March 2, 2015 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 452 Meeting of the Johnston County Board of Commissioners March 2 , 2015 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 2 , 2015 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Tony Braswell called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment - None 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – February 18 and 25 , 2015 Certified letters were mailed to adjoining property owners on February 13 , 2015 Notices were posted at the locations on December 2 , 2014 for Cases 14 - 27 and 14 - 28 ; and January 5 , 2015 for Cases 15 - 01 ; 15 - 02 ; and 15 - 03 The Chairman opened the Rezoning Hearing for Case 14 - 27 Case 14 - 27 Petition to rezone 3963 acres out of three tracts totaling 10301 acres located at 1491 Bizzell Grove Church Road SR 2141 in Micro Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 10P08001 ; 10P08005 ; 10P08004B Owner JW Bizzell and Edith Bizzell Applicant Bizzell Church Solar 2 LLC Planning Director Berry Gray stated the petition is to rezone 3963 acres out of three tracts totaling 10301 acres located at 1491 Bizzell Grove Church Road in Micro Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a solar utility facility Mr Gray explained the location of the property and stated the existing use is zoned Agricultural Residential and used for such purposes The surrounding land uses are zoned Agricultural Residential ; Community Business for a church ; and General Business – Special Use District and Industrial 1 – Special Use District for an automotive repair business The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Gray stated a community meeting was held by the applicant on November 12 , 2014 and an impact study was provided Mr Gray called the Board’s attention to the site plan that was reviewed by the Planning Board versus the revised site plan that has been submitted by the applicant and explained the revisions , as follows Site Plan Reviewed by Planning BoardPage453 March 2 , 2015 – 6 00 pm Continued REVISED Site Plan Mr Gray noted if the rezoning request is approved based on the revised site plan , the applicant plans to withdraw Rezoning Case 14 - 28 which had included property across the road from the subject site He stated the revised site plan will actually reduce the intensity of the development and bring the use away from the surrounding properties by an additional 100 feet Mr Gray reviewed the site plans on the screen with the Board in detail He stated the actual use contained within the zoning acreage will be smaller than previously proposed since a significant amount of the acreage will be a part of the buffer Upon a question by Commissioner Allen L Mims , Jr , Mr Gray stated the property will be leased Attorney Brett Hanna with Smith Moore & Leatherwood , 434 Fayetteville Street , Raleigh , representing Applicant Bizzell Church Solar 2 LLC , addressed the Board Mr Hanna submitted various maps to the Board showing the proposed usage of the property as well as the revisions Mr Hanna clarified the property will be purchased from the current owner Mr Hanna stated throughout the process they have listened to everything the neighbors have had to say and have tried to respond to their requests , including withdrawing their plans to operate on the opposite side of the road Mr Hanna stated with the revised plans there is a lot less mass along the roadways than was previously planned and the visual impact has been lessened Upon questions by Commissioner Chad M Stewart , Mr Hanna stated over time as they have received comments from neighbors during the process of seeking approval for the rezoning , they have tried to create a project that addresses everyone’s concerns so that they can make use of the property while not disrupting the manner of the local area He stated the solar panels have been relocated farther south on the site plan and they have increased the buffer in direct reaction to comments received from the neighboring property owners At the inquiry of Chairman Tony Braswell , Mr Hanna stated they do intend to purchase the property from the Bizzell Family and then they will have a lease in place with the operator Commissioner Ted G Godwin asked what is planned for the property that had been previously included in the proposed use Mr Hanna stated the property that has been taken out of the original concept will be left in its existing state to help blend in with the surrounding area He stated they may look at some agricultural contracts for people to grow things if possible Commissioner Mims stated he would like to know more about the landscaping buffer and what would be planted ; however , that could be discussed during the special use if the rezoning is approved Tom Bone , 5954 Hinnant - Edgerton Road , Selma , stated he lives on the northeast corner near the subject property Mr Bone stated when the process began there was about 30 people that attended a meeting regarding the proposed use and most of those people walked away frustrated because they felt it was a foregone conclusion Mr Bone stated over the process , their concerns were heard and things have gotten more positive with the changes that have been made by the applicant ; however , the proposed use will still be visible Mr Bone stated he purchased his property to live in the country and not overlook an industrial use He expressed concerns thatPage454 March 2 , 2015 – 6 00 pm Continued his property value will be decreased Mr Bone submitted information to the Board regarding material and articles he has researched that indicate surrounding properties will have some type of impact as well as the potential for a “ Heat Island Effect ” Mr Bone stated the proposed buffers drawn on the plans are five years in the future and he is concerned about visual impacts while waiting for the landscaping buffers to mature Mr Bone spoke on his materials that included information regarding heat and average temperatures from solar farms and stated based on that research , when winds are blowing primarily from the southwest , he will have higher temperatures in his yard on warm days Mr Bone stated he is concerned that there has not been enough study on the use and how it will impact surrounding properties which should be considered before approving the use Property Owner Edith Bizzell stated she thought long and hard about what to do with her land Ms Bizzell stated she did not want to sell her property , but she has little income and has to live Ms Bizzell continued everyone needs electricity and she spoke on living without electricity as a young child Ms Bizzell stated she has lived there for over 40 years and she along with her husband worked hard all their lives until his death five years ago Ms Bizzell stated she put much thought and consideration as to what the property could be used for and the more she studied the matter , the more she felt the solar farm was the safest thing to have Ms Bizzell stated the use will have less traffic than a subdivision and she added that she does not want to do anything that would harm her friends and neighbors At the request of Commissioner Stewart , Mr Gray noted the location of Ms Bizzell’s house on the site plan for the Board There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Mr Gray noted if the Board chooses to approve the rezoning request , because of the revised site plan , the Board would need to include Parcel No 10P08001B in the approval There being no further comments , the Chairman recessed the Rezoning Hearing for Case 14 - 27 Decision on Rezoning Case 14 - 27 Case 14 - 27 Petition to rezone 3963 acres out of three tracts totaling 10301 acres located at 1491 Bizzell Grove Church Road SR 2141 in Micro Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 10P08001 ; 10P08005 ; 10P08004B Owner JW Bizzell and Edith Bizzell Applicant Bizzell Church Solar 2 LLC Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 14 - 27 with the addition of Parcel Tax ID # 10P08001B Commissioner DeVan Barbour seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 14 - 27 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 10P08001 ; 10P08005 ; 10P08004B ; 10P08001B located at 1491 Bizzell Grove Church Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT Page455 March 2 , 2015 – 6 00 pm Continued 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent due to compatibility with Objective 2C which promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions , including evergreen buffering and height restrictions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Adopted this the 2nd day of March , 2015 Commissioner Ted G Godwin moved the Board approve Rezoning Case 14 - 27 to rezone 5396 acres out of four tracts totaling 11146 acres , based on the addition of Parcel Tax ID # 10P08001B included in the previously approved Statement of Consistency Resolution , located at 1491 Bizzell Grove Church Road in Micro Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 14 - 27 Case 14 - 27 To allow for a solar utility facility Owner JW Bizzell and Edith Bizzell Applicant Bizzell Church Solar 1 LLC Those wishing to speak on Special Use Case 14 - 27 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a solar utility facility Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 14 - 27 on October 1 , 2014 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 16 , 2014 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 14 - 27 and made the following recommendations Upon a motion by Mr Smith to Rezoning Case 14 - 27 , seconded by Ms Hackler , with Mr Stewart , Mr Summerlin and Mr Massengill opposing , carried by a vote of 4 - 3 , the Johnston County Planning Board recommended approval of Rezoning Case 14 - 27 at their December 16th , 2014 Planning Board Meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions The request is reasonable and in the public interest in that the conditions , including evergreen buffering and height restrictions , will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Ms Hackler to approve the Special Use Conditions of Case 14 - 27 , seconded by Mr Letchworth , with Mr Stewart and Mr Massengill opposing , carried by a vote of 4 - 2 , the Johnston County Planning Board recommended approval of the Special Use Conditions for Case 14 - 27 at their December 16th , 2014 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That 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 ; Applicant The proposed solar farm will be maintained and promote the public health , safety , or general welfare Solar farms are regularly located in residential and agricultural areas Solar farms are good neighbors SolarPagePage pageNumber5456 March 2 , 2015 – 6 00 pm Continued panels mounted on racks are less than 10 feet tall at their highest point , much lower than the average home or barn The site will generate virtually no traffic The solar farm will not be staffed daily Employees are expected to visit the property weekly or less frequently to check and maintain the equipment , mow the grass , and make repairs The active area of the solar farm will be enclosed by a 6 foot 6 security fence and gated for security purposes Access codes to the gate will be provided to local emergency service providers Vehicular access to the site is adequate for the use proposed and for emergency services Staff The site will be fenced in completely and the solar panels are not to generate any safety issues or a nuisance to surrounding property owners This request will be subject to the special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed solar farm conforms to the applicable regulations of the Johnston County Land Development Code , the I - 2 SU zoning district and the Solar Energy Generation Facility All solar mounting devices and ground - mounted solar equipment are more than twenty feet 20 from all property lines and all solar mounting devises are less than forty feet 40 in height The site is well landscaped along adjacent residential uses Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code 3 That 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 the use or development is a public necessity ; Applicant The proposed solar farm is located , designed and proposed to be operated so as to maintain the value of contiguous property Solar farms are quiet The solar arrays proposed have no moving parts The only sound is the quiet hum of electrical transformers and inverters that deliver solar power to the power grid At night , when the sun is not available , there is no energy being created and no noise on the site Solar farms generate far fewer vehicle trips than one average single - family home Employees visit the site once a week or even less frequently Solar panels are designed to absorb light , rather than reflect it No lighting is proposed for the solar farm In addition , electricity is a public necessity Demand for electricity has increased in recent years , and our society is dependent upon conventional sources of power such as coal , gas , and nuclear energy Conventional sources of electricity are expensive , finite resources that require significant environmental disruption and public safety risk to maintain or extract Solar energy is a clean , cheap , unlimited resource with little environmental impact Staff The site will be maintained by someone locally , and along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed solar farm conforms with the general plans for physical development of the countys planning jurisdiction The subject property is located within the Secondary Growth Area under the Johnston County 2030 Comprehensive Plan The Secondary Growth Areas are not contemplated for urban - style development before 2030 Solar farms make good transitional land uses They allow property owners to maintain large lots while generating income for themselves Solar farms preserve rural character Solar farms consume practically no county services no seats in county schools or on school buses , virtually no refuse or recycling needs , no special police protection , no light pollution , no emissions of any kind , no demand for water , and no sewage disposal Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To allow for a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a class “ C ” landscape buffer 3 large trees , 8 evergreen trees and 12 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Maximum height of equipment shall be 10 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barb wire 9 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being operated , maintained or used in an operable state of good repair Mr Gray listed and reviewed the special use conditions with the Board Mr Gray added to condition # 10 the following language , in accordance with previous special use permits for solar utility facilities “ Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being operated , maintained or used in an operable state of good repair ” PagePage pageNumber6457 March 2 , 2015 – 6 00 pm Continued Attorney Brett Hanna with Smith Moore & Leatherwood , 434 Fayetteville Street , Raleigh , representing Applicant Bizzell Church Solar 2 LLC , submitted for the record sworn affidavits from David Klausman , PE , Kevin Gorman , RLA , and J Thomas Hester , MAI as well as the Property Impact Analysis prepared by J Thomas Hester of Hester & Company Mr Hanna added the affidavits do state that the plans as they are drawn will comply with all the ordinances and the report prepared by Hester & Company states there will be no adverse impacts to the neighboring property owners as a result of this development Mr Hanna stated this hearing is a special use hearing which is quasi judicial where the rules of evidence apply and he would like to state for the record that the reports cited by Mr Bone during the rezoning hearing are not competent evidence under North Carolina Law and must be considered hearsay unless Mr Bone can submit that he is an expert regarding solar farm temperatures Mr Hanna continued his statement by reviewing the findings of fact and how the use meets the findings of fact , as follows 1 That 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 ; Mr Hanna’s Response We meet that standard because the facility will be secured with a chain link fence around it to comply with the Utility Commission’s regulations and barb wire will be included as it is also required by the Utility Commission There will be a sign posted with emergency access numbers for fire , emergency responders , etc The use does not use county services such as water , sewer , or generate additional trips The use increases the tax base for the County without increases in services There will be maintenance on the site approximately once a week to cut the grass and make sure that everything is as it should be 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Mr Hanna’s Response The affidavits address this element , but the site plan as it is complies with the requirements The panels will be less than 10 feet high and all of the setbacks are much larger than what is required under the ordinance 3 That 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 the use or development is a public necessity ; Mr Hanna’s Response Electricity is a public necessity and whether for good or for bad , laws have been passed saying that a certain percentage of electricity generated in the United States will be provided by renewable energy sources such as solar and we are helping to meet those standards As Mr Thomas Hester can testify , with the way we have the site configured there are no negative impacts on the surrounding property values 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Mr Hanna’s Response Under the County’s Comprehensive Land Use Plan , this is a secondary growth portion of the County and by developing this property in this manner , and given the amount of property we are not making use of at this time , this allows the property to stay in large tracts so that in the event the need arose where a different use was needed , the large rural character would still be intact The property is not being broken up into lots for a subdivision that would increase traffic Mr Hanna offered to answer any questions Commissioner Jeffrey P Carver commented that Mr Hanna made a point that Mr Bone , who spoke during the rezoning hearing , is not an expert and he stated the Board of Commissioners are also not experts and if the applicant has someone on their team that can address the concerns regarding temperature changes , he would like to hear that information Commissioner Carver stated perhaps at some point , the County may need to consult with its own expert on solar farms , just as it has done for cell towers Mr Hanna stated when Mr Bone cited a report talking about transmission line easements decreasing surrounding property values , he would like to point out that a 100 foot transmission line easement currently crossesPagePage pageNumber7458 March 2 , 2015 – 6 00 pm Continued a portion of the subject property which is near Mr Bone’s property Mr Hanna stated they had to plan around that easement Commissioner Cookie Pope asked who would handle the local maintenance on the property Mr Hanna stated a local person would be hired to handle the maintenance of the property Commissioner Allen L Mims , Jr noted Mr Hanna reported the site would not use water and he asked how the panels would be cleaned Rich Moretz , 400 Virginia Avenue , Carolina Beach , North Carolina , addressed the Board Mr Moretz stated he is a part of the owner operator group , Cypress Creek Renewables Mr Moretz stated they intend to lease the property once it is sold to the new owners Mr Moretz recalled the article mentioned by Tom Bone during the rezoning hearing regarding “ Heat Island Effect ” and stated that article is one of many that has been written about this subject Mr Moretz stated that article only looked at the temperature at the center of the facility and not at the perimeter where the heat dissipates Mr Moretz explained the panels are roughly six to nine feet off the ground and there is an evaporation cooling effect that must be taken into consideration He noted similar applications have been used in airport parking lots to reduce the “ Heat Island Effect ” Mr Moretz stated water would be hauled to the site to clean the panels when needed At the inquiry of Commissioner Chad M Stewart , Mr Moretz stated they will be the operator of the facility and he is an expert only in the fact that he has built solar farms , but he is not an engineer in that regard Mr Moretz stated they operate approximately 20 locations in North Carolina and approximately another 40 locations in other states Chairman Tony Braswell stated regarding whether someone is an expert or not , the Board must listen to everyone that speaks and has the right to take whatever is submitted to them in consideration Tom Bone , 5954 Hinnant - Edgerton Road , Selma , stated from a buffering standpoint , the coverage needs to be better and faster growing than what is planned Mr Bone stated he does not wish to see panels sticking through the buffer He asked the Board to consider requiring more or larger evergreens Mr Bone stated he lives in a two story house and his deck is 1 ½ stories up so he will be looking over the top of the trees at the panels Mr Bone stated he realizes he is not an expert but in the material he submitted it states that 900 meters from the perimeter there is an increase in the temperature Mr Hanna stated he objects to Mr Bone’s comments regarding temperature changes Commissioner Mims stated he would like more information regarding the screens and buffers In response to Commissioner Stewart , Mr Bone stated he is concerned with buffering the visual impact Mr Bone also noted he has heard there will be cameras monitoring the site and he does not want cameras pointed at his backyard Kevin Gorman , RLA , Bloc Design , 1310 S Tryon Street , Charlotte , North Carolina addressed the Board Mr Gorman stated there is a landscaping mix planned for the buffering He reported the evergreen trees that will be installed will be 6 feet when they are planted and 36 ” shrubs which will grow eight to ten feet in height at maturity He stated there are some larger maturing deciduous trees planned as well He stated on top of that , every fifteen feet , Carolina Jasmine will be grown along the fence Mr Gorman stated they have gone above what is required and although the use will not disappear on day one , they are trying to plant things that will buffer in a faster timeframe Commissioner Mims asked Mr Gorman if he has any thoughts as to what should be done with the land that is not included in the actual use Mr Gorman stated he does not want to speak to someone else’s use of their property , but it seems to him that a feasible use would be to continue to farm the property Commissioner Mims asked at maturity , what is the tallest tree that will be planted with the buffer Mr Gorman stated some of the larger maturing trees such as oaks and maples will grow to 50 or 60 feet PagePage pageNumber8459 March 2 , 2015 – 6 00 pm Continued Commissioner Mims stated he assumes that all the panels will be oriented toward the south and he was wondering if the buffer screen would be better if it were closer to the neighboring properties so it is not shading the use during the winter time Mr Gorman responded that is feasible and they have looked at it in some instances and certainly they are conscious of large maturing trees as far as shading on the panels Mr Gorman stated they go by the ordinance as to what is required and in some areas they have discussed additional requirements depending on what is being screened Commissioner Mims stated this is a special use request and the Board can amend the requirements but they need a Landscape Architect to tell them what will do a better job at satisfying the neighbors Mr Gorman stated in other instances they have gone with a tighter spacing of landscaping versus larger maturing trees and if Mr Bone is concerned more with screening then that is an option to be considered Chairman Braswell asked Mr Gorman if he could work with the Planning staff on the landscape buffering Mr Gorman agreed he would work with staff on the landscaping buffering and he believes there is something that can be worked out to benefit everyone Commissioner Stewart asked Mr Hanna if he felt all the other surrounding property owners ’ concerns had been met Mr Hanna stated he believes all the other surrounding property owners ’ concerns have been addressed since the applicant has made changes in accordance with their comments There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions He stated in terms of the buffer , large trees have been waived in the past for solar facilities , and if this Board is inclined , in condition # 5 staff would still recommend 10 evergreen trees and 10 evergreen shrubs centered in between the trees so that if a tree died , the shrub would remain to provide buffering Mr Gray stated staff will work with the applicant on the landscaping There being no further comments , the Chairman recessed the Special Use Hearing for Case 14 - 27 Decision on Special Use Case 14 - 27 Case 14 - 27 To allow for a solar utility facility Owner JW Bizzell and Edith Bizzell Applicant Bizzell Church Solar 1 LLC Based on the findings of facts and revised special use conditions to include language in condition # 5 for Planning Staff to work with applicant on landscaping , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 14 - 27 to allow for a solar utility facility on 5396 acres out of four tracts totaling 11146 acres located at 1491 Bizzell Grove Church Road in Micro Township Commissioner Ted G Godwin seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That 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 ; Applicant The proposed solar farm will be maintained and promote the public health , safety , or general welfare Solar farms are regularly located in residential and agricultural areas Solar farms are good neighbors Solar panels mounted on racks are less than 10 feet tall at their highest point , much lower than the average home or barn The site will generate virtually no traffic The solar farm will not be staffed daily Employees are expected to visit the property weekly or less frequently to check and maintain the equipment , mow the grass , and make repairs The active area of the solar farm will be enclosed by a 6 foot 6 security fence and gated for security purposes Access codes to the gate will be provided to local emergency service providers Vehicular access to the site is adequate for the use proposed and for emergency services PagePage pageNumber9460 March 2 , 2015 – 6 00 pm Continued Staff The site will be fenced in completely and the solar panels are not to generate any safety issues or a nuisance to surrounding property owners This request will be subject to the special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed solar farm conforms to the applicable regulations of the Johnston County Land Development Code , the I - 2 SU zoning district and the Solar Energy Generation Facility All solar mounting devices and ground - mounted solar equipment are more than twenty feet 20 from all property lines and all solar mounting devises are less than forty feet 40 in height The site is well landscaped along adjacent residential uses Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code 3 That 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 the use or development is a public necessity ; Applicant The proposed solar farm is located , designed and proposed to be operated so as to maintain the value of contiguous property Solar farms are quiet The solar arrays proposed have no moving parts The only sound is the quiet hum of electrical transformers and inverters that deliver solar power to the power grid At night , when the sun is not available , there is no energy being created and no noise on the site Solar farms generate far fewer vehicle trips than one average single - family home Employees visit the site once a week or even less frequently Solar panels are designed to absorb light , rather than reflect it No lighting is proposed for the solar farm In addition , electricity is a public necessity Demand for electricity has increased in recent years , and our society is dependent upon conventional sources of power such as coal , gas , and nuclear energy Conventional sources of electricity are expensive , finite resources that require significant environmental disruption and public safety risk to maintain or extract Solar energy is a clean , cheap , unlimited resource with little environmental impact Staff The site will be maintained by someone locally , and along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed solar farm conforms with the general plans for physical development of the countys planning jurisdiction The subject property is located within the Secondary Growth Area under the Johnston County 2030 Comprehensive Plan The Secondary Growth Areas are not contemplated for urban - style development before 2030 Solar farms make good transitional land uses They allow property owners to maintain large lots while generating income for themselves Solar farms preserve rural character Solar farms consume practically no county services no seats in county schools or on school buses , virtually no refuse or recycling needs , no special police protection , no light pollution , no emissions of any kind , no demand for water , and no sewage disposal Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT To allow for a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install a class “ C ” landscape buffer 3 large trees , 8 evergreen trees and 12 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense Planning Staff will work with Applicant on landscaping requirements 6 Maximum height of equipment shall be 10 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barb wire 9 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being operated , maintained or used in an operable state of good repair The Applicant for Case 14 - 28 following withdrew the request Case 14 - 28 Petition to rezone 3747 acres out of three tracts totaling 4479 acres located at 1567 and 1642 Bizzell Grove Church Road SR 2141 in Micro Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 10P08004B ; 10P08001B ; 10P08001M Owner JW Bizzell and Edith Bizzell Applicant Bizzell Church Solar 3 LLC Special Use Permit To allow for a Solar Utility Facility The Chairman reopened the Rezoning Hearing for Case 15 - 01 Case 15 - 01 Petition to rezone 3215 acres out of a 5384 acre tract located at 2072 Old Rock Quarry Rd SR 2316 in Boon Hill Township from Agricultural Residential AR to Industrial 2 – Special UsePage0461 March 2 , 2015 – 6 00 pm Continued District I2 - SUD Tax ID 04P10007B Owner James Roy Worley and Sherry Worley Applicant ESA Princeton 2 NC , LLC Kirk Keiffer Planning Director Berry Gray stated the petition is to rezone 3215 acres out of a 5384 acre tract located at 2072 Old Rock Quarry Rd in Boon Hill Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a solar utility facility Mr Gray stated the existing use is zoned Agricultural Residential and used for such purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Mr Gray called to the Board’s attention the Property Impact Study in the agenda packet and noted a community meeting was held on January 19 , 2015 at the subject site for residents to see the plans and ask questions Javier Ladre , representing the Applicant ESA Princeton 2 NC LLC , 4150 St Johns Parkway , Sanford , Florida , asked the Board to approve the rezoning request for a solar utility facility so they can sell power to the grid He stated they have already received approval for a couple of other solar farms in Johnston County There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 15 - 01 Decision on Rezoning Case 15 - 01 Case 15 - 01 Petition to rezone 3215 acres out of a 5384 acre tract located at 2072 Old Rock Quarry Rd SR 2316 in Boon Hill Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 04P10007B Owner James Roy Worley and Sherry Worley Applicant ESA Princeton 2 NC , LLC Kirk Keiffer Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 01 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 01 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 04P10007B located at 2072 Old Rock Quarry Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent due to compatibility with Objective 2C which promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions , including evergreen buffering and height restrictions will ensure that the request is compatible with the surrounding area and will not negatively impact the public Page1462 March 2 , 2015 – 6 00 pm Continued Adopted this the 2nd day of March , 2015 Commissioner DeVan Barbour moved the Board approve Rezoning Case 15 - 01 to rezone 3215 acres out of a 5384 acre tract located at 2072 Old Rock Quarry Rd in Boon Hill Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 15 - 01 Case 15 - 01 To allow for a solar utility facility Owner James Roy Worley and Sherry Worley Applicant ESA Princeton 2 NC , LLC Kirk Keiffer Those wishing to speak on Special Use Case 15 - 01 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for a solar utility facility Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 15 - 01 on November 12 , 2014 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On January 20 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 15 - 01 and made the following recommendations Upon a motion by Mr Summerlin to approve Rezoning Case 15 - 01 , seconded by Mr Creech , with a unanimous vote of 9 - 0 , th the Board approved Rezoning Case 15 - 01 at the January 20 , 2015 Planning Board Meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions The request is reasonable and in the public interest in that the conditions , including evergreen buffering and height restrictions , will ensure that the request is compatible with the surrounding area and will not negatively impact the public Upon a motion by Mr Smith to approve the Special Use Conditions for Case 15 - 01 , seconded by Ms Hackler , the Special Use Permit for Case 15 - 01 was approved based on the following findings of fact and conditions Finding of Facts for the Special Use Permit 1 That 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 ; Applicant The solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and a landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site Staff The site will be fenced in completely and the solar panels will not generate any safety issues or a nuisance to surrounding property owners This request will be subject to the special use conditions , which will ensure that the development maintains the public health , safety , and general welfare of the community 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant In compliance with Sec 14 - 123 of the Johnston County , NC Code of Ordinances , the solar farm will be set back at least 20 feet from all property lines , solar mounting devices will be limited to no more than 40 feet in height , and equipment and accessory structures shall be set back at least 20 feet from all property lines Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code Page2463 March 2 , 2015 – 6 00 pm Continued 3 That 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 the use or development is a public necessity ; Applicant Special care will be taken to maintain the value of contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure , such as schools , water , and or waste systems Staff The site will be maintained by someone locally , and along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State , and Local agencies Specific Land Uses APPLICANT To allow for a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Provide 8 evergreen trees and 8 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Maximum height of equipment shall be 12 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 9 All signage must comply with the sign code and be limited to one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being operated , maintained or used in an operable state of good repair Mr Gray added to condition # 10 the following language , in accordance with previous special use permits for solar utility facilities “ Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being operated , maintained or used in an operable state of good repair ” Upon a question by Commissioner Allen L Mims , Jr , Mr Gray stated the landscaping buffering requirement for this case is slightly less than the buffer requirement for Case 14 - 27 because in Case 14 - 27 there were more neighboring property owners Javier Ladre , representing the Applicant ESA Princeton 2 NC LLC , 4150 St Johns Parkway , Sanford , Florida , confirmed they do understand and agree with the special use conditions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 15 - 01 Decision on Special Use Case 15 - 01 Case 15 - 01 To allow for a solar utility facility Owner James Roy Worley and Sherry Worley Applicant ESA Princeton 2 NC , LLC Kirk Keiffer Based on the findings of facts and special use conditions as listed below , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit for Case 15 - 01 to allow for a solar utility facility on 3215 acres out of a 5384 acre tract located at 2072 Old Rock Quarry Rd in Boon Hill Township Commissioner Cookie Pope seconded the motion which carried by unanimous vote Page3464 March 2 , 2015 – 6 00 pm Continued Finding of Facts for the Special Use Permit 1 That 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 ; Applicant The solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and a landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site Staff The site will be fenced in completely and the solar panels will not generate any safety issues or a nuisance to surrounding property owners This request will be subject to the special use conditions , which will ensure that the development maintains the public health , safety , and general welfare of the community 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant In compliance with Sec 14 - 123 of the Johnston County , NC Code of Ordinances , the solar farm will be set back at least 20 feet from all property lines , solar mounting devices will be limited to no more than 40 feet in height , and equipment and accessory structures shall be set back at least 20 feet from all property lines Staff The use shall comply with the use and intensity regulations as set forth in the Land Development Code 3 That 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 the use or development is a public necessity ; Applicant Special care will be taken to maintain the value of contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure , such as schools , water , and or waste systems Staff The site will be maintained by someone locally , and along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State , and Local agencies Specific Land Uses APPLICANT To allow for a solar farm Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Provide 8 evergreen trees and 8 evergreen shrubs per every 100 linear feet along the zoning boundary , existing natural vegetation may be used if equal or more intense 6 Maximum height of equipment shall be 12 ’ 7 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 8 The area housing all the equipment shall be enclosed within a 6 ’ chain link fence topped with barbwire 9 All signage must comply with the sign code and be limited to one ground sign no more than 36 sf and 6 ’ tall 10 Solar farm facility shall be removed , at the owner’s expense , within one hundred eighty 180 days of a determination by the Zoning Administrator that the facility is no longer being operated , maintained or used in an operable state of good repair The Chairman reopened the Rezoning Hearing for Case 15 - 02 Case 15 - 02 Petition to rezone 6 acres out of a 7529 acre tract located off Devil’s Racetrack Road SR 1009 in Ingrams Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 08K14195G Owner Christopher L Barbour and Tammie W Barbour Applicant James Leslie Corbett Planning Director Berry Gray stated the petition is to rezone 6 acres out of a 7529 acre tract located off Devil’s Racetrack Road in Ingrams Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for a sand mining operation Mr Gray stated the existing use is zoned Agricultural Residential and used for such purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes ; as well as Industrial 2 – Special Use District and used for a mining operation The area is located within a designated “ Agricultural Rural Conservations Area ” on the County Comprehensive Land Use Plan which denotes areas ofPage4465 March 2 , 2015 – 6 00 pm Continued low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Applicant James Corbett , 81 Daughtry Road , Smithfield , stated he plans to dig a pond and sell the soil He stated they will not harm anything and all the land there is sandy and drains well In response to a question from Commissioner Chad M Stewart , Mr Corbett reported he already has other places in the area that he mines Upon a question by Commissioner Ted G Godwin , Mr Corbett stated he plans to mine the subject area probably two or three years There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Commissioner Ted G Godwin stated the plans call for the applicant to dig a pond and he asked what happens if the pond does not hold water Mr Gray stated there is no requirement that the pond be filled He noted the applicant is required to obtain a mining permit from the State which addresses such concerns There being no further comments , the Chairman recessed the Rezoning Hearing for Case 15 - 02 Decision on Rezoning Case 15 - 02 Case 15 - 02 Petition to rezone 6 acres