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Home My WebLink About05-388 o '" UJ 0: 0; ~ ~ if8 ~~ MN O~ 1i' >-~~ ,..0_ Z~LU ::>~"O O!:2c(q obll.i ~~~ .. OT"""IDC) ~8NZ ~~Q~ !Z"*'~O ;¡¡~a::ß cnÜ:QCf:: Re-recorded to reflect correct date. NOTE: THIS RESOLUTION IS BEING RE-RECORDED WITH THE CONSENT OF THE PE I J. I J.ONER TO INCLUDE TWO ADDmONAL CONDmONS THAT WERE INADVERTENTLY OMITTED FROM THE PREVIOUSLY RECORDED RESOLUTION RESOLUTION NO. 05-388 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A MAJOR SITE PLAN APPROVAL FOR A 600 MEGAWATT (MW) ELECTRIC GENERATION PLANT TO BE KNOWN AS TREASURE COAST ENERGY CENTER 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 all of the testimony and evidence presented at a public hearing, including but not limited to, the staff report and other reports, all written materials that were part of the record at the public hearing, and all other referenced materials, has made the following determinations: CONDITIONAL USE PERMIT DETERMINATIONS 1. Florida Municipal Power Agency ("FMPA") presented a petition ("Petition") for a Conditional Use Permit to construct an approximately 1,200 MW net electric generation plant in the U (Utilities) Zoning District for the property described in Part B ("Property"). For purposes of this Resolution, the electric generation plant will be known as the Treasure Coast Energy Center ("Project"). 2. On October 20, 2005, the St. Lucie County Planning & Zoning Commission ("P&Z Commission") held a public hearing on the Petition. Legally sufficient notice was provided by posting a sign near the Property that listed the dates of the public hearings; publishing notice at least ten (10) days prior to the public hearing; and notifying by mail all property owners within one mile of the Property. At the public hearing, after considering the testimony and evidence submitted, the P&Z Commission voted to recommend that the St. Lucie County Board of County Commissioners ("County Commissioners") deny the Petition to grant a Conditional Use Permit for the operation of an electric generation plant. 3. On November 1, 2005, the County Commission held a public hearing on the Petition. Legally sufficient notice was provided by posting a sign near the Property that listed the dates of the public hearings; publishing notice at least ten (10) days prior to the public hearing; and notifying by mail all property owners within one mile of the Property. EDWIN M. FRY. Jr.. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 291665908121/2006 at 03:49 PM OR BOOK 2640 PAGE 1452· 1458 Doc Type: RESO RECORDING: $61,00 4. The applicant proposed and the Board approved a Conditional Use Permit for only 2 of the originally proposed 4 units, thereby reducing the Project from a 1,200 megawatt 4 unit Project to a 600 megawatt 2 unit Project. If the project, as revised by this approval, is built and operated in compliance with the conditions contained in Part C of this Resolution. The proposed conditional use will be consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan ("Comprehensive Plan"), and is in compliance with the St. Lucie county Land Development Code ("LDC"), including but not limited to, the standards set forth in Section 11.07.03, LDC. Specifically, the Project as governed by the proposed Conditional Use Permit. a) will not have an undue adverse effect upon nearby property; and b) through buffering, design elements, and the conditions set forth in this Resolution, is compatible with the existing or planned character of the neighborhood in which it is located; and c) will ensure that all reasonable steps have been taken to minimize any adverse effect on the immediate vicinity; and d) will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable regulations; and e) will ensure that the Project will be served by adequate public facilities and services, including roads, police protection, fire protection, solid waste disposal, water, sewer and drainage structures; and f) confirms that the Project demonstrates that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 5. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on January 19, 2006. 6. Section 11.07.05(B), LDC, requires that the Conditional Use Permit application be accompanied by an application for site plan as required by Section 11.02.02, LDC. MAJOR SITE PLAN DETERMINATIONS 7. FMPA presented an application for a Major Site Plan ("Plan") to construct a 1,200 MW electric generation plant in the U (Utilities) Zoning District for the property described in Part B. The applicant subsequently proposed and the Board hereby approves a Conditional Use Permit for only two of the originally proposed 4 units, thereby reducing the Project from a 1,200 megawatt 4 units Project to a 600 megawatt 2 unit project. The electric generation plant will be known as the Treasure Coast Energy Center. 8. The St. Lucie County Development Review Committee ("DRC') has reviewed the Plan and found it to be consistent with the goals, objectives, and policies of the Comprehensive Plan, to meet all requirements of the LDC, and to be consistent with the Future Land Use Map and Zoning Map, subject to the conditions set forth in Part C of this Resolution. 9. The applicant proposed and the Board approved a Conditional use Permit for only 2 of the originally proposed 4 units, thereby reducing the Project from a 1,200 megawatt 4 unit Project to a 500 megawatt 2 unit Project. If the Project, as revised by this Resolution, is built and operated in compliance with the conditions contained in Part C of this Resolution. The proposed conditional use will be consistent with the goals, objectives, and policies of the Comprehensive Plan, in compliance with all requirements of the LDC, and in compliance with all applicable provisions of the St. Lucie County Code of Ordinances. 10. If the Project is built and operated in compliance with the conditions contained in Part C of this Resolution: a. The proposed Plan will not have an undue adverse effect on adjacent property, traffic conditions, drainage, public facilities or other matters affecting the public health, safety and general welfare; b. All reasonable steps have been taken to minimize any adverse effects of the proposed Plan on the immediate vicinity, the natural environment, and on the property values in the area; c. The proposed Plan will be constructed, arranged and operated so as not to interfere with the orderly and logical development and use of neighboring property, in accordance with applicable zoning district regulations; d. The proposed Plan will utilize onsite water and sewer service; e. The proposed Plan has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection; and f. The proposed Plan is not in conflict with the public interest and is in harmony with the purpose and interest of the LDC. 11. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on January 19, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CONDITIONAL USE PERMIT AND MAJOR SITE PLAN APPROVAL PART A: Pursuant to Sections 11.02.08 and 11.07.03, LDC, a Major Site Plan approval and a Conditional Use Permit for Florida Municipal Power Agency, to allow the construction and operation of a 2 unit 600 megawatt electric generation plant in the U (Utilities) Zoning District, is hereby granted for the Property, subject to the conditions set forth I Part C. PART B: The property on which this Major Site Plan approval and Conditional Use Permit is being granted is described as follows: Property Legal Description: 31 3540 THAT PART OF SEC MPDAF: FROM SW COR OF SEC RUN N 89°57' 15" E ALG S SEC LI 1005.74 FT, TH N 00 0245 W 49.50 FT TO N R/W LI OF CANAL NO. 102 AND POB AND CURVE CONC SW, R OF 3336.33 FT, TH NWLY ALG ARC 855.97 FT TO SELY R/W LI OF FEC RR, TH N 44°44'21" E ALG R/W LI 1495.22 FT, TH S 45°15'08" E 334.48 FT, TH S 89°56'50" E 1180.28 FT, TH S 22°32'00" W 1701.80 FT TO N R/W LI OF CANAL NO. 102, TH S 89°57'15" W ALG N R/W LI 1404.02 FT TO POB (67.13 AC) (OR 2111- 1046) PART C: CONDITIONS 1. Within 90 days of the final site certification, the applicant shall provide an updated Landscape Plan for approval by the Environmental Resources Director that significantly increases the plant's perimeter buffering especially along Jenkins Road, Glades Cutoff Road and Canal 102 (so long as planting along this canal does not interfere with the electrical transmission lines and canal located in that area) and does not otherwise interfere with required Project facilities for natural gas supply and stormwater management. 2. Within 90 days of the final site certification, the applicant shall project construction traffic and design a construction traffic maintenance program, for approval by the Public Works Director, to address impacts of this traffic on the area's roadways. 3. By October 1st following approval of the Site Certification Application by the State of Florida for the Treasure Coast Energy Center (TCEC), and by October 1st of each subsequent year, FMPA shall contribute to St. Lucie County the sum of $75,000 for use by the County in the purchase and preservation of environmentally sensitive lands or for restoring and replanting of environmentally protected lands that are managed by the County. Payments shall continue until twenty payments have been made. 4. FMPA shall utilize reuse water for cooling purposes of the Project when such reuse water supplies are feasible and available for the Project. 5. Any proposal to burn a fuel other than natural gas or fuel oil in the Project shall constitute a major adjustment to the Conditional Use and shall require approval by the Board of County Commissioners. 6. Following approval of the Site Certification Application by the State of Florida for the Treasure Coast Energy Center, the Florida Municipal Power Agency shall contribute to St. Lucie County the sum of $150,000 for use by the County in general capacity of improvements to the arterial/collector roadway network within one (1) mile of the Project site. 7. FMPA shall continue to investigate reasonable means to minimize the disposal of Project-related wastewater/cooling waters and to pursue reuse options for those wastewater/cooling waters. AFTER MOTION AND SECOND, the vote on this Resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula Lewis Commissioner Chris Craft Commissioner Joseph Smith AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 1st day of November, 2001 . 1:~Jf!.~::Z:t~~~\:;¡1~,h\·" ATTEST. ,.'f.". ..'''''" .. .~. ~/~ e/~~~>:~Y:?\ Deputy Clerk \', ...'Idj , '" "", -'-. .~ ~'"I'. ...~.._". '.:..\\,.-.. - BOARD OF COUNTY~CbA\MISSIONERS ST')~C~~2~'/" ..' BY:,+f?nnr~~~:~~~~~ .... ,:. .ý'í' ~7j:")! :;:: ((¿' APPROVED A~'b FoRM 41~..~ 'y" CORRE NE S: .' " , " , BY: (/. ,t' , County A orn y 1/' · . St Lucie County Certificate of Capacity Date 1/19/2006 Certificate No. 2339 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 600 megawatt 2 unit electric generation plant Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 2431 33] 0001 000/4 Selvitz Road Florida Municipal Power Agency 3. Approval: Building Resolution No. 05-388 Letter 4. Subject to the following conditions for concurrency: See Resolution 05-388 for conditions of approval Owner's name Florida Municipal Power Agency Address 2061-2 Delta Way Tallahasse FL 32303 6. Certificate Expiration Date 1111/2006 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 w~ Date: 1119/2006 Growth Management Director St Lucie County, Florida Thursday, January t9, 2006 Page J 0£2 ~