Zoning Board of Appeals

CITY OF BELLEVILLE, ILLINOIS ZONING BOARD OF APPEALS January 23, 2020 Members: Rebecca Boyer Present Tim Price Present Don Rockwell Present Andy Gaa Present Steve Zimmerman Present Mitoshia Scott Present Dan Nollman, Chairman Present Staff present: Annissa McCaskill, Residential and Commercial Development Services Director Joel Glasscock, Planner and GIS Coordinator Amy Toenjes, Economic Development, Planning and Zoning Secretary Alderman Joe Hazel No Alderman Ken Kinsella No Alderman Carmen Duco Yes Alderman Jane Pusa No Alderman Scott Ferguson Yes Alderman Kent Randle Yes Alderman Raffi Ovian Yes Alderman Johnnie Anthony Yes 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 Yes Public present: Patrick Goeke, Rebecca Hartfield, Diane Erickson, Donna Sattamoshia, E Dean Jones, Gwen Vicari, Mary Theresa Hoffman, Grasie Bauer, Frank Bollinger, Deb Bollinger, Diane Wiel, Meredith Lucas, David Wiesen, Cheryl Mathews, Lynne Dibadj, Antonio Baxton, Cheryl Dawson, Rena Murphy, Charles Hulseman, Mary Ann Bauer, Eric Booth, Cheryl Booth, Elaine Watson, Paul Bauman, Stan Sidtes, Dolores Bayley, Kathy Wuller, Tom Wuller, Rashdi Bedwan, Janet Finnerty, Patricia Hargrove, TE Hargrove, Madelyn Gracie, Taya Baraueti, Sara Overfront, Ronnie Phillips, Terry Johnson 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 February 03, 2020 City Council meeting. Chairman Nollman explained the emergency procedures. Chairman Nollman asked if there were any corrections to be noted for the December 12, 2019, Zoning Board of Appeals meeting minutes. With no corrections, the minutes were approved by the Board. ➢ 01 – JAN20 – Ronnie Phillips: A request for a Special Use Permit for a liquor license for Space’s, an event space, at 207 East Main Street (Parcel numbers 08-22.0-334-023, 08-22.0-334-024) located in a “C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 2 Applicant Ronnie Phillips explained his request for a Special Use Permit for a liquor license for “SPACE’s”, an event space venue at 207 East Main Street. Hours of operation and the number of occupants would vary based on the type of event and group using the space. With no further discussion Chairman Nollman asked for a motion 01-JAN20-Ronnie Phillips: A motion was made to APPROVE in the name of the applicant only by Rebecca Boyer. It was seconded by Andy Gaa. The motion carried 7-0. ➢ 02 – JAN20 – R & J Liquor: A request for a Special Use Permit to operate a convenience store at 3901 North Belt West (Parcel number 08-08.0-318-034) located in a “C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 4 ➢ 03 – JAN20 – R & J Liquor: A request for a Special Use Permit for a liquor license for a liquor / convenience store at 3901 North Belt West (Parcel number 08-08.0-318-034) located in a “C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 4 Applicant Rashdi Bedwan explained his Special Use Permit requests to operate a convenience store and for a liquor license for a liquor / convenience store at 3901 North Belt West. Ms. Boyer asked if there would be any updates to the exterior of the store or if there would be new signage. Mr. Bedwan responded the only sign would be on the existing monument sign. Mr. Price asked what their hours of operation would be. Mr. Bedwan responded from about 9am to 12am. Chairman Nollman inquired about their security and lighting plans. Mr. Bedwan said security cameras will be placed inside and outside, and the off-street parking area will be lit all night. With no further discussion Chairman Nollman asked for a motion 02-JAN20-R&J Liquor: A motion was made to APPROVE in the name of the applicant only by Rebecca Boyer. It was seconded by Mitoshia Scott. The motion carried 7-0. 03-JAN20- R&J Liquor: A motion was made to APPROVE in the name of the applicant only by Rebecca Boyer. It was seconded by Don Rockwell. The motion carried 7-0. ➢ 04 – JAN20 – Antonio Baxton: A request for a Special Use Permit for a liquor license for Sip & Chew Express, a cafe / bar, at 124 West Main Street (Parcel number 08-21.0-443-044) located in a “C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 5 Applicant Antonio Baxton explained his request for a Special Use Permit for a liquor license for Sip & Chew Express, a café / bar, at 124 West Main Street. Ms. Boyer asked if the Applicant could further describe their business. Mr. Baxton said Sip & Chew Express serves sandwiches, breakfast, tea, coffee, and soda products. He continued to say they would like to offer beer and wine to their customers. Once they are fully open, their hours of operation would be from 7am to 9pm, Monday through Saturday. Chairman Nollamn asked when they expect to open full time. Mr. Baxton said sometime in late February. With no further discussion Chairman Nollman asked for a motion 04-JAN20- Antonio Baxton: A motion was made to APPROVE in the name of the applicant only by Steve Zimmerman. It was seconded by Tim Price. The motion carried 7-0. ➢ 05 – JAN20 – Patrick Goeke: A request for a Special Use Permit for a liquor license for Signature Spirits, a wine and whiskey lounge / store, at 2630 Mascoutah Avenue (Parcel number 09-30.0- 111-003) located in a “C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 7 Applicant Patrick Goeke explained his request for a Special Use Permit for a liquor license for Signature Spirits, a wine and whiskey lounge / store, at 2630 Mascoutah Avenue. Mr. Zimmerman asked for clarification on the liquor products they would be serving and their planned hours of operation. Mr. Goeke responded the business would be focused on specialty cocktails and bourbons. He continued to say they plan to operate the café component of their business from 7am to around 12am or 1am and the store portion from 10am to around 12am or 1am. Mr. Zimmerman asked if they will serve both packaged liquor and products for consumption on site. Mr. Goeke responded they would offer coffee in the mornings, spirit tastings, specialty cocktails to be consumed on site, and packaged liquor. Chairman Nollman asked if there would be any security upgrades and if food would be sold at their business. Mr. Goeke said there will be a total of seven (7) cameras covering the back door, front door, café, and store areas. He continued to say hot breakfast sandwiches and pastries would be offered in the morning from 7am to 2pm. Chairman Nollan asked for clarification on which units would be occupied by the business. Mr. Goeke clarified the business would be in suite 104 and suite 105, which would be connected by an interior door. With no further discussion Chairman Nollman asked for a motion 05-JAN20- Patrick Goeke: A motion was made to APPROVE in the name of the applicant only by Rebecca Boyer. It was seconded by Steve Zimmerman. The motion carried 7-0. ➢ 06 – JAN20 – MVAH Holding LLC: A request for a Special Use Permit to establish a multi-family residential development consisting of a club house and 16 multi-family dwellings with a combined total of 64 dwelling units at 1211 Frank Scott Parkway and 5705 Tamaroa Lane (Parcel numbers 08-05.0-301-002, 08-05.0-301-012) located in a “C-2” Heavy Commercial District (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 4 The MVAH Holding LLC Senior Vice President of Development, Hume An, explained their request for a Special Use Permit to establish a multi-family residential development consisting of a club house and 16 multi-family dwellings with a combined total of 64 dwelling units at 1211 Frank Scott Parkway and 5705 Tamaroa Lane. Mr. An said they have been building homes for over 25 years and have developed 6,000 units in 16 states. Their other properties in Illinois include one in Bloomington and one in Chicago which is ready for construction of a similar development. Mr. An then displayed examples of their past developments. He described the development site as being close to the Metrolink station, Memorial Hospital, bus transportation, and Abraham Lincoln Elementary School. Mr. An then displayed the four different styles of town homes that would be built, including one and two-story designs. The construction materials would be a combination of brick masonry and fiber cement boards. Mr. An stated he attended a community meeting with surrounding neighbors and was informed of a creek that runs along the north side of the subject site. He continued to say they will redesign the layout of the site to account for the creek. Mr. An then explained the project would create 50 construction jobs and two permanent jobs. The club house would include a media room, community room, fitness center, property management office, and an outdoor playground. The project would include 13 two-bedroom units and 51 three-bedroom units. Unit sizes would be approximately 1,200 sf for two-bedroom units and 1,400 sf for three-bedroom units. The two-bedroom units would require a household income of less than $21,000, seven of the three- bedroom units would require a household income of less than $24,390, and the remaining three-bedroom units would require a household income of less than $48,780. He continued to say that all occupants must pass a credit check and criminal background check, provide information on income and assets, and sign a one-year lease. Mr. An then gave examples of entry level jobs at Memorial Hospital that provide incomes at or below their household income requirements. Mr. An then explained that MVAH would own and manage the property for at least 30 years, there would be a part time property manager, and there would be a property service technician on call 24/7. Mr. An stated they are not requesting funds from the City of Belleville. He said they expect funding from the state to be awarded in June, construction to begin in April of 2021, and a 12 to 14-month construction period. Mr. Price asked if they intend to do anything with the wooded area on the site and if a traffic study has been completed. Mr. An stated they would like to retain the wooded area and that a parking assessment was completed to determine additional traffic counts. He continued to say a weekday morning would have 5 cars in and 20 out, and that a weekday evening would have an additional 20 in and 15 out. Mr. Rockwell asked for clarification regarding their on-site management hours. Mr. An stated there would be either a property manager or property services technician on-site at all times. Mr. Rockwell then asked for more information regarding site security. Mr. An stated there would be security cameras, electronic key fobs for access to the club house, and a fence to prevent children from going in to the creek. Mr. Price then asked if the Illinois Dept. of Natural Resources has been involved with the planning. Mr. An responded they have not reached that phase of the planning process. Chairman Nollman asked about the size of the proposed club house and how the key fob access will work. Mr. An responded the clubhouse would be about 4,000 sf, each key fob would be specific to an individual residential unit, and that access to the club house would be restricted to certain hours. Chairman Nollan then asked if their other developments have the same requirement as the subject development. Mr. An responded the income eligibility requirements are slightly different, but the background and credit check requirements would be the same. Chairman Nollamn asked if the parking spaces are expected to be adequate for the number of units and if parking is assigned to units. Mr. An said the proposed amount of parking spaces is in excess of spaces required by the Zoning Code and that spaces will not be assigned. Mr. Zimmerman asked for clarification regarding their state funding. Mr. An stated they have submitted their application and that the project is dependent on said state funding. Ms. Boyer then asked how they expect their development to effect surrounding property values. Mr. An referenced a study by the MacArthur Foundation which found there was either no effect or a slightly positive effect. He continued to say that one case resulted in a negative effect which was attributed to too high of a density. He then explained that the subject development had an appropriate density. Ms. Boyer asked if the funding was dependent on the number of units. Mr. An responded that the project has a low density relative to their other projects in areas with similar surroundings. Chairman Nollman then asked if the project is in School District 118. Ms. McCaskill, Director of Residential and Commercial Development Services, clarified the subject site is in School District 118 and District 201 for high school. Chairman Nollman then asked how many grade school and high school students are expected to reside in the development. Mr. An said they expect an average of 2 to 3 students in the three-bedroom units and 1 to 2 students in the two-bedroom units. He then said they contacted the school districts to discuss the project but did not receive a response. Chairman Nollman asked about their plans for lighting. Mr. An said they are happy to work with the City to satisfy their lighting requirements. Terry Johnson, a commercial real estate broker with Barber Murphy and representative of the subject property owners, spoke in favor of the request. He said this is the first group in five years that has been interested in the property and had a solid plan. He continued to say their density is very low with 5.4 units per acre. He then said they have been unsuccessful marketing the property for a commercial use. John Hoffman, a Turtle Creek resident and President of the Turtle Creek Home Owners Association (HOA), presented a letter (attached) speaking against the request on behalf of the Turtle Creek HOA, Carrington Place subdivision, and Sullivan Farms subdivision. Mr. Hoffman proceeded to read the letter for the record and for consideration by the Zoning Board of Appeals. Paul Bauman, a property owner to the west of the subject area, spoke against the request. Mr. Bauman stated the creek runs downstream to his property from the Sullivan Farms subdivision and that an engineer will need to review the project’s storm water management. Mr. Bauman then stated his concern the proposed development would further increase traffic congestion and increase litter. Meredith Lucas, a Turtle Creek resident, spoke against the request. Ms. Lucas stated her concern regarding water runoff in reference to a culvert that runs under Frank Scott Parkway to the subject site. She then voiced her concern regarding traffic safety, traffic volume, and the need of additional lanes for turning vehicles. She then stated her concern regarding the ability of the Post Office and City trash services to adequately serve the additional residential units. Gwen Vicari, a Turtle Creek resident, spoke against the request. Ms. Vicari stated her concern regarding the property management’s ability to maintain high quality standards. She then asked for information about the conditions of the Applicant’s existing developments. Eric Booth, a Carrington Place resident, spoke against the request. Mr. Booth stated he is based in real estate and explained his difficulty in selling homes that are located next to apartment developments. Mary Theresa Hoffman, a Turtle Creek resident, spoke against the request. Ms. Hoffman stated the exterior facade of the proposed buildings does not conform to the existing brick facades of homes in the surrounding area. Ms. McCaskill explained that income is not a factor of zoning; therefore, it will not be discussed. She then clarified that the Zoning Board of Appeals considers items such as land use, public health, and safety. Norm Pride, a Turtle Creek resident, spoke against the request. Mr. Pride stated his concern regarding the effect of the development on the creek at the rear of his property. Dwight Cox, a Sullivan Farms resident, spoke against the request. Mr. Cox stated his concern regarding increase in traffic volume and the need for turn lanes. He then explained there are issues with mine subsidence in the area. Specifically, they have had mine subsidence problems on their property which abuts the subject area. Elaine Watson, the President of Sullivan Farms HOA, spoke against the request. Ms. Watson stated her concern regarding traffic safety, pedestrian safety, increase of traffic volume, and deterioration of streets. Jim Davidson, a Turtle Creek resident, spoke against the request. Mr. Davidson stated that apartments are not appropriate for the area as the Belleville housing market already contains a high percentage of rental housing. He then said he is concerned with the ability of the property management to maintain the development with only one maintenance technician. Mr. Davidson then asked if Swansea has been contacted regarding their plans for the vacant land across Frank Scott Parkway. Ward 4 Alderman Raffi Ovian spoke against the request. Mr. Ovian stated his concern regarding traffic congestion and the need for turn lanes and traffic signals. He then explained the proposed development would result in having more rental units in Belleville than owner-occupied units. Ward 4 Alderman Johnnie Anthony spoke against the request. Mr. Anthony stated he is not in favor of the project based on the comments made by the surrounding community. 06-JAN20- MVAH Holding LLC: A motion was made to DENY the request by Steve Zimmerman. It was seconded by Rebecca Boyer. The motion carried 6-1. Mitoshia Scott made a motion to ADJOURN, which was seconded by Don Rockwell. All members present voted in the affirmative. Chairman Nollman adjourned the meeting at 8:20 p.m. Respectfully submitted, Joel Glasscock, Economic Development, Planning, & Zoning Department Approved:____________________________________ Date:____________