Planning commission recommends denial of 5‑MW Lavender Solar permit, citing cemetery and density concerns

The Charlotte County Planning Commission on July 18 recommended denial of Lavender Solar, LLC’s conditional use permit for a proposed 5‑megawatt solar facility after a third‑party review and public comment.

Darla Orr Odom of the Berkley Group, the county’s third‑party reviewer, presented an updated memorandum addressing issues from the June meeting. Odom reported that applicant‑landowner boundary issues had been addressed with a recorded boundary agreement between Andrew Elder, Jr. and Mt. Lyle Church, and reviewed recommended conditions and outstanding concerns.

Lavender Solar representative Brennan McKone told the Commission he had worked with Mt. Lyle Church and said the church was satisfied with a 75‑foot setback and 25‑foot vegetation buffer; McKone also reviewed the applicant’s proposed financial payment of $25,000 per megawatt in Condition #48 and asked the Commission to reconsider Condition #12.

Commissioner Belinda Strom moved to adopt Option 2 and recommend denial. The motion’s findings included that the proposed use exceeds the maximum density allowed under Section 10‑23‑5 of the County’s Zoning Ordinance, that the project “does not ensure the optimal and balanced use of Charlotte County’s land and natural resources,” and that, because of the project’s location and design, impacts on Mt. Lyle Cemetery “cannot be appropriately mitigated.” The motion carried 5‑2 on a roll call vote (Belinda Strom‑Yes; Richard Vaughan‑Yes; Patrick Andrews‑Yes; W.V. Nichols‑No; Mike Price‑Yes; Miller Adams‑Yes; James Benn‑No).

Why it matters: The Commission’s recommendation to deny will be forwarded to the Board of Supervisors; the decision underscores cemetery protection and density limits as controlling local land‑use considerations. The applicant has presented mitigation measures and a proposed payment but did not obtain the Commission’s approval.