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 WEDNESDAY, JANUARY 16, 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. Charles Stoub, Mr. Michael Anderson, Mr. Richard Toth, Ms. Tina Grotzke, Mr. Crecencio Gonzalez IV, Mr. Bryon Bednar, Mr. Mark Benson.

ALSO PRESENT: Atty. Eric Yehl, CDP Swanson, Ald. Jasinski, City Eng. Fitzgerald.

Chairman Fullmer stated that 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 TO CONSIDER A PUD FOR ANDY’S FROZEN CUSTARD

Chairman Fullmer read the Public Hearing Notice for the proposed Planned Unit Development published in the December 27, 2012 edition of The Doings Newspaper – to consider a Planned Unit Development pursuant to Section 10-9-3 of the Municipal Code (Zoning Ordinance) including but not limited to:

Consideration of the following variance and special use considerations to construct an Andy’s Frozen Custard Restaurant:

Requested Variances:

Section 10-9-1-3(F) -General Standards and Criteria for Planned Developments: to permit a planned unit development application which is approximately 0.51 acres instead of the minimum requirement of 1.00 acre.

Section 8-5-6(J)-Regulation to all signs- blinking and flashing lights limitation: to permit 250 lineal feet of 16 tall neon lighting which will flash along the fascia of the proposed structure instead of the strictly prohibited blinking and flashing light limitation standard.

Section 8-5-7-Signs prohibited, all zoning districts: to permit a variance to allow animated signage for the proposed rotating freestanding sign at the corner of 58^th Street and LaGrange Road.

Section 8-5-9(B-3)-Permitted signs in business zoning districts- freestanding signs: to permit a variance for a 35′ tall freestanding sign instead of the maximum height of 16’2.

Section 8-5-9 (B-1)-Permitted signs in business zoning districts- freestanding signs: to permit one freestanding sign in addition to three menu boards on the property instead of the required one freestanding sign permitted per property.

Section 10-10-3(I)-Off-street parking regulations- in yards: to permit approximately 12 parking spaces in the front yard setback along 58^th Street.

Section 10-15-3-5 (F-6-A)-Landscape and screening- Perimeter parking lot landscaping: to permit the absence of a 5′ wide landscape area along the perimeter of the parking lot on 58^th Street.

Section 10-15-3-5 (F-8-A: Abutting residential property) – Rear and interior side yards of parking areas: to permit the absence of trees along the landscape barrier on the east side of the property due to a conflict with overhead utilities instead of the required two trees.

Section 10-10-5 (B: Retail and service uses)-Schedule of parking requirements: to permit a drive-through facility which will provide six stacking spaces instead of the required ten stacking requirement.

Requested Special Uses:

Section 10-6A-2: to permit a drive-through facility on the north side of the proposed structure.

Section 10-6-A-3 (B) – to permit an outdoor dining area on the east, south and west sides of the proposed structure – at the real estate commonly known as 5745 South LaGrange Road (former fire station property), Countryside, IL 60525.

The Applicant is Mr. Andy Kuntz, an owner of Andy’s Frozen Custard, 440 South Campbell Avenue, Springfield, Missouri, 65806.The owner of the property is the City of Countryside, Illinois 60525.

Mr. Toth moved to open the Public Hearing in this matter, seconded by Ms. Grotzke and carried by unanimous voice vote. Members of Andy’s Frozen Custard were sworn in en masse by Chairman Fullmer. Proofs of Notice have been received by the Building Department. CDP Bryan Swanson presented the Staff report. He stated that public comment is highly encouraged at the appropriate time.

Andy’s Frozen Custard is a craft custard business, offering premium handmade custard (fresh every hour) at each location and creating unique products for customer pleasure. There are three locations in the Chicagoland area – in Oak Lawn, Evanston and Bolingbrook. This is a destination business that will enhance not only LaGrange Road but the City of Countryside with its presence. The property is located at 5745 So. LaGrange Road — the former Fire Station property at the NE corner of 58^th St. and LaGrange Road. The property is zoned B-1 Retail; approximately one-half acre in size.

Board members reviewed the zoning map and the Aerial View; the land has been environmentally remediated by the City and has been actively marketed.

A Planned United Development (PUD) is a tool used to provide greater flexibility for projects requiring multiple variances while still being beneficial to the community.

1. The first variance seeks to establish a PUD on this site. Commercial PUDs must consist of one acre – this parcel is approximately one-half acre. The proposed building will be 2,195 s.f. plus 750 s.f. outdoor patio. Required parking is 15 spaces; parking is provided for 22 spaces plus one handicap space. The proposed site plan was viewed depicting placement of the building and three curb cuts on 58^th St. This will be a vintage style building (photos viewed); signage is especially attractive.

2. The first sign variance is to permit 250 lineal feet of 16 tall neon lighting which will flash along the fascia – blinking/flashing lighting is prohibited by City Code.

3. The second variance is to permit a freestanding sign consisting of a large rotating ice cream cone. Animated and moving signage is prohibited by City Code.

4. The next variance is to permit the freestanding sign to a height of 35′. The City Code calls for a maximum allowable height of 16.5′. Total face area of that sign is 100 s.f. per side.

5. The next variance is to permit additional menu boards on the property. Two views of the neon fascia were viewed. Photos of the rotating cone were viewed. The menu boards and their locations were viewed -two menu boards on the outside of the building and in the drive-through lane as depicted.

6. Several views of the proposed architecture reveal a vintage-retro look to the building. Mr. Kuntz will provide a unique twist related to Countryside. The applicant requests a variance to permit 12 parking stalls in the front yard setback along 58^th St. This is a corner lot with two front yards; no parking is permitted in that setback.

7. Another variance is the absence of a 5′ wide landscape buffer along the parking perimeter on 58^th St. They will provide bushes and other landscaping in the area.

8. Another variance is to permit the absence of two trees along the east side due to overhead utility wires; there must be a landscape buffer between residential and commercial property.

9. Landscaping plans will encompass LaGrange Road and, north and east sides; they have incorporated as much landscaping as possible.

10. The applicant requests a variance to provide for 6 vehicle stacking within the drive-thru aisle instead of the required ten.

11. The City regulates outdoor dining re: hours of operation and location. The applicant requests two special use considerations to provide a drive -thru facility and an outdoor patio area – views of both areas provided.

The Photometric Plan reveals that no spillage of lighting will extend to adjacent properties, especially on the east or southeast adjacent to residential properties. Detailed engineering drawings are included for review.

The business will add 25 new employees, mostly Countryside students and residents. Summer hours of operation are 11 am to 11:30 pm Sun-Thur; 11 am to midnight Fri-Sat. Winter hours are 11 am to 11 pm Sun-Thur; 11 am to 11:30 pm Fri-Sat. The outdoor patio follows the same hours of operation as the business. The PC/ZBA may recommend certain conditions necessary for this proposal, such as, number of curb cuts, traffic control signage at the curb cuts, and placement of four U-shaped bike racks near the building entrance. That concludes the Staff presentation.

Mr. Andy Kuntz, of Andy’s Frozen Custard, thanked the members for having a Special Meeting of the PC/ZBA Board to accommodate their needs. They hope to be open for the Summer season. His family has been in this business for 27 years with 17 locations at present. They are proud to be in the Chicagoland market. Their company is very involved with the community; they provide about 15,000 free cups of custard on the last day of school for elementary school children. Ms. Gail Paul found an old fire station sign and several photographs that will be incorporated into the look of the restaurant.

He stated that the spinning cone sign has been part of their building motif since Day One. They run a fun business and try to have fun with it in a tasteful way. It is a throwback to the old Happy Days theme and are proud of the look. Stores with the spinning cone sign work very well; business is up 20% in those stores. They look forward to working with the community and will cooperate in any way possible. He thanked Mr. Swanson for his excellent presentation. Mr. Swanson stated that they came in extremely well prepared in a short amount of time; he commends them for their presentation of detail-oriented materials in a timely manner.

Chairman Fullmer addressed the audience regarding the Rules of Procedure – questions from the board will be followed by questions from interested persons.

Chairman Fullmer discussed the neon signage. Architect Kimball Hales stated that they can control the speed of the flashing in a softer manner. Mr. Fullmer visited the Bolingbrook store on two occasions and stated there was no flashing neon – no chasing. The Oak Lawn store was a renovation project; there is no neon there; they were limited on signage. Mr. Kuntz stated that they closed the State Street store – it was a learning process; the rent structure was against them. All stores prior to Evanston were freestanding stores, drive-up or walk-up. Their product is conducive to sitting down and relaxing, not eating on the run. Other than State Street, the Chicago market has been very strong.

Mr. Fullmer stated that the Bolingbrook sign does not rotate. Mr. Kuntz said it may not have been turned on; it should be rotating. Mr. Fullmer took a photo next to the sign and stated that it is no taller than 20 feet. Mr. Kuntz agreed; that sign was built in 2006. After it was installed, sales went up considerably. Mr. Fullmer stated there is no sign taller than 20 feet on LaGrange Road; the sign is unique and attractive and would still be noticeable at 20 feet. Mr. Kuntz agreed; the spinning cube is not necessary. Mr. Fullmer brought sample menus from the Bolingbrook store. There is no sit-down dining; there were long metal plastic-coated benches outside. In Countryside there will be both inside and outside dining; this is a family business. Inside dining was a challenge but has been successful in Oak Lawn and will work in Countryside. Customers can watch the machine actually producing the custard. A frozen custard facility is different from a lunch or dinner establishment; it is sometimes an impulse purchase; others will come through the drive-thru. The Countryside site will have built-in customers coming from all directions. Mr. Kuntz agrees; this is an awesome site. Ms. Grotzke asked for shrubbery in the five foot area. Mr. Kuntz stated that perhaps low trees could be placed there.

Chairman Fullmer requested a ten-minute recess.

Discussion re: traffic pattern – Mr. Swanson discussed the three curb cuts on 58^th St – the easternmost is for ingress only, the middle curb cut is for egress only, going left or right, and the westernmost cut is the drive-thru exit lane with a pork chop — forcing traffic to turn west only. Mr. Todd Shafer, Civil Engineer, stated that due to the Holidays and the need for speed, the site plan was prepared without the full data available; it will be revised to reflect the traffic study. The eastern access will be enter only, the middle access will be revised to exit only, east or west; and the western access (drive thru) will have signage for right turn only. Discussion re: width of lanes – they are 20 feet wide to accommodate garbage truck pick-up for the dumpster area. All traffic signs will have reflective lettering. Mr. Fullmer stated that the drive-thru exit may need an extreme pork chop for traffic exiting west.

Mr. Luay Aboona, KLOA, Inc., traffic engineer, stated that the traffic study showed only four cars exiting left during peak hours, after 7 pm. Their peak is after the usual rush hour. This is lower impact usage; it cannot be compared to Taco Bell or McDonalds. Mr. Kuntz stated that only 55% of customers actually come inside the store; there will be indoor seating for 40 customers; there will be a patio on the west and south sides of the building. There will be parking within the 58^th St. setback. They will add bushes on the 58^th St. side and landscape islands throughout. If cars begin to stack more than four deep, employees go out and take orders from the cars in line. There is sufficient stacking for 10-11 cars; the cars may back up only after 8 pm; filling orders can take one minute per car.

Mr. Stoub agrees with the neon signage but is against flashing; cone height should be limited to 20′. Mr. Bednar stated that the cone is unique and an iconic landmark; it should definitely remain. Discussion re: the square cube under the cone is four feet tall; the cone is ten feet tall; the City requires 7′ clearance under the sign. The cube rotates to read Andy’s on one side and the words Frozen Custard on the other side. Mr. Lube agreed with eliminating the neon lights on the east side facing residents; the lights will be turned off after business hours. Mr. Lube agrees to the 20′ height. Mr. Toth is opposed to the height of the sign and the rotation. Mr. Gonzalez asked about the outdoor patio on the west and south sides only. The sidewalk will remain on LaGrange Road. Fixed concrete benches and possible bollards or a railing will separate vehicular from pedestrian traffic at the outdoor patio. Mr. Hales will provide particulars including the four U-shaped bike racks near the entrance in the final site plan.

Mr. Benson discussed signage – two menu boards in the drive-thru lanes and one on the outside patio. The menu boards are top lit, magnetic and more discreet. There are six panels each 2×3′ totaling 36 s.f. Discussion re: possible relocation of the cone sign to the corner. The sign moves very slowly – they must think through possible reconfiguration of the sign. Mr. Swanson stated that in a PUD situation the Board works with the applicant – the Board has approved signage, parking, landscaping and curb cuts. Mr. Anderson stated that trees are a buffer between residential/commercial zones; they definitely need bushes or small trees. Mr. Kuntz will rethink the entire signage.

Questions from Interested Parties – Mr. Jerry Konieczny, 9911 W. 58 St., lives in the condo and is concerned with customers of Brown’s Chicken using their parking lot for U-turns, disrupting the traffic pattern and parking in their paid parking spots. He fears more of the same from Andy’s employees and customers – parking in their paid spots. He stated other incidents that occurred. He wants assurance that Andy’s employees will not park on their site. Mr. Kuntz assured them that there is ample parking on site. This will be a smoke-free facility; it will not turn into a hangout.

Ms. Jean Bracken, 9913 W. 58 St., President of the Condo Association, is concerned with trespassing on their property; she is not clear re: the traffic impact. They have a problem exiting their property; traffic coming into the area will impact them. One of the condo driveways is directly opposite from one of their exits. Mr. Aboon stated that the traffic study incorporated all those concerns. The eastern curb cut is an entrance only and will not impact their driveway. This is a very low impact use; the character of the intersection will not be altered. The traffic study was done while school was in session. Andy’s peak business is normally later in the day after rush hour, at 7-8 pm.; that is another positive factor. The length of the traffic signal on 58^th & LaGrange Road is controlled by the State. Traffic on 58^th St. is very minimal after the rush hour.

Ms. Lauren McCauley, 9915 W. 58 St., lives in a corner unit on the second floor and sees all the oncoming lights from traffic across the street. She fears that additional traffic lights will impact her bedroom and living room. Mr. Swanson stated she will not be impacted since the eastern curb cut is an entryway only with car headlights facing away from her building.

Mr. Kuntz made a closing statement; he appreciates the time provided by the Board for this hearing. He will work with the community to be a good neighbor. They will have a business that will serve the community proudly. They look forward to beginning the project. Mr. Lube moved to close the Evidentiary Portion of the hearing, seconded by Mr. Toth and carried by unanimous voice vote.

Attorney Yehl recapped the variances in an orderly fashion: – Section 10-9-1-3 (F) – to permit a PUD application; Board agreed. Section 8-5-6 (J) – blinking and flashing lights limitation; Board denied that portion but allowed the lit neon fascia except for the east side facing residents; lights are off after closing. Section 8-5-7 – to allow animated signage — Board members voted 1/8/0 to deny. Section 8-5-9 (B-3) – to permit a 20′ freestanding sign with 7′ clearance. Section 8-5-9 (B-1) – to permit 3 menu boards; Board agreed. Section 10-10-3 (I) – to permit 12 parking spaces in the front yard setback. Section 10-15-3-5 (F-6-A) – to permit absence of a 5′ wide landscape area along the perimeter of the parking lot on 58^th St.. Section 10-15-3-5 (F-8-A) – Mr. Kuntz will provide dwarf trees or shrubbery as stated. Section 10-10-5 (B) to permit a drive-thru with six vehicle stacking rather than the required ten vehicles; Board agreed.

The requested special uses — Section 10-6A-2 – to permit a drive-thru facility on the north side and Section 10-6-A-3 – to permit an outdoor dining area on the south and west sides; Board agreed.

Mr. Benson moved to recommend approval for the PUD with variances for .51 acre instead of 1 acre; for a sign 20′ high instead of 16’2; for the three menu boards; for 12 parking spaces in the front yard setback; for the absence of a 5′ wide landscape area; for the drive-thru facility with six stacking spaces instead of ten; and two special uses to permit a drive-thru facility on the north side and to permit an outdoor dining area on the south and west sides of the property; all subject to the following conditions: — No lights on the east side of the building; the east curb cut is for entry only with proper signage; the middle curb cut is exit only with proper signage; the parking lot be appropriately marked and west curb cut (drive-thru exit) will have a severe pork chop directing traffic toward LaGrange Road. The Board moves to deny the variance request for the blinking, flashing lights and for the 35′ tall rotating sign, seconded by Mr. Stoub and carried by unanimous Roll Call vote – 9/0/0. Chairman Fullmer stated that this matter will come before the City Council at its Regular Meeting on February 13, 2013.

OTHER BUSINESS

Chairman Fullmer stated that the public hearing for the Text Amendment will be postponed to the February 5, 2013 meeting. Mr. Swanson stated that Continental Mitsubishi will present a plat of consolidation at the February meeting. Mr. Bednar moved to table the text amendment to February 5, 2013, seconded by Mr. Stoub and carried unanimously.

ADJOURNMENT

Mr. Stoub moved to adjourn the meeting, seconded by Mr. Toth and carried unanimously.

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

RICHARD FULLMER, JR., CHAIRMAN