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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 LOCATION MAP i - I ( W `\ - I f U _ f. : o Z i;��\ 3 -i V L. 4) _ _ _ -� 1 I 0 la _ , I ,.., _ _ , , 1 .._,F. al C _ _I _A 11 i 0 0 L 1 Ui - I- 0 >' III - - - - -- O E - I� I in III _ t/! can 'CV _ - , _ - - inZ �/ s — rt ; _-I i lt" i _ _ i I 1 - - 1 _ , . ,__ , , r- I -- - I - ` - _ : 4-- - r i Page 5 Spanish Moss Solar Generation Station Minor Site Plan PDS No. 2025-22 File No.: MNSP-2401-000095 Exhibit B SITE PLAN *2 E .• No i ... i - t 1;.!Ni , ." ,I1 -3 '$ V. ! * Y II , !,•f Lt. LI, , i'iiii i Il ii, irg i 8 14 !i, 1 I i'ii int : i it,t W :,i ii Mt i -, z I 14,'11 ii;!.1 •,• , ,•II 11:2' y i p.g:I, i ; :, pit ! 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I . , i • .141 ,7 II I I ; ' i I •,_ 1 'I..i II I r! - :, ;,,,_,_—_,,___,,.....___4 . .... • N..-. ,...t---.7.--4 .a.•• . a. ..--a--- --- -.. .._:,,.. . '''..... ;at" ...1...azar.•...-a---..4—. J 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