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Hamilton County BZA Unanimously Denies Aypa Power's Noblesville Battery Storage Facility Amidst Community Opposition

2 months ago
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Hamilton County BZA Unanimously Denies Aypa Power's Noblesville Battery Storage Facility Amidst Community Opposition

Key Insights

  • The Hamilton County Board of Zoning Appeals unanimously denied a land use variance for Aypa Power's proposed 70-acre battery energy storage facility in Noblesville, Indiana.

  • The denial on July 23 followed significant community opposition citing concerns over environmental impact, fire hazards, property values, and the industrialization of a residential area.

  • Aypa Power argued the facility was crucial for enhancing Indiana's grid reliability and managing peak energy demand, supporting the state's economic growth.

  • The BZA's decision was based on the petitioner's failure to meet specific Indiana Code criteria, particularly regarding 'unnecessary hardship' and alignment with the county's comprehensive plan.

The Hamilton County Board of Zoning Appeals (BZA) unanimously rejected a land use variance for Aypa Power’s proposed 70-acre Kingfisher Reserve Battery Energy Storage System (BESS) at its July 23 meeting. The decision, concerning a site at 215th Street and Overdorf Road in Noblesville, Indiana, followed extensive public testimony from dozens of residents opposing the project.

Aypa Power, a developer and operator of utility-scale energy storage and hybrid renewable energy projects, had sought the variance to establish a large-scale lithium-ion battery facility designed to store electrical energy for grid stabilization and peak demand shaving. Brandon Gahman, senior development manager for Aypa Power, emphasized the critical need for such infrastructure to support Indiana’s rapid growth in residential, business, and manufacturing sectors. “We need grid reliability, grid resiliency and we need to shave those peaks in the demand curve. Battery energy storage systems are the perfect key for that,” Gahman stated, highlighting the BESS’s role in enhancing grid stability.

However, local residents voiced strong opposition, citing a range of concerns including potential impacts on wildlife, fire hazards, diminished property values, and risks to surrounding waterways like the White River. Carmen Clift, an Overdorf Road resident, articulated the community’s sentiment, stating, “This is a massive facility, and it would introduce industrial-scale infrastructure into a peaceful farming and residential community. Industrial facilities belong in industrial zones. This land should not be sacrificed for a private company’s convenience.”

C.J. Taylor, director of the Hamilton County Plan Commission, clarified that BZA members must affirmatively answer five criteria as stipulated by Indiana Code for a variance to be granted. The board’s decision hinged on the petitioner’s inability to satisfy these statutory requirements. Taylor confirmed that all four present board members could not affirm the “unnecessary hardship” criterion, and two members also failed to affirm the “comprehensive plan” criterion, leading to the unanimous denial.

Aypa Power retains the option to appeal the BZA’s decision to the local circuit court within 30 days. Such an appeal would prompt a judicial review of the BZA’s ruling, with potential outcomes including upholding the board’s decision, remanding the case for a new hearing, or overturning the denial and granting the variance. The next BZA meeting is scheduled for August 27 at the Hamilton County Government and Judicial Center.