Planning commission defers recommendation on contested 5‑MW Lavender Solar project after 3–3 tie

The Charlotte County Planning Commission on June 20 heard extended testimony for and against Lavender Solar’s proposal for a 5‑megawatt utility‑scale solar facility along the Charlotte/Prince Edward county line and ultimately voted to defer its recommendation to the Board of Supervisors to the July 18 meeting.

Vice‑Chairman Jim Benn recessed the meeting for a public hearing on the project, which is proposed on property identified as Tax Parcels #4‑A‑19 and 9‑A‑9 adjacent to Route 47 (Thomas Jefferson Highway) and Tower Loop Road. County reviewer Michael Zehner of the Berkley Group told commissioners staff recommended a larger vegetative buffer of 100 feet along Tower Loop Road, elimination of a Route 47 entrance, and no project disturbance within 400 feet of Route 47 except as minimally necessary for interconnection. Zehner also noted the project site is in an area that exceeds the zoning ordinance’s 3% solar density threshold but that the Board of Supervisors could waive density in appropriate cases.

Developer Brennan McKone of Inovateus said the Route 47 entrance already exists and “was needed by Dominion for maintenance of the interconnection,” and described design adjustments including removal of equipment from steep slopes and an upgraded walking path to the Mt. Lyle cemetery. Inovateus’s land‑use attorney, Ann Cosby, told the commission the developer would work on a boundary agreement with Mt. Lyle Church and accept staff’s recommended conditions where practicable.

Local residents and landowners provided both opposition and support. Kia Scott (Tower Road, Pamplin) opposed the project, citing forestry and watershed impacts, impacts to an historic cemetery and the rural character of the area, and what she described as a limited fiscal return — “the fiscal benefit of only $12,500 a year,” she said, based on a 40‑year project life. Opponents also raised concerns about property values, tourism, proximity to other solar projects, and whether all burial sites had been identified. Supporters, including landowner Andrew Elder and some local businesses, said the project would help farm income and create local jobs; Mt. Lyle Church provided a written response saying Inovateus had been responsive and did not object if the landowner’s rights did not hinder those of others.

Commissioners debated boundary accuracy, protection of Mt. Lyle Cemetery, the Route 47 entrance and enforcement language. Commissioner Belinda Strom pressed whether the church‑provided boundary information and Chronicle Heritage’s cemetery survey had identified all burials; Zehner and Cosby suggested recording a boundary line agreement as a condition to resolve ownership and buffer issues. Staff recommended changing Condition #16 language to tighten protection of the Virginia Scenic Byway and to restrict disturbance near Route 47; commissioners discussed whether the entrance should be prohibited (staff preferred that outcome) or managed through stronger mitigation and coordination with VDOT.

Commissioner Eugene Wells moved to recommend approval with staff conditions, amending Condition #16 from “shall” to “should” and adding a requirement that the landowners record a boundary line agreement. Mike Price seconded. A substitute motion to deny, offered by Commissioner David Watkins, was ruled out of order by the chair. A roll‑call vote on Wells’ motion produced a 3–3 split (Wells, Price and Benn — Yes; Watkins, Strom and Andrews — No), causing the motion to fail. Staff then asked the commission to either provide a recommendation or defer. Patrick Andrews moved to defer the recommendation to the Board of Supervisors until the Commission’s July 18 meeting (later corrected to a 7:00 p.m. start time); the amended motion carried unanimously.

The deferral leaves unresolved whether the Board will be asked to waive the county ordinance’s 3% solar density limit and whether the Route 47 entrance will be allowed. The record shows the developer has agreed to pursue a boundary agreement with the church; staff will continue working on ingress/egress mitigation language and final condition wording before the July 18 meeting. The Planning Commission’s recommendation will be forwarded to the Board of Supervisors for final action unless the Board elects to take independent action first.