McHenry Times

City of Woodstock Plan Commission met Oct. 20.

Here are the minutes provided by the commission:

A regular meeting of the Woodstock Plan Commission was called to order by Chairman Cody Sheriff at 7:00 PM on Thursday, October 20, 2022, in the Council Chambers at Woodstock City Hall.

A roll call was taken.

PLAN COMMISSION MEMBERS PRESENT: Arturo Flores, Steve Gavers, Doreen Paluch, Richard Ryan, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Rick Bellairs and Jackie Speciale.

STAFF PRESENT: Building and Zoning Director Joe Napolitano, City Attorney TJ Clifton, Executive Director of Operations Christina Betz, City Planner Darrell Moore, and City Clerk Cindy Smiley.

APPROVAL OF AGENDA

Motion by Paluch, second by Ryan, to approve the Agenda as presented.

A roll call vote was taken. Ayes: Flores, Gavers, Paluch, Ryan, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: Bellairs and Speciale. Motion carried.

ACCEPTANCE OF MINUTES

Motion by Paluch, second by Ryan, to accept the minutes of the August 18, 2022 Plan Commission meeting as presented.

A roll call vote was taken. Ayes: Flores, Paluch, Ryan, and Chairman Sheriff. Nays: none. Abstentions: Gavers. Absentees: Bellairs and Speciale. Motion carried.

1. PUBLIC COMMENTS

There were no comments forthcoming from the Public.

2. OLD BUSINESS

There was no Old Business

3. NEW BUSINESS

a) Public Hearing – Fence Variation for 830 Manke Lane. Petitioner Charlie Oliver, Owner Chairman Sheriff stated this is a Public Hearing to consider a fence variation for property located at 830 Manke Lane.

A roll call was taken.

PLAN COMMISSION MEMBERS PRESENT: Arturo Flores, Steve Gavers, Doreen Paluch, Richard Ryan, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Rick Bellairs and Jackie Speciale.

Chairman Sheriff noted the presence of a quorum. Mr. Napolitano confirmed the Public Hearing was properly noticed. The Public Hearing was opened at 7:03 PM.

Petitioner/Property Owner Charlie Oliver was sworn in by Chairman Sheriff.

Mr. Oliver stated he had a fence installed and unbeknownst to him the contractor used 6-inch pickets, which he later realized were not permitted. He stated this type of fence is necessary because neighborhood children like to reach through the fence to pet his dogs, which is of concern to him. He stated the fence conforms to other fences in the neighborhood and does not adversely affect visibility.

Mr. Napolitano stated upon inspection of the finished project, City Staff found that the 50% rule had not been met, explaining this requirement further. He stated it applies only to front and corner side yards, noting the yard in question is a side yard abutting a street.

Chairman Sheriff opened the floor for Commission questions.

In response to a question from Chairman Sheriff, Mr. Oliver stated it would be difficult to remove slats to conform as he is trying to avoid bigger openings because of the dogs. He stated the entire fence would have to be removed and replaced to correct the issue.

There were no further questions from the Commission.

Chairman Sheriff opened the floor for Public Comment. There was none forthcoming. Chairman Sheriff opened the floor for Commission discussion.

Commissioner Ryan noted the communication submitted by a neighbor which stated the fence does not present a problem and supported Mr. Oliver’s request.

A brief discussion ensued concerning making any approval conditional upon any future/replacement fence be conforming. Mr. Napolitano stated there is no need for such a condition as construction/replacement of a new fence would require a permit and conformance to fencing requirements.

Commissioner Paluch noted the purpose of the ordinance as written is to ensure sight lines are maintained, stating she drove through the neighborhood and believes no sight lines are impeded. She expressed support for the request. Commissioner Gavers concurred.

There was no further Commission discussion.

Motion by Paluch, second by Gavers, to recommend that City Council approve a variation to allow a 4- foot high wood fence having less than 50% open in a side yard abutting a street for the property at 830 Manke Lane, noting the request meets the approval criteria listed in Section 4.5.7 of the Unified Development Ordinance, in accordance with the findings included in the Staff Report.

A roll call vote was taken. Ayes: Flores, Gavers, Paluch, Ryan, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: R. Bellairs and J. Speciale. Motion carried.

The Public Hearing closed at 7:11 PM.

b) Public Hearing: Zoning Map Amendment to R4 Multi-Family Residential District and Special Use Permit to allow more than 25 apartment units at 666 Russell Court. Petitioner: Sholom Lipschitz, on behalf of Owner

Chairman Sheriff noted this item is for a Public Hearing to consider a Zoning Map Amendment and Special Use Permit for property located at 666 Russell Court.

Chairman Sheriff yielded the floor to Mr. Napolitano.

Mr. Napolitano stated the Public Hearing was not properly noticed as the notification to surrounding property owners gave the wrong date for the Public Hearing in error. He stated, in addition, the petitioner did not provide City Staff with the required materials in time.

City Attorney Clifton stated as there was no required notification, a Public Hearing cannot be opened and held at this time.

c. Public Hearing: Zoning Map Amendment to B3 Service and Retail District, upon annexation, for parcels behind 801-999 S. Eastwood Drive Petitioner: City of Woodstock Chairman Sheriff stated this is a Public Hearing to consider recommendation of a Zoning Map Amendment to B3 Service and Retail District for parcels behind 801-999 S. Eastwood Drive.

A roll call was taken.

PLAN COMMISSION MEMBERS PRESENT: Arturo Flores, Steve Gavers, Doreen Paluch, Richard Ryan, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Rick Bellairs and Jackie Speciale.

Chairman Sheriff noted the presence of a quorum. Mr. Napolitano confirmed the Public Hearing was properly noticed. The Public Hearing was opened at 7:13 PM.

Noting the City’s wish to annex unincorporated pockets surrounded by the City, Mr. Napolitano noted the parcels in question were missed because they are very narrow and located behind some existing lots. He stated, as these are less than 60 acres and surrounded entirely by the City, the City Council can annex them, which was done at its last meeting. Noting such properties are automatically zoned AG upon annexation, he stated the request before the Commission is to recommend rezoning to B3 Service and Retail District, which is the same as adjacent parcels.

Chairman Sheriff opened the floor for Commission questions.

In response to a question from Commissioner Gavers, Mr. Napolitano stated the lots are owned by the owners of the adjacent properties, so something could be built on them should the owners wish to add on. He stated the properties were surveyed and there are no easements.

In response to questions from Commissioner Paluch, a brief discussion ensued of the PIN numbers for the parcels in question and proper noticing. Following investigation, Mr. Napolitano confirmed the PIN numbers in the notice were correct, so all notice requirements were met.

There were no further questions forthcoming from the Commission.

Chairman Sheriff opened the floor for Public Comment. None was forthcoming. Chairman Sheriff opened the floor for Commission discussion. None was forthcoming.

Motion by Ryan, second by Gavers, to recommend approval of the request for a Zoning Map Amendment from AG to B3 Service and Retail District, upon annexation, for the subject property, noting the Plan Commission finds that the rezoning petition meets the Zoning Map Amendment Approval Criteria in Section 4.3.7 of the Unified Development Ordinance as outlined in the Staff Report.

A roll call vote was taken. Ayes: Flores, Gavers, Paluch, Ryan, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: Bellairs and Speciale. Motion carried.

The Public Hearing was closed at 7:26 PM.

d. Public Hearing: Zoning Text Amendments relating to Supplemental Use Standards for Solar Energy Farms. Petitioner: City of Woodstock

Chairman Sheriff stated this is a Public Hearing to consider recommendation of Zoning Text Amendments relating to Supplemental Use Standards for Solar Energy Farms.

A roll call was taken.

PLAN COMMISSION MEMBERS PRESENT: Arturo Flores, Steve Gavers, Doreen Paluch, Richard Ryan, and Chairman Cody Sheriff.

PLAN COMMISSION MEMBERS ABSENT: Rick Bellairs and Jackie Speciale.

Chairman Sheriff noted the presence of a quorum. Mr. Napolitano confirmed the Public Hearing was properly noticed. The Public Hearing was opened at 7:28 PM.

Mr. Napolitano provided background information on this project, noting the City first approved a Special Use Permit (SUP) for a solar energy farm at Rt. 14 and Lily Pond Road in 2018 and subsequently approved extensions. He stated the developer recently appeared before the City Council to request another one-year extension at which time the Council expressed concerns relating to the landscaping and appearance. He stated the City Council wanted to make sure the landscaping was maintained and looked good over the life of the solar farm and recommended that the UDO be changed to reflect this.

Mr. Napolitano stated the Council’s other concern was about the decommissioning and restoration of the site and the bond requirement. He stated the current language calls for the bond to be presented to the City no less than six months before the decommissioning, noting the Council felt that was too long to wait.

Mr. Napolitano stated Staff looked at model solar ordinances and the requirements of other communities regarding these two issues, coming up with language that can be added to make the current language tighter and address the Council’s concerns. Noting all Solar Energy Farms require a SUP and must come before the Plan Commission and the City Council, he noted the supplemental standards in question addressing Solar Energy Farms can be found in Section 7B.2.34.

He explained the current language in the ordinance, which addresses landscaping, and provided information on the proposed language, stating it would require landscaping to conform with the State of Illinois’ Pollinator Friendly Policy. Noting the information provided in the Commission’s packet, he noted the State is encouraging all solar farm applicants to implement this for which they will receive credit. He talked about this further stating it will take up to three years for the pollinator garden to be established, noting the proposed language addresses this.

Mr. Napolitano stated the proposed language also requires submittal of a Vegetation Management Plan, noting this would be required for a period of three years as there are certain maintenance things that must be done to be sure the pollinators are established. He stated conformance with this plan would ensure that this is done.

In response to a question from Commissioner Paluch, Mr. Napolitano stated the City can request an inspection and review from an independent third party, at a cost to the operator, to determine the vegetation is sufficiently established. Following suggestions by Commissioner Paluch, it was the consensus of the Commission that language be added to Section H.4 stating, “approved vegetation is sufficiently established as determined by the City.” It was also the consensus of the Commission to replace “Community” with “City” in Section H.4.

Commissioner Gavers expressed concern with the landscaping plan, opining it is not possible to obscure the view of the solar field with landscaping due to the topography of the property. Mr. Napolitano noted the owner/operator is required to provide a buffer and screening. He opined the language is open enough to address this, possibly with groupings of plantings, the types of plantings, or the amount of vegetation. He opined the language gives the Plan Commission and the City Council enough discretion to discuss this during special use permit review.

In response to questions from Commissioner Gavers, Mr. Napolitano stated the financial guarantee regarding the landscape plan is in effect for three years because that is the time needed to establish the pollinator garden. He stated if the solar farm fails, the decommissioning plan would apply.

Chairman Sheriff opined the City can hold the owner/operator to the maintenance plan noting if it fails, the City still has a mechanism of enforcement. Mr. Napolitano noted the City Council can revoke the SUP.

In response to a suggestion from Commissioner Paluch, it was the consensus of the Commission to add language regarding erosion and run off to Section H.

There being no further discussion regarding landscaping, it was the consensus of the Commission to accept the language proposed by Staff with the following changes as previously discussed (in italics):

7B.2.34 Solar Energy Farms

H. A landscaping plan shall be provided to reduce the visual impact of the proposed facility on the surrounding area, provide buffering and/or screening from adjoining uses and to provide pollinator friendly habitat that encourages pollinators and other native wildlife while preventing soil erosion, manage run off, and build soils.

H.4. The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the City equal to one hundred twenty-five (125) percent of the costs to meet the pollinator friendly standard. The financial guarantee shall remain in effect for a period of three (3) years after approved vegetation is sufficiently established as determined by the City Manager or their designee.

Discussion and review turned to the Decommissioning Plan language.

Mr. Napolitano stated the proposed language calls for requiring the decommissioning bond prior to receiving a building permit rather than six months prior to ceasing operations. He noted the Decommissioning Plan and bond will be re-evaluated every five years so if there are any changes, including in the cost of decommissioning, the City can require more.

In response to Commissioner Ryan’s questions regarding the lease/agreement, Mr. Napolitano stated the agreement is with the owner, who in this case is the petitioner. He noted there could be a sale of the operation to another company as is the case with other businesses, stating the items discussed this evening would still apply.

Chairman Sheriff opened the floor for Public Comment. None was forthcoming. Chairman Sheriff opened the floor for Commission discussion.

Noting the solar panel in the front yard of a business, Commissioner Ryan asked if there is any ordinance which addresses location of this, opining there does not seem to be anything in place to avoid eyesores. Mr. Napolitano stated that is what the City is trying to avoid with this language.

Commissioner Ryan opined the landscaping will not be high enough. Commissioner Gavers agreed, opining there are better places to put a solar energy farm than the gateway to the City.

Commissioner Paluch stated the discussion this evening is how to make the ordinance stronger to provide more aesthetically-pleasing landscaping and make sure the bond is there at decommissioning.

In response to a question from Commissioner Gavers, Mr. Moore provided information on a Special Use vs. a Conditional Use and on City requirements vs. County requirements.

There was no further Commission discussion regarding the language regarding decommissioning. Chairman Sheriff opened the floor for Public Comment. None was forthcoming.

It was the consensus of the Commission to accept the language regarding decommissioning, Sections I and J, as presented by City Staff.

Motion by Paluch, second by Flores, to recommend approval of text amendments to various sections of the Unified Development Ordinance as amended by the Plan Commission during the October 20, 2022, Public Hearing and in accordance with the language in the Memorandum to the Plan Commission for the October 2022 Plan Commission meeting.

A roll call vote was taken. Ayes: Flores, Gavers, Paluch, Ryan, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: Bellairs and Speciale. Motion carried 5-0.

The Public Hearing was closed at 8:06 PM.

4. DISCUSSION

Mr. Napolitano provided updates on the following:

• The Comprehensive Plan update is progressing. Meetings with the consultants will be held on November 15 and 16 for business leaders and other key stakeholders. A website has gone live providing a Calendar of Events, interactive maps, and a survey for the community. The Marketing Department is working to get information out to the public.

• The City is performing building permit review for the cannabis project proposed for the former Golf and Games site.

• City Council will hold a Special Meeting on November 4 to view proposals from three possible developers interested in the former Die Cast property. The meeting will be live-streamed.

• The City Council approved a TIF agreement for the proposed truck stop, but the City has not yet received proposed development plans.

5. ADJOURN

Motion by Paluch, second by Ryan, to adjourn this regular meeting of the Plan Commission to the next regular meeting at 7:00 PM on Thursday, December 8, 2022, in the Council Chambers at City Hall.

Ayes: Flores, Gavers, Paluch, Ryan, and Chairman Sheriff. Nays: none. Abstentions: none. Absentees: Bellairs and Speciale. Motion carried.

The meeting was adjourned at 8:16 PM.