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111 <br />Patrick Mallett explained the state and federal requirements changed after this was previously approved. North 112 <br />Carolina had a guarantee of a 15-year lease and a guaranteed rate that an owner would get back from the power 113 <br />company. His understanding is that Duke Energy lobbied to change the legislature. The lease is now a five-year 114 <br />lease at a much lower rate. The applicant was delayed while making sure they would still get the old rate. 115 <br /> 116 <br />Brian Quintan spoke about the difficulties and delays with Duke Energy. 117 <br /> 118 <br />Michael Harvey expanded on the point Patrick Mallett made about the flood plain. Per the revised Unified 119 <br />Development Ordinance, there can be no development in the flood plain, which includes part of the corner of the 120 <br />property that was a conservation easement. 121 <br /> 122 <br />Patrick Mallett reviewed the abstract contains all the necessary documents. He reviewed that two neighbors attended 123 <br />the Neighborhood Information Meeting and were interested in the project more than concerned. 124 <br /> 125 <br />Tony Blake asked what the land looks like. 126 <br /> 127 <br />Patrick Mallett answered that it was timbered years ago and there is scrub growing and chunks of concrete there as 128 <br />well. 129 <br /> 130 <br />Tony Blake said there are solar arrays in two other areas and the buffers have not been enforced. The newest one is 131 <br />awful. He hopes the standard will mean there is a buffer. 132 <br /> 133 <br />Lydia Wegman asked that the solar arrays will not be seeing from neighbors. 134 <br /> 135 <br />Patrick Mallett answered there are still trees around the perimeter. He then shared photos of the site and pointed out 136 <br />mature trees in the buffer. 137 <br /> 138 <br />Lydia Wegman asked for verification that the buffer standards are now more rigorous than they were when the solar 139 <br />arrays in White Cross were built. Particularly, she asked about the width of the buffer. 140 <br /> 141 <br />Michael Harvey noted there are two locations in White Cross. The ordinance was amended after the first one was 142 <br />approved. The second one was built with the new standards. More landscaping is required for the first one. Tony 143 <br />Blake asked when that is required to be planted. Michael Harvey answered that he did not have that information with 144 <br />him this evening. 145 <br /> 146 <br />Brian Quintan clarified the buffer requirements. He said there is a 50-foot requirement. He said because of the 147 <br />existing trees around the perimeter, the site already has that much buffer and he intends to supplement it with 148 <br />additional plantings. 149 <br /> 150 <br />Paul Guthrie asked about whether the arrangements with Duke Energy are complete and when construction might 151 <br />begin. 152 <br /> 153 <br />Brian Quintan answered that the arrangements are not yet finalized and it is difficult to say when construction will 154 <br />begin. He would guess a year after he gets the permit. 155 <br /> 156 <br />Patrick Mallett said the ordinance allows for the applicant to ask for an extension but it has to be requested six 157 <br />months before the permit expires. 158 <br /> 159 <br />Patrick Mallett reviewed the findings of fact, located in Attachment 4, which is located on Pages 154 to 158 in the 160 <br />agenda packet. 161 <br /> 162 <br />Michael Harvey clarified that planning staff recommends that the use will maintain or promote the public health, 163 <br />safety and general welfare. That recommendation is based on the application packet, the various attachments 164 <br />detailed, and at the public hearing. The minutes from the past meetings on this will be introduced into the record, as 165 <br /> 8