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HomeMy WebLinkAbout24-023 PDS ORDER 2024-023 File Number: MNSP-2307-000080 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTROR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN KNOWN AS FP&L WOOD STORK SOLAR ENERGY CENTER ON APPROXIMATELY 603.12 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 Wood Stork 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 Wood Stork Solar Energy Center is within the AG-5 Zoning District. 3. The Development Review Committee reviewed the Minor Site Plan for the FP&L Wood Stork Solar Energy Center, prepared by Culpepper & Terpening, Inc. and dated June 29, 2023, revised October 19, 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. 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 4359, Page 637; 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. IRICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT PDS Order 2024-23 SAINT LUCIE COUNTY Page 1 of 7 FILE# 5314854 03/21/2024 01.52:51 PM DR BOOK 5123 PAGE 959-965 Doc Type:ORD 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 Wood Stork Solar Energy Center is described as follows: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH 00°01'41" WEST, ALONG THE WEST LINE OF SAID SECTION 7 BEING ALSO THE WEST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4519, PAGE 1033, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 1964.38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°01'41" WEST, CONTINUING ALONG SAID WEST LINES, A DISTANCE OF 2,653.20 FEET; THENCE SOUTH 89°41'14" EAST, A DISTANCE OF 5,563.42 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 7 BEING ALSO THE WEST LINE OF SAID SECTION 8; THENCE NORTH 00°04'17" EAST, ALONG SAID EAST AND WEST LINE, A DISTANCE OF 785.85 FEET TO THE NORTHWEST CORNER OF SAID SECTION 8; THENCE NORTH 86°24'06" EAST, ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 1,645.40 FEET TO A POINT ON A THE EAST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4519, PAGE 1033; THENCE CONTINUE ALONG SAID EAST LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4519, PAGE 1033 THE FOLLOWING FIVE (5) COURSES AND DISTANCES; THENCE SOUTH 01°30'58" WEST, A DISTANCE OF 1,420.31 FEET; THENCE SOUTH 19°06'09" EAST, A DISTANCE OF 1,060.63 FEET; THENCE SOUTH 37°55'11" WEST, A DISTANCE OF 857.29 FEET; THENCE SOUTH 15°45'03" WEST, A DISTANCE OF 590.68 FEET; THENCE SOUTH 08°42'30" EAST, A DISTANCE OF 1,217.10 FEET; THENCE DEPARTING SAID EAST LINES, NORTH 89°38'16" WEST, ALONG THE APPROXIMATE CENTERLINE OF AN EXISTING CANAL, A DISTANCE OF 4,470.42 FEET; THENCE NORTH 00°10'36" EAST, ALONG THE APPROXIMATE CENTERLINE OF AN EXISTING CANAL, A DISTANCE OF 1,316.37 FEET; THENCE NORTH 89°42'00" WEST, ALONG THE APPROXIMATE CENTERLINE OF AN EXISTING CANAL, A DISTANCE OF 2,545.53 FEET TO THE POINT OF BEGINNING. CONTAINING 603.12 ACRES, MORE OR LESS. Parcel Identification Numbers: The subject site contains portions of 1107-111- PDS Order 2024-23 Page 2 of 7 0001-000-9 (623.10 acres); 1108-212-0001-000-2 (197.42 acres) and 1107-111- 0002-000-6 (48.56 acres). B. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code (LDC), the proposed Minor Site Plan known as FPL Wood Stork Solar Energy Center, depicted in Exhibit A, is hereby approved as shown on the Site Plan for the project prepared by Culpepper & Terpening, Inc., dated June 29, 2023, revised October 19, 2023, and received by the St. Lucie County Planning & Development Services Department on March 14, 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, per LDC 11.02.09.A. b. A Vegetation Removal Permit or Exemption shall be obtained from the Environmental Resources Department, per LDC 6.00.03. c. Prior to issuance of the Vegetation Removal Permit, 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. Listed species surveys shall be updated as necessary per individual species- specific requirements or written correspondence from the appropriate state and federal agency stating any potential impacts have been resolved shall be submitted. If any listed species impacts are found to be present as a result of these surveys, appropriate mitigative measures per state and federal agency requirements shall be provided. 2. Prior to the issuance of a Certificate of Occupancy, 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 performing site improvement activities. In accordance with the permit and Land Development Regulations, the applicant shall retain the Engineer of Record for site inspections and final certification. PDS Order 2024-23 Page 3 of 7 Building Division 4. Permits are required for the fence, concrete work not involving the arrays, construction trailers that are attached to electrical and or sewer connection, site lighting, etc. 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 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. PDS Order 2024-23 Page 4 of 7 I. This Order shall be recorded in the Public Records of St. Lucie County. This ORDER is effective the /5 day of March, 2024. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA 7 BY do Benjamin Balcer, AICP Director APPROVED AS TO FORM AND CORREC ESS: BY County Attorney PDS Order 2024-23 Page 5 of 7 Exhibit A II I ! II 1 ii® p I s ! pIII® ^' S F C ggg Y Y 3.4i.WO 0 A0..r.i onm.us mwr o nil ¢ Q pp . 1� -" - k 1 — : .I 11 , I 4 V q n p I • , = _` , D II II II 1 . g [ I, - 1 \ t_ u � - I. e CHI i ,3Ii g ie , ---v ' ii ,t , I m r 1 1 \ W m 1y1 e _ ! 4 i 1 4 Il it i I hl 0. ., Eil ..`,'".. ,i .. Jr 1t _______ t I .. .......... . ,,----- Iii iii iii iii , v„. .. , „, „ 1 p, , .„. aq} ,.. , , „ i [t e . Ic p1,111111111114 g 1 , ,lit i ° i 1t!' +t:qi P �`! [ i t ill1111 o' ,i,„ i' di or , ;Ei1,�IL!�,D; I.1, t Ij�ii I I i,,ii 1, t k!1 f E IIiisi pir,� i' 1 _ e ;�4° III!,I �i;i�f41 ( ;I ill, WI s I I i § pB• 1 4 i i i1/ .i ho lt.�' i !al 1 i' 1 lip Iii ; ! I!!!:::,i '%d3' • • , t1 `j; lij_j E►ii11 GGppppp vJ fill Iti:� tI' 1 ;4iS ;t;l: :� I I C111I411E1 ;11s31`11 66tz it 1 t I t :.l ,t I -'I MI �►+�;•I w i I! II �i , i t L.III WIN' k 1 !! 1�11 i I! {; iii Ilitl a x i ! `}i 4 i ;. 1 i:' I a.) Q I: ! e PDS Order 2024-23 Page 6 of 7 Exhibit B St Lucie County Certificate of Cap acity Date 3 Certificate No. 32S3 This doc ument 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 fon 1. Type of development PDS Order2024-23 N urrber of units o N umber of square feet NA 2. Property legal description & Tax ID no. 1107-111.0001-00C 9: 1 03-212-0001.000-2 : 1107-111-0002-000-6 Sections 'and S Township 34S Range 37E FPi. Wand S tor);Solar Ene:7.y Cater NA 3. Aooroval: Buildina NA Resolution No. NA Letter : 1524 4. Subject to the following conditions for concurrency: Owner's name Florida Power and Light C cmpanv Address 70C Universe Blvd.. PSX JB Juno Beach FL 334CS 6. Certificate E xoiration Date 3 :: 202.6 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 orderissued with this certificate, or for subsequent development oar e s s the same property, use and size as described herein. S*ned " 7 Date 3?14'2024 Planning and Development Services Director St Lucie County. Florida Thur.day.March 14.2024 Page 1 of PDS Order 2024-23 Page 7 of 7