Will County Land Use and Development Committee met June 12.
Here is the minutes provided by the Committee:
I. Pledge Of Allegiance
Chairman Tom Weigel led the Pledge of Allegiance to the Flag.
II. Call To Order And Declaration Of Quorum
Chair Tom Weigel called the meeting to order at 10:35 am
Attendee Name; Title; Status; Arrived:
Tom Weigel Chair Present
Judy Ogalla Vice Chair Present
Steve Balich Member Present
Mark Ferry Member Present
Laurie Summers Member Present
Denise E. Winfrey Member Present
Debbie Militello Member Present
The roll was called. A quorum was declared.
Staff Present were:
Brian Radner, Director of Development Review
David Dubois, Interim Director & Director of Administration & Planning
Dawn Tomzcak, Administrative Assistant & Building Tech Supervisor Development
Review Division
Pat Cline, Secretary, Development Review Division
Matt Guzman, Assistant State's Attorney
III. Approval Of Minutes
1.WC Land Use & Development Committee - Regular Meeting - May 8, 2018 10:30 AM
2.The Regular Meeting Minutes of the May 8, 2018 Land Use & Development Committee Meeting were presented for review and approval.
There were no additions, deletions or corrections.
2. Motion to approve the Regular Meeting Minutes of the May 8, 2018 Land Use & Development Committee Meeting as presented.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Laurie Summers, Member
Seconder: Mark Ferry, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
IV. New Business
1.Appeal of Planning and Zoning Commission Decision (APCD-18-001) for Denial of Variances for Tyler Jabaay, Owner of Record, for PIN # 22-23-17-100-031-0000, in Washington Township, Commonly Known as 29822 South State Line Road, Beecher, IL
(Janine Ferrell)
The Chairman stated he has been told this needs to be removed from our agenda. The Planning & Zoning Commission reheard this but they haven't notified the petitioner and he has not confirmed that he wants to appeal it at this time. He asked for a motion to remove this from the agenda.
2. Motion to remove Appeal of Planning and Zoning Commission Decision (APCD- 18-001) from the agenda.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Judy Ogalla, Vice Chair
Seconder: Mark Ferry, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
3. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for zoning case ZC-18-026, Alex J. Kozlowski, Owner of Record, requesting (S-18-011) Special use permit for the keeping of horses/farm animals/livestock, for Pin # 23-16-17-300-007-0000, in Crete Township, commonly known as 25160 S. Stateline Road, Crete, IL
(Janine Farrell)
The Chairman announced Zoning Case ZC-18-026 is a request for a special use permit. He asked staff for an update.
Zoning Case ZC-18-026 takes place in Crete Township. The applicant is requesting the special use permit in order to keep horses, animals and other livestock on the property. The property is zoned R-1 and this use would require a special use permit.
The case was heard June 5th at the Planning & Zoning Commission. There were no objectors present. The Planning & Zoning Commission unanimously recommended approval of the request with one (1) condition: 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 inspecting the premises and uses thereon for compliance with the terms and conditions of this special use permit.
4. Motion to approve a special use permit for the keeping of horses/farm animals/livestock; including the one (1) staff condition.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Judy Ogalla, Vice Chair
Seconder: Mark Ferry, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
5. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for zoning case ZC-17-054, Theresa Frattini, Owner of Record, Timothy McGrath, McGrath & Clark, P.C., requesting (M-17-007) map amendment from C-2 to R-5, (V-17-071) Variance for lot size from 10,000 square feet to 6,308 square feet, (V-17-072) Variance for lot frontage from 70 feet to 46.54 feet, and (V-17-084) Variance for rear yard setback from 25 feet to 11.4 feet (residence) for
(Jessica Gal)
The Chairman announced Zoning Case ZC-17-054 is a request for a map amendment from C-2 to R-5. He asked staff for an update on the request.
Zoning Case ZC-17-054 is located at 1427 and 1429 E. Cass Street, Joliet Township. Both ZC -17-054 and ZC-17-056 are the same applicant and they are represented by Attorney Timothy McGrath. The applicant owns both properties. It is currently zoned commercial. It is not used for commercial. It is improved with two single family residences.
The applicant intends to re-zone the property. Variances were approved at the Planning & Zoning Commission. Approval of the requested map amendment to R- 5 will bring the property into zoning compliance.
6. Motion to approve a map amendment from C-2 to R-5 for Zoning Case ZC-17- 054.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Denise E. Winfrey, Member
Seconder: Steve Balich, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
7. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for zoning case map amendment ZC- 17-056 Theresa Frattini, Owner of record, Timothy McGrath, McGrath &Clark, P.C., Attorney, requesting (M-17-008) Map Amendment from C-2 to R-5, (V-17- 073) Variance for lot area from 10,000 square feet to 6,225 square feet, (V-17- 074) Variance for street setback from 30 feet to18.8 feet, (V-17-075) Variance for side yard setback from 5 feet to 0.8 feet
(Jessica Gal)
The Chairman stated Zoning Case ZC-17-056 is also a request for map amendment from C-2 to R-5.
Staff stated this is an adjacent property also owned by the same applicant as ZC- 17-054. Same owner. Same attorney.
July Ogalla said so we're going down from 5 foot down to less than a foot on the side yard. She is assuming the side yard is attached to the same so that's why we want to go to such a small amount?
Jessica stated the variances were approved at the Planning & Zoning Commission so this Board only approves the map amendment. The variances were addressed for existing structures.
No objectors were present.
8. Motion to approve a map amendment from C-2 to R-5 for Zoning Case ZC-17- 056.
The motion carried unanimously 7-0.
Result: Approved [Unanimous]
Mover: Denise E. Winfrey, Member
Seconder: Steve Balich, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
9. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended, for zoning case ZC-18-016, Carol J. Palmer Living Trust, Owner of Record; Carol Palmer, 100% interest, Ken and Carol Palmer, Agents, Thomas Osterberger; Kavanagh, Grumley & Gorbold, LLC., Attorney, requesting (S-18-007) Special use permit for the keeping of more than six (6) companion animals (animal care/boarding, for Pin # 10-11-16-300-011- 0000, in Jackson Township, commonly known
(Jessica Gal)
The Chairman announced Zoning Case ZC-18-016 is a request for special use permit for the keeping of animals.
Zoning Case ZC-18-016 takes place in Jackson Township on Munch Lane. The applicants are Carol and Kenneth Palmer. They are represented by Thomas Osterberger. They are requesting a special use permit to keep more than 6 companion animals to operate an animal rescue.
The property is being developed with a single family residence.
On June 6th, the Elwood Village Board heard the request and recommended approval with two added conditions:
1) That the applicant not be allowed to have more than fifteen (15) dogs and
2) That the dogs be kept indoors from 10:00 PM to 6:00 AM.
One of the staff conditions states that the animals must be kept indoors overnight. If the Committee wants to specify hours they can. Staff's other condition reads no more than fifteen (15) companion animals including cats and dogs.
The applicant has requested that we exclude cats from that calculation which would indicate an unlimited number of cats. The applicant provided some evidence of noise levels for review. He is requesting for cats to be excluded.
The Chairman stated staff has given us a memo to add condition number 5 "no more than fifteen (15) dogs may be kept and cared for. This includes dogs privately owned by the applicant.
Jessica stated that is the applicant's suggested condition. That does remove cats entirely from being regulated.
Tom Osterberger stated his client has a handful of house cats that don't go outside. They are just looking not to hurt that number because of house cats. If you wanted to add a number of ten (10) cats that would be acceptable.
Judy Ogalla said so the rescue is just dogs?
Tom Osterberger said correct.
Judy said but we don't have to put a limit on cats. He's A-1. He lives in a rural area. Judy said she knows people dump cats all the time and she winds up with a various amount of cats on her farm from time to time. If he just has pet cats why do we want to limit cats, at all. If it was a cat rescue maybe that would be different. We don't want thirty or fifty cats next to us.
Tom Osterberger said the special use would then limit the number of dogs to fifteen (15) and then be silent on cats.
Staff felt it might be helpful if they want to limit the number to fifteen (15) companion animals. That way the applicant could operate a cat rescue if that was his desire.
The Chairman said let's say fifteen (15) dogs and fifteen (15) cats.
Tom Osterberger said that would be great.
10. Motion to amend Condition Number Five (5) to include fifteen (15) dogs and fifteen (15) cats for Zoning Case ZC-18-016. The motion carried unanimously 6-1.
Result: Approved [6 To 1]
Mover: Steve Balich, Member
Seconder: Laurie Summers, Member
Ayes: Weigel, Balich, Ferry, Summers, Winfrey, Militello
Nays: Ogalla
11. Motion to approve a special use permit for the keeping of fifteen (15) dogs and fifteen (15) cats for Zoning Case ZC-18-016, as amended.
The motion carried 6-1.
Board Member Ogalla said I don't believe there should be a restriction on cats.
Result: Approved [6 To 1]
Mover: Steve Balich, Member
Seconder: Debbie Militello, Member
Ayes: Weigel, Balich, Ferry, Summers, Winfrey, Militello
Nays: Ogalla
12. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended Zoning Case ZC-18-009, Richard E. McHugh Declaration of Trust, Owner of Record; Richard T. McHugh, Terrence R. McHugh, Brien J. McHugh, and Michael J. McHugh Revocable Trust each 25% beneficiaries Agent: Michael Borkowski, Community Power Group, LLC, requesting a (S-18-003) Special use permit for a solar farm, for Pin # 14-12-35- 300-002-0000, in Manhattan Township, commonly known as
(Janine Farrell)
The Chairman announced Zoning Case ZC-18-009 is a request for a solar farm.
Zoning Case ZC-18-009 is located in Manhattan Township. The applicant is Michael Borkowski, Community Power Group, LLC. The applicant is proposing to construct a two megawatt solar farm facility. The special use area is 22.54 acres of a 70.13-acre site located at S. Kankakeet Street, Manhattan, Illinois.
No objectors appeared at the Planning & Zoning Commission public hearing on June 5th. One neighbor spoke out about the project but did not object to it.
No governmental agencies notified of the request had any objections to the request.
The Planning & Zoning Commission recommended approval of the special use permit with twelve (12) conditions as did staff.
The Committee Chairman asked for an update from Samantha Bluemer, Energy Conservation Specialist with the County's Resource, Recovery & Energy Division.
Samantha Bluemer said this will cover the three solar farms being presented for your review today. Recently, we had a trio of solar farm bills passed through our Congress. Those bills addressed a lot of concerns that objectors have stated regarding all three of these solar farm special use permit applications.
The State will now require all solar farm developers to provide a de- commissioning assurety to the County or Municipality. We don't have to condition it. It will be a requirement of the State. Also, there's a specific process outlined for how to repair a damaged drain tile. The Illinois State Law already sets out that if you damage a drain tile you have to fix it. This particular piece of legislation outlines what the steps are in the process to properly repair that tile.
It also addresses de-commissioning. How the system should properly be de- commissioned.
Another piece of legislation talks about the assessment value. People were worried if the developer walks away what is the landowner left with? We have the de-commissioning bond in place and then also solar farm facilities will also be assigned their own PIN number. So the existing land has a PIN; the facility has a PIN number.
So let's say the developer decides not to pay taxes; there will not be a lein on that landowner's PIN number for those back taxes. The County would have the right to go in and de-commission using aforementioned beneficiary that would be provided through de-commissioning surety.
The Illinios Farm Bureau is an advocate of this legislation. They thoroughly reviewed it and said under these conditions using an AMA every developer has to submit an Agricultural Impact Mitigation Agreement for every project to the Department of Agriculture for review before they can start construction. This is a proper use following these guidelines. Our Illinois Farm Bureau took special care to look at how soil will be treated, how the land will be treated. Once that system is removed all the land goes back to an agricultural zoning assuming that it is still going to be used for farm purposes.
There is also a "Pollinator Friendly Bill" that gives developers the incentive to take extra care in the vegetation choice they make for the plantings under and around the solar system such that there aren't any weed mixes that might impact neighboring properties. This also encourages our local species to thrive in that area.
There was some discussion at the PZC meeting regarding noise. A study done by a University, not by a developer, says that when you are standing next to the transformer or inverter; these are the two pieces of equipment that are going to make any kind of noise because they have fans or they're generating electricity. So when you're standing right next to it or five feet away it's 65 decibels. Samantha said if she were talking to Jessica that would be about 65 decibels. For every foot you move away from that piece of equipment the decibel level audibly for humans decreases by.15 decibels. If we want to determine what the noise pollution would be for a nearby property we can calculate that distance and by the time we're at your front door the decibel level is "X". The legislation has been passed. It's just waiting signature.
Some of the concerns expressed have been addressed by this legislation. Regarding assessments staff did speak with Rhonda Novak the County Assessor and she clarified that the assessment value for each one of these solar facilities per megawatt is $218,000.00. Sixty-four percent approximately in Will County property tax revenue goes to school districts. So for a two megawatt facility about $270,000.00 would be going to the local school district in which that facility is built. That is to address any concern on the part of the Committee of what the benefit is going to be to the community.
Judy Ogalla said so the amount of money from the two megawatt community solar farm would be $270,000.00 per community solar farm?
Samantha said so that is the tax revenue, the amount of money going directly to the school district. Obviously, if we have a two megawatt solar system that's $436,000.00 dollars in tax revenue. Sixty-four percent of that or $279,040.00 will go directly to the local school district.
Judy Ogalla said when we're all assessed at whatever amount we pay a specific amount. So my assessment is what I'm taxed on. So if I'm taxed on $400 and whatever you said the amount that would go to the school district would be less because it's whatever the rate is for that amount.
Samantha said that is correct. We're waiting for our legislators to determine exactly how that's going to be laid out. They have about two months to do so. So that value will be clarified. Samantha said the point I am trying to provide to the Committee is that a substantial amount of that tax revenue sixty-four percent what is paid; all we have right now is the assessed value so we'll wait and see what that actually looks like in terms of dollars and cents when the check is written. But sixty-four percent of all tax revenue will go directly to that respective school district.
Judy said that's a significant increase versus the ag assessment they're getting now.
Samantha said that is the tax revenue that would go to school districts specifically.
Judy Ogalla stated after the last meeting she had a tenant farmer come and have a comment what happens to his crop that he currently has planted? Board Member Ogalla asked Samantha have you looked into that at all?
Samantha said it depends on the lease. She has seen some leases where if the crop is damaged or if you plant and the diligence period is lesser than initially thought and they go in and start construction and then the same thing. You have crop loss there's a compensation value per acre of crops damaged. This is a unique situation in that the landowner of that isn't harvesting the land. It's a tenant. What she said to that tenant that came to Planning & Zoning Commission was that it's very important going forward, hindsight, when negotiating as a recommendation you include or ask to include with your lease with a landowner if there is some sort of compensation for crop damage as it relates to solar farms. That compensation be given to the tenant. They really should have an attorney look over that particular lease.
Judy Ogalla told Samantha she is glad she is recommending they re-negotiate going forward that she recommends they do that. Board Member Ogalla asked our special use permit remains in place for how long?
Jessica Gal said the special use needs to be established within a year's time. The applicant has the ability to request two 180-day extensions which would give them another year. From conversations with developers they more than likely won't be establishing these within a year. So those that do want to develop will be in front of the Board and Committee again requesting an extension. The special use remain in effect forever unless it is abandoned.
Matt Guzman said they have to specify from the get go if they intend the special use to run with the land.
Jim Moustis said you have to execute the special use within twelve months. If you don't execute it in twelve months you can ask for a 180 day extension twice. So you got two years. If it's not built in two years that special use is no longer valid.
Judy Ogalla said with the tax assessment since the solar farm has a different PIN number if they go belly up and it comes on the County then is the bonding with the landowner or the tenant farmer?
Samantha said all the legislation says right now is that a suitable financial assurance that is approved by the Department of Ag. So whatever the Department of Ag has been accepting for wind farms would likely be acceptable now for solar farms. Sam has not worked with wind farms but her idea is that it is some sort of corporate bond.
Judy Ogalla asked so the corporate bond would be with us or with the landowner?
Samantha said we would be named as a beneficiary. It has to be approved by the Department of Ag. They have to say yes this would be suitable given the necessary de-commissioning that would be required for the system and then if they walked away; weren't paying taxes, the property would be leined if it wasn't operational for twelve months, I believe it says in our Zoning Ordinance. Then we would have the right to go in and de-commission the system.
Judy asked does that Pollinator Bill of suggested landscaping does this list include some of these pollinator plants or do we have to include those?
Samantha stated some of them are native grasses you wouldn't necessarily consider a pollinator plant. Some of them are considered pollinator plants. They will be coming out with a list of suggested mixes and they have six months to do that. Staff will post their legislation for review if asked. The legislation doesn't require them to do so. It just gives them the opportunity to do so.
13. Motion to approve a special use permit for a solar farm for Zoning Case ZC-18- 009 with twelve (12) conditions.
Judy Ogalla stated her understanding is that the Manhattan and Wilton Township Highway Commissioners, the Village of Manhattan, and the Manhattan Fire Protection District were all notified but did not provide comments. Judy asked Jim Moustis did you hear anything from them? That's your district.
Jim Moustis said there was one resident at the Planning & Zoning Meeting that objected to the noise and asked about screening (landscaping) around the transformers to dissipate some of the noise. Other than that, no.
Judy said her understanding is that these transformers are put kind of in the center of it so they aren't around the perimeter.
Jessica Gal stated we have three solar farm cases before you this evening. This is the only one that didn't have objectors and this is the only one that was in Manhattan Township. The Township didn't object to it either. There aren't any conditions to address noise. There are conditions to address landscaping. So landscaping will be provided. There were no changes to the conditions for this case. There were for some of the others.
There were no objectors.
Result: Approved [Unanimous]
Mover: Steve Balich, Member
Seconder: Mark Ferry, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
14. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for Zoning Case ZC-18-010, Louis J. Sloan, Owner of Record, Michael Borkowski , Community Power Group, LLC., Agent, requesting (S-18-004) Special use permit for a solar farm, for Pin # part of 21-14-32-400-004-0000 tracts 10, 11, 12, in Monee Township, commonly known as north east corner of IL-50 and West Offner Road
(Janine Farrell)
Chairman Weigel announced Zoning Case ZC-18-010. He asked Jessica from staff to give them an update.
Jessica Gal stated this case is a request by the same developer Community Power Group. This property is located in Monee Township at Route 50 and West Offner Road. It is a two megawatt facility on an approximate 30.134 acre special use area.
There were several objectors at the Planning & Zoning Commission hearing. None of the agencies notified of the request had any objections including Monee Township. The PZC recommended approval 5-1.
Wayne Ruder said they own 40 acres across from the development. It's been in the family for about sixty years. He objected to the solar farm because of the location it's going to be built on. It's right next to Raccoon Grove Forest Preserve. He said there have been hundreds of thousands of dollars invested in developing and maintaining that site.
Mr. Ruder said there are approximately 750 trees, bushes and scrubs on that property. He said they aren't giant trees. They are two, four, six inch trees. That would be totally bulldozed. It's not part of Raccoon Grove. It's a natural extension. They don't have a drainage problem now. He expressed concern about possible drainage problems. He is concerned about hazardous chemicals leeching into their water supply from pesticides used to control weeds.
Mr. Ruder talked about a reserve account or an escrow account being set up with funds being set aside for de-commissioning and shut down of the equipment on the site. He asked the Committee to take their time when considering this site for a solar farm.
Millie Zigtema said she lives next door to Wayne. She is not opposed to solar farms but she does not think this is the right location. She suggested they look for industrial areas or parking lots on top of buildings. There is a creek that goes through her property and she expressed concerns about the creek and the well water they drink. There are no industrial uses in the area. She is worried about her property values decreasing. Who's going to want to buy a house next to a solar farm? She also expressed concern about cleanup when the site is de- commissioned. Is it going to be cleaned up or just abandoned?
Laurie Summers said from her understanding there will be a fund for de- commissioning, correct?
Samantha said yes County Board Member Summers. It will be required as part of the AMA. They will have to submit assurance just like that approved for a wind farm. We don't know exactly what that looks like yet. They have sixty days to finalize what that's going to look like. Most likely escrow or corporate bond.
Judy Ogalla said so that isn't in place right now and the Illinois Department of Agriculture has sixty days to make sure we have some sort of surety bond. So that is not in place right now?
Samantha said that is correct. Samantha stated they have to have their AMA's submitted to the Department of Agriculture at least forty-five days before construction begins. So realistically if most of these end up getting their incentives construction probably won't begin much before early 2019.
Judy Ogalla asked if they approve this today how is that going to be effected if the State adopts legislation after the fact.
Samantha said this would be under State Law so State Law would require us to comply with those standards. Our special use permit conditions don't override what is required by State Law.
Judy asked if they get approved before the legislation gets passed are they grandfathered in or they must all comply now?
Samantha said when she looked at the legislation she didn't see any retroactive language and she also didn't see anything about grandfathering either. Samantha said she is going to look into that right now to see if she can find something.
Chairman Weigel asked Matt if they pass a State Law they have to comply with the State Law no matter if they're going forward on a project?
Matt said that's exactly what David and he have been discussing. In general, yes. You are correct. If there's a State Law out there those are the minimums. I want to make sure that I have seen the language before I comment on that. Sometimes they put language in saying that it's going to be retroactive, applicable to anybody who's got one. Sometimes there might be language in there that says there are minimum requirements that everybody has to comply with. They could say that it's effective from this point forward excluding us. For the most part, the State Law is the minimum so you've got to comply with what State Law requires. I want to see what the proposed language actually says before I comment on it.
Chairman Weigel said they won't be building for another two years so by that time the State Law is supposed to be in place. Isn't that right Sam?
Samantha said she's looking at the synopsis as it was introduced, it does say effective immediately on the final version. So if that is signed into law it will be effective immediately. Samantha said what that reads to me is if it hasn't already begun construction you have to submit the AMA and everything that is included as a requirement of the AMA.
Dean Olson said in the landfill world they go through siting and certain regulations and the Board or whoever approves that and later on there is a law that passes that says you can't take this into a landfill or you've got to operate a certain way; that law applies immediately right then whether it's Federal, State or whatever. It doesn't matter. From that standpoint the law is the law. You've got to comply with it. You can't just say well that law passed after my siting. Waste Management would have to comply with whatever the law was at that time because that landfill might last thirty years.
Judy Ogalla stressed her concern all along has been to make sure the County isn't held liable for the de-commissioning.
Samantha said if it would make the Committee and the Board feel more assured they could say must comply with SB 2591 regardless of the special use permit approval date.
Judy Ogalla said I'd like to hear from Matt on that because he's our attorney.
Matt said I can't give you a definitive answer on something because it could be challenged in court, too. My interpretation from what I'm hearing if this is effective immediately what I would be looking for in reading that legislation would be some exclusionary language. What you're calling the grandfathering language. It was also pointed out that this is State Law. Enforcement purposes wouldn't fall on the County for this, as well. This would be something that the State would be enforcing. With regard to the language itself if it's saying effective immediately I do not see any exclusionary language. Dean hit it on the head, as well. When you have new legislation that comes into effect they have to comply. My interpretation, again, I haven't read the whole thing is that yes. They would have to comply with whatever is in there regardless of when they received the special use permit.
Maria Abney spoke against the request. She is an abutting neighbor and resident of Monee. She said the points that Mr. Ruder brought up show that this is a complex endeavor. She thinks the Board and the County are taking this on at a very fast clip. Mrs. Abney said she is not against solar farms. She is not against solar energy. I think they're great and I actually support them. It is one that requires a lot of thought. This is the fifth solar farm being looked at in Monee.
Mrs. Abney asked the Board to consider a staggered approach. She talked about this area being a natural habitat. She talked about a prior owner acquiring prairie restoration dollars. She said we're talking about five hundred acres of protected lands. She said now we're going to bulldoze that down. She expressed her concerns about water runoff, negative impact on wildlife, and decreased property values.
Maria Abney objected to a solar farm being at this location. There are other sites suitable for solar farms such as capped landfills, super fund sites or fallow agricultural land. These solar projects make use of otherwise unusable land and provide much needed revenue to municipalities, farmers and other stakeholders. She suggested the Committee put these projects on pause until we've had a chance to see what toxins are involved. Mrs. Abney asked if there was some timeline they are unaware of or fund where dollars might be running out?
Judy Ogalla said ComEd was there last night to explain some of that. There's a lottery that's going on right now. She thinks they will be releasing in January so if they get in line for that lottery they could be one of the many chosen. Right now ComEd has a ton of projects in the cue and of that ton of projects only a small amount of projects will be selected. There's only so much money available so not every project will go through. The money that has been appropriated will run out. In another one to two years more money may be funded through ComEd through this green energy plan (FIJA).
Judy Ogalla said this is not speeding through. She has been going around to the different villages and township boards to have a conversation. She has asked for a white paper from our Land Use Department to try and explain the process so that you're aware of it. We did have solar farms tabled for a very long time because there was no State Legislation for an Ag Mitigation Program nor was there State Legislation for de-commissioning. The Land Use Department adopted the Will County Farm Bureau's draft legislation and they tweeked it accordingly that they felt was appropriate for Will County. That's why we approved three solar farms last month. Since that time the State has passed this legislation through the Senate and the House. It hasn't been fully signed yet. They have another sixty days to make changes.
Judy Ogalla said they really haven't looked at density or site suitability so that is something they need to look at further. Ms. Ogalla said the townships should be deciding that for themselves rather than having the County coming in and telling them what's suitable for them. Everybody has been working very hard to get all of the questions answered. They have been working very closely with the Project Manager Mark Schneidewind from the Will County Farm Bureau. We have it so that they have to have an ag specialist hired so that person is on site while the process is being built. But property owners have the right to use their property as they see fit.
Maria Abney said she would like to see the content of the panels and the lubricants that are used. She wants this researched and she also wants a water report. Her son plays in the creek and she asked if he can safely continue to do that. She pleaded with the Committee to ask these people to do more due diligence on the drinking water effect, on the property value effect.
Matt Guzman said Board Member Ogalla brought up a very good point and that's why they're taking the time to look at this yet to be passed legislation. There is some language in here that talks about the effects of this yet to be passed legislation on people effected now that are applying for this and it's at the very end. In fact it's the last provision in the entire act. Matt read."Nothing in this amendatory act Hundredth General Assembly and nothing in an Agricultural Impact Mitigation Agreement shall be construed to apply to or otherwise impair an underlying agreement for commercial solar energy facility entered into prior to the effective date of this amendatory act of the Hundredth General Assembly. "
Matt said so essentially what it's saying is that when this is going to pass it's not going to apply to those that exist now. So the question is what's an underlying agreement? You usually go to the definition provision of an act at the very beginning of an act. Underlying agreement means a written agreement with the landowner including but not limited to an easement option lease or license under the terms of which another person has instructed, constructs or intends to construct a commercial wind energy facility or commercial solar energy facility on the property of a landowner.
Matt said so what that means is if a person has a lease or an option right now and that's not signed and entered into this proposed language cannot be read to impair or effect that solar energy farm.
Samantha told the Committee if they wanted to they could copy and paste the language from the proposed legislation as a condition.
Judy Ogalla agreed to copying and pasting that language or tabling them until next month.
Samantha said if the Committee waited for the State to approve that legislation they would not have to add that language.
Matt said that first one hasn't been passed yet. County Board hasn't signed off on it yet.
Samantha said even if they table them because these leases were signed before the legislation became effective or if it becomes effective assuming it gets signed, it still exempts them. So it depends when the lease was signed. Not when the special use permit is issued.
Chairman Weigel asked could we make it a condition that they comply with the Senate Bill number that you're reading from?
Samantha said they would have to remove that clause that says that because that's included in that Senate Bill. We could remove that clause that says they're exempt based on their lease signing date.
Steve Balich asked could we do that for the first one that's at County Board?
Laurie Summers asked they don't have to have a special use permit in order to get the lease signed, correct?
Samantha said that is correct.
Board Member Summers said they sign a lease with the property owner and then come to us.
Sam said the developers aren't going to come before you without a signed lease because the special use has a cost they aren't going to want to incur unless they have a consenting landowner. She said she would work with Jessica. Sam said they could remove any language that reduces the effectiveness of what they're trying to do here and that way all the provisions that have been discussed and prioritized by the Committee, by the Board, can be included in that special use permit.
Matt told the Committee if there is specific language the Committee wants in there they should have staff cut and paste and put that specific language in there.
Judy Ogalla suggested they might want to continue these until they know what that language is going to be for certain.
Matt said he has no idea if the applicant is going to consent to agree with any of the conditions they have set forth here.
The Chairman asked the applicant if he wanted to speak.
The applicant said he would speak after others got a chance to speak.
Debbie Millitello asked is there a definition of optimal site?
Samantha said that would be based on the interpretation of what the highest and best use of the land is by definition by the Committee on making this determination. There is no definition in our Ordinance.
Debbie Militello asked if there is some standard as to why they would say this one can get approved and this one cannot?
Samantha said a lot of it depends on the landscaping and the actual property themselves.
Matt suggested that they look at the staff reports because staff has done a lot of research and put a lot of time and effort into these. They have gone through the analysis our Ordinance requires and ultimately should it go to litigation Matt will have to deal with it. The staff reports are a good indication as to what you should do with it.
Judy Ogalla said that's why they come before them requesting a special use permit and the Committee can decide which ones to approve based on the information given them.
Dorothy Margrath stated she lives off of Egyptian Trail. She talked about government transparency. She stated we are talking about a parcel that is going to have 7,468 large solar panels on it. We are talking about construction in that area that will disrupt traffic. Dorothy Margrath talked about videotaping WPAL meetings of Monee Township for years. The last one she taped was in April. The mayors of the three towns decided to stop the cable station that has been covering Beecher, Monee and Peotone for almost thirty years. Ms. Margrath stated she did not hear anything about the solar farm at the April meeting.
Monee Township resurrected a Monee Plan Commission that had been dormant for a very long time. There was a meeting of the Planning Committee that others were not made aware of. This farm was brought to the township with hardly anyone in the audience. It was brought and passed at one meeting. Ms. Margrath stated she only learned about this eight days ago and I live in the area. She asked that there be more transparency before this farm is allowed.
Louis Sloan stated I am the property owner and I want to talk to you a little bit before the company does. We own the property and would like to use it for some legal and productive purpose. It's currently not generating any income for them or the County. It was for sale for a long time before they bought it. They evaluated various options and in their opinion the solar farm was the least disruptive and most low impact and the most environmentally friendly option they could come up with as opposed to things like a commercial building or a warehouse, cell tower, wind tower or gas station. They felt the solar opportunity would be the lowest impact.
Louis Sloan stated as someone had said earlier it had been in CRP for many years. Hence, the reason for the trees. It's not currently in CRP and hasn't been in CRP for a few years. If we're going to use this in a productive fashion the trees are probably going to have to be removed, anyway for whatever we use it for. It was for sale for a long time. Racoon Grove had ample opportunity to add it to their footprint. Mr. Sloan said he believes Racoon Grove gave their blessing on the project and are very excited about the project.
Mike Borkowski with Community Power Group talked about the property owner being extremely thoughtful. The property is not currently being farmed. They went through all the due diligence and options. This is right on a main highway. It's not going to be developed for residential purposes. Commercial activities are just a couple blocks up the road already. As Monee expands this would be a logical place for commercial to go. They talked extensively before he ultimately purchased the property. Mr. Borkowski said there are a lot of misnomers that really aren't applicable to this solar facility. The land is not going to be bulldozed. They are going to keep it in its existing contours. They find that it is very environmentally friendly. That is one reason why Racoon Grove gave us a letter of support.
Mike Borkowski talked about the most noise to occur will be by the inverter at 65 decibels. That is about equivalent to the noise made by a dishwasher. The inverter will be 1,000 feet from the nearest residence. There will virtually be zero noise.
With regard to EMF's the inverter is much less than normal distribution lines in front of your house.
Regarding runoff a solar farm is going to have grass cover on it all year long and will be absorbing water without it running off. Regarding toxicity, there is no thin film being used in their projects and not in most solar projects in Illinois. A limited amount of toxins are used in the manufacturing process no different than the toxins used in a computer or a cell phone. There is nothing in these panels that pose that kind of risk.
These are the kind of panels that their development company has put in places like Shirley, Massachusetts where they have a 70 acre facility sitting directly on top of their water reserve. They wanted it because it is a big open land that they do nothing with. It just sits there so they leased it to them. All sorts of studies have been done. That's where Massachusetts Institute of Technology is. It has been in and operating for several years now. It is on top of that city's and locale's water supply. So that is real, live, actionable research that has been done.
Mike Borkowski said another thing they talked to staff and some of the homeowners about originally was they wanted to have some screening around Route 50, as well as up to the north. It wasn't required by the Ordinance because it was so far away from the home owners. Even though it's not required they are proposing landscaping. Mr. Borkowski said the solar panels are seven feet high at their highest point.
The State has a law regarding Pollinator Friendly Ground Cover. That is not applicable to them. They have adopted a seed mix as part of their plan that is in accordance with the law that was passed. They will adhere to the requirements of that as part of their special use even though they don't have to. Mr. Borkowski described it as a community solar garden facility.
Another thing they have started doing at some of their facilities is rather than having a chain link fence they would like to use a farming fence that would have some of the more natural elements and a bit more see through. This was something Raccoon Grove also liked. It will be planted at four feet and grow six to ten feet in height. It will be intermingled with a Wentworth Cranberry Bush planted at about four feet and grows six to ten feet. They actually work with nurseries to see what types of things will do well and thrive in the soil out there.
Regarding property values, Cohn Reznick is a rather large consulting firm. They are one of the few agencies that have done value studies regarding the impact of solar. Mr. Borkowski pulled an example off Zillow of a 140 acre solar facility in Indianapolis just outside city limits where you have a mix of homes and agriculture. They did a study of homes values in two residential subdivisions nearby. The price of the residential area was $57.00 a square foot and where the solar area was it was $59.00 a square foot. If you go on Zillow today, homes closer to solar farm property have higher property value and the further you get away from the solar farm the property values go down.
Cohn Reznick pointed out a google image of 2013 when a solar facility was being built and started construction with a big open field next door. There is a separate owner. 2016 the solar facility is complete. Somebody built a $500,000.00 home with an inground pool within a hundred and fifty feet (150'). Somebody had bought this open field and built that pool and home. Mr. Borkowski and the property owner feel this is a very thoughtful and meaningful use of this property. The reason people like solar farms is they're not noisy. They're good neighbors. They don't pollute. They just sit there and it's open land.
Judy Ogalla said I live off Center between Offner and Eagle Lake Road. As she agrees it would be good for the Forest Preserve to buy the land they don't have any money to buy the land. Board Member Ogalla said if you look at the long term planning for the area her guess is that there will be more commercial along Route 50. If that's the long term planning for the area the Board might have to consider putting in a commercial use that might be much more invasive than a solar farm. It is a hard decision but it doesn't make any noise. It doesn't pollute. They put many, many restrictions on it. This has been a very open process. It hasn't been out in your area and that's why I asked Land Use to put together a "White Paper", at least on our website, to show what that is. She just wanted to put it out there as to what types of commercial could be out there. I know there will be trucks pulling in and out during construction but once it's built that will all go away.
Laurie Summers agreed with Judy Ogalla. She stated the fact is if this doesn't go in here they are going to put in something commercial. She also supports homeowner's rights. Board Member Summers said there aren't a lot of families that hang onto their farmland. This is the best possible solution for families that want to keep it in the family. It helps with tax dollars. Judy and Laurie both live out in this area. This is not going to put a burden our infrastructure. Unless I am wrong they come out twice a year to do maintenance unless something happens. Laurie said this is a good thing. She has four grandkids. This is about the future. This is about them. This is possibly one of the best ways to secure the future for them.
Judy Ogalla said one thing that Land Use requires as part of putting a solar farm out there is that they have to do a drain tile study which is part of the Ag Mitigation Agreement. That takes a look at all the existing drain tiles. Any tiles that are damaged are repaired in accordance with the Ag Mitigation Agreement. Judy Ogalla said as a group they have not had a conversation regarding density and site location. Until they actually have that conversation she will be voting no. Ms. Ogalla reminded everyone just because they have an agreement doesn't necessarily mean that solar farm is going to come in. There are a lot of solar farms in the running for that funding and they may not even get it.
Chairman Weigel asked if they should cut and paste that amendment to the change in the law?
Condition nine refers to the agreement with Borrego. The State one differs slightly.
Board Member Laurie Summers said she would like to see a side by side comparison. Ms. Summers said she would like to table it until they actually have a chance to see that language.
Debbie Millitello agreed with Laurie and suggested they table both of these until next month.
15. Motion to table Zoning Case ZC-18-010.
The motion carried unanimously and the case was tabled.
Steve Balich asked can we amend the one we already sent to County Board?
It was determined that ones already approved by County Board were done and could not be amended. Those not approved by County Board yet can be referred back to Committee.
Laurie Summers said it will just come back to Committee and not go all the way back to Planning & Zoning, will it?
She was told no.
Judy Ogalla said the County might also have conditions they want to add that the State didn't feel apply.
Result: Approved [Unanimous]
Mover: Laurie Summers, Member
Seconder: Debbie Militello, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
16. Motion to table Zoning Case ZC-18-011.
Kurt Hermanson said his property is directly east of this solar farm. His property abuts directly east. There are a lot of uses for property and he is a firm believer that you should be able to do what you like. He is not against solar. He talked about being 400 feet away from the inverter and expressed concern about noise.
Laurie Summers asked where are you at?
Mr. Hermanson said I'm at 156 East Corning Road. He said there should be something in the Ordinance that you aren't going to allow it within so many feet of a residence.
Maria Abney spoke regarding Mr. Borkowski's comment about the panels that there are some limited hazardous chemicals but they get recycled on site.
Samantha said I believe they were in the manufacturing at the plant that are used in the manufacture of the thin panels but those are not used in this area. Samantha said she would supply that information to the Committee at the next meeting.
Samantha said regarding the noise level two fellow staff members who have been to a 120 megawatt commercial utility scale solar facility had been standing next to an inverter that is much larger than what is proposed to be used in these projects. Samantha said she could set up a tour of that same facility and put that information on our website. They are very friendly about having residents come by and look at the array. It's called Grand Ridge Solar Farm in Streator, Illinois. It was built almost ten years ago but it is in the middle of both ag and residential areas. So it is a great example of what we're seeing here. Samantha said she would love to give the residents and this Committee the opportunity to go there.
Chairman Weigel asked Samantha to make that available to the Committee.
Mike Borkowski pointed out that those chemicals are in the manufacturing process and not in the panels themselves. They contain no toxins and the lubricants are hydraulic and no different than what a regular tractor would be like. A tractor that is working a field is wildly more pollutant than anything on a solar farm and wildly more noisy, as well.
Mike Borkowski pointed out the neighbor across the street, as well as the neighbors by the facility; they did stop at both houses and talked to both of those neighbors. They were excited about the prospect of discounted power and having a solar facility there rather than a huge land development there. That may be the reason why they aren't here is because we've actually spoken to them. Borkowski pointed out the closest house from the inverter is more than 1,000 feet away and the 65 decibels is while standing right next to the inverter. At 50 feet you can't hear it anymore. Never mind 1,000 feet. It's completely gone.
Mike Borkowski stated I did speak with the church this week and numerous times. He emailed them the landscaping plan over the weekend. They asked for some landscaping and we agreed to that. Mr. Borkowski stated they are willing to abide by the legislation that gets approved as part of their condition of use. They will retroactively enforce that. They agreed today to abide by that proposed legislation. We will give that power to the County to do that. That's not something new. They are doing it other places.
Chairman Weigel said we want to make sure we've got the right language in there. Chairman Weigel said we have a motion on the floor. All ayes. Motion carries.
Result: Approved [Unanimous]
Mover: Laurie Summers, Member
Seconder: Debbie Militello, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
17. Ordinance Amending the Will County, Illinois Zoning Ordinance Adopted and Approved September 9, 1947 as Amended for zoning case ZC-18-011. First Midwest Bank Trust #16851, Owner of Record; Vickie White and Louis Dodd, each 50% beneficiaries, Michael Borkowski, Community Power Group, LLC., Agent, requesting (S-18-005) Special use permit for a solar farm,for Pin # 22-22- 21-400-002-0000 and 22-22-22-300-002-0000, in Washington Township, commonly known as 30913 D. Dixie Highway and vacant property o
(Janine Farrell)
V. Other Business
1. Discussion: Outdoor Lighting Regulations Text Amendment
(Brian Radner)
The next topic discussed concerned proposed text amendments regarding outdoor lighting regulations. Brian Radner stated back in January 2018 the County Board approved some Ordinance changes that impacted outdoor lighting. Some of those changes may not have been intended. The purpose with that provision was to limit the impact on single family homes and agricultural uses. The old zoning code used to include language that was somewhat similar to that prior to the change.
It said lights on lots occupied by detached houses, townhomes and two unit residential buildings.
Brian Radner said he took a look at what surrounding counties do and Lake County has a provision for single family attached houses so that would be exempt from complying with the outdoor lighting regulations and there would still be an agricultural exempt provision in the code.
Brian said he thinks the reason this change is probably needed is because both residential and agricultural districts help allow other uses that are not residential and agricultural. Such as a library. A park. Fire stations. Other civic buildings. Those types of structures should comply with the outdoor lighting regulations. Whereas the intention is not to impact single family homes and agricultural uses.
Brian Radner recommended the Committee consider this change that is outlined in the memo he provided in their packet and if they are comfortable with the language he will schedule a public hearing at the Planning and Zoning Commission and then this will come back to the Committee.
Brian pointed out that there is a sunset provision in this code and what that means is that if the change is made other property owners would be required to comply if a complaint was filed on the property. So when the Ordinance was originally passed in October of 2012, the original change, they set out a date about three and a half years so Brian Radner stated he is proposing something similar. It would be January 1st, 2022 that we set a date out.
What that means is that if at that date we got a complaint on an outdoor lighting of something that maybe was permitted today they would be forced to comply with the regulations that would be in place.
Brian Radner asked the Committee to approve the language presented and move it to public hearing.
Result: Moved Forward [Unanimous]
To: Will County Planning And Zoning Commission
Mover: Steve Balich, Member
Seconder: Judy Ogalla, Vice Chair
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
2. Motion to send the proposed text amendments regarding outdoor lighting regulations to PZC for public hearing as presented.
Result: Approved [Unanimous]
Mover: Steve Balich, Member
Seconder: Judy Ogalla, Vice Chair
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
3. Discussion: Building Ordinance-Replacement of Deck Surface and Swimming Pool Definition
(Brian Radner)
Brian Radner said Board Member Balich had asked staff to look at swimming pools and replacement of decking. Specifically, requiring barriers around structures that are 24 inches deep and also, do we require permits for replacement decking?
If a pool or anything that is containing 24 inches or less of water no barrier is required. If it is above 24 inches a barrier would be required. Brian said under 24 inches it’s not required. Above 24 inches it is required.
The Land Use Department does not require a permit to replace a deck board. For example, if you have a rotted board on your steps to your deck or you have a rotted board on the surface of your deck. You do not need a permit to replace that. But, if there is anything that is structural you would need a permit to replace that. So for normal decking no need for a permit.
Balich asked like the egress to a house?
Radner said you don’t need a permit for it.
Brian Radner said we’re not requiring a permit for those two things. If you’re comfortable with leaving it at that, that’s fine. If you want it specifically identified as an exemption in the Zoning Code in the Building Ordinance I can bring that back to the Committee and you could look at language for that.
Balich said it’s already in there. We already have that.
Radner said so we’re good then? It sounds like the Committee is saying we don’t need to make any changes.
Brian Radner said now when you’re doing a new deck a permit is required but just replacing boards; you don’t need a permit for that.
VI. Reports, Communications, Correspondence
1. Chairman, Will County Land Use and Development Committee
2. Committee Members, Will County Land Use and Development Committee
3. Director, Will County Land Use Department
4. Other
Colin Duesing stated last month there was a gentleman here proposing turning cargo containers into houses. Colin said he was asked to look into it and he has expanded it to include all districts and all uses because there is a place for other entities such as restaurants. They were also talking about accessory dwelling units in industrial districts. So there is some of that cross over. It assumes that part of it will be approved later sometime this year. If it’s not it will be taken out.
Language from the accessory uses section of the Ordinance was distributed to Committee Members.
The first step would be to get it approved by special use permit. Next would be approval through the Building Code. Then C through G are the elements regarding the visual and architectural preferences of the County. How does it look within the community?
Colin Duesing told the Committee if they would like him to pursue this further he would be happy to.
The Chairman told him why don’t you let us review this and we’ll come back next month and give you an answer.
Judy Ogalla said she was at the meeting last night with ComEd and people aren’t reading everything. She was wondering if a presentation couldn’t be put together for eastern Will County; maybe the western part; maybe a high school; Green Garden County Club; somewhere they could have an open forum where we can have the Solar Companies put on a presentation. So we can have people come and find out what’s going on.
David Dubois said they will talk to Dean and Samantha and get their thoughts on the matter.
Dawn Tomczak said through the daily course of our operations people do call and ask about solar farms and we send them the link to the website so they can learn about it.
5. Public Comment
VII. Executive Session
VIII. Adjournment
1. Motion to adjourn the meeting.
The meeting was adjourned at 1:15 pm.
Result: Approved [Unanimous]
Mover: Steve Balich, Member
Seconder: Mark Ferry, Member
Ayes: Weigel, Ogalla, Balich, Ferry, Summers, Winfrey, Militello
IX. Next Meeting - July 10, 2018
https://willcountyil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=3027&Inline=True
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