Meeting Place: Fulton County Farm Bureau, 15411 IL Hwy 100, Lewistown, IL 61542
Time: 5:02pm
Date: September 17th, 2024
1. Call To Order
Meeting called to order at 5:02pm by Chairman Phillips
2. Roll Call
Bob Ackerman – Present Sally Jo Clark – Present Cathy Eathington – Present
Mat Fletcher – Absent Jason Myetich – Present Bill Phillips – Present
Damon Roberson – Absent
Fulton County Board Members: None
Elected & Appointed Officials: Julie Russell, Supervisor of Assessments & Zoning, Kim Mayberry, Zoning Enforcement Officer
Guest(s): Kyle Berry, Attorney (Pleasantville Solar Park LLC), Sabrina Fleischman (Project Manager Pleasantville Solar Park LLC), Erin Bowen, Rob Anders, Cal Carlson, Tom Huddleston (Huddleston & McBride Drainage Company)
3. Call for Additions/Deletions to and Approval of Agenda – No Change
Motion to Approve: Eathington
Second: Clark
VOICE VOTE: All Ayes – Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher –Absent Jason Myetich – Yes Bill Phillips – Yes
Damon Roberson – Absent
4. Approval of Previous Minutes – None
5. Public Remarks – None
6. New Business
a. Discussion/Action: Second Public Hearing for Conditional Use Permit for Pleasantville Solar Park, LLC.
*For content of discussion, public testimony and testimony by parties representing the applicant, please see attached “Exhibit A: September 17th, 2024 Audio Recording Transcribed by Melissa Eicken”.
Chairman Phillips suggested to approve the Finding of Facts and Conditions to the Conditional Use Permit for Pleasantville Solar Park, LLC.
Motion to Grant the Conditional Use Permit: Ackerman
Second: Clark
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher – Absent Jason Myetich – Yes Bill Phillips – Yes
Damon Roberson – Absent
b. Discussion/Action: Public Hearing For A Conditional Use Permit To Operate An Electrical Power Substation And A Request For A Variance Of Section 9.A.2 Of The Fulton County Zoning Ordinance To Permit Substation Structures To Exceed The Height Limits Established In Section 9. Parcel #07-06-16-200-001 (pt.)
Chairman Phillips started the second hearing for the evening. He asked if there was a representative present. Attorney Brandon Clark identified himself as the representative for Prairie Power and gave a brief description of the company and the property for the proposed project. He went on to explain the reason for their request of a Conditional Use Permit and a Variance for the height of the tower.
Mr. Clark stated there are a finite amount of properties that could be used for a substation based on existing transmission lines, character of the land, and willingness from an owner to sell.
Chairman Phillips invited members of the audience for comment.
Glen Knott identified himself and was sworn in by Chairman Phillips. He asked for clarification on the location of the proposed structure.
Chairman Phillips swears in Jeff Doubet.
Mr. Knott continues to explain where he thought the notice indicated the project site. Julie Russell explained the directions to the property that was given on the notice.
Mr. Clark gave his description of the location as well and shares the preliminary site plan to the audience to address the concerns of the exact location.
A question as to the timing of the project was asked. Mr. Clark stated it would be within a year, subject to the closing date on the property. Chairman Phillips closed discussion from the audience and opened it to questions from the board.
Member Eathington requested to hear about the height limit variance. Mr. Clark stated that 45ft was the maximum set by the Fulton County Ordinance. He stated that 45ft was not a sufficient height according to the engineers to serve a wide enough area. They are asking for the maximum of 80ft for one tower.
Chairman Phillips asked if these substations are noisy. Mr. Clark stated he is unaware of excessive noise but it would be subject to the county’s ordinance on noise levels and general law of nuisance prohibits excessively noisy placement of improvements near neighbor’s properties.
Chairman Phillips asked about the fence height of 6ft and the 2ft of barbwire at the top. Mr. Clark asked if the use of barbwire was permissive and confirmed the total height of the fence to be 8ft.
Member Clark asked if this was a common construction that had been done. Mr. Clark responded that they had a very similar project with pretty much the same dimensions and same general structure built across the river. It is a standardized, uniform design for the system wide upgrade through central Illinois.
Chairman Phillips asked if there have been approval of similar facilities at other locations and if any have been constructed. Mr. Clark answered yes, but he is unaware if any are fully functional at his time.
Member Myetich asked if the site of the substation would be raised for drainage and if there would be any lighting at the sight. Mr. Clark stated there would be lighting and read the lighting details from the plans. He also gave details of the site design for drainage.
Member Ackerman clarified that the tower would be 80ft high supporting power lines. He and Chairman Phillips discussed the lines and poles that are in near proximity to the project and the safety reason to have them so high.
Member Eathington asked about the lighting and how far it would shine outside the property. Mr. Clark responded that the lights can shine up to with 700 meters.
It was stated that the lights only shine on the property of the tower.
Chairman Phillips closed the testimony and listed the Finding of Facts.
1. The applicant has demonstrated control of the properties contained within the application for a Conditional Use Permit.
2. The Conditional Use Permit applied for in this hearing is for a use that is specifically listed in the AC district regulations of the Fulton County Zoning Ordinance.
3. The establishment, maintenance or operation of the Conditional Use will not be substantially detrimental to, or substantially endanger the public health, safety, morals, comfort, general welfare, or environment.
4. The Conditional Use will not substantially be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood.
5. The establishment of the Conditional Use will not substantially impede the normal and orderly development and improvement of surrounding property for uses permitted in the AC District.
6. The applicant has stated that adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.
7. The applicant has stated that adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
8. The proposed facility is not contrary to the objectives of the current comprehensive plan for Fulton County.
9. The project shall, in all other respects, comply with the regulations of the Ordinance and the Zoning District in which it is located, AC, except as such regulations may in each instance be modified pursuant to the recommendations of, and approved by, the Zoning Board of Appeals.
10. The Zoning Board of Appeals finds that there is a public necessity for the Conditional Use.
11. The lighting for the project will be boundary specific lighting, meaning lenses will be used to focus light on the property not allowing it to go off the property
12. The drainage shall be designed as to not increase the flow on to adjacent properties any more than is present now
13. Clarification – the ZBA accepts 6ft fencing with 2ft of barbwire as meeting the height restriction for the fence.
Motion to Approve the Finding of Facts: Clark
Second: Eathington
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher – Absent Jason Myetich – Yes Bill Phillips – Yes
Damon Roberson – Absent
Chairman Phillips proposed the conditions to the permit.
1. Applicant shall finalize any & all required road use agreements per the conditions of the Ordinance, prior to the issuance of a building permit.
2. The area outside of the fence for the facility, and external to any infrastructure or equipment used by the facility, may only be used by the applicant or landowner in accordance with a permissive use provided for in the AC District of the Fulton County Zoning Ordinance.
3. Applicant agrees to pay real estate taxes in accordance with 35 ILCS 200/10-745.
4. Applicant agrees to coordinate with the adjacent Fire Protection Districts and with Fulton County Emergency personnel to ensure adequate plans and systems are in place in the event a safety issue emerges. Applicant will work with Fulton County to identify “911” addresses within the project area. The plan will include providing methods for emergency security access to the site. The above will be required prior to the issuance of a building permit.
5. Applicant agrees to install lighting that stays within the property boundary for electrical illumination design so it doesn’t spill out.
6. Applicant agrees to have off site surface water flow that is not increased from existing surface water flows in the area
7. The ZBA acknowledges that 6ft high fence with 2ft addition of barbwire is in accordance with the Zoning Ordinance requirements.
Motion to Approve the Conditions of the CUP: Eathington
Second: Clark
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher – Absent Jason Myetich – Yes Bill Phillips – Yes
Damon Roberson – Absent
Motion to Approve the Conditional Use Permit: Ackerman
Second: Clark
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher – Absent Jason Myetich – Yes Bill Phillips – Yes
Damon Roberson – Absent
Motion to Approve the Variance of the Height of the Tower up to 80ft: Ackerman
Second: Myetich
RCV: Motion Passed
Bob Ackerman – Yes Sally Jo Clark – Yes Cathy Eathington – Yes
Mat Fletcher – Absent Jason Myetich – Yes Bill Phillips – Yes
Damon Roberson – Absent
7. Old Business – None
8. Other – None
9. Executive Session – None
10. Adjournment
Motion to Adjourn: Eathington
Second: Clark
All Ayes; Meeting Adjourned at 6:26 p.m.
