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File #: 5949   
Type: Public Hearing Status: Adopted
File created: 7/14/2023 In control: Natural Resources Management
On agenda: 8/8/2023 Final action: 8/8/2023
Title: Public Interest Determination: Wetland Impacts for Florida Power and Light (FPL) Service Center, Port St. John Parkway & Grissom Road (District 1)
Attachments: 1. Applicant Submittal - FPL PSJ Service Center, 2. Email - Request for wetland hydrology confirmation

Subject:

Title

Public Interest Determination: Wetland Impacts for Florida Power and Light (FPL) Service Center, Port St. John Parkway & Grissom Road (District 1)

End

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)b, Kimley-Horn and Associates, Inc. (Kimley-Horn), on behalf of FPL, requests that the Board of County Commissioners (Board) grant a Public Interest Determination (PID) for wetland impacts proposed for the construction of a Service Center on the referenced parcels.

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Summary Explanation and Background:

Kimley-Horn, on behalf of FPL, submitted a Wetland Toolbox analysis (attached) for wetland impacts proposed for a commercial project at the northwestern intersection of Port St. John Parkway and Grissom Parkway (Tax Account Numbers 2312189, 2312191, 2312201, 2312203, 2312205, 2312213, 2312214, 2312233, 2312234, and 2312249). The properties contain three wetlands that encompass approximately 0.237 acres in total. The applicant proposes to impact all three wetlands to develop a Service Center, consisting of a two-story office building, a one-story warehouse building, a two-bay vehicle maintenance garage, and single bay truck wash, a 3,000-gallon above-ground fuel system, a truck stock building (maintenance supply), enclosure for generator and mechanical equipment, and associated parking, stormwater, and landscaping. The applicant is proposing to combine all ten parcels.

 

The applicant intends to impact all of two small isolated wetlands: Wetland A (0.018 acres), on the southwestern portion of the property, just north of Port St. John Parkway; and Wetland C (0.056 acres), near the northwestern corner of the property.  The proposed wetland impacts to Wetland B include 0.163 acre of the easternmost part of the wetland that extends off-site to the west-northwest. No-net-loss compensatory wetlands mitigation, meeting the criteria of Section 62-3694(e) and Section 62-3696, will be provided through a mitigation bank approved by the St. Johns River Water Management District (SJRWMD).

 

Chapter 62, Article X, Division 4, Section 62-3694(c)(3)b allows wetland impacts for commercial development along mitigation qualified roadways (MQRs):

 

On properties with frontage on mitigation qualified roadways, commercial or industrial land development activities may be permitted in wetlands if the property is designated for commercial or industrial land uses on the Future Land Use Map. Mitigation qualified roadways are depicted and identified in a table on Map 8 of the Comprehensive Plan Conservation Element. An amendment to the Comprehensive Plan shall be required to add a mitigation qualified roadway to Map 8 and the associated table.

 

The subject parcel has a Future Land Use designation of Community Commercial. Conservation Element Map 8 specifies Port St. John Parkway as an MQR.

 

Section 62-3694(c)(3)b 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.

 

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 wetlands using the Wetlands Toolbox. Wetland A scored 0.840, Wetland B scored 0.803, and Wetland C scored 0.947. All three wetlands are considered High Functioning wetlands as defined by Brevard County. Thus, impacts are prohibited unless the proposed impacts are found to be in the public interest.

 

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.

 

None of the three wetlands are larger than five acres. All three wetlands lie within a Landscape Level Polygon. However, hydrological connection to the St. Johns River or the Indian River Lagoon was not determined. The U.S. Army Corps of Engineers is currently not performing these determinations due to changes in federal regulations (email attached). Because the wetlands are defined as High Functioning, a PID is already required. Thus, the hydrological connectivity determination is moot for this project.

 

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…”

 

The applicant provided the following information regarding public interest for Board consideration:

 

This facility will support FPL in its day-to-day operations, which entails housing engineers, line crews, and other personnel charged with maintaining and expanding the electrical facilities in the area. The creation of this service will result in an increase in electrical grid reliability for the growing Port St. John’s community as well as offer faster electrical repairs and maintenance when needed, such as during significant storm events. 

 

It is therefore requested that the Board consider the applicant’s request for a PID for wetland impacts for an FPL Service Center commercial project at the northwest intersection of Port St. John Parkway and Grissom Parkway. This action only addresses the wetland components of the development and does not convey any approvals, entitlements or assurances regarding any other regulatory concerns including but not limited to; zoning, site plan approval, building permits or vacating.

Clerk to the Board Instructions:

None