By James Middleton
The path tread from applying for governmental change
and possibly reaching enactment of that change can be
long. If anyone disbelieves this they should ask those that
have applied to add a text amendment to the Boone County
zoning code to establish a wider setback for wind turbines
from adjoining property lines. This process has moved on
more than a year and the end is still not in sight.
The end will be reached when the Boone County Board
convenes to vote to determine if that text amendment will
be added to county zoning code. One more step to that end
occurred this week in the September meeting of the Boone
County Zoning Board of Appeals (ZBA).
The focus of the ZBA meeting allowed the Belvidere/
Boone County planning department to deliver a final report
on their investigation if the text amendment should be
approved. The result of their initial investigation led the
planning staff to recommend denial of the text amendment.
The substance of their initial report had not changed after
hearing testimony in numerous meetings that was offered
by those favoring the text amendment.
The essence of the text amendment asks the county to
establish a new setback distance for wind turbines to be
erected from adjoining property owners and roadways.
The current code allows wind turbines to be erected no less
some of the specific elements of the report. She added
that staff believed that some elements of the proposed text
amendment should be revised for greater clarity. She also
said that the staff had not been persuaded by testimony that
one setback distance was really not defined as being any
better than any other setback distance.
She then entered into a brief discussion of the setback
distance of a half mile from adjoining property lines. Ms.
Miller cited a statement made by counsel representing the
proponents of the text amendment, Ms. Schilling. Ms.
Miller said, the setback distance proposed was stated by
Ms. Schilling to be, “A good starting point.” However,
Ms. Miller added, “Staff believes that this distance is in
conflict with the Comprehensive Plan and Boone County
zoning code. We need to set reasonable setbacks and the
larger setbacks would deny development of wind projects.”
With that Ms. Miller covered a couple of other points
and ended her review of the staff report. Mr. Savino then
opened the meeting for staff questions. ZBA member Joan
Krumm took the floor and endeavored to ask questions of
Ms. Miller but it was difficult for her to articulate a question
that Ms. Miller understood. Two efforts were made before
Ms. Miller could answer.
Ms. Krumm finally asked, “Why do you say it is not
necessary to protect the public health, safety and welfare.”
Ms. Miller answered, “I’m not sure I understand your
question but we want to protect the public health.”
A debate arose between Ms. Krumm and Ms. Miller in
that Ms. Krumm seemed not to understand what a scale
was in reference to a site drawing. Ms. Miller agreed that
a scale was needed for any drawings and that definitions of
terms should also be added.
With that the floor was opened for statements from
the audience and Karen Kenney, one of the applicant’s
for the text amendment took the floor. She asked if staff
was recommending that a visual rendition of a future
wind turbine project be provided and Ms. Miller that the
rendition should be available. Ms. Kenney then asked if
Ms. Miller believed that the text amendment would deny a
project to arise with the expanded setback requirement and
Ms. Miller answered, “Yes.”
Ms. Kenney then asked, in that waivers were allowed
under the proposed text amendment, why a map of a
project had not been drawn. Ms. Miller answered, “How
can you create a map without knowing who would waive
their right.” A later addition to the text amendment request
would allow for any adjoining property owner to waive
their right to require a 2,640 foot setback. However, there
has, as yet, been no formal application from any group
requesting to site a wind turbine project in Boone County
and, as yet, it is unknown if any adjoining property owner
would waive their rights.
Others that spoke included Marion Thornberry and
Julie Van Laar and they were followed by Julie Newhouse
of rural Capron. She asked Ms. Miller, “In your opinion
does state wind energy law trump the public health?”
Ms. Miller answered, “No.”
Ms. Newhouse then asked, “Should zoning code make
rules to meet state standards?”
Ms. Miller answered, “If these setbacks were approved
that would be in conflict with zoning code.”
Ms. Newhouse asked if, in Ms. Miller’s opinion, “Is a
1,000 foot setback in place to protect the public health?”
Ms. Miller replied, “I think that does need to be looked
at.”
Tower heights in Boone County and in other counties
were discussed but with no conclusion was reached.
Ms. Krumm then asked Ms. Miller which counties
she had contacted in Illinois regarding their wind turbine
zoning code. Ms. Miller said that she had called many
counties and discussed their code over the telephone.
However, she was unable to remember specifically which
counties she had called.
No other members of the audience spoke however, the
only other matter to consider was to affirm that the October
ZBA meeting would allow members of the audience to
have up to two minutes to speak and to ask questions.
Before adjournment one point it was considered asking
if text amendment proponents would be allowed to rebut
evidence that had been presented by opposing parties
without allowing them a comparable opportunity to
rebut evidence presented
by the text amendment
proponents. That question
was, however, not resolved
and could come for further
discussion in the October
ZBA meeting.
than 1,000 feet from neighboring property owners. The
text amendment requests that the distance be extended to
½ mile or 2,640 feet.
The final report of the planning department was
delivered by the interim director, Kathy Miller. Before
she delivered the report, the ZBA chairman, Tony Savino,
asked Ms. Miller of her role as interim director of the
department.
Ms. Miller said, “Our role is to review applications for
zoning changes and to look at the evidence. We weigh the
‘pros and the cons,’ we do our research and we make visits
to sites.”
Mr. Savino asked if the opinion of the department could
change and Ms. Miller said, “If the evidence presented
changes we can change our opinion.”
Ms. Miller then entered into the staff report detailing
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