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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: May 17, 2018
SUBJECT:
An Ordinance Granting a Special Use Permit for an Internet Auto Sales (2814) Use on the Property Located at 1175 South Frontenac Street
PURPOSE:
The Petitioner, ElusiveFX, Inc., is requesting approval of a Special Use for an Internet Auto Sales (2814) use on Lot 3 of Fox Valley East, Region II, Phase III, which is located at 1175 South Frontenac Street. Details of the request include use of the existing building for an onsite warehouse and office to support services for the online selling, indoor display, and shipping, of light motor vehicles for domestic customers.
BACKGROUND:
The Subject Property is zoned PDD Planned Development District zoning, which is located in Fox Valley East, Region II, Phase III. The property is located on Lot 3 of Unit 26. The existing building is approximately 121,000 square feet, with 127 parking spaces. There are two bay doors located on the east side of the building. The Aurora Comprehensive Plan designates the property as Office / Research / Light Industrial. Additional information regarding the legislative history of the property can be found in the attached Property Research Sheet.
The Petitioner, ElusiveFX, Inc., is requesting approval of a Special Use for an Internet Auto Sales (2814) use. As an online entity, this business will be conducting a majority of transactions via websites such as cars.com, Autotrader, and eBay. The business is focused towards collector cars ranging from the 1970s to the mid-2000s.
The building located at 1175 South Frontenac Street will be utilized by the Petitioner for office space for scheduled in-person meetings, product discussions, and providing information to clients. The warehouse and dock space will be utilized for the indoor display and storage of vehicles. Between 2,000 and 4,000 square feet of space will be utilized, with additional space available in the warehouse for future expansion. The building is presently occupied by Embossed Graphics, a light industrial printing business that will continue operation with the implementation of this Special Use, with the Petitioner utilizing excess space within the building for operations.
The Petitioner has taken great steps to secure this location, which not only serves the unique needs of the business, but also satisfies the following use standards of the Internet Auto Sales, per the Aurora Zoning Ordinance: "This category is comprised of fully enclosed establishments providing for the indoor retail sale of light motor vehicles with a maximum of five exterior parking spaces for customers and with the use being limited to the display of vehicles to customers by appointment only and related office use. No outside sales or displays and no advertising inviting the general public to the showroom shall be permitted." This use standard will ensure that the business does not set a precedent for outdoor used car sales in the surrounding business corridor, which otherwise consists of office and light industrial uses.
DISCUSSION:
Staff has reviewed the Special Use petition and have sent comments back to the Petitioner on those submittals. The Petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, Staff has received one public inquiry requesting additional information on this petition and raising concerns regarding reported outside detail work being performed on vehicles at the subject property.
POLICIES AND GUIDELINES:
31.1 (5): To promote the vitality of existing commercial centers within the commercial
hierarchy.
41.1 (1): To promote a balanced distribution of industries within the City.
51.1 (6): To promote the location and expansion of commercial activities within the
city consistent with the Comprehensive Plan.
RECOMMENDATIONS:
The Planning Commission recommended CONDITIONAL APPROVAL of the Ordinance granting a Special Use permit for an Internet Auto Sales (2814) use on the property located at 1175 South Frontenac Street, with the following conditions:
1) That all vehicles utilized for retail sale be stored permanently within the building.
2) That the use be limited to the display of vehicles to customers by appointment only.
3) That no outside sales, display, or advertising inviting the general public to the showroom be permitted.
4) That no car repair services occur at this location.
5) That no outdoor car detailing services occur at this location.
6) That a maximum of five exterior parking spaces for customers be provided.
7) That the business not occupy an area of the building that exceeds 4,000 square feet.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar History Report
Legistar Number: 18-0335
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Special Use Permit for an Internet Auto Sales (2814) Use on the Property located at 1175 South Frontenac Street
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Pauling, Richard S is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated April 6, 2018, ElusiveFX, Inc. filed with the City of Aurora a petition Requesting approval of a Special Use for an Internet Auto Sales (2814) use on Lot 3 of Fox Valley East, Region II, Phase III Subdivision located at 1175 S. Frontenac Street and related required documents as attached hereto as Exhibits "A" through Exhibit “B”; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on May 16, 2018, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on May 24, 2018, the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning Commission, finds that the proposed Special Use is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to Section 10.6 and Section 4.3 (2814) a Special Use permit is hereby granted for an Internet Auto Sales (2814) use for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Internet Auto Sales (2814) use and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said special use.
Section Seven: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “B” within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted specifically contingent upon the following conditions:
1) That all vehicles utilized for retail sale be stored permanently within the building.
2) That the use be limited to the display of vehicles to customers by appointment only.
3) That no outside sales, display, or advertising inviting the general public to the showroom be permitted.
4) That no car repair services occur at this location.
5) That no outdoor car detailing services occur at this location.
6) That a maximum of five exterior parking spaces for customers be provided.
7) That the business not occupy an area of the building that exceeds 4,000 square feet.
Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” is not developed in accordance with the special use the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of PDD(S) Planned Development District with a Special Use and upon termination of the use of said property for an Internet Auto Sales (2814) use, this Special Use permit shall terminate and the classification of PDD(S) Planned Development District with a Special Use shall be in full force and effect.
Section Eleven: That this Internet Auto Sales (2814) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.