Agenda Item Name:
Title
Continuation of the 12/14/21 BoCC meeting for ZOX-03-21: Duke Energy Special Exception Request for a Major Utility to allow a Telecommunications Facility at an Existing Substation.
End
Presenter:
Mehdi Benkhatar, 352-374-5261
Description:
A request by Shutts & Bowen LLP, agent, for Duke Energy Florida, Inc., owner, for a special exception to allow a major utility in the Agriculture zoning district. The site has an existing utility substation and is proposing to add a new, unmanned telecommunications shelter (13’ x 17’ building within a 40’ x 40’ gated compound area). As the existing substation predates the Comprehensive Plan and ULDC (operating since 1962), it exists as a legal, nonconforming use. The site has a future land use designation of Institutional and is approximately 15.12 acres
Recommended Action:
Recommended Action
Staff recommends that the Board of County Commissioners continue the discussion on ZOX-03-21 and approve ZOX-03-21 with the conditions and bases as listed in the staff report.
End
Prior Board Motions:
The Board voted on 12/14/21 to have the applicant work on possible condition language for the special exception and to continue discussion at the 1/25/22 meeting. However, as staff and the applicant further considered the nature of the application and possible conditions, additional meetings were needed. Therefore, the application was not ready to be brought back to the BoCC during meetings in February or March 2022. This item was brought back to the Board at its 4/26 meeting; however, a motion was made for further community outreach. The applicant subsequently held two community outreach meetings. Further discussions between the applicant and the attorney representing community members led to this item being deferred until the 8/9/22 meeting.
Fiscal Consideration:
Fiscal Consideration
None.
End
Strategic Guide:
Infrastructure
Background:
The applicant is requesting a special exception for a major utility (Duke Energy substation). The intent of this application is to upgrade the substation with a new telecommunications equipment shelter, generator and LPG tank. The substation on site has existed since the 1960s; however, it has never received approval from the Board of County Commissioners as a major utility and has existed as a legal, nonconforming use. Nonconforming uses cannot be expanded, per Sec. 408.12 of the Unified Land Development Code. Therefore, the Board of County Commissioners must formally approve this use as a major utility in order for Duke Energy to make the desired upgrades to the site.