Kankakee County Board, IL Planning, Zoning & Agriculture Committee Meetings, 18 Jan 2023

Previous Meeting Next Meeting

⏯

youtube image

►

From YouTube: Planning, Zoning & Agriculture Committee Meeting 1/18/2023

Description

Planning, Zoning & Agriculture Committee Meeting 1/18/2023 9:00am

A

Good morning called a meeting to order for uh plenty zoning and agriculture committee for Wednesday January 18th. You get a roll call, please Mr.

B

Featherly here Mr Miller Mr Fairfield Mr long Mr, Swanson, Mr, eckhoff, Miss Foster, president Mr Ashcraft Mr, Scanlon, Miss Turner, president Mr Wheeler Mr, Alexander Hildebrand. We have a quorum.

A

Next up is public comment: I, don't do we have any public comment? I, don't have anything for public comment; no I'll be back there. Okay, we have approval of minutes from December 21st. Everybody got email that with the minutes in it, anybody have anything they want to change. They really get a motion to approve okay, Mrs, Webb, Miss, Weber, okay, Miss Turner, all in favor, say aye. Thank you, but to get a motion to move our zoning cases up to next um from um just they'll have to wait to do his building report.

A

A couple minutes get a motion to do that: okay, Mr Ashcraft, feather field back there, all in favor, say aye, okay, ready to go I'll get a motion too approved zba case uh 22-19 request for a special use permit in section 12199 c34 solar farm in the agricultural District on us parcel generally situated in Section 8 of Limestone Township. The petitioners are penozo farms, LLC property owner and Jeffrey Road solar, one LLC, New, Leaf energy, applicant.

A

Okay, tell turn.

C

On number three: please: okay: this is a request for a community solar garden by New Leaf energy for the property outlined in red on the map on the screen, it's owned by pananzo, panazo Farms LLC. It's an 80 acre track. They will be. They are proposing to put five megawatts of solar on the Northern 40 acres of this property. It's located in Limestone Township at uh 1000, South, Road and I. Think that's 6000, West Road, uh just to the West, is the Limestone Quarry.

C

There is a another solar farm on that little property to the east, up by 1000 row that 20 acres that is sitting up there. This went to public hearing on January 9th and was recommended for approval by the zoning board five to zero.

A

Okay, any discussion on this Miss Weber.

D

And that there was another little solar farm nearby and it's not populated by it. Hardly anyone I was wondering if there's anything at all with dynamiting at Lehigh that affects the solar power of the panels. That.

C

Never came up at the hearing. uh I would imagine if there was a concern the developers would have.

D

Developers would okay.

C

Would have looked into that.

A

Well, I hope so, okay, anyone else have anything to discuss there. Okay, get a motion uh all.

E

A

Got a motion already, so we do all pavers say aye.

E

A

We I thought we had it: no okay, Colton, first Carol Webber, second yeah. Okay, all in favor, say aye aye oppose same sign. Okay, next up is zba case. 22-20 is a request for a special use. Permit section, 12199c, 34 solar farm in the A1 agricultural District on a partial, generate situated section, 24, Bourbonnais Township. The petitioners are Alp, revocable, living trust, property owner and 2000 North solar, one LLC Leaf energy applicant.

A

Okay. Can you get a motion on this okay, Mr Scanlan, first Mr Wheeler a second or was that a question Andy every second, a second okay, uh okay, go.

C

Ahead now uh this is another Community solar garden proposed by uh New. Leaf energy uh property is owned by Alp Trust uh revocable living trust is the property owner. um It's a no ready for doing that. It's a large parcel around 100 and these things are good. 116 acre parcel it's outlined in red on this screen there.

C

um The road out front is 2000. North Road, which is North Street coming out of Bradley, and the road to the West is Skyline Road um they're, proposing a five megawatt uh Community solar garden on the northeast Corner way up at the top uh on 40 acres of the 116 acre parcel.

C

uh The uh access to the property would be between on that little sliver between those two uh home. So there would be a driveway installed that would go back to the new. uh The proposed solar garden, I just went to public hearing on January, 9th and uh zoning board did a recommend approval 5-0. We did have a letter of objection from the village of Bradley.

C

uh It should be in your packets, but if not um stating that it was adjacent to the Bourbonnais Township Park District's Willow, Haven Park, which is not true, Willow Haven Park is actually not even on that map. It's on the other side of the railroad track. Just just off the south of the map said they had environmental concerns with soil limitations, but the Kankakee County, Soil and Water Conservation districts. Natural resource inventory report gave it the green light and stated that they had no objection to this solar garden at this location.

C

They also talked about trying farmland and talked about how the solar, how solar Farms harmed the immediate area, reducing the quality life of citizens and reducing valuable Farmland, so that is on file, but the zoning board of appeals voted to recommend it. Five to zero.

E

A

A

F

So, which quadrant of that uh that parcel is that going in back the north east corner? Okay? So that's the right side yeah to the right. Okay up in the right! Yes,.

C

A

Was there any public comment or anything there.

C

Was public comment just was it.

A

Did Bradley Center representative? They.

C

Did uh and the park district did as well um we'll start with we'll just do them in order. Darren stoffenberg who's, not a Jason landowner, but Farms adjacent property had questions and concerns about uh field tile and drainage tile. In the survey process, uh Dave zanani from the park district uh stated that they had invested millions in the willhaven Park, which is a half a mile away and question the visual impact the solar farm would have on the par a couple mile away.

C

Yes, okay, passed a railroad in Banks trees, two houses, yes I, didn't think there was anything Craig Anderson from the village administrator from Village of Bradley submitted the letter that I did a synopsis of for you, John grishas, Commission, on a drainage dish on the drainage District that the property is a part of talked about Farmland preservation and how the county should include the broad productivity index into its decision making for solar Farms.

C

It's not currently part of our ordinance and probably won't be. When we get to House Bill 4412.

C

Jeff Humphrey bermanis Township's supervisor, uh he stated that uh the township has invested a lot of money into 2000, Road and I was concerned about trucks destroying the road he was reminded about universal access and that uh trucks can pretty much use any road. That's all taken care of with the world, commissioner so and there would be a road use agreement exactly and that has to be approved by you right. The township, well, Roadies agreement is between the road jurisdiction and the developer, no attorney involved in that. um If they want them, they can they're.

C

Usually the county usually are. We are not involved the only time we are involved. If it's a County Highway, then our County highway department is involved.

A

Anybody else have any questions.

A

Okay, it's all quiet. We had a motion in a second this time, all in favor, say aye aye opposed same sign: okay, I guess! The motion carries. Okay. Next up will be uh HB, 4412 discussion. Oh, we got to go back to the building report. Okay, get a motion to prove the billing and report. We don't have to vote on that. Yes, you do. Oh, we do okay, Colton.

A

Second, second, by Mr Fairfield, you don't want the money. Oh, let's see we'll go afterwards, go ahead.

C

Though, all right, it should be in your packet, the monthly building division report for December 2022. uh In December, we issued a total of 48 permits with a value of 3.7 million dollars and brought in revenue of 30 199 dollars. This is up just for comparison purposes: December the previous year, 2021, uh where you shoot 51 permits and brought in fees of 18 378 dollars. So it is up quite a bit from the previous year. Okay,.

A

I I had a question about the uh no new homes.

C

Yes, there were no new homes uh in December and not even mobile. A lot of this uh uh revenue and permits were actual small commercial permits. Okay,.

A

So you didn't really haven't. Had the solar, it's only the one there.

C

Were no Renewables.

A

C

Removals: okay.

A

Okay, anybody else, no somebody's got to have a question about something: no okay got a motion in a second all in favor, say aye aye opposed same sign. Okay motion carries, though you got approved okay. Next up, we have the uh storm water ms4 program, discussion.

A

Second, to you, Dylan.

C

uh Yes, you're gonna see this on our uh agenda every month. It used to be there uh pre-covered and somehow it got dropped off. Part of our ms4 program requires us to have regular discussions about the ms4 program. The ms4 program stands for uh Municipal separates storm sewer system, so it's four s's, that's why it's ms4!

C

Okay and what that is, is it's part of the Clean Water Act, and anyone who uh has drain tiles or uh storm sewers that dump into a a state Waterway such as the Kankakee River, must have an npdes permit that allows them to do so, which is the national pollution pollution discharge elimination system, they love their acronyms there. Okay I had to write them down to keep them straight, uh which we have a permit and to keep that permit active and in good standing. We are currently going through a review right now.

C

Having this discussion to bring up the topic every month is required, so I'm here to ask: does anyone have any storm water related issues they'd like to discuss? If not we can move on? But if you do it'll be here again next month, so.

A

You mean, as far as discussion about an issue or a problem, is that what we're discussing it.

C

Can be or it it can be, anything related to storm water, and it's uh it.

A

Hasn't, oh I, guess I'll call it myself. Yeah, it hasn't hasn't been an issue hasn't been an issue this year, but I have a real problem with Rock Creek up just north of my place there on um I guess that would be Spruce Street and then again down on by stoppenberg's place is down that way and then around the bend north towards the houses on County Line Road. It always floods in there and it's real bad I'd say there's at least two feet of water going over the road there by the bridge by Rock Creek.

A

So I don't know if that's considered storm water. If that's farm field.

C

That's probably flooding and flood plain, not storm water. If there's not a drain tile storm sort involved, then it's not storm water. Okay,.

A

C

That there is the pipes there I know that there is okay, it goes under the.

A

D

A

Anybody else have anything nope, so I guess the next meeting try to come up with something if you've got an issue in your area or whatever that you're concerned about or.

C

Not I have to bring it up, yeah well,.

A

We got it on the agenda. We may as well talk about it either way. These guys don't talk about anything today, everybody we.

C

Can't go home, we can't be everywhere. So if you know something that maybe he can do something about bring it to our attention. Okay, okay,.

A

Okay, next up would be the decommissioning plan for maintainer solar LLC. Yes,.

C

This is a you should have this in your packet. It's a decommissioning plan for our Manteno solar, which is located on the west side of Route 45 about a half a mile south of 9000 Road up in the Manteno area.

C

uh It was approved for zoning back in 2018 they're, getting ready to um they've applied for their building permit, and this is one of the requirements- is to have this decommissioning plan in place before we uh before we issue the permit, and they also have to provide a bond that supports this decommissioning plan and that is in the amount of 196 682 dollars.

A

Okay, the bond has us protected.

A

um These are all kind of all the same we've seen I, don't know the.

C

Format is always the same. The numbers change, because the.

A

Amounts of acres and things get bigger and smaller. Yes, come.

A

Okay, did we have a motion, a second on that one, no okay, Mr eckhoff is going to be the first I got it second in Mr, Ashcraft, all in favor, say: aye, aye; okay, don't all right! Now we're gonna go back down to the bottom right. Yes, okay, HP, 4412, discussion. Yes,.

C

Since we are talking about Renewables, the state and its wisdom has decided to uh pass House Bill 4412 at both the Senate and the house, and it is sitting on the governor's desk from what I hear waiting for his signature.

C

uh This bill greatly takes away exciting power from local governments such as Kankakee County, limiting setbacks, Heights screening, noise, Shadow, flicker decommissioning plans, Road use agreements and drainage requirements for these facilities. Pretty much have to rewrite both our solar and wind ordinance, I've already started on it, we're up to 16 Pages we're digging into it pretty deeply.

C

uh It also Alters the approval process taking much of the decision making away from the local community, uh and it does not. You know it. It's in conflict, I, don't say violation but conflict of several other state laws such as zoning law. Where it does change the process, it doesn't take into account. The account is right to have a hearing officer. We do not have one, but some counties do it doesn't even take that into account.

C

uh It doesn't take into account a County's desire if they wanted to make them a permitted. Use instead of a special use does not take that into account and it does go against established selling processes and practices which we will get into.

C

It also changes the requirements it needs for various supporting documents and review process.

C

And here's a big one in the ordinance are the statutes a county may not adopt zoning regulations that disallow permanently or temporarily any wind or solar Farms from being developed or operated. So the idea of a moratorium on them or restrictive zoning that would not allow them at all would be a violation of this statute.

C

That's a big one yeah! So if you yes go ahead, go it.

E

Says it does not say shell nut well we'll get to that. But okay number.

C

One says, may not I think the meeting here is shall not.

A

E

Of these I'm so surprised.

A

I'm up yeah the things that are coming out of the Springfield right now are just it's like a bad dream, because the whole purpose of us, we should have the right to say we don't wanna, we got it up, we don't want any more. We had enough and everybody would know- and they wouldn't come here anymore and want to try to get them applied unless they really felt they really wanted them.

A

um That's why I have when I've read through a lot of that? It's a lot of it's legal mumbo jumbo, but uh dell breaks it down pretty good, pretty layman's terms for us and I, don't know how we fight it. Yeah.

C

I know I think the the doors closed on that, uh but it's very clear that they talked to the development Community when they wrote this and did not talk to any local governments when they when they wrote it. That's very clear: absolutely everything is in favor of the developers here so.

A

Let's move on, but even though well you get ready with that calm down tip quickly, got it very passionate.

C

A

So yeah, okay, he's gonna talk about Zoning for a couple minutes um we should have every County should have the right to save whether they want it or they don't want it. The people in the county say have the right to say that there's no calls or letters or emails. We can send this once it hits the desk I. Guess it's the pen at four in the morning, huh I.

C

Think the best you could hope for would be a trailer bill that would clean up some of this catch. It. Okay, Mr, eckoff,.

E

That's working so well other places.

C

Yeah right, I am still waiting on the AG experience uh trailer bill from a year.

C

um So can we move on.

F

Just really quickly, so mainly this bill was just to go ahead and enforce all those counties that went ahead and said no solar, no wind in our County.

C

I mean there, there was some things going on out there I know of one County that has a half a mile set back from residential it'd, be almost impossible to for solar and win for wind, oh okay, that would be almost impossible to cite one, at least in our County, and be a half a mile from all residential there's, always a farmhouse somewhere.

F

C

In essence, you're disallowing them with a setback that large there's that there are some stories of uh road jurisdictions holding them hostage over the road use agreements, counties with decommissioning plans that are absorbing it in excessive fees. So there is some of those stories out there, whether they're, true or not, I, don't know so. This definitely fixes some of that, but Kankakee County was not one of those counties so.

F

So that pretty much calls out the counties that were 100 against it and that's why they went ahead and created this Bill. Yes, I think I.

C

Think so that's how I don't know the description they didn't ask me. Okay, so I don't know for sure, but that would be my impression of it as well. So.

A

Who's responsible for pushing it through. Do you have the Senator's Name by chance.

C

No I do not okay, not not offhand pardon. You can certainly get to it and see.

A

Well, if it only applies to counties, that's okay, but they shouldn't be allowed to come in and put them um windmill on the lot. Next to my house, because then things got, we got fall zones that they fall down. They don't hit anything and all that they're talking about taking all that away and putting whatever they want to wherever they can fit. One. It's Illinois! It's.

C

Not all bad um State still allows counties to regulate the siding of these wind and solar Farms as long as our regulations are not more restrictive than the states. uh Unfortunately, there's not much wiggle room there at all, so they really didn't give us any. Can we be at Sanctuary, County um well, home rule County could could be different. Yeah.

A

How many more people do we need to get to home rule.

C

um 130 right and we have to now allow them in any District that allows agricultural or industrial use. Currently we only allow them in the agricultural District, but it doesn't say agricultural District, any agricultural or industrial use, so they could be in our residential districts. Since we allow agriculture on 20, acres or more, and if they were to look at their own State zoning law, they would know that agriculture is allowed in any District as long as it's the predominant use of the land.

C

So in essence it could be anywhere.

A

Okay, another week, nothing we could do about it. Oh Carol, all right. Thank.

D

You wasn't there a part of this that wasn't enumerating how to calculate the decommissioning amount, that it included the property value, the things on the property already, instead of making up new.

C

Not in this we'll get to decommissioning plans and how those change, but no uh hey, here's a good one. The project must be approved by the County board. If the project is in compliance with the requirements of the statute that is in there, it must be our uh standards. Our findings affect our standards, don't matter which is in conflict with State zoning law.

C

As long as they meet the criteria spelled out in the statute, the County Board must approve it. So I'm not sure why we're we. It requires a public hearing. If, what's said at the public hearing, doesn't matter I, don't know why we're required to have one so we can get beat up instead,.

A

Of well so they still act. At least they had a chance to say something so.

C

I mean that's what they're saying what you, what what our citizens have to say, doesn't really matter. Okay, okay also gives me well. This is already in a law, not this particular one, but municipalities have citing Authority for wind within their one and a half mile boundary, so a mile and a half from municipality, even though it's unincorporated County and for everything else, we have citing Authority for any other zoning case.

C

We no longer have it for wind, which brings up some questions as to who has building permit authority over those we're, not zoning them we're not citing them. Do we still have building permit Authority. It does not mention that what happens if the municipality has different regulations than the county I, don't know.

C

That brings up a lot of questions and none of them are answered in the statute.

A

People's Republic of Illinois impact.

C

To the approval process, according to the statute, adjoining property owners no longer need to be notified. It says that we must put a notice in the newspaper of General circulation. It gives no guidance as to house how far out that notice needs to be in or what that notice needs to say.

C

The zoning statute does it's 15 days and there's a whole criteria of what that must be in that notice. But the statute gives no guidance whatsoever as to what that is.

C

So, as we must hold a public hearing, no more than 45 days from the receipt of application and all interested parties must be allowed to prevent present evidence and cross-examine Witnesses all good and democracy, but I'm not sure why, if uh what they say doesn't and their evidence doesn't matter.

A

A

C

Can't believe this and 45 days from filing very often applications are filed with the county clerk and when they come up to our office, we find out that they're, not complete items are missing.

C

So are we supposed to move forward with that application, even though it's not complete normal zoning practice gives us five days from receipt to determine if it's complete and then it's not officially filed till we made that determination. This does not say anything about that and what happens if it's not complete, I guess we move forward anyway,.

C

From the public hearing, the County Board must make its decision no more than 30 days from the public hearing So within 30 days. We have to have a pza meeting. A County board meeting doesn't take into account the possibility of a meeting being canceled or no quorums does not say you must have a meeting 30 days from the public hearing says. You must make your decision 30 days from the public hearing, it's a very tight timeline and most likely we will have to have special County board meetings or PCA meetings to accomplish that.

C

A

On the county, are they going to compensate you on your budget for holding another public board.

C

Meeting my budget strings are held by the County Board, and so that would be a question for yourself.

A

Well, it's like four or five thousand dollars. I have a meeting I, think yeah.

C

And it gives no guidance. What if the county fails to make a decision? Is it automatically approved? Put us all in jail, probably doesn't say what happens if you don't make a decision.

C

Also another conflict with zoning law. Zoning law gives municipalities and Township 30 days after a public hearing to formally object to a zoning change. Oh did I I forgot to push the button. Oh there. We go sorry about that.

C

If the County Board has to make its decision 30 days after the hearing, how do you fit in the 30-day subjection period for municipalities and townships? You can't do it.

C

That's that's a huge conflict.

C

And also there's no guidance on. When does the public hearing actually end?

C

We've had public hearings, it's gone multiple days over the course of months.

C

uh Once the governor signs this, we have 120 days to adopt our ordinance. That's in compliance with it.

C

That's a pretty short time frame when you think about having to go to zoning board pza and County Board State's, Attorney, State's, Attorney, review 120 days isn't very much, and any change to the ordinance must go before the zoning board of appeals and have a public hearing on this ordinance.

C

Change fees must be consistent with projects of a simple, similar capital investment and cost uh did some calculation on ours and ours are already in line with it, but we will have to make some changes because we uh we charge a flat fee for both solar and wind. If we go back to our application fee and so much per acre, it comes out to about the same anyway, so there isn't a huge difference there, but the way we we charge the fee will have to change.

C

uh Some counties were requiring property value guarantees for neighboring adjoining properties that would not be allowed under this new statute doesn't affect us. We don't have any of those.

C

Requirement changes, um as I said earlier, findings effect, which is the county standards that every zoning case must meet, don't matter so no longer required.

C

The natural resource inventory report and the Lisa assessment score is no longer required because we cannot require anything, that's not in the statute. We cannot be more restrictive and it doesn't mention that at all which conflicts with the state law regarding natural resource inventory reports that says they are required for all zoning cases and these changes so yeah.

C

Clearly, whoever wrote this hey has not practiced zoning. Yes,.

A

F

Just a question: what happens if we don't go ahead and do anything with our changing our ordinances? We don't comply in that 120.

C

Days, I, don't have an answer for you. Are they automatically approved? Can they just do what they I? Don't I I have to talk to the state's attorney about that I I. Don't.

A

Know it's a problem when you have a governor that wants to run for president well he's trying to get as many.

F

Agreements I think it just sucks that you have people that don't know what they're actually talking about down in Springfield like usual. But uh so can we go ahead and send this to our state representative, what you have and our state senator to go out and see if they would introduce a bill or trailer Bill and.

C

Go ahead and change I know at least parts of this have already been sent to some of them. Okay, Mr Wheeler has been wheeler, has been working on that I'm sure, because that's our we get a lot of that and that's where the talk of a trailer bill has came in. So that's where.

F

That's at mom I say just don't comply. That's my personal opinion.

A

Well, it doesn't okay.

C

If, depending on what the consequences.

A

Are if it's 30 days in jail, I'm, not really up on that I mean.

C

If they're automatically approved where's.

A

Chad, bread.

C

And butter I would rather have at least some oversight and regulation. Then none at all so agricultural impact mitigation agreements- they're really uh banking on these- um must be executed prior to the hearing.

C

What if it's not I've got a 45-day window to have a hearing from the time of application, so a completed application would have an executed Amma with it. What happens if it doesn't.

C

uh It lessens and or eliminates setbacks that we already have in place and all setback requirements can be waived by agreement with an adjoining property owner. That, in of itself, is not bad. If the neighboring property owner doesn't care about the setback, then why should we?

C

But it does lessen all of the setbacks, in fact uh where ours, on a solar farm, for example, requires them to be set back 50 feet from the property line. The new one would require them to be set back 150 feet from the nearest wall of a occupied dwelling.

C

So could let them come all the way up to the property line. If your house is set back a little bit farther um that in itself, though, if it's up to the property line could affect how you might develop that part of your property over there.

C

And possibly the value, but we can't have any kind of value guarantees because it Outlaws those uh limits, fences to between six feet and 25 feet in height. It doesn't really change ours. Ours was uh eight feet tall, so we need to buy yes, okay, there might be some counties out there. That was requiring 50-foot fences. I, don't know, I'm not really sure about that one, but it gives no indication of what type of fence does it need to be a security fence? Can it be a picket fence, I I, don't know.

F

Agricultural events, possibly yeah yeah, and we just proved one.

C

Though, yes or something something totally strange pilings is that a fence, I I, don't know as long as it's more than six feet tall I guess it is cannot require berms, though. uh Oh sorry, maybe it's not a good idea that I actually do the advancing too um noise. Currently, our noise levels is 50 decibels at the property line.

C

um Now it must be in accordance with the Illinois Pollution Control board's uh code, which I don't know what that means, whether that's more restrictive or less I suspect less I've, not really dove into that part of it.

C

Decommissioning plans and bonds if required, doesn't require us to have one uh cannot be more restrictive than the plan and bond required by the Aima.

C

The AMA AG impact mitigation uh requires a decommissioning plan and a bond and has since 2018-19 and as another level of insurance, the county has always required a bond and decommissioning plan as well. So we have to ask ourselves: do we still want one? If it's absolutely required by the AMA? We probably do, but we can't be any more restrictive than theirs. Ours requires the full amount on day one. The AMA is a progressive scale that starts out at something like 10 percent for the first three or four years and works its way up.

C

You don't really get into 100 coverage until about year, 15 or 16..

C

Another part of that too. We require salvage value to be included. They cannot subtract out salvage value. This clearly states that we cannot include salvage value, explain that well, there's a there's a cost. You want to speak, please there's a cost to remove these right and once you've removed all that material. There is a salvage value that that material is worth that you can sell to get some of your money back from the removal. Okay,.

E

D

C

That can be a zero sum. The salvage value is worth more than what it'll cost to remove it. So therefore they don't have to give us a bond at all foreign to prevent that, because we don't know what material costs and you know, solid values will be in the future. We require them to give us a bond for that amount. Anyway, we no longer can do that so.

F

Do you have to go ahead and return that money back off that salvage value of that Bond, then why.

C

Anything that we've already approved as far as I can understand is not affected by this.

A

Okay, it's not great so.

C

Everything at all everything that we've done in the past. It's only moving forward once this is signed, but I will probably have legal look at that to make sure okay, there is some, because there is some language in there is that they come up for a renewal or an extension. Then this does apply.

C

uh Where were we, we can require vegetative screening, but we can't require Earth and berms we've already required. We, we had a kind of a loose vegetative screening. uh It didn't make sense for us to have uh vegetation around if it's surrounded by Farm peels.

C

um So we we allowed the developer to give us their plan of how it would work. We did require it if there was a residential property next door.

C

um This doesn't really change that we still can require the vegetative screening, um no Earthen, berms I. Don't know why there's a problem with Earthen berms, but apparently some County somewhere must have required some large ones or something like that. 200 footer, so it doesn't allow that. uh Are we install the same one blade tip height? Currently, ours is 699 feet that a Wind Tower can be. uh We will have to change that.

C

There is no height that we can put into our ordinance because it is required on a case-by-case basis by them getting a no Hazard to navigation determination from the FAA, so one could be at 400 feet and another one could be at a.

E

C

Feet, we don't know until we get that letter on a project by project basis.

B

C

It's a harder ordinance, we'll just say that they must provide us with that letter.

E

C

So they won't necessarily be uniform uh impacts to requirements. Echocat is still allowed and required, but the NRI is not.

C

um They must comply with the U.S fish and wildlife services land-based wind energy guidelines and solar Wildlife guidelines.

C

uh Best I can figure that they meant for that to replace the NRI, but failed to change the natural resource inventory law to reflect that pollinator friendly ground cover is still required, but weed and grass control plans and regulations are not allowed. They have to get a plan from DNR on how they're going to maintain it and that's what they must follow and that may also come conflict with noxious weed laws.

C

Okay, so our weed and grass control plans can't require those anymore.

C

I need larger text up there. I suppose Road use Agreements are limited to reasonable cost and must be uniquely attributed to impacts and damage. uh It fails to refine what to Define what reasonable means and I've dealt with very unreasonable people at points in my life. So I know that people have different uh theories as to what that means uh they are allowed, but not required. We may very well be removing Road use agreements from their solar ordinance. We will keep them in and wind, because wind does require changes to the road Network.

C

Solar does not appear to uh be more damaging to our system than any other particular use.

C

I, don't know who determines what is uniquely attributable I'm, not sure what reasonable means and here's a real big one and I'm not sure why the drainage districts across the county aren't up in arms, about it, authorizes developers to Cross or impact Drainage Systems under the control of a drainage District without agreement or approval simply really a promise that they will fix what they break is all they have to do, and it says they must repair them within a reasonable time after completion of construction.

C

So if you have a 200 or two year construction period and they break it on day one they got two years to fix it. I, don't know what kind of damage that could do during that period of time and and what's a reasonable time again, who's importing that the zoning police I don't enforce Illinois drainage law, so awesome that would be the courts. I guess we're the zoning police and much of that is in conflict with the Illinois drainage law, which did not change, affects our ordinance for wind.

C

We will no longer be required able to require a maintenance plan. Emergency Services plan, proof of liability, insurance, increased limitations to decommissioning plans and bonds. It'll reduce our setbacks. It eliminates regulations for outdoor storage, signage clearance, anchoring appearance, burial of wires, Mr uh uh yeah. uh Well long long. Thank you, uh I know, I, know, that's a big thing for you, we'll no longer be able to require them to bury wires. So.

E

Do they have to adhere to the Natural.

C

Electric transnational Electric, Code and other state laws, yes, but we can't require them to and Lighting.

C

And for solar does change vegetative buffers ground covers and their Associated maintenance plans interconnect agreements. We require them to show proof that they have one uh with ComEd can't require that anymore removes Provisions for drainage systems and drain tile protection limits, decommissioning plans and bond requirements again reduces setbacks, eliminates our regulations for foundations, power and Communications lines, signage, outdoor storage, appearance performance standards and the burial wires and Lighting.

C

So, and that's my take on it so far,.

A

What's that get we don't know when it gets signed now, no.

C

I have no idea. I know. I have 120 days from the time that happens.

A

I wonder if Chad knows about the drainage, tile, stuff and.

E

A

E

Was disgusted uh Great Lengths at the Farm Bureau meeting two nights ago what to do and how it's going to affect, and it was discussed greatly at the Farm Bureau meeting a couple of nights ago. I have some of his notes.

E

You know basically reiterating what Delbert told us. uh You know you can't Farm without drain tile and if you disrupt the drainage system, we are living on a marsh that is dreamed by tile.

E

um You know and there's no Rhyme or Reason for taking my rights as a person who owns a field with drainage Style. You know. If my tile goes through the next person's field, then it becomes a solar field and you disrupt that tile that I can no longer drain. My farming is blood it'll.

A

Flood yeah, the WPA, put quite an intricate system in when they did a lot of that in the 20s. That's.

E

Not only the WPA that the drainage districts exist to drain Farmland, so we can Farm it yes and that's throughout Illinois Will County Kankakee County that every County I'm sure has a drainage, District or more.

C

Yeah 52 of them yes- and there are many areas of the county- would be a marsh without our drain. Tiles correct, especially where I'm at up there at Manchester, go back to the 1880s 1870 maps that are in the recorder's office. You can see where they're outlined Marsh area Marsh air they're, not there anymore because of those drain, tiles.

E

Yes, it's a problem. Okay, the whole thing is a problem. Yes,.

C

I'm not sure it's going to get fixed.

E

It takes a lot like the other bills that have been passed over the past two or three months. Well,.

E

They don't often agree with whatever exists prior to these new laws. Yeah.

C

Including their own, existing laws- correct! Yes, yes! Well! All right just wanted to bring you all up to speed on where we're at on that yeah I.

A

Got it just every time we talk about it and I read up on it. I just keep getting like where's this coming from you know, but it must be a really good lobbyist down there for the solar people in the Wind Farm people. This.

C

Was similar to the cell towers, if you remember back in the.

A

1980S each.

C

County municipality was regulating cell towers anyway, they'd they'd like, and there was all kinds of regulations, and now there is a strict set of State guidelines to follow for cell towers, so very similar.

E

It also kind of kind of Falls. It falls also follows the laws that changed last year that allows any utility company to have eminent domain, because if they want to do it, they can do it and there's no defense for a property owner there. You have to pay for to try and keep your own property.

A

Well, certain people would like to be able to say that they got this. You know assault weapons being taken away and they got the zoning laws changed, so they can put solar farms and windmills anywhere. They want to renewable energy stuff everywhere, and they want to be able to say that they did that all in their home state. So that's why we're getting all this stuff crashed on us? That's how it works.

A

So I have to wait to change it.

E

A

Dell is that all you had on that? Then anybody have.

E

Any more discussion.

A

On that, no it's pretty frustrating item. Okay, uh zoning training, discussion.

C

Discussion on solar wind, so we'll talk after me. uh Yes, uh if you recall last month, I uh I have a four-part series of uh zoning and planning training that will help bring the new members up to speed on how things work. um This is part two, it's kind of a crash course uh overview of zoning itself. Next month we will get into our actual ordinance if we still have one and I'm not sure how that's going to play out. uh But anyway, how does County the county get the power to Zone?

C

We get the power to Zone from the state uh through Dylan's rule Dylan's law, uh which states that counties and municipalities that are not home rule have only powers granted to them by law. So you can't just do what you want. As you can see, they changed the state law and we have to comply, so that is known as Dylan's rule as a judge back in the 1860s in Iowa that wrote that rule- and it still holds true today home rule communities which the only one in our county is well City of Kent.

C

Key and Village of Hopkins Park are the only home rule communities in our County. They, unless specifically outlined in the statute, that it does not apply to home rule communities, have the ability to go against state law. In many cases uh that talks about Dylan's rule I, think I've probably covered that enough, but it narrowly defines the power of local governments.

C

Under that yeah, the power is granted to the express words of the statute, private act or Charter, creating the municipal, Corporation or the county. It's a fairly implied or incident to the powers expressly granted. So if it doesn't tell you you can do it, you can't so that's why zoning has some some very strict guidelines to follow, because we must follow what is outlined in the state statute.

C

What governs our zoning? Well, the Illinois State Statute 55 ilcs 5 division 512 is the County zoning statute. I'd recommend reading that. Sometimes it is great late night reading yeah, um but.

D

C

The process of how to conduct public hearings who to notify when to do so uh agricultural exemptions um and uh gives us our zoning Authority, our local zoning ordinance that is derived from that state statute on what they allow us to regulate and not regulate. How to do so, and everything is governed by case law, because when these laws are written and then the courts decide how to interpret them so case law fits into that decision-making process. Quite a bit history. Now it goes all the way back.

C

Zoning goes all the way back to the foundation of this uh country. Even in colonial America, we had some forms of zoning, but it really kicked in about 19 uh 1916 or so in New York City, when they appoint appointed a zoning commission and created the countries first standard State zoning enabling act which was passed by many other states, which is where our state statute for zoning is derived and was again done in 1928, which brings us to by the way those are all on the APA test, those dates and all of that so.

C

um Your quiz, so that's where zoning came from um many landmark cases there planning. What is planning planning is the orderly, open approach to determining local needs, setting goals and priorities and developing a guide for Action. That's what our comprehensive plan does and you'll probably be hearing a lot more of this in the future.

C

As we have discussions about updating our plan, because our plan was last adopted in 2005., it's getting fairly old planning is a concentrated effort by a community to reach a balance between the natural environment and development, residential commercial, industrial, the agricultural community.

C

It's a guide, it is not law, it is a guide for officials such as yourselves and our citizens to use in making decisions that will affect the community. So whenever you have a zoning case before you, you should consult the plan and what the plan says about that particular piece of property and what the future of it should be. And if the request follows that plan, you should approve it.

C

If it's in conflict with the plan, ain't no vote would most likely be appropriate and change is always inevitable. So that's why we plan, because change comes when our plan was written. For example, Renewables were not a thing, they were not on the uh they were not on the radar, and now they are so. Our new plan should take that into consideration. Somehow, if we still have the ability to regulate them at all, what planning is not?

C

It doesn't replace Market forces of supply and demand. It helps shape and channel those forces, though it is only a guide for action and implementation, which is why you should always consult the plan.

C

It is not an instrument for immediate change.

C

Normally, you would write your plan and then you make changes to your zoning ordinance that help further that plan. These things take time and it's it's over time. So a plan, that's 20 years old is not horrible, but it does need to be updated.

C

It's not a silver bullet, it does not solve all of your problems and it's not static. You don't do it one time you do update it periodically over time, and this is not just comprehensive plans. It's all plans. Our transportation plan gets updated every five years.

C

Zoning is the tool that you guys get to use to meet the goals of that plan and to further the implementation of the plan.

C

So what's a comprehensive plan because there's many different kinds of plans, it's a policy guide for physical development, usually there's a map associated with it of the area, and it tells you what uses are allowable in each area and Zoning requests is how those areas get changed to those uses.

C

It is a vision for the future and visions do change. They are General in nature, they're, not usually specific down to an exact site and shouldn't be because that would be a development plan, not a comprehensive plan. It is not an ordinance, it's not law, they're, Dynamic and flexible. They should be reviewed periodically over the course of their uh useful life um and they are a legal basis for land use decisions.

C

Many times when we are challenged by a in the courts by a zoning decision, the judge is going to ask what does the plan say and if the board followed their plan they're in a good they're in a good position if they didn't follow their plan? Maybe not.

C

Planning process it's multi-step Endeavor uh should involve the entire Community, there's a series, usually there's a series of public meetings and hearings, and it focuses on answering these four key questions. Where is the community now? That's where we look at existing land use infrastructure, the culture and demographics of the area? So where are we at now? How did we get there? We look at our history.

C

Where does community want to go and that's where the public meetings come into play? Everyone gets to speak about where they would like to see the county to grow and then the goals and objectives. How do we get there and there's different portions of the plan and I? Think that's uh going to be session. Number four, where we talk about that, because there's different components to the plan: Transportation environmental land use is just one of those components, but one talked about probably the most.

C

What is zoning?

C

uh It's a regulation of land use through laws which apply to specific designated Geographic areas which are zones or districts.

C

It's a police power that the county possesses that's enacted by the County zoning statute, and we have an ordinance that allows us to do that.

C

It consists of the text of the ordinance and a map both of those are combined to create our zoning law and they're, typically regulated by districts such as ours is, and those are called euclidean zoning, which goes back to a a case back in Euclid Ohio, where they did one of the first ones where the town was divided out into districts and it was challenged and that's why, if it's divided out into various districts such as ours is which is the oldest form of zoning, uh not your more modern form-based zonings that is called euclidean zoning there's a little bit of History up there again.

C

It goes back to 1916. with the actual laws pertaining to zoning, as we know it today, and it all has to be within the Constitution uh there's some pertinent quotes up here. I, don't know if you want me to read them all, but we do have to allow for due process. uh We have to avoid takings. uh Regulations cannot be so restrictive that it would be considered a taking if it is, then you have to compensate for that um and- uh and so the I will send this out after the meeting.

C

So you can read up on these and research them if you'd like there's various.

C

Various case law pertaining to uh zoning and how it's applied uh again, that the main Amendment taking a big case on that was Dolan versus city of Tigard, uh dealt with property rights and served to establish on the ability of cities and other government agencies to use zoning to regulate and regulations, to compel Property Owners to make unrelated public improvements, which is why, when it comes to zoning, we can't put conditions on zoning says: You must fix the road out front too, or you must donate to the to the local charity. You can't do that.

C

Any improvements must be directly related to the impacts that that zoning change will cause.

C

We have to uh make sure that everyone gets their due process guaranteed by the Fifth. Amendment needs to be fair and equitable and reasonable relationship to public interest. If we're going to regulate, we have to tie it to a reasonable public interest that we are trying to protect first amendment that comes into play in some cases, especially when it comes to signage, adult uses, the protection of freedom of expression and freedom of speech that that does come into play in zoning law.

C

uh Illinois, religious freedom, restoration, Act and the federal religious land use and institutionalized persons act that known as arlupa. uh We have many discussions every year at our conferences about these. We shall not substantially burden exercise of religion without compelling justification. So whenever you have a house of worship come before you, it takes it to a different level, of course, Fair Housing as well anytime. You have a group home. It takes it to a different level.

C

If you're going to deny, you need to have a very, very good reason to do so, and we follow due process in public hearings, although I'm not sure that the new statute over there complies completely with that.

C

So all cases must meet our standards and those are those stands are known as the findings of fact, over the years back in uh I think as well. Yeah 1960 or 1957 LaSalle Bank versus Chicago of Chicago versus County of Cook. uh The judge at that time said that their decision needed to be made based on facts and decisions for zoning should be based on the same set of facts, which is our standards, so those known as the LaSalle factors have morphed into findings effect over time, and they were uh at that time.

C

I think there was only six that the judge suggested that they utilize and uh Sinclair pipeline versus Village of Richton Park in 1960, further clarified and added some findings to it.

C

So, and you can see the list there, I don't know if you can read it from here, but those are some of the suggested findings effect from the judge at that time, but they have been refined over the years.

C

Primary goal of our zoning ordinance is to avoid conflicts between land uses and that's why we create districts and groups similar uses together if they're similar uses they're likely not to have conflicts with each other and we try to keep keep incompatible uses in their own categories.

C

Zoning has two primary functions: establishes a list of land uses that are permitted in each district and for each one of those districts it establishes bulk regulations, bulk regulations, being height width setback, so all of that is different in the R1 single family residential district than they are in the A1 agricultural District, because those uses have different needs.

C

The districts are established on an official map and we re-adopt our map every year, usually around March, and that is on file. The official map is on file at the county clerk's office. If you ever need to see the official map that one is signed by the clerk and the chairman of the board uh when it comes to uh uses in a district, if it's on the list of permitted uses it's allowed in that District. If it's not on that list, it is not allowed in that district. There is no variance for a use.

C

If your use is not a lot that you want to do on that property is not in that District. You must change districts. Then we go to our comprehensive plan and determine if that District and that use would be allowed in that area.

C

Sometimes you have a row of houses, but you want to convert that area to commercial, because it's right next to your downtown or along a highway Corridor that you really would like to see commercial growth, in which case if one of those houses wanted to be rezoned to commercial for a real estate officer, something you would allow it, because that would be consistent with your plan.

C

But if your plan said no, that area should stay residential, then you would not approve that zoning case.

C

Each district has a set of special uses associated with it. These are also compatible uses, but because of some type of uh issue with them, they need further scrutiny and a special use permit in that district is required to establish it so that the County Board has a chance to take a look at it.

C

Yeah there we go special uses now, and those kind of things would be like say a one example: that's usually used is a commercial district and a restaurant might be allowed, but a drive-through with a loudspeaker could trigger a special use, because that might do more, have more impact on the surrounding properties and neighborhoods that that that's an idea, solar Farms, are a special use in our district, our A1 District, currently because they could have an impact and needs to be looked at by the board.

C

Table to farm are exempt because of the AG experience Act. Yes,.

A

They are just got passed just recently.

C

Which was a year ago, yes, we're still waiting on the trailer bill on that one, because just like this one, it fell very, very short of understanding what zoning actually means and how to apply it.

C

uh We already talked about bulk regulations, uh and most zoning codes in ours included uh have additional regulations that apply to all districts, those for accessory structures, access, parking, signage and there's. Usually language about non-conforming, uses lots and structures as regulated by the state statute.

C

um I already talked about there is, you know the zoning ordinance consist of the ordinance and a map. There's the text of the ordinance. That text can change when the County Board would like it to change some of the zoning actions that would come before the zoning board and then to this committee and ultimately, the County Board would be an amendment to that text.

C

A map Amendment anytime, you rezone property. That is an amendment to the map so submit to the ordinance special use permits variances, depending on the variance some variances. If they're minor stop at the zoning board level- and they are the final decision makers, others come all the way to the County Board and plan development or planned unit developments uh would come before the groups and any appeal to a zoning decision by me or my staff would come before you. Well, actually those would come before the zoning board. They would not come to the County Board.

C

And I think that's where we're going to stop for the day, we'll get into our actual ordinance next month, boom.

A

Anyone have any questions anymore for okay, Miss, Andre,.

G

Please mine's from last meeting or this one in our emails, so we can from the slideshow I.

A

Think he's going to put it in now right, though,.

C

This one I will email to Kelly, just like I did last month, I.

G

Haven't received last month.

B

I'll resend it to you, it may have been because of the p in.

G

Your oh! No! Oh thank you. Yes,.

F

A

It okay, no questions because you've been looking like you've been asked. One I'm.

G

Just interested to see how, with the new law that came in with the wind and solar, is going to affect all the zoning, because it was it's gonna be interesting. Yeah because you, it said something about residentials can also have that so yeah.

C

We have to allow it anywhere that we allow agricultural or industrial use, not.

G

C

Use yes, allow agricultural use in the residential district on 20 acres or more so we would have to allow it in the residential district on 20 acres or more.

G

So does that change any organic? um The word um gosh.

C

We currently don't allow it in our residential district at all. Okay,.

A

Some of the towns have started to look at allowing them, but they have a fall zone problem we have to be has to it can't fall and hit a building, so it couldn't be high enough to work very good that close to the ground. So that's the only thing that keeps it from happening from wind, otherwise you probably have, when everybody have one in their backyard, like solar panels on their roof, so yeah.

A

Anyway, that's all we have, though, that's what I have yes, okay, how about anything for planning for number six today, no, nothing for planning anybody have any old business. None anybody have any new business. We have none.

A

In that case, uh Mr kirkster made a motion. Oh okay, you were okay, okay, thank you! Miss, Weber, okay, I! Think it's second by Mr, Ashcraft, all in favor, say aye.