Regional Planning Commission Meeting Agenda

Thursday, February 13, 2020 @ 6:00 PM Haywood County Courthouse – Conference Room

I. Call to Order / Determination of a Quorum

II. Approval of the Minutes

III. Old Business

A. Review of the revised Zoning Resolution Amendment concerning Regulations for Solar Farm Operations

B. Review of the revised Zoning Resolution Amendment concerning Consolidated Animal Feedlot Operations

IV. New Business A. Review of the Donald Lewis Rezoning Request Concerning property located at the intersection of Union

Mercer Road and Coburn Road B. Any other properly presented new business

V. Other Business

A. Building Inspector’s Report – Renee Hendrix

1. Slum Clearance Issue(s) if any 2. Administrative Reviews if any 3. Building Permits

a. Total Number of Building Permits b. Total Costs for All Construction Activity c. Total Building Permit Fees d. Total Number of Inspections e. Total Number of E-911 Permits

B. Any properly presented other business

VI. Adjournment

MEMORANDUM

TO: The Haywood Regional Planning Commission FROM: Shelton I. Merrell, Regional Planner DATE: February 6, 2020 SUBJECT: AGENDA ITEMS FOR THE FEBRUARY 13, 2020 MEETING OLD BUSINESS Review of the revised Solar Farm Operation Resolution Background /Analysis: The following has been prepared for your review purposes and possible recommendation to the County Commission:

RESOLUTION NO. __________ A RESOLUTION TO AMEND THE TEXT OF THE HAYWOOD COUNTY ZONING RESOLUTION ESTABLISHING REGULATIONS FOR SOLAR FARMS AS USES PERMITTED ON APPEAL IN FAR (FORESTRY AGRICULTURE RESIDENTIAL) DISTRICTS

WHEREAS, pursuant to Tennessee Code Annotated, Sections 13-7-101 and 13-7-102, a Zoning Resolution

and Map have been adopted by the Haywood County Commission; and, WHEREAS, the Haywood County Planning Commission has recommended that the following described

amendments be made in the text of the adopted Zoning Resolution during their meeting held on Thursday, November 14, 2019; and,

WHEREAS, pursuant to Tennessee Code Annotated Section 13-7-105 a public hearing notice was published in the Brownsville States Graphic 15 days prior to the meeting and,

WHEREAS, pursuant to Tennessee Code Annotated Section 13-7-105, the Haywood County Board of Commissioners held a public hearing on , 2020 at 6:00 PM in the Circuit Courtroom at the Allen King Justice Complex on said amendment; and, NOW, THEREFORE, BE IT RESOLVED by the Haywood County Board of Commissioners:

SECTION 1. That Chapter V, “Provisions Governing Forestry, Agriculture, Residential (FAR) Districts, 5.02 Uses Permitted on Appeal, be amending to include a new Letter (F) to read as follows:

F. Solar Farms, subject to site plan review by the Board of Zoning Appeals and the following conditions: i. Solar farm operations equipment shall be enclosed by perimeter fencing to restrict

unauthorized access. (The previously drafted resolutions required the entire operation to be fenced.)

ii. Adequate screening shall be provided for solar farm operations that will be located on arterial status roads deemed to be a scenic highway by the State of Tennessee. (The previously drafted resolutions did not address scenic highways) This can be achieved by vegetative screening being placed beyond the perimeter fence to a density and height that adequately buffers the solar farm from any nearby uses. Screening shall also be provided along the side and rear of solar farm operations located on all other roads. This may be achieved by vegetative screening being placed beyond the perimeter fence to a density and height that adequately buffers the solar farm from any nearby uses. However, this requirement may be waived at the discretion of the Board of Zoning Appeals when the proposed solar farm operation is to be located in an area in which the surrounding properties are primarily vacant. (This provision was not included in the previously drafted resolutions)

iii. Solar farm operations shall have a front yard setback requirement of 100 feet on Arterial Status Roads. Solar farm operations shall have a front yard setback of requirement of 60 feet on all other roads. (The previous draft resolutions did not specify arterial status roads)

iv. Solar farm operations shall adhere to the side and rear setback, height, and coverage requirements of the district.

v. Solar farm operation structures must be setback a minimum of 500 feet from residential structures. Solar farm operations must be located on lots of no less than 150 acres in size. In instances where solar farm operators desire to locate on

more than one property, the solar farm operation shall have a minimum of 100 cumulative acres. When multiple properties are desired by the operator, the submitted site plan must illustrate the required side yard setback for panels that will be located along near the property boundary line. (This added provision pertaining to multiple properties was not included in the previously drafted resolution)

vi. Solar farm operations must not create increased noise levels that either exceed a level of 45.0 decibels and or that are discernible to nearby residential uses.

vii. Solar farm operations must not produce glare that would constitute a nuisance to occupants of neighboring properties or persons traveling neighboring roads.

viii. The design of support buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the facilities to the natural setting and surrounding structures.

ix. All solar facilities must meet or exceed the standards and regulations of the Federal Aviation Administration (FAA), and any other agency of the local, state, or federal government with the authority to regulate such facilities that are in force at the time of the application.

x. To ensure the structural integrity of the solar facility, the owner shall ensure that it is designed and maintained in compliance with standards contained in applicable local, state, and federal building codes and regulations that were in force at the time of the permit approval.

xi. Lighting shall use fixtures to minimize off-site glare and shall be the minimum necessary for safety and security purposes.

xii. All electrical interconnection and distribution lines within the project boundary shall be either above or underground. (The previously drafted resolution required electric interconnection and distribution lines to be underground.)

xiii. Solar farms which become inactive for a period exceeding one (1) year shall be removed at the owners or operators expense and the site shall be returned to its natural state. This includes the obligation to dismantle and remove from the site all electrical generating equipment, cables, panels, foundations, buildings and ancillary equipment. To the extent possible, the operator shall restore and reclaim the site to its pre-project topography and topsoil quality. Any agreement between the operator and landowner for removal to a lesser extent than set forth in this paragraph shall be required prior approval by the board. The restoration activities must be complete within 18 months from the date the solar farm becomes inactive.

xiv. The applicant shall submit to the board a decommissioning plan describing the manner in which the applicant anticipates decommissioning the project. The plan shall include a description of the manner in which the applicant will ensure that it has the financial capability to carry out the restoration requirements. The board may from time to time request the operator to submit a report describing how it is fulfilling this obligation. The board shall decide if it is prudent to include provisions that ensure financial resources will be available for decommissioning. This may include bonding or other methods of guaranteeing performance, such as establishing an escrow account into which the developer / operator will deposit funds on a regular basis over the life of the project which would allow Haywood County to have access to the escrow account for the explicit purpose of decommissioning in the event of default. Financial provisions shall not be so difficult as to make the solar farm unfeasible.

SECTION 2. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon adoption, the public health, safety and welfare requiring it. Approved and adopted by the Haywood County Commission on ____________________________________ Date of Public Hearing & Adoption ___________________________________ David Livingston, County Mayor Attest: ___________________________________ Sonya Castellaw, County Clerk

Review and Discussion on the Amendment Resolution concerning Consolidated Animal Feed Operations Background: Mayor Livingston has asked the regional planner to re-address Consolidated Animal Feed Operations regulations for Haywood County, Tennessee. The regional planner will emphasize more specifically, expansion as it relates to the current language found within the existing regulations needing to be expanded concerning definitions and etc. A draft resolution concerning CAFOs had been previously forwarded to the County Commission in November at the Administration’s request. The matter was furtherly discussed during the January 21, 2020 County Commission meeting and a public hearing for such is set for February 17, 2020. Analysis: As a result of this request, and the discussion held during the January 21, 2020 Haywood County Commission meeting, the regional planner has prepared the following for your review and consideration for recommendation:

RESOLUTION NO. __________

A RESOLUTION TO AMEND THE TEXT OF CHAPTER V (PROVISIONS GOVERNING FORESTRY, AGRICULTURE, RESIDENTIAL (FAR) DISTRICTS), SECTION 5.02, USES PERMITTED ON APPEAL, LETTER (E) OF THE HAYWOOD COUNTY ZONING RESOLUTION, AMENDING PROVISIONS FOR CONSOLIDATED ANIMAL FEEDLOT OPERATIONS AS A USES ON APPEAL IN HAYWOOD COUNTY, TENNESSEE AND ALLOWING SAID USES AS USES PERMITTED ON APPEAL IN I-2 (RESTRICTED INDUSTRIAL) DISTRICTS

WHEREAS, pursuant to TENNESSEE CODE ANNOTATED, Sections 13-7-101 and 13-7-102, a Zoning Resolution and Map have been adopted by the Haywood County Commission; and,

WHEREAS, pursuant to TENNESSEE CODE ANNOTATED, Section 44-18-104, subsection a (1) stating that

“A zoning requirement shall apply to a feedlot, dairy farm, or poultry production house with an established date of operation subsequent to the effective date of the of the zoning requirements”; and,

WHEREAS, the Haywood County Commission deems it necessary, for the purpose of promoting the health,

safety, prosperity, morals and general welfare of the County to amend said Resolution; and, WHEREAS, the Haywood County Planning Commission has recommended that the following described

amendments be made in the text of the adopted Zoning Resolution; and, WHEREAS, pursuant to Tennessee Code Annotated Section 13-7-105 a public hearing notice was published

in the Brownsville States Graphic 15 days prior to the meeting; and, WHEREAS, pursuant to TENNESSEE CODE ANNOTATED, Section 13-7-105, the Haywood County

Commission held a public hearing on Monday, February 17, 2020 at 6:00 p.m. in the Circuit Courtroom at the Allen King Justice Complex on said amendments. NOW, THEREFORE, BE IT RESOLVED by the Haywood County Commission:

SECTION 1. That Chapter 5 (Provisions Governing FAR Districts), Section 5.02 (Uses Permitted on

Appeal), Letter (E) Consolidated Animal Feedlot Operations be deleted and the remnant Letters be placed in the proper alphabetical sequence.

SECTION 2. That the following be added Chapter 10 (Provisions Governing Restricted Industrial) Districts,

Section 10.02, Uses Permitted on Appeal: (F). Consolidated Animal Feedlot Operations (CAFO)

Livestock such as beef, pork and chickens provide a daily source of meat, milk, eggs and fiber to our diet. If left unabated, feedlots can have a detrimental impact on surrounding residential and agricultural uses. Therefore, the intent of this regulation is to protect agricultural uses, residential uses, human health and welfare and the natural environment. Protecting agricultural, human health and welfare, the natural environment is the primary purpose of these regulations. Definitions: Animal Unit – AU mature dairy cow (71 animals equals 100 AUs), swine over 55 lbs. (250 equals 100 AUs), swine under 55 lbs. (2000 animals equals 100 AUs), sheep (1000 animals equals 100 AUs), turkey (10,000 animals equals 100 AUs), chicken (10,000 animals equals 100 AUs).

Feedlot – A lot or building or combination of lots or buildings intended for the confined feeding, breeding, raising or holding of 100 AUs and specifically or combination of lots or buildings intended for the confined feeding, breeding, raising or holding of 100 AUs and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that vegetative cover cannot be maintained within the enclosure. Pastures and Fish Farms will not be regulated. All dairy, pork and chicken feedlots are permitted in the I-2 (Restricted Industrial) districts as uses permitted on appeal, and shall comply with the following regulations: Minimum Lot Size .......................................................................... 200 Acres

Setbacks: Front yard setback .......................................................................... 1,500 feet Side yard setback .......................................................................... 200 feet Rear yard setback .......................................................................... 200 feet

Minimum distance from a: Residential Structure .......................................................................... 1,500 feet Commercial Structure .......................................................................... 1,500 feet Church or School .......................................................................... 1,500 feet Municipal City Limit ................................................................................½ mile Existing Feedlot .................................................................................................... 2 Mile Radius Lake ........................................................................................................................... 1,000 feet Stream / River ............................................................................................................ 1,000 feet Water well...................................................................................................................... 500 feet

To assure environmental protections CAFOs are prohibited from being constructed in a floodway or floodplain and must be at least 1,000 feet from a lake, stream / river. An onsite detention pond is required for all CAFOs. Additionally, all applicable Federal and State licenses and permits must be presented when appearing before the Board of Zoning Appeals. All expansions of feedlots must be approved by the Board of Zoning Appeals.

Permit Fees will be determined in accordance with building permit charges as set forth by Haywood County.

SECTION 3. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon adoption, THE PUBLIC HEALTH, SAFETY AND WELFARE REQUIRING IT.

Approved and adopted by the County Commission of Haywood County, Tennessee. ___________________________________ Date ___________________________________ David Livingston, Mayor

Attest: ___________________________________ Sonya Castellaw, County Clerk

NEW BUSINESS Review Donald Lewis Rezoning Request Concerning property located at the intersection of Union Mercer Road and Coburn Road Background: Mr. Donald Lewis has submitted an application to rezone property located at the intersection of Union Mercer Road and Coburn Road from FAR (Forestry Agriculture Residential) to I-2 (Restricted Industrial). The subject property comprises of 36.4 acres and is not situated within a 100-year flood hazard area. The subject area in question comprises of 1.6 acres. It is furtherly described as tax parcel 29.00, Haywood County Tax Map 089 owned by Donald Lewis. Analysis: The State of Tennessee Comptroller of the Treasury contains the following illustration pertaining to the subject property:

Tax Parcel 29.00, Haywood County Tax Map 89 The request pertains to an existing wrecker operation occurring on the premises of the subject property that is in direct violation of the Zoning Resolution of Haywood County, Tennessee. Please see the following adopted Haywood County Future Land Use Map:

Subject Property

INDUSTRIAL

Although, Brownsville seems to be the primary location for manufacturing and industrial uses, some industrial uses may be compatible with rural areas. Coordination between the municipal and county elected officials and the Chamber of Commerce is one of the best methods for sustaining an industrial base for all the residents of Haywood County. Efforts should be taken, however; to ensure that current industries are retained and are able to expand and to provide for a variety of industrial developments.

To guide the continuation and expansion of these essential industrial activities, the following objectives and policies are adopted:

A. Objective – The County should retain the existing industrial base and provide areas for light industrial development along the arterial highways. The County should continue to support Brownsville and Stanton for large scale and heavy industrial development.

Policies 1. The County Commission should support improvements in the local economy by providing new

industrial site locations and maintaining and improving existing industrial site locations in Planned Growth Areas.

2. Existing industrial parks should be provided adequate service and be expanded as needed, new industrial parks and sites should be planned and developed in Planned Growth Areas and provided with adequate public services.

3. To provide for additional industrial land and employment in Haywood County and provide County services to those industrial activities, the County should adopt a policy of supporting industrial development in areas that the municipalities in Haywood County can eventually annex.

4. The County and the Planning Commission should support appropriate road and traffic improvements at locations suitable for the expansion of existing industrial areas.

1. Public officials should cooperate with, and actively support, the Industrial Board and Chamber of Commerce in their efforts to attract industrial prospects and to retain and promote the expansion of existing industries.

2. The County should discourage development that will degrade, retard or otherwise harm the natural environment or the economic potential of the County.

3. Based on locally developed criteria, industrial land uses known or suspected of having harmful impacts on the health, safety, and welfare of people should be avoided.

B. Objective – The County should provide appropriate standards and guidelines for new industrial development and for expansion of existing industrial uses.

Policies 1. Industrial developments should be designed in compliance with appropriate site development

standards.

2. Industrial uses may locate in less hazardous flood fringe areas provided that such uses should comply with local, state, and federal requirements.

3. Industrial uses should locate near transportation facilities that offer the access required by the industry. Such uses should not be allowed to create demands that exceed the capacity of the existing and future transportation network.

4. Industrial development should locate within the County, where the proper sizing of facilities such as water, sewer and transportation has occurred or is planned.

5. To the extent feasible, landscaping or other screening should be provided to reduce the conflict and soften the impact between industrial uses and other land uses.

Subject Property

The request does not, in any way, conform to adopted Haywood County Land Use and Transportation Plan or any of the adopted goals, policies, and objectives found therein. The proposed request is surrounded by single-family detached residential uses and would pose to be a detriment for what could be approved under the guise of Industrial zoning. Please see the following:

CHAPTER X PROVISIONS GOVERNING RESTRICTED INDUSTRIAL (I-2) DISTRICTS

General Description - This district shall be utilized to place those industrial uses understood to be of a hazardous or obnoxious nature but which are deemed necessary or desirable for the economic development of Haywood County. Because of the nature and intent of this district, these regulations shall limit the permitted use categories.

Within areas designated (I-2) Restricted Industrial on the Official Zoning Map of Haywood County, Tennessee, the following provisions shall apply:

10.01 Uses Permitted (* NEC - Not Elsewhere Coded) A. Wholesale Trade:

B. Retail Trade limited to: 1. Building materials, hardware, and farm equipment

2. Other retail trade, NEC *, limited to: a. Farm and garden supplies;

b. Fuel and ice retail.

C. Business Services - limited to: (51) 1. Warehousing and storage services

2. Other business services, NEC* limited to: a. Research, development and testing services.

D. Contract, construction services

E. Governmental Services

F. Manufacturing Services - limited to: 1. Food and kindred products - manufacturing, except for meat products - manufacturing

2. Textile mill products-manufacturing

3. Apparel and other finished products made from fabrics, leather, and similar materials limited to: a. leather tanning and finishing.

4. Lumber and wood products (except furniture) - manufacturing

5. Furniture and fixtures - manufacturing

6. Printing, publishing, and allied industries - manufacturing

7. Paper and allied products - manufacturing

8. Chemicals and allied products - manufacturing

9. Petroleum refining and related industries - manufacturing

10. Rubber and miscellaneous plastic products - manufacturing

11. Stone, clay, and glass products, manufacturing

12. Primary metal industries - manufacturing

13. Fabricated metal products – manufacturing 14. Professional, scientific and controlling instruments; photographic and optical goods;

watches and clocks - manufacturing

15. Miscellaneous manufacturing, NEC. *

G. Railroad, rapid rail transit, and street railway transportation

H. Motor vehicle transportation

I. Aircraft transportation

J. Highway and street right-of-way

K. Utilities limited to: 1. Electric utilities

2. Gas Utilities, limited to: a. Gas pipeline right-of-way

b. Gas pressure control stations

3. Water utilities and irrigation

4. Other transportation, communication, and utilities, NEC. *

L. Signs as permitted in Section 3.08.

M. Accessory uses and structures customarily incidental to the permitted use.

10.02 Uses Permitted on Appeal - The following uses and their accessory uses may be permitted on appeal if, in the finding of the Board of Zoning Appeals, such use will not be detrimental to the district in which it is located, and subject to such conditions and safeguards as may be required by the Board of Zoning Appeals: A. Lots or yards for salvage operations as defined in Chapter II and subject to the provisions of

Chapter III, Section 3.16.

B. Utilities limited to and provided that any uses allowed under this category shall be limited to the processing of waste generated solely within the geographic boundaries of Haywood County. 1. Gas utility uses limited to:

a. Natural or manufactured gas storage and distribution points,

b. Other gas utilities, NEC.

2. Sewerage disposal uses

3. Solid Waste disposal, treatment, or storage

4. Hazardous Waste disposal, treatment or storage

C. Related Agricultural industries including:

1. Food and kindred products - manufacturing a. limited to; meat products - manufacturing

D. Public Landfills - as defined in Chapter II

E. Telecommunication’s structures and equipment subject to the provisions of Chapter III, Section 3.22, as well as, to the following standards:

1. That a documented attempt has been made by the applicant to make shared use of existing or planned telecommunications structures in the County and that such shared use has been denied. A list shall be provided of all owners contacted, the date of such contact, and the form and content of such contact.

2. That shared use is not precluded simply because a reasonable fee for shared use is charged, or because of reasonable costs necessary to adapt the existing and proposed uses to a shared site. The Board of Zoning Appeals may consider expert testimony to determine whether the fee and costs are reasonable. Costs exceeding new tower development are presumed unreasonable

3. That any shared use of existing telecommunications structures is technically impractical as supported by technical documentation from a licensed professional independent of the applicant.

4. That any proposed telecommunications structure may not be located within two (2) miles of any existing telecommunications structures.

5. That any proposed telecommunications structure may not be located closer than 1,500 feet to any residential structure.

6. That telecommunications structures may not be located such that a collapse from any cause may pose a hazard to any residential or other structures, or to vehicular traffic.

7 That all telecommunications towers and accessory structures shall be setback from the property lines a distance equal to twenty (20) percent of the tower height plus ten (10) feet. Prior to the approval of any application for a tower, the applicant shall provide written certification from a registered structural engineer that the tower’s height and design is viable and complies with these regulations and applicable structural standards. The letter should also certify that the proposed tower is able to withstand winds of a minimum of seventy (70) miles per hour with one-half (0.5) inch radial ice.

10.03 Uses Prohibited - Any use not specifically permitted by the terms of this Chapter or permissible on appeal is prohibited.

Recommendation: The regional planner recommends the Haywood County Regional Planning Commission to send a negative recommendation, which denies approval of the Donald Lewis Property rezoning request to the Haywood County Commission.