HomeMy WebLinkAbout25-026 PDS ORDER 2025-026
File Number: MNSP-2501-000151
AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES
DIRECTOR OF ST. LUCIE COUNTY, FLORIDA, GRANTING
z o-n w 3 APPROVAL OF MINOR ADJUSTMENT NO. 1 TO THE EXISTING
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ogm Z"= MINOR SITE PLAN KNOWN AS FPL BUTTONWOOD SOLAR
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�N o`� OKEECHOBEE COUNTY LINE, IN UNINCORPORATED ST.
LUCIE COUNTY, FLORIDA.
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WHEREAS, the St. Lucie County Planning and Development Services Director has
0 reviewed the application for a Minor Adjustment to an existing Minor Site Plan submitted on
Ci behalf of Florida Power & Light Company (FPL), the comments from the Development
o Review Committee on this application, and has made the following determinations:
0
1. The property owner, FPL, represented by Culpepper & Turpening, Inc., has
requested approval of Minor Adjustment No. 1 to the previously adopted Minor Site
Plan known as the FPL Buttonwood Solar Generation Station, approved by the
Planning and Development Services Director on July 12, 2023(PDS 2023-052). The
site is adjacent to the south side of the Florida Turnpike and the Okeechobee County
line, and is more particularly described in Part B and depicted in Exhibit A.
2. The proposed Minor Adjustment would align the conditions of the previously
approved Development Order with recently amended Land Development Code
(LDC) standards that changed requirements for conservation easements and
Preserve Area Monitoring and Management Plans (PAMMPS) for regulated
Category III wetlands, with these revised standards now only requiring field flagging
and graphic location identification of such wetlands on the Solar Generation Station
site development plans. Restrictive conditions related to the protection of these
Category III wetlands are to be addressed through specific site plan approval
conditions.
3. The Minor Site Plan for the FPL Buttonwood Solar Generation Station, as prepared
by Culpepper& Terpening, Inc. and dated November 23, 2022, remains unchanged
and in effect; subject to the revised conditions set forth in Part A of this Order.
4. St. Lucie County Planning Staff performed an analysis of the proposed Minor
Adjustment 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 Buttonwood Solar Generation Station
Minor Adjustment to a Minor Site Plan. dated February 28, 2025.
5. FPL has demonstrated continued legal ingress and egress from the project site to a
public street(Orange Avenue),through adjacent FPL land holdings to the south, land
that is not part of the project's specific legal description. Staff has determined that
the project design complies with LDC road accessibility requirements. 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 amendments to the Final Development Order for the existing Minor
Site Plan known as FPL Buttonwood Solar Generation Station will not have an undue
adverse effect on adjacent property, the character of the neighborhood, area traffic
conditions, on-site parking needs, area utility facilities or other matters affecting
public health, safety, and general welfare.
7. The proposed amendments to the Final Development Order for the existing Minor
Site Plan known as FPL Buttonwood Solar Generation Station will be 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 LDC Section 11.02.03, Minor Adjustment No. 1 to the previously
approved FPL Buttonwood Solar Generation Station Minor Site Plan is hereby
approved with no changes made to the adopted Development Plan prepared by
Culpepper & Terpening, Inc., and dated November 23. 2022, but with the following
revised conditions to the existing Final Development Order (PDS 2023-052) for this
Project (new language is underlined and deleted language is stricken).
1. Planning and Development Services
a. Prior to generation of electricity from the FPL Buttonwood Solar
Energy Center, FPL shall have obtained from the St. Lucie County
Property Appraiser a unique parcel identification number for the land
area that is the subject of the FPL Buttonwood Site Plan.
b. The land that is the subject of this Site Plan does not have frontage
on a public road or a private road improved to County standards. Any
conveyance by FPL of the land or improvements upon the land to any
other party shall be accompanied by continued proof of legal ingress
and egress to the site, in accord with LDC provisions.
2. Environmental Resources Department
Prior to commencement of development, as defined in LDC Section LDC
2.00.00 and including but not limited to clearing, filling, excavation, grading,
or planting of vegetation, whichever comes first, the developer shall
accomplish the following:
a. The developer shall provide an executed Conservation Easement
over all onsite preserve areas (i.e., wetlands and their ascociated
cashier's check (payable to Clerk of the Court for recording fees) to
the County Attorney. The applicant shall also provide a
geereferenced GIS shapefile or CAD file of the
Unless otherwise specifically approved by St. Lucie County, through
amendment or vacation of this Order, the developer shall preserve in
place all wetlands identified for preservation as depicted on the
Project Site Plan described in Part A of this Order, including their
associated upland buffers, as depicted. Except for the removal of any
Page 2 FPL Buttonwood Solar Generation Station Minor Adjust. No 1 to Minor Site Plan
PDS No. 2025-026 File No.: MNSP-2501-000151
exotic vegetation and replanting with appropriate native vegetation.
vine control, removal of trash and debris or other maintenance and
monitoring activities, the following activities are specifically prohibited
in or on the on-site wetlands identified for preservation in place on the
Project site plan:
1. Construction or placing of buildings, roads, signs, billboards
or other advertising, utilities. or other structures on or above
the ground;
2. Dumping or placing of soil or other substance or material as
landfill, or dumping or placing of trash, waste, or unsightly or
offensive materials;
3. Removal or destruction of trees, shrubs, or other vegetation,
except for the removal of 36 exotic or nuisance vegetation in
accordance with the requirements of this Order.
4. Excavation, dredging, or removal of loam, peat, gravel, soil,
rock, or other material substance in such manner as to affect
the surface;
5. Surface use except for purposes that permit the land or water
area to remain in its natural or enhanced condition; and
6. Activities detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and
wildlife habitat preservation including, but not limited to,
ditching, diking and fencing.
b. The developer shall provide a revised boundary survey which shall
include the limits and elevations of all jurisdictional wetlands(Wetland
1) along with the identification of the agency or agencies claiming
jurisdiction per LDC Section 11.02.09.A.
c. Paragraphs a. and b. above are modified to permit issuance of a
Vegetation Removal Permit for the clearing of citrus trees and other
non-native vegetation on the subject site prior to County receipt of the
executed conservation easement and revised survey. No clearing
pursuant to this paragraph shall encroach within 200 feet of Wetland
1. Prior to commencement of clearing activity, a conspicuous,
suitable protective barrier, as required by LDC Section 6.00.05.C.,
shall be placed 200 feet from Wetland 1 and inspected by ERO prior
to the issuance of the Vegetation Removal Permit or Exemption.
d. The developer shall obtain a vegetation removal permit or exemption
from the Environmental Resources Department.
e. 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.
Page 3 FPL Buttonwood Solar Generation Station Minor Adjust. No 1 to Minor Site Plan
PDS No. 2025-026 File No.: MNSP-2501-000151
b. Access to the site shall be limited to property within ownership of FPL
or legal access easements. Improvements to the easement areas
may be required and will be reviewed at the time of Site Development
Permitting.
B. The land area on which this Minor Site Plan approval is granted for the FPL
Buttonwood Solar Generation Station, is located and described as follows:
ALL OF SECTION 6 AND A PORTION OF SECTION 7, TOWNSHIP 34 SOUTH,
RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 6, THENCE
NORTH 00°00'46" WEST ALONG THE WEST LINE OF SAID SECTION 6, A
DISTANCE OF 5,372.78 FEET TO THE NORTHWEST CORNER OF SAID
SECTION 6; THENCE NORTH 89°57'51" EAST ALONG THE NORTH LINE OF
SAID SECTION 6 (ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF THE
SUNSHINE STATE PARKWAY AS PER FLORIDA STATE TURNPIKE
AUTHORITY SUNSHINE PARKWAY RIGHT-OF-WAY MAP, INDIAN RIVER
COUNTY, PROJECT NO. 2, SECTION 6, CONTRACT NO. 8.1, SHEET 1 OF 2,
DATED 11/17/61), A DISTANCE OF 3,553.33 FEET; THENCE SOUTH 89°39'43"
EAST, A DISTANCE OF 4,447.24 FEET; THENCE SOUTH 01°10'03" WEST, A
DISTANCE OF 440.07 FEET; THENCE NORTH 89°52'09" EAST, A DISTANCE OF
965.28 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID SECTION
6; THENCE SOUTH 03°11'19" EAST ALONG SAID EAST LINE, A DISTANCE OF
4,952.32 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6, THE SAME
BEING THE NORTHEAST CORNER OF SAID SECTION 7; THENCE SOUTH
00°04'17" WEST ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF
766.63 FEET; THENCE SOUTH 89°42'11" EAST, A DISTANCE OF 5,563.45 FEET
TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 7; THENCE
NORTH 00°01'41" WEST, A DISTANCE OF 645.41 FEET TO THE NORTHWEST
CORNER OF SAID SECTION 7, THE SAME BEING THE SOUTHWEST CORNER
OF SAID SECTION 6 AND THE POINT OF BEGINNING.
CONTAINING 521.75 ACRES, MORE OR LESS.
Parcel Identification Numbers: portions of 1106-111-0001-000-6 and 1107-111-
0001-000-9.
C. The approvals and authorizations granted by this Amended Development Order
shall expire 24 months from the original effective approval date, 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.
D. The applicant for Minor Site Plan approval (developer) is advised that as part of this
Amended 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
Page 4 FPL Buttonwood Solar Generation Station Minor Adjust. No 1 to Minor Site Plan
PDS No. 2025-026 File No.: MNSP-2501-000151
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
Amended Administrative Development Order (Amended 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 Amended 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 Amended 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
Amended 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 LDC 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 Final
Development Order.
G. This Amended 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 Amended Order, as described
in Section 11.02.03.B., of the St. Lucie County LDC. Should an appeal to this
Amended 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.
H. A recorded copy of this Amended 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.
This Amended Order shall be recorded in the Public Records of St. Lucie County.
Page 5 FPL Buttonwood Solar Generation Station Minor Adjust. No 1 to Minor Site Plan
PDS No. 2025-026 File No.: MNSP-2501-000151
THIS ORDER is effective on the iday of n ( , 2025.
PLANNING AND DEVELOPMENT SERVICES APPROVED AS TO FORM
ST. LUCIE COUNTY, F RIDA AND CORRECTNESS:
min Balce , AICP, Director County Attorney
Page 6 FPL Buttonwood Solar Generation Station Minor Adjust. No 1 to Minor Site Plan
PDS No. 2025-026 File No.: MNSP-2501-000151
Exhibit A
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Page 7 FPL Buttonwood Solar Generation Station Minor Adjust. No 1 to Minor Site Plan
PDS No. 2025-026 File No.: MNSP-2501-000151