HomeMy WebLinkAbout17-061JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT �� W
SAINT LUCIE COUNTY
FILE # 4297170 0411 2/201 7 01:59:13 PM
OR BOOK 3984 PAGE 452 - 458 Doc Type: RESO
,ECORDING: $61.00
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- --Kesmution 2017-61
File No.: CU 1220165099
A RESOLUTION GRANTING CONDITIONAL USE PERMIT
APPROVAL TO ALLOW FOR THE CONSTRUCTION AND
OPERATION OF A 74.5 MW PHOTOVOLTAIC SOLAR
CENTER IN THE AG -5, (AGRICULTURAL - 5) ZONING
DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST.
LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to findings in the staff report, has
made the following determinations:
0
1. Florida Power & Light Company, presented a petition for a Conditional Use
Permit to allow for the construction and operation of a 74.5 MW Photovoltaic
Solar ,Center consisting of approximately 300,000 solar panels in the AG -5
(Agricultural — 5) Zoning District for the property depicted on the attached map in
Exhibit "A" and described in Part B below.
2. On March 16, 2017, the St. Lucie County Planning and Zoning Commission held
a public hearing on the petition, after publishing notice at least 10 days prior to
the hearing and notifying by mail all owners of property within 500 feet of the
subject property, -and recommended -that the Board of County Commissioners
approve the hereinafter described Conditional Use Permit in the AG -5
(Agricultural — 5) Zoning District for the property described in Part B.
3. On April 4, 2017, this Board held a public hearing on the petition, after publishing
a notice of such hearing and notifying by mail all owners of property within 500
feet of the subject property.
4. The Conditional Use Permit, with the conditions therein, is consistent with the
goals, objectives and policies of the St. Lucie County Comprehensive Plan and
has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land
Development Code.
5. With conditions therein, the project will not have an undue adverse effect on
adjacent property, the character of the neighborhood, traffic conditions, parking,
utility facilities, or other matters affecting the public health, safety and general
welfare.
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April 4, 2017
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Resolution 2017-61
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land .Development Code, a
Conditional Use Permit that allows for the construction and operation of a 74.5
MW Photovoltaic Solar Center consisting of approximately 300,000 solar panels
on the property described below is hereby approved subject to the following
conditions:
1. The conditional use improvements and operational areas shall be
consistent with Resolution No. 2017-60 authorizing Major Site Plan
approval on the drawings prepared by Culpepper and Terpening, Inc. date
stamped received by the St. Lucie County Planning Division on April 6,
2017. Adjustments to the site plan or conditional use permit may be made
consistent with the St. Lucie County Land Development Code.
2. On-site construction activities and/or repairs to the solar energy facility
shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and
8:00 a.m. to 5:00 p.m. on Saturday.
3. Footcandle readings for all exterior lighting associated with normal
operations of the solar center shall be zero (0) at.adjacent property lines.
Repairs and maintenance of solar center equipment shall be exempt from
this provision.
4. If the use is not operated for a continuous period of 12 months, it shall be
considered abandoned, and the owner- of such solar equipment shall
remove the same within 180 days of receipt of notice from the County
notifying the owner of such abandonment. Failure to remove the
abandoned equipment shall be grounds for the County to remove the
equipment at the expense of the owner.
5. The owner at all times shall comply with the St. Lucie County Code of
Ordinances, Section 28-107 through 28-112, as amended regulating
noise.
B. The subject property is described as follows:
PARCEL 1:
A parcel of land being in Section 33 and Section 28, Township 37 South, Range
38 East, St. Lucie County, Florida. Said parcel of land being the West 458.80
acres of the East 1221.48 acres of that part of Sections 33 and 28 that lies East
of a fence line known as the McCarty Fence and North of the North Right of Way
line of the Central and Southern Florida Flood Control District Canal C-23. Said
parcel of land being more fully described as follows:
File No.: CU 1220165099
April 4, 2017
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Resolution 2017-61
Beginning at the Southeast corner of said Section 33 thence proceed North 0°
.32' 44" West along the East line of said Section 33 for a distance of 290.74 feet
to a point where said East line of Section 33 intersects the North Right of Way
line of said Canal C-23. Thence proceed South 890 27'-28" West along the North
right of way line of said Canal C-23 for a distance of 3236.11 feet to a point, said
point being the POINT OR PLACE OF BEGINNING of this description. (1)
Thence continue South 891 27' 28" West along the North right of way line of said
Canal C-23 for a distance of 1916.84 feet to a point on the above described
McCarty Fence line. (2) Thence proceed North 01 07' 59" West along said fence
line for a distance of 5029.55 feet to a point. (3) Thence proceed North 20 34' 25"
West along said fence line for a distance of 5308.69 feet to the Northwest corner
of said Section 28. (4) Thence proceed South 890 28' 40" East along the North
line of Section 28 for a distance of 2068.88 feet to a point, said point also being
3236.67 feet North 890 28' 40" West of the Northeast corner of said Section 28.
(5) Thence proceed South 01 32' 44" East for a distance of 10,296.25 feet to a
point on the North right of way line of said Canal C-23 and the POINT OR
PLACE OF BEGINNING of this description.
ALSO:
Beginning at the NW corner of Section 28, Township 37 South, Range 38 East,
St. Lucie County, Florida, run South 20 34' 25" East a distance of 5308.69 feet,
thence run South 00 7' 59" East a distance of 5231.32 (5279.52 Desc) to the
South Fine of Section 33, Township 37 South, Range 38 East, thence run South
890 54' 26" West along Section line a distance of 243.27 feet to the Southwest
corner of said Section 33, thence run North 00 20'45" West a distance of 5280.37
feet to the Northwest corner of said Section 33, thence run North 00 15' 35" East
a distance of 5304.10 feetto-the POINT OF BEGINNING.
PARCEL 2:
Begin at the Southwest corner of Section 21, Township 37 South, Range 38
East, St. Lucie County, Florida, bear North 890 59' 00" East, along the South line
of said Section a distance of 2049.75 feet; thence North 20 26' 00" West a
distance 680.50 feet; thence South 891 59' 00" West a distance of 1629.79 feet
to the Southeast right of way line of the Florida East Coast Railway; thence
South 440 13' 30" West along said right of way line a distance of 576.93 feet to
the West line of said Section 21; thence South 20 26' 00" East along said line a
distance of 266.82 feet to the POINT OF BEGINNING.
File No.: CU 1220165099
April 4, 2017 ,
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Resolution 2017-61
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PARCEL 3:
From the Southwest corner of Section 21, Township 37 South, Range 38. East,
St. Lucie County, Florida, bear North 890 59' 00" East, along the South line of
said Section a distance of 2049.75 feet; thence North 21 26' 00" West, a distance
of 680.50 feet to the POINT OF BEGINNING; thence continue North 20 26' 00"
West a distance of 1605.43 feet to the Southeast right of way line of the Florida
East Coast Railway; thence South 441 13' 30" West along said right of way Fine a
distance of 2238.96 feet; thence North 890 59' 00" East a distance of 1629.79
feet to the POINT OF BEGINNING.
PARCELS 1, 2 AND 3 ABOVE ARE ALSO DESCRIBED AS FOLLOWS:
A Parcel of land lying in Sections 21, 28 and 33, Township 37 South, Range 38
East, St. Lucie County, Florida, being -more particularly described as follows:
Beginning at the Southwest corner of said Section 21 run N 011 52' 01" W along
the West line of said Section 21 for a distance of 266.82 feet to the Southeast
Right of Way line of the Florida East Coast Rail (FDOT Right of Way, Map
Section 94636-2602); thence run N 441 47' 29" E along said Southeast Right of
Way line for a distance of 2815.89 feet; thence run S 010 52' 01" E, departing
said Right of Way line, for a distance of 2285.93 feet to the South line of said
Section 21, thence run S 891 27' 01" E along said South line for a distance of
19.13 feet; thence run S 001 31' 05" E for a distance of 10299.15 feet to the
North Right of Way line of the Central and Southern Florida Flood Control District
Canal C-23 (Drawing Number C-23-10 with latest revision date of 1-1.2-76);
thence run S 890 27' 28" W along said North Right of Way line for a distance of
2161.07 feet to the West line of said Section 33; thence run N 000 19' 06" W
along said West line for a distance of 5036.17 feet to the Northwest corner of
said Section 33; thence run N 001 17' 33" E along the West line of said Section
28 for a distance of 5303.02 feet to the Northwest corner of said Section 28 and
the Point of Beginning.
PARCEL 4:
A perpetual non-exclusive easement for constructing, using, maintaining and
operating a road for traffic purposes, and for utilities over, under and upon those
certain lands as described in Easement Agreement by and between Mabel
Corporation, a Florida corporation, Center Lake Corporation, a Florida
corporation, Shawnee Groves Corporation, a Florida corporation, and Granada
Groves Corporation, a Florida corporation, dated January 30, 1968, recorded
February 12, 1968, in Official Records Book 170, Page 1346, of the Public
Records of St. Lucie County, Florida.
File No.: CU 1220165099
April 4, 2017
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Resolution 2017-61
.,
Parcel Identification Number: 4221-312-0040-000-1
C. The approvals and authorizations granted by this Resolution are for the purpose
of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and
are not assigned to any other party or institution. Should the petitioners choose
or decide to assign this business to another entity or individual, a minor
adjustment to the Conditional Use Permit shall be required.
D. The approvals and authorizations granted by this Resolution shall expire on
April 4, 2018, unless a Building Permit or Certificate of Zoning Compliance for is
obtained for the uses described in Part A above, or an extension has been
granted in accordance with Section 11.07.05(F), St. Lucie County Land
Development Code.
File No.: CU 1220165099
April 4, 2017
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Resolution 2017-61
After motion and second, the vote on this resolution was as follows:
Chairman Chris Dzadovsky AYE
Vice -Chairman Tod Mowery AYE
Commissioner Frannie Hutchinson AYE
Commissioner Linda Bartz AYE
Commissioner Cathy Townsend AYE
PASSED AND DULY ADOPTED this 4th day of April, 2017.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
ATTEST:
nt�
File No.: CU 1220165099
April 4, 2017
BY
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Page 6
Resolution 2017-61
Exhibit A
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FPL Loggerhead Solar Energy Center
File No.: CU 1220165099
April 4, 2017
Page 7
Resolution 2017-61