Peoria Standard

City of Peoria Planning & Zoning Commission met Nov. 2.

Here are the minutes provided by the commission:

A meeting of the Planning & Zoning Commission was held on Thursday, November 2, 2023, at 1:00 PM, at City Hall, 419 Fulton St., in Room 400 with Chairman Eric Heard presiding and with proper notice having been posted.

ROLL CALL

The following Planning & Zoning Commissioners were present: Eric Heard, Theresa Koehler, Branden Martin, Edward Barry, George Ghareeb, and Mike Wiesehan – 6. Absent: Richard Unes – 1.

City Staff Present: Josh Naven, Julia Rose, Mas Perkins, and Grace Burgener.

SWEARING IN OF SPEAKERS

Speakers were sworn in by Grace Burgener.

MINUTES

Commissioner Wiesehan moved to approve the minutes of the Planning & Zoning Commission meeting held on October 5, 2023; seconded by Commissioner Martin.

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

REGULAR BUSINESS

PZ 1556-2023

Hold a Public Hearing and forward a recommendation to City Council on the request of Jessica Brejc and Lance Ibrahim, to obtain a Special Use in a Class R-3 (Single-Family Residential) District for a Short-Term Rental, for the property located at 1023 W Hudson St (Parcel Identification No. 14-29-454-024), Peoria, IL (Council District 2).

Urban Planner, Julia Rose, Community Development Department, read the case into the record and summarized the request.

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

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

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

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

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

5. Occupancy of the short term rental shall not exceed the standards set forth in the Building and Fire Code of six (6) total persons. Of the maximum occupancy allowed, no more than six adult guests may stay in the dwelling unit at any given time.

6. 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.

7. 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.

Jessica Brejc, owner and petitioner was present and stated that the intention is to utilize the property as a short term rental when it is not owner occupied.

Commissioner Wiesehan asked the petitioner where they currently reside and how often the subject property will be used as a short term rental.

Ms. Brejc responded that her current residence is in Colorado, and they plan to come back to visit Illinois every few months, during which the subject property will be owner occupied.

Chairperson Heard asked if they intend to use the subject property as a long term rental. Ms. Brejc responded no.

Chairperson Heard opened the public hearing at 1:10 pm.

Greg Metz asked the petitioner if this property will be used as an Air BnB.

Ms. Brejc responded yes.

With no further public testimony, the public hearing was closed at 1:12 pm.

Commissioner Martin read the Findings of Fact.

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 6 to 0.

PZ 1564-2023

Hold a Public Hearing and forward a recommendation to City Council on the request of James Croke, of Community Workshop and Training Center, Inc., on behalf of Peoria Forrest Hill Development Company, to amend an existing Special Use Ordinance No. 13,994, as amended, in a Class C-2 (Large Scale Commercial) District for a Shopping Center, to allow the parking of Class II Vehicles for the property located at 3225 N Dries Ln (Parcel Identification Nos. 14-29-352-005 & 14-29-376-036), Peoria, IL (Council District 2).

Senior Urban Planner, Josh Naven, Community Development Department, read the case into the record and summarized the request.

The Development Review Board recommends approval of the request to allow Class II Vehicle Parking (Trailer Parking: Maximum 5, Average 3) on the site. Any future development to the site may require improvements to the parking lot, landscaping, and mechanical screening to comply with code requirements.

Commissioner Wiesehan asked for clarification on Class II Vehicles.

Mr. Naven responded that Class II Vehicles are essentially anything other than passenger vehicles. Commissioner Wiesehan asked if the City is requiring the entire lot to be re-paved.

Mr. Naven responded not at this time given it is a minor request. Mr. Naven added that Code Enforcement may require the lot to be re-paved, and any future development will also require re-pavement.

Commissioner Wiesehan asked who is responsible for parking lot maintenance.

Mr. Naven responded the owner.

Discussion was held between Commissioner Ghareeb and Mr. Naven regarding the size of Class II Vehicles. Commissioner Ghareeb inquired about the intention of storing the vehicles on the subject property. Mr. Naven stated that he will let the petitioner elaborate on the intention of the request. Commissioner Koehler asked why the City is not requiring the lot to be re-paved.

Mr. Naven explained that this is a minor request and added that the Commission can condition parking lot re-pavement in their recommendation.

Jay Scholl, on behalf of petitioner, provided additional context on the scope of operations at the subject property. Mr. Scholl explained that they package and deliver parts to Caterpillar, but they need somewhere to store the trucks after loading and prior to delivery.

Chairperson Heard opened the public hearing at 1:27 pm.

With no public testimony, the public hearing was closed at 1:27 pm.

Commissioner Martin read the Findings of Fact.

Motion:

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

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

PZ 1574-2023

Hold a Public Hearing and forward a recommendation to City Council on the request of Roger Holzgrase, of Align Senior Living, on behalf of Leonard Schmillen, to obtain a Special Use in a Class R-4 (Single-Family Residential) for a Group Care Facility, for the property located at 1004 N Institute Pl (Parcel Identification No. 18-05-327-050), Peoria, IL (Council District 1).

Senior Urban Planner, Josh Naven, Community Development Department, read the case into the record and summarized the request.

The Development Review Board recommends denial of the request with 15 occupants and 2 staff due to noncompliance with the defined maximum individuals for a group care facility. Additionally, the applicant has stated no occupants will have vehicles, but the staff members will require parking as well as visitors and any service providers (e.g., Third-Party Healthcare & Personal Care Providers as stated by the applicant). There is no scope provided by the applicant for the total number of services that will be required for the 15 senior occupants of this facility. Parking for caregivers, visitors, and service providers will be limited to on street of Institute Place, which requires a parking permit, and on adjacent high volume Main Street which Staff does view as feasible and may create traffic congestion and unsafe conditions.

Chairperson Heard inquired about on-street parking availability.

Mr. Naven estimated there to be 5 spots between on- and off-street parking.

Discussion was held between Commissioner Wiesehan and Mr. Naven regarding on-street parking. Mr. Naven confirmed that parking passes are required for Institute Place and that visitors will be required to have a permit for temporary parking.

Commissioner Koehler inquired about the total number of parking passes allowed per property. Mr. Naven stated that Police would need to answer this question.

Commissioner Koehler inquired about parking on the side of the subject property.

Mr. Naven stated that there does not appear to be enough room for parking on the side of the subject property. Mr. Naven stated that there is one potential parallel parking spot, but the car may encroach on the right of way.

Chairperson Heard inquired about emergency vehicle accessibility.

Mr. Naven stated that the petitioner’s site plan does not show a loading area or access to the house for emergency vehicles.

Commissioner Ghareeb asked if the subject property was used as a Senior Living Facility prior to the request because internet search results show is listed and marketed as such.

Mr. Naven responded no, adding that the subject property was previously used as a Sorority House affiliated with Bradley University.

Discussion was held between Commissioner Koehler and Mr. Naven regarding the occupancy load of the property.

Leonard Schmillen, petitioner, was present and stated that he has nothing further to add. Chairperson Heard asked why they are interested in this property in particular.

Mr. Schmillen responded that the property is already laid out for multi-tenant living.

Mr. Naven followed up on the discussion regarding parking passes, stating that there is no maximum number of passes.

Discussion was held between Commissioner Koehler, Commissioner Wiesehan, and Mas Perkins, Assistant City Attorney, regarding parking passes.

Chairperson Heard opened the public hearing at 1:54 pm.

James Hinchee, President of the Uplands Residential Association, stated that the Residential Association conducted a neighborhood-wide survey in which 90% of residents stated opposition to group housing in the Uplands. Mr. Hinchee stated group housing is incompatible with the neighborhood and thus will have a de-stabilizing impact. Mr. Hinchee added that parking availability is also a concern.

Winter Walker objected to the request, stating concerns of parking, traffic congestion, and a potential increase in car accidents.

Mr. Naven read a letter of opposition from Christopher Summers (Exhibit 1).

Mr. Naven read a letter of opposition from Marissa Farrell Gould (Exhibit 2).

Mr. Schmillen stated that plans were adjusted to account for the parking issue and that they are open to any suggestions on improving the parking situation.

With no further public testimony, the public hearing was closed at 2:06 pm.

Commissioner Martin read the Findings of Fact.

Motion:

Commissioner Barry made a motion to deny the request based on staff recommendations; seconded by Commissioner Wiesehan.

Chairperson Heard expressed support for the City’s recommendation due to concerns of safety, accessibility, and the proposed occupancy load.

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

PZ 1492-2023 – Deferred from October Meeting

Hold a Public Hearing and forward a recommendation to City Council on the request of Camilla Rabjohns for Invictus Woods Inc., to obtain a Special Use in a Class R-4 (Single-Family Residential) District for a Group Care Facility, for the property located at 1018 N Parkside Dr (Parcel Identification No. 18-05-303- 018), Peoria, IL (Council District 1).

Senior Urban Planner, Josh Naven, Community Development Department, read the case into the record and summarized the request.

The Development Review Board recommends denial of the request with 9 occupants based on the following:

1. The Basement bedroom does not have egress per the City of Peoria Building Code.

2. Bedroom 3 is less than 120 sq. ft. in size and does not meet UDC Section 5.3.1.C.7. for minimum size per two occupants.

Camilla Rabjohns, petitioner, was present and stated that they will address the lack of egress in the basement if the request if approved. Ms. Rabjohns stated she has run three successful Sober Living Homes and that her intention is to help with the homelessness issue in the City. The petitioner provided 21 petitions in support of the request from neighbors of existing Invictus Woods homes (Exhibit 3).

Commissioner Ghareeb inquired on the success rate.

Ms. Rabjohns stated that the success rate is about 25%, adding that is a great figure for this disease.

Commissioner Wiesehan inquired about the reactions of the neighbors of existing Invictus Woods homes in the City.

Ms. Rabjohns stated that the neighbors and tenants get along just fine, adding that the surrounding homes have no issue selling and that she maintains all Invictus Woods homes.

Commissioner Ghareeb asked if there are any existing group care facilities within 600 feet of the subject property.

Mr. Naven responded no.

Commissioner Wiesehan asked if the City has received any complaints on the existing Incvictus Woods homes.

Mr. Naven responded none that he is aware of.

Chairperson Heard opened the public hearing at 2:22 pm.

Michael Eckhardt stated that his home is about 15 feet from the subject property. Mr. Eckhardt stated that Ms. Rabjohns has been responsive but expressed concerns about the tenants smoking in such proximity to his home as well as the number of proposed occupants.

Commissioner Wiesehan asked Mr. Eckhardt if he lives next door to the subject property and if it is currently in use.

Mr. Eckhardt responded yes to living next door and stated that it is currently being used by 3 individuals, but previously it was being used by 8-9 individuals.

Mr. Naven stated that there was enforcement action taken when the occupancy was 8-9 individuals and added that the violation was rectified.

Chairperson Heard asked Mr. Eckhardt about his experience with the 3 occupants.

Mr. Eckhardt responded good, adding that Invictus Woods has been responsive, and the individuals have been good neighbors.

James Hinchee, President of the Uplands Residential Association, on behalf of several neighbors, objected to the request Mr. Hinchee stated that group care facilities present a potential risk of de-stabilization to the neighborhood and that the circumstances of the Uplands are different than those at the existing Invictus Woods homes.

William Gilbert objected to the request, stating that transient living may discourage future buyers and that group care does not fit within the residential nature of the neighborhood. Mr. Gilbert added that the original plans for the neighborhood reject group care living.

Greg Metz expressed support of the request, stating that he has had good experiences with Ms. Rabjohns and the tenants alike while living near the Invictus Woods home on Circle Road.

Denise Skaggs, former Invictus Woods tenant and current House Manager of the Invictus Woods home on Circle Road, expressed support of the request. Ms. Skaggs stated that the homes provide individuals recovering from substance abuse disorders with the resources and support services and systems they need.

Jonathan Foster expressed opposition to the request, stating that he echoes the comments made by Mr. Gilbert.

Mr. Naven read a letter of opposition from Martha Willi (Exhibit 4).

Mr. Naven read a letter of opposition from Dan Newcomb (Exhibit 5).

Mr. Naven read a letter of opposition from Gregory Tomlin (Exhibit 6).

Mr. Naven read a letter of approval from Sage Cude (Exhibit 7).

Ms. Rabjohns reiterated that this is a necessary service for the community and added that the neighborhood is close to other services and resources (e.g., public transportation). Ms. Rabjohns stated that the comments made are reminiscent of the “not in my backyard” colloquialism.

With no further public testimony, the public hearing was closed at 2:55 pm.

Commissioner Martin read the Findings of Fact.

Motion:

Commissioner Koehler made a motion to deny the request based on staff recommendations; seconded by Commissioner Barry.

Commissioner Wiesehan asked if this case was deferred from the October meeting and if the property was being used as a Group Care Facility prior to the request.

Mr. Naven responded yes to both questions.

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

CITIZENS' OPPORTUNITY TO ADDRESS THE COMMISSION

There were no citizen requests to address the Commission.

ADJOURNMENT

Commissioner Wiesehan made a motion to adjourn; seconded by Commissioner Martin at approximately 3:00 PM.

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

https://il-peoria.civicplus.com/AgendaCenter/ViewFile/Agenda/_12072023-521