Peoria Standard

City of Peoria Planning & Zoning Commission met March 5.

Here is the minutes provided by the commission:

A meeting of the Planning & Zoning Commission was held on Thursday, March 5, 2020, at 1:00 p.m., at City Hall, 419 Fulton St., in Room 400, with Chairperson Michael R. Wiesehan presiding and with proper notice having been posted.

ROLL CALL

The following Planning & Zoning Commissioners were present: Ed Barry, George Ghareeb, Robin Grantham, Eric Heard, Branden Martin, and Mike Wiesehan – 6. Commissioners absent: Richard Unes – 1.

City Staff Present: Leah Allison, Ross Black, Megan Nguyen, and Bahader Singh

SWEARING IN OF SPEAKERS

Speakers were sworn in by Megan Nguyen.

MINUTES

Commissioner Ghareeb moved to approve the minutes of the Planning & Zoning Commission meeting held on February 6, 2020; seconded by Commissioner Heard.

PZ 20-3

The motion was approved viva voce vote 6 to 0.

REGULAR BUSINESS

Hold a Public hearing and forward a recommendation to City Council on the request of the City of Peoria to rezone property from former right-of-way to Class R-3 (Single Family Residential) District for the property located in the southeast corner of the intersection of Wilhelm Road and the Rock Island Trail, and identified as part of Outlot B in Hunter’s Trail Subdivision, in the Northeast Quarter of Section 25, Township 10 North, Range 8 East. Peoria, IL (Council District 5).

Senior Urban Planner, Leah Allison, Community Development Department, read Case No. PZ 20-3 into the record and presented the request. Ms. Allison provided a summary of the request and offered relevant background context.

Chairperson Wiesehan asked for clarification of what is being rezoned and what right-of-way exists in the area. Ms. Allison provided brief clarifications as requested.

Chairperson Wiesehan opened the public hearing at approximately 1:06pm. There being no public testimony, the public hearing was closed at approximately 1:06pm.

Commissioner Ghareeb read the Findings of Fact at approximately 1:07pm.

Motion:

Commissioner Heard made a motion to approve the request as presented; seconded by Commissioner Grantham:

The motion was APPROVED viva voce vote 6 to 0.

Yeas: Barry, Ghareeb, Grantham, Heard, Martin, and Wiesehan – 6 Nays: None – 0

PZ 20-4

Hold a Public Hearing and forward a recommendation to City Council on the request of Roxanne Olson to obtain a Special Use, in a Class R-7 (Multi-Family Residential) District, for a Legal Non-Conforming Use Change for a Residence, Office, and Music Studio, for the property located at 7150 N University St (Parcel Identification No. 14-08-301-010), Peoria, IL (Council District 5).

Senior Urban Planner, Leah Allison, Community Development Department, read Case No. PZ 20-4 into the record. Ms. Allison provided a summary of the proposal and offered relevant background context, as well as conditions for approval pertaining to improvements of the site to bring it up to Code.

Commissioner Ghareeb asked if the existing building has a tenant. Ms. Allison confirmed there is a tenant occupying part of the building. Commissioner Ghareeb asked how the proposal will impact the tenant. Ms. Allison deferred that question to the Petitioner.

Chairperson Wiesehan opened the public hearing at approximately 1:14pm.

Mike O’Brien, of Re/max Commercial, spoke on behalf of the Petitioner. He said the tenant currently occupying the building is relocating and will not be impacted. He stated the Petitioner’s intent is to convert the property to accommodate residency upstairs, with business to be conducted downstairs. Chairperson Wiesehan asked if existing offices in the building will be changed for residential purposes. Mr. O’Brien confirmed they would be. He also stated the Petitioner accepts the conditions of approval from the City. He asked for clarification on dumpster enclosure, which Ms. Allison provided.

There being no further public testimony, the public hearing was closed at approximately 1:20pm.

Commissioner Ghareeb read the Findings of Fact at approximately 1:21pm.

Motion:

Commissioner Grantham made a motion to approve the request as presented; seconded by Commissioner Heard:

The motion was APPROVED viva voce vote 6 to 0.

Yeas: Barry, Ghareeb, Grantham, Heard, Martin, and Wiesehan – 6 Nays: None – 0

PZ 20-D

Hold a Public Hearing and forward a recommendation to City Council on the request of the

City of Peoria to amend Appendix A, the Unified Development Code, relating to Warehouse, Indoor Multi- Story Storage.

Senior Urban Planner, Leah Allison, Community Development Department, read Case No. PZ 20-D into the record. Ms. Allison provided a summary of the proposal and offered relevant background context.

Chairperson Wiesehan asked about potential developments, and if staff have received any requests that motivated this change. Ms. Allison said some questions and requests regarding the use of properties affected by this change had been received.

Chairperson Wiesehan opened the public hearing at approximately 1:28pm. There being no public testimony, the public hearing was closed at 1:28pm.

Motion:

Commissioner Barry made a motion to approve the request as presented; seconded by Commissioner Heard:

The motion was APPROVED viva voce vote 6 to 0.

Yeas: Barry, Ghareeb, Grantham, Heard, Martin, and Wiesehan – 6 Nays: None – 0

PZ 19-L (deferred from February meeting)

Hold a Public Hearing and forward a recommendation to City Council on the request of the City of Peoria to amend Appendix A, the Unified Development Code, relating to Short Term Rentals.

Senior Urban Planner, Leah Allison, Community Development Department, read Case No. PZ 19-L into the record. Community Development Director, Ross Black, provided relevant information and background context of the case.

Chairperson Wiesehan asked if existing neighborhoods and their associations take precedence over City ordinance. Mr. Black provided clarification that existing covenants attached to a property would not be burdened or abrogated by the text amendment.

Commissioner Martin asked how long it will take a person to receive their license after filing an application with the City. Mr. Black stated, from the Planning and Zoning Division, the process for approval should be relatively quick, since there is no need for Council approval. For issuance, the full timeline depends on the Finance Department’s ability to produce the license. Commissioner Martin voiced approval for the text amendment.

Chairperson Wiesehan asked about the process that led to the final draft of this amendment. Mr. Black talked about the process, stating there had been a large meeting with citizens, followed by conversations with individuals that led to the amendment’s refinement. Chairperson Wiesehan further enquired about the self-inspection form. Mr. Black stated they are drawn from the same form for non-owner-occupied properties. He also stated the City reserves the right to spot-check properties to verify the forms.

Commissioner Ghareeb asked if City will need more Code Enforcers. Mr. Black said there is no anticipated need for additional City staff. Commissioner Ghareeb further asked what will regulate how many people will be permitted to stay in one home. Mr. Black said the City will make use of the existing building code to address that point. Commissioner Ghareeb then asked if there is a limit on how many short-term rental units one can maintain. Mr. Black stated there is no limit.

Commissioner Heard asked for an estimate on how many such units are operating in the City of Peoria. Mr. Black said, at most, there are approximately a couple hundred currently in operation within the City.

Chairperson Wiesehan opened the public hearing at approximately 1:39pm.

Andres Diaz, a concerned citizen, voiced his opposition to the proposal as burdensome to small-business owners and as undermining to the efforts of citizens to improve their neighborhoods. Mr. Diaz expressed his concern that the proposal would lead to a disinvestment in the City of Peoria.

Tony Lees and Angel Chatterton, concerned citizens, had questions for clarification. Chairperson Wiesehan intervened, stating that public comments are to speak for or against each case; and that direct questions must be addressed to individuals outside the public forum. Ms. Chatterton said the amendment is confusing.

Linda Fairbanks, a concerned citizen, stated her agreement with Mr. Diaz. Ms. Fairbanks asked the commissioners about their familiarity with online platforms for short-term rentals. She expressed concern that the amendment adds further regulation and fees on property owners.

There being no further public testimony, the public hearing was closed at 2:02pm.

Motion:

Commissioner Martin made a motion to approve the request; seconded by Commissioner Grantham. Prior to a vote being held, there was discussion amongst the Commission.

Chairperson Wiesehan addressed the room at large about the process that led to the production of this amendment and cast his doubt on the proposal.

Commissioner Heard said the proposal is a little complicated.

Chairman Wiesehan asked if the Commission is only looking at which Zones short-term rentals will be permitted. Mr. Black confirmed this, stating the process as whole is working to make short-term rentals legal in the City of Peoria, as they currently are not permitted anywhere in the City.

Commissioner Martin stated that the amendment is designed to protect the City and its citizens from something that is not regulated and to prevent people from being pushed to other towns by making short- term rentals legal in the City.

Chairperson Wiesehan stated the Commission’s purpose is to vote to send the proposal forward to City Council and that the Commission is only looking at the Zoning of short-term rentals. Mr. Black stated the Planning and Zoning Division shared this purpose, as well. Chairperson Wiesehan said any further concerns would have to be taken up with City Council, who will make the final decision on the whole proposal.

Commissioner Ghareeb expressed commendation for Mr. Black’s commitment to the project.

Commissioner Heard said it is important to create a pathway to make short-term rentals legal in the City of Peoria.

The motion was APPROVED viva voce vote 6 to 0.

Yeas: Barry, Ghareeb, Grantham, Heard, Martin, and Wiesehan – 6 Nays: None – 0

CITIZENS' OPPORTUNITY TO ADDRESS THE COMMISSION

There were no citizen requests to address the Commission.

ADJOURNMENT

Commissioner Barry made a motion to adjourn; seconded by Commissioner Martin at approximately 2:15pm.

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