Grundy County Zoning Board of Appeals Committee met June 20.
Here are the minutes provided by the committee:
The public may attend in person or enter comment for the Public Comment portion of the meeting by emailing publiccomment@grundycountyil.gov by 2 hours prior to the start of any meeting. As always live streaming is available via the internet by going to https://www.grundycountyil.gov and clicking on minutes and agenda towards the bottom of the page.
I. Call to Order/Pledge of Allegiance
| Attendee Name | Title | Status | Arrived |
| Dick Joyce | Present | ||
| Bob Breisch | Present | ||
| Lisa Lynch | Present | ||
| Mark Hill | Present | ||
| Al Skwarczynski | Present | ||
| Mark Sandeno | Present | ||
| Ryan Cryder | Absent | ||
| Heidi Miller | Land Use Director | Present | |
| Beth Skoff | Land Use Assistant | Present | |
| Mary Kucharz | County Administrator | Present |
Public Attendees:
Jim Griffin
Eli Varol
Mike
Rudy Dixon
Robert Hammond
Peter Clark
Steve Weis
Patrick Leib
Marty Steep
Brad Baker
Larry Johnsen
Nick Cozwell
John Cummings
Jerald Sperk
Chris Lamping
Peggy Lamping
Christina VanYperen
II. Approval of Minutes
1. Zoning Board of Appeals Committee - Public Hearing - May 16, 2023 7:00 PM
Breisch asked if there were any changes or amendments needing to be made to the May 16th, 2023 minutes. Hearing none, the minutes will stand approved as written.
| RESULT: ACCEPTED [UNANIMOUS]
AYES: Joyce, Breisch, Lynch, Hill, Skwarczynski, Sandeno ABSENT: Cryder |
1. Special Use for a the Buffalo Solar on 960 Acres in Norman Township
1. Petition 23-ZBA-005 Special Use for the Buffalo Solar Farm, LLC
This petition is for a Special Use for the Buffalo Solar Farm on 960 acres in Norman Township. Chairman Breisch asked Miller to read the summery attached. Miller gave her summery of the proposed solar farm located in Norman Township. Breisch reads Fleishman letter into minutes. Skwarczynski asks Miller if the conditions are in petition and includes 2021 code.
Breisch completed a mass swearing in for speaking.
Petitioner starts with Jim Griffin - 116mw on 960 acres, AMA agreement, requesting extension on permit time from 12 to 24 months.
- Eli Vorol, Development Manager, 40 year life of the project, shows site plan etc. -- Sandeno questions damaged panels and what to do with them - can not recycle some parts, baseball hail - local requirements.
- Mike Marous - Real Estate Appraiser, did not find negative impact on property values close to solar array. Sandeno concerned on loosing farmland.
- Rudy Dixon - Engineer & Surveyor, Drain Tile Survey and investigations, will repair and or replace drain tiles for the project done in beginning, piles go fifteen feet deep H-shaped no concrete, long term impact on soil will rest for 40 years, decreases run off water, tiles are warranty for fifty years.
- Robert Hammond, owner, views it as conserving the land for future use, land is not gone forever like a building and produces revenue.
Public comment :
--Peter Clark - Claims lack of notice, drains on his property, concerns on traffic during the build, ham radio effects.
--Steve Weis - View of panels and fencing unattractive, need, benefit, tax revenue, field tiles, and wildlife and nature concern.
--Patrick Leib - doesn't feel his property will sell with solar field across the street.
--Marty Steep - concern on property value, where the tax revenue will be going.
Marous gives breif explination on revenue.
--Brad Baker - taking farm ground out of production, roads, lack of township involvement prior to site plan.
Miller explained township will be involved after County Board approval for engineering approval. --Larry Johnsen - Lack of notice, durability of panels, fire concern, wireless interference.
--Nick Cozwell - Power grid support, wildlife/water foul, water retention concern.
Vorol explains the power grid and drain tiles.
--Steve Weis - panels tornado proof, debris from tornado who's liable.
Griffin explains if there's proof of negligence.
Public hearing closed at 8:28pm.
-- Sandeno - concerned on depleting farmland in county. Joyce - approved solar farms, not many of them built yet. Miller states the State law says that no county can deny a solar or wind farm. Had to adopt a new ordinance. Have opportunity to place special use conditions on the solar/wind farms. Small amount of land taken out so far. Breisch says all this goes to the State of Illinois, need to go to legislators to complain.
Lasalle Factors
1. The compatibility with the existing use and zoning of nearby property. -All Board members do not feel this is a concern.
2. The extent to which property values of the subject property are diminished by the existing zoning requirement. -All Board members do not feel this is a concern.
3. To the extent to which the proposed amendment promotes a public health, safety, and welfare of the county. -All Board members do not feel this is a concern.
4. The relative gain to the public, as compared to the hardship imposed upon the applicant. -All Board members do not feel this is a concern.
5. The suitability of the subject property for the purpose of which it is presently zoned. -All Board members do not feel this is a concern.
6. The length of time that the subject property in question has been vacant, as presently zoned, considered in the context of the development in the area where the property is located. -All Board members do not feel this is a concern.
7. The consistency of the proposed amendment with the Comprehensive Plan, and any adopted land use policies. -All Board members do not feel this is a concern. 8. That the proposed amendment will benefit the needs of the community. -All Board members do not feel this is a concern.
Adding two more conditions to list to make 24 conditions stated below;
1) The proposed Buffalo Solar, LLC shall receive an approval for all storm water engineering through the site development review from the Grundy County Review Engineer prior to any excavation to the site.
2) The proposed site construction of all electrical components and solar panels for the Buffalo Solar, LLC shall comply with the 2021 International Building Code and the 2020 National Electrical Code and be installed by a certified installer. The building permit and all it inspections for the development of this solar farm shall be completed by the Grundy County Land Use Department.
3) The landscape buffer and approved fencing shall be in place prior to final building permit approval and operation of Buffalo Solar, LLC. An approved landscaping maintenance plan shall be provided along with the name and contact information for the maintenance company employed to do such work.
4) The landscape buffer shall be maintained by Buffalo Solar, LLC such as plantings are pruned and replaced as needed to be for the full operation of the solar farm. Any diseased or dead vegitation shall be replaced and comply with the landscape plan within a timely fashion.
5) Fencing shall be maintained by Buffalo Solar, LLC throughout the full life operation of the solar farm. The entrance gate shall have a light installed lit from dusk until dawn that will provide emergency personnel with the location of the gate to the solar farm from the roadway.
6) Buffalo Solar, LLC shall after the completion of the solar farm, become a member of the Joint Utility Locating Information for Excavation ("JULIE"), to identify the location of any underground electrical lines, to provide a list of the same to the County and to register the same to JULIE.
7) Buffalo Solar, LLC shall complete a drain tile survey that includes any drain or field tiles found during construction. During the construction if any drain tiles are impacted, they shall provide a plan to complete replacement or repairs to the Grundy County Highway Engineer and parcel owner for approval. Once approved all work shall be completed by the expense of the developer. All work shall be completed in reasonable time. GPS location and drain tile repair records will be available for inspection by the County.
8) The construction team shall have a preconstruction meeting with the Fire District having jurisdiction, Highway Engineer, and the Land Use Department prior to the beginning of construction.
9) Construction hours shall be between 6:00am and 9:00pm.
10) Buffalo Solar, LLC shall comply with all applicable Illinois Pollution Control Board regulations.
11) Buffalo Solar, LLC shall respond to all complaints from persons affected by the construction or operation of the solar farm within 48 hours. The complaint shall be resolved in a prompt and reasonible manner. The complaints shall be logged including resolutions made to the resident. All resolutions should be forwarded to the Land Use Department once the complaint has been resolved.
12) A full as-built plan showing all the engineering completed for the project shall be provided and approved by the Review Engineer. Final as built shall be provided to the Land Use Department for completion of the petition file once reviewed and approved by the Highway Engineer and the Review Engineer for Grundy County.
13) Buffalo Solar, LLC shall provide an annual report at the anniversay date of operation to Grundy County Land Use Department the exhibits that the solar farm is working properly and has been maintained following this special use.
14) Buffalo Solar, LLC shall provide a primary point of contact for community relations, complaint resolution, and public reporting to the Land Use Department and Highway Engineer.
15) If Buffalo Solar, LLC does not comply with any of these conditions when requested by the Land Use Department, the violations shall be brought to the attention of the State's Attorney's office for further action. The County Board will have the ability to revoke the special use and fine not less than $100.00 nor more than $500.00 for each offense for each day of the offense.
17) Liability insurane for the Buffalo Solar, LLC shall be provided to the Land Use Department prior to the issuance of any site development permits or prior to excavation of the site.
18) Dust control methods will need to be adhered to during the construction of the farm using watering trucks.
19) The decommissioning statement that was provided will for and approved by a professional engineering firm.
20) Developer is required to comply with a local, state, and federal laws reguarding the disposal of waste from the site during construction and during the operation of the solar farm.
21) That the developer of the Buffalo Solar, LLC shall comply and achieve an Agricultural Impact Mitigation Agreement which includes an approved landscape plan for the interior of th esolar facility that is pollinator friendly. The developer is required, upon receipt of this approval from the Illinois Department of Agriculture, to provide that to the Grundy County Land Use Director.
22) Buffalo Solar, LLC shall have a certified survey completed prior to the time of requesting a Site Development review from the Grundy County Review Engineer. That survey shall be provided to the Land Use Director.
23) White pines shall be added as requested as barriers for existing homes owned by the Fleishman’s.
24) Electronic interference caused by the solar farm facility shall be remedied by Buffalo Solar, LLC.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Al Skwarczynski SECONDER: Mark Sandeno AYES: Joyce, Breisch, Lynch, Hill, Skwarczynski, Sandeno ABSENT: Cryder |
Petition 23-ZBA-004: Special Use for a farm to be used for Special Events
This petition is for a Special Use Permit for a farm to be used for Special Events at Green Acres Morris located at 830 East Southmor Rd, Morris, IL 60450. Chairman Breisch asked Miller to read the summery attached. Miller gave her summery of the Special Use for events. John Cummings spoke to his intent for the property at 830 East Southmor Rd. No questions from the Zoning Board at this time.
Public comment opens
- Jerald Sperk - Pole Bldg unattractive, dirt for strawberry patch concern with water, noise.
- Chris Lamping - items in yard eyesore, doesn't like pole building, added dirt, extra water. - Jerald Sperk - provide security during events.
- Peggy Lamping - noise happening events, keep neat and clean
- Jeral Sperk - property value
Closed Public comment
Lynch has question on what private vs public. Miller explained that a private event is just for their family and does not require a special use.
Lasalle Factors
1. The compatibility with the existing use and zoning of nearby property. -All Board members do not feel this is a concern.
2. The extent to which property values of the subject property are diminished by the existing zoning requirement. -All Board members do not feel this is a concern.
3. To the extent to which the proposed amendment promotes a public health, safety, and welfare of the county. -All Board members do not feel this is a concern.
4. The relative gain to the public, as compared to the hardship imposed upon the applicant. -All Board members do not feel this is a concern.
5. The suitability of the subject property for the purpose of which it is presently zoned. -All Board members do not feel this is a concern.
6. The length of time that the subject property in question has been vacant, as presently zoned, considered in the context of the development in the area where the property is located. -All Board members do not feel this is a concern.
7. The consistency of the proposed amendment with the Comprehensive Plan, and any adopted land use policies. -All Board members do not feel this is a concern. 8. That the proposed amendment will benefit the needs of the community. -All Board members do not feel this is a concern.
Miller stated that the petitioner wants a condition to have the Conditional use to himself and predecessors and not the land.
Lynch askes about permanent restrooms.
Cumming states does not to intend to have many events, just a few.
Conditions For special use are as follows:
1) The owner will need to check with the Grundy County Liquor Commissioner if liquor is distributed at any events to insure that all approvals are obtained.
2) The Environmental Health Department shall be advised when any event takes place where food is served to ensure that all approvals are obtained.
3) No participants are allowed to stay overnight on the premises for any events.
4) The accessible parking space shall comply with the Illinois Accessibility Act and Federal ADA.
5) Proof of liability insurance shall be provided prior to any event taking place on the premises.
6) The Owner shall ensure that the lighting for the facility does not shed onto other adjacent properties or onto Southmor Rd and that the footcandle amount is zero at the lot line.
7) Quiet Hours for the site shall start at 11:00pm and end at 9:00am.
8) The owner shall ensure that there are parking attendants who will direct all parking such that there is no parking of vehicles on the driveway, Southmor Rd, or other properties. The attendant shall direct all traffic to the parking area desgnated.
9) The owner shall ensure that all parking areas are maintained and that the site is clean of all litter.
10) The owner shall limit the number pf participants at any time to 113 or less to meet the parking that is allowed.
11) No fireworks or explosives will be allowed on the premises for events.
12) Special Use shall be for John Cummings and his predecessors. This special use is not tied to the property.
| RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Sandeno SECONDER: Lisa Lynch AYES: Joyce, Breisch, Lynch, Hill, Skwarczynski, Sandeno ABSENT: Cryder |
Miller briefly explains what these are and suggests the change to the code to allow for a family unit for parents or family members requiring care.
| RESULT: APPROVED [5 TO 0]
MOVER: Lisa Lynch SECONDER: Al Skwarczynski AYES: Breisch, Lynch, Hill, Skwarczynski, Sandeno ABSENT: Cryder RECUSED: Joyce |
4. Ordinance to Add Agricultural Special Use Events to the Unified Development Code 23-ZBA-002 - Ordinance to Add Agricultural Special Use Events to the Unified Development Code
Miller briefly explaines what these are and conditions we need to review.
Public comments opens
- Christina VanYperen, Chamber of Commerce - good for the community, draws people to spend money in our community, want and need for these types of things in our area.
Public comment closes
Skwarczynski states the importance of the 5 acre minimum on the ADU.
Joyce night hours 10pm to 7am not 2am.
| RESULT: APPROVED [5 TO 0]
MOVER: Al Skwarczynski SECONDER: Lisa Lynch AYES: Joyce, Lynch, Hill, Skwarczynski, Sandeno ABSENT: Cryder RECUSED: Breisch |
1. Vote for Chair and Vice Chair for the Zoning Board of Appeals
Vote for Chair and Vice Chair for the Zoning Board of Appeals
Sandeno makes motion to stand with as is.
Chairman vote - Skwarczynski makes motion Briesch be Chairman - Hill seconds
Motion Carries
Vice Chair Sandeno motions for Skwarczynski for Vice Chairman - Hill seconds
Motion carries
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Mark Sandeno SECONDER: Mark Hill AYES: Joyce, Breisch, Lynch, Hill, Skwarczynski, Sandeno ABSENT: Cryder |
V. New Business
Lynch question require public hearing signs, bring to July meeting.
VI. Adjournment
RESULT: Approved Unanimous
MOVER: Skwarczynski
SECONDER: Lynch
AYES: Breisch, Hil, Joyce, Sandeno
ABSENT: Cryder
http://grundycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=3023&Inline=True
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