City of Countryside Plan Commission/Zoning Board of Appeals met June 5.
Here is the minutes provided by the Board:
Roll Call:
Secretary Gonzalez called the Roll of Members physically present as follows:
Present: Chairman Richard Fullmer, Jr., Secretary Crecencio Gonzalez IV, Michael Anderson, Marco Gutierrez, Shauna Urlacher, Ronald Ward, Steve Kehr, Robert Schwarz
Absent: Tina Grotzke
Also Present: City Attorney Peck, Planning Manager Trent
Approval Of Meeting Minutes:
The minutes of the Regular Meeting of May 1, 2018 were previously distributed to the Board Members. Chairman Fullmer asked if there were any corrections to be made to said minutes. There being no corrections or additions, motion made to approve the minutes of the Regular Meeting of May 1, 2018.
A motion was made by Mr. Gonzalez, seconded by Mr. Gutierrez that this matter be Approved as presented. The motion carried by the following vote:
Aye: 8 Fullmer, Anderson, Gutierrez, Gonzalez, Urlacher, Ward, Kehr, Schwarz
Nay: 0
Absent: 1
Chairman’s Comments:
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 addressing the Board is located at the podium. This hearing is being recorded. Please silence all cell phones and pagers.
Action Items:
Continued - Case # 20828-SU-V: Consideration of Special Uses and Variances.
a. To consider granting a Special Use to permit a drive-through in the B-1 Zoning District;
b. To consider granting a Special use to permit outdoor seating in the B-1 Zoning District.
c. To consider granting Variances for the placement of the outdoor seating area, the reduction of front yard setback, the reduction of required stacking spaces for drive- in establishments, and the waiver of the installation of required sidewalks at the subject property, 10050 W. 55th Street.
Mr. Gutierrez moved to open the Public Hearing in the matter, seconded by Mr. Gonzalez and carried by unanimous voice vote. The Applicant, Monica Zablocka, Attorney and Chester Chlebek, Architect, were sworn in by Chairman Fullmer.
Planning Manager Mr. Trent presented the Staff Report. This matter is a continuation of a matter that began on April 3, 2018 seeking a rezoning from R-1 to B-1; that zoning change request came before the City Council at its Regular Meeting on April 25, 2018 and was approved. In May, the Applicant requested variances to address the site deficiencies. Revised plans have been submitted and staff has provided comments for your review.
The two Special Uses are to permit a drive-through facility and to permit an outdoor eating area on the premises at 10050 W. 55th St. The Variances requested seek to allow the proposed patio on the side yard, as opposed to the rear yard; a variance to reduce the required front yard setback of 25’ to 18.6’; a variance to reduce the number of stacking spaces from 10 to 6 vehicles; and a variance to waive the installation of a 5’ concrete sidewalk along Madison Avenue.
The proposed outdoor seating area is approximately 20’ x 20’ – a 400 sf. concrete patio with a wood pergola partially enclosing the space. Some sort of protective element – bollards or other protection should be proposed to enclose the seating area. The drive-through window does not meet the City’s stacking requirements, however, that is not the main business; its use is secondary to the sit-down dining area. There are approximately 25 parking spaces and 2 ADA stalls to cover the occupancy of 50 persons, plus the outdoor seating area – unknown number of tables at this time. Parking requirements are five (5) spaces per 1,000 sf; the building is approximately 2,700 sf. requiring a minimum of fifteen (15) spaces. Four (4) permanent employees are anticipated. The proposed outdoor patio will eliminate two (2) parking spaces on the east side. Landscaping is proposed in and around the patio. A final landscape plan must be submitted and approved. If there is support for an outdoor patio, the front yard setback variance is needed. The proposed restaurant is primarily a sit-down restaurant with the drive-through as a secondary use to serve customers who have phoned ahead to pick up their food order. With commercial properties sidewalks are a requirement; the applicant requests a waiver from that requirement citing its impact to the character of the neighborhood.
IDOT is planning improvements along 55th Street -- an IDOT Roadway; they propose a right-hand taper onto LaGrange Road as well as a left-hand turn which will be a raised median leading to LaGrange Road. Revised plans have been properly drawn to scale. The main point of access is on the west side of the site, with an “enter only” sign; there should be an “exit only” sign into the alley. Directional signs should continue with the new owner. The building will consist of a Dryvit material, natural color, tan/beige natural stone on the north elevation; additional photographs of the interior and exterior of the building are shown. The trash enclosure appears to be in compliance with Code requirements – the enclosure should be 6’ tall rather than 7’ tall as indicated. There is a free- standing pylon sign; staff recommends the removal of that sign and the installation of a monument sign in a suitable location – with final review by the City engineer.
Mr. Fitzgerald has reviewed the project and provided his comments per Attachment C as attached. Staff recommends that the existing parking lot be resealed and restriped. The Fire Department requires that the fire alarm and sprinkler systems be operational upon reuse of the property. The existing light poles will remain but new fixtures will be installed. A new photometric plan should be submitted adhering to the City’s new lighting ordinance. Finally, there is no perimeter landscaping proposed along Madison and 55th Street. There are four (4) parking islands – staff recommends a larger island (in the southeast corner of the property) that would potentially eliminate one (1) parking space. Photos of exterior and interior renovations were shown. Staff recommends approval of granting the Special Uses and Variances as proposed with the above conditions.
Chairman Fullmer believes that a parking stall is more valuable than expanding the trash enclosure. Mr. Gutierrez prefers adding two trees along 55th St. especially near the outdoor dining area for additional screening, shading and making the area more attractive. Chairman Fullmer asked when the IDOT construction will begin – Mr. Trent stated possibly within the next two years. Mr. Fullmer believes that any exterior addition of signage, lighting or trees must be per Code and should be postponed until after the IDOT plans for 55th Street are definite.
Mr. Anderson noted that the only access into the site is traveling east on 55th Street due to the raised median on 55th Street. The drive aisles on the site are one directional, but they are wide enough to allow for two-way traffic; the alley allows for two-way access. The owner will continue use of the directional sign to indicate “exit only” at the alley.
The Applicant, Monica Zablocka, had nothing more to add; she is happy to answer questions. Chairman Fullmer asked about the hours of operation. Mr. Salhani stated they will be open at 7 a.m. to serve breakfast, lunch and dinner – probably closing at 10 pm. Mr. Salhani stated there will be no liquor served inside or outside since it is a family-oriented establishment. Mr. Salhani discussed the cuisine to be served – breakfast consists of eggs, Mediterranean omelets, and unique pizza breakfast – fresh dough, cheeses, and vegetables (Lebanese cuisine) – very healthy food with very little meat. Lunch will consist of shish-kebab, chicken uniquely prepared from baked to fried, marinated for 24 hours prior to cooking; also salads and gelato for dessert.
Chairman Fullmer asked about bollards for the exterior patio. City Engineer Fitzgerald mentioned bollards with lighting. Mr. Salhani stated there will be plenty of landscaping surrounding the area so it will be protected. Mr. Gutierrez would like to see lighting along the alley as well; also a tree in that area would serve the same purpose regarding protection from cars on 55th Street. Mr. Schwarz asked about the distance from 55th Street to the edge of the concrete patio – 18.6’ total to the property line. The additional distance to 55th Street is 20’. Mr. Salhani pointed out that the elevation of the site is actually higher than 55th Street. Mr. Gutierrez believes that two (2) trees would act as barriers to 55th Street traffic; also adding bollards and lighting along the alleyway is essential. Mr. Gonzalez asked about snow removal plans. Mr. Salhani stated that a professional company will deal with snow removal and salting after 2” have fallen; the City is responsible for keeping the alley clear. Ms. Urlacher asked if the drive-thru had too many vehicles blocking the entrance – how will that be handled? Mr. Salhani stated they do not expect huge amounts of activity; they estimate 10-15 pick-ups per day. The food will be ready when the customer arrives at the window. Prep time for sandwiches is probably one minute; the pick-up window will have a limited menu sign – 3-4 options only. Mr. Salhani stated that there will be a team standing by just to pass the food in a timely manner.
Chairman Fullmer opened the questions to Interested Parties. Ms. Theresa Zagorski, 5523 Madison, asked whether there will be a sidewalk on Madison. Mr. Trent replied that the applicant has asked for a waiver at this time; since there are no adjoining sidewalks, the intent is to not install a sidewalk at this time. Ms. Dana Steben, 1015 N. Lombard Road, Lombard, Enterprise Rent-A-Car stated there is a lot of two-way traffic in the alley currently; she suggested a Stop Sign at the end of the drive-through to deter customers from pulling right out of the drive-through quickly. Will the patio be fenced in – especially if children are present? Mr. Trent stated that proper marking or directional striping of the area is needed with a stop sign at the alley exit.
Mr. Salhani thanked the Board for their time; they are excited to proceed quickly. There were no other questions for the petitioner. City Attorney Peck stated that Petitioner’s Exhibit A will be entered into evidence – the Site Plan prepared by Chlebek Architects, Ltd., dated May 7, 2018. Mr. Gonzalez moved to close the Evidentiary Portion of the Public Hearing, seconded by Mr. Gutierrez and carried by unanimous voice vote.
Chairman Fullmer suggested two separate motions – one for the two Special Uses and one for the Variances. Attorney Peck stated that this motion is to recommend approval of two Special Uses – to permit a drive-through and to permit an outdoor seating area on the property commonly known as 10050 W. 55th Street, subject to the following conditions: that these special uses run with the owner and not with the land, and that all construction be in substantial compliance with Petitioner’s Exhibit A – the Site Plan entered into evidence.
A motion was made by Mr. Gutierrez, seconded by Mr. Schwarz that this matter be Approved as presented. The motion carried by the following vote:
Aye: 8 Fullmer, Anderson, Gutierrez, Gonzalez, Urlacher, Ward, Kehr, Schwarz
Nay: 0
Absent: 1
Mr. Peck stated that the Variances would 1) permit an obstruction (patio) in the side yard instead of the rear yard; 2) A variance to reduce the front yard setback from 25’ to 18.6’; 3) a variance to reduce the number of stacking spaces from 10 to 6 vehicles; and 4) a variance to waive the requirement for a 5’ concrete sidewalk along Madison Avenue, on the property commonly known as 10050 W. 55th Street, subject to the following conditions: 1) that all construction be in substantial conformity with Petitioner’s Exhibit A, which is the Site Plan; 2) that additional trees and bollards be installed to protect the patio area, as approved by the Building Department; 3) that marking and striping of the parking lot be completed and a stop sign be installed in the alleyway; and 4) the existing freestanding sign shall be removed and a new monument sign installed. The applicant should submit a revised Photometric Plan, Light fixture details and Landscaping Plan to be approved by the Building Department.
A motion was made by Mr. Schwarz, seconded by Mr. Ward that this matter be Approved as presented. The motion carried by the following vote:
Aye: 8 Fullmer, Anderson, Gutierrez, Gonzalez, Urlacher, Ward, Kehr, Schwarz
Nay: 0
Absent: 1
Chairman Fullmer stated that this recommendation will come before the City Council at the Regular City Council Meeting on June 27, 2018. Mr. Trent encouraged the Applicant to submit the final plans prior to the City Council Meeting of June 27.
Other Business:
1. Discussion – Consideration of a Text Amendment
a. To consider making outdoor patios a Special Use for those privately-owned outdoor locations adjacent to a premises holding a liquor license or a restaurant license.
Mr. Trent stated that concerns were voiced regarding outdoor patios – one in particular – that do serve alcohol and is adjacent to a residential neighborhood. The Infrastructure Committee discussed this concern with the idea of limiting or modifying hours of operation to create less of an impact on the surrounding neighbors. They recommended this matter to the PC/ZBA as a potential zoning issue to discuss and consider making an amendment to the ordinance, especially for those establishments that provide music, serve liquor and are adjacent to residential properties. This has been a recurring issue for many years particularly during the warmer months.
Chairman Fullmer noted that whatever language is proposed will apply to all other outdoor dining establishments in the City. There is nothing on the books now. Mr. Trent stated that the City requires a Special Use for outdoor patios. It was noted that 10 pm was proposed for week nights and 11 pm for weekends regarding loud music. Attorney Peck stated that it might be best to make it a Special Use because the Board can review the totality of circumstances and decide whether the establishment is too close to a school or residence, etc. It provides more control. At present, it is a Special Use but it should have added safeguards to make sure compliance is across the board. Chairman Fullmer stated that currently Sports Bars have outdoor patios – will this pertain to them as well? Attorney Peck stated the Board can set hours of operation for outdoor patios and prohibit the sale of alcohol past certain set hours, 10 pm on weeknights and 11 pm on weekends – the Board has great latitude with a Special Use.
Chairman Fullmer wonders about the retroactive application of City rules on long-standing businesses. Attorney Peck stated that is the reason for Public Hearings; these businesses have enjoyed this privilege for many years and have ignored the noise level complaints. Discussion ensued regarding various establishments in the City. Mr. Gonzalez noted that the Noise Ordinance should apply when it becomes a nuisance and impacts the quality of life. We need a definition of noise level -- what level constitutes a nuisance? The Police approach the businesses and tell them to curtail the noise or write a citation – is it being enforced? The business owner has the responsibility for unruly customers; he or she must “ride herd” on the situation.
Attorney Peck suggested that a Notice for Public Hearing be posted regarding Outdoor Patios wherein time limits and noise restrictions are discussed. Residents have the right to appear and request a variance. The Police Department does have monitoring equipment to take noise readings. Mr. Gutierrez stated that factors other than noise come into play. Attorney Peck suggested putting this matter on the agenda for next month’s meeting and he and Mr. Trent will come up with specific language to consider.
Public Comment – None
Chairman Fullmer reminded members that due to the July 4th Holiday, next month’s meeting will be held on Tuesday, July 10th, not July 3rd.
Other Business:
Mr. Trent stated that the deadline for next month’s agenda is next Monday; he is aware of one possibility for a business to reuse the vacant property on Joliet Road – the former Ettleson Hyundai parcel. Mr. Trent agreed that he and Mr. Peck will put a document together for the Board to consider for next month.
One other matter is TCF Bank – they have resurfaced and would like to put in a drive-up ATM at the Jewel Parking Lot – this is a repeat of two years ago which they have let lapse. The Special Use has expired and they must now resubmit the necessary paperwork to file a request again.
Adjournment:
A motion was made by Mr. Gonzalez, seconded by Mr. Gutierrez that this meeting be Adjourned. The motion carried by the following vote:
Aye: 8 Fullmer, Anderson, Gutierrez, Gonzalez, Urlacher, Ward, Kehr, Schwarz
Nay: 0
Absent: 1
Chairman Fullmer declared the meeting adjourned at 8:35 p.m.
https://www.countryside-il.org/agendas-minutes/june-5-2018/
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