Peoria Standard

City of Peoria Planning & Zoning Commission met March 2.

Here is the minutes as provided by the Commission:

A meeting of the Planning & Zoning Commission was held on Thursday, March 2, 2017, at 1:00p.m., at City Hall, 419 Fulton St., in Room 400.

Roll Call 

The following Planning & Zoning Commissioners were present: Michele Anderson, Wes Durand, Eric Heard, Mark Misselhorn, Nick Viera, and Chairperson Mike Wiesehan– 6. Commissioners absent: Richard Unes – 1. 

City Staff Present: Leah Allison, Joshua Naven, Stan Taylor, Shannon Techie, Madeline Wolf

Swearing of Speakers 

Speakers were sworn in by Staff Member Madeline Wolf.

Minutes 

Commissioner 

Heard moved to approve the minutes of the Planning and Zoning Commission meeting held on February 2, 2017; seconded by Commissioner Durand. 

The motion was approved viva voce vote 6 to 0.

Regular Business 

Commissioner Misselhorn made a motion to rearrange the order of regular business and move Case No. PZ 17-08 to be the first case presented; seconded, by Commissioner Anderson. 

The motion was approved viva voce vote 6 to 0.

Case No. PZ 17-08 

Hold a Public Hearing and forward a recommendation to City Council on the request of Brandon Dean of Dean Custom Builders, LLC to amend an existing Ordinance No. 15,627 as amended in a Class R-6 (Multi-Family Residential) District to modify building type, placement and access for the property identified as Parcel Identification No. 09-29-126-013 which is generally located at the northeast corner of Knoxville Avenue and Deerbrook Road, along the west side of Oakwood Drive. The subject property is part of the Oakbrook Park Villas Multi-Family Plan with an address of 11217 N Oakwood Drive, Peoria Illinois (Council District 5).

Senior Urban Planner, Leah Allison, Community Development Department, read Case No. PZ 17-08 into the record and read a letter from the petitioner requesting a deferral to the next regularly scheduled meeting.

Chairperson Wiesehan opened the Public Hearing at 1:05p.m.

Devin Birch, representing the petitioner, reported his client was unable to attend the meeting due to a prior commitment that he was unable to cancel. Mr. Birch said he recognized the neighbor oppositions and that was not the petitioner’s intent; therefore, the petitioner requested more time to see what type of development may be more compatible to community’s interest.

Chairperson Wiesehan said he appreciated that the petitioner considered the neighborhoods’ concerns.

Pat Lewis, a concerned neighbor, was a member of the committee that worked with the condominium development and Homeowners Association to derive a compromise in 2003 with the development of Oakwood Condominiums. Mr. Lewis was opposed to the request to amend Ordinance No. 15,627 as the proposed development would harm property value and the design was not consistent with the character of the adjacent neighborhoods. Mr. Lewis supported the deferral request and requested the deferral be longer than 30 days.

Chairperson Wiesehan inquired the percentage of residents still occupying their homes since 2003 in the Deercreek subdivision.

Pat Lewis said he did not have the requested data. Mr. Lewis said the neighborhood does not have a high turnover rate. Mr. Lewis noted the increase in traffic and the speed of traffic on Deerbrook Drive and Oakwood Drive from the Oakbrook Condominium development was a concern for families in the neighborhood.

Herold Fritz, a concerned neighbor and representing the Oakbrook Homeowners Association, was opposed to the request to amend Ordinance No. 15,627 that would allow an apartment building to be constructed in lieu of townhomes. Mr. Fritz was concerned the proposed development would decrease the property value and the quality of the area. Mr. Fritz expressed concern to have a mix of owner occupied and non-owner occupied properties within the same development.

Megan Remmel, a concerned resident of the Oakbrook Condominiums, was opposed to any apartment development at the proposed location. Ms. Remmel said she chose the location of her condo as it was away from the entrance road and the quietness the center of the complex provided. Ms. Remmel noted the proposed complex’s access drive and building would be close to her unit which would decrease her property value and increase noise.

Ginger Gray, a concerned resident of the Oakwood Condos, was opposed to any apartment development at the proposed location and echoed Ms. Remmel’s testimony.

Chairperson Wiesehan inquired if the petitioner would support a deferral longer than 30 days, in response to Pat Lewis’ testimony.

Devin Birch said he was authorized to submit deferral request for 30 days and without speaking to his client, he was going to uphold his original request for a 30 day deferral.

With no further interest from the public to provide public testimony, Chairperson Wiesehan closed the Public Hearing at 1:16p.m.

Chairperson Wiesehan said he understood the neighbors’ concerns and asked staff to speak to the allowance of a deferral in excess of 30 days.

Ms. Allison responded the standard procedure was a 30 day timeline for a deferral.

Commissioner Viera was not in support of extending the 30 day timeline for the deferral as it would arbitrarily violate the existing standard operating procedures.

Commissioner Anderson noted that the construction season was approaching and the additional time conditioned for the deferral may impact the development schedule.

Motion: Commissioner Viera made a motion to approve the 30 day deferral request; seconded, by Commissioner Misselhorn. The motion was approved viva voce vote 6 to 0.

Case No.. PZ 17-06 

Hold a Public Hearing and forward a recommendation to City Council on the request of Joseph & John Heinz to approve an Annexation Agreement for the property generally located north of W Route 150 and along the west side of Trigger Road. The property is identified as Parcel Identification No. 13-03-400-002 with an address of 8004 N Trigger Road, Edwards, Illinois. The Petitioner is proposing to annex .62 acres (Council District 5). Senior Urban Planner, Joshua Naven, Community Development Department, read Case No. PZ 17-06 into the record and presented the request. Mr. Naven provided the summary of the proposal and the Development Review Board analysis as outlined in the memo. The Development Review Board recommended APPROVAL of the request.

Mr. Naven read a letter into the record from Joseph Heinz outlining the purpose for the request. In summary, a leak in the Peoria Sanitary District contaminated Mr. Heinz’s well. Currently, Mr. Heinz hauls water from Dunlap. An annexation agreement with the City of Peoria was required by Illinois American Water in order to connect to water.

In response to Commissioner Misselhorn’s inquiry regarding the guidelines within the annexation agreement if the outside properties become contiguous with the city, Mr. Naven said the city will annex the property if the outside properties become contiguous with the city within twenty (20) years.

In response to Commissioner Viera’s inquiry, Mr. Naven confirmed the approval of the annexation agreement would solve the water issue for the homeowner as American Illinois Water required an annexation agreement, not an annexation.

Commissioner Viera expressed concern of the cause of the leak in the Greater Peoria Sanitary District (GPSD) sewage line and the cost of city utilities expended for the property that may not pay city taxes and utilities. Mr. Naven noted it was not uncommon to have an annexation agreement prior to the annexation acquisition. In response to Commissioner Misselhorn inquiry, Mr. Naven noted the property owner would not incur the cost of the construction of the water main on Trigger Road but will incur the cost of the water connection. With no further interest from the public to provide testimony, Chairperson Wiesehan closed the Public Hearing at 1:32p.m. Chairperson Wiesehan recused himself from the case due to a conflict of interest. Vice Chairperson Misselhorn proceeded as Chairperson.

Motion: 

Commissioner Anderson made a motion to approve the annexation agreement; seconded, by Commissioner Heard.

Commissioner Viera expressed concern for approval of annexations unless the petitioner may provide evidence the property would produce a net positive for the City of Peoria; however, Viera supported the request as it was unfair to withhold fresh water from a property owner.

Commissioner Heard supported the request and noted the request was generated by no fault of the homeowner.

Vice Chairperson Misselhorn supported the request and noted the importance for the commission to consider Viera’s concern for future annexation requests.

The motion was viva voce vote 5 to 0 with 1 abstention. Yeas: Anderson, Durand, Heard, Misselhorn, Viera – 5. Nays: None. Abstention: Wiesehan – 1. Chairperson Wiesehan resumed position as Chairperson.

Case No. PZ 17-07 

Hold a Public Hearing and forward a recommendation to City Council on the request of Kim Green for Bradley University to amend an Official Development Plan for Bradley University, Ordinance No. 13,361, as amended, to demolish Jobst and Baker Halls and add a new building along W Main Street on the parcel located at 1500 W Main Street (Parcel Identification No. 18-05-376-001), in a Class N-1 (Institutional) District, for the property commonly known as Bradley University and primarily bounded by Main Street, the alley east of Cooper Street, Bradley Avenue, Fredonia Avenue, Duryea Place, St. James Street, University Street, Bourland Avenue, Windom Street, and Garfield Avenue, Peoria, Illinois (Council District 2).

Senior Urban Planner, Shannon Techie, Community Development Department, read Case No. PZ 17-07 into the record and presented the request. Ms. Techie provided the summary of the proposal and the requested waiver, background of the subject property, and the Development Review Board Analysis as outlined in the memo.

The Development Review Board recommended APPROVAL of the request.

Gary Anna, Vice President of Business Affairs, thanked staff for presenting the request. Mr. Anna noted Kim Green, the Planning Assistant and the petitioner for this request, was present. Mr. Anna noted the transparency of the project and consequential few comments from neighbors. The proposed amendment to the Official Development Plan was consistent with the master plan in regard to the lighting plan, appearance, and parking. Mr. Anna noted the team hoped to begin construction in the summer of 2017.

Commissioner Misselhorn said the proposed development was a great addition to the community and Bradley University. Commissioner Misselhorn inquired if the petitioner agreed to staff conditions. Mr. Anna said he agreed to all of the conditions. Mr. Anna noted Condition No. 12 would be addressed as the development was further into the construction process. Chairperson Wiesehan supported the request and expressed his appreciation for Mr. Anna’s continued dedication to the university. Commissioner Viera supported the proposed development plan. Viera suggested softening the impact of the proposed (14) foot perimeter wall along Main Street, which could potentially be achieved through enhanced landscaping and aesthetics in this area. Viera noted the importance of the aesthetics along Main Street and the recent streetscape improvements by the city. Mr. Anna thanked Commissioner Viera for his comments regarding the 14’ wall and will consider his comments as they work through the project. With no interest from citizens to provide public testimony, Chairperson Wiesehan closed the Public Hearing at 1:56 p.m.

Motion: Commissioner Heard made a motion to approve the request with the waiver and conditions as presented; seconded by Commissioner Durand. 

Commissioner Misselhorn read the Findings of Fact for Official Development Plan. The motion was approved viva voce vote 6 to 0.

Case No. PZ 17-09 Hold a Public Hearing and forward a recommendation to City Council on the request of Terry Potter to rezone property from a Class R-3 (Single-Family Residential) District to a Class C-N (Neighborhood Commercial) District for the property identified as Parcel Identification Nos. 09-31-129-001 & -002 with an address of 2713 W Second Street, Peoria, Illinois (Council District 5). 

Senior Urban Planner, Joshua Naven, Community Development Department, read Case No. PZ 17-09 into the record and presented the request. Mr. Naven noted the presented request was the result of the withdrawal of Case No. PZ 17-04 as the petitioner preferred to rezone the property to CN (Neighborhood Commercial) rather than C-1 (General Commercial). Mr. Naven provided the summary of the proposal and the Development Review Board Analysis as outlined in the memo. 

The Development Review Board recommended APPROVAL of the request.

Mr. Naven reported staff requested the testimony provided at the February 2, 2017 commission meeting regarding Case No. PZ 17-04 in respect to sidewalk infrastructure be included into the record for Case No. PZ 17-09. The following testimony was provided at the February 2, 2017 commission meeting: 

Kevin Horwitz, a concerned citizen, requested the subject property provide a safe route, i.e. sidewalks, to Wilder-Waite School and to the Rock Island Trail. Mr. Horwitz noted the residents of Attingham Park are in the Wilder-Waite Elementary School District, in response to Commissioner Anderson’s inquiry.

In response to Commissioner Misselhorn’s inquiry, Mr. Naven noted the zoning would not be valid until the annexation occurred. In response to Commissioner Anderson’s inquiry, Mr. Naven reviewed a previous rezoning request with Wilder Waite Elementary School. 

Troy Pudik, representing the petitioner, noted a revised survey was concluded, which included two ROW vacations by Medina Township.

Abby Humbles, President of the Hunters Trail Homeowners Association, read a Petitioner for Action: Safe Crossing and Sidewalk: From Rock Island Trail across Alta lane to Wilder Waite School, located in Peoria County, Dunlap School District, into the record. As the President of the Ms. Humbles expressed safety concerns associated with the school adjacent to the restaurant with multiple entrances and exits and the lack of sidewalks and pedestrian connectivity.

Commissioner Misselhorn questioned the jurisdictional control.

It was determined (utilizing GIS) that Medina Township was the jurisdiction who oversaw the roads surrounding the subject property and Wilder Waite Elementary School.

Abbie Enlund, an interested neighbor, expressed concern for the pedestrian connectivity from Wilder Waite Elementary School to the Rock Island Trail. Ms. Enlund noted the installation of stop signs improved the safety at the intersection. Ms. Enlund requested the owner be required to provide pedestrian access to the business as it would provide a positive impact for the community and generate additional business for the restaurant.

Kevin Horwitz, an interested neighbor, echoed the testimony provided by Ms. Humbles and Ms. Enlund. Mr. Horwitz questioned the ability to condition the request to require the installation of sidewalks. Commissioner Durand questioned if the petitioner was aware of objections prior to the testimony provided.

Troy Pudik, noted the Medina Township Road Commissioner has been approached by the neighbors who are concerned about the installation of sidewalk infrastructure.

Mr. Naven noted the inability to condition the rezoning requests. Mr. Naven said he will include the comments and the petition in the memo to City Council.

Chairperson Wiesehan shared the concerns the neighbors presented during public testimony. Commissioner Viera expressed concerns of the planning of the roads and zoning in this subject area. Viera noted subject property was not city owned. Commissioner Misselhorn noted the request was to recommend if CN zoning was appropriate for the subject property if and when the property was annexed into the city.

Motion: 

Commissioner Anderson made a motion to approve the request; seconded, by Commissioner Misselhorn. Commissioner Misselhorn thanked Mr. Naven for agreeing to speak with the Peoria County Chairperson about the concerns raised by adjacent neighbors. Chairperson Misselhorn read the Findings of Fact for Rezoning. The motion was approved viva voce vote 6 to 0.

Citizen's Opportunity to Address the Commission

Kevin Horwitz, an interested citizen, expressed concern for the inability to condition rezoning requests. Mr. Horwitz noted if a request to establish a restaurant or business at 2713 W Second St., the development would be required to install sidewalks.

It was determined there was no further interest from citizens to address the Planning & Zoning Commission.

Adjournment 

Commissioner Misselhorn moved to adjourn the regularly scheduled Planning & Zoning Commission Meeting; seconded by Commissioner Heard. The motion to adjourn was approved viva voce vote 6 to 0. The Planning & Zoning Commission Meeting was adjourned at approximately 2:25 p.m.

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