Orange County NC Website
26 <br /> 1 REQUIRED REVIEW: <br /> 2 Project involves the review of a Class A Special Use Permit in accordance with the provisions of <br /> 3 Section 2.7 of the UDO. <br /> 4 • Decision is based on sworn testimony from applicant, supporters, and detractors <br /> 5 • Applicant bears the burden of proving compliance with the UDO <br /> 6 • Those in opposition to the project are required to submit evidence demonstrating project <br /> 7 does not comply. <br /> 8 <br /> 9 STAFF INITIAL REVIEW: <br /> 10 • Applicant has submitted all documentation required for the review of a proposed utility <br /> 11 (i.e. required by Section 5.9.3) <br /> 12 • Applicant has submitted required documentation for a Class A Special Use Permit (i.e. <br /> 13 required by Section 2.7.3) <br /> 14 • There are policies within the Comprehensive Plan lending credence to the viability of the <br /> 15 proposal <br /> 16 <br /> 17 RECOMMENDATION: <br /> 18 1. Receive the application, <br /> 19 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments. <br /> 20 3. Refer the matter to the Planning Board with a request that a recommendation be <br /> 21 returned to the County Board of Commissioners in time for the September 18, 2012 <br /> 22 BOCC regular meeting. <br /> 23 4. Adjourn the public hearing until September 18, 2012 in order to receive and accept the <br /> 24 Planning Board's recommendation and any submitted written comments. <br /> 25 <br /> 26 Beth Trehos: Manager and members of the County Commissioners, Mr. Vice Chair and <br /> 27 members of the Planning Board, my name is Beth Trehos, I'm the Attorney with Smith, Moore, <br /> 28 and Leatherwood. My address is 434 Fayetteville St., Raleigh, N. C. I am here today on behalf <br /> 29 of Strata Solar, who is the contract tenant of the project. As you've heard, they would like to <br /> 30 construct a solar array on 53 acres out of the 112-acre farm. As has been explained to you, <br /> 31 your process is a quasi-judicial one, which requires that we provide expert testimony to indicate <br /> 32 that we have met the findings of fact that are set out in your Unified Development Ordinance. In <br /> 33 the interest of not taking up too much of your time, we have put together affidavits of the experts <br /> 34 that we have brought to testify before you tonight. They will summarize the testimony provided <br /> 35 in those affidavits for you and of course answer any questions that you might have. <br /> 36 <br /> 37 I must apologize to you, I misunderstood and thought that this initial hearing was just the Board <br /> 38 of County Commissioners and I thought I was arriving with an ample number of affidavits, and I <br /> 39 find now that I don't have quite enough and I apologize to you. Mr. Harvey has indicated that he <br /> 40 would be happy to include those in the Planning Board packet so that everybody can have a <br /> 41 copy. I do apologize. <br /> 42 <br /> 43 Here with me tonight is engineer Phil Post of Philip Post and Associates, real estate appraiser <br /> 44 Rich Kirkland, and Lance Williams of Strata Solar, as well as Beth Bradshaw, who is a <br /> 45 representative of the family who owns the property. I will ask each of them to come forward and <br /> 46 share their testimony with you. I wonder if it might be appropriate at this time to pass up the <br /> 47 affidavits that we have and to ask that they be included in the record. I would of course ask that <br />