East Central Reporter

City of Effingham Plan Commission met Oct. 10.

Here are the minutes provided by the commission:

MEMBERS PRESENT: Brian Hayes

Dave Storm

Mark Thies

Cindy Vogel

Theresa Hillyer

Michael McHugh

Ken Wohltman

Kevin Gouchenouer

MEMBERS ABSENT: Clint Spruell

OTHERS PRESENT: Tracy Willenborg, City Attorney

Luke Thoele, City Engineer

Greg Koester, City Planner

Greg Sapp, WXEF

Gary Maninfior, Maninfior Reporting

1. Quorum and Approval of September 12, 2023 Minutes: The October 10, 2023, City Plan Commission Meeting was called to order at 6:00 P.M. A quorum was present. On motion by Commissioner Wohltman, seconded by Commissioner Storm, the minutes for the September 12, 2023 meeting were approved by unanimous vote, as presented.

2. Preliminary and Final Plat for Replat of Hidden Hills Subdivision to the City of Effingham, Illinois:

Greg Koester, City Planner, presented the Preliminary and Final Plat for Hidden Hills Subdivision, and recommended approval of the Preliminary Plat as presented, subject to the following:

1. Signatures of the owner and surveyor on Preliminary Plat;

2. Waiver of the 50 foot right of way line width requirement for Lots 37, 38 42, and 43; and,

3. Waiver of the double frontage restriction for Lots 12, 29 and 30, with a provision to prevent access to Evergreen Avenue on the Final Plat.

Greg Koester, City Planner, further recommended approval of the Final Plat as presented, subject to the following:

1. Signatures of the owner and surveyor on Preliminary Plat;

2. Submission of the Certificate of Platting;

3. Waiver of the double frontage restriction for Lots 12, 29 and 30, with a provision to prevent access to Evergreen Avenue on the Final Plat;

4. Submission of the mylar of the Final Plat and copies, filing fees, and recording fees; and,

5. Bonding for infrastructure improvements.

On motion by Commissioner Storm, seconded by Commissioner McHugh, the Preliminary and Final Plat for Hidden Hills Subdivision, was approved by an 8 to 0 vote, subject to compliance with the above-referenced items regarding the Preliminary Plat and Final Plat.

3. Public Hearing on Petition to Rezone from a Class B-2, General Commercial District to a Class M-1, Light Industrial District and a Petition for a Special Use Permit to authorize the operation of a Car Wash in the M-1, Light Industrial District, 305 E. Fayette Avenue, Effingham, Illinois, filed by Petitioner, Resin Networks, Inc., a Delaware corporation and by Owner, Lisa J. Koester:

Ms. Cassandra Rommel appeared, on behalf of Petitioner, Resin Networks, Inc., to testify in support of the Petition. Ms. Rommel testified that she and her partner own the Petitioner, Resin Networks, Inc. They are seeking to develop a recycling center in Effingham. Their business will recycle aluminum cans and clear plastic bottles. Customers can bring these materials to the proposed recycling station and be paid out in cash for the recycled materials.

Ms. Rommel testified that they first visited Effingham in May and had an opportunity to meet with a few City officials and community members. After visiting the community, they feel like this will be a great place to pilot the proposed business.

Ms. Rommel testified that they are wanting the business to be centrally located to make it accessible for customers to recycle. Customers will access the station using a QR Code. They are also planning to utilize the existing drive-through area on the Subject Property to make it easier to access. Ms. Rommel advised that they propose to update the curb appeal of the existing building on the Subject Property, including new paint on the exterior, new landscaping, and new signage. Ms. Rommel testified that all recyclable materials will be stored indoors and that any customer that leaves materials outside will be banned from utilizing the facility in the future. Ms. Rommel further testified that for security purposes, they will be installing motion sensing lights and outdoor security cameras.

Ms. Rommel testified that the building on the Subject Property will be demolished by IDOT as part of the Fayette Avenue widening project. Therefore, they will only have a fixed timeframe at this location to validate their business model, as well as locate a more permanent location. Ms. Rommel advised that she hopes that the operation of the facility on the Subject Property will give the City an opportunity to get to know them and their business model before they seek a new permit for a permanent location.

In response to questioning by Commissioner Thies regarding the containers at the facility, Ms. Rommel advised that they accept crushed or uncrushed recyclable materials. Customers will pull up to the facility and put materials into large drawers, which are approximately 2 feet wide and 2 feet tall.

In response to questioning by City Attorney, Tracy Willenborg, Ms. Rommel requested that the Petition and the exhibits attached to the Petition be made a part of the record.

In response to questioning by Commissioner McHugh, Ms. Rommel confirmed that the Subject Property will not be the permanent location of the recycling center due to the eventual demolition of the building as part of the IDOT project.

In response to concerns expressed by Chairman Hayes regarding outside storage of materials, Ms. Rommel advised that the crushed materials will be moved to a trailer that is located in the back of the building, by air vac. When the trailer is full, the trailer will be moved, and a new trailer will be put in place.

In response to questions from Chairman Hayes regarding the trailers, Ms. Rommell testified that the recyclable materials will be separated and there will be two separate trailers for the materials in the back of the building.

In response to questions from City Attorney Willenborg regarding the types of materials to be separated, Ms. Rommell testified that one type is aluminum cans and the other type is clear plastic bottles.

In response to questioning by Commissioner McHugh regarding the plan for waste that is not recyclable, Ms. Rommel testified that any material that is not recyclable will be sent to the landfill and the customers will be sent a reminder that only recyclable materials can be accepted at the facility.

In response to questioning by Commissioner Hillyer regarding the plan for any liquids that are still in the containers put in for recycling, Ms. Rommel advised that the facility is waterproof, and liquids will be contained and cleaned out of the facility.

In response to questions from Chairman Hayes regarding the manner in which contamination materials are diverted, Ms. Rommel testified that the facility is able to identify non-recyclable materials by cameras at the facility. This material will initially be picked out manually, with a goal of eventually being picked out electronically.

In response to questions from Commissioner Thies regarding staffing of the facility, Ms. Rommel testified that they will have someone that comes in and does periodic maintenance of the facility on an as-needed basis. At first, it will just be she and her partner that will be responsible for the work on the facility.

In response to questioning by Commissioner McHugh regarding the capacity of the facility, Ms. Rommel testified that the capacity is the size of the trailers being utilized. Ms. Rommel testified that they realistically believe that it will take a few weeks to fill each trailer.

In response to questioning by Commissioner Thies regarding whether the Petitioner has any other recycling center locations or whether the Petitioner is aware of any other similar facilities, Ms. Rommel advised that this is the Petitioner’s first planned location. Ms. Rommell further testified that these types of facilities are located in state’s that utilize a can refund program, like in Oregon and Iowa.

No one appeared to testify in opposition to the Petition.

City Planner, Greg Koester, appeared and testified that the Petitioner is seeking to rezone the Subject Property from B-2, Light Industrial District to M-1, Light Industrial District, as well as a special use permit authorizing a recycling center on the Subject Property. Mr. Koester testified that the Subject Property is currently zoned B-2, Light Industrial District and is developed with a vacant 650 square foot commercial building. Mr. Koester advised that he previously spoke with the owner of the Subject Property, Lisa Koester, who advised that she has had difficulty leasing or renting the building due to the upcoming Phase 2 of the Fayette Avenue Project.

In response to questioning by City Attorney Willenborg, Mr. Koester testified that it is necessary for the property to be rezoned M-1, Light Industrial District to issue a special use permit to allow the proposed recycling center.

In response to further questioning by City Attorney Willenborg, Mr. Koester further testified that all of the properties surrounding the Subject Property are zoned B-2, General Commercial District. The properties to the north of the Subject Property, located between 2nd and 1st Street, are developed with a laundromat, a non-conforming single-family residence and garage, as well as an insurance office. The properties to the south and east of the Subject Property are where the former Boos Butcher Block facility was located, which was demolished leaving the parcel unimproved. Mr. Koester further testified that the old NAPA building is also located immediately east of the Subject Property. The property to the west of the Subject Property is developed with the Gabby Goat Bar & Grill.

In response to questioning, Mr. Koester testified that the Comprehensive Plan designates the Subject Property for commercial uses and he is of the opinion that the requested rezoning and special use is sort of in conformity with the Comprehensive Plan. The proposed recycling facility, due to the size of the facility, is not necessarily an industrial use. Furthermore, Mr. Koester testified that the temporary nature of the proposed use of the Subject Property support the proposed use not being deemed an industrial use.

In response to additional questions, Mr. Koester testified that while the proposed special use and development of the property could possibly have a negative impact or be injurious to the other uses in the area of the Subject Property, any possible issues can be mitigated if certain measures, being recommended by City staff are put in place. More specifically, Mr. Koester advised that the City is recommending that the following conditions being placed on the special use permit:

1. A requirement that the Petitioner construct and maintain an 8-foot solid stockade fence on the south line and the east line up to the back of the NAPA building;

2. The special use permit would expire on the first of the following to occur:

a. The Petitioner ceases operation of the recycling center on the Subject Property for more than 30 calendar days;

b. IDOT acquires and takes possession of the Subject Property, or any portion thereof; or,

c. December 31, 2024;

3. Strict compliance with requirements as stated in Paragraph 28 of Article 26 of Appendix B of the Municipal Code of the City of Effingham.

Mr. Koester testified that after IDOT takes the property, or any portion thereof, any remainder of the property will be undevelopable for any type of industrial or commercial use due to the size of the Subject Property.

Mr. Koester further advised that the City’s Comprehensive Plan does make mention of recycling and encourages recycling. The Petitioner is proposing a small, test pilot location, and will possibly develop a larger location somewhere else. Mr. Koester testified that he personally thinks that the proposed recycling center would be a good fit for the Subject Property given the short period of time that it will be located on the property to see if something like this will work in Effingham.

In response to questioning by Commissioner Thies regarding the person responsible for ensuring that the property will be maintained, Mr. Koester advised that both he, as City Planner, and the Building Official will be responsible for enforcement of the City’s regulations, as it relates to the proposed recycling center.

In response to questioning by Commissioner Thies regarding whether the City has concerns with the proposed trailers parked on the Subject Property, Mr. Koester advised that he understands that the trailers will be parked behind the building. Mr. Koester advised that due to the fencing requirement, the Petitioner may have to seek permission from the City to access the property from the back rather than accessing the property from the front. Commissioner Wohltman agreed given the diameter needed to rotate semis.

Commissioner Wohltman inquired whether the zoning of the Subject Property can revert back to B-2, General Commercial District. Mr. Koester advised that while the special use permit can be revoked or expire, the Subject Property will have to be rezoned. City Attorney Willenborg confirmed that the City can place restrictions and conditions on special use permits, but applicable law restricts conditions being placed on rezoning of property.

In response to questioning by Commissioner Hillyer regarding whether there are any other recycling centers in the City, Mr. Koester advised that the Methodist Church has recycling bins on its property. Mr. Koester advised that McMann Recycling and Davis Recycling previously operated recycling centers but both businesses are no longer in business. Mr. Koester further advised that Effingham T & T also has a recycling center, but this location is outside the City’s extraterritorial jurisdiction.

In response to concerns expressed by Commissioner Hillyer regarding whether people can enter the building at night, Mr. Koester advised that he understands that the bins are locked and do not open without scanning a QR code.

The hearing was closed and a discussion was conducted among the Commissioners in open session.

Chairman Hayes stated that the proposal is viable. Commissioner Storm concurred and stated that recycling is a problem that Effingham has not been able to address. Commissioner Storm further stated that he understands that this facility is temporary and will give an opportunity to see if something like this will work in Effingham. Commissioner Storm stated that while it might not be in conformity with the Comprehensive Plan, the temporary nature of it makes it fit, as well as recommended conditions to mitigate any negative impacts.

Commissioner Thies mentioned that the property has been for sale for a period of time.

Commissioner Vogel stated that while she does not like to carve out zoning, this request is temporary.

The Commissioners concurred that any possible negative impacts will be mitigated if conditions were placed on the use.

After due consideration and the evidence presented, the Commissioners made the following findings and recommendations:

1. THE SUBJECT PROPERTY: The property is developed with a vacant commercial building.

2. EXISTING USE OF THE PROPERTY IN THE AREA: The properties to the north of the Subject Property, located between 2nd and 1st Street, are developed with a laundromat, a non-conforming single-family residence and garage, as well as an insurance office. The properties to the south and east of the Subject Property are where the former Boos Butcher Block facility was located, which was demolished leaving the parcel unimproved. The old NAPA building is also located immediately east of the Subject Property. The property to the west of the Subject Property is developed with the Gabby Goat Bar & Grill.

3. PRESENT ZONING IN THE AREA: The Subject Property and all of the properties surrounding the Subject Property are currently zoned B-2, General Commercial District.

4. SUITABILITY OF PRESENT ZONING: The property will be required to be rezoned to M-1, Light Industrial District to allow the development of a Recycling Center.

5. EFFECT ON GENERAL WELFARE: The establishment, maintenance, and operation of the Special Use will not be detrimental to and otherwise endanger the public health, safety, morals, comfort, development and general welfare of the surrounding area, provided that certain mitigation conditions are placed on the special use permit.

6. EFFECT ON SURROUNDING PROPERTY: If the Petition is granted, the Commission finds that there will not be injury to the use and enjoyment of the surrounding property, provided that the certain mitigation conditions are placed on the special use permit.

7. TREND OF DEVELOPMENT IN THE AREA: The area is developing in a manner consistent with the Comprehensive Plan.

8. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Petition may not necessarily be in conformity with the goals of the Comprehensive Plan, but the use of the Subject Property for the recycling center only on a temporary basis until IDOT takes the property for the Fayette Avenue widening project support a deviation.

Therefore, on Motion by Commissioner Gouchenour and seconded by Commissioner Storm, by an 8 to 0 vote, the Plan Commission recommended that the City Council grant the Petition to Rezone and the Petition for Special Use Permit as presented to the Commission SUBJECT TO THE FOLLOWING CONDITIONS BEING PLACED ON THE SPECIAL USE PERMIT:

1. A requirement that the Petitioner construct and maintain an 8-foot solid stockade fence on the south line and the east line up to the back of the NAPA building;

2. The special use permit would expire on the first of the following to occur:

a. The Petitioner ceases operation of the recycling center on the Subject Property for more than 30 calendar days;

b. IDOT acquires and takes possession of the Subject Property, or any portion thereof; or,

c. December 31, 2024.

3. Strict compliance with requirements as stated in Paragraph 28 of Article 26 of Appendix B of the Municipal Code of the City of Effingham.

4. Discussion Only- Text Amendments to Appendix B of the Municipal Code- Multiple Dwelling Conversion in a R District:

City Planner, Greg Koester advised that he has prepared revisions to the Text Amendment that was presented at the September Plan Commission meeting concerning Multiple Dwelling Conversion in a R District. Mr. Koester handed out a copy of the revised Text Amendment concerning Multiple Dwelling Conversions in a R District, which were prepared in response to questions and concerns brought up by the Plan Commission. Mr. Koester advised that the revisions were highlighted in grey in the document. Mr. Koester briefly explained each proposed revision.

Mr. Koester advised that the R-2 Zoning designates and allows two dwelling units. If they want to allow additional units, the zoning regulations, as well as the definitions contained in the zoning regulations, will need to be amended. Mr. Koester further advised that the City’s regulations concerning single-family attached does not place limitations on the number of attached units. Mr. Koester advised that they may want to place limitations on the number of units on single-family attached in the future.

A discussion was held amongst the Commissioners regarding the proposed special use permit language and whether to allow this type of special use permit.

4. Public Comment:

A. Commissioner Thies expressed a desire to discuss the training held through the American Planning Association, which was held on October 5, 2023, during the next Plan Commission meeting.

B. City Planner, Greg Koester, advised the Commission that the City is working on modifying and updating the Comprehensive Plan.

5. On motion by Commissioner Wohltman, seconded by Commissioner McHugh, the meeting was adjourned.

https://go.boarddocs.com/il/voeil/Board.nsf/files/CXEQJS692280/$file/10-10-2023%20PC%20Minutes.pdf