O-75-04 12/29/04VILLAGE OF LEMONT
ORDINANCE NO. �)5-o
AN ORDINANCE AMENDING ORDINANCE NO. 910,
TO AUTHORIZE THE EXECTUION OF A FIRST AMENDMENT TO THE
D -LUX BUDGET INN ANNEXATION AGREEMENT TO PERMIT A SPECIAL
USE OF A PLANNED UNIT DEVELOPMENT (PUD) AT 12241 S. ARCHER
AVENUE, LEMONT ILLINOIS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 25th DAY OF OCTOBER, 2004
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this 25th day of
October, 2004.
AN ORDINANCE AMENDING ORDINANCE NO. 910,
TO AUTHORIZE THE EXECTUION OF A FIRST AMENDMENT TO THE
D -LUX BUDGET INN ANNEXATION AGREEMENT TO PERMIT A SPECIAL
USE OF A PLANNED UNIT DEVELOPMENT (PUD) AT 12241 S. ARCHER
AVENUE, LEMONT ILLINOIS
WHEREAS, an amended Annexation Agreement has been drafted, a copy of
which is attached hereto and included herein; and
WHEREAS, the legal owners of record of the territory which is the subject of
said agreement are ready, willing and able to enter into said amended agreement and to
perform the obligations as required hereunder; and
WHEREAS, the statutory procedures provided for in the Illinois Municipal Code
for the execution of said Annexation Agreement have been fully complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF
COOK, DuPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS:
SECTION 1: That the Village President be and is hereby authorized and directed,
and the Village Clerk is directed to attest to a document known as the "FIRST
AMENDMENT TO THE D -LUX BUDGET INN ANNEXATION AGREEMENT"
and dated the 25th day of October, 2004, a copy of which is attached hereto and made a
part hereof.
SECTION 2: That this ordinance shall be in full force and effect from and after
its passage, approval, and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL,
AND DUPAGE, ILLINOIS, on this 25th day of October, 2004.
Debbie Blatzer
Peter Coules
Brian Reaves
Steve Rosendahl
Ron Stapleton
Jeanette Virgilio
AYES NAYS ABSENT ABSTAIN
1/
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Approved by me this 25th day of October, 2004.
Attest:
CHARLENE M. SMOLLEN, Village Clerk
mail to:
Village Clerk
Village of Lemont
418 Main Street
Lemont, IL 60439
22 -27 -201 -012
FIRST AMENDMENT TO THE D -LUX BUDGET INN ANNEXATION
AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of October, 2004 by
and between the VILLAGE OF LEMONT, an Illinois Municipal Corporation (hereinafter
referred to as the "VILLAGE "), and Wojciech Gubala, (hereinafter referred to as the
OWNER).
WITNESSETH:
WHEREAS, An Annexation Agreement, dated September 25, 1995 (hereinafter
referred to as the "Original Agreement ") was entered into between the VILLAGE and the
First National Bank of Joliet Land Trust #4404 and the OWNER to annex to the
VILLAGE certain territory containing approximately 0.88 acres, hereinafter referred to as
"the subject property," adjoining and contiguous to the VILLAGE corporate boundary
near the northeast corner of McCarthy Road and Archer Avenue; and
WHEREAS, the Original Agreement authorized a zoning classification of B -3
Arterial Commercial District; and
WHEREAS, OWNER is the owner of the subject property, commonly known as
the D -Lux Budget Inn property located at 12241 S. Archer Avenue (PIN #22- 27 -201-
012) in Lemont, Illinois and legally described in Exhibit "A "; and
WHEREAS, the OWNER has requested a special use of a Planned Unit
Development as part of the amendment to the Original Agreement for the construction of
multi - tenant commercial building referred to as the Lemont Retail Building as a second
principal building on the subject property, and
WHEREAS, the Zoning Board of Appeals of the Village of Lemont, Illinois, in
accordance with said Zoning Ordinance, conducted a Public Hearing on the petition on
August 2, 2004 and August 17, 2004; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner
provided by law and was published in the Lemont Reporter Met, a newspaper of general
circulation within the Village; and
WHEREAS, the Zoning Board of Appeals denied the recommendation for said
PUD by a vote of 6 -0 with one absent; and
WHEREAS, William K. Olson & Associates, hereinafter referred to as "the
Petitioner ", are the representatives of the OWNER of the subject property;
WHEREAS, the petitioner has submitted a Preliminary PUD Plan for the multi -
tenant commercial building, attached hereto as "Exhibit B "; and
WHEREAS, subsequent to the decision of the Zoning Board of Appeals, the
petitioner revised the preliminary PUD plan to eliminate the request for a front yard
setback variation that had been included on the public hearing exhibits; and
WHEREAS, pursuant to the provisions of Section 11- 15.1 -1 of the Illinois
Municipal Code 65 ILCS 5/11- 15.1 -1, the Corporate Authorities of the VILLAGE have
duly fixed a time for and held a public hearing upon this Second Amendment to the
Annexation Agreement; and
WHEREAS, the VILLAGE and the OWNER desire to amend the Agreement
approved by ordinance no. 910 dated September 25, 1995 to allow development of a
multi- tenant commercial building on the OWNER'S parcel.
NOW, THEREFORE in consideration of the foregoing premises and of the
covenants and conditions hereinafter contained, the adequacy and sufficiency of which is
hereby acknowledged, VILLAGE and OWNER agree as follows:
Section 1. Special Use — PUD. As provided in Chapter XVI.H.3. &7. (Special
Use — Planned Unit Developments) of the Lemont Zoning Ordinance, the Village has
deemed it appropriate to approve the following selected bulk exceptions as part of the
Planned Unit Development for the multi- tenant commercial building referred to as the
Lemont Retail Building.
1. Reduction in the building side yard (east) setback from 20 feet to 6 feet &
reduction in the landscape setback from 15 feet to 6 feet;
2. Reduction in the landscape setback (west) from 10 feet to 2 feet; and
3. Reduction in the Right -of -way landscape setback for the parking lot from 15 feet
to 6 feet.
Section 2. Conditions. As soon as practicable upon approval of this amendment,
the VILLAGE agrees to enact and adopt an ordinance providing for the following:
Amendment of the Original Agreement to allow a multi- tenant commercial building at
12241 S. Archer Avenue, subject to the following conditions:
1. Development of the site shall conform to the site plan, landscape plan,
preliminary engineering plan, and preliminary building elevations and floor plans
and shall be exhibits to the PUD ordinance, attached hereto as "Exhibit B ";
2. The revised list of specific permitted uses shall be an exhibit to the PUD
ordinance, attached hereto as "Exhibit C ";
3. Final development plans shall be subject to the Village Engineer's approval;
4. Traffic management, including on -site traffic and parking control signs, aisle
widths, and turn radii, shall be subject to the Village Engineer and Fire Protection
District's review and approval;
5. The ground sign on McCarthy Road shall be redesigned as a legal and conforming
ground sign.
6. Truck deliveries are restricted between the hours of 12 a.m. to 6 a.m., daily;
7. Hours of operation shall be limited from 7 a.m. to 10 p.m., daily;
8. Lighting (except security lighting) shall be extinguished between the hours of 11
p.m. and 6 a.m., daily;
9. The two parking areas (existing hotel and new retail /office) have been joined by a
mountable, emergency -use median approved by the Lemont Fire Protection
District;
10. The two dumpsters will be relocated between the motel and the new multi- tenant
retail building with a screened cedar fence.
11. A continuous 6' wide sidewalk is required along the frontage of McCarthy Road
and Archer Avenue;
Section 3. Incorporation of Original Annexation Agreement.
Except as they may be modified by this Agreement, all terms and conditions of
the Original Agreement of the subject property, as authorized by Village of
Lemont Ordinance no. 910, approved September 25, 1995 shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed hereto this Agreement as
of the 25th day of October 2004.
ATTEST:
By:
VILLAGE OF LEMONT
An Illinois M nicipal orporation
By:
JO '.Its' IAZZA, Village ' sident
HARLENE SMOLLEN, Village Clerk
By:
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK
OWNER: WOJCIECH GUBALA
beel (5u,L
Wojciech Gu
I, the undersigned, a Notary Public, in and for the County and Sate aforesaid, DO
HEREBY CERTIFY that JOHN F. PIAZZA personally known to me to be the President
of the Village of Lemont, and CHARLENE M. SMOLLEN, personally known to me to
be the Village clerk of said municipal corporation, and personally known to me to be the
same persons whose names are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that as such President and Village
Clerk, they signed and delivered the said instrument and caused the corporate seal of said
municipal corporation to be affixed thereto, pursuant to authority given by the Board of
Trustees of said municipal corporation, as their free and voluntary act, and as the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
set forth.
GIVEN
COcttlai
under my hand
, 2004.
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
and official seal, this A 544-' day of
° C.&
Notary Public
NOM 1 S3t1103 NO I ■O3 AW
SIONi111 '0f9fd AMON
S31VA AVW3SO13
"IVES 1V19 1d40
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that the above -named Wojciech Gubala, OWNER of subject
property, personally known to me to be the same person whose name is subscribed to the
foregoing instrument appeared before me this day in person and acknowledged that they
signed and delivered the said instrument as their own free and voluntary act for the uses
and purposes therein set forth.
GIVEN under my hand and official seal, this cR6I day of Oe+o 3- P
2004.
tary Public
OFFICIAL SEAL
KAREN MAZA
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8.13 -2008
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF LOT 8 IN COUNTY CLERK'S DIVISION OF SECTION 27,
TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING NORTH OF A LINE 50.0 FEET NORTH OF THE SOUTH
LINE OF THE NE 'A OF SECTION 27 AFORESAID, BEING THE NORTH LINE
OF McCARTHY ROAD, AND LYING EAST OF A LINE WHICH IS AT RIGHT
ANGLES TO SAID NORTH LINE OF McCARTHY ROAD AT A POINT IN THE
NORTH LINE OF McCARTHY ROAD THAT IS 352.10 FEET EAST OF THE
WEST LINE OF LOT 9 IN SAID COUNTY CLERK'S DIVISION (SAID WEST
LINE OF LOT 9 BEING THE NORTH AND SOUTH CENTERLINE OF SAID
SECTION 27); AND LYING WEST OF A LINE WHICH IS AT RIGHT ANGLES
TO THE SAID NORTH LINE OF McCARTHY ROAD AT A POINT IN SAID
NORTH LINE OF McCARTHY ROAD THAT IS 462.10 FEET EAST OF SAID
WEST LINE OF LOT 9, EXCEPTING FROM THE HERETOFORE DESCRIBED
PARCEL OF LAND, THE NORTH 42.0 FEET THEREOF, (AS MEASURED AT
RIGHT ANGLES FROM THE CENTER OF ARCHER ROAD), ALL IN COOK
COUNTY, ILLINOIS.
S:COMMUNITY DEVELOPMENT DEPT\CASE FILES \2004\24.18 Lemont Retail Bldg\D -Lux Budget Inn
Section VIII - Business Districts
C. B -1 OFFICE/RETAIL TRANSITIONAL BUSINESS
1. Permitted Uses
a. Bakeries
Exhibit "C"
c. Barber & Beauty Shops
d. Bicycle sales, rental & repair
e. Candy, Coffee, and Ice Cream Shops (less than 1,500 square feet floor
area)
f Civic & Governmental Buildings
h. Drug Stores
i. Dry Cleaning Establishments without processing on -site
j. Florists
k. Food Stores (less than 2,500 square feet floor area)
1. Funeral Home
n. Gift Shops
o. Medical Offices & Facilities (must comply with 5/1000 parking ratio)
p. Offices (Professional, Business, Public or Institutional) facilities
q. Temporary buildings; for censtfuctien pupescs for a pci4ed not to exceed
r. Temporary Uses; upon approval of the Community Development Director
not to exceed ninety (90) days.
s. Office/Business Machine Sales & Service
1
Section VIII - Business Districts
u. Travel Agents
v. Video Cassette Sales & Rentals from the premises
w. Other uses which are of the same general character as the above permitted
uses as determined by the Community Development Director, but
specifically prohibiting those uses which are first permitted in the B -2, B -3,
and B -4, M -1, M -2, M -3, M -4 or ORI Districts.
D. B -2 HISTORIC CENTRAL BUSINESS DISTRICT
1. Permitted Uses
a. Air conditioning, refrigeration & heating shops
b. Antique shops
c. Art and school supply stores
d. Art galleries (not including auction rooms)
e. Art, sculptor & composer studios
f. Automobile accessory stores
i. Blueprinting, Photostatting and copying services
j. Bicycle sales, rental and repair shops
k. Book and stationary stores
1. Camera and photographic supply stores
m. Canoe rental
n. Carpet & rug stores
o. Catering establishments
2
Section VIII - Business Districts
p. China and glassware stores
q. Clothing sales and rental stores
r. Clubs or lodges
s. Coin and philatelic stores
t. Confectionery stores
u. Currency exchange
v. Custom dress making
w. Diaper services.
y. Dry geed -tares
aa. Employment agencies
bb. Florist shops
cc. Food - grocery stores, meat -fish markets, dairy, product beverage stores,
delis
dd. Furniture stores
ee. Glass shop
ff. Hardware stores
gg. Hearing aid stores
hh. Heating & plumbing/sales & service
ii. Hobby and craft stores
jj. Home furnishing sales & service
kk. Household appliances /electrical appliance stores
3
Section VIII - Business Districts
11. Interior decorating shops
mm. Jewelry stores, including watch repair
oo. Leather goods/luggage stores
pp. Locksmith shops
qq. Machine sales office
rr. Mail order /catalog store
ss. Medical and dental clinics & related laboratory facilities imust comely
with 5 /1000 parking ratio)
tt. Millinery shops
uu. Musical instrument sales and service
vv.
ww. Office supply and office equipment stores
xx. Optical products, sales and service
yy. Orthopedic and medical appliance stores
zz. Outdoor dining areas or cafes provided an arca is seated by a fence or
et-her-barricade
aaa. Package liquor & party supply stores
bbb. Painting and decorating stores
ccc. Party supply stores
ddd. Pet shops
eee. Phonograph record and cassette stores, including sale of compact discs,
sheet music
fff. Photography including development of film when conducted as part of the
retail business
4
Section VIII - Business Districts
ggg.
Physical therapy, speech therapy and related facilities (must comply with
5 /1000 parking ratio)
hhh. Picture framing store and art gallery
iii. Plumbing showrooms and shops
jjj. Post office and express mail agencies
kkk. Printing shops
111. Radio and television sales and repair
mmm. Recording and sound studios
nnn. Restaurants, excluding entertainment and dancing
000. Restaurants, - carry out with no food consumed on premises (less than
1,500 square feet floor area)
Schools - music, dance, martial arts
ppp.
qqq. Secondhand stores
rrr. Sewing machine sales and service
sss. Shoe stores
ttt. Shoe, clothing and hat repair stores
vvv. Sporting goods stores
www. Tailor shops
xxx. Tobacco shops
yyy. Taxidermists
zzz. Telephone answering service
aaaa. Temporary Buildings for construction purposes for a period not to exceed
bbbb. Temporary uses; upon approval of the Community Development Director,
5
Section VIII - Business Districts
cccc.
not to exceed 90 days.
dddd. Ticket agencies/amusements and sports
eeee. Toy shops
ffff Variety stores
hhhh. Uses accessory to the above permitted uses
iiii. Other uses which are of the same general character as the above permitted
uses as determined by the Community Development Director, but
specifically prohibiting those uses which are first permitted in the B -3, B -4,
M -1, M -2, M -3, M -4 or ORI Districts.
jjjj. Uses permitted in the B -1 District
E. B -3 ARTERIAL COMMERCIAL DISTRICT
1. Permitted Uses
a.
billiard halls, skating rinks, etc.)
b. Automobile accessory stores
c.
d.
c. Boat and recreational vehicle salts (no service)
f Catalogue Sales
g. Greenhouses, gardcn centers and nurseries
h. Hardware store
i.
6
Section Vlll - Business Districts
j.
k. Hotels & motels
1. Meat markets, retail only
n.
Monument .,l0
p.
Restaurants with drivc through facilities (subject to dcsign standards
identified in Section XIII)
Schools, commercial or trade
r. Temporary Buildings; for construction purposes for a period not to cxcccd
sueli-eenstfuetien
s. Temporary Uses; upon approval by the Community Development Director,
not to exceed 90 days.
t. Toy Stores
u. Training and conference centers.
v. Uses accessory to the above permitted uses
w. Variety Stores
x. Other uses which are of the same general character as the above permitted
uses as determined by the Community Development Director, but
specifically prohibiting those uses which are first permitted in the B -4, M-
1, M -2, M -3, M -4 or ORI districts.
y. Uses permitted in the B -1 and B -2 District, except dwelling units.
7
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QPROPOSED SITE PLAN
SCALE: 1" = 30' -0"
4
SETBACK LINE
EXHIBIT B
GENERAL SITE /BUILDING DATA
TOTAL SITE AREA
38,494 SF
FAR = 1.0 X SITE AREA
38,494 SF
EXISTING BUILDING AREA
7,782 SF
PROPOSED BUILDING AREA (FIRST FLR & MEZZANINE)
3,600 SF
TOTAL BUILDING AREA
11,382 SF
PARKING REQUIREMENTS
BUILDING USE
CODE REQUIREMENTS
ACTUAL PROVIDED
EXISTING MOTEL
1 SPACE/RM = 23 SPACES (INCL 1 HC)
28 SPACES (INCL 1 HC)
PROPOSED RETAIL
4.5 SPACES /10005F = 4.5 x 3,600 = 18.2 SPACES
16 SPACES (INCL 1 HC)
PROPOSED FLOOR PLAN
C] SCALE: 1/8" = 1' -0"
PITCH
R DV TY}'.
2
PROPOSED ROOF PLAN
i SCALE: 1/8" = 1' -0"
PROPOSED MEZZANINE PLAN
SCALE: 1� 1� -0°
REVISIONS
ND.
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DATE: 5/02/04
SCALE: AS NOTED
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ELEV: O' -0"
T/FOOTING
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