Peoria Standard

City of Peoria Planning & Zoning Commission met Sept. 3.

Here are the minutes provided by the commission:

A meeting of the Planning & Zoning Commission was held on Thursday, September 5, 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: George Ghareeb, Eric Heard, Edward Barry, Branden Martin, and Michael Wiesehan – 5. Absent: Theresa Koehler and Richard Unes - 2.

City Staff Present: Leah Allison, Julia Rose, Masum Perkins, Josh Naven, Jer’Rell Sprattling Jr., Max Walton, and Kerilyn Weick.

SWEARING IN OF SPEAKERS

Speakers were sworn in by Jer’Rell Sprattling Jr.

MINUTES

Commissioner Ghareeb moved to approve the minutes of the Planning & Zoning Commission meeting held on August 1, 2024; seconded by Commissioner Wiesehan.

The motion was approved unanimously by viva voce vote 5 to 0.

REGULAR BUSINESS

PZ 1974-2024

Hold a Public Hearing and forward a recommendation to City Council on the request of Mark Walton of Miller, Hall & Triggs, on behalf of Douglas Huff, to obtain a Special Use in a Class R4 (Single Family Residential) District for a Short-Term Rental, for the property located at 2530 W Sherman Avenue (Parcel Identification No. 18-07-179-003), 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 approval.

Representative of the petitioner, Mark Walton presented the case. Mark Walton stated the petitioner would comply with the conditions.

Chairman Heard opened the public hearing at 1:08 PM.

John Dace raised concerns about the proposal. Chairman Heard explained the process to Mr. Dace. With no further public testimony, the public hearing was closed at 1:10 PM.

Commissioner Martin read the Findings of Facts.

Motion:

Commissioner Wiesehan made a motion to APPROVE with conditions; seconded by Commissioner Ghareeb The motion was approved unanimously by viva voce vote 5 to 0.

PZ 1984-2024 Deferred

Hold a Public Hearing and forward a recommendation to City Council on the request of Lida and Daniel Scharfenberg, to obtain a Special Use in a Class R3 (Single Family Residential) District for a Short-Term Rental, for the property located at 4126 N Galena Road (Parcel Identification No. 14-26-203-020), Peoria, IL (Council District 3)

Senior Urban Planner, Kerilyn Weick, Community Development Department, read the case into the record. Staff met with the applicant’s representative who is present at the meeting and request deferral to obtain additional information from the applicant.

Chairman Heard opened the public hearing at 1:10 PM.

With no public testimony, the public hearing was closed at 1:10 PM.

Commissioner Martin read the Findings of Facts.

Motion:

Commissioner Wiesehan made a motion to DEFERR; seconded by Commissioner Ghareeb The motion was approved unanimously by viva voce vote 5 to 0.

PZ 1993-2024

Hold a Public Hearing and forward a recommendation to City Council on the request of Lauren Wieland of Lauren Wieland Properties LLC, for Shasta Mcculla, to obtain a Special Use in a Class R4 (Single Family Residential) District for a Short-Term Rental, for the property located at 1412 E Lake Avenue (Parcel Identification No. 14-27-201-013), Peoria, IL (Council District 3)

Senior Urban Planner, Kerilyn Weick, Community Development Department, read the case into the record and summarized the request. The Development Review Board recommends denial of the request for a short term rental due to proximity with a previously approved special use short term rental. The subject location does not meet the performance standard adopted by City Council that there be a minimum 1,500-foot separation between special use short term rentals.

Commissioner Wiesehan questioned if the applicant was made aware of the standard. Ms. Weick stated that the applicant was informed and is requesting a waiver for that standard.

Lauren Wieland, petitioner, presented the case as the property manager. Ms. Wieland stated she understood the waiver request.

Chairman Heard opened the public hearing at 1:26 PM.

With no public testimony, the public hearing was closed at 1:26 PM.

Commissioner Martin read the Findings of Facts.

Motion:

Commissioner Wiesehan made a motion to DENY; seconded by Commissioner Barry The motion to deny the request was approved unanimously by viva voce vote 5 to 0.

SUBD 1994-2024

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)

Senior Urban Planner, Josh Naven, Community Development Department, read the case into the record and summarized the request. The Development Review Board recommends approval with waivers and staff recommended conditions:

1. A drainage note stating: “Property Owners in this subdivision may not participate in the City of Peoria’s Drainage Assistance Program.”

2. This parcel is located on a designated stream buffer. It shall be shown on the plat and marked in the field as required in the City’s Stream Buffer Ordinance.

3. 3. Front and rear yard setback lines shall be placed on the plat.

4. The preliminary plat shall include:

a. The name and address of the subdivider and owner

b. Topography by contours at vertical intervals of two feet or less except when a greater interval is required because of terrain.

5. A private road is noted on the construction sketch but not on the preliminary plat. A private road should be shown on the plat and atypical section should be provided for review.

6. Condition for the private street proposal that no private street maintenance agreement is required until additional development occurs on the parcels to the east of the township line.

7. Condition for the private street proposal to act as a driveway for the new proposed residence until additional development occurs on the parcels to the east of the township line.

Commissioner Wiesehan stated the preliminary plat presented wasn’t included in the commission’s packet. Mr. Naven explained the preliminary plat was just provided.

Petitioner, Monica Calugar, presented the case. Ms. Calugar mentioned that when she bought the property, it was split into two parcels for tax purposes. Ms. Calugar stated the private road wasn’t part of her original plans, but thanked City Staff for recommending it and is willing to add that private road.

Chairman Heard opened the public hearing at 1:40 PM.

With no public testimony, the public hearing was closed at 1:40 PM.

Commissioner Martin read the Findings of Facts.

Commissioner Wiesehan questioned why four new parcels are being created on two different properties. Mr. Naven explained that the four parcels are being created due to the School District Tax Boundary which will not allow the new parcels to be combined.

Motion:

Commissioner Wiesehan made a motion to APPROVE with waivers and conditions as amended (#7 Condition for the private street proposal which may act as a driveway for the new proposed residence until additional development occurs on the parcels to the east of the township line); seconded by Commissioner Ghareeb

The motion was approved unanimously by viva voce vote 5 to 0.

PZ 2001-2024

Hold a Public Hearing and forward a recommendation to City Council on the request of the State of Illinois Department of Transportation to approve an Annexation Petition and Annexation Agreement with a request to rezone to Class I1 (Industrial/Business Park) for the property located at 6500 W Route 150. The subject property is identified as Parcel Identification No. 13-10-100-014, Edwards, IL (Council District 4)

Assistant Community Development Director, Leah Allison, Community Development Department, read the case into the record and summarized the request. The Development Review Board recommends approval.

Commissioner Wiesehan questioned if the city would get real-estate tax of the annexation and provide 100% of stormwater to IDOT. Ms. Allison explained that IDOT would get a 100% credit for the stormwater utility fee.

The petitioner was not present.

Chairman Heard opened the public hearing at 1:50 PM.

Eugene Nelson expressed concern for future annexation of his adjacent property. With no further public testimony, the public hearing was closed at 1:50 PM.

Motion:

Commissioner Barry made a motion to APPROVE the annexation; seconded by Commissioner Ghareeb The motion was approved unanimously by viva voce vote 5 to 0.

Motion:

Commissioner Barry made a motion to APPROVE the rezoning; seconded by Commissioner Ghareeb The motion was approved unanimously by viva voce vote 5 to 0.

PZ 2005-2024

Hold a Public Hearing and forward a recommendation to City Council on the request of Noah Benckendorf of Benckendorf & Benckendorf on behalf of Mark Larson of Powercat Speedway, LLC to approve an Annexation Petition and Amendment to Annexation Agreement, including a Preliminary Subdivision Plat, to rezone property from a Class R3 (Single Family Residential) District to a Class C1 (General Commercial) District, and to obtain a Special Use for Outdoor Recreation for the property located east of Orange Prairie Road, south and west of IL Route 91 and addressed as W Grange Hall Rd. The property is also identified as Parcel Identification Nos. 08-35-100-042 and part of 08-35-100-023, Dunlap, IL (Council District 4)

Commissioner Barry recused himself from vote due to a professional relationship.

Assistant Community Development Director, Leah Allison, Community Development Department, read the case into the record and summarized the request. The Development Review Board recommends approval of the proposed Annexation Agreement, rezoning to Class C1 (General Commercial) and Special Use for Outdoor Recreation

Ms. Allison distributed a revised annexation agreement which addressed some of the following conditions of approval:

Annexation Agreement

1. Revise the annexation agreement to reference the previously approved annexation agreement. Completed

2. Revise the annexation agreement to reference a preliminary plat to subdivide the proposed annexed property from the larger parcel. Completed

3. Add Exhibit B to the annexation agreement for the site plan. Completed

4. Provide attachments as reference in Paragraph K of the annexation agreement.

5. Revise Paragraph O of the annexation agreement to state the height limitation of 40 feet. Completed

Special Use for Outdoor Recreation

1. A complaint final landscaping plan (per Section 8.2) must be submitted and approved prior to issuance of building permits.

2. All rooftop and ground level mechanical equipment must be screened from street view and residentially zoned districts

3. All proposed refuse disposal areas must be screened on all four sides by a solid fence or wall with a minimum height of six feet, not to exceed seven feet.

4. The sire must adhere to all requirements of Site Lighting (per Section 8.5).

5. Compliance with all Fire and Building Codes.

6. Final site plans, elevations, and building materials shall be submitted to the Zoning Administrator for review and approval through an administrative review process prior to the building permit issuance.

7. Waiver to allow light poles at a height of 40 feet adjacent to the cart tracks noted on the site plan.

8. Sound Restriction: The site shall comply with the Maximum Permitted Sound Levels described in Section 15- 68(a) of the Peoria City Code to the unlicensed motorized recreational vehicles that are utilized on the Property. The sound level shall not exceed 85 decibels measured at a distance of 50 feet from the property line in the direction of the affected property owner and shall be measured at an elevation of 48” above grade. If the Maximum Permitted Sound Level is exceeded, the Owner has 10 days after notification to comply with the sound levels described in Peoria City Code Section 15- 68(a). If the Owner fails to comply within 10 days of notification, the vehicles attributed to the sound level excess will not be allowed to operate until it is confirmed by the Zoning Director that modifications were completed, and the sound levels are in compliance.

Chairman Heard questioned if the area in shaded green (located on the northern parcel) would have any future development plans. Ms. Allison stated that the site plan does not show any development at this time.

Petitioner, Noah Benckendorf presented the case. Mr. Benckendorf explained that the green shaded area being presented was the driveway specific to that plan, since Mr. Larson hadn’t owned the property in other plans. Mr. Benckendorf stated the retention pond was moved into the green area, but on the previous plan was moved up to the highest point on the property and realized due to functionality purposes it wouldn’t work, so it was moved lower. Mr. Benckendorf explained some parking was squeezed in the green area so it could meet the requirements from the County and City of Peoria. Mr. Benckendorf stated that future development of the parcel includes plans of a possible subdivision which consists of 4 ½ acres of land that needs to be annexed.

Chairman Heard opened the public hearing at 2:14 PM.

Linda Wiesehan expressed concern for noise and the potential impact to her residence and dogs at the nearby veterinarian clinic.

Nathan Miller expressed concern for the expansion of commercial zoning, hours of operation for the recreational facility, access onto Route 91 and traffic.

Tom Landen expressed concern for stormwater run-off.

Rick Heppner expressed concern reiterated concerns for noise and traffic.

With no further public testimony, the public hearing was closed at 2:25 PM.

Mr. Larson explained that access to the site is from Orange Prairie Road only. There will be no access to Route 91. The go karts would be on concrete surface and with light poles not to exceed 28 feet in height. Mr. Larson states no more than 12 go-karts will operate at one time and houses nearby are more than half mile away. He also stated that no alcohol will be served, and music will only be at mini golf. The facility will operate 11 am to 10 pm seasonally from April 1st – September 15th.

Public comment was re-opened at 2:29 PM.

Mr. Landen asked if the owner has had any previous business experience similar to this project. Mr. Benckendorf stated that Mr. Larson has no prior experience.

With no further public testimony, the public hearing was closed at 2:30 PM.

Commissioner Ghareeb questioned if traffic study was conducted. Ms. Allison stated that Public Works did not request a traffic study.

Motion:

Commissioner Wiesehan made a motion to APPROVE the annexation; seconded by Commissioner Ghareeb The motion was approved unanimously by viva voce vote 4 to 0, with 1 abstention.

Commissioner Martin read the Findings of Fact for Rezoning

Commissioner Wiesehan asked for clarification of zoning for the surrounding property and the future land use map designation.

Motion:

Commissioner Martin made a motion to APPROVE the rezoning, no second was given.

Commissioner Wiesehan made an alternate motion to DENY, seconded by Commissioner Ghareeb. The motion failed by viva voce vote 2 to 2, with 1 abstention.

Discussion continued on the zoning of the subject parcels and surrounding parcels.

Commissioner Martin made a motion to APPROVE the rezoning seconded by Chairman Heard. The motion was approved by viva voce vote 3 to 1 (Ghareeb), with 1 abstention.

Commissioner Martin read the Findings of Fact for a Special Use.

Motion:

Chairman Heard made a motion to APPROVE the special use; seconded by Commissioner Martin. Commissioner Wiesehan abstained from vote for the Special Use.

The motion was approved viva voce vote 2 to 1 (Ghareeb), with 2 abstentions

PZ 2007-2024

Hold a Public Hearing and forward a recommendation to City Council on the request of Ayodeji Ilori of Larkshades Multiservices LLC, to obtain a Special Use in a Class R4 (Single Family Residential) District for a Short-Term Rental, for the property located at 2018 W Kettelle Street (Parcel Identification No. 18-07-480- 002), 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 approval.

Petitioner, Ayodeji IIori presented the case.

Chairman Heard opened the public hearing at 3:02 PM.

With no public testimony, the public hearing was closed at 3:02 PM.

Commissioner Martin read the Findings of Facts.

Motion:

Commissioner Barry made a motion to APPROVE with conditions; seconded by Commissioner Martin The motion was approved unanimously by viva voce vote 5 to 0

CITIZENS' OPPORTUNITY TO ADDRESS THE COMMISSION

There were no citizen requests to address the Commission.

ADJOURNMENT

Commissioner Barry made a motion to adjourn; seconded by Commissioner Mar

https://il-peoria.civicplus.com/AgendaCenter/ViewFile/Agenda/_10032024-726