MINUTES

DANVILLE PLANNING AND ZONING COMMISSION MINUTES

May 1, 2008

A meeting of the Danville Planning and Zoning Commission was held on Thursday
May 1, 2008, in the Community Room, 17 West Main Street, Danville, Illinois.

MEMBERS IN ATTENDANCE: Ken Cunningham
Robert Boyd
Dennis Faith
Susan Lindeman
Pat O’Shaughnessy
Tracy Taylor

MEMBERS NOT PRESENT: Melody Ehrlich
Mark Goodwin
Chris Hanson

OTHERS IN ATTENDANCE: Christopher Milliken
John Heckler

Chairman Ken Cunningham called the meeting to order at 5:15 p.m.

Approval of the minutes of the April 3, 2008 Meeting - Pat O’Shaughnessy made a motion to approve the minutes as presented. Seconded by Dennis Faith. The minutes were unanimously approved.

Rezoning Petition # 217- Anthony & Nicole Dye are requesting the zoning of 104 Porter St be changed from R-2 Single Family Residential to B-2 Highway Business for the purpose of opening an automotive detailing business.
Petitioner: Anthony Dye explained that he appreciated the opportunity to come before the Commission and present his petition again. He felt that this has been an educational process for himself and felt he was even better prepared to proceed with his project now that he has had to go thru the process again. Mr. Dye indicated he had spoken to the surrounding neighbors once again and they were much more supportive this time around. He is aware that the neighbor to the North at 106 Porter St still has some issues that he wanted addressed, but he had spoken with him and they are in agreement on what he should do to address these issues.

Commenting on the Petition: Burdett Johnson, 106 Porter St. acknowledged that he was one of the neighbors that signed a letter in support of the rezoning. He also spoke concerning his conversations with Mr. Dye, specifically that if Mr. Dye agreed to put up a chain link fence between the two properties, grade the new parking lot for the new business so that it doesn’t drain onto his property and muddy his driveway, and put a new gutter on the back of his building at 104 Porter St so that water doesn’t drain off of that roof and onto his property that he fully supported the petition.

Questions or Comments from the Commission:
Mr. O’Shaughnessy questioned whether or not there was an easement between the two properties. The Department responded that they did not believe there was an easement at that location. Mr. O’Shaughnessy also questioned the petitioner on whether or not he would have any problems complying with the three requests made by Mr. Johnson.

Petitioner’s response: Mr. Dye indicated that he understands the concerns and that he would have no problem addressing the three requests made by the neighbor.

Department Recommendation:
Christopher Milliken reported that this time around most of the neighbors that had expressed opposition to Mr. Dye’s original petition back in July of 2007 have signed a letter in support this time around. He indicated the Department received a few calls from neighbors seeking more information on the petition, with only one caller, from a property owner on the West side of Alexander St, still expressing some concern as to what affect the rezoning might have on the surrounding neighbors. Mr. Milliken indicated that the because the Ordinance does not specifically require a fence to be constructed by the property owner that a condition should be placed on the rezoning that a fence be installed on the north side of the property by the property owner prior to the business opening. He explained that the rezoning is in conformity with the Comprehensive Plan and that it does not seem feasible at this time to use the property for any other purposes. He indicated the Department supports the petition and wishes Mr. Dye well with his business if the rezoning gets final approval.

Motion made by Tracy Taylor to approve the petition as presented with the condition that a fence is erected on the North side of the property prior to the business opening and that the finding of fact be adopted as presented.

Seconded by: Pat O’Shaughnessy

Roll Call: Yes: Cunningham, Boyd, Faith, Lindeman, O’Shaughnessy, & Taylor
No: None
Abstain: None
Absent: Ehrlich, Goodwin, & Hanson

Motion carried: Zoning Petition #217 recommended for approval

Zoning Ordinance Revision: Mr. Milliken spoke concerning the ongoing zoning ordinance revision process. The notification of surrounding property owners and/or tenants was discussed. Currently only property owners within 250’ are required to be notified. Alderman Candido and a few petitioners in the past have inquired as to why tenants are not also notified concerning zoning issues to be brought for hearing. The Commission concluded that since there has never been a real problem in the past and property owners are the ones that have their property values at stake, the notification of tenants was not necessary and that the current procedures should be maintained. Additionally, the timing of zoning requests being forwarded to the City Council was discussed. Currently petitions must be forwarded to the next Council meeting with the Council taking final actions with 45 days of the Commission’s recommendation. The Commission recommended that the Ordinance be changed to allow the Department the flexibility to have a request forwarded either to the next Council meeting or to a Council meeting within 20 days. The Council would still have 45 days from the date of the Commission’s recommendation to take final action.


Campus Corridor TIF District Creation: General information on Tax Increment Financing and the proposed Campus Corridor TIF District was distributed and a brief explanation of the need and purpose of this TIF was provided to the Commission.


The meeting was adjourned at 5:47 p.m.