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ANALYSIS <br />Currently, the County LDRs do not list solar facilities as an individual type of use. However, solar <br />facilities have been approved in the unincorporated portions of Indian River County as a special <br />exception use under the "Public and private utilities, heavy" use in the A-1, A-2, and A-3 zoning <br />districts. In order to comply with the statutory requirements, County staff has drafted an ordinance <br />which would allow solar facilities as a permitted use in the A-1, A-2, and A-3 zoning districts, but <br />otherwise continue to meet the landscaping and buffer requirements for other "Public and private <br />utilities, heavy" uses. Also, any new solar facility will require site plan approval, and must meet all <br />applicable requirements of the County LDRs. <br />To date, the BCC has granted special exception use approval for a total of four solar facilities. Staff <br />has not received any negative feedback on the previously approved solar facilities, and supports the <br />proposed LDR amendment. <br />0 Ordinance Adoption Process <br />Since the proposed amendment will change f1e list of allowable uses in a zoning district, the BCC <br />must consider the subject LDR amendment ordinance at two separate hearings as required by state <br />law (Florida Statutes Chapter 125.66). Under FS 125.66, those hearings must be held at least 10 days <br />apart and one hearing must be held after 5:00 PM unless 4 or 5 BCC members vote to hold the hearings <br />before 5:00 PM. Consequently, the BCC may hold a special call 5:01 PM hearing on or after January <br />28, 2022 or at one of the regular February BCC meetings if 4 or 5 Board members vote to have the <br />second hearing at a regular meeting. Staff believes that holding the second hearing at a regular BCC <br />meeting in February will be adequate. The first available meeting date for the second (final) hearing <br />that will meet state requirements upon a vote of 4 or 5 BCC members is the regular BCC meeting of <br />February 1, 2022. <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners: <br />1. Direct staff to make any changes necessary to the proposed ordinance (if applicable); and <br />2. By a vote of 4 or 5 BCC members set the second, final adoption hearing for the regular BCC <br />meeting of February 1, 2022 which is scheduled to begin at 9:00 AM. <br />ATTACHMENTS <br />1. Excerpt from Draft December 9, 2021 PZC Minutes <br />2. Draft Ordinance <br />129 <br />