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HomeMy WebLinkAbout02-047 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 40 41 RESOLUTION 02-047 FILE NO.: CU-02-002 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT APPROVAL FOR GULFSTREAM NATURAL GAS SYSTEMS TO ALLOW THE CONSTRUCTION AND OPERATION OF A LINEAR GAS TRANSMISSION LINE PER SECTION 3.01.01(D) OF THE ST. LUClE COUNTY LAND DEVELOPMENT CODE TO BE KNOWN AS GULFSTREAM NATURAL GAS PIPELINE 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: Gulfstream Natural Gas Systems, presented a petition for a Conditional Use Permit to construct and operate a new linear gas transmission line, to be known as Gulfstream Natural Pipeline for the property described in Part B. On May 16, 2002, 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 for the property described in Part B. On June 18, 2002, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property, and continued review of this matter until July 16, 2002. On July 16, 2002, this Board reconvened the public hearing on this matter and accepted additional public comments and testimony. 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. FileNo.: CU-02-002 '~'~~ "~' 6. ~ Resolution02-047 July 16, 2002 Page 1 ~ 'Ti o~0z z '.'--I r'rl~ .,...o ff-- 1222 --< 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 o 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. 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. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on July 16, 2002. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for Gulfstream Natural Gas Systems to allow the construction and operation of a linear gas transmission line, to be known as Gulfstream Natural Gas Pipeline is hereby granted for the property described in Part B and as generally depicted in the attached Exhibit B, subject to the following condition: All pipeline crossings of any public road right-of-way, including the private Reserve Boulevard right of way are to be done in manner that does not involve a cut and fill operation. "Jack and bore" or similar methods of construction shall be employed in the crossing of all public rights of way, including Reserve Boulevard. The property on which this Conditional Use Permit is being granted is described as follows: A 300 foot corridor centered on the Florida East Coast Railroad K-Branch line from the intersecting point of the Martin, Okeechobee and St. Lucie County lines northeasterly to 1-95 then north along and inside the Florida Power And Light easement running from Glades Cut-Off Road to the Midway Road substation property. (Location: St. Lucie/Okeechobee County Line northeast to the 1/95 / Midway Road Intersection.) The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits for a linear gas transmission line and shall expire on July 16, 2003, unless the developer has obtained a building permit approval for the linear gas transmission line or an extension has been granted in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Gulfstream Natural Gas Systems, including any successors in interest, shall obtain all necessary development permits File No.: CU-02-002 Resolution 02-047 July 16, 2002 Page 2 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 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 approval. Should the Conditional Use 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. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward Vice-Chairman Cliff Barnes Commissioner John Bruhn Commissioner Paula Lewis Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED This 16th day of July 2002. BOARD OF COUNTY COMMI$S;io. NERS. ST. LUCIE COUNTY, C APPROV AS TO FORM AND/CO~ / C~)unty ~y 02-047(cs) File No.: CU-02-002 Resolution 02-047 July 16, 2002 Page 3 3.0 3_3. 3_2 3.3 3_5 3.6 l? Exhibit A Certificate Of Capacity '~0 '~0 File No.: CU-02-002 Resolution 02-047 July 16, 2002 Page 4 St Lucie County Certificate of Capacity Date 7/17/2002 Certificate No. 896 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 Lucia County Comprehensive Plan for: 1. Type of development CONDITIONAL USE PERMIT Number of units 1 Number of square feet 2. Property legal description & Tax ID no. 4116-334-0001-000/1 SLC/OKEECHOBEE LINE NE 1-95 MIDWAY RD GULFSTREAM NATURAL GAS PIPELINE 3. Approval: Building Resolution No. 02-047 Letter 07/17/02 4. Subject to the following conditions for concurrency: THE CONST OF PHASE 1 OF THE GP. THE GENERAL PIPELINE RTE WILL PARALLEL THE FEC RR K-BRANCH BEGINNING AT THE SW CORNER OF THE COUNTY WHERE SLC, OC AND MC TOUCH TRAVEL N TO RANGE LINE RD THEN S. TO 1/95/MIDWAY RD INT. Owner's name GULFSTREAM NATURAL GAS SYSTEMS Address 1905 INTERMODAL CIRCLE, STE. 210 PALMETTO FL 34221 6. Certificate Expiration Date 7/16/2003 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' {~ ~/~,~ Date: 7/17/2002 ~° mn ml~uunity Devel~op~ent Director St Lucie County, Florida Wednesday, July 17, 2002 Page 1 of 1 9 10 11 12 13 14 15 16 17 18 19 Exhibit B Corridor Alignment Map File No.: CU-02-002 Resolution 02-047 July 16, 2002 Page 6 ,fqunoo eeqoqoee~lO