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, DECEMBER 7, 2010

Chairman Fullmer called the meeting to order at 7:30 p.m. Secretary Lube called the Roll of Members 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, Mr. Mark Benson.

ABSENT: Mr. Charles Stoub.

ALSO PRESENT: Atty. Erik Peck, Ald. Pondelicek, Ald. Smetana CDP Swanson, Fire Marshal Dan Tholotowsky, Fire Inspector Joe Lyons

APPROVAL OF MINUTES

The first order of business was approval of the minutes of the November 3, 2010 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: 9901 AND 9945 WEST 55^TH STREET

Chairman Fullmer read the Notice of Public Hearing for the following zoning applications published in The Doings Newspaper on November 18, 2010:

To consider a Plat of Consolidation of three lots into one lot at the real estate commonly known as 9901 and 9945 West 55^th Street:

To consider a Plat of Consolidation of Lots 1 and 2 in Ahern’s Subdivision and Lot 7 in Val’s Resubdivision pursuant to Section 9-2-3 and 9-2-4, Chapter 9 of the Municipal Code of the City of Countryside;

To consideration of a Rezoning of 9901 and 9945 W. 55^th Street from the existing B-1 retail classification to the B-2 limited service zoning classification in order to permit an automobile parts and accessory store:

To consider a rezoning of 9901 and 9945 West 55^th Street from the existing B-1 retail classification to the B-2 limited service zoning District pursuant to Section 10-6B-1; Consideration of variances to permit the installation of a freestanding sign:

To consider a variance to Section 8-5-9 (B-1) to permit an additional freestanding sign to a lot which contains two freestanding signs;

To consider a variance to section 8-5-9 (B-2) to permit a freestanding sign which is located closer than five feet of any public right of way;

To consider a variance to Section 8-5-9 (B-3) to permit a freestanding sign with a height of 15’0 instead of the maximum height of 13’2;

At the real estate commonly known as 9901 and 9945 West 55^th Street, Countryside, IL 60525.

Attorney William Bazianos, on behalf of the applicant, Mr. Bockos, was sworn in by Chairman Fullmer. Proofs of Notice have been received by the Building Department. Mr. Jasinski moved to open the Public Hearing in this matter, seconded by Mr. Toth and carried unanimously.

CDP Mr. Swanson presented the Staff report: the property at 9901 and 9945 W. 55^th Street; the parcels are zoned B-1 retail; estimated size of the three lots is 88,381 or 2.02 acres. 9901 is Harry’s Sports Bar; 9945 is Pepe’s Mexican Restaurant. The applicant is requesting rezoning of B-1 retail to B-2 limited service classification, sign variations and a Plat of Consolidation. The property is surrounded by commercial establishments on two sides; the south side is residential. An aerial photo of the property depicts the three locations and their respective dimensions and parking capacities.

Pepe’s Restaurant (2,500 s.f.) is next to the former Aldi’s Store (10,250 s.f.) vacant for the past five years. To the east is Harry’s Sports Bar (9,200 s.f.). Mr. Bockos is the property owner of all three lots. The NAPA Auto Parts Store is a permitted use in the

B-2 classification; the applicant requests rezoning from B-1 to B-2 for this purpose.

The applicant seeks consolidation of three lots into one lot which will meet the parking demands of all three businesses; required parking must be located on the parcel it serves. Parking will be dispersed evenly and restriping must occur of the entire lot. NAPA desires to install a new freestanding sign and wall signage on the property requiring three variances to Section 8-5-9 (B-1) (B-2) and (B-3). Photos of the existing sign and the proposed sign were shown; the new sign face may extend partially over the public right of way, as depicted.

Mr. Swanson stated that the PC/ZBA may place certain conditions on their recommendation such as: provide fire suppression throughout the entire property; control hours of operation for the NAPA auto parts store; restripe the entire parking lot to maximize tenant parking and provide signage for even distribution of spaces for all three businesses. Current parking capacity is for 130 cars.

Mr. Bazianos stated that Mr. Swanson did an excellent job presenting the facts. It makes sense to consolidate three lots into one lot which will create ample parking for all three businesses. Regarding signage, they will replace the face and leave the base of the sign in the same location. Mr. Bazianos respectfully requested that the City defer the requirement for the sprinkler system due to the cost and other mitigating factors (building vacant for the past five years).

Fire Marshal Dan Tholotowsky, Pleasant View Fire Protection District, stated that pursuant to the 2006 International Fire Code adopted by the City — the Board should consider the installation requirement for the fire suppression system throughout the occupancy. He encouraged the Board to do so tonight. Fire records dating back to 1998 indicate that the previous owner was aware that a fire sprinkler system was required at that time. The NAPA Auto Store, by nature of the materials and merchandise located on the premises, flammable liquids, aerosols, etc., is especially vulnerable to accidental ignition. The economic impact of fires is devastating to any business. The cost factor must be considered; they have presented a list of 12 fire sprinkler contractors to the owner.

NAPA will use 2,000 s.f. at the front of the building for retail sales; the remainder will be used for storage. Hours of operation are from 7 am to 8 pm Mon-Fri; 8-5 on Sat; 9-4 on Sun. Mr. Gonzalez asked whether a fire barrier could be added to the tenant separation wall to help contain a fire. Board members discussed the benefits of a fire sprinkler system. Fire Marshal Tholotowsky stated that there were 56 fire saves within the Fire District; approximately 60 buildings in Countryside have been retrofitted and there have been 23 saves within the City. Mr. Benson asked whether mechanical service such as brake drums will be used. Mr. Zadarski stated that a basic machine shop with brake lathes, possibly a press may be installed. The possibility of creating a spark and igniting vapors in the air is present. Mr. Lube asked about plans for lighting in the parking lot behind the buildings – proper lighting will maintained.

There were no comments from interested persons. There was no closing statement from Mr. Bazianos. Mr. Lube moved to close the evidentiary portion of the hearing, seconded by Mr. Jasinski and carried unanimously. Mr. Jasinski moved to approve the Plat of Consolidation of three lots into one lot on the real estate commonly known as 9901 and 9945 West 55^th Street, seconded by Ms. Grotzke and carried by Roll Call vote – 8/0/1.

Mr. Peck designated the map of the parking configuration as Petitioner’s Exhibit A.

Ms. Grotzke moved to approve rezoning of 9901, 9943 and 9945 W. 55^th Street from B-1 retail to B-2 limited service classification subject to the following conditions: 1) That a fire suppression system be installed at 9943-9945; 2) That the parking lot be restriped utilizing maximum capacity in conformity with Petitioner’s Exhibit A, seconded by Mr. Toth and carried by Roll Call vote 7/1/1. Mr. Moss objected to the disruption of the business. Mr. Tholotowsky addressed that issue with the owner; they would close the restaurant for a couple of days; the benefit would far outweigh the loss of revenue. Estimated cost for retrofitting ranges between $60 – $70,000; the 12 contractors contacted above stated they could do it for less. Mr. Bazianos called those contractors and their price was in the same range. He asked additional time within which to install the sprinkler system. The previous owner was given three years; Mr. Bockos seeks the same time frame.

Mr. Peck designated the photo showing height and location of the sign as Petitioner’s Exhibit A. Ms. Grotzke moved to approve construction of a second freestanding sign with variances to Section 8-5-9 (B-1), (B-2) and (B-3) 1) to permit an additional freestanding sign; 2) to permit a freestanding sign which is located closer than five feet of any public right of way; and 3) to permit a freestanding sign with a height of 15′ instead of the maximum 13’2, all in substantial compliance with Petitioner’s Exhibit A, seconded by Mr. Lube and carried by unanimous Roll Call vote – 8/0/1. This matter will be heard at the January 12, 2011 City Council meeting.

PUBLIC HEARING RE: 6101 SOUTH LA GRANGE ROAD

Chairman Fullmer read the Notice of Public Hearing for the following application which was published in The Doings Newspaper on November 18, 2010:

Consideration of a special use to operate an electronic sign and variances to allow a nonconforming freestanding sign at 6101 South LaGrange Road:

To consider a special use pursuant to Section 8-5-9 (A) to retrofit LED gas price digits into an existing double-sided freestanding sign;

To consider a variance pursuant to Section 8-5-9 (B-3) to allow an existing freestanding sign with a height of 20’3 instead of the maximum allowable height of 17’0;

To consider a variance pursuant to Section 8-5-9 (B-6) to allow an existing freestanding sign without the required 7′ separation between the bottom of the sign and the ground;

At the real estate commonly known as 6101 South LaGrange Road, Countryside, IL.

Mr. Toth moved to open the public hearing in this matter, seconded by Mr. Benson and carried by unanimous voice vote. The petitioner, Anna Foote on behalf of Shell, was sworn in by Chairman Fullmer. Proofs of Notice have been received by the Building Department.

CDP Bryan Swanson presented the Staff report: the property address is 6101 South LaGrange Road, the Shell Gas Station. Zoning is B-2 limited service; estimated size is 30,625 or .70 acres. The petitioner seeks a special use to retrofit electronic signage in an existing sign and variances to permit a nonconforming freestanding sign. An aerial photo shows the property situated on the NE corner of Joliet Road and LaGrange Road; the parcel is adjacent to commercial enterprises. The property has four curb cuts; using electronic signage will improve their daily service. The owner requires the following special use to Section 8-5-9(A) to allow electronic gas digits in a double-sided sign; and variances to Section 8-5-9(B-3) to allow an existing freestanding sign with a height of 20’3′ instead of the maximum allowable height of 17’0; and a variance to Section 8-5-9(B-6) to allow an existing freestanding sign without the required 7′ separation between the bottom of the sign and the ground. The applicant has submitted an Affidavit of Understanding abiding by the City’s regulations. A photo of the existing sign and the proposed new sign were discussed. The new sign increases the square footage of the face from 60 s.f. to 84 s.f. The bottom of the sign is 4’6 from the ground; that concludes the staff presentation.

Auna Foote stated that Shell is increasing the signage to include the Circle K brand – which will be taking the revenues of the car wash in certain locations and the building profit – known as dual branding technology. They request electronic signage to maintain an adequate pricing rate which may fluctuate on a daily basis. This is the standard package signage that Circle K is proposing statewide. Board members stated that the two lower signs are not necessary; the City should keep the 7′ space limitation; this is a very busy intersection; those signs block the view of drivers. Ms. Foote suggested shrinking the car wash portion to 8 and eliminating the bottom sign; that would provide the necessary 7′ space. There were no questions from interested persons. The petitioner made no closing statement. Mr. Moss moved to close the evidentiary portion of the hearing, seconded by Mr. Lube and carried by Roll Call vote.

Mr. Peck designated the photo depicting a copy of the proposed sign with the Shell logo and the Circle K logo on it, prepared by Corporate ID Solutions, as Petitioner’s Exhibit A. Mr. Moss moved to approve the special use pursuant to Section 8-5-9(A) to retrofit LED gas price digits into an existing double-sided sign on the property commonly known as 6101 South LaGrange Road in substantial conformity with Petitioner’s Exhibit A, seconded by Mr. Jasinski and carried by Roll Call vote – 8/0/1.

Mr. Benson moved to approve a variance to Section 8-5-9(B-3) to allow an existing freestanding sign with a height of 20’3′ instead of the maximum allowable height of 17′ on the property commonly known as 6101 South LaGrange Road, in substantial conformity with Petitioner’s Exhibit A, seconded by Mr. Toth and carried by Roll Call vote – 8/0/1.

Mr. Toth moved to deny a variance to Section 8-5-9(B-6) to allow an existing freestanding sign to permit a four foot separation between the bottom of the sign and the ground, rather than the required 7′ separation on the property commonly known as 6101 South LaGrange Road, seconded by Mr. Lube and carried by Roll Call vote – 8/0/1. This matter will come before the City Council at its Regular Meeting on January 12, 2011.

(Whereupon a five-minutes recess was had.)

PUBLIC HEARING RE: 5640 SOUTH LA GRANGE ROAD

Chairman Fullmer read the Notice of Public Hearing for the following zoning application published in The Doings Newspaper on November 18, 2010:

Consideration of a variance to permit a hand car wash and car detailing business and a special use to allow a business in which less that 50% of its income is derived from sales which generate a retailers’ occupation tax or a service occupation tax for the City at 5640 South LaGrange Road:

To consider a variance pursuant to Section 8-C-3(A) to permit a hand car wash and car detailing business which is listed as a prohibited use on the LaGrange Road arterial road corridor overlay district;

To consider a special use pursuant to Section 8-C-3(B) to allow a car wash and car detailing business in which less than 50% of its income is derived from sales which generate a retailers’ occupation tax or a service occupation tax for the City.

Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Lube and carried by unanimous voice vote. Five applicants were sworn in by Chairman Fullmer. Proof of Notice has been received by the Building Department.

CDP Mr. Swanson presented the Staff report: The property is located at 5640 South LaGrange Road. Zoning is B-3 service and wholesale; estimated size of the property is 20,790 or .47 acres. The applicant requests a variance to allow a prohibited business along the LaGrange Road corridor and a special use to allow a business in which less than 50% of its business does not produce a sales tax. The property is surrounded by businesses on three sides; to the west are residential homes, zoned R-1. The aerial photo of the business depicts a one-story building approximately 6,000 s.f. Previous uses include a hand car wash and Ziebart – automotive related uses.

The applicant proposes a hand car wash and detail business; the accompanying traffic plan is proposed as shown. The business will operate seven days a week and employ ten people; Car oriented items such as car fresheners and remote starters will be sold. On October 27, 2010, the City Council adopted an ordinance creating the LaGrange Road Arterial Corridor (ARC) Overlay District. The ARC District provides an overlay along LaGrange Road in which certain businesses are listed as strictly prohibited. Vehicle, car, and truck washing facilities are strictly prohibited. The applicants are requesting a variance to allow a prohibited car wash business along the ARC District. The ARC District allows certain businesses by special use designation. This is a business in which less than 50% of its income is derived from sales which generate a retailers’ occupation tax or a service occupation tax for the City. The PC/ZBA may recommend the following conditions of approval: — hours of operation, fee in lieu of tax.

Tommy Saylors, his wife Catherine Saylors, Tom Kopp, Carlos Mendez and Kathy Groves are the five applicants. Mr. Saylor has a 25-year background in retail. He recounted a list of taxable items to be sold at the facility, remote starters, custom wheels, batteries, floor mats, rain guards, snow shovels, ice scrapers, wiper blades, sunglasses, LED flashlights, steering wheel covers, cell phone accessories, aspirin, etc. They sell a special wheel package; batteries are sold individually and installed as an option. Hours of operation are 7 am -7 pm to start. They discussed the custom wheel package program with Billet Specialties of LaGrange. All state of the art equipment has already been installed. They discussed the previous owner and his lack of knowledge about the business. One of these five individuals will be on the premises at all times. The building has been a car service center since 1979. They have upgraded several areas of the property and will make every effort to make it successful. They were under the mistaken belief that they could assume the previous business license; that is not the case. Mr. Gonzalez moved to close the evidentiary portion of the hearing, seconded by Mr. Toth and carried unanimously.

Mr. Lube moved to deny the use of the hand car wash and car detailing business on LaGrange Road, seconded by Mr. Gonzalez. Mr. Moss stated that there is a retail business here; perhaps it can be listed as a car accessory facility which will contribute to the tax base.

AYES: Benson, Gonzalez, Lube, Fullmer

NAYS: Grotzke, Toth, Moss, Jasinski

Motion denied – 4/4 – tie vote.

Mrs. Saylors noted the economic impact of additional users coming into the City to get their car washed plus the employees, who will be using City facilities, versus seeing a vacant building. Mr. Saylors noted he is a victim of circumstances and erroneously believed that the previous business license would automatically transfer to his business. Attorney Peck stated that the overlay protects the business district to insure that a business generates sales tax. The alternative is that this Board may approve the variance plus a fee in lieu; this is an unanticipated circumstance; it may be of benefit to the City to consider a fee in lieu, conditioned upon agreement with the Staff. Mr. Moss stated that the definition does not paint a true picture of the business — TLC Car Wash and Retail Center. The Fire Marshal visited them and prepared a punch list with 25 items; as of today that punch list is 85% complete. They are in earnest about opening the business immediately and they have the experience and they have a better team.

Mr. Benson moved to approve the variance to permit TLC Hand Car Wash and Detailing Business in the ARC overlay district on the property commonly known as 5640 South LaGrange Road, with the condition that the applicants enter into a fee in lieu of sales tax with the City, seconded by Mr. Toth and carried by Roll Call vote – 6/2/1. Fullmer, Lube opposed. This matter will come before the City Council at its meeting on December 8, 2010.

PUBLIC HEARING RE: 6200 SOUTH LA GRANGE ROAD

Chairman Fullmer read the Notice of Public Hearing published in The Doings Newspaper on November 18, 2010: Consideration of a variance to permit a Hertz Rental Car business and a special use to allow a business in which less than 50% of its income is derived from sales which generate a retailers’ occupation tax or a service occupation tax for the City at 6200 South LaGrange Road, Countryside, IL 60525:

To consider a variance pursuant to Section 8-C-3(A) to permit a car rental business which is listed as a prohibited use on the LaGrange Road Arterial Road Corridor (ARC) Overlay District.

To consider a special use pursuant to Section 8-C-3(B) to allow a rental car business in which less than 50% of its income is derived from sales which generate a retailers’ occupation tax or a service occupation tax for the City;

At the real estate commonly known as 6200 South LaGrange Road, Countryside, IL 60525.

Mr. Toth moved to open the Public Hearing in this matter, seconded by Mr. Jasinski and carried unanimously. The applicants, Taj English, Hertz Branch manager N. Riverside and Countryside, and Carmelo Scarpace, Westfield Ford, were sworn in by Chairman Fullmer. Proof of Notice has been received by the Building Department. Mr. Swanson stated that due to City’s error, the billing clerk did not send the invoice out in time. The City will receive a check from Hertz Rental by month end. In consideration of Westfield Ford’s involvement in the community, the hearing continued.

Mr. Swanson stated that the Hertz Rental Car business is currently located at 35 E. Plainfield Road. They wish to vacate that facility and relocate their small office and 4-6 rental vehicles to Westfield Ford property at 6200 South LaGrange. That requires a special use and a variance. The current zoning classification is B-3 service and wholesale; estimated square footage is 174,980 and acreage of 4.01 acres. The requested consideration is to allow a prohibited business along LaGrange Road and a Special Use to allow a business in which less than 50% of its business does not produce a sales tax. The City does receive about $1,000.00-$2,000.00 per month from the rental fees collected. The property is at the SW corner of LaGrange Road, surrounded by other commercial properties.

The applicant requests a variance to Section 8-C-3(A) to permit a car rental business which is listed as a prohibited use in the ARC overlay district. They also require a special use to Section 8-C-3(B) to allow a business where less than 50% of income is derived from sales tax. Mr. Scarpace stated that the addition of Hertz Rental to their dealership will bring 200-300 extra customers through the door monthly; Westfield rents approximately 50-60 vehicles monthly; if the car is on the premises, the customer gets the car instantly. Additional service and the use of a rental car is a bonus. Westfield does warranty repairs at present.

Taj English stated that Westfield Ford is Hertz’ largest account; hours of operation are open from 7 am to 6 pm Mon-Fri; 9-2 on Sat.; they rent cars to the public. Hertz may use a building-mounted sign between the showroom and the service center. There were no questions from the audience. There was no closing statement. Mr. Toth moved to close the evidentiary portion of the Public Hearing, seconded by Mr. Lube and carried unanimously. Mr. Toth moved to approve a Hertz Rental Car on the premises of Westfield Ford, 6200 South LaGrange Road, seconded by Mr. Lube and carried by unanimous Roll Call vote – 8/0/1. This matter will come before the City Council at its Regular Meeting December 8, 2010.

Chairman Fullmer asked both Fire Department officials to be present next month and bring fire sprinkler contractors to verify cost estimates for retrofitting buildings.

OTHER BUSINESS

Mr. Swanson stated that Taco Bell will go through the PUD process and consolidate their lot with the old Car-X property. Speedway Gas station closed; Salem Square may purchase the property. A physical therapy business may go in the out lot building.

ADJOURNMENT

There being no further business to discuss, Mr. Jasinski moved to adjourn the meeting, seconded by Mr. Benson and carried unanimously.

Chairman Fullmer declared the meeting adjourned at 10:15 p.m.

RICHARD FULLMER, JR., CHAIRMAN