22 June 2026 Dearborn County Plan Commission Meeting Notes`

 

22 June 2026 Dearborn County Plan Commission Meeting Notes`

Present: Dennis Kraus, Jr., Chairman, Sabrina Gregory, Mark Lehman, Jake Hoog, Dan Lansing, and Jim Thatcher. 

ABSENT: Joe Vogel, Russell Beiersdorfer, and Eric Lang.

Also Present:  Nicole Daily, Planning and Zoning Director, and Andy Baudendistel, Attorney.

Baudendistel read the Title VI statement as legally required.

ACTION ON MINUTES- none

OLD BUSINESS:none

NEW BUSINESS: none

ADMINISTRATIVE Nicole Daily presented. 

— ➢ Staff will give an overview of information, comments and other items collected towards the goal of amending ordinances related to commercial solar, BESS and Data Centers. All information and comments gathered that will be presented has been collected up to June 19th, 2026.

In the PC Board packet: Article 19 as it exists today, Ch 13 of MS4 technical standards (may be changed to these) Setbacks and draft ordinances that were put out at workshop, definitions intent etc. Also surveys and survey results that are received to date. These are all here for the board to review. 

 ➢ Time for the Board to ask questions of staff of any information and comments gathered 

➢ Staff will present item standards and/or processes that have been debated through the public input over the last several months. There are several listed and it is not guaranteed that all topics will be discussed. It will be dependent on the time before a new topic is discussed. 

• ➢The Plan Commission will give its recommendations/guidance to staff on the standard of choice but it will not be an official vote of the final nature of the standard. Final votes will not be taken until the ordinances have been completely written at future meetings. 

Mark Lehman- asked about missing info on fire issues and water supplies for that. Nothing in the ordinance on that right now. 

Jim Thatcher- remember they did have that discussed.- but it is not there.

Daily said they have discussed some security and safety codes with the EMA director meetings. 

Jake Hoog asked about specialized equipment that might be needed. 

Daily said they have talked about an economic development agreement to address that.

Jake Hoog- Are there any limits on the acreages that are described for each type of Solar BESS  etc.

Sabrina Gregory- asked about screening for the developments and stormwater calculations etc. 

Daily comments on MS4 and engineer calculations.

Sabrina Gregory - said they should mention that plants suggested should be perennials.  

Daily brought up comments on overlay districts, conditional uses or special exceptions for audience comments to be opened up. 

Jillian Collins- setback standards- wants a 1500 ft setbacks for non participating  neighbors- it has been set in several counties as well as 1200 and 1000 acres. Wants an increased focus on standards around data centers. Wants a similar amount of effort for this centers. Just because the state is offering record breaking incentives for these- we should not have to follow suit. She asked if there has been an applicant for a hyper scale data center here. Kraus Jr has no knowledge of anyone applying yet. We have no ordinance data centers yet.

Constantine Komosis- wanted to discuss safety and with the hundreds of millions of dollars spent here and there are thousands of battered kids, women etc close here. My Savior says a liar is worse than a thief and challenges Linnea. He left right after that statement.

Michelle Dudley- lifelong resident. Supports 1500 ft set back and a strong noise ordinance. She read a statement from a woman in Georgia who is less than 1500 ft from a solar farm. Developers would say that pure tones, low frequency vibrations, etc. do travel further. Brooks County learned this. They County cited them for violating the noise ordinance. We banned hand held testing- require an ambient noise testing- and test the setback. Kay Howard is the woman from Georgia.

Amanda Thompson- asked when they got their packets- ( tonight) Some surveys were not working right and could not select multiple answers when that was an option. Staff has tried to fix that when told. Asked if the comments were public. Yes they will add more. Fire and EMS- Manpower has been hard to get- thinks Harrison FD is doing a fantastic job. Equipment needed is different. Thermal imaging cameras needed, some units $3k each, She listed several certain equipment that we do not even have. Rural counties needing $100k-$200k. Go stay next to one of these and see if you can stand it for 2 weeks before you ask us to accept this.

Robert Rauen- Listed several counties that require 1500, 1300, and 1000ft setbacks. They recommend 1500 ft. Several counties mandate a solar overlay district. Many counties limit the amount of farm land used to 5%, 1%, just a few acres, 50 acres, and Henry County complete ban. Our recommendation - Max is 200 acres and no more than 1% on prime farmland. Decommission bond  requirements were detailed. Local ordinances often cap noise at the property line. No noise on a consistent basis from ambient noise, height of panels 10 ft max.

Jessica Schneider- Manchester - we are on Weisberg. Decibels can trigger or cause PTSD. In my family is a Vietnam Vet that will be affected by this construction. Also said she did a speech about the cost of fire and EMS and please respect the taxpayer money.

Jim Red Elk- wanted to talk about communication. He senses that most people do not understand this process and how the county works. The worksheets are about little details and the public is worried about bigger things. Many counties do not permit solar or BESS or Data Centers. Is that an option here? Wants to improve communication. 

Amy Johnson- Are you guys hiring a consultant to write the ordinance? No. Are there other projects besides the Manchester one? Not that they know of- unless it is in the boundaries of the cities or towns. 

Dennis Rutenshroer?- I was approached for solar- and they wanted to clearcut trees. My brother and I farm all around there. 2.5 million acres. I would rather eat my meal at candlelight.

Ed Shelton- thinks the cost of fire etc should be borne by the developer. The water infrastructure is not out there. Head water or North Hogan and Head water of Tanners Creek. That needs to be considered. The decommissioning needs to put up a pile of money by the developer - for tornadoes etc too. 

Joe Calans?-  A Dollar General was shot down out here by BZA- but why is this big thing 100 times the size of it -being acceptable. He was part of 3 big solar farms including Sardinia. And the crews and the big trucks are not being considered. Either Sunman or up SR48. Looking at them after they are running is one thing. While they are being built is a big deal. Took a year and half. Huge parking lots just for tech employees constructing. 

Jim Thatcher said there would have to be agreements on the road traffic and wear and tear- with the state.

Joe Volk-has been helping Jefferson County out with their Data center. He has been feeding the info to Bobby Rauen and tech Solar Group. There is nothing green about a solar farm. They have pallets ground up etc….

Dave Samms- Manchester- How does a resident in Manchester get anything out of this? The tax on the property? The land owner is leasing it- does he pay the property tax? Kraus Jr.- The land is taxed on USE by the assessor. Solar would be a commercial use. So taxed as that. Dave Samms- How will the property sales go if people want to leave? What is the value to anybody other then the ones getting paid. He said the commissioners will have the final say. Due to state law change- they don’t have to do what PC recommends. 

Joe Bulach- The heights - I’d like to see cattle under these. 10 ft is too short. Doesn’t think sheep will even fit. 

Bobby Rauen- There is an exception for agrivoltaics. For height change.

Sam Mortenson- vegetation and setbacks-arborvitae etc. Size of plant and also the amount of water to grow bigger plants.

Brian Smith- we raise bison. Sheep carry something that kills bison. Arborvitae is susceptible to deer. 

Scott Becker- Paramedic in St Leon and Colerain. Consider water supple- consider the staffing. Four inch water main won’t cut it. Can St E handle the construction crew injuries etc.I would question if any of the city of our EMS and fire can handle this build out. 

Joe Volk- regarding animals underneath. Ask the death rate of the animals- chewing on the wires. Could short it out. This was form a guy on site. Thinks the tax situation needs to be looked into further. Definitely look at the fine print on this. Use dot do farm rate  and shift dot commercial rate in Germany per the Wolferts. 

Lisa? All for the 1500 setback and wants to add more. We need to be smaller scale. And we should be hiring locals for this- not illegals. ICE would be in. Does not want it though.

Joe Bulach- There are a bunch of sheep already in that area. 

Sabrina Gregory -Browsers vs grazers. Goats vs sheep but sheep will browse too. 

Chris Mueller- research shows that erosion control is why the 10 ft height on solar array is considered good.

Josh Holland- Sparta Township- thinks this is a capitalistic society should put the solar in river cities. ( Lawrenceburg Greendale and Aurora) This would help for the conservancy district levee system too. Use the AEP site. 

CLOSE PUBLIC DISCUSSION. 

Daily- they are working with HWY Dept on road usage agreements. They also require an escrow account to pay a consultant the PC hires to help with the applications. Like they do for cell towers. She will ask Meghan Acra ( Assessor) about the property tax questions. 

Mark Lehman- End result of overlay district and special exception is a 2 part process. They are looking at he character pf the land. It’s almost the same process. They have to be a unique and special situation to be accepted. Daily - Conditional use lets you put conditions on them- you get into the nitty gritty of the details. Rezone does not require that. 

Lansing- Is there a minimum amount of acreage? Looking at the 1500 ft setback and what it looks like in reality. Daily- trying times NOT look at project- so it’s not site specific when we do the ordinance.  

Gregory- limiting the amount of timber to be removed from property? Daily- yes and also percentage of prime farmland maps.  

Hoog- wants to see maximum acreage for solar.Like 200 acres?  Lansing- also have to look at setbacks. Could have 200 acres but it does NOT include the setback- as it’s not solar panels.

Thatcher- Do a graphic with acreage and show the setbacks and how much total acreage that takes up.

Lehman- want to be careful about too much setback.This would consume more farms. Like the cluster development idea.  

Overlay District through a Rezone process or Conditional Use through the Board of Zoning Appeals - Discussion about what an overlay district really is- It’s not in state planning code. It’s a local creation per Baudendistel. 

Other considerations on agenda were:  

Types of projects and definitions which projects require special approvals  

Landscaping only verses Berms/rolling mounds for buffering or a mix. 

Should it be required on all yards (front, side and rear) or only along the roadways. 

Can existing vegetation be counted. Should a landscape bond be required. 

Other setbacks—residential wells, accessory structures, schools, commercial property, industrial property 

Leased property notification to the public and notification to the Planning and Zoning Office. Notification to property owners and tenants. 

Agrivoltaics—should it be required or highly suggested or used for mitigation of approval 

Decommissioning bond amount 120%, 150% or more for solar, BESS, and Data Centers.

Board wants to have a draft ordinance by August meeting. They also want an additional zoning district instead of an overlay maybe? 

Board had no further questions for now. 

Meeting adjourned at 8:20  PM

Christine Brauer Mueller

Lawrenceburg Township