May 26, 2016 - Village of Forsyth, Illinois

AGENDA
REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION
OF THE VILLAGE OF FORSYTH, ILLINOIS
5:30 P.M.
THURSDAY, MAY 26, 2016
VILLAGE HALL, 301 SOUTH ROUTE 51, FORSYTH, ILLINOIS
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES
PUBLIC HEARINGS
PUBLIC HEARINGS INITIAL DISCUSSION CONDUCTED AT VILLAGE HALL, 301 S. RT. 51,
FORSYTH, IL
RECESS MEETING & MOVE TO 104 S. RT. 51, FORSYTH, IL FOR ON-SITE VISIT
(WEATHER PERMITTING)
CALL MEETING TO ORDER & CONTINUE PUBLIC HEARINGS AT 104 S. RT. 51, FORSYTH,
IL (WEATHER PERMITTING)
RECESS MEETING & MOVE BACK TO VILLAGE HALL AT 301 S. RT. 51, FORSYTH, IL
CALL MEETING BACK TO ORDER & CONTINUE PUBLIC HEARINGS AT VILLAGE HALL,
301 S. RT. 51, FORSYTH, IL FOR FURTHER DISCUSSION AND ACTION IN REGARDS TO
REQUESTS
1. Continuation of Special Use Permit Request: U-Haul
U-Haul is requesting a special use permit to allow for truck rentals to occur at Phillips 66, 104 South
Route 51, Forsyth, IL.
2. Continuation of Variance Request: U-Haul (104 S Rt. 51)
U-Haul is requesting a variance to the parking requirements of the Village of Forsyth Development
Ordinance
OLD BUSINESS
NEW BUSINESS
ADJOURNMENT
Agenda
Regular Meeting Of The Planning And Zoning Commission Of The Village Of Forsyth, Illinois
Thursday, May 26, 2016
Page 1 Of 1
MINUTES OF A REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION
FOR THE VILLAGE OF FORSYTH, IL
Held at the Village Hall
April 28, 2016
Call to Order
Planning and Zoning Commission Chairman Bill Busbey called the meeting to order at 5:30 p.m.
Pledge of Allegiance
Roll Call
Upon call of the roll, the following Planning and Zoning Commissioners answered present:
Physically Present:
Regular Commissioners: Bill Busbey, Larry Perkins, Kris Quandt, Scott Spriggs
Regular Commissioners Absent: Dennis Downey, Brandon Janvrin, Matt May
Alternate Commissioners Physically Present: Steve Ragan
Alternate Commissioners Absent: Terry Taylor (late)
Quorum
Also Physically Present:
Attorney Jeff Jurgens, Economic Development Coordinator Emily Prather, Linn Summers, John
Moody, Village Clerk Amy Goodman, Larry & Cheryl Haubner, Rita Singh, Joe & Donna
Wisner
Approval of Minutes
Chairman Bill Busbey referred to the minutes of March 24, 2016 for review. He asked if there
were any corrections or additions needed. None were identified. Commissioner Kris Quandt
moved and Commissioner Larry Perkins seconded to approve the minutes.
Upon a call of the roll, the vote was:
Yeas:
Nays:
Abstain:
Absent:
5 — Bill Busbey, Larry Perkins, Kris Quandt, Steve Ragan, Scott Spriggs
0 — None
0 — None
4— Dennis Downey, Brandon Janvrin, Matt May, Terry Taylor
Motion declared carried.
Village of Forsyth
Planning and Zoning
Commission Meeting Minutes
April 28, 2016
2
Purpose of Meeting
Planning & Zoning Chairman Bill Busbey explained that the Agenda for tonight’s meeting
included four Public Hearings to consider a Special Use Permit request and two Variance
requests and a Text Amendment. The gentleman requesting the Special Use Permit and one of
the Variances was not present. Chairman Bill Busbey moved to Agenda Item #3 and those
wishing to speak were sworn in.
Public Hearing #3
The hearing began at 5:33 p.m.
Economic Development Coordinator Emily Prather presented a Variance request at 382 Loma
Drive to allow driveway to be located within one foot of the side property line. Joe & Donna
Wisner provided a site plan and were present to answer questions.
Petitioner’s Comments Joe Wisner stated that the driveway will be flat with a small slant toward his property for water
drainage. He has talked with the neighbor and addressed her questions regarding the driveway going
with the lay of the land and that they will not dig on her property. The contractor is Tom Adams.
Commissioner Kris Quandt made a motion to recommend approval to the Board of Trustees for
the Wisner’s variance request to be within 1 foot of the side property line for a driveway
addition. This motion was seconded by Commissioner Scott Spriggs. Upon a call of the roll, the
vote was:
Yeas:
5 -- Bill Busbey, Larry Perkins, Kris Quandt, Steve Ragan, Scott Spriggs
Nays: 0 -- None
Abstain: 0 -- None
Absent: 4 -- Dennis Downey, Brandon Janvrin, Matt May, Terry Taylor
Motion declared carried.
Hearing was closed at 5:39 p.m.
Public Hearing #4
The hearing began at 5:45 p.m.
Economic Development Coordinator Emily Prather presented a Text Amendment to the
Development Ordinance proposing changes to the Home Occupations regulations. The first
option was adding regulations to notify adjacent neighbors of a home occupation request within
seven (7) days of a Board meeting. The second option is to completely remove Section D:
Prohibited Home Occupations and those home occupations that are not listed as permitted would
need to go through the text amendment process. The Commission discussed the options and
determined the first option was the best way to proceed. It was suggested to keep the uniformity
Village of Forsyth
Planning and Zoning
Commission Meeting Minutes
April 28, 2016
3
of the wording in the Development Ordinance and 250 feet should be used in place of adjacent
neighbors and provide ten (10) days notice. Another change the Commission recommended was
under permitted use, doctors and dentists and other licensed practitioners will be stricken and
included with clinics and hospitals as a prohibited use.
Commissioner Kris Quandt made a motion to make the two changes as discussed. This motion
was seconded by Commissioner Larry Perkins. Upon a call of the roll, the vote was:
Yeas:
5 -- Bill Busbey, Larry Perkins, Kris Quandt, Scott Spriggs, Steve Ragan
Nays: 0 -- None
Abstain: 0 -- None
Absent: 4 -- Dennis Downey, Brandon Janvrin, Matt May, Terry Taylor
Motion declared carried.
Hearing was closed at 5:55 p.m.
Public Hearing #1
The hearing began at 5:56 p.m.
Economic Development Coordinator Emily Prather presented a Special Use Permit and Variance
requests continued from previous meetings at the Phillips 66 Station to allow U-Haul rentals.
Petitioner’s Comments Rita Singh, owner of the Phillips 66 was in attendance and is requesting a U-Haul business with two
trucks and two trailers to be parked behind the station in the four existing parking spaces.
Planning & Zoning Commission Chairman Bill Busbey discussed the measurements he and Linn
Summers made of the proposed trucks and parking spaces. Rita Singh stated that her current
proposal would be that the trucks and trailers would be parked parallel to the back wall of the
building. The lines marking the locations would be repainted. This is a new proposal and the
Commissioners agreed a drawing and description of exactly what the Petitioner is proposing with
exact measurements will need to be presented. This subject will not be reviewed again until the
new proposal has be delivered to the Village.
Cheryl Haubner Cheryl Haubner, owner of the Old Book Barn presented pictures of the area and expressed her
concern with traffic and parking and noted it is very dangerous. Parking was discussed and it was
noted that the Commission cannot control the parking situations in the two lots. Rita Singh
stated that she maintains the parking lot for her building and pays the real estate tax.
Alternate Terry Taylor joined the meeting at 6:03 p.m.
Commissioner Kris Quandt made a motion to table Agenda items #1 and #2 until the May 26th
meeting so the applicant could submit complete information. This motion was seconded by
Commissioner Steve Ragan. Upon a call of the roll, the vote was:
Village of Forsyth
Planning and Zoning
Commission Meeting Minutes
April 28, 2016
4
Yeas: 5 -- Bill Busbey, Larry Perkins, Kris Quandt, Scott Spriggs, Steve Ragan
Nays: 0 -- None
Abstain: 1 -- Terry Taylor
Absent: 3 -- Dennis Downey, Brandon Janvrin, Matt May
Motion declared carried.
Hearing was closed at 6:10 p.m.
Old Business
None
New Business
None
Next Meeting
Chairman Bill Busbey announced that the next regular Planning & Zoning Commission meeting
would be May 26th at 5:30 p.m.
Adjournment
Commissioner Scott Spriggs moved and Commissioner Kris Quandt seconded that the meeting
be adjourned. The meeting was adjourned at 6:15 p.m. by voice vote.
Amy Goodman
By: ____________________________
Village Clerk
Reviewed by William F. Busbey
P&ZC Chairman on 29April2016
Staff Summary
May 26, 2016
Agenda Item # 1 Public Hearing
REPORT TO:
Planning and Zoning Commission
FROM:
Emily Prather, Community & Economic Development Coordinator
SUBJECT:
Continuation Of Public Hearing And Potential Action Regarding The Special Use
Permit Request For 104 South Route 51 – U-Haul
BACKGROUND:
This is a continuation from previous month’s meetings where U-Haul is requesting to
allow truck and trailer rentals to occur on the Phillips 66 property at 104 South Route
51. U-Haul representative Terry Johnson has stated that U-Haul would like to have 2
trucks and 2 trailers on-site, and would be willing to place them anywhere on the site
that the Commission would feel would be the best placement for them. Mr. Johnson
provided us with pictures of some of the U-Haul trucks/trailers on the site so the
Commission could get a feel for how they would fit in different locations on the site.
The largest vehicle that would be placed on the property would be the 10’ truck which
has a total length of 19’11” and they would most likely only have one of those available
on the property and the other truck type would be either the cargo van or pickup truck.
The longest a trailer would be including the hitch is 18’ so 2 trailers should be able to fit
in what the Village regulates for a standard parking space size of 9’x18’.
The public hearing notice was published in the Decatur Herald and Review on February
10, 2016 according to Illinois Code.
Mr. Johnson is also planning on having some trucks and trailers parked on-site available
for the Commission to review on the meeting day either during the meeting time or if
the weather is bad the Commission can drive around the site prior to the meeting.
COMPREHENSIVE PLAN:
The Comprehensive Plan notes there are opportunities to add new in-fill development
and redevelop underutilized or vacant sites to continue to evolve Forsyth’s commercial
base.
RECOMMENDATION:
Commissioners should review the request based on the Special Use Permit standards
and if the standards have been me have reason to approve the request. Staff suggests if
the Commission were to approve the Special Use to add some conditions as to where
the U-Haul trucks/trailers can be parked on site and potentially make a condition that UHaul parking directional signs be added to those specific spaces. The Commission could
also limit the amount of spaces to 4 parking spaces and state that signage would only be
permitted on the existing monument sign with the proper sign permit applied for and
approved by the Building Inspector
Village of Forsyth 301 South Route 51 Forsyth, IL. 62535 Phone: 217-877-9445 Fax: 217-877-9863
Special Use Permit Standards:
(1)
The Planning and Zoning Commission shall not recommend, nor the Village Board approve a special use, unless it
shall find, based upon the evidence presented to the Planning and Zoning Commission in each specific case, that the
special use:
(a) Will be harmonious with and in accordance with the general objectives of the Comprehensive Land Use Plan
and/or this Ordinance.
(b) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity, and that such use will not
alter the essential character of the same area.
(c) Will not be hazardous or disturbing to existing or future neighborhood uses.
(d) Will be adequately served by essential public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water, sewers, and schools, or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately any
such services.
(e) Will not create excessive additional requirements at public cost for public facilities and services, and will not
be detrimental to the economic welfare of the Village of Forsyth.
(f) Will not involve uses, activities, processes, materials, equipment, and/or conditions of operation 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.
(g) Will have vehicular approaches to the property which shall be so designed as to not create an undue
interference with traffic on surrounding public streets or highways.
(h) Will not increase the potential for flood damage to adjacent property, or require additional public expense
for flood protection, rescue, or relief.
(i) Will not result in the destruction, loss, or damage of natural, scenic, or historic features of major
importance to the Village of Forsyth.
(2)
The special use shall, in all respects, conform to the applicable regulations of the district in which it is located,
except as such regulations may be modified, in each instance, by the Village Board, pursuant to the
recommendations of the Planning and Zoning Commission.
Village of Forsyth 301 South Route 51 Forsyth, IL. 62535 Phone: 217-877-9445 Fax: 217-877-9863
Phillips 66
04/16/2014
*Original requested location
10ft Moving Truck Rental - https://www.uhaul.com/Trucks/10ft-Moving-Truck-Rental/TM/
9ft Cargo Van Rental - https://www.uhaul.com/Trucks/Cargo-Van-Rental/BE/
8ft Pickup Truck Rental - https://www.uhaul.com/Trucks/Pickup-Rental/BP/
Trailer Rental - https://www.uhaul.com/Trailers/
Staff Summary
May 26, 2016
Agenda Item # 2 Public Hearing
REPORT TO:
Planning and Zoning Commission
FROM:
Emily Prather, Community & Economic Development Coordinator
SUBJECT:
Continuation Of Public Hearing And Potential Action Regarding The Variance
Request For 104 South Route 51 – U-Haul
BACKGROUND:
U-Haul has requested a variance to the parking regulations to allow four U-Haul vehicles
to be parked on the Phillips 66 property without having to provide any additional
parking spaces at 104 South Route 51. The plans for the Book Barn Addition PUD show
they provided 67 parking spaces for the uses on the two lots. The Final Plan for the PUD
does not show direction of traffic for the site and also has a different layout for the
parking than what exists today. Today it appears to have around 70 parking spaces on
the site. With the addition of a U-Haul business, some of these parking spaces would be
taken up which is why a variance request was determined to be needed.
When computing the total parking spaces that would be needed for the uses on those
properties, I came up with the following:
• Gas Station Use:
10 parking spaces
3/1,000 sq ft
• Restaurant Use:
16 parking spaces
1/3 person capacity
• Book Barn Retail Store Use:
48 parking spaces
4/1,000 sq ft
• Warehouse Storage Use:
10 parking spaces
1/2,000 sq ft
Total 84 parking spaces
Based on my calculations above, the site does not currently have enough parking spaces
for what our Parking Regulations state in the Development Ordinance and is short
approximately 14 parking spaces.
The public hearing notice was published in the Decatur Herald and Review on March 8,
2016 according to Illinois Code.
COMPREHENSIVE PLAN:
The Comprehensive Plan notes there are opportunities to add new in-fill development
and redevelop underutilized or vacant sites to continue to evolve Forsyth’s commercial
base.
RECOMMENDATION:
Commissioners should review the request based on the Variance standards and if the
standards have been met have reason to approve the request.
Village of Forsyth 301 South Route 51 Forsyth, IL. 62535 Phone: 217-877-9445 Fax: 217-877-9863
Variance Standards:
(1)
The Planning and Zoning Commission shall not recommend and the Village Board shall not vary the provisions of
this Ordinance, unless the applicant can establish that carrying out the provisions of this Ordinance would create a
practical difficulty or particular hardship. The applicant seeking a variance has the burden of identifying a specific
practical difficulty and/or particular hardship. Further, in making the determination that a practical difficulty or
particular hardship exists, the Planning and Zoning Commission and Village Board of Trustees must find that the
applicant has established the following:
(a) Special or unique circumstances exist that are unique to the property seeking the variance (examples of
special circumstances include, but are not limited to the physical character of the land or buildings,
dimensions, topography, and soil conditions); and
(b) The special circumstances are not of so general or recurring a nature throughout the entire Village as to
make it reasonably practical to provide for a general regulation; and
(c) Strict application of the Development Ordinance will deprive the applicant of rights and/or uses commonly
enjoyed by other owners of property in the immediate area under the regulations of this Development
Ordinance; and
(d) The authorization of such variance will not be of substantial detriment to adjacent property and the granting
of the variance will not change the character of the district; and
(e) The variance is the minimum variance that will make possible the reasonable use of the property, building, or
structure.
(2)
The Commission may recommend denial of and/or the Village Board may deny an application for a variance if
evidence is submitted and substantiated demonstrating any of the following:
(a) The need for the variance was created by the applicant or another party with an interest in the property;
(b) The granting of the variance will impair neighboring property values; and/or
(c) The granting of the variance will cause substantial detriment to the public good.
Village of Forsyth 301 South Route 51 Forsyth, IL. 62535 Phone: 217-877-9445 Fax: 217-877-9863