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Home My WebLink About18-010Resolution 2018- 010 File No.: CU 520175136 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING CONDITIONAL USE PERMIT APPROVAL TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A 74.5 MW PHOTOVOLTAIC SOLAR CENTER IN THE AG -1, (AGRICULTURAL - 1) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED 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 findings in the staff report, has made the following determinations: 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 in the AG -1 (Agricultural — 1) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On October 19, 2017, the Planning and Zoning Commission at the request of the applicant, continued the public hearing on the petition to November 16, 2017, and on November 16, 2017, the applicant further requested a continuance of the petition to December 21, 2017, 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, 3. On December 21, 2017, the St. Lucie County Planning and Zoning Commission resumed the public hearing on the petition, and recommended that the Board of County Commissioners approve the hereinafter described Conditional Use Permit in the AG -1 (Agricultural — 1) Zoning District for the property described in Part B. 4. On January 23, 2018, 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. 5. 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. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4396590 01/3112018 04:30:23 PM OR BOOK 4092 PAGE 1489 - 1497 Doc Type: RESO RECORDING: $78.00 January 23, 2018 Resolution 2018-010 Page 1 of 9 File No. CU 520175136 6. 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. 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 on the property described below is hereby approved subject to the following conditions: Planninq and Development Services, Planning Division 1. The conditional use improvements and operational areas shall be consistent with Resolution No. 2018-09 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 January 10, 2018. 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, Section 28-107 through 28-112, as amended, regulating noise. 6. The Applicant acknowledges that St. Lucie County may want to initiate a Future Land Use Map Amendment and Rezoning of the property as described in Exhibit "A." Consent by the applicant to any County initiated January 23, 2018 Resolution 2018-010 Page 2 of 9 File No. CU 520175136 Future Land Use Map Amendment or Rezoning shall not be unreasonably withheld. Any such Amendment shall include provisions that Solar Generation Stations as defined by the St. Lucie County Land Development Code as amended through Ordinance No. 16-012, adopted July 26, 2016 shall be a permitted use within the new proposed Future Land Use and Zoning districts. 7. Applicant agrees to deliver to County a Boundary Line Agreement in order to correct certain error and omissions contained in the legal descriptions of Warranty Deeds, intended to convey property to the County for right-of- way purposes, said deeds being dated May 31, 1990, recorded in Official Records Book 710, at Page 2734. And dated August 18, 2016, recorded in Official Record Book 3905, at Page 2775, both of the public records of St. Lucie County, Florida. Environmental Resources Department 8. 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. 9. All other applicable state or federal permits must be obtained before commencement of the development. 10. Alternative tree mitigation shall be obtained by the applicant through the conveyance of the Southerly 120 acres, depicted on Exhibit B, attached hereto (the "Southern Parcel"), to St. Lucie County. Said conveyance shall be by Special Warranty Deed, free of all liens and encumbrances, except for that certain pipeline easement recorded in Official Records Book 261, at Page 512 of the Public Records of St. Lucie County, Florida, and reserving unto the applicant, as depicted on Exhibit B a 100 -foot easement, granting the applicant the right and privilege to cut, trim and clear all trees and vegetation within the described 100 -foot easement and further granting a prohibition against erecting, placing, permitting or maintaining any structures whatsoever within the Northerly and Easterly 50 -feet of said easement and prohibiting erecting, placing, permitting or maintaining any structures whatsoever above the finished height of 60 -feet within the Southerly and Westerly 50 -feet of said easement in perpetuity. Any future proceeds from a sale of the Southern Parcel shall be placed into St. Lucie County's Fee -in -Lieu of Landscaping/Restoration Planting Fees Fund account. The conveyance shall occur prior to the January 23, 2018 Resolution 2018-010 Page 3 of 9 File No. CU 520175136 commencement of any removal of vegetation from the site. At the time of conveyance, applicant shall provide St. Lucie County with a title policy, survey and environmental phase 1 report for said 120 acres. 11. Upon construction of the operations and maintenance building, as identified by note #29, on the Major Site Plan, the applicant shall provide an educational component that will be available to St. Lucie County for educational purposes. B. The subject property 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. 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 and recorded In Official Records Book 834, Page 2383, of the Public Records of St. Lucie County, Florida. Parcel 2 The West '/2 of the Southwest 114 of Section 28, Township 34 South, Range 39 East, St. Lucie County, Florida. Parcel 3 The West '/2 of the Northeast 114 of the Southwest 114 of Section 28, Township 34 South, Range 39 East, St. Lucie County, Florida. Parcel 4 January 23, 2018 Resolution 2018-010 Page 4 of 9 Fife No. CU 520175136 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 114 of the Southwest 114 of Section 28, Township 34 South, Range 39 East AND that part of the Southeast 114 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 and recorded in Official Records Book 834, Page 2383, of the Public Records of St. Lucie County, Florida. Parcel 6 The North '/z 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 1328-311-0001-000-2 1328-132-0025-000-7 1328-321-0001-000-3 1333-112-0010-000-3 1328-312-0001-000-5 1328-341-0001-000-5 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 January 23, 2020, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Part A above, or an extension has been January 23, 2018 Resolution 2018-010 Page 5 of 9 File No. CU 520175136 granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. 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. BOARD OF COUNTY COMMISSIONERS ST. LUC EE UNITY, FLOIRDA i B Fran nie-fq-utdbin son, Chair ATTEST: APPROVED AS TO FORM AND C RRECTNES : DEPUTY affRK COUNTY ATT Nh January 23, 2018 Resolution 2018-010 Page 6 of 9 File No. CU 520175136 Exhibit A Location Map January 23, 2018 Resolution 2018-010 Page 7 of 9 File No. CU 520175136 FPL Interstate Solar Energy Facility MJSP - 520175135, CU - 520175136 County boundary m a q � N m E C) O Y W d. Subject parcel indrio Rd } N Y o Indian w� o E- � River Florida Turnpike `� o o St Lucie Blvd a�Q� 5 C-25 Angle Rd Ga /rj�Qrsr`�f@ r N 9 a S Orange Ave � Q� eek T m N' N CD C U) y4J m Edwards Rd� 7) January 23, 2018 Resolution 2018-010 Page 7 of 9 File No. CU 520175136 Exhibit B 120 Acre Conveyance LEGAL DESCRIPTION THIS IS NOT A SURVEY A PARCEL OF LAND LYING IN THE NORTH 1/2 OF SECTION 33. TOtiIMSHIP 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING Al THE NORTHWEST CORNER OF SECTION 33 REFERRED TO ABOVE AND RUNNING THENCE SOO'41'35'W (BASIS OF BEARINGS) ALONG THE 9,ESTERLY LINE OF SAID SECTION A DISTANCE CF 230.34 FEET TO THE POINT OF BEGINNING; THENCE 90`41'39'W, STILL ALONG THE WESTERLY UNE OF SAID SECTION 33, A D;SFRNCE OF 2325.95 FEET 70 A POINT DIN THE NORTHERLY BOUNDS OF A PARCEL OF LAND CONVEYED BY ST_ LLCIE GROVE INVESTMENTS L-171- TO TSLTO ST_ LUCIE COUNTY BY DEEM RECORDED IN OFFICIAL RECORDS BOOK 71D AT RAGE 2734, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, FLORIDA, WHICH POINT IS LOCATED NOO`41'38'E A DISTANCE OF 105.37 = FROM THE WEST 1/4 CORNER OF SATO SECTION 33; THENCE ALONG THE BOUNDS OF THIS LAST MENTIONED CONWYANCE THE FOLLN}YIING 7 COURSES; 1) EASTERLY ALONG A CURVE TO THE LEFT CONTAINING THE FOLLOWING ELEMENTS; RADIUS 11100,00 FEET, CENTRAL ANGLE 8'4758"; ARC LENGTH 1317.27 FEET; CHORD BEARING NBS'537S3"E, A CHORD DIST?9MCE OF 1316,50 FEET TO A POINT OF REVERSE CURVATURE; 2) EASTERLY ALONG A CURVE TO THE RIGHT CONTAINING THE FOLLOWING ELEMENTS; RADIUS 11000.00 FEET, CENTRAL ANGLE 7'02'15", ARC LENGTH 1424.50 FEET, CHORD BEARING N67101`01`E, A CHORD DISTANCE OF 1423.90 FEET TO A POINT OF TANOENOY: 3) S69'27'51'E A DISTANCE OF 1141.44 FEET TO A POINT; 4) NO`3Z-09"E A DISTANCE OF 43.11 FEET TO A POINT; 5) N57 -05.10-E A DISTANCE OF ISIZOD FEET TO A POINT OF CURVATURE; 1) NORTHEASTERLY AND NORTHERLY ALONG A CURVE TO THE LETT CONTAINING THE FOLLOYIING ELEMENTS RADIUS 250.00 FEET, CENTRAL ANGLE 964-310', ARC LENGTH 430.74 FEET, CHORD BEARING N37743'35'E, A CHORD DISTANCE OF 379.41 FEET TO A POINT OF TANGENCY; 7) N11SWOO"W A DISTANCE OF 505.30 FEET TO A POINT ON THE WESTERLY RIGHT—OF—WAY OF INTERSTATE 95; THENCE DET'ARTING THE HOUNDS OF THE ABOVE MENTIONED CONVEYANCE TO ST_ LUPE COUNTY AND RUN N20'28'29'W ALONG SAD RIGHT—CF--WAY, A DISTANCE OF 161.80 FEET TO A POINT; THENCE N40'OO'CITIN, DEPARTING SAD RICHT—SIF—WAY, A DISTANCE OF 4059.72 FEET TO A POINT; THENCE w2212'QD"W A DISTANCE OF 1239_77 FEET TO THE POINT OF BEGINNING. CONTAINING 120.126 ACRES OF LAND. MORE OR LESS_ NOTE: THIS SHEET 15 TIT VAUD IATHt]UT THE NXMPA.NYNG 51SErCH, NOTE: THIS IS NOT A SKET04 OF SUFMY, EPJT ONLY A 'GRAPHIC DEPICTION OF THE LEGAL DESCRIPTION 5HOMN HB;EAN, THERE HA5 BEEN NO FIELD MONUMENTS SET IN CONNECTION PATH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOW: LANDS SHOMN HEREON WERE NOT ABSTRACITD FTX RIGHTS-OF-WAY AND/OR EASEMENTS OF ROMORO, THOMAS P. KIERNAN DATE Profaaelanal Surv%wr & Mapper Florida Certlneau No, 9199 REMISED BOUNDARY 1-6-113 BKH PAGE I OF 2 CULPEPPER & TERPENING INC FPL 120 ACRE SITE 9014119ULTING ENOINFENS LAND IyyRYEYORS 2D SOL'17325th MEET r FORTPTMCE� FIOMMA 3#991 Li'LVG P; 0C. 33, TWP. 3#S, RGE. 39E 15 t SCC nAC FA AVE\"L'E ■ M.ART, FL CKMA 34994 ST. LUCEE COIP_PTY, FLORA. FMGL's-2-M-355-mFAX-.Z46"44'a tea eo-en.e DATE 12/12"2017 DRAWN BKH 7h M,*,FFUskiTjt iFST:F[,AnC.` -.. LB-ZM SCALE 1'=BOD` JJOB Ne_ 16-174 January 23, 2018 Resolution 2018-010 Page 8 of 9 File No. CU 520175136 BOUNDARY SURVEY OF FAL 12�O ACRE SITE {I SECTION 33 TOWNSHIP 3a 5, RANGE 30 E ST. LUCIE COUNTY, FLORIDA i �. 9 prw^ I 9m Ip IV - urs.,'aY —S3-.... r DUD\DAH; SDRYEY n. ... FLORIDA PONLH & LIGHT COMPANY a s' 120 ACRE STTF, January 23, 2018 Resolution 2018-010 Page 9 of 9 File No. CU 520175136 i I