City of Effingham Plan Commission met July 9.
Here is the minutes provided by the commission:
MEMBERS PRESENT:
Mark Thies
Brad Meinhart
Cindy Vogel
Client Spruel
Alan Harris
MEMBERS ABSENT:
Dave Storm
Rob Macklin
Jeff Staser
Brian Hayes
OTHERS PRESENT:
Tracy A. Willenborg, City Attorney Michelle Wilkins, Building Official
Jeremy Heuerman, Director Department of Public Works Greg Koester, Civil Technician/Subdivision Administrator Michael Tappendorf, Milano & Grunloh Dawn Schabbing, Effingham Daily News Greg Sapp, WXEF Kim Gammon, Court Reporter See Attached List
1. Quorum and Approval of June 11, 2019 Minutes: The July 9, 2019, City Plan Commission Meeting was called to order at 6:00 P.M. A quor motion by Commissioner Meinhart, seconded by Commissioner Harris, the minutes for the June 11, 2019 meeting were approved by unanimous vote, as presented.
Preliminary and Final Plat for Butler Supply Subdivision, Effingham, Illinois:
Greg Koester, City Engineering Technician and Subdivision Administrator, presented the Preliminary and Final Plat for the EBS Subdivision No. 2, and recommended approval of the Preliminary Plat as presented, subject to the following:
1. Signatures of the developer and owner on the Preliminary Plat.
Mr. Koester further recommended approval of the Final Plat as presented, subject to the following:
1. Submission of the Certificate of Platting, mylar of the Final Plat, filing fee and recording fee;
2. Approval by IDOT with regard to roadway access;
3. A statement to be included in the Certificate of Platting to address the non-conforming setbacks for the existing accessory buildings on proposed Lot 1; and,
4. Parking Agreement as approved by City Director of Department of Public Works.
On motion by Commissioner Vogel, seconded by Commissioner Meinhart, the Preliminary and Final Plat for Butler Supply Subdivision, was approved by a 5 to 0 vote, subject to compliance with the above-referenced items regarding the Preliminary and Final Plat.
3. Public Hearing on Petition to Rezone from Class NU, Non-Urban District, to Class R-3C, Multiple-Dwelling District, East and North of 14018 E. 1100th Avenue (Airport Road) - 14 Mile East of US 45/Banker Street, Effingham, Illinois, filed by Petitioners, Billy G. Genaust and Florence E. Genaust:
Billy G. Genaust, Petitioner, appeared to testify in support of the Petition for Rezoning. Mr. Genaust advised the Commission that the petitioners are trying to sell the Subject Property, being an approximately 18.15 acres tract, which the Petitioners previously separated off a larger tract that included the Petitioners' house and sheds. The Petitioners have had two prior offers on the Subject Property. The first offer they received in 2017 from Bohnoff & Emmerich, who wanted to buy it but it was not zoned to allow for the construction of residential homes. Mr. Genaust testified that Bohnoff & Emmerich are now building houses in Dieterich, Illinois, just as fast as they can go. The second offer, was in 2018, from the Alliance Group. Mr. Genaust testified that again, the sale did not go through because of the zoning on the property, and developing the property would cost too much, that they did not end up purchasing the property. Mr. Genaust testified that they bought the Subject Property approximately 50 years ago. Mr. Genaust testified that he is getting older, his wife is dealing with health concerns, and his son is legally blind, so there is no one left to take care of the Subject Property. Mr. Genaust advised that he would like to sell the Subject Property while he still can.
Mr. Genaust stated that there might be questions or concerns regarding the location of the Subject Property being located near the airport. Mr. Genaust testified that they moved onto their home property, being adjacent to the Subject Property in 1941, and the airport was built in 1946. Mr. Genaust further testified that since 1946 until 2019, either he or his father, farmed the Subject Property, as well as property owned by the airport, or subleased the property for farming.
Mr. Genaust testified that their home property, is located on the south side of Airport Road (Note: Mr. Genaust's residential property is located on the north side of Airport Road). Mr. Genaust testified that the jets that utilize the airport come in from the east, and the only time they see lights is when the jets turn at the end of the runway, when they go to get gas. Furthermore, Mr. Genaust testified that the noise from the jets, is very little, and that there might be a little more rumble from the older jets, but that the noise does not last over 30 seconds. Mr. Genaust testified that the noise from the newer jets is more or less just a whisper. Mr. Genaust testified that the noise generated from the airport, actually, is very little. Mr. Genaust said that the prop planes do create a little noise, as well. Mr. Genaust stated that, in his opinion, the noise from street traffic, makes more noise than what is generated from the air traffic. Mr. Genaust stated that the Subject Property actually starts on the north side of airport road, and is approximately 14 mile from the landing strip at the airport, with some parts of the Subject Property being a long way from the airport.
Mr. Genaust testified that water and sewer is available to the Subject Property, located at the end of Professional Avenue, which adjoins the Subject Property. Mr. Genaust further testified that any person that could live at the Subject Property would be within 10 to 15 minutes from any business in Effingham. Mr. Genaust felt that this would be a nice option for a person who might build a house on the Subject Property.
Mr. Genaust mentioned an article in the Daily News referencing the residential development occurring in Dieterich, Illinois. Mr. Genaust testified that it seems like we cannot get this type of residential development here, in the City of Effingham, but places like Altamont, Dieterich, and Teutopolis are building homes.
Mr. Genaust further made mention that he was actually the youngest pilot to get a license to fly a plane and he has had several different planes in his life.
Mr. Genaust reiterated that he would like to sell the Subject Property while he still can, and that his wife and son are not able to take care of the property.
Mr. Genaust advised the Commission that he did go out and ask a bunch of people to assist him, and he received 44 signatures in support of his request to rezone the Subject Property.
James Nieman appeared to testify in support of the Petition. Mr. Nieman testified that Mr. Genaust is his friend, and Mr. Genaust asked that Mr. Nieman speak to the Commission on his behalf. Mr. Nieman further testified that he wears a lot of hats, one being that he serves on the Chamber of Commerce Board of Directors. Mr. Nieman advised that the Chamber of Commerce constantly hears that the area has more jobs than people, and that the City does not have affordable housing. Mr. Nieman, in his opinion, feels like the rezoning of the Subject Property, might be an opportunity to not only help Mr. Genaust, but also be an opportunity to expand affordable housing to keep workers close.
Mr. Nieman further testified that he serves on the Airport Commission. Mr. Nieman stated that they are working on an expansion of the airport at this time, and he knows that Jeremy, the City Director of the Department of Public Works, has expressed a concern that the rezoning of the Subject Property might interfere with the proposed expansion. Mr. Nieman, however, testified that he does not, personally, see a problem with the residential zoning impacting the expansion. Mr. Nieman advised that they are looking to expand the runway from 5,100 feet to 6,000 feet, on the east end of the main runway. This expansion would accommodate jets, the size that Heartland Dental is utilizing. Mr. Nieman gave a general synopsis of the density altitude needs of this larger type of jet. Mr. Nieman testified that Heartland Dental cannot get their jet out of the runway right now with full fuel, hence the need for the runway expansion. Mr. Nieman testified that the FAA and IDOT have looked at the proposed expansion, that they have the information to justify the expansion, but, like everything else in government, the concern is finding the money to finance the proposed expansion. Mr. Nieman further testified that they think they may have secured some federal funding to finance the improvements. Mr. Nieman testified that they have done the layout plan, and they are getting ready to do an environmental study, as well as an artifact study. Mr. Nieman, reiterated that he did not believe the proposed rezoning and development of the Subject Property would impact the proposed expansion of the airport.
Mr. Nieman further testified that they have received zero complaints from neighbors relative to noise from takeoffs and landings, and that the only complaint he has ever received, was received in his role as County Chairman, and a property owner complains about the crop dusters flying too low.
In response to questioning by Commissioner Harris regarding the direction of the proposed expansion of the airport, Mr. Nieman confirmed that expansion would occur to the east of the current runway.
In response to questioning by Commissioner Thies regarding the timeframe for the construction of the proposed expansion to the airport, Mr. Nieman testified that they are looking at construction in 2023, but depends on when they secure financing.
Kim Rhodes appeared to testify in support of the Petition. Ms. Rhodes testified that she and Mr. Genaust have been co-workers and friends for years. Mr. Genaust is up there in age, and he desires to sell the property. Ms. Rhodes testified that everyone has been talking about affordable housing, and she is of the opinion that the Subject Property is an ideal location to construct a residence, due to it being located so close to town. Ms. Rhodes testified that the airport is not that big, where it would cause a lot of problems. Ms. Rhodes further testified that if residential housing were built next to the airport, it would be someone's choice to live next to the airport. Ms. Rhodes stated that if they put a subdivision on the Subject Property, she believes that it would fill up with affordable housing, and that the development would be a win-win for the City and County.
No one appeared in opposition to the Petition for Rezoning.
Jeremy Heuerman, City Director of the Department of Public Works, appeared and testified. In response to questioning by City Attorney, Tracy Willenborg, Mr. Heuerman testified that the Subject Property is zoned NU, Non-Urban District, and is utilized for agricultural purposes. Mr. Heuerman further testified that the property to the north of the Subject Property is zoned NU, Non-Urban District, and is utilized as an agricultural field; the property to the south of the Subject Property is zoned NU, Non-Urban District and is developed with the Effingham County Memorial Airport, and the east/west runway of the airport; the property to the west of the Subject Property is zoned M-1, Light Industrial, and developed with single-family residences and agricultural fields, and further to the northwest is some commercial uses, including F.E. Moran and an investment center; and the property to the east of the Subject Property is zoned NU, Non-Urban District, and developed with a single-family residence and agricultural fields. Mr. Heuerman testified that the Comprehensive Plan, and future land use map, designates the Subject Property for future industrial development. Mr. Heuerman further testified that the Petition and proposed development is not in conformity with the future land use map.
Mr. Heuerman passed out copies of the City of Effingham future land use map and transportation map, which are part of the Comprehensive Plan. These maps were introduced and made a part of the record. Mr. Heuerman testified that the future land use map was updated by the City in 2017, and the transportation map was updated in 2006. Mr. Heuerman testified that the area near the airport is colored purple, and depicts the proposed future industrial land use, with this proposed industrial land use being around the entire north edge of the airport, with commercial development being proposed in the future in the area toward Route 45. Mr. Heuerman thereafter asked the Commission to look at the transportation map, and testified that down near the airport there is actually, an area shown in orange dots and lines, which depicts a proposed collector road or major upgrade. Mr. Heuerman further testified that a proposal to extend Fourth Street, from Jaycee south to the Airport Road, to serve as a major collector, has been in the City's Comprehensive Plan for a number of years. Mr. Heuerman testified that this proposed extension would hit the edge of Professional Park and go directly through on the west side of the Subject Property. Mr. Heuerman testified that the Comprehensive Plan was originally adopted by the City is 1954, and has been updated numerous times through the years, with the most recent full comprehensive plan update being done in 1995. Mr. Heuerman advised that within that comprehensive plan it includes a section about land use surrounding the airport, as well as noise levels generated from air operations, which can be expected to increase as the airport grows. Mr. Heuerman advised that Mr. Nieman did speak about the proposed runway expansion at the airport, which would allow additional aircraft to use the airport. Mr. Heuerman testified that he believes the expansion to be a good thing, and the City hopes to see the airport expand and grow, but with the expansion and growth comes more noise pollution levels and volume of planes utilizing the airport over the course of a day. Within the Comprehensive Plan, it specifically provides the uses to put near the airport, and what not to put near the airport.
Mr. Heuerman read from portions of the Comprehensive Plan, which provides: "In order to comply with FAA safety requirements, it is recommended that land use around the airport be restricted to uses compatible with the facility... as such, surrounding uses shall be restricted to agricultural, industrial, and commercial type uses. Noise levels generated by air operations can be expected to increase with new improvements and increased activity level. Generally, uses which result in large concentrations of people should not be permitted in a runway approach zone and departure areas. Residential developments, schools, churches, and hospitals should not be located near an airport facility because they are noise sensitive." Mr. Heuerman testified that the City has also looked at other sources from the FAA website, including articles on land use compatibility. Mr. Heuerman stated that these articles identify studies conducted around the nation as to what types of uses should be allowed around an airport. Mr. Heuerman further stated that the findings of these studies mirror what is included in the City of Effingham Comprehensive Plan, as he previously stated, in that the uses should be limited to more commercial and industrial uses, and that residential uses are not a typical sought out development that should be used around airports.
Mr. Heuerman suggested that the Plan Commission keep in mind that if they rezoned the property, they would be setting the trend in the area. Mr. Heuerman advised that there is currently no properties with R-3C zoning in the area surrounding the Subject Property, and that there is no residential zoning within the area. Mr. Heuerman testified that there is non-urban zoning in the area, but this is limited for properties that are two acres or more and farms. Mr. Heuerman reiterated that when there isn't a specific type of zoning classification in an area, a rezoning could set the trend for residential development in the area if the Petition is approved.
Mr. Heuerman thereafter suggested that the Commission allow a continuance of the public hearing, which would allow the City to obtain written official statements from the airport board, as well as possibly from the County, regarding their position on the requested rezoning and development. Mr. Heuerman advised that he is on the agenda to discuss the matter with the airport board the morning following this public hearing. Mr. Heuerman stated that if the airport board is in favor of the proposed rezoning and development, getting a letter from the board should not be an issue. Mr. Heuerman further stated that he would also like to talk to the airport board to ensure that they understand the potential long term impact in allowing residential in the area including, but not limited to, its impact on future grants, future expansion of the airport, etc.
Mr. Heuerman testified that the City did speak to Rob Waller, with Hanson Engineers, who is the engineer for the airport board. Mr. Heuerman testified that Mr. Waller is also on the Plan Commission for the City of Springfield. Per Mr. Heuerman, Mr. Waller expressed a concern with putting residential development, and really any kind of development near an airport, or its detention, including dry detention ponds or retention bonds, because these detention/retention areas attract wildlife, including migratory birds. Mr. Heuerman suggested that this wildlife issue is a factor that they look at when planning development around an airport. Mr. Heuerman testified that the City would like to seek out Mr. Waller's professional opinion relative to development in the area around the airport.
City Attorney, Tracy Willenborg, advised the Commission regarding its options relative to the City's request to continue the public hearing.
In response to questioning by the public regarding the location of other residential areas around the airport, Mr. Heuerman testified that the other residential areas referenced by the member of the public are not zoned or included within the extra territorial district. As far as the residential areas to the east and south, those have been in place for years, and the Subject Property is much closer to the terminal to the airport, and he is further concerned with the potential residential use being continuous to industrial zoning, as well as the requested rezoning being inconsistent with the Comprehensive Plan.
In response to questions by the public regarding industrial development in the area since 1954, Mr. Heuerman testified that while he cannot speak to what was present in 1954, he assumes that much of what has been developed has been since 1954. Mr. Heuerman testified that some of the more recent development in the area includes Mette's Cabinet Corner, including Mette's recent expansion, the storage warehouses, as well as the homesteads of Mr. Genaust and the homesteads to the west. In response to
further questioning whether there has been any appreciable amount of industrial development, Mr. Heuerman responded that there hasn't been an appreciable amount of any development in that area. Mr. Heuerman stated that this issue is one the Plan Commission must focus upon, that being what is the highest and best use of the property.
In response to questioning by City Attorney, Tracy Willenborg, relative to the use of the Subject Property for agricultural purposes since 1954, Mr. Heuerman confirmed that the Subject Property has been utilized for agricultural purposes.
In response to questioning by Commissioner Meinhart regarding the future land use map for the Subject Property and the surrounding areas, Mr. Heuerman identified the Subject Property on the future land use map, as well as the designation of the Subject Property within the area proposed to be developed for either industrial and commercial uses. Mr. Heuerman further provided clarification relative to the difference between the future land use map and current zoning classifications for properties. Mr. Heuerman testified that there is industrial zoning to the west of the Subject Property. The Subject Property, as well as property to the east, are zoned Non-Urban District, but that the future land use map identifies the properties for either commercial or industrial uses. Furthermore, the future land use map identifies how the City wishes to see property developed around the area. In response to questioning by City Attorney Willenborg regarding the future land use map, Mr. Heuerman confirmed that the future land use map allows for controlled growth so that incompatible uses are not developed amongst one another, including looking at trends in the area and where industrial and residential uses should be allowed to be developed.
In response to questioning by Commissioner Meinhart regarding when the future land use map was developed, Mr. Heuerman testified that the future land use map was updated two years ago.
Mr. Billy G. Genaust reappeared and offered rebuttal testimony. Mr. Genaust testified that they hear a lot about the need for more housing, and this Subject Property would fit the need for additional housing. Mr. Genaust further testified that the Subject Property would be a great place to put residential development, due to its location.
Mr. Genaust further mentioned a previous transaction he had with the City, wherein he granted a property interest to the City for Professional Avenue in 1998. He believed, at the time, that he was only granting a temporary easement to the City, but he recently found out that he had somehow signed a warranty deed. Mr. Genaust testified that he only received $10.00 for the property. Per his discussions with a surveyor, the property was worth much more, being worth somewhere between $5,500 and $7,500.
A discussion was conducted among the Commissioners in open session. The Commission confirmed that they would like to hear additional testimony on the rezoning at the August 13, meeting. This would allow the County Board and Airport Commission an opportunity to meet with the City.
Therefore, on motion by Commissioner Meinhart, seconded by Commissioner Spruell, by a 5 to 0 vote, the Commission continues the hearing to give the City staff an opportunity to meet with the County Board and Airport Commission.
Public Comment: None.
5. On motion by Commissioner Meinhart, seconded by Commissioner Harris, the meeting was adjourned.
https://go.boarddocs.com/il/voeil/Board.nsf/files/BETJ894BD3AC/$file/7.9.19%20Minutes.pdf
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