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HomeMy WebLinkAbout25-024 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5460391 03;28/2025 03:36:17 PM OR BOOK 5289 PAGE 2888-2895 DOC Type:ORD RECORDING. $69.50 PDS ORDER 2025-024 File Number: MNSP-2407-000126 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY, FLORIDA, GRANTING APPROVAL OF A MINOR SITE PLAN KNOWN AS FPL WAVELAND SOLAR GENERATION STATION, TO BE LOCATED ON APPROXIMATELY 447.71 ACRES ADJACENT TO THE INDIAN RIVER COUNTY LINE, APPROXIMATELY TWO MILES WEST OF INTERSTATE 95, 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 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 Waveland Solar Generation Station. The site is located adjacent to the Indian River County line, +/-2.2 miles west of Interstate 95, within the AG-5 (Agricultural-5)Zoning District, and is more particularly described in Part B and depicted in Exhibit Al 2. Section 7.10.28.A.1. of the St. Lucie County Land Development Code (LDC) 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 Minor Site Plan for the FPL Waveland Solar Generation Station, as prepared by Culpepper & Terpening, Inc., dated July 3, 2024 and included as Exhibit B to this Final Development Order; certified that it is consistent with the 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; subject to the conditions set forth in Part A of this Final Development Order (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 Waveland Solar Energy Facility Minor Site Plan. dated February 28, 2025. 5. FPL has demonstrated legal ingress and egress from the project site to a public street (Oslo Road in Indian River County), through adjacent FPL land holdings that are not a part of this specific site plan, and as depicted in Exhibit A2, Site Access Map. In accord with the provisions of 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 development order. 6. The proposed project will not have an undue adverse effect on adjacent property, Page 1 Waveland Solar Generation Station Minor Site Plan PDS No. 2025-024 File No.: MNSP-2407-000126 the 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 LDC, the proposed Minor Site Plan known as FPL Waveland Solar Generation Station, is hereby approved as shown on the Development Plan for the project prepared by Culpepper & Terpening. Inc.. dated July 3, 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. The developer shall eradicate all Category I listed invasive plant species from the site within 180 days of issuance of the Vegetation Removal Permit or Exemption. 3. Public Works Department a. A Site Development Permit is required prior to the commencement of site improvement activities. In accordance with the permit and LDC, the applicant shall retain the Engineer of Record (EOR) for site inspections and final certification. B. The land area on which the proposed FPL Waveland Solar Generation Station is to Page 2 Waveland Solar Generation Station Minor Site Plan PDS No. 2025-024 File No: MNSP-2407-000126 be located is described as follows: A PARCEL OF LAND LYING IN A PORTION OF SECTIONS 3 & 4. TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4: THENCE SOUTH 00°34'19" WEST, ALONG THE WEST LINE OF SAID SECTION 4, 130.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE SOUTH 89°32'51" EAST, ALONG A LINE BEING 130 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 4, A DISTANCE OF 5283.17 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 4, BEING ALSO THE WEST LINE OF SAID SECTION 3; THENCE SOUTH 89°31'27" EAST, ALONG A LINE BEING 130 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 3. A DISTANCE OF 1176.94 FEET; THENCE NORTH 00°28'33" EAST. A DISTANCE OF 130.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 3; THENCE SOUTH 89°31'27" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 2754.85 FEET TO THE EAST LINE OF THE WEST 3/4 OF SECTION 3; THENCE ALONG SAID EAST LINE, SOUTH 00°06'20" WEST, A DISTANCE OF 3,008.62 FEET; THENCE NORTH 89°31'27"WEST, A DISTANCE OF 3,986.23 FEET TO A POINT ON THE EAST LINE OF A 40 FOOT EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 415, PAGE 1753: THENCE ALONG SAID EAST LINE NORTH 00°28'33" EAST. A DISTANCE OF 1.411.39 FEET; THENCE NORTH 89°31'27" WEST, A DISTANCE OF 5.250.63 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 4: THENCE ALONG SAID WEST LINE NORTH 00°34'19" EAST, A DISTANCE OF 1,465.01 FEET TO THE PLACE AND POINT OF BEGINNING. CONTAINING 447.71 ACRES. MORE OR LESS. PARCEL IDENTIFICATION NUMBERS: PORTIONS OF 1204-111-0001-000-7 & 1203-121-0001-000-5. C. 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 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 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 Page 3 Waveland Solar Generation Station Minor Site Plan PDS No. 2025-024 File No.: MNSP-2407-000126 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 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 LDC, 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 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. 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, 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 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 Planning and Development Services Department. J. This Order shall be recorded in the Public Records of St. Lucie County. / S4- THIS ORDER is effective on the 4-/ day of J'/l407Gk , 2025. PLANNING AND DEVELOPMENT SERVICES APPROVED AS TO FORM ST. LUCIE COUNTY FLORIDA AND CORRECTNESS: Benjamin Balcer, AICP, Director County Attor y Page 4 Waveland Solar Generation Station Minor Site Plan PDS No. 2025-024 File No.: MNSP-2407-000126 Exhibit Al LOCATION MAP 4: -44 411r gg� _ i. L T _ : _ i i4Adsliili,i 5-:13`a - ` I � h #<0q 1 irt' 1- 4,. - 1 y I_ I �. ,•{ 4 1 , o Q - �..a. 5= l __i1_ II 1 Q .. I ■L L - _ I ,__i. wL 1 ' W 1 _ _ ° I >1 a� lillli monti Li � ' — 1 > >, o a) Z �� "}—v CO cn O > I' 'mi 1, --551- ±' Ht f � z I i Nat. 0 I N I .-- I I - - -- - - _.m 1 I i1 — I I\erWj I _ - I ' T 1 3 Page 5 Waveland Solar Generation Station Minor Site Plan PDS No. 2025-024 File No.: MNSP-2407-000126 Exhibit A2 SITE ACCESS MAP 712___ O o a ROAD s,„...\ 0O o ROAD N I--- + � 10 2,840 sseoFEET . ' Fr M I1r , _. \I. LEGEND • '•'. O FPI SUNBREAK OWNERSHIP " - PliE YYn U,:ffi.Vfw1�ar.1AIUU --- •, - -ACCESS ROAD `_. zfAwL:�LL!b..�'.A�1 Ly:.lLA1.UOYA_ - _ __ lJ WAVELAND SOLAR ENERGY CENTER ���{/�((/p/� Ub L.:.I:..L7lx.W.IUU 4 1. Ire SUNBREAK TRANSMISSION SUBSTATION fr +•!" i -T, °• / o ENERGY CENTER �' r f liil1' � ,.1 1 Sod • !" ''.':!. 1 t , -1, :44 ,, 1 �• �7 1 lry.F- }[�> Imo"` - I „ f_---,'J fi / ' ';'' I i4. �li' ' has ,.4- � 1._________t_-,,..___.__: — fig. SUNBREAK TRANSMISSION i F SUBSTATION 1 I • ....„ - 0 - -= ORANGE.AVE t:::+ , ., PROJECT: 23-503 PL WAVELAND SOLAR 6. ,_ CULPEPPER & SCALE: 1" =6,000 ENERGY CENTER TERPENING INC DATE: 6/25/2024 4. DRAWN BY: IP SITE ACCESS MAP :',FrFI" 11. Page 6 Waveland Solar Generation Station Minor Site Plan PDS No. 2025-024 File No.: MNSP-2407-000126 5111.1i0:::::iti,B :::: PLAN ! g z F' qt ' ta :=1 :iiii:CesT4I13:Er.iiI: I tii01/4;i • if: 1 Irli 111111 [1 , o O z m , w ..., ✓ c. m .1 Cl 7 A m .;:4,....4...._ ., t r ......... . -----,,c - • 'i 19 1., iri;!! 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P. 1.\• • Ili/ !Ph P" 1 1 < ' ; I!!• $51 a .... _ Ft i i\ g lil,•1 11115 41 i E ,:: I: -i, i y•;1° t.1 ,. r ' ' 1,7.4 ' " . - - _ • I' : Viiii. gil”. i'. Ct t'.:4:. t ,.,1.,•:. Page 7 Waveland Solar Generation Station Minor Site Plan PDS No. 2025-024 File No.. MNSP-2407-000126 Exhibit C CERTIFICATE OF CAPACITY EXEMPTION St Lucie County Certificate of Capacity Exemption Date 2128/2025 Certificate No. 7142 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 2025-024 Number of units NIA Number of square feet N'A 2. Property legal description & Tax ID no. N/A 2 miles west of I-95, at Indian River Co. Waveland Solar Generation Station N/A 3. Approval: Building N/A Resolution No. N/A Letter N 4. As part of the development: 5. On property owned by FPL 700 Universe Blvd. Juno Beach FL 33408 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(5)2 ❑ 5.03.02(B)3 ❑ 5.03.02(B)4 ❑ 5.03.02(6)5 ® 5.03.02(B)6 ❑ 5.03.04(A) ❑ 5.03.04(A)2 ❑ 5.03.04(A)3 ❑ 5.03.04(B)1 ❑ 5.03.04(B)2 ❑ 5.03.04(B)3 ❑ 5.03.04(B)4 6. Certificate Expiration Date 2/26/2027 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 rder ise• •r he same property, use and size as described herein. Signed .J `/�� ,,�L Date: 2/26/2025 ning an•'evelopment •ervices Director St Lucie County, Florida Page 8 Waveland Solar Generation Station Minor Site Plan PDS No. 2025-024 File No.: MNSP-2407-000126