DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF RECEIPT OF LAND USE DETERMINATION
On January 31, 2013, the Department of Environmental Protection received a determination from Miami-Dade County that the Florida Power and Light Company Turkey Point Units 6 and 7 Power Plant Siting Application No. PA03-45A3, OGC Case No. 09-3107, DOAH Case No. 09-003575EPP, is consistent with existing local land use plans and zoning ordinances in Miami-Dade County pursuant to the Florida Electrical Power Plant Siting Act, Section 403.50665, F.S. A copy of the determination of compliance is available for review in the office of Cindy Mulkey, Siting Coordination Office, Department of Environmental Protection, 3900 Commonwealth Blvd., M.S. 48, Tallahassee, Florida 32399-3000, (850)245-2002.
Specifically, Miami-Dade County issued a determination that, subject to compliance with all applicable zoning resolutions, Turkey Point Units 6 & 7 and associated non-transmission facilities are consistent with the County’s Comprehensive Development Master Plan, local zoning ordinances and zoning approvals, contingent upon the siting of the proposed reclaimed water treatment facility on the proposed “Alternate Site.” Miami-Dade County indicated that additional information is needed to determine the consistency of the transmission line corridors, or portions thereof, that are not within an established right-of-way with the CDMP and County Code.
Pursuant to Section 403.50665(4), F.S., if any substantially affected person wishes to dispute Miami-Dade County’s determination that the proposed Turkey Point Units 6 and 7 Power Plant is consistent with Miami-Dade County’s existing land use plans and zoning ordinances, he or she must file a petition with the Department within 21 days after the publication of notice of the local government’s determination. If a hearing is requested, a land use hearing will be consolidated with a hearing on site certification to be held in Miami-Dade County. A notice will be published as per the provisions of Section 403.5115, F.S. If the administrative law judge concludes that the proposed site is not consistent or in compliance with existing land use plans and zoning ordinances, the administrative law judge shall receive at the hearing evidence on, and address in the recommended order, any changes to or approvals or variances under the applicable land use plans or zoning ordinances which will render the proposed site consistent and in compliance with the local land use plans and zoning ordinances.
A person whose substantial interests are affected by the proposed determination of consistency may petition for an administrative hearing in accordance with Section 403.50665(4), F.S. The petition must be filed with the administrative law judge, Florida Division of Administrative Hearings, Case No. 09-3575EPP. The petition should contain: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the determination; (c) A statement of how and when each petitioner received notice of the agency action or proposed action; (d) A statement of all disputed issues of material fact; If there are none, the petitioner shall so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the proposed action; and (g) A statement of the relief sought by the petitioner. A petition that does not dispute the material facts shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, Florida Administrative Code.
