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Planning and Zoning Commission <br />Minutes <br />January 8, 2019 <br />16 <br /> <br />The Chair introduce Petition CUSE2018-0004, proposed amendment to the CUSE2017-0001, <br />Conditional Use Permit for Public Service Facility (solar farm). The applicant is NC102 Project, <br />LLC (FKA McBride Place Energy, LLC). Located at Joyner Road and Mount Pleasant Road, <br />South. PIN is 5557-40-5055 and 5556-25-9058. <br />The Chair asked if there are any board members that have any conflicts of interest at this time or <br />anything that needs to be disclosed. The Chair disclosed that he has been by the site several <br />times. <br />Mr. Adam Dagenhart disclosed that he passes it daily. <br />The Chair: Anyone else? Seeing none the Chair asked Mr. Benshoff if he has a presentation to <br />add or something. <br />MR. BENSHOFF: Mr. Pinto, for the record, my name is Albert Benshoff, The Brough Law <br />Firm, 1526 East Franklin Street, Chapel Hill, North Carolina; local address 221 Ravine Circle, <br />Southeast, Concord, North Carolina. I have a few facts to bring to the board's attention and a few <br />more things to put into evidence tonight. And I will --it will be a much shorter presentation than <br />last month's. I do have a few slides. <br />In December, one of the things that was put into evidence was an as-built survey of the NC 102 <br />Project Solar Farm. This is that survey, with the Union Power co-op power transmission line <br />highlighted; and that is relevant because it borders Joyner Road and Mount Pleasant Road. It is <br />the blue polygon here on Joyner Road and it goes south along Mount Pleasant Road, past the <br />Stewarts' property, a little bit past the substation that has been constructed. This is a power line <br />easement that UPC clears; and this is relevant --and I do not want to mislead the board at all, but <br />this is relevant because in 2017, the proposed buffer and the UPC easement overlap and that will <br />be the subject of the first part of my presentation. <br />The UPC easement shown here in June of 2015 is clear. Joyner Road is at the top and this --these <br />two yellow lines are the easement along Mount Pleasant Road. Going to the next year, to <br />October 2016, the easement is still cleared. Then in 2017, and this is September 2017, the <br />northern part of the site, the property owned by the McBride family, now Five M's, was timbered <br />and that is showed as cleared, and the UPC power line is shown cleared. The strip of trees here <br />along Mount Pleasant Road, I have been told is the overlap where the 100 foot buffer is outside <br />of the UPC easement. This was in September of 2017, which was about four months before my <br />clients purchased the property. <br />Moving to 2018, this is the last air photo, this is March, and it shows the clearing along the <br />Stewart property line, which had occurred by then, and the grading for the northern part of the <br />site, which became the solar farm. Because it is March, the trees are not quite as apparent, but <br />they are still along this part of Mount Pleasant Road where the easement and the buffer do not <br />overlap.