CITY OF COUNTRYSIDE East Avenue Countryside, IL Meeting Minutes

Transcription

1 CITY OF COUNTRYSIDE 5550 East Avenue Countryside, IL Meeting Minutes Regular Meeting of the Plan Commission Zoning Board of Appeals Tuesday, May 3, :15 PM City Hall Board Members Chairman, Richard Fullmer, Jr., Secretary Robert Lube, Michael Anderson, Marco Gutierrez, Bryon Bednar, Crecencio Gonzalez IV, Tina Grotzke, Ronald Ward, Steve Kehr

2 Roll Call Secretary Lube called the Roll of Members physically present as follows: PRESENT: Also Present: Chairman Richard Fullmer, Jr., Secretary Robert Lube, Michael Anderson, Tina Grotzke, Marco Gutierrez, Crecencio Gonzalez IV, Bryon Bednar, Ronald Ward, Steve Kehr Attorney Peck, Zoning Administrator Kimberly Clarke APPROVAL OF MEETING MINUTES The minutes of the Regular Meeting of April 5, 2016 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 April 5, A motion was made by Mr. Gonzalez, seconded by Ms. Grotzke that this matter be APPROVED. The motion carried by the following vote: Aye: 9 Fullmer, Lube, Anderson, Gutierrez, Grotzke, Gonzalez, Bednar, Ward, Kehr 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 a. Public Hearing Case #19187-SU: A public hearing published in The Doings to grant a special use to permit a business (martial arts) that does not produce a sales tax in the LaGrange Road Corridor at the property commonly known as 5404 LaGrange Road, Countryside, IL. Ms. Grotzke moved to open the Public Hearing in this matter, seconded by Mr. Gonzalez and carried by unanimous voice vote. Mr. Andre Terencio and James Flanders, leasing agent, were sworn in by Chairman Fullmer. The Building Department has received the required proof of Notice. Ms. Clarke made the Staff presentation a non-sales tax producing use is seeking to locate in the LaGrange Corridor. In 2010 City Council approved the LaGrange Corridor Overlay District which places further restrictions on uses within that corridor area. One restriction relates to businesses not producing sales taxes. Those businesses are required to come before the PC/ZBA to request a special use; in addition, a fee in lieu of sales tax will be applicable to the business. The subject property is on the west side of LaGrange Road, in the B-1 zoning district. In the past, from there was a martial arts business located in this building. That business antedated the ordinance of 2010 so they never triggered the PILOT (Payment In Lieu of Tax) fee. The property and parking was established prior to the Cit s Zo i g Code a d therefore as lo g as the do ot redu e the number of parking spaces, a martial arts use is permitted. Without the Overlay District the business could move in today without any special requirement. CITY OF COUNTRYSIDE Page 2 of 6

3 Ms. Clarke presented photos of the business showing six parking stalls in the front shared by three tenants including 1 ADA stall and 7 parking stalls in the rear for employee parking. Further back is private parking for the banquet facilities. Ms. Clarke stated that this business has two other facilities located in Arlington Heights and in Chicago hours are from 5:30 p.m. to 10 p.m.; they typically have about 20 students per class; majority of sessions begin at 5:30 p.m. til 10 p.m.; Saturday classes start at 10:30 a.m. and end between 2 and 3 p.m. per their website. Parking is a concern among the various businesses; they will have to educate their customers regarding designated parking areas. The building is not sprinklered; this space has been vacant for over one year. Since the building is not sprinklered, any time there is change in use, the sprinkler requirement goes into effect. The PILOT fee of $1.75/s.f., per the Finance Director, is based on the area and the sales tax produced in an around the area. The building is s.f. the PILOT fee would produce $5,900 annually. Mr. Flanders stated that the hours will be from 10:30 a.m. to 10 p.m. daily perhaps three classes, other private lessons and activities. They would begin with three instructors, depending on growth whether more are added; they could handle a maximum of 20 students at one time. Mrs. Georgia Gavrilos, owner of the property, stated that an unwritten agreement regarding shared parking in the rear with the banquet hall facility has existed among tenants for some time; that related to the previous martial arts business as well. Classes generally last for one hour. Mr. Lube is surprised by that fact because in the past the banquet hall has not allowed shared parking. Mr. Lube would like to see a document in writing because in the past the parking areas have been chained off. Via Bella Banquets are the new owners. Mr. Flanders stated that parking is a huge issue for all the business in this area; it is a challenge. They are proceeding with verbal approval; the owner did not want to put it in writing. He stated that the lease has an opt-out clause of 60 days if the banquet parking becomes unavailable. The business cannot function without the parking. The previous martial arts school was in that location for seven years. Mr. Terencio stated that the classes are televised so that parents with smart phones may view the class li e o li e a d do t ha e to re ai i the uildi g. Other parki g is a aila le o Madiso t. a d the empty half of the Boston Market parking lot. General discussion re: parking is definitely a challenge; the business must communicate parking information to their clients. Mr. Gonzalez asked about parking directly behind the exit door in the rear. Mr. Gutierrez suggested adding wheel stops for safety reasons due to the presence of young children. Ms. Clarke stated that a bakery at 5410 may be coming on line soon. Mrs. Gavrilos stated that there is plenty of parking in the rear lot; banquet halls usually operate on the weekend; perhaps a funeral lunch during the day. Micah McHenry is the business owner of the tee shirt shop next door; he stated that the shared parking agreement was in place with the previous owner as well. Chair. Fullmer stated that the business needs 22 parking spaces; Ms. Clarke stated parking would be a challenge for any business going into that location. Chairman Fullmer sees a lot of frustration; someone needs to step up and purchase property for additional parking. If the banquet hall will not put the parking approval in writing, it does not exist. Mr. McHenry stated that the previous business left because of that. Mr. Fullmer stated that the new business is risky, plus the cost of modifying the property and if they lose the parking, they are taking a huge gamble. Mr. Flanders stated it was a martial arts business before; there is very minimal buildout all the accoutrements are already available; that helps them out a lot; they have a rent abatement plus a 60-day opt-out on the lease. Mrs. Gavrilos stated the situation is what it is what does the City suggest? How will the City help business owners. Mr. Gonzalez asked him about parking issues; Mr. McHenry stated it is frustrating for CITY OF COUNTRYSIDE Page 3 of 6

4 the business owners in the area; it has been a struggle even with the last martial arts business. Mr. Gonzalez is aware that the business is fighting a parking issue that cannot be changed; the owners are assuming that someone will make parking available. The owners are aware of the parking situation and accept the pitfalls associated with it. There is no resolution other than owners encouraging other methods of shared driving, kids riding bikes in the summer, being picked up and dropped off by parents, and informing patrons on where to park. Mr. Ward asked Mr. McHenry about his business pick-ups and deliveries are made in the front of the store they load boxes in the front. There were no other questions from Interested Parties. Mr. Flanders made the Closing Statement re: after negotiating the lease they learned of the PILOT fee, after the fact. They are a small business and did t ou t o a fee i lieu they are not sure they can justify the economics of $1.75/s.f. The lease is not signed yet; they have to figure it out; they know the parking is not ideal but are willing to move forward with what they know. Mr. McHenry is pro-business but is concerned about the approval of parking from the banquet hall by the owner of the property. Chairman Fullmer stated that they have an out in their lease regarding parking. That business cannot function without adequate parking for a class of 20 plus staff members; they will be gone in 60 days. Regarding the overlay district fee the PC/ZBA could recommend their offer of training for the police department in lieu of the PILOT fee that is up to the Mayor and Police Chief. Mrs. Gavrilos stated what are the owners supposed to do? How will the City support the residents and the business what accommodation will they make for the owners of the property will it be vacant forever because of parking. Chairman Fullmer stated that why solicit a tenant that generates this kind of traffic, as opposed to one that does not. Mr. Pete Angelos leasing agent, stated that the property has been vacant for two years; he has had other businesses interested in the property butthe sprinkler requirement comes into play. Chairman Fullmer stated that the owner of Café Salsa purchased additional property solely for parking. Mr. Angelos stated that the fee in lieu should be waived or reduced to give a break to the tenants and to the owner. Mr. Lube stated that decision is up to the City Council. Mr. Gonzalez moved to continue this hearing to provide the tenant time to get the parking matter in writing and discuss the PILOT fee with the City Council. Motion died for lack of a second. Mr. Gutierrez moved to approve the special use with the PILOT fee of $1.75/s.f., (or reduced for police training), and the wheel stops placed in the rear, seconded by Mr. Lube. Attorney Peck stated that this is a motion to grant a special use to permit a martial arts s hool i the Cit s o er ial orridor o the property commonly known as 5404 LaGrange Road, subject to the following conditions: 1) that there be a fee in lieu of sales tax of $1.75/s.f., and 2) that wheel stops be placed along the seven parking stalls in the rear of the building. Chairman Fullmer stated that this recommendation will come before the City Council at its Regular Meeting on May 25, A motion was made by Mr. Gutierrez, seconded by Mr. Lube that this matter be APPROVED. The motion carried by the following vote: Aye: 9 Fullmer, Lube, Anderson, Gutierrez, Grotzke, Gonzalez, Bednar, Ward, Kehr Nay: 0 b. Public Hearing Case # TA: A public hearing published in The Doings to amend the Zoning Code text regulating off-street parking. CITY OF COUNTRYSIDE Page 4 of 6

5 Mr. Lube moved to open the Public Hearing, seconded by Mr. Gutierrez and carried by unanimous voice vote. Ms. Clarke presented the Staff report. After the ordinance was adopted, further discussion took place that Staff should review the differing zoning districts comprising the Countryside community which vary in size. There are several zoning districts for residential in particular the R-7 District is unique rural with very large lots. The original ordinance set a size limitation on all trailers regardless of the zoning district; the size was limited to 7 feet in height and 12 feet in length or 4,000 pounds in gross weight, and screened on three sides. Zoning districts such as R-1 and R-7 are comprised of much larger lots and should be allowed a larger size trailer, when proper screening and location requirements are met. The alternative to restricting them totally would be to place a size limit on the trailer providing it is screened on three sides. In the older sections of the city where smaller lots are prominent, such as R-2, R-3, the size limitation should remain as is. Staff concluded that in R-1 and R-7 the size limitation is lifted, but should remain in place for all other zoning districts. Discussion ensued among Board members; a recreational vehicle must also be properly licensed and registered to the particular location in which it is situated. Residents living on smaller lots do not want to look at trailers. Mr. Bruce Schwartz lives in Ward 2, on an R-1 lot, provided a photo of his re reatio al ehi le. The trailer is lo g a d is s ree ed ushes o the side a d rear, and the garage. It is so far back as to not be visible from the road, except for the front of the trailer. He has owned this race car trailer since the 1990s. After viewing the photo, Board members agreed there is no problem ith Mr. h artz trailer. Board members also agreed that there should be no size limitation on trailers residing in the R-1 and R-7 districts so long as they are properly screened on three sides. Chairman Fullmer asked how many trailers are located in the City. Attorney Peck stated that the City allows a two-year grace period to come into compliance. After two years from the date of adoption of this title, the following shall apply to all recreational vehicles: there will be no grandfathering of vehicles; staff recommended grandfathering but the Board can deny it. Ms. Clarke stated that the City has many mobile homes that are parked on R-2 or R-3 lots on the driveways not being stored on the side or rear of the home. The City needs clear direction before trying to enforce the ordinance. Even in an R-1 lot the trailer must be concealed on three sides and three feet from the property line. If there is a high trailer e t to a fe e, that is a pro le. The PC/ZBA may change the recommendation in any manner they wish. Chairman Fullmer stated that the City needs clear rules; big trailers on small lots should be hidden from view. There is no issue with trailers on R-1 and R-7 so long as they are concealed on three sides a d fro the propert li e. All agreed that concealing is better than setting size limitations. Mr. Gonzalez moved to continue this matter until June for Ms. Clarke to return with recommendations including several ideas discussed this evening, seconded by Mr. Lube and carried by Roll Call vote. There were no further comments by Board members. CITY OF COUNTRYSIDE Page 5 of 6

6 Other Business Ms. Clarke stated that A d s Froze Custard will pull permits soon work must be completed before July reworking the parking lot. There have been some busy business days so they are anxious to get started. The EDC meeting last month had a proposal from Ettleson Hyundai to consider purchasing the property at 5631 LaGrange Road the old hotel property. Chipotle had a huge delay asbestos was discovered on the exterior of the building; they must deliver the site to Chipotle by August 1; they will be moving quickly. Terr s Bike hop per it e pires in August; they are installing a new water line for the fire suppression system. Phelan Dodge and Ideal School are bordered by a chain link fence. Part of the site plan approval providing for a solid privacy fence. Ms. Clarke was told that both parties actually prefer the chain link fence for security and safety reasons visibility is important to both parties. The existing fence will be checked for condition issues. Mr. Lube suggested making the fence six feet high. There is a walking path from the school; the dealership parks cars in the area. There is a row of parked cars adjacent to the fence line and a detention pond, plus a walking path. There is no news about Outriggers still for sale, no takers. applications are pending. Next month is still open no ADJOURNMENT A motion was made by Mr. Lube, seconded by Ms. Grotzke that this meeting be ADJOURNED. The motion carried by the following vote: Aye: 9 Nay: 0 APPROVED: Chairman Fullmer declared the meeting adjourned at 8:52 p.m. Respectfully Submitted, /fp RICHARD FULLMER, JR., CHAIRMAN CITY OF COUNTRYSIDE Page 6 of 6