Planning commission recommends AFD withdrawal and permits 3 MW Hedera solar project on Ivy Hill Road

The James City County Planning Commission voted 6–1 Thursday to recommend that the Board of Supervisors approve withdrawal of 60.6 acres from the Mill Creek Agricultural and Forestal District and to approve a special-use permit (SUP) and comprehensive-plan conformance finding for the 3 megawatt Hedera solar project at 101 and 121 Ivy Hill Road.

The project applicant, Esther Rekelman, senior project developer with Hexagon Energy, told the commission the proposal would place about 16.5 acres of solar panels inside a fenced area within a roughly 101-acre parcel, with the larger SUP area covering about 47.5 acres. “The project will benefit the county by generating increased county revenue of over $500,000 through both taxes and/or revenue share during a lifetime of the project,” Rekelman said, and she added the array “has the ability to power up to 600 homes in the area.”

Staff recommendation and why it mattered

Planning staff reported that the application is generally consistent with the county’s 2045 Comprehensive Plan and county zoning, while noting the project did not meet every guideline in the Board of Supervisors’ recently adopted solar facilities policy. Staff also concluded the AFD withdrawal request did not meet the county’s narrow withdrawal criteria — which focus on unforeseen changes in circumstance and public purpose — and the AFD Advisory Committee unanimously recommended denial. Despite those staff findings, commissioners voted to recommend withdrawal and to find the project substantially in accord with the comprehensive plan.

Key facts and conditions

- Applicant: Hexagon Energy (senior developer Esther Rekelman). - Location: 101 and 121 Ivy Hill Road, parcel ~101.3 acres, within the Mill Creek Agricultural and Forestal District. - Withdrawal requested: 60.6 acres removed from AFD; approximately 40.46 acres to remain enrolled. - SUP proposal: 3 megawatt community solar facility occupying about 16.5 acres within a 47.5-acre site area; less than 30 acres will be cleared for the project. - Proposed term: up to 40 years, with a decommissioning plan and bond required at project end. - Estimated county revenue: applicant-stated total of more than $500,000 over the project lifetime (applicant-provided estimate). - Connection: Applicant said the project would tie to local Dominion distribution lines and seek participation in Dominion’s shared solar program; if selected, 30–50% of capacity could be allocated to low-income customers under that program. - Vegetation and mitigation: applicant agreed to native pollinator-friendly ground cover, 100-foot resource protection buffers around streams and wetlands, and supplemental landscaping to screen views.

Public comment and applicant outreach

Raymond Settle, attorney for Ivy Hill LLC and the principal landowner Ellen Lightman, read a statement from Lightman explaining the family’s decision to partner with Hexagon and their intent to preserve family ownership. Several nearby property owners spoke in support: Donald Hazelwood, who owns adjacent property on Hill Lane, praised the proposed buffers and said he supports the project; Jackie Brown, a nearby resident and local business owner, said Hexagon had been responsive and that the design assuaged her concerns about views and noise.

Commission debate and dissent

Commissioners expressed differing views about whether the proposal fits the county’s rural-land policies and the AFD withdrawal rules. Commissioner Everson (Stone House District) argued the project is industrial in character and questioned whether it conforms with the comprehensive-plan goal to protect rural lands, saying, “I don't think there should be an agricultural land. I think there should be an industrial land because that's what they are. They're industrial.” Other commissioners, including Commissioner Polster (Jamestown District) and Commissioner Allman (Roberts District), cited precedent for past AFD withdrawals tied to solar projects, emphasized the limited county services the project would require, and said the revenue and temporary nature of the use supported approval.

Formal recommendations and votes

- Agricultural and Forestal District withdrawal (Mill Creek AFD 24-0004 — 101 & 121 Ivy Hill Road): motion to recommend approval carried 6–1 (Ayes: Haldeman, Polster, Rogers, May, Allman, O'Connor; No: Everson). The commission’s recommendation will go to the Board of Supervisors, which makes the final decision on AFD withdrawals and may consider tax rollback/rollback penalties on withdrawn acreage.

- Comprehensive plan conformance finding (Code of Virginia requirement that local bodies determine whether a utility facility is in substantial accord with the adopted plan): recommendation that the project be found substantially in accord with the James City County 2045 Comprehensive Plan passed 6–1 (Ayes: Haldeman, Polster, Rogers, May, Allman, O'Connor; No: Everson).

- Special-use permit (SUP-24-0016, Hedera Solar Facility): recommendation of approval with the conditions listed in the staff packet, and conditioned on AFD withdrawal, carried 6–1 (Ayes: Haldeman, Polster, Rogers, May, Allman, O'Connor; No: Everson).

What remains and implementation risks

The approvals by the Planning Commission are recommendations to the Board of Supervisors; the Board will make the final decision on the AFD withdrawal and the SUP. The applicant said the project’s financing and interconnection schedule create a narrow timetable: Hexagon expects an interconnection agreement in mid-2025 and said it must decide and post required interconnection-related funds within a roughly 75‑day window after receiving that agreement. The applicant told commissioners that a denial of the AFD withdrawal now could force it to withdraw from the interconnection process and re-enter the interconnection queue, which would delay or jeopardize the project.

The applicant and staff noted that additional state and utility approvals, stormwater and erosion-control permits, and the Board of Supervisors’ action are required before construction can begin. The applicant estimated construction would take roughly six months once permits are in hand.

Ending

The Planning Commission’s recommendations will be forwarded to the Board of Supervisors for final action. For now, the commission’s votes clear key local planning hurdles but leave final approval and any tax or rollback consequences to the Board.