By DOTTY NIST
A vote by the Walton County Board of County Commissioners (BCC) has cleared the way for Gulf Power to reapply for what is to be the first solar energy facility in Walton County—and to obtain a development order for the project upon technical requirements being met.
The BCC vote was to approve an agreement to settle litigation involving the project. The decision took place at the July 13 BCC regular meeting at the Walton County Courthouse.
Seven months earlier, in December 2020, the BCC had voted 3-2 to deny Gulf Power’s request for the project, known as the Chautauqua Energy Center. To be the first of its kind in Walton County, the facility was proposed for 867 acres located approximately three miles east of the U.S. 331 North/SR-2A intersection in northwestern Walton County, on property used most recently mainly for raising cattle. The proposal had encountered strong opposition from neighbors in the farming community around the project site, although there was support for the project as well.
The December BCC decision had been followed by a January 2021 approval of a final order of denial, stating two reasons for the turning down of the application. These were that a majority of the board members had found that the project failed to retain 70 percent open space as required by the Walton County Land Development Code, and that the majority had determined that the project failed to meet code requirements for providing sufficient compatibility measures.
In February 2021, the county denial had been met with an appeal of the decision in Walton County Circuit Court, with Gulf Power seeking that the court negate the final order of denial.
Before the BCC on July 13 was a proposed eight-page settlement agreement presented by Clay Adkinson, acting county attorney.
Adkinson explained that shortly after the BCC denial of the project the county had become aware of a bill in the legislature that has since become law mandating that, by legislative preemption, solar energy facilities are designated as a permitted use in all agricultural land use categories in local government comprehensive plans and all agricultural zoning districts in unincorporated areas of counties.
He explained that no matter how confident Walton County might be about being able to prevail in court proceedings, “we’re fighting a battle when the war has already been decided, when the legislature made the determination to enact this statute and the governor signed it.”
Adkinson advised that, due to this law, the only options left to Walton County were to require landscape buffers and/or setbacks in connection with the project. While the county could amend its land development code to increase requirements for buffering and setbacks, he continued, the legislature has also mandated that any such requirements would have to apply not only to solar facilities but to all other agricultural uses.
“When the legislature passed this bill,” Adkinson continued, “we sat down with Gulf Power and attempted to negotiate some issues,” explaining that the resulting agreement negotiated would resolve the legal action and would reduce the footprint of the solar array on the property from 465 acres to approximately 398 acres. He noted that the 150-foot-wide setback adjacent to current and future residential uses had been expanded to additional areas than had previously been presented.
“There is an additional 8,765 linear feet of a vegetative landscape for the project that has been added from what you have previously seen,” Adkinson commented, adding that the perimeter fencing had been modified from chain-link fencing to more of a farm-style fencing.
In addition, he detailed, Gulf Power had agreed to implement water quality monitoring and testing in connection with the project, with data from that to be submitted to the county.
Other features of the agreement included a payment of $50,000 (increased from the previously-proposed $25,000) for future fire response, along with designation of a parcel on the property that would be a potential fire station site and also an open space requirement of 40 acres to provide a location for agricultural skill building education in the community.
Adkinson spoke of conferences that had been held in Tallahassee between the commissioners and Gulf Power but did not provide details on the meetings other than saying that one of the initial conferences had been held on the day the bill was passed and that District 3 Commissioner Barker had participated in that conference. He related that afterwards the BCC had held an executive session and made some additional requests to be discussed with Gulf Power.
He emphasized that the agreement before the BCC would put limits on what Gulf Power would be able to build on the site.
“I would note that this project does qualify as a minor development under the code,” Adkinson continued, explaining that the project had been classified as a minor project to start with but had been elevated to major project review by the planning director due to community impacts. Minor project status provides for a project to go before the Walton County Technical Review Committee (TRC) for review and final approval and does not require Walton County Planning Commission and BCC hearings.
Another aspect of the agreement was a commitment by Gulf Power in connection with any future solar energy facility projects in the same general area of Walton County, which, if proposed, per the agreement would be reviewed separately through the minor development process. Provided with the agreement was a map showing the geographic area (development boundary) of the future projects being contemplated.
According to the agreement, “Gulf Power commits that the total acreage for development of the Project and Future Projects within the Development Boundary, shall not exceed 4,500 acres, excluding any acreage needed for high-voltage electric transmission lines, unless expressly approved by the Board of County Commissioners.”
It was specified that this commitment would apply to projects within the development boundary for a 15-year period.
A further commitment was that total open space for the current project and future projects within the development boundary, total open space would average at least 70 percent, with the following to be used to calculate open space: areas between rows of solar panels (not including space under the panels), wetlands, surface water bodies, setbacks, and/or buffer areas, areas dedicated to Walton County through the agreement, and other areas not used for features of the projects.
Adkinson noted that this open space determination was much more “aggressive” than the one used by the state Department of Environment Protection (DEP) and more favorable to keeping open space than what had previously been proposed. He pointed out that, due to the new law, Walton County could no longer require open space for projects of this nature, but that, based on the agreement, Gulf Power had pledged to provide the open space committed to as defined in the agreement.
“So you’re securing far more than 800 to 900 acres, you’re securing roughly 4,500 acres in what they’ve represented are their future solar panel development plans in north Walton,” Adkinson concluded.
Barker remarked on how hard the county had tried to make the project a better one, along with other projects that Gulf Power may be envisioning in the area. “As Mr. Adkinson said, we lost the war with the legislature,” he acknowledged.
However, Barker was of the opinion that, as a result of the terms of the agreement, the project would now be a better one than it would have been if the BCC had approved it initially.
He also noted that the county had lobbied hard to keep the new law from passing.
Anderson, who along with Walton County Commission Chairman Trey Nick had voted to approve the solar facility in December 2020, said he had done so because he had not thought the county had “a leg to stand on,” in turning down the project. However, he thanked Barker for his hard work in negotiating the agreement. He observed that commissioners Barker, Glidewell, and McCormick had all “fought hard” to get the agreement.
District 2 Commissioner Danny Glidewell observed that preemption is one of the worst things that happens to county government on a wide range of issues. “This bill was aimed at us and Alachua County, and it was without regard to what the people of Walton County wanted,” Glidewell said.
“I don’t like it,” he continued, “I was raised in that area…it burns me up that we’re in this position.”
Glidewell was of the opinion that the county would win in court but said, “There’s no value in winning the battle and losing the war, and I have spent all weekend trying to figure out a way out of it and I simply can’t find a way out of it.”
Anderson moved to approve the agreement, with his motion receiving a second and being followed by public comment. While some speakers indicated approval of the agreement, most neighbors of the property who spoke were critical of the document.
A number of members of the neighboring Herring family spoke, with Ronald Herring raising the issue of whether all adjacent areas were being furnished with equal buffering. He urged the commissioners to negotiate to ensure that that was being provided.
Bruce Ward, a Liberty Community resident and farmer, called the opposition to the project “NIMBY,” and emphasized the importance of meeting electricity needs of the future.
He continued by saying that as a landowner he found it scary that the vote of three commissioners (the previous denial) could take most of the value of the land that he had invested everything in. He thanked the commissioners for the motion to approve the agreement.
Nancy Pelling, owner of property adjacent to the solar facility property, countered, “I’m not satisfied with the setbacks at this point at all.”
Pelling said she and her husband had lived on their property for 27 years and had started with bare land, working hard for everything they have. “Our property is being devalued,” she charged, “ours and our neighbors’.” She called for the officials to at least go back to the negotiating table.
Harrison Road resident and adjacent property owner Amy Honish brought up the need for her narrow road to be improved and told the commissioners that there would be no room to do that once the solar facility site is developed and the setbacks put in.
Peter Cocotos, in-house legal counsel for Gulf Power, commented that Gulf Power works hard to work with the community. “We don’t just leave town,” he told the gathering.
Asked whether buffers had been provided on the roads, Cocotos said he did not believe the roads were included because they were considered to have a natural buffer. He gave his word that Gulf Power would work with the county to provide five or ten feet to pave Harrison Road if needed.
A vote was taken, with the agreement being approved unanimously.
The settlement agreement and other information on the project may be viewed online at: https://tinyurl.com/fzs88ycp
Kimberly Blair, Gulf Power spokeswoman, commented on July 15 that Gulf Power was pleased with the decision by Walton County and “excited to bring more emissions-free solar energy to Northwest Florida as we usher in an even cleaner, more sustainable energy future for Florida.”
Blair continued, “ We have always been committed to working closely with landowners and local leaders as we bring more affordable solar energy to Florida, and nothing will change that commitment. Our solar energy facilities are local projects that operate in partnership with local communities, only after going through local development approvals. We are also committed to being a good neighbor for the duration of the life of the project. Our solar energy centers are great neighbors in agricultural communities—they provide millions in tax benefits to the county and job opportunities during construction. They also protect against urban sprawl or other more intensive uses and can protect and preserve wildlife habitats and increase biodiversity.”