O-953-96 02/12/96t JS
96240379
A
VILLAGE OF LEMONT
ORDINANCE NO. /53
• DEPT. -Di RECORDING $41 „ '.
• Tt7777 IRAN 0141 03/29/96 10:1 5:00
• h217 SK E--- 96--2= n_,.�_'" r ".:'
. COOK COUNTY RECORDER
AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF
LEMONT AND APPROVING A PLANNED UNIT DEVELOPMENT KNOWN AS
JEWEL /OSCO SHOPPING CENTER
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This Att-
day of ,f-G%Z e-e-e , 1996.
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 /02 t&,
day .of„re2cc emu/, , 1996.
PIN 22 -32- 107 - 001;002;003;004;009;010;011;
22 -32- 108 -009;
ORDINANCE NO. 153
AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF
LEMONT AND APPROVING A PLANNED UNIT DEVELOPMENT KNOWN AS
JEWEL /OSCO SHOPPING CENTER
WHEREAS, American Stores Properties, Inc., hereinafter
referred to as "the Petitioner ", is the owner of an approximately
18 acre parcel, hereinafter referred to as "the subject property ",
located on the southwest corner of 127th Street and State Street,
east of Emerald Drive and generally north of Munster Road in
Lemont, Illinois and legally described in Exhibit "A ".
WHEREAS, the Petitioner made application under the provisions
of the Lemont Zoning Ordinance for a Commercial Planned Unit
Development to be known as JEWEL /OSCO SHOPPING CENTER; and
WHEREAS, the Planning and Zoning Commission of the Village of
Lemont, Illinois (the "Village ") did heretofore conduct a Public
Hearing on November 21, 1995 and December 5, 1995 and
subsequently recommended approval on December 19, 1995 of a
Commercial Planned Development known as JEWEL /OSCO SHOPPING CENTER;
and
WHEREAS, a notice of the aforesaid Public Hearing was made in
the manner provided by law and was published in the Lemont Reporter
Progress, a newspaper of general circulation within the Village;
and
WHEREAS, the Village of Lemont Board of Trustees, after a
public hearing as required by law, approved an annexation agreement
between the Village and the owner of the subject property, which
agreement requires the Village of Lemont to adopt a Planned Unit
Development Ordinance as described herein; and
WHEREAS, the President and Board of Trustees of the Village
have determined that the best interests of the Village will be
served by the adoption of a Planned Unit Development ordinance as
described herein; and
WHEREAS, the President and Board of Trustees of the Village
approve the development of the subject property as a Planned Unit
Development pursuant to ILCS (1994) 65 5/7 -1 -8.
2
tO
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: Zoning Map Amendment from B -1 Neighborhood Shopping and
R -3 Single- family Detached Residence District to B -3 Commercial
District.The Village of Lemont Zoning Map is amended from B -1
Neighborhood Shopping and R -3 Single- family Detached Residence
District to B -3 Commercial District for Parcel 2 and 3
respectively.
SECTION 2: Zoning District Change and Variation.A special use
permit for a Commercial Planned Development is hereby granted for
the use of the entire subject property as a Shopping Center. Said
commercial planned development shall be subject to conditions
specified herein.
SECTION 3: Permitted Uses, Including Use Exceptions.
Uses listed in the B -3 Commercial District shall be permitted by
right in the commercial planned development, provided that all
other requirements of Village of Lemont ordinances and this
ordinance are met except as otherwise provided herein in Exhibit
"8"
SECTION 4: Special Uses, Including Use Exceptions. Uses listed in
the B -3 Commercial District as Special Uses shall be permitted only
by special use permit, in accordance with Section XII -I of the
Lemont Zoning Ordinance.
SECTION 5: Conditions of Approval. The development shall be
subject to the conditions as stated in Exhibit "B ".
3
THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE, APPROVAL AND PUBLICATION IN A MANNER PROVIDED BY
LAW.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUN IE OF COOK, DUPAGE AND WILL, ILLINOIS,
ON THIS /l DAY OF 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
R c,k k12i e s k (
Approved by me this
AYES NAYS PASSED ABSENT
1-
SMOLLEN, Village Clerk
Planning Department
Village of Lemont
418 Main Street
Lemont, Illinois 60439
K A NCI, Village President
PIN 22 -32- 107 - 001;002;003;004;009;010;011;
22 -32- 108 -009;
4
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel No. 1: Outlot "C" in Emerald Acres, a subdivision of part
of Lots 17, 18 and 20 in County Clerk's Division of
Section 32, Township 37 North, Range 11, East of
the Third Principal Meridian, in Lemont Township,
Cook County, Illinois (Planned Commercial within B-
3 Commercial District)
Parcel No. 2: Outlot "B" (excepting therefrom the southerly 150
feet as measured along the westerly line) in
Emerald Acres, a subdivision of part of Lots 17, 18
and 20 in County Clerk's Division of Section 32,
Township 37 North, Range 11, East of the Third
Principal Meridian, in Lemont Township, Cook
County, Illinois (rezoned from B -1 Neighborhood
Shopping District to B -3 Commercial District and
Planned Commercial District)
Parcel No. 3: Lots 32, 33, 34, 35 and 36, inclusive, in Emerald
Acres, a subdivision of part of Lots 17, 18 and 20
in County Clerk's Division of Section 32, Township
37 North, Range 11, East of the Third Principal
Meridian, in Lemont Township, Cook County, Illinois
(rezoned from R -3 Single Family District to B -3
Commercial District and Planned Commercial
District)
A SP1
a resubdivision of
0C7 LOT '8' (EXCEPTING MIPSFROM 7•G S007 RLY ISO FEET .42 :"A t sD I I
ALC.VG T STERLY LINE) o6TL0r 'C' (EXCEPTING T1P ?3.F.2 THAI' PART ,
CC,' /iY37 3 TICE STATE OF ILLINOIS 3Y 0CCC'.OE'T N0. 93701635) IT LOTS 32. 1 '
33. 34. 3E .L10 36. INCLUSIVE t.( EX :.?...40, ACRES, .4 SCBDIViSiON OF PART I I
OF L07 1T, 18 4..'D 20. IN COC7,TY CLc. °_t'S DfYISIOY OF 22C7!OIY 32, ,
rCroii? 37 NORTH. RAE 11 2337 OF 17'2 TRIPS PRINCIPAL Id:PALLY, ,
1i1 LE:10.7 TO0NSS1 ?. IN COOK COOT r, ILLINOIS. I /.
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EXHIBIT "B"
1. The development shall substantially conform to the Plat of
ASPI Resubdivision, by Sargeant Engineering Company, Ltd.,
last revised 11/15/95, the Preliminary Site Plan, by A.
Epstein and Sons, International, dated 11/15/95, last revised
2/12/96, the Landscape Plan, by Webster, McGrath & Ahlberg,
Ltd., dated 10/1/96, last revised 2/12/96, the Architectural
Elevations, by Camburas and Theodore, Ltd., (Sheets A -1, A -la,
and A -2, dated 9/28/95, the Photometric Study and Catalogue
Cut of Lighting Standard, by Cooper Lighting /A. Epstein and
Sons, dated 11/8/95, the Monument Sign Drawing by Camburas and
Theodore, Ltd., dated 2/7/96, except as such plans may be
changed to conform to Village Codes and Ordinances and the
conditions below.
2. Cross - access and parking easements between the lots shall be
provided in the ASPI Plat of Resubdivision and any future
declaration to be recorded on the property.
3. The ownership and maintenance of the stormwater detention lots
including the payment of real estate taxes thereon, shall be
the responsibility of the owner(s) of the Territory. The
Village of Lemont shall have the right, but not the
responsibility to perform maintenance on the detention areas,
in which case the Village shall be reimbursed such costs by
the owner(s) thereof.
4. The issue regarding vacation of the 40 foot building line and
the detention area on the proposed Lot 3 shall be clarified
prior to recording the Plat.
5. A Plat of Vacation for the existing utility easements on the
Territory shall be submitted by ASPI and approved by the
Village prior to the final approval of the ASPI Plat of
Resubdivision.
6. All utility companies and all signature blocks shall be
completed on the final plat prior to review and approval of
same by the Village Board.
7. The total permitted signage for the development shall be 2,200
square feet in area. This signage shall be divided between
all tenants in the shopping center. The approved signage area
may be divided between all tenants and users in the
development within the Territory and shall include both
attached and freestanding signage. Freestanding signage shall
be a maximum of 15 feet high, with a minimum setback from the
property line of five (5) feet.
8. Parking required to be provided on the site shall be based on
one (1) space for each 200 square feet of commercial building
space. All parking spaces shall be a minimum of none (9) feet
wide by 18 feet deep.
9. A permit from the Army Corps of Engineers to permit filling of
the wetland areas on site shall be submitted prior to issuance
of any building permits for the project.
10. The main access driveway shall have a depth of 60 feet between
State Street, as measured from the face of the curb of the
street and the closest cross access aisle.
11. A revised photometric diagram and lighting standards
indicating foot candles at all property lines and types of
lighting fixtures to be utilized, shall be submitted for
review by the Village Administration prior to final plat
approval by the Village Board. Parking lot standards shall be
a maximum of 30 feet in height.
12. Engineering plans, including grading and utility plans shall
be reviewed and approved by the Village Engineer prior to
recording the ASPI Plat of Resubdivision.
13. Dumpster enclosure locations shall be indicated on the final
site plans prior to issuance of building permits.
14. The development on Lots 3 and 4 (the outlots) shall be subject
to the following:
a. The review and approval by the Village Administration to
ensure the development quality is consistent with the
Planned Commercial Development
b. Both parcels are permitted to have drive - through
facilities provided that stacking room on site shall be
sufficient to accommodate all vehicles on site as
determined by the Village Administration.
c. Any access drive onto Emerald Drive from Lot 4 shall be
located far enough north to be aligned with the vacant
parcel across the street on the southwest corner of
Emerald Drive and 127th Street. Further, if required by
the Village, said access drive shall be designated as "no
left turn" and /or other traffic control improvements such
as a "pork chop" shall be incorporated into the design of
said access.
d. There shall be no more than one (1) fast food restaurant
use, which can be on either Lot 3 or Lot 4.
e. Prior to the development of the outlots, they shall be
graded, seeded and otherwise kept in a presentable
condition until developed.
15. The Jewel /Osco store within the Planned Commercial Development
shall be permitted to haver "outdoor sales and storage areas
consistent with those customarily conducted at Jewel /Osco
stores. Outdoor sales and storage areas shall be permitted by
other users within the development after review and approval
by the Village Administration.
16. An attempt shall be made to preserve trees on the Territory
where possible. If preservation is not possible, trees
currently located on proposed detention areas and green spaces
shall be replaced with a number of trees such that the caliper
inches planted equals that which is lost with the tree
removal.
17. With regard to the screening of the four (4) residential lots
adjacent to the west side of the development (rear of
Jewel /Osco and shops), the following shall apply:
a. As shown on the Section Drawing referenced in number 1
above, the acoustical wood screening fence shall be
twelve (12) feet in height adjacent to the northerly two
(2) lots, and six (6) feet in height adjacent to the
southerly two (2) lots.
b. ASPI shall, at the time it secures its building permit
for the construction of the Jewel /Osco store, deposit
with the Village the sum of $40,000.00 to provide a
landscape fund of $10,000.00 for each of the four (4)
lots adjacent to the west property line in order to allow
said property owners to landscape the respective east
property lines of said lots. The qualifications and
process for the distribution of said funds to the four
(4) lot owners shall be established by the Village
Administration. Upon deposit of the landscape funds with
the Village, ASPI shall have no further obligations in
connection therewith. In the event that all or any
portion of said landscape fund has not been distributed
by the Village to the four (4) lot owners within 24
months following the opening of the Jewel /Osco store,
such undistributed finds shall be returned by the Village
to ASPI.
18. Staff shall work with ASPI to enhance building design
features, monument signage and light fixtures and lighting
appearance. ASPI shall provide outdoor seating areas within
the development, integrate coach lights into the walkway in
front of the additional shops area and including minor
limestone elements into the architectural plans for the
buildings.
19. Deliveries to the Jewel /Osco store shall be subject to the
following conditions:
a. ASPI will require that truck motors be shut -off during
deliveries. Additionally, signs will be posted at the
appropriate delivery areas to advise the drivers of the
motor shut -off requirement.
b. Between the hours of midnight and 6:00 AM there shall be
no deliveries except for Jewel /Osco trucks, which shall
be limited to no more than two (2) such deliveries during
that period each day, and no overnight parking of trucks,
except in the Jewel /Osco service docks, shall be allowed.
20. The following permitted uses within the Village's B -3
Commercial District shall be deemed to be Special Uses and,
therefore, shall not be allowed as a use within the
development unless ASPI applies for and secures a Special Use
permit in accordance with the requirements and procedures
therefore in the Village Zoning Ordinance:
Automobile Sales Establishments
Boat Sales and Service Establishments.
Garages, Storage or Off- Street Parking Lots
Greenhouses, Garden Centers and Nurseries
Mobile Homes and Trailer Sales Establishments
Model Homes or Garage Display and Sales
Motels and Hotels
Motor Vehicle Sales Establishments
Parks, Athletic Fields and Stadiums
Taverns
21. Roadway improvements to be made by ASPI to Munster and Emerald
Drives within eight (8) months after the opening of the
Jewel /Osco store for business shall include:
a. Full road improvement, including curb, gutter and storm
water improvements, from State Street west to the
shopping center access drive on Munster Road and from
127th Street south to the access drive on Lot 3 on
Emerald Drive.
b. Reconstruction of the Munster and Emerald Drive pavement
only to its current width, as per the street improvements
section agreed to by ASPI and the Village indicated on
the Site Plan, from the shopping center access drive on
Munster Road west to Emerald Drive and north on Emerald
Drive to the Lot 3 access drive.
Provided further, however, that ASPI's obligation to construct
that part of the improvements to Munster Road and Emerald
Drive shall be contingent upon the following:
a. Approval of the Lemont Township Highway Commissioner to
construct that part of the improvements to Munster Road
and Emerald Drive not within the corporate limits of the
Village of Lemont.
b. The roadway improvements shall be as per the street
improvement section agreed to by ASPI and the Village
indicated on the Site Plan. Therefore, should the Lemont
Township Highway Commissioner require a different roadway
construction than agreed to by the Village and ASPI, ASPI
shall have no obligation to improve Munster Road and
Emerald Drive in that portion of said streets within the
jurisdiction of the Lemont Township Highway Commission.
22. All site landscaping as required pursuant to the Landscape
Plan shall be completed no later than eight (8) months after
the Jewel /Osco store opens for business.