1 00:00:01,680 --> 00:00:08,380 For January, I will note that we do have a quorum present, and I thank my fellow commissioners for attending this evening. 2 00:00:09,540 --> 00:00:12,500 With that, we'll go ahead and have a roll call. 3 00:00:13,060 --> 00:00:13,940 Chairman Hayes. 4 00:00:14,120 --> 00:00:14,320 Here. 5 00:00:14,680 --> 00:00:15,500 Commissioner Wolfman. 6 00:00:15,800 --> 00:00:15,880 Here. 7 00:00:16,520 --> 00:00:17,380 Commissioner McEw. 8 00:00:17,680 --> 00:00:18,100 Here. 9 00:00:18,420 --> 00:00:19,120 Commissioner Myers. 10 00:00:19,400 --> 00:00:19,520 Here. 11 00:00:19,720 --> 00:00:20,500 Commissioner Sproul. 12 00:00:20,740 --> 00:00:20,900 Here. 13 00:00:21,180 --> 00:00:21,840 Commissioner Gromo. 14 00:00:22,140 --> 00:00:22,360 Here. 15 00:00:23,500 --> 00:00:24,780 Commissioners, did I get everyone? 16 00:00:25,180 --> 00:00:27,660 Commissioners Teeth, Local, and Gosinar absent. 17 00:00:28,800 --> 00:00:30,480 If a good stand for a Pledge of Allegiance. 18 00:00:30,480 --> 00:00:39,310 I pledge allegiance to the flag of the United States of America, and to the Republic for 19 00:00:39,310 --> 00:00:45,730 which it stands, one nation under God, indivisible, with liberty and justice for all. 20 00:00:53,620 --> 00:00:54,360 All right. 21 00:00:54,500 --> 00:00:56,540 Looks like we have four items on our agenda. 22 00:00:56,720 --> 00:00:57,520 We'll look over the minutes. 23 00:00:57,740 --> 00:01:01,780 We've got one preliminary final plot, two public hearings, and then there's a couple 24 00:01:01,780 --> 00:01:03,120 discussion items as well. 25 00:01:03,120 --> 00:01:07,040 Well, first item on the agenda is to review our minutes 26 00:01:07,040 --> 00:01:09,300 from our December 9th, 2025 meeting. 27 00:01:09,960 --> 00:01:11,560 I will trust that all the commissioners 28 00:01:11,560 --> 00:01:12,860 have had a chance to look at those 29 00:01:12,860 --> 00:01:14,860 and I'll entertain any corrections or comments 30 00:01:14,860 --> 00:01:15,880 in regards to those. 31 00:01:18,260 --> 00:01:20,420 Hearing none, I'll entertain a motion 32 00:01:20,420 --> 00:01:21,820 to approve those minutes as presented. 33 00:01:22,240 --> 00:01:22,660 So moved. 34 00:01:23,260 --> 00:01:24,660 Got a motion by Commissioner Wolfman. 35 00:01:25,480 --> 00:01:26,880 Also, go ahead Brian. 36 00:01:27,280 --> 00:01:27,740 I'll second. 37 00:01:27,880 --> 00:01:29,080 Second by Commissioner Myers. 38 00:01:29,300 --> 00:01:31,100 All those in favor signify by saying aye. 39 00:01:31,360 --> 00:01:31,580 Aye. 40 00:01:32,040 --> 00:01:32,880 Opposed to name sign? 41 00:01:33,480 --> 00:01:34,440 Motion carries. 42 00:01:39,030 --> 00:01:42,150 Next item got a perimeter and final plot for Goldenfield 43 00:01:42,150 --> 00:01:43,550 subdivision 3rd edition. 44 00:02:28,530 --> 00:02:32,550 Okay. So there's two subject to submission of the 45 00:02:32,550 --> 00:02:36,130 certificate of plotting mylar filing fee and recording fee and then acceptance of 46 00:02:36,130 --> 00:02:37,510 public improvements by the city? 47 00:02:41,870 --> 00:02:46,690 Is that it, Greg? Anybody have any questions for 48 00:02:46,690 --> 00:02:55,370 Greg in regards to that? Hearing none, I'll go ahead and entertain a motion to, in 49 00:02:55,370 --> 00:02:58,790 regards to this, from your final plat, including two subjectives, 50 00:03:04,300 --> 00:03:05,000 motion by 51 00:03:12,440 --> 00:03:17,100 Commissioner Wolfman. Second by Commissioner Grunlow. All those in favor 52 00:03:17,100 --> 00:03:22,900 signify by saying hi. Post same sign. Motion carries. 53 00:03:28,210 --> 00:03:29,510 Next time I'm on the 54 00:03:29,510 --> 00:03:36,230 agenda looks like it is a public hearing. So the recovery home text 55 00:03:36,230 --> 00:03:37,690 amendment article one definitions. 56 00:03:42,040 --> 00:03:44,440 So anybody present to testify in support of 57 00:03:44,440 --> 00:03:52,110 the petition? We do need to announce 5.1 the public hearing for the accessory 58 00:03:52,110 --> 00:03:54,450 building size height locations. 59 00:03:57,820 --> 00:04:02,100 Okay. Public hearing 5.1 the zoning ordinance 60 00:04:02,100 --> 00:04:09,080 text amendment referencing accessory building size height location set backs 61 00:04:09,080 --> 00:04:14,640 articles 4 through 12, 14, 17, 19, and 22 that public hearing for the accessory 62 00:04:14,640 --> 00:04:18,840 building tax amendment is postponed to a later date. The city makes that request 63 00:04:18,840 --> 00:04:22,060 to postpone it to a later date. The request is made by the city of 64 00:04:22,060 --> 00:04:25,240 afternoon. Will it be republished? Yes. 65 00:04:27,700 --> 00:04:31,440 Very good. Thank you, Greg. Now I'll go 66 00:04:31,440 --> 00:04:35,940 ahead and move on to the text amendment for the recovery home text 67 00:04:35,940 --> 00:04:36,260 amendment. 68 00:04:54,460 --> 00:04:56,840 Do you swear to tell the truth, the whole truth and nothing but 69 00:04:57,680 --> 00:04:59,460 Go ahead and take a seat. 70 00:05:00,460 --> 00:05:01,980 Please state your full name for the record. 71 00:05:02,440 --> 00:05:03,120 Greg Kester. 72 00:05:03,300 --> 00:05:04,500 What is your place of employment? 73 00:05:05,360 --> 00:05:07,420 By the city since August of 94. 74 00:05:07,900 --> 00:05:08,900 What is your current position? 75 00:05:09,180 --> 00:05:10,660 City planner since August 2019. 76 00:05:11,260 --> 00:05:13,300 Could you give a brief description of your job duties? 77 00:05:13,720 --> 00:05:15,100 Zoning and subdivision ordinances, 78 00:05:15,340 --> 00:05:16,860 comprehensive plan, annexation, 79 00:05:17,100 --> 00:05:19,760 subdivision improvements, right-of-way utility permits, 80 00:05:20,200 --> 00:05:21,120 floodplain regulations, 81 00:05:21,880 --> 00:05:23,560 ADA compliance on public right-of-way. 82 00:05:23,780 --> 00:05:25,260 And you're familiar with the city of 83 00:05:25,260 --> 00:05:26,360 of Epineum zoning regulations? 84 00:05:27,000 --> 00:05:27,760 Yes, I am. 85 00:05:27,940 --> 00:05:30,580 And the requested text amendment relates to 86 00:05:30,580 --> 00:05:32,640 the city's zoning regulations, correct? 87 00:05:32,960 --> 00:05:33,460 That is correct. 88 00:05:33,580 --> 00:05:35,700 And those are contained in Appendix B 89 00:05:36,840 --> 00:05:39,020 of the municipal code, right? 90 00:05:39,420 --> 00:05:40,000 That is correct. 91 00:05:40,320 --> 00:05:42,420 Okay, go ahead and testify in a narrative fashion. 92 00:05:43,320 --> 00:05:47,960 Okay, this is a text amendment for recovery homes. 93 00:05:50,340 --> 00:05:52,920 The definition of community residents 94 00:05:52,920 --> 00:06:02,240 residents would be amended to include a recovery home under the same guidelines as the group 95 00:06:02,240 --> 00:06:11,460 homes or specialized residential care, removes the person whose primary reason for placement 96 00:06:11,460 --> 00:06:18,660 is substance and alcohol abuse, defines a small community residence as no more than 97 00:06:18,660 --> 00:06:30,300 six persons, a large community residence, which is between 7 and 15, and for the small community 98 00:06:30,300 --> 00:06:39,100 residents, they are allowed in an R1 and R2 up to, well, they would be allowed in all 99 00:06:39,100 --> 00:06:47,340 our districts, but the large community residences would only be allowed in R3C or R3D, which 100 00:06:47,340 --> 00:06:48,560 to our multifamily apartments. 101 00:06:49,900 --> 00:06:52,340 And it gives a definition of personal recovery. 102 00:06:53,620 --> 00:06:56,760 A lot of this information was taken from the Illinois Department 103 00:06:56,760 --> 00:06:58,740 of Public Health website. 104 00:06:59,400 --> 00:07:03,780 And then it includes, adds a definition of the recovery 105 00:07:03,780 --> 00:07:08,020 home, facility licensed by the Illinois Department 106 00:07:08,020 --> 00:07:10,260 of Human Services Division of Behavioral Health 107 00:07:10,260 --> 00:07:13,580 and CERT Recovery, alcohol and drug-free living 108 00:07:13,580 --> 00:07:15,460 environment for persons in recovery, 109 00:07:15,460 --> 00:07:19,780 from substance abuse for individuals who recently completed substance abuse treatment. 110 00:07:20,380 --> 00:07:24,780 At another licensed facility, the facility has rules, peer-led groups, staff activities, 111 00:07:25,080 --> 00:07:30,380 and or other structured operations directed toward ongoing recovery. 112 00:07:31,440 --> 00:07:40,340 So the reason why we're bringing this text to men for you is we have one recovery home 113 00:07:40,340 --> 00:07:48,980 in operation and the entity that is sponsoring them or supporting them or 114 00:07:48,980 --> 00:07:54,160 whatever are looking at other recovery homes and this would allow 115 00:07:57,040 --> 00:07:57,740 those and 116 00:08:00,200 --> 00:08:07,340 people in recovery from alcohol or substance abuse they are a protected 117 00:08:07,340 --> 00:08:15,360 class so you got to be careful with your zoning regulations just like the 118 00:08:17,800 --> 00:08:24,800 The folks living in the troop homes or specialized residential care with their disabilities, they 119 00:08:24,800 --> 00:08:31,120 are a protected class, so you got to, for lack of better terms, you got to treat them like 120 00:08:31,120 --> 00:08:37,560 everybody else, so that's why we're amending this, but still have some control over where 121 00:08:37,560 --> 00:08:37,960 they go. 122 00:08:39,040 --> 00:08:45,180 One of the things is, is you get into the actual zoning uses that they have to be 123 00:08:45,180 --> 00:08:49,960 There has to be 800 feet between two recovery homes. 124 00:08:57,360 --> 00:09:06,260 Relative to some of the statements you made, recovery facilities are governed by the Illinois 125 00:09:06,690 --> 00:09:12,200 Human Rights Act as well as some corresponding federal laws, correct? 126 00:09:12,820 --> 00:09:13,780 That is my understanding. 127 00:09:13,940 --> 00:09:17,000 And it prohibits discrimination based on disability. 128 00:09:18,400 --> 00:09:19,680 Is that your understanding? 129 00:09:19,940 --> 00:09:21,140 That is also my understanding. 130 00:09:21,140 --> 00:09:34,000 And with regard to that, it in addition as to prohibiting discrimination and also would require a reasonable accommodations for those with disability. 131 00:09:34,500 --> 00:09:37,120 Yes, that is key term reasonable accommodations. 132 00:09:39,680 --> 00:09:48,900 And as a result of the law and the protections provided by the law, the city has some limitations 133 00:09:48,900 --> 00:09:55,660 on prohibiting recovery or, excuse me, is limited in prohibiting recovery centers. 134 00:09:55,980 --> 00:09:56,820 Is that your understanding? 135 00:09:57,180 --> 00:09:58,280 That is also my understanding. 136 00:09:59,060 --> 00:10:06,700 And just to be clear, addiction is included as a disability within the optimal laws. 137 00:10:06,840 --> 00:10:07,940 Is that also your understanding? 138 00:10:07,940 --> 00:10:09,220 And that is also my understanding. 139 00:10:13,260 --> 00:10:17,340 As a result of those protections and the requirements 140 00:10:17,340 --> 00:10:19,780 to place reasonable accommodations, 141 00:10:20,240 --> 00:10:24,400 did the city look, did you, on behalf of the city, 142 00:10:24,540 --> 00:10:27,760 look to other comparable municipalities 143 00:10:28,040 --> 00:10:33,840 in determining appropriate possible zoning regulations 144 00:10:33,840 --> 00:10:35,580 related to recovery centers? 145 00:10:35,740 --> 00:10:38,360 Yes, I looked at other community zoning ordinances. 146 00:10:38,360 --> 00:10:46,020 as I also looked at some case law, lawsuits that had varying outcomes. 147 00:10:53,120 --> 00:10:56,420 Any questions by the public for Mr. Custer? 148 00:10:56,840 --> 00:10:57,960 This is questions only. 149 00:10:58,120 --> 00:11:00,760 Everybody has an opportunity to participate in the public hearing, 150 00:11:00,880 --> 00:11:03,580 but this is just questions for Mr. Greg Custer. 151 00:11:04,080 --> 00:11:05,140 Any questions by the public? 152 00:11:06,320 --> 00:11:07,180 Hearing none. 153 00:11:07,560 --> 00:11:10,420 Any questions by the plain commissioner for Mr. Custer? 154 00:11:11,940 --> 00:11:13,060 Yeah, I do. 155 00:11:13,060 --> 00:11:23,280 on this recovery home of no more than six people and you say it could be allowed 156 00:11:23,280 --> 00:11:33,240 in an R1 or R2 district. That's correct. So when someone wanted to build or to use 157 00:11:33,240 --> 00:11:38,040 this home for recovery home would that request come in front of the plan 158 00:11:38,040 --> 00:11:42,540 commission for that home or is it for the zoning board of appeals or the city 159 00:11:42,540 --> 00:11:49,180 either grants it or how does that go to work? If the use changes from single 160 00:11:49,180 --> 00:11:54,680 family residential to recovery home they would need to contact the 161 00:11:54,680 --> 00:11:59,140 Building Officials Office. The Building Officials Office would go in and 162 00:12:00,720 --> 00:12:10,620 to inspect the facility, make sure it's up to code for lodging and boarding use, and then 163 00:12:11,140 --> 00:12:15,540 make sure they have their licensure 164 00:12:17,940 --> 00:12:20,800 by the Department of Human Services Division of Bigger 165 00:12:20,800 --> 00:12:27,500 Health and Recovery, and they would be required to have a certificate of occupancy to operate 166 00:12:27,500 --> 00:12:34,600 as a recovery home. So it does not go before any, okay, the bank commission's 167 00:12:34,600 --> 00:12:40,740 on board of appeals for city council. You said there was an 800 foot setback, right? 168 00:12:41,420 --> 00:12:47,820 Can you expand on that a little bit? Well, if I see an 800 foot setback in an R1 or R2, 169 00:12:48,060 --> 00:12:52,940 I don't think it's ever going to be built. Well, no, it's not a setback. 170 00:12:52,940 --> 00:12:55,120 If I send setback, I'm just stating. 171 00:12:55,520 --> 00:12:56,880 No, no, I'm just trying to understand that. 172 00:12:56,980 --> 00:13:00,320 800 feet between two separate recovery homes. 173 00:13:01,560 --> 00:13:04,520 Recovery homes or the community homes? 174 00:13:04,920 --> 00:13:05,220 Correct. 175 00:13:05,520 --> 00:13:07,820 Because this is comparable to the existing ones. 176 00:13:07,840 --> 00:13:11,760 So you have a community home, and you have a recovery home 177 00:13:11,760 --> 00:13:15,500 that'd be 800 feet apart or a recovery home that'd be 800 178 00:13:15,500 --> 00:13:16,560 feet apart. 179 00:13:17,300 --> 00:13:20,640 I assume that the six persons for one house 180 00:13:20,640 --> 00:13:26,080 to try to record that they have had six bedrooms or six separate units to them and that. 181 00:13:26,160 --> 00:13:32,360 I know that's, you know, up to the building code for, or the code requirements for boarding 182 00:13:32,360 --> 00:13:32,840 or lodging. 183 00:13:34,100 --> 00:13:37,240 Now that's, I'll just draw the one with that a little bit myself. 184 00:13:37,500 --> 00:13:38,960 But it's up to six, correct? 185 00:13:39,080 --> 00:13:43,140 So I could have a facility with two people, is that correct? 186 00:13:43,420 --> 00:13:43,960 That is correct. 187 00:13:46,720 --> 00:13:47,180 Good point. 188 00:13:47,180 --> 00:13:57,020 So with these recovery homes, I know recovery homes are required for to be licensed by Illinois Department of Human Services. 189 00:13:57,660 --> 00:14:04,940 I would imagine that would also apply to the community residents noted above just making sure that clarification is noted. 190 00:14:05,300 --> 00:14:17,090 Well, the original text says group home specialized care, which is licensed certified or accredited by appropriate local state and national bodies. 191 00:14:17,090 --> 00:14:22,870 So that was the language that kind of covered the group home or whatever so we 192 00:14:22,870 --> 00:14:32,130 got specific with recovery homes as they it's the IDHS division of the behavioral health plus all the others. 193 00:14:32,750 --> 00:14:43,370 So for that those state or federal licensure requirements is there anything regarding 194 00:14:43,370 --> 00:14:47,510 like full-time on-site care or anything like that. 195 00:15:00,000 --> 00:15:09,580 I know like the, I am, I shouldn't say I know, but it's my understanding that the developmental homes and stuff like that, they have staff there. 196 00:15:11,820 --> 00:15:17,180 Now, I am not 100% sure for the recovery homes if they have staff there 24-7. 197 00:15:17,740 --> 00:15:26,600 But what we've seen of the one in operation, there is someone there 24-7. I'm not sure that it's required for them to be there 24-7. 198 00:15:26,600 --> 00:15:33,500 As far as alcohol or substance abuse, is there any security that those homes would invest 199 00:15:33,500 --> 00:15:37,780 in for the protection of the residents in the area? 200 00:15:39,200 --> 00:15:45,640 That would be up to them, if they thought it was not in the ordinance. 201 00:15:46,060 --> 00:15:48,440 Not in the ordinance. Not proposed in the ordinance. 202 00:15:49,060 --> 00:15:50,960 Again, we have to, 203 00:16:01,410 --> 00:16:01,950 is a 204 00:16:06,300 --> 00:16:10,820 city somewhat limited on what additional restrictions can be placed 205 00:16:10,820 --> 00:16:16,680 because of the requirement to meet reasonable accommodations. 206 00:16:17,340 --> 00:16:22,740 That is my understanding with reviewing the ordinances in other communities and the various 207 00:16:23,670 --> 00:16:28,020 case law that was pointed out to me by some folks. 208 00:16:34,210 --> 00:16:41,840 Special city attorneys and the attorneys representing some of these recovery homes. 209 00:16:42,860 --> 00:16:50,820 So I had one side's case law, and the other side's case law, and we're reading that, so. 210 00:16:56,830 --> 00:16:59,250 Any other questions for Mr. Custer? 211 00:17:01,440 --> 00:17:02,080 Hearing none. 212 00:17:02,780 --> 00:17:03,200 Thank you, sir. 213 00:17:06,450 --> 00:17:08,830 Anybody else present to provide any testimony? 214 00:17:15,830 --> 00:17:16,290 Anybody? 215 00:17:17,250 --> 00:17:21,930 Want to provide any testimony, either in support or opposition to the proposed text amendment? 216 00:17:24,240 --> 00:17:25,020 Hearing none. 217 00:17:26,500 --> 00:17:30,800 Would the planning commission like to hear any further testimony before I close the public hearing? 218 00:17:31,040 --> 00:17:32,000 No, I don't believe so. 219 00:17:32,200 --> 00:17:36,780 Okay, I'll close the public hearing for discussion once the board or planning commission. 220 00:17:40,010 --> 00:17:40,770 Any comments? 221 00:17:42,470 --> 00:17:43,990 It seems like Greg's done his homework. 222 00:17:45,490 --> 00:17:46,090 Try to. 223 00:17:52,010 --> 00:17:56,230 Reservations of being close to an R1 or R2 without something to add. 224 00:17:57,290 --> 00:18:00,310 Not security especially, but judgmental of that. 225 00:18:08,390 --> 00:18:15,590 I totally get it sounds like they have to treat him as neighbors basically put in 10 words or less. 226 00:18:20,450 --> 00:18:21,110 All right. 227 00:18:21,210 --> 00:18:26,810 I think it's pretty limited on what what are off the car here. 228 00:18:27,390 --> 00:18:27,730 Right. 229 00:18:28,250 --> 00:18:28,790 I would agree. 230 00:18:32,590 --> 00:18:33,550 All right. 231 00:18:33,550 --> 00:18:38,350 this recovery home text amendment for recommendation of the City Council to 232 00:18:46,580 --> 00:18:47,480 affirm it. 233 00:18:49,560 --> 00:18:51,460 Motion by Commissioner Woltman, 234 00:18:57,420 --> 00:19:00,500 second by Commissioner Meyers. All 235 00:19:00,500 --> 00:19:07,540 those in favor signify by saying aye. Opposed same sign? Motion carries. 236 00:19:24,580 --> 00:19:25,300 All 237 00:19:35,190 --> 00:19:39,630 right next item on our agenda is another public hearing 5.3 text 238 00:19:39,630 --> 00:19:41,310 amendment in regards to Article 1. 239 00:19:42,970 --> 00:19:45,510 Is there anybody present to test my in support of the session? 240 00:19:46,290 --> 00:19:47,830 Or she proposed text amendment? 241 00:19:48,750 --> 00:19:50,010 Please come forward. I'll start you in. 242 00:19:51,750 --> 00:19:57,630 And just so everyone's aware, I'm going to ask him the same exact questions that I previously asked him. 243 00:19:57,990 --> 00:20:03,850 Unfortunately, every public hearing has to stand on its own, so be prepared for the same questions. 244 00:20:04,310 --> 00:20:06,910 Do you swear to the truth? The whole truth and nothing but the truth. So if you got it. 245 00:20:07,050 --> 00:20:07,350 I do. 246 00:20:07,350 --> 00:20:08,950 You state your full name for the record. 247 00:20:09,150 --> 00:20:09,890 Greg Pester. 248 00:20:10,130 --> 00:20:11,170 What is your place of employment? 249 00:20:11,630 --> 00:20:13,350 City of Effingham since August of 94. 250 00:20:13,690 --> 00:20:14,550 What is your current position? 251 00:20:14,910 --> 00:20:16,450 City Planner since August of 2019. 252 00:20:16,810 --> 00:20:18,710 Can you give a brief description of your job duties? 253 00:20:19,070 --> 00:20:29,990 Zoning and subdivision ordinances, comprehensive plan, annexations, subdivision improvements, right-of-way and utility permits, floodplain regulations, ADA compliance on public right-of-way. 254 00:20:30,190 --> 00:20:32,630 Are you familiar with the City of Effingham zoning regulations? 255 00:20:32,830 --> 00:20:35,870 That's contained in Appendix B of the Municipal Code. 256 00:20:36,210 --> 00:20:36,650 Yes, I am. 257 00:20:36,650 --> 00:20:41,970 And these text amendments relate to appendix B amendments to article one. 258 00:20:42,170 --> 00:20:42,910 Is that accurate? 259 00:20:43,150 --> 00:20:43,790 That is correct. 260 00:20:44,070 --> 00:20:45,810 Okay, go ahead and testify in an error fashion. 261 00:20:46,410 --> 00:20:49,650 Okay, so article one is our definitions for the zoning ordinance. 262 00:20:50,490 --> 00:20:54,710 And they are set up in our current ordinance numbered. 263 00:20:55,350 --> 00:21:00,510 So whenever we add, delete, or amend, you 264 00:21:02,520 --> 00:21:03,220 add them to the end. 265 00:21:03,300 --> 00:21:05,400 They get out of order or it's harder to find them. 266 00:21:05,400 --> 00:21:09,620 So what this amendment does is arrange them alphabetically. 267 00:21:10,420 --> 00:21:15,560 And then there are some changes to the text amendment. 268 00:21:16,160 --> 00:21:19,920 I hope everybody had a chance to look at it. 269 00:21:20,060 --> 00:21:22,360 So the blue underlined is add. 270 00:21:22,960 --> 00:21:25,000 The red strike through is delete. 271 00:21:25,740 --> 00:21:29,660 And the green is relocated or removed 272 00:21:30,210 --> 00:21:31,720 to make it alphabetically. 273 00:21:31,720 --> 00:21:43,400 So starting off, dive right into it, our zoning ordinance currently does not have a definition for agricultural, agriculture, and use. 274 00:21:44,660 --> 00:21:53,660 So I done as I always do is I look at other zoning ordinances, even looked on the Illinois Department of Ag, 275 00:21:53,660 --> 00:22:01,440 just part of ag and came up with this definition, which is the growing, harvesting, and storing 276 00:22:01,440 --> 00:22:09,060 of crops, including legumes, hay, grain, fruit, and truck or vegetable crops, flora culture, 277 00:22:09,320 --> 00:22:14,980 horticulture, mushroom growing, orchards, and forestry. Farm buildings used for growing, 278 00:22:15,180 --> 00:22:21,140 harvesting, and preparing crop products for market or for use on the farm. And farm 279 00:22:21,140 --> 00:22:22,600 Farm dwellings are also included. 280 00:22:23,640 --> 00:22:29,540 The keeping, raising, and feeding of livestock or poultry, including dairy, poultry, swine, 281 00:22:29,660 --> 00:22:35,860 beef, cattle, pony, and horse production, fur farms and fish and wildlife farms, farm 282 00:22:35,860 --> 00:22:40,220 buildings for storing and protecting farm machinery and equipment from the elements, 283 00:22:40,960 --> 00:22:45,740 for housing livestock or poultry, and for use on the farm. 284 00:22:45,740 --> 00:22:52,080 Our general agricultural includes all types of agricultural operations but does not include 285 00:22:52,080 --> 00:22:58,880 industrial operations such as grain elevator, canning, or slaughterhouse where an agriculture 286 00:22:58,880 --> 00:23:02,960 products produced primarily by others are stored or processed. 287 00:23:03,960 --> 00:23:12,860 So then we have some moving around and then going through the one thing I need to note 288 00:23:12,860 --> 00:23:20,400 is on the third page community residence, the 116 should be striked out, and the community 289 00:23:20,400 --> 00:23:28,300 residence does include the recovery home text from the previous public hearing, so it adds 290 00:23:28,300 --> 00:23:36,420 the recovery home and includes those amendments, and then adds the paragraph D, person in recovery, 291 00:23:38,140 --> 00:23:43,700 does strike out the person whose primary reason replacement is substance or alcohol abuse. 292 00:23:45,340 --> 00:23:53,100 Next page, towards the bottom day care center, that was deleted because the pretty much the 293 00:23:53,100 --> 00:23:55,660 same definition is under child care institution, 294 00:23:58,420 --> 00:24:01,920 which if you backed up to the previous second 295 00:24:01,920 --> 00:24:05,820 page I think that's where child care institution ended up. 296 00:24:07,940 --> 00:24:10,220 Yep, so green in the middle of the 297 00:24:10,220 --> 00:24:17,360 page is where child care institution is. And then continuing on to 298 00:24:19,720 --> 00:24:23,220 type these. Motel, I just said 299 00:24:23,220 --> 00:24:34,180 C, Motel, Motel or Motor Hotel, just a little clean up there. Did add us at a definition for set 300 00:24:34,180 --> 00:24:37,860 setback the distance between the law or personal lines in a building, accessory building or 301 00:24:37,860 --> 00:24:42,180 other structure. The setback shall be measured from the outermost projection unless otherwise 302 00:24:42,180 --> 00:24:43,560 provided. And 303 00:24:54,480 --> 00:24:55,000 that's about it. 304 00:24:57,230 --> 00:24:58,410 Changes to our definitions. 305 00:25:01,180 --> 00:25:04,060 Any questions? Anything else you want to add, Greg? 306 00:25:04,360 --> 00:25:04,840 Not this time. 307 00:25:05,120 --> 00:25:12,040 Any questions by the public for Greg? Hearing none. Any questions by the point question 308 00:25:12,040 --> 00:25:12,440 for Greg? 309 00:25:14,120 --> 00:25:15,080 I don't believe so. 310 00:25:15,380 --> 00:25:17,520 Hearing none. Thank you. 311 00:25:18,020 --> 00:25:20,800 Anybody else present that wants to either test, 312 00:25:20,920 --> 00:25:24,180 fight, and support our opposition to the definitions? 313 00:25:24,500 --> 00:25:25,460 Please come forward, I'll start right here. 314 00:25:34,080 --> 00:25:35,700 You sort of tell the truth, the whole truth, 315 00:25:35,780 --> 00:25:37,040 and nothing but the truth, so I'll be good. 316 00:25:37,380 --> 00:25:38,440 Okay, go ahead and take a seat. 317 00:25:44,480 --> 00:25:46,020 Please state your full name for the record. 318 00:25:46,760 --> 00:25:47,840 Jean Ann Hyland. 319 00:25:50,320 --> 00:25:52,040 Go ahead and testify in a narrative fashion. 320 00:25:53,440 --> 00:25:57,500 Good evening and thank you for the opportunity to speak. 321 00:25:58,400 --> 00:26:00,260 As I've said, my name is Jean Ann Hyland. 322 00:26:00,260 --> 00:26:13,660 My husband, Paul and I live in the city limits and an area that reflects how development and annexation have historically occurred in Effingham and an example of successful annexation for residential development. 323 00:26:14,100 --> 00:26:25,600 Our neighborhood was annexed in the early 2000s for the purpose of building middle income residential homes and we are directly affected by zoning regulations in the surrounding buffer or non-urban districts. 324 00:26:25,600 --> 00:26:31,880 districts. Because of that proximity, zoning definitions and permitted uses in those districts 325 00:26:31,880 --> 00:26:38,060 are not abstract policy matters for us. They have very real and direct impacts on our homes, 326 00:26:38,640 --> 00:26:40,920 our property values, and our quality of life. 327 00:26:42,020 --> 00:26:47,600 To give some background and context, I was prepared this evening to speak in detail 328 00:26:47,600 --> 00:26:52,300 about the very concerning language that was introduced at the January 6th City Council 329 00:26:52,300 --> 00:26:56,440 meeting related to the proposed accessory building text amendment. 330 00:26:57,280 --> 00:27:01,120 At my request, and for which I am grateful, this is city proposed 331 00:27:01,120 --> 00:27:04,600 poem the public hearing so that residents would have more time to 332 00:27:04,600 --> 00:27:09,400 understand and respond to the proposal. However, what has 333 00:27:09,400 --> 00:27:13,040 continued forward this evening is the introduction of new and 334 00:27:13,040 --> 00:27:16,540 extensive definition language related to agriculture and 335 00:27:16,540 --> 00:27:19,900 agriculture use, which is now before you for consideration. 336 00:27:19,900 --> 00:27:23,400 This definition language is not isolated. 337 00:27:24,140 --> 00:27:34,600 It is highly relevant to and in practical terms intertwined with the concerns raised by the accessory building amendment that has been postponed in item 5.1. 338 00:27:35,420 --> 00:27:40,240 A core concern that I have, this is fragment and review of interrelated changes. 339 00:27:41,100 --> 00:27:46,300 My request to you this evening is based on process, transparency and fairness. 340 00:27:47,500 --> 00:27:53,280 You are being asked to consider and potentially recommend adoption of new definition language 341 00:27:53,280 --> 00:27:58,540 without being able to evaluate it in the full regulatory context in which it is intended 342 00:27:58,540 --> 00:27:59,200 to operate. 343 00:28:00,000 --> 00:28:06,200 Specifically, the new agriculture definition appears to support or enable uses that are 344 00:28:06,200 --> 00:28:10,840 directly related to what was proposed in the Accessory Building Amendment and would 345 00:28:10,840 --> 00:28:18,120 replace the current definition titled farming and truck garden. Yet that companion amendment 346 00:28:18,120 --> 00:28:23,560 is not before you, is not part of this agenda and is not available for public review at 347 00:28:23,560 --> 00:28:29,740 this time. This creates a fragmented decision making process where significant zoning changes 348 00:28:29,740 --> 00:28:33,780 are evaluated piecemeal rather than as a coordinated policy package. 349 00:28:37,900 --> 00:28:38,940 Why does this 350 00:28:38,940 --> 00:28:45,240 to submit that it is not fair to the commission, this body, to be asked to make a recommendation on partial information. 351 00:28:45,960 --> 00:28:53,060 It is not fair to the city council to receive a recommendation when the commission has not had the opportunity to review the full scope and 352 00:28:53,060 --> 00:28:55,940 intent of the related zoning language changes. 353 00:28:56,520 --> 00:29:04,680 And it is not fair to residents to evaluate one part of the proposal when the related provisions that give it practical meaning are postponed and unavailable. 354 00:29:04,680 --> 00:29:10,540 Good planning depends on understanding cumulative impacts, not isolated changes. 355 00:29:11,180 --> 00:29:13,160 That's my request to the Commission. 356 00:29:13,880 --> 00:29:17,820 Therefore, I respectfully ask that the Commission consider one of the following actions. 357 00:29:18,600 --> 00:29:27,720 Please do not recommend adoption of the new agriculture and agricultural use portion or definition at this time. 358 00:29:27,720 --> 00:29:39,420 Or please postpone consideration of this definition until it can be reviewed together with the accessory building text amendment and any other related zoning provisions. 359 00:29:40,200 --> 00:29:52,100 Considering these items together will allow for more informed deliberation by this body, greater transparency for the public, and better policy outcomes for the city as a whole. 360 00:29:52,100 --> 00:29:58,640 In closing, my request is not about opposing agriculture or responsible development. 361 00:29:59,100 --> 00:29:59,840 It is about ensuring 362 00:30:00,000 --> 00:30:04,480 Hearing that zoning changes, especially those affecting residential neighborhoods near 363 00:30:04,480 --> 00:30:11,680 buffer zones, are reviewed thoughtfully, transparently, and in full context. I appreciate your service 364 00:30:11,680 --> 00:30:16,880 to the community and your careful consideration of responsibilities you carry in making recommendations 365 00:30:16,880 --> 00:30:21,460 that shape how our city grows. Thank you very much for your time and attention this evening. 366 00:30:24,860 --> 00:30:27,780 Any questions by the public? Hold on just a second, I'm sorry. 367 00:30:28,080 --> 00:30:32,100 Any questions by the public for Ms. Highland? Hearing none. 368 00:30:32,480 --> 00:30:34,640 Any questions by the planning commission for Ms. Highland? 369 00:30:36,660 --> 00:30:38,520 I have one, I think. 370 00:30:40,930 --> 00:30:43,690 Thank you for your commentary. It's very well structured. 371 00:30:44,650 --> 00:30:49,030 A couple of inch on that. Is there anything particular in the definition of agriculture in Houston 372 00:30:49,030 --> 00:30:55,650 that is a problem that is misworded or is there anything that we're looking at tonight 373 00:30:55,650 --> 00:31:00,550 in this request that you have a problem with, I guess? 374 00:31:01,710 --> 00:31:09,590 The issue is if you look at the current language of farming and truck gardening, that current 375 00:31:09,590 --> 00:31:15,630 language merely states, farming and truck gardening provided that any structure or 376 00:31:15,630 --> 00:31:21,850 enclosure for the shelter of livestock or poultry shall be located not less than 100 feet from any 377 00:31:24,850 --> 00:31:31,250 excuse me from any street or lot line provided further that such use is not prohibited by other ordinances of the city. 378 00:31:31,830 --> 00:31:32,110 That's it. 379 00:31:32,470 --> 00:31:39,810 That is the definition and then when you look at this proposed definition and of all the items that are listed here 380 00:31:39,810 --> 00:31:45,210 taken in context with what was proposed at the city council meeting and 381 00:31:45,210 --> 00:31:49,830 the great expansion of what would be allowed for buildings and 382 00:31:49,830 --> 00:31:54,510 animals of all of these kind here right up to city property. 383 00:31:54,930 --> 00:31:55,930 That's my concern. 384 00:31:56,350 --> 00:32:02,530 And it's my concern, how do you consider this definition that is so 385 00:32:02,530 --> 00:32:08,010 broadly and intertwined with the text that we asked to be postponed tonight. 386 00:32:08,010 --> 00:32:11,790 We were informed that this issue would be postponed. 387 00:32:13,050 --> 00:32:15,210 Thank you for postponing 5-1. 388 00:32:15,590 --> 00:32:20,810 But proceeding with the definition and splitting these two is not transparent to the public. 389 00:32:20,950 --> 00:32:21,970 It's not fair to you. 390 00:32:22,430 --> 00:32:31,350 And I don't think it allows you to understand the full context of the reason why it was recommended to change the definition of farming and truck gardening 391 00:32:31,350 --> 00:32:35,150 and greatly expand it to this agriculture and agricultural use. 392 00:32:35,150 --> 00:32:44,130 The only place that this language on the 5.1 accessory in building was made public. 393 00:32:44,850 --> 00:32:47,110 It was posted in the newspaper via a link. 394 00:32:47,690 --> 00:32:49,810 The language was not included in the newspaper. 395 00:32:50,730 --> 00:32:55,110 A person had to look online or a person had to come into this building. 396 00:32:55,570 --> 00:33:04,550 I was at this meeting on January 6th when this was presented to the City Council with the summary of what was in the accessory building text amendment. 397 00:33:05,470 --> 00:33:11,910 several people in the audience did not understand and could not understand what Mr. Custer was talking about. 398 00:33:12,370 --> 00:33:19,570 This is a complex issue affecting the zoning of how many people, if you think about the residential developments, 399 00:33:19,750 --> 00:33:23,250 how many people in our community are affected by a buffer zone. 400 00:33:23,810 --> 00:33:30,690 If you think about where does we say quality of homes and adding quality affordable homes is the key goal, 401 00:33:31,470 --> 00:33:33,270 where does most development happen? 402 00:33:33,270 --> 00:33:46,850 It happens on the edge of town, property is annexed into town and those people would be affected by the proposed language in the Accessory Building Text Amendment that's been postponed for tonight. 403 00:33:47,810 --> 00:33:53,150 Why proceed with the definition that is so interrelated to all of that language? 404 00:33:53,990 --> 00:34:00,670 That is not transparent. I work at Lakeland College. I am subject to the Open Meetings Act. I know what that means. 405 00:34:01,830 --> 00:34:08,230 This is not being transparent to our community and to residents to understand what is going on. 406 00:34:08,830 --> 00:34:15,850 I have no problem with any of the other definitions in the text if you want to recommend, take action on that, 407 00:34:16,070 --> 00:34:23,850 but I respectfully ask you to either postpone or withhold any decision making until you have the full context of why 408 00:34:23,850 --> 00:34:30,650 or proposing such a dramatic change as you move forward with the definition section. 409 00:34:33,230 --> 00:34:35,230 Any other questions from Ms. Highland? 410 00:34:38,770 --> 00:34:42,950 There was a hundred foot setback and the old one there's not in this one, is that what I understand? 411 00:34:44,070 --> 00:34:49,870 Correct. Not with anything that has a structure or a roof, as Mr. Custer said, 412 00:34:50,370 --> 00:34:54,890 but you could have a structure 100 feet away with the roof and a fence 413 00:34:54,890 --> 00:34:59,470 fence and then any kind of animals could come up right to your property within that. 414 00:35:00,070 --> 00:35:06,190 So you imagine you've got a development, you've got someone that puts something, even it just 415 00:35:06,190 --> 00:35:10,570 has to have a roof, and then they inflows the fence coming right up to your property. 416 00:35:11,050 --> 00:35:17,230 Now I also understand since I've requested this, I've called attention, frankly I spent 417 00:35:17,230 --> 00:35:22,630 last week trying to educate City Council members on what this meant in the Accessory 418 00:35:22,630 --> 00:35:27,410 building amendment and helping people understand what this impact would be. 419 00:35:27,910 --> 00:35:32,590 Not just in my neighborhood but anywhere in the Effingham area affected by a buffer zone. 420 00:35:36,640 --> 00:35:44,260 So it is, Mr. Custer has communicated with us last, as of last Thursday or Friday. 421 00:35:44,540 --> 00:35:51,640 He was proposing additional changes to this and has assured us that he would not bring 422 00:35:51,640 --> 00:35:58,100 this back to a public hearing without informing us of changes. How is that fair to the public? 423 00:35:58,560 --> 00:36:03,500 How is that fair to the city council? How is that fair to you as a public body? This 424 00:36:03,500 --> 00:36:10,640 is a profound, profound change in our zoning regulations that is not having a thoughtful 425 00:36:10,640 --> 00:36:25,360 discussion with leadership, with the city council, from my understanding, this needs to have much more informed thoughtful discussion. 426 00:36:25,660 --> 00:36:30,900 Maybe there are issues that need to be addressed, but I don't think this process is the way of doing it. 427 00:36:37,360 --> 00:36:37,900 Anything further? 428 00:36:38,460 --> 00:36:39,040 Any other questions? 429 00:36:39,580 --> 00:36:40,200 Thank you ma'am. 430 00:36:40,760 --> 00:36:43,580 Anybody else present to testify in support or opposition? 431 00:36:46,590 --> 00:36:47,150 Hearing 432 00:36:49,840 --> 00:36:50,400 none, 433 00:36:55,560 --> 00:36:56,200 Mr. Custer, 434 00:36:59,680 --> 00:37:01,140 do you understand that you're still under oath? 435 00:37:01,580 --> 00:37:14,480 The city would like the definition of agricultural and use to be withdrawn from the text amendment at this time. 436 00:37:15,420 --> 00:37:23,300 So as this is highly stated, we can look into this a little further and how it ties into accessory buildings and the rest of the zoning ordinance. 437 00:37:23,300 --> 00:37:36,380 I bring them back as a package deal sometime in the near future after we've had, as she says, more open discussion on it. 438 00:37:37,420 --> 00:37:51,000 Do you want all of them or do you want the entire text amendment brought back or would you like to just take out the one definition and allow the remaining text amendment? 439 00:37:51,000 --> 00:37:57,880 take the one definition out, the agriculture and use definition out of the proposed text 440 00:37:57,880 --> 00:38:05,100 amendment and leave the structure of the remaining alphabetically and in the few changes 441 00:38:05,100 --> 00:38:05,540 we've made. 442 00:38:09,880 --> 00:38:11,600 That's what you're requesting? 443 00:38:12,100 --> 00:38:12,360 Yes. 444 00:38:12,660 --> 00:38:12,880 Okay. 445 00:38:14,100 --> 00:38:15,180 On behalf of the city? 446 00:38:15,480 --> 00:38:16,340 On behalf of the city. 447 00:38:20,000 --> 00:38:23,280 Any questions by the Plaint Commission? 448 00:38:24,480 --> 00:38:25,540 I don't believe so. 449 00:38:25,540 --> 00:38:35,180 And I do want to add, we do need to really look at this because right now we currently, 450 00:38:35,840 --> 00:38:38,300 the way it's written is exactly as Mrs. Highland stated. 451 00:38:38,720 --> 00:38:45,920 You can put a shed up and have critters, animals, livestock, what have you. 452 00:38:46,640 --> 00:38:52,220 Within that hundred feet between the building can find to say a pen or a stockade or something like that. 453 00:38:52,220 --> 00:39:00,780 And that's that's not good policy so we are looking at the definitions being you 454 00:39:00,780 --> 00:39:08,640 know a corral or stockade a pin a coop stuff like that subject to that's just 455 00:39:08,640 --> 00:39:14,040 an idea that we're looking at as an idea of being subject to the hundred foot 456 00:39:14,040 --> 00:39:19,160 setback. Well are you saying that the current regulations allow that already 457 00:39:19,160 --> 00:39:29,360 right now. More or less yes. Okay and the concern is that in the enclosure of that 458 00:39:29,360 --> 00:39:36,880 setback requirement. And then as she brought up the accessory building text 459 00:39:36,880 --> 00:39:42,660 amendment that really didn't address that issue and it needs to. Okay so the 460 00:39:42,660 --> 00:39:48,040 current regulations allow it the proposed text amendment regarding 461 00:39:48,040 --> 00:39:53,060 starting accessory buildings, didn't clarify it to address the concerns of the public? 462 00:39:53,420 --> 00:39:54,520 It didn't really address it, so. 463 00:39:54,740 --> 00:39:59,440 Okay, so you're saying you'd like to address that issue of what's already currently allowed? 464 00:39:59,860 --> 00:40:00,060 Yes. 465 00:40:00,160 --> 00:40:00,340 Okay. 466 00:40:01,360 --> 00:40:04,840 Anything, any questions by the plan, did you have anything else you wanted to have? 467 00:40:04,840 --> 00:40:06,260 I'll better be quiet now. 468 00:40:06,540 --> 00:40:06,800 Okay. 469 00:40:07,540 --> 00:40:10,480 Any questions by the plan commission for Mr. Custer? 470 00:40:13,500 --> 00:40:13,940 I don't believe so. 471 00:40:13,940 --> 00:40:14,520 Hold on just a second. 472 00:40:14,540 --> 00:40:14,900 Sorry. 473 00:40:15,000 --> 00:40:15,460 Hold on just a second. 474 00:40:15,900 --> 00:40:18,180 I just wanted to ask as you- 475 00:40:18,180 --> 00:40:18,980 Hold on just a second. 476 00:40:18,980 --> 00:40:29,880 Hold on just a second. Let me finish with the Plain Commission and I'm going to, because I didn't get to any questions, any questions about the Plain Commission for Mr. Custer? 477 00:40:30,140 --> 00:40:31,360 No, I don't. Do you have one, Ken? 478 00:40:31,540 --> 00:40:46,360 Yeah, I'm just trying to understand it. So this text amendment, we're basically cutting in half. We're going to try to approve one half of it and leave and re-send this back to re-look at this form. 479 00:40:46,360 --> 00:40:51,500 my ag because we're missing a lot of members tonight and well I'm just 480 00:40:51,500 --> 00:40:57,420 talking to you if you take if you take the agriculture and use new definitions 481 00:40:57,420 --> 00:41:03,020 out of that a lot of it's you know the recovery home additions and just the 482 00:41:03,020 --> 00:41:10,740 alphabetical cleanup so yes that that gives us the opportunity to address 483 00:41:10,740 --> 00:41:11,060 Yes, our 484 00:41:13,170 --> 00:41:22,690 format of our definitions in Article 1 and gives us time and effort to really look 485 00:41:22,690 --> 00:41:27,570 at the agriculture and use definition and how it plays in with the rest of the zoning 486 00:41:27,570 --> 00:41:27,970 ordinance. 487 00:41:28,590 --> 00:41:32,730 Can you have some kind of public hearing before it ever comes back to the fine commission 488 00:41:32,730 --> 00:41:40,610 that you could involve the public or a group from the city to listen to the, okay. 489 00:41:40,610 --> 00:41:47,310 what you know what we can do is we can have it as a discussion item before the 490 00:41:47,310 --> 00:41:51,450 plan Commission we have a discussion item before the City Council meeting we 491 00:41:51,450 --> 00:41:56,630 can have an open house meeting on us on an evening or Saturday morning to go 492 00:41:56,630 --> 00:42:02,410 over whatever we come up with in the future the discussion like and I'm 493 00:42:02,410 --> 00:42:05,350 speaking out of turn here but like with discussion come up with some good 494 00:42:05,350 --> 00:42:11,850 items or some of the points to help. I mean, there's been some good, yeah, good testimony 495 00:42:11,850 --> 00:42:15,670 here tonight, so. On behalf of Greg, I do want to mention that 496 00:42:16,410 --> 00:42:24,550 we used to not bring up in front of the City Council. They used to, the process was it 497 00:42:24,550 --> 00:42:29,510 came straight to the Plain Commission for proposed text amendment that was always published 498 00:42:29,510 --> 00:42:34,290 and notice given, but it came straight to the Plain Commission. Lately in the last 499 00:42:34,290 --> 00:42:38,490 couple years Greg has been mentioning it as a discussion on him and that's how 500 00:42:38,490 --> 00:42:44,150 some of the members of the public became aware of it. Now I always recommend that 501 00:42:44,150 --> 00:42:50,170 the public be involved in the governance and check the agendas and 502 00:42:50,970 --> 00:42:56,750 participate at meetings. At least we're you know watch it online whether it's 503 00:42:56,750 --> 00:43:04,790 now live or I, you know, you can go back, I don't know how many years and look at the 504 00:43:04,790 --> 00:43:13,550 videos, but Greg has been in the last couple of years bringing the proposed text amendments 505 00:43:13,550 --> 00:43:20,130 to the city council for a discussion item before they even come to the Planned Commission 506 00:43:20,910 --> 00:43:29,610 to get a feel and to try to attempt to get it out to the public before it comes as a public hearing. 507 00:43:30,170 --> 00:43:34,490 So, I agree, but I did want to mention that. He's been making... 508 00:43:34,490 --> 00:43:35,610 Yeah, I don't know if I'm making anything negative about it. 509 00:43:35,670 --> 00:43:41,270 Right. Any questions by the Planning Commission for a Greg? Hearing none. 510 00:43:41,590 --> 00:43:43,690 Any questions by the public? Ms. Highland? 511 00:43:43,690 --> 00:43:50,710 Thank you for withdrawing my request, is that as you go forward thinking about policy change 512 00:43:50,710 --> 00:43:57,250 for the Accessory Text Amendment, please think what is to the benefit of the taxpayers living 513 00:43:57,250 --> 00:44:03,130 in city limits, because as it was currently written and proposed at the January 6th meeting, 514 00:44:03,670 --> 00:44:07,950 my interpretation along with several people that I've talked to, their interpretation, 515 00:44:07,950 --> 00:44:14,790 If benefited, people living in the buffer zone who do not live in the city limits and pay the city taxes. 516 00:44:15,470 --> 00:44:19,150 Please think about the tax paying citizens when you consider- 517 00:44:19,150 --> 00:44:22,090 Question, question only for this. 518 00:44:22,310 --> 00:44:23,250 Please consider that. 519 00:44:23,450 --> 00:44:23,870 Absolutely. 520 00:44:24,410 --> 00:44:24,790 All right. 521 00:44:25,090 --> 00:44:26,150 I'm not a lawyer though. 522 00:44:26,830 --> 00:44:27,310 Okay. 523 00:44:28,070 --> 00:44:31,350 And when, I'm going to ask you a question really quick even though you're not up here. 524 00:44:31,570 --> 00:44:36,730 When you say buffer zone, you mean the extra territorial outside of the city limits? 525 00:44:36,730 --> 00:44:47,570 So when Ms. Halen said buffer a lot several times, what she's referring to is that area of zoning, 526 00:44:48,350 --> 00:44:53,170 correct me if I'm wrong, that area of property that's outside the corporate limits, 527 00:44:53,270 --> 00:44:59,570 but still within the zoning enforcement, which is one and a half miles for the most part, 528 00:44:59,570 --> 00:44:59,990 but not all. 529 00:45:00,000 --> 00:45:04,900 It's always, it depends on some properties, but generally up to one and a half miles outside 530 00:45:04,900 --> 00:45:10,620 of the city limits. The extra territorial, where they're subject to zoning and subdivision, 531 00:45:10,820 --> 00:45:17,760 but nothing else as far as city regulations. Okay. Is that accurate? 532 00:45:20,490 --> 00:45:20,710 Sorry. 533 00:45:20,910 --> 00:45:21,550 Is that accurate? 534 00:45:21,970 --> 00:45:22,230 Yes. 535 00:45:22,490 --> 00:45:27,730 Okay. All right. Just for clarity so that everyone understands, because buffer can sometimes mean 536 00:45:27,730 --> 00:45:31,610 other things. So I just want to make sure that everyone understands where you're, 537 00:45:31,610 --> 00:45:32,950 what you're referring to. 538 00:45:33,030 --> 00:45:36,330 As I spent the week trying to educate people on the proposed language, 539 00:45:36,850 --> 00:45:39,610 I felt like I was talking to people with... 540 00:45:40,910 --> 00:45:43,310 Stringing headlights when I said non-urban. 541 00:45:43,850 --> 00:45:44,650 That didn't make sense. 542 00:45:44,830 --> 00:45:47,790 But when I said buffer zone, it clicked with people to understand 543 00:45:47,790 --> 00:45:51,170 that's property, the bus up to city property. 544 00:45:51,510 --> 00:45:57,790 And it's meant to be a protection of buffer from living in the country 545 00:45:57,790 --> 00:45:58,670 on a farm girl. 546 00:45:58,670 --> 00:46:04,790 I grew up on a farm, I raised pigs, but there's a difference between living in the city and 547 00:46:04,790 --> 00:46:09,910 having city property for a reason and living in the country, and the buff or some is just 548 00:46:09,910 --> 00:46:10,250 that. 549 00:46:10,430 --> 00:46:12,050 It protects you from the two. 550 00:46:14,010 --> 00:46:15,050 Anything further? 551 00:46:15,430 --> 00:46:15,490 Greg? 552 00:46:18,290 --> 00:46:23,630 So I am going to look at the agriculture and use definition, and one of the things 553 00:46:23,630 --> 00:46:28,250 that I've come across is hobby farm or something like that. 554 00:46:28,250 --> 00:46:33,770 So that definition that tends to cover like Celtics Dairy Farm across the airport, 555 00:46:34,010 --> 00:46:39,490 Goldstein's Farm, Dairy Farm, or Reckon and Abbey, or even the grain farmers and stuff like that. 556 00:46:40,550 --> 00:46:42,230 My dad lives on Dacey Avenue. 557 00:46:42,450 --> 00:46:45,310 He has a house, he has a shed, and he has two mules in a pasture. 558 00:46:45,910 --> 00:46:47,750 That is not an agricultural farm. 559 00:46:47,950 --> 00:46:52,050 That is a hobby farm or whatever you want to, definition you want to call it. 560 00:46:52,930 --> 00:46:56,070 That property is not used for agricultural purposes, 561 00:46:56,070 --> 00:47:02,010 But he does have two mules he puts up to a wagon and goes around on a Sunday afternoon and gets his grandkids right. 562 00:47:02,530 --> 00:47:05,870 So that property is not in agricultural use. 563 00:47:06,370 --> 00:47:12,390 So just as the difference between football and 564 00:47:12,390 --> 00:47:16,290 agricultural use and what's not agricultural use but may have critters. 565 00:47:16,650 --> 00:47:19,690 Are hobby farms allowed within the non-term industry? 566 00:47:20,350 --> 00:47:22,530 Well, that's a good question. 567 00:47:22,530 --> 00:47:29,110 And are you trying to make that happen to benefit people in the non-urban industry again, not sitting past the year? 568 00:47:29,470 --> 00:47:30,130 Not the intent. 569 00:47:31,270 --> 00:47:32,830 The result would be that. 570 00:47:34,410 --> 00:47:36,130 Result would be that you've got age. 571 00:47:36,310 --> 00:47:37,250 Hold on, hold on. 572 00:47:37,290 --> 00:47:37,670 Sorry. 573 00:47:37,950 --> 00:47:38,510 Hold on, guys. 574 00:47:38,710 --> 00:47:38,930 Sorry. 575 00:47:39,090 --> 00:47:42,150 She also has to take down, so we have to go one at a time. 576 00:47:42,490 --> 00:47:47,530 And I don't want to impact your ability to, but we need to stay controlled. 577 00:47:48,530 --> 00:47:51,410 It's questions only to Greg, okay? 578 00:47:52,710 --> 00:47:55,150 And state your name and then a question. 579 00:47:55,450 --> 00:47:56,150 Okay, go ahead. 580 00:47:56,250 --> 00:48:01,730 The question is in this new definition, it's so much broader now 581 00:48:01,730 --> 00:48:07,230 because you've added A, you've added pigs and different things to this 582 00:48:07,230 --> 00:48:12,650 that make virtually anybody that has a hockey farm B 583 00:48:14,570 --> 00:48:20,790 I mean, it makes it very easy for somebody that has them again and stores they in it, 584 00:48:21,110 --> 00:48:22,110 it's now okay. 585 00:48:22,690 --> 00:48:28,050 My thinking is, if you're raising pay, that's a negative cost for use. 586 00:48:30,190 --> 00:48:36,270 If you've got a couple of meals for recreation, and yes, you do pay a little bit of your, 587 00:48:36,770 --> 00:48:41,510 a couple acres or something like that, that would not fall under a negative cost for use. 588 00:48:42,990 --> 00:48:47,970 Are you suggesting that you were wanting to look at potential differentiation between 589 00:48:47,970 --> 00:48:54,990 a hobby farm and agriculture use as part of your evaluation of how to differentiate? 590 00:48:55,630 --> 00:49:04,650 We do need to look at that, and we need to, you know, farm the farming communities all 591 00:49:04,650 --> 00:49:12,730 around this, but we also have those folks like my dad that has a house in the shed behind 592 00:49:12,730 --> 00:49:18,630 it and stalls in there for the critters and a small half acre, three-quarter acre pasture. 593 00:49:19,810 --> 00:49:23,850 That in my mind is not under that definition. 594 00:49:24,590 --> 00:49:34,780 So what definition do we use to define that and what regulations do we put on that? 595 00:49:34,780 --> 00:49:39,660 Is it still, you know, should my dad shed the 100 feet from properly? 596 00:49:40,260 --> 00:49:42,620 Yes, because it has houses critters. 597 00:49:43,060 --> 00:49:47,720 But does this pasture need to be 100 feet from properly? 598 00:49:47,980 --> 00:49:50,420 That's a question that we need to look at. 599 00:49:50,840 --> 00:49:58,300 Now, if he has four cows out there in a small area of 200 by 200, 600 00:49:58,920 --> 00:49:59,980 that's not a pasture. 601 00:50:00,980 --> 00:50:01,700 That's a feet. 602 00:50:02,500 --> 00:50:16,700 So, there's going to need to be more definitions in, like I said, a stockade, a feedlot, a chicken coop or a coop, a pen, you know, that's not pasture. 603 00:50:17,640 --> 00:50:25,160 And then, even so much going so far as how many animals you can have in that pasture, animal units, defined by the partner back. 604 00:50:25,160 --> 00:50:31,240 So, for example, the cow with one animal unit, the horse is actually two animal units. 605 00:50:33,520 --> 00:50:33,960 So... 606 00:50:33,960 --> 00:50:35,380 You have a question on that? 607 00:50:35,500 --> 00:50:35,720 Okay. 608 00:50:36,080 --> 00:50:37,040 Hold on just a second. 609 00:50:37,340 --> 00:50:39,020 Are you done with what you were saying? 610 00:50:39,120 --> 00:50:39,260 Yeah, yeah. 611 00:50:39,400 --> 00:50:39,600 Okay. 612 00:50:39,640 --> 00:50:40,520 I just have a question on that. 613 00:50:41,040 --> 00:50:41,100 Okay. 614 00:50:41,120 --> 00:50:41,320 Go ahead. 615 00:50:42,500 --> 00:50:46,320 In the definition it says four animal units per acre. 616 00:50:46,580 --> 00:50:50,520 I understand you're just saying there's different animal units for the size of the animal. 617 00:50:50,800 --> 00:50:50,980 Yeah. 618 00:50:52,180 --> 00:51:00,300 But if you have a property next to the city that has 60 acres, how many animal units can they have? 619 00:51:01,720 --> 00:51:12,040 Well, it depends on the animal. So 60 acres would be 60 cows, but is the entire 60 acres pasture? 620 00:51:13,740 --> 00:51:17,040 Can they have 60 cows, 60 pigs, 60 chickens? 621 00:51:17,040 --> 00:51:21,740 know it's 60 cows or 30 horses. 622 00:51:23,800 --> 00:51:30,320 So I mean that you know it's a good discussion and 623 00:51:32,460 --> 00:51:39,240 seems like I opened Pandora's box for a good reason. Not the Pandora's box in 624 00:51:39,240 --> 00:51:44,280 this case is bad it's just it's bringing up some good discussion on what 625 00:51:45,750 --> 00:51:51,430 But we need the, because I mean part of the conference of plan, the 2050 conference of plan is updating our zoning and 626 00:51:51,430 --> 00:51:58,690 sub-concursions, and the zoning ordinances from 1989, so we need to look at it as a whole. 627 00:51:59,550 --> 00:52:07,210 And as Ms. Hyland stated in her testimony, what you do sometimes in one place really affects other places and 628 00:52:07,210 --> 00:52:10,190 you need to call over, bring them together in a congealed fashion. 629 00:52:15,030 --> 00:52:18,130 Now, did you have a question? 630 00:52:20,130 --> 00:52:21,310 Any other questions by the public? 631 00:52:22,630 --> 00:52:26,290 One final question. Was your dad on my road the other day 632 00:52:26,290 --> 00:52:30,510 and did you drop by and offer my children a ride on Cedon Pease or whatever they were? 633 00:52:30,530 --> 00:52:32,710 We'll need you a ride sometimes. Ridiculous. 634 00:52:33,990 --> 00:52:38,490 So this has nothing to do with anything, but in April 635 00:52:38,490 --> 00:52:42,310 they have a bunch of other guys get together and they take a ride and they go down 636 00:52:42,310 --> 00:52:44,550 to B&B campground in Shawnee. 637 00:52:44,610 --> 00:52:46,330 It takes him a week to get down there five days. 638 00:52:46,970 --> 00:52:48,990 So what's he start doing after the first year? 639 00:52:49,230 --> 00:52:50,750 He start getting, gets the meals out, 640 00:52:50,850 --> 00:52:52,130 get them in shape for that long run. 641 00:52:53,450 --> 00:52:54,810 So he buzzes them up and down the road 642 00:52:54,810 --> 00:52:55,750 and goes south end of town. 643 00:52:56,110 --> 00:52:58,650 All right, by my house and doesn't stop by. 644 00:52:59,510 --> 00:53:01,170 Got my drill, Sandy, give me a ride. 645 00:53:03,030 --> 00:53:04,530 Would you like to hear any further testimony? 646 00:53:05,230 --> 00:53:05,470 No. 647 00:53:06,170 --> 00:53:08,590 Were there any other questions for Greg before I close 648 00:53:08,590 --> 00:53:09,150 public hearing? 649 00:53:10,030 --> 00:53:13,010 I'll close public hearing versus discussion amongst the planning commission. 650 00:53:13,710 --> 00:53:16,530 Okay. Looks like we've got things ironed out. 651 00:53:17,010 --> 00:53:22,150 The motion will be to go ahead and approve the... 652 00:53:23,150 --> 00:53:23,770 Recommend approval. 653 00:53:24,150 --> 00:53:25,010 Recommend approval. 654 00:53:26,950 --> 00:53:34,220 Of changing the tax amendment to put things in alphabetical or they will stay in. 655 00:53:34,220 --> 00:53:43,680 Well, of the proposed tax amendment, less the definition of agricultural and use with 656 00:53:43,680 --> 00:53:46,840 the removal of the definition of agriculture and use. 657 00:53:47,260 --> 00:53:47,940 Let's keep it simple. 658 00:53:48,160 --> 00:53:50,900 Tax amendment to recommend part. 659 00:53:51,360 --> 00:53:52,460 Recovery home will stay. 660 00:53:52,800 --> 00:53:59,240 Well, everything will stay less the agriculture and use definition that will be removed. 661 00:54:00,320 --> 00:54:02,060 Everybody wants to put that into a motion. 662 00:54:03,000 --> 00:54:06,140 I will go ahead and entertain that motion for that. 663 00:54:08,080 --> 00:54:09,820 Got a motion by Commissioner Walton. 664 00:54:10,240 --> 00:54:11,060 I'll second the motion. 665 00:54:11,360 --> 00:54:12,620 Second by Commissioner McHugh. 666 00:54:12,840 --> 00:54:15,000 All those in favor signify by saying aye. 667 00:54:15,460 --> 00:54:15,600 Aye. 668 00:54:16,020 --> 00:54:16,920 Opposed same sign. 669 00:54:17,280 --> 00:54:18,020 That motion carries. 670 00:54:21,640 --> 00:54:21,960 Okay. 671 00:54:22,700 --> 00:54:23,340 There are... 672 00:54:24,220 --> 00:54:25,480 Drag me might as well... 673 00:54:25,480 --> 00:54:26,520 Oh, you're going to go over here. 674 00:54:28,060 --> 00:54:28,720 We have a motion. 675 00:54:42,290 --> 00:54:47,790 Next item we have is just discussion only and we're looking at zoning ordinance text amendments 676 00:54:47,790 --> 00:54:50,070 to the zoning ordinance are still being drafted. 677 00:54:50,770 --> 00:54:58,010 It may be months before you see any of these, okay, or it may just be in the one big zoning 678 00:54:58,010 --> 00:55:03,900 new zoning ordinance and then, so that's that. 679 00:55:05,890 --> 00:55:07,810 Anybody has any thoughts on any of these? 680 00:55:09,010 --> 00:55:10,190 We should say them out loud. 681 00:55:10,550 --> 00:55:10,710 Yep. 682 00:55:10,810 --> 00:55:13,890 A possible tax amendments concerning which have been, 683 00:55:14,250 --> 00:55:18,350 a lot of these have been discussed at prior plan commission, 684 00:55:18,550 --> 00:55:20,110 zoning board, city council, 685 00:55:20,490 --> 00:55:22,890 relative to vacation short-term rentals, 686 00:55:23,190 --> 00:55:25,010 site plan and signs. 687 00:55:27,110 --> 00:55:28,710 We've discussed them. 688 00:55:29,090 --> 00:55:37,730 I don't know that we've discussed site plans very much, but we have article 27 with site plans and we have appendix A in site plans 689 00:55:37,730 --> 00:55:43,350 and what we're going to do is we're going to put them together so they're in one place because sometimes slip to the back and forth 690 00:55:44,230 --> 00:55:52,610 and plus we have our own little checklist for site plans so we're going to try and incorporate, put those in one article and make sense. 691 00:55:52,610 --> 00:55:53,270 All 692 00:55:57,660 --> 00:56:01,180 right. Anything that you'd like to add? 693 00:56:01,180 --> 00:56:02,780 Questions for Greg? Comments? 694 00:56:04,240 --> 00:56:04,780 Next slide. 695 00:56:04,980 --> 00:56:05,420 Hearing none. 696 00:56:05,640 --> 00:56:06,120 No comments. 697 00:56:10,660 --> 00:56:14,300 Next discussion item is F&M 2050 comprehensive plan. 698 00:56:15,680 --> 00:56:23,040 So the big thing on this is we've posted the link to the draft plan on our website. 699 00:56:23,360 --> 00:56:28,740 We've emailed it to everybody that's been involved in the process up to this date. 700 00:56:30,500 --> 00:56:35,900 And this is kind of our game plan for getting us to the adoption of our conference plan. 701 00:56:36,240 --> 00:56:42,100 So the big meeting, I say a big meeting is January 22nd when we're going to have steering 702 00:56:42,100 --> 00:56:46,140 committees, City Council, Planning Commissions, and the Board of Appeals all here for a special 703 00:56:46,140 --> 00:56:52,420 meeting who obviously if you have a granddaughter's birthday that night, you may be out of 704 00:56:52,420 --> 00:56:56,600 go to it, and maybe watch it later, but we're going to do a little workshop. 705 00:56:56,860 --> 00:57:01,820 We'll have Stephanie and Jacob down here and kind of go through the plan, 706 00:57:01,940 --> 00:57:02,800 section by section. 707 00:57:03,200 --> 00:57:10,100 I'm figuring in two hours that we will have food and some beverages. 708 00:57:11,680 --> 00:57:16,740 And then we're going to have a couple open houses, one on a Saturday morning, 709 00:57:16,960 --> 00:57:17,820 one on Thursday evening. 710 00:57:17,820 --> 00:57:25,340 and in our public hearing is penciled in for February 10th of the Plan Commission. 711 00:57:26,400 --> 00:57:35,360 Unfortunately, Jacob will not be able to join us that night, but I think at that point we should have a pretty good handle on where we're at with the plan. 712 00:57:35,720 --> 00:57:42,040 And then the following City Council meeting will be a discussion of the Plan Commission's recommendation. 713 00:57:42,040 --> 00:57:50,480 and then March 3rd is the planned vote up or down or parts of the city council 714 00:57:50,480 --> 00:57:56,020 can adopt parts of the comprehensive plan when they adopted so and you can 715 00:57:56,020 --> 00:58:02,260 recommend parts to be adopted and parts to be kicked back for further review so 716 00:58:02,260 --> 00:58:08,280 are you good I do want to reiterate it says it right up on top all meetings are 717 00:58:08,280 --> 00:58:10,820 are open to the public and the public can participate 718 00:58:10,820 --> 00:58:11,580 at those meetings. 719 00:58:12,240 --> 00:58:14,300 There are some meetings where you do have to put 720 00:58:14,300 --> 00:58:17,180 a speaker's card, but like Plan Commission, you do not. 721 00:58:18,580 --> 00:58:21,100 All meetings are open to the public. 722 00:58:23,700 --> 00:58:24,140 They know that. 723 00:58:25,440 --> 00:58:26,500 And it's online. 724 00:58:26,960 --> 00:58:29,860 I'm just going to say the City Council meetings, 725 00:58:30,560 --> 00:58:32,380 you may want to grab a speaker's card for that, 726 00:58:32,500 --> 00:58:35,260 but as far as I'm concerned, the zoning board 727 00:58:35,940 --> 00:58:38,540 and the Plan Commission, you know, 728 00:58:38,540 --> 00:58:42,540 If you want to come and speak on the progress of plan at one of those meetings, please, 729 00:58:42,680 --> 00:58:48,320 they will have a discussion, discussion item just like we have been. 730 00:58:50,820 --> 00:58:54,480 Is there a time set for the January 22nd special meeting? 731 00:58:55,180 --> 00:58:56,000 6 p.m. 732 00:58:56,160 --> 00:58:56,880 6 p.m. 733 00:58:57,060 --> 00:59:00,420 If you want to come a little early, that's good. 734 00:59:01,220 --> 00:59:01,820 Very good. 735 00:59:03,800 --> 00:59:05,260 Any other questions, comments? 736 00:59:07,240 --> 00:59:11,400 Hearing none, the next meeting for the applying condition will be Federal Rate Act 737 00:59:13,240 --> 00:59:18,180 I think all my commissioners for coming this evening City Council for putting all the stuff together for us 738 00:59:18,180 --> 00:59:20,200 I will entertain a motion to adjourn 739 00:59:21,240 --> 00:59:23,140 Motion by Commissioner Wolfman 740 00:59:23,140 --> 00:59:29,960 Second by Commissioner Sparrow all those in favor signify by saying aye the post same sign motion carries