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CITY OF WEST CHICAGO
DEVELOPMENT COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: __ “8.
Denial of a Zoning Map Amendment (Rezoning) re-
quested for 30W680 Lee Road FILE NUMBER:
COMMITTEE AGENDA DATE: Oct. 14, 2019
Ordinance 19-O-0032
COUNCIL AGENDA DATE:
STAFF REVIEW: Tom Dabareiner AICP SIGNATURE ZA 6- =>
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
The petitioner is requesting that the City rezone the subject property to M, Manufacturing from ER-
1, Estate Residential. This would allow manufacturing uses on the property, including a recently
opened landscaping business.
The property consists of 5.6 acres located at the northeast corner of Lee Road and Lane Road.
Lane Road is a dead end street and contains eight single-family residential properties. After receiv-
ing a complaint about a business operating from a residential property, the City notified the petition-
er of a violation of the Zoning Ordinance for operating the landscaping business in the ER-1 Estate
Residential district, which is not allowed. The petitioner's request to rezone to M, Manufacturing fol-
lowed.
It should be kept in mind that a rezoning to M, Manufacturing opens the door for any Permitted and
Special Uses listed in the Manufacturing District to operate on the subject property. The current and
other manufacturing-related uses are unlikely to be compatible with the nearby residential uses and,
in fact, may impose negative impacts on the residential. Should a rezoning be allowed, the petition-
er would still need to apply for a Special Use to allow outdoor storage on the property. The attached
Map Amendment Ordinance is written to deny the request, based on the outcome of the Plan
Commission/ZBA vote and Staff's recommendation.
At the Plan Commission/ZBA hearing held October 1, 2019, numerous residents spoke against al-
lowing the use and none spoke in support. Plan Commission/ZBA members reviewed the Findings
of Fact and voted unanimously against the rezoning, with the motion in favor failing 0-5.
ACTIONS PROPOSED:
Recommendation to approve Ordinance 19-O-0032 to deny the requested Map Amendment.
COMMITTEE RECOMMENDATION:
Pc: Ordinance 19-O-0032

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ORDINANCE NO. 19-0-0032
AN ORDINANCE DENYING THE REZONING OF LAND FROM THE
ER-1 ESTATE RESIDENCE DISTRICT TO THE M MANUFACTURING DISTRICT
FOR THE PROPERTY LOCATED AT 30W680 LEE ROAD
WHEREAS, on August 16, 2019, Dante Domenella (the “APPLICANT”), filed an application for a zoning map
amendment for the property located at 30W680 Lee Road legally described in Exhibit “A”, attached hereto and
incorporated herein (the “SUBJECT REALTY”); and,
WHEREAS, Notice of Public Hearing on said application was published in the Daily Herald on September
16, 2019, as required by the ordinances of the City of West Chicago and the statutes of the State of Illinois; and,
WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of Appeals of the
City of West Chicago, commencing on October 1, 2019, pursuant to said Notice; and,
WHEREAS, at the Public Hearing, the APPLICANT provided testimony in support of their application,
and all interested parties had an opportunity to be heard; and,
WHEREAS, the corporate authorities of the City of West Chicago have received the recommendation of
the Plan Commission/Zoning Board of Appeals for the zoning map amendment, which contains specific findings
of fact, pursuant to Recommendation No. 2019-RC-0013, a copy of which is attached hereto as Exhibit “B” which
is, by this reference, incorporated herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, DuPage
County, Illinois, in regular session assembled, as follows:
Section 1. That the request to rezone the SUBJECT REALTY legally described in Exhibit “A” from the
ER-1 Estate Residence District to the M Manufacturing District is hereby denied.
Section 2. That the recommendation and findings of fact of the Plan Commission/Zoning Board of Ap-
peals previously incorporated as Exhibit “B” be and the same are hereby adopted as the findings of fact of the City
Council.
Section 3. That all ordinances and resolutions, or parts thereof, shall, to the extent not expressly modified
by the terms and conditions of this Ordinance, remain in full force and effect as therein provided.
Section 4. That this Ordinance shall be in full force and effect ten (10) days from and after its passage,
approval and publication in pamphlet form as provided by law.
Ordinance 19-0-0032
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PASSED this day of 2019.
Alderman J. Beifuss ee Alderman L. Chassee
Alderman J. Sheahan ee Alderman H. Brown
Alderman A. Hallett ee Alderman Ferguson
Alderman Birch Ferguson Alderman S. Dimas
Alderman K. Meissner ee Alderman M. Garling
Alderman R. Stout Alderman G. Garcia
Alderman N. Ligino-Kubinski
APPROVED as to form:
Patrick K. Bond, City Attorney
APPROVED this day of 2019.
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
PUBLISHED:
Ordinance 19-0-0032
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EXHIBIT “A”
LEGAL DESCRIPTION OF SUBJECT REALTY
PARCEL 1 ;
THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 39 NORTH, RANGE 9
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY COMMENCING AT THE NORTHWEST
CORNER OF SAID SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 1320
FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION AND ALONG CENTER
OF LEE ROAD, 810.07 FEET FOR A PLACE BEGINNING (SAID POINT BEING 660 FEET EAST OF
EAST LINE OF THE RIGHT OF WAY OF THE PUBLIC SERVICE COMPANY OF NORTHERN
ILLINOIS); THENCE NORTH 330 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID
SECTION, 404.10 FEET TO THE WESTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND
NORTHWESTERN RAILROAD; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY, 170.00
FEET TO THE NORTH AND SAID DIVISION LINE OF SAID NORTHWEST QUARTER; THENCE
SOUTH ALONG SAID DIVISION LINE, 200.00 FEET TO THE STREET LINE OF LEE ROAD EXTENDED
EAST; THENCE EAST ALONG SAID STREET LINE EXTENDED EAST, 148.00 FEET TO THE
WESTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD;
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY, 104.90 FEET; THENCE WEST 632.80
FEET TO THE CENTER OF LEE ROAD; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF
LEE ROAD, 107.50 FEET TO AN ANGLE IN CENTER OF SAID ROAD; THENCE WEST ALONG THE
CENTER OF LEE ROAD TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2
THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 39 NORTH, RANGE 9
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY COMMENCING AT THE NORTHWEST
CORNER OF SAID SECTION; THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 1320
FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION AND ALONG CENTER
OF LEE ROAD, 810.07 FEET (SAID POINT BEING 660 FEET EAST OF EAST LINE OF THE RIGHT OF
WAY OF THE PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS); THENCE NORTH 330 FEET;
THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION, 404.10 FEET TO THE
WESTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD;
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY, 170 FEET TO THE NORTH AND SOUTH
DIVISION LINE OF SAID NORTHWESTER QUARTER FOR A PLACE OF BEGINNING; THENCE
SOUTH ALONG SAID DIVISION LINE 200.00 FEET TO THE STREET LINE OF LEE ROAD EXTENDED
EAST; THENCE EAST ALONG SAID STREET LINE, EXTENDED EAST, 148.00 FEET TO THE
WESTERLY LINE OF THE RIGHT OF WAY THE CHICAGO AND NORTHWESTERN RAILROAD;
THENCE NORTHWESTERLY ALONG SAID RIGHT OF LINE, 236.25 FEET TO THE PLACE OF
BEGINNING, IN THE TOWNSHIP OF WINFIELD, IN DUPAGE COUNTY, ILLINOIS.
Tax ID Numbers: 04-04-102-008 and 04-04-102-009
Ordinance 19-0-0032
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EXHIBIT “B”
RECOMMENDATION NO. 2019-RC-0013
TO: Honorable Mayor and City Council
SUBJECT: PC 19-20
Zoning Map Amendment to rezone 30W680 Lee Road from ER-1 Estate Residence to M Manu-
facturing.
DATE: October 1, 2019
DECISION: With a vote of zero (0) “yes” and five (5) “no”, a motion to recommend approval of the request
was denied by the Plan Commission/Zoning Board of Appeals.
RECOMMENDATION:
After holding a public hearing and after review of the requested amendment to the Zoning Map to rezone
30W680 Lee Road from ER-1 Estate Residence to M Manufacturing, the Plan Commission/Zoning Board of
Appeals (PC/ZBA) does not recommend approval of the request.
The PC/ZBA based this decision on the following findings of fact:
I. The existing uses and zoning of the property in question.
The property is currently zoned ER-1 Estate Residence and is being used as a landscape business with out-
door storage. This use is a violation of the Zoning Code in the ER-1 Estate Residence district.
2. The existing uses and zoning of other lots in the vicinity.
The subject property is located on the north end of Lane Road. Lane Road contains eight (8) single-family
residences, currently zoned ER-1 Estate Residence. While other properties in the general area are zoned M
Manufacturing, these properties are located further west on Pilsen Road and not immediately adjacent to
existing single-family residential uses.
3. Suitability of the property in question for uses already permitted under the existing regulations.
The property would comply with all regulations for the ER-1 Estate Residence district. The property previ-
ously was used as a single-family residential use.
4. Suitability of the property in question for the proposed use.
The property meets the lot size and width requirements for the M Manufacturing district. The property
contains natural features such as a heavily wooded area and wetlands which would have to be considered for
future development of the property to avoid any harmful impacts.
5. The trend of development in the vicinity of the property in question, including any recent zoning activity.
The trend of development along Lane Road just south of the subject property has remained single-family
residential. The properties to the north and west of the subject property have begun to transition to more
industrial type uses and two properties have been rezoned from ER-1 Estate Residence to M Manufacturing.
These lots, however, are accessed off of Pilsen Road and are not in the immediate vicinity of the adjacent
residential neighborhood south of the subject lot.
Ordinance 19-0-0032
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6. The effect the proposed rezoning would have on implementation of the Comprehensive Plan.
The City’s current Comprehensive Plan, which was adopted in 2006, designates the subject property as
industrial. The majority of the lots in the surrounding area, however, have remained zoned ER-1 Estate
Residence and maintained a single-family use.
7. Impact on surrounding properties.
The proposed rezoning would intensify the impact on the residential properties south of the subject lot. The
M Manufacturing district would not be compatible with the single-family residential neighborhood to the
south. The ER-1 district is the most restrictive zoning district in the City and the M district is the least restric-
tive.
8. Impact on health, safety, or welfare of the community.
The proposed rezoning would have an adverse impact on the health, safety, and welfare of the community
because the proposed zoning designation of M Manufacturing, and its permitted uses, would not be compati-
ble with the single-family residential uses to the south. Industrial uses this close to a residential neighborhood
would introduce impacts that will affect traffic, noise, odor, and other implications resulting from an indus-
trial use.
Respectfully submitted,
Barbara Laimins
Chairperson
VOTE:
For Against Abstain Absent
Dettman Hale
Kasprak Faught
Devitt
Henkin
Laimins
Ordinance 19-O-0032
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