Planning commission backs community meeting rule and debates larger solar setbacks

The Charlotte County Planning Commission on March 4 recommended that the county adopt a formal community meeting requirement for utility-scale solar conditional use permit applications and spent much of its meeting debating setback distances and vegetative buffer rules for large solar projects.

Commissioner David Watkins moved that the county consider language matching Halifax CountyCounty's community meeting provision; he amended the motion to require that the meeting be held within 30 days of the zoning administratorfinding an application complete. The provision the commission approved to recommend would require the applicant to notify adjacent property owners in writing and place a notice in a county newspaper seven to 14 days before the meeting, hold the meeting in the county at an accessible public location with adequate parking and seating, allow the public to review application materials and ask questions, and provide a summary of input to the zoning administrator. Kenny Howard seconded the motion and the commission voted unanimously to carry it.

The bodyalso debated setback distances and buffers. Staff noted a common regulatory approach of a 125-foot front setback along roadways and a 50-foot side-yard setback on external boundaries; Commissioner David Watkins said he favored a 150-foot setback on all external boundaries, while Supervisor Kay Pierantoni recommended at least a 100-foot setback with increased screening widths and specific planting requirements to protect adjacent property rights and values. "We need to protect adjacent landowner rights and property values," Pierantoni said.

Supervisor Will Garnett said he supported "a 150-foot setback or a 200-foot setback" and suggested that vegetative buffers be set at one-half of the setback distance to provide screening and wildlife protection. Jon Hillis, president of developer SolUnesco, told the commission that applicants could include adjacent properties beyond the project area to meet setback or buffer requirements and questioned whether large vegetative buffers were necessary where adjacent parcels were timberland. "Developers would work harder to get landowners to retain existing vegetative buffer to avoid the cost of planting new vegetation," Hillis said.

Citizen commenters raised environmental and oversight concerns. Lauren McCarty, a development associate with SolUnesco, said the company was nearing completion of its Randolph Solar development plan and asked the commission to consider ordinance changes carefully and allow developers an opportunity to share input. P.K. Pettus warned of potential erosion-and-sediment and stormwater-management issues at large cleared sites, citing experience with a Maroon project in nearby Culpeper. "There is potential for E&S and stormwater issues with Courthouse Solar," Pettus said, urging "well-planned oversight with sufficient staffing and inspections." Kathryn Griffith urged that the county put citizens and natural habitat protections ahead of revenue and landowner interests and cited Halifax County's requirements for pollinator habitat and third-party assessments of impacts on adjacent property values.

Administrator Daniel Witt told commissioners that Virginia law provides an annual revenue-share payment of $1,400 per megawatt of generation and that the county had adopted a Revenue Share Ordinance; he said the Courthouse Solar siting agreement also included an annual escalator. "The annual $1,400 per megawatt generated revenue-share payment is provided for by Virginia Code," Witt said.

After discussing buffers, setbacks and vegetation-retention incentives, Commissioner Kenny Howard moved to table the broader solar ordinance discussion until the next Planning Commission meeting; Eugene Wells seconded and the motion carried unanimously. Staff also presented the commission's 2020 annual report before adjournment.

The commission's recommendation on the community meeting provision will go to county staff and the Board of Supervisors for consideration as part of any zoning ordinance amendment; the commission postponed further ordinance work until a subsequent meeting.