East Central Reporter

City of Effingham Zoning Board of Appeals met Aug. 13.

Here are the minutes provided by the board:

MEMBERS PRESENT: Brian Hayes

Mark Thies

Clint Spruell

Cindy Vogel

Ken Wohltman

Theresa Hillyer

Michael McHugh

Kevin Gouchenouer

MEMBERS ABSENT: Brian Meyers

OTHERS PRESENT: Tracy Willenborg, City Attorney

Greg Koester, City Planner

Adam Kramer, Milano & Grunloh Engineers, LLC

Erika Kessler, Kessler Reporting, Inc.

Cathy Griffith, Effingham Daily News

Greg Sapp, WXEF

1. Quorum and Approval of June 11, 2024 Meeting Minutes: The August 13, 2024, 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 Vogel, the minutes for the June 11, 2024 Plan Commission meeting were approved by unanimous vote, as presented.

2. Public Hearing on Petition to Rezone from Class R-3D, Multiple Dwelling District, to Class R-4, Limited Office and Retail District, 1103 E. Fayette Avenue, Effingham, Illinois, filed by Petitioner, Myers Irrevocable Trust Agreement #92-6558389:

Kimberly Mills, appeared on behalf of Petitioner, Myers Irrevocable Trust Agreement #92-6558389, to testify in support of the Petition. Ms. Mills testified that Mr. Myers is proposing to develop a produce stand on the property, to serve the community. Ms. Mills testified that the Petitioner is proposing to construct a circular drive through for access to and from the property. Ms. Mills advised the Commission that Mr. Myer’s uncle grows corn in the Montrose area and will sell the corn at the stand. They are also looking to allow other farmers to bring their produce in for sale. The stand will be open throughout the week.

City Attorney, Tracy Willenborg, advised Ms. Mills that Mr. Myers will need to ensure compliance with City regulations concerning the allowable materials for driveways and parking areas.

In response to concerns expressed by Commissioner Thies regarding the high traffic on Route 40 and the proposed points of access, Ms. Mills testified that Mr. Myers has spoken with IDOT and the access has been approved by IDOT.

No one appeared to testify in opposition to the Petition.

City Planner, Gregory Koester, appeared and testified that the Subject Property is currently zoned R-3D, Multiple Dwelling District, and is improved with a single-family residence. In response to questioning by City Attorney Willenborg, Mr. Koester testified that the Subject Property would be required to be rezoned R-4, Limited Office and Retail District in order to allow the proposed produce stand. In response to additional questioning by City Attorney Willenborg, Mr. Koester testified that the property to the north is developed with the Oakridge and Memorial cemeteries, which are zoned R-2, Single

Family Residence District, with a Special Use Permit (3) for a Cemetery or Mausoleum and a Special Use Permit (9) for any Public or Government building. Furthermore, Mr. Koester testified that the property immediately south of the Subject Property is developed with the CSX railroad, and the property further south is zoned NU, Non-Urban District and developed as farm ground. Additionally, the property immediately east of the Subject Property is zoned R-3D, Multiple Dwelling District, and developed with a single-family residence, with property further east being zoned B-2, General Commercial District, and developed with a stable, and the property to the west of the Subject Property is zoned M

1, Light Industrial District, and developed with an office building.

In response to questioning by City Attorney Willenborg, Mr. Koester testified that the Comprehensive Plan future land use map designates the Subject Property for future commercial uses. In response to additional questioning, Mr. Koester testified that the Petition and proposed development is in conformity with the Comprehensive Plan. Mr. Koester testified that the trend of development in the area has not changed much in recent years but is of the opinion that the proposed development is in conformity with the uses in the area.

Mr. Koester advised that the R-4, Limited Office and Retail District, is like the Swiss army knife of zoning and allows both residential and less intense commercial uses which are limited by size. Mr. Koester identified examples of uses allowed within the R-4 zoning class.

In response to questioning by the public, Mr. Koester identified the location of the Subject Property and further advised that a variance was recently granted for the Subject Property to add onto the single-family residence.

In response to questioning by the public regarding the planned access, Mr. Koester advised that Oakridge Street used to be a private road, but was dedicated to the City, when they did the railroad crossing project. The Petitioner is proposing to have traffic enter the property off of Oakridge Street and then exit out of a driveway on Route 40. Mr. Koester advised that this plan was discussed with IDOT.

In response to questioning by Commissioner Thies regarding concerns with clear sight path, Mr. Koester advised that vehicular traffic leaving the Subject Property will exit to Route 40 at a right angle and will have a better line of sight exiting in this manner than if they exited the property off of Oakridge Street.

In response to questioning by Commissioner Thies regarding the planned gravel driveway and whether this complies with City regulations, Mr. Koester advised that the entrance off of the road will have to be asphalt or concrete, but the remainder can be rock as long as it has 2 inches of milling on top for dust control.

In response to questioning by Commissioner Hillyer regarding whether there is sufficient room for stacking, Mr. Koester advised that there is room for 10 to 12 parking spaces for the produce stand.

In response to questioning by Commissioner Thies, Mr. Koester confirmed that the produce stand will be seasonal.

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

The Commissioners concurred that the proposed rezoning seemed appropriate and in conformity with the Comprehensive Plan.

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 single-family residence.

2. EXISTING USE OF THE PROPERTY IN THE AREA: The property to the north of the Subject Property is developed with the Oakridge and Memorial cemeteries, the property immediately south of the Subject Property is developed with the CSX railroad, property further south developed as farm ground, the property immediately east of the Subject Property is developed with a single-family residence, with property further east being developed with a stable, and the property to the west of the Subject Property is developed with an office building.

3. PRESENT ZONING IN THE AREA: The Subject Property is currently zoned R-3D, Multiple Dwelling District. The property to the north of the Subject Property zoned R-2, Single-Family Residence District, with a Special Use Permit (3) for a Cemetery or Mausoleum and a Special Use Permit (9) for any Public or Government building. The property to the south of the Subject Property, the property immediately east of the Subject Property is zoned R-3D, Multiple Dwelling District, with property further east being zoned B-2, General Commercial District, and the property to the west of the Subject Property is zoned M-1, Light Industrial District,

4. TREND OF DEVELOPMENT IN THE AREA: The trend of development has not changed for many years and there are mixed uses of development.

5. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Petition is in conformity with the Comprehensive Plan.

On motion by Commissioner Thies, and seconded by Commissioner Vogel, by an 8 to 0 vote, the Plan Commission recommended that the City Council approve the Petition to Rezone as presented to the Commission.

3. Public Hearing on Petition to Rezone from Class R-3D, Multiple Dwelling District, to Class B-2, General Commercial District, 403 and 409 W. Franklin, Effingham, Illinois, filed by Petitioners, Donsbach-Meinhart, Ltd and HG Development, LLC, and Owners, Effingham Realty Partners I, LLC and HG Development, LLC:

Ann Wagner, appeared on behalf of Petitioner and Owner, HG Development, LLC and Effingham Realty Partners I, LLC, to testify in support of the Petition. Ms. Wagner testified that the portion of the Subject Property, lying along Jefferson Avenue, is already partially zoned B-2, General Commercial District. Ms. Wagner advised that they are seeking to rezone the remainder of the Subject Property to B-2, General Commercial District. Ms. Wagner advised that the requested rezoning is the trend along Jefferson Avenue, with the properties to the east, west, and south of the Subject Property all being developed with commercial uses. Ms. Wagner testified that they are proposing to redevelop the Subject Property with a commercial building, with parking along the backside of the commercial building. The parking areas will be on the lots that are currently zoned R-3D, Multiple-Dwelling District. Ms. Wagner advised that the proposed commercial building will be similar to the other commercial buildings in the area.

In response to questioning by Chairman Hayes regarding the proposed commercial development, Ms. Wagner testified that the commercial building will be on 406 Jefferson and the parking is being proposed to be developed on 409 Franklin.

Brad Meinhart, appeared on behalf of Petitioner, Donsbach-Meinhart, Ltd, to testify in support of the Petition. Mr. Meinhart testified that they are planning on building an insurance office on the front part of the property (406 Jefferson), but will need the Subject Property to develop water retention and parking. A portion of the commercial building may be on the Subject Property. Mr. Meinhart testified that they are consolidating their three existing locations into one location to allow for more efficiency and better customer service. Mr. Meinhart testified that the proposed commercial building will fit in with the other commercial uses in the area. Finally, Mr. Meinhart testified that while there is quite a bit of traffic along Jefferson Avenue, it is slow moving traffic, and the proposed development will not negatively impact traffic in the area.

No one appeared to testify in opposition to the Petition.

City Planner, Gregory Koester, appeared and testified that the Subject Property is currently zoned R-3D, Multiple Dwelling District, and Tract A of the Subject Property is currently undeveloped, while Tract B of the Subject Property is improved with a parking lot. In response to questioning by City Attorney Willenborg, Mr. Koester testified that the properties to the north of the Subject Property are zoned R-3D, Multiple Dwelling District, and developed with single-family homes and possibly some single-family attached homes, the properties to the south of the Subject Property are zoned B-2, General Commercial District, and developed with commercial uses, the property to the west of the Subject Property is zoned R-3D, Multiple Dwelling District, and developed with a single family home, and the property to the east of the Subject Property is zoned B-2, General Commercial District and is an undeveloped lot.

In response to questioning by City Attorney Willenborg, Mr. Koester testified that the Comprehensive Plan future land use map designates the area between Maple Street and Main Street, including the Subject Property for future commercial uses. In response to additional questioning, Mr. Koester testified that the Petition and proposed development is in conformity with the Comprehensive Plan. Mr. Koester testified that the trend of development in the area for the block between Jefferson Avenue to Franklin Avenue between Main Street and Henrietta Street is from residential to commercial as evidenced by rezonings and expansions of existing businesses and new businesses to the west.

Mr. Koester advised the Commission that he did receive one call from a concerned citizen. Mr. Koester responded to the individual’s questions and the individual had no other comments or questions.

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

The Commissioners concurred that the proposed rezoning seemed appropriate and in conformity with the Comprehensive Plan.

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

1. THE SUBJECT PROPERTY: Tract A of the Subject Property is currently undeveloped, while Tract B of the Subject Property is improved with a parking lot.

2. EXISTING USE OF THE PROPERTY IN THE AREA: The properties to the north of the Subject Property are developed with single-family homes and possibly some single-family attached homes, the properties to the south of the Subject Property are developed with commercial uses, the property to the west of the Subject Property is developed with a single-family home, and the property to the east of the Subject Property is an undeveloped lot.

3. PRESENT ZONING IN THE AREA: The Subject Property is currently zoned R-3D, Multiple Dwelling District, the properties to the north and west of the Subject Property are zoned R-3D, Multiple Dwelling District, and the properties to the south and east of the Subject Property are zoned B-2, General Commercial District.

4. TREND OF DEVELOPMENT IN THE AREA: The trend of development is a transition of the block between Jefferson Avenue to Franklin Avenue and between Main Street and Henrietta Street from residential to commercial as evidenced by rezonings and expansions of existing businesses and new businesses to the west.

5. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Petition is in conformity with the Comprehensive Plan.

On motion by Commissioner Wohltman, and seconded by Commissioner Gouchenouer, by an 8 to 0 vote, the Plan Commission recommended that the City Council approve the Petition to Rezone as presented to the Commission.

4. Public Hearing on Petition for Special Use Permit for Construction of Utility Station in the NU, B-1, B-2, B-2, B-4, B-5, POM, or PUD-C Districts (45), west of 1310 W. Fayette Avenue (US 40) Effingham, Illinois, filed by Bluebird Network, LLC and HCS Hospitality, Inc., Petitioner, and HCS Hospitality, Inc., Owner:

Jeremy Carr appeared on behalf of Petitioner, Bluebird Network LLC, to testify in support of the Petition. The Petitioner is requesting a special use permit for the construction of a utility station, being a Fiber Optic Hut, on property that is zoned B-5, Highway Commercial District.

Mr. Carr testified that the Petitioner is looking to expand its fiber network to serve the community on the commercial level. The Petitioner is proposing to construct a fiber optic utility shelter on the Subject Property. The property owner, HCS Hospitality, has granted them a decent area, with a 20-foot-wide ingress/egress easement to construct the proposed shelter, along with a fence. Mr. Carr advised that they are proposing a fence with slats to allow for better visualization.

In response to questioning by City Attorney, Tracy Willenborg, regarding the requirements for the proposed special use, Mr. Carr testified that he has read over the requirements and made adjustments to the proposed development in response to recommendations by the City.

No one appeared to testify in opposition to the Petition.

City Planner, Gregory Koester, appeared and testified. In response to questioning by City Attorney Willenborg, Mr. Koester testified that the Subject Property is zoned B-5, Highway Commercial District, and is part of a larger tract that is developed with Comfort Suites Hotel. In response to additional questioning, Mr. Koester testified that the property

to the north of the Subject Property is zoned B-5, Highway Commercial District, and is unimproved, the property to the south of the subject property is zoned B-5, Highway Commercial District, and is developed with the Comfort Suites, the property to the east of the Subject Property is zoned B-5, Highway Commercial District, and is developed with the Speedway fuel station and c-store, and the properties to the west of the Subject Property is zoned B-2, General Commercial District, and developed with Niemerg’s Restaurant and Motel 6.

In response to questioning, Mr. Koester testified that the present zoning of the Subject Property is sufficient for development of the proposed development if a Special Use Permit is granted. Furthermore, Mr. Koester testified that the proposed special use and development of the property would not be detrimental to and otherwise endanger the general welfare of the surrounding area if the utility station is developed and operated in accordance with the conditions of the special use would not allow the proposed special use to be detrimental.

Mr. Koester testified to the buffering requirements and advised that a stockade fence and landscaping is not required unless the Commission wanted to make it a condition of the special sue permit. Mr. Koester advised that the Petitioner is proposing a 6-foot chain link fence with slats, that is earth tone.

Mr. Koester advised the Commission that he intends to speak to the Petitioner and the Owner regarding the possibility of cleaning up the brush on the property.

Mr. Koester advised that the proposed utility station does have a generator with noise suppression housing.

The hearing was closed and a discussion was conducted among the Commissioners in open session. After due consideration and the evidence presented, the Commissioners made the following findings and recommendations:

1. THE SUBJECT PROPERTY: The Subject Property is part of a larger tract that is developed with Comfort Suites Hotel.

2. EXISTING USE OF THE PROPERTY IN THE AREA: The property to the north of the Subject Property is unimproved, the property to the south of the subject property is developed with the Comfort Suites, the property to the east of the Subject Property is developed with the Speedway fuel station and c-store, and the properties to the west of the Subject Property are developed with Niemerg’s Restaurant and Motel 6.

3. PRESENT ZONING IN THE AREA: The Subject Property is zoned B-5, Highway Commercial District. The properties surrounding the Subject Property to the north, south, and east are also zoned B-5, Highway Commercial District, and the property to the west of the Subject Property is zoned B-2, General Commercial District.

4. SUITABILITY OF PRESENT ZONING: The present zoning is sufficient for development of a Utility Station if a Special Use Permit is granted.

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.

6. EFFECT ON SURROUNDING PROPERTY: If the proposed Special Use is granted, the Commission finds that there will not be injury to the use and enjoyment of the surrounding property.

7. CONFORMITY TO REGULATIONS: The Special Use does conform to the regulations of the City of Effingham and the Special Use does conform to the Comprehensive Plan.

On motion by Commissioner Gouchenouer, seconded by Commissioner Spruell, by an 8 to 0 vote, the Plan Commission recommended that the City Council grant the Petition for Special Use Permit, as presented.

5. Discussion Only: City of Effingham Joint Plan Commission and Zoning Board of Appeals Meeting on September 10, 2024: City Planner, Greg Koester, advised that there will be a joint Plan Commission and Zoning Board of Appeals meeting on September 10, 2024, to discuss the Comprehensive Plan. Stephanie Brown, with Chastain and Associates, and Jason Seid, with Sightline Planning and Zoning, will be in attendance. City Planner Koester agreed to provide pulled pork for the meeting.

6. Comprehensive Plan Stakeholders/Steering Committee: City Planner, Greg Koester, presented the list of community members to proposed to serve on the Comprehensive Plan Stakeholders/Steering Committee.

On motion by Commissioner McHugh, seconded by Commissioner Wohltman, by an 8 to 0 vote, the Plan Commission recommended that the City Council approve the appointment of those individuals on the list to serve the Comprehensive Plan Stakeholders/Steering Committee.

7. Public Comment: None.

8. On motion by Commissioner Vogel, seconded by Commissioner Spruell, the meeting was adjourned.

https://go.boarddocs.com/il/voeil/Board.nsf/files/D8TMWU5D2F5F/$file/08-13-2024%20PC%20Minutes.pdf