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Iroquois County Board sends solar company conditional use request back to zoning board

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The Iroquois County Board approved a resolution to send a solar company’s conditional use request back to the zoning board of appeals.

At the Aug. 12 meeting, the board approved the resolution to do that for the Louis Creek Solar LLC 9a subsidiary of Allium Renewable Energy) conditional use permit application and variance request.

The project is two miles north of Buckley.

Public hearings on the request for July 22 and July 29 with the Iroquois County ZBA.

The resolution approved Aug. 12 by the county board remands the applications back to the ZBA for further evidence on four issues.

The first is “surface and subsurface drainage of the site, including but not limited to identification of panels and numbers of acres drains to any of the project’s participating parcels;

“the identification of parcels and numbers of acres draining to the project’s participating parcels through the subsurface draining features, including drain tiles;

“identification of parcels and number of acres drained by the surface drainage of any of the projects’ participating parcels”:

“identification of drain tile within the proposed battery energy storage system and potential alternate location(s)”;

“current elevation of the proposed battery energy storage system”; and

“the potential drainage impacts of the project, and potential design alternatives to mitigate or eliminate drainage impacts.”

The county is also seeking additional information about specific materials planned to be used for the chain link visual barrier instead of a living vegetative buffer.

The county would also like more information about the specific component manufacturers of the solar panels, racking system and batter storage system.

The county would also like any other matters that “reasonably relate” to items one through three.

In the Aug. 5 tax and zoning committee minutes read by board member Doug Geiger at the Aug. 12 meeting, it was noted that the committee that day discussed “the Louis Creek Solar LLC’s application for a conditional use permit to construct and operate a 50 MW AC Commercial Solar Energy Facility and 10 MW AC of Battery Energy Storage System.  Geiger read, “Andrew Keyt with Heyl Royster explained the application has gone through the Zoning Board of Appeals process of a public hearing and the ZBA had a few concerns they would like investigated further.  These concerns include the battery storage portion and what manufacturer they plan to use.  Also, the design of the solar panels and the manufacturer hasn’t been determined.  More importantly, there was an issue that came up with drainage on the site.  This particular parcel drains approximately 1,000 acres from the surrounding parcels and where the battery storage portion is located.  Keyt said the ZBA recommended approval subject to their conditions.  The County Board can approve the application as is, approve the application subject to conditions, deny the application or send the application back to the ZBA.  Keyt recommended the application be sent back to the ZBA.  It was moved by Doug Geiger and seconded by Huse to recommend to the County Board that they send the Louis Creek Solar Conditional Use Application back to the Zoning Board of Appeals with specific instructions on what to evaluate.  A roll call vote was taken.  Motion carried.  In regards to the Louis Creek Solar LLC’s variance request to allow for an alternative to the living buffer requirement of the Commercial Solar Energy Facility Ordinance, Keyt said this will also go back to the ZBA.”

In the Aug. 12 meeting, Keyt said, “probably the only reason to go back to the zoning board is to vet out this drainage issue at the site. There is a drainage district there. It is an older drainage district. There is a very large drain tile that runs underneath that property. Some of this came up at the hearing. It’s difficult to vet all that when we don’t have enough lead time to address it. It gives us an opportunity to work with our county’s engineer, they are a third party engineer, to develop what the game plan would be, whether it is appropriate and can work there and to address the drainage on that site to make it work.” He said the other issues are important also.

The project is 350 acres, he said, with a portion of that being battery storage.

Geiger said the drainage district was established in 1926 and was never on the county’s rolls. It is a mutual district, where no taxing money usually goes toward it, and the district taking care of the repairs as needed. He said they have been included in discussions to make sure everyone is informed.

In a similar matter, the county Aug. 12 approved the resolution to allow a zoning text amendment to allow temporary meteorological towers as a permitted use in agricultural districts in Iroquois County.

Geiger read from the Aug. 5 minutes, “Discussion was held on deeming the Commerce Street Solar’s Conditional Use Permit complete. Keyt reported the application was received in the Planning & Zoning Office and forwarded to Scott Drabicki with Clark Dietz for review.  Drabicki did note a few items that needed addressed and correspondence was sent to Commerce Street Solar.  All items have been addressed and Keyt said the application is complete and ready for public hearing.  Geiger discussed the applications being received and requested the applicants include page numbers going forward.  It was moved by McGinnis and seconded by Whitlow to accept the Conditional Use Application from Commerce Street Solar.  A roll call vote was taken.  Motion carried.  Keyt believes the public hearing can include the Louis Creek Solar LLC recommendations as well as Commerce Street Solar.

“The committee discussed holding a public hearing on amendments to the Zoning Ordinance to allow temporary meteorological towers as a permitted use in agricultural districts. Keyt recommended the committee send a resolution for the temporary meteorological towers as a permitted use.  It was moved by McGinnis and seconded by Whitlow to amend our Zoning Ordinance to allow a temporary meteorological tower as a permitted use in agricultural districts, subject to the Zoning Board of Appeals process and language.  A roll call vote was taken.  Motion carried.” The board approved the resolution for the meteorological towers Aug. 12.