MINUTES

DANVILLE PLANNING AND ZONING COMMISSION MINUTES

February 7, 2008

A meeting of the Danville Planning and Zoning Commission was held on Thursday
February 7, 2008, in the Community Room, 17 West Main Street, Danville, Illinois.

MEMBERS IN ATTENDANCE: Ken Cunningham
Robert Boyd
Melody Ehrlich
Mark Goodwin
Chris Hanson
Pat O’Shaughnessy
Tracy Taylor

MEMBERS NOT PRESENT: Dennis Faith

OTHERS IN ATTENDANCE: Chris Milliken
John Heckler

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

Special Use Permit # 192 James Miller is requesting a special use permit to place a mobile home at 22223 N 1525 East Rd. in the A-2 Zoning District.

The petitioner was not in attendance to present the petition – the chairman moved it later on the agenda.

Special Use Permit # 193 – Feddco Inc. is requesting a special use permit to construct and operate a pharmacy at 307-309 S Gilbert St. in the B-2 Zoning District.

Presenting the petition: Fidelis Okeke, the petitioner, is a pharmacist who plans for a Health Mart Franchise that would offer both a pharmacy and a walk in clinic. The clinic would be staffed by a physician and an assistant. There will be a drive up window on the Northwest corner of the building.

Opposition to the Petition: Dave Harby, 301 S Gilbert, questioned drainage issues.

Answering Opposition: Dave Price, realtor, assured the commission that the engineering would comply with all city ordinances.

Department Comments: Christopher Milliken reported that the department received a letter from the property owner at 4 West First Street with concerns about drainage, lighting, and maintenance of the north-south alley. The landscaping, lighting, egress, and storm water aspects will be approved by the building and engineering departments as part of the site plan review process. The department supports the special use request and feels this project would be beneficial not only to South Danville but to the entire city.

Motion made by Pat O’Shaughnessy to approve the request on the grounds of the preliminary finding of facts.

Seconded by Tracy Taylor

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

Motion carried: Special Use Permit # 193 Approved

Discussion on Old Ottawa Road water tower.

Chris Hanson thanked the water company and the residents of the neighborhood for attending. The commission put this item on the agenda as an opportunity for information sharing and the possibility of a resolution that would be satisfactory to all the parties involved.

Tom Bruns, Aqua Illinois vice president and regional manager gave a brief overview of the initial plans, presented a landscaping plan that the water company would supply due to the neighborhood objections to the location, and gave a time line for the project. He reported that in the summer of 07 an alternative site was offered by Aqua Illinois but it was rejected by the neighbors. A handout was distributed with cost estimates for the current location and costs involved in changing the location. Steve Wegman Aqua Illinois engineer was introduced to answer technical questions.

Bill Black spoke concerning his belief that the public should be involved in any changes that would have an impact on future development. Mr. Black stated that he believed the issue was a procedural question of inherent fairness. Because of this issue he is proposing State legislation to have a termination date issued with special use permits, although the new legislation would not impact previously issued special use permits.

Ken Cunningham stated that he felt that the special use would have been denied in 1989 if the projected date of completion was 2008.

Chris Hanson asked if the cost difference was paid to the water company could the tower placement be moved. Tom Bruns reported that it is too late to move, site work is to start the first week of March, a contract has been signed and materials have been ordered.

Fred Danner, spoke concerning a meeting with the city attorney, Mike Frerichs, and Tim Busby. At that time a 3rd party legal interpretation was requested that he did not believe has been received.

Tim Busby, 14267 Old Ottawa Rd, reported that he has no immediate development plans but feels that the planned placement will be detrimental to any future residential development of the immediate area. He agrees that a water tower is needed in the area but is requesting that there be a new public hearing concerning the location because of the residential development that has occurred since the permit was issued in 1989.

Pat O’Shaughnessy questioned why the delay? Tom Bruns stated that this is the last tank planned for the area and there was apparently a change in priorities as to which tanks would be constructed at what time that caused the delay.

Dean Carlton, 3607 Deer Run, feels that there is a better location (Woodbury Hill) and feels that the planned placement will be a detriment to development and knows that once it is constructed it will not be removed so it will remain a development liability.

Chris Hanson questioned rate case scheduling, the cost schedule that was distributed, and what type of vehicles would be used to access the site as well as the frequency of visits to a water tower. Tom Bruns answered that a rate case is pending that includes the costs for the proposed site and that usually a pick up truck visits towers approximately three times a week.

Pat Wolgamot explained that no condition of time was on the original permit and there is no abandonment provision applicable. Revocation clause was not in place in 1989, a new public hearing would not resolve this issue. Changes in city procedures are being researched to eliminate similar situations in the future.

Pat O’Shaughnessy feels that the area has changed because of the development and that this is the only area identified in the comprehensive plan for future residential development.

Susie Danner reported that prospective home sales are adversely affected by the water tower placement.

Tim Busby stated that he feels that the 1989 special use permit violates the intent of the law and again asked for the director to call for a new public hearing.

Chris Hanson made a recommendation to ask the water company to move the water tower to the alternate location that is approximately 1500 feet off of Old Ottawa Road on the Carlton farm. Seconded by Robert Boyd.


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

The recommendation will not be addressed by the city council.

Special Use Permit # 192 – Petitioner was still not present.

Motion made by Mark Goodwin to continue the hearing on special use permit #192 until the next regularly scheduled meeting on March 6, 2008
Seconded by Pat O’Shaughnessy.
Ayes: 7 Nays: 0


Other Business:
• Due to the length of the meeting the zoning revisions and commission rules of practice discussions were moved to the next meeting.

• The Commission was reminded of the educational workshop on Wednesday, February 13 at 12 p.m.; materials for the workshop were distributed.

Meeting adjourned at 7:10 p.m.