Meeting of June 20, 2023
Fiscal Court Meeting - June 20th, 2023 · Watch on YouTube ↗
Summary
Special Called Fiscal Court Meeting — June 20, 2023
This was a special called meeting of the Hardin County Fiscal Court held specifically to review the record on a proposed zoning map amendment requested by Stonefield Solar Project (Candela Renewables), which seeks to rezone approximately 1,030 acres along Litchfield Road (US 62) and West Glendale Hodgenville Road (KY 222) from rural (R2) and convenience commercial (C1) to heavy industrial (I2) to build a 120-megawatt solar generation facility.
The Hardin County Planning & Development Commission had already held a public hearing on May 2, 2023, and recommended denial of the amendment. Because the applicant requested that Fiscal Court make the final decision, the Court convened to review the existing hearing record rather than take new testimony. The judge executive emphasized that the sole purpose of this session (and a continuation the next day) was to review the recorded planning commission hearing, not to make a decision at this meeting.
Most of the meeting consisted of playing back the planning commission hearing recording, which included a detailed staff report from county planning staff, a lengthy presentation from Stonefield Solar/Candela representatives and their attorney, and extensive public questions and comments both in support of and opposed to the project. Topics covered included the project's compliance with the comprehensive plan, the Western Kentucky Parkway industrial corridor, environmental and safety concerns (soil, water, panel toxicity, decommissioning), impacts on farmland and property values, fire department coordination, economic benefits and tax revenue, and testimony from area landowners and residents on both sides.
The only formal Fiscal Court business conducted that was not part of the replayed hearing was approval of the meeting's minutes and, at the very end, adjournment — since the actual review of the record was to continue at a later session, with any zoning decision expected to be made at a later regular Fiscal Court meeting.
Residents should note: no decision on the zoning change was made at this meeting. This was purely a record-review session, and the Court's ultimate vote will come later, once its review of the full hearing record is complete.
Agenda (13)
- 10:04
Call to order, invocation, and pledge of allegiance
Judge Executive called the special meeting to order and took roll call of magistrates; invocation and pledge of allegiance followed.
- 12:06
Judge Executive's opening comments on purpose of meeting
The judge executive explained that this special meeting was called to consider Stonefield Solar's application to rezone about 1,030 acres from R2/C1 to I2, after the planning commission recommended denial; explained the legal standard and process for review.
- 16:20
Approval of minutes
Fiscal Court approved the minutes as presented with a motion, second, and voice vote.
- 17:14
Review of planning commission hearing record on Stonefield Solar map amendment
The court began reviewing the recorded May 2, 2023 planning commission hearing, including the staff report, applicant's presentation, and public comment for and against the zone change from R2/C1 to I2 for the Stonefield Solar project.
- 25:33
Staff report presented by planning staff (Mr. King)
Planning staff detailed the zone change request, property owners, applicant, comprehensive plan analysis, exhibits, public notification, and zoning history including the adjacent Vulcan Quarry I2 zoning.
- 45:06
Applicant (Stonefield Solar/Candela) presentation in favor of rezoning
Candela Renewables representatives Rick Ferreira and Aubrey Muse, along with attorney Gregory Dutton, presented the project's design, environmental screening, legal arguments about the comprehensive plan and manufacturing use, and rebutted misinformation.
- 1:19:51
Landowner statement in support (Drew Augustine)
A property owner in the Buchanan family described the family's history with the land, their lease with Vulcan Quarry, and their desire to lease to Stonefield Solar, disputing claims their land was outside the industrial corridor.
- 1:40:37
Public questions on applicant's presentation
Attendees questioned the applicant team about zoning conformance, homes near the site, manufacturing definitions, ownership of Stonefield LLC, and the Western Kentucky Parkway industrial corridor claim.
- 2:00:19
Public comment and questions - opposition concerns
Residents raised concerns about water contamination, soil safety, fire department preparedness, panel toxicity, decommissioning, property value impacts, and the fairness of the industrial designation for solar.
- 2:57:07
Public comments in favor of the zone change
Several speakers, including a retired solar installer, a Hardin County Schools board member, and others, spoke in favor of the rezoning citing climate concerns, economic benefits, and school district neutrality.
- 3:22:29
Applicant's closing/reserved time statement
Candela representative Rick Ferreira used reserved time to address fire department coordination, economic impact figures including tax revenue and job creation estimates for the project.
- 3:27:00
Announcement of resolution number and closing remarks
The judge executive announced the planning commission resolution number (2023-008) before adjournment, noting the meeting would continue reviewing the record the next day.
- 3:27:15
Adjournment
A motion was made and seconded to adjourn the meeting, which passed without objection.
Motions & votes (3)
Transcript (151 segments)
- 9:49
foreign so we will go ahead and get started this this is a special called meeting this Tuesday June 20th 2023 and um so we'll go ahead and call this meeting to order so we'll start out uh go ahead with the roll call please wire clam here Squire Hicks yes Squire Muse here Squire Pennington here Squire Saltzman here Squire Thompson here Squire Whitehead here Squire Yates here judge executive tall I'm here all right uh we will have our invocational Magister Kenny Muse and Pledge of Allegiance magistered Kenny Salzman the name of the Father the Son the Holy Spirit dear Lord we thank you for this day we thank you for this great country we live in and the privilege privileges we enjoy we thank you for this opportunity together today to review the sewing request
- 11:02
give us the ability to make a fair and just decision no matter the outcome may this Fiscal Court continue to work together to make this County and Community a better place to work and live in Jesus name we pray amen amen show me the pledge I pledge allegiance of the United States and justice for all okay all right just thank everyone for being here today for this hearing and um just a quick um just take a second here because the agenda is short um we next will be my comments and then we'll have the proceedings that we'll talk about here in a moment and then we will adjourn after that so just a few comments to make this is a special called meeting to consider an application for an amendment to the current zoning map of Hardin County
- 12:14
because it is a special interesting zoning map to change approximately 1030 Acres located along Litchfield Road which is U.S 62 and West Glendale Hodgenville road which is Kentucky 222. from rule R2 and convenience commercial C1 to heavy industrial I2 and this was made by Stonefield solar project on November 3rd 2022. under Kentucky law the Planning Commission is required to hold at least one public hearing on their request which they did on May 2nd 2023. the Planning Commission made findings a fact that from that hearing and recommended to Fiscal Court that the amendment be denied that's contained in resolution in the resolution 2023 and I didn't say that resolution number up okay I'll have to get that
- 13:29
and let's see no I don't have it with me um so we all have seen it had a copy of it I just didn't write down the number a request has now been made by Stonefield solar project that the final decision as to the map Amendment be made by Fiscal Court and that's what we are here for today public notice of today's proceedings was published in the news Enterprise neighboring property owners were notified by mail and signs were posted near the location of the property as directed by Planning Commission regulations it will take a majority of Fiscal Court to override the recommendation Made To Us by Planning Commission and it will require that we make our own findings a fact that the zoning chain is in agreement with the current adopted comprehensive plan of Hardin County in order to do that if we do not find that the zoning change is in agreement with the current adopted comprehensive plan then in order to override the Planning Commission recommendation we must find that one or more of the following apply a that the existing zoning classification given to the property is
- 14:43
inappropriate and that the proposed zoning classification is appropriate or B that there have been major changes of economic physical and social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered the basic character of such area because the hearing held by the Planning Commission on May 2nd 2023 gave the applicant those in opposition and the public ample opportunity to present information it is Our intention at this time to review the record that exists to include the hearing and the exhibits introduced into the record for that hearing we will play the reporting of that hearing we will take breaks as necessary but don't expect to do anything today and tomorrow other than review the existing record remember that the purpose of today's and tomorrow's meetings is only to review the existing record I expect the decision would be made at a
- 15:55
later regular physical board meeting okay at that we are ready to view the record for the next several hours interesting [Music] because okay the consideration for the minutes presented to you if there are changes that need to be made to the minutes if not is there a motion to approve the minutes that's presented you've got a motion a second we're going to motion a second all in favor say aye
- 17:09
give me a post okay emotions have been approved so now we're going to move into new business which is in this case is a map Amendment okay thank you Mr love make that part of the record please okay we're going to move on to the map Amendment the state of Kentucky requires that for any map amendment that a public hearing be held to receive testimony by those wishing to speak in favor of or in opposition to the proposed map Amendment and that's what we're here to fulfill tonight this meeting will be held in several different parts thermostat will present What's called the staff report that staff report will include said Saints as meeting notifications visiting maps and any other information that they deem pertinent for the commission what status can find their report the commission may only question the step once that has been concluded then the form will be openly first to those wishing to speak in favor of followed by those wishing to speak in opposition to
- 18:24
if you choose to speak or to make a statement you will first be recognized by the chair he will come up to the podium I will need your name and your mailing address still Direct once it has been of course you may make your statement that you uh four questions by the commission and then by anybody in attendance now can you order to ask the question this is very important people kind of get Contract from this sometimes then time for questions is just for questions it's not a time to make a statement okay okay so this is for questions only so you will simply be recognized by the chair you'll come forward you'll go to whichever Podium is not being used and you will ask your question and then the answer will be given okay now under normal meeting rules 30 minutes is given to each side to present however I I understand the council is present for both sides so excuse me this yes sir sorry um so I was just wondering is there any way we can see timestamps of where