Rock Island Today

City of Kewanee Plan Commission met Oct. 25.

Here are the minutes provided by the commission:

Honorable Mayor and City Council 

The Plan Commission convened on October 25, 2023 in City Council Chambers, at 401 E Third Street commission members Costenson, Smith, Hodge and Silva were absent. For business, there were two cases to be heard. 

Case Number 1: 

Parcel 20-34-151-012 Located at 814 E. 2nd St., Request to rezone from R-4 Two-Family Dwelling District to B-3 Business & Wholesale District. 

Property Owner: CHAMBERLAIN, TINA M, 24805 COUNTY HIGHWAY 28 KEWANEE IL 61443. 

Address: 814 E 2nd St. 

Legal Description: LOT 1 BLK 6 LAKEVIEW ADD CITY OF KEWANEE, Henry County, Illinois. Location: On the North side of the 800 block of E. 2nd St. 

Dimensions: 64 feet East to West, 160 feet North to South Area: 10240 Square feet. 

Existing buildings or uses: Vacant parcel. 

Current Zoning District: R-4 Two-Family Dwelling District. 

Surrounding Zoning: R-4 Two-Family Dwelling District to the Sout, East and Northeast, R-5 Multiple Family Dwelling District to the West, B-3 Business & Wholesale District to the North. Existing Land Use: High Density Residential. 

Proposed Land Use Map: High Density Residential. 

Background Information: 

On September 15, 2022, I observed a land use/zoning violation on the subject property. The property is zoned residential, and Chamberlain had several vehicles stored openly on the parcel. I sent Chamberlain a notice of violation which advised using the property for storage of vehicles is not lawful on residential property. The property was re-inspected on October 13, 2022 and was found to be in compliance. 

I had conversations with Chamberlain advising if they wished to use the land as a storage yard, they would need to request a Rezoning to B-3 as well as a Special Use Permit through the Plan Commission and City Council. 

On February 14, 2023, I observed that Chamberlain had placed vehicles upon the subject property again. I sent another notice of violation and re-inspected on February 22, 2023 and found the property to be in compliance. 

On August 17, 2023, I again observed that Chamberlain had placed vehicles upon the property and, as before, I sent another notice of violation. I re-inspected the property on September 6, 2023 and found the property still in violation of the city zoning ordinance. Because this violation seems to be habitual, I forwarded the case to the City Attorney for legal action. 

Staff Research: 

It should be noted that the land located at 813 E. 3rd St. (which is located across the alley North of the subject property) was rezoned to B-3, Ordinance 3688 passed by the City Council on November 28, 2011. The request to rezone 813 E. 3rd St. is "spot zoning" which is not recommended. This parcel is surrounded by residential zoning on all sides which places one single parcel zoned differently on all sides. The question of the gas station located at the Southeast corner of East and Third Street may come up. The gas station is zoned R-5 Residential and was in existence prior to the City of Kewanee adopting the zoning codes in 1960. This makes the gas station Lawful Nonconforming (grandfathered). Once the gas station ceases to be a gas station, the parcel will lose its nonconforming status and will become residential as indicated on the zoning map. If one looks at the "Existing Land Use" map in the Comprehensive Plan (CP), you will notice that the gas station parcel is marked as "Commercial" even though the zoning map shows it as residential. With that in consideration, if you look to the "Future Land Use" map in the CP, you will see that the gas station parcel is marked as "High Density Residential". 

Why is this important? 

§ 33.094 POWERS AND DUTIES. 

The Plan Commission shall have the following powers and duties: 

(A) (1) To prepare and recommend to the City Council a comprehensive plan of public improvements looking to the present and future development and growth of the city. Such a plan, after its adoption by the Council, will be known as the Official Plan of the city. 

When looking at the future land use map in the CP, the CP removed the Commercial use from the gas station parcel making the entire block High Density Residential. Removing the Commercial use from the future land use map isn't necessarily right or wrong, but it is what is in the current CP right now. This is a fact that should have been considered when the "spot zoning" of 813 E 3rd St. was considered. 

When considering the current request to rezone 814 E 2nd St, it is recommended that the Plan Commission and the City Council consider the CP. Changing the plan for this area may be something that the Plan Commission and City Council will want to entertain to encourage business growth in this area. If the rezoning is granted, the Plan Commission and City Council should consider amending a larger area of the zoning and land use maps West towards N. East St. 

The Public hearing: 

At 5:30 p.m. on October 25, 2023 the hearing for the requested Special Use Permit began. Tina and Joe Chamberlain were present to support the petition. 

• Sellers called the meeting to order. 
• Milroy made a motion to consider the rezoning request. Hasse 2nd the motion. 
• Edwards reviewed the case background information with focus on the existing and future land use map from the Comprehensive Plan along with the current Zoning map. Edwards explained that if the Plan Commission recommends granting this rezoning request, then moving forward, the Plan Commission will need to consider amending the existing and future land use maps in the Comprehensive Plan and the Zoning map as discussed in the packet. 
• There was a brief discussion explaining the difference between the maps. Edwards explained that changing these maps has the potential to affect several residents in the area starting with the houses south of the gas station in the 200 block of N. East St. along the East side of the road. These houses would be changed from residential to business zoning. 
• Milroy asked if this happened and someone sold their house, would it be able to continue as a single-family dwelling? 
• Edwards said it can continue as a single-family dwelling until it stops being used as a single-family dwelling or if the dwelling is removed for whatever reason. 
• Hasse pointed out that there are commercial uses on the maps further to the North on East St. which are also spot zoned. 
• Edwards said he did not know the history of those properties being spot zoned but added that spot zoning is something we need to avoid and try to fix as we are able to moving forward. 
• The topic of the house that used to be on the subject property came up. Edwards pointed out there was a house on the subject property that was demolished several years ago. Chamberlain would not be able to park vehicles or equipment in that area unless the area is excavated and filled with properly compacted material. Kuffel asked if the subject property could be combined with Chamberlain's other property on East Third St. 
• Edwards advised that the parcels are separated by a city alleyway. 
• Kuffel asked if the alley could be closed. 
• Edwards said that is an entirely different process but believes there are utilities in the alley that would prevent that from happening. 
• Tina Chamberlain spoke in support of the rezoning application. She stated that they want to park their tree removal vehicles, taxis, and other equipment and vehicles on the subject property which would give them additional space for parking at their business on East Third Street. Chamberlain said she employs 12 people and needs additional space for employee parking. She added that a neighbor has asked that they keep the head lights from shining in their windows. By adding parking on the subject property, Chamberlain believes it would help eliminate this complaint. Chamberlain added that the extra space will help with lining vehicles up for the Hog Days Parade. She added that previous owners had parked things there in the past. 
• Joe Chamberlain said that whenever there is heavy rain, the North portion of the subject property floods and supplied pictures of the flooding to the Plan Commission. Chamberlain said they will build that area up with C6 or millings to make an improved parking surface. 
• James Hopkins (210 N East St) spoke in favor of the rezoning request. Hopkins stated that he'd like to see Chamberlain fill the area in to get rid of the flooding problem. Hopkins said if Chamberlain pays taxes on the property, he should be able to do whatever he wants on it. 
• Edwards stated that there are Zoning Laws that must be complied with. Kuffle stated that he agreed with having to obey the Zoning Laws. 
• Freddy Walker (823 1⁄2 E 2nd St, Address looked up and does not exist. Believe he meant 3rd St) spoke in favor of the rezoning request. Walker said he has no issues with the request. 
• Walt VerVynck (802 E 2nd St) spoke in favor of the rezoning request. VerVynck said he parked on the subject property back when he owned it and never had a problem. Lee Wright (316 E 3rd St, Address looked up and does not exist), spoke in favor of the request and has no issues with it. 
• Kuffel asked if Joe Chamberlain plans to construct other buildings. 
• Joe Chamberlain said not at this time. Chamberlain added he would not classify his request as open storage and said that open storage is more like across from O'Reilly's on Main Street where a towing company has wrecked vehicles parked. Chamberlain said that every place they go in town they have a problem with the zoning code but nobody else has problems and he could show the Commission several properties that are in violation. Chamberlain said there are people that run businesses out of their residential properties that have not been rezoned. Chamberlain added that nobody wants to file complaints because of retaliation. 
• Hopkins stood up and stated that Chamberlain plows the alley and fixes potholes in the alley as needed. 
• Kuffel said that he doesn't want to prevent a business from growing but also wants to make sure that things are done right and that zoning laws are complied with. 
• Joe Chamberlain said that he had another property in town that he had problems with and spent $20,000.00 on a lawyer who told him to sell his building and move out of that town because they don't want your business. 
• Kuffel said he spoke to some of the neighbors and said he didn't receive any negative feedback. 
• Sellers said that she has a concern with the spot zoning and how we are doing business and thinks that more information may be needed concerning the amendments needed for the comprehensive plan and zoning map. Kuffel agreed with Sellers. 

Recommendation: 

The Plan Commission recommends, by a vote of four in favor, one opposed, four absent, to grant the rezoning of 814 E. 2nd St. from R-4 Two-Family Dwelling District to B-3 Business & Wholesale District. 

Case Number 2: 

Parcel 20-34-151-012 Located at 814 E. 2nd St., Request for a Special Use Permit to allow an automobile, truck, utility trailer, tractor, or bus storage yard, operable vehicles only. 

The property information in this case is identical to case number one above. This Special Use Permit request should only be granted if the rezoning request in case number one is granted. 

Chamberlain wishes to use the empty parcel located at 814 E 2nd St. to park vehicles and equipment on as indicated in their narrative. 

At the end of this section are the three criteria that must be satisfied prior to recommending a Special Use Permit granted. If granted, directly below is a set of suggested stipulations that might be placed on the Special Use Permit as requested. 

1. The Special Use Permit is granted to Tina Chamberlain, only, and is not transferable to any successor property owners. 
2. All future work requiring permits shall only be performed after first acquiring the required permits and all inspections shall be requested and performed as required by Kewanee City Codes. 
3. (Six or Eight) foot privacy fence shall be installed, after receiving an approved fence permit from the city and shall be kept in good repair, appearance and maintained in full compliance with Chapter 158 of the Kewanee City Code. 
4. All activities associated with this Special Use Permit to operate an automobile, truck, utility trailer, tractor, or bus storage yard, operable vehicles only shall be conducted in full compliance with the Kewanee City Code and the laws and regulations of the State of Illinois. 
5. Any violations of the terms and conditions of the Special Use Permit are subject to review and possible revocation by the Plan Commission and City Council. 

Special Use Permit Criteria (155.157 C) 

(1) That the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience, and will contribute to the general welfare of the neighborhood or community; 

(2) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity, and 

(3) That the proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the Council. 

The Public hearing: 

At 5:58 p.m. on October 25, 2023 the hearing for the requested Special Use Permit began. Tina and Joe Chamberlain were present to support the petition. 

• Sellers called the meeting to order. 
• Kuffel made a motion to consider the Special Use Permit application. Hemphill 2nd the motion. 
• Edwards discussed the Special Use Permit request and explained the suggested stipulations with focus on the fence stipulation. 
• Joe Chamberlain said that he doesn't want a fence stipulation because they are near Fairview and with Fairview there's a lot of trouble. Chamberlain said when the police come to Fairview and someone runs and hides, he has concerns about whoever is being chased by the police will jump inside the fence and hide on his property. 
• Joe Chamberlain said it's not going to be a storage yard; it's just going to be where they park their work vehicles and equipment and trailers. 
• Hasse said he has concerns about inoperable or broken-down pieces of equipment sitting openly on the land where residents have to look at it for long periods of time. 
• Edwards pointed out that the Special Use as applied for allows for operable vehicles only and that any violation of the Special Use Permit would result in the case being brought back to the Plan Commission to revoke the permit. 

Recommendation: 

The Plan Commission recommends, by a vote of five in favor, none opposed, four absent, to grant the Special Use Permit to allow an automobile, truck, utility trailer, tractor, or bus storage yard, operable vehicles only. 

• Sellers asked for a motion to consider the stipulations. 
• Hasse made a motion to consider the stipulations. Milroy 2nd the motion. 
• Edwards read the recommended stipulations. 
• There was discussion concerning the need to improve the ground surface of the parcel such that vehicles don't create ruts or sink into the ground. 
• Joe Chamberlain expressed concerns about water drainage and asked questions about the City's storm sewer system. 
• Edwards said that whatever Chamberlain decides to do for a parking surface, he should stay in good communication with the Public Works Department so there doesn't become a drainage issue. 
• Hasse said he would like to see a stipulation added that states a properly graded and compacted parking surface shall be provided and to coordinate with the city to provide proper drainage to not cause a water runoff issue for neighboring properties. 
• Hasse said that he would like to remove the fence stipulation for now and if it becomes an issue in the future, we can bring it back to amend the stipulations and add it back if necessary. 
• Sellers said that she agrees that the fence stipulation should be removed for now stating that she believes it could be a safety concern. 
• There was general discussion concerning fences around certain businesses and not around others. 
• Edwards stated that there may be businesses without fences that existed prior to the current fence code being adopted. Therefore, those businesses would be lawful non-conforming. 

Recommendation: 

The Plan Commission recommends, by a vote of five in favor, none opposed, four absent, to place the following five stipulations on the special use permit. 

1. The Special Use Permit is granted to Tina Chamberlain, only, and is not transferable to any successor property owners. 
2. All future work requiring permits shall only be performed after first acquiring the required permits and all inspections shall be requested and performed as required by Kewanee City Codes. 
3. A properly graded and compacted parking surface shall be provided to the satisfaction of the City and shall be done in such manner as to not cause a water runoff concern to neighboring property including the City right of way. 
4. All activities associated with this Special Use Permit to operate an automobile, truck, utility trailer, tractor, or bus storage yard, operable vehicles only shall be conducted in full compliance with the Kewanee City Code and the laws and regulations of the State of Illinois. 
5. Any violations of the terms and conditions of the Special Use Permit are subject to review and possible revocation by the Plan Commission and City Council. 

There be no further business the meeting adjourned at 6:28 p.m.

http://cms5.revize.com/revize/kewanee/Plan%20Commission%20Minutes%2010252023.pdf