Peoria Standard

City of Peoria Planning & Zoning Commission met Jan. 4.

Here are the minutes provided by the commission:

A meeting of the Planning & Zoning Commission was held on Thursday, January 4, 2024, 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: Branden Martin, Edward Barry, Theresa Koehler, Richard Unes, George Ghareeb, Eric Heard, and Mike Wiesehan – 7. Absent: None.

City Staff Present: Leah Allison, Kerilyn Weick, Josh Naven, Julia Rose, and Grace Burgener.

SWEARING IN OF SPEAKERS

Speakers were sworn in by Grace Burgener.

MINUTES

Commissioner Barry made a motion to approve the minutes of the Planning & Zoning Commission meeting held on November 2, 2023; seconded by Commissioner Ghareeb.

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

REGULAR BUSINESS

SUBD 1618-2023 – Deferred

Hold a Public Hearing and forward a recommendation to City Council on the request of Serena Page of TWM, Inc., on behalf of Monica Calugar, to approve the Calugar Subdivision with waivers for the properties located at 9310 N Frye Road, (Parcel Identification Nos. 09-32-478-008 and 09-33-351-012), Peoria IL (Council District 5).

Chairman Heard stated that the petitioner has requested a deferral to the next regularly scheduled meeting.

Motion:

Commissioner Koehler made a motion to defer to the next regularly scheduled meeting; seconded by Commissioner Wiesehan.

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

PZ 1583-2023

Hold a Public Hearing and forward a recommendation to City Council on the request of Jon Taber of Olsson, on behalf of Corey Hacket of Seneca Companies, to rezone property from a Class R-3 (Single Family Residential) District to a Class C-1 (General Commercial District) for the property located at 3616 N Sheridan Road (Parcel Identification No. 14-28-301-004), Peoria IL (Council District 2).

Assistant Director, Leah Allison, Community Development Department, read the case into the record and summarized the request to rezone.

The Development Review Board recommends denial of the request due to impact of commercial zoning immediately adjacent to a residential neighborhood. Additionally, vehicle access is limited to Sheridan Road which may significantly increase traffic congestion with a commercial use. The Future Land Use map designation for this property is residential.

Corey Hacket, petitioner, was present and provided additional information on the development, including buffer zones, egress routes, and a privacy fence.

Chairperson Heard asked the petitioner if a traffic study was conducted.

Mr. Hacket responded yes but added that he does not have the data with him today.

Discussion was held between Mr. Hacket, Chairperson Heard, Commissioner Ghareeb, and Commissioner Unes about ongoing and future conversations with the Illinois Department of Transportation (IDOT). Mr. Hacket stated that preliminary conversations were initiated and will continue upon approval of the subject request.

Chairperson Heard inquired on the hours of operation for the car wash and the gas station. Mr. Hacket said the hours of operation for both services are currently undecided. Chairperson Heard opened the public hearing at 1:13 pm.

Daniel Renick, on behalf of the North Florence Neighborhood Association, objected to the request.

Frank Rezac objected to the request based on the potential safety concerns associated with an increase in traffic.

Ann Winget objected to the request.

Bob Kessener objected to the request due to the concern of increased litter from the cars and the convenience store in general.

Eric Hutchinson objected to the request based on the high number of existing car washes in the city and within a mile radius of the proposed site. Mr. Hutchinson added that he enjoys several hobbies that would be disrupted by an increase in traffic, including riding his bicycle and talking walks in the neighborhood.

Connie Higgins objected to the request based on concerns of increased foot traffic, crime, and light pollution.

Mary Hues objected to the request.

Director Allison passed out a petition to the Commission (Exhibit 1).

Mr. Hacket responded to public testimony by clarifying their willingness to forgo the car washing service if it becomes detrimental to their request. Mr. Hacket added that engineered studies are conducted to ensure minimal light pollution and distraction.

Commissioner Unes asked the petitioner if they have contacted any of the Neighborhood Associations. Mr. Hacket responded no.

Chairperson Heard closed the public hearing at 1:36 pm.

Commissioner Martin read the Findings of Fact.

Motion:

Commissioner Unes made a motion to deny; seconded by Commissioner Wiesehan. Commissioner Wiesehan stated that he supports denial because of spot zoning.

Commissioner Unes agreed with Commissioner Wiesehan, adding that his perspective would change if the proposed location were different.

Commissioner Ghareeb stated that he supports denial due to a lack of community support for the request. Chairperson Heard agreed with all of the Commissioners, adding concerns of safety and traffic congestion. The motion was approved unanimously by a viva voce vote 7 to 0.

PZ 1609-2023

Hold a Public Hearing and forward a recommendation to City Council on the request of Jamar Hardin, on behalf of Tom Leiter, to obtain a Special Use in a Class B-1 (Central Business) District for a Class 2 Tobacco or Alternative Nicotine Product Sales Use for the property located at 311 Main Street (Parcel Identification No. 18-09-256-015), Peoria IL (Council District 2).

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

The Development Review Board recommends approval of the request to allow a Class 2 Tobacco or Alternative Nicotine Product Sales Use with the following conditions:

1. There shall be no retail or wholesale sale of cannabis or consumption of cannabis on the premises.

2. There shall be no electronic cigarettes sold on the premises, see the definition in Sec. 18-590

3. All Mechanical Units shall be screened pursuant to City Code Chapter 5, Section 301.

4. 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.

5. The proposed change of occupancy shall require submittal of the appropriate building permits with plans provided by a licensed design professional.

6. Any new signs shall be approved through a separate building permit process. Commissioner Wiesehan asked if liquor will be sold.

Commissioner Martin inquired on the enforcement mechanisms if the petitioner were to be granted the special use and subsequently violate conditions 1 or 2.

Mr. Naven responded to Commissioner Martin stating that enforcement would be handled through the Police Department.

Jamar Hardin, petitioner, was present and clarified that there will be no electronic cigarettes sold on the premises, no cannabis sold or consumed on the premises, and that he does not intend to sell or serve alcohol.

Chairperson Heard asked the petitioner if he agrees with the conditions.

Mr. Hardin responded yes.

Commissioner Ghareeb asked if there will be a surveillance system.

Mr. Hardin responded yes.

Discussion was held between Commissioner Wiesehan and Mr. Naven regarding the petitioner’s need for licensure from the State. Mr. Naven stated that Mr. Hardin will need to work with the State for the HVAC system as it must be separate from other tenants in the building, but otherwise no further licensing is needed as it is all assumed within the Building Code requirements.

Chairperson Heard opened the public hearing at 1:50 pm.

With no public testimony, Chairperson Heard closed the public hearing at 1:50 pm. Findings of Fact read by Commissioner Martin.

Motion:

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

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

PZ 1610-2023

Hold a Public Hearing and forward a recommendation to City Council on the request of Mike Law, on behalf of Zhen Slabaugh to obtain a Special Use in a Class C-1 (General Commercial) District for a Massage Parlor for the property located at 4410 N Knoxville Avenue (Parcel Identification No. 14-21-454-001), Peoria, IL (Council District 3).

Senior Urban Planner, Kerilyn Weick, Community Development Department, read the case into the record and summarized the request for a special use.

The Development Review Board recommends APPROVAL of the special use request with the following conditions:

1. Provide accessible parking spaces at a rate of 1 for every 25 off-street vehicle parking spaces.

2. Provide bicycle parking at a rate of 1 for every 25 off-street vehicle parking spaces.

3. Install dumpster enclosure(s) such that, all dumpsters, on the subject parcel, are screened on all sides from view of adjacent residential property and public right of ways.

4. All appropriate building and trade permits shall be obtained for the occupancy of the tenant space.

5. A sign permit shall be obtained for the new exterior wall sign. Said sign shall adhere to the requirements of Section 8.3 of the Unified Development Code.

6. The use shall obtain and maintain a valid Bodywork Establishment license, pursuant to Chapter 18 of the City of Peoria Code.

Mike Law, petitioner, was present and asked for clarification on conditions 2 and 3. Ms. Weick clarified the process of obtaining a special use and the expectations that come with its approval. Commissioner Wiesehan suggested the petitioner discuss these conditions with the owner.

Additional discussion was held between Commissioner Wiesehan, Ms. Weick, and the petitioner regarding the property upgrades required for the special use.

Commissioner Koehler asked if there are existing special uses at this property.

Ms. Weick responded no.

Additional discussion was held between Commissioner Koehler and Ms. Weick regarding the conditions. Ms. Weick added that the Commission can recommend waivers for these conditions if they so choose.

Mr. Law stated their intent is to abide by the conditions but was not certain how to obtain the materials for the conditions, like a bike rack.

Commissioner Barry stopped the petitioner to clarify that this Commission is not in the bike rack business. Chairperson Heard opened the public hearing at 2:21 pm.

With no public testimony, Chairperson Heard closed the public hearing at 2:21 pm. Commissioner Martin read the Finding of Facts.

Motion:

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

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

PZ 1628-2023

Hold a Public Hearing and forward a recommendation to City Council on the request of James and Holly Bill to obtain a Special Use in a Class R-3 (Single Family Residential) District for a Short Term Rental for the property located at 5601 N University Street (Parcel Identification No. 14-17-382-006), Peoria, IL (Council District 2).

Urban Planner, Julia Rose, Community Development Department, read the case into record and summarized the request for a short term rental.

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 subject unit of the duplex.

5. Occupancy of the short term rental shall not exceed the standards set forth in the Building and Fire Code of four (4) total persons. Of the maximum occupancy allowed, no more than four 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.

8. Condition to remove all gravel along the driveway and return to grass.

9. Condition to repair/replace the driveway leading to the two-stall garage.

Commissioner Wiesehan asked if returning the gravel to grass is the only option. Ms. Rose responded that pavers could be used, too.

Commissioner Unes asked if this condition would exist if the gravel was landscaping rock. Ms. Rose responded that landscaping would need to be present in the rocks for it to be considered as such. Commissioner Unes asked if this condition would exist if there was no gravel and only dirt. Mr. Naven stated that we should discuss the subject conditions and not what could be. Commissioner Ghareeb said that it is a good point for discussion.

Mr. Naven stated that the Commission can recommend waivers.

James Bill, owner and petitioner, was present and stated that the gravel was installed because their driveway is used as a turn-around and eventually the grass lining the driveway turned to mud.

Chairperson Heard asked if the petitioner agrees to the conditions.

Mr. Bill responded yes.

Chairperson Heard opened the public hearing at 2:37 pm.

Jeremy Coers stated that he is not opposed to the request, but he is concerned given the proximity of the use and outdoor patio to his home.

Commissioner Wiesehan suggested the owner and Mr. Coers get in contact with one another to address any concerns.

Julia read a letter of public testimony (Exhibit 2).

Mr. Bill inquired on the potential delay of the special use if the condition has not yet been satisfied.

Mr. Naven stated that the special use is granted by City Council, but a license to operate is only issued through the Accounts Receivable Department after the conditions are satisfied.

With no further public testimony, Chairperson Heard closed the hearing at 2:43 pm. Commissioner Martin read the Finding of Facts.

Discussion was held between Commissioner Martin, Commissioner Unes, Commissioner Koehler, and Mr. Naven regarding the driveway/gravel conditions as well as the special use process in general.

Motion:

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

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

CITIZENS' OPPORTUNITY TO ADDRESS THE COMMISSION

There were no citizen requests to address the Commission.

ADJOURNMENT

Commissioner Unes made a motion to adjourn; seconded by Commissioner Ghareeb at 2:46 pm. The motion was approved unanimously by viva voce vote 7 to 0.

https://il-peoria.civicplus.com/AgendaCenter/ViewFile/Agenda/_02012024-561