Loading...
O-17-11 Ord Readopting Ord Rezoning NW Corner McCarthy & BellVILLAGE OF LEMONT ORDINANCE NO. - `1 -( I 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 AND R -4 SINGLE - FAMILY DETACHED RESIDENTIAL DISTRICT AT THE NORTHWEST CORNER OF THE INTERSECTION OF McCARTHY ROAD & BELL ROAD IN LEMONT, IL (R/J Rymek & Co.) 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 NOD — I 7 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 AND R -4 SINGLE - FAMILY DETACHED RESIDENTIAL DISTRICT AT THE NORTHWEST CORNER OF THE INTERSECTION OF McCARTHY ROAD & BELL ROAD IN LEMONT, IL (R/J Rymek & Co.) WHEREAS, Finnegan Construction Company, as sole beneficiary under Land Trust No. 00 -2238 dated November 20, 2000, and Cynthia and Gino Martin, as beneficiaries under Land Trust No. 12402 dated January 9, 1990, hereinafter referred to as the "Petitioner," are the owners of property covering approximately 22.67 acres located at the southwest corner of the intersection of McCarthy Road and Bell Road (PINs# 22 -26 -201 -006 and 22 -26 -201 -011) 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 from the R -1 Single Family Detached Residential zoning district to the R -4 Single- Family Detached Residential District, except for approximately 1.72 acres (250 ft. by 300 ft.) immediately adjacent to the intersection, for which the Petitioner requested rezoning to the B -3 Arterial Commercial 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- 79 -10, approving the requested zoning map amendment on October 25th, 2010; and WHEREAS, the contiguity of the subject property to the Village of Lemont is dependent upon the annexation of property located at the southwest corner of the intersection of McCarthy Road and Bell Road and such property was annexed by ordinance 0 -74 -10 on October 25th, 2010; and WHEREAS, Ordinance 0 -74 -10 did not contain an accurate legal description of the property being annexed; and WHEREAS, the property at the southwest corner of the intersection of McCarthy Road and Bell Road was properly re- annexed by Ordinance 0 - -11 on February 14th, 2011; and WHEREAS, the subject property was properly re- annexed by Ordinance 0 -_ -11 on February 14th, 2011. 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- 79 -10. That ordinance 0- 79 -10, adopted by the Village of Lemont on October 25th, 2010 is hereby rescinded in its entirety. 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 R -4 Single - Family Detached Residential District, except for approximately 1.72 acres immediately adjacent to the intersection (depicted on the map attached hereto as Exhibit "C ") which is hereby rezoned 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 14TH DAY OF FEBRUARY, 2011. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio AYES NAYS ABSENT ABSTAIN U V U V Approved by me this 14th day of February, 2011 CHARLENE M. SMOLLEN, Village Clerk REAVES, VillageyPresident Exhibit A AA1.0D Survey Conopony, P.C. S I:P w.°''�D0' it °i H tl PLAT OF ANNEXATION TO THE VILLAGE OF LEMONT LEGAL DESCRIPTIONS: PARCEL 2 ARM 14oa7 M Saw Ta wr MONDE w.. 11 TAn 4 tK A.ro PRwu IEROLAN w COCA ODOM 4140 n MENLO,' 4 sECTw Ea 'MANN n NID A122 INFSL i"o.. 37 NOM mu RAN. 11 EWE or M""Mic) oF PIND AL K ONE � DI CCwM .. LANDS non 1194.1 csmx x. • PER AWNS SIM. 55 NZ 5/7-1-1. IRE a R O' BE O eD'' it OM. WOW 1 AR AM "'�NOAw L w DAYKoe»oRD DIN NOT 000.13:2 ALL OF .00.13:2 x E Or 1077.28' CID 822.28' PARCEL 1 HEREBY ANNEXED 872_20. PARCEL 2 HEREBY ANNEXED m �-- --- - - ----- 455.23' Rx NA NZ WHEW was ..P-t,-' RCA er O r SIMI Cr 104140) ss COUNTY Or coos ) OE TV.. a DE PROPERTY DESCra .ri DERBY cCAAP's'Tm A'""ROTIc PROPERTY TO BE PLATED AS N4CARp rCAO =6Rfx i0R DC USES MO D PURPOSES OEM MOON SET FOR. As OUR ow rnt A. VOLUNTARY ACT DAM MS DAY Or Ern ATE Or 104102) SS COUNTY R _ ) STALE .YOxESAD, CO MOT LUMPY Tlu'nTAxY PUBUC w _ or RESPECTeAY PERSONALLY MOM TO NE TO BE M O SAVE VERSO. WHOSE DOSE.. TO TIE FOREDWK s2TRUENT APPEARED BEFORE a DAS DAY TN PERSON AND A4wpEE0tm THAT TIEY 51480 NO DOWERED DE SAID NSTRWM AS DOR 01. TREE A O YCLWARY ACT . 1. NUS NO RUM. THERON SET STAIE or 10wes) ss cawr. or COOK ) dos D4Y 80 o.r a 16"sTEES OF THE wua alaooxT. CONE COUNT. PALACE Of L.NT LADE PRESOENT ATTEST. PALACE OLERR STATE U4102) SS 04411r Cr C00)0) DE wO0OORATTTEEO AND MADE APART Or wFMIA ADE a LOOM ORM By 1 ORDNANCE NO. BOARD C, CC TRUSTEES SAO MLLADE CR ADOPTED S DA PRE90DD MO DM 2D.. MADE d LEMONT BY. VILLAGE PRESIDENT STATE Cr 11w4s) 4A4 COUNTY CC CCCE) ? SAO COOK Cain. wO6. DO OWN NOM w NAND NO SEAL TRS DAY a A.D. 20 SAY. A7 DOM ARE N DEUNDAENTESUAU T1Ax'* rats. SALES O OR STAR AMY TIM Axo MOOED IN DE MUD. RAT. SEAL Er THE Caws LEAS a COOL Caw.. A OS MS NOTARY RlaTC = O:r a�D �L"' D.. 20_ X PROPERTY ADDRESS fl The Sou)h•eel Corn. and oleo the Northwest Comp of McCarthy Rope @ BNI Rood Lemont, Blinds IScare: 1• - 100' Order Nuneer: 6453 F. Ordered By. 00001011 @ ASSOCIATES CLERK o-mw6 cr a.0xr 7101* - 133.11. 22 -26 -201 - 011 -00W (PARCEL 1) P.00. 22 -26- 201- 006 -0000 (PARCEL 2) CP..m y Di 0.0) .. ATE OF 110004) so. AN 00x04 PN4ne4w urn w T. 00 HEREBY SZV 4180111Eaxr iOD LAYr4i moan or COOS) ANN . TO . DE TIPS INSTR O r TIE A0 4A+ AM Pce TIE RsNOSES 4 RE ORD9 COs T RECORDER'S OROE Or COX COL. ONO4.wms n' a oAYv _ .... _S. AAO WAS REC RDED x BCON K �PU15 W vAGF Cool COwI. RECORDER or DEEDS y,rlp fESSiO, Prepwe0 By Areo Surrey Cw1P00y. P.C. SURVE1'URO *J 1V+.r m me 26TH dey 1 JANUARY. 2011 11111. r^wHeN.. mm irer meDMORio. NO. 320 Exhibit B Findings of Fact 1. The requested commercial 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. 3. The requested residential rezoning is consistent with the land use recommendations of the Comprehensive Plan for the subject site. 4. The requested residential rezoning allows for a land use type (single- family detached residential) that is consistent with the existing land use of surrounding properties. Village of Lemont Planning & Economic Development Departm ent date: 10/25/2010 Case 10 -13 Rezoning Map Legend - Rezoned to B -3 Rezoned to R -4 Parcels Streets SADDLEBROOK LN EXHIBIT C MCCARTHY RD 100 200 300 400 Feet CARRIAGE LN Village of Lemont Planning & Economic Development Department date: 10/25/2010 Case 10-13 Rezoning Map w m Legend Rezoned to B-3 Rezoned to R-4 Parcels Streets