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, APRIL 25, 2006

Chairman Fullmer called the meeting to order at 7:30 p.m. Secretary Lube called the Roll; the following members were present:

PRESENT: Chairman Richard Fullmer, Jr., Secretary Robert Lube, Mr. Edward Ziemba, Mr. Frank Thullen, Mr. Steven Jasinski, Ms. Cynthia Schulz, Ms. Tina Grotzke, Mr. Richard Toth,

ABSENT: Mr. Daniel Moss

ALSO PRESENT: Mayor LeGant, Ald. Michalczyk, Ald. Pondelicek, CDD Muenzer, Ald. Smetana, Ald. Von Drasek, Attorney Erik Peck, Ald. Conrad, MBA Hudson, CDP Swanson

PUBLIC HEARING

Chairman Fullmer read the Notice of Public Hearing to consider a final Resubdivision plat pursuant to Section 9-2-4, Chapter 9 of the Municipal Code in order to subdivide one lot into three single family lots on property commonly known as 9601 W. 57^th St., Countryside, Il 60525. The Applicant is Juvenal Garcia, located at 9601 W. 57^th St., Countryside, IL 60525. Attorney Erik Peck summarized the matter and stated that plans reviewed by the City Attorney, City Engineer and Community Development Department, has been approved. Tonight the request is up for final approval by the PC/ZBA. Mr. Jasinski moved to approve the subdivision from one lot to three lots on property located at 9601 W. 57^th St., Countryside, IL, seconded by Mr. Ziemba and carried by unanimous Roll Call vote – 8/0/1. This recommendation will go before the City Council at its Regular Meeting on May 10, 2006 at 7:30 p.m.

PUBLIC HEARING

Chairman Fullmer read the Notice of Public Hearing to consider the following on property commonly known as 6531 Willow Springs Road and 6419 Joliet Road:

1. Lot consolidation of said Tracts 1 and 2 into a single parcel to be legally described as set forth as Tract 3.

2. Zoning of said tract 3 as R-5D general residence district with a special use pursuant to Section 10-5E-2, Chapter 10 of the Municipal Code for planned developments for multiple-family and row dwellings on a parcel of five acres or larger.

3. Granting of a special use to permit the creation of a planned unit development upon said consolidated Tract 3 pursuant to Section 10-9-5-4, Chapter 10 of the Municipal Code of the City of Countryside.

The Applicant is Boomerang Properties, LLC, located at 1500 Parkside Lane, LaGrange, Il 60525.

Chairman Fullmer entertained a motion to open the Public Hearing in this matter. Mr. Toth moved to open the Public Hearing, seconded by Ms. Grotzke and carried by unanimous voice vote. Chairman Fullmer asked the Applicant and Interested Persons to stand and be sworn in en masse. Mr. Muenzer stated that the City has received Proof of Notice. Chairman Fullmer stated that the order of precedence will be for the Applicant to have individual experts make their presentation and then allow Board members and interested persons to question each witness.

Attorney Philip Fornaro, representing Applicant Boomerang Properties, LLC, and Gregory Serduke, Developer, seek consolidation of two parcels of property, 6531 Willow Springs Road (in unincorporated Cook County) and 6419 Joliet Road (currently Tooters tavern and also in unincorporated Cook County) into one parcel. Mr. Serduke introduced various experts to discuss specific aspects of the property including engineering, traffic study, architect, realtor, tax analyst and planner. They request a special use to allow for a planned unit development (PUD) and zoning to R-5D on 6.4 acres. Two variances are requested regarding increasing height from 35 feet to 75 feet, and increasing floor area ratio (FAR) from .35 to 1.03.

Gregory Serduke, Boomerang Properties, LLC owns the property and intends to build a 6-building condominium project on that combined parcel. Some of the benefits include eliminating severe mosquito infestation in that area, greatly improve drainage of the entire area and generate sales tax revenue for the City. Residents who move into the complex will spend considerable sums of money in the City. It will also eliminate an undesirable element, namely Tooters.

Mr. Charles E. Smith, architect, introduced the proposed site plan and two renderings produced by his office, Arete 3, Ltd. – two pieces of property with a combined total 6.4 acres. He discussed the site plan showing the one access off Willow Springs Road is directly opposite 65^th St. The planners created a buffer zone by providing two dry bottom detention ponds near the road with the two westernmost buildings located approximately 140 feet off the street proper. On entering the site a small landscaped median splits the traffic in each direction. Creation of a serpentine-like road provides differing views for building residents and discourages through traffic. The clock tower in the center is basically a traffic roundabout that should serve to deter traffic trying to take a short cut through the area and to slow down traffic within the property. They anticipate residents being empty nesters; on-site amenities include a walking path with benches and a gazebo and beautifully landscaped areas. All six buildings have indoor parking on the ground floor; garage doors do not face the street. Each building is six stories high and has 18 units, four condos (1,929 s.f.) on each floor and two penthouse units (2,200 s.f.) on the top floor. Landscaped roof top terraces feature wooden trellises; all units have private balconies. The penthouse level is recessed. Exterior construction is brick, stone and stucco in three distinct colors. The six buildings total 108 units. They will provide a buffer zone from the retail area to the south; height impact is minimized due to distance from the street. Mr. Smith completed his presentation.

Mr. Jasinski asked about underground parking to reduce height; Mr. Smith stated it is feasible however additional green space would be taken for ramps, etc. The units have 8’8 ceilings.

Chairman Fullmer allowed interested parties to question Mr. Smith. Re: his testimony.

Resident Laurie Givens, 1318 59 Pl., asked about the number of children and their impact on the school system. The condos are geared toward empty nesters so there will be no impact on schools. It will not be a strictly 55+ senior community so there is no guarantee regarding children, but these units are not conducive to children; they are two bedroom, two bath units with one indoor parking area per unit.

April Musik, 1401 W. 64^th St., asked how close the development is to her property on 64^th St. Mr. Smith stated that it is about the width of a football field. She is not happy with the closeness to her new home. Mr. Bruce Fadur, 1341 64^th St., asked why they chose to annex to Countryside – several factors including mainly sewer, water and no property taxes. Tom Hayes, 6410 Willow Springs Road, stated that the original plan called for 16 single-family homes, not this huge complex. The drainage and traffic flow dictates against the project. Attorney Peck and Chairman Fullmer advised residents to only ask questions of the witness; they may state their opinions at the end of the hearing. He asked residents to confine their questions solely to matters presented by the testimony. Mr. Serduke abandoned the 16-home concept when the Tooters property was added to the parcel.

Mr. Scapardini, 6320 Willow Springs Road, asked about the width of streets – 35-40 feet and how far apart are the buildings – 125 feet; the property is 320 feet wide. Barb. Scapardini, 6320 Willow Springs Road, asked about trees planted as a buffer. Evergreens range from 6-8 feet tall; trees should grow 18-20 feet tall; branch spread should be 8-12 feet wide. The buildings are 90 x110 feet wide. Mr. Serduke stated that 400 trees would be planted; altogether 2,995 plantings are provided for in the landscape plan. Additional questions and answers regarding amenities -no pool or workout room is planned for the facility.

The next witness to testify was Mr. Daniel Brinkman, transportation engineer, with Gewalt Hamilton Assoc., who stated that between 55-65 vehicles going in and out are projected for peak hours. They did existing traffic counts in March; the numbers stated are for low-rise condo developments. Residents tend to have fewer trips; empty nesters generate less traffic. Both roads are under the IDOT jurisdiction; plans have been submitted for approval; they propose two access points, one inbound, one outbound lane will be more than sufficient; no additional improvements are needed. The traffic roundabout is a substitute for a signalized intersection; this is a visual amenity which also acts to slow traffic as does the curvilinear road; it should be a very pedestrian- friendly slow volume, resident-oriented roadway.

Board member Schulz asked about parking spaces; each building has 20 enclosed parking spaces, one per unit and two for the penthouse. Other parking is available outside; City Code requires 216 parking spaces; 217 spaces are on site. Mr. Jasinski asked about the right in, right out on Joliet Road. Mr. Brinkman stated that is not really necessary; there is sufficient access at this point. Estimated traffic increase is less than 2% of present-day traffic.

Chairman Fullmer entertained questions from the audience to Mr. Brinkman. Jimmy Roti, developer of the strip mall at 6510 Joliet Road, enters and leaves his property 10-12 times per day and there are sufficient breaks in the traffic to be able to enter and leave Joliet Road in both directions. Tom Hayes, 6410 Willow Springs Road, stated that there are numerous accidents and school bus problems; will this increase the problem. New developments generate additional traffic; state funded improvements are needed. April Musik, 1401 W. 64th St., is also concerned about traffic. She asked what time of day the traffic counts were made. Mr. Brinkman stated that the times were 7-9 am and 4-6 pm – peak hour is 7:15-8:15 am and 4:45-5:45 pm, the busiest one-hour period. They have no control over school access points. Elaine Daley, 6014 Peck, lives on the north end and waits five minutes to get onto Willow Springs Road; all these developments affect traffic greatly. Cindy Berryman, 6006 Peck, stated this development creates a huge density issue, six acres, 108 units, 217 parking spaces to be placed among single-family one-half acre home sites. Mr. Brinkman stated that not all units will have two cars.

Chairman Fullmer has personal knowledge of facilities in Lake Hinsdale. Condo dwellers have one place per unit of indoor parking; that suits 90% of owners. Matt Musik, 1401 W. 64th St., asked how long a wait is it to turn left or right onto Joliet Road. The analysis revealed that the average wait during the evening peak hour is about 40 seconds; to turn left on Willow Springs Road the wait is 15.5 second per vehicle. He stated there are sufficient gaps in traffic to make left turns; this is based on the existing traffic pattern; only 35% of traffic uses Willow Springs Road, the balance travels east on Joliet Road. Mr. Musik disagreed with that assessment. Shirley Probosek, 6219 Edgewood, was a 30-year resident and realtor in the area. She also took exception to the ITE industry published standard analysis regarding estimated traffic generation based on her own experience as a long-time resident. She does not believe that only 35 cars will be coming out at peak hours. Donna Ramos, 1120 64^th St., suggested that a traffic light be installed at a single access point on Joliet Road. Mr. Brinkman stated that the intersection does not meet federal requirements for a traffic light based on volume. Mr. LeFever, 1739 LaGrange Road, asked if there were plans for a right or left turn lane on either road. Mr. Brinkman said there were no plans at this time.

The next witness was Patrick Haavig, project engineer, Heuer & Associates, who addressed drainage issues. Water service will come from Countryside with a water main running through the middle of the site. Sanitary service will come from LaGrange Highlands running down Joliet Road to the east. The six buildings require storm water detention in the form of two dry ponds connected with a culvert which eventually runs to the existing outlet at Edgewood and 64^th St. There is a third dry pond at the Joliet Road side between the two buildings; there will be no drainage to neighboring property in any direction. The ponds will not retain water; they will drain completely between storms. All water will be collected and self-contained. They will alleviate a drainage nuisance that is behind the Achievement Center. The significance of the restrictor is to allow release of water in an orderly fashion. All utility lines will be underground. Plans have been submitted to the City and the City Engineer must approve the design concept.

Board members stated that sanitary would be drained for all six buildings to the east down Joliet Road. Ms. Schulz asked if the property is on a flood plain. Mr. Haavig stated that the property is on top of a watershed, which is the natural topography or high point with drainage to the south for the Joliet Road buildings and drainage to the northwest for the other four acres. Developers cannot divert water from its natural runoff. Mr. Lube asked about a retaining wall – it would be along the north to cover the outlet pipe and also to separate the low area, perhaps 2-3 feet in height. Mr. Serduke stated that they are providing storm water management that is non-existent at this time for the entire area. The detention ponds can handle more than a 100-year storm. All water that is conveyed onto the property plus all water that the property generates will be stored in the detention areas and metered out as the downstream can accommodate.

Resident on 65^th and Willow Springs Road described how water flows to his property; how will that be drained? A 24 outlet is planned with an overflow weir that will provide a margin of safety for the ditches on the west and Willow Springs Road. The size of the restrictor is 5 å_; it is illegal for water to drain onto another’s property; discussion re: drainage route and the easement needed from two principal properties. Argument made regarding flooding of 64^th St. Bruce Fadur, 1341 W. 64th St., asked if they could mark the easement route with orange paint and flag it to show where it goes.

Question directed to Mr. Smith regarding the height of the garage buildings on Willow Springs Road. Mr. Smith stated that the grade is one foot higher than Willow Springs Road for the four buildings on the west. The two eastern buildings will be three feet lower than Willow Springs Road. The high point is in the middle of the property. The present grading was for the previous design and is no longer applicable. Shirley Probosek again discussed the storm water detention and maintained that 64^th St. will become flooded. Chairman Fullmer asked about the size of the detention ponds. The northwest pond is å_ acre and will hold 30,000 cubic feet of water. The southwest pond is half that size and will hold 15,000 cubic feet of water. Question asked was how long will water stay in the detention ponds after an average rainfall – the answer was six hours. After a 100-year storm the water may take one day to drain.

The next witness was Ed Hall, Coldwell Banker residential brokerage. He has done a market analysis of the property and discussed trends in the industry. He stated that for the past seven years the trend is toward construction of town homes and condominiums that are needed for the graying population, noting that 40-50% of purchasers come from a 5-10 mile radius. They studied 10 condo developments in west Cook and east DuPage counties; average square footage was 2,000, two bedrooms, two baths; that is not a family-type environment. They project a very small percent of transitional short-term living arrangements due to divorce and the job market; adult children move in with parents. Projected values they recommend are between $209-225 per square foot, which translates into the low $400s. They also projected the penthouses between the $450-475 range for these semi-custom condominiums.

Questions from the Board, Mr. Jasinski asked him to describe the property including amenities. Mr. Hall stated there will be mid to upper level cabinetry, stainless steel appliances, granite countertops, ceramic or stone floors, natural wood trim; other options are available. There are no basements; this is an urban-type development in the suburbs. Mr. Jasinski is concerned with the height. Ms. Schulz stated that this type of project is needed in Countryside. It is difficult to please everyone, she is all for it. Mr. Thullen stated there is definitely a need in the community; he is concerned with height. Mr. Hall stated that the lower profile of buildings set back from the street and the recessed penthouse, plus the natural screening allowed with sufficient green space and tree cover will minimize the visual effect of a tall building. Mr. Lube asked about the completion date – they expect to be completed by 2008. Elevators will be in all buildings.

Questions from the audience – Shirley Probosek, 6219 Edgewood, is concerned that this project is not marketed strictly to seniors. The building will have negative impact on homes on 64^th St. Mr. Hall stated that new construction increases land values. Matt Musik, 1401 W. 64^th St., had the same argument. Mr. Hall stated that this development will bring up land values in the neighborhood. Mr. Serduke stated that this development will put thousands of dollars into the school district with virtually no impact. Barb Scapardini stated that six stories is too high; other residents agreed. Laurie Givens, 1318 59th Pl., stated that there is plenty of stock on the market; this project is not distinguishable from other developments. Mr. Hall repeated that this is a self-contained community of unique units with balconies; people wish to remain in the neighborhood.

CDD Muenzer stated that developers are allowed to cover 35% with the building footprint and this project covers only 21% with building footprints; a PUD gives zoning flexibility. Developers have elected to have more common open space. Matt Musik is against the height of the buildings; they don’t have to be that tall; the developer should retain the 35′ R-5 limit. Mr. Jasinski asked if the height was kept to 35′, how many units would result – answer was 50-55, lessen green space, larger units, everything would be lessened. Units would become larger and perhaps attract families, which would impact schools. These are all variables to be considered. Chairman Fullmer noted that the audience should address this proposal and not discuss other situations not before the Board. Mr. Fornaro objected to the nature of the discussion and the fact that questions are not being asked. Bill Palter, 5647 Willow Springs Road, asked for findings as far as hard data and asked to see the Needs Analysis. Mr. Hall found that these types of development are needed because of the graying population; they are becoming the trend of today. Communities embrace them because they want to keep the population there.

The next witness, Philip McKenna, discussed the tax implication of the project. He is a financial adviser working principally with municipalities and is very familiar with the west suburban communities and the property tax base. He was asked to review the proposed development at the assumed values as just presented, and from that come up with calculation regarding property tax generated by the project if all units were sold and occupied by the end of 2008. Findings considered property taxes on a net basis; total market value as computed by Cook County would be $44 million; from that the EAV would be about $10 million. When multiplied by the tax rate for the most recent tax year for properties in this tax code, coming into the City of Countryside, the amount of taxes generated would be $740,000/year. That amount is about ten times the amount of property taxes coming from the property right now. What does this mean to the schools? Right now schools are receiving between $40,000-50,000. If this development goes ahead as planned, the first full tax year 2009, the schools will get between $450,000 – $500,000. The impact on schools is positive; all other taxing bodies will benefit as well. Property taxes cover generally $10,000 per student on a break-even basis. This development would need 45-50 students attending district schools to break even. If 16 single-family homes were built at a cost of $750,000 apiece, the additional property tax would be $150,000. Schools would get about $110,000 in taxes and most likely get more than 10-11 children, which would be a negative impact. The findings are: from a fiscal impact standpoint this is a huge positive for the community. The City gets no tax from the property. The project will likely produce additional sales tax for the City. Mr. Fornaro stated that as part of the application streets and maintenance of the project will be managed by the association; there will be no additional burden upon the city. There will be a fence between commercial and residential as required by City Code.

Staff recommendation by Mr. Muenzer – he stated that pages 8 and 9 are the Department Recommendations to approve the project; these pages will be made part of the record. To be considered for a PUD in Countryside 14 documents must be submitted prior to hearing – all of which have been submitted by the applicant. There have been probably 10 or more meetings with this developer to discuss these plans prior to this meeting. A lot of background information must be prepared in order to present the completed plan, including tax analysis, marketing analysis, construction schedule, proof of funding, following the City Code re: side yard requirements, etc.

The City Engineer wrote a six-page letter to the Building Manager regarding drainage and storm water management with 26 different comments. Mr. Muenzer received a call from the school district seeking to know the number of children; from a fiscal aspect the school district appears interested. He noted the City does have a plan for the Joliet Road Sub-Area that addresses commercial properties to the south. There are many businesses in that area that are very interested in the economic development of that parcel.

Before the Board are 12 staff recommendations for approval of the lot consolidation, for rezoning to R-5, and approval of the PUD. The one to focus on is project density; staff reviewed other multi-family condo projects in the City; they compared units per acre as proposed by Boomerang Properties with three other existing nearby condo projects within the City. Clocktower Pointe of Countryside is proposing 108 units on 6.4 acres; the density for this project is 16.8 units per acre. Forestview Condos at 6700 S, Brainard is 19.4 units per acre; Country Club Condos, 6600-6690 Brainard is 25.9 units per acre. Edgewood Valley Condos on 5^th Ave. Cutoff/Willow Springs Rd. is 32.5 units per acre. The proposed condo development at Brainard and Joliet Road to the east of this project, as it stands now, 41.7 units per acre. After looking at land use, density and lot coverage, the Staff recommendation is for approval of this project.

Mr. Fornaro submitted the Clocktower Pointe Condominium documents which contain all the documents submitted to the City, including the three exhibits, the traffic study, engineering studies and any other documents presented to the Board tonight as part of the record in this matter. Chairman Fullmer declared that all records have been received in evidence.

Chairman Fullmer asked Mr. Fornaro for his Closing Statement. Mr. Fornaro stated that the developer has gone through a very long process, as noted by Mr. Muenzer. He has spent countless hours listening to all recommendations and accommodating all requests. This project will benefit the community and the City, the Park District, the schools and businesses in Countryside, and is consistent with the Comprehensive Plan. Based on all the planning as set forth tonight, the Applicant requests consolidation of the two lots, requests the zoning change to the R-5D general residential zoning district, and requests that the special use be allowed for five or more acre parcels and grant the PUD for this project, and allow the two variances requested to accommodate building height and maximum floor area ratio. All other zoning requirements of the R-5D district have been complied with. He asked that the above requests be granted.

Chairman Fullmer requested that the Staff report be received in evidence and made a part of this record. He allowed each interested party to make a Closing Statement.

Rich Scapardini, 6320 Willow Springs Road, stated that there is no need for six story buildings; they will be an eyesore; the residents will suffer. Mr. Jaroslav, 64^th St., is concerned with flooding; who will be responsible if the street floods or basements flood. Mr. Peck noted he is posing hypothetical situations. Jim Roti, Countryside Auto Plaza, across the street from this property, believes that the new residents will greatly help business.

Shirley Probosek stated that responsible government doesn’t increase density for the dollars. She stated, as did other residents, that they had no knowledge about this hearing; a small rezoning sign was posted on the property. Information was not made available to the general public in time to review matters and have an opportunity to ask better or more precise questions. Mr. Muenzer stated that the City is required to post notice; that size of the sign is very typical of municipalities. They also have to publish newspaper notice 15 days prior to the hearing taking place. The City did meet all the requirements as stipulated by the City Code. The City of Countryside also has a period of time to honor the request for Freedom of Information Act documents. The request was sent to the City attorney for a copyright review opinion.

Mr. Jaroslav asked whether the developer must post a performance bond. How long will it take to finish the entire development. Mr. Hudson responded that the State of Illinois has specific Escrow Requirements for condominiums for a 12-month period. The City of Countryside also has a completion bond requirement on all construction for which permits are issued; this developer will be held to that same standard.

Matt Musik asked what benefit does the City get if they do not receive property tax money. Mr. Muenzer stated there is no direct tax benefit, however a spin-off economic benefit coming from sales tax revenue realized when residents’ spending potential increases in the area, making the commercial areas more desirable, which in turn provide sales tax to the City.

Highlands residents feel they are not represented by these Board members. Tom Hayes, 6410 Willow Springs, found out about the 108 condos on Sunday; he had no official notification, only by a flyer passed out in the neighborhood. He thought 16 homes were the proposal; considerable change and no notification. Other residents here stated they did not get certified mail notices. Mr. Muenzer stated that certified mail must be sent to residents within 300 square feet of the proposed development. He will review the list of receipts. Other residents, including Barb Scapardini, who lives within 300 feet discovered the hearing was tonight by flyers placed in mail boxes; they had no official notice. Residents continued to make objections to the project and oppose the height of the buildings.

Chairman Fullmer entertained a motion to close the evidentiary portion of this hearing. Mr. Lube moved to close the evidentiary portion of the hearing, seconded by Mr. Ziemba and carried unanimously.

Attorney Peck stated that the recommendation to consider the PUD as a special use with the building height variance and consolidation of the parcels. The second recommendation should be to rezone the subject property to R-5D. Mr. Jasinski stated that the third option is to take some time to deliberate the issues. He is concerned about less green space. Mr. Muenzer stated that maintenance of open space is important. Ms. Schulz stated that the buildings are very tall; all agreed that the project is needed.

Mr. Lube moved to approve recommendation of the PUD as a special use with building height variance and consolidation of the parcels commonly known as 6419 Joliet Road and 6531 Willow Springs Road, subject to review of the plat of planned unit development by the City Engineer, City Attorney, and Community Development Department, seconded by Chairman Fullmer and carried by unanimous Roll Call vote – 8/0/1.

Mr. Toth moved to approve recommendation to zone the property commonly known as 6419 Joliet Road and 6531 Willow Springs Road to an R-5D general residence district, seconded by Ms. Grotzke and carried by unanimous Roll Call vote – 8/0/1. Chairman Fullmer stated that this matter will come before the City Council at its Regular Meeting on May 10, 2006.

ADJOURNMENT

There being no further business to discuss, Mr. Lube motioned to adjourn, seconded by Mr. Ziemba and carried by unanimous voice vote.

Chairman Fullmer declared the meeting adjourned at 11:50 p.m.