The Envision Jefferson 2035 Comprehensive Plan (adopted in 2015) mentioned renewable energy, but it did not include any specific references or guidance for developing industrial-scale solar generation facilities. At the beginning of 2020, the Jefferson County zoning ordinance also had no provisions for permitting industrial-scale solar generation facilities anywhere in the county.
At its February 2020 meeting, the Jefferson County Planning Commission held a work session to discuss amending the county’s zoning ordinance to allow for industrial-scale solar projects to be developed in Jefferson County. The Planning Commission was responding to correspondence it had received in December 2019 from a local landowner and Torch, a solar project development company. The landowner’s letter stated:
I am requesting that the County amend its Zoning Ordinance to allow for solar farms in the Rural District as a Conditional Use. Solar is a safe, quiet, and passive use of the land, and would provide value to landowners and the County as a whole. It would also be consistent with the Comprehensive Plan’s stated goal: the “Enhancement of the Rural Economy.”
Planning Commission Expands The Scope Of Solar Amendment
Following the work session meeting, the Planning Commission directed its staff to propose a draft text amendment to the county zoning ordinance, which ultimately resulted in text amendment ZTA19-03. The Planning Commission met on June 23 2020 to review amendment ZTA19-03, which provided language to allow industrial-scale solar projects to be permitted in the rural, residential growth, general commercial, highway commercial, residential-light industrial-commercial, and all other industrial districts.
During this meeting, the Planning Commission questioned Angela Banks, the Jefferson County Assessor about how these solar facilities would be assessed for property tax. According to the meeting minutes, Banks stated “the part of the property with solar panels would be taxed as commercial, Class 3 or 4. The person who owns the panels would also be assessed as a public utility and and it would be considered industrial.”
The text prepared by the planning staff included the “conditional use” language that was requested by the landowner. Planning Commissioner Wade Louthan made a motion to designate solar facilities as a principal permitted use (versus the originally-requested conditional use permit type) in all of the zoning districts included in the amendment. This amendment passed 7-2, with Commissioners Mike Shepp and Ron Thomas opposed.
According to the June 23 2020 meeting minutes, Planning Commissioner Steve Stolipher made a motion, seconded by Jack Hefestay, to recommend the revised ZTA19-03 amendment draft to the County Commission. The vote to send it to the County Commission was 8-1, with Ralph Lorenzetti (the County Commissioner designated to serve on the Planning Commission) opposed.
[READ MORE: A Look at Rural Zoning, Permitted Use & Conditional Use]
Solar Amendment ZTA19-03 — Adopted, Then Vacated
Following the Planning Commission’s recommendation, the Jefferson County Commission held two workshops and a public hearing on the proposed amendment during the summer and early fall of 2020. The County Commission then voted at it’s October 1 2020 meeting to adopt amendment ZTA19-03 to the zoning ordinance. According to the meeting minutes, the motion to adopt the amendment was made by Commissioner Patricia Noland, and passed 3-2. Commissioners Noland, Josh Compton, and Caleb Hudson voted yes; Commissioners Jane Tabb and Ralph Lorenzetti voted no.
Two months later, In December 2020, the County Commission voted to vacate their approval of the amendment, citing procedural issues, and requested the Planning Commission to review the ZTA19-03 amendment again.
Restarting The Zoning Amendment Process
On February 9, 2021, the Planning Commission held another public hearing on the ZTA19-03 amendment at its regular meeting. On February 23, the Planning Commission convened a special meeting to discuss the public comments and the amendment language. Both of these meetings were conducted online only. The agenda packet for the February 23 meeting, which includes the proposed amendment text and comments submitted by the public is available at the Jefferson County website.
Following the discussion at the February 23, 2021 meeting, the Planning Commission requested its legal council to prepare an analysis of the compatibility of amendment ZTA19-03 with the County’s comprehensive plan. The Planning Commission reviewed this legal analysis on March 9, 2021. Planning Commissioners Shane Roper and Steve Stolphier recused themselves from this discussion and the subsequent votes. Following the review, Commissioner Jack Hefestay made the motion, seconded by Matt Knott, to accept the “findings of fact and conclusions of law” provided by the Planning Commission’s legal counsel. According to the February 23 2021 meeting minutes, The vote to recommend amendment ZTA19-03 back to the County Commission was unanimous.
A Solar Amendment to the Zoning Ordinance — Adopted Again
On April 12, 2021, the Jefferson County Commission held a public hearing and then entered into executive session to receive legal advice. Following the executive session, Commissioner Josh Compton made an amended motion to add additional language to the zoning amendment to allow for a reduced setback of 50 feet from the property line if a vegetation screen is provided by the developer. According to the April 12 2021 meeting minutes, Commissioners Josh Compton, Caleb Hudson and Tricia Jackson voted to approve the setback reduction and Commissioner Jane Tabb voted against the revision. The vote on the main motion was the same, with Commissioners Compton, Hudson and Jackson voting for amendment ZTA19-03 and Commissioner Tabb voting against. Commissioner Steve Stolipher did not attend the April 12 meeting, citing his practice to recuse himself from any of the discussions on the solar text amendment.
In the language of the motion, the Commission stated that if found “the amendment consistent with the adopted Comprehensive Plan, and to the extent the amendment is inconsistent with the Comprehensive Plan, we find that there have been major changes in the economic, physical and social nature of the area involved that were not anticipated when the Comprehensive Plan was adopted and those changes have substantially altered the basic characteristics of the area,” and made the motion effective April 13, 2021 (the following day).
With this ZTA19-03 amendment, Jefferson County’s zoning ordinance allowed industrial-scale solar energy facilities to process as a principal permitted use (i.e., by right) in the rural, residential growth, general commercial, highway commercial, light industrial, major industrial, residential light industrial-commercial, and industrial commercial zoning districts.
In the week after the vote, on April 21, Commissioner Josh Compton publicly confirmed that he would be resigning from the Commission, effective May 1 2021.
Solar Amendment Rejected by Court
On August 16, 2021 Judge Debra McLaughlin, in the Circuit Court of Jefferson County, issued a ruling that invalidated the text amendment ZTA19-03 to the Jefferson County zoning ordinance. In her ruling, Judge McLaughlin found insufficient evidence that the amendment was in agreement with Jefferson County’s Comprehensive Plan, stating that the required findings of facts by the Commission “to be woefully lacking in any reference to the comprehensive plan, noting that they contain only 2 citations to the comprehensive plan and only one of the two actually speaks in favor of solar energy.”
A Court Settlement Restarts The Amendment Process Again
On April 5, 2022, the County Commission announced a settlement in the ZTA19-03 court case. The Commission voted to proceed with a new revision of the amendment to the Comprehensive Plan to allow for utility-scale solar projects based on the previously-invalidated amendment but with added restrictions depending on the land use designation in the Comprehensive Plan. The County Commission then requested the Planning Commission to draft a new zoning ordinance amendment based on this motion.
The Planning Commission reviewed a draft of the new revision of the solar amendment, ZTA22-01, at its April 19 2022 meeting and held a public hearing on the draft amendment on May 17 2022. Immediately following the public hearing, the Planning Commission voted to approve the draft amendment and forward it to the County Commission, with a finding that the proposed “draft text amendment is consistent with the Envision Jefferson 2035 Comprehensive Plan.” According to the May 17 2022 meeting minutes, Planning Commission members voting to approve were Mike Shepp, Matt Knott, Wade Louthan, Jack Hefestay, Donnie Fisher, and J. Ware; Shane Roper and Steve Stolipher recused themselves from the discussion and vote; Ron Thomas was absent with notice from the meeting.
The County Commission voted to schedule a public hearing on amendment ZTA22-01 on June 9, at 9:30 in the morning. Following comment from six individuals, the Commission closed the public hearing and then voted to accept and adopt the proposed text amendment. According to the June 9 2022 meeting minutes, this motion was proposed by Commissioner Tricia Jackson and seconded by Commissioner Clare Ath. Commissioners Caleb Hudon and Jane Tabb voted against the motion, with Commissioner Steve Stolpher abstained, resulting in a 2-2 tie, so the motion to adopt the proposed text amendment failed.
The following week, at the June 16 County Commission meeting, Commissioner Jackson again made a motion to accept and adopt the proposed ZTA22-01 text amendment. The vote at the June 16 2022 meeting was 4-0 (with Commissioner Stolipher abstaining). The ZTA22-01 amendment to the zoning ordinance was effective immediately.
This page was originally published on July 29, 2020; updated on June 17, 2022 (resolution of legal challenge and re-adoption); updated September 22 2024 (add links to meeting minutes and Planning Commission website).
By Steve Pearson