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Home My WebLink AboutPDS-23-025 - FP&L Orchard Solar Energy PDS ORDER 2023-025 MNSP-2210-000045 AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS FP&L ORCHARD SOLAR ENERGY CENTER ON APPROXIMATELY 390.16 ACRES LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Minor Site Plan submitted on behalf of Florida Power & Light Company (FP&L) and the comments made by the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. FP&L, represented by Culpepper & Terpening, Inc., requested approval of a Minor Site Plan for the development of a 74.5 MW Solar Generation Station on the property described in Part A of this Order, which Station is to be known as the FP&L Orchard Solar Energy Center (proposed project). 2. Section 7.10.28.A.1. of the St. Lucie County Land Development Code provides that Solar Generation Stations are permitted uses in the AG-1, AG-2.5 and AG-5 Zoning Districts and provides that they shall be reviewed as Minor Site Plans. The FP&L Orchard Solar Energy Center is located in the AG-5 Zoning District. 3. The Development Review Committee reviewed the Minor Site Plan application for the FP&L Orchard Solar Energy Center, prepared by Culpepper & Terpening, Inc., and dated September 12, 2022, by Terpening & Culpepper, Inc., depicted in Exhibit A to this Order, and found it to meet all technical requirements, subject to the conditions set forth in Part B of this Order. 4. FPL has demonstrated sufficient legal ingress and egress from the proposed project site to a public street, said access easements and rights-of-way being recorded at O.R. Book 39, Page 339 and O.R. Book 69, Page 2 of the Public Records of St. Lucie County, Florida. 5. NEITHER ST. LUCIE COUNTY NOR ANY OTHER GOVERNMENTAL OR PUBLIC AGENCY IS RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE PROPERTY THAT IS THE SUBJECT OF THIS DEVELOPMENT MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5174637 04/03/2023 11:18:48 AM OR BOOK 4970 PAGE 2320-2327 Doc Type:ORD RECORDING: $69.50 PDS ORDER 2023-025 MNSP-2210-000045 AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS FP&L ORCHARD SOLAR ENERGY CENTER ON APPROXIMATELY 390.16 ACRES LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for a Minor Site Plan submitted on behalf of Florida Power & Light Company (FP&L) and the comments made by the St. Lucie County Development Review Committee on this application and has made the following determinations: 1. FP&L, represented by Culpepper & Terpening, Inc., requested approval of a Minor Site Plan for the development of a 74.5 MW Solar Generation Station on the property described in Part A of this Order, which Station is to be known as the FP&L Orchard Solar Energy Center (proposed project). 2. Section 7.10.28.A.1. of the St. Lucie County Land Development Code provides that Solar Generation Stations are permitted uses in the AG-1, AG-2.5 and AG-5 Zoning Districts and provides that they shall be reviewed as Minor Site Plans. The FP&L Orchard Solar Energy Center is located in the AG-5 Zoning District. 3. The Development Review Committee reviewed the Minor Site Plan application for the FP&L Orchard Solar Energy Center, prepared by Culpepper & Terpening, Inc., and dated September 12, 2022, by Terpening & Culpepper, Inc., depicted in Exhibit A to this Order, and found it to meet all technical requirements, subject to the conditions set forth in Part B of this Order. 4. FPL has demonstrated sufficient legal ingress and egress from the proposed project site to a public street, said access easements and rights -of -way being recorded at O.R. Book 39, Page 339 and O.R. Book 69, Page 2 of the Public Records of St. Lucie County, Florida. 5. NEITHER ST. LUCIE COUNTY NOR ANY OTHER GOVERNMENTAL OR PUBLIC AGENCY IS RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS -OF -WAY PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE PROPERTY THAT IS THE SUBJECT OF THIS DEVELOPMENT 6. 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. 7. 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. 8. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity. 9. 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. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. The land area on which the Minor Site Plan is granted for the FP&L Orchard Energy Center is described as follows: BLOCKS 19, 20, AND A PORTION OF BLOCK 18, AGRICULTURE PLAT OF FLORIDA MAID CITRUS GROVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 1, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 38 EAST; THENCE RUN S00 44'40"E ALONG 6, TOWNSHIP 34 SOUTH, RANGE 38 EAST; THENCE RUN S00 44'40"E ALONG TOWNSHIP 34 SOUTH, RANGE 38 EAST; THENCE RUN S00044'40"E ALONGTHE EAST LINE OF SAID SECTION 6, A DISTANCE OF 500.00 FEET TO THE NORTHEAST CORNER OF BLOCK NUMBER 20 OF PLAT 6, A DISTANCE OF 500.00 FEET TO THE NORTHEAST CORNER OF BLOCK NUMBER 20 OF PLAT A DISTANCE OF 500.00 FEET TO THE NORTHEAST CORNER OF BLOCK NUMBER 20 OF PLAT BOOK 13, PAGE 1 AND THE POINT OF BEGINNING; THENCE ALONG THE EAST LINES OF BLOCKS 20, 19 AND 18, S00°44'40"W,3,261.52 FEET; THENCE DEPARTING SAID EAST LINE RUN N870 28' 47"W, A DISTANCE OF 5,360.845 FEET TO THE WEST LINE OF SAID BLOCK NUMBER 18, SAID POINT ALSO BEING ON THE WEST LINE OF SAID SECTION 6; THENCE PDS Order 2023-25 Page 2 of 5 RUN N00029'33"E, ALONG THEWEST LINE OF SAID SECTION 6 (ALSO BEING THE WEST LINE OF SAID BLOCK NUMBERS 18,19 & 20 OF SAID PLAT) A DISTANCE OF (ALSO BEING THE WEST LINE OF SAID BLOCK NUMBERS 18,19 & 20 OF SAID PLAT) A DISTANCE OF (ALSO BEING THE WEST LINE OF SAID BLOCK NUMBERS 18, 19 & 20 OF SAID PLAT) A DISTANCE OF 3,074.38 FEET TO THE NORTHWEST CORNER OF SAID BLOCK NUMBER 20; THENCE RUN S89 28'48"E, ALONG THE NORTH LINE OF BLOCK NUMBER 20; THENCE RUN S89028'48"E, ALONG THE NORTH LINE OFTHE AFOREMENTIONED BLOCK NUMBER 20 OF SAID PLAT, A DISTANCE OF 5,371.84 FEET TO THE NORTHEAST CORNER OF SAID BLOCK NUMBER 20 AND THE POINT OF BEGINNING. CONTAINING 390.164 ACRES, MORE OR LESS. Parcel Identification Number: 1206-501-0017-000-5 (subject site is a portion of this parcel). B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the proposed Minor Site Plan project known as FPL Orchard Solar Energy Center, depicted in Exhibit A, is hereby approved as shown on the Development Plan for the project prepared by Culpepper & Terpening, Inc., dated September 12, 2022, and received by the St. Lucie County Planning & Development Services Department on February 2, 2023, subject to the following conditions: Planning and Development Services 1. Prior to generation of electricity from the FP&L Orchard Solar Energy Center, an application for Minor Adjustment to a Minor Site Plan for the FP&L Pelican Solar Energy Center, pursuant to LDC Section 11.02.03.C.9., shall be approved. Environmental Resources Department 1. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, an Environmental Resource Permit (ERP) shall be provided from the appropriate state and/or federal agencies, consistent with LDC 11.02.09.A.5 and Chapter 6 of the Comprehensive Plan Policy 6.1.12.4. 2. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, listed species surveys shall be updated as necessary per individual species - specific requirements or written correspondence from the appropriate state and/or federal agency stating any potential impacts to listed species have been resolved (e.g., written correspondence from the U.S. Fish and Wildlife Service [FWS]). If any listed species impacts are found to be present as a result of these surveys, PDS Order 2023-25 Page 3 of 5 appropriate mitigative measures per state and federal agency requirements shall be provided prior to initiation of any clearing activities. 3. Prior to commencement of development, including, but not limited to clearing, filling, excavation, grading, or planting of vegetation, as defined in LDC 2.00.00, a vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 4. Within 180 days of issuance of a Vegetation Removal Permit or Exemption, all Category I listed invasive plant species shall be eradicated from the site. Public Works Department 1. A St. Lucie County Site Development Permit is required prior to the commencement of site construction activities. C. The approvals and authorizations granted by this Order shall expire twenty-four (24) months from the effective date of this approval, unless a building permit is issued, or a site plan extension is granted in accordance with Section 11.02.06 of the St. Lucie County Land Development Code. D. The applicant for Minor Site Plan approval (developer) is advised that as part of this Minor Site Plan approval, that it is the responsibility of the property owner(s), developer, etc. including any successors in interest, to obtain all applicable development permits and construction authorizations from any 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, the Florida Department of Transportation, the South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, Building Departments and St. Lucie County Fire District prior to the commencement of any development activities on the property described in Part A above. Issuance of this Administrative Development Order (Order) 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 Order 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 Order. If any condition set forth in Part B is determined to be invalid or unenforceable for any reason and the developer declines to comply PDS Order 2023-25 Page 4 of 5 voluntarily with that condition, the site plan approval granted by this Order shall become null and void. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B, shall be valid for the same period as this Order. If this Order expires or otherwise terminates, the Certificate of Capacity shall automatically terminate. G. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part B above, all such appeals must be filed in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.03.B., of the St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. H. A recorded copy of this Order 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 and Development Services Department Director. I. This Order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the 30t" day of March, 2023. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY 4f F-1 nJamin Balcer, AICP, Director APPROVED AS TO FORM AND CO PDS Order 2023-25 Page 5 of 5 PDS Order 2023-25 Exhibit B St Lucie Count- Certificate of Capacity Date 3302023 Certificate No. 3)) ) 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. Tvoe of develooment PM -1023-25 Number of units 0 N umber of square feet 390 acres 2. Property legal description & Tax ID no. 1206-501-0017-000-5 Sec. 6r?o:otz hip 34S.,Rarz°e 35E F-M Orchard Solar \ a 3. Approval: Building 'NA Resolution No. 1N7 a Letter 3.3023 4. Subiect to the following conditions for concurrency: applicable conditions are identified in the-PDS Oider. Owner's name f1wida-%wer and Light Company Address 700 Universe Blvd. Junc,Beach FL 3340S 6. Certificate Expiration Date 3'302025 This Certificate of Capacity is transferable only to subsequent owners of the same pa reel, and is subjectto the same terms, conditions and expiration date listed herein. The expiration date can be extended orgy underthe same terms and conditions as the underlying dev with this certificate, or for subsequent develop ord } �s for the same property, use and size as described herein. Signed Date: 3.3012023 Planning and Development Services Director St Lucie Countv. Florida Thursday, March 30, 2023 Page I of 2 PDS Order 2023-25 INDIAN _...xx--_•:,.�__ _ __ bl-.- - Rx -->Ct - e - w ccuNn >a ST. WOE FAQ ,Dp EwsENENi EDR E Ess wATDR Cavma _. -... COUNtt � um1T,Es tr DRuxAa wiroosEs aR an Pa zT (a 37 511E ENTRANCE SEQ1RItt AND DATE r FFRCE (TYP.) PROPERn BOUNDARY GRAPHIC SCALE I mne = sDD n GPETRE GROVES AND RANLH Li➢ PDS Order 23 25 Exhibit A II. lil � I III �I St1E ENTRANCE .I � ANO GATE ,�------------------------------------ INVERTER ( ) 12' wPA CE'. SOLAp PA I MIIIIIIIIIIII mim -_-__-- PRWOSiD - - - _. - - - _ - CROSSING -___ -- --_-------- PROPOSD � � --- - - CRD59FIC OIRECRONAL - - - - - -- BORE W I - -- _ - - --- DwEcnoN, C CARA NEST 985' PROPOSED CR059NG 901 BUFFER '__-- �I TURN'AIKUND - (m) 12' WIDE SEANLE I\ % PATH (TmJ I II II I _I,L / a \7TF-r I 0 I w vuT eaNtr% P�AOE i -/'T SITE ACCESS IS PROVIDED TROUGH THE MINUTE MAID PLAT AS RECORDED IN PLAT BOOK 13, PAGE 1. ACCESS TO THE PLAT IS PROVIDED VIA RIGHT-OF-WAY EASEMENT PER OR BOOK 39, PAGE 333 OF THE OFFICIAL RECORDS OF ST. LUCIE COUNTY. LEGEND 12' N10E SERWCE' PATH (TITS,) --- --------------- PROPERTY BOUNDARY TURN -AROUND SERVICE PATHS FENCE LINE EXIST. SERVICE PATHS EASEMENT EXISTING PV MODULE INVERTER PV ARRAY PERIMETER EXISTING CULVERT CULVERT PV MODULE EXIST. SURFACE WATERS (OSW) EXISTING TOP OF BANK SURFACE WATER (OSW) IMPACTS DIRECTIONAL BORE I I NESTING BIRD PROTECTION AREA ------------ DRAINAGE SWALE ELEVATIONS SHOWN OM T P ARE NORTH c:on:a:n eH. "o'M(NAWIM)).A111N— — — — — — — — — — — — EXISTING DRAINAGE SWALE COME TER FIELD BK./PG. CULPEPPER & TERPENING INC 2980 SOUTH 25. STREET . FORT PIERCE. FLORIDA 34981 PHONE772464-3537 . FAX 772d64-9497 . —.1-9— STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 ARRAY (T,P.) — R E V I S 1 0 N S— j; EASNwr m ucexuii N� o motes (rsicao' or zoo' a scc •. T.. AxD I•J ST. LUCIE COUNTY PROJECT NO(Oift TBU SITE PLAN APPROVAL ORG APV DATE: ORIGINAL SIC MS. NO, MAJORADJUS'TMBN35: CptM MINOR ADJUSTTI ENT.': Fill Y¢; )leaeriptim: OTilccNo.: AMEND ACCESS PATH pllN Ray.eJ lm Gunrt. nasal Sra FPL ORCHARD SOLAR ENERGY CENTER ST. LUCIE COUNTY, FL OWNER FLORIDA POWER AND LIGHT COMPANY PROJECT FPL ORCHARD SOLAR ENERGY CENTER LOCATION: APPROXIMATELY 4.4 MILES SOUTH OF INTERSECTION OF STATE ROAD 60 AND 122ND AVENUE SITE COVERAGE PERMOUS/IMPERMOUS TABLE DESCRIPTION SO FT I ACREAGE X OF SITE ACCESS ROAD 368.385 8.46 2.17% INVERTER 6,480 0.15 0.04X TOTAL IMPERVIOUS 374,865 8.61 2.21X TOTAL PERVIOUS 16.620,699 381.56 97.79% PROJECT AREA 16,995.564 390.16 COX PROJECT AREA (FENCED) 14,870,879 341.39 87.50X NOTE SERVICE PATHS HAVE BEEN ANALYZED AS 16' WIDE. SURFACING ACCESS PATHS : STABILIZED BASE MATERIAL INVERTER: AGGREGATE BASE OPEN SPACE : GRASSED AREA 100—YEAR FLOODPLAIN THE FACRJTY UES WITHIN FLOODZONE A. AS IDENTIFIED ON FENA PANEL 12061CO35OH, EFFECTIVE DATE: DECEMBER 4, 2012. ALL ELECTRICAL EQUIPMENT WILL BE RAISED ABOVE THE 100-YEAR FLOODPLAIN. SECURITY FENCING: PROPOSED 4' FARM FENCING WILL SERVE AS THE SECURITY FENCING. GATES SHALL BE 5-'D' CHAIN LINK WITH 3 STANDARDS OF BARBED WIRE ON EXTENSION ARMS TO MAKE OVERALL TOTAL HEIGHT OF 7'-0. FOR A DISTANCE OF 50' EITHER SIDE OF THE GATE. NOTES: 1. ALL PARCELS WITHIN THE PROPERTY BOUNDARY ARE ZONED AGRICULTURAL-5 (AG-5). 2. ALL EXISTING MISCELLANEOUS STRUCTURES/APPARATUS WITHIN PROJECT LIMITS ARE TO BE REMOVED SETBACKS (FEET): REQUIRED PROVIDED FRONT (WEST) - SOLAR ARRAY 50' 187' MIN. REAR (EAST) -SOLAR ARRAY 30' 414' MIN. SIDE (SOUTH & NORTH) - SOLAR ARRAY 20, 32' MIN. ��•�`' aR TFRP '�•�� •��cetiSF S,�'G� No 24276 ; .p o STATE OF ,SON L*** JAMES P. IERPENING JR., P.E FL REG NO. 24276 FPL ORCHARD SOLAR PERT. .SCALE N/A Joe NG. 22-049 DEVELOPMENT PLAN SHEET CB2 d CSI