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HomeMy WebLinkAbout1979-02640 40 • 9't - • ; RESOLUTION NO. 79-26 RESOLUTION GRANTING A DEVELOPMENT ORDER WHEREAS, Florida Power and Light Company, hereinafter referred to as F P & L, has filed with Indian River County an Application for Development Approval of Development of Regional. Impact, and WHEREAS, these proceedings related to a proposed electrical transmission line to be located upon a right of way in Indian River, St. Lucie, Osceola, and Orange Counties, Florida, and WHEREAS, upon publication and furnishings of due notice, a public hearing in these proceedings was held February 21, 1979, before the Board of County Commissioners of Indian River County, Florida, and WHEREAS, said Board of County Commissioners has considered the testimony, reports and other documentary evidence submitted at said public hearings by F P & L, the Treasure Coast Regional Planning Council as well as Indian River County staff agencies, and WHEREAS, said Board of County Commissioners, having con- sidered all of the foregoing, and being fully advised and in- formed in the premises, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Indian River County, Florida, that said Board make the following findings of fact: 40 40 0 1. A Notice of Public Hearing in these proceedings was duly published in the Vero Beach Press Journal, a newspaper of general circulation in Indian River County, Florida, pursuant to Section 380.06, Florida Statutes and proof of said publication has been duly filed in these proceedings. 2. Upon consideration of all matters prescribed in Section 380.06(11) of the Florida Statutes, it is determined that: A. The development is not located in an area of critical state concern. B. The development does not unreasonably interfere with and is not inconsistent with the achievement of the objectives of an adopted state land development plan. C. Subject to the conditions, restrictions, and limitations hereinafter set forth, the development is con- sistent with.local land development regulations and is con- sistent with the report and recommendations of the Treasure Coast Regional Planning Council on file in these proceedings. BE IT FURTHER RESOLVED, by said Board of County Commissioners, as conclusions of law, that these proceedings have been duly conducted pursuant to the provisions of Chapter 380, Florida Statutes; and that F P & L has sustained and proved all the material allegations and assertions made in the above mentioned application and, subject to the conditions, restrictions and limitations hereinafter set forth, F P & L is entitled to the relief prayed and applied for in said application, 40 do 4 • 1 BE IT FURTHER RESOLVED, by said Board of County Commissioners that, AS THE DEVELOPMENT ORDER, THAT A. The Application for Development Approval of Development of Regional Impact (Exhibit 1 ) and additional materials submitted to the Treasure Coast Regional Planning Council filed in these proceedings by F P & L is hereby approved subject to the following conditions, definitions, restrictions, and limitations: 1. The following information submitted by the developer shall be made a part of the Development Order by an express condition of the Development Order. a. Development of Regional Impact, Application for Development Approval for Lake-Poinsett-Martin- Midway 500 KV Transmission Lines and modifications to existing 240 KV System, dated July 28, 1978. b. Letter from the applicant to Mr. Dave Maltby, dated December 14, 1978, requesting a modification in the alignment to bypass the proposed Fort Drum Marsh Conservation Area. 2. The applicant shall submit to the Board of County Commissioners of Indian River County and the Treasure Coast Regional Planning Council a final alignment of the proposed transmission line for the purpose of determining whether or not the final alignment has been significantly altered from the proposed corridor as presented in the ADA and modified by applicant's letter of December 14, 1978. For the purpose of this deter- mination a standard of: 1) deviation of 1,000 feet or greater from proposed line or 2) increase by 5% or more of the area of citrus groves or wetlands crossed by the R.O.W. shall be used to determine if the alignment has been substantially altered. A substantially altered alignment may require further review of the ADA. - 3 - F-. 40 Y 3. The applicant shall use restricted cutting practices where the transmission line crosses Fort Drum Creek, Padgett Branch, and Blue Cypress Creek. For the purposes of this recommendation, restricted cutting is defined on page 35-13 of the ADA. 4. In the event that an archaeological site or sites are found by the planned archaeological survey, proper protection, to the satisfaction of the State of Florida, Division of Archives, History and Records Management (Division of Archives), shall be provided by the applicant. In the event of discovery of archaeological artifacts during project construction, the applicant shall stop construction in that area and notify the Division of Archives. Proper protection, to the satisfaction of the Division of Archives, shall be provided by the applicant. 5. Plans and specifications for the vegetation clearing and access roads within and along the Fort Drum Creek, Padgett Branch, and Blue Cypress Creek flood plains shall be subject to St. Johns River Water Management District approval. 6. A minimum line span of 1300' shall be used for crossing Fort Drum Creek, Padgett Branch and Blue Cypress Creek. 7. The applicant shall incorporate multiple use practices, to the maximum extent possible, for the transmission line R.O.W., particularly when the R.O.W. crosses existing citrus groves. 8. The applicant will adjust the location of the line within the general corridor to minimize the impact on existing citrus groves located in Indian River County. B. A finding by the Board of County Commissioners of Indian River County, Florida, in accordance with Section 380. 06(7) Florida Statutes after notice and public hearing, that F P & L has substantially deviated from the conditions, re- strictions and limitations of this Development Order shall result in termination of all development activity under this Development Order and additional regional review pursuant to Section 380.06, Florida Statutes, and other applicable laws of the State of Florida. - 4 - LI 77 C. The County Attorney is hereby authorized and directed to cause a certified copy hereof to be served upon the Florida Division of State Planning and the Treasure Coast Regional . Planning Council and upon the agent for record in these proceedings for F P & L. ADOPTED in regular session with a quorum present and voting, this 7th day of March, 1979. BOARD OF COUNTY COKKISSIONERS OF INDIAN /RIVER COUNTY; YLORIDA.:._ By: William C. Wodtke;•. Jr. Vrhair man Attest: