HomeMy WebLinkAboutGM-09-012 - SL 2617 Fox Telecommunication Tower 1~ GM 09-012
2 MNSP-820081508
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s AN ORDER GRANTING APPROVAL FOR A MINOR SITE
6 PLAN FOR THE PROJECT KNOWN AS "SL 2617 FOX
7 TELECOMMUNICATION TOWER" LOCATED IN THE IL
8 (INDUSTRIAL, LIGHT) ZONING DISTRICT, FOR THE
9 PROPERTY ON SOUTH SIDE OF ST. LUCIE BLVD.,
1o APPROXIMATELY 2100 FT EAST OF KEEN ROAD, ST.
11 LUCIE COUNTY, FLORIDA.
12
13
14 WHEREAS, the St. Lucie County Growth Management Director has reviewed the
is application for a Minor Site Plan approval submitted by PJ Development LLC,
16 reviewed the comments of the St. Lucie County Development Review Committee on
17 this application, and made the following determinations:
18
19 1. PJ Development, LLC, presented a petition for a Minor Site Plan approval for
20 the project known as SL 2617 Fox Telecommunication Tower for the
21 construction of a one hundred and thirty five ft (135') tall monopole
22 telecommunication tower with a maximum of five (5) co-located
23 telecommunication antennas, located in the IL (Industrial, Light) Zoning District
24 for the property on south side of St. Lucie Blvd., approximately 2100 ft east of
2s Keen Road, St. Lucie County, Florida, depicted on the attached maps as Exhibit
26 "A" and described in Part "B" below.
27
28 2. The Development Review Committee has reviewed the Site Plan for the
29 proposed project and found it to meet the technical requirements of the Land
30 Development Code, subject to the conditions set forth in Part "A" of this
31 Growth Management Order.
32
33 3. The project is consistent with the general purpose, goals, objectives, and
34 policies of the St. Lucie County Comprehensive Plan and regulations set forth
3s in the St. Lucie County Land Development Code.
36
37 4. The project will not have an undue adverse effect on adjacent property, the
38 character of the neighborhood, traffic conditions, parking, utility facilities, or
39 other matters affecting the public health, safety, and general welfare.
40
41 5. All reasonable steps have been taken to minimize any adverse effect of the
42 proposed project on the immediate vicinity through building design, site
File No.:MNSP 820081508 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Resolution No. 09-012
September 11, 2009 SAINT LUCIE COUNTY Page 1
FILE # 3395102 09/28/2009 at 09:14 AM
OR BOOK 3131 PAGE 2447 - 2455 Doc Type: ORD
RECORDING: $78.D0
1 • design, landscaping, and screening.
2
3 6. The project will be constructed, arranged, and operated so as not to interfere
4 with the development and use of neighboring property, in accordance with
5 applicable district regulations.
6
7 7. The applicant has applied for and received a Certificate of Capacity No. 2834,
8 a copy of which is attached to this order as Exhibit "B," as required under
9 Chapter V, St. Lucie County Land Development Code.
10
11 NOW, THEREFORE, BE IT ORDERED:
12
13 A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development
14 Code, the proposed Minor Site Plan to be known as SL 2617 Fox
15 Telecommunication Tower is hereby approved as shown on the site plan
16 prepared by Kimley--Horn and Associates Inc, dated July 2008 and last
17 revised on June 22, 2009, and date stamped received by the St. Lucie County
18 Growth Management Director on August 7, 2009, for the property described
19 below, subject to the following conditions:
20
21 1. Prior to Final Building Permit Inspection all warning signage shall be installed
22 and conform to Section 7.10.23(C.7. a. thru f.) of the St. Lucie County Land
23 Development Code. The warning signs shall be inspected by the Code
24 Compliance Division.
25
26 2. Prior to the issuance of a Building Permit a cash security fund or an irrevocable
27 letter of credit, or, bond in the amount of $25,000 shall be submitted in a manner
28 and form acceptable to the St. Lucie County Attorney, to secure the cost of
29 removing this tower and the initial set of antenna or antenna array should it be
30 determined to be abandoned in accordance with Section 7.10.23(Q) of the Land
31 Development Code. Each subsequent antenna or antenna array shall be
32 subject to an additional cash security fund or irrevocable letter of credit to secure
33 the cost of removing the antenna or antenna array should it be determined to be
34 abandoned in accordance with Section 7.10.23(Q) of the Land Development
35 Code.
36
37 3. In accordance with Land Development Code Section 7.10.23(S)
38 telecommunication tower owners shall submit a report to the Building
39 Department certifying structural and electrical integrity of the tower every five (5)
40 years following the Building Permit final inspection approval. This report shall be
41 accompanied by anon-refundable fee of two hundred dollars ($200.00) to
42 reimburse the County for the cost of review.
43
File No.:MNSP 820081508 Resolution No. 09-012
September 11, 2009 Page 2
1' 4. Prior to the issuance of any permit, owners and/or operators of towers shall
2 certify that all licenses required by law for the construction and/or operation of a
3 wireless communications system in the County have been obtained and file a
4 copy of all required licenses with the St. Lucie County Growth Management
5 Department and the Building Department, pursuant to Section 7.10.23(C)12 of
6 Ordinance No. 08-008.
7
8 5. This telecommunication tower must meet or exceed current standards and
9 regulations of the FAA, the FCC, including radio frequency emission standards
10 and regulations of the State or Federal government with the authority to regulate
11 to this tower. If such applicable standards and regulations are changed, then the
12 owners of this telecommunication tower shall bring this tower and antennas into
13 compliance with such revised standards within six (6) months of the effective
14 date of such standards and regulations, unless a different compliance schedule
15 is mandated by the controlling State or Federal agency. Failure to bring this
16 tower and antennas into compliance with such revised standards and regulations
17 shall constitute grounds for the removal of the tower at the expense of the
18 owner.
19
20 6. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
21 shall have obtained and provided the Environmental Resources Department with
22 copies of any required federal and state permits. If federal or state agency
23 compliance requires modification to the development plans, the applicant will
24 promptly modify the plans and submit to St. Lucie County for review and
25 approval as required by the Land Development Code. The applicant will not use
26 the County's development approval to prevent compliance with any federal or
27 state agency requirements.
28
29 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
30 shall execute an Improvement Agreement, acceptable to St. Lucie County, for
31 the cost of all required landscaping, tree mitigation, irrigation, and related
32 improvements as shown in the site plans. A copy of this agreement can be
33 obtained by visiting the St. Lucie County Environmental Resources Department
34 website at: http://www.stlucieco.org/erd/index.htm.
35
36 8. Within 60 days after receiving final site plan approval, the applicant shall execute
37 an agreement to pay afee-in-lieu of construction for sidewalks or multi-purpose
38 paths and remit to the County the required funds. The acceptable method of
39 payment shall be a certified check payable to St. Lucie County. A copy of the
40 standard "Agreement" can be obtained by visiting the St. Lucie County Public
41 Works Department website at: http://www.stlucieco.gov/public works/index.htm.
42
43 9. Within 90 days after receiving final site plan approval, the applicant shall convey
44 the required road right of way for (80-feet) St. Lucie Boulevard. Manner and form
File No.:MNSP 820081508 Resolution No. 09-012
September 11, 2009 Page 3
1~ of conveyance shall be acceptable to the County Attorney. The sketch and legal
2 description shall be prepared by a Florida licensed surveyor and mapper.
3 Pursuant to Chapter 7.05.03 of the St. Lucie County Land Development Code,
4 the applicant may be granted credits against road impact fees.
5
6 10. Prior to any crane activities, the owner and/or operator shall be required to notify
7 the St. Lucie County International Airport a minimum of 72 hours in advance of
8 the crane use.
9
10 11. Prior to issuance the building permit, the property owner, his successors or
11 assigns is required to provide a copy of lease agreement with the owner of the
12 property to the St. Lucie County Growth Management Department and the
13 Building Department.
14
15 B. The property on which this Minor Site Plan approval is being granted is
16 described as follows:
17
18 LEGAL DESCRIPTION (Parent Parcel)
19
20 PARCEL 1
21 THE SOUTH 139.33 FEET OF THE NORTH 237.33 FEET OF THE WEST
22 312.25 FEET OF THE EAST 684.50 FEET OF THE NE 1/4 OF THE NW 1/4 OF
23 SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE
24 COUNTY, FLORIDA. LESS AND EXCEPT SUCH OF THE FOLLOWING
25 DESCRIBED PARCEL AS LIES WITHIN PARCEL 1; COMMENCE AT THE
26 NORTH QUARTER CORNER OF SECTION 31, TOWNSHIP 34 SOUTH,
27 RANGE 40 EAST; THENCE S00°09'12"W, A DISTANCE OF 98.00 FEET;
28 THENCE N89°48'22"W TO THE WEST LINE OF THE EAST 684.50 FEET OF
29 THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 31, A
30 DISTANCE OF 684.50 FEET TO THE POINT OF BEGINNING; THENCE
31 S89°48'22"E, A DISTANCE OF 7.01 FEET; THENCE S00°12'28"W, A
32 DISTANCE OF 605.53 FEET; THENCE N89°47'43"W, A DISTANCE OF 6.43
33 FEET; THENCE N00°09'12"E, A DISTANCE OF 605.53 FEET TO THE POINT
34 OF BEGINNING. SUBJECT TO AN EASEMENT OVER THE EAST 30 FEET
35 THEREOF.
36
37 PARCEL 2
38 THE EAST 684.50 FEET OF THE SOUTH 836.00 FEET OF THE NORTH 934
39 FEET OF THE NE 1/4 OF THE NW 1/4 OF SECTION 31, TOWNSHIP 34
40 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LESS THE
41 EAST 342.25 FEET THEREOF: LESS AND EXCEPT THE FOLLOWING
42 DESCRIBED PARCEL; PARCEL ONE, THE SOUTH 139.33 FEET OF THE
43 NORTH 237.33 FEET OF THE WEST 312.25 FEET OF THE EAST 684.50
44 FEET OF THE NE 1/4 OF THE NW 1/4 OF SECTION 31, TOWNSHIP 34
Fife No.:MNSP 820081508 Resolution No. 09-012
September 11, 2009 Page 4
1• SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. ALSO LESS AND
2 EXCEPT SUCH OF THE FOLLOWING DESCRIBED PARCEL AS LIES
3 WITHIN PARCEL 2; COMMENCE AT THE NORTH QUARTER CORNER OF
4 SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST; THENCE
5 S00°09'12"W, A DISTANCE OF 98.00 FEET; THENCE N89°48'22"W TO THE
6 WEST LINE OF THE EAST 684.50 FEET OF THE NORTHEAST 1/4 OF THE
7 NORTHWEST 1/4 OF SAID SECTION 31, A DISTANCE OF 684.50 FEET TO
8 THE POINT OF BEGINNING; THENCE S89°48'22"E, A DISTANCE OF 7.01
9 FEET; THENCE S00°12'28"W, A DISTANCE OF 605.53 FEET; THENCE
10 N89°47'43"W, A DISTANCE OF 6.43 FEET; THENCE N00°09'12"E, A
11 DISTANCE OF 605.53 FEET TO THE POINT OF BEGINNING. SUBJECT TO
12 AN EASEMENT OVER THE EAST 30 FEET THEREOF.
13
14 DRIVEWAY
15 A PORTION OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST,
16 ST.LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
17 AS FOLLOWS:
18
19 COMMENCE AT THE NORTH QUARTER CORNER OF SAID SECTION
20 31; THENCE SOUTH 00°09'12" WEST, ALONG THE EAST LINE OF SAID
21 SECTION 31, A DISTANCE OF 98.00 FEET TO THE SOUTH RIGHT OF
22 WAY LINE OF ST LUCIE BOULEVARD; THENCE DEPARTING SAID EAST
23 LINE, NORTH 89°48'22" WEST, ALONG SAID SOUTH RIGHT OF WAY
24 LINE, A DISTANCE OF 342.25 FEET; THENCE DEPARTING SAID SOUTH
25 RIGHT OF WAY LINE, SOUTH 00°09'12" WEST, A DISTANCE OF 786.00
26 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00°09'12" WEST, A
27 DISTANCE OF 20.00 FEET; THENCE NORTH 89°48'22" WEST, A DISTANCE
28 OF 54.99 FEET; THENCE NORTH 00°11'38" EAST, A DISTANCE OF 20.00
29 FEET; THENCE SOUTH 89°48'22" EAST, A DISTANCE OF 54.98 FEET
30 TO THE POINT OFBEGINNING.
31
32 CONTAINING 0.0252 ACRES OR 1099 SQUARE FEET, MORE OR LESS.
33
34 LEASE AREA
35 A PORTION OF SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST,
36 ST.LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
37 AS FOLLOWS:
38
39 COMMENCE AT THE NORTH QUARTER CORNER OF SAID SECTION
40 31; THENCE SOUTH 00°09'12" WEST, ALONG THE EAST LINE OF SAID
41 SECTION 31, A DISTANCE OF 98.00 FEET TO THE SOUTH RIGHT OF
42 WAY LINE OF ST LUCIE BOULEVARD; THENCE DEPARTING SAID EAST
43 LINE, NORTH 89°48'22" WEST, ALONG SAID SOUTH RIGHT OF WAY
44 LINE, A DISTANCE OF 342.25 FEET; THENCE DEPARTING SAID SOUTH
File No.:MNSP 820081508 Resolution No. 09-012
September 11, 2009 Page 5
1 RIGHT OF WAY LINE, SOUTH 00°09'12" WEST, A DISTANCE OF 766.00
2 FEET; THENCE NORTH 89°48'22" WEST, A DISTANCE OF 54.96 FEET TO
3 THE POINT OF BEGINNING: THENCE SOUTH 00°11'38" WEST, A DISTANCE
4 OF 60.00 FEET; THENCE NORTH 89°48'22" WEST, A DISTANCE OF 120.00
5 FEET; THENCE NORTH 00°11'38" EAST, A DISTANCE OF 60.00 FEET;
6 THENCE SOUTH 89°48'22" EAST, A DISTANCE OF 120.00 FEET TO THE
7 POINT OF BEGINNING.
8
9 CONTAINING 0.1653 ACRES OR 7200 SQUARE FEET, MORE OR LESS.
10
11 Parcel Id: 1431-211-0001-000/2
12
13 Location: South Side of St. Lucie Blvd., approximately 2100 ft east of Keen
14 Road
15
16 C. The approvals granted by this Growth Management Order shall expire on
17 September 11, 2011, unless building permits are issued or an extension is
18 granted in accordance with the provisions of Section 11.02.06 (B)1 of the St.
19 Lucie County Land Development Code.
20
21 D. The Minor Site Plan approval granted under this Growth Management Order is
22 specifically conditioned to the requirement that the petitioner, "P J Development
23 LLC," including any successors in interest, shall obtain all necessary
24 development permits and construction authorizations from the appropriate State
25 and Federal regulatory authorities including, but not limited to: the United States
26 Army Corps of Engineers, the Florida Department of Environmental Protection,
27 and the South Florida Water Management District, prior to the issuance of any
28 local building permits or authorizations to commence development activities on
29 the property described in Part "B."
30
31 E. A copy of this Order shall be attached to the site plan drawings described in Part
32 "A," and shall be placed on file with the St. Lucie County Growth Management
33 Director and copies mailed, return receipt requested to the developer and agent
34 of record as identified on the site plan applications.
35
36 F. The Certificate of Capacity, attached as Exhibit "B," shall be valid for the same
37 period as this order. If this order expires or otherwise terminates, the Certificate
38 of Capacity shall automatically terminate.
39
40 G. The conditions set forth in Part "A" are an integral non-severable part of the site
41 plan approval as granted by this Order. If any condition set forth in this Order is
42 determined to be invalid or unenforceable for any reason and the developer
43 declines to comply voluntarily with that condition, the site plan approval granted
44 by this Order shall become null and void.
File No.:MNSP 820081508 Resolution No. 09-012
September 11, 2009 Page 6
1 H. This order shall be recorded in the Public Records of St. Lucie County.
2
3 ORDER effective the 11th day of September 2009.
4
5
6 GROWTH MANAGEMENT DIRECTOR
7 ST. LUCIE COUNTY, FLORIDA
8
9
10
11 B
12 M k Satterlee, A P
13
14
15 APPROVED AS TO FORM
16 AND CORRECTNESS:
17
18 ~
19
20
21 County At "r ey
22
23
24
25
26 as
28 G:\Planning\Project Files\SL 2617 Fox Telecommunication Tower \GM Order\SL 2617 Fox Telecom Tower GM Order 09-012
File No.:MNSP 820081508 Resolution No. 09-012
September 11, 2009 Page 7
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St Lucie County
Certificate of Capacity
Date 9/11/2009 Certificate No. 2834
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Minor Site Plan
Number of units Number of square feet
2. Property legal description & Tax ID no.
1431-211-0001-000/2
S. side of St. Lucie Blvd., 2100 ft E Keen Rd
SL 2617 Fox Telecom Tower SL 2617 Fox Telecom Tower
3. Approval: Building Resolution No. GM 09-012 Letter
4. Subject to the following conditions for concurrency:
Owner's name
P J Development
Address
7341 Westport Place
West Plam Beach FL 33413
6. Certificate Expiration Date 9/11/2011
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signe Date:9/11/2009
Growth Management Director
St Lucie County, Florida
Friday, September 11, 2009 Page 1 of 2