Meeting of June 21, 2023
Fiscal Court Meeting - June 21th, 2023 · Watch on YouTube ↗
Summary
Hardin County Fiscal Court – Special Called Meeting, June 21, 2023
This special called meeting was a continuation of a public hearing (begun the prior day) on an application by Stonefield Solar to rezone approximately 1,030 acres of land near Cecilia/Glendale, Kentucky (the Buchanan/Knight/Wall farms) from R2 (Agricultural/Residential) and C1 to I2 (Heavy Industrial) to allow construction of a 120-megawatt utility-scale solar facility. The Fiscal Court was sitting in this session primarily to watch the recorded Hardin County Planning & Development Commission hearing on the matter, not to take final action itself.
Dozens of area residents and farmers spoke in opposition, citing concerns about loss of prime farmland, karst/sinkhole geology, water quality and runoff, property values, and inconsistency with the county's comprehensive plan's "Natural Resource Area" designation. A smaller number of speakers, including company representatives and an attorney for the applicant, argued the project complied with the comprehensive plan, would preserve long-term farming potential, and was located within a historic "Western Kentucky Parkway Industrial Corridor" identified in a 2004 planning document.
After public comment and cross-examination style questioning, county planning staff presented findings recommending denial of the map amendment, concluding the project was not in agreement with the language and four-step process of the comprehensive plan, despite meeting some technical development criteria (roads, water, etc.). The Planning Commission then voted 3-1 to deny the proposed zone change, adopting a resolution citing non-compliance with the comprehensive plan's natural resource area and land use goals.
Following the vote, the Fiscal Court did not make a final decision itself at this meeting. Instead, the court moved into a closed session to discuss potential or pending litigation related to the matter, pursuant to KRS 61.810(1)(c). After returning from closed session, the presiding judge indicated that a vote on the matter would occur at the next regular Fiscal Court meeting the following Tuesday.
The meeting concluded with a motion to adjourn.
For residents, this means no final decision has yet been made by the Fiscal Court on whether the solar project will be allowed to proceed; the Planning Commission's denial recommendation will now go before the full Fiscal Court, with a decision expected at the next regular meeting, and an appeal process is also available to the applicant within 21 days.
Agenda (9)
- 8:26
Call to order, invocation, and pledge
The special called meeting was called to order with a roll call of magistrates present, followed by an invocation by Magistrate Kenny Salzman and the Pledge of Allegiance.
- 10:12
Opening remarks on meeting purpose
Judge Executive Keith Taul explained that this special called meeting was a continuation of the prior day's hearing on the Stonefield Solar zoning application, that only that single matter could be considered, and that after watching the remainder of the recorded planning commission hearing the court would go into closed session on potential litigation before adjourning without a final decision that day.
- 11:49
Public opposition testimony on Stonefield Solar rezoning
Numerous Hardin County residents and farmers (including Dan Feaser, David Miller, Danny Broderick/Brodrick, Trina Martin, David Tall, Bobby Alexander, Lawrence Orr, and others) testified in opposition to the proposed rezoning from R2 to I2, citing incompatibility with the comprehensive plan, karst geology and sinkhole risks, water pollution, loss of prime farmland, negative economic impact analyses, and property value concerns.
- 1:39:08
Applicant/company presentation and questioning of opposition witnesses
Representatives and consultants for Stonefield Solar (including an attorney, an engineer, and company staff) questioned opposition witnesses about karst studies, stormwater management, and developer commitments, defending the project's compliance with geotechnical and environmental standards.
- 1:56:49
Closing statements from opposition attorney and applicant attorney
Attorney Danny Broderick summarized the opposition case, arguing the project did not comply with the comprehensive plan's natural resource area designation; attorney Gregory Dutton for the applicant argued the project did comply and highlighted the 2004 industrial element referencing the Western Kentucky Parkway corridor.
- 2:18:42
Staff findings and recommendation
Planning director Adam King presented the staff report reviewing the KRS 100.213 four-step process, concluding the project complied with some development policies but was not in agreement with the comprehensive plan's natural resource area language, and recommended denial of the rezoning.
- 2:29:02
Planning Commission discussion and vote on zone change
Commission members discussed the applicability of the 2004 industrial element versus the updated comprehensive plan, decommissioning bonding concerns, and screening waivers, then voted 3-1 to deny the proposed I2 zone change.
- 2:48:27
Closed session on potential litigation
The Fiscal Court voted to enter closed session under KRS 61.810(1)(c) to discuss proposed or pending litigation related to the zoning matter.
- 3:14:03
Adjournment
After returning from closed session, the judge stated the Fiscal Court would vote on the matter at the next regular meeting, and the court then adjourned.
Motions & votes (3)
- 2:44:09
failedMotion by the Hardin County Planning Commission to deny the proposed zone map amendment from R2/C1 to I2 for the Stonefield Solar project, adopting the staff report and resolution 2022-2023-008 citing non-compliance with the comprehensive plan.
3-1 in favor of denial (i.e., denial motion passed 3-1)
- 2:48:27
passedMotion for the Hardin County Fiscal Court to enter closed session under KRS 61.810(1)(c) to discuss proposed or pending litigation related to the solar zoning matter.
Unanimous roll call: Squire Clan/Hicks yes, Squire Muse yes, Squire Pennington yes, Squire Salzman yes, Squire Thompson yes, Squire Whitehead yes, Squire Yates yes, Judge Executive Keith Taul yes
- 3:14:03
passedMotion to adjourn the special called meeting of the Hardin County Fiscal Court.
Transcript (123 segments)
- 8:11
today is a obviously a continuation from yesterday um and this is a special called meeting this Wednesday June 21st 2023. okay so let's um let's go ahead and call this meeting to order and let's go ahead and have a roll call Squire Thompson here Squire Whitehead here Square Yates here judge executive Keith Paul here right we'll have an invocation by magistrate Kenny Salzman in Pledge of Allegiance by magistrate Kenny Muse father God we thank you for this day you've given us we thank you for the rainfall father we pray that you would guide us and direct us today
- 9:25
in doing the County's business father we pray that you would open our ears and our minds and our hearts Lord to hear what you have to say to us through this testimony today Father we thank you for all that you do for us we thank you for your son Jesus and I pray that you would bless our time here together in Jesus name we pray amen amen amen [Music] justice for all foreign okay so similar to yesterday I just have a few opening comments as far as the agenda goes we have the actual proceedings that we'll watch uh the the final I think two about two and a half hours worth today after that we'll go into a closed session and then we'll adjourn after the closed session so this is a special called meeting
- 10:39
and continuation of yesterday's meeting to consider an application for an amendment to the current zoning map of Hardin County because it is a special call meeting only the single matter on the agenda may be considered today we will resume watching the Planning Commission hearing and we will take breaks as necessary at the end of watching the recorded hearing we expect to go into closed session to briefly discuss proposed or potential litigation related to this matter we do not intend to make a decision today expect the decision would be made at a regular Fiscal Court meeting and that would be posted on a regular agenda in advance okay we're ready to start five minutes which you just speak in opposition to uh the same courtesies will be given to you uh you will have 55 or an hour if you choose to reserve some you may do so so with that give your name is 921 College Bowling Green Kentucky which children we would like to reserve five minutes a day closer we don't have
- 11:51
people that want to address the planning and zoning members tonight I will tell you this we have folks in here we have folks in the other room if you came to see the folks in the other room so I'm simply going to ask those in the other room um if they will shout out where they are please I don't think they can hear me I think it's a delay microphone delay thank you and I'm sorry for the delay all of you here that are opposed to this song change please name thank you very much with that idea man we have a person would like to comment to you thank you now the way that this awards that what you present if you are finished with your presentation as you are an individual proceeding as opposed to the company you will be subjected to questions strictly after I said okay okay Council yes thank you
- 13:04
I danced with it earlier we didn't get that as well if you would like to make your total presentation off of that to them so yes okay that will be how we perceived it thank you my name is Dan feaser I live in 38 artists I would like about the Hardin County Citizens responsive solar that's being part of a national movement for disinformation we are not part of any national [Music] we are local citizens all coming together in Cecilia Kentucky and our goal is to educate our community our Facebook and Community has over 900 followers and we have submitted a petition to Hardin County with over 1500 signatures requesting a moratorial assault our fundraising is all done locally as one of our best speakers we also have guest speakers from University of Kentucky the University of North Carolina inner Western Kentucky University and
- 14:17
you kept all of them come as guest speakers to help educate our community so I'm glad you came and Universal I'm here tonight to request the rejection of the Zone chain from part two to automobile iTube because it does not comply with that Hardin County comprehensive plan the intent section 313 having industrial Zone the development shall be cited and designed so it's to appoint neighborhoods residential development in political protection nurses and happiness the use of design should be set forth in the land use table electric generation is not listed in that table Stone field states that their PS and their PSC application that there will be Tier 1 and tier two have three tiers the reflection up to 50 minutes a day for four months a year this is just one example of the nuisance which will affect 46 Residential Properties and everyone driving on Route 62 is in their documents under ksr 100 and Kentucky law the
- 15:32
County's comprehensive plan sets the stage for all land users and related Planning and Zoning works in the capital therefore it is very a buried foundation for how our community growths and functions today and in the future this 40-year land conversion will affect Lila my children's life and my grandchildren the comprehensive plan land use element 314 said the recommended land use and States agricultural land shall be performed an agricultural operations protected and encouraged by the use of various land use techniques including but not limited to residential clustering conservation easements and the right to farm regulations there is currently no use element for solar greater than one anchor in zones A1 i1 or I2 after the Hart County Circuit Court invalidated designing resolution 2020-011 free branding the use to induct
- 16:46
Ed does not change the reality of the project the comprehensive plans here to protect our natural resources Prime farmland and clean drinking world and it's very clear that this Regional Reflection from part two to I2 is not appropriate in this area the following suggest a sentence section is supported to the findings freezer is in the natural resources area and is currently being farmed unreleased the country mattress comprehensive plan describes the natural resource area that's agriculture use is a prominent use in this area in addition natural resource area planning was developed to protect sources of our drinking water one of the reasons of all can stop operations becomes the water table Supply in this area encourages encourages developments to be secretive to the environmental constraints and the natural conditions of the subject preserves the natural surroundings for