Henry County zoning panel rejects Axton solar project
The Henry County Board of Supervisors met for a regular meeting in the Summerlin Meeting Room on Tuesday.
MARTINSVILLE — The Board of Zoning Appeals rejected an Axton Solar project Tuesday after multiple public hearings and community meetings
Vesper Energy had gained approval from the Henry County BZA in December for a 1,000-acre solar project that had been studied for more than two years. They had been approved for 1,200 acres and were denied a request for an expansion, so they withdrew and reapplied.
But the majority of the members on the Board sided against Vesper on Monday over a percentage requirement in the county’s solar ordinance.
“[County Planner] Lee Clark came to us to set up the solar ordinance and we agreed on 2.5% of the acreage in a 5-mile radius. When Axton Solar got approval it was going to be 2.5%,” said Collinsville District Supervisor Joe Bryant. “Before us now is 93 acres on top of that. It opens the doors for other solar companies; it’s a Pandora’s box — if we don’t refuse this, we may be open to litigation.”
Bryant said he didn’t want to see the county in the middle of an expensive court case with a highly motivated company in an extremely competitive market.
“I’m scared we’re going to find ourselves in litigation,” Bryant said. “My firm belief is that the ordinance is set and we ought to follow it.”
Henry County Attorney George Lyle provided some background.
“The BZA approved up to 435 acres within the solar ordinance — 2.5% in a five-mile radius. The site plan is then submitted and it will be compared to what’s in the radius and it will be determined if they have more than 2.5%. It is projected that it could be about 93 acres in Henry County that would put it at 2.6%,” Lyle said. “It’s not known for sure because we don’t really know. Developers wanted assurance they could built-out the whole 435 acres and they wanted to be guaranteed to have the full project.”
Lyle said the proposed project in Henry County also spilled over into Pittsylvania County, and it is not clear at this point how much will be in either county.
The project would have been in the Iriswood District, represented by Garrett Dillard.
“You talk about good faith and that 93 acres is in the Iriswood District, and I think the citizens are in favor of it,” Dillard said. “This is an agreement that we are charged to work on and work with, and it would be good for the citizens of Henry County.”
Bryant said he had no problem with Axton Solar or its parent company, Vesper Energy.
“I just look at the possibility of damage to the area and end up in a legal battle. I just see that as a problem,” Bryant said. “If you make exceptions to the rules, it’s going to bite you every time.”
Said Reed Creek District Supervisor Tommy Slaughter: “If it’s not enforced it’s not worth the paper it’s written on.”
“The five-mile radius is not just in Henry County,” said Dillard. “They’re still not close to that 2.5% in Henry County alone. That’s something to consider.”
More debate ensued primarily between Bryant and Dillard, but when the motion by Dillard and seconded by Ridgeway District Supervisor Ryan Zehr, came to a vote, it failed 4-2 with Blackberry District Supervisor Jim Adams, Horsepasture District Supervisor Debra Buchanan, Slaughter and Bryant voting against and Dillard and Zehr voting for the motion.
“No comment,” Axton Solar Project Manager Trey Lopez told the Bulletin when the meeting recessed. “No comment, that’s all I’ve got to say.”
Vesper Energy Community Affairs Manager Alex Rohr said after the vote that the company would go back and see what could be done to accommodate the concern regarding land percentage.
“We will look at what the Board has said here today and go back and discuss this with the residents and see what, if anything, can be done,” Rohr said.
After the vote, Dillard accepted an opportunity from Adams for further discussion on the matter.
“We had a public hearing and most everyone spoke loudly in favor of this. Mr. Bryant calls it dangerous territory, but we have to be careful because these public hearings are to learn what citizens think and we had a resounding group of citizens to speak in favor,” Dillard said. “What becomes the purpose of a public hearing? There are folk in the Iriswood District that have land they want to invest and we need to consider those things and not just how we personally feel.”
Said Bryant: “This is not personal. It’s not personal at all. I’m for the project, but I’m against the 93 acres. It’s not personal. If you want an amendment, then bring Lee Clark in. We are following that ordinance. We voted on it: a five-mile radius and 2.5%.”
Bill Wyatt is a reporter for the Martinsville Bulletin. He can be reached at 276-591-7543. Follow him @billdwyatt.
