CASE NUMBER: PC 99-34, PC 99-35, PC 99-36, PC 99-37, and PC 99-38

DATE FILED: September 8, 1999

REQUESTED ACTION:

PC 99-34:	Request is for a Text Amendment to Section 6-3.3 of the Libertyville Zoning Code to include Electric Services as a Special Use in the 0-2 District.
PC 99-35:	Request is for a Text Amendment to Section 2-2 of the Libertyville Zoning Code to include a definition for Electric Services.
PC 99-36:	Request is for a Special Use Permit to allow the operation of a peaking power facility.
PC 99-37:	Request is for a Planned Development Concept Plan and Planned Development Final Plan for the construction and operation of a peaking power facility.
PC 99-38:	Request is for a Site Plan Permit to allow the construction of a peaking power facility.

DOCUMENTS RECEIVED ON OCTOBER 14, 1999:

Addendum to Land Use Application and supporting documentation.
Request for modification of requirements of Section 6-3.4(1') of the Libertyville Zoning
Ordinance requiring exterior walls of all buildings to a height of 7 feet be of architectural masonry.

APPLICANT INFORMATION

Applicant:	Indeck-Libertyville, LLC
Owner:	The Northern Trust Company, successor by merger to the Northern Trust Bank / Lake Forest National Association, as Trustee under Trust No. 8485
Address:	Parts of Lots 2 and 4 in the Mallory Industrial Campus

SITE INFORMATION:

Location:	Mallory Drive, both north and south of the roadway
Current Zoning:	0-2, Office, Manufacturing, and Distribution Park District
Size:	Approximately 17.56 acres
Surrounding Zoning:	North 0-2, Office, Manufacturing, and Distribution Park District South (Commonwealth Edison Right-of-Way) 0-2, Office, Manufacturing, and Distribution Park District East 0-2, Office. Manufacturing, and Distribution Park District West 0-2, Office, Manufacturing, and Distribution Park District
Land Use Plan:	Office, Distribution, and Light Manufacturing
Road Classification:	Mallory Drive is a local industrial street
Physical Characteristics:	The site is currently undeveloped.

STAFF ANALYSIS:

Zoning:

Over the past eight months, the Plan Commission of the Village of Libertyville has received testimony both proponent and opponent for the zoning requests flied by Indeck-Libertyville. LLC.  Traditionally, the Development Review Committee (DRC) prepares a Staff recommendation on land use issues prior to a public hearing to assist the Commission in its deliberations. Due to the complexity of this project, it was determined that Staff would wait to make a recommendation on zoning issues until such time that the Plan Commission received all testimony from the petitioner, the public, and Village consultants. As these portions of the hearings have been completed, the DRC provides its analysis on the five items requiring Plan Commission recommendations to the Village Board of Trustees.

1.	PC 99-34:	Request is for a Text Amendment to Section 6-3.3 of the Libertyville Zoning Code to include Electric Services as a Special Use in the 0-2 District.
2.	PC 99-35:	Request is for a Text Amendment to Section 2-2 of the Libertyville Zoning Code to include a definition for Electric Services.

The basic issue before the Plan Commission is; whether the Village of Libertyville should amend its Zoning Ordinance to allow "Electric Services" as a Special Use in the 0-2 District. The 0-2, Office, Manufacturing, and Distribution Park District lists as its purpose the following "The 04, Office, Manufacturing and Distribution Park District is established to provide for the development of high quality mixed-use office, manufacturing, and distribution activities located and designed in campus style settings.". Opponents to this proposal have pointed out that the 0-2 District is listed under Article 6, entitled Office Districts. Titles to these zoning districts, however, ate merely intended to be broadly illustrative of the uses identified within the district. The body of the 0-2 zoning section of the Zoning Code lists 23 manufacturing, fabrication, processing, assembly and alteration limited permitted uses in the 0-2 District. These uses include manufacturing of alcoholic beverages, bakery products, boots and shoes, bottled and canned soft drinks and carbonated waters, computer and office equipment, electronic and other electric equipment, farm and garden machinery and equipment, furniture and fixtures, millwork, veneer, plywood, and structure wood members, motorcycles, bicycles, and parts, printing, publishing and allied industries, sugar and confectionery products and textile mill products, among others. Staff enumerates these items here for the purpose of bringing to the Plan Commission's attention the fact that nearly all of the uses just listed are also permitted in the I-1 District which is by definition a more land intensive district. It is clear that the intent of the 0-2 District is to be mixed-use area, with combinations of offices and light industry. The land uses arc determined by the location of the property.

While the 0-2 District hosts a number of major office developments such as the Prime Group development on Winchester Road, it also is home to Motorola and US Gypsum. The trend of development in the northwest industrial/office area has been towards a mixture of both office and industrial uses along Winchester Road and Route 45. Although the 0-2 District also lists day care centers, financial institutions, offices, and limited retail trade as permitted uses, the Mallory Industrial Campus, in Staff's opinion, does not readily lend itself to these uses This is simply due to location. Properties that are subject to these types of uses
traditionally arc adjacent to major collector or arterial streets which would carry the amount of traffic necessary to support such organizations. Mallory Drive is a local industrial street located south of Route 137 with access only to Harris Road, and does not lend itself readily to these uses. It is, however, an appropriate location for industrial uses.

In determining whether Electrical Services is a compatible use in the 0-2 District, Staff relies,  -in part. upon the report of the Village consultants. One of the main issues covered in the months of testimony was whether the use and enjoyment of adjacent properties would be adversely affected by the proposed amendments. Of these issues, air emissions was one of the major themes. The Village consultants found that "The emissions from this Facility would not adversely effect the air shed downwind of the facility or those within that air shed.". They also found that ‘Such a conclusion appears to be scientifically valid and may be accepted by the Commission at a substantial indication that increased human health risks are not anticipated due to plant emissions." In regard to potential noise issues, the consultants were clear that with a proper mufflering system with a specific dba design, the plant would not have an adverse effect on the area. They also found "In all of the cases for which the consultant team is aware, there is no scientifically defensible documented evidence that siting,  -construction, and operations of peaking power facilities have a quantifiable adverse effect on adjoining property values."

Staff concludes from the findings of the Village consultants that future orderly development of adjacent properties would not be adversely affected as property values and life-safety issues would not be factors, and therefore, supports the inclusion of Electric Services as a Special Use in the 0-2, Office, Manufacturing, and Distribution Park District.
 

3.	PC 99-36:	Request is for a Special Use Permit to allow the operation of a peaking power facility.
4.	PC 99-37:	Request is for a Planned Development Concept Plan and Planned Development Final Plan for the construction and operation of a peaking power facility.
5.	PC 99-38:	Request is for a Site Plan Permit to allow the construction of a peaking power facility.

These three requests concern whether or not the Plan Commission should recommend approval for Indeck-Libertyville, LLC to construct a peaker power facility in the Mallory Industrial Park. The Standards for Special Use Permits and Planned Developments were testified to and discussed at length during the public hearing process In regard to the Special Use Permit, the majority of the discussions centered around whether this project would have any adverse impact or interference with surrounding development. As previously stated, the Village consultants found that with implementation of proper development conditions, that this use would not have an adverse impact or interfere with surrounding development Staff agrees with this analysis and has provided proposed development conditions for the Indeck proposal. Of specific interest to ensure there is no adverse impact, or interference with surrounding development. Staff highlights the following requirements:

• That Indeck-Libertyville, LLC provide a full health and safety plan that includes provisions for emergency conditions under which local emergency personnel would require access to the plant, site security when operating personnel are not present, and notification to the Village of emergency personnel whenever the plant is scheduled to operate or is actually operating.
• That water usage be restricted to a maximum of 115,000 gallons per day. and 9,600,00 gallons per year.
• That noise be addressed with a design goal at the nearest residence for noise of 45 dba, and that Indeck-Libertyville, LLC reimburse the Village for hiring an acoustical engineer to monitor such work.

In regard to the request for a Planned Development and Site Plan Permit, the petitioner is proposing to actually lower the site to lessen the visual impact of the facility. The Zoning Code states that uses in the 0-2 District should be operated entirely within an enclosed building. Staff supports the modification to this requirement under a planned development as containing this entire facility under one roofed structure would require a massive building which would have a much larger impact on the visual aesthetics of the area. The painting of the facility to match the background of the area as proposed is a much wiser alternative The landscaping and berming proposed will assist in buffering this site from any immediate uses. Specifics on landscaping and berming will be discussed before the Appearance Review Commission, who will hold a public meeting on this issue after completion of the Plan Commission hearings.

The petitioner has discussed other modifications to requirements of the Code, including relaxation of the stipulation that the first seven feet in height be constructed of architectural masonry. Staff supports this modification due to the berming and landscaping proposed in that a casual observer will not be able to seethe first seven feet of height of these buildings. In addition, the petitioner has stated that they would not be able to meet the performance standard regarding noise, which states "Any activity or operation of any use producing noise (other than ordinary vehicular noise) shall be conducted so that no noise from the activity or operation shall be detectable at any point off of the zoning lot on which the use is located.". Staff agrees that this is a virtually unobtainable standard for any use, including residential, in that even the noise from a lawnmower or an air conditioning condensing unit can be easily detectable off of the zoning lot. It is Staff's feeling that the intent of such a performance standard is to simply require that uses not produce noise which would have an adverse impact on adjoining properties Through the Design Standards set forth by the Village consultants, Staff concludes that this facility will not produce any adverse impact on said properties-

STAFF RECOMMENDATION:

In conclusion, and based upon testimony and reports at the public hearings, Staff recommends that the Plan Commission recommend that the Village Board of Trustees: 1) APPROVE a request for a Text Amendment to Section 6-3.3 of the Libertyville Zoning Code to include Electric Services as a Special Use in the 0-2 District; 2) APPROVE a request for a Text Amendment to Section 2-2 of the Libertyville Zoning Code to include a definition for Electric Services; 3) APPROVE a Special Use Permit, Planned Development Concept and Final Plan, and Site Plan Permit to allow Indeck-Libertyville LLC to construct a peaker power facility in the Mallory Industrial Campus, subject to the following development conditions:
 

1. Full reimbursement for construction plans/specifications review, any and all inspections, legal and staff time.
2. Full compliance with all state, local, and federal regulations.

 
3. Full compliance with Ordinance No.97-0-11, including construction of Industrial 7 Drive north to Mallory Drive prior to issuance of a building permit for the facility.
4. That Indeck-Libertyville LLC agree to extend Industrial Drive to the north end of Indeck property for secondary access if deemed necessary by the Village of Libertyville.
5. Submission of a construction schedule subject to approval by Village Staff prior to issuance of a site development permit.
6. Installation of stormwater management facilities in accordance with the Watershed Development Ordinance prior to issuance of a building permit for construction.
7. Coordinate regular construction progress meetings with Building Division and Engineering Division Staff on a weekly or as needed basis.
8. Submission of a construction route and parking plan for all phases of construction subject to Staff review and approval prior to issuance of a site grading permit.
9. Twenty-four (24) hour notice be given to Police of any delivery of oversize loads, along with designated routes through the Village of Libertyville.
10. To employ an on-site operator during all operational hours of peaker facility.
11. Schedule raw water deliveries during off-peak times.
12. The facility shall apply for and obtain a major source Clean Air Act Program (CAAP) operating permit from the IEPA as part of the Federal Part 70 (also called Title V) permit regulations.
13. Provision of a health and safety plan that would include provisions for:

Emergency conditions under which local emergency personnel (fire, water, gas, utility, sewer, or electric utility) would require access to the plant without Indeck operating personnel present;

Site security when operating personnel are not present;

A typical plan for special handling of various dangerous or hazardous materials during emergencies.

An inventory (typical quantities), methods of storage, locations, and a plan for maintaining a current inventory, a list of chemicals and hazardous materials on the site;

Identifying responsible management personnel that may be contacted 24 hours per day and indicate response times during construction, on demand operations, upset and emergency conditions;

Notification of the Village for emergency personnel whenever the plant is i) scheduled to operate, and ii) actually operating;

An evacuation plan, for the plant site:

Provide plant site access/sign-in procedures;

Compliance with Village of Libertyville disaster plan.

14. That additional monitoring and enforcement assurance be implemented by requiring the facility to install and operate the Continuous Emissions Monitoring (CEM) system.
15. That the initial and any subsequent compliance stack testing results be submitted to the Village and the State of Illinois authorities for review and that Indeck reimburse the Village for any review costs.
16. That Indeck's annual water usage be restricted to assure water usage is not greater than stated in their submittal by requiring that the entire facility be limited to a maximum of 115,000 gallons per day and 9,600,000 gallons per year. Water used to extinguish fires shall be exempted from daily limitations
17. The design goal at the nearest residence for noise be 45 dba, which would limit the plant noise to 10 db above the minimum background noise (Refer to Exhibit). At no time, however, should Indeck’s contribution to noise levels at the nearest residential property exceed the octave level limits to which Indeck has committed to in this proceeding.
18. Indeck reimburse the Village of Libertyville for hiring an acoustical engineer to perform a noise compliance test on behalf of the Village to insure that all noise limits are met prior to allowing the facility to initially go on-line. Similar compliance tests are required annually after the start of operation to insure that the repeated start-up and shut-down of the peaking plant has not affected the performance of the acoustical treatments.
19. That the facility be limited to a maximum of 2,000 hours per year.
20. Full compliance with all plans, materials, and specifications submitted.
21. At Indeck's expense, the Village of Libertyville shall hire an independent consultant to assist Village Staff with design conformance and on-site inspections, as necessary, for compliance with approved plans.
22. At Indeck's expense, the Village of Libertyville shall hire an independent engineering firm to do an environmental impact analysis every' two (2) years.
23. If all operations at the facility cease for a period of twenty-four (24) consecutive months, removal of all equipment, structures, foundations, tanks, and towers shall be completed with the next twelve (12) calendar months; the site shall be returned to its previous landscape. A letter of credit in the amount of 150% of an independent engineers estimate of site clean-up (removal of structure, foundations, tanks, and towers) shall be submitted to the Village of Libertyville prior to the issuance of a Certificate of Occupancy.
24. Containment shall be required around transformers to control spillage. A Spill Prevention Containment and Control Plan shall be filed with the Village of Libertyville prior to the issuance of a certificate of Occupancy being granted.
25. When financed, Indeck shall file with the Village of Libertyville any lender's consultants’ report by the 31st of January for each applicable year.