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OFFICIAL MINUTES PLANNING COMMISSION VILLAGE OF MATTESON July 15, 2010 CALL TO ORDER: Chairman Howard-Davis called the meeting to order at 7:30 p.m. ROLL CALL: Commissioners Present: 1. Sebronella Howard-Davis, Chairman 2. William Harris 3. Allan Johnson late arrival at 7:34 PM 4. Regan Stockstell late arrival at 7:31 PM 5. Albert Tyler III 6. Veloid Cotton Also Present: 1. Ryan Franklin, Village Planner 2. Brooke Henton, Community Development Specialist 3. Trustee Burton, Village Trustee Commissioners Absent: 1. Dr. Laurice Geanes Also Absent: 1. Pam Hirth, Director of Community Development CHANGES TO THE AGENDA - No changes to the Agenda. APPROVAL OF JUNE 17, 2010 MINUTES: Commissioner Harris made a motion to accept the June 17, 2010 Minutes. Commissioner Stockstell seconded the motion to accept the June 17, 2010 Minutes. VOTES: Cotton : Abstain Geanes : Absent Harris : Aye Howard-Davis : Aye 3 Ayes 0 Nays 2 Abstain 2 Absent Stockstell : Aye Tyler : Abstain Johnson : Absent The June 17, 2010 Minutes were approved, with no changes.. PUBLIC HEARINGS - No Public Hearings OLD BUSINESS - No Old Business 1

NEW BUSINESS - PC #10-005 Consideration of Site Plan, Landscape Plan, Signage Plan, and Building Elevation Plan for a proposed restaurant (Chili s) to be located at 4413 W. Lincoln Highway Village Planner Franklin presented the Staff Report as follows: GENERAL INFORMATION APPLICANT: Lisa Kennedy, owner s representative OWNER: ERJ Dining LLC CURRENT ZONING & LAND USE: Mixed Use District (MXD) / partially developed parcel ADJACENT ZONING & LAND USE: NORTH: SOUTH: EAST: WEST: C-4 Highway Commercial / Burger King Mixed Use District (MXD) / Lincoln Mall Mixed Use District (MXD) / Existing Chase Bank Mixed use District (MXD) / Lincoln Square Plaza LAND USE PLAN DESIGNATION: Regional High Intensity BACKGROUND: On August 16, 2007 the Plan Commission approved a final plat of subdivision for Lincoln Mall Unit 1. At the same meeting the Plan Commission approved plans for a Chase Bank to be located on one of the subdivided lots. On December 28, 2007 a cross access easement was recorded to ensure access between the two properties. ANALYSIS: Site Plan Chili s plans to build 5,300 square foot building at 4413 Lincoln Highway, the parcel immediately west of the current Chase Bank. There will be four (4) full-time and fifty (50) part-time employees. Chilis will be open every day from 11 AM to 12 Midnight. The applicant anticipates 10% sales to come from their To-Go orders. The maximum seating capacity of the restaurant is 184 including the bar seating. A restaurant is a permitted use in the MXD, and the property is 1.8 acres which exceeds the minimum lot size requirements for that Zoning District. There are 103 parking spaces proposed and the Zoning Ordinance requires 98 spaces. The existing driveway apron on Lincoln Highway will be removed and replaced with a seed mix, sidewalk and curb and gutter to match the existing (see attached C3.0). The proposed site plan is in compliance with the Village of Matteson s Zoning Ordinance, and has also been reviewed and approved by the Fire Department. The proposed plans have received approval from the Village Engineer for final engineering. However the applicant must provide IEPA wastewater, MWRDGC, and 2

IDOT permits prior to the issuance of building permit (see attached letter from Village engineer). Building Elevations Plan The building will be constructed of hardiplank siding and manufactured stone. According to the Design and Development Guidelines Hardiplank Siding is encouraged. Although manufactured stone is not specified in the Development and Design Guidelines, the Village s Senior Building Inspector has reviewed the proposed manufactured stone product and finds the material to be acceptable (see attached letter from Senior Building Inspector). The applicant has confirmed that the proposed manufactured stone is not constructed of polyurethane panels. The garbage enclosure will be finished with hardiplank siding to match the building with steel louvered gates. The predominant colors of the building will be plymouth green, fireweed, and ceremonial gold (see attached colored elevation plan Sheet A201). The proposed building elevations and trash enclosure are in compliance with the Zoning Ordinance. Landscape Plan The landscape plan is comprised of varied species of canopy and ornamental trees, shrubs, grasses, perennials and groundcovers that will maintain aesthetic appeal year round. An irrigation system and sod will be installed throughout the parcel. The four Japanese tree lilacs meet the streetscape landscaping requirement. The parking lot is screened by a combination of Anthony waterer spireas, knock out roses, and feather reed grasses. All of the proposed parking lot screening will be installed at a minimum 30 inches per the Zoning Ordinance. The 9 parking lot trees meet the requirements of the Zoning Ordinance. In addition the remaining trees and shrubs exceed the open space and perimeter landscaping requirements. The landscape plan also exceeds the foundation planting requirement. The proposed landscape plan is in compliance with the Zoning Ordinance. Signage Plan There are two signs proposed for the north elevation, and two signs proposed on the west elevation. The applicant has indicated that Chili s does not intend to build a free standing sign. The maximum allowable signage for the north elevation is 146 square feet. The signage on the north elevation is 99 square feet. The proposed signage on the north elevation meets the area requirements of the Zoning Ordinance. The maximum allowable signage on the west elevation is 152 square feet. The proposed signage on the west elevation is 76 square feet. The proposed signage on the west elevation meets the area requirements of the Zoning Ordinance. This proposed signage exceeds the maximum permitted number of signs. There are 2 proposed signs on the north and west elevations, and according to the Ordinance only 1 sign is permitted per each street front. The proposed signs meet the square footage requirements. Therefore, staff recommends the building signs located on the north and west elevations be considered favorably by Commission. 3

The request for additional building signage must be requested as additional signage. Staff has reviewed the criteria as established in Section 159.55 (I) (3) (g) of the Zoning Ordinance and presents the following: (i) It is deemed necessary to protect or promote the health, safety or welfare of employees and/or pedestrian or vehicular traffic in or near the site. The additional signage will not promote the health, safety and welfare of the community, though it will provide greater identification and visibility for the proposed business, (ii) The business location, lot configuration or unique topographical condition indicates the need for additional signage. The additional signage is not being requested because of the lot configuration or a unique topographical condition. (iii) The additional signage will not adversely impact on adjacent property or essentially alter the character of the locality. This additional sign will not negatively impact the surrounding commercial properties. (iv) The scale of other development is such that additional signage is necessary in order to maintain a realistic relationship between building size and site identification. The proposed additional signage will balance identification of the business as the applicant is not requesting a freestanding development sign. (v) It is deemed necessary that mixed-use, unified development sites require identification signage in addition to their street addresses to assist emergency services, deliveries and customers. The proposed sign will allow proper visibility as the applicant is not requesting a freestanding development sign which would typically be more directly visible from Lincoln Highway., The Plan Commission to may grant additional signs/or sign area for business sites in C- 1, C-2, C-3, C-4 and MXD Zoning Districts based on one or more of the criteria as presented above. RECOMMENDATION: Staff recommends approval of a Site Plan, Landscape Plan, Signage Plan (including additional signage), and Building Elevation Plan for a proposed restaurant (Chili s) to be located at 4413 W. Lincoln Highway, with the following conditions to be addressed prior to the issuance of a building permit: 1. The drainage certification shall be signed by the owner or authorized attorney for verification by the Village Engineer, 2. A copy of the IEPA wastewater permit shall be submitted to the Community Development Department for verification by the Village Engineer, 3. A copy of the MWRDGC permit for the sanitary sewer connection shall be submitted to the Community Development Department for verification by the Village Engineer, and 4. All correspondence with IDOT regarding the removal of the of the existing depressed curb and driveway apron on Lincoln Highway shall be submitted to 4

the Community Development Department for verification by the Village Engineer. COMMISSIONER DISCUSSION/QUESTIONS/COMMENTS Prior to beginning discussion, the applicant was introduced and provided an overview of the Chili s Restaurant. Applicant stated that the anticipated construction start date is set for spring 2011 with a 4 month construction period. The Plan Commission discussion/questions/comments included the following: 1. Commissioner inquiry as to whether this project was presented to the Economic Development Commision. Applicant answered that it had not. 2. The Commission expressed concern about the manufactured stone, particularly if the stone is consistent with other Chili s restaurants, how the stone is applied and if product has been used previously. Applicant identified that the product is consistent with other restaurants; the stone is applied with mortar and has been used for at least 10 years. 3. The Commission inquired if allowing this type of manufactured stone would set a precedent. Staff replied yes, it could and therefore, obtained a letter of support from our Senior Building Inspector, attesting to the durable qualities of this product. 4. The Commission inquired if this type of manufactured stone was used in the Homewood location of Chili s Restaurant. Applicant was unsure, but Staff noted that a site visit the proposed manufactured stone is superior to the type of stone used in the Homewood location of Chili s Restaurant. 5. The Commission inquired about the weathering of the stone. Applicant responded that the color variation in the manufactured stone allows the stone to weather nicely. 6. The Commission inquired about the use of Hardy Plank siding. Applicant responded that they recently switched the prototype from EIFS to Hardy Plank siding. This product meets the scale and texture of the wood, but does not rot. This product is screwed into the structure. Staff made sure the Hardy Plank met the Design Guidelines. 7. The Commission inquired about adding outdoor seating to the site plan, specifically in the 20 foot area near the building in the northwest corner. Applicant stated that she would look into the feasibility of adding tables to the outdoor area. 8. The Commission asked if outdoor seating would come to the Plan Commission for approval. Staff replied yes. 9. The Commission asked if there was lighting on the building and in the parking lot. Applicant stated that there is accent lighting near the awnings, lighting in the 5

existing parking lot and some light poles will be added to match the existing lighting in the parking lot and on Chase Bank site. 10. The Commission inquired about the ladder to the roof of the building and if it needed to be gated for security purposes. Staff will look into the building code. 11. The Commission inquired about if the construction bid will be open to local contractors. Applicant stated that they work with a national contractor that bids the contracts locally. 12. The Commission asked if the petitioner had closed on the property. The petitioner stated that they were in the due diligence period and they typically go through the approval process prior to closing. The Commission stated concern about giving zoning entitlements to company that does not own the property. Commissioner Stockstell made a motion to approve agenda item PC #10-005 Commissioner Johnson seconded the motion. Prior to voting, the Commission held additional discussion regarding the outdoor seating area and the applicant s purchase of the property. The Commission directed the applicant to work with staff to assess the feasibility of outdoor seating. If outdoor seating is not feasible, staff will advise the Commission as to the reason. The Commission recommended that site plan approval be subject to the applicant s purchase of the property, and should the property be acquired by another owner (other than Chili s) that the new applicant will need to present their case before the Plan Commission. Conditions of approval were added accordingly. VOTES: Cotton : Aye Geanes : Absent Harris : Aye Howard-Davis : Aye 6 Ayes 0 Nays 0 Abstain 1 Absent Stockstell : Aye Tyler : Aye Johnson : Aye The motion to approve the Site Plan, Landscape Plan, Signage Plan, and Building Elevation Plan for a proposed restaurant (Chili s) to be located at 4413 W. Lincoln Highway carries, subject to the following conditions: 1. The applicant shall work with staff to assess the feasibility of an outdoor seating area. If outdoor seating is determined to be not feasible, staff will present a report to the Plan Commission as to the reason. 2. Plan approvals shall be subject to the applicant s purchase of the property. If the property is acquired by another restaurant owner, the new applicant shall present their case before the Plan Commission. 6

COMMISSIONER S REPORT/INQUIRIES The Commission asked if the applicant planned on seeking any incentives. The applicant indicated that she did not plan on seeking any incentives. The Commission mentioned that the driveway entering the Chase site from Kostner Avenue poses a hazard. Staff replied that they will have the Village Engineer look into it. The Commission inquired if there are any remaining TIF dollars to finish the Kostner Ave/Promenade Way road. Staff replied that they will research the matter. The Commission inquired about the status of the Cicero Ave median project. Staff informed the Commission that the Public Works Department has been out there to remove some of the dead plant material but have been very busy with other matters related to clearing recent tornado damage, tree removal due to the emerald ash borer, and a water main break under Interstate 57. The Commission inquired about how soon Firestone will start construction. Staff stated that Firestone is working on their building permit. Firestone will be coming back to the Plan Commission to get additional approval, but that should not change the start date of construction. The Commission inquired about the status of unfinished subdivisions. Staff stated that several letters of credit have expired. The Commission suggested that if there was never written notification that the letters of credit were due to expire they are still active. Staff indicated they research the matter. Trustee Burton mentioned that the Board has approved an incentive package for a Sonic drive-in restaurant. In addition, the Community Center construction has come to a halt due to the state wide labor union strike. The Commission inquired about the code enforcement efforts throughout the Village. Staff indicated that there is only one code enforcement officer for the entire Village and she is working hard everyday to ensure property owners are in compliance with the Property Maintenance Code. The Commission inquired about business retention. Trustee Burton indicated that the Economic Development Department works on business retention efoorts, visiting almost every business within the Village and noting their status. STAFF COMMUNICATIONS Per previous request, Staff presented a Zoning Map to the Commission. NEXT REGULAR MEETING - The next Plan Commission meeting is scheduled for August 5, 2010. ADJOURNMENT - The Plan Commission Meeting was adjourned at 8:57 p.m. Minutes submitted by: Community Development Department 7

Community Development Department 4900 Village Commons Matteson, IL 60443 (708) 283-4940 To: From: Chairperson and Members of the Plan Commission Pam Hirth, Director of Community Development Date: August 3, 2010 Re: Responses to Inquiries from 7/15/10 Meeting Cicero Avenue Medians. IDOT sprayed the medians last week and the Public Works Department pulled weeds in the mulched medians on Friday. This week, the Public Works Department is identifying all areas, including corridor areas in need of attention in order to formulate a plan for addressing these areas. Kostner Avenue. The Lincoln Mall is located in TIF #4, at this time there is no increment available in the TIF. Staff has recently sent a letter to Mall Management advising them of several significant matters that need to be addressed including the condition of Kostner Avenue as well as the condition of the bike path/trail. Letter of Credit. The Community Development Department took over letters of credit (LOC) last year. According to a letter of credit summary prepared by our consulting engineer, based on info available in LOC files, many of the LOC s expired years ago, and subsequently banks started asking for return of original documents. For the ones that did not expire, Staff has continued to work diligently with the various banks and financial institutions to ensure that current LOCs are extended accordingly. Recently, the Village contacted the bank about the LOC for The Pointe subdivision and as a result, the developer Montalbano and his financial rep have been working to address outstanding engineering issues. Protective Rooftop Ladder. There is no code requirement for cages around ladders. Our Building Inspector indicated that OSHA may have a requirement for cages, however that would not be under our jurisdictional control. 8