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HomeMy WebLinkAbout26-019 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5654316 08/06/2026 04:26:33 PM OR BOOK 5514 PAGE 1672-1679 Doc Type:ORD RECORDING: $69.50 PDS ORDER 2026-019 FILE NO. MNSP-2601-000189 AN ORDER OF THE ST. LUCIE COUNTY PLANNING AND DEVELOPMENT SERVICES DIRECTOR GRANTING APPROVAL OF THE FIRST MAJOR ADJUSTMENT TO THE MINOR SITE PLAN KNOWN AS FPL INDRIO SOLAR GENERATION STATION, TO PROVIDE FOR THE ADDITION OF A 26.77-ACRE BATTERY ENERGY STORAGE YARD TO BE LOCATED WITHIN AN EXISTING SOLAR GENERATION STATION SITE OF 458.47 ACRES, LOCATED AT THE WESTERN TERMINUS OF INDRIO 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 lndrio 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 Indrio Solar Generation Station, said Minor Site Plan being approved by the Planning and Development Services Director on February 19, 2025 (MNSP-2407- 000127/PDS Order 2025-013). 2) The FPL lndrio Solar Generation Station site is located in the AG-5 (Agricultural-5) Zoning District along the private extension of Indrio Road, +/- 4 miles west of 1-95, in unincorporated St. Lucie County, Florida, 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 a 26.77-acre Battery Energy Storage System (BESS) yard 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 July 20, 2026, for the property described in Part B. The batteries will feed power into the FPL distribution grid during electrical non-producing hours of 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 Indrio Solar Generation Station Minor Site Plan and found that it meets the technical requirements of the St. Lucie County Land Development Code, to be PDS Order 2026-019 MNSP-2601-000189 Page 1 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 Indrio Solar Generation Station Major Adjustment(MNSP-2601-000189/PDS Order 2026-019)to Approved Minor Site Plan (MNSP-2407-000127/PDS Order 2025-13)," dated July 29, 2026,on file with the Planning and Development Services Department. 6) The proposed amendment to the FPL Indrio 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 Indrio 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 private road that runs to the north and intersects with Oslo Road in Indian River County. 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-2506-000189/PDS Order 2026-019) to an existing Minor Site Plan known as FPL Indrio Solar Generation Station, 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 July 20, 2026, 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 2025-013. PDS Order 2026-019 MNSP-2601-000189 Page 2 B. The property on which this proposed amended Minor Site Plan is to be applied is described below: Legal Description A PARCEL OF LAND LYING IN SECTIONS 9, 10, 15 AND 16, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEING ALSO THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE NORTH 89°49'18" WEST, ALONG THE SOUTH LINE OF SAID SECTION 9, A DISTANCE OF 46.38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°26'07" EAST, A DISTANCE OF 1,317.63 FEET; THENCE SOUTH 89°55'10"EAST,A DISTANCE OF 2,209.81 FEET; THENCE NORTH 00°00'00"EAST, A DISTANCE OF 1,192.99 FEET; THENCE SOUTH 89°55'10" EAST, A DISTANCE OF 1,826.11 FEET; THENCE SOUTH 00°10'47" WEST, A DISTANCE OF 2,510.69 FEET TO THE INTERSECTION WITH THE SAID SOUTH LINE OF SECTION 10 AND NORTH LINE OF SAID SECTION 15; THENCE SOUTH 00°31'11" WEST, A DISTANCE OF 2,471.26 FEET; THENCE NORTH 89°54'19" WEST, A DISTANCE OF 4,034.42 FEET; THENCE NORTH 00°26'07" EAST, A DISTANCE OF 2,470.34 FEET TO THE POINT OF BEGINNING. CONTAINING 400.96 ACRES, MORE OR LESS. TOGETHER WITH A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 89°49'18" WEST,ALONG THE SOUTH LINE OF SAID SECTION 9,A DISTANCE OF 3,295.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°49'18" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 2,015.32 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE NORTH 00°38'29" EAST, ALONG THE WEST LINE OF SAID SECTION 9,A DISTANCE OF 1,247.47 FEET; THENCE SOUTH 89°49'15"EAST,A DISTANCE OF 2,001.35 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 1,247.44 FEET TO THE POINT OF BEGINNING. CONTAINING 57.51 ACRES, MORE OR LESS. TOTAL 458.47 ACRES MORE OR LESS C. The approvals granted by this Administrative Order shall run with the approval periods described in PDS Order 2025-013, including any and all extensions granted thereto in accordance with the provisions of Section 11.07.05(F) of the Land Development Code. PDS Order 2026-019 MNSP-2601-000189 Page 3 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. 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 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 ORDER is effective on the "day of loly , 2026. PDS Order 2026-019 MNSP-2601-000189 Page 4 PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA jamin Balcer, AICP, Director APPROVED AS TO FORM AND CORRECTNESS: County Attorney PDS Order 2026-019 MNSP-2601-000189 Page 5 Exhibit A Location Map Indian River County „ 2 _ > e/ tis+ 1 1 r a' —. c ,4u, tt 401 �' Y ti J,>, __ . , I j W� ,z , . 1 , ri,_ 9 I ,;, -INDRIO-RD r I I I J 4 7 - Subject h Sites �- F i:----Lrl ; , z � < < - L —Angle Rde�Y T i 1 ORANGE-AVE ' I � ' i �1I 1 — i �( I �� 1 i 1 Picos Rd 1 tot r N c— _ 'a I F,ORTT u_ U PIERCE t _ s _ IL PDS Order 2026-019 MNSP-2601-000189 Page 6 z o -0o IV d CT1 N O N ,....:w...a...1,....,r...,.,,,.u. rcaoo 1 1 ..7-Y..... 0 NJ :. MGYatiS� ,--�.. I ..i LOCATION MAP ,.,....., y•_••••• yfy III .,.,� _ _ S iTr jr __ � ii -a. Y' V aim ,-) i - .- I giolliiul imitillOmiliq! 1 , , ,.,f x r. j MEr1111r11Y MOON/t 4tl tlr.Ri RYIM\eft!�1WNI.�IIfM ^.'r•...� .-..w.x i.. x � � ���� i"•e•., a 1,1����I '��6� f%I� ���IliI� V .. f YJ «J + 3 G7 it g %S'g � uF ff, a Z � i .,. ...,,.., «tee,...,...,«_...... 9 . , —7 .....— rM. ... .. k:�`=:a.,,N,-v,,,,'17x' w. -v .x.TMyyrrF... r.._ =rt 4 4 s �- —r ♦ `I. "u„_„,..®wz..:..ve.",tzmas_.°-.25. vva-.c..ma.:..s..®�nv,4.c,n..0 •• "•" _I \nr.0.wr•ra r�3 ' -�:°,"- CULPEPPER& -REO $10$I I, u' FPL LNIIRJO SOLAR ENERGY CENTER FPL INDRIO SOLAR ENERGY CENTER BESS TERPENING INC •^°°�^^-^•'-�--•-�-• nano BESS SITE PLANCO Y.�.•',,, SITE PLAN MINOR ADJUSTMENT NO I �" " ••eo-:ue.00a 017 •— • LGVELOPMLN7 PLAN :of LB V Exhibit C Site Plan St Lucie County Certificate of Capacity Exemption Date 3/24/2026 Certificate No. 7165 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 2026-019 Number of units 0 Number of square feet 0 2. Property legal description & Tax ID no. 1215-121-0001-000-2&a portion of 1210-121-0001-000-7 Indrio Rd., +/-4 miles west of I-95 FPL Indrio Solar Gen. Station Minor Site Plan N/A 3. Approval: Building Resolution No. N/A Letter 3/24/26 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(B)4 ❑ 5.03.02(B)5 5.03.02(B)6 ❑ 5.03.04(A) ❑ 5.03.04(A)2 ❑ 5.03.04(A)3 ❑ 5.03.04(B)1 5.03.04(B)2 ❑ 5.03.04(B)3 ❑ 5.03.04(B)4 6. Certificate Expiration Date 3/24/2028 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 i sue r the same property, use and size as described herein. Signed Date: 3/24/2026 ing and Development Services Director St Lucie County, Florida PDS Order 2026-019 MNSP-2601-000189 Page 8