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HomeMy WebLinkAbout24-014 PDS ORDER 2024-014 File Number: MNSP-2304-000065 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTROR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS FP&L SEAGRAPE SOLAR ENERGY CENTER ON APPROXIMATELY 564.64 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, which Station is to be known as the FP&L Seagrape Solar Energy Center (proposed 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 Seagrape Solar Energy Center is located in the AG-5 Zoning District. 3. The Development Review Committee reviewed the Minor Site Plan for the FP&L Sea Grape Solar Energy Center, prepared by Culpepper & Terpening, Inc. and dated February 12, 2024, 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. 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 39, Page 333; O.R. Book 39, Page 336; O.R. Book 39, Page 339; and O.R. Book 69, Page 2, 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. 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 public health, safety, and general welfare. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5313750 03/19/2024 01.53:11 PM PDS Order 2024-14 OR BOOK 5122 PAGE 635-641 Doc Type:ORD Page 1 of 7 (RECORDING: $61.00 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 Seagrape Energy Center is described as follows: A PORTION OF SECTIONS 7, 18 AND 19, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, ALSO BEING BLOCKS 8 THROUGH 14 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 SECTION 30, TOWNSHIP 34 SOUTH, RANGE 38 EAST; THENCE ALONG THE EAST LINE OF SAID SECTION 30, NORTH 00°43'27" EAST, A DISTANCE OF 177.44 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SUNSHINE STATE PARKWAY; THENCE CONTINUE, NORTH 00°43'27" EAST, A DISTANCE OF 2,462.40 FEET TO THE EAST-WEST 1/4 SECTION LINE; THENCE CONTINUE, NORTH 00°43'27" EAST, A DISTANCE OF 2,639.84 FEET TO THE SOUTHEAST CORNER OF SECTION 19; THENCE ALONG THE EAST LINE OF SAID SECTION 19, NORTH 00°44'47" EAST, A DISTANCE OF 5,279.95 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF SAID SECTION 18, NORTH 00°41'14" EAST, A DISTANCE OF 2,639.16 FEET TO THE EAST-WEST 1/4 SECTION LINE; THENCE ALONG SAID EAST LINE OF SECTION 18, NORTH 00°43'31" EAST, A DISTANCE OF 639.59 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°46'59" WEST, A DISTANCE OF 5,449.01 FEET TO THE WEST LINE OF SAID SECTION 18; THENCE ALONG SAID WEST LINE, NORTH 01°28'00" EAST, A DISTANCE OF 1,996.14 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE ALONG THE WEST LINE OF SAID SECTION 7, NORTH 01°20'57" EAST, A DISTANCE OF 2547.90 FEET TO THE NORTH LINE OF SAID BLOCK 14; THENCE ALONG SAID NORTH LINE, SOUTH 87°39'04" EAST, A DISTANCE OF 5,394.40 FEET TO THE EAST LINE OF SAID SECTION 7; THENCE ALONG THE SAID EAST LINE, SOUTH 00°41'41" WEST, A DISTANCE OF 2,536.21 FEET TO THE NORTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF SAID SECTION 18, SOUTH 00°43'31" WEST, A DISTANCE OF 1996.53 FEET TO THE PLACE AND POINT OF BEGINNING. CONTAINING 564.64 ACRES, MORE OR LESS. PDS Order 2024-14 Page 2 of 7 Parcel Identification Number: 1206-501-0003-000-4 (The subject site is a portion of this +/- 1,298-acre parcel.) B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code (LDC), the proposed Minor Site Plan known as FPL Seagrape Solar Energy Center, depicted in Exhibit A, is hereby approved as shown on the Development Plan for the project prepared by Culpepper & Terpening, Inc., dated February 12, 2024, and received by the St. Lucie County Planning & Development Services Department on February 12, 2024, subject to the following conditions: Environmental Resources Department 1. 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, the following shall be accomplished: a. An updated boundary survey shall be provided depicting the limits and elevations of all jurisdictional wetlands (Wetland 1 through Wetland 14) along with the identification of the agency or agencies claiming jurisdiction, and the categorization of the wetland, per LDC 11.02.09.A. b. A Vegetation Removal Permit or Exemption shall be issued by the Environmental Resources Department, per LDC 6.00.03. c. The developer shall provide an executed Conservation Easement and approved Preserve Area Monitoring and Management Plan (PAMMP) with an attached affidavit and cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The developer shall also provide a GIS shape file or CAD file of the Conservation Easement boundaries to St. Lucie County. d. An Environmental Resource Permit (ERP) shall be obtained from the Florida Department of Environmental Protection to authorize wetland impacts. e. 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 also be provided in accordance with FWCC requirements. 2. 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. Public Works Department 3. A St. Lucie County Site Development Permit is required prior to the commencement of site construction activities. 4. No excavated material is approved to leave the site unless permitted by St. Lucie County. 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 PDS Order 2024-14 Page 3 of 7 a site plan extension is granted in accordance with Section 11.02.06 of the St. Lucie County LDC. 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, 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 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 LDC. 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. PDS Order 2024-14 Page 4 of 7 2�d � This ORDER is effective the 01-J day of 1''w'12024. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, AICP Director APPROVED AS TO FORM AND CORRECT ESS: BY County Attorney PDS Order 2024-14 Page 5 of 7 N .~ 0 to v :�.41....,. moo. • ., .... T.. ._ u., t a — _ -- ..-_ o... _. ...—.. • �illlllllll l I■llllllllllll . -r_ ` ___ — - ,,,I = LOCATION AP.. ,I. 111iJlll1IIII�IIIIIIIIIIIIIIIIIIIIIIII �IntlillliiYllllYlllilllllll�� II I Iaisosornio 1 IIIIIIIIIIIII mflllit ; 'r - " an _ IIIIII I — ll I�!Itl illlllll I II I III i """' , _ aTill la ._ .. +� _____ ______ I II h IIIII III IIII II IIIIIIl!I(IIuIllllllnn..i1171Iuillillillll 1 �� . _- -.,„„IIII I I I I , I I I 1I0'IIII ., M... s .. � .. _______. L II,I., I'. „� IIIIII III III II III I I 1 lino I I III �-. . ._ •- I ; - I"'�ITIIIIIII 1(I1 ^lTI_IT11_<�_TI10l111 I IIII l�IlIJIHI i 11 ,!'I'I ' , -.— �Mw-�.-a ~ mil 11 [C �j.i. 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'CULPEPP �� .... .. ..,IFPL SEA GRAPE SOLR ENERGY TERPENIN if F f -,KK 4u-xea i IIASTBR SITE PLAN I~ dJ L of t t p L 0 0 PDS Order 2024-14 Exhibit B St Lucie County Certificate of Capacity Date 2.'2312024 Certificate No. 32-2 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 ?DS Or,tr 2C24- Number of units C Number of square feet - -=E:aa_s 2. Property legal description & Tax ID no. F?&L 3eazrap_Sclar Enerzy Cent A 3. Approval: Building Y.. Resolution No. NA Letter 02.2324 4. Subject to the following conditions for concurrency: Applicable condition are identified in the?DS Osd r. Owner's name Florida Power dt Lieht Ccrnpam• Address 70Ctni:ter e Bl d. Juno Beach FL 334CS 6. Certificate Expiration Date 223 20.1.E 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 a s the underlying development ordenssued with this certificate.or for subsequent devel opme er( }isg[i rd for the same property. use and size as described herein. Signed Date. 1 3 20'_3 Planning and Development Services Director St Lucie County, Florida PDS Order 2024-14 Page 7 of 7