Skip to main content
Lake County, IL
File #: 12-1032    Version: Name: Resolution on Zoning Board of Appeals Case No. 3746, which consists of the petition of RK123, LLC, RDDT Limited Partnership, General Partner DFFT-1, LLC, Robert and Constance Dimucci Trustees, which seeks a rezoning of a 108.79 acre parcel from the the Es
Type: resolution Status: Passed
File created: 9/20/2012 In control: Planning, Building and Zoning Committee
On agenda: Final action: 10/9/2012
Title: Resolution on Zoning Board of Appeals Case No. 3746, which consists of the petition of RK123, LLC, RDDT Limited Partnership, General Partner DFFT-1, LLC, Robert and Constance Dimucci Trustees, which seeks a rezoning of a 108.79 acre parcel from the Estate (E) District to the General Commercial District (GC) in Ela Township - District 19.
Attachments: 1. CB Resolution_Rezoning_3746_and PB&Z Exhibit 1.pdf, 2. CB Resolution_CUP for PUD_4756_with PB&Z Exhibit 1.pdf, 3. CB 12-1032 & 12-1033_PB&Z_Exhibit 1.pdf, 4. ZBA Final Staff Report 07-13-12 (2).pdf, 5. ZBA 3746 Resolution with Conditions.pdf, 6. ZBA 4756 Resolution with Conditions.pdf, 7. Letter of Intent_County_HW_NB_9-6-12.pdf, 8. DIM Boundary HW & N Barr 1999 04 08.pdf, 9. DIM Boundary HW & LZ 2003 08 04 2nd Amendment Full.pdf, 10. North Barrington VHW 1st Amendment to IGA.pdf, 11. IGA Summaries HW NB.pdf, 12. NB Annexation Map Staff Draft.pdf, 13. NB Annexation Proposal 4-23-12.pdf, 14. NB Annexation Map 5-23-12.pdf, 15. RPC Information Packet 6-4-12.pdf, 16. RPC Questions.pdf, 17. Sewer Agreement HW and LC 10-22-09.pdf, 18. Sewer Agreement LC and NB.pdf, 19. Sewer Agreement LZ and HW 8-20-03.pdf, 20. Summary of Sewer Agreements.pdf, 21. 3745 PDP - FDP PDP Comments 12-15-11.pdf, 22. Cover - Index to Documents.pdf, 23. Tab 1 - Narrative Description of Project.pdf, 24. Tab 2 - Last Deed of Record and Disclosure of Party(ies) in.pdf, 25. Tab 3 - Location Map and Aerial Photograph.pdf, 26. Tab 4 - Survey.pdf, 27. Tab 5 - Preliminary Development Plan.pdf, 28. Tab 6 - Pattern Book.pdf, 29. Tab 7 - Application for Zoning Amendment.pdf, 30. Tab 8 - Zoning Standards.pdf, 31. Tab 9 - Purposes and Intents of Zoning Ordinance.pdf, 32. Tab 10 - Application for Conditional Use Permit for Planned Develop.pdf, 33. Tab 11 - Conditional Use and Planned Development Standards.pdf, 34. Tab 12 - Application for Major Modification.pdf, 35. Tab 13 - Trend of Development.pdf, 36. Tab 14 - Adjacent Uses Maps.pdf, 37. Tab 15 - Sewer and Water Agreement with Lake Zurich.pdf, 38. Tab 16 - Utility Analysis.pdf, 39. Tab 17 - Natural Resources Summary Map.pdf, 40. Tab 18 - Soil and Water Conservation District Report.pdf, 41. Tab 19 - Illinois Dept of Natural Resources Review.pdf, 42. Tab 20 - Historical Preservation Review.pdf, 43. Tab 21 - Wetlands.pdf, 44. Tab 22 - Floodplain.pdf, 45. Tab 23 - Woodlands.pdf, 46. Tab 24 - Soils Information.pdf, 47. Tab 25 - Topographic Survey.pdf, 48. Tab 26 - Depressional Storage.pdf, 49. Tab 27 - Site Capacity Calculations.pdf, 50. Tab 28 - Sight Distance Study and Preliminary Traffic Analys.pdf, 51. Tab 29 - Title Restrictions.pdf, 52. Tab 30 - Taxing District Benefits.pdf, 53. Tab 31 - Court Reporter Agreement.pdf, 54. BACOG Letter.pdf, 55. Hawthorn Woods Objection Letter.pdf
Related files: 12-0800, 12-0799, 12-0133, 12-1033, 12-1034, 12-1055
Title
Resolution on Zoning Board of Appeals Case No. 3746, which consists of the petition of RK123, LLC, RDDT Limited Partnership, General Partner DFFT-1, LLC, Robert and Constance Dimucci Trustees, which seeks a rezoning of a 108.79 acre parcel from the Estate (E) District to the General Commercial District (GC) in Ela Township - District 19.
 
Staff Summary
·      The Dimucci Family has submitted an application to rezone 108.79 acres of land located on the southeast corner of Route 12 and Old McHenry Road from the Estate (E) District to the General Commercial (GC) District.
·      Over the course of 8 months, county staff participated in three open houses and facilitated 11 meetings involving both the Regional Planning Commission and the Zoning Board of Appeals to consider testimony associated with an application.
·      On July 11, The Regional Planning Commission's motion to approve the application failed on a vote of 3 ayes, 5 nays and 1 abstention due to concerns over size and scale and compatibility with the surrounding area.
·      On September 20, 2012, as a result of joint meetings held between the villages of North Barrington and Hawthorn Woods, and as a result of additional conditions recommended be imposed on the development, the Zoning Board of Appeals found that the applicant's petition met the standards for a rezoning and by a vote of 7 ayes and 0 nays approved the rezoning request.
·      On September 25, the Planning, Building and Zoning Committee recommended approval of the rezoning by a vote of 6 ayes and 0 nays.
·      Staff is recommending approval of the rezoning request given that it meets the standards for a rezoning as specified in the UDO as summarized by the trend of development, availability of public facilities, and compatibility with the surrounding area.
 
Body
WHEREAS, public hearings have been held by the Lake County Zoning Board of Appeals pursuant to the Statutes of the State of Illinois on the petition of RK124, LLC, RDDT Limited Partnership, General Partner DFFT-1, LLC, Robert and Constance DiMucci Trustees, record owner of the property that is subject to the application, which requests a rezoning from the Estate (E) District to the General Commercial (GC) District for the following real estate, to-wit:
 
Parcel 1:      
PIN: 14-05-300-008; located at 25442 N. Old McHenry Road, Lake Zurich, Illinois 60047.
Parcel 2:      
PIN: 14-06-200-017; located at 25770 N. Old McHenry Road, Lake Zurich, Illinois 60047.
Parcel 3:      
PIN: 14-06-400-004; located at 25275 N. Old McHenry Road, Lake Zurich, Illinois 60047.
Parcel 4:      
PIN: 14-06-400-009; located at 25435 N. Old McHenry Road, Lake Zurich, Illinois 60047.
Parcel 5:      
PIN: 14-06-400-010; located at 26479 N. Old McHenry Road, Lake Zurich, Illinois 60047.
Parcel 6:      
PIN: 14-06-400-011; located at 25475 N. Old McHenry Road, Lake Zurich, Illinois 60047.
 
WHEREAS, your Planning, Building and Development Department duly considered
the aforesaid petition and recommends that it be approved; and
 
WHEREAS, your Zoning Board of Appeals, after reviewing the testimony presented at
the Public hearings on the aforesaid petition, has submitted its report thereon to the
County Board and its report recommends by a vote of 7 "Ayes" and 0 "Nays" that the
petition be approved subject to the conditions specified in Zoning Case 4756 ZBA
Exhibit 1 and Exhibit 1A; and
 
WHEREAS, your Planning, Building and Zoning Committee has duly considered the
petition and reports aforedescribed and recommends by a vote of 6 "Ayes" and 0
"Nays" that the petition by granted.  Motion made by Member Carlson,
with a second by Member Hewitt, to grant the petition.  Voting "Aye", Carlson, Cary,
Hewitt, Mountsier, Pedersen and Thomson-Carter; voting "Nay", none.
 
NOW THEREFORE, BE IT RESOLVED by the Lake County Board that the request of
the Petitioner for rezoning from the Estate (E) District to the General Commercial (GC)
District; be granted subject to conditions specified in PBZ Exhibit 1 attached.
 
BE IT FURTHER RESOLVED, that the Secretary of said Zoning Board of Appeals be
instructed to notify the Petitioners as to the action taken by the Board.
 
DATED AT WAUKEGAN, Lake County, Illinois, this 9th day of October, 2012.