HomeMy WebLinkAboutAgenda - 09-18-2012 - 6b ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 18, 2012
Action Agenda
Item No. 6-b
SUBJECT: Class A Special Use Permit— Public Utility Station (Solar Array)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. July 11, 2012 Planning Board Abstract Michael D. Harvey, Planner III, 245-2597
Package Craig Benedict, Director, 245-2575
2. Additional Information Supplied by the
Applicant at the July 11, 2012 Planning
Board Meeting
3. Excerpts of Approved May 29, 2012
Quarterly Public Hearing Minutes
4. Excerpts of Approved July 11, 2012
Planning Board Regular Meeting Minutes
5. Letter from Applicant Accepting
Recommended Conditions
6. Planning Board Recommended Findings of
Fact
PURPOSE: To receive the Planning Board recommendation, close the public hearing, and make a
decision on a Class A Special Use Permit (SUP) request submitted by Strata Solar and the
Bradshaw Family Partnership proposing the development of a public utility station, solar array, on a
53 acre portion of a 122 acre parcel of property in accordance with the provisions of the Unified
Development Ordinance (hereafter`UDO').
BACKGROUND: This item was presented at the May 29, 2012 Quarterly Public Hearing. A
summary of comments received during the hearing are contained within Attachment 1, the
abstract from the July 11, 2012 Planning Board regular meeting. Staff will be introducing this
document, and all attachments, into the record at the re-convened public hearing for the BOCC
to consider as part of its deliberations.
Planning Board Recommendation: At its July 11, 2012 regular meeting, the Planning Board voted
unanimously to recommend approval of the project finding that:
1. The application has been deemed complete in accordance with the requirements of
Section 2.7 of the Unified Development Ordinance (UDO).
2. The leased area of the property is of sufficient size to support the proposed solar array.
3. The proposed land use buffer complies with the provisions of Section 6.8 of the UDO.
2
4. Comments received from various County agencies (i.e. Sheriff, Fire Marshal, Department
of Environment, Agriculture, Parks and Recreation (DEAPR), Orange County Health,
State Clearing House) indicate there are no concerns associated with the request.
5. Staff's determination that a formal Environmental Impact Statement would not be
required per Section 6.18 of the UDO.
6. The applicant had submitted sufficient documentation denoting compliance with specific
development standards for a public utility as detailed within Section 5.9.3 of the UDO.
7. The proposal is consistent with the various goals outlined within the Comprehensive Plan
concerning development, including:
a. Natural and Cultural Systems Goal 1: Energy conservation, sustainable use of
non-polluting renewable energy resources, efficient use of non-renewable energy
resources and clean air.
b. Objective AE-15: Foster participation in green energy programs such as
installation incentives for solar hot water/solar generation/solar tempering in
residential or commercial construction. The County should develop programs that
will link citizens and businesses with options for alternative and sustainable energy
sources.
c. Objective AG-8: Encourage the use and production of natural fuel alternatives to
petroleum based products and pursue new types of energy sources.
8. The submission of evidence demonstrating compliance with the provisions of Section
5.3.2 (A) Special Uses— General Standards of the UDO, and
9. A lack of competent material and substantial evidence entered into the record
demonstrating the request was not incompliance with the various provisions of the UDO.
Please refer to Attachment 6 for additional detail. It should be noted that in rendering its
decision, the Planning Board recommended the imposition of six (6) conditions. The applicant
has agreed to the imposition of these conditions in writing. Please refer to Attachment 5 for
additional detail.
Planning Director's Recommendation: In accordance with the provisions of Section 2.7.4 of the
UDO, the Planning Director recommends approval of the SUP application, subject to the
following:
• Approval of the recommended findings of fact associated with the Class A Special Use
Permit as detailed within Attachment 6,
• The imposition of the recommended conditions (Attachment 6), and
• Based on the BOCC's ability to make an affirmative finding on the general and specific
standards outlined within Section 5.3.2 (A) and (B) of the UDO.
Public Hearing Procedural Information: In accordance with Section 2.7.8 (A) (3) of the UDO, the
BOCC has requested the Planning Board recommendation be made available in time for the
September 18, 2012 BOCC regular meeting. As a procedural note, additional comments on the
application should be submitted in writing prior to the Planning Board meeting in order to
become part of the official record of these proceedings.
3
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board recommendation;
2. If necessary, deliberate further on the application;
3. Close the public hearing; and
4. Take action on the request by:
a. Review and approval of the Special Use Permit Findings of Fact contained within
Attachment 6 of this abstract and make the appropriate findings that the
application complies with the various sections of the UDO, including the general
findings as denoted within Section 5.3.2 (A) (2).
Attachment 1 4
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 11, 2012
Action Agenda
Item No. 9
SUBJECT: Class A Special Use Permit— Public Utility Station (Solar Array)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Property and Vicinity Map Michael D. Harvey, Planner III 245-2597
2. Applicant's Written Response to Questions Craig Benedict, Director 245-2575
3. Findings of Fact
4. Draft May 29, 2012 Quarterly Public
Hearing Minutes
5. Copies of Affidavits Presented at May 29,
2012 Quarterly Public Hearing
PURPOSE: To make a recommendation to the BOCC on a Class A Special Use Permit (hereafter
`SUP') application submitted by Strata Solar and the Bradshaw Family Partnership proposing the
development of a public utility station in accordance with the provisions of the Unified Development
Ordinance (hereafter`UDO').
BACKGROUND: This item was presented at the May 29, 2012 Quarterly Public Hearing. The
applicant is proposing the development of a public utility facility, specifically a 5 megawatt (AC)
(6.83 megawatt DC) solar array, on a 53 acre portion of a 122 acre parcel of property (PIN
9748-34-9639) owned by the John Bradshaw Family Limited Partnership off White Cross Road
(please refer to Attachment 1).
Public Hearing: During the hearing, the following comments/questions were posed concerning the
application:
• A BOCC member asked for additional information on the power lines erected on the
property, their proximity to the existing mobile home park, and where the array would
connect into the power grid.
RESPONSE: The applicant's engineer, Mr. Phil Post of Phil Post and Associates,
said there is a Duke Power substation to the north of the property where the array
will connect into the power grid.
Individual arrays would be connected through underground utility lines and feed
into a central underground line to the north of the proposed array, south of the
mobile home park, feeding directly into an existing Duke Power line and the
aforementioned substation.
• A BOCC member asked if the array could be seen from the road.
5
RESPONSE: Both staff and the applicant's engineer indicated that the array
should not be visible from White Cross Road as the only clearing initiated along
the roadway would be the proposed driveway access.
Mr. Post indicated the individual arrays would only be approximately 7 to 10 feet in
height from ground elevation and should be obstructed from view by the
vegetation as denoted on the site plan.
• A Planning Board member said he was unsure if it was truly undesirable to see a solar array
from the road or from adjacent properties.
• A Planning Board member asked staff to discuss the required landscape buffer for the project.
RESPONSE: Staff has determined that the applicant is required, per Section 6.8.6
of the UDO, to adhere to a Type F 75 foot landscaped buffer around the perimeter
of the utility site.
• A Planning Board member asked what would happen if Duke Power, who would be
receiving the power generated from the array, was acquired by a third party who did not
want to purchase the power generated from the array or if the array fell into disrepair
what would happen.
RESPONSE: Both Mr. Lance Williams, with Strata Solar, and Ms. Elizabeth
Trahos, attorney for the applicant, indicated there is a long term agreement with
Duke Power related to the purchase of power from this site. This agreement
would be transferable and bind future utility companies, who may acquire Duke, to
honor the contract.
Mr. Williams further indicated that this solar facility is a regulated power facility as
defined by the State and there were requirements that local utility providers had an
obligation to purchase the power produced from such facilities.
Both individuals indicated the array would be maintained, as required by the UDO
and certain provisions of State law, in an operational condition. If the array was no
longer operable it would have to be removed.
• A BOCC member asked what the proven life of a solar panel was.
RESPONSE: Mr. Williams indicated that the anticipated life span of a panel was
approximately 50 to 60 years. The manufacturer of the panels indicates the panel
will still generate approximately 85% of its capacity after 25 years of use.
Mr. Williams said these panels would be fixed and not move (i.e. track the sun)
meaning less opportunity for operational issues.
• A Planning Board member asked the applicant to clarify the actual number of arrays and
individual solar panels on the property.
RESPONSE: Mr. Williams indicated that there may be approximately 960 `solar
array panels' on the property as indicated within staff's abstract but that these
arrays would be composed of smaller, individual, solar panels. Mr. Williams
indicated that there would be approximately 27,000 solar panels generating
approximately 240 watts of power per panel. These individual solar panels would
be clustered into the aforementioned 960 `solar array panels' as denoted on the
site plan.
• A Planning Board member asked how the grass underneath the array would be maintained.
6
RESPONSE: Mr. Williams indicated it is possible farm animals may be allowed to
graze on the property to address the height of the grass. Otherwise grass would
be mowed and maintained by Strata Solar to keep the grass down.
• A Planning Board member expressed concern over statements contained on the site plan,
and comments made by Mr. Post, relating to the project utilizing a single phase utility line to
tie into existing Duke Power lines. It was believed that the use of a single phase line would
not be adequate.
RESPONSE: Mr. Williams said Strata Solar staff met with Duke Power officials on
site on May 29, 2012 to review development of the array and that an existing three
phased power line along White Cross Road would be used to tie the project into
an adjacent substation.
Please refer to Attachment 2 for additional information.
• A representative of the Chapel Hill/Carrboro Chamber of Commerce spoke in favor of the
project.
Staff Analysis: At the public hearing, staff indicated the project complied with the various provisions
of the UDO, including:
1. The application has been deemed complete in accordance with the requirements of
Section 2.7 of the Unified Development Ordinance (UDO).
2. Staff has determined that the leased area of the property is of sufficient size to support
the proposed solar array.
3. Staff is satisfied that the proposed landscaping complies with the provisions of Section
6.8 of the UDO.
4. Comments received from various County agencies (i.e. Sheriff, Fire Marshal, DEAPR,
Orange County Health, State Clearing House) indicate there are no concerns associated
with the request.
5. Staff made the determination that a formal Environmental Impact Statement would not be
required per Section 6.18 of the UDO.
6. The applicant had submitted sufficient documentation denoting compliance with specific
development standards for a public utility as detailed within Section 5.9.3 of the UDO.
7. The proposal is consistent with the various goals outlined within the Comprehensive Plan
concerning development, including:
a. Natural and Cultural Systems Goal 1: Energy conservation, sustainable use of
non-polluting renewable energy resources, efficient use of non-renewable energy
resources and clean air.
b. Objective AE-15: Foster participation in green energy programs such as
installation incentives for solar hot water/solar generation/solar tempering in
residential or commercial construction. The County should develop programs that
will link citizens and businesses with options for alternative and sustainable energy
sources.
c. Objective AG-8: Encourage the use and production of natural fuel alternatives to
petroleum based products and pursue new types of energy sources.
7
Public Hearing Procedural Information: In accordance with Section 2.7.8 (A) (3) of the UDO, the
BOCC has requested that the Planning Board recommendation be made available in time for
the September 18, 2012 BOCC regular meeting. As a procedural note, additional comments on
the application should be submitted in writing to the Planning Board in order to become part of
the official record of these proceedings.
Planning Director's Recommendation: In accordance with the provisions of Section 2.7.4 of the
UDO, the Planning Director recommends approval of the SUP application, subject to the
following:
• The recommended findings of fact associated with the approval of the Class A Special
Use Permit as detailed within Attachment 3,
• The imposition of the recommended conditions (Attachment 3), and
• Based on the BOCC's ability to make an affirmative finding on the general and specific
standards outlined within Section 5.3.2 (A) and (B) of the UDO.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services.
RECOMMENDATION(S): The Planning Director recommends that the Board:
1. Deliberate on the petition,
2. Consider the Planning Director's recommendation(s) with respect to the necessary
findings of fact relating to the approval of the SUP application as detailed within
Attachment 3.
3. Make a recommendation to the BOCC to approve the SUP request in time for the
September 18, 2012 BOCC regular meeting.
Planning Board July 11 , 2012 regular meeting
Attachment 1
49
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Attachment 2
t, LMITH \ADORE
N Nr 1110
June 22, 2012
Michael D. Harvey AICP, CFO, CZO
Current Planning Supervisor—Planner III
Orange County Planning Department
P. O. Box 8181
Hillsborough,NC 27278
Re: Strata Solar Special Use Permit Application- White Cross Road Property
Dear Michael:
We write to provide clarification regarding the electrical connection to the power grid.
The array ties into the Duke power grid through a 3-phase power lines, and not single phase line,
running along the north property line. The only Duke lines that are on the site run along the
utility easement to the east of the site. There are no Duke lines running across the North
property line.
We thank you for the time and effort you have spent on this project. Do not hesitate to
contact me with questions.
Best regards,
SMITH MOORE LEATHERWOOD LLP
/2),)/CL
Elizabeth C. Trahos
Elizabeth C.Trahos Direct 919.755.8760 Fax 919.838.3167 beth.trahos @smithmoorelaw.com
Smith Moore Leatherwood LLP • Attorneys at Law • www.smithmoorelaw.com
434 Fayetteville Street Two I lannover Square Suite 2800 PO Box 27525(27611) Raleigh,NC 27601• 919.755.8700
Atlanta,GA • Charleston,SC • Charlotte,NC • Greensboro,NC • Greenville,SC • Raleigh,NC • Wilmington,NC
Planning Board July 11 , 2012 regular meeting in
Attachment 3
CASE NUMBER: SU-A-2-12
FINDINGS OF THE ORANGE COUNTY PLANNING STAFF
PERTAINING TO A REQUEST SUBMITTED BY
STRATA SOLAR AND THE BRADSHAW FAMILY PARTNERSHIP
REQUESTING A CLASS A SPECIAL USE PERMIT
TO CONSTRUCT A PUBLIC UTILITY—SOLAR ARRAY
ON A PARCEL OF PROPERTY OFF OF WHITE CROSS ROAD
PIN 9748-34-9639.
Applications for a PUBLIC UTILITY are required to demonstrate compliance with general and specific
standards as set forth in Section(s) 5.3.2 (A) and (B) as well as 5.9 of the Orange County Unified
Development Ordinance (UDO).
Section 5.3.2 (A) (2) of the UDO requires written findings certifying compliance with the following:
(1) The use will maintain or promote the public health, safety and general welfare, if located
where proposed and developed and operated according to the plan as submitted;
(2) The use will maintain or enhance the value of contiguous property (unless the use is a
public necessity, in which case the use need not maintain or enhance the value of
contiguous property); and
(3) The location and character of the use, if developed according to the plan submitted, will
be in harmony with the area in which it is to be located and the use is in compliance with
the plan for the physical development of the County as embodied in these regulations or
in the Comprehensive Plan, or portion thereof, adopted by the Board of County
Commissioners;
In addition, the Board shall make findings certifying that the application is complaint with the following
specific standards:
(1) Specific standards for the submission of Special Use Permit applications as outlined
within Section(s) 2.2 and 2.7 of the UDO,
(2) Applicable provisions of Article 3 (Dimensional Requirements) and Article 6 (Application of
Dimensional Requirements) of the UDO,
(3) Applicable landscape provisions detailed within Section(S) 5.9 and 6.8.6 of the UDO,
(4) Specific regulations governing the development of individual Special Uses, in this case
regulations detailed within Section 5.9.3 of the UDO,
(5) Section 5.3.2 (B) relating to the method and adequacy of the provision of:
a. Sewage disposal facilities,
b. The adequacy of police, fire, and rescue squad protection, and
c. The adequacy of vehicular access to the site and traffic conditions around the site
(6) The aforementioned general findings outlined within Section 5.3.2 (A) (2).
Listed below are the findings of the Orange County Planning Department regarding the application in
question. The findings have been presented by Article and requirement to assist in deliberations.
11
SECTION 2.2 AND 2.7.3 CLASS A SPECIAL USE PERMIT APPLICATION COMPONENTS("Yes"
indicates compliance; "No" indicates non-compliance)
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
Ordinance RECOMMENDED TO SUPPORT BOARD
Requirements FINDINGS FINDINGS FINDINGS
Section 2.2 X Yes No Attachment 1 of the May Yes No
29, 2012 Quarterly
The application for a Public Hearing packet
Class A Special Use contained the completed
Permit shall be on forms application for the
provided by the Planning request.
Department.
2.2.4 (D) X Yes No Staff indicated during the Yes No
Quarterly Public Hearing
Applications must be that the applicant had
accompanied by the fee paid all applicable fees
amount that has been as required by the
established by Board of adopted fee schedule.
County Commissioners.
Application fees are
nonrefundable.
2.7.3 (B) (1) X Yes No Attachment 1 of the May Yes No
29, 2012 Quarterly
A full and accurate Public Hearing packet
description of the contained a detailed
proposed use, including narrative outlining the
its location, appearance, nature of the request.
and operational
characteristics.
2.7.3 (B) (2) X Yes No Attachment 1 of the May Yes No
29, 2012 Quarterly
The names and Public Hearing packet
addresses of the owners contained the required
of the property information
12
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
Ordinance RECOMMENDED TO SUPPORT BOARD
Requirements FINDINGS FINDINGS FINDINGS
2.7.3 (B) (3) X Yes No Attachment 1 of the May Yes No
29, 2012 Quarterly
Relevant information Public Hearing packet
needed to show contained the required
compliance with the detail including a site
general and specific plan denoting the
standards governing the boundary of the property.
Special Use
2.7.3 (B) (4) X Yes No Required copies of the Yes No
site plan, prepared by
Twenty-six (26) copies of Strata Solar and sealed
the site plan prepared by by Mr. Timothy Smith
a registered N.C. land License Number 030517
surveyor, architect, or were submitted and part
engineer. of the May 29, 2012
Quarterly Public Hearing
abstract for this item
2.7.3 (B) (5) _X_ Not The Project does not _ Not applicable
applicable involve a preliminary
If the application involves subdivision application.
a Preliminary Subdivision
Plat, 26 copies of the Plat The leased area shall be
prepared in accordance subdivided through the
with Section 7.14 shall be exempt plat process if
provided. approved. This will
become a condition of
approval.
2.7.3 (B) (6) X Yes No The applicant provided Yes No
staff with the required list
A list of all parcels located of adjacent property
within 500 feet of the owners
subject parcel and the
name and address of
each property owner, as
currently listed in the
Orange County tax
records.
2.7.3 (B) (7) X Yes No While no buildings are Yes No
proposed for the site,
Elevations of all structures Sheet PV 1 of the site
proposed to be used in plan contains elevations
the development. of the proposed solar
arrays.
13
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
Ordinance RECOMMENDED TO SUPPORT BOARD
Requirements FINDINGS FINDINGS FINDINGS
2.7.3 (B) (8) _X_ Not The Project will not result _ Not applicable
26 copies of an applicable in any disturbance
Environmental requiring the submission
Assessment or of an Environmental
Environmental Impact Assessment per Section
Statement as required by 6.18 of the UDO. As
Section 6.16 of the UDO such this requirement is
not applicable.
2.7.3 (B) (9) _X_Yes No The site plan contains a Yes No
Method of disposal of note indicating that the
trees, limbs, stumps and project will comply with
construction debris applicable County Zoning
associated with the and Solid Waste
permitted activity, which Management regulations
shall be by some method governing the disposal of
other than open burning. generated waste
2.7.3 (B) (10) _X_Yes No The applicant testified Yes No
Statement from the during the May 29, 2012
applicant indicating the Quarterly Public Hearing
anticipated development that the project would be
schedule for the build-out completed within a year
of the project.
2.7.3 (B) (11) X Not applicable The applicant is not _Not applicable
Statement from the requesting vesting of the
applicant in justification of project.
any request for vesting for
a period of more than two
years (five years
maximum)
14
SECTION 2.7.5 CLASS A SPECIAL NOTIFICATION REQUIREMENTS("Yes" indicates
compliance; "No" indicates non-compliance)
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
RECOMMENDED TO SUPPORT BOARD
Ordinance Requirements FINDINGS FINDINGS FINDINGS
A. The Planning Director X Yes No Public Notice was sent Yes No
shall give public notice certified mail on May 14,
of the date, time and 2012 fora May 29, 2012
place of the public Public Hearing.
hearing
B. Such notice shall be X Yes No The legal ad was _Yes No
published in a published in the News of
newspaper of general Orange and the Chapel
circulation in Orange Hill Herald on May 16,
County once a week for 2012 and again on May
two successive weeks, 23, 2012.
with the first notice to be
published not less than
ten days not more than
we days prior to the date
of the hearing.
C. The Planning Director X Yes No The property was posted Yes No
shall post on the on May 18, 2012.
affected property a
notice of the public
hearing at lest ten days
prior to the date of said
hearing.
D. Written notice shall be X Yes No As previously indicated Yes No
sent by certified mail to public notice was sent via
all adjacent property certified mail on May 14,
owners not less than 15 2012.
days before the hearing
date. Adjacent property Attachment 4 of the May
owners are those whose 29, 2012 Quarterly Public
property lies within five Hearing abstract
hundred feet of the contained staffs mail out
affected property and certification, a copy of the
whose manes and notification letter, and the
addresses are currently mailing labels as provided
listed in the Orange by the applicant for all
County tax records. property owners within
500 feet
15
SECTION(S) 3.3 BASE ZONING DISTRICT—AGRICULTURAL RESIDENTIAL AND 6.3 LAND USE
INTENSITY MEASURES ("Yes" indicates compliance; "No" indicates non-compliance)
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
Ordinance RECOMMENDED TO SUPPORT BOARD
Requirements FINDINGS FINDINGS FINDINGS
Section 3.3 and 6.3 of the
UDO provides the land
use intensity measures
governing the
development of projects
within the County.
The applicant has applied
for a Special Use Permit
within the Agricultural
Residential (AR) general
use zoning district. The
dimensional and ratio
standards associated with
the AR zoning district are
as follows:
Minimum lot size — 40, X Yes No Sheet PV 2 of the site Yes No
000 square feet plan indicates the lot will
be 53.31 acres in area
Minimum lot width — 150 X Yes No Sheet PV 2 of the site Yes No
feet plan indicates the lot will
have over 1,000 feet of
frontage along White
Cross Road (SR 1951)
Required front yard X Yes No Sheet PV 2 of the site Yes No
setback —40 feet plan indicates the arrays
will be setback
approximately 150 feet
from White Cross Road
(SR 1951)
Required side yard X Yes No Sheet PV 2 of the site Yes No
setback —20 feet plan indicates the arrays
will be setback
approximately 20 feet
respectively from
identified buffer areas
located along the side
property lines
Required rear yard X Yes No Sheet PV 2 of the site Yes No
setback —20 feet plan indicates the arrays
will be 20 feet from
proposed buffer areas
16
Floor Area Ratio - .088 _X_ Not Sheet PV 2 of the site Not
sq. ft. or 203,163 sq. ft. applicable plan indicates no Applicable
buildings are being
proposed for the property
Minimum gross land area _X_ Not Not applicable — This Not
applicable proposed project is not Applicable
subject to the minimum
gross land area
requirement as detailed
within Section 3.3 of the
UDO
Required Open Space - X Yes No Sheet PV 2 of the site Yes No
.84 or 1,939,296 sq. ft. plan indicates there will
(44.78 acres) be approximately 48
acres (2,090,880 sq. ft.)
of open space on the
property
Required Livability Space _X_ Not Not applicable — This Not
applicable proposed project is not Applicable
subject to the minimum
required livability space
as detailed within Section
3.3 of the UDO
Required Recreation _X_ Not Not applicable — This Not
Space applicable proposed project is not Applicable
subject to the minimum
required livability space
as detailed within Section
3.3 of the UDO
Required While Sheet PV 2 of the
Pedestrian/landscape X Yes No site plan indicates there Yes No
ratio - .21 or 484,824 will be no
sq.ft. (11 acres) pedestrian/landscape
ratio area there will be.
Staff has determined the
project will comply given
the area encumbered by
proposed buffers and the
proposed walkways to
access the individual
arrays.
A condition of approval
will be that the site plan
be modified to reference
Compliance.
17
SECTION(S) 5.9 STANDARDS FOR UTILITIES AND 6.8.6 LANDSCAPE USE BUFFERS ("Yes"
indicates compliance; "No" indicates non-compliance)
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
Ordinance RECOMMENDED TO SUPPORT BOARD
Requirements FINDINGS FINDINGS FINDINGS
In accordance with the
provisions of Section 5.9
Standards for Utilities of
the UDO, staff has
determined the project is
required to adhere to a
Type E land use buffer as
established within Section
6.8.6 of the UDO
6.8.6 — Type E Land Use X Yes No Sheet PV 2 of the site Yes No
Buffer — 75 foot land use plan contains various
buffer installed per Option notes denoting the
4 (Overhead Utility option) applicants intent to
composed of deciduous comply with the
and evergreen understory provisions of Section
trees and shrubs 6.8.6 utilizing existing,
natural, foliage
supplemented with the
planting of additional
trees.
The applicant has
recommended the
project be approved with
the condition that the
final landscape/buffer
management plan be
prepared for review and
approval prior to the
commencement of earth
disturbing activity.
Staff recommends this
become a condition of
approval.
18
SECTION 5.9.3 PUBLIC UTILITY STATIONS AND SUBSTATIONS ("Yes" indicates compliance;
"No" indicates non-compliance)
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
Ordinance RECOMMENDED TO SUPPORT BOARD
Requirements FINDINGS FINDINGS FINDINGS
Section 5.9.3 of the UDO
establishes additional
submittal requirements
and standards of
evaluation for a public
utility
5.9.3 (A) (1)
In addition to the
information required by
Section 2.7, the following
shall be submitted as part
of the application:
5.9.3 (A) (1) (a) X Yes No A site plan was Yes No
submitted as required.
A site plan showing all Sheet PV 2 of the site
existing or proposed plan contains the
buildings, storage areas, required information
parking and access areas,
topography, any officially
designated floodplains or
alluvial soils.
5.9.3 (A) (1) (b) X Yes No The submitted site plan, Yes No
specifically Sheet PV1,
Plans and elevations for contains the elevations
all proposed structures of the proposed arrays.
and descriptions of the
color and nature of all Sheet PV 2 indicated no
exterior materials buildings are proposed
for the site
5.9.3 (A) (1) (c) X Yes No The submitted site plan, Yes No
specifically Sheet PV2,
Landscape Plan, at the contains some of the
same scale as the site required information
plan, showing existing and focusing primarily on the
proposed trees, shrubs, existing foliage.
ground cover and other
landscape materials. Staff recommends a
condition of approval be
the submission of a
formal landscape plan
prior to the
commencement of earth
disturbing activities.
19
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
Ordinance RECOMMENDED TO SUPPORT BOARD
Requirements FINDINGS FINDINGS FINDINGS
Section 5.9.3 (A) (2)
Standards of Evaluation
5.9.3 (A) (2) (a) _X_ Not Sheet PV 2 of the site Not
applicable plan indicates no Applicable
Where a building is buildings are being
involved and it is proposed for the property
proposed to be located in
a residentially zoned
district, it shall have the
appearance suitable for a
residential district or it
shall be screened from
adjacent residential land.
5.9.3 (A) (2) (b) _X_ Not Sheet PV 2 of the site Not
applicable plan indicates no Applicable
Where buildings are buildings are being
setback from road rights proposed for the property
of way or from private
property lines by a
distance of 200 feet,
screening will not be
required.
5.9.3 (A) (2) (c) X Yes No The submitted site plan, Yes No
specifically Sheet PV2,
All outside storage areas denotes compliance
are fenced and screened
from adjacent residential
development
5.9.3 (A) (2) (d) _X_ Not The submitted site plan Not
applicable and project narrative Applicable
The site is adequate size indicate that there will be
for the sewage disposal no septic system
systems proposed and for installed on this property
the proposed use
20
Section 5.3.2 (B) SPECIAL USE—SPECIFIC STANDARDS CLASS A SPECIAL ("Yes" indicates
compliance; "No" indicates non-compliance)
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
RECOMMENDED TO SUPPORT BOARD
FINDINGS FINDINGS FINDINGS
Section 5.3.2 (B)
In addition to the general
standards the following
specific standards shall be
addressed by the
applicant before the
issuance of a Special Use
Permit
X Yes No No sewage system or Yes No
Section 5.3.2 (B) (1) well is proposed.
Method and adequacy of Waste will be disposed
provision for sewage of by a private
disposal facilities, solid contractor. Orange
waste and water service. County Solid Waste has
indicated they have no
concerns associated with
the project.
Section 5.3.2 (B) (2) X Yes No Fire protection will be Yes No
provided by the White
Method and adequacy of Fire Department, rescue
police, fire and rescue service by the Orange
squad protection. County Emergency
Management, and police
protection by the Orange
County Sheriff's
Department.
Attachment 3 of the May
29, 2012 Quarterly
Public Hearing abstract
contain memos from the
EMS Director and the
Fire Marshal indicating
they had no problem with
the proposal as
submitted.
No concerns have been
expressed by the
Sheriff's office.
21
Section 5.3.2 (B) (3) X Yes No NC DOT has indicated Yes No
they have no concerns
Method and adequacy of over the project.
vehicle access to the site
and traffic conditions A condition of approval is
around the site. Strata Solar shall obtain
a NC DOT driveway
permit prior to the
commencement of land
disturbing activity
associated with the
project.
22
Section 5.3.2 (A) (2) SPECIAL USE—GENERAL STANDARDS CLASS A SPECIAL ("Yes" indicates
compliance; "No" indicates non-compliance)
PLANNING
STAFF EVIDENCE SUBMITTED PLANNING
RECOMMENDED TO SUPPORT BOARD
FINDINGS FINDINGS FINDINGS
In accordance with Section ** NOTE— staff
5.3.2 (A) (2), the Board of does not make
Commissioners shall also specific
consider the following recommendations
general conditions before with respect to
the application for a these findings **
Special Use can be
approved:
Section 5.3.2 (A) (2) (a) Based on evidence Will Will
presented at the hearing. Not
The use will maintain or
promote the public health,
safety and general welfare,
if located where proposed
and developed and
operated according to the
plan as submitted.
Section 5.3.2 (A) (2) (b) Based on evidence Will Will
presented at the hearing. Not
The use will maintain or
enhance the value of
contiguous property (unless
the use is a public
necessity, in which case
the use need not maintain
or enhance the value of
contiguous property).
Section 5.3.2 (A) (2) (c) Based on evidence Is _ Is
presented at the hearing. Not
The location and character
of the use, if developed
according to the plan
submitted, will be in
harmony with the area in
which it is to be located and
the use is in compliance
with the plan for the
physical development of
the County as embodied in
these regulations or in the
Comprehensive Plan, or
portion thereof, adopted by
the Board of County
Commissioners.
23
RECOMMENDATION:
Staff has not received any information that would establish grounds for making a negative finding on the general
standards. These standards include maintaining or promoting the public health, safety, and general welfare,
maintaining or enhancing the value of contiguous property, and the use being in compliance with the general plan
for the physical development of the County.
Staff has reviewed the application, the site plan, and all supporting documentation and has found that the
applicant complies with the specific standards and required regulations as outlined within the UDO.
Provided the Planning Board and the Board of County Commissioners finds in the affirmative on the specific and
general standards, the Board could make a positive finding on this application. In the event that the Planning
Board makes the determination that the permit can be issued, Planning Staff recommends the attachment of the
following conditions to the Special Use Permit:
(1) An exempt subdivision plat formally creating the boundaries of the utility site shall be submitted for the
approval of the Planning Department and recorded within the Orange County Registrar of Deeds office
within 180 days from the approval of the Special Use Permit.
(2) As denoted on Sheet PV 2 of the approved site plan, the applicant shall cause a formal and detailed
landscape and tree preservation plan shall be submitted and approved by the Orange County Planning
Department within 180 days from the approval of the Special Use Permit.
(3) A revised Sheet PV 2 shall be submitted denoting the required Pedestrian/Landscape Ratio for the
project as required under Section 3.3 of the UDO. This revised sheet shall be submitted within 180 days
from the approval of the Special Use Permit.
(4) That the applicant 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) That the Orange County Fire Marshal's office shall review and approve the final site plan, as part of the
normal building permit review process, and that any and all modifications be made to address fire code
issues and access prior to the issuance of the permit authorizing the commencement of land disturbing
activities,
(6) That prior to the commencement of land disturbing activity the applicant shall submit all necessary
stormwater, grading plans, and erosion control applications to the Orange County Erosion Control
Department for review and processing. These applications shall be submitted within 180 days from the
issuance of the SUP.
(7) That the applicant shall submit the approved site plan to NC DOT for review and comment. In the event it
is determined that the applicant is required to apply for, and receive a, driveway permit from NC DOT to
allow for the project to be developed, the applicant shall submit all necessary applications as required by
NC DOT within 180 days from the issuance of the SUP and provide planning staff with a copy of the
issued permit.
Planning Board July 11 , 2012 regular meeting 'A
Attachment 1
1 Excerpt Draft Minutes
2
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 ORANGE COUNTY PLANNING BOARD
6 QUARTERLY PUBLIC HEARING
7 May 29, 2012
8 7:00 P.M.
9
10
11 The Orange County Board of Commissioners and the Orange County Planning Board
12 met for a Quarterly Public Hearing on Tuesday, May 29, 2012 at 7:00 p.m. at DSS Offices,
13 Hillsborough Commons, Hillsborough, N.C.
14
15 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners Alice
16 Gordon, Barry Jacobs, Valerie Foushee, Pam Hemminger, Earl McKee, and Steve Yuhasz
17 COUNTY COMMISSIONERS ABSENT:
18 COUNTY ATTORNEY PRESENT: John Roberts
19 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager
20 Michael Talbert, and Deputy Clerk to the Board David Hunt (All other staff members will be
21 identified appropriately below)
22 PLANNING BOARD MEMBERS PRESENT:, Vice Chair Larry Wright, Pete Hallenbeck, Mark
23 Marcoplos, H.T. "Buddy Hartley", Andrea Rohrbacher, Lisa Stuckey, Maxecine Mitchell, and
24 Tony Blake
25
26 PLANNING BOARD MEMBERS ABSENT: Chair Brian L. Crawford, Rachel Phelps Hawkins,
27 Alan Campbell, and Johnny Randall
28
29 Chair Pelissier called the meeting to order at 7:04:05 PM.
30
31 ****************************************************
32 C. PUBLIC HEARING ITEMS
33
341. 4. Class A Special Use Permit - To review and application for a Class A Special Use
35 Permit to develop a solar array/public utility station on 46 acres of a 122 acre parcel of property
36 located off of White Cross Road.
37 Michael Harvey presented this item.
38 The Deputy Clerk to the Board David Hunt swore in all of the parties that would speak to
39 this item.
40
41
42 CLASS A SPECIAL USE PERMIT
43 DEVELOPMENT OF A PUBLIC UTILITY— SOLAR ARRAY
44
45 PROPERTY INFORMATION
46 • PIN(s): 9748-34-9639.
47 • Size: 122 acres. Strata Solar is proposing to lease approximately 53 acres of the
48 property.
25
1 • Zoning : Agricultural Residential (AR). A portion of the property, is located within the
2 Haw River Protected Watershed Overlay District.
3 • Future Land Use Map Designation: Agricultural Residential
4 • Growth Management System Designation: Rural
5
6 Michael Harvey: The portion of the property north of the proposed development is not located
7 in a protected or critical watershed overlay district, meaning that there are no impervious
8 surface requirements. However, the applicant will be required to maintain identified and
9 protected stream buffers and will be required to submit a detailed erosion control and
10 stormwater management plans as currently required by the Unified Development Ordinance and
11 State law.
12
13 REQUEST:
14 • Erect approximately 960 individual solar array panels on a 53 acre portion of the subject
15 property.
16 • Typical array is 7 feet in height, with approximately 2 feet of ground clearance, and 47
17 feet in length.
18 • Arrays will be screened by existing vegetation and a 6 foot high chain link security fence,
19 topped with 3 strand barbed wire, shall enclose the perimeter of the array to prevent
20 access.
21 • Gravel paths/drives will be installed around these arrays in order to permit access by
22 Strata Solar technicians to service the panels. In certain areas there will be natural,
23 grass, paths depending on soil.
24 • Vehicular access to the site is restricted by a 24 foot access gate off of White Cross
25 Road.
26 • An overhead, medium voltage, power line will be installed on the north of the identified
27 leased area, adjacent to the existing mobile home park, allowing the proposed facility to
28 tie into the power grid.
29
30 Michael Harvey: This is the copy of the site plan. Very quickly what I would like to do is sort of
31 identify, here are the individual arrays that we talked about (staff identified the arrays on a map).
32 This is an existing identified stream, and you will note from your abstract, Attachment 3, under
33 staff comments, we do have what is known as a Surface Water Identification where Orange
34 County Erosion Control staff have gone out and verified the location of the stream. Strata Solar
35 personnel have gone out and verified the location of the stream on the site plan, and the site
36 plan denotes the required stream buffer as detailed within Article 6 of our zoning, excuse me our
37 Unified Development Ordinance that will have to be left in a natural state. You will also note
38 that the site plan delineates required landscaped areas per the Unified Development Ordinance.
39 They are using what we is defined within Article 6 known as the Overhead Utility Option
40 landscape standard that would allow smaller trees in order to ensure that a taller tree would not
41 cast a shadow on the array, rendering it virtually useless. The site will be buffered, however, so
42 that it will not be visible from White Cross Road, but the trees will be managed so that they don't
43 interfere with the natural operation of the proposed array.
44
26
1 REQUIRED REVIEW:
2 Project involves the review of a Class A Special Use Permit in accordance with the provisions of
3 Section 2.7 of the UDO.
4 • Decision is based on sworn testimony from applicant, supporters, and detractors
5 • Applicant bears the burden of proving compliance with the UDO
6 • Those in opposition to the project are required to submit evidence demonstrating project
7 does not comply.
8
9 STAFF INITIAL REVIEW:
10 • Applicant has submitted all documentation required for the review of a proposed utility
11 (i.e. required by Section 5.9.3)
12 • Applicant has submitted required documentation for a Class A Special Use Permit (i.e.
13 required by Section 2.7.3)
14 • There are policies within the Comprehensive Plan lending credence to the viability of the
15 proposal
16
17 RECOMMENDATION:
18 1. Receive the application,
19 2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
20 3. Refer the matter to the Planning Board with a request that a recommendation be
21 returned to the County Board of Commissioners in time for the September 18, 2012
22 BOCC regular meeting.
23 4. Adjourn the public hearing until September 18, 2012 in order to receive and accept the
24 Planning Board's recommendation and any submitted written comments.
25
26 Beth Trehos: Manager and members of the County Commissioners, Mr. Vice Chair and
27 members of the Planning Board, my name is Beth Trehos, I'm the Attorney with Smith, Moore,
28 and Leatherwood. My address is 434 Fayetteville St., Raleigh, N. C. I am here today on behalf
29 of Strata Solar, who is the contract tenant of the project. As you've heard, they would like to
30 construct a solar array on 53 acres out of the 112-acre farm. As has been explained to you,
31 your process is a quasi-judicial one, which requires that we provide expert testimony to indicate
32 that we have met the findings of fact that are set out in your Unified Development Ordinance. In
33 the interest of not taking up too much of your time, we have put together affidavits of the experts
34 that we have brought to testify before you tonight. They will summarize the testimony provided
35 in those affidavits for you and of course answer any questions that you might have.
36
37 I must apologize to you, I misunderstood and thought that this initial hearing was just the Board
38 of County Commissioners and I thought I was arriving with an ample number of affidavits, and I
39 find now that I don't have quite enough and I apologize to you. Mr. Harvey has indicated that he
40 would be happy to include those in the Planning Board packet so that everybody can have a
41 copy. I do apologize.
42
43 Here with me tonight is engineer Phil Post of Philip Post and Associates, real estate appraiser
44 Rich Kirkland, and Lance Williams of Strata Solar, as well as Beth Bradshaw, who is a
45 representative of the family who owns the property. I will ask each of them to come forward and
46 share their testimony with you. I wonder if it might be appropriate at this time to pass up the
47 affidavits that we have and to ask that they be included in the record. I would of course ask that
27
1 the staff report and associated attachments be incorporated into the record. Is that acceptable
2 to the Board? It was answered yes. Thank you very much. So at this time I'll call Phil Post, our
3 engineer.
4
5 Phillip Post: Members of the Commissioners and members of the Planning Board, my name is
6 Phil Post. I reside in Chapel Hill. I've been properly sworn. I've been an engineer in Chapel
7 Hill for over 33 years. I'm really happy to be associated with the Bradshaw property, and
8 particularly this element of the development property. This is White Cross Road here. The
9 entire parcel is 122 acres. The Strata project will occupy about 53 acres. The Bradshaw Mobile
10 Acres is here, that will continue to operate as it has for residential purposes. The array will be in
11 this area. The stream buffers, these hashed areas represent the area of the stream buffer that
12 the County and we agree is the protected stream buffer area. The other piece that we have on
13 this is the Type E 75-foot buffer that we're proposing around the entire perimeter of the project.
14 It doesn't include of course the right-of-way. It does not include the power line; it's in addition to
15 that. I'll just point out a few features of our proposed plan here. There is one part of the
16 Bradshaw Mobile Acres; most of it is really heavy, nice, old hardwood. There is one area that is
17 sort of a lawn area, so we're going to have an alternative buffer right here. That's why there's a
18 discontinuation. We'll still have a Type E buffer, but it will be planted in a slightly different way
19 and a little more intense and narrow buffer.
20
21 Our proposed driveway is here. It will be a gravel drive directly opposite to the existing gravel
22 residential driveway on the opposite side of White Cross. There will be a small gravel area here
23 where the array materials and construction materials will be deposited as it's being erected.
24 That will be a permanent sort of parking area with the gate right here. As Michael has told you,
25 the array really rests off the ground, so underneath the array would be grass. It will really be a
26 grass field with the raised arrays on it. The only feature that is kind of different about it, is the
27 little square places right here, and I think there's five of them. There will be sort of some
28 electrical equipment that will gather the electricity that is generated by these solar panels so that
29 it can be converted from DC power to AC power, and then distributed back to Duke Power. I'm
30 really pleased to be associated with a project of this type because I think it provides so many
31 benefits to our County and particularly in advancing the environmental goals, not only of the
32 Board, but of the County Comprehensive Plan. There are many citizens in Orange County that
33 would like to see us be less dependent on fossil fuel and more dependent on sustainable
34 renewable energy. This is a project that will produce electricity and be able to support about
35 750 homes. My colleagues will explain a little bit more about the exact benefits that are derived
36 from this. I just want to point out that it will be a tremendous investment in the County and will
37 provide very little pressure or new addition to the County services. In other words, there won't
38 be any new school children, there won't be any new school buses, there's no new traffic, there's
39 no water needs, there's no sewer needs, there's no additional refuse removal, there's no need
40 for any emergency services. It provides a nice investment in the County with virtually no impact
41 on any County services. So I'd like to point that out as being not only an advancing our
42 environmental goals but also just being a nice positive addition to our County.
43
44 This application we believe meets all of the requirements of Section 2.7 of the UDO. We
45 therefore ask for your support. We further note the objective, the specific objectives in the
46 County Comprehensive Plan regarding sustainable energy and reduction of carbon footprint.
47 We believe that this project will take some giant steps in those directions. I'll stop there and
48 answer any questions.
49
50 Chair Pelissier: Yes, could you tell us a little bit more about the power line that would be
51 installed there and where are the other power lines that it's going to hook up to?
28
1
2 Phillip Post: Let me start with the power lines that it will hook up to. As you know, White Cross
3 Road municipal Duke Power lines are on the west side right here, along the edge of the right-of-
4 way. So that's the existing power line, the Duke Power line that's been there for many years.
5 The collection line that will be much, much smaller and it will be tied into these five west points
6 here that I've pointed out to you, will be underground wires that run to an overhead line that will
7 be right on our fence line. So it will not be in the green area, but it will be right along this area
8 here and it will tie into a Duke Power pole right there. So, it's inside the 75-foot type E buffer,
9 and it's inside our fence. It will be basically what we call single-phase lines where it will just
10 have two wires on a short pole. It will be fed by underground lines and feed into the Duke
11 Power line.
12
13 Commissioner Gordon: I just want to have you explain again about the trees along the road
14 that you're saying you cannot see.
15
16 Phillip Post: The 75-foot type E buffer will be composed of the existing vegetation. The only
17 penetration will be just our one single driveway right here. Otherwise, there will be no
18 disturbance of the 75-foot buffer. We believe that the buffer, which is composed of large trees,
19 we believe that the spacing of the vegetation will keep the arrays unseeable. It's much shorter
20 than even the shortest amount of vegetation.
21
22 Mark Marcoplos: Speaking about the issue of the view, it sounds like it is considered
23 undesirable to see.
24
25 Phillip Post: I haven't considered that. It's happens at our houses and our businesses and
26 they're pretty innocuous. These are low to the ground, seven feet high at the most, so they're
27 not gigantic things. They absorb the sunlight, so they don't reflect anything. Being very
28 innocuous, they don't create any noise or any humming. They are only working when the sun is
29 shining, and of course when the sun is down, there is absolutely nothing going on there.
30
31 Mark Marcoplos: It seems like there might even be some benefits for being able to see it a
32 little bit, for public education.
33
34 Phillip Post: I think that's true. I think it's an advantage for folks to know about what's
35 happening in the County.
36
37 Rich Kirland: My name is Rich Kirkland, I've been duly sworn in. I've been appraising in the
38 Triangle area for the last 16 years and grew up in the area. What I have found is that there is
39 no information out there that suggests any kind of negative impact. The standard criteria would
40 be any kind of noise, site detriment, any kind of odor, and there's nothing along those lines on
41 any of these properties associated with solar power. As far as the site goes, even if you could
42 see it, it looks remarkably similar to greenhouse type of uses, which don't have a negative
43 impact. To that end, around this property the uses are either agricultural, vacant land, and a
44 mobile home park.
45
46 Andrea Rohrbacher: I'm not sure if this is the appropriate time to ask this question, but the
47 plan talks about the power generator being sold to Duke Power. What if there were a future
48 purchase or acquisition with respect to Duke Power company and the new owner was no longer
49 interested in purchasing this power? What would happen?
50
29
1 Beth Trehos: One of the reasons that green energy like solar power is so attractive in this area
2 is that there are state law requirements that the energy companies contract with providers, so
3 there is an incentive for a company that would buy Duke Power to continue on. Also, we are
4 actively involved in the negotiations of a contract which would bind that.
5
6 Lance Williams: Hi, my name is Lance Williams, I'm in site development for Strata Solar. We
7 have a regulated power industry. There are regulations that require power companies to buy
8 power. We sell our power at a competitive rate of other sources of power. This model is to sign
9 a power purchase agreement for a 15-year term.
10
11 The construction process, I'll just tell you a little bit about that. We look for sites that don't have
12 more than a 7% grade. So basically, we come into the site and we install fence posts. They go
13 six to ten feet in the ground. Then we attach the solar panels. Then the wires run together and
14 we attach them into the power grid. So it is a very nonintrusive piece of the land. We're not
15 normally reshaping the way that the work goes off the property. Many people find this a very
16 compatible use to rural agricultural land. As mentioned before, they don't create a lot of noise.
17 There is not a lot of traffic. If there is a problem with the array, then we send someone to check
18 it out, so the amount of traffic we're creating is less than what would be created for a single
19 house. It is encouraged by the Comprehensive Plan and it is also considered a public good by
20 both the state and the federal government. This site creates enough energy for about 748
21 houses. This equates to about the same as 2.8 million miles of vehicular traffic the amount of
22 savings in greenhouse emissions that is created by one solar panel.
23
24 Construction takes about 14 weeks, so, we're not intrusive to neighbors other than during the
25 construction period. Once again, we're not causing a large increase in cost to the County.
26 Thank you very much. We look forward to building a solar farm in Orange County. Since
27 Orange County is our home, we have strong ties to the site and I think this use fits very well into
28 the surrounding community.
29
30 Commissioner Jacobs: What is the life of one of these panels?
31
32 Lance Williams: Well, we haven't quite lived that long yet. The best guess is 50 to 60 years.
33 At the end of 25 years, the panel is at 85% capacity. The panels do not have moving parts, they
34 are not trackers, so they don't follow the sun. So it is a fairly old technology adopted in the 70's,
35 with silicone as the base material, which is some glass and basically dirt, so there's not a whole
36 lot there that could go wrong. The upkeep for one of these farms is small in comparison to other
37 utility projects.
38
39 Pete Hollenbeck: Do I understand this correctly that you're saying it is roughly a 6.3
40 megawatts setup.
41
42 Lance Williams: Yes, 6.38 megawatts is DC. Most people speak in terms of AC. This is 5
43 megawatts AC.
44
45 Pete Hollenbeck: And there are 960 individual solar panels. That would mean about 6.8
46 kilowatts per panel? Is that clusters of panels?
47
48 Lance Williams: An array is made up of individual panels. While there may be 960 arrays
49 there are somewhere between 26,000 and 27,000 panels. The panels are typically between
50 235-240 watts.
51
30
1 Pete Hollenbeck: So the 960 individual solar array panels means 960 clusters of groups of
2 individual panels?
3
4 Lance Williams: Yes. And the individual panel is about the size of a piece of plywood.
5
6 Pete Hollenbeck: And you mentioned that there would be grass underneath. How is that
7 maintained?
8
9 Lance Williams: That is sort of a work in progress. The story that we like to say and it's not
10 true in all seasons, is that normally there are sheep on farms, so during growing season there
11 are sheep grazing there. We do allow the shepherd to use the property to help keep the grass
12 down. We would work with the various grass types to figure out what the best low-growth grass
13 is for the area.
14
15 Pete Hollenbeck: The key concept here is that one way or another it is getting cut and the plan
16 is not to let it grow wild.
17
18 Lance Williams: That's the plan and the less we need out there, the less chance of somebody
19 damaging it.
20
21 Pete Hollenbeck: One last question. You said it's a single-phase power connection to Duke
22 Power? I have some issues with this and I think it would be very acceptable to come back to
23 the Planning Board after talking to Duke with greater detail. For 190 amps going into a single-
24 phase feed, I was surprised you could take that much in an imbalanced feed.
25
26 Lance Williams: We met with Duke on site today. We normally look for areas that have three-
27 phase lines. There's a three-phase line at the street and the substation is within a couple
28 hundred feet of the end of the property. So both three-phase lines are close to a substation to
29 help with those issues. I can't really answer whether the line coming off the array is single or
30 three-phased. Duke actually wants a 90-degree angle off the wire coming into the site, I think
31 they said about 120 feet.
32
33 Beth Trehos: In conclusion, we believe that we have met the burden of proof that is required of
34 us and we have provided substantial material to accomplish our task in demonstration
35 compliance with the findings of fact we were required to make. Thank you for your time.
36
37 Christen Smith: Good evening, my name is Christen Smith and I've been duly sworn. I am the
38 Director of Public Policy at the Chapel Hill-Carrboro Chamber of Commerce. We wanted to
39 enthusiastically express our support for this project. We have a chance for economic
40 development, community improvement, and reputation building that comports with our
41 community's values and commitment to the environment and sustainability. This is a local
42 company that has put down roots here and has a great reputation at quality work throughout the
43 state and in the southeast. You have a great partner. Strata Solar won the 2012 Business of
44 the Year Award and has the Chamber's full trust and confidence. We are happy to comment
45 and encourage you to support this project. This is a local company creating local green jobs
46 with an economic impact and an increased use of renewables, showing again Orange County's
47 commitment to sustainability. This is also a movement towards developing solar as a potential
48 cluster??? in our economic development strategy. It is consistent with our expressed values of
49 our commitment to the environment, our commitment to people and jobs, and our commitment
50 to the economy. We are very excited to support this project.
51
31
1 Michael Harvey: I have a couple of closing remarks. I want to call the Board's attention to
2 Attachment 3, which contains various memorandum from departments indicating that they have
3 no issues or concerns with the proposed development. We also have a memorandum from
4 Orange County Health Department saying they have done reviews and have no issues. We
5 have not received any concerns from the Sheriff's Department, the fire department concerning
6 this site. Obviously, there will not be facilities, so again, there is no septic or well.
7
8 I'd like to remind the Board, as we have identified in your abstract, specifically on page 2, this
9 property is in a forest management plan. Meaning there is tree harvesting and replacing trees
10 throughout the property. Our goal at the Planning department is to continue to allow the family
11 to adequately farm their property while working with Strata Solar to preserve sufficient
12 landscape buffers. On page 3 of our abstract, we have outlined the various development
13 requirements associated with a Class A Special Use Permit. You will note specifically with
14 respect to Section 5.9.3 of the UDO we have found this project to be complaint. As I already
15 talked about, there will be a 75-foot managed landscape buffer and the trees will be managed
16 properly so that they don't create an adverse impact on the array but they still provide the
17 necessary visual obstruction. I'll conclude my remarks by saying the County staff has not been
18 provided any documents or comments or concerns from the adjacent property owners indicating
19 their lack of support for the project. The Planning Director's recommendation is to receive the
20 application, conduct the hearing, refer the matter to the Planning Board for their review and
21 comment, that you adjourn this public hearing to September 18th for a recommendation.
22
23 Commissioner Jacobs: On page 39, the letter from the North Carolina Wildlife Resources
24 Commission, their recommendation is a 100 foot vegetative stream buffer on the property. I
25 don't recall what he said about the buffer on the stream.
26
27 Michael Harvey: It's going to observe the appropriate stream buffer as defined within Article 6
28 of our Unified Development Ordinance. You're going to have a 65-80-foot buffer depending on
29 the slope. So if I could call your attention to that too. This slide, Commissioner Jacobs, the
30 protected stream buffer is consistent with what is required within Article 6. The edge of the
31 leased area essentially is the center of the stream. The stream buffer is going to be preserved
32 and maintained. We would allow under the current guidelines for it to be maintained and to
33 replace the existing dead vegetation so that it does not cast a shadow on the array. Even the
34 forest management plan that the Bradshaw family is operating under falls under the
35 preservation and protection of the stream, so there will be trees necessarily harvested from the
36 stream buffer.
37
38 Commissioner Jacobs: So, this is what the Wildlife Resources Commission recommended?
39
40 Michael Harvey: Correct. And you will note, if I could call your attention to page 33, you have
41 the letter offered by Mr. Wesley Poole delineating the stream as part of the stream buffer.
42
43 A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
44 to receive the application, refer the matter to the Planning Board to come back with a
45 recommendation for the September 18th meeting, and adjourn the public hearing until
46 September 18th in order to receive and accept the Planning Board recommendation.
47 VOTE: UNANIMOUS
48
49 ****************************************************
Planning Board July 11 , 2012 regular meeting
Attachment 5
STATE OF NORTH CAROLINA BEFORE THE BOARD OF
COMMISSIONERS AND PLANNING
BOARD
COUNTY OF ORANGE
IN RE: Strata Solar- Solar Farm Use
Orange County PIN: a portion of 9748-34-9639
Address: 2314 White Cross Road, Chapel Hill,North Carolina
STATEMENT OF JUSTIFICATION IN SUPPORT OF THE
SPECIAL USE PERMIT APPLICATION
NOW COMES THE PETITIONER, by and through counsel of record, and respectfully
requests approval of their application for a special use permit to operate a solar farm. In
support of this request, Petitioner provides the following information:
I. Introduction
Strata Solar proposes to construct a solar farm on 53.31± acres of land owned by the John
Bradshaw Family Limited Partnership. The property is located on White Cross Road
near its intersection with Butler Road. The property is currently zoned Agricultural
Residential (AR) within the Haw River Protected Watershed Overlay District. Adjacent
properties are developed as homes, a mobile home park and farms. Adjacent properties
are also zoned Agricultural Residential (AR) within the Haw River Protected Watershed
Overlay District.
An overarching theme of the Orange County Comprehensive Plan is a desire to create a
sustainable future. In Chapter 1, the Plan Overview,the Orange County Comprehensive
Plan states that". . .we must seek to develop a community that meets the needs of the
present generation without compromising the ability of future generations to meet their
needs."This solar farm fulfills the County's goal to reduce dependence on fossil fuels
and nuclear power and turn to a sustainable form of energy generation.
The solar farm will contain rows of Photovoltaic (PV) cells mounted on posts set in the
ground by hand. The posts are set individually in effort to minimize the amount of
grading on site. These rows of PV cells are referred to as "solar arrays." The solar arrays
will be fixed in place facing south in order to receive the maximum amount of solar
energy. This configuration contains no moving parts. The power generated from the
solar farm will be sold to Duke Power Company for use by Orange County and
consumers in place of power produced by non-sustainable means.
33
II. Statement in Support of Application
A. The use will maintain or promote the public health, safety and general welfare, if
located where proposed and developed and operated according the plan as submitted.
The proposed solar farm will not materially affect the public health or safety. Access to
the site will be from an existing private gravel drive onto White Cross Road. The site will
generate virtually no traffic. The solar facility will not be staffed daily. Employees are
expected to visit the property weekly or less frequently to check and maintain the
equipment,mow the grass and make repairs. Two gravel parking spaces will be provided
for employee use. The active area of the solar farm will be enclosed by a six foot(6')
high fence and gated for security purposes. Access codes to the gate will be provided to
local emergency service providers. Vehicular access to the site is adequate for the use
proposed and for emergency services.
There will be no buildings or employees on the property so there is no need for sewage
disposal facilities or water on the site.
The proposed solar farm will protect against soil erosion and sedimentation. Care is taken
to minimize grading on the site by hand setting poles to support the solar cells. The areas
beneath the solar panels will be planted with grass or alfalfa to stabilize the site. During
construction, erosion control measures will be maintained in accordance with the County
regulations and the site will comply with County storinwater regulations. All
environmental buffers will be maintained and respected.
B. The use will maintain and enhance the value of contiguous property (unless the use is
a public necessity, in which case the use need not maintain or enhance the value of
contiguous property).
The proposed use will maintain and enhance the value of contiguous properties. Solar
farms are virtually silent. The solar arrays proposed have no moving parts. The only
sound is the quiet hum of electrical transformers, invertors and substation that deliver the
solar power to the power grid. Similar facilities are located in neighborhoods to deliver
power to homes. At night, when the sun is not available, there is no energy being created
and no noise on the site. Solar farms generate far fewer vehicles trips than one average
single-family home. Employees visit the site once a week or even less frequently. Solar
panels are designed to absorb light, rather than reflect it.
Solar energy is a public necessity. Demand for electricity has increased exponentially in
recent years and our society is dependent upon conventional sources of power such as
coal, gas,nuclear and hydro energy. Conventional sources of electricity are expensive,
finite resources that require significant environmental disruption and public safety risk to
maintain or extract. Solar energy is a clean, cheap, unlimited resource with little
34
environmental impact. The demand for power will not decline. We must embrace
renewable means of power generation.
C. The location of the use, if developed according to the plan submitted, will be in
harmony with the area in which it is to be located and the use is in compliance with the
plan for the physical development of the County as embodied in these regulations or in
the Comprehensive Plan, or portion thereof, adopted by the Board of County
Commissioners.
The proposed solar farm is consistent with the residential and agricultural land use
pattern that exists in the area today. The site of the proposed solar farm is somewhat
isolated from adjacent properties. It is separated from adjacent properties to the south by
a stream buffer; and immediately adjacent properties to the north and west are owned by
the same property owner as the subject property. In addition, a 75' Type E Land Use
buffer, overhead utility option, will be provided in accordance with Orange County Code
in order to provide a transition between adjacent properties and the proposed solar arrays.
The proposed solar farm is consistent with the Orange County Land Use Plan.
Throughout the Orange County Land Use Plan references are made to the County's
desire to encourage locally-generated alternative energy resources and to promote
alternative and sustainable fuels. The Greenhouse Gas Emission Inventory and Reduction
Action Plan initiated by Orange County in 2006 suggested that private alternative energy
production be encouraged in the County. Further,the Orange County Comprehensive
Plan encourages preservation of the rural land use pattern. Maintaining large tracts of
land is necessary to maintain rural character. The site of the proposed solar farm totals
53.311 acres of land. Allowing the subject property to develop as a solar farm provides
an opportunity for locally generated energy resources in Orange County and creates
income for the property owner and tax base for the County that does not result in another
suburban-style residential subdivision.
The proposed solar farm will consume practically no county services: no seats in county
schools or on school buses, virtually no refuse or recycling needs, no special sheriff
protection, no light pollution, no emissions of any kind, no demand for water from
depleted aquifers and no sewage disposal.
D. The proposed Special Use Permit is for a Public Utility Station subject to the
requirements of Section 5.9.3 as follows:
1. Where a building is involved and it is proposed to be located in a
residentially zoned district, it shall have the appearance suitable for a
residential district, or it shall be screened from adjacent residential land.
No building is proposed on this property.
2. Where buildings are setback from road rights of way or from private
property lines by a distance of 200 feet, screening will not be required.
35
No building is proposed on this property.
3. All outside storage areas are fenced and screened from adjacent
residentially developed areas.
No outdoor storage is proposed on this property.
4. The site is of adequate size for sewage disposal systems proposed and for
the proposed use.
No building or employees will be located on this site so no sewage
disposal system is needed. The size of the site is adequate for the proposed
use. The site provides for significant buffers on all sides.
36
•
STATE OF NORTH CAROLINA BEFORE THE BOARD OF
COMMISSIONERS AND PLANNING
BOARD
COUNTY OF ORANGE
SPECIAL USE PERMIT )
APPLICATION FOR A ) AFFIDAVIT OF
SOLAR FARM ) RICHARD C. KIRKLAND, MAI
NOW COMES the undersigned Affiant, who, being first duly sworn deposes and says:
1. I am over eighteen(18) years of age and competent to testify to the matters set
forth in this Affidavit.
2. I am a licensed North Carolina real estate appraiser with an MAI Designation,
actively practicing in this area for 13 years. A copy of my report and qualifications is
attached to this affidavit as Exhibit A.
3. The property owner proposes to construct a solar farm on 53.31± acres of the
121.21±acres that comprise the greater property. The solar farm will consist of fixed
solar panels that generate no noise, no smell and less traffic than one typical residential
dwelling. The solar panels will be approximately seven feet (7') in height,much lower
than the typical house.
4. I inspected the property and the immediate neighborhood as a part of my
evaluation. The portion of the property proposed for the solar farm is currently vacant
and used for agricultural purposes. A small portion of the larger tract is used for a mobile
home park, and the remainder of tract is vacant and used for agricultural purposes. The
owner intends to continue the mobile home use and expects no negative impacts.
5. As a part of my study, I conducted research through the Appraisal Institute and
other sources regarding the impact of a solar farm on adjacent properties. I found nothing
to suggest a negative impact.
6. I visited a solar farm constructed by Strata Solar south of the Governor's Club on
Farrington Point Road in Chatham County,North Carolina. I found the property
attractive. The view of the solar farm was not generally visible from the road. What could
be seen reminded me of a shorter greenhouse without the associated odor of fertilizer
normally accompanying greenhouses.
7. I looked at the specific adjacent parcels of land surrounding this proposed solar
farm. The property is surrounded by farm land, mobile homes and single-family
residences, which, I believe are compatible uses.
37
8. Further, I note that the property owner will continue to own 67.9± acres
immediately adjacent to the subject property and zoned for residential use.
9. Based upon the detailed information contained in my report, I conclude that the
proposed solar farm will not substantially injure the value of adjoining property.
Further the Affiant Sayeth Not.
[Remainder of Page Intentionally Left Blank]
2
38
This the 7-1 day of ,,lit-C , 2012.
C'Th..----- /1" , 04,0
r
RICHARD C. KIRKLAND
ACKNOWLEDGMENT
WAKE COUNTY,NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document:
47
Rich C. l<irlcicAnol
Date: Maki 21 , 20 12
[Notary' ' ature na e appears on seal]
CRAIG T. JOHNSON! �'vc °�"a �u 1hnSin ,Notary Public
NOTARY PUBLIC
MAKE COUNTY, I11,C. [Notary` rinted name as name appears on seal]
My Commission Expires 7-19-2012.
(SEAL)
My commission expires: 1-tA.ii,l 15 ,20 \a
3
EXHIBIT A 39
Richard C. Kirkland,Jr., MAI
3540 Layton Ridge Road
Kirkland Apex,North Carolina 27539
Phone (919)771-2202
Appraisals FAX (919) 771-2201
rkirkland2@nc.rr.com
www.kirklandappraisals.com
April 11,2012
Mr. Lance Williams
StrataSolar
Suite 101
1119 US 15-501 Hwy South
Chapel Hill, North Carolina 27517
Dear Mr.Williams:
At your request, I have considered the likely impact of a solar farm to be located on a portion
of a 121.21-acre site at 2159 White Cross Road, Chapel Hill, North Carolina.
The scope of this assignment is to address the likely impact this may have on adjoining
properties. To this end I have researched and visited existing solar farms, researched
articles through the Appraisal Institute, and discussed the likely impact with other real
estate professionals. I have not been asked to assign any value to any specific property.
This letter is a limited report of a real property appraisal consulting assignment and subject
to the limiting conditions attached to this letter. My client is StrataSolar represented to me
by Mr. Lance Williams. The intended use is to assist in the Special Use Permit application.
The effective date of this consultation is March 26, 2012, the date I inspected the property.
The property is located on the west side of White Cross Road north of Old Greensboro Road
and includes approximately 45.00 acres being surveyed out of a larger 121.21-acre tract of
land currently owned by John Thomas Bradshaw Family LP. The property is currently
vacant and used for a mobile home park and agricultural use. The intent is to place the
solar farm north of the creek that runs through the middle of the tract and south of the
mobile home park. The owner intends to continue the mobile home park and subdivide out
the acreage for the solar farm. The owner expects no negative impact from the solar farm on
the mobile home park or other adjoining agricultural land.
The property has fifteen parcels that adjoin the parent tract, but only the parcels numbered
1, 3, 4, 5, 14, and 15 will adjoin the proposed 45-acre solar farm once it is subdivided out. I
have identified all of these parcels on the following aerial map along with a list of the
adjoining parcels and uses.
40
# Parcel!D Owner Acres Use
1 9748456955 Cheek 19.88 Residential/Agriculture
4 9748557159 Cecil
2 9748652607 Tripp
3 9748656467 Rich
8.46 Residential
76 #5.52 ResidenResiden tial
5 9748642712 34.69.31. Residential/Agrial/Agriculture iculture
6 9748734645 Cecil Barber 143.7 Agriculture
7 9748535992 Hackney 28.31 Agriculture
8 9748620795 Hackney 110.62 Agriculture
9 9748446160 Hackney 3.95 Residential
10 9748432369 Duke Energy 1.55 Substation
11 9748431180 Hackney 201 Vacant
12 9748320786 Byron 35 idential/Agriculture
13 9748233155 Goodman 495 Residential
14 9748242720 Bradshaw 9547 Residential/Agriculture
15 9748267381 Cecil 27idential/Agriculture
L F 3 ''''F'r t d-u �5 4 }y'qq+l'F'M riA4 s y � �C ;11�^-i � Srj'i - ') 1 4 e "c;;,,r „ i
i C 4'� - - 1 t 4- _ � . ,t k� ice. i
i A yi J
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41
The solar farm will consist of fixed solar panels that will generate no noise, no smell, and
less traffic than a residential subdivision. The appearance will all be panels that have less
height than a typical residential dwelling and the appearance is not associated with anything
offensive or considered likely to impact residential, agricultural uses in the vicinity. I note
that the owner of the land still intends to maintain the mobile home park on the adjoining
acreage as well as additional acreage of agricultural/residential land with no concern over
any impact this solar farm might have on property value.
Another proposed solar farm project to be located in Willow Springs on Old Store Road that I
inspected will have a 45-acre solar farm adjoining land proposed for a residential
subdivision. Both the solar farm and the residential subdivision are to be developed by the
same owner with no concern over any negative impact from the solar farm on the potential
residential subdivision.
Visiting the StrataSolar solar farm located just south of Governor's Club on Farrington Point
Road I note that the panels are not visible from the road and entirely obscured by the slope
away from the road and the fencing. The visual impact of the solar panels is somewhat
similar to greenhouses, but generally cleaner and without the associated odor from
fertilizers.
Searching for comparable sales on LoopNet, I identified a number of residential and
agricultural tracts of land being marketed as good locations for solar farms, which strongly
suggests the markets expectation of this as a complimentary use for these areas, especially
given the slowdown in the residential market.
Research on solar farms through the Appraisal Institute and general online searches have
identified no research suggesting proximity to a solar farm has any impact on adjoining
parcels.
Given the lack of any known basis for an impact on value from adjacency to a solar farm
(such as noise, traffic, or odor) and the lack of any information or research suggesting a
trend for a negative impact, I conclude that there is none. This is much like answering the
question of whether or not a residential dwelling has a negative impact on adjoining land.
There is no reason to suspect that there is a negative impact and no data to suggest it.
Therefore a reasonable consideration of the information indicates no negative impact to
adjoining properties from the development of a solar farm.
If you have any further questions please call me any time.
Sincerely,
c.
0.oiJ
w:*~ "°"* . *`/ Hid
�" C +rflOLl�'F
(/ 41 Arrexh cyq�Eb s��0,1
Richard C. Kirkland,Jr., MAI
State Certified General Appraiser
42
Limiting Conditions and Assumptions
Acceptance of and/or use of this report constitutes acceptance of the following
limiting conditions and assumptions; these can only be modified by written
documents executed by both parties.
• The basic limitation of this and any appraisal is that the appraisal is an opinion of value, and
is, therefore,not a guarantee that the property would sell at exactly the appraised value. The
market price may differ from the market value, depending upon the motivation and
knowledge of the buyer and/or seller, and may, therefore, be higher or lower than the market
value. The market value, as defined herein, is an opinion of the probable price that is
obtainable in a market free of abnormal influences.
• I do not assume any responsibility for the Iegal description provided or for matters pertaining
to legal or title considerations. I assume that the title to the property is good and marketable
unless otherwise stated.
• I am appraising the property as though free and clear of any and all liens or encumbrances
unless otherwise stated.
• I assume that the property is under responsible ownership and competent property
management.
• I believe the information furnished by others is reliable, but I give no warranty for its
accuracy.
I have made no survey or engineering study of the property and assume no responsibility for
such matters. All engineering studies prepared by others are assumed to be correct. The
plot plans, surveys, sketches and any other illustrative material in this report are included
only to help the reader visualize the property. The illustrative material should not be
considered to be scaled accurately for size.
+ I assume that there are no hidden or unapparent conditions of the property, subsoil, or
structures that render it more or less valuable. I take no responsibility for such conditions or
for obtaining the engineering studies that may be required to discover them.
• I assume that the property is in full compliance with all applicable federal, state, and local
laws, including environmental regulations, unless the lack of compliance is stated, described,
and considered in this appraisal report.
+ I assume that the property conforms to all applicable zoning and use regulations and
restrictions unless nonconformity has been identified, described and considered in this
appraisal report.
+ I assume that all required licenses, certificates of occupancy, consents, and other legislative
or administrative authority from any local, state, or national government or private entity or
organization have been or can be obtained or renewed for any use on which the value
estimate contained in this report is based.
• I assume that the use of the land and improvements is confined within the boundaries or
property lines of the property described and that there is no encroachment or trespass unless
noted in this report.
+ I am not qualified to detect the presence of floodplain or wetlands. Any information presented
in this report related to these characteristics is for this analysis only. The presence of
floodplain or wetlands may affect the value of the property. If the presence of floodplain or
wetlands is suspected the property owner would be advised to seek professional engineering
assistance.
.• For this appraisal, I assume that no hazardous substances or conditions are present in or on
the property. Such substances or conditions could include but are not limited to asbestos,
urea-formaldehyde foam insulation, polychlorinated biphenyls (PCBs), petroleum leakage or
underground storage tanks, electromagnetic fields, or agricultural chemicals. I have no
knowledge of any such materials or conditions unless otherwise stated. I make no claim of
technical knowledge with regard to testing for or identifying such hazardous materials or
43
conditions. The presence of such materials, substances or conditions could affect the value
of the property. However, the values estimated in this report are predicated on the
assumption that there are no such materials or conditions in, on or in close enough proximity
to the property to cause a loss in value. The client is urged to retain an expert in this field, if
desired.
• Unless otherwise stated in this report the subject property is appraised without a specific
compliance survey having been conducted to determine if the property is or is not in
conformance with the requirements of the Americans with Disabilities Act (effective 1/26/92).
The presence of architectural and/or communications barriers that are structural in nature
that would restrict access by disabled individuals may adversely affect the property's value,
marketability, or utility.
• Any allocation of the total value estimated in this report between the land and the
improvements applies only under the stated program of utilization. The separate values
allocated to the land and buildings must not be used in conjunction with any other appraisal
and are invalid if so used.
• Possession of this report, or a copy thereof, does not carry with it the right of publication.
• I have no obligation, by reason of this appraisal, to give further consultation or testimony or
to be in attendance in court with reference to the property in question unless further
arrangements have been made regarding compensation to Kirkland Appraisals, LLC.
• Neither all nor any part of the contents of this report (especially any conclusions as to value,
the identity of the appraiser, or the firm with which the appraiser is connected) shall be
disseminated to the public through advertising, public relations, news, sales, or other media
without the prior written consent and approval of Kirkland Appraisals, LLC, and then only
with proper qualifications.
• Any value estimates provided in this report apply to the entire property, and any proration or
division of the total into fractional interests will invalidate the value estimate, unless such
proration or division of interests has been set forth in the report.
•;• Any income and expenses estimated in this report are for the purposes of this analysis only
and should not be considered predictions of future operating results.
• This report is not intended to include an estimate of any personal property contained in or on
the property, unless otherwise state.
• This report is subject to the Code of Professional Ethics of the Appraisal Institute and
complies with the requirements of the State of North Carolina for State Certified General
Appraisers. This report is subject to the certification, definitions, and assumptions and
limiting conditions set forth herein.
• The analyses, opinions and conclusions were developed based on, and this report has been
prepared in conformance with, our interpretation of the guidelines and recommendations set
forth in the Financial Institutions Refoun, Recovery, and Enforcement Act of 1989 (FIRREA).
• This is a Real Property Appraisal Consulting Assignment as identified in Standard 4 of USPAP
and reported following Standard 5 of USPAP.
44
Certification --Richard C. Kirkland, Jr., MM
I certify that, to the best of my knowledge and belief:
1. The statements of fact contained in this report are true and correct;
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, unbiased professional
analyses, opinions, and conclusions;
3. I have no present or prospective interest in the property that is the subject of this report
and no personal interest with respect to the parties involved;
4. I have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment;
5. My engagement in this assignment was not contingent upon developing or reporting
predetermined results;
6. My compensation for completing this assignment is not contingent upon the development
or reporting of a predetermined value or direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of the appraisal;
7. The reported analyses, opinions, and conclusions were developed, and this report has
been prepared, in conformity with the requirements of the Code of Professional Ethics
and Standards of Professional Appraisal Practice of the Appraisal Institute;
8. The reported analyses, opinions and conclusions were developed, and this report has
been prepared, in conformity with the Uniform Standards of Professional Appraisal
Practice.
9. The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives;
10. I have made a personal inspection of the property that is the subject of this report, and;
11. No one provided significant real property appraisal assistance to the person signing this
certification.
12. As of the date of this report I have completed the requirements of the continuing
education program of the Appraisal Institute;
13. I have not appraised this property within the last three years.
Disclosure of the contents of this appraisal report is governed by the bylaws and regulations of
the Appraisal Institute and the National Association of Realtors.
Neither all nor any part of the contents of this appraisal report shall be disseminated to the
public through advertising media, public relations media, news media, or any other public means
of communications without the prior written consent and approval of the undersigned.
cc 9y 000
.yti� `, d c 'v t
■qhet+M► O tre
APPOV 7Eo SEV
Richard C. Kirkland,Jr., MAI
State Certified General Appraiser
45
STATE OF NORTH CAROLINA BEFORE THE BOARD OF
COMMISSIONERS AND PLANNING
BOARD
COUNTY OF ORANGE
SPECIAL USE PERMIT )
APPLICATION FOR A ) AFFIDAVIT OF
SOLAR FARM ) PHILIP N. POST,PE,PLS
NOW COMES the undersigned Affiant, who, being first duly sworn,deposes and says:
1. I am over eighteen (18)years of age and competent to testify to the matters set
forth in this Affidavit.
2. I am a licensed North Carolina professional engineer. I am a principal with the
engineering firm of Philip Post& Associates, Inc.
3. The property owner proposes to construct a solar farm on 53.31±acres of a 122±
acre parcel owned by the Bradshaw Family Partnership. I am familiar with the proposed .
solar farm use, including the special use permit request. I have personally toured the
property and specifically inspected the location of the proposed project.
4. The solar farm will contain rows of Photovoltaic cell set in the ground by hand to
minimize grading. The site will be constructed in one phase. The solar cell
configuration contains no moving parts.
5. It is my professional opinion that the proposed solar farm will not materially
affect the public health or safety. Access to the site will be from a new private gravel
drive onto White Cross Road, an NCDOT maintained public road. The proposed solar
farm will generate almost no traffic. The solar farm will not be staffed daily. Employees
will visit the site weekly or less frequently to check and maintain the equipment. I am
familiar with the principles of traffic engineering. The Institute of Transportation
Engineers Trip Generation manual 8th Edition reports that the average single-family
housing unit will produce an average of 9.57 trips on a weekday. The proposed solar
farm will generate far fewer daily trips than one average single-family detached home.
7. The creation of solar energy is virtually silent. The only sound is the quiet hum of
equipment converting and conveying electricity to the power grid during daylight hours.
Similar facilities are already located in residential neighborhoods to deliver power to
homes. Solar panels are designed to absorb rather than reflect light.
6. The area beneath the solar panels will be planted with grass or alfalfa to stabilize
the soil. The active area of the solar farm will be enclosed by a six foot(6')high fence
topped with a three strand barbed wire to prevent unauthorized access to the site.
46
7. The proposed solar farm will be in harmony with the area in which it is located.
The proposed solar farm is consistent with the residential and agricultural land uses that
exist in the area today. All properties immediately adjacent on the north, south and west
sides of the solar farm site are owned by the same property owner as the proposed solar
farm,the Bradshaw Family Partnership. A 75' foot Type E vegetation buffer will be
established around the entire perimeter of the property.
8. The proposed solar farm will be consistent with the Orange County
Comprehensive Plan. In Chapter 1, the Plan Overview, the Orange County
Comprehensive Plan states that ". . .we must seek to develop a community that meets the
needs of the present generation without compromising the ability of future generations to
meet their needs." The Comprehensive Plan goes own to encourage green energy, like
solar energy, in Natural and Cultural Systems Goal 1, Objective AE-15 and Objective
AG.8.
9. The proposed solar farm is classified as a Public Utility Station and Substation
under Section 5.9.3 of the Unified Development Ordinance, and it meets all the
requirements of that section. No building is proposed as a part of the proposed solar farm
so no sewage system will be required. The site is of adequate size for the proposed solar
farm.
10. The site is appropriately located to be served by fire,police and emergency
services,if needed.
11. It is my professional opinion that the proposed solar farm meets all of the
requirements for issuance of a Special Use Permit for a Public Utility Station and
Substation use.
Further the Affiant Sayeth Not.
[Remainder of Page Intentionally Left Blank.]
47
Lr flt R
Tdt
This the (2-1—day of � , 2012. 10 9
/ SEAL S v
r' 7636
o
P ILIP 'OST y�® 14 p3yfe..u�1yta'}�nfffx �
ACKNOWLEDGMENT
W COUNTY,NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document: Philip N. Post.
Date: Z9. , 2012
a . QinctictiL
[Notary's signature as name appears on seal]
.,.A.,.,. •..., 64.11)Bern A . To rd a.r) ,Notary Public
. J
s"4;c'' 0.9 [Notary's printed name as name appears on seat]
(SEAL) t�
,,,
My commission expires: May !7 , 20 l7,
Attachment 2 48
Standard Form Contract-Schedule PP-H(NC)/PP-N(NC) NCUC Docket No.E-100,Sub 127 I
(Revised November I,2008)
PURCHASED POWER AGREEMENT
between
DUKE ENERGY CAROLINAS, LLC
•
and
WHITE CROSS FARM, LLC
"White Cross Farm PV Installation"
Contract Number: 2012-18
Contract Date: May 8,2012
Initial Delivery Date:
49
• I
NC STANDARD PPA:DOC(Revised November 1,2008) NCUC Docket No.E-100,Sub. 127
1 PURCHASED POWER AGREEMENT
2
3 THIS PURCHASED POWER AGREEMENT("Agreement")is made
4 this 8th day of May,2012,by and between
6 DUKE ENERGY CAROLINAS,LLC,
7
8 a North Carolina Limited Liability Company("Company"),and
9
10 WHITE CROSS FARM,LLC,
11
12 ("Supplier"or"Customer"),for the
13
14 "White Cross Farm PV Installation",
15
16 which is or will be a qualifying facility as defined by the Federal Energy Regulatory Commission
17 ("FERC")pursuant to Section 210 of the Public Utility Regulatory Policies Act of 1978, consisting
18 of five(5) - 1,276.8 kilowatt DC Astronergy photovoltaic arrays (6,384 kilowatts DC total) and ten
19 (10) SMA SC500U grid-tie inverters, (the "Facility"), located at 2159 White Cross Road, Chapel
20 Hill,NC 27516.
21
22 (Hereinafter,the parties are also referred to individually as"Party"and collectively as"Parties").
23
24 In consideration of the mutual covenants herein contained,the Parties hereto, for themselves,their
25 successors and assigns,do hereby agree to the following:
26
27 1. Service Requirements.
28
29 1.1 The Supplier shall sell and deliver exclusively to the Company all of the electric power
30 generated by the Facility, net of the Facility's own auxiliary electrical requirements, and the
31 Company shall purchase, receive, use and pay for the same, subject to the conditions
32 contained in this Agreement. If the Supplier will receive back-up and maintenance power for •
33 the Facility's auxiliary electrical requirements from the Company, such power shall be
34 provided to Supplier pursuant to a separate electric service agreement under the Company's
35 rate schedule appropriate for such service.
36
37 1.2 The electric power to be delivered hereunder shall be three (3) phase, alternating, at a
38 frequency of approximately sixty(60)hertz,and at approximately 12,470/7,200 volts.
39
40 1.3 Delivery of said power shall be made in Orange County at or near Chapel Hill,North Carolina
41 at a delivery point described as follows: At the solar farm located at 2159 White Cross Road,
42 Chapel Hill,NC 27516,where the Customer's conductors connect to the Company's installed
43 tap line conductors.
44
45 1.4 (a) The Nameplate Capacity of the Supplier's generating facilities, as defined in the attached
46 Schedule PP-N(NC) is 5,000 kilowatts, consisting of five (5) - 1,276.8 kilowatt DC
Page 1 of 12
•
50
NC STANDARD PPA.DOC(Revised November 1, 2008) NCUC Docket No.E-100,Sub. 127
IN WITNESS WHEREOF, on the day and year first above written, the Parties hereto have
caused their official names to be hereunto subscribed by their respective Presidents, Vice
Presidents or Authorized Representatives.Executed in Duplicate.
DUKE ENERGY CAROLINAS, LLC
By
Managing Director
WHITE CROSS FARM, LLC
(zyz
By
Print m C Yku-s Ai;I4-4-61",---
Title
G
Staff Note - the applicant did not provide
pages 2 through 11 to the Planning
Board. Staff assumes the information
may be proprietary in nature. The
purpose of the document, however, is to
denote there is an agreement in place
with Duke Power to purchase power
generated at the facility
Page 12of12
51
JDuke `.: ►r. i,«,47/ ►;�y4-'�:"( 3i,1:4
ergY
Kendrick C.Fentress
Associate General Counsel
Duke Energy Corporation
3700 Glenwood Avenue
Suite 330
Raleigh,NC 27812
Tel 919.784.8454
Fax 919,784.5240
August 16,2011
Ms. Renne C. Vance AUG 1 6 Zo;'
Chief Clerk Ate cie atf
North Carolina Utilities Commission ( eacom
4325 Mail Service Center
'�n
�� ,� Raleigh,NC 27699-4325
o
Re: Duke Energy Carolinas Avoided Cost Rates
Occgn Schedule PP(N), Schedule PP(H),and Standard Contract
r� Docket No. E-100, Sub 127
lie Dear Ms. Vance:
Y1OU M Pursuant to the North Carolina Utilities Commission's Order Establishing Standard
`VD1145 Rates and Contract Terms for Qualifying Facilities, issued July 27, 2011, in the above-captioned
5esscii1,5 docket,Duke Energy Carolinas, LLC encloses 1 original and 31 copies of Schedule PP(N),
Schedule PP(H) and its Standard Purchased Power Agreement for filing in the above-referenced
Q�1CSOil docket.
V IC
� If you have any questions,please do not hesitate to contact me.
Gub
tXe(o Sincerely,
(4,`C/7ze-A-
p5 ABC
?5 Q,Q Kendrick C. Fentress
Associate General Counsel
Enclosures
•
52
Duke Energy Carolinas,LLC Electricity No.4
North Carolina Tenth Revised Leaf No.91
Superseding North CarolinaFnty 111..riseuiLearo.91
SCHEDULE PP-N(NC) AUG '� 6 2011
NON-HYDROELECTRIC QUALIFYING FACILITIES
PURCHASED POWER Clerk's Office
AVAILABILITY(North Carolina only] M,C.Utilities Commission
IL
Available only to establishments located in the Company's North Carolina service territory which have non-hydroelectric qualifying
facilities fueled by trash or methane derived from landfills, hog waste, poultry waste, solar, wind, and non-animal forms of biomass
contracting to sell generating capacity and energy not in excess of five(5) megawatts, or other non-hydroelectric generating facilities
contracting to sell generating capacity and energy not in excess of three (3) megawatts, which are interconnected directly with the
Company's system and which are qualifying facilities as defined by the Federal Energy Regulatory Commission pursuant to Section 210
of the Public Utility Regulatory Policies Act of 1978.
The Fixed Long-Term Rates on this Schedule are available only to Customers under contract with the Company on or before November I.
2012 for delivery of power beginning on or before the earlier of thirty(30)months from the date of execution of the contract or May I,
2015.
Notwithstanding the above,all qualifying facilities have the option to sell energy to the Company on an"as available"basis and receive
energy credits only calculated using the Variable Rates identified in this Schedule for the delivered energy.
This Schedule is not applicable to a qualifying facility owned by a Customer,or affiliate or partner of a Customer,who sells power to the
Company from another facility within one-half mile.
Service necessary for the delivery of the Customer's Net Power into the Company's system under this Schedule shall be furnished solely
to the individual contracting Customer in a single enterprise,located entirely on a single,contiguous premise. Service hereunder shall be
restricted to the Net Capacity of the Customer's generating facilities which may be operated in parallel with the Company's system.
Service necessary to supply the Customer's total load requirements other than Auxiliary Load, and service necessary to supply the
Customer's Auxiliary Load when the Customer's generating facilities are not operating,shall be billed on the applicable schedule(s)of the
Company. Net Power delivered to the Company under this Schedule.shall not offset or be substituted for power contracted for or which
may be contracted for under any other schedule of the Company,except at the option of the Company under special terms and conditions
expressed in writing in the contract with the Customer.
The obligations of the Company in regard to service under this Schedule are dependent upon its securing and retaining all necessary
rights-of-way,privileges, franchises and.permits for such service and the Company shall not be liable to any customer or applicant for
power in the event it is delayed in,or is prevented from purchasing power by its failure to secure and retain such rights-of-way,rights,
privileges,franchises and permits.
TYPE OF SERVICE
Company will furnish 60 Hertz service through one metering point,at one delivery point, at one of the following approximate voltages,
where available,upon mutual agreement:
Single-phase,120/240 volts;or
3-phase,3-wire,240,480,4160, 12470,or 24940 volts,or
3-phase voltages other than the foregoing,but only at the Company's option,and provided that the size of the Customer's contract
warrants a substation solely to serve that Customer,and further provided that the Customer furnish suitable outdoor space on the premises
to accommodate a ground-type transformer installation,or substation,or a transformer vault built in accordance with the Company's
specifications.
The type of service under this Schedule shall be determined by the Company. Prospective customers shall ascertain the available voltage
by written inquiry of the Company before purchasing equipment.
RATE*(One of the following two Rate options shall apnly):
Option A
Administrative Charge $8.17 per month
Facilities Charge(if applicable—See Interconnetion Facilities Charge) $8.03 per month
•
interconnected to Distribution System: -
Fixed Long-Term Rate(a)
I. Capacity Credit Variable Rate 5 Years 10 Years(h) 15 Years(b)
a.All On-Peak Energy per On-Peak Month per kWh: 2.76 0 2.85 ¢ 2.99 ¢ 3.12 ¢
b.All On-Peak Energy per Off-Peak Month per kWh: 0.55 ¢ 0.56 0 0,59 ¢ 0.62 ¢
North Carolina Tenth Revised Leaf No.91
Effective for service on and atter August 26,2011
NCUC Docket No.E-100,Sub 127,Order dated July 27,2011
Page 1 old
--- -- 53
Duke Energy Carolinas,LLC Electricity No.4
North Carolina Tenth Revised Leaf No.91
Superseding North Carolina Ninth Revised Leaf No,91
SCHEDULE PP-N(NC)
NON-HYDROELECTRIC QUALIFYING FACILITIES
PURCHASED POWER
Variable Rate 5 Years 10 Years(b) 15 Years(b)
II. Energy Credit
a.All On-Peak Energy per Month per kWh: 5.11 ¢ 5.30 ¢ 6.11 ¢ 6.50 0
b.All Off-Peak Energy per Month per kWh: 3.98 0 4.07 0 4.46¢ 4.67¢
Interconnected to Transmission System:
Fixed Long-Term Rate(a)
I. Capacity Credit Variable Rate 5 Years 10 Years(b) 15 Years(b)
a.All On-Peak Energy per On-Peak Month per kWh: 2.69 0 2.78 ¢ 2.92 0 3.04 ¢
b.All On-Peak Energy per Off-Peak Month per kWh: 0.53 ¢ 0.55 ¢ 0.58 ¢ 0.60 0
U. Energy Credit
a.All On-Peak Energy per Month per kWh: 4.98 0 5.17 ¢ 5.95 ¢ 6.33 0
b.All Off-Peak Energy per Month per kWh: 3.89 0 3.98 0 4.36 0 4.56 ¢
Option B
Administrative Charge $ 8.17 per month
Facilities Charge(if applicable-See Interconnection Facilities Charge) $ 8.03 per month
Interconnected to Distribution System:
Fixed Lone-Term Rate(a)
I. Capacity Credit Variable Rate 5 Years 10 Years(b) 15 Years(b)
a.All On-Peak Energy per Summer Month per kWh: 9.70 0 10.01• ¢ 10.51 0 10.97 0
b.All On-Peak Energy per Non-Summer Month per kWh: 1.50 ¢ 1.55 0 1.63 0 1.70 ¢
II. Energy Credit
a.All On-Peak Energy per Month per kWh: 5.37 ¢ 5.54 0 6.36 ¢ 6.78 ¢
b.All Off-Peak Energy per Month per kWh: 4.29 ¢ 4.40 ¢ 4.94¢ 5.20 ¢
Interconnected to Transmission System: Fixed Long-Term Rate(a)
I. Capacity Credit Variable Rate 5 Years 10 Years(b) 15 Years(b)
a.All On-Peak Energy per Summer Month per kWh: 9.45 ¢ 9.76 0 10.25 ¢ 10.70 ¢
b.All On-Peak Energy per Non-Summer Month per kWh: 1.46 ¢ 1.51 ¢ 1.58 ¢ 1.66 0
IL Energy Credit
a.All On-Peak Energy per Month per kWh: 5.24 0 5.40 ¢ 6.20 0 6,61 0
b.All Off-Peak Energy per Month per kWh: 4.19 0 4.30 ¢ 4.83 ¢ 5.08 ¢
Notes: (a) The 10-Year and 15-Year Fixed Long-Term Rates are applicable only to those qualifying facilities which are non-
hydroelectric qualifying facilities fueled by trash or methane derived from landfills,hog waste,poultry waste,solar,wind,
and non-animal forms of biomass contracting to sell capacity and energy not in excess of five(5)megawatts.
(b) Contracts for the 10-Year and 15-Year Fixed Long-Term Rates are subject to a provision making the contract renewable for
subsequent terms) at the option of the Company on substantially the same terms and provisions and at a rate either(1)
mutually agreed upon by the parties negotiating in good faith and taking into consideration the Company's then avoided
cost rates and other relevant factors,or(2)set by arbitration.
*Unless otherwise specified in the Company's contract with the Customer,payment of credits under this Schedule do not convey to the
Company the right to renewable energy credits(RECs)associated with the energy delivered to the Company by the Customer.
North Carolina Tenth Revised Leaf No.91
Effective for service on and after August 26,2011
NCUC Docket No.E-100,Sub 127,Order dated July27,2011
Page 2 of 4
•- --^- 54
Duke Energy Carolinas,LLC Electricity No.4
North Carolina Tenth Revised Leaf No.91
Superseding North Carolina Ninth Revised Leaf No.91
SCHEDULE PP-N(NC)
NON-HYDROELECTRIC QUALIFYING FACILITIES
PURCHASED POWER
DEFINITIONS
Nameplate Capacity: The term"Nameplate Capacity"shall mean the maximum continuous electrical output capability of the generator(s)
at any time at a power factor of ninety percent(90%).
Net Capacity: The term"Net Capacity"shall mean the Nameplate Capacity of the Customer's generating facilities,less the portion of that
capacity needed to serve the generating facilities'Auxiliary Load.
Auxiliary Load: The term"Auxiliary Load"shall mean power used to operate,auxiliary equipment in the facility necessary for power
generation(such as pumps,blowers,fuel preparation machinery,and exciters).
Net Power: The term"Net Power"shall mean the total amount of electric power produced by the Customer's generating facilities less the
portion of that power used to supply the generating facilities'Auxiliary Load.
Month: The term"Month"as used in this Schedule means the period intervening between meter readings for the purposes of monthly
billing,such readings being taken once per month.
For Option A Rates,the On-Peak Months shall be the billing Months of June through September and December through March.
The Off-Peak Months shall be the billing Months of April,May,October and November.
For Option B Rates;the Summer Months arc the period from June I through September 30. The Non-Summer Months are the period
from October I through May 31.
DETERMINATION OF ON-PEAK AND OFF-PEAK ENERGY
On-Peak Energy shall be energy,in kilowatt-hours,which is supplied to the Company during On-Peak Period Hours. Of Peak Energy
shall be energy,in kilowatt-hours,which is supplied to the Company during the Off-Peak Period Hours.
For Option A Rates,the On-Peak Period Flours shall be those hours,Monday through Friday,beginning at 7 A.M.and ending at 11 P.M.
The Off.Peak Period Hours shall be all other weekday hours and all Saturday and Sunday hours.
For Option B Rates,the On-Peak Period Hours shall be those hours,Monday through Friday,beginning at 1 P.M.and ending at
9 P.M.during Summer Months,and beginning at 6 A.M.and ending at 1 P.M.during Non-Summer Months. The Off-Peak Period Hours
shall be all other weekday hours and all Saturday and Sunday hours. All hours for the following holidays shall be considered as Off-Peak:
New Year's Day, Memorial Day, Good Friday, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and
Christmas Day.
SAFETY,INTERCONNECTION AND INSPECTION REQUIREMENTS
This Schedule is only applicable for installed generation systems and equipment that comply with the provisions outlined in the North
Carolina Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Generator Interconnections (hereinafter
"Interconnection Procedures")as approved by the North Carolina Utilities Commission.
The Customer must submit an Interconnection Request,which must be accepted by the Company,pay an application fee,comply with the
liability insurance requirements of the Interconnection Procedures and enter into a specific contract providing for interconnection to the
Company's system.
In order to ensure protection of the Company's system, the Company reserves the right, at its discretion, to inspect the Customer's
generation system and equipment at any time upon reasonable notice to the Customer in an effort to ensure compliance with the
Interconnection Procedures The Company reserves the right to disconnect electric service to the premises if the Company determines that
the Customer's generation system and equipment is not in compliance with the Interconnection Procedures and is being operated in
parallel with the Company's system.
INTERCONNECTION FACILITIES CHARGE
The Customer shall be responsible for providing suitable control and protective devices on his equipment to assure no disturbance to other
customers of the Company or to the Company itself,and to protect the Customer's facilities from all loss or damage which could result
from operation with the Company's system.
North Carolina Tenth Revised Leaf No.91
Effective for service on and after August 26,2011
NCUC Docket No.E-100,Sub 127,Order dated July 27,2011,
Page 3 of 4
55
Duke Energy Carolinas,LLC Electricity No.4
North Carolina Tenth Revised Leaf No.91
Superseding North Carolina Ninth Revised Leaf No.91
SCHEDULE PP-N(NC)
NON-HYDROELECTRIC QUALIFYING FACILITIES
PURCHASED POWER
The Company will furnish, install,own, and maintain interconnection facilities as necessary for service under this Schedule including:
suitable control and protective devices installed on Company equipment to allow operation of the Customer's generating facilities;
metering facilities equipped to prevent reverse registration for the measurement of service under this Schedule; and any other
modifications to its system required to serve the Customer under this Schedule as determined by the Company.
All such facilities shall be subject to a monthly charge under the Extra Facilities provisions of the Company's Service Regulations
provided,however, that the minimum Extra Facilities charge shall not apply. The Company reserves the right to install at any time
facilities necessary for the appropriate measurement of service under this Schedule and to adjust the Interconnection Facilities Charge
accordingly,solely at the option of the Company.
When the installed generating system complies with the North Carolina Interconnection Procedures and no additional interconnection
facilities are required, the Facilities Charge shown in the Rate above will be applied to cover the cost of the Company's metering and
installation.
DETERMINATION OF CAPACITY CREDITS
Capacity Credits will be based on the energy,in kilowatt-hours,which is supplied to the Company during the On-Peak Period Hours of
the Month and will be applied to the Customer's bill in the appropriate Month.
Capacity Credits are available only to qualifying facilities classified as"new capacity"in accordance with the Federal Energy Regulatory
Commission's Order No. 69 in Docket No. RM79-55 and in accordance with the North Carolina Utilities Commission's Order dated
September 21, 1981 in Docket No.E-100,Sub 41.
POWER FACTOR CORRECTION
When the average Monthly power factor of the power supplied by the Customer to the Company is less than 90 percent or greater than 97
percent, the Company may correct the energy, in kilowatt-hours, as appropriate. The Company reserves the right to install facilities
necessary for the measurement of power factor and to adjust the Interconnection Facilities Charge accordingly,solely at the option of the
Company.
PAYMENTS
Credit billings to the Customer shall be payable to the Customer within fifteen(15)days of the date of the bill.
Bills under this Schedule arc due and payable on the date of the bill at the office of the Company. Bills are past due and delinquent on the
fifteenth day after the date of the bill. If any bill is not so paid,the Company has the right to suspend service. In addition,all bills not
paid by the twenty-fifth day after the date of the bill shall be subject to a one percent(1%)late payment charge on the unpaid amount.
This late payment charge shall be rendered on the following month's bill and it shall become part of and be due and payable with the bill
on which it is rendered.
CONTRACT PERIOD
Each Customer shall enter into a contract which shall specify the amount of capacity committed for delivery throughout the term of the
contract and shall specify one of the following as the initial term and associated rate: variable rate for five(5)years or fixed long-term
rate for five(5),ten(10)or fifteen(15)years. Following the initial term,the Variable Rate as from time to time amended by the North
Carolina Utilities Commission shall apply to all power purchased by the Company until superseded by a new contract.
The Company reserves the right to terminate the Customer's contract under this Schedule at any time upon written notice to the Customer
in the event that the Customer violates any of the terms or conditions of this Schedule or operates its generating facilities in a manner
which is detrimental to the Company or any of its Customers or fails to deliver energy to the Company for six(6)consecutive Months. In
the event of early termination of a contract under this Schedule,the Customer will be required to pay the Company for costs due to such
early termination.
North Carolina Tenth Revised Leaf No.91 .
Effective for service on and after August 26,2011
NCUC Docket No.E-100,Sub 127,Order dated July 27,2011
Page 4 of 4
56
Duke Energy Carolinas,LLC Electricity No.4
North Carolina Tenth Revised Leaf No.92
Superseding North Carolina Ninth Revised Leaf No.92
SCHEDULE PP-H(NC)
HYDROELECTRIC QUALIFYING FACILITIES
PURCHASED POWER
AVAILABILITY(North Carolina only)
Available only to establishments located in the Company's North Carolina service territory which have hydroelectric generating facilities
owned or operated by small power producers as defined in G.S. 62-3 (27a) contracting to sell generating capacity and energy not in
excess of five(5)megawatts which are interconnected directly with the Company's system and which are qualifying facilities as defined
by the Federal Energy Regulatory Commission pursuant to Section 210 of the Public Utility Regulatory Policies Act of 1978.
The Fixed Long-Term Rates on this Schedule are available only to Customers under contract with the Company on or before November
1,2012,for delivery of power beginning on or before the earlier of thirty(30)months from the date of execution of the contract or May I,
2015.
Notwithstanding the above,all qualifying facilities have the option to sell energy to the Company on an"as available"basis and receive
energy credits only calculated using the Variable Rates identified in this Schedule for the delivered energy.
This Schedule is not applicable to a qualifying facility owned by a Customer,or affiliate or partner of a Customer,who sells power to the
Company from another facility within one-half mile.
Service necessary for the delivery of the Customer's Net Power into the Company's system under this Schedule shall be furnished solely
to the individual contracting Customer in a single enterprise,located entirely on a single,contiguous premise. Service hereunder shall be
restricted to the Net Capacity of the Customer's generating facilities which may be operated in parallel with the Company's system.
Service necessary to supply the Customer's total load requirements other than Auxiliary Load, and service necessary to supply the
Customer's Auxiliary Load when the Customer's generating facilities are not operating,shall be billed on the applicable schedule(s)of
the Company. Net Power delivered to the Company under this Schedule shall not offset or be substituted for power contracted for or
which may be contracted for under any other schedule of the Company,except at the option of the Company under special terms and
conditions expressed in writing in the contract with the Customer.
The obligations of the Company in regard to service under this Schedule are dependent upon its securing and retaining all necessary
rights-of-way,privileges,franchises and permits for such service and the Company shall not be liable to any customer or applicant for
power in the event it is delayed in,or is prevented from purchasing power by its failure to secure and retain such rights-of-way,rights,.
privileges,franchises and permits.
TYPE OF SERVICE
Company will furnish 60 Hertz service through one metering point,at one delivery point,at one of the following approximate voltages,
where available,upon mutual agreement:
Single-phase,120/240 volts;or
3-phase,3-wire,240,480,4160, 12470,or 24940 volts,or
3-phase voltages other than the foregoing,but only at the Company's option,and provided that the size of the Customer's contract
warrants a substation solely to serve that Customer,and further provided that the Customer furnish suitable outdoor space on the
premises to accommodate a ground-type transformer installation,or substation,or a transfonner vault built in accordance with the
Company's specifications
The type of service under this Schedule shall be determined by the Company. Prospective customers shall ascertain the available voltage
by written inquiry of the Company before purchasing equipment.
RATE*(One of the following two Rate options shall apply):
Option A
Administrative Charge $8.17 per month
Facilities Charge(if applicable—See Interconnection Facilities Charge) $8.03 per month
Interconnected to Distribution System: Fixed Long-Term Rate(a)
1. Capacity Credit Variable Rate 5 Years l0 Years(a) 15 Years(a)
a.All On-Peak Energy per On-Peak Month per kWh:
i.Hydroelectric facilities with no storage capability 4.60¢ 4.75¢ 4.98¢ 5.20¢
and no other type generation
ii.for all other hydroelectric facilities 2.76¢ 2.85 0 2.99 0 3.12 0
North Carolina Tenth Revised Leaf No.92
Effective for service on and atter August 26,2011
NCUC Docket No.E-100,Sub 127,Order dated July 27,2011
57
Duke Energy Carolinas,LLC Electricity No.4
North Carolina Tenth Revised Leaf No.92
Superseding North Carolina Ninth Revised Leaf No.92
SCHEDULE PP-H(NC)
HYDROELECTRIC QUALIFYING FACILITIES
PURCHASED POWER
Variable Rate 5 Years 10 Years(a) 15 Years(a)
b.All On-Ptak Energy per Off-Peak Month per kWh:
i.Hydroelectric facilities with no storage capability 0.91 ¢ 0.94¢ 0,99¢ 1.03¢
and no other type generation
ii.for all other hydroelectric facilities 0.55 0 0.56¢ 0.59¢ 0.62 0
II. Energy Credit
a.All On-Peak Energy per Month per kWh: 5.11 0 5.30¢ 6.11 ¢ 6.50¢
b.All Off-Peak Energy per Month per kWh: 3.98¢ 4.07 0 4.46¢ 4.67 0
Interconnected to Transmission System: Fixed Long-Term Rate(a)
I. Capacity Credit Variable Rate 5 Years 10 Years(a) IS Years(a)
a.All On-Peak Energy per On-Peak Month per kWh:
i.Hydroelectric facilities with no storage capability 4.48¢ 4.63¢ 4.86¢ 5.07 0
and no other type generation
ii.for all other hydroelectric facilities 2.69¢ 2.78¢ 2.92 0 3.04¢
b.All On-Peak Energy per Off-Peak Month per kWh:
i.Hydroelectric facilities with no storage capability 0.89 0 0.91 ¢ 0.96¢ 1.00 0
and no other type generation
ii.for all other hydroelectric facilities 0.53 0 0.55 0 0.58 0 0.60¢
II. Energy Credit
a.All On-Peak Energy per Month per kWh: 4.98 0 5.17 0 5.95¢ 6.33¢
b:All Off-Peak Energy per Month per kWh: 3.89¢ 3.98¢ 4.36¢ 4.56¢
Option B
Administrative Charge $ 8.17 per month
Facilities Charge(if applicable-Sec Interconnection Facilities Charge) $ 8.03 per month
Interconnected to Distribution System:
Fixed Long-Term Rate(a)
I. Capacity Credit Variable Rate 5 Years 10 Years(a) 15 Years(a)
a.All On-Peak Energy per Summer Month per kWh:
1.Hydroelectric facilities with no storage capability 16.16¢ 16.68¢ 17.51 ¢ 18.28¢
and no other type generation
ii.for all other hydroelectric facilities 9.70¢ 10.01 ¢ 10.51 ¢ 10.97¢
b.All On-Peak Energy per Non-Summer Month per
kWh:
1.Hydroelectric facilities with no storage capability 2.50 0 2.58¢ 2.71 ¢ 2.83¢
and no other type generation
ii.for all other hydroelectric facilities 1.50¢ 1.55 0 1.63¢ 1.70¢
H. Energy Credit
a.Ail On-Peak Energy per Month per kWh: 5.37 0 5.54¢ 6.36¢ 6.78¢
b.All Off-Peak Energy per Month per kWh: 4.29¢ 4.40¢ 4.94 0 5.20¢
Interconnected to Transmission System:
Fixed Long-Term Rate(a)
I. Capacity Credit Variable Rate 5 Years 10 Years(a) 15 Years(a)
a.All On-Peak Energy per Month per kWh:
i.Hydroelectric facilities with no storage capability 15.76 0 16.26¢ 17.07¢ 17.83¢
and no other type generation
ii.for all other hydroelectric facilities 9.45¢ 9.76¢ 10.25 0 10.70¢
b.All On-Peak Energy per Non-Summer Month per kWh:
i.Hydroelectric facilities with no storage capability 2.44¢ 2.52¢ 2.64¢ 2.76¢
and no other type generation
ii.for all other hydroelectric facilities 1.46¢ 1.5I 0 1.58¢ 1.66¢
North Carolina Tenth Revised Leaf No.92
Effective for service on and after August 26,2011
NCUC Docket No.E-I 00,Sub 127,Order dated July 27,2011
58
Duke Energy Carolinas,LLC Electricity No.4
North Carolina Tenth Revised Leaf No.92
Superseding North Carolina Ninth Revised Leaf No.92
SCHEDULE PP-H(NC)
HYDROELECTRIC QUALIFYING FACILITIES
PURCHASED POWER
II. Energy Credit Variable Rate 5 Years 10 Years(a) 15 Years(a)
a.All On-Peak Energy per Month per kWh: 5.24¢ 5.40 0 6.20 0 6.61 >t
b.All Off-Peak Energy per Month per kWh: 4.19 F 4.30 0 4.83 0 5.08 0
Notes:(a) Contracts for the 10-Year and 15-Year Fixed Long-Term Rates are subject to a provision making the contract renewable
for subsequent term(s)at the option of the Company on substantially the same terms and provisions and at a rate either
(1) mutually agreed upon by the parties negotiating in good faith and taking into consideration the Company's then
avoided cost rates and other relevant factors,or(2)set by arbitration.
* Unless otherwise specified in the Company's contract with the Customer,payment of credits under this Schedule do not convey to the
Company the right to renewable energy credits(RECs)associated with the energy delivered to the Company by the Customer.
DEFINITIONS'
Nameplate Capacity: The term"Nameplate Capacity"shall mean the maximum continuous electrical output capability of the generator(s)
at any time at a power factor of ninety percent(90%).
Net Capacity: The term"Net Capacity"shall mean the Nameplate Capacity of the Customer's generating facilities, less the portion of
that capacity needed to serve the generating facilities'Auxiliary Load.
Auxiliary Load: The term"Auxiliary Load"shall mean power used to operate auxiliary equipment in the facility necessary for power
generation(such as pumps,blowers,fuel preparation machinery,and exciters).
Net Power: The term"Net Power"shall mean the total amount of electric power produced by the Customer's generating facilities less the
portion of that power used to supply the generating facilities'Auxiliary Load.
Month: The term'Month"as used in this Schedule means the period intervening between meter readings for the purposes of monthly
billing,such readings being taken once per month.
For Option A Rates,the On-Peak Months shall be the billing Months of June through September and December through March. The Off-
Peak Months shall be the billing Months of April,May,October and November.
For Option B Rates,the Summer Months are the period from June 1 through September 30. The Non-Summer Months are the period
from October 1 through May 31.
DETERMINATION OF ON-PEAK AND OFF-PEAK ENERGY
On-Peak Energy shall be energy, in kilowatt-hours,which is supplied to the Company during On-Peak Period Hours. Off-Peak Energy
shall be energy,in kilowatt-hours,which is supplied to the Company during the Ott Peak Period Hours.
For Option A Rates,the On-Peak Period Hours shall be those hours,Monday through Friday,beginning at 7 A.M.and ending at 11 P.M.
The Off-Peak Period Flours shall be all other weekday hours and all Saturday and Sunday hours.
For Option B Rates,the On-Peak Period Hours shall he those hours,Monday through Friday,beginning at 1 P.M.and ending at 9 P.M.
during Summer Months,and beginning at 6 A.M.and ending at 1 P.M.during Non-Summer Months. The Off-Peak Period Hours shall
be all other weekday hours and all Saturday and Sunday hours. All hours for the following holidays shall be considered as Off-Peak:
New Year's Day, Memorial Day, Good Friday, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and
Christmas Day.
SAFETY.INTERCONNECTION AND INSPECTION REOUIREMENTS
This Schedule is only applicable for installed generation systems and equipment that comply with the provisions outlined in the North
Carolina Interconnection Procedures, Forms, and Agreements for State-Jurisdictional Generator Interconnections (hereinafter
"Interconnection Procedures")as approved by the North Carolina Utilities Commission.
The Customer must submit an Interconnection Request,which must be accepted by the Company,pay an application fee,comply with the
liability insurance requirements of the Interconnection Procedures and enter into a specific contract providing for interconnection to the
Company's system.
In order to ensure protection of the Company's system, the Company reserves the right, at its discretion, to inspect the Customer's
generation system and equipment at any time upon reasonable notice to the Customer in an effort to ensure compliance with the
North Carolina Tenth Revised Leaf No.92
Effective for service on and after August 26,2011
NCUC Docket No.E-100,Sub 127,Order dated July 27,2011
59
Duke Energy Carolinas,LLC Electricity No.4
North Carolina Tenth Revised Leaf No.92
Superseding North Carolina Ninth Revised Leaf No.92
SCHEDULE PP-H(NC)
HYDROELECTRIC QUALIFYING FACILITIES
PURCHASED POWER
Interconnection Procedures. The Company reserves the right to disconnect electric service to the premises if the Company determines
that the Customer's generation system and equipment is not in compliance with the Interconnection Procedures and is being operated in
parallel with the Company's system.
INTERCONNECTION FACILITIES CHARGE
The Customer shall be responsible for providing suitable control and protective devices on his equipment to assure no disturbance to
other customers of the Company or to the Company itself,and to protect the Customer's facilities from all loss or damage which could
result from operation with the Company's system.
The Company will furnish, install,own,and maintain interconnection facilities as necessary for service under this Schedule including:
suitable control and protective devices installed on Company equipment to allow operation of the Customer's generating facilities(see
exception below);metering facilities equipped to prevent reverse registration for the measurement of service under this Schedule;and any
other modifications to its system required to serve the Customer under this Schedule as determined by the Company.
All such facilities shall be subject to a monthly charge under the Extra Facilities provisions of the Company's Service Regulations,
provided, however, that the minimum Extra Facilities charge shall not apply. The Company reserves the right to install at any time
facilities necessary for the appropriate measurement of service under this Schedule and to adjust the Interconnection Facilities Charge
accordingly,solely at the option of the Company.
When the installed generating system complies with the North Carolina Interconnection Procedures and no additional interconnection
facilities are required,the Facilities Charge shown in the Rate above will be applied to cover the cost of the Company's metering and
installation.
DETERMINATION OF CAPACITY CREDITS
Capacity Credits will be based on the energy,in kilowatt-hours,which is supplied to the Company during the On-Peak Period Hours of
the Month and will be applied to the Customer's bill in the appropriate Month.
Capacity Credits are available only to qualifying facilities classified as"new capacity"in accordance with the Federal Energy Regulatory
Commission's Order No. 69 in Docket No. RM79-55 and in accordance with the North Carolina Utilities Commission's Order dated
September 21, 1981 in Docket No.E-100,Sub 41.
POWER FACTOR CORRECTION
When the average Monthly power factor of the power supplied by the Customer to the Company is less than 90 percent or greater than 97
percent, the Company may correct the energy, in kilowatt-hours, as appropriate. The Company reserves the right to install facilities
necessary for the measurement of power factor and to adjust the Interconnection Facilities Charge accordingly,solely at the option of the
Company.
PAYMENTS
Credit billings to the Customer shall be payable to the Customer within fifteen(15)days of the date of the bill.
Bills under this Schedule are due and payable on the date of the bill at the office of the Company. Bills are past due and delinquent on the
fifteenth day after the date of the bill. If any bill is not so paid,the Company has the right to suspend service. In addition,all bills not
paid by the twenty-fifth day after the date of the bill shall be subject to a one percent(1%)late payment charge on the unpaid amount.
This late payment charge shall be rendered on the following month's bill and it shall become part of and be due and payable with the bill
on which it is rendered.
CONTRACT PERIOD
Each Customer shall enter into a contract which shall specify the amount of capacity committed for delivery throughout the term of the
contract and shall specify one of the following as the initial term and associated rate: variable rate for five(5)years or fixed long-term
rate for five(5),ten(10)or fifteen(15)years. Following the initial term,the Variable Rate as from time to time amended by the North
Carolina Utilities Commission shall apply to all power purchased by the Company until superseded by a new contract.
The Company reserves the right to terminate the Customer's contract under this Schedule at any time upon written notice to the Customer
in the event that the Customer violates any of the terms or conditions of this Schedule or operates its generating facilities in a manner
which is detrimental to the Company or any of its Customers or fails to deliver energy to the Company for six(6)consecutive months. In
the event of early termination of a contract under this Schedule,the Customer will be required to pay the Company for costs due to such early
termination.
North Carolina Tenth Revised Leaf No.92
Effective for service on and after August 26,2011
NCUC Docket No.E-100,Sub 127,Order dated July 27,2011
60
Standard Fonn Contract-Schedule PP-H(NCyPP-N(NC) •NCUC Docket No.E-100,Sub 127
(Revised November 1,2010)
•
r PURCHASED POWER AGREEMENT
between
•
DUKE ENERGY CAROLINAS,LLC
and •
SUPPLIER NAME
"Facility Name"
Contract Number: •
Contract Date:
•
•
Initial Delivery Date:
61
•
NC STANDARD PPA.DOC(Revised November 1,2010) NCUC Docket No.E-100,Sub.127
1 PURCHASED POWER AGREEMENT
2
3 THIS PURCHASED POWER AGREEMENT("Agreement")is made
4 this di day of ,20 ,by and between
5
- 6
7 DUKE ENERGY CAROLINAS,LLC,
8
9
10. a North Carolina Limited Liability Company("Company"),and
11
12
13 SUPPLIER NAME,
14
15 ("Supplier"or"Customer"),for the
16
17 "Facility Name,"
18
19 which is or will be a qualifying facility as defined by the Federal Energy Regulatory Commission
20 ("FERC")pursuant to Section 210 of the Public Utility Regulatory Policies Act of 1978, consisting
21 of , (the "Facility"), located at
22
23
24 (Hereinafter,the parties are also referred to individually as"Party"and collectively as"Parties").
25
26 In consideration of the mutual covenants herein contained, the Parties hereto, for themselves, their
27 successors and assigns,do hereby agree to the following:
28
29 1. Service Requirements.
30
31 1.1 The Supplier shall sell and deliver exclusively to the Company all of the electric power
32 generated by the Facility, net of the Facility's own auxiliary electrical requirements, and the
33 Company shall purchase,receive,use and pay for the same,subject to the conditions contained
34 in this Agreement. If the Supplier will receive back-up and maintenance power for the
35 Facility's auxiliary electrical requirements from the Company,such power shall be provided to
36 Supplier pursuant to a separate electric service agreement under the Company's rate schedule
37 appropriate for such service.
38
39 1.2 The electric power to be delivered hereunder shall be phase,alternating,at a frequency
40 of approximately sixty(60)hertz,and at approximately volts.
41
42 1.3 Delivery of said power shall be made in County at or near
43 , North Carolina at a delivery point described as follows:
44
45
46
• Page 1 of 12
62
is
c_.
NC STANDARD PPA.DOC(Revised November 1,2010) NCUC Docket No.E-100,Sub.127
1 1.4 (a) The Nameplate Capacity of the Supplier's generating facilities, as defimed in the attached
2 Schedule PP-___(NC) is kilowatts, consisting of
3
• 4
5 (b) The Supplier shall deliver to the Company throughout the term of the Agreement
6 approximately kilowatts during On-Peak Periods as its"Capacity Commitment"
7 as defined in Paragraph 1.4(c)below.
8
9 (c) The "Capacity Commitment" shall be the average capacity in kilowatts the Supplier
r; 10 commits to deliver to the Company during On-Peak Periods through the term of the
11 Agreement taking into account scheduled and forced outages, fuel availability, steam
12 requirements and any other conditions which might impact the average capacity during On-
13 Peak Hours.
14
15 (d) The maximum amount of electric power to be delivered by Supplier to the Company under
16 this Agreement shall be kilowatts.
•
17
18 1.5 The Company will install and own such meter(s) as shall be necessary to measure and record
19 the electrical energy and demand(s) delivered and received in accordance with the terms and
20 conditions of this Agreement, such meter(s) to be located:
21
22
23 1.6 Supplier shall provide to the Company, on a monthly basis within ten(10) days of the meter
24 reading date and in form to be mutually agreed upon by the Parties, information on the
25 Facility's fuel costs (coal, oil natural gas, supplemental firing, etc.), if any, for the power
26 delivered to the Company during the preceding month's billing period.
• 27
28 1.7 Supplier shall operate its Facility in compliance with all applicable operating guidelines
29 established by the North American Electric Reliability Council ("NERC") and the
30 Southeastern Electric Reliability Council("SERC")or any successor thereto.
31
32 1.8 In the event the Company determines, based on calculations, studies, analyses, monitoring,
• 33 measurement or observation, that the output of the Facility will cause or is causing the
34 , Company to be unable to provide proper voltage levels to its customers,the Supplier shall be
35 required to comply with a voltage schedule and/or reactive power output schedule as
• 36 prescribed by the Company. In the event such schedules are required by the Company, the
37 POWER FACTOR CORRECTION paragraph of Schedule PP-N(NC) attached hereto shall
• 38 not apply to service under this Agreement. .If the Supplier fails to comply with such
39 schedule(s), the Company shall have the right to discontinue service and suspend purchases
40 until the Supplier is in compliance.
41
42 2. Rate Schedule and Service Regulations. The sale, delivery, and use of electric power
43 hereunder, and all services of whatever type to be rendered or performed in connection
44 therewith,shall in all respects be subject to and in accordance with all the terms and conditions
45 of the Company's Rate Schedule PP- Electricity No. 4, North Carolina Revised
46 Lcaf No. [91][92], Option [A][B], [Distribution][Transmission] Interconnection,
47 [Variable][5,10,or 15 Year Fixed]Rate,("Rate Schedule")and its Service Regulations,both
Page 2 of 12
63
•
NC STANDARD PPA.DQC-(Revised November 1,2010) NCUC Docket No.E-100.Sub.127
1 of which are now on file with the North Carolina Utilities Commission ("Commission"), and
2 are hereby incorporated by reference and made a part hereof as though fully set forth herein.
3 Said Rate Schedule and Service Regulations are subject to change, revision, alteration or
4 substitution, either in whole or in part,upon order of said Commission or any other regulatory
5 authority having jurisdiction, and any such change, revision, alteration or substitution shall
6 immediately be made a part hereof as though fully written herein, and shall nullify any prior
7 provision in conflict therewith.
8
9 3. Initial Delivery Date.
10
11 3.1 The Initial Delivery Date shall be the first date upon which energy is generated by the Facility
12 and delivered to the Company, and such energy is metered by the Company. The Initial
13 Delivery Date under this Agreement is ,20
14
15 3.2 Subject to the provisions of Paragraph 3.4 hereof, if the Initial Delivery Date does not occur
16 within thirty (30) months from the date of execution of this Agreement, then the,Company
17 may at any time thereafter terminate this Agreement immediately upon written notice to
18 Supplier,
19
20 3.3 The initial delivery of electric power is dependent upon the Company securing from the
21 manufacturers all necessary apparatus, equipment and material for the delivery of said power,
22 and the Company shall not be required to receive said power until it shall have secured and
23 installed such equipment,apparatus and material.
24
25 3.4 If either Party shall be delayed or prevented from delivering or receiving electric power on the
26 Initial Delivery Date by reason of an event or condition of force majeure as defined in
27 Paragraph 7 hereof,then the Initial Delivery Date and the beginning of Supplier's obligation to
28 pay Interconnection Facilities Charges pursuant to Paragraph 5.3 hereof shall be extended for a
29 period proportionate to such delay or prevention.
30
31 4. Term. The term of this Agreement shall be years beginning with the Initial Delivery
32 Date, continuing thereafter until terminated by either Party upon giving at least ninety (90)
33 days' prior written notice of such termination. The Company shall have the right of
34 termination provided in the attached Rate Schedule. In the event of early termination of this
35 agreement, the Supplier shall be required to pay the Company for costs due to such early
36 termination.
37
38 (Continuation of Paragraph 4 applicable to all contracts on 10 and 15-year rates only.)
39 This Agreement shall be renewable for subsequent•term(s) at the option of the Company on
40 substantially the same terms and provisions, and at a rate either (1) mutually agreed upon by
41 the Parties negotiating in good faith and taking into consideration the Company's then avoided
42 cost rate and other relevant factors,or(2)set by arbitration.
43
44
45
46 (Continuation of Paragraph 4 applicable to all contracts on 5; 10 and 15 year rates.)
Page 3 of 12
64
NC STANDARD PPA.DOC(Revised November 1,2010) NCUC Docket No.E-100,Sub.127
1 In the event that this contract is terminated by either Party prior to the expiration of the initial
2 term the Supplier will reimburse the Company for the total energy and capacity credits
3 received in excess of that which would have been received under variable rates,plus interest at
4 the rate of %per annum until repaid.
5
6 5. Interconnection Facilities Charge.
7
8 5.1 (a) In accordance with the provisions of the attached Rate Schedule, the Company will
9 furnish, install, own and maintain Interconnection Facilities, including protective devices,
10 metering equipment, etc. to permit parallel operation of the Supplier's facilities with the
11 Company's system. The Interconnection Facilities Charge, calculated in accordance with the
12 Extra Facilities Provisions of the Company's Service Regulations, to be paid by the Supplier
13 each month shall be $ , which is 1.7% of the installed cost of said Interconnection
14 Facilities,which amount is$ • [Metering shall be provided using the separately stated
15 Facilities Charge on Rate Schedule PP-__(NC)].
16
17 (b) The costs and charges set forth above shall be determined no later than twelve(12)months
18 prior to the installation of the Interconnection Facilities to reflect then current costs,conditions,
19 and service requirements.
20
21 5.2 The monthly charge for the Interconnection Facilities to be provided under this Agreement is
22 subject to the rates, Service Regulations and conditions of'the Company as the same are now
23 on file with the Commission and may be changed or modified from time to time upon approval
24 by the Commission. Any such changes or modifications, including those which may result in
25 increased charges for the Interconnection Facilities to be provided by the Company, shall be
26 made a part of this Agreement to the same effect as if fully set forth herein. '
27
28 5.3 The Company shall furnish and install the Interconnection Facilities no later than the date
29 requested by Supplier for such installation. Supplier's obligation to pay the Interconnection
30 Facilities charges shall begin on the date that such Interconnection Facilities become
31 operational, except as provided in Paragraph 3.4 hereof, and such charges shall apply at all
32 times thereafter during the term of this Agreement, whether or not Supplier is actually
33 supplying electric power to the Company.
34
35 5.4 The Interconnection Facilities under this agreement are only applicable for systems that
36 comply with the North Carolina Interconnection Procedures, Forms, And Agreements For
37 State-Jurisdictional Generator Interconnections(Interconnection Standard), which include
38 requirements for compliance with the following:
39
40 1. The Institute of Electrical and Electronics Engineers (IEEE) P929 — "Recommended
41 Practice for Utility Interface of Photovoltaic Systems" (latest edition); and IEEE 1547
42 "Standard for Interconnecting Distributed Resources with Electric Power Systems", latest
43 published edition.
44
45 2. Underwriters Laboratories (UL) 1741 — "Standard for Static Inverters and Charge
46 Controllers for use in Photovoltaic Power Systems."(latest edition)
47
Page 4 of 12
65
NC STANDARD PPA.DOC(Revised iNovember 1.2010) NCUC Docket No.E-100.Sub.127
1 3. NFPA70 — National Electrical Code (NEC), and all applicable local codes (latest
2 editions) In order to ensure protection of the Company's system, the Company reserves
3 the right,at its discretion,to inspect the Customer's photovoltaic system at any time upon
4 reasonable notice to the Customer in an effort to ensure compliance with the
5 Interconnection Standard. The Company reserves the right to disconnect electric service
6 to any premises if the Company determines that the photovoltaic system is not in
7 compliance with the Interconnection Standard and is being operated in parallel with the
8 Company's system.
9
10 The Customer must submit an Interconnection Request which must be accepted by the
11 Company, The Customer shall be responsible for providing suitable control and protective
12 devices on its equipment to assure no disturbance to other customers of the Company or to
13 the Company itself, and to protect the Customer's facilities and the Company's facilities
14 from all loss or damage which could result from operation in parallel with the Company's
15 system.The Customer shall be responsible for any costs incurred by the Company pursuant
16 to the Interconnection Standard. The Company reserves the right to require additional
17 interconnection facilities, furnished, installed, owned and maintained by the Company, at
18 the Customer's expense, if•the Customer's photovoltaic system, despite compliance with
19 the Interconnection Standard,causes safety,reliability or power quality problems.
20
21 The Customer shall obtain and retain, for as long as the photovoltaic system is
22 interconnected with the Company's system, a [homeowner's][comprehensive general
23 liability] insurance policy with liability coverage in the amount of at least
24 [$100,000][ 300,000] per occurrence which protects the Customer from claims for bodily
25 injury and / or property damage. This insurance shall be primary for all purposes. The
26 Customer shall provide certificates evidencing this coverage as required by the Company. '
27 The Company reserves the right to refuse to establish, or continue the interconnection of
-28 the Customer's photovoltaic system with the Company's system,if such insurance is not in
29 effect.
30
31 6. Service Interruptions. The Parties do not guarantee continuous service. They shall use
32 reasonable diligence at all times to provide satisfactory service, and to remove the cause or
33 causes in the event of failure,interruption,reduction or suspension of service,but neither Party
34 shall be liable for any loss or damage resulting from such failure, interruption, reduction or
35 suspension of service,nor shall same be a default hereunder,when due to any of the following:
36
37 (a) An emergency action due to an adverse.condition or disturbance on the system of the
38 Company, or on any other system directly or indirectly interconnected with it,which requires
39 automatic or manual interruption of the supply of electricity to some customers or areas in
40 -order to limit the extent or damage of the adverse condition or disturbance, or to prevent
41 damage to generating or transmission facilities, or to expedite restoration of service, or to
42 effect a reduction in service to compensate for an emergency condition on an interconnected
43 system.
44
45 (b) An event or condition of force majeure as defined in Paragraph 7 hereof.
46
Page 5 of 12
66
NC STANDARD PPA.DOC(Revised November 1,2010) NCUC Docket No.E-100.Sub.127
1 (c) Making necessary adjustments to, changes in, or repairs on Company lines, substations,
2 and facilities, and in cases where, in its opinion, the continuance of service from Supplier's
3 premises would endanger persons or property.
4
5 7. Force Majeure.
6
7 (a) Circumstances beyond the reasonable control of a Party which solely cause that Party to
8 experience delay or failure in delivering or receiving electricity or in providing continuous
9 service hereunder, including: acts of God; unusually severe weather conditions; earthquake;
10 strikes or other labor difficulties; war;riots; fire;requirements,actions or failures to act on the
11 part of governmental authorities(including the adoption or change in any rule or regulation or
12 environmental constraints lawfully imposed by federal, state or local government bodies),but
13 only if such requirements, actions or failures to act prevent or delay performance; or
14 transportation delays or accidents shall be deemed to be "events or conditions of force
15 majeure". Events or conditions of force majeure do not include such circumstances which
16 merely affect the cost of operating the Facility.
17
18 (b) Neither Party shall be responsible nor liable for any delay or failure in its performance
19 hereunder due solely to events or conditions of force majeure,provided that:
20
21 (i) The affected Party gives the other Party written notice describing the particulars of the
22 event or condition of force majeure, such notice to be provided within forty-eight (48)
23 hours of the determination by the affected Party that an event or condition of force majeure
24 has occurred, but in no event later than thirty(30) days from the date of the occurrence of
25 the event or condition of force•majeure;
26
27 (ii) The delay or failure of performance is of no longer duration and of no greater scope
28 than is required by the event or condition of force maj cure,provided that in no event shall
29 such delay or failure of performance extend beyond a period of twelve(12)months;
30
31 (iii) The affected Party uses its best efforts to remedy its inability to perform;
32
33 (iv) When the affected Party is able to resume performance of its obligations under this
34 Agreement,that Party shall give the other Party prompt written notice to that effect;and,
35
36 (v) The event or condition of force majeure was not caused by or connected with any
37 negligent or intentional acts, errors, or omissions, or failure to comply with any law, rule,
38 regulation,order or ordinance,or any breach or default of this Agreement.
39
40 8. Offset For Charges Due to Company. The Company reserves the right to set off against any
41 amounts due from the Company to Supplier, any amounts which are due from Supplier to the
42 Company, including, but not limited to, unpaid charges.for Interconnection Facilities or past
43 due balances on any accounts Supplier has with the Company for other services.
44
45 9. Records. In addition to the regular meter readings to be taken once each month for billing
46 purposes, the Company may require additional meter readings, records, transfer of
47 information, etc. as may be agreed upon by the Parties. The Company reserves the right to
Page 6 of 12
67
NC STANDARD PPA.DOC(Revised November 1,2010) NCUC Docket No.E-100,Sub.127
i I provide to the Commission or the FERC or any other regulatory body, upon request,
2 information pertaining to this Agreement, including but not limited to: records of the
3 Facility's generation output and the Company's purchases thereof (including copies of
4 monthly statements of power purchases and data from load recorders and telemetering
5 installed at the Facility); copies of this Agreement; and information regarding the
6 Interconnection Facilities, as set forth in Paragraph 5 hereof. The Company will not provide
7 any information developed solely by Supplier and designated by Supplier in writing to be
• 8 `proprietary"unless required to do so by order of the Commission or,the FERC or any other
• 9 regulatory body or court,in which event,the Company will notify Supplier prior to supplying
10 the proprietary information,
i • 11
12 10. Waiver. The failure of either Party to enforce or insist upon compliance with any of the terms
• 13 or conditions of this Agreement shall not constitute a waiver or relinquishment of any such
14 terms or conditions,but the same shall be and remain at all times in full force and effect.
15
'•''': 16 11. Assignment. The rights and obligations accruing to the Supplier under this Agreement may be
17 assigned to another person,partnership,or corporation,subject to the Company's prior
18 . approval of the assignment of said person,firm,or corporation;which approval shall not be
19 unreasonably or arbitrarily withheld. However,before such rights and obligations are
20 assigned,the assignee must first obtain necessary approval from all regulatory bodies
21 including,but not limited to,the Commission.
22 12. Notification of Assignment,Transfer or Sale. In the event of an assignment of the rights and
23 obligations accruing to the Supplier under this Agreement pursuant to Paragraph 11 hereof, or
• 24 in the event of any contemplated sale,transfer or assignment of the Facility or the Certificate
• 25 of Public Convenience and Necessity,the Supplier shall,in addition to obtaining the approvals
26 required by Paragraph 13 hereof, advise the Company and the Commission of any plans for
27 such an assignment, sale or transfer, or of any accompanying significant changes in the
28 information required by Commission Rules R8-64 and R8-65, all as more fully set forth in
• 29 Commission Rules R8-64 and R8-65,as amended,which are incorporated by reference herein.
30
• 31 13. Regulatory Approval. This entire Agreement is contingent upon the Supplier's obtaining
32 required approval from all regulatory bodies including, but not limited to, a Certificate of
33 Public Convenience and Necessity or its equivalent from the Commission. The Parties hereto
34 agree that performance under this Agreement shall not commence unless and until such
35 approvals are obtained. If at any time during the term of this Agreement any of such required
36 approvals expire, are withdrawn, are revoked or for any reason become invalid,the Company
37 shall allow the Supplier a reasonable period to cure the problem before giving notice of
• 38 termination of this Agreement.
(Continued on page 12)
Page 7 of 12
68
NC STANDARD PPADOC(Revised November 1,2010) NCUC Docket No.E-100,Sub.127
(Insert Purchase Power Schedule Here)
Staff Note - the applicant
did not provide pages 9 or
10 to the Planning Board.
Page 8 of 12
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NC STANDARD PPA.DOC(Revised-November 1.2010) NCUC Docket No.E-100.Sub. 127
IN WITNESS WHEREOF, on the day and year first above written, the Parties hereto have
caused their official names to be hereunto subscribed by their respective Presidents, Vice
Presidents or Authorized Representatives.Executed in Duplicate.
DUKE ENERGY CAROLINAS,LLC
By
Vice President
SUPPLIER NAME
By
Print
Tax Id Number
NOT FOR SIGNATURE
•
Page 12 of 12
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CERTIFICATE OF SERVICE
I certify that a copy of Duke Energy Carolinas, LLC's Schedule PP(N), PP(H), and
Standard Contract in Docket No. E-100, Sub 127 has been served by electronic mail (e-mail),
hand delivery or by depositing a copy in the United States Mail, first class postage prepaid,
properly addressed to parties of record.
This the 16th day of August, 2011.
i� roie/tAiS
Ke drick Fentress
Associate General Counsel
Duke Energy Carolinas, LLC
3700 Glenwood Ave, Suite 330
Raleigh,NC 27612
919.784.8453
Kendrick.fentress n,duke-energy.com
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Attachment 3
EXCERPTS OF MINUTES
APPROVED 8/21/2012
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING
May 29, 2012
7:00 P.M.
The Orange County Board of Commissioners and the Orange County Planning Board
met for a Quarterly Public Hearing on Tuesday, May 29, 2012 at 7:00 p.m. at DSS Offices,
Hillsborough Commons, Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners Alice
Gordon, Barry Jacobs, Valerie Foushee, Pam Hemminger, Earl McKee, and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEY PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager
Michael Talbert, and Deputy Clerk to the Board David Hunt (All other staff members will be
identified appropriately below)
PLANNING BOARD MEMBERS PRESENT:, Vice Chair Larry Wright, Pete Hallenbeck, Mark
Marcoplos, H.T. "Buddy Hartley", Andrea Rohrbacher, Lisa Stuckey, Maxecine Mitchell, and
Tony Blake
PLANNING BOARD MEMBERS ABSENT: Chair Brian L. Crawford, Rachel Phelps Hawkins,
Alan Campbell, and Johnny Randall
Chair Pelissier called the meeting to order at 7:04:05 PM.
4. Class A Special Use Permit - To review and application for a Class A Special Use
Permit to develop a solar array/public utility station on 46 acres of a 122 acre parcel of property
located off of White Cross Road.
Michael Harvey presented this item.
The Deputy Clerk to the Board David Hunt swore in all of the parties that would speak to
this item.
CLASS A SPECIAL USE PERMIT
DEVELOPMENT OF A PUBLIC UTILITY— SOLAR ARRAY
PROPERTY INFORMATION
• PIN(s): 9748-34-9639.
• Size: 122 acres. Strata Solar is proposing to lease approximately 53 acres of the
property.
• Zoning : Agricultural Residential (AR). A portion of the property, is located within the
Haw River Protected Watershed Overlay District.
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• Future Land Use Map Designation: Agricultural Residential
• Growth Management System Designation: Rural
Michael Harvey: The portion of the property north of the proposed development is not located
in a protected or critical watershed overlay district, meaning that there are no impervious
surface requirements. However, the applicant will be required to maintain identified and
protected stream buffers and will be required to submit a detailed erosion control and
stormwater management plans as currently required by the Unified Development Ordinance and
State law.
REQUEST:
• Erect approximately 960 individual solar array panels on a 53 acre portion of the subject
property.
• Typical array is 7 feet in height, with approximately 2 feet of ground clearance, and 47
feet in length.
• Arrays will be screened by existing vegetation and a 6 foot high chain link security fence,
topped with 3 strand barbed wire, shall enclose the perimeter of the array to prevent
access.
• Gravel paths/drives will be installed around these arrays in order to permit access by
Strata Solar technicians to service the panels. In certain areas there will be natural,
grass, paths depending on soil.
• Vehicular access to the site is restricted by a 24 foot access gate off of White Cross
Road.
• An overhead, medium voltage, power line will be installed on the north of the identified
leased area, adjacent to the existing mobile home park, allowing the proposed facility to
tie into the power grid.
SITE PLAN:
Michael Harvey: This is the copy of the site plan. Very quickly what I would like to do is sort of
identify, here are the individual arrays that we talked about (staff identified the arrays on a map).
This is an existing identified stream, and you will note from your abstract, Attachment 3, under
staff comments, we do have what is known as a Surface Water Identification where Orange
County Erosion Control staff have gone out and verified the location of the stream. Strata Solar
personnel have gone out and verified the location of the stream on the site plan, and the site
plan denotes the required stream buffer as detailed within Article 6 of our zoning, excuse me our
Unified Development Ordinance that will have to be left in a natural state. You will also note
that the site plan delineates required landscaped areas per the Unified Development Ordinance.
They are using what we is defined within Article 6 known as the Overhead Utility Option
landscape standard that would allow smaller trees in order to ensure that a taller tree would not
cast a shadow on the array, rendering it virtually useless. The site will be buffered, however, so
that it will not be visible from White Cross Road, but the trees will be managed so that they don't
interfere with the natural operation of the proposed array.
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REQUIRED REVIEW:
Project involves the review of a Class A Special Use Permit in accordance with the provisions of
Section 2.7 of the UDO.
• Decision is based on sworn testimony from applicant, supporters, and detractors
• Applicant bears the burden of proving compliance with the UDO
• Those in opposition to the project are required to submit evidence demonstrating project
does not comply.
STAFF INITIAL REVIEW:
• Applicant has submitted all documentation required for the review of a proposed utility
(i.e. required by Section 5.9.3)
• Applicant has submitted required documentation for a Class A Special Use Permit (i.e.
required by Section 2.7.3)
• There are policies within the Comprehensive Plan lending credence to the viability of the
proposal
RECOMMENDATION:
1. Receive the application,
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
3. Refer the matter to the Planning Board with a request that a recommendation be
returned to the County Board of Commissioners in time for the September 18, 2012
BOCC regular meeting.
4. Adjourn the public hearing until September 18, 2012 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Beth Trehos: Manager and members of the County Commissioners, Mr. Vice Chair and
members of the Planning Board, my name is Beth Trehos, I'm the Attorney with Smith, Moore,
and Leatherwood. My address is 434 Fayetteville St., Raleigh, N. C. I am here today on behalf
of Strata Solar, who is the contract tenant of the project. As you've heard, they would like to
construct a solar array on 53 acres out of the 112-acre farm. As has been explained to you,
your process is a quasi-judicial one, which requires that we provide expert testimony to indicate
that we have met the findings of fact that are set out in your Unified Development Ordinance. In
the interest of not taking up too much of your time, we have put together affidavits of the experts
that we have brought to testify before you tonight. They will summarize the testimony provided
in those affidavits for you and of course answer any questions that you might have.
I must apologize to you, I misunderstood and thought that this initial hearing was just the Board
of County Commissioners and I thought I was arriving with an ample number of affidavits, and I
find now that I don't have quite enough and I apologize to you. Mr. Harvey has indicated that he
would be happy to include those in the Planning Board packet so that everybody can have a
copy. I do apologize.
Here with me tonight is engineer Phil Post of Philip Post and Associates, real estate appraiser
Rich Kirkland, and Lance Williams of Strata Solar, as well as Beth Bradshaw, who is a
representative of the family who owns the property. I will ask each of them to come forward and
share their testimony with you. I wonder if it might be appropriate at this time to pass up the
affidavits that we have and to ask that they be included in the record. I would of course ask that
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the staff report and associated attachments be incorporated into the record. Is that acceptable
to the Board? It was answered yes. Thank you very much. So at this time I'll call Phil Post, our
engineer.
Phillip Post: Members of the Commissioners and members of the Planning Board, my name is
Phil Post. I reside in Chapel Hill. I've been properly sworn. I've been an engineer in Chapel
Hill for over 33 years. I'm really happy to be associated with the Bradshaw property, and
particularly this element of the development property. This is White Cross Road here. The
entire parcel is 122 acres. The Strata project will occupy about 53 acres. The Bradshaw Mobile
Acres is here, that will continue to operate as it has for residential purposes. The array will be in
this area. The stream buffers, these hashed areas represent the area of the stream buffer that
the County and we agree is the protected stream buffer area. The other piece that we have on
this is the Type E 75-foot buffer that we're proposing around the entire perimeter of the project.
It doesn't include of course the right-of-way. It does not include the power line; it's in addition to
that. I'll just point out a few features of our proposed plan here. There is one part of the
Bradshaw Mobile Acres; most of it is really heavy, nice, old hardwood. There is one area that is
sort of a lawn area, so we're going to have an alternative buffer right here. That's why there's a
discontinuation. We'll still have a Type E buffer, but it will be planted in a slightly different way
and a little more intense and narrow buffer.
Our proposed driveway is here. It will be a gravel drive directly opposite to the existing gravel
residential driveway on the opposite side of White Cross. There will be a small gravel area here
where the array materials and construction materials will be deposited as it's being erected.
That will be a permanent sort of parking area with the gate right here. As Michael has told you,
the array really rests off the ground, so underneath the array would be grass. It will really be a
grass field with the raised arrays on it. The only feature that is kind of different about it, is the
little square places right here, and I think there's five of them. There will be sort of some
electrical equipment that will gather the electricity that is generated by these solar panels so that
it can be converted from DC power to AC power, and then distributed back to Duke Power. I'm
really pleased to be associated with a project of this type because I think it provides so many
benefits to our County and particularly in advancing the environmental goals, not only of the
Board, but of the County Comprehensive Plan. There are many citizens in Orange County that
would like to see us be less dependent on fossil fuel and more dependent on sustainable
renewable energy. This is a project that will produce electricity and be able to support about
750 homes. My colleagues will explain a little bit more about the exact benefits that are derived
from this. I just want to point out that it will be a tremendous investment in the County and will
provide very little pressure or new addition to the County services. In other words, there won't
be any new school children, there won't be any new school buses, there's no new traffic, there's
no water needs, there's no sewer needs, there's no additional refuse removal, there's no need
for any emergency services. It provides a nice investment in the County with virtually no impact
on any County services. So I'd like to point that out as being not only an advancing our
environmental goals but also just being a nice positive addition to our County.
This application we believe meets all of the requirements of Section 2.7 of the UDO. We
therefore ask for your support. We further note the objective, the specific objectives in the
County Comprehensive Plan regarding sustainable energy and reduction of carbon footprint.
We believe that this project will take some giant steps in those directions. I'll stop there and
answer any questions.
Chair Pelissier: Yes, could you tell us a little bit more about the power line that would be
installed there and where are the other power lines that it's going to hook up to?
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Phillip Post: Let me start with the power lines that it will hook up to. As you know, White Cross
Road municipal Duke Power lines are on the west side right here, along the edge of the right-of-
way. So that's the existing power line, the Duke Power line that's been there for many years.
The collection line that will be much, much smaller and it will be tied into these five west points
here that I've pointed out to you, will be underground wires that run to an overhead line that will
be right on our fence line. So it will not be in the green area, but it will be right along this area
here and it will tie into a Duke Power pole right there. So, it's inside the 75-foot type E buffer,
and it's inside our fence. It will be basically what we call single-phase lines where it will just
have two wires on a short pole. It will be fed by underground lines and feed into the Duke
Power line.
Commissioner Gordon: I just want to have you explain again about the trees along the road
that you're saying you cannot see.
Phillip Post: The 75-foot type E buffer will be composed of the existing vegetation. The only
penetration will be just our one single driveway right here. Otherwise, there will be no
disturbance of the 75-foot buffer. We believe that the buffer, which is composed of large trees,
we believe that the spacing of the vegetation will keep the arrays unseeable. It's much shorter
than even the shortest amount of vegetation.
Mark Marcoplos: Speaking about the issue of the view, it sounds like it is considered
undesirable to see.
Phillip Post: I haven't considered that. It's happens at our houses and our businesses and
they're pretty innocuous. These are low to the ground, seven feet high at the most, so they're
not gigantic things. They absorb the sunlight, so they don't reflect anything. Being very
innocuous, they don't create any noise or any humming. They are only working when the sun is
shining, and of course when the sun is down, there is absolutely nothing going on there.
Mark Marcoplos: It seems like there might even be some benefits for being able to see it a
little bit, for public education.
Phillip Post: I think that's true. I think it's an advantage for folks to know about what's
happening in the County.
Rich Kirland: My name is Rich Kirkland, I've been duly sworn in. I've been appraising in the
Triangle area for the last 16 years and grew up in the area. What I have found is that there is
no information out there that suggests any kind of negative impact. The standard criteria would
be any kind of noise, site detriment, any kind of odor, and there's nothing along those lines on
any of these properties associated with solar power. As far as the site goes, even if you could
see it, it looks remarkably similar to greenhouse type of uses, which don't have a negative
impact. To that end, around this property the uses are either agricultural, vacant land, and a
mobile home park.
Andrea Rohrbacher: I'm not sure if this is the appropriate time to ask this question, but the
plan talks about the power generator being sold to Duke Power. What if there were a future
purchase or acquisition with respect to Duke Power company and the new owner was no longer
interested in purchasing this power? What would happen?
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Beth Trehos: One of the reasons that green energy like solar power is so attractive in this area
is that there are state law requirements that the energy companies contract with providers, so
there is an incentive for a company that would buy Duke Power to continue on. Also, we are
actively involved in the negotiations of a contract which would bind that.
Lance Williams: Hi, my name is Lance Williams, I'm in site development for Strata Solar. We
have a regulated power industry. There are regulations that require power companies to buy
power. We sell our power at a competitive rate of other sources of power. This model is to sign
a power purchase agreement for a 15-year term.
The construction process, I'll just tell you a little bit about that. We look for sites that don't have
more than a 7% grade. So basically, we come into the site and we install fence posts. They go
six to ten feet in the ground. Then we attach the solar panels. Then the wires run together and
we attach them into the power grid. So it is a very nonintrusive piece of the land. We're not
normally reshaping the way that the work goes off the property. Many people find this a very
compatible use to rural agricultural land. As mentioned before, they don't create a lot of noise.
There is not a lot of traffic. If there is a problem with the array, then we send someone to check
it out, so the amount of traffic we're creating is less than what would be created for a single
house. It is encouraged by the Comprehensive Plan and it is also considered a public good by
both the state and the federal government. This site creates enough energy for about 748
houses. This equates to about the same as 2.8 million miles of vehicular traffic the amount of
savings in greenhouse emissions that is created by one solar panel.
Construction takes about 14 weeks, so, we're not intrusive to neighbors other than during the
construction period. Once again, we're not causing a large increase in cost to the County.
Thank you very much. We look forward to building a solar farm in Orange County. Since
Orange County is our home, we have strong ties to the site and I think this use fits very well into
the surrounding community.
Commissioner Jacobs: What is the life of one of these panels?
Lance Williams: Well, we haven't quite lived that long yet. The best guess is 50 to 60 years.
At the end of 25 years, the panel is at 85% capacity. The panels do not have moving parts, they
are not trackers, so they don't follow the sun. So it is a fairly old technology adopted in the 70's,
with silicone as the base material, which is some glass and basically dirt, so there's not a whole
lot there that could go wrong. The upkeep for one of these farms is small in comparison to other
utility projects.
Pete Hollenbeck: Do I understand this correctly that you're saying it is roughly a 6.3
megawatts setup.
Lance Williams: Yes, 6.38 megawatts is DC. Most people speak in terms of AC. This is 5
megawatts AC.
Pete Hollenbeck: And there are 960 individual solar panels. That would mean about 6.8
kilowatts per panel? Is that clusters of panels?
Lance Williams: An array is made up of individual panels. While there may be 960 arrays
there are somewhere between 26,000 and 27,000 panels. The panels are typically between
235-240 watts.
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Pete Hollenbeck: So the 960 individual solar array panels means 960 clusters of groups of
individual panels?
Lance Williams: Yes. And the individual panel is about the size of a piece of plywood.
Pete Hollenbeck: And you mentioned that there would be grass underneath. How is that
maintained?
Lance Williams: That is sort of a work in progress. The story that we like to say and it's not
true in all seasons, is that normally there are sheep on farms, so during growing season there
are sheep grazing there. We do allow the shepherd to use the property to help keep the grass
down. We would work with the various grass types to figure out what the best low-growth grass
is for the area.
Pete Hollenbeck: The key concept here is that one way or another it is getting cut and the plan
is not to let it grow wild.
Lance Williams: That's the plan and the less we need out there, the less chance of somebody
damaging it.
Pete Hollenbeck: One last question. You said it's a single-phase power connection to Duke
Power? I have some issues with this and I think it would be very acceptable to come back to
the Planning Board after talking to Duke with greater detail. For 190 amps going into a single-
phase feed, I was surprised you could take that much in an imbalanced feed.
Lance Williams: We met with Duke on site today. We normally look for areas that have three-
phase lines. There's a three-phase line at the street and the substation is within a couple
hundred feet of the end of the property. So both three-phase lines are close to a substation to
help with those issues. I can't really answer whether the line coming off the array is single or
three-phased. Duke actually wants a 90-degree angle off the wire coming into the site, I think
they said about 120 feet.
Beth Trehos: In conclusion, we believe that we have met the burden of proof that is required of
us and we have provided substantial material to accomplish our task in demonstration
compliance with the findings of fact we were required to make. Thank you for your time.
Christen Smith: Good evening, my name is Christen Smith and I've been duly sworn. I am the
Director of Public Policy at the Chapel Hill-Carrboro Chamber of Commerce. We wanted to
enthusiastically express our support for this project. We have a chance for economic
development, community improvement, and reputation building that comports with our
community's values and commitment to the environment and sustainability. This is a local
company that has put down roots here and has a great reputation at quality work throughout the
state and in the southeast. You have a great partner. Strata Solar won the 2012 Business of
the Year Award and has the Chamber's full trust and confidence. We are happy to comment
and encourage you to support this project. This is a local company creating local green jobs
with an economic impact and an increased use of renewables, showing again Orange County's
commitment to sustainability. This is also a movement towards developing solar as a potential
cluster??? in our economic development strategy. It is consistent with our expressed values of
our commitment to the environment, our commitment to people and jobs, and our commitment
to the economy. We are very excited to support this project.
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Michael Harvey: I have a couple of closing remarks. I want to call the Board's attention to
Attachment 3, which contains various memorandum from departments indicating that they have
no issues or concerns with the proposed development. We also have a memorandum from
Orange County Health Department saying they have done reviews and have no issues. We
have not received any concerns from the Sheriff's Department, the fire department concerning
this site. Obviously, there will not be facilities, so again, there is no septic or well.
I'd like to remind the Board, as we have identified in your abstract, specifically on page 2, this
property is in a forest management plan. Meaning there is tree harvesting and replacing trees
throughout the property. Our goal at the Planning department is to continue to allow the family
to adequately farm their property while working with Strata Solar to preserve sufficient
landscape buffers. On page 3 of our abstract, we have outlined the various development
requirements associated with a Class A Special Use Permit. You will note specifically with
respect to Section 5.9.3 of the UDO we have found this project to be complaint. As I already
talked about, there will be a 75-foot managed landscape buffer and the trees will be managed
properly so that they don't create an adverse impact on the array but they still provide the
necessary visual obstruction. I'll conclude my remarks by saying the County staff has not been
provided any documents or comments or concerns from the adjacent property owners indicating
their lack of support for the project. The Planning Director's recommendation is to receive the
application, conduct the hearing, refer the matter to the Planning Board for their review and
comment, that you adjourn this public hearing to September 18th for a recommendation.
Commissioner Jacobs: On page 39, the letter from the North Carolina Wildlife Resources
Commission, their recommendation is a 100 foot vegetative stream buffer on the property. I
don't recall what he said about the buffer on the stream.
Michael Harvey: It's going to observe the appropriate stream buffer as defined within Article 6
of our Unified Development Ordinance. You're going to have a 65-80-foot buffer depending on
the slope. So if I could call your attention to that too. This slide, Commissioner Jacobs, the
protected stream buffer is consistent with what is required within Article 6. The edge of the
leased area essentially is the center of the stream. The stream buffer is going to be preserved
and maintained. We would allow under the current guidelines for it to be maintained and to
replace the existing dead vegetation so that it does not cast a shadow on the array. Even the
forest management plan that the Bradshaw family is operating under falls under the
preservation and protection of the stream, so there will be trees necessarily harvested from the
stream buffer.
Commissioner Jacobs: So, this is what the Wildlife Resources Commission recommended?
Michael Harvey: Correct. And you will note, if I could call your attention to page 33, you have
the letter offered by Mr. Wesley Poole delineating the stream as part of the stream buffer.
A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz
to receive the application, refer the matter to the Planning Board to come back with a
recommendation for the September 18th meeting, and adjourn the public hearing until
September 18th in order to receive and accept the Planning Board recommendation.
VOTE: UNANIMOUS
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Attachment 4
EXCERPT OF MINUTES
APPROVED 8/1/2012
MINUTES
ORANGE COUNTY PLANNING BOARD
JULY 11,2012
REGULAR MEETING
MEMBERS PRESENT: Larry Wright (Chair), At-Large, Cedar Grove Township; Peter Hallenbeck (Vice-chair), Cheeks
Township Representative; Maxecine Mitchell, At-Large Bingham Township; Alan Campbell, Cedar Grove Township
Representative; Buddy Hartley, Little River Township Representative; Lisa Stuckey, Chapel Hill Township
Representative; Rachel Hawkins, Hillsborough Township Representative; Tony Blake, Bingham Township
Representative;
MEMBERS ABSENT: Dawn Brezina, Eno Township Representative; Johnny Randall, At-Large Chapel Hill Township;
Mark Marcoplos,At-Large, Bingham Township;Andrea Rohrbacher,At-Large Chapel Hill Township;
STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Perdita Holtz, Planning Systems Coordinator; Tina
Love,Administrative Assistant II
OTHERS PRESENT: Beth Trahos, Richard Kirkland, Lance Williams, Tim Smith, John McGuire, Joe Griffin
Items handed out to the Planning Board Members at meeting: Purchased Power Agreement between Duke Energy
Carolinas and White Cross Farm, LLC;Duke Energy Purchase Agreement Rate Structure
Agenda Item 9: Class A Special Use Permit- To make a recommendation to the BOCC on an application
for a Class A Special Use Permit to develop a solar array/public utility station on 46 acres of
a 122 acre parcel of property located off of White Cross Road. This item was heard at the
May 29, 2012 quarterly public hearing.
Presenter: Michael Harvey, Current Planning Supervisor
Michael Harvey: Reviewed Abstract.
Beth Trahos: I am an attorney on behalf of Strata Solar. We have a team of experts here that testified as part of our
presentation in the joint public hearing process. We have Richard Kirkland, Lance Williams, and Tim Smith. We are
happy to answer questions and we would ask for support of this project.
Larry Wright: Are there any questions?
John McGuire: I have two points. One: Is this really the long term planning for Orange County for White Cross
community-turning farmland into industrial? The other thing is all the talk about solar energy is great. What we are
talking about is solely changing the zoning requirements from farmland to industrial. It could be anything besides
solar. Once you make a decision to change that is that really the long term plan for Orange County? The overall
general planning for these types of solar arrays, so the County protects itself, protects the business and
homeowners, in laying out requirements what happens if, for whatever reasons, there is no energy a year or two
years,what is the requirements for reverting back to the original zoning?
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Beth Trahos: This Special Use Permit process is different than the ordinary process so I want to clarify how the
process is handled at the Planning Board level. That at the BOCC level, my understanding is that the testimony is
sworn and there has to be a showing of a special impact by a person who would speak on the project. I wasn't sure
if those rules were enforced at the Planning Board level and if they are not, I want to note it.
Larry Wright: Your point is well taken but I am going to address it in a different way.
Beth Trahos: The process requires that we either object or lose our opportunity to do so.
John McGuire: These are all the things I would hope the Board has considered. You know the rules better than I do.
I would hope the forethought goes into it is just not this piece of property that is going forward but what happens,
when the requirements are in place to protect not only the landowner but the business owner. Does the landowner
know what if nothing happens, and it reverts back, are they responsible for the fixtures on the property? Who takes
care of that? The planning commission defines what those requirements are and so if you don't know the answer to
those questions, I would think you would have to pass on this proposal until the definitions are in place.
Larry Wright: I have served on this Planning Board a long time and I've helped in drafting the Comprehensive Plan
and a lot of your concerns are addressed in there and I think there is a lot more protection than you realize in many of
the concerns that you have. What I would like to do is, Mr. Harvey has a very strong command of all the ordinances
and what can be done and what cannot be done and I think a lot of that would address your concerns. I think they
are valid. It would be good to talk to Mr. Harvey.
Michael Harvey: I would encourage Mr. McGuire to submit these concerns in writing in order to be compliant with
Section 2.7.8(3) of the UDO. They have to be in writing to be part of the record. This will not be industrial use of
property; this will be a public utility use of property as defined by our Unified Development Ordinance. This type of
activity is a permitted use of property within all the zoning districts throughout the County subject to the review and
approval of this Special Use Permit. There are standards they have to abide by concerning the use of this property.
If this facility becomes defunct, the requirements of the ordinance are that the Special Use Permit is vacated. If the
activity ceases, they would have to eliminate the use. Obviously the Bradshaw family partnership is informed
because they have submitted documentation as part of the quarterly public hearing packet and they have agreed to
allow the development to move forward on their property. I understand the concern but ultimately you are looking at,
by definition, a permitted use in this area subject to review and approval of this permit through this very process.
There is no rezoning taking place. This property will continue to be zoned Agricultural Residential. This activity is
permitted. It is not considered an industrial use. This is a permitted use in this district subject to the issuance of this
permit. If this permit doesn't get issued this use can't be developed.
John McGuire: The purpose of defining planning requirements for the County should go beyond whoever is on the
BOCC or the Planning Board. It should set guidelines for the direction the County is going to go and not based on
the whims of whoever is in charge.
Larry Wright: I think you really need to talk to Michael and we do have a 2030 Comprehensive Plan that we worked
on for a few years and this does project where the County wants to go up to 2030 and so I think that it would be good
for you to make an appointment with Michael and I encourage you to put your concerns in writing so that can go
before the BOCC, all we do here is make recommendations. We are not a commission,we are a planning board.
Tony Blake: Are you a resident of the community in the White Cross area?
John McGuire: Yes, in the White Cross area.
Larry Wright: Other questions?
Beth Trahos: I would like to tender our objection as part of the record to the statements made by Mr. McGuire.
81
Motion made by Tony Blake to accept staff's finding in the evidence submitted to support findings in Section 2.2 and
Section 2.7.3. Seconded Alan Campbell.
Vote: Unanimous
Motion made by Lisa Stuckey to approve Section 2.7.5 Class A Special Notification Requirements and accept staff's
recommendations. Seconded Tony Blake
Vote: Unanimous
Motion made by Tony Blake to accept staff's finding in the evidence submitted to support findings in Section 2.2 and
Section 2.7.3. Seconded Peter Hallenbeck.
Vote: Unanimous
Motion made by Lisa Stuckey to approve Section 2.7.5 Class A Special Notification Requirements and accept staff's
recommendations. Seconded Peter Hallenbeck.
Vote: Unanimous
Motion made by Tony Blake to approve Section 3.3 and 6.3 Land Use. Seconded Alan Campbell.
Vote: Unanimous
Motion made by Lisa Stuckey to approval of Section 5.9 Standards for Utilities and 6.8.6 Landscape Use Buffers and
we accept the recommendations of the planning staff. Seconded Peter Hallenbeck.
Vote: Unanimous
Motion made by Tony Blake to accept Section 5.9.3 and the evidence submitted toward findings. Seconded Alan
Campbell.
Vote: Unanimous
Motion made by Tony Blake to accept Section 5.3.2 (B) Special Use —Specific Standards Class A Special Use and
the evidence submitted. Seconded Lisa Stuckey.
Vote: Unanimous
Motion made by Alan Campbell to accept Section 5.3.2 (A)(2)(a) be adopted as a finding of fact that the use of this
project will maintain or promote public health, safety and general welfare if located where proposed all based on the
evidence submitted by the applicant in the record or at the public hearing. Seconded Tony Blake.
Vote: Unanimous
Motion made by Alan Campbell to accept Section 5.3.2 (A)(2)(b) that the use will maintain or enhance the value of
the contiguous property based on the evidence submitted by the applicant at the public hearing. Seconded Lisa
Stuckey.
Vote: Unanimous
Motion made by Tony Blake to accept Section 5.3.2 (A)(2)(c) as fact the location and character of the use if
developed according to the plan submitted will be in harmony with the area in in which it is to be located and the use
is in compliance with the plan for the physical development of the County as embodied in the regulations or in the
Comprehensive Plan, or portion thereof, adopted by the BOCC based on evidence presented at the hearing and
findings of staff. Seconded Buddy Hartley.
Vote: Unanimous
Motion made by Alan Campbell to adopt the recommendations made by staff for this project on page 76, items 1 -7.
Seconded Tony Blake.
Vote: Unanimous
Attachment 5
82
SMITI I MOORE
September 6, 2012
Michael D. Harvey AICP, CFO, CZO
Current Planning Supervisor
Orange County Planning Department
P. O. Box 8181
Hillsborough,NC 27278
Re: Special Use Permit Conditions— Strata Solar -White Cross Road Property
Dear Michael:
Thank you for sharing the draft special use permit conditions. The conditions set out
below are acceptable to Strata Solar:
(1) An exempt subdivision plat formally creating the boundaries of the utility site shall
be submitted for the approval of the Planning Department and recorded within the
Orange County Register of Deeds office within 180 days from the approval of the Special
Use Permit.
(2) As denoted on Sheet PV 2 of the approved site plan, 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 the
Special Use Permit.
(3) A revised Sheet PV 2 shall be submitted denoting the required for the project
as required under Section 3.3 of the UDO. This revised sheet shall be submitted within
180 days from the approval of the Special Use Permit.
(4) That the applicant 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) That the Orange County Fire Marshal's office shall review and approve the final site
plan as part of the normal building permit review process, and that any and all
modifications be made to address fire code issues and access prior to the issuance of the
permit authorizing the commencement of land disturbing activities.
Elizabeth C.Trahos I Direct 919.755.8760 I Fax 919.838.3167 I beth.trahos @smithmoorelaw.com
Smith Moore Leatherwood LLP • Attorneys at Law • www.smithmoorelaw.com
434 Fayetteville Street Two Hannover Square Suite 2800 PO Box 27525(27611) Raleigh,NC 27601 • 919.755.8700
Atlanta,GA • Charleston,SC • Charlotte,NC • Greensboro,NC • Greenville,SC • Raleigh,NC • Wilmington,NC
83
Michael D. Harvey AICP, CFO, CZO
September 6, 2012
Page 2
(6) That prior to the commencement of land disturbing activity the applicant shall submit
all necessary stormwater, grading plans, and erosion control applications to the Orange
County Erosion Control Department for review and processing. These applications shall
be submitted within 180 days from the issuance of the SUP.
(7) That the applicant shall submit the approved site plan to NC DOT for review and
comment. In the event it is determined that the applicant is required to apply for and
receive a driveway permit from NC DOT to allow for the project to be developed, the
applicant shall submit all necessary applications as required by NC DOT within 180 days
from the issuance of the SUP and provide planning staff with a copy of the issued permit.
Please do not hesitate to contact me if you have any questions.
Sincerely,
'MIT : ` OORE LEATHERWOOD LLP
i
Elizabeth C. Trahos
ECT/msc
84
Attachment 6
CASE NUMBER: SU-A-2-12
FINDINGS OF THE ORANGE COUNTY PLANNING STAFF
PERTAINING TO A REQUEST SUBMITTED BY
STRATA SOLAR AND THE BRADSHAW FAMILY PARTNERSHIP
REQUESTING A CLASS A SPECIAL USE PERMIT
TO CONSTRUCT A PUBLIC UTILITY—SOLAR ARRAY
ON A PARCEL OF PROPERTY OFF OF WHITE CROSS ROAD
PIN 9748-34-9639.
Applications for a PUBLIC UTILITY are required to demonstrate compliance with general and specific
standards as set forth in Section(s) 5.3.2 (A) and (B) as well as 5.9 of the Orange County Unified
Development Ordinance (UDO).
Section 5.3.2 (A) (2) of the UDO requires written findings certifying compliance with the following:
(1) The use will maintain or promote the public health, safety and general welfare, if located
where proposed and developed and operated according to the plan as submitted;
(2) The use will maintain or enhance the value of contiguous property (unless the use is a
public necessity, in which case the use need not maintain or enhance the value of
contiguous property); and
(3) The location and character of the use, if developed according to the plan submitted, will
be in harmony with the area in which it is to be located and the use is in compliance with
the plan for the physical development of the County as embodied in these regulations or
in the Comprehensive Plan, or portion thereof, adopted by the Board of County
Commissioners;
In addition, the Board shall make findings certifying that the application is complaint with the following
specific standards:
(1) Specific standards for the submission of Special Use Permit applications as outlined
within Section(s) 2.2 and 2.7 of the UDO,
(2) Applicable provisions of Article 3 (Dimensional Requirements) and Article 6 (Application of
Dimensional Requirements) of the UDO,
(3) Applicable landscape provisions detailed within Section(S) 5.9 and 6.8.6 of the UDO,
(4) Specific regulations governing the development of individual Special Uses, in this case
regulations detailed within Section 5.9.3 of the UDO,
(5) Section 5.3.2 (B) relating to the method and adequacy of the provision of:
a. Sewage disposal facilities,
b. The adequacy of police, fire, and rescue squad protection, and
c. The adequacy of vehicular access to the site and traffic conditions around the site
(6) The aforementioned general findings outlined within Section 5.3.2 (A) (2).
Listed below are the findings of the Orange County Planning Department regarding the application in
question. The findings have been presented by Article and requirement to assist in deliberations.
85
SECTION 2.2 AND 2.7.3 CLASS A SPECIAL USE PERMIT APPLICATION COMPONENTS("Yes"
indicates compliance; "No" indicates non-compliance)
PLANNING
BOARD EVIDENCE SUBMITTED
Ordinance RECOMMENDED TO SUPPORT BOCC
Requirements FINDINGS FINDINGS FINDINGS
Section 2.2 X Yes No Attachment 1 of the May Yes No
29, 2012 Quarterly
The application for a Public Hearing packet
Class A Special Use contained the completed
Permit shall be on forms application for the
provided by the Planning request.
Department.
2.2.4 (D) X Yes No Staff indicated during the Yes No
Quarterly Public Hearing
Applications must be that the applicant had
accompanied by the fee paid all applicable fees
amount that has been as required by the
established by Board of adopted fee schedule.
County Commissioners.
Application fees are
nonrefundable.
2.7.3 (B) (1) X Yes No Attachment 1 of the May Yes No
29, 2012 Quarterly
A full and accurate Public Hearing packet
description of the contained a detailed
proposed use, including narrative outlining the
its location, appearance, nature of the request.
and operational
characteristics.
2.7.3 (B) (2) X Yes No Attachment 1 of the May Yes No
29, 2012 Quarterly
The names and Public Hearing packet
addresses of the owners contained the required
of the property information
86
PLANNING
BOARD EVIDENCE SUBMITTED
Ordinance RECOMMENDED TO SUPPORT BOCC
Requirements FINDINGS FINDINGS FINDINGS
2.7.3 (B) (3) X Yes No Attachment 1 of the May Yes No
29, 2012 Quarterly
Relevant information Public Hearing packet
needed to show contained the required
compliance with the detail including a site
general and specific plan denoting the
standards governing the boundary of the property.
Special Use
2.7.3 (B) (4) X Yes No Required copies of the Yes No
site plan, prepared by
Twenty-six (26) copies of Strata Solar and sealed
the site plan prepared by by Mr. Timothy Smith
a registered N.C. land License Number 030517
surveyor, architect, or were submitted and part
engineer. of the May 29, 2012
Quarterly Public Hearing
abstract for this item
2.7.3 (B) (5) _X_ Not The Project does not _ Not applicable
applicable involve a preliminary
If the application involves subdivision application.
a Preliminary Subdivision
Plat, 26 copies of the Plat The leased area shall be
prepared in accordance subdivided through the
with Section 7.14 shall be exempt plat process if
provided. approved. This will
become a condition of
approval.
2.7.3 (B) (6) X Yes No The applicant provided Yes No
staff with the required list
A list of all parcels located of adjacent property
within 500 feet of the owners
subject parcel and the
name and address of
each property owner, as
currently listed in the
Orange County tax
records.
2.7.3 (B) (7) X Yes No While no buildings are Yes No
proposed for the site,
Elevations of all structures Sheet PV 1 of the site
proposed to be used in plan contains elevations
the development. of the proposed solar
arrays.
87
PLANNING
BOARD EVIDENCE SUBMITTED
Ordinance RECOMMENDED TO SUPPORT BOCC
Requirements FINDINGS FINDINGS FINDINGS
2.7.3 (B) (8) _X_ Not The Project will not result _ Not applicable
26 copies of an applicable in any disturbance
Environmental requiring the submission
Assessment or of an Environmental
Environmental Impact Assessment per Section
Statement as required by 6.18 of the UDO. As
Section 6.16 of the UDO such this requirement is
not applicable.
2.7.3 (B) (9) _X_Yes No The site plan contains a Yes No
Method of disposal of note indicating that the
trees, limbs, stumps and project will comply with
construction debris applicable County Zoning
associated with the and Solid Waste
permitted activity, which Management regulations
shall be by some method governing the disposal of
other than open burning. generated waste
2.7.3 (B) (10) _X_Yes No The applicant testified Yes No
Statement from the during the May 29, 2012
applicant indicating the Quarterly Public Hearing
anticipated development that the project would be
schedule for the build-out completed within a year
of the project.
2.7.3 (B) (11) X Not applicable The applicant is not _Not applicable
Statement from the requesting vesting of the
applicant in justification of project.
any request for vesting for
a period of more than two
years (five years
maximum)
88
SECTION 2.7.5 CLASS A SPECIAL NOTIFICATION REQUIREMENTS("Yes" indicates
compliance; "No" indicates non-compliance)
PLANNING
BOARD EVIDENCE SUBMITTED
RECOMMENDED TO SUPPORT BOCC
Ordinance Requirements FINDINGS FINDINGS FINDINGS
A. The Planning Director X Yes No Public Notice was sent Yes No
shall give public notice certified mail on May 14,
of the date, time and 2012 fora May 29, 2012
place of the public Public Hearing.
hearing
B. Such notice shall be X Yes No The legal ad was _Yes No
published in a published in the News of
newspaper of general Orange and the Chapel
circulation in Orange Hill Herald on May 16,
County once a week for 2012 and again on May
two successive weeks, 23, 2012.
with the first notice to be
published not less than
ten days not more than
we days prior to the date
of the hearing.
C. The Planning Director X Yes No The property was posted Yes No
shall post on the on May 18, 2012.
affected property a
notice of the public
hearing at lest ten days
prior to the date of said
hearing.
D. Written notice shall be X Yes No As previously indicated Yes No
sent by certified mail to public notice was sent via
all adjacent property certified mail on May 14,
owners not less than 15 2012.
days before the hearing
date. Adjacent property Attachment 4 of the May
owners are those whose 29, 2012 Quarterly Public
property lies within five Hearing abstract
hundred feet of the contained staff's mail out
affected property and certification, a copy of the
whose manes and notification letter, and the
addresses are currently mailing labels as provided
listed in the Orange by the applicant for all
County tax records. property owners within
500 feet
89
SECTION(S) 3.3 BASE ZONING DISTRICT—AGRICULTURAL RESIDENTIAL AND 6.3 LAND USE
INTENSITY MEASURES ("Yes" indicates compliance; "No" indicates non-compliance)
PLANNING
BOARD EVIDENCE SUBMITTED
Ordinance RECOMMENDED TO SUPPORT BOCC
Requirements FINDINGS FINDINGS FINDINGS
Section 3.3 and 6.3 of the
UDO provides the land
use intensity measures
governing the
development of projects
within the County.
The applicant has applied
for a Special Use Permit
within the Agricultural
Residential (AR) general
use zoning district. The
dimensional and ratio
standards associated with
the AR zoning district are
as follows:
Minimum lot size — 40, X Yes No Sheet PV 2 of the site Yes No
000 square feet plan indicates the lot will
be 53.31 acres in area
Minimum lot width — 150 X Yes No Sheet PV 2 of the site Yes No
feet plan indicates the lot will
have over 1,000 feet of
frontage along White
Cross Road (SR 1951)
Required front yard X Yes No Sheet PV 2 of the site Yes No
setback —40 feet plan indicates the arrays
will be setback
approximately 150 feet
from White Cross Road
(SR 1951)
Required side yard X Yes No Sheet PV 2 of the site Yes No
setback —20 feet plan indicates the arrays
will be setback
approximately 20 feet
respectively from
identified buffer areas
located along the side
property lines
Required rear yard X Yes No Sheet PV 2 of the site Yes No
setback —20 feet plan indicates the arrays
will be 20 feet from
proposed buffer areas
90
Floor Area Ratio - .088 _X_ Not Sheet PV 2 of the site Not
sq. ft. or 203,163 sq. ft. applicable plan indicates no Applicable
buildings are being
proposed for the property
Minimum gross land area _X_ Not Not applicable — This Not
applicable proposed project is not Applicable
subject to the minimum
gross land area
requirement as detailed
within Section 3.3 of the
UDO
Required Open Space - X Yes No Sheet PV 2 of the site Yes No
.84 or 1,939,296 sq. ft. plan indicates there will
(44.78 acres) be approximately 48
acres (2,090,880 sq. ft.)
of open space on the
property
Required Livability Space _X_ Not Not applicable — This Not
applicable proposed project is not Applicable
subject to the minimum
required livability space
as detailed within Section
3.3 of the UDO
Required Recreation _X_ Not Not applicable — This Not
Space applicable proposed project is not Applicable
subject to the minimum
required livability space
as detailed within Section
3.3 of the UDO
Required While Sheet PV 2 of the
Pedestrian/landscape X Yes No site plan indicates there Yes No
ratio - .21 or 484,824 will be no
sq.ft. (11 acres) pedestrian/landscape
ratio area there will be.
Staff has determined the
project will comply given
the area encumbered by
proposed buffers and the
proposed walkways to
access the individual
arrays.
A condition of approval
will be that the site plan
be modified to reference
Compliance.
91
SECTION(S) 5.9 STANDARDS FOR UTILITIES AND 6.8.6 LANDSCAPE USE BUFFERS ("Yes"
indicates compliance; "No" indicates non-compliance)
PLANNING
BOARD EVIDENCE SUBMITTED
Ordinance RECOMMENDED TO SUPPORT BOCC
Requirements FINDINGS FINDINGS FINDINGS
In accordance with the
provisions of Section 5.9
Standards for Utilities of
the UDO, staff has
determined the project is
required to adhere to a
Type E land use buffer as
established within Section
6.8.6 of the UDO
6.8.6 — Type E Land Use X Yes No Sheet PV 2 of the site Yes No
Buffer — 75 foot land use plan contains various
buffer installed per Option notes denoting the
4 (Overhead Utility option) applicants intent to
composed of deciduous comply with the
and evergreen understory provisions of Section
trees and shrubs 6.8.6 utilizing existing,
natural, foliage
supplemented with the
planting of additional
trees.
The applicant has
recommended the
project be approved with
the condition that the
final landscape/buffer
management plan be
prepared for review and
approval prior to the
commencement of earth
disturbing activity.
Staff recommends this
become a condition of
approval.
92
SECTION 5.9.3 PUBLIC UTILITY STATIONS AND SUBSTATIONS ("Yes" indicates compliance;
"No" indicates non-compliance)
PLANNING
BOARD EVIDENCE SUBMITTED
Ordinance RECOMMENDED TO SUPPORT BOCC
Requirements FINDINGS FINDINGS FINDINGS
Section 5.9.3 of the UDO
establishes additional
submittal requirements
and standards of
evaluation for a public
utility
5.9.3 (A) (1)
In addition to the
information required by
Section 2.7, the following
shall be submitted as part
of the application:
5.9.3 (A) (1) (a) X Yes No A site plan was Yes No
submitted as required.
A site plan showing all Sheet PV 2 of the site
existing or proposed plan contains the
buildings, storage areas, required information
parking and access areas,
topography, any officially
designated floodplains or
alluvial soils.
5.9.3 (A) (1) (b) X Yes No The submitted site plan, Yes No
specifically Sheet PV1,
Plans and elevations for contains the elevations
all proposed structures of the proposed arrays.
and descriptions of the
color and nature of all Sheet PV 2 indicated no
exterior materials buildings are proposed
for the site
5.9.3 (A) (1) (c) X Yes No The submitted site plan, Yes No
specifically Sheet PV2,
Landscape Plan, at the contains some of the
same scale as the site required information
plan, showing existing and focusing primarily on the
proposed trees, shrubs, existing foliage.
ground cover and other
landscape materials. Staff recommends a
condition of approval be
the submission of a
formal landscape plan
prior to the
commencement of earth
disturbing activities.
93
PLANNING
BOARD EVIDENCE SUBMITTED
Ordinance RECOMMENDED TO SUPPORT BOCC
Requirements FINDINGS FINDINGS FINDINGS
Section 5.9.3 (A) (2)
Standards of Evaluation
5.9.3 (A) (2) (a) _X_ Not Sheet PV 2 of the site Not
applicable plan indicates no Applicable
Where a building is buildings are being
involved and it is proposed for the property
proposed to be located in
a residentially zoned
district, it shall have the
appearance suitable for a
residential district or it
shall be screened from
adjacent residential land.
5.9.3 (A) (2) (b) _X_ Not Sheet PV 2 of the site Not
applicable plan indicates no Applicable
Where buildings are buildings are being
setback from road rights proposed for the property
of way or from private
property lines by a
distance of 200 feet,
screening will not be
required.
5.9.3 (A) (2) (c) X Yes No The submitted site plan, Yes No
specifically Sheet PV2,
All outside storage areas denotes compliance
are fenced and screened
from adjacent residential
development
5.9.3 (A) (2) (d) _X_ Not The submitted site plan Not
applicable and project narrative Applicable
The site is adequate size indicate that there will be
for the sewage disposal no septic system
systems proposed and for installed on this property
the proposed use
94
Section 5.3.2 (B) SPECIAL USE—SPECIFIC STANDARDS CLASS A SPECIAL ("Yes" indicates
compliance; "No" indicates non-compliance)
PLANNING
BOARD EVIDENCE SUBMITTED
RECOMMENDED TO SUPPORT BOCC
FINDINGS FINDINGS FINDINGS
Section 5.3.2 (B)
In addition to the general
standards the following
specific standards shall be
addressed by the
applicant before the
issuance of a Special Use
Permit
X Yes No No sewage system or Yes No
Section 5.3.2 (B) (1) well is proposed.
Method and adequacy of Waste will be disposed
provision for sewage of by a private
disposal facilities, solid contractor. Orange
waste and water service. County Solid Waste has
indicated they have no
concerns associated with
the project.
Section 5.3.2 (B) (2) X Yes No Fire protection will be Yes No
provided by the White
Method and adequacy of Fire Department, rescue
police, fire and rescue service by the Orange
squad protection. County Emergency
Management, and police
protection by the Orange
County Sheriff's
Department.
Attachment 3 of the May
29, 2012 Quarterly
Public Hearing abstract
contain memos from the
EMS Director and the
Fire Marshal indicating
they had no problem with
the proposal as
submitted.
No concerns have been
expressed by the
Sheriff's office.
95
Section 5.3.2 (B) (3) X Yes No NC DOT has indicated Yes No
they have no concerns
Method and adequacy of over the project.
vehicle access to the site
and traffic conditions A condition of approval is
around the site. Strata Solar shall obtain
a NC DOT driveway
permit prior to the
commencement of land
disturbing activity
associated with the
project.
96
Section 5.3.2 (A) (2) SPECIAL USE—GENERAL STANDARDS CLASS A SPECIAL ("Yes" indicates
compliance; "No" indicates non-compliance)
PLANNING
BOARD EVIDENCE SUBMITTED
RECOMMENDED TO SUPPORT BOCC
FINDINGS FINDINGS FINDINGS
In accordance with Section
5.3.2 (A) (2), the Board of
Commissioners shall also
consider the following
general conditions before
the application for a
Special Use can be
approved:
Section 5.3.2 (A) (2) (a) X _Will Attachment 1, the Will _Will
Will Not application, of the public Not
The use will maintain or hearing abstract,
promote the public health,
safety and general welfare, Staff and applicant
if located where proposed testimony from the Public
and developed and Hearing,
operated according to the
plan as submitted. Abstracts from the May
29, 2012 Quarterly Public
Hearing and July 11, 2012
Planning Board,
Additional information
supplied to the Planning
Board by the applicant at
its July 11, 2012 regular
meeting
Staff findings as
discussed during the July
11, 2012 Planning Board
regular meeting, and
A lack of competent
material and substantial
evidence in the form of
testimony, exhibits,
documents, plans, or
other materials entered
into the record indicating
the applicant had not met
their burden in
accordance with Section
5.3.2 (A) of the UDO.
97
Section 5.3.2 (A) (2) (b) X Will Applicant testimony from Will Will
Will Not the Public Hearing, Not
The use will maintain or
enhance the value of Abstracts from the May
contiguous property (unless 29, 2012 Quarterly Public
the use is a public Hearing and July 11, 2012
necessity, in which case Planning Board,
the use need not maintain
or enhance the value of Testimony from Mr.
contiguous property). Richard Kirkland at the
May 29, 2012 Quarterly
Public Hearing relating to
the use maintaining and
enhancing the value of
adjacent property, and
A lack of competent
material and substantial
evidence in the form of
testimony, exhibits,
documents, plans, or
other materials entered
into the record indicating
the applicant had not met
their burden in
accordance with Section
5.3.2 (A) of the UDO.
Section 5.3.2 (A) (2) (c) X Is _ Is Attachment 1, the Is _ Is
Not application, of the public Not
The location and character hearing abstract,
of the use, if developed
according to the plan Staff and applicant
submitted, will be in testimony from the Public
harmony with the area in Hearing,
which it is to be located and
the use is in compliance Abstracts from the May
with the plan for the 29, 2012 Quarterly Public
physical development of Hearing and July 11, 2012
the County as embodied in Planning Board,
these regulations or in the
Comprehensive Plan, or Staff findings as
portion thereof, adopted by discussed during the July
the Board of County 11, 2012 Planning Board
Commissioners. regular meeting, and
A lack of competent
material and substantial
evidence in the form of
testimony, exhibits,
documents, plans, or
other materials entered
into the record indicating
the applicant had not met
their burden in
accordance with Section
5.3.2 (A) of the UDO.
98
RECOMMENDATION:
Staff and the Planning Board have not received any information that would establish grounds for making a
negative finding on the general standards. These standards include maintaining or promoting the public health,
safety, and general welfare, maintaining or enhancing the value of contiguous property, and the use being in
compliance with the general plan for the physical development of the County.
The Planning Board has reviewed the application, the site plan, and all supporting documentation and has found
that the applicant complies with the specific standards and required regulations as outlined within the UDO.
Provided the Board of County Commissioners finds in the affirmative on the specific and general standards, the
Board could make a positive finding on this application. In the event that the Board of County Commissioners
makes the determination that the permit can be issued, the Planning Board recommends the attachment of the
following conditions to the Special Use Permit:
(1) An exempt subdivision plat formally creating the boundaries of the utility site shall be submitted for the
approval of the Planning Department and recorded within the Orange County Registrar of Deeds office
within 180 days from the approval of the Special Use Permit.
(2) As denoted on Sheet PV 2 of the approved site plan, the applicant shall cause a formal and detailed
landscape and tree preservation plan shall be submitted and approved by the Orange County Planning
Department within 180 days from the approval of the Special Use Permit.
(3) That the applicant 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.
(4) That the Orange County Fire Marshal's office shall review and approve the final site plan, as part of the
normal building permit review process, and that any and all modifications be made to address fire code
issues and access prior to the issuance of the permit authorizing the commencement of land disturbing
activities,
(5) That prior to the commencement of land disturbing activity the applicant shall submit all necessary
stormwater, grading plans, and erosion control applications to the Orange County Erosion Control
Department for review and processing. These applications shall be submitted within 180 days from the
issuance of the SUP.
(6) That the applicant shall submit the approved site plan to NC DOT for review and comment. In the event it
is determined that the applicant is required to apply for, and receive a, driveway permit from NC DOT to
allow for the project to be developed, the applicant shall submit all necessary applications as required by
NC DOT within 180 days from the issuance of the SUP and provide planning staff with a copy of the
issued permit.