PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing to consider a conditional use pursuant to Section 6-7C-3:2 to allow an existing non-conforming automobile service station to be expanded to accommodate 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
ENTITLEMENTS REQUESTED:
A conditional use pursuant to Section 6-7C-3:2 (B3 General Commercial District: Conditional Uses) of the City’s Municipal Code to allow for an existing non-conforming automobile service station to be expanded to accommodate U-Haul operations on the property.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for DEV-0026-2025 was published in the Naperville Sun on March 30, 2025.
BACKGROUND:
The petitioner, Javier Altamirano, with authorization of the property owner, Henry Patel, has submitted a petition to request 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 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 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, 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. Since the Marathon gas station is classified as existing non-conforming, it cannot be further expanded without additional approvals. The proposed expansion of parking areas on the site to accommodate U-Haul vehicles thereby triggers the need to obtain a conditional use.
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 as depicted in the engineering plans in the attachments.
Per Section 6-7C-3 (B3 General Commercial District: Conditional Uses) automobile service stations established prior to August 16, 2016, may continue to operate subject to Chapter 10 (Nonconforming Uses) of the Code. The petitioner’s proposed parking area expansion conflicts with Chapter 10 as the parking area cannot be expanded beyond what is existing without further approval.
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 assist with the 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, along with 6 trucks in excess parking spaces provided on the site. They have confirmed that the number of trucks on the site has stabilized in the past three years.
Proposed Improvements
The site currently has approximately 740 square feet of crumbling asphalt that is planned for replacement; and, the petitioner is proposing to add 2448 square feet of new asphalt to help employees and customers park and move trucks more freely. The proposed new asphalt has been reviewed by Engineering and complies with all City requirements, including drainage.
Concurrent with the pavement expansion, a 6-foot commercial grade privacy fence is proposed along the majority of the north, northeast and east property lines, along with shrubs in the front and corner side yard; a 6-foot-tall fence is the standard screening required by Code for commercial uses abutting residential property. In addition, a Code compliant trash enclosure is proposed.
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.
Staff Analysis and Recommended Conditions
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 will be required to install a new 6-foot-tall fence along the north, northeast and east property lines (which is the standard code requirement for parking areas abutting residential property) to improve screening and buffering from adjacent residential uses. Additionally, all drive aisles and access points to the site shall remain free and clear of parked vehicles.
Since public notice was issued, and based on neighborhood feedback received, staff also requests the petitioner provide additional landscaping to further improve buffering from adjacent residential properties and to bring the existing lighting on the site into conformance with City requirements. The petitioner has indicated general agreement with these requests as provided in a written acknowledgement attached to this agenda item.
Recommended conditions for approval
Staff finds the petitioner’s requested conditional use to be appropriate, subject to compliance with the following conditions (final wording subject to change prior to City Council’s consideration):
1. A Landscape Plan shall be prepared depicting the new fencing to be installed, any landscaping that will be removed as part of the proposed improvements, and additional landscaping to provide a buffer on the north, northeast and east property lines. Landscaping may be in the form of arborvitae or comparable materials to provide visual buffering for adjacent residences. The Landscape Plan will be reviewed and approved by staff prior to this case being scheduled for City Council.
2. Code-required parking shall be maintained onsite 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 15 trucks which shall only be permitted in the areas depicted on a site plan to be prepared by the petitioner and approved by City staff. 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 onsite must comply with Section 6-14-4:3 (Exterior Lighting) of the Code, including the removal or modification of the spotlight currently 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 prohibit the addition of the proposed new asphalt areas.
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 variance and recommends their adoption by the Planning and Zoning Commission.
Key Takeaways
• The petitioner is requesting approval of a conditional use pursuant to Section 6-7C-3:2 of the City’s Municipal Code to allow for an existing non-conforming automobile service station to be expanded to accommodate U-Haul operations on the property located at 991 W Ogden Avenue
• Staff recommends approval of the requested conditional use subject to the conditions outlined in this report