AGENDA

PLAN COMMISSION – ZONING BOARD OF APPEALS

CITY OF COUNTRYSIDE

FEBRUARY 7, 2011 – 7:30 P.M.

ROLL CALL MEMBERS:

MR. RICHARD FULLMER, JR. (CHAIRMAN)

MS. TINA GROTZKE MR. ROBERT LUBE

MR. DANIEL MOSS MR. RICHARD TOTH

MR. CHARLES STOUBMR. CRECENCIO GONZALEZ

MR. JIM JASINSKI MR. MARK BENSON

APPROVAL OF MINUTES:

JANUARY 4, 2011

PUBLIC HEARING 1: Since the item is building related, publication is not required.

CONSIDERATION OF BUILDING RELATED VARIANCES TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (BUILDING REGULATIONS) AS FOLLOWS:

TO CONSIDER FENCE VARIANCES TO TITLE 8 BUILDING REGULATIONS, SECTION 8-3-1: FENCES, SHRUBS, HEDGES AND DECORATIVE STRUCTURES: TO CONSIDER PERMITTING A FENCE WHICH DOES NOT MEET THE STANDARDS SET FORTH IN SECTION(S) 8-3-1 (E-1), AND 8-3-1 (F).

THE APPLICANT IS MR. DONALD STEWART, PROPERTY OWNER, AT THE REAL ESTATE COMMONLY KNOWN AS 6920 WILLOW SPRINGS ROAD, COUNTRYSIDE, IL 60525.

PUBLIC HEARING 2: Public hearing notice for the Taco Bell Planned Unit Development application was published on December 17, 2010 in The Doings Newspaper.

RECONSIDERATION OF THE PLANNED UNIT DEVELOPMENT (PUD) REQUEST OF THE SHAMROCK TACO BELL CORPORATION WHICH CONSIST OF SPECIAL USE AND VARIANCE REQUESTS TO CONSTRUCT A NEW TACO BELL FACILITY.

AT THE REAL ESTATE COMMONLY KNOWN AS 5601 AND 5611 SOUTH LAGRANGE ROAD, COUNTRYSIDE, IL 60525.

PUBLIC HEARING 3: Public hearing notice for the following text amendment was published on January 12, 2011 in The Doings Newspaper.

CONSIDERATION OF A TEXT AMENDMENT TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (ZONING ORDINANCE) AS FOLLOWS:

TO CONSIDER ADDING OUTDOOR CHRISTMAS TREE LOTS AS AN ACCESSORY PERMITTED USE TO AN EXISTING PRIMARY BUSINESS TO SECTION 10-6A-1: PERMITTED USES IN THE B-1 RETAIL ZONING DISTRICT: TO CONSIDER ADDING OUTDOOR CHRISTMAS TREE LOTS ONLY AS AN ACCESSORY PERMITTED USE ON A LOT IN WHICH CONTAINS AN EXISTING PRIMARY BUSINESS.

OTHER BUSINESS

Discussion of Sprinkler Systems with Representatives of the Pleasantview Fire Protection District

ADJOURNMENT

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 MONDAY, FEBRUARY 7, 2011

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. Crecencio Gonzalez IV, Mr. Mark Benson.

ABSENT: Mr. Richard Toth

ALSO PRESENT: City Atty. Jeffrey Stein, Ald. Michalczyk, CDP Swanson, City Eng. Fitzgerald, Fire Marshal Tholotowsky, Fire Inspector Joe Lyons

APPROVAL OF MINUTES

The first order of business was approval of the minutes of the January 4, 2011 meeting. Mr. Jasinski moved to approve the minutes as presented, seconded by Ms. Grotzke 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: 6920 WILLOW SPRINGS ROAD

Chairman Fullmer read the Notice of Public Hearing to consider building-related variances to portions of the City of Countryside Municipal Code as follows:

To consider fence variances to Title 8 Building Regulations, Section 8-3-1: Fences, shrubs, hedges and decorative structures: to consider permitting a fence that does not meet the standards set forth in Sections 8-3-1(E-1) and 8-3-1(F).

The applicant is Mr. Donald Stewart, property owner, at the real estate commonly known as 6920 Willow Springs Road, Countryside, IL 60525.

Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Gonzalez and carried unanimously. The Applicant was sworn in by Chairman Fullmer. CDP Swanson stated that Proofs of Notice are not required in this case. Mr. Swanson presented the Staff report: the applicant requests building-related variances to the fence standards set forth in Section 8-3-1. He seeks to replace an existing 26′ long privacy fence that was destroyed by wind; the fence provides refuse area screening. The proposed fence provides 33% open space; the City Code requires that all newly-constructed fences provide at least 80% open space. The existing fence is considered a legal non-conforming fence. Mr. Stewart wishes to replace the entire fence. Mr. Swanson provided the zoning map (Zoned R-1 single family); he also provided an aerial view of the property and several photos of the destroyed fence including the refuse area. The final photo showed the proposed fence, six feet high having the same footprint as the original. That concludes the Staff presentation.

The applicant, Mr. Stewart, stated that the six foot high wood fence was in place when he bought the property in 1977. The fence extends from the garage six feet north and 20 feet east; the perimeter of the property is 600 linear feet. The new fence has 2 wide gaps built into it; he requests a variance from the new fence ordinance to improve property appearance and shield refuse area. There were no questions from interested parties or from Board members. Mr. Jasinski moved to close the evidentiary portion of the hearing, seconded by Mr. Stoub and carried unanimously.

Mr. Moss moved to approve the variance to Section 8-3-1 to replace an existing 26′ fence with the proposed 33% open space fence instead of the required 80% open space fence, to screen a refuse facility on the property commonly known as 6920 Willow Springs Road, all in substantial compliance with Applicant’s Exhibit A, the survey of the property and a photo of the proposed fence, seconded by Mr. Lube and carried by Roll Call vote – 7/1/1 – Mr. Benson opposed. This matter will be heard before the City Council at its Regular Meeting on February 23, 2011.

PUBLIC HEARING RE: 5601 AND 5611 S. LAGRANGE ROAD

Chairman Fullmer read the Notice of Public Hearing for the Taco Bell PUD – Planned Unit Development – published on December 17, 2010 in TheDoings Newspaper.

Reconsideration of the PUD request of Shamrock-Taco Bell Corporation, which consists of special use and variance requests to construct a new Taco Bell facility

At the real estate commonly known as 5601 and 5611 South LaGrange Road, Countryside, IL 60525.

Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Jasinski and carried unanimously. Chairman Fullmer stated that at the City Council Hearing re: this matter, Taco Bell asked to refer this matter back to the PC/ZBA until the engineers heard from IDOT re: curb cuts on LaGrange Road.

CDP Mr. Swanson discussed the original concept presented to the PC/ZBA at the January meeting. Zoning for both properties is B-3 Service and wholesale; the two lots have a combined square footage of 40,395 or .92 acres. Reconsideration tonight centers on the two curb cuts on 56th St. The Aerial photo of both properties reveals a large curb cut on LaGrange Road at the 5601 property and two smaller curb cuts at the 5611 parcel; 5601 also has an existing curb cut on the east side of the property. To recap last month’s presentation, the applicant wishes to construct a 3,100 square foot facility on the east side of the combined property; they require a special use for the drive-thru, special use for outdoor dining and special use for electronic signage. The PC/ZBA approved the plan with the condition that two LaGrange Road curb cuts be maintained for ingress/egress, with no curb cuts on 56th St. The engineers were to work with IDOT on these issues; IDOT rejected the second curb cut on LaGrange Road. The matter was tabled to tonight’s hearing; City Engineer Fitzgerald discussed the revised site plan. Taco Bell submitted an alternate plan to IDOT which included two curb cuts on LaGrange Road and removal of the curb cuts on 56th St. Mr. Fitzgerald spoke to the permit engineers at IDOT today and suggested moving the dedicated exit lane further south on LaGrange Road to achieve greater stacking area in the left turn lane; IDOT may be open to that suggestion. Mr. Fitzgerald stated that the southernmost curb cut could be the entrance only, and the northern cut exit only to avoid left-turn conflict. IDOT is only concerned with the traffic operation of LaGrange Road; they are not concerned with business solutions. Chairman Fullmer stated it is impossible to turn left onto LaGrange Road. He is opposed to having entrances to restaurants on side streets and dispersal of traffic through residential neighborhoods. Mr. Fitzgerald stated that the Phase I intersection study of 55th & LaGrange Road indicates that a barrier median is proposed for LaGrange Road from 55th to 56th St., and a mountable median from 56th St. southward.

Mr. Mario Valentini, Architect, Warren Johnson, Marshall Skibbe, Civil Engineer, Northwestern Engineering Consulting and Richard Rediehs, Manager Taco Bell, were sworn in by Chairman Fullmer. Mr. Skibbe sent Bill Weitzel, IDOT engineer, the revised alternate site plan on 1-5-11, showing two driveways on LaGrange Road. They received a response on 1-15-11 from Mr. Weitzel stating that IDOT would not allow a second driveway on LaGrange Road, only the southern driveway would be allowed. A driveway on 56th St. will allow southbound traffic on LaGrange Road to use either the left turn lane on 56th St., or use the existing dual left-turn lane striping to turn into the Taco Bell site. There is sufficient room for 3-4 car stacking for the dual left-turn lane. Restricting the use of 56th St. recreates the current environment and is contrary to the purpose for occupying the corner property.

Mr. Rediehs, owner-operator stated that the majority of Shamrock Taco Bell customers are from the mobile home park and the apartments on East Avenue. 70% of their business is drive-thru traffic. Using the 56th St. exit to drive to East Avenue and Joliet Road will provide traffic relief.. Eliminating the 56th St. exit perpetuates the current traffic pattern problem. After further discussion, Mr. Valentini’s closing statement concluded with Shamrock Taco Bell choosing to proceed with the option on the screen with full access on 56th St. and a left turn exit sign. Chairman Fullmer suggested that other solutions be explored. The Board does not want to set a precedent for other corner businesses to follow. Ms. Grotzke moved to close the evidentiary portion of the hearing, seconded by Mr. Benson and carried unanimously.

Mr. Benson moved to reaffirm the previous recommendation with the change in condition as evidenced by Applicant’s Exhibit A, the site plan as posted, on the property commonly known as 5601 and 5611 South LaGrange Road, seconded by Ms. Grotzke; motion denied by Roll Call vote – 0/8/1. This matter will come before the City Council at its Regular Meeting on February 9, 2011.

OTHER BUSINESS

Discussion of Sprinkler Systems with Representatives of the Pleasantview Fire Protection District – Fire Marshal Dan Tholotowsky and Fire Inspector Joe Lyons.

Chairman Fullmer requested Fire Marshal Tholotowsky to report on the fees associated with retrofitting fire suppression in existing buildings. It is less expensive to install in new construction. In the Bockus property the water main was moved to the north side of 55th Street; they may have to augur the street; that will be an added expense – probably in the neighborhood of $60,000. He provided a list of 12 sprinkler contractors to bid on the Bockus job. Mr. Bockus wants it to be a turnkey operation, which costs more.

When a building is sprinkled there is a significant reduction in insurance premiums – no one had an exact figure. A dry system is more expensive since it requires more maintenance. He mentioned use of the sprinkler at the Honey Fluff Donuts plaza; the building was retrofitted with sprinklers. When a fire occurred, it was quickly extinguished and only water damage resulted. The entire plaza could have been destroyed.

The Fire District is working with the Infrastructure Committee to require new buildings over 1,000 square feet to be sprinkled. They will be working out requirements for existing parcels along with reviewing the economic impact. A significant remodeling would trigger retrofitting. Among the 130 Northern Illinois communities Countryside has been rather lenient in enforcing fire suppression regulations. Board members thanked them for their presentation.

(Whereupon a brief recess was had).

PUBLIC HEARING OF A TEXT AMENDMENT

Chairman Fullmer read the Notice of Public Hearing for the following text amendment, published on January 12, 2011 in The Doings Newspaper.

Consideration of a text amendment to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) as follows: To consider adding outdoor Christmas tree lots as an accessory permittred use to an existing primary business to Section 10-6A-1: permitted uses in the B-1 Retail zoning district: To consider adding outdoor Christmas tree lots only as an accessory permitted use on a lot containing an existing primary business.

Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Gonzalez and carried unanimously. CDP Mr. Swanson made the Staff presentation: The zoning ordinance allows outdoor sales or service by special use only in the B-1, B-2 and B-3 commercial zoning districts. Outdoor Christmas tree lots are not listed as a permitted use in the zoning ordinance and must be handled as a special use permit since they are operated entirely outdoors. The Dutch Village requested outdoor sales for various seasonal periods throughout the year. Most communities handle Christmas tree lots as permitted accessory uses with certain conditions.

Fuller’s Car Wash, at Plainfield & Brainard, has a Christmas tree lot every year. Mr. Swanson needs language in the Code to cover this situation. The special use permit costs $500 plus legal fees. Mr. Fuller has a regular business license. The tree lot does bring sales tax to the City. Mr. Swanson requests that the City consider adding language that allows Christmas tree lots as permitted accessory uses as long as there is a primary business on the parcel. Other conditions could include hours of operation, location of merchandise, whether fencing is required, duration of operation – not to exceed 60 days; trees are exempt from the setback requirement and not placed within the sight triangle; trees must be located on a zoning lot with an existing primary business. A general business license must be acquired to operate the outdoor Christmas Tree lot. He asked that this language be included in the Code. Ms. Grotzke moved to close the evidentiary portion of the Public Hearing, seconded by Mr. Moss and carried unanimously.

Atty. Stein recommended approving the text amendment to Section 10-6A-1 to permit Christmas tree lots as permitted accessory uses to an existing primary business in the B-1 retail zoning district. Mr. Moss moved to adopt the above language, seconded by Mr. Lube and carried by Roll Call vote – 8/0/1.

Mr. Moss discussed the 80% open space and light issue re: fencing. He asked that a display model be provided for the Board to review.

Mr. Swanson stated that one agenda item is listed for next month a car accessory business wishes to share the premises with I Detail at 6420 Joliet Road.

ADJOURNMENT

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

Chairman Fullmer declared the meeting adjourned at 9:50 p.m.

RICHARD FULLMER, JR., CHAIRMAN