Will County Planning and Zoning Commission met March 6.
Here is the minutes provided by the Commission:
I. Call To Order
II. Pledge Of Allegiance
Chairman Len Vallone led the Pledge of Allegiance.
III. Roll Call And Declaration Of Quorum
Chairman Leonard Vallone called the meeting to order at 6:40 pm
Attendee Name; Title; Status; Arrived:
Scott Lagger Commissioner Absent
Thomas White Commissioner Present
Michael Carruthers Commissioner Present
Kimberly Mitchell Commissioner Absent
Hugh Stipan Vice Chairman Present
Leonard Vallone Chairman Present
Barbara Peterson Secretary Present
Five members were present at roll call. A quorum was declared.
Also present were:
Brian Radner, Director of Development Review
Dawn Tomczak, Building Tech Supervisor, Development Review Division
Janine Ferrell, Planner, Development Review Division
Jessica Gal, Planner, Development Review Division
Pat Cline, Secretary, Development Review Division
Samantha Bluemer, Resource, Recovery & Energy Division
Matt Guzman, Will County State's Attorney's Office
IV. Approval Of Minutes
A. Minutes of February 20, 2018
The Regular Meeting Minutes of the February 20, 2018 Will County Planning & Zoning Commission meeting were presented for review and approval.
There were no additions, deletions or corrections.
1. Motion to approve the Regular Meeting Minutes of the February 20, 2018 Will County Planning & Zoning Commission meeting as presented.
The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
V. Zoning Cases
Commission Secretary Barbara Peterson announced that variance cases would be heard to conclusion by the Commission this evening. Other cases will advance to the Land Use and Development Committee meeting to be held Tuesday, March 13, 2018, at 10:30 AM in this County Board Room.
Chairman Vallone announced the solar farm cases would be heard after the other cases.
1. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-17-051, Woodbridge Properties Inc., Peter Galvin, 100% Interest, Peter Galvin, Agent, Requesting a Zoning Map Amendment from E-2 to A-1, for PIN #18-13-24-300- 008-0000 and #18-13-24-301-011-0000, in Green Garden Township, Commonly Known as Vacant Land on South 80th Avenue, Monee, IL
Chairman Vallone announced the first case to be heard is Zoning Case ZC-17-051, Woodbridge Properties, Incorporated by Pete Galvin. It concerns a map amendment from E-2 to A-1.
Janine Farrell opened discussion of Zoning Case ZC-17-051 which takes place in Green Garden Township. The applicant intends to return the parcel back to its original zoning of A-1. The property was zoned to E-2 back in 2008 with the intention of creating a subdivision. Due to the economy the applicant has decided to re-zone the property to A-1 and create three A-1 parcels.
An aerial photograph was presented of the site.
The parcel is 30.54 acres and consists of two PIN numbers. One is Vacated Lot 8 of Woodbridge Estates, Second Addition which is a portion of a larger parcel which is 36.62 acres. Two and a half acres was divided from that parcel this past February and that remains E-2. The top corner area is to remain E-2 and in order for that parcel to be a compliant E-2 parcel it needs to be combined with the adjoining E-2 parcel to have lot frontage.
The parcel is currently vacant and unimproved.
Staff recommended approval of the requested map amendment from E-2 to A-1.
No objectors were present.
There were no questions or comments from anyone.
2. Motion to recommend approval of a map amendment from E-2 to A-1 zoning for Zoning Case ZC-17-051.
The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
3. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-17-065, Michael A and Abigail Davis, Owners of Record, requesting (V-17-081), Variance for lot frontage from 150 feet to 0 feet, for Pin # 16-05-31-202-001-1003, in Homer Township, Commonly known as vacant property on West Linsey Lane, Lockport, IL
Chairman Vallone announced the applicants for Zoning Case ZC-17-065 are Michael and Abigail Davis. They are requesting a variance.
Jessica Gal stated Zoning Case ZC-17-065 takes place in Homer Township. The applicants are requesting a variance for lot frontage from 150 feet to 0 feet in order to construct a residence on the subject lot. Approval of the variance would bring the parcel into compliance with the Will County Zoning Ordinance.
An aerial photograph of the subject site was presented. The property is part of Cimarron Ridge Condominium. Similar requests have been presented in recent months. Access to the parcel is from Linsey Lane which is a private road that is connected to Schoolhouse Road. The variance is needed since the parcel does not have frontage on a dedicated road.
The applicants purchased the property with the intention of constructing a single family home on it. They did not create the hardship themselves.
There were no objections from anyone.
Staff recommended approval of the requested variance for lot frontage from 150 feet to 0 feet.
4. Motion to approve a variance for lot frontage from 150 feet to 0 feet for Zoning Case ZC-17-065.
The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Hugh Stipan, Vice Chairman
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
5. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-17-069,Michael P. And Bonnie C. Gaffney, Owner of Record, requesting (V-17-092) variance for minimum lot area from 10 acres to 5 acres and (V-17-094) variance for minimum street setback from 100 feet to 65 feet, for PIN # 22-23-31-200-019-0000, in Washington Township, commonly known as 32005 Klemme Road, Beecher, Il
Zoning Case ZC-17-069 is a request for two variances.
Janine Farrell stated Zoning Case ZC-17-069 takes place in Washington Township. The applicants are requesting a variance for minimum lot area from 10 acres to 5 acres and a variance for minimum street setback from 100 feet to 65 feet in order to bring the parcel into zoning compliance.
An aerial photograph was presented.
The parcel is zoned A-1 and is surrounded by A-1 zoned property.
The parcel was created deficient in lot area in 1979. The residence was constructed on the property in 1980. The applicant did not purchase the property until 2015. Staff does not feel the requested variances will alter the essential character of the area.
Staff recommended approval of both variances.
No objectors were present.
There were no questions or comments.
6. Motion to approve a variance for minimum lot area from 10 acres to 5 acres for Zoning Case ZC-17-069.
The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
7. Motion to approve a variance for minimum street setback from 100 feet to 65 feet for Zoning Case ZC-17-065.
The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
8. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-17-071 Chanemcoco LLC; Owner of Property; Charlotte Alyce Andres, 100% Beneficiary, Matt Walsh, GreenbergFarrow, Justin Hardt, Borrego Solar System Inc.; Agents, Requesting a (S-17-015) Special Use Permit for a Major Public Utility, a Solar Farm Facility, for Part of Pin #22-22-14-300-003-0000, in Washington Township, Commonly Known as Vacant Property on East Indiana Avenue, Beecher, IL
Chairman Vallone stated the next three cases are for solar farms. The first two are going to be for Beecher and the third one will be for Manhattan. The first case is ZC-17-071. The applicant is Chanemcoco LLC.
Jessica Gal reminded the Commission January 18, 2018 this year the Zoning Ordinance was updated to include language for solar farms. The applications to be heard this evening were filed prior to that. These cases may have some duplicate language to make sure they are consistent with the Zoning Ordinance. Future cases may have fewer conditions because you don't want to duplicate what's already in the Ordinance.
Chairman Vallone asked will the cases tonight parallel what's in the Ordinance?
Jessica Gal said yes. For the most part. Again, the applicant is Chanemcoco LLC. Charlotte Alyce Andres is 100% beneficiary. The agents are Matt Walsh from GreenBerg Farrow and Justin Hardt from Borrego Solar.
The request is for a special use permit for a major public utility and a solar farm facility. If approved, the applicants intend to construct a 2 megawatt farm facility. The subject property is located at the intersection of south Cottage Grove Avenue and east Indiana Avenue approximately a quarter mile from the eastern boundary of the Village of Beecher.
An aerial of the site was displayed.
The parcel is approximately 72 acres. The special use permit area is 17.23 acres. There is an existing single family residence on the western portion of the property with some existing vegetation.
A plat of survey and site plan were also displayed.
The subject property is zoned A-1 and is surrounded by A-1 zoning.
Staff recommended approval of a special use permit for a major public utility for a solar farm facility with fourteen (14) conditions.
The Chairman asked do all three cases have the same conditions?
Jessica Gal said no. A lot of them are similar but the biggest difference is for landscaping. Staff recommended approval with the following fourteen (14) conditions:
1. Upon fourteen (14) days of written notice to the owner of record and/or operator at their last known address, Will County Land Use Department and Will County Sheriff's Department employees are hereby granted the right of entry in and upon the premises for the purpose of inspection of the premises and uses thereon for compliance with the terms and conditions of this special use permit.
2. The applicant must comply with all requirements of the Will County Division of Transportation and the Beecher Fire Protection District. Approval will be required as part of the building permit and/or site development permit application.
3. Ground mounted solar energy systems shall not exceed 25 feet at maximum tilt.
4. Perennial vegetative ground cover must be maintained or established in all areas containing solar arrays and in required setbacks to prevent erosion and manage run-off.
5. Along the southern boundary of the project site, a landscaped area at least ten (10) feet in width with at least one (1) shrub per five (5) linear feet, plus at least one (1) evergreen tree per twenty-five (25) linear feet of perimeter area must be at least five (5) feet in height at time of planting. A landscape plan shall be submitted at the time of site development permit application for Land use Department approval.
6. Top soils shall not be removed from the site during development.
7. Outdoor lighting is prohibited except for that which is required by code.
8. On-site power lines and utility connections must be placed underground except where necessary to connect to existing overhead utility lines.
9. Any solar farm that has not produced energy for a continuous period of one (1) year or more must be decommissioned and removed within 180 days. The solar farm is to be decommissioned in accordance with the plan submitted at the time of special use permit application, currently on file, with updated costs.
10. The owner and/or operator shall submit a copy of the decommissioning plan to all property owner(s) within the boundaries of the special use permit area. The property owner(s) shall sign affidavits acknowledging receipt of the decommissioning plan and their respective responsibility for decommissioning costs. These affidavits shall be submitted to the Zoning Administrator at the time of building permit and/or site development permit application.
11. Prior to issuance of a site development and/or building permit, the owner and/or operator shall submit a completed Interconnection Agreement or proof of in-process application for an Interconnection Agreement.
12. The owner and/or operator shall submit an operation and maintenance plan of the solar farm within six (6) months of construction completion. The plan shall include detailing measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operation and maintenance of the installation.
13. The owner and/or operator shall submit proof of liability insurance at the time of site development and/or building permit application.
14. The applicant shall submit an emergency services plan, including but not limited to the project summary, electrical schematic and means of shutting down energy systems throughout the life of the installation, within six (6) months of construction completion.
No objections were received from any governmental agencies.
Washington Township sent correspondence recommending approval of the request but noted their concerns regarding landscaping and drainage.
In staff's professional opinion operation of the proposed use will not be detrimental to the health, safety or general welfare of the area.
Commissioner Mike Carruthers stated Zoning Case ZC-17-071 and Zoning Case ZC- 17-072 are in close proximity to one another. How close are they?
Jessica Gal stated they are across the street from one another. Entrances will be right across the street from one another so they will be able to maintain them that way.
Matt Walsh from GreenBerg Farrow stated they are an engineering firm helping Borrego Solar with the engineering on the project. Justin Hardt from Borrego Solar stated staff did a wonderful job explaining the operation but they felt they needed to do a presentation, also. Borrego Solar is an experienced solar developer across the US. They have their office in Chicago. They have solar applications across the states and in the northeast and on the west coast.
Mr. Hardt talked about the different solar applications ranging from residential on single family homes to those of a commercial nature, as well as those located on farms. They look at the size of the property, wetlands. They do title searches. They look at species and do environmental assessments. All this is done before it is ever taken to the Board.
Matt Walsh said they met with Washington Township and did receive approval. They had meetings with the Village of Beecher. Their Plan Commission recommended approval to their Board and the Board recommended approval to Will County. Beecher Fire Protection District provided a letter of support with a couple of conditions. They have a letter of no objection from the pipeline operator to the north.
They have been through the environmental impact phase. IDNR signed off on the threatened and endangered species. The project is under review by the Army Corps of Engineers. They are anticipating a result of no objection from them. As far as historical significance there is a letter of no objection from IHPA. All the drain tiles are mapped. They will re-route and repair any existing drain tiles that are in the project area. This is on a single-axis tracking system so it rotates with the sun throughout the day. The maximum height of the system is plus or minus seven feet (7') tall. There is an anti-reflective coating on these panels so that reduces the amount of glare coming off of them. The posts that are installed are either screwed in or driven into the ground so there is very little concrete associated with these projects. There is a transformer pad and an inverter in the center of the site which they have strategically located. It is the only concrete proposed for the site and is very small. It is in excess of 375 feet from the nearest property line. They have done some analysis on this to confirm that it won't be any louder than the ambient noises out there currently.
Beecher Fire Protection District recommends that the access driveway be widened to 18 feet. The applicant is currently proposing fourteen feet (14'). The applicant intends to comply. There is a seven foot (7') chain link fence proposed with no barbed wire around the perimeter of the site. There is an access road. Along the driveway there are a series of poles that are necessary to connect to the ComEd power lines that are along Indiana Avenue. There are transmission lines just east of the site. These poles will be smaller than those structures.
Very little grading is proposed for this project. Less erosion is anticipated than what occurs with row crops. The landlord and the tenant farmer will continue to farm around the perimeter of the site so they feel minimal screening will be necessary. During de-commissioning everything on the site can be removed with little difficulty. There are about two-hundred and thirty-thousand (230,000) acres of farmland in Will County in 2007. These approximately fifteen to seventeen acre sites take up very little farmland that is in production is not even one hundred of one percent in the County. So it has very little impact.
Construction time frame is approximately four to six months. Construction would likely begin in 2019. As far as truck traffic, during construction there are one to two trucks that make deliveries per the day and the maximum truck weight is 80,000 pounds, which is just a typical semi. Regarding operations and maintenance the site is remotely monitored. The system is maintained by mowing several times during the year. Surrounding communities will benefit from the tax incentives from these projects by the increased tax base. Entities will benefit from these tax dollars while these facilities do not use schools or libraries. Several studies regarding renewable energy indicate there is no adverse impact on property values of adjacent lands. Matt Walsh asked if anyone had any questions.
Chairman Vallone said you mentioned the pilings were screwed into the poles. How far do they go in?
Matt Walsh said they are roughly seven feet (7').
Vallone said and a minimal amount of concrete?
Mr. Walsh said as of right now there's no intention.
Chairman Vallone said so in case of drainage tile you will re-route it.
Mr. Walsh said that's correct.
Chairman Vallone talked about peaker plants previously brought into Will County. When Mr. Walsh made statements regarding this having tax incentives he asked Matt Walsh how is this being assessed?
Mr. Walsh said it is currently in the assessor's office and they are trying to determine an assessment line; similar as to how wind is being assessed. It takes the fair market value and then it multiplies by what the assessment would be.
Vallone said so what you're saying is the assessor is taking a look at this based on other statewide solar farms.
Walsh said that's correct.
Chairman Vallone asked Mr. Walsh does he see these solar panels lasting the twenty or thirty years or does he see tham needing to be replaced.
Walsh said currently these models they are using are classified as tier 1 so they are currently warranted for twenty-five years. So if anything goes wrong with it in the twenty-five years they would swap that out on these types of installations if a panel goes bad. But the intention is that the life of these panels should align with the lease term.
Vallone asked about possible upgrades to offsite transmission lines.
Walsh said it is currently under review with ComEd's review process. His idea is that there will be upgrades. There is three phase line along the road to be able to put that to the grid. ComEd is reviewing those lines. Mr. Walsh said they are in phase two of the three phase study.
Vallone asked how close are you to the main transmission lines?
Walsh said actually we are not connecting to the transmission line. It's into the distribution system. Also, the lines are along east Indiana Avenue they will be connecting to.
Barbara Peterson asked do you know what they're going to do with this excess electricity? It's pushed to ComEd and then they sell it? So once you've taken the electricity off of these panels it relieves you of your responsibility for the electricity itself?
Mr. Walsh responded correct and there's a mechanism how Illinois is structured. The program this is in is called the adjustable watt program. It's a statewide program. Three utilities are participating in this state incentive. It will most likely be used by those next to the system. As part of the program it is also their responsibility to find subscribers.
Mrs. Peterson commended Mr. Walsh on going to the Township and the Village. She asked him if there were many people there.
Mr. Walsh said there were.
Mrs. Walsh said the drain tiles effect the people who live around there and she thanked him for the due diligence they are taking regarding the drain tiles.
No objectors were present.
9. Motion to approve a special use permit for a major utility/solar farm facility for Zoning Case ZC-17-071 with fourteen (14) recommended staff conditions.
Roll Call Vote: Carruthers, Peterson, Stipan, White and Vallone voted "yes." Motion carried unanimously.
Result: Approved [Unanimous]
Mover: Michael Carruthers, Commissioner
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
10. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-17-072, Chanemcoco LLC; Owner of Property; Charlotte Alyce Andres, 100% Beneficiary, Matt Walsh, GreenbergFarrow, Justin Hardt, Borrego Solar System Inc.; Agents, Requesting a (S-17-016) Special Use Permit for a Major Public Utility, a Solar Farm Facility, for Part of Pin #22-22-23-100-001-0000, in Washington Township, Commonly Known as Vacant Property on East Indiana Avenue, Beecher, IL
Chairman Vallone announced Zoning Case ZC-17-072 is a request for a special use permit for a major utility/solar farm facility. The applicant is Chanemcoco LLC. Charlotte Alyce Andres is 100% beneficiary. He asked Jessica Gal from staff to open discussion of the case.
Jessica Gal stated Zoning Case ZC-17-072 is the site just south of ZC-17-071. It is similar in size, orientation and location to the case previously heard. This parcel is 117.40 acres in size. However, the project area will occupy approximately 17.52 acres of the parcel. The remainder of the parcel will remain in agricultural production.
An aerial photograph was displayed.
The subject property is zoned A-1 and is surrounded by A-1 zoning. There is a row of residential uses located on South Cottage Grove Avenue. They are residences associated with those agricultural uses as well as some agricultural buildings.
Staff recommended approval of the special use permit for a major utility/solar farm facility with fifteen (15) conditions. There is an added condition due to the residential uses. This is with regard to additional landscaping. All the rest of the conditions are consistent with those associated with Zoning Case ZC-17-071.
Jessica Gal read the conditions that pertain to landscaping.
Condition Number 5 states: 5. Along the northern boundary of the project site, a landscaped area at least ten (10) feet in width with at least one (1) shrub per five (5) linear feet, plus at least one (1) evergreen tree per twenty-five (25) linear feet of perimeter area must be provided. Shrubs must be at least three (3) feet in height at time of planting. Evergreen trees must be at least five (5) feet in height at time of planting. A landscape plan shall be submitted at the time of site development permit application for Land Use Department approval.
Number 6. Along the southern and western boundary of the project site, a landscaped area at least ten (10) feet in width with at least one (1) shrub per five (5) linear feet, plus at least one (1) evergreen tree per twenty-five (25) linear feet of perimeter area must be provided. Shrubs must be at least three (3) feet in height at time of planting. Evergreen trees must be at least five (5) feet in height at time of planting. A landscape plan shall be submitted at the time of site development permit application for Land Use Department approval.
Both cases were heard by the Washington Township Board. They recommended approval. They had two areas of concern; one dealing with site run-off/drainage and landscaping. Two landscaping requirements have been incorporated as conditions of approval for the special use permit.
Matt Walsh stated they met with local agencies and received their support. The landscape that is recommended along the frontage; again this is across the street from the solar system. It doesn't really provide much value in addition to the landscape that is recommended along the west and south. It's set back quite a distance from the residential. Over 1200 feet and it's going to be farmed between the system and that particular residential use. So again, they don't feel that landscape with shrubs and trees is going to provide much value.
In addition, poles along the frontage are preferred by ComEd and are in character with the area. The transformer is proposed over 375 feet from the nearest property line so the ambient noise will be minimal.
Chairman Vallone pointed out that when the crops aren't there the additional landscaping makes it more appealing for the people that live in the area and the people that drive by. That's whey we recommend they have that as a condition.
Mr. Walsh suggested an alternative to the shrubs might be to add slats in the fence that might be a more attractive option. The fence is 7' tall so you would have a solid screen fence as opposed to some shrubs that he believes are 3' tall.
Chairman Vallone said they would take that into consideration.
Commissioner Barbara Peterson didn't like the idea of a fence and said the landscaping staff is proposing in the farm fields might be more advantageous than the fencing to these sites.
Samantha Bluemer is the Energy and Conservation Specialist for the Will County Land Use Department's Resource, Recovery and Energy Division. Sam stated she and Mark Schneidewind from the Will County Farm Bureau are working on a Best Practices Manual to address the drainage of field tile situation that will include measures for working with local field tile repair companies entering the mapping of the field tiles into the County GIS and so forth. The Illinois Department of Agriculture is also working on an Ag Mitigation Plan for commercial solar that will be shared with this Commission upon completion.
11. Motion to approve a special use permit for a major utility/solar farm facility for Zoning Case ZC-17-072 with fifteen (15) conditions.
The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
12. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-18-001, Elizabeth Nelson, Owner of Record, requesting (V-18-001) variance for minimum lot area from 10 acres to 6.007 acres and (V-18-003) variance for minimum side yard setback from 50 feet to 21 feet, for PIN # 20-21-29-400-007-0000, in Will Township, commonly known as 5952 W. Kennedy Road, Peotone, Il
Zoning Case ZC-18-001 is a request for two variances. The property is located in Will Township. The applicant is requesting a variance for minimum lot area from 10 acres to 6.007 acres and a variance for minimum side yard setback from 50 feet to 21 feet. The property is known as 5952 W. Kennedy Road, Peotone. The purpose of the request is to bring the parcel into zoning compliance.
An aerial image was presented.
The property is zoned A-1 and is surrounded by A-1 zoning.
Staff recommended approval of both variances.
Chairman Vallone asked is this in the South Suburban Airport Planning Area?
Janine Farrell stated no.
13. Motion to approve a variance for minimum lot area from 10 acres to 6.007 acres for Zoning Case ZC-18-001.
The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
14. Motion to approve a variance for minimum side yard setback from 50 feet to 21 feet for Zoning Case ZC-17-001.
The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Hugh Stipan, Vice Chairman
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
15. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for Zoning Case ZC-18-002, Manhattan Farm, LLC; Joyal Akkawi, 100% Interest, Matt Walsh, GreenbergFarrow, Agent, Justin Hardt, Borrego Solar System Inc., Requesting (S- 18-001) Special Use Permit for a Major Public Utility, a Solar Farm Facility, for PIN #14-12-32-300-009-0000, in Manhattan Township, Commonly Known as 27555 S. Gougar Road, Manhattan, IL
Chairman Vallone announced Zoning Case ZC-18-002 is a request for a special use permit for a major utility/solar farm facility by Manhattan Farm, LLC. Joyal Akkawi is the owner.
Janine Farrell stated Zoning Case ZC-18-002 takes place in Manhattan Township. The applicant is proposing a 2 megawatt facility and it will take up approximately 14.87 acres of the 74.33 acre, A-1 zoned parcel. The parcel is surrounded by A-1 parcels except for some A-2/residential parcels to the south.
Comments were received from the Will-South Cook Soil & Water Conservation District, Will County Health Department, FAA, IDNR, the Village of Manhattan and the Manhattan Fire Protection District. None of those agencies had any objections. The Manhattan Fire Protection District did request that training be provided to their employees at the site.
The Manhattan Township Planning Committee heard the case on February 1st and the full Board heard the case on February 13th. A letter from Manhattan Township was handed out to the Commissioners. They recommended approval and they also noted some concerns outlined in the letter.
It is staff's opinion that the requested special use will not be detrimental to the public's welfare or injurious to the uses of properties in the area. Conditions have been added, specifically with regard to landscaping to ensure the properties to the south are screened from the solar farm site. These conditions are similar to those of ZC-17-071 and ZC-17-072.
Janine Farrell read Condition 4 that states, "Along the southern boundary of the project site which contains ground-mounted equipment, including solar panels, a landscaped area at least ten (10) feet in width with at least one (1) shrub per five (5) linear feet, plus at least one (1) evergreen tree per twenty-five (25) linear feet of perimeter area must be provided. Shrubs must be at least three (3) feet in height at time of planting. Evergreen trees must be at least five (5) feet in height at time of planting. A landscape plan shall be submitted at the time of site development permit application for Land Use Department approval."
Landscaping is also mentioned in condition number 5. That pertains to road frontage.
On January 18th of this year the Will County Board approved Zoning Ordinance updates and part of those included that if the site is within a thousand feet of any residential structure or within the road these landscaping conditions would be enacted.
Chairman Vallone said in regards to Manhattan Township's request it looks like most of them are already covered but the last two, about the distance to be wide enough for the farmer to continue to plant the field, was that covered? The other one was with regard to an agreement with the applicant and the Township Highway Commissioner.
Janine stated as part of the building permit and site development permit process we require the Township Road Authority, Township Highway Commissioner to approve their plans. That is something that would be addressed not specifically under the special use but under the permitting process. Janine Farrell deferred the question regarding how much area is needed for the farmer to be able to plant there to the applicant.
Matt Walsh stated there are quite a few pipelines that run through the property so they are in the process of getting approval from those authorities. In addition, they met with the abutting neighbor to the south. At the Township Board meeting the discussion was brought up whether or not to include landscaping to screen the adjacent neighbor. The adjacent neighbors stated at that time they would rather look at the agricultural fields. So they are trying to maximize the amount of land between the system and the property line to allow the farmer to farm that. So there is at a minimum a hundred and twenty feet between the fence and the system, assuming that landscaping should be planted there; that should be more than enough room for the farmer to get his equipment in there and farm that area if he chooses to.
Matt Walsh said since the panels will be set so far back he doesn't know if the landscaping in the front will add that much value. The driveway here will be fourteen feet (14') wide. The Fire Protection District had indicated they need anything wider than fourteen feet. There are a series of overhead utility poles to connect to the grid. Location of the system is limited due to wetlands and pipelines on the site.
Jim Walsh who is the Manhattan Township Supervisor apologized for not getting their report to staff in time for it to be put in the staff report. Janine indicated their report had been distributed to the Commissioners. Manhattan Township did vote to approve it. Most of the things in the report seem pretty normal. One of the things states that all rules with regard to solar farms in the Ordinance must be adhered to. One of those that's in here is that the foliage and the plants and stuff around. We did discuss at the Township meeting and Mr. Wright, Mr. And Mrs. Wright are here tonight. They are right up against this. He said at the time that he hoped they could farm around that and Mr. Walsh thinks they should be able to keep farming that.
Matt Walsh said they are in excess of 120 feet.
Mr. Walsh said he thought the shrubs could be put around it and not effect the farm thing. So if that's possible they would like to stay with that. Concerns for field tiles has been addressed. Normal drainage over the property should not be disrupted. Mr. Wright has his service underground and he would like to know if it's possible to have these wires underground run to the road, if that's possible? They haven't come to an agreement with the Road Commissioner yet but they have been talking to him. The gentleman talked about pipelines. Is that absolutely not possible?
Chairman Vallone said they would have Mr. Walsh answer that afterwards.
Jim Walsh said and one other thing they are concerned with is the de- commissioning. That's a big deal to us. On Will County Planning and Zoning Commission it says on there that the owner and/or operator shall continuously maintain a financial guarantee in the form security approved by the Will County State's Attorney's Office for the period of the life of the facility. Once that is de- commissioned or in five years they just up and leave we have no way to hold them to that.
Chairman Vallone said Janine will talk about that and also about the plantings. Are the plantings at the property line or actually along the equipment?
Janine said with regard to the de-commissioning and the financial surety; that was something that had really been looked at and investigated in Crete. It is something the County Board decided they did not want to do. With these solar farm proposals and with the Zoning Ordinance Update in January, we're not requiring any sort of financial surety with respect to the de-commissioning. We require a copy of the Plan and estimates of the cost but Land Use staff, the State's Attorney; no one is involved with holding any kind of a bond or anything like that in respect to de-commissioning. That is something that could be conditioned onto the special use permit but with Jessica's cases and this case that is not something we are recommending either.
Chairman Vallone said so in twenty years or forty years the lease is up they could walk away from it and leave that equipment there?
Janine said within the lease agreement the developers have with the property owners there is de-commissioning spelled out who's responsibility it would be. We have a plan associated with it but at the time of the Zoning Ordinance Update the County Board felt this was more of a private property matter and it's not something the County should be directly involved in holding a bond and taking on this work.
Chairman Vallone asked has the County reviewed that and know that it's in there? Has the County reviewed this particular lease to see those de-commissioning efforts are in there? Who's responsible for what?
Janine said we have a copy of the lease and it does specify the lease agreement and de-commissioning, as well.
Chairman Vallone said in this particular case and future cases I think when these cases come before the County I think and this is my humble opinion that should be clarified to the leaseholder that responsibility is between them and the lessee and it's not going to be the landowner that the County's not responsible. Is that being clarified with the applicants? Chairman Vallone asked if it is being made clear to the applicant that the lease agreement is between them and the lessee and the County has nothing to do with it?
Janine said yes. So within the actual redactive lease copy that we got it specifies whose responsibility is the de-commissioning and it's just part of their agreement between the property owner and the developer that they will take down this site after "x" amount of years; whenever the lease term is for.
Chairman Vallone said as long as the County is advising them of that I'm okay with that.
Janine said that's also beneficial to the property owner to ensure they have an agreement to make sure they have it removed and removed appropriately.
Chairman Vallone asked about the foliage. Is it along the property line or is it within "x" amount of feet from the equipment? They're saying they are okay with it being within "x" amount of feet of the equipment. How is it spelled out here? Is it along the property line or along the equipment?
Janine said it would be along the special use area so the equipment area, the solar panel facility, just because these parcels are so large we wouldn't require the entire property line. Just for the special use area.
Vallone said there's a setback of a hundred and twenty feet. Are the shrubberies along the equipment or are they along the property line?
The applicant indicated it was going to be along the equipment.
Jim Walsh asked when they're talking about this de-commissioning who's this lease agreement going to be between?
Vallone said the property owner and who they're leasing the property to.
Jim Walsh said so the County doesn't feel they should get involved in this and the one reason I brought this up is a couple years ago we had one of these towers just north of town and it was like 300 feet tall. It got put in at least twenty years ago with several satellite dishes on it and it's on a big hunk of concrete. It also had a concrete building with it. In twenty years it lost its use and the company that put it up and paid the taxes on it literally just walked away. This man had this tower sitting there and no way to get rid of it. Is there some way we could get them to put up some sort of a bond?
Hugh Stipan asked Mr. Walsh how he would feel as the Township Supervisor if the Township had to take responsibility for that?
Jim Walsh said I don't want to.
Hugh Stipan said it should be between the landowner and there should not be government involvement.
Barbara Peterson stated I'll lay you odds the property owners that don't live there aren't going to care about it.
Samantha Bluemer said I just want to make everyone aware that we do provide best management practices for these land leases on our Will County Solar Source Webpage for our residents. We also provide a credible link to legal council which offers specific advice to folks engaged by developers. As far as de-commissioning sureties go they can certainly be requested on an individual basis by the landowner. If somebody were to walk away from a project and they had a contractual agreement they could take legal action for de-commissioning of that system and the County does have the right to de-commission a system if it is not operational for a period of twelve months or more.
Chairman Vallone said he would have the applicant respond to Mr. Walsh's question about de-commissioning.
Matt Walsh said there was another point that was brought up about underground lines. The reason why it was recommended was BP's recommendation was due to the ability for them to remove the pipeline if they choose to is one of the reasons why they can't build on it. They would have to be able to have access to cross it without disruption to their electrical equipment. An AC/DC analysis has been performed per these lines and underground lines would effect that test. Which is an electrical interference test between equipment and a pipeline. It was BP's recommendation that these would have to be above ground instead of being underground.
Vallone said what about the de-commissioning. Was that something that was put into the lease?
Matt Walsh said all the cases you heard tonight have de-commissioning language. He first presented a de-commissioning plan that expresses the cost of what it would take to remove the system and the saleable value for that. That was provided and you will see that the saleable value eliminates or comes close to a zero dollar value cost to actually take these out. One of the reasons in the types of installations that we use is there is no concrete. One of the reasons why we hesitate to have shrubs is because we are obligated contractually to remove everything we put on the system. So they are a little bit cautious when things are added to conditions because they will ultimately have to remove it. Trees are one of those things they would have to remove but if it's a condition they will comply with it.
Chairman Vallone told Jim Walsh what he is saying is that because BP has to have access to their pipelines, if necessary, they recommend the power lines be above ground. As far as de-commissioning it's already in the language that they will have to remove the equipment when they're done with the site.
Jim Walsh said Mr. Wright just told me that the Trinity Home next door has underground service, also, and they went under the pipelines.
Vallone said I'm not an electrician but I think home electrical wires are a lot different than these power transmission because they are going to carry a lot more electricity.
Matt Walsh said you're exactly right. Technically, yes, you can go underground. The depth is significant and if you did build in that direction it would have to be encased in concrete. So there are significant technical hurdles to protect the pipeline. There would have to be significant improvements to our pipelines.
Discussion followed about location of the power lines.
Janine Farrell read condition number 8 that states the following, "8. On-site power lines and utility connections must be placed underground except where necessary to connect to existing overhead utility lines."
Chairman Vallone said he doesn't think they need to amend it.
George Woodward asked is there any place to see one of these panels available close at hand that he can go and look at?
Samantha said there is one about sixty times the size of what this would be but there is a solar farm in LaSalle County in Streator, Illinois. Grand Ridge Solar Farm.
Mr. Woodward asked can I get the address from you?
Samantha said absolutely.
Vallone said there is one going up in Crete. I don't know if it's up yet.
Matt Walsh said there are differences. The fence is much higher and it's barbed wire. The system is sixty times larger like Sam mentioned. That one is in the wholesale and not in the distribution market. So they have constructed a separate sub-station which these systems do not have that. Lastly, the system type is different. This system in Grand Ridge is a fixed system while these are a tracking system.
16. Motion to approve a special use permit for a major utility/solar farm facility with fourteen (14) conditions for Zoning Case ZC-18-002.
Roll Call Vote: Carruthers, Peterson, Stipan, White and Vallone voted "yes." The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Hugh Stipan, Vice Chairman
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
17. Will County Planning And Zoning Commission Notice Of Variance Amending The Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as amended, for Case ZC-18-004, High McGonagle, Owner of Property, requesting (V-18-006) Variance for lot frontage from 150 feet to 0 feet, for Pin # 16-05-31-202-001-1008, Homer Township, commonly known as Lot 8 on vacant property on West Linsey Lane, Lockport, IL
The applicant is requesting a variance for lot frontage from 150 feet to 0 feet in order to bring the parcel into compliance with the Will County Zoning Ordinance. The subject parcel, Lot 8, is also part of Cinnamon Ridge Condominium. The present owners are not responsible and did not create the hardship. The property owners would like to construct a single family home and a detached garage.
The proposed request will not have a negative impact on the surrounding area. Cinnamon Ridge Condominium has been in existence for twenty-five years. The proposed use is similar and compatible with other uses in the vicinity.
Staff recommended approval of the request.
Chairman Vallone said he thought about twenty-five years ago when this subdivision was first started they were advertising energy efficient solar homes. He's pretty sure it's the same because there aren't that many streets like that along Gougar Road. Chairman Vallone said it's good to see they are building on this property again.
18. Motion to approve a variance for lot frontage from 150 feet to 0 feet for Zoning Case ZC-18-004.
The motion carried unanimously 5-0.
Result: Approved [Unanimous]
Mover: Hugh Stipan, Vice Chairman
Seconder: Thomas White, Commissioner
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
VI. Other
VII. Executive Session
VIII. Announcements
IX. Adjournment
1. Motion to adjourn the meeting.
The motion carried unanimously 5-0.
The meeting was adjourned at 8:23 pm.
Result: Approved [Unanimous]
Mover: Thomas White, Commissioner
Seconder: Michael Carruthers, Commissioner
Ayes: White, Carruthers, Stipan, Vallone, Peterson
Absent: Lagger, Mitchell
2. Next Meeting wll be on April 3, 2018
X. Visit www.willcountylanduse.com to view agendas and staff reports
https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2928&Inline=True
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