DeKalb Times

DeKalb County Planning, Zoning & Development Committee met May 24.

Here are the minutes provided by the committee:

The Planning and Zoning Committee of the DeKalb County Board met on May 24, 2023 at 6:30  pm in the DeKalb County Legislative Center, Gathertorium, in Sycamore, Illinois. In attendance  were: Committee Members: John Frieders, Rhonda Henke, Jim Luebke, Terri Mann-Lamb, Jerry  Osland, Roy Plote, and Suzanne Willis; Community Development Department staff: Derek Hiland  and Marcellus Anderson. Also, in attendance were: County Board members: Tim Bagby, Kathy  Lampkins, and Amber Quitno; Todd Latham, Mayor of the City of Sandwich, and Rebecca  Johnson, an Alderwoman for the City of Sandwich; Joe Roberts; Attorney Kyle Barry, Hamilton  Carrier, and Michael Keith, representing Ironwood Renewables; Dr. Todd Wilson; James  Hutcheson; John Lyon; Alan Bark; Hal Sprague; Kristen Faber; Don Wilrett; and Roger Larson.  

Call to Order / Roll Call  

Ms. Mann-Lamb, Planning and Zoning Committee Chair, called the meeting to order.  Approval of Agenda  

Committee Action: Ms. Willis moved to approve the agenda, seconded by Mr. Osland, and the  motion carried unanimously.  

Approval of the Minutes of the April 26, 2023 Planning, Zoning, & Development Meeting  

Committee Action: Mr. Luebke moved to approve the minutes of the April 26, 2023 meeting,  seconded by Ms. Henke, and the motion carried unanimously.  

Public Comments  

Todd Latham, the Mayor of the City of Sandwich, voiced the City's opposition to solar garden  proposed to be built along Pratt Road by ASD Castle Solar, elaborating on how the proposed  project would hamper the future growth and development of the City. Mr. Osland noted that the  Sandwich Fire District had acquired property along the south side of Pratt Road to be used as a  future site for a new firehouse once that area developed.  

Rebecca Johnson, an Alderwoman for the City of Sandwich, asserted that the citizens of Sandwich  were not in favor of the solar garden proposed to be built along Pratt Road by ASD Castle Solar,  noting that she did not see any benefit for the Community. Mr. Osland also noted that this area  was the main entryway to the Sandwich Fairgrounds. 

Alan Bark described how he did not feel that the solar garden proposed by Ironwood Renewables  did not meet the criteria for approval. He talked about the negative impacts he felt it would have  on the Devine Mutual Drainage District.  

Kristen Faber also described how she did not feel that the solar garden proposed by Ironwood  Renewables did not meet the criteria for approval. She elaborated more on the Devine Mutual  Drainage District and their concerns about the project. She asked the Committee to deny the  project.  

Dr. Todd Wilson noted that he had emailed the County Board draft language for a noise ordinance.  He talked about the County's existing regulations and their deficiencies in addressing noise issues.  He elaborated on his proposed noise ordinance and asked that the Committee adopt his proposed  noise ordinance. He also offered his assistance to the County Board in developing a noise  ordinance.  

Ordinances  

Ordinance O2023-013-An Ordinance Approving a Special Use Permit for a 88-Acre, 5- Megawatt Solar Garden Located on the West Side of Somonauk Road in Squaw Grove  Township.  

Mr. Hiland informed the Committee that the Ironwood Renewables had submitted an application  for a Special Use Permit for a 5-megawatt solar garden to be located on Somonauk Road, to be  know as Shenandoah Solar. He noted that a public hearing had been held on April 27, 2023, and  that the Hearing Officer had recommended approval with conditions.  

Committee Action: Ms. Willis moved to recommend approval, with conditions, of the proposed  Special Use Permit, seconded by Mr. Osland.  

Ms. Willis noted that one of the conditions that the Hearing Officer recommended was the that the  applicants work with the Devine Mutual Drainage District to address their concerns regarding a  drainageway which runs through the proposed project site. Attorney Kyle Barry, representing  Ironwood Renewables, distributed a revised site plan that Ironwood Renewables had developed in  response to the Drainage District's concerns, which showed the project site being divided into two  parts, one on either side of the drainageway, with the security fencing enclosing the two parts  separately and leaving the drainageway open and unblocked. Michael Keith, also representing the  Ironwood project, elaborated on the changes they made, which they felt would allow the Drainage  District access to maintain the drainageway.  

Mr. Osland spoke with Mr. Keith regarding the existing drain tiles and the proposed solar panels.  

Attorney Barry responded to a statement from a member of the Devine Mutual Drainage District  that the company needed to get approval from the Drainage District, referring to the Illinois County  Code, which noted that solar projects were authorized to cross or impact drainage districts, but  were responsible for repairing any damages done. Ms. Willis noted that the particular language he was referring to was part of the newly adopted State regulations regarding solar projects, which  did not apply to projects submitted prior to the adoption by the County of the new regulations.  

Mr. Frieders noted that the site plan only highlighted the drainageway, but that he was aware of  other drain tiles on the site. Hamilton Carrier (representing Ironwood Renewables) responded that  the drainageway was readily observable, and that they were aware that other drain tiles were on  the property, but that they would not know the actual locations until after the drain tile survey was  completed.  

Mr. Plote inquired whether drain tile surveys were normally required to be done before the public  hearing or after. Mr. Hiland explained that the drain tile surveys must be done before the Building  Permit is submitted and is required for the Site Development Permit. He also explained that  preparation of the drain tile survey was weather and season dependent.  

Mr. Plote asked for clarification about how the project site would be fenced and whether it would  affect the flow of the drainageway. Mr. Keith elaborated in greater detail on the revised fencing  plan and their intent to avoid impacting the drainageway.  

Mr. Plote asked for more information on the layout of the drain tiles on the property. Mr. Bark  described how the tiles were laid out. Mr. Keith noted that it was hard to know until after the drain  tile survey was completed, but stated that they would work with the Drainage District.  

Ms. Mann-Lamb inquired whether the project might have to lose some panels in adjusting for the  drain tiles. Mr. Keith responded that it would depend on the results of the drain tile survey, but  noted that they had some space to spread out and adjust the array.  

Mr. Osland inquired as to how many 1000' s of acres were connected to the drainageway. Mr. Bark  replied that there were about 2,000 acres. Mr. Carrier noted that the Huddleson-McBride (the  company conducting the drain tile survey) would be locating and repairing the tiles during the  project. Ms. Mann-Lamb inquired if it this was documented anywhere. Mr. Carrier replied that it  was all part of the State AIMA agreement that they had to sign, a copy of which was submitted  with the application. Ms. Willis confirmed with Mr. Hiland that all of this would also have to be  satisfied prior to the issuance of the Building Permit.  

Mr. Frieders inquired whether the project would be putting in about a half mile road. Mr. Keith  responded that he did not know the exact distance of the access road to be installed off hand, but  did note that it would be a gravel road. Mr. Frieders asked Mr. Hiland whether the County's  Ordinance allowed for a half mile road. Mr. Hiland responded that the County's Ordinance did not  specify a limit to the length of the access road.  

Ms. Henke inquired about the material to be used to cross the drainageway. Mr. Keith explained  that the crossing would use a grass paver system, and described the system and how it would work.  

Mr. Plote inquired as to what would be done if a drain tile was found to run under the proposed  location for a pile or invertor pad. Mr. Keith explained that once they knew the locations of the tiles, they would develop their plans to either divert the tile or relocate the pads to a different  location; it would depend on the circumstances.  

A brief discussion was had about the depth of the piles holding the panels versus the depth of the  drain tiles on site.  

Mr. Hiland had the applicants describe in greater detail what happens along the access road as it  passes from the part of the project on one side of the drainageway to the part on the other side. He  then confirmed with them that the drainageway would stay open and accessible.  

Mr. Hutcheson inquired whether the applicants had addressed the problem with the end of the  fence line, where the spoils from cleaning out the ditch were placed. The applicants noted that they  had the space to move the fence further north on the property.  

Mr. Hiland reminded the Committee that the Hearing Officer did recommend that a condition of  approval be that the petitioners work with the Drainage District.  

Committee Action: A Roll Call Vote was had on the motion to recommend approval of the Special  Use Permit, and the motion carried four (4: JL, TML, RP, SW) to three (3: JF, RH, JO).  

Ordinance O2023-014---An Ordinance Approving a Special Use Permit for a Large-Scale  Agritainment Use on Property Located at 905 South Countyline Road in Sandwich  Township.  

Mr. Hiland informed the Committee that the Roberts were seeking a Special Use Permit to expand  their existing farm stand into a large-scale agritainment use. He noted that the Hearing Officer had  recommended approval, with conditions, of the use.  

Committee Action: Mr. Plate moved to recommend approval of the proposed Special Use Permit,  with conditions, seconded by Mr. Frieders.  

Mr. Willis had Mr. Hiland elaborate in greater detail on the proposed project, which he did.  

Mr. Plote inquired whether alcohol vending had anything to do with the Committee. Mr. Hiland  responded that it not necessarily a zoning matter, per se, but noted that they would have to acquire  the appropriate liquor license and approval from the DeKalb County Health Department. Mr.  Hiland then had Mr. Roberts elaborate on the alcohol vending system he was proposing to use.  Mr. Roberts also noted that he was only proposing to sell craft beverages, not mass-produced  brands, and that events would be limited to people 21 and over. Ms. Mann-Lamb noted that she  had seen the proposed system in use at other locations. Mr. Roberts also noted that they would be  setting limitations on the amount of alcohol consumption.  

Mr. Frieders inquired about the amount of work that would need to be done prior to opening. Mr.  Roberts noted that they need to build a bathroom building and a parking lot. Mr. Latham  commented that the City of Sandwich supported the project, but noted that in the future, they will  have to meet the City's codes when the City grows and encompasses the site. Mr. Hiland noted 

that one of the proposed conditions of approval was that the facility would be required to hook up  to City water and sewer, once those services are made available to them in the future.  

Committee Action: A Roll Call Vote was had on the motion to recommend approval, with  conditions, of the Special Use Permit, and the motion carried unanimously.  

Ordinance O2023-015---An Ordinance Amending a Special Use Permit for an Agribusiness  on Property Located at 1811 West State Street in Mayfield Township. 

Mr. Hiland informed the Committee that CHS Elburn was seeking to expand their existing business  with the addition of a new Urea Ammonium Nitrate storage tank. He noted that approved special  uses are allowed to grow up to 110% before having to revisit the special use permit, and that the  proposed tank would take them beyond that limit. He reported that the Hearing had been held on  May 4, 2023, and that the Hearing Officer had recommended approval, with conditions.  

Committee Action: Mr. Luebke moved to recommend approval, with conditions, of the proposed  Special Use Permit, seconded by Mr. Plote.  

Mr. Plote noted that the proposed tank sat above the ground and reported on comments made  during the public hearing, which he attended.  

Mr. Hiland talked about the recommended conditions of approval.  

Ms. Henke confirmed with Mr. Hiland that the six existing tanks would be remaining on site.  

Committee Action: A Roll Call Vote was had on the motion to recommend approval of the Special  Use Permit, and the motion carried unanimously.  

Ordinance O2023-016---An Ordinance Approving a Special Use Permit Request for a 31.2- Acre, 5-Megawatt Solar Garden Located on the Northeast Corner of Pratt and West  Sandwich Road in Sandwich Township  

Mr. Hiland informed the Committee that Amp Solar Development was seeking a Special Use  Permit for the establishment and operation of a 5-megawatt solar garden, to be know as ASD  Castle Solar, on 32-acres of a 80-acre property. He noted that the Hearing Officer acknowledged  that the City of Sandwich and fifteen (15) members of the public spoke in opposition to the project.  He reported that the Hearing Officer had recommended approval, with conditions.  

Committee Action: Ms. Willis moved to recommend approval of the proposed Special Use Permit,  seconded by Ms. Henke.  

Mr. Plote inquired whether the petitioners had figured out what to do with the gas pipeline, which  runs through the project site. Mr. Hiland responded that he did not know, and noted that nobody  from the petitioners was in attendance. 

Ms. Mann-Lamb inquired who owned the subject property. Mayor Latham responded that the  property was owned by Scott Krill. Ms. Mann-Lamb inquired whether the City had spoken with  the petitioners about its Comprehensive plan. Mayor Latham responded that the City had no  contact with the petitioners, and no knowledge of the proposed project until they had received the  notice for the public hearing.  

Mr. Frieders commented that he felt that given time a mutual agreement could be worked out.  Mayor Latham agreed, and went on to describe the City's future plans and steps that had been  taken in those regards. Mr. Frieders noted that the Mayor and the City had worked hard to develop  their Future Plans.  

Ms. Mann-Lamb noted that the Committee would like to continue the matter to their next meeting.  The Committee and Mr. Hiland had a discussion regarding the next Committee meeting. It was  noted that the County Board takes a recess in July, during which no meetings are held. Mr. Hiland  noted that the Committee could choose whether to meet in June or July, as any actions they take  would not be heard until the August County Board meeting. He did note, however, that there were  already items slated for the June meeting.  

Ms. Willis noted that this project fell within the 1.5-mile buffer zone, and inquired how that would  work in this case. Mr. Hiland explained that this application had been submitted prior to the  adoption of the new solar regulations, therefore it fell under the previously established rules. He  also talked about what impact the City could have upon the County's process regarding the Special  Use application.  

Committee Action: Mr. Plate moved to continue further discussion of the matter to their next  meeting, seconded by Mr. Luebke, and the motion carried unanimously.  

Ms. Willis noted that the applicants had not interacted with the locals, and inquired whether the  County recommend that they do so. Mr. Hiland replied that staff always encourages developers to  reach out to the local community. He noted that some developers did, but others did not.  

Hal Sprague, of Turning Point Energy, addressed the Committee, talking about a project that they  would soon be submitting, and about a particular State program that they were seeking to be a part  of that requires that a solar company work with local residents.  

The Committee had a discussion with Mr. Hiland regarding whether to hold their next meeting on  June 28th or July 26th, and decided to hold it on June 28th.  

Resolutions  

none  

Considerations / Discussion Items  

none  

Old Business  

none 

New Business  

none  

Adjournment  

Mr. Luebke moved to adjourn the meeting, seconded by Ms. Willis, and the motion carried  unanimously.  

https://dekalbcounty.org/wp-content/uploads/2023/06/minutes-pz-05242023.pdf