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, JANUARY 4, 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, Ms. Tina Grotzke, Mr. Mark Benson, Mr. Richard Toth.

ABSENT: Mr. Charles Stoub, Mr. Daniel Moss, and Mr. Crecencio Gonzalez IV.

ALSO PRESENT: Atty. Erik Peck, Ald. Pondelicek, CDP Swanson, Mayor Conrad, Police Chief Ruth

APPROVAL OF MINUTES

The first order of business was approval of the minutes of the December 7, 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: 5601 & 5611 S. LA GRANGE ROAD – TACO BELL

Chairman Fullmer read the Notice of Public Hearing published on December 17, 2010 in THE DOINGS NEWSPAPER:

Consideration of a Planned Unit Development (PUD) pursuant to Section 10-9-3 of the City of Countryside Municipal Code (Zoning Ordinance) to construct a new Taco Bell Restaurant:

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

To consider a special use pursuant to Section 10-6C-2 of the Municipal Code to operate a drive-thru facility;

To consider a special use pursuant to Section 10-6C-2 of the Municipal Code to operate an outdoor dining area;

To consider a special use pursuant to Section 8-5-9(A) to operate an electronic message board on a freestanding sign;

To consider a variance to Section 8-5-9(B-3) to allow a freestanding sign which exceeds 100 square feet per side;

To consider a variance to Section 8-5-9(B-5) to allow a freestanding sign without the seven-foot separation between the bottom of the sign and ground level;

To consider a variance to Section 10-10-5(B) to allow a drive through facility which does not provide the minimum of ten stacking spaces:

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

The applicants, Mario Valentini, architect and Dick Rediehs, CEO Taco Bell, were 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 zoning is B-3 service and wholesale; estimated size of both lots is 40,395 s.f. or .92 acres. He stated that a Planned Unit Development encourages flexibility in land development and provides a creative approach to land use. The applicant proposes to handle this project as a PUD since it will require variances and multiple special use considerations. The two properties are 5601 the former Car-X property and 5611 the existing Taco Bell Restaurant. East of the property are multifamily zoned properties; commercial properties adjoin the southern border and the western border across LaGrange Road. Taco Bell Corp. owns the restaurant at 5611 LaGrange Road. They wish to raze the existing building and the former Car-X building and construct a new 3,178 s.f. facility. The applicant proposes a Plat of Consolidation of both lots into one parcel.

The proposed site will accommodate 60 seats in the dining room and will provide 37 standard parking spaces plus two accessible spaces; the present code requires 16 spaces. Two of the three curb cuts on LaGrange road will be closed. The existing Car-X 56^th St. curb cut will be maintained along with a second proposed curb cut. Taco Bell proposes a drive through on the east side exiting on 56^th St. Hours of operation for the drive through facility will be 10 am to 2 am Sun-Thurs. and 10 am to 3 am on Fri-Sat. The project proposes outdoor dining on the north side of the property with hours of operation the same as the restaurant – 10 am to 10 pm. The project proposes stacking for nine vehicles as opposed to a minimum of 10 vehicles required by the code. They are requesting a freestanding sign utilizing electronic signage. The face of the sign exceeds the maximum 100 s.f. per side by one square foot. The 93 s.f. pylon sign was depicted on the screen with a height of 20 feet; the base is 6’8 from the ground.

The proposed lighting plan indicates a 0.2 lumen level near the property line to the east and south sides of the property. The traffic study and engineering is under review by the City Engineer; preliminary comments indicate increased traffic on 56^th St. Preliminary comments regarding drainage are positive. A rendering of the landscaping plan shows adequate dispersal of trees and bushes throughout the public way and surrounding the building and parking area. The site plan depicts the most recent architecture style of the Taco Bell franchise with color photos of what the completed restaurant may look like using updated architectural style and construction material.

Mr. Mario Valentini, Architect with Warren Johnson, appeared on behalf of Shamrock Development for the Taco Bell project. Mr. Swanson made an exceptional presentation. Taco Bell will increase building size, seating capacity, improve appearance of the building with the new prototype plan, and provide better visibility with a corner location.

He will answer questions from Board members. Discussion re: the drive thru exit on 56^th St. would circulate additional traffic through a residential area. Board members oppose that concept. Mr. Dick Rediehs, CFO of Taco Bell, stated to eliminate that driveway would cause traffic to exit on LaGrange Road, which is very dangerous. A suggestion made to put up a Left Turn Only sign at the driveway exit. At peak hours northbound traffic has difficulty turning into the present Taco Bell. IDOT has final approval on all curb cuts; they have not provided the final review. They will work with Mr. Fitzgerald on the egress issue re: whether future plans for LaGrange Road include an unmountable median. There is no advantage to having the corner lot if the ingress/egress is limited. They have petitioned Yum Brands to add another food vendor to no avail; they are making the building large enough for that possibility – Yum Brands is the parent corporation that owns KFC, Pizza Hut, Long John Silver and Taco Bell. They have completed a traffic study and the numbers are significantly different on 56^th St. and on LaGrange Road. Attorney Peck suggested that the applicant work with IDOT and City Engineer Fitzgerald regarding the egress issues on 56^th Street (with a left pork chop) and two curb cuts on LaGrange Road.

Discussion took place regarding the fence – it should be 8’3 between commercial/ residential. Discussion re: location and placement of the sign. There were no questions from interested parties. Mr. Toth moved to close the evidentiary portion of the hearing, seconded by Mr. Jasinski and carried unanimously. Mr. Lube moved to recommend approval of the PUD with the following special uses and variances: — 1) a Plat of Consolidation of Lots 1 and 2 in Silhavy’s Resubdivision; 2) a special use to permit the operation of a drive-thru facility; 3) a special use to permit operation of an outdoor dining area on the property; 4) consideration of a special use to operate an electronic message board on a freestanding sign; 5) a variance to allow a freestanding sign which exceeds 100 square feet per side; 6) a variance to allow a freestanding sign without the 7-foot separation between the bottom of the sign and ground level; and 8) a variance to allow a drive-thru facility which does not provide the minimum of ten stacked parking spaces all subject to the following conditions: that there by no ingress/egress on 56^th Street with two driveways on LaGrange Road, to be determined by IDOT and the City Engineer, seconded by Mr. Jasinski and carried by Roll Call vote – 6/0/3. This recommendation will come before the City Council at its Regular Meeting on January 26, 2011.

PUBLIC HEARING RE: SALEM SQUARE SHOPPING CENTER

Chairman Fullmer read the Notice of Public Hearing to consider an amendment to the final Salem Square Shopping Center Planned Unit Development (PUD) to allow a physical therapy business to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance):

To consider an amendment to Section 10-9-3 (Planned business or office developments), Title 10, Chapter 9 in the Municipal Code of the City of Countryside in order to allow an ATI Physical Therapy business to locate within an outlot building on the Salem Square Shopping Center property;

At the real estate commonly known as 705 West Plainfield Road, Suite 3, Countryside, IL 60525, located on the property of the Salem Square Shopping Center at 5555 Brainard Avenue, Countryside, IL 60525.

Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Toth and carried unanimously. The applicant, Steve Kolber, Architect and Chris Orr, Director of ATI, were sworn in by Chairman Fullmer. Proofs of Notice have been received by the Building Department.

CDP Mr. Swanson presented the Staff report: The address of the subject property is 705 West Plainfield Road located within the Salem Square Shopping Center at 5555 Brainard Avenue. Zoning is B-1 retail PUD; estimated size of the entire shopping center is 9.97 acres. Applicants are seeking an amendment to the Salem Square PUD Agreement. The subject property is in the shopping center and is surrounded by commercial enterprises. The aerial photo indicates the residential nature of the land surrounding the shopping center. The outlot building is located near the existing bank on Plainfield Road. The approximate building size is 4,800 square feet.

In 2007 the Inland Real Estate Group was granted PUD approval to improve Salem Square property. Improvements to the fa̤ade and site drainage were highlights of the approval as well of construction of two outlot buildings. As part of the PUD agreement a PILOT (payable in lieu of tax) fee was approved between the City and Inland for any business that locates in the development that does not produce a sales tax. ATI Physical Therapy wishes to locate in the outlot building and occupy 3,081 s.f. Physical therapy use is considered a special use in the B-2 limited service zoning district. The petitioner requests an amendment to the PUD agreement to allow the health service use as a permitted use in that district. Possible conditions of recommendation are hours of operation and an additional PILOT fee. The outlot building will be divided into two uses – a nail salon and ATI physical therapy. That concludes the staff presentation.

Steve Kolber of Forum Architects represents all the ATI locations throughout the country. He thanked Mr. Swanson for his thorough presentation. They hope to occupy the 3,081 square feet in the outlot building. Hours of operation are 7 am to 7pm. At the maximum perhaps 14-15 people per hour would use the facility on a one-to-one basis; there is no problem with traffic or parking. Due to the nature of the zoning they are requesting a special use permit to occupy the premises. He will answer any questions. ATI does offer transportation for clients who need it, but most clients drive to the facility. There were no questions from interested persons. Mr. Kolber asked whether the recommendation could be addressed by the City Council as soon as possible.

Mr. Toth moved to close the evidentiary portion of the hearing, seconded by Ms. Grotzke and carried unanimously. Ms. Grotzke moved to amend the PUD to allow a Physical Therapy business as a health care use and make it a permitted use in that PUD and that the finance director review the PILOT program and make a recommendation to the City Council – all on the property commonly known as Salem Square Shopping Center, 5555 Brainard Avenue, seconded by Mr. Toth and carried unanimously 6/0/3. Chairman Fullmer stated that this matter will come before the City Council at its Regular Meeting on January 12, 2011.

(Whereupon a five-minute recess was had.)

PUBLIC HEARING RE: VALUE CITY FURNITURE

Chairman Fullmer read the Notice of Public Hearing to consider a variance and special use to permit a Rent-A-Center business within Value City Furniture to portions of the City of Countryside Municipal Code (Zoning Ordinance);

Consideration of a variance pursuant to Section 8-C-3(A) to permit a rental furniture business which is listed as a prohibited use on the LaGrange Road Arterial Corridor Overlay District (ARC);

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

At the real estate commonly known as Value City Furniture, 1 Countryside Plaza, Suite 300, Countryside, IL 60525.

Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Toth and carried unanimously. The applicant, Michael Bilski, was sworn in by Chairman Fullmer. Proofs of Notice have been received by the Building Department.

CDP Mr. Swanson presented the Staff report: The address of the subject property is 1 Countryside Plaza (Value City Furniture). The property is zoned B-1 retail PUD. Applicants are seeking 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 subject property is adjacent to other commercial real estate.

The Rent-A-Center wishes to occupy 70-100 square feet within Value City Furniture to establish an office for customers unable to purchase furniture outright at VCF. The rental furniture will not be stored on site. The proposed use requires a variance since it is located along the LaGrange ARC and is considered a prohibited use. The proposed use also requires a special use since it is a business in which less than 50% of its income is generated by a retailer’s occupation or service occupation tax for the City.

Michael Bilski reiterated Mr. Swanson’s statements re: size and location. He stated that they are in Ashley Furniture and Value City Furniture stores throughout the country. Rent-A-Center purchases the furniture from Value City; their client has a contract — lease to own the furniture from Rent-A-Center and makes monthly payments to them; when they pay off the loan, they own the furniture. Discussion re: who gets the sales tax – the corporate office, the State of Illinois and the City of Countryside divide the tax proportionately. There were no questions from interested parties. Mr. Jasinski moved to close the evidentiary portion of the hearing, seconded by Mr. Toth and carried unanimously.

Mr. Lube moved to approve a rental furniture business on the LaGrange Road Arterial Corridor Overlay District, as well as a recommendation to approve a special use for a rental furniture business in which less than 50% of income is generated by a retailer’s occupation or service occupation tax subject to the following conditions: 1) that theRent-A-Center within Value City Furniture is no larger than 100 square feet; 2) that the finance director reviews the sales tax and makes a recommendation as to the PILOT program on the property commonly known as 1 Countryside Plaza, Suite 300, seconded by Mr. Jasinski and carried unanimously – 6/0/3. Chairman Fullmer advised that this recommendation will come before the City Council at its Regular Meeting on January 26, 2011.

PUBLIC HEARING RE: TEXT AMENDMENTS

Consideration of text amendments to portions of the City of Countryside Municipal Code (Zoning Ordinance) as follows:

To consider a revision to Section 8-C-3(A) land uses and 8-C-3(B) special uses in the LaGrange Road Arterial Corridor Overlay District; to consider removing vehicle, car and truck washing facilities from Section 8-C-3(1) Prohibited land uses and adding vehicle, car and truck washing facilities to Section 8-C-3(B) special uses.

Chairman Fullmer stated that after last month’s meeting wherein the City Council allowed a car wash to be opened on LaGrange road, this matter was put on tonight’s agenda. Staff was directed to publish a proposed text amendment to modify the existing ARC ordinance to remove car washes from the prohibited list and add them as a special use in the ARC ordinance. Members discussed the recent car wash business that opened on LaGrange Road. After discussion Board members agreed to leave the language as is, and include a Table of Prohibitions and make it a special use.

Christmas tree lots are a special use as an outdoor sales use. Should that be an accessory use or permitted use with certain conditions placed upon it. The Dutch Village at 6150 South LaGrange Road has outdoor sales, pumpkins, Christmas trees, etc. Clean-up must be one week after the holiday; fencing should be included. Should a text amendment be added to the Code to cover outdoor Christmas tree sales? This will go on the agenda for next month.

ADJOURNMENT

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

Chairman Fullmer declared the meeting adjourned at 9:55 p.m.

RICHARD FULLMER, JR., CHAIRMAN