Solar zoning decision postponed

The solar overlay section reads, “This section establishes special land use and development requirements for Solar Energy Collection Systems. Specifically, it creates a supplemental overlay zone that lies on top of an existing zoning district and is intended to add additional design standards and restrictions beyond those of the underlying zoning district. The purpose of this district is to protect the public interests related to solar energy collection at a large scale. It may cover parts of several zones or only a portion of a single zone. The overlay district does not regulate small scale, private solar panels used for private, on-site energy production and consumption.”

Included in the amendment was a formula change for additional setbacks. It came before the commissioners with a favorable recommendation from the Whitley County Plan Commission.

Commissioner Chad Banks said he struggled with the formula amendment.

“I think we owe it to our constituents to protect them as far as the distance the panels can be from their structure, and I like setbacks from property lines. It would be nice to study this formula a little more and see how it might impact resident’s property.”

Commissioners voted to table the decision until its next meeting. Following that discussion, commissioners voiced their thoughts after receiving multiple calls and emails regarding a potential solar farm project looking to come to Whitley County.

“Three weeks ago tonight I received a text message asking simply, ‘do you know about the solar farm?’ I replied I did not, and the sender sent me a map of the proposed project in the area surrounding the intersection of Mowery and Kyler roads. The next day I started to get more messages and questions, and it has been non-stop since,” began Commissioner Rob Schuman.”I sought to educate myself. I read articles, watched videos, asked lots of questions and attended meetings. The number one thing I learned from my research is there is a tremendous need for all in the community to continue to educate ourselves. It is my belief that everything seems to be happening too fast, which is concerning.”

Schuman made a motion to ask the plan commission to approve a moratorium on solar zoning land use for one year for commercial operations.

“There’s much we don’t know yet about this technology. For instance, we don’t know what the long-term effects projects like this could have on our land, our community or our environment,” he said. “I feel it is in the best interest of Whitley County and its citizens to pause and give ourselves the opportunity to dig deeper and consider what projects like this entail.”

The motion was seconded by Commissioner Theresa Baysinger, who said, “I think it’s really telling to see you all here... I’ve gotten more emails and phone calls on this than I ever have before on any other issue. I hear you and I agree we should have a moratorium.”

It was unanimously approved. What this means is the moratorium will be directed to the Plan Commission on March 15, who will vote on the matter. That decision will then return to the commissioners.

The proposed solar project is being presented by Leeward Renewable Energy. Its headquarters is in Dallas, TX, and the company owns and operates 22 renewable energy sites, the closest to Indiana being in Madison County, Ohio, according to the company website (leewardenergy.com).

Leeward has filed the paperwork to take initial steps, this being rezoning to apply the solar overlay to the proposed site. The request will first appear during the March 15 meeting of the Plan Commission, where a public hearing will be conducted before a vote. The meeting will take place at 7 p.m. in the Whitley County Government Center. If action is taken by the plan commission, it will appear before the commissioners for final approval.

It was made clear that since the current rezoning request for solar was submitted prior to the call for a moratorium, its rezoning request will still come before the plan commission March 15 for consideration.

“The Leeward project filed prior to the enactment of the moratorium. That project still can move forward. Under state law they are given two years under the code in which they filed. So that will progress forward basically in parallel with the moratorium... without the possibility, if the moratorium is enacted, of another project coming in and losing focus,” explained Planning and Building Director Nathan Bilger.

“It’s going to go to the plan commission. They are going to give us a recommendation on the project everyone is here for, and we have the final say (as commissioners),” added Commissioner Baysinger.