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HomeMy WebLinkAbout25-089 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5528859 09/17/2025 05:05:48 PM OR BOOK 5368 PAGE 822-829 Doc Type:ORD RECORDING: $69.50 PDS ORDER 2025-089 FILE NO. MNSP-2410-000138 AN ORDER GRANTING OF THE ST. LUCIE COUNTY PLANNING AND DEVELOPMENT SERVICES DIRECTOR, GRANTING A MINOR ADJUSTMENT (MINOR ADJUSTMENT NO. 1) TO AN APPROVED MINOR SITE PLAN KNOWN AS FPL PELICAN SOLAR ENERGY CENTER, LOCATED AT 6700 SW 122nd AVENUE, IN UNINCORPORATED ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application, submitted by Culpepper & Terpening, Inc., on behalf of the Florida Power & Light Company,for a Minor Adjustment (Minor Adjustment No. 1)to an existing Minor Site Plan known as FP&L Pelican Solar Energy Center (MJSP-3201915498), the comments presented by the St. Lucie County Development Review Committee on this application, and has made the following determinations: 1) On August 13, 2019, the St. Lucie County Board of County Commissioners approved Resolution 2019-158 and Resolution 2019-161, respectively Conditional Use Permit and Major Site Plan (see #2, below) approval of the FPL Pelican Solar Energy Station, on the property shown in Exhibit A and legally described in Part B. 2) On July 19, 2022,the St. Lucie County Board of County Commissioners adopted Ordinance No. 2022-21, providing Solar Energy Stations as a permitted use in various agricultural zoning districts, and providing for their approval as Minor Site Plans. 3) The St. Lucie County Development Review Committee has reviewed the proposed Minor Adjustment to the FPL Pelican Solar Generation Station Major Site Plan and found that it met the technical requirements of the St. Lucie County Land Development Code and is consistent with the St. Lucie County Comprehensive Plan, satisfying the standards of review set forth in Sections 11.02.07 of the St. Lucie County Land Development Code. 4) St. Lucie County Planning and Development Services Staff have performed an analysis of the project and determined it to be consistent with the Minor Adjustment criteria of the St. Lucie County Land Development Code as documented in the memorandum titled," Minor Adjustment to a Minor Site Plan, FPL Pelican Solar Generation Station MNSP-2410- 000138—PDS Order 2025-089,"dated September 4, 2025,on file with the St. Lucie County Planning and Development Services Department. Page 1 PDS No. 2025-089 File No.:MNSP-2410-000138 6) The proposed project amendment, as herein arranged, is expected to continue to not interfere with the development and use of neighboring property, in accordance with applicable regulations governing the construction and operation of a solar power generation facility. 7) All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 8) The project's Conditions of Approval, as described in Part B. of Resolution 2019-158 and Part B. of Resolution 2019-161 remain in full force and effect. 9) The Certificate of Capacity Exemption, an exhibit to Resolution 20019-161 remains in effect. NOW, THEREFORE, BE IT ORDERED BY THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR: A. Pursuant to Sections 11.02.03.C. of the St. Lucie County Land Development Code, the proposed Minor Adjustment (Minor Adjustment No. 1) to the approved Major Site Plan known as FPL Pelican Solar Energy Center (Resolution 2019-161),with the purpose of this adjustment to install two 8-foot by 40-foot CONEX boxes for use as offices, storage, and restrooms by FPL service crews and contractors at this existing solar energy center; as depicted on the site plan drawings prepared by Culpepper & Terpening, Inc. and dated April 24, 2024 (and revised through July 29, 2025, digital timestamp) included as Exhibits B-1 and B-2, for the property described in Part B below, is hereby approved by the St. Lucie County Planning & Development Services Director, subject to the following conditions: 1) 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) All conditions described in Resolution 2019-161 remain in full force and effect until otherwise deemed satisfied by St Lucie County. 3) Prior to commencement of development, as defined in LDC Section 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. An Environmental Resource Permit (ERP) will be provided from the appropriate state and/or federal agencies, consistent with LDC 11.02.09.A.5 and Chapter 6 of the CP Policy 6.1.12.4.; and Page 2 PDS No. 2025-089 File No.:MNSP-2410-000138 b. Listed species surveys shall be updated as necessary per individual species- specific requirements. 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. c. A vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. 4) Within 180 days of issuance of a Vegetation Removal Permit or Exemption, all Category I listed invasive plant species shall be eradicated from the site. 5) A Site Development Permit is required prior to performing site improvement activities. B. The property on which this proposed Minor Adjustment is to be applied is described below: PELICAN SOLAR ENERGY CENTER LEGAL DESCRIPTION (AS FURNISHED BY CHICAGO TITLE INSURANCE AGENCY,INC.COMMITMENT NUMBER 40463) BLOCKS 15, 16, 17, 18, 19 AND 20, AGRICULTURE PLAT OF 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. SAID LANDS BEING A PORTION OF SECTIONS 6 AND 7,TOWNSHIP 34 SOUTH, RANGE 38 EAST,ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 7, TOWNSHIP 34 SOUTH, RANGE 38 EAST;THENCE RUN N00°43'31"E ALONG THE EAST LINE OF SAID SECTION 7(ALSO BEING THE EAST LINES OF BLOCK NUMBERS 13 AND 14 OF SAID PLAT BOOK 13, PAGE 1, A DISTANCE OF 2534.64 FEET TO THE SOUTHEAST CORNER OF BLOCK NUMBER 15 OF SAID PLAT BOOK 13, PAGE 1 AND THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE RUN N87°40'24"W ALONG THE SOUTH LINE OF SAID BLOCK NUMBER 15 A DISTANCE OF 5388.60 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK NUMBER 15, SAID POINT ALSO BEING ON THE WEST LINE OF SAID SECTION 7; THENCE RUN N01°28'47"E ALONG THE WEST LINE OF SAID SECTION 7 (ALSO BEING THE WEST LINES OF SAID BLOCK NUMBER 15 AND BLOCK NUMBER 16 OF SAID PLAT)A DISTANCE OF 2761.39 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7(ALSO BEING THE NORTHWEST CORNER OF SAID BLOCK NUMBER 16;THENCE RUN N00°29'33"E, ALONG THE WEST LINE OF THE AFOREMENTIONED SECTION 6(ALSO BEING THE WEST LINES OF BLOCK NUMBERS 17, 18, 19, AND 20 OF SAID PLAT) A DISTANCE OF 4910.88 FEET TO THE NORTHWEST CORNER OF SAID BLOCK NUMBER 20;THENCE RUN S89°28'48"E ALONG THE NORTH LINE OF SAID BLOCK NUMBER 20,A DISTANCE OF 5371.84 FEET TO THE NORTHEAST CORNER OF SAID BLOCK NUMBER 20 (SAID Page 3 PDS No. 2025-089 File No.:MNSP-2410-000138 POINT ALSO BEING A POINT ON THE EAST LINE OF SAID SECTION 6; THENCE RUN S00°44'40"W ALONG THE EAST LINE OF SAID SECTION 6 (ALSO BEING THE EAST LINES OF BLOCK NUMBERS 20, 19, 18, AND 17) A DISTANCE OF 5097.76 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6 (ALSO BEING SOUTHEAST CORNER OF SAID BLOCK NUMBER 17); THENCE RUN S00°43'31'W ALONG THE EAST LINE OF SAID SECTION 7(ALSO BEING THE EAST LINES OF SAID BLOCK NUMBERS 16 AND 15)A DISTANCE OF 2744.06 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 41,606,944 SQUARE FEET(955.164 ACRES) MORE OR LESS. C. The approvals granted by this Administrative Order shall run with those approval periods of Resolution 2019-161, including any and all extensions granted thereto in accordance with the provisions of Section 11.07.05(F)of the St. Lucie County Land Development Code. D. The developer, including any successors in interest, is advised as part of this Minor Adjustment to a previously approved Minor Site Plan, all applicable development permits and construction authorizations shall be obtained from the appropriate State and Federal and Local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District. and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part B of this Order. Issuance of this Minor Adjustment approval by St. Lucie County does not in any way create any rights on the part of the developer, or their assigns,to obtain a permit from any state or federal agency and does not create any liability on the part of St. Lucie County for issuance of local development permits 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. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal the approval described in Part A above, 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 11.02.04(B), St. Lucie County Land Development Code. 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. F. A copy of this Order shall be placed on file with the St. Lucie County Planning and Development Services Department and mailed to the developer and agent of record as identified on the site plan application. G. This Order shall be recorded in the Public Records of St. Lucie County. Page 4 PDS No.2025-089 File No.:MNSP-2410-000138 ORDER effective the day of 'k''M'►a.41- , 2025. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY: Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: j,jc' County Attorney Page 5 PDS No.2025-089 File No.:MNSP-2410-000138 Exhibit A Site Location ,, - - i G ., — FPL - Pelican Solar Energy Center Aerial —• ----- MNSP-2410-000138 tk j . 1 is r to s 1 — —1 , --1 VI 1' - :fir. "IndianRiver County �17), moilommi mniMINEB im- 1 . 1 lit WIN II= MIN MA MI mg MB , ^ — `Y 1111llJJ INDRIORD 11 .....L • , , . '. ,,,, Mrs. "9 00 •Z Jf , . ... • i7 MI MN Lill I UMW � , ■■ �� n 11r �1 !u111►� -• 0 4,000 8,000 16.000 t ._ski—. Wp vrepvedm:W22/2o21 Page 6 PD5 No.2025-089 File No.:MNSP-2410-000138 Exhibit B-1 Site Plan , e ' `-i ✓i M ! J . • i h 1� ! a t;. , !" ,t.! p I p y ^y c•.� e.c s l/ ; t !; ;ii `' a q. i,,z J' - - 1 / •. ; -a ct .iil , . 1,-. II_ :i 0 L j M ii. "1 . ; 3 X t'! , • � �;� it 1 I'mham-_„_ � j ii II i1 4 1. i 11 il 1.�fiz j9; li '3 .�#71. cis •'A p/ / -- , .� .•+�'.• _,,,,",, �s-tea immlim 0I. � illit 11 :11 i9..: • E e" i I ''I a, .. i ,. . .r .,, ....._,..„._ . . . ! „ , , , 1,,,I - , . , • . rt C n e m 0 iT 1 4 6 r F PI n °z 1 i r r Cip'i I Page 7 PDS No. 2025-089 File No.:MNSP-2410-000138 Exhibit B-2 Site Plan Detail ----.......... ii . ,,-...,..... ........ Pi . -*•-; k.;,;./ Mr; , :01 01; if DI • i 5 . ........ . . , . 1 5 ,. ' . 2 ; i . 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