McLean County Times

McLean County Zoning Board of Appeals met Sept. 3.

Here are 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, Ruth Novosad, Brian Bangert, Shirley Deerwester, and alternate members Steve Kerber and Drake Zimmerman. Members Michael Kuritz and Julia Turner were absent. Also present were Darrell Mitchell, Zoning Enforcement Officer, and Taylor Williams, Assistant State’s Attorney.

3. APPROVAL OF MINUTES: Motion was made by Dean/Novosad to approve minutes from the August 6, 2024, Zoning Board of Appeals meeting. The minutes were approved by voice vote.

4. APPEARANCE BY MEMBERS OF THE PUBLIC: No one came forward to speak on matters not on the agenda.

5. REGULAR AGENDA:

Case SU-24-08, an application of Jonathan Shepherd in case SU-24-08 on parcel 28-36-100- 006. He is requesting a special use to allow a single-family residence in the A-Agriculture District on land unsuitable for farming on property in Randolph Township immediately east of 1700 East Rd. and ½ mile north of 200 North Rd. (US Rte. 136).

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 the standards set forth in Article VIII Section 350-56 (Standards for Special Use Permits) of the County Code.

Jonathan and Lacey Shepherd, 710 Russell Court, Heyworth, IL appeared to give testimony and were sworn. Mr. Shepherd indicated that there was not a well on the property and that the existing septic system needed to be replaced.

The board reviewed and discussed the proposed special use application.

Motion was made by Zimmerman/Novosad to recommend approval of case SU-24-08.

The roll call vote was seven members for the motion to recommend approval, none opposed, and Members Kuritz and Turner were absent.

Case ZA-24-01, an application of the McLean County Land Use and Development Committee in case ZA-24-01. This is a text amendment of the Zoning Ordinance of the Code of McLean County Chapter 350, Zoning Section 350-43. Utility, Major to delete the 200-foot separation requirement from the R-1 Single-Family Residence District and the R-2 Two-Family Residence District to a Major Utility.

Secretary Dick called the case, provided exhibits to the board, and submitted a staff report for review. He indicated that the proposed amendment came from the McLean County Land Use and Development Committee following discussion at its April 2, 2024, Committee meeting.

Secretary Dick indicated staff recommends that the proposed text amendment be approved and that it will promote public health, safety, comfort, morals, and general welfare, conserving the value of property throughout the County.

Gary Trembley, 2707 Robin St., Bloomington, IL asked how far from a property line a solar farm could be located.

Secretary Dick indicated that a solar farm would need to be at least 50 feet from a non participating property line.

A motion was made by Kuritz/Novosad to recommend approval of Case ZA-24-01.

The roll call vote was seven members for the motion to approve, none opposed, and members Turner and Kuritz were absent.

Case SU-24-09, an application of ASD McLean IL Solar V, LLC by PureSky Energy in case SU-24-09 on parcel 02-01-300-011. It is requesting to amend and renew special use case SU 22-07 for a Solar Power Generating Facility in the Agriculture & M-2 General Manufacturing Districts in Gridley Township at 31039 N 2280 East Rd., Gridley, 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 the standards set forth in Article VIII Section 350-56 (Standards for Special Use Permits), and Article VI Section 350-43.OO (3) (Use Standards for a solar power generating facility) of the County Code with stipulations.

Michael Larkin, 644 Newton St., Denver, CO appeared to give testimony and was sworn. Mr. Larkin indicated that this special use was previously owned by AMP Solar, a Canadian company, and properties in the US were divided off into properties for PureSky Energy. He indicated that they have the same employees. He indicated that this project was put on the construction list by the Illinois Power Agency for possible construction in July 2025. Mr. Larkin indicated that the application was only approved by Ameren to produce three megawatts (MW) to the grid and the that a maximum output of the solar panels would be 3.65 MW.

Anna Ziegler, 2242 Westgate Dr., Bloomington, IL asked since the plans show infrastructure to be removed to two feet and the AIMA requires 5 feet, what would be the result. She also asked what the amount of the escrow would be if the output is changed to 3 MW.

Mr. Larkin indicated that they would need to follow the AIMA requirement for the infrastructure removal, and that an engineer would need to determine what the escrow would need to be. He estimated that the escrow amount would likely be increased.

The board reviewed and discussed the proposed special use application.

A motion was made by Dean/Zimmerman to recommend approval of Case SU-24-09 with the recommended stipulations.

The roll call vote was seven members for the motion to approve, none opposed, and members Turner and Kuritz were absent.

Case SU-24-10, an application of ASD McLean IL Solar III, LLC by PureSky Energy in case SU-24-10 on parcels 21-27-351-002, 21-27-352-002, 21-34-100-002 & 21-34-100-010. It is requesting to amend and renew special use case SU-22-09 for a Solar Power Generating Facility 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 the standards set forth in Article VIII Section 350-56 (Standards for Special Use Permits), and Article VI Section 350-43.OO (3) (Use Standards for a solar power generating facility) of the County Code with stipulations.

Michael Larkin, 644 Newton St., Denver, CO appeared to give testimony. He had already been sworn. Mr. Larkin indicated that this property was not usable for agriculture and that they were working with Ameren to establish a gravel access road along the west side of the property for their shared use. Mr. Larkin indicated that this project was on a wait list with the Illinois Power Agency.

The board reviewed and discussed the proposed special use application.

A motion was made by Novosad/Dean to recommend approval of Case SU-24-09 with the recommended stipulations.

The roll call vote was seven members for the motion to approve, none opposed, and members Turner and Kuritz were absent.

Case SU-24-11, an application of ASD Old Colonial IL Solar, LLC by PureSky Energy in case SU-24-11 on parcels 21-22-400-019, 21-22-400-021 & 21-23-351-003. It is requesting to amend and renew special use case SU-22-11 for a Solar Power Generating Facility in the Agriculture District in Bloomington Township immediately north of the intersection of Old Colonial Rd. and 1600 East Rd.

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 the standards set forth in Article VIII Section 350-56 (Standards for Special Use Permits), and Article VI Section 350-43.OO (3) (Use Standards for a solar power generating facility) of the County Code with stipulations.

Michael Larkin, 644 Newton St., Denver, CO appeared to give testimony. He had already been sworn. Mr. Larkin indicated that PureSky would be under contract with Ameren by the end of the year. He indicated that pollinator plants would be grown on the property and that the vegetative screen would be from 25 to 40 feet deep.

Eric Smith, 10059 Walker School Rd., Bloomington, IL asked how long to would it take to construct the solar farm. He also asked what the vegetative screen would be composed of, and how many solar panels would be installed.

Mr. Larkin indicated that the screen would be evergreen trees recommended by a local landscaper and would be designed before a construction permit would be issued. He indicated that construction would take from 12-18 weeks with noisy construction taking from 3-4 weeks. Mr. Larkin indicated that there would be 13,500 solar panels installed.

Gary Trembly, 2707 Robin St., Bloomington, IL asked if he knows where the flood plain is located.

Mr. Larkin indicated that the flood plain is marked on the site plan.

Anna Ziegler, 2242 Westgate Dr., Bloomington, IL asked if there are any Illinois Pollution Control sound requirements for solar farms.

Mr. Larkin said that he was not aware that the solar farm would violate Illinois Pollution Control sound requirements.

Eric Smith, 10059 Walker School Rd., Bloomington, IL appeared to give testimony and was sworn. Mr. Smith indicated that his sunroom, where he often sits, is 50 yards from the proposed solar farm and that he would be negatively impacted by the proposed solar farm. He indicated that solar panels contain hazardous materials that would pollute nearby soil and groundwater for his well.

Gary Trembly, 2707 Robin St., Bloomington, IL appeared to give testimony and was sworn. Mr. Trembly indicated that an unintended consequence of the 1972 Clean Water Act was to cause the spread of PFAS by spreading water with this ingredient on many acres of farm land.

Mike Larkin indicated in closing that the proposed solar farm would not negatively impact nearby residential properties.

Gary Trembly indicated in closing that solar farms should not be located near residences and that he recommends denial of the proposed application.

The board reviewed and discussed the proposed special use application.

A motion was made by Zimmerman/Deerwester to recommend approval of Case SU-24-11 with the recommended stipulations.

The roll call vote was seven members for the motion to approve, none opposed, and members Turner and Kuritz were absent.

6. INFORMATION ITEM:

Secretary Dick invited members of the ZBA to attend the October 25, 2024, meeting of the Illinois Association of County Zoning Officials (IACZO).

7. ADJOURNMENT: The Chair declared the meeting adjourned at 10:22 PM.

https://www.mcleancountyil.gov/ArchiveCenter/ViewFile/Item/10463