PLAN COMMISSION – ZONING BOARD OF APPEALS
CITY OF COUNTRYSIDE
MARCH 2nd, 2010 – 7:30 PM
ROLL CALL MEMBERS: MR. RICHARD FULLMER, JR. (CHAIRMAN), MS. TINA GROTZKE, MR. ROBERT LUBE, MR. DANIEL MOSS, MR. RICHARD TOTH, MR. CHARLES STOUB, MR. CRECENCIO GONZALEZ, MR. JIM JASINSKI
APPROVAL OF MINUTES: FEBRUARY 2nd, 201O
PUBLIC HEARINGS: Public hearing notice for the following text amendments were published on February 11th, 2010 in the Doings Newspaper.
CONSIDERATION OF TEXT AMENDMENTS TO PORTIONS OF THE CITY OF COUNTRYSIDE, IL MUNICIPAL CODE (ZONING ORDINANCE)
CONSIDERATION OF AMENDING SECTION 10-6A-1 (PERMITTED USES IN THE B-1 RETAIL BUSINESS DISTRICT): TO CONSIDER REMOVING NON-SALES TAX PRODUCING PERMITTED USES AND ADDING THOSE USES AS SPECIAL USES; AND
CONSIDERATION OF AMENDING SECTION 10-6A-2 (SPECIAL USES IN THE B-1 RETAIL BUSINESS DISTRICT): TO CONSIDER ADDING NON-SALES TAX PRODUCING USES AS SPECIAL USES; AND
CONSIDERATION OF AMENDING SECTION 10-6B-1 (PERMITTED USES IN THE B-2 LIMITED SERVICE BUSINESS DISTRICT): TO CONSIDER REMOVING NON-SALES TAX PRODUCING PERMITTED USES AND ADDING THOSE USES AS SPECIAL USES; AND
CONSIDERATION OF AMENDING SECTION 10-6B-2 (SPECIAL USES IN THE B-2 LIMITED SERVICE BUSINESS DISTRICT): TO CONSIDER ADDING NON-SALES TAX PRODUCING USES AS SPECIAL USES; AND
CONSIDERATION OF AMENDING SECTION 10-6C-1 (PERMITTED USES IN THE B-3 SERVICE AND WHOLESALE BUSINESS DISTRICT): TO CONSIDER REMOVING NON-SALES TAX PRODUCING PERMITTED USES AND ADDING THOSE USES AS SPECIAL USES; AND
CONSIDERATION OF AMENDING SECTION 10-6C-2 (SPECIAL USES IN THE B-3 LIMITED SERVICE BUSINESS DISTRICT): TO CONSIDER ADDING NON-SALES TAX PRODUCING USES AS SPECIAL USES; AND ADDING THOSE USES AS SPECIAL USES
ELECTRONIC SIGN DISCUSSION
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, MARCH 2, 2010
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. Richard Toth, Mr. Crecencio Gonzalez IV.
ALSO PRESENT: Atty. Erik Peck, Mayor Conrad, Ald. Pondelicek, CDP Swanson,
APPROVAL OF MINUTES
The first order of business was approval of the minutes of the February 2, 2010 meeting. Ms. Grotzke moved to approve the minutes as presented, seconded by Mr. Stoub 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.
Chairman Fullmer read the Notice of Public Hearing for the following text amendments which was published on February 11, 2010 in The Doings Newspaper.
Consideration of amending Section 10-6A-1 (permitted uses in the B-1 Retail Business District): to consider removing non-sales tax producing permitted uses and adding those uses as special uses;
Consideration of amending Section 10-6A-2 (special uses in the B-1 Retail Business District): to consider adding non-sales tax producing uses as special uses;
Consideration of amending Section 10-6B-1 (permitted uses in the B-2 limited service business district): to consider removing non-sales tax producing permitted uses and adding those uses as special uses;
Consideration of amending Section 10-6B-2 (special uses in the B-2 limited service business district): to consider adding non-sales tax producing uses as special uses;
Consideration of amending Section 10-6C-1 (permitted uses in the B-3 service and wholesale business district): to consider removing non-sales tax producing permitted uses and adding those uses as special uses; and
Consideration of amending Section 10-6C-2 (special uses in the B-3 limited service business district): to consider adding non-sales tax producing uses as special uses; and adding those uses as special uses.
Mr. Toth moved to open the Public Hearing in this matter, seconded by Mr. Lube and carried unanimously. City Planner Mr. Swanson stated that Staff was directed to publish text amendments to the B-1, B-2 and B-3 commercial zoning districts for the City and to take all non-sales tax generating permitted uses out of permitted uses section for each zoning district and to add those as Special Uses in each zoning district. Mr. Swanson has prepared a listing of all permitted uses in the B-1 Retail zoning district, along with Special Uses in the B-1 Retail zoning district. He further listed all the permitted uses in the B-2 Limited Service zoning district and the special uses in the B-2 Limited Service zoning district. And finally he listed the permitted uses in the B-3 service and wholesale zoning district and the special uses in the B-3 service and wholesale zoning district. Board members discussed the particulars of each of these categories.
Attorney Peck put the subject matter into perspective stating that changes will provide for taking non-sales tax generating businesses and making them a special use, keeping in mind that they will impact the neighboring land necessitating the special use designation. The Board must determine whether a business is in the best interest of the City to permit that use, keeping in mind three specific guidelines – 1) The economic needs of the City fall into the general welfare category 2) that the use will not be injurious to the enjoyment of other properties in the vicinity, and 3) that establishment of use will not impede the normal and orderly development and improvement of surrounding property. If a business is not generating sales tax the City can be compensated by requiring a fee in lieu of sales tax. The Board may require over 50% of a business to produce sales tax – language that would be included in any amendment. Mr. Peck also stated that the City may create a Zoning Overlay along the LaGrange Road Corridor restricting non-sales tax generating businesses from locating there. The City cannot prohibit businesses but may restrict certain businesses to locations most beneficial to the City. Attorney Peck and Mr. Swanson will draft a recommendation and map of zoning overlay for the LaGrange Corridor, with the Board’s direction, and have it ready for next month’s meeting, including language that 50% of the income must be from sales tax generating businesses.
Ms. Grotzke moved to recommend that all non-sales tax generating businesses be moved into the special use category as well as any business whose income is not at least 50% sales tax producing, as well as any unlisted businesses whose income is not at least 50% sales tax producing become special uses in the B-1, B-2 and B-3 zoning districts, seconded by Mr. Toth and carried by Roll Call vote – 8/0.
Mr. Peck stated that any future business or expansion of a current business would be required to become a special use. The zoning overlay will be developed and presented at the next meeting.
Chairman Fullmer would like pawn shops, resale shops and precious metals dealers’ operations researched and discussed at the next meeting, along with the Zoning Overlay on LaGrange Road addressed.
Mr. Lube discussed future parking arrangements for restaurants – currently reflected in the retail space footage. The City may have to go to a per table ratio rather than square footage. As the City grows, the problem is growing exponentially.
He would like to see research on how different communities handle restaurant parking. This is a matter of hurting businesses in general.
Electronic sign discussion will be on the agenda; many communities are allowing electronic signs; they are the new standard in business. Mr. Swanson would like to gather opinions on the subject and will do some research re: other communities. Chairman Fullmer would like specific information – like time frame re: changing the sign on an hourly basis. Mr. Peck stated that the City would like to extend benefits to the business community and relax restrictions on electronic signs used for informational purposes – nothing flashing or garish, which is too disturbing. Mr. Peck stated that ESDA personnel may be used on weekends to monitor and review signs and issue complaints re: violations of the sign Ordinance. He suggested that Board members ride throughout the City and report on the signs, pro and con. The intent is not to hinder businesses wishing to use electronic signs.
Mr. Swanson stated that the resident on the corner lot at 5401 – 7th Ave. seeks to build a three-season sunroom, 298 s.f. which will protrude into the front yard setback; he is seeking a variance for that purpose.
Discussion returned to restaurants that do not have adequate parking. Mayor Conrad commented that businesses will not survive if the city does not assist in providing for adequate parking; some properties may need to be sacrificed to benefit certain businesses. Many years ago the City allowed building the apartments on 6th Avenue; that land should have been left open for parking. Some areas up and down LaGrange Road require definite additional parking; the City will support that effort; some residential areas must be sacrificed for parking; tough decisions must be made in the future. Suggestion made to build community lots for everyone’s use. The other alternative is to share parking with two compatible businesses as in the past between Aldi’s and Harry’s.
Suggestions made regarding various lots in the City; he asked members to ride around the City with these ideas in mind, and also review the electronic signs.
There being no further business to discuss, Mr. Lube moved to adjourn the meeting
Seconded by Mr. Jasinski and carried by unanimous voice vote.
Chairman Fullmer declared the meeting adjourned at 8:40 p.m.
RICHARD FULLMER, JR., CHAIRMAN