title
Zoning Petition ZONING-23-000067 28W510 Washington Avenue Investments, LLC.
resolution
WHEREAS, a public hearing was held on September 28, 2023, in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 6:00 P.M. before the DuPage County Zoning Board of Appeals and notice of said hearing was duly given; and
WHEREAS, a petition was presented at this hearing requesting the following zoning relief:
To renew/extend a Conditional Use for Group Quarters with a maximum occupancy of twelve residents, which was previously approved under Z20-046 28W510 Washington Avenue Investments, LLC. on January 12, 2021, by the DuPage County Board, on the property hereinafter described:
LOT 2 IN TALL OAKS FARM, A SUBDVISION OF PART OF LOT 2 OF OWNER’S ASSESSMENT DIVISION OF PART OF SECTION 14, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 24, 1977 AS DOCUMENT R77-39371, IN DUPAGE COUNTY, ILLINOIS; and
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on September 28, 2023, does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that the subject property is currently owned by Monte Nido Real Estate Holdings, LLC. and operated by Monte Nido Illinois, LLC. (“Monte Nido”).
2. That petitioner testified that Monte Nido & Affiliates oversees the operation of the Group Quarters at the subject property and is a leading national treatment provider for adults and adolescents with eating disorders.
3. That petitioner testified that the subject property currently operates a twelve (12) bed Group Quarters and provides care to adults seeking treatment for eating disorders, per approved zoning relief Z20-046 28W510 Washington Avenue Investments, LLC. on January 12, 2021, by the DuPage County Board.
• Furthermore, that petitioner testified that the requested zoning relief is to renew/extend a Conditional Use for Group Quarters with a maximum occupancy of twelve residents, which was previously approved for a period of three (3) years under Z20-046 28W510 Washington Avenue Investments, LLC., in order to review the operations and any possible impact of the Group Quarters after three (3) years.
4. That petitioner testified that the subject Group Quarters is a residential setting, intended to replicate a large family setting, with all meals prepared and taken together, as data supports that this is the most effect treatment for eating disorders in a non-institutional setting.
5. That petitioner testified since their last Zoning Board of Appeals public hearing in 2020, they have installed landscape buffering, adjusted lighting on the subject property so that all lighting is less than a half-foot candle away from all property lines and installed a fire truck turnaround area towards the north end of the property.
6. That petitioner testified that in the last three (3) years, the Group Quarters has had a positive impact on adjacent properties and improved property values, as the property adjacent to the west of the subject property sold for more than list price and faster than the average in the market in 2021.
7. Furthermore, that petitioner testified that they completed a traffic study with KLOA and that the Group Quarters does not result in a significant increase in traffic on the roadways.
8. That the Zoning Board of Appeals finds that since the approval of Z20-046 28W510 Washington Avenue Investments, LLC. on January 12, 2021, by the DuPage County Board, petitioners have adhered to all conditions placed on the zoning case for approximately three (3) years, followed the Group Quarters operations that were set forth in that that zoning relief, and that the Group Quarters have been an added benefit to the surrounding area, with no impacts to adjacent properties.
• Furthermore, that the Zoning Board of Appeals hereby removes the time limit condition originally placed on Z20-046 28W510 Washington Avenue Investments, LLC.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the Conditional Use is in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County’s comprehensive plan for development; and specifically, that the granting of the Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that no changes will be made to the exterior of the subject home or to the subject property, and therefore the proposed zoning relief will not impair an adequate supply of light and air to adjacent properties
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the subject, 8,400 sq. ft. home has easily accommodated twelve (12) residents and does not increase the hazard from fire or other dangers to adjacent properties.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the Group Quarters is operated in the existing home and that petitioner owns/operates similar types of residential programs in residential neighborhoods throughout the country with no diminishment of value of land.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing Group Quarters does not noticeably increase traffic in the area and that no residents have their own vehicles at the subject property.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the existing Group Quarters use has no structural or physical changes to the building, therefore there will be no increase in the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the existing Group Quarters does not increase any additional expense for flood protection, rescue, or relief.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the Monte Nido Group Quarters has operated the Group Quarters for over approximately three (3) years with up to twelve (12) adults with no noticeable impact on surrounding properties, and the use and property beautification is a benefit to the surrounding area and DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000067 28W510 Washington Avenue Investments, LLC. |
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ZONING REQUEST |
To renew/extend a Conditional Use for Group Quarters with a maximum occupancy of twelve residents, which was previously approved under Z20-046 28W510 Washington Avenue Investments, LLC. on January 12, 2021, by the DuPage County Board. |
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OWNER |
28W510 WASHINGTON AVENUE INVESTMENTS, LLC., 6100 SW 76TH STREET, MIAMI, FL 33143 / AGENT: MARK GERSHON, POLSINELLI, PC, 150 N. RIVERSIDE PLAZA, CHICAGO, IL 60606 |
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ADDRESS/LOCATION |
28W510 WASHINGTON AVNEUE, WINFIELD IL 60190 |
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PIN |
04-14-102-011 |
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TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
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ZONING/LUP |
R-1 SF RES |
0-5 DU AC |
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AREA |
2.51 ACRES (109,335 SQ. FT.) |
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UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: SEPTEMBER 13, 2023 |
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PUBLIC HEARING |
THURSDAY, SEPTEMBER 28, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
No Objections. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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City of West Chicago: |
No Comments Received. |
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Village of Winfield: |
No Comments Received. |
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Winfield Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Winfield Fire Dist.: |
No Comments Received. |
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Sch. Dist. 33: |
No Comments Received. |
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Forest Preserve: |
“No concerns for this petition.” |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-1 SF RES |
GROUP QUARTERS |
0-5 DU AC |
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North |
R-1 SF RES |
FOREST PRESERVE |
OPEN SPACE |
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South |
R-1 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-1 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-1 SF RES |
HOUSE |
0-5 DU AC |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on November 2, 2023, recommends to approve the following zoning relief:
To renew/extend a Conditional Use for Group Quarters with a maximum occupancy of twelve residents, which was previously approved under Z20-046 28W510 Washington Avenue Investments, LLC. on January 12, 2021, by the DuPage County Board.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-23-000067 28W510 Washington Avenue Investments, LLC. dated September 28, 2023.
2. The Conditional Use shall terminate in the event that Monte Nido Real Estate Holdings, LLC. sells, discontinues operation of the subject property located at 28W510 Washington Avenue, Winfield, Illinois or otherwise transfers ownership of the subject property to another entity.
3. That no more than twelve (12) residents shall reside within the subject property.
4. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
5. That in conjunction with the submittal of a building permit the developer provides a landscape plan showing partial landscape screens around the perimeter of the development.
6. That as part of the submittal of a building permit the developer shall provide a photometric plan demonstrating that the level of light shall not exceed 0.5 foot-candles of illumination at all property lines.
7. That the subject Group Quarters residents shall not have their own automobiles at the Group Quarters nor otherwise drive themselves to and from the subject Group Quarters.
8. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZBA VOTE (to Approve): 6 Ayes, 0 Nays, 1 Absent
WHEREAS, the County Board Development Committee on November 21, 2023, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to concur with the findings and recommends to approve the following zoning relief:
To renew/extend a Conditional Use for Group Quarters with a maximum occupancy of twelve residents, which was previously approved under Z20-046 28W510 Washington Avenue Investments, LLC. on January 12, 2021, by the DuPage County Board.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-23-000067 28W510 Washington Avenue Investments, LLC. dated September 28, 2023.
2. The Conditional Use shall terminate in the event that Monte Nido Real Estate Holdings, LLC. sells, discontinues operation of the subject property located at 28W510 Washington Avenue, Winfield, Illinois or otherwise transfers ownership of the subject property to another entity.
3. That no more than twelve (12) residents shall reside within the subject property.
4. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
5. That in conjunction with the submittal of a building permit the developer provides a landscape plan showing partial landscape screens around the perimeter of the development.
6. That as part of the submittal of a building permit the developer shall provide a photometric plan demonstrating that the level of light shall not exceed 0.5 foot-candles of illumination at all property lines.
7. That the subject Group Quarters residents shall not have their own automobiles at the Group Quarters nor otherwise drive themselves to and from the subject Group Quarters.
8. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 4 Ayes, 1 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
To renew/extend a Conditional Use for Group Quarters with a maximum occupancy of twelve residents, which was previously approved under Z20-046 28W510 Washington Avenue Investments, LLC. on January 12, 2021, by the DuPage County Board, on the property hereinafter described:
LOT 2 IN TALL OAKS FARM, A SUBDVISION OF PART OF LOT 2 OF OWNER’S ASSESSMENT DIVISION OF PART OF SECTION 14, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 24, 1977 AS DOCUMENT R77-39371, IN DUPAGE COUNTY, ILLINOIS; and
The Zoning Relief is subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-23-000067 28W510 Washington Avenue Investments, LLC. dated September 28, 2023.
2. The Conditional Use shall terminate in the event that Monte Nido Real Estate Holdings, LLC. sells, discontinues operation of the subject property located at 28W510 Washington Avenue, Winfield, Illinois or otherwise transfers ownership of the subject property to another entity.
3. That no more than twelve (12) residents shall reside within the subject property.
4. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
5. That in conjunction with the submittal of a building permit the developer provides a landscape plan showing partial landscape screens around the perimeter of the development.
6. That as part of the submittal of a building permit the developer shall provide a photometric plan demonstrating that the level of light shall not exceed 0.5 foot-candles of illumination at all property lines.
7. That the subject Group Quarters residents shall not have their own automobiles at the Group Quarters nor otherwise drive themselves to and from the subject Group Quarters.
8. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
BE IT FURTHER ORDAINED by the County Board of DuPage County, Illinois that should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid; and
BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; 28W510 WASHINGTON AVENUE INVESTMENTS, LLC., 6100 SW 76TH STREET, MIAMI, FL 33143 / AGENT: MARK GERSHON, POLSINELLI, PC, 150 N. RIVERSIDE PLAZA, CHICAGO, IL 60606; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
end
Enacted and approved this 28th day of November, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK