McLean County Zoning Board of Appeals met Sept. 6.
Here are the minutes provided by the board:
1. CALL TO ORDER: Michael Kuritz made a motion that was seconded by Drake Zimmerman to nominate Julia Turner as Acting Chair. The motion was approved by voice vote. Acting Chair Julia Turner 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: Rick Dean, Ruth Novosad, Brian Bangert, Michael Kuritz, Julia Turner and Alternate Member Drake Zimmerman. Members James Finnigan and Mary Beth Taylor were absent. Also present were Darrell Mitchell, Zoning Enforcement Officer, and Taylor Williams, Assistant State’s Attorney.
APPROVAL OF MINUTES: Motion was made by Zimmerman/Kuritz to approve the minutes from the August 2, 2022, Zoning Board of Appeals meeting. The minutes were approved by voice vote.
3. APPEARANCE BY MEMBERS OF THE PUBLIC: No one came forward to speak on matters not on the agenda.
4. REGULAR AGENDA:
Case SU-22-06, an application of the McLean County Parks and Recreation Department in case SU-22-06 on parcel 07-07-100-005. It is requesting to amend special use case SU-72-47 for a Parks and Recreation Facility in the A-Agriculture District on property in Hudson Township at 13001 Recreation Area Dr., Hudson, IL.
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 special use.
Michael Steffa, 203 E. Wall St., Lexington, IL appeared to give testimony and was sworn. Mr. Steffa indicated that the Parks and Recreation Department is proposing to build the proposed boat rental and bait shop near the pavilion.
Jim Soeldner, 201 S. Main St., Ellsworth, IL asked if the Parks Department is proposing to have a larger building to have more room to store boats.
Mr. Steffa indicated yes, that storing the boats inside the proposed building would be a significant improvement to the facility.
The board reviewed and discussed the proposed special use application.
Motion was made by Kuritz/Bangert to recommend approval of case SU-22-06.
The roll call vote was six members for the motion to recommend approval, none opposed, and Members James Finnigan and Mary Beth Taylor were absent.
Case ZV-22-10, an application of Lindsey and Ryan Nicholson in case ZV-22-10 on parcel 22- 32-176-026. They are requesting a variance in front setback requirements to allow a proposed detached garage accessory to a single-family dwelling to be 15 feet from the property line rather than 30 feet as required in the R-1 Single Family Residence District on property in Old Town Township at 19492 Valley Trail Rd., Bloomington, IL.
Secretary Dick called the case, provided exhibits to the board, and submitted a staff report for review. He indicated that staff recommends that the proposed application meets all of the standards of the Zoning Ordinance for variances.
Ryan and Lindsay Nicholson, 19492 Valley Trail Rd., Bloomington, IL appeared to give testimony and were sworn. Ms. Nicholson indicated that they have a boat, trailer and vehicles that need to the put under roof. Mr. Nicholson indicated that that they do not share the easement of access with anyone else.
The board reviewed and discussed the proposed variance.
Motion was made by Zimmerman/Dean to approve case ZV-22-10.
The roll call vote was six members for the motion to approve, none opposed. Members James Finnigan and Mary Beth Taylor were absent.
Case SU-22-08, an application of EDPRNA DG Illinois Development, LLC in case SU-22-08 on parcel 22-10-200-004. It is requesting a special use to allow a Solar Power Generating Facility in the Agriculture District on property in Old Town Township immediately south of 1300 North Rd. approximately one mile east of 2100 East Rd.
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 special use with stipulations.
Samantha Brainard,100 Park Ave., 24th Floor, New York, NY and Paul Tecpanecatl, 1168 North Main St., Bowling Green, OH appeared to give testimony and were sworn. Ms. Brainard indicated that this is a community solar project subject to getting funding from the IL Power Agency incentive program. She indicated that panels should last for the lifetime of the project.
Secretary Dick asked several questions:
1. Have you engaged in negotiations with any local (McLean County or regional) labor unions (IBEW, LiUNA, IUOE)?
2. If so, is there a Project Labor Agreement in place for your project?
3. If a PLA is not in place, what commitments can you make concerning the utilization of the local labor force in this project? Will those workers be paid prevailing wage?
Ms. Brainard indicated that they would work to make this happen with the contractors.
E.J. Garneau, 21774 E 1300 North Rd., Bloomington, IL asked, if they would plant trees to shield the panels from view and if they would be doing any trenching for the power lines.
Ms. Brainard indicated that they would plant trees but they would not trench the power lines.
Michael Laesh, 4326 E. Raab Rd., Normal, IL asked who would cut the weeds and if pollinator plants attract bugs that would impact his crops.
Ms. Brainard indicated that they would take care of the weeds according to County regulations.
Donna LaMar, 308 Fieldcrest, Normal, IL asked if there are any contracts with federal agencies with the subject property. And she asked how long until the facility would produce electricity.
Ms. Brainard indicated that she does not know of any federal contracts and that electricity could be produced in 18 months.
Brent McCready, 23968 E 1300 North Rd., Bloomington asked what amount of taxes would be generated on the property if the solar farm is built.
Ms. Brainard indicated that she did not know.
Anna Ziegler, 2242 Westgate Dr., Bloomington, IL asked what the background is of the company, and if they have developed any other solar projects. Ms. Ziegler asked if they have a power purchase agreement, and if Ms. Brainard is familiar with the Agricultural Impact Mitigation Agreement (AIMA).
Ms. Brainard indicated the company is a subsidiary of EDP Renewables. She said that the company has no large-scale solar farms in Ilinois but they have constructed roof mounted solar panels in Illinois. She said that they have several solar farms under construction in other states but that none are competed at this time. Ms. Brainard indicated that they have no power purchase agreement and would complete an AIMA before starting construction.
Michael Laesh, 4326 E. Raab Rd., Normal, IL appeared to give testimony and was sworn. He owns and farms the land across the road to the north. He indicated that the subject property has very good quality soil and that he is concerned about noxious weeds growing on the property and spreading to nearby farmland. He indicated that he is concerned about tile damage. Mr. Laesh requests the ZBA to turn down the application to get more information.
E.J. Garneau, 21774 E 1300 North Rd., Bloomington, IL appeared to give testimony and was sworn. Mr. Garneau indicated that his residential property is to the northwest and that this solar farm would negatively affect his property’s value. He suggested that the solar farm be moved to the south end of the property.
Phil Reynolds, 8270 N 2200 East Rd., appeared to give testimony and was sworn. Mr. Reynolds indicated that he is the road commissioner for Old Town Township. He indicated that he would like to have a road use agreement with the applicant similar to the one worked out with Downs Township for the solar farm in Downs Township. He said that he would like to see that the applicant would use existing power poles.
Michael Laesh, 4326 E. Raab Rd., Normal, IL indicated in closing that there are better places to put a solar farm other than on good farm ground. He indicated that he is concerned that the solar farm would result in noxious weeds brought to his farm and the field tile would be damaged and cause drainage problems on his property.
Samantha Brainard,100 Park Ave., 24th Floor, New York, NY said in closing that she appreciated the input from the ZBA and from the public.
The board reviewed and discussed the proposed special use application.
Motion was made by Kuritz/Bangert to recommend approval of case SU-22-01 with the staff recommended stipulations and an additional stipulation that the solar arrays be moved to the south part of the property.
The roll call vote was two members for the motion to recommend approval – Rick Dean and Michael Kuritz, four members opposed – Drake Zimmerman, Julia Turner, Brian Bangert and Ruth Novosad, and Members James Finnigan and Mary Beth Taylor were absent.
Case ZV-22-12, an application of ASD McLean IL Solar III, LLC by Amp Solar Development, Inc. in case ZV-22-12 on parcels 21-27-352-002 & 21-34-100-010. It is requesting a variance in the separation requirement of a Major Utility – Solar Farm - from a boundary of the R-1 Single Family Residence District to be 30 feet from the solar farm fence rather than 200 feet as allowed in the Agriculture District in Bloomington Township immediately south of 925 North Rd. approximately 3/5 of a mile east of U.S. Highway 51.
Secretary Dick called the case, provided exhibits to the board, and submitted a staff report for review. He indicated that staff recommends that the proposed application meets all of the standards of the Zoning Ordinance for variances.
Michael Butts, 207 W. Jefferson St., Suite 40, Bloomington, IL, Michael Larkin, 64 Newton St., Denver, CO and John Capodice, 2827 Capodice Rd., Bloomington, IL appeared to give testimony and were sworn. Mr. Butts indicated that the subject property has no productive use and that a 200 foot setback would make the property not usable for a solar farm.
Mr. Larkin indicated his company specializes in community solar and the applicant has filed a pre application for a solar farm on this property. He indicated that the County approved a solar farm on this property in 2018.
Secretary Dick asked the following questions: 1. Have you engaged in negotiations with any local (McLean County or regional) labor unions (IBEW, LiUNA, IUOE)?
2. If so, is there a Project Labor Agreement in place for your project?
3. If a PLA is not in place, what commitments can you make concerning the utilization of the local labor force in this project? Will those workers be paid prevailing wage?
Mr. Larkin indicated that they have not yet contacted any union yet, but they expect to pay prevailing wages.
Anna Ziegler, 2242 Westgate Dr., Bloomington, IL asked if this application is the same as last time.
Mr. Larkin indicated yes.
Michael Laesh, 4326 E. Raab Rd., Normal, IL appeared to give testimony and was sworn. Mr Laesh indicated that these are the places where solar farms should be located.
The board reviewed and discussed the proposed variance.
Motion was made by Bangert/Kuritz to approve case ZV-22-12.
The roll call vote was six members for the motion to approve, none opposed. Members James Finnigan and Mary Beth Taylor were absent.
5. ADJOURNMENT: The Chair declared the meeting adjourned at 9:50 PM.
https://www.mcleancountyil.gov/ArchiveCenter/ViewFile/Item/9181
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