LEE COUNTY ZONING BOARD OF APPEALS Ron Conderman, Chairperson Craig Buhrow, Vice Chairperson Mike Pratt, Member Gene Bothe, Member Tom Fassler, Member Bruce Forester, Alternate Member Chris Henkel, Zoning Officer Alice Henkel, Clerk The Lee County Zoning Board of Appeals met on Thursday, April 5, 2012, at 7:00 p.m. in the Old Lee County Courthouse, Dixon, Illinois. Chairman Ron Conderman called the meeting to order and stated that this meeting is a continuation of the February 23, 2012 meeting of this Board. Chairman Conderman asked Clerk Alice Henkel to call the roll. The following members were present: Craig Buhrow, Mike Pratt, Gene Bothe and Tom Fassler. The first order of business was the approval of the minutes for the February 23, 2012 meeting. Chairman Conderman asked if there were any additions and/or corrections to the minutes. There were none. Gene Bothe made a motion to approve the minutes, and Mike Pratt seconded it. All were in favor of the motion, resulting in a 5 0 vote. The first order of old business is the approval of this Board s Finding of Fact for the text amendment 10-19-01 (see attached, Lee County Zoning Board of Appeals Finding of Fact). Chairman Conderman directed Chris Henkel to read the proposed finding of fact. Mr. Henkel stated that these findings of fact had been drafted by the Lee County State s Attorney, Chairman Conderman, and himself; and they are required as part of the ordinance that has been presented to the County Board and is presently sitting on their table. He then read the proposed findings of fact. Chairman Conderman asked for a motion and a second on this proposal in order to get this matter on the table so that it may be discussed. Gene Bothe made a motion, and Mike Pratt seconded it. Tom Fassler referenced Findings of Fact No. 7, As it relates to the existing ordinance, there is no adverse impact upon the character of the neighborhood ; and wanted to know where this came from. Mr. Henkel said that finding was made when comparing the existing ordinance that is currently in place and the proposed ordinance that was recommended to the County Board on February 23, 2012. Mr. Fassler thinks that it can be argued that there is impact upon the character of the neighborhood. He asked if the Board would be doing a finding of fact or if the document that had been read by Mr. Henkel was the finding of fact. Mr. Henkel said that what he read was the 1
findings of fact for a text amendment and that it is different than a finding of fact for a map amendment, which the Board has done on many occasions. Craig Buhrow asked if the proposed finding of fact was saying that when comparing the proposed ordinance to the existing ordinance, it doesn t change the character of the neighborhood. Mr. Henkel said that between the two ordinances, there is no change. Chairman Conderman called for a vote. The Board voted to approve the proposed findings of fact 4 1. Tom Fassler dissented. The next order of old business was the approval of Petition No. 11-P-1473, a petition for text amendment, filed by Petitioners Larry Gerdes and Friesland Farms, LLC. Chairman Conderman called for a motion three (3) times. Chairman Conderman stated that approval of the petition failed as there was a lack of a motion. Chairman Conderman proceeded to new business, Petition No. 12-P-1480, by Rick Kettley, PPN 21-12-19-400-002, located in Willow Creek Township, requesting an Special Use in an Ag-1 zone for the purpose of a Restricted Landing Area (RLA). Rick Kettley was sworn in on behalf of the petition. Mr. Henkel said the Petitioner has fulfilled the notification requirements. Mr. Kettley told the Board that he would like to have a restricted landing area at his farm located on the north side of Stainbrook Road (3046 Stainbrook Rd., Steward, IL). The RLA would be located on a parcel of land that is approximately 160 acres. Mr. Henkel asked him if he would be using the land that is directly behind and north of the dwelling that is located on the parcel. Mr. Kettley said he would be. Roseann Para, Chair of the Willow Creek Township Planning Commission, was present with regards to the petition. She presented a letter that is addressed to the Willow Creek Township Board of Trustees and was written by the Willow Creek Township Planning Commission (see attached). The township planning commission made a recommendation to the Township Board of Trustee to approve Mr. Kettley s petition; however, the Township Board of Trustees does not meet until April 10, 2012. Therefore, the Township Board of Trustees will not be making its recommendation until on, or after, that date. Mr. Henkel explained that since Willow Creek Township Board of Trustees has not made its recommendation, it is up to this Board to decide whether or not to vote on the petition at that time. The Township Board of Trustees is scheduled to meet prior to the next meeting of the Lee County Board (April 17, 2012). He said that if the Township Board of Trustees decided to oppose this petition; he would recommend that they file an objection to the petition which would require a ¾ majority vote from the County Board. He also noted that if Willow Creek decides to objects to this petition, it would raise a lot of questions with the County Board. 2
Mr. Buhrow asked what dimensions the landing strip would have. approximate dimensions are to be a ½ mile by the State-required 100 feet. Mr. Kettley said the Mr. Pratt asked how close the nearest wind turbine is. Mr. Kettley said there is one that is approximately ¼ mile south and noted that the State come to the proposed location and approve the site. Mr. Pratt asked if the RLA would be for private use; and Mr. Kettley said it would be. Chairman Conderman asked if there were any objections and/or comments from any visitors present. There were none. Mr. Henkel suggested that there be a limitation on the amount of acres that are to be used for the RLA; and he recommended limiting the site to five acres. The Board agreed that the RLA site is not to exceed five (5) acres. This would be enough for have the airstrip and a hangar if Mr. Kettley decides to build one. With regards to setbacks from wind turbines, Mr. Pratt asked Mr. Kettley what he will do if his RLA doesn t meet the setback requirements to any surrounding wind turbines. Mr. Kettley said that his proposed RLA won t happen. Mr. Pratt wanted to know if Mr. Kettleyl knew whether or not his proposed RLA meets any setback requirements for any nearby wind turbines prior to the Lee County Board votes on this petition. Mr. Kettley said the County can vote to approve it, but it can t become a landing strip until the State approves it. Mr. Pratt wanted to know what would happen to the zoning if the County approves the RLA but the State doesn t. Mr. Henkel said that this Board could vote to approve the petition with the condition that it must be also be approved by the State. If the State does not approve it, then the Special Use zoning will revert back to Ag-1, Agricultural District, with no Special Use. Mr. Kettley said he was under the impression that he must have the County s approval before the State will begin its review. Mr. Henkel pointed out that with special use zoning, the special use goes away if it doesn t take place within 12 months. He cited the County ordinance: Nullified special uses: In any case where a special use has not been established or substantially underway within one year from date of granting thereof, then without further action by the County Board the special use or authorization therefore shall be null and void. Chairman Conderman proceeded with the Findings of Fact: The first finding of fact is the effect of the proposed use upon the character of the neighborhood. 3
Craig Buhrow made a motion to accept this finding of fact, and Mike Pratt seconded this motion. The Board voted Yes, 5 0. Chairperson Conderman proceeded with the second finding of fact by asking the Board to state if there is an effect of the proposed use upon traffic conditions. Mike Pratt made a motion to accept these findings of fact, and Craig Buhrow seconded it. The Board voted Yes, 5 0. Chairperson Conderman proceeded with the third finding of fact by asking the Board to state if there is an effect of the proposed use upon public utility facilities. Gene Bothe made a motion to accept these findings of fact, and Mike Pratt seconded it. The Board voted Yes, 5 0. Chairperson Conderman proceeded with the final finding of fact by asking the Board to state if there is an effect of proposed use upon public health, public safety, and/or general welfare. Craig Buhrow made a motion to accept these findings of fact, and Mike Pratt seconded it. The Board voted Yes, 5 0. Gene Bothe made a motion to recommend to the County Board Mr. Kettley s petition for a RLA that is not to exceed 5 acres; and Mike Pratt seconded it. All were in favor, resulting in a 5-0 vote. Chairperson Conderman stated that this matter will go before the Lee County Board on April 17, 2012, at 9:00 a.m. with a recommendation for approval of the petition. The next item on the agenda was comments from the visitors section. Bob Logan of Franklin Grove told the Board that he has never seen government operate the way this Board did that night and feels the Board may have done more damage in its effort to do good for the wind industry because of the way this Board has handled things. With regards to the Findings of Fact that were approved earlier this meeting, Mr. Logan agreed that there should be a finding of fact; however, the facts should have been deliberated. He said the findings will pass a legal test, but feels they are misleading. 4
Mr. Logan disagrees with Finding of Fact No. 7 as he feels that the evidence, the testimony that was presented to this Board contradicts several of the findings, including No. 7. He said that none of the evidence was reflected in No. 7. With regards to the Gerdes/Friesland Farms petition for text amendment, Mr. Logan feels that the petitioners were denied their due process because this Board approved a different text amendment. He feels the Gerdes/Friesland Farms proposed text amendment was not reviewed in an open forum. Mr. Logan said he appreciates the opportunity to speak but he doesn t appreciate the opportunity to speak after all decisions have been made. He told the Board that he pays their wages that he is a tax payer, and this Board owes it to the tax payers to do better. Jim Timble from Franklin Grove said this Board has put together an improvement ordinance, that has some good things in it. However, he wished that the principles were present to argue for the Gerdes/Friesland Farms proposed text amendment because he feels it is better, specifically with regards to noise and setbacks. He feels that the ordinance proposed by this Board improves a lot of things but that it is still going to hurt people. Mr. Timble also disagrees with Findings of Fact No. 7. He feels that this finding is making a guarantee that poor Lee County is never going to be able to stand upon or defend or have a good outcome. Mr. Timble said various studies were given to this Board. In one study, done in Australia, 24 people abandon their homes because of sickness from a wind farm, and since that study was done, new legislation has taken effect, increasing setbacks. He referred to situation in Denmark, Wisconsin where 2 families abandoned their homes. He also mentioned the McPherson study. He said these studies suggest that wind turbines generate infrasound, low frequency sound, and this type of sound is causing people to become ill. He said this has been known for 50 years. Mr. Timble said that Board Member Tom Fassler is suffering from shadow flicker from a turbine that is 3,000 feet away. He feels that litigation is inevitable and will be worse that what happened in DeKalb County. Richard Boris from Willow Creek Township disagrees with Findings of Fact No. 7 because decreases in property values that have been realized in Willow Creek has been omitted. He said that when studies add the third, fourth and fifth miles to dilute the actual impact on property values, it is inappropriate because the real decrease in property values occurs in the first mile or two. He referred to a study from McCann, a court-certified appraiser. 5
Mr. Boris said that No. 7 is committing the County to liability because he feels that it is saying that whatever setback this Board makes, there is no adverse health impact; and he feels there has been significant information to the contrary. He thinks it would be better to leave the setbacks open-ended, requiring a minimum of 1,400 feet, unless the wind farm company, for reasons of health and safety determines that should be greater. He believes this will put more of the risk on the wind companies because he feels there are health impacts on people. Based on the Findings of Fact, Mr. Boris said that this Board is accepting 100% of that risk and nothing is being said about property value. He said that what we re looking at is the future decline of Lee County. Gile Kalvelage from Willow Creek Township feels that there is nothing that he can say to this Board that is going to make an influence. Based on some comments he read in the newspaper, it seems to support that what citizens are doing and taking a concerned look at some of the processes that happen within [the] County, are just not cared about. He said he has witnessed it first-hand and finds it very disappointing. He thinks that County Officials need to consider the feelings of the citizens of Lee County. On the motion of Mike Pratt, seconded by Gene Bothe, the meeting was adjourned at 7:38 p.m. Respectfully submitted, Alice Henkel By: 6