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O-84-99 11/08/1999ORDINANCE (i y_g ORDINANCE AMENDING ORDINANCE 0 -26 -99 ENTITLED THE LEMONT ZONING ORDINANCE (Sections XVIII-F-3, XVIII-H-3 and XVIII- J -3 -C) BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, State of Illinois, that Lemont Zoning Ordinance 0 -26 -99 be amended as follows: SECTION XVIII-F-3: d. Deleted. (New): d. To hold public hearings, and submit recommendations thereon to the Village Board. e. Deleted. f. Text unamended. g. Text unamended. SECTION XVIII-H-3: c. Deleted. d. Deleted. (New): c. The Community Development Director shall set a date for hearing, which date shall not be later than 90 days after the date of filing a completed application and all related documents. The Community Development Director shall cause notice of such hearing. to be published at least once, not more than 30 days nor less than 15 days before the hearing in a newspaper of general circulation within the Village of Lemont. The published notice may be supplemented by such additional form of notice as the Board may by rule provide. The findings and recommendations of the Planning and Zoning Commission shall be submitted to the Village Board not later than sixty (60) days following the public hearing. I. Deleted. SECTION XVIII- J -3 -c: c. Order of Hearing (1) Deleted. (New): (1) The hearing of Amendments shall be conducted in the same manner as described in Subsection H -3 -f of this Section, except that, parties appearing at this hearing are not required to take oath unless it is so ruled at the opening of the hearing by the hearing committee. The findings and recommendations of the Planning and Zoning Commission shall be submitted to the Village Board not later than sixty (60) days following the public hearing. (New): e. In case a written protest against any proposed Amendment signed and acknowledged of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across the alley therefrom, or by owners of 20 percent of the frontage directly opposite the frontage to be altered, is filed with the Village Clerk, the Amendment cannot be passed except on the favorable vote of two - thirds of all members of the Village Board. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE APPROVAL AND PUBLICATION IN PAMPHLET FORM. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this be) �" day of . , 1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT v v CHARLENE SMOLLEN, Village Clerk Approved by me this 6 *41' day of Attest: 1999. CHARLENE SMOLL N, Village Clerk APPROVED AS TO FORM .� , NTONOPO , Village Attorney KWASNESKI, Village President PROPOSED TEXT AMENDMENT - ZONING ORDINANCE Section XVIII-F-3 d. To receive all applications for proposed amendments and thereafter to hold public hearings, and submit recommendations thereon to the Village Board. c. To receive all applications for Planned Unit Developments. c. PROPOSED TEXT AMENDMENT - ZONING ORDINANCE Section XVHI -H -3 hearing and submit to thc Village Board a report of its findings and y otncr pc men mrorm Dcvclopmcnt Dircctor. d. "The Community Development Director shall set a date for hearing, which date shall not be later than 90 days after the date of filing a completed application and all related documents. The date of hearing shall bc relayed to the Community Dcvclopmcnt Director without delay. The Community Development Director shall cause notice of such hearing to be published at least once, not more than 30 days nor less than 15 days before the hearing in a newspaper of general circulation within the Village of Lemont. The published notice may be supplemented by such additional form of notice as the Board may by rule provide. The findings and recommendations of the Planning and Zoning Commission shall be submitted to the Village Board not later than sixty (60) days following the public hearing. PROPOSED TEXT AMENDMENT - ZONING ORDINANCE Section XVIII -H -3 -i i. In case a written protest against anv proposed Variation signed and acknowledged of 20 perccnt of the frontagc proposed to bc altcrcd, or bv the owners of 20 frontage proposed to be altcrcd, or bv the owners of 20 percent of 20 perccnt of the frontage directly opposite the frontagc to bc altcrcd, is filed with thc Community Development Dircctor, the Variation cannot bc passed except on thc favorable vote of two- thirds of all members of the Village Boar PROPOSED TEXT AMENDMENT - ZONING ORDINANCE Section XVIII -J -3 -c c. Order of Hearing (1) The hearing of Amendments shall be conducted in the same manner as described in Subsection H -3 -f of this Section, except that, parties appearing at this hearing are not required to take oath unless it is so ruled at the opening of the hearing by the hearing committee. At thc conclusion of thc hcaring, thc Planning and Zoning Commission shall take this- matter under advisement; however, it shall be cntcrcd in thc agenda of thc first meeting of thc Planning and Zoning submitted to thc Village Board not later than sixty (60) days following thc public hcaring. The findings and recommendations of the Planning and Zoning Commission shall be submitted to the Village Board not later than sixty (60) days following the public hearing. e. In case a written protest against any proposed Amendment signed and acknowledged of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across the alley therefrom, or by owners of 20 percent of the frontage directly opposite the frontage to be altered, is filed with the Gemfrturrity Develept Village Clerk, the Amendment cannot be passed except on the favorable vote of two - thirds of all members of the Village Board. PROPOSED TEXT AMENDMENT - SUBDIVISION ORDINANCE Section ILI-A Preliminary Plat 1. The owner or subdivid - • •, r. , • • • • •. I I . • • shall file an application for approval of the preliminary plat with the Villagc CL,l. Community Development Director. Nine-(9) 15 copies of the preliminary plat and the required filing fee shall accompany the application. A Technical Review Committee shall review petitions to provide technical comments to the Planning & Zoning Commission and the Village Board. Such committee shall meet when deemed appropriate by the Community Development Director. meeting- 2. The Community Development Director shall set a date for hearing, which date shall not be later than 90 days after the date of filing a completed application and all related documents. 3. The Plan Commission shall approve or disapprove the application for preliminary plat approval within 90 days from the date of application or the filing by the applicant of the last item of required supporting documents, whichever date is later, unless such time is extended by mutual consent. -57 4. When the preliminary plat has been acted upon by the Plan Commission, it shall be referred to the Village Board. If the Plan Commission approves the it shall so indicate on the plat, and if it disapproves such plat it shall furnish the Village Board and the applicant a written statement setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed plat fails to conform to this ordinance and with the intent of the Comprehensive Plan. The Village Board shall accept or reject said plat within 30 days after its regular scheduled meeting following the action of the Plan Commission for further consideration, unless additional time for consideration is agreed to by the Board and petitioner mutually. PROPOSED TEXT AMENDMENT - SUBDIVISION ORDINANCE Section II -B B. Definitions SUBDIVISION [preceding text unamended] For the purpose of this ordinance, however, the following cases shall not constitute a '`subdivision." a. The division of a tract, parcel. or lot into parcels or lots all of which resultant parcels or lots exceed- three -five acres, . [following text unamended] Plan Commission shall resubmit its recommendatio s within thirty (30) days after the Village Board's co nication is received by the Plan Commission. The ViIT ge Board shall act on the approval or disapproval of the preliminary their first meeting following the receival ;Of the communication rom the Plan Commission. 7 Up approval of the preliminary the•.•eveioper shall revise his prelimrnarthp Village hoard, fern. Y prat and shall h seven P (7) copies of same for processing and the Board's appro 1. The following "Notice of. Approval" shall be stamped and re fired signatures affixed on all seven copies of this revised reliminary plat. •' TICE OF APPROVAL= OF PRELIMINARY PLAT "Notice is hereby give\i\ that the reiiminar P y plat of a subdivision shown hereon has received approval.by the Board of Trustees of the Village of Lemont, Illinois, and upon compliance by the subdivider with requirements of qualifications governing the approval of prelim- inary plats and with other revisions and stipulations that may be required, the Village Board•will receive the final plat for consideration when submitted by the subdivi$er in such form and within such time as required by this ordinance.'!` The Board of Trustees of the Village of Lemont, 111inois Date By 19 Attest President Village Clerk 8 Seven (7) prints of such approved preliminary plat shall be distributed by the Village Clerk as follows: a cne print shall be sent to the Plan Commission; one copy shall be sent to the Zoning Administrator; b c two copies shall be sent to the Village Engineer; one print shall be retained b - i age Clerk ling: and prints shall be .ed to the subdivider, Approval of the preliminary plat by the Plan Commission and Village Board shall be conditioned upon stipulati -ons as set forth in Section V of this ordinance. B FINAL PLAT 1 Within one year. after approval of the preliminary plat by the Village Board, the subdivider shall file with the Village Clerk an application for approval of the final plat covering all or a part of the approved preliminary plan. Such application shall include the original ink transparency on a permanent material, one transparency print, five contact prints of the final plat, and four copies of ail supporting maps, drawings, and all other required documents. The final plat shall retain the design characteristics of the approved preliminary plan, except that the Village Board may require such changes or revisions as are deemed necessary in the interest and needs of the community, otherwise if a preliminary plan is approved by the Plan Commission and the Village Board, the Village Board cannot change the requirements for the particular subdivision if the final plat is pre- sented within one year from date of acceptance of the preliminary plan. Accordingly, the Village Board shall refer the application for approval of the final plat to the Plan Commission for recommendation and report rela- tive to design characteristics of the final plat. 2 In case application for approval of a final plat is made for only a part of the approved preliminary plan, if re- quested by the developer the Village Board may extend the time for filing application for approval of final plats covering the remaining area included in the approved preliminary plan until a later date or dates beyond the foregoing one-year period. 3 Within 90 days from the date of filing the last required document or other paper or within 90 days from the date the application for approval of the final plat was filed with the Village Clerk, whichever date is later, the Village Board shall by resolution approve or disapprove such plat. Upon the adoption of the resolution approv- ing a final plat, the Village Clerk shall certify such approval and affix the corporate seal of the Village on the final plat. 8 10/27!99 06:57 70e22240Se LSS ST[CKNEY PLANT P. 001 TECHNICAL REVIEW COMMITTEE/PLANNING SURVEY October 26, 1999 Every month the village Planning nor receives lima use pennons seew % action CRS a variety et levels. Some requests involve high impact projects such as major subdivisions and vomwerciat development, while others involve low impact requests such as verfstlons lbr hazes ana Weds, single lot divisions and plata of' consolidation. Under the current procedures, the Planning Staff invites your agency to a technical rsview commits meeting to discuss those land use requests that are determined to be more than low impact p.rtaone. Ce stuseats manic at the meeting sad received is writing ace then compiled by the sear and fbrwardv d to the Planning & Zordrg Commission for the official public biasing process. We are sealing your input as to whetnar the current system rests your agency's t,ecds. 1 would ask that you cheek one of the following options and > the response back to Us as soon as possible. I am satisfied with the current system of receiving notice, plans, and invitations to technical review meetings for petitions which the Planning stab' determines to have an impact on my agency. I would like to receive notice, plans, and invitations to technical review meetings for all petitions whether or not they have an impact on my agency. PLEASE FAX TO: Scott Burning, Community Development Director @ 243 -0958. Ed WCSS:tB 6667 SE '100 5S50 Ere 0E9 : 'ON 1401-id =f' rr TECHNICAL REVIEW CONL MITTEE/PLAN ING SURVEY October 26, 1999 Every month the Village Planning staff receives land use petitions seeking action on a variety of levels. Some requests involve high impact projects such as major 4mbdivisions and commercial development, while others involve low impact requests such as variations for fences and sheds, single lot divisions and plats of consolidation. Under the current procedures, the Planning Staff invites your agency to a technical review committee meeting to discuss those land use requests that are determined to be more than low impact petitions. Comments made at the meeting and received in writing are then compiled by the staff and forwarded to the Planning & Zoning Commission for the official public hearing process. We are seeking your input as to whether the current system meets your agency's needs. I would ask that you check one of the following options and fax the response back to us as soon as possible. 1 am satisfied with the current system of receiving notice, plans, and invitations to technical review meetings for petitions which the Planning staff determines to have an impact on my agency. 1 would like to receive notice, plans, and invitations to technical review meetings for all petitions whether or not they have an impact on my agency. PLEASE FAX TO: Scott Buening, Community Development Director @ 243 -0958. z',trc Zd L4dSP: to 566; 92 'lop 8560 0£9 . 'Or aNCHd : WOW /qr.. nOet nW7147= n714:..4 '7147-1 .,gnu._] 19 -28 -99 19:19 LEMONT SCHOOL DISTRICT 113 Z6' d X566 EbL Of : iVQ2i 3 a341202u ID- 6392433995 P -92 ES:cr 66 -gc -61 TECIL ICAL REVIEW COMMITTEE/PLANNING SURVEY October 26, 1999 livery month the Village Planning staf receives land use petitions seeking action or. a variety of levels. Some requests involve high impact projects such as major subdivisions and commercial development, while others involve tow impact requests such as variations for fences and sheds, single lot divisions and plats of consolidation. Under the current prvicetrrer, the Plarning Staff invites your agency to a technical review commute meeting to discuss those land use requests that are determincxi to be more than law impact pctitlons. Comments made at the meeting and received in writing are then compiled by the staff and forwarded to the Planning & ?on:ng Commission for the official public licarint process. We are seeking your input as to whether the current system meets your agency's needs. I .would ask that yon check one of the following options and fax the response back to us as soon as possible. Ater.44,441w14 45•+'Cne'64 - C.54 19,67/13,4 I am satisfied with the current system of receiving notice, plans, and invitations to technical review meetings for petitions which the Planning staff determines to have an impact on my agency. I would like to receive notice, plans. and invitations to technical review meetings for all petitions whether or not they have an impact on rr_y agency. PLEASE FAX TO: Scott Buening, Community Development Director `a. 243 -0958. zlrrc 1,4620 ; .l�n c '.9 • 14:k. NCN 10/28/99 14:46 '0'630 237 7603 Lemont HS D -210 002 ��. zooya bcZI.ON xa /xi ve :c' 6s/9g /ot g11, ScL l TECHNICAL REVIEW COMMITTEE/PLANNING SURVEY October 26, 1999 Every month the ',Mega Plamina staff r.arives land use pethiona seeking action on variety of lavela Soma requests involve bi. h impact projects such as major subdivision and commercial development„ white others involve low impact requests suck es variations for fences and sheds, aiagle lot divisions and plats of consolidation- Under the ceorsnr procedsaw, the planning Staff invites your agency to a technical review committee meeting to discuss those land use requests that are deterntined to be more die low impact petitions_ Comments made at the meeting and received in writing are then compiled by the staff sad forw#rded to the Planning & Zoning Commission for the official public hearing protium We are seeking your input as to whethea the current system meets your agency's needs. I would ask that you check one of the following options and fax the response back to us as soon as possible. X am satisfied with the current system of receiving notice, plans, and invitations to technical review meetings for petitions which the Planning staff determines to have an impact on my agency. I would like to receive notice, plans, and invitations to technical review meetings for all petitions whether or not they have an impact on my agency. PLEASE FAX TO: Scott Buening, Community Development Director (& 243-0958. Ge» p d bp,-1. (Biter TECRNICAL REVIEW eaSiBi1TTEE/PLANNISIG SURVEY October 26, 1999 Every month the Wage Planning staff receives land use petitions seeking action on a variety of levels. Some requests involve high impact projects such as nt jor stabdivislons and commercial development, while others involve low impact requests such as variations for fer -ces and sheds. single lot divisions and plats of consolidation. Under the current procedurel, the Planning Staff invites your agency to a technical review committee meeting to discuss those Sand use requests than are determined to be Mors than low krmpactpatitioras. Commcats made at the meeting and received in writing are toes comps by the staff and forwarded to the ?Leaning 1 Ong Commission for the ofSciai public hearing Pte. We are seeking your input as to wheedler the current system melts your agency's needs. I would ask that you check ono of the following options and fax the response back to us as soon as possible. i am satisfied with the current system of receiving notice, plans, and invitations to technical review meetings for petitions which the Planning staff determines to have an impact on my agency. I would like to receive notice, plans, and invitations to technical review meetings for all petitions whether or not they have an impact on my agency. PLEASE FAX TO: Scott Binning, Community Development Director ® 243.0958. altrc Zd We6d: T3 5E8'; :c •1a0 30 £az . • `+ aNcHe Village of Faith Chairman Thomas 1. Metzger Commissioners Paul Bruce Katherine H. Murphy Ellen Pearson Jerry Ptacek Ronald J. Stapleton Scott Studebaker Villa 1) e of Lemont PLANNING & ZONING COMMISSION 418 Main Street • Lemont, 11 60439 Mayor Richard A. Kwasneski and Board of Trustees Village of Lemont 418 Main Street Lemont, IL 60439 RE: Proposed Text Amendments to Zoning and Subdivision Ordinances Dear Mayor Kwasneski and Village Trustees: The Planning and Zoning Commission conducted a public hearing on the above noted case at the September 21 meeting. The Commission heard testimony from the Village Planner. The Commissioners feel that the proposed amendments are really more of a "housekeeping" measure, due to the fact that the current procedure for processing applications has been in place for many years. However, even the correction of a minor technicality such as this, should be approved expediently so that there can be no question as to the fair and consistent manner in which any and all proposals are processed and reviewed by Staff, the Planing & Zoning Commission and the Village Board. Following careful review of the petition, the Planning and Zoning Commission's vote to recommend approval of the annexation and rezoning passed by a vote of 7 -0. Sincerely, Tom Metzger, Chairperson Planning and Zoning Commission STAFF REPORT PLANNING AND ZONING COMMISSION Prepared by Andrew Fitz, Village Planner GENERAL CASEFILE INFORMATION Case Number 99.25 Commission Meeting Date September 21, 1999 Petitioner Mayor Richard A. Kwasneski and Board of Trustees, Village of Lemont Request(s) 1) Text amendments to Section XVIII -F, Section XVIII -H -3, & Section XVBI -J -3 of the Zoning Ordinance. 2) Text amendment to Section III -A, and Section II-B of the Subdivision Ordinance. Location N/A Parcel Number(s) N/A Size N/A Street Frontage(s) N/A Current Zoning N/A Contiguous Zoning & N/A Land Use Exhibits 1) Current & Proposed Text for Section XVIII-F, Section XVHI-H-3, & Section XVIII-J -3 of the Zoning Ordinance. 2) Current & Proposed Text for Section III -A and Section II -B of the Subdivision Ordinance. PROPOSAL Staff was directed by the Village Board at the June Committee of the Whole meeting to review the specific procedures that are followed in processing an application under the Zoning and Subdivision Ordinances. Staff has reviewed the current text in both documents and is proposing the changes shown on the attached exhibits: text deletions are indicated with a strike- through, and text additions are indicated in bold text. STAFF RECOMMENDATION The Staff's Recommendation may be based on the following elements and considerations: the Comprehensive plan, Illinois Zoning and Planning Statutes, Case Law, the Zoning Ordinance, other applicable village ordinances, input from various village departments and personnel, and professional expertise and knowledge of urban planning practices and principles. It has not incorporated public and/or expert testimony or new and better information presented during public hearings/proceedings on the petition. The Staff's Recommendation is subject to change and modification and should not be construed to be final and irrevocable. The proposed amendments would reflect the current and past (since approx. 1991) procedure for the processing of applications. Changing this procedure to reflect a strict interpretation of the current provisions of the zoning ordinance governing application procedures, would add unnecessary delays (up to a month at least) to each petition making its way through the public process. In the opinion of Staff, such a policy would not serve the public interest and would lengthen a process that at present takes an average of 2-4 months to complete. Also, the proposed amendments would not affect the substantial petition review time already allotted to both the Planning & Zoning Commission and Village Board - 60 and 90 days respectively. Staff recommends approval of the proposed text amendments.