A regular meeting of the City of Washington Planning Commission was called to order at 6:30 p.m. in the Training Room at Fire Station No.1, by Vice Chairman Doug Wilson.

Present for Roll Call were Commissioners Mike Brown, Jeff Borders, Bill Hartter, Arnie Wiltz, Gary Moehle and Doug Wilson. Commissioners Bill Bradle, Jeff Fuerst and Mel Joos were absent.

Also present was P&D Director Jon Oliphant, City Clerk/Planning Commission Secretary Carol Moss, Gary Alstott, petitioner, and Richard Monge and Tom Kouri, adjoining property owners, and Bob Brucks, Ward I Alderman.

Commissioner Brown moved and Commissioner Hartter seconded to approve the minutes of the June 6, 2007 Planning Commission meeting as presented. Motion carried unanimously by voice vote.

There were no registered "interested parties and proof of publication of the public hearing was presented by the City Clerk

A public hearing was opened for comment at 6:31 p.m. for the purpose of hearing a Special Use request of Gary Alstott, Plaza Lanes LLC/Robert Schierer to permit a miniature golf and go-kart track complex on C-2 property located between 1400 and 1412 Washington Road. In a memo dated June 28, 2007, P&D Director Oliphant explained that the entertainment complex would be located behind McDonald's between TenderHeart Day Care and Dollar General on Business 24. Current owner is Robert Schierer and purchase of the property is contingent on the special use approval. The property is slightly less than two acres and is zoned C-2. Apartments to the north of the proposed complex are zoned R-2. The proposed golf course would be built near the northwest corner of the property and the go-kart track would be located near the northeast corner. Access would be through an existing entrance on the west side of McDonald's. There is limited parking on the complex lot, but Alstott has a parking easement on the daycare lot and has sufficient joint parking with Plaza Lanes. The main issue with the complex is noise emitted from the go-kart track. Landscaping is required along the transitional buffer yard bordering the residential units in Washington Estates. A six-foot privacy fence would be located along the north property line. The go-karts have 5.5 h.p. engines similar to lawn mower engines. Twelve go-karts would be stored at the complex with half of those operating at a time. A noise study has been submitted for a tract that was proposed in Santa Clara, California, but much of that study is not relevant because the distances are much farther than the thirty-five feet between this proposed complex and the residences in Washington Estates. The study indicated a 75 decibels level measured at a thirty foot level, but it is unclear whether the decibel level is for one or multiple go-karts. Landscaping and fence will muffle some of the sound but it is unclear how much. City ordinances state that between the hours of 10:00 p.m. and 7:00 a.m. loud, unnecessary or unusual noise which annoy, disturb, and are heard one hundred feet from the boundary of the property shall not be permitted. Alstott proposes operation hours of noon until 11:00 p.m. Sunday through Thursday and noon until midnight on Friday and Saturday. He has indicated that he needs to remain open during those hours in order for the project to be successful. City ordinances do not specify maximum decibel levels. P&D Director Oliphant indicated that he cannot recommend approval of the proposed special use because of the close location of the proposed complex to the residences in Washington Estates. Noise levels in the neighborhood will obviously increase and would decrease the enjoyment that Washington Estates residents have of their homes and could detrimentally affect property values.

Gary Alstott, owner of Plaza Lanes, 1500 Washington Road, told those present that he is proposing a family entertainment center on the property located between 1400 and 1412 Washington Road. He stated that his business has changed to a family based business. There is sufficient room at the proposed location for the go-kart track and the golf course. Noise can be an issue but he said he has provided information pertaining to noise. A six foot high fence will be built and there will be 298 points of landscaping installed. He said he is even willing to go to an eight or ten foot high fence. There will be four water features within the golf course which will help lessen and buffer the noise. All twelve go karts will not be running at the same time. They will be staged six and six. This type of entertainment has a short season with the busiest hours in June and July. Once kids are back in school business will only be done on the weekends. He told those present that he will commit $850,000 to build this complex, and the beautification of the area. This will bring families to the area. He stated that he has added over $130,000 to the bowling center, and he is committed to building something that will benefit the City as well as himself.

Richard Monge, 805 W. Pioneer Parkway, Peoria, Illinois, said that he owns the 32 unit apartments behind the proposed complex. All of the residents do not work 8 to 5, consequently many sleep during the day. He has been in the real estate business for over thirty years and said he has a definite problem with the go karts not with the golf course. Miniature golf is pleasant and appealing. Combining the go karts and miniature golf may be the right business, it is just the wrong location. He said he cannot envision being able to rent to people who sleep during the day.

Tom Kouri, 805 Butterfield, Peoria, Illinois, told those present that he owns the apartments at 1400 and 1402 W. Jefferson Street, adjacent to the proposed complex. He stated that his main concern and objection is to the noise. He has no problem with the golf. He has tenants with children, modest income families who keep windows and doors open rather than air condition. Noise is the big problem and it could affect his future renting and even future sale of the property. He said he agrees with everything that Mr. Monge stated.

Gary Alstott stated that with privacy fence and with the garages of the apartments backing up to the complex, noise should not be a problem. He said he does not think that this complex will be so intrusive that people will be screaming about the noise. He went on to say that one hundred people at the pool will make more noise than six go karts. With six go karts and the putt-putt, and with the water features, the fence and the buffering he said he does not believe that noise will be an issue.

The public hearing was closed at 6:44 p.m. Commissioner Wiltz stated that he has friends who live near a go kart operation and one does not hear much noise from the facility. All that the petitioner is planning to do as far as buffer should help minimize noise coming from the go karts.

Commissioner Brown indicated that if he lived in the apartments to the rear of the proposed complex he would be moving. Seventy-five decibels of noise fifty feet from the track would be right at the back doors of the apartments.

Commissioner Moehle asked if the seventy five decibel is for one go kart and Alstott replied he does not believe that is for just one go kart. Commissioner Moehle replied the decibel level has to be different for more go karts.

Richard Monge, alluding to Kartsville in Peoria, said that dealing in decibels does not mean much to him, but Kartsville is very loud, and he said he cannot imagine anyone in this room being happy living that close to all of that noise. Gary Alstott pointed out that the go karts will have Honda motors with a modified muffler system. These are $4000 units. J & J is the number one kart builder in the U. S. Alstott said he can buy less expensive karts but he decided to go with the better units. Monge indicated that engine noise is not the only noise associated with kart tracks. You have squealing of tires, crowd noise, etc.

Commissioner Hartter stated this is a good idea but the wrong location. Miniature golf would be good at this location but not a go kart track.

Commissioner Borders stated that the noise information supplied by Mr. Alstott says that at one hundred fifty feet away noise will be at sixty four decibels. When noise gets to eighty to ninety decibels industry requires earplugs. There could be legal issues involved here with children and adults being subjected to this noise. Fences and barriers really don't do what they should. Natural barriers do better, and certain sounds are worse than others. He said he likes the project but this area is too small for a complex of this nature. Parking is too small, the setting is wrong. This would become a hang out he expects. He said he would not feel right approving something like this at this location. He is being open minded on the subject, and it is a good idea, but the wrong place.

Commissioner Moehle indicated that the key issue here is that we have an ordinance 95.01 that states there shall be no loud, unusual noise allowed during specific times. The City Council would have to amend the code in order for Mr. Alstott to operate during the hours that he says he needs to operate. Mr. Alstott is putting himself in the position of having people call the police at 10:01 p.m. about the noise. He went on to say that he seriously doubts that the Council would be willing to amend the code to allow for later operation than stated. This is a very good idea, it is just the wrong place. He told Mr. Alstott that he hopes that he can do this project in the proper setting.

Commissioner Brown stated that if this complex were going to be in the current parking lot and the proposed area used for parking it would make more sense. He said that he believes something like this would be good for the city, but not at this location.

Mr. Alstott told the Commission if there are key elements missing in this proposal he would like to know that. If the Commission feels that hours of operation should be changed, let him know that. If the Commission thinks that this would work with installation of natural barriers, let him know. This venue fits into his business plan. This fits the birthday party venue. He said that he loses $20,000 per year in the summer months, and this would help offset that loss because there would be something for kids to do.

Commissioner Borders asked if this would be right next door to the day care center and Alstott replied it will be, and the day care owner is very excited about the complex.

Commissioner Moehle moved and Commissioner Hartter seconded to recommend approval of the granting of a Special Use as requested by Gary Alstott/Robert Schierer for a miniature golf/go-kart complex in the 1400 block of Washington Road.

Findings of Fact - The Commission found that application was made by the owner of the property located between 1400 and 1412 Washington Road; proper fees were paid; public hearing was held on July 5, 2007; proof of publication was presented; there were no registered "interested parties"; all persons were given the opportunity to be heard at the public hearing; there were objections to the granting of the Special Use; a plat showing the subject property was presented showing all adjacent properties and property owners; the special use could be detrimental to the public health, safety and general welfare of Washington Estates residents; the special use could be injurious to the use and enjoyment of other property in the immediate vicinity and could substantially diminish or impair property values; the special use could impede development of surrounding property; adequate utilities, access roads, drainage, or necessary facilities will be provided; adequate ingress/egress will be provided to minimize traffic congestion in public streets; the Commission found that noise is the major issue with the special use and that planned buffer of fence, water and landscaping probably would not be sufficient to effectively buffer noise to the adjoining apartment complexes to the north in Washington Estates. The Commission agreed that this is a good idea and plan but the location is not suitable for the complex.

On roll call on the motion to approve the vote was: 
Ayes: 1 Wiltz 
Nays: 5 Brown, Borders, Hartter, Moehle, Wilson 
Motion DID NOT carry.

A public hearing was opened for comment at 7:05 p.m. regarding Subdivision Code amendments to 154.022 - "Sidewalks". P&D Director Oliphant noted changes that have been made to text since the last meeting, and went through those amendments. Alderman Brucks stated that this matter came to the Public Services Committee and they asked that more teeth be put into the Code, consequently the reason for the proposed amendments.

The Public Hearing was closed at 7:07 p.m.

Commissioner Moehle, speaking to the internal sidewalk issue, said that he first thought this was alluding to something like Sheridan Village, but this talks about sidewalks in the parking lot. P&D Director Oliphant replied that this is recommendation only, and would be handled on a case by case basis. He went on to say that the thinking is that in the case of the Washington Menards, if there are sidewalks from the store to the outlots, people can walk to a restaurant if one should build on one of the outlots. He went on to note that we would want interior sidewalks to connect to perimeter sidewalks. This would give staff the means to make suggestions to developers on how to plan sidewalks. He reiterated that this is only a suggestion. Alderman Brucks stated that the belief is that collector sidewalks, much like those at the Peoria Airport, get people out of the parking lots.

Commissioner Moehle pointed out that if we have an isolated development, we will have sidewalks going nowhere. Commissioner Borders said that there are no sidewalks on North Cummings Lane, so will there be sidewalks from the new motel. The answer was 'unfortunately not', so how do people who stay at the motel get to places like Basta O'Neills and Cherry Tree if they want to walk. Commissioner Moehle asked where the sidewalks in the Menards development will go. P&D Director Oliphant answered that is one situation where the sidewalks could go in at a later time, providing provisions are made now for future sidewalks. Alderman Wiltz stated that developers should have a certain period of time in which to install sidewalks.

Commissioner Wiltz indicated that he believes that Item H is too general, there should be limitations. P&D Director Oliphant replied sidewalks are limited to topography and conditions. Commissioner Moehle said that along Cummings Lane none of the lots have sidewalks. A couple of those lots are still vacant, so if a developer comes in and wants to build on the lot next to Goodwill, are we going to tell that developer that it will be necessary for him to install a sidewalk that would not connect to anything else. Mr. Oliphant replied that is a situation where the developer might not have to do sidewalk until later, or he could go before the City Council for a waiver. Commissioner Borders pointed out that if the City does not require developers to install sidewalks, at some time in the future the City will be paying to put sidewalks into those areas. There are areas in Chicago where sidewalks are becoming mandatory in areas that do not have sidewalks and it is costing a lot of money, but someone has to pay for the sidewalks, sooner or later. Commissioner Wiltz noted that the term "hardship" concerns him. Need and safety should be considerations, but this should not be a monetary issue of the developer not being able to afford. Vice Chairman Wilson pointed out that 99% of the time the property owner is the one who pays for the installation of sidewalk. Commissioner Moehle noted that sidewalk has to go in following main construction because of the weight of trucks, etc. Following additional discussion it was agreed that the entire last sentence in Item H should be deleted.

Commissioner Wiltz moved and Commissioner Borders seconded to approve the Subdivision Code amendments to 154.022 "Sidewalks" subject to the deletion of the last sentence in Item H. 

On roll call the vote was:
Ayes: 6 Hartter, Brown, Moehle, Borders, Wiltz, Wilson 
Nays: 0 
Motion declared carried..

There were no Staff Reports, Commissioner's Comments or Chairman's Comments and at 7:37 p.m. Commissioner Moehle moved and Commissioner Brown seconded to adjourn. 
Motion carried unanimously by voice vote