PC-ZBA Minutes - January
5th, 2010
MINUTES OF THE REGULAR MEETING
OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS
FOR THE CITY OF COUNTRYSIDE, IL
HELD IN COUNCIL CHAMBERS ON TUESDAY, JANUARY 5, 2010
Chairman Fullmer called the meeting to
order at 7:30 p.m. Secretary Lube called the Roll of members who
were physically present:
PRESENT: Chairman Richard Fullmer, Jr.,
Secretary Robert Lube, Mr. Jim Jasinski, Mr. Charles Stoub, Mr. Daniel
Moss, Ms. Tina Grotzke, Mr. Richard Toth, Mr. Crecencio Gonzalez IV.
ALSO PRESENT: Atty. Erik Peck,
Ald. Smetana, CDD Onderdonk, CDP Swanson, Fire Marshal Dan Tholotowsky
APPROVAL OF MINUTES
The first order of business was
approval of the minutes of the December 1, 2009 meeting. Ms. Grotzke
moved to approve the minutes as presented, seconded by Mr. Toth and
carried unanimously.
Chairman Fullmer stated the Rules of
Proceeding for the hearing before the Plan Commission – Zoning Board of
Appeals will follow a strict order of presentation. A sign-in sheet for
interested persons is located at the podium. This hearing is being
recorded. Please silence all cell phones and pagers.
PUBLIC HEARING RE: 7061 WILLOW
SPRINGS ROAD
Chairman Fullmer read the Notice of
Hearing, originally published on November 12, 2009 in The Doings
Newspaper and continued from the December 1, 2009 PC/ZBA meeting to
tonight’s meeting.
An application to rezone the
property at the real estate commonly known as 7061 Willow Springs Road
from the current “Retail” B-1 zoning classification to the “Limited
Service” B-2 zoning classification; and
A special use application to Section
10-6B-2 of the Municipal Code to allow a laboratory for research,
experimental and testing purposes at the real estate commonly known as
7061 Willow Springs Road, Countryside, IL 60525. The applicant is Mr.
Nicholas Malone, 1403 Sunset Terrace, Western Springs, IL 60558.
Chairman Fullmer stated that this
meeting was continued to allow the applicant to comply with previous
hearing fees; he has complied. Mr. Lube moved to open the Public
Hearing in this matter, seconded by Mr. Moss and carried unanimously.
Mr. Malone was sworn in by Chairman
Fullmer.
Mr. Swanson made the PowerPoint
presentation for the City, stating that this parcel is zoned B-1 Retail.
The property is 20,000 square feet; the estimated square feet of the
existing building is 2,500; the parcel is approximately 0.46 acres. The
property has one existing curb cut along Willow Springs Road. The
applicant desires to rezone the existing property from B-1 Retail to B-2
limited Service classification in an attempt to acquire a special use
designation to allow a research lab of approximately 500 square feet.
The subject property is bordered on the north by commercial properties
zoned B-1 retail, on the east by residential, on the west by Willow
Springs Road and Soehrman Park and on the south by the 71st
St. ROW. The photo indicates a two-story office building with retail on
the main floor and residential on the second floor.
The property history indicates that
the North Hampton Group appeared before the PC/ZBA in 2007 seeking a
variance for a front yard setback to construct a new office/retail
building of 4,800 s.f. PC/ZBA recommended approval with the City
Council concurring. The property owner submitted plans in late 2008 for
a building permit review; those plans were approved by TPI but the
application expired. The plan must be resubmitted due to the adoption of
the 2009 Illinois Energy Code; the initial plans were reviewed under the
2008 Illinois Energy Code. Mr. Malone appeared before the PC/ZBA in
December 2009 but was continued due to invoice arrearages. The current
site plan was approved by the PC/ZBA – a two-story retail/office
building with the front yard setback along Willow Springs Road. The two
renderings indicate the two-story brick façade structure with limestone
accents.
Mr. Malone, the proprietor of
Environmental Services and Midwest Laboratories has moved both
businesses into the 7061 WS Road property from the 6246 Joliet Road
location (also zoned B-1 Retail). Environmental Services is an office
business for a consulting engineering firm. The “Office” use is
permitted in the B-1, B-2 and B-3 zoning districts. Midwest
Laboratories is a microscopy lab used to test air samples for abatement
projects. The “Lab” use is a special use in the B-2 and B-3 zoning
districts. Midwest Laboratories has the proper certification from the
EPA for permission to test for bulk and airborne asbestos fiber
analysis. Section 10-6B-2 states that Laboratories (medical, dental,
research, experimental and testing) are allowed as a special use in the
B-2 “Limited Service” zoning classification.
The City and Mr. Malone have come to
an agreement to license that portion of the 71st St. ROW for
parking. The Commission may place certain conditions prior to
recommending the Special Use, such as in-lieu sales tax – for the
Midwest Labs business, provide sprinklers for the entire building and
set a timetable for the new construction. That concludes the City’s
presentation.
Mr. Nicholas Malone discussed
Midwest Laboratories and his 22-year occupation of the structure at 6246
Joliet Road. He tried to purchase that building in 2007 although it was
in bad shape because his lab was there. The deal fell through and in
October he was given 30 days to move out; the building is vacant at
present. All his equipment is at 7061 Willow Springs Road; his lab is
not operational at this time. It is an environmental lab and not a
research lab; they do air sample analysis on site – wherever they are
called. The electron microscope costs $550,000 and has special
requirements and is extremely sensitive to vibration. The lab does bulk
analysis – for asbestos primarily. The lab will take up 500 s.f. of the
current building; the plan submitted in 2007 was approved in 2008 and
reviewed by TPI in 2009 when zoning became an issue. He has continuously
worked in the B-1 retail zoning district for 22 years without any
problem. He wants to stay in Countryside and hopes to work out a plan
with the City.
Chairman Fullmer stated that
according to correspondence received on November 9, 2009, the applicant
intends to build a new building on this site; that will require a new
permit, IDOT and MWRD approval. Mr. Malone stated that there will be two
main floors and a garden basement; Midwest will take the garden level on
the north end; they hope to get retail on the main level and office
space or medical. He anticipates a two-stage construction project, when
the building is 60% completed, he will move in and knock down the old
building and then continue with the new construction. The building is
designed for each floor to be split into 2,200 s.f. segments, or
one-half the entire floor space. The four-foot garden level will be his
new office. They will need a third permit review; they will provide an
additional ten parking spaces. IDOT will approve a second curb cut which
assists with traffic flow. The electron Microscope costs $60,000 to
move. He stated that his lab analyzes data in an office setting. In
that sense it is not a strict research or testing lab. This is a lab in
name only. He used this same microscope for 22 years with B-1 zoning.
The current property is zoned B-1. The Board’s main concern is changing
the zoning from B-1 to B-2.
Fire Marshal Dan Tholotowsky of
Pleasantview Fire District stated that the existing building does not
need sprinklers if it will be razed during this calendar year. The new
building will be 100% sprinkled. Chairman Fullmer read the permitted
uses in the B-2 zoning classification. Ald. Smetana asked whether it is
possible to change the Code language to allow his lab to be in the B-1
zoning district as a special use – it is an analytical facility and not
a research lab. The only liquid used is acetone. Attorney Peck stated
that the PC/ZBA could make that recommendation to the City Council. Mr.
Onderdonk stated that it would require a text amendment to the Ordinance
to allow the facility as a special use in the B-1 district. After
discussion, Chairman Fullmer and Board members agreed that changing the
classification to make it a special use in the B-1 district is an
excellent compromise.
Mr. Peck stated that this Board must
make a finding that the Building Department was incorrect in their
determination that Midwest Labs is a research lab under the definition
of the B-2 zoning district and that this facility falls under the B-1
zoning classification as another business not specifically listed in B-1
but having economic compatibility with other established uses on
adjoining properties in the B-1 classification. This is not a lab but an
analytical facility; there is no chemical testing done here. The Board
has the final word in reviewing the decision of the Building Department
in light of the new information presented to the Board tonight.
Board members agreed that this
business is an analytical facility that falls under the B-1 zoning
classification and recommend granting a special use for this analytical
facility given the past history, pursuant to certain conditions: -
construction must begin in the calendar year 2010 in accordance with
photographs depicted in Applicant’s Exhibit A, construction to commence
within one year of permit approval or lose the special use status.
Further discussion took place regarding the phased construction. The
plan is submitted as one building based on the overall total square
footage of the entire building. The site plan remains as is to be built
in two phases – 8-10 months for the first phase; construction on Phase 2
must begin within six months of completing Phase 1.
Mr. Malone made a very brief closing
statement; he is anxious to remain in Countryside.
Ms. Grotzke moved to close the
Public Hearing in this matter, seconded by Mr. Lube and carried by
unanimous voice vote.
Ms. Grotzke moved to recommend that
the applicant is not a laboratory but rather an analytical facility that
falls under the special use in the B-1 zoning classification rather than
B-2. The PC/ZBA recommends granting a special use to the applicant in
the B-1 zoning classification with the following conditions: that
construction be in compliance with Petitioner’s Exhibit A, commence
within one year of the granting of the special use; that construction is
anticipated in two phases – within six month of completion of Phase 1,
applicant must commence construction of Phase 2 on the property commonly
known as 7061 Willow Springs Road, seconded by Mr. Toth and carried by
Roll Call vote – 7/1 Chairman Fullmer opposed. This matter will come
before the City Council at its Regular Meeting on January 27, 2010. Mr.
Malone will provide Mr. Swanson with detailed plans for Phase 1 and
Phase 2 construction.
ELECTRONIC SIGN DISCUSSION
Due to the lateness of the hour,
Chairman Fullmer continued that matter to next month’s meeting. Board
members will undertake review of the foot candle readings provided by
Mr. Onderdonk and visit the ten sites to compare brightness of
electronic signs.
OTHER BUSINESS
Mr. Peck stated that next month the
Board should review the M-1 zoning classification regarding the
application of Cooper’s Hawk Restaurant & Winery. They seek to relocate
their headquarters and distillery to the manufacturing district in
Dansher Park, to provide wine tasting and the retail sales of wine. The
current zoning prohibits bottling of alcoholic liquors and the sale of
alcoholic beverages. The Community Development Department will present
potential text amendments which would permit the sales of alcoholic
beverages and the production of alcoholic beverages in the M-1 “Limited
Manufacturing” zoning district. The potential facility for the Cooper’s
Hawk site is the former Crown Lift property on Plainfield Road.
ADJOURNMENT
There being no further business to
discuss, Mr. Toth moved to adjourn the meeting, seconded by Ms. Grotzke
and carried by unanimous voice vote.
Chairman Fullmer declared the
meeting adjourned at 9:00 p.m.
RICHARD FULLMER, JR., CHAIRMAN
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