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O-33-12 Ord Granting Special Use-Night Blue Performing Arts CenterVILLAGE OF LEMONT ORDINANCE NO. 0 -33 —' - AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW AN ENTERTAINMENT COMPLEX AT 1232 STREET IN LEMONT, IL (Night Blue Performing Arts Center) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 23" DAY OF APRIL, 2012 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 23rd day of April, 2012. ORDINANCE NO.0.33 -(a- AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW AN ENTERTAINMENT COMPLEX AT 1232 STREET IN LEMONT, IL (Night Blue Performing Arts Center) WHEREAS, Paul Packer, Andrew Kolanowski, and David Walters, on behalf of Night Blue Performing Arts Company, hereinafter referred to as "the Petitioner," is the lessee of space within the Centennial Plaza Shopping Center at 1232 State Street (PIN 22 -32 -107- 014 - 0000), hereinafter referred to as "the subject property;" and WHEREAS, the Petitioner is seeking special use to allow an entertainment complex on the subject property; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a Public Hearing on March 21, 2012 and voted 6 -0 to recommend approval of the requested variation; 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 same is in the best interest of the Village of Lemont, and herein adopts the finding of facts as set forth in Exhibit "A ". 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. A special use is granted to allow an indoor entertainment complex that will include live theatrical performances. SECTION 2: Expiration of Special Use. The special use approval shall become null and void in the event of the following: 1. A complete building permit application for construction or installation has not been received by the Village within one year after the effective date of this ordinance; or 2. A building permit has been issued within one year of the effective date this ordinance, but such construction, installation, or relocation has not commenced within one year after the issuance of the building permit; or 3. The special use is discontinued for a period of six months. 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, DUPAGE AND WILL, ILLINOIS, ON THIS 23rd DAY OF APRIL, 2012. AYES NAYS ABSENT ABSTAIN Debby Blatzer V Paul Chialdikas f Clifford Miklos �l Ron Stapleton Rick Sniegowski Jeanette Virgilio Attest: J Appr : by me this 23r' d - of April, 2012 N K. 'i AVES, Village President CHARLENE M. SMOLLEN, Village Clerk EXHIBIT A Findings of Fact 1. The proposed special use is located within an existing shopping center with adequate parking and therefore will not create any excessive demands on Village services. 2. The proposed special use is consistent with the Comprehensive Plan recommendation for the area. 3. The proposed special use is compatible with other uses on the subject site. 4. Any issues related to public health and safety will be adequately addressed by the building permit and /or certificate of occupancy review and approval.