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O-53-08 10-27-2008VILLAGE OF LEMONY ORDINANCE NO. (~ -" -d° AN ORDINANCE GRANTING PRELIMINARY PLAN/PLAT APPROVAL, SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (PUD) AND ZONING MAP AMENDMENT FOR A FOUR LOT RESIDENTIAL SUBDIVISION LOCATED AT 13389 McCARTHY ROAD. (Isla Bella Estates) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY THIS NTH DAY OF ~, 2008 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COOK, WILL AND DUPAGE COUNTIES, ILLINOIS, THIS ~_TH DAY OF (9~, 2008 ORDINANCE NO. AN ORDINANCE GRANTING PRELIMINARY PLAN/PLAT APPROVAL, SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (PUD) AND ZONING MAP AMENDMENT FOR A FOUR LOT RESIDENTIAL SUBDIVISION LOCATED AT 13389 McCARTHY ROAD. (Isla Bella Estates) WHEREAS, IsolaBella Properties, LLC is the owner of the subject property covering approximately 2 acres located at 13389 McCarthy Road (PIN# 22-26-102-003) and legally described in Exhibit A, attached hereto and incorporated herein, and shown on the Plat of Annexation, attached hereto and incorporated herein as Exhibit B; and WHEREAS, the Petitioner made application under the provisions of the Lemont Unified Development Ordinance for preliminary plan/plat approval, special use for a planned unit development and zoning map amendment from Cook County R-3 Single-Family Residence District to Lemont R-4 Single-Family Residential District and Special Use for planned unit development consisting of a four lot residential subdivision; and WHEREAS, the petitioner has submitted a PUD Preliminary Plan/Plat consisting of the following: 1. Preliminary Plat, prepared by Sinnott Engineering, P.C. and dated August 21, 2008, attached hereto and incorporated herein as Exhibit C; and 2. Landscape Plan, prepared by IRG, Ives/Ryan Group, Inc., two pages, last revised on August 19, 2008, attached hereto and incorporated herein as Exhibit D; and 3. Rain Garden Installation and Maintenance Plan, dated October 21, 2008, attached hereto and incorporated herein as Exhibit E. WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in accordance with Lemont Unified Development Ordinance, conducted a public hearing on the petition on May 20, 2008, and voted to recommend approval of the petitioner's request; and WHEREAS, the Village Board of Trustees, having reviewed the petitioner's application, Village staff recommendations, and the record of the public hearing, finds that: 1. The development is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected. 2. The proposed land use is consistent with or complimentary to surrounding land uses and thus will not create substantial injury to the value of nearby properties. 2 3. The proposed development's size is such that it is not anticipated to create excessive demands on Village services or impair the ability of the Village to maintain the peace and provide adequate protection for its citizens. 4. The proposed development is consistent with the Comprehensive Plan land use designation for the area. 5. The proposed development will provide an environmentally sensitive, economically viable, and aesthetically pleasing plan. NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont that the PUD Preliminary Plan/Plat with zoning map amendment to R-4 Single-Family Residential District with special use for planned unit development, four lot residential subdivision is approved with the following conditions: 1. Prior to final plat approval, the landscape plan shall be revised to include parkway trees around Isla Bella Court. 2. Prior to final plat approval, the final engineering plan shall be revised to avoid negative impacts to existing mature oak trees within the McCarthy Road right-of--way. Plans shall be submitted that depict the location of the existing trees in relation to the proposed water main extension along McCarthy Road. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this stn day of C9t,~' , 2008. DEBBY BLATZER PETER COULES CLIFFORD MIKLOS BRIAN REAVES RON STAPLETON JEANNETTE VIRGILIO A~ NAYS ABSENT ABSTAIN // Approved by me this~th day of ~~jp(, 2008 EXHIBIT A LEGAL DESCRIPTION THE SOUTH 348.48 FEET OF THE WEST 250.00' OF THE SOUTHEAST % OF THE NORTHWEST % OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. EXHIBIT B NORTH GRAPHIC SCALE T._~. O to m 30 t8 O PLAT OF ANNEXATION B&G SURVEY CO., INC. 155, EBiNICE ROAD L]WSnrG WNas eo5.T3 WNBS 3: INgANA PROFE551MAL uNO SURM:tV6 BiATE OF IWN015 PROfE890NAL OEBKN fLRM 8134.D05881 ]08-A]J-8]30 p1. ]OB-4)ti9]QS fm, LontlyumtbnerHFCRnFt LEGAL DESCRIPRON: THESOUiH 348A8 FEET Of THE W EST ]SD.ar OF THE SOUDIEAST 11<OF THE NORTHWEST 1lA OF SECTION 1d, TOWNSHIP 3T NORTH. RANGE tt, EAST OFTHE THIRD PRINCIPAL MERIDUW.IN COOK CWMY.ILLINOLS. AREA: ]].110 SQUARE FEET OR I.)]ACRES, MORE OR LESS P.I.N. YL-16fOf0IXi NOTE: ACCORDING TO CHAPTER BS SECTION ]-1-1, THE NEW BOUNOAftY StNLL E%TENO TO THE FAR SIDE OF ANY AWACENT HIGHWAY AND SHALL INCLUDE ALL OF EVERY HIGHWAY WITHIN THE AREAANNE%EO EVEN THWGH NOT INCLUDED IN THE LEGAL DESCflIPTION AB SET FORTH STALE OF LLW06I 58. OWNTY aFD00K1 I, .OWNER OF THE REwLESTATE SIpWNAW THISPUT OFANNLKATpN INTOTHE V WGE OF LEM W T. LOOK C W NIY. I W Nq3. BY: STATE OF IwuDLS 1 SS CWNIY CF I L IpTAm W AND WR awOCdWIY. W rxE 5,ATE NuE(91ASEw sLCTtOmen(sy A=EI UrAER MY N.WO~q'CRMLSEx STATE OF 0.UTAI5) Sd. CWNW OF COOK) rlnswsTauMEWTxwI3ER As FEED PDR RECarowTfe RECORDERS aFF K:E aF cools caarrc, wxoL3W TNls wroF AT acLOac STATE of uwoM I ss. corm aFDDDKI THR:IS TO LERTIFYTMAT I, KEVWMWESTEIMAMP,AN IWNOR PROFESSpLNLLAND SUMEYOR.HM1VE PREPARED THE PLAT SNQVN NEREW FROM E%KSTWG PIATSANO RECORDS Fdi THE PURPOSE OFANA£KATIW TO THE VRIAGE OF LEMONT. DATED THIS~OAV OF A0. EXHIBIT E Rain Garden Installation and Maintenance Plan 10-21-08 Section 1 General 1.01 Description of Work: The Work shall consist of the furnishing, transporting and installation of all seeds, plant and other material to establish a rain garden as set forth in the Rain Garden Plans and Specification generated by IRG and dated Apri130, 2008 ("Plans"). The Work shall also consist ofpost-planting management and any remedial actions required. 1.02 Quality Assurance: The Work shall be performed in a workmanlike manner and according to the Rain Garden and General Notes on the Plans and in compliance with the Village's requirements. Further: a. There will be no substitution of materials, species and quantities unless agreed to by the Village's Ecologist or other consultant ("Village's Consultant"). If a substitution is requested, the Developer shall submit a written request to the Village's Consultant and state the grounds therefore, including the unavailability of the species, change in circumstances and a proposal of the new or substituted species or quantity. The substitution shall not be unreasonably withheld. b. All seeds shall be purchased from reputable suppliers and shall not be mixed prior to installation. c. All plantings shall be purchased from a reputable supplier. d. The Developer shall be required to replace and repair any defective work. e. The Developer shall retain a subcontractor with has experience with the installation of rain gardens or in the restoration, installation and management of natural areas with a minimum of eve (5) year's experience. The Developer shall seek to maintain the same subcontractor for the installation and stewardship. 1.03 Submittals: Developer and/or its subcontractor shall submit to the Village and/or the Village's Consultant the name of the suppliers of the seeds; plantings; and seeding/planting schedule showing the anticipated dates for the seeding and plantings. 1.04 Project Conditions: The grade will be shaped to the elevation shown on the Plans. The topsoil will be free of clods, stones, roots, sticks, rivulets, gullies, crusting and caking. Developer shall notify the Village's Consultant of the completion of the site for seeding/planting and the Village's Consultant shall have the right but not the obligation to inspect the site, which shall not be greater than 48 hours after notification that the site is prepared for seeding/planting. If during the seeding/planting conditions that would be detrimental to plant growth is encountered, the Developer shall notify the Village's Consultant before continuation of the seeding/planting. 1.05 Performance Standards: Per the Plans, the subcontractor shall guarantee the seeding and planting through the installation and until the Project is accepted as complete by the Village Consultant. The Project shall be deemed accepted and complete when: a. By the end of the first full growing season, the planting areas as defined in the Plans shall exhibit nearly complete vegetative cover. There shall be no areas greater than 12" x 12" that are devoid of vegetation; if so, the contractor shall return to install more seed or plants as specified on the Plans. b. By the end of the second full growing season, a minimum of 60% of the species planted shall be alive and apparent. There shall be no areas greater than 6" x 6" that are devoid of vegetation. c. By the end of the third full growing season, a minimum of 85% of the species planted shall be alive and apparent. There shall be no areas greater than 6" x 6" that are devoid of vegetation. If these performance standards are not completed by the end of the third full growing season, the Project shall not be deemed accepted and complete and the Project shall be reinspected by the Village Consultant the following growing season to confirm compliance. Section 2 Products 2.01 All materials shall be from those identified and listed on the Plans. All seeds shall be guaranteed by the subcontractor to be true to name and variety. Seed mixtures shall be proportioned by seed count and seed count percentages. All seeds and plantings shall be installed according to the industry standards and covered in such a manner as to insure adequate protection against damage. Section 3 Installation 3.01 At least twenty (20) days prior to performing the Work, the Developer and/or subcontractor shall notify the Village and/or Village's Consultant and submit a planting schedule. 3.02 The period for planting seed and plantings shall be between April 1 to June 15 or September 15 to October 31 or at any other time approved by Village's Consultant. 3.03 Remove or herbicide with Roundup existing grass, vegetation and turf. Dispose of such material legally off-site. Do not turn over soil. 3.04 Seeded prairie shall NOT receive fertilizer. 3.05 Remove high areas and fill in depressions, remove clumps, clods, stones over 2" in diameter, roots and other extraneous matter. 3.06 Goose exclosure along the perimeter of the planting area shall, upon the request of the Village Consultant, be provided. Such exclosure shall consist of: posts 1" x 4" square oak stakes, or equivalent, placed 7-10' on center; poultry fence, 4' with 3/4" x 1" grid, along the perimeter with cable ties; and 70# nylon wire, from post top to post top, to prevent the geese from entering the exclosure from the air. Section 4 Stewardship 4.01 General. Work detailed is for the short- and long-term maintenance of the rain garden. Stewardship shall start upon planting and continue through the acceptance by the Village that the performance standards described in Section 1.05 above have been fulfilled. Additionally, the stewardship measures contained in this section shall serve as requirements to be reviewed and fulfilled as part of any annual inspection requirements specified in any annexation agreement or ordinance approving a planned unit development containing the rain garden. 4.02 Watering. Apply sufficient water to the rain garden for 6-8 weeks post planting to allow for dense root establishment. Apply water with sprinklers or nozzles that create a gentle application. Avoid harsh stream sprays that wash the plants or seed from the ground 4.02 Weed Control. The following aggressive invasive species shall be prevented from becoming established in the Rain Garden area: Reed Canary Grass White & Yellow Sweet Clover Kentucky Blue Grass Tall Fescue Purple Loosestrife Sandbar Willow Mullein Teasel Canada Thistle Bull Thistle Garlic Mustard Pastinaca Phalaris arundinacea Melitotus alba & officianalis Poa pratensis Festuca eliator Lythrum salicaria Salix interior Verbascum Thapsus & V. blattaria Dispsacus lacinatus & D. sylvestris Cirsium arvense Cirsium vulgare Alliaria petolata Pastinaca sativa The following non-native species or any other invasive species designated by the Village Consultant are to be mowed or removed during flowering to prevent seed set: Queen Anne's Lace Daucus carota Black Medic Medicago sativa Foxtail /Millet Setaria spp. Red Clover Lotus x hybrid 4.03 Any additional planting or seeding will use the same species as set forth in the Plans. Substitutions shall be approved by the Village Consultant. 4.04 Pesticides shall be chosen to have the least environmental impact and be installed according to the manufacture's recommendation. All pesticides shall be installed by licensed applicators.