BZA Denies Orion

   An application from Orion Renewable Energy Group LLC for a special exception for a solar energy development near Paynesville in Saluda Township was denied in a unanimous vote by the Jefferson County board of Zoning Appeals on Tuesday.
   After two long meetings to hear public comments, the meeting on the board’s decision took just 10 minutes with 251 people gathered in the Community Building at the Jefferson County 4-H Fairgrounds.
   Prior to the action, BZA President David Ferguson announced the public comment period was over ant there would be no public comment prior to the vote. “Weve done our due diligence. We’ve had over 10 hours of meetings. We’ve had 54 people speak for and against, and we’ve had 48 people give up their time for other people to speak, so we’ve got a lot of good information from both sides,” Ferguson said. “Weve done our own work to filter through that” including contacting officials in Spencer and Jasper counties for their experience with solar in which “we’ve heard mixed things there, too. We’ve wanted to do our own homework, but we’ve really relied on the information that we have gotten from all of you, and it’s very much appreciated that you’re so passionate on each side, and using facts rather than emotion … I’ve heard from other counties where it was just a free-for-all, and board members have had to be escorted out, and you guys have been very respectful to us a board and each other, and I hope that continues once this vote is done.”
   Based on six findings of fact, only one selected as “true” or acceptable by each of the four voting board members. On the question on whether “adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided,” board members Jenny Beverly and Ferguson each explained their reasoning, stating that is the role of the county highway department and the Commissioners.
   However, the response on the other five findings were all “false” or unacceptable. On the question of whether the solar project is “injurious to the use, value and enjoyment of other property in the immediate vicinity for the purposes already permitted,” Ferguson said that was false “due to being injurious to the property values in the area adjacent to the surrounding project.”
   Board member Kellen Cronen made the motion to deny the application, Beverly seconded, and the vote was unanimous.
   Even though the application was denied, Orion can reapply but must wait until after a one-year moratorium on solar applications that runs through Sept. 19, 2025. With a technical committee established to improve solar regulations in the county’s Unified Development Ordinance, the Commissioners established a one-year moratorium in September of this year in order to make the updates before any additional solar applications are received or considered. Orion’s application was allowed to move forward because it had been filed before the moratorium was approved.
   In his comments prior to the vote, Ferguson said, “If it happens to be denied, there is a moratorium on and the applicant can apply after the moratorium is off. So, it doesn’t mean it’s completely dead forever, they can reapply on that.”
   On Wednesday, Michael Cressner, Orion vice president of development, said, “While the BZA’s vote was disappointing we thank the board and the community for their time, consideration and participation. We remain encouraged by the hundreds of families across the community who publicly supported our project as demonstrated through petitions and at public hearings. As long as the project’s landowners want to keep moving forward, we will continue to work towards a winning scenario for them and Jefferson County.”
   Denise Spooner, a licensed real estate broker from Alexandria, spoke for one hour at the Nov. 7 public hearing, after more than 40 people conceded their time to her presentation and Hammond attorney Laureen White spoke for an additional half-hour. “I’m very pleased with the decision. The BZA had to make their findings of fact based on truth, period, and today the truth prevailed,” said Spooner.
   However, Amanda Jackson, one of those in Saluda Township with farmland to be leased by Orion, questioned the presentation that Spooner gave at that Nov. 7 meeting. “If you do a little digging, a lot of that presentation was very misleading and there was a lot of unfounded information in there that was just false,” Jackson said. “What role did that play in their decision? In a lot our opinions, the board’s decision was based on some of that.”
   Jackson said the denial of the solar application is a lost opportunity for Jefferson County, and particularly for Saluda Township, which she characterized “as one of the poorest townships in the state.”
   She said he doesn’t understand the concern about property values in that area. “What do you think the value of the homes already are?” she said, stating that the property values currently aren’t that great for many of the homes in Saluda Township. “This is very disappointing” but she said they are “not backing down” in continuing to stand up for the benefit of solar for Saluda Township. “A lot of us are tired of being passed over, and this was a missed opportunity.”
   Cressner said Orion is still considering whether to reapply in Saluda Township once the moratorium is lifted. “We are evaluating all of our options and what the next steps will be.”