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City of Countryside Plan Commission Zoning Board of Appeals met Oct. 8

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City of Countryside Plan Commission met Oct. 8.

Here is the minutes provided by the Commission:

Roll Call

Secretary Grotzke called the Roll of Members physically present as follows:

Present: Chairman Richard Fullmer, Jr., Secretary Tina Grotzke, Michael Anderson, Steve Kehr, Marco Gutierrez, Ronald Ward, Robert Schwarz, Danielle Edenfield

Also Present: Attorney Peck, Planning Manager Richard Trent, Alderman Jasinski, Alderman Finn

Approval of Meeting Minutes

The minutes of the Regular Meeting of September 3, 2019 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 3, 2019.

A motion was made by Ms. Grotzke, seconded by Mr. Anderson that this matter be Approved as presented. The motion carried by the following vote:

Aye: 8 Fullmer, Anderson, Gutierrez, Grotzke, Ward, Kehr, Schwarz, Edenfield

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 #PZAR19-0002: Consideration of a Map Amendment (Rezoning)

a. To consider granting a Map Amendment (Rezoning) to rezone the subject property at 10025 5th Avenue Cutoff (formerly a part of 10035 5th Avenue Cutoff) from R-7, Rural Residential to P-1, Public & Semi-Public, Zoning District in order to utilize the property as a storage facility.

2. Case #PSU19-0005: Consideration of a Special Use

a. To consider granting a Special Use to permit a public maintenance facility and storage yard in the P-1 Zoning District at the subject property - 10025 5th Avenue Cutoff. PM Mr. Trent stated that the Applicant, Local #150, has withdrawn its petition in both of the above matters and requested that no further action be taken at this time.

3. Case # PSU19-0006: Consideration of a Special Use

a. To consider granting a Special Use to permit a daycare center /nursery school (Kiddie Academy) in the B-1 Zoning District at the subject property – 9930 W. 55th Street.

Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Gutierrez and carried by unanimous voice vote. The Applicants were sworn in en masse by Chairman Fullmer – Attorney Thomas Moore, Ms. Kathryn Moore – Applicant, Finley Brown, property owner and Chris Commarati, representing Kiddie Academy. The Building Department has received the required Proof of Notice. Mr. Trent presented the Staff report.

Mr. Trent stated that the applicant, Ms. Moore, has requested to open a daycare/preschool (nursery school) - Kiddie Academy at 9930 W. 55th Street – located on the north side of 55th Street – an IDOT roadway, bounded on the west by 6th Avenue and on the east by 7th Avenue, both local roads. This would be a multi-purpose building, approximately 14,000 sq. ft. in size. The surrounding zoning is commercial (B-1 / B-2) to the south, east and west; the north side is zoned residential (R-3). There is some parking in the front and in the rear totaling 41 spaces; the rear parking is only accessed by 6th Avenue, which is a local road. Elevations of the building were displayed; there is a shared easement between adjoining buildings. Mr. Brown intends to renovate the entire building, interior and exterior; a color rendering has been provided.

Mr. Trent read a portion of the City’s Comprehensive Plan related to the House of Color Strip Plaza. “The existing strip mall requires access control and parking lot landscaping. The parking lot should be reconfigured to provide one-way traffic flow accessing angled parking. One driveway should be designated as the entrance and the other as the exit. Perimeter parking lot landscaping is needed to screen the designated parking area.” The site plan submitted shows the rear parking lot with 27 spaces and 14 spaces in the front for a combined total of 41 parking spaces. The main drop-off point is indicated to be along 6th Avenue with ingress/egress. The number of employees and the number of students is unknown at this time. Based on previous discussions (August Meeting – Discussion Item), it was noted that 165 students and 35 employees would be on the premises. City parking requirements are one (1) space for each employee, three (3) spaces for visitors, one (1) space for each bus and other vehicles used for this business. A color rendering of the exterior has been provided. A proposed playground area of 3,000 sq. ft. would be located in the rear, separated by age groups, from infancy up to age five.

The floor plan illustrates the separate spaces within the building – showing rooms for 2, 3, 4 and 5-year olds. Ms. Kathryn Moore seeks to establish a Kiddie Academy; currently there is one located at 540 W. Boughton Road in Bolingbrook. In comparing the subject property with the Bolingbrook location, there is a stand-alone building separated from the roadway and has plenty of parking on three sides. The building is shared by another business; there are no local roads on either side of the property. Also, there is no access to residential areas. IDOT is planning to make improvements to 55th Street, which will impact this property by diminishing the existing parking area in front of the building. Reconfiguring the parking to include angled parking will be necessary. Based on the information provided thus far, Staff has provided a recommendation to deny the request for the reasons stated.

Board Members discussed parking and green space conversion. Mr. Schwarz asked about the median extending from LaGrange Road to 7th Avenue. Mr. Trent stated that it may or may not become a mountable median at 7th Avenue; it would be difficult to make a left-hand turn to access the building (heading eastbound). There may be provisions for a U-turn.

Atty. Moore introduced Mr. Chris Commarati, national representative of Kiddie Academy. Kiddie Academy is a national franchising company with 240 locations throughout the country and 12-15 in the Chicagoland market, the nearest of which is Bolingbrook. Each location is independent but is supported by corporate with real estate selection, construction, operation and marketing. The doors open at 6:30 am and close at 6:30 pm; families are required to enter the secure facility and escort their child to their classroom – roughly 10-minute prime drop-off time between 7-9 am and pick-up time between 4-6 pm. The buildings are completely locked down so only a parent, guardian or staff member may gain entry. All locations are licensed by their respective states – this particular facility would have 174 children and 24 staff. Kiddie Academy is an educational childcare provider. Mr. Moore provided a general traffic study to each Board member; this study covers 180 “mature” locations. They forecast the number of parking spaces for any given location; for this location fully enrolled they forecast 25 cars coming and going at any given time; Mr. Commarati believes there should be no parking issues. Many staff members are dropped off; 33 percent of children are siblings arriving in one car. He pointed out the advantages of having three schools within a one mile radius; the Academy would improve neighboring businesses. This business is virtually recession proof. Corporate would not approve the location if it didn’t meet all their standards. This is a very positive location supported by the real estate team; he personally viewed the location. Ingress/egress meets all their requirements.

Atty. Moore introduced Ms. Katie Moore, who grew up in the LaGrange area and graduated from LTHS. She selected the Bolingbrook location seven (7) years ago, followed by a second location in Darien at 75th and Cass Avenue – very similar to this site. She would like to open a third school in her home area. All schools become nationally accredited as child care centers. Schools must be licensed by DCFS and meet their standards at all times. They have a Director and Assistant Director at each location; Administrative staff provides support along with lead teachers and assistant teachers; some are full-time, some part-time. The staff is staggered so everyone has different start and leave times – with no more than 24 staff on the premises at one time. Each child is individually reported upon with emails listing food eaten, bathroom training and age-appropriate education. Ms. Moore does not think they will bring additional traffic to the site; 55th Street is a commuter route going to I-55; current commuters will be making a stop twice a day at their location. The quality education will attract homeowners and help increase property values in the area.

Mr. Finley Brown, property owner, stated that Kiddie Academy provides a great service to the community; they put a lot of thought into the property they choose. This site fits well with their numbers; the only speculative aspect is the IDOT situation. Mr. Brown spoke with an IDOT attorney who stated he can work it out with IDOT. Some front parking may be eliminated but they will create angled parking; currently there are 14 stalls provided, which may be reduced to ‘11; there are 27 stalls in the rear so the numbers still work. Discussion ensued re: mutual easement for entry through 7th Avenue. Other uses for this building would bring more traffic to the area; the building could be divided into four separate businesses. He discussed the Darien site and compared it to the current site – 31,500 vehicles passing daily; 40 parking spaces, building size is 12,000 sq. ft.; it abuts retail and residential; access is worse due to an existing median. Darien is a very successful site and is very similar to this site. Mr. Brown will work diligently with Mr. Trent if the Board approves the request. He thanked the Board for their time and attention.

Chairman Fullmer asked Mr. Brown to provide other sites that are comparable to Countryside in that they require transit on residential streets to access the facility. He suggested that Countryside Plaza would be the ideal location for Kiddie Academy. He noted the differences between the Darien facility and the Countryside site. He asked to see similar locations and noted that the Board was not provided that information. Photos of locations in Santa Ana, TX, Crystal Lake and Arlington Heights, IL were shown, but were not deemed comparable by the Board. Mr. Brown doesn’t think this business will affect traffic that much. Mr. Gutierrez questioned the 10-minute pick-up and drop-off time and suggested that cars would be queued up during peak times. He also questioned the use of buses. Ms. Moore stated they are small 14 passenger vehicles but none are planned for use in Countryside. Even after reviewing the general traffic flow chart, Board members do not believe the site is sufficient for their purpose. Ms. Edenfield questioned staffing during peak times; staff would arrive and leave at various times throughout the day; no more than 25 would be there at one time. Mr. Kehr noted their previous number of 51 cars passing along 6th Avenue twice a day; they disputed that number and stated that due to the staggered times involved, no more than 25 cars would be actively traveling the streets. Mr. Schwarz reiterated his previous concerns re: funneling of traffic onto two (2) residential streets; he again asked to be shown any other similar facility anywhere in the country. Mr. Commarati sought to compare a facility in Tustin, CA and another one in Whitestone, NY. Parking is not the issue. Mr. Schwarz is concerned with funneling additional traffic flow onto two (2) residential streets; they have not provided a remedy for that problem. Mr. Commarati stated they cannot control how people drive; they can include information in the parent handbook directing parents to use certain roads to drop off children. He has never heard negative criticism from any facility located in a residential area regarding parking or traffic issues.

Discussion turned to property owners’ leverage and the negotiating process with IDOT. Mr. Commarati noted the easement between the two (2) commercial-zoned lots. Ms. Moore stated the school could author a separate document signed by the parent to insure driver compliance with rules. Mr. Kehr does not believe that the traffic count numbers are realistic for peak hours. Board members reviewed and discussed the general traffic flow study showing 102 plus 96 cars daily.

Comments from Interested Parties – Ken Eastman, 66 Leff Ave., LaGrange, IL. , works for Kiddie Academy and has experienced coming in at all hours of the day and night. There has never been a time over seven (7) years that he has ever not been able to find a parking space. Shannon Rapp, Countryside resident, cannot make a right turn onto her own street between 7-9 am and 4-6 pm because of the heavy traffic. When IDOT takes over, there will be definite problems. Everyone would love to see the facility there but 55th Street is awful; people take side streets all the time. People will not listen and will drive as they wish. Ald. Jasinski, 5410 – 9th Avenue, Triangle Area, stated that the traffic at 5:30 pm is a solid mess from LaGrange Road east to 9th Avenue. If a resident wants to make a left turn into their home street going eastbound, they’re in trouble. This happens both east and west of LaGrange Road.

Drivers are frustrated now, without ongoing construction; there is just too much traffic at peak hours. They have not provided any solutions to cope with the additional traffic issues that would be created. Will they put up directional signage? It is not a parking issue; it is a transit issue. Mr. Commarati believes that 172 cars added to the 21,000 already using 55th Street would make very little difference; it’s a very small increase. Ms. Moore stated they would post a no-right turn sign to help the flow of traffic. Signs are not obeyed.

Ms. Moore made a Closing Statement – Although she understands the traffic concerns, she believes Kiddie Academy would be a great asset for the community and she hopes that they seriously consider their request for a variance (Special Use); they are willing to work with the City in all possible ways.

Mr. Schwarz moved to close the Evidentiary Portion of the Public Hearing, seconded by Ms. Grotzke and carried by unanimous voice vote.

Mr. Schwarz moved to deny the Special Use, seconded by Ms. Grotzke. Attorney Peck stated that this is a recommendation to deny a Special Use to permit a daycare center / preschool (nursery school) at the property commonly known as 9930 W. 55th Street.

A motion was made by Mr. Schwarz, seconded by Ms. Grotzke that this matter be Denied as presented. The motion carried by the following vote:

Aye: 6 Fullmer, Anderson, Grotzke, Ward, Kehr, Schwarz

Nay: 0

Abstain: 2 Gutierrez, Edenfield

Chairman Fullmer stated that this recommendation will come before the City Council at its Regular Meeting on October 23, 2019.

Other Business

Next month the Adult Use Cannabis Ordinance will be on the agenda. City Council passed a Resolution and would like the PC/ZBA to review same and provide a recommendation. Mr. Peck stated there are three (3) issues – the zoning of the sale of cannabis. A public hearing should be held to determine where the PC/ZBA would want to permit the sale and possible growth within the City of Countryside – that is one ordinance. The second issue is the taxing of the sale of cannabis – City Council has already approved a 3 percent tax on the sale of cannabis within the City. The third issue is the actual business license of the establishment – a City Council matter. Chairman Fullmer stated the Ad Hoc Committee approved placement in the B-1 Zoning District with a distance restriction from schools, parks, etc. Mr. Trent stated that it may be approximately 1,000 or 1,500 feet away from residential uses, schools, churches, etc. Chairman Fullmer emphasized that the Plan Commission discussion will be limited to location only.

Mr. Trent stated that a variance for a fence has also been requested – that should be listed first. Ms. Edenfield sought clarification on whether the zoning is M-1 or B-1. Will it be looked at by very specific corridors, like LaGrange Road. Mr. Peck stated that all B-1 areas could be considered available if it was zoned as a Special Use in a B-1 District – that is the recommendation of the Ad Hoc Committee. This committee is free to make their own choice. Mr. Trent stated that the zoning ordinance currently has Medicinal Marijuana only allowed in the M-1 District. This proposed ordinance would eliminate the M-1 District and really focus on the B-1 Zoning District; growth and distribution can be separated.

Also included in the packet are the proposed 2020 Meeting Dates; coordination with the Clerk’s Office is needed. Lastly, included in the packet was the list of 2018-2019 Zoning Cases. There was no further discussion.

Adjournment

A motion was made by Ms. Grotzke, seconded by Mr. Ward that this meeting be Adjourned. The motion carried by the following vote:

Aye: 8 Fullmer, Anderson, Gutierrez, Grotzke, Ward, Kehr, Schwarz, Edenfield

Nay: 0

Chairman Fullmer declared the meeting adjourned at 9:45 p.m.

https://www.countryside-il.org/agendas-minutes/october-8-2019/

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