Newberry approves first reading of solar regulations update 

Commissioner Tony Mazon was the lone dissent on the industrial rezoning and FLU amendment.
Newberry Commissioner Tony Mazon was the lone dissent on the industrial rezoning and FLU amendment.
Photo by Glory Reitz

The Newberry City Commission approved the first reading of amendments to the city’s solar farm development regulations in a regular meeting on Monday. The commission also approved a zoning and land use change to allow some industrial work on the edge of the planned NC Ranch development. 

The city’s solar ordinance has been under review since October when the commission directed staff to look into what the city can do about citizen concerns surrounding a coming solar farm. 

Florida Renewable Partners (FRP) purchased a plot of land in southwest Newberry with the intention of starting a solar farm, and neighbors have expressed concerns that the operation could damage their quality of life. 

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Newberry has allowed solar farms use “by right” in agricultural zoning districts since 2019, and in 2021, the state created a statute acknowledging the same right. With the state law, Newberry cannot do anything to stop a solar farm in agricultural zoning, but citizens have asked for some changes to Newberry regulations to limit prospective solar farmers. 

FRP does not plan to begin construction until 2027, and likely will not apply for its site and development plans until 2026. Still, Newberry staff has also been working with the company to ensure that the city does not impress undue burden on the company after it has already purchased the land with a certain intent. 

The first reading passed on Monday left much of the regulations intact but changed the minimum setback of solar equipment from the fence to 25 feet instead of 10. The new regulations would also require a 15- to 20-foot vegetative buffer and remove the requirement that a fence be chain link, to better allow wildlife to pass through. 

During the same meeting, the commission heard and approved a zoning and future land use change for a 50-acre plot in the future NC Ranch development. The land was zoned for agricultural use but has now been rezoned for material-oriented industrial. 

The planning and zoning board had unanimously recommended approval, but had sent the item over with a follow-up question—what use by right would the landowner have? 

Bryan Thomas, Newberry’s director of planning and economic development, told the commission the industrial zoning does not come with any specified uses by right, only a list of prohibited uses. The developer will need to come back before the commission for a special use permit for any uses or activities on the property. 

Gerry Dedenbach, executive vice president and principal planner at CHW Consultants, presented the application on behalf of E.D. Norfleet. 

Dedenbach said Norfleet wants to use the back end of the property for aggregate materials that can be brought in by rail. The front end of the property, facing the road, would have “pretty” things like cabinet shops, kitchen and bath shops and window shops. 

The use of the rail line would help minimize traffic on State Roads 45 and 46 to and from the Norfleet property as the 1,300-acre NC Ranch project would develop over the next 50 years. 

Dedenbach said the site was strategically chosen because of its proximity to the other Norfleet property and the development project, with one end backed up to a rail line. He noted that this strategic mindset helps establish the site as strategic rezoning, not spot rezoning, and Thomas said city staff concurs. 

The rezoning and future land use amendment both passed 4-1, with Commissioner Tony Mazon in dissent in both votes. 

“I love the layout,” Mazon said. “I’m just torn on the location of it. The location of it is really getting me. You’ve got residents all around, you’ve got a sports complex up the road.” 

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