title
O R D I N A N C E
Zoning Petition ZONING-24-000074 Biagio Land Corp
resolution
WHEREAS, a public hearing was held on November 14, 2024, 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:
Rezoning from B-1 Local Business District to B-2 General Business District, on the property hereinafter described:
LOT 2 IN KEENEY’S LAKE STREET FARMS, BEING A SUBDIVISION OF PART OF THE EAST HALF OF SECTION EIGHT AND PART OF THE WEST HALF OF SECTION NINE, TOWNSHIP FORTY NORTH, RANGE TEN EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORIDNG TO THE PLAT THEREOF RECORDED AUGUST 13, 1932, AS DOCUMENT NUMBER 328341, 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 December 5, 2024 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that they seek the subject zoning relief to rezone the subject property from B-1 Local Commercial to B-2 General Business District.
2. That petitioner testified that the current property is used by the petitioner, a concrete contractor, and that they propose to continue to use the property as construction office and yard as a concrete contractor, which is permitted in the B-2 General Business Zoning District.
3. That petitioner testified that if the rezoning is granted, they plan to tear down the existing building and construct a new building that will comply with all required codes of DuPage County.
a. That petitioner testified that have two (2) to three (3) employees in the office every day and then have a number of employees that come to the subject property, pick up a company vehicle, and take them to a job site.
4. That petitioner testified that the intention of the B-1 Zoning District is to service neighborhoods, and that due to the growth and development of Lake Street as a heavily traveled arterial roadway and regional corridor, the highest and best use would be a permitted use under the B-2 General Business District.
5. That petitioner testified that everything north of Lake Street across from the subject property is within the Village of Roselle and zoned B-5 commercial.
6. That petitioner testified that most of the properties abutting Lake Street that take direct access to Lake Street (such as the subject property), are either zoning B-2 in the County or B-5 in the Village of Roselle, with the exception of the subject property and the lots on either side of the subject property.
7. That petitioner testified that the existing uses of the property in question are primarily commercial and residential, and that directly to the east of the subject property is a commercial use, to the west is a vacant lot and beyond that are commercial uses, to the north is a commercial use within the Village of Roselle, and to the south are residential uses.
8. That petitioner testified that to the east of the subject property is zoned B-1 Local Business (operating as a B-2 use), to the west is zoned B-1 Local Business and is vacant but beyond that is zoned B-2 General Business, to the north is zoned commercial in the Village of Roselle, and the south is zoned R-4 Single Family Residential
9. That petitioner testified that due to the location of the subject property on Lake Street, the long-standing use of properties directly abutting Lake Street are commercial uses primarily found in the B-2 Zoning District and commercial uses primarily found in the B-5 District of the Village of Roselle.
10. That petitioner testified that the trend of development in the general area is towards commercial uses in the B-2 General Business District, and that due to the location of the subject property on Lake Street, no B-1 Local Business District uses have been interested in the subject property.
11. That petitioner testified that the subject property has lacked the ability and interest to develop as a use within the B-1 Local Business District, and that the current zoning designation prohibits the subject property from being developed in its highest and best use.
12. That petitioner testified that due to the surrounding uses and location on a major arterial roadway (Lake Street), the B-1 Local Business zoning classification significantly decreases the interest of the subject property, and that a rezoning from B-1 to B-2 would be the highest and best use of the subject property.
13. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the map amendment (rezoning) is in harmony with the general purpose and intent of the Zoning Ordinance, and that the petitioner has demonstrated sufficient evidence and testimony regarding the required six (6) standards for a map amendment (rezoning).
STANDARDS FOR MAP AMENDMENT (REZONING):
That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the map amendment (rezoning) is in harmony with the general purpose and intent of the Zoning Ordinance, and that the petitioner has demonstrated the following standards for a map amendment (rezoning):
1. Existing uses of property within the general area of the property in question, as petitioner has demonstrated that the existing uses of property within the general area of the property in question are primarily commercial and residential, and that directly east of the subject property is a commercial use, to the west is a vacant lot and beyond that are commercial uses, to the north is a commercial use within the Village of Roselle, and to the south is a residential use.
2. The zoning classifications of property within the general area of the property in question, as petitioner has demonstrated that directly to the east of the subject property is zoned B-1 Local Business (operating as a B-2 use), to the west is zoned B-1 Local Business and is vacant but beyond that are zoned B-2 General Business, to the north is zoned commercial in the Village of Roselle, and the south is zoned R-4 Single Family Residential
3. The suitability of the property in question for the uses permitted under the existing zoning classification, as petitioner has demonstrated that due to the location of the subject property on Lake Street, the long-standing use of the properties directly abutting Lake Street are commercial uses primarily found in the B-2 Zoning District.
4. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the property in question was placed in its present zoning classification, as petitioner has demonstrated that the trend of development in the general area is towards commercial uses in the B-2 General Business District, and that due to the location of the subject property on Lake Street, no B-1 Local Business District uses have been interested in the subject property.
5. The length of time the property has been vacant as zoned, considered in the context of the land development in the area surrounding the subject property, as petitioner has demonstrated that the subject property has lacked the ability and interest to develop as a use within the B-1 Local Business District, and that the current zoning designation prohibits the subject property from being developed in its highest and best use.
6. The extent to which the property values are diminished by particular zoning restrictions, as petitioner has demonstrated that due to the surrounding uses and location on a major arterial roadway (Lake Street), the B-1 Local Business zoning classification significantly decreases the interest of the subject property, and that a rezoning from B-1 to B-2 would be the highest and best use of the subject property.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000074 Biagio Land Corporation |
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ZONING REQUEST |
Rezoning from B-1 Local Business District to B-2 General Business District. |
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OWNER |
BIAGIO LAND CORP, 24W733 LAKE STREET, ROSELLE, IL 60172 / BIAGIO LAND CORP, 4N475 MEDINAH ROAD, ADDISON, IL 60101 / AGENT: BRIAN ARMSTRONG, LUETKEHANS, BRADY, GARNER & ARMSTRONG, LLC., 2700 INTERNATIONAL DRIVE, SUITE 305, WEST CHICAGO, IL 60185 |
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ADDRESS/LOCATION |
24W733 LAKE STREET, ROSELLE, IL 60172 |
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PIN |
02-09-302-006 |
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TWSP./CTY. BD. DIST. |
BLOOMINGDALE |
DISTRICT 1 |
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ZONING/LUP |
B-1 LOCAL BUSINESS |
0-5 DU AC |
|
AREA |
1.19 ACRES (51,836 SQ. FT.) |
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UTILITIES |
WELL/SEPTIC |
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PUBLICATION DATE |
Daily Herald: OCTOBER 30, 2024 |
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PUBLIC HEARING |
THURSDAY, NOVEMBER 14, 2024 |
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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 Comments Received. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
“DPC PW doesn’t own any sewer or water in the area. |
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EXTERNAL: |
|
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Village of Roselle: |
No Comments Received. |
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Village of Bloomingdale: |
No Comments Received. |
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Village of Hanover Park: |
No Objections. “The site is 3000-3500 ft. east of Hanover Park’s boundaries and does not abut our existing lots. Proposed use is similar to existing (landscaping/paving contractor). |
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Village of Schaumburg: |
No Comments Received. |
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Bloomingdale Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Bloomingdale Fire Dist.: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. (See attached documentation) |
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Sch. Dist. 20: |
No Comments Received. |
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Sch. Dist. 108: |
No Comments Received. |
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Forest Preserve: |
No Comments Received. |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
B-1 LOCAL BUSINESS |
COMMERCIAL |
0-5 DU AC |
|
North |
LAKE STREET AND BEYOND VILLAGE OF ROSELLE |
COMMERCIAL |
VILLAGE OF ROSELLE |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
B-1 LOCAL BUSINESS |
COMMERCIAL |
0-5 DU AC |
|
West |
B-1 LOCAL BUSINESS |
COMMERCIAL |
0-5 DU AC |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on December 5, 2024, recommends to approve the following zoning relief:
Rezoning from B-1 Local Business District to B-2 General Business District.
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-24-000074 Biagio Land Corporation dated November 14, 2024.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That in conjunction with the submittal of a building permit the developer provides a landscape plan showing full landscape screens around the perimeter of the development.
4. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZBA VOTE (to Approve): 5 Ayes, 0 Nays, 2 Absent
WHEREAS, the County Board Development Committee on February 4, 2025, 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:
Rezoning from B-1 Local Business District to B-2 General Business District.
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-24-000074 Biagio Land Corporation dated November 14, 2024.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That in conjunction with the submittal of a building permit the developer provides a landscape plan showing full landscape screens around the perimeter of the development.
4. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion to Approve): 6 Ayes, 0 Nays, 0 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Rezoning from B-1 Local Business District to B-2 General Business District, on the property hereinafter described:
LOT 2 IN KEENEY’S LAKE STREET FARMS, BEING A SUBDIVISION OF PART OF THE EAST HALF OF SECTION EIGHT AND PART OF THE WEST HALF OF SECTION NINE, TOWNSHIP FORTY NORTH, RANGE TEN EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORIDNG TO THE PLAT THEREOF RECORDED AUGUST 13, 1932, AS DOCUMENT NUMBER 328341, 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-24-000074 Biagio Land Corporation dated November 14, 2024.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That in conjunction with the submittal of a building permit the developer provides a landscape plan showing full landscape screens around the perimeter of the development.
4. 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; BIAGIO LAND CORP, 24W733 LAKE STREET, ROSELLE, IL 60172 / BIAGIO LAND CORP, 4N475 MEDINAH ROAD, ADDISON, IL 60101 / AGENT: BRIAN ARMSTRONG, LUETKEHANS, BRADY, GARNER & ARMSTRONG, LLC., 2700 INTERNATIONAL DRIVE, SUITE 305, WEST CHICAGO, IL 60185; and Township Assessor, Bloomingdale Township, 123 N. Rosedale, Bloomingdale, IL 60108.
end
Enacted and approved this 11th day of February, 2025 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK