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01MIN15MINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC January 12, 2015 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland; Alternates Robert Doberstein and Richard Cruickshank. Planning Staff Present: Landon Chandler, Senior Planner, Matt Talbott, Planner I and Teresa Byrd, Planner I/Recording Secretary. Chairman Scott Tripp gave the Invocation and led the Pledge of Allegiance. All witnesses were sworn in. Conditional Use Tabled from the December 14, 2014 Meeting BA- CU- 24 -14. Matthews, Stuart / Durham Tower Development. A Cellular Communications Tower in an RA -30 Zoning District; Neill's Creek & Black River Townships; Pin # 0662 -21- 4971.000; NC Hwy 210 North. Landon Chandler gave site analysis and Mathew Danielson represented application. Landon Chandler stated that the application had been tabled twice and the cell tower did not have a carrier. Matthew Danielson stated that the tower did not have a carrier and they had put the site on hold. Chairman Scott Tripp stated that the board would not allow a conditional use permit without a carrier in place and all board members agreed. Chairman Tripp asked for a motion to dismiss without prejudice. Rick Foster made that motion, with a second by Andrew Ruhland and there was a unanimous vote. New Business 2. BA- CU- 0I -15. Newton, Michael / Newton, Ross. A Singlewide Manufactured Home in an RA -30 Zoning District; Upper Little River Township; Pin # 0621 -63- 3597.000; SR # 1261 (Newton Road). Matt Talbott gave the site analysis and Michael Ross Newton represented the application. Chairman Scott Tripp asked if he could enter his application into the record and Mr. Newton stated yes. Chairman Scott Tripp asked what he was asking of this board and Mr. Newton stated to set up a manufactured home. Chairman Tripp asked how it would impact the surrounding community and Mr. Newton stated it would not. Chairman Tripp asked if he had any additional information and Mr. Newton stated it would be set up for farm use. Chairman Tripp asked if he had purchased the home and Mr. Newton stated yes, that it was 1994 model. Chairman Tripp asked if he planned on leaving it there and Mr. Newton stated yes. Chairman Tripp asked if he was planning on building a house and Mr. Newton stated yes. Andrew Ruhland asked if he would have to subdivide the property and Mr. Newton stated no. Richard Cruickshank asked what the land was used for and Mr. Newton stated it was vacant. Richard Cruickshank asked what the buildings were and Mr. Newton stated they were chicken houses. Mr. Cruickshank asked if they were part of this property and Mr. Newton stated yes. There was no opposition. E J Womack came forth in favor and stated he lived in the community. Mr. Womack stated it was farmland of his grandfather and there would be no impact. Mr. Womack stated there were four houses on the whole road. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated he was in favor and it fit the rural community. Rick Foster agreed and felt it was a good use. Andrew Ruhland agreed that it was a good use. The checklist was completed and Rick Foster made a motion to approve the request with no conditions. Andrew Ruhland seconded the motion and there was a unanimous vote. 3. BA- CU- 02 -15. Hubbard, David Earl. A Singlewide Manufactured Home in an RA -30 Zoning District; Upper Little River Township, Pin # 0611 -43- 4937.000; SR # 1274 (Cortez Morrison Road). Matt Talbott gave the site analysis and David Earl Hubbard represented the application. Richard Cruickshank asked if there was a travel trailer on the property and Matt Talbott stated he was not sure, but he could ask the applicant. Chairman Scott Tripp asked if he could submit his application into the record and Mr. Hubbard stated yes. Chairman Tripp asked what he was asking of the board and Mr. Hubbard stated to put a new singlewide manufactured home on his property. Chairman Scott Tripp asked how it would impact the surrounding community and Mr. Hubbard stated it would not, that there were singlewides all around. Chairman Tripp asked if he had purchased the home and Mr. Hubbard stated yes, that it was a 2015 model. Chairman Tripp asked why a singlewide over a doublewide and Mr. Hubbard stated that he was getting older and he did not need all the space. Richard Cruikshank asked about the travel trailer and Mr. Hubbard stated he was staying there until he gets the home set up. Chairman Tripp asked if he was going to put it back in the same place and Mr. Hubbard stated yes. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated that he was putting this home back in the same place and he was in favor. Robert Doberstein and Rick Foster agreed. Mr. Foster stated it was a replacement of one home for another and it was a brand new singlewide. Andrew Ruhland agreed. The checklist was completed and Rick Foster made a motion to approve the request with no conditions. Andrew Ruhland seconded the motion and there was a unanimous vote to approve. 4. BA- CU- 03 -15. Melton, Margaret L. / McDougald Solar, LLC. A Solar Energy Facility in an RA -30 Zoning District; Upper Little River Township; Pin # 0539 -69- 7507.000; SR 1229 (McDougal Road). Landon Chandler gave the site analysis and Brett Hanna represented the application. Chairman Scott Tripp asked about the buffer requirements and Landon Chandler explained it would a Type B buffer with a 30 foot easement strip around all property lines. Mr. Chandler stated it would have to be an opaque fence or 3 -1 berm with additional staggered low growing tress. Rick Foster asked if there would be a commercial site plan review ensuring the UDO requirements were adhered to and Mr. Chandler stated yes, that there would be state and federal permits to obtain. Andrew Ruhland asked if the Type B buffer was approved by county and Landon Chandler stated that was the minimum standard. Richard Cruickshank stated according to the Ariel maps, the area looked to have heavy vegetation. Mr. Cruickshank asked if removed what happens to the run off and the existing ponds. Chairman Scott Tripp stated that the vegetation could be used as part of their buffer. Landon Chandler explained that they would have to get an erosion and sedimentation permit through DENR (Department of Environment and Natural Resources) and that would be done before the site plan was approved. Chairman Scott Tripp asked if he could submit his application into the record and Brett Hanna stated yes. Chairman Tripp asked what he was asking of the board and Mr. Hanna stated to allow a solar farm facility. Chairman Tripp asked how it would impact the area and Mr. Hanna stated it would minimal. Mr. Hanna stated there would be no noise, no hazard, no glare, it absorbs light, low hum during the day and nothing at night. Chairman Scott Tripp asked if he had any additional information and Mr. Hanna stated he had expert testimony if needed. Chairman Scott Tripp asked how long was the lease and Brett Hanna stated it was a twenty year lease. Chairman Tripp asked if he would be willing to have a reclamation plan and Mr. Hanna stated he would agree. Andrew Ruhland asked why this spot and Mr. Hanna stated the land was undeveloped and it had the appropriate acreage needed. Calvin Gorman, Landscape Architect state that the infrastructure would have to be there before considering. Chairman Tripp asked if the farmland was near a substation and Calvin Gorman stated it was at a saturation point in which the grid could hold. Andrew Ruhland asked about the panels and Mr. Gorman stated they would be 38 panels to a unit, which are sixty -four feet long by 12 feet wide. Andrew Ruhland asked about the highest area and Mr. Gorman stated nine to ten feet tall. Andrew Ruhland asked if they would rotate and Mr. Gorman stated they would be fixed. Mr. Hanna presented to the board a packet of affidavits which became Exhibit A for the record. Rick Foster stated he would like to hear his expert on the impact to surrounding properties. Richard Kirkland, Appraiser came forth to discuss his findings. Mr. Kirkland stated he had located agricultural and residential areas and solar facilities was a harmonious use in the area. Mr. Kirkland stated in his professional opinion it had no impact on property values. Beth Marbois came forth with concerns that it would harm her pecan farm. Chairman Tripp asked how long she had the pecan farm and Ms. Marbois stated seven to ten years. Ms. Marbois stated she was concerned with the herbicides that would be sprayed to keep the weeds down. Ms. Marbois stated concerns of the creek in the middle of the land and how it would affect it. Chairman Scott Tripp asked the applicant back to the podium and questioned the herbicides used and Mr. Hanna stated that ideally they don't want to put anything, but he did not think a specific thing was used. Chairman Scott Tripp asked how long would the construction phase be and Mr. Hanna stated four to five months and there are no plans to go across anyone's property. Mr. Hanna stated the electrical hookup would go out to the main road. Richard Cruickshank asked about the decibel range and Mr. Hanna stated you were not going to hear anything except for a slight hum during the day. Chairman Scott Tripp closed the public hearing and had board discussions. Andrew Ruhland stated that anything agricultural can go there. Chairman Tripp stated it was farmland next to a substation and connectivity was essential in these types of projects. Chairman Tripp stated it would go through the commercial site plan process and that will address the buffer. Chairman Tripp stated he felt they needed some type of reclamation plan with good buffering. Richard Cruickshank talked about the bonding process and Chairman Tripp stated they could require it. Landon Chandler stated that they would have to have an engineer certified estimate and put up 125% of the total cost. The checklist was completed and Rick Foster made a motion to approve with the conditions that the applicant submit a reclamation plan to restore back to agricultural /residential land; use berms and trees in addition to the barbwire fencing to minimize visibility of barbwire fence. Andrew Ruhland seconded the motion and there was a unanimous vote. Chairman Tripp called a five minute recess at 8:25 p.m. Chairman Tripp called the meeting back to order at 8:34 p.m. 5. BA- CU- 04 -15. J. E. Womble and Sons, Incorporated / Peach Solar, LLC. A Solar Energy Facility in an RA -30 Zoning District; Upper Little River Township; Pin # 0538 -58- 4951.000; NC Hwy 27 West. Landon Chandler gave the site analysis and Brett Hanna represented the application. Chairman Scott Tripp asked if he could enter his application into the record and Mr. Hanna stated yes. Chairman Tripp asked what he was asking of the board and Mr. Hanna stated a solar farm facility. Chairman Tripp asked how it would impact the surrounding area and Mr. Hanna stated same as previous case, that it was a large tract and they would preserve rural character and it would be managed in the same manner. Mr. Hanna presented affidavits to the board, which became Exhibit A for the record. Chairman Scott Tripp asked would they be willing to concur with the same previous conditions and Mr. Hanna stated yes. Seth Womble was sworn in and had concerns and questions. Mr. Womble stated that his families property boarders this property and asked if the solar farm would be visible from the road. Chairman Tripp asked if he was kin to the landowners and Mr. Womble state yes, down the line. Chairman Tripp asked if he had any conversation with the landowners and Mr. Womble stated no. Mr. Womble stated he had concerns about the pine trees being disturbed. Chairman Scott Tripp closed the public hearing and had board discussions. Mr. Tripp stated there was no differences in the two cases and they could include the same conditions. Rick Foster agreed. The checklist was completed and Rick Foster made a motion to approve with the conditions that the applicant submit a reclamation plan to restore back to agricultural /residential land; use berms and trees in addition to the barbwire fencing to minimize visibility of barbwire fence. Andrew Ruhland seconded the motion and there was a unanimous vote. The minutes for the December 2014 meeting were presented for approval. Richard Cruickshank made a motion to approve as written. Robert Doberstein seconded the motion and there was a unanimous vote. There was no other business and the meeting was adjourned at 8:57 p.m. (: �- k ott ripp, Ch ' an Rt'ck Foster, Vice Chairman Az�d Ter a Byrd, Recora ng Secretary andon Chandler, Senior Planner Date