Planning commissioners recommend denial

On June 20, the Planning Commission, with a unanimous vote, recommended denial of the Sunfish Solar project. The project will now go to the Board of Supervisors; the date has not yet been set.

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The room was packed to the back wall. There was a strong turnout of Protect Orange VA supporters who attended and spoke against the application. The photo below was taken as people were still filling in the back part of the room.

The link to the meeting video is below; the Sunfish Solar portion of the meeting begins at 12:30.

https://orangecova.portal.civicclerk.com/event/385/media

Part of the commissioners' task during the meeting was to determine whether the project is in substantial accord with the Comprehensive Plan. Their recommendation to deny indicates the answer to that question is "no."

A look at substantial accord from our perspective:

This project putting 932 acres of land in lease to a solar developer and blocking out 434 acres of agricultural land under solar panels does support the vision of the Comprehensive Plan: to sustain the rural character of Orange County and enhance and improve quality of life for all its citizens.

The project will not sustain and enhance agricultural and forestal uses.

The project does not support the purpose of the A 2 future land use category: to protect a mix of agricultural activities, residential neighborhoods and small scale commercial uses.

The project includes a substation that can remain after decommissioning, calling into question whether this land will ever revert to agriculture.

This project is large scale industrial use and should not be placed on agricultural land.

Consider these reasons to oppose this project.

• A rural neighborhood would have to share space with industrial use: Hundreds of acres of panels and associated hardware will transform a rural neighborhood.

• Property values impact: A 2023 study by researchers at Lawrence Berkeley National Laboratory showed that property values for properties neighboring utility scale solar plants begin to decline with the start of construction and continue to decline for years. This study pointed out statistically significant effects with project siting on agricultural land, in rural areas and near larger solar plants by area (ie, Sunfish Solar). No one should have to take the hit on their property value.

• The impact of construction traffic. Expected construction traffic on 522, True Blue Road and Old Office Road will cause upheaval & safety concerns in the area for well over a year. The developer did not complete a traffic analysis & construction plan at the outset; they want to defer the analysis to the site plan stage. However, early on in the application review, VDOT clearly suggested a traffic plan be developed for during construction. Traffic is a public safety concern that the developer should not be dragging their feet on, especially with a project construction entrance planned for busy 522.

• Setbacks insufficient. Setbacks for non-participating properties were initially set at 50 feet and were only extended to 100' when requested by the county during the early review. Setbacks should be increased further to protect property values. Would you want a utility scale solar plant sited 100" from your home or property line?

Note: 5 years ago this same developer offered a traffic analysis and 150’ setbacks for properties and state roads as part of their initial application for a solar project in Culpeper County. Why is Orange is being shortchanged?

• The application refers to the project supporting the "increasing energy needs of residents and businesses." What is increasing at a rapid pace in Virginia is energy use by data centers, NOT residential use.

• The developer hasn't said a firm no to battery storage. They replied, "currently not contemplating" during their webinar when asked about battery storage." That's not a firm "no." Use of batteries would add another industrial element to this project. The condition suggested by the county for Cunningham Springs Solar (project denied) should be applied here: Any energy storage device or facility shall require an amendment to this SUP.

• The developer also said during their webinar, “no planned expansion.” However, county citizens during their comments referred to outreach for transmission rights of way and the possibility of additional land under lease to this same developer. This second project could be as a large as 1500 acres, further contributing to the further industrialization of a region of Orange County rich in history, character and natural beauty.

To read the Sunfish Solar application materials, visit the project page: https://orangecountyva.gov/1112/SUP-23-10-Sunfish-Solar

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