2) ANNOUNCEMENT OF AUDIBLE BEEPERS AND CELLULAR PHONES 4) CONSIDERATION OF MINUTES FROM PREVIOUS MEETING

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1 NOTICE OF PUBLIC HEARING HIGHLANDS COUNTY ZONING BOARD OF ADJUSTMENT OCTOBER 9, 2018, AT 3:00 P.M. OR AS SOON THEREAFTER AS POSSIBLE IN THE COUNTY COMMISSIONERS BOARD ROOM HIGHLANDS COUNTY GOVERNMENT CENTER BUILDING 600 SOUTH COMMERCE AVE., SEBRING, FLORIDA. 1) CALL TO ORDER 2) ANNOUNCEMENT OF AUDIBLE BEEPERS AND CELLULAR PHONES 3) ROLL CALL 4) CONSIDERATION OF MINUTES FROM PREVIOUS MEETING 5) SWEARING IN OF WITNESSES 6) OLD BUSINESS: NONE 7) NEW BUSINESS: A. HEARING #1825 COW SLOUGH INC. AND PRICE GROVES LLC - C/O EDF RENEWABLES Six parcels, totaling an approximate acres, located on the east side of US 27 N, south of Lake Apthorpe and Lake Simmons; the addresses being 196 St. John Street, 281 St. John Street, 369 St. John Street, 10 Walker Road, 30 Walker Road, and 1401 US 27, Lake Placid, Florida; and abbreviated legal as follows: An approximate acre parcel located in Sections 13, 18, 19, and 24, Township 36 South, Ranges 29 and 30 East, Highlands County, Florida. The applicant is requesting a special exception to allow solar energy systems. 8) ANNOUNCEMENT OF NEXT MEETING NOVEMBER 13, ) BOARD MEMBERS 10) DEVELOPMENT SERVICES DEPARTMENT 11) CITIZENS NOT ON THE AGENDA ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD AT THE TIME AND PLACE SPECIFIED ABOVE. ANY PERSON WHO MIGHT WISH TO APPEAL ANY DECISION MADE BY THIS COMMITTEE/GROUP, IN PUBLIC HEARING OR MEETING

2 IS HEREBY ADVISED THAT HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT, FOR SUCH PURPOSE, HE OR SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD WILL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH SUCH APPEAL IS TO BE BASED. THE BOARD OF ADJUSTMENT AND THE BOARD OF COUNTY COMMISSIONERS OF HIGHLANDS COUNTY, FLORIDA, DO NOT DISCRIMINATE UPON THE BASIS OF ANY INDIVIDUAL S DISABILITY STATUS. THIS NON-DISCRIMINATORY POLICY INVOLVES EVERY ASPECT OF THE BOARD S FUNCTIONS, INCLUDING ONE S ACCESS TO, PARTICIPATION, EMPLOYMENT OR TREATMENT IN ITS PROGRAMS OR ACTIVITIES. ANYONE REQUIRING REASONABLE ACCOMMODATION AS PROVIDED FOR IN THE AMERICANS WITH DISABILITIES ACT OR SECTION FLORIDA STATUTES SHOULD CONTACT MS. PAMELA ROGERS, ADA COORDINATOR AT: (VOICE), VIA FLORIDA RELAY SERVICE 711, OR BY PROGERS@HCBCC.ORG. REQUESTS FOR CART OR INTERPRETER SERVICES SHOULD BE MADE AT LEAST 24 HOURS IN ADVANCE TO PERMIT COORDINATION OF THE SERVICE. ALL INTERESTED PERSONS ARE INVITED TO ATTEND. ONE OR MORE COUNTY COMMISSIONERS MAY BE PRESENT AT THE MEETING. G:\BOARD\ZON\.New ZON (To be retained)\all LINDA'S FILES ON F DRIVE\.New ZON (To be retained)\agendas & Minutes\BOA AGENDAS\2018 Agendas\OCTOBER 2018 BOA Agenda.docx, Last updated on 9/25/2018 1:49 PM

3 HIGHLANDS COUNTY ZONING BOARD OF ADJUSTMENT MINUTES The regular meeting of the Highlands County Zoning Board of Adjustment was called to order at 3:03 p.m., Tuesday, September 11, 2018, in the Commissioners Board Room located in the Highlands County Government Center Building, 600 South Commerce Ave., Sebring, Florida. Members present were: Mr. Boring, Mr. Reed, Mr. Roberts, Mrs. Mack, Mr. Carter, Mr. Howard, and Mr. Ingler, Chairperson. Also present were: Rachel Barry, Zoning Clerk; and Ms. Conrad, Zoning Supervisor. Minutes of the previous meeting were unanimously approved. Motion carried ) NEW BUSINESS: A. HEARING #1824 ELISEO MENDOZA C/O JOSE MENDOZA An approximate 1.14-acre parcel located east of US 27 S., north of SR 70, on the south side of Hardee Street; the address being 145 Hardee Street, Lake Placid, Florida; and legally described as follows: Lot 4, Block 7, Sun N Lakes Estates Acres, Section 34, Township 37 South, Range 30 East, according to the plat thereof as recorded in Plat Book 8, Page 24, of the Public Records of Highlands County, Florida. The applicant is requesting a special exception to allow commercial activity directly servicing agricultural pursuits and limited to the service of agricultural pursuits, to store farm equipment/vehicles. Mr. Ingler read the request, and Mr. Jose Mendoza presented the request. There were no letters received, and no one spoke in favor of or against the request. Motion by Mr. Roberts and seconded by Mr. Boring to approve the request as presented, effective September 11, Upon roll call, all members voted yes. Motion carried ) ANNOUNCEMENT OF NEXT MEETING The next meeting shall be held on October 9, 2018 at 3:00 p.m. or as soon thereafter as possible in the Commissioners Board Room located in the Highlands County Government Center Building, 600 South Commerce Ave., Sebring, Florida. There being no further business, the meeting adjourned at 3:14 p.m. Respectfully submitted by, Rachel Barry Zoning Clerk

4 Highlands County, Florida Special Exception Application **************************************************************************** ***'-*************************** SECTION I. THIS SECTIO!'iJ'OR STAFF USE ONLY! Date Received: IS};) )\ '{; _ - AMOUNT OF FEE: C?~OU RECEIPT No.: \WOSpf? 1-3 TAX MAP#: j37 ~... ~?-(. CASE#: B.O.A. # l ~3: HEARING DATE: B.O.A.- I 0~ 2.0 \ '6' DATE ADOPTED: ************************************************************************************************************ SECTION II. PLEASE PRINT OR WRITE CLEARLY ALL APPLICABLE INFORMATION. This application and all required supplemental information must be properly completed according to the instructions. All information and exhibits submitted in connection with this application will become a permanent part of the public records of Highlands County. Please submit the application to the Zoning Department to be checked for completeness by staff before the applicable deadline. The Department accepts no responsibility for the completeness and accuracy of the application and will not advertise the application for public hearing until all required information is deemed to be accurate and complete. It is recommended that the applicant, agent, or representatives be present at the public hearing. Special Exception requested before the Board of Adjustment: Construction and operation of a solar farm. Solar energy systems are allowed in the Agricultural zoning district as a Special Exception use. ************************************************************************************************************ viewed for completeness and determined sufficient: Signed: Zoning Supervisor <?ln/19 Special Exception is sought pursuant to Section (c) of the Code of Ordinances under Section :::.:4"'00""''---- (?Fr ) of the Code. ************************************************************************************************************ "'Name of Property Owner: (Application must be signed by the property owner. If more than one, all the owners must sign the ~ners Affidavit (attached), which must accompany the application): Print Name: Cow Slough Inc. and Price Groves LLC Mailing Address: See attached Owner Information Telephone No. ( ) See attached Owner Information Address: See attached Owner Information 2. Name of Agent: (Complete the Agent's Affidavit (attached) from property owner, which must accompany application, giving agent authority to represent this application.) Print Name: EDF Renewables Mailing Address: 5 Commerce Avenue. Lebanon. NH Dati Telephone No. (802) Address: Jordana.Jusidman@edf-re.com 3. Legal Description and Strap of Property Covered by Application: (If subdivided: lot, block, complete name of subdivision, plat book, page number, section, township, and range. If metes and bounds description: complete description, including section, township, and range.) See attached parcel information for legal description and strap numbers STRAP#: C : 4. Street Address of Property Covered by Application: See attached parcel information for legal description and strap numbers 5. Name of project, subdivision, or overall project, if part of a larger project, ifapplicable: ~N"-o,.t,_a,..p.,..p.,lic.,a.,b,l,.e~ ********************************************************************************************************* "'\ 'TION III: INFORMATION ABOUT EXISTING USE 6. Existing Zoning District: Agricultural Existing Land Use Classification: Mixed Use, Agriculture Are the Zoning and Comprehensive Plan Consistent? [x 1 Consistent [ 1 Not Consistent Pagelof3 G \BOARD\ZON\ New ZON (To be retained)\formsiapplicatjons\2011\2017 APP Special Exception doc

5 7. Vesting: Is the property vested for specific property rights? [ 1 Yes [ x 1 No If Yes, list the Vesting Action or Order Number or \ the method used to grant vested rigbts (state binding letter, Iegallot of record, etc).: , 8. Is this hearing being requested as a result of a code violation notice? [ 1 Yes I x 1 No If Yes, explain. 9. Has a public hearing been held on this property within the last 12 months? [ 1 Yes [ x 1 No If Yes, in whose name and when? I 0. Current Use of Property (Number of existing dwelling units, type of commercial or industrial, etc):..:c"-''-'.t'-'ru.,s'-'g"'r"o"'v""e II. Existing Size of Property: Size of Property (width) 6,600 feet (depth) 6,700 feet, street frontage 670 feet, water frontage 700 feet, Total acres acres If different from the total acreage, the upland, or developable portion is I- acres. 12. Are there existing structures on the property? [ 1 Yes [x 1 No If Yes, what type (CBS, Frame, Stucco, Other Multiple Units, Number of Dwellings per Building)? 13. Uses on Adjacent Property: Also indicate whether the adjacent property is within another jurisdiction and indicate that jurisdiction's FLUM and/or Zoning designations. North South East West Existing Uses FLUM Designations Zoning Districts Agricultural Mixed Use Agriculture Ag,.~emetery, Assisted Living AG, MU, P, ~~C. 'I. I Agriculture, undeveloped Agriculture, "fnd astt-ial c:s: Ag, minjng, lodge, Commercial 5~-u> c:: -0~ Agriculture af!k~ Mining- J Agriculture, Public, r3-3 Agriculture J ec.-z. AgricultureJ 13-3 ************************************************************************************************************ SECTION IV: INFORMATION ABOUT PROPOSED USE 14. Proposed Use (Uses desired which are not permitted by present zoning district or Land Use FLUM designation): Solar farm. solar energy system... IS. Proposed number of Dwelling Units or the number of square feet of commercial space (if applicable): Not applicable. 16. Proposed Development Standards (ifapplicable): a. Existing parcel size: Proposed Parcel Size (ifincreasingarea):,s,.a!!m"'e":--::c--:--:-- b. Existing Floor Area Ration (FAR) - gross floor area of existing building: 0 divided by Parcel size = FAR 0 % c. Proposed Floor Area Ration (FAR): 0 %. 17. Time Limit: When will the special exception being applied for be initiated and/or completed? Construction will begin after approval of construction plans. anticipated to be the first quarter of Page 2 of3 G \BOARD\ZON\ New ZON (To be retkined)\fqrms\application~\2017\2017 APP Spe.::ial Ex~pMn doc

6 ********************************************************************************************************** TION V: BURDEN OF PROOF INFORMATION:. Burden of Proof: The burden of proof and persuasion remains at all times on the applicant. This burden of proof and persuasion includes providing information requested in questions# 22 A through# 22F. The application for a special exception shall state fully the grounds on which it is requested and show compliance with the following standards: A. Please provide information, if possible, that the development will comply with all requirements of this chapter and Florida law (Use additional sheet, if required). The proposed solar farm is a use allowed in the current zoning district with the approval of a special exception (public utilities). There are no requests for variances to setbacks, height, or other provisions of the zoning district The proposed location was selected due to its location proximate to both the Duke Energy Lake Placid North substation, through which the electricity generated by the solar farm will be exported on to the electrical grid. In addition, the proposed location is predominantly surrounded by agricultural uses. The senior living facility and the residences to the south across US Highway 27 will have only limited views of the solar panels. B. Please provide information, if possible, that the development, if completed as proposed, will probably not materially endanger the public health or safety (Use additional sheet, if required). The proposed solar farm is a passive use. There are no health risks associated with the solar panels. There will be security fencing around the entire perimeter. C. Please provide information, if possible, that the development, if completed as proposed, will probably not substantially injure the value of adjoining or abutting property (Use additional sheet, if required). D. The current uses directly abutting the subject property are agriculture, mining, a senior living facility, and a cemetery. The proposed solar farm will not impact the values of these properties. There are only limited views of the proposed solar farm to residences located at lower elevations to the south, across US Highway 27. The houses to the south in Tomoka Heights are primarily built around Lake Henry and Lake June in Winter. Please provide information, if possible, that the development, if completed as proposed, will probably be in harmony with the area in which it is to be located (Use additional sheet, ifrequired). The proposed solar farm use is a passive use with minimal traffic generation. The only improvements are solar panels, racking, fencing, maintenance access, and electrical equipment including inverters and transformers. The proposed use will not interfere with the predominantly adjacent agricultural uses, the western adjacent sand mine, or the businesses and residences across US Highway 27, as it will not create additional traffic and noise, and will have limited visibility from adjacent properties. The proposed use will not interfere with the adjacent senior living facility, which has perimeter trees along the northern and eastern sides that will abut the proposed use. E. Please provide information, if possible, that the development, if completed as proposed, will comply with all requirements of the adopted Highlands County Land Development Regulations (Use additional sheet, if required). The proposed solar farm is a use allowed in the current zoning district with the approval of a special exception. There are no requests for variances to setbacks, height, or other provisions of the zoning district. The proposed use meets the minimum lot area, lot width, and road frontage requirements. The proposed use will not exceed the maximum height for occupied structures. F. Please provide information, if possible, that the development, if completed as proposed, will comply with the adopted Highlands County Comprehensive Plan or other plan officially adopted by the Board of County Commissioners (Use additional sheet, if required). The project site is located in the Mixed Use land use designation on the Future Land Use Map. There has been no proposed development requiring a change in the existing zoning. There are no specific policies in the Comprehensive Plan that address the proposed use. 19. Are there any appropriate conditions and safeguards, in conformity with this chapter, that can be applied and should be mandated as a condition for the approval of this special exception? (Use separate additional sheet, if required). The solar farm will have perimeter fencing and will comply with national codes to ensure safe operation and maintenance of the facility. There are no knq additional conditions necessary for protection of the public health, safety, and welfare. 1\1,

7 ************************************************************************************************************ SECTION VI: MAPS, OWNERS OR AGENTS AFFIDAVIT AND LIST OF PROPERTY OWNERS 20. Map Properties Within 500 Feet: Using a map that shall be secured from the County Property Appraiser's Office, delineate the boundary of the proposed development site and its location on the map. Include each parcel of land within 500 feet of the property covered in the application. 21. Owners or Agents Affidavit: An Owner's and/or Agent's Affidavit must be completed and submitted as part of all applications. 22. List of Property Owners: List of all current property owners within 500 feet radius of property covered in the application, including name, mailing and site addresses of their properties. If in areas zoned Agriculture, minimum of 6 names required adjacent or in the vicinity of the special exception requested. (Attach separate sheet to this application.) ************************************************************************************************************ J Page 3 of3 G,BOARD\ZON\ New ZON (To be retained)iforms\appllcations\ APP Spec1al E~ception doc

8 ' Legal Description The South feet of the fractional Southeast ~ of the Southeast 1 4 lying South of Lake Apthorpe of Section 13, Township 36 South, Range 29 East; AND ALSO The South feet of the West 1, feet of the Southwest 1.4 of the Southwest 1.4 lying South of Lake Apthorpe of Section 18, Township 36 South, Range 30 East; AND ALSO The Northeast 1.4 of the Northeast 1.4 and the Southeast ~ of the Northeast ~ of Section 24, Township 36 South, Range 29 East; AND ALSO The West 1, feet of U.S. Governmental Lot 2, and the North Yz of the North Yz of U.S. Governmental Lot 3, of Section 19, Township 36 South, Range 30 East, Highlands County, Florida, LESS AND EXCEPT road right of ways. United States Government Lot 2, less and except the West 1, feet thereof; South% of United States Government Lot 3; all of United States Government Lot 4; all of United States Government Resurvey Lot 11; Southeast Quarter of Northwest Quarter; and Northeast Quarter of Southwest Quarter, all in Section 19, Township 36 South, Range 30 East, Highlands County, Florida. AND ALSO; United States Government Resurvey of Lot No. 27, Section 18, Township 36 South, Range 30 East, Highlands County, Florida. AND ALSO; The South Yz of U.S. Government Lot 10, and all of U.S. Government Lot 13 in Section 19, Township 36 South, Range 30 East, Highlands County, Florida. AND ALSO; North Yz of Government Resurvey of Government Lot 10, Section 19, Township 36 South, Range 30 East, Public Records of Highlands County, Florida. AND ALSO; Southeast Quarter of Section 24, Township 36 South, Range 29 East, Highlands County, Florida. BOA 1825 SPEC. EXC (Upda!ed: 9/25/18)

9 LESS AND EXCEPT That portion of the Southeast Quarter of Section 24, Township 36 South, Range 29 East, Highlands County, Florida lying Southerly and Westerly of U.S. Highway No. 27, and being more particularly described as follows: Begin at the Southeast corner of the Southwest Quarter of said Section 24; thence North 01 42'54" West along the East line of the Southwest Quarter of said Section 24 a distance of feet to a point on the Southerly Right-of-Way line of U.S. Highway No. 27; thence South 52 05'15" East along said Southerly Right-of-Way a distance of feet; thence South 37 54'45" West a distance of feet to a point on the South line of the Southeast one quarter of said Section 24; thence South 89 54'41" West along said South line a distance of feet to the Point of Beginning. ALSO LESS AND EXCEPT That portion of the Southeast Quarter of Section 24, Township 36 South, Range 29 East, Highlands County, Florida lying Southerly and Westerly of U.S. Highway No. 27, and being more particularly described as follows: Commence at the Southeast corner of the Southwest Quarter of said Section 24; thence North 01 42'54" West along the East line of the Southwest Quarter of said Section 24 a distance of feet to a point on the Southerly Rightof-Way line of U.S. Highway No. 27; thence South 52 05'15" East along Southerly Right-of-Way a distance of feet to the Point of Beginning; thence continue South 52 05'15" East along said Southerly Right-of-Way a distance of feet to the Point of Intersection of the Southerly Right-of-Way line of U.S. Highway No. 27 and the South line of the Southeast Quarter of said Section 24; thence South 89 54'41" West along said South line a distance of feet; thence North 37 54'45" East a distance of feet to the Point of Beginning. ALSO LESS AND EXCEPT Right-of-way for U.S. Highway No. 27 (State Road No. 25). ALSO LESS AND EXCEPT Right-of-Way for Cemetery Road. The Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 19, Township 36 South, Range 30 East, Highlands County, Florida; AND ALSO The Northwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 19, Township 36 South, Range 30 East, Highlands County, Florida, LESS AND EXCEPT: A portion of the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 19, Township 36 South, Range 30 East, Highlands County, Florida, being more particularly described as follows: Begin at the Northwest corner of the Northwest Quarter of the Southeast Quarter of the Southwest Quarter of said Section 19; thence run South '51" East along the West line of the said Northwest Quarter of the Southeast Quarter of the Southwest Quarter a distance of feet to the Southwest corner of the said Northwest Quarter of the Southeast Quarter of the Southwest Quarter; thence run North 0 l 0 21 '23" East for a distance of feet to a point on the North line of the said Northwest Quarter of the Southeast Quarter of the Southwest Quarter; thence run North 87 54'36" West along the North line of the said Northwest Quarter of the Southeast Quarter of the Southwest Quarter for a distance of feet BOA 1825 SPEC. EX C (Updated: 9/25/18)

10 to the Point of Beginning, and described as Parcel I on a Location Sketch made by Harry C. Schwebke & Associates of Florida, Inc, Order No.I519, Field Book 40-48,dated August 9, AND ALSO A portion of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 19, Township 36 South, Range 30 East, Highlands County, Florida, being more particularly described as follows: Begin at the Northwest corner of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of said Section 19; thence run South 00 25' 17" East along the West line of said Northeast Quarter of the Southeast Quarter of the Southwest Quarter for a distance of feet to the Southwest corner of the said Northeast Quarter of the Southeast Quarter of the Southwest Quarter; thence run North 01 59'34" East for a distance of feet to a point on the North line of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter; thence run North 87 54'36" West along the North line of the said Northeast Quarter of the Southeast Quarter of the Southwest Quarter for a distance of feet to the Point of Beginning, and described as Parcel 2 on a Location Sketch made by Harry C. Schwebke & Associates of Florida, Inc., Order No. 1519, Field Book 40-48, dated August 9, AND ALSO The South Y2 of the Southwest 1 4 of the Southwest V.. of Section 19, Township 36 South, Range 30 East, Highlands County, Florida; LESS AND EXCEPT all recorded rights-of-way. The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 19, Township 36 South, Range 30 East, Highlands County, Florida. The West Y2 of the South Y2 of the Southwest 1 4 of the Northeast 1 4 of Section 24, Township 36 South, Range 29 East; AND the East Y2 of the South Y2 of the Southwest 1 4 of the Northeast 1 4 of Section 24, Township 36 South, Range 29 East, Highlands County, Florida. AND The North Y2 of the South Y2 of the Southeast 1 4 of the Northwest V..; LESS approximately 7.7 feet along West side; ALSO; The North Y2 of the Southwest V.. of the Northeast 1 4; ALSO the North Y2 of the Southeast V.. of the Northwest V..; LESS approximately 7.7 feet along West side; all in Section 24, Township 36 South, Range 29 East, Highlands County, Florida. AND c The East!50 feet of the South V2 of the South Y2 of the Northeast 1 4 of the Northwest V.. of Section 24, Township 36 South, Range 29 East, Highlands County, Florida. BOA 1825 SPEC. EXC (Updated: 9/25118)

11 HIGHLANDS COUNTY BOARD OF ADJUSTMENT STAFF REPORT Type: Special Exception BOA Hearing Date: 10/9/2018 Case Number: BOA 1825 Applicant/Agents: EDF Renewables BOA Agenda Item: 7A Case Name: Cow Slough & Price Groves Solar Farm Property Owner(s): Cow Slough & Price Groves Solar Farm Case Staff Member: Dana Riddell Request: General Location: Parcel ID #: Zoning: Future Land Use: The Applicant is requesting a special exception to allow a solar farm. Six parcels, totaling an approximate acres, located on the east side of US 27 N, south of Lake Apthorpe and Lake Simmons; the addresses being 196 St. John Street, 281 St. John Street, 369 St. John Street, 10 Walker Road, 30 Walker Road, and 1401 US 27 N, Lake Placid, Florida; and abbreviated legal as follows: An approximate acre parcel located in Sections 13, 18, 19, and 24, Township 36 South, Ranges 29 and 30 East, Highlands County, Florida. C A C A C A C A C A C A Agricultural District (AU) Mixed Use MU Development Services Summary and Analysis: The Applicant is proposing to construct a private solar farm with the intent to sell electricity to Duke Energy. Solar farms are showing up more and more in communities throughout Florida. They are a clean and sustainable source of energy that takes nothing from the environment except what the sun produces. The solar panels contain no hazardous materials, no odors, make no noise and are not flammable. Once the project has been constructed, only occasional maintenance workers will be required to visit the site for repair of the equipment or for vegetative control. A solar farm may be considered a temporary use, with rows of solar panels mounted on skeleton frames with stakes driven into the ground. No concrete is utilized for the panel frames. The anticipated life span of the proposed solar panel is approximately 30 years. Board of Adjustment Page 1 of 12

12 The requested use is included in the list of allowed special exceptions within the AU District ( F.38) Land Development Regulations. The site is located within the Lake Placid Regional Plan (LPRP) area. Objective 12 of the Highlands County 2030 Comprehensive Plan, Future Land Use Element: the LPRP shall be a planning tool to guide transition of the Lake Placid area into a planned urban community which should include the annexation of properties into the Town to ensure development has public infrastructure. Surrounding Land Use and Zoning Designations: LOCATION LAND USE CATEGORY ZONING EXISTING USE Subject Property MU AU Groves Adjacent Property North MU AU Groves South MU, Public/Quasi- Public Facility and Institutional Lands P, Agriculture AG, Commercial/ Industrial Mixed Use CI AU, Public & Quasi- Public Lands District (PU), Business District (B-3) East AG & CI AU Groves, Cemetery, Assisted Living Facility Groves, Grazing, Vacant West AG & MU AU Mining, Groves Applicable References: Planning: Highlands County 2030 Comprehensive Plan Future Land Use Element Policy 1.2.D.12 Mixed Use. Zoning: Land Development Regulations, Section , AU Agricultural District Compatibility with Surrounding Land Uses: The commercial activity of solar energy systems is permitted in the Mixed Use Future Land Use Designation and is compatible with the surrounding future land use designations. The general character of the neighborhood is largely undeveloped, mostly comprised of groves. This new development would be compatible with the surrounding uses. Board of Adjustment Page 2 of 12

13 Development Review Committee Comments: Florida Department of Environmental Protection: Please advise the applicant to consult with the Department of Environmental Protection permitting staff to ensure all appropriate authorizations are received prior to the start of construction. Highlands County Engineering Department: Approved with conditions. At the time of development, the applicant shall undergo the development review process, and additional requirements may be identified at that time. Highlands County Zoning Division: The staff has no objection to this request. Town of Lake Placid: See attached, Exhibit 5, for a resolution from the Lake Placid Town Council. The Lake Placid Town Council at a public meeting adopted Resolution The Town supports the approval of a special exception for the solar farm provided: That the applicant/land owner execute and deliver an Annexation Consent agreeing to annex the subject land into the Town of Lake Placid and that same be recorded in the Public Records of Highlands County, Florida, before the subject construction commences. Annexation to be made as soon as the subject property is contiguous to the Town. That the applicant/land owner convey to the County a strip of land eighty (80) feet wide adjacent to the United States Highway 27 for use as a frontage road, utility corridor, trails and paths, landscape buffer. The conveyance to be made before the subject construction begins. That the applicant/land owner convey to the County an additional ten (10) feet of right-of-way for Saint John Road. The conveyance to be made before the subject construction begins. The developer should be required to bury all electric lines. The developer should be required to provide vegetative screening along U.S. Highway 27 and Saint John Road (only along the cemetery). The owner should be given the appropriate credit for transportation impacts and/or transportation concurrency; and/or credit for any other then relevant transportation exactions for the above right of way which may now or in the future be required. Staff Recommendation(s): If approved, the Staff recommends the following Conditions of Approval: 1. The proposed solar farm project will adhere to the commercial site plan review process; at which time, required buffering and/or additional right-of-way, will be addressed. 2. Prior to construction of the proposed solar farm project commencing, an Annexation Consent agreeing to annex the land into the Town of Lake Placid when it becomes contiguous to the town should be executed. Board of Adjustment Page 3 of 12

14 3. The solar farm shall be constructed in such a way that limits the potential of light pollution to the surrounding properties. 4. At the time the solar farm is no longer in operation, the solar panels and posts shall be removed from the property within one-hundred eighty (180) days. General Notes Note: All conditions of approval, unless otherwise specified, shall be met prior to the effectiveness and validity of the special exception approval. Note: All written commitments made in the application and subsequent submissions of information made during the application review process, which are on file with the Development Services Department, shall be considered to be binding upon the applicant, provided such commitments are not in conflict with the Comprehensive Plan and Land Development Regulations or other development regulations in effect at the time of the development. Attachments: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Location Map Aerial Photo Zoning Map Site Photos Town of Lake Placid Resolution Board of Adjustment Page 4 of 12

15 Exhibit 1: Board of Adjustment Page 5 of 12

16 Exhibit 2: Board of Adjustment Page 6 of 12

17 Exhibit 3: Board of Adjustment Page 7 of 12

18 Exhibit 4: Facing northeast across US 27. Facing north from the south side of the property on St. John St. Board of Adjustment Page 8 of 12

19 Exhibit 4 (cont d ) Facing west from the south side of the property from St. John St. Facing east from the south side of the property on St. John St. Board of Adjustment Page 9 of 12

20 Board of Adjustment Page 10 of 12

21 Board of Adjustment Page 11 of 12

22 Board of Adjustment Page 12 of 12

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