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O-35-98 04/27/98VILLAGE OF LEMONT ORDINANCE NO. r 35 -q$ AN ORDINANCE APPROVING SPECIAL USE TO PERMIT REPLACEMENT OF A PCS TOWER IN THE M -2 MANUFACTURING DISTRICT (13075 Main Street, Lemont, Illinois) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 27th day of April 1998. 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 27th day of April 1998. ORDINANCE NO. AN ORDINANCE APPROVING SPECIAL USE TO PERMIT REPLACEMENT OF A PCS TOWER IN THE M -2 MANUFACTURING DISTRICT (13075 Main Street, Lemont, Illinois) WHEREAS AT &T Wireless Services, hereinafter referred to as "the Petitioner ", is the lessee of an approximately .02 acre parcel, hereinafter referred to as "the subject property", located at 13075 Main Street, in Lemont, Illinois and legally described in Exhibit "A "; and WHEREAS the Petitioner made application under the provisions of the Lemont Zoning Ordinance of 1980 (No.426),for a request for a Special Use to permit the replacement of the existing 99' monopole structure with a new 190' monopole PCS tower in the M -2 Manufacturing District; and WHEREAS a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Reporter Progress, a newspaper of general circulation within the Village; and WHEREAS the Planning & Zoning Commission of the Village of Lemont, Illinois (the' Village ") did heretofore commence and conduct a Public Hearing on March 17, 1998, for approval of a Special Use; and WHEREAS the Planning & Zoning Commission of the Village of Lemont, after a public hearing as required by law, recommended approval of the Special Use Permit; and WHEREAS the President and Board of Trustees of the Village have determined that the best interests of the Village will be served by approving the Special Use Permit described herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS: SECTION 1: Special Use. The subject property described above is hereby permitted a Special Use to replace the existing 99' monopole structure with a new 190' monopole PCS tower in the M -2 Manufacturing District, pursuant to Ordinance No. 889, Section IX.E.2.e. of the Lemont Zoning Ordinance. SECTION 2: Conditions. The Special Use is subject to the following conditions: 1. Approvals shall substantially conform to the Site & Detail Plan, Tower Elevation & Antenna Mounting Detail Plan; Tower Foundation Plan; and Grounding Plan, attached hereto as Exhibit "B ", except as such plans may be changed to conform to the Village codes and ordinances and the conditions below; 2. The southern section of the existing drive shall be improved prior to or in conjunction with the issuance of a building permit; 3. The petitioner has submitted security, in form of a check, for the purpose of securing with the Village the costs associated with driveway improvements required by PrimeCo Communications (An existing antenna on the same property). PrimeCo failed to complete drive improvements as required by the Village. However, this condition shall not be considered a waiver of responsibility of PrimeCo to fulfill prior obligations, but only to give the Village proper security for the improvements. The agreement outlines an improvement completion date of September 30, 1998, as attached as Exhibit "E "; 4. Approvals shall be contingent on the special use permit being valid for a period of one (1) year from the date of Village Board approval. If a building permit is not issued within the one (1) year time limitation, then the special use permit shall lapse; 5. If the monopole structure and related equipment should be abandoned for a period greater than 60 days the tower shall be removed from the site at the petitioners expense; 6. The tower shall allow two (2) additional antenna users to locate on the monopole structure. AT &T shall not unreasonably restrict the use of their monopole for any additional users. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 27th DAY OF APRIL 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Attest: AYES NAYS PASSED ABSENT Approved by me this 27th day of Air 1 • LOA RIC 'RD ' ASN "SKI, Village President CHARLENE SMOLLEN, Village Clerk Planning Department Village of Lemont 418 Main Street Lemont, Illinois 60439 PIN #: 22 -14 -400- 033 -0000 EXHIBIT "A" THAT PART OF THE WEST HALF OF THE EAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID WEST HALF; THENCE SOUTH 1 DEGREE 37 MINUTES 7 SECONDS EAST, ALONG THE WEST LINE OF SAID WEST HALF, 711.17 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTH LINE, AS MONUMENTED, OF A CELLULAR ONE LEASE PARCEL; THENCE NORTH 88 DEGREES 22 MINUTES 53 SECONDS EAST, ALONG SAID SOUTH LINE AND THE WESTERLY AND EASTERLY EXTENSIONS THEREOF, 11010 FEET; THENCE SOUTH 1 DEGREE 37 MINUTES 7 SECONDS EAST 110.00 FEET TO A POINT OF BEGINNING; THENCE SOUTH 1 DEGREE 37 MINUTES 7 SECONDS EAST 40.00 FEET; THENCE SOUTH 88 DEGREES 22 MINUTES 53 SECONDS WEST 30.00 FEET; THENCE NORTH 1 DEGREE 37 MINUTES 7 SECONDS WEST 40.00 FEET; THENCE NORTH 88 DEGREES 22 MINUTES 53 SECONDS EAST 30.00 FEET TO THE POINT OF BEGINNING; ALL IN COOK COUNTY, ILLINOIS, AND CONTAINING 1200 SQUARE FEET THEREIN. PIN #: 22 -14- 400 -033