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RESOLUTION NO. 02-029
File No.: BCC-02-001
A RESOLUTION GRANTING AN
EXTENSION OF A CONDITIONAL USE
PERMIT AND MAJOR SITE PLAN
EXTENSION FOR A PROJECT KNOWN
AS DUKE ENERGY FT. PIERCE
GENERATING STATION
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 EXTENSION
On February 6, 2001, this Board approved Resolution 01-007 which granted a
Conditional Use Permit to Duke Energy Ft. Pierce, LLC, for the construction of a
640 megawatt, electric generating plant in the U (Utilities) Zoning District for the
project known as Duke Energy Ft. Pierce Generating Station.
The developer of the Duke Energy Ft. Pierce Generating Station has requested that
they be granted a 24 month extension to their Conditional Use permit approved
thorough Resolution 01-007, which if approved would carry this projects approval
period through to February 6, 2004.
On January 22, 2002, this Board held public hearings 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.
SITE PLAN EXTENSION
On February 6, 2001, this Board approved Resolution 01-007 which granted a Site
Plan Approval to Duke Energy Ft. Pierce1 LLC, for the construction of a 640
megawatt, electric generating plant at the southeast side of Glades Cut-Off Road,
approximately one mile south of the intersection of Glades Cut-Off Road and Selvitz
Road in the U (Utilities) Zoning District for the project known as Duke Energy Ft.
Pierce Generating Station.
January 15, 2002
Page
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Resolution 02-029
Duke Conditional Use Extension
CD CD C-j
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The developer of Duke Energy Ft. Pierce Generating Station has requested an
amendment to the site plan conditions approved in Resolution 01-007.
On January 22, 2002, this Board held public hearings 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St.
Lucie County, Florida:
Pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code
the Conditional Use Permit granted to Duke Energy Ft. Pierce, LLC., for operation of
a 640 megawatt electric generating plant in the U Zoning District, which project is to
be known as Duke Energy Ft. Pierce Generating Station, is hereby extended for an
additional 24 months, which would now expire on February 6, 2004. Pursuant to
Section 11.07.05(F) of the St. Lucie County Land Development Code, no further
extensions to this conditional use permit are available.
Pursuant to Section 11.02.06(B) of the St. Lucie County Land Development Code,
the Site Plan approval granted to Duke Energy Ft. Pierce, LLC., for the construction
of a 640 megawatt electric generating plant in the U Zoning District, which project is
to be known as Duke Energy Ft. Pierce Generating Station, is hereby extended for
an additional 12 months, which would now expire on February 6, 2003.
The property on which this Conditional Use Permit and Major Site Plan Extension 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 ¼ of said Section 31 for a distance of
1005.74 feet; thence departing said line run north 00002'42" 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 44044'24"
east, along said southeasterly right-of-way line for a distance of 1495.22 feet; thence departing said
line run south 45°15'05" east, for a distance of 334.48 feet to a point on a line lying 1035.50 feet south
January 15, 2002
Page 2
Resolution 02-029
Duke Conditional Use Extension
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of and parallel to the north line of the south 1/2 of said Section 31; thence run south 89059'47" 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
00002'42" 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 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 1~ 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 36049'24'' 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 Selvitz Road.)
The approvals and authorizations granted by this Resolution for the purpose of
obtaining building permits on this property, shall expire as noted in Paragraph A and
B above, unless the developer has obtained a building permit for this project.
Pursuant to Section 11.02.08 of the St. Lucie County Land Development Code, this
Board approved six conditions for the Duke Energy Ft. Pierce Generating Station
within Resolution 01-007, which are hereby amended to read as follows.
bu!Id!ngcv.""-. *~'--,..v ~.,~,";*,- Within sixty (60) days of site mobilization, 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 fo__r
potable water uses shall be discontinued upon such connections, but may be
continued cxccpt for thc !rrigation use (until such time as an alternative water
January 15, 2002
Page 3
Resolution 02-029
Duke Conditional Use Extension
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resource for irriqation is available) and for plant process water.
Prior to the issuance of any certificate of occupancy or other use
authorization for this facility, the final plats for Lots 7 and 8 of the Midway
Industrial Park, Unit III, ,~hal~ 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.
4. (no change from Resolution 01-007)
As part of the construction of this project, *~"-
ccnctruct that portion of South Jenkins Road from Environment Way, north to
the project entrance shall be constructed. A!! wcrk "'- t This work is to be
dcnc completed or bonded for prior to the issuance of a Certificate of
Occupancy for this project, and may be done as part of the required
improvements for the subdivision known as Midway Industrial Park, Unit III.
6. (no change from Resolution 01-007)
The Conditional Use Extension/Major Site Plan granted under this resolution is
specifically conditioned to the requirement that the petitioner, Duke Energy Ft.
Pierce, 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 C.
Go
A copy of this resolution shall be placed on file with the St. Lucie County Community
Development Director.
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
AYE
Vice-Chairman Cliff Barnes
AYE
Commissioner John Bruhn
AYE
Commissioner Paula Lewis
AYE
Commissioner Frannie Hutchinson
AYE
January 15, 2002
Page 4
Resolution 02-029
Duke Conditional Use Extension
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PASSED AND DULY ADOPTED this 22nd day of January, 2002
BOARD OF COUNTY COMMISSIQ .~, RS
ST. LUCIE COUNTY, FLORIDA,.
ATTEST~~
DI::P'UfFY CLERK ,~/~
H:\Conditional Uses~::)uke Energy\12202\Res02-029
January 15, 2002
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Resolution 02-029
Duke Conditional Use Extension