Agenda - 5-a - Class A Special Use Permit – Solar Array off US Highway 70 in Cheeks Township

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216 Draft Attachment 8 Draft Excerpt Minutes for the Solar Minutes Array class A SUP application Orange County Planning Board January 10, 2018 Regular Meeting MEMBERS PRESENT: Lydia Wegman (Chair), At -Large Chapel Hill Township Representative; Tony Blake (Vice- Chair), Bingham Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At -Large Chapel Hill Township; Kim Piracci, At- Large; Township; Alexander Gregory, Chapel Hill Township Representative; David Blankfard, Hillsborough Township Representative; Randy Marshall, At- Large; Adam Beeman, Cedar Grove Township; Hunter Spitzer, At- Large; Buddy Hartley, Little River Township Representative; MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, Planning Systems Coordinator /Planner III; Patrick Mallett, Planner Il; Meredith Kern, Administrative Assistant; OTHERS PRESENT: Jim Parker, Summit Engineering; Timothy Smith, Summit Engineering; Ed Sirgany, Summit Engineering; Brian Quintan, Calvert Energy; AGENDA ITEM 7: CHAIR COMMENTS There were no comments. AGENDA ITEM 8: CLASS A SPECIAL USE PERMIT (SUP) -To review and make a recommendation to the BOCC on a Class A Special Use Permit application to develop a solar array /public utility station on 27.8 acres of a 52 acre parcel of property (PIN 9835 -02 -9137, no address assigned yet) which is accessed via an easement from 6519 U.S. Highway 70 West within the Cheeks Township. An SUP was approved in September 2016 but has expired, necessitating consideration of a new SUP. Presenter: Patrick Mallett, Planner II Patrick Mallett summarized that this application was previously reviewed by the Planning Board at its August 3, 2016, regular meeting and approved by the BOCC on September 12, 2016. This approval expired on September 12, 2017, and therefore needs to be re- approved. This is a solar array third party company that transfers its power to Duke Energy. He reviewed the site plan. There is 20 to 30 feet of elevation change as well as distance between this property and residential neighbors. Lydia Wegman asked about the distance from residential land. Patrick Mallett answered mostly more than 1,000 feet. He continued to review the site plan, including the location of the access easement, the screening and buffer of the solar array area. He pointed out stream buffers along the perimeters of the property. Previously, there was a condition to preserve a conservation easement in a corner of the property. Staff has determined that it the conservation easement was cumbersome with legalities and instead proposed to call that corner a natural buffer area. Lydia Wegman asked if that change will be reflected in the lease agreement. Patrick Mallett said the plat would lock that in as a commitment that they will not disturb that corner. The stream buffers would not permit the owner to do much anyway, he added. Brian Quintan added that when it is recorded for the lease, it will be written that this area cannot be disturbed Tony Blake noted it is only good as long as the lease is in effect. Brian Quintan confirmed that.