City of Pontiac Planning & Zoning Board met May 8.
Here are the minutes provided by the board:
The City of Pontiac Planning and Zoning Board held a meeting on Monday, May 8, 2023 at 4:30 p.m. in the City Hall Council Chambers to consider the following:
BAP Power Corporation DPA Cenergy Power, LLC, petitioner, requests a Special Use Permit from the City of Pontiac for 1 ground mounted community Solar Project and a variance to reduce the required 8 foot fence to a 7 foot fence. The legal address of the property is Lots 6 and 7 and part of Lot 8 of the subdivision of the Southeast Quarter of Section 23, Township 28 North, Rage 5 East of the Third Principal Meridian, with a common address of 101 Pearl Street, to Pontiac, Illinois, located in an E-R Estate Residential District.
The previous public notice stated that City of Pontiac was to consider amendment of Table 4.04.1 of Section 4 of the Pontiac Zoning Ordinance entitled “Table of Permitted and Special Uses,” to add an “S” under the E-R Estate Residential District column in the “Solar Farm” line to provide that solar farms are a special use in the E-R Estate Residential District, however, this was already approved in Ordinance 2022-O-026.
The following members were present: Bill Abraham, Rick Baier, Tim Lewis, Matt Stock, Pat Martin, Tim Fogarty, and Don Hicks, with no members absent. Also present were David Wilson from the Building and Zoning Office, City Administrator Jim Woolford, City Attorney Alan Schrock, representatives for Petitioner, Chad Chahbazi and Bill Heck, and several audience members. With a quorum being present, the meeting began at 4:30 p.m.
Rick Baier made a motion to approve the minutes from the March 27th, 2023 meeting, and with a second from Bill Abraham and a unanimous yes vote, the minutes were approved. Bill Heck presented the project to the Board and proposed the need for a variance to decrease by 1 foot, making the required 8 foot fence a 7 foot fence. Mr. Heck stated that the company owns another project by Pontiac Airport that has been a positive influence to the City and the residents, stating that the Pearl Street Solar Farm would continue to increase positive influence. Mr. Heck stated that this particular project will be on 6 acres as opposed to the normal 30 acres, the solar panels are created for a 35 year lifespan, and that this project would be an ideal use for a floodway as there will be minimal excavation and the ground can be elevated. Mr. Heck maintained that the company will pay County taxes of $8,000-$10,000 a year and will pay $12,000 rent to the City with a yearly 2% increase. CohnReznick, an advisory, assurance & tax firm performed a property value impact study that concluded that property values in the neighboring area do not increase or decrease. Chad Chahbazi spoke to the Board supporting Mr. Heck and confirming Mr. Heck’s presentation.
Steven Staley, 615 South Pearl Street, stood before the Board to state why he is firmly against the proposed project. Mr. Staley stated that the project will go directly outside of his window, as he is across the street from the site, and will ruin the wildlife, low traffic, peace and quiet, nature, and atmosphere. Mr. Staley also showed concern about chemical contamination, as the site was previously a City sanitary landfill and that if the land is disturbed, it will affect the Vermillion River as well as the neighboring properties. Mr. Staley also showed concern about water run off when the ground is raised 2 feet. Any flooding will go onto his property and deeper into the City. On May 3rd, 2023, Mr. Staley appeared in the Zoning office inquiring about a quonset hut, which is against Pontiac Zoning Codes due to appearance, and Mr. Staley questioned why a Solar Farm is acceptable whereas a quonset hut is not. Mr. Staley then showed concern about water fowl confusing the solar panels to be water, flying into them and effectively dying as a result. He stated deer migrate to this site as a safe spot during hunting season, and that people from all over town come to this area to be in nature without having to go out of town. Finally, Mr. Staley proposed that any upcoming solar farms should be added to any already constructed solar farms, and that the City of Pontiac should add Solar Farms to a ballot so that the residents can correctly be heard.
Chad Chahbazi rebutted Mr. Staley’s concerns and stated that Illinois Department of Natural Resources has already approved the site for such project. Mr. Chahbazi stated that the site will have a meadowed habitat for wildlife and that the only traffic will be during any building as well as twice a year maintenance. Mr. Heck then stated that topography will be unchanged and that the project will only be grade level. Mr. Heck stated that the solar panels will provide shade to any wildlife and in the event of a flood, the water will run through the panels rather than on top of them.
Connie and Ole Homme, 718 East Payson Street, stood before the Board in support of Mr. Staley, adding that they were also unable to expand in a floodway. Mr. Homme showed concern about underground debris being pushed into the river.
Mike Horning, 700 S. Pearl, also stood before the Board in support of Mr. Staley.
Tim Lewis questioned if any core samplings have yet taken place, and Mr. Chahbazi stated that core samplings are taken as the project gets further along in the process. With little discussion between the Board and audience members, Tim Fogarty made a motion to deny the variance and special use permit, and with a second from Rick Baier and a 6-1 vote, the motion was denied.
Tim Lewis motioned to adjourn the meeting and with a second from Matt Stock and a unanimous yes vote, the meeting adjourned at 6:00 P.M.
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