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RESOLUTION 01-007
FILE NO.: CU-O0-011 and MJSP-O0-011
A RESOLUTION GRANTING A CONDITIONAL
USE PERMIT AND MAJOR SITE PLAN
APPROVAL FOR A 56,900 SQUARE FOOT, 640
MEGAWATT ELECTRIC GENERATING PLANT
TO BE KNOWN AS DUKE ENERGY FT. PIERCE
GENERATING STATION IN THE U (UTILITIES)
ZONING DISTRICT FOR 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 the staff report, has made the following
determinations:
CONDITIONAL USE PERMIT
Duke Enerclv Ft. Pierce, LLC, presented a petition for a Conditional Use Permit to
construct a 56,900 square foot, 640-megawatt electric generating plant, to be known
as Duke Energy Ft. Pierce Generating Station; in the U (Utilities) Zoning District for
the property described in Part B.
On January 18, 2001, 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 500 feet of the subject
property, and recommended that the Board of County Commissioners approve the
hereinafter described request for a Conditional Use Permit in U (Utilities) Zoning for
the property described in Part B.
On February 6, 2001, this Board held a public hearing on the petition, after
publishing a notice of such hearing and notifying by mail all owners of propertywithin
500 feet of the subject property.
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.
The proposed project 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.
File No,: CU-00-011\MJSP-00-011
February 6, 2001
Resolution 01-007
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The project will be served onsite water and sewer services.
A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Community Development Director on February 6, 2001.
Section 11.07.05(B) of the St. Lucie County Land Development Code requires that
all applications for Conditional Use Permit include a full site plan if the proposed use
or development meets the submission requirements of Section 11.02.02 of the Land
Development Code.
SITE PLAN
Duke Enerqv Ft. Pierce. LLC, presented a petition for a Site Plan approval to
construct a 56,900 square foot, 640-megawatt, electric generating plant, to be known
as Duke Energy Ft. Pierce Generating Station; in the U (Utilities) Zoning District for
the property described in Part B.
10.
The Development Review Committee has reviewed the petition for a Major Site Plan
approval and found it to meet all technical requirements of the Land Development
Code and to be consistent with the Future Land Use maps of the St. Lucie County
Comprehensive Plan, subject to the conditions set forth in Part D of this Resolution.
11.
The proposed project is consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Comprehensive Plan, the St. Lucie County Land
Development Code and the Code of Ordinances of St. Lucie County.
12.
The proposed project 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.
13.
All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening.
14.
The proposed project 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.
15. The project will utilize onsite water and sewer service.
16.
A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Community Development Director on February 6, 2001.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
FiFe No.: CU-00-011\MJSP-00-011 Resolution 01-007
February 6, 2001 Page 2
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CONDITIONAL USE PERMIT
Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for Duke Energy Ft. Pierce, LLC. to allow a 56,900 square
foot, 640 megawatt, electric generating plant, to be known as Duke Energy Ft. Pieme
Generating Station, in U (Utilities) Zoning and as depicted on the site plan drawings
described in Part D, is hereby granted for the property described in Part B, subject to
the conditions described in Part D.
The property on which this Conditional Use Permit is being granted is described as
follows:
Parcel A
A portion of land lying within Section 31, Township 35 South, Range 40 East, St. Lucie
County, Florida.
Commence at the southwest corner of Section 31, Township 35 South, Range 40 East;
thence run north 89°57'18" east, along the south line of the southwest ~A of said
Section 31 for a distance of 1005.74 feet; thence departing said line run north
00°02'42'' west, for a distance of 49.50 feet to the Point of Beginning, said point being
a point on the north line of the North St. Lucie River Water Control District Canal NO.
102, said point also being a point on a curve concave southwesterly, having a radius
of 3336.33 feet, a Central Angle of 14°41 '59", a chord bearing of north 29°01 '09" west
and a chord length of 853.62 feet; thence along the arc of said curve, an arc length of
855.97 feet to a Point on the southeasterly right-of-way line of the Florida East Coast
Railroad; thence run north 44°44'24" east, along said southeasterly right-of-way line
for a distance of 1495.22 feet; thence departing said line run south 45015'05" east, for
a distance of 334.48 feet to a point on a line lying 1035.50 feet south of and parallel to
the north line of the south Y= of said Section 31; thence run south 89°59'47" east, along
said line for a distance of 1180.27 feet; thence run south 22°32'03'' west, for a distance
of 1701.80 feet to a point on the aforementioned north line of the North St. Lucie River
Water Control District Canal No. 102; thence run south 89°57'18" west, along said
north line for a distance of 1404.02 feet to the Point of Beginning.
Together with:
Parcel B:
A pOrtion of land lying within Section 31, Township 36 South, Range 40 East, St. Lucie
County, Florida.
Commence at the southwest corner of said Section 31; thence north 89°57'18" east,
along the south line of said Section for a distance of 2409.76 feet; thence departing
said south line run north 00°02'42" west, for a distance of 49.50 feet to the north right-
of-way line of the North St. Lucie River Water Control District Canal No. 102 and the
File No.: CU-00-011\MJSP-00-011 Resolution 01-007
February 6, 2001 Page 3
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Point of Beginning; thence north 22°32'03'' east, for a distance of 1701.80 feet to a
point 1035.50 feet south of the north line of the south ~,~ of said Section 31; thence
south 89°59'47" east, along said south line for a distance of 87.43 feet to a point on a
curve concave southeasterly having: a radius of 744.49 feet, and a central angle of
23°25'14" and a chord bearing of north 36°49'24" east; thence along the arc of said
curve an arc length of 304.32 feet; thence south 41°27'59" east, for a distance of
417.49 feet; thence south 00°03'39" west, for a distance of 1500.00 feet to the north
right-of-way line of aforesaid Canal 102; thence south 89°57'18" west, along said north
right-of-way lien for a distance of 1195.68 feet to the Point of Beginning.
Containing 99.5125 acres, more or less.
(Location: Southeast side of Glades Cut-Off Road, approximately one mile south of
the intersection of Glades Cut-Off Road and Seivitz Road.)
A copy of this Resolution shall be attached to the site plan drawings described in
Part D, which plan shall be placed on file with the St. Lucie County Community
Development Director.
SITE PLAN
Pursuant to Section 11.02.09 and Section 11.07.05(B) of the St. Lucie County Land
Development Code, the Major Site Plan for the project to be known as Duke Enerqv
Ft. Pierce Generafin¢l Station be, and the same is hereby, approved as shown on
the site plan drawings for the project prepared by DUKE/FLUOR DANIEL, dated
November 21,2000 and date stamped received by the St. Lucie County Community
Development Director on November 22, 2000, subject to the following conditions:
Prior to the issuance of any building permits for the proposed structure or
buildings on this site, all exotic vegetation found on the site shall be removed.
The applicant shall connect to central water and sewer services upon the
installation of central water and sewer lines from the project site to Midway
Road at its intersection with Milner Road. The use of the private well shall be
discontinued except for irrigation use until such time as an alternative water
resource for irrigation is available.
Prior to the issuance of any certificate of occupancy or other use authorization
for this facility, the final plats for the Midway Industrial Park, Unit III, shall have
been approved by St. Lucie County and all required improvements necessary
to service the Duke Energy site consistent with that plat shall have been
completed, or security provided for, in a manner acceptable to St. Lucie
County.
Prior to issuance of any building permits for any site construction, excluding site
preparation work, the developer shall construct on West Midway Road, dedicated right
and left turn lanes at the intersection of South Jenkins Road and West Midway Road.
File No.: CU-00-011\MJSP-00-011 Resolution 01-007
February 6, 2001 Page 4
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F.
G.
H.
I.
J.
As part of the construction of this project, the developer shall be required to construct
that portion of South Jenkins Road from Environment Way, north to the project
entrance. All work in this is to be done, prior to the issuance of a Certificate of
Occupancy for this project, with the required improvements for the subdivision known
as Midway Industrial Park, Unit III.
This approval is contingent upon the applicant using natural gas as its primary fuel
with Iow sulfur fuel oil as a backup supply. Such use of the backup fuel supply shall
not exceed 500 hours per year per turbine. Any increase in the number of oil operating
hours for state and federal air quality permits shall require St. Lucie County Board
approval as a modification to the conditional use.
The property on which this site plan approval is being granted is described in Part B of this
Resolution.
The approvals and authorizations granted by this Resolution ara for the purpose of obtaining
building permits on this property and shall expire on February 6, 2002, unless the developer
has obtained a building permit approval for the first phase of the site plan described in Part
D or an extension has been granted in accordance with Section 11.07.05(F) of the St. Lucia
County Land Development Code.
The Conditional Use Permit and Major Site Plan approval granted under this Resolution is
specifically conditioned to the requirement that the petitioner, Duke Energy Ft. Pieme, LLC,
including any successors in interest, shall obtain all necessary development permits and
construction authorizations from the appropriate State and Federal regulatory authorities,
including but not limited to: the United States Army Corps of Engineers, the Florida
Department of Environmental Protection, and the South Florida Water Management District,
prior to the issuance of any local building permits of authorizations to commence
development activities on the property described in Part B of this Resolution.
The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid
for the period of Conditional Use/Site Plan approval. Should the Conditional Use/Site Plan
approval granted by this Resolution expire or an extension be sought pursuant to Section
11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity
shall be required.
The conditions set forth in Part D are an integral nonseverable part of the site plan approval
granted by this Resolution. If any condition set forth in Section D is determined to be invalid
or unenforceable for any reason and the developer declines to comply voluntarily with that
condition, the site plan approval granted by this resolution shall become null and void.
A copy of this resolution shall be attached to the site plan drawings described in Part D,
which plan shall be placed on file with the St. Lucie County Community Development
Director. Further, the Community Development 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.
File No.: CU-00-011\MJSP-00-011 Resolution 01-007
February 6, 2001 Page 5
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After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson
Vice-Chairman Doug Coward
Commissioner John Bruhn
Commissioner Paula Lewis
Commissioner Cliff Barnes
AYE
AYE
ABSENT
AYE
AYE
PASSED AND DULY ADOPTED This 6t~ Day of February 2001.
A'I-I'EST:
Depl
BOARD OF COL
ST. LUCIE
BY
APPROVE~D AS TO FO2~_M
County Attorn
H:lWPIConditional Uses/Duke EnergyAgendas/Reso[ution.doc
File No.: CU-00-011\MJSP-00-011 Resolution 01-007
February 6, 2001 Page 6
St Lucie County
Certificate of Capacity
Date 3/23/2001 Certificate No. 435
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development MAJOR SITE PLAN
Number of units 1 Number of square feet 56,900
2. Property legal description & Tax ID no.
2431-41 ! -000 ]-000/9
SE GLADES CUT OFF RD~ 1/2 MI SW GLADES & SELV
DUKE ENERGY
3. Approval: Building Resolution No. 01-007 Letter 03/23/0i
4. Subject to the following conditions for concurrency:
THE CONSTRUCTION OF A 56,900 SQ.FT. ( 54,00 SQ. FT.-BUILDING AND 51,500 SQ.FT.
EQUIPMENT ), 640 MEGAWATT, ENERGY GENERATING PLAN3'.
Owner's name
DAN RUNYAN DUKE ENERGY FT. PiERCE, LLC
Address
5400 WESTHEIMER COURT
HOUSTON TX 77056
6. Certificate Expiration Date 2/6/2002
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed m'~m ~i f~~ Date: 3/23/2001
' Development Director
St Lucie County, Florida
Friday, March 23, 2001 Page 1 of 1