City of Belleville Zoning Board of Appeals Committee met Nov. 16.
Here is the minutes provided by the Committee:
Members: Rebecca Boyer Present
Tim Price Present
Don Rockwell Excused
Scott Ferguson Present
Toni Togias Present
Steven Zimmerman Present
Dan Nollman, Chairman Present
Staff present: Annissa McCaskill, Economic Development, Planning, & Zoning Director
Kari Tutza, Economic Development, Planning & Zoning Dept.
Joel Glasscock, Planner/GIS coordinator
Brian Flynn, Assistant City Attorney
Present Present
Alderman Joe Hazel No Alderman Ken Kinsella No
Alderman Mike Buettner No Alderman Jane Pusa Yes
Alderman Scott Tyler No Alderman Kent Randle No
Alderman Raffi Ovian No Alderman Johnnie Anthony No
Alderman Ed Dintelman No Alderman Shelly Schaefer No
Alderman Andy Gaa No Alderman Mary Stiehl No
Alderman Phil Elmore No Alderman Dennis Weygandt No
Alderman Roger Wigginton Yes Alderman Roger Barfield Yes
Public present: Ken Woodrome, Don Keck, Stacy Ruben, Rob Wurtz, Kim Wurtz, M.Dietz, Hattie Hayes, Joyce Johnston, Kenneth Reichert, Mike Koziatek, Lance Engle, Amber Johnson, David B., Ed Ratka, Gary Johnston, Andrew Willis, 3 illegible signatures.
The Zoning Board of Appeals 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 Nollman. Roll was called and a quorum declared.
Chairman Nollman noted that all Zoning Board cases heard at this meeting will be considered at the December 4, 2017 City Council meeting. Chairman Nollman explained the emergency procedures if needed.
Chairman Nollman asked if there were any corrections to be noted for the October 26, 2017 Zoning Board of Appeals meeting minutes. One (1) correction was made and the minutes were approved by the Board.
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The following cases were heard:
➢ 62-Nov17-Andrew at 1005 West Main Street & Erica (Parcel: Willis 08-21.0-328-020) - A request for a Special located Use in a Permit “ C-2” Heavy for re-establishment Commercial District. of multi-family (Applicable dwellings section of the Zoning Code: 162.248) Ward 2.
Applicant Andrew Willis explained the request stating that he has operated a successful barbershop in Belleville for thirteen (13) years. The current business is so successful that he needs the extra room that this location will allow. He will move the business to the proposed address, as well as use the second story dwelling as multi-family residential. The apartment has a side entrance with two (2) parking spaces available to the tenant.
Mr. Willis submitted pictures of the renovated residence, noting that he will be adding security cameras and lighting to the exterior of the property.
Annissa McCaskill reminded the Board that the request is not for the barbershop on the first floor, which is a permitted use; but for the dwelling to be used as multi-family residential on the second floor.
Alderman Pusa, Ward 2 spoke in favor of the request stating that she believes the business will be an asset to the area.
With no further discussion, Chairman Nollman asked for a motion. A motion was made by Rebecca Boyer to APPROVE the request. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 6-0.
➢ 64-Nov17-Clinton Tull - A two-fold request for a Use Variance to permit prolonged use of a temporary recreational vehicle at 715 Ann Street (Parcel: 08-27.0-141-018) located in an "A-1" Single-Family Residence District (Applicable sections of the zoning code: 162.027, 162.093, 162.094) and to permit use of said temporary recreational vehicle for storage. (Applicable sections of the Zoning Code: 162.093, 162.094) Ward 6
Applicant Clinton Tull explained the request stating that he purchased the vacant lot without knowing Belleville's zoning code requirements. Mr. Tull resides in St. Louis, MO; he would be using the lot to store his recreational vehicle. He stated that he was paying $80 a month in storage fees and wanted to purchase a lot so that he could use the lot for his storage purposes and save money. He said that he will use the lot for storage for a couple of years or until his children are no longer enjoying the recreational vehicle, he will then sell the lot and get a return on his investment. He stated that if the request is denied he'd be out $5,500.00.
He explained that he has mowed the grass and removed shrubbery for this use. He would like to have a utility pole erected for electricity in the future, as well as the possibility of placing a shed on the lot. He would store tools in the proposed shed.
Annissa McCaskill explained the definition of Mr. Tull's request of "prolonged use of a temporary recreational vehicle" as well as the "permitted uses" for "A-1" Single Family Residence District. She also explained the Board's right to place stipulations, if recommending approval, as they see fit.
The Board asked if security was installed. Mr. Tull answered that the neighbors keep him updated on the property.
With no further discussion, Chairman Nollman asked for a motion. A motion was made by Steve Zimmerman to DENY the request. It was seconded by Rebecca Boyer. All members present voted in the affirmative, save Tim Price who voted nay. The motion carried 5-1.
➢ 65-Nov17-Amber Johnson - A request for a Sign Installation Permit in the Area of Special Control for signage at 14 East Main Street (Parcel: 08-21.0-445-008) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 155.052, 155.053) Ward 6
Applicant, Amber Johnson explained that the requested signage is for the expansion of her business to 14 E. Main St. and will be similar to the signage at 12 E. Main St., except the word "salon" will be added.
There were no Aldermen or public comments made regarding this request.
With no further discussion, Chairman Nollman asked for a motion. A motion was made by Rebecca Boyer to APPROVE the request. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 6-0.
➢ 66-Nov17-Phillips Investments, LLC (Villas of Holly Brook) - A request for a Use Variance to permit homes for the aged in the form of assisted living and memory care facilities at 2956 Gina Marie Lane & various adjacent properties located (08 2.0 08 ‐ 0 012,08‐‐‐ 019,08104 102 ‐30.0 ‐30.0 ‐ ‐ 004,08 012,08 ‐ ‐ in 103 30.0 ‐ ‐ 102 30.0 an ‐ ‐ 004,08 "A-1" ‐ 103 ‐ 001,08 ‐ ‐ 30.0 102 30.0 ‐ 011,08 ‐ ‐ Single ‐ 018,08 104 102 ‐ 30.0 ‐ 30.0 ‐ ‐ 005,08 011,08 ‐ ‐ Family 103 30.0 ‐ ‐ 102 30.0 ‐ ‐ 005,08 ‐ 103 ‐ 024,08 ‐ ‐ 30.0 102 30.0 Residence ‐ 010,08 ‐ ‐ ‐ 017,08 104 102 ‐ 30.0 ‐ 30.0 ‐ ‐ 006,08 010,08 ‐ ‐ 103 30.0 District. ‐ ‐ 102 30.0 ‐ ‐ 006,08 ‐ 103 ‐ 023,08 ‐ ‐ 30.0 102 30.0 Applicable ‐ 009,08 ‐ ‐ ‐ 016,08 104 102 ‐ 30.0 ‐ 30.0 ‐ ‐ 007,08 009,08 ‐ ‐ 103 30.0 ‐ ‐ 102 30.0 Section ‐ ‐ 007,08 ‐ 103 ‐ 022,08 ‐ ‐ 30.0 102 30.0 ‐ 008,08 of ‐ ‐ ‐ 015,08 104 103 ‐ the 30.0 ‐ 30.0 ‐ ‐ 008,08 Zoning 001,08 ‐ ‐ 103 30.0 ‐ ‐ 102 30.0 ‐ ‐ 014,08 ‐ 104 ‐ 021,08 ‐ ‐ 30.0 Code: 102 30.0 ‐ 002,08 ‐ ‐ ‐ 014,08 104 103 ‐ 162.093, 30.0 ‐ 30.0 ‐ ‐ 009) 002,08 ‐ ‐ 103 30.0 ‐ ‐ 102 30.0 162.570) ‐ ‐ 013,08 ‐ 104 020,08 ‐ ‐ 102 30.0 ‐ 003,08 ‐ ‐ 013,08 103 ‐ 30.0 ‐ 30.0 Ward ‐ 003, ‐ ‐ 103 30. ‐ ‐ 10 30 8
Hadley Phillips, Phillips Investments, LLC, explained the request and stated that they would like to begin construction in the spring of 2018 and be open for operations by 2019. The project is defined as an upscale, privately paid, assisted living & memory care facility for seniors. Mr. Phillips referred to a traffic study reviewed by St. Clair County that reported current traffic counts as "low impact, with no upgrades needed along Frank Scott Parkway." The residents will have access to a parking lot for their private vehicles, but most residents will rely upon the facility's shuttle service. Their company prides themselves on their safety regulations and committed staff. The building is designed to be as stress-free as possible with easy accessibility to any portion of the building.
Mr. Phillips briefly explained the intricately placed landscape design and noted that there are buffers placed between the facilities and any adjacent properties.
Mr. Phillips noted that studies show there is a great need for this type of facility. He gave more details regarding the Marketing, Geographic, and Demographic studies completed.
Mr. Phillips explained the proposed building materials to be used for the one (1) story facility, such as the use of hardy board and a stone facade. Amenities will include a salon, movie theater, entertainment area, fireplaces, community gardens, and a four (4) seasons room. He noted that the current monthly lease may be approximately $3,000.00 to $3,500.00. Mr. Phillips stated that they own and operate several other facilities in surrounding cities, the closest being a two (2) story facility in Collinsville, IL. According to Mr. Phillips, the closest subdivision near the Belleville location is approximately 1/4 mile away.
If Phase Two goes forth in the future, it could entail a diner with a 1950's motif and additional units added to the facility, which would then be using the full ten (10) acres purchased.
A brief commercial was played on the monitors for the audience and Board's viewing.
Mr. Phillips noted that their company is unique in the manner that they design, build, and manage their facilities themselves.
Public comments: Don Woodrome spoke in favor of the request; he believes Belleville needs this development, but would like for more information on the project.
Stacy Rubben spoke in favor of the request; she asked for more information on the project including a Site Plan.
Hattie Hayes spoke in opposition to the request, stating that she is concerned for the safety of the facility residents regarding traffic on Frank Scott Parkway, as well as the safety of the area wildlife. She stated that the facility will be right out her front door. The Board asked Ms. Hayes if she could point out her residence on the map. Ms. Hayes noted that she owns ten (10) feet of grassland that other developers had tried to purchase from her in the past and she wouldn't sell.
Lance Engel spoke in opposition to the request due to lack of information that the neighbors had been given. He is concerned with what will happen to the rest of the surrounding vacant lots that are zoned "A-1" Single Family Residence District. His other concern is that the commercial use will cause an impact that will then make residential null and void.
Michelle Deitz spoke in opposition to the request asking for more information on the project.
Robert Wurtz noted that he wasn't in opposition or in favor of the request, but had questions regarding the hydrostatic pressure from the nearby natural spring. He stated that his residence is on the highest elevation and he gets water in his basement.
Scott Tieman spoke in opposition to the request due to traffic and pedestrian safety, as well as the lack of information that was given to the neighbors.
Kim Wurtz spoke in opposition to the request because it is a residential area and the increase of traffic especially with delivery trucks. Ms. Wurtz inquired on the notification process of who receives a letter from the City regarding a variance request. Ms. McCaskill explained that a sign is posted on the proposed site, a publication is placed in the Belleville News Democrat, and adjacent properties of the proposed site are mailed a letter via the U.S. Post Office.
Annissa McCaskill reminded the Board and audience that the request is for a Use variance due to assisted living facilities not being defined in the zoning code under "permitted uses." The request in front of the Board is not for a Site Plan or elevations. If the request was approved, the project will entail several more steps including submitting plans to the Planning Commission and City Council for final approval.
Alderman comments: Roger Barfield, Ward 8, stated that he did not support the request due to the majority of the neighbors he spoke to being in opposition to the project.
Roger Wigginton, Ward 8, stated that there is a great need for this type of facility and it would be an asset, raise property values, and spur development along Highway 15. He spoke on the vacant lots of Brook Taylor Estates, and how it never came to full fruition due to the recession in 2008. He believes that Phillips Investment Inc. will be willing to work with the neighbors who have concerns.
Mr. Phillips explained that their organization has completed many successful facilities. They strive to keep a successful relationship with neighbors and citizens as a whole. He offered to meet with any citizens that may have questions or concerns regarding the project.
Board member, Steve Zimmerman, stated that if the Board didn't move forward with the recommendation of this request, the City would be denying the possibility of compromise regarding the project development.
Ms. McCaskill noted that the Zoning Board doesn't approve requests, but makes recommendations to City Council who makes final approvals. There will be time before City Council for the neighbors to get more information on the project.
With no further discussion, Chairman Nollman asked for a motion. A motion was made by Steve Zimmerman to APPROVE the request. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 6-0.
Rebecca Boyer made a motion to ADJOURN, which was seconded by Scott Ferguson. All members present voted aye. Chairman Nollman adjourned the meeting at 8:20 p.m.
http://www.belleville.net/AgendaCenter/ViewFile/Minutes/_11162017-1564
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