department of community development services · affect zoning and land development decisions within...

1

DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES

Planning Division

m e m o r a n d u m

TO: Urbana Plan Commission

FROM: Marcus Ricci, AICP, Planner II

DATE: November 29, 2019

SUBJECT: CCZBA-945-AT-19: Amend the requirements for a proposed photovoltaic (PV) solar farm located within one-and-one-half miles of a municipality.

CCZBA-946-AT-19: Amend the requirements for a proposed photovoltaic (PV) solar farm located within one-and-one-half miles of a municipality.

CCZBA-947-AT-19: Delete the minimum one-half mile separation distance between a proposed PV solar farm and the CR Conservation Recreation Zoning District, and add financial assurance requirements.

Introduction The Champaign County Zoning Administrator (Zoning Administrator) is requesting amendments to several sections of the Champaign County Zoning Ordinance (Ordinance) concerning photovoltaic solar farms (solar farms) that are proposed within one-and-a-half miles of incorporated municipalities that have adopted a zoning ordinance. Cases 945-AT-19 and 946-AT-19 are alternative versions of a proposed text amendment to address site location, notification to neighboring municipalities, long-term leases, public hearing timelines, comment periods, and continuation of operations. Case 947-AT-19 proposes to eliminate the buffer requirement between proposed solar farms and the CR Conservation Recreation Zoning District, and to require local financial assurances.

The proposed text amendments are of interest to the City of Urbana to the extent that they will affect zoning and land development decisions within the City’s one-and-a-half mile extraterritorial jurisdiction (ETJ). The City has subdivision and land development jurisdiction within the ETJ, while the County holds zoning jurisdiction in this area, and it is important that there be consistency between these two jurisdictions where regulations may overlap. Land uses in the County affect the City of Urbana in several ways, including:

• Land uses in the County can potentially conflict with adjacent land uses in the City;• Unincorporated portions of the County adjacent to the City will likely be annexed into the

city at some point. Existing land uses would also be incorporated as part of annexation; and

• Development patterns of areas annexed into the City will affect the City’s ability to grow according to the shared vision provided in the 2005 Comprehensive Plan.

For these reasons, the City should examine the proposed text amendments to the Champaign County Zoning Ordinance to ensure compatibility with City ordinances. It is the Plan

2

Commission’s responsibility to review the proposed amendments to determine what impact they may have on the City, and to recommend to City Council whether or not to protest the proposed text amendments. Under state law, a municipal protest of the proposed amendments would require three-quarters super majority of affirmative votes for approval of the request at the County Board; otherwise, a simple majority would be required. This memorandum will address the proposed text amendments individually, and note and treat similarities and differences between them. The Plan Commission must issue individual recommendations for each proposed text amendment.

Background

Cases 945-AT-19 and 946-AT-19

According to materials provided by the applicant, during the creation of the solar farm text amendment1 and in subsequent zoning cases for PV Solar Farm Special Use Permits, representatives of some Champaign County municipalities expressed a desire to have more input in the County’s approval process for solar farms near their municipal limits. At its January 10, 2019, meeting, the Champaign County Environment and Land Committee (ELUC) reviewed a letter received from the Mayor of the Village of St. Joseph and the Village Presidents of Savoy and Mahomet requesting re-evaluation of Ordinance requirements for solar farms. The letter was also endorsed by the Village Presidents of Ogden and Sidney. The ELUC discussed this proposed amendment at its May meeting, revisions were made, and two alternative text amendments were drafted. The first version (Case 945-AT-19) includes only an extended time period for review by municipalities. Exhibit A shows the current text of the Ordinance; Exhibit B shows the proposed marked-up text of the Ordinance. The second version (Case 946-AT-19) includes both an extended time period for review and an increased separation between a municipality and a proposed solar farm; Exhibit C shows the proposed marked-up text of the Ordinance. Exhibit D shows the highlighted differences in subsection 6.1.5.B.(2) between these two versions.

Proposed amendment Part A in Case 946-AT-19 – which is not a part of Case 945-AT-19 – was requested by the municipalities because they want to maintain more than the one-half mile separation from their corporate limits that was established in the original solar farm text amendment; specifically, they desire a one-and-a-half-mile separation from their corporation limits and any solar farm. This amendment does not change the fact that, within the one-and-a-half-mile ETJ of municipalities with an adopted Comprehensive Plan, the County maintains zoning jurisdiction up to the municipal corporate limits, and the neighboring municipality has planning jurisdiction up to one-and-a-half miles outside its corporate limits. Note that, in the proposed text amendment, a solar farm developer can request a waiver from the proposed one-and-a-half-mile separation just as they can for the one-half-mile separation in the current Ordinance.

Proposed amendment Part A in Case 945-AT-19 – identical to Part B in Case 946-AT-19 – is in response to a request from municipalities for more time to evaluate and comment on Champaign County Board Special Use Permit cases for proposed solar farms.

Proposed amendment Part B in Case 945-AT-19 – identical to Part C in Case 946-AT-19 – is in response to the Village of Mahomet’s existing regulation that all land leases exceeding five years 1 Text Amendment CCZBA 895-AT-18 was approved by the Champaign County Board on August 23, 2018. On August 20, 2018, the Urbana City Council defeated a resolution to protest the proposed text amendment, acting on the August 9, 2018, recommendation of the Urbana Plan Commission (six ayes, zero nays).

3

must go through a municipal subdivision approval process. The solar farms that have been approved by Champaign County to date have generally included 10- or 20-leases with options for extensions. Without this amendment, developers proposing solar farms within Mahomet’s ETJ might not be aware of the need to seek subdivision approval from the Village.

Proposed amendment Part C in Case 945-AT-19 – identical to Part D in Case 946-AT-19 – was included by the Zoning Administrator because proposed amendments to the Ordinance, e.g., the increased minimum separation distance of Part A of Case 946-AT-19, could make some previously-approved solar farms nonconforming. This amendment would allow a nonconforming PV solar farm that is, for example, temporarily down for maintenance, to not lose its zoning right to operate.

Proposed amendment in Part D Case 945-AT-19 – identical to Part E in Case 946-AT-19 – was included for the same reason as Part C: that it could make some approved solar farms nonconforming. This proposed amendment would allow a previously-authorized solar farm to be constructed and/or operated pursuant to the standard requirement of a Zoning Use Permit, provided that the Special Use Permit has not expired, even if it is made nonconforming by the proposed text amendment.

At its January 10 meeting, the ELUC approved opening a Champaign County ZBA (CCZBA) public hearing for these amendments at its June 6, 2019, meeting. Comments were received from ELUC and community members, and revisions were made based on that input. The CCZBA continued its public hearing on October 31, 2019. Case 945-AT-19 was forwarded to the ELUC with no recommendation due to a tie vote (three ayes, three nays). Case 946-AT-19 was forwarded to the ELUC with a recommendation for approval (four ayes, two nays). This indicates a slight preference for the alternative that includes the proposed increase in separation from one-half miles to one-and-a-half miles between the proposed solar farm and any municipality. The meeting memoranda can be found at http://www.co.champaign.il.us/CountyBoard/meetings_ZBA.php (see “2019 Meetings” for the September 26 Preliminary Memo and October 31 Supplemental Memo). The ELUC will hold its public hearing on these two cases at its January 9, 2020, meeting. If forwarded by the ELUC, the Champaign County Board would hear one or both of these two cases at its January 23, 2020, meeting, at the earliest.

Case 947-AT-19

According to materials provided by the applicant, at its May 9, 2019 meeting, the ELUC reviewed a memorandum regarding proposed changes to solar farm text amendment 895-AT-18. One of the proposed changes was to remove the one-half mile separation requirement between solar farms and the CR Conservation Recreation District. This current separation is similar to, but less than, the one-mile separation required between a proposed wind farm and the CR District. Based on the reviews of recently-authorized solar farms, the Zoning Administrator determined a minimum separation between a solar farm and the CR Conservation Recreation Zoning District is not necessary, and recommends removal of this requirement from the Zoning Ordinance.

The memo also included proposed changes involving the minimum required credit rating for financial institutions headquartered in Champaign County providing financial assurance for solar farms. The Ordinance currently requires that a financial institution providing financial assurance for decommissioning solar farms must have a minimum corporate debt rating of “A” by S&P or “A2” by Moody’s. Staff has been contacted about establishing alternative minimum credit ratings for

http://www.co.champaign.il.us/CountyBoard/meetings_ZBA.php

4

banks headquartered in Champaign County. Exhibit E shows the current and proposed text of the Ordinance.

At the May 9th meeting, the ELUC approved opening a CCZBA public hearing for these amendments at its June 6, 2019, meeting. The CCZBA public hearing was opened, and then continued to its November 14, 2019, meeting, and then to its January 16, 2020, meeting. The meeting memoranda can be found at http://www.co.champaign.il.us/CountyBoard/meetings_ZBA.php (see “2019 Meetings” for the September 26 Preliminary Memo and November 14 Supplemental Memo). If forwarded by the CCZBA, the ELUC will hold its public hearing on this case at its February 6, 2020, meeting, at the earliest. If forwarded by the ELUC, the Champaign County Board would hear this case at its February 20, 2020, meeting, at the earliest.

Discussion

County Zoning

Cases 945-AT-19 and 946-AT-19

City staff reviewed the alternative text amendments to determine potential impacts to land within the City’s boundary and ETJ, and for potential impacts to the City’s ability to plan or manage development. Staff does not anticipate a negative impact to the City or to the City’s ability to plan or manage growth or development. Staff acknowledges that Case 946-AT-19 requires an applicant to apply to the County Board for a waiver, and be granted that waiver, to locate closer than one-and-a-half miles to the city’s corporate limits. The City should consider whether solar farms are desirable, undesirable, or neutral land uses within the ETJ. Exhibit A shows the current text of the Ordinance. Exhibit B shows a mark-up of the proposed extended-review-time-only text (Case 945-AT-19). Exhibit C shows a mark-up of the proposed extended-review-time-plus-increased-buffer text (Case 946-AT-19). Exhibit D shows the differences in subsection 6.1.5.B.(2)a.(a) between these two versions.

City staff determined that the proposed amendments regarding notification of municipalities within one-and-a-half miles of a proposed solar farm are not relevant to the City because the County already notifies the City of Special Use Permit applications, including those for solar farms. Below are the proposed changes that are the most relevant to the City:

• Amend § 6.1.5.B.(2)a. to require a minimum distance of one-and-one-half miles between a proposed solar farm and an incorporated municipality with a zoning ordinance. As stated previously, a waiver may be granted by the County Board, if requested by the applicant. This would result in all existing approved solar farms being determined “nonconforming,” necessitating the passage of Parts D and E (described above) to allow said solar farms to be constructed or to make repairs if damaged more than 50% of replacement value. Case 946-AT-19 only.

• Add § 6.1.5.B.(2)d. to require municipal subdivision approval for any proposed solar farm land lease longer than five years by an relevant municipality that has an adopted comprehensive plan. Cases 945-AT-19 and 946-AT-19.


5

Case 947-AT-19

City staff reviewed the proposed Ordinance text amendment to determine potential impacts to land within the City’s boundary and ETJ, and for potential impacts to the City’s ability to plan or manage development. Staff does not anticipate a negative impact to the City or to the City’s ability to plan or manage growth or development. The proposed deletion of the one-half-mile buffer is not relevant to the City, as it only affects County CR zoning districts. The proposed requirement for locally-comparable financial assurances will not affect the City’s ability to plan or manage growth. Exhibit E shows a mark-up of the proposed text of the Ordinance.

Urbana 2005 Comprehensive Plan

By State law, the City has the ability to review zoning decisions within its ETJ for consistency with the City’s comprehensive plan. Therefore, Champaign County’s proposed Zoning Ordinance text amendment should be reviewed for consistency with the City of Urbana’s 2005 Comprehensive Plan, which includes the following pertinent goals and objectives:

Goal 6.0 Preserve natural resources (including air, water, and land) and environmentally-sensitive areas in the community.

Objective 6.2 Protect sensitive areas, such as wooded areas, major drainageways, and areas of topographic relief.

Goal 15.0 Encourage compact, contiguous, and sustainable growth patterns. Objective 15.5 Promote intergovernmental cooperation on development and growth issues.

Goal 16.0 Ensure that new land uses are compatible with and enhance the existing community.

Objective 16.2 Preserve agricultural lands and environmentally-sensitive areas outside the growth area of the city.

Goal 17.0 Minimize incompatible land uses. Objectives 17.1 Establish logical locations for land use types and mixes, minimizing potentially

incompatible interfaces, such as industrial uses near residential areas.

17.2 Where land use incompatibilities exist, promote development and design controls to minimize concerns.

Goal 21.0 Identify and address issues created by overlapping jurisdictions in the one-and-one-half mile Extraterritorial Jurisdictional area (ETJ).

Objectives 21.1 Coordinate with Champaign County on issues of zoning and subdivision in the ETJ.

21.2 Work with other units of government to resolve issues of urban development in unincorporated areas.

Goal 28.0 Develop a diversified and broad, stable tax base. Objective 28.1 Encourage an appropriate balance of residential, commercial, and industrial growth.

Goal 33.0 Provide maximum service and dependable utilities. Objective 33.5 Promote the use of alternative energy sources, such as wind and solar.

The proposed zoning ordinance text amendments are generally consistent with these City goals and objectives. They seek to increase the empowerment of neighboring municipalities – both home-rule

6

and non-home-rule – plan and manage growth in their extraterritorial jurisdictions by increasing the communication between the county and the municipality, increasing the instances and periods of comment, and, in one case, increasing the required financial health of the proposed developer.

Impacts to City of Urbana Zoning Within the City’s municipal boundaries, the proposed text amendments do not directly affect the use of land, nor do they affect the City’s ability to manage growth and development. Both Case 945-AT-19 and Case 946-AT-19 require the city to approve any solar farm land lease that is longer than five years. In addition, Case 946-AT-19 requires a developer who wishes to build a solar farm closer than one-and-a-half miles to the City’s corporate limits to apply to, and receive, a waiver from the County Board of this separation distance requirement. The City may view this as a beneficial buffer, as a barrier to development for land that may one day annex into the City, or both. Case 947-AT-19 should not impose any additional burden on the City. Staff does not anticipate a negative impact to the City or to the City’s ability to plan or manage growth or development. Summary of Staff Findings 1. The Champaign County Zoning Administrator proposes two alternative text amendments to

the Champaign County Zoning Ordinance concerning photovoltaic (PV) solar farms proposing to locate within one-and-a-half miles of an incorporated municipality with an adopted zoning ordinance. Both Case 945-AT-19 and Case 946-AT-19 propose to amend sections addressing notifications to neighboring municipalities, public hearing timelines, and comment periods. Case 946-AT-19 also increases the separation distance between a proposed solar farm and municipal corporation limits.

2. The Champaign County Zoning Administrator is also proposing text amendment Case 947-AT-19 to the Champaign County Zoning Ordinance to delete the one-half mile separation distance between a proposed solar farm and the CR Conservation Recreation Zoning District, and to require increased financial assurances.

3. All of the proposed text amendments are generally compatible with the land use policy goals and objectives of the 2005 Urbana Comprehensive Plan, which promote natural resource preservation, contiguous growth, economic stability, and compatibility of land uses.

4. The proposed text amendments would not pose significant negative impacts to land uses or to the ability of the City to manage growth and development of land currently within the City’s ETJ.

Options Cases 945-AT-19 and 946-AT-19 are alternative text amendments, and the Plan Commission should determine if one alternative better protects the City’s interests in planning and managing growth, or if both are similarly beneficial or detrimental to those interests.

The Plan Commission has the following options in CCZBA Case No. 945-AT-19, a request to amend the Champaign County Zoning Ordinance regarding solar farms proposing to locate within one-and-one-half miles of an incorporated municipality, on issues of notifying neighboring municipalities, public hearing timelines, and comment periods:

a. Forward the plan case to the City Council with a recommendation to defeat a resolution of protest; or

7

b. Forward the plan case to the City Council with a recommendation to defeat a resolution of protest, contingent upon specific provisions to be identified; or

c. Forward the plan case to the City Council with a recommendation to approve a resolution of protest.

The Plan Commission has the following options in CCZBA Case No. 946-AT-19, a request to amend the Champaign County Zoning Ordinance regarding solar farms proposing to locate within one-and-one-half miles of an incorporated municipality, on issues of notifying neighboring municipalities, public hearing timelines, comment periods, and requiring a minimum separation distance of one-and-one-half miles between said solar farm and municipality’s corporation limits:




The Plan Commission has the following options in CCZBA Case No. 947-AT-19, a request to amend the Champaign County Zoning Ordinance to eliminate the buffer requirement between a proposed solar farm and the CR Conservation Recreation Zoning District, and require local financial assurances:




Staff Recommendation Based upon the findings above, staff recommends that the Plan Commission forward to the City Council a recommendation:

• on Case 945-AT-19: to defeat a resolution of protest as presented.

• on Case 946-AT-19: to defeat a resolution of protest as presented.

• on Case 947-AT-19: to defeat a resolution of protest as presented. Attachments: Exhibit A: Current Solar Farm Zoning Ordinance Text Exhibit B: Proposed Marked-up Text of Case 945-AT-19 Exhibit C: Proposed Marked-up Text of Case 946-AT-19 Exhibit D: Comparison of Mark-ups of Cases 945-AT-19 and 946-AT-19 Full County Memos available at http://www.co.champaign.il.us/CountyBoard/meetings_ZBA.php cc: John Hall, Director, Champaign County Planning and Zoning Susan Burgstrom, Planner, Champaign County Planning and Zoning.


35

ATTACHMENT B. Existing Section 6.1.58.(2) of the Champaign County Zoning Ordinance FEBRUARY 27, 2019

The existing Section 6.1.SB.(2) is as follows:

(2) The PV SOLAR FARM County Board SPECIAL USE permit shall not be located in the following areas: a. Less than one-and-one-half miles from an incorporated municipality that

has a zoning ordinance unless the following is provided: (a) No part of a PV SOLAR FARM shall be located within a

contiguous urban growth area (CUGA) as indicated in the most recent update of the CUGA in the Champaign County Land Resource Management Plan, and there shall be a separation of onehalf mile from a proposed PV SOLAR FARM to a municipal boundary at the time of application for the SPECIAL USE Permit, except for any power lines of 34.S kV A or less and except for any proposed PV SOLAR FARM substation and related proposed connection to an existing substation.

(b) The PV SOLAR FARM SPECIAL USE permit application shall include documentation that the applicant has provided a complete copy of the SPECIAL USE permit application to any municipality within one-and-one-half miles of the proposed PV SOLAR FARM.

( c) If no municipal resolution regarding the PV SOLAR FARM is received from any municipality located within one-and-one-half miles of the PV SOLAR FARM prior to the consideration of the PV SOLAR FARM SPECIAL USE permit by the Champaign County Board, the ZONING ADMINISTRATOR shall provide documentation to the County Board that any municipality within one-and-one-half miles of the PV SOLAR FARM was provided notice of the meeting dates for consideration of the proposed PV SOLAR FARM SPECIAL USE Permit for both the Environment and Land Use Committee and the County Board.

b. Less than one-half mile from the CR Conservation Recreation Zoning District.

Cases 945-AT-19 & 946-AT-19

ZBA 09/26/19, Attachment 2 Page 3 of 6

Exhibit A: Current Solar Farm Zoning Ordinance Text

1. Revise Section 6.1.5B.(2) as follows:

(2) The PV SOLAR FARM County Board SPECIAL USE permit shall not be locatedin the following areas:a. Less than one-and-one-half miles from an incorporated municipality that

has a zoning ordinance except for any power lines of 34.5 kVA or less andany related proposed connection to an existing substation. Any request fora waiver of this minimum separation shall include unless the following isprovided: (a) No part of a PV SOLAR FARM shall be located within a

contiguous urban growth area (CUGA) as indicated in the mostrecent update of the CUGA in the Champaign County LandResource Management Plan, and there shall be a separation of one-half mile from a proposed PV SOLAR FARM to a municipalboundary at the time of application for the SPECIAL USE Permit,except for any power lines of 34.5 kVA or less and except for anyproposed PV SOLAR FARM substation and related proposedconnection to an existing substation.

{NOTE: The 11/5/18 letter from non-home rule municipalities requested an increase of the required separation to one-and-one-half miles and better notification to municipalities. This alternative version of the amendment only provides the better notification. Increasing the minimum separation distance to more than one-half mile will make all existing approved solar farms “nonconforming” which will interfere with the right to make repairs if an already approved PV SOLAR FARM is damaged to more than 50% of replacement value so changes are also proposed to Section 8 Nonconformities. See proposed changes to Zoning Ordinance Section 8.2.}

(b) The ZONING ADMINISTRATOR shall notify in writing anymunicipality that is located within one-and one-half miles of any proposed PV SOLAR FARM upon the receipt of any substantial PV SOLAR FARM SPECIAL USE permit application in addition to any notice otherwise required.

(b c) The PV SOLAR FARM SPECIAL USE permit application shall include documentation that the applicant has provided a complete copy of the SPECIAL USE permit application to any municipality within one-and-one-half miles of the proposed PV SOLAR FARM.

(d) Municipal subdivision approval for any PV SOLAR FARM landlease exceeding five years may be required by any relevant municipal authority that has an adopted comprehensive plan and when required said subdivision approval shall be necessary for compliance with Section 13.2.1.

Cases 945-AT-19 & 946-AT-19


Exhibit B: Proposed Marked-up Text of Case 945-AT-19

(e) The public hearing for any proposed PV SOLAR FARM that islocated within one-and-one-half miles of a municipality that has a zoning ordinance shall occur at a minimum of two BOARD meetings that are not less than 28 days apart to provide time for municipal comments during the public hearing, unless the 28-day comment period is waived in writing by any relevant municipality.

(d f) For any proposed PV SOLAR FARM that is located within one-and-one-half miles of a municipality that has a zoning ordinance, the ZONING ADMINISTRATOR shall notify said municipality of the recommendation by the BOARD after the close of the public hearing.

{Note: This part of the amendment was not requested in the 11/5/18 letter from non-home rule municipalities but a communication to any affected municipality at the end of the public hearing is reasonable to ensure good coordination.}

(e g) After the initial review of the BOARD recommendation for the PV SOLAR FARM SPECIAL USE permit by the Environment and Land Use Committee of the COUNTY BOARD, if the Environment and Land Use Committee makes a preliminary determination to accept the BOARD recommendation, the PV SOLAR FARM SPECIAL USE permit shall remain at the Environment and Land Use Committee for a maximum 30-day comment period, or until the next regularly scheduled meeting, to allow comments regarding the PV SOLAR FARM SPECIAL USE permit to be received from any relevant municipal authority prior to the Environment and Land Use Committee recommendation to the County Board, unless the municipal comment period is waived in writing by any relevant municipality. If a PV SOLAR FARM is not located within one-and-one-half miles of a municipality the Environment and Land Use recommendation can be referred to the County Board without a municipal comment period.

{NOTE: This part of the amendment was not requested in the 11/5/18 letter from non-home rule municipalities but is consistent with comments made by some municipal planning staffs and should facilitate consideration by non-home rule municipalities. Note that the same review described above could be added under Section 9.2 Amendments to formalize the review of text amendments.}

(c h) If no municipal resolution regarding the PV SOLAR FARM is received from any municipality located within one-and-one-half miles of the PV SOLAR FARM prior to the consideration of the

Cases 945-AT-19 & 946-AT-19



PV SOLAR FARM SPECIAL USE permit by the Champaign County Board, the ZONING ADMINISTRATOR shall provide documentation to the County Board that any municipality within one-and-one-half miles of the PV SOLAR FARM was provided notice of the meeting dates for consideration of the proposed PV SOLAR FARM SPECIAL USE Permit for both the Environment and Land Use Committee and the County Board.

2. Add the following to Section 8.2.3 at the end:

The requirements of Section 8.2.3 shall not apply to any PV SOLAR FARM authorized prior to {effective date of this amendment} or PV SOLAR FARM equipment that is in the process of being repaired or replaced.

{Note: This part of the amendment was not requested in the 11/5/18 letter from non-home rule municipalities but is recommended to correct for making recently authorized PV SOLAR FARMS “nonconforming”. This part of the amendment makes clear that any recently authorized PV SOLAR FARM that later fails to operate and is in the process of being repaired will not lose its zoning right to operate.}

3. Add new Section 8.2.4 as follows:

8.2.4 For purposes of applicability of this Section 8.2 to any PV SOLAR FARM, any PVSOLAR FARM for which a SPECIAL USE permit had been authorized prior to {effective date of this amendment}, said PV SOLAR FARM may be constructed in compliance with the SPECIAL USE permit and subject to a duly approved Zoning Use Permit so long as the construction shall be consistent with the SPECIAL USE permit expiration requirements of Section 6.1.5T. and any special conditions of approval that may be applicable.

{Note: This part of the amendment was not requested in the 11/5/18 letter from non-home rule municipalities but is recommended to correct for making recently authorized PV SOLAR FARMS “nonconforming”. This part of the amendment corrects for that part of Section 8.2 that refers to ‘…a lawful USE of land exists…” and it makes clear that any recently authorized PV SOLAR FARM may be constructed pursuant to the standard requirement of a Zoning Use Permit, provided that the Special Use Permit has not expired.}

Cases 945-AT-19 & 946-AT-19



1. Revise Section 6.1.5B.(2) as follows:

(2) The PV SOLAR FARM County Board SPECIAL USE permit shall not be locatedin the following areas:a. Less than one-and-one-half miles from an incorporated municipality that

has a zoning ordinance except for any power lines of 34.5 kVA or less andany related proposed connection to an existing substation. Any request fora waiver of this minimum separation shall include unless the following isprovided: (a) No part of a PV SOLAR FARM shall be located within a

contiguous urban growth area (CUGA) as indicated in the mostrecent update of the CUGA in the Champaign County LandResource Management Plan, and there shall be a separation of one-half mile from a proposed PV SOLAR FARM to a municipalboundary at the time of application for the SPECIAL USE Permit,except for any power lines of 34.5 kVA or less and except for anyproposed PV SOLAR FARM substation and related proposedconnection to an existing substation.

{NOTE: The 11/5/18 letter from non-home rule municipalities requested an increase of the required separation to one-and-one-half miles and better notification to municipalities. Increasing the minimum separation distance to more than one-half mile will make all existing approved solar farms “nonconforming” which will interfere with the right to make repairs if an already approved PV SOLAR FARM is damaged to more than 50% of replacement value so changes are also proposed to Section 8 Nonconformities. See proposed changes to Zoning Ordinance Section 8.2.}

(b) The ZONING ADMINISTRATOR shall notify in writing anymunicipality that is located within one-and one-half miles of any proposed PV SOLAR FARM upon the receipt of any substantial PV SOLAR FARM SPECIAL USE permit application in addition to any notice otherwise required.

(b c) The PV SOLAR FARM SPECIAL USE permit application shall include documentation that the applicant has provided a complete copy of the SPECIAL USE permit application to any municipality within one-and-one-half miles of the proposed PV SOLAR FARM.

(d) Municipal subdivision approval for any PV SOLAR FARM landlease exceeding five years may be required by any relevant municipal authority that has an adopted comprehensive plan and when required said subdivision approval shall be necessary for compliance with Section 13.2.1.

Cases 945-AT-19 & 946-AT-19


Exhibit C: Proposed Marked-up Text of Case 946-AT-19

(e) The public hearing for any proposed PV SOLAR FARM that is located within one-and-one-half miles of a municipality that has a zoning ordinance shall occur at a minimum of two BOARD meetings that are not less than 28 days apart to provide time for municipal comments during the public hearing, unless the 28-day comment period is waived in writing by any relevant municipality.

(d f) For any proposed PV SOLAR FARM that is located within one-

and-one-half miles of a municipality that has a zoning ordinance, the ZONING ADMINISTRATOR shall notify said municipality of the recommendation by the BOARD after the close of the public hearing.

{Note: This part of the amendment was not requested in the 11/5/18 letter from non-home rule

municipalities but a communication to any affected municipality at the end of the public hearing is reasonable to ensure good coordination.}

(e g) After the initial review of the BOARD recommendation for the PV

SOLAR FARM SPECIAL USE permit by the Environment and Land Use Committee of the COUNTY BOARD, if the Environment and Land Use Committee makes a preliminary determination to accept the BOARD recommendation, the PV SOLAR FARM SPECIAL USE permit shall remain at the Environment and Land Use Committee for a maximum 30-day comment period, or until the next regularly scheduled meeting, to allow comments regarding the PV SOLAR FARM SPECIAL USE permit to be received from any relevant municipal authority prior to the Environment and Land Use Committee recommendation to the County Board, unless the municipal comment period is waived in writing by any relevant municipality. If a PV SOLAR FARM is not located within one-and-one-half miles of a municipality the Environment and Land Use recommendation can be referred to the County Board without a municipal comment period.

{NOTE: This part of the amendment was not requested in the 11/5/18 letter from non-home rule

municipalities but is consistent with comments made by some municipal planning staffs and should facilitate consideration by non-home rule municipalities. Note that the same review described above could be added under Section 9.2 Amendments to formalize the review of text amendments.}

(c h) If no municipal resolution regarding the PV SOLAR FARM is

received from any municipality located within one-and-one-half miles of the PV SOLAR FARM prior to the consideration of the PV SOLAR FARM SPECIAL USE permit by the Champaign

Cases 945-AT-19 & 946-AT-19



County Board, the ZONING ADMINISTRATOR shall provide documentation to the County Board that any municipality within one-and-one-half miles of the PV SOLAR FARM was provided notice of the meeting dates for consideration of the proposed PV SOLAR FARM SPECIAL USE Permit for both the Environment and Land Use Committee and the County Board.

2. Add the following to Section 8.2.3 at the end:

The requirements of Section 8.2.3 shall not apply to any PV SOLAR FARM authorized prior to {effective date of this amendment} or PV SOLAR FARM equipment that is in the process of being repaired or replaced.


municipalities but is recommended to correct for making recently authorized PV SOLAR FARMS “nonconforming”. This part of the amendment makes clear that any recently authorized PV SOLAR FARM that later fails to operate and is in the process of being repaired will not lose its zoning right to operate.}

3. Add new Section 8.2.4 as follows:

8.2.4 For purposes of applicability of this Section 8.2 to any PV SOLAR FARM, any PV SOLAR FARM for which a SPECIAL USE permit had been authorized prior to {effective date of this amendment}, said PV SOLAR FARM may be constructed in compliance with the SPECIAL USE permit and subject to a duly approved Zoning Use Permit so long as the construction shall be consistent with the SPECIAL USE permit expiration requirements of Section 6.1.5T. and any special conditions of approval that may be applicable.


municipalities but is recommended to correct for making recently authorized PV SOLAR FARMS “nonconforming”. This part of the amendment corrects for that part of Section 8.2 that refers to ‘…a lawful USE of land exists…” and it makes clear that any recently authorized PV SOLAR FARM may be constructed pursuant to the standard requirement of a Zoning Use Permit, provided that the Special Use Permit has not expired.}

Cases 945-AT-19 & 946-AT-19



Side

-by-

side

com

paris

on o

f pro

pose

d te

xt a

men

dmen

ts in

Cas

es 9

45-A

M-1

9 an

d 94

6-AM

-19

Und

erlin

e is

prop

osed

add

ed la

ngua

ge

Strik

ethr

ough

is p

ropo

sed

dele

ted

lang

uage

G

ray

high

light

is o

nly

diffe

renc

e be

twee

n th

e ca

ses

Page

1 o

f 3

Cas

e 94

5-A

T-1

9 C

ase

946-

AT

-19

1.R

evis

e Se

ctio

n 6.

1.5B

.(2) a

s fol

low

s:(2

)Th

e PV

SO

LAR

FA

RM

Cou

nty

Boa

rd S

PEC

IAL

USE

per

mit

shal

l not

be lo

cate

d in

the

follo

win

g ar

eas:

a.Le

ss th

an o

ne-a

nd-o

ne-h

alf m

iles f

rom

an

inco

rpor

ated

mun

icip

ality

that

has

a z

onin

g or

dina

nce

exce

pt fo

r any

pow

er li

nes

of 3

4.5

kVA

or l

ess a

nd a

ny re

late

d pr

opos

ed c

onne

ctio

n to

an

exis

ting

subs

tatio

n. A

ny re

ques

t for

a w

aive

r of t

his m

inim

umse

para

tion

shal

l inc

lude

unl

ess t

he fo

llow

ing

is p

rovi

ded:

(a)

No

part

of a

PV

SO

LAR

FA

RM

shal

l be

loca

ted

with

in a

cont

iguo

us u

rban

gro

wth

are

a (C

UG

A) a

s ind

icat

ed in

the

mos

t rec

ent u

pdat

e of

the

CUG

A in

the

Cha

mpa

ign

Cou

nty

Land

Res

ourc

e M

anag

emen

t Pla

n, a

nd th

ere

shal

l be

ase

para

tion

of o

ne-h

alf m

ile fr

om a

pro

pose

d PV

SO

LAR

FAR

M to

a m

unic

ipal

bou

ndar

y at

the

time

of a

pplic

atio

n fo

rth

e SP

ECIA

L U

SE P

erm

it, e

xcep

t for

any

pow

er li

nes o

f 34.

5kV

A o

r les

s and

exc

ept f

or a

ny p

ropo

sed

PV S

OLA

R F

AR

Msu

bsta

tion

and

rela

ted

prop

osed

con

nect

ion

to a

n ex

istin

gsu

bsta

tion.

(b)

The

ZON

ING

AD

MIN

ISTR

ATO

R sh

all n

otify

in w

ritin

g an

ym

unic

ipal

ity th

at is

loca

ted

with

in o

ne-a

nd o

ne-h

alf m

iles o

f an

y pr

opos

ed P

V S

OLA

R F

AR

M u

pon

the

rece

ipt o

f any

su

bsta

ntia

l PV

SO

LAR

FA

RM

SPE

CIA

L U

SE p

erm

it ap

plic

atio

n in

add

ition

to a

ny n

otic

e ot

herw

ise

requ

ired.

(bc)

The

PV

SO

LAR

FA

RM

SPE

CIA

L U

SE p

erm

it ap

plic

atio

n sh

all i

nclu

de d

ocum

enta

tion

that

the

appl

ican

t has

pro

vide

d a

com

plet

e co

py o

f the

SPE

CIA

L U

SE p

erm

it ap

plic

atio

n to

any

m

unic

ipal

ity w

ithin

one

-and

-one

-hal

f mile

s of t

he p

ropo

sed

PV

SOLA

R F

AR

M.

(d)

Mun

icip

al su

bdiv

isio

n ap

prov

al fo

r any

PV

SO

LAR

FA

RM

land

leas

e ex

ceed

ing

five

year

s may

be

requ

ired

by a

ny

rele

vant

mun

icip

al a

utho

rity

that

has

an

adop

ted

com

preh

ensi

ve p

lan

and

whe

n re

quire

d sa

id su

bdiv

isio

n ap

prov

al sh

all b

e ne

cess

ary

for c

ompl

ianc

e w

ith S

ectio

n 13

.2.1

.

1.R

evis

e Se

ctio

n 6.

1.5B

.(2) a

s fol

low

s:(2

)Th

e PV

SO

LAR

FA

RM

Cou

nty

Boa

rd S

PEC

IAL

USE

per

mit

shal

lno

t be

loca

ted

in th

e fo

llow

ing

area

s:a.

Less

than

one

-and

-one

-hal

f mile

s fro

m a

n in

corp

orat

edm

unic

ipal

ity th

at h

as a

zon

ing

ordi

nanc

e ex

cept

for a

ny p

ower

lines

of 3

4.5

kVA

or l

ess a

nd a

ny re

late

d pr

opos

ed c

onne

ctio

n to

an e

xist

ing

subs

tatio

n. A

ny re

ques

t for

a w

aive

r of t

his m

inim

umse

para

tion

shal

l inc

lude

unl

ess t

he fo

llow

ing

is p

rovi

ded:

(a)

No

part

of a

PV

SO

LAR

FA

RM

shal

l be

loca

ted

with

in a

cont

iguo

us u

rban

gro

wth

are

a (C

UG

A) a

s ind

icat

ed in

the

mos

t rec

ent u

pdat

e of

the

CUG

A in

the

Cha

mpa

ign

Cou

nty

Land

Res

ourc

e M

anag

emen

t Pla

n, a

nd th

ere

shal

l be

ase

para

tion

of o

ne-h

alf m

ile fr

om a

pro

pose

d PV

SO

LAR

FAR

M to

a m

unic

ipal

bou

ndar

y at

the

time

of a

pplic

atio

n fo

rth

e SP

ECIA

L U

SE P

erm

it, e

xcep

t for

any

pow

er li

nes o

f 34.

5kV

A o

r les

s and

exc

ept f

or a

ny p

ropo

sed

PV S

OLA

R F

AR

Msu

bsta

tion

and

rela

ted

prop

osed

con

nect

ion

to a

n ex

istin

gsu

bsta

tion.

(b)

The

ZON

ING

AD

MIN

ISTR

ATO

R sh

all n

otify

in w

ritin

g an

ym

unic

ipal

ity th

at is

loca

ted

with

in o

ne-a

nd o

ne-h

alf m

iles o

f an

y pr

opos

ed P

V S

OLA

R F

AR

M u

pon

the

rece

ipt o

f any

su

bsta

ntia

l PV

SO

LAR

FA

RM

SPE

CIA

L U

SE p

erm

it ap

plic

atio

n in

add

ition

to a

ny n

otic

e ot

herw

ise

requ

ired.

(bc)

The

PV

SO

LAR

FA

RM

SPE

CIA

L U

SE p

erm

it ap

plic

atio

n sh

all i

nclu

de d

ocum

enta

tion

that

the

appl

ican

t has

pro

vide

d a

com

plet

e co

py o

f the

SPE

CIA

L U

SE p

erm

it ap

plic

atio

n to

an

y m

unic

ipal

ity w

ithin

one

-and

-one

-hal

f mile

s of t

he

prop

osed

PV

SO

LAR

FA

RM

.

(d)

Mun

icip

al su

bdiv

isio

n ap

prov

al fo

r any

PV

SO

LAR

FA

RM

land

leas

e ex

ceed

ing

five

year

s may

be

requ

ired

by a

ny

rele

vant

mun

icip

al a

utho

rity

that

has

an

adop

ted

com

preh

ensi

ve p

lan

and

whe

n re

quire

d sa

id su

bdiv

isio

n ap

prov

al sh

all b

e ne

cess

ary

for c

ompl

ianc

e w

ith S

ectio

n 13

.2.1

.

Cases 945-AT-19 & 946-AT-19, ZBA 09/26/19, Attachment 4 Page 1 of 3

Exhibit D: Comparison of Mark-ups of Cases 945-AT-19 and 946-AT-19

Side

-by-

side

com

paris

on o

f pro

pose

d te

xt a

men

dmen

ts in

Cas

es 9

45-A

M-1

9 an

d 94

6-AM

-19

U

nder

line

is pr

opos

ed a

dded

lang

uage

Strik

ethr

ough

is p

ropo

sed

dele

ted

lang

uage

Gr

ay h

ighl

ight

is o

nly

diffe

renc

e be

twee

n th

e ca

ses

Page

2 o

f 3

(e)

The

publ

ic h

earin

g fo

r any

pro

pose

d PV

SO

LAR

FA

RM

that

is

loca

ted

with

in o

ne-a

nd-o

ne-h

alf m

iles o

f a m

unic

ipal

ity th

at

has a

zon

ing

ordi

nanc

e sh

all o

ccur

at a

min

imum

of t

wo

BO

AR

D m

eetin

gs th

at a

re n

ot le

ss th

an 2

8 da

ys a

part

to

prov

ide

time

for m

unic

ipal

com

men

ts d

urin

g th

e pu

blic

he

arin

g, u

nles

s the

28-

day

com

men

t per

iod

is w

aive

d in

w

ritin

g by

any

rele

vant

mun

icip

ality

. (d

f) F

or a

ny p

ropo

sed

PV S

OLA

R F

AR

M th

at is

loca

ted

with

in

one-

and-

one-

half

mile

s of a

mun

icip

ality

that

has

a z

onin

g or

dina

nce,

the

ZON

ING

AD

MIN

ISTR

ATO

R sh

all n

otify

said

m

unic

ipal

ity o

f the

reco

mm

enda

tion

by th

e B

OA

RD

afte

r the

cl

ose

of th

e pu

blic

hea

ring.

(e

g) A

fter t

he in

itial

revi

ew o

f the

BO

AR

D re

com

men

datio

n fo

r th

e PV

SO

LAR

FA

RM

SPE

CIA

L U

SE p

erm

it by

the

Envi

ronm

ent a

nd L

and

Use

Com

mitt

ee o

f the

CO

UN

TY

BO

AR

D, i

f the

Env

ironm

ent a

nd L

and

Use

Com

mitt

ee m

akes

a

prel

imin

ary

dete

rmin

atio

n to

acc

ept t

he B

OA

RD

re

com

men

datio

n, th

e PV

SO

LAR

FA

RM

SPE

CIA

L U

SE

perm

it sh

all r

emai

n at

the

Envi

ronm

ent a

nd L

and

Use

C

omm

ittee

for a

max

imum

30-

day

com

men

t per

iod,

or u

ntil

the

next

regu

larly

sche

dule

d m

eetin

g, to

allo

w c

omm

ents

re

gard

ing

the

PV S

OLA

R F

AR

M S

PEC

IAL

USE

per

mit

to b

e re

ceiv

ed fr

om a

ny re

leva

nt m

unic

ipal

aut

horit

y pr

ior t

o th

e En

viro

nmen

t and

Lan

d U

se C

omm

ittee

reco

mm

enda

tion

to th

e C

ount

y B

oard

, unl

ess t

he m

unic

ipal

com

men

t per

iod

is w

aive

d in

writ

ing

by a

ny re

leva

nt m

unic

ipal

ity. I

f a P

V S

OLA

R

FAR

M is

not

loca

ted

with

in o

ne-a

nd-o

ne-h

alf m

iles o

f a

mun

icip

ality

the

Envi

ronm

ent a

nd L

and

Use

reco

mm

enda

tion

can

be re

ferr

ed to

the

Cou

nty

Boa

rd w

ithou

t a m

unic

ipal

co

mm

ent p

erio

d.

(ch)

If n

o m

unic

ipal

reso

lutio

n re

gard

ing

the

PV S

OLA

R F

AR

M is

re

ceiv

ed fr

om a

ny m

unic

ipal

ity lo

cate

d w

ithin

one

-and

-one

-ha

lf m

iles o

f the

PV

SO

LAR

FA

RM

prio

r to

the

cons

ider

atio

n of

the

PV S

OLA

R F

AR

M S

PEC

IAL

USE

per

mit

by th

e C

ham

paig

n C

ount

y B

oard

, the

ZO

NIN

G A

DM

INIS

TRA

TOR

(e)

The

publ

ic h

earin

g fo

r any

pro

pose

d PV

SO

LAR

FA

RM

that

is

loca

ted

with

in o

ne-a

nd-o

ne-h

alf m

iles o

f a m

unic

ipal

ity th

at

has a

zon

ing

ordi

nanc

e sh

all o

ccur

at a

min

imum

of t

wo

BO

AR

D m

eetin

gs th

at a

re n

ot le

ss th

an 2

8 da

ys a

part

to

prov

ide

time

for m

unic

ipal

com

men

ts d

urin

g th

e pu

blic

he

arin

g, u

nles

s the

28-

day

com

men

t per

iod

is w

aive

d in

w

ritin

g by

any

rele

vant

mun

icip

ality

. (d

f) F

or a

ny p

ropo

sed

PV S

OLA

R F

AR

M th

at is

loca

ted

with

in

one-

and-

one-

half

mile

s of a

mun

icip

ality

that

has

a z

onin

g or

dina

nce,

the

ZON

ING

AD

MIN

ISTR

ATO

R sh

all n

otify

said

m

unic

ipal

ity o

f the

reco

mm

enda

tion

by th

e B

OA

RD

afte

r the

cl

ose

of th

e pu

blic

hea

ring.

(e

g) A

fter t

he in

itial

revi

ew o

f the

BO

AR

D re

com

men

datio

n fo

r th

e PV

SO

LAR

FA

RM

SPE

CIA

L U

SE p

erm

it by

the

Envi

ronm

ent a

nd L

and

Use

Com

mitt

ee o

f the

CO

UN

TY

BO

AR

D, i

f the

Env

ironm

ent a

nd L

and

Use

Com

mitt

ee m

akes

a

prel

imin

ary

dete

rmin

atio

n to

acc

ept t

he B

OA

RD

re

com

men

datio

n, th

e PV

SO

LAR

FA

RM

SPE

CIA

L U

SE

perm

it sh

all r

emai

n at

the

Envi

ronm

ent a

nd L

and

Use

C

omm

ittee

for a

max

imum

30-

day

com

men

t per

iod,

or u

ntil

the

next

regu

larly

sche

dule

d m

eetin

g, to

allo

w c

omm

ents

re

gard

ing

the

PV S

OLA

R F

AR

M S

PEC

IAL

USE

per

mit

to b

e re

ceiv

ed fr

om a

ny re

leva

nt m

unic

ipal

aut

horit

y pr

ior t

o th

e En

viro

nmen

t and

Lan

d U

se C

omm

ittee

reco

mm

enda

tion

to

the

Cou

nty

Boa

rd, u

nles

s the

mun

icip

al c

omm

ent p

erio

d is

w

aive

d in

writ

ing

by a

ny re

leva

nt m

unic

ipal

ity. I

f a P

V

SOLA

R F

AR

M is

not

loca

ted

with

in o

ne-a

nd-o

ne-h

alf m

iles

of a

mun

icip

ality

the

Envi

ronm

ent a

nd L

and

Use

re

com

men

datio

n ca

n be

refe

rred

to th

e C

ount

y B

oard

with

out

a m

unic

ipal

com

men

t per

iod.

(c

h) If

no

mun

icip

al re

solu

tion

rega

rdin

g th

e PV

SO

LAR

FA

RM

is

rece

ived

from

any

mun

icip

ality

loca

ted

with

in o

ne-a

nd-o

ne-

half

mile

s of t

he P

V S

OLA

R F

AR

M p

rior t

o th

e co

nsid

erat

ion

of th

e PV

SO

LAR

FA

RM

SPE

CIA

L U

SE p

erm

it by

the

Cha

mpa

ign

Cou

nty

Boa

rd, t

he Z

ON

ING

AD

MIN

ISTR

ATO

R



Side

-by-

side

com

paris

on o

f pro

pose

d te

xt a

men

dmen

ts in

Cas

es 9

45-A

M-1

9 an

d 94

6-AM

-19

U

nder

line

is pr

opos

ed a

dded

lang

uage

Strik

ethr

ough

is p

ropo

sed

dele

ted

lang

uage

Gr

ay h

ighl

ight

is o

nly

diffe

renc

e be

twee

n th

e ca

ses

Page

3 o

f 3

shal

l pro

vide

doc

umen

tatio

n to

the

Cou

nty

Boa

rd th

at a

ny

mun

icip

ality

with

in o

ne-a

nd-o

ne-h

alf m

iles o

f the

PV

SO

LAR

FA

RM

was

pro

vide

d no

tice

of th

e m

eetin

g da

tes f

or

cons

ider

atio

n of

the

prop

osed

PV

SO

LAR

FA

RM

SPE

CIA

L U

SE P

erm

it fo

r bot

h th

e En

viro

nmen

t and

Lan

d U

se

Com

mitt

ee a

nd th

e C

ount

y B

oard

.

shal

l pro

vide

doc

umen

tatio

n to

the

Cou

nty

Boa

rd th

at a

ny

mun

icip

ality

with

in o

ne-a

nd-o

ne-h

alf m

iles o

f the

PV

SO

LAR

FA

RM

was

pro

vide

d no

tice

of th

e m

eetin

g da

tes f

or

cons

ider

atio

n of

the

prop

osed

PV

SO

LAR

FA

RM

SPE

CIA

L U

SE P

erm

it fo

r bot

h th

e En

viro

nmen

t and

Lan

d U

se

Com

mitt

ee a

nd th

e C

ount

y B

oard

.

2.

Add

the

follo

win

g to

Sec

tion

8.2.

3 at

the

end:

Th

e re

quire

men

ts o

f Sec

tion

8.2.

3 sh

all n

ot a

pply

to a

ny P

V S

OLA

R

FAR

M a

utho

rized

prio

r to

{eff

ectiv

e da

te o

f thi

s am

endm

ent}

or P

V

SOLA

R F

AR

M e

quip

men

t tha

t is i

n th

e pr

oces

s of b

eing

repa

ired

or

repl

aced

.

2.

Add

the

follo

win

g to

Sec

tion

8.2.

3 at

the

end:

Th

e re

quire

men

ts o

f Sec

tion

8.2.

3 sh

all n

ot a

pply

to a

ny P

V S

OLA

R

FAR

M a

utho

rized

prio

r to

{eff

ectiv

e da

te o

f thi

s am

endm

ent}

or P

V

SOLA

R F

AR

M e

quip

men

t tha

t is i

n th

e pr

oces

s of b

eing

repa

ired

or

repl

aced

.

3.

Add

new

Sec

tion

8.2.

4 as

follo

ws:

Fo

r pur

pose

s of a

pplic

abili

ty o

f thi

s Sec

tion

8.2

to a

ny P

V S

OLA

R

FAR

M, a

ny P

V S

OLA

R F

AR

M fo

r whi

ch a

SPE

CIA

L U

SE p

erm

it ha

d be

en a

utho

rized

prio

r to

{eff

ectiv

e da

te o

f thi

s am

endm

ent}

, sai

d PV

SO

LAR

FA

RM

may

be

cons

truct

ed in

com

plia

nce

with

the

SPEC

IAL

USE

per

mit

and

subj

ect t

o a

duly

app

rove

d Zo

ning

Use

Per

mit

so lo

ng a

s th

e co

nstru

ctio

n sh

all b

e co

nsis

tent

with

the

SPEC

IAL

USE

per

mit

expi

ratio

n re

quire

men

ts o

f Sec

tion

6.1.

5T. a

nd a

ny sp

ecia

l con

ditio

ns o

f ap

prov

al th

at m

ay b

e ap

plic

able

.

3. A

dd n

ew S

ectio

n 8.

2.4

as fo

llow

s:

For p

urpo

ses o

f app

licab

ility

of t

his S

ectio

n 8.

2 to

any

PV

SO

LAR

FA

RM

, any

PV

SO

LAR

FA

RM

for w

hich

a S

PEC

IAL

USE

per

mit

had

been

aut

horiz

ed p

rior t

o {e

ffec

tive

date

of t

his a

men

dmen

t}, s

aid

PV

SOLA

R F

AR

M m

ay b

e co

nstru

cted

in c

ompl

ianc

e w

ith th

e SP

ECIA

L U

SE p

erm

it an

d su

bjec

t to

a du

ly a

ppro

ved

Zoni

ng U

se P

erm

it so

long

as

the

cons

truct

ion

shal

l be

cons

iste

nt w

ith th

e SP

ECIA

L U

SE p

erm

it ex

pira

tion

requ

irem

ents

of S

ectio

n 6.

1.5T

. and

any

spec

ial c

ondi

tions

of

appr

oval

that

may

be

appl

icab

le.



PRELIMINARY DRAFT Case 947-AT-19 Page 12 of 13

PROPOSED AMENDMENT FOR CASE 947-AT-19

1. Delete existing Section 6.1.5 B.(2)b.:

(2) The PV SOLAR FARM County Board SPECIAL USE permit shall not be located inthe following areas:a. Less than one-and-one-half miles from an incorporated municipality that has

a zoning ordinance unless the following is provided:(a) No part of a PV SOLAR FARM shall be located within a contiguous

urban growth area (CUGA) as indicated in the most recent update ofthe CUGA in the Champaign County Land Resource ManagementPlan, and there shall be a separation of one-half mile from a proposedPV SOLAR FARM to a municipal boundary at the time ofapplication for the SPECIAL USE Permit, except for any power linesof 34.5 kVA or less and except for any proposed PV SOLAR FARMsubstation and related proposed connection to an existing substation.

(b) The PV SOLAR FARM SPECIAL USE permit application shallinclude documentation that the applicant has provided a completecopy of the SPECIAL USE permit application to any municipalitywithin one-and-one-half miles of the proposed PV SOLAR FARM.

(c) If no municipal resolution regarding the PV SOLAR FARM isreceived from any municipality located within one-and-one-halfmiles of the PV SOLAR FARM prior to the consideration of the PVSOLAR FARM SPECIAL USE permit by the Champaign CountyBoard, the ZONING ADMINISTRATOR shall providedocumentation to the County Board that any municipality within one-and-one-half miles of the PV SOLAR FARM was provided notice ofthe meeting dates for consideration of the proposed PV SOLARFARM SPECIAL USE Permit for both the Environment and LandUse Committee and the County Board.

b. Less than one-half mile from the CR Conservation Recreation Zoning District.

2. Revise Section 6.1.S Q.(4)e. as follows:

e. The long term corporate debt (credit) rating of the letter of credit issuingfinancial institution by both Standard & Poor’s Financial Services LLC(S&P) and Moody’s Investors Service (Moody’s) shall be equal to or greaterthan the minimum acceptable long term corporate debt (credit) rating, asfollows:(a) The Zoning Administrator shall verify the long term corporate debt

(credit) rating of the proposed financial institution by both Standard& Poor’s Financial Services LLC (S&P) and/or Moody’s InvestorsService (Moody’s).

Case 947-AT-19, ZBA 09/26/19, Attachment E Page 12 of 13

Exhibit E: Proposed Marked-up Text of Case 947-AT-19

Case 947-AT-19 PRELIMINARY DRAFT Page 13 of 13

(b) The minimum acceptable long term corporate debt (credit) rating of the proposed financial institution shall be a rating of “A” by S&P or a rating of “A2” by Moody’s.

(c) Notwithstanding the requirements of Section 6.l.5 Q.(4)e.(a)-(b), if

the financial institution issuing the letter of credit is headquartered in a municipality within Champaign County, Illinois, an alternative minimum acceptable credit rating shall be a rating of "A-" by the Kroll Bond Rating Agency and shall be verified by the Zoning Administrator.

(cd) Whenever the most current long term corporate debt (credit) rating of

the proposed financial institution by either S&P or Moody’s, or in the case of a financial institution headquartered in a municipality in Champaign County, Illinois, the Kroll Bond Rating Agency is lower than the minimum acceptable long term corporate debt (credit) rating, the letter of credit shall be replaced with a new irrevocable letter of credit from an issuing financial institution whose most current long term corporate debt (credit) rating by either S&P or Moody’s meets or exceeds the minimum acceptable long term corporate debt (credit) rating.

Case 947-AT-19, ZBA 09/26/19, Attachment E Page 13 of 13

Exhibit E: Proposed Marked-up Text of Case 947-AT-19

department of community development services · affect zoning and land development decisions within...

Documents