HomeMy WebLinkAbout03-012RESOLUTION NO. 03-012
File No.: BCC-03-006
A RESOLUTION DENYING A 12-MONTH
EXTENSI3N TO A PREVIOUSLY APPROVED
PRELIMINARY PLANNED NON-RESIDENTIAL
DEVELO =MENT APPROVAL FOR A PROJECT
KNOWN AS COONEY/ MIDWAY GROVES AND
DENYING A 12-MONTH EXTENSION TO AN
APPROV =D FINAL PLANNED NON-RESIDENTIAL
DEVELO ~MENT APPROVAL FOR A PROJECT
KNOWN AS MIDWAY ENERGY CENTER
WHEREAS, the Boa rd of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, ir~cluding but not limited to the staff report, has made the following
determinations:
On April 3, 2001, this Board through Resolution 01-012 approved the
Preliminary ~lanned Non-Residential Development Plan for the project
known as Cooney/Midway Groves PNRD and the Final Planned Non-
Residential =lan for the project known as Midway Energy Center, a
proposed 510 megawatt electric generating facility, on property located on
the north side of West Midway Road approximately .76 miles east of 11 -Mile
Road and approximately one-half mile west of 1-95, after publishing a notice
of such hear ng in the Port St. Lucie News and the Tribune and notifying by
mail all owners of property within 500 feet of the subject property.
On March 6, 2003, the developer submitted a request for a 12-month
extension to the approved Cooney/Midway Groves Preliminary PNRD plan
and the approved Midway Energy Center PNRD plan because of financial
constraints caused by the bankruptcy of the parent company (ENRON) and
ongoing discussions with an alternative company to complete the
construction of the project.
The developers of the Cooney/ Midway Groves - Planned Non-Residential
Developmert and the Midway Energy Center PNRD have requested that
they be gran-ed a 12-month extension to both the Preliminary Planned Non-
Residential Development approval and the Final Planned Non-Residential
Developmert approval for these projects, which if approved would carry
these projec: approval periods through to April 3, 2004.
On April 1, 2003, this Board held a public hearing on the petition, after
publishing notice at least 10 days prior to the hearing and notifying by mail
April 1, 2003 ~¢~,t ('2~.~ ,~
Resolution
03-012
Page I ~'~ . ~ ,/~
' · BCC-03-006
all owners ol 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 11.02.06(B)(3) of the St. Lucie County Land Development
Code, the requested extension to the Preliminary Planned Non-Residential
Development Plan for the project known as Cooney ! Midway Groves PNRD and
the Final Planned Non-Residential Plan for the project known as Midway Energy
Center, for the construction of the Midway Energy Center Planned Non-Residential
Development, is ~ereby denied, and the Final Development Order approvals
granted through Resolution 01 ~012 are hereby repealed, for the following reasons:
1.)
The petitior~ers have not demonstrated to the satisfaction of this board that
they have been maintaining consistent progress towards bringing this project
forward.
2.)
Land uses within the surrounding area have changed since the original
project ap~roval to the extent that the development of a electrical power
generation facility would no longer be appropriate for the property.
A copy of this reso ution shall be placed on file with the St. Lucie County Community
Development Dire,;tor.
After motion and second, the vote on this Resolution was as follows:
Chairman Cliff Barnes
Vice-Chairman Paula Lewis
Commissio3er John Bruhn
Commissioler Frannie Hutchinson
Commissio3er Doug Coward
AYE
AYE
AYE
AYE
AYE
PASSED AND DULY AEOPTED this 1st day of April, 2003
April 1, 2003 Resolution 03-012
Page 2 BCC-03-006
ATTEST:
BOARD OF COUNTY COMI~ISSiONI~RS
ST. LUCIE COUNTY, F~ORIDA ~ "
BY: /
HAI RMAN ....
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
April 1,2003 Resolution 03-012
Page 3 BCC-03-006