HomeMy WebLinkAbout24-010 PDS 2024-010
MNSP-2307-000078
AN ORDER GRANTING APPROVAL FOR A MINOR SITE
PLAN KNOWN AS FPL SUNBREAK SUBSTATION FOR
TWO PARCELS AND PORTIONS OF SIX ADDITIONAL
PARCELS OF LAND OWNED BY FLORIDA POWER AND
LIGHT, LOCATED SOUTH AND EAST OF THE
INTERSECTION OF FLORIDA'S TURNPIKE AND THE C-25
CANAL.
WHEREAS, the St. Lucie County Planning and Development Services Director has
reviewed the application for a Minor Site Plan submitted by Culpepper and
Terpening, Inc., acting as an agent for the owner, Florida Power and Light
Corporation, reviewed the comments of the St. Lucie County Development Review
Committee on this application, and made the following determinations:
1. Florida Power and Light Corporation has proposed a Minor Site Plan to be known as
the FPL Sunbreak Substation. The Applicant proposes to develop an electric
substation and associated improvements including access from Schumann Road. The
property is zoned U (Utilities) and is described in Section "B" below.
2. The Development Review Committee has reviewed the site plan and found it to meet
technical requirements of the Land Development Code and to be consistent with the St.
Lucie County Comprehensive Plan.
3. 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.
4. 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.
5. 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:
A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the
proposed Minor Site Plan known as FPL Sunbreak Substation, is hereby approved
as shown on the site plan, attached as Exhibit "A," prepared by Culpepper and
Terpening and dated 7/13/2023; along with the certificate of capacity, attached as
Page 1 MICHELLESAINTLUCIE R.MILLERCOUNTY,CLERK OF THE CIRCUIT COURT File No.: MNSP 2307-000078
FILE# 5293649 01/29/2024 02:16:16 PM PDS 2024-010
OR BOOK 5100 PAGE 720-727 Doc Type:ORD
RECORDING: $69.50
Exhibit "B". The approval is subject to the following conditions:
1 . The northbound access road on the FPL-owned parcel between Schuman Rd. and
the C-25 Canal shall be located within the eastern fringe of the FPL parcel, and the
treeline windbreak that lines the east property line shall be preserved.
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., a tree
survey consistent with LDC 11.02.09.A.2.i and a finalized tree mitigation plan
consistent with LDC 6.00.05.D shall be provided to the Environmental Resources
Department per LDC 7.09.04.E.
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 wall
waiver signed by adjacent residential owner(s) to the west of the stabilized driveway
leading to the C-25 Canal OR a revised landscape plan depicting an eight (8) foot
tall opaque masonry wall or wood fence with associated landscaping to buffer
residential use from non-residential use shall be provided to the Environmental
Resources Department per LDC 7.09.04.E.
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 revised
landscape plan in accordance with LDC 7.09.00 shall be provided to the
Environmental Resources Department per LDC 6.00.03., depicting palm tree
plantings along the western perimeter of the stabilized driveway leading to the
NSLRWCD No. 60 Canal.
5. 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., palm tree
mitigation shall be satisfied via a fee-in-lieu of$1,600 to be provided to the St. Lucie
County Tree Mitigation Fund.
6. 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.
7. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant
species shall be eradicated from the site.
8. Within 90 days of developmental approval, the applicant, property owner,
developer, successors, or assigns, shall convey to St. Lucie County, in a manner
or form acceptable to the County Attorney, 20' right-of-way along Schumann Rd.,
as determined by the Public Works Department.
9. A Site Development Permit is required prior to performing site improvement
activities. The Site Development Permit application can be found on the County's
website under the Public Works Department link. In accordance with the permit and
Land Development Regulations, the applicant shall retain the FOR for site
inspections and final certification.
B. The property on which this Minor Site Plan approval is being granted is described as
follows:
Page 2 File No.: MNSP 2307-000078
PDS 2024-010
LEGAL DESCRIPTION
PARCEL 1
A PORTION OF THAT PART OF SECTION 33, TOWNSHIP 34 SOUTH, RANGE 38
EAST, WHICH LIES NORTH OF THE NORTH RIGHT OF WAY LINE OF CENTRAL
AND SOUTHERN FLORIDA CONTROL DISTRICT PERMANENT RIGHT OF WAY
FOR CANAL C-25 AND WEST OF A LINE WHICH COMMENCES ON THE NORTH
LINE OF SECTION 33 AT A POINT WHICH IS 41 FEET EAST OF THE NORTH
QUARTER CORNER OF SAID SECTION AND A PORTION OF TRACTS 1, 7 AND
14, PLAT OF UNITED GROVES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED BY FLORIDA PROFESSIONAL SURVEYOR
AND MAPPER AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 33; THENCE
ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 89°50'16" EAST, A
DISTANCE OF 41.17 FEET TO A POINT ON SAID LINE EAST OF SAID NORTH
QUARTER CORNER; THENCE ALONG SAID LINE, SOUTH 01°08'43" EAST, A
DISTANCE OF 400.16 FEET TO THE NORTHWEST CORNER OF TRACT 6 OF SAID
PLAT OF UNITED GROVES AND THE POINT OF BEGINNING; THENCE ALONG
THE WEST LINE OF SAID PLAT, SOUTH 01°08'43" EAST, A DISTANCE OF 2,749.83
FEET TO A POINT; THENCE DEPARTING SAID WEST LINE, NORTH 89°11'07"
WEST, A DISTANCE OF 1,918.73 FEET TO A POINT ON THE EAST LINE OF A
FLORIDA POWER & LIGHT EASEMENT, AS RECORDED IN OFFICIAL RECORDS
BOOK, 360, PAGE 2599, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA; THENCE ALONG SAID EAST LINE TO FOLLOWING 2 COURSES,
SOUTH 01°28'54" EAST, A DISTANCE OF 1,282.99 FEET; SOUTH 03°01'06" WEST,
A DISTANCE OF 650.69 TO A POINT ON SAID EAST LINE; THENCE DEPARTING
SAID EAST LINE ON A LINE PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF
SOUTH FLORIDA WATER MANAGEMENT CANAL (C-25), SOUTH 89°40'31" EAST,
A DISTANCE OF 1,790.08; THENCE NORTH 68°11'55" EAST, A DISTANCE OF
137.15' FEET; THENCE SOUTH 89°35'40" EAST, A DISTANCE OF 1,811.42 FEET;
THENCE SOUTH 89°35'29" EAST, A DISTANCE OF 157.33 FEET; THENCE SOUTH
89°37'20" EAST, A DISTANCE OF 509.95 FEET TO A POINT ON THE EAST LINE
OF SECTION 33; THENCE SOUTH 89°27'53" EAST, A DISTANCE OF 2,432.51
FEET; THENCE NORTH 87°25'38" EAST, A DISTANCE OF 199.38 FEET; THENCE
SOUTH 89°41'27" EAST, A DISTANCE OF 521.74 FEET TO A POINT OF
CURVATURE; THENCE ON A CURVE, CONCAVE TO THE NORTHWEST, HAVING
A RADIUS OF 175.00 FEET, THENCE NORTHEAST ALONG THE ARC OF SAID
CURVE A DISTANCE OF 179.56 FEET, THROUGH A CENTRAL ANGLE OF
58°47'14", HAVING A CHORD BEARING NORTH 60°54'56" EAST AND A CHORD
DISTANCE OF 171.78 FEET TO A REVERSE CURVE, CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 375.00 FEET, THENCE NORTHEAST ALONG
THE ARC OF SAID CURVE A DISTANCE OF 384.76 FEET, THROUGH A CENTRAL
ANGLE OF 58°47'14", HAVING A CHORD BEARING NORTH 60°54'56" EAST AND
A CHORD DISTANCE OF 368.10 FEET TO A RADIAL LINE; THENCE SOUTH
89°41'27" EAST, A DISTANCE OF 375.00 FEET TO A POINT ON THE EAST LIMITS
Page 3 File No.: MNSP 2307-000078
PDS 2024-010
OF SAID PLAT OF UNITED GROVES; THENCE ALONG SAID EAST LINE, SOUTH
00°52'13" WEST, A DISTANCE OF 425.00 FEET TO A POINT; THENCE, NORTH
89°41'27" WEST, A DISTANCE OF 726.88 FEET TO A POINT; THENCE, NORTH
00°48'51" EAST, A DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTH LINE
OF SAID PLAT OF UNITED GROVES; THENCE ALONG SAID SOUTH LINE THE
FOLLOWING 6 COURSES: NORTH 89°41'27"WEST, A DISTANCE OF 634.10 FEET;
SOUTH 87°25'38" WEST, A DISTANCE OF 199.58 FEET; NORTH 89°27'53" WEST,
A DISTANCE OF 2,436.06 FEET TO A POINT ON THE EAST LINE OF SAID
SECTION 33; NORTH 89°37'20" WEST, A DISTANCE OF 508.87 FEET; SOUTH
00°22'40" WEST, A DISTANCE OF 5.00 FEET; NORTH 89°35'29" WEST, A
DISTANCE OF 157.36 FEET; THENCE DEPARTING SAID SOUTH LINE LINE OF
PLAT, SOUTH 00°24'31" WEST, A DISTANCE OF 70.00 FEET; THENCE NORTH
89°35'40" WEST, A DISTANCE OF 1,769.05 FEET; THENCE NORTH 00°24'01"
EAST, A DISTANCE OF 23.40 FEET; THENCE NORTH 89°40'31" WEST, A
DISTANCE OF 2,149.70 FEET; THENCE NORTH 00°19'29" EAST, A DISTANCE OF
5.00 FEET TO A POINT OF CURVATURE, CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 355.00 FEET, THENCE NORTHWEST ALONG THE ARC OF
SAID CURVE A DISTANCE OF 556.30 FEET THROUGH A CENTRAL ANGLE OF
89°47'06", HAVING A CHORD BEARING NORTH 44°45'27" EAST AND A CHORD
DISTANCE OF 501.10 FEET TO A RADIAL LINE; THENCE NORTH 00°06'13" EAST,
A DISTANCE OF 528.55 FEET; THENCE NORTH 02°24'44" WEST, A DISTANCE OF
1 ,789.68 FEET; THENCE NORTH 05°53'00" WEST, A DISTANCE OF 627.89 FEET;
THENCE NORTH 01°13'00" EAST, A DISTANCE OF 1,458.67 FEET TO A POINT ON
THE SOUTH RIGHT-OF-WAY LINE OF SUNSHINE STATE PARKWAY (FLORIDA
TURNPIKE); THENCE ALONG SAID SOUTH LINE, SOUTH 89°50'16" EAST, A
DISTANCE OF 2,516.22 FEET TO THE PLACE AND POINT OF BEGINNING.
SAID LAND CONTAINING 212.87± ACRES, MORE OR LESS
ALSO TOGETHER WITH
PARCEL 2
A PORTION OF THE EAST ONE HALF OF THE WEST ONE HALF OF THE
NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ST.
LUCIE COUNTY FLORIDA,
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 35
SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE ALONG THE
NORTH LINE OF SAID SECTION 3, SOUTH 89°39'59" EAST, A DISTANCE OF
3,320.44 FEET TO THE WEST LINE OF THE EAST ONE HALF OF THE WEST ONE
HALF OF THE NORTHEAST 1/4 OF SAID SECTION 3; THENCE ALONG SAID WEST
LINE, SOUTH 01°15'08" EAST, A DISTANCE OF 145.71 FEET TO A POINT ON THE
SOUTH RIGHT OF WAY LINE OF THE C-25 CANAL; THENCE ALONG SAID SOUTH
RIGHT-OF-WAY LINE, SOUTH 89°32'56" EAST, A DISTANCE OF 292.11 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE, SOUTH 89°32'56" EAST, A
Page 4 File No.: MNSP 2307-000078
PDS 2024-010
DISTANCE OF 372.00 FEET TO THE EAST LINE OF SAID WEST 1/2 OF THE
NORTHEAST 1/4 OF SECTION 3; THENCE ALONG SAID EAST LINE, SOUTH
00°15'20" EAST, A DISTANCE OF 2,850.91 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF SCHUMANN ROAD, SAID LINE ALSO BEING 65.00 FEET
NORTH OF AND PARALLEL TO, WHEN MEASURED AT RIGHT ANGLES, THE
SOUTH LINE OF SAID NORTHEAST 1/4 OF SECTION 3; THENCE ALONG SAID
NORTH RIGHT-OF-WAY LINE, NORTH 89°53'29" WEST, A DISTANCE OF 150.00
FEET; THENCE DEPARTING SAID NORTH RIGHT-OF-WAY LINE, ON A LINE
PARALLEL TO AND 150.00 FEET WEST OF, WHEN MEASURED AT RIGHT
ANGLES, SAID EAST LINE OF WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION
3, NORTH 00°15'20" WEST, A DISTANCE OF 2,315.65 FEET TO A POINT OF
CURVATURE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 250.00
FEET, THENCE NORTHWEST ALONG THE ARC OF SAID CURVE A DISTANCE OF
166.91 FEET THROUGH A CENTRAL ANGLE OF 38°15'10", HAVING A CHORD
BEARING NORTH 19°22'56" WEST AND A CHORD DISTANCE OF 163.83 FEET TO
A RADIAL LINE; THENCE NORTH 38°30'31" WEST, A DISTANCE OF 126.17 FEET
TO A POINT OF CURVATURE, CONCAVE TO NORTHEAST, HAVING A RADIUS
OF 420.00 FEET, THENCE NORTHWEST ALONG THE ARC OF SAID CURVE A
DISTANCE OF 280.41 FEET THROUGH A CENTRAL ANGLE OF 38°15'10", HAVING
A CHORD BEARING NORTH 19°22'56" WEST AND A CHORD DISTANCE OF 275.23
FEET TO A RADIAL LINE; THENCE NORTH 00°15'20", WEST, A DISTANCE OF
25.00 FEET TO THE PLACE AND POINT OF BEGINNING.
SAID LAND CONTAINING 11 .36 ACRES, MORE OR LESS
Parcel ID Numbers: 1234-434-0001-000-2, 2203-121-0001-000-8 and portions of
1233-122-0015-000-2, 1233-433-0026-000-7, 1233-501-0001-000-4, 1233-501-0007-
000-6, 1233-501-0007-010-9, & 1233-501-0021-000-0.
C. The approvals granted by this administrative order shall expire twenty-four (24) months
from the effective date, unless a Building Permit is obtained, or an extension is granted
in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land
Development Code.
D. The conditions set forth in Section "A" are an integral non-severable part of the site plan
approval granted by this Order. If any condition set forth in Section "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.
E. The developer is advised as part of this site plan approval that any successors in
interest, the developer 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, South Florida Water Management District,
the St. Lucie County Fire District, and the St. Lucie County Environmental Resources and
Page 5 File No.: MNSP 2307-000078
PDS 2024-010
Building Departments prior to the commencement of any development activities on the
property described in Section "B". 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.
F. 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 Section "A" above, all such appeals must be filed in writing with the County
Administrator within 30 days of the rendering of this Order, as described in Section
11.02.03(B), 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.
G. A copy of this Order shall be attached to the site plan drawings, described in Section "A"
and attached as Exhibit"A", which plan shall be placed on file with the St. Lucie Planning
and Development Services Department along with support documents including but
not limited to the associated landscape plans, and copies provided to the developer
and agent of record as identified on the site plan applications.
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.
ORDER effective the 4 Day of lowtva.(7 , 2024.
PLANNING AND DEVELOPMENT SERVICES
DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Benjamin Balcer, AICP
APPROVE AS TO FORM AND CORRECTNESS:
BY
COUNTY A NEY
Page 6 File No.: MNSP 2307-000078
PDS 2024-010
EXHIBIT A
SITE PLAN
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Page 7 File No.: MNSP 2307-000078
PDS 2024-010
EXHIBIT B
CERTIFICATE OF CAPACITY
St Lucie County
Certificate of Capacity
Date 122 2C24 Certificate No. 326S
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?tar.
Number of units C Number of square feet S
2. Property legal description& Tax ID no.
1234-434-0001-000-2.2203-121-0001-000.3 and portions of 1233-122-0015-000 2.1233-i33-0026-000-;
Florida Ttxnpiia&C-25 Canal(SE Corner)
F?L(F?&L)Sunbreak S ub s tation
3.Approval: Building Resolution No. 2024-010 Letter
4. Subject to the following conditions for concurrency:
*Substation,no snish d floor area.
Owner's name
Florida?over&Lieht Company
Address
1101 S.FlaelerDtize
West?almBeach FL 334C.
6. Certificate Expiration Date 1r23,'2026
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 development or lerissued with this certificate.or for subsequent
developmerr\rder su or same property, use and size as described herein.
Signed Date: 122 024
Planning and Development Services Director
St Lucie County.Florida
Page 8 File No.: MNSP 2307-000078
PDS 2024-010