CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Option A: Concur with the Planning and Zoning Commission and deny the request for a conditional use pursuant to Section 6-7C-3:2 to allow an existing non-conforming automobile service station to be expanded to accommodate additional U-Haul operations on the property located at 991 W Ogden Avenue (DEV-0026-2025); or
Option B: Concur with staff and the petitioner and pass an ordinance approving a conditional use pursuant to Section 6-7C-3:2 to allow an existing non-conforming automobile service station to be expanded to accommodate additional U-Haul operations on the property located at 991 W Ogden Avenue (DEV-0026-2025)
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Brad Iwicki, Assistant Planner
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered DEV-0026-2025 on April 16, 2025, and recommended denial of the request (6-0). Staff is supportive of the requested conditional use subject to the conditions noted in this report.
BACKGROUND:
The petitioner, Javier Altamirano, with authorization of the property owner, Henry Patel, has submitted a petition requesting approval of a conditional use to allow an existing non-conforming automobile service station to be expanded to accommodate U-Haul operations on the property generally located at the northeast corner of the W Ogden Avenue and Royal St. George Drive intersection. The property is zoned B3 General Commercial District and improved with a Marathon gas station and service center including a convenience store, gas station canopy and gas pumps. The City of Naperville Land Use Master Plan (2022) identifies the future land use of the subject property as Urban Center. The proposed use is compatible with this designation as the Land Use Master Plan specifies gas stations as an acceptable primary use in Urban Centers.
Project History
Prior to 2016, automobile service stations were permitted in the B3 district. Ordinance 16-108 amended Article C (B3 General Commercial District) of Chapter 7 (Business Districts) of Title 6 (Zoning Ordinance) of the Naperville Municipal Code by removing automobile service stations, repair facilities, and car washes when used in conjunction with the automobile service station from the list of permitted uses and reclassifying them as conditional uses in the B3 district (permitted subject to Planning and Zoning Commission review and recommendation, and a final decision by City Council). Concurrently, the amendment allowed automobile service stations, repair facilities, and car washes when used in conjunction with the automobile service station which were established prior to the passing of this ordinance to continue to operate subject to compliance with Chapter 10 (Nonconforming uses) of the Naperville Municipal Code.
Currently, the Marathon gas station on the subject property is existing non-conforming in the B3 district as it was established prior to 2016. Since 2019, the site also operates as a U-Haul Neighborhood Dealer which serves as a vehicle rental, pick-up and drop-off location and functions as an accessory use to the Marathon.
On July 31, 2024, following neighbor complaints and an inspection by the City, the property owner was issued a violation notice by the City’s Code Enforcement team for operating the U-Haul business without a Business Occupancy permit, placement of a refuse dumpster outside of a proper enclosure, a dilapidated fence in need of repair, and several U-Haul vehicles that were not parked on an approved surface. Planning staff contacted the owner and provided the steps to resolve each issue identified.
One of the requirements identified was expansion of the paved parking areas on the site to provide an acceptable surface for the U-Haul trucks to be parked on. However, since the Marathon gas station is classified as an existing non-conforming use, the requested expansion of the paved parking areas triggers the petitioner’s requirement to obtain a conditional use for the gas station at this time
DISCUSSION:
In order to bring all parking areas onsite into conformance with City requirements, the petitioner is proposing to excavate and resurface the gravel area behind the principal structure with asphalt and modify the parking configuration on the site as depicted in the Engineering Plans in the attachments.
U-Haul Operations
As noted above, U-Haul has been operating out of this site since 2019. The petitioner confirms that they are a reputable dealer in the area and consistently ranks the site within the top 10 in the western suburbs. The petitioner states that U-Haul works with customers by assisting in picking up and dropping off rental vans and trucks, and that scheduling can be done online or with walk-in customers. The subject property serves the Naperville community and surrounding areas.
Per the petitioner, the proposed parking expansion is necessary to provide a code-compliant surface for U-Haul trucks to be parked on and assist with the ingress and egress of U-Haul vehicles, which can be especially difficult during rush hour traffic. The petitioner intends to accommodate 9 trucks in the new asphalt area behind the convenience store, along with 4 trucks in designated parking spaces provided on the site, as shown in the Site Plan attached. They have confirmed that the number of trucks on the site has stabilized in the past three years and agree to limit the number of U-Haul trucks on the site to 13.
The U-Haul trucks will not be parked in any of the parking spaces which are required to be provided by Code for the gas station.
Proposed Improvements
The site currently has approximately 740 square feet of gravel on the northern portion of the lot that is planned to be removed from the site; and, the petitioner is proposing to add approximately 1,800 square feet of asphalt behind the existing commercial building for U-Haul vehicle parking to help employees and customers park and move trucks more freely. The proposed improvements have been reviewed by Engineering and comply with all City requirements, including drainage.
The petitioner states that the expansion of the parking area will reduce clutter, improve the overall appearance of the property, and allow for easier ingress and egress for trucks and cars on site.
Upon review of the proposed site improvements and parking area expansion, staff expressed screening/aesthetic concerns and operational concerns with the petitioner. To mitigate these concerns, the petitioner agreed to increase the height of fencing along the north, northeast and east property lines (which exceeds the standard code requirement for parking areas abutting residential property) and supplement the fencing with landscaping in the form of arborvitae. Additionally, all drive aisles and access points to the site shall remain free and clear of parked vehicles, and a Code compliant trash enclosure is proposed west of the commercial building.
Planning and Zoning Commission Action
The Planning and Zoning Commission considered DEV-0026-2025 on April 16, 2025, and recommended denial of the request (6-0). There were 10 members of the public who spoke on this agenda item. The public commented on concerns related to traffic safety and site circulation, lighting, screening, noise, and stormwater runoff. The PZC shared several concerns with residents, such as screening between the residential and commercial properties and lighting issues. The PZC agreed that more information was needed to make an informed decision. After discussion, the PZC closed the public hearing and voted to recommend denial of the petitioner’s request (6-0).
Changes Made Following the PZC Meeting
In response to concerns raised during the public hearing and the PZC’s recommendation of denial, the petitioner modified the proposed plans to address screening/aesthetic concerns and worked with City staff to address lighting violations on the site. The following changes have been made to the proposal since the PZC meeting:
• Fence height was increased from 6 ft. in height to 9 ft. in height along the north and east property lines.
• A 9-foot fence was added around the perimeter of the expanded parking area (in addition to the perimeter fence).
• Additional landscaping in the form of arborvitae was added around the perimeter of the site and around the expanded parking area.
• The number of U-Haul trucks to be permitted on the site was reduced from 15 trucks to 13 trucks.
• Autoturn exhibit was submitted showing turning path on site for both 24-foot and 34-foot-long trucks.
All project exhibits have been updated to reflect these changes. Staff is supportive of the modifications and finds that the increased screening and landscaping is responsive to concerns raised at the PZC meeting. Staff finds that the additional plan modifications will improve the aesthetics of the site and benefit surrounding property owners.
Recommended conditions for approval
Staff finds the petitioner’s requested conditional use to be appropriate, subject to compliance with the following conditions:
1. Fencing and landscaping shall be installed as depicted on the approved landscape plan. All landscape materials shall be maintained in good condition so as to present a healthy, neat and orderly appearance; shall be replaced when dead or dying; and, shall be kept free of refuse and debris. Fences, walls and other barriers, including refuse disposal areas, shall be maintained in good repair.
2. Code-required parking shall be maintained on-site at all times. (Based on a 2,085 sq. ft. convenience store, 10 parking spaces should be reserved for customers.) U-Haul parking on-site shall be restricted to a maximum of 13 trucks which shall only be permitted in the designated areas depicted on the approved site plan attached. All drive aisles on the property and all access points to the site shall remain free and clear of parked vehicles.
3. All exterior lighting on-site must comply with Section 6-14-4:3 (Exterior Lighting) of the Code, including the removal or modification of the spotlights directed towards the residential properties to the north of the Subject Property.
It should be noted that if the conditional use is denied, Marathon may continue to operate as an automobile service station and maintain the accessory use as a U-Haul Neighborhood Dealer so long as the U-Haul trucks are not parked in any of the 10 code-required parking spaces and are restricted to approved parking surfaces in compliance with the Municipal Code. Denial of the conditional use would only prohibit the proposed new asphalt expansion and while the gravel surface would be required to be removed, the petitioner would not be required to provide any additional screening at this time.
Findings of Fact
The petitioner’s responses to the Standards for Granting a Zoning Variance are attached. Subject to the conditions noted above, staff agrees with the petitioner’s Findings for the conditional use and recommends their adoption by City Council. The Planning and Zoning Commission was not in agreement with the petitioner’s Findings for the conditional use based on the information presented at the PZC meeting and recommended denial of the request.
All project exhibits have been updated to reflect these changes. Staff is supportive of the modifications.
FISCAL IMPACT:
N/A