Solar team evaluates next step in wake of Madison County’s special-use permit denial

By Randy Pierce • In the aftermath of the defeat by the Madison County Board of a special-use permit request concerning a proposed solar energy facility near Glen Carbon last month, the team of individuals who sought it are evaluating what to do next.

Keith Morel, project manager on behalf of a pair of limited liability corporations, the primary one being Trentino Solar of Lafayette, Louisiana, without offering any sort of confirmation regarding the pursuit of possible legal resolution in relation to this situation, said it was his understanding that when the county board moved into a closed, executive session at its May 20 meeting with the announced intent to discuss pending or possible litigation, the subject addressed then was two other solar energy proposals that had been submitted and turned down.

The county board members came out of that closed session, which was allowed per the Illinois Open Meetings Act for matters related to litigation, without taking any specific action.

“As our review continues,” Morel said, “we will work through the appropriate channels and processes available to us.”

This whole scenario began in late April when the county’s zoning board of appeals voted by a margin of 4-0, with one abstention, against recommending approval of a special-use permit that would allow for the development of a five-megawatt commercial solar energy facility at 2951 Old Troy Road in unincorporated Glen Carbon.

Subsequently to that, the county board building and zoning committee, where the request went next as required, in early May, took no action whatsoever on the Trentino request, setting the stage for it to come forward at the May 20 meeting of the full board, where it was turned down.

A group of residents living near the proposed solar energy site had made comments in opposition to the permit at both the ZBA hearing and building and zoning committee meeting along with submitting written correspondence expressing similar sentiments at the former but none of them spoke during the public comment segment at the May 20 county board meeting.

Expressing support of the Trentino project at that time, however, was Troy resident Kevin McKee, who had also shared his feelings in favor of a similar project elsewhere in the county in September of last year. 

McKee, who said he is a volunteer with the Illinois Solar Education Association, commented that there has been “a great deal of fear and misinformation about this project” then added how he believes growing communities like Glen Carbon need more energy of the type that would be provided.

Solar energy, McKee contended, “produces power when the grid needs it most and it helps reduce the strain that drives up costs for everyone. When we add local solar generation, we are adding supply at the right time at the right place.”

While those subscribing to the solar farm network may get more tangible benefit, McKee said all Ameren Illinois customers would realize something positive from this project.

He further stated solar power “is not dependent on unstable foreign energy supplies” such as natural gas and “doesn’t care about the Strait of Hormuz.”

The sole voice of opposition at the same county board meeting came from Jamie Bowden, Glen Carbon’s village administrator, who explained that Mayor Bob Marcus, who had addressed the ZBA and aforementioned board committee, was not able to attend to share his feelings.

Bowden then read a statement urging the county board to vote no on the Trentino permit and stated there has been movement in the Illinois legislature to give counties and municipalities more control regarding solar projects like this one, “Legal changes are forthcoming which would relieve this board of the solar burden.”

He further said the Village of Glen Carbon had commissioned a study which shows how a solar farm would have a negative impact on it and the county in regard to “economic growth, housing development and transportation plans” along with causing a 10% drop in property values if placed in the wrong location.

Along with also citing a Virginia Tech study showing a 4.9% property value decrease within three miles of a solar farm, Bowden said the Trentino proposal violates both the county’s Interstate 55 corridor plan and the village’s 2050 comprehensive plan. 

Morel additionally addressed the county board during the public comment portion of its meeting, saying the project “was intentionally designed to comply” with the county’s solar ordinance along with meeting all local, state and federal requirements, something which has been confirmed by county staff.

He also reiterated comments presented at previous meetings of the ZBA and board committee about how a review by the Illinois Department of Natural Resources has shown adverse impact on endangered species is unlikely while noting the project, as confirmed by “an expert witness,” would reduce stormwater runoff when compared to the existing agricultural conditions at the site.

An attorney representing the development team, Seth Uphoff, told the county board that Bowden and Marcus were not speaking as the “public body” from Glen Carbon but instead are two individuals giving “their opinions. There’s nothing that indicates they have the right or the authority to speak on behalf of the entire village.”

Uphoff additionally advocated that the project he is involved in is exempt from the aforementioned I-55 corridor plan because it says that regarding special-use permits in a county ordinance. 

The project request should be passed, Uphoff said, because it meets all of the necessary requirements as specified for approval in existing state law and that the county has in place. He alluded to an appellate court decision in Grundy County, southwest of Joliet in upstate Illinois, “very similar to this scenario that you have right here,” where the result was that the county he referenced “was wrong” in its denial decision and that the special-use permits for two similar projects had to be approved.

“I would ask you to consider the law as it is on the books,” Uphoff went on, “instead of chasing prospective, speculative legislation that hasn’t even made it out of committee” as mentioned in Bowden’s comments.

Following that law, according to Uphoff, would allow the county to support the rights of the landowner of the Old Troy Road property to realize the best use of it for the development of this project which “doesn’t have any outward impacts on the local neighbors.”