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220111 PZ Full packet
CITY OF GALESBURG Community Development Department Memo Operating Under Council – Manager Government Since 1957 ____________________________________________________________________________ Page 1 of 1 ___________________________________________________________________________________________________________________________________________________________________________________________ TO: Planning and Zoning Commission Members FROM: Steve Gugliotta, AICP, Director of Community Development DATE: January 3, 2022 SUBJECT: Planning and Zoning Commission Meeting A meeting of the Galesburg Planning and Zoning Commission has been scheduled for Tuesday, January 11, 2022 at 5:30 p.m. in the City Council Chambers of the Galesburg City Hall. Members of the public who would prefer to view the Planning & Zoning Commission meetings remotely, can view the meetings on Comcast channel 7 or stream the meeting live on the City’s website. A G E N D A Approve Minutes of the October 19, 2021 meeting Update Past Planning and Zoning Commission items. Receive General citizen comments. PZ-22-0101 Public Hearing Variances of setback, fence height and variance duration for Blackberry Solar, LLC, located in the 1400 block of South Farnham Street, PIN 99-24-151-003. COMMISSION MEMBERS: PLEASE NOTIFY ME IF YOU ARE UNABLE TO ATTEND AT 345-3619. cc: Mayor Alderpersons (7) City Manager City Attorney/Administrative Services Director Fire Chief Deputy City Clerk Director of Public Works City Engineer Information Systems Supervisor Executive Secretary Construction Inspectors (3) File Copy Buildings & Grounds News Media (7) Page 1 of 2 MINUTES PLANNING AND ZONING COMMISSION MEETING COUNCIL CHAMBERS OF GALESBURG CITY HALL Tuesday, October 19, 2021 at 5:30 p.m. MEMBERS PRESENT: Bill Johnson, Steve McKelvie, Neil Thomas, David Uhlmann 4. MEMBERS ABSENT: Mark Lee, 1. OTHERS PRESENT: Stephen Gugliotta AICP-Director of Community Development and Wayne Carl-Director of Public Works. Chairman declared quorum present. Approve Minutes of the September 21, 2021 meeting Member McKelvie moved to approve the minutes, seconded by Member Thomas. Minutes were approved by voice vote. Update Past Planning and Zoning Commission items • Zoning map amendment to go from I, Institutional to B1, Neighborhood Business for proposed indoor climate controlled Storage (mini-self service), located at 387 E Grove St.. The City Council approved the amendment at their October 18th meeting. • Special Use request to allow indoor climate controlled Storage (mini-self service), located at 387 E Grove St. The P&Z Commission approved the Special Use contingent upon City Council approving the zoning amendment. The City Council approved the zoning amendment at their October 4th meeting. • Change of non-conforming use application to change from a Rental of Equipment or Supplies use to a Contractor’s Office and Storage, located at 148 W Simmons St. The P&Z Commission approved the Special Use and the contractor plans on moving in to the facility over the next few months. • Ordinance amendment to allow Community Gardening in the I, Institutional zoning district. The City Council approved the ordinance amendment at their October 18th meeting. • Variance of parking spaces for a property located at 2590 N Seminary St. The P&Z Commission approved the parking variance and construction plans for the addition have been submitted and reviewed. • Special Use request to allow a bar, located at 1611 Grand Ave. The P&Z Commission approved the Special Use. The city is awaiting construction drawings for review and to issue permits for the renovations. Receive Citizen Comment None Received. PZ-21-1001 Public Hearing Zoning map amendment to go from I, Institutional to B2, General Business, located at a portion of a property located west of 876 W Main St. The petitioner was the city of Galesburg. Page 2 of 2 The Commission members considered the following items: • The proposed amendment will allow development that is compatible with existing uses and zoning of nearby property; • The city and other service providers will be able to provide adequate public facilities and services to the subject property, while maintaining adequate levels of service to existing development; • The subject property is suitable for the proposed zoning classification. • The Development Review Committee reviewed the proposed zoning amendment at their September 1, 2021 meeting and recommend approval. Member McKelvie moved, seconded by Member Thomas to recommend approval of the zoning amendment. Roll Call #1 Ayes: Johnson, McKelvie, Thomas, Uhlmann, 4. Nays: None. Abstentions: None. Chairperson declared the motion approved. PZ-21-1002 Public Hearing Ordinance amendment to add a definition and provisions for Residential Gardens. Member Thomas moved, seconded by Member Uhlmann to recommend approval of the ordinance amendment. Roll Call #2 Ayes: Johnson, McKelvie, Thomas, Uhlmann, 4. Nays: None. Abstentions: None. Chairperson declared the motion approved. The Commission members considered the following items: • The proposed amendment is an improvement to current provisions; • The Development Review Committee reviewed the proposed zoning amendment at their October 6, 2021 meeting and recommend approval on a vote of 6 Ayes and 1 Nay. There being no further business, the meeting adjourned at 5:43 p.m. ________________________ Steve Gugliotta, AICP CITY OF GALESBURG Community Development Memo Operating Under Council – Manager Government Since 1957 Prepared by Gugs Page 1 of 1 ___________________________________________________________________________________________________________________________________________________________________________________________ Planning and Zoning Commission January 11, 2022 AGENDA ITEM: PZ-22-00101 Variance of setback, fence height and time limitation for a property located in the 1400 block of S Farnham St. Property identification number are 95-24-151-003. SUMMARY RECOMMENDATION: The Development Review Committee members reviewed the variance request at their December 29, 2021 meeting and recommended approval. BACKGROUND: Attached for the Commission’s review are variance requests received from Blackberry Solar, LLC for a proposed 50Mwac utility-scale solar project, located in the 1400 block of South Farnham Street, PIN 99- 24-151-003. The applicant has done a thorough job of explaining the project in their application package. The majority of the project will be located on property in the County, only PIN 99-24-151-003 is within the geographic boundaries of the city of Galesburg. Setback variance The property is within the AG, Agricultural district, which requires a 75 foot front yard setback and a 50 foot side and rear yard setback. Section 152.019 (B) (1) of the Galesburg Code of Ordinances does provide for the ability to request a variance of up to 30% of the required setback. In this situation, they are requesting a variance of the side (south) yard setback from 50 feet to 35 feet (a 30% reduction) and a variance of the rear (east) yard setback from 50 feet to 35 feet (a 30% reduction). Zoning Land Use North AG - Agriculture Agriculture West RR – Rural Residential (County zoning) Agriculture East RR – Rural Residential (County zoning) Agriculture South RR – Rural Residential (County zoning) Agriculture Fence height variance Section 152.033 of the Galesburg Code of Ordinances requires fencing in the required front yard to be at a maximum height of 4 feet and fencing behind the front yard can be no higher than 8 feet. In this situation, they are requesting the proposed fencing that would be within the required front yard setback to be increased from the allowable 4 feet to 7 feet. Variance duration variance Section 152.019 (D) has time limitations that apply to variances. Project activity or a construction permit application, whichever is applicable to the situation, must commence within 3 months from the date a variance is granted. In this situation, the project requires an interconnection study between the applicant and Ameren, which will take some time to complete. They are requesting a variance of the time limitation from 3 months to December 31, 2023. Supporting Documents: 1. Aerial – General location 2. Variance application cc: File Copy ChamberlainSt E5thSt SFarnhamStMcMastersAve NewcomerDr SFarnhamStMcMastersAve Newcomer Dr 150 LOMBARD STS FARNHAM STEAST AVE NEWCOMER DRMICHIGANAVE WISCO N SI N AVE BAIRD AVEOHIO AVELOCUST STMCMASTERS AVE E FIFTH ST £¤150 0923200008 0923400001 0923400002 0924126004 2500 GRAND AVE 0924151004 0924176001 0924251001 0924300001 0924400005 09 2 4 5 0 2 0 0 1 09 2 4 5 0 2 0 0 299134530022356 GRANDAVE9914454014 99144770011319 EFIFTH ST9914477011 1487 E FIFTH ST 9924101010 9924102005 9924102007 1247 S FARNHAM ST 9924151003 9924151005 992420201009 1 3 5 0 2 0 0 1 0923200008 BLACKBERRY SOLAR, LLC/LESSEE 0923400002 PEDERCINI JOAN FRANCES TRUSTEE 0924126004 2500 GRAND AVE JH HOLDINGS INC 2825 PARKWAY CT GALESBURG IL 61401 0924151004 BLACKBERRY SOLAR, LLC/LESSEE 0924176001 BLACKBERRY SOLAR, LLC/LESSEE 0924251001 TOMLINSON CHAS W III 0924300001 BLACKBERRY SOLAR, LLC/LESSEE 09 2 4 5 0 2 0 0 1 09 2 4 5 0 2 0 0 2 99 1 4 5 0 2 0 1 7 9924102005 INNESS LISA K TRUSTEE 9924102007 1247 S FARNHAM ST FAITH BAPTIST CHURCH 9924151003 BLACKBERRY SOLAR, LLC/LESSEE 9924151005 INNESS LISA K TRUSTEE ÀI ÀI ÀAG ÀM-2 ÀB-2ÀM-1 ÀI ÀR-3A ÀI ÀB-2 ÀM-1 ÀR-1B ÀR-1B Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community December 15, 2021 / Cadastral City of Galesburg 1400 blk S Seminary St 400 0 400 800 1,200200 Feet Variances of setback, fence height & variance duration Community Development Department CITY OF GALESBURG Operating Under Council-Manager Government Since 1957 Blackberry Solar, LLC 50 MWac Solar Project Galesburg Setback, Fencing, and Duration Variance Application Submitted December 14, 2022 2 EXECUTIVE SUMMARY Blackberry Solar Blackberry Solar, LLC is developing a 50 MWac utility-scale solar project on an approximately 380-acre area of agricultural land located in Knox County, Illinois. The Blackberry Solar, LLC solar project (the “Solar Project”) will be located on 6 parcels, one of which—parcel 99-24-151- 003—is located within the jurisdiction of the City of Galesburg (“Project Parcel”). All other parcels comprising the Solar Project are located within the jurisdiction of Knox County (09-24- 176-001, 09-24-151-004, 09-24-300-001, 09-23-200-008 and parcel 09-24-400-005). Blackberry Solar, LLC (the “Applicant”) is a limited liability company indirectly owned by Trajectory Energy Partners, LLC (“Trajectory”). The Solar Project is described in more detail on the Site Plan set forth in the attached Exhibit B. The Applicant is submitting this application for a setback, fencing, permit duration variance pursuant to Section 152.019 of the Development Ordinance of the City of Galesburg, Illinois. Once installed and commissioned, the Solar Project will require periodic maintenance. The performance of the Solar Project will be continuously monitored, and engineers and maintenance technicians will visit the Solar Project a few times a year for routine maintenance and any required repairs. Post-construction, the Solar Project will generate minimal traffic, solely in connection with this ongoing operations and maintenance. About Trajectory Energy Partners, LLC Blackberry Solar, LLC is a wholly owned indirect subsidiary of Trajectory Energy Partners, LLC. Trajectory Energy Partners, LLC brings together communities, organizations, and land owners to develop clean energy projects that are integrated into the local landscape and community. 3 CONTENTS I. SUMMARY OF APPLICATION ................................................................................................................ 4 II. SETBACK VARIANCE .............................................................................................................................. 4 III. FENCING VARIANCE .............................................................................................................................. 5 IV. PERMIT DURATION VARIANCE ............................................................................................................. 5 V. STANDARDS FOR GRANTING VARIANCES ............................................................................................. 5 Exhibit A: Variance Application Form Exhibit B: Site Plan Exhibit C: Landowner Acknowledgment Letter 4 I. SUMMARY OF APPLICATION Blackberry Solar, LLC is applying for setback, fencing, and permit duration variances on the Project Parcel to allow for the development, construction, and operation of a 50 MWac commercial solar project on the Project Parcel and adjacent parcels. The Project Parcel is located in the AG District of the City of Galesburg (“City”). The Applicant is submitting this variance application pursuant to Section 152.019 of the Development Ordinance of the City of Galesburg, Illinois (“Development Ordinance”). 1. Setback Variance. Pursuant to Section 152.019(B)(1) of the Development Ordinance, Applicant requests variances from the AG District setback requirements for the east and south parcel lines of the Project Parcel. 2. Fencing Variance. Pursuant to Section 152.019(B)(8) of the Development Ordinance, Applicant requests variances from the fencing requirements for west and north borders of the Solar Project on the Project Parcel. 3. Permit Duration Variance. Applicant requests a variance from the permit duration limitations of Development Ordinance Section 152.019(D). II. SETBACK VARIANCE Setback requirements for parcels in the City’s AG District are as follows: • Front yard not less than 75 feet; • Side yard not less than 50 feet; and • Rear yard not less than 50 feet. See Section 152.065 of the Development Ordinance. Pursuant to Section 152.019(B)(1) of the Development Ordinance, the Applicant requests a maximum setback variance of 30% of the above-listed requirements for the following: • Side yard (south side of the Project Parcel), reducing the 50-foot setback requirement to 35 feet (a 30% reduction); and • Rear yard (east side of the Project Parcel), reducing the 50-foot setback requirement to 35 feet (a 30% reduction). 5 These setback variances would provide for a larger solar panel array area on the Project Parcel, thus reducing the setback between the solar panels on the Project Parcel and those on the adjoining parcels to the east and south. III. FENCING VARIANCE Fencing requirements for the Project Parcel are set forth in Section 152.033 of the Development Ordinance. Pursuant to Section 152.019(B)(8) of the Development Ordinance, the Applicant requests a variance on the fence height limit of four (4) feet that applies to the front yard of the Project Parcel, thereby allowing the Applicant to install a 7-foot chain length fence around the perimeter of the Solar Project (including the applicable west and north property lines of the Project Parcel). These fencing variances are necessary for the Solar Project to comply with National Electric Code requirements on fencing. IV. PERMIT DURATION VARIANCE The Applicant entered into a Combined Interconnection Study Agreement with Ameren Illinois to assess the feasibility and impact of interconnecting the Solar Project to Ameren’s electric distribution system. The Point of Interconnection (“POI”) is expected to be located on the existing Ameren- owned 69kV utility line north of the Project Parcels as depicted on Exhibit B. The interconnection process with Ameren Illinois presents timing uncertainties with respect to the development of the Solar Project. As such, the Applicant will not be able to move forward with constructing the Solar Project until it has received the required agreements and approvals from Ameren Illinois and until weather and ground conditions are favorable for installation. For this reason, the Applicant requests a variance from the permit duration limitations of Development Ordinance Section 152.019(D). If granted, Applicant requests that the setback and fencing variance permit expire no sooner than December 31, 2023, provided that the Applicant may petition the City for an extension of the permit for good cause shown. V. STANDARDS FOR GRANTING VARIANCES According to Section 152.019(C) of the Development Ordinance, the City’s standards for granting variances are as follows: 6 (a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. The Applicant would be unable to develop and finance the proposed Solar Project on the Project Parcel without the variances requested above. (b) The situation of the owner is due to unique physical circumstances of the property. Solar energy systems are by their nature a unique circumstance with respect to the structure’s relationship to the property. Without the requested variance, the Applicant would not be able to construct the Solar Project, and the Landowners would not be able to lease their land to the Applicant. (c) The variance, if granted, will not alter the essential character of the neighborhood. The Solar Project will comply with all other applicable requirements of the Development Ordinance meant to preserve the essential character of the locality. Solar energy systems are consistent with the essential character of the locality, as described above and as depicted on the Site Plan included on Exhibit B. Section 152.019(C)(2) establishes supplemental standards to guide the City on granting variances “whenever there are practical difficulties or particular hardships”: (a) The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. The Applicant would be unable to develop and finance the proposed Solar Project on the Project Parcel without the requested variances. (b) The conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification. The variances are requested on the specific Project Parcel because the Project Parcel is particularly well suited to the placement of a large-scale solar project in the City and in Knox County, given the local topography, ability to interconnect to the electrical grid, road access, surrounding uses, and the alternative productive uses of the land. (c) The purpose of the variance is not based exclusively upon a desire to make more money out of the property. In addition to the rental income to the Landowners, the development of the Solar Project on the Project Parcel will bring benefits to the local community, including increased tax revenue, 7 economic benefits from construction and operation, and clean energy that will avoid the pollution associated with other forms of power generation. (d) The alleged difficulty or hardship has not been created by any person presently having an interest in the property; The difficulty or hardship has not been created by any person presently having an interest in the property. (e) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and The granting of the variances and the construction of the Solar Project would not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The Solar Project will be constructed with solar panels and other electrical equipment with long-term warranties and very low expected rates of replacement, and the components of the Solar Project will comply with the current edition of the National Electric Code and will be UL listed or meet a comparable safety standard. The Solar Project will be designed to integrate into the local landscape. Where feasible, the Applicant will prioritize pollinator-friendly landscaping, vegetation maintenance that limits runoff, and other management practices that are in keeping with the community, adjacent uses, and the local ecosystem. (f) That the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood. As discussed herein, the proposed variances will not impair an adequate supply of light and air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood. EXHIBIT A Variance Application Form City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3619 Updated December 2020 Page 5 of 6 VARIANCE APPLICATION PETITION/DEVELOPMENT NAME (if applicable): PETITIONER INFORMATION: Primary contact name Mailing address City, State, Zip Phone Fax Email OTHER APPLICANTS AND INTERESTED PARTIES: Relationship Name Company Mailing Address Phone # Applicant Owner(s) Developer(s) Engineer Surveyor Agent/Attorney SITE INFORMATION: Acres Site address or location Property Identification Number (PIN) WHAT SPECIFIC ORDINANCE SECTION(S) ARE YOU REQUESTING A VARIANCE: ZONING INFORMATION: Current Zoning Existing Land Use EXPLAIN THE REASON FOR THE VARIANCE REQUEST: Description why the applicant is not able to comply with the code requirement. Blackberry Solar, LLC Jonathan Carson P.O. Box 310 Highland Park, IL 60035 (312)-882-3713 legal@trajectoryenergy.com 99-24-151-003 15.38 (approximate) Setback variance (Section 152.065 of the Development Ordinance); fencing variance (Section 152.033 of the Development Ordinance); permit duration variance (Section 152.019(D)) AG District Agriculture See attached variance application. City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3619 Updated December 2020 Page 6 of 6 I hereby affirm that I have full legal capacity to authorize the filing of this Petition and that all information and exhibits herewith submitted are true and correct to the best of my knowledge. The Authorized Signer invites City representatives to make all reasonable inspections, investigations and pictures of the subject property during the processing period of the application. I agree to pay all fees consistent with the City payment policies and comply with City codes. I understand these fees will include publication and processing expenses and are non-refundable. I understand that all correspondence from the City staff will be directed to the Primary Contact. It will be the Primar\ Contact¶s responsibilit\ to inform all other interested parties of an\ correspondence and the status of the application. Signature of owner or authorized agent Date CHECKLIST OF REQUIRED VARIANCE APPLICATION ITEMS: One original completed variance application form. Payment of a $75 non-refundable filing fee. Checks shoXld be made pa\able to ³Cit\ of GalesbXrg´. Fifteen (15) copies of the site plan addressing all required items as listed in subsection 152.134 C of the Development Ordinance. In general, subsection 152.134 C seeks to preserve existing trees, minimize cut and fill, avoid unnecessary impervious cover, prevent flooding and pollution, provide adequate access to lots and sites and mitigate adverse effects of shadow, noise, odor, traffic, drainage and utilities on neighboring properties. Authorized Signature Acknowledgement. If the owner(s) of the property in question will not be the primary contact or is not the applicant, then an acknowledgement must be signed by the property owner(s) designating an authorized agent for the petition. It shall state the authorized agent has the authority to deal with the property in all aspects with regards to the petition. Attachments such as building layouts or elevations, etc. depicting compliance with the standards for granting variances are recommended in order to provide accurate and sufficient information for consideration by the Development Review Committee and Planning and Zoning Commission. The petitioner(s) or authorized agent must be present at the Planning and Zoning Commission meeting to address any questions that may arise. December 14, 2021 EXHIBIT B Site Plan Maxar, Microsoft 0 250 500125 US Feet A-1 Revision: 12-01-2021 Date: Knox, IL Project County: 40.9282°N, 90.3391°W Facility Location: Blackberry Solar Project Name: 20' PL to System Setback (Knox County) 20' PL to System Setback (Knox County) 50' PL to System Setback (Knox County) 500' PL to System Setback (Knox County) 500' PL to System Setback (Knox County) 500' Residence to System Setback (Knox County) 30' PL to System Setback (Knox County) 20' PL to System Setback (Knox County) 30' PL to System Setback (Knox County) 20' PL to System Setback (Knox County) 50' PL to System Setback (Knox County) 50' PL to System Setback (Knox County) 50' PL to System Setback (Knox County) 20' PL to System Setback (Knox County) 20' PL to System Setback (Knox County) 75' PL to System Setback (City of Galesburg) 35' PL to System Setback (VAR City of Galesburg) 35' PL to System Setback (VAR City of Galesburg) 50' PL to System Setback (City of Galesburg) EXHIBIT C Landowner Acknowledgment Letter City of Galesburg, Illinois Community Development Department 55 West Tompkins Street Galesburg, Illinois 61401 Steven M. Swanson 326 E First Slreel Hinsdale, IL 60521 (630) 370-0102 ste vcs wnnsonJ..,6 'ii'gmail,com Re : la11dow11er Ac/a,ow/edgemelll and A111horizatio11 of Blackberry Solar, LLC",· Variance Requests Related to Parcel 99-24-15 /-003 Dear City of Galesburg Community Development Department, As the trustee of the owner of parcel 99-24-151-003 in the City of Galesburg, Illinois ("Project Parcel ,,), I authorize Blackberry Solar, LLC to submil a variance application on the setback , fencing , and pennit duration requirements for the development , construction , and operation of a commercial solar energy project on the Project Parcel. Swanson Fam ily Fam1 Land Trust dated November 29, 2012 By: ~ -J4_ ff¼'~f'~ Name: Steven M. Swanson Title: Trus tee Date: / ,J -I .l · 2 tJ J ( Sincerely, Steven M. Swanson