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O-13-11 Ord Readopting Ord Rezoning SW Corner McCarthy & BellVILLAGE OF LEMONT ORDINANCE NO. 0.6-1\ AN ORDINANCE READOPTING 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 14th DAY OF FEBRUARY, 2011 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 14th day of February, 2011. ORDINANCE NO0 —13 —/ / AN ORDINANCE RADOPTING 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, Lemont Retail 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 "; and WHEREAS, the President and Board of Trustees adopted ordinance 0- 75 -10, approving the requested zoning map amendment on October 25th, 2010; and WHERAS, ordinance 0 -75 -10 contains an inaccurate legal description of the subject property. 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: Rescinding of 0- 75 -10. That ordinance 0- 75 -10, adopted by the Village of Lemont on October 25th, 2010 is hereby rescinded in its entirety. SECTION 2: 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 3 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 14th day of February, 2011. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio Attest: AYES NAYS ABSENT ABSTAIN V - Approved by me this 14th day of February, 2011 1/ . REAVES, Village President CHARLENE M. SMOLLEN, Village Clerk Exhibit A AA1e9°Sa'o:. ,`, P.c. PLAT OF ANNEXATION TO THE VILLAGE OF LEMONT pp���� �L LEGAL ppDDnESCRIPTION: u 0021 u IAI00 COW TfI. u04Oe Of F IKSCRB[Ox Tg6001 0uaud T E,xE f0 TNER L a'iOIIRT ,! 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AP.w w 00 26T11 w, JANUARY. 2011 LINOS (IRmse E0r.LMamlDom Rommtne 200) Dm. Prem.. D7777. em, TD7-0MMD 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.