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HomeMy WebLinkAboutAgenda Packet 02.18.2021PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY Regular Meeting Thursday, February 18, 2021 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL  34982 BOARD MEMBERS CHAIRMAN JAMES TAYLOR VICE‐CHAIRMAN ROBERT LOWE BOARD MEMBER CRAIG MUNDT BOARD MEMBER  VALERIE SLACK BOARD MEMBER CRAIG BRIDGERS BOARD MEMBER ED LOUNDS AT‐LARGE BOARD MEMBER LAWRENCE “BEAU” SLAY BOARD MEMBER WILLIAM O’DELL AT‐LARGE BOARD MEMBER RYAN BINNER EX‐OFFICIO BOARD MEMBER MARTY SANDERS Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community,  maintain a high quality of life, and protect the natural environment for all our citizens Page 1 of 213 Regular Meeting                                             Thursday, February 18, 2021                                                 6:00 PM 2 | Page WELCOME Please turn off all cellular phones and pagers prior to entering the Commission Chambers. Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory capacity to the St. Lucie County  Board of County Commissioners and has the power to review and make recommendations to the Board, for approval or  disapproval, on any applications within their area of responsibility. The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. Please limit comments  to three minutes if possible and be respectful of others’ opinions. For public convenience, all meetings are televised and are provided with wireless internet access. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the  Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of  the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn  in. Any party to the proceedings will be granted the opportunity to cross‐examine any individual testifying during a hearing upon  request. Anyone with a disability requiring accommodation to attend this meeting should contact the Human Resources  Department at (772) 462‐1546, HumanResources@stlucieco.org or TDD (772) 462‐1428 at least forty‐eight (48) hours prior to the  meeting. Page 2 of 213 Regular Meeting                                             Thursday, February 18, 2021                                                 6:00 PM 3 | Page 1.CALL TO ORDER    2.PLEDGE OF ALLEGIANCE    3.INVOCATION    4.ROLL CALL    5.ANNOUNCEMENTS    6.DISCLOSURE(S)    7.MINUTES     A.St. Lucie County Planning & Zoning Commission minutes for the meeting of January 21, 2021.     8.PUBLIC COMMENT    9.PUBLIC HEARINGS      A.Happy Foods Agricultural Labor Housing  ‐ Conditional Use Petition to allow four (4) dwelling  units for Agricultural Labor Housing on a 706.63 acre parcel within the AG‐5 (Agriculture ‐  1du/5ac) Zoning District, and located at 29800 Orange Avenue, Fort Pierce, FL 34945.       B.FPL Sundew Solar Energy Center ‐ Conditional Use Permit to construct and operate a 74.5 Mega‐ Watt (MW) Photovoltaic Solar Center on a 470.12 acre parcel within the AG‐5 (Agriculture ‐  1du/5ac) Zoning District, and located approximately one (1) mile west of Glades Cut‐Off Road  and Carlton Road intersection.     10.WORKSHOPS    11.OTHER BUSINESS    12.ADJOURN    Page 3 of 213 Planning & Zoning Commission Meeting Thursday, January 21, 2021 6:00 PM 1 | P a g e Present Excused PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA Regular Meeting January 21, 2021 Convened: 6:26 PM Adjourned: 6:53 PM 1.CALL TO ORDER The meeting was called to order by Chair O'Dell at 6:26 pm. 2.PLEDGE OF ALLEGIANCE 3.INVOCATION The invocation was led Mr. Craig Bridgers. 4.ROLL CALL Chair Billy O'Dell, Vice‐Chair James A Taylor, Board Member Craig Mundt, Board Member Valerie Slack, Board Member Craig Bridgers, Board Member Ed Lounds, Bob Lowe, Board Member Lawrence "Beau" Slay, Board Member Ryan Binner 5.ANNOUNCEMENTS None. 6.DISCLOSURE(S) None. 7.MINUTES A.St. Lucie County Planning & Zoning Commission minutes for the meeting of November 19, 2020. Page 4 of 213 Planning & Zoning Commission Meeting Thursday, January 21, 2021 6:00 PM 2 | P a g e APPROVE Bob Lowe Board Member Craig Bridgers Vice‐Chair James A. Taylor, Bob Lowe, Chair Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers None None RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 8.PUBLIC COMMENT No virtual public comment. 9.PUBLIC HEARINGS A.Hardscapes, Inc. ‐ Amendment to the Official Zoning Atlas (Rezoning) from U (Utilities) to CG (Commercial General) Zoning District. Presented by Tahir Curry, Associate Planner. Rezone Petition for Hardscapes, Inc.; a 2.88‐acre located at 6690 N US Highway 1. The Public Hearing was noticed with a sign on the petition site, a Legal Ad in the Local Newspaper on January 7, 2021, and mailed notices to 10 property owners within 500 ft. Proof of Advertising is provided within the Agenda Packet. The Planning Department received no response. The proposed rezoning to the CG (Commercial General) Zoning District is consistent with the Commercial designation, per the Comprehensive Plan Table 1‐3 ‐ Land Use Designation / Zoning Compatibility Chart. The proposed Rezone Petition will conform to the minimum lot standards in accordance with the Land Development Code Section 7.04.01 for CG zoning district. The surrounding properties are also located within the CG Zoning District. Planned Unit Development Approved Coconut Cove project to the east. The surrounding Future land use are Mixed Use Development to the South and Residential Urban to the East STAFF RECOMMENDATION: Staff recommends that this petition be forwarded to the Board of County Commissioners with a recommendation of approval. QUESTIONS/ COMMENTS FROM THE BOARD: Mr. Bridgers disclosed that he personally knows the owner's of Hardscapes, however, he has not have conversation with them regarding the item. Mr. Lowe asked about water/sewer on the site. Mr. Curry stated that there is currently no water/sewer on site; the closest supply 2,500 ft. south on Kings & US Hwy 1. VIRTUAL COMMENTS: None AGENT PRESENTATION: Brad Currie, Engineering, Design & Construction, Inc. Family owned Page 5 of 213 Planning & Zoning Commission Meeting Thursday, January 21, 2021 6:00 PM 3 | P a g e APPROVE Board Member Lawrence "Beau" Slay Board Member Bob Lowe James A. Taylor, Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers None None RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: business. They have not proposed any improvements yet. The existing septic tanks will be used, well and septic. RESULT: B.Text Amendment to the Land Development Code for Planned Developments (PUD, PNRD, PMUD) Presented by Benjamin Balcer, Planning & Development Services Assistant Director. A County initiated Text Amendment to the Land Development to streamline the regulatory process and promote the Planned Development process In accordance with public notice requirements outlined in Section 11.00.03 of the St. Lucie County Land Development Code, public notice for this item was advertised in the St. Lucie News Tribune on Friday January 8th, 2020. The Changes to Section 11.02.02 simply addresses a change in language, as the position of Growth Management Director is now classified as the Planning and Development Services Director. The substantive change to Section 11.02.05 directs the Planning and Development Services Director to amend the Official Zoning Atlas to reflect the change in zoning to the associated Planned Development Zoning District once the Board of County Commissioners approves a Preliminary Planned Development Plan. Currently, the change to a Planned Development Zoning District does not occur until Final Planned Development Approval. The amendments to Section 11.02.10‐A ‐ defers submittal requirements for Preliminary Planned Development applications, such as detailed survey work, landscape plans that identify specific types of plant materials, and certain engineered plans until the final site plan stage. This change does not eliminate any requirements currently in code required to receive final approval, but allows the preliminary plan to be more conceptual in nature and allow for the comprehensive planning documents to be provided once the Board has the chance to weigh in on compatibility with surrounding uses, conceptual utility and drainage plans, conceptual architectural design and environmental impacts. Changes to 11.02.10‐B specifies that after receiving Preliminary Planned Development approval by the Board of County Commissioners, the applicant will be required to follow the approval path of the Minor or Major Site Plan in order to receive final development approval. The designation of Minor and Major Site plans will continue to be determined by Page 6 of 213 Planning & Zoning Commission Meeting Thursday, January 21, 2021 6:00 PM 4 | P a g e APPROVE Board Member Valerie Slack Board Member Ed Lounds James A. Taylor, Bob Lowe, Billy O'Dell, Craig Mundt, Ed Lounds, Lawrence "Beau" Slay, Ryan Binner, Valerie Slack, Craig Bridgers None None RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: the overall square footage of the project. Minor site plans are reviewed and approved Administratively by the Planning and Development Services Director, while major site plans will go back to the Board of County Commissioners for approval. The amendment clarifies that any previously approved, active Preliminary Planned Development Plan will be required to follow the current approval path and receive final development approval by the Board of County Commissioners. STAFF RECCOMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. QUESTIONS FROM THE BOARD: None. PUBLIC COMMENT: None. RESULT: 10.WORKSHOPS None. 11.ELECTION OF OFFICIALS Nomination for 2021 Chair: Mr. Taylor nominated by Mr. Mundt, Seconded by Chair O'Dell. Nomination for 2021 Vice Chair: Mr. Lowe nominated by Mr. Lounds, Seconded by Mr. O'Dell. 2021 Chair Mr. Taylor. 2021 Vice‐Chair Mr. Lowe. 12.OTHER BUSINESS Mr. Lowe thanked Mr. Taylor for his service as 2020 P&Z Chair. 13.ADJOURN The meeting adjourned at 6:53 pm Page 7 of 213 ITEM NO.(ID # 2021-51070) DATE:2/18/2021 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Kristopher Mccrain, Associate Planner SUBMITTED BY:Planning & Development Services SUBJECT:Happy Foods Agricultural Labor Housing - Conditional Use Petition to allow four (4) dwelling units for Agricultural Labor Housing on a 706.63 acre parcel within the AG- 5 (Agriculture - 1du/5ac) Zoning District, and located at 29800 Orange Avenue, Fort Pierce, FL 34945. BACKGROUND: On August 25, 2020, the applicant, Happy Foods LLC, submitted an application for a Conditional Use Petition and subsequent Major Site Plan to the Planning and Development Services Department. The project proposes four (4) single-story four (4) bedroom dwelling units with associated landscaping, vehicular use areas, and landscaping. PREVIOUS ACTION: On February 2, 2021, the Board of County Commissioners granted a Road Paving Waiver request for a private access easement to support the project, in accordance with St. Lucie County Land Development Code Section 7.05.07(B)(2), FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners to allow four (4) dwelling units for Agricultural Labor Housing on a 706.63 acre parcel of land located within the AG-5 (Agriculture - 1du/5ac) Zoning District. COMMISSION ACTION: Page 8 of 213 RESULT: MOVER:None SECONDER:None AYES:None NAYS:None EXCUSED:None Coordination/Signatures Date: February 10, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: February 12, 2021 Leslie Olson, Planning & Development Services Director Date: February 12, 2021 Daniel McIntyre, County Attorney Date: February 12, 2021 Mark Satterlee, Deputy County Administrator Page 9 of 213 Document Date: February 5, 2021 Planning & Zoning Commission Planning Division Agenda Item Summary Applicant/PROPERTY OWNER: Happy Foods, LLC 7836 Cherry Lake Road Groveland, FL 34736 Project Location: 29800 Orange Avenue Fort Pierce, FL 349445 PID: 2104-111-0001-000-3 Future Land Use: AG-5 (Agricultural – 5, 1du/5ac) Existing Zoning: AG-5 (Agricultural – 5, 1du/5ac) Parcel ID Number: 2104-111-0001-000-3 (Project Site) 2109-111-0001-000-8 (Site Access) 1133-111-0001-000-0 (Applicant Owned) 1134-111-0001-000-3 (Applicant Owned) 1128-111-0001-000-4 (Applicant Owned) 1127-111-0001-000-1 (Applicant Owned) 1126-223-0001-000-2 (Applicant Owned) Staff Recommendation: Forward a recommendation of approv- al to the Board of County Commission- ers to allow four (4) dwelling units for Agricultural Labor Housing on a 706.63 acre parcel of land located within the AG-5 (Agriculture—5, 1du/5ac) Zoning District. Project Planner: Kristopher McCrain Associate Planner Planning & Development Services Department (772) 462-1265 McCrainK@stlucieco.org Happy Foods Agricultural Labor Housing Conditional Use Permit CU - 8202025829 Project Description Conditional Use Petition submitted by Happy Foods, LLC, to allow four (4) dwelling units Utilized for Agricultural Labor Housing on a 706.63 acre parcel of land located within the AG-5 (Agriculture—5, 1du/5ac) Zoning Dis- trict. Background: On August 25, 2020, Happy Foods LLC submitted a Conditional Use Peti- tion and corresponding Major Site Plan to the Planning and Development Ser- vices Department. The project propos- es four (4) single-story, four (4) bed- room, Agricultural Labor dwelling units, vehicular use areas, and landscaping. The request proposes twenty-four (24) occupants per 2,930 ft2 dwelling, ac- commodating up to ninety-six (96) em- ployees across 11,720 ft2. The development area is a 7.7-acre segment of the 706.63-acre petition site and the applicant's +/- 3,700 acre agricultural operation. Previous Action: On February 2, 2021, the Board of County Commissioners granted a Road Paving Waiver request for a private access easement to support the project, in accordance with St. Lucie County Land Development Code Section 7.05.07(B)(2), Public Comment Received: On February 5, 2021, seventy-four (74) public notices were sent to adja- cent property owners within 500 feet of the subject parcel. Notice Requirements: Public hearing notice was placed in the St. Lucie News Tribune on Febru- ary 5, 2021, letters were sent to all property owners located within 500 feet of the subject property, and a sign was placed on the property. Further details can be found in the staff report. Hearing Date February 18, 2021 Public notice has been provided to all property owners located within 500 feet of the subject parcel. Happy Foods Operations Page 10 of 213 Planning and Development Services Department Planning Division M E M O R A N D U M Happy Foods, LLC, is seeking a Conditional Use Permit, in accordance with LDC Section 7.10.08 – Agricultural Labor Housing, to develop four (4) 2,930 ft2 dwellings to accommodate up to ninety-six (96) agricultural labor employees along with associated site improvements. GENERAL INFORMARION: Property Owners:Happy Foods, LLC 7836 Cherry Lake Road Groveland, FL 34736 Agent of Record:Stephen Vaugh 1118 S Highlands Street Mount Dora, FL 32757 Location:29800 Orange Avenue Fort Pierce, FL 34945 Zoning District(s):AG-5 (Agricultural – 1du/5ac) Future Land Use:AG-5 (Agricultural – 1du/5ac) Parcel ID Number(s):2104-111-0001-000-3 (Project Site) 2109-111-0001-000-8 (For Access) Parcel Size:7.7 acres (Project Area) 706.63 acres (Subject Property) Existing:Citrus Grove Proposed Use:Agricultural Labor Housing accessory to Citrus Grove Urban Service Boundary (USB):Located outside the Urban Service Boundary (USB) Utilities:Water & wastewater services provided via onsite septic and well(s) Fire/EMS Protection:The site will be served by Fire Station #11 (Shinn Road) located at 3501 Shinn Road, approximately 13.4 miles southeast of the subject parcel. Fire suppression systems are required for the housing structures Aerial Map TO:Planning and Zoning Commission THROUGH:Leslie Olson, AICP, Director Benjamin Balcer, AICP, Assistant Planning Director FROM:Kristopher McCrain, Associate Planner DATE:February 3, 2021 SUBJECT:Happy Foods Labor Housing Conditional Use (CU – 8202025829) Page 11 of 213 Project Name: Happy Foods Labor Housing File No.: CU - 8202025829 2 BACKGROUND: The applicant, Happy Foods, LLC, is requesting a Conditional Use Permit to develop four (4) agricultural labor dwellings for employees on 7.7-acres of the overall 706.63-acre parcel. The subject 706.63-acre property is located on the north side of Orange Avenue in Fort Pierce, approximately 3.0-miles east of the St. Lucie/Okeechobee County boundary. The property is located within the AG-5 (Agricultural – 5, 1du/5ac) Zoning District, with an AG-5 (Agricultural – 5, 1du/5ac) Future Land Use designation. The site is located outside of the Urban Service Boundary (USB). The housing complex is proposed on the east side of the parcel, adjacent to the existing agricultural office and maintenance operations. The plan proposes housing for up to ninety-six (96) employees via four (4) single- story dwellings, each containing four (4) bedrooms to accommodate up to twenty-four (24) occupants per building. The housing is required to comply with Florida Building Code requirements and Chapter 64E-14, Florida Administrative Code regulating Migrant Labor Camps. Water and wastewater are proposed by a private on-site septic system and well, required to meet applicable Health Department requirements. A Major Site Plan accompanied the Conditional Use petition, requiring review and action by the Board of County Commissioners. On February 2, 2021, the Board of County Commissioners approved a Road Paving Waiver granting relief from the paving of the internal access road and fee-in-lieu requirements, via Resolution 2021-21 *********************************************************************************** 4,500 feet Page 12 of 213 Project Name: Happy Foods Labor Housing File No.: CU - 8202025829 3 STANDARDS FOR CONDITIONAL USE REVIEW AS SET FORTH IN SECTION 11.07.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE The St. Lucie County Land Development Code (LDC) Section 11.07.03 establishes the Standards for Review for Conditional Use Permits. Approval shall be granted only if the applicant demonstrates the following: A.Consistency with Local Ordinances and Comprehensive Plan The Development Review Committee has reviewed the proposed Conditional Use (and accompanying Site Plan) finding it to be consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code (LDC) and Comprehensive Plan. Agricultural labor housing for agricultural operations is permitted through a Conditional Use Permit within the AG-5 (Agricultural – 5, 1du/5ac) Zoning District, per LDC Section 7.10.08(A) – Agricultural Labor Housing subject to Major Site Plan approval. The property’s Future Land Use is AG-5 (Agricultural – 5, 1du/5ac), providing a maximum density of 1 dwelling unit per 5.0 acres. The proposal complies with the Future Land Use Element and minimum standards established in LDC Section 7.10.08 – Agricultural Labor Housing which also has a maximum density of one (1) dwelling unit per five (5) acres. Land Development Code: LDC Section 7.10.08 – Agricultural Labor Housing (Standards) Land Development Code, Section 7.10.08(E), establishes the following standards for agricultural labor housing. The proposed housing shall be used exclusively for agricultural purposes, is encouraged to be clustered, and is subject to the Florida Building Code. 1.Agricultural Labor Housing shall be set back a minimum of one hundred (100) feet measured from the front property line and all public or private right-of-way lines. The proposed dwelling units complies with this minimum setback requirements. All structures relating to the agricultural housing are located 2,200 feet from the front property boundary, and approximately 4,700 feet from Orange Avenue. According to the submitted site plan, the dwellings will be setback sixty-one (61) feet from the eastern property line. 2.No on-site Agricultural Labor Housing shall exceed in land area three (3) percent of the gross acreage of the agricultural operation, or twenty (20) acres, whichever is less. Off-site Agricultural Labor Housing shall have a land area of not less than five (5) acres. The 7.7-acre development area is part of a 706.63-acre parcel, less than 1.08% of the overall +/- 3,700 acre agricultural operation. 3.Certification of compliance of structures built under this section with the Florida Department of Health, pursuant to Chapter 64E-14. F.A.C. (Florida Administrative Code), as a migrant labor camp shall be required. The St. Lucie County Planning and Development Services Director shall be copied on the written notice of intent to the Department of Health required in F.A.C. 64E-14.0003. A note has been placed on the site plan. 4.The owner of an Agricultural Labor Housing development shall provide copies of the Florida Department of Health biannual inspections to the Planning and Development Services Director to be filed with the Conditional Use Permit. Page 13 of 213 Project Name: Happy Foods Labor Housing File No.: CU - 8202025829 4 A Condition of Approval requires these inspections reports be sent to the County on a biannual basis. 5.No Agricultural Labor Housing structure licensed by the Florida Department of Health as a migrant labor camp shall be used as a permanent residence. A Condition of Approval requires the housing to be utilized on a temporary basis and solely for agricultural laborers. If the dwelling units are vacant for a continuous period of 12 months or more, the use shall be considered abandoned, and the owner will be required to remove all dwellings within 90 days of receipt of notice from the County. If the owner fails to do so, the County will remove them at the owner’s expense. 6.In the event of a change of ownership of an Agricultural Labor Housing development, the new owner shall submit an application for a minor adjustment to the conditional use permit within ninety (90) days of the date the change in ownership is recorded in the public records of St. Lucie County. A note is provided on the site plan drawings. 7.Agricultural Labor Housing shall comply with landscaping requirements in accordance with Section 7.09.00 of the County Land Development Code. The provided landscape plan complies with the LDC requirements. 8.The maximum number of dwelling units shall not exceed one (1) unit per gross acre. Density has been provided at under one (1) dwelling per five (5) per gross acres. The 7.7-acre area of development within the overall 706.63-acre parcel accounts for 0.02 dwellings per acre. 9.The minimum setbacks for structures from property lines shall be consistent with the zoning district. Any existing or proposed non-residential building(s) on the overall parcel shall be shown along with the distance between the proposed housing and other existing or proposed structures. All proposed structures comply with the minimum setback requirements in the AG-5 Zoning District. A fully dimensioned site plan is provided. LDC Section 7.10.08 - Agricultural Labor Housing (Site Plan) Conditional Use Permit applications for Agricultural Labor Housing must include a Major Site Plan consistent with LDC Section 11.02.04, including the following information: 1.The site plan shall include a statement that the units shall solely be occupied by individuals on a temporary basis who are employed in active on-site agricultural operations or agricultural operations located on other properties leased by the owner or under the same ownership as the subject project site. The site plan identifies the labor housing as temporary with occupancy solely for the individuals employed in active on-site agricultural or similar operations. 2.A map indicating the location and distance of both off-site agricultural operations at which the laborers will be working and the housing shall be provided. A map indicating the agricultural labor housing location is attached to the site plan drawings. 3.The area and dimensions of the land to be devoted to the housing development. Page 14 of 213 Project Name: Happy Foods Labor Housing File No.: CU - 8202025829 5 The site plan identifies the 7.7-acre development area on the site plan. This area is situated adjacent to the existing maintenance and administrative offices, near the eastern-central portion of the parcel. 4.The layout of building sites and type of proposed structures. The site plan identifies the location of four (4) single-story block wall structures with associated vehicular use, landscaping, and stormwater. Each four (4) bedroom dwelling is approximately 2,930 ft2, providing an occupancy for twenty-four (24) employees (six (6) occupants per room). Figure 1.1 - Site Plan The floor plan includes dormitory style bathrooms (3 showers, 6 sinks, and 4 toilets) with a washer and dryer, 457 ft2 kitchen complete with four (4) refrigerators, four (4) stove/ranges, and sinks. Figure 1.2 - Floor Plan Page 15 of 213 Project Name: Happy Foods Labor Housing File No.: CU - 8202025829 6 5.Location, size, and type of utilities. A private septic and drainfield will be located in the northwest corner of the 7.7-acre area of development, and located 250 feet from the proposed on-site well. 6.Environmental Impact Report, conforming to Section 11.02.09(A)(5) of the Land Development Code. The Environmental Impact Report was found to be in compliance with LDC Section 11.02.09(A)(5). 7.Traffic Impact Report or Study, as needed or required by Land Development Code Section 11.02.04. In accordance with LDC Section 11.02.04, a Traffic Impact Statement has been provided with the site plan and reviewed by the St. Lucie County Development Review Committee (DRC). The project is anticipated to generate ten (10) daily trips, with approximately six (6) vehicles entering and four (4) vehicles exiting the site. 8.The plan shall identify and label all common areas as defined in FAC 64-E-14.002. The site plan identifies approximately 7.09-acres of common open space areas for the agricultural workers. 9.The site plan shall include the following statement: The following statement has been provided on the cover sheet of the site plan. “Notice of Conveyance. Wherever an interest in real property within an area covered by an approved conditional use for Agricultural Labor Housing is sold, the seller shall attach to the instrument of sale, a notice directing the buyer's attention to such approval (including any amendment) and the area of the lot of record used as a basis for the Agricultural Labor Housing. The notice shall also generally apprise the buyer of the development rights, requirements, and remedies provided under such Septic & Drainfield Well Page 16 of 213 Project Name: Happy Foods Labor Housing File No.: CU - 8202025829 7 approval, under this Code. Such notice shall be on a form approved by the Planning and Development Services Director.” 10.The site plan shall include a designated transit stop shelter for residents' pickup, drop off and waiting to provide protection from the weather. No transit shelters are proposed, as the migrant residents have their own means of transportation available for non-work transit to and from the site. Comprehensive Plan: The development is consistent with the following Comprehensive Plan Goal: Objective 1.1.3: Agricultural Sustainability. Provide in the Land Development Code provisions for a compatible and coordinated land use pattern which establishes agriculture as the primary use outside of the urban service boundary and promotes retention of agricultural activities, preserves natural resources and maintains native vegetative habitats and allows new development in accordance with the Towns, Villages and Countryside Goals, Objectives and Policies for settlement outside of the urban service boundary within the Special Area Plan for North St. Lucie County Policy 1.1.3.1 - Require that new developments within the AG-5 and AG-2.5 future land use categories not exceed the gross densities provided in Policy 1.1.1.1, to maintain a distinct and sustainable urban – rural interface. Objective 1.1.13: Economic Sustainability. To enhance the quality of life of St. Lucie County and promote a sound and resilient local economy, St. Lucie County shall continue to work with the interested groups and agencies to increase and broaden the County's economic base while expanding existing business and industrial opportunities. Policy 1.1.13.5 – The County shall support the expansion of agricultural activities, and maintain a sufficient agricultural land base to increase the sustainability, expansion, and diversification of agricultural activities. The County supports local food production, in order to meet the multiple goals of reduced emissions and energy consumption, while increasing the resiliency and long term food security of the community. The development of specialty foods, farmer’s market products, and food processing industries to increase and diversify the agricultural economic base shall be encouraged. Goal 10.3: Support the expansion of agricultural activities, and maintain a sufficient agricultural land base to increase the sustainability, expansion, and diversification of agricultural activities throughout St. Lucie County. Objective 10.3.1: Increase and diversify the agricultural economic base. B.Effect on Nearby Properties Use Compatibility: The proposed facility will not have an undue adverse effect upon nearby properties, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. The proposed development is compatible with adjacent uses. The purpose of the AG-5 Zoning District is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres. The proposed use should not have an undue adverse impact upon the adjacent larger tract properties, which consist of crop production and other agricultural related operations that range in size from 20 to 600 acres. No Page 17 of 213 Project Name: Happy Foods Labor Housing File No.: CU - 8202025829 8 single-family dwellings are located within one (1) mile of the proposed agricultural labor housing. The proposed dwellings will be setback a minimum of one-hundred (100) feet from all property lines. The four (4) dwellings are clustered near the existing maintenance and administrative offices, near the eastern-central portion of the parcel to conserve agricultural open space, minimize paving and utility infrastructure costs, and will allow for convenient socializing and a sense of community supported by a recreation field, pavilions, and picnic areas. Adjacent Zoning & Future Land Uses: Access: The site plan identifies the site will be accessed via an existing private access easement from Orange Avenue. The existing private access easement is identified and described within the recorded property deed (OR Book 4253 Page 2738). A copy of the access easement can also be found in the agenda packet. C.Adequacy of Public Facilities Utilities: The subject site is located outside the USB. Water and wastewater services will be provided via on-site septic and well. Electrical service will is provided by Florida Power & Light (FP&L). Traffic: The proposed development is expected to generate ten (10) new daily trips; six (6) entering, and four (4) exiting the site. The proposed trips will not have a significant impact on the adjacent roadway links, or their level of service. Solid Waste: Waste Pro has confirmed that solid waste services are available to the site. D.Adequacy of Fire Protection The St. Lucie County Fire District has reviewed and signed-off on the proposed site plan adjustment. Emergency services will be provided by the St. Lucie County Sheriff’s Department and the St. Lucie County Fire District. The nearest Fire Station (Station #11 Shinn Road) is located at 3501 Shinn Road, approximately 13.4 miles southeast of the subject property. E.Adequacy of School Facilities The St. Lucie County School Distrrict has reviewed proposed nonresidential project and determined it will not create an additional demand on public school facilities. Location Zoning District Future Land Use Existing Land Use Subject Property AG-5 (Agricultural – 5, 1du/5ac) AG-5 (Agricultural – 5, 1du/5ac)Happy Foods, LLC North AG-5 (Agricultural – 5, 1du/5ac) AG-5 (Agricultural – 5, 1du/5ac) West Vero Farms, LLC Blue Goose Farms, LLC Scott Groves Inc South AG-5 (Agricultural – 5, 1du/5ac) AG-5 (Agricultural – 5, 1du/5ac) Wescott Groves LLC Adams Ranch Inc East AG-5 (Agricultural – 5, 1du/5ac) AG-5 (Agricultural – 5, 1du/5ac) Heller Bros Packing Corp Riverbridge Farms LLC Wynne Capital Ranch Adjacent Parcels West AG-5 (Agricultural – 5, 1du/5ac) AG-5 (Agricultural – 5, 1du/5ac)Wynne Capital Ranch Page 18 of 213 Project Name: Happy Foods Labor Housing File No.: CU - 8202025829 9 F.Environmental Impact Background: The Environmental Resources Department (ERD) is in receipt of the January 15, 2021 date-stamped submittal from Planning and Development Services. The applicant is seeking approval of a Major Site Plan and Conditional Use, after the Board authorized a Road Paving Waiver, for temporary agricultural labor housing consisting of four (4) housing buildings with associated parking, stormwater, and landscaping at 29800 Orange Avenue. The 7.70-acre site consists primarily of improved pasture with scattered native trees including slash pines, laurel oaks, and cabbage palms. Findings: This application is not anticipated to result in any adverse environmental impacts. The site has been previously impacted as part of the active agricultural operation and no intact native habitat is present within the proposed construction area. A revised landscape plan date 11/30/2020, prepared by Huffstetler Landscape Architecture & Planning, has been reviewed and approved to be consistent with Land Development Code 7.09.00. Recommendation: ERD has no objection to approval of the Major Site Plan, Conditional Use and approved Road Paving Waiver with conditions outlined below. STAFF RECOMMENDATION: Staff has determined the Conditional Use Permit to meet the standards for review outlined in LDC Section 11.07.03, and is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan, therefore, staff recommends the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. 1.The housing provided shall be temporary and solely for agricultural laborers only. The property owner of such housing shall provide the St. Lucie County Planning and Development Services Department a biannual inspection report from the St. Lucie County Health Department demonstrating compliance with Chapter 64E-14, Florida Administrative Code (Migrant Labor Camps) that provides minimum requirements to protect the health, safety, and welfare of the persons residing in the dwelling units. 2.If the dwelling units are vacant for a continuous period of twelve (12) months or more, the use shall be considered abandoned, and the owner of such dwelling units shall remove all dwellings within ninety (90) days of receipt of notice from the County notifying the owner of such abandonment. Failure to remove the dwelling units shall be grounds for the County to remove them at the expense of the owner. 3.No children below the age of sixteen (16) years of age shall reside in the agricultural housing dwelling units. 4.Prior to issuance of a Vegetation Removal Permit or Exemption, an updated Tree Survey shall be submitted with graphical representations depicting native trees to be preserved and/or impacted, and a Tree Mitigation Plan describing how tree mitigation is being met per Land Development Code 6.00.05.D. 5.Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site per Land Development Code Section 7.09.05. 6.The developer, heirs, and/or assigns agree that the private access easement to the labor housing may only be used for direct agricultural operations of the site. Any changes in the site from agricultural operations and/or revisions of the labor housing will be subject to review of conditions and requirements consistent with County codes at that time. 7.Prior to the issuance of a certificate of occupancy, the applicant shall provide a service agreement for solid waste collection from a similar solid waste provider. Attachments: Page 19 of 213 Project Name: Happy Foods Labor Housing File No.: CU - 8202025829 10 -Site Plan -Landscape Plan -Boundary Survey -Environmental Resources Department Final Report -PDS Order No. 2021-006 Page 20 of 213 Page 1 Resolution No.: 2021-XXX April 6, 2021 File No.: CU - 8202025829 RESOLUTION 2021-XXX File No.: CU-8202025829 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOUR (4) DWELLING UNITS FOR AGRICULTURAL LABOR HOUSING ON A 706.63 ACRE PARCEL OF LAND WITHIN THE AG-5 (AGRICULTURE - 1DU/5AC) ZONING DISTRICT FOR A PARCEL LOCATED AT 29800 ORANGE AVENUE IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1.Happy Foods, LLC, presented a petition for a Conditional Use Permit to allow four (4) dwelling units for agricultural labor housing on a 706.63-acre parcel of land within the AG-5 (Agriculture – 1du/5ac) Zoning District for a parcel located at 29800 Orange Avenue, as described in Part “B” below and depicted in Exhibit “A”. 2.On February 18, 2021, the Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended the Board of County Commissioners approve/deny this Conditional Use Permit. 3.On April 6, 2021, the St. Lucie Board of County Commissioners held a public hearing on this petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4.On February 2, 2021, the Board of County Commissioners approved a Road Paving Waiver granting relief from the paving and fee-in-lieu requirements, via Resolution 2021-21 5.The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 6.The Conditional Use 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. 7.A Certificate of Capacity as required under Chapter V, St. Lucie County Land Development Code, a copy of which is attached to this Resolution, was granted by the Planning and Development Services Director on Month, Day, 2021. 8.Section 7.10.08 of the St. Lucie County Land Development Code requires applications for Agricultural Labor Housing shall receive approval for a Conditional Use Petition and Major Site Plan in accordance with Sections 11.02.07 and 11.07.03 of the St. Lucie County Land Development Code. Page 21 of 213 Page 2 Resolution No.: 2021-XXX April 6, 2021 File No.: CU - 8202025829 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A.Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, the Conditional Use for Happy Foods Housing to allow four (4) dwelling units for agricultural labor housing on a 706.63-acre parcel of land within the AG-5 (Agriculture – 1du/5ac) Zoning District is hereby approved for the property described in Part “B”, subject to the following condition(s): 1.The housing provided shall be temporary and solely for agricultural laborers only. The property owner of such housing shall provide the St. Lucie County Planning and Development Services Department a biannual inspection report from the St. Lucie County Health Department demonstrating compliance with Chapter 64E-14, Florida Administrative Code (Migrant Labor Camps) that provides minimum requirements to protect the health, safety, and welfare of the persons residing in the dwelling units. 2.If the dwelling units are vacant for a continuous period of twelve (12) months or more, the use shall be considered abandoned, and the owner of such dwelling units shall remove all dwellings within ninety (90) days of receipt of notice from the County notifying the owner of such abandonment. Failure to remove the dwelling units shall be grounds for the County to remove them at the expense of the owner. 3.No children below the age of sixteen (16) years of age shall reside in the agricultural housing dwelling units. 4.Prior to issuance of a Vegetation Removal Permit or Exemption, an updated Tree Survey shall be submitted with graphical representations depicting native trees to be preserved and/or impacted, and a Tree Mitigation Plan describing how tree mitigation is being met per Land Development Code 6.00.05.D. 5.Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site per Land Development Code Section 7.09.05. 6.The developer, heirs, and/or assigns agree that the private access easement to the labor housing may only be used for direct agricultural operations of the site. Any changes in the site from agricultural operations and/or revisions of the labor housing will be subject to review of conditions and requirements consistent with County codes at that time. 7.Prior to the issuance of a certificate of occupancy, the applicant shall provide a service agreement for solid waste collection from a similar solid waste provider. B.The property on which this Conditional Use Permit is being granted is described as follows: Page 22 of 213 Page 3 Resolution No.: 2021-XXX April 6, 2021 File No.: CU - 8202025829 LEGAL DESCRIPTION PARCEL 1 ALL OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, LYING WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4, BEAR NORTH 00 DEGREES 08 MINUTES 03 SECONDS WEST ALONG AN EXISTING FENCE LINE TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 33, A DISTANCE OF 5724.51 DEET; THENCE BEAR NORTH 00 DEGREES 14 MINUTES 07 SECONDS WEST ALONG SAID FENCE LINE TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 5388.33 FEET; THENCE BEAR NORTH 00 DEGREES 29 MINUTES 12 SECONDS WEST ALONG THE EXISTING FENCE LINE TO THE INTERSECTION WITH THE WEST LINE OF SECTION 28, A DISTANCE OF 4426.14 FEET TO THE END OF SAID LINE; AND LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, MARKED BY A FOUND 4”X4” CONCRETE MONUMENT WITH NO IDENTIFICATION, RUN NORTH 89⁰ 58’53” EAST ALONG THE SOUTH LINE OF SAID SECTION 4 A DISTANCE OF 5371.68 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 4, MARKED BY A FOUND 5/8” DIAMETER REBAR WITH CAP STAMPED “RLS 2084”; THENCE RUN NORTH 00⁰30’59” WEST ALONG THE EAST LINE OF SAID SECTION 4 A DISTANCE OF 2368.15 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 88⁰57’56” WEST A DISTANCE OF 115.04 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 88⁰57’56” WEST A DISTANCE OF 736.68 FEET; THENCE RUN NORTH 00⁰30’59” WEST, PARALLEL WITH THE AFORESAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET; THENCE RUN SOUTH 88⁰57’56” EAST A DISTANCE OF 736.68 FEET; THENCE UN SOUTH 00⁰30’59” EAST, PARALLEL WITH, 115.00 FEET WEST OF AND NORMAL TO SAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED SURVEYED PARCEL CONTAINING 30,445,370.88 S.F. OR 698.93 ACRES MORE OR LESS. DESCRIPTION OF PARCEL ‘B’: (AREA OF DEVELOPMENT) A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, MARKED BY A Page 23 of 213 Page 4 Resolution No.: 2021-XXX April 6, 2021 File No.: CU - 8202025829 FOUND 4”X 4” CONCRETE MONUMENT WITH NO IDENTIFICATION, RUN NORTH 89⁰58’53” EAST ALONG THE SOUTH LINE OF SECTION 4 A DISTANCE OF 5371.68 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 4, MARKED BY A FOUND 5/8” DIAMETER REBAR WITH CAP STAMPED ”RLS 2084”; THENCE RUN NORTH 00⁰30’59” WEST ALONG THE EAST LINE OF SAID SECTION 4 A DISTANCE OF 2368.15 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 88⁰57’56” WEST A DISTANCE OF 115.04 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING, RUN THENCE NORTH 88⁰57’56” WEST A DISTANCE OF 736.68 FEET; THENCE RUN NORTH 00⁰30’59” WEST, PARALLEL WITH THE AFORESAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET; THENCE RUN SOUTH 88⁰57’56” EAST A DISTANCE OF 736.68 FEET; THENCE RUN SOUTH 00⁰30’59” EAST, PARALLEL WITH, 115.00 FEET WEST OF AND NORMAL TO SAID EAST LINE OF SECTION 4 A DISTANCE OF 455.60 FEET TO THE POINT OF BEGINNING. THE ABOVE SURVEYED PARCEL CONTAINING 335,513.24 S.F OR 7.70 ACRES, MORE OR LESS. PARCEL ID No.: 2104-111-0001-000-3 Property Address:29800 Orange Avenue, Fort Pierce, FL 34945 C.The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County, and are not assigned to any other party or institution. Should the applicant choose or decide to assign this business to another entity or individual, an adjustment to this Conditional Use Permit shall be required. D.Pursuant to Section 11.07.05(I) of the St. Lucie County Land Development Code, a Conditional Use Permit shall be valid for the purposes of securing a Building Permit or Certificate of Zoning Compliance for twelve (12) months from the date of this approval, unless a Building Permit or Certificate of Zoning Compliance is secured within twelve (12) months, and construction subsequently undertaken pursuant to such Building Permit, the Conditional Use Permit shall automatically expire unless the permit is extended upon application to the Board of County Commissioners. E.Pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, time limitations imposed on a Conditional Use Permit by Section 11.07.05(I) may be extended by the Board of County Commissioners not more than one (1) time, and for not more than twenty-four (24) months, upon application by the applicant and after a public hearing held in accordance with Section 11.00.04. F.The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause the notation of this Resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. G.The developer is advised as part of this Conditional Use Permit approval for Happy Foods, LLC, including any successors in interest, the developer shall obtain all applicable development permits and construction authorizations from the appropriate Page 24 of 213 Page 5 Resolution No.: 2021-XXX April 6, 2021 File No.: CU - 8202025829 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 and Building Departments prior to the commencement of any development activities on the property described in Part “B”. Issuance of this permit 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 permit 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. H.This Resolution shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Commissioner Chris Dzadovsky, Chair XXX Commissioner Sean Mitchell, Vice Chair XXX Commissioner Linda Bartz XXX Commissioner Cathy Townsend XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this _____ day of ____ ____, 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA _______________________________ BY CHAIR ATTEST:APPROVED AS TO FORM AND CORRECTNESS: ___________________________________________________ DEPUTY CLERK COUNTY ATTORNEY Page 25 of 213 Page 6 Resolution No.: 2021-XXX April 6, 2021 File No.: CU - 8202025829 EXHIBIT “A” (Site Location Map) Page 26 of 213 Page 7 Resolution No.: 2021-XXX April 6, 2021 File No.: CU - 8202025829 EXHIBIT “B” (Certificate of Capacity) Page 27 of 213 SUGGESTED MOTIONS: MOTION TO APPROVE AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTIONS 7.10.08 AND 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE CONDITIONAL USE PERMIT FOR HAPPY FOODS HOUSING TO ALLOW FOUR (4) DWELLING UNITS FOR AGRICULTURAL LABOR HOUSING ON A 706.63 ACRE PARCEL OF LAND WITHIN THE AG-5 (AGRICULTURE - 1DU/5AC) ZONING DISTRICT, WITH CONDITIONS RECOMMENDED BY STAFF BECAUSE..... [CITE REASONS WHY - PLEASE BE SPECIFIC]. MOTION TO DENY AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTIONS 7.10.08 AND 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE CONDITIONAL USE PERMIT FOR HAPPY FOODS HOUSING TO ALLOW FOUR (4) DWELLING UNITS FOR AGRICULTURAL LABOR HOUSING ON A 706.63 ACRE PARCEL OF LAND WITHIN THE AG-5 (AGRICULTURE - 1DU/5AC) ZONING DISTRICT, WITH CONDITIONS RECOMMENDED BY STAFF BECAUSE..... [CITE REASONS WHY - PLEASE BE SPECIFIC]. Page 28 of 213 Happy Foods Migrant Housing Project Maps Page 29 of 213 Page 30 of 213 Page 31 of 213 Page 32 of 213 Page 33 of 213 Page 34 of 213 Page 35 of 213 Page 36 of 213 Page 37 of 213 Page 38 of 213 Page 39 of 213 Page 40 of 213 Page 41 of 213 Page 42 of 213 Page 43 of 213 Page 44 of 213 Page 45 of 213 Page 46 of 213 Page 47 of 213 Wi c k s E n g i n e e r i n g S e r v i c e s , I n c . Wicks Engineering Services, Inc. Happy Food LLC H2A Migrant Housing 29800 Orange Ave. Ft. Pierce, St. Lucie County SITE COUNTY LINE CO U N T Y L I N E F L O R I D A ' S T U R N P I K E ORANGE AVE. NE 224th STREET. FIRM PANEL NO. 12111 CO125J Zone "X" Page 48 of 213 Page 49 of 213 Page 50 of 213 Page 51 of 213 S.R. #68 (ORANGE AV. EXTENSION) 200' WIDE R.O.W. GRAPHIC SCALE SHEET SIGNATURE DATE BYREVISION 6 NO. 3 4 5 1 2 FLORIDA LICENSE No. TEL:FAX: CARTER ASSOCIATES, INC. COA 205 / LB 205 Dwg. #:DATE DATE FILE NAME PROJ. # : : :CAI 1708 21st STREET, VERO BEACH, FL 32960 CARTER ASSOCIATES, INC. FAX: (772) 562-7180TEL: (772) 562-4191 APPD. BY DRAWN BY : : :REF. # 20-214S.dwg De c . 4 , 2 0 , 11 : 5 3 A M PLOT BY :Domenic Miele COPYRIGHT © Carter Associates, Inc. - This document and associated electronic files are the property of Carter Associates, Inc. and are intended for use only on the specific project for which they were originally issued. This document and associated electronic files may not be reproduced, copied, revised, modified, or changed in any way without the written permission of Carter Associates, Inc. : F.B. & PG. P: \ 2 0 - 2 1 4 H a p p y F o o d s \ d w g \ 2 0 - 2 1 4 S . d w g , 20 - 2 1 4 S , Do m e n i c M i e l e JUNE 23, 2020 20-214S FSC DEL 00320S,15816C 909wp/4+2020 DAVID E. LUETHJE, PSM 5728 BOUNDARY SURVEY PART OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 37 EAST ST. LUCIE COUNTY, FLORIDA ONE TIME SPLIT 1 of 1 21684-C HAPPY FOODS, LLC 7836 CHERRY LAKE ROAD GROVELAND, FLORIDA 34736-9007 ADDED PROPOSED 30' WIDE ACCESS EASEMENT DJM 08/03/2020 ADDED BEARING BASIS AND FEMA INFORMATION DJM 12/04/2020 DETAIL OF PARCEL 'B' (ONE-TIME SPLIT PARCEL) SCALE: 1" = 100' ”” ” ” “”” ” ” ” ” ” ”” ” ” “”” ” ” ” ” ” “” “” ” “” ” “” ” “” ” ” “” SEE DETAIL OF PARCEL 'B' MATCH LINE SEE PLAN LEFT MATCH LINE SEE PLAN RIGHT Page 52 of 213 C. AG-5 AGRICULTURAL - 5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research facilities, noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) l. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping Requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and take-off fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) Page 53 of 213 j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) l. Camps - sporting and recreational. (7032) m. Off-road vehicle parks, except go-cart raceway operation or rentals (7999), subject to the requirements of Section 7.10.21. (999) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. o. Solar generation station subject to the requirements of Section 7.10.28. (999) p. Commercial composting facilities subject to the requirements of Section 7.10.34. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subject to the requirements of Section 7.10.28. (999) Page 54 of 213 7.10.08. - Agricultural Labor Housing. A. Purpose. The purpose of this section is to recognize and provide temporary housing for agricultural laborers working at agricultural operations in St. Lucie County in the AG-1, AG-2.5, and AG-5 Zoning Districts. Agricultural Labor Housing is permitted as a conditional use subject to Section 11.07.00 and the requirements of this Section. It is the intent of these standards to meet the particular needs of the agricultural labor industry through design standards while protecting the health, safety, and general welfare of the agricultural laborers and the general public. It is further the intent of this section that such housing will be used exclusively for agricultural housing purposes. Agricultural Labor Housing is encouraged to be clustered. Agricultural Labor Housing shall be subject to the Florida Building Code. B. Housing Types. These standards apply to the following housing types as Agricultural Labor Housing, either as principal buildings or accessory buildings in the AG-1, AG-2.5, and AG-5 Zoning Districts. 1. Duplexes. 2. Multiple-family dwellings. C. Accessory Use. Caretaker's residence D. Conditional Use. No Agricultural Labor Housing shall be constructed until a request for conditional use has been approved by the Board of County Commissioners. E. Standards. 1. Agricultural Labor Housing shall be set back a minimum of one hundred (100) feet measured from the front property line and all public or private right-of-way lines. 2. No on-site Agricultural Labor Housing shall exceed in land area three (3) percent of the gross acreage of the agricultural operation, or twenty (20) acres, whichever is less. Off-site Agricultural Labor Housing shall have a land area of not less than five (5) acres. 3. Certification of compliance of structures built under this section with the Florida Department of Health, pursuant to Chapter 64E-14. F.A.C. (Florida Administrative Code), as a migrant labor camp shall be required. The St. Lucie County Planning and Development Services Director shall be copied on the written notice of intent to the Department of Health required in F.A.C. 64E-14.0003. 4. The owner of an Agricultural Labor Housing development shall provide copies of the Florida Department of Health biannual inspections to the Planning and Development Services Director to be filed with the Conditional Use Permit. 5. No Agricultural Labor Housing structure licensed by the Florida Department of Health as a migrant labor camp shall be used as a permanent residence. 6. In the event of a change of ownership of an Agricultural Labor Housing development, the new owner shall submit an application for a minor adjustment to the conditional use permit Page 55 of 213 within ninety (90) days of the date the change in ownership is recorded in the public records of St. Lucie County. 7. Agricultural Labor Housing shall comply with landscaping requirements in accordance with Section 7.09.00 of the County Land Development Code. 8. The maximum number of dwelling units shall not exceed one (1) unit per gross acre. 9. The minimum setbacks for structures from property lines shall be consistent with the zoning district. Any existing or proposed non-residential building(s) on the overall parcel shall be shown along with the distance between the proposed housing and other existing or proposed structures. F. Site plan. Every conditional use application for Agricultural Labor Housing must include a site plan consistent with Section 11.02.04, including the following additional information: 1. The site plan shall include a statement that the units shall solely be occupied by individuals on a temporary basis who are employed in active on-site agricultural operations or agricultural operations located on other properties leased by the owner or under the same ownership as the subject project site. 2. A map indicating the location and distance of both off-site agricultural operations at which the laborers will be working and the housing shall be provided. 3. The area and dimensions of the land to be devoted to the housing development. 4. The layout of building sites and type of proposed structures. 5. Location, size, and type of utilities. 6. Environmental Impact Report, conforming to Section 11.02.09(A)(5) of the Land Development Code. 7. Traffic Impact Report or Study, as needed or required by Land Development Code Section 11.02.04. 8. The plan shall identify and label all common areas as defined in FAC 64-E-14.002. 9. The site plan shall include the following statement: Notice of Conveyance. Wherever an interest in real property within an area covered by an approved conditional use for Agricultural Labor Housing is sold, the seller shall attach to the instrument of sale, a notice directing the buyer's attention to such approval (including any amendment) and the area of the lot of record used as a basis for the Agricultural Labor Housing. The notice shall also generally apprise the buyer of the development rights, requirements, and remedies provided under such approval, under this Code. Such notice shall be on a form approved by the Planning and Development Services Director. 10. The site plan shall include a designated transit stop shelter for residents' pickup, drop off and waiting to provide protection from the weather. (Ord. No. 2017-04, Pt. A, 4-18-2017) Page 56 of 213 Date Mailed: February 5, 2021 Planning and Development Services Department (772) 462-2822 APPLICANT/PROPERTY OWNER: Happy Foods, LLC 7836 Cherry Lake Road Groveland, FL 34736 PROJECT LOCATION: 29800 Orange Avenue Fort Pierce, FL 349445 Parcel ID Number: 2104-111-0001-000-3 (Project Site) 2109-111-0001-000-8 (Site Access) 1133-111-0001-000-0 (Applicant Owned) 1134-111-0001-000-3 (Applicant Owned) 1128-111-0001-000-4 (Applicant Owned) 1127-111-0001-000-1 (Applicant Owned) 1126-223-0001-000-2 (Applicant Owned) FUTURE LAND USE: AG-5 (Agricultural – 5, 1du/5ac) EXISTING ZONING: AG-5 (Agricultural – 5, 1du/5ac) STAFF’S RECOMMENDATION: Forward a recommendation of approv-al to the Board of County Commission-ers to allow four (4) Agricultural Labor Housing dwellings fon a 706.63 acre parcel of land located within the AG-5 (Agriculture - 5, 1du/5ac) Zoning Dis-trict. Public Hearing Notice Thursday, February 18, 2021 Notice of Proposed Conditional Use Permit for Happy Foods Housing John Doe 123 Anywhere St. Anywhere, USA 12345 Meeting Time: 6:00 PM (or soon thereafter ) PLANNING AND ZONING COMMISSION This notice has been provided because you are an owner of property within 500 feet of the proposed petition. Project Description Conditional Use Petition submitted by Happy Foods, LLC, to allow four (4) dwelling units for Agricultural Labor Housing on a 706.63 acre parcel of land located within the AG-5 (Agriculture - 1du/5ac) Zoning District. Background: On August 25, 2020, the applicant, Hap-py Foods LLC, submitted an application for a Conditional Use Petition and associ- ated Major Site Plan to the Planning and Development Services Department. The project proposes four (4) single-story, four (4) bedroom, dwellings with associ- ated vehicular use areas, stormwater and landscaping. On February 2, 2021, the Board of Coun- ty Commissioners granted a Road Pav- ing Waiver request for a private access easement to support the project, in ac- cordance with St. Lucie County Land Development Code Section 7.05.07(B) (2). Board Action: The St. Lucie County Planning and Zon- ing Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval with conditions or disapproval, any applications within their area of re-sponsibility. The Planning and Zoning Commission strongly encourages your input and com- ment at the public hearing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclusion in the official record. Written comments to the Planning and Zoning Commission should be received by the Planning and Development Ser- vices Department—Planning Division at least 3 days prior to the scheduled hear-ing. Anyone with a disability requiring accom-modations to attend this meeting may contact the SLC Community Risk Manag- er at least 48 hours in advance at (772) 462-1546 or TDD (772) 462-1428. Further details are available in the Planning and Development Services Department - Please contact: Staff: Kristopher McCrain Tel: (772) 462-1265 Email: McCrainK@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Happy Foods Operations Page 57 of 213 Revised March 18, 2011 Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of all of the Board of County Commissioners. Please Return This Form To: St. Lucie County Planning & Development Services Department Planning Division ATTN: Kristopher McCrain, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: McCrainK@stlucieco.org Fax (772) 462-1581 Please check only one of the three following statements, and return by: Tuesday, February 16, 2021. Please Note: All previous public comments received will be included. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Please attach additional pages with comments if necessary. I AM IN FAVOR OF THE REQUESTED CONDITIONAL USE _______ I AM NOT IN FAVOR OF THE REQUESTED CONDITIONAL USE _______ I HAVE NO OPINION ABOUT THE REQUESTED CONDITIONAL USE _______ I certify as of the date written below, I am a property owner within 500 feet of the requested Conditional Use. Name (Please Print): __________________________________________________________ Address: __________________________________________________________ __________________________________________________________ Date: _______________ Signature: _______________________________ Please call, Kristopher McCrain, Project Manager at (772) 462-1265 or email, McCrainK@stlucieco.org if you have any questions. PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division CONDITIONAL USE RESPONSE FORM Project Description: PROPOSED CONDITIONAL USE: Petition of Happy Foods, LLC, to permit four (4) agricultural labor housing dwellings units on a 706.63 acre parcel of land within the AG-5 (Agriculture – 1du/5ac) Zoning District. Project Location: 29800 Orange Avenue, Fort Pierce, FL 34945 Current Zoning: AG-5 (Agriculture - 5, 1du/5ac) File No.: CU – 8202025829 Page 58 of 213 Page 59 of 213 Page 60 of 213 Page 61 of 213 Page 62 of 213 Page 63 of 213 Page 64 of 213 Page 65 of 213 Page 66 of 213 Page 67 of 213 Page 68 of 213 Page 69 of 213 Page 70 of 213 Page 71 of 213 Page 72 of 213 Page 73 of 213 Page 74 of 213 Page 75 of 213 Page 76 of 213 Page 77 of 213 Page 78 of 213 Page 79 of 213 Page 80 of 213 Page 81 of 213 Page 82 of 213 Page 83 of 213 Page 84 of 213 Page 85 of 213 Page 86 of 213 Page 87 of 213 Page 88 of 213 Page 89 of 213 Page 90 of 213 Page 91 of 213 Page 92 of 213 Page 93 of 213 Page 94 of 213 Page 95 of 213 Page 96 of 213 Page 97 of 213 Page 98 of 213 Page 99 of 213 Page 100 of 213 Page 101 of 213 Page 102 of 213 Page 103 of 213 Page 104 of 213 Page 105 of 213 Page 106 of 213 Page 107 of 213 Page 108 of 213 Page 109 of 213 Page 110 of 213 Page 111 of 213 Environmental resources Development Review Letter TO:Kris McCrain, Planning & Development Services Department THROUGH:Amy E. Griffin, Environmental Resources Director FROM:Jennifer McGee, Environmental Regulations Manger DATE:January 25, 2021 SUBJECT:Happy Food Housing Major Site Plan MJSP 8202025827 Conditional Use CU 8202025829 Road Paving Waiver RPW 8202025828 Background The Environmental Resources Department (ERD) is in receipt of the January 15, 2021 date-stamped submittal from Planning and Development Services. The applicant is seeking approval of three applications including a Major Site Plan, Conditional Use, and Road Paving Waiver for temporary agricultural labor housing consisting of four (4) housing buildings with associated parking, stormwater, and landscaping at 29800 Orange Avenue. The 7.70 acres site consists primarily of improved pasture with scattered native trees including slash pines, laurel oaks, and cabbage palms. Findings This application is not anticipated to result in any adverse environmental impacts. The site has been previously impacted as part of the active agricultural operation and no intact native habitat is present within the proposed construction area. A revised landscape plan date 11/30/2020, prepared by Huffstetler Landscape Architecture & Planning, has been reviewed and approved to be consistent with Land Development Code 7.09.00. Recommendation ERD has no objection to approval of the Major Site Plan, Conditional Use and Road Paving Waiver with conditions outlined below. Conditions of Approval 1)Prior to issuance of a Vegetation Removal Permit or Exemption, an updated Tree Survey shall be submitted with graphical representations depicting native trees to be preserved and/or impacted, and a Tree Mitigation Plan describing how tree mitigation is being met per Land Development Code 6.00.05.D. 2)Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant species shall be eradicated from the site per Land Development Code Section 7.09.05. Please contact Jennifer McGee at 772-462-3862 if you have any questions or if you would like to meet regarding the details on these requirements. Page 112 of 213 Page 113 of 213 Page 114 of 213 Page 115 of 213 Page 116 of 213 ITEM NO.(ID # 2021-51080) DATE:2/18/2021 AGENDA REQUEST TO:Planning and Zoning Commission PRESENTED BY:Jodi Nentwick, Senior Planner SUBMITTED BY:Planning & Development Services SUBJECT:FPL Sundew Solar Energy Center - Conditional Use Permit to construct and operate a 74.5 Mega-Watt (MW) Photovoltaic Solar Center on a 470.12 acre parcel within the AG-5 (Agriculture - 1du/5ac) Zoning District, and located approximately one (1) mile west of Glades Cut-Off Road and Carlton Road intersection. BACKGROUND: The applicant, Florida Power and Light Company (FPL), is requesting a Conditional Use Permit to allow for the construction and operation of a 74.5 MW Photovoltaic Solar Center on +/-470.12 acres of agricultural land located at approximately on (1) mile west of Glades Cut-off Road and Carlton Road intersection. The subject property lies outside the urban services boundary and is zoned AG-5 (Agricultural-5), which is consistent with AG-5 (Agricultural-5) future land use designation. Solar Generation Stations are allowed in the AG-5 Zoning District as a Conditional Use in accordance to Land Development Code (LDC) Section 3.01.03.C.7.O and subject to the LDC, Section 7.10.28 Solar Energy requirements. The proposed solar generation center is within two (2) miles of an existing FPL transmission line and will create clean, renewable energy by converting sunlight via photovoltaic solar arrays into direct current (DC) electricity. This zero emission electricity will be converted into alternating current (AC) utilizing power inverters and will be carried to the collector substation where the voltage is boosted for transmission through the electric grid. The solar panels stand approximately two (2) feet off the ground at their lowest point and approximately six (6) feet in height at their highest point. FPL employees do not report to this location, and maintenance crews park within the secured fenced area. No water or fuel is needed to operate or maintain the facility. The applicant has submitted a petition for a Major Site Plan in accordance to the St. Lucie County Land Development Code, Section 7.10.28, which is currently under review. Included with this request are two (2) waivers from the Land Development Code requirements pertaining to lot coverage by structures and perimeter landscape buffers. The Conditional Use requires a public hearing before the Planning and Zoning Commission, who will make a recommendation to the Board of County Commissioners (BOCC). The BOCC will hold a public hearing on the Page 117 of 213 Conditional Use and will take final actions on both petitions. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends forwarding the petition of the proposed Conditional Use Permit for a Solar Power Generation to the Board of County Commissioners with a recommendation for approval, subject to the conditions as set forth on the Resolution. COMMISSION ACTION: RESULT: MOVER:None SECONDER:None AYES:None NAYS:None EXCUSED:None Coordination/Signatures Date: February 09, 2021 Leslie Olson, Planning & Development Services Director Date: February 10, 2021 Daniel McIntyre, County Attorney Date: February 12, 2021 Mark Satterlee, Deputy County Administrator Page 118 of 213 Document Date: February 5, 2021 Planning & Zoning Commission Planning Division Agenda Item Summary Applicant/PROPERTY OWNER: Florida Power and Light Company Michael W. Sole 700 Universe Blvd. JES/JB Juno Beach, FL 33408 Project Location: Address—TBD - Carlton Road (Approximately one (1) mile west of Glades Cut-Off Road and Carl- ton Road intersection) Future Land Use: AG-5 (Agricultural – 5, 1du/5ac) Existing Zoning: AG-5 (Agricultural – 5, 1du/5ac) Parcel ID Number: 4217-601-0006-000-5 4217-111-0002-000-3 4217-122-0001-000-0 4217-601-0005-000-8 4217-601-0007-000-2 Staff Recommendation: Forward a recommendation of approv- al to the Board of County Commission- ers to construct and operate a 74.5 Mega-Watt Photovoltaic Solar Center on a 470.12 acre parcel of land located within the AG-5 (Agriculture—5, 1du/5ac) Zoning District. Project Planner: Jodi Nentwick Senior Planner Planning & Development Services Department (772) 462-1580 NentwickJ@stlucieco.org FPL Sundew Solar Energy Center Conditional Use Permit CU - 9202025851 Project Description Conditional Use Petition submitted by Florida Power and Light Company, to construct and operate a 74.5 Mega- Watt (MW) Photovoltaic Solar Center on a 470.12 acre parcel of land locat-ed within the AG-5 (Agriculture—5, 1du/5ac) Zoning District. Background: On September 28, 2020, Florida Pow-er and Light Company submitted a Conditional Use Petition and corre- sponding Major Site Plan to the Plan- ning and Development Services De- partment. The project proposes to con- struct and operate a 74.5 Mega-Watt (MW) Photovoltaic Solar Center. In- cluded with the request are two (2) waivers from the Land Development Code pertaining to lot coverage by structures and perimeter landscape buffers. These waivers will be re- viewed through the site plan review process, requiring a decision by the Board of County Commissioners Public Comment Received: On February 5, 2021, fifteen (15) pub- lic notices were sent to adjacent prop-erty owners within 500 feet of the sub- ject parcel. Notice Requirements: Public hearing notice was placed in the St. Lucie News Tribune on Febru- ary 5, 2021, letters were sent to all property owners located within 500 feet of the subject property, and a sign was placed on the property. Further details can be found in the staff report. Hearing Date February 18, 2021 Public notice has been provided to all property owners located within 500 feet Site Access Page 119 of 213 Planning and Development Services Department Planning Division M E M O R A N D U M GENERAL INFORMATION Applicant/ Property Owner: Florida Power and Light Company Michael Sole 700 Universe Blvd, JES/JB Juno Beach, FL 33408 Agent: Gunster Law Firm Robert S. Raynes, Esq. Josh Long, AICP Location: TBD – Carlton Road Parcel ID Number(s): 4217-601-0006-000-5, 4217-111-0002-000-3 4217-122-0001-000-0, 4217-601-0005-000-8 4217-601-0007-000-2 Parcel Size(s): 470.12 acres Future Land Use: AG-5, Agricultural-5 Existing Zoning: AG-5, Agricultural-5 Requested Action: Conditional Use Permit for a Solar Energy Center Existing Uses: Undeveloped Agricultural Uses Urban Service Boundary: Outside Fire/EMS: Station #14 St. Lucie County Fire District (300 NW California Boulevard) is located 5.7 miles southeast of the subject parcel TO: Planning and Zoning Commission THROUGH: Leslie Olson, AICP, Director Ben Balcer, AICP, Assistant Director FROM: Jodi Nentwick, Senior Planner DATE: February 4, 2021 SUBJECT: FPL Sundew Solar Energy Center Conditional Use Permit Application CU-9202025851 Page 120 of 213 Petition: FPL Sundew Solar Energy Center – Conditional Use Permit File No.: CU-9202025851 Page 2 Utilties: Service to be provided by well and septic. Electrical services are provided by Florida Power & Light (FP&L). Type of Concurrency Document Required: Concurrency Deferral Affidavit BACKGROUND ANALYSIS The applicant, Florida Power and Light Company (FPL), is requesting a Conditional Use Permit to construct and operate a 74.5 Mega-Watt (MW) Photovoltaic Solar Center on +/-470.12 acres of agricultural land located approximately one (1) mile west of the Glades Cut-Off Road and Carlton Road intersection. The subject property lies outside the urban services boundary and is zoned AG-5 (Agricultural – 5), which is consistent with the AG-5 (Agricultural – 5) Future Land Use designation. The facility will create clean, renewable solar energy by converting sunlight via photovoltaic solar arrays into direct current (DC) electricity. This zero emissions electricity will be converted into alternating current (AC), utilizing power inverters, and will be carried to the collector substation where the voltage is boosted for transmission through the electric grid. The proposed solar panels stand approximately two (2) feet off the ground at their lowest point and approximately six (6) feet in height at their highest point. FPL employees do not report to this location, and maintenance crews park within a secured, fenced, area. No water or fuel is needed to operate or maintain the facility. The applicant has submitted a Major Site Plan petition in accordance to the St. Lucie County Land Development Code, Section 7.10.28, for concurrent review. Two (2) waivers from the Land Development Code requirements, pertaining to lot coverage by structures and perimeter landscape buffers, are requested. The Conditional Use requires a public hearing before the Planning and Zoning Commission, for a recommendation to the Board of County Commissioners (BOCC). The BOCC will hold a public hearing on the Conditional Use Permit and will take final action on the petitions. Surrounding Land Use and Zoning Location Zoning District Future Land Use Existing Land Use Subject Property AG-5 (Agricultural – 5) AG-5 (Agricultural – 5) Vacant, Agricultural Adjacent Parcels North AG-5 (Agricultural – 5) AG-5 (Agricultural – 5) Vacant, Agricultural South AG-5 (Agricultural – 5) AG-5 (Agricultural – 5) Vacant, Agricultural East AG-5 (Agricultural – 5) AG-5 (Agricultural – 5) Vacant, Agricultural West AG-5 (Agricultural – 5) AG-5 (Agricultural – 5) Vacant, Agricultural Page 121 of 213 Petition: FPL Sundew Solar Energy Center – Conditional Use Permit File No.: CU-9202025851 Page 3 Aerial ********************************************** CONDITIONAL USE PERMIT STANDARDS OF REVIEW AS SET FORTH IN THE LAND DEVELOPMENT CODE SECTION 11.07.03 Land Development Code, Section 11.07.03 estblishes the standards for reviewing Conditional Use Permits. In reviewing an application for a Conditional Use Permit, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. CONSISTENCY WITH LOCAL CODE AND COMPREHENSIVE PLAN Consistency with Land Development Code Regulations 3.01.03 C.1. The purpose of the Agricultural – 5 district is to provide and protect an environment suitable for productve commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Solar generation stations are allowed via condtional use permit to the AG-5 zoning as per LDC, Section 3.01.03 C. 7. O. – solar generation station subject to the following requirements in LDC, Section 7.10.28: Site Access Page 122 of 213 Petition: FPL Sundew Solar Energy Center – Conditional Use Permit File No.: CU-9202025851 Page 4 1. Physical access to a solar generation station shall be restricted by fencing or walls. Razor wire is prohibted. All fencing and wall details shall be provided for review and approved as part of the require site plan. A six (6) fence high fence with one (1) foot of barbed wire will be installed around the perimeter of the property for security, in addition to a seven (7) foot high fence with one (1) foot of barbed wire designed to secure the solar collector yard. 2. The devices that capture energy and convert it to electricity shall not be placed in wetlands, environmentallly sensitive resources or habitats, imperiled and critically imperiled habitats as defined by the Florida Natural Areas Inventory, and buffers. Any environmental impacts from such devices, or any component of a solar generation stations, shall only be allowed in compliance with the provisions of the County’s Comprehensive Plan and Land Development Code. The applicant has provided an Environmental Impact Report that has been reviewed and accepted by staff. As depicted on the proposed site plan, the arrays will not be placed in any wetland(s) or environmentally sensitive areas. 3. All devices that capture and cover energy to electricity shall be located at least fifty (50) feet from any lot line under separate ownership, unless otherwise approved by the Board of County Commissioners. The site plan meets the minimum setback requirements from any lot line, therefore a waiver is not needed. Setback-Solar Array Required Provided Front (South) 50 feet 197 feet Rear (North) 30 feet 51 feet Side (East) 20 feet 137 feet Side (West) 20 feet 50 feet 4. The maximum lot coverage by structures, including a solar ground or pole mounted panels, for the zoning district may be waived by the Board of County Commissioners. The approved maximum lot coverage shall be shown on the site plan and specified in the resolution approvaing the department. The applicant has requested a waiver from the ten (10) percent maximum lot coverage requirement, proposing to cover sixty-two (62) percent of the lot by structures. This waiver will reveiwed through the site plan review process, requiring a final decision by the Board of County Commissioners. 5. All solar generation station sites must comply with the landscaping and screening requirements of the Land Development Code. The perimeter buffer landscaping requirements may be waived by the Board of County Commissioners, if it is shown to the satisfication of the Commissioner that the adjoining property owners have no objections to the landscaping waiver. Interior vehicular use area landscaping requirements may be waived by the Commission, to the extent necessary to ensure optimal solar access. Page 123 of 213 Petition: FPL Sundew Solar Energy Center – Conditional Use Permit File No.: CU-9202025851 Page 5 The Board of County Commissioners may require additonal landscaping to enhance compatibility with adjacent land uses. The applicant has requested a waiver from the landscaping and screening requirements in the Land Development Code. To date, there are no objections from adjoining property owners to the waiver. The final decision will be made by the Board of County Commissioners. 6. On site power lines shall be placed underground to the maximum extent possible. The applicant has addressed this to the maximum extent possible. The conduits, adjacent to the solar arrays, that will transfer electrical current to the substation have been placed underground where feasible so as not to impact wetlands or drainage. Consistency with Comprehensive Plan The proposed Conditional Use is not in conflict with St. Lucie County Comprehensive Plan, providing development of energy efficient land use patterns as identified within the Western Lands Study. Policies from the St. Lucie County Comprehensive Plan that directly pertain to the proposed Conditional Use include: Goal 1.4: Ensure through the Comprehensive Plan the development of energy efficient land use patterns and policies that reduce greenhouse gas emissions though innovative sustainable land planning tools which discourage urban sprawl, protect native habitat, reduce automobile use, and maintain open space. Objective 1.4.1: Create a sustainable plan for the County’s western lands that will preserve and conserve a functioning network of agriculture, open space, and natural areas while providing economically viable options for agricultural landowners, now and in the future based upon the Western Lands Study. Policy 1.4.2.4 The Land Development Code shall maintain appropriate standards for use of alternate, renewable sources of energy including the use of solar panels except in environmentally sensitive areas. The standards are intended to facilitate the commercial generation and distribution of solar power and the use of on-site solar energy systems to meet the energy demands of buildings support facilities in the unincorporated County. The County shall review the Land Development Code and consider appropriate standards for the use of other renewable sources. The solar generation center will provide alternative, clean energy that complies with the Goals, Objectives, and Policies of the Comprehensive Plan. B. EFFECT ON ADJACENT PROPERTIES The proposed Conditional Use should not have an undue adverse impact upon nearby properties. The proposed solar generation facility is a low impact use which is compatible with the surrounding uses. The solar arrays have minimal visual impact as they sit approximately two (2) feet off the ground at their lowest point and approximately six (6) feet in height at their highest point. A six (6) foot high fence with one (1) foot of barbed wire will be installed around the perimeter of the property to secure the site. A seven (7) foot high fence with one (1) foot barbed wire will be installed around the solar Page 124 of 213 Petition: FPL Sundew Solar Energy Center – Conditional Use Permit File No.: CU-9202025851 Page 6 collector yard to further secure this area. A condition of approval requires that all exterior lighting be reduced to zero foot candle reading at the property line. C. ADEQUENCY OF PUBLIC FACILITIES Water/Wastewater The subject property lies outside the urban service boundary. The proposed solar generation center is a public utility and does not require water or wastewater service. Transportation System A traffic impact report is not required per LDC, Section 11.02.09.4.A. The applicant has provided a traffic statement which indicates the proposed generation facility will result in a net decrease in site traffic due to the change in use from an agriculture operation. The facility’s expected average trip generation following buildout is four (4) trips per month, for maintenance purposes. D. ADEQUANCY OF FIRE PROTECTION The St. Lucie County Fire District, Fire Protection Bureau, has reviewed the proposed Conditional Use permit in accordance with the provisions of the State Fire Code and has no objection to the request. St. Lucie Station #14, St. Lucie County Fire District - 300 NW California Boulevard, is located 5.7 miles southeast of the subject parcel. E. ENVIRONMENTAL IMPACT The Environmental Resources Department (ERD) is in receipt of the December 22, 2020 date-stamped submittal from Planning and Development Services. The applicant is requesting approval of a Major Site Plan and Conditional Use to construct and operate a 74.5 MW Photovoltaic Solar Center in St. Lucie County. The facility is proposed to be located on approximately 470 acres (consisting of eleven (11) parcels). The subject site is located approximately one (1) mile west of the Glades Cut off Road and Carlton Road intersection in unincorporated St. Lucie County. The land is currently being utilized for agricultural purposes and consists of previous grove land, with agricultural ditches and furrows throughout. Findings An Environmental Impact Report consistent with Land Development Code 11.02.09.A.5 was provided by Kimley-Horn and Associates, Inc. The site consists of abandoned citrus groves that have been converted to pasture for cattle grazing. Although all the citrus trees have been removed, remnant agricultural furrows and irrigation ditches are still present throughout the site. Vegetation onsite consists of various pasture grasses with non-native eucalyptus trees along the perimeter. The proposed site does not contain any native trees meeting the mitigation thresholds outlined in Land Development Code 6.00.05.D; therefore, no tree mitigation is required. Preliminary surveys for listed species onsite were conducted, including species specific surveys for the federally listed Audubon’s Crested Caracara and the state listed gopher tortoise. Based on the lack of native habitat onsite and the results of these preliminary surveys, no impacts to listed species are expected to occur as a result of the proposed development. The applicant will conduct updated species-specific surveys as required per the applicable state and/or federal protocols prior to any site development work as required in the below condition of approval. Page 125 of 213 Petition: FPL Sundew Solar Energy Center – Conditional Use Permit File No.: CU-9202025851 Page 7 Wetland and Other Surface Water (OSW) jurisdictional determinations were conducted in accordance with Chapter 62-340, Florida Administrative Code. Based on this review, no jurisdictional wetlands are present and approximately 60 acres of other surface waters (consisting of agricultural ditches and irrigation furrows) are present. An Environmental Resource Permit through the Florida Department of Environmental Protection is currently under review for the proposed impacts to other surface waters onsite and will be provided prior to commencement of development activities as detailed in the condition of approval below. Per Land Development Code 7.10.28, the applicant has requested a waiver from the Board of County Commissioners for required landscaping due to the remote site location and potential shading conflicts associated with landscaping and solar energy panels. Recommendation ERD supports approval of the proposed Conditional Use and Major Site Plan with conditions as detailed below. Conditions of Approval Subject to resolution of the findings listed above, the following is a partial list of conditions of approval: • Within 60 days of issuance of a Vegetation Removal Permit or Exemption, all Category I listed invasive species shall be removed. • Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys, appropriate permits from state and federal agencies shall be required. • Prior to commencement of development, the applicant shall provide a copy of the final approved Environmental Resource Permit for impacts to other surface waters onsite shall be provided. NEIGHBORHOOD MEETING & PUBLIC NOTIFICATION The applicant did not hold a neighborhood meeting on the proposed petition; however, contact has been made to the adjacent businesses and property owners regarding the intended operation. Although neighborhood meetings are strongly encouraged, they are not required. Staff provided notification letters to fifteen (15) owners of property, located within the 500 feet of the proposed petition, detailing the proposed project. A public notification sign detailing the Planning and Zoning Commissioner’s Public Hearing was posted on the premises, and an advertisement displayed in the local newspaper. CONCLUSION: Staff has reviewed this petition and determined that it conforms to the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the St. Lucie County Comprehensive Plan Goals, Objectives, and Policies. STAFF RECOMMENDATION: Page 126 of 213 Petition: FPL Sundew Solar Energy Center – Conditional Use Permit File No.: CU-9202025851 Page 8 Staff recommends that the Planning and Zoning Commission forward a recommendation of approval to the Board of County Commissioners. Page 127 of 213 Resolution No. 2021-XXX CU 9202025851 Page 1 RESOLUTION 2021-XXX File No. CU 9202025851 A RESOLUTION GRANTING FPL SUNDEW SOLAR ENERGY CENTER A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A 74.5 MEGA-WATT (MW) PHOTOVOLTAIC SOLAR GENERATION CENTER IN THE AG-5, (AGRICULTURAL – 5) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to findings in the staff report and traffic analysis review, has made the following determinations: 1. Florida Power & Light Company presented a petition for a Conditional Use Permit to construct and operate a 74.5 MW Photovoltaic Solar Generation Center in the AG-5 (Agricultural – 5) Zoning District for the property located approximately one (1) mile of the Glades Cut-Off Road and Carlton Road intersection as legally described in Paragraph C and depicted on the attached map as Exhibit “A”. 2. On February 18, 2021, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within five hundred (500) feet of the subject property and recommended that the Board of County Commissioners approve/deny request for a Conditional Use Permit. 3. On _____________ this Board held a public hearing on the petition, after publishing a notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, at which all interested persons were given an opportunity to be heard. 4. Section 11.07.01C of the St. Lucie County Land Development Code providing that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of all of the Board of County Commissioners. 5. The proposed Conditional Use Permit is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of 7.10.28 Solar Energy of the St. Lucie Land Development Code. Page 128 of 213 Resolution No. 2021-XXX CU 9202025851 Page 2 6. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, landscaping screening. 7. The proposed Conditional Use, with conditions therein, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The foregoing findings are hereby approved and adopted by the Board of County Commissioners of St. Lucie County, Florida: B. Pursuant to Section 11.07.03 Conditional Uses and Section 7.10.28 Solar Energy the Conditional Use Permit for Florida Power and Light Company for the project known as FPL Sundew Solar Energy Center, as shown on the drawings for the project prepared by Culpepper and Terpening, Inc. dated June 25, 2020 and date stamped received by the Planning and Development Services Department on February 3, 2021, is hereby approved for the property described in Paragraph C, subject to the following conditions: 1. The conditional use improvements and operational areas shall be consistent with an approved Major Site Plan in accordance to Section 11.02.07 Standards for Site Plan of the St. Lucie County Land Development Code. 2. Within thirty (30) days of this approval, the Applicant shall record a Unity of Title encompassing all parcels referred in Section C. 3. Within 60 days of issuance of a Vegetation Removal Permit or Exemption, all Category I listed invasive species shall be removed. 4. Prior to issuance of a Vegetation Removal or Exemption, listed species surveys including, but not limited to gopher tortoise surveys shall be updated as required per state and/federal survey protocol. Should any listed species be found as a result of these updated surveys, appropriate permit from state and federal agencies shall be required. 5. Prior to commencement of development, the applicant shall provide a copy of the final approved Environmental Resource Permit for impacts to other surface waters onsite shall be provided. Page 129 of 213 Resolution No. 2021-XXX CU 9202025851 Page 3 C. Legal Description: PARCEL 1: THE EAST 1/2 OF THE NORTH 1/2 OF BLOCK 4, PLAT OF NEW DEAL GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 53, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH A PERMANENT EASEMENT AND GRANT FOR AND TO THE USE OF THAT CERTAIN DEEP WELL NOW SITUATE ON THE WEST ONE-HALF (W 1/2) OF THE NORTH ONE-HALF (N 1/2) OF THE SOUTH ONE-HALF (S 1/2) OF BLOCK 4, OF SAID NEW DEAL GROVES, SAID USE TO BE IN COMMON WITH THE OTHER OWNERS OF LANDS IN SAID SUBDIVISION. PARCEL 3: SECTION 17, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, ALL THAT PART OF THE EAST 1/2 OF THE EAST 1/2 OF THE SECTION LYING SOUTH OF THE CENTERLINE OF CARLTON ROAD EASEMENT, AS IN OFFICIAL RECORDS BOOK 36, PAGE 132, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL 8: ALL THAT PART OF THE WEST 1/2 OF THE EAST 1/2 OF SECTION 17, TOWNSHIP 37 SOUTH, RANGE 38 EAST, LYING EAST OF THE CENTERLINE OF EXISTING ROAD GRADE WHOSE CENTERLINE IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 58 FEET EAST OF THE NORTH 1/4 CORNER OF SAID SECTION 17, THENCE RUN SOUTHERLY TO THE SOUTH 1/4 CORNER OF SAID SECTION 17, TOWNSHIP 37 SOUTH, RANGE 38 EAST, LESS AND EXCEPT ALL THAT PORTION OF SECTION 17, TOWNSHIP 37 SOUTH, RANGE 38 EAST, LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH IS 59.5 FEET SOUTH OF THE NORTHEAST CORNER OF SECTION 17, RUN WEST TO A POINT WHICH IS 58 FEET EAST AND 153 FEET SOUTH OF THE NORTH 1/4 CORNER OF SECTION 17 FOR THE POINT OF ENDING, ALL LYING IN ST. LUCIE COUNTY, FLORIDA. PARCEL 9: ALL OF BLOCK 3, NEW DEAL GROVES, IN SECTION 17, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 12, PAGE 53, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH A PERMANENT EASEMENT AND GRANT FOR AND TO THE USE OF THAT CERTAIN DEEP WELL NOW SITUATE ON THE WEST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF BLOCK 4 OF Page 130 of 213 Resolution No. 2021-XXX CU 9202025851 Page 4 SAID NEW DEAL GROVES, SAID USE TO BE IN COMMON WITH THE OTHER OWNERS OF LANDS IN SAID SUBDIVISION, AS FIRST CONVEYED BY A.R. HELSETH TO CALHOUN NORTON BY WARRANTY DEED DATED SEPTEMBER 15, 1964, RECORDED IN OFFICIAL RECORDS BOOK 98, PAGE 470, AS AFFECTED BY PARTIAL RELEASE RECORDED IN O.R. BOOK 2934, PAGE 431, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH RIGHTS FOR INGRESS AND EGRESS AND DRAINAGE AS FOLLOWS: I) EASEMENT FOR ROADS AND CANALS, RECORDED IN OFFICIAL RECORDS BOOK 11, PAGE 321; II) EASEMENT FOR INGRESS AND EGRESS, DRAINAGE AND IRRIGATION CONTAINED WITHIN THE COOPERATIVE IMPROVEMENT AND TRUST AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 36, PAGE 479, AS AMENDED IN OFFICIAL RECORDS BOOK 1271, PAGE 1632 AND AS SET FORTH IN RIGHT-OF-WAY DEEDS RECORDED IN OFFICIAL RECORDS BOOK 36, PAGES 576, 577 AND 578; III) GRANTS OF EASEMENT FOR INGRESS AND EGRESS RECORDED IN OFFICIAL RECORDS BOOK 78, PAGES 557 AND 559; IV) GRANTS OF EASEMENT FOR INGRESS AND EGRESS RECORDED IN OFFICIAL RECORDS BOOK 110, PAGES 91 AND 93; V) TEMPORARY EASEMENT FOR INGRESS AND EGRESS AS RECORDED IN OFFICIAL RECORDS BOOK 79, PAGES 70 AND 72 AND OFFICIAL RECORDS BOOK 110, PAGE 314, ALL OF THE ABOVE IN PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL 11: THE WEST 1/2 OF THE NORTH 1/2 AND THE SOUTH 1/2 OF BLOCK 4, NEW DEAL GROVES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 53, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. The property on which this Conditional Use Permit is being granted as described as follows: SAID LANDS CONTAINING 20,478,427.2 SQUARE FEET (470.12 ACRES) MORE OR LESS. Parcel ID#: 4217-601-0006-000-5, 4217-111-0002-000-3, 4217-122-0001-000-0, 4217-601-0005-000-8; and 4217-601-0007-000-2 D. The approvals and authorizations granted by this Resolution are for the purpose to construct and operate a solar generation center within St. Lucie County, and are not assigned to any other party or institution. Should the petitioners choose or decide to assign this operation to another entity or individual, a minor adjustment to the Conditional Use Permit shall be required. E. The approvals and authorizations granted by this Resolution shall expire on ____________ 2022 unless construction of the solar center has begun as described in Paragraph B above, or an extension has been granted in Page 131 of 213 Resolution No. 2021-XXX CU 9202025851 Page 5 accordance with Section 11.07.05(F), St. Lucie County Land Development Code. F. The Petitioner, Florida Power & Light Company, is advised as part of this Conditional Use Permit approval for FPL Pelican Solar Energy Center, the Petitioner shall obtain all applicable development permits and construction authorizations 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, South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Paragraph C. Issuance of this permit by the County does not in any way create any rights on the part of the Petitioner 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 permit if the Petitioner 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. G. The conditions set forth in Paragraph B are an integral non severable part of the Conditional Use Permit approval granted by this Resolution. If any condition set forth in Paragraph B is determined to be invalid or unenforceable for any reason and the Petitioner declines to comply voluntarily with the condition, the Conditional Use Permit approval granted by this resolution becomes null and void. H. A copy of this resolution shall be attached to the Conditional Use Permit site plan drawings described in Paragraph B. which plan shall be placed on file with the Planning and Development Services Department. I. This Order shall become effective upon the date indicated below. An appeal from the Board of County Commissioners’ action may be processed within thirty (30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land Development Code. J. This Resolution shall be recorded in the Public Records. Page 132 of 213 Resolution No. 2021-XXX CU 9202025851 Page 6 After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chair XXX Sean Mitchell, Vice-Chair XXX Commissioner Linda Bartz XXX Commissioner Frannie Hutchinson XXX Commissioner Cathy Townsend XXX PASSED AND DULY ADOPTED this XXX day of XXXX, 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY CHAIR ATTEST: APPROVED AS TO FORM AND CORRECTNESS: __________________ _____________________ DEPUTY CLERK COUNTY ATTORNEY Page 133 of 213 Resolution No. 2021-XXX CU 9202025851 Page 7 Exhibit “A” Location Map Page 134 of 213 SUGGESTED MOTIONS: MOTION TO APPROVE AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTIONS 7.10.08 AND 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE CONDITIONAL USE PERMIT FOR FPL SUNDEW SOLAR ENERGY CENTER TO CONSTRUCT AND OPERATE A 74.5 MEGA-WATT PHOTOVOLTAIC SOLAR CENTER ON A 470.12 ACRE PARCEL OF LAND WITHIN THE AG-5 (AGRICULTURE - 1DU/5AC) ZONING DISTRICT, WITH CONDITIONS RECOMMENDED BY STAFF BECAUSE..... [CITE REASONS WHY - PLEASE BE SPECIFIC]. MOTION TO DENY AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTIONS 7.10.08 AND 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE CONDITIONAL USE PERMIT FOR FPL SUNDEW SOLAR ENERGY CENTER TO CONSTRUCT AND OPERATE A 74.5 MEGA-WATT PHOTOVOLTAIC SOLAR CENTER ON A 470.12 ACRE PARCEL OF LAND WITHIN THE AG-5 (AGRICULTURE - 1DU/5AC) ZONING DISTRICT, WITH CONDITIONS RECOMMENDED BY STAFF BECAUSE..... [CITE REASONS WHY - PLEASE BE SPECIFIC]. Page 135 of 213 Page 1 of 6 Revised May 6, 2013 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 – Fax: 772-462-1581 http://www.stlucieco.org/planning/planning.htm DEVELOPMENT APPLICATION A pre-application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type [check each that applies] Site Plan □Major Site Plan □Minor Site Plan □Major Adjustment to Major Site Plan □Major Adjustment to Minor Site Plan □Major Adjustment to PUD/PNRD/PMUD □Minor Adjustment to Major Site Plan □Minor Adjustment to Minor Site Plan □Minor Adjustment to PUD/PNRD/PMUD Planned Development □Planned Town or Village (PTV) □Planned Country Subdivision (PCS) □Planned Retail Workplace (PRW) □Prelim. Planned Unit Develop. (PUD) □Prelim. Planned Mixed Use Develop. (PMUD) □Prelim. Planned Non-Res. Develop. (PNRD) □Final Planned Unit Develop. (PUD) □Final Planned Mixed Use Develop. (PMUD) □Final Planned Non-Res. Develop. (PNRD) Conditional Use 1 □Conditional Use □Major Adjustment to a Conditional Use □Minor Adjustment to a Conditional Use Variance 2 □Administrative Variance □Variance □Variance to Coastal Setback Line Rezoning 3 □Rezoning (straight rezoning) □Rezoning (includes PUD/PNRD/PMUD) □Rezoning with Plan Amendment Comprehensive Plan Amendment 4 □Future Land Use Map Change □Comprehensive Plan Text Amendment Other □Administrative Relief □Class A Mobile Home 5 □Developer Agreement (Submit per LDC 11.08.03) □Power Generation Plants □Extension to Development Order □Historical Designation/Change 6 □Land Development Code Text Amendment 7 □Plat □Post Development Order Change □Re-Submittal #8 □Shoreline Variance □Stewardships – Sending/Receiving □Telecom Tower (Submit per LDC 7.10.23) □Transfer of Development Rights □Waiver to LDC/Comp. Plan Requirements 9 □Appeal of Decision by Administrative Official10 □Eminent Domain Waiver11 Application Supplement Packages 1.Conditional Use 2.Variance 3.Rezoning / Zoning Atlas Amend. 4.Comp. Plan Amendments 5.Class A Mobile Home 6.Historical Designation/Change 7.LDC Text Amendment 8.Re- Submittal 9.Waiver to LDC/Comp. Plan Requirements 10.Appeal of Decision by Administrative Official 11.Eminent Domain Waiver Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). x x x Page 136 of 213 Page 137 of 213 Page 138 of 213 Page 3 of 6 Revised March 15, 2016 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: □Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) □Aerial Photograph – property outlined (available from Property Appraiser’s office □Property Deed □Legal description, in MS Word format, of subject property * □Property Tax Map – property outlined (electronic copy not required) □Survey (24x36) □2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) □Concurrency Deferral Affidavit; or □Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: □Site Plan 24”x36” at a scale of 1”=50’ (12 copies- folded, not rolled) □Boundary Survey (24x36) – Signed and Sealed (12 originals) □Topographic Survey (24x36) – Signed and Sealed (12 originals) □Landscape Plan – Signed and Sealed (12 originals)x Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) □Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greaterOThe property, regardless of size, contains a wetland;O The property is identified on the “Native Habitat Inventory for SLC”;O The proposed development is located in whole, or part, within the One Hundred Year Flood Plain;O Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: □Letter of justification – submitted at least 2 weeks prior to expiration. (LDC 11.02.06) □Updated Traffic Analysis if applicable (4 copies) □Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: □Main Application and back up material □Approved Site Plan and copy of approved Development Order □Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser’s website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). x x x x x x x x xx x xx x x Page 139 of 213 Page 4 of 6 Revised March 15, 2016 Project Name: Site address: Parcel ID Number(s): Legal Description: (Attach additional sheets if necessary – also must be provided in MS Word format on CD) Property location – Section/Township/Range: Property size – acres:Square footage: Future Land Use Designation: Zoning District: Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes):  Commercial Total Square Footage: Existing Proposed:  Industrial Total Square Footage: Existing Proposed:  Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed:  Other Please specify: Number and size of out parcels (if applicable): Project Information FPL Sundew Solar Energy Center Approximately 1 mile west of the Glades Cut Off Road & Carlton Road intersection See Exhibit B of Narrative for full list See attached Legal Description 17&18, 37S, 38E 923 AG -5 AG-5 See Narrative Statement x 74.5 MW Photovoltaic Solar Energy Center Page 140 of 213 Page 141 of 213 Page 6 of 6 Revised March 15, 2016 Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. * Document Document Format Required Name on CD Aerial Photograph PDF Aerial.pdf Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev.pdf Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF DrainagePln.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF ExistingCond.pdf Flood Plain PDF or Word Flood.pdf or Flood. Doc Landscape Plan PDF Landscape.pdf Legal Description Word Legal.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Mitigation.pdf Mobile Home Plans PDF or Word MobileHome.pdf or MobileHome.doc Paving Plan PDF Paving.pdf Permit (External) PDF Permit.pdf Plat PDF Plat.pdf or Plat.doc Property Deed PDF Deed.pdf Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR.pdf or TIR.doc Tree Survey PDF Tree.pdf Turtle Protection PDF or Word Turtle.pdf or Turtle.doc Utility Plan PDF Utiliity.pdf Vegetation Removal Application PDF Vegetation.pdf Page 142 of 213 Page 143 of 213 Environmental Impact Report Sundew Solar Energy Center St. Lucie County, Florida Prepared for: Florida Power and Light, Co. 700 Universe Blvd. Juno Beach, FL 33408 144196045 October 2020 © Kimley-Horn and Associates, Inc. 2020 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 561.845.0665 Page 144 of 213 1 | Page TABLE OF CONTENTS Introduction and Property Description .................................................................................................... 1 Soil Description ....................................................................................................................................... 2 Vegetative Cover and Natural Communities ............................................................................................ 7 Jurisdictional Wetlands and Surface Waters ............................................................................................ 7 Wetland Impacts and Permitting ............................................................................................................. 9 Floodplain ............................................................................................................................................. 10 Wildlife and Listed Species .................................................................................................................... 10 Environmental Impacts/Minimization and Mitigation Discussion ........................................................... 12 FIGURES Figure 1 – Project Location Map .............................................................................................................. 3 Figure 2 – USGS Map ............................................................................................................................... 4 Figure 3 – NRCS Soils Map ....................................................................................................................... 5 Figure 4 – FLUCFCS Map .......................................................................................................................... 8 TABLES Table 1 – NRCS Soils Identified Within the Study Area ............................................................................. 6 Table 2 – Potential Listed Species Occurrence ....................................................................................... 11 Page 145 of 213 Sundew Solar Energy Center Environmental Impact Report 2 | Page Introduction and Property Description The proposed project site is located in Section 17, Township 37 South, Range 38 E in unincorporated St. Lucie County, approximately 5 miles west of the City of Port St. Lucie (Figures 1 & 2). The existing site is an abandoned citrus grove that has recently been converted to pasture and is currently used to graze cattle. Although all citrus trees have been removed, remnant agricultural furrows and irrigation ditches are still present throughout the site. The site consists of various pasture grasses with exotic species encroaching along the banks of existing ditches and furrows. No native trees or wetlands were identified within the project area. The proposed Sundew Solar Energy Center would consist of an approximately 74.5-megawatt (MW) solar photovoltaic energy center located on approximately 473-acres with associated road and stormwater infrastructure as well as a collector yard. The project would connect to an existing transmission line approximately 3,000 feet south of the project site. This report describes the existing vegetation, habitats, and wildlife found on the site as well as the steps used to avoid and minimize impacts to these natural features. Soil Description The US Department of Agriculture (USDA)/Natural Resources Conservation Service (NRCS) Soil Survey of St. Lucie County, Florida, maps the following soils on the property: (4) – Arents, 0 to 5 percent slopes, (11) Chobee Loamy Sand, Frequently Ponded, 0 to 1 percent slopes, (13) – Floridana Sand, Frequently Ponded, 0 to 2 percent slopes, (16) – Hilolo Loamy Sand, (21) – Lawnwood and Myakka Sands, (32) – Pineda Sand, 0 to 2 percent slopes, (36) – Pople Sand, (37) – Riviera Sand, Frequently Ponded, 0 to 1 percent Slopes, (38) – Riviera Fine Sand, 0 to 2 percent slopes, and (55) – Winder Loamy Sand. According to the Hydric Soils of Florida Handbook, 4th Edition (Florida Association of Environmental Soil Scientists, 2007), Chobee loamy sand, Floridana sand, Hilolo sand, Pineda sand, Pople sand, Riviera sand, and Riviera fine sand are considered hydric, while Winder loamy sand contains hydric inclusions. Arents and Lawnwood and Myakka sands are considered non-hydric. The presence of hydric soils is one of three potential indicators of wetland areas. Table 1 describes the soils in more detail and a copy of the USDA/NRCS soils map is attached as Figure 3. Page 146 of 213 Sundew Solar Energy Center Environmental Impact Report 3 | Page Page 147 of 213 Sundew Solar Energy Center Environmental Impact Report 4 | Page Page 148 of 213 Sundew Solar Energy Center Environmental Impact Report 5 | Page Page 149 of 213 Sundew Solar Energy Center Environmental Impact Report 6 | Page TABLE 1 NRCS SOILS IDENTIFIED WITHIN THE STUDY AREA Soil ID Number1 Soil Name Occurrence Ground-water Depth Hydric, Hydric Inclusions, or Non- hydric2 4 Arents, 0 to 5 percent slopes Soil material was dug from several areas that have different kinds of soil 18 to 36 inches Non-hydric 11 Chobee loamy sand, frequently ponded, 0 to 1 percent slopes Small to large depressional areas along poorly defined drainageways and on low lying flats 0 inches Hydric 13 Floridana sand, frequently ponded, 0 to 1 percent slopes Nearly level soils in wet depressional areas and on broad low flats 0 inches Hydric 16 Hilolo loamy sand Poorly drained, nearly level soils on hammocks and along borders of depressional areas and sloughs 0 to 12 inches Hydric 21 Lawnwood and Myakka sands Poorly drained, nearly level soils in low hammocks 6 to 18 inches Non-Hydric 32 Pineda sand, 0 to 2 percent slopes Poorly drained, nearly level soils in low hammocks 0 to 12 inches Hydric 36 Pople sand Poorly drained, nearly level soils on flatwoods and in sloughs 0 to 12 inches Hydric 37 Riviera sand, frequently ponded, 0 to 1 percent slopes Poorly drained, nearly level soils in depressional areas 0 inches Hydric 38 Riviera fine sand, 0 to 2 percent slopes Poorly drained, nearly level soils in hammocks and along drainage ways 0 to 12 inches Hydric 55 Winder loamy sand Nearly level soil in hammocks and along drainage ways 12 to 18 inches Hydric Inclusions 1: Reference: USDA/NRCS Soil Survey of St. Lucie County, Florida 2: Reference: Hydric Soils of Florida Handbook, 4th Edition, March 2007 Page 150 of 213 Sundew Solar Energy Center Environmental Impact Report 7 | Page Vegetative Cover and Natural Communities The existing land use and cover types found on-site were mapped using the Florida Land Use, Cover and Forms Classification System (FLUCFCS) developed by the Florida Department of Transportation (FDOT). Project land use and cover types were assessed through a combination of desktop aerial analysis and field reconnaissance assisted by hand-held GPS. A FLUCFCS map of the site is attached (Figure 4). Due to the use of the project site for agricultural purposes, no natural communities are present. FLUCCS 211/224 – Improved Pasture/Abandoned Groves – (±392.9 acres) The primary land cover within the property is abandoned groves that have transitioned to improved pasture. Based on a review of historic aerial imagery from Google Earth, it appears that the existing citrus trees were removed from the project site starting in 2012. During site reconnaissance, it was confirmed that no citrus trees were present within the property and the subject site had transitioned to improved pasture that still exhibited the beds and furrows typical of a citrus grove. Currently, the site is used for cattle grazing. Ground cover consists of bahia grass (Paspalum notatum), cogon grass (Imperata cylindrica), and smut grass (Sporobolus indicus) with minor amounts of dog fennel (Eupatorium capillifolium), Brazilian pepper (Schinus terebinthifolia) and salt bush (Baccharis halimifolia) scattered throughout the property. The site is surrounded by a wind row of grand eucalyptus (Eucalyptus grandis). Jurisdictional Wetlands and Surface Waters The presence of wetlands was evaluated based on the Florida unified wetland delineation methodologies in accordance with Chapter 62-340, Florida Administrative Code (FAC) and the U.S. Army Corps of Engineers (USACE) 1987 Wetland Delineation Manual, and regional supplement. These methods take in to account the prevalence of wetland vegetation, hydric soil indicators, and wetland hydrology. Surface waters include both natural and man-made bodies of water such as streams, lakes, ponds, canals, and ditches. Based on this review, no jurisdictional wetlands and approximately 60 acres of surface waters were identified within the project area. The surface waters are further described below. FLUCCS 511 – Agricultural Ditches – (±21 acres) As part of the agricultural operations discussed above, numerous ditches are present within the property. These ditches likely served both drainage and irrigation functions during agricultural operations. Many of these ditches are currently covered with water lettuce (Pistia stratiotes). Brazilian pepper, torpedo grass (Panicum repens), and in more limited amounts primrose willow (Ludwigia sp.), were also observed along the banks of these ditches. Page 151 of 213 Sundew Solar Energy Center Environmental Impact Report 8 | Page Page 152 of 213 Sundew Solar Energy Center Environmental Impact Report 9 | Page FLUCCS 512 – Irrigation Furrows – (±38.9 acres) As described above, the site is currently used for cattle grazing, but still exhibits the beds and furrows historically associated with citrus production. These remnant irrigation furrows are scattered evenly throughout the site and can generally be characterized with slopes of approximately 1 foot vertical to 4 feet horizontal, or steeper, with varying degrees of standing water. Vegetation is mostly comprised of torpedo grass. Wetland Impacts and Permitting Although there are no wetlands to avoid within the project site, the existing surface water network of ditches has been taken into account during project design and existing ditch crossings have been used to the greatest extent practical to prevent additional fill within these surface waters. Direct impacts to approximately 35 percent of the on-site surface waters have been avoided by incorporating the existing ditch system described above into the proposed stormwater management system. Measures to eliminate or reduce surface water impacts include use of agriculturally disturbed uplands for the location of the solar facility to the greatest extent practicable, use of existing pathways where feasible, ditch crossings for electrical cables via horizontal directional drilling (HDD), and limiting the amount of grading and impervious materials throughout the Project Site. However, given the distribution of on-site agricultural ditches/furrows, it was not possible to entirely avoid surface waters without greatly compromising the energy production capability of the facility. As is shown on the proposed stormwater plans, due to age and inability to meet on-site stormwater needs, several culverts will be replaced because of the proposed project. Direct impacts will be limited to man-made agricultural furrows that have historically been used for irrigation purposes. Minimal impacts to the larger drainage ditches are proposed for the installation of culverts and other minor improvements. The current site plan proposes impacts to all 39 acres of irrigation furrows and 0.77 acres of fill to the remaining agricultural ditches. To help maintain positive drainage, the existing pump shed located at the southeast corner of the property will be relocated and replaced with an automated electric discharge pump. The pump will only be operated following storm events in which the Allapattah Canal stages above the control elevation of the site. The pump will operate at a rate equal to or less than the maximum allowable discharge. The pump will turn off when the water elevations in the Allapattah Canal are low enough for the stormwater system to resume gravity drainage operations. Impacts to surface waters identified within the project area will be included within the required permits through the Florida Department of Environmental Protection (FDEP). These surface waters are not federally jurisdictional and an approved jurisdictional determination (AJD) is currently being processed through the US Army Corps of Engineers (USACE). Page 153 of 213 Sundew Solar Energy Center Environmental Impact Report 10 | Page Floodplain Based on a review of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) panel 12111C0250J dated 2/16/2012, the entire site is located outside of the 100-year floodplain and is designated as Zone X, Areas of Minimal Flood Hazard. Project elevations will be maintained above the 100-year floodplain with minimal grading as required to provide positive site drainage. Wildlife and Listed Species The status and potential occurrence of wildlife species listed as endangered, threatened, or of special concern in the Project Site were determined by literature survey, agency records, agency websites, the Florida Natural Areas Inventory (FNAI) database (August 24, 2020), the U.S. Fish & Wildlife Service (USFWS) Information Planning and Conservation database (IPaC) August 24, 2020 and several field assessments. Based on a review of these online resources, there are no documented occurrences of listed species within the project vicinity. A formal Audubon’s crested caracara (Polyborus plancus audubonii) survey was conducted from January through April 2019. No nesting behavior was observed, and it was noted that no appropriate nesting habitat exists within the Project Site. Based on discussions with the USFWS during the fall of 2019, it was agreed that abbreviated monthly caracara surveys at the Project Site during the 2020 nesting season would be appropriate to ensure no significant changes in caracara behavior had occurred since the completion of the 2019 survey events. The abbreviated survey took place from January through April 2020 and no nesting behavior was observed. Coordination with USFWS is ongoing to ensure potential impacts to federally listed species are avoided. Kimley-Horn field biologists have also conducted a 15% gopher tortoise survey (conducted by an authorized gopher tortoise agent), as well as a general species survey of the site in April 2020. Species observed within the project site during these species surveys included a pair of foraging sandhill cranes (Grus canadensis), a red-shouldered hawk (Buteo lineatus), a great blue heron (Ardea herodias), cattle egrets (Bubulcus ibis), and black vultures (Coragyps atratus). Cattle were observed throughout the site and no gopher tortoises (Gopherus polyphemus) or gopher tortoise burrows were observed on-site. To reduce any potential impacts to the eastern indigo snake, the Standard Protection Measures for the Eastern Indigo Snake (August 2013) will be followed during construction. Table 2 lists species that, based on field reconnaissance and databased reviews, may occur on-site or in the vicinity of the project site and their likelihood of occurrence. Likelihood of occurrence is based on actual observation of the species, sign of the species (burrows, tracks, scat, etc.), observance of suitable habitat, or documented occurrences of the species within various databases. Page 154 of 213 Sundew Solar Energy Center Environmental Impact Report 11 | Page TABLE 2 POTENTIAL LISTED SPECIES OCCURRENCE Common Name Scientific Name Federal Status State Status Comments Likelihood of Occurrence Birds Audubon’s Crested Caracara Caracara cheriway T FT Observed On-site: Yes Observed in Proximity: Yes Habitat present: Marginal Habitat Type: Foraging Observed Florida Sandhill Crane Antigone canadensis pratensis - ST Observed On-site: Yes Observed in Proximity: Yes Habitat present: Marginal Habitat Type: Foraging Observed Little Blue Heron Egretta caerulea - ST Observed On-site: No Observed in Proximity: No Habitat present: Marginal Habitat Type: Nesting and foraging Medium Tricolored Heron Egretta tricolor - ST Observed On-site: No Observed in Proximity: No Habitat present: Marginal Habitat Type: Nesting and foraging Medium Wood Stork Mycteria americana T FT Observed On-site: No Observed in Proximity: No Habitat present: Yes Habitat Type: Foraging Medium Reptiles Eastern Indigo Snake Drymarcheron couperi T FT Observed On-site: No Observed in Proximity: No Habitat present: Marginal Habitat Type: Foraging only, no nesting habitat present Low American Alligator Alligator mississippiensis T(S/A) FT(S/A) Observed On-site: No Observed in Proximity: No Habitat present: Marginal Habitat Type: Ditches provide minimal foraging and nesting habitat Medium Gopher Tortoise Gopherus polyphemus C ST Observed On-site: No Observed in Proximity: No Habitat present: Marginal Habitat Type: Marginal nesting habitat on berms Low Federal Status: E = Endangered; T = Threatened; T(S/A) = Threatened due to Similarity of Appearance; SSC = Species of Special Concern; C = Candidate Species; NL = Not Listed. State Status: FE = Federally Endangered; FT = Federally Threatened; FT(S/A) = Federally Threatened due to Similarity of Appearance; ST = State Threatened. Note: Coordination is not required with FWC for Federally listed species. Page 155 of 213 Sundew Solar Energy Center Environmental Impact Report 12 | Page Environmental Impacts/Minimization and Mitigation Discussion As described above, existing natural communities are limited within the project site due to the historic use of the property as a citrus grove and the recent removal of citrus trees and introduction of cattle to the project site. No wetlands were identified on-site and the existing surface waters are man-made for the purposes of drainage and irrigation associated with the historic use of the site as a citrus grove. Brazilian pepper is scattered throughout the site and most of the ditches are full of water lettuce. No native trees are present within the proposed project area and existing trees around the perimeter of the site are comprised exclusively of eucalyptus. Proposed impacts to surface waters are limited to those impacts required to maintain access throughout the site as well as water flow. As such, numerous culverts will be lengthened to provide adequate space for truck traffic during construction. In addition, several existing culverts will require replacement due to age and inability to function. The proposed site entrance is located in the southeast corner of the project and currently only provides a 12’ wide access road. The minimum access road required for the site is 20’ and therefore, this culvert will be removed and replaced with a longer culvert able to provide the necessary road width for site access. Since no wetlands will be impacted by the proposed project, no mitigation is proposed. Similarly, no natural areas will be preserved as part of the proposed project, therefore, a Preserve Area Management and Monitoring Plan is not proposed. Page 156 of 213 EnvironmEntal rEsourcEs Final rEPort TO: Jodi Nentwick, Planning & Development Services Department THROUGH: Amy E. Griffin, Environmental Resources Director FROM: Jennifer McGee, Environmental Regulations Manager DATE: January 6, 2021 SUBJECT: FPL Sundew Solar Energy Center Major Site Plan MJSP-9202025852 Conditional Use CU-9202025851 Background The Environmental Resources Department (ERD) is in receipt of the December 22, 2020 date-stamped submittal from Planning and Development Services. The applicant is requesting approval of a Major Site Plan and Conditional Use to construct and operate a 74.5 MW Photovoltaic Solar Center in St. Lucie County. The facility is proposed to be located on approximately 470 acres (consisting of eleven (11) parcels). The subject site is located approximately one (1) mile west of the Glades Cut off Road and Carlton Road intersection in unincorporated St. Lucie County. The land is currently being utilized for agricultural purposes and consists of previous grove land, with agricultural ditches and furrows throughout. Findings An Environmental Impact Report consistent with Land Development Code 11.02.09.A.5 was provided by Kimley-Horn and Associates, Inc. The site consists of abandoned citrus groves that have been converted to pasture for cattle grazing. Although all the citrus trees have been removed, remnant agricultural furrows and irrigation ditches are still present throughout the site. Vegetation onsite consists of various pasture grasses with non-native eucalyptus trees along the perimeter. The proposed site does not contain any native trees meeting the mitigation thresholds outlined in Land Development Code 6.00.05.D; therefore, no tree mitigation is required. Preliminary surveys for listed species onsite were conducted, including species specific surveys for the federally listed Audubon’s Crested Caracara and the state listed gopher tortoise. Based on the lack of native habitat onsite and the results of these preliminary surveys, no impacts to listed species are expected to occur as a result of the proposed development. The applicant will conduct updated species-specific surveys as required per the applicable state and/or federal protocols prior to any site development work as required in the below condition of approval. Wetland and Other Surface Water (OSW) jurisdictional determinations were conducted in accordance with Chapter 62-340, Florida Administrative Code. Based on this review, no jurisdictional wetlands are present and approximately 60 acres of other surface waters (consisting of agricultural ditches and irrigation furrows) are present. An Environmental Resource Permit through the Florida Department of Environmental Protection is currently under review for the proposed impacts to other surface waters onsite and will be provided prior to commencement of development activities as detailed in the condition of approval below. Per Land Development Code 7.10.28, the applicant has requested a waiver from the Board of County Commissioners for required landscaping due to the remote site location and potential shading conflicts associated with landscaping and solar energy panels. Page 157 of 213 Recommendation ERD supports approval of the proposed Conditional Use and Major Site Plan with conditions as detailed below. Conditions of Approval Subject to resolution of the findings listed above, the following is a partial list of conditions of approval: 1) Within 60 days of issuance of a Vegetation Removal Permit or Exemption, all Category I listed invasive species shall be removed. 2) Prior to issuance of a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys, appropriate permits from state and federal agencies shall be required. 3) Prior to commencement of development, the applicant shall provide a copy of the final approved Environmental Resource Permit for impacts to other surface waters onsite shall be provided. Please contact Jennifer McGee at 772-462-3862 if you have any questions or if you would like to meet regarding the details on these requirements. Page 158 of 213 ST. LUCE COUNTY LAND DEVELOPEMTN CODE 3.01.03. - Zoning Districts. C. AG-5 AGRICULTURAL - 5. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per five (5) gross acres. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Agricultural production - crops. (01) b. Agricultural production - livestock and animal specialties. (02) c. Agricultural services. (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting and trapping. (09) g. Forestry. (08) h. Kennels. (0752) i. Research facilities, noncommercial. (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) l. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 7-10 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 7-10 in Section 7.04.00. 5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements. Landscaping Requirements are subject to Section 7.09.00. 7. Conditional Uses: a. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance. (4581) c. Airports and flying, landing, and take-off fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) Page 159 of 213 f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals. (287) (2) Food and kindred products. (20) (3) Lumber and wood products, except furniture. (24) i. Mining and quarrying of nonmetallic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel and accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) l. Camps - sporting and recreational. (7032) m. Off-road vehicle parks, except go-cart raceway operation or rentals (7999), subject to the requirements of Section 7.10.21. (999) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. o. Solar generation station subject to the requirements of Section 7.10.28. (999) p. Commercial composting facilities subject to the requirements of Section 7.10.34. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) d. Solar energy system subject to the requirements of Section 7.10.28. (999) e. Cargo containers subject to the requirements of Section 7.10.35. 7.09.00. 7. Conditional Uses: a. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00. a. Solar energy systems, subject to the requirements of Section 7.10.28. Page 160 of 213 7.10.28. - Solar Energy. The following provisions are intended to facilitate the commercial generation and distribution of solar power and the use of on-site solar energy systems to meet the energy demands of buildings and support facilities in the unincorporated County. All Solar equipment and devices shall comply with Florida Statutes and shall be certificated by the Florida Solar Energy Commission. A. Solar Generation Station. In addition to other applicable sections of this Code, a solar generation station shall be subject to the following provisions: 1. Solar generation stations shall require submittal of a Major Site Plan application concurrent with a Conditional Use Permit, when required. The development shall be subject to the following supplemental criteria: a. Physical access to a solar generation station shall be restricted by fencing or walls. Razor wire is prohibited. All fencing and wall details shall be provided for review and approval as part of the required site plan. b. The devices that capture energy and convert it to electricity shall not be placed in wetlands, environmentally sensitive resources or habitats, imperiled and critically imperiled habitats as defined by the Florida Natural Areas Inventory, and buffers. Any environmental impacts from such devices, or any component of a solar generation station, shall only be allowed in compliance with the provisions of the County's Comprehensive Plan and Land Development Code. c. All devices that capture and convert energy to electricity shall be located at least fifty (50) feet from any lot line under separate ownership, unless otherwise approved by the Board of County Commissioners. d. The maximum lot coverage by structures, including solar ground or pole mounted panels, for the zoning district may be waived by the Board of County Commissioners. The approved maximum lot coverage shall be shown on the site plan and specified in the resolution approving the development. e. All solar generation station sites must comply with the landscaping and screening requirements of the Land Development Code. The perimeter buffer landscaping requirements may be waived by the Board of County Commissioners, if it is shown to the satisfaction of the Commission that the adjoining property owners have no objection to the landscaping waiver. Interior vehicular use area landscaping requirements may be waived by the Commission, to the extent necessary to ensure optimal solar access. The Board of County Commissioners may require additional landscaping to enhance compatibility with adjacent land uses. f. On-site power lines shall be placed underground to the maximum extent possible. B. Solar Energy System. In addition to other applicable sections of this Code, a solar energy system shall be subject to the following provisions: 1. All solar panels and devices are considered structures and subject to the requirements for such, together with all other applicable building codes and ordinances, unless otherwise provided for in this Code. Solar panels installed on roofs are exempt from the building height requirements. Solar panels installed on rooftops shall be located two (2) feet from the roof edge. 2. Non-roof installed solar energy devices integrated into the architecture of the building, such as the walls of the building, shall be no greater than ten (10) feet above the maximum height requirements of the zoning district. 3. Ground or pole mounted systems shall be limited to a height of ten (10) feet above the base floor elevation of the primary structure. Page 161 of 213 4. Solar energy systems shall not be located in front or side corner yards of any parcel, unless the following are met: 1) the conditions of the side and back yards prohibit the installation of a system, and 2) the lot is one (1) acre or greater, and 3) adequate buffering along the adjacent roadway is provided, and 4) the location is approved by the Director of Planning and Development Services. 5. Solar ground and pole mounted systems less than six (6) feet in height may encroach into the side and rear setback area, but in no case shall the system be located closer than five (5) feet from the property line. Where the system is higher than six (6) feet in height the setback requirements of the zoning district shall apply. 6. Solar collectors may be co-located on communication towers, and parking lot and street light poles, in which case the height and setback requirements for said tower/pole shall apply. 7. All new exterior electrical lines and utility wires connecting a ground or pole mounted solar system to the building it serves shall be buried underground. 8. The Board of County Commissioners may allow for a modification of these accessory use provisions when the proposed solar energy system will serve buildings within a planned development project. The modification shall be identified on the site plan graphics and within the resolution granting approval to the planned development. 9. Waiver. In the event any of the provisions in this Section have the effect of prohibiting the installation of a solar energy system, the applicant shall have the right to apply for a waiver from these provisions to the Director of Planning and Development Services or designee. The Director may grant a waiver upon determining that strict application of the Code would result in prohibiting the installation of a solar energy system. 10. Landscape Waiver. The Environmental Resources Director may waive the landscaping requirements of the Land Development Code to the extent necessary to ensure optimal solar access. 11. Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by St. Lucie County shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the County for any future claims against said issuance of approval of the solar energy system that result from reliance on this section or any administrative decision lawfully made thereunder. (Ord. No. 10-034, Pt. A, 11-9-2010) Page 162 of 213 ACTIVE:12953007.1 February 1, 2021 Leslie Olson, AICP Director Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Florida Power & Light Company FPL Sundew Solar Energy Center Narrative & Justification Statement Dear Leslie: It is our pleasure to submit on behalf of our client, Florida Power & Light Company (“FPL”), a Conditional Use and Major Site Plan Review application to construct and operate a 74.5 MW Photovoltaic Solar Center (“Facility”) in St. Lucie County. The Facility is located on a property which is located approximately 1 mile west of the Glades Cut Off Road & Carlton Road intersection in unincorporated St. Lucie County. Our client, FPL, owns the property, the location of which is shown on Exhibit “A.” The land is currently being used for agricultural purposes. The Facility will create clean, renewable energy by converting sunlight via photovoltaic solar arrays into direct current (DC) electricity and converting it into alternating current (AC) utilizing power inverters. The zero-emissions electricity is then carried to the collector substation where the voltage is boosted for transmission through the electric grid. As outlined in the St. Lucie Comprehensive Plan, solar energy is a Targeted Industry in St. Lucie County. With this application, FPL proposes their fourth Solar Facility within St. Lucie County. Currently, the Loggerhead and Interstate Solar Facilities are open and operating and the Pelican Solar Facility is currently under construction. FPL is proud to operate their solar Our File Number: 00011490.00158 Writer’s Direct Dial Number: (772) 223-2213 Writer’s E-Mail Address: jlong@gunster.com Page 163 of 213 ACTIVE:12953007.1 Leslie Olson, AICP February 1, 2021 Page 2 facilities in a County that has established itself as a leader amongst the State with renewable energy. Land Use and Zoning The Future Land Use designation in the St. Lucie County Comprehensive Plan for this property is Agriculture-5 (“AG-5”). The zoning designation for this property is Agricultural-5 (“AG-5”). The AG-5 zoning district is compatible with the AG-5 land use designation. Within the AG-5 zoning district solar generation stations are available as conditional uses subject to the requirements of Section 7.10.28 of the St. Lucie Land Development Code (“LDC”). The LDC provides the following definition for Solar Generation Stations: An energy generation facility comprised of one (1) or more freestanding, ground mounted devices that captured solar energy and convert it to electrical energy for use in locations other than where it is generated. Solar generation stations typically utilize photovoltaic solar cells, but can also be combinations of light reflectors, concentrators and heat exchangers. A solar generation station is also known as a solar plant, solar generation plant, solar farm, solar power plant or solar thermal power plant. Section 3.01.00 of the St. Lucie County Land Development Code describes several types of uses that are available within the various zoning districts. There are permitted uses, conditional uses, accessory uses and structures, and public services and facilities. Section 3.01.01(d)3 provides that “Public services and facilities not meeting the provisions for transportation and utility rights of way or essential utility service facilities, including but not limited to those involving distribution substations, generation plants, treatment plants, or stormwater pumping stations shall be permitted within zoning districts only when listed as a permitted or a conditional use.” Therefore, this Facility is permitted, subject to obtaining a Conditional Use from St. Lucie County. The Facility complies with all of the Conditional Use criteria for approval standards; a consistency analysis is set forth in Exhibit “B.” Also, under Section 7.10.28 of the LDC, this facility requires the submittal of a Major Site Plan application concurrent with a Conditional Use if required. In addition, the following supplemental criteria need to be addressed: a. Physical access to a solar generation station shall be restricted by fencing or walls. Razor wire is prohibited. All fencing and wall details shall be provided for review and approval as part of the required site plan. b. The devices that capture energy and convert it to electricity shall not be placed in wetlands, environmentally sensitive resources or habitats, imperiled and critically imperiled habitats as defined by the Florida Natural Areas Inventory, and buffers. Any environmental impacts from such devices, or any component of a solar generation station, shall only Page 164 of 213 ACTIVE:12953007.1 Leslie Olson, AICP February 1, 2021 Page 3 be allowed in compliance with the provisions of the County's Comprehensive Plan and Land Development Code. c. All devices that capture and convert energy to electricity shall be located at least fifty (50) feet from any lot line under separate ownership, unless otherwise approved by the Board of County Commissioners. d. The maximum lot coverage by structures, including solar ground or pole mounted panels, for the zoning district may be waived by the Board of County Commissioners. The approved maximum lot coverage shall be shown on the site plan and specified in the resolution approving the development. e. All solar generation station sites must comply with the landscaping and screening requirements of the Land Development Code. The perimeter buffer landscaping requirements may be waived by the Board of County Commissioners, if it is shown to the satisfaction of the Commission that the adjoining property owners have no objection to the landscaping waiver. Interior vehicular use area landscaping requirements may be waived by the Commission, to the extent necessary to ensure optimal solar access. The Board of County Commissioners may require additional landscaping to enhance compatibility with adjacent land uses. f. On-site power lines shall be placed underground to the maximum extent possible. This proposed Facility can comply with the standards from Section 7.10.28 noted above with the following exception: • Section 7.10.28(d) provides that the maximum lot coverage by structures, including solar ground or pole mounted panels, for the zoning district may be waived by the Board of County Commissioners. • Section 7.10.28(e) provides that solar generation station sites must comply with landscaping and screening requirements of the LDC. However, it also provides that the perimeter buffer landscape requirements may be waived by the Board of County Commissioners if it is shown that the adjoining property owners have no objection to the landscaping waiver. Also, interior vehicular use area landscaping requirements may be waived to the extent necessary to insure optimal solar access. A waiver has been requested under this provision from all of the buffering requirements since this will be an unmanned, private, remote site. Siting and Design The Facility has been designed as set forth on the Conceptual Site Plan to be consistent with surrounding uses. The uniqueness of this Facility and its remote location means that Page 165 of 213 ACTIVE:12953007.1 Leslie Olson, AICP February 1, 2021 Page 4 the normal zoning lot dimensional and design requirements do not necessarily make sense as the use is not a typical agricultural or nonresidential use. As noted above, certain waivers may be sought from the County Commission to reflect the unique nature of this Facility. The low impact construction and operation of the Facility is consistent with the surrounding agricultural uses in the area. The Facility is located primarily on existing agricultural land set back from adjacent roads and buffered by existing natural vegetation on the south. There are no environmentally sensitive areas or wetlands on the property. The solar panels stand approximately two feet off the ground and are approximately six to seven feet in height. Solar facilities are very quiet, low traffic-generating uses. Typically, the only maintenance associated with a solar facility is vegetation management, along with as-needed component repairs and maintenance. There are minimal health or safety risks associated with the facility, and such risks are primarily associated with energized electrical equipment, which will be located within a fenced perimeter. The solar panels emit no odors or chemicals and all electricity conducted by the panels is distributed to the substation through insulated, buried lines. Construction and Operation The solar panels are assembled on site onto racks which are supported by metal “U” beams driven into the ground. The only land disturbance associated with the Facility is for the access roads, stormwater basins and a substation located on the northwest portion of this site. The internal roads, including the entrance road will be constructed at grade, as non-paved private roads for the exclusive use of maintenance personnel. This will be a non-manned facility so there will be no need for a sewer, septic connection or water connection. Access to the site will be obtained through existing easements. During construction FPL will maintain those roadways located outside the development and utilized by contractors, in a safe and passable way. Construction activities and deliveries to the site will generally occur during the daylight hours from 7am to 7pm during the construction period. Construction of this sized site will typically be accomplished in 9 months. Physical security at the site entrance will be maintained by security fencing and security guards during normal construction operating hours. Gates will be secured outside of normal working hours. As noted, the Facility is an un-manned facility. After construction the only vehicular traffic to the site will be for maintenance vehicles, and as such there are no minimum parking or loading needs for the Facility. The Facility is gated and not lit, with the exception of security lighting around the substation control building. Page 166 of 213 ACTIVE:12953007.1 Leslie Olson, AICP February 1, 2021 Page 5 Best regards, Josh Long Joshua I. Long, AICP JIL/op cc: Client Robert S. Raynes, Jr., Esq. Page 167 of 213 ACTIVE:12953007.1 Leslie Olson, AICP February 1, 2021 Page 6 Page 168 of 213 ACTIVE:12953007.1 Leslie Olson, AICP February 1, 2021 Page 7 Exhibit “B” FPL Sundew Conditional Use Standards Reply Letter 11.07.03. - Standards for Review of Conditional Use Permit. A conditional use permit shall be granted only if the applicant demonstrates the following: A. Consistency With Local Code and Comprehensive Plan. The proposed conditional use is in compliance with all requirements, and is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County; and is in compliance with all additional standards imposed on it by the particular provisions of this Code authorizing such use. REPLY: The Facility will provide alternative, clean energy that complies with the goals, objectives and policies set forth in the County’s Comprehensive Plan and Land Development Code. Specifically, Policy 6.1.1.2 which promotes “energy efficiency and sustainability,” and Policy 6.1.1.5 which encourages the County to implement “measures that would effectively reduce greenhouse gas emissions.” B. Effect on Adjacent Properties. 1. The proposed conditional use will not have an undue adverse effect upon nearby property. REPLY: The proposed Facility is a low impact use which is compatible with the agricultural uses of nearby properties. The solar panels do not produce any sound. The only sound associated with the Facility will be from the inverters and transformers which produce a very minimal level of sound, all within the limits of County regulations. There are no odors, traffic impacts or other nuisances associated with the proposed Facility. The only traffic associated with the Facility is for maintenance personnel. There is no density or intensity associated with the Facility. Page 169 of 213 ACTIVE:12953007.1 Leslie Olson, AICP February 1, 2021 Page 8 2. The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. REPLY: The existing land use pattern for the area is Agriculture, which provides for low impact uses compatible with the operations of a solar center. The only traffic to and from the site is for routine maintenance. By nature, photovoltaic solar facilities are passive, quiet, low traffic generating uses, which are compatible with agriculture uses. 3. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening. REPLY: The proposed Facility will create minimal impact to the surrounding area; that is, it is a passive facility located on existing agricultural land in a remote agricultural area of the County. The solar panels sit approximately two feet off the ground at their lowest point and are approximately six to seven feet tall at their tallest point. Additionally, the existing natural vegetation around the boundary of the site should provide enough natural landscaping to buffer the panels from adjacent properties. The property is within close proximity to an existing FPL transmission line, which limits the length and impact of additional infrastructure needed to transmit power generated by the Facility. 4. The proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. REPLY: The existing land use pattern for the area is Agriculture, which provides for low impact uses compatible with the operations of a solar center. Solar facilities are very quiet, low traffic generating uses that are compatible with surrounding agriculture uses. The solar panels emit no sounds, odors or chemicals. The solar panels stand approximately two feet off the ground at their lowest point and are approximately six to seven feet in height at their highest point and do not produce a glare or reflection. The only sound associated with the Facility will be from the inverters and transformers which produce a minimal level of sound that is within the limits of County regulations. Page 170 of 213 ACTIVE:12953007.1 Leslie Olson, AICP February 1, 2021 Page 9 C. Adequacy of Public Facilities. The proposed conditional use will be served by adequate public facilities and services, including roads, police protection, fire protection, solid waste disposal, water, sewer, drainage structures, parks and mass transit. REPLY: While the Facility is a public utility, no electrical, water or sewer public facility will be required to serve the site. D. Adequacy of Fire Protection. The applicant for the proposed conditional use has obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. REPLY: A Site Plan review application will be submitted to the St. Lucie County Fire District. E. Environmental Impact. For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed conditional use will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August 1982). REPLY: All required environmental permits necessary for the Facility will be obtained. Additionally, the Facility has been designed in accordance with all state and local stormwater regulations. Page 171 of 213 Page 1 ACTIVE 11657349.1 FPL Sundew Waiver Supplement Waiver Submittal Type  Landscape Requirements for Solar Generation (LDC 7.10.28.A.1.e) Justification a. Summarize any extraordinary hardships or practical difficulties which may result from strict compliance with the LDC regulations. RESPONSE: The FPL Sundew Solar Energy Center (“Facility”) is a photovoltaic solar center which is incompatible with tree canopy shade. The Facility is located in in a very remote agricultural portion of the County. Providing additional landscape and buffering is not necessary as there are no adjacent or planned residential or commercial projects that require buffering. b. Verify that the intent of the Regulations will be served to a greater extent through the implementation of the alternative proposal. RESPONSE: In 2010 St. Lucie County was certified as a Florida Green Local Government (Gold Level). The County Commission has adopted a ‘Greenprint” which sets forth a County-wide goal to support energy conservation and clean energy alternatives. Landscaping helps eliminate greenhouse gases and solar energy also helps eliminate greenhouse gases by producing clean, zero-emission energy. The amount of CO2 emissions eliminated each year by one 74.5 MW photovoltaic solar center is equivalent to the CO2 produced by 15,000 cars. The Facility will not impact the aesthetic character of surrounding property. Therefore, the intent of the regulations will be served. c. Substantiate that approval of the waiver will not be detrimental to the public interests. RESPONSE: The Facility is located on existing agricultural land and is located in a very remote, agricultural section of the County. There are no planned or approved residential or commercial projects in the area. The existing natural vegetation along the boundary of the property should be significant enough to shield the panels from adjacent properties. The solar panels will stand approximately two feet off the ground at their lowest point and will be approximately six to seven feet in height at their highest point and do not produce a glare or reflection. d. Confirm that the approval of the waiver will not nullify the intent of the Regulations Page 172 of 213 Page 2 ACTIVE 11657349.1 RESPONSE: The Facility is a photovoltaic solar center which is incompatible with tree canopy shade. The Facility is located in a very remote agricultural portion of the County. Providing landscape and buffering is not necessary as there are no adjacent or planned residential or commercial projects which to buffer and solar energy production helps eliminate greenhouse gases, which is also one of the intents of landscaping. Page 173 of 213 Page 174 of 213 Page 175 of 213 PREPARED BYCulpepper & Terpening, Inc2980 South 25th Street Fort Pierce, Florida 34982Tel. (772) 464-3537www.ct-eng.com PREPARED FORFlorida Power & Light a Next Era Energy Company700 Universe BlvdJuno Beach, Florida 33408www.fpl.com CU L P E P P E R & T E R P E N I N G , I N C . CO N S U L T I N G E N G I N E E R S , L A N D S U R V E Y O R S James P. Terpening, P.E. Florida Engineering No. 24276 EOR Responsibility: 100% (Pages 1-2) FPL SUNDEW SOLAR ENERGY CENTER MARTIN COUNTY, FLORIDA TRAFFIC IMPACT STATEMENT SEPTEMBER 2020C&T Project No. 19-164Certificate of Authorization No. 4286 This item has been digitally signed and sealed by James Parker Terpening, PE on 09/17/2020 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. Page 176 of 213 Page 2 of 2 Introduction Florida Power & Light Company (FPL) is proposing to develop a facility, known as FPL Sundew Solar Energy Center. The property consists of 473 acres of vacant parcels located approximately one mile west of Glades Cut-Off Road and Carlton Road intersection. The project proposes development of a solar energy facility. The current land use is in agricultural production, used for cattle grazing, with an Agricultural AG- 5 zoning and located within the unincorporated area of St. Lucie County. This traffic statement addresses the anticipated trips generated by the operations of the facility after buildout. Trip Generation Operations Normal operations are monitored remotely and require minimal deliveries and visits to the site. The expected average trip generation of the facility following buildout is 4 trips per month for maintenance purposes. Background Traffic Existing traffic from the project site uses a private unnamed access path (St. Lucie County ORB 36, Page 575) to head east until it reaches Carlton Road. Traffic will then turn south until it reaches Glades Cut-off Road Proposed traffic will exit the site to the east along the south property line via a St. Lucie County ROW per ORB 36, Page 577. Traffic will head east until it intersects with Glades Cutoff Road. Trip Distribution The distribution of trips on Glades Cutoff Road is conservatively estimated that approximately 80% of the overall trips will come from the north and 20% from the south. The distribution is based upon the existing location of the site in relativity to the city limits of the nearest city Fort Pierce, Florida. Trip distribution is anticipated to be as follows:  Glades Cutoff Road north of site: 80%  Glades Cutoff Road south of site 20% Results The result of a change in use from the cattle operations to an active solar energy center will have a deminimus impact based on the expected 4 trips monthly maintenance trips to and from the facility. Conclusions The development of the Sundew Solar Energy Center from the existing agricultural use to a solar energy center will result in an average of 4 trips per month which is negligible on the surrounding roadway network. Page 177 of 213 AREA 10 PE INVERTER SKID 150° AREA 1 AREA 2 AREA 3 AREA 4 AREA 5 AREA 6 AREA 7 AREA 8 AREA 11 AREA 12 AREA 15 AREA 16 AREA 17 AREA 13 AREA 14 PE INVERTER SKIDGE INVERTER SKID30 MOD PER STRINGBYD 325-34578.43" x 39.06"30 MOD PER STRING G U L F O F M E X I C O A T L A N T I C O C E A N 2980 SOUTH 25th STREET ● FORT PIERCE, FLORIDA 34981 PHONE 772-464-3537 ● FAX 772-464-9497 ● www.ct-eng.com STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 Page 178 of 213 X3X2X1X0H0 H3 H2H1 H3H2H1 X3X2X1X0H0 AREA 10 PE INVERTER SKID 150° AREA 1 AREA 2 AREA 3 AREA 4 AREA 5 AREA 6 AREA 7 AREA 8 AREA 11 AREA 12 AREA 15 AREA 16 AREA 17 AREA 13 AREA 14 PE INVERTER SKIDGE INVERTER SKID30 MOD PER STRINGBYD 325-34578.43" x 39.06"30 MOD PER STRING X BLDG/COR PUMP HOUSE ● ● ● 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 www.ct-eng.comFAX 772-464-9497PHONE 772-464-3537 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 Page 179 of 213 ● ● ● 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 www.ct-eng.comFAX 772-464-9497PHONE 772-464-3537 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 Page 180 of 213 ● ● ● 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 www.ct-eng.comFAX 772-464-9497PHONE 772-464-3537 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 Page 181 of 213 X3 X2 X1 X0H0 H3 H2 H1 H3 H2 H1 X3 X2 X1 X0H0 ● ● ● 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 www.ct-eng.comFAX 772-464-9497PHONE 772-464-3537 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 Page 182 of 213 ● ● ● 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 www.ct-eng.comFAX 772-464-9497PHONE 772-464-3537 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 Page 183 of 213 ● ● ● 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 www.ct-eng.comFAX 772-464-9497PHONE 772-464-3537 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 Page 184 of 213 X3 X2 X1 X0 H0 H3 H2 H1 H3 H2 H1 X3 X2 X1 X0 H0 BLDG/COR PUMP HOUSE ● ● ● 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 www.ct-eng.comFAX 772-464-9497PHONE 772-464-3537 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 Page 185 of 213 RI G H T O F W A Y 24' EXIST. NB & SB LANES 75'75' RI G H T O F W A Y 150' 8' STABILIZED SHOULDER 8' STABILIZED SHOULDER ● ● ● 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 www.ct-eng.comFAX 772-464-9497PHONE 772-464-3537 STATE OF FLORIDA BOARD OF PROFESSIONAL ENGINEERS AUTHORIZATION NO. 4286 Page 186 of 213 PREPARED BYCulpepper & Terpening, Inc2980 South 25th Street Fort Pierce, Florida 34982Tel. (772) 464-3537www.ct-eng.com PREPARED FORFlorida Power & Light a Next Era Energy Company700 Universe BlvdJuno Beach, Florida 33408www.fpl.com CU L P E P P E R & T E R P E N I N G , I N C . CO N S U L T I N G E N G I N E E R S , L A N D S U R V E Y O R S James P. Terpening, P.E. Florida Engineering No. 24276 EOR Responsibility: 100% (Pages 1-6) FPL SUNDEW SOLAR ENERGY CENTERST. LUCIE COUNTY, FLORIDA STORMWATER MAINTENANCE PLAN September 2020C&T Project No. 19-164Certificate of Authorization No. 4286 This item has been digitally signed and sealed by James Parker Terpening, PE on 09/18/2020 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. Page 187 of 213 FPL Sundew Solar Energy Center– Stormwater Maintenance Manual Page 1 of 6 Page 188 of 213 FPL Sundew Solar Energy Center– Stormwater Maintenance Manual Page 2 of 6 Page 189 of 213 FPL Sundew l Solar Energy Center– Stormwater Maintenance Manual Page 3 of 6 PROJECT Florida Power & Light Company (FPL) is proposing to construct the FPL Sundew Solar Energy Center (Project) on ± 473 acres in St. Lucie County, Florida. The Project will consist of solar photovoltaic arrays, a solar collector yard, stabilized access paths, and existing culverts and control structures. Operations inspections shall be conducted monthly to insure that the stormwater management system functions as designed. Spot inspections after heavy rainfall events shall also be performed. Facility access is via a St. Lucie County ROW per ORB 36, Page 577 from the project to Glades Cutoff Road. THE DRAINAGE SYSTEM The drainage system consists of a level graded sheet flow drainage condition that drains to east- west lateral ditches. The east-west lateral ditches then discharge to the site’s east or west perimeter ditches which drain south before discharging to the Allapattah Canal. The Allapattah flows west for approximately two miles west of the project outfall control structure prior to outfall to the C-23 Canal via two 66 inch CMP pipes with flashboard risers. An overview of the drainage system is depicted in the Post – Development Basin Map shown on page 2. The drainage system is designed to convey the site stormwater runoff overland via sheet flow into ditch/canal system on the site. The design features of the site include:  The solar fields drain to depressional storage areas with inline storm drains that will be constructed immediately upstream of the east-west lateral ditches at the furrow/ditch tie in locations;  The existing irrigation culverts 1A,3A,6A,7A, and 1B along the west irrigation canal have been abandoned to hydraulically separate the irrigation system from the drainage system;  Control Structure 9B has been modified to include a weir that is set at an elevation necessary to satisfy water quality and discharge requirements;  Twenty-five (25) existing drainage culverts are to be replaced;  Existing flashboard riser located throughout the project will have the boards removed to allow for optimal water conveyance throughout the system;  The existing agricultural fields are to be minimally graded to promote sheet flow to the existing east-west lateral ditches;  All drainage connections to the Helseth Ditch will be removed to allow for this ditch to serve as outfall conveyance for the property owner to the north; and  A pump discharge connection to the Allapatah Canal will be maintained in order to achieve proper recovery of the drainage system. The pump will operate within the water quantity parameters established in the analysis. OPERATION & MAINTENANCE PLAN Page 190 of 213 FPL Sundew l Solar Energy Center– Stormwater Maintenance Manual Page 4 of 6 OPERATION o GRADING Grading patterns will be established to direct the flow into existing lateral ditches. o STORAGE To accommodate the required water quality volume, water will be treated and stored within the existing agricultural ditches by structure 9B, a 60-inch flashboard riser with the weir elevation set to 22.29 NAVD. o DISCHARGE The drainage basin discharges from the site to the Allapattah Canal via Control Structure 9B that has been designed to regulate the discharge. The canal flows west from the control structure and ultimately discharges to the C-23 canal approximately two miles west of Control Structure 9B via an existing 5’ flashboard riser. The existing pump shed located at the southeast corner of the property will be relocated and replaced with an automated electric discharge pump. The pump is only to be operated following storm events in which the Allapattah Canal stages above the control elevation of the site. The pump will operate at a rate equal to or less than the maximum allowable discharge. The pump will turn off when the water elevations in the Allapattah Canal are low enough for the stormwater system to resume gravity drainage operations. MAINTENANCE Maintenance of the stormwater management facilities shall be performed, at a minimum, on a semi-annual basis and shall include the following: 1.Grassed areas should be mowed on a regular basis and maintained free from bare earth conditions to prevent potential erosion. 2.The need for vegetation removal or spraying should be determined. 3.A visual inspection of all culverts for silt and debris shall be performed. If silt or other debris is found, the pipes will be cleaned and flushed to ensure that all the material has been removed. 4.A visual inspection of all control structures for corrosion and debris build up shall be performed. If debris is found, the structures will be cleaned and flushed to ensure that all the material has been removed. 5.Inspect all surfaces of the agricultural ditches and canals to confirm that erosion has not occurred and that specified ground cover is in good condition. 6.Inspect the depressional storage areas and their inline storm drains to confirm that erosion has not occurred, sediment and debris has not accumulated, and that the specified ground cover is in good condition. 7.Inspect the condition, structural integrity, and performance of the recovery outfall pump to ensure that the pump is in good condition. 8.Any areas where erosion has occurred should be repaired with new sod. Other materials may be necessary based on the frequency of erosion. 9.Review the remaining site to ensure that no nuisance exotics have returned to the site. If exotics are found, they should be removed from the site. 10.File a semi-annual report for future review (as per the enclosed inspection report form): Page 191 of 213 FPL Sundew l Solar Energy Center– Stormwater Maintenance Manual Page 5 of 6 CONCLUSION The Sundew Solar Energy Center inspection protocol has been designed to provide long-term function of the stormwater management system. The periodic inspections are intended to provide the operator with the key areas of observation that are necessary to insure compliance with the permitted requirements of the South Florida Water Management District, St. Lucie County and the Florida Department of Environmental Protection. ______________________ James P. “Butch” Terpening, P.E. Florida Registration #24276 Date: This item has been digitally signed and sealed by James Parker Terpening, PE on 09/18/2020 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. Page 192 of 213 FPL Sundew l Solar Energy Center– Stormwater Maintenance Manual Page 6 of 6 SUNDEW SOLAR ENERGY CENTER INSPECTION REPORT Date of inspection: ___________ Inspector: ___________ 1. Culverts and Pipes Inspection Corrective Action required: YES NO Action taken: 2. Control Structure Inspection Corrective Action required: YES NO Action taken: 3. Sump Area Inspection Corrective Action required: YES NO Action taken: 4. Agricultural Ditch Inspection Corrective Action required: YES NO Action taken: 5. Canal Inspection Corrective Action required: YES NO Action taken: 6. Exotics Species Corrective Action required: YES NO Action taken: Note: If sink hole is discovered within the site, the Southeast District Office of the Florida Department of Environmental Protection shall be contacted within 48 hours of its discovery. Page 193 of 213 PREPARED BYCulpepper & Terpening, Inc2980 South 25th Street Fort Pierce, Florida 34982Tel. (772) 464-3537www.ct-eng.com PREPARED FORFlorida Power & Light a Next Era Energy Company700 Universe BlvdJuno Beach, Florida 33408www.fpl.com CU L P E P P E R & T E R P E N I N G , I N C . CO N S U L T I N G E N G I N E E R S , L A N D S U R V E Y O R S James P. Terpening, P.E. Florida Engineering No. 24276 EOR Responsibility: 100% FPL SUNDEW SOLAR ENERGY CENTERST. LUCIE COUNTY, FLDRAINAGE STATEMENT SEPTEMBER 2020C&T Project No. 19-164Certificate of Authorization No. 4286 This item has been digitally signed and sealed by James Parker Terpening, PE on 09/18/2020 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. Page 194 of 213 Page 1 of 2  FPL SUNDEW SOLAR ENERGY CENTER DRAINAGE STATEMENT The Florida Power & Light Company (“FPL”) is proposing a Solar Power Generation Facility (“Facility”) known as “FPL Sundew Solar Energy Center”. This facility lies within sections 17 and 18, Township 37S, Range 38E of St. Lucie County. The Facility is located approximately 5.4 miles southwest of the Glades Cut Off Road and Range Line Road intersection. From the north, the facility is located approximately 10.3 miles south of the Okeechobee Road and Carlton Road intersection and approximately 3 miles north of the St Lucie and Martin County line. The project site is surrounded by agricultural lands to the north, south, east, and west. Legal access to Glades Cutoff Road is provided through a Right-of-Way Easement per OR Book 36, Page 577 of the Official Records of St. Lucie County. The proposed Facility is located on a 473 acre site for development. Approximately 289 acres will be utilized for solar array installation and 130 acres will consist of open space uplands. The remaining 54 acres of the site will remain as undeveloped agricultural lands consisting of irrigation canals, drainage ditches, and drainage canals. The current land use is agricultural and is currently being utilized as a cattle pasture. The site is permitted and has historically operated and as a citrus grove under SFWMD Permit Number 56- 00077-S. The existing conditions of the site consists of a typical furrow and double row planting bed system that drains to 6 (six) east-west lateral ditches. The lateral ditches are hydraulically connected to canals that are located along the perimeter of the property. The perimeter canals drain to the south and discharge to the Allapattah Canal. The Allapattah Canal flows west for two miles and discharges to the SFWMD C-23 Canal. As previously stated, the site has been developed and operates in compliance with the SFWMD Surface Water Permit 56-00077-S issued on April 14th, 1977. The site topography ranges from a high of 24 NAVD at the top of the highest raised rows, to a low of 21.5 NAVD at the bottom of the lowest furrows. The site is divided into two (2) drainage basins which total 473.11 acres of the 483.87 acre site. The remaining 10.76 acres consisting of irrigation canals, drainage ditches, and drainage canals The existing drainage system can generally be described as sheet flow into grove furrows that drain to six (6) east-west lateral ditches. The east-west lateral ditches discharge to the site’s perimeter canal system that flows south and discharges to the Allapattah Canal that parralels the south property line. The Allapattah Canal continues to flow west for two miles before it outfalls to the C-23 Canal via one 36 inch CMP pipe. The proposed Facility will utilize the site’s existing drainage infrastructure to convey water through the site via the existing lateral ditches, canals, flashboard risers and culverts. The pre- development basin boundaries and permitted discharges rates will remain the same for the post- development condition. Page 195 of 213 Page 2 of 2  Water will be treated with wet retention by constructing a control structure at the project site’s outfall to address water quality and attenuation requirements. Additionally, the restoration of the cattle pastures to a natural sheet flow grassland system improves the water quality by providing additional soil storage. The Allapattah Canal is an outfall conveyance canal that serves 2.7 square miles of agricultural lands. Most properties have the ability to pump it’s generated stormwater discharge into this canal following heavy rainfall events. As a result, the Allapattah Canal stage elevations following storm events becomes directly influenced by the agricultural operations of adjacent property owners. To achieve proper recovery of the drainage system in the post development condition, the applicant would like to reserve the option to maintain a pump discharge connection to the outfall canal. The pump will operate within the parameters established in the analysis of this report. Submitted by: ______________________________ James “Butch” P. Terpening, Jr., P.E. Florida Registration #24276 EOR Responsibility – 100% Pages 1-2 This item has been digitally signed and sealed by James Parker Terpening, PE on 09/18/2020 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies. Page 196 of 213 LEROY 80 EXCEPTION # 1160'CANAL EASEMENT(ORB 12, PG 513) EXCEPTION # 1260'ROAD EASEMENT(ORB 12, PG 517) EXCEPTION # 1260'ROAD EASEMENT(ORB 12, PG 517) EXCEPTION # 1460'ROAD EASEMENT(ORB 12, PG 530) EXCEPTION # 15PARCEL 1A60'ROAD EASEMENT(ORB 12, PG 534)(ORB 28, PG 633)(ORB 36, PG 132)(ORB 205, PG 542)(ORB 205, PG 552) EXCEPTION # 15PARCEL 2A30' CANAL EASEMENT(ORB 12, PG 534)(ORB 28, PG 633)(ORB 36, PG 132)(ORB 205, PG 542)(ORB 205, PG 552) EXCEPTION # 16100' ROAD RIGHT OF WAY(ORB 179, PG 2854) EXCEPTION # 2010' FP&L EASEMENT(ORB 484, PG 1750) EXCEPTION # 860'ROAD EASEMENT(ORB 11, PG 321) EXCEPTION # 860' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 21PARCEL 1A60'ROAD EASEMENT(ORB 11, PG 321) EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 860'ROAD EASEMENT(ORB 11, PG 321) EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 21PARCEL 1C30'ROAD EASEMENT(ORB 11, PG 321) EAST 30' OF 60' ROAD & CANAL EASEMENT (P) RELEASED PERORB 2934, PG 408 EAST 30' OF 60' ROAD & CANAL EASEMENT (P) RELEASED PERORB 2934, PG 408 EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 960'ROAD EASEMENT(ORB 36, PG 132) EXCEPTION # 960'ROAD EASEMENT(ORB 36, PG 132) EXCEPTION # 860'ROAD EASEMENT(ORB 11, PG 321) EXCEPTION # 960'ROAD EASEMENT(ORB 36, PG 132) EXCEPTION # 930' CANAL EASEMENT(ORB 36, PG 132) 120' RIGHT OF WAY(ORB 36, PG 577) (ORB 2934, PG 408) 120' RIGHT OF WAY(ORB 36, PG 577) 130' RIGHT OF WAY (ORB 36, PG 578) 130' RIGHT OF WAY(ORB 36, PG 578) 30' ROAD EASEMENT(ORB 78, PG 557) 30' ROAD EASEMENT(ORB 78, PG 557) 30' ROAD EASEMENT (ORB 78, PG 559) 30' ROAD EASEMENT(ORB 78, PG 559) 120' RIGHT OF WAY(ORB 36, PG 576) EXISTING ACCESS ROADEXITS EASEMENT EXCEPTION # 10120' RIGHT OF WAY(ORB 36, PG 479)(ORB 1271, PG 1632) 120' RIGHT OF WAY (ORB 36, PG 479)(ORB 1271, PG 1632)(ORB 2934, PG 408) 130' RIGHT OF WAY(ORB 36, PG 479)(ORB 1271, PG 1632) EXCEPTION # 1830' CANAL EASEMENT(ORB 110, PG 91) EXCEPTION # 1860'ROAD EASEMENT(ORB 110, PG 91) EXCEPTION # 1860'ROAD EASEMENT(ORB 110, PG 91) EXCEPTION # 1860'ROAD EASEMENT(ORB 110, PG 91) EXCEPTION # 1860'ROAD EASEMENT(ORB 110, PG 91) 60'ROAD EASEMENT(ORB 110, PG 93) 10' FPL EASEMENT(ORB 3810, PG 1258)(ORB 3823, PG 1610) N 89°31'46" W 2639.75'(D)(M) 2640.14'(P)N 89°49'48" W 2651.94'(D)(M) S 0 1 ° 3 6 ' 4 4 " W 5 3 0 0 . 8 3 ' ( D ) ( M ) S 89°31'07" E 2687.45'(D) S 89° 31' 06" E 2687.36'(M) N 88° 35' 29" E 1279.40'(M) N 89°15'37" E 1337.03'(M) GATE GATE GATE GATE GATE GATE N 0 2 ° 0 1 ' 4 0 " E 2 4 7 8 . 5 3 ' ( M ) S 89° 49' 07" E 1326.07'(M)N 89° 50' 30" W 1325.87'(M)GATE N 0 0 ° 0 7 ' 3 4 " E 3 6 9 3 . 0 9 ' ( D ) N 0 0 ° 0 7 ' 3 1 " E 3 6 9 2 . 9 8 ' ( M ) S 89°48'41" E 5226.28'(M) S 0 ° 5 7 ' 0 6 " W 94 9 . 8 5 ' ' ( M ) S 89°56'36" W 5169.88'(M) N 01°27'42" E, 45.16'(M) 60'ROAD EASEMENT (ORB 11, PG 321) S 89°21'03" E 2670.79'S 89°21'03" E 2670.79' N 0 1 ° 0 1 ' 1 9 " E 1 6 8 7 . 9 6 ' S 89°21'43" E 2675.51' FNC. CORNER11.0'N, 57.3'W N 89°48'41" E 5393.89' 31 32 33 3456 7 8 9 10 1 30 29 28 34 27 LEROY 80 EXCEPTION # 1160'CANAL EASEMENT(ORB 12, PG 513) EXCEPTION # 1260'ROAD EASEMENT(ORB 12, PG 517) EXCEPTION # 1260'ROAD EASEMENT(ORB 12, PG 517) EXCEPTION # 1460'ROAD EASEMENT(ORB 12, PG 530) EXCEPTION # 15PARCEL 1A60'ROAD EASEMENT(ORB 12, PG 534)(ORB 28, PG 633)(ORB 36, PG 132)(ORB 205, PG 542)(ORB 205, PG 552) EXCEPTION # 15PARCEL 2A30' CANAL EASEMENT(ORB 12, PG 534)(ORB 28, PG 633)(ORB 36, PG 132)(ORB 205, PG 542)(ORB 205, PG 552) EXCEPTION # 16100' ROAD RIGHT OF WAY(ORB 179, PG 2854) EXCEPTION # 2010' FP&L EASEMENT(ORB 484, PG 1750) EXCEPTION # 860'ROAD EASEMENT(ORB 11, PG 321) EXCEPTION # 860' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 21PARCEL 1A60'ROAD EASEMENT(ORB 11, PG 321) EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 860'ROAD EASEMENT(ORB 11, PG 321) EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 21PARCEL 1C30'ROAD EASEMENT(ORB 11, PG 321) 18 17 16 EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 830' CANAL EASEMENT(ORB 11, PG 321) EXCEPTION # 960'ROAD EASEMENT(ORB 36, PG 132) EXCEPTION # 960'ROAD EASEMENT(ORB 36, PG 132) EXCEPTION # 860'ROAD EASEMENT(ORB 11, PG 321) EXCEPTION # 960'ROAD EASEMENT(ORB 36, PG 132) EXCEPTION # 930' CANAL EASEMENT(ORB 36, PG 132) 120' RIGHT OF WAY(ORB 36, PG 576) EXISTING ACCESS ROADEXITS EASEMENT EXCEPTION # 10120' RIGHT OF WAY(ORB 36, PG 479)(ORB 1271, PG 1632) EXCEPTION # 1830' CANAL EASEMENT(ORB 110, PG 91) EXCEPTION # 1860'ROAD EASEMENT(ORB 110, PG 91) EXCEPTION # 1860'ROAD EASEMENT(ORB 110, PG 91) EXCEPTION # 1860'ROAD EASEMENT(ORB 110, PG 91) EXCEPTION # 1860'ROAD EASEMENT(ORB 110, PG 91) 60'ROAD EASEMENT(ORB 110, PG 91) S 89°56'33" W 5170.03'(D) S 89°48'55" E 5227.42'(D) S 0 1 ° 0 1 ' 1 9 " W 950 . 2 5 ' ( D ) N 0 2 ° 0 1 ' 3 4 " E 2 4 7 8 . 5 5 ' ( D ) N 88°36'09" E 1280.28'(D) N 01°30'31" E, 45.31'(D) N 89°15'30" E 1336.22'(D) EAST 20' OF 80' ROAD & CANALEASEMENT RELEASED PERORB 2934, PG 408 EAST 20' OF 80' ROAD & CANAL EASEMENT RELEASED PERORB 2934, PG 408 SOUTH 40' OF 80' ROAD & CANAL EASEMENT RELEASED PERORB 2934, PG 408 N 0 1 ° 0 1 ' 1 9 " E 2 7 2 1 . 3 8 ' ( D ) ( M ) LA N D S U R V E Y O R S A N D L A N D P L A N N E R S SHEET: JOB NUMBER: APPROVED BY:G.P.WILLIAMS FIELD BOOK/PAGES DRAWN BY: SCALE: DATE:05/19/2020 RE V I S I O N S BY : DA T E : CE R T I F I C A T E O F A U T H O R I Z A T I O N N O . L B 4 2 4 1 PH O N E ( 5 6 1 ) 4 7 8 - 7 1 7 8 22 5 7 V I S T A P A R K W A Y , S U I T E 4 WE S T P A L M B E A C H , F L O R I D A 3 3 4 1 1 We b S i t e : w w w . f r s s u r v e y . c o m DATA COLLECTED T.C.MULLIN AS SHOWN 1. BEARINGS SHOWN HEREON REFER TO SOUTH 89°46'43" EAST ALONG THE NORTH LINE OF SECTION 5, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. ALSO BEING REFERENCED TO FLORIDA STATE PLANE GRID SYSTEM, FLORIDA EAST ZONE, NAD83/2011 ADJUSTMENT, ALL OTHER BEARINGS ARE RELATIVE THERETO. 2.THE LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THIS FIRM FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD THAT MAY AFFECT THE SUBJECT SITE. 3.COORDINATES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE GRID SYSTEM, FLORIDA EAST ZONE, NAD83/2011 ADJUSTMENT, 4.THIS SURVEY WAS PERFORMED UTILIZING TRIMBLE REAL TIME KINEMATIC GPS (RTK GPS) SURVEY EQUIPMENT FOR THE HORIZONTAL AND VERTICAL INFORMATION SHOWN HEREON. ALL BEARINGS AND DISTANCES SHOWN HEREON ARE GRID UNLESS OTHERWISE STATED. SCALE FACTOR: 0.99996498 GROUND DISTANCE X 0.99996498 = GRID DISTANCE ALL DEED (D) AND MEASURED (M) DISTANCES SHOWN HEREON ARE GROUND MEASUREMENTS. 5.HORIZONTAL AND VERTICAL CONTROL: NATIONAL GEODETIC SURVEY (NGS) MONUMENTS USED FOR THIS SURVEY ARE DESIGNATIONS "C T2", "CULPEPPER" AND "CHIP" C T2 (PID AA7674):CHIP (PID AA7677): N 1076483.587 N 1076522.208 E 792815.588 E 824250.448 EL = 27.56 (NAVD88)EL = 23.75 (NAVD88) CULPEPPER (PID AB2475) N 1076497.019 E 795936.756 6.THE ATTACHED AERIAL IMAGE IS SHOWN FOR CLARITY ONLY AND IS NOT PART OF THIS SURVEY. IMAGES WERE OBTAINED FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND BOUNDARY INFORMATION SYSTEM (LABINS). THE FOLLOWING IMAGES WERE USED: OP2011_NC_085126_24.sid OP2011_NC_085127_24.sid OP2011_NC_085128_24.sid OP2011_NC_085426_24.sid OP2011_NC_085427_24.sid OP2011_NC_085428_24.sid OP2011_NC_085726_24.sid OP2011_NC_085727_24.sid OP2011_NC_085728_24.sid OP2012_NC_186026_24.sid OP2012_NC_186027_24.sid 7.THE INTERIOR SWALES/DITCHES, CULVERTS AND FENCES ARE NOT SHOWN AT THE REQUEST OF THE CLIENT. 8.THE RIGHT-OF-WAYS, EASEMENTS AND ENCUMBRANCES SHOWN HEREON ARE ACCORDING TO THE TITLE COMMITMENT REPORT PREPARED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY, COMMITMENT NUMBER 7082208, EFFECTIVE DATE OCTOBER 21, 2019 @ 08:00 AM, ALL RIGHT-OF-WAYS AND ENCUMBRANCES OF A PLOTTABLE NATURE CONTAINED THEREIN ARE SET FORTH IN THIS SURVEY. 9. THE LOCATION OF THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 37 SOUTH, RANGE 38 EAST, WAS ESTABLISHED BY FOUND LOCAL CONTROL POINTS (SHIP SPIKE AND WASHERS, PK NAIL AND DISK AND IRON RODS AND CAPS) AS SHOWN ON THE REFERENCE MATERIAL LISTED. 10. SURVEYOR WAS NOTIFIED BY 811 UNDERGROUND UTILITY MARKING SERVICE THAT THERE ARE NO UNDERGROUND PUBLIC UTILITIES ON SUBJECT PARCEL. 11.THERE ARE NO GAPS, GORES OR HIATUSES. 1" = (SCALE IN FEET) GRAPHIC SCALE 0 1200' 1200 480024001200600 NO R T H 31 6 5 32 32 5 4 33 30' CANAL EASEMENT (ORB 11, PG 321) (ORB 36, PG 132) (ORB 110, PG 91) 60' ROAD EASEMENT (ORB 11, PG 321) (ORB 36, PG 132) (ORB 110, PG 91) 8 17 16 9 36'(N), 39'(W) N. 1/4 COR. SEC. 16 TWP. 37S./RGE. 38E. 60' ROAD EASEMENT (ORB 36, PG 132) L 10' FPL EASEMENT (ORB 3810, PG 1258) (ORB 3823, PG 1610) 16 NORTH 1/4 COR. SEC. 16/TWP. 37S./RGE. 38E. FND. 3"x 3" C.M. W/IRON PIN, "NO ID" NORTH 1/4 COR. SEC. 9/TWP. 37S./RGE. 38E. FND. 5/8" IRON ROD/CAP, STAMPED "CARTER" ALSO FND. 5/8" IRON ROD/CAP STAMPED "CARTER", 37.13'(S), 0.29'(W) ALSO FND. BENT 5/8" IRON ROD "NO ID", 6.30'(N), 4.37'(E) 9 4 60' ROAD EASEMENT (ORB 11, PG 321) (ORB 12, PG 530) PARCEL 1A 60' ROAD EASEMENT (ORB 12, PG 534) (ORB 28, PG 633) (ORB 36, PG 132) (ORB 205, PG 542) (ORB 205, PG 552) 60' CANAL EASEMENT (ORB 11, PG 321) NORTHEAST COR. SEC. 5/TWP. 37S./RGE. 38E. SET 5/8" IRON ROD/CAP, STAMPED "FRS" ALSO FND. 1/2" IRON PIPE "NO ID", 37.13'(S), 0.29'(W) 75'EAST OF N. 1/4 COR. SEC. 33 TWP. 37S./RGE. 38E. 60' ROAD EASEMENT (ORB 110, PG 91) 30' CANAL EASEMENT (ORB 11, PG 321) 4 33 33 28 (C. R . 7 0 9 ) (CO U N T Y P A V E D & M A I N T A I N E D R O A D ) GLA D E S C U T - O F F R O A D C CARLTON ROAD, 60' EASEMENT (O.R.B. 110, PG. 91), SOUTH (D) S 00°03'59" W, 4487.76'(M) L 30' CANAL EASEMENT (O.R.B. 11, PG. 321) N.E. CORNER, SECTION 16 *PRIMARY ACCESS POINT TO GROVES EXISTING ACCESS ROAD EASEMENT 120' RIGHT OF WAY, (O.R.B. 36, PG. 479) (O.R.B. 36, PG. 573), (O.R.B. 1271, PG. 1632) SITE AREA = 40,219,662 sf. (923.316 ac.) SITE EASEMENT AREA = 2,322,888 sf. (53.326 ac.) SITE AREA WITHOUT EASEMENTS 37,896,774 sf. (869.990 ac.) 13 24 19 18 12 13 18 7 7 18 17 8 18 19 20 17 17 20 21 16 20 17 17 8 NORTH 1/4 COR. SEC. 4/TWP. 37S./RGE. 38E. SET 5/8" IRON ROD/CAP, STAMPED "FRS" C CARLTON ROAD 60' ESMT. EAST 2651.05'(D) N 89°14'13" E 2649.46'(M) CARLTON ROAD (C.R. 613) (COUNTY PAVED & MAINTAINED ROAD) NOTE: EASEMENT AS RECORDED IN O.R.B. 11, PG. 321 CONTINUES NORTHERLY C C A R L T O N R O A D 6 0 ' E A S E M E N T NO R T H 2 ° W E S T , 5 3 1 8 . 5 ' ( D ) N 0 0 ° 4 6 ' 5 5 " W , 5 3 1 2 . 7 0 ' ( M ) L C C A R L T O N R O A D , 6 0 ' E A S E M E N T NO R T H , 5 5 6 5 . 2 5 ' ( D ) N 0 0 ° 4 2 ' 3 9 " E 5 5 6 4 . 1 3 ' ( M ) L SOUTH 89°46'43" EAST NORTH LINE SECTION 5 (BASIS OF BEARINGS) C C A R L T O N R O A D , 6 0 ' E A S E M E N T NO R T H , 5 3 0 2 . 8 5 ' ( D ) N 0 0 ° 3 3 ' 5 7 " E 5 2 9 8 . 4 3 ' ( M ) L S 89°21'23" E, 2745.76'(M) EAST (D) 60' EASEMENT C CARLTON ROADL C. & S . F . F . C . D . C A N A L N o . C - 2 3 (C O U N T Y P A V E D & M A I N T A I N E D R O A D ) (C . L . 2 8 0 ' W I D E R I G H T - O F - W A Y ) ACCESS ROAD EXIT EASEMENT 30' CANAL EASEMENT (ORB 11, PG 321) 60' ROAD EASEMENT (ORB 11, PG 321) (ORB 110, PG 91) CM CONCRETE MONUMENT (D)DEED FND.FOUND IP IRON PIPE IR/CAP IRON ROD & CAP LB LICENSED BUSINESS (M)MEASURED ORB OFFICIAL RECORDS BOOK (P)PLAT PG.PAGE 18 8 8 18 8 9 18 8 9 18 9 10 9 8 8 8 8 18 TO: FIDELITY NATIONAL TITLE INSURANCE COMANY; DPW LAW FIRM; RIDGE FARMS, LLC; AND DOUBLE HOOK REALTY, LLC, A DELAWARE LIMITED LIABILITY COMPANY. THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 6(a), 6(b), 7(a), 7(b)(1), 7(c), 8, 9, 10(a), 10(b), 11, 13, 14, 16, 17, 18, AND 19 OF TABLE A THEREOF. THE FIELDWORK WAS COMPLETED ON JULY 21, 2018. THE UNDERSIGNED HEREBY CERTIFIES THAT THIS SURVEY MEETS THE TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J-17, F.A.C. BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027, FLORIDA STATUTES. NOT VALID UNLESS SEALED WITH SURVEYOR'S EMBOSSED SEAL AND SIGNATURE. DATE OF MAP: JULY 31, 2018. FOR THE FIRM FLORIDA CERTIFICATION No. 4817 GARY P. WILLIAMS, R.L.S. F.R.S. AND ASSOCIATES, INC. D:\Survey Jobs\Double Hook AKA KGI-Oldchester\18-003 Boundary Survey - Standard\18-003 FPL Sundew Solar Project Survey.dwg, Boundary Sheet 1, 5/25/2020 1:30:05 PM, F.R.S. & Associates, Inc., {561} 478-7178 Page 197 of 213 LA N D S U R V E Y O R S A N D L A N D P L A N N E R S SHEET: JOB NUMBER: APPROVED BY:G.P.WILLIAMS FIELD BOOK/PAGES DRAWN BY: SCALE: DATE:05/19/2020 RE V I S I O N S BY : DA T E : CE R T I F I C A T E O F A U T H O R I Z A T I O N N O . L B 4 2 4 1 PH O N E ( 5 6 1 ) 4 7 8 - 7 1 7 8 22 5 7 V I S T A P A R K W A Y , S U I T E 4 WE S T P A L M B E A C H , F L O R I D A 3 3 4 1 1 We b S i t e : w w w . f r s s u r v e y . c o m DATA COLLECTED T.C.MULLIN AS SHOWN LEGAL DESCRIPTION PARCEL 1: The East 1/2 of the North 1/2 of Block 4, Plat of New Deal Groves, according to the plat thereof as recorded in Plat Book 12, page 53, of the Public Records of St. Lucie County, Florida. TOGETHER WITH a permanent easement and grant for and to the use of that certain deep well now situate on the West one-half (W 1/2) of the North one-half (N 1/2) of the South one-half (S 1/2) of Block 4, of said NEW DEAL GROVES, said use to be in common with the other owners of lands in said subdivision. PARCEL 2: Part of Section 17, Township 37 South, Range 38 East, more particularly described as follows: All that part of the East 1/2 of the East 1/2 of Section 17, lying South of the centerline of Carlton Road easement as recorded in Official Records Book 36, page 132, and North of a line described as follows: Beginning at a point 59.5 feet South of the Northeast corner of Section 17, thence run Southwesterly 2586.90 feet more or less to a point that is 153 feet South and 58 feet East of the North 1/4 corner. PARCEL 3: Section 17, Township 37 South, Range 38 East, St. Lucie County, Florida, all that part of the East 1/2 of the East 1/2 of the Section lying South of the centerline of Carlton Road easement, as in Official Records Book 36, page 132, of the Public Records of St. Lucie County, Florida. PARCEL 5: TOGETHER WITH a non-exclusive easement for ingress and egress and drainage and irrigation in accordance with its terms as contained in that certain Cooperative Improvement and Trust Agreement as recorded in Official Records Book 36, page 479 and Right of Way Deeds as recorded in Official Records Book 36, page 576, 577 and 578; as amended in Official Records Book 1271, page 1632, all as recorded in the Public Records of St. Lucie County, Florida. PARCEL 6: TOGETHER WITH a non-exclusive easement for ingress and egress, drainage and irrigation in accordance with its terms as recorded in Official Records Book 11, page 321 and Grant of Easement as recorded in Official Records Book 110, page 91, Public Records of St. Lucie County, Florida. PARCEL 7: TOGETHER WITH a non-exclusive easement for ingress and egress as recorded in Official Records Book 110, page 93, Public Records of St. Lucie County, Florida. PARCEL 8: All that part of the West 1/2 of the East 1/2 of Section 17, Township 37 South, Range 38 East, lying East of the centerline of existing road grade whose centerline is described as follows: Beginning at a point which is 58 feet East of the North 1/4 corner of said Section 17, thence run Southerly to the South 1/4 corner of said Section 17, Township 37 South, Range 38 East, less and except all that portion of Section 17, Township 37 South, Range 38 East, lying North of a line described as follows: Commencing at a point which is 59.5 feet South of the Northeast corner of Section 17, run West to a point which is 58 feet East and 153 feet South of the North 1/4 corner of Section 17 for the point of ending, all lying in St. Lucie County, Florida. PARCEL 9: All of Block 3, NEW DEAL GROVES, in Section 17, Township 37 South, Range 38 East, according to the Plat thereof, recorded in Plat Book 12, page 53, Public Records of St. Lucie County, Florida. TOGETHER with a permanent easement and grant for and to the use of that certain deep well now situate on the West 1/2 of the North 1/2 of the South 1/2 of Block 4 of said NEW DEAL GROVES, said use to be in common with the other owners of lands in said subdivision, as first conveyed by A.R. Helseth to Calhoun Norton by Warranty Deed dated September 15, 1964, recorded in Official Records Book 98, page 470, as affected by Partial Release recorded in O.R. Book 2934, Page 431, of the Public Records of St. Lucie County, Florida. TOGETHER with rights for ingress and egress and drainage as follows: i)Easement for roads and canals, recorded in Official Records Book 11, Page 321; ii)Easement for ingress and egress, drainage and irrigation contained within the Cooperative Improvement and Trust Agreement recorded in Official Records Book 36, Page 479, as amended in Official Records Book 1271, Page 1632 and as set forth in Right-of-Way deeds recorded in Official Records Book 36, Pages 576, 577 and 578; iii)Grants of Easement for ingress and egress recorded in Official Records Book 78, Pages 557 and 559; iv)Grants of Easement for ingress and egress recorded in Official Records Book 110, Pages 91 and 93; v)Temporary easement for ingress and egress as recorded in Official Records Book 79, Pages 70 and 72 and Official Records Book 110, Page 314, all of the above in Public Records of St. Lucie County, Florida. PARCEL 11: The West 1/2 of the North 1/2 and the South 1/2 of Block 4, New Deal Groves, according to the Plat thereof recorded in Plat Book 12, page 53, of the Public Records of St. Lucie County, Florida. (i)Together with Easement for Roads and Canals as recorded in O. R. Book 11, Page 321, Public Records of St. Lucie County, Florida, and more particularly described as follows: A parcel of land 60 feet in width extending 30 feet on each side of the center line of an existing dirt road measured at right angles thereto, said center line being specifically described as follows: (a)beginning at a point 58 feet East and 93 feet South of the North 1/4 corner of Section 17, Township 37 South, Range 38 East, thence run Easterly 2586.9 feet to a point 29.5 feet South of the Northeast corner of said Section 17; thence continue Easterly 2651.05 feet to a point 39 feet West and 36.5 feet North of the North 1/4 corner of Section 16, Township 37 South, Range 38 East; thence Northerly 5302.85 feet to the North 1/4 corner of Section 9, Township 37 South, Range 38 East, said North 1/4 corner being in the centerline of an existing dirt road; thence continue Northerly 5565.25 feet to a point 49 feet East of the North 1/4 corner of Section 4 in said Township and Range; thence North 2 degrees and no minutes West a distance of 5318.5 feet to a point 75 feet East of the North 1/4 corner of Section 33, Township 36 South, Range 38 East; thence continue North 1 degrees and 22 minutes East, 169.2 feet; thence North 4 degrees and 28 minutes West 1012.2 feet; thence North no degrees 06 minutes East 1520.0 feet; thence North 87 degrees 48 minutes West, 2584.0 feet to a point 36 feet East of the East line of Section 29, Township 36 South, Range 38 East; thence North 2 degrees 12 minutes East, 2499.0 feet; thence North 5 degrees 3 minutes West, 188.8 feet to a point 30 feet East of the Northeast corner of Section 29, Township 36 South, Range 38 East; thence run North 3 degrees 20 minutes East, 1473.8 feet; thence North 1 degrees 55 minutes East 2224.0 feet; thence North 0 degree 48 minutes East, 1478.2 feet, more or less, to a point on the South right of way line of Canal C-23, which point is 35 feet East of the East line of Section 20, Township 36 South, Range 38 East. It being agreed and understood by and between the parties hereto that the East 15 feet of that part of the above described lands beginning at the point 39 feet West and 36.5 feet North of the North 1/4 corner of said Section 16 and ending at the North 1/4 corner of said Section 33, constitutes a part of the drainage canal described in paragraphs 2(a) and 2(b) hereof and that said 15 feet shall be used only as a part of said drainage canal. A parcel of land 60 feet in width extending 30 feet on each side of the following described center line: Beginning at a point 39 feet West and 36.5 feet North of the North 1/4 corner of Section 16, Township 37 South, Range 38 East, thence run South to the North line of said Section 16; thence run East along the North line of said Section 16 to a point 30 feet West of the Northeast corner of said Section 16 thence run South 30 feet West of and parallel to the East line of said Section 16 to the Northerly right of way line of the road commonly known as the Glades Cut Off Road lying adjacent and parallel to the Florida East Coast Railway right of way running from Fort Pierce, Florida to Belle Glade, Florida. (c)A parcel of land 30 feet in width extending 15 feet on each side of the following described centerline: Beginning at a point 19 feet East and 144 feet North of the North 1/4 corner of Section 4, Township 37 South, Range 38 East, thence run Westerly 7870.51 feet, more or less, to a point in the West line of Section 32, Township 36 South, Range 38 East, which point is 45 feet North of the Southwest corner of said Section 32; Said parcel of land lying adjacent and parallel to that certain canal easement described in paragraph 2(c) of this easement. 1.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this form. 2.Taxes and assessments for the year 2018 and subsequent years, which are not yet due and payable. 3.Standard Exceptions: A.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting The Title that would be disclosed by an accurate and complete land survey of the Land. B.Rights or claims of parties in possession not shown by the public records. C.Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the public records. D.Taxes or assessments which are not shown as existing liens in the public records. 4.Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land. 5.Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 6.Terms and conditions set forth in Non-Exclusive Easement for Ingress, egress and Public Utilities recorded in Official Records Book 2934, Page 472. (Benefit Parcel 4). 7.Agreement between all owners of Real Estate of New Deal Groves Plat recorded in Official Records Book 2934, Page 378. (Parcels 1, 2, 3, 4, 8, 9, 10). 8.Easement for Roads and Canals recorded in Official Records Book 11, Page 321. (Parcels 1, 2, 3, 8, 9). 9.Easement for Roads and Canals recorded in Official Records Book 36, Page 132. (Parcels 1, 2, 3, 8, 9). 10.Cooperative Improvement and Trust Agreement recorded in Official Records Book 36, Page 479, amended in Official Records Book 1271, Page 1632. (Parcels 2, 3, 4, 8, 9, 10, 11). 11. 12.Right of Way Deed recorded in Official Records Book 36, Page 577. (Parcels 2, 3, 8, 11). 13.Right of Way Deed recorded in Official Records Book 36, Page 578. (Parcels 4, 10, 11). 14.Grant of Easement recorded in Official Records Book 78, Page 557. (Parcels 2, 3, 8, 11). 15.Grant of Easement recorded in Official Records Book 78, Page 559. (Parcels 2, 3, 8, 11). 16.All matters contained on the Plat of New Deal Groves, as recorded in Plat Book 12, Page(s) 53, as affected by Partial Release and Partial Termination of New Deal Groves Plat Canal and Road Easements recorded in 0. R. Book 2934, Page 408, and Termination of Restrictive Covenants of New Deal Groves Plat recorded in 0. R. Book 2934, Page 421, Public Records of St. Lucie County, Florida.(Parcels 1, 9, 11) 17. 18.Grant of Easement recorded in Official Records Book 110, Page 91. (Parcels 2, 3, 8, 10). 19.Grant of Easement recorded in Official Records Book 110, Page 93. (Parcels 2, 3, 8, 11). 20. 21.The nature, extent or existence of riparian rights is not insured. 22.Rights of tenants occupying all or part of the insured land under unrecorded leases or rental agreements. 23. NOTE:Exception 1 above shall be deemed deleted as of the time the settlement funds or proceeds of the loan to be secured by the insured mortgage, as applicable, are disbursed by the Company or its authorized agent. Neither the Company nor its agent shall, however, be under any duty to disburse any sum except upon a determination that no such adverse intervening matters have appeared of record or occurred. NOTES ON STANDARD EXCEPTIONS: Item 3A will be deleted from the policy(ies) upon receipt of an accurate survey of the Land acceptable to the Company. Exception will be made for any encroachment, setback line violation, overlap, boundary line dispute or other adverse matter disclosed by the survey. Items 3B, 3C, and 3D will be deleted from the policy(ies) upon receipt of an affidavit acceptable to the Company, affirming that, except as disclosed therein (i) no parties in possession of the Land exist other than the record owner(s); (ii) no improvements have been made to the Land within 90 days prior to closing which have not have been paid for in full; and (iii) no unpaid taxes or assessments are against the Land which are not shown as existing liens in the public records. Exception will be made for matters disclosed in the affidavit. NOTE:All recording references in this form shall refer to the public records of St. Lucie County, Florida, unless otherwise noted. PLOTTED ON SURVEY PLOTTED ON SURVEY PLOTTED ON SURVEY PLOTTED ON SURVEY NOT A SURVEY ISSUE NOT A SURVEY ISSUE ALL PLOTTABLE MATTERS SHOWN ON SURVEY. NOT A SURVEY ISSUE NOT A SURVEY ISSUE NOT A SURVEY ISSUE NOT A SURVEY ISSUE NOT A SURVEY ISSUE ALL PLOTTABLE MATTERS SHOWN ON SURVEY. ALL PLOTTABLE MATTERS SHOWN ON SURVEY. SCHEDULE B EXCEPTIONS TABLE PLOTTED ON SURVEY INTENTIONALLY DELETED. PLOTTED ON SURVEY PLOTTED ON SURVEY PLOTTED ON SURVEY PLOTTED ON SURVEY INTENTIONALLY DELETED PLOTTED ON SURVEY INTENTIONALLY DELETED NOT A SURVEY ISSUE NOT A SURVEY ISSUE 2.A non exclusive easement for discharging, drawing, flowing and pumping irrigation waters, and for the constructing, using, operating and maintaining a canal for the conveyance of drainage and irrigation water together with the right and license to use any and all canals existing or hereafter to be constructed on, over and under the following described property in St. Lucie County, Florida, to wit: (a)A parcel of land 30, feet in width extending 15 feet on each side of the following described centerline: Beginning in the South line of Section 9, Township 37 South, Range 38 East, 2.0 feet East of the South 1/4 corner of said Section 9, and 37 feet East of the centerline of an existing graded dirt road, said road being 60 feet in width, thence Northerly parallel with the centerline of said road 5339.35 feet to a point 37 feet East of the North 1/4 corner of said Section 9 and 37 feet East of the centerline of said road, thence continue Northerly paralleling said centerline of road 5565.25 feet to a point 86 feet East of the North 1/4 corner of Section 4, Township 37 South, Range 38 East, and 37 feet East of the centerline of said road. (b)A parcel of land 60 feet in width extending 30 feet on each side of the following described centerline; Beginning in the South line of Section 33, Township 36 South, Range 38 East, 101.0 feet East of the South 1/4 corner of said Section 33, and 52 feet East of the centerline of an existing dirt road, said road being 60 feet in width, thence Northerly parallel with the centerline of road aforesaid, 5218.0 feet to a point 127.0 feet East and 100.5 feet South of the North 1/4 corner of said Section 33, thence turn and run North 88 degrees 06 minutes East, 681.4 feet, thence South 82 degrees 11 minutes East 147.6 feet, thence North 77 degrees 11 minutes East 381.4 feet, thence South 89 degrees 58 minutes East, 1358.3 feet to a point 23.3 feet South of the Northeast corner of said Section 33, thence turn and run North on the Section line dividing Section 27 and 28 in Township 36 South, Range 38 East, 5269.0 feet to a point 60 feet South of the Section corner common to Sections 27 and 28 of said Township and Range, thence East 60 feet South of and paralleling the North line of Section 27 aforesaid 5340.0 feet to a point 60 feet South of the Northeast corner of said Section 27, thence in Section 23 of said Township and Range run North 74 degrees 16 minutes East 3169.6 feet, thence North 49 degrees 40 minutes East, 343.8 feet, thence North 34 degrees 42 minutes East 332.0 feet to the East line of said Section 23, 1256 feet South of the right of way of Canal C-24, thence continue in Section 24, Township 36 South, Range 38 East, on same bearing, 510.0 feet, thence North 26 degrees 30 minutes West, 107 feet, thence North 27 degrees 30 minutes East 670.0 feet, thence North 175 feet to the South right of way of Canal C-24, 551 feet East of the West line of Section 24 aforesaid. (ii)Easements for ingress and egress, drainage and irrigation contained within the Cooperative Improvement and Trust Agreement recorded in O. R. Book 36, Page 479, as amended in O. R. Book 1271, Page 1632, and as set forth in Right of Way Deeds recorded in O. R. Book 36, Page 576,577 and 578, more particularly described as follows: (a)That part of the South 120 feet of Section 16, Township 37 South, Range 38 East, lying West of the West right of way line of Glades Cut Off Road. (b) The South 120 feet of Section 17, Township 37 South, Range 38 East. (c) The South 130 feet of Section 18, Township 37 South, Range 38 East. (iii)Grants of Easement for ingress and egress recorded in O. R. Book 78, page 557 and 559, more particularly described as follows: (a)The West 30 feet of a certain roadway located in Section 17, Township 37 South, Range 38 East, St. Lucie County, Florida, the centerline of which is described as follows: Beginning at a point in the North line of said Section 17 which point is 58 feet East of the North 1/4 corner of said Section 17, run thence Southerly to the South 1/4 corner of said Section 17, Township 37 South, Range 38 East. (b)The East 30 feet of a certain road way located in Section 17, Township 37 South, Range 38 East, St. Lucie County, Florida, the center line of which is described as follows: Beginning at a point in the North line of said Section 17 which point is 58 feet East of the North 1/4 corner of said Section 17, run thence Southerly to the South 1/4 corner of said Section 17, Township 37 South, Range 38 East. (iv)Grants of Easement for ingress and egress recorded in O. R. Book 110, Page 91 and 93, more particularly described as follows: (a)A non exclusive easement for constructing, using, maintaining and operating a Road for traffic purposes, without restriction, together with the right and license to use road existing or hereafter to be constructed over and upon all that certain lot, piece and parcel of land as more particularly described in that certain easement for roads and canals dated June 2, 1961 and recorded June 2, 1961, in O. R. Book 11, Page 321 of the Public Records of St. Lucie County, Florida. (b)An existing sixty foot road grade, the center line of which is described as follows: Beginning at a point which is 58 feet East of the North 1/4 corner of said Section 17, Thence run Southerly to the South 1/4 corner of said Section 17, Township 37 South, Range 38 East. (v)Temporary easements for ingress and egress recorded in 0. R. Book 36, Page 575, O. R. Book 79, Pages 70 and 72, and O. R. Book 110, Page 314, more particularly described as follows: (a)A non exclusive temporary easement over, upon and across the lands described in that certain easement as recorded in O. R. Book 36, Page 575, Public Records of St. Lucie County, Florida, described as follows: A certain graded roadway, approximately 60 feet in width, the centerline of which extends from a point 30 feet South of the Northeast corner of Section 17, Township 37 South, Range 38 East, thence running Westerly to a point which is 58 feet East and 93 feet South of the North 1/4 corner of said Section 17; thence running Southerly to a point which is 120 feet North of the South 1/4 corner of said Section 17. OTHERWISE DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCELS 1-3, 5-9 AND 11 AS DESCRIBED ABOVE LYING IN SECTION 17, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUICE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 17; THENCE NORTH 89°49'48" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, A DISTANCE OF 2651.94 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 17; THENCE NORTH 89°31'46" WEST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 2639.75 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE NORTH 01°01'19" EAST ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 2721.38 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 9; THENCE SOUTH 89°31'06" EAST ALONG THE NORTH LINE OF SAID PARCEL 9, A DISTANCE OF 2687.36 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 8; THENCE NORTH 02°01'40" EAST ALONG THE WEST LINE OF SAID PARCEL 8, A DISTANCE OF 2478.53 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 8; THENCE NORTH 88°35'29" EAST ALONG THE NORTH LINE OF SAID PARCEL 8, A DISTANCE OF 1279.40 FEET ; THENCE NORTH 01°27'42" EAST, A DISTANCE OF 45.16 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 89°15'37" EAST ALONG THE NORTH LINE OF SAID PARCEL 3, A DISTANCE OF 1337.03 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 3 AND A POINT ON THE EAST LINE OF SAID SECTION 17; THENCE SOUTH 01°36'44" WEST ALONG THE EAST LINE OF SAID PARCEL 3 AND SECTION 17, A DISTANCE OF 5300.83 FEET TO THE POINT OF BEGINNING. CONTAINING 483.873± ACRES MORE OR LESS. LEGAL DESCRIPTION CONTINUED INTENTIONALLY DELETED D:\Survey Jobs\Double Hook AKA KGI-Oldchester\18-003 Boundary Survey - Standard\18-003 FPL Sundew Solar Project Survey.dwg, Boundary Sheet 2, 5/25/2020 1:30:06 PM, F.R.S. & Associates, Inc., {561} 478-7178 Page 198 of 213 EAST 30' OF 60' ROAD & CANAL EASEMENT (P) RELEASED PER ORB 2934, PG 408 EAST 30' OF 60' ROAD & CANAL EASEMENT (P) RELEASED PER ORB 2934, PG 408 120' RIGHT OF WAY (ORB 36, PG 577) (ORB 2934, PG 408) 120' RIGHT OF WAY (ORB 36, PG 577) 130' RIGHT OF WAY (ORB 36, PG 578) 130' RIGHT OF WAY (ORB 36, PG 578) 30' ROAD EASEMENT (ORB 78, PG 557) 30' ROAD EASEMENT (ORB 78, PG 557) 30' ROAD EASEMENT (ORB 78, PG 559) 30' ROAD EASEMENT (ORB 78, PG 559) 120' RIGHT OF WAY (ORB 36, PG 479) (ORB 1271, PG 1632) (ORB 2934, PG 408) 130' RIGHT OF WAY (ORB 36, PG 479) (ORB 1271, PG 1632) 60'ROAD EASEMENT (ORB 110, PG 93) 10' FPL EASEMENT (ORB 3810, PG 1258) (ORB 3823, PG 1610) N 89°31'46" W 2639.75'(D)(M) 2640.14'(P)N 89°49'48" W 2651.94'(D)(M) S 0 1 ° 3 6 ' 4 4 " W 5 3 0 0 . 8 3 ' ( D ) ( M ) S 89°31'07" E 2687.45'(D) S 89° 31' 06" E 2687.36'(M) N 88° 35' 29" E 1279.40'(M) N 89°15'37" E 1337.03'(M) GATE GATE GATE GATE GATE GATE X X X X X X X X N 0 2 ° 0 1 ' 4 0 " E 2 4 7 8 . 5 3 ' ( M ) S 89° 49' 07" E 1326.07'(M)N 89° 50' 30" W 1325.87'(M)GATE N 0 0 ° 0 7 ' 3 4 " E 3 6 9 3 . 0 9 ' ( D ) N 0 0 ° 0 7 ' 3 1 " E 3 6 9 2 . 9 8 ' ( M ) S 89°48'41" E 5226.28'(M) S 0 ° 5 7 ' 0 6 " W 94 9 . 8 5 ' ' ( M ) S 89°56'36" W 5169.88'(M) N 01°27'42" E, 45.16'(M) 60'ROAD EASEMENT (ORB 11, PG 321) S 89°21'03" E 2670.79'S 89°21'03" E 2670.79' N 0 1 ° 0 1 ' 1 9 " E 1 6 8 7 . 9 6 ' S 89°21'43" E 2675.51' FNC. CORNER 11.0'N, 57.3'W N 89°48'41" E 5393.89' 60'ROAD EASEMENT (ORB 110, PG 91) S 89°56'33" W 5170.03'(D) S 89°48'55" E 5227.42'(D) S 0 1 ° 0 1 ' 1 9 " W 95 0 . 2 5 ' ( D ) N 0 2 ° 0 1 ' 3 4 " E 2 4 7 8 . 5 5 ' ( D ) N 88°36'09" E 1280.28'(D) N 01°30'31" E, 45.31'(D) N 89°15'30" E 1336.22'(D) EAST 20' OF 80' ROAD & CANAL EASEMENT RELEASED PER ORB 2934, PG 408 EAST 20' OF 80' ROAD & CANAL EASEMENT RELEASED PER ORB 2934, PG 408 SOUTH 40' OF 80' ROAD & CANAL EASEMENT RELEASED PER ORB 2934, PG 408 N 0 1 ° 0 1 ' 1 9 " E 2 7 2 1 . 3 8 ' ( D ) ( M ) LA N D S U R V E Y O R S A N D L A N D P L A N N E R S SHEET: JOB NUMBER: APPROVED BY:G.P.WILLIAMS FIELD BOOK/PAGES DRAWN BY: SCALE: DATE:05/19/2020 RE V I S I O N S BY : DA T E : CE R T I F I C A T E O F A U T H O R I Z A T I O N N O . L B 4 2 4 1 PH O N E ( 5 6 1 ) 4 7 8 - 7 1 7 8 22 5 7 V I S T A P A R K W A Y , S U I T E 4 WE S T P A L M B E A C H , F L O R I D A 3 3 4 1 1 We b S i t e : w w w . f r s s u r v e y . c o m DATA COLLECTED T.C.MULLIN AS SHOWN 60'ROAD EASEMENT (ORB 36, PG 132) 1" = (SCALE IN FEET) GRAPHIC SCALE 0 400' 400 1200800400200 NO R T H 8 17 16 9 13 24 19 18 12 13 18 7 7 18 17 8 18 19 20 17 17 20 21 16 20 17 17 8 FND. 5"x 5" S.F.W.M.D. C.M. (TOP BROKEN) ALSO FND. IRON PIPE/CAP "GCY" (1.70' N.) ALSO FND. IRON PIPE/CAP "GCY" (1.68' N., 5.00' E.) FND. 4"x 4" C.M. STAMPED "CARTER ASSOC." (0.09'E) ALSO FND. IRON PIPE/CAP "GCY" (0.63' S., 0.23' W.) ALSO FND.4"x 4" C.M. (7.99'E)PUMP HOUSE #9 10'(L) x 8'(W) x 9'(Ht) SHED PUMP HOUSE #8 20'(L) x 12'(W) x 10.5'(Ht) PUMP HOUSE #7 20.5'(L) x 12'(W) x 10.5'(Ht) PUMP HOUSE PUMP HOUSE #6 10'(L) x 8'(W) x 9'(Ht) BEUTTELL SOUTH IRRIGATION PUMP STATION PUMP HOUSE #10 20'(L) x 10'(W) x 10'(Ht) PUMP HOUSE PUMP HOUSE PUMP HOUSE #2 18'(L) x 12'(W) x 12.5'(Ht) FND. 5/8" I.R./CAP STAMPED "CARTER ASSOC." (0.09'N, 0.15'E) FND. 5/8" I.R./CAP STAMPED "CARTER ASSOC" SOUTHWEST CORNER SEC. 17/TWP. 37 S./RGE. 38 E. & SOUTHEAST CORNER SEC. 18/TWP. 37 S./RGE. 38 E. FND. 4"x 4" C.M. STAMPED "CARTER ASSOC." SOUTH 1/4 CORNER SEC. 17/TWP. 37 S./RGE. 38 E. FND. 1-1/2" IRON PIPE "BENT" "NO ID" (0.27'N, 0.11'W) FND. 5/8" IRON ROD "BENT", "NO ID" FND. 5/8" I.R./CAP "CARTER" FND. 5/8" I.R./CAP STAMPED "CARTER ASSOC." (0.13'E) FND. 5/8" IRON ROD/CAP STAMPED "CARTER ASSOC." FENCE LINE P.O.B. PARCEL 4 S.W. COR. SEC. 18 TWP. 37S./RGE. 38E. CALCULATED CORNER FALLS IN CANAL N.W. COR. SEC. 18 TWP. 37S./RGE. 38E. CALCULATED CORNER FALLS IN CANAL FND. 5"x 5" S.F.W.M.D. C.M. STAMPED "No. 1110" N 0 0 ° 0 7 ' 3 9 " E 2 8 0 7 . 9 1 ( M ) N 00°07'39" E, 130.00' S 8 9 ° 5 6 ' 3 3 " W 1 4 0 . 0 0 ' 13 3 8 . 7 ' ( D ) 1433' 1293.0' PARCEL 4 OVERLAPS PARCEL 5 N 89°56'33" E, 140.0' LESS & EXCEPT THE WEST 140' FND. IRON PIPE/CAP STAMP "GCY" (0.38'S., 1.04'W.) ALSO FND. IRON ROD/CAP STAMPED "CARTER ASSOC." (2.30' N., 0.06' E.) PARCEL #5 PARCEL #5N 01°01'19" E, 130.02'N 01°01'19" E, 130.02' EAST LINE SECTION 18 AND WEST LINE PLAT OF "NEW DEAL GROVES" FND. 5/8" I.R./CAP STAMPED "CARTER ASSOC." PUMP HOUSE #1 20.5'(L) x 11'(W) x 10.5'(Ht) 64 0 . 3 4 ' 6 4 0 . 3 7 ' ( P ) 64 0 . 3 4 ' 6 4 0 . 3 7 ' ( P ) 64 0 . 3 4 ' 6 4 0 . 3 7 ' ( P ) 64 0 . 3 4 ' 6 4 0 . 3 7 ' ( P ) FND. 3"x 3" C.M. W/ IRON ROD N CENTER "NO ID" FND. 3"x 3" C.M. W/ IRON ROD N CENTER "NO ID" (0.20'N, 0.77'W)NORTH-SOUTH QUARTER SECTION LINE EAST LINE PLAT OF "NEW DEAL GROVES" 1297.12' S 89°31'43" E 1356.86' PARCEL #11 (ORB 192, PG. 2666) PARCEL #1 N 0 1 ° 3 1 ' 2 7 " E 6 4 0 . 3 5 ' 61 2 . 3 5 ' S 89°31'31" E 13862.48' 1302.48' PARCEL 7 OVERLAPS PARCELS1 & 8 N 89°31'31" W 2664.94' 2664.59' (P) BLOCK 3 BLOCK 4 POINT OF BEGINNING SOUTHEAST CORNER OF SEC. 17/TWP. 37 S./RGE. 38 E. FND. 3"x 3" C.M. STAMPED "CARTER ASSOC.) PARCEL 3 OVERLAPS PARCEL 5 PARCEL 8 OVERLAPS PARCEL 5 FND. 5/8" IRON ROD/CAP STAMPED "CARTER ASSOC." FND. 5/8" IRON ROD/ CAP STAMPED "CARTER ASSOC. (0.81'W) PARCEL #2 PARCEL #6 OVERLAP PARCEL #2 PARCEL #6 CL CARLTON ROAD 60' EASEMENT (S 89°15'33" W, 2615.33')(EAST, 2586.90' D) O.R.B. 11, PG. 321 (P), O.R.B. 26, PG. 633 O.R.B. 36, PG. 132, O.R.B. 53, PG 611 O.R.B. 110, PG. 91, O.R.B. 205, PG. 542 O.R.B. 205, PG.552 FND. 4"x 4" C.M. STAMPED "CARTER ASSOC." ALSO FND. 3/4" IRON PIPE "GCY" 15.00'S PARCEL 7 OVERLAPS PARCEL 8 ALONG THE WEST BOUNDARY OF PARCEL 8 PLAT OF "NEW DEAL GROVES" PLAT BOOK 12, PAGE 53 (ST. LUCIE COUNTY PUBLIC RECORDS} BLOCK 2 BLOCK 1 PARCEL #9 (ORB 206, PG. 2121)PARCEL #8 (ORB 837, PG. 1365) PARCEL #3 (ORB 1124, PG. 116) (ORB 955, PG. 2808) PARCEL #7 (ORB 110, PG. 93) CL NON-EXCLUSIVE ESMT. (C . L . 2 8 0 ' W I D E R I G H T - O F - W A Y ) (C O U N T Y P A V E D & M A I N T A I N E D R O A D ) C. & S . F . F . C . D . C A N A L N o . C - 2 3 12 0 8 . 7 9 ' N 89°56'33" E 1293.01' S 0 0 ° 0 7 ' 3 4 " W 1 3 3 8 . 7 9 ' PARCEL #5 SOUTH LINE OF SECTION 18 RA N G E 3 7 E A S T RA N G E 3 8 E A S T PARCEL #10 (ORB 220, PG. 2920) N 89°48'41" W 5366.35' 5370.98'(D) PARCEL #4 (ORB 206, PG. 2121) N 89°56'33" E 3879.06' 64 0 . 3 4 ' 6 4 0 . 3 7 ' ( P ) 64 0 . 3 4 ' 6 4 0 . 3 7 ' ( P ) 64 0 . 3 4 ' 6 4 0 . 3 7 ' ( P ) 64 0 . 3 4 ' 6 4 0 . 3 7 ' ( P ) SITE AREA = 40,219,662 sf. (923.316 ac.) SITE EASEMENT AREA = 2,322,888 sf. (53.326 ac.) SITE AREA WITHOUT EASEMENTS 37,896,774 sf. (869.990 ac.) S 89°56'33" W 1293.01' 1293.01' S 0 0 ° 0 7 ' 3 4 " W 1 3 3 8 . 7 9 ' 12 0 8 . 7 9 ' SEE DETAIL "A" SHEET 3 OF 3 SHEET 3 OF 3 SEE DETAIL "B" 120.00' EASEMENT CONTINUES EAST TO GLADES CUT-OFF ROAD SOUTH 120' OF SECTION 16 FND. 5/8" I.R./CAP "CARTER" S0 1 ° 3 0 ' 3 1 " W 5 2 3 4 . 0 2 ' SECTION CORNER FALLS IN CANAL FND. 3"x3" CONC. MON. W/PIN FND. 4"x4" LIGHTER WOOD POST N 0 0 ° 0 7 ' 3 4 " E 5 3 4 6 . 3 2 ' W E S T L I N E S E C T I O N 1 8 , T O W N S H I P 3 7 S O U T H , R A N G E 3 8 E A S T 36 9 3 . 6 8 ' ( M ) 3 6 9 2 . 0 0 ' ( D ) 10' FPL EASEMENT (ORB 3810, PG 1258) (ORB 3823, PG 1610) 14 S 89°50'09' E 1324.88'S 89°50'09' E 1326.22' 13 10 13 12 10 12 16 16 15 16 19 15 14 16 19 16 100'x300' NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS & PUBLIC UTILITIES (ORB 2934, PG. 472)6 8 9 18 9 8 18 (ORB 255, PG. 2006)20 TOB OF DITCH (typical) TOB OF DITCH (typical) TOB OF DITCH (typical) TOB OF DITCH (typical) TOB OF DITCH (typical) TOB OF DITCH (typical) TOB OF DITCH (typical) TOB OF DITCH (typical) TOB OF DITCH (typical)TOB OF DITCH (typical) TOB OF DITCH (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) TOB OF DITCH (typical)EDGE OF ROAD (typical) TOB OF DITCH (typical) TOB OF DITCH (typical)EDGE OF ROAD (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) EDGE OF ROAD (typical) TOB OF DITCH (typical) TOB OF DITCH (typical) EDGE OF ROAD (typical) TOB OF DITCH (typical) EDGE OF ROAD (typical) FRS 1 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1063924.37, E. = 792926.75 ELEVATION = 27.12 FRS 2 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1060394.36, E. = 792884.57 ELEVATION = 27.57 FRS 3 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1062180.61, E. = 795530.83 ELEVATION = 24.94 FRS 5 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1060444.31, E. = 797999.40 ELEVATION = 24.91 FRS 4 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1063935.33, E. = 798077.36 ELEVATION = 25.18 FRS 6 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1062995.78, E. = 800707.05 ELEVATION = 24.22 FRS 10 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1065440.10, E. = 800934.37 ELEVATION = 23.61 FRS 8 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1065464.80, E. = 803377.83 ELEVATION = 22.52 FRS 9 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1064254.88, E. = 802036.60 ELEVATION = 22.89 FRS 7 3/4" IRON PIPE/3" BRASS DISK STAMPED "FRS GPS Control Point" N. = 1060433.12, E. = 803232.80 ELEVATION = 23.76 18 17 SOUTH LINE OF SECTION 17SOUTH LINE OF SECTION 17 EA S T L I N E O F S E C T I O N 1 8 EA S T L I N E O F S E C T I O N 1 7 30.00' 16 16 16 D:\Survey Jobs\Double Hook AKA KGI-Oldchester\18-003 Boundary Survey - Standard\18-003 FPL Sundew Solar Project Survey.dwg, Boundary Sheet 3, 5/25/2020 1:30:07 PM, F.R.S. & Associates, Inc., {561} 478-7178 Page 199 of 213 GA T E GATE OHE OHE OHE OHE OHE X OHE OHE OHE OHE OHE OHE OHE OHE LA N D S U R V E Y O R S A N D L A N D P L A N N E R S SHEET: JOB NUMBER: APPROVED BY:G.P.WILLIAMS FIELD BOOK/PAGES DRAWN BY: SCALE: DATE:05/19/2020 RE V I S I O N S BY : DA T E : CE R T I F I C A T E O F A U T H O R I Z A T I O N N O . L B 4 2 4 1 PH O N E ( 5 6 1 ) 4 7 8 - 7 1 7 8 22 5 7 V I S T A P A R K W A Y , S U I T E 4 WE S T P A L M B E A C H , F L O R I D A 3 3 4 1 1 We b S i t e : w w w . f r s s u r v e y . c o m DATA COLLECTED T.C.MULLIN AS SHOWN 1" = (SCALE IN FEET) GRAPHIC SCALE 0 40' 40 160804020 NO R T H 8 17 16 9 17 8 64 0 . 3 4 ' 6 4 0 . 3 7 ' ( P ) FND. 3"x 3" C.M. W/ IRON ROD N CENTER "NO ID" FND. 5/8" IRON ROD/CAP STAMPED "CARTER ASSOC."WOOD POWER POLE (typical) PARCEL #6 CL CARLTON ROAD 60' EASEMENT (S 89°15'33" W, 2615.33')(EAST, 2586.90' D) O.R.B. 11, PG. 321 (P), O.R.B. 26, PG. 633 O.R.B. 36, PG. 132, O.R.B. 53, PG 611 O.R.B. 110, PG. 91, O.R.B. 205, PG. 542 O.R.B. 205, PG.552 NORTH 1/4 CORNER SECTION 17, TWP. 37 S., RGE. 38 E. FND. 4"x 4" C.M. STAMPED "CARTER ASSOC." FOUND 3 4" IRON PIPE & CAP "GCY" 15.00' SOUTH PARCEL #7 (ORB 36, PG. 575) (ORB 110, PG. 314) C NON-EXCLUSIVE ESMT. RELEASE OF EASMENT DETAIL "A" SCALE: 1" = 40' DETAIL "B" SCALE: 1" = 40' TOP OF BANK FENCE LINE TO P O F B A N K TOP OF BANK OVERHEAD ELECTRIC DIRT ROAD DIRT ROAD S 89°21'01" E 2670.82' NORTH LINE OF SECTION 17 C MARL ROADL S 88°36'14" E 1279.49' NORTH LINE OF PARCEL 8 C MARL ROADL S 89°31'36" E 2675.64' 40' ROAD & CANAL EASEMENT POINT OF BEGINNING CARLTON ROAD EASMENT (93.0' SOUTH/ 58.0' EAST) (O.R.B. 11, PG. 321), GATED ACCESS S 0 2 ° 0 1 ' 3 4 " W 2 4 7 8 . 5 5 ' ( D ) S 0 2 ° 0 1 ' 4 0 " W 2 4 7 8 . 5 3 ' ( M ) L PARCEL #6 CL CARLTON ROAD 60' EASEMENT (S 89°15'33" W, 2615.33')(EAST, 2586.90' D) O.R.B. 11, PG. 321 (P), O.R.B. 26, PG. 633 O.R.B. 36, PG. 132, O.R.B. 53, PG 611 O.R.B. 110, PG. 91, O.R.B. 205, PG. 542 O.R.B. 205, PG.552 S 89°21'01" E 2670.82' NORTH LINE OF SECTION 17 DIRT ROAD TOP OF BANK TOP OF BANK OVERHEAD ELECTRIC FND. 5/8" IRON ROD/CAP STAMPED "CARTER ASSOC." N 0 1 ° 3 6 ' 4 4 " E 5 3 0 0 . 8 3 ' ( D ) ( M ) EA S T L I N E S E C T I O N 1 7 PARCEL #8 (ORB 837, PG. 1365) PARCEL #3 (ORB 1124, PG. 116) (ORB 955, PG. 2808) NORTH LINE PARCEL 3 S 88°38'14" E 2617.17 C MARL ROADL S 89°15'33" E 1337.05' 15 3 . 0 0 ' 58.00' 93 . 0 0 ' SECTION CORNER FALLS IN CANAL 30 . 0 0 29 . 5 0 ' D:\Survey Jobs\Double Hook AKA KGI-Oldchester\18-003 Boundary Survey - Standard\18-003 FPL Sundew Solar Project Survey.dwg, Boundary Sheet 4, 5/25/2020 1:30:08 PM, F.R.S. & Associates, Inc., {561} 478-7178 Page 200 of 213 Page 201 of 213 TR-GCI0585250-01 ST.LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA Thursday,February 18,2021 NOTICE OFAPROPOSEDCONIDITONALUSE PERMIT TheSt.Lucie County PlanningandZoningCommission isscheduledtoreview andmake a recommendation regardingthefollowing ConditionalUsePermitforadoption by the Boardof CountyCommissionersofSt.LucieCounty,Florida,byResolution: A RESOLUTIONOF THEBOARDOF COUNTY COMMISSIONERS OFST.LUCIE COUNTYFORA CONDITIONAL USEPERMITTO CONSTRUCT AND OPERATEA74.5 MEGAWATT PHOTOVOLTAIC SOLARENERGY FACILITYIN THEAG-5(AGRICULTURAL –5)ZONINGDISTRICT ON+/-470.12 ACRESOF LANDSITUATED INST.LUCIECOUNTY,FLORIDA. APPLICANT/OWNER:FloridaPower andLight Company FILENUMBER:CU-9202025851 PARCEL ID:4217-601-0006-000-5,4217-111-0002-000-3 4217-111-0002-000-3,4217-601-0005-000-8 4217-601-0007-000-2 PURPOSE:Toallow fortheconstructionand operationof a 74.5MWPhotovoltaic Solar EnergyFacilityon+/-473acres ofvacantlandlocated approximately one(1)milewestof GladesCut-Off Road andCarltonRoadintersection. ZONINGDISTRICT:AG-5,Agricultural-5 The Planningand ZoningCommissionPUBLIC HEARINGonthis item will be held intheCommission Chambers,Roger PoitrasAnnex,3rdFloor,St.Lucie County on Thursday,February 18,2021 beginningat6:00 pm or assoonthereafteras possible. All interestedpersonswillbegiven anopportunity to beheard.Written comments received in advanceof thepublic hearingwillalsobeconsidered.Ifresidentsare concernedaboutCOVID-19or havehealthconcerns,please refrain from comingtopublic meetings inperson.You canlivestream themeeting and contactthe commissioners viaphone oremailas analternativeto making public comments inperson. Public commentfor upcomingmeetings canbesubmitted severalways: •Emailat publiccomment@stlucieco.org. •Residents withoutInternet access cancommentbyphoneat 772-462-1499andTDD (telecommunications device forthe deaf)number at772-462-1428. Commentsmust be submittedbynoonthe dayprior tothe meeting.Comments will be distributed to theCommission inadvanceof themeeting andincludedin therecordprovided thecomments complywiththe County’srules.Comments received by phone will be either played atthe meeting or transcribedin written formprovided thatthecommentscomply withthe County’s rules. Generalpubliccomment is limitedto three minutes or roughly 390 words;whilecommentsfor public hearing items arelimited tofiveminutes or roughly750 words. The petition file is available forreviewatthePlanningand DevelopmentServices Departmentoffices located at2300Virginia Avenue,2nd Floor,Fort Pierce,Florida,duringregularbusinesshours. Pleasecall(772)462-2822 orTDD(772)462-1428ifyou have anyquestions or require additional information. The St.LucieCountyPlanning andZoning Commissionhas thepowertoreviewand recommend to theSt.LucieCounty Boardof County Commissioners,for approvalordisapproval,any applications within theirarea ofresponsibility. The proceedingsof thePlanning and ZoningCommission areelectronically recorded.PURSUANT TO Section 286.0105,FloridaStatutes,if a persondecides toappeal anydecision made bythe Planning andZoning Commissionwithrespectto anymatterconsidered at a meetingorhearing,he or shewillneed a recordoftheproceedings.For such purpose,heor shemayneedtoensure that averbatimrecord ofthe proceedingsismade,whichrecord includes thetestimonyand evidence uponwhichthe appeal is to bebased.Uponthe request ofany partytothe proceeding,individuals testifying duringahearingwillbeswornin.Anypartyto theproceedingwillbegranted an opportunitytocross-examineany individualtestifying duringa hearing uponrequest.If it becomes necessary,apublichearingmaybe continuedto a date-certain. Anyone with a disability requiringaccommodation to attendthis meetingshouldcontact theSt. LucieCountyCommunity Risk Manager atleastforty-eight (48)hours prior tothe meetingat (772) 462-1546 orT.D.D.(772)462-1428.Anyquestionsabout thisagendamaybe referredto St.Lucie County PlanningDivisionat (772)462-2822. PLANNINGANDZONINGCOMMISSION/ LOCALPLANNINGAGENCY ST.LUCIECOUNTY,FLORIDA /S/JAMES TAYLOR,CHAIRMAN PUBLISH DATE:Friday,February 5,2021 Page 202 of 213 Date Mailed: February 5, 2021 Planning and Development Services Department (772) 462-2822 APPLICANT/PROPERTY OWNER: Florida Power and Light Company Michael W. Sole 700 Universe Blvd. JES/JB Juno Beach, FL 33408 AGENT: Gunster Law Firm Robert Raynes, Esq. and Josh Long, AICP 800 S.E. Monterey Commons Boule- vard, Suite 200 Stuart, FL 34996 PROJECT LOCATION: Address TBD - Carlton Road (Approximately one (1) mile west of Glades Cut-Off Road and Carlton Road intersection) FUTURE LAND USE: AG-5 (Agricultural—5) EXISTING ZONING: AG-5 (Agricultural—5) STAFF’S RECOMMENDATION: Forward this petition to the Board of County Commissioners with a recom- mendation for approval. Further details are available in the Planning and Development Ser- vices Department - Please contact: Staff: Jodi Nentwick Tel: (772) 462-1580 Email: NentwickJ@stlucieco.org Public Hearing Notice Thursday, February 18, 2021 Notice of Proposed Conditional Use Permit for FPL Sundew Solar Energy Center Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Meeting Time: 6:00 PM (or soon thereafter ) PLANNING AND ZONING COMMISSION This notice has been provided because you are an owner of property within 500 Project Description Florida Power and Light Company is requesting a Conditional Use Permit approval in the AG-5, Agricultural—5 zoning district to construct a 74.5 Mega- Watt Photovoltaic Solar Center on +/- 470.12 acres consisting of five (5) unde-veloped parcels located approximately one (1) mile west of Glades Cut-Off Road and Carlton Road intersection. The applicant has filed a concurrent peti-tion for a Major Site Plant that is current- ly under review by the Planning Division. The Board of County Commissioners shall take action on both petitions (Conditional Use Permit and Major Site Plan) at a future public meeting date. Planning & Zoning Commission: The St. Lucie County Planning and Zon- ing Commission has the power to review and recommend to the St. Lucie County Board of County Commissioners, for approval, approval with conditions or disapproval, any applications within their area of responsibility. The Planning and Zoning Commission strongly encourages your input and com- ment at the public hearing. The public will be able to physically attend this meeting, but seating in the Chambers will be regu-lated to comply with social distancing protocols.. Members of the public who attend are encouraged to wear masks or similar devices, which cover the nose and mouth. You may also mail or email written comments regarding this pro- ceeding in advance of the public hearing for inclusion in the official record. Public comments for upcoming meetings can be submitted several ways: Email: NentwickJ@stlucieco.org Email: publiccomment@stlucieco.org Anyone with a disability requiring accom- modations to attend this meeting may contact the SLC Community Risk Manag- er at least 48 hours in advance at (772) 462-1546 or TDD (772) 462-1428. «CuO1Last- Name»«CuO1L astName»«CuO1LastName» «CuO1LastName», «CuO1FirstName» «CuOStreet1» «CuOStreet2» «CuOCity», «CuOState» «CuOPost- al» Page 203 of 213 1 ParcelID CuO1LastName CuO1FirstName CuO2LastName CuO2FirstName 4217-122-0002-000-7 Bright Star Trust 4221-221-0009-010-6 Buchmeyer Ronald Buchmeyer Denise 4216-111-0002-000-0 Edsall Groves Inc 4101-111-0002-010-0 Evans Properties Inc 4218-313-0026-000-0 Florida Power And Light Company 4221-221-0001-000-7 Florkowski (TR)Richard W 4217-111-0001-000-6 Glades Road Farm LLC 4217-601-0002-000-7 Helseth and Helseth LLC 4208-431-0001-000-1 Mecca IV LLC 4208-331-0001-000-4 Musser Glen E Musser Connie J 4221-222-0001-000-0 Quillen John K Quillen Christine M 4219-111-0001-000-2 Ru-Mar Inc 4209-331-0001-000-7 Sherrod (TR)Deborah 4113-111-0001-000-7 SOUTH FLA WATER MGMT DIST 4216-212-0014-000-7 St Lucie Reph II LLC Mailout.xls Page 204 of 213 2 CuOStreet1 CuOStreet2 CuOCity CuOState CuOPostal PO Box 3006 Winter Haven FL 33885 20910 Glades Cut Off RD Fort Pierce FL 34987 1055 31st AVE Vero Beach FL 32960 660 Beachland Blvd Ste 301 Vero Beach FL 32963 700 Universe BLVD Juno Beach FL 33408-2657 21204 Glades Cut Off Rd Fort Pierce FL 34987 1291 Hwy 258 N Kinston NC 28504 18602 Mach One DR Fort Pierce FL 34987 1591 SE Port St Lucie Blvd Ste A Port St Lucie FL 34952 5492 S 1100 E Otterbein IN 47970-8515 1355 Island Fork Rd Morehead KY 40351 3658 Eleven Mile RD Fort Pierce FL 34945 21750 Glades Cut Off RD Port St Lucie FL 34987 ATTN: Land Management PO Box 24680 West Palm Beach FL 33416 780 NW 42 Ave Ste 300 Miami FL 33126 Mailout.xls Page 205 of 213 PLANNING & DEVELOPMENT SERVICES | PLANNING DIVISION Nentwickj@stlucieco.org 2300 Virginia Avenue | Fort Pierce, FL 34982 (772) 462 - 1580 (772) 462 - 1148 www.stlucieco.gov February 3, 2021 Josh Long, AICP Gunster Law Firm 800 S.E. Monterey Commons Blvd., Suite 200 Stuart, FL 34996 RE: FPL Sundew Solar Energy Center Conditional Use Permit File No.: CU-9202025851 Dear Mr. Long, Enclosed are the Public Notice Sign Requirements, Sign Content, and Affidavit required for the above petitions. The “Sign Content Form” indicates the exact wording required for the sign. The “Sign Requirement Form” specifies the required color, size and height dimensions for the sign as well as the requirement to locate any underground utilities that might exist on the property at least days prior to digging by call 811 or 1-800-432-4770. The attached affidavit must be signed, notarized, and returned to the Planning and Development Services Department-Planning Division along with two (2) electronic photos of the (one close-up depicting the sign’s content and one far away showing the sign’s location on the property) as specified in the sign requirements and content forms. As agent/applicant for this petition the authorization to proceed with the Public Hearing is subject upon the receipt of the photos, and the signed notarized affidavit. Payment along with the photos and signed affidavit must be received by the Planning and Development Services Department-Planning Division on or before February 12, 2021. A separate invoice will be billed to for advertisement requirements pursuant to the St. Lucie County Land Development Code, Section 11.00.03. Please contact me with any questions you may have regarding this process. Respectfully, Jodi Nentwick Senior Planner Board of County Commissioners Chris Dzadovsky DISTRICT 1 Chair Sean Mitchell DISTRICT 2 Vice Chair Linda Bartz DISTRICT 3 Frannie Hutchinson DISTRICT 4 Cathy Townsend DISTRICT 5 Administration Howard Tipton COUNTY ADMINISTRATOR Dan McIntyre COUNTY ATTORNEY Page 206 of 213 Page 207 of 213 Page 208 of 213 Page 209 of 213 Page 210 of 213 Page 211 of 213 Page 212 of 213 Page 213 of 213