REQUEST

1. A Land Use Variation to allow Motor Vehicle Repair, Major in the M-1 district.

2. A variation from Chapter 28, Section 6.12-1(3) Traffic Engineering Approval, to waive the requirement for a traffic study and parking analysis from a Certified Traffic Engineer.

STATUS

On November 16, 2015 the Village Board discussed a Land Use variation request to allow motor vehicle repair major, in the M-1 District for Hillside Auto Body and Service to be located at 25 E. University Drive. Significant discussions took place regarding when Hillside Towing would cease business operations at their current location, at 200 E. Palatine Road. As a result of this discussion, the above-referenced petition was tabled to allow the petitioner to respond with a time frame in which they would agree to cease operations at the 200 E. Palatine Road location.

In January, Robin Ward and Charles Perkins met with Colleen Balek and Samuel Tenenbaum representing Hillside. As a result of this meeting, Hillside submitted correspondence on January 19, indicating that they propose to cease business operations at 200 E. Palatine Road no later than December 31, 2018.

Additionally, during the January meeting, Hillside requested the ability to include a spray booth at the 25 E. University Drive location. Staff has no objections to the inclusion of spray booth at this location, so long as that at the time of permit submittal it meets all necessary building codes, fire codes and design standards. The proposed spray booth is proposed to be within a contained unit attached to the back of the building. Alternatively, it may be located within the existing building itself subject to code compliance. To allow the spray booth, a modification to Plan Commission Condition #6 is necessary and that modification is reflected in the Recommendation.

At the Village Board meeting on February 6, 2017, the matter was tabled again after discussion pertaining to the proposed condition to cease operations at their current 200 E. Palatine Road location.

On February 28, 2017 Robin and Charles met again with Colleen and Samuel. The purpose of the meeting was to further discuss a proposed condition in the ordinance to cease operations at 200 E. Palatine Road as stated in Hillside's January 19th correspondence. Subsequent to that meeting, Colleen sent an email, stating that Hillside would agree to the proposed condition if the Village agreed to support a Class 6b tax abatement for the University Drive property and to enter into a sales tax rebate agreement for redevelopment of the Palatine Road property. Staff responded that we do not believe the University Drive property meets the County's guidelines for a 6b and that we could not agree to a sales tax rebate when there is no current redevelopment plan in place for the property. As we have not heard anything further, we believe that Hillside is still unwilling to agree to a condition in the ordinance that matches the commitment set forth in their January 19 letter.

RECOMMENDATION

The Plan Commission recommends to the Village Board approval of a Land Use Variation for Hillside Auto Body and Service to permit Motor Vehicle Repair Major, in the M-1 zoning district and a variation from Chapter 28, Section 6.12-1 (3) to waive a formal traffic study and parking analysis.

This approval is contingent upon compliance with the recommendation of the Plan Commission and the following conditions detailed in the Staff Development Committee report dated October 22, 2015 and modified as relating to the painting of vehicles:

1. A new 10 foot tall vinyl solid fence shall be required along the perimeter of the site per Exhibit A (site plan).

2.  Landscaping shall be installed at the front of the building as illustrated on the floor/site plan.

3. The petitioner shall repair, fill and patch potholes and cracks in the storage lot.

4. The petitioner shall stripe parking spaces along rear of the building to accommodate employees, estimated at five employees.

5. An MWRD permit may be required for the sanitary system grease trap in order to conform with an  automotive use.

6. Junkyards and vehicle compactors/crushers are specifically prohibited.

7. Hours of operation shall be limited to 8:00am until 6:00pm Monday to Friday, and 8:00am to 12:00pm Saturday.

8. The petitioner shall comply with all Federal, State and Village regulations and policies.

In addition, a section will be added to the Ordinance stating: The Petitioner agrees that, no later than December 31, 2018, all business operations will cease at the 200 East Palatine Road property.