City of Moline Plan Commission met Aug. 10.
Here are the minutes provided by the commission:
Present: Billy Allison, Zach Campbell (joined at 4:03 pm), Bill Fitzsimmons, Victoria Graves, Brendan John, Jeff Nelson, Cindy Wermuth
Absent: Cal Lee, Craig Mack, Butch Trevor (tried to join virtually, there were technical difficulties)
Staff: Dan Bolin (City Attorney), Seán Foley, Ryan Hvitløk, Kayla Meister, Irene Mekus
Others: Andrew Dasso, Jeremy Steiner, Alderman Sam Moyer
1. Call to Order
Meeting was called to order at 4:00 pm.
2. Approval of Minutes from July 27, 2022
Motion made by Commissioner Bill Fitzsimmons, seconded by Commissioner Cindy Wermuth to approve the minutes from July 27, 2022. Motion carries unanimously.
3. Public Comment
None
4. New Business
1. Public Hearing – 2022-12-PC a request from Quad Cities Christian Schools for a VARIANCE to ALLOW a GREATER FLOOR RATIO (FAR) OF 0.45 INSTEAD of the MAXIMUM ALLOWED FAR of 0.10, as provided in Section 35-3201.1 of the Moline Zoning and Land Development Code, on property located at 4000 11th St (PIN: 17-17-100-005), which is a 6.08-acre tract of land, zoned “C-2” Conservation District, and improved with an existing institutional building that is intended for future expansion.
Commissioner Vicki Graves opened the Public Hearing.
Seán Foley, City Planner started the Public Hearing by presenting the 2022-12-PC PowerPoint to the Commission and discussed the Staff Report from Dave Tallman, Shive Hattery. The applicant wants to expand the existing Quad Cities Christian School (QCCS) building, which was formally the Blackhawk School. Mr. Foley stated the original size of the property was 7.2 acres; the site has shrunk by an acre since it was originally developed. Mr. Foley proceeded to show the Commission 2022-12- PC site plans. Mr. Foley went over the Approval Criteria in the staff report by Shive Hattery, which indicated the variance is not right. It may be granted to an applicant only if the applicant establishes that strict adherence to the code will result in undue hardship because of site characteristics that are not applicable to most properties in the same zoning district. Mr. Foley goes on to state such variances shall be granted only if the following criteria is satisfied, which Shive Hattery stated on the staff report. Mr. Foley presented the Approval Criteria going into detail on that section, with numbers one through eight to the Commission. Mr. Foley stated in regards to uses which would be institutional indoor that is a permitted use in the “C-2” conservation district. Mr. Foley showed the Commission pictures of the site before turning it over to the applicant.
Principal Architect Andrew Dasso opened up with his statement introducing himself and applicant Jeremy Steiner, Superintendent of QCCS. Mr. Dasso stated to the Commission that this project started in the fall last year working with Russell Construction and Mr. Steiner on a feasibility study with the current and future site. Currently the school is operating at two locations and in the next couple of years; the plan is to combine the two locations. Mr. Dasso stated the current enrollment at QCCS was looked at and that has increased this last year. The projection for future enrollment and the combination of the two schools lead them to this request. Mr. Dasso presented his QCCS attachments to the Commission. The second page showed the analysis of the existing facility and what the average square footage per student is. The third page showed QCCS enrollment projections for the next twenty years, enrollment is increasing and the trends show that the enrollment is increasing. The fourth page showed QCCS expansion and how the data tells them to build. Mr. Dasso mentioned there is a need for the request because the school is increasing enrollment and the combination of the two schools. Mr. Dasso showed the proposed site plan to the Commission. In the short-term plans for QCCS, an immediate need is a new gym and locker rooms, that would be done in phase one. Mr. Dasso stated the request to increase the FAR was made by Mr. Steiner to make sure QCCS could grow on the site in the future years. Mr. Dasso stated that this site plan is current and the next map will show development, by improving the floodway. Commissioner Cindy Wermuth mentioned concerns with future parking. Mr. Dasso stated that firetruck access would be the reason for the proposed parking otherwise there would not be a way to get emergency access. Currently there is not much drop off of children at this site, drop off is occurring more at the church. Mr. Dasso mentioned that this first investment is a big one because water and sewer is on septic. There are no sprinklers in the building and QCCS would have to make those connections with City water, which is half the budget. Mr. Dasso stated 0.45 was suggested to QCCS because that is the next step in the zoning code above the conversation district. The 0.45 FAR will get QCCS where they want to be as far as growth to the site. Mrs. Graves asked, “QCCS is asking for a greater variance than what is required; does that conform to the ordinance?” Mr. Foley stated the ordinance is 0.10 and according to Dave Tallman’s staff report it is granting the applicant this variance request. By granting QCCS the 0.45 FAR it would allow expansion in the future. Commissioner Jeff Nelson asked if they could do something less than the 0.45 FAR tier. Mrs. Wermuth asked why the Commission would not accept what they are requesting. Commissioner Bill Fitzsimmons stated the whole concept here is to allow QCCS to have the facility now and into the future, QCCS is indicating growth is in the future. The idea of granting QCCS the variance, the Commission is allowing this facility to move forward now and in the future. To have QCCS keep coming back is counterproductive, it should either be accepted or not. The Commission needs to look holistically at this site. Mr. Foley stated as far as the minimum landscape surface ratio, that applies to the front set back and that is 0.85. The QCCS has what is called a “500 Year Flood Plan,” QCCS can build on it because it is not a regulated flood plan. Mrs. Wermuth mentioned that there is a flow line there now and that has to be accommodated.
Mrs. Graves requested final comments from the Commissioners. No public comments were submitted.
Mr. Nelson asked out of curiosity is there anything the City needs to do with the county adjacent to the site for notification. Mr. Foley stated the City most likely notified the surrounded county properties. The Geographic Information System (GIS) division included those and the City Staff went ahead and did it. Mr. Fitzsimmons asked is there an Illinois law that you must notify property owners within 150 feet around the surrounding property? Dan Bolin, City Attorney stated the affected area does not have to notify property owners unless there is a local requirement; it depends on the local code. Moline could require extra territorial notice if it wants but there is not a state law requirement. Mr. Foley stated Moline’s code is not that clear on it, City Staff notifies property owners 250 feet to be consistent with other codes and to give it a practical effect to the City’s ordinance. Mr. Fitzsimmons stated if someone came forward and objected then at least the Commission knows they would have been notified.
Mrs. Graves asked for any closing statements by the petitioner and for a motion to be made.
Motion made by Commissioner Cindy Wermuth, seconded by Commissioner Zach Campbell, to approve the variance to allow a greater Floor Area Ratio (FAR) of 0.45 instead of the maximum allowed FAR of 0.10. Motion carried on roll call with the following vote; ayes: Commissioners Nelson, Wermuth, Campbell, Fitzsimmons, and Allison. Commissioner John abstained from the vote.
Mr. Foley stated to the applicant that City Staff would send out a resolution about the approval. The public hearing was closed.
2. Public Hearing – 2022-16-PC to consider an amendment to Sec. 35-3801 of the Zoning and Land Development Code, Adult Use Cannabis Businesses, Uses Permitted in Zones, to permit Cannabis Dispensary uses with a Special Use Permit in the NC zoning district.
Mrs. Graves opened the Public Hearing.
Ryan Hvitløk, CED Director stated that this would be a city-initiated request. Mr. Hvitløk started the public hearing by explaining the request, which is to amend the use table that is in Sec. 35-3801 to allow for cannabis dispensary use with a Special Use Permit in the NC zoning district. Mr. Hvitløk mentioned that there are four overlay districts in the city and presented those on a PowerPoint to the Commissioners. The map illustrated clearly the issue with the uptown area, it appears that there a couple areas that do not fall under the cannabis use. Mr. Hvitløk stated that it seems nonsensible that this overlay district was created and the under lining district does not allow for it. City Staff believe NC zoning district should allow for commercial uses and there would be a requirement to allow for a Special Use Permit. This would still be examined by a property-by-property basis and a traffic study would still be required. Mr. Hvitløk stated the Avenue of the Cities is another one the city is looking at and will call it an oversight. This is a straightforward request and it should correct this oversight. It would not change anything else and allows one per overlay district. Mr. Fitzsimmons stated that the main thing about the cannabis dispensary it started by looking at the city and where would it be logical to place. Once that was figured out, the next step is to fit it in the code. Mr. Fitzsimmons mentioned it was a logical progression, not an error or oversight. It was an overview. Mr. Hvitløk also stated the City Staff looked at all the other zoning districts as well, the ordinance covers everything else and staff does recommend approval of this. If the amendment is approved, it will go to the Committee of the Whole next week for the first reading and then it will go to City Council for the second reading.
Motion made by Commissioner Bill Fitzsimmons, seconded by Commissioner Cindy Wermuth, to approve the amendment to allow Cannabis Dispensary uses in the NC zoning overlay district. Motion carried on roll call with the following vote; ayes: Commissioners Nelson, Wermuth, Campbell, Fitzsimmons, John, and Allison.
5. Old Business
a. Accessory Dwelling Units (ADU) Comments
Mr. Foley stated the ADU comments went to City Council and City Corporate Council will be doing some modifications before the ordinance comes back to the Plan Commission. Mr. Bolin stated that the memo indicated is collecting what feedback received thus far on the draft amendment. It invited more feedback from City Council, not everyone has commented. Mr. Bolin mentioned that the expectation for the ADU would be to collect more feedback, prepare the amendment, and come back to the Plan Commission for a final adoption. Mr. Bolin stated he is not familiar with the detail on the comments that were made on the ADU. Mrs. Wermuth asked would the Plan Commission be able to see the recommended changes to what was sent in and what is being changed to be helpful? Mr. Bolin stated that is something City Staff can do. No action is required now from the Plan Commission.
b. Update on Form Based Code
Mr. Hvitløk stated the consultant is now in the process of finishing the directions memo and it will be posted on the website. Then the consultant will begin drafting the ordinance. Mr. Hvitløk stated that there are a couple meetings coming up in September and October, then a final meeting in late October/November. It will go through the Form Based Code Committee, and then it will open up for public comment, and come through Plan Commission for review and feedback. Mr. Hvitløk mentioned its moving fast and it should be done early next year. Mrs. Graves asked how much feedback there was from the survey that was given. Mr. Hvitløk stated there were about 400 responses and the directions memo will spell that out. It is a very informative memo and once it is finalized, a copy can be sent out to the Commission.
Mr. Fitzsimmons mentioned needing some understanding of where the City Staff is at with the U Haul situation. Mr. Hvitløk mentioned that it’s taking more time as they are getting fully re-staffed and there is a meeting scheduled with U-Haul next week. City Staff will sit down with U-Haul and discuss what the next steps will be. Mr. Hvitløk stated U-Haul would have to come back with a rezoning application. Mr. Hvitløk mentioned to his understanding U-Haul, should not have a certificate of occupancy issued yet, that can be discussed and hammered out in the meeting.
Mrs. Wermuth brought up the Mayoral luncheon on Monday August 22, 2022. Mr. Hvitløk mentioned it is to honor all the Commissioners service to the city.
Commissioner Zach Campbell asked about the art project that was presented months ago. Mr. Foley stated that the Public Art Commission is working on a draft for a Request for Proposals/Qualifications and needs to work with Illinois Department of Transportation (IDOT). The Public Art Commission is making progress every month. Mr. Fitzsimmons asked if the park board looked at the riverfront and responded in any way to developing it as a park? Mr. Foley mentioned he was unsure about that and to check the park boards minutes and agendas. The park board is discussing the skate park, somewhere under the highway bridge and that is being studied now.
Mrs. Graves asked when the old I-74 bridge would come down. Mr. Hvitløk mentioned the old I-74 bridge would come down this December. The Iowa side will be dropped down but the Illinois side will have to be dismantled because of the mussels.
6. Reports and Communications
Mr. Hvitløk mentioned an offer was made to the Land Bank Program Manager and their first day will be September 6, 2022. There is an independent entity called Quad Cities Land Bank Authority that handles housing in the City of Moline and works with members of Rock Island and East Moline. The intent is for the Land Bank Manager to take under used properties and market them to be sold. Mr. Hvitløk also stated that there would be an Economic Development Manager position to be posted by the end of this week and hope to have that person start by October. Mr. Foley mentioned the new Assistant City Administrator started Barry Dykhuizen.
7. Upcoming Business
2022-11-PC, Special Use Permit – Adult Use Cannabis, Public Hearing August 24, 2022 Mr. Foley showed the Commission the site plan on the 2022-11-PC Special Use Permit.
Mr. Foley stated the other upcoming business would be annexations. The city has hooked some properties up that are not in the city with certain utilities. There should be six to eight properties that have agreed to annex into the city and that should be coming to Plan Commission in September. Mr. Foley stated there has not been a notice put out yet for those particular properties. Mr. Fitzsimmons asked if there would be any zoning change involved with these annexations. Mr. Foley stated the properties will be coming into R-2, they are single residential properties. More should be coming into the future as well. Tony Loete, Director of Utilities is working on the involuntary properties where the city surrounds.
Mr. Nelson brought up the approval Trinity 7th street project to build a new physical therapy center. The site plan showed the bike path going from Starbucks to 52nd Avenue and it just ends at the project site. Mr. Nelson mentioned on that site plan it showed that piece would be completed; the last piece did not get finished as the developer specified. Mr. Foley stated it would have to be investigated on what was agreed and is it binding. Mr. Hvitløk stated if that were an approval, the city would send a letter out, very similar to like a zoning violation.
8. Public Comment
None
9. Adjourn
Motion made by Commissioner Bill Fitzsimmons seconded by Commissioner Cindy Wermuth to adjourn. Motion carries unanimously.
Meeting adjourned at 5:10 pm.
http://www.moline.il.us/ArchiveCenter/ViewFile/Item/8273
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