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HomeMy WebLinkAbout25-036 , PDS ORDER 2025-036 File Number: MNSP-2501-000154 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY, FLORIDA, GRANTING APPROVAL OF MINOR ADJUSTMENT NO. 1 TO THE EXISTING MINOR SITE PLAN KNOWN AS FPL SEAGRAPE SOLAR GENERATION STATION, LOCATED ON 564.64 ACRES APPROXIMATELY ONE HALF MILE NORTH OF FLORIDA'S TURNPIKE, 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 Adjustment to an existing Minor Site Plan submitted on behalf of Florida Power & Light Company (FPL) the comments from the Development Review Committee on this application, and has made the following determinations: 1. The property owner, FPL, represented by Culpepper & Terpening, Inc., requested approval of Minor Adjustment No. 1 to the previously adopted Minor Site Plan known as the FPL Seagrape Solar Generation Station, approved by the Planning and Development Services Director on February 23, 2024 (PDS 2024-014). The site is located approximately one half mile north of the Florida Turnpike, west of Minute 0 Maid Road, and is more particularly described in Part B and depicted in Exhibit A. 0 2. The proposed Minor Adjustment would align the conditions found in the previously approved FPL Seagrape Solar Generation Station Final Development Order (PDS 1- 0ba- 2024-014) with recently amended St. Lucie County Land Development Code (LDC) LL Q o standards that changed requirements for conservation easements and Preserve co o Area Monitoring and Management Plans (PAMMPS) for regulated Category III Lu LO N o wetlands, with the revised standards now only requiring field flagging and graphic w location identification of such wetlands, with wetland surveys not required, on Solar 0 o.o • Generation Station site development plans. Conditions protecting Category III o wetlands are to be addressed through specific site plan approval conditions. 23168 3. The Minor Site Plan for the FPL Seagrape Solar Generation Station, as prepared by i z W m o Culpepper & Terpening, Inc. and with a revised date of August 14, 2023, remains 2 w ir o ur 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 St. Lucie County Comprehensive Plan. The analysis can be found in the Planning and Development Services Department memorandum entitled FPL Seagrape Solar Generation Station Minor Adjustment to a Minor Site Plan, dated March 20, 2025. 5. FPL has demonstrated continued legal ingress and egress from the project site to a public 37 street, said access easements and rights-of-way being recorded at O.R. Book 39, Page 333; O.R. Book 38 39, Page 336; O.R. Book 39, Page 339; and O.R. Book 69, Page 2, of the Public Records of St. Lucie 39 County, Florida. Staff has determined that the project design complies with LDC road accessibility requirements. 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 Page 1 FPL Seagrape Solar Generation Station Minor Adjust. No 1 to Minor Site Plan PDS No. 2025-036 File No.: MNSP-2501-000154 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 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 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 Section 11.02.03 of the St. Lucie County Land Development Code, Minor Adjustment No. 1 to the previously approved FPL Seagrape Solar Generation Station Minor Site Plan is hereby approved with no changes made to the adopted Development Plan prepared by Culpepper&Terpening, Inc. with the revised date of August 14, 2023, but with the following revised conditions to the existing Final Development Order (PDS 2024-023) 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 Seagrape 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 Seagrape 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 the provisions of the LDC. 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 exert ted Conservation Easement over all onsite preserve areas (i.e., wetlands and their associated i pland buffers) along with the approved Preserve Area Monitoring and Management Plan (PAMMP) and an attached affidavit and the County Attorney. The applicant shall also provide a georeferenced GIS shapefile or CAD file of the boundaficc of the conservation easement to St. Lucie County. Unless otherwise specifically approved by St. Lucie County, through Page 2 FPL Seagrape Solar Generation Station Minor Adjust. No 1 to Minor Site Plan PDS No. 2025-036 File No.: MNSP-2501-000154 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 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. Page 3 FPL Seagrape Solar Generation Station Minor Adjust. No 1 to Minor Site Plan PDS No. 2025-036 File No.: MNSP-2501-000154 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 Land Development Code, the applicant shall retain the Engineer of Record (EOR) for site inspections and final certification. 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 Seagrape Solar Generation Station is located and described as follows: A PORTION OF SECTIONS 7, 18 AND 19, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, ALSO BEING BLOCKS 8 THROUGH 14 AND A PORTION OF BLOCK 7, 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, 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; THENCE CONTINUE, NORTH 00° 43' 27" EAST, A DISTANCE OF 2, 639. 84 FEET TO THE SOUTHEAST CORNER OF SECTION 19; THENCE ALONG THE EAST LINE OF SAID SECTION 19, NORTH 00° 44'47" EAST, A DISTANCE OF 5, 279. 95 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF SAID SECTION 18, NORTH 00° 41' 14" EAST, A DISTANCE OF 2, 639. 16 FEET TO THE EAST- WEST 1/ 4 SECTION LINE; THENCE ALONG SAID EAST LINE OF SECTION 18, NORTH 00° 43' 31" EAST, A DISTANCE OF 639. 59 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87° 46' 59" WEST, A DISTANCE OF 5, 449. 01 FEET TO THE WEST LINE OF SAID SECTION 18; THENCE ALONG SAID WEST LINE, NORTH 01° 28' 00" EAST, A DISTANCE OF 1, 996. 14 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE ALONG THE WEST LINE OF SAID SECTION 7, NORTH 01° 20' 57" EAST, A DISTANCE OF 2547. 90 FEET TO THE NORTH LINE OF SAID BLOCK 14; THENCE ALONG SAID NORTH LINE, SOUTH 87° 39' 04" EAST, A DISTANCE OF 5, 394. 40 FEET TO THE EAST LINE OF SAID SECTION 7; THENCE ALONG THE SAID EAST LINE, SOUTH 00° 41' 41"WEST, A DISTANCE OF 2, 536. 21 FEET TO THE NORTHEAST CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF SAID SECTION 18, SOUTH 00° 43' 31" WEST, A DISTANCE OF 1996. 53 FEET TO THE PLACE AND POINT OF BEGINNING. CONTAINING 564.64 ACRES, MORE OR LESS. Parcel Identification Number: portion of 1206-501-0003-000-4. Page 4 FPL Seagrape Solar Generation Station Minor Adjust. No 1 to Minor Site Plan PDS No. 2025-036 File No.: MNSP-2501-000154 C. The approvals and authorizations granted by this Amended Development Order shall expire 24 months after the original effective approval date of March , 2025, 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 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 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 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. 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 thirty (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 Seagrape Solar Generation Station Minor Adjust. No 1 to Minor Site Plan PDS No. 2025-036 File No.: MNSP-2501-000154 THIS ORDER is effective on the day of Ma/ , 2025. PLANNING AND DEVELOPMENT SERVICES APPROVED AS TO FORM ST. LUCIE COUNTY, FLORIDA AND CORRECTNESS: XV/14 Benjamin Balcer, AICP, Director VS, County Attorney Page 6 FPL Seagrape Solar Generation Station Minor Adjust. No 1 to Minor Site Plan PDS No. 2025-036 File No.: MNSP-2501-000154 Exhibit A LOCATION MAP FPL Seagrape Solar Energy Station MNSP-2501-000154 Elatzt Om Subject Property -- - - , �� L ,}. 14,0G _ INDR10 RD ` y` '� 40,11 r it ti tPy z ,HI 1 I PKWY wlir ♦+, rz STATE Okeechobee c42t z — l ORANGE ' I ,, -� r ,. ' r, o ice. r c i N Zti Page 7 FPL Seagrape Solar Generation Station Minor Adjust. No 1 to Minor Site Plan PDS No. 2025-036 File No.: MNSP-2501-000154