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Home My WebLink AboutPDS-23-039 - FP&L North Orange Solar Energy FacilityPDS ORDER 2023-039 File Number: MNSP-2302-000060 AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS FP&L NORTH ORANGE SOLAR ENERGY FACILITY ON APPROXIMATELY 745.17 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: Florida Power & Light Company (FP&L), represented by Lucido & Associates, requested approval of a Minor Site Plan for the development of a 74.5 MW Solar Generation Station to be known as the FP&L North Orange Solar Energy Facility. The site is located approximately 9.2 miles south of the intersection of State Road 60 & 122nd Avenue, 1,380 feet west of Minute Maid Road, and north of the Florida Turnpike, as more particularly described in Part "B" below, and depicted in Exhibit "A", within the AG-5 (Agricultural - 5) Zoning District. 2. Section 7.10.28.A.1. of the St. Lucie County Land Development Code provides that Solar Generation Stations are a permitted use in the AG-1, AG-2.5 and AG-5 Zoning Districts and provides review of a Minor Site Plan. The FP&L North Orange Solar Energy Facility is located in the AG-5 Zoning District. 3. On May 3, 2023, the Environmental Resources Department Director approved an Administrative Category III Wetland Waiver for the subject site. 4. The Development Review Committee reviewed the Minor Site Plan application for the FP&L North Orange Solar Energy Facility, prepared by Culpepper & Terpening, Inc., and dated February 9, 2023, depicted in Exhibit A to this Order, and found it to meet all technical requirements, subject to the conditions set forth in Part "A" of this Order. 5. FP&L 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 171, Page 693 (Plat Book 13, Page 1) of the Public Records of St. Lucie County, Florida. 6. 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. 7. 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. MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY PDS Order No. 2023-039 Page 1 FILE# 5217525 07/17/2023 08:31:53 AM File No: MNSP-2302-000060 g OR BOOK 5017 PAGE 266 - 272 Doc Type: ORD RECORDING: $61.00 8. 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. 9. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity. 10. 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. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Site Plan is hereby approved as shown on the drawing prepared by Culpepper & Terpening, Inc., dated February 9, 2023, for the property described in Part "B" below, subject to the following conditions: Planninq and Development Services 1. Within 30 days of this approval, the applicants, property owners, developers, successors, or assigns, shall combine Parcel IDs #: 1206-501-0003-000-4, 1206-501-0001-000-0, & 1206-501-0002-000-7 through a parcel combination. 2. 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. Environmental Resources Department 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, 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, appropriate mitigative measures per state and federal agency requirements shall be provided prior to initiation of any clearing activities. 4. 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. 5. 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. PDS Order No. 2023-039 Page 2 File No: MNSP-2302-000060 B. The land area on which the Minor Site Plan is granted for the FP&L North Orange Solar Energy Facility is described as follows: A PORTION OF SECTION 19 AND 30, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, ALSO BEING BLOCKS 1 THROUGH 6 AND A PORTION OF BLOCK 7, 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: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID SECTION 30, NORTH 00043'27" EAST, A DISTANCE OF 177.44 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SUNSHINE STATE PARKWAY AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, ON A NON -RADIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 5,529.58 FEET, THENCE NORTHWEST ALONG THE ARC OF SAID CURVE A DISTANCE OF 3,704.08 FEET THROUGH A CENTRAL ANGLE OF 38022'50", WITH A CHORD BEARING NORTH 56006'35" WEST AND A CHORD DISTANCE OF 3,635.22 FEET TO A RADIAL LINE; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, NORTH 36055'10" WEST, A DISTANCE OF 3,908.45 FEET TO THE WEST LINE OF SAID SECTION 30; THENCE ALONG THE WEST LINE OF SAID SECTION 30, NORTH 00003'22" EAST, A DISTANCE OF 134.64 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19, NORTH 00005'32" EAST, A DISTANCE OF 2,664.79 FEET THE NORTH LINE OF LATERAL NO. 3; THENCE ALONG SAID NORTH LINE, SOUTH 88006'52" WEST, A DISTANCE OF 4,426.97 FEET; THENCE PARALLEL TO THE EAST LINE OF SAID SECTION 19, NORTH 00044'47" EAST, A DISTANCE OF 609.52 FEET; THENCE PARALLEL TO SAID NORTH LINE OF LATERAL NO. 3, SOUTH 88006'52" EAST, A DISTANCE OF 1,036.23 FEET TO SAID EAST LINE; THENCE ALONG SAID EAST LINE OF SECTION 19, SOUTH 00044'47" WEST, A DISTANCE OF 3,279.32 FEET TO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID SECTION 30, SOUTH 00043'27" WEST, A DISTANCE OF 2,639.84 FEET TO THE EAST -WEST 1/4 SECTION LINE OF SAID SECTION 30; THENCE CONTINUE, SOUTH 00043'27" WEST, A DISTANCE OF 2462.40 FEET TO THE PLACE AND POINT OF BEGINNING. SAID LAND CONTAINING 745.17 ACRES MORE OR LESS. Parcel Identification Numbers: 1206-501-0003-000-4 (Portion of), 1206-501-0001-000-0, 1206-501-0002-000-7 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. PDS Order No. 2023-039 Page 3 File No: MNSP-2302-000060 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. 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 "A" 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. F. A copy of this Order shall be attached to the site plan drawings, which shall be placed on file with the St. Lucie County Planning and Development Services Department and copies provided to the developer and agent of record as identified on the site plan application. G. The conditions set forth in Part "A" are an integral non -severable part of the site plan approval granted by this Order. If any condition set forth in Part "A" 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. H. The Certificate of Capacity, attached 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. PDS Order No. 2023-039 Page 4 File No: MNSP-2302-000060 H. The Certificate of Capacity, attached 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. I. This Order shall be recorded in the Public Records of St. Lucie County. INS - This ORDER is effective the day of , 2023. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: r, M County Attorney PDS Order No. 2023-039 Page 5 File No: MNSP-2302-000060 EXHIBIT "'Aly (Site Plan — FP&L North Orange) ` " �`` ° � ..| � if ! ) ` .�� , / g�� ` � �§�f ; )°�� RM � �� /]�� (` � �� <'«�� /)�/ �� i d u� r !!]% 1 j!�� • \R \\�� \ §§�[[§�\��i} ¢/ �� \ M! N� � 1� � §| § \ 111111 PDS Order No. 2023039 Page 6 File No: MNSP-2302-000060 EXHIBIT "B" (Certificate of Capacity) St Lucie County Certificate of Capacity Date 6/2112023 Certificate No. 3237 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 Sitc Plan Number of units 0 Number of square feet +/. 745.17 acres 2. Property legal description & Tax ID no. 1206-501.0003.000.4 (Portion of), 1206-501-0001.000-0, 1206-501-0002-000-7 9.2 miles S of the interceC: ioT1 of Stale Road 60 &t 122nd Avenue. FP&cL North Orange Solar Encrgy Facility 3. Approval: Building Resolution No. 2023-039 Letter 4. Subject to the following conditions for concurrency: Outlined in PPS Order 2023-039 Owner's name Florida Power and bight Company (FM) Address 700 Universe Blvd PSX/313 lurho Beach FL 33408 6. Certificate Expiration Date 6,11l2025 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 develo ment order issued with this certificate, or for subsequent development o er(s) ued fay ame property, use and size as described herein. Signed Date: 6121i2023 Planning and Development Services Director St Lucie County, Florida W'ednesduy, June 21, 2023 Page I of 1 PDS Order No. 2023-039 Page 7 File No: MNSP-2302-000060