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
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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