Champaign County Environment and Land Use Committee met Sept. 8.
Here are the minutes provided by the committee:
Committee Members
| Present | Absent |
| Aaron Esry (Vice-Chair) | |
| Stephanie Fortado | |
| Mary King | |
| Kyle Patterson | |
| Jacob Paul | |
| Chris Stohr | |
| Eric Thorsland (Chair) |
Others Present: None
MINUTES
I. Call to Order
Committee Vice-Chair Esry called the meeting to order at 6:30 p.m.
II. Roll Call
A verbal roll call was taken, and a quorum was declared present.
III. Approval of Agenda/Addendum
MOTION by Ms. King to approve the agenda with a change of order, moving item IX. New Business: Items to be Recommended to the County Board to after item VI. Communications, seconded by Mr. Paul. Upon voice vote, the MOTION CARRIED unanimously to approve the agenda as corrected.
IV. Approval of Minutes
A. August 4, 2022 – Regular Meeting
MOTION by Mr. Paul to approve the minutes of the August 4, 2022, regular meeting, seconded by Mr. Patterson. Upon voice vote, the MOTION CARRIED unanimously.
V. Public Participation
Steve Schmall, resident of Edgewood Subdivision -- Mr. Schmall spoke on behalf of the 150 homeowners in the neighborhood regarding a nuisance property. Mr. Schmall presented photographs to the committee showing weeds around a home. The weeds are 6-feet tall and include bull thistle, which is very invasive. The residents have not done anything with the yard over the last three years. It will have an impact on the re sale value of homes in the neighborhood.
Roger Henning, Philo – spoke on the wind ordinance issue. Concerned that there is nothing to protect land if there are no structures on it. All the recommendations are to the primary structure and not the property line. There are no protections for future uses of a property. Other counties have protections for the property.
Ted Hartke, Sidney – spoke briefly about the article he had emailed regarding wind turbine noise and suicide and stated that it was peer reviewed and will be sending evidence of that. He has also asked for scientific basis for the 2,000-foot setbacks and has not heard anything back. He also feels that setbacks should be to the property lines. He asked to have rules suspended at ZBA so citizens can ask questions directly to the developer.
Ed Decker, Philo – spoke about this experience on son’s farm in Douglas County. The wind turbines have probably eliminated the possibility of anyone building a home on that property. He has firsthand experience with this, and the setbacks need to be to the property lines.
VI. Communications
Jacob Paul shared an email the committee had received from Roger Frick regarding wind turbines. He is against wind energy production and listed problems with wind energy.
VII. New Business: Items to be Recommended to the County Board
A. Zoning Case 059-AT-22. A request by Dennis Toeppen to amend the Champaign County Zoning Map to change the zoning district designation from B-3 Highway Business to B-4 General Business for further development of a 5-acre tract of Land in the Northeast Quarter of the Northeast Quarter of Section 24, Township 20 North Range 8 East of the Third Principal Meridian in Hensley Township with an address of 73 East Hensley Road, Champaign.
MOTION by Mr. Patterson and seconded by Ms. King to recommend Zoning Case 059-AT-22 to the County Board.
Mr. Hall stated that this was recommended unanimously by the ZBA. There were no public comments and there was no protest from Hensley Township. In 2006/2007 this property had been proposed for re zoning and there was a protest from Hensley Township which the County Board did not override. Those issues seem to have been resolved.
Mr. Stohr asked for an explanation for the difference between B-3 Highway Business and B-4 General Business. Mr. Hall said that the B-3 designation is an outdated zoning district. Many properties zoned B 3 have been rezoned to B-4 General Business. This our most robust business zoning district. Ms. King asked if there was a reason this hadn’t been done previously. Mr. Hall stated we only do these as requested. Mr. Paul asked if Mr. Hall recalled what the specific protest was at the time. There was a concern about heavy truck traffic on Hensley Road and crushing drainage tiles.
Upon voice vote, the MOTION PASSED with a 4 to 1 approval and will move on to the County Board.
VIII. New Business: For Information Only
A. Online Registration Opens September 12, 2022 for October 15, 2022 Residential Electronics Collection
This is the first recycling event since Susan Monte retired. There is a coordination meeting in the next couple of days and sign-up begins on Monday, September 12.
IX. New Business: Items to Receive and Place on File by ELUC to Allow a 30-Day Review Period
A. Proposed Zoning Ordinance Text Amendment to revise select wind farm ordinance sections as follows:
1. Revise Section 6.1.4C.2. to increase the minimum required separation to principal structures.
2. Revise Section 6.1.4D.5. to increase the maximum allowed height.
3. Revise Section 6.1.4I. to lower the Allowable Noise Level
4. Revise Section 9.33B.(6) to add a fee to pay for a post-construction noise study.
MOTION by Mr. Patterson and seconded by Ms. King to receive and place on file the proposed Zoning Ordinance Text Amendment to revise select wind farm ordinance sections.
Mr. Hall spoke about the proposed construction noise study. No other county in Illinois requires it but they found information from the state of Minnesota. That study is included in the agenda. Requirements that were added are like theirs. It also includes the fee to pay for the noise study and to get the fee up front from the wind farm developer. He could find no information on how much that might be, so they made it the same as the application fee. Any difference between the fee and actual cost of the study would need to be paid/refunded as applicable.
Mr. Stohr asked what the application fee is. Mr. Hall stated it is $34,000 or $760 per wind farm tower, whichever is higher. If the fee for the study is higher than what was collected, the wind farm developer would have to pay the difference.
Discussion was held on what a principal structure is. Mr. Hall said a principal structure in a rural area is usually a dwelling. This could be a gray area. It could be argued that the farm is a business, and the home could be anywhere, and the farm could be run from a livestock building or machine shed. There is no definition as to what a principal structure is. It was asked if it would make more sense to make setbacks to the property line and not to the residence. The committee could change that before it goes for public hearing.
MOTION by Mr. Paul and seconded by Mr. Esry to move setbacks from principal dwelling to property lines. Mr. Stohr has concerns about right to farm and doing what they want on their farm. He would like to look into this more.
Upon voice vote, the MOTION FAILS.
Mr. Esry stated that Planning and Zoning brought forth what they were directed to. He stated that he doesn’t feel the setbacks are enough and that we are doing enough for the landowners and the people who live in the area where wind farms could be developed.
Upon voice vote, the MOTION CARRIED to place on file for a 30-day review period.
X. Other Business
A. Semi-Annual Review of CLOSED Session Minutes
MOTION to open the ELUC closed session minutes of December 7, 2017, January 9, 2020, and August 6, 2020 and for all other closed session minutes to remain closed was made by Mr. Patterson and seconded by Ms. King.
Upon voice vote, the MOTION CARRIED unanimously.
B. Monthly Reports
1. May 2022
Mr. Hall stated we know we are having a record number of zoning cases as we have gone through our budget for legal advertisements and will have to come to the County Board with an amendment to increase that budget. It was also another good month for compliance inspections.
XI. Chair’s Report
There was no chair’s report.
XII. Designation of Items to be Placed on the Consent Agenda
There were no items to place on the Consent Agenda.
XIII. Adjournment
Mr. Esry adjourned the meeting at 7:19 p.m.
https://www.co.champaign.il.us/CountyBoard/ELUC/2022/220908_Meeting/220908_Minutes.pdf
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