Peoria Standard

City of Peoria Planning & Zoning Commission met July 7.

Here are the minutes provided by the commission:

A meeting of the Planning & Zoning Commission was held at 1:00 PM, at City Hall, 419 Fulton St., in Room 400 with Chairman Mike Wiesehan presiding and with proper notice having been posted.

ROLL CALL

The following Planning & Zoning Commissioners were present: George Ghareeb, Branden Martin, Edward Barry, Eric Heard, Robin Grantham, and Mike Wiesehan, Richard Unes – 7. Absent: 0.

City Staff Present: Josh Naven, Kerilyn Weick, Blake Eggleston, and Julia Hertaus.

SWEARING IN OF SPEAKERS

Speakers were sworn in by Julia Hertaus.

MINUTES

Commissioner Heard moved to approve the minutes of the Planning & Zoning Commission meetings held on June 2, 2022; seconded by Commissioner Ghareeb.

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

REGULAR BUSINESS

PZ 924-2022

Hold a Public Hearing and forward a recommendation to City Council on the request of Aaron Broomfield and Brittany Volkmar, to obtain a Special Use in a Class R-3 (Single- Family Residential) District for a Short Term Rental, for the property located at 1913 E Knox Avenue (Parcel Identification No. 14-26-302-009), Peoria IL (CouncilDistrict 3)

Senior Urban Planner, Kerilyn Weick, Community Development Department, read the case into the record and summarized the request for short term rental in a single-family dwelling. This would be the second short term rental in the quarter mile, 3% cap.

The Development Review Board recommends approval of the short-term rental, subject to the following conditions:

1. Remove the gravel surface in front of the property. Any work in the right-of-way requires a permit from the Public Works Department.

2. Fire extinguishers shall be installed according to the 2018 International Fire Code Chapter 9, Section 906.

3. Interconnected smoke alarms shall be installed according to the 2018 International Fire Code Chapter 9, Section 907.

4. Carbon monoxide detector shall be installed according to the 2018 International Fire Code Chapter 9, Section 915.

5. Additional dwelling units cannot be added to the single-family dwelling.

6. Occupancy of the short-term rental shall not exceed the standards set forth in the Building and Fire Code of three (3) total persons.

7. The owner shall obtain and maintain a valid Short Term Rental license from the City of Peoria and the owner shall pay Room Rental Use or Privilege tax to the City of Peoria.

8. An approved Special Use is valid for the Applicant only as identified on the special use application submitted to the Planning & Zoning Commission. An approved Special Use shall become null and void upon any change in ownership of the property which results in the removal of all prior applicants. Such change in ownership of the property will require a new special use application and approval.

Aaron Broomfield, owner and applicant, was present. He explained his want to provide an experience for those visiting the area which is why he wants to make this a short-term rental.

Chairperson Wiesehan opened the public hearing at 1:15 PM. There being no public comment, closed the public hearing at 1:16 PM.

Commissioner Unes asked about approved driveway materials.

Ms. Weick advised of the permitted materials listed in the Unified Development Code. Discussion was held that tar-and-chip material should be considered for use.

Discussion on the Findings of Fact was held.

Motion:

Commissioner Barry made a motion to approve with staff recommendations; seconded by Commissioner Ghareeb.

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

PZ 927-2022

Hold a Public Hearing and forward a recommendation to City Council on the request of McFarland Bragg for PCCEO, to amend an existing Special Use, Ordinance No. 14,108 in a Class R-4 (Single-Family Residential) District for an Early Childhood Center and fencing with waivers for the property located at 923 W Millman St and 1004 - 1006 W Butler St(ParcelIdentificationNos. 18-08-460-012; 18-08-460- 013; 18-08-460-014; 18- 08-460-015; 18-08-460-026; 18-08-460-027; 18-08-460-029; 18-08-460-030), Peoria IL (Council District 1)

Senior Urban Planner Josh Naven, Community Development Department, read the case into the record and summarized the request. The petitioner is proposing a 10-foot-tall chain link fence in prohibited yards. The Development Review Board does not object to the request for fencing with waivers with the following conditions:

1. Pedestrian connections to the public sidewalk shall be provided pursuant to Section 8.1.5.I. of the Unified Development Code.

2. Bicycle parking shall be installed pursuant to Section 8.1.6. of the Unified Development Code.

3. All parking areas shall adhere to the regulations from Section 8.1. of the Unified Development Code with respect to parking surface and handicapped & general parking striping and signage.

4. The site shall be required to adhere to all applicable development regulations, including landscaping, pursuant to the establishment of any vehicle parking within the fenced area or on undeveloped parcels and may require an additional amendment to the existing special use.

Charles White, petitioner, was present. White mentioned that the fence is for the safety of the children when outside. The existing fence was damaged by trees and deemed a safety hazard which prompted the tear down and this proposal.

Commissioner Grantham abstained from the vote.

Chairperson Wiesehan opened the public hearing at 1:29 PM. There being no public comment, closed the public hearing at 1:29 PM.

Discussion on the Findings of Fact was held.

Motion:

Commissioner Heard made a motion to approve with staff recommendations; seconded by Commissioner Martin.

The motion was approved by viva voce vote 6-0-1 (Abstention – 1)

Abstain: Grantham

PZ 928-2022

Hold a Public Hearing and forward a recommendation to City Council on the request of Steven Ringenberg to obtain a Special Use in a Class R-3 (Single-Family Residential) District for a Short-Term Rental, for the property located at 601 E Wilson Avenue (Parcel Identification No. 14-28-430-015), Peoria IL (Council District 3)

Senior Urban Planner, Kerilyn Weick, Community Development Department, read the case into the record and summarized the request. The 3% cap for a quarter mile radius allows up to 9 short-term rentals and this would be the second.

The Development Review Board recommends approval of the request for a short-term rental with the following conditions:

1. The driveway shall be replaced with an all-weather, dustless surface such as asphalt or concrete. Any work in the right-of-way requires a permit from the Public Works Department.

2. Fire extinguishers shall be installed according to the 2018 International Fire Code Chapter 9, Section 906.

3. Interconnected smoke alarms shall be installed according to the 2018 International Fire Code Chapter 9, Section 907.

4. Carbon monoxide detector shall be installed according to the 2018 International Fire Code Chapter 9, Section 915.

5. Additional dwelling units cannot be added to the single-family dwelling.

6. Occupancy of the short-term rental shall not exceed the standards set forth in the Building and Fire Code of four (4) total persons.

7. The owner shall obtain and maintain a valid Short Term Rental license from the City of Peoria and the owner shall pay Room Rental Use or Privilege tax to the City of Peoria.

8. An approved Special Use is valid for the Applicant only as identified on the special use application submitted to the Planning & Zoning Commission. An approved Special Use shall become null and void upon any change in ownership of the property which results in the removal of all prior applicants. Such change in ownership of the property will require a new special use application and approval.

Dacia Ringenberg, owner and applicant, shared all fire safety items listed in the conditions have been brought into compliance. The driveway is contracted to be done mid-late August

Chairperson Wiesehan opened the public hearing at 1:40 PM.

There being no public testimony, Chairperson Wiesehan closed the Public Hearing at 1:40 PM. Discussion on the Findings of Fact was held.

Motion:

Commissioner Ghareeb made a motion to approve; seconded by Commissioner Barry. The motion was approved by viva voce vote 7 to 0.

PZ 949-2022

Hold a Public Hearing and forward a recommendation to City Council on the request of Steve Kerr, on behalf of Marcellus Sommerville of Peoria Friendship House, to amend existing Use with Approvals as a Special Use with waivers in a Class R-6 (Multi-Family Residential) District and a Class R-8 (Multi-Family Residential) District for an existing Neighborhood Center to allow parking lot improvements, a new accessory storage structure and to add property to the boundary of the special use for the property located at 800 and 816 NE Madison Ave, 803 and 809 NE Jefferson Ave (Parcel Identification Nos. 18- 03-353-007, 18-03-354-001, 18-03-354-003, 18-03-354-012, 18-03-354-013) with the property to be added located at 724 and 814 NE Madison Ave, 801 and 815 NE Jefferson Ave, and 406 Wayne St (Parcel Identification Nos. 18-03-353-006, 18-03-354-002, 18-03-354-011, 18-03-354-014, and 18-03- 354-009), Peoria IL (Council District 3)

Senior Urban Planner, Kerilyn Weick, Community Development Department, read the case into the record and summarized the request. The Friendship House, under prior city code, has Use With Approvals granted. Under the current code, the applicant is requesting a special use with waivers and conditions. The request includes the addition of property to the Neighborhood Center.

The Development Review Board recommends approval of the request with the following conditions and waivers:

Conditions:

1. Submit a parking plan with two bicycle parking spaces and dimensions of parking spaces and access aisles for compliance with Section 8.1 Off-Street Parking and Loading.

2. Replace all non-ADA compliant sidewalks along property frontages.

3. Allow administrative approval for a fence, wall, landscaping, or combination thereof to provide a transitional buffer yard and parking lot perimeter landscaping for the west parking lot, at the corner of NE Madison Ave and Wayne St (Parcel No. 18-03-353-006 and -007).

4. New trees in the ROW must be a species approved by the Public Works Department.

5. For the property on the south side of the alley between Wayne Street and Morgan Street, existing landscaping conditions are accepted, until such lot or lots are developed, at which time, development shall include a landscaping plan. Expansion of the recreational use will be subject to buffering requirements.

6. Obtain a Certificate of Occupancy for Classroom use at 814 NE Madison.

7. Health services in the Neighborhood Center, may not expand beyond the four rooms (570 square feet) originally used for medical purposes at 800 NE Madison. No outdoor signage will be allowed for the health services without special use approval.

8. Any parking lot paving or resurfacing shall be completed by a contractor who is licensed and bonded with the City of Peoria.

9. Site improvements will require stormwater management in accordance with the City’s Erosion, Sediment and Stormwater Control Ordinance.

Waivers:

1. Waiver from the Transitional Buffer yard requirement to allow the existing 4ft tall chain link fence in lieu of a solid fence in the buffer yard of 816 NE Madison.

2. Waiver from sign standards for a Residential Special Use to allow continuance of the existing freestanding sign on the corner of 800 NE Madison Ave which may not exceed 24 square feet in area and 6 feet in height and to allow two wall signs consistent with existing sign sizes at 800 NE Madison Ave.

3. Waiver from building envelope standards to allow the setbacks of existing structures on 800, 814, and 816 NE Madison Ave.

Commissioner Ghareeb asked about the ownership of the property with a house on Wayne Street. Senior Urban Planner, Kerilyn, verified ownership of the house was other than the Peoria Friendship House.

Steve Kerr, applicant, spoke on the technical aspects of the site plan and the scope of work taking place. Property owner has discussed with the Public Works Department to be added to the sidewalk repair program. Mr. Kerr asked the commission to waive the condition to replace all non-ADA compliant sidewalks along property frontages and to waive the parking lot perimeter landscaping and transitional buffer yard requirements for the west parking lot, corner of NE Madison Ave, and Wayne St.

Marcellus Sommerville, CEO of the Peoria Friendship House, spoke on the impact the neighborhood center has on the community and the work they do.

Chairperson Wiesehan asked if Peoria Friendship House has discussed the proposal with the district councilman.

Mr. Kerr replied they intend to contact the councilman after the public hearing.

Chairperson Wiesehan opened the public hearing at 2:10 PM.

Reverend Barry Robinson, representing Warren Danz, asked for clarification that the request would not impact tenant access to adjacent property located at 404 Wayne St.

Ms. Weick read into the record a letter from Tim Herold in opposition to the request. Ms. Weick responded to questions in the letter that pertained to development review items.

Mr. Sommerville responded to questions in the letter regarding property maintenance and level of on-site services.

Commissioner Grantham suggested the applicant talk to the neighborhood association and adjacent property owner.

There being no public testimony, Chairperson Wiesehan closed the Public Hearing at 2:25 PM. Discussion on the Findings of Fact was held.

Motion:

Commissioner Grantham made a motion to approve as staff recommended, except for condition 3 and adding two waivers, seconded by Commissioner Unes.

1. Eliminate the parking lot perimeter landscaping requirement for the west parking lot, corner of NE Madison Ave and Wayne St.

2. Eliminate the transitional buffer yard requirement for the west parking lot, corner of NE Madison Ave and Wayne St.

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

PZ 950-2022

Hold a Public Hearing and forward a recommendation to City Council on the request of City of Peoria to amend Appendix A, the Unified Development Code relating to Cryptocurrency Mining & Data Centers.

Urban Planner, Blake Eggleston, Community Development Department, read the case into the record and summarized the request.

The Development Review Board recommends approval of the proposed text amendment.

Discussion was held on the proposed definition and what type of uses are included or excluded by the definition.

Commissioner Grantham left the meeting at 2:54PM.

Discussion was held on the land use impacts and characteristics of a typical data center.

Members of the commission asked staff to consider including the new use as a Special Use in the Class C-2 (Large Scale Commercial) district.

Chairperson Wiesehan opened the public hearing at 2:59 PM.

There being no public testimony, Chairperson Wiesehan closed the Public Hearing at 2:59 PM. Discussion on the Findings of Fact was held.

Motion:

Commissioner Barry made a motion to defer the case for 30 days; seconded by Commissioner Martin. The motion was approved unanimously by viva voce vote 6 to 0.

ELECTION OF OFFICERS

Commissioner Unes made a motion to have Chairperson Wiesehan remain chairman for the next year and to have Commissioner George Ghareeb serve as vice chairman. Commissioner Heard seconded. The motion was approved unanimously by viva voce vote 6 to 0.

Chairman Wiesehan asked that at the next meeting there be discussion on selecting a new chairman for the 2023-2024 term.

CITIZENS' OPPORTUNITY TO ADDRESS THE COMMISSION

There were no citizen requests to address the Commission.

ADJOURNMENT

Commissioner Ghareeb made a motion to adjourn; seconded by Commissioner Unes at approximately 3:03 PM.

The motion was approved unanimously by viva voce vote 6 to 0.

http://www.peoriagov.org/content/uploads/2020/03/07-07-2022-Minutes_FINAL_1659708506_add.pdf