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O-75-10 Ord. Zoning B-3 SW Corner McCarthy & BellVILLAGE OF LEMONT, ORDINANCE NO. 0 750 AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT FROM R -1 SINGLE - FAMILY DETACHED RESIDENTIAL DISTRICT TO B -3 ARTERIAL COMMERCIAL DISTRICT AT THE SOUTHWEST CORNER OF THE INTERSECTION OF McCARTHY ROAD & BELL ROAD IN LEMONT, IL (Preferred Development) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 25th DAY OF OCTOBER, 2010 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 256 day of October, 2010. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT FROM R -1 SINGLE - FAMILY DETACHED RESIDENTIAL DISTRICT TO B -3 ARTERIAL COMMERCIAL DISTRICT AT THE SOUTHWEST CORNER OF THE INTERSECTION OF McCARTHY ROAD & BELL ROAD IN LEMONT, IL (Preferred Development) 'WHEREAS, Preferred - Palos, LLC, hereinafter referred to as the "Petitioner," is the owner of property covering approximately 8.7 acres located at the southwest corner of the intersection of McCarthy Road and Bell Road (PIN# 22 -26- 401 - 032 -000) hereinafter referred to as "the subject property," and legally described and depicted in Exhibit "A "; and WHEREAS, the Petitioner applied under the provisions of the Village of Lemont Unified Development Ordinance, Ordinance # 0 -7 -08, as amended, to rezone the subject property to the B -3 Arterial Commercial zoning district from the R -1 Single Family Detached Residential zoning district; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a public hearing on September 15, 2010 for the rezoning request; 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 President and Board of Trustees of the Village has reviewed the matter herein and has determined that the zoning map amendment is . in the best interest of the Village of Lemont, and herein adopts the finding of facts as set forth in Exhibit `B ". 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 Approval. That the subject property described above is hereby rezoned from its current R -1 Single Family Detached Residential zoning district to the B -3 Arterial Commercial zoning district. The zoning map of the Village of Lemont is hereby amended in accordance with the provisions of this Ordinance. SECTION 2 Publication: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 3 Effective Date: That this Ordinance shall be in full force and effect from and after its passage, approval and publication 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, 2010. AYES NAYS ABSENT ABSTAIN Debby Blatzer V Paul Chialdikas Clifford Miklos Ron Stapleton V Rick Sniegowski V Jeanette Virgilio Approved by me this 25th day of October, 2010 Attest: K. REAVES, Village President ENE M. SMOLLEN, Village Clerk EXHIBIT A LEGAL DESCRIPTION A lract of Uand lathe Nbrth 14 Of the East IA (adept the west 260.00 feet thereof) of the Southeast % of Section 26, Township37 North,'Range 11, East of the Third' Principal Meridian, tn- i:liSc County, Illinois., Bounded and described as -foflows:-. '13eginnifig at a Point on the NOrth nne Of the Southeast 44 of sald Section 26, 796.00 feet east Of the Weat line of the West line Of the East '% of said Seption 26, thenbe South along a OOP* le. paratie1 with the saki West Hoe of the. ,East 14 of theSoutheaSt% ot said SeOtiort 26,. a distande of /46.00 feet oast of the West fine of said East 31 of the :Soritheast k'af said SeCtiOn 26; thence south along a lineparallei with the Weat Ithe Of the Etat% of the, Southeast X of Said Section 26 a distance Of:276.00 fe4 thence West along a line parallel to the Southeast to the NorthweSt comer Of Sunhill Subdiyision Unit %El as recorded April 8, 1981, as-Document No. 25638414 in Cols- COuntY, illinolvThence apt along the North lineN prtf Surthill Subdivision Unit #1,,:a distance. of 500 feet to th—e,East ljhe of the Sbutheast 'A of Oeid:SeOtIon 28; thence o h' along saki EaSt line of the SoUtheast Y4 of Said Section 28, a distance-Of710.86 feet to the flortheaSt 06Mer of the Southeast14 of saki section 26,-thenos west:atom: the North fine gf t4e said" Southeast U a _.___4.—., EXHIBIT A ALTA/ACSM LAND TITLE SURVEY SHOWING TOPOGRAPHY 1 rGRAPHIC SCALE LEGAL DESCRIPTION tN rise any sas : Imw; +w9.er a .w i • Nr• pia w•¢ • >tam_ • :- ww..T.ww arm wioa LINEL MIND =M mos KINK peva toe. s SUNHLL LkiT DaaxeJr HUMS MPS e1CNYARNS. we* smaktomaintattgela n n C FICA• Y"rT.R7° eo-d -iw. FLOOD STATTTl0NT _��,,.� .®m.. a.. =taerzreave t, BCIECU.e 9 IXCEPRONE � L.,'°Y°.�°" $ , °&$w°59�• .. W r, per° PAM .e�>i� uo rayi'�Yi. �Y MYMn�Mf N.moN: Ms►'MkapKw l nt s s.My, .m m V }y2.ga��.wg�wwe�ebw ae∎Y .,..�.aWM w t °iiaawS °s mem coos ,Pn t. W as w M.. Pomona ...••••••• wino.. • SAPmerA\AIDAV lexrsnro j . •0 WAIN aw WE PARTY C16'. DV Cp1PASS Land and MoPpkIS 2531 (WO:E Wlx53 MAW. 0011e 100 - Shona cameos too PVC aSa/e20.7090 "a�a° 1. per. INC. 4 a �� _ BY REEKED MISR .oa �e PAao m DA1Ca -6-0(. - - e' - AD' SWC MCCARTHY ROAD& BELL ROAD LEEDOM Snots mama aGU9191 Exhibit B Findings of Fact 1. The requested rezoning is consistent with the intent of the Comprehensive Plan in that it provides commercial space along Bell Road, at the intersection of two arterial roads. Although the requested rezoning deviates from the location of commercial land use proposed in the Comprehensive Plan, this deviation is justified by changes in land use that have taken place along Bell Road since the Comprehensive Plan's adoption in 2002. 2. Sufficient safeguards exist within the Unified Development Ordinance to mitigate any potential incompatibility of commercial use with surrounding residential land uses.