Peoria Standard

The city of Peoria Planning & Zoning Commission met Aug. 4 to rezone property.

Here are the meeting's minutes, as provided by the commission:

August 4, 2016 PLANNING & ZONING COMMISSION PROCEEDINGS Page 1 of 6

: OFFICIAL PROCEEDINGS :

: OF THE CITY OF PEORIA, ILLINOIS :

A meeting of the Planning and Zoning Commission was held on Thursday, August 4, 2016, at 1:00p.m., at City

Hall, 419 Fulton St., in Room 400.

ROLL CALL

The following Planning and Zoning Commissioners were present: Anderson, Durand, Heard, Misselhorn,

Viera, Unes, Chairperson Wiesehan– 7. Commissioners absent: None.

City Staff Present: Kimberly Smith, Shannon Techie, Madeline Wolf

SWEARING IN OF SPEAKERS

Speakers were sworn in by Staff Member Madeline Wolf.

MINUTES

Motion:

Commissioner Unes moved to approve the minutes of the Planning and Zoning Commission meeting held on

July 7, 2016; seconded by Commissioner Misselhorn.

The motion was approved viva voce vote 5 to 0.

REGULAR BUSINESS

CASE NO. PZ 16-26

Hold a Public Hearing and forward a recommendation to the City Council on the request of K. Santo Evans, to

rezone property from a Class CG (General Commercial) to a Class I-2 (Railroad/Warehouse Industrial) and for

a Special Use for Meat Processing and Packing, No Slaughtering, for the property located at 3545 SW Precast

Way (Parcel Identification Nos. 18-19-202-067), Peoria, Illinois (Council District 1).

Senior Urban Planner, Kimberly Smith, Community Development Department, read Case No. PZ 16-26 into

the record and presented the request. Ms. Smith provided a summary of the proposal and background of the

subject property as outlined in the memo. Ms. Smith referred to the addendum provided by the petitioner in

the agenda packet. Ms. Smith also noted the previous Rezoning and Special Use request from a CG (General

Commercial) to I-1 (Industrial/ Business Park) for the subject property in 2015.

The Site Plan Review Board recommended DENIAL of the requested rezoning and special use.

Commissioners Anderson and Durand entered the Council Chambers at 1:14p.m.

In response to Commissioner Unes’ request for further discussion, Ms. Smith said the recommendation

followed the current Ordinance based on the uses allowed in a Class I-2. If the proposed Special Use business

ceases, the subject property would remain zoned as Class I-2 next to Residential Zoning, allowing for uses

permitted in I-2.

Commissioner Unes questioned future commission review if the use for the subject property changed.

Ms. Smith said the commission would review if the future proposed use required a Special Use.

Commissioner Heard announced his abstention from Case No. PZ 16-26 due to financial interest.

Michael Kelley, owner of 3545 SW Precast Way, said he was approached by the City to relocate his business in

2006 to the current location and he spoke of his hardship of selling the subject property under the current

zoning of CG (General Commercial). Mr. Kelley spoke in support of the petitioner’s request. He asked the

commission to consider: the length of time the subject property was vacant; industrial as the best use for the

land; and approval of the rezoning request

Kevin Evans, petitioner, preferred to reserve his comment until after public testimony.

Chairperson Wiesehan opened the Public Hearing at 1:23p.m.

Page 2 of 6 PLANNING & ZONING COMMISSION PROCEEDINGS August 4, 2016

Terry Burnside, a concerned citizen and adjacent resident, was opposed to the Rezoning request and Special

Use request for Meat Processing and Packaging; Mr. Burnside was concerned with the garbage, storage, and

smell resulting from the fish processing.

Robin Grantham, an interested citizen, was not opposed to the request. Ms. Grantham supported a business in

this location that would be in harmony with the surrounding neighborhood. Ms. Grantham understood the

concerns of Mr. Burnside.

In response to Commissioner Durand’s inquiry, Ms. Grantham said other presidents of the Home Owners

Associations supported the project.

Commissioner Durand requested Mr. Burnside speak to his main concern regarding the Special Use.

Terry Burnside said his biggest concern was the smell. Mr. Burnside said in speaking with Mr. Evans, Mr.

Evans said the process included, “smoking fish.”

Ken Zika, an interested citizen, supported the request and encouraged creating jobs in the Southside.

Rod Antrim, an interested citizen and local business owner, was opposed to the Rezoning and Special Use

request. Mr. Antrim said industrial and meat processing was not in the best interest of the community. Mr.

Antrim said he was interested in developing the subject property as CG for window assembly.

Kevin Evans, petitioner, provided an overview of the Kencor business and addressed concerns. Kencor will

smoke fish in hickory smoke ovens. The subject property was chosen because of its close proximity to the

Illinois River. Mr. Evans said the development would be provide a substantial employment opportunity. The

plant was a zero waste facility and he referred to the addendum in the commission packet.

Commissioner Durand questioned if smoke stacks were involved when smoking fish.

Mr. Evans said smoke stacks are incorporated at the current operation and air cleaners are also installed as

an outlet for the smoking.

Commissioner Durand questioned how Kencor eliminated the smell associated with the fish processing.

Mr. Evans said the fish were received frozen. Mr. Evans said the smell associated with fish was when the fish

were rotted; therefore, it would be impossible to allow circumstances to exist and remain in business. Mr.

Evans said there would be no smell of fish negatively impacting neighbors.

Commissioner Misselhorn questioned the use of the use easement directly off SW Adams.

Mr. Evans said the facility would use Precast Way for accessibility.

Commissioner Misselhorn questioned the frequency of the shipment and delivery traffic.

Mr. Evans said UPS size trucks, once a week, will receive on Monday and ship on Friday. Mr. Evans said there

would be no shipping operations on the weekend. Mr. Evans said based on the growth plan, the facility will

receive trucks up to 3 times a week.

Commissioner Anderson questioned the proposed use to be considered in a different use category (i.e.

canning).

In response to Commissioner Anderson, Mr. Evans said Kencor was a zero waste facility; the tails, heads, etc.

are made into dog treats.

Councilwoman Moore said it would be great to move the process along. Ms. Moore said the location has been

publically available for 2.5 years.

With no further interest from citizens to provide public testimony, Chairperson Wiesehan closed the Public

Hearing at 1:48p.m.

August 4, 2016 PLANNING & ZONING COMMISSION PROCEEDINGS Page 3 of 6

Motion:

Commissioner Unes made a motion to approve the rezoning request from CG to I-2; seconded by

Commissioner Durand.

Discussion:

Commissioner Viera was not in support of the rezoning request; he was opposed to I-2 next to Residential.

Viera supported the project but expressed concern for setting precedence with I-2 next to Residential. Viera

was in support of exploring options for more appropriate zoning and allow the proposed use.

Chairperson Wiesehan agreed with Viera.

Commissioner Anderson questioned the allowance of the special use in I-1 (Industrial/Business Park).

Chairperson Wiesehan expressed concern the packing plant was not a use allowed in I-1 even though the

proposed process was a less intensive use.

Commissioner Misslehorn shared Wiesehan’s concern. Misselhorn was concerned the proposed process was

different than traditional meat packaging. Misselhorn questioned the interpretation for Special Use under I-2.

Ms. Smith said City Staff considered all possibilities to reduce the zoning while permitting the use; Ms. Smith

said the Ordinance gives the authority to the Zoning Administrator, Ross Black, who determined the category

for Special Use and zoning district was the most appropriate.

Commissioner Anderson shared Misselhorn’s concern for the interpretation of meat processing in relation to

the proposed request. Anderson said processing cattle and fish are not the same kind of business. Anderson

suggested the proposed was more like canning.

Commissioner Unes related the proposed use to a pizza delivery shop: raw meats, food preparation and

delivery.

Commissioner Anderson suggested working with the Ordinance to find a suitable solution for the unique

situation.

Ms. Smith noted Slaughtering was a separate category, permitted only in I-3.

Commissioner Viera expressed concern for setting precedence by allowing I-2 zoning next to R-4

(Residential); I-2 permitted more intensive uses than the use proposed.

Commissioner Unes said it was not the commission’s responsibility to change the code.

Commissioner Misselhorn said he recognized the quandary during discussion. Misselhorn was not in support

of I-2 next to Residential. Misselhorn was not in support of the motion.

Commissioner Anderson suggested creating a Form District for the subject property.

Commissioner Unes supported new business at the subject property. Unes suggested a deferral to further

explore opportunities for acceptable categories for the proposed use. Unes withdrew his motion.

Commissioner Viera expressed concern the CG zoning was not compatible with area when rezoned in 2006.

Chairperson Wiesehan referred to the Unified Code to address Viera’s concerns.

Motion:

Commissioner Unes made a motion to approve the rezoning request; seconded by Commissioner Durand.

The Planning and Zoning Commission took a break at 2:08p.m. The meeting resumed at 2:27p.m.

Chairperson Wiesehan provided an explanation and interpretation of the City Code as it exists pertaining to

the request. Chairperson Wiesehan returned to the motion on the table.

Page 4 of 6 PLANNING & ZONING COMMISSION PROCEEDINGS August 4, 2016

Commissioner Anderson questioned if the motion for rezoning was to be voted down, could the commission

approve the Special Use.

Commissioner Misselhorn addressed Anderson and said the Special Use would not be permitted without the

approval of the rezoning request.

Vice Chairperson Misselhorn read the Findings of Fact for Rezoning.

Chairperson Wiesehan noted there were negative points when considering Findings of Fact for Rezoning

pertaining to the request.

The motion failed viva voce vote:

Yeas: Anderson, Durand, Unes – 3.

Nays: Misselhorn, Viera, Wiesehan – 3.

Abstention: Heard – 1.

CASE NO. PZ 16-27

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

Insite RE Inc., Verizon Wireless, and Parallel Infrastructure, to amend an existing Special Use, Ordinance No.

16,406, as amended, in a Class R-3 (Single-family Residential) District for a Cemetery, to add a Wireless

Communication Tower Facility, for the property commonly known as Springdale Cemetery and located at

3014 N Prospect Road (Parcel Identification Nos. 14-34-200-006, 14-34-132-002, 14-27-476-001, 14-35-101

001), Peoria, Illinois (Council District 3).

Senior Urban Planner, Shannon Techie, Community Development Department, read Case No. PZ 16-27 into

the record and presented the request. Ms. Techie provided the summary of the proposal and requested

waivers as outlined in the memo.

The Site Plan Review Board recommended APPROVAL of the request, with the following conditions:

1. A waiver to allow the proposed equipment shelter to be comprised of material other than that

required by the Zoning Ordinance.

2. A waiver to allow the proposed 8 foot tall fence to be vinyl.

3. A waiver to allow space for only one collocator.

4. A waiver from the landscape requirements, due to the existing vegetative barrier.

5. Tower must be a stealth design (flag pole) as proposed.

6. Lighting must comply with the requirements of Appendix C, Section 6.6.9.A. No tower or antenna

shall be artificially illuminated unless required by the FAA. Lighting shall not exceed 1/2 foot candle

as measured at the property line and shall be down lit away from residential properties and public

streets.

7. Two signs not to exceed 4 sq. ft. must be placed on the site per Zoning Ordinance requirements for

wireless communication facilities.

8. Any gravel placed on the site in association with the equipment area must be contained within the

fenced area and not visible on the site.

Commissioner Misselhorn asked if the stealth design was a requirement.

Ms. Techie said the petitioner’s request included the stealth application; therefore, the approval from the

Historic Preservation Commission (HPC) included the stealth design. Stealth was not a requirement set by

staff.

Commissioner Misselhorn questioned the review process from both HPC and the Planning and Zoning

Commission (PZC) for the request.

Ms. Techie said the proposed request required both reviews. The subject property was a historical landmark;

therefore, the improvement required HPC review and approval. The use required a Special Use with PZC

review and approval.

Commissioner Viera expressed concern the stealth application for wireless communication towers limited

colocation, increasing the need for more towers in the city.

August 4, 2016 PLANNING & ZONING COMMISSION PROCEEDINGS Page 5 of 6

Chairperson Wiesehan supported the flagpole stealth application; the design was appropriate for a historic

landmark.

Commissioner Unes agreed with Commissioner Viera; Unes supported multiple antennas on one tower versus

several wireless communication towers throughout the city.

Kathleen Groark, petitioner representing Insite RE Inc., Verizon Wireless, and Parallel Infrastructure, said

Verizon was focusing on increasing coverage in Peoria. Ms. Groark said the location on the subject property

provided optimal coverage for the surrounding residential districts. Ms. Groark reviewed the request and

presentation that was distributed to the commission.

Commissioner Heard questioned if the stealth design provided less coverage than the traditional wireless

communication tower design.

Kathleen Groark said the stealth design minimized the number of antennas to 3, but the location was selected

for the installation of 3 antennas. Ms. Groark said 3 antennas would be sufficient for providing the necessary

coverage. Ms. Groark said the request for the stealth design was intended to be cohesive with the cemetery

and the historic designation.

With no further interest from citizens to provide public testimony, Chairperson Wiesehan closed the Public

Hearing at 2:49p.m.

Motion:

Commissioner Misselhorn made a motion to approve with staff recommendations and conditions; seconded,

by Commissioner Heard.

Discussion:

Commissioner Misselhorn supported the stealth application for this location. Misselhorn said the tower may

be less noticeable without the flag.

Chairperson Wiesehan requested staff provide an update on the current Verizon Wireless Communication

tower requests in the City.

Ms. Techie provided an update of the current wireless communication tower requests.

Vice Chairperson Misselhorn read the Findings of Fact for Special Use.

The motion was approved unanimously viva voce vote 7 to 0.

CASE NO. PZ 16-28

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

SMG, for a Special Use amendment to allow temporary signage in a Class B1 (Downtown Commercial) District,

for the property located at 201 SW Jefferson (Parcel Identification Nos. 18-09-251-009, 18-09-133-013, 18-

09-202-001, -002, -003, -004, and -005), Peoria, Illinois (Council District 1).

Senior Urban Planner, Kimberly Smith, Community Development Department, read Case No. PZ 16-28 into

the record and presented the request. Ms. Smith provided the summary of the proposal and requested waiver,

and the background of the subject property as outlined in the memo. Ms. Smith provided

The Site Plan Review Board recommended APPROVAL of the requested Special Use amendment.

Commissioner Misselhorn asked if the application fee was waived, as the Civic Center was a public entity.

Ms. Smith said the agreement was for the Civic Center to pay the Planning and Zoning application fee for Case

No. PZ 16-28; the fees would be waived for an anticipated subsequent Special Use application.

Chairperson Wiesehan expressed concern the sign may become a billboard. Wiesehan mentioned the current

Bradley University Basketball sign and expressed concern for allowing additional signage.

Page 6 of 6 PLANNING & ZONING COMMISSION PROCEEDINGS August 4, 2016

Commissioner Durand questioned waiving future fees.

Ms. Smith explained the Civic Center had a number of proposed items to bring forward. As this request had a

quicker turn around need, we are essentially considering this review as part one.

Commissioner Durand expressed concern for waiving fees.

Commissioner Misselhorn supported municipalities waiving fees for tax supported entities; Misselhorn

supported the public entities working together.

Megan Pedigo, petitioner representing the Peoria Civic Center, said the request was for a temporary sign for

the Broadway tour, Wicked. The musical company requested the banner be displayed throughout the

duration of performances in Peoria. Ms. Pedigo noted the positive economic impact of the event. The sign

placement provided optimal exposure.

Commissioner Misselhorn supported the request; Misselhorn said he appreciated the high quality sign

installations.

With no further interest from citizens to provide public testimony, Chairperson Wiesehan closed the Public

Hearing at 3:06p.m.

Vice Chairperson Misselhorn read the Findings of Fact for Special Use.

Motion:

Commissioner Anderson made a motion to approve the request as presented; seconded by Commissioner

Durand.

The motion was approved unanimously viva voce vote 7 to 0.

CITIZENS' OPPORTUNITY TO ADDRESS THE COMMISSION

Commissioner Viera discussed his concerns regarding allowance of wireless communication towers in the

City according to the Ordinance. Viera supported wireless communication towers and referred to the purpose

of the towers as reasonable and basic infrastructures. Viera supported towers that allow multiple antennas to

reduce the number of the towers needed to provide coverage in the City.

Discussion ensued regarding wireless communication towers.

It was determined there was no interest from citizens to address the Planning and Zoning Commission at

3:12p.m.

ADJOURNMENT

Commissioner Anderson moved to adjourn the regularly scheduled Planning and Zoning Commission

Meeting; seconded by Commissioner Heard.

The motion to adjourn was approved unanimously viva voce vote 7 to 0.

The Planning and Zoning Commission Meeting was adjourned at approximately 3:12p.m.

Kimberly Smith

Kimberly Smith, Senior Urban Planner

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Shannon Techie, Senior Urban Planner

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Madeline Wolf, Development Technician