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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. 12 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. 14 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 16 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 Z Z 24 OD m m OZ9016£ OSS #L6£ OMME OTb6L6£ Mjv /6£ OLZ416E OOZbL6£ LO (1) w m 2 ,TT o6L M„ZT,TT u6L N O N M M IL C O U s r o z o �U) c � U o U o rn� m� @ 0 M „Ob,TT e6L F 3 U 'o CD �U) m cn U) a j U a`3 N ^ m Q q z o N M n A O M Ln o7 x .-i v C 'pxa � V O O Q () M C O O°1 P'1 C. 4 O V m �o �U) {°q' p c t?S r a d ° Q' m 3 N z Z 0 m N `$ MoOb ,TT o6L z m m c 0 m U L O L Z O > (n c rn U o mU m � O L m O U) Z 0 O LL Z Ca G Z W W J SL G C � — C O N N N m U O C C U U U U o N a C) V rn N o a N a) m n � In E m N _ °SEE a) o .Q CL > O O c t — N o O O C O N C c T aka a) E O O a) m E -E o 'D v O C 7 In ID o CD E L O O U m y W E p n 25 O O N N N Cl) c IL T t? U) N O � a) C/5 w m 0 a) � U m C O m Z Q) U m �U) o a) �° � m d 7 y m O Z u Q �L m o p_ Q N O LO 7 N al 3 C O a) mca O N 'O ,C E p) E UO O L a) { T m E (4w a)a(nE ca = U `a t L m C i � U (O (D L N a V m N m c 0 M :s a) m (n O. 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U) N O � a) C/5 w m 0 a) � U m C O m Z Q) U m �U) o a) �° � m d 7 y m O Z u Q �L 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 Vi di 2�W � � U s CJ Q '• e � B O u, '4,r..:r'' �',. �. �';'' '' :v i` W U U ® „gyp�r.; 4 >a. Z N � � Q Q Z W 9 m Z O O C LL ra X87 '- �V ® X Z ® v Vi Q �0 E c'i6 N 9. 16 N t6 e Q l0 •O W d 3 U>O m �' N D N r - C1 0 >, "' 'Q(7 9 fV c !0 Q C O O ip1T a)m-em .0 N �� N E CT Nate-, M Q I° O • I° 0 W o '^ m Q a� m 7 M E 0 K 41 N U N W 0 0 ++ CL E G. u (�0 C� V) lu E scnw x .X N Z L6 O O 5_ d G F9 a ®g(7� g� Co Q m 3® n _ _ o o�i a w � cr- ai NY i W tm `�`nn V v l? z LL W O Q �f� U Lm OIE u V �X a lo M d 0 N N L+ O LL >, O C � L p/� - •�„ L Iq�bl L�6I LLI �I ^`I O co ® c c ® 2 XO : 23 -0 p Q Ln Lo LO Q Q Q L L = —I � II I I ; CD O Z W 2�W � � U s CJ Q � e � e o e O C O U U u Z N � � Q Q Z W 9 m Z O O C LL ra Adjacent Properties 500-foot Buffer e N ,y 3atp�l1 Orange County, NC GIS Adjacent FropsvUes - NOO-foot Buffer 974811,53 Y97 '38941 9748452646 5174$44! 1997 9748&-1422811 24 211r, -174833181, r97'48'M770 43, 974_- .1832C 97 18426 8c, (17, 33 1 97486'M467 9748642712 1 9 7 4 87.3 4 6 45- 1 9 ?4$�3 L15192 9748620795 9748012984 97482412720 4804'z-53' 52 8 9 4113 8 16 97 8416 c,4813874 5174803351 7 97483/9832 4813316E 48135111 . . . . ...... 1135 S1 481229 1 ;74 8 C1141$1 1 517 $51 UZ 9748613 5174$1261349 ).-3662 ' .3r 483 114 9 4855123 1 9748417455,cl 974$12£137.1 9748452646 5174$44! 1997 9748&-1422811 24 211r, -174833181, r97'48'M770 43, 974_- .1832C 97 18426 8c, (17, 33 1 97486'M467 9748642712 1 9 7 4 87.3 4 6 45- 1 9 ?4$�3 L15192 9748620795 9748012984 57481128i 4 97 8416 97483/9832 174$1171," '48`_145, 517 $51 UZ 9748613 483 114 9 4855123 1 9748417455,cl — i-11 73$6301914 8C :';'. 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I a N f = O O _ F W 2qt f, "1g U d WLL h a t- y y 2 ou W W co U CL a } U \/ a ` I / I ! / Q \\ W I \ n 31 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). � I �e �� 3 •€F' A.'+P`g�A 2 -, s ; �' -�� r: ,5��„x i�"�r�.r { ,� � ¢ b �d i PIN #: 9748320786 CAROL B BYRON WILLIAM J BYRON 1606 WHITE CROSS RD CHAPEL HILL, NC 27516 Streams (Deleted) Parcels —• Soils Survey Stream - ;Zoning ® OC Updated Stream ®Watershed Stream Buffer 80ft a a °A Soils 2' Contours (NCDOT) " O �Y lt.. i A// 0 W1 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. 03/27/2015 - smschullz o... 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TH. gM� r a sir 0 8& 0 mo IM F �tl maw c €� S e z „e /■\ Xp 6�gagiN w 0 tlk - C g LL sF °i�c J J° p aka �m c § 0�id� n MF= -g i i III sags �5 °8 Ra °�e A. - F &off: l; Ir I s� U CIS Z S w U aK `z I qaY §� s �p o� \\ O w C T T p u H! i 3 11 LD co oe �Cp ro g0� wz -- - - -- —_ o F �g off` Q � p� 4 O° G p n�' 9 �w 4 goo 00 y o �,r - z � O�ti. ✓�. � � �8 ,i mI 0 tlk - C g LL sF °i�c J J° p aka �m c § 0�id� n MF= -g i i III sags �5 °8 Ra °�e A. - F &off: l; Ir I s� U CIS Z S w U aK `z I qaY §� s �p o� \\ O w C T T p u H! i 3 11 LD co oe �Cp ro g0� wz -- - - -- —_ o F �g off` Q � p� 4 O° G p n�' 9 �w 4 goo 00 y o �,r - z � O�ti. ✓�. � � �8 ,i mI 0�id� n MF= -g i i III sags �5 °8 Ra °�e A. - F &off: l; Ir I s� U CIS Z S w U aK `z I qaY §� s �p o� \\ O w C T T p u H! i 3 11 LD co oe �Cp ro g0� wz -- - - -- —_ o F �g off` Q � p� 4 O° G p n�' 9 �w 4 goo 00 y o �,r - z � O�ti. ✓�. � � �8 ,i mI U CIS Z S w U aK `z I qaY §� s �p o� \\ O w C T T p u H! i 3 11 LD co oe �Cp ro g0� wz -- - - -- —_ o F �g off` Q � p� 4 O° G p n�' 9 �w 4 goo 00 y o �,r - z � O�ti. ✓�. � � �8 ,i mI ,i mI �E�, , ,,. d S31VBOV 3N = O N ° F F � _ S Ntlld 311S e o S s a 4 ; N O a V O � < x e xJaNuoIMN `Y�HO M.00 Watl� aoxreo n rara S AE OS N3 !VI 311HM W31SA OM SSOHO J IL W w LL W F N °` F � s = • UY — s w ��a beg - dI as e� z 0 It w wg F- x „l�, N ire g�W f e 0 U w N H§ I a 7 I � / d LUa a - -� -- O LLI V I � I � = O F F � _ asses � < x e J IL W w LL W F N °` F � s = • UY — w U f e 0 U w N H§ I a 7 I � / d LUa a - -� -- O LLI V I � I � 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 RGB 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. 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Coolliodw~ M Helum Receipt Fee C3 ru o flosidc(ed Delivery Fee o-----l� �nw �* o m - JULIA AHA8GERTY ~~"~'" 2213STK4AKYS8T (Enclolsoment Required) RALEIGH, NC276O8 Hills 15:3 r` LIMITED PARTNERSHIP Floaldclad DoIlViny Fee � p ru ,z �°"~°.""~./« / /'/ JERRY LEO LLOYD 1514 WHITE CROSS RD cz CHAPEL HILL, NC 275167338 -----'' p � A r-1 � � Postage p m5tug" Codified Fee .. ru M Helum Receipt Fee C3 (Endolsomeni Roquffed)� o flosidc(ed Delivery Fee o-----l� m �* o m - JULIA AHA8GERTY p 2213STK4AKYS8T o| RALEIGH, NC276O8 Now Postage Codified Feel ru C3 (Endolsomeni Roquffed)� Hate Flosidcled Delivery Fee o (Endorsornont Required) m o - JOHN THOMAS BRAD8.HAWIFAMILY r` LIMITED PARTNERSHIP 2227 WILDCAT CREEK RD � p .1 Lrj 4n I Ln . ra t` M ra r� Poslogo $ corilllod Pao rU H Poslmmk C:I Holum Racolpl Foa ' Hero C3 (Endorsomont Required) C7 Hostdclod Delivery Fob� (Endorsement Rpquirod) ru 70` ru rn DAVID G HACKNEY '' Ir 'P r- JEAN W HACKNEY a 3038 MANNS CHAPEL RD PITTSBORO, NC 27312 "•••••'••••"•••` `D V r� C ro y N C� �O oa' aA o � o � °Ar O 0 0 N, y .uV � L�l t0 O z d 61 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 B-Y `/ ® a ad P y 2 8 WHITE CROSS FARM SOLAR ENERGY SYSTEM CFIAPt1 Mt, OAA!(OL COUNTY, NORTH CAAOLkUp W— UAn k)3 tl s g WAI DAM C Ip f� DALLENTINE ASSOCIATES PA. =�^` yg LOCATION EXHIBIT _._ _.• 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. 03/27/2016 - smschuitz p, N 1 Inch = 400 feet 0 100 200 Foet 'FIT,bitted Building (300 W. 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