2022-22 Ordinance Granting a Conditional Use Permit in the M-2 Heavy Industrial District to allow for an Automotive Salvage Operations at 3696 Greenswitch Road

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In addition to the petitioner's required annual report submittal, City Staff will perform an annual inspection of the site to confirm all conditions are being met. City Staff will be providing annual inspection for all Conditional Use Permits approved by the City Council. The City Plan Commission voted 7-0 to recommend approval of the petition at the December 9, 2021 meeting. The minutes of the meeting are attached. BACKGROUND: The subject site is approximately 10.37 acres and currently contains a towing and tire business. The request to allow for a conditional use permit for an automotive salvage operations is to allow Shaner's Towing and Tire, Inc. to store and salvage automobiles and automotive parts. The petitioner's business of towing inoperable vehicles has increased triggering the need to expand the business on site for automobile salvage operations. According to Section XXIII.A.3. of the City's Zoning Ordinance, there are three standards which must be met in order to grant a conditional use permit. The first standard requires that the use be "necessary for the public convenience at the location."The petitioner's need for the CUP, as stated in their Business Plan, is to "safely and economically dispose of all vehicles that have not been reclaimed by vehicles owners. This will insure Shaner's Towing can have adequate space to function and so there will be no accumulation of vehicles that will create an"eye sore" in the City of Decatur." The proposed operations of Shaner's Towing is a needed use for the City's residents and the CUP will allow for the site to be used functionally for such use while the surrounding properties are protected. The proposed use also meets the second standard in which the facility is located and designed to be operated in a way the public health, safety and welfare will be protected. The proposed and existing site break fence along with the property being heavily wooded to the northeast and part of the west boundary will screen and secure the use from neighboring uses and roadways.The limited hours for the use of the vehicle crusher along with the maximum noise requirements in the CUP will provide further protection for surrounding properties. The petitioner has also met with the IL EPA and an environmental consultant to ensure the development and proposed use of the site does not have a detrimental effect on the natural creek and creek bed north of the lot. Last, the improvement to the property with the required conditions of the permit including the site break fence and screening requirements, maximum noise provisions, limited hours and use restrictions should not cause injury to the value of other properties in the areas meeting the third standard. Also, the proposed use with the required conditions in the Conditional Use Permit Ordinance is generally compatible with the surrounding area and consistent with the Comprehensive Plan and intent of the Zoning Ordinance. For further details, please refer to the attached Plan Commission staff report. POTENTIAL OBJECTION: There were no objectors present at the Plan Commission meeting. Objectors were present at the December 20, 2022 City Council meeting and had voiced concerns regarding the site not being able to be licensed through the State for both automotive recycling and towing operations. The Petitioner met with staff from the IL Secretary of State's office and provided City staff with an email from the IL Secretary of State confirming that a Tow Company