Newberry Updates Solar Farm Regulations, Residents Express Concerns

NEWBERRY ‒ In response to concerns raised about a potential solar farm locating in Newberry, the City Commission on Feb. 26, 2024, unanimously approved amendments related to solar farm regulations. Florida Renewable Partners (FRP), a solar development company operating in Florida, recently acquired land in southwest Newberry, west of County Road 337 and south of Southwest 46^th Avenue with intent to develop it as a solar farm. The City has not received an application for this property.

In August 2023, residents in the vicinity of the proposed solar farm expressed concerns through a letter to the City of Newberry about the development and identified suggested conditions for solar farm developments, including the proposed FRP project.

Upon City staff review, modifications were recommended to the City’s existing solar farm regulations that were applicable. The Florida legislature in 2021 passed a limited preemption of local jurisdictional regulation of solar arrays, mandating that they be allowed in any agriculturally-zoned district.

Mayor Jordan Marlowe said that some of the changes requested by citizens and/or members of the Commission could not be implemented due to existing state regulations that municipalities could not propose limitations that would not be standard on all agriculturally-zoned properties.

The Commission unanimously approved amendments suggested by City staff including one describing setbacks and buffers. The amendment provides for no less than 25-foot setbacks on all sides of the site except for ingress and egress corridors. If natural vegetation is present in the setback area, it must be left undisturbed.

Where the perimeter is adjacent to an existing residence, a 20-foot vegetative buffer must be planted by the applicant within the setback area, such that the view of the solar facility from the residence is effectively obscured within five years. The vegetative buffer is to be planted with native species of trees and shrubs that will mature to full opacity within five years of initial planting, and are to be maintained by the applicant until fully established. Setback areas may contain access roads, barriers or security walls, fences, and crossings by linear facilities, provided that any required vegetative buffers are maintained.”

Land Use and Zoning Change

In other business, the City Commission approved changes to the City’s Future Land Use Map and its Zoning Atlas. These changes were in response to two petitions on first reading related to 50 +/- acres located west of U.S. Highway 27/Northwest State Road 45, across the street from Avalon Woods.

CHW Professional Consultants, agent, on behalf of E.D. Norfleet, Jr., Phyllis Norfleet and Katrina Bill, property owners, requested changing the future land use classification on the property from Agriculture to Material-Oriented Industrial Use.

Access to a railway line on this property will allow the developer to bring in construction materials by rail and reduce truck traffic via the roadway.

CHW’s consultant Gerry Dedenbach said a portion of the property would be available for a small business park for construction-oriented businesses such as a flooring store/showroom, plumbing supplies, stone counter top showrooms, etc. He said businesses planning to locate in the industrial park area will be required to apply to the City for Special Use Permits, which would allow the Commission to approve or deny applications individually.

As required by law for large scale amendments of 50 acres or more, they amendment will be transmitted to the Florida Department of Economic Opportunity for review. If approved by the State, the ordinance may be enacted upon following a second hearing and approval by the City Commission.

The Commission also unanimously approved amending the Official Zoning Atlas to change the zoning from Agriculture (A) to Industrial (I) on the same 50 acres. Enactment of this second action is contingent upon approval by the State and the City Commission at a second hearing.

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