Peoria Standard

Peoria County Land Use Committee met September 25.

Here is the minutes provided by the Committee:

Members Present: James Dillon - Chairperson, Thomas O'Neill, Barry Robinson,

Brian Elsasser, Paul Rosenbohm, Sharon Williams, Kate Pastucha, Rachael Parker

Members Absent: Brad Harding

Others Present: Larry Evans - State's Attorney's Office; Scott Sorrel, Shauna Musselman, Gretchen Pearsall, Angela Loftus - County Administration; Kathi Urban, Andrew Braun - Planning & Zoning; Mark Little - IT; Dan O'Connell -Facilities; Doug Gaa - County Sheriff; Andrew Rand – County Board Chairman; Kimberly Dickey – Nextera Energy; Gayle and Roger Masters – zoning case petitioners; Sandra Frank – Peoria County resident

Call to Order:

Mr. Dillon called the meeting to order at 3:00 p.m.

Approval of Minutes:

A motion to approve the Land Use Committee minutes from the August 28, 2017 meeting was made by Mr. O'Neill and seconded by Mr. Robinson. A vote was taken on the motion and carried. (8-0)

Reports/ Other Minutes/Updates:

Tri-County Regional Planning Commission Minutes: No questions or comments.

Unsafe Structures: No questions or comments.

Development Summary: No questions or comments.

Mr. Dillon made a motion to receive and file the reports.

Mr. Dillon made note that closings for 4 flood buyout properties had been completed the week prior and there were possibly 6 more closings anticipated for this week. These included properties located in Edwards and along the Illinois River. These properties were damaged in the flood of 2013.

Zoning Case:

042-17-M, Petition of Masters Enterprises, LLC:

Ms. Williams made a motion to approve the special use request and was seconded by Mr. O’Neill.

Ms. Urban summarized the case. This is a request to modify Special Use #046-84-U, which was previously modified under case #029-85-M. The petitioner proposes to modify the number of required parking from 140 parking spaces to 49 parking spaces for use with a private outdoor recreation area. The petitioner also proposes to modify the uses allowed as part of the existing private outdoor recreation area to include a dog park and dog run, a sand volleyball court, and a bags/horseshoe pit. The original Special Use allowed for a club and lounge, tavern, tennis courts, and baseball diamond. The petitioner’s request to reduce the number of required parking spaces will update the Special Use request to current zoning requirements. The initial request for a dog run was removed by the petitioner after discussions with the Health Department regarding the location of the septic field. The subject parcel is zoned “A-2” Agricultural and contains a permitted existing ball field and tavern. Adjacent parcels contain agricultural land, timberland, and residential uses. The property utilizes private septic and well, and the Health Department has no objection to the request. According to the petitioner’s estimates, the market value of the property will be approximately $250,000 after it is rehabilitated. The petitioners also anticipate gross sales of over $1.5 million the first year the business is open, which will benefit Peoria County and the Chillicothe IVC Unit School District. The request is consistent with the Peoria County Comprehensive Land Use Plan and staff has recommended approval with restrictions. The first five restrictions were required for the original zoning cases, whereas the last three were additional restrictions placed on the current request. The Zoning Board of Appeals also recommended approval with the same restrictions.

Mr. Robison asked if this location was the property with the former baseball diamond located on Route 29, and Ms. Urban responded that this was correct. Ms. Urban stated that the existing building on the site has been vacant for years, but that the petitioners intended on fixing it for use again.

Roger Masters, one of the petitioners, stated that the proposed activities and areas located outside the building were for community use and would be free. Mr. Masters added that they wanted a place for people in the community to use and enjoy. Mr. Masters stated that they hoped that the use of these outside areas would translate into sales for the business they hoped to locate in the building as well. Gayle Masters stated that they hoped to use the baseball diamond for softball leagues and tournaments.

A vote was taken and the Special Use request passed unanimously; (8-0)

Discussion:

SODAR remote sonic wind profiler:

Kimberly Dickey from Nextera Energy introduced herself to the committee. Ms. Dickey stated that she had contacted Ms. Urban as a courtesy to let her know that a Nextera SODAR unit had been located in Peoria County. Ms. Dickey stated that the previous director of Planning and Zoning had told her that no permit was necessary for the unit, but that the department would appreciate a courtesy call once it was set up.

Ms. Dickey stated that Nextera has the largest fleet of sited Triton Sonic Wind Profiler units in the industry. Ms. Dickey explained that the Triton unit is the most advanced wind profiler on the market. This unit, which is approximately 9’ x 7’ in size, measures the scattering of sound waves, and is surrounding by safety fencing. The units measure wind speed as well as other wind activities, such as turbulence, which are important in determining levels of wind resources in a location. The units are easy to setup and only require 7 watts of power for operation. It has no moving parts, is lightweight, sturdy, and capable of withstanding various weather events and climates. The data can be accessed remotely and is updated frequently. Leases are agreed upon with private land owners to have the unit located on their property.

Mr. Dillon asked what Nextera’s plan for the future in the area was, and Ms. Dickey responded that there is no way to know at this time. The unit currently located in Peoria County has not been there long enough for Nextera to know if there is a valuable wind resource in the area or not. Ms. Pastucha asked where the current unit was located, and Ms. Urban responded that it was located on Gronewold Rd. in Trivoli Township. Mr. Rosenbohm asked how long it would take in order to gain enough data to determine the level of wind resource in the area. Ms. Dickey responded that the minimum time frame would be 12 months, but that most range from 18-24 months on average. Ms. Dickey added that in the event that this unit did not produce favorable results, Nextera may want to locate it somewhere else, or they may want to place more units in the county to determine possible wind resources in other locations. Ms. Dickey stated that this particular unit may be here for only one year or it may be here for more than five.

Mr. Elsasser asked if there were any of these units in nearby counties, and Ms. Dickey responded that she was not aware of any. Mr. Elsasser asked if Ms. Dickey was looking for support from the board, and Ms. Dickey stated that currently she was only providing information, but that if the data proved there was a great wind resource in the area, she would be back to meet with the Planning and Zoning Department to discuss next steps. Ms. Pastucha asked if there were any wind turbines located in Peoria County currently, and Ms. Urban responded that there were no commercial turbines only a few smaller, private turbines. Ms. Pastucha asked if there were any regulations for these types of structures, and Ms. Urban responded that there is a Wind Energy Conservation Code in the ordinance. Ms. Dickey stated that she had read the ordinance and that it was well prepared. Mr. Dillon asked how long the current unit had been in place, and Ms. Dickey responded that it had been at the location for approximately 5 months. Mr. Dillon asked what size Nextera’s smallest commercial farm is, and Ms. Dickey responded that the average farm produces 40-60 megawatts.

Miscellaneous:

Mr. Elsasser introduced Sandra Frank, a constituent, who lives in the Woodland Heights subdivision on Lakeshore Drive. Mr. Elsasser stated that Ms. Frank had some concerns about burning in her area and wanted to discuss the possibility of a burn ordinance since there currently is not one in unincorporated Peoria County.

Ms. Frank stated that she has a neighbor who is burning trees in excess and causing problems with smoke for the neighbors. Ms. Frank stated that she can no longer open her windows or go outside. Ms. Frank stated that she would like to see a rule or regulation passed to control burning. Ms. Frank stated that her neighbors burn so often that it leaves no chance for other residents to burn at all. Ms. Pastucha asked where these trees being burned are coming from, and Ms. Frank stated that they are trees from their property. Ms. Pastucha asked if the neighbors were bringing these trees in as part of a business they were running, and Ms. Franks responded that they were not.

Ms. Williams stated that she had received similar complaints about burning from her constituents and has referred them to the fire department because the fire department in her area has a burn ordinance. Mr. Elsasser asked which fire department takes care of the area in which Ms. Frank lives, and she responded that she was unsure. Mr. Elsasser asked if there was a homeowner’s association in the subdivision, and Ms. Frank stated that there was, but that they had only advised her that the county did not have a burn ordinance. Ms. Pastucha asked if Ms. Frank had called the EPA, and Ms. Frank stated that she had not. Ms. Frank stated that she would like to see a change. Mr. Dillon stated that Mr. Elsasser would take the first step to call the fire department to see what could be done for Ms. Frank’s situation.

Mr. Elsasser asked if there was a current ordinance regarding solar panels, and Ms. Urban responded that individuals were permitted to have solar panels on their homes, but that they would need to obtain a permit for these units. Ms. Urban added that staff was working on drafting an ordinance to address commercial solar panels and it would be coming forward to the committee soon. Mr. Elsasser asked if the company would be responsible for removal of panels and equipment from private property if they were to go out of business, and Ms. Urban stated that the draft ordinance language did require a decommissioning plan and financial security upfront. Mr. Dillon stated that this issue would be addressed at the Infrastructure Committee later that day. Mr. Sorrel added that Peoria County was approached about this issue for one of the properties they own.

Mr. Elsasser stated that he was recently approached by a citizen regarding Special Uses for land splits and the restriction that it could not be split again without an approved rezoning from the County Board. Mr. Elsasser suggested that maybe a time limit should be placed on the restriction so that it did not last forever. Mr. Dillon stated that the reasoning behind the restriction is to protect neighbors from unlimited splits of land without further approval.

Mr. Braun explained that the situation that Mr. Elsasser was referring to was a case in which a piece of property was split 10 years prior. The owners are now interested in reconfiguring these boundary lines of the split pieces. Mr. Braun stated that the ordinance would require the owners in this case to request a rezoning and have it approved by the board in order to complete the split. A rezoning request in this case would not be consistent with the surrounding area and would therefore not be an ideal candidate for such a request. Mr. Braun stated that the ordinance language was created to protect the creation of smaller parcels in agricultural districts, and that this was a unique case. Mr. Braun stated that any other options to differentiate from this ordinance requirement would have to be addressed through an amendment to the ordinance brought forth by the County Board. Mr. Dillon stated that he did not support rewriting the ordinance to accommodate an isolated case.

Adjournment: Mr. Dillon adjourned the meeting at 3:42 p.m.

http://www.peoriacounty.org/download?path=%2Fcountyboard%2FCommittee_Agenda_and_Minutes%2F2017%2FNovember%2F27+-+Land+Use+Budget+and+Regular%2FLand+Use+Committee+Agenda+11-27-17.pdf