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Friday, May 3, 2024

City of Belleville Zoning Board of Appeals met Aug. 2

City of Belleville Zoning Board of Appeals met Aug. 2.

Here are the minutes provided by the board:

Members: 

Deborah Brennan Present

Ryan Moore Present

Tim Price Present

Don Rockwell Excused

Steve Zimmerman Present

Mitoshia Scott Absent

Dan Nollman, Chairman Present

Staff present: 

Cliff Cross, Director of Economic Development, Planning and Zoning Present

Kerrie Freeman, Secretary, Economic Development, Planning and Zoning Present

Public present:

Everett Temple, Tanya Temple, Richard Temple, Mary Massa, Jared Beard, Mike Bridges, Jason Bridges, Taylor Thomas, Tanya Ferguson.

Elected Officials present: 

Lillian Schneider (ward 1), Bryan Whitaker (ward 1), and Phillip Elmore (ward 7).

The meeting was called to order at 7:00 PM by Chairman Dan Nollman. Roll was called and a quorum declared. The Pledge was made, and the applicants and public were sworn in. (7:00 PM) 

Chairman Nollman went over Emergency Procedures and meeting outline directions. (7:01 PM)

A motion was made by Tim Price to approve the minutes with no changes from the June 22, 2023 meeting. The motion was seconded by Ryan Moore. The motion carries 5-0 with all present members voting in the affirmative. (7:03 PM)

The following cases were heard:

1. New Business:

A. 26-JUL23 EVERETT TEMPLE: Request for a Map Amendment to rezone the property commonly known as 4200 North Belt West (08-17.0-100-011) from "C-1" Light Commercial District to "C-2" Heavy Commercial District (Applicable section of the zoning code: 162.590) Ward 3. (7:04 PM)

Mrs. Temple explained the need for rezoning in order to operate a childcare center at this location. (7:04 PM)

Mr. Cross mentioned the amendment a couple months back to change allowance for commercial daycare centers to be in C2 as underlying district. Based on review this is not a spot zoning case, the C-2 would fit for this usage. The daycare center won't add any extra traffic to the area and is a compatible use in the corridor. (7:05 PM)

Discussion about the daycare center plans occurred. (7:07 PM)

Discussion about State of Illinois approval occurred. (7:08 PM)

Discussion about outdoor activity time occurred. (7:08 PM)

Discussion about the number of employees, parking, and security occurred. (7:09 PM)

Taylor Thomas and Tanya Ferguson, from the public, spoke in favor of the case.

No one from the public spoke against the case.

No one from City Council spoke for or against this case.

26-JUL23 EVERETT TEMPLE: A motion to APPROVE the Request for a Map Amendment to rezone the property commonly known as 4200 North Belt West (08-17.0-100-011) from “C-1” Light Commercial District to “C-2” Heavy Commercial District (Applicable section of the zoning code: 162.590) Ward 3 was made by Steve Zimmerman. It was seconded by Ryan Moore. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (7:12 PM)

B. 27-JUL23 CARDINAL CREEK PROPERTIES, LLC: Request for a Special Use Permit to establish and operate a "Multi-Family Dwelling" apartment complex at 140 Iowa Avenue (08-22.0-409-021) located in a “D-2” Heavy Industry District. (Applicable sections of the zoning code: 162.323, 162.515) Ward 1. (7:13 PM)

Jason Bridges explained the request to convert the current offices to a ten (10)-unit (studio or one bedroom) and how they would go about remodeling the current building. (7:13 PM)

Mr. Bridges explained the funding sources for the project. (7:14 PM)

Mr. Bridges explained the parking situation. There are currently ten (10) dedicated parking spots on the property. There is also a verbal commitment from the seller that they will provide an easement or long-term rent agreement for tenants to use five (5) parking spaces in the adjacent parking lot, which the seller owns. Additionally, there is a pending offer to purchase a building across the street, 137 Iowa Avenue, that has a parking lot that can hold twenty (20) vehicles. (7:15 PM)

Mr. Cross entered in the applicants packet as Exhibit A. (7:16 PM)

Mike Bridges mentioned that they are working with a Veteran Owned Corporation. (7:17 PM)

Discussion about the square footage and floor plans of the units occurred. (7:17 PM)

Discussion about the range of rent occurred. (7:18 PM)

Discussion about Chestnut Health System occurred. (7:19 PM)

of occupancies allowed. Mr. Cross mentioned that the occupancy number

Mr. Zimmerman asked Mr. Cross about the number allowed will be contingent on the annual occupancy inspection by Heath and Housing and their guidelines or requirements. (7:19 PM)

Discussion about parking occurred. (7:20 PM)

Discussion about studios and one-bedroom rentals occurred. (7:22 PM)

Snd exiting of the lot occurred. (7:24 PM)

Discussion about entrance

Discussion about exterior upgrades occurred. (7:27 PM)

Discussion about points of entry to the building occurred. (7:28 PM)

Discussion about how the tenants will access their apartments occurred. (7:28 PM)

Discussion about Chestnut Health occurred again. (7:30 PM)

Discussion about the rents and background checks for each tenant occurred. (7:32 PM)

Discussion about rent assistance by Chestnut Health occurred. (7:33 PM)

No one from the public spoke in favor of the request.

Mary Massa spoke against the request. Chairman Nollman read a letter from Joe Voss against the request.

Mr. Cross responded to Mr. Voss letter that he can place the extra buffering in action. Mr. Cross also mentioned that the whole building and site is non-conforming no matter what the use inside the building is. When looking at density, a traditional minimum lot size is sixteen thousand (16,000) square feet, so typically four thousand (4,000) square feet per unit. In this case, the units will be a little bit over, but larger developments have been approved. (7:44 PM)

Alderperson Schneider mentioned, the parking lot that would be used has five (5) additional parking spots but there is rock and there are weeds. If there are veterans in the apartments, will they be affected by the loud noises, especially if they have PTSD (post traumatic stress disorder). If a parking lot across the street is purchased, would they be up to code. Will the egresses be up to code for the fire dept. Will there still be offices using this building. Large trucks delivering supplies will where they park. Will the rental amount be subsidized by Chestnut Health. Two hundred thousand dollars ($200,000.00) seems like a low number for remodeling, are there extra funds if the remodel goes over the allotted amount. Will they use the house across the street for Veterans too. (7:47 PM)

Alderperson Whitaker mentioned concern with other multi-family housing issues in that neighborhood. Fear of another decrease in property value. Concern for no internal climate control with each unit. Concerned for the residential being in the middle of commercial district. Are utilities included. Absolute minimum parking, no guests to come by and limited parking on streets. (7:51 PM)

Alderperson Elmore mentioned that outside of the commercial area, is purely residential and shared his eligible for government subsidies for rent. (7:54 PM)

Mike Bridges mentioned they will provide the dumpster for the apartment building. Would certify signed acknowledgement from the tenants of the loud noises that chould occur. Chesnut is aware of PTSD cases and would not place those veterans where they could be triggered by loud noises; The offer on additional lot will not be an issue once the purchase is completed. There are offices there currently, so the traffic will not increase. (7:55 PM)

Jason Bridges mentioned the current A/C system is already existing but can be changed. All utilities will be paid through the rent. (7:57 PM)

Mike Bridges said plumbing is already installed, additional plumbing may be needed, but is already in the scope plan. (7:58 PM)

Jason Bridges mentioned that the current tenants from the offices will be gone, and all the current office space will be residential only. (7:58 PM)

Mike and Jason confirmed that rent will be subsidized if they have a voucher. But any tenant can apply, whether they have a voucher or not. (7:59 PM)

Jason Bridges mentioned that it will not be a group home. Anyone who applies and qualifies will not be turned down. We wish to reach out to certain markets and provide for that market if they qualify. (8:00 PM)

Jason Bridges mentioned that it would be at the management would be no reason for denial if they qualify. (8:00 PM)

Ryan Moore asked if the units will be available for Section 8 housing. Jason Bridges mentioned that it would be at the management company's discretion. There would be no reason for denial if they qualify. (8:00 PM)

Discussion about certain requirements for residential occupancy inspections. (8:02 PM)

Mike Bridges added that there will be a contiguous document stating the additional five (5) parking spots will remain with the apartments if the seller goes to sell the property. (8:04 PM)

27-JUL23 CARDINAL CREEK PROPERTIES, LLC: A motion to DENY the Request for a Special Use Permit to establish and operate a “Multi-Family Dwelling” apartment complex at 140 Iowa Avenue (08-22.0-409-021) located in a “D-2” Heavy Industry District. (Applicable sections of the zoning code: 162.323, 162.515) Ward 1 was made by Ryan Moore. It was seconded by Steve Zimmerman. Motion carried by a vote of 4-1 with voting as follows: Deborah Brennan- AYE, Steve Zimmerman- AYE, Ryan Moore- AYE, Chairman Dan Nollman- AYE, and Tim Price- NEY. (8:05 PM)

C. 28-JUL23 TAYLOR THOMAS, MARCEL ENTERPRISES: Request for a Map Amendment to rezone the property commonly known as 424 Lebanon Avenue (08-22.0-118-004,005,014) from "A-2” Two-Family Residence District to "C-1" Light Commercial District (Applicable section of the zoning code: 162.590) Ward 1. (8:07 PM)

Taylor Thomas mentioned their funding is for commercial property, so the A-2 district is not appropriate. (8:07 PM)

Mr. Cross mentioned this case has come before the board once to be switched to the A-2 district, then the adjuster for their funding said it needs to be zoned as commercial. A-2 district does allow for this use. If it switches to C-1 District, the applicants will still need to get a use variance to be able to do their proposed use for the location. (8:07 PM)

Discussion about what the property should be zoned as occurred. (8:09 PM)

Discussion that no changes to the site plans have occurred. (8:13 PM)

Discussion about guaranteed funding occurred. (8:13 PM)

Jason Beard and Tanya Temple from the public spoke in favor of the request.

No one from the public spoke against the request.

No one from City Council spoke for or against this case.

28-JUL23 TAYLOR THOMAS, MARCEL ENTERPRISES: A motion to APPROVE Request for a Map Amendment to rezone the property commonly known as 424 Lebanon Avenue (08-22.0-118-004,005,014) from “A-2” Two-Family Residence District to “C-1” Light Commercial District (Applicable section of the zoning code: 162.590) Ward 1 was made by Steve Zimmerman. It was seconded by Tim Price. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (8:15 PM) 

D. 29-JUL23 CITY OF BELLEVILLE ZONING CODE AMENDMENT: Request for amendments of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Section 162.006 “Definitions" and Sections 162.233, 162.248, 162.263, 162.278, 162.308 and 162.323 "Special Uses". (8:16 PM)

Mr. Cross explained the zoning code amendment. (8:16 PM)

• Section 1 of slideshow is amendment to 162.006 definitions. Would like to remove the club/lodge and convenience shop uses as defined.

• Section 2 of the slideshow is adding to the definition section of 162.006 with adding definition of Bar/tavern, and adding the re-definition of club/lodge and convenience shop uses.

• Multiple occupancy non-residential definition and use should be re-defined as a special use permit being submitted before suites can be created.

• Redefining Restaurant or dining establishment. Will help to differentiate between bars or taverns and lining up with the gaming ordinance.

• Section 3-6 of the slideshow is amending the 2 District, C-4 District, and the special uses for both of those districts. 

• Section 7 of the slideshow is adding and redefining for the C-2 district and requirements for the Special Use Permit.

• Section 8 of the slideshow is adding and redefining for the C-3 district.

• Section 9 of the slideshow is adding and redefining for the C-4 district.

• Section 10 of the slideshow is adding and redefining for the D-1 district. 

• Section 11 of the slideshow is adding and redefining for the D-2 district.

No one from the public spoke in favor of the request.

No one from the public spoke against the request.

No one from City Council spoke for or against this case.

29-JUL23 CITY OF BELLEVILLE ZONING CODE AMENDMENT: A motion to APPROVE the Request for amendments of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Section 162.006 “Definitions” and Sections 162.233, 162.248, 162.263, 162.278, 162.308 and 162.323 “Special Uses" was made by Deborah Brennan. It was seconded by Tim Price. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (8:25 PM)

2. Old Business: NONE 

A motion was made to adjourn by Ryan Moore and seconded by Steve Zimmerman. Motion carried 5-0 with all present members voting in the affirmative. Chairman Nollman adjourned the meeting at 8:27 PM.

https://www.belleville.net/AgendaCenter/ViewFile/Minutes/_08022023-3058

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