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HomeMy WebLinkAbout25-084 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5528860 09/17/2025 05:08:42 PM DR BOOK 5368 PAGE 830-837 Doc Type:ORD RECORDING: $69.50 PDS ORDER 2025-084 FILE NO. MNSP-2504-000162 AN ORDER OF THE ST. LUCIE COUNTY PLANNING AND DEVELOPMENT SERVICES DIRECTOR GRANTING APPROVAL OF MINOR ADJUSTMENT NO. 1 TO AN EXISTING MINOR SITE PLAN KNOWN AS FPL NORTH ORANGE SOLAR ENERGY CENTER, LOCATED ON +/- 745.17 ACRES AT 3551 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 North Orange Solar Generation Station, approved by the Planning and Development Services Director on June 21, 2023 (PDS Order 2023- 039). The site is within the AG-5 (Agricultural-5) zoning district and is located approximately 9.2 miles south of the intersection of State Road 60 & 122nd Avenue, 1, 380 feet west of Minute Maid Road, and north of the Florida Turnpike, as more particularly described in Part B below, and depicted in Exhibit A. 2) The proposed Minor Adjustment provides for a new Battery Energy Storage System (BESS) area and realigns the proposed solar arrays to be erected on this site to account for the area to be occupied by this new BESS addition. The BESS addition provides for sustained power delivery to the FPL distribution grid by providing electrical power to the adjacent distribution grid during non-producing (electrical) hours of the solar generation site, thus maintaining a consistent flow of power into the electrical grid, regardless of time of day. 3) The St. Lucie County Development Review Committee has reviewed the proposed Minor Adjustment to the FPL North Orange Solar Generation Station and found it to meet the technical requirements of the St. Lucie County Land Development Code, to be consistent with the St. Lucie County Comprehensive Plan, and to satisfy the standards of review set forth in Section 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 North Orange Solar Generation Station MNSP-2504-000162—PDS Order 2025-084" dated September 4, 2025, on file with the St. Lucie County Planning and Development Services Department. 5) The proposed project amendment will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 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) FPL has demonstrated sufficient legal ingress and egress from the proposed project site to a public street, said access easements and rights -of-way being recorded at 0. R. Book 171, Page 693 ( Plat Book 13, Page 1) of the Public Records of St. Lucie County, Florida. 8) 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. 9) 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. 10) 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. 11) An amended Certificate of Capacity Exemption has been issued for this development, a copy of which is attached to this order in Exhibit "B", as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT ORDERED BY THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR: A. Pursuant to Section 11.02.00. of the St. Lucie County Land Development Code, the proposed Minor Adjustment (Minor Adjustment No 1) to an existing Minor Site Plan known as FP&L North Orange Solar Energy Center (MNSP-2302-000060), addressing the 2 identification of the new Battery Energy Storage System (BESS) area and a realignment of the proposed solar arrays to be erected on this site to account for the area to be occupied by this new BESS addition; as depicted on the site plan drawing prepared by Culpepper& Terpening, Inc. date stamped received by the Planning Division on April 2, 2025, for the property described in Part "B" below, is hereby approved by the St. Lucie County Planning & Development Services Director, subject to previously approved conditions of PDS Order 2023-039 and 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. 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 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. 3. 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. 4. 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. The property on which this proposed Minor Adjustment is to be applied is described below: A PORTION OF SECTION 19 AND 30, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, ALSO BEING BLOCKS 1 THROUGH 6 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: 3 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID SECTION 30, NORTH 00043'27" EAST, A DISTANCE OF 177.44 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SUNSHINE STATE PARKWAY AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, ON A NON -RADIAL CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 5,529.58 FEET, THENCE NORTHWEST ALONG THE ARC OF SAID CURVE A DISTANCE OF 3,704.08 FEET THROUGH A CENTRAL ANGLE OF 38° 22'50", WITH A CHORD BEARING NORTH 56°06'35" WEST AND A CHORD DISTANCE OF 3,635.22 FEET TO A RADIAL LINE; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, NORTH 36°55'10" WEST,A DISTANCE OF 3,908.45 FEET TO THE WEST LINE OF SAID SECTION 30; THENCE ALONG THE WEST LINE OF SAID SECTION 30, NORTH 00°03'22" EAST, A DISTANCE OF 134.64 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19, NORTH 00005'32" EAST, A DISTANCE OF 2,664.79 FEET THE NORTH LINE OF LATERAL NO. 3; THENCE ALONG SAID NORTH LINE, SOUTH 88006'52" WEST, A DISTANCE OF 4,426.97 FEET; THENCE PARALLEL TO THE EAST LINE OF SAID SECTION 19, NORTH 00044'47" EAST, A DISTANCE OF 609.52 FEET; THENCE PARALLEL TO SAID NORTH LINE OF LATERAL NO. 3, SOUTH 88°06'52" EAST, A DISTANCE OF 1,036.23 FEET TO SAID EAST LINE; THENCE ALONG SAID EAST LINE OF SECTION 19, SOUTH 00°44'47" WEST, A DISTANCE OF 3,279.32 FEET TO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE ALONG THE EAST LINE OF SAID SECTION 30, SOUTH 00°43'27" WEST, A DISTANCE OF 2,639.84 FEET TO THE EAST-WEST 1/4 SECTION LINE OF SAID SECTION 30; THENCE CONTINUE, SOUTH 00°43'27" WEST, A DISTANCE OF 2462.40 FEET TOTHE PLACE AND POINT OF BEGINNING. SAID LAND CONTAINING 745.17 ACRES MORE OR LESS. Parcel Identification Numbers: 1206-501-0003-000-4 (Portion of), 1206-501-0001-000-0, and 1206-501-0002-000-7. C. The approvals granted by this Administrative Order, amending PDS Order 2023-039, shall run with the approval periods described in PDS Order 2023-039, 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 4 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. 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. E. This Amended 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 recorded 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 Amended Order shall be recorded in the Public Records of St. Lucie County. 5 gdefi9‘ THIS ORDER is effective the day of sei D4,, 2025. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY: B in Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: a4en A County Attorney 6 EXHIBIT A SITE LOCATION FPL North Orange Solar Energy Facility , MNSP-2504-000162 20 Indian River County 1‘1I - - AAA' jam` '�j , - ea \__°, - . - INDRIO-RD Y i _ , I 11 1 T --_ Subject -� - - , 1 +. . ; SUNSHINE STATE-PK- , — _II"----_-I-'- ____lH), i_t- .7L__1. i Parcel I -_ ,, skit ORANGE=AVE '" tr -_ _.l - , fLA _ 714 s FJ s J L _- - L--L. 7 EXHIBIT B CERTIFICATE OF CAPACITY EXEMPTION St Lucie County Certificate of Capacity Exemption Date 8/13/2025 Certificate No. 7157 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 2025-084 Number of units Number of square feet 2. Property legal description& Tax ID no. 1206-501-0003-000-4(Portion of), 1206-501-0001-000-0,& 1206-501-0002-000-7. 3551 Minute Maid Rd. North Orange N/A 3. Approval: Building Resolution No. N/A Letter 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(B)2 ❑ 5.03.02(B)3 ❑ 5.03.02(6)4 ❑ 5.03.02(B)5 i' 5.03.02(B)6 ❑ 5.03.04(A) ❑ 5.03.04(A)2 © 5.03.04(A)3 1 1 5.03.04(6)1 11.1 5.03.04(B)2 i 5.03.04(B)3 Ci 5.03.04(B)4 6. Certificate Expiration Date 8i 15/2027 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 order(s) issued for the same property, use and size as described herein. Signed Date: 8/13/2025 Planning and Development Services Director St Lucie County, Florida 8