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HomeMy WebLinkAbout22-038 RESOLUTION 2022-38 File Number: MJSP-12202126242 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 +/-489.04 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 Pink Trail Solar Energy Center for the operation of a 74.5 MW Photovoltaic Solar Energy Center on approximately 489.04 acres in the AG-5, Agricultural -5, Zoning District as described in Part A. 2. On March 1, 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# 5038351 05/12/2022 04:47:55 PM OR BOOK 4823 PAGE 1841-1847 Doc Type:RESO RECORDING: $61.00 March 1, 2022 Resolution No. 2022-38 Page 1 File No.: MJSP 12202126242 WAIVERS 1. After consideration of the testimony presented during the March 1, 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 252.02 acres or 51.5% 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 areas 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 OF LAND LYING IN THE SECTION 33, TOWNSHIP 36 SOUTH, RANGE 38 EAST, AND SECTION 4, TOWNSHIP 37 SOUTH, RANGE 38 EAST OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE WEST HALF (W 1/2) OF SECTION 33, TOWNSHIP 36 SOUTH, RANGE 38 EAST, THENCE RUN S 89°26'43" E ALONG THE NORTH LINE OF SAID SECTION 33 AND THE SOUTHERLY RIGHT OF WAY LINE OF CARLTON ROAD ( SR NO. S613, SECTION 94501-2602) A DISTANCE OF 2637.17 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY S 17°38'40" E, A DISTANCE OF 105.38 FEET TO AN INTERSECTION WITH WEST LINE OF A 60 FEET WIDE ROAD EASEMENT ( O.R. 176, P.G. 1035), THENCE S 01°06'13" E ALONG THE WEST LINE OF SAID ROAD EASEMENT A DISTANCE OF 5213.98 FEET TO A POINT BEING AT 0.22' SOUTH OF THE SOUTH LINE OF THE EAST HALF (E 1/2) OF SAID SECTION 33, THENCE S 00°42'37" W ALONG THE WEST LINE OF SAID ROAD EASEMENT A DISTANCE OF 2730.90 FEET TO THE INTERSECTION WITH THE NORTH 30 FEET OFFSET LINE OF THE SOUTH LINE OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 4, TOWNSHIP 37 SOUTH, RANGE 38 EAST, THENCE LEAVING SAID WEST LINE OF SAID ROAD EASEMENT, RUN N 89°57'45" W ALONG SAID 30 FEET NORTH March 1, 2022 Resolution No. 2022-38 Page 2 File No.: MJSP 12202126242 OFFSET LINE FOR 2628.85 FEET TO INTERSECTION WITH THE WEST LINE OF WEST HALF (W 1/2) OF SAID SECTION 4, THENCE RUN N 00°34'00" E A DISTANCE OF 2739.54 FEET TO THE SOUTHEWEST CORNER OF SAID SECTION 33, THENCE N 01°26'18" W ALONG THE WEST LINE OF SAID SECTION 33 FOR A DISTANCE OF 5330.10 FEET TO THE POINT OF BEGINNING. CONTAINING 489.044 ACRES, MORE OR LESS Parcel ID#: 3233-122-0015-000-8 & 3233-122-0014-000-1 Location: 8755 Carlton Road 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 Pink Trails Solar Energy Center is hereby approved as shown on the site plan drawings for the project prepared by Culpepper and Terpening, Inc. dated January 28, 2022, and date stamped received by the St. Lucie County Planning & Development Services Department on January 28, 2022, subject to the following conditions: Planning & Development Services Department 1. Within thirty (30) days of this approval, the Applicant shall record a Unity of Title encompassing all parcels referred in Section A. Environmental Resources Department 2. 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. 3. Prior to issuance of a Vegetation Removal Permit or Exemption for site development, the applicant shall provide a jurisdictional determination or Environmental Resource Permit (ERP) from the appropriate agencies. 4. Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the applicant shall provide documentation for the proposed wetland impacts verifying the purchase of mitigation credits from Bluefield Ranch Mitigation Bank, if applicable. 5. Within 180 after issuance of the St. Lucie County Major Site Plan Approval, FPL shall file permit applications to the applicable regulatory agencies for approval of the wetland restoration as detailed in the FPL Pink Trail Solar Wetland Restoration Plan. Upon the issuance of all required permits, FPL shall commence construction and FPL shall complete all civil work associated with the March 1, 2022 Resolution No. 2022-38 Page 3 File No.: MJSP 12202126242 project within 18 months of final permit issuance, including meeting the success criteria outlined in the FPL Pink Trail Solar Wetland Restoration Plan. 6. Within 180 days of issuance of a Vegetation Removal Permit or Exemption, an eradication plan shall be established to remove and maintain the parcel free from all Category I listed invasive plant species. 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 23, 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. March 1, 2022 Resolution No. 2022-38 Page 4 File No.: MJSP 12202126242 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 1st day of March, 2022. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY OaL---227A64.0• CHAIR ATTEST: APPROVED AS TO FORM AND CORRECTNESS: dtl/LitA 44 C040, DEPUTY CLERK vJ � '� COU TY TT RN Y 0apt co1N7Y,F'P' March 1, 2022 Resolution No. 2022-38 Page 5 File No.: MJSP 12202126242 EXHIBIT "A" SITE PLAN [TLPIMTWL90i.AR ENEMA LL\TEI ..,,....o�w ill ...• ... ...13 L is.n .e.'wnue ra wnw e ,. v�rw O W... mmwn �Or mils In MI �Y a b+la,a n 50 ,r r� ,�,. ..e• x in .in �m"" ..ornwuwr(w. AM:,wc+a,.( <.«�w .. ,n.. .w e n..., Matt..... S. aim WA FELT u ..wing IXLIO M.s4 ...n `I ligrilliiiii1 ..,ct ..,cam —ee0aeO11 . —M. wdnor112. 2 I61Y • •. Mr na.Ym. ''abe ..„,,,A., Mint Y ` t f L, :Ii ♦ [taaxi R .wrt�..,.t, .......:.., ...(«..a...ma+,.+o.,.Ymw.1. - MITT `..' .I I ..ms• NV. ___.___4O e. . a..0A.Fl..M., S..,...1.rn.a•bm.M'G..Y(...W......�Y MID.. mI0017611I fie' 'sr.:Fret.=s. .•,.. —a— lama.Al .a..,,m v.r.-wt. ...rww.wnn.uo.w,. [ ,..i lIIrIMI • • 11/a000[Rr 1 /� 1 ( OuNa le'VA..x aka..n.e.,w,e 4tl • .. .�_....ww.[ ®watt: .MWO - • wu ..U.s..un © •..wows! . s SIM` M • j OO�A VRr M 4im .. ...rc. .... •...w.o.•.rwa.. rlax ell �wemm , .min YIR .1.2.1.111101.0.740.1111 MI letA ,..1 wa ribmG ,•, MS a.M.Wwtuaaix Y.nVq...r.yN 1 •' ., MUM ...w,.•M.wa.ew,l..p..a...eM,w.w.ne NI. .'.,`w..rinwY.6't ow.V.....;fwMpYitlOwPa.(.I nM.(tMiron Fry nl Z YS:S'E9I Ma q Lanw,a¢ a t n..nn.mnv:..a..v.iwnc..w.i'w..�m�w..w.m x canna xw..xi.. ..M r.4 ,uI I� , ' • \.i �laYwYa �.; meet.min auma OK = ,rU!IIGI CIIIPvPEIa • -• '• HINC :- SITE PLAN & DATA SHEET - .am,... .e...m rx r1K run saw(*E*Y ante March 1, 2022 Resolution No. 2022-38 Page 6 File No.: MJSP 12202126242 EXHIBIT "B" CERTIFICATE OF CAPACITY St Lucie Count y Certificate of['a pa r ii% Date :1 :n:' Cei•tificate Nu. .,I.yl, Th.s document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards:for levels of eervice es adcpled in the St Lorin County Comprehensive Plan for: 1.Type of development V..•• I: ui Number of units .I Number oil suuare feet .lI i I 2.Property legal desortptlon i Tax ID no. 3211-122-W15-000-S&3211-122-0014-000-I 37$S Carlton Road.Fon Pierce,FL I'PI.Pink'I'r.t I saber Fnergy{'enter 3.Approval: Building Resolution Nla 2022.-033 Leder 4. Subject to the(61164,410 CoNditibwb IOF tbt4CUrr*r`1Cyl 1.:ordsstiurtc are outlined in Rescaurion No.2i 22.033 Owner's name Florida Power&Light Company Address 700 intvvse Blvd.Imam Juno©etch FL 33403 6.Certificate Expiration Date 2.'15)2024 This Certificate of Capacity is transferable only la subsequent owners of the saute parcel, and Is subject to the sPnie tnrifiP.c:nnrlltl'ns and amp ration date listed narein The expiration data can On extended only under the same terms and conditions as the underlying development arderissueu with this certilcate,sir far subsequent development urder(si issued for the same property use and size as described herein itnsvl C � t7u ...�. _• 170tr-3'23,'2022 Planning end Development Services Director St Luce County, Florida 4ltihu-.cli•.%I 23.2U22 1'rw I • P I March 1, 2022 Resolution No. 2022-38 Page 7 File No.: MJSP 12202126242