Planning Commission defers Lavender Solar decision after cemetery ownership and access concerns

The Charlotte County Planning Commission on Jan. 18 deferred a decision on a proposed 5-megawatt Lavender Solar photovoltaic facility after members and public commenters said more information is needed about impacts to a cemetery adjacent to the project site and about grading and stormwater practices.

Commissioners heard public comments from members of Mt. Lyle Church and local residents who said historical deeds and on-the-ground visits raised questions about the cemetery’s ownership and size. "I located 1911, 1916 deeds for the property that transferred 1.5 acres from Mr. McKinney to Mr. Lyle," citizen Anne Dixon told the commission. Another resident, Cornell Goldman, said his site visit found the cemetery occupied about one-quarter of an acre.

Third-party reviewer Linds Edwards of the Berkley Group told commissioners the applicant’s amendment still contemplates grading slopes greater than 15% and that the applicant needed to clarify whether a 100-foot wetland/stream area proposed near the site was an undisturbed buffer or a setback. Edwards said the Berkley Group’s primary concern at this time was insufficient information to fully evaluate potential impacts to the cemetery.

Representatives of the applicant, Inovateus Solar, addressed access and safety concerns in response to public comment. Brennan McKone said Inovateus would "comply with Virginia’s cemetery access requirements," that the company planned to post contact information on all gates, and to place a key in a secured key box for trained individuals who would escort visitors. Attorney Anne Neil Cosby of GreeneHurlocker told the commission the applicant "was willing to provide the church a key and would ensure respectful treatment of the cemetery" and recommended that appropriate conditions be considered during any conditional use permit review.

Commissioners discussed avoidance of slopes greater than 15% and noted stormwater management is a particular concern for large-area solar facilities. After several substitute motions, the commission voted to defer the conditional use permit decision under Va. Code § 15.2-2232 until the Planning Commission meeting scheduled for 7:00 p.m. on Feb. 15, 2024, in the Board of Supervisors meeting room so staff and the applicant could develop or clarify conditions addressing cemetery access, buffers, grading and stormwater practices.

The meeting record shows a substitute motion to find the project not substantially in accord with the comprehensive plan failed on a roll-call vote. A later substitute to defer carried by roll-call vote; the chair then called the roll to adopt the deferral and the motion carried with all members present voting yes.

Staff also reported that the Board of Supervisors has set a public hearing related to comprehensive plan updates and revised the county’s proposed solar cap language to be more general in accordance with state code; the cap was reduced from a 5% recommendation to 4% of total land area.