CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
title
Option A: Concur with the recommendation of the Planning and Zoning Commission and staff to deny Jet Brite’s request for annexation, rezoning, and a PUD use deviation to allow a car wash in the B2 zoning district - PZC 22-1-110; or
Option B: Concur with the petitioner and refer petitioner’s requests, including a PUD use deviation to allow a car wash in the B2 zoning district, to the Planning and Zoning Commission for an additional public hearing to consider Petitioner’s proposed modifications - PZC 22-1-110
body
DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Allison Laff, AICP, Deputy Director
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission conducted the public hearing regarding Jet Brite (PZC 22-1-110) on March 15, 2023. Following the petitioner’s presentation, twelve members of the public spoke in opposition to the request. PZC members inquired as to potential improvements to reduce on-site noise, other Jet Brite locations, and the proposed zoning requests. At the conclusion of their discussion, the PZC voted against (5 against; 3 in favor) a motion to approve Petitioner’s zoning requests in PZC 22-1-110 notwithstanding proposed conditions that a 10’ fence be installed that music be prohibited along the residential property line, and that the petitioner should consider closing one hour earlier.
BACKGROUND:
The subject property is located at the northeast corner of the 83rd Street and Route 59 intersection in unincorporated DuPage County. The property is approximately 2.3 acres and is currently vacant. The subject property abuts residential properties to the east (Aero Estates), a business and residential property to the north, a bank to the south and a church (across Route 59) to the west in the City of Aurora.
The petitioner, JB Development, Inc., seeks to improve the subject property with a 6,370 square foot car wash facility and associated 43 space surface parking lot. The car wash would include three-stacking lanes, which would permit up to 42 cars to stack on site while waiting to use the car wash, as well as 39 vacuum stalls serviced by two vacuum turbines. The stacking lanes, stacking spaces, and vacuum stalls are located in close proximity to the residential properties to the east.
The petition requires the following entitlements:
- Annexation and Rezoning to B2 (Community Shopping Center District)
- Preliminary/Final Subdivision Plat
- Conditional Use for a Preliminary Planned Unit Development
- PUD Use Deviation to Permit a Car Wash Facility
DISCUSSION:
Plan Modifications Post PZC Review
Since review of Jet Brite by the PZC on March 15, 2023, the petitioner has made modifications to their proposed development, namely replacing the prior 6’ tall fence located along the eastern property line (adjacent to residential) with a 12’ tall sound wall; proposing installation of a storm sewer along the eastern property line; increasing site landscaping; and proposing the installation of a right-turn lane from 83rd Street onto Route 59.
Updated plans reflecting these changes, as well as updated sound and traffic studies, are attached to this agenda item; the proposed changes are further discussed in a letter from Mike Roth, petitioner’s attorney, dated August 14, 2023 (attached).
Current Request
In his August 14th letter, Mike Roth also requests that the Jet Brite petition be referred back to the PZC for further review of the modified plan. Per Section 6-3-3:2.2 (Zoning Decisions by the City Council), modifications to a zoning petition are not required to be sent back to the PZC for review unless those modifications significantly alter the intent and concept of the proposal or result in new variances or deviations.
Staff does not find that the proposed changes represent a significant alteration of the plan’s intent, nor do they trigger new variances. Accordingly, additional PZC review of the plan modifications is not required per this Code section. However, this Code section also provides the City Council with the option to refer a case back to the PZC for further review should they choose to do so.
However, referring the case back to PZC will not cure the fact (discussed further under the “PUD Use Deviation” section below) that even with the modifications proposed by petitioner, petitioner cannot meet the criteria for a PUD use deviation which would be required in order to proceed with the proposed Jet Brite car wash on the subject property.
Options for 9/5/23 City Council Meeting
The City Council has two options for consideration at their September 5, 2023 meeting:
Option A: Concur with the recommendation of the Planning and Zoning Commission and staff to deny Jet Brite’s request for annexation, rezoning, and a PUD use deviation to allow a car wash in the B2 zoning district.
- Staff Comments on Option A: As described below, staff continues to recommend denial of PZC 22-1-110, even with the additional proposed plan modifications, finding that the required standards for a PUD Use Deviation have not been met for the subject petition (further discussed below). If the majority of City Council votes in favor of Option A, the case will be considered denied and no further work will be done on this petition.
Option B: Concur with the petitioner and refer petitioner’s requests, including a PUD use deviation to allow a car wash in the B2 zoning district, to the Planning and Zoning Commission for an additional public hearing to consider Petitioner’s proposed modifications.
- Staff Comments on Option B: City Council should select this Option if they find that the petitioner’s zoning requests, namely the requested PUD use deviation, meet the standards for approval as provided in the Code and would like the PZC to gather input on the additional changes being proposed. If the majority of City Council votes in favor of Option B, an additional public hearing will be scheduled before the Planning and Zoning Commission (with notice provided by the petitioner). Following a PZC vote, staff would then prepare an annexation agreement and ordinances approving PZC 22-1-110 for City Council consideration at a future meeting.
Initial Staff Review of Entitlements Requested
Since initial conceptual review, staff has advised the petitioner that the proposed use at this location would not be recommended by staff. These concerns were reiterated with the petitioner between April - September 2022 (prior to submittal of the petition for PZC 22-1-110 in October 2022).
Upon formal submittal, staff provided many plan review comments to the petitioner in order to bring the required plans (i.e., landscaping, engineering, etc.) into technical compliance with the Code. However, at no point did staff indicate support for the underlying zoning requests or proposed car wash facility. Staff continues to recommend denial of the proposed development finding that the petition does not meet the standards for a PUD Use Deviation, as described below.
PUD Use Deviation
The petitioner is seeking to rezone the subject property to B2 upon annexation with a PUD Use Deviation to allow an otherwise unpermitted B2 use to be located on the property.
Staff finds that the B2 zoning is appropriate for the subject property and is consistent with the B2 zoning in place for Best Buy Carpet and Granite (located north of the subject property at 1624 Illinois Route 59) and the shopping center located at the southeast corner of Route 59 and 83rd Street.
However, stand-alone car washes are neither a permitted nor conditional use in the B2 zoning district. Car washes are first permitted as a conditional use in the B3 (General Commercial) zoning district. Staff does not support B3 zoning for the subject property finding that it is too intense and that it is inconsistent with the zoning of the majority of commercial properties located along Route 59 (which are predominantly zoned B2).
As noted above, because the B2 zoning district does not permit car washes, the petitioner is seeking to establish a PUD for the subject property along with a PUD Use Deviation in order to permit the Jet Brite car wash. The petitioner’s responses to the standards for a PUD Use Deviation are attached; staff does not concur with the petitioner’s responses and finds that the standards for a PUD Use Deviation cannot be met in the subject petition. Staff has provided additional comments below.
Section 6-4-3:12.2 (PUD Use Deviations)
Per this Code section, consideration may be given in certain instances for deviations to permit a use which is not permitted or conditional in the zoning district in which the PUD is located as set forth below. The City Council shall have the discretion to determine whether the petitioner has satisfactorily demonstrated that the criteria set forth below has been met so as to merit granting the unusual relief of a PUD use deviation.
12.2.1 Unique and unusual circumstances are present.
The petitioner has indicated that the B2 zoning, which is established along Route 59 (including the parcel north of the subject property) and recommended for the subject property, does not permit car wash facilities. The petitioner notes that “due to these circumstances, the petitioner is requesting the use deviation to the B2 zoning district”.
Staff Response: Staff finds that the recommended B2 zoning of the subject property is appropriate and consistent with surrounding commercial properties along Route 59. Staff does not find that the subject property presents any unique or unusual circumstance which would warrant the introduction of B3 uses on it.
12.2.2 The requested use deviation will not have an adverse impact on current uses in the PUD.
The petitioner notes that the PUD “consists of only one lot for the proposed car wash facility and therefore, the use deviation request will not have an adverse impact on the current uses in the PUD”.
Staff Response: Staff finds that this response is an acknowledgment that the requirements noted in Section 12.2.3 (below) cannot be met with the current request.
12.2.3 The requested use deviation will be incidental to the principal use of the PUD as principal use is defined in Section 6-1-6 of this Title.
The petitioner has indicated that “the use deviation will be incidental to the intent of the planned unit development and will not request relief from the requirements of a planned unit development per the City’s municipal code”.
Staff Response: As noted above, the car wash is the only improvement in the proposed PUD. Therefore, it cannot be incidental to a principal use of the PUD as the car wash is the principal use of the proposed PUD. Therefore, this criteria cannot be met.
12.2.4 The requested use deviation will not have an adverse impact on adjacent properties that would be significantly different than the permitted or conditional uses allowed in the underlying zoning district.
The petitioner notes that the requested use deviation will provide a use noted in the comprehensive plan and would be no different in development whether it be a permitted or conditional use in the B2 zoning district.
Staff Response: A stand-alone car wash is first permitted as a conditional use in the B3 zoning district. The B3 zoning district is the most intense commercial zoning district in the City of Naperville. It is important to note that the B3 district previously permitted car washes by right but was amended in 2016 to require conditional use approval in recognition of the potential impact that car wash facilities may have on surrounding properties.
While the petitioner is proposing site improvements, such as a sound wall and landscaping to buffer the impacts of the proposed car wash facility, staff continues to find that the underlying use is significantly more intense than the B2 uses that would be permitted on this property.
12.2.5 One or more of the following criteria are present:
a. The requested use deviation would achieve a [Comprehensive Plan] land use goal.
The petitioner has indicated that the City’s future land use plan identifies the future land use of the subject property as City Corridor and that “City Corridor identifies auto oriented uses such as a car wash as an acceptable use for this area”.
Staff Response: The City’s Land Use Master Plan does identify the subject property as City Corridor. The City Corridor designation permits a variety of potential zoning districts (B2, B3, OCI, TU), as well as a variety of uses (including auto oriented uses). However, inclusion in the City Corridor designation does not mean that each property is permitted the most intense zoning district or possible uses; rather, the zoning recommended for each parcel is dependent upon a number of factors specific to that parcel, including surrounding zoning and existing improvements. The recommended B2 zoning for the subject property (and its associated uses) is consistent with the City Corridor designation. The B2 zoning district does not permit stand-alone car washes.
b. The requested use deviation would satisfy an unmet market need as evidenced by a market study or other similar report.
The petitioner has submitted a market analysis (attached).
Staff Response: No further comment.
c. The requested use deviation is likely to benefit existing uses in which the PUD is located.
The petitioner indicates that the proposed car wash will “complement the existing businesses and enhance the commercial services that are available to the residents and transients along the Route 59 corridor”.
Staff Response: Since the proposed car wash is the only use to be included in the proposed PUD, it cannot benefit any other existing uses in the PUD (since there are and will be none).
d. The requested use deviation is appropriate due to other circumstances or conditions specific to the PUD, including but not limited to, extended and/or high rate of vacancies or changing market conditions.
In response to this item, the petitioner has indicated that the “requested use deviation is required due to the required B2 zoning as noted [above], unique and unusual circumstances”.
Staff Response: As noted above, staff does not find that the subject property exhibits any unique or unusual circumstances. Furthermore, because the property is currently vacant, staff notes that there has been no extended or high rate of vacancies at the subject property.
Staff Recommendation
Based on the information included above, staff recommends that Council concur with the recommendation of the Planning and Zoning Commission and staff to deny Jet Brite’s request for annexation, rezoning, and a PUD use deviation to allow a car wash in the B2 zoning district [Option A].
FISCAL IMPACT:
None