HomeMy WebLinkAboutAgenda - 05-26-2015 - C-3ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 26, 2015
Action Agenda
Item No. C -3
SUBJECT: Class A Special Use Permit —Public Utility Station (Solar Array) in the White
Cross Area
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Application Packet
2. Property and Vicinity Map
3. Staff Comments
4. Neighborhood Information Meeting (NIM)
Notes
5. Public Hearing Notification Materials
Under Separate Cover — Full Scaled Copy
of Project Site Plan
INFORMATION CONTACT:
Patrick Mallett, Planner II (919) 245 -2577
Michael D. Harvey, Planner III (919) 245 -2597
Craig Benedict, Director (919) 245 -2592
PURPOSE: To hold a quasi-judicial public hearing and receive sworn testimony and evidence on a
Class A Special Use Permit application in accordance with Section 2.7 Special Use Permits and
Section 5.9.3 of the Orange County Unified Development Ordinance (UDO) proposing the
development of a solar array public utility.
A quasi-judicial hearing means that testimony is sworn and evidence must be competent and
substantial. Hearsay or unsubstantiated opinions are not sufficient testimony. Board members are
also prohibited from engaging in conversations with anyone on the merits of project outside of the
public hearing process. Such conversations, commonly referred to as `ex -parte communications' are
prohibited.
BACKGROUND: On February 25, 2015 staff received an application proposing the development of
a 5 megawatt solar array public utility facility on a 20 acre portion of a 35.8 acre parcel of property
owned by William and Carol Byron off of White Cross Road.
The basic facts of the application are as follows:
Applicant: White Cross Solar LLC
176 Mine Lake Court, Suite 100
Raleigh, NC 27615
Property Owners: William and Carol Byron
1606 White Cross Road
Chapel Hill, NC 27516
Agent(s)- Beth Trahos
Smith Moore Leatherwood
434 Fayetteville Street, Suite 2800
Raleigh, NC 27601
Location: Northwest quadrant of White Cross Road (SR 1951) and Old
Greensboro Road (SR 1005). Refer to Attachment 2 for a vicinity
map of the project).
Parcel Information- a.
PIN- 9748-32-0786
b.
Size of parcel: 35.8 acres (20 acres cleared for the solar array
with approximately 11.5 acres of the cleared area to contain the
fenced solar array facility).
c.
Zoning of parcel: Agricultural Residential (AR) and Haw River
Protected Watershed Overlay District.
d.
Township: Bingham
e.
Future Land Use Map Designation: Agricultural Residential
f.
Growth Management System Designation: Rural
g.
Existing Conditions /Physical Features: There is an existing
single - family home on the southern portion. The remaining
acreage is undeveloped and wooded with a mix of hardwood
and evergreen trees.
h.
Roads: Vehicular access to the proposed facility is located
along the parcel frontage with White Cross Road (SR 1952)
roughly adjacent to the White Cross Recreation facility. The
property does have narrow frontage along Old Greensboro Road
(SR 1005), however, neither the existing residence nor the
proposed solar facility propose access within this frontage.
Likewise, this frontage contains some sight distance and
topography issues that would make any type of vehicular access at
that location practical.
Surrounding Land Uses: a. NORTH: Single- family residential with AR zoning and Haw River
Protected Watershed Overlay;
b. SOUTH: Single- family residential with AR and Haw River Protected
Watershed Overlay zoning;
c. EAST: White Cross Recreation and Antioch Baptist Church of
Orange County with AR zoning; and
d. WEST: Single- family residential with AR zoning and Haw River
Protected Watershed Overlay.
Proposal: As detailed within Attachment 1, the applicant is proposing to erect individual solar array
panels on a 20 acre portion of the subject property. The remaining 15 acres will be retained by the
current property owner, who resides within the existing single - family residence on the southern
portion of the property.
K
A typical ground mounted array is approximately 7 to 9 feet in height, with approximately 2 to 3 feet
of ground clearance, and 47 feet in length. Approximately 20 acres of the site will be initially
disturbed with 11.5 acres containing the actual array. A 6 foot high chain link security fence,
topped with 3 strand barbed wire, shall enclose the perimeter of the array to prevent access.
Vehicular access to the site is restricted by a 24 foot access gate off of White Cross Road. As
detailed on the site plan (included in Attachment 1 on Sheet C -1001) the White Cross Volunteer Fire
Department and Orange County EMS shall be provided a key to access the site in the event of an
emergency. Gravel paths /drives will be installed around these arrays in order to permit access by
White Cross LLC technicians to service the panels and inverters.
Staff has determined that the applicant is required, per Section 6.8.6F of the UDO, to adhere to
a Type D 50 foot wide landscaped buffer around the perimeter of the project. The Type D
landscape buffer requires 17 -20 trees and 50 -70 shrubs per 100' feet of buffer length. This is a
rate that ensures an opaque screen of at least 20' in height within 3 -5 growing seasons. The
applicant is proposing to meet landscaping requirements through the preservation of existing
foliage and a planted mix of evergreen and hardwood trees and shrubs. As detailed on Sheet
C1001 of the site plan, areas within the 50 foot buffer that are cleared shall be replaced in
accordance with applicable Orange County and State guidelines with drought tolerant,
indigenous, non - invasive vegetation. The applicant is also proposing to save additional trees
between the 50 foot wide buffer and the fencing for the solar array.
The applicant is not proposing to develop a business or other similar occupied office facilities on
the property. As a result there is no septic or well system proposed, or required, as part of the
project.
Ordinance Requirements — Class A Special Use: In accordance with Section 5.9.6 (C) (2) Solar
Arrays of the UDO, the project is required to demonstrate compliance with the following
standards of evaluation:
(a) All on -site utility and transmission lines shall, to the extent feasible, be placed
underground.
STAFF COMMENT. Based on language provided on the site plan the applicant is
proposing to adhere to this requirement.
(b) The height of proposed arrays and support structures shall not exceed 40 feet.
STAFF COMMENT. Data on the submitted site plan, specifically the typical rack
height elevation, indicates the height of the racks will be approximately 7 to 8 feet
from ground elevation.
No other support structures, other than utility poles, are proposed.
(c) Individual arrays /solar panels shall be designed and located in order to prevent
reflective glare toward any inhabited buildings on adjacent properties as well as
adjacent street rights -of -way.
STAFF COMMENT. Detail in the application narrative indicates the applicant will
comply with this provision.
(d) A clearly visible warning sign concerning voltage must be placed at the base of all
pad- mounted transformers and substations.
M
STAFF COMMENT. Note(s) on the site plan indicate warning signs shall be
erected as required by the UDO.
(e) All mechanical equipment of principal solar energy systems including any structure for
batteries or storage cells, shall be completely enclosed by a minimum eight (8) foot
high fence with a self - locking gate, and provided with screening in accordance with
the provisions of Section 6.8.
STAFF COMMENT. The site plan indicates the site shall be enclosed by an 8 foot
high security fence around the entire perimeter.
A 50' wide Landscape Buffer with screening materials will be provided around the
perimeter of the project.
(f) The applicant shall submit proof of liability insurance covering bodily injury and
property damage demonstrating a minimum coverage limit of $ 500,000.00 per
occurrence.
STAFF COMMENT. The narrative provides language denoting the applicant's
compliance with this provision.
(g) A Type D Land Use Buffer shall be provided along any portion of the perimeter of the
parcel, easement, or leasehold area located adjacent to property zoned, or otherwise
utilized for, residential use except where such property is owned, leased or consists of
other utility easements currently used for electrical distribution or transmission
purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
STAFF COMMENT. The site plan provides sufficient information demonstrating
land use buffering requirements will be met.
In reviewing the request with other County departments, the following comments have been
received-
1 . The Sheriff's Department has indicated the proposed development will not require
existing patrol patterns to be altered.
2. EMS staff has indicated that White Cross Volunteer Fire Department will still provide fire
services and that Orange County EMS will provide emergency medical services. They
do not believe the request will create a service provision problem for them.
3. There are no septic or well systems proposed for the property.
4. The Planning Department and the Department of Environment, Agriculture, Parks, and
Recreation (DEAPR) staff has reviewed the proposal and determined the request, if
approved, will have no significant impact to existing habitat area warranting special
consideration or protection based on information contained within the Inventory of Natural
Areas and Wildlife Habitats for Orange County North Carolina
5. Orange County Solid Waste has indicated the request, if approved, will not impact
service provision to the surrounding area.
6. Staff has submitted the project to the State Clearinghouse for review. Preliminary
responses from State agencies indicate there are no concerns associated with the
development of the property as a solar array. Final comments will not be received until
May 28, 2015 and will be provided to the BOCC and Planning Board at that time.
7. Staff has determined a formal Environmental Impact Statement is not required for the
project.
Please refer to Attachment 3 for additional detail.
Analysis: As required under Section 2.7.4 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application' and pass that analysis on to the reviewing
body. In analyzing this request, the Planning Director offers the following-
1 . The application has been deemed complete in accordance with the requirements of
Section 2.7 of the UDO.
2. Staff has determined that the property is of sufficient size to allow for the development of
the project.
3. The proposal should not have a negative impact on the existing residence, including the
existing well and septic system, or impede the existing residential use of the remainder of
the property.
4. The proposal appears 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.
A neighborhood information meeting was held for this project on April 9, 2015 from 5:30 p.m. to
7:30 p.m. in accordance with the UDO. Several concerns were identified at this meeting relating
to the project including:
a. Adjacent property owners expressed concern over the impact the project would have on
their property values.
b. The northern property owner expressed concern that the required land use buffer was
insufficient and that she would still be able to see the array once constructed.
c. Adjacent property owners expressed concerns over traffic and access to the facility.
d. There were concerns over what was going to happen the rest of the property (i.e. how
would it be developed /redeveloped).
Meeting notes for the meeting are provided within Attachment 4. It should be noted the
applicant held a second neighborhood meeting on Thursday May 7, 2015 at the White Cross
Recreation Center. Staff was in attendance to respond to questions about the review process
only.
This item has been submitted to the State Clearing House for review. Initial comments have not
indicated a concern. A formal response is expected by May 28, 2015 and will be forwarded to
BOCC and Planning Board members.
Notification Requirements: Per Sections 2.7.5 of the UDO, staff has caused a notice of this
hearing to be published: `as least twice in a newspaper of public circulation in the County for
two (2) successive weeks: ` no less than ten (10) days nor more than twenty -five (25) days'
before the public hearing.
On May 8, 2015 staff sent written notice by certified mail to all adjacent property owners located
within 500 feet of the subject property of the date, time, and location of the public hearing where
the application was going to be reviewed. On May 15, 2015 a sign was posted on the property
providing the date, time, and location of the public hearing. For more information please refer to
Attachment 5.
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. Receive the application,
2. Conduct the Public Hearing and accept sworn testimony.
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 1, 2015 BOCC regular
meeting.
4. Adjourn the public hearing until September 1, 2015 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
APPLICANT INFORMATION:
Agent: Beth Trahos Smith Moore Leatherwood LLP Phone: 919.755.8760
Address: 434 Fayetteville Street, Suite 2800 Cell Phone: 919.306.1394
Raleigh, North Carolina 27601
E -mail: beth.trahos@smithmoorelaw.com
Address of subject property: 1606 White Cross Road, Chapel Hill, NC
Parcel Identification Number (PIN): 9748 32 0786 Lot Size: 35.8± acres
Zoning Designation: AR
Other Overlay Zoning Districts:
Watershed Overlay:
Request (include detailed description of proposed land use): Please see the attached brief.
7
SUBMITTAL INFORMATION Per Section 2.7.3 of the Unified Development Ordinance (UDO), all
Class A Special Use Permit applications are required to submit the following:
I ) 26 copies of a site plan prepared by a registered North Carolina land surveyor, landscape architect, architect, or
engineer containing all required information detailed within Section 2.5 of the UDO. This site plan will also need to
contain all relevant information demonstrating that the proposed special use compliance with all general and specific
standards governing the proposed special use as detailed within Article(s) 5 and 6 of the UDO.
2) A detailed narrative outlining the proposed land use including operational requirements, the location of facility,
appearance, etc.,
3) Documentation establishing compliance with Section 5.3.2 inclusive of the UDO.
4) The names and addresses of the owners involved with the project,
5) A list of property owners within 500 feet of the subject parcel and the name and address of each property owner, as
currently listed in the Orange County tax records,
6) Elevations of all structures proposed to be used in the development,
7) 26 copies of the Environmental Assessment and/or Environmental linpact Statement if required by Section 6.16 of the
UDO,
8) Statement outlining the anticipated development schedule for the completion of the project,
** NOTE It should be remembered that the review of all special use permit applications /modifications
are carried out in a quasi- judicial format meaning that decisions relating to the approval or denial of an
application are based solely on the sworn testimony of all parties involved with the case, both. those for
and against an application, as well as the review of competent material and substantial evidence
submitted during the public hearing.
Further the applicant has the burden of establishing, by the submission of competent material and
substantial evidence, the existence of facts and conditions that demonstrate the projects compliance with
the various requirements and standards detailed within the Unified Development Ordinance. **
I (we), the undersigned, have been made aware of the process for the review and action associated with a
Class A Special Use Permit application and understand that only completed applications, containing all
information required by the Orange County UDO shall be reviewed and acted upon by the County.
I (we) understand that it shall be my (our) responsibility to present evidence to the County in the form of
sworn testimony, exhibits, documents, models, plans, and the like support the request for approval of the
Class A Special Use Permit.
Further I (we) understand that any assistance I (we) may receive from County staff in preparing this
application in no way guarantees a favorable recommendation by staff on the merits of this proposal nor does
it u antee an approval, the request by the County.
/fir
Applicant V" f �' Date:
Applicant Date:
9
STATE OF NORTH CAROLINA BEFORE THE BOARD OF
COMMISSIONERS AND PLANNING
BOARD
COUNTY OF ORANGE
IN RE: White Cross Solar, LLC- Solar Array- Public Utility
Orange County PIN: 9748 32 0786
Address: White Cross Road, Chapel Hill, North Carolina
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 Array -
Public Utility. In support of this request, Petitioner provides the following information:
I. Introduction
White Cross Solar, LLC proposes to construct a solar array - public utility on 35.8± acres
of land owned by William and Carol Byron. The property is located on White Cross
Road near its intersection with Old Greensboro Road. The property is currently zoned
Agricultural Residential (AR). Adjacent properties are developed as homes, a church, a
recreational area and farms. Adjacent properties are also zoned Agricultural Residential
(AR).
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 array- public utility will contain rows of Photovoltaic (PV) cells mounted on
posts set in the ground individually in an 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.
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
10
environmental impact. The demand for power will not decline. We must embrace
renewable means of power generation.
II. Statement in Support of Application
This Class A Special Use Permit application for a Solar Array - Public Utility meets all
general standards for approval as required by Section 5.3.2 (A), those specific standards
required by Section 5.3.2 (B), and the requirements of 5.9(C). This Statement addresses
both general and specific standards as required by Orange County Ordinance.
A The use will maintain or promote the public health safety and general welfare, if
located where proposed and developed and operated according to o the plan as submitted.
The proposed solar array — public utility will not materially affect the public health or
safety. Access to the site will be from White Cross Road. The site will generate virtually
no traffic. The solar array — public utility 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 array — public utility will be enclosed by an eight foot (8')
high fence and gated for security purposes. Access codes to the gate will be provided to
local police, fire, and 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, solid waste, and water on the site.
The proposed solar array — public utility 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 stormwater 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. A solar
array — public utility is 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
11
being created and no noise on the site. Solar array — public utility 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.
C The location and character of the use if developed according to o 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 array — public utility is consistent with the land use pattern that exists
in the area today. The site of the proposed solar array — public utility. In fact, there is an
existing solar utility located along White Cross Road in this area. A Type D Land Use
buffer will be provided in accordance with the Orange County Code.
The proposed solar array — public utility 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. The Orange County Comprehensive Plan
designates this as an area of Commercial - Industrial Transition. Allowing the subject
property to develop as a solar array — public utility provides an opportunity for locally
generated energy resources in Orange County and creates income for the property owners
and tax base for the County.
The proposed solar array — public utility 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 method and provision of sewage disposal facilities solid waste and water is
adequate.
This facility will be unmanned- there will be no space designed or utilized for human
occupancy. Water and sewage disposal facilities are not necessary, and will not be
provided to the site. Solid waste disposal will be similarly unnecessary. Any refuse
generated by landscape maintenance or facility repair will be removed from the site and
disposed of by the professional service providers using approved and safe methods.
E. Police fire and rescue squad protection is sufficient to the site.
There will be little, if any demand for police fire or rescue squad protection at this
location. The facility will be unmanned with no space designed or utilized for human
occupancy.
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F. Vehicular access to the site and traffic condition around the site are acceptable.
Access to the property will be directly off of White Cross Road. Traffic conditions
around the site are acceptable. The proposed Solar Array- Public Utility will generate less
traffic than one (1) single family home after construction.
G. The proposed Class A Special Use Permit is for a Solar Array - Public Utility
subject to the requirements of Section 5.9.6 (C)(2) and (3) as follows:
(a) All on -site utility and transmission lines shall, to the extent feasible, be placed
underground.
Utility and transmission lines shall be placed underground to the extent
feasible.
(b) The height of proposed arrays and support structures shall not exceed 40 feet.
Arrays, support structures and invertors do not exceed forty feet (40') in
height.
(c) Individual arrays /solar panels shall be designed and located in order to prevent
reflective glare toward any inhabited buildings on adjacent properties as well as
adjacent street rights -of -way.
Reflective glare is not ordinarily associated with solar panels. Solar
panels absorb rather than reflect light. The Federal Aviation
Administration has given permission for solar panels to be located at
airports where reducing glare is of paramount importance. The site will be
designed to avoid glare toward inhabited buildings on adjacent properties
as well as adjacent street rights -of -way.
(d) A clearly visible warning sign concerning voltage must be placed at the base
of all pad- mounted transformers and substations.
The site will be appropriately signed.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a minimum
eight (8) foot high fence with a self - locking gate and provided with screening in
accordance with the provisions of Section 6.8.
The site will be enclosed in accordance with this section.
13
(f) The applicant shall submit proof of liability insurance covering bodily injury
and property damage demonstrating a minimum coverage limit of $ 500,000.00
per occurrence.
Appropriate liability insurance will be provided for the site.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement or leasehold area located adjacent to property
zoned, or otherwise utilized for residential use except where such property is
owned, leased or consists of other utility easements currently used for electrical
distribution or transmission purposes. Existing vegetation may be used to satisfy
the landscapin requirements.
A buffer meeting the Orange County Code, Unified Development
Ordinance is shown on the associated site plan and will be maintained on
the subject property.
(h) Decommissioning
The applicant and owners, as appropriate, agree to the following as conditions in
case the utility is to be abandoned;
(i) The owner /operator of the facility is required to notify the Orange
County Planning Director in writing 60 days prior to the planned cessation
or abandonment of the facility for any reason. This notice shall provide the
exact date when the use of the facility will cease.
(ii) Documentation shall be provided indicating that the public utility
purchasing the power has been made aware of the decision.
(iii) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(iv) Once the infrastructure is removed the property, the owner shall
obtain the necessary Erosion Control permits to re- stabilize the property.
The time frame for completion shall be determined by the Orange County
Erosion Control Officer.
(v) The owner shall provide financial security in form and amount
acceptable to the County to secure the expense of dismantling and
removing said structures.
(vi) Upon removal of the facility, the Department shall cause a notice to be
recorded within the Orange County Registrar of Deeds office indicating
that the Class A Special Use Permit has been revoked.
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III. Anticipated Development Schedule for Completion of the Project
We expect to begin construction on the Solar Array-Public Utility within six (6) months
of approval by Orange County. Construction should take roughly four months. We expect
the facility to be operational by the end of 2016.
15
1111liq p 11 q qi�ii;
Project Name: White Cross Farm Solar Array — Public Utility_
Applicant: White Cross Solar, LLC and William & Carol Byron
Acreage: 35.8 Ac
Tax Map Reference:
Township: Bingham
PIN(s): 9748320786
Date Received: Reviewed by:
Date Accepted/ ejected:
Summary Comments:
I® General Site Information:
TO BE COMPLETED BY THE APPLICANT, WITH ASSISTANCE FROM PLANNING
DEPARTMENT AS NEEDED
A. Zoning and use of adjacent property:
South: AR; Residential /Wooded Land
West: AR; Residential /Wooded Land
Highest Elevation: 580 ft.
Lowest Elevation: 535 ft.
General Direction of Slope: North and South
Estimated % of property with:
0 -5% Slope: 0%
5 -15% Slope: 100% 2 to 6% and 6 -10% Slopes — Per USDA Soils Map)
15 -25% Slope: 0%
More than 25% Slope: 0%
(Required only for the portion of the site associated with or impacted by the
proposed activity)
Ca Drainage:
Are there any streams or drainage easements located on the property?
Yes, one jurisdictional stream is located along the eastern property line near
State Road 1951. There is a wetland located adjacent to the stream channel near
State Road 1951 as well. (see attached map)
Is any of the site within a:
Watersupply Watershed:
Water Quality Critical Area:
Floodplain:
Describe:
Yes — Haw River Protected
No
No
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D. Does the property contain any of the following Inventory of Natural or
Cultural Resources?
(As identified in the "Inventory of Sites of Cultural, Historical, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of
Orange County" or the "Inventory of Natural Areas and Wildlife Habitats of
Orange County, North Carolina ".)
For each "yes" answer above, please indicate the location on site plan and
complete the following, with the assistance of the Orange County
Environmental Planner. Also complete Attachment A.
1
K
Type of Resource:
Inventory reference no. or page:
Description of Resource:
Type of Resource:
Inventory reference no. or page:
Description of Resource:
(Attach additional sheets if needed)
17
Yes
No
1.
Cemeteries
X-
2.
Archaeological sites
X
3.
Historic sites
X
4.
Areas of geological significance
X
5.
Designated natural areas
X
6.
Designated habitat
X
7.
Other
X
For each "yes" answer above, please indicate the location on site plan and
complete the following, with the assistance of the Orange County
Environmental Planner. Also complete Attachment A.
1
K
Type of Resource:
Inventory reference no. or page:
Description of Resource:
Type of Resource:
Inventory reference no. or page:
Description of Resource:
(Attach additional sheets if needed)
17
1. 1
1. Describe proposed use of property:
This project proposes the development of a solar electric power plant. The
White Cross Farm is located on Mate Road 1951 (White Cross Road) in
Chapel Hill, Orange County, North Carolina. The project site consists of a
leased portion of one parcel. The property PIN is 9748320786 (35.8
acres). The project area contains approximately 22.0 acres of vacant
wooded land. The site is surrounded primarily with wooded and
residential lands with White Cross Recreational Center along the eastern
property line. The existing soils within the project site are Appling sandy
loam "ApB ", Georgeville silt loam "GeB" and Georgeville silt loam
"GeC ". The entire site is in hydrologic soils group `B" (see attached
soils map). The site surface drainage flows from a high point thru the
middle of the proposed site north toward Wildcat Creek and south toward
Terrells Creek. There is a jurisdictional stream located along the eastern
property line near State Road 1951. There is a wetland located adjacent to
the stream channel near State Road 1951 as well. FIRM Panel
3710974800) indicates the project limits do not lie within a special flood
hazard area. The site is located in the Cape Fear River basin. Project
site Latitude and Longitude is 35.901348° and - 79.190065 °.
The proposed solar farm will consist of fixed solar panels,
inverter /transformer areas and a chain link fence along the perimeter of the
array. The project will also include temporary laydown and parking areas
and a permanent driveway apron along State Road 1951. The installation
of the solar panels themselves will not generally create significant land
disturbance. The panels will be mounted to racks, which are supported by
a series of posts. The posts will be driven directly into the existing ground
without excavation or land disturbance and the existing ground cover will
be allowed to remain to the extent possible. The project area true
disturbance caused by rubber tire vehicles accessing the site to distribute
and install above grade material, a dozen or so small trenches (2' wide, 36"
deep) for wiring the array and rack posts mechanically driven directly into
the ground, is typically about a third of the project limits. All areas
downslope of disturbed areas will be protected by silt fence, diversion
ditches and sediment basins as needed. No change in drainage patterns
(site drainage remains as sheet flow) or ponding of water will occur as a
19
result of this project. At the completion of construction, the entire site will
be seeded to create a good stand of grass.
The typical construction schedule for these standard farms is
approximately three months. Energy generated by the farm will be
distributed to Duke Energy customers.
2. Number of lots: 0
3. Number of structures: 0
4. Estimated square footage of area to be graded for development of attached
residential units (excluding roads, but including parking areas): 0
5. Estimated square footage of area to be graded for non-residential use
(excluding roads) Approx. 4,000 sf (Inverter Pad areas)
6. Estimated area to be graded for roads
7. Road Type: Public N/A Private
Class A N/A
Class B N/A
8. Hours of operation for commercial or industrial use:
The solar farm will operate year round and generate electricity duri ng
daylight hours. The facility will be monitored remotely. Security and
minimum maintenance are the only periodic activities anticipated. Daily
operation does not require permanent on-site employees.
B. State Permits Required:
1. Does the project involve the mining of earth products?
If so, how many cubic feet of material are expected to be excavated?
No — N/A
Has an application for a Mining Permit been submitted to NCDRCD?
N/A ___
P
Please attach map indicating expected extent of proposed activity.
N/A
2. Does the project involve generation or storage of hazardous or toxic
wastes, as identified by the Environmental Protection Agency? (A listing
of all hazardous materials is available from the Planning Department)
Describe the wastes to be generated. There will be no hazardous
material stored or introduced on site.
How much material is expected to be generated per month?
N/A
Will any material be treated onsite? N
Volume?
Will any material be stored onside? No
Volume?
Where will disposal of the material take place?
N/A
How will materials be transported to the disposal site?
N/A
What measures are proposed to protect water quality and air quality in case
of spills?
N/A
3. Will the project involve a land application system for treatment of
wastewater? No wastewater treatment is proposed for this project.
If yes, describe
Has an application for a non - discharge permit been submitted to the NC
21
Department of Environmental Management or Orange County Department
of Environmental Health? N/A
4. Is a septic tank system proposed which as a design capacity of more than
3000 gallons per day?
If yes, describe No septic systems are proposed for this project.
Has an application for a non-discharge permit been submitted to the NC
Department of Environmental Management or Orange County Department
of Environmental Health? N/A
5. Does the activity involve sludge disposal? No
If yes, where is the source of the sludge? N/A
Describe where and how the sludge is being disposed.
N/A
Has a NPDES permit from the NC Division of Environmental
Management been issued? N/A
6. Water Usage: N/A
a. Estimated no. of employees x 25 gpd = gpd
b. Estimated water use for climate control = gpd
c. Process water:
% consumed
% discharged to septic system
% discharged to surface (including storm sewers)
(describe: )
% evaporated
% reclaimed/reused
% other
100%
d. Water used for cooling, heating, etc., in association with production or
manufacturing
% reused
22
% consumed
% discharged
(describe:
100%
gpd
Total Water Usage
Describe source of water:
N/A — No new water connections or changes are proposed with this
project
23
ATTACHEMENTA
TO BE COMPLETED IDENTIFIET
1.
(ATTACH ADITIONAL SHEETS IF NECESSARY)
a. Impact on Resource from Proposed Development
b. Proposed Mitigation
b. Proposed Mitigation
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Soil Map — Orange County, North Carolina
Map Unit Legend
White Cr9§ Solar
Orange County, North Carolina (NC135)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
ApB
Appling sandy loam, 2 to 6
percent slopes
6.0
25.4%
GeB
Georgeville silt loam, 2 to 6
percent slopes
13.7
58.3%
GeC
Georgeville silt loam, 6 to 10
percent slopes
3.8
16.3%
Totals for Area of Interest
23.5
100.0%
USDA Natural Resources Web Soil Survey 3/2/2015
Conservation Service National Cooperative Soil Survey Page 3 of 3
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Site Assessment for PIN:9748 -32 -0786 Environmental Features
- Stream buffer located ., lot. Stream buffer is 80 ft (9thod A
Site Data 9.6 %).
Zoning: AR - Agricultural Residential
Acreage:34.41 acres Impervious Surface Limits: 24% max. ( 359,735.9 sq. ft. max based
Overlay Districts: Haw River Protected on 34.41 acres).
Plat/Legal Description: DB 4881 / PG 313 Plat Book 81 / PG 31
Recorded Declarations /Covenants: Not Found Land Disturbance Thresholds
1) Environmental Control Permit required if disturbing more than
Zoning Requirements 20,000 sq.ft.; and
Min. Lot Size: 40,000 sq. ft. 2) Stormwater Management Permit required if disturbing more
Min. lot width: 150' than 43,560 sq. ft. for residential structures.
Maximum height: 25'
Building Setbacks: Date Site Assessment Completed: 3/27/2015 by SMS
-Front (and Corner lots) = 40' from public rights -of -way
-Side Setbacks = 20' from side lot lines
-Rear Yard Setback = 20' from rear lot lines
Note: Lot size, building setbacks and stream buffers may
increase based on Private Road Justification (UDO 7.8.5).
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PIN #: 9748320786
CAROL B BYRON
WILLIAM J BYRON
1606 WHITE CROSS RD
CHAPEL HILL, NC 27516
Streams (Deleted)
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Attachment 2 - Vicinity Map 35
+N 0 M
1 inch = 294 feet
Orange County Planning and Inspections Department
05/11/2015
36
Attachment 3
Patrick R. Mallett
From:
Rich Shaw
Sent:
Thursday, May 14, 2015 1:59 PM
To:
Patrick R. Mallett
Cc:
Peter Sandbeck
Subject:
White Cross solar array
Patrick,
Thank you for the opportunity to review and comment on the proposed new solar array at White Cross.
37
There do not appear to be any significant natural resource areas (e.g., natural heritage sites, proposed wildlife corridors,
prime forest) located on this property. There is a stream corridor documented along the northeastern property
boundary, but the solar arrays appear to be contained well outside of the stream corridor. Therefore, the plan appears
consistent with the County's desire to minimize adverse environmental impacts with respect to the protection of
floodplains, wetlands, natural areas and wildlife habitat.
The project is also consistent with policies in the Orange County Comprehensive Plan, such as the goal of "Energy
conservation, sustainable use of non - polluting renewable energy resources, efficient use of non - renewable energy
resources and clean air." [Natural and Cultural Systems Goal 1, Page 6 -34] and the County's objective of "Foster[ing]
participation in green energy programs such as installation incentives for solar hot water /solar generation /solar
tempering in residential and commercial construction." [Objective AE -151
Let me know if you have any questions,
Rich
Rich Shaw, Land Conservation Manager
Orange County
Department of Environment, Agriculture, Parks and Recreation
306A Revere Rd / PO Box 8181 / Hillsborough NC 27278 / 919 - 245 -2514 / http: / /www.co.orange.nc.us
W
Patrick R. Mallett
To: Jeff Scouten
Subject: RE: White Cross Solar Facility - Plan Review Comments
From: Jeff Scouten
Sent: Tuesday, April 07, 2015 9:25 AM
To: Patrick R. Mallett
Subject: White Cross Solar Facility - Plan Review Comments
Pat:
For the subject Class A SUP project, please have the applicant place the attached notes in a conspicuous place on the site
plan.
In addition, they will need to fill out the attached Solid Waste Management Plan document and return it to me for
review and approval.
Thanks and let me know if you have any questions or wish to discuss further.
Jeff Scouten
Environmental Enforcement Supervisor
Orange County Solid Waste Management
P.O. Box 17177
Chapel Hill, NC 27516 -7177
919 - 968 -2788 x 107 (Office)
919 - 932 -2900 (Facsimile)
iscouten @orangecountync.gov
http: / /orangecountync.gov /recycling /candd.asp
ORANGI COUNTY
put/\
rt-
�cv�e�
39
Michael Harvey
From: Jason Shepherd
Sent: Tuesday, May 12, 2015 8:18 PM
To: Michael Harvey; Sam M. Schultz; Patrick R. Mallett
Subject: White Cross Solar
The Fire Marshal Division does not have any comments for this project.
Thank you,
Jason
Sent from my iPad
W
MEMORANDUM
TO: Michael Harvey
COPY TO: Patrick Mallett
FROM: Howard W. Fleming, Jr., PE, Engineering /Stormwater Supervisor
DATE: 05/07/15
PROJECTS: Various
SUBJECT: DAC Reviews, May 7, 2015
PROJECTS REVIEWED REQUIRING E &SC COMMENTS:
SU15 -0002 (White Cross Solar LLC): Special Use Permit Class A
Having reviewed the subject project, Erosion & Sedimentation Control / Stormwater staff
members understand this proposal must proceed through certain discretionary actions in
order to determine functional and economic viability, prior to the developers investing in
more detailed design and subsequent jurisdictional submittals for compliance reviews and
permits.
That being stated, we find no fundamental objections to these projects moving forward
through discretionary approvals, subject to future submittals addressing the requirements in
the Unified Development Ordinance pertaining to Erosion & Sedimentation Control and
Stormwater.
We do ask that the permit contain a condition requiring the issuance of required Erosion
Control /Stormwater permits prior to any earth disturbing activity.
C: \Users\mharvey\AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. OutlookWEZOVO4V\HWF- OC- ESC_DAC-
Memo050715.doc
r
,;
linproving health. Inspiring chango.
To:
Michael D. Harvey AICP, CFO, CZO
Current Planning Supervisor - Planner III
Orange County Planning Department
From:
Albert Mills
Soil Scientist
Environmental Health Division
Orange County Health Department
RE: White Cross Solar, LLC; SU15 -0002
Michael,
Environmental Health has reviewed the proposed Solar Project.
There does not appear to be any well or septic systems proposed for this project. Therefore,
Environmental Health has no comments for this project.
919 245 2360 131 West Margaret Lane, Suite 100 y Hillsborough, NC 27278 )�, orangecountync.gov
41
42
May 14, 2015
Owners:
Mr. William and Carol Byron
1606 White Cross Road
Chapel Hill, NC 27516
Attorney for Applicants:
Mrs. Beth Trahos
Smith Moore Leatherwood LLP
434 Fayetteville Street, Suite 2800
Raleigh, NC 27601
Project Engineer:
Mr. George Retschle, PE
Ballentine & Associates, PA
221 Providence Road
Chapel Hill, NC 27514
NOTICE OF STAFF REVIEW AND COMMENTS:
REVIEW CLASS A SPECIAL USE PERMIT MATERIALS
1606 White Cross Road, Chapel Hill, NC 27516
(Orange County PIN 9748 -32 -0786)
Dear Owners and Consultants:
On February 25, 2015 the Orange County Planning Department received a formal Class A
Special Use Permit (SUP) application package and Plans proposing a solar array - public utility at the
above location. The proposed facility will utilize approximately 20 acres of the 35.88 acre tract.
Approximately 11.5 acres of this area will contain the enclosed solar array panels.
Staff determined on March 11, 2015 that the materials submitted were sufficient to proceed with the
SUP process as defined in Section 2.7 of the Orange County Unified development Ordinance. On March
13, 2015 Orange County Planning Staff delivered courtesy review copies of the submitted materials to the
NCDOT District Engineer, Towns of Chapel Hill and Carrboro for professional review and comment. On
the morning of April 8, 2015, 2015 Orange County Staff presented the case before Orange County
Development Advisory committee (DAC), and on the evening of April 8, 2015 a Neighborhood
Information Meeting (NIM) was conducted. An additional neighborhood meeting was also hosted by the
applicants at the White Cross Recreational Facility on May 7, 2014.
Below are staff comments and questions regarding your request. These are intended to help you craft
your materials, evidence to be submitted at the Quasi - Judicial hearing to be held by the Orange County
Board of Commissioners (BOCC) tentatively scheduled for May 26, 2015 Public Hearing
SITE PLAN DRAWINGS (SheetC1001):
Please include the following information graphically on the plan and /or the notes:
1. Include the soils types for the property.
2. Provide a general description of the existing vegetation within the subject area (e.g. XX%
hardwood and YY% evergreen trees and shrubs ranging in height from XX' to YY' feet and
ranging in size from XX" to YY" caliper inches.
3. Include a general legend (e.g. canopy, understory hardwood /evergreen) for the typical 100' long
section of the buffer (detail A -5). Also include a minimum rate.
4. Indicate that the buffer will achieve an opacity height of XX' feet in height within 3 -5 growing
seasons.
5. Add a landscape note that existing vegetation and supplemental plantings may be provided
between the 50' buffer and the fence areas to achieve an opaque screen.
6. Indicate a range of spacing between rows for the solar panels as well as a range of height and
width of the panels in detail A -4.
7. Label the 30' wide Type B Buffer along White Cross Road.
8. Revise or clarify the label "Proposed Lease Line." Our understanding was that this was a
purchase agreement. Also label this line and perimeter as "Limits of SUP."
II. SITE PLAN SECTIONS (SheetC1002):
Please include the following information graphically on the plan and /or the notes:
1. Include a sampling of distances, spot contour elevations and a vertical heights to illustrate the
relationship of the solar arrays with adjacent properties.
2. Illustrate adjacent structures in the Section Key Map.
3. C -3 Section label distance to Haggerty House.
As discussed in our meetings, we encourage you to address the above comments before the Public
Hearing. We understand that you plan on submitting the 20 BOCC plan sets today, these revisions are
minor in nature and can be entered into the record the day of the Public Hearing.
We also encourage you to start preparing your evidence to be entered into the record as well as
the expert witnesses you may need to address any concerns or specific findings of fact.
As always, we will be more than happy to review (and /or meet with you in person) to ensure your
materials address the stated concerns and /or required findings of fact for the Class A SUP. Please feel
free contact me anytime at 919 - 245 -2577 and /or pmallett(i�.orangecoimtvnc. ()ov.
ZD
Very Respectfully,
1'i t ic% 7Z. A1LAJ[t t
Pat Mallett, Planner II
CC: Michael Harvey, Planner III, Current Planning Supervisor; and File
W
43
45
Attachment 4
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245 -2575 Suite 201
(919) 644 -3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
WHITE CROSS FARM SOLAR ARRAY — PUBLIC UTILITY
NEIGHBORHOOD INFORMATION MEETING HIGHLIGHTS
THURSDAY, APRIL 9, 2015
LOCATION: ORANGE COUNTY PLANNING CONFERENCE RM 4.
TIME: 5:30- 7:30PM
MEETING ORGANIZER: WHITE CROSS SOLAR, LLC AND PROPERTY OWNERS
WILLIAM AND CAROL BYRON
Per Section 2.7 of the Orange County Unified Development Ordinance (UDO), a Neighborhood
Information Meeting (NIM) was held on April 9, 2015 from 5:30 to 7:30 p.m. to review and allow
comment on the proposed development of a solar facility on a parcel of property off of White
Cross Road.
Specifically, the applicants have submitted a Class A Special Use Permit (SUP) application
seeking to develop a solar array - public utility at 1606 White Cross Road, further identified
utilizing Orange County Parcel Identification Number (PIN) 9748 -32 -0786. As proposed, the
solar facility would occupy a 20 acre portion of the existing 35.88 acre tract.
An overview of the project is as follows:
White Cross Solar Array — Public Utility Overview:
Applicant: White Cross Solar, LLC and property owners William and Carol Byron
Location: 1606 White Cross Road (S.R. 1951), Chapel Hill, NC
PIN: 9748 -32 -0786
Legal Description: DB 4881/PG 313; and PB 81 /PG 31
Zoning: Agricultural Residential (AR)
Overlay Districts: Haw River Protected Watershed Overlay District
School District: Orange County Schools
Utilities: No septic systems are proposed for this project; proposed public utility of solar
energy
Total Acreage: 35.8 acres (request will utilize approximately 20 acres of the current
parcel)
Access: Vehicular access to the solar array - public utility is proposed directly off White
Cross Road.
EN
Proposal: The applicant is proposing a solar array - public utility via White Cross Road to
develop several rows or "solar arrays" of mounted Photovoltaic Cells. The system will
generate electricity that in turn will be sold to Duke Energy for the purpose of
contributing to the power service grid for the area.
Approximately 16 adjacent property owners and area residents attended the meeting. The
request was presented by Beth Trahos, attorney for the applicants and George Retschele, the
project Engineer.
Meeting Highlights:
Orange County Planning staff gave the 16 attendees an overview of: the SUP process;
the application; the site; surrounding area; site environmental constraints, the zoning and
special use permit requirements, and the tentative schedule for the SUP's review and approval
or denial by the Orange County Board of Commissioners.
Beth Trahos and George Retschle presented the specifics of the application and gave
an overview of the site, the subject area, the nature of the solar facility, the public benefits,
technical information on the solar arrays, inverters and site maintenance. Ms. Trahos also
introduced the potential developer, Cypress Creek Renewables, and offered to conduct
additional neighborhood meetings as desired by the area residents.
An adjacent property owner asked to make a few remarks on behalf of his interests and
that of many who live in the area. He noted that the mailing notification distance was not far
enough out (i.e. only 500 feet form the subject property) and that many residents would be left
"out of the loop" regarding the proposal and the process. He offered to take additional materials
and work with residents to post information via various community networks. He also had
questions regarding the size of the proposed solar array, the Annual Report of the developers
and utility company, the location of the solar arrays, ability to change the plan, potential impacts
to the adjoining properties and vehicular access to Old Greensboro Road.
The applicant reviewed the plans illustrating the limits of the request, the proposed
access via Old Greensboro Road, background of the developer and the design of the solar
array systems. The applicants also offered to host /participate additional meetings with residents
so they could be fully informed.
Staff reminded all those in attendance the NIM is advertised utilizing 2 methods,
specifically a direct mailing and the posting of a sign on the property advertising the meeting's
date and time. Staff also indicated information on the application and the NIM was placed on
the County website. There was general discussion over advertising requirements, at both a
County and State level, for SUP projects.
Staff then opened the meeting up to discussion from the audience.
Attendees asked the applicants questions regarding the view from the adjacent
properties, landscaping property values, the buffer, noise traffic, maintenance, limits of
disturbance and procedures for entering evidence into the record. The applicants and staff
answered these questions as well as the specific performance standards for solar array facilities
(e.g. 50' type D buffer requirements, fencing, stormwater and erosion control permitting).
47
An adjacent property owner to the north complained she would be adversely impacted
by having 2 solar projects near her property (STAFF NOTE: there is a facility, approved by the
County in 2012, north of this property operated by Strata Solar). Further she lamented the fact
that numerous existing, mature, trees would have to be removed to accommodate the facility.
The applicant reviewed the landscape and buffer requirements associated with the project and
provided graphic examples of how the required buffers would look like.
An attendee asked if the County would cover the costs incurred by adjacent property
owners to hire experts to argue against the project. Staff responded the County was not legally
or financially responsible for assisting property owners secure the necessary experts to argue
for or against a SUP application. There was additional discussion about the SUP review and
approval process.
Staff concluded the meeting with a summary of the next steps in the process. The
meeting was adjourned at approximately 7:30pm.
MR
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning 131 W. Margaret Lane
(919) 245 -2575 Suite 201
(919) 644 -3002 (FAX),`( j''` j I' P. O. Box 8181
www.orangecountync.gov NORTH[ CAROLINA Hillsborough, NC 27278
March 23, 2015
NOTICE OF NEIGHBORHOOD INFORMATION MEETING (NIM):
RE: NOTIFICATION OF A NEIGHBORHOOD INFORMATION MEETING
REVIEW of a Special Use Permit (Class A) application proposing
development of a parcel of property totaling 35.8 acres located on in the
northeastern quadrant White Cross Road (SR 1951) and Old Greensboro
Road (SR 1005) within the Bingham Township into a solar -array public utility.
Dear Property Owner:
The Orange County Planning Department has received a Special Use Permit (Class A),
submitted by White Cross Solar, LLC proposing the development of a 35.8 acre parcel
of property located at 1606 White Cross Road into a solar array public utility.
The subject parcel is further identified utilizing Orange County Parcel Identification
Number (PIN) 9748 -32 -0786, located within the Bingham Township of Orange County,
and zoned Agricultural Residential (AR). Please refer to the attached vicinity map for
additional site information and location details.
The application calls for the development several rows or solar arrays of mounted
Photovoltaic Cells. This system will generate electricity that in turn be sold to Duke
Power for the purpose of contributing to the power service grid for the area.
In accordance with Section 2.7 of the Orange County Unified Development Ordinance
(UDO), the County is required to hold a Neighborhood Information Meeting (NIM) for all
Class A Special Use Permit applications. This meeting is intended to provide property
owners within 500 feet of the request an opportunity to meet with the applicant and
discuss the specifics of the project. This allows for an open dialogue between the
applicant and local residents to share information and address potential concerns
associated with the project. Staff's role is to facilitate this meeting and explain the
development review process and the requirements associated with the project.
A NIM has been scheduled for April 9, 2015 from 5:30- 7:00pm in the ground floor
conference room of the West Campus Office building located at 131 West Margaret
Lane in Hillsborough. Please see attached map outlining the location of the building.
Parking spaces are available within the adjacent, County owned, parking deck free of
charge.
i •
If you require additional assistance, please contact a Department staff member at (919)
245 -2575. Thank you for your attention to this matter.
Sincerely,
Michael D, Harvey AICP, CFO, CZO
Current Planning Supervisor
Orange County
k NA
Patrick Mallett
Planner II
Orange County
CC: File
Attachments: Vicinity map of Subject Property; NIM Vicinity Map
50
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Red: Band _1
Green: Band-2
Blue: Band-3
sr,t N 1 Inch= 294 feet
4--p�
Orange County Planning and inspections Department
03/04/2015
51
The purpose of this fact sheet is to provide a breakdown of Orange County's Special Use Permit submittal and
review process.
The information contained herein provides an explanation on the nature of the pennit proceedings, the
presentation of evidence, burden of proof, what constitutes testimony and who can present evidence, and your
rights with respect to challenging a decision to either approve or reject a SUP application.
1. What is a Special Use Permit?
A Special Use Permit (SUP) is a permit allowing for the establishment of certain uses, in certain
districts, that are considered worthy of additional scrutiny in their proposed location. Such uses typically
require special review for design, location, and impact on surrounding properties.
Orange County has 2 different categories of SUP, specifically:
i. Class A reviewed and acted upon by the Board of County Commissioners (BOCC), with a
recommendation from the Planning Board, and
ii. Class B reviewed and acted upon by the Orange County Board of Adjustment.
2. What is considered a `Special Use'?
A SUP is required for those specific land uses identified within the Orange County Unified
Development Ordinance (UDO) Table of Permitted Uses contained within Section 5.2.
These uses are identified in the UDO's Table of Permitted Uses with an `A" for Class A SUP and a `B'
for a Class B SUP. Some uses may be permissible in certain districts without restriction (referred to as
"uses by right "), but require the SUP in districts where their impact calls for special consideration.
Applicants are entitled to be granted a SUP if they can show that specific standards would be met.
3. When ore such applications reviewed?
Review of a SUP application occurs during a previously scheduled and advertised public hearings held
by either the BOCC or the Board of Adjustment.
The review of an application is a carried out in a quasi-judicial process.
The typical cadence associated with the review of a SUP is broken down in Section 2.7 of the UDO and
can be summarized using the following flow chart:
52
53
4. What floes quasi judicial process nrean?
Quasi-judicial decisions arise in a variety of local government settings.
During a quasi-judicial hearing, the Board (Le, BOCC or Board of Adjustment) responsible for
rendering a decision acts much like a panel of judges. The Board hears factual evidence and sworn
testimony presented at the public hearing and then makes a determination on whether the permit can be
issued based on the competent, substantial, and material evidence presented.
Put differently a quasi- judicial decision is one that requires the board hearing the matter to find facts and
make decisions by applying those facts to the standards in the Unified Development Ordinance,
5. Who may speak or present evidence at the public /tearing?
Both individual applicants and those individuals supporting, or opposed to, the application are
encouraged to attend. Individuals may represent themselves or be represented by an attorney and they
may have expert witnesses testify for them.
The cost for attorneys or expert witnesses is borne by the individual seeking counsel or expert
testimony, not the County. The County will not pay for, or reimburse, expenses incurred by an
individual in their quest to support or oppose a SUP application.
While not required by State or County regulations, all parties with an interest in a SUP application are
strongly advised to have an attorney represent them.
Engineers, architects, real estate agents, planners and other non- attorneys may only appear as expert
witnesses; they may not represent an applicant or those opposed to an application.
Only those with standing may speak or present evidence.
6. What are the responsibilities of the applicant?
The applicant bears the ultimate responsibility for producing and submitting competent, substantial, and
material evidence for the body reviewing the application to conclude the proposal complies with
applicable County regulations.
If they fail to submit evidence demonstrating compliance, the request is denied.
If, however, the applicant proves they comply, and there is insufficient evidence submitted to the board
hearing the case demonstrating they do not comply, the applicant is entitled to have the application
approved.
7. What standards must be met by the applicant?
All applicants must show compliance with the General Standards for all SUPS, as detailed within
Section 5.3:2 of the UDO, and any specific development standards associated within the proposed use.
The General Standards, as contained in Section 5.3.2, read as follows;
(a) 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;
(b) 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
(c) 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
54
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
8. Hoiv are decisions made?
Members of the board rendering the decision must make their decision solely on the competent, material
and substantial evidence presented at the hearing, both for and against an application.
Members cannot consider information obtained through independent research or undisclosed ex paste
communications, meaning members cannot have private discussions with individuals who support or
object to a specific application.
9. What exactly is ex parte communication and wiry is it not allowed?
Persons affected by a decision have the legal right to hear all of the information presented to members of
a board who will be rendering a decision on an SUP application, specifically they have a right to know
all of the "facts" being considered.
Therefore members of the decision - malting body are not allowed to discuss the case or gather evidence
outside of the hearing (what the courts term ex par,te communication). Only facts presented to the full
board at the. hearing may be considered.
This is an important point to remember when such applications are being reviewed. Members of the
board rendering the decision are prohibited from discussing the matter or receiving comment on .a
proposal.
These members are not trying to be rude or unsympathetic to your concerns. They are prohibited from
engaging in the conversation in the first place as they are required to guarantee an impartial hearing
where the `facts' are weighed' as they aro presented as to whether or not an application should be
granted.
10. You previously indicated decisions'aa-e based on evidence. Does this mean those presenting evidence
tat a SUP hearing have to he under, oath?
In a word, yes. All testimony, including from County staff, offered during the public hearing where a
SUP is reviewed must be under oath.
All persons wishing to speak will be given a reasonable time in which to be heard, however groups are
encouraged to select a spokesperson to speak for the group in order to avoid repetitive testimony.
11. Can people just speak to offer their opinion on the application?
Inflammatory, irrelevant, repetitive and incompetent testimony and hearsay is not permitted and the
chairman of the board hearing the matter has the right to limit and restrict such comments during the
public hearing.
For more information please refer to Section 2.7.7 (D) of the UDO.
12. What constitutes `competent, substantial, and material evidence' allowing for the apps -oval or a denial
ofaSUP?
Breaking down what constitutes evidence can best be summarized as follows:
i. Competent evidence: legally admissible under the rules of evidence unless admitted
without objection, or appears to be sufficiently trustworthy and is admitted under such
circumstances that it is reasonable for the decision - making body to rely upon it.
Evidence that can be subjected to cross - examination, inspection, explanation and rebuttal
(Le. expert testimony).
For example a realtor who has professional experience and accreditation can offer an
opinion if a specific project will or will not impact the value of adjacent property. An
individual with no background in the field cannot offer a `competent' opinion on the
55
subject. In this case it would not be considered as `competent' evidence and would be
inadmissible.
ii. Substantial evidence: evidence that which a `reasonable mind' would regard as
sufficiently supporting a specific result.
Would this persuade the average person to make a certain conclusion? Does it do more
than speculate?
iii. Material evidence: evidence that is relevant to the issue being considered.
For example if a board is reviewing an application for a kennel (i.e. a place where
dogs /cats are housed and cared for a period of time) an individual who is opposed may
submit documentation denoting noise complaints from other kennels throughout Orange
County. This could be construed as `material evidence'.
Documentation denoting animals have died in kennels throughout the county and, as a
result, this specific application should be denied is not relevant to the case at hand as it
has no specific relationship to what is being proposed. This would be deemed immaterial
evidence and would not be admissible.
As a general rule, anyone with knowledgeable information (i.e. relevant) to the case may provide factual
information, but only experts may provide opinion testimony.
Even expert testimony must be competent (i.e. the expert has qualifications relevant to the issue) and
material before the decision - making board can rely on it.
Hearsay evidence is testimony that the witness does not know of his or her own personal knowledge,
including that which someone else told the witness and the use or introduction of signed petitions and
letters.
The board may only hear testimony that focuses on the applicable standards and criteria established in
the UDO. Unless they are a qualified expert, Witnesses are not competent to testify about the impact of
a proposed land use on the value of nearby property, the danger to public safety resulting from increases
in traffic or other matters that require special training or expertise like the level of noise that will be
generated.
13. Cos: contitions be imposed on a SUP?
Generally, the board hearing the application may attach conditions to the approval of an SUP as it relates
to compliance with applicable standards. For example, a condition may require the applicant to increase
the size of a required setback or land use buffer in order to ensure the project complies with that specific
standard as detailed within the UDO. The Board cannot impose conditions addressing an issue not
related to an existing standard such as establishing hours of operation, color of buildings, etc.
Conditions cannot require the applicant to take action with regard to a piece of property that is not a part
of the application being considered, and conditions cannot require the alteration of a special use permit
previously issued to a third party.
14. Is there a record of the proceedings?
Complete records must be kept of the hearings. Detailed minutes must be kept noting the identity of
witnesses and giving a complete summary of their testimony. Any exhibits presented are retained by the
board and become a part of the file on that case. An audio recording of the hearing is also made.
15. How are parties notified of the decision?
The board rendering a decision on the application is required to make a formal decision on the
application (i.e, approve or deny) in writing and shall be based on the determination of facts and their
application to the specific standards for the particular use and the general standards contained in the
56
UDO. This includes providing specific details on the board's conclusions on each applicable standard
for a given SUP. Even if the application is denied, there is an obligation to make a detailed finding
identifying the evidence utilized to deny the application.
The written decision must be signed and becomes effective upon filing with the Planning Department.
A copy of the written decision must be delivered to the applicant, property owner, and others as required
by State law.
16 Are decisions oil SUP applications subject to further review?
Yes. Decisions of the BOCC or Board of Adjustment on a SUP application are subject to by the
Superior Court. Appeal applications must be filed within 30 days with the court from the date the
decision is made available. Please refer to NCGS 160A -393 and Section 2.12.5 (A) of the UDO for
additional information.
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Attachment 5
63
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) P. 0. Box 8181
www.orangecountync.gov N010`1-1 CARC)LINA Hillsborough, NC 27278
Mal
CLASS A SPECIAL USE PERMIT — WHITE CROSS SOLAR LLC
ORANGE COUNTY, NORTH CAROLINA
1, Michael D. Harvey, Current Planning Supervisor with Orange County, North Carolina, DO
HEREBY CERTIFY that in accordance with the provisions of Section 2.7.5 of the Orange
County Unified Development Ordinance (UDO) I have mailed, or have caused to be mailed,
a Notice of Public Hearing regarding the processing of a Class A Special Use Permit
application submitted by White Cross Solar LLC and William and Carol Byron to develop a
solar array — public utility on a parcel of property identified utilizing Orange County Parcel
Identification Number (PIN) 9748-32-0786 within the Bingham Township of Orange County.
The owners were identified according to the Tax Records and as required by Section 2.7.5
of the UDO.
The mailed notice specified the date, time, place and subject of the Public Hearing.
WITNESS my hand, this 8t" day of May, 2015.
MIchael D. Ha ey,"Altp
Current Planning Supervisor
M-1
Current Planning 131 W. Margaret Lane
(919) 245 -2575 Suite 201
(919) 644 -3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov FORTH CAROLINA Hillsborough, NC 27278
May 8, 2015
Subject: NOTICE OF PUBLIC HEARING — Review of a Special Use Permit (Class A)
application by White Cross LLC and William and Carol Byron proposing
development of a +/ -20 acre portion parcel of their 35.8 acre property locate at
1606 White Cross Road Chapel Hill, NC 27516
Dear Property Owner
The Orange County Planning Department has received a Special Use Permit (Class A)
application, submitted ,by White Cross Solar LLC and William and Carol Byron, proposing the
development of an approximately 20 acre portion of a 35.8 acre parcel of property located at
1606 White Cross Road into a solar array public utility.
The subject parcel is further 'identified utilizing Orange County Parcol Identification.-
Number (PIN) 974.8 -32 -,0786, -located within the Bingham Township of Qrange County, 'arid
zoned Agricultural Residential (AR) and Haw River Protected Watershed Overlay District.
Please refer to the attached vicinity map for additional site information and location details.
The application calls for the development several rows or solar arrays of mounted
Photovoltaic Cells within an enclosed area on the northern portion of the property. This system
will generate electricity that in turn be sold to Duke Power for the purpose of contributing to the
power service grid for the greater area. A typical array ranges in height fi-om 7 -10 feet, with
approximately 2 to 5 feet of ground clearance, and is 47 feet in length. The array area shall be.
screened by a 50 foot wide Type D landscaped buffer consisting of existing, and proposed vegetation
and a 6 foot high chain link security fence. Vehicular access to the site shall be restricted to one 24
foot wide access drive and security gate off of White Cross Road. The applicant is not proposing to
develop a business, or other similar office facilities on the property. As a result there is no septic
or well system proposed, or required, as part of the project.
In accordance with Section 2.7 of the Orange County Unified Development Ordinance
(UDO), the County is required to notify property owners within 500 feet of the request that an
application has been filed and that a Public Hearing will be conducted as part of the review
process. The Public Hearing for this item is scheduled for May 26, 2015.
As a property owner within 500 feet of the request, you have the right to address the
Board of County commissioners (BOCC) and Planning Board concerning this request.
65
The Public Hearing to review this case is scheduled for Tuesday, May 26, 2015 at 7:00
p.m. in Orange County Whitted Human Services Center Complex, 300 West Tryon Street,
Hillsborough, NC 27278. The case will be referred to the Orange County Planning Board for its
review and recommendation with the BOCC taking final action on the application at a future
meeting.
It should be remembered that the review of all SUP applications are carried out in a
quasi-judicial format, meaning that decisions relating to the approval or denial of a application
are based solely on the sworn testimony of all parties involved with the case, both those for and
against an application, as well as the review of competent material and substantial evidence
submitted during the public hearing.
While County regulations and State law do not require that parties be represented by an
attorney, it may be in your best interests to secure legal council to represent your interests at the
hearing.
Further the applicant has the burden of establishing, by the submission of competent
material and substantial evidence, the existence of facts and conditions that demonstrate the
projects compliance with the various requirements and standards detailed within the Orange
County Unified Development Ordinance (UDO). Those opposing approval of the application
shall have the burden of establishing, also through the submission of competent material and
substantial evidence, the specific manner in which the proposal does not satisfy the requirements
for approval of the application.
As previously indicated, the BOCC shall render a decision only ,on the sworn testimony
of all parties and on the competent material and substantial evidence submitted during the
hearing.
t
Agenda packet materials for the May 26, 2015 Quarterly Public Hearing shall be posted
on the Orange County website by May 15, 2015 and can be found at the following link:
http: / /www.oran eg_couiit rY e. og v/departments /board of county commissioners /a eg_ ndas php.
If you have any questions concerning this request, please contact staff at (919) 245 -2575.
Sincerely,
Michael , CFM, CZO
Orange County Planning
Attachments: Solar Farm Preliminary Site Plan
Vicinity Map of Property
Vicinity Map of Meeting Location
11
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LOCATION EXHIBIT
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Site Assessment for PIN:9748 -32 -0786
Site Data
Zoning: AR - Agricultural Residential
Acreage:34.41 acres
Overlay Districts: Haw River Protected
Plat/Legal Description: DB 4881 / PC 313 Plat Book 81 / PG 31
Recorded Declarations /Covenants: Not Found
Zoning Requirements
Min. Lot Size: 40,000 sq. ft.
Min. lot width: 150'
Maximum height: 25'
Building Setbacks:
-Front (and Corner lots) = 40' from public rights -of -way
-Side Setbacks = 20' from side lot lines
-Rear Yard Setback = 20' from rear lot lines
Note: Lot size, building setbacks and stream buffers may
Increase based on Private Road Justification (LIDO 7.8.5).
PIN #:9748320786
CAROL B BYRON
WILLIAM J BYRON
1606 WHITE CROSS RD
CHAPEL HILL, NO 27516
Streams (Deleted) M Parcels
�• Soils Survey Stream CAzoning
OC Updated Stream 83Watershed
/r Stream Buffer 80ft
Soils
° - • 2' Contours (NCDOT)
Environmental Feature,
- Stream buffer locate d lot. Stream buffer is 80 ft (method A
9.6 %).
Impervious Surface Limits: 24% max. ( 359,735.9 sq. ft. max based
on 34.41 acres).
Land Disturbance Thresholds
1) Environmental Control Permit required if disturbing more than
20,000 sq.ft.; and
2) Stormwater Management Permit required if disturbing more
than 43,560 sq. ft. for residential structures.
Date Site Assessment Completed: 3127/2015 by SMS
Data shown on this map Is obtained from Orange County
GIS and is for reference only.
Exact locations and boundaries should be verified.
Map prepared by Orange County Planning & Inspections.
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