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, JULY 9, 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. Mark Benson, Ms. Tina Grotzke, Mr. Crecencio Gonzalez IV, Mr. Bryon Bednar.

ABSENT:Mr. Richard Toth.

ALSO PRESENT:Atty. Peck, EDC Swanson, and Ald. Jasinski.

APPROVAL OF MINUTES

The first order of business was approval of the minutes of the May 7, 2013 meeting. Mr. Gonzalez 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: White Castle Restaurant, 6059 S. LaGrange Road

Public Hearing Notice for the proposed variance application was published in the June 20, 2013 edition of The Doings Newspaper.

Front Yard Parking Setback Variances and Signage Variances to the

Existing White Castle Restaurant as follows:

Requested Variances:

Consideration of a variance to Section 10-10-3 F (in yards) to permit a front yard setback of 15′ along Joliet Road and a front yard setback of 15′ along LaGrange Road instead of the required 25′ front yard setback along Joliet Road and LaGrange Road.

Consideration of a variance to Section 8-5-9-B-1 (freestanding signs – number) to permit the relocation of two existing legal non-conforming freestanding signs – at the real estate commonly known as 6059 South LaGrange Road, Countryside, IL 60625.

The Applicant is — the Trustees of White Castle Profit Sharing Plan and Trust; their address is 555 West Goodale Street, Columbus, OH 43215. The Applicant is represented by Atty. Victor Cacciatore, 39 South LaSalle St, Suite 1010, Chicago, IL 60603.

Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Benson and carried by unanimous voice vote. The applicant was sworn in by Chairman Fullmer. The required Proof of Notice was received by the Building Department. EDC Mr. Swanson made the Staff presentation:

He presented aerial photos and discussed the existing conditions at the White Castle Restaurant at the corner of LaGrange Road and Joliet Road. Due to the future land acquisitions by IDOT, White Castle will lose footage on both roadsides for intersection improvements. The Shell Gas Station property on the NE corner will be eliminated in its entirety. White Castle proposes a 15′ front yard setback along Joliet Road and a 15′ front yard setback along LaGrange Road, instead of the required 25′ front yard setback without parking. White Castle seeks a 15′ front yard setback with landscaping and the remaining 10′ being utilized for regular parking stalls. Curbs and the parking lot will be improved; one curb cut on Joliet Road will be eliminated.

The current two freestanding legal non-conforming signs and will be to different locations. White Castle will lower both signs to the 20′ height requirement. The IDOT property acquisition date is unknown; therefore, Staff recommends that a ten-year extension be granted to the applicant if the project is recommended for approval.

Mr. Cacciatore complimented Mr. Swanson on his accurate portrayal of the project and thanked him for assistance with the application process. White Castle will lose the western curb cut on Joliet Road, as stated; they currently have 52 parking spaces, but with the IDOT takeover and the parking lot reconfiguration, all 52 parking spaces will remain intact. The current Shell Gas Station will become vacant land. White Castle will become the southern gateway to the City.

Question re: need to retain the 52 parking spaces. Mr. Lube stated that many times semitrailers park in the lot and may use 5-6 car spaces and then make the turn around, so there is no problem with that. This project will not begin until after IDOT has completed its plans for widening the intersection. White Castle’s plans will not be implemented until after the entire IDOT project is completed. There were no further questions from Board members. There were no questions from Interested Persons. Mr. Swanson requested that this matter not appear before the City Council until the August 14 Regular Meeting.

Mr. Cacciatore had no closing statement – there were no further questions. Atty. Peck stated that for the record the Proposed Remedy Plan by Christopher B. Burke Engineering is received in evidence as Exhibits A, B, C and D respectively. Mr. Stoub moved to close the evidentiary portion of the Public Hearing in this matter, seconded by Mr. Lube and carried by unanimous voice vote.

Mr. Benson moved to recommend approval of a variance to Section 10-10-3F to permit a front yard setback of 15′ along Joliet Road and a 15′ front yard setback along LaGrange Road instead of the required 25′, and a variance to Section 8-5-9-B-1 to permit relocation of two existing legal non-conforming freestanding signs in substantial conformity with Petitioner’s Exhibits A, B, C and D, with the condition that the variance will commence when IDOT completes construction of their project at the property commonly known as 6059 S. LaGrange Road, seconded by Ms. Grotzke and carried by Roll Call vote – 7/1/1. Mr. Anderson opposed. Chairman Fullmer stated that this matter will come before the City Council at its Regular Meeting on August 14, 2013.

Public Hearing re: Consideration of a PUD at 9825 W. 55^th St.

Public Hearing Notice for the proposed Planned Unit Development was published in the June 20, 2013 edition of The Doings Newspaper.

To Consider a planned unit development (PUD) 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 animal hospital.

Requested Variances:

Section 10-10-5C – Schedule of Parking Requirements: Community Service Uses – to permit the development of an animal hospital with 62 parking spaces instead of the required 115 parking spaces per Code.

Section 10-6C-1 – Permitted Uses – to permit an animal hospital to provide overnight boarding of animals.

Section 10-6C-1 – Permitted Uses – to permit an animal hospital to provide an animal daycare facility.

Requested Special Uses

Section 10-6C-2 – Special Uses – to permit a residential apartment above a commercial use.

Section 10-6C-2 – Special Uses – to permit outdoor dog holding kennels and an exercise area – at the real estate commonly known as 9825 W. 55^th St. (former Dan Wolf parking lot), Countryside, IL 60525.

The Applicant is Mr. Robert W. Edwards of RWE Management Company, 16 W 361 South Frontage Road, Suite 106, Burr Ridge, IL 60527. The property owner is Mr. Daniel Wolf, 2480 Aurora Avenue, Naperville, IL 60540.

Mr. Lube moved to open the Public Hearing in this matter, seconded by Mr. Stoub and carried unanimously. Proof of Notice has been received by the Building Department. Mr. Edwards, et al, were sworn in by Chairman Fullmer. EDC Mr. Swanson made the Staff presentation:

He noted that B-1 is the most restrictive of the three business zoning classifications. A special use requires additional review and oversight by the City. A PUD is a zoning classification set aside for projects that are deemed unique. This property will have its own specific zoning classification. The property in question is 9825 W. 55^th St. – that has been a vacant parking lot for the past ten years – adjacent to Charter Fitness on the south side of 55^th St. – located east of LaGrange Road and west of the property is 1.3 acres and is zoned B-3. The project before the Board tonight is the construction of an animal hospital. City Code does not regulate parking for animal hospitals. Staff was forced to use general hospital standards for the parking calculator. It was determined that 115 spaces were required. The applicant proposes 62 parking spaces — more than adequate for use as an animal hospital; therefore the applicant requests a parking variance. A landscape buffer will be provided on the south and west.

The applicant requests a variance to provide overnight boarding of animals at this particular location and a variance to establish a daycare facility. City Code does not list animal daycare as a permitted use but a similar variance was granted to the Barker Shop on 55^th St.

The applicant requests a special use to permit a residential apartment above a commercial use; the entire building will be fully sprinkled per code. The apartment will allow for supervision of the hospital and animals 24/7. The applicant also requests a special use to permit an outdoor dog holding kennel and exercise area on the property. All outdoor activities of a business must take place within the confines of the property.

The Grading Plan indicates a 20,000 s.f. building and a sidewalk on 55^th St. The south end of the property holds a retention area; water will be kept on the property – see the letter from the City Engineer after reviewing the plans. There will be parking on the south, west and north sides of the property with a masonry trash enclosure on the south. There An 8’3 PVC fence is proposed – Mr. Swanson stated that may be changed to a wood fence with steel columns. Full landscaping will be placed around the building on the west and north sides – there is no landscaping at present. The lighting plan calls for zero % spillage; no lights will be seen from the residential area; all light standards will be directed back to the property. The floor plan shows both floors of the building. This will be a state-of-the-art facility with exceptional technology. The elevations are unique – brickwork fa̤ade with a privacy fence will insure that animals are not visible to the public.

Mr. Edwards stated that the three owners are Dr. John Coyne, Dr. Jeremy Buishas and Dr. Arlene Rodriguez. Also present are the architects, Bill and Mike Mathis from Linden Group. Mr. Edwards has worked with these owners on other successful facilities. They plan a 24/7 operation at this location. No appointments are needed; they will provide all-inclusive services re: boarding, grooming, hospital, dietetic, medical emergencies, rehabilitation, diagnostic x-rays, etc. Being a good neighbor is paramount. They create buffers for the outdoor exercise areas that separate animals from residential to the rear – including parking, landscaping and fencing. The east side will have a masonry wall with a roofed area that aids in containing both sounds and odors.

They have built over 85 facilities in the greater Chicagoland area over the past 25 years. Their HVAC systems are designed to turnover the air 10 times per hour. All areas, indoor and outdoor, are continuously sanitized making them free of odor. The floor plan provides for a Holidome-type concept with rooms around the perimeter and groomers and staff in the center. They will have 8 examining rooms, a grooming area; indoor exercise area plus outdoor holding kennels and comfort rooms. All the veterinarians specialize and are qualified to do advanced testing and surgery. They will employ 20-25 people; physical therapists, orthopedists Mr. Lube asked about waste disposal. Mr. Edwards noted that solid waste are picked up in plastic bags and put in the dumpster – trash is picked up 2-3 times weekly. He guarantees no odor issues. Deceased animals are bagged and frozen, then sent to the crematorium. The masonry wall encloses a roll-out covered container; there is no basement.

Ms. Grotzke asked whether they built the facility she works at in Westmont – Mr. Edwards stated that they built that facility 8 years ago. Ms. Grotzke stated it is a high-class operation; she is excited that they are coming to Countryside. Chairman Fullmer asked about the need for an apartment. Mr. Edwards stated that they need a facility manager on site – probably interns working with the University of Illinois who need a place to stay. Mr. Gonzalez is impressed with the plan; he asked about servicing exotic animals, parrots, iguanas – Mr. Edwards stated they will handle small animals, cats, dogs, birds, etc. There will be a service elevator. Their retail area will offer prescription diets, treats, leashes, grooming items, shampoos, etc. Mr. Benson inquired about the number of animals boarded – their maximum capacity is 140 -there will be peak periods – the day care and hospital may overlap between 25-40 animals. They have a dog rescue service and will offer Adopt A Pet programs in conjunction with the Humane Society.

There is a large indoor exercise area; animals are limited to the outdoor holding kennels only during the time their indoor kennels are being sanitized. Mr. Lube is concerned about noise at the outdoor kennels; dogs are rotated through them for no more than an hour. They found that traffic noise is usually louder than animal noises; if that becomes a problem they would add more sound barriers. Mr. Lube is opposed to the outdoor holding kennels. Mr. Stoub questioned the lighting for the parking area at night. Mr. Edwards stated that they use reflectors on the pole fixtures so there is no light spillover. Mr. Bednar believes it is a great project that will enhance the 55^th St. corridor.

Chairman Fullmer asked for questions from Interested Persons. Carolyn Lange – 9814 W. 56 St. is concerned about the west side of the building – is there any fencing there? Mr. Edwards stated that the fencing would enclose the outdoor exercise area and the fencing at the rear of the property; there is no fencing on the west, only the five foot landscape buffer completely around the property. The retention pond holds water runoff – considered a dry pond that will store water until it dissipates into the grassy area.

Larry Klingbeil, 9814 W. 56 St., asked if water overflow will drain into the parking lot. Mr. Edwards stated there is a restrictor controlling water flow; water will remain on the property. Catherine Dugan, 5424 – 8^th Ave., stated it is a beautiful building. She Her concern is that barking dogs in the outdoor kennels will affect neighborhood dogs. Mr. Edwards found this not to be a problem in other locations. Suggestion to not use the outdoor kennels after 6 p.m. Don McGordy, 5602 Ashland, asked about feeding time. Dogs are fed at 7 a.m. and let out after that time. Ald. Jasinski suggested that the signage facing residents across 55^th St. should be dimmed at night – lights should be toned down after hours. Ms. Lane asked about the fence on the SW side – landscaping with a partial fence equals 100% buffer. On the east side there is a full fence going south to north.

Tony Orlo, 9710 W. 56 St. is concerned with the retention pond water remaining on the property. Mr. Edwards stated that new requirements for storm water dictate that it must remain on the property and drain into the storm system; the water drainage and restrictor may be a benefit to neighbors. Residents are concerned with sound and odor for 140 dogs. Dogs are never out at night. Atty. Peck stated that if neighbors complain, the nuisance ordinance can be invoked. A citation would be issued and at an adjudication hearing held where they could be fined $750 per day. Mr. Edwards is amenable to installing a wood privacy fence 8’3 high with metal supports and a proper foundation.

Andy Polivka is a realtor, 165 Saddlebrook Drive, Oak Brook, IL, who sold the property. He stated that they are bound by regulations and licensing – under the Department of Agriculture. Mr. Benson asked about the night staff – probably 3-5 people at first and increase as the demand increases – 1 doctor, 1 technician and 1 receptionist. The monument sign has illuminated letters – Countryside Veterinary Center – lighting should be dimmed at night. Mr. Gonzalez asked about late night security measures. Dr. Rodriguez stated that there will be a double door system with an alarm button. Patrons will be buzzed in; doors are locked; security camera and emergency button are available. Mr. Edwards stated they wish to be a good neighbor. Mr. Gonzalez moved to close the evidentiary portion of the Public Hearing, seconded by Mr. Stoub and carried by voice vote. Atty. Peck entered into evidence all the plans presented at the hearing for Countryside Veterinary Center as Petitioner’s Exhibit A.

Mr. Peck reiterated the conditions discussed re: 0% spillage of lighting and all lights directed to the building; install an 8’3 privacy fence along the south side of the property; (no use of the outdoor kennels between 10 p.m. and 7 a.m.; signage lighting reduced after 10 p.m. Ms. Grotzke moved to recommend the PUD, seconded by Mr. Lube, with the following variances and special uses:

(1) A variance to permit construction of an animal hospital with 62 parking spaces rather than the 115 required parking spaces;

(2) A variance to provide overnight boarding of animals in the hospital;

(3) A variance to provide an animal daycare facility at the hospital;

(4) A special use to permit a residential apartment above a commercial use;

(5) A special use to permit an outdoor dog holding kennel and exercise area on the property commonly known as 9825 W. 55^th St. all in substantial compliance with Petitioner’s Exhibit A, which is the Countryside Veterinary Center zoning submittal, subject to the following conditions:

1 – that there be 0% light spillage and all parking lot lights be directed towards the building;

2 – that an 8’3′ privacy fence be installed on the south side of the property with metal supports;

3 – the use of the outdoor holding kennel is prohibited from 10 p.m. to 7 a.m.;

4 – the signage lighting is reduced after 10 p.m. Motion carried by Roll Call vote – 8/0/1. Chairman Fullmer stated that this matter will come before the City Council at its Regular Meeting on July 24, 2013.

(Whereupon there was a five-minute recess.)

Other Business

Mr. Swanson provided members with the new 2013 City of Countryside Zoning Map and asked that they review same. He stated that there will be a Special Meeting of the PC/ZBA next Thursday, July 18, at 7:30 p.m. to revisit the TitleMax matter. Chairman Fullmer advised members to speak to their Aldermen about it.

Mr. Swanson stated that an application for a swim school will be heard at the August meeting; sidewalk and landscaping will be installed. Spirit Halloween is requesting a zoning change and special use to occupy the same space. Discussion re: other construction projects occurring in Countryside – Outriggers, Hooters, City Center.

Adjournment

There being no further business to discuss, Mr. Benson moved to adjourn the meeting, seconded by Mr. Stoub and carried by unanimous voice vote.

Chairman Fullmer declared the meeting adjourned at 9:30 p.m.

RICHARD FULLMER, JR., CHAIRMAN