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, SEPTEMBER 6, 2005

Chairman Fullmer called the meeting to order at 7:30 p.m. Secretary Moss called the Roll in Mr. Lube’s absence. The following members were present:

PRESENT: Chairman Richard Fullmer, Jr., Secretary Daniel Moss, Mr. Edward Ziemba, Mr. Frank Thullen,Mr. Steven Jasinski, Ms. Cynthia Schulz, Ms. Tina Grotzke, Mr. Richard Toth,

ABSENT: Mr. Robert Lube

ALSO PRESENT: Mayor LeGant, CDD Muenzer, Attorney Robert Peck, Ald. Robert Pondelicek

APPROVAL OF MINUTES

The first order of business was approval of the minutes of August 2, 2005. Ms. Schulz moved to approve the minutes as presented, seconded by Mr. Toth and carried unanimously.

PUBLIC HEARING

Chairman Fullmer read the Notice of Public Hearing to continue consideration to rezone 6410 Joliet Road from R-1 one-family to O-Limited Office Space, to allow for construction of three office buildings under Section 10, Chapter 10 of the Municipal Code. Applicant is Prairie Bank & Trust, 7661 S. Harlem Ave., Bridgeview, IL 60455. Mr Jasinski moved to Open the Public Hearing on the application of Prairie Bank & Trust, seconded by Ms. Grotzke and carried unanimously- 8/0/1.

Mark Daniel and Joseph Abel were sworn in by Chairman Fullmer. Attorney Peck provided a brief history of the request for rezoning 6410 Joliet Road last year so that the owner could construct three office buildings on the conjoined two lots. The PC/ZBA denied the request, which was upheld by the City Council, resulting in a suit brought against the City by the applicant. After negotiation, an accommodation was reached between the parties, the terms of which are included in the consent decree. To summarize the decree, the City agrees to zone the residential lot for office use and the owner will be allowed to construct three office buildings. However, the lower portion of the building closest to Joliet Road will be reserved for commercial purposes until August 2007. A provision in the agreement allows the owner to request rezoning to entire commercial use or a planned unit development which would accommodate mixed use in the future. The reason for tonight’s hearing is rezoning the site. The PC/ZBA will vote on whether the proposal in the consent decree is reasonable for that location and to accept the consent decree.

Attorney Mark Daniel, Rathje & Woodward, Wheaton, IL on behalf of Prairie Bank & Trust, listed his professional background; he thanked the Mayor and Mark Muenzer for working with them to resolve this matter. The applicant will provide evidence to support approval of the consent decree by City Council. Also present tonight is Joe Abel, an experienced Planning Director who will testify for applicant. The property in question is 6410 W. Joliet Road. The adjoining parcel, 6408 W. Joliet Road was already zoned office. These parcels have 200 feet of frontage and are 450 feet deep, consisting of 2.1 acres. They are seeking office use of the three buildings except for one area described by Mr. Peck for commercial use until August 2007; that will be the first floor of the northernmost building on the property abutting Joliet Road. They do not believe that the Comprehensive Plan of 2004 was properly adopted and have challenged it; accepting the Consent Decree will dismiss that challenge.

Mr. Joseph Abel, Glen Ellyn, IL Planning, Zoning and Economic Development Consultant for 45 years, listed his extensive professional background. He will give his professional opinion as to the highest and best use of the subject property. He applied the LaSalle Bank Factors in determining whether zoning for a particular parcel is appropriate. He stated that R-1 zoning is totally inappropriate for the subject property; there is no other residential area around it. As a planner the surrounding land uses and zoning are taken into consideration. He discussed the site plan from the southwest corner of Stalford and Joliet Road going east. Mr. Abel noted that the majority of structures are all office buildings. The only retail is the Route 66 Motor Car Sales. Additional office buildings are noted throughout the area. The north side of the street has multiple-family, motel, church and commercial only at the intersection of Stalford and Joliet Road. Based on the land use analysis it is quite obvious that the trend in that area is predominantly office.

Mr. Abel noted that the new Comprehensive Plan suggested that the subject property be designated for compatible commercial uses – not retail. The permitted use list in the B-1 district shows numerous non-retail permitted uses, such as beauty shops, currency exchanges, dry cleaning, health clubs, etc. There is no classification in the Comprehensive Plan for office uses. Using this property for office development is completely compatible with the surrounding land uses. Office and/or townhouse developments are transitional and complement the residential area to the south; the depth of the site also lends itself to office use, not commercial. He concluded that the highest and best use of the subject property is to have both lots zoned office. Mr. Abel believes that the compromise reached for a mixed use type of development with retail in front and office in the back is feasible.

Chairman Fullmer asked whether the commercial space would lend itself to a quiet business. Mr. Abel stated that a low impact use is preferable. Chairman Fullmer asked Mr. Abel to estimate the potential sales tax generation for a property of this size that was totally a retail development. Mr. Abel provided an estimate of $6,000/year for the 20,000 square feet.Mr. Muenzer stated that his office recommends approval of the plan.

There was no testimony or other evidence presented; the PC/ZBA had no questions for the petitioner. In summary, Mr. Daniel stated this would be a very difficult parcel to develop for commercial use. They have met the City’s demand with respect to the north office building at significant sacrifice by the owner. The attached Consent Decree signed by both parties will govern this piece of property for years to come. They ask for favorable approval of the Consent Decree. Mr. Toth moved to close the evidentiary portion of the Hearing, seconded by Mr. Jasinski and carried by unanimous Roll Call vote – 8/0/1.

Mr. Peck stated that if the PC/ZBA finds that the facts as recited in the Consent Decree have been proven as true, the recommendation is to accept the Consent Decree as presented. Ms. Grotzke moved to accept the Consent Decree, seconded by Mr. Jasinski and carried by unanimous Roll Call vote – 8/0/1. Chairman Fullmer noted that this matter will come before the City Council at it’s next Regular Meeting on September 14, 2005. The petitioners thanked the Board and left the hearing room.

Chairman Fullmer stated that Item 2, the proposed Landscape Ordinance, will be continued to the November meeting. Mr. Muenzer advised that the parties had an emergency and could not appear tonight.

Chairman Fullmer and Mr. Jasinski are concerned about the Comprehensive Plan not being strict enough. Mr. Muenzer stated that this piece of property was identified — development of a compatible commercial use should be encouraged. Joliet Road is a mixed commercial corridor with a lot of office development on it. Whenever appropriate or possible the City tries to locate sales tax generating businesses on property. The City has previously allowed for Office Zoning on Joliet Road. There are a number of service uses allowed in the B-1 retail zoning code. His recommendation is to review the B-1 zoning code. Chairman Fullmer stated that the current Board should not be bound to 1960s zoning rulings. Mr. Peck stated that one lot was already zoned office and that would have made this case difficult; it is just an unusual case. Mr. Muenzer stated that the Comprehensive Plan should be revisited every 2-3 years, not with respect to residential, but certainly the sub-areas.

ADJOURNMENT

There being no further business to discuss, Mr. Toth moved to adjourn the meeting, seconded by Mr. Ziemba and carried by unanimous voice vote. Chairman Fullmer declared the meeting adjourned at 8:30 p.m.