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HomeMy WebLinkAboutPDS-19-018 - Wynne Ranch TowerJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4597027 07/23/2019 04:54:15 PM DR BOOK 4299 PAGE 956 - 962 Doc Type: ORD RECORDING: $61.00 PDS ORDER 19-018 File Number: MNSP-1120185407 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A MINOR SITE PLAN TO BE KNOWN AS WYNNE RANCH TOWER WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Site Plan for Wynne Capital LLC, Matthew Lyle Wynne, Premier Citrus LLC, Southeast Groves LLC, and Wynne Building Corp, reviewed the comments from the Development Review Committee, and has made the following determinations: Wynne Capital, LLC submitted an application for Minor Site Plan approval to construct a 250 -foot tall telecommunications tower to be known as Wynne Ranch Tower. The subject property is located on the north side of Orange Avenue in Fort Pierce (approximately 2 miles east of the Okeechobee County line), as more particularly described in Part B below, and depicted in Exhibit A, and is located within the AG -5 (Agricultural -5 du/ac) zoning district. 2. The Development Review Committee has reviewed the site plan for the proposed project and found, with the proposed conditions, it meets the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land Development Code, and found it to meet technical requirements and to be consistent with the general purpose, goals, and objectives, of the St. Lucie County Comprehensive Plan. 3. Planning staff has performed a detailed analysis of the project and found it to be consistent with Section 7.10.23 - Telecommunications Tower Siting, of the St. Lucie County Land Development Code. 4. The project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through tower design, site design, landscaping, and screening. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Site Plan is hereby approved as shown on the drawing prepared by McCarty & Associates, dated March 8, 2019 and date stamped by the Planning & Development Services Department on March 12, 2019 for the property described in Part B below, subject to the following conditions: Planning & Development Services Department 1. Pursuant to Land Development Code Section 7.10.23, telecommunications tower owners shall submit a report to the Building Department certifying structural and Page 1 PDS No. 2019-018 July 16, 2019 File No.: MNSP-1120185407 electrical integrity of the tower every five (5) years. The report shall be accompanied by a nonrefundable fee of two hundred dollars ($200.00) to reimburse the County for the cost of review. Notwithstanding this provision, an owner of a telecommunications tower shall provide such report following recovery from a declaration of a state of emergency by the County or by any appropriate state official that included the area of the tower. Environmental Resources Department 1. Prior to issuance of a Certificate of Occupancy all Category I listed invasive species shall be eradicated from the site (Leased Site Area Only). 2. Prior to the issuance of a Vegetation Removal Permit or Exemption, a gopher tortoise survey per Florida Fish and Wildlife Conservation Commission (FWC) protocol shall be provided to the Environmental Resources Department (ERD). 3. The 8 ft. chain link fence with slats shall be replaced with an opaque wood/vinyl fence or masonry wall if any development is approved in the future on the adjacent parcels. Upon such approval, the applicant shall install the required fencing material within 90 days of the adjacent parcel's development approval. 4. The issuance of County development permit does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 5. All other applicable state or federal permits must be obtained before commencement of the development. Public Works Department Prior to any construction or development activity on sit, the applicant must submit for a Development Permit application to the Engineering Division, Attention: Grant Chambers, P.E. The Development Permit application must indicate at a minimum the following requirements: 1. The driveway entrance between Orange Avenue and the canal crossing must be widened to 20 feet in order to minimize conflicts between vehicles entering and exiting the site. 2. Increase the pavement section for the driveway to 2.5 inches. SP -12.5 is recommended. 3. Update the cross sections for the proposed shell rock access road. There are multiple shown as well as section for the swales. Combine them to show one typical section. 4. A development Permit will be issued by the Public Works Department and is required for site development. Submit construction plans for review subsequent to DRC Approval. The plans should be submitted to the Engineering Division with attention to Grant Chambers, P.E. 5. The FFE note on the sheet C-1 need to be removed; appears not applicable for this project. 6. Prior to any construction or development activity on site, the applicant shall provide a stormwater permit application with the associated drainage calculations and site development plan submittal upon obtaining the Site Plan approval, in accordance with Land Development Code Sections 7.07.00 and 11.05.07. B. The property on which this Minor Site Plan for Wynne Capital, LLC approval is being granted is described as follows: Page 2 PDS No. 2019-018 July 16, 2019 File No.: MNSP-1120185407 WYNNE LAND 11 LOT 4 (D) (O.R.B. 1794 PG. 600; O.R.B. 1931 PG. 1908: O.R.B. 27351 PG. 185) 1 SECTION 8, TOWNSHIP 35 SOUTH, RANGE 37 EAST, THAT PART OF SECTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE NORTH ROAD RAN LINE OF ORANGE AVENUE AND WEST LINE OF SECTION RUN SOUTH 89057'04" EAST ALONG RIGHT-OF-WAY LINE A DISTANCE OF 3885.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89057'04" WEST A DISTANCE OF 908.29 FEET; THENCE NORTH 1 00040'49" EAST A DISTANCE OF 660.00 FEET; THENCE SOUTH 89057'04" EAST A DISTANCE OF 396.00 FEET; THENCE NORTH 00040'49" WEST A DISTANCE OF 573.67 FEET; THENCE SOUTH 73°26'57" WEST A DISTANCE OF 315.78 FEET; THENCE SOUTH 00040'49" EAST A DISTANCE OF 200.00 FEET; THENCE NORTH 88006'30" WEST A DISTANCE OF 979.72 FEET; THENCE SOUTH 00035'43" WEST A DISTANCE OF 974.93 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID ORANGE AVENUE AND POINT OF BEGINNING. SAID PARCEL CONTAINS 24.08 ACRES, MORE OR LESS. TOGETHER WITH: SECURITY YARD (d) (O.R.B. 1989 PG. 910): A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 35 SOUTH, RANGE 37 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 8, BEAR SOUTH 00000'01" WEST ALONG THE EAST LINE OF SECTION 8, A DISTANCE OF 1801.85 FEET; THENCE N89°16'14"W, PARALLEL TO THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 68 (200.00 FEET IN WIDTH), A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; THENCE BEAR SOUTH 00°00'01" WEST, PARALLEL TO THE EAST LINE OF SAID SECTION 8, A DISTANCE OF 660.00 FEET TO THE SAID NORTHERLY RIGHT-OF- WAY LINE; THENCE BEAR NORTH 89°16'14" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 396.00 FEET; THENCE BEAR NORTH 00°00'01" EAST, PARALLEL TO SAID EAST LINE, A DISTANCE OF 660.00 FEET; THENCE BEAR SOUTH 89°16'14" EAST, PARALLEL TO SAID NORTHERLY RIGHT- OF-WAY LINE, A DISTANCE OF 396.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ALL OF THE LAND LYING IN SECTION 8 OF THE FOLLOWING DESCRIBED PARCEL: A STRIP OF LAND LYING IN A PORTION OF SECTIONS 20, 28, 29, 32 AND 33, TOWNSHIP 34 SOUTH, RANGE 37 EAST, AND SECTIONS 4, 5, AND 8, TOWNSHIP 35 SOUTH, RANGE 37 EAST. ST. LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29, BEAR SOUTH 00037'30" WEST ALONG THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 962.95 FEET FOR THE POINT OF BEGINNING; THENCE BEAR SOUTH 00°29'12" Page 3 PDS No. 2019-018 July 16, 2019 File No.: MNSP-1120185407 EAST THROUGH SAID SECTION 28 AND ALONG A FENCE LINE, A DISTANCE OF 4426.14 FEET TO THE SOUTH LINE OF SAID SECTION 28; THENCE BEAR SOUTH 00014'07" EAST THROUGH SAID SECTION 33 AND ALONG SAID FENCE LINE, A DISTANCE OF 5388.33 FEET TO THE SOUTH LINE OF SAID SECTION 33; THENCE' BEAR SOUTH 00008'03" EAST THROUGH SAID SECTION 4 AND ALONG SAID FENCE LINE, A DISTANCE OF 5724.51 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE BEAR SOUTH 00°00'01" WEST ALONG THE EAST LINE OF SAID SECTION 8, A DISTANCE OF 2461.85 FEET TO THE NORTH RIGHT-OF- WAY LINE OF S R. 68 (200 FEET IN WIDTH) THENCE BEAR NORTH 89°16'14" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 100.00 FEET; THENCE BEAR NORTH 00°00'01" EAST PARALLEL TO AND 100.00 FEET FROM (AT RIGHT ANGLES TO) SAID EAST LINE OF SECTION 8, A DISTANCE OF 2458.28 FEET TO NORTH LINE OF SAID SECTION 8; THENCE BEAR NORTH 00022'34" WEST PARALLEL TO AND 100.00 FEET FROM (AT RIGHT ANGLES TO) THE EAST LINE OF SECTION 5, A DISTANCE OF 5726.18 FEET TO THE NORTH LINE OF SAID SECTION 5; THENCE BEAR SOUTH 89039'24" WEST ALONG SAID NORTH LINE, A DISTANCE OF 65.85 FEET; THENCE BEAR NORTH 00°11'22" WEST PARALLEL TO AND 100.00 FEET FROM (AT RIGHT ANGLES TO) THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 5389.91 FEET TO THE NORTH LINE OF SAID SECTION 32; THENCE BEAR NORTH 00037'30" EAST PARALLEL TO AND 100.00 FEET FROM (AT RIGHT ANGLES TO) THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 4389.87 FEET; THENCE BEAR NORTH 39048'44" WEST, A DISTANCE OF 1277.24 FEET TO A POINT THAT IS 25.00 FEET SOUTH OF (AT RIGHT ANGLES TO) THE NORTH LINE OF SAID SECTION 29; THENCE BEAR NORTH 89°32'58" WEST PARALLEL TO AND 25.00 FEET SOUTH OF (AT RIGHT ANGLES TO) SAID NORTH LINE OF SECTION 29 A DISTANCE OF 1012.16 FEET; THENCE BEAR NORTH 38°38'01" WEST (PASSING OUT OF SECTION 29 AND INTO SAID SECTION 20) A DISTANCE OF 754.20 FEET; THENCE BEAR NORTH 56049'32" WEST, A DISTANCE OF 57.92 FEET; THENCE BEAR NORTH 00047'17" EAST, A DISTANCE OF 100.00 FEET: THENCE BEAR SOUTH 89012'43" EAST (AT RIGHT ANGLES TO THE PRECEDING COURSE), A DISTANCE OF 70.66 FEET; THENCE BEAR SOUTH 38038'01" EAST, A DISTANCE OF 794.06 FEET TO A POINT THAT IS 75.00 FEET NORTH OF (AT RIGHT ANGLES TO) SAID NORTH LINE OF SECTION 29; THENCE BEAR SOUTH 89032'58" EAST PARALLEL TO AND 75.00 FEET NORTH OF (AT RIGHT ANGLES TO) SAID NORTH LINE OF SECTION 29 A DISTANCE OF 1010.91 FEET; THENCE BEAR SOUTH 39°48'44" EAST (PASSING OUT OF SAID SECTION 20 AND INTO SAID SECTION 9) A DISTANCE OF 1360.19 FEET TO THE POINT OF BEGINNING. CONTAINING 1,538,103.8 SQUARE FEET, OR 35.31 ACRE MORE OR LESS. Parcel ID No(s): 2108-111-0001-010/8, 2108-141-0001-000/8, and 2108-111-0002-000/2 C. This administrative order shall expire after twenty-four (24) months from the effective date unless a building permit is issued or an extension is granted in accordance with the provisions of Section 11.02.06 of the St. Lucie County Land Development Code. D. The developer, including and successors, is advised as part of this Minor Site Plan approval, the developer shall obtain all applicable development permits and construction authorizations from the appropriate State, Federal, and local regulatory agencies including, but not limited to, the Federal Aviation Administration, Federal Communications Commission, Florida Department of Environmental Protection, St. Lucie County Environmental Resources, Public Page 4 PDS No. 2019-018 July 16, 2019 File No.: MNSPA 120185407 Works, and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this approval by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals of fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. This Order shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filled in writing with the County Administrator within thirty (30) days of the rendering of this Order, as described in Section 11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the developer and agent of record as identified on the site plan applications. G. The conditions set forth in Part A are an integral non -severable part of the site plan approval granted by this Order. 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 order shall become null and void. H. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the � day of 2019 PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY APPROVFD AS TO FORM AND CORRECTNESS County Attorney Page 5 July 16, 2019 PDS No. 2019-018 File No.: MNSP-1120185407 EXHIBIT Location Map Page 6 PDS No. 2019-018 July 16, 2019 File No.: MNSP-1120185407 EXHIBIT B Certificate of Capacity St Lucie County Certificate ofC.apseity Data 71'lM-019 Certificate No. 3045 This document certifies that coriourrency will be met and that adaquats ,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 0 Number of square feet 2. 1property legal description & Tax ID no. 2108-141.0001-000-8, 2108. ! 11 •(tto(a?. c0©-2, 211x8- I 1 t -(t00 1.010.8 0 [)range Avenuc I art I°iercc, R W'yniic Ranch Tow•va- MNSP-11201.85407 3. Approval: Building Rasalution No. PDS 19-Ol9 Letter 4. Subject to the following conditions for concurrency: 5. [}wnse's name Wynne Building Corp. Address 8MO S US I hvy 1. Ste. 402 Fart Sit, Lucic Fl, 34952 6. Certificate 'Expiration Date This Certificate of Capacity is transferable only to subsequent cawners of the same parcel, and is subject to the :same terms, conditions and expiration date listed Therein. The expiration elate can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsegment developmentrderls� Issued for the same ,pro;perty, use and size as described herein. � 1 Signed Date: 711712019 f Planning anO !Development Services Director St Lucie County, Florida WedneWay,July 17,2014) Page 7 July 16, 2019 Page iof2 PDS No. 2019-018 File No.: MNSP-1120185407