City of Moline Plan Commission met Jan. 25.
Here are the minutes provided by the commission:
Present: Victoria Graves, Billy Allison, Zach Campbell, Brett Carter, Cindy Wermuth Absent: Craig Mack, Jeff Nelson, Butch Trevor, Craig Loken
Staff: Seán Foley, Ryan Hvitløk, Irene Muñoz, Janine Hollembaek Parr & Savanna Cruz
Others: Wesley Arnold, Danyelle Pinkerton, Candelario Solis-Luna, Mohan Kumar, John Laerman, Martin Strickler, Tracy Strickler, & Esmeralda Guerrero (Virtual)
1. Call to Order
Chair Victoria Graves called the meeting to order at 4:01 pm.
Chair Victoria Graves’s first order of business was to have Commissioner Brett Carter sworn in to the Plan Commission. City Clerk Janine Hollembaek Parr swore Commissioner Carter in as the new Plan Commissioner.
2. Approval of Minutes from January 11th, 2023
Motion made by Commissioner Cindy Wermuth, seconded by Commissioner Brett Carter to approve January 11th minutes. Motion carried unanimously.
3. Public Comment –none
4. Public Hearing – Chair Victoria Graves swore in all participants who were speaking before the Commission
i. 2022-22-PC: Special Use Permit for an auto-body shop, 317 55th St. Seán Foley presented the Staff Report for case 2022-22-PC to the Commission. Applicant Candelario Solis-Luna of Luna Automotive Transformations requests Plan Commission approval of a Special Use permit to a allow Minor Vehicle Repair and Maintenance in an existing commercial building at 317 55th Street. During the time Mr. Foley was taking pictures of the property, he noticed a car blocking the alley, and informed the applicant that cannot be permitted, and the Commission would need to add that as a condition of approval for the Special Use Permit. Mr. Solis-Luna approached the podium to explain his use of the property and business to the Commission. Mr. Solis-Luna stated the business has been open since 2012 and the old landlord had passed in 2022 and Cheryl Baumann is now the current landlord. Commissioner Cindy Wermuth questioned whether the parking in the alley is going to be an issue. Mr. Solis-Luna replied that it was not a normal circumstance and they do not park there regularly. Chair Victoria Graves had a question for city staff, as to whether the type of work that is happening at the auto body shop falls within vehicle repair maintenance, minor. Mr. Foley stated they did not go inside the building at the time of the pictures being taken, but it had been explained to the applicant prior as to what can be done within the use of the special use permit. Commissioner Cindy Wermuth also included that no parking in the alley should be included in the proposal. Commissioner Brett Carter asked if there has been any violations with the business since 2012. Mr. Foley replied that there had been no zoning violations. There was no additional comment from the public or the applicant.
Chair Victoria Graves suggested a motion to approve the Special Use Permit for an auto-body shop located at 317 55th Street with the conditions given to the Plan Commission in the Staff Report along with the addition of no parking the alleyway. Motion was made by Commissioner Brett Carter, seconded by Commissioner Zach Campbell. Motion was carried unanimously.
ii. 2022-28-PC: Rezone O-1 to B-3, 7002 John Deere Pkwy.
Mr. Foley presented the Staff Report for case 2002-28-PC to the Commission. This is a rezoning to enable a creation of a dance studio. The owners are Mojo Associates, Inc., and prospective owner, Mo Dance Company, LLC. They are requesting the rezoning go from an “O-1” Office to a “B-3” Community Business District. But Staff recommends downgrading from a “B-3” Community Business District to an “NC” Neighborhood Center rezone to maintain the transition in current zoning. Commissioner Cindy Wermuth questioned if changing the rezone from an “O-1” to a “NC”, instead of a “B-3”, would the applicant be able to do what they intend to use the property for. Mr. Foley stated yes because they both permit entertainment indoor. Commissioner Wermuth added that the building has a hillside that is eroding. Mr. Foley said that the hillside is not a zoning issue, it would be more of an environmental issue. Commissioner Wermuth also asked if there would be an issue with parking, as it is intended for a dance studio, but also for an event center. Mr. Foley replied this is a case for rezoning and not a special use permit, so we cannot decide on the issue of parking in this case. Commissioner Brett Carter wanted to clarify that the “NC” zone would be able to operate a dance studio. Mr. Foley confirmed that was correct. Commissioner Billy Allison asked if the lot bordering the two potential rezoning lots would stay an “O-1”, Mr. Foley stated that was correct. Applicant Mohan Kumar approached the podium to state his case of the reclassification of zoning from an “O-1” Office to a “B-3” Community Business District. Mr. Kumar introduced his self as the co-owner of the property. When he listed the property, he wanted to know what his best bet would be to sell the property. He couldn’t find anyone interested in office space. He found someone interested in a dance studio. Mr. Kumar is wanting to buy the 3rd lot attached to the two lots he currently owns and make extra parking space there. He said he likes the “B-3” zoning and thinks in the future it would be better because across John Deere Road is “B-3” zoning and they would have more flexibility. Commissioner Cindy Wermuth stated that across the street is a different area than where he is currently located because he is next to a residential area on his side of the street, and he is also rezoning for what he currently has planned for the property, not the future. Chair Victoria Graves also expressed her concern about zoning a “B-3” next to a residential area. Mr. Kumar left the podium and Wesley Arnold approached on part of the Mo Dance Company, LLC. Mr. Arnold stated parking is not an issue for guests. Usually have about 30 people there at once and 100 tops and parking is more than adequate. Chair Graves included that with a “B-3” zoning, the noise could become a problem to the near residents. Ms. Danyelle Pinkerton approached the podium and introduced herself as a co-owner of Mo Dance Company, LLC. She said they would be happy to amend the rezoning from “O-1” Office to “NC” Neighborhood Center. Ms. Pinkerton stated were under the impression it wasn’t a possibly to rezone to an “NC”, that is why they didn’t request that in the beginning. Mr. Mohan Kumar agreed to amend the rezoning from “O-1” to an “NC” instead of “B-3”. Mr. Foley requested Mr. Kumar sign the Public Hearing to agree to the amendment.
Commissioner Billy Allison made a motion to approve the amended rezoning request from “O 1” Office to “NC” Neighborhood Center. Commissioner Brett Carter seconded the motion. Motion carried unanimously.
iii. 2022-29-PC: SUP for a major home occupation (salon), 5016 44th Ave.
Mr. Foley presented the Staff Report for case 2022-29-PC to the Commission. Martin and Tracy Strickler request Plan Commission approval of a Special Use permit to operate a Major Home Occupation (Salon) business, offering skin and nail care services in an existing residence, located at 5016 44th Avenue in the Heritage Second Addition residential subdivision. Staff did not have any recommendations as long as they can meet the standards for a major home occupation. The petitioners, Martin and Tracy Strickler approached the podium to explain their special use permit case. Mrs. Strickler currently has a store front business called The Nails Keeper in Moline, established in 2017. She has had a successful clientele, but business has never recovered from Covid-19. The store is still open, but they are barely making it with expenses, so they want to downsize to a smaller salon in their home. Commissioner Cindy Wermuth had some questions. She asked about how many people would be in the salon at one time, and would there be another room for parking. She was also curious on how they would fumigate the smell of the chemicals the nail salon would have. Mr. Strickler answered that Mrs. Strickler would be working by herself, so there would only be one client at a time and there would be enough room for parking, as they have a driveway and can also park in front of their home. As for venting, Mr. Strickler declared there would be two windows with venting on the south side with about 100 feet of distance to the home behind them and will not vent through to the neighbors’ on the side. Commissioner Brett Carter asked what the hours of business would be. Mr. Strickler replied the first appointment would be 8:30 a.m. and the last appointment would take place at 4 p.m. Commissioner Billy Allison questioned if they checked the fire code as it looks like there was only one way out from the salon. Mr. Stickler confirmed there would be a second exit in the front they could go through. Commissioner Zach Campbell asked how many chairs they would have in the salon. Mrs. Strickler replied one chair and one table. Mr. Foley pointed out that the petitioners had mapped out 264 square feet of salon use, but they are only limited to 200 square feet for the major home occupation special use permit. Mr. Strickler replied he could take some space off the west side of the salon. An audience member, Esmeralda Guerrero, was viewing the meeting virtually. She is the next door neighbor and had some concerns, such as the venting of smell and parking as well. Commissioner Wermuth informed her that the Commission had discussed the issues and they were to be taken care of. Chair Victoria Graves also clarified that in the Moline Code of Ordinances, there are regulations relating to a requirement that there be no odors at or beyond the property line, so if there were detectable odors, Ms. Guerrero could contact the City of Moline for appropriate action.
Commissioner Cindy Wermuth made a motion that the Commission approve the special use permit as noted with Mr. Sean Foley confirming the permit shall expire in 10 years from the date of approval, unless renewed or extended, with the City Attorney, otherwise as staff has listed. Commissioner Zach Campbell seconded the motion. Motion carried unanimously.
5. Old Business
Mr. Ryan Hvitløk stated the Electric Vehicle Ordinance was included in the Plan Commission’s packet and he would like confirmation that the Commission was comfortable moving to a Public Hearing on February 22nd. There was no objection from the Commission to move forward to a Public Hearing on February 22nd.
6. New Business
Attendance Policy
Chair Victoria Graves stated that in July of 2022, there was an ordinance change that added an attendance requirement of commissioners and board members to miss no more than 4 meetings per year. Chair Graves raised a question with Legal Counsel regarding the application to the Plan Commission because the Plan Commission has specific provisions in the bylaws. So she is still discussing the policy with them. Chair Graves disclosed the July Ordinance also created the opportunity for members who are personally ill/disabled, unable to attend do to work, and family emergencies to attend the meeting remotely.
7. Reports and Communications
a. Director’s Report(s)
Mr. Ryan Hvitløk had an update on the Accessory Dwelling Units ordinance that had its second reading at City Council on January 17th. City Council made five amendments to the ordinance and are hoping to finalize the ordinance at the February 7th City Council meeting. Mr. Hvitløk also included the City of Moline has hired a Rental Housing Coordinator, Holly Jackson, and Moline Public Works Director, Mike Doi, will be presenting the Rental Housing Program to City Council in the month of February. Another topic Mr. Hvitløk voiced was that the City Council was working on a resolution for a new Tax Increment Financing (TIF) district. It is a project based TIF district. He continued with TIF news that they are also working with Renew Moline on the JCPenney building. There will be about 24 apartments being developed in the building. Mr. Hvitløk’s last topic was regarding the dispensary on the Avenue of the Cities. They received clearance for the tenant finish.
b. Upcoming Applications
i. 2022-27-PC: Rezone R-2 to NC, 918 4th Av. – February 8th
ii. 2022-30-PC: Rezone B-3 to B-3/PUD, 4902-5000 Ave of Cities – February 8th iii. 2022-31-PC: SUP for drive-up banking, 3153 Ave of Cities – February 8th
8. Upcoming Meetings
Next Plan Commission Meeting is Wednesday, February 8th, 2023
9. Public Comment -none
10. Adjournment
Motion made by Commissioner Zach Campbell, seconded by Commissioner Cindy Wermuth to adjourn. Motion carried unanimously. Meeting adjourned at 6:03 pm.
http://www.moline.il.us/ArchiveCenter/ViewFile/Item/8715
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