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, FEBRUARY 5, 2013

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. Michael Anderson, Mr. Bryon Bednar, Mr. Mark Benson, Ms. Tina Grotzke, Mr. Crecencio Gonzalez IV.

ABSENT:Mr. Richard Toth, Mr. Charles Stoub.

ALSO PRESENT:City Atty. Yehl, CDP Swanson, and Ald. Jasinski.

APPROVAL OF MINUTES

The first order of business was approval of the minutes of the January 8, 2013 meeting. Mr. Gonzalez moved to approve the minutes as presented, seconded by Mr. Bednar and carried unanimously.

Ms. Grotzke moved to approve the minutes of the Special Meeting of January 16, 2013 as presented, seconded by Mr. Benson 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: PUD FOR CONTINENTAL MOTORS MITSUBISHI

Chairman Fullmer read the public hearing notice for the proposed Plat of Consolidation published in the January 17, 2013 edition of The Doings Newspaper.

To consider a plat of consolidation and variances of the Municipal Code (Zoning Ordinance) to construct a parking lot to accommodate additional storage and parking of vehicles for the Continental Mitsubishi Dealership:

Preliminary and final consideration of the Continental Motors Plat of Consolidation pursuant to Section 9-2-3 and 9-2-4, Chapter 9 of the Municipal Code of the City of Countryside;

Consideration of a variance to Section 10-10-3-F (off-street parking regulations/in yards) to permit 15 vehicle parking spaces in the required 25′ front yard setback along LaGrange Road and an additional 25 vehicle parking spaces in the required 25′ front yard setback along west 59^th St.(Countryside Plaza access drive);

Consideration of a variance to Sections 10-15-3-5-C-3 (landscaping and screening/parkway landscaping-sidewalks) and 8-1-2 (fees, charges and general permit requirements/permit fees for all construction, renovation or demolition regulated by the International Building Code) to permit the absence of sidewalks on the south and west sides of the property;

Consideration of a variance to Section 10-15-3-5-C-2 (landscaping and screening/parkway landscaping-trees) to permit the absence of trees along the east and south sides of the property – at the real estate commonly known as 5800-5846 South LaGrange Road Countryside, IL 60525.

The applicant is Ms. Cheryl Nelson, an authorized officer of the owner of the property, whose address is 5800 South LaGrange Road, Countryside, IL 60525. the owner of the property is CLH Investment Company, LLC, 5901 South LaGrange Road Countryside, IL.

Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Benson and carried by unanimous voice vote. Ms. Nelson was sworn in by Chairman Fullmer. Proofs of Notice have been received by the Building Department.

CDP Mr. Bryan Swanson made the Staff presentation -viewing aerial photos of the subject site – the former LaGrange Motel has been demolished to make way for an expanded parking lot. The motel building itself blocked the line of sight from LaGrange Road to Countryside Plaza; its absence will provide greater visibility for the stores in the Plaza while helping the dealership expand its facilities.

A Plat of Consolidation of all eight parcels is requested by the applicant – six parcels from Continental Mitsubishi and two from LaGrange Motel — combined into one 3.54 acre parcel- eight PINS consolidated into one. The first variance is to permit 15 vehicle parking spaces along LaGrange Road and an additional 25 vehicles along 59^th St. in the front yard setback – the City does not permit parking spaces located within the 25′ front yard setback.

The next variance is to permit the absence of sidewalks on the south and west sides of the property. City Code requires sidewalks for all new commercial developments. The green space (easement) on the south side of the property at 59^th St. is owned by the Simon Group. Residents use that area as a walkway to the Plaza; a question of whose responsibility is it — Mitsubishi, Benderson Development, or The Simon Group.

The final variance is to permit the absence of parkway trees on the property. The City Code requires new parkway trees for new commercial developments. The applicant is requesting a variance to not provide trees on the south and east sides of the property primarily because they wish to showcase their cars on LaGrange Road. Most car dealers do not put trees on their property for obvious reasons – actually all car dealerships are exempt from putting trees on their property, even when abutting residential property. Discussion re: 59^th St. is a private drive belonging to the Simon Group – Mitsubishi is not responsible for the street or for installing a sidewalk on Simon property. The sidewalk properly belongs on the south side of 59^th St. – on JC George’s easement. The business address of all the lots will remain 5800 So. LaGrange Road.

Ms. Cheryl Nelson stated that the fencing will remain as is; the chain link fence along the back portion and the south will remain. The black wrought iron fence will be brought down lower and joined to the Continental Mitsubishi fence at 3.5 feet in height, then progress westward into the six foot chain link fence. They will try to work with the existing trees; ComEd has trimmed them into a V-shape. A Tree Trimming service will make them tree-shaped and remove unsightly trees. Other plantings will match the existing ones along LaGrange Road and 59^th St. There are islands that project into the property and hold bushes, perennials and flowers – that will be matched along the new property. The curb cut at LaGrange Road will remain as an access drive. The existing sidewalk along LaGrange Road will be straightened out to match.

Questions by the Board – Mr. Anderson stated that a huge heat island is created – he questions lack of greenery to absorb accumulated ground water. Applicants must meet all final engineering by the City. Mr. Benson suggested some taller trees with high foliage. Ms. Nelson stated that there will be greenery along the entrances on either side. Trees would block the view of parked automobiles, attract birds and insects. Mr. Bednar stated that the sidewalk would be best suited on the south side of 59^th St. access road – however that would be the shopping center’s responsibility. He stated that the current dealership is set up nicely as it is. Mr. Gonzalez is also concerned with the sidewalk installation on 59^th St. Mr. Swanson stated that Simon owns the property – in the future a quid pro quo may exist between the City and the Simon Group.

Comments by Interested Parties – Len Cygalski, 5515 Ashland, has walked down that street with family members many times and always wondered why there is no sidewalk. When will Simon do anything? The City should do it now or else wait a long time for Simon to need something from the City in exchange. Ms. Nelson stated that there is additional room on the JC George’s side to install a sidewalk; there are too many utility impediments on the north side. Mr. Benson suggested that the City meet with Simon to discuss possible donation of the land for the sidewalk on the JC George’s side if the Mitsubishi dealership pays for installation ; there is no stop light at that intersection – vehicles turn into and out of that access road at all times.

Ms. Nelson’s closing statement sought to advance the processand move forward with the variations – no sidewalk and work with the existing trees; they will make it one large contiguous area that Countryside will be proud of. The eight trees on the property are on the easement belong to Simon; they will need permission to trim them. The area needs a general cleaning up. Ms. Grotzke moved to close the evidentiary portion of the hearing, seconded by Mr. Gonzalez and carried unanimously.

Ms. Grotzke moved to approve the preliminary and final Plat of Consolidation for the property commonly known as 5800-5846 South LaGrange Road, seconded by Mr. Benson and carried by unanimous Roll Call vote – 7/0/2.

Discussion returned to the sidewalk installation. Atty. Yehl stated that the City cannot impose restrictions on Mitsubishi to install a sidewalk that would be on Simon’s property.

Mr. Lube agreed that brokering a deal wherein Simon donates the property for the sidewalk and Mitsubishi pays for installation on the south side of 59^th St. access (JC George’s easement) would be beneficial. Ald. Jasinski stated that his wife does not drive and has walked through that driveway on many occasions. The sidewalk issue must be addressed with Simon, not Mitsubishi. Atty. Yehl stated that the PC/ZBA Board cannot condition approval of this application on the future installation of a sidewalk. Mr. Swanson will discuss this matter with the Simon Group tomorrow.

Ms. Grotzke moved to approve plat of consolidation on the property that would include three variances: 1) to permit 15 vehicle parking spaces in the required 25′ front yard setback along LaGrange Road and an additional 25 vehicle parking spaces in the required 25′ front yard setback along west 59^th St.; 2) to permit the absence of sidewalks on the south and west sides of the property; and 3) to permit the absence of trees along the east and south sides of the property, at the real estate commonly known as 5800-5846 South LaGrange Road, seconded by Mr. Bednar and carried by unanimous Roll Call vote – 7/0/2. The eight trees referred to previously are on Simon property and Mitsubishi has no authority to disturb them without Simon’s permission. Chairman Fullmer stated that this recommendation will come before the City Council at its Regular Meeting on February 13, 2013.

PUBLIC HEARING FOR THE PROPOSED TEXT AMENDMENT

Chairman Fullmer read the Public Hearing Notice for the proposed text amendment published in the December 27, 2012 edition of The Doings Newspaper.

Text amendments to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) as follows:

Consideration of amending Title 10 of the Municipal Code as follows:

Amend Section 10-6A-2 to allow contractor’s offices as a special use subject to the following conditions:

Types of contractors allowed: General contractor, Electrician, Plumbing, Heating and Ductwork, Roofing, Drywaller, Painter, Locksmith, Tree Trimming, Landscaping, Masonry, Pool builders, Cabinetmakers, Sign Contractors, Interior design consultants and carpentry.

All vehicles and equipment associated with the business must be stored within an enclosed building on the property.

Chairman Fullmer stated that all the above contractors except perhaps plumbers do not generate any sales tax for the City. He objects to these contractors being in the B-1, B-2 or B-3 zoning classifications without generating sales tax; also parking of vehicles or equipment with no limit on plate sizes next to residential areas is objectionable – noise, etc. Mr. Lube agreed; this was not sufficiently thought through. Mr. Swanson called attention to the Overlay District on LaGrange Road. Board members believe these businesses should be in the M-1 district. Mr. Benson moved to table this matter to March 5, 2013 hearing, seconded by Ms. Grotzke and carried by Roll Call vote – 7/0/2.

No hearings are set for next month. Mr. Swanson stated that a training session is planned for Board members to be held during the week like a regular meeting session. Three instructors from the Chaddick Institute will work with Board members; the date –TBD.

Mr. Lube moved to close the hearing, seconded by Mr. Benson and carried by unanimous voice vote. Chairman Fullmer declared the meeting adjourned at 8:50 p.m.

ROBERT FULLMER, JR., CHAIRMAN