Charlotte County planning commission defers Tall Pines Solar decision after split comments

The Charlotte County Planning Commission on April 26 opened a public hearing on NOVI Energy’s Tall Pines Solar conditional use permit, heard hours of public testimony both supporting and opposing the project, and deferred a final recommendation to the May 24 meeting.

NOVI Energy representatives described project changes including addition of a 15-acre parcel and roughly 50 additional acres of Parcel 27-A-14A, proposed site entrances, and planned setbacks and buffers. Preston Lloyd, a NOVI representative, told commissioners the application sought a 220-megawatt facility but that NOVI had applied for a 240-megawatt interconnection; he asked that any capacity limit in conditions be set at 240 MW. "Shovels should be in the ground in 2024 with completion in 2025," Lloyd said when asked about the timeline.

Lindsay Edwards of the Berkley Group, the County’s third-party reviewer, presented staff findings and recommended approval with conditions. Edwards noted the proposal exceeded the zoning ordinance’s 3% density threshold but said the Board of Supervisors could authorize an increase in this instance through permit conditions. Staff submitted two condition revisions before the hearing: removal of a 40-acre panel-area restriction in favor of Department of Wildlife Resources guidance and a 200-foot setback tied to the elevation of Roanoke Creek Dams 31B and 43A.

Public comment was sharply divided. Supporters — including several landowners and adjacent-property owners — cited lease income, local economic benefits and clean-energy goals. Opponents and conservation groups raised concerns about loss of farmland and trees, watershed and wildlife impacts, panel composition and potential contamination, visual impacts, and the pace of approvals; some urged a moratorium until state-level studies and additional guidance are available. "No for now," said P.K. Pettus of Keysville, urging the commission to await study findings.

Commissioners questioned NOVI and staff on several technical points. NOVI said it did not plan to use nutrient credits to meet stormwater requirements and that any increased output to 240 MW would come from equipment capacity improvements rather than expanding the project footprint. Staff confirmed that the 200-foot setback request from Southside Soil & Water Conservation District had been incorporated into proposed Condition #5, and NOVI agreed to that revision.

During deliberations in the regular meeting, the Commission approved revised conditions to include a 240 MW maximum capacity; that motion passed with Commissioner Miller Adams voting no and the remainder present voting yes. Commissioners then voted on competing recommendations to the Board of Supervisors: a motion to recommend denial failed on a roll call, and a subsequent motion to recommend approval with staff conditions (as revised to include the 240 MW cap and the recommended Condition #5 and #7 revisions) also failed. With the formal recommendations unsuccessful, the Commission voted unanimously to defer final action on the Tall Pines permit to its next regular meeting on May 24. Staff noted the Board of Supervisors’ decision deadline is June 1.

The record shows commissioners debated the pace of permitting in the county, the limits of local authority on technical environmental matters, and whether conditions could sufficiently mitigate impacts. Staff clarified decommissioning guarantees may be satisfied by cash escrow, bond or letter of credit under the zoning ordinance.

The Planning Commission also took procedural action to schedule Randolph Solar for separate review at a May 3 meeting to be held at Randolph-Henry High School, and adjourned after general public comment.

Next steps: the Tall Pines Solar conditional use permit remains pending; the Planning Commission will revisit the item on May 24 and forward any formal recommendation to the Board of Supervisors before the June 1 decision deadline.