Peoria Standard

Peoria County Board Land Use Committee met Oct. 28.

Here are the minutes provided by the committee:

MEMBERS PRESENT: Paul Rosenbohm – Chairperson, Linda Daley – Vice Chairperson, James Dillon, Terry Ruhland, Sharon Williams, Matt Windish, Daniel Kelch, Eden Blair (via teleconference)

MEMBERS ABSENT:

OTHERS PRESENT: Jennie Cordis Boswell - State's Attorney's Office; Scott Sorrel, Shauna Musselman – County Administration; Heather McCord, Julie Kusturin – Finance; Andrew Braun - Planning & Zoning

Call to Order:

Mr. Rosenbohm called the meeting to order at 4:00 p.m.

Approval of Minutes:

A motion to approve the Land Use Committee minutes from September 23, 2024, was made by Ms. Williams and seconded by Mr. Ruhland. A vote was taken on the motion and carried. (7-0)

A motion to allow Dr. Blair to participate via teleconference was made by Ms. Daley and seconded by Ms. Williams. A vote was taken on the motion and carried. (7-0)

Budget:

Planning and Zoning

A motion to approve the proposed budget was made by Ms. Williams and seconded by Ms. Daley.

Mr. Sorrel gave an overview of the Planning and Zoning budget, highlighting the committee's oversight and its position within the organization's overall budget.

Mr. Rosenbohm asked if there were any questions.

Ms. Williams asked about the part-time plumbing inspector position and what the department’s plans were for 2025. Mr. Braun advised that the County has been using the Illinois Department of Public Health's state licensed inspector for services. No suitable part-time candidate has been found. Mr. Braun stated that in the future, if needed, the Department would come back before the committee to request contractual services to cover inspections.

Ms. Daley praised Mr. Braun’s leadership and budget management, commending his mindfulness of personnel and expenditures. Mr. Rosenbohm concurred.

A vote was taken on the motion and carried. (8-0)

Planning and Zoning Grant Fund

A motion to approve the proposed budget was made by Ms. Daley and seconded by Mr. Ruhland.

Mr. Sorrel gave an overview of the Planning and Zoning Grand Fund Budget. He advised that there are no revenues, other than interest income, from what is in the fund balance, and there are no expenditures recommended. Should Planning and Zoning be awarded a grant at some point in FY 25, they will come back with a budget amendment as part of that grant award.

A vote was taken on the motion and carried. (8-0)

Reports/ Other Minutes/Updates:

Tri-County Regional Planning Commission Minutes: No questions or comments. Unsafe Structures: No questions or comments.

Development Summary: No questions or comments.

Quarterly Strategic Plan Update: No questions or comments.

Mr. Rosenbohm motioned to receive and file the reports.

Zoning Cases:

ZBA-2024-066, Petition of Chad Zike

Ms. Daley made a motion to approve the special use request with restrictions and was seconded by Mr. Windish.

Mr. Braun advised that this is three special use requests all in one case. A Special Use as required in Section 20-7.3.2.3 of the Unified Development Ordinance, which requires that a Home Occupation in the “A-2” Agricultural Preservation Zoning District, must be conducted entirely within a dwelling or accessory structure.

Also, a Special Use request as required in Section 20-7.3.5.8 of the Unified Development Ordinance to vary from the requirement that no vehicle that exceeds a gross vehicle weight of 8000 pounds may be parked on the site of a home occupation, regardless of whether that vehicle is used for deliveries or other commercial purposes associated with the home occupation.

Also, a Special Use request as required in Section 20-7.3.5.9 of the Unified Development Ordinance to vary from the requirement that a Home Occupation allow only one vehicle and two trailers or pieces of equipment, which must be stored in a dedicated accessory structure.

The petitioner proposes to operate Big Z Trucking, a commercial materials delivery business, at this location. The subject parcel is located at 4823 S. Hathaway Ln. in Logan Township. He proposes the outdoor storage of one semi-truck and trailer with a combined gross vehicle weight of 73,280 pounds, one pickup truck with a gross vehicle weight of 26,000 pounds, one flatbed trailer with a gross vehicle weight of 16,000 pounds, and two skid steers. Materials such as gravel, dirt, and fill, will occasionally be stored at the property. The petitioner states that the semi leaves the subject parcel in the morning, loads product at terminals, delivers the product to customers, then returns to the subject parcel at the end of the day, where the vehicles and trailers would be stored outside, approximately 300 feet off the road, and out of site from the view of adjacent residential properties.

There are no consents and 3 objections on file. Objectors voiced concerns regarding dust, and road use, indicating the road was gravel until a few years ago, and that heavy vehicle traffic could result in damage to the road, causing accessibility issues. The Logan Township Road Commissioner objected to the request, indicating that due to the nature of the business, the road will not hold up to traffic, and recourse includes posting weight limits and/or returning the road to its previous gravel state.

In accordance with the 2024 IDOT Size and Weight Laws, the maximum weight limit for vehicles on all highways is 80,000 pounds unless posted. Mr. Zike’s proposal is less than 80,000 pounds. Hathaway Ln. is currently posted as a 16,000-pound road from February 15 through May 15. The petitioner has indicated he has secured an alternate location for his vehicles and equipment during this time frame and is aware of the proposed restriction that failure to abide by any posted weight limits will result in the Home Occupation being void.

Staff recommended approval with three restrictions:

1. The home occupation will need to review annually. The home occupation ceases if the resident moves from the property.

2. As part of the annual renewal, the Zoning Administrator shall verify that the home occupation continues to meet the standards set forth by the ordinance.

3. Failure to abide by any posted weight limits will result in the Home Occupation being void.

The Zoning Board recommended denial by a vote of 2-3, based on the road use concerns of the objectors.

Mr. Braun advised that the petitioner was present and stood for questions.

Mr. Ruhland asked if the request was in-line with others that have been granted in the past? Mr. Braun advised that major home occupations for trucking businesses are becoming more and more frequent, and this request is in-line with others. Mr. Braun added that a major home occupation is allowed in an ag district if you're on five or more acres. Mr. Zike is allowed to have a major home occupation; he was just unable to meet the three requests.

Mr. Windish advised that he has received several complaints, and he visited the site himself. He spoke to the Logan Township Road Commissioner and knows that the biggest concern is the road. However, Mr. Zike is within his legal grounds. Mr. Windish advised that he would support this request and asked that Mr. Zike respect the road weight limits.

Ms. Williams asked for clarification as to whether a yes vote was to approve or deny the request. Ms. Cordis Boswell advised that the resolution is drafted as an approval of the special use, therefore a yes vote would be an approval of the request, and a no vote would be to deny the request.

Mr. Kelch asked why a bond was not requested to protect the road. Mr. Braun stated that that would have been a negotiation between the petitioner and the road official, and he was not privy as to whether that conversation occurred. Mr. Windish stated that he spoke to the road commissioner and that road is posted. He added that everything Mr. Zike is doing is under that limit, and as long as he abides by the postings, he is okay with that. Mr. Ruhland added that he didn’t think there can be any fairness in asking for a bond from one user of a road but not from everyone else, and that anyone could damage that road. Mr. Windish stated that is occasionally done, but it's when the posted rating is exceeded.

Mr. Dillon stated that this was a good example of the benefits of having Mr. Kelch and Mr. Windish, as road commissioners, on the committee. He thanked Mr. Windish for going above and beyond for this case. Mr. Dillon advised that with the history of supporting these types of requests along with the fact that this is a one-year renewable home occupation, he would be supporting this request.

Ms. Cordis Boswell stated that she would be happy to answer any procedural questions on this since the committee is voting against the recommendation of the ZBA. The findings of fact come from the ZBA, but the committee’s vote can still be to approve the special use if it is believed that the findings support an approval.

Mr. Dillon clarified that his aye vote was based on the findings of fact along with the history of supporting these types of requests. He added that he did not see anything in the findings of fact that supported a denial.

A vote was taken on the motion and carried (8-0)

Resolutions

Bid 18-05-24, Demolition of Unsafe Structures

Ms. Daley made a motion to approve the resolution and was seconded by Ms. Williams.

Mr. Braun advised that this is a bid award for phase two of the demolition of unsafe structures under the Illinois Housing Development Authority Strong Community Programs. Earlier this year, we were able to knock down five unsafe structures. This bid is for an additional three homes at a total bid price of $44,449.83. The lowest responsible bidder is JIMAX out of Peoria. They were the vendor for round one. Mr. Braun added that these three properties have been listed on the unsafe structures report for a number of years, and it was only a matter of securing funding. Demolition orders have been secured with the assistance of the State's Attorney's office. The County will not absorb any maintenance cost, as the properties are not being purchased.

Chairman Rosenbohm asked how many unsafe structures had been demolished over the last 10-15 years and how many more still need to be demolished when funds become available. Mr. Braun advised that the list of properties to be demolished is a rolling list. As property owners or County Board members report a property, it is investigated. An unsafe structure is something that causes an imminent threat to the safety of the neighborhood. Historically there are probably 25 to 30 unsafe structures on the list. Demolition is funded by the County in the case of emergencies, but Planning and Zoning is proactively looking for grant dollars every single year. This program has been sustainable in that this is really the third round of funding through it. It was previously called the Abandoned Property Program.

Mr. Rosenbohm thanked Mr. Braun for his work in finding the grant funding and demolishing the dangerous and unsightly structures.

A vote was taken on the motion and carried (8-0)

Public Comment;

Mr. Braun advised that on November 7th, there will be an open house for the FEMA and National Flood Insurance Program Flood Maps. Peoria County has not had new flood maps since 1983. These new maps are digital flood maps that will have no jurisdictional boundaries. The open house will be November 7th from 4 to 7 PM at the Peoria Public Library Downtown Branch. There will be representatives from FEMA and the National Flood Insurance Program.

Miscellaneous:

Ms. Williams stated that Mr. Braun meets quarterly with the Limestone Township Supervisor, Limestone Township’s attorney, and herself, to discuss problem properties in the Limestone Township area. She thanked Mr. Braun for all the work he does in trying to correct those problems.

Adjournment: Mr. Rosenbohm adjourned the meeting at 4:24 p.m.

https://www.peoriacounty.gov/AgendaCenter/ViewFile/Agenda/_12022024-1689