HomeMy WebLinkAbout17-0601 RESOLUTION 2017-60
2 File Number: MJSP 1'220165098
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4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
5 ST. LUCIE COUNTY GRANTING MAJOR SITE PLAN APPROVAL FOR
6 THE CONSTRUCTION AND OPERATION OF A 74.5 MW
7 PHOTOVOLTAIC SOLAR ENERGY CENTER ON +/-565 ACRES OF
8 PROPERTY IN ST. LUCIE COUNTY.
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10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based
11 on the testimony and evidence, including but not limited to the staff report, has made
12 the following determinations:
13. SITE PLAN
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15 1. Florida Power & Light Company presented a petition for a Major Site Plan to be
16 known as FPL Loggerhead Solar Energy Center for the operation of a 74.5 MW
17 Photovoltaic Solar Energy Center on approximately 565 acres in the AG -5,
18 Agricultural -5, zoning district as described in Part A. '
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20 2. On April 4, 2017, this Board held a public meeting on the petition.
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22 3. The St. Lucie County Development Review Committee has reviewed the Major
23 Site Plan for the project and found it to meet all technical requirements and to be
24 consistent with the Future Land Use Map of the St. Lucie County Comprehensive
25 Plan, subject -to the conditions set forth in Part B of this Resolution.
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27 4. The proposed project is consistent with the general purpose, goals, objectives,
28 and standards of the St. Lucie County Land Development Code, the St. Lucie
29 County Comprehensive Plan and the Code of Ordinances of St. Lucie County.
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31 5. The proposed project will not have an undue adverse effect on adjacent property,
32 the character of the neighborhood, traffic conditions, parking, utility facilities or
33 other matters affecting the public health, safety and general welfare.
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35 6. All reasonable steps have been taken to minimize any adverse effect of the
36 proposed project on the immediate vicinity through building design, site design,
37 landscaping and screening.
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39 7. The proposed project will be constructed, arranged and operated so as not to
40 interfere with the development and use of neighboring property, in accordance
41 with applicable district regulations.
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Aril 4, 201 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT ReSOIUtIOn NO. ZO1 %-6O
42971
P SAINT COUNTY File No.: MJSP 1220165098
Page 1 FILE # 4297171 04/12/2017 01:59:13 PM
OR BOOK 3984 PAGE 459 - 467 Doc Type: RESO
i RECORDING: $78.00
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WAIVERS
1. Florida Power & Light Company has requested, as part of their proposed site
plan, a waiver from the maximum lot coverage requirements and a waiver from
the minimum landscaping requirements for solar generation station sites as
identified in LDC, Section 7.10.28 — Solar Energy.
2. After consideration of the testimony presented during the April 4, 2017 public
meeting, including staff comments the Board of County Commissioners has
made the following determinations and granted the following waivers -
a. A waiver to exceed the maximum 10% lot coverage for structures in the
AG -5 zoning district by providing 276.71 acres or 49% of the property
covered in solar arrays as stated in LDC, Section 7.04.01.A. is hereby
granted due to practical difficulties which may result from strict
compliance with the LDC and will not be detrimental to the interest of the
public.
b. A waiver from the minimum landscaping requirements as required in
LDC, Section 7.09.00 is hereby granted. More specifically, a landscape
waiver from the vehicular use areas and the buffer yards in order to
ensure optimal solar access. No written or verbal concerns or objections
regarding this waiver request have been received by the County from
adjoining property owners to the east and west. .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The property on which the Major Site Plan is being granted 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 -
Beginning at the Southeast corner of said Section 33 thence proceed North 01
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 891 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)
April 4, 2017 Resolution No. 2017-60
Page 2 File No.: MJSP 1220165098
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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 line 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 feet to 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 891 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 890 59' 00" West a distance of 1629.79 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 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.
PAPr.FI 1 -
From the Southwest corner of Section 21, Township 37 South, Range 38 East,
St. Lucie County, Florida, bear North 891 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 440 13' 30" West along said right of way line a
distance of 2238.96 feet; thence North 891 59' 00" East a distance of 1629.79
feet to the POINT OF BEGINNING.
April 4, 2017
Page 3
Resolution No. 2017-60
File No.: MJSP 1220165098
1 PARCELS 1, 2 AND 3 ABOVE ARE ALSO DESCRIBED AS FOLLOWS:
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3 A Parcel of land lying in Sections 21, 28 and 33, Township 37 South, Range 38
4 East, St. Lucie County, Florida, being more particularly described as follows:
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6 Beginning at the Southwest corner of said Section 21 run N 011 52' 01" W along
7 the West line of said Section 21 for a distance of 266.82 feet to the Southeast
8 Right of Way line of the Florida East Coast Rail (FDOT Right of Way Map
9 Section 94636-2602); thence run N 440 47' 29" E along said Southeast Right of
10 Way line for a distance of 2815.89 feet; thence run S 010 52' 01" E, departing
11 said Right of Way line, for a distance of 2285.93 feet to the South line of said
12 Section 21, thence run S 891 27' 01" E along said South line for a distance of
13 19.13 feet; thence run S 001 31' 05" E for a distance of 10299.15 feet to the
14 North Right of Way line of the Central and Southern Florida Flood Control District
15 Canal C-23 (Drawing Number C-23-10 with latest revision date of 1-12-76)-
16 thence run S 891 27' 28" W along said North Right of Way line for a distance of
17 2161.07 feet to the West line of said Section 33; thence run N 001 19' 06" W
18 J along said West line for a distance of 5036.17 feet to the Northwest_ corner of
19 said Section 33; thence run N 001 17' 33" E along the West line of said Section
20 28 for a distance of 5303.02 feet to the Northwest corner of said Section 28 and
21 the Point of Beginning.
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23 PARCEL 4:
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25 A perpetual non-exclusive easement for constructing, using, maintaining and
26 operating a road for traffic purposes, and for utilities over, under and upon those
27 certain lands as described in Easement Agreement by and between Mabel
28 Corporation, a Florida corporation, Center Lake Corporation, a Florida
29 corporation, Shawnee Groves Corporation, a Florida corporation, and Granada
30 Groves Corporation, a Florida corporation, dated January 30, 1968, recorded
31 February 12, 1968, in Official Records Book 170, Page 1346, of the Public
32 Records of St. Lucie County, Florida.
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34 Parcel Identification Number: 4221-312-0040-000-1
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36 B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the
37 Major Site Plan for the project known as FPL Loggerhead Solar Energy Center is
38 hereby approved as shown on the site plan drawings for the project prepared by
39 Culpepper and Terpening, Inc. dated April 5, 2017, and date stamped received by
40 the St. Lucie County Planning & Development Services Department on April 6,
41 2017, subject to the following conditions: -
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April 4, 2017 Resolution No. 2017-60
Page 4 File No.: MJSP 1220165098
1 Environmental Resources Department
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3 1. Within 90 days of site plan approval, the applicant shall modify the supplemental
4 buffer planting plan for the Glades Cut Off right-of-way to include the southern
5 perimeter of the project. If there are any voids, the applicant shall coordinate the
6 placement, type, and quantity - of vegetative landscape material with
7 Environmental Resources Department staff that is needed to maintain an opaque
8 buffer. C
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10 2. Within 90 days of site plan approval all invasive exotic vegetation located within
11 the property boundary shall be removed (Land Development Code Section
12 7.09.05). If existing vegetation and/or berms do not adequately buffer
13 neighboring properties to the north and south or exotic removal activities create
14 voids in the existing natural northern and southern perimeter buffers, then
15 supplemental native landscaping per the approved buffer plan shall be -installed.
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17 3. The issuance of County development permit does not in any way create. any
18 rights on the part of the applicant to obtain a permit from a state or federal agency
19 and does not create any liability on the part of the County if the applicant fails to
20 obtain requisite approvals or fulfill the obligations imposed by a state or federal
21 agency or undertakes actions that result in a violation of state or federal law.
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23 4. All other applicable state or federal permits must be obtained before
24 commencement of the development.
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26 Public Works Department, Engineering Division
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28 5. Prior to commencement of any construction activities or transporting oversized
29 loads on County road rights -of -ways, the applicant shall make application for an
30 "Application to Move Buildings or Equipment Over County Roads". Prior to the
31 approval of this application, the applicant shall be required to post a bond in an
32 satisfactory amount (amount to be reviewed and approved by the County
33 Attorney) to the Public Works, Engineering Division to assure that any damage in
34 in the Glades Cut Off Road right-of-way is restored to pre -construction
35 conditions.
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37 C. The approvals and authorizations .granted by this Resolution shall expire on April 4,
38 2019 unless a building permit is secured or a site plan extension is granted in
39 accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code.
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41 D. The property owner, including any successors in interest, shall obtain all applicable
42 development permits and construction authorizations from the appropriate State and
43 Federal and local regulatory agencies including, but not limited to, the United States
44 Army Corps of Engineers, the Florida Department of Environmental Protection,
45 Florida Department of Transportation, South Florida Water Management District,
April 4, 2017 Resolution No. 2017-60
Page 5 File No.: MJSP 1220165098
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and the St. Lucie County Environmental Resources and Building Departments prior
to the commencement of any development activities on the property described in
Part A. Issuance of this permit by the County does not in any way create any rights
on the part of the developer to obtain a permit from a state or federal agency and
does not create any liability on the part of the County for ;issuance of this permit if
the developer fails to obtain requisite approvals or fulfill the obligations imposed by a
state or federal agency or undertake actions that may result in a violation of state or
federal law.
E. The conditions set forth in Part B are an integral non -severable part of the site plan
approval granted by this Resolution. If any condition set forth in Part . B is
determined to be invalid or unenforceable for any reason and the developer declines
to comply voluntarily with that condition, the site plan approval granted by this
resolution shall become null and void.
F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made
a part hereof the Resolution, was granted by the Planning & Development Services
Department Director on April 5, 2017.
G. A recorded copy of this Resolution shall be attached to the site plan drawings
described in Part A, which plan shall be placed on file with the St. Lucie County
Planning & Development Services Department Director.
April 4, 2017
Page 6
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Resolution No. 2017-60
File No.: MJSP 1220165098
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H. ADOPTION
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 COMMISSIONER;
ST. LUCIE COUNTY, FLORID]
ATTEST:
D PUTY CLERK
April 4, 2017
Page 7
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APPROVED AS TO FORM AND
CORRECTNESS:
Resolution No. 2017-60
File No.: MJSP 1220165098
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St Lucie Coun
Martin County
April 4, 2017
Page 8
EXHIBIT "A"
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Resolution No. 2017-60
File No.: MJSP 1220165098
St Lucie County
Certificate of Capacity
Date 4/5/2017 ' Certificate No. 2982
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development FPL Loggerhead Solar Energy Center
2. Property legal description & Tax ID no.
4331-312-0040-000-1
21355 Glades Cut Off Road
3. Approval: Building Resolution No. 2017-60
4. Subject to the following conditions for concurrency:
Aa per Resolution 2017-60
Owner's name
Florida Power & Light Company
Address
700 Universe Blvd. PSX/JB
Juno Beach FL 33408
6. Certificate Expiration Date 4/4/2019
This Certificate. of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying de lopment o rissued with this certificate, or for subsequent
develo mnnent der(s) iss e�for the same property, use and size as described herein.
9 ll� ! i
Signed I u k n V V( ) I ZNLI I — Date: 4/5/2017
Planning and Development Services Director
St Lucie County, Florida
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