Trajectory Energy applications for solar projects do not pass Logan County ZBA

 

[August 11, 2022] 

On Wednesday, August 3, the Logan County Zoning Board of Appeals met to consider the applications of Trajectory Energy Partners LLC for conditional use permits for solar farms. These applications are for two different community solar projects: Stovepipe Solar and Red Bird Solar.

Stovepipe Solar would be in Chester Township, just off Primm Road. Red Bird Solar, LLC would be in East Lincoln Township, just off Route 10.

ZBA members present were Chairman Doug Thompson, Cheryl Baker, Brett Farmer, Judy Graff and Scott Noltensmeier.

Kiersten Sheets Project Development Manager of Trajectory Energy, who develops solar projects, presented the plans. She said no variances from the solar ordinance are requested.

Sheets gave ZBA members packets with facts about solar projects.

Stovepipe Solar and Red Bird Solar are both five-megawatt community solar projects. Community solar programs open November 1. Sheets said that is why are doing the process now.

With community solar, Sheets said a central solar power plant is connected to the grid. That allows people to subscribe to or purchase portions of the electricity produced at a discount. The prices are usually 20 percent less than Ameren’s price.

Community solar programs exist because of a law passed in September 2021 called the Clean and Equitable Jobs Act. It is the newest renewable energy law passed in Illinois. Sheets said it is one of the most progressive renewable energy laws.

Stovepipe Solar is being developed under the community development program. Sheets said it is in a census tract called R3, which stands for restore, reinvest and renew.

This program is with the state of Illinois and the company tries to work with a local partner. Sheets said Trajectory Energy is partnering with Community Action Partnership of Illinois (CAPCIL) to get it into the Country Development Cooperation Strategy (CDCS) Program.
 

Red Bird Solar is being developed as traditional community solar sold through subscriptions.

Each project would support union construction jobs. Sheets said they would try to use as much of the local building trades as possible.

In the proposed sites, Sheets said both have the required infrastructure for constructing a solar project. Primm Road and Highway 10 each have a three-phase connection line a project can tap into.

Sheets said they will put up Access Tracker Panels, which run north and south, and track sun during the day.

There are three reasons Sheets said they chose the locations they did:

1. The electrical infrastructure that is available. They have done preliminary applications with Ameren.
2. Landowners are interested and willing to sign leases.
3. The county has a solar ordinance, so solar farms are a permitted use in the county.

Sheets then shared financial benefits of the projects. Stovepipe Solar and Red Bird Solar would be investing $10 million each in their projects, bringing $20 M to the area. There would be 60 percent that would go to local labor, so that would be about $6 M per project.

Over $30,000 in property taxes would be brought in for each project every year for the life of the project. Sheets said altogether the projects would bring in [over] $1.2 M in property taxes over the 35-year life span.

For each project Sheets said it represents about $200,000 for the community in electrical savings. In total, that would be a savings of about $400,000 for local residents.

Sheets said taxing bodies will receive more tax revenue from the projects. She shared yearly increases for the following taxing bodies:

• School District 61 would receive an extra $22,000.

• High School District 404 would receive an extra $19,000.

• Rural Fire Protection District would receive an extra $7,000.

• The county would receive approximately $6,000.

• Heartland Community College would receive $5,000.

• Chester Township Road and Bridge would receive $1,200.
 

• Chester Township would receive $900.

• East Lincoln Road and Bridge would receive about $900.

• East Lincoln Township would receive about $450.

These projects would comply with all setbacks and service road access. Sheets said that means, no variances will be needed.

With Stovepipe Solar, Sheets said compliances with the special district, agricultural district and residential district are all involved. The proposed site for Stovepipe Solar is 42 acres. Sheets mailed out information with project site plans to 35 neighbors. No one called to ask questions.

For Red Bird Solar, the proposed area is 43 acres. Sheets sent out information with project site plans to 15 neighbors. For this project, Sheets did receive a few calls asking about property values, location, materials and fencing.

Since March, Sheets has met with CAPCIL representatives, county board members and community leaders to discuss the project.

The solar ordinance requires companies to post a bond in case anything would happen to Trajectory Energy or one of their operators. This bond would give the county money to take the project out.

When Solar Farms are decommissioned, Sheets said no trace is left. Everything is taken out including shrubs or landscaping they may have planted around the fence. The intent is to go back into agriculture at the end of the project. Decommissioning takes somewhere between six weeks and six months.

For decommissioning values, Sheets said they are estimated at about $502,500 for each one. Those amounts will be bonded for the county.

The landowners who signed leases then spoke.

Mr. Martin signed an agreement because he believes the investment in solar will provide a good return for his family.

Mr. Quisenberry signed an agreement with Red Bird Solar. Quisenberry believes there will be triple the return on his investment. Quisenberry feels renewable energy is the wave of the future. He also sees the project as a way to monetize his property so it will stay in the family for a couple more generations.

ZBA members then asked Sheets several questions.

Graff asked who can subscribe and if cost savings would be across the county. She also asked about using local labor.

With cost savings, Sheets said as long as you are an Ameren customer in the county you can subscribe to it and see cost savings.

When they get ready for construction, Sheets said a construction management company would guarantee to local unions they would use local labor. During the 12-month construction phase, Sheets said there would be about 25 local jobs.

Both areas have good farm ground. Noltensmeier said people have expressed concern about taking prime farm ground away for projects.

Because solar projects are temporary and will leave no trace when done, Sheets said these sites can return to farm ground later. Currently, these sites have both build capacity and interested landowners.

The Red Bird Solar project would be located close to the airport, so Thompson had concerns about glare [from the panels].

The glass used in solar panels is anti-reflective. Therefore, Sheets said glare is minimal. She said projects are often located on or near airport properties. They must maintain a 500-foot setback from the runway.

The Federal Aviation Administration has guidelines for siting solar projects at airports. Sheets said they are compliant with the FAA guidelines.

If the farms have drainage tile systems, Thompson asked if the company would ensure they are not damaged by the project.

Illinois has an Agricultural Impact Mitigation Agreement (AIMA) developed by the Illinois Farm Bureau and Department of Agriculture.

With AIMA, Sheets said they are required to locate drainage tiles before designing the project and design around the tiles. AIMA requires them to repair any drainage tiles that get damaged during construction or decommissioning.
One company locates tiles with prodding sticks. Sheets said a man the company has worked with uses a remote-controlled finder that runs through the drainage tile and locates it with GPS.

For the connections, Thompson said it appeared the connection to the grid does not require large infrastructure.

There would be a transformer and six utility poles to connect to the grid. Sheets said interconnection equipment is just outside the fence.

One question Noltensmeier had was whether a power pole would come down the road by Red Bird Solar.

With the connection lines, Sheets said they would most likely be buried out to the three-phase line. The access road would not be affected.

Public comments

Ron Hall has lived near the proposed Red Bird Solar location for 33 years. Hall said he and his wife do not want to see solar panels when they get up every morning. Hall is against the project because the solar field will be a half mile from his residence.

In relation to that concern, one question Noltensmeier had about the panels was how tall they would be in the upright position. He then wanted to know how tall the panels would be in the flat position.

When the solar panels are in the upright position, Sheets said they are approximately 15 feet tall. When flat in the middle of the day, Sheets said they are about five feet tall.

Blair Hoerbert represented the Logan County Farm Bureau, which has developed a solar policy. This policy says, “We support efforts to locate solar energy projects on marginal underused lands including brownfield sites, highway right of ways, entrance and exit ramps, rest areas, welcome centers, embankments, on IDNR non-tillable properties, on urban and rural rooftops, vacant lots, farmsteads and on or over parking areas.”

The Logan County Farm Bureau also supports efforts “to locate solar energy project first on non-tillable acres and if on tillable lands, placing projects on soils with a PI 116 or less whenever possible.

Agriculture is a valuable resource in the county, which Hoerbert said should be considered. Logan County Farm Bureau members have concerns about covering farmland with panels. The inputs farmers buy from agriculture retailers contribute to the county’s economic well-being, and the Farm Bureau wants to preserve that revenue stream.

One question Thompson had was whether the Illinois Farm Bureau has a solar policy.

Recently, Hoerbert said Logan County Farm Bureau submitted this solar policy to the Illinois Farm Bureau for their review.

Since the policy is not in the county zoning ordinance, Thompson said they could not judge the project based on it. He said if the Farm Bureau feels strongly about the policy, ordinance changes should be addressed through the county board.

Joyce Liesman lives a quarter mile from the Lincoln Park District. Liesman and her husband have concerns about the Stove Pipe project’s impact on Primm Road. These concerns include traffic issues, where lines will be placed and seeing solar panels from their house.

The Liesmans have put in a large prairie grass area on their land to encourage wildlife and birds. Many deer pass through the area. Liesman said blocking their passage with a seven-foot fence will have an impact.

Though Liesman and her husband are not opposed to progress, she said they are concerned about the project taking out good farmland. Liesman said they are opposed to the project because they purchased the land and farmland around it 22 years ago to preserve it. The Liesmans never imagined having a solar farm across from them.

Looking at the site map, Thompson said it appeared the interconnection lines would be directly across from the Liesman’s property.

To ensure that the interconnection line is not directly across the road from the Liesmans, Sheets said they could move the line.

As for road traffic, Sheets said with a five-megawatt site on 42 acres, construction will take between nine and 12 months depending on weather.

A couple semi-trailers will be used to bring in solar panels. However, Sheets said those working on the project will drive their personal vehicles and not semis. When working, people will park inside the fenced in area. Sheets said they must have a parking plan.

Lyndall Dallas lives near the proposed areas. He asked about setbacks and affects on surface water movement.

The fence will have a 30-foot setback from the parcel line. Sheets said the fence will be set back 80 feet from the road. The solar panel will be 10 feet inside the fence.

The vegetative ground cover has a deep root system. Sheets said studies coming out show these roots manage water better.
Sheets said there will be no affect on water movement. The company will make sure the vegetation is managed.
 

Seth Uphoff, the lawyer representing the project, said the Illinois Drainage Law regulates the flow of water. The flow of water is slowed down year-round when there are grasses. Uphoff said that causes less erosion.

If there would be an increased flow that causes flooding, Uphoff said these problems would be addressed. The grasses should absorb the drainage and flow.

There is some water that runs right onto the proposed site. If the fence dams up the water, Dallas asked who to call.

In response, Uphoff said there would be a list of contacts provided if there are issues.

One of the landowners said Trajectory Energy told him they would fix problems. If the project changes the water flow, Martin said they are required to remediate the issue.

Logan County Airport Manager Gene Rohlfs asked about a 7460 Airspace Study submitted through the FAA website and a Glare Study. He said the airport’s engineer wanted to know about these studies.

The company has done glare studies. Sheets said they comply with the distance from the airport. If needed, Sheet said they could do the 7460 Airspace Study, but she was not familiar with it.

In the county zoning ordinance, Uphoff said FAA conditions like glare are addressed. The FAA must sign off on issues too.

Thompson then asked project lawyer Seth Uphoff for closing comments.

While Uphoff said he understands concerns raised about what neighbors will be looking at, he said that is the nature of zoning. Things change and Uphoff said you cannot guarantee which direction things are going to go.

Property rights must be balanced with ordinances in place. Unless it harms someone else’s property, Uphoff said people can do what they want with their own land. People have the right to utilize their property even if their neighbor does not like it and it makes the neighbor’s view less enjoyable.

With the solar project applications, Uphoff said no evidence has been shown of any harm to property values or neighbor’s properties. There is no evidence of any physical harm. He feels the applications “check the boxes” of the county zoning ordinance. If needed, Uphoff said conditions can be added in the future.
 

To Uphoff, no evidence shows these projects will be substantially detrimental, endanger public safety. He said there is no evidence the project would be substantially injurious to the use and enjoyment of other properties. There is also no evidence it will impede the development of surrounding properties.

Landowners have the option to take productive farmland out of production. Uphoff said they can use the farm ground however they want to use it.

In taking a position that we should only put projects on non-productive farm ground, Uphoff said that says to landowners they can only use it in the way others want them to.

In closing, Uphoff said he believes the applications meet the requirements of the [conditional use] ordinance. Therefore, he asked the ZBA to pass and approve the conditional uses for the project.

After Uphoff finished his comments, ZBA members discussed whether the conditions met the Logan County Zoning Ordinance requirements. The following areas from section 10.3 of the zoning ordinance covering conditional uses were considered:

1. The establishment, maintenance or operation of the conditional use will not be substantially detrimental to or endanger the public health, safety, morals, comfort or general welfare

2. The conditional use will not be substantially injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted nor substantially diminish property values within the neighborhood

3. The establishment of the conditional use will not substantially impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

4. Adequate utilities, access roads, drainage or necessary facilities have been or will be provided.

5. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

As ZBA members considered the conditions, there was discussion about some concerns raised.
 

Since some feel solar panels are detrimental aesthetically, Graff said it may change the value of farm ground.

Baker said if people did not want to see solar panels it might decrease property values. Though Baker would rather see wind towers than solar panels, she said others may not feel that way.

To Thompson, no evidence was shown that these projects would affect property values. If needed, the ZBA could suggest the county board address wind breaks and views.

Putting in trees as a provision is something Graff thinks could help block the view of the panels.

Moving the utility box is something Noltensmeier thought would be helpful.

Collaborating with neighbors to improve aesthetics and moving the connection are two areas Thompson wanted to add.

The project should not impede development, and Thompson said FAA ordinances would need to be addressed.

Having a road use agreement is something Noltensmeier said would address any road issues.

During construction, Graff has concerns about road traffic.

Road issues are something Thompson said would need to be worked out with the road commissioner for each township.

Once ZBA members had considered these areas, Farmer motioned to pass the application for the conditional use for Red Bird Solar with conditions added.

The vote on the Red Bird Solar motion was 3-2.

Baker, Farmer and Thompson voted yes.

Graff and Noltensmeier voted no.

Because four yes votes were needed, the motion did not pass.

Farmer next made the same motion for Stovepipe Solar.

This motion failed with 2-3 vote.

Farmer and Thompson voted yes.

Baker, Graff and Noltensmeier voted no.

These recommendations will be passed on to the Logan County Board.

The board may consider these applications at the Board Workshop on Aug 11 and Regular voting meeting set for Aug 16.

[Angela Reiners]