The City Council met Monday night for more than two and half hours. Most of the time was spent in two long public hearings of the four scheduled. Of the four public hearings three were specific to ground based industrial scale solar collectors colloquially called solar farms. (Solar farm is incorrect term. To be a farm traditionally has meant to grow or raise a reproducible crop or livestock. What reproduction can be credited to metal or glass?) The one non-solar public hearing was swiftly completed and approved. The results of the public hearing on the solar collectors probably split some neighbors’ lives and friendships.
Public Hearings ground based industrial scale solar collectors (solar farms)
Questions surrounding the erection of ground based industrial scale solar collectors have plagued both our city and county governments. Fortunately the city has taken the leadership role in this debate. In February the council met the builder, his lawyer, and a property owner all asking for a zoning alteration that would permit the erection ground based solar panels over a 40 acres plot in a residentially zoned neighborhood. Over the next four months changes to zoning ordinances were crafted by the city’s planning and engineering departments along with the public’s input.
The council’s agenda included three separate ordinances dealing with aspects of the original zoning change request. First was a zoning change requested by two land owners to allow the erection of the ground based industrial scale solar collectors in residential agricultural zone. Second was a zoning change governing the design standards including site planning, fencing, screening and decommissioning standards. Third was a zoning change that essentially prohibits ground based industrial sized solar collectors in any area zoned residential – agricultural. This was the agenda sequence, not the sequence the zoning changes were approved.
The basic debate is quite simple. Those favoring the industrial sized solar collectors would financially benefit from the erection and operation although they are immune to any changes in character of the neighborhood. Those favoring greater regulations and government control of land usage do not financially benefit from the erection or operation of industrial size solar collectors although they are directly impacted to the changes in a character of the neighborhood.
The first three voices favoring the first zoning change Butch Spain, the property owner, Louis Iannone, an employee of Strata Solar Development, a Chapel Hill based company and contracted to erect the solar collectors, and Dave Neill, a partner with the law firm Smith Moore Leatherwood, LLP, and is legal counsel for the property owner and Strata Solar Development. First to speak was Mr. Iannone who may have been distracted by our city council’s procedural rules. Rules he disapproved and requested to be changed. He first lectured the council on zoning law and solar energy. He also agreed to all the requirements for site preparation through decommissioning. Mr. Iannone concluded his remarks saying, “[t]his is a balance to earn an important business decision and we can do something to amend the neighbors.” Mr. Spain was second to speak. His presentation sidetracked to a separate issue about differences between city and county zoning ordinances. He repeated the blue sky pitch that “Solar Farms consume [little in the] city or county services. … no seats in the school, … no special police protection, … no sewage disposal … no demand for water, no light pollution, … no emissions of any kind.” Ask yourself this question: is that list indicative of a growing community? Mr. Neill, the lawyer, spent much of his time lecturing the council on zoning laws and ordinance. I did check, Mr. Rix Edwards, the city’s attorney, was attending the meeting so if council members had any questions he was there to advise. Never thought it a good idea to go to someone else’s home to tell how dumb they are.
Those opposed to the solar collectors in residential areas attended in mass and prepared to argue their point, that industrial scaled solar collectors erected in a residential area will alter negatively the character of a residential neighborhood. Included in their packet submitted to the council are signed petitions of from more than another hundred opponents to the idea. The lead opponent is Bill Edwards. Mr. Edwards and other opponents and some council members bracketed their objections saying they favored green energy, just not in their backyard. One opponent did skewer the led proponent by discrediting one of his arguments supporting the zoning changes.
Time for the voting came for the first of the zoning ordinance. Mr. Inscoe moved to table the first zoning ordinance until voting on the third zoning ordinance, restricting solar collectors in residential zones, had been decided. After another public hearings the council got down to the serious business of making a public stand. It is easy to set at home half informed and make a decision. It is entirely different to make a public decision as we witnessed Monday night. The city clerk started the role call voting with the third zoning change with Mr. Inscoe. He deferred his vote until he heard the votes of the other three council members who had not already voiced their views. Council members Daeke and Coffey had already stated their view to oppose solar collectors in residentially zone districts and voted the same. By the time the roll call vote returned to Council member Inscoe the die was cast. His vote made it unanimous approval of the zoning restriction. The council then voted to approve the zoning change specifying site planning, 100 foot setbacks and the all important decommissioning requirements without any objection from Strata Solar Development. The council then returned to the initial zoning change allowing solar collectors on Mr. Spain’s land. Mr. Neill, the lawyer, announced Strata Solar Development was withdrawing their request for the zoning change nullifying the need for the first zoning change.
The conclusion Henderson’s NYMBYs won the day blocking the erection of ground based industrial scaled solar collectors in residential zones within the city and ETJ.
Other topics
The council members were spent after two hours of open debate and discussion on three major zoning amendments so the mayor recessed the meeting for ten minutes. After the recess the re-energized council whisked through the seven scheduled new business items plus Council member Inscoe’s add on item all with minimal discussion or comments. Mayor O’Geary closed the public segment on a high note. He praised those whose efforts and money have made improvements to Fox’s Pond Park making it an appealing area for recreation.