Kendall County Zoning, Plotting and Advisory Committee met April 3.
Here is the minutes provided by the Committee:
Senior Planner Matt Asselmeier called the meeting to order at 9:00 a.m.
Present:
Aaron Rybski – Health Department
Don Clayton – GIS
Fran Klaas – Highway Department
David Guritz – Forest Preserve (Arrived at 9:05 a.m.)
Megan Andrews – Soil and Water Conservation District
Brian Holdiman – PBZ Department
Matt Asselmeier – PBZ Department
Absent:
Greg Chismark – WBK Engineering, LLC
Deputy Commander Jason Langston – Sheriff’s Department
Robert Davidson – PBZ Committee Chair
Audience:
None
Agenda:
Mr. Klaas made a motion, seconded by Mr. Rybski, to approve the agenda as proposed. With a voice vote of all ayes the motion carried.
Minutes:
Mr. Klaas made a motion, seconded by Mr. Rybski, to approve the March 6, 2018 meeting minutes with a correction to Petition 18-05 that an alternative sewer system “may” not “will” be required at the site. With a voice vote of all ayes the motion carried.
Petition:
Petition 18-13 Kendall County Planning, Building and Zoning Committee – Text Amendments to Sections 3.02 4.18, 7.01.D, 8.02.C, 8.03.H.1, 8.09.B, 9.02.C, 9.03.C, 9.04.C, 9.05.C, 9.06.F, 9.07.C, and 10.03.B of the Kendall County Zoning Ordinance by Amending Kendall County’s Solar Panel Zoning Regulations Mr. Asselmeier summarized the request. In recent months, the Kendall County Planning, Building and Zoning Department has received inquiries from solar energy consultants and property owners desiring to place solar panels on properties throughout the County. These solar panels would be used to generate power offsite from the location where the solar panels are placed. Kendall County adopted solar panel zoning regulations in 2010 and 2011, but these regulations focused on generating solar energy and using that energy onsite. The County also has zoning regulations for power plants, but many solar energy consultants were uncomfortable with a “power plant” classification.
Earlier in 2018, the Planning, Building and Zoning Committee instructed Staff to study the solar panel regulations of several counties. The proposed regulations of Boone, DeKalb, Grundy, Kankakee, Tazewell, and Will Counties were examined.
Mr. Guritz arrived at this time (9:05 a.m.)
At their meeting on March 12, 2018, the Planning, Building and Zoning Committee approved initiating text amendments to the Kendall County Zoning Ordinance incorporating DeKalb County’s proposed regulations into the Kendall County Zoning Ordinance. DeKalb County adopted their regulations in March 2018.
The proposal states that solar farms are greater than twenty (20) acres in size; solar gardens are a maximum twenty (20) acres, and solar panels are considered accessory if they produce not greater than one hundred twenty (120%) of the solar need for onsite consumption of energy. Solar gardens would be special uses in all zoning classifications. However, the special use permit could be waived if adjoining property owners sign affidavits agreeing to the placement of the solar garden. Solar farms are special uses in the A-1 district.
Mr. Holdiman previously suggested that 4.18.O.2 be removed from the proposal because the County currently does not require insurance for existing solar panels.
The Kendall County Farm Bureau was sent the proposal in March. They questioned why the bonding requirement was “may” and not “shall” (4.18.P.6).
The townships were mailed the proposal on March 22nd. To date, no townships have submitted comments.
Ms. Andrews suggested that 4.18.D.10 should be removed because the same language is found in 4.18.Q.3.
Ms. Andrews asked when an NRI would occur. Mr. Asselmeier responded that an NRI would occur as part of the application in the same way as other special use permit applications.
Ms. Andrews suggested requiring a more detailed contour map with existing vegetation, waterways, wetland boundaries, and FEMA FIRM information in a manner described in the Boone County ordinance.
Mr. Holdiman noted that 4.18.C.8 references a “State of Illinois Uniform Building Code”. This code does not exist and he recommended that the reference to such code be removed.
Mr. Klaas questioned allowing solar gardens by special use in all districts, particularly residential districts. Mr. Holdiman noted that most of the homeowners’ associations will restrict the placement of solar panels within the subdivisions. Mr. Klaas questioned whether or not enough space existed on residential lots to make the placement of solar gardens worthwhile or practical in most cases.
Mr. Rybski expressed a concern that solar panels not be installed in such a manner that negatively impacts septic fields or the function of septic fields. The area of the septic field should be kept free of structures for functioning and maintenance purposes. Ms. Andrews noted Boone County’s requirements related to abandoned wells. Mr. Holdiman noted that, at the time of building permit submittal, the Health Department should catch the location of wells and septic systems in relation to solar panels and related solar panel infrastructure.
Ms. Andrews suggest that the word “crops” found in line 7 of 4.18.C.4 be replaced with “vegetation” because crops probably will not be the only plants growing around the solar panels. Crops probably will not grow around the solar panels.
Mr. Guritz asked about the lot size in Henneberry Woods as it relates to this proposal. Mr. Holdiman noted that the new single-family home in Henneberry Woods was on twenty (20) acres.
Mr. Andrews made a motion, seconded by Mr. Guritz, to recommend approval of the proposed text amendment with the following amendments:
1. Section 4.18.D.10 should be removed because the same language is found in 4.18.Q.3.
2. A more detailed contour map with existing vegetation, waterways, wetland boundaries, and FEMA FIRM information in a manner described in the Boone County ordinance should be added to the proposal.
3. The reference to the State of Illinois Uniform Building Code found in Section 4.18.C.8 should be removed.
4. Greater discussion should occur regarding the desire to have solar gardens in residential zoned districts.
5. The word “crops” found in line 7 of 4.18.C.4 should be replaced with the word “vegetation” because crops probably will not be the only plants growing around the solar panels and crops probably will not grow around the solar panels.
Ayes (7): Klaas, Guritz, Rybski, Andrews, Clayton, Holdiman, and Asselmeier
Nays (0): None
Absent: (3) Langston, Chismark, and Davidson
The motion passed unanimously. This matter will go before the Kendall County Regional Planning Commission on April 25th.
Review Of Petitions That Went To County Board:
Mr. Asselmeier reported that Petition 17-33 transferring special use hearings from the Hearing Officer to the Zoning Board of Appeals was approved by the County Board.
Mr. Asselmeier also reported that Petition 17-29 regarding distance notification requirements for special use applicants was sent back to the Planning, Building, and Zoning Committee by the Committee of the Whole.
Petition 18-03 regarding the items that ZPAC and Kendall County Regional Planning Commission reviews will have a public hearing on April 30th.
Old Business/New Business:
Mr. Asselmeier reported that the Illinois Department of Transportation recorded a document withdrawing the centerline protection for the Prairie Parkway.
Public Comment:
None
Adjournment:
Mr. Klaas made a motion, seconded by Ms. Andrews to adjourn. With a voice vote of all ayes, the motion carried. The ZPAC, at 9:39 a.m., adjourned.
https://www.co.kendall.il.us/wp-content/uploads/ZPAC-Minutes-4-3-18-Approved.pdf
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