HomeMy WebLinkAbout25-022 R.MILLER,CLERK OF THE CIRCUIT COURT
SAINTMICIHELLE LUCIE COUNFIL
TY
ORE# 5460389 03/28/2025 03:3M
OR BOOK 5289 PAGE 2872-28786:17 DPoc Type:ORD
RECORDING: $61,00
PDS ORDER 2025-22
File Number: MNSP-2401-000095
AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES
DIRECTOR OF ST. LUCIE COUNTY, FLORIDA, GRANTING APPROVAL
OF A MINOR SITE PLAN KNOWN AS FPL SPANISH MOSS SOLAR
GENERATION STATION, TO BE LOCATED ON APPROXIMATELY
476.52 ACRES LOCATED NORTH OF FLORIDA'S TURNPIKE AND
WEST OF MINUTE MAID ROAD, IN UNINCORPORATED 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 made by the St. Lucie County 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 Spanish Moss
Solar Generation Station. The project site is located approximately one mile north of
Florida's Turnpike, west of Minute Maid Road, within the AG-5 (Agricultural-5) Zoning
District, and more particularly described in Part B 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 these zoning
districts.
3. The Development Review Committee has reviewed the proposed Minor Site Plan for the
FPL Spanish Moss Solar Generation Station. as prepared by Culpepper & Terpening. Inc.,
dated March 1, 2024 and included as Exhibit B to this Final Development Order (Order);
certified that it is consistent with the Land Development Code (LDC), 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 (Code); subject to the conditions set forth in Part A of this
Order.
4. Planning staff performed an analysis of the project and found it to be consistent with the
LDC and Comprehensive Plan. The analysis can be found in the Planning and Development
Services Department memorandum entitled Florida Power & Light Spanish Moss Solar
Energy Facility Minor Site Plan. dated March 18. 2025.
5. FPL has demonstrated sufficient legal ingress and egress from the proposed project site to
a public street (Orange Avenue), via an adjacent private road. Minute Maid Road, with
access easements recorded in OR Book 39, Page 333; OR Book 39, 339; OR Book 47.
Page 302; OR Book 69, Page 2; OR Book 69, Page 7; and OR Book 94, Page 549, all of
the Public Records of St. Lucie County, Florida. In accord with the provisions of the Section
7.10.28(A)(1)(b)(7), 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 Amended Development Order.
6. The proposed project will not have an undue adverse effect on adjacent property, the
Page 1 Spanish Moss Solar Generation Station Minor Site Plan
PDS No. 2025-22 File No.: MNSP-2401-000095
character of the neighborhood, traffic conditions, parking, utility facilities or other matters
affecting public health, safety, and general welfare.
7. 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 11.02.04 of the St. Lucie County Land Development Code (LDC), the
proposed Minor Site Plan known as FPL Spanish Moss Solar Generation Station, is hereby
approved as shown on the Development Plan prepared by Culpepper & Terpening, Inc.,
with a revised date of March 1, 2024, subject to the following conditions:
1. Planning and Development Services
a. 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.
2. Environmental Resources Department
a. 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.
b. 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.
c. Prior to issuance of a Certificate of Occupancy, Category I listed invasive
plant species shall be eradicated from the site.
3. Public Works Department
a. A Site Development Permit is required prior to performing site improvement
activities.
B. The land area on which the proposed FPL Spanish Moss Solar Generation Station is to be
located is described as follows:
A PORTION OF SECTIONS 18 AND 19, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE
COUNTY, FLORIDA, ALSO BEING BLOCKS 7 AND 8, 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,
Page 2 Spanish Moss Solar Generation Station Minor Site Plan
PDS No. 2025-22 File No.: MNSP-2401-000095
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 SAID SECTION 30; THENCE
CONTINUE. NORTH 00°43'27" EAST. A DISTANCE OF 2,639.84 FEET TO THE SOUTHEAST
CORNER OF SAID SECTION 19; THENCE ALONG THE EAST LINE OF SAID SECTION 19,
NORTH 00°44'47" EAST, A DISTANCE OF 3,279.32 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID EAST LINE, NORTH 88°06'52" WEST. A DISTANCE OF 1.036.23
FEET; THENCE SOUTH 00°44'47" WEST. A DISTANCE OF 609.52 FEET TO A POINT ON THE
NORTH LINE OF LATERAL NO. 3; THENCE ALONG SAID NORTH LINE, NORTH 88°06'52"
WEST, A DISTANCE OF 4.426.97 FEET TO A POINT ON THE WEST LINE OF SAID SECTION
19: THENCE ALONG SAID WEST LINE, NORTH 00°05'32" EAST, A DISTANCE OF 2,604.77
FEET TO THE SOUTHWEST CORNER OF SAID SECTION 18; THENCE ALONG THE WEST
LINE OF SAID SECTION 18, NORTH 01°28'00" EAST, A DISTANCE OF 1,294.27 FEET TO A
POINT; THENCE DEPARTING SAID WEST LINE, SOUTH 88°13'28" EAST. A DISTANCE OF
5,475.13 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 18; THENCE ALONG SAID
EAST LINE, SOUTH 00°41'14" WEST. A DISTANCE OF 1.298.88 FEET TO THE NORTHEAST
CORNER OF SAID SECTION 19; THENCE ALONG THE EAST LINE OF SAID SECTION 19,
SOUTH 00°4'47" WEST, A DISTANCE OF 2,000.64 FEET TO THE PLACE AND POINT OF
BEGINNING.
SAID LANDS CONTAINING 476.52± ACRES. MORE OR LESS
Parcel Identification Number: 1206-501-0003-000-4 (Portion of)
4. The approvals and authorizations granted by this Order shall expire 24 months from the
effective date of this approval, unless a building permit (including site development permits)
is issued, or a site plan extension is granted in accordance with Section 11.02.06 of the St.
Lucie County LDC.
5. 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
B. Issuance of this Administrative Development 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.
6. 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.
7. As the development site described in Part B does not have frontage on any publicly owned
or maintained road or street right way, the applicant for Minor Site Plan approval (developer)
Page 3 Spanish Moss Solar Generation Station Minor Site Plan
PDS No. 2025-22 File No.: MNSP-2401-000095
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.
8. A Certificate of Capacity Exemption, 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.
9. 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, 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.
10. 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.
11. This Order shall be recorded in the Public Records of St. Lucie County.
THIS ORDER is effective on the '/ day of 'MQYGht-, 2025.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
Beni in Balcer, AICP, Director
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
Page 4 Spanish Moss Solar Generation Station Minor Site Plan
PDS No. 2025-22 File No.: MNSP-2401-000095
Exhibit A
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PDS No. 2025-22 File No.: MNSP-2401-000095
Exhibit B
SITE PLAN
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Page 6 Spanish Moss Solar Generation Station Minor Site Plan
PDS No. 2025-22 File No.: MNSP-2401-000095
Exhibit C
CERTIFICATE OF CAPACITY EXEMPTION
St Lucie County
Certificate of Capacity Exemption
Date 2'28/2025 Certificate No. 7143
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 PDS Order 2025-022
Number of units VA Number of square feet NIA
2. Property legal description & Tax ID no.
1206-501-0003-000-4
N. of Turnpike,west of Minute Maid Rd.
Spanish Moss Solar Generation Station N/A
3. Approval: Building N'A Resolution No. N'A Letter N.A
4. As part of the development:
5. On property owned by
FPL
700 Universe Blvd.
Juno Beach FL 34981
is hereby granted a Certificate of Capacity Exemption according to the following Chapter(s)of the St.Lucie County
Land Development Code: ❑ 5.03.02(A) -- 5.03.02(B)1 5.03.02(B)2 5.03.02(B)3 ❑ 5.03.02(B)4
❑ 5.03.02(B)5 d 5.03.02(B)6 ! 5.03.04(A) L 5.03.04(A)2 ❑ 5.03.04(A)3
❑ 5.03.04(B)1 5.03.04(B)2 E 5.03.04(B)3 5.03.04(B)4
6. Certificate Expiration Date 2'27'2027
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 r "ss1ued--ffr the same property, use and size as described herein.
Signed Date: 2/26/2025
PI ing and Development Sery ces Director
St Lucie County, Florida
Page 7 Spanish Moss Solar Generation Station Minor Site Plan
PDS No. 2025-22 File No.: MNSP-2401-000095