IREDELL COUNTY ZONING BOARD OF ADJUSTMENT

Transcription

1 IREDELL COUNTY ZONING BOARD OF ADJUSTMENT The Iredell County Zoning Board of Adjustment met at a regularly scheduled meeting on Thursday, November 16, 2017 at 6:00 p.m. in the Commissioners Meeting Room of the Iredell County Government Center (Old Courthouse) at 200 S. Center Street in Statesville, NC. MEMBERS PRESENT Roy West, Chairman Bob Dellinger Mac McCombs Tom Gregory Bill Brater Tim Johnson John Allen STAFF PRESENT Rebecca Harper Amy Anderson Matthew Todd Jake Lowman Rich Hoffman D R A F T Chairman West called the meeting to order and had opening prayer. Chairman West declared the public hearing open. He then swore/affirmed in those wishing to speak in regard to the following case. Minutes: Mr. Dellinger made a motion to approve the minutes from the August 17, 2017 meeting. Mr. Brater seconded motion and all were in favor. Ms. Harper presented the following cases: BOA CASE NO Charles & Patricia Crenshaw and Samuel & Sarah Bickley (owners) and Cool Springs Solar LLC (applicant) EXPLANTION OF THE REQUEST The applicant is requesting a Special Use Permit per Chapter 3, R 65 of the Iredell County Land Development Code in order to allow construction of a solar farm. OWNER/APPLICANT Owners: Charles & Patricia Crenshaw Applicant: Cool Springs Solar LLC 421 Park Avenue 130 Roberts Street Mooresville, NC Asheville, NC Samuel & Sarah Bickley Bickley Farms LLC 401 Woodbrook Drive High Point, NC PROPERTY INFORMATION LOCATION: 234 W. Page Hager Road in Cleveland, NC; more specifically identified as a portion of PINs , , and a portion of

2 Page 2 of 12, 11/16/2017 BOA Meeting Minutes DIRECTIONS: Highway 64 east, right on W. Page Hager Road, site is on both sides of the road at E. Page Hager intersection. SURROUNDING LAND USE: This property is surrounded by residential uses and vacant land. SIZE: The property is approximately 407 acres. EXISTING LAND USE: The property currently has one home and the rest is vacant. ZONING: The property is currently zoned RA (Residential Agricultural). FINDINGS OF FACT 1. The request is for a Special Use Permit per Chapter 3, R 65 of the Iredell County Land Development Code in order to allow construction of a solar farm. 2. The property is approximately 407 acres located at 234 W. Page Hager Road in Cleveland, NC; more specifically identified as a portion of PINs , , and a portion of The property is currently zoned RA (Residential Agricultural). 4. The application was filed on 10/2/ The adjoining property owners were notified on 10/23/ The property was posted on 10/23/17. STAFF COMMENTS This is only the third request we have had for a solar farm since we added the use and requirements to the Land Development Code in The information provided has been reviewed and meets the requirements in Chapter 3, R 65 as well as the site plan requirements. EXIHIBITS Staff Exhibit 1. Staff Exhibit 2. Staff Exhibit 3. Staff Exhibit 4. Staff Exhibit 5. Special Use Application Site Plan Chapter 3, R65 Zoning Map 2014 Aerial Map THOSE SPEAKING IN SUPPORT OF THE REQUEST

3 Page 3 of 12, 11/16/2017 BOA Meeting Minutes Tom Terrell, attorney, representing owners and applicant, gave an opening statement. Mr. Terrell entered a notebook into evidence as Exhibit 1 and a brochure from Cypress Creek Renewables into evidence as Exhibit 2. He explained that Cool Spring Solar is a subsidiary of Cypress Creek Renewables. Mr. Terrell explained that the following documents are included in the notebook: Introductory letter submitting materials on behalf of Cypress Creek and Cool Springs Solar Project Narrative explaining that Solar Energy production is not complicated. The technology has been around for five or six decades. Glass panels can absorb light from the sun and transform the energy into useable electricity. Energy travels from the panels to an inverter. The inverter converts it into a type of electricity that can be used on the grid. There are no toxic materials. Decommissioning Plan explaining what takes place at the end of the life of the solar panels. There is no disturbance of the soil. The materials are recyclable. Decommissioning is a bonded process by the Land Development Code. The Law. Mr. Terrell explained that the highest courts in the country have said not wanting to see something is not an issue of harmony. Special Use Permit Standards. Mr. Terrell said a hypothetical danger cannot considered as an issue for public and safety. Additional Conditions. Mr. Terrell explained that the applicant would like for the board to place three conditions on the Special Use Permit. One of the conditions include: Cool Spring Solar shall plant pollinator grasses on no less than 15 acres of the site. Mr. Terrell said pollinator grasses are very beneficial to agriculture and also allows bees to proliferate. Site Map Site Map reflecting the 500 setback. Mr. Terrell said Iredell County has one of the strictest setbacks in the state regarding Solar Panels. Proposed Finding of Facts Affidavit Chris Sandifer will introduce. Statement from a Real Estate Appraiser. Statement on harmony from Jeff Young. Statement from Charles Crenshaw, one of the property owners Horizon Plan At this time, Mr. Terrell asked Chris Sandifer to come forward. Mr. Sandifer said he is a registered Professional Engineer in NC and has practiced engineering since He is also a Licensed Electrical Contractor with unlimited classifications. Mr. Sandifer serves on the Nash County Planning Board. Mr. Sandifer said Nash County has approved 34 utility scale Solar Farms to date. Mr. Sandifer said his family currently leases out 100 acres to a solar arm operation. Mr. Sandifer said solar farms do not create any noise or light pollution. There is no nuclear radiation created by the panels. Mr. Sandifer said if the project is built as planned the solar farm will not materially affect the health and safety of Iredell County. Mr. Terrell asked how much traffic the solar farm. Mr. Sandifer said during mowing season there

4 Page 4 of 12, 11/16/2017 BOA Meeting Minutes will be two trips or so per month. There is yearly routine maintenance that will take a week. Mr. Brater asked Mr. Sandifer if he aware of any pollinator grass fires due to a malfunction. Mr. Sandifer said he is not familiar with pollinator grass. Mr. Brater asked if Mr. Sandifer has heard of any grass fires occurring at solar farms. Mr. Sandifer said no. The assets are extremely expensive and there is not a fuel system that can accidently start any fires. Mr. Allen asked if the solar panels will be high enough to double crop. Mr. Sandifer said no. Mr. McCombs asked the pollinator grass will spread to nearby fields. Parker Sloan, representing Cypress Creek, said the pollinator grass will be planted in the setback areas. Mr. Sloan explained that using pollinator grass is a relatively new practice for solar farms. Mr. Sloan said he does not think the flowers will spread very far. Mr. Sloan said regular and fescue grass will be planted in the other areas on the site. Mr. Brater asked what the next step is after the power is produced. Mr. Sandifer said once the energy is produced it goes into the grid. There will be collective transformers all over the site. Instead disseminating the power it will be collected and traveling through the 100 kb line to substations in Statesville and Mocksville. Mr. Dellinger asked what power company will the energy be going to. Mr. Sandifer said Duke Energy. Mr. Allen asked the estimated life span of the facility. Mr. Sandifer said the panels are guaranteed for 25 years. However, the panels can easier last longer. Transformers and inverters are designed to have a 40 year life. Mr. Sandifer said the panels can easily be swapped out. Mr. Dellinger asked about PCB s. Mr. Sandifer said PCB s have been outlawed for 40 years. Mr. Tew asked Mr. Sandifer if electrical engineering is his area of expertise and asked if he has experience in other engineering fields. Mr. Sandifer said he specializes in electrical but also has experience in mechanical engineering. Mr. Tew asked Mr. Sandifer where he obtained his degree. Mr. Sandifer said Clemson University. Mr. Tew asked how tall the panels would be. Mr. Sandifer said around 8 feet. Mr. Tew asked Mr. Sandifer if he has visited the site. Mr. Sandifer said yes. Mr. Tew asked if there is anything other than trees that are over 8 feet tall in the area. Mr. Sandifer said not that he can recall. Mr. Tew said Mr. Sandifer was not a soil scientist and cannot testify on the topic of grass. Mr. Sandifer said his practical experience has been in the maintenance of solar farms. Mr. Sandifer said he is familiar with the amount of herbicides that are typically used on a farm, which is less than 25% of what is on row crops. Mr. Tew asked Mr. Sandifer if any of his farmland have eight foot tall solar panels. Mr. Sandifer said yes, 100 acres. Mr. Tew asked if he lived in the vicinity of the panels. Mr. Sandifer said the solar panels are located on his farm in Lee County, he currently lives in Nash County. Mr. Tew said Mr. Sandifer is testifying to the engineering not to the soil or erosion. Mr. Tew said Mr. Sandifer testified to the chemicals being used and then asked if the solar panels have been purchased. Mr. Sandifer said he was referring to the information provided to him that states polycrystalline silicon panels will be purchased.

5 Page 5 of 12, 11/16/2017 BOA Meeting Minutes Mr. Tew said there is a wide variety of polycrystalline silicon panels. Mr. Sandifer said yes. Mr. Tew asked Mr. Sandifer where the panels would be produced. Mr. Sandifer said maybe in the US depending on the time that they are purchased, but panels are currently being made in China. Mr. Tew said Mr. Sanifer has not provided any study to show the value of the panels after being in use for 25 years. Mr. Tew asked Mr. Sandifer if breaking down a solar farm is an involved process. Mr. Sandifer said the breakdown is very simple. Mr. Tew asked how many approximate solar panels would be on the site. Mr. Sandifer said hundreds of thousands. Mr. Tew said the Special Use Permit application states there will be around 330,000 panels on site. Mr. Sandifer said the panels are unbolted from the racks and the pilings are pulled up. Mr. Tew asked if there will be a staging area. Mr. Sandifer said the panels could be loaded as the demolishing is taking place. Mr. Tew asked Mr. Sandifer if he has participated in decommissioning a solar site. Mr. Sandifer said he has no knowledge of one being decommissioned. Mr. Tew said Mr. Sandifer has no studies to show how simple or difficult the decommissioning would be. Mr. Sandifer said the same equipment to put the pieces in place would be used to remove them. Mr. Tew said Mr. Sandifer cannot testify what the effects of zinc is because he is not a soil scientist. Mr. Sandifer said if soil does not have enough zinc the farmers will add zinc. Mr. Tew asked if that is personal experience. Mr. Sandifer said yes. Mr. Tew asked about the soil in Nash County. Mr. Sandifer said the soil is red clay about two feet down. Mr. Tew said that is an entirely different area than Iredell County. Mr. Tew asked if Lee and Nash counties are on the coastal plains of the state. Mr. Sandifer said Lee County is. Mr. Tew asked Mr. Sanfider if he is aware of a solar farm in Topaz, California that has had repeated grass fires. Mr. Sanfider said he has been involved with over 200 solar farms in NC and has no knowledge of any grass fires. Mr. Tew said Mr. Sandifer cannot testify as to whether any cables will be buried three feet or more into the ground. Mr. Terrell asked Mr. Sandifer how tall the homes were in the area of the proposed site. Mr. Sandifer said 16 or 18 feet. Mr. Terrell asked if homes would be twice as tall as the solar panels. Mr. Sandifer said yes. Mr. Terrell said Mr. Sandifer owns over 1700 acres of farmland and asked if he knew what erosion looks like. Mr. Sandifer said yes. Mr. Terrell said one does not need a degree to recognize erosion. Mr. Terrell asked Mr. Sandifer if he has ever witnessed erosion on the ground at the base of a solar panel. Mr. Sandifer said no. Mr. Terrell asked Mr. Sandifer if there is any evidence that would suggest that the grass in a solar facility is more likely to catch fire than grass anywhere. Mr. Terrell said no. Mr. Tew made an objection stating the witness is being tendered as an electrical engineer and does not have the competence to testify as to soil science. Mr. Terrell said Mr. Sandifer can be asked about his experience as a farmer and what he has witnessed in respect to solar farms. Chairman West allowed the question.

6 Page 6 of 12, 11/16/2017 BOA Meeting Minutes Mr. Tew said Mr. Sandifer referred to not seeing any erosion on his solar farm in Lee County. He then asked Mr. Sandifer how far east Lee County is from Iredell. Mr. Sandifer said 100 miles east. Rich Kirkland, explained he is a state certified General Appraiser and MAI. Mr. Kirkland said he has been appraising properties in NC for 20 years. Mr. Kirkland said he was asked to look at the impact on property values adjoining solar farms. He said he has looked into that issue across the state for the last six years. He has visited over 300 solar farms. Mr. Kirkland said he also looked into match pairs. Match pairs is how the appraisal institute puts forward as the best way to test to see if there is any impact on adjoining properties. Mr. Kirkland said by the number of adjoining parcels the most common adjoining use across the state is residential. Using the acreage the most commons adjoining use is agricultural. Mr. Kirkland said solar farms are being located in the area of transition of open space land and nearby residential uses. Mr. Kirkland said the proposed site is typical location for a solar farm in the state. In his professional opinion, it is a harmonious location. Mr. Kirkland said he pulled 25 matched pairs from 13 different solar farms. The matched pairs showed no impact on adjoining property values. Mr. Kirkland said there was a new phase going into a subdivision in Goldsboro, NC while a solar farm was approved and developed next door. Therefore, there were home sales before and after the solar farm that had no impact on the price per square foot for the same styled home. There are also home sales that do not adjoin the solar farm that show a home with the same floor plan sells for the same price whether the solar farm adjoins the property or not. Mr. Kirkland said an adjoining solar farm does not affect the appreciation value of a home. Mr. Kirkland said in his expert opinion the proposed solar farm will have no impact on adjoining property values. Mr. Kirkland said the typical distance from solar panels and homes is feet across the state. He said in this case the distance cannot be any less than 500 feet, which further supports that the site will not have any impact on property values. Mr. Dellinger asked Mr. Kirkland if he is licensed as a residential or general appraiser. Mr. Kirkland said he is a certified general appraiser. Mr. McCombs asked Mr. Kirkland if he had a choice to buy a home would he choose a home near a solar farm or not near a solar farm. Mr. Kirkland said if it was vacant land and could be used to develop more homes he would choose the one next to the solar farm. Mr. Tew asked Mr. Kirkland if he were to google NC Solar Impact Report would he be surprised to find a version of the report provided. Mr. Kirkland said no. Mr. Tew said the report includes more companies than Cypress Creek. Mr. Kirkland said yes. Mr. Tew asked Mr. Kirkland if he used the same matched pairs in various locations. Mr. Kirkland said yes. Mr. Tew asked Mr. Kirkland if he provided a substantially familiar appraisal study to Moore County. Mr. Kirkland said the data he compiles is ongoing. There are new matched pairs and sales that were not in the report four months ago.

7 Page 7 of 12, 11/16/2017 BOA Meeting Minutes Mr. Tew said Mr. Kirkland if it was fair to say that the study provides a variety of sales throughout the state. Mr. Kirkland said yes. Mr. Tew said alot of the sales provided are from outside NC. Mr. Kirkland said he has looked at sales in other states. Mr. Tew asked Mr. Kirkland if he has done an exhausting search in a region. Mr. Kirkland said he has looked into a dozen states. Mr. Tew asked Mr. Kirkland if he has found matched pairs that show diminish in value. Mr. Kirkland said no. Mr. Tew asked if he has looked for those. Mr. Kirkland said he thought he found one but the solar farm had not been built. Mr. Tew asked Mr. Kirkland how many times he has testified before county boards. Mr. Kirkland said hundreds. Mr. Tew asked how many times he testified in opposition of solar farms. Mr. Kirkland said he has not testified in opposition but he has declined assignments. Mr. Tew asked Mr. Kirkland if he is being compensated for his services. Mr. Tew asked what his compensation is. Mr. Kirkland said his hourly rate is $275. Mr. Tew asked how much he charged for the report. Mr. Kirkland said an hourly basis at $175 per hour. Mr. Tew asked Mr. Kirkland if he made any changes to the report. Mr. Kirkland said he went by the site. Mr. Tew said he read some of Mr. Kirkland s reports that include some of the same material. Mr. Tew asked why the reports do not mention topography. Mr. Kirkland said the Solar Farm in Gastonia includes rolling topography. Mr. Tew asked if the topography in Goldsboro is relatively flat. Mr. Kirkland said yes. Mr. Tew asked if a screening is more affective on a flat site and it helps that there is no diminish in value. Mr. Kirkland said that is why he referred to a solar facility in Gastonia. Mr. Tew asked if he measured the terrain. Mr. Kirkland said he based it on his visual inspection. Mr. Tew asked the price point of the homes in Goldsboro. Mr. Kirkland said around $270,000. Mr. Tew asked if Mr. Kirkland if he has investigated the value of the homes in the proposed area. Mr. Kirkland said he speaks to what is within a one-mile radius. He said he looked at the demographics around the site. Mr. Kirkland said he did not appraise any adjoining properties. Mr. Tew said Dr. Gatlin s property last appraised for $1.5 million and asked if that would cause Mr. Kirkland to differentiate his analysis based on price point on the relevant price point to the homes in Goldsboro. Mr. Kirkland said no. He said he looked into matched pairs with higher prices than just the Goldsboro site, going up to $800,000 price points. He said he has looked into solar farms that are within a quarter mile of Governor Clubs with multi-million dollar homes. Mr. Tew said adjacent is closer than a quarter mile. Mr. Tew asked Mr. Kirkland his analysis does not differ in between the market of a $270,000 track home and a $1.5 million dollar home sitting on substantial acreage. Mr. Kirkland said he has looked at homes in the $800,000 range that do have adjacency to solar farms and there is no impact on value. Mr. Tew asked if those homes are in his report. Mr. Kirkland said yes, in Maryland. Mr. Tew said not in North Carolina. Mr. Tew asked Mr. Kirkland if he did a market comparison for the real estate market in Maryland and the market in Iredell County. Mr. Kirkland said he looked at the demographics. Mr. Tew asked if the conservation easement on Dr. Gatlin s property creates a difference between the one in Maryland. Mr. Kirkland said he appraises conservation easement has an impact on his property not the surrounding property values. Mr. Tew asked Mr. Kirkland if he conducted a statistical regression analysis. Mr. Kirkland said no. Mr. Tew asked why not. Mr. Kirkland said a regression analysis would not address the

8 Page 8 of 12, 11/16/2017 BOA Meeting Minutes question accurately. Mr. Kirkland said he conducted one in Illinois. Mr. Tew asked Mr. Kirkland if he thought pulling sites from other states is more accurate than conducting a statistical regression analysis. Mr. Kirkland said a statistical regression analysis does not do any good without data points. Mr. Kirkland said he looked at 13 solar farms and has 25 matched pairs. Mr. Tew said it is possible as more matched pairs come up that data will show that solar farms do injure property value. Mr. Kirkland said he thinks that is unlikely. Mr. Tew asked Mr. Kirkland if he has found that cell towers injure property value. Mr. Kirkland said in the examples that he has looked at, he has not found where cell towers have any impact. Mr. Terrell asked Mr. Kirkland if the standards and methods he use the same as the ones taught and required by the Appraisal Institute and NC Appraisal Board. Mr. Kirkland said yes. Mr. Terrell asked if he has followed all the ethical standards in his practice. Mr. Kirkland said yes. Mr. Terrell asked Mr. Kirkland if lending institutions use the same method as he does. Mr. Kirkland said yes. Mr. Terrell asked if the lending institutions use the same method no matter the value of the home. Mr. Kirkland said yes. Mr. Terrell asked how often banks use statistical regression analysis. Mr. Kirkland said he a bank has not asked him to use one. Mr. Terrell asked what an external obsolescence. Mr. Kirkland said it is a function of the location. Mr. Kirkland said poultry farms and landfills are examples of external obsolescence. Mr. Terrell asked Mr. Kirkland if he has an opinion as to why a solar farm would not be an external obsolescence. Mr. Kirkland said measure of impact. The biggest impact on adjoining property values is hazardous material. There is nothing on a solar farm to leach into the soil, causing a hazardous condition. Solar farms do not cause any odor and no impact on noise. Mr. Kirkland said there is sometimes an impact of appearance. It is the smallest category and the hardest one to identify. If there is an impact on appearance, it is very nominal. Mr. Kirkland said the solar panels will be setback a minimum of 500 feet from adjoining residential uses. Neighbors will have a filtered view from a distance. Mr. Kirkland said the data shows there is no impact on property values. Mr. Dellinger said Mr. Kirkland is not an expert in the height of the panels. Mr. Kirkland said he is going by what the developer said. Tom Hester, state certified general appraiser, said he is a designated member of the NC Appraisal Institute. Mr. Hester said he has been an appraiser for 35 years. He said he conducted an impact analysis on the proposed site. He said the proposed use will not have any negative effect on adjoining properties. Mr. Hester said Mr. Kirkland continually adds data to his report. He said the report includes data from different states. Property values are effected by the type of adjacent properties and uses. Mr. Tew asked Mr. Hester if comparing one part of NC to another is sufficient. Mr. Hester said yes. He said Mr. Kirkland looked at a pattern of how the real estate market works. Mr. Hester said he is not saying a comparable in Nash County is the perfect for a comparable sale for a property in a different part of the state. He said they are looking at the way the market works. Mr. Tew asked if location is important. Mr. Hester said it is more complex than that. Mr. Tew asked if it scientifically correct to compare a 100-acre solar farm in a coastal plain to rolling hills of Iredell County. Mr. Hester said that is not what he said. Mr. Hester said Mr. Kirkland said that the pattern of the real estate market there is similar to the market here. Mr. Tew asked Mr. Hester if his solar farm comparison in Johnston County is valid. Mr. Hester said

9 Page 9 of 12, 11/16/2017 BOA Meeting Minutes yes. Mr. Tew said Mr. Hester referred in his report that silos, greenhouses, poultry and hog breeding facilities have similar visual impact as solar facility. Mr. Tew asked Mr. Hester if he has visited the site and if there are any of those type facilities in the area. Mr. Hester said he has visited but did not see those type uses. Mr. Terrell asked Mr. Hester if he is comparing a sale in Goldsboro to a sale in western NC. Mr. Hester said no. Mr. Terrell asked if a matched pair considers a property that is either adjoining a solar farm or very close to it and comparing it to one that is several blocks to a mile away in the same market. Mr. Hester said yes. He said that he tries to find two properties that are as similar as possible. Mr. Terrell asked if Mr. Hester if his studies are about the difference of economies or how properties react to a particular use. Mr. Hester said how a property reacts to a particular use. Mr. Terrell asked Mr. Hester if he has ever seen a home near a solar farm operate or effected differently in the east versus the piedmont. Mr. Hester said no. Mr. Tew asked Mr. Hester if he has reviewed property in this part of the state. Mr. Hester said yes, in Rowan and Davie County. Mr. Tew asked Mr. Hester if he can take a matched pair, analysis from Detroit, Michigan is relevant to Iredell County, NC. Mr. Hester said he would not say that. He said the real estate market generally works the same. Jeff Young said he has over 40 years of experience in zoning and land use. Mr. Young said the county has a good ordinance. He said harmony by definition is a functional analysis of how the proposed development will work. Mr. Young said he sees no impacts of noise, odor, light, dust, excessive traffic, or environmental with the proposed use. He said the courts have addressed the issue of harmony. Mr. Tew objected. He said Mr. Young is not an expert in the law and asked that the analysis of legal cases be left to the attorneys. Mr. Terrell asked Mr. Young, as a planner, if it is job to understand an ordinance. Mr. Young said yes to read and write them. Mr. Terrell asked if he reads and interprets ordinance as to how they apply to certain zoning districts. Mr. Young said is a certified planner with the American Institute of Certified Planners. Mr. Terrell asked Mr. Young if he is familiar with the cases cited in his report. Mr. Hester said he is rendering a holding of the case. Chairman West asked Mr. Young if he is only going to relate rulings on similar situations. Mr. Young said yes. Mr. Tew said that the board has a duty to make findings of fact and certain conclusions of the law. Experts cannot make legal conclusions as to what the board has to make. Mr. Tew made a standing objection to any attempt that Mr. Young makes any legal conclusions. Chairman West referred to Ms. Valdez for clarification. Ms. Valdez said Mr. Young can relay what is stated in the court cases in support of what his separate analysis is and asked the clerk note Mr. Tew s objection for the record to any legal analysis. Mr. Young explained three solar farm cases in relation to harmony. He said in a Robeson County the court held that whether a solar farm is seen or is considered an eyesore was not relevant to the issue of harmony. Mr. Young referred to a cell tower case in Roanoke Rapids. The court held that neighbors statements that they did not want to look at a cell tower is speculative opinions not documentary evidence, therefore not competent evidence on the issue of harmony. He also referred to a billboard case in Franklinton; the court held that opponents testimony that a billboard is seen in a particular location is simply irrelevant as to whether the billboard is incompatible with the neighborhood. The evidence was merely an unsubstantiated opinion.

10 Page 10 of 12, 11/16/2017 BOA Meeting Minutes Mr. Young said in his opinion that the proposed solar farm is in harmony with the proposed area. He said there is also a legislative presumption in the ordinance that a solar farm is an appropriate use in Iredell County. Mr. Young said the property falls within the rural conservation area in the 2030 Horizon Plan. The rural conservation districts are either actively used for farming, forestry, or horticulture purposes. Mr. Young said the intent of the classification is to employ additional standards to insure that the development of higher intensity land uses within these areas do not create a negative impact on neighboring working lands. Mr. Young said in his opinion the proposed use is in compliant with the ordinance with the special standards set out in the land use plan. Mr. Young said the solar farm proposed at this location would comply with the general plans of development for this part of the county, zoning ordinance, and the 2030 Horizon Plan. Chairman West asked Mr. Young if he found any instances where a solar farm is denied based on the lack of harmony in the area. Mr. Young said he is not aware of any. Mr. Tew asked Mr. Young if that is all the cases that deal with harmony or visual impact. Mr. Young said no. Mr. Tew asked Mr. Young if he has heard the case of SBA Inc. vs. City of Ashville. Mr. Young said no. Mr. Tew said the Court of Appeals discussed how opponents to a proposed cell tower that the proposed tower would rise four times higher than any building in the area. Mr. Tew asked Mr. Young if that is consistent with his opinion that appearance is not a relative factor. Mr. Young said it is not his determination that appearance is an irrelevant factor; it is the court s opinion. Mr. Terrell said Mr. Tew is beginning to testify and therefore he should have a right to cross-examine him. Mr. Tew said he is not testifying but the developer has put on an expert who intended to testify about the contents several cases. Mr. Tew said he is asking questions about a case he did not list. Mr. Tew said the documents speak for itself if the board would like to read it. Mr. Tew asked Mr. Young about the 2030 Horizon Plan. He asked Mr. Young if he has been to the property. Mr. Young said yes. He then asked what is currently on site. Mr. Young said it is a combination of crop fields, cleared land, wooded land, and floodplain. Mr. Tew asked Mr. Young what would be incompatible with the area. Mr. Young said something that would detract or be detrimental to the operations of the adjacent lands for agricultural purposes. Mr. Terrell asked if it would be uncommon to place a grain silo in an agricultural area. Mr. Young said no. He then asked if a grain silo is an industrial use. Mr. Young said yes. Mr. Terrell then asked about a chicken processing facility. Mr. Young said it is not uncommon. Mr. Terrell asked if a subdivision would be compatible with an agricultural area. Mr. Young said yes. Mr. Terrell asked if a subdivision with one and two story homes be much more visible than a solar farm. Mr. Young said yes. Mr. Tew asked Mr. Young if there any subdivisions in the proposed area. Mr. Young said there are scattered homes adjacent to the site. Mr. Tew then asked if there any industrial uses in the area. Mr. Young said not that he is aware. Mr. Tew asked Mr. Young if the uses in the area is limited to residential and agricultural. Mr. Young said yes. Ms. Valdez asked Mr. Tew if he is admitting the SBA case as an exhibit. Mr. Tew said he intends to discuss it. Mr. Terrell said he would address the case in his closing arguments. Both attorneys agreed that case law does not be in evidence.

11 Page 11 of 12, 11/16/2017 BOA Meeting Minutes Parker Sloan, representing Cypress Creek spoke in favor of the request. He said Cypress Creek is an exceptionally experienced solar energy construction company. The farm produces energy at or below market costs making solar power an option for everyone. Mr. Sloan said he concurs with Mr. Young s report that a solar farm is in harmony with neighboring land uses. He said there are different types of rural land uses coexist harmoniously. One specific use does not necessarily effect the continuity of any neighboring land uses. Mr. Sloan said although aesthetics is subjective it is important that solar energy is objective because it is a low intense land use. It does not create dust, smell, light, or noise and does not take up well water or need any public utilities. Mr. Sloan said a solar farm is one of the most harmonious land uses in a rural area. Mr. Sloan said the solar farms are remotely monitored and can be turned off for any reason. Mr. Sloan said there are no other land uses that require decommissioning or bonding. He said Cypress Creek would fully comply with any ordinance requirements. Mr. McCombs asked if the glare creates lights. Mr. Sloan said sun reflects off metal surface creating glare that is reflecting light. Mr. Tew asked if a part of decommissioning takes place once the lifetime of the panel is done. Mr. Sloan said yes. Mr. Terrell asked Mr. Sloan what happens to the land after the decommissioning process. Mr. Sloan said the land is put back to its original state. Mr. Terrell asked if it could be farmland. Mr. Sloan said yes. Mr. Allen asked how many homes this facility would provide energy for. Mr. Sloan said 15,000 homes annually. Mr. Dellinger asked about tax credits. Mr. Terrell asked Mr. Hester said the average accessed value is just under $4,000 per acre with a total tax accessed value $2.429 million. There is a tax land use deferment so the taxable value is $2.1 million. The taxable value under the current use is $283,000. The annual property tax in the first year would go to about $110,000. Mr. Brater asked if the 30% tax credit is federal. Mr. Hester said the tax credit is applicable to the cost of equipment, $16 million of the equipment will be taxed. Mr. Tew said the tax questions is off subject. At this time, Chairman West declared a five-minute recess. Sarah Bickley, daughter of Dr. Sam Bickley, spoke in favor of the request. She said the property has been in her family for over 40 years. Ms. Bickley said adjoining property owners are attempting to control what her father does with his own land. She said a solar farm would be useful for the area. Jeff Smith, Chairman of the Statesville Chamber of Commerce, spoke in favor of the request. He said the solar farm will have a positive economic impact and will help create jobs. Don King, a manufacturing representative and hobby beekeeper, spoke in favor of the request.

12 Page 12 of 12, 11/16/2017 BOA Meeting Minutes He said he has worked with Cypress Creek on several projects and recommended that the board of approve the request. In the interest of time, all parties agreed to continue the meeting until Thursday, December 21, At this time, Mr. Dellinger made a motion to continue the meeting until Thursday December 21, 2017 at 5 p.m. Amy B. Anderson, Administrative Assistant Date Read and/or Approved DATE FILED IN THE MINUTE BOOK BY THE CLERK:. NOTE: THE APPLICANT HAS THIRTY [30] DAYS FROM THIS DATE TO APPEAL THE DECISION BY THE BOARD.