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RECOMMENDATION OF THE ZONING BOARD OF APPEALS
Request: Special Use SU- 24-009 TPE IL CK58A, LLC and TPE IL CK58B, LLC Community Solar Arrays
Township: Rich
County District: 6
Property Address: 22132 Ridgeland Road, Matteson, Illinois 60443
Property Description: The Subject Property is 71.8-acre parcel bounded on the north by a freight rail line, on the west by unoccupied agricultural land, on the south by Sauk Trail and a tree service across Sauk Trail, and on the east by Ridgeland Avenue. The area is generally undeveloped agriculture. The closest residential development is more than 1300 feet to the east-the Las Fuentes subdivision-which has 25 homes built on approximately 80 lots, with the remainder of the lots undeveloped since the 2008 crash.
Owner: Amos & Lillian Stunkel Family Limited Partnership, 22132 Ridgeland Avenue, Matteson, IL 60443
Agent/Attorney: Special Use SU- 24-009 TPE IL CK58A, LLC and TPE IL CK58B, LLC Community Solar Arrays , Benjamin Jacobi Esq., 150 N. Riverside Plaza, Ste 3000, Chicago, IL 60606
Current Zoning: R-4 Single Family Residence District
Intended use: Applicant seeks a Special Use for Unique Use District to build and operate two separate commercial solar energy facilities. Each facility will have a nameplate generating capacity of five megawatts-alternating current (“MWac”) for capacity of up to 10 MWac (together, enough to power approximately 2,000 average homes).
Recommendation: ZBA Recommendation is that the application be granted with conditions
Conditions:
1. Conformance with the Site Plan. The solar energy facility shall be constructed in substantial conformance with the revised site plan attached as Exhibit A (“Revised Site Plan”), including location of access roads, location of the point of interconnection, area where solar arrays will be installed, fencing, landscaping, vegetative screening, setbacks and the setback from Sauk Trail. This condition does not prohibit Applicant from configuring the solar arrays in a manner that is not identical to the Revised Site Plan in response to land constraints and final geotechnical studies, so long as the solar arrays are contained in the area demarcated on the Revised Site Plan. Minor changes to the project layout that do not substantially conform with the Revised Site Plan may be administratively approved by the Zoning Administrator, provided such minor changes are consistent with the Cook County Code of Ordinances. Further, Applicant shall not encroach on the approximately 11-acre frontage on Sauk Trail.
2. Workforce. Applicant agrees to and shall make a good faith effort to collaborate with local workforce development organizations and/or the local technical college to assist the Project’s contractor to promote job opportunities to the local community.
3. Community Benefits. Within one year of the Commercial Operation Date, TPE IL CK58A, LLC and TPE IL CK58B, LLC agree to and shall collectively make charitable donations to one or more organizations in the nearby community, in an amount of at least $30,000 between both TPE IL CK58A, LLC and TPE IL CK58B, LLC, to support local organizations. Applicant shall provide proof of such charitable donations to the Zoning Administrator.
4. Local Right to Participate in the Project. Applicant shall offer participation in (subscription to) the community solar Project to residents in the local community with the following zip codes to enable those residents access to the renewable energy and utility bill savings generated by the Project: 60443, 60471, and 60423.
5. 40-Year Term of the Special Use Permit. The special use permit shall expire forty years from the date of the Commercial Operation Date of the solar energy facility or upon decommissioning of the entire Project. “Commercial Operation Date” shall mean the occurrence of the commencement date for commercial operation of electricity production for sale by the Project to a third-party power purchaser, offtakers, merchant buyer, spot market buyer, or other third-party purchaser (and excluding the production of any “test” energy). This condition is intended to require the County to revisit the highest and best use of the Subject Property at the end of the useful life of the Project so that other development can proceed on the Subject Property if appropriate.
6. Fire Department Training and Equipment. Within a reasonable period of time following the Commercial Operation Date, Applicant shall provide training to the Fire Department personnel regarding emergency responses to the Project site. Within 30 days of the Commercial Operation Date, TPE IL CK58A, LLC and TPE IL CK58B, LLC shall collectively make a one-time donation of up to $30,000 to the Village of Richton Park Fire Department to purchase a small utility vehicle (such as a John Deere Gator) to facilitate emergency response at the Subject Property, and for other such uses as the Fire Department deems appropriate.
7. Emergency Services Plan. Applicant shall consult with the Richton Fire Department when writing the final version of the emergency services plan and furnish a copy of the final plat and any updated plans to the Richton Fire Department and Cook County Emergency Management Agency.
8. Right to Inspect. Upon fourteen (14) days of written notice to the owner of record and/or operator at their last known address, the Cook County Building and Zoning Department and Cook County Sheriff’s Department employees are hereby granted the right of entry in and upon the premises for the purpose of inspecting the premises and uses thereon for compliance with the terms and conditions of this special use permit.
9. 9.Failure to Establish the Special Use Permit. Due to the nature of the development, the special use permit shall be null and void if it is not established within three years from the date of the ordinance approving the special use permit. This is an extension to the one-year deadline required by Cook County Zoning Code § 13.8.14. The special use permit is “established” on the date of issuance of a building permit or certificate of occupancy, whichever is earliest. The Zoning Administrator may grant one extension of up to two years upon a showing of good cause. Good cause includes delay caused by things outside the control of Applicant.
10. Height. The solar panel equipment shall not exceed 20 feet in height from grade when oriented at maximum tilt. Excluded from this height restriction are electric transmission lines and utility poles.
11. Fence and Security. The solar energy facility shall be fully enclosed and secured by a fence with a minimum height of six feet. The access gate for the Project shall have a knox box or other mechanism that will allow emergency personnel to enter the facility at any time. Applicant shall place a sign at the entrance of the solar energy facility with the facility’s 911 address and a 24-hour emergency contact.
12. Decommissioning Plan. As part its building permit application, Applicant shall submit to the Cook County Building and Zoning Department a decommissioning plan consistent with the Agricultural Impact Mitigation Agreement executed by the Applicant.
13. Construction. Construction hours shall be permitted Monday through Saturday from 8:00 a.m. to 7:00 p.m.
14. Dust, Soil and Erosion. The Applicant shall use industry best practices to manage dust control and soil and erosion issues that may arise during construction, operation and maintenance.
15. Road Use. Roadways improved in preparation for and during the construction of the commercial solar energy facility will be repaired and restored at the reasonable cost of the Applicant if the roadways have degraded or were damaged as a result of construction-related activities. If applicable, the Applicant will enter into road use agreements with Cook County or any other necessary jurisdictions.
16. Commitment to Negotiate Annexation and Dedication of the Sauk Trail Frontage in Good Faith. Applicant’s site plan attached as Exhibit A has left approximately 11 acres of frontage along Sauk Trail as undeveloped (the “Sauk Trail Frontage”). At any time prior to or within one year of the Commercial Operation Date, upon the Village of Richton Park’s written request to Applicant, Applicant agrees to work with the landowner and the Village of Richton Park in good faith to facilitate the possible annexation of the Sauk Trail Frontage to the Village of Richton Park upon terms mutually agreeable to all parties. Additionally, at any time prior to or within one year of the Commercial Operation Date, upon the Village of Richton Park’s written request to Applicant, Applicant agrees to work with the landowner and the Village of Richton Park in good faith to facilitate the possible dedication of the Sauk Trail Frontage to the Village of Richton Park upon terms mutually agreeable to all parties. This condition requires that Applicant work and negotiate in good faith, but the parties’ impasse in those negotiations will not be deemed a violation of this condition.
17. Removal of the unoccupied property on the subject property CK58A.
Objectors: Village of Richton Park appeared and submitted a letter dated January 27, 2025, in opposition to the proposed special use.
Village of Matteson submitted a letter dated February 25, 2025, in opposition to the proposed special use
History:
Zoning Board Hearing: 02/05/2025, 03/05/2025 , 03/19/2025
Zoning Board Recommendation date: 05/07/2025/
County Board extension granted: N/A
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