TO: Mayor and City Council
FROM: Beth Beatty, City Manager
SUBJECT:
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Ordinance Approving a Special Use Permit to Allow a Used Car Dealership, Located at 1101 N. Broadway Street
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BACKGROUND:
Mr. Abraham Garcia, the property owner of 1101 N. Broadway Street, requests approval of this Special Use Permit so that a future tenant can sell used cars that have been repaired on-site or elsewhere. Mr. Garcia contends that the ability to sell cars at this location will make a long-term lease of the property more viable. This Special Use Permit request was tabled at the December 19, 2023, City Council meeting so that a new site plan for 15 used car sales could be prepared. The revised site plan for this property is attached, which shows 15 used cars, two customer parking spaces and two employee parking spaces. The site plan shows ingress and egress from Hutchins Street only and proposes blocking ingress and egress from Broadway Street with display vehicles. City staff has concerns with blocking the access along the Route 53 Illinois Department of Transportation (IDOT) right-of-way with vehicles as the site plan proposes.
In 2021 the city granted a Variation of Use to allow B-3 (General Business) uses at this location as well as Special Use Permit to allow light truck/ tractor cab tire repair and maintenance at this subject site. Mr. Garcia was the owner at the time, and he made improvements to the property, including updates to both buildings, removing junk and debris and new paving on parts of the property; however, Mr. Garcia decided to operate his light truck/ tractor cab tire repair and maintenance business elsewhere. Since 2021, the property has been used for vehicle repair which was previously approved under the Variation of Use that was issued in 1983.
As a condition of approval, staff is recommending that a public garage would not be permitted to operate alongside a used car dealership at this location should this Special Use Permit request for a used car dealership be approved. The garage may be used for repair and maintenance for cars that will be sold on-site or return to a public garage in the future should the used car dealership use be discontinued.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter at their November 16, 2023 meeting. Abraham Garcia, the property owner, represented the petition. Ms. Georgene Williams, 811 Elizabeth Street, Joliet, appeared in opposition to this petition. Two email comments in opposition to the petition due to traffic safety concerns were also received. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
Jim Riggs moved that the Zoning Board of Appeals recommend denial of the Special Use Permit request to allow a used car dealership at 1101 N. Broadway Street. Bob Nachtrieb seconded the motion, which passed with three (3) aye votes. Voting aye were: Ed Hennessy, Jim Riggs, and Pat McShane. Voting nay was Bob Nachtrieb. Ralph Bias abstained from voting.
RECOMMENDATION:
At the request of the City Council, a site plan has been prepared by the applicant that illustrates a used car sales lot for 15 vehicles. Based on direction provided at the December 19, 2023, City Council Meeting the Administration recommends that the Mayor and City Council adopt an Ordinance approving a Special Use Permit to allow a Used Car Dealership for 15 vehicles at 1101 N. Broadway subject to the following conditions:
1. That a used car dealership and public garage may not operate simultaneously. The property may continue repair and maintenance of vehicles that will only be sold at the subject property.
2. That the paved parking lot shall be striped per the approved conceptual site plan;
3. That no outside storage of display vehicles shall be allowed on the City parkway or City streets;
4. No temporary or long-term outdoor storage of inoperable vehicles, boats, recreational vehicles, or parts (including tires) shall be permitted;
5. That a City Business License shall be secured prior to opening;
6. That the Special Use granted shall herein terminate and lapse unless a building permit or certificate of occupancy is obtained not later than 180 days of the effective date of this ordinance and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant an extension of this period, valid for no more than one hundred and eighty (180) additional days, upon written application and good cause shown without notice or hearing. Whether or not there is an intention to abandon the Special Use, if any special use is discontinued for a continuous period of one year, or if an intent to abandon the Special Use is evident in a shorter period of time, the Special Use for such use shall become void, and such use shall not thereafter be reestablished unless a new Special Use Permit is obtained;
7. Failure to comply with any of the above conditions could result in a rehearing and a possible revocation of the Special Use Permit; and
8. Should the property be declared a public nuisance by the City Council, the property could be subject to a rehearing and possible revocation of the Variation of Use.
City Council approval of this Special Use Permit request requires a favorable vote of at least two-thirds of the members of the City Council since the Zoning Board of Appeals has recommended against the approval of the Special Use Permit request.
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