===== PDF PAGE 11 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: +.B. Tuner World Auto Sales LLC 833 Industrial Drive FILE NUMBER: Special Use Permit COMMITTEE AGENDA DATE: Nov. 13, 2023 Ordinance No. 23-0-0039 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE Ags _ APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: Atif Hussain of Tuner Auto World Sales LLC has petitioned for approval of a Special Use Permit for the operation of internet based motor vehicle sales at 833 Industrial Drive. The subject property contains a 17,100 square foot multi-tenant industrial building located on the east side of Industrial Drive, approximately 800 feet south of Hawthorne Lane, in the M Manufacturing District. The petitioner is proposing to use one of the tenant spaces, approximately 5,000 square feet in size, for internet based auto sales. No site improvements are proposed nor are modifications to either the interior or exterior of the building. The petitioner also intends to utilize the space for automobile body and repair work in accordance with the existing special use permit under Ordinance 04-O-0093. Vehicle storage will take place within the tenant space only and no vehicles will be stored, kept, parked, displayed, offered for sale, or stored outside of the building. At their November 7" meeting, members of the Plan Commission voted unanimously (4-0, with two absent) in support of the Special Use Permit. ACTION PROPOSED: Discuss and recommend approval of the requested Special Use Permit for 833 Industrial Drive. COMMITTEE RECOMMENDATION: Attachments: Draft Ordinance PC Report ===== PDF PAGE 12 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 23-0-0039 AN ORDINANCE APPROVING A SPECIAL USE FOR INTERNET BASED MOTOR VEHICLE SALES 833 INDUSTRIAL DRIVE WHEREAS, on or about September 14, 2023, Atif Hussain of Tuner World Auto Sales LLC (the “APPLICANT”), filed an application for a special use permit for internet based motor vehicle sales for the property located at 833 Industrial Drive and legally described on Exhibit “A”, which is attached hereto and incorporated herein as the “SUBJECT REALTY”; and, WHEREAS, Notice of Public Hearing on said special use application was published in the Daily Herald on October 23, 2023, 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 November 7, 2023, pursuant to said Notice; and, WHEREAS, at the Public Hearing, the APPLICANT provided testimony in support of his 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 special use which contains specific findings of fact, pursuant to Recommendation No. 2023-RC-0010, 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. A special use for Internet Based Motor Vehicle Sales in conformance with Section 5.5 and Section 11.2-4(DD) of the Zoning Ordinance is hereby granted for the SUBJECT REALTY, subject to compliance with the following conditions: 1. No vehicles may be stored, kept, parked, displayed, or offered for sale, or stored outside of the building. 2. No display or signage may be installed on the property or on the exterior of the building which indicate the sale of vehicles. 3. All conditions contained in Ordinance 04-O-0093 shall remain in full force and effect. Section 2. 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 3. 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 23-O0-0039 Page 1 of 5 ===== PDF PAGE 13 ===== [Extraction: OCR (rendered-page OCR)] PASSED this day of , 2023. Alderman D. Beebe Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman C. Dettmann Alderman M. Birch-Ferguson Alderman S. Dimas Alderman J. Smith, Jr. Alderman C. Swiatek Alderman R. Stout Alderman J. Short Alderman J. Morano Ward 7 — Vacant APPROVED as to form: City Attorney APPROVED THIS day of , 2023. Mayor Ruben Pineda ATTEST: Executive Office Manager Valeria Perez PUBLISHED: Ordinance 23-0-0039 Page 2 of 5 ===== PDF PAGE 14 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” LEGAL DESCRIPTION LOT 5 IN WEST CHICAGO INDUSTRIAL CENTER UNIT 5, BEING A SUBDIVISION IN THE NORTHWEST FRACTIONAL QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1971 AS DOCUMENT R1971-062454, IN DUPAGE COUNTY, ILLINOIS. PIN 04-05-101-005 Ordinance 23-O-0039 Page 3 of 5 ===== PDF PAGE 15 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “B” RECOMMENDATION NO. 2023-RC-0010 TO: The Honorable Mayor and City Council SUBJECT: PC 23-11 Special use for internet based motor vehicle sales Tuner World Auto Sales, LLC 833 Industrial Drive DATE: November 7, 2023 DECISION: The Plan Commission/Zoning Board unanimously recommended approval of the special use for internet based motor vehicle sales for the SUBJECT REALTY by a (4-0) vote. RECOMMENDATION After review of the requested special use for internet based motor vehicle sales for the SUBJECT REALTY, the Plan Commission/Zoning Board of Appeals (PC/ZBA) recommended approval based on the following findings of fact. (A) Is necessary for the public convenience at the location or, the case of existing nonconforming uses, a special use permit will make the use more compatible with its surroundings. Motor Vehicle Sales, Internet Based, is a use that is best suited to be located within one of the City’s industrial corridors, such as Industrial Drive. Staffis of the opinion the petitioner has satisfied this finding. (B) Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. The tenant space has previously been designed and used for motor vehicle repairs and is suitable for use as an office and storage area for online motor vehicle sales. Staff is of the opinion the petitioner has satisfied this finding. (C) Will not cause substantial injury to the value of other property in the neighborhood in which it is located. The proposed use is consistent with other existing uses in the area. The proposed operation will have a relatively low intensity upon the space and area. Staff is of the opinion the petitioner has satisfied this finding. (D) 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 use of internet based motor vehicle sales is listed as a special use in the M Manufacturing District, per Section 11.2-4 (DD) of the West Chicago Zoning Code. Staff is of the opinion the petitioner has Satisfied this finding. Ordinance 23-O-0039 Page 4 of 5 ===== PDF PAGE 16 ===== [Extraction: OCR (rendered-page OCR)] Respectfully submitted, Barbara Laimins Chairperson VOTE: For Against Abstain Absent Laimins Banasiak Kasprak Slattery Henkin Billingsley Ordinance 23-O-0039 Page 5 of 5