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 7, 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, Ms. Tina Grotzke, Mr. Richard Toth, Mr. Crecencio Gonzalez IV, Mr. Mark Benson.

ABSENT: Mr. Daniel Moss

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

APPROVAL OF MINUTES

The first order of business was approval of the minutes of the August 3, 2010 meeting. Ms. Grotzke moved to approve the minutes with a spelling change on p. 8, seconded by Mr. Lube 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: 6475 JOLIET ROAD

Chairman Fullmer read the Notice of Public Hearing published on August 19, 2010 in The Doings Newspaper – to consider a special use to operate a contractor’s office at 6475 Joliet Road, Countryside, IL 60525 as follows:

Special Use to the Municipal Code

Consideration of a special use pursuant to Section 10-6C-2 to operate

The Greenside Design Build Business; the proposed space will be utilized as a contractor’s office and storage of building materials and equipment – at the real estate commonly known as 6475 Joliet Road.

Mr. Toth moved to open the Public Hearing in this matter, seconded by Mr. Jasinski and carried by voice vote. The principals, John Fullard, Michael Conley and Richard Barton were sworn in by Chairman Fullmer. Proof of Notice has been received by the Building Department. CDP Mr. Swanson presented the staff report. The current zoning is B-3 service and wholesale with a special use designation. Estimated square footage of the property is 50,160 which equals roughly 1.15 acres. Square footage of the building is 18,564; estimated square footage of the business is 3,800 s.f. Mr. Swanson described the adjoining properties, Hope Lutheran Church on the east, Clocktower Pointe on the West, LaGrange Highlands on the north, and commercial properties across Joliet Road on the south. An aerial view indicates that this one-story building is divided into four units and is primarily designed for office use.

Greenside is a premium custom built home contractor specializing in the design and construction of single-family homes. The business will operate its home office and warehouse in the building, using one employee; major activity will be consultation with potential clients and telephone use. The warehouse will store building materials such as cabinetry, tools and minor construction material, vehicles – an Econoline van. Possible special use conditions include hours of operation, fee in lieu and requirement that all materials and vehicles be stored inside the building at all times.

Mr. Mike Conley, partner of John Fullard, presented the relevant information. He stated that they will meet prospective clients at the building and have a secretary/bookkeeper on the premises from 8-5 Mon-Fri. Equipment stored would include generators, a small bobcat in the winter, plus the van. Each partner has been in the construction business for 15 years; Greenside Partnership has been in business for three years. They had a smaller office in Westmont, without a storage warehouse. Hours of Operation are from 8-5. They will have a window plaque on the door and some signage above. Weekend hours would be spent meeting clients by appointment on Saturdays or Sundays. Mr. Swanson stated that there is a dance studio and another contractor’s office in the building. All materials and equipment would be stored inside the building.

Chairman Fullmer opened the hearing to interested persons. Penny Day lives in LaGrange Highlands immediately across the street from the subject property. She believes this business is not appropriate for the location, which is all residential. This business is next to the church; her grandkids ride their bikes in the church parking lot; she doesn’t believe that all equipment will be stored indoors. She objects to this type of business; she has three pages of other properties for sale or lease in Countryside. The location is not appropriate for this type of business. She received Notice but others who live next door did not receive notice. She wants quiet enjoyment of her property and objects to the location of this business.

Diane Feder, 1341 – 64^th St. stated that she never received notice; she lives directly behind the business. She is concerned that young children and school buses use that street. Will all equipment be stored indoors? There are 8-10 houses on their little street; they do not want to be awakened by noise; the dance studio is a very quiet business.

Bruce Feder, 1341 – 64^th St. objects to the business; he is concerned with the drainage issue. If the area is blacktopped where will the water go; 64^th Street floods all the time; the property is not suitable for this purpose. Deliveries by truck present a problem; if waiting for the business to open the truck is running all night long. He objects to this business. How can residents be assured that everything will be inside?

Mr. Conley stated there will be no outside storage; it is only a showroom; there will be no blacktop area. They are leasing retail space; no fabricating will take place on the premises; it will be used for storage only. Greenside builds 10-15 homes per year, and does some remodeling. Ingress and egress is only through Joliet Road. They may see 2-3 clients daily — perhaps none on some days. Mr. Peck stated that if trucks create a nuisance, residents should call the Countryside Police for relief. Certified mail went out to all residents within 600 feet of the property. The Feders were missed.

A closing statement was made by property owner, Richard Barton. He has owned the property for 25 years with a variety of tenants. The building is immaculately kept with a new parking lot and driveway with landscaping. This is not a major construction company and is a very quiet use of the premises. Other people are storing pallets and other construction material on his parking lot. He is not responsible for that.

Mr. Toth moved to close the evidentiary portion of this hearing, seconded by Mr. Jasinski and carried unanimously – 8/0/1. Mr. Benson moved to approve the special use by Greenside Design Build to operate a construction company with storage on the property commonly known as 6475 Joliet Road subject to the following conditions: 1) no overnight parking of trucks on the property; 2) no outdoor storage; 3) hours of operation are 8 am to 5 pm; 4) vehicles with logos are to be parked indoors, seconded by Mr. Toth and carried by unanimous Roll Call vote – 8/0/1. Chairman Fullmer stated that this recommendation will come before the City Council at its Regular Meeting on 9-22-10.

PUBLIC HEARING RE: 7023 WILLOW SPRINGS ROAD

Chairman Fullmer read the Notice of Public Hearing published on August 19, 2010 in The Doings Newspaper – to consider a special use to operate an excavating office at 7023 Willow Springs Road, Countryside, IL 60525 as follows:

Special use to the Municipal Code

Consideration of a special use pursuant to Section 10-6A-2 to operate the Schwartz Excavating, Inc., office at the real estate commonly known as 7023 Willow Springs Road.

Mr. Toth moved to open the Public Hearing in this matter, seconded by Mr. Lube and carried by unanimous voice vote. CDP Mr. Swanson presented the Staff Report on the above subject property. In 2009 the business/property owners requested a special use to reestablish the apartment above the commercial building and to establish two retail uses on the ground floor along with one office use. The special use is for the Schwartz Excavating office, a non-sales tax generating business to move into the property and use.1, 000 s.f. Currently it is a multi-use building; estimated square footage of the property is 20,000 s.f. Estimated building size is 4,500 s.f. The property is situated along Willow Springs Road adjacent to R-1 properties.

The Schwartz family gutted the former Al’s Hardware building and did a remarkable job. They want three users on the first floor – two retail and one office. In March 2010 the City Code changed to make all non-sales tax generating businesses a special use in the B-1, 2 and 3 zoning districts. A business license application was filed one month ago. Possible special use conditions for approval are fee in lieu for the square footage – 1,000 square feet and possible hours of operation. Mr. Schwartz is not here; hours of operation are 8 am to 5 pm. There will be no equipment or material stored on the property; strictly an office use. They will use 2-3 employees. This concludes the staff presentation. The special use is for the office space in the rear.

Edward Krzeminski stated that he has known the Schwartz family over 25 years and supports their activity in this location; they have done a tremendous job remodeling the building; it is a definite asset to the community. Chairman Fullmer stated he was very impressed with the building. Chairman Fullmer moved to approve the special use to operate an excavating office at 7023 Willow Springs Road, seconded by Mr. Lube and carried by Roll Call vote – 8/0/1. Mr. Swanson will notify the Schwartz family that this recommendation will come before the City Council at its Regular Meeting on 9-22-10.

CONTINUED PUBLIC HEARING RE: TEXT AMENDMENTS TO SEC.10-10-5

Chairman Fullmer read the Notice of Public Hearing for the following text amendments published on July 15, 2010 in The Doings Newspaper – continued from August 3, 2010 PC/ZBA Hearing re: Consideration of text amendments to portions of the City of Countryside, IL Municipal Code (Zoning Ordinance) as follows:

To consider a revision to Section 10-10-5: Schedule of Parking – B retail and service uses requirements to increase the parking requirements for establishments dispensing food or beverages for consumption on the premises.

Mr. Lube moved to open the public hearing in this matter, seconded by Mr. Stoub and carried unanimously. Mr. Swanson was directed to research surrounding communities to determine parking standards for commercial restaurants of all categories. Mr. Swanson provided members with the parking matrix and noted that each municipality used either square footage or seated occupancy for its standard. At present the City of Countryside standard is one parking space per 200 square feet of gross floor area – or five spaces for 1,000 square feet. Across the board the areas compared are Darien, LaGrange, Orland Park, Western Springs, Westmont and Willowbrook. Orland Park is the only municipality that demands a parking space for employees; that is the preferred model – one parking space per three seats plus 1 per employee. After discussion, Board members agreed to the same standard. The rules would apply to new restaurants or modifications of current restaurants. This standard requires employees to park on the lot. Mr. Benson objected to that standard citing the imposition of potential hardship on future restaurants. The standard will apply to the actual seating capacity of an establishment – whether that capacity is reached each day is immaterial. The handicap space standard is one space per 25 cars.

Ed Krzeminski stated that the standard is 6 handicap spaces per 100 cars. He stated that not all employees are present throughout the day; it should be dependent on the shift. One space per employee may hurt the establishment; take that into consideration. Mr. Benson believes amending the parking standard may hurt future business. Others disagreed and stated that the City must establish a plan. Countryside is very lenient compared to other towns. Board members praised Bryan Swanson for the excellent job he did; this is a good first step in the right direction. Mr. Stoub moved to close the evidentiary portion of the hearing, seconded by Mr. Lube and carried unanimously.

Board members agreed to adopt Mr. Swanson’s recommendation re: the Orland Park standard. Mr. Lube moved to revise Section 10-10-5 to increase parking requirements for establishments dispensing food or beverages for consumption on the premises. The new requirement allows for one parking space per three seats plus one parking space per working employee per shift, seconded by Ms. Grotzke and carried by Roll Call vote – 7/1/1. Mr. Benson opposed. This recommendation will come before the City Council at its Regular Meeting on 9-22-10.

PUBLIC HEARING TO CONSIDER A MAP AMENDMENT TO THE ZONING MAP

Chairman Fullmer read the Notice of Public Hearing published on August 19, 2010 in The Doings Newspaper to consider a map amendment to the Zoning Map of the City of Countryside, IL Municipal Code as follows:

Consideration of a zoning overlay of commercial corridors in the City of Countryside to make such business as a special use or prohibit certain businesses in the commercial corridors.

Mr. Jasinski moved to open the public hearing on this matter, seconded by Mr. Stoub and carried unanimously. Mr. Swanson presented the staff report. He stated that the main purpose of a zoning overlay on commercial corridors is to promote and facilitate the implementation of the objectives, policies and strategies of the City of Countryside. A zoning overlay district is a guideline in terms of what should and should not go into that district; it is not a rezoning of property. Four zoning overlay districts were created:

LaGrange Road Corridor Overlay District (LRC) #1 #2 #3

55^th St. Corridor Overlay District (55thSC)

Joliet Road Corridor Overlay District (JRC)

Plainfield Road Corridor Overlay District (PRC)

The property located within each overlay district shall also be subject to the regulations of the underlying zoning district in which it is located – new regulations must follow setbacks and other regulations of that district. There is no minimum or maximum amount of land necessary to constitute each overlay district. In the proposed overlay district, the only land uses allowed shall be the same as allowed in the underlying zoning district. These overlay districts are only a starting point for discussion purposes. Mr. Swanson discussed each of the above overlay districts and emphasized that these boundaries are not definite and may be revised as needed.

Mr. Peck stated that this subject is related to the topic of non-sales tax generating businesses as a special use. There were unintended consequences of the Code change, for example the Schwartz property; a local business renovated the property and was forced to come in for a special use – an unintended consequence. The idea is to rescind that special use ordinance and replace it with this overlay protecting the commercial corridors. A zoning overlay provides additional restrictions or requirements on certain parcels of property. The Comprehensive Plan is a guideline for the future use of the City; the four areas listed above should be protected. This is a good introduction to what the overlay can do for the City. He suggested continuing this hearing to provide an opportunity for board members to do private research, drive around the City and review the overlay areas; future boundaries will be very specific -keeping the Comprehensive Plan in mind. What commercial corridors does the City want to protect? More detailed maps will be provided at next month’s meeting. Current businesses will not be affected – a special use cannot be transferred. Mr. Lube moved to continue this matter to next month, seconded by Mr. Toth and carried unanimously – 8/0/1. Mr. Swanson will call Board members on September 15 for input.

OTHER BUSINESS

Mr. Swanson stated that the Mobil Gas Station on LaGrange Road & 55^th St. will apply for digital signage requiring a special use to retrofit it into their legal non-conforming sign. They have abandoned the car wash aspect.

Tavern on LaGrange will be back next month to review their proposal.

10650 W. 67 St. – NE Corner of 67^th & Stalford Road – 1.2 acre lot – the owner of the property lost an accessory building in the rear of the property to a fire about one month ago. The property owners wish to rebuild that building to house equipment and storage. They have a detached garage and a small shed. They may need two variances; all three items exceed 720 square feet – this is just FYI – if they remove the shed they could eliminate one variance. Bryan will verify the information with an on-site review tomorrow. They will be here next month.

Tom Michalczyk also has a garage and a shed – why was the ordinance changed?

In the past residents could have a shed and a 720 s.f. garage? He understands their plight.

ADJOURNMENT

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

Chairman Fullmer declared the meeting adjourned at 9:08 p.m.

RICHARD FULLMER, JR., CHAIRMAN