By MIKE COURSON
Great Bend Post
The players have to know the rules before they can play the game. That is the issue the Barton County Planning Commission, Board of Commissioners, and Acciona Energy are dealing with as the moratorium on developing commercial solar energy in the county nears its conclusion at the end of the year. Zoning Administrator Judy Goreham spoke to the board of commissioners about an extension on the moratorium Tuesday morning. Commission Chair Shawn Hutchinson said not so fast.
"It seems like we're missing an option," he said. "Option one: simple majority to extend it for six months. Option two: four out of five supermajority to change the date. But there is an option three."
Acciona officials attended a Barton Commission meeting in January to discuss the possible development of a large-scale solar farm in the county. Few details were provided, and the proximity of Cheyenne Bottoms to any such developments became a cause for concern. In May, the commission approved the moratorium on any developments until the end of 2023 so the planning commission could research the issue and come up with appropriate regulations.
The planning commission began having bi-monthly meetings to piece together a 29-page document of existing solar regulations from the city of De Soto, Douglas County, and Sedgwick County, making them applicable to Barton County.
County Counselor Patrick Hoffman said other counties that implemented similar moratoriums are close to coming up with regulations, so he understands the frustration of a possible extension on the moratorium in Barton County. But he also said having the regulations in place is an important step to move forward.
"As commissioners, you have legislative authority on the regs to make whatever rules you think are appropriate," he said. "But then once you make the regs and someone applies for a permit, you have to follow your own rules on it."
Josh Svaty, representing Acciona and Advanced Power Alliance that handles clean energy in Kansas, said an extension could have detrimental affects for all parties involved.
"A moratorium does also have power, and it is noted in any county where it's on," he said. "It sends a market signal not only to a potential developer, but also to any of their financial backers because it's market uncertainty. They are certain timelines in the development of any project that you have to meet milestones. If there's a six-month or even a three-month moratorium in place, it's the big black hole because nothing can be done."
Hutchinson said part of the blame falls on Acciona for approaching the county about the project but not providing details. It has only recently come to light that the project would require approximately 2,100 acres of land in two yet unknown locations in the county.
"I think Acciona needs to own a little bit of this, too," said Hutchinson. "When they came in, I think they were insensitive to the largest inland marsh in North America and threw this blob out of territory they may go into, going right over. Had they come into this with that in mind, I think maybe it could have moved faster and more appropriately than it has. I think it scared a lot of people."
The Barton County Planning Commission will host an open meeting on Thursday, Dec. 7 at 9 a.m. at the Hoisington Activity Center. The meeting is open to the public. Officials from Acciona will provide updates about the project.
In October, the planning commission held another public meeting at the Activity Center. Members of 13 wildlife organizations provided information at the meeting. Goreham told the board of commissioners Tuesday morning how the planning commission will take that information into consideration.
"Their general message was 10 miles around Cheyenne Bottoms and protect the corridor all the way down to Stafford County," she said. "That would mean no development clear south to the county line, which is not practical and the planning commission knows that. They have full intentions not to do that."
Some questions regarding an extension on the moratorium pertain to statutory obligations the planning commission must meet. Public meetings were held when the original zoning map was created. Goreham said it's impossible to do all of these things prior to the current moratorium ending on Dec. 31.
"As you guys know, if the map changes at all, that landowner affected has to have a written invitation to attend the public hearing," she said. "Assuming map changes happen, that could include 600 parcels. All those landowners will have to receive a letter of invitation to attend a public hearing. That will be the actual statutory public hearing for the recommendation that will come to you for zoning changes. Then you have a two-week mandatory waiting period before that can go to you, which gives people the opportunity to protest formally if they're going to."
Commissioners discussed other aspects of the potential solar development, including the impact on property taxes for residents, the benefits of bolstering the local electrical grid, and the boom to the economy with 350-500 workers in the area for two or three years.
"Maybe 350 people doesn't seem like a lot of people in Great Bend, but I know if 350 people came to Ellinwood to eat lunch, that would be a big deal," said Commissioner Tricia Schlessiger.
Because the planning commission officially recommended the board of commissioners extends the moratorium for six months, a super majority of four of the five commissioners would have to agree against the recommendation. That determination will come in the next Barton County Commission meeting scheduled for Dec. 12.