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HomeMy WebLinkAbout25-012 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5451362 03/07/2025 12:41:08 PM OR BOOK 5279 PAGE 2063-2071 Doc Type:ORD RECORDING: $78.00 PDS ORDER 2025-012 File Number: MNSP-2407-000125 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY, GRANTING MINOR SITE PLAN APPROVAL FOR A PROJECT KNOWN AS FPL CLOVER SOLAR GENERATION STATION, TO BE LOCATED ON APPROXIMATELY 434.08 ACRES NORTH AND EAST OF THE BELCHER CANAL, ADDRESSED AS 20502 SCHUMANN ROAD, 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 (FPL) and the comments from the Development Review Committee on this application, and has made the following determinations: 1. FPL, represented by Culpepper & Turpening, Inc., requested approval of a Minor Site Plan for the development of a Solar Generation Station to be known as the FPL Clover Solar Generation Station. The site is located north and east of the Belcher Canal, within the AG-5 (Agricultural-5) Zoning District, and is more particularly described in Part B below and depicted in Exhibit Al. 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 that they shall be reviewed as Minor Site Plans when located in any such zoning district. 3. The Development Review Committee has reviewed the Minor Site Plan for the FPL Clover Solar Generation Station, as prepared by Culpepper&Terpening, Inc., dated July 3, 2024 and included as Exhibit B; certified that it is consistent with the Land Development Code, including Section 11.02.00 (Procedure for Review of Site Plans); certified that it is consistent with goals, objectives, and policies of the Comprehensive Plan; and certified that it is consistent with the County's Code of Ordinances; subject to the conditions set forth in Part A of this Order. 4. Planning staff performed a detailed analysis of the project and found it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis can be found in the Planning and Development Services Department memorandum entitled Florida Power & Light Clover Solar Energy Facility Minor Site Plan, dated February 18, 2025. 5. FPL has demonstrated legal ingress and egress from the project site to a public street (Schumann Road), via adjacent FPL land holdings (SLC Parcels 1233-501- 0007-000-6 & 2203-121-0001-000-8) that are not a part of this specific site plan, as depicted in Exhibit A2, Site Access Map. 6. 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. 7. The proposed project will not have an undue adverse effect on adjacent property, Page 1 FPL Clover Solar Generation Station Minor Site Plan PDS No. 2025-012 File No.: MNSP-2407-000125 the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting public health, safety, and general welfare. 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. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the FPL Clover Solar Generation Station Site Plan is hereby approved as shown on the Development Plan prepared by Culpepper & Terpening, Inc., dated July 3, 2024, subject to the following conditions. 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 applicant is advised that an Environmental Resource Permit (ERP) is necessary from the appropriate state and/or federal agencies, consistent with LDC 11.02.09.A.5 and Chapter 6 of the CP Policy 6.1.12.4. 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, listed species surveys shall be updated as necessary per individual species-specific requirements or written correspondence stating any potential impacts have been resolved from the appropriate state and federal agency. 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 prior to initiation of any clearing activities. 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 vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 4. Prior to issuance of a Certificate of Occupancy, Category I listed invasive plant species shall be eradicated from the site. 5. Exterior lighting (exclusive of emergency lighting) shall be downcast and shielded to shield adjacent properties from glare or hazardous interference during the construction and operational phases. 6. A Site Development Permit is required prior to performing site improvement activities. B. The land area on which this Minor Site Plan is granted for the FPL Clover Solar Generation Station is to be located is described as follows: ALL OF TRACTS 1 THROUGH 4, 7 THROUGH 11 AND 14 THROUGH 16, UNITED GROVES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA. ALSO LYING IN SECTIONS 33 AND 34, TOWNSHIP 34 SOUTH, Page 2 FPL Clover Solar Generation Station Minor Site Plan PDS No. 2025-012 File No.: MNSP-2407-000125 RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 20. THENCE SOUTH 00°52'13" WEST, ALONG EAST LINE OF SAID UNITED GROVES, A DISTANCE OF 2716.77 FEET TO THE NORTHEAST CORNER OF SAID TRACT 16 AND THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 00°52'13" WEST. ALONG EAST LINE OF SAID UNITED GROVES, A DISTANCE OF 2083.08' FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-25 CANAL. A VARIABLE WIDTH RIGHT OF WAY AS RECORDED ON THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT CANAL C-25 RIGHT-OF-WAY AND TOPOGRAPHIC MAP, DRAWING NUMBER C-25-4. WITH A DATE OF 11-9-1959; THEN PROCEED THE FOLLOWING 11 COURSES AND DISTANCES ALONG THE SAID NORTH LINE; THENCE NORTH 89°41'27" WEST, A DISTANCE OF 726.88 FEET; THENCE NORTH 00°48'51" EAST, A DISTANCE OF 60.00 FEET; THENCE NORTH 89°41'27" WEST, A DISTANCE OF 634.10 FEET: THENCE SOUTH 87°25'38" WEST. A DISTANCE OF 199.58 FEET: THENCE NORTH 89°27'53" WEST, A DISTANCE OF 1,994.83 FEET; THENCE CONTINUE WESTERLY ALONG SAID LINE, A DISTANCE OF 441.12 FEET; THENCE NORTH 89°37'20" WEST, A DISTANCE OF 508.98 FEET: THENCE SOUTH 00°22'40" WEST. A DISTANCE OF 5.00 FEET: THENCE NORTH 89°35'29" WEST, A DISTANCE OF 157.36 FEET; SOUTH 00°24'20" WEST. A DISTANCE OF 70.00 FEET; THENCE NORTH 89°35'40" WEST, A DISTANCE OF 1.769.06 FEET; THENCE NORTH 00°24'01" EAST, A DISTANCE OF 23.40 FEET TO A POINT OF INTERSECTION OF SAID NORTH LINE: THENCE NORTH 00°24'01" EAST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 46.69 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE NORTH 01°08'43" WEST. ALONG THE WEST LINE OF SAID TRACTS 1. 2. 3 AND 4, A DISTANCE OF 3,244.97 FEET TO THE NORTHWEST CORNER OF SAID TRACT 4: THENCE NORTH 89°55'54" EAST. ALONG THE NORTH LINE OF SAID TRACT 4. A DISTANCE OF 2033.45 FEET TO A POINT IN THE WEST LINE OF SAID TRACT 11; THENCE NORTH 00°28'11" WEST, ALONG SAID WEST LINE, A DISTANCE OF 118.26 FEET TO THE NORTHWEST CORNER OF SAID TRACT 11: THENCE SOUTH 89°48'27" EAST. ALONG THE NORTH LINE OF SAID TRACT 11. A DISTANCE OF 2.352.56 FEET TO THE NORTHEAST CORNER OF SAID TRACT 11; THENCE SOUTH 00°55'33" WEST, ALONG THE EAST LINES OF TRACTS 9, 10 AND 11. A DISTANCE OF 1,364.21 FEET TO THE NORTHWEST CORNER OF SAID TRACT 16; THENCE SOUTH 89°54'30" EAST. ALONG THE NORTH LINE OF SAID TRACT 16, A DISTANCE OF 2,164.22 FEET TO THE POINT OF BEGINNING. CONTAINING 434.08 ACRES, MORE OR LESS. Parcel Identification Numbers: 1233-501-0001-000-4, 1233-501-0007-000-6, 1233- 501-0008-000-0, 1233-501-0009-000-0. 1234-434-0001-000-2 and Portions of 1233-501-0004-000-5 & 1233-501-0021-0000. Address: 20502 Schumann Road. C. The approvals and authorizations granted by this Order shall expire twenty-four (24) Page 3 FPL Clover Solar Generation Station Minor Site Plan PDS No. 2025-012 File No.: MNSP-2407-000125 months from the effective date of this approval, unless a building permit (including a site development 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 approval 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 B 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 A are an integral, non-severable part of the site plan approval granted by this Order. If any condition set forth in Part 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. F. As the development site described in Part A above does not have frontage on any publicly owned or maintained road or street right way, the applicant for Minor Site Plan approval (developer) is advised that pursuant to the provision of section 7.10.28(A)(1)(b)(7) of the St. Lucie County Land Development Code, 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. G. A Certificate of Capacity, a copy of which is attached hereto as Exhibit C, shall be valid for the same period as this Order. If this Order expires or otherwise terminates, the Certificate of Capacity Exemption shall automatically terminate. H. 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 A 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. A recorded copy of this Order shall be attached to the Site Plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Department. Page 4 FPL Clover Solar Generation Station Minor Site Plan PDS No. 2025-012 File No.: MNSP-2407-000125 J. This Order shall be recorded in the Public Records of St. Lucie County. THIS ORDER is effective on the /1 day offi?erValy , 2025. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY FLORIDA BY Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY County Attorney Page 5 FPL Clover Solar Generation Station Minor Site Plan PDS No. 2025-012 File No.: MNSP-2407-000125 Exhibit Al LOCATION MAP - _ -" Clover Solar Energy Center = MNSP-2407-000125 - 4, - f: _ —INDRIO-RD , ' l� fp t. _ to i _ _ O - 0- ' ' -- - FLORIDA S TURNPIKE- _ Subject '` __ - - 1 - _ __ - . 1 1 • •Property ORANGETAVE "g '_ , N __ — i- _ — Os I I -... .. L- .- /I �. cc J w .C.' e ala) a) L : I Cr -a - r I_- - . _ Page 6 FPL Clover Solar Generation Station Minor Site Plan PDS No. 2025-012 File No.: MNSP-2407-000125 Exhibit A2 SITE ACCESS MAP IF'JU�n STREET -OSLO ROAD ',.....\ OND ROAD INTERCHANGE, - N 1 1 I 1 0 2,500 5,000 ,�� `+ • __ FEET LEGEND Q FRL SUNBREAK OWNERSHIP t' UAagi RIVER/7'11RNIE7-�-1 an ACCESS ROAD '-f!/�` - - r 1 CLOVER SOLAR ENERGY CENTER -I / ,' i ❑ O �'4-lit 41111ilpepop:,,,t l i l r.SUNBREAK TRANSMISSION SUBSTATION �,.f - I '- _ I' t ff . ~ 1 / t• 1=A o lihric 1 S 4 , E t .. :fa.. ii �.7 i i .mac. ' I �,� I f-1 . * V I • II ‘.. _ , mot \ , , ......... _ r ,. --, SUNBREAK TRANSMISSION i r—='"/ // SUBSTATION 1 i ci i CLOVER SOLAR I1 i 6 ENERGY CENTER I, Qcimssp Q Q 0 I , .44.....,.... I 2 e-.: ' ; Is- ,� PROJECT. 23-501 FPL CLOVER SOLAR ` t CULPEPPER & SCALE. 1" =6.000' ENERGY CENTER TERPENING INC DATE: 6/25/2024 SITE ACCESS MAP DRAWN BY: IP 1 Sheet 1 of' y. 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Page 8 '4.7;;,,:',:,;".;, FPL Clover Solar Generation Station Minor Site Plan PDS No. 2025-012 23APPRgaBm File No.: MNSP-2407-000125 PROJECT MANAGER Exhibit C CERTIFICATE OF CAPACITY St Lucie County Certificate of Capacity Date 2 11E 2C255 Certificate No. 532- 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 \finor Site Plan Number of units C Number of square feet 2.Property legal description& Tax ID no. 1233-501-0001-000-4. 1233-501-000'-000-6,et al. 20502 SclarmannRoad. C1 oc?r Solar S taticn 3.Approval: Building Resolution No. Letter 4. Subject to the following conditions for concurrency: PDS Order 202:.012 Owner's no rre Florida Power&Lizht Co scam:;Fa Address 700 t;nivers?Bled-?SX JB Juno Beach FL 34931 6.Certificate Expiration Date 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 develop t-end ued with this certificate, or for subsequent developrr errtt o is for e same property. use and size as described herein. Signed Date:2 1S 2025 Planning and Development Services Director St Lucie County.Honda Page 9 FPL Clover Solar Generation Station Minor Site Plan PDS No. 2025-012 File No.: MNSP-2407-000125