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O-08-12 Ord Architectural Revisions at Bella Strada Town Houses 663 Talcott St.VILLAGE OF L ONT ORDINANCE NO AN ORDINANCE APPROVING A SPECIAL USE FOR ARCHITECTURAL REVISIONS TO THE BELLA STRADA TOWN HOUSE DEVELOPMENT AT 663 TALCOTT STREET IN LEMONT, IL (Bella Strada Revisions) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 27TH DAY OF FEBRUARY, 2012 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 27th day of February, 2012 ORDINANCE NOD- ' 1a AN ORDINANCE APPROVING A SPECIAL USE FOR ARCHITECTURAL REVISIONS TO THE BELLA STRADA TOWN HOUSE DEVELOPMENT AT 663 TALCOTT STREET IN LEMONT, IL (Bella Strada Revisions) WHEREAS, Mr. Anthony Hegarty, hereinafter referred to as the "Petitioner," is the contract purchaser of property approximately 300 x 180 feet and located at 663 Talcott Street, hereinafter referred to as "the subject property," and legally described in the Deed in Lieu of Foreclosure, attached hereto as Exhibit "A "; and WHEREAS, the Petitioner is seeking a special use to allow construction of three new townhouse buildings on existing foundations on the subject property; and WHEREAS, pursuant to the development regulations of the Village, the Village Board of Trustees of the Village of Lemont, Illinois conducted a public hearing on February 27, 2012, for approval of the special use; 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 have reviewed the matter herein and have determined that the same is in the best interest of the Village of Lemont, and adopt the findings of fact 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: Special Use Approval. A special use is granted to allow construction of three town house buildings consistent with the architectural elevations attached hereto and made a part hereof as Exhibit "C" and the architectural plans attached hereto and made a part hereof as Exhibit "D." SECTION 2: Conditions of Approval. The above special use is approved subject to the townhouse buildings being built on the existing foundations on the subject property. SECTION 3: 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 4: 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 27th day of February, 2012. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio Attest: AYE NAYS ABSENT ABSTAIN Approviriy me this 27"' d ebruary, 2012 BRIAN K. REAVES, Village President CHARLENE M. SMOLLEN, Village Clerk t-4 -1 aysot DEED IN LIEU H H OF FORECLOSURE Q1T' /A5r3r ten& -0 BELLA STRADA, LLC, an 11inois limited liability company, whose address is 1317 Oak Ave., Village of Lemont, County of Cook, State of Illinois (Grantor) In consideration of Ten and no/100 DOLLARS, and PALOS BANK AND TRUST COMPANY, an Illinois banking corporation, whose address is 12600 S. Harlem Ave., of City of Palos Heights, County of Cook, State of Illinois, (Grantee), Doe: 1023810018 Fee: $40.00 Eugene 'Gene' Moore RHSP fee :810.00 Cook County Recorder of Deeds Date: 08128/201011:37 AM 4g: 1 013 Doc#: 1121633083 Fee: $42.00 Eugene 'Gene" Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 08/03 /2011 11:03 AM Pg: 1 of 4 and the release of Grantor from personal lability for a money judgment or deficiency judgment under that certain fast mortgage note (Note) executed on September 19, 2006, In the principal sum of $4, 634, 000.00, that certain Mortgage securing said Note bearing even date thereof and recorded on September 28, 2006 as Document No. 0627146118 In the Cook County Recorders office, and Records (Mortgage) and other 'Security Documents" , and for other good and valuable consideration in hand paid, the adequacy and sufficiency of which are hereby acknowledged, goes hereby sell, grant, and convey to Grantee the real properly legally described as Mows: AND r-o'r a t LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19 AND 20, BOTH INCLUSIVE OF BELLA STRADA SUBDMSION BEING A RESUBDIVISION OF LOTS 1, 2 AND 3 IN SENFFNER SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDE9,JUNE 23, 2008 AS DOCUMENT NUMBER 0817518065, IN COOK COUNTY, ILLINOIS. P.I.N. umber. 22-20-407-005-0000; 2220-407- 0060000; 22.20. 407. 007-0000. COMMONLY KNOWN AS: 605 through 683 Talcott, Lemont, IL 60439 Together with all improvements thereon and easements and appurtenances thereto, subject only to the lien of the Mortgage and other Security Documents (collectively, Grantee's Loan Documents), unpaid real estate taxes, easements, restrictions, and other matters of record, matters disclosed by a current survey of the real property and the improvements thereon, and the rights of parties in This Warranty Deed is an absolute conveyance and grant of all of Grantor's right, title, and interest in the above-described real property and Improvements thereon and easements and appurtenances thereto and is not intended as a mortgage, trust conveyance, or security of any kind, Grantor having sold, granted, and conveyed the above-described real property and al improvements thereon and easements and appurtenances thereto to Grantee for a fair and adequate consideration. Grantor further declares that (a) this conveyance Is freely and fairly made, executed and delivered and with the advice, or opportunity for advice, of legal counsel of Grantor's selection, (b) that them are no agreements, oral or written, other than this Trustee's Deed with respect to the above - described real property and a8 Improvements thereon and easements and appurtenances thereto described above, and (c) that fair and adequate consideration has been given for Grantor's waiver of all redemption and cure rights permitted by saw. ,f 'r pis Peter» is PienNv RE— REC.oRDE41 7b `oeeeT 19A4 Desce i P'nonl P S. BOX 334 critcf4 1121533063 Page: 2 of 4 1023810016 Page: 2 of 3 , Grantor and Grantee state that It is their express intention that the fee Interest herein granted in the above-described real property and all hnprovements thereon and easements and appurtenances thereto conveyed pursuant to this Warranty Deed shall not merge with cr extinguish the hen d Grantees Loan Documents, or the interests of Grantee of its successors or assigns thereunder, but WI be and refrain at all times separate add dish, and that the above - described real property conveyed= and all improvements thereon and easements and appurtenances thereto conveyed pursuant hereto shall remain subject to Grantee's Loan Documents, and Grantee's Loan Documents shall remain in full force and effect now and hereafter until and unless the above - described real property and all improvements thereon and easements and appurtenances thereto shall be sold at a foreclosure sale or the ben of Grantee's Loan Documents shall be discharged by Grantee through a recorded written instrument The execution and delivery of this Warranty Deed is and shill be construed as Grantees release of Grantor from any personal liability; provided, however, that the acceptance by Grantee of this Warranty Deed shall not prejudice, limit, restrict, or affect Grantee's or its successors' and assigns' claims of priority under Grantee's Loan Documents over any other liens, charges, dakns, or encumbrances of any kind whatsoever, or the validity and enforceability of Grantee's Loan Documents except as set forth herein. This Warranty Deed is executed by Grantor, pursuant to and in the exercise of the power and authority granted to and vested in it by the terms of a Deed and of every other power and authority thereunto enabling deeds andlor mortgages upon said real estate, if any, recorded or registered in said county. (This deed is given in lieu of l g foreclosure proceedings, no declaration of v or transfer tax required.) DATED this / day of a r , 2010 semi I SS WHEREOF, said Grantor has caused its corporate seal to be hereto affixed, and has caused Its name to be signed by . its and attested by Its this day of , 20 IMPRESS CORPORATE SEAL HERE STATE OF ILLINOIS COUNTY OF COOK Attest: BELLA STRADA, LLC n iv al I, the undersigned, a Notary Public In and fa the County and State aforesaid, DO HEREBY CERTIFY, that Y ei n .l [rf (j10,/ personaIly known to me to be the enemy r' of BELL4 STRADA, LLC, and MO111314'5 personally known to me to be the same persons whose names are subscribed to the foregoing irgrwnent, appeared before me this day in person, and severally acknowledged that they signed and delivered the said instrument as .: 'R rfk and of said limited lability company, and caused the corporate seal of said lhrrted rrabibty company to be affixed thereto, as their free and voluntary acts, and as the free and vohntary act of said Ihrated lability company, for the uses and purposes therein set forth. Given under my hand and official seat, this J . Commission expires 4/10//3 This instrument was prepared by Thomas A. Brown, MAIL TO: Thomas A. Brown 12600 S. Harlem Ave., Suite 202 Palos Heights, IL 60463 2QJL Notary 12600 S. Harlem Ave., Suite 202, Palos Heights, IL 60463 SEND SUBSEQUENT TAX BILLS TO: Palos Bank and Trust Company 12600 S. Harlem Ave. Palos Heights, IL 60463 v 1121533063 Page: 3 of 4 1023810016 Page: 3 of 3 STATEMENT BY GRANTOR AND GRANTEE The grantor or his agent affirms that, to the best of his knowledge, the name of the grantee shown on the deed or assignment of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business of acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and bold title to real estate under the laws of the State of Illinois. Dated 24-14— ((; , Signature. +;: • ¢_ __.,... r Subscribed and sworn to(before me by the said this ,90 i 0 Grantor or Agent The grant or his agent affirms and verifies that the name of the grantee shown on the deed or assignmen of beneficial interest in a land trust is either a natural person, an Illinois corporation or foreign corporation authorized to do business or acquire and hold title to real estate in Illinois, a partnership authorized to do business or acquire and hold title to real estate in Illinois, or other entity recognized as a person and authorized to do business or acquire and hold title to real estate under the laws of the State of Illinois. Dated! I ~ 1 Signature. Subscribed and sworn to before me by the said 020/0 Grantee ent emus saldX3 uorssiwulon �w etas W otata'ongnd NolQN olozmad 'W VOMI .TraS TVt�ri. o. NOTE: Any P rsons who knowingly submits a false statement concerning the identity of a grantee shall be guilty of a Class C misdemeanor for the first offense and of a Class A misdemeanor for subsequent offenses. {Attach to deed of ABI to be recorded in Cook County, Illinois, if exempt under provisions of Section 4 of the Illinois Real Estate Tranfer Tax Act.) NM= 12/W t8 1121533063 Page: 4 of 4 COOK COUNTY RECORDER OF DEEDS SCANNED BY '41 I CERTO THAI 116 IS A TRUE AtIll CGRRECT CO OF inCt,' Tf:" -1- HAY 26 11 R;V:IIIIIR OF DEW; couPitv FINDINGS OF FACT for AN ORDINANCE APPROVING A SPECIAL USE FOR ARCHITECTURAL REVISIONS TO THE BELLA STRADA TOWN HOUSE DEVELOPMENT AT 663 TALCOTT STREET IN LEMONT, IL (Bella Strada Revisions) 1. The town homes proposed for 663 Talcott Street in Lemont are deemed necessary for the public convenience; and 2. The town homes proposed for 663 Talcott Street in Lemont are so designed and proposed that the public health, safety and welfare will be protected; and 3. The town homes proposed for 663 Talcott Street in Lemont will not cause substantial injury to the value of other property in the neighborhood in which they are to be located; and 4. The town homes proposed for 663 Talcott Street in Lemont are consistent with the Lemont Comprehensive Plan of 2002, standards for design and zoning as contained within the Lemont Unified Development Ordinance of 2008, as amended. # # ##I aM 1 FIRST FLOOR 0 N 0 SECOND FLOOR 1 1 0 I CV N 1( 4 '.O O N rti O K1 TO: FROM: THRU SUBJECT: Village of Lemont Planning & Economic Development Department 418 Main Street Lemont, Illinois 60439 phone 630 - 257 -1595 fax 630 - 257 -1598 Mayor Brian K. Reaves #19-12 Village Board of Trustees James A. Brown, Planning & Economic Development Director Public Hearing and Special Use Ordinance for Case 12 -03, Bella Strada Revisions DATE: 20 February 2012 Summary There are two agenda items for the Village Board: conduct a public hearing for a special use application for revisions to the Bella Strada town house development and —if the Board so chooses —vote on a special use ordinance approving the request. PROPOSAL INFORMATION Case No. Project Name 12 -03 Bella Strada Revisions Applicant Agent Representing Applicant Status of Applicant Tony Hegarty Andrea Crowley, Griffin & Gallagher, LLC Contract purchaser Requested Actions: Approve special use with new elevations and building plans Site Location 663 Talcott Street Existing Zoning Lemont DD Downtown District Size Approximately 300 x 180 feet Existing Land Use Residential (town house) Surrounding Land Use /Zoning Comprehensive Plan 2002 Zoning History North: Recreational / DD zoning South: Commercial / DD zoning East: Vacant / R -4 zoning West: Residential / DD zoning The Comprehensive Plan calls increased residential uses in the downtown area. See discussion below in "Background" section 1 Public Utilities The site is serviced by Village water and sewer. -Transportation N/A Physical Characteristics The site is relatively flat and adjacent to the l&M Canal Bacground In August 2005 the Village amended its zoning regulations to create the DD Downtown zoning district. The DD district provisions were touted as a "form -based code." The new provisions contained a unique approval process: (1) the community development director would verify adherence to architectural standards in the code; (2) a "downtown architect" would verify adherence to architectural standards in the code; and (3) the Village Board would verify adherence to architectural standards in the code. There were no requirements for discretionary review before either the PZC or Village Board, i.e. it was not a special use and did not require a public hearing. The omission of a review by the PZC was intended, in part, to expedite the approval process. Only two projects in the downtown were approved in accordance with these provisions: the Lofts and Bella Strada. When the Village updated its zoning regulations and created the Unified Development Ordinance (2006- 2008), the approval provisions for the DD district were changed. Thresholds for special use approval were inserted. These thresholds have been modified once through amendment. Now the code requires that any construction adjacent to the I &M Canal or reserve strip be approved as a special use. Additionally, the public hearing for a special use (as required by state law) is to be held by the Village Board rather than the PZC. This provision was to honor the original intention of expediting the approval process. The Village Board approved the Bella Strada townhouse project per resolution (not a special use ordinance) in May 2006. The first of four buildings was completed and the units are now occupied. The project and construction of the other three buildings stalled after the installation of the buildings' foundations. Outstanding fees for the foundations total $78,483. The financial institution that owns the property has sought to market it, and staff has been approached by several potential buyers over the last year or so. Concerns over the project's costly architecture have been raised by every interested party. The Application Andrea Crowley of Griffin & Gallagher, LLC, on behalf of local builder Tony Hegarty, has applied for changes to the plan approved in 2006. Mr. Hegarty is the contract purchaser of the Bella Strada property. These changes would alter the elevations of the building and result in dwelling units approximately 1,800 square feet in size. A project summary, provided by the applicant, is attached. Also attached are other portions of the application: color rendition of the exterior and architectural plans. The Committee of the Whole viewed these same two documents at its January meeting. 2 The Public Hearing The Bella Strada townhouse project In accordance with the Lemont Unified Development Ordinance of 2008, as amended, the Village Board shall conduct public hearings for special use requests where the property is in the DD zoning district. Please see the findings of fact listed in the attached ordinance. The Special Use Ordinance Since this is a relatively simple case, I have prepared a special use ordinance for approval. If the Village Board so deems, it may vote on the ordinance following the closing of the public hearing. The attached ordinance includes findings of fact. Alternatively, the Board could postpone such a vote pending clarification of any issues raised at the public hearing. Attachments 1. Project summary provided by applicant 2. Special use ordinance with color rendition and architectural plans as exhibits 3 Project Summary The Bella Strada Townhome Project consists of four townhome buildings of 5 units each. The project was begun in 2005 and one of the buildings was completed and is now occupied. The remaining foundations were installed but the project was never completed. Subsequently the financial institution that held the lien on the project reclaimed it from the developer and has entered into a contract with the Petitioner to sell the remaining three five -unit building of the project. The Petitioner seeks to complete the project using the existing foundations. He proposes to construct the remaining 15 townhome units and is seeking minor amendments to allow for a decrease in the size of the units to approximately 1800 square feet and to allow for the use of siding on the second story of the units. These modifications of the requirements are necessary in light of current trends in the real estate market. In the event modifications to the architectural requirements and material requirements are not made completion of the project is cost prohibitive in the current market. Since the project was approved in 2005 there have been significant changes in the real estate market that dictate the necessity for the modifications sought. Despite the technical modifications the newly constructed units will be largely compatible and in conformance with the existing units and overall development.