The URL can be used to link to this page

Home My WebLink About18-009JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4395964 01/30/2018 01:55:34 PM OR BOOK 4091 PAGE 2927 - 2934 Doc Type: RESO RECORDING: $69.50 RESOLUTION 2018-09 File Number: MJSP 520175135 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING MAJOR SITE PLAN APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A 74.5 MW PHOTOVOLTAIC SOLAR ENERGY CENTER ON +1-540 ACRES OF PROPERTY IN ST. LUCIE COUNTY. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: SITE PLAN Florida Power & Light Company presented a petition for a Major Site Plan to be known as FPL Interstate Solar Energy Center for the operation of a 74.5 MW Photovoltaic Solar Energy Center on approximately 540 acres in the AG -1, Agricultural -1, zoning district as described in Part A. 2. On January 23, 2018, this Board held a public meeting on the petition. 3. The St. Lucie County Development Review Committee has reviewed the Major Site Plan for the project and found it to meet all technical requirements and to be consistent with the Future Land Use Map of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part B of this Resolution. 4. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 5. The proposed 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. 6. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 7. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. January 23, 2018 Resolution No. 2018-09 Page 1 File No.: MJSP 520175135 WAIVERS 1. Florida Power & Light Company has requested, as part of their proposed site plan, a waiver from the maximum lot coverage requirements, a waiver from the minimum landscaping requirements and a waiver from the minimum setback requirements for solar devices as identified in LDC, Section 7.10.28 — Solar Energy. 2. After consideration of the testimony presented during the January 23, 2018 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 -1 zoning district by providing 274.63 acres or 50.9% of the property covered in solar arrays and vaults 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. c. A waiver from the minimum 50 foot setback requirement for solar devices as required in LDC, Section 7.10.28(A)(1)(c) is hereby granted. More specifically, dimensional relief is granted for the placement of devices in the setback areas to the north, south and west property lines in the amount of 30 feet for the west property line and 20 feet for the north and south property lines, respectively. 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 That part of the Northeast 114 of Section 28, Township 34 South, Range 39 East, lying Westerly of the Right of Way for Interstate 95, AND the South of the Northwest'/ of Section 28, Township 34 South, Range 39 East, lying Westerly of the Right of Way for Interstate 95, St. Lucie County, Florida, less and excepting therefrom the North 200 feet of that part thereof situate and being within the Southeast 114 of the Northwest % of said Section 28 lying Westerly of the Right of Way for Interstate 95. January 23, 2018 Resolution No. 2018-09 Page 2 File No.: MJSP 520175135 Together with and subject to those certain easements contained in the following: a. That certain Warranty Deed given by St. Lucie Groves Investments, ltd. to Edgar A. Brown, as Trustee dated January 18, 1993 and recorded in Official Records Book 824, Page 2323, of the Public Records of St. Lucie County, Florida. b. That certain Declaration of Easements and Covenants made by Edgar A. Brown, individually and as Trustee, as Declarant dated March 28, 1993 and recorded In Official Records Book 834, Page 2383, of the Public Records of St. Lucie County, Florida. Parcel 2 The West Y2 of the Southwest 1/4 of Section 28, Township 34 South, Range 39 East, St. Lucie County, Florida. Parcel 3 The West Y2 of the Northeast 114 of the Southwest 114 of Section 28, Township 34 South, Range 39 East, St. Lucie County, Florida. Parral d The East of the Northeast 1/4 of the Southwest 114 of Section 28, Township 34 South. Range 39 East, St. Lucie County, Florida. Parcel 5 The Southeast 1/4 of the Southwest 1/4 of Section 28, Township 34 South, Range 39 East AND that part of the Southeast 1/4 of Section 28, Township 34 South, Range 39 East, lying Westerly of the right-of-way for Interstate 95, St. Lucie County, Florida. Together with and subject to those certain easements contained in the following: a. That certain Warranty Deed given by St. Lucie Groves Investments, Ltd. to Edgar A. Brown, as Trustee, dated January 18, 1993 and recorded In Official Records Book 824, Page 2323, of the Public Records of St. Lucie County, Florida. b. That certain Declaration of Easements and Covenants made by Edgar A. Brown, individually and as Trustee, as Declarant, dated March 26, 1993 January 23, 2018 Resolution No. 2018-09 Page 3 File No.: MJSP 520175135 and recorded in Official Records Book 834, Page 2383, of the Public Records of St. Lucie County, Florida. Parcel 6 The North Y2 of Section 33, Township 34 South, Range 39 East lying West of 1- 95,excepting therefrom, however, the South 75 feet thereof, also Less and Except Proposed St. Lucie Blvd. as described in Official Records Book 710, Page 2734, of the Public Records of St. Lucie County, Florida. Parcel Identification Numbers: 1328-231-0001-000-7 1328-321-0001-000-3 1328-312-0001-000-5 1328-311-0001-000-2 1333-112-0010-000-3 1328-341-0001-000-5 1328-132-0025-000-7 B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Major Site Plan for the project known as FPL Interstate Solar Energy Center is hereby approved as shown on the site plan drawings for the project prepared by Culpepper and Terpening, Inc. dated December 13, 2017, and date stamped received by the St. Lucie County Planning & Development Services Department on January 10, 2018, subject to the following conditions: Planning and Development Services Department — Planning Division 1. Prior to the issuance of a building permit for the 15,000 s.f. Solar PV Operations Center as depicted on the site plan, a petition for an adjustment to the Major Site Plan shall be submitted to the Planning Division for review and approval. Environmental Resources Department 1) Prior to issuance of a Vegetation Removal Permit or Exemption, updated species specific surveys, for the gopher tortoises, shall be provided per appropriate state and federal protocols. 2) Prior to Building Permit Application, for the 15,000 s.f. Solar Photovoltaic Operations Center all Category I listed invasive species shall be eradicated from the site. 3) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer shall provide an executed Conservation Easement for all preserved wetlands and their associated buffers along with the approved Preserve Area Monitoring and Management Plan (PAMMP) for all preserves onsite, with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also January 23, 2018 Resolution No. 2018-09 Page 4 File No.: MJSP 520175135 provide a georeferenced GIS shapefile or CAD file of the conservation easement boundaries to St. Lucie County. 4) The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 5) All other applicable state or federal permits must be obtained before commencement of the development. Public Works Department, Engineerinq Division 1. Prior to commencement of any construction activities or transporting oversized loads on County road rights -of -ways, the applicant shall make application for an "Application to Move Buildings or Equipment Over County Roads". Prior to the approval of this application, the applicant shall be required to post a bond in an satisfactory amount (amount to be reviewed and approved by the County Attorney) to the Public Works, Engineering Division to assure that any damage in in the Aico Road right-of-way is restored to pre -construction conditions. C. The approvals and authorizations granted by this Resolution shall expire on January 23, 2020 unless a building permit is secured or a site plan extension is granted in accordance with Section 11.02.06(B)(2), St. Lucie County Land Development Code. D. The property owner, including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, 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 January 23, 2018 Resolution No. 2018-09 Page 5 File No.: MJSP 520175135 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 January 24, 2018. G. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part B, which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. H. ADOPTION After motion and second, the vote on this resolution was as follows: Chair Frannie Hutchinson AYE Vice -Chair Linda Bartz AYE Commissioner Chris Dzadovsky AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 23rd day of January, 2018. ATTEST: January 23, 2018 Page 6 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Lr=4 A B Frannie H chinson, Chair APPROVED AS TO FORM AND CORRECTNESS: Resolution No. 2018-09 File No.: MJSP 520175135 EXHIBIT "A" LOCATION MAP FPL Interstate Solar Energy Facility MJSP - 520175136, CU - 520175136 County boundary 3 1� as E YLU t indrio Rd, Subject parcel N � y 'O 07 ^ O m Y Indian x River E Florlda Turnpike 13 o a St Lucie Blvd a�0� GO, 0 C•25 Angie Rd m Y �G ,�fersf N a df � a., 9S Orange Ave N N € 12 a�� L rn c = Edwards Rd,,,—r January 23, 2018 Resolution No. 2018-09 Page 7 File No.: MJSP 520175135 EXHIBIT ° B u St Lucie County- Certificate ountyCertificate of Capacity Date 1/24/2018 Certificate No. 2999 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 74.5 MW Photovoltaic Solar Energy Center Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 1328-231, 1328321, 1328-312, 1328-311, 1333-112, 1328-341, 1328-132 several South of lndrio Road, west of 1-95 & NE of FL FPL Interstate Solar Energy Center 3. Approval: Buildinq Resolution No. 2018-09 Letter 4. Subject to the following conditions for concurrency: Outlined in Resolution 2018-09 and Resolution 2018-10 Owner's name Florida Power & Light Company Address 700 Universe Blvd. PSX/JB Juno Beach FL 33408 6. Certificate Expiration Date 1/23/2019 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 development orderissued with this certificate, or for subsequent develop�merjt order s) issued for the same property, use and size as described herein. Signed i � 0&91 j\y \ Date: 1/24/2018 Planning and Development Services Director St Lucie County, Florida Wednesday, January 24, 2018 Page 1 of 2