McLean County 911 Zoning Board of Appeals met July 7.
Here is the minutes provided by the board:
CALL TO ORDER: Chair, James Finnigan called the meeting to order at 7:10 PM.
ROLL CALL: Secretary Philip Dick called the roll and noted the presence of a quorum as follows: James Finnigan, Rick Dean, 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 and Samantha Vasquez, Assistant State's Attorney.
APPROVAL OF MINUTES: Motion was made by Kuritz/Taylor to approve the minutes from the June 2, 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.
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.
REGULAR AGENDA:
Case ZA-20-01, application of the McLean County Zoning Board of Appeals in case ZA-20-01. This part of the text amendment was continued from the March 3, 2020 meeting. This is a text amendment of the Zoning Ordinance to amend Section 350-43, 00(2) [e], Use Standards, to allow an irrevocable letter of credit, in addition to an escrow account, as adequate financial assurance in a decommissioning fund for a Wind Energy Conversion System.
Secretary Dick indicated that this case was republished in the Pantagraph and requested to continue this case until 7:00 PM on July 20, 2020.
The roll call vote was seven members for the motion to continue case ZA-20-01 until 7:00 PM on July 20, 2020, none opposed, and no members were absent.
Case SU-20-07, application of Keith Morgan in case SU-20-07 on parcel 36-01-200-005. This is a request to amend special use case SU-12-03 to allow the expansion of a rural home-based off-premise trucking business in the Agriculture District on property in Downs Township at 23741 E 200 North Rd., LeRoy, 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.
Keith Morgan, 23741 E 200 North Rd., LeRoy, IL appeared to give testimony and was sworn. Mr. Morgan indicated that he appreciated approval of the text amendment that allowed more employees at his facility. He also indicated that he would add additional employees, and that the business will be able to meet health and zoning requirements.
Motion was made by Dean/Kuritz to recommend approval of case SU-20-07.
The roll call vote was seven members for the motion to recommend approval, none opposed, and no members were absent.
Case ZA-20-04, application of the Carlock Christian Church in case ZA-20-04 on parcel 06-31 400-007. This is a request for a map amendment to change the zoning classification from the R 1 Single Family Residence District to the A-Agriculture District on property in White Oak Township immediately east of the property located at 6549 B 2050 North Rd., Carlock, 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.
Dave Segneri, 2291 Brown Rd., Carlock, IL appeared to give testimony and was sworn. Mr. Segneri indicated that the Carlock Christian Church recently inherited the 62-acre farm property and would like to sell that part of it that is in the R-1 District to someone who would use it for uses allowed in the Agriculture District.
The board reviewed and discussed the seven standards and found them met.
Motion was made by Kuritz/Turner to recommend approval of case ZA-20-04.
The roll call vote was seven members for the motion to recommend approval, none opposed, and no members were absent.
Case ZV-20-06, application of Evergreen FS Inc., on parcel 22-13-280-004. This is a request for a variance in front setback requirements to allow a proposed scale accessory to an agricultural processing facility to be as close as 13 feet from the property line rather than 40 feet as required in the M-2 General Manufacturing District, on property in Old Town Township at 11418 Oak St., Downs, 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.
Todd McTaggart, 403 Whistling Strait, Washington, IL appeared to give testimony and was sworn. Mr. McTaggart indicated that the scale would be a maximum of 19 inches above grade and the railing would be 27 inches above grade. He said the location of the scale would allow better traffic flow.
The board reviewed and discussed the seven standards and found them met.
Motion was made by Kuritz/Novosad to approve case ZV-20-06.
The roll call vote was six members for the motion to approve, Turner was opposed, and no members were absent.
Case SU-20-06, application of Breezewood Solar, LLC by Cypress Creek, in case SU-20-06 on parcel 21-21-176-002. This is a request to amend and renew special use case SU-18-10 for a Solar Power Generating Facility in the Agriculture District, on property in Bloomington Township immediately southwest of the intersection of Margaret Street and the Business U.S. Highway 51 Frontage Rd..
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. The applicant needs to provide certified plans for storm water detention/retention before a permit is issued for the proposed solar power generating facility;
2. The solar arrays will be installed with an anti-reflective coating;
3. A contact person for the applicant will need to be kept on file with the Department of Building and Zoning for issues/complaints;
4. A sewer pipe that extends across the property from the Clearview Subdivision to the north to the sewer treatment plant across Interstate I-74 to the south shall be preserved and repaired if damaged;
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 plant two rows of evergreen trees near the north property line between the residential subdivision and the solar arrays;
7. The applicant shall complete consultation with the Illinois Historical Preservation Agency (IHPA) before construction can begin; and
8. Development shall follow the plans and documents submitted with the application and with Zoning Regulations including Article VI Section 350-43.00 (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 Cypress Creek submitted this project to the State of Illinois for the adjustable block program for approval, but it has not yet been approved. He indicated that he did not know if Cypress Creek would build the project if it is not approved by the adjustable block program.
The board reviewed and discussed the seven standards and found them inet, provided the staff recommended stipulations, in addition that stipulation 6) should be amended to include that the evergreen trees shall be maintained during the life of the project.
Motion was made by Kuritz/Turner to recommend approval of case SU-20-06, provided the staff recommended stipulations, in addition that stipulation 6) should be amended to include that the evergreen trees shall be maintained during the life of the project.
The roll call yote was seven members for the motion to recommend approval, none opposed, and no members were absent.
Case SU-20-04, application of John Wern, in case SU-20-04 on parcel 25-23-400-005. This is on property in Cheneys Grove Township at 40756 E 1000 North Rd., Saybrook, 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 an entrance permit is obtained before a construction permit is issued, and provided compliance with Section 350 43, CCC, Use Standards for a Cannabis Craft Grow facility.
Secretary Dick read a letter from James C. Baker and Susan E. Baker who own a residence approximately.66 miles west of the subject property with concerns about the proposed special use related to ground water, light pollution, noise pollution, air pollution, security, size, expansion and transferability.
John Wern, 40756 E 1000 North Rd., Saybrook, IL., appeared to give testimony and was sworn. Mr. Wern indicated that water use is strictly regulated by the State of Illinois, and that the proposed facility would use approximately 2,700 gallons of water per day of which 20% would need to be collected and re-used. He indicated that the air from the greenhouses would be filtered with carbon filters so that there would not be a smell from the facility. He said that he would have 10 full-time employees with starting pay of $15 per hour.
Mr. James C. Baker called in by phone to indicated his concerns that he addressed in his letter.
The board reviewed and discussed the seven standards and found them met, provided an entrance permit is obtained before a construction permit is issued, and provided compliance with Section 350-43, CCC, Use Standards for a Cannabis Craft Grow facility. Motion was made by Dean/Kuritz to recommend approval of case SU-20-04 with the recommended stipulations.
The roll call vote was seven members for the motion to recommend approval, none opposed, and no members were absent.
DISCUSSION OF FUTURE MEETING DATES:
Secretary Dick indicated that the ZBA would next meet on Monday, July 20 at 7:00 PM. All members indicated that they would be available to attend this meeting.
ADJOURNMENT:
The Chair declared the meeting adjourned at 9:10 PM.
https://www.mcleancountyil.gov/ArchiveCenter/ViewFile/Item/7634
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