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1 <br />ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: February 6, 2018 <br />Action Agenda <br />Item No. 5 -a <br />SUBJECT: Class A Special Use Permit — Solar Array off US Highway 70 in Cheeks <br />Township <br />DEPARTMENT: Planning and Inspections <br />ATTACHMENTS: <br />1. Vicinity Map and Application <br />2. Site Plan <br />3. Site Assessment <br />4. Findings of Fact with Staff and Planning <br />Board Recommendations <br />5. Staff Review Comments <br />6. Neighborhood Information Meeting (NIM) <br />Materials <br />7. Public Hearing Mailing Certification <br />8. Excerpt from Draft Planning Board <br />Minutes from January 10, 2018 Meeting <br />9. BOCC Findings of Fact <br />10. Legal Advertisement <br />Under Separate Cover — 11 X1 7 Copy of <br />Site Plan <br />INFORMATION CONTACT: <br />Patrick Mallett, Planner II, (919) 245 -2577 <br />Michael D. Harvey, Planner III, (919) 245 -2597 <br />Craig Benedict, Director, (919) 245 -2592 <br />PURPOSE: To hold a public hearing, review, and make a determination on a Class A Special <br />Use Permit (hereafter `SUP') application proposing the development of a solar array in <br />accordance with Section 2.7 Special Use Permits and Section 5.9.6 (C) Solar Array - Public Utility <br />of the Orange County Unified Development Ordinance (UDO). <br />As a reminder, the review of this item by the BOCC is carried out in a quasi-judicial format. <br />Decisions relating to the ultimate approval or denial of SUP applications are based solely on the <br />sworn testimony of all parties involved with the case, both those for and against, as well as the <br />review of competent material and substantial evidence submitted during the public hearing. <br />Hearsay or unsubstantiated opinions are not sufficient testimony. <br />BACKGROUND: This Class A SUP application was previously reviewed and approved by the <br />BOCC at its September 12, 2016 meeting. The Class A SUP expired on September 13, 2017, <br />and therefore needs re- approval for the project to move forward. According to the applicant, <br />market as well as Federal and State regulatory changes prevented action from proceeding with <br />