McLean County Zoning Board of Appeal met Aug. 4.
Here is the minutes provided by the board:
1. CALL TO ORDER: Chair, James Finnigan called the meeting to order at 7:00 PM.
2. ROLL CALL: Secretary Philip Dick called the roll and noted the presence of a quorum as follows: James Finnigan, Rick Dean (arrived at 7:10 PM), Mary Beth Taylor, Michael Kuritz, Julia Turner, Brian Bangert and Ruth Novosad. No members were absent. Also present were Darrell Mitchell, Zoning Enforcement Officer, Don Knapp, State’s Attorney, Samantha Vasquez, Assistant State’s Attorney, Camille Rodrigues, County Administrator and Cassie Taylor, Assistant County Administrator.
3. APPROVAL OF MINUTES: Motion was made by Kuritz/Taylor to approve the minutes from the July 7, 2020 Zoning Board of Appeals meeting.
The roll call vote was seven members for the motion to approve, none opposed, and no members were absent.
4. APPEARANCE BY MEMBERS OF THE PUBLIC: Secretary Dick announced that no one notified the Department of Building and Zoning that they wanted to speak or submit a written communication on matters not on the agenda. And no one responded when Chair Finnigan called for persons to speak.
5. Secretary Dick read the following information into the record:
“If any case is finished and the ZBA has discussed it and voted on it, the case will be considered complete. If any case is not finished or if the go to meeting system crashes or the ZBA members are not able to adequately communicate before a vote is taken on a case by the ZBA, the case will be continued until 7:30 PM on Tuesday, September 1, 2020. Please contact the Department of Building and Zoning at 309-888-5160 for a link to this meeting.
The ZBA bylaws allow the chair to impose time limits on opening, closing or other statements or questions or any portion of the proceedings. The Chair will limit questioning of witnesses to one series of questions per person per witness.
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6. REGULAR AGENDA:
Case SU-20-08, application of the Andrew Traeger in case SU-20-08 on parcel 22-04-200-004. This is a request for a special use to allow a single-family residence in the A-Agriculture District for the son of the farm owner in the Agriculture District on property in Old Town Township at 20737 E 1400 North Rd., Bloomington, IL.
Secretary Dick called the case, provided exhibits to the board and submitted a staff report for review. He indicated the seven standards for a special use are met provided that one of the initial occupants is Andrew Traeger, the son of the owners of the farm property from which this property is being set aside, and provided the applicant obtains an entrance permit from IDOT.
Andrew Traeger, 19441 US Hwy. 150, Bloomington, IL appeared to give testimony and was sworn. Mr. Traeger indicated that he is waiting to submit information to IDOT for an entrance permit.
The board reviewed and discussed the seven standards and found them met provided that one of the initial occupants is Andrew Traeger, and provided the applicant obtains an entrance permit from IDOT.
Motion was made by Dean/Kuritz to recommend approval of case SU-20-08 with the recommended stipulations.
The roll call vote was seven members for the motion to recommend approval, none opposed, and no members were absent.
Case ZA-20-06, application of Randolph Cooperative Grain Co. in case ZA-20-06 on parcel 28-09-427-008. This is a request for a map amendment to change the zoning classification from A-Agriculture District in part and M-1 Restricted Manufacturing District in part to the M-2 General Manufacturing District on property in Randolph Township at 15140 E 625 North Rd., Heyworth, IL
Secretary Dick called the case, provided exhibits to the board and submitted a staff report for review. He indicated the seven standards for a zoning map amendment are met.
Steve Cope, 1000 Sterling Glenn Ct., Normal, IL appeared to give testimony and was sworn. Mr. Cope indicated that it would be easier to obtain permits when the property is rezoned to the M-2 District.
The board reviewed and discussed the seven standards and found them met. Motion was made by Kuritz/Bangert to recommend approval of case ZA-20-06.
The roll call vote was seven members for the motion to recommend approval, none opposed, and no members were absent.
Case ZV-20-08, application of Paul Uphoff in case ZV-20-08 on parcel 07-06-300-015. This is a request for a variance in maximum area of accessory buildings to allow 6,640 square feet rather than 4,200 square feet as allowed in the Agriculture District on property in Hudson Township at 25499 N 1200 East Rd., Hudson, IL.
Secretary Dick called the case, provided exhibits to the board and submitted a staff report for review. He indicated the seven standards for a variance are met.
Paul Uphoff, 25499N 1200 East Rd., Hudson, IL appeared to give testimony and was sworn. Mr. Uphoff indicated that he had noting to add to what was presented.
The board reviewed and discussed the seven standards and found them met. Motion was made by Bangert/Turner to approve case ZV-20-08.
The roll call vote was seven members for the motion to approve, none opposed, and no members were absent.
Chair James Finnigan recused himself for the following case and left the meeting. Motion by Kuritz/Taylor to nominate Julia Turner as acting chair for the following case.
The roll call vote was six members for the motion to approve, none opposed, Member Finnigan recused himself, and no members were absent.
Case SU-20-09, application of Towanda Solar, LLC by Cypress Creek Renewables in case SU- 20-09 on parcels 20-23-400-009 & 20-23-400-010. This is a request to amend and renew special use case SU-18-14 for a Solar Power Generating Facility in the Agriculture District on property in Dale Township immediately southeast of the intersection of 1075 East Rd. and Scottsdale Ave.
Secretary Dick called the case, provided exhibits to the board and submitted a staff report for review. He indicated the seven standards for a special use are met provided compliance with the following stipulations:
1) An entrance permit shall be obtained from the Dale Township Road Commissioner before a construction permit is issued;
2) All improvements shall be setback 100 feet from the road centerline of 1075 East Rd.;
3) The applicant needs to provide certified plans for storm water detention/retention before a permit is issued for the proposed solar power generating facility;
4) A contact person for the applicant will need to be kept on file with the Department of Building and Zoning for issues/complaints;
5) The applicant shall have all field tile damaged in the construction process repaired by a competent contractor, with experience in such repair, during the life of the solar farm;
6) The applicant shall complete consultation with the Illinois Historic Preservation Agency (IHPA) before construction can begin; and
7) Development shall follow the plans and documents submitted with the application and with Zoning Regulations including Article VI Section 350-43.OO (3) (Use Standards for a solar power generating facility).
Matt Kauffman, 100 Main St., Tiskilwa, IL appeared to give testimony and was sworn. Mr. Kauffman indicated that no significant changes have been made to the original application that was previously approved.
The board reviewed and discussed the seven standards and found them met provided compliance with the staff recommended stipulations.
Motion was made by Kuritz/ Novosad to recommend approval of case SU-20-09 with the recommended stipulations.
The roll call vote was six members for the motion to approve, none opposed, Member Finnigan recused himself, and no members were absent.
Chair Finnigan then rejoined the meeting.
Case ZA-20-05, application of the McLean County Land Use and Development Committee in case ZA-20-05. This is a text amendment of the Zoning Ordinance of the Code of McLean County Chapter 350, Zoning Section 350-21 C, Amendments, to include the following: An applicant may first submit an application for an amendment to the Land Use and Development Committee for advice or recommendation prior to submitting it to the Department of Building and Zoning.
Secretary Dick called the case, provided exhibits to the board and submitted a staff report for review. He indicated that staff recommends approval of the proposed text amendment.
Secretary Dick indicated that Chuck Erickson, Chair of the Land Use and Development Committee, asked Secretary Dick to present this case. Secretary Dick indicated that the Land Use and Development Committee decided at their June 4, 2020 meeting to request that an application be made to the Zoning Board of Appeals to amend the County Code to allow an applicant to submit an application for a text amendment of the Zoning Ordinance to the Land
Use and Development Committee for advice or recommendation prior to submitting it to the Department of Building and Zoning for a public hearing before the Zoning Board of Appeals.
Anna Ziegler, 2242 Westgate Dr., Bloomington, IL asked if there is a conflict of interest or exparte communication if someone talks to the Land Use Committee and then testifies at the ZBA.
Secretary Dick indicated that there would be no public hearing at the Land Use Committee, and there would be no discussion with ZBA members about a proposed text amendment outside of the ZBA public hearing.
The board reviewed and discussed the proposed text amendment.
Motion was made by Taylor/Kuritz to recommend approval of a text amendment with the following language: “An applicant may first submit an application for an amendment to the Land Use and Development Committee for advice or recommendation prior to submitting it to the Department of Building and Zoning”.
The roll call vote was seven members for the motion to recommend approval, none opposed, and no members were absent.
Case ZA-20-05, application of Geronimo Energy in case ZA-20-03. This is a text amendment of the Zoning Ordinance of the Code of McLean County Chapter 350, Zoning Section 350-43, OO(2)(j), Use Standards, Height. The permitted maximum height of a WECS tower shall not exceed 550 675 feet. (Additions are indicated by text and stricken material by text; and a WECS tower is a Wind Energy Conversion System tower).
Secretary Dick called the case, provided exhibits to the board and submitted a staff report for review. He indicated that staff recommends approval of the proposed text amendment.
James Griffin, 70 W. Madison St., Chicago, IL, Amber Miller 113 Heather Glenn, Aurora, IL, Ben Adamich, 8400 Normandale Lake Blvd., Bloomington, MN, Michael Morris, 8400 Normandale Lake Blvd., Bloomington, MN and Jenny Monson-Miller, 8400 Normandale Lake Blvd., Bloomington, MN appeared to give testimony and were sworn.
Mr. Griffin indicated that he is an attorney and that this text amendment is proposed since the applicant plans to build the Sapphire Sky Project with 250 megawatts of capacity in West and Bellflower Townships in McLean County.
Mr. Morris indicated that taller turbines would make less noise than smaller turbines.
Mr. Adamich indicated that they would like to start construction of the wind farm in the fall of 2020 and complete constructon by the end of 2022. He indicated that if the height of turbines is limited to 550 feet, it would hinder their ability to build the project.
Ms. Monson-Miller indicated that larger turbines have less impact on the environment.
Laurie Sleeter, 23903 N 2900 East Rd., Lexington, IL asked how larger turbines would make less noise.
Mr. Morris indicated that the larger turbine blades would turn at a slower revolution and they would have a greater setback since the McLean County setbacks are based on the height of the turbine.
Catherine Metsker, 20645 N 825 East Rd., Carlock, IL asked what data they have that show the larger turbines would make less noise.
Mr. Griffin indicated that a noise study would be prepared and submitted with a special use application for a wind farm.
Tim Jolly, 30781 E 2700 North Rd., Chenoa, IL asked what the difference in noise is between smaller and larger wind turbines. He also asked how much more efficient the newer larger turbines are than the older shorter ones.
Mr. Morris indicated that he did not have the complete data on this with him, but that his review of reports for the different turbines determined this opinion. He indicated that the newer larger turbines are 10 – 20% more efficient than the older shorter ones.
The Chair declared that this hearing is in recess and the public hearing for case ZA-20-03 would continue at 7:30 PM on September 1, 2020.
7. ADJOURNMENT:
The Chair declared the meeting adjourned at 10:07 PM.
https://www.mcleancountyil.gov/ArchiveCenter/ViewFile/Item/7681
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