Loading...
HomeMy WebLinkAbout25-105 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY • FILE# 5573106 01/16/2026 03:30:24 PM OR BOOK 5420 PAGE 1181-1189 Doc Type:ORD RECORDING: $78.00 PDS ORDER 2025-105 FILE NO. MNSP-2506-000166 AN ORDER OF THE ST. LUCIE COUNTY PLANNING AND DEVELOPMENT SERVICES DIRECTOR GRANTING APPROVAL OF THE FIRST MAJOR ADJUSTMENT TO THE EXISTING MINOR SITE PLAN KNOWN AS FPL CLOVER SOLAR GENERATION STATION, TO PROVIDE FOR THE ADDITION OF A 85-ACRE BATTERY ENERGY STORAGE AREA TO BE LOCATED ADJACENT TO AN APPROVED SOLAR GENERATION STATION SITE, COLLECTIVELY EXPANDED TO APPROXIMATELY 518.82 ACRES, LOCATED NORTH AND EAST OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-25 CANAL, SOUTH OF FLORIDA'S TURNPIKE, WITH ACCESS VIA SCHUMANN ROAD, IN UNINCORPORATED ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application submitted by property owner FPL for a Major Adjustment to an approved Minor Site Plan, referred to as FPL Clover Solar Generation Station,and after reviewing the comments from the St. Lucie County Development Review Committee on this application, has made the following determinations. 1) The property owner, FPL, represented by Culpepper & Terpening, Inc., requested approval of Major Adjustment No. 1 to the previously approved Minor Site Plan known as the FPL Clover Solar Generation Station, said Minor Site Plan(MNSP-2407-000125) being approved by the Planning and Development Services Director on February 19, 2025 via PDS 2025-012). 2) The expanded FPL Clover Solar Generation Station site is located in the AG-5 (Agricultural-5) Zoning District, approximately 3,250 ft. north of Schumann Road and south of the Turnpike, with access via Schumann Road, in unincorporated St. Lucie County, Florida, and is more particularly described in Part B and Exhibit A. 3) The proposed Major Adjustment to an existing Minor Site Plan provides for the addition of an 85-acre Battery Energy Storage System (BESS) area adjacent to the existing solar generation station as depicted on the site plan drawing, included as Exhibit B and prepared by Culpepper& Terpening, Inc. dated October 10, 2025, for the property described in Part B. The batteries will accept electricity from solar facilities and feed power into the FPL distribution grid during electrical non-producing hours of PDS Order 2025-105 January 8,2026 MNSP-2506-000166 Page 1 the solar generation station,thus maintaining a consistent flow of power regardless of time of day. 4) The Development Review Committee has reviewed the proposed Major Adjustment to the FPL Clover Solar Generation Station Minor Site Plan and found that it meets 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 Land Development Code. 5) Planning and Development Services Staff have performed an analysis of the project and determined it to be consistent with the Major Adjustment criteria of the Land Development Code as documented in the memorandum titled "FPL Clover Solar Generation Station Major Adjustment (MNSP-2506-000166 / PDS Order 2025-105) to Approved Minor Site Plan (MNSP-2407-000125/PDS Order 2025-012)," dated January 8, 2026,on file with the Planning and Development Services Department. 6) The proposed amendment to the FPL Clover Solar Generation Station Minor Site Plan will not have undue adverse effects on nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 7) All reasonable steps have been taken to minimize any adverse effect of the proposed amendment to the FPL Clover Solar Generation Station on the immediate vicinity through site design measures. 8) 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. 9) FPL has demonstrated legal ingress and egress from the project site to a public street (Schumann Road), via adjacent FPL land holdings (SLC Parcels 1233-501-0007-000-6 & 2203-121-0001-000-8). 10) An amended Certificate of Capacity Exemption has been issued for this development, a copy of which is attached to this order in Exhibit C, as required under Chapter V, Land Development Code. NOW, THEREFORE, BE IT ORDERED BY THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR: A. Pursuant to Section 11.02.00. of the Land Development Code, the proposed Major Adjustment (Major Adjustment No. I, MNSP-2506-000166/PDS Order 2025-105) to an PDS Order 2025-10S January 8, 2026 MNSP-2506-000166 Page 2 existing Minor Site Plan known as FPL Clover Solar Generation Station, incorporating additional land and designating a new Battery Energy Storage System area in the western portion of the station site, as depicted on the site plan drawing prepared by Culpepper & Terpening, Inc. with a revised date of October 10, 2025, for the property described in Part B and shown in Exhibit A, is hereby approved by the Planning & Development Services Director, subject to previously approved conditions of PDS Order 2025-012 along with the following conditions: Planning and Development Services 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. As part of any future property line adjustments to/for the Sunbreak/Clover area (generally described as being all that part of the FPL Sunbreak site lying south of the Florida Turnpike, north and east of the C-25 Canal, and west of the future SFWMD C-25 STA area), verification of all perimeter SFWMD ROW descriptions establishing the south and west line of this development area shall be provided. This information is to be provided as part of the updated property line adjustment requirement described in Condition 3 of this Development Order. 3. The petitioner is advised, that within 12 months following the granting of Minor Site Plan approval for the proposed Harbortown Solar Energy Center, (the last remaining utility related development opportunity in the Sunbreak/Clover area), a formal property line adjustment filing shall be made to St. Lucie County, reflecting the revised development parcel boundaries in this area. Environmental Resources Department 4. 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, the following shall be required: a. A 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. An amended Environmental Resource Permit (ERP) shall 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 c. A vegetation removal permit or exemption shall be issued by the Environmental Resources Department per LDC 6.00.03. d. A tree mitigation plan shall be provided that addresses the removal or relocation of cabbage palms within the BESS Battery, Future Cell No 4 or 5 sites shall be submitted in accordance with LDC 6.00.05.D. PDS Order 2025-105 January 8,2026 MNSP-2506-000166 Page 3 5. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site. Public Works Department 6. An amended 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 amended Minor Site Plan is approved is described below(note this legal description supersedes and replaces the description found in PDS Order 2025-012): ALL OF TRACTS 1 THROUGH 4, 7 THROUGH 11 AND 14 THROUGH 16, UNITED GROVES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA, AND A PORTION OF SECTION 33, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ALL LYING IN SECTIONS 33 AND 34,TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 20,THENCE SOUTH 00°52'13" WEST, ALONG EAST LINE OF SAID UNITED GROVES, A DISTANCE OF 2716.77 FEET TO THE NORTHEAST CORNER OF SAID TRACT 16 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°52'13" WEST, ALONG EAST LINE OF SAID UNITED GROVES, A DISTANCE OF 2083.08' FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT C-25 CANAL, A VARIABLE WIDTH RIGHT OF WAY AS RECORDED ON THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT CANAL C-25 RIGHT-OF-WAY AND TOPOGRAPHIC MAP, DRAWING NUMBER C-25-4, WITH A DATE OF 11-9-1959; THEN PROCEED THE FOLLOWING 11 COURSES AND DISTANCES ALONG THE SAID NORTH LINE; THENCE NORTH 89°41'27" WEST, A DISTANCE OF 726.88 FEET; THENCE NORTH 00°48'51" EAST, A DISTANCE OF 60.00 FEET; THENCE NORTH 89°41'27" WEST, A DISTANCE OF 634.10 FEET; THENCE SOUTH 87°25'38"WEST,A DISTANCE OF 199.58 FEET;THENCE NORTH 89°27'53"WEST, A DISTANCE OF 1,994.83 FEET; THENCE CONTINUE WESTERLY ALONG SAID LINE, A DISTANCE OF 441.12 FEET; THENCE NORTH 89°37'20" WEST, A DISTANCE OF 508.98 FEET; THENCE SOUTH 00°22'40" WEST, A DISTANCE OF 5.00 FEET; THENCE NORTH 89°35'29" WEST, A DISTANCE OF 157.36 FEET; SOUTH 00°24'20" WEST, A DISTANCE OF 70.00 FEET; THENCE NORTH 89°35'40" WEST, A DISTANCE OF 1,769.06 FEET; THENCE NORTH 00°24'01" EAST, A DISTANCE OF 23.40 FEET TO A POINT OF INTERSECTION OF SAID NORTH LINE; THENCE NORTH 00°24'01" EAST, DEPARTING SAID NORTH RIGHT- OF-WAY LINE,A DISTANCE OF 46.69 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE NORTH 01°08'43" WEST, ALONG THE WEST LINE OF SAID TRACT 1, A DISTANCE OF 104.94 FEET; THENCE DEPARTING SAID WEST LINE, NORTH 89°35'40" PDS Order 2025-105 January 8,2026 MNSP-2506-000166 Page 4 WEST, A DISTANCE OF 39.52 FEET; THENCE SOUTH 68°11'55" WEST, A DISTANCE OF 137.15 FEET; THENCE NORTH 89°40'31" WEST, A DISTANCE OF 1,790.08 FEET; THENCE NORTH 03°01'06" EAST,A DISTANCE OF 650.69 FEET; THENCE NORTH 01°28'54"WEST, A DISTANCE OF 1,282.99 FEET; THENCE SOUTH 89°11'07" EAST, A DISTANCE OF 1,918.73 FEET TO A POINT ON THE WEST LINE OF SAID TRACT 3; THENCE ALONG SAID WEST LINE, NORTH 1275.10 FEET TO THE NORTHWEST CORNER OF SAID TRACT 4; THENCE NORTH 89°55'54" EAST, ALONG THE NORTH LINE OF SAID TRACT 4, A DISTANCE OF 2033.45 FEET TO A POINT IN THE WEST LINE OF SAID TRACT 11; THENCE NORTH 00°28'11" WEST, ALONG SAID WEST LINE, A DISTANCE OF 118.26 FEET TO THE NORTHWEST CORNER OF SAID TRACT 11;THENCE SOUTH 89°48'27" EAST, ALONG THE NORTH LINE OF SAID TRACT 11, A DISTANCE OF 2,352.56 FEET TO THE NORTHEAST CORNER OF SAID TRACT 11; THENCE SOUTH 00°55'33" WEST, ALONG THE EAST LINES OF TRACTS 9, 10 AND 11, A DISTANCE OF 1,364.21 FEET TO THE NORTHWEST CORNER OF SAID TRACT 16; THENCE SOUTH 89°54'30" EAST, ALONG THE NORTH LINE OF SAID TRACT 16, A DISTANCE OF 2,164.22 FEET TO THE POINT OF BEGINNING. CONTAINING 518.82 ACRES, MORE OR LESS. Parcel Identification Numbers: 1233-501-0001-000-4, 1233-501-0007-000-6, 1233- 501-0008-000-0, 1233-501-0009-000-0, 1234-434-0001-000-2 and Portions of 1233- 501-0004-000-5 & 1233-501-0021-0000. Address: TBD with Access via Schumann Road. C. The approvals granted by this Administrative Order shall run with the approval periods described in PDS Order 2025-012, including any and all extensions granted thereto in accordance with the provisions of Section 11.07.05(F) of the Land Development Code. D. The applicant(developer), including any successors in interest, is advised as part of this Major 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 subject property. Issuance of this Major Adjustment approval by St. Lucie County does not in any way create any rights on the part of the developer 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. PDS Order 2025-105 January 8,2026 MNSP-2506-000166 Page 5 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. 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 Site Plan approval (developer) is advised that pursuant to the provision of Section 7.10.28(A)(1)(b)(7) of the 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 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), 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. H. A recorded copy of this Order shall be placed on file with the Planning and Development Services Department and mailed to the developer and agent of record as identified on the site plan application. This Amended Order shall be recorded in the Public Records of St. Lucie County. THIS ORDER is effective the 9`h day of January, 2026. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA eor, ar 1c r Pla *rig and Development Services Dir. APPROVED AS TO FORM AND CORRECTNESS: County Attorney PDS Order 2025-105 January 8, 2026 MNSP-2506-000166 Page 6 Exhibit A Location Map Indian River County A \ V,Q , .¢ o . IFo StiAA,, ti Z >1Nb;# yj 9j; alp can _ , N . `, ` .� [A Z 'n W - i. Ste: - S__ 0 0 ` 0)) 4 INDRIO-RD hI ��c.�- Subject =_ r,,_M --Y• - - - _ =Angle-Rd i - Properties • , _ y� _ 1 i ORANGETAVE 1 -i '1 .1 _ [±1.. :11 , .$.0, I __ .. i ..-a _L ' ' _ _5 - -_I" , _i I r- Picas Rd N4 01 • Ffl o= —_-a ----- u 1 c =L r. _ Yj =, — i , a i. _ ra H .OB*.e Rp ,. --ssue� ; co w ^,- . PDS Order 2025-105 January 8, 2026 MNSP-2506-000166 Page 7 Exhibit B Site Plan 4 'iali/i '$ — _�.u,t. — �. .,: am. I iiill �5 Fly- :j: •r !! i. F III 1 Iii 12111 ! ! 1.:. Il i 4._ 2,00 t l t1 - -: Sys • Ir Doo I. i ! ' 05,_ i„har 1,.... ii 1 lif. ill . r. .......... 11 , - . I iQ��Psi I _ ,_ kitn I ' — 1 a 1 ip I Fi t "�.. i s ! E �i -- t 1r _-I I ii .r r h' d ff m. rt . --- - y - J i.i _.l!s. C .� r r I1 MG.= _t �fd � r 11 if. !t;r: ' 41A ■ hvi:nwin.•--- I.- - -4 a_ .:w-..__.;iI - _-I.I .} it dCi! 1 — ;ti '� s '- fir * ;; i II ii is i4=� , V I _ia 1i 18E- F--if----_::-L-_. 1 3 1� 1— _ s e ,, 1 1 1 1,- El. t it 1; ,: 4', t iil P ,�i o r — 7 1 `1. 6 t t E1 h I' 1l'1' !III It „lK 3 l Ig; sso Ij I t. • {- _ 1' eYi If 1 a + i'i,: 1- { 15 7111 . .ri!,ii 11 � �17 �I t _ ..-4. �Iv.;�t g,,, 01 g, , ; /I ✓ a y!1 ! ok• I -s I ';;It . 1..hs.` i..:} . / I !!�'a a :, Qs v� a»a uilewnvA rrratrdu•N/1 . c 2' - PDS Order 2025-105 January 8,2026 MNSP-2506-000166 Page 8 Exhibit C Certificate of Capacity Exemption St Lucie County Certificate of Capacity Exemption Date 1/8/2026 Certificate No. 7159 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 2025-105 Number of units Number of square feet 27.96 2. Property legal description & Tax ID no. 1233-501-0001-000-4, 1233-501-0007-000-6, 1233-501-0008-000-0, 1233-501-0009-000-0, 1234-434-0 20502 Schumann Rd. Clover Solar Generation Station BESS Additio 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: Cl 5.03.02(A) ❑ 5.03.02(B)1 ❑ 5.03.02(B)2 I 5.03.02(6)3 Li 5.03.02(6)4 LI 5.03.02(B)5 ® 5.03.02(6)6 ❑ 5.03.04(A) L_ 5.03.04(A)2 ❑ 5.03.04(A)3 ❑ 5.03.04(B)1 l 5.03.04(6)2 ❑ 5.03.04(B)3 5.03.04(B)4 6. Certificate Expiration Date 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 or er(s -sued for the same property, use and size as described herein. Signed K°rc R___ _ Date: 1/8/2026 P Wing and Development Services Director St Lucie County, Florida PDS Order 2025-105 January 8,2026 MNSP-2506-000166 Page 9