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HomeMy WebLinkAboutPublic Hearing - BOCCOpen Record Public Hearing Solar Regulations April 26, 2022 3:15 p.m. In Attendance: Danny E. Stone, Chair (via Webex) Rob Jones, Vice -Chair Cindy Carter, Member (via Webex) Barbara J. Vasquez, Clerk of the Board Tyler Lawrence, Interim Development Services Director Public: See sign in sheet The Commissioners held an Open Record Public Hearing to consider the Planning Commission's recommendation for a Unified Development Code text amendment relating to the establishment of commercial/utility scale solar power generation standards. Amendments will be to UDC § 23.04, Zoning, § 23.08, Performance Standards, and § 25.02, Definitions, relating to solar energy project development regulations. Tyler Lawrence, Interim Development Services Director stated at the Planning Commission regularly scheduled public hearing held on April 6, 2022, the Planning Commission considered the Staff Report and application materials for the subject UDC amendment. There was limited public comment made at the hearing, there was one public comment in support and no public comments in opposition to this proposal. Following the public hearing and discussion, the Commission unanimously voted to recommend approval of the proposed code amendment with 8 Findings of Fact. Commissioner Carter stated she reached out to the State about the 7% grade on the slope requirement for panel placement. Visual impact vs slope impact. Mr. Lawrence stated this grade was vetted by all involved and it was agreed upon to forward the 7% grade recommendation. Discussion ensued. Sophie Kiepe with JUWI, a proponent for the Roayl Slope Solar Project, stated the proposed development standards were developed with the Planning Commission and Staff. They feel like this strikes an appropriate balance with conserving Agriculture and harnessing economic enhancement. Ali Weaver, echoed Ms. Kiepe's comments. Commissioner Carter asked those in attendance about the 7% grade and wanted their opinions. Ali Weaver stated yes, the 7% grade will work and will achieve the Planning Commissions goal. 10% was brought in because the that would give more variability. 7% strikes the balance the county is looking for. Call in user Audrey Lee thanked everyone for their thoughts on this process. (There were 2 other call in users but did not have any comment). Sam Castro, Public Works Director addressed the landfill and demolition of the windfarm and noted his concerns about the items going to the landfill. A motion was made by Commissioner Jones, seconded by Commissioner Carter, to close the public comment portion of the hearing. The motion passed unanimously. Commissioner Stone read aloud the 6 actions that the commissioners may vote upon at this hearing. Mr. Lawrence clarified what the final actions listed mean. Commissioner Carter asked again about the 7% grade, if the Board wanted to consider a 10% grade. Discussion ensued. Mr. Lawrence stated administration would be difficult to put a 10% grade with stipulations. Mr. Lawrence reiterated that the legwork was done and the 7% was agreed upon. A motion was made by Commissioner Carter, seconded by Commissioner Jones to uphold the Planning Commission's recommendation to approve the amendments. Commissioner Stone moved to amend the motion and proposed 4 amendments to the motion: 1. In 23.08.357- Solar Energy Facility — Part E., strike the word "feet" and insert "yards". There was no second so the motion died. 2. In 23.08.357- Solar Energy Facility -.Part I., Adding #9 to read — The developer or owner of the solar energy facility will include in the Development Agreement the plan for disposal er row„alir,a of any damaged or decommissioned components. Various solar energy facility components are considered a form of toxic, hazardous electronic or "e -waste,” therefore disposal of solar energy facility components will not be acceptable within Grant County. Commissioner Jones seconded and the motion passed by 2 commissioners. Commissioner Carter voted nay. 3. In 23.08.357- Solar Energy Facility - Part I., Adding #10 to read: The Development Agreement will also include a site soil testing plan after component damage or following decommissioning. The developer or owner of the solar energy facility will include plans for completing necessary soil remediation if toxins are found present from leakage or leaching of toxic materials into the soil. Discussion ensued. Rebekah Kaylor, Chief Civil Deputy Prosecuting Attorney stated that if public comment was closed, and then amendments are being proposed, another public hearing needs to be scheduled. Before the amendments are adopted into the code, the suggestions need to be made available for public comment. Mr. Lawrence stated there is another hearing scheduled for May % 2022 to extend the moratorium if today's code amendment didn't pass. Commissioner Stone voted yay to add #10, Commissioners Jones and Carter voted nay. 4. Adding K. — Source Prohibitions: The applicant for any solar energy facility is required to provide documentation to Grant County Development Services r, MIA stating the materials/components of their proposed facility will comply with the prinr.inloc �� H.R. 6256, the Uyghur Forced Labor Prevention Act (UFLPA). The Act establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People's Republic of China, or produced by an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B) of the Act, is prohibited by Section 307 of the Tariff Act of 1930 and that such goods, wares, articles, and merchandise are not entitled to entry to the United States. There was no second to the motion and the motion failed. Commissioner Stone restated the motion: To approve the Planning Commission recommendation to approve the UDC amendment and adding 1 amendment as shown in #2 above, that would add language about the disposal of solar panel components. All commissioners voted in favor of the motion. Another public hearing will need to be scheduled with the new amendment added to allow public comment. Ms. Kaylor stated the Board would need to advertise and hold another hearing. The Clerk of the Board proposed May 24, 2022 at 3:30 p.m. A motion was made by Commissioner Carter, seconded by Commissioner Jones to readvertise and hold another public hearing on May 24, 2022 at 3:30 p.m. The motion passed unanimously.