HomeMy WebLinkAbout21-077 RESOLUTION 2021-77
File No. CU 9202025851
A RESOLUTION GRANTING FPL SUNDEW SOLAR
ENERGY CENTER A CONDITIONAL USE PERMIT TO
CONSTRUCT AND OPERATE A 74.5 MEGA-WATT (MW)
PHOTOVOLTAIC SOLAR GENERATION 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 and
traffic analysis review, has made the following determinations:
1. Florida Power & Light Company presented a petition for a Conditional Use Permit
to construct and operate a 74.5 MW Photovoltaic Solar Generation Center in the
AG-5 (Agricultural — 5) Zoning District for the property located approximately one
(1) mile west of the Glades Cut-Off Road and Carlton Road intersection as
legally described in Paragraph C and depicted on the attached map as Exhibit
«A„
2. On February 18, 2021, 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 five hundred
(500) feet of the subject property and recommended that the Board of County
Commissioners approve request for a Conditional Use Permit.
3. On April 6, 2021, this Board held a public hearing on the petition, after publishing
a notice at least 10 days prior to the hearing and notifying by mail all owners of
property within 500 feet of the subject property, at which all interested persons
were given an opportunity to be heard.
4. Section 11.07.01 C of the St. Lucie County Land Development Code providing
that where a written protest against an application for a Conditional Use Permit is
signed by the owners of fifty (50) percent or more of the area within five hundred
(500) feet of the property affected by the proposed action, any such Conditional
Use Permit shall not be approved except by the favorable vote of four fifths (4/5)
of all of the Board of County Commissioners.
5. The proposed Conditional Use Permit is consistent with the goals, objectives,
and policies of the St. Lucie County Comprehensive Plan and has satisfied the
requirements of 7.10.28 Solar Energy of the St. Lucie Land Development Code.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY Resolution No. 2021-77
FILE# 4851026 04/20/2021 03.36:15 PM CU 9202025851
OR BOOK 4595 PAGE 466-472 Doc Type:RESO
Page 1 RECORDING: $61.00
6. All reasonable steps have been taken to minimize any adverse effect of the
proposed conditional use on the immediate vicinity through site design,
landscaping screening.
7. The proposed Conditional Use, with conditions therein, 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. The foregoing findings are hereby approved and adopted by the Board of County
Commissioners of St. Lucie County, Florida:
B. Pursuant to Section 11.07.03 Conditional Uses and Section 7.10.28 Solar Energy
the Conditional Use Permit for Florida Power and Light Company for the project
known as FPL Sundew Solar Energy Center, as shown on the drawings for the
project prepared by Culpepper and Terpening, Inc. dated February 23, 2021 and
date stamped received by the Planning and Development Services Department
on February 26, 2021, is hereby approved for the property described in
Paragraph C, subject to the following conditions:
1. The conditional use improvements and operational areas shall be consistent
with Resolution No. 2021-75 authorizing Major Site Plan approval in
accordance to Section 11.02.07 Standards for Site Plan of the St. Lucie
County Land Development Code.
2. Within thirty (30) days of this approval, the Applicant shall record a Unity of
Title encompassing all parcels referred in Section C.
3. Within 180 days of issuance of a Vegetation Removal Permit or Exemption,
all Category I listed invasive species shall be removed.
4. Prior to issuance of a Vegetation Removal or Exemption, listed species
surveys including, but not limited to gopher tortoise surveys shall be
updated as required per state and/federal survey protocol. Should any
listed species be found as a result of these updated surveys, appropriate
permit from state and federal agencies shall be required.
5. Prior to commencement of development, the applicant shall provide a copy
of the final approved Environmental Resource Permit for impacts to other
surface waters onsite shall be provided.
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C. 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.
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
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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.
The property on which this Conditional Use Permit is being granted as described as
follows:
SAID LANDS CONTAINING 20,478,427.2 SQUARE FEET (483.87 ACRES) MORE OR LESS.
Parcel ID#: 4217-601-0006-000-5, 4217-111-0002-000-3, 4217-122-0001-000-0,
4217-601-0005-000-8; and 4217-601-0007-000-2
D. The approvals and authorizations granted by this Resolution are for the purpose
to construct and operate a solar generation center within St. Lucie County, and
are not assigned to any other party or institution. Should the petitioners choose
or decide to assign this operation to another entity or individual, a minor
adjustment to the Conditional Use Permit shall be required.
E. The approvals and authorizations granted by this Resolution shall expire on
April 6, 2023 unless construction of the solar center has begun as described in
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Paragraph B above, or an extension has been granted in accordance with
Section 11.07.05(F), St. Lucie County Land Development Code.
F. The Petitioner, Florida Power & Light Company, is advised as part of this
Conditional Use Permit approval for FPL Sundew Solar Energy Center, the
Petitioner 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, 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 Paragraph C. Issuance of this permit by
the County does not in any way create any rights on the part of the Petitioner 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 Petitioner 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.
G. The conditions set forth in Paragraph B are an integral non severable part of the
Conditional Use Permit approval granted by this Resolution. If any condition set
forth in Paragraph B is determined to be invalid or unenforceable for any reason
and the Petitioner declines to comply voluntarily with the condition, the
Conditional Use Permit approval granted by this resolution becomes null and
void.
H. A copy of this resolution shall be attached to the Conditional Use Permit site plan
drawings described in Paragraph B. which plan shall be placed on file with the
Planning and Development Services Department.
This Order shall become effective upon the date indicated below. An appeal
from the Board of County Commissioners' action may be processed within thirty
(30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land
Development Code.
J. This Resolution shall be recorded in the Public Records.
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After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chair AYE
Sean Mitchell, Vice-Chair AYE
Commissioner Linda Bartz AYE
Commissioner Frannie Hutchinson AYE
Commissioner Cathy Townsend AYE
PASSED AND DULY ADOPTED this 6th day of April, 2021.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
CHAT
ATTEST: APPROVED AS TO FORM
AND C RRECTN SS:
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Resolution No. 2021-77
CU 9202025851
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Exhibit "A"
Location Map
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Solar Energy Center
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CU-9202025851
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Location
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