HomeMy WebLinkAbout03-03-2020
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March 3, 2020
IREDELL COUNTY BOARD OF COMMISSIONERS
PRE-AGENDA MINUTES
March 3, 2020
The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, March
3, 2020 at 5:00 PM, in the Commissioners’ Meeting Room located in the Iredell County
Government Center 200 South Center Street, Statesville, NC.
Board Members Present
Chairman James Mallory
Vice Chairman Tommy Bowles
Marvin Norman
Ken Robertson
Board Members Absent
Gene Houpe
Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek,
and Clerk to the Board Amy Anderson.
CALL TO ORDER: Chairman James Mallory called the meeting to order.
ADJUSTMENTS TO THE AGENDA:
Add: Update on COVID-19
Resolution regarding House Bill 966 requested by Senator Sawyer
PUBLIC HEARINGS
(None)
ADMINISTRATIVE MATTERS
Request from Parks & Recreation for approval of budget amendment 22 in the
amount of $22,000 donated by the Rotary Club of Statesville, to help build a new picnic
shelter at the Ropes Challenge Course: Parks and Recreation Director Michelle Hepler said
approval of the budget amendment will provide 33% of the entire project costs. The remaining
funds are currently allocated in the department’s depreciable assets line. The collaborative
approach further enhances parks facilities without further expending the department’s budget.
Rotary Club President Jim Misxon presented a check to Chairman Mallory.
This item was placed on consent.
Request from Planning & Development for a public hearing on March 17, 2020 at
7pm in regard to a text amendment to the Land Development Code: Planning Director
Matthew Todd said the text amendment will change the current Special Use Requirement (from
the Board of Adjustment) for solar farms to a legislative process where a rezoning would need to
take place. Also, specifically restricting the decommissioning process.
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Chairman Mallory said Planning Board member Jerry Santoni did a lot of hefty research.
Mallory would like to refer the text amendment to the Economic Development Task for review
and address any specific questions, and bring the item back in 30 days to call for the public hearing.
Commissioner Robertson agreed.
Chairman Mallory said farms of a certain size could affect the County’s tax base. Farms
receive an 80% tax break on all equipment expense. The land typically is no longer in farm use
present value and not marketable. There is valid argument that land value could diminish. Mallory
said it would be interesting to find out how other solar farms are treated as far as land value and
equipment purchases. Another issue is taking the land out of any other use for 30 years. Residents
expect to see certain things in a Residential Agricultural zoning district, but not 200 acres of solar
panels. Mallory shared the Board should be able to take neighbors’ comments in account during
consideration.
Vice Chairman Bowles asked if staff looked at other counties.
Todd said yes. The County is line with the NC Clean Tech Center.
Chairman Mallory said the Board of Adjustment is quasi-judicial and citizens have to hire
an attorney in order for their voices to be heard, and citizens should be able to voice concerns on
something that is going to affect them. This should be spelled in the text amendment. Visual impact
is a consideration but it may not be the overriding factor.
The Board deferred the text amendment to the Economic Development Task Force along
with Jerry Santoni for additional vetting and return to the Board in 30 da ys to set the public hearing.
IREDELL COUNTY PLANNING & DEVELOPMENT
PLANNING STAFF REPORT
Proposed Text Amendment – Require Conditional District Rezoning for
Solar Farm Use and update decommissioning process within
Performance Requirements: R65 Solar Farms
EXPLANATION OF THE REQUEST
Staff is proposing amendments to Chapters 2 and 3, of the Iredell County Land Development
Code, concerning Solar Farms. Major amendments include updating use terminology to Solar
Energy Systems, calling for a Conditional District Rezoning process vs. Special Use Permit (BOA),
and more stringent bonding and decommissioning requirements.
Existing text that is bold and with strike through is text to be removed. Text in red and underlined
is new text to be added and was reviewed for recommendation by Planning Board on February
5, 2020.
STAFF COMMENTS
Chapter 3 deals with specific land uses and provides additional requirements for those uses above
the basic standards of the code.
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March 3, 2020
With interest in solar energy facilities continuing to grow, the Iredell County Board of Commissioners
discussed the current solar farm requirements per the Land Development Code at their Fall
Retreat, and requested that Planning Staff research plausible updates. These type solar farm
facilities are currently allowed in the AC and RA residential districts through the Special Use Permit
process, as well as by right in the M-1 and M-2 manufacturing districts. Currently, we have had six
applications for such facilities throughout the County: 1 was denied (~400 ac.), 5 have been
permitted but never built (ranging from 5 to 250 ac.), with only 1 built and operating (~39 ac.).
Staff is recommending a more contemporary name change, from “Solar Farm” use to “Solar
Energy System” that require a conditional rezoning in the AC and RA residential districts, with both
Planning Board and Board of Commissioner hearings. Plus, performance requirements in the M -1
and M-2 districts, as amended for Section R65 Solar Energy Systems. Conditional rezoning hearin gs
and revised Section R65 performance requirements will provide for more County and public input
involvement regarding the placement and long-term maintenance of such sites, as well as
allowing for additional site-specific conditions. The official definition of the use, per Chapter 16,
will not change.
Above all, in order to safeguard against neglect and/or abandonment of such facilities, it was felt
that the code needed to further address provisions for decommissioning and/or the restoration of
such sites upon reaching the end of their intended life span. “Decommissioning” refers to
removing solar components and restoring the project site to prior conditions when the solar farm
stops operating. Staff compared county regulations across the State and noted standard
requirements for solar farm decommissioning plans that include a monetary bonding/
performance guarantee for a value determined by a licensed engineer or a licensed contractor,
as well as periodic re-evaluation of these values into the future. It was also found that officially
recording decommissioning plans, with the Register of Deeds as part of the land record, is
common practice.
TEXT AMENDMENTS
Performance Requirements (Chapter 3)
R65 Solar Energy Systems
Solar Energy Systems shall meet the following criteria. In the AC and RA zoning districts a
Conditional District Zoning is required. Solar collection devices attached to rooftops or buildings
are allowed in all zoning districts and are exempt from these requirements.
A. The applicant must include a site plan drawn to scale that meets the requirements of Section
9.2.1 and the requirements below.
A.B. Solar collection devices shall be designed and located to avoid glare or reflection onto
adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety
hazard.
B C. Solar farms Solar Energy Systems shall not be located within an airport primary approach zone
as described in Section 4.6.1.
C.D. All related equipment must be enclosed by a fence at least six (6) feet in height and must
have clearly visible warning signage concerning voltage.
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D.E. An emergency shut-off mechanism is required and notice of its location should be submitted
to Iredell County Emergency Management. The mechanism shall b e clearly identified and
unobstructed and shall be noted clearly on the site plan.
E.F. No business signs, billboards, or other advertising shall be installed on a solar device.
F.G. Removal of Solar Energy System equipment and site restoration:
1. The property owner or responsible party shall have six (6) months to complete
decommissioning of the solar facility if no electricity is generated for a continuous
period of twelve (12) months, unless the responsible party provides substantial
evidence (updated every six (6) months after twelve (12) months of no energy
production) to the Zoning Administrator of the intent to maintain and reinstate the
operation of the facility. A project is properly decommissioned when all structures and
equipment are removed and the site is re-vegetated.
Applicant must submit decommissioning plans that describe the anticipated life of the
solar project, the party responsible for decommissioning, the estimated
decommissioning costs in current dollars, and the method for ensuring that funds will
be available for decommissioning and restoration.
2. A decommissioning plan shall be required as part of the Conditional District Zoning
application. This plan shall be prepared by a third party engineer and must be signed
off by the party responsible for decommissioning. The following items are required to
be addressed or included:
a.) The identification of the party currently responsible for decommissioning.
b.) All costs for the removal of solar panels, buildings, cabling, electrical
components, roads, fencing, and any other associated facilities down to 36
inches below grade.
c.) All costs associated with provisions to restore the land to a condition
reasonably similar to its condition before development; including but no t limited
to: stabilizing the soil, restoring the ground cover, and disposal of all materials per
good management practices that are in effect at the time of decommissioning,
3. Prior to the issuance of the building permit, the decommissioning plan shal l be
recorded by the applicant in the Iredell County Register of Deeds.
4. The decommissioning plan and estimated cost of removal shall be updated every five
(5) years or upon change of ownership of either the property or the project’s owner.
Any changes or updates to the plan shall be recorded in the County’s Register of
Deeds.
5. The owner of the solar energy system shall provide a bond, cash escrow, or
irrevocable letter of credit in favor of the County in an amount equal to 1.25 times the
estimated decommissioning cost prior to the issuing of a zoning permit.
6. The full amount of the bond, certified check, or letter of credit must remain in full
force and effect until the solar farm is decommissioned and any necessary site
restoration is comple ted.
7. The landowner or tenant must notify the county when the site is abandoned.
G.H. The applicant shall be required to provide a written affidavit documentation stating that
the facility is in compliance with all applicable Federal and State regul ations.
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H.I. Setbacks
1. A solar device All related equipment within a solar farm solar energy system may not
be closer than 500 feet to any existing residential dwelling, excluding any dwellings on
the same parcel of land as the device.
2. Solar collection devices All related equipment must be set back fifty (50) feet from any
existing residentially zoned property line, one hundred (100) feet from a perennial
stream, and ten (10) feet from any existing commercial or industrially zoned property
at time of application.
I. Solar collection devices attached to rooftops or buildings are exempt from requirements C
and H above.
J. This section does not pertain to solar devices generating energy solely for on-site use, or
rooftop mounted systems.
K. Screening requirements may be added to address site specific and neighbor concerns as
part of the Conditional Rezoning Process.
L. The Planning Director shall examine the progress made toward developing the property per
Section 11.6 (K).
Zoning Districts (Chapter 2)
Section 2.21.5 Public Works Facilities, Utilities, & Infrastructure Uses
USES AC RA RUR RR R20 R12 R8 RO OI NB HB GB M1 M2 R
Solar
Energy
System
Rezoning to
AC-CZ or RA-
CZ
See Section
11.6
R R 65
Definitions (Chapter 16)
Section 16.4 Definitions
Solar Energy System. An array of solar collection devices (including all related equipment) to
generate solar energy for collection and distribution, predominantly off-site use.
PLANNING BOARD ACTION: On February 5, 2020, the Planning Board held a public meeting to
review the new solar energy systems text amendments. One Iredell County Board of Adjustment
member, Mr. John Allen, spoke toward his concerns of unanswered questions during official
testimony around developmental aspects of these facilities. After much deliberation, mostly
about environmental aspects, planning board members suggested an increase to the stream
buffer requirement, and an addendum summary of Mr. Santoni’s research to be submitted to
the Board of Commissioners. Thus, the board voted 6-3 to recommend in favor of the text
amendment with the following motion (those opposed included Tsumas, Palmes, and Santoni):
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Motion to recommend approval of the zoning text amendments with one addition being to
increase the buffer on streams to 100 feet, and make a finding that the approval is consistent with
the adopted 2030 Horizon Plan and that said approval is reasonable and in the public interest and
furthers the goals of the 2030 Horizon Plan because it aims to mitigate future development
concerns, and addresses changes in the alternative-energy industry within a developing county.
Request from Planning & Development for endorsement of the North-South Parkway
Sub-Area Study: Planning Director Matthew Todd requested endorsement for the North-South
Parkway Sub-Area Study. The County partnered with the Towns of Mooresville, Davidson,
Huntersville, and Cornelius on the study to look at transportation issues in the southern end of the
County. The early on goal was to see if there is a better connect to get north – south. However, a
new route was not feasible. Alternative options were looked at and \ three routes proposed.
Vice Chairman Bowles asked if the study contradicts Mooresville’s recent study.
Todd said just the multi-use path issue.
Commissioner Robertson said endorsing the study does not hold any of the municipalities
to anything.
This item was placed on consent.
Request from Clerk to the Board for approval of minutes from January 21 and
February 4, 2020: There was one correction.
This item was placed on consent.
ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARDS & COMMISSIONS
Town of Troutman Planning Board ETJ – 1 appointment
The Board asked for an application for the applicant along with a map of representation.
UNFINISHED BUSINESS
(None)
NEW BUSINESS
Health Director Jane Hinson and Preparedness Coordinator Samantha Miget gave a very
detailed presentation on the novel COVID-19 virus. Miget provided a list of frequently asked
questions. There is now one positive case in the State. Hinson went through isolation and
quarantine protocol. The point of the authority to stay at home is a written order.
Chairman Mallory said everyone needs to prepare and plan in order to manage through the
process. There is significant enough concern that people should ensure they are prepared.
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Hinson said guidance comes from DHHS and the CDC.
COUNTY MANANGERS REPORT
County Manager Beth Jones gave an update on the following items:
Encouraged citizens to check-out the County website at www.co.iredell.nc.us
The Board moved into Closed Session at 6:25PM.
IREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
March 3, 2020
The Iredell County Board of Commissioners met in regular session on Tuesday, March 3,
2020 at 7:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center,
200 South Center Street, Statesville, NC.
Board Members Present
Chairman James Mallory
Vice Chairman Tommy Bowles
Marvin Norman
Ken Robertson
Board Members Absent
Gene Houpe
Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County
Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek,
and Clerk to the Board Amy Anderson.
CALL TO ORDER by Chairman Mallory.
INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of
silence or reflection.
PLEDGE OF ALLEGIANCE led by Chairman Mallory.
ADJUSTMENTS TO THE AGENDA
Add: Update on COVID-19
Resolution regarding House Bill 966 requested by Senator Sawyer
MOTION by Commissioner Norman to approve the agenda as presented.
VOTING: Ayes – 4; Nays – 0
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
(None)
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APPOINTMENTS BEFORE THE BOARD
Request from the Library for approval of the Iredell County Public Library Strategic
Plan for FY 2021 – 2025: Dr. Robert Burgin presented the proposed Iredell County Public Library
Strategic Plan for FY 2021 – 2025.
Chairman Mallory said the Board received a hands-on look at the goals and objectives at
their recent retreat and will work with Library staff to implement the Strategic Plan.
MOTION by Commissioner Norman to approve the Iredell County Library Strategic Plan
for FY2021-2025.
VOTING: Ayes – 4; Nays – 0
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Health Director Jane Hinson and Preparedness Coordinator Samantha Miget gave a very
detailed presentation on the novel COVID-19 virus. Hinson went through isolation and quarantine
protocol. The point of the authority to stay at home is a written order.
Chairman Mallory said there are many fast moving parts to the situation and thanked
Hinson and staff for presenting such helpful information.
PUBLIC HEARINGS
Public hearing to consider an economic incentive for Project Ballast: Chris Younger
ZND US, Inc. plans to locate a new facility at 214 James Farm Road, Statesville. Established in
1965 and headquartered in the Netherlands, they manufacture temporary and safety fencing
products. The company anticipates to creating up to 43 new full-time positions and generate up to
$5.7 million in new tax investment over the next five years, which will include between $400-
900,000 renovations to the property. Younger requested an economic development incentive for
ZND US, Inc. for five-years totaling up to $94,000, averaging approximately $18,800 per year.
MOTION by Commissioner Robertson to approve an economic incentive up to $94,000
over a five-year period based on the company’s investment of $5.7 million and contingent upon a
contract being executed within 180 days.
VOTING: Ayes – 4; Nays – 0
ADMINISTRATIVE MATTERS
County Manager Beth Jones summarized the items that were placed on the consent agenda as
follows:
Request from Parks and Recreation for approval of budget amendment 22 in the
amount of $4,000, donated by the Rotary Club of Statesville, to help build a new
picnic shelter at the Ropes Challenge Course located at Jennings Park.
Request from Planning & Development to call for a public hearing on March 17,
2020 at 7pm in regard to a text amendment to the Land Development Code. This
item was deferred to the Economic Development Task Force along with Jerry
Santoni for further vetting and will be brought back in 30 days.
Request from Planning & Development for endorsement of the North-South
Parkway Sub-Area Study.
Request from Clerk to the Board for approval of minutes from the meeting on
January 21 and February 4, 2020.
MOTION by Commissioner Norman to approve the consent agenda.
VOTING: Ayes – 4; Nays – 0
ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS
(None)
APPOINTMENTS TO BOARD AND COMMISSIONS
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Town of Troutman Planning Board ETJ – 1 appointment
This appointment was tabled until March 17, 2020 to allow staff to acquire an application
and a map of representation.
UNFINISHED BUSINESS
(None)
PUBLIC COMMENT PERIOD
(None)
NEW BUSINESS
Chairman Mallory presented the proposed resolution in support of House Bill 966 as
requested by Senator Sawyer.
Commissioner Robertson said Senator Sawyer has done a great job of keeping elected
Boards informed about what is going on in Raleigh.
RESOLUTION OF IREDELL COUNTY
BOARD OF COMMISSIONERS
WHEREAS, House Bill 966, titled “AN ACT TO MAKE BASE BUDGET APPROPRIATIONS FOR
CURRENT OPERATIONS OF STATE AGENCIES, DEPARTMENTS, AND INSTITUTIONS” (“H966”) was
ratified by the General Assembly on June 27, 2019; and
WHEREAS, H966 seeks to make appropriations from the General Fund for the budgets of the departments,
institutions and agencies of the State of North Carolina, and for other purposes as enumerated in the bill, for each year
of the 2019-2021 fiscal biennium; and
WHEREAS, such funding includes appropriations for Iredell-Statesville Schools, Mooresville City Schools,
Mitchell Community College, and the Iredell County Agricultural Fairgrounds, as well as other appropriations for the
benefit of the citizens of Iredell County; and
WHEREAS, Governor Roy Cooper vetoed H966 on June 28, 2019;
WHEREAS, until such time that H966 is passed, appropriations for education and programs in Iredell County
will continue to be on hold to the detriment of our citizens; and
WHEREAS, in order to override of the Governor’s veto and pass H966, a vote in the North Carolina Senate
is necessary and will require the support of both parties.
NOW THEREFORE, be it resolved by the Iredell County Board of Commissioners that we strongly support,
urge and encourage the Senate to override Governor Cooper’s veto of House Bill 966 in order to enact the bill as
currently written, and in accordance with the State Budget Act, and to effect the making of the stated appropriations
for the benefit and wellbeing of the citizens of Iredell County.
MOTION by Commissioner Robertson to approve the resolution as presented.
VOTING: Ayes – 4; Nays – 0
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COUNTY MANAGER’S REPORT
County Manager Beth Jones gave an update on the following items:
Encouraged citizens to check-out the County website at www.co.iredell.nc.us
CLOSED SESSION
Chairman Mallory explained that Closed Session was held immediately following pre-
agenda.
MOTION by Commissioner Robertson to call for a public hearing on March 17,
2020 at 7PM regarding a maximum economic development incentive of $400,000 over a five-year
period for Project Coupling based on a $24.6 million investment in Iredell County.
ADJOURNMENT
MOTION by Commissioner Norman to adjourn at 7:50PM. The next regular meeting will
be March 17, 2020, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200
South Center Street, Statesville, NC.
VOTING: Ayes – 5; Nays – 0
__________________________________ ___________________________________
Date Approved Amy B. Anderson, Clerk