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

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225 RECOMMENDATION: Neither the Planning Board or staff have received any comments from local residents and property owners indicating they do not believe the proposed facility complies with the provisions of Section 5.3.2 (A) (2) inclusive. These standards include maintaining or promoting the public health, safety, and general welfare; maintaining or enhancing the value of contiguous property; the use being in harmony with the area in which it is to be located; and the use being in compliance with the general plan for the physical development of the County. Planning Board and staff have reviewed the application, the site plan, and all supporting documentation and have found that the applicant complies with the specific standards and required regulations as outlined within the UDO with respect to the submittal of required information for the project. Provided the Board of County Commissioners (BOCC) finds in the affirmative on the specific and general standards as detailed herein, and no evidence is entered into the record demonstrating the applicant has either: a. Failed to meet their burden of proof that the project complies with the specific development standards for a solar array — public utility; or b. Fails to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO the BOCC could approve the application. In the event that the BOCC makes an affirmative finding, the Planning Board and staff recommends the attachment of the following conditions: 1. In accordance with Section(s) 6.13 and 6.21 of the UDO, and consistent with the approved application, the applicant shall maintain and preserve the area in the northeastern corner of the property encumbered by the Special Flood Hazard Area (SFHA) as depicted on recently adopted FEMA Flood Maps, and the associated 80 foot wide adjacent stream /floodplain buffers. With the exception of installing public and /or private water and /or public sanitary sewer and /or the removal of dead, diseased, or dying plant materials, this 4.25 acre area shall remain undisturbed as required within the UDO. 2. In accordance with Sections 6.13, 6.21, and 5.9.6 (C) of the UDO, the applicant shall cause a formal and detailed landscape and tree preservation plan to be submitted and approved by the Orange County Planning Department within 180 days from the approval of this Special Use Permit. This plan shall also incorporate the preservation of environmentally sensitive areas such as jurisdictional streams, wetlands, floodplain areas, and all required stream /floodplain buffers. 3. In accordance with Section 7.14 of the UDO, the applicant shall cause a plat to be submitted and recorded to illustrate all lease, access, and utility easements on the subject area. 4. Per Section 2.5 of the UDO, the applicant shall complete and submit a formal application to the Orange County Inspections Department requesting authorization to commence construction of the proposed solar array. The application, including all applicable fees, shall be submitted within 180 days from the approval of the Special Use Permit. 5. To ensure public safety as outlined in Section 5.3.2 of the UDO, the Orange County Fire Marshal's office shall review and approve the final site plan and ensure that any and all modifications be made to address fire code and access issues prior to the issuance of the permit authorizing the commencement of land disturbing activities.