.M. in the Commissioner’s Co · 7:00 P.M. in the Commissioner’s Conference Room located in the...

March 20, 2017 Minutes

March 20, 2017

The Board of Commissioners of Franklin County, North Carolina, met for its Regular Meeting at

7:00 P.M. in the Commissioner’s Conference Room located in the County Administration

Building with the following Commissioners present: Chairman Cedric K. Jones, Vice-Chairman

Sidney E. Dunston, Commissioners Michael S. Schriver, Harry L. Foy, Jr. and Shelley L.

Dickerson. Commissioners John M. May and David T. Bunn were absent.

Chairman Jones called the meeting to order and asked the Board to consider approval of the

consent agenda.

Commissioner Dunston made a motion to approve the consent agenda, seconded by

Commissioner Foy. The motion duly carried with all present voting “AYE.”

The following items were approved.

1. CONSENT AGENDA

A. February 20, 2017 Minutes B. March 6, 2017 Minutes C. Releases, Adjustments, Refunds, and Tax Collection Report D. Electric Line Right of Way Easement for Airport E. Appointment of Chuck Murray as Interim Finance Director effective March 20, 2017 F. Correction and Relocation of sewer easement G. Easements for Johnson Street sidewalk project

2. COMMENTS FROM THE PUBLIC This was the time set aside by the Board of Commissioners to allow individuals five minutes to address the Board on issues concerning the county. Sharon Billings, 85 Rabbit Run, Franklinton, NC

Ms. Billings asked the Board to act as ambassadors on behalf of the Person Place and encouraged support for the Franklin County Historic Homes Tour scheduled April 22-23, 2017.

Twig Wiggins, 420 Clubhouse Drive, Youngsville, NC

Mr. Wiggins invited the Board and public to attend an auction at Louisburg College in order to raise funding for education.

Mr. Wiggins offered to sell three acres of land in Youngsville near Cedar Creek Middle School for the purpose of building soccer fields. Mr. Wiggins was referred to share the information with Franklin County Schools.

3. PUBLIC HEARINGS

A. Request for Rezoning – David Wilson (17-REZ-01) The Board was asked to consider approval of a rezoning request by David Wilson to rezone 2.9 acres at 6815/6817 NC 96 Hwy W in Youngsville Township from Residential-40 (R-40) to Neighborhood Business (NB). Scott Hammerbacher, Planning and Inspections Director presented the request and noted it received unanimous approval from the Planning Board. Chairman Jones opened and closed the public hearing with no comments offered for or against the rezoning request. Commissioner Foy made a motion to approve the rezoning request as presented, seconded by Commissioner Schriver. The motion duly carried approval with all present voting “AYE.”


Mr. Hammerbacher’s presentation follows.


B. Request for Rezoning – Phillip Reid Stroud II (17-REZ-02) The Board was asked to consider approval of a rezoning request by Phillip Reid Stroud II to rezone 10 acres at 6118 NC 96 Hwy W in Youngsville Township from Mixed Use (MU) to Highway Business (HB). Scott Hammerbacher, Planning and Inspections Director presented the request and noted it received unanimous approval from the Planning Board. Chairman Jones opened and closed the public hearing with no comments offered for or against the rezoning request. Commissioner Foy made a motion to approve the rezoning request as presented, seconded by Commissioner Schriver. The motion duly carried approval with all present voting “AYE.” Mr. Hammerbacher’s presentation follows.


C. Request for Special Use Permit – Solterra Partners, LLC (17-SUP-01) The Board was asked to consider approval of a special use permit request by Solterra Partners, LLC to construct a solar energy farm on 260 +/- acres of approximately 295 acres located off Ronald Tharrington Road (State Road 1419) in Louisburg Township in the Agricultural Residential (AR) Zoning District. Following the public hearing, it was recommended the Board use the special use permit checklist to assist in its decision. Scott Hammerbacher, Planning and Inspections Director presented the request and noted it received approval from the Planning Board with a 3-2 vote. Mr. Hammerbacher’s presentation follows.


County Attorney Pete Tomlinson then presented the procedures of the hearing to be conducted. At approximately 7:33 P.M., Chairman Jones opened the public hearing and speakers were sworn under oath.

Dennis Richter, 4200 Arbor Way, Charlotte, NC

Mr. Richter spoke on behalf of Solterra Partners, LLC on the aspects of the solar farm to be located on Ronald Tharrington Road. He said solar farms produce little to no noise when in operation with no emissions or hazard waste associated. He said there are no additional services required by the city but do increase property tax base. He said the construction process brings about additional business to local merchants.

Mr. Richter introduced his application into evidence as well as a PowerPoint presentation.

The presentation highlights similar solar farms installed by Solterra Partners, LLC. It also addresses concerns expressed from the neighbors of the proposed solar farm project in Franklin. Mr. Richter said neighbors were concerned about the aesthetic of the project upon completion. Solterra addressed those concerns by using a CAD program to provide a visual perspective of what the solar farm will look like upon completion.


Chairman Jones inquired about access to the solar from in the event of fire. Mr. Hammerbacher

suggested Solterra coordinate with the local fire department to ensure a knox box is placed on

site.

With no further comments, Chairman Jones closed the public hearing at 7:48 P.M. and the

Board reviewed the special use permit checklist to assist in its decision.


Commissioner Foy made a motion to approve the special use permit request with the suggested

conditions of approval, seconded by Commissioner Dickerson. The motion duly carried approval

with all present voting “AYE.”

SUMMARY OF EVIDENCE

REQUEST FOR SPECIAL USE PERMIT – SOLTERRA PARTNERS LLC (17-SUP-01)

On March 20, 2017, the Franklin County Board of Commissioners held a public hearing and by a vote of 5 to 0 ,

approved the special use permit filed by Solterra Partners LLC, to construct a solar farm on 260 +/- acres of a 295

acre parcel located on Ronald Tharrington Rd in the Agricultural Residential (AR) Zoning District in the Louisburg

Township.

Having heard all the evidence and arguments presented at the hearing, the Board finds that the application should be

approved and is complete and complies with Article 9, (E), (1) of the Franklin County Unified Development

Ordinance. The Board made the following findings as presented at the public hearing:

a) The use or development is located, designed, and proposed to be operated so as to maintain or promote the

public health, safety and general welfare.

– The Board voted in the affirmative based upon testimony from the petitioner.

b) The use or the development complies will all required regulations of this Unified Development Ordinance

and all applicable specific standards and regulations.

– the affirmative based upon testimony from the petitioner.

c) The use or development is located, designed and proposed to be operated so as to maintain or enhance the

value of contiguous property, or that use or development is a public necessity.


d) The use or development conforms with general plans for the physical development of the County’s

planning jurisdiction as embodied in the chapter, the Franklin County Comprehensive Development Plan,

or other development policies as adopted by the Board of Commissioners.


e) The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian ways

harmonize with adjoining properties and the general area and minimize adverse impacts.


f) The type, size, and intensity of the proposed use, including such considerations as the hours of operation

and number of people who are likely to utilize or be attracted to the use, will not have significant adverse

impacts on adjoining properties or the neighborhood.


.

g) Utilities, schools, fire, police, and other necessary public and private facilities and services will be adequate

to handle the proposed use.


Special Conditions approved by the Board of Commissioners:

In addition to requirements listed in the Franklin County UDO, the following items will be required if the special

use permit is approved:

1. Prior to securing building permits from the County, documentation from all other applicable state and

federal agencies shall be submitted to the Franklin County Planning & Inspections Department verifying

permit approval.

2. Approval of stormwater management plan if there is land disturbance of .50 acres or greater.

3. An engineering estimate for the removal of the facility will need to be submitted in addition to a financial

surety prior to the issuance of building permits.

4. Approval of a NC Department of Transportation driveway permit.

5. No lighting shall be installed without approval from the Franklin County Planning & Inspections staff.

6. Screening shall conform to Article 14. Landscape Requirements and Article 8., Section 8-1, Note 6. Buffer

Strips. (As shown on the site plan, existing vegetation is being used where feasible to satisfy this

requirement. It shall remain in place or landscaping shall be installed at a minimum of six (6) feet tall at

time of planting.) Planning Staff may require additional landscape buffering around the perimeter of the

site if existing vegetation is not sufficient. This shall be installed prior to final inspection and approval.


7. Approval from local fire department for knox box.

8. Approval of final layout and design of all solar panels and associated structures

(substations/inverters/transformers) shall be submitted for review to the Franklin County Planning

Department prior to the issuance of building permits.

9. A determination letter shall be obtained from the Department on Environmental and Natural Resources

(NCDENR) for any impacted streams or crossings.

10. All substations/inverters/transformers shall not exceed a noise level of 60 dB (decibels) at property line.

11. Recombination survey shall be recorded combining PIN’s 2826-31-6722 and 2826-40-0918 prior to

issuance of zoning and building permits.

Date: 3-20-17 Cedrick K. Jones, Sr..

Chairman, Franklin County Board of Commissioners

…………………………………………………………………………………………….

Decision of the Franklin County Board of Commissioners:

Petition Approved ________________ Petition Denied ___________________

__________________________________________

Chairman, Franklin County Board of Commissioners

4. APPOINTMENTS

1. Town of Bunn ETJ

The Board was asked to consider appointing Russell Vollmer as the Town of Bunn’s ETJ Zoning and Planning Board representative.

Commissioner Foy made a motion to approve the appointment, seconded by Commissioner Schriver. The motion duly carried approval with all present voting “AYE.”

2. Department of Aging Advisory Board

Commissioner Dickerson nominated Rosanell Eaton for reappointment. Commissioner Dunston nominated Rose Gill for reappointment.

Commissioner Foy made a motion to approve the reappointments to the Department of Aging Advisory Board, seconded by Commissioner Dickerson. The motion duly carried approval with all present voting “AYE.”

3. Library Board

Commissioner Dunston nominated Jackie Gill for reappointment. Commissioner Foy made a motion to approve the reappointment to the Library Board, seconded by Commissioner Schriver. The motion duly carried approval with all present voting “AYE.”

4. Planning Board

Commissioner Dickerson nominated Martha Mobley for appointment. Commissioner Foy made a motion to approve the appointment to the Planning Board, seconded by Commissioner Dunston. The motion duly carried approval with all present voting “AYE.”


5. OTHER BUSINESS Commissioner Schriver suggested a meeting of the Utility Advisory Committee within the next 30 days. The Board agreed and tasked the County Manager with coordinating the meeting. Chairman Jones stated both he and Vice Chairman Dunston had scheduling conflicts with the regular meeting scheduled for April 17, 2017. He suggested the meeting be rescheduled for April 24, 2017 at 7:00 P.M. Commissioner Foy made the motion to reschedule the April 17, 2017 regular meeting to April 24, 2017. The motion was seconded by Commissioner Schriver. The motion duly carried approval with all present voting “AYE.” 6. BOARD, MANAGER AND CLERK’S COMMENTS This was the time set aside for the Board of County Commissioners, the County Manager, and

the Clerk to the Board to report on various activities. The Board may also discuss other items of

interest.

County Clerk Kristen G. King: No comments were offered. Commissioner Foy: No comments were offered. Commissioner Bunn: Commissioner Bunn was absent.

Commissioner May: Commissioner May was absent.

Commissioner Jones: No comments were offered.

Commissioner Schriver: No comments were offered.

Commissioner Dunston: No comments were offered.

Commissioner Dickerson: No comments were offered.

County Manager Angela L. Harris: Mrs. Harris commented on the following:

Mrs. Harris commented on the value of property located at 215 East Nash Street in

Louisburg, North Carolina (Franklin County Tax Parcel #012952 and 012913). The Town

of Louisburg is acquiring an easement and right of way from the County necessary for

the construction of sidewalks along Bickett Boulevard, Wade Avenue and Johnson

Street. The value of the property is $18,695.67.

7. CLOSED SESSION

The Board was asked to enter into closed session pursuant to North Carolina General Statute

143-318.11(a)(4) to discuss matters relating to the location and/or expansion of industries or

other businesses in the area served by the County, including agreements on a tentative list of

economic development incentives that may be offered by the public body in negotiations.

At approximately 8:00 P.M., Commissioner Dunston made a motion to enter into closed session

pursuant to NCGS 143-318.11(a)(4), seconded by Commissioner Schriver. The motion was

approved 4 to 1, with Commissioner Foy voting “NO.”

Following closed session at approximately 8:25 P.M., the Board entered back into open session

and it was announced no action was needed regarding the closed session.


At approximately 8:25 P.M., Commissioner Dunston made a motion to adjourn, seconded by

Commissioner Schriver. The motion duly carried approval with all present voting “AYE.”

Cedric Jones, Chair Kristen G. King, Clerk to the Board

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