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HomeMy WebLinkAboutPDS-23-052 - FP&L Buttonwood Solar Energy Center PDS ORDER 2023-052 MNSP-2211-000051 AN ORDER GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS FP&L BUTTONWOOD SOLAR ENERGY CENTER ON APPROXIMATELY 521.75 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 the 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 Buttonwood Solar Energy Center (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 Buttonwood 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 Buttonwood Solar Energy Center, prepared by Culpepper & Terpening, Inc., and dated June 27, 2023, 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, via other lands owned by FP&L, O.R. Book 4359, Page 637 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# 5222450 07/27/2023 08.51:32 AM OR BOOK 5022 PAGE 1201-1208 Doc Type:ORD RECORDING $69.50 6. The 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 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 project on the immediate vicinity. 9. The 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 Buttonwood Solar Energy Center is described as follows: ALL OF SECTION 6 AND A PORTION OF SECTION 7, TOWNSHIP 34 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 6, THENCE NORTH 00°00'46" WEST ALONG THE WEST LINE OF SAID SECTION 6, A DISTANCE OF 3,553.90 FEET; THENCE SOUTH 89°39'43" EAST, A DISTANCE OF 4,445.80 FEET; THENCE SOUTH 01°10'03" WEST, A DISTANCE OF 440.07 FEET; THENCE NORTH 89°52'09" EAST, A DISTANCE OF 966.69 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID SECTION 6; THENCE SOUTH 03°05'37" EAST ALONG SAID EAST LINE, A DISTANCE OF 3001 .88 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6, THE SAME BEING THE NORTHEAST CORNER OF SAID SECTION 7; THENCE SOUTH 00°04'17" WEST ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 785.85 FEET; THENCE NORTH 89°41'14" WEST, A DISTANCE OF 5,563.42 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 7; THENCE NORTH 00°01'41" WEST, A DISTANCE OF 663.10 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7, THE SAME BEING THE SOUTHWEST CORNER OF SAID SECTION 6 AND THE POINT OF BEGINNING. PDS Order 2023-052 Page 2 of 6 Parcel Identification Numbers: 1106-111-0001-000-6 and 1107-111-0001-000-9 (The subject site is a portion of each of these parcels.) B. Pursuant to Section 11 .02.04 of the St. Lucie County Land Development Code, the proposed Minor Site Plan project known as FPL Buttonwood Solar Energy Center, as shown on the Development Plan for the project prepared by Culpepper & Terpening, Inc., dated June 27, 2023, received by the St. Lucie County Planning & Development Services Department on June 29, 2023, and depicted in reduced form in Exhibit A, is hereby approved subject to the following conditions: 1. Planning and Development Services a. Prior to generation of electricity from the FP&L Buttonwood Solar Energy Center, FP&L shall have obtained from the St. Lucie County Property Appraiser a unique parcel identification number for the land area that is the subject of the FPL Buttonwood Site Plan. b. The land that is the subject of this Site Plan does not have frontage on a public road or a private road improved to County standards. Any conveyance by FP&L of the land or improvements upon the land to any other party shall be accompanied by legal ingress and egress to the site. 2. Environmental Resources Department Prior to commencement of development, as defined in LDC 2.00.00 and including but not limited to clearing, filling, excavation, grading, or planting of vegetation, whichever comes first, the developer shall accomplish the following: a. The developer shall provide an executed Conservation Easement over all onsite preserve areas (i.e., wetlands and their associated upland buffers), along with the approved Preserve Area Monitoring and Management Plan (PAMMP) and an attached affidavit and cashier's check (payable to Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a georeferenced GIS shapefile or CAD file of the boundaries of the conservation easement to St. Lucie County. b. The developer shall provide a revised boundary survey which shall include the limits and elevations of all jurisdictional wetlands (Wetland 1) along with the identification of the agency or agencies claiming jurisdiction per LDC 11 .02.09.A. c. Paragraphs a. and b. above are modified to permit issuance of a Vegetation Removal Permit for the clearing of citrus trees and other non-native vegetation PDS Order 2023-052 Page 3 of 6 on the subject site prior to County receipt of the executed conservation easement and revised survey. No clearing pursuant to this paragraph shall encroach within 200 feet of Wetland 1. Prior to commencement of clearing activity, a conspicuous, suitable protective barrier, as required by LDC Section 6.00.05.C., shall be placed 200 feet from Wetland 1 and inspected by ERD prior to the issuance of the Vegetation Removal Permit or Exemption. d. The developer shall obtain a vegetation removal permit or exemption from the Environmental Resources Department. e. The developer shall eradicate all Category I listed invasive plant species from the site within 180 days of issuance of the Vegetation Removal Permit or Exemption. 3. Public Works Department a. A Site Development Permit is required prior to the commencement of site improvement activities. In accordance with the permit and Land Development Code, the applicant shall retain the Engineer of Record (EOR) for site inspections and final certification. b. Access to the site shall be limited to property within ownership of FP&L or legal access easements. Improvements to the easement areas may be required and will be reviewed at the time of Site Development Permitting. 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, it is the responsibility of the property owner(s), developer,. or authorized agent, including any successors in interest, to obtain all applicable development permits and construction authorizations from any appropriate state, 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, and Building Departments and the 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 PDS Order 2023-052 Page 4 of 6 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 12h day of July, 2023. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, AICP, irector APPROVED AS TO FORM AND CORRECTNESS: BY A-5iYCounty Attorney PDS Order 2023-052 Page 5 of 5 NMI ill i MIRE 0 1 111 mT To z 'xFF lu 92 90 r, Z 2 N 1 5 M I i St Lucie County Certificate of Capacity Date 7/12/2023 Certificate No. 3241 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 PDS Order 2023-052 Number of units 0 Number of square feet 521.75 acres 2. Property legal description & Tax ID no. 1106-111-0001-000-6 and 1107-111-0001-000-9(partial) Sec. 6& Sec.7/Township 34 S/Range 37 E FPL-Buttonwood Solar Energy Center 3. Approval: Building Resolution No. Letter 4. Subject to the following conditions for concurrency: Applicable conditions are identified in the PDS Order. Owner's name Florida Power& Light Company Address 700 Universe Blvd. PSX/JB Juno Beach FL 33408 6. Certificate Expiration Date 7/5/2025 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 orderissued with this certificate, or for subsequent developme order the same property, use and size as described herein. Signed AO Date: 7/12/2023 Planning and Development Services Director St Lucie County, Florida Wednesday,July 12,2023 Page 1 of 1