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AMEND THE LAND DEVELOPMENT CODE TO ADD SOLAR GENERATION STATION AS A PERMITTED USE IN THE AGRICULTURE ZONING DISTRICT (B)
Ordinance No. 0-09-66; Petition No. PB-09-77TCH
An ordinance of the City of Gainesville, Florida, amending the Land Development Code of the City of Gainesville, by defining "solar generation station"; by adding "solar generation station" to the list of permitted uses in the Agriculture zoning district (AGR) and the General Industrial zoning district (I-2); by adding "solar generation station" to the list of specially regulated uses and imposing conditions on the use; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This ordinance defines "solar generation station" and allows such use by right in the Agriculture zoning district subject to certain design, environmental and safety requirements.
Planning staff developed this ordinance with input from GRU Strategic Planning staff in response to the City Commission's approval, on May 7, 2009, of the Community Development Committee's recommendation to allow development of solar fields by right within areas of the City with agricultural zoning.
The land development code currently allows solar power generation as a use by right in the General Industrial (I-2) zoning district under the SIC Code Division E (which includes electric services). To comply with the definitions and rules of construction in the Land Development Code, this ordinance adds "solar generation station" to the list of permitted uses in the I-2 zoning district so that it will continue to be a permitted use by right.
In addition, city staff currently interprets the Land Development Code to allow homes and businesses to have solar devices that produce power for net metering (primary consumption on-site) as an accessory use to the permitted principal use. In contrast, this ordinance is intended to define a principal use - an electrical energy plant generating solar power primarily for sale and consumption off-premises.
Public notice was published in the Gainesville Sun on June 30, 2009. On July 23, 2009, the City Plan Board heard the Petition and, by a vote of 7-0, recommended the City Commission approve the Petition with one correction and with the request that staff work on language to allow solar power generation as an accessory use to other uses in all districts.
On September 17, 2009, the City Commission heard this Petition and, by a vote of 6-0, approved the Petition.
In addition to this ordinance, in accord with the City Commission's approval on May 7, 2009 of the Community Development Committee's recommendation on Legislative No. 070980, Solar Panels vs. Removing Tree Canopy, there will be a future petition to the Plan Board regarding solar development relative to other pertinent provisions of the Land Development Code.
CITY ATTORNEY MEMORANDUM
This ordinance requires two public hearings. If this ordinance is passed on first reading, second and final reading will be held on Thursday, July 15, 2010.