Zoning Board of Appeals

CITY OF BELLEVILLE, ILLINOIS ZONING BOARD OF APPEALS June 25, 2020 Members: Rebecca Boyer Absent Tim Price Present Don Rockwell Present Andy Gaa Present Steve Zimmerman Present Mitoshia Scott Present (not present at Roll Call, but joined later) Dan Nollman, Chairman Present Staff present: Annissa McCaskill, Residential and Commercial Development Services Director Joel Glasscock, Planner and GIS Coordinator Aldermen present: Roger Wigginton-Ward 8, Scott Ferguson-Ward 3, Raffi Ovian-Ward 4 Public present: Ed Ott, Trudy Kendrick, Blake Johnson, Doug Martin, Alex Erbs, Ezekiel Fredericks, Phil Hubbard, Paige Elby The Zoning Board of Appeals (ZBA) meeting was held via phone conference at Belleville City Hall, Council Chambers, 101 S. Illinois Street, via the below access information: COMPUTER, TABLET, SMARTPHONE ACCESS AVAILABLE VIA: URL https://global.gotomeeting.com/join/228562301 TELEPHONIC ACCESS: DIAL 1 (872) 240-3311 ACCESS CODE: 228-562-301 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 July 6, 2020 City Council meeting. Chairman Nollman explained the emergency procedures. ➢ 12 – MAR20 – Sun Vest Solar, Inc: A request for a Special Use Permit to establish a Solar Farm Energy System (SFES) on a 40.25 acre “D-1” Light Industry District-zoned parcel on East State Route 15 (parcel number 08-35.0-400-011). (Applicable sections of the Zoning Code: 162.308, 162.430 - 162.433, 162.515) Ward 6 ➢ 13 – MAR20 – Sun Vest Solar, Inc: A request for an Area/Bulk Variance to permit a fence 1 foot in height above the allowed maximum of 6 feet on a 40.25 acre “D-1” Light Industry District-zoned parcel on East State Route 15 (parcel number 08-35.0- 400-011). (Applicable sections of the Zoning Code: 162.392, 162.570) Ward 6 Chairman Nollman stated that both cases 12-Mar20 and 13-Mar20 would be heard together but voted upon separately. Applicant and representative of Sun Vest Solar, Inc., Bill French, explained the request and referred to a PowerPoint that was submitted to the Board. Mr. French explained that the solar gardens would be maintained by Sun Vest Solar, Inc. He explained the details of how the operation would forego; such as current and proposed uses of the property, location of entries and exit ways, utility line placement, parking areas, and also mentioning the fence proposal is to allow for a seven (7) foot security fence without any sort of razor or barbwire top. Habitat, drainage, and land studies have been completed. Mr. French noted that studies show that solar farms or gardens do not negatively affect surrounding neighborhoods. June 25, 2020 Zoning Board of Appeals – MEETING MINUTES Board Member Steve Zimmerman asked for clarification on the land coverage; Mr. French explained they would be utilizing approximately twenty (20) acres for the project. The remaining acreage (approximately 20 acres) would continue to be used as the agriculture. Mr. French answered several questions regarding property boundaries, company experience, noise levels, and electrical connection. Board Member Don Rockwell asked who will maintain the vegetation; Mr. French answered that the vegetation will be maintained twice a year, one in mid-summer and once in the fall. There will be annual spot treating as well. Board Member Steve Zimmerman asked for the expected life of each panel; Mr. French answered that typically the panels will have a twenty-five (25) year warranty and lease on them, with two (2) five-year extensions. At the end of the lease term, the panels would be removed. There is also an agreement with the Department of Agriculture that states: if the project is not operating for at least twelve (12) months, Sun Vest Solar, Inc. is required to remove the facilities at that time. Annissa McCaskill, Residential and Commercial Development Services Director, noted that there will be a bond that is required at the time of construction. Should the company go out of business or they can’t live up to expectations, the bond will allow the City to remediate the site if necessary. Chairman Nollman asked when construction will begin; Mr. French explained their project was approved through the Illinois Power Agency (IPA), but those funds are no longer available. They anticipate more funds to be available in the fall; which means they will resubmit the project to the IPA around that time. Chairman Nollman asked for a stormwater plan for runoff; Mr. French answered that they will meet with City staff for review and planning. Ed Ott, owner of neighboring property, stated that he was not in favor or against the request but had questions and concerns. He stated that he would have to have his land surveyed which is an abutting property, he wanted to know who will keep the weeds cut around the fence, and he is concerned about “sight-seers.” He would like a fence installed and help with maintaining the road that he’s been maintaining for years. With no further discussion Chairman Nollman asked for a motion: 12-MAR20 – Sun Vest Solar, Inc: A motion was made to APPROVE the Special Use permit by Andy Gaa. It was seconded by Don Rockwell. The motion carried 6-0. 13-MAR20 – Sun Vest Solar, Inc: A motion was made to APPROVE the Area Bulk variance by Steve Zimmerman. It was seconded by Mitoshia Scott. The motion carried 6-0. ➢ 23 – MAR20 – Gladys Hayden: A request for a Special Use Permit to operate a Bed and Breakfast (Air BnB) at 41 South 86th Street (parcel number 07-02.0-203-012) located in an “A-1” Single-Family Residence District. (Applicable sections of the Zoning Code: 162.094, 162.515) Ward 8 Applicant Gladys Hayden explained that she would like to operate an Air BnB at the location. She is active military and would not always be at the property, but when she was home, the guests would be sharing the residential space with her. Board Member Mitoshia Scott asked if the Applicant resides on the property; Ms. Hayden answered that she currently lives at the location. Board Member Steve Zimmerman asked if the Applicant would remain living at the property, how many bedrooms are there, will she be serving breakfast, will guests stay more than one (1) night, will she complete the reservations and advertising herself; Ms. Hayden answered she plans on living at the residence, there will be two (2) or three (3) bedrooms available, guests will be staying over one (1) night at a time, and she will be utilizing the Air BnB website to advertise. June 25, 2020 Zoning Board of Appeals – MEETING MINUTES Board Member Don Rockwell asked if there are separate entrances for herself and the guests; Ms. Hayden answered that the guests and the Applicant will share entrances. The home will also be open to all the guests, but the bedrooms will be locked at the guest’s and homeowner’s discretion. Board Member Tim Price asked how many guests will be allowed to stay at one time; the Applicant stated that she has two (2) available bedrooms presently, but there is the option to make more bedrooms because of ample space. Board Member Steve Zimmerman asked if there is enough parking available for the number of occupants allowed to stay at one time; the Applicant hopes that there is enough room for the guests to park in the driveway. Ms. McCaskill stated that the property would have to pass inspections and meet the City’s Building Code if the Special Use was approved. Chairman Nollman asked if there was on-street parking available; the Applicant answered that there is on-street parking on one (1) side of the street. Alderman Roger Wigginton voiced concerns regarding guest and resident parking with the street being a dead-end with one-sided parking. He had further questions on the property becoming a “Boarding House” versus an “Air BnB.” He asked if any neighbors called City staff with concerns. Ms. McCaskill stated that just like a hotel owner being on the “honor system” with only allowing the maximum number of guests per room, an “Air BnB” owner would be held to that same standard. Joel Glasscock, Planner and GIS Coordinator, read aloud the definitions of a “Boarding House” and an “Air BnB” in the City’s Zoning Code. Alderman Roger Wigginton re-voiced his concern with the “honor system” if it is not upheld, parking issues, neighbors, and excess traffic. Alderman Scott Ferguson asked if the Applicant planned on residing at the property throughout the home being used as an Air BnB, would neighbors have a person to contact if there were noise level issues or any guest related issues; Ms. Hayden answered that she would be available to reach if she is here in town, but would make arrangements if otherwise detained. Alderman Raffi Ovian stated he is concerned about traffic; especially if emergency vehicles are trying to obtain access to the road. He also asked if the neighbors were informed of the request. Ms. McCaskill answered that the abutting property owners were notified per state statute. Chairman Nollman asked if there was currently enough parking for all guests; the Applicant answered that she was in the process of planning how to widen the driveway. With no further discussion Chairman Nollman asked for a motion: 23 – MAR20 – Gladys Hayden: A motion was made to DENY the Special Use permit by Steve Zimmerman. The motion failed for lack of a second. Andy Gaa made a motion to APPROVE the Special Use permit. It was seconded by Mitoshia Scott. The motion carried 5-1 with Steve Zimmerman voting “nay.” ➢ 24 – JUN20 – Golden Orchard LLC: A request for a Special Use Permit to establish a Planned Unit Development (PUD) zoning overlay in an “A-1(H) ” Single-Family Residence zoned district for Orchard Lakes Phase 2 Subdivision, lot numbers 56 – 58, 61 – 66, 68 – 77, 79 – 88, 90 – 94, 98 – 100, 102 – 104, and 106 – 119. Said PUD requests to increase the allowed maximum percentage of lot building coverage from 30% to 35%. (Applicable sections of the Zoning Code: 162.124, 162.050 – 162.057, 162.515) Ward 6 Applicant Steve Goldenburg, with Golden Orchard LLC, explained the request for a Special Use Permit to establish a Planned Unit Development (PUD) for Orchard Lakes Phase 2 Subdivision. Mr. Goldenburg explained that this request is the same as the previous request for Phase 1 that was approved by City Council. Board Member Tim Price stated that there was a slight increase in water detainment on the plans; Mr. Goldenburg explained that Thouvenot, Wade, & Moerchen, Inc. (TWM) completed an analysis and confirmed there were no issues to report. Board Member Steve Zimmerman asked if there was an increase in lot coverage to increase the value of product; Mr. Goldenburg answered, yes. June 25, 2020 Zoning Board of Appeals – MEETING MINUTES There was no one present to speak in favor or against the case. With no further discussion Chairman Nollman asked for a motion: 24 – JUN20 – Golden Orchard LLC: A motion was made to APPROVE the Special Use permit by Don Rockwell. It was seconded by Mitoshia Scott. The motion carried 6-0. ➢ 25 – JUN20 – Trent Overhue: A request for a Special Use Permit to operate a storage facility at 4201 North Belt West (parcel numbers 08-08.0-316-045, 08-08.0-316-050, and 08-08.0-316-052) located in a “C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 4 Applicant Trent Overhue explained the request stating that the business is a climate-controlled storage facility. It is a family-owned business that converts vacant “box stores” into storage facilities, with a hands-on, self-managed business. Board Member Steve Zimmerman asked if a market analysis was completed, will all the storage be restricted to just interior storage or will there be outdoor storage as well; Mr. Overhue answered that this sector of the City is under-served for climate-controlled storage. He stated that along with the inside storage, which is Phase I, he would also like to begin Phase 2 in which he would offer a “business incubation center”. The center would cater to small business owners and contractors who need a small, temporary space to conduct business. There are two (2) additional parking lots that may be used as retail in the future as well. Mr. Overhue spoke on placing security at the property with having an interior alarm system after hours with over fifty (50) security cameras installed. The storage facility will operate from 6:00am-10:00pm for their clients. Board Member Don Rockwell asked if the Applicant would be purchasing the property or leasing; Mr. Overhue stated that the purchase was contingent upon the Special Use permit being approved. Chairman Nollman asked for clarification on fence placement, will there be outdoor storage, and how many people will be employed; Mr. Overhue stated the facility is fully staffed and there will not be outdoor storage. Mr. Overhue explained that he would like to submit both requests of Phase 1 and Phase 2 so that he would not have to come back for approval of Phase 2. Ms. McCaskill stated that the applicant is requesting a Special Use permit to operate an indoor storage facility; the Applicant’s comments regarding “Phase 2” is referring to the outdoor paved parking lot that he would like to use for small structures to be utilized as a “business incubation center” where customers can conduct office work. Trudy Kendrick stated that her property is behind the business and she is concerned about the noise level with customers going in and out until 10:00pm. She asked if the hours could be 6:00am-8:00pm. She also asked if the new property owners would be responsible for the drainage ditch area. Blake Johnson stated that he is the property owner of the adjacent business which is also a storage facility, and he objects to the request because it would be detrimental to his storage facility business. Doug Martin stated that he owns storage facilities in the Metro-East area. He objects to the request because it would be detrimental to his storage facility business. He said that there are already storage businesses in the area that were approved to open first. Alex Erbs stated that he owns a storage facility in the area, and he agrees with the comments that were previously made by the other storage facility business owners. He stated that this area is becoming too saturated with storage facilities. Ezekiel Fredericks stated that he is against the request if the applicant’s do not maintain the vegetation and drainage ditch. Mr. Overhue stated that if the drainage ditch is on the property, he will maintain it properly. He is concerned that three (3) business competitors would choose to speak against his business. He stated that the “need” is there if there are that many storage facilities running at full capacity in the area. He said that there is very little use for the “big box” stores anymore; he reminded the Zoning Board members that he is offering different uses at his property as well, not just indoor storage units. He spoke on the business being family owned, with a hands-on approach to the property. June 25, 2020 Zoning Board of Appeals – MEETING MINUTES Chairman Nollman asked for clarification if the drainage area is included in the property purchase. The Applicant answered, yes. He also stated that this is a low-use business and he has never had a noise complaint at any of his properties. With no further discussion Chairman Nollman asked for a motion: 25 – JUN20 – Trent Overhue: A motion was made to APPROVE the Special Use permit by Steve Zimmerman. It was seconded by Andy Gaa with all present members voting aye, save Don Rockwell and Mitoshia Scott voting nay. The motion carried 4-2. ➢ 26 – JUN20 – Shalondria Simpson: A request for a Special Use Permit to operate an adult-use cannabis craft grower organization at 8955, 8956, 8973, 8974, 8991, and 8992 Bevo Court (parcel numbers 07-10.0-202-001, 07-10.0-202- 002, 07-10.0-202-003, 07-10.0-202-004, 07-10.0-202-005, and 07-10.0-202-006) located in a “D-1” Light Industry District. (Applicable sections of the Zoning Code: 162.308, 162.515) Ward 8 ➢ 27 – JUN20 – Shalondria Simpson: A request for a Special Use Permit to operate an adult-use cannabis transporting organization at 8955, 8956, 8973, 8974, 8991, and 8992 Bevo Court (parcel numbers 07-10.0-202-001, 07-10.0-202- 002, 07-10.0-202-003, 07-10.0-202-004, 07-10.0-202-005, and 07-10.0-202-006) located in a “D-1” Light Industry District. (Applicable sections of the Zoning Code: 162.308, 162.515) Ward 8 Chairman Nollman stated that both cases 26-Jun20 and 27-Jun20 would be heard together but voted upon separately. Applicant Shalondria Simpson explained her request stating that her company consists of four (4) pharmacists with over thirty-five years of experience. The cannabis will be grown in a warehouse using LED lighting, maintained by trained cannabis growers, and will be transported off-site to different manufacturing companies. The growing warehouse will have approximately eight (8) employees and they will also offer business office space on the remaining property not being used for growing. To remain compliant with the state of Illinois, security is required, as well as a lot of other “checks and balances.” Board Member Steve Zimmerman asked the Applicant several questions regarding cannabis and its uses, as well as the Applicant’s business plan; Ms. Simpson explained the use of the cannabis plant and how her company is involved with the growing and the transporting portion of the process. Ms. Simpson explained that a warehouse is more discreet for security purposes. Board Member Andy Gaa asked about the projected $6 million in City and State revenue; Ms. Simpson stated that in January 2020, the sale of recreational marijuana generated $7.3 million in tax revenue in one month and $3 million in sales tax in one month. Mr. Gaa asked if the Applicant will be offering retail sale of marijuana at the property; Ms. Simpson answered, no. Board Member Tim Price asked if the public would be able to tell what sort of operation is conducting business at the location if they’re driving down Highway 15; the Applicant answered, no, that is why they chose a warehouse instead of a greenhouse growing site; it’s more discreet. Board Member Don Rockwell voiced his concerns with recommending approval on the warehouses being placed at the entrance to Belleville; aesthetically speaking. Ms. McCaskill reminded the Board that the requests being heard were for the “use” of the site. The project will have to go through the Planning Commission process first which will decide what materials can be used, placement of buildings, etc. Ms. Simpson assured the Board that her buildings will be aesthetically pleasing. Ms. Simpson stated that per the State requirements, her business must work with a non-profit organization. She said that she looks forward to working with the community. She would like to bring African American citizens and police officers together with a few ideas regarding community outreach. Chairman Nollman asked for the hours of operation of the warehouse; Ms. Simpson answered that the hours will be 9:00am – 9:00pm with 24-hour security. Phil Hubbard, subject property owner, stated that this property has been for sale for eight (8) years. He believes the City needs the tax revenue and the site needs to be developed. Paige Elby, attorney for Kenny and Sherry Brown of KBR Performance, spoke against the request. Ms. Elby stated that her clients have concerns for the safety and security of the operation, their neighboring property may be subject to crime activity, increased traffic, June 25, 2020 Zoning Board of Appeals – MEETING MINUTES and their property may be mistaken for being a part of the cannabis operation. They are concerned for the future health of their business. Alderman Roger Wigginton asked staff what the business will be paying in annual license fees and projected revenue for the City. Ms. McCaskill stated that the annual license cost for a “craft grower” and “transporter” is $5,000.00 each. In addition, per City ordinance, Belleville established a tax of 3% for gross sale of cannabis. So, while this business is not a “retail business,” the City would collect tax on the sale of cannabis to the manufacturer. Alderman Wigginton asked the Applicant for their projected gross sales, what sort of trucks will be used for transporting, and what hours will the trucks be transporting; Ms. Simpson answered that because her business is new, she couldn’t give a definite answer on gross sales, but the monthly gross sales for a typical “craft grower” is $1 million, there will not be eighteen-wheeler trucks transporting the product but three (3) armored trucks once a day, and they will be hiring off-duty police officers for security detail. Ms. Simpson does not foresee any issues with surrounding neighbors. She also noted that the business can sell only to Illinois manufacturers. With no further discussion Chairman Nollman asked for a motion: 26-JUN20 – Shalondria Simpson: A motion was made to APPROVE the Special Use permit by Andy Gaa. It was seconded by Motishia Scott with all present members voting aye, save Don Rockwell and Tim Price. The motion carried 6-2. 27-JUN20 – Shalondria Simpson: A motion was made to APPROVE the Special Use permit by Andy Gaa. It was seconded by Motishia Scott with all present members voting aye, save Don Rockwell and Tim Price. The motion carried 6-2. Steve Zimmerman made a motion to ADJOURN, which was seconded by Tim Price. All members present voted in the affirmative. Chairman Nollman adjourned the meeting at 9:09 p.m. Respectfully submitted, Kari Owens, Interim Secretary Residential & Commercial Development Services Approved:____________________________________ Date:____________ June 25, 2020 Zoning Board of Appeals – MEETING MINUTES