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The proposed Warm Run solar project, recommended for approval Sept. 11 by the Rockbridge County Planning Commission, has been remanded back to the Commission for reconsideration at its Nov. 13 meeting.
The Board of Supervisors took this action Monday after a procedural question had been raised concerning one of the Commission members participating in the Sept. 11 meeting electronically. A new state law that went into effect July 1 requires that local government bodies annually adopt an electronic meeting policy.
The Planning Commission adopted such a policy at its Oct. 9 meeting. Prior to that, the Commission had last adopted an electronic meeting policy in 2022. Therefore, the legality of the action taken during the Sept. 11 meeting was brought into question.
“Out of an abundance of caution,” County Attorney John Dryden advised the supervisors Monday to remand the matter back to the Commission for it to reconsider the issue within 30 days. The special exception permit for the proposed Warm Run solar project was an agenda item for Monday’s supervisors’ meeting.
At the Sept. 11 meeting, member Tony Subrizi, who was on vacation, joined the meeting remotely, via Zoom, in accordance with the Com- mission’s electronic meeting policy that had been adopted in 2022. Subrizi participated in the discussion and seconded a motion by David Whitmore to recommend approval of a special exception permit. Whitmore, Subrizi and Tom Beebe provided the affirmative votes to the motion, which passed 3-2.
After hearing the county attorney’s recommendation to remand the matter back to the Planning Commission to reconsider it within 30 days, Bob Day made a motion to that effect Monday that was adopted by the supervisors on a 5-0 vote.
In a memorandum from Chris Slaydon, the county’s director of community development, that was among the agenda items for Monday’s meeting, Slaydon suggested a couple of additional conditions that could be included with a special exception permit for the Warm Run solar application.
One was a condition submitted by the applicant Oct. 24 to pay for certain fire protection equipment that could be used in the event of a fire at the solar array. Acquiring this equipment was suggested by Nathan Ramsey, the county’s fire and rescue chief, after he reviewed the plans for the proposed facility. Another possible condition Slaydon alluded to in his memorandum pertained to the contemplated action’s “consistency with the [county’s] Comprehensive Plan.”
The Warm Run solar project is a proposed 3.0 megawatts facility that would go on 34 acres of the 167-acre Huffman farm near the U.S. 11/Interstate 64 interchange, north of Lexington. A lengthy public hearing was held in August before the Planning Commission in which a couple of dozen people spoke, with most expressing opposition.
Opponents said the unsightliness of solar panels would mar scenic views, with some suggesting that they posed environmental hazards as well. Proponents contended that solar energy takes the place of fossil fuels, therefore helping to combat the harmful effects of climate change. Supporters suggested that the project would be well sited and not very visible.
Even though the supervisors did not act on the Warm Run solar project application Monday, Chair Leslie Ayers allowed for a comment period for citizens who wished to speak on the issue. About a dozen people spoke, with, again, the majority opposing the solar project.
Kris Baumann, who spoke in opposition to the project at the August public hearing, said Monday he had raised the issue about the legality of a Planning Commission member participating in the meeting electronically. Without that member’s vote, Baumann said, the motion to approve the special exception permit would have been defeated on a 2-2 tie vote.
“I’m against solar fields on farmland,” said Gary Ruley. “I’d rather see cows or corn. … Food is more important than energy.”
Speaking in favor of the project was Fred Fevrier, who said it is very important to stop carbon emissions to combat climate change. Warnings about global warming ought to be heeded, he said. The solar array would be a small but important step in that direction, he contended.
