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Home My WebLink About2016-198 Planning - White Cross Solar LLC and William and Carol Byron - Special Use Permit NORTH CAROLINA ORANGE COUNTY PREPARED BY& RETURN TO: Michael D. Harvey, Orange County Planning Department ORANGE COUNTY, NORTH CAROLINA SPECIAL USE PERMIT KNOW ALL PERSONS BY THESE PRESENTS that the undersigned, White Cross Solar LLC and Mr. and Mrs._ William and Carol Byron (hereafter "the Applicant"), having applied to Orange County for a Class A Special Use Permit (hereafter "SUP") for the use and development of the property hereinafter described, the same was granted by Orange County on September 1, 2015 the terms of which are as follows: NAME OF PROJECT: White Cross Solar Facility TYPE OF SPECIAL USE: Class A Special Use Permit Solar Facility— Public Utility NAME OF PROPERTY OWNERS White Cross Solar LLC (applicant) /APPLICANTS: 176 Mine Lake Court Suite 100 Raleigh, NC 27615 2 NORTH CAROLINA ORANGE COUNTY William and Carol Byron (owner) 1606 White Cross Road Chapel Hill, NC 27516 DESCRIPTION OF PREMISES LOCATION: A parcel of property approximately 35.8 acres in area (no physical street address) further identified utilizing Orange County Parcel Identification Number (PIN) 9748-32-0786 located within the northwest quadrant of White Cross Road (SR 1951) and Old Greensboro Road (SR 1005). TAX MAP REFERENCE: Orange County Parcel Identification Number (PIN) 9748-32-0786 PARCEL INFORMATION: a. Zoning of parcel: Agricultural Residential (AR) and Haw River Protected Watershed Overlay District. b. Township: Bingham c. Future Land Use Map Designation: Agricultural Residential d. Growth Management System Designation: Rural e. 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. f. 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 3 NORTH CAROLINA ORANGE COUNTY any type of vehicular access at that location practical. Hereafter referred to as `the Property.' DESCRIPTION OF DEVELOPMENT: Development of a Solar Array — Public Utility involving the erection of individual solar array panels on a 20 acre portion of the property with the remaining 15 acres retained by the current property owner as denoted on the approved site plan. A typical ground mounted array will be approximately 7 to 9 feet in height, with approximately 2 to 3 feet of ground clearance, and 47 feet in length. 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 will be restricted by a 24 foot access gate off of White Cross Road. Gravel paths/drives will be installed around the arrays in order to permit access by technicians to service the panels and inverters. A vegetative land use buffer, as denoted on the approved site plan and described in the voluntary Special Use Permit Conditions submitted by the applicant's attorney in a letter dated August 24, 2015, shall be installed/maintained around the array area. Hereafter referred to as `the Project' The terms and conditions contained herein shall encumber the Property and bind the owners and lessees thereof, their successors in title and interest. The development of the Project as well as all necessary site improvements, both internal and external to the Project, shall be reviewed, approved, and developed in accordance with: 1. The provisions of the Orange County Unified Development Ordinance (UDO), 2. Any and all applicable Federal, State, and local regulations, and 4 NORTH CAROLINA ORANGE COUNTY 3. The approved application package as submitted by the Applicant and as approved by the Orange County Board of Commissioners on September 1, 2015 (hereafter "the Application"). All concept plans, reports, renderings, comments, commitments, voluntary conditions, and supporting documentation contained within the record of the Project's approval are herby incorporated herein and made a part of this SUP. Color copies of the approved Application, concept plans, renderings, comments, commitments, and supporting documentation are on file in the Orange County Planning and Inspections Department. Except as detailed within the approved Application, the Property will remain and be maintained in its natural condition. With that, the following special terms and conditions offered voluntarily by the applicant (and acknowledged in a letter from Mrs. Beth Trahos the applicant's attorney dated August 24, 2015) shall govern the development of the Project in addition to the provisions of the UDO: SPECIAL TERMS AND CONDITIONS 1. The applicant shall cause a formal and detailed landscape and tree preservation plan to be submitted to the Orange County Planning Department within 180 days from the approval of the Special Use Permit. This plan shall incorporate a sixty-five foot (65') wide buffer along the northern boundary line of the subject property. Thirty feet (30') of this buffer, specifically the portion closest to the common boundary line with properties identified by Orange County Property Identification Numbers (PIN): 9748-33-1814 (now or formerly owned by Steven A. Haggerty) and 9748-33-6770 (now or formerly owned by Julia A. Haggerty) shall remain undisturbed. Additional evergreen plant materials will be added within the remaining thirty-five feet (35') of the buffer to meet the requirements of the County's Type D land use buffer as detailed in Section 6.8 of the Unified Development Ordinance (UDO). To the extent practicable, existing trees and shrubs will be preserved to assist in meeting the requirements of the Type D land use buffer within this area. 2. A revised site plan shall be submitted denoting the required development ratios, required under Section 3.3 of the UDO, as part of the staff review and final approval of the site plan in accordance with Section 2.5 of the UDO. This revised sheet shall be submitted within 180 days from the approval of the Special Use Permit. 3. The applicant shall cause a subdivision plat shall be submitted creating the individual lots as testified to during the public hearing prior to the issuance of a building permit authorizing land disturbing activities. 4. That the applicant complete and submit a formal application to the Orange 5 NORTH CAROLINA ORANGE COUNTY County Inspections Department requesting authorization to commence construction of the proposed solar array. The application, including all applicable fees, shall be submitted within 180 days from the approval of the Special Use Permit. 5. That the Orange County Fire Marshal's office shall review and approve the final site plan, as part of the normal building permit review process, and that any and all modifications be made to address fire code issues and access prior to the issuance of the permit authorizing the commencement of land disturbing activities. 6. The applicant shall provide a detailed, scaled, map to the Orange County Fire Marshal's office and the White Cross Volunteer Fire Department denoting the location of all storage areas for batteries, master cut-off switches, and other similar devices to ensure the protection of emergency responders in the event of a catastrophic incident on the property. This map shall be submitted prior to the issuance of a Certificate of Occupancy by the County allowing for operation of the facility to commence. 7. The applicant shall submit a Solid Waste Management application for the project within 180 days from the approval of the Special Use Permit. 8. That prior to the commencement of land disturbing activity the applicant shall submit all necessary stormwater, grading plans, and erosion control applications to the Orange County Erosion Control Department for review and processing. These applications shall be submitted within 180 days from the issuance of the SUP. 9. That the applicant shall submit the approved site plan to NC DOT for review and comment. In the event it is determined that the applicant is required to apply for, and receive a, driveway permit from NC DOT to allow for the project to be developed, the applicant shall submit all necessary applications as required by NC DOT within 180 days from the issuance of the SUP and provide planning staff with a copy of the issued permit. 10. The Special Use Permit will automatically expire within 12 months from the date of approval if the use has not commenced or construction has not commenced or proceeded unless a timely application for extension of this time limit is approved by the Board of Adjustment. 11. If any condition of this Special Use Permit shall be held invalid or void, then this Special Use Permit shall be void in its entirety and of no effect. 6 NORTH CAROLINA ORANGE COUNTY IN WITNESS WHEREOF, Orange County, has caused this instrument to be executed in its name as evidence of the issuance of said permit, and the undersigned being all of the property owners of the property above described, have executed this instrument as evidence of their acceptance of said Special Use Permit as a covenant running with the land. ORANGE COUNTY Arr raig Bey'-dict Planning Director ATTEST: os440 Rtr t 1 �, Donna S. Baker ' 17 h41 ,��r4t45� Clerk to the Board of Commissioners I, ..µ g L , a Notary Public of the County and State aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by Craig Benedict, the Orange County Planning Director, and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the Om day of , 2016. ) NOTARY PUBLIC My Commission expires: a Notary Public,North Carolina ORANGE COUNTY DAVID HUNT LAAe w9 MyCornrrutilanf pre 7 NORTH CAROLINA ORANGE COUNTY I White Cross.Solar LLC/" '-' a TITLE: C c -' ((//7 c, STATE OF 6)- COUNTY OF I ,-0...,. -'' I, ." A S a t C..)e.,r,e-� CA a Notary Public for the County and State aforesaid, certify that =`�Ir:7'-.i '„\(-2)_Q...., personally appeared before me this day and acknowledged the ecution of the foregoing instrument for the purposes stated therein. WITNESS my hand and official stamp or seal, this l' day of C, 'v , 2016 „) '; r....; . ' ...' CW". . ic:„I (NOTARY SEAL/STAMP) Notary Public , 1 1 r t3OTAc itusoo 1 1 141 G�co As 8 NORTH CAROLINA ORANGE COUNTY Willi. yd Cara I : on (Property Owners) • , STATE OF ( COUNTY OF \ , \00.-.4%._', , a Notary Public for the County and State aforeaid, certify that personally appeared before me this day and acknowledged the e` ecution of the foregoing instrument for the purposes stated therein. WITNESS my hand and official stamp or seal, this S day of 2016 (NOTARY SEAL/STAMP) Notary 9