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217 <br />Draft <br />Patrick Mallett explained the state and federal requirements changed after this was previously approved. North <br />Carolina had a guarantee of a 15 -year lease and a guaranteed rate that an owner would get back from the power <br />company. His understanding is that Duke Energy lobbied to change the legislature. The lease is now a five -year <br />lease at a much lower rate. The applicant was delayed while making sure they would still get the old rate. <br />Brian Quintan spoke about the difficulties and delays with Duke Energy. <br />Michael Harvey expanded on the point Patrick Mallett made about the flood plain. Per the revised Unified <br />Development Ordinance, there can be no development in the flood plain, which includes part of the corner of the <br />property that was a conservation easement. <br />Patrick Mallett reviewed the abstract contains all the necessary documents. He reviewed that two neighbors attended <br />the Neighborhood Information Meeting and were interested in the project more than concerned. <br />Tony Blake asked what the land looks like. <br />Patrick Mallett answered that it was timbered years ago and there is scrub growing and chunks of concrete there as <br />well. <br />Tony Blake said there are solar arrays in two other areas and the buffers have not been enforced. The newest one is <br />awful. He hopes the standard will mean there is a buffer. <br />Lydia Wegman asked that the solar arrays will not be seeing from neighbors. <br />Patrick Mallett answered there are still trees around the perimeter. He then shared photos of the site and pointed out <br />mature trees in the buffer. <br />Lydia Wegman asked for verification that the buffer standards are now more rigorous than they were when the solar <br />arrays in White Cross were built. Particularly, she asked about the width of the buffer. <br />Michael Harvey noted there are two locations in White Cross. The ordinance was amended after the first one was <br />approved. The second one was built with the new standards. More landscaping is required for the first one. Tony <br />Blake asked when that is required to be planted. Michael Harvey answered that he did not have that information with <br />him this evening. <br />Brian Quintan clarified the buffer requirements. He said there is a 50 -foot requirement. He said because of the <br />existing trees around the perimeter, the site already has that much buffer and he intends to supplement it with <br />additional plantings. <br />Paul Guthrie asked about whether the arrangements with Duke Energy are complete and when construction might <br />begin. <br />Brian Quintan answered that the arrangements are not yet finalized and it is difficult to say when construction will <br />begin. He would guess a year after he gets the permit. <br />Patrick Mallett said the ordinance allows for the applicant to ask for an extension but it has to be requested six <br />months before the permit expires. <br />Patrick Mallett reviewed the findings of fact, located in Attachment 4, which is located on Pages 154 to 158 in the <br />agenda packet. <br />Michael Harvey clarified that planning staff recommends that the use will maintain or promote the public health, <br />safety and general welfare. That recommendation is based on the application packet, the various attachments <br />detailed, and at the public hearing. The minutes from the past meetings on this will be introduced into the record, as <br />that is the quasi - judicial component of this hearing. It is our professional opinion that the array as proposed will not <br />