Planning and Zoning Commission - Regular Meeting

Everybody did that last summer around the kids go back this week.

Yeah. Yep.

And I got like, 2 weeks left of. 0, uh, rhythm you might say. So, like, I hit it kids are up late. All right. The back end schedule, the question to get back up early now, I think the first couple of installers. I think up in Michigan, it's Monday. That's a buddy of mine. Just picked up on it. We no longer have to do the variances for the plant height with the new code.

Yeah, it's a good evening ladies and gentlemen. This is a wall county August 4th regular meeting for the planning and zoning commission. Call this meeting daughter and ask everybody to rise for the pledge of allegiance. We just in a pledge place.

which it stands, one nation under God, indivisible, with liberty and justice for all.

Have a roll call, please.

Step in.

Here.

John Kiefner. Here. Roger Bettenhausen. Here. Karen Warrick. Here. Lewis Navarette.

Here.

Matt Garland. Here. And Kimberly Mitchell is absent.

Thank you. We have a quorum.

Before we go into the body of the meeting, I'm going to swear everybody in who's going to speak tonight, hopefully you've signed in the sheet saying you're a speaker. Please raise your right hands. Say I swear to tell the truth, all truth and nothing but the truth, so help me God, I do. Thank you and 1 more request please if you have cell phones turn them off turn them down or put them in airplane mode. Now, we'll go to the body in a meeting. 1st item on the agenda is approval of the minutes from July 7th. I presume the board has had a chance to read the minutes. And if so, I'd like a motion.

Mr chairman, I'll make that motion.

I have a motion in a 2nd, all in favor signify by saying, I, I, any opposed same sign. Okay, next on the agenda is. The minutes for July 21st. And I'd like a motion on that also.

Okay.

Okay, I have a motion 2nd, all in favor signify by saying, aye aye. Any opposed? Same sign. Okay, 1st case tonight. Is easy to ask 26 that's 053. It's a various from where you are set back from 20 to 10 feet. And it's to replace an existing deck for a mobility impaired resident. takes place in Plainfield, Illinois. And Haley Wallach, is that close to the last name?

Okay, thank you.

Okay, so I am reviewing the zoning case. The owner of the property is the Paul to new to trust dated March 7th to a 1008 with Paul to as trustee with a 100% interest. The agent is Paul and the attorney is Nathaniel washburn with K. G. G. L. L. C. The applicant is requesting a variance for rear yard setback from 20 feet to 10 feet to allow for the replacement of the existing deck on the property. This image shows a zoning map with the subject property outlined in blue. The subject property is zoned R6 with 6,187 square feet in area and 50.20 feet of lot frontage along West Sycamore drive. The property is lot 1114 within the Carillon parcel 10 planned unit development. The parcel is a conforming R6 parcel. The property is improved with a 1,950 square foot, single family home with a 400 square foot attached garage. The property owner submitted a building permit to construct a 21 foot by 12 foot deck with a 12 foot by 12 foot pergola. The carillon parcel 10 requires a minimum setback distance of 20 feet from the rear property line. The existing deck is 10 feet from the rear property line and the replacement deck will be in the same place. The applicant is requesting the variance to allow the zoning department to approve the pending building permit for the replacement of the deck. This oh, okay.

Sorry.

This is a plot of survey showing the deck located behind the house. This is a view of the subject property from West Sycamore drive. This is a view of the Western portion of the property. This is a view of the abutting properties to the East and then a view of the abutting properties to the West. A more detailed analysis can be found in the staff report, but in some for section 1 in the variances standards and review criteria staff finds that the plate of the owner is due to unique circumstances. This parcel has irregular lot lines, which makes it difficult for accessory structures in the rear part of the property to conform to the required setbacks. Additionally, some parcels of the Carolina are subject to additional setbacks and haven't adopted have adopted a grandfather date of April 20th, 1999. this has allowed additions built before this date to encroach into the setbacks without needing zoning action because this property is within parcel 10. it is not subject to the same regulations as these other carillon parcels. Steph also finds that the variance will not alter the essential character of the locality based on historical aerial imagery. This property along with many abutting properties have had decks on the properties since the late nineties in the early 2000s. Many of these properties still have decks. So the character of the area will not be altered. Looking at section 2 staff finds that the particular physical surroundings do result in particular hardship. The angled rear property lines, reduce the available building space, making it difficult to conform to the rear yard setback requirements. Additionally, the rear yard is sloped downward toward the north per, the zoning zoning ordinance, pergolas and decks that are 4 feet or less in height can encroach into the rear yard setback. The deck is 5 feet tall to accommodate for the change in grade, meaning that it cannot encroach into the rear yard setback without a variance staff finds that the hardship is not wholly created by the applicant. The lot shape and topography create the hardship of replacing the deck without a variance for rear yard setback. Lastly, staff finds that the granting of the variance will not impair an adequate supply of air or substantially increase the danger of fire. The pending building permit will need to be issued before construction of the deck begins. It will not be issued until approvals are obtained from the Will County Building Engineering and Zoning departments. Staff is recommending approval of the variance and I'm happy to answer any questions.

I have no questions. Anyone have any questions? Thank you very much.

Thank you.

Is the owner or his representative's agent or attorney here? I see, thank you. Is there any objectors or concerned citizens to this case tonight? There are not, okay. Would you care to come up, sir, or would you rather we just take a vote? We have a... Okay. Um, well, on CZ dash 26 dash 053 slash V dash 26 that's 159. I would like a motion.

Okay, number that. Experience for. Second, I have a motion in a 2nd, have a roll call please.

Hugh Steppen? Yes. John Kiefner? Yes. Roger Bettenhausen? Yes. Matt Garland? Yes. Louis Navarette? Yes. And Karen Warrick? Yes.

Our next case tonight is TUP-26-005. It is a temporary use permit to store asphalt grindings for future parking lot. for a period not to exceed 180 days. And Brian Radner will be our presenter.

Thank you, Mr. Chairman and members of the Commission. Margie, can you pull that up when you have an opportunity? As you stated, this is Temporary Use Permit 26-005. And the permit is to store asphalt grindings for a future parking lot for a period not to exceed 180 days. Aaron holdings LLC is the owner of the property or miss of Morris engineering is here as well tonight and so is Suzanne heart who is also involved with this project. The address of the property is 1, 3, 1, 4, 1, South high road, lock port, Illinois. Now, as, you know, there are 2 types of temporary permits that come to the planning and zoning commission. There's those that the zoning ordinance says that this type of a approval needs to come from the planning and zoning commission and it's spelled out in the zoning code and then there's others that are not listed. So anything that is not listed in the zoning code also has to come to the planning and zoning commission. This request falls in that category. There have been two other requests similar to this. You may recall there was one on Manhattan money road across from the Amazon warehouse. It came before this body. That project was approved. They stored the asphalt grindings and later that annexed into money. There was also another 1 that was done near Wilton center and it was related to a highway commissioners project. All right, the next slide here has the aerial photo of the property zoomed out. Oh, and you may recognize this property because it was maybe a year year and a half ago. The applicant was here requesting industrial zoning for the property and that ended up being approved by the county board in July of 2025. so the property is outlined there in blue. Uh, next slide has a zoomed in, um, a photo of the aerial photo of the property. Um, the, as we go to the survey on the next, you can see the boundaries of the property. And then next slide. The site plan shows the planned area of where the stockpile would be and the purpose of bringing these in right now is that there's a series of construction projects going on in the area and the applicant could use some fill for this property. So they would be able to store these on the site until our department has been able to issue a site development permit for this project for the overall improvement plans. Now. that site development permit is currently under review in our office as we await some final documents we've already gone through a couple different uh parts of the review process and there's still a few more things to complete but at least this would let them store some of the material here and help out some of the local construction companies area in the area and give them a place to bring the grindings next slide please That's the zoning map of the property. It is owned. I 3, it's I 3, the North that's related to the refinery property. There's agricultural zoning in the area as well. And to the West, we had the village of Romeo. Next slide now. This is looking East at the property from the entrance next slide. It's looking slightly northeast. You can see the tanks associated with the refinery property there. Next slide. Now this photo here is looking towards the north along High Road. Next slide. And this is looking South on high road right near the entrance to the property. And then finally, the next slide Margie staff is recommending approval of this request. So, from whatever the date is that we issue this permit, if it's approved by this commission, it would be valid for 180 days. That would be the only condition temporary use permits of this type are limited to 180 days. So we wouldn't be able to do anything beyond that. So, staff is recommending approval that. I'd be happy to answer any questions if you had them.

About the approval if if we approve this, they have to the 2 extensions and they can correct.

Well, with this with this request here, they'd have to come if they wanted to go beyond 180 days, they'd have to come back and get another temporary use permit. But I'm hopeful that the site development permit will be issued before that 180 day period. And they'll just begin work on the property and it all be moot.

Okay. I know, I know the area where well, so I know what's going on up there, you know. Okay, thank you, sir. I have no more questions. Anyone have any questions. Oh, thank you very much.

Thank you.

I see the principle, so I. There are any concerns citizens objective cities case here tonight. There are not. Well, would you care to come up and speak or would you rather we just go ahead and take a vote? We have approval recommended by staff and there are no objectors here.

Okay.

In case the TUP-26-005, I would like a motion, please.

Mr. Chairman. T. U. P. yes, 26, 0, 0, 5, for a temporary use permit to start asphalt for a future parking lot for a period not to exceed 180 days.

So, I have a motion. I have a second. May I have a roll call please? John?

Yes.

Roger button house and Matt Garland. Lewis never at Karen work. And chairman who step in yes, passes.

Thank you.

The next case tonight is. Our own staff member wants to call intuition. Who is going to. You sent us with our newest. Possibility of changes texted his own. Good evening, sir. So we close closest.

No, we need to close the regular session. Then you need to open up.

This specific public hearing, so I would like to have a motion to close this session. I have a motion. Do I have a second? I have a motion and a second to close the meeting. All in favor signify by saying aye. Aye. Any opposed, same sign? Okay.

Mr. Chairman, I'd like to make a motion to open a public hearing for proposed text amendments from the Clean and Reliable Grid Act.

Perfect.

I have a second. Okay.

And it needs to be a roll call vote.

We will do this again. All in favor signify by saying aye. I would ask for a roll call.

Yes. Roger bettenhausen. Matt garland Lewis never at Karen warwick and chairman Houston. Yes.

All right. Uh, so good evening, uh, for those who do not know me, my name is Colin do saying, I am 1 of the planners that work in the back of the house of the land use department where we design and build the ordinances and plans that the front of the house planners have to work with. And today is a text amendment to the zoning ordinance regarding the what's called the clean and responsible grid act, which is regarding. battery storage, solar farms, and wind farms. So, oops, there we go. Am I not advancing? Because that's what that's why. All right. So, the clean and reliable grid affordability act. Is to was signed into law on January 8th, and it took effect on June. 1st. And within that statute, it requires that counties with a zoning code must adopt the provisions in the statute within 120 days after the effective date. And if we do the math, that is September 29th. So this is our public hearing before September 29th. So we can get on the county board agenda either in August or in September, depending on how the committee structure works. There are some key changes from the legislation regarding battery storage facilities, both solar and wind energy facilities, the approval process, which is the 1 of the key parts and the fee schedule for both zoning and building. And since we have it cracked open for these changes, we also have some recommended changes that are not part of this, but because it involves all of the above, we decided to tackle them at this time. Uh, 1st, for battery energy storage systems, we have to change the name entirely. It's no longer battery energy storage systems. It's just energy storage systems, because there are other products out there that are coming online that are that do not involve batteries. The 1 that I just found out about this week is compressed air. Yes, compress her. Oh, not even compressed air, liquefied compressed air. So yeah, it's weird. And so, so things like that would be coming online. So, instead of just the lithium ion batteries, all of these other items are taken taken in consideration. And the other major point that needs to be changed within within the code are the setbacks. Now, it's the 150 feet from a wall or house or community building of another property. That's not involved. Uh, and then 50 feet from a property line and 50 feet from a road right away and, uh, fencing, uh, has to be at least 7 feet high, but cannot be more than 25 feet high. By 25 feet, we do not know, but that's what it says. Oops.

Oops.

Okay. Okay.

I'm really.

That's what. Okay, uh, for both, uh, commercial solar, uh, energy. Energy facilities and wind energy facilities, uh, it is now required by statute that they have a drainage plan. Uh, we had it in our code. We just had to, uh. Uh, redesign it to fit the language in in the statute. Uh, the commissioning plans are also required something we already had, but had to change it because of how the language is set. And then also, uh, clarifications to, uh, what landscaping can and cannot be used, uh, wrote what road agreements with the township highway commissioners or any other road authority. Uh, what those agreements can and cannot say. And facilities that are within a mile and a half of a municipality that has a zoning code, those restrictions apply with regard to setbacks, not our code. It would be the municipality and those. Those restrictions would be part of the special use permit conditions approved by the board. Let's see. Oh, yes. Now here is 1 of the more contentious contentious items that. The way that language currently is that a public hearing must be held. Uh, within forty five days of the application that has changed that the public hearing must be concluded by sixty days of the application. So the onus comes on you guys to have all those wonderful meetings for for the solar farms and wind farms and get them done in a timely manner.

Excuse me, 60 days for also 60 days for the whole county boards.

Just just you.

Okay.

60 days for you. Yes, get that back. So, it's the, the public hearing must be public hearings must be concluded within 60 days. Uh, also, uh, the South Sinclair factors, uh, those, uh, 7 or 8 questions that are on your staff report, uh, that, uh, is on every, uh, special use permit. Those don't longer apply to solar farms and wind farms. Uh, and then the only conditions that can be applied, uh, beyond the. Uh, what I mentioned before, uh, that the conditions cannot. Require a property value guarantee, and it cannot and or require the applicant to contribute to a property devaluation escrow account. So. I don't think we've done those in the past, but we can't do them now. Are in after it's been approved, then our current ordinance has inactivity for 2 years and then they start applying for extensions. The statute now requires that they are allowed a five year length of inactivity before those extensions come and come into play. So, uh, but then with the extensions, that would be. Yep, I think 6 and a half years. Margie that'll be all right. But something like that, but anyway, yes, they could extend it for another, uh, extremely, uh, length length of time.

They basically the existing would be four years. So two years for the special use to be extended and they get four extensions of 180 days. So additionally, like potentially four years.

Okay, so another two years on top of the five. Yep, 7. okay. And then also. Outside of this is that if a county board does deny the. The application, then, instead of going through the court system, it goes through a, a new appeals process for citing of qualified energy systems by a board set up by the Illinois Commerce Commission. The. Uh, so that would streamline, uh, the approval process, uh, if it did get denied.

Yeah, pretty much. Yes.

You know, that's the application for the night. They wouldn't go to the court system at all. They would just go to the ICC immediately. They do now with the new statute. Yeah. They don't have to comply with.

Oh, they, they said, well, I mean, they, yes, they will go through the same checklist that the county board did. Uh, and, uh. The reason why the, the county county boards, not just the will county board other county boards have have denied it too has been because of public. Pressure the public does not want want this. So, uh. But all. the way the rules are set is if a solar farm or wind farm comes in and they check all the boxes, All the positive boxes, uh, in the, uh, what is what the statute says. That they can do if those are all correct, the county board must. Must approve it well, if they deny it, that's against the statute. So therefore it goes to the court and the court says, yeah, that. Yeah, they, they messed up. Yes, it gets approved, but now the ICC has that list and as long as that list. Has all the check boxes, then it would be pretty much automatically approved.

They're using the same criteria as the judge with it.

Yes.

Correct.

Right. It's just, it just bypasses the, the, the overloaded court system. And goes to a more administrative function and the might move quicker.

So, yeah, what we objected to, as, you know, last time was the fact that they use a whole non contiguous area. They jumped all around and made it 1.

Yeah, you're getting ahead. You're getting ahead of me. Yeah, that's in here. Uh, then now for the fee schedule, the fee schedule has now changed for solar farms and wind farms and energy storage facilities. It is. No, more than 5,000 dollars per megawatt not to exceed 50,000 dollars for energy storage facilities and then for when and so wind and solar also this 5,000 per megawatt, but not to exceed 125,000. And that is for the special use permits. Now, for the building permits, it would be $5,000 per megawatt, not to exceed $50,000 for the building permit itself. Now, the review of that building permit can be reviewed Of reasonable expense, not to exceed 50,000 dollars and the same with wind and solar, but those maximum numbers are 75,000 dollars. So, any questions regarding these changes that are required by statute.

Okay, a project within a mile and a half municipality. Yes, must follow their code for for for setbacks. don't they have to adopt the exact same setbacks that the state mandates?

No. Do we do?

No.

They don't? No. Okay. So then this does give some protection to people in municipal areas that are closer to solar facilities.

Correct.

I wouldn't like this in Monee. It's right on the edge of town. Okay. So municipalities can go tighter on setbacks than the state law.

Right.

The question of the 150 people in Waller House. Yes.

It's whatever is whatever is more restrictive. So, so if someone has a house, that's right right on their property line. Then that that 150 feet then then applies as opposed to so. So, it's 1 or the other that necessarily both. All right, moving on to the other recommendations. This is from our staff, and that is trying to eliminate all those variances that you guys see every time a solar farm pops up regarding lawn maintenance, the height of the grass and how many times they mow. To get rid of that, we're putting in A statement that if the applicant is going to follow the pollinator friendly, solar site act, that's in statute and most of them are. Then there are maintenance program that they submit to staff as part of the application then becomes the 1 of the conditions of the of the of the special use as opposed to the variance process that you guys are so familiar with. And then next, this came from our consultant. This is regarding what they call aircraft detection lighting systems. This is for the wind farms, the tall turbines, and they all have the red blinking light at night, and they all go off at the same time. regularly, and you can see the sea of red lights, and it's very hypnotizing. Well, they have a system where that can be turned off, and basically if a, I don't know if it's a radar or whatever, but some sort of proximity detector finds an airplane, They'll turn on otherwise that's turned off throughout the night. So it gives the residents a respite or those driving on the interstate. I don't know about you, but they are very hypnotizing on the interstate. So, so we have recommended that they be included. We are not mandating these be included, but being able to provide that opportunity for the applicants to do that. Not that we've seen many wind farms in will county, but it's there anyway. Now, back to the contiguous parcel aspect. We are now changing the definitions of what a subject property is, and it should mean all contiguous parcels, end of story. And with that, then when they come for a special use, that contiguous parcel can have multiple special uses, but it's just one application. for that contiguous parcel. And then the next contiguous parcel has its own separate application. So, yes, you might be seeing more applications coming through with that, but it then sets up contiguous parcel projects. And, uh, that's how we recommended to the county, the committee. Uh, we provided different options. This is from the, the committee of the county board, the land use committee, and they requested us to look at that. We gave them several options and this is the, the, uh, the option that they decided on. Do you have any questions regarding the staff recommended changes?

This is something that.

Oh, no, it will be each each application would be its own or each continuous property would have its own application. So you'd you'd be able to vote on. So, if it comes in. So, it was, we'll say we'll say that 6000 acres was 66 contiguous properties. So, instead of 1 application for the whole thing, you now have 6 separate separate requests for 6 different properties. So they can be approved or denied based on those individual properties as opposed to as a whole.

If I may jump in, it's actually you're still getting 1 zoning case, but you would have 6 votes associated with special uses. So you'd have 6 different special uses is what that provision is basically saying.

If they're non contiguous, give you a better chance to parcel out 1 that has particular issues.

Correct.

This aircraft detection flight system is that a pretty foolproof system because of it.

Yes, it could be if you remember the angel flight in Aurora, they had the radio antenna had its light even blinking and they still crushed into it. So the guide. Yeah, they got that guide wire. So they were below the, the, uh, the, uh, uh, the antenna. So, uh, it's also up to pilot too, but, uh, it's what the FAA requires. So, if the FAA is happy with it, we probably should be happy with it too, because the FAA does not fool around.

Similar to like your emergency people that or where you stop like, yes.

So, yes.

I believe the ceiling is 1,000 feet. You're not below, not allowed below 1,000 feet for anything, unless you're crop dusting or landing, or I guess helicopter emergency.

All right. See, now it's time for public comments. I did not receive any written comments. And are there any verbal comments from the gallery? No? Okay. Then motion to close the public hearing with a roll call vote, please.

Can I ask you a question then before we do that? Sure. So I have talked with county board members in the past about trying to come up with a way to assess an inspection fee yearly on the solar facilities. So that they can actually send a staff person out and it'd be paid for by the applicant or the operator of the facility to inspect that. There's not holes in the fence that half the trees haven't died in our leaning or in the case of pollinator habitats that are actually our pollinator habitats and not. Beds of thistles, is there a way that that could be added into on the. Natural planting part of the design or is that not that would not be part of it.

That would that's not this is about the approval process. So, make the long term maintenance. That's all right. It would be the same as as billboards. Uh, we, uh, went out there advertising the big billboards. They come in. Uh, we, we only can charge them. immediately for the application. And then it's up to us to go out and inspect those billboards on a semi-regular basis.

And you do that, and we do do that, but you can't charge them a fee.

No, because that's that's our, that's our policy of policing. Now, if they're out of out of compliance, then we can start talking because then they have to come in and get back into compliance and. That's when we can start charging fees.

We have plenty of people that are not confident that. Pollinators will be managed, right? I'd like a motion on closing the energy hearing Mr chairman motion to close the public hearing on the proposed text amendments from the clean and reliable grid act.

Okay. I have a motion second. I have a roll call.

Yes. Yeah. Yes. Yes.

Yes. Now, I like a motion to go back into our.

You know, our next step is findings of fact. Uh, within this within this process, uh, and that is, uh, that the findings of fact, assume a positive, unless the a commission member says otherwise regarding these 2 factors 1 does the proposed proposed zoning ordinance text amendment correct an error or inconsistency in the zoning ordinance or meet a challenge of a changing condition. And in this case, it is the change of state statute. So. Does so, unless you unless you disagree that this does not help with the change of the state statute raise your hand, but don't we have to open a meeting before we do this?

No, no. No, this is part of okay. Yeah, not in public.

You're not the only ones who can talk. Yeah. Yeah.

All right. And next is, is the proposed zoning ordinance text amendment consistent with the adopted plans and policies of the county and, uh.

I'll pull the board board. Where is your feelings?

I think we meet both criteria.

Yep. I think we meet both criteria on the board.

Yeah.

Okay. So, we'll see you, what do you feel?

Everybody else don't want to know if you if you. There's some sort of. problem with this, then let us know. And then that will be added to the minutes. But it's just a findings of fact. This is not your vote. Your vote comes up soon.

Okay.

We're in agreement.

Okay. Now, we have a roll call vote to recommend approval of the proposed text amendment to the Will County Board. And we'll need a second and a roll call vote.

Mr chairman, I'd make a motion to recommend approval the proposed text amendments to the book on. And they have a local.

John, yes. Roger bettenhausen Matt Garland. Louis never at Karen Warwick and chairman Houston. Yes.

So, what I heard tonight is it's a facility is going to happen to me and I don't like it. I instantly incorporate become a municipality. I think this on a king of the hill or something country Victoria, and then you pass your own.

Yes, you could. However, that instantaneous part is a little difficult. Illinois is very particular as to who can incorporate and who cannot, but I think we've done this considering this.

They want to do what?

Okay, I have actually discussion and I have actually heard. surmise from various counties that they think that they could beat this Illinois legislation in federal court. So I don't know where it is going to go. I hope Will Carney stays out of it.

Uh, for the record, this will go to the land use and development committee this Thursday. It begins at 11 o'clock and depending on how that goes, it will either go to either sent off to the September meeting. But if it goes forward on Thursday, then we'll go to the full board on August 22nd. Otherwise we'll go to the full board on September 17th. Okay, thank you.

Is there any reason for us to reopen this? All we're going to do is adjourn. And unless you have some executive session information or anything else. Nobody has anything for us on the county. All right, our next meeting is scheduled for August 18th. And I asked for a motion of adjournment.

Don't move.

Okay, most of the sector all in favor signify by saying, aye. Any opposed? Same sign. We're adjourned.