City of Countryside Plan Commission/Zoning Board Appeals met Oct. 2.
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, Tina Grotzke, Marco Gutierrez, Shauna Urlacher, Ronald Ward, Steve Kehr, Robert Schwarz
Also Present: Attorney Peck, Planning Manager Richard Trent, Alderman Jasinski
APPROVAL OF MEETING MINUTES
The minutes of the Regular Meeting of September 4, 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 September 4, 2018.
A motion was made by Ms. Grotzke, seconded by Mr. Gonzalez that this matter be APPROVED as presented. The motion carried by the following vote:
Aye: 9 Fullmer, Anderson, Gutierrez, Grotzke, Gonzalez, Urlacher, Ward, Kehr, Schwarz
Nay: 0
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
1. Case #21323-SU: Consideration of a Special Use
a. To consider granting a Special Use to permit the installation of additional antennas on the roof of a building (Holiday Inn) in the B-2 Zoning District at the subject property, 6201 Joliet Road (Amendment to Ordinance #16-10-O).
Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Gonzalez and carried by unanimous voice vote. Mr. Michael Bieniek, representing T-Mobile, was sworn in by Chairman Fullmer. He is with LCC Telecom Services, 10700 W. Higgins Road, Suite 240, Rosemont, IL. The Building Department has received the required Proof of Notice. PM Richard Trent provided the Staff Report.
Mr. Trent stated that in 2016 T-Mobile made the initial request for rooftop antennas at 6201 Joliet Road (formerly William Tell Hotel). The current Special Use is to place additional antennas on top of the building in the B-2 District; aerial photos of the building were shown. The penthouse portion is the raised area on the roof. There are six (6) existing antennas in three different locations on the roof at present. The intent is to remove those antennas and replace them with eight (8) new antennas. Photos of the locations and the current configuration of the antennas were shown. The intent is to add a third antenna on the penthouse. In 2016, those antennas received a variance because they were greater than seven (7) feet above the roofline. The applicant has submitted a Variance request which will be addressed at the November PC/ZBA hearing. So presently, there are six (6) existing antennas that received a special use and variance at that time; the applicant will present a request for one more antenna on the penthouse at the next meeting; in total there will be nine (9) new antennas in three locations.
Mr. Gutierrez asked what is the purpose of the antennas? Mr. Bieniek stated that the purpose is to enhance the performance of T-Mobile’s services by addressing drop calls and emergency service calls. Technology is constantly involving; new antennas are brought in to replace older ones; adding additional antennas helps to increase volume. The original antennas were installed in August of 2016; the additional antennas help increase capacity on the site. There is no “time frame” for system life. Upgrades are being made constantly whether customers realize it or not. The addition of smart phone technology has expanded coverage and added equipment is needed for improved service – to boost capacity. Mr. Gonzalez asked whether the antennas must be placed a certain distance apart. There must be a separation between antennas because they are tilted in different directions depending on the need for additional coverage. The new antennas will be placed in between the existing antennas, and blend nicely. The T-Mobile antennas are on a sled mount; the new antennas will be in the middle of that. Other antennas on the building do not belong to T-Mobile. Mr. Bieniek stated that the network is setup on a grid system; in 2016 there was a lack of coverage and T-Mobile needed this site to fill a coverage gap. The current addition is for capacity upgrade, not a coverage issue.
Mr. Trent stated that the structural integrity of the building is adequate to withstand the additional equipment (a structural analysis has been submitted). Mr. Bieniek noted that the whip antenna on the penthouse does not belong to T-Mobile. Question regarding the weight of the antennas – determined to be approximately 90 pounds each. The antennas are all similar in size and shape, approximately one foot higher. Structural analysis of the building factors in the ice and wind load equations have been addressed. The project description describes miscellaneous equipment to be added; but visually all that will be visible are the three (3) additional antennas.
Comments from Interested Parties – Kenneth Novak, 103 West Constance , asked what is the effect on TV reception – Mr. Bieniek stated that the FCC specifies exact broadcasting frequencies, so there should be absolutely no TV interference whatsoever.
There was no Closing Statement; there were no further questions from Board Members. Attorney Peck stated that the Site Plan prepared by W-T Communication Design Group, LLC, with the last revision made on 8-21-18, is entered into the record as Petitioner’s Exhibit A. Mr. Gonzalez moved to Close the Evidentiary Portion of the hearing, seconded by Mr. Gutierrez and carried by unanimous voice vote.
Mr. Ward moved to approve increasing the antenna count from six (6) to eight (8) on the roof of the Holiday Inn, seconded by Mr. Gonzalez and carried by unanimous Roll Call vote. Attorney Peck stated that this is a recommendation to grant a Special Use for the installation of two (2) additional antennas on the property commonly known as 6201 Joliet Road, all in substantial compliance with Petitioner’s Exhibit A, subject to the following conditions: 1) all antennas and equipment on the rooftop will be painted to match the walls of the building; 2) any additional antennas proposed in the future would require an amendment to the Special Use; 3) all antennas and equipment would have to be removed if no longer in use; 4) all construction and operation permitted by such special use variation shall be subject to all applicable City Codes; and 5) that said use be established within one (1) year from the effective date of any ordinance granting the same. City Engineer Fitzgerald will review and approve all installation.
A motion was made by Mr. Ward, seconded by Mr. Gonzalez that this matter be APPROVED as presented. The motion carried by the following vote:
Aye: 9 Fullmer, Anderson, Gutierrez, Grotzke, Gonzalez, Urlacher, Ward, Kehr, Schwarz
Nay: 0
Chairman Fullmer stated that this recommendation will come before the City Council at its Regular Meeting on October 24, 2018, at 7:30 p.m.
2. Case #21325-SU-V: Consideration of a Special Use and Variance
a. To consider granting a Special Use to permit an automobile retail sales dealership in the B-3 Zoning District; and
b. To consider a Variance allow a used automobile retail sales dealership at the subject property, 6201 Joliet Road.
Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Gutierrez and carried by unanimous voice vote. The Applicant’s witnesses were sworn in en masse by Chairman Fullmer – William Graft, William Braithwaite, John Guill, Michael Shamsie and Andrew Schutte. The Building Department has received the required Proof of Notice. The Staff Report was given by PM Trent.
Planning Manager, Mr. Trent, stated that a Special Use is requested to operate an automobile retail sales dealership at the property commonly known as 6420 Joliet Road; the Variance requested is to allow a used automobile retail sales dealership within the B-3 Zoning District. An aerial view of the property was shown; the property has been used as a dealership location for the past 15 years – including Graft Acura, Advantage Chevrolet, Ettleson Hyundai and a sales parts shop. The facility is located on the south side of Joliet Road, approximately three (3) acres in size, surrounded by commercial property on three sides with a residential subdivision on the south. The survey includes two lots; the existing building is in excess of 18,000 sf. on a parcel that is 318 feet wide with residential to the rear of the property. There are over 204 parking spaces, well in excess of the City’s parking guidelines. The property owner, George Keporos, would like to bring in a new tenant, Hertz Corporation. Hertz car sales has four (4) locations in Illinois – Chicago, Des Plaines, Crystal Lake and Schaumburg. Signage to the site will be in the form of wall signs and either a monument sign, similar to the former Ettleson sign, or a freestanding sign. They are requesting a 40 x 40- square foot wall sign, plus a 20 x 30 square foot wall sign – the City ordinance is based upon the linear footage of the building face it would be affixed to – approximately 185 feet times two (or 370 square feet) -- on the east elevation. The applicant is aware that what they are proposing in wall signs exceeds the City ordinance and would require a variance.
The four locations have done very well in their respective communities. The anticipation is that in the City of Countryside Hertz car sales would generate close to $20M per year, which equates to $200K in sales tax for the City. Hertz is in the process of rebranding – they have just celebrated their 100TH ANNIVERSARY in business. They tend to be located in older buildings that were previously used for car dealerships. Photos of the various locations were shown and their attributes discussed. They also have a facility in the St. Louis area. With regard to the subject property, the owner has completed significant renovations to the site in anticipation of the next tenant, including interior renovation, electrical, plumbing, seal coating and striping of the entire parking lot, a new 8’ fence installed around the perimeter of the property and new LED lighting that is in compliance with the City Code – all in anticipation of a new tenant. Staff had provided comments; it is up to the PC/ZBA discretion as to whether these slightly used or like-new vehicles are in keeping with the image the City wishes to project moving forward. Cars are constantly rotated and do not remain on the lot in excess of 60-90 days. Staff has made suggestions regarding potential landscaping, including parkway trees.
Attorney William Graft thanked Board members for their time and patience; he thanked Mr. Trent for his invaluable assistance. This is a new and exciting prospect for the City of Countryside; Hertz has listened to the City and crafted a petition that only fits this user and protects the City from setting a precedent. Mr. Graft is here with Bill Braithwaite, who both have had many conversations with Attorney Peck. They represent George Keporos, owner, who is sole beneficiary of this land trust, which was established on July 13, 1993 and exists to date. Mr. Keporos is unable to attend tonight’s meeting and sends his apologizes. The original tenant was an Acura Dealer; the site is zoned B-3 and has a special use permit currently in place for car sales.
The City has focused attention to new car sales on LaGrange Road; in that spirit Ettleson Hyundai purchased the old motel property and has built a new car dealership on LaGrange Road. Both of our brokers knew of the City’s acceptance of new cars only and found the one user who they hope will fill that bill. The Staff did a comprehensive review and assisted in crafting a petition that is only applicable to this particular corporation. Mr. Graft described the City ordinance allowing “used” cars to be sold only in conjunction with new car sales. Used car lots generally contain unsightly vehicles that need repair and body work; they may come from the auction and be anywhere from 3 to 20 years of age. The ordinance does not provide for “like new” cars by a national company doing business in 30 states; the application applies to only one tenant who fits that bill. Mr. Keporos entered into a lease with Hertz, subject to City approval, and agreed to substantially upgrade the property. He brought in new asphalt, spent over $407K in improvements on new LED lighting, new fencing, ADA compliant bathrooms and facilities and extensive renovations to the sales area within the building.
Hertz Corporation wishes to engage in the sale of cars which they own, that have been used in the rental and leasing business. These cars are called “like new” and our experts will prove this point tonight. Almost every brand of car is available except for Honda/Acuras, which do not sell to fleets. All cars are recent model years, have low mileage, and are perfectly maintained. Hertz has a very good reputation; it is all one entity celebrating its 100th Birthday on October 4, 2018. If the City grants this ordinance that is so narrowly crafted, it will not allow for “Bill’s Used Cars.” This store will bring people to Countryside to buy a car; if they don’t get one at Hertz, they are a few short blocks away from new car dealers. Hertz believes their customers will visit other existing dealers and increase their sales. The subject site will be vacant by month-end, but the City can retain car sales here with the narrow ordinance customized to only fit Hertz.
Atty. Graft introduced Andrew Schutte, General Manager of Hertz Sales, Midwest Region, 1540 Parkview Avenue, Hamilton, Ohio. He is in charge of the Central Region, from Minnesota to Louisville. He has been a manager in the automotive business for several years. Hertz has four (4) locations in the Chicagoland area. He described the renovations and upgrades done in these locations. There are currently 82 Hertz Car Sales stores nationwide and over 3,000 rental stores. Hertz Corporation is not a conventional car sales operation; they do things in a particular way. They have been in the car rental business for 100 years with great success.
Hertz has thousands of rental cars in the Chicago area but they are careful re: what is taken from the “Pull List” and moved to retail sales. First cars undergo a thorough reconditioning process and must pass inspection or they do not become retail sale cars. Cars are either sold dealer direct in 60-75 days, go to auction, or back to rental. There is no “distressed merchandise” on the lot; they are a seller to the auction, not a buyer; their business is to rent cars and to remarket the best ones to retail sales customers. All cars are subject to software maintenance which gets triggered based on mileage; the software will not allow the rental of a car if it needs maintenance. All retail cars come with a 12-month, 12,000-mile warranty, including Hertz Curbside Assistance included free of charge. Besides the Hertz warranty, the car manufacturer warranty remains in effect – in cars like Kia or Hyundai, the 100K 10- year warranty is converted to 5-year, 50K miles; other makes and models have 3-year 36K comprehensive coverage; all information is disclosed to buyers.
Most cars slated for retail sale are never more than two years old. All sales are direct from Hertz to the buyer; high mileage cars are accepted as trade-ins and go directly to the auction. All stores are subject to uniform motor vehicle laws prevailing in all 50 states. There is no servicing of cars done at any locations. Sale cars are subject to a 72-point inspection done locally; Hertz creates a local partnership with a franchise service shop such as Jiffy Lube or Pep Boys who can handle up to 250 cars per month. A new car dealership could also be a partner. If an additional service warranty is desired, they can purchase GM coverage which is nationwide. The sale is based on price to market across the board – no haggling. The average price in Countryside for a small compact would be $10K; for sedans $13.5K; for Jaguars or Land Rovers up to $29K. They expect to sell at least 150-185 cars per month at the subject location. If they have a 50-60% turn rate, which is average, they expect 175 cars sold at $13.5K, projecting almost $3 million in sales which would amount to $100K more in sales tax revenue for the City. Six (6) out of ten (10) customers who enter the store purchase a car, the other four (4) shop elsewhere; they usually buy a car within 3-4 days. Hertz Corporation does not use loud speakers in any of their locations. Hours of Operation are from 10 am to 8 pm, Mon.-Fri. and 9 am to 7pm on Sat. Hertz only advertises on the Internet; they draw customers from 150 miles away; they are a people-oriented company; they are not a car dealership. This is a great site for Hertz.
Michael Shamsie, 1805 Mill Street, Naperville, IL, P.E. and land planner is licensed in twenty states. He created the site plan and survey for this site; he has also reviewed other dealerships in this area. This site has exceptional visibility; the internal and external improvements made, new fencing, new LED lights, etc., further enhance the property. There is minimal low-rise landscaping presently on site. Mr. Shamsie is familiar with Countryside’s Ordinance allowing for used car sales only in conjunction with new car sales. He provided a detailed definition of the zoning variances applicable to this site. These would be almost new vehicles that would enhance the current property value and would be a benefit to adjoining properties. Restrictions limiting the use of the property are detrimental to new car dealerships due to more stringent requirements, including upgrades and specific standards dictated by manufacturers. Hertz Corporation is not seeking any sales tax sharing incentive for this property. Creating a car sales dealership would increase the value of the current property and would continue generating property tax. Customers who do not purchase a vehicle at Hertz will most likely visit and/or purchase a vehicle at other car dealerships in the immediate area. The variance requested is reasonable and will contribute to car sales at this location as it has been done in the past.
Mr. Gutierrez stated that “slightly used” cars are not two-year old cars that have been rented constantly – with no control over the driver – that is not the definition of “slightly used”. Mr. Schutte stated that the use is monitored by mileage and by trip – renting in one city versus driving across country. For that reason, different “triggers” determine the maintenance schedule. There is no servicing done at the location – all work is completed before the vehicle arrives.
Chairman Fullmer asked about the average mileage for car sales – Mr. Schutte stated from 8,000 to 30,000 – there is no “sweet spot” – just the market. At 20,000 miles the car goes to retail. All Hertz vehicles are listed on line; integration is currently taking place and all websites are being merged into one. A buyer can search by make or model across the country, or supply a ZIP Code for a specific geographic area. Regions are currently integrated; nationwide integration will happen soon. All reconditioning of autos takes place nearby – whatever makes sense for each store.
Ms. Grotzke asked if the car history is provided to the customer purchasing the car. Mr. Schutte stated that all maintenance records are held in the software; they do not have a folder with oil change dates that travels in the car. But upon request, that information would be provided. All cars going to retail sales are rigorously inspected. Ms. Grotzke is concerned with flood damaged vehicles; is the buyer aware of the car’s origins. Hertz is aware of natural disasters and sends their fleet of cars out except for those needed; they are good at logistics. They have other exit strategies for those types of cars. Flood- damaged cars or hail-damaged cars never make it to retail sales; Hertz never crosses that threshold.
Chairman Fullmer stated that he has been both a long-time resident and a City Official for many years. He praised the foresight of the original “City Fathers” in designating ordinances aimed at preserving the City’s image by creating only new car dealerships that could sell used cars in conjunction; that’s how this City was developed. All board members enjoy the benefits of that foresight. There is a huge difference between a new vehicle from a new car dealership – everything about it – compared to a used car. Hertz cars may have from 8,000 to 30,000 miles – is that considered slightly used, or almost new? There was a new car dealership at the subject property before and there will be a new car dealership at that site again; it’s just a question of finding the right one. It’s not a good idea for this Board or the City Council to entertain used car dealerships in the City of Countryside. Just look at LaGrange Road with all the new car dealerships; the City is not in a position to change this approach. It has worked well for the past 50 years. There is no such thing as “almost new.” A used car is a used car – there is a true difference. The City has come a long way from when LaGrange Road was empty to what is there now. All those dealerships have invested money to rebuild themselves; it’s true that car dealerships come and go; it’s a matter of time and patience. Although the ordinance is written specific to Hertz, what if Avis or Enterprise Rent-A-Car want the same. Countryside has the ability to draw new car dealerships here and retain them; the City should not change its course. The sales tax figures discussed are enticing – but the City can wait for a new car dealership to occupy that property.
Atty. William Braithwaite stated that one of the issues usually raised is “setting a precedent” – a phrase that has not been used tonight. He suggests if the City allows Hertz Corporation to come in under the definitions described, there is no precedent being set – unless another “national” company seeks to come in. This gives the owner of the property an opportunity to continue using it in the manner which it has been used, with a tremendous amount of money coming to the City and no precedent set. This ordinance is strictly limited to the unique circumstances of this national car rental company. Chairman Fullmer stated whether it is Hertz Corporation cars or Bill’s Cars – it’s still selling used cars. The City has a long history of new car dealerships and it should be kept that way – there is a major difference.
Comments from Interested Parties -- Carmen Scarpace, Westfield Ford, is a competitor who has been in business for 33 years as a new car franchise, along with many other new car franchises. Prior to Ettleson Hyundai, the subject property was a used car lot; it began as an antique car lot, but could not be sustained as such, so they went into the used car business -- $35K and higher. Within weeks, they were selling $10-12,000 cars on the front line. Their partner was Willowbrook Ford, our competitor. A new car is a new car – there is no “like new.” In the State of Illinois, the consumer must be advised that it was a previous rental car – a used vehicle. Almost every lot has been approached for a used car lot and has been told “NO” by the City – even used trucks – no used cars are allowed. A used car is a used car – unincorporated Cook County has a nice building, turned into a used car lot. On the Hertz website, most of the cars listed have 46,000 miles even 80,000 miles – those are used cars. The price range is from $9 to $20K – some a little more. Customers coming in from Indiana would buy a used car and leave; they do not stay around for service or spend money in Countryside. All dealers in town have spent millions of dollars building facilities to make the City more attractive and they continue being involved in community affairs. Hertz is a great company but they have no skin in the game, besides inventory. There is no training for technicians, no training for staff, no overhead except their lease, no franchise purchase – all dealers in town have complied with City ordinances. From the past history shown, no matter the good intentions professed, it will end up being a used car lot.
Jay Weinberger has been in the business for 38 years. His father began Continental Motors 50 years ago. They came before the Board ten years ago when they lost their Chrysler facility; they wanted to stay in business as a used car operation, and the City refused. They were another victim of the Ordinance, but, in rebuttal - does it mean more taxes? Taxes would be split up – there would be some used car business lost to this used car operation. As a result, it is not all plus business coming into Countryside. The main concern is the fact that the ordinance would have to be so restrictive to include this major brand, Hertz – would these other firms come in – they are the competition. There is plenty of competition in the area, both new and used cars; approval of this request would further split the pie for everyone.
Sonya Spaulding, 6606 Sunset Avenue, is a new resident and this is her first appearance at a Hearing. She lives in the subdivision that Mr. Trent described. One of the reasons she moved to Countryside was for the values expressed by Chairman Fullmer. She has a desire to see quality businesses, not any drive by night used car dealerships. She and her husband chose Countryside for some of the same reasons mentioned this evening. She was very concerned about the entry of a used car dealership and as a new home owner she is interested in keeping property values up. She appreciates the positions taken and hopes that committee members agree with the Chairman’s thoughts.
The Closing Statement -- Mr. Graft stated that testimony under oath is uncontroverted that this is net new business from outside the area and sales go into the treasury of the City of Countryside. The petition for variance has been met and the requirements exceeded. They have listened very carefully to policy arguments and appreciate the Board’s honest and personal decision on the merits.
Mr. Gonzalez moved to close the Evidentiary Portion of the Public Hearing, seconded by Mr. Gutierrez and carried by unanimous voice vote. Ms. Grotzke moved to deny the request to permit an automobile retail sales dealership on the property commonly known as 6420 Joliet Road, seconded by Mr. Kehr and carried by unanimous Roll Call vote.
A motion was made by Ms. Grotzke, seconded by Mr. Kehr that this matter be DENIED. The motion carried by the following vote:
Aye: 9 Fullmer, Anderson, Gutierrez, Grotzke, Gonzalez, Urlacher, Ward, Kehr, Schwarz
Nay: 0
Mr. Gutierrez moved to deny the variance to allow a used automobile retail sales dealership at the property commonly known as 6420 Joliet Road, seconded by Mr. Schwarz and carried by unanimous Roll Call vote.
A motion was made by Mr. Gutierrez, seconded by Mr. Schwarz that this matter be DENIED. The motion carried by the following vote:
Aye: 9 Fullmer, Anderson, Gutierrez, Grotzke, Gonzalez, Urlacher, Ward, Kehr, Schwarz
Nay: 0
Chairman Fullmer stated that this matter will come before the City Council at its Regular Meeting on October 24, 2018 at 7:30 p.m.
Public Comment - none
Other Business
Mr. Trent stated that a follow-up request from the first item on the Agenda – T-Mobile antennas – a variance request for an additional antenna will be presented at the November 13th meeting.
Mr. Trent provided members with a listing of all cases coming before the PC/ZBA during the past year. He will continue this practice so that members stay informed. Also provided is a list of next year’s meeting dates for the PC/ZBA’s consideration. He is not acquainted with the past practice of approving the dates, but is hoping that the 2019 Meeting Dates may be considered next month. Chairman Fullmer will review the list of dates.
ADJOURNMENT
A motion was made by Ms. Grotzke, seconded by Mr. Gutierrez that this meeting be ADJOURNED. The motion carried by the following vote:
Aye: 9 Fullmer, Anderson, Gutierrez, Grotzke, Gonzalez, Urlacher, Ward, Kehr, Schwarz
Nay: 0
Chairman Fullmer declared the meeting adjourned at 9:35 p.m.
https://www.countryside-il.org/agendas-minutes/october-2-2018/
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