121-295 – Wind Energy Conversion System

Resolution # 201 5-08-1 1-86
Resolution of the County Board
of
Kankakee County, lllinois
RE: ZBA Gase #15-06; SUP (f 21-295
- Wind Energy Conversion
System)
WHEREAS, an application pursuant to the terms of the Kankakee County Zoning
ordinance, has been filed by Kelly creek wind, LLC, a subsidiary of EDF-RE us
Development, LLC, applicant, in the Office of the County Clerk of Kankakee County for
a Special Use Permit to Section 121-295 (Wind Energy Conversion System in an A1
District), on a parcel legally described herein in Exhibit A, a copy of which is attached
herein and made a part hereof; and,
WHEREAS, the Zoning Board of Appeals held a duly noticed public hearing, on the said
appfication on July 13,2015 and from the testímony and evidence presented made
findings as described in Exhibit B, a copy of which is attached herein and made a part
hereof, and made recommendation that said request be approved; and,
WHEREAS, the Planning, Zoning, and Agriculture Committee (PZA), at its regularly
scheduled and duly noticed meeting of July 22,2015, having reviewed, discussed and
considered the matter, concurred with the approval of the request and adopted said
findings and recommendation of the Zoning Board of Appeals, Exhibit B, and;
WHEREAS, all matters required by law of the State of lllinois and the Zoning Ordinance
of Kankakee County to be done, have been done; and,
WHEREAS, this County Board at this regularly scheduled meeting of August 11, ZO1S
has now reviewed, discussed, and considered the said findings of the Zoning Board of
Appeals and said committee minutes of the PZA Committee, and now finds that the
conclusions expressed therein are both reasonable and rationally supported by the
evidence that had been presented and the special use permit will not be detrimentalto
the public health, safety, and economic and generalwelfare.
NOW, THEREFORE, be it resolved by the Kankakee County Board, State of lllinois as
follows:
The findings of the Zoning Board of Appeals are hereby approved, confirmed, ratified,
and adopted and the conclusions of the Planning, Zoning and Agriculture Committee
based upon those findings are rational and in the pubric interest.
1.
2. The findings, conclusions and recommendation expressed in the minutes of the
Planning, Zoning, and Agriculture Committee meeting of February 25,2009, are also
supported by the recoyl-md'are in the public interest and are also approved, confirmed,
ratified and adopted:/
3. The Special Use Permit to Section 121-295 (Wind Energy Conversion System in an
A1 District), be approved on parcels legally described in Exhibit A, a copy of which is
attached herein and made a part hereof.
PASSED and adopted this 11th day of August 2015.
. Bossert, County Board Chairman
ATTEST:
Bruce Clark, County Clerk
EXHTBTT
A
(ZBA CASE#15-06)
LEGAL DESCRIPTION:
All of Section 6, Township 29 North, Range 9, East of the Third Principal Meridian, in Kankakee County,
lllinois, except land lying within the West Half of the Northeast Quarter of said Section 6 described as
follows: beginning at a point on the North line of said Section 6, which point ls 33.55 feet West from the
Northwest corner of the Northeast Quarter of said Section 6, said point being the point of beginning for
this Tract of Land, and running; thence South Perpendicular to said North line, 508 feet; thence East,
parallel with said North line, 430 feet; thence North, Perpendicular to said North line, 508 feet to said
North line; and thence West, along said North line, 430 feet to the point of beginning.
Together with;
All of Section 5, Township 29 North, Range 9, East of the Third Principal Meridian, in Kankakee County,
lllinois, except the East One-Half of the Southeast Quarter of said Section 5, the East One-Half of the
Northeast Quarter of said Section 5 and except land lying within West One-Half of the Northeast Quarter
of said Section 5 described as follows: beginning at a point on the North line of Section 5, Township 29
North, Range 9 East of the Third Principal Meridian, 3912.0 feet East of a Stone at the Northwest corner
of said Section; thence from said point of beginning Easterly along the North line of said Section 5 a
distance of 152.0 feet to a Stone; thence South along the East line of the West Half of the Northeast
Quarter of Section 5 on a magnetic bearing of South 03 degrees 30 minutes East 403.0 feet to a point;
thence North 36 degrees 30 minutes West 150.0 feet to a point; thence North 23 degrees 30 minutes
West 150.0 feet to a point; thence North 07 degrees 38 minutes West 126.7 feet to the point of beginning.
Together with;
All of Section 4, Township 29 North, Range 9, East of the Third Principal Meridian, in Kankakee County,
lllinois, except the Northeast Quarter of the Southeast Quarter of said Section 4, the Northeast Quarter of
the Northeast Quarter of said Section 4, the Southeast Quarter of the Northeast Quarter of said Section 4,
the Southwest Quarter of the Northeast Quarter of said Section 4, and except land lying within the East
Half of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter both in said Section 4,
described as follows: commencing at a point on the North line of Section 4, Township 29 North, Range 9
East of the Third Principal Meridian, in Kankakee County, lllinois, said point being 177.76 feet East of the
Northeast corner of the Northwest Quarter of said Section 4; thence South 0 Degrees 10 Minutes East,
466.69 feet to a point; thence South 89 Degrees 50 Minutes West, 466.69 feet to a point; thence North 0
Degrees '10 Minutes West, 466.69 feet to a point on the North line of said Section 4; thence North 89
Degrees 50 Minutes East along the North line of said Section 4, 466.69 feet to the point of beginning,
containing 5.0 acres, in Kankakee County, lllinois.
Together with;
The Southeast.l14 of Section 3, Township 29 North, Range g East of the Third Principal Meridian,
situated in the County of Kankakee, in the State of lllinois, except the West 40 acres and except the North
40 acres.
Together with;
The West 112 of the Southwest 1/4 of Section 3, Township 29 North, Range 9 East of the Third Principal
Meridian, Kankakee County, lllinois.
Together with;
All of Section 7, Township 29 North, Range 9, East of the Third Principat Meridian, in Kankakee County,
lllinois except the Southwest Quarter of said Section 7, the West One-Half of the Southeast Quarter of
said Section 7, the North One-Half of the Northeast Quarter of said Section 7 and except land lying within
112 of the Northwest 114 of said Section 7 described as follows: beginning at the Northeast
corner of the said Northwest 114 and running thence West along the North line of said Northwest 1/4 for a
distance of 292 feet; thence South 2 degrees 50 minutes East a distance of 650 feet; thence South 23
degrees 4 minutes 20 Seconds East a distance of 371 .10 feet; thence South 38 degrees 38 minutes 10
the East
Seconds East a distance of 1 66.84 feet to a point on the East line of said Northwest 114, said point being
1,121 feet South from the point of beginning, and thence North 0 degrees 31 minutes 30 Seconds East
along said East line to the point of beginning, all in Kankakee County, lllinois, containing 5.63 acres more
or less.
Together with;
All of Section B, Township 29 North, Range 9, East of the Third Principal Meridian, in Kankakee County,
lllinois, except land lying within the Southeast Quarter (SE1/4), described as follows: the West 1308.40
feet thereof, of section eight (8), Township Twenty-nine (29) North, Range Nine (9) East of the Third
Principal Meridian, and ALSO EXCEPTING 1 acre exclusive of roads in the Southeast corner of said
Southeast Quarter (SE1/4), 10 rods East and West and 16 rods North and South; ALSO EXCEPTING a
tract of land described as follows; commencing 12 rods West of the Southeast corner of said Southeast
Quarter (SE1/4) and running thence Northerly parallel with the East line of said Section 269 feet; thence
West 120 feet; thence South 269 feet; thence East 120 feet to the place of beginning, situated in the
County of Kankakee, in the State of lllinois.
Together with;
The South Half of the West Half of the Northwest Quarter of Section 9, Township 29 North, Range 9 East
of the Third Principal Meridian, situated in the County of Kankakee, in the State of lllinois;
Together with;
The Northwest Quarter of the Northwest Quarter of Section 9, Township 29 North, Range 9 East of the
Third Principal Meridian, situated in the County of Kankakee, in the State of lllinois;
Together with;
The South 275 feel of the South Half of the West Half of the East Half of the Southwest Quarter, Section
9, Township 29 North, Range 9 East of the Third Principal Meridian, Kankakee County, lllinois, excepting
Railroad Tracts and Other Tracts as Shown by the Records of Kankakee County, lllinois;
Together with;
The West Half of the Southwest Quarter, Section 9, Township 29 North, Range 9 East of the Third
Principal Meridian, Kankakee County, lllinois, excepting First: the Lands Deeded to the Kankakee and
Southwestern Railroad; Second: the Lands East of the Right of Way of the Kankakee and Southwestern
Railroad, Being the Same Lands Conveyed to Capen and Marshall. Third: the Lands Embraced Within
the Village of Cabery as Platted and also the Lands Included in Peter Wagner's First addition to the
Village of Cabery; Fourth: excepting also 4.'122 acres Conveyed to the Village of Cabery by Deed to Anna
Wagner Dated January 11, 1901, Recorded in Book 177, Page 474 of the Records of the Recorder's
Office of Kankakee County, lllinois. Fifth: Known and described as the City Park of the Village of Cabery,
commencing at a point on the North line of the City Park of the Village of Cabery, in Kankakee County,
lllinois, 344.8 feet West of the polnt of Intersection of said line with the West Right of Way line of lllinois
Central Railroad Company, thence Run North 407 feel, thence East and parallelwith aforesaid North line
of the City Park,467.9 feet to East line of Southwest Quarter of Southwest Quarter of Section 9,
Township 29 North, Range 9 East of the Third Principal Meridian, thence South along said line 185 feet to
West Right of Way line of lllinois Central Railroad Company, thence South along said Right of Way line to
North line of the Heretofore Mentioned City Park, thence West along said line 344.8 feet to beginning, 4
acres; Sixth: 160 feet East and West by 60 feet North and South in Southwest corner of Southwest
Quarter of Section 9, Township 29 North, Range 9 East of the Third Principal Meridian, 9600 feet
Exclusive of Roads. Seventh: 20 feet North and South by 160 feet East and West along Side and Directly
North of Lot Now Owned and Occupied by Wm. L. Keys, in Southwest corner of Southwest Quarter of
Section 9, Township 29 North, Range 9 East of the Third Principal Meridian. Eighth: 60 feet North and
South by 160 feet East and West, situated lmmediately North and adjoining a Certain Lot Owned by
Simon Meisenbach in the Southwest Quarter of the Southwest Quarter. Section g. Townshio 29 North.
Range 9 East of the Third Principal Meridian, Exclusive of Road;
j;
Together with;
A part of a parcel of real estate described as follows: the West Half of the West Half of the Southeast
Quarter, and the East Half of the Southwest Quarter of Section 9, Township 29 North, Range 9 East of
the Third Principal Meridian, except the Right-of-Way of the lllinois Central Gulf Railroad Company, the
above described Parcel Comprising a Net area of approximately 117.8 acres situated in Kankakee
County, lllinois; and excepting therefrom the East 86.5 acres thereof; and further excepting therefrom a
Parcel of Real Estate described as follows: commencing at the Southeast corner of the Southwest
Quarter of the Southwest Quarter of Section 9, Township 29 North, Range 9 East of the Third Principal
Meridian; thence Northerly on the West line of the Southeast Quarter of the Southwest Quarter 33.00 feet
to the point of beginning for this description; thence continuing Northerly on said West line of the
Southeast Quarter of the Southwest Quarter a distance of 420.77 feet to a point on the Southeasterly
Right-of-Way line of the lllinois Central Railroad; thence Northeasterly on the said Southeasterly Right-ofWay line a distance of 249.58 feet to a point; thence Southerly on a line parallel with the West line of the
Southeast Quarter of the Southwest Quarter a distance of 656.88 feet to a point; thence Westerly on a
line parallel with the South line of the Southeast Quarter of the Southwest Quarter a distance of 80.84
feet to the point of beginning, containing 1.00 acre, more or less, except the South 280 feet thereof;
Together with;
The East 86.5 acres of the following: the East Half of the Southwest Quarter, except Railroad Right of
Way, and the West Half of the West Half of the Southeast Quarter, all in Section 9, Township 29 North,
Range 9 East of the Third Principal Meridian, in Kankakee County, lllinois;
Together with;
All of Section '10, Township 29 North, Range 9, East of the Third Principal Meridian, in Kankakee County,
lllinois, except the South One-Half of the Northwest Quarter and except the North 373.00 feet of the East
575.00 feet.
Together with;
The West Half of the Southeast Quarter and the Southwest Quarter, both in Section 1 1, Township 29
North, Range 9 East of the Third Principal Meridian, in Kankakee County, lllinois, except the Following
Tract: beginning at a point on the West line of said Southwest 1/4, Which point ls 480 feet North from the
Southwest corner of said Southwest 114, said point Being the point of beginning for this Tract of Land, an
Running; thence North along the West line of said Southwest 1/4, 440 feet, thence East, Perpendicular to
said West line, 317 feet; thence South, parallel with said West line, 205 feet; thence West, Perpendicular
to said West line, 87 feet; thence South, parallel with said West line, 159 feet; thence West, Perpendicular
to said West line, 135 feet; thence South, parallel with said West line, 76 feet; and thence West 95 feet to
the point of beginning;
Together with;
That part of the Southwest Quarter, together with the South Half of the Southwest Quarter of the
Northwest Quarter all in Section 12, Township 29 North, Range g East of the Third Principal Meridian,
Kankakee County, lllinois, bounded and described as follows: beginning at a point on the West line of
said Southwest Quarter, which point ls 1029.46 feet South of the Northwest corner of said Southwest
Quarter and running thence North 00 Degrees 44 Minutes 30 Seconds West, along said West line and
the West line of said Northwest Quarter, 1687.96 feet to the Northwest corner of the South Half of the
Southwest Quarter of said Northwest Quarter, thence North 87 Degrees 36 Minutes 50 Seconds East,
along the North line of said South Half of the Southwest Quarter of the Northwest Quarter, 1308.65 feet;
thence South 00 Degrees 51 Minutes 24 Seconds East, along the East line of said South Half of the
Southwest Quarter of the Northwest Quarter, 659.07 feet to the Southeast corner of the South Half of the
Southwest Quarter of the Northwest Quarter, thence North 87 Degrees 38 Minutes 27 Seconds East,
along the North line of said Southwest Quarter, 1309.95 feet to the Northeast corner of said Southwest
Quarter;thence South 00 Degrees 58 Minutes 16 Seconds East, along the East line of said Southwest
Quarter, 1029.36 feet, and thence South 87 Degrees 38 Minutes 27 Seconds West, parallel with the
North line of said Southwest Quarter, 2624.04 feet to the point of beginning;
Together with;
That part of the Southwest Quarter of Section 12, Township 29 North, Range 9 East of the Third Principal
Meridian, Kankakee County, lllinois, Bounded and described as follows; beginning at the Southwest
corner of said Southwest Quarter and running thence North 87 Degrees 50 Minutes 53 Seconds East,
along the South line of said Southwest Quarter 485.08 feet; thence North 02 Degrees 09 Minutes 05
Seconds East, 573.00 feet; thence North 87 Degrees 50 Minutes 53 Seconds East, 380.00 feet; thence
South 02 Degrees 09 Minutes 05 Seconds East, 573.00 feet to the South line of the Southwest Quarter;
thence North 87 Degrees 50 Minutes 55 Seconds East, along said South line, 1563.69 feet to the
Southwest corner of the Eldridgeville Cemetery; thence North 01 Degrees 03 Minutes 43 Seconds West,
along the West line of said Eldridgeville Cemetery, 375.00 feet; thence North 88 Degrees 59 Minutes 19
Seconds East, along the North line of said Eldridgeville Cemetery,202.00 feet, to a point on the East line
of the Southwest Quarter, which point ls 371.00 feet North from the Southeast corner of said Southwest
Quarter; thence North 00 Degrees 58 Minutes 16 Seconds West, along said East line of the Southwest
Quarter, 1243.00 feet; thence South 87 Degrees 38 Minutes 27 Seconds West, parallelwith the North line
of said Southwest Quarter, 2624.04 feet, to a point on the West line of said Southwest Quarter, which
point s 1029.46 feet South from the Northwest corner of said Southwest Quarter; and thence South 00
Degrees 44 Minutes 30 Seconds East, along said West line, 1604.52 feet to the point of beginning;
f
Together with;
The Northeast Quarter of the Northeast Quarter; the South Half of the Northeast Quarter; the Southeast
Quarter of the Northwest Quarter; and the North 3 acres of the Northeast Quarter of the Southeast
Quarter all in Section 12, Township 29 North, Range g, East of the Third Principal Meridian, in Kankakee
County, lllinois, excepting there from the following parcel:
That part of the Northeast Quarter of Section 12, Township 29 North, Range 9 East of the Third Principal
Meridian, Kankakee County, lllinois, described as follows: commencing at the Northeast corner of the
Northeast Quarter; thence South 01 degree 10 minutes 28 seconds West along the east line of said
Northeast Quarter, a distance of 1480.00 feet, to the point of beginning; thence continuing South 01
degree 10 minutes 28 seconds West, along said east line, a distance of 200.00 feet; thence South 88
degrees 49 minutes 32 seconds West, a distance of 115.00 feet; thence North 53 degrees 25 minutes 38
seconds West a distance of 98.01 feet; thence South 88 degrees 49 minutes 32 seconds West, a
distance of 57.50 feet; thence North 01 degree 10 minutes 28 seconds West, a distance of 140.00;
thence North 88 degrees 49 seconds East, a distance of 250.00 feet to the point of beginning, containing
1.02 acres, more or less.
Exhibit B (ZBA Case l5-06)
Kankakee County Zoning Board of Appeals
Mr. Andrew Pristach, Chairman
189 East Court Street
Kankakee, IL 60901
(815) 937-2940
FINDINGS OF FACT AND RECOMMENDATION
OF THE KANKAKEE COUNTY ZONING BOARD OF APPEALS
zBA CASE 15-06
This is the findings of fact and the recommendation of the Kankakee County Zoning Board of
Appeals concerning an application by Kelly Creek Wind, LLC and EDF-RE US Development, LLC,
in ZBA Case No. 09-01 (Kelly Creek Wind Farm). The applicants are requesting a Special Use
Permit for Section L2L.295 to allow the establishment of a Wind Energy Conversion System
(WECS) in the Al Agricultural District on multiple parcels located in Norton Township.
This wind farm consists of a maximum of 33 wind towers being constructed at various locations
in southern Norton Township (see site map below). Although the Special Use Permit includes
hundreds of acres of land, the wind farm will actually utilize less than 100 acres for wind farm
facilities and less than L0 acres will actually contain a wind turbine. In addition to the towers
the system in Kankakee County will include access roads and various transmission lines.
The project described above is part of a larger project that stretches across the counties of
Kankakee and Ford and includes approximately 1-08 wind towers. lt is anticipated that the
project will create LL8 new construction jobs in Kankakee County and 694 new construction
jobs in the State of lllinois. In addition the project is expected to create 12 long term jobs in
Kankakee County and 39 in the State of lllinois.
The proposed wind farm sits just west of the existing Pilot HillWind Farm (formerly K4 Wind
Farm-ZBA 09-01) and will utilize infrastructure from the existing facility for the transmission of
power.
After due notice required by law, the Zoning Board of Appeals held a public hearing on this case
on July 13, 2015 at the Kankakee Public Library located at ZOt E. Merchant Street, 4tn Floor,
Kankakee, lllinois, and hereby report their findings of fact and their recommendation as follows:
Site lnformation: See Staff Report (attached herewith).
Public Comments: There were approximately 80 people in attendance and several asked
questions and offered comments as follows. See transcripts for verbatim testimony.
Ms. Norma Applegate questioned the petitioner about concerns she has had with road and field
tile repair from their Pilot Hill Wind Farm Project. John Baker answered her question and
stated that it is an active construction project and that the company is working very hard to
rectify any issues.
Ms. Simons also questioned the panel about concerns with the way road repairs and property
rehabilitation were handled with the Pilot Hill Wind Farm Project. Mr. Baker answered her
question in the same manner as the previous question.
i.
Ms. Barbera Schwark asked if an independent report was available that showed scientific
evidence that wind energy is necessary and viable. Mark Gershon stated that there are many
studies and reports and referred her to the U.S. Department of Energy.
Ms. Delores Warmbir showed a map of her farm and described an incident involving damage to
her property during the construction of the Pilot Hill Wind Farm.
Mr. Rvan Anderson stated that he had a criminal damage to property report from the Kankakee
County Sheriff involving construction activities from the Pilot Hill Wind Farm.
Mr. Steve McGruder stated that he represents trade unions and that this project was good for
the unions and the county's economy as a whole.
Mr. Jeff Brian stated that he was president of Tri-Point Schools and that the taxes dollars
generated from this project are very much needed in the school district.
Mr. Henrv Goutz asked the Board to consider the positive economic aspects of the project.
Mr. Steve Granger stated that long term wind energy is the best investment property owners in
the area have available.
Mr. Paul Mau stated he is a participating land owner and trustee of the fire department.
also stated that the tax revenue was very much needed for the school and fire districts.
He
Mr. Tom Simons asked if there could be one person assigned to handle complaints.
Mr. Jeff Strachen stated the estimated loss of farmland per wind tower is too low and that the
figure should be around l-5 acres. He also stated that he experienced a fire in a turbine on his
property and that it damaged around 25 acres.
Ms. Janet Andrzeiewski lives in Pilot Township and asked how lightening effect the towers. Mr.
Ken Wheller answered that the manufacturers install a lightning suppressor in the tip of each
blade to ground the lightening. She also asked about two blades which are still sitting on the
ground. lan stated that they were damaged during shipping and waiting to be returned.
Analysis of Six Standards: After considering all the evidence and testimony presented at the
public hearing, the Board makes the following analysis of the six (6) standards listed in Section
17.03.t4 (Standards for Special Uses) of the Konkakee County Zoning Ordinance that must all be
found in the affirmative priorto recommending granting of the petition.
L.
That the establishment, maintenance, or operation of the special use will not be
detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
After careful review of the application, testimony, and evidence provided by the applicant the
Board finds that the proposed special use will be maintained and operated in a manner that will
not be detrimental to or endanger the public health, safety, morals, comfort, or general
welfare. Further, the Kelly Creek Wind Farm is specifically designed to promote the public
health, safety and welfare. lt provides a source of renewable electric generation that does not
pollute the air or water, is not subject to the price volatility of fossil fuels and is not subject to
the potential volatility inherent in reliance on a foreign controlled energy source. Electricity is
essential to all areas of our lives, and the wind farm will help assure electricity continues to be
readily available at a reasonable cost while protecting the environment. Generating electricity
from the wind produces no carbon, sulfur, nitrogen, or mercury emissions and generates no
radioactive waste. In addition, no water resources are used in the wind energy - generating
process.
The locations of wind turbines and related facilities have been carefully chosen to ensure
compatibility with the environment and existing land uses in the area. As part of this
determination, Kelly Creek Wind, LLC and EDF Renewable Development, Inc. ("EDF") have
engaged noted engineering and environmental experts and lllinois legal counsel in order to
ensure that the Kelly Creek Wind Farm will be in compliance with all applicable federal, state
and local laws and will provide benefits to the community and the environment. Kelly Creek
Wind, LLC has performed all necessary environmental analyses to ensure the compatibility of
the wind farm with the local community and with wildlife. Experts in the fields of wíldlife, noise
assessment, wetlands, communications and archaeology were retained to conduct a variety of
studies which were used to design the wind farm.
As indicated in this Application Binder,
the Kelly Creek Wind Farm, from design to construction
to operation and maintenance and even decommissioning, has been extensively planned so as
to ensure the benefits to the community without being detrimental to or endangering the
public health, safety, morals, comfort or general welfare.
The dissenting votes offered no comment.
2.
That the special use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
The Board finds that adequate testimony and evidence was presented by the applicant to
ensure that the WECS will not be injurious to the use and enjoyment of the property in the
immediate vicinity of the project. Further, wind energy generation is compatible with the
existinguseoftheotherpropertyintheimmediatevicinityoftheprojectarea.
Inaddition,
County and State Federal standards exist to ensure that the development and operation of
wind energy generation will not be injurious to the use and enjoyment of either the
participatingpropertiesorthepropertiesinthevicinityoftheproject. Throughanalysisby
engineering and environmental experts the wind farm is design to be in compliance with these
laws and standards. The Kelly Creek Wind Farm is designed to be beneficialto and not diminish
or impair values within the neighborhood. Perhaps the greatest evidence of the positive
benefits to the use and enjoyment of property in the area is that more than 40 individual
landowners in Kankakee County and more than 70 landowners in Ford County have voluntarily
entered into agreements with Kelly Creek Wind, LLC to have a portion of the Kelly Creek Wind
Farm developed on their property consistent with this application.
I
l
i,
i
Based on EDF's experience and studies of otherwind farm areas by noted experts (See TAB 24
Economic lmpact Report) the value of properties within and adjacent to wind farms has not
been adversely impacted. Studies of other wind farm areas by noted experts commissioned by
the Department of Energy (See Berkley Report TAB 9) indicate that the value of property within
and adjacent to wind farms is not adversely impacted. Specifically, the Berkley Report
concludes that analysis consistently shows no impact of wind turbines on nearby property
values. Further, by providing an alternative source of income for farmers, taxing bodies and the
community, wind farms provide added stability and benefits to farms and surrounding
communities which can help support land prices in the Special Use Area. The numerous
benefits described in the Application Binder are available to the landowners in the area while at
the same time the Special Use permanently disturbs less than t% of the Special Use Area. By
using such a small area of land while providing enhanced economic stability to landowners and
the region, the Kelly Creek Wind Farm can help improve the use of property forthe uses
permitted in this agriculturally zoned area.
The dissenting votes offered no comment.
3. That the establishment of the special use will not substantially
impede the normal and
orderly development and improvement of the surrounding property for uses permitted in
the district.
The Board finds that the proposed location of the Kelly Creek Wind Farm is within an area
zoned for and devoted almost entirely to agricultural uses. Wind farms are consistent with and
promote the continuance of the agricultural and related uses permitted in the County's
agricultural zoning district. As only one example, farmers may safely and profitably grow crops
and graze livestock very close to the edge of the tower base. In addition, wind turbines
represent a second, drought-proof crop for farmers. Wind farms therefore provide a steady
annual income stream to farmers, helping to enhance the economic stability of their farming
operations, and promote the orderly development and improvement of properties in the
district. At the same time, the wind farm construction is planned to occur during a single
growing season which will minimize the disruption for the landowners and area properties.
Substantial economic benefits to the area will result from the more than three hundred million
dollar investment in the community, including: 98 new jobs in Kankakee County and 694 new
jobs on the State of lllinois duringthe construction period, up to 12 skilled operations and
maintenance jobs in Kankakee County and 39 long term jobs in the State of lllinois, a new
source of property tax revenue and more than one million dollars in annual payments to
landowners. The enhanced economic strength improves orderly development and
improvement not only of the numerous properties that are a part of the wind farm but also
surrounding properties through improving regional economic stability and benefiting the taxing
bodies that help to ensure that schools, roads and other governmental services are available to
support the entire region.
The dissenting votes offered no comment.
4.
That adequate utilities, access roads, drainage, or necessary facilities have been or will be
provided.
The Board finds that Kelly Creek Wind, LLC and EDF believe strongly in working with local
officials and have met with county engineering and highway officials as part of our effort to
bring the Kelly Creek Wind Farm to Kankakee County. Preliminary engineering for the wind
farm, including utilities, access roads, drainage and other necessary facilities has been
addressed and final engineering will be completed and shared with county and township
engineers prior to the issuance of lmprovement Location Permits. Through the combined
experience and expertise of local officials, and the project team, all of these facilities have been
adequately and appropriately integrated into the wind farm.
The dissenting votes offered no comment.
5. That adequate measures have been or will be taken to provide ingress
and egress so
designed as to minimize traffic congestion in the public streets.
The Board finds that the Kelly Creek Wind Farm will generate limited traffic in connection with
its ongoing maintenance and operation which will have minimal, if any, impact on public
streets. The construction period is relatively short thereby helping to minimize the impact on
roadways even during this period.
Priorto the start of construction, Kelly Creek Wind, LLC will obtain a finaltransportation plan
from the turbine vendor which will identify the most efficient routes for the delivery of the
turbine equipment and a route plan from the EPC contractor which will identify the proposed
location for the concrete batch plant and the best routes for concrete trucks during the
foundation construction. These reports will be shared with the County and Township road
officials for input and coordination purposes. Kelly Creek Wind, LLC will update the current
Road Upgrade and Maintenance Agreement (see TAB 25) based on the transportation plans and
discussions with the County and Township Road Officials with each road jurisdiction to include
the specifics of Kelly Creek Wind Farm. As a part of the road transportation agreement, Kelly
Creek Wind, LLC will identify public roads that will be used for primary construction traffic
purposes and will establish a transportation plan in consultation with the Township Road
Commissioners and the County Engineer. Kelly Creek Wind, LLC is committed to repairing road
damage caused bythe construction, operation, maintenance, or removalof the project, and
will provide a financial assurance to ensure that this obligation is met.
Kelly Creek Wind, LLC will also appoint a transportation coordinator prior to the start of
construction. The transportation coordinator will be responsible for communicating on a
regular basis, and, if necessary, on an emergency basis, with the Township Road Commissioners
and the County Engineer. ln addition, the transportation coordinator will be responsible for
communications with law enforcement officials, emergency service providers and school
officials in order to minimize any transportation disruptions as a result of construction
activities.
The dissenting votes offered no comment.
6.
That the special use will, in all other respects, conform to the applicable regulations of
the district in which it is located, except as such regulations may, in each instance, be
modified by the board.
The Board finds that the Kelly Creek Wind Farm is consistent with the overall planning goals and
land use recommendations of the County Board's ZBA Case #08-05 which adopted the WECS
portion of the Kankakee County Zoning Ordinance. The proposed Special Use within the
Agricultural zoning district is consistent with the County's overall goal of preserving the
agricultural nature of Kankakee County. Moreover, the proposed project would result in a
diversification of an existing agricultural land use rather than constitute a land use change. The
project can strengthen the long-term viability of farming by allowing farm properties to
diversify the use of the property (and increase the income from the property) with nominal loss
of land devoted to agricultural production. Also note that the Kankakee County WECS
Ordinance has been written by Kankakee County to be consistent with its long range plans, and
the Kelly Creek Wind Farm described in this Application Binder has been designed to comply
with the WEC Ordinance.
As evidenced by this Application Binder, the Kelly Creek Wind Farm is also designed to conform
to the Kankakee County Zoning Ordinance.
The dissenting votes offered no comment.
Recommendation: We find that the proposed special use requested meets all the standards
recommending granting as found in Section L7.03.F4 of the Konkokee County Zoning
Ordinance and that such a request is in the public interest. Therefore, the Zoning Board of
Appeals hereby recommends that the special use permit to establish a WECS in the A1
Agricultural District on the property described in the application hereby be granted.
for
Roll Call Vote: The roll call vote was four (4) members for the motion to recommend granting,
two (2) opposed.
Respectfully submitted this 14th day of July, 2015 by the Kankakee County Zoning Board of
Appeals.
Andrew Pristach, Chairman
John Fetherling - Aye
Elizabeth Scanlon - Nay
Terry Vaughn - Aye
Gene Rademacher - Aye
Edwin Meents - Nay
William Hemm- Absent
- Aye
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