HomeMy WebLinkAboutPDS-23-020 - FP&L Pineapple Solar Energy Center PDS ORDER 2023-020
MNSP-2208-000042
AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN
KNOWN AS FP&L PINEAPPLE SOLAR ENERGY CENTER ON
APPROXIMATELY 439.44 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. The proposed Station is to be known as the FP&L
Pineapple Solar Energy Center.
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-11, AG-2.5 and AG-5 Zoning
Districts and provides that they shall be reviewed as Minor Site Plans. The FP&L
Pineapple 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 Pineapple Solar Energy Center, prepared by Culpepper & Terpening, Inc., and
dated November 21, 2022, 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 County Roadway, said access easements and rights-of-way being recorded
at O.R. Book 36, Page 577-78; O.R. Book 2934, page 408; Plat Book 12, page 53;
O.R. Book 11, Page 321; O.R. Book 11, Page 321; and O.R. Book 36, page 132 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
ORDER. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5174624 04/03/2023 11:12:24 AM
OR BOOK 4970 PAGE 2278-2287 Doc Type:ORD
RECORDING: $86.50
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 Pineapple Solar
Energy Center is described as follows:
PARCEL 4: Beginning at the SW corner of Section 18, Township 37
South, Range 38 East, thence run North 0 degrees 7 minutes 44 seconds
East along the West boundary line of Section 18, a distance of 3,692.0
feet; thence South 89 degrees 52 minutes 16 seconds East a distance of
5,370.98 feet to the East boundary line of said Section 18; thence run
South 0 degrees 50 minutes 17 seconds West along the East boundary
line of said Section 18 a distance of 3,674.11 feet to the SE corner of said
Section 18; thence South 89 degrees 56 minutes 8 seconds West along
the South boundary line of said Section 18, a distance of 5,325.57 feet to
the point of beginning; EXCEPTING THEREFROM the West 140 feet
thereof AND LESS the South 1338.78 feet of the West 1433 feet of the
SW 1/4 of Section 18, Township 37 South, Range 38 East; all lying in St.
Lucie County, Florida.
PARCEL 10: The South 1338.78 feet of the West 1433 feet of the
Southwest 1/4 of Section 18, Township 37 South, Range 38 East, less
and excepting therefrom the West 140 feet thereof, said lands now lying
in St. Lucie County, Florida.
TOGETHER WITH the terms, conditions and covenants of that certain
PDS Order 2023-20 Page 2 of 6
Cooperative Improvement and Trust Agreement dated March 10, 1962,
recorded in OR Book 36, page 479 and Amendment recorded in OR Book
1271, page 1632, and to those certain Right of Way Deeds executed
incident thereto providing legal access to Glades Cutoff Road (S.R. S-
709) duly recorded in OR Book 36, at pages 576 (Section 16), 577
(Section 17) and 578 (Section 18), all of the Public Records of St. Lucie
County, Florida.
FURTHER TOGETHER WITH (i) a non-exclusive 60 foot easement for
ingress and egress as originally created and conveyed by W.W. Carlton
and wife, in OR Book 11, page 321 and OR Book 36, page 132,
respectively, adjacent to the North lines of Section 16 and 17, Township
37 South, Range 38 East, providing access to Carlton Road (County
Road) and (ii) a non-exclusive 60 foot easement for ingress and egress
lying 30 foot on each side (approximately) of the East line of the Plat of
New Deal Groves as recorded in Plat Book 12, page 53, of the Public
Records of St. Lucie County, Florida, providing connection to the right of
way created by the Deeds described in the immediately preceding
paragraph.
Containing 439.444 acres.
Parcel Identification Numbers: 4218-131-0005-000-9 and 4218-313-0026-000-0.
B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the
proposed Minor Site Plan known as FPL Pineapple Solar Energy Center, as shown
on the site plan drawings prepared by Culpepper & Terpening, Inc., dated November
21, 2022, and depicted as Exhibit A to this Order, is hereby approved, subject to the
following conditions:
Planning Division
1) Prior to issuance of the Site Development Permit, FP&L shall provide to the County
a copy of the recorded Unity of Title for the two parcels comprising the FPL
Pineapple Solar Energy Center.
Environmental Resources Department
2) Prior to any ground disturbance or impacts to any vegetation, a vegetation remova
I permit or exemption shall be issued by the Environmental Resources Department.
PDS Order 2023-20 Page 3 of 6
3) Prior to commencement of development, as defined in LDC 2.00.00, including but
not limited to filling, excavation, grading, or planting of vegetation, a 100 percent
survey per Florida Fish and Wildlife Conservation Commission (FWCC) protocol for
gopher tortoises shall be provided. If any construction activities are proposed within
25 feet of any gopher tortoise burrow, a relocation permit shall be provided in
accordance with FWCC requirements.
4) Prior to commencement of development, as defined in LDC 2.00.00, including but
not limited to filling, excavation, grading, or planting of vegetation, listed species
surveys including but not limited to crested caracara per state and/or federal
survey protocol shall be required. Should any listed species be found as a result
of these updated surveys, appropriate permits from state and federal agencies
shall be required. Alternatively, at a minimum, written correspondence from the
U.S. Fish and Wildlife Service stating any potential impacts have been resolved
shall be provided to the County.
5) Within 180 days of the issuance of a Vegetation Removal Permit or Exemption, all
Category I invasive plants shall be eradicated from the site.
Public Works Department
6) A St. Lucie County Site Development Permit is required prior to the
commencement of site construction activities.
7) Prior to the commencement of site construction activities, a roadway maintenance
and improvement agreement shall clarify the obligation of FPL to repair any
damages to the existing roadway and driveway areas onto Carlton Road at the
existing site access connection previously addressed under SLC Roadway
Improvement agreement C21-07-413.
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 the St. Lucie County Fire District prior to the commencement of any
PDS Order 2023-20 Page 4 of 6
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
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 day of March, 2023.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
? /A��l
BY <::1�7
Benjamin Balcer, AICP, Director
PDS Order 2023-20 Page 5 of 6
APPROVED AS TO FORM AND
CORRECTNESS:
No
PDS Order 2023-20 Page 6 of 6
LEGEND
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MNSP-2208-000042
PDS Order 2023-20
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SUNDEW SOLAR
RESOLUTION 2021-077
SLC File No. CU 9202025851
FIELD BK./PG. CULPEPPER &
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2980 SOUTH 25tD STREET • FORT PIERCE, FLORIDA 34981
PHONE 772464-3537 • FAX Tr2-064-9497 • Www.1-9-
STATE OF FLORIDA BOARD OF PROFESSIONAL
ENGINEERS AUTHORIZATION NO. 4266
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.WAES P. TERPENING .R.. P.E. FL REG NO. 24276
PINEAPPLE SOLAR ENERGY CENTER HORIZ SCA E:1"
PERT. SCALE SCAIE
MASTER SITE PLAN
SHEET CEi OP CLil
Date: March 27, 202
PDS Order 2023-020
EXHIBIT B
St. Lucie County Certificate of Capacity
Certificate No. 3220
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: Minor Site Plan for FP&L Pineapple Solar Energy
Center
Number of dwelling units: 0 Number of square feet: 439.44 +/- acres.
2. Property Tax ID No. and legal description
PID Numbers: 4218-131-0005-000-9 and 4218-313-0026-000-0.
PARCEL4: Beginning at the SW corner of Section 18, Township 37 South, Range 38 East, thence
run North 0 degrees 7 minutes 44 seconds East along the West boundary line of Section 18, a
distance of 3,692.0 feet; thence South 89 degrees 52 minutes 16 seconds East a distance of
5,370.98 feet to the East boundary line of said Section 18; thence run South 0 degrees 50
minutes 17 seconds West along the East boundary line of said Section 18 a distance of
3,674.11 feet to the SE corner of said Section 18; thence South 89 degrees 56 minutes 8
seconds West along the South boundary line of said Section 18, a distance of 5,325.57 feet to
the point of beginning; EXCEPTING THEREFROM the West 140 feet thereof AND LESS the South
1338.78 feet of the West 1433 feet of the SW 1/4 of Section 18, Township 37 South, Range 38
East; all lying in St. Lucie County, Florida.
PARCEL 10: The South 1338.78 feet of the West 1433 feet of the Southwest 1/4 of Section 18,
Township 37 South, Range 38 East, less and excepting therefrom the West 140 feet thereof,
said lands now lying in St. Lucie County, Florida.
TOGETHER WITH the terms, conditions and covenants of that certain Cooperative
Improvement and Trust Agreement dated March 10, 1962, recorded in OR Book 36, page 479
and Amendment recorded in OR Book 1271, page 1632, and to those certain Right of Way
Deeds executed incident thereto providing legal access to Glades Cutoff Road (S.R. S-709) duly
recorded in OR Book 36, at pages 576 (Section 16), 577 (Section 17) and 578 (Section 18), all
of the Public Records of St. Lucie County, Florida.
FURTHER TOGETHER WITH (i) a non-exclusive 60 foot easement for ingress and egress as
originally created and conveyed by W.W. Carlton and wife, in OR Book 11, page 321 and OR
Book 36, page 132, respectively, adjacent to the North lines of Section 16 and 17, Township
37 South, Range 38 East, providing access to Carlton Road (County Road) and (ii) a non-
exclusive 60 foot easement for ingress and egress lying 30 foot on each side (approximately)
of the East line of the Plat of New Deal Groves as recorded in Plat Book 12, page 53, of the
Public Records of St. Lucie County, Florida, providing connection to the right of way created
by the Deeds described in the immediately preceding paragraph.
3. Approval: PDS Order No. 2023-20
4. Subject to the following conditions for concurrency: Conditions of approval are
identified in PDS Order No. 2023-20.
5. Owner's Name:
Florida Power & Light Company
700 Universe Blvd.
Juno Beach, FL 33408
6. Certificate Expiration Date: March 27, 2025.
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms and conditions and expiration date listed
herein. The expiration date can be extended only under the same terms and
conditions as the underlying development order issued with this certificate, or for
subsequent development orders issued for the same property, use and size as
described herein.
Signed: Date:
Sloe
Benjamin Balcer, AICP
Planning and Development Services Director
St. Lucie County, Florida
FPL Pineapple Certificate of Capacity Page 2 of 2