Peoria Standard

City of Chillicothe Judicial Committee met March 29.

Here are the minutes provided by the committee:

The Judicial Committee met at 4:30 P.M. on March 29, 2023, in the Council Chambers at City Hall.

Committee members present at the meeting Chairman Connor, Alderperson Braun, Alderperson Bredeman

Others Present: Attorney Day, Mayor Hughes, Office Manager Passage

Chairman Connor called the meeting to order 4:31 p.m.

Chairman Connor explained the rules for public comment stating that anyone wishing to address the committee would be allowed three minutes.

PUBLIC COMMENT

The following gave public comment:

Terry Bobell 1008 N. Manning Dr Chillicothe - stated he was in opposition of ground solar in rear yards Jim Wright 623 Elm Chillicothe -stated he was not in favor of ground mounted solar and they should be banned

Vickie Owens 909 Sixth Chillicothe - stated she was in opposition of ground mounted solar and did not object to roof mounted solar

Gary Sharp 1516 Benedict Chillicothe - stated no ground mounted solar. He is in favor of an ordinance for roof mounted.

William Webster 1608 Fieldstone Ct. Chillicothe stated he is against ground mounted will make town trashy

Ken Hatton 1417 Birren Chillicothe Stated no comment

Terry Swanson 808 Elm Chillicothe-stated he opposed ground mounted solar for residential and did not object to roof mounted solar

Joni Swanson 808 Elm Chillicothe-She stated she opposes ground mounted solar in city limits

Mark Golden 3208 Rene Ave Chillicothe- He stated supports ground solar south facing whose roofs do not support roof mounted

Ed Harker 1509 Benedict Chillicothe - Stated against ground mounted solar

Jerry Anderson - 1122 N. Manning Dr Chillicothe - Stated oppose ground mounted for residential and business

Barb O'Connor 1316 Harborway Chillicothe - Stated oppose ground mounted they are eye sore. Roof mounted are okay

Tracy Fox 15215 N Ivy Lane Rd Chillicothe - Stated she encourages an ordinance that is fair to all and to fix the ordinance that does not work.

Tim White 711 Moffitt St. Chillicothe - Stated oppose ground mounted solar as it is an eye sore.

Jim Redmond 1521 Fifth Chillicothe - Stated in favor of ground mounted solar. Have they considered the cost to take solar off the roof. Discriminatory if they say yes to roof and not ground. Chairman Connor thanked everyone for their comments.

PURPOSE

Solar - Ground Mounted - Chairman Connor gave some background of the process the committee has taken to consider ground mounted solar. An ordinance was drafted and presented to council in December, 2022, however; at that council meeting it was asked to be withdrawn and sent back to committee. She explained roof top solar is allowed and there is a moratorium on ground mounted solar. She explained that at tonight's meeting the committee will review some material and then has two options:

1. Review potential guidelines and follow process to amend zoning code

2. Stay under a moratorium as the state may mandate guidelines at a later date

Attorney Day advised that it would be best to either pass guidelines or pass an ordinance to prohibit. In either situation a public hearing will be held by the plan commission as it will change the zoning section of the city code, which requires the public hearing.

Chairman Connor stated that some of the conditions to consider are:

• Must have half acre

• Size restriction for array - foot print of house

• One array per lot

• Not allowed in front yard

• Side yard - not allowed

• Rear Yard

a. Directly behind house (define) Within foot print of house?

b. Or restrict by setbacks from property line

1. 10 feet from all property lines (how far does it have to be if there is an easement? (same as pool)

c. If house is closer than 10 feet to property line and you say directly behind house without The restriction from property line then the array will be closer to the property line.

• Array must be fenced in with a 6-foot-high solid fence

• Will the array be considered when determining if they have built over 50% of lot area?

• Height of Array at highest tilt? 15 ft? or 10 ft?

• Must have Primary structure before array can be considered

a. Same lot as principal building

• Distance from Principal building

• Decommissioned

• Storage maintenance

Office Manager Passage reviewed some actual property scenarios based on the above conditions and explained where ground mounted solar could be placed.

Attorney Day stated that he has reviewed the information office manager Passage presented, in relationship to front, side, rear yards and set backs and agrees that it agrees with the city code. Chairman Connor expressed that the conditions that have been drafted are to keep the ground mounted solar behind the residential and out of visibility from the streets as much as possible. She explained that there may be other scenarios that citizens may not want to see in our community.

Alderperson Bredeman voiced that he would recommend to prohibit as there are far too many scenarios, we should consider the aesthetic and we have heard from the citizens attending this meeting.

Alderperson Braun voiced he has a ground mount system behind him and it is barely visible. He does have a fence. He believes the requirement that the committee is considering are sufficient and it will not be bad.

Mayor Hughes believes it should go to council with the recommendation to prohibit ground mount as the citizens do not want ground mount and we are here to represent citizens.

Chairman Connor advised the committee that we the judicial committee was tasked with educating ourselves and believe we have obtained, reviewed the information and done extensive research. Technology may come and the ground mount solar may become smaller. She explained she supports roof mounted solar however; she does not like the aesthetics of the ground mounted solar. She voiced her concern regarding disposal of the ground mount once they become non-usable. She likes green space. She does support proceeding to council to prohibit ground mount in residential areas. Chairman Connor recognized Mr. Redmond and he voice his concern about the disposal of roof mounted solar as well. He also explained that Ameren dictates the amount of array panels that a homeowner can have, therefore that would dictate the size.

Motion Chairman Connor second by Alderperson Bredeman that the committee bring to the April 10 council meeting a motion to refer to the attorney to draft an ordinance to prohibit ground mounted solar.

In discussion Alderperson Braun questioned the solar panel that city has for the automated license plate reader. Motion was amended to also have the attorney add definition.

Amended motion carried via voce vote, with Alderperson Braun stating Nay.

Chairman Connor thanked all present for their input and their respect of the three-minute rule in public comment.

Motion Alderperson Braun second Alderperson Bredeman that the meeting adjourn at 5:29 p.m. Motion carried via voce vote.

https://cms9files.revize.com/chillicothe/03.29.23%20judicial.pdf