===== PDF PAGE 13 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 4. B. First Amendment to a Special Use Permit Frank’s Automotive, 927 West Washington Street FILE NUMBER: COMMITTEE AGENDA DATE: Dec. 14, 2020 Ordinance No. 20-0-0029 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE A= APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: On October 16, 2017, a Special Use was awarded to allow Frank’s Automotive to operate at 927 West Washington Street under Ordinance 17-O-0039. The site plan submitted subsequently included a board-on-board wood privacy fence. Instead, the petitioner installed a black-coated chain link fence with slats. The petitioner now seeks a First Amendment to the Special Use Permit to allow the chain link fence in lieu of replacing it with the already approved wood privacy fence. At its December 1, 2020 meeting, the Plan Commission/Zoning Board of Appeals conducted a public hearing to consider the First Amendment to the Special Use Permit. Members voted unanimously (6- Q) in favor of allowing the First Amendment and the chain link fence. ACTION PROPOSED: Consideration of the proposed the First Amendment to the Special Use Permit, Franks Automotive, 927 W. Washington Street. COMMITTEE RECOMMENDATION: Attachments: Draft Ordinance PC Report ===== PDF PAGE 14 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 20-0-0029 AN ORDINANCE GRANTING A FIRST AMENDMENT TO A SPECIAL USE PERMIT FOR AN AUTOMOBILE REPAIR SHOP, A SELF- STORAGE FACILITY, AND OUTSIDE STORAGE FRANK’S AUTOMOTIVE — 927 WEST WASHINGTON STREET WHEREAS, on or about October 27, 2020, Keith Parks d/b/a Frank’s Automotive, (the “APPLICANT”), filed an application for a first amendment to a special use permit with respect to the property legally described on Exhibit “A”, attached hereto and incorporated herein (the “SUBJECT REALTY”); and WHEREAS, the City Council approved multiple special uses for the SUBJECT REALTY including an Automobile Repair Shop, a Self-Storage Facility, and Outside Storage on October 16, 2017, according to Ordinance 17-O-0039; and WHEREAS, the approval granted by the City Council within Ordinance 17-O-0039 contained several conditions, including that the SUBJECT REALTY be developed in substantial conformance with the Landscape Plan prepared by Webster, McGrath & Alhberg, LTD., dated August 24, 2017 (the “LANDSCAPE PLAN”); and WHEREAS, the LANDSCAPE PLAN specified that an eight (8) foot tall cedar board-on- board fence be installed around the perimeter of the back portion of the property to comply with the screening requirements for outside storage contained in Section 11.2-1(C)(2) of the Zoning Code; and WHEREAS, despite the conditions contained in Ordinance 17-O-0039, the APPLICANT, without receiving prior approval, deviated from the LANDSCAPE PLAN and installed an eight (8) foot tall black coated chain link fence with slats; and WHEREAS, the APPLICANT is requesting a first amendment to Ordinance 17-O-0039 to allow the non-approved eight (8) foot tall black coated chain link fence with slats to remain in lieu of replacing it with the eight (8) foot tall cedar board-on-board fence that is indicated on the LANDSCAPE PLAN and required by Ordinance 17-0-0039; and WHEREAS, Notice of Public Hearing on said application for a special use amendment was published in the Daily Herald on or about November 16, 2020, 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 December 1, 2020, 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 Ordinance 20-O-0029 Page 1 of 7 ===== PDF PAGE 15 ===== [Extraction: OCR (rendered-page OCR)] 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. 2020-RC-0016, 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 a first amendment to a special use permit, in conformance with Sections 5.5 and 11.2-4(C), (T), and (H) of the Zoning Code, is hereby granted for the SUBJECT REALTY to allow an eight (8) foot black coated chain link fence with slats that was installed without prior approval to remain on the property in lieu of removing said fence and installing the eight (8) foot tall cedar board-on-board fence that is indicated on the LANDSCAPE PLAN and required under Ordinance 17-O0-0039. Section 2. That the SUBJECT REALTY shall be developed in substantial conformance with the Landscape Plan prepared by Webster, McGrath & Ahlberg, LTD., dated October 20, 2020, a copy of which is attached hereto and incorporated herein as Exhibit “C”. Section 3. That condition #2 in Section 1 of Ordinance 17-O-0039, which required the SUBJECT REALTY to be developed in substantial conformance with the LANDSCAPE PLAN be stricken in its entirety. Section 4. That all other conditions contained in Section 1 of Ordinance 17-O-0039 remain in full force and effect. Section 5. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 6. 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 , 2020. Alderman J. Beifuss Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman Ferguson Alderman Birch Ferguson Alderman S. Dimas Ordinance 20-O-0029 Page 2 of 7 ===== PDF PAGE 16 ===== [Extraction: OCR (rendered-page OCR)] Alderman C. Swiatek Alderman M. Garling Alderman R. Stout Alderman J. Short Alderman N. Ligino-Kubinski Alderman J. Jakabcsin APPROVED as to form: City Attorney APPROVED this day of , 2020. Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith PUBLISHED: Ordinance 20-O-0029 Page 3 of 7 ===== PDF PAGE 17 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” Subject Realty Legal Description LOT 2 IN WESTGO PROPERTIES 4TH RESUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 2016 AS DOCUMENT R2016-105619, IN DUPAGE COUNTY, ILLINOIS. Tax ID Number: 04-09-101-042 Ordinance 20-O0-0029 Page 4 of 7 ===== PDF PAGE 18 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “B” RECOMMENDATION NO. 2020-RC-0016 TO: The Honorable Mayor and City Council SUBJECT: PC 20-18 Special Use Amendment Keith Parks d/b/a Frank’s Automotive 927 West Washington Street DATE: December 1, 2020 DECISION: The Plan Commission/Zoning Board unanimously recommended approval of the special use amendment for the SUBJECT REALTY by a vote of six (6) “yes” and zero (0) “no”, subject to the site being developed in substantial conformance with the Landscape Plan prepared by Webster, McGrath & Alhberg, LTD., dated October 20, 2020. RECOMMENDATION After holding a public hearing and after review of the requested amendment to the special use permit, the Plan Commission/Zoning Board of Appeals recommended approval of the amendment and adopted the following Findings of Fact with its recommendation: (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: True. The uses of the property will not change from the originally approved Special Use Permit. The uses that were previously approved include an Automotive Repair Facility, Self- storage Facility, and Outside Storage. (2) Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected: True. The existing black coated chain link fence with slats is a more appropriate screen for the property than a wooden board-on-board fence. (3) Will not cause substantial injury to the value of other property in the neighborhood in which it is located: True. The existing black coated chain link fence with slats will not cause substantial injury or harm to property values in the neighborhood and will be compatible with surrounding properties. Ordinance 20-0-0029 Page 5 of 7 ===== PDF PAGE 19 ===== [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: True. The previously approved uses of the property will not change. The use of outside storage requires fencing to screen the storage area from adjacent view, per Section 11.2-1(C)(2) of the Zoning Code. Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Laimins Faught Devitt Hale Dettman Kasprak Henkin Ordinance 20-O-0029 Page 6 of 7 ===== PDF PAGE 20 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “C” (Insert Landscape Plan) Ordinance 20-O-0029 Page 7 of 7 ===== PDF PAGE 21 ===== [Extraction: OCR (rendered-page OCR)] ° b . 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