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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 ..._..... z., 4 . . i i. il It .11 go ,,,;1 .,. , ; irl.'iq ,11.1 rii 1 . I a sd id di a' ' 'I-1 ...4' ,E A,k 47)- 7-•-•\.- 4P1- ---. v 1 I , 5L'T- , -- - - .T. .---4-.!4- I. r . 3i. , :, 1 ..........,' 11{1 -- ---1 ------4-.. - A ilit- IP I 1 i tiA r . I k 1 ' ,____ r I ,, II tif 4. ' I 11 _ r / —7 ,•• IiI L if I N 1,1 1,g 1.; 1,1 hi I 0 11 Li h 9 11 4 ti 1RIM ig!li 1140 AI PA ra k fetIII KIIII HII1 HMI 41111 HMI ........e.e 0 1! ' 1.—..- -. r; I; II I; II § " eft If " III t 1. :e '4'.ez 17 •e; I , I 1 I I i :AA 2 -x I I ll II II ,I I II I I Il / I:xmm ,II, 00Ii I 11 i 1,1 1 I I I III i lii, il II I II I 1,2 HI lie he HMI eqk I I I III t I I II I II II III II I I II II il ! 1 11 11 11 / i i i 1 li 1 P i QUI d li I IIII I'll 1 W, 4 • jul 01 11 1 Eh i I ; I ?1 10 II III' i I I?,o I ii,:till, A ,1 I I hi.,,,.:1 ih It 11 ...„.:,_ 4 1 II :,.Et. ilmq—:."-- II i I Ili"- —.-: "•ii li,ol qi— —iii li ,1,, ;Ili op lif , 1 . , id .! ,i II; 11;1 II :11111 41 e 1 wo i of tl,1 rf0 44 i i; f il - I ' *101•11110.. I I r i 1 in rl .141 if II iiiliii' girl PI'1 5: i- - t !it I Illi ii III Ili CI P lip III ill i 11111 0 imi.0 011 i 1 i; '1, -..-- ----- , !!I.5.1. 1 1 ii ill , ti ri ii 1, 4 1 1 1 ni , 1 9 tl 1 illi 1 1 1115! il ; 1 011 • II i i. • .! 111 1 1 3 1 i I 1 i i 1 PI ,t ii It NI 1 1 fil I! 111-1 MI odithimil I I gi r ri i I 1111 1 , fill 11 1 ,i ( Ili- 1 10 .::1 ,) ' Willi il i 110 IPilli g e: e I 41 I 11 11 ; i I I ig ill 111 1 HIT t —a i 1 1 zi i Of Ili 111411 I: 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