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HomeMy WebLinkAbout01-0123 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. 25 26 27 29 30 31 32 33 34 35 36 37 39 40 4~ 42 43 , RESOLUTION 01-012 FILE NO.: RZ-00-015, ~pUD-00-011 and MJSP-00-009 A RESOLUTION GRANTING PRELIMINARY P NONRESIDENTIAL DEVELOPMENT APPROVAl ll6.6-ACRE PROJECT TO BE KNOWN AS 12 MIDWAY GROVE - PNRD AND FOR PARTIAL FIN (PLANNED NONRESIDENTIAL DEVEL£ APRROVAL FOR THE PROJECT TO BE KNI MIDWAY ENERGY CENTER LOCATED ON PARCEL IN THE COONEY-MIDWAY GROVE - PN FOR A CHANGE IN ZONING FROM AG-1 (AGRIC[ - 1 DU/ACRE) AND AG-2.5 (AGRICULTURAL - ACRES) TO PNRD (PLANNED NON-RESII DEVELOPMENT) FOR PROPERTY LOCATED IN S COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, evidence, including but not limited to the staff reports, has made the following CHANGE IN ZONING Cooney-Midway Groves, LC and Midway Development Company, LI petition for a change in zoning from the AG-1 (Agricultural - 1 dt (Agricultural - 1 du/2.5 acres) Zoning District to the PNRD (Plan Development) Zoning District for the property described in Part A belo On February 15, 2001, the St. Lucie County Planning and Zoning Comrr hearing on the petition, after publishing notice at least 10 days prior notifying by mail all owners of property within 500 feet of the sul recommended that the Board of County Commissioners approve the request for a change in zonh~g from the AG-i (Agricultural - 1 du (Agricultural - 1 du/2.5 acres) Zoning District to the PNRD (Plan Development) Zoning District for the property described in Part A belo' On March 20, 2001, this Board held a public hearing on the petition, after least 10 days prior to the hearing and notifying by mail all owners of prop of the subject property. At the March 20, 2001, public hearing, and after accepting public testim( petition, the Board continued the public hearing on this matter until Apr time additional testimony and Board deliberations would continue. File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 LANNED 3 FOR A OONEY- ~kL PNRD ~PMENT) )WN AS A 35.97 RD, AND LTURAL 1 DU/2.5 IENTIAL r. LUCIE based on the testimony and [eterminations: _, presented a joint /acre) and AG-2.5 aed Nonresidential N. ission held a public to the hearing and ~ject property, and hereafter described /acre) and AG-2.5 led Nonresidential publishing notice at erty within 500 feet ,ny on the proposed [1 3,2001, at which Resolution 01-012 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 10. 11. 12. 13. File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 ..,-~r', .~.,~n~.--' I~Q~ i~6mr'' On April 3, 2001, the Board reconvened the public hearing on this p~tition and accepted additional public comments and testimony. The proposed change in zoning is consistent with the goals, objectives, a nd policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. The proposed change in zoning is consistent with the existing and propos ed use of property in the surrounding area. PRELIMINARY PNRD (PLANNED NONRESIDENTIAL DEl rELOPMENT) COONEY-MIDWAY GROVE - PNRD Cooney-Midway Groves, LC and Midway Development Company, LL(,; presented a joint petition for Preliminary Planned Nonresidential Development site pl~ n approval for the purpose of constructing a three (3) lot non-residential development to be known as Cooney/Midway Groves - PNRD, on property located on the north sic.e of West Midway Road, approximately V2 mile west of 1-95, for the property described in ?art A below. The Development Review Committee has reviewed the petition of Coon.,~y-Midway Groves, L_~_C and Midway Development Company, LLC, for preliminary approval c f the master plan for this Planned Nonresidential Development and found it to meet all techni cai requirements of the Land Development Code and to be consistent with the Future Land ~se maps of the St. Lucie County Comprehensive Plan, subject to the conditions set fortbin Part B of this Resolution. / On February 15, 2001, the St. Lucie County Planning and Zoning Comn~ission held a public hearing of which due public notice was published and mailed to all pro[.erty owners within 500 feet at least 10 days prior to the hearing, and recommended to this Bo ~rd that Preliminary Nonresidential Planned Development Plan approval for the project k~own as Cooney - Midway Groves- PNRD be granted. On March 20, 2001, this Board held a public hearing of which due public notice was published and mailed notices was sent to all property owners within 500 :'eet at least 10 days prior to the hearing. At the March 20, 2001, public hearing, and after accepting public testimc ny on the proposed petition, the Board continued the public hearing on this matter until Ap~51 3, 2001, at which time additional testimony and Board deliberations would continue. On April 3, 2001, the Board reconvened the public hearing on this pelition and accepted additiOnal public comments and testimony. Resolution 01-012 Page 2 1 2 3 4 5 6 7 8 9 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. .. ~,uur-,. J-~:u.-.,' PP, ur. I?.',H The proposed project is consistent with the general purpose, goals, object the St. Lucie County Comprehensive Plan, the St. Lucie County Land De the Code of Ordinances of St. Lucie County. The proposed project is consistent with, and has satisfied the requi 11.02.07 of the St. Lucie County Land Development Code. The proposed project will not have an undue adverse effect on adj character of the neighborhood, traffic conditions, parking, utility facilit affecting the public health, safety and general welfare. All reasonable steps have been taken to minimize any adverse effect of t on the immediate vicinity through building design, site design, landsca The proposed project will be constructed, arranged and operated so as ne development and use of neighboring property, in accordance with regulations. Adequate public facilities and services are available through onsite we system. A Concurrency Deferral Affidavit a copy of which is attached to this resol by the Community Development Director on April 3, 2001, with the ex affidavit returned to the County on April 16, 2001. FINAL PLANNED NONRESIDENT/AL DEVELOPi~ COONEY/MIDWAY GROVES- PNRD/MIDWAY ENERG .ves and standards of velopment Code and rements of Section acent property, the Les, or other matters he proposed project ling and screening. to interfere with the applicable district :11 and septic sewer ation, was approved ecuted copy of this lENT Y CENTER File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 Resolution 01-012 Page 3 [ssion held a public erty owners within >ard that Final Site :d. ~lan and found it to consistent with the :ct to the conditions On February 15, 2001, the St. Lucie County Planning and Zoning Comm hearing of which due public notice was published and mailed to all pro[ 500 feet at least 10 days prior to the hearing, and recommended to this B Plan approval for the project known as Midway Energy Center be grant{ Company, LLC, for a Final Planned Nonresidential Development Site meet all technical requirements of the Land Development Code and to b Future Land Use Maps of the St. Lucie County Comprehensive Plan, subj. set forth in Part H of this Resolution. Cooney-Midway Groves, LC and Midway Development Company, LLC, ~as presented ajoint petition for Final Planned Nonresidential Development site plan appro' 'al for Lot 2 of the Cooney/Midway Groves- PNRD for the purpose of constructing a 170 ~negawatt, electrical generation facility, said facility to be referred to as the Midway Energv qenter, to be located on the for the property described in Part G. / 1 The Development Review Committee has reviewed the petition of Midway Development 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 n~ 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. On March 20, 2001, this Board held a public hearing of which dr published and mailed notices was sent to all property owners within 500 prior to the hearing. At the March 20, 2001, public hearing, and after accepting public testim petition, the Board continued the public hearing on this matter until Ap: time additional testimony and Board deliberations would continue. On April 3, 2001, the Board reconvened the public hearing on this additional public comments and testimony. The proposed project is consistent with the general purpose, goals, objecfi the St. Lucie County Comprehensive Plan, the St. Lucie County Land De' the Code of Ordinances of St. Lucie County. The proposed project is consistent with, and has satisfied the requi 11.02.07 of the St. Lucie County Land Development Code. The proposed project will not have an undue adverse effect on adj character of the neighborhood, traffic conditions, parking, utility facilit affecting the public health, safety and general welfare. All reasonable steps have been taken to minimize any adverse effect of~ on the immediate vicinity through building design, site design, landsca The proposed project will be constructed, arranged and operated so as m development and use of neighboring property, in accordance with regulations. Adequate public facilities and services are available through onsite we system. A Certificate of Capacity, a copy of which is attached to this resolution Community Development Director on April 3, 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis; Florida: ARTICLE 1. PRELIMINARY PNRD (PLANNED NONRESIDENTIAL DE~ COONEY-MIDWAY GROVE - PNRD File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 : public notice was feet at least 10 days )ny on the proposed 51 3, 2001, at which ..tition and accepted ves and standards of ~elopment Code and :ements of Section icent property, the es, or other matters le proposed project ,ing and screening. to interfere with the applicable district 11 and septic sewer was granted by the ioners of St. Lucie County, ELOPMENT) Resolution 01-012 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 ~5 46 47 48 49 50 51 52 53 54 55 BOOK.~_~°~., PAGE ~.,..~+~fl Pursuant to Section 11.02.05 of the St. Lucie County Land Developmen included as part of the Preliminary Planned Nonresidential Developmen as Cooney/Midway Groves - PNRD is described as follows: TIlE EAST ONE-HALF OF TIlE NORTHWEST ONE QUARTER OF SECTION 3, TOWN, 39 EAST AND THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST QUAI~ TOWNSHIP 35 SOUTH, RANGE 39 EAST; LESS AND EXCEPT: RIGHT-OF-WAYS FOR MIDWAY ROAD, (COUNTY ROAD 712) A 70 FOOT WIDE RIC NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL No. 93, A 78 FOOT ALL LYING IN ST. LUCIE COUNTY, FLORIDA. ALSO DESCRIBED AS: A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 39 E~ TOWNSHIP 35 SOUTH, RANGE 39 EAST ST. LUCIE COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SA~ NORTH 00016'38" WEST ALONG THE EAST L1NE OF THE NORTHWEST QUARTER DISTANCE OF 39.67 FEET TO THE NORTH RIGHT-OF-WAY LINE OF MIDWAY ROAD (C FOOT WIDE RIGHT-OF-WAY; THENCE SOUTH 89048'08.' WEST ALONG THE NORTH R MIDWAY ROAD (COUNTY ROAD 712) A DISTANCE OF 39.00 FEET TO THE WEST R NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NUMBER 93 AND THE THENCE CONTINUE ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID MIDWAY ROAI A DISTANCE OF 1288.78 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NC DISTANCE OF 2622.25 FEET TO AN INTERSECTION W1TH THE NORTH LINE OF THE NOI SAID SECTION 3; THENCE NORTH 00°04'51" EAST A DISTANCE OF 1318.47 FEET; THENC A DISTANCE OF 1288.94 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SA THENCE SOUTH 00000'43'. WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SAID DISTANCE OF 1318.97 FEET TO THE INTERSECTION WITH THE NORTH LINE OF THE NO] SAID SECTION 3; THENCE CONTINUE ALONG THE WEST RIGHT-OF-WAY LINE OF CAN 00016'38'' EAST A DISTANCE OF 2617.41 FEET RETURNING TO THE NORTH RIGHT-OF-~ ROAD AND THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 116.61 ACRES, MORE OR LESS. (Location: North side of West Midway Road, approximately one-half mile west of the 1-95 Pursuant to Section 11.02.05 and Section 11.02.10 of the St. I Development Code, the Preliminary Planned Nonresidential Developme project to be known as Cooney/Midwa¥ Groves - PNRD be, and t approved as shown on the site plan drawings for the project prepare Terpening, Inc., dated October 25, 2000, last revised January 9, 2001 received by the St. Lucie County Commtmity Development Director on Ja site plan drawings for the project prepared by Culpepper & Terpening, [nc 2000, last revised January 10, 2001 and date stamped received by th~ Community Development Director on January 16, 2001; the boundary s the project prepared by Culpepper & Terpening, Inc., dated November stamped received by the St. Lucie County Community Development Dir~ 2001; subject to the following conditions: File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 : Code, the area to be :project to be known ;ItlP 36 SOUTH, RANGE TER OF SECTION 34, HT-OF-WAY AND THE ~IDE RIGHT-OF-WAY kST AND SECTION 34, $ORE PARTICULARLY D SECTION 3; THENCE DF SAID SECTION 3 A )UNTY ROAD 712) A 70 [GHT-OF-WAY LINE OF 'GHT-OF-WAY LINE OF POINT OF BEGINNING; ) sOUTH 89°48'08" WEST RTH 00018'53'' WEST A tTHWEST QUARTER OF g NORTH 89°59'41" EAST D CANAL NUMBER 93; CANAL NUMBER 93 A ~THWEST QUARTER OF AL NUMBER 93, SOUTH VAY LINE OF MIDWAY ~terchange) lcie County Land nt Site Plan for the ~e same is hereby, by Culpepper & and date stamped auary 16, 2001; the ., dated October 25, St. Lucie County urvey drawings for 11, 2000, and date ctor on January 16, Resolution 01-012 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 OR BOOK Coone~-Midwa¥ Groves PNRD . Preliminar~ Plan Approval Prior to the issuance of any building permits, site plan aut construction approvals for any development on Lot I of the Co PNRD, except for those improvements that may be required for development of the Midway Energy Center to be located Coone]~/Midwav Groves PNRD, a Final PNRD applicatio~ documentation must be received and approved by St. Lucie Co applicable regulations and public hearing requirements, excel presentation of any final PNRD development plans to the Commissioners the Planning and Zoning Commission shah condu review the proposed final PNRD development plans for Lot 1. final PNRD approvals for the Midway Energy Center (MEC) ~ County to future approvals for any remaining portion of the Co, PNRD, that would otherwise not be consistent with applicable land development regulations. As part of the Final PNRD review process for the developn Coone~/Midwa¥ Groves PNRD, a minimum of 1.77 acres of addi shall be provided as required under the County's PNRD develop[ location of this open space shall be determined during final PNR Consistent with other development approvals granted along West to, or as part of, the final platting of the subject property, the required to convey to St. Lucie County, in a manner and form ~ Lucie County Attorney, 40 feet of additional right-of-way along th~ property line for the future widening of West Midway Road. To ~ under the County's Code and Compiled Laws, any such dedicatio~ eligible for Road Impact Fee Credits. Prior to the issuance of any certificate of occupancy or other use a~ use or development within the Coone¥/Midwa¥ Grove PNRD, th Coonev/Midwa]~ Grove PNRD, shall have been approved by St. L required improvements necessary to service the Midway Energy £ with that plat shall have been completed, or security provide, acceptable to St. Lucie County. Prior to issuance of any local development permits for any site corn within the Coone)~-Midwa¥ Grove PNRD, the developer, his success, construct, cause to be constructed or have provided security acceptable to St. Lucie County, dedicated right and left turn lanes. the unnamed public/private roadway intersection shown on the Midway Road. If it shown to the satisfaction of the County that i way is present to provide for the construction eastbound left turn consider alternative proposals that would delay the construction intersection improvement until such time as the necessary rigl acquired. File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 horization or other )ne¥/Midwa~ Groves or incidental to the on Lot 2 of the with supporting mty consistent with Bt that prior to the Board of County :t a public hearing to rhe granting of any oes not obligate the ~ne¥/Midwav Groves '.ounty land use and ~nt of Lot 1 of the tional "open space" lent standards. The site plan reviews. Midway Road, prior developers shah be ~cceptable to the St. ; site plan's southern :he extent permitted ] may be considered ~thorization for any e f'mal plats for the acie County and all enter site consistent for, in a manner ruction, on any Lot ors or assigns, shall for, in a manner ~t the intersection of ~ite plans and West asufficient right-of- ~ne, the County may f this portion of the it-of-way has been Resolution 01-012 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 10. 11. The proposed private entrance into the subdivision shall be ded Association for the CooneF/Midwa~ Groves PNRD. Said dedicatio~ as part of the final platting process for this development area. As part of the development of the final site plans for Lot 1, consid~ to providing for the interconnection of local street grids with thl Upon the installation of central water and sewer lines along We: consistent with the service provider agreements for this area as de County Comprehensive Plan, Midway Energy Center, it success. connect to that central water and sewer service system. Upon co system, the use of private wells for domestic water supply discontinued except for irrigation use or other similar uses m alternative water resource for irrigation or those uses is availal condition, shall require Midway Energy Center, its successors or a water withdrawals from underground water resources usl MEC/Electrical Generation Facility, provided that the Sm Management District or other appropriate water resource p determines that there are adequate water resources available to MEC, and that there are no other alternative water resources demands of the MEC/Electrical Generation Facility. Lot 3 shall be kept as open space in perpetuity as indicated on ti Plan and shall be so restricted on the final plats for this mixed us All local service utility poWer and transmission (phone, cable, proposed subdivision shall be required to be placed underground Consistent with the provisions of Section 7.02.02 of the St. I Development Code, and Policy 1.1.7.5 of the St. Lucie County C Future Land Use Element, those uses and activities permitted on those uses and activities described under the CN, CO, CG, I and Any other use authorization will require that an amendment be r~ of the Future Land Use Element of the County's Comprehensiv higher intensity of use on this property. The maximum allowable be constructed on Lot #1 of the Coone~-Midwa~ Grove PNRD, is 30 construction must comply with the restrictions of Policy 1.1.7.5 an, St. Lucie County Comprehensive Plan, Future Land Use Element Co The approvals and authorizations granted by this Article are for the purpo planned nonresidential development approval on all or part of the propert) and shall expire on April 3, 2003, unless the developer, Cooney-Midw, Midway Development Company, LLC, has obtained fmal plato development approval on all or part of the property described in Part A. The Concurrency Deferral Affidavit, a copy of which is attached to th remain valid for the period of Preliminary Planned Nonresidential Dew File No.: RZ-00-018, PUD-00-013 & MJSP-00~012 April 3, 2001 icated to the Master ~s shall be referenced ration shall be given property to the east. :Midway Road, and ficted in the St. Lucie ,rs and assigns, shall ~nection to any such purposes shall be ttil such time as an lie. Nothing in this ~signs, to discontinue ,d as part of the tth Florida Water ermitfing authority neet the demands of vailable to meet the PNRD Master Site ~ subdivision. data) lines for the ucie County Land ~mprehensive Plan, Lot 1 are limited to RF zoning districts. ade to Figure 1-10h ~ Plan to indicate a square footage that ~,000 square feet, all ! Figure 1-10h of the e of obtaining £mal described in Part B zy Groves, LC and Led nonresidential is resolution, shall ~,lopment Site Plan Resolution 01-012 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Fo approval. Should the Preliminary Planned Nonresidential Developmer t Site Plan approval granted by this Resolution expire or an extension be sought p arsuant to Section 11.02.06(B)(3) of the St. Lucie County Land Development Code, [ new Concurrency Deferral Affidavit or certificate of capacity shall be required. / The conditions set forth in Part B are an integral nonseverable part of We site plan approval granted by this ResolUtion. If any condition set forth in Part B is detern~ined to be invalid or unenforceable for any reason and the developer declines to comply ~oluntadly with that condition, the Preliminary Planned Nonresidential Development approvals 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 B, which plan shall be placed on file with the St. Lucie County Comnc Unity Development Director. ARTICLE 2. FINAL PNRD (PLANNED NONRESIDENTIAL DEVEL( COONEY-MIDWAY GROVE - PNRD/MIDWAY ENERG CHANGE IN ZONING Pursuant to Section 11.02.05(B) of the St. Lucie County Land Develop~ petition of Cooney-Midway Groves, LC and Midway Development Co change in zoning from the AG-1 (Agricultural - 1 du/acre) and AG-2 du/2.5 acres) Zoning District to the PNRD (Planned Nonresidential De District for the project to be known as COONEY-MIDWAY GROVE ENERGY CENTER, and described as follows: The east 139.00 feet of the east one-half of the northwest one quarter of Se, South, Range 39 East; Together with: The north 1096.51 feet of the east one-half of the northwest one-quarter of 36 South, Range 39 East; Less and except: Right-of-ways for Midway Road (County Road 712) a 70 foot wide right-o: St. Lucie River Water Control District Canal No. 93, a 78 foot wide right-o Lucie County, Florida. Also described as: )PMENT) Y CENTER aent Code, the joint mpany, LLC, for a 5 (Agricultural- 1 velopment) Zoning - PNRD/MIDWAY :tion 3, Township 36 Section 3, Township !-way and the North f-way all lying in St. File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 Resolution 01-012 Page 8 ~.. DL!._]~, .L,J~.~ r,.L~r_ 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 &O 41 42 43 4~ 45 46 47 A parcel of land lying in Section 3, Township 36 South, Range 39 East, St. and being more particularly described as follows: Florida Commence at the southeast corner of the northwest quarter of said 00°16'38'' west along the east line of the northwest quarter of said feet to the north right-of-way line of Midway Road (County Road 712) a way; thence south 89°48'08'' west along the north right-of-way Road 712) a distance of 39.00 feet to the west right-of-way line of North Control District Canal Number 93 and the point of beginning; right-of-way line of said Midway Road south 89°48'08'' west a distance departing said right-of-way line north 00°16'38'' west a distance 3; thence north 3 a distance of 39.67 foot wide right-of- Road (County Lucie River Water the north 100.00 feet; thence feet; thence north 89o58'58" west a distance of 1189.80 feet; thence north 00o18'53'' west ~. distance of 1096.51 feet to an intersection with the north line of the northwest quarter of south 89058'58" east along the north line of said Section 3 a the west right-of-way line of said Canal Number 93 and a 39 feet corner of the northwest quarter of said Section 3; thence right-of-way line of said Canal Number 93 a distance of 2617.41 feet to line of Midway Road and the point of beginning. Section 3; thence point on northeast east along the west north right-of-way Said property contains 35.97 acres, more or less. (Location: North side of West Midway Road, approximately the 1-95 Interchange) Is hereby approved. SITE PLAN Pursuant to Section 11.02.05 and Section 11.02.10 of the St. Development Code, the Final Preliminary Planned Nonresidential the project to be known as Coone¥/Midway Groves - and the same is hereby, approved as shown on the site plan drawings for by Culpepper & Terpening, Inc., dated October 25, 2000, last revised date stamped received by the St. Lucie Count) 16, 2001; the site plan drawings for the project prepared by dated October 25, 2000, last revised January 10, 2001 and date Lucie County Community Development Director on January 16, 2001; drawings for the project prepared by Culpepper & Terpening, Inc., dated and date stamped received by the St. Lucie County January 16, 2001; the site plan drawings Sheet C-6, Submitted Submitted 12/15/00, Sheet C-7, Submitted 1/12/01, Sheet C-8. Submitted 1/12/01, Sheet C-11, Submitted 1/12/01, Sheet A-1 Submitted 1/12/01, Sheet A-3, Submitted 1/12/01, Sheet C-4, Submitted 1/12/01, for the project prepared by PB Power, Inc.; and St 03/20/01, Sheet L-2, Submitted 12/15/00, Sheet L-3 Submitted 12/15/00 Lucido & Associates, subject to the following conditions: County Land site plan for Center be, prepared anuary 9, 2001 and Director on January & Terpening, Inc., received by the St. 11, 2000, Director on /15/00, Sheet C-6, 1/12/01, Sheet C-9, 1/12/00, Sheet A-2, 1/12/01, Sheet A-5, L-l, Submitted 'Thomas File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 Resolution 01-012 April 3, 2001 Page 9 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5o 1389 r~: 1245 Cooney/Midwa¥ Groves- PNRD/Midway Energ~ Center 13. 15. 15. 16. 17. As part of the construction of this project, the Midway Ener, gy Ce~ the Cooney/Midway Groves - PNRD shall be required to construct from West Midway Road to the project entrance. AH works in thJ prior to the issuance of any Certificate of Occupancy or other use Midway Energy Center and shall be done in accord with appHcab] The maximum number of turbine hours of operation for the M~ (MEC) shah be 10,500 turbine hours, annually. No one single con operate for 5, 000 hours each 12-month calendar year. Prior to M assign, being permitted to increase the number of turbine hour~ 10,500 hours per year, for either oil or gas operations, the Ml~ assign, shall be required to submit a modified PNRD application reviewed and approved by the Board of County Commissione requirement shah obligate the Board of County Commissioners t, hours of turbine operations for Midway Energy Center if the Bo such an increase would not be compatible with, or have a detrim, surrounding land uses. The approvals granted through this resolution to Cooney-Mid Midway Development Company, LLC, for the Midway Energ~ C, upon MEC, it successor and assigns, using natural gas as its prim low sulfur distillate fuel oil as the backup supply. The use of low st shall only be authorized for those time periods when natural gas ~ Midway Energy Center facility. Availability of natural gas shall n the price of the gas, but rather the actual availability of the gas. M shall provide notice to the County Administrator when its supp! been interrupted and it is forced to use the low sulfur distillate fu The maximum number of hours that the Midway Energy Center mt sulfur distillate fuel oil conditions, for the first three years followi~ first certificate of occupancy or other use authorization for this fac hours per calendar year. No one single combustion turbine ma3 sulfur distillate fuel oil conditions for more than 1,000 turbine h~ calendar year. For every hour in excess of 250 hours that a single is run on low sulfur distillate fuel oil, the total number of gross ope reduced by 2 hours. Any requested modification to the state aTM permits for this facility that would propose to increase in the nur~ hours or change the alternate fuel types for this facility shah requl Board approval, prior to the submissions of nay such state or fed~ shall be reviewed as a Major Adjustment to the Final Plant Development Approval for Midway Energ~ Center. The maximum number of hours that the Midway Energy Center ma sulfur distillate fuel oil conditions, beginning the fourth year follo~ the first certificate of occupancy or other use authorization for t turbine hours per calendar year. No one single combustion turbim low sulfur distillate fuel oil conditions for more than 500 turbine h calendar year. For every hour in excess of 250 hours that a single, File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 ~ter, the developer of the private roadway s area are to be done authorization for the e County standards. dwav Energy Center ~bustion turbine may EC, any successor or : of operation above C, any successor or to the County to be rs. Nothing in this ~ approve additional ard determines that ntal effect upon any ,ay Groves, LC and 'nter are contingent ary fuel source with ~ifur distillate fuel oil '.not available to the ot be determined by ~wa¥ Energy Center ~ of natural gas has el oil. .y operate under low g the issuance of the ility, is 3,000 turbine operate under low ~urs each 12-month combustion turbine ;ating hours shall be . federal air quality ber of oil operating re St. Lucie County .ral application and ed Non-residential y operate under low ring the issuance of his facility, is 1,500 ~ may operate under )urs each 12 month :ombustion turbine Resolution 01-012 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ua ~OO~ z.Jo.' PAGE is run on low sulfur distillate fuel oil, the total number of gross op reduced by 2 hours. Any requested modification to the state an permits for this facility that would propose to increase in the nu~ hours or change the alternate fuel types for this facility shall requ Board approval, prior to the submission of nay such state or fed shall be reviewed as a Major Adjustment to the Final Planl Development Approval for Midway Energy Center. 18. Prior to the issuance of any building permits for the proposed stru this site, all exotic nuisance vegetation found on the site shall be ~ 19. The approvals granted through this resolution to Cooney-Mid~ Midway Development Company, LLC, for the Midway Energy Ce upon MEC, it successor and assigns, complying with the noise lin Chapter 1-38 of the St. Lucie County Code and Complied Law: Midway Energy, its successors or assigns, are determined to be County's Code and Standards regarding noise regulation, 1~ successors or assigns, shall be required to correct the cited violatior time period as determined by the Board of County Commissioners corrective actions as directed by the county commission or their au result in an order to suspend plant operations until the noise viz meet county codes. The approvals and authorizations granted by this Resolution are for the 1: building permits for the Midway Energy Center on the property describec expire on April 3, 2003, unless the developer has obtained a building pen site plan described in Part H or an extension has been granted in accon 11.07.05(F) of the St. Lucie County Land Development Code. All cc portion of the Cooney/Midway PNRD shall be completed by April 3,201 extended in accord with the provisions of section 7.02.02(I)(2), St. L Development Code. If this site is completed according to the approved si any amendments that may be approved thereto, no further develop authorizations will be required, except as may otherwise be requirec conditions or as based upon any submitted changes to the development The Final Planned Nonresidential Development Site Plan approval Resolution is specifically conditioned to the requirement that the petition Groves, LC and Midway Development Company, LLC, including any suc shall obtain all necessary development permits and construction autho appropriate State and Federal regulatory authorities, including but not lirr States Army Corps of Engineers, the United States Environmental Prote Florida Department of Environmental Protection, and the South Florida ~ District, prior to the issuance of any local building permits of authoriz. development activities on the property described in Part G of this Resolu The Certificate of Capacity, a copy of which is attached to this resolution, for the period of Final Planned Nonresidential Development Site Plan ap[ File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 ~rating hours shall be I federal air quality ~ber of oil operating ire St. Lucie County ,~ral application and ~ed Non-residential :ture or buildings on emoved. ,ay Groves, LC and ~ter, are contingent dtations set forth in ',. In the event that in violation of the [idway Energy, its within a reasonable Failure to provide thorized agent shah lations is correct to trpose of obtaining in Part G and shall ait approval for the lance with Section ,nstruction for this ), unless otherwise acie County Land te plans, including x~ent or site plan under the above lans for this site. ranted under this r, Cooney-Midway cessors in interest, fizations from the ited to: the United ction Agency, the rater Management .ons to commence :ion. shall remain valid royal. Should the Resolution 01-012 Page 11 u,~..-u.~,, 1389 PfiBE 1247 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 Final Planned Nonresidential Development Site Plan approval grante( expire or an extension be sought pursuant to Section 11.02.06(B)(3) of t Land Development Code, a new certificate of capacity shall be requirer The conditions set forth in Part G are an integral nonseverable part of granted by this Resolution. If any condition set forth in Section G is dete or unenforceable for any reason and the developer declines to comply condition, the site plan approval granted by this resolution shall becom~ A copy of this resolution shall be attached to the site plan drawings descri plan shall be placed on file with the St. Lucie County Community De~ Further, the Community Development Director is hereby authorized and notation of this resolution to be made on the Official Zoning Map ol Florida, and to make notation of reference to the date of adoption of thi,. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE Vice-Chairman Doug Coward NAY Commissioner John Bruhn NAY Commissioner Paula Lewis AYE Commissioner Cliff Barnes AYE PASSED AND DULY ADOPTED This 3rd Day of April 2001. File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 BOARD OF COUNTY COM2 ST. LUCIE COUNTY, FI_ by this Resolution ~e St. Lucie County site plan approval _-mined to be invalid oluntarily with that :null and void. ~ed in Part G, which elopment Director. tirected to cause the St. Lucie County, Resolution. IISSIONERS OR/DA 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 Exhibit A Concurrency Deferral Affid File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 avit Resolution 01-012 Page 13 ST. LUCIE COUNTY CONCURRENCY DEFERRAL AFFIDAVIT 1, Alfred J. Malefatto, Greenber.q Trauri.q, PA, residing or doing busines.~ #300 East, West Palm Beach, Florida 33401, 561/650-7908, have applie Planned Nonresidential Development Master Site Plan from St. Lucie O following Project: Cooney-Midway Groves - PNRD. I do hereby affirm that in connection with my application for the above I defer the certificate of capacity and reservation of capacity in public property until a later time, but no later than the application for a final d~ same property. I understand and acknowledge that the above listed property will be su capacity before any final development order can be issued, and that St. no guarantee that adequate public facilities will be available whe development order. I further acknowledge that according to Section 5.01.01 of the ,' Development Code,,/~final development approval can be granted facilities is availab~ at t~at. time. The issuance of a preliminary deve certificate of capa)~ity ~r~s~.~i v¢.st6Jc~ or other rights to develop the su SIGNED: / ,~]/~,]~~ DATE: ¢//~;/ STATE OF FLORIDA,, COUNTY OF ST. LUOIE Before me, the undersigned authority personally appeared who upon being duly sworn, deposes and says sworn to and subscribed dayof /~¢¢._t,._ ,20~(. 5~/-,~-~-~,~,,-~ My Commission expires: ~ NotaCy Public Witness 4/13/01 Fee: $25.00 at 777 S. Flaqler Drive, for a Preliminary anty, Florida, for the )roject, ! have elected to facilities for the above ;velopment order for the bject to the certificate of Lucie County can make I apply for the final £. Lucie County Land until capacity in those opment order without a bject property. before me this 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Exhibit B Certificate of Capacity File No.: RZ-00-018, PUD-00-013 & MJSP-00-012 April 3, 2001 Resolution 01-012 Page 14 St Lucie County Certificate of Capacity Date 4/3/01 C This document certifies that concurrency will be met and that ade~ capacity exists to maintain the standards for levels of service as a Lucie Countv Comprehensive Plan for: 1. Type of development Final Planned Non-Residential Development Number of units 1 Number of square feet 132,550 2. Property legal description & Tax ID no. 2334-340-0000-000/7 AND 3303-210-0000-000/4 (part oO No. side W. Midway Road/1/2 mi w/of 1-95 MIDWAY ENERGY CENTER. COONEY/MIDWAY GROV 3. Approval: Buildin~l Resolution No. 01-012 4. Subject to the following conditions for concurrency: Construction of a 170 meagawatt electrical generation plant (see approved site details). Owner's name ROBERT L. DE AQUINOS Address 250 S AUSTRALIAN AVE. WEST PALM BEA FL 33401 6. Certificate Expiration Date 4/1/03 This Certificate of Capacity is transferable only to subsequent own parcel, and is subject to the same terms, conditions and expiration The expiration date can be extended only under the same terms ani underlying development orderissued with this certificate, or for sut development order(s) issued for the same property, use and size Signed ~a' '~'~~ Date: 4/18/01 Co/nmunit¥ Development Director St Lucie County, Florida ~rtificate No. 457 luate public facility dopted in the St ES PNRD Wednesday, April 18, 2001 Letter )lan for specific site Page 1 of 1 .~rs of the same date listed herein. conditions as the sequent described herein.