1. society
2. welfare

AGENDA
PLANNING COMMISSION
April 14, 2015
7:00 P.M.
City Council Chambers
1.
Call to Order and Roll Call
2.
Citizens Comments
3.
Approval of Minutes of January 13, 2015
4.
PC Cases / Public Hearing
PC04-15, 7:00 PM, Development Plan, Robert & Mary Bruns, 705 Lincoln Hwy.
5.
New Business
6.
Announcements
7.
Adjournment
PLANNING COMMISSION
MINUTES
January 13, 2015
1. CALL TO ORDER
The meeting was called to order at approximately 7:00 p.m. by Chairman Bill Poletti with
(9 members) in attendance: Pat Wesemann, Pat Herrington, Harry Zimmerman, Nick
Correale, Don Barkley, Amy Funk, Kelly Smith, Larry Mensing and Jim Bramstedt. Also
in attendance were Tim Tolliver(Director of Land Use), Jim Gehrs(Attorney), Kendra
Tucker (Secretary) and Holly A. McCullough(Keefe Reporting).
2. CITIZENS COMMENTS
None
3. APPROVAL OF MINUTES
The Planning Commission approved the minutes for the meeting on December 9, 2014.
4. PUBLIC HEARING
PC01-15, Special Use Permit, Donald & Christine Bishop, 9612 Fairmont Road
Director Tim Tolliver presented the staff advisory.
The applicant was present.
Christine Rae Bishop of 1007 N. Center Street, Collinsville, IL. 62234 was sworn in.
The applicant briefed the committee on their intentions for the property. Commissioner
Barkley complimented the applicant on clearing the property and asked if the out
building they were proposing was for business use. The applicant stated that it was not
for a business but a space for her husband to work on his hobbies.
There were 0 proponents present to speak in favor of this application.
There were 0 opponents present to speak against this application.
Commissioner Herrington asked Director Tolliver for clarification of section C under
Special Use in the Staff Advisory. Chairman Poletti verified that the issue was the nonresidential structure on the property. Tolliver clarified.
Commissioner Herrington inquired what the time line would be on the project. The
applicant stated that they planned to build the house within 2 years.
The Commission discussed the set back of the buildings.
Commissioner Zimmerman made a motion to approve the application on the condition
that the setback would be changed to 50 feet instead of the requested 25 feet.
Planning Commissioner Zimmerman introduced the following resolution and moved for its
adoption:
RESOLUTION PC001-15
A RESOLUTION ADOPTING FINDINGS OF FACT FOR PC01-15 RELATING TO A
REQUEST FROM DONALD & CHRISTINE BISHOP TO APPROVE A SPECIAL USE
PERMIT WITHIN CONSERVATION ZONED PROPERTY FOR A STRUCTURE
CONTAINING SHOP FACILITY, STORAGE AND SLEEPING QUARTERS AT 9612
FAIRMONT ROAD.
WHEREAS, Donald & Christine Bishop, hereinafter referred to as the “Applicant,” has
properly applied for a Special Use Permit for a non-residential structure within the “C”
Conservation District located at 9612 Fairmont Road, PIN # 02-24.0-403-039.
NOW THEREFORE, BE IT RESOLVED BY THIS PLANNING COMMISSION OF THE
CITY OF FAIRVIEW HEIGHTS, ST. CLAIR COUNTY, STATE OF ILLINOIS that the
findings of fact relating to the request are determined to be as follows:
1. That the Applicant appeared before the Planning Commission for a public hearing pursuant
to Section 14-10-8 of the City of Fairview Heights Development Code on January 13, 2015,
and that said public hearing was properly advertised and that the minutes of said public
hearing are hereby incorporated by reference.
2. The subject property is vacant and is zoned “C” Conservation District. The subject property
is situated on one parcel, PIN 02-24.0-403-039 and maybe identified by the address, 9612
Fairmont Rd. The property is owned by applicant.
3. That the Subject Property contains approximately 4.00 acres.
4. That this permit will not require any changes to traffic circulation and ingress/egress.
5. That this permit will not require any changes to lighting, landscaping, or the existing site
usage.
6. That the proposed use will not be unduly dangerous or otherwise detrimental to persons
residing or working in the vicinity of the use or to the public welfare.
7. That the proposed use will not substantially adversely impair the use, enjoyment, or market
value of any surrounding property.
8. That the proposed use will not be hazardous or disturbing to existing neighboring uses.
9. That the proposed use will be served adequately by public facilities and services such as
highways and streets.
10. That the proposed use will not create excessive additional requirements at public cost for
public facilities and services, and it will not be detrimental to the economic welfare of the
community.
11. That the proposed use will not involve activities and uses that will be detrimental to any
persons, property, or the general welfare by reason of excessive production of traffic, noise,
smoke fumes, glare or odors.
12. The proposed use will be consistent with the Comprehensive Plan.
13. That this Special Use Permit approval will allow for the applicant’s use of conservation
zoned property for a 1,200 square foot structure to be used as a shop facility, storage and
sleeping quarters related to the construction of the principal residence building at the
property in conformance with all area/bulk requirements per the petition by the Applicant.
14. That the Permittee shall be responsible for all City costs incurred in administering and
enforcing this Permit.
15. That the Director of Land Use, and his/her designee, shall have the right to inspect the
premises for compliance and safety purposes annually or at any time, upon reasonable
request.
16. That this Special Use Permit Approval shall automatically expire if the use is not initiated
within one year of City Council approval.
The motion for the adoption of the foregoing resolution was duly seconded by; Barkley
upon vote being taken thereon, the following voted in favor thereof: Herrington, Zimmerman,
Wesemann, Barkley, Funk, Smith, Mensing, Bramstedt, Correale and Poletti;
and the following voted against the same:
none
and the following abstained: none
and the following were absent: Klucker
whereupon said resolution was declared duly passed and adopted by the Fairview Heights
Planning Commission this the 13th day of January 2015.
Planning Commission Chairman
ATTEST:
Land Use Director
Donald & Christine Bishop, hereby acknowledges receipt of this Permit and that he has reviewed
the conditions of this Permit and have agreed that he will comply with the terms of this Permit.
By:
Its:
STATE OF ILLINOIS)
COUNTY OF
) SS.
)
On this
day of
, 2015 before me, a Notary Public, personally
appeared ______________
_________, the applicant, to be known to be
the person described in and who executed the foregoing instrument and acknowledged that they
executed the same as their free act and deed.
PC02-15, Development Plan, Steven & Jenifer Giger, 10614 Lincoln Trail
Director Tim Tolliver presented the staff advisory.
The applicant was present.
Steve Giger of 101 Marilyn Drive, Swansea, IL. 62226 was sworn in.
The applicant answered the commissioner’s questions regarding parking requirements.
The Commission then discussed the parking and what the code required and what was
necessary for the business. The commissioners then reviewed the plans of the property
to verify where the applicant would have additional parking for car storage and
employee parking. Commissioner Herrington stated that he felt that is was a good
improvement for the street and benefits a thriving business and that they should not get
hung up on the parking.
There were 0 proponents present to speak in favor of this application.
There were 0 opponents present to speak against this application.
Commissioner Wesemann made a motion to approve the application.
Planning Commissioner Wesemann introduced the following resolution and moved for its
adoption:
RESOLUTION PC 002 -15
A RESOLUTION ADOPTING FINDINGS OF FACT FOR PC02-15 RELATING TO A
REQUEST FROM STEVEN & JENIFER GIGER TO APPROVE A DEVELOPMENT
PLAN WITHIN PLANNED BUSINESS BUSINESS ZONED PROPERTY FOR AN
AUTOMOBILE REPAIR FACILITY WITH AT 10614 LINCOLN TRAIL.
WHEREAS, Steven & Jenifer Giger, hereinafter referred to as the “Applicant,” has
properly applied for Development Plan approval for an auto repair facility within the “PB”
Planned Business District located at 10614 Lincoln Trail PIN 03-28.0-302-041.
NOW THEREFORE, BE IT RESOLVED BY THIS PLANNING COMMISSION OF THE
CITY OF FAIRVIEW HEIGHTS, ST. CLAIR COUNTY, STATE OF ILLINOIS that the
findings of fact relating to the request are determined to be as follows:
17. That the Applicant appeared before the Planning Commission for a public hearing pursuant
to Section 14-10-8 of the City of Fairview Heights Development Code on January 13, 2015,
and that said public hearing was properly advertised and that the minutes of said public
hearing are hereby incorporated by reference.
18. The subject property zoned “PB” Planned Business District. The subject property is situated
on one parcel, PIN03-28.0-302-041and maybe identified by the address, 10614 Lincoln Trail.
The land is owned by Applicant and is approximately 31,000 square feet in size.
19. That the Subject Property contains approximately 31,000 square feet.
20. That this permit will not require any changes to traffic circulation and ingress/egress.
21. That this permit will not require any changes to lighting, landscaping, or the existing site
usage.
22. That the proposed use will not be unduly dangerous or otherwise detrimental to persons
residing or working in the vicinity of the use or to the public welfare.
23. That the proposed use will not substantially adversely impair the use, enjoyment, or market
value of any surrounding property.
24. That the proposed use will not be hazardous or disturbing to existing neighboring uses.
25. That the proposed use will be served adequately by public facilities and services such as
highways and streets.
26. That the proposed use will not create excessive additional requirements at public cost for
public facilities and services, and it will not be detrimental to the economic welfare of the
community.
27. That the proposed use will not involve activities and uses that will be detrimental to any
persons, property, or the general welfare by reason of excessive production of traffic, noise,
smoke fumes, glare or odors.
28. The proposed use will be consistent with the Comprehensive Plan.
29. That this Development approval will allow for the applicant’s use of business zoned property
for an approximate 4,788 square foot auto repair and car rental facility at the property as it is
proposed per the Development Plan by the Applicant.
30. That the Permittee shall be responsible for all City costs incurred in administering and
enforcing this Permit.
31. That the Director of Land Use, and his/her designee, shall have the right to inspect the
premises for compliance and safety purposes annually or at any time, upon reasonable
request.
32. That this Development Plan Approval shall automatically expire if the use is not initiated
within one year of City Council approval.
The motion for the adoption of the foregoing resolution was duly seconded by; Funk
upon vote being taken thereon, the following voted in favor thereof: Herrington, Zimmerman,
Wesemann, Barkley, Funk, Smith, Mensing, Bramstedt, Correale and Poletti;
and the following voted against the same: none
and the following abstained: none
and the following were absent: Klucker
whereupon said resolution was declared duly passed and adopted by the Fairview Heights
Planning Commission this the 13th day of January 2015.
Planning Commission Chairman
ATTEST:
Land Use Director
Steven & Jenifer Giger, hereby acknowledges receipt of this Permit and that he has reviewed the
conditions of this Permit and have agreed that he will comply with the terms of this Permit.
By:
Its:
STATE OF ILLINOIS)
COUNTY OF
) SS.
)
On this
day of
, 2015 before me, a Notary Public, personally
appeared ______________
_________, the applicant, to be known to be
the person described in and who executed the foregoing instrument and acknowledged that they
executed the same as their free act and deed.
PC03-15, Special Use Permit, William & Carol Peach, 312 Pleasant Ridge Road
Director Tim Tolliver presented the staff advisory.
The applicant was present.
William Peach of 312 Pleasant Ridge Road, Fairview Heights, IL. 62208 was sworn in.
Mr. Peach explained to the Commission that he has been working with a petting zoo in
Troy for 18 years. He helps supply the animals. He also takes the animals to churches,
nursing homes and schools free of charge. He said his animals are quiet and well
mannered. He sold his previous property to a military family who had relocated to the
area.
There were 1 proponents present to speak in favor of this application.
Krista Pacheco of 201 S. Lawn, Caseyville, IL. 62232 was sworn in. Ms. Pacheco stated
that Mr. Peach took care of her alpaca which is a service animal.
There were 8 opponents present to speak against this application.
Ellen Beebe of 317 Pleasant Ridge Road, Fairview Heights, IL. 62208 was sworn in.
Ms. Beebe stated that her concerns were that this applicant’s request did not fit the
neighborhood. She feared that it would hurt the property values and would also be a
nuisance.
John Baldus of 570 Pleasant Ridge Road, Fairview Heights, IL. 62208 was sworn in.
Mr. Baldus felt that the applicant have very admiral goals but does not want the animals
in his neighborhood.
Dorothy Ovelgoenner of 316 Pleasant Ridge Road, Fairview Heights, IL. 62208 was
sworn in. Ms. Ovelgoenner stated that she has lived at this address for a long time and
she fears that this applicant’s request would diminish the property values and create a
nuisance.
Mike Donovan of 320 Pleasant Ridge Road, Fairview Heights, IL. 62208 was sworn in.
Mr. Donovan stated that he was in opposition to the application.
Mike Marty of 321 Pleasant Ridge Road, Fairview Heights, IL. 62208 was sworn in. Mr.
Marty has concerns that the animals that the applicant was requesting would attract
more coyotes and raccoons to the area. He also has concerns regarding diminished
property values.
Susan Clukey of 309 Pleasant Ridge Road, Fairview Heights, IL. 62208 was sworn in.
Ms. Clukey stated that her property and house were similar in size to the applicants and
she felt that it was not enough space for so many animals.
Anna Clukey of 309 Pleasant Ridge Road, Fairview Heights, IL. 62208 was sworn in.
Ms. Clukey stated that she had been attacked by a dog as a child and that animal
control did not respond to the scene. She is afraid that the applicant’s animals may get
loose and become aggressive.
Kim Whitmore of 2009 Fairview Avenue, Belleville, IL. 62226 was sworn in. Ms.
Whitmore’s parent’s home is adjacent to the applicants. Her parents have both died and
she is in the process of selling the house. She is afraid that having these animals in the
neighborhood will be detrimental to the property value. She is also worried about the
animals because of the age of the applicants. She worries who would chase the animals
if they did get loose. Ms. Whitmore also is concerned because there is a raccoon
population in the neighborhood that would attack the applicant’s chickens.
Commissioner Zimmerman made a motion to deny the application.
Planning Commissioner Zimmerman introduced the following resolution and moved for its
adoption:
RESOLUTION PC 003-15
A RESOLUTION ADOPTING FINDINGS OF FACT FOR PC03-15 RELATING TO A
REQUEST FROM WILLIAM & CAROL PEACH TO DENY A SPECIAL USE PERMIT
WITHIN “R-3’ SINGLE FAMILY RESIDENTIAL ZONED PROPERTY FOR
AGRCULTURAL USE AT 312 PLEASANR RIDGE ROAD.
WHEREAS, William & Carol Peach, hereinafter referred to as the “Applicant,” has
properly applied for a Special Use Permit for agricultural use within the “R-3” Single Family
Residential District located at 312 Pleasant Ridge Road, PIN # 03-20.0-204-009 and 03-20.0204-005.
NOW THEREFORE, BE IT RESOLVED BY THIS PLANNING COMMISSION OF THE
CITY OF FAIRVIEW HEIGHTS, ST. CLAIR COUNTY, STATE OF ILLINOIS that the
findings of fact relating to the request are determined to be as follows:
33. That the Applicant appeared before the Planning Commission for a public hearing pursuant
to Section 14-10-8 of the City of Fairview Heights Development Code on January 13, 2015,
and that said public hearing was properly advertised and that the minutes of said public
hearing are hereby incorporated by reference.
34. The subject property is developed with a single family residence and is zoned “R-3” Single
Family District. The subject property is situated on two parcels, PIN# 03-20.0-204-009 & 0320.0-204-005 and maybe identified by the address, 312 Pleasant Ridge Road. The land is
owned by the Applicant.
35. That the Subject Property contains approximately 45,000 square feet.
36. That this permit will not require any changes to traffic circulation and ingress/egress.
37. That this permit will require any changes to lighting, landscaping, or the existing site usage.
38. That the proposed use will be unduly dangerous or otherwise detrimental to persons residing
or working in the vicinity of the use or to the public welfare.
39. That the proposed use will substantially adversely impair the use, enjoyment, or market value
of any surrounding property.
40. That the proposed use will be hazardous or disturbing to existing neighboring uses.
41. That the proposed use will be served adequately by public facilities and services such as
highways and streets.
42. That the proposed use will not create excessive additional requirements at public cost for
public facilities and services, and it will not be detrimental to the economic welfare of the
community.
43. That the proposed use will involve activities and uses that will be detrimental to any persons,
property, or the general welfare by reason of excessive production of traffic, noise, smoke
fumes, glare or odors.
44. The proposed use will not be consistent with the Comprehensive Plan.
45. That this Special Use Permit request is denied for the applicant’s use of residentially zoned
property for agricultural use for the keeping of farm animals as it is proposed per the
Applicant.
46. That the Permittee shall be responsible for all City costs incurred in administering and
enforcing this Permit.
47. That the Director of Land Use, and his/her designee, shall have the right to inspect the
premises for compliance and safety purposes annually or at any time, upon reasonable
request.
The motion for the adoption of the foregoing resolution was duly seconded by; Barkley
upon vote being taken thereon, the following voted in favor thereof: Herrington, Zimmerman,
Wesemann, Barkley, Funk, Smith, Mensing, Bramstedt, Correale and Poletti;
and the following voted against the same:none
and the following abstained: none
and the following were absent: Klucker
whereupon said resolution was declared duly passed and adopted by the Fairview Heights
Planning Commission this the 13th day of January 2015.
Planning Commission Chairman
ATTEST:
Land Use Director
5. UNFINISHED BUSINESS – Citizens Comments
None
6. NEW BUSINESS
None
7. ANNOUNCEMENTS
None
8. ADJOURNMENT – Meeting adjourned at approximately 8:30 p.m.
The next regularly scheduled meeting of the Fairview Heights Planning Commission will be
February 10, 2015 at 7:00 p.m. in the Council Chambers of the Fairview Heights Municipal
Complex, 10025 Bunkum Road, Fairview Heights, Illinois.
Respectfully,
Tim Tolliver
Director of Land Use and Development
TT/kt
Planning Commissioner
adoption:
introduced the following resolution and moved for its
RESOLUTION PC15-004
A RESOLUTION ADOPTING FINDINGS OF FACT PC04-15 RELATING TO A
REQUEST FROM ROBERT & MARY BRUNS, TO ALLOW THE CONSTRUCTION
OF A 900 SQUARE FOOT ADDITION TO THE EXISTING STRUCTURE AT THE
PROPERTY LOCATED AT 705 LINCOLN HIGHWAY.
WHEREAS, Robert & Mary Bruns, hereinafter referred to as the “Applicant,” has
properly applied for an Amended Development Plan Approval to construct a 900 square foot
addition to the existing structure at the property generally known as 705 Lincoln Highway and
also identified by St. Clair County PIN 03-27.0-213-041.
NOW THEREFORE, BE IT RESOLVED BY THIS PLANNING COMMISSION OF THE
CITY OF FAIRVIEW HEIGHTS, ST. CLAIR COUNTY, STATE OF ILLINOIS that the
findings of fact relating to the request are determined to be as follows:
1. That the Applicants appeared before the Planning Commission for a public hearing pursuant
to Section 14-10-8 of the City of Fairview Heights Development Code on April 4, 2014, and
that said public hearing was properly advertised and that the minutes of said public hearing
are hereby incorporated by reference.
2. That the Subject Property is zoned “PB” Planned Business District. The adjoining properties
are likewise zoned “PB” Planned Business District to east, west and south. The properties to
the west are developed with the St. Clair Animal Hospital and Schnucks. The properties to
the south across Lincoln Highway are developed with a shopping center. The adjoining
properties to the east are developed with a house currently a rental property and an insurance
agency. The adjoining properties to the north are a residential neighborhood zoned R-4
Single Family Residential and are developed with single family homes.
3. That the Subject Property is approximately 27,675 square feet in size.
4. That City Code requires a Development Plan within the “PB” District.
5. That City Code requires changes to properties within the “PB” District to file an Amended
Development Plan.
6. The Applicant is requesting approval to construct a 900 square foot addition on the north side
of the existing structure for use as retail sales area.
7. None of the existing parking facilities or traffic circulation would be affected nor would
additional parking be required.
RESOLUTION PC15-004
Page 1 of 4
8. That the proposed use will/ will not be unduly dangerous or otherwise detrimental to persons
residing or working in the vicinity of the use or to the public welfare.
9. That the proposed use will/will not substantially adversely impair the use, enjoyment, or
market value of any surrounding property.
10. That the proposed use will/will not be hazardous or disturbing to existing neighboring uses.
11. That the proposed use will/will not be served adequately by public facilities and services such
as highways and streets.
12. That the proposed use will/will not create excessive additional requirements at public cost for
public facilities and services, and it will/will not be detrimental to the economic welfare of
the community.
13. That the proposed use will/will not involve activities and uses that will be detrimental to any
persons, property, or the general welfare by reason of excessive production of traffic, noise,
smoke fumes, glare or odors.
14. The proposed use will/will not be consistent with the Comprehensive Plan.
15. That this Development Plan approval allows for the 900 square foot addition to the north side
of the existing structure. Any significant changes on this site not provided for in the site plans
on the Subject Property will require additional review by the Plan Commission and approval
by the City Council.
16. Violation of the terms and conditions as outlined herein will result in revocation of the
permission for an outside display of merchandise. Staff will follow typical procedure of
notification and citation at which time Planning Commission and City Council will also be
notified.
17. That the Permittee shall be responsible for all City costs incurred in administering and
enforcing this Permit.
18. That the Director of Land Use, and his/her designee, shall have the right to inspect the
premises for compliance and safety purposes annually or at any time, upon reasonable
request.
19. That this Development Plan Approval shall automatically expire if the use is not initiated
within one year of City Council approval.
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
___________, and upon vote being taken thereon, the following voted in favor thereof:
RESOLUTION PC15-004
Page 2 of 4
and the following voted against the same:
and the following abstained:
and the following were absent:
whereupon said resolution was declared duly passed and adopted by the Fairview Heights
Planning Commission this the 14th day of April 2015.
Planning Commission Chairman
ATTEST:
Land Use Director
Robert & Mary Bruns, hereby acknowledges receipt of this Permit and that they have reviewed
the conditions of this Permit and have agreed that they will comply with the terms of this Permit.
By:
Its:
STATE OF ILLINOIS)
COUNTY OF
) SS.
)
On this
day of
, 2015 before me, a Notary Public, personally
appeared _______________________, the
of Robert & Mary
RESOLUTION PC15-004
Page 3 of 4
Bruns, under the laws of Illinois, on behalf of the Corporation, to me known to be the person
described in and who executed the foregoing instrument and acknowledged that they executed
the same as their free act and deed.
RESOLUTION PC15-004
Page 4 of 4