Zoning Board of Appeals

Page 1 CITY OF BELLEVILLE, ILLINOIS ZONING BOARD OF APPEALS December 12, 2019 Members: Rebecca Boyer Present Tim Price Present Don Rockwell Present Andy Gaa Present Steven Zimmerman Present Dan Nollman, Chairman Present Mitoshia Scott Absent Staff present: Annissa McCaskill, Residential and Commercial Development Services Director. Amy Toenjes, Economic Development, Planning and Zoning Secretary Present: Present: Alderman Joe Hazel No Alderman Ken Kinsella No Alderman Carmen Duco No Alderman Jane Pusa No Alderman Scott Ferguson Yes Alderman Kent Randle No Alderman Raffi Ovian No Alderman Johnnie Anthony No Alderman Ed Dintelman No Alderman Shelly Schaefer No Alderman Chris Rothweiler No Alderman Mary Stiehl No Alderman Phil Elmore No Alderman Dennis Weygandt No Alderman Roger Wigginton No Alderman Roger Barfield No Public present: Bob Guller, Richard Wilburn The Zoning Board of Appeals (ZBA) meeting was held at Belleville City Hall, Council Chambers, 101 South Illinois Street. The meeting was called to order at 7:00 p.m. by Chairman Dan Nollman. Roll was called and a quorum declared. Chairman Nollman noted that all Zoning Board cases heard at this meeting would be considered at the December 16, 2019 City Council meeting. Chairman Nollman explained the emergency procedures. Chairman Nollman asked if there were any corrections to be noted for the October 17, 2019 Zoning Board of Appeals meeting minutes. With no corrections, the minutes were approved by the Board. ------------------------------------------------------------------------------------------------------------------------------------------------------------------  66 - DEC19 – Dale Sign Service, Inc. – A request for a Sign Installation Permit for Area of Special Control to install two freestanding signs at 521 – 525 West Main Street (Parcel numbers 08-21.0-424-016 and 08-21.0-424- 015) located in a “C-2” Heavy Commercial District. (Applicable sections of the Sign Code: 155.052, 155.053) Ward 2 Bob Guller, owner of the Richland Executive Plaza located at 521-525 West Main St., explained his request to install two signs. One sign will be placed at the North 6th Street vehicle entrance and the second sign will be placed at the West A Street vehicle entrance. The signs will stand 7 feet in height, have a 3ft x 4ft graphic area, display the name “Richland Executive Plaza”, and match the existing signage located on West Main Street. Rebecca Boyer inquired if the signage would be blocking the bike route signage, as indicated in one of the examples. Mr. Guller stated the sign would not block the bike trail or signage for the trail. With no further discussion Chairman Nollman asked for a motion. Meeting minutes ~ Zoning Board of Appeals, December 12, 2019  Page |2 66-DEC19: A motion was made to APPROVE by Rebecca Boyer. It was seconded by Don Rockwell. The motion carried 6-0.  67 – DEC19 – M Property Services, LLC: A request for a Sign Variance to allow a freestanding graphic and supporting structure to extend more than 20 feet above the ground, exceed 12 feet in graphic height and exceed 100 square feet in graphic area at 9434 South DeMazenod Drive (Parcel number 07-03.0-300-008) located in a “C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 155.028 (B)(3)(4)(5) Ward 8 Rich Wilburn of Kaskaskia Engineering represented M Property Services. Mr. Wilburn explained Zoom Convenience Stores is requesting to build a freestanding sign to extend 25 feet above the ground with proposed graphics of 14 feet in height. Mr. Wilburn explained the sign will be a Gulf sign with fuel pricing; in addition, an example of the sign was displayed in the Zoning Board Member Packet. With no further discussion Chairman Nollman asked for a motion. 67-DEC19: A motion was made to APPROVE by Don Rockwell. It was seconded by Steve Zimmerman. The motion carried 5-0-1, Rebecca Boyer recused herself.  68 – DEC19 – City of Belleville Zoning Code Amendment: A request for amendment of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Sections 162.233 (“C-1” Light Commercial District), 162.248 (“C-2” Heavy Commercial District), 162.263 (“C-3” Commercial District), 162.278 (“C-4” Commercial District), 162.308 (Light Industry District), 162.323 (Heavy Industry District) “Special Uses” with the addition of “Adult-Use Cannabis Dispensing Organizations; provided, they meet all the requirements of Chapter 123 (Adult- Use Cannabis)”.  69 – DEC19 – City of Belleville Zoning Code Amendment: A request for amendment of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Sections 162.308 (Light Industry District) and 162.323 (Heavy Industry District) “Special Uses” with the addition of “Adult-Use Cannabis Craft Grower Organizations; provided, they meet all the requirements of Chapter 123 (Adult-Use Cannabis)”.  70 – DEC19 – City of Belleville Zoning Code Amendment: A request for amendment of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Sections 162.308 (Light Industry District) and 162.323 (Heavy Industry District) “Special Uses” with the addition of “Adult-Use Cannabis Infuser Organizations; provided, they meet all the requirements of Chapter 123 (Adult-Use Cannabis)”.  71 – DEC19 – City of Belleville Zoning Code Amendment: A request for amendment of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Sections 162.308 (Light Industry District) and 162.323 (Heavy Industry District) “Special Uses” with the addition of “Adult-Use Cannabis Processing Organizations; provided, they meet all the requirements of Chapter 123 (Adult-Use Cannabis)”.  72 – DEC19 – City of Belleville Zoning Code Amendment: A request for amendment of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Sections 162.308 (Light Industry District) and 162.323 (Heavy Industry District) “Special Uses” with the addition of “Adult-Use Cannabis Transporting Organizations; provided, they meet all the requirements of Chapter 123 (Adult-Use Cannabis)”.  73 – DEC19 – City of Belleville Zoning Code Amendment: A request for amendment of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Section 162.323 (Heavy Industry District) “Special Uses” with the addition of “Adult-Use Cannabis Cultivation Organizations; provided, they meet all the requirements of Chapter 123 (Adult-Use Cannabis)”. Annissa McCaskill, Residential and Commercial Development Services Director, on behalf of the City of Belleville, explained each of the petitions represent different permitted uses under the proposed Adult-Use Cannabis ordinance. Ms. McCaskill further explained on December 16th City Council will consider amending Title XI of the City code of Ordinances by adding Chapter 123 (Adult-Use Cannabis), sections 123.001 through 123.017. This Ordinance is intended to regulate and supervise the operation of cannabis-related business in order to protect the health, safety and welfare of the City’s residents. Ms. McCaskill explained the Ordinance, which goes before City Council, will outline where each type of use Meeting minutes ~ Zoning of Appeals December 12, 2019  Page |3 related to Cannabis would be allowable in certain districts as a Special Use. This means any requests which meet the criteria would need to come before the Zoning Board of Appeals for public hearing and recommendation to City Council of the requested Special Use Permit. Ms. McCaskill outlined where each use will be permitted under the proposed Ordinance as Craft Growers, Infuser, Processing and Transportation Organizations being restricted to Light Industry and Heavy Industry Districts; Cultivation Organizations being restricted to Heavy Industry Districts; and Dispensing Organizations being restricted to Commercial and Industry Districts. Steve Zimmerman asked if these petitions follow other municipalities and state guidelines. Ms. McCaskill explained the Planner/GIS Coordinator, Joel Glasscock, worked with City Attorney Garrett Hoerner when creating the Ordinance Mr. Horner was able to obtain a model ordinance from the Illinois Municipal League (IML). Ms. McCaskill that advised throughout the state this ordinance model is being used by other municipalities and they are also requiring a Special Use Permit or Conditional Use Permit. Ms. McCaskill further explained there is a criterion from the State level for whom can come forward for licensure to operate a dispensary. Don Rockwell asked for clarification if approving these amendments places the restrictions upon these uses. Ms. McCaskill affirmed that he was correct. Otherwise, a Variance would be needed to operate. Ms. McCaskill added this is like the Solar Farm Uses or Adult Uses which have been approved in the past eighteen months and require applicants to come before the Zoning Board of Appeals and public notices be sent. In addition, another layer of licensure must be met through the City Clerk’s office after approval from City Council. Steve Zimmerman inquired how long the City License would be valid for. Ms. McCaskill stated one year. Mr. Rockwell asked if this is as restrictive as a liquor license. Ms. McCaskill stated it was more restrictive. With no further discussion Chairman Nollman asked for a motion. 68-DEC19: A motion was made to APPROVE by Steve Zimmerman. It was seconded by Andy Gaa. The motion carried 6-0. 69-DEC19: A motion was made to APPROVE by Steve Zimmerman. It was seconded by Rebecca Boyer. The motion carried 6-0. 70-DEC19: A motion was made to APPROVE by Steve Zimmerman. It was seconded by Tim Price. The motion carried 6-0. 71-DEC19: A motion was made to APPROVE by Steve Zimmerman. It was seconded by Rebecca Boyer. The motion carried 6-0. 72-DEC19: A motion was made to APPROVE by Steve Zimmerman. It was seconded by Andy Gaa. The motion carried 6-0. 73-DEC19: A motion was made to APPROVE by Steve Zimmerman. It was seconded by Tim Price. The motion carried 6-0. Rebecca Boyer made a motion to ADJOURN, which was seconded by Don Rockwell. All members present voted in the affirmative. Chairman Nollman adjourned the meeting at 7:22 p.m. Respectfully submitted, Amy Toenjes, Economic Development, Planning, & Zoning Department Approved:____________________________________ Date:____________ Chairman Nollman Meeting minutes ~ Zoning of Appeals December 12, 2019