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RESOLUTION 2021-75
File Number: MJSP 9202025852
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 +/-483.87 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
1. Florida Power & Light Company presented a petition for a Major Site Plan to be
known as FPL Sundew Solar Energy Center for the operation of a 74.5 MW
Photovoltaic Solar Energy Center on approximately 483.87 acres in the AG-5,
Agricultural - 5, zoning district as described in Part A.
2. On April 6, 2021, 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.
IICHELLE R.SAINT LUCIE OIUNn;CLERK OF THE CIRCUIT COURT
FILE# 4851023 04/20/2021 03.31:37 M OR BOOK 4595 PAGE 442_450 Doc PType:RESO
April 6, 2021 RECORDING: $78.00 Resolution No. 2021-75
Page 1 File No.: MJSP 9202025852
WAIVERS
1. After consideration of the testimony presented during the April 6, 2021 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 483.87 acres or 59.7% 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.
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:
Legal Description:
PARCEL 1:
THE EAST 1/2 OF THE NORTH 1/2 OF BLOCK 4, PLAT OF NEW DEAL GROVES,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 53, OF
THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA.
TOGETHER WITH A PERMANENT EASEMENT AND GRANT FOR AND TO THE USE OF
THAT CERTAIN DEEP WELL NOW SITUATE ON THE WEST ONE-HALF (W 1/2) OF THE
NORTH ONE-HALF (N 1/2) OF
THE SOUTH ONE-HALF (S 1/2) OF BLOCK 4, OF SAID NEW DEAL GROVES, SAID USE TO
BE IN COMMON WITH THE OTHER OWNERS OF LANDS IN SAID SUBDIVISION.
PARCEL 3:
SECTION 17, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, ALL
THAT PART OF THE EAST 1/2 OF THE EAST 1/2 OF THE SECTION LYING SOUTH OF THE
CENTERLINE OF
CARLTON ROAD EASEMENT, AS IN OFFICIAL RECORDS BOOK 36, PAGE 132, OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
April 6, 2021 Resolution No. 2021-75
Page 2 File No.. MJSP 9202025852
PARCEL 8:
ALL THAT PART OF THE WEST 1/2 OF THE EAST 1/2 OF SECTION 17, TOWNSHIP 37
SOUTH, RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF EXISTING ROAD GRADE
WHOSE CENTERLINE IS
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 58 FEET EAST OF THE
NORTH 1/4 CORNER OF SAID SECTION 17, THENCE RUN SOUTHERLY TO THE SOUTH
1/4 CORNER OF SAID SECTION
17, TOWNSHIP 37 SOUTH, RANGE 38 EAST, LESS AND EXCEPT ALL THAT PORTION OF
SECTION 17, TOWNSHIP 37 SOUTH, RANGE 38 EAST, LYING NORTH OF A LINE
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS 59.5 FEET SOUTH OF
THE NORTHEAST CORNER OF SECTION 17, RUN WEST TO A POINT WHICH IS 58 FEET
EAST AND 153 FEET SOUTH OF THE NORTH 1/4
CORNER OF SECTION 17 FOR THE POINT OF ENDING, ALL LYING IN ST. LUCIE COUNTY,
FLORIDA.
PARCEL 9:
ALL OF BLOCK 3, NEW DEAL GROVES, IN SECTION 17, TOWNSHIP 37 SOUTH, RANGE 38
EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 12, PAGE 53,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH A PERMANENT EASEMENT AND GRANT FOR AND TO THE USE OF
THAT CERTAIN DEEP WELL NOW SITUATE ON THE WEST 1/2 OF THE NORTH 1/2 OF
THE SOUTH 1/2 OF BLOCK 4 OF
SAID NEW DEAL GROVES, SAID USE TO BE IN COMMON WITH THE OTHER OWNERS OF
LANDS IN SAID SUBDIVISION, AS FIRST CONVEYED BY A.R. HELSETH TO CALHOUN
NORTON BY WARRANTY
DEED DATED SEPTEMBER 15, 1964, RECORDED IN OFFICIAL RECORDS BOOK 98, PAGE
470, AS AFFECTED BY PARTIAL RELEASE RECORDED IN O.R. BOOK 2934, PAGE 431, OF
THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH RIGHTS FOR INGRESS AND EGRESS AND DRAINAGE AS FOLLOWS:
I) EASEMENT FOR ROADS AND CANALS, RECORDED IN OFFICIAL RECORDS BOOK 11,
PAGE 321;
II) EASEMENT FOR INGRESS AND EGRESS, DRAINAGE AND IRRIGATION CONTAINED
WITHIN THE COOPERATIVE IMPROVEMENT AND TRUST AGREEMENT RECORDED IN
OFFICIAL RECORDS BOOK 36, PAGE 479, AS AMENDED IN OFFICIAL RECORDS BOOK
1271, PAGE 1632 AND AS SET FORTH IN RIGHT-OF-WAY DEEDS RECORDED IN
OFFICIAL RECORDS BOOK 36, PAGES 576, 577 AND 578; III) GRANTS OF EASEMENT
FOR INGRESS AND EGRESS RECORDED IN OFFICIAL RECORDS BOOK 78, PAGES 557
AND 559; IV) GRANTS OF EASEMENT FOR INGRESS AND EGRESS RECORDED IN
OFFICIAL RECORDS BOOK 110, PAGES 91 AND 93; V) TEMPORARY EASEMENT FOR
INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK 79, PAGES 70
AND 72 AND OFFICIAL RECORDS BOOK 110, PAGE 314, ALL OF THE ABOVE IN PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
PARCEL 11:
THE WEST 1/2 OF THE NORTH 1/2 AND THE SOUTH 1/2 OF BLOCK 4, NEW DEAL
GROVES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 53,
OF THE PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA.
April 6, 2021 Resolution No. 2021-75
Page 3 File No.: MJSP 9202025852
•
Parcel ID#: 4217-601-0006-000-5 Location: Carlton Road
4217-111-0002-000-3
4217-122-0001-000-0
4217-601-0005-000-8
4217-601-0007-000-2
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 Sundew Solar Energy Center is hereby
approved as shown on the site plan drawings for the project prepared by Culpepper
and Terpening, Inc. dated February 23, 2021, and date stamped received by the St.
Lucie County Planning & Development Services Department on February 26, 2021
subject to the following conditions:
Environmental Resources Department
1) Within 180 days of issuance of a Vegetation Removal Permit or Exemption, all
Category I listed invasive species shall be removed.
2) Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys
including but not limited to gopher tortoise surveys shall be updated as required per
state and/or federal survey protocol. Should any listed species be found as a result of
these updated surveys, appropriate permits from state and federal agencies shall be
required.
3) Prior to issuance of a Vegetation Removal Permit or Exemption, a Category Ill wetland
waiver from the Environmental Resources Department Director for the remnant ag
furrows clamed as jurisdictional wetlands by the Florida Department of Environmental
Protection shall be provided.
C. The approvals and authorizations granted by this Resolution shall expire on April 6,
2023 unless 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
April 6, 2021 Resolution No. 2021-75
Page 4 File No.. MJSP 9202025852
• 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 13, 2021.
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. This Resolution shall be recorded in the Public Records.
After motion and second, the vote on this resolution was as follows:
Chair, Chris Dzadovsky AYE
Vice-Chair, Sean Mitchell AYE
Commissioner Frannie Hutchinson AYE
Commissioner Linda Bartz AYE
Commissioner Cathy Townsend AYE
April 6, 2021 Resolution No. 2021-75
Page 5 File No.: MJSP 9202025852
PASSED AND DULY ADOPTED this 6th day of April, 2021.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORI
BY
CHAIR
ATTEST: APPROVED AS TO FORM AND
CORRECTNESS:
DEPUTY CLERK J��Y C044_ CO TY ATT N
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April 6, 2021 Resolution No. 2021-75
Page 6 File No : MJSP 9202025852
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EXHIBIT "B"
CERTIFICATE OF CAPACITY
April 6, 2021 Resolution No. 2021-75
Page 8 File No.: MJSP 9202025852
St Lucie County
Certificate of Capacity
Date 4/13/2021 Certificate No. 3133
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 Major Site Plan MJCP 9202025852
Number of units 0 Number of square feet
2. Property legal description & Tax ID no.
several -4217-601-0006-000/5, 4217-111-0002-000/3, 4217-122-0001-000/0, 4217-601-0005-000/8, 4217.
approximately(1)mile west of Glades Cut-off
Sundew Solar Energy Center
3. Approval: Building Resolution No. 2021-77 Letter
4. Subject to the following conditions for concurrency:
Owner's name
Florida Power& Light Company
Address
700 Universe Blvd,JES/JB
Juno Beach FL 33408
6. Certificate Expiration Date 4/6/2022
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
development ord r(s) issued for the same property, use and size as described herein.
Signed Date: 4/13/2021
Planning nd Development Services Director
St Lucie County, Florida
Tuesday,April 13,2021 Page 1 of 2