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HomeMy WebLinkAbout25-013 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5451360 03107/2025 12:35:53 PM OR BOOK 5279 PAGE 2055-2061 Doc Type:ORD RECORDING: $61.00 PDS ORDER 2025-013 File Number: MNSP-2407-000127 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY, GRANTING MINOR SITE APPROVAL FOR A PROJECT KNOWN AS FPL INDRIO SOLAR GENERATION STATION, TO BE LOCATED ON APPROXIMATELY 431.7 ACRES AT THE WESTERN TERMINUS OF INDRIO ROAD, IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan submitted on behalf of Florida Power&Light Company (FPL) and the comments from the Development Review Committee, 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 Indrio Solar Generation Station. The site is located at the current western terminus of a private section of Indrio Road, four miles west of 1-95, within the AG-5 (Agricultural-5) Zoning District, and is more particularly described in Part B below and depicted in Exhibit A. 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 when located in any such zoning district. 3. The Development Review Committee has reviewed the Minor Site Plan for the FPL Indrio 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 Indrio Solar Energy Facility Minor Site Plan, dated February 18, 2025. 5. FPL has demonstrated sufficient legal ingress and egress from the proposed project site to a public street (Oslo Road in Indian River County), via adjacent FPL land holdings 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 properties, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. Page 1 lndrio Solar Generation Station Minor Site Plan PDS No. 2025-013 File No.: MNSP-2407-000127 8. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through tower design, site design, landscaping, and screening. 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 Indrio 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. Prior to commencement of development, the Applicant shall provide an emergency services agreement with Indian River County that ensures emergency vehicle access to the property and recovery of costs for services. 6. 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. 7. 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 Indrio Solar Generation Station is described as follows: A PARCEL OF LAND LYING IN SECTIONS 9, 10, 15 AND 16, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEING ALSO THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE NORTH 89°49'18" Page 2 Indrio Solar Generation Station Minor Site Plan PDS No. 2025-013 File No.: MNSP-2407-000127 WEST, ALONG THE SOUTH LINE OF SAID SECTION 9, A DISTANCE OF 46.38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°26'07" EAST, A DISTANCE OF 1,317.63 FEET; THENCE SOUTH 89°55'10" EAST, A DISTANCE OF 2,209.81 FEET; THENCE NORTH 00°00'00" EAST, A DISTANCE OF 1,192.99 FEET; THENCE SOUTH 89°55'10" EAST, A DISTANCE OF 1,826.11 FEET; THENCE SOUTH 00°10'47"WEST, A DISTANCE OF 2,510.69 FEET TO THE INTERSECTION WITH THE SAID SOUTH LINE OF SECTION 10 AND NORTH LINE OF SAID SECTION 15; THENCE SOUTH 00°31'11" WEST, A DISTANCE OF 2,471.26 FEET; THENCE NORTH 89°54'19" WEST, A DISTANCE OF 4,034.42 FEET; THENCE NORTH 00°26'07" EAST, A DISTANCE OF 2,470.34 FEET TO THE POINT OF BEGINNING. CONTAINING 400.96 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 89°49'18" WEST, ALONG THE SOUTH LINE OF SAID SECTION 9, A DISTANCE OF 4236.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°49'18"WEST. ALONG SAID SOUTH LINE, A DISTANCE OF 1,073.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE NORTH 00°38'29" EAST, ALONG THE WEST LINE OF SAID SECTION 9, A DISTANCE OF 1,247.47 FEET; THENCE SOUTH 89°49'15" EAST, A DISTANCE OF 1,073.59 FEET; THENCE SOUTH 00°38'29"WEST, A DISTANCE OF 1,247.46 FEET TO THE POINT OF BEGINNING. CONTAINING 30.74 ACRES, MORE OR LESS. TOTAL 431.70 ACRES MORE OR LESS Parcel Identification Numbers: 1215-121-0001-000-2 & a portion of 1210-121-0001- 000-7. 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 (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 Page 3 Indrio Solar Generation Station Minor Site Plan PDS No. 2025-013 File No.: MNSP-2407-000127 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 B above does not have frontage on any publicly owned or maintained road or street right way, the applicant 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 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 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. J. This Order shall be recorded in the Public Records of St. Lucie County. THIS ORDER is effective the ittilday of / b(tAl `1, 2025. PLANNING AND DEVELOPMENT SERVICES APPROVED AS TO FORM ST. LUCIE COUNTY, FLORIDA AND CORRECTNESS: amin Balcer, AICP, Director County Att ne Page 4 Indrio Solar Generation Station Minor Site Plan PDS No. 2025-013 File No.: MNSP-2407-000127 Exhibit A LOCATION MAP Indrio Solar Energy Center M N SP-2407-000127 Subject J Indian River County at ProPert \I le ,' I ' I 1 ► , IZ - O - INDRIO-RDV .- , _ I 1 -, - �� C c N - 1 � Tf � - FLORIDA-IS—TURNPIKE idi — w— J- —e I — 1 t' -- , _ - - _ Page 5 Indrio Solar Generation Station Minor Site Plan PDS No. 2025-013 File No.: MNSP-2407-000127 Exhibit B SITE PLAN _ _ -. • I - - _ate _ _ . ........ NI `' � —-..c'T�--:.err _ —_ -v—,- _ ,i �� i1 — r �y M _ _ • f fir j = s -t t 1, ,. - , rr• -t !� 1 s t1s w ,, - — , ij --• F 1: ill li ;i£ fi II rtlirf II, +i t f i Z Icy ils 9) p1. 1 ;1; 1 iig�111. i 1 l�f W Z!A-i. Pi hi 1 i4 S,i 14i II f V_1( Ii1 111p1f 1 1II fl Li ;1- 1 I �1 1 i 1 1 i E _r lit i 11711i. 111 III ; 111�411i,Ii :;1: I!l Ili! i 1 11 1 ,11! !NM; i.is= lit - - � �! 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PDS No. 2025-013 CONO BY Cw,T AC DATE 2n9 5 File No.: MNSP-2407-000127 PROJECT MANAGER Exhibit C CERTIFICATE OF CAPACITY St Lucie County Certificate of Capacity Date 2 :S 2C25 Certificate No. 3323 This document certifies that concurrency will be fret 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.Tvoe of development Mina Site Plan Number of units C Number of square feet 2.Property legal description& Tax ID no. 1215-121-0001-000-2& 1210-121LCC1-00C= t a<lndrio Roads Western Terminus F?L lndrio Solar Generation S tation 3.Approval: Buildinc7 Resolution No. PDS 2025-0 Letter 4. Subject to the following conditions for concurrency: PDS Order 2C2=-C13. Solar Facility Develop^. at and\laintanaze Owner's name Florida Power&LiehtCcmpan_. Address 70C Uni:• r e BM.,PS X JB J so Beach FL 334CS 6.Certificate Expiration Date 2 :S 2C25 This Certificate of Capacity is transferable only to subsequent owners of the same parcel,and is subject to the same terms,concktions 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 developmepierde s same property.use and size as described herein. Signed ( Date: =13 2025 Planning and Development Services Director St Lucie County,Florida Page 7 lndrio Solar Generation Station Minor Site Plan PDS No. 2025-013 File No.: MNSP-2407-000127