Grundy County Zoning Board of Appeals met Oct. 16.
Here is the minutes provided by the board:
I. Call to order / Roll Call
ZBA Present:
Bob Breisch
Nancy Bjelland
John Almer
Sid Nelson
Lisa Lynch
Al Skwarczynski
Absent:
Mark Hill
Petitioners:
Rick Ahearn, Community Energy Solar Petitions 18-ZBA-018, 019, 020, 021.
Bryan Whitson, Kimley Horn, Engineer for Community Energy Solar, Petitions 18-ZBA-018, 019, 020, and 021.
Amber Miller, Geronimo Energy, Petition 18-ZBA-023
Ed Sweitzer, Forefront Power, Petitions 18-ZBA-024 and 18-ZBA-025
Public Present:
Kurt Mitchell
Ron Bruno
Fred Robinson
Staff Present:
Heidi Miller, Land Use Director
Cheryl Wardell, Land Use Assistant
George Gray, Grundy County Administrator
II. Approval of Minutes
Nelson made the motion to accept the minutes of the September 18, 2018 Zoning Board of Appeals meeting. Bjelland seconded, motion carried 6-0.
III. Official Business
1. Ordinance (ID # 4348)
Petition 18-ZBA-022 Map Amendment a to AR; Scheer
HISTORY:
09/18/18 Zoning Board of Appeals Committee TABLED
Next: 10/16/18
The Petitioner was not able to be at the meeting and asked if this matter could be continued until the October 16, 2018 meeting.
Almer motioned to table case number 18-ZBA-022 until the October 16, 2018 Zoning Boards of Appeals meeting. Motion was seconded by Nelson. Motion carried 6-0.
COMMENTS - Current Meeting:
This matter was tabled by Bjelland and seconded by Almer. Petitioner needed more time.
RESULT: TABLED [UNANIMOUS] Next: 11/20/2018 7:00 PM
MOVER: Nancy Bjelland
SECONDER: John Almer
AYES: Breisch, Bjelland, Almer, Lynch, Nelson, Skwarczynski
ABSENT: Mark Hill
2. Ordinance (ID # 4397)
Petition 18-ZBA-018 and 18-ZBA-019 Special Uses for Solar Farms by Community Energy Solar
COMMENTS - Current Meeting:
Miller reviewed petitions 18-ZBA-018, and 18-ZBA-019. The proposal is for twin solar farms 2 megawatts in size for a total of 4 megawatts. The solar farms will be next to each other with one access road for both farms. A summary of the Real Estate Impact study shows that no impact will be had by surrounding properties. Miller noted that buffering landscaping is provided along the northern leased portion of the solar farm for buffering along the East side of Dupont Road. The west side of the parcel has an existing tree line, not within the leased area. Miller stated that she would recommend vegetative buffer on the west side within the leased portion of the property. Miller stated that more landscaping would be needed. Miller noted that one more condition has been added for this petition in order for it conform with the Department of Agriculture's, Agricultural Impact Mitigation Agreement (AIMA). The condition which is known as condition # 21 reads as follows:
That the developer of the Mazon Solar I and II LLC shall comply and achieve an Agricultural Impact Mitigation Agreement which includes an approved landscape plan for the interior of the solar facility that is pollinator friendly. The developer is required, upon receipt of this approval from the Illinois Department of Agriculture, to provide that to the Grundy County Land Use Director.
Ric Ahearn Developer of this project and Bryan Whitson of Kimley Horn were sworn in.
Ahearn stated that Community Solar has been in business for approximately 20 years. Ahearn stated that they would comply and put a vegetative buffer on the west side of the farm as requested. Access to the farm is on the east side of the farm and follows the tree line. The setback has been met for Dupont Road. A single axis tracker system for this farm, they will follow the sun from the east to the west. Ahearn stated that they will comply with all conditions that are requested by the County. Miller noted that if landscaping is needed it has to be on the leased space. Ahearn stated that his company will comply with this request. The existing vegetation on the east side, is not considered a buffer for this farm. If a residence was had on the east side of the farm, a vegetative buffer would be needed. Nelson asked if a home is built on the east side later on, would a vegetation buffer be needed? Miller noted that the requirement is for the site as it stands today. Nelson asked if they would meet with the surrounding owners to help map out the drain tiles. Ahearn stated that he would and Miller stated that it is one of the conditions listed
Breisch asked for any public comment.
Kurt Mitchell was sworn in. Mitchell wanted to know who was responsible for the drain tile during the life of the contract. Ahearn stated that it is his understanding that drain tile repair is the developers responsibility for the life of the solar farm.
Breisch closed public comment for 18-ZBA-018 and 18-ZBA-019 at 7:17 P.M. Breisch reviewed the LaSalle factors
#1. Explain how the use, maintenance, or operation of this special use will or will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
All members felt that LaSalle factor number one would not endanger public health, safety, morals, comfort or general welfare.
#2. Explain how the special use will or will not be injurious to the enjoyment of their property in the immediate vicinity for the purposes already permitted, or substantially diminish or impair property values within the neighborhood.
All members felt that the petitions would not be injurious, or substantially diminish or impair property values.
#3. Explain how the establishment of the special use will or will not substantially impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
All members felt that the petitions would not impede normal or orderly development in the area.
#4. Explain how and if adequate measures have been or will be provided for utilities, access roads, and drainage.
All members felt that the petitions show adequate measures for drainage, access roads, and utilities.
#5. Explain how and if adequate measures have been or will be taken to provide ingress and egress so designed as to minimize congestion in the public streets.
All members felt that ingress or egress will be adequate for these petitions.
#6. Will the special use, 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 County Board?
All members felt that the petitions will conform with all applicable regulations
Motion to forward petitions 18-ZBA-018, and 18-ZBA-019 to the Land Use Committee with a positive recommendation including the twenty one conditions listed in the summary made by Almer, and seconded by Nelson. Motion carried 6-0.
RESULT: REFERRED TO COMMITTEE [UNANIMOUS] Next: 10/24/2018 2:30 PM
MOVER: Nancy Bjelland
SECONDER: Sid Nelson
AYES: Breisch, Bjelland, Almer, Lynch, Nelson, Skwarczynski
ABSENT: Mark Hill
3. Ordinance (ID # 4398)
Petition 18-ZBA-020 and 18-ZBA-021 Special Use for Solar Farms by Community Energy Solar
COMMENTS - Current Meeting:
Miller reviewed the petition. This is a twin solar farm. Each solar farm is for two megawatts for a total of four megawatts. Landscaping is provided for this, and landscape is proposed on the leased property. A Real Estate Impact Study was done for this petition, and no adverse effects to the surrounding properties were found. Miller noted that the petitioner has to maintain or replace any vegetative buffer.
Ron Bruno was sworn in. Bruno stated there is a discrepancy of where the property line is at. Bruno stated that the property line is in the middle of the tree line on the south of the property. Bruno's concern is that the discrepancy is a 25 foot section of land. Miller noted that a land survey could be made a condition that it be done before construction of the solar farm. Bruno was satisfied with a condition of a property survey before development starts.
Ric Ahearn of Community Solar stated that before development of the property begins that a minimum of two surveys is done. Initally it is done to verify the property lines. Ahearn stated that he does not have a problem with the survey being made a condition. Ahearn stated that if there is a problem they can adjust the solar array.
Breisch asked for any public comment.
Fred Robinson was sworn in, Robinson wanted to know if any long term studies done on the Real Estate Impact. Ahearn noted that a study has been done, but it is not long term. Solar projects only date back approximately 10 years. Ahearn stated that he did know of four homes that sold that were surrounded by solar farms and all four homes sold at market value. Robinson felt that the data is not available yet for long term Real Estate studies.
Breisch asked if any one else from the public would like to comment. No more public comment was heard. Breisch closed the public comment portion for 18-ZBA-020 and 18- ZBA-021, at 7:34 P.M.
Breisch reviewed the LaSalle factors
#1. Explain how the use, maintenance, or operation of this special use will or will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
All members felt that LaSalle factor number one would not endanger public health, safety, morals, comfort or general welfare.
#2. Explain how the special use will or will not be injurious to the enjoyment of their property in the immediate vicinity for the purposes already permitted, or substantially diminish or impair property values within the neighborhood.
All members felt that the petitions would not be injurious, or substantially diminish or impair property values.
#3. Explain how the establishment of the special use will or will not substantially impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
All members felt that the petitions would not impede normal or orderly development in the area.
#4. Explain how and if adequate measures have been or will be provided for utilities, access roads, and drainage.
All members felt that the petitions show adequate measures for drainage, access roads, and utilities.
#5. Explain how and if adequate measures have been or will be taken to provide ingress and egress so designed as to minimize congestion in the public streets.
All members felt that ingress or egress will be adequate for these petitions.
#6. Will the special use, 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 County Board?
All members felt that the petitions will conform with all applicable regulations
A motion was made to add a condition for this petition that would require the developer to have a land survey done before development of the property begins by Bjelland, and seconded by Almer. Motion carried 6-0.
A motion was made to forward petitions 18-ZBA-020 and 18-ZBA-021 to the Land Use Committee with a positive recommendation, and adding condition #22 which requires a developer to have a land survey done before development by Skwarczynski and seconded by Bjelland. Motion carried 6-0.
RESULT: REFERRED TO COMMITTEE [UNANIMOUS] Next: 10/24/2018 2:30 PM
MOVER: Nancy Bjelland
SECONDER: John Almer
AYES: Breisch, Bjelland, Almer, Lynch, Nelson, Skwarczynski
ABSENT: Mark Hill
4. Ordinance (ID # 4399)
Petition 18-ZBA-023 Special Use for a Modification to an Approved Solar Farm Mazon Solar LLC
COMMENTS - Current Meeting:
Miller reviewed the petition. The proposal is for a modification of ZBA case 18-ZBA-008. Property was added to the original petition to add another two megawatt to the original proposed two megawatt farm for a total of four megawatts. Amber Miller from Geronimo Energy was sworn in. Amber Miller stated that when they originally proposed this solar farm a two megawatt facility was all that was allowed, and since it has changed to four megawatt. Heidi Miller noted that this petition will have twenty one conditions instead of the original petition that had only twenty conditions. Skwarczynski asked if a land survey would be required by the developer. Amber Miller stated that a land survey is done before development, and she has no problems with a land survey being required before development.
Breisch asked if anyone would like to make public comment. No public comment was heard. Public comment was closed at 7:52 P.M.
Breisch reviewed the LaSalle factors.
#1. Explain how the use, maintenance, or operation of this special use will or will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
All members felt that LaSalle factor number one would not endanger public health, safety, morals, comfort or general welfare.
#2. Explain how the special use will or will not be injurious to the enjoyment of their property in the immediate vicinity for the purposes already permitted, or substantially diminish or impair property values within the neighborhood.
All members felt that the petitions would not be injurious, or substantially diminish or impair property values.
#3. Explain how the establishment of the special use will or will not substantially impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
All members felt that the petitions would not impede normal or orderly development in the area.
#4. Explain how and if adequate measures have been or will be provided for utilities, access roads, and drainage.
All members felt that the petitions show adequate measures for drainage, access roads, and utilities.
#5. Explain how and if adequate measures have been or will be taken to provide ingress and egress so designed as to minimize congestion in the public streets.
All members felt that ingress or egress will be adequate for these petitions.
#6. Will the special use, 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 County Board?
All members felt that the petitions will conform with all applicable regulations
Nelson made a motion to forward petition 18-ZBA-023 with a positive recommendation to the Land Use Committee meeting all the conditions listed and with the added condition that a land survey must be had before development of the property begins, motion seconded by Bjelland. Motion carried 6-0.
RESULT: REFERRED TO COMMITTEE [UNANIMOUS] Next: 10/24/2018 2:30 PM
MOVER: Sid Nelson
SECONDER: Nancy Bjelland
AYES: Breisch, Bjelland, Almer, Lynch, Nelson, Skwarczynski
ABSENT: Mark Hill
5. Ordinance (ID # 4400)
Petition 18-ZBA-024 and 18-ZBA-025 Special Use for Solar Farms for Fore Front Power
COMMENTS - Current Meeting:
Miller reviewed the petition for 18-ZBA-024. A modification to case number 18-ZBA-012. The modification is for the landscape buffer. Two different options were proposed. Detail one has landscape on the leased property. On option 2 the landscape is on the homeowners property and not on the leased space. Miller thought that detail one was a much better option for this modification. The landscape if on the leased property has to meet all of the provisions laid out in the special use application. If the landscape is not on the leased property it is not regulated by the provisions laid out in the special use application that would be enforceable under the County Board approval.
Ed Sweitzer of Forefront Power was sworn in. Sweitzer feels the new proposal will be a better option, and will make the property easier to turn into farm land once the lease agreement is terminated. Sweitzer stated that the company is working with the neighboring homeowner for a maintenance agreement if a vegetative buffer is allowed on their property. Some of the solar panels were moved to help maintain the southern portion of the property so the landowner can still farm the property. Miller noted that buffering is needed for the two homes on the east side. Miller noted that there were two proposals for a landscape plan. Breisch asked for any public comment. No public comment was heard. Public comment was closed at 8:15 P.M.
Breisch reviewed the LaSalle factors
#1. Explain how the use, maintenance, or operation of this special use will or will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
All members felt that LaSalle factor number one would not endanger public health, safety, morals, comfort or general welfare.
#2. Explain how the special use will or will not be injurious to the enjoyment of their property in the immediate vicinity for the purposes already permitted, or substantially diminish or impair property values within the neighborhood.
All members felt that the petitions would not be injurious, or substantially diminish or impair property values.
#3. Explain how the establishment of the special use will or will not substantially impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
All members felt that the petitions would not impede normal or orderly development in the area.
#4. Explain how and if adequate measures have been or will be provided for utilities, access roads, and drainage.
All members felt that the petitions show adequate measures for drainage, access roads, and utilities.
#5. Explain how and if adequate measures have been or will be taken to provide ingress and egress so designed as to minimize congestion in the public streets.
All members felt that ingress or egress will be adequate for these petitions.
#6. Will the special use, 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 County Board?
All members felt that the petitions will conform with all applicable regulations. Bjelland motioned to modify the special use as submitted in option one, this is to include the twenty one conditions listed, and to add condition 22, in which the developer of the Solar farm would have a land survey done before development of the property begins. Seconded by Lynch. Motion carried 6-0.
18-ZBA-025 - Miller reviewed the petition. Modification of 18-ZBA-012 known as Motter Verona Solar, one landscape plan was submitted with landscape along Verona Road only. The nearest homes are approximately 2200 ft. from the solar farm. Miller noted that the closest home is the landowner the Motter's and a waiver from the Motter's has not been submitted to our office. Miller stated that a condition could be established for a waiver from the Motter's. Sweitzer stated the only other modification made was to straighten the fence so the land owner can still farm around the area. Sweitzer stated he would be able to get a waiver from the Motter's for this petition.
Breisch asked for any public comment. No public comment was heard. Breisch closed public comment at 8:31 P.M.
Breisch reviewed the LaSalle factors
#1. Explain how the use, maintenance, or operation of this special use will or will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
All members felt that LaSalle factor number one would not endanger public health, safety, morals, comfort or general welfare.
#2. Explain how the special use will or will not be injurious to the enjoyment of their property in the immediate vicinity for the purposes already permitted, or substantially diminish or impair property values within the neighborhood.
All members felt that the petitions would not be injurious, or substantially diminish or impair property values.
#3. Explain how the establishment of the special use will or will not substantially impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
All members felt that the petitions would not impede normal or orderly development in the area.
#4. Explain how and if adequate measures have been or will be provided for utilities, access roads, and drainage.
All members felt that the petitions show adequate measures for drainage, access roads, and utilities.
#5. Explain how and if adequate measures have been or will be taken to provide ingress and egress so designed as to minimize congestion in the public streets.
All members felt that ingress or egress will be adequate for these petitions.
#6. Will the special use, 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 County Board?
All members felt that all regulations will be followed for this Special Use.
A motion was made by Almer with the following conditions: a waiver is to be obtained from the Motters that a landscape buffer is not needed to block view from the solar farm to their home, a property survey will need to be obtained before development of the property begins, and the twenty one conditions that are listed. Nelson seconded. Motion carried 6-0.
RESULT: REFERRED TO COMMITTEE [UNANIMOUS] Next: 10/24/2018 2:30 PM
MOVER: Sid Nelson
SECONDER: Nancy Bjelland
AYES: Breisch, Bjelland, Almer, Lynch, Nelson, Skwarczynski
ABSENT: Mark Hill
IV. Old Business
V. New Business
Almer noted that he will be leaving the County, and is resigning effective November 16, 2018 as a Grundy County Zoning Board of Appeals member. Mr. Breisch thanked Mr. Almer for his time on the Zoning Board of Appeals.
VI. Adjournment
Nelson made a motion to adjourn the meeting at 8:40 PM. Lynch seconded. Motion carried 6- 0.
http://grundycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2414&Inline=True
Alerts Sign-up