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a. Application submittal requirements detailed within Section 2.7 of the UDO have been <br />satisfied. <br />b. The applicant has demonstrated compliance with respect to landscaping and buffering <br />requirements as detailed within Section 6.8 of the UDO. <br />c. Staff has made the determination that a formal Environmental Impact Statement would <br />not be required per Section 6.16 of the UDO. <br />d. The applicant has complied with specific development standards associated with the <br />development of a solar facility as detailed within Section 5.9.6 (C) of the UDO. <br />e. Comments received from various County agencies (e.g. Sheriff, Fire Marshal, DEAPR, <br />Orange County Health) indicate there are no concerns associated with the request. <br />f. When this project was first acted upon, staff recommended the imposition of a condition <br />requiring a conservation easement be placed on the portion of the property encumbered <br />by floodplain. <br />The applicant agreed to the imposition of this condition and began moving forward with <br />compliance. Unfortunately issues arose relating to the imposition of this conservation <br />easement. Specifically, the applicant faced difficulty in establishing the easement and <br />complying with applicable local and State regulations/guidelines. <br />After lengthy discussion and review of this matter, it was determined that the easement <br />would be difficult to establish while maintaining compliance with applicable provisions of <br />State law. Also, the granting of the easement would not necessarily be within the <br />interests of the County, property owners, or the applicant. <br />The new application proposes to preserve the same area via a natural buffer that would <br />be recorded on the plat and stipulated as a Condition of Approval for this Class A SUP. <br />Staff supports the revised condition as detailed herein. <br />g. Staff finds the proposal is consistent with the various goals outlined within the <br />Comprehensive Plan concerning development, including: <br />1. Natural and Cultural Systems Goal 1: Energy conservation, sustainable use of <br />non-polluting renewable energy resources, efficient use of non-renewable energy <br />resources and clean air. <br />2. Objective AE-15: Foster participation in green energy programs such as <br />installation incentives for solar hot water/solar generation/solar tempering in <br />residential or commercial construction. The County should develop programs that <br />will link citizens and businesses with options for alternative and sustainable energy <br />sources. <br />3. Objective AG-8: Encourage the use and production of natural fuel alternatives to <br />petroleum based products and pursue new types of energy sources. <br /> <br />Planning Director’s Recommendation: In accordance with the provisions of Section 2.7.4 of the <br />UDO, the Planning Director recommends approval of the application subject to: <br />• Approval of the recommended Findings of Fact as detailed within Attachment 4; <br />• The imposition of the recommended conditions detailed within Attachment 4; and <br />• The Planning Board’s and BOCC’s ability to make an affirmative finding on the general <br />standards outlined within Section 5.3.2 of the UDO. <br /> 17