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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT FOR THE
PROJECT TO BE KNOWN AS SL2623 BETH'S SONG TELECOMMUNICATION
TOWER TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A 130-
FOOT MONOPOLE TELECOMMUNICATION TOWER AND WIRELESS
COMMUNICATION EQUIPMENT COMPOUND INTHE AG-1 (AGRICULTURAL-1
DU/AC} ZONING DISTRICT ON CERTAIN PROPERTY SITUATED IN ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. PJ Development, LLC, presented a petition for a Conditional Use Permit to allow the
construction and operation of a 130-foot monopole telecommunication tower and
wireless communication equipment compound in the AG-1 (Agricultural -1 du/ac)
Zoning District for the property described in Part B below and depicted in Exhibit
«A„
2. PJ Development, LLC, leased 5,950 square feet of land area from the property
owner, Russakis Investments, LLC, for the property located on the west side of
Russakis Road, approximately 2,900 feet north of Russos Road, for the proposed
wireless communication tower and equipment compound.
3. On October 21, 2010 the St. Lucie County Planning and Zoning Commission held
a public hearing on this petition, of which due public notice was published and
mailed to ail property owners within 500 feet at least 10 days prior to the hearing,
and recommended that the Board of County Commissioners approve the here in
after described request for a Conditional Use Permit.
4. On November 9, 2010 this Board held a public hearing on this petition, of which due
public notice was published and mailed to all property owners within 500 feet of the
subject property at least 10 days prior to the hearing.
5. The proposed Conditional Use Permit is consistent with the goals, objectives, and
standards of the St. Lucie County Comprehensive Plan and has satisfied the
requirements of Section 11.07.03 of the St. Lucie County Land Development Code.
6. All reasonable steps have been taken to minimize any adverse effect of the
proposed conditional use on the immediate vicinity through site design, landscaping
and screening.
7. The proposed project will not have an undue adverse effect on the adjacent
property, the character of the neighborhood, traffic conditions, parking, utility
facilities, or other matters affecting the public health, safety and general welfare.
November 9, 2010 ,~pgEPH E. SMITH, CLERK OF THE CIRCUIT COURT Resolution No. 10-109
Page 1 of 8 SAINT LUCIE CouNTY File No.: CU 620104070
FILE # 3534137 11/16!2010 at 06:54 PM
OR BOOK 3246 PAGE 715 - 722 Doc Type: RESO
RECORDING: $69.50
8. The proposed project will be serviced by adequate public facilities and services.
9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted
by the Planning and Development Services Director on October 22, 2010 (Exhibit
{t 619
}'
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, the
Conditional Use Permit for PJ Development, LLC for the project to be known as
SL2623 Beth's Sang Telecommunication Tower, as shown on the drawings for the
project prepared by PRB Design Group Inc., dated June 7, 2010 and date stamped
received by the St. Lucie County Planning and Development Services Department
on October 25, 2010, is hereby approved for the property described in Section B,
subject to the following conditions:
1. Prior to Final Building Permit Inspection all warning signage shall be installed
and conform to Section 7.10.23{C.7. a. thru f.} of the St. Lucie County Land
Development Code. The warning signs shall be inspected by the Code
Compliance Division.
2. This telecommunication tower must meet or exceed current standards and
regulations of the FAA, the FCC, including radio frequency emission standards
and regulations of the State or Federal government with the authority to regulate
to this tower. If such applicable standards and regulations are changed, then the
owners of this telecommunication tower shall bring this tower and antennas into
compliance with such revised standards within six (6) months of the effective
date of such standards and regulations, unless a different compliance schedule
is mandated by the controlling State or Federal agency. Failure to bring this
tower and antennas into compliance with such revised standards and regulations
shall constitute grounds for the removal of the tower at the expense of the owner.
3. In accordance with Land Development Code Section 7.10.23(S)
telecommunication tower owners shall submit a report to the Building
Department certifying structural and electrical integrity of the tower every five (5)
years following the Building Permit final inspection approval. This report shall be
accompanied by a non refundable fee of two hundred dollars {$200.00} to
reimburse the County for the cost of review.
4. Prior to the issuance of a Building Permit a cash security fund, an irrevocable
letter of credit, or bond in the amount of $25,000 shall be submitted in a manner
and form acceptable to the St. Lucie County Attorney, to secure the cost of
removing this tower and the initial set of antenna or antenna array should it be
determined to be abandoned in accordance with Section 7.10.23{Q) of the Land
Development Code. Each subsequent antenna or antenna array shall be subject
to an additional cash security fund or irrevocable letter of credit to secure the
cost of removing the antenna or antenna array should it be determined to be
November 9, 2010
Page 2 of 8
Resolution No. 10-109
File No.: CU 620104070
1 abandoned in accordance with Section 7.10.23(Q) of the Land Development
2 Code.
3
4 5. Within 60 days of the date of this final Conditional Use Permit approval Or prior to
5 issuance of the building permit, whichever comes first, the applicant, PJ
6 Development, LLC, shall enter into an agreement with the County to pay a fair
~ share contribution for the paving of Russakis Road and Russos Road. The
a County Engineer shall review the report submitted by the applicant's engineer
9 and shall determine the required fair share contribution. The Fair Share
lfl Contribution Agreement shall be presented to the Board of County
ii Commissioners for approval.
12 6. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
13 shall have obtained and provided the Environmental Resources Department with
14 all required federal and state permits and approvals. If federal or state agency
15 compliance requires modification to the plans, the applicant will promptly modify
i6 the plans and submit to St. Lucie County for review and approval. The County's
i~ development approval shall not prevent compliance with any federal or state
is agency requirements.
19 7. Prior to issuance Of a Vegetation Removal Permit or Exemption, the applicant
2 o shall finalize an improvement agreement acceptable to the Environmental
21 Resources Department (ERD) covering the cost to purchase and install all
22 required landscaping, irrigation, and related improvements shown in the
23 approved landscaping plan. A copy of this agreement can be obtained by
24 visiting the St. Lucie County ERD website at:
25 http://www.stlucieco.or /erd/index.htm.
26
27 B. The property on which this Conditional Use Permit approval is being granted is
2s described as follows:
29
3 o PARENT TRACT
31
32 THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE
33 SOUTHEAST 1/4 OF THE NORTHWEST 1/4, LESS THE EAST 70 FEET
34 FOR CANAL RIGHT-OF-WAY, IN SECTION 3, TOWNSHIP 34 SOUTH,
35 RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA.
36
37 LEGAL DESCRIPTION
38 PJ DEVELOPMENT, LLC.
39 INGRESS/EGRESS AND UTILITY EASEMENT
4o BETH'S SONG SL2623 SITE
41
42 A PORTION OF THE NORTH 1/2 OF THE SOUTH 112 OF THE SOUTH 1/2
43 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, SECTION 3,
44 TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA,
45 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
46
47 COMMENCE AT THE NORTHWEST CORNER OF THE NORTH 112 OF THE
48 SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE
November 9, 2010 Resolution No. 10-109
Page 3 of 8 File No.: CU 620104070
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NORTHWEST 1/4, SAID SECTION 3; THENCE NORTH 89°30'34" EAST,
ALONG THE NORTH LINE OF SAID NORTH 1/2, A DISTANCE OF
1256.93 FEET TO THE WEST LINE OF AN EXISTING 70' CANAL RIGHT OF
WAY; THENCE DEPARTING SAID NORTH LINE, SOUTH 00°18'34"
EAST, ALONG SAID WEST LINE, A DISTANCE OF 73.00 FEET TO THE
POINT OF BEGINNING: THENCE CONTINUE SOUTH 00°18'34" EAST,
ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 20.00 FEET;
THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, SOUTH 89°30'34"
WEST, A DISTANCE OF 34.79 FEET; THENCE NORTH 00°29'26" WEST, A
DISTANCE OF 20.00 FEET; THENCE NORTH 89°30'34" EAST, A DISTANCE
OF 34.85 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.0159 ACRES OR 696 SQUARE FEET, MORE OR LESS.
LEGAL DESCRIPTION
PJ DEVELOPMENT, LLC.
LEASE PARCEL
BETH'S SONG SL2623 SITE
A PORTION OF THE NORTH 112 OF THE SOUTH 1/2 OF THE SOUTH 1/2
OF THE SOUTHEAST 114 OF THE NORTHWEST 114, SECTION 3,
TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTH 1/2 OF THE
SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4, SAID SECTION 3; THENCE NORTH 89°30'34" EAST,
ALONG THE NORTH LINE OF SAID NORTH 1/2, A DISTANCE OF
1256.93 FEET TO THE WEST LINE OF AN EXISTING 70' CANAL RIGHT OF
WAY; THENCE DEPARTING SAID NORTH LINE, SOUTH 00°18'34"
EAST, ALONG SAID WEST LINE, A DISTANCE OF 93.00 FEET; THENCE
DEPARTING SAID WEST RIGHT OF WAY LINE, SOUTH 89°30'34" WEST,
A DISTANCE OF 34.79 FEET TO THE POINT OF BEGINNING: THENCE
SOUTH 00°29'26" EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH
89°30'34" WEST, A DISTANCE OF 85.00 FEET; THENCE NORTH 00°29'26"
WEST, A DISTANCE OF 70.00 FEET; THENCE NORTH 89°30'34" EAST, A
DISTANCE OF 85.00 FEET; THENCE SOUTH 00°29'26" EAST, A DISTANCE
OF 58.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.1365 ACRES OR 5950 SQUARE FEET, MORE OR LESS.
LEGAL DESCRIPTION
PJ DEVELOPMENT, LLC.
FALL ZONE EASEMENT
BETH'S SONG SL2623 SITE
A PORTION OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTH
1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, SECTION 3,
November 9, 2010
Page 4 of 8
Resolution No. 10-109
File No.: CU 620104070
TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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COMMENCE AT THE NORTHWEST CORNER OF THE NORTH 1/2 OF
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4, SAID SECTION 3; THENCE NORTH 89°30'34" EAST,
ALONG THE NORTH LINE OF SAID -NORTH 112, A DISTANCE OF
1256.93 FEET TO THE WEST LINE OF AN EXISTING 70' CANAL RIGHT
OF WAY; THENCE DEPARTING SAID NORTH LINE, SOUTH 00°18'34"
EAST, ALONG SAID WEST LINE, A DISTANCE OF 93.00 FEET; THENCE
DEPARTING SAID WEST RIGHT OF WAY LINE, SOUTH 89°30'34" WEST,
A DISTANCE OF 34.79 FEET; THENCE SOUTH 00°29'26" EAST, A
DISTANCE OF 12.00 FEET; THENCE SOUTH 89°30'34" WEST, A DISTANCE
OF 85.00 FEET; THENCE NORTH 00°29'26" WEST, A DISTANCE OF
70.00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
NORTH 00°29'26" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH
89°30'34" EAST, A DISTANCE OF 85.00 FEET; THENCE SOUTH 00°29'26"
EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89°30'34" WEST, A
DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.0390 ACRES OR 1700 SQUARE FEET, MORE OR LESS.
Property Owner: Russakis Investments, LLC
Location: West side of Russakis Road, approximately 2,900 feet north of
Russos Road.
Parcel ID Number: 1303-243-0001-000/7
C. The approvals and authorizations granted by this Resolution are for the purpose of
securing a Building Permit or Certificate of Zoning Compliance on this property.
Unless the developer, successor or assign has obtained a Building Permit or
Certificate of Zoning Compliance for the site plan described in Part A or an extension
has been sought pursuant to Section 11.07.05{F} of the St. Lucie County Land
Development Code, this approval shall expire on November 9, 2011.
D. The Conditional Use Permit approval granted under this resolution is specifically
conditioned to the requirement that the petitioner, PJ Development, LLC, including
any successors in interest, shall obtain all necessary development permits and
construction authorizations from the appropriate State and Federal regulatory
authorities, including but not limited to: the United States Army Corp of Engineers,
the Florida Department of Environmental Protection, and the South Florida Water
Management District, prior to the issuance of any local building permits of
authorizations to commence development activities on the property described in Part
B.
E. The Certificate of Capacity, a copy of which is attached to this resolution, shall
remain valid for the period of Conditional Use Permit approval. Should the
Conditional Use Permit approval granted by this resolution expire or an extension be
sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development
November 9, 2010 Resolution No. 10-109
Page 5 of 8 File No.: CU 620104070
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Charles Grande, Chairman AYE
Doug Coward, Vice-Chairman AYE
Commissioner Chris Dzadovsky AYE
Commissioner Paula A. Lewis AYE
Commissioner Chris Craft AYE
Code, a new Certificate of Capacity shall be required.
F. The conditions set forth in Part A are an integral non severable part of the site plan
approval granted by this Resolution. If any condition set forth in Part A is determined
to be invalid or unenforceable for any reason and the developer declines to comply
voluntarily with that condition, the site plan approval granted by this resolution shall
become null and void.
G. A copy of this resolution shall be attached to the Conditional Use Permit site plan
drawings described in Part A, which plan shall be placed on file with the St. Lucie
County Planning and Development Services Department.
H. A copy of this resolution shall be mailed, return receipt request to the property owner
and petitioner of record. This resolution shall be recorded in the Public Records of
St. Lucie County. The recording of this resolution does not authorize the
commencement of any on-site development activities without obtaining such further
development permits as may be required. All applicable conditions of approval as
set forth above, and all applicable code requirements must be met to the satisfaction
of the County before final site construction permits are issued.
After motion and second, the vote on this resolution was as follows:
PASSED AND DULY ADOPTED this 9t" day of November, 2010.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
~. _. ~.
By; _;~,.,~,
e.
ChairmaF
APPROVED AS TO FORM
AND CORRECTNESS:
t~
~~ a'
4 '7
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D PUTY CLERK __ v COU TY ATTOR
G:\Planning\PROJECT FILES\SL 2623 Beth's Song Telecommunication Tower CU
No. 10-109
November 9, 2010
Page 6 of 8
Resolution No. 10-109
File No.: CU 620104070
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Exhibit A
AG-1
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1 J ~
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1 I
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/ $ 1
500 ft. CLL`
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Q AG-1
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-i- _____ .._ __ __. _.. __ _.._ __ f
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q(`,,_~ ®Parent parcel St. Lucie County Zoning N
--- lease parcel AG-1 -Agricultural (1 du/ac)
~ ' 500 ft. notification area
5
6
7
November 9, 2010
Page 7 of 8
Resolution No. 10-109
File No.: CU 620104070
l
k ~.6
S~ I.LiCIe ~.®
~ertifie~ate of rapacity `~
[sate 10/22/2010
Certificate No. 2866
This document certifies that concurrency will a 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 o development Communication Tower Conditional Use Permit
Number o units 0 umber of square feet
2. Proe legal description Tax ID no.
1303-243-0001-000/7
West side of Russakis Road.
SL 2623 Beth`s Song Telecommunication Tow
3. Approval: 13uildin~
Resolution No. 10-109 Letter
. subject to the following conditions for concurrency:
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 a extended only under the same terms and conditions as the
underlying development orderissue with this certificate, or for subsequent
development order(s) issued for the same property, use and size as described herein.
Signed _=_ Date: 10/22/2010
Planning and Development services Director
t Lucie County, Florid
Friday, October 22; 2010 Page 1 of 2