County says 'no' to solar panel farms

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The prospect of an 800-acre solar panel farm, like one in Louisa County, got a frigid reception from Scott County planning and zoning commissioners.

After hearing planning director Tim Huey suggest regulatory alternatives, commissioners had no enthusiasm to move forward.

“Personally, I say no,” commission chairman Carolyn Scheibe said. “Our comp plan says our first and foremost thing is agriculture preservation. I don’t believe solar panels give us ag preservation.”

Scheibe said she’s seen the Louisa County panel field near Wapello and wants none of it in Scott County.

“They stripped the land of the top soil. They have gravel roads. My thinking is if you have to put it back in production 50 years from now … I’m not sure how well that will go.”

Huey addressed solar panel regulations at the commission’s request. Commissioner Joan Maxwell said a family member who owns property in Scott County had been approached about a solar panel project.

Huey reviewed Louisa and Linn counties’ solar regulations and projects. Both counties allow large solar projects through special or conditional use permits, considered by appointed commissioners.

Huey said Linn County is considering a special zoning designation that would require supervisors’ approval.

For Scott County, Huey pitched a floating overlay district that would allow supervisors to set criteria for solar or wind energy development. He likened the district to a floating agriculture overlay district, that allows ag-related businesses on land zoned for farming, but not business.

The commissioners assessed Huey’s approach, but most concluded no action was needed now.

“I say no. Taking 1,500 acres out of prime farm land; is that what this county is about?” commissioner Easton Armstrong said. “What’s the difference with this and putting up an 800-acre building?”

Commissioner Kurt Steward backed him up. “Up front, I think it’s a good thing, as far as for the environment. But long term, I don’t see where it’s benefiting us in terms of life expectancy on systems. What’s going to happen in 20 to 30 years on that property?”

Commissioner Lori Rochau said she needed to learn more. “My gut is I don’t think I want solar farms in Scott County. There’s still a lot of information to gather, but if you’re looking for my initial reaction, right now, I’m not feeling that’s a direction I’d like to go.”

Commissioner Steve Piatek said he’s open to more information. “Yes, I would like to see solar panels available for zoning in the county. Yes, you could conceivably take 100 CSR ground out of production. But it strikes me as a way to still produce something out of the ground.”

Huey said no panel farm projects are before the county. Alliant Energy representatives joined the online meeting. The company shared development and decommissioning details it has used for solar panel farms in Wisconsin and elsewhere. Their memo to the commission expressed a general interest in pursuing more solar panel farms.

“As part of this process, the company is continually studying potential projects and working with landowners to develop long-term partnerships, and this includes in Scott County,” Alliant strategic project manager Justin Foss wrote Jan. 19.

Central Iowa Power Cooperative is the sole customer for Wapello Solar, Iowa’s largest panel farm. Solar Power World reported the project will power 21,000 homes and generated $5.2 million in tax revenue.

Maxwell said she expects more interest in smaller projects to power farms, and Huey said the county has seen plenty of activity.

County code sets setbacks and other regulations on home or business solar panels.

“We’ve had 50 applications for solar panels. That doesn’t include agricultural exemptions, because for us, they don’t need a permit.”

County sets rules for rural subdivision roads

Scott County supervisors soon will consider updating the county’s subdivision code to spell out what a judge upheld last year: No more rural subdivision roads will be maintained by the county.

The county’s planning and zoning commissioners on Jan. 20 approved a draft of rules that will govern residential development outside of city limits.

The commissioners considered omitting the new practice, leaving supervisors open to offer the option. But all supported making road maintenance clear in the county code.

“Leaving it open means if we approve one in the future, people say, why approve one? I think I’d rather close the door. If we get a new commission that wants to take roads back in, we could easily amend the ordinance again on that one single point,” commissioner member Steve Piatek said.

County planner Tim Huey and county engineer Angie Kersten welcomed the changes. They include:

• Digital submission of plats;

• Requiring a 4/5ths supervisor majority to overturn a planning commission recommendation;

• Allowing erosion management plans to be submitted after, not before, preliminary plat approval. This change also reflects the Scott County Soil Conservation District no longer will review erosion plans, as currently required by ordinance. The new rules require an Iowa DNR grading permit.

Require all developers to waive any claims to agricultural nuisances.

The new rules also include road and drainage specifications developers must meet, and makes clear that homeowners’ associations are responsible for maintenance.

This provision excludes the remaining lots in Park View, which continue to receive street services from the county.

Park View area rezoning advances

Alan and Erin Rubach cleared their first rezoning hurdle to build their own home on 72 acres near Park View.

Scott County’s planning and zone commissioners agreed to residential zoning for the wooded and farmed property near Erin’s family home.

The Rubachs said they have no development plans now, and sought the full rezoning before they selected a home site.

Most commissioners agreed the site met all criteria for residential zoning, and had been identified for homes on the county’s long-term land use plan, updated in 2018.

Their approval followed discussion of commissioner Joan Maxwell’s concerns about further residential development in the county.

She voted against a similar residential rezoning of farmed land near West Lake, and again cautioned against more roof tops, and septic systems in the rural county.

“It meets the criteria, but my concern again is city services. This basically becomes a municipality. It pushes out the issues we have with Park View even more,” said.

Maxwell asked if the rezoning might be limited to just a single home site.

Huey advised commissioners to stick with the land-use plan.

“I’m not a lawyer, but I think you’re on weak legal grounds when you say it meets all our criteria, but I’m still denying approval. I think that meets the definition of arbitrary,” Huey said.

Commission chairman Carolyn Scheibe agreed. “I think that hit the nail on the head pretty well. I think a lot of times we have to go with what we don’t always agree with.”

The commissioners’ recommendation sends the rezoning to county supervisors. If they approve, the Rubachs may proceed with plats that also require commission and supervisor approval.

Commission retains chairman Schiebe

The board reappointed Carolyn Scheibe as chairman, and supported Steve Piatek as vice chairman.

Scott County Planning & Zoning Commission, Carolyn Scheibe, Tim Huey, Joan Maxwell, Easton Armstrong, Kurt Steward, Lori Rochau, Steve Piatek, Alliant Energy, Justin Foss, Central Iowa Power Cooperative, Scott County Board of Supervisors, Angie Kersten, Scott County Soil Conservation District, Alan Rubach, Erin Rubach, West Lake

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