Carbondale Reporter

City of Carbondale Planning Commission met Wednesday, Jan. 18.

"The specific duties of the Planning Commission include, but are not limited to: (1) to originate, prepare and recommend to the City Council a comprehensive plan as a guide for the future physical and social development of a territory which includes the City and up to one-and-one-half miles from the corporate limits; (2) to review and make recommendations concerning alleviating or solving social problems which confront the citizenry, provide for the economic development of the City, or provide for the improvement of housing conditions within the City; (3) to review and make recommendations to the Council concerning the Capital Improvements Program as it relates to the Comprehensive Plan; (4) to promote the comprehensive plan; (5) to review and make recommendations on proposed subdivisions; (6) to cooperate with other municipal and regional planning commissions and other agencies to recommend to the Council after a public hearing, amendment changes, supplements or repeals to the zoning ordinance, and to make recommendations on other matters relative to the developmental aspects of the City.

Composition: Nine (9) members appointed by the Mayor with the consent of the Council, and one city council member serving in an ex-officio capacity. Not less than seven members shall reside within the city and two may live within the 1 1/2 mile zone beyond the city limits. All members elect the Chair. Four year terms. (CRC 15-1A)

Planning Commission members also serve as the membership of the Zoning Board of Appeals."

MINUTES Carbondale Carbondale Planning Commission

Wednesday, January 18, 2017 Room 108, 6:00 p.m. City Hall/Civic Center

Dr. LeBeau called the meeting to order at 6:03 p.m.

Members Present: LeBeau, Sheffer, Hamilton, Burnside, Love, Litecky, Lilly and Bradshaw

(ex-officio)

Members Absent: None

Staff Present: Price, Taylor, and Lawrence

1. Approval of Minutes:

Ms. Litecky moved, seconded by Mr. Hamilton, to approve the minutes for December 7, 2016.

The motion to approve the minutes passed with a unanimous voice vote.

2. Citizen Comments or Questions

There were none

3. Report of Officers, Committees, Communications

There were none

4. Public Hearings

PC 17-11, 6:06pm- Kevin Wheetley is requesting a Special Use Permit to allow for a Contract Construction Service in an AG, General Agriculture, district for property located at 39 Salt Life Lane.

Dr. LeBeau declared Public Hearing PC 17-11 open and asked Mr. Taylor to read the legal notice.

Travis Taylor, Senior Planner, read the legal notice.

Mr. Taylor also stated that staff had received nine phone calls in opposition and one

letter, which contained a signed petition, which Mr. Taylor then read into the record. See attached letter as Exhibit A.

Dr. LeBeau asked Mr. Price to present the staff report.

Mark Price, Planner for the City of Carbondale, was sworn in and read parts A and B of the staff report.

Dr. LeBeau asked if there were any questions of staff.

Mr. Sheffer questioned that if the property were just south of its current location would the City have any control on the property at all. Mr. Taylor stated that the property is located right on the edge of Carbondale jurisdiction. Mr. Sheffer and Mr. Price then discussed that part of the property is located outside of City jurisdiction.

Dr. LeBeau asked if the applicant was present and if they wished to speak.

Kevin Wheetley and his Attorney Angela Povolish came forward to speak. Ms. Povolish spoke about the property. She stated that it was purchased by Mr. Wheetley and that he had been making improvements to it since the time of purchase. Ms. Povolish stated that Mr. Wheetley is currently working on clearing out the remaining debris that is located on the site which was left by the previous owners. Ms. Povolish also stated that Mr. and Mrs. Wheetley plan to build a home on the property and make it their permanent residence within the next couple of years. They are not residing on the site in the mobile home that is currently located on the property. Ms. Povolish also stated that the type of trucks that would be stored on that site would not be as the staff report alluded to, the trucks consist of one semi, one dump truck, with the remaining being pickup style trucks. Ms. Povolish went on to speak about some of the concerns that were stated in the letter presented by Mr. Taylor.

Dr. LeBeau asked if there were any questions from the Commissioners to the applicant.

Ms. Litecky questioned Mr. Wheetley about the growing of the business and what types of new trucks he wishes to get within the next five years. Mr. Wheetley stated that if he were to add anymore trucks its possible that he might add one more semi and one more dump

truck. He stated he is not looking to grow his company a great deal more than it already has.

Mr. Sheffer then stated to Mr. Wheetley that if the special use permit were to be granted, the Planning Commission would be able to place any type of limitation on it they see fit. Mr. Wheetley stated that he was aware of that possibility. Mr. Sheffer also asked Mr. Wheetley how long he has currently been operating at the location on Pleasant Hill Road without the proper permits in place. Mr. Wheetley stated that the building has been there since fall of 2015.

Dr. LeBeau asked if anyone wished to speak in favor.

James Temple of 5067 West Pleasant Hill Road, came forward to speak in favor. Mr. Temple stated that Mr. Wheetley's trucks did not cause any of the damage to Pleasant Hill Road like the letter stated and the damage was caused by trucks going back and forth from Campus Lake. Mr. Temple also stated that Mr. Wheetley has made many improvements to the property since he bought it and Mr. Wheetley wants to bring improvements to the community and the property. Mr. Temple also stated that there really is not any safety concern with the driveway on the property because any vehicle leaving can see for over a half a mile down the road and can see oncoming traffic.

Dr. LeBeau asked if anyone wished to speak in opposition.

Greg Rose of 272 Clark Road, came forward to speak in opposition. He stated that Mr. Wheetley’s business would not be in harmony with the neighborhood around his property. Mr. Rose also spoke about the safety with the traffic on Pleasant Hill Road and the issues that large trucks can cause on such a narrow road. Mr. Rose also spoke about the noise that comes from the property.

Wayne Kessinger of 1644 Country Club Road, came forward and spoke about the current mess that is on Mr. Wheetley's property and also spoke about the traffic dangers on Pleasant Hill Road. Mr. Kessinger also stated that he is concerned with the increase in noise the business will cause.

Richard Borts of 2723 Country Club Road, came forward to voice his concerns about the traffic issues on both Pleasant Hill Road and Country Club Road and how having big trucks driving it on a daily basis would be a danger to not only other vehicles but also the bicyclist and runners on that road.

Kathleen Frye of 272 Clark Road, voiced her concerns about the traffic problems and she also spoke about the waste from the excavating business. Ms. Frye also voiced concerns about the possibility of a drop in property values around the business.

Michelle Sullivan of 113 Clark Road, came forward to ask the Commission what a special use permit means for the property in the future. Mr. Taylor stated that if the applicant is granted the special use permit it would be valid until the business is no longer in operation. Mr. Taylor also stated that the special use permit would be null and void after six months and the special use permit does not open up possible changes for properties nearby, only for Mr. Wheetley's property. Ms. Sullivan also spoke about her community and not wanting her tight knit community to change with a business coming into it.

Jack Long of 207 Clark Road, came forward to speak about the land that is surrounding

Mr. Wheetley's property and what had been located on the land before Mr. Wheetley purchased it.

Katelyn Wittenborn of 220 McLafferty, came forward to speak about her land that is located next to Mr. Wheetley's business where her livestock is located. Ms. Wittenborn spoke about the issues with having such loud trucks and machines next to her livestock and scaring them. Ms. Wittenborn also spoke about her concerns with the safety of the road.

Phillip Linburg of 2421 Country Club Road, came forward to speak about the issues with the road and the fact that there is going to be issues with the road no matter what is located on Pleasant Hill. Mr. Linburg also spoke about the improvements that Mr. Wheetley is making to the property and that he can see positive changes being done. Mr. Linburg also brought up the dangers that take place on Pleasant Hill Road that have nothing to do with Mr. Wheetley's trucks.

Dwight Sanders of 1800 Country Club Road, came forward to reiterate the concerns about having a business in a rural neighborhood and how many of the neighbors around Mr. Wheetley are very much against this change.

Teresa Kessinger of 1644 Country Club Road, came forward to voice concerns about the possibility of an expansion of business if the special use permit is granted and how that Would impact her rural community. Ms. Kessinger also reiterated the concerns of safety and the deprecation in value to surrounding properties with having a commercial business nearby.

Wayne McCray of 1762 Country Club Road, came forward with concerns about the fact

that Mr. Wheetley built his business on the land without the proper permits in the first place.

Dr. LeBeau asked Mr. Price to read the analysis.

Mr. Price read Parts C and D of the staff report with a recommendation to approve PC 17-11.

Dr. LeBeau asked if the Commissioners had questions for staff.

Mr. Sheffer asked if there were any known weight limits on Pleasant Hill Road. Both Mr. Taylor and Mr. Price stated that they were not aware of any posting on the road. Mr. Sheffer also asked again if the property were located just a half a mile south of its location would the City be able to place any restrictions. Mr. Taylor stated that it would be outside the jurisdiction and therefore no limitations could be placed.

Dr. Burnside stated the fact that this property was zoned as AG, then any sort of agriculture could be placed on that land, including tractors and other farming equipment. Mr. Price stated that would be allowed with the current type of zoning for the property.

Dr. LeBeau asked if there were any questions from anyone to anyone.

Kathleen Frye came forward to ask again if it is an excavating business where will any waste that has been excavated be dumped. Mr. Wheetley stated that all of the waste that his business has on projects either goes to the landfill or to a hazmat landfill and all of the equipment is cleaned before it is taken off of a hazardous site. Mr. Wheetley stated that nothing will be dumped on this property. Mr. Wheetley also stated that there is another contracting company a few miles to the South of his property that has many more large trucks and equipment that use Pleasant Hill Road daily.

Ms. Frye also questioned if the applicant could put up more buildings than just the current pole barn. Mr. Taylor stated that unless conditions are put in place with the special use permit, the applicant would be able to expand the business and the amount of buildings on the property. Ms. Frye also questioned Mr. Taylor on the process of the applicant requesting a special use permit and the time frame involved. Mr. Taylor explained the normal procedures in planning cases and the timelines involved.

Robert Borts came forward to speak about the weight limit signs that were once posted on Pleasant Hill Road for the winter months. Mr. Borts wanted to know who would be to inforce those limits and why it's not being policed.

Ms. Litecky asked Mr. Wheetley if his semi-truck and trailer were wideload. Mr. Wheetley stated that the truck is not wide load but the excavating machine that is used is considered wide load so he must have a permit and banner stated oversized load.

Dr. M Stalls came forward to ask the Commission if there were any plans to make any Safety improvements to Pleasant Hill Road and any of the other dangerous roads located in Carbondale. Ms. Litecky and Dr. Stalls then had a discussion about road jurisdictions and who make improvements to certain roads.

Greg Rose came forward to ask the Commission how they actually make their decisions during Planning Commission cases, do they base most of their decision on the City Planner's recommendation or do they look at the community's views and opinions when making a final decision. Ms. Litecky stated that she in fact does look at and consider everything when making her final decision on any case.

Dr. LeBeau declared PC 17-11 closed and asked for a motion on the findings of fact.

Mr. Sheffer moved that the Commission accept as findings of fact Part A and B of the staff report for PC 17-11, the applicant was present, one person spoke in favor, ten people spoke in opposition, and a signed petition was submitted in opposition, seconded by Ms. Litecky.

The motion was passed with a unanimous voice vote.

Mr. Sheffer moved to consider all seven criteria of Part C as one, seconded by Mr. Love.

Roll Call Vote:

Yes - 2 (Sheffer, Love)

No - 5 (LeBeau, Hamilton, Burnside, Lilly, Litecky)

Ms. Litecky moved to consider all seven criteria of Part C as separately, seconded by Dr. Hamilton.

Roll Call Vote:

Yes - 4 (LeBeau, Hamilton, Burnside, Litecky)

No - 3 (Sheffer, Love, Lilly)

Mr. Sheffer moved that the proposed special use will permit and encourage an environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood, seconded by Mr. Love.

Roll Call Vote:

Yes - 3 (Sheffer, Burnside, Love)

No - 4 (LeBeau, Hamilton, Lilly, Litecky)

Mr. Sheffer moved that the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, or general welfare, seconded by Mr. Burnside.

Roll Call Vote:

Yes - 3 (Sheffer, Burnside, Love)

No - 4 (LeBeau, Hamilton, Lilly, Litecky)

Mr. Sheffer moved that the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property value within the neighborhood, seconded by Mr. Love.

Roll Call Vote:

Yes - 5 (LeBeau, Sheffer, Burnside, Lilly, Love)

No-2 (Hamilton, Litecky)

Mr. Sheffer moved that the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district, seconded by Mr. Love.

Roll Call Vote:

Yes - 5 (Sheffer, Hamilton, Burnside, Love, Lilly) No – 2 (LeBeau, Litecky)

Mr. Sheffer moved that adequate utilities, access roads, drainage and other necessary facilities have been or are being provided, seconded by Mr. Love.

Roll Call Vote:

Yes - 3 (Sheffer, Love, Lilly)

No - 4 (LeBeau, Hamilton, Burnside, Litecky)

Mr. Sheffer moved that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets, seconded by Mr. Love.

Roll Call Vote:

Yes – 5 (Sheffer, Hamilton, Burnside, Love, Lilly) No -2 (LeBeau, Litecky)

Mr. Sheffer moved that the special use will be located in a district where such use may be permitted, and shall conform to all requirements of this Title 15, seconded by Mr. Love.

Roll Call Vote:

Yes – 5 (Sheffer, Hamilton, Burnside, Love, Lilly) No – 2 (LeBeau, Litecky)

Mr. Sheffer moved to accept City Planning staffs recommendation to approve PC 17-11 with a condition that they be limited to no more than two semis, that no business signage can be displayed onsite, that the full property be annexed into the City, and that a development plan be presented by the owner, seconded by Ms. Litecky.

Roll Call Vote:

Yes - 6 (Sheffer, Hamilton, Burnside, Love, Lilly, Litecky)

No - 1 (LeBeau)

Mr. Taylor stated that the motion to recommend approval has passed and that the item would be on the City Council agenda at their meeting on February 14, 2017.

PC 17-12, 8:10pm- NLB Investments, LLC, is requesting a Special Use Permit to allow for a car wash in a BPL, Planned Business, Zoning District at the following location of 750 North Giant City Road.

Dr. LeBeau declared Public Hearing PC 17-12 open and asked Mr. Taylor to read the legal notice.

Mr. Taylor read the legal notice.

Mr. Taylor also stated that staff had received one email asking some general questions.

Dr. LeBeau asked Mr. Taylor to present the staff report.

Mr. Taylor, Senior Planner for the City of Carbondale, was sworn in and read parts A and B of the staff report.

Dr. LeBeau asked if there were any questions of staff.

There were none.

Dr. LeBeau asked if the applicant was present and if they wished to speak.

Chris Presswood and Nancy Burkfield came forward and gave the Commission information about the Finish Line carwash business and their plans for the Carbondale location.

Dr. LeBeau asked if there were any questions from the Commissioners to the applicant.

Ms. Litecky stated to the applicant and to the Commission that this would be the third car wash located on Giant City Road within three blocks of each other. Mr. Presswood stated that they were aware of that situation but they were offering a different type and quality of services compared to the other car washes.

Dr. LeBeau asked how many employees they would plan to hire. Mr. Presswood stated that they currently staff fourteen to sixteen employees at each of their locations, which include four management positions, a maintenance position, and the rest are split between full-time and part-time positions. Dr. LeBeau asked if they would come from the local labor pool. Mr. Pressword stated that they definitely would and he spoke about the company benefits that are offered to their staff. Mr. Presswood also went on to speak about all of the services that are offered at their locations.

Dr. Hamilton asked what the noise levels might be like. Mr. Presswood stated that their blowers have sound dampeners on them to reduce sound levels and that the bays have doors that open and close to reduce noise. Mr. Presswood also explained the benefits of using their facilities and the amounts of water that are saved versus other options and their benefits to the environment. Dr. Hamilton also asked how the wax and other chemicals are treated prior to exiting the site. Mr. Presswood stated that the water exiting the site would need to meet code and would have backflow preventers and other prevention measures to prevent pollution of the environment.

Dr. LeBeau asked if anyone wished to speak in favor.

There was no one.

Dr. LeBeau asked if anyone wished to speak in opposition.

There was no one.

Dr. LeBeau asked Mr. Taylor to read the analysis.

Mr. Taylor read Parts C and D of the staff report with a recommendation to approve PC 17-12.

Dr. LeBeau asked if the Commissioners had questions for staff.

Mr. Sheffer asked what the accessibility from one business to another would be in this location. Mr. Taylor stated that this property would open access to the southern property located adjacent to the property. Mr. Sheffer and Mr. Taylor then had a discussion regarding the entrance and exit to the subject property.

Ms. Litecky then asked Ms. Bradshaw if the Special Use Permit for the car wash proposed with Mr. Cook's previous PC case was passed by the City Council. Ms. Bradshaw confirmed that it was approved.

Sarah Heyer of 1442 E. Gary Drive, asked what the property taxes for the property were currently and what they will be once developed. Dr. Hamilton answered that the 1.44 acre parcel was taxed $7,664.30, undeveloped. The applicant then stated that while they had not calculated the future taxes for this particular property, their tax bill for a similar development in the City of Marion will be around $100,000, but it is their understanding

that they will be located in the Jackson County Enterprise Zone and that may affect their taxeS.

Dr. LeBeau declared PC 17-12 closed and asked for a motion on the findings of fact.

Ms. Litecky moved that the Commission accept as findings of fact Part A and B of the staff report for PC 17-12, the applicant was present and no one spoke in favor or in opposition, seconded by Ms. Lilly.

The motion was passed with a unanimous voice vote.

Mr. Love moved to consider all seven criteria of Part C as one, seconded by Ms. Litecky.

Roll Call Vote:

Yes - 7 (LeBeau, Sheffer, Hamilton, Burnside, Love, Lilly, Litecky)

No - 0

Mr. Love moved that the applicant has met all seven criteria required for granting a Special Use Permit, seconded by Dr. Burnside.

Roll Call Vote:

Yes - 7 (LeBeau, Sheffer, Hamilton, Burnside, Love, Lilly, Litecky)

No - 0

Mr. Love moved to accept City Planning staff's recommendation to approve PC 17-12, seconded by Ms. Lilly.

Roll Call Vote:

Yes - 7 (LeBeau, Sheffer, Hamilton, Burnside, Love, Lilly, Litecky)

No - 0

Mr. Taylor stated that the motion to recommend approval has passed and that the item would be on the City Council agenda at their meeting on January 24, 2017.

PC 17-13, 8:35pm- The Carbondale Elks Lodge #1243 is requesting a text amendment to Title 15-2.28 of the Carbondale Revised Code in order to add “Civic, social and fraternal” organizations as a special use permitted in the R-1, Low Density Residential, District.

Dr. LeBeau declared Public Hearing PC 17-13 open and asked Mr. Taylor to read the legal notice.

Mr. Taylor read the legal notice.

Mr. Taylor also stated that he had received four phone calls for general questions, one phone call and one email in opposition and one letter from a citizen expressing opposition to the request, which he then read and presented to the Commissioners. See attached letter as Exhibit B.

Dr. LeBeau asked Ms. Lawrence to present the staff report.

Ms. Lawrence, Planner for the City of Carbondale, was sworn in and read part A of the staff report.

Dr. LeBeau asked if there were any questions of staff.

There were none.

Dr. LeBeau asked if the applicant was present and if they wished to speak.

Mike Rand, the Elks Lodge President, came forward to speak in favor of PC 17-13. Mr. Rand spoke about the Elks dedication to staying within the City of Carbondale and showed how many of the Elks members were in attendance and in favor of PC 17-13, by asking all of the members present to stand up. Mr. Rand stated that focus of the Elks Lodge is its involvement with the community and the charities that it supports. Mr. Rand also went on to speak about the way that the current Lodge is ran and the state of the current building in which they are located. Mr. Rand stated that the focus that the Lodge currently has is on finding a new location that works for the members, including a space that is handicap accessible, the focus is not on finding a location that they can add in a restaurant or be open longer hours, which are conversations that are currently going around the Carbondale Community.

Dr. LeBeau asked if there were any questions from the Commissioners to the applicant.

There were none.

Dr. LeBeau asked if anyone wished to speak in favor.

Charles Campbell of 1010 Ivy Lane, came forward to speak in favor. Mr. Campbell spoke about the history of his time with the Elks organization, both in Carbondale and on a State level. Mr. Campbell stated that the story that the news station had done the previous evening, reported about the Lodge's interests and reasons to move was inaccurate and gave misinformation. Mr. Campbell went on to explain what the Lodge would really be doing with the space if they are to move and he spoke about the many different donations the Elks has provided to the Carbondale Community.

Dr. M. Stalls came forward to speak in support of the Elks as a Carbondale Citizen. Dr. Stalls stated that Commission should consider the accidents that take place in other locations of the City and that Giant City Road is not the only location that is high traffic. Dr. Stalls also stated that the focus on having liquor sales close to a youth establishment or a residential area should not be a high concern, considering the other liquor sale locations in Carbondale and the proximity to residential areas. Dr. Stalls also stated that it could make the proposed area more inviting for potential buyers. Dr. Stalls spoke about the impact that the Elks organization has had on the community and on her own personal

life with its cultural and racial diversity it shows in the organization.

Jake Rendleman of 1007 Ivy Lane, spoke about the negative image the media has tried to put on the Elks Lodge. Mr. Rendleman reiterated the charitable things that the Elks and other fraternal organizations do for the community.

Andrew Zieba of 601 East Walnut, came forward to speak about looking at the positives that the Elks could do to the neighboring communities on Giant City Road.

Nicole Byrley of 6896 Hayton School Road, spoke in favor of the Elks and the fact that they are giving not only to charities and the community but the members are also very good about donating their time to help those in need.

Dr. LeBeau asked if anyone wished to speak in opposition.

Lee Hartman of 1442 E. Gary Drive, came forward to express his concerns about the revision of the zoning codes and what that means for the Carbondale Community as a whole.

Lisa Cherry of 229 Joshua Road, came forward with concerns of rezoning to allow alcohol sales within one hundred feet of a school and the influence that might have on the youth. Ms. Cherry also has concerns about the traffic on Giant City Road, especially near the High School that her children attend, that is already a concern because of the high traffic. Ms. Cherry also brought up what concerns the High School might have about having this type of establishment in such close proximity and the impact it might have on the students.

Donald Monty of 418 S. Giant City Road, came forward to present his letter of opposition. Mr. Monty's letter is also attached to these minutes as Exhibit C.

Deanna Gilbert of 1450 Neal Lane, came forward in opposition and presented a petition with over one hundred and thirty residents of Carbondale signatures that are in opposition to the change in the text amendment that the Elks is requesting.

Anne Gaylord of 418 S. Giant City Road, spoke about if the text change were to take place it would affect more than just the Giant City Road area, it would greatly affect the R-1 districts throughout all of the City of Carbondale. Ms. Gaylord voiced her concerns about allowing alcohol sales and video gaming machines in residential areas.

Luanne Brown of 1440 E. Walnut, voiced concerns about allowing the text amendment change to take place and the affects that would have on the already low R-1 residential areas in Carbondale, since many of the residential areas are not owner occupied homes.

David Gilbert of 1450 Neal Lane, came forward to speak about the special use permit that was presented to the church at that location and how that did not work out. Mr. Gilbert

voiced concerns about having alcohol and gambling in a residential area and so near to the school.

Amma Demmin of 108 South Poplar, came forward to voice her concerns with having alcohol served so near to the High School and the message it would send to the students. Ms. Demmin questioned the possibility of the Elks moving into that location but without the use of a liquor license.

Dr. LeBeau asked Ms. Lawrence to read the analysis.

Ms. Lawrence read Parts B and C of the staff report with a recommendation to approve PC 17-13.

Dr. LeBeau asked if the Commissioners had questions for staff.

Ms. Litecky questioned Ms. Lawrence about considering Sororities and Fraternities as social organization and what that might mean to the R-1 districts if the text amendment change is approved. Mr. Taylor stated that there is a separate text amendment for Sororities and Fraternities within the Carbondale Code. Mr. Taylor stated that if one of those organizations tried to purchase a facility to just hold meeting that might fall under this special use.

Mr. Sheffer questioned Mr. Taylor, by the Commission denying this change to the Text Amendment they are in fact saying no to any of these types of special use permits in any R-1 District in the future. Mr. Taylor stated by voting against this text amendment that would not allow "civic, social and fraternal' organizations to get special use permits in R-1, Low Density Residential Districts. Mr. Sheffer also questioned what the difference between allowing a church to go into a residential area and hold other events besides church services and allowing a fraternal organization like the Elks to do the same thing in a residential area.

Dr. LeBeau asked if there were questions from anyone to anyone.

Sarah Heyer of 1442 East Gary Drive, questioned the City if anyone had looked into if other University and College cities within the state of Illinois allow fraternal organizations within R-1 residential areas and the impact that has on those areas. Ms. Lawrence stated that the City had not looked into that. Ms. Heyer stated that is something that the City might want to look into first to see how it might impact the Carbondale Community.

Bruce Payne of 809 South Drury Avenue, came forward to ask how many of the people in attendance were actually within City limits and how allowing the text amendment to change it would case all R-1 residential districts to be at risk for organizations to move into them.

Ms. Brown came forward to question if allowing this text amendment could that open up the possibility for any organization to move into an R-1 district and even without a liquor license open up a social club house for its members. Mr. Taylor stated that limits can be placed at the time that the special use permit is issued. Ms. Brown also questioned parking at these types of organizations if the text amendment change is allowed. Mr. Taylor stated that there would be parking requirements based on occupancy. Ms. Lawrence stated that is the special use requirements the applicants are required to specify their intended use in operations of the facility in question. There was then discussion between Ms. Brown and Ms. Lawrence about the process an applicant would have to take to be granted a special use permit in an R-1 district.

Mr. Zieba came forward to question the location or the Masonic lodge on Sycamore and how it can be located in a residential area. Ms. Litecky stated that location was grandfathered in to that Zoning.

Ms. Cherry came forward to question the Commission on the first request the Elks brought to the Commission and why it was not approved. Mr. Taylor stated that the first request was to rezone that location to a PA district. There was then discussion between Ms. Cherry and Mr. Sheffer about the previous request and the current request that the Elks was presenting and Mr. Sheffer stated that he wanted to make sure that everyone understands what the Commission is voting on.

Ms. Gilbert came forward to present the question to the Elks, if they were willing to give up their liquor license and the video gambling machines in order to be able to move into the location on Giant City Road. Mr. Rand stated that he could not speak on that at this time until the Elks as a whole voted on it and he would have to have consent of the membership. Mr. Sheffer reiterated that was not the issue that the Commission was currently voting on.

Ms. Bradshaw present the question to the Elks that if this text amendment did not go through were there other properties or options that they are considering. Mr. Rand stated that they had looked at multiple properties but they have to take many things into consideration when they are looking at different locations. Mr. Rand stated that based off the locations that they had looked at the one on Giant City Road was best to meet their needs.

Mr. Payne questioned if the hospital had purchased or is purchasing the Elks current facility. Mr. Rand answered that the hospital was not at this time.

Dr. LeBeau declared PC 17-13 closed and asked for a motion on the findings of fact.

Ms. Litecky moved that the Commission accept as findings of fact Part A of the staff report for PC 17-13, the applicant was present and five people spoke in favor and seven spoke in opposition, seconded by Mr. Sheffer.

The motion was passed with a unanimous voice vote.

Mr. Sheffer moved to accept City Planning staffs recommendation to approve PC 17-13, seconded by Ms. Litecky

Roll Call Vote:

Yes - 0

No - 5 (LeBeau, Sheffer, Love, Lilly, Litecky) Abstain-2 (Hamilton and Burnside)

Mr. Taylor stated that the motion did not pass and that the Planning Commission would be recommending denial. This would be on the City Council agenda at their meeting on January 24, 2017.

Old Business

A. Mr. Taylor stated that at this time of year the Commission elects a new chair, a vice chair and a second vice chair. Mr. Taylor stated that a committee of Planning Commissioners would need to be formed and that committee would meet and discuss which members of the Commission could be nominated to fill those positions. Mr. Love, Ms. Lilly and Ms. Litecky volunteered to serve on the selection committee. Mr. Taylor stated that the committee needed to decide on nominations before the next Commission meeting.

New Business

A. Mr. Taylor stated the City Council had brought up the initiation of a Text

Amendment related to Accessory Dwelling Units. The Commission's initiation would

allow City staff to begin research on the topic and begin a planning staff report to be present to the Commission.

Ms. Litecky moved that the Planning Commission Initiate a Text Amendment related to Accessory Dwelling Units, seconded by Mr. Love.

Roll Call Vote:

Yes - 7 (LeBeau, Sheffer, Hamilton, Burnside, Love, Lilly, Litecky)

No - 0

Mr. Taylor stated that the motion passed and would be brought forth at a future Planning Commission.

7.Adjournment

Dr. Le Beau adjourned the meeting at 10:10 p.m