File #: 20-912    Version: 1
Type: Ordinance Status: Passed
File created: 8/10/2020 In control: City Council
On agenda: 8/18/2020 Final action: 8/18/2020
Title: Pass the ordinance approving a minor change to the conditional use for an automobile repair facility approved by Ordinance 20-031 for the subject property located at 2643 Forgue Drive (Firestone - Naperville) - PZC 20-1-066
Attachments: 1. Ordinance, 2. Exhibit A - Legal Description, 3. Exhibit B - PUD Plat, 4. Exhibit C - Standards, 5. Development Petition, 6. Letter to Naperville, 7. Case # 20-1-066 - Public Comment, 8. Case #20-1-066 - Public Comment #2
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Pass the ordinance approving a minor change to the conditional use for an automobile repair facility approved by Ordinance 20-031 for the subject property located at 2643 Forgue Drive (Firestone - Naperville) - PZC 20-1-066
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Erin Venard

BOARD/COMMISSION REVIEW:
Not required.

BACKGROUND:
On April 7, 2020, City Council approved Ordinance 20-031, a major change to amend Lot 11 of the Cantore Place Planned Unit Development (PUD), a conditional use to permit an automobile repair facility, and a Final PUD plat in order to develop an approximately 6,425 square foot automobile repair facility located at 2643 Forgue Drive. Ordinance 20-031 included a condition that restricted the auto repair facility to 40 decibels as measured 5 feet from the service bay doors. The petitioner, Jason Horowitz from GBT Realty, requests a minor change to the conditional use to alter this condition.

DISCUSSION:
The petitioner submitted responses to the standards for amending a PUD and conditional use as a part of their original development petition. These standards stated that the proposed automobile repair facility would result in low noise generation, specifically 40dB outside the service bay doors. As a result of this statement, staff included this metric as a condition of approval in the ordinance (Ordinance 20-031). Petitioner reviewed and approved the ordinance prior to approval by City Council.

The petitioner recently contacted staff to amend the condition. Prior to the transfer of the property, Firestone Tires notified the petitioner/property owner that they could not comply with the 40dB condition as noted in Ord. 20-031. Therefore, the petitioner/property owner requests to amend the Ord. 20-031 to strike the following language:
Section 2b) At no time shall Firestone-Naperville, or any subsequent automobile repair facility located on the Subject...

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