HomeMy WebLinkAbout22-031 RESOLUTION 2022-31
File Number: MJSP-9202126162
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 +/-451.86 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 Bluefield Preserve Solar Energy Center for the operation of a 74.5
MW Photovoltaic Solar Energy Center on approximately 451.86 acres in the AG-
5, Agricultural -5, zoning district as described in Part A.
2. On February 15, 2022, 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.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5011017 03/17/2022 03:20:17 PM
OR BOOK 4793 PAGE 903-909 Doc Type:RESO
RECORDING: $61.00
February 15, 2022 No. 2022-31
Page 1 JSP 9202126162
WAIVERS
1. After consideration of the testimony presented during the February 15, 2022,
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 285.40 acres or 63.2% 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 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:
A PORTION OF SECTION 20, TOWNSHIP 37 SOUTH, RANGE 37 EAST,
ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
19/20 37 37 THAT PART OF SECS MPDAF: FROM NE COR OF SEC 19, TH S
89 43 08 W 1542.08 FT TO POB; TH CONT S 89 43 08 W 3841.89 FT W LI OF
SEC 19, TH S 00 24 21 E ALG W LI 2654.14 FT, TH S 00 10 35 E 1817.54 FT,
TH N 89 42 03 E 3396.11 FT, TH N 00 12 43 W 1280 FT, TH N 89 42 03 E 3240
FT, TH N 00 12 43 W 211.97 FT, TH N 65 54 51 W 385.34 FT, TH S 86 12 33
W 451.57 FT, TH N 27 45 06 W 1297.80 FT, TH N 64 28 39 W 972.54 FT, TH
S 46 32 56 W 480.70 FT TO CURVE CONC NE, R OF 373.57 FT, TH WLY ALG
ARC 529.68 FT, TH N 07 35 41 W 45.46 FT, TH S 81 28 09 W 37.79 FT TO
CURVE CONC E, R OF 373.57 FT, TH NELY ALG ARC 840.74 FT, TH N 85
44 27 E 344.17 FT, TH N 07 42 51 E 245.88 FT, TH N 14 46 25 W 587.02 FT,
TH N 45 38 24 W 170.13 FT TO N LI OF SEC 19 AND POB (451.858 AC -
19,682,934 SF) (OR 2439-1714)
Parcel I D#: 4119-111-0001-000-5
February 15, 2022
Page 2
Location: 14697 E. Center Street
Resolution No. 2022-31
File No.: MJSP 9202126162
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 Bluefield Preserve Solar Energy
Center is hereby approved as shown on the site plan drawings for the project
prepared by Culpepper and Terpening, Inc. dated January 12, 2022, and date
stamped received by the St. Lucie County Planning & Development Services
Department on January 13, 2022, subject to the following conditions:
Environmental Resources Department
1. Prior to issuance of a Vegetation Removal Permit or Exemption for site
development, 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.
2. Prior to issuance of a Vegetation Removal Permit or Exemption for site
development, provide a jurisdictional determination or Environmental Resource
Permit (ERP) for the remnant ag furrows which are to be claimed as jurisdictional
wetlands by the Florida Department of Environmental Protection.
3. Prior to issuance of a Vegetation Removal Permit or Exemption for site
development, whichever comes first, a Category III wetland waiver from the
Environmental Resources Department Director for the remnant ag furrows
claimed as jurisdictional wetlands by the Florida Department of Environmental
Protection shall be provided.
4. Prior to issuance of a Vegetation Removal Permit or Exemption for site
development, whichever comes first, provide an update Environmental Impact
Report providing the categorization (i.e., Category I, ll, III) and justification of
each onsite wetlands following the general classification system for the purposes
of protecting wetland functions and values within the County per Comprehensive
Plan Policy 6.1.14.1.
5. Prior to issuance of a Vegetation Removal Permit or Exemption for site
development, whichever comes first, the developer shall provide an executed
Conservation Easement and approved Preserve Area Monitoring and
Management Plan (PAMMP) with an attached affidavit and cashier's check
(payable to the Clerk of the Court for recording fees) to the County Attorney for
the onsite wetlands and their associated upland buffers, and the pine flatwoods
natural area. The applicant shall also provide a GIS shapefile or CAD file of the
conservation easement boundaries to St. Lucie County.
6. Within 180 days of issuance of a Vegetation Removal Permit or Exemption for
site development, all Category I listed invasive species shall be removed.
February 15, 2022 Resolution No. 2022-31
Page 3 File No.: MJSP 9202126162
C. The approvals and authorizations granted by this Resolution shall expire on
February 15, 2024, 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
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 March 4, 2022.
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.
February 15, 2022 Resolution No. 2022-31
Page 4 File No.: MJSP 9202126162
After motion and second, the vote on this resolution was as follows:
Sean Mitchell, Chair AYE
Frannie Hutchinson, Vice Chair AYE
Chris Dzadovsky, Commissioner AYE
Linda Bartz, Commissioner AYE
Cathy Townsend, Commissioner AYE
PASSED AND DULY ADOPTED this 15th day of February, 2022.
ATTEST:
PUTY CLERK
February 15, 2022
Page 5
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
oJ��Y CO
s
m
fG� y
FCO�Nry. FLO���'
BY
CHAIR
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
Resolution No. 2022-31
File No.: MJSP 9202126162
-u-n
w CD ■
cn �
CD 5
O) N -
iT
(Jl ■
N
O
N
N
1
fD CDcn
.•,: ... ' .
O C �s Ii� sws
O
c- Z -�
C/) O -
� W
� . 1 va m se w•I .va.
N
EXHIBIT "B"
CERTIFICATE OF CAPACITY
St Lucie County
Certificate of Capacity
Date 3/4/2022 Certificate No. 3176
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
Number of units 0 Number of square feet
2. Property legal description & Tax ID no.
41 19-1 1 1-0001-000-5
14697 E. Center Street, Okeechobee, FL 34974
Florida Power and Light Company
3. Approval: Building Resolution No. 2022-031 Letter
4. Subject to the following conditions for concurrency:
Condtions outlined in Resolution No. 2022-031
Owner's name
Florida Power and Light Company
Address
700 Universe Blvd, JES/JB
Juno Beach FL 33408
6. Certificate Expiration Date 3/l/2024
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 order(s) issued fo the me property, use and size as described herein.
Signed : 3/4/2022
Planning and Development Services Director
St Lucie County, Florida
Friday, March 4, 2022
February 15, 2022
Page 7
Pagc 1 ot2
Resolution No. 2022-31
File No.: MJSP 9202126162