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CPZB minutes 030508

City of Highland
Combined Planning and Zoning Board
Minutes of the March 5, 2008 meeting

Chairperson Korte called the meeting to order at 7:00 p.m. Members present were Gallatin, Koehnemann, Koishor, Lodes, Vance, Voegele, Weiss, and Korte. Buchanan was absent. Also present were City Manager Latham, Council members Bellm and Zobrist, City Attorney Rosser, Chief Building & Zoning Official Limestall, Recording Secretary Walter and 15 citizens. Chairperson Korte introduced Sue Koishor as the newest member to the Combined Planning & Zoning Board, filling Peg Bellm’s term.

Minutes

The minutes of the March 5, 2008 meeting were approved with no corrections or additions.

Old Business

David Krev, 55B Auburn Ct was present to request a response to the questions he submitted at the February 6, 2008 meeting. Attorney Rosser provided the following answers.  
1.  What actions are taken for misrepresentation to this committee?
Attorney Rosser suggested contacting the City Manager to discuss this with him
2.  How are lots added to a subdivision? Who decides? Who can make changes? Can lots be removed from a subdivision? How long is a “Preliminary” document allowed to be used before it becomes Final? Limestall and Rosser explained the procedure is spelled out in the Land Development Code. Any major deviations to the Preliminary Plat may have to be resubmitted to the Combined Planning and Zoning Board for a recommendation. The Council has the final approval. The Preliminary Plat is good for up to 5 years unless there is a written request for an extension is submitted by the Developer. This must be approved by the City.
3.  Definition of Assisted Living facility? Will this be a designated Senior Citizens facility or can it morph into other, such as drug rehab, halfway house for released felons, special need residence? Limestall stated the definition per the City Municipal Zoning Code is as follows; “Assisted Living Facility: Multifamily dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including community residences, group community residences, hospitals or convalescent care facilities.  Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.”  The IL State Statute vaguely addresses the qualification for an Assisted Living Facility as 80% must be 55 years of age or older. According to Rosser age can not be a valid factor to place conditions on the recommendation.
4.  The Field Crossing extension “Who is paying?” Limestall stated it is the Developer’s responsibility to extend Field Crossing to the Peripheral Route


Public Comment

Chairperson Korte opened the Public Comment section advising the audience this is only for non-agenda items.  Having received no Public Comments Chairperson Korte closed the Public Comment Section.

Public Hearing

Chairperson Korte opened the Public Hearing Section. All attendees wishing to speak on agenda items were sworn in.

Limestall presented the City’s position on the rezoning of 914 Deal, 920 Deal, 924 Deal, 1008 Deal, and 322 Monroe Sts. The property owners are requesting to rezone their properties from I-Industrial to R1D-Single family. Limestall stated this is very similar to the recent rezoning on Walnut and 13th Sts. The properties are currently zoned Industrial and under the current zoning single family residences are not allowed in the Industrial zoning classification, therefore if the dwelling is destroyed it can not be rebuilt. The property owners are finding that due to this restriction and the tightening of financial requirements, they are having difficulties selling or financing the homes.  In 1995, a comprehensive rezoning of this area was done by the City.  This rezoning gave the property owners, at that time, the option to rezone from I-Industrial to R1D Single Family.  Staff stated the City doesn’t see any Industrial use in this area in the near future. The City recommends approval of the rezonings.

Chairperson Korte opened the Public Hearing for 914 Deal St. Austin Kustermann, POB 113 Highland, was present to request the rezoning of the property owned at 914 Deal. Kustermann stated he initiated the rezoning requests for this area due to the fact he is unable to sell his house because of the City’s restriction. He will represent all the property owners on Deal St. Dean Deibert, Deibert Electric, was present to oppose the rezoning of the property at 1008 Deal Street. Deibert stated the properties on both side of the mobile home at zoned Industrial and this would create a spot zoning. He questioned why this rezoning is necessary, and what effect this would have on his business and on Skip’s Automotive at the other end of the block. Chairperson Korte explained that due to the change in financial institutions requirements homeowners are finding it difficult to obtain financing for either improving or selling their property.  Lodes questioned if renovations/additions can be done to the exterior of the dwellings to increase the size.  Limestall stated that, per the current zoning code, renovations/ repairs can be done to the exterior but can not increase the size of the dwelling. Weiss questioned Kustermann how long he has owned the property and was he aware that the property was zoned Industrial?  Kustermann stated he has owned the house for 2 years, totally rehab the house and yes he was aware of the zoning but not of the implications.  Weiss questioned if the neighbors were aware of the zoning. Kustermann stated he believed so. Korte closed the Public Hearing on 914 Deal. Motion made by Weiss to approve the rezoning. Seconded by Voegele.  Chairperson Korte entertained a discussion on this rezoning. Vance was concerned that if the zoning was changed what effect would this have on the remaining Industrial properties with respect to traffic, vehicle usage, etc. Limestall stated the parking requirements may change but no major changes would take place.  Weiss understands and empathizes with the property owners but is concerned if a spot-zoning situation would be created by approving these rezonings. Voegele questioned if there is a happy medium that could be implemented? Limestall stated the City might consider amending the zoning code to allow single family dwelling in the Industrial areas as a permitted use.  Korte is concerned that if people are not allowed to improve their properties they may become distressed and create a bigger problem.  Korte closed the discussion. Roll call taken. Gallatin, Koehnemann, Koishor, and Weiss voted no. Lodes, Vance, Voegele, and Korte voted yes. Motion failed due to a 4-4 tie.  The Board recommended the Council to make the final determination.

Chairperson Korte opened the Public Hearing for 920 Deal St. Austin Kustermann, POB 113 Highland, was present to request the rezoning of the property owned at 920 Deal. Kustermann stated he initiated the rezoning requests for this area due to the fact he is unable to sell his house at 920 Deal because of the City’s restriction.  Kustermann stated that when he bought this property it was very distressed. He invested $50,000 in the property and now is unable to sell it.  Jerry Ripperda, 322 Monroe St, is concern that when he bought his property Madison County has the use listed as Residential but yet at the time of sale, the City has the zoning listed as Industrial and this is very misleading to potential buyers.  Korte explained that the county taxes properties according to the use not according to the zoning that’s why it is listed that way. Korte closed the Public Hearing for 920 Deal St. Motion made by Voegele to approve the rezoning. Seconded by Weiss. There was no new discussion. Roll call taken. Gallatin, Koehnemann, and Weiss voted no. Koishor, Lodes, Vance, Voegele, and Korte voted yes. Motion carried.

Chairperson Korte opened the Public Hearing for 924 Deal St. Austin Kustermann, POB 113 Highland, was present to request the rezoning of the property owned at 924 Deal. Kustermann stated he initiated the rezoning requests for this area due to the fact he is unable to sell his house at 920 Deal because of the City’s restriction.  Korte closed the Public Hearing for 924 Deal St. Motion made by Weiss to approve the rezoning. Seconded by Voegele. There was no new discussion. Roll call taken. Gallatin, Koehnemann, and Weiss voted no. Koishor, Lodes, Vance, Voegele, and Korte voted yes. Motion carried.

Chairperson Korte opened the Public Hearing for 1008 Deal St. Austin Kustermann, POB 113 Highland, was present to request the rezoning of the property owned at 924 Deal. Kustermann stated he initiated the rezoning requests for this area due to the fact he is unable to sell his house at 920 Deal because of the City’s restriction. Deibert spoke in opposition of this rezoning due to the fact the properties on both sides are still zoned Industrial and this would create spot zoning and possibly devalue his property. Weiss questioned since there is a mobile home on this property would it be able to be replaced with another? Limestall said it would have to follow the zoning requirements. Korte questioned what the property at 1012 Deal is utilized for. Deibert stated he uses it for truck storage and a parking lot. Lodes questioned what the property to the north is used for. Deibert stated that is a warehouse. Korte closed the Public Hearing for 1008 Deal St. Motion made by Voegele to approve the rezoning. Seconded by Vance. Chairperson Korte entertained a discussion on this rezoning.  Korte urged the board to rule on this property very carefully. This is a different situation than the previous three properties since it is zoned Industrial on adjacent properties.  Receiving no other comments Korte closed the discussion. Roll call taken. All voted no. Motion failed

At 7:55 PM, the Board took a five-minute recess and reconvened at 8:00 PM.

Chairperson Korte opened the Public Hearing for 322 Monroe St.  Jerry Ripperda, 322 Monroe St, was present to request the rezoning of his property from I-Industrial to R1D Single Family. Ripperda stated he has owned the property for 2 year and greatly improved it and has lost several sales on the house due to the City’s restrictions  Weiss questioned if the vacant lots next to his property are zoned Industrial. Ripperda stated yes and they have opted not to rezone them.  Tim McGinley, PO Box 81 Highland spoke in opposition to the rezoning.  McGinley stated the surrounding properties are zoned Industrial and this would be spot zoning.  Ripperda stated this entire area has a residential appearance but some area are still zoned Industrial.  He thinks the two areas can co-exist without problems. Korte closed the Public Hearing for 322 Monroe St. Motion made by Vance to approve the rezoning. Seconded by Weiss. Korte entertained a discussion on this rezoning. Weiss questioned if the house to the west is zoned Industrial. Ripperda stated yes, he has talked to Wil Holzinger, and he has no problem with the rezoning. Weiss believes this would be spot zoning. Korte is concerned that if the property owners are not able to improve or sell their property then it creates a potential for the area to become distressed.  Receiving no other comments Korte closed the discussion. Roll call taken. Gallatin, Koehnemann, Koishor, Lodes, Vance, Voegele, and Weiss voted no. Korte voted yes. Motion failed.

Limestall explained that Jason Mettler / Mettler Development LLC is requesting a rezoning for approximately 7 acres of Prairie Trails Subdivison along St Rt 160 (see legal description) from C4 and R1C to R2B to allow construction of Single Family Attached Homes (Villas). Limestall stated the Future Land Use indicates a potential of commercial development and should meet the requirements of the Comprehensive Plan. Chairperson Korte opened the Public Hearing for Mettler Development LLC rezoning request. Jason Mettler, 601 13th St Highland was present to request the rezoning.  Mettler stated the northern section of Augusta Estates is zoned C4 and the southern end of Prairie Trails property is zoned C4 with a narrow strip of Prairie Trails zoned R1C and is not practical for single family development. He believes the Villas would be a better transition from the Commercial use to Single Family use. There was no opposition from neighbors.  Korte closed the Public Hearing for the Mettler Development rezoning request (see legal description) motion made by Weiss to approve the rezoning of the parcel as attached from R1C to R2B.  Seconded by Voegele. Korte entertained a discussion on the rezoning. Voegele believes this would be a good option as a buffer between Commercial usage and Single Family use. Korte is concerned with the Comprehensive Plan Guidelines that is this based on the best interest of the community?  Mettler stated he understands Korte’s concerns but when 5 acres of Augusta Estates was rezoned C4 it greatly impacted his property and no thought was given to that. Receiving no other comments Korte closed the discussion. Roll call taken. Gallatin, Koishor, Vance, Voegele, Weiss, and Korte voted yes. Koehnemann and Lodes voted no. Motion carried.

Korte opened the Public Hearing for Mettler Development LLC rezoning request. Mettler clarified the total acreage for the rezoning is 7.83 acres. Receiving no comments Korte closed the Public Hearing for Mettler Development LLC. Motion made by Vance to approve the rezoning as attached from C4 to R2B. Seconded by Weiss. Receiving no other comments Korte closed the discussion. Roll call taken. Gallatin, Koehnemann, Koishor, Vance, Voegele, Weiss and Korte voted yes. Lodes voted no. Motion carried.

Korte reminded the board members to indicate potential usage areas in the I-70 interchange map that was provided at the last meeting. The committee will get together and compile the map on March 11th with plans on “unveiling” the compiled map at the April meeting. Weiss questioned if there is a replacement for Peg Bellm. Korte stated no and asked for a volunteer. No one did so. Weiss suggested placing the members contact information on the map so they could be reached if any questions came up.

Adjournment at 8:35 p.m.