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Outdated zoning rules complicate solar application
McCOOK, Neb. — A consultant favors McCook updating its comprehensive plan before approving a proposed solar farm, but developers would like officials to grant special exceptions to zoning rules already in place so that materials that may take two years to arrive can be ordered.
Complicating the situation are 10-year-old local zoning regulations designed to accommodate small residential or commercial solar installations a fraction of the size of the commercial facility proposed.
Current zoning addresses 25-kilowatt or smaller rooftop or backyard solar installations, while Birch Creek Development LLC, through local wholly-owned subsidiary McCook Solar LLC, plans a 650-megawatt installation covering 551 acres of land now zoned agricultural. The current zoning primarily deals with “net metering,” which requires local utilities to buy excess power produced, but does not address large installations like Birch Creek’s proposal, where power is produced for commercial sale.
Tammie Hilker, chairing the Planning Commission in Monday’s joint meeting with the McCook City Council, expressed concerns about noise associated with the facility’s transformer, as well as potential harm to neighbors sensitive to electromagnetic fields. While exposure through televisions and cell phones is possible, those are made through personal choice, not created by neighboring installations, she said.
She also questioned whether the county would need to work more closely with the county in zoning for the project, and said while zoning indicates a one-mile separation from dwelling places, the World Health Organization recommends 1.2 miles.
Brice Barton of 39North, which is representing Birch Creek, said he understood neighbors’ concerns, saying he lived next to a wind farm in Colby, Kan., without participating in its benefits.
Speaking with both boards and two dozen members of the public, John Shepherd of Marvin Planning Consultants indicated the cleanest course would be to update the city comprehensive plan, a plan already in process. Alternately, the city could simply amend zoning, the plan favored by Birch Creek, or the applicant could work with existing zoning.
A lot of other communities have dealt with outdated zoning, Shepherd said, and when “you put together large complicated projects like this, things come up.”
“It’s not clear what zoning would be compatible” with McCook’s Future Land Use map, and those issues should be “part of a larger conversation” to be addressed in advance so city staff doesn’t have to make difficult decisions later.
And while current owners and residents may be comfortable with existing lot lines and setbacks, conflicts might arise once the land is sold, inherited or has to be financed.
Other issues of lower concern included fencing, parking, signs, glare, wildlife impact and others.
Barton said the installation would have parking for its two employees, with a handicapped parking space for visitors.
He said they in no way wanted to “short-circuit” public input and would like to see the Future Land Use and zoning exception issues dealt with in one public hearing.
Plans and financing for decommissioning the site would be in place before construction, he said, and should not be an issue because the salvage value of such sites is higher than the cost to remove them. He said he had seen sites decommissioned, but he had never seen one forced to use a surety bond to accomplish the removal.
Pressed by Planning Commission member Dale Dueland about the time required to compare the time required for a special exception as opposed to updating the comprehensive plan, officials were unable to provide a solid answer. City Manager Nate Schneider said the comprehensive plan update is already underway, with a survey having gone to the public.
No action was taken at Monday night’s dual session, which lasted about an hour and 45 minutes.
Headquartered in St. Louis, Birch Creek was formed by a group of solar-industry executives who have developed 36 utility-scale solar projects totaling 872 megawatts and is currently developing more than 8 gigawatts of solar power generation and storage projects, according to its website https://birchcreekdev.com.
Premier Energy proposes a 1,000-acre solar site farther west of McCook, outside the city’s extra-territorial jurisdiction. Red Willow County imposed and extended a moratorium on renewable energy projects pending updating of county zoning regulations.
A state website lists current and planned solar energy sites in Nebraska.