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Grundy Reporter

Tuesday, April 30, 2024

Grundy County Zoning Board of Appeals Committee met November 17

Grundy County Zoning Board of Appeals Committee met Nov. 17.

Here is the minutes provided by the committee:

I. Call to order / Pledge of Allegiance/Roll Call

Attendee Name

Title

Status

Arrived

Dick Joyce

Present

Bob Breisch

Present

Lisa Lynch

Present

Mark Hill

Present

Sid Nelson

  Present

Al Skwarczynski

  Present

 
Mark Sandeno

Present

 
Also present were:

Mark Prosser, Petitioner for 20-ZBA-006

Anne Marie Griger, RES Representative for 20-ZBA-004

David Steicker- Attorney at Law, Representing RES for 20-ZBA-004

Tom Huddleston - Huddleston McBride Drainage Co. for 20-ZBA-004

Andrew Lines - CohnRezinick, for 20-ZBA-004

Dr. David Loomis - Illinois State University, for 20-ZBA-004

Speaking in Public Comment:

Theresa Kernc, Mayor of Diamond, 20-ZBA-004

Gordon Von Qualen, 20-ZBA-004

Aaron Halpin, 20-ZBA-004

Staff Present:

Heidi Miller, Land Use Director

George Gray, Grundy County Administrator

Cheryl Wardell Land Use Assistant

II. Approval of Minutes

1. Zoning Board of Appeals Committee - Regular Meeting - Oct 20, 2020 7:00 PM Motion approved 7-0.

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Al Skwarczynski

SECONDER: Mark Sandeno

AYES: Joyce, Breisch, Lynch, Hill, Nelson, Skwarczynski, Sandeno

III. Official Business

1. Petition 20-ZBA-006 Setback Variance for a Shed for Mark Prosser

Miller reviewed the petition. Mark Prosser was sworn in. Prosser is building a storage shed for his home. The previous storage shed was falling apart, and he is trying to replace it. The location of the shed was moved back some, from where the old shed was, to allow for siding of the house. Prosser stated that he has been working with his neighbor, to get the location of the shed correct. Prosser stated that he and the neighbor do have an encroachment agreement for the shed. Prosser noted that he cannot move his shed to the other side of the property because his septic field is on the other side. Once the shed is done, it will look nice.

Skwarczynski asked if he moved the shed could you still have access? Prosser noted that he looked at that and if they did that access would be somewhat blocked, plus it would make it impossible to side the house.

Breisch asked if anyone was present for this variance that would like to make a public comment. No public comment was heard. Public comment was closed at 7:12 P.M.

Skwarczynski asked if anyone had asked for a variance as the examples in the packet show numerous buildings that do not meet the current setbacks. Miller stated that no one has asked for a variance form the neighborhood, and there are several buildings within 10 ft. of the lot line. Miller noted that some structures are encroaching on their neighbors. Miller stated that she researched back to 2000 to see if the setbacks were a requirement to build. She noted that some records show setbacks and some the setbacks are not on record. It is not unusual in this neighborhood to have a shed on the lot line. Skwarczynski asked if this was an unusual request to have a variance to be able to build on the lot line. Miller stated she has never , in her twenty years of experience, had variance with a request for a zero setback. Miller stated they could be out there, but she has not seen them.

Breisch noted there is limited room to build a shed, and there was a shed there. Breisch noted that not everyone has followed the setback requirements, which truly makes this an unique situation.

Lynch motioned to approve the Variance request due to the area with similar setbacks. Seconded by Nelson.

Motion carried 7-0.

RESULT: APPROVED [UNANIMOUS]

MOVER: Lisa Lynch

SECONDER: Sid Nelson

AYES: Joyce, Breisch, Lynch, Hill, Nelson, Skwarczynski, Sandeno

2. Petition 20-ZBA-004 Utility Scale Solar Farm Blue Sky Special Use

Breisch noted that a lot of information was sent regarding this project. Breisch noted that we have heard several proposals for solar farms and the committee has heard many arguments against solar farms. These complaints include decommission, property values, and possible contamination due to the solar panels degrading.

David Streicker- Attorney at Law, Representative for RES. Streicker noted that RES has four speakers: Anne Marie Griger, Representative of RES, Griger will provide an overview of the project. Dr. David Loomis to review the Economic Impact Study, Tom Huddleston of Huddleston McBride Drainage Company, He will answer any drain tile questions, and Andrew Line from Kohn Rezinick to address any Real Estate Impacts on the area.

Anne Marie Griger, Tom Huddleston, Dr. David Loomis, and Andrew Line were all sworn in.

Anne Marie Griger -RES stands for Renewable Energy Systems is based in the United Kingdom, and has an office in Colorado. Griger noted that the company has currently built 18 gigawatt of power projects. This includes both wind and solar projects. This will be the first solar project for RES in Illinois. Griger stated that Blue Sky Solar will be a 300 megawatt solar project, and the projected acreage is 2,670 acres. Griger stated that the solar farm location is unique because only one landowner is involved. What helps to make this site beneficial is there is a transmission line already on site. This solar farm will power approximately 65,000 homes. The economic benefits for the site is that it will produce 300 new jobs during construction and once constructed will leave 5 full time jobs. The solar farm will be paying more taxes than a farm field, and this will benefit both communities of Dwight and Gardner without using many available resources such as the schools. It is estimated that thirty six million dollars will be paid in property taxes over the life of the solar farm. The taxes include $25 million to the school districts, 3 million to Grundy County, and 1.2 Million to townships. Griger stated that the projected schedule is as follows: studies are currently being done including drainage tile, wetland survey, archeology survey, tax abatement agreement, and preliminary engineering work and an interconnection study. Griger stated that construction would start in the middle of 2022, and conclude in 2023. The location is near the railroad, an interstate and a transmission line is on site. Agricultural Mitigation Agreement and, the Department of Agriculture has any solar farm agree to sign on that they will don't diminish the productivity of the farm. Griger noted that Tom Huddleston is currently locating evaluating, and maintaining existing drainage conditions. The vegetation plan meets an excellent rating with IDNR. This includes a mix of low growing native grass and seed under and around solar arrays. The pollinator plants will be along the stream and perimeter of the project. Mowing is anticipated for the first year to occur 2-4 times, spot herbicide spraying and spot mowing as needed. Griger noted that variance request proposal is to install a tree / shrub row directly across from two adjacent residences on the south side of Scully Road, and to use native grasses and wildflower around the entire perimeter of the project as visual and ecological enhancement. The ordinance states Landscaping shall be used as part of screening from adjacent residentially used and street view areas. Traffic impact during construction will be the daily commute for any construction workers, delivery trucks, and equipment to be moved on site, and once the project is done to be moved off site. The project will be surrounded by a six foot tall chain link fence, multiple gates with warning signage, and emergency access to be coordinated with the local Fire Departments. The Residential Impact Study that was done by Andrew Lines of CohnReznick found no measurable impact on property values from solar farm project. The decommission plan includes full and complete removal of all project components except for the substation which will be purchased by the utility or project owner. Lease requires a separate escrow account for potential damage to drainage tile during decommission. A power point presentation was done by Griger explaining all of these talking points and will be part of the Special Use and variance file.

Sandeno asked if any upgrading of the surrounding roads will be done. Griger stated she does not know yet, the design is not far enough to determine if road upgrades will be needed.

Breisch asked if in her experience has she seen road upgrades due to a energy project. Griger noted she has seen it done but with wind farms, and not as likely with solar farms because the equipment used is much lighter.

Sandeno asked if access would come off of Route 66, Griger stated that was correct.

A letter was distributed from the Chicago Regional Council of Carpenters.

Dr. David Loomis, Professor of Economics at Illinois State University, Has been reviewing renewable energy projects for many years. Loomis has done an economic Impact Study for this project and determined the following:

It will create 300 jobs during construction and 5.4 permanent jobs after construction. Induced Impact will help create 20 jobs within the County. No questions were asked of Dr. David Loomis

Andrew Lines of CohnReznick, Certified General Appraiser of Illinois, Lines noted that since more projects have been built they keep updating their study and have found there is no impact to the value of a home because of a solar farm. This finding has been confirmed by County Assessors, and by Real Estate Brokers who help buy and sell homes by solar farms.

Breisch asked about glare from solar panels. Lines noted that the whole point of a solar panel is to retain as much light as possible, and if it is reflecting it is not doing its job.

Tom Huddleston, Huddleston McBride Drainage Company, Huddleston is a drainage contractor. He has been in business for 47 years. Huddleston noted that he has done 80 solar farms. AIMA agreement requires the land to be in better shape when done then when it started. The Illinois Drainage Code states that we have to maintain the condition of the existing farm tiles most importantly we have to maintain tributary flows or drainage from the land of others. A series of investigation to help locate the field tile of the property and the surrounding properties will be completed.

Public Comment was opened at 8 P.M.

Teresa Kernc, Mayor of Diamond, was sworn in. When Diamond created their Enterprise Zone, the main focus was to support regional projects. Kernc noted that this project will help taxing bodies between Dwight and Gardner. Mayor Kernc recommends and support's the Blue Sky Project and feels that they will be good neighbors.

Gordon Von Qualen was sworn in. Von Qualen sent a letter in with his concerns regarding the solar project. Von Qualen states that it definitely will help the taxing bodies. Von Qualen will be surrounded by the solar farm. Von Qualen noted that this land is some of the best drained and maintained property in the County. Von Qualen felt that it would be better suited to place the solar farm somewhere else that does not produce as much yield as this property.

A copy of his letter will be entered into the record.

Aaron Halpin was sworn in. Halpin owns property on the eastern edge of the site. Halpin's concern was the setbacks and what is the reasoning for the setbacks. Halpin is concerned about the fencing and corn stalks getting caught up in the fencing and causing erosion. Huddleston stated that the recommendation is the fence will be 14 to 16 inches off of the ground for water flow and maintenance. Huddleston noted that the farm land is very nice land, and if the drain tile systems is maintained and the weeds are controlled, the ground will be in better condition then it is now.

Nelson asked how are they going to cross the creeks with the fences? Huddleston noted he is not sure, but they have done this before and used swing gates. Huddleston noted that the water ways will need to be maintained by the solar company. Huddleston noted that the creeks will need to be drudged, and a setback of 40-60 ft. along the creek will be needed. The maintenance crew will have to maintain the swing gate.

Miller addressed the setback requirements. The setbacks for homes and roads is 150 ft. The setbacks for Agricultural fields and vacant property is 10 ft.

Aaron Halpin noted that his farm is on the east side. Halpin noted that the map that they have does not reflect that he has a fence line on the eastern side.

Bob read into record a letter from Gary Perinar, the Executive Secretary-Treasurer for the Chicago Regional Council of Carpenters. The Council is in favor of the Blue Sky Solar project, and feels that it will create many good paying jobs.

Public Comment was closed at 8:17 P.M.

Skwarczynski stated that in prior cases we had a list of 22 conditions that needed to be met for solar farms. Skwarczynski asked since a solar farm has now been developed if any other concerns have arisen, and if so should we add them to the list of the 22 conditions. Miller noted that no conditions would be added from the building of the solar farm; however, concerns raised here tonight would cause additions of two more conditions. Miller stated the two conditions that they may want to consider is the maintenance of the creek and road use agreements.

Nelson asked if this project will need to go to lottery. Griger answered this is a privately owned utility sized project and does not need to go to lottery. The solar farms that were community solar project farms all had to go to lottery. Griger noted that this project will not be built until a power purchase agreement has been obtained.

Sandeno noted that 1.5 million acres of prime farm ground is lost in America every year. Joyce noted he grew up on a farm. Joyce noted that 50 years ago, most farms had cows, this meant ground was used for oats and hay. Joyce noted 50 years ago if you could yield 125 bushels off an acre of land that was an extremely high yield. Today's standard, 125 bushels to an acre of land is bankruptcy. Joyce stated that this is prime farm ground. There was a time when land was taken out of production to help maintain the price of grain. Joyce stated that he does not believe that enough ground will be taken out of production that there will not be enough food. Joyce agrees that maybe a different location should have been chosen, where the ground was not as high of producing as this farm.

Skwarczynski motioned to forward this petition for a variance and the special use to the Land Use Committee with a positive recommendation as long as it complies with the 22 conditions and two additional conditions that include creek maintenance and road agreements. Motion seconded by Joyce. Motion carried 5-2.

RESULT: REFERRED TO COMMITTEE [5 TO 2] Next: 11/24/2020 2:30 PM MOVER: Al Skwarczynski

SECONDER: Dick Joyce

AYES: Joyce, Breisch, Lynch, Skwarczynski, Sandeno

NAYS: Hill, Nelson

IV. Old Business

No Old Business was heard.

V. New Business

New business was not heard.

VI. Adjournment

1. adjourn

A motion was made to adjourn the meeting. Meeting was adjourned at 8:34 P.M.

http://grundycountyil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2662&Inline=True

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