By MIKE COURSON
Great Bend Post
Barton County's extension of a moratorium on commercial solar development in the county did not need a supermajority vote of four commissioners during Tuesday's meeting. Thus an amended four-month extension passed with a 3-2 vote, with Commission Chair Shawn Hutchinson and Commissioner Tricia Schlessiger voting against the proposed extension of March 31, 2024. The planning commission was asking for a six-month extension.
"We want to make sure we do it correctly, do it right, and be done, and not have to revisit this," said Planning Commissioner Junior Welsch said. "The reason we would like the extension is to make sure we do get it right for Barton County. That's what we're here for, to do what's right and give it to you all, and we can move on. If we don't have this, I don't think we will have it right."
Since the board of commissioners implemented the moratorium in May, planning commissioners have worked to create solar regulations, including a 29-page document they plan to vote on early next year. With a balance of landowner rights and protecting natural resources at heart, Schlessiger made the first motion to extend the moratorium to Feb. 13, 2024.
"I just think you are depriving property owners of their rights," Schlessiger said. "This has been seven, going on eight months. If we extend it two more months, we're looking at 9-10-11. I think we have to wrap it up, one way or the other."
A quick discussion ensued with planning commissioners stating it would be nearly impossible to meet state statutes around planned zoning changes on that short of a timeline. Zoning Administrator Judy Goreham suggested a date no later than April 1, 2024.
"I have the utmost respect for Judy Goreham," Commissioner Donna Zimmerman said. "I've known you for years and years, and I've known many of the planning and zoning members and consider them friends. But this is a difficult thing. It's a difficult thing when you have moratoriums in place and the message that sends. I would consider a March 31 extension. I wouldn't be in a position to extend that any further at that point, though."
When the planning commission makes a recommendation, a supermajority of four votes from the board of commissions is required to change or reject that recommendation. Hutchinson said, because the moratorium was implemented by the board of commissioners, a supermajority was not required. County Counselor Patrick Hoffman concurred.
One concern about an extension of the moratorium is the amount of time that has already passed since its implementation in May. Planning Commission Vice-Cochairperson Mary Anne Stoskopf reminded the commission that a 9-12-month moratorium was originally suggested so the body could complete its work in a diligent manner.
Goreham said the planning commission, comprised of volunteers, typically meets the second Thursday of each month. There have been 14 meetings in 2023, with 11 of those meetings coming in the last six months. The planning commission has held six public hearings, with three coming since May when the moratorium was implemented. Goreham has issued 26 building permits this year, has taken part in eight study sessions with the board of commissioners, and gone before the board of commissioners in meetings 10 times in 2023.
"I feel like it's been a very full year," Goreham said. "I am confident when I tell you our planning commission has been busting their tails to get with you what you have asked them to do and do it in the right way."
The planning commission would have 60 days to answer any conditional-use applications filed in its jurisdiction. Goreham said once the moratorium was put into place, Acciona made the decision not to conduct any further research in the area though they did acquire more land.
Before the extension of the moratorium, Goreham laid out an ideal timeline to give the planning commission time to do its work in compliance with state statutes. Ideally, the planning commission would meet in late February to allow Goreham and staff to mail out notices to 293 landowners possibly affected by the new zoning regulations. Those letters would have to be mailed at least 20 days before a public hearing. The planning commission would also have to take into account a statutory 14-day protest period.
Goreham also emphasized ahead of the extension of the moratorium that, even if the board of commissioners granted the six-month request, the moratorium would be lifted as soon as the planning commission and board of commissioners approved the new zoning regulations.