===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 4. A. Special Use for Saas/Smith, 123 North Aurora Avenue to allow a Motor Vehicle Repair Facility FILE NUMBER: COMMITTEE AGENDA DATE: March 11, Ordinance No. 19-O-0007 2019 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE A—=— APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: The applicants, Phillip Saas and Dale Smith, are requesting the approval of special use permits for an auto repair facility in an existing building at 123 N. Aurora Avenue. The subject property is zoned M, Manufacturing District. The West Chicago Zoning Code lists “Motor vehicle repair shops” [11.2-4(C)] and “Motor vehicle care centers”, [11.2-4(GG)] as special uses. The applicants are requesting special use permits to allow both uses. The applicants will be leasing the building to a tenant who will operate the motor vehicle repair busi- ness. All motor vehicle repair and vehicle storage is proposed to occur inside the building. There is an existing 4,734 square foot building on the 11,841 square foot property. The entire property is either paved or covered with the building. Most recently the building housed an electrical contractor but historically the building housed a motor vehicle repair facility. There is parking in front of the building for 6 cars. There is a driveway of approximately 20 feet on the north side of the building that provides access to the rear of the property and the roll up doors located on that rear facade. There is a gate on the driveway but there is no delineation of uses between the subject property and the property to the east. The applicants are proposing to fence the subject prop- erty to prevent the neighboring uses from spilling over onto the property. At its March 5, 2019 meeting, the Plan Commission/Zoning Board of Appeals (PC/ZBA) conducted a public hearing to consider the applicants’ request. The Plan Commission unanimously recommended approval of the special use permits for 123 N. Aurora Avenue by a vote of six (6) “yes” and zero (0) “no” subject to the following conditions: 1. The west side yard and the rear yard of the property shall be fenced within 60 days of the special use permit approval. All motor vehicles awaiting repair or being repaired shall be located inside the building. All repairs shall take place inside the building. The two parkway areas on the west side of the parking lot shall be graded and seeded with grass. Temporary landscape fencing shall be installed on perimeters of parkway. POD ===== PDF PAGE 9 ===== [Extraction: OCR (rendered-page OCR)] The Plan Commission/Zoning Board of Appeals’ recommendation is included as Exhibit “B” of the at- tached ordinance. ATTACHMENTS: Draft Ordinance Approving the Special Use Permits Plan Commission/Zoning Board of Appeals Recommendation (Attached as Exhibit “B” to the Ordinance) ACTION PROPOSED: Consideration of special use permits to allow an auto repair facility subject to the listed conditions. COMMITTEE RECOMMENDATION: ===== PDF PAGE 10 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 19-0-0007 AN ORDINANCE GRANTING SPECIAL USE PERMITS FOR A MOTOR VEHICLE REPAIR FACILITY AT 123 NORTH AURORA AVENUE WHEREAS, on or about December 12, 2018, Phillip Saas and Dale Smith (the “APPLICANT”), filed an application for special use permits to establish a motor vehicle repair facility at the property legally described on Exhibit “A” attached hereto and incorporated herein (the “SUBJECT REALTY”); and, WHEREAS, a Notice of Public Hearing on said special use application was published in the Daily Herald on February 14, 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 March 5, 2019, pursuant to said Notice; and, WHEREAS, at the Public Hearing, the APPLICANT provided testimony in support of its 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, which contains specific findings of fact, pursuant to Recommendation No. 2019-RC-0003, 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, Du Page County, Illinois, in regular session assembled, as follows: Section 1. That two (2) special use permits in conformance with Sections 5.5 and 11.2- 4(C) and11.2-4(GG) of the Zoning Ordinance are hereby granted for the SUBJECT REALTY, to establish a motor vehicle repair shop and a motor vehicle care center at 123 North Aurora Avenue. Section 2. That the two special use permits are hereby granted subject to compliance with the following conditions: 1. The west side yard and the rear yard of the property shall be fenced within 60 days of the special use permit approval. 2. All motor vehicles awaiting repair or being repaired shall be located inside the building. 3. All repairs shall take place inside the building. 4. The two parkway areas on the west side of the parking lot shall be graded and seeded with grass. Temporary landscape fencing shall be installed on perimeters of parkway. Section 3. That all ordinances and resolutions, or parts thereof, in conflict with the Ordinance 19-O-0007 Page 1 of 3 ===== PDF PAGE 11 ===== [Extraction: OCR (rendered-page OCR)] provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 4. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this _ day of March, 2019 Alderman J. Beifuss _ Alderman L. Chassee ee Alderman J. Sheahan _ Alderman H. Brown ee Alderman A. Hallett a Alderman M. Ferguson a Alderman M. Birch-Ferguson_ Alderman S. Dimas ee Alderman C. Swiatek ee Alderman M. Garling ee Alderman R. Stout _ Alderman J. Short ee Alderman N. Ligino-Kubinski_ Alderman B. Gagliardi ee APPROVED as to form: City Attorney ADOPTED this day of March, 2019. Ruben Pineda, Mayor ATTEST: Nancy M. Smith, City Clerk PUBLISHED: Ordinance 19-O-0007 Page 2 of 3 ===== PDF PAGE 12 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” Subject Realty Legal Description Tax ID Number: 04-09-201-037 Lot 2 in Kaforski’s subdivision of part of the NE 1/4 of Section 9, Township 39 North, Range 9, east of the Third Principal Meridian according to the plat thereof recorded February 7, 1986 as Document R86-13058 in the Recorder’s Office of DuPage County, Illinois. Ordinance 19-O-0007 Page 3 of 3 ===== PDF PAGE 13 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “B” RECOMMENDATION NO. 2019-RC-0003 TO: Honorable Mayor and City Council SUBJECT: PC 19-04 Special Use Permits Phillip Saas/Dale Smith 123 N. Aurora Avenue DATE: March 5, 2019 DECISION: The Plan Commission/Zoning Board of Appeals unanimously (5-0 vote) recommended approval of two (2) special use permits to allow a motor vehicle repair shop and motor vehicle care center at the subject property. RECOMMENDATION: After holding a public hearing and after review of the requested special use permits, the Plan Commission/Zoning Board of Appeals recommended approval according to the following findings of fact: (1) Is necessary for the public convenience at that location or, the case of existing nonconforming uses, a special use permit will make the use more compatible with its surroundings: (This standard should be interpreted as indicating whether or not the proposed use is good for the public at that particular physical location, and not whether the use itself is needed there). The proposed motor vehicle repair use is best suited for an industrial or highly commercial area. The subject property is located on a dead end road with very close proximity to two railroad lines. The site is relatively small and due to its size and location, has limited potential uses. (2) Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected: The proposed use of the subject property should not adversely impact the public health, safety and welfare of the community. The site previously housed motor vehicle services and similar uses are in the adjacent building. (3) Will not cause substantial injury to the value of other property in the neighborhood in which it is located: The proposed motor vehicle repair use should not cause substantial injury to the value of other property in the neighborhood in which it is located. The use will occur inside an existing industrial building with limited parking outside of the building. ===== PDF PAGE 14 ===== [Extraction: OCR (rendered-page OCR)] (4) The proposed special use is designated by this code as a listed special use in the zoning district in which the property in question is located: The proposed special uses are listed in the West Chicago Zoning Code, 11.2-4 (C) — Motor vehicle repair shop and 11.2-4(GG) — Motor vehicle care center. The Plan Commission/Zoning Board of Appeals recommended approval of the special use permits subject to the following conditions of approval: 1. The west side yard and the rear yard of the property shall be fenced within 60 days of the special use permit approval. 2s All motor vehicles awaiting repair or being repaired shall be located inside the building. 3. All repairs shall take place inside the building. 4, The two parkway areas on the west side of the parking lot shall be graded and seeded with grass. Temporary landscape fencing shall be installed on perimeters of parkways. Respectfully submitted, Barbara Laimins Chairperson VOTE: Against Abstain Absent "ry fo} = Laimins Devitt Hale Kasprak Faught Dettman Henkin x ehelelalelal