Scotland County Board of Commissioners Regular Meeting, April 1, 2024, EOC Building, Scotland County Board of Commissioners Regular Meeting, April 1, 2024, EOC Building, Commissioners in attendance: Chairman Tim Ivey, Vice Chair Darrel "BJ" Gibson, Commissioners Bo Frizzell, Whit Gibson, Clarence McPhatter II, and Darwin Williams. Staffi in attendance: County Manager April Snead, County Attorney Ed Johnston, Clerk to the Board Jason Robinson, and Community Relations Specialist/Deputy Clerk to the Board Dorothy  1403 West Boulevard, Laurinburg, NC  1403 West Boulevard, Laurinburg, NC  Commissioners not present: John Alford  Tyson.  Call to Order, Invocation. Special Recognition, and Pledge of Allegiance Chairman Ivey called the meeting to order and asked Commissioner Whit Gibson to deliver the invocation. After the invocation, Chairman Ivey then led the pledge of allegiance. Chairman Ivey then stated that it was a special day, it is Sandy Callan's birthday.  Approval of the Agenda  Motion was made by Vice Chair Gibson to approve the agenda, and the motion was duly seconded by Commissioner Whit Gibson. Vote to approve agenda: Unanimous.  Public Forum  The Board heard from Dr. Will Cooley who stated that hel had asked questions two months ago and not received any response. Dr. Cooley also spoke about solar farms and the fact that solar farm companies are paying 101 times the amount to lease the land than it would to buy  it.  Consent Agenda  The consent agenda for April was as follows:  1. Approve minutes oft the March 4, 2024 Regular Meeting and. February 29, 2024. Recessed 2. Approve February tax refunds, releases, and discoveries (Attachment. A)  Meeting  3. Approve ClvyofLaurinburgs firework request 4. Approve Health. Department reclassification 5. Approve County. Attorney retirement benefits  Motion was made by Commissioner Whit Gibson to approve the consent agenda as presented. Motion was duly seconded by Commissioner McPhatter. Vote to approve  consent agenda: Unanimous.  Overcoming Inequality in Home Ownership and Generational Wealth  The Board first heard from St. Andrews University Senior, Genesis Davis. Ms. Davis presented her research on race, generational wealth and how that is tied to home ownership. Ms. Davis stated that there is a clear link between home ownership and crime, that the higher the home ownership, the lower the crime. Ms. Davis also stated that an organization called the Neighborhood Assistance Corporation of America (NACA) which helps with buying homes and  1    Scotland County Board of Commissioners Regular Meeting, April 1, 2024, EOC Building, has character based lending. Chairman Ivey stated that after having worked in the industry fora a  1403 West Boulevard, Laurinburg, NC  number of years, it is smart to be careful with these types ofl lenders.  Emergency Communications  The Board next heard from 911 Communications Director Samantha Dutch. Ms. Dutch stated that each year the second week in April is designated as National Telecommunicator Week. Last year. Ms. Dutch reported that Scotland County answered more than 35,000 calls and more than 81,000 non-emergency calls, 48,000 calls for service and more than 1.5: million radio transmissions. Ms. Dutch then read aj proclamation for National Public Safety Telecommunicators Week April 14-20, 2024. Upon hearing from Ms. Dutch, motion was made by Commissioner Whit Gibson to approve the proclamation. The motion was duly seconded by Vice Chair Gibson and the vote to approve was unanimous (Attachment B)  Scotland County Department of Social Services  The Board next heard from DSS Director Kimberly McRae. Ms. McRae stated that April isal big month for DSS with April 5th as the national day to wear blue to bring awareness to child abuse prevention. Also, according tol Ms. McRae, there will be a ribbon cutting at Cynthia's place for the reopening oft that facility on April 24th. Ms. McRae recognized the Child Protective Services team and the Leadership Development Team. Ms. Wendy Stanton read the proclamation recognizing April as Child Abuse Prevention Month. Upon hearing from Ms. Stanton, motion was made by Vice Chair Gibson to approve the proclamation. Motion was duly seconded by Commissioner Williams and the vote to approve was unanimous (Attachment C). Ms. McRae also stated that April is also Second Chance Month for Reentry. Ms. McRae then introduced Ms. Linda Ross, the Chair of the Reentry Council who read the proclamation for Recognition of April as Second Chance Month. Upon hearing from Ms. Ross, motion was made by Vice Chair Gibson to approve the proclamation. Motion was duly seconded by Commissioner Whit Gibson and the vote to approve was unanimous  (AttachmentD).  WUNC Radio Special Use Permit Application  The Board next heard from Jim McMillan, Chair ofthe Scotland County Planning and Zoning Board. Mr. McMillan stated that this special use permit was to add: new equipment to an existing tower. Mr. McMillan stated that the planning and zoning board approved the application unanimously. Chairman Ivey then opened the public hearing and seeing no one to speak in favor ori in opposition, closed the public hearing. Motion was made by Vice Chair Gibson to approve the special use permit application. The motion was dulys seconded by Commissioner Frizzell and the vote to approve the application was unanimous.  Cypress Creek Solar Farm Applications  The Board next moved to the application for special use permits for Laurel Crest Solar Farm and Scotch Grove Solar Farm as well as ai rezoning request for Scotch Grove Solar Farm. Chairman Ivey read a statement related to conflicts ofinterest for Board members and asked if any Board members needed to recuse themselves from the hearing. Commissioner Frizzell asked tol be excused from the hearings because he stated that he does business with almost everyone involved with the hearing. Chairman Ivey stated that it was the pleasure of the Board. Motion was made by Commissioner Williams to allow Commissioner Frizzell to recuse himself  2    Scotland County. Board of Commissioners Regular Meeting, April 1, 2024, EOC Building, from the hearing. Motion was dulys seconded by Vice Chair Gibson and the vote to approve was unanimous. Commissioner Whit Gibson stated that he was on several boards with one of the land owners, Mr. Lee Howell. County Attorney Ed. Johnston stated that he didn't feel that was a conflict ofi interest because there would be no financial gain from Commissioner Whit Gibson. Chairman Ivey then read a statement about quasi-judicial hearings, which this hearing qualifies. Chairman Ivey stated that decisions in quasi-judicial proceedings are based on evidence that is presented and the Board is limited to finding ift the applicants meet the standards of the ordinance. All oft the presenters were then administered an oath by the clerk to the board. The Board first heard from Mr. Tom Terrell, an attorney with Fox Rothschild. Mr. Terrell stated that the Board had been presented with two notebooks that were being offered as evidence to meet the standards oft the zoning ordinance. According tol Mr. Terrell, the evidence is competent, material, and substantial. Mr. Terrell also stated that ift the chair would allow, the witnesses will adopt the testimony to the individual projects but the testimony is substantially the same for both projects. Mr. Terrell then walked the Board through the notebooks and the tabs, and stated that the evidence goes above and beyond what is required by the zoning ordinance. Mr. Terrell directed the Board to the qualifications of the witnesses and asked them to recognize them as experts. Chairman Ivey stated that the witnesses were recognized as experts in their fields of expertise. Mr. Terrell recognized Ms. Nicole Miller, Associate Director with Cypress Creek Renewables. Ms. Miller explained to the Board that both oft these projects are prospects and have to be chosen by Duke Energy and ift they are chosen, they would start in about 3-4 years. Ms. Miller then gave some history of Cypress Creek and their history in North Carolina. Ms. Miller stated that a solar farm needs to be in a fate, dry land with access to transmission lines and transmission capacity. Laurel Crest is an 80: megawatt 480 acre site. There is a $4.8 million decommissioning bond to return the site back to the way that it was originally. Ms. Miller also stated they have worked with a neighbor and agreed to a third party monitoring for storm water and the vegetative buffer would be 10: feet within 3 years. Ms. Miller also outlined the wildlife corridor plan and stated that $5 million in revenue would be gained by the County for the life of the project. This would also provide about 100 construction jobs. Ms. Miller also highlighted the North Carolina Decommissioning Bill that would require the site to go back to original. Ms. Miller then introduced Mr. Chris Sandoford. Mr. Sandoford stated that he is a licensed engineer in 15 states as well as a licensed electrical engineer. Mr. Sandoford stated that he had worked for 30 years for Duke Energy, that he grew up on a farm, he lives on a farm, and he has solar panels on his farm. He also stated that he serves on the planning board in Nash County. Mr. Sandoford informed the Board that there are currently 16 solar farms in the county. Ifthese 2 are approved, then there is less than 1% of the land in the county is used for solar farms. The solar farms do: not harm groundwater and in his professional opinion, would not harm the health and safety oft the people in Scotland County. Mr. Sandoford stated that Scotch Grove has the same topography as Laurel Crest and they use the same equipment and it has went through the same process and! he believes that it will also not harm the health and safety of the people in Scotland County. The Board next heard from Nick Kirkland of Kirkland Appraisals. Mr. Kirkland stated that he was a state certified appraiser and had been an appraiser for over 9 years and could give testimony to the market impacts of solar farms. Having no objection from the Board for Mr. Kirkman as an expert witness, he was accepted. Mr. Kirkman stated that he had looked at over 1000 solar farms where they are: normally found, rural to suburban areas on residential or agricultural land. In his professional opinion, Mr. Kirkman stated that the solar farm will be in harmony with the surrounding area. Mr. Kirkman stated that he has compared home sales of  1403 West Boulevard, Laurinburg, NC  3    Scotland County Board of Commissioners Regular Meeting, April 1, 2024, EOC Building, homes not next to solar farms and homes that are next to solar farms. Mr. Kirkland said that there were over 90 of these homes compared and there was no impact at all. Mr. Kirkland also said he had spoken with tax departments and 90% oft them said there was no negative impact on property values from solar farms and 10%1 had no comment. Mr. Kirkland stated that in his professional opinion, both Laurel Crest and Scotch Grove are both harmonious with the surrounding area. Commissioner Whit Gibson asked ift there was ever an instance where he didn'tfeel that the solar farm was harmonious with the area. Mr. Kirkland stated that sometimes there are characteristics and factors had to be adjusted. Mr. Kirkland stated that for solar farms you had to look at appearance. Mr. Terrell stated that ift the Board would like to consider the two projects together that could be a possibility. They are almost identical, except Scotch Grove has ad different site plan and the buffer is different. Also, Duke Energy may elect toj put batteries but that is not known yet. Ms. Miller then came back and outlined the details of Scotch Grove. Ms. Miller stated that Scotch Grove was an 80 megawatt and that the site could add a 32 megawatt battery on 750 acres. Ms. Miller informed the Board that Cypress Creek had a neighborhood meeting and as a result they increased the setback that is required to 200 feet to account for neighbors and increased the setback on 15/501. She also stated that Cypress Creek had a self imposed wildlife corridor, had moved the site entrances, and increased the vegetative buffer to 25 feet deep. At eye level you can'ts see the panels. Ms. Miller then reviewed the economic benefits to Scotland County and stated that if a battery is added it could increase taxes by $2 million over the life of the project. Vice Chair Gibson asked about the vegetative buffer and what is the plan for maintaining it. Ms. Miller stated that a hard lesson was learned about that and now a landscape architect is involved early and if something doesn'tsurvive it will be replaced. Commissioner Williams asked about how many homes would benefit from the Scotch Grove project. Ms. Miller stated that enough electricity would be generated to power 15,000 homes just like Laurel Crest. Commissioner Williams asked how long it would be before citizens saw benefits. Mr. Terrell stated that the citizens are seeing benefits now: from other counties because solar farms keep energy costs contained because it is cheaper toj produce. Mr. Sandoford stated that solar farms help stabilize costs because the energy from the sun doesn'tincrease in price. He also stated that the panels are very efficient. Commissioner Williams asked ift the City of Laurinburg would benefit from the projects. Mr. Sandoford stated that since the city is part of Electricities and they buy power as cheaply as possible. Commissioner McPhatter asked how long it would be before the first checks were written for the taxes. Mr. Terrell stated that the first year of anticipated construction would be 2027, sO 2028 would be the first year. Chairman Ivey asked how much the decommissioning would be and Ms. Miller stated $7.61 million. Chairman Ivey then closed the hearing. County Attorney Ed Johnston stated that usually he writes the order in consultation with the attorney from the solar farm. Upon hearing from Mr. Johnston, motion was made by Commissioner Whit Gibson to approve the special use application for Laurel Crest Solar Farm with the county attorney's language. Motion was duly seconded by Vice Chair Gibson and the vote to approve was unanimous with Commissioner Frizzell abstaining. Motion was made by Vice Chair Gibson to approve the rezoning request and special use permit for Scotch Grove Solar Farm again with the county attorney's language. Motion was dulyseconded by Commissioner Williams and the vote to approve was  1403 West Boulevard, Laurinburg, NC  unanimous with Commissioner Frizzell abstaining. Solar Farm Ordinance Amendment  4    Scotland County Board of Commissioners Regular Meeting, April 1, 2024, EOC Building,  1403 West Boulevard, Laurinburg, NC  Chairman Ivey reminded the Board that the public hearing had been held for the solar farm ordinance amendment on March 27th. Discussion followed about the amendment and what itwould do. Upon conclusion of discussion, motion was made to approve the amendment by Commissioner Whit Gibson and the motion was duly seconded by Commissioner Frizzell.  The vote to approve the amendment was unanimous.  Boards and Committees  Vice Chair Gibson stated that there were a number of appointments for the month of April. First was the ABC Board. Vice Chair Gibson stated that there were 2 vacancies and that Chairman Ivey would be reappointed to the. ABC Board. Motion was made by Vice Chair Gibson to appoint Chairman Tim Ivey, Jeff Maley, and Larry McGill to the. ABC Board. Motion was duly seconded by Williams and the vote to approve was unanimous. Vice Chair Gibson then stated that there were two appointments for the Board of] Equalization and Review (BOER) and in addition, the chair of the BoER could not be reappointed SO a chair must be named. Motion was made by Vice Chair Gibson to appoint Mary Helen Norton and Alexis Tyson to the Board of Equalization and Review and to appoint Ms. Mary Helen Norton as the chair. Motion was duly seconded by Commissioner Whit Gibson and the vote to approve was unanimous. Vice Chair Gibson then stated that there was an opening on the planning and zoning board. Motion was made by Vice Chair Gibson to appoint Billy Thomas to the planning and zoning board. Motion was dulys seconded by Commissioner McPhatter and the vote to approve was unanimous. Vice Chair Gibson then informed the Board that a few months ago, the Board appointed members to the Zoning Board of Adjustment and the terms of that board need to be staggered and three alternates were named instead oft the two that was outlined in the ordinance. Because ofthat one oft the alternates need to be removed and everyone given a term. Motion was made by Vice Chair Gibson to appoint John Ferguson, Don Norton, and Jimmy Bennett to a two year term since they have been on this board the longest. In addition, to appoint Debbie Evans and Frank Evans to a three year term. Also, to appoint the alternates as follows: Daniel Dockery to a 2 year term and Joy Hine to a three year term. Finally, to remove William "Joe" Graves from the alternate list. Motion was duly seconded by Commissioner Whit Gibson and the vote to approve was unanimous.  County Manager Report  The Board next heard from County Manager April Snead. Ms. Snead updated the Board concerning the easements for Monarch BioEnergy. According tol Ms. Snead, the county attorney is working with them to finalize the agreement. Ms. Snead then informed the Board that two informational meetings were being held later on in the month, possibly on April 23rd and April 30th. Ms. Snead then updated the Board concerning the IT services for the County. Ms. Snead stated that every month there is progress that is being made. Last month the CIS benchmarks were instituted. These are the "best practices" for IT. Right now. DSS and Health Department has computers on everyone's desks. Discussion followed about the advances that have been made to getting the network back up and running throughout the County. Ms. Snead also updated the Board concerning the WAVE project in partnership with the Administrative Office of the Courts (AOC). This was something that AOC wanted done in the courthouse. Ms. Snead also reviewed other improvement tasks such as the printing/copying audit, and the internal time review. Commissioner Frizzell asked about East Laurinburg Recycling. Ms. Snead stated that  5    Scotland County Board ofCommissioners: Regular Meeting, April 1, 2024, EOC Building, the last she had heard was that we were still waiting for the surveyor. Ifsomething hasn't  1403 West Boulevard, Laurinburg, NC  cometogether soon,we may need to start looking elsewhere.  Commissioner News  Commissioner Williams stated that he would like to remind everyone toj pray for UNC-Pembroke for everything that is going on. Vice Chair Gibson stated that he thanks the commissioners that joined him at Sycamore Lane in the discussion with the elected officials. Chairman Ivey also mentioned the event at Sycamore Lane and a 4th grader asked when al high school was going tol be built. Chairman Ivey also mentioned that Hoke County is in need of  water and there may be an opportunity to work together.  Recess  Having no further business at this time, motion was made by Commissioner Whit Gibson to recess until April 10th at 9:00 am at the Morgan Center 517 Peden Street. Motion was dulyseconded by Vice Chair Gibson. Vote to recess was unanimous.  Robinson Clerk to the Board  Tim Chair  AR6  R  (county seal)  6    Order Granting Special Use Permit (Laurel Crest Solar, LLC)  This matter came before the Scotland County Board of Commissioners ("Board") at its regularly scheduled meeting on. April 1, 2024 for a public hearing on Laurel Crest Solar, LLC's  application for a special use permit ("SUP").  Upon request of Cypress Creek Renewables, parent company of Laurel Crest Solar, LLC ("Laurel Crest") and Scotch Grove Solar, LLC("Scotch Grove")and upon agreement ofthe Board, this application and the application of Scotch Grove Solar, LLC were considered in simultaneous hearings sO that information and evidence common to each application could be presented to the Board only once. It was further agreed that the Record of] Proceedings for each application would include evidence presented in the other public hearings unless that evidence, by its nature, related  only to one application.  Upon the request for recusal by Commissioner Frizzell who described his close business connections to landowners and others with an interest in these matters, the Board voted 6-0 to  approve his recusal.  FINDINGS OF FACT  After swearing in all witnesses who would be speaking in favor of the application and  hearing evidence from the applicant, the Board makes the following findings.  A. General Findings  1.  Notice oft the hearing was proper and met all county and state requirements.  2. The due process rights of the parties were protected in that all witnesses were under oath, each interested party had adequate opportunities to present evidence and cross-examine witnesses  and offer rebuttal testimony.  3.  Each of Laurel Crest's witnesses, including Nicole Miller, Chris Sandifer, P.E., and Nicholas Kirkland, NC General Appraiser, were accepted as expert witnesses in their respective  areas oft testimony. 4.  In addition to each witness's testimony, the applicant presented a binder that included materials addressing each of the SUP standards, which evidence was found to be competent,  material, and substantial.  5.  Based upon descriptions of the evidence below, Laurel Crest Solar met its burden of  production entitling it to an SUP.    B. Findings on SUP Standards  The following evidence supporting compliance with the SUP standards in Zoning  Ordinance Section 6.5.5(M)(i) through (v) is partial and illustrative, not exhaustive: The proposed use will not materially endanger the public health or safety.  1.  a.  Christopher Sandifer, an electrical engineer with 52 years of experience in energy  systems, grid analysis, and solar energy, presented a 21-page report that explained why electro- magnetic fields would be equal to or less than what is naturally present from the earth itself; that solar panels do not contain toxic materials; and that solar farms do not emit anything into the air, soil, or water; and all equipment will comply with thel National Electric Code and contain the stamp  oft the Underwriters Laboratories.  b.  The applicant presented reports from ESRG on the safety ofbattery energy storage  and from the NC State Clean Energy Technology Center that explained in detail why solar farms  are not a material danger to public health and safety. and would be consistent with all NCDEQ regulations.  C.  The applicant presented materials describing how site design would prevent erosion The proposed use will comply with all regulations and standards generally applicable within the zoning district and any development regulations applicable to that specific use in the  2. Ordinance. a.  The applicant's materials noted that if it did not comply with all standards and  regulations that it would be unable to receive building permits.  3.  The proposed development will not injure the value ofadjoining property.  a.  Mr. Nicholas Kirkland of Kirkland Appraisals submitted a 101-page market impact  study that met all standards required by the Appraisal Institute and the Uniform Standards of Professional. Appraisal Practice. The: study used a matched pair analysis based on market data taken from sales ofhomes adjacent to solar farms throughout North Carolina in very similar locations, and compared those sales to comparable homes not near the solar farm and in the same general  market window. b. farms.  Mr. Kirkland testified that his data indicate that homes not near solar farms are  selling at the same prices and with the equivalent time on the market as homes adjacent to solar  4. The proposed use will be in harmony with the area in which iti is located.  a.  The applicant showed photos of the 90-foot transmission lines that cross this site  and that set the tone for the character of the area.  2    b. The applicant showed renderings of vegetative buffers that would entirely shield 5. The proposed development will be consistent with the Scotland County Comprehensive  the project and panels from public view.  Land Use Plan. a.  The applicant listed many provisions in the Land Use Plan that indicated this  proposed use was consistent, specially including the listing of solar farms and energy development  as being appropriate in rural areas.  6.  Res Judicata.  Thomas E. Terrell, Jr., attorney for Laurel Crest Solar noted that the county had approved numerous solar farms over the past decade and had made the same findings on each of those applications. Unless the underlying facts are demonstrably different, those previous applications  operate as res judicata.  7.  While the Chair invited its submission, there was no opposing testimony or evidence.  CONCLUSIONS OFLAW  The Board adopts the: following Conclusions ofLaw and imposes the following conditions  by vote of6-0.  1. The applicant, Laurel Crest Solar, LLC, presented competent, material, and substantial evidence that its application met the SUP: standards in Zoning Ordinance Section 6.5.5(m). Having met its burden of production and there being no competent evidence in opposition, Laurel Crest Solar, LLC is entitled to a special use permit for a solar farm on tax parcels 020309  2.  0100801 and 020310 0100101.  3.  The special use permit is hereby issued, subject to the following conditions:  a. b. C. d. e.  All buffers and setbacks shall be as offered and described, including vegetative  buffers 10-feet deep as shown and setbacks set to 20: feet adjacent to neighbors.  Wildlife corridors shall be installed and erected as described.  Site entrances shall bel located away from residences as shown on illustrative plans  and will be subject to change with NCDOT approval.  30 feet of setbacks shall be applied adjacent to wetlands.  The decommissioning bond shall provide financial assurance compliant with  N.C.G.S. S 130A-309.240(d) prior to commercial operation of the facility.  3    Ordered this 6 day of Mlay.,2024  The Honorable Tim Ivey,  R5  4    Order Granting Special Use Permit Ordinance for Rezoning (Scotch Grove Solar, LLC)  And  This matter came before the Scotland County Board of Commissioners at its regularly scheduled: meeting on. April 1, 2024 for public hearings on Scotch Grove Solar, LLC'sa application to rezone tax parcels 020316 01001, 020315 01001, 020314 01025, and 020314 01021 to Residential Agricultural (RA) zoning district and for an application for a special use permit ("SUP") for a solar farm with battery storage on the above listed parcels plus tax parcel 020314  01019 which is already zoned RA.  Upon request of Cypress Creek Renewables, parent company of both Scotch Grove Solar ("Scotch Grove") and Laurel Crest Solar, LLC ("Laurel Crest") and upon agreement oft the Board, this application and the application for an SUP for Laurel Crest Solar, LLC were considered in simultaneous hearings sO that information and evidence common to each application could be presented to the Board only once. It was further agreed that the Record of Proceedings for each application would include evidence presented in the other public hearings unless that evidence, by  its nature, related only to one application.  Upon the request for recusal by Commissioner Frizzell who described his close business connections to landowners and others with an interest in these matters, the Board voted 6-0 to  approve his recusal.  I. ORDINANCE REZONING TAX PARCELS  Be it resolved, the Board hereby enacts an ordinance by a vote of 6-0 rezoning the following tax parcels to the RA (Residential Agricultural) zoning district: PIN 020316 01001 (rezoned from R1MHA); PIN 020315 01001 (rezoned from RAMHA); PIN 020314 01025  (rezoned from RIMHA); and PIN 020314 01021 (rezoned from R1).  The Board further finds that the rezonings are reasonable and in the public interest in that they create a common zoning plan among adjoining parcels and are generally consistent with the Scotland County Comprehensive Land Usel Plan by supporting future economic growth, protecting private property rights and land values, and encouraging development in suitable areas.  II.  ORDER GRANTING SPECIAL USE PERMIT  After swearing in all witnesses who would be speaking in favor of the application and  hearing evidence from the applicant, the Board makes the following findings.    FINDINGS OF] FACT  A. General Findings  1. 2.  Notice oft the hearing was proper and met all county and state requirements.  The due process rights of the parties were protected in that all witnesses were under oath, and each interested party had adequate opportunities to present evidence, cross-examine witnesses,  and offer rebuttal testimony.  3.  Each of Scotch Grove's witnesses, including Nicole Miller, Chris Sandifer, P.E., and Nicholas Kirkland, NC General Appraiser, were accepted as expert witnesses in their respective 4. In addition to each witness's testimony, the applicant presented a binder with materials addressing each of the SUP standards, which evidence was found to be competent, material, and  areas oft testimony.  substantial. 5.  Based upon descriptions of the evidence below, Scotch Grove Solar met its burden of  production entitling it to an SUP. B. Findings on SUP Standards  The following evidence supporting compliance with the SUP standards in Zoning  Ordinance Section 6.5.5(M)(i) through (v)i is partial and illustrative, not exhaustive: 1. The proposed use will not materially endanger the public health or safety.  a.  Christopher Sandifer, an electrical engineer with 52 years of experience in energy  systems, grid analysis, and solar energy, presented a 21-page report that explained why electro- magnetic fields would be equal to or less than what is naturally present from the earth itself; that solar panels do not contain toxic materials; and that solar farms do not emit anything into the air, soil, or water; and all equipment will comply with thel National Electric Code: and contain thes stamp  of the Underwriters Laboratories.  b. The applicant presented reports from ESRG on the safety of battery energy storage and from the NC State Clean Energy Technology Center that explained in detail why solar farms  are not a material danger to public health and safety. and would be consistent with all NCDEQ regulations.  C.  The applicant presented materials describing how site design would prevent erosion The proposed use will comply with all regulations and standards generally applicable within the zoning district and any development regulations applicable to that specific use int the  2. Ordinance.  2    a.  The applicant's materials noted that ifi it did not comply with all standards and  regulations that it would be unable to receive building permits.  3.  The proposed development will not injure the value ofa adjoining.property.  a.  Mr. Nicholas Kirkland ofE Kirkland Appraisals submitted a 101-page market impact  study that met all standards required by the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice. Thes study used ai matched pair analysis based oni market data taken from sales of homes adjacent to solar farms throughout North Carolina in very similar locations, and compared those sales to comparable homes not near the solar farm and in the same general  market window. b. farms. 4.  Mr. Kirkland testified that his data indicate that homes not near solar farms are  selling at the same prices and with the equivalent time on the market as homes adjacent to solar  The proposed use will be in harmony with the area in which it is located.  a. b.  The applicant showed photos of the 90-foot transmission lines that cross this site The applicant showed renderings of vegetative buffers that would entirely shield  and that set the tone for the character of the area. the project and panels from public view.  5. The proposed development will be consistent with the Scotland County Comprehensive  Land Use Plan. a.  The applicant listed many provisions in the Land Use Plan that indicated this  proposed use was consistent, specially including the listing of solar farms and energy development  as being appropriate in rural areas.  6.  Res Judicata.  Thomas E. Terrell, Jr., attorney for Scotch Grove Solar noted that the county had approved numerous solar farms over the past decade and had made the same findings on each of those applications. Unless the underlying facts are demonstrably different, those previous applications  operate as res judicata.  7.  While the Chair invited its submission, there was no opposing testimony or evidence.  CONCLUSIONS OFI LAW  Thel Board adopts the following Conclusions ofLaw and imposes the following conditions  by vote of6-0.  3    1. 2.  The applicant, Scotch Grove Solar, LLC, presented competent, material, and substantial evidence that its application met the SUP: standards in Zoning Ordinance Section 6.5.5(m). Having met its burden of production and there being no competent evidence in opposition, Scotch Grove Solar, LLC is entitled to a special use permit for a solar farm with battery storage for tax parcels 020316 01001, 020315 01001, 020314 01025, 020314 01021, and 02031401019. The special use permit is hereby issued, subject to the following conditions:  3.  a.  All buffers and setbacks shall be as offered and described, including new vegetative  buffers 25-feet deep as shown along Monroe Road and US 15-501 and setbacks increased to 200 feet adjacent to neighbors along Monroe Road, as shown, and to 100 feet adjacent to US 15-501, as shown. All other property setbacks are: set to 20 feet and 10: feet deep vegetative buffers unless  specified otherwise. b. C. d. wetlands. e. f.  Wildlife corridors shall bei installed and erected as described.  Site entrances shall be located away from residences as shown on illustrative plans An extra 10 feet of setbacks (for a total of 40 feet) shall be applied adjacent to The decommissioning bond shall provide financial assurance compliant with  and are subject to change with NCDOT approval.  N.C.G.S. $ 130A-309.240(d) prior to commercial operation oft the facility.  Battery storage is allowed. Ordered this 6 day of May 2024  ALs The Honorable Tim Ivey, Chairman  4