PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
FPL SWEETBAY SOLAR ENERGY FACILITY MAJOR FINAL SITE PLAN (F109-002)
end
EXECUTIVE SUMMARY:
executive summary
Florida Power & Light Company requests approval of a Major Final Site Plan for the development of approximately 271 acres of solar array panels, a 1.8 acre substation, and a 5.5 acre lake/borrow pit on approximately 566 acres located approximately 1 ½ miles north of SW Warfield Boulevard (SR 710) on the east side of SW Allapattah Road (CR 609) in western Martin County.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Catherine Riiska
Title: Principal Planner
REQUESTED BY: Florida Power and Light Company
PRESET: 1:30 PM
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The subject site consists of approximately 566 acres with a historical use of agriculture. The site contains improved pasture, limited areas of upland habitat, and approximately 79.8 acres of wetlands. The project proposes installation of approximately 271 acres of solar array panels, a 1.8 acre substation, and a 5.5 acre lake/borrow pit. Development of the project is required to demonstrate compliance with all applicable policies and development standards associated with the proposed use as a solar energy facility, which is a permitted use within the designated agricultural future land use and underlying zoning districts of A-2 and AG-20A.
The site has a designated land use of Agricultural and is zoned A-2 and AG-20A, and abuts existing agriculture to the north and east, SW Allapattah Road to the west, and an existing residential subdivision to the south. Two access points are proposed via SW Allapattah Road, and a landscaping buffer is proposed adjacent to the residential use to the south in accordance with Section 3.100.1.E., LDR, Martin County, Fla. (2018). This project is not located within or adjacent to an urban service district boundary and is proposed to be unmanned, so no utilities services are required or proposed. A Preserve Area Management Plan (PAMP) has been provided for wetland and upland preserve area establishment and management in perpetuity.
During the review process, the Applicant agreed to convey a 15 foot Right of Way Easement on SW Allapattah Road to Martin County. Sec. 139.31 and 139.32, General Ordinances, Martin County Code require that any conveyance of an interest in land to Martin County for any public purpose shall be accepted and approved by resolution by the Board of County Commissioners of Martin County. Staff has prepared a resolution accepting the conveyance.
This application is classified as a final site plan for major development, therefore, the application requires two public hearings to provide the public an opportunity to participate in the review and decision making process. This application was heard before the Local Planning Agency on January 3, 2019, and received a unanimous (5-0) recommendation of approval.
The following supporting materials are provided attached to this Agenda Item:
Staff Report
Draft Resolution for Approval of Final Site Plan
Site Legal Description (Exhibit A to resolution)
Final Site Plan (Exhibit B to resolution)
PAMP (Exhibit C to resolution)
Draft resolution for Approval of ROW Easement
Application Materials
Unity of Title
Draft Right-of-Way Easement
Noticing Sign Posting Certification
Noticing Letter Template
Noticing Legal Ad
Draft Resolution for Denial of Final Site Plan
The following information regarding presentations by staff and the applicant is provided.
Staff presentation-
Estimated time: Approximately 5 minutes
Catherine Riiska, Principal Planner
Additional County Staff as needed
Applicant presentation-
Estimated time: Approximately 30 minutes
Amy Brunjes, FPL
Robert Raynes, Attorney
Josh Long, Planner
Krista Hendricks, FPL
Morris Crady, Landscape Architect
Butch Terpening, Engineer
ISSUES:
There are no unresolved issues associated with this application.
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi-judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision that is based on a correct application of the law and competent substantial evidence in the record. Suggested procedures to follow during consideration of this matter are attached.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the Agenda Item Summary and all of its attachments including the Staff Report for the record as Exhibit 1.
2. Move that the Board approve the FPL Sweetbay Solar Energy Facility Final Site Plan and adopt the resolution of approval.
3. Move that the Board approve the resolution accepting a 15‘ Right-of-Way Easement on SW Allapattah Road from Florida Power & Light, a Florida corporation to Martin County and authorize the Chairman to execute any and all documents necessary to complete the transaction.
ALTERNATIVE RECOMMENDATIONS
2.A Move that the Board continue this matter to a date certain.
3.AMove that the Board deny the FPL Sweetbay Solar Energy Facility Final Site Plan and adopt a resolution of denial setting forth the reasons for the denial.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid $580 in sufficiency review fees and $11,409 in application review fees.
|
Funding Source |
County Funds |
Non-County Funds |
|
|
|
|
|
|
|
|
|
|
|
|
|
Subtotal |
|
|
|
Project Total |
|
ALTERNATIVE RECOMMENDATIONS
As above.
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other:
2 Resolutions: Final Site Plan resolution and ROW Easement resolution