Subject:
Title
Public Interest Determination: Wetland Impacts for Linde Mims Plant Expansion at Hammock Road, Tax Account Number 2103214 (District 1)
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Fiscal Impact:
None
Dept/Office:
Natural Resources Management Department
Requested Action:
Recommendation
In accordance with Chapter 62, Article X, Division 4, Section 62-3694(c)(3)c, Kimley-Horn and Associates, Inc. (Kimley-Horn) on behalf of Linde Engineering Americas (Linde), and on behalf of PRAXAIR Inc. (Praxair), requests that the Board of County Commissioners (Board) consider a Public Interest Determination (PID) for wetland impacts proposed for an industrial project on the referenced parcel. End
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Summary Explanation and Background:
Kimley-Horn, on behalf of Linde, and on behalf of Praxair, submitted a Wetland Toolbox analysis (attached) for wetland impacts proposed for an industrial project (25SP00032) located east of Hammock Road in Mims (Tax Account #2103214). The property contains one wetland that is approximately 5.97 acres. The project proposes to directly impact 1.07 acres of the on-site wetland, as depicted in Figure 1 of Kimley-Horn’s report, to expand the existing air separation plant thereby increasing production capacity. According to the company website, Linde US produces industrial, specialty and process gases. A site plan (25SP00032) for the facility expansion is currently under development review. A Conditional Use Permit (CUP) for Heavy Industry was approved by the Board on July 17, 2025, under zoning action 25Z00017.
To achieve no-net-loss of functional wetlands within Brevard County as required by the Brevard County Comprehensive Plan (Conservation Element Objective 5), the applicant is proposing to purchase 1.056 Uniform Mitigation Assessment Method (UMAM) wetland mitigation credits at Farmton Mitigation Bank, located in Brevard/Volusia counties.
The Florida Department of Environmental Protection (FDEP) has approved the amount of mitigation credits required to offset the proposed 1.07-acre wetland impacts and approved the proposed mitigation bank. The project is currently under review with FDEP under Environmental Resource Permit (ERP) number 0368663-002-EI.
Chapter 62, Article X, Division 4, Section 62-3694(c)(3)(c) allows wetland impacts for industrial development activities on properties designated for commercial or industrial land uses on the Future Land Use Map prior to February 23, 1996, if the property abuts land(s) developed as commercial or industrial as of December 31, 2010, and has sufficient infrastructure available to serve the commercial or industrial use.
The subject site is currently designated as IND (Industrial) on the Future Land Use Map (FLUM), approved by the Board February 17, 2025, under application 24SS00016. Prior to 2025, the site had PI (Planned Industrial), which was originally established in May 1988.
Additionally, the subject site currently abuts land developed as Industrial as of December 31, 2010, as the Praxair site (formerly known as Union Carbide Industrial Gasses, Inc.) established Light Industrial (IU) zoning in April 1961 under Z-459. The plant was built in 1965 according to the Brevard Property Appraiser. Thus, the subject site meets the abutting criteria outlined in Section 62-3694(c)(3)(c) to allow wetland impacts for industrial development activities.
Section 62-3694(c)(3)(c) further states that wetlands proposed for impact shall be assessed using methodologies established in the Countywide Wetlands Study, to determine if they meet the criteria of High Functioning Wetlands or Landscape Level Wetlands. Impacts to High Functioning or Landscape Level wetlands shall be prohibited unless the proposed impacts are found to be in the public interest. Public interest is defined as “demonstrable environmental, social and economic benefits which would accrue to the public at large as a result of a proposed action, and which could clearly exceed all demonstrable environmental, social, and economic costs of the proposed action…”
A landscape level wetland is defined in Section 62-3691 as a wetland that is EITHER 1) five (5) acres or larger; OR 2) located within the Landscape Level Polygon depicted on Map 9 of the Brevard County Comprehensive Plan Conservation Element, and the U.S. Army Corps of Engineers determines the wetland is hydrologically connected to the St. Johns River or Indian River Lagoon System. The subject wetland lies within the Landscape Level Polygon and is hydrologically connected to the Indian River.
A High Functioning wetland is defined in Section 62-3691 as a wetland that scores 0.66 or above as determined by the Brevard County Wetlands Assessment Method (a.k.a., Wetlands Toolbox). Kimley-Horn assessed the subject wetland using the Wetlands Toolbox. The subject wetland scored 0.4, which does not result in a high-functioning wetland qualification.
In summary, the subject wetland is not considered a High Functioning wetland as defined by Brevard County. However, the subject wetland is considered a Landscape Level wetland. Thus, impacts are prohibited unless the proposed impacts are found to be in the public interest, or of overriding public benefit.
The applicant provided the following information regarding public interest for the Board’s consideration:
The proposed project will result in an expansion to the existing Linde facility. This expansion will allow an increase in operation and product output. The expansion of this facility will result in an increase in essential products available to local Brevard County businesses and provide an increase in employment opportunities, benefiting the local economy. While marginal wetland impacts are proposed, the wetlands to be impacted are degraded and do not offer significant ecological value to the community. The benefits to the public from increased employment and positive contribution to the local economy far outweighs the ecological value this degraded wetland system provides.
Should the Board approve the PID, the Applicant shall be required to comply with all other applicable land development regulations at the time of Brevard County permitting.
Board options:
Option 1: Approve PID as presented, including all mitigating site plan provisions.
Option 2: Deny PID.
Option 3: Provide other direction.
Clerk to the Board Instructions:
None.