HomeMy WebLinkAboutPDS-23-071 - Evans Properties Inc. Telecom Tower PDS ORDER 2023-071
File No.: MNSP-7202126097-26097
AN ORDER GRANTING APPROVAL OF A MINOR SITE PLAN TO
BE KNOWN AS EVANS PROPERTIES INC. TELECOM TOWER
FOR PROPERTY LOCATED AT 10408 BLUEFIELD ROAD,
OKEECHOBEE, FLORIDA
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
request for a Minor Site Plan submitted by Mike McCarty of McCarty & Associates, on behalf of
the owner, Evans Properties Inc., reviewed the comments of the St. Lucie County Development
Review Committee on this application, and has made the following determinations:
1. On July 13, 2021, McCarty & Associates Land Planning and Design, LLC. submitted a
Minor Site Plan application on behalf of Evans Properties Inc. The Minor Site Plan, to be
known as the Evans Properties Inc. Telecom Tower, includes a 180-foot guyed wire
telecommunications tower located on the east side of Bluefield Road. The project site
consists of 6,602.7-acres located within the AG-5 (Agricultural - 5) Zoning District.
2. A pre-application meeting was held on July 16, 2020.
3. The St. Lucie County Development Review Committee has reviewed the proposed Minor
Site Plan and found it to meet the technical requirements of the St. Lucie County Land
Development Code, Comprehensive Plan, and has satisfied the standards of review set
forth in Section 11.02.07, Standards for Site Plan Review.
4. Planning staff performed a detailed analysis of the project and found it to be consistent with
the St. Lucie County Land Development Code and Comprehensive Plan. The analysis can
be found in the Planning and Development Services Department memorandum titled Evans
Properties Inc. Telecom Tower Minor Site Plan MNSP-7202126097-26097, dated
September 26, 2023.
5. 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.
6. All reasonable steps have been taken to minimize any adverse effect of the proposed
project on the immediate vicinity through building design, site design, landscaping, and
screening.
7. The proposed project will be constructed, arranged, and operated so as not to interfere
with the development and use of neighboring property, in accordance with applicable
district regulations.
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-Minor
Site Plan to be known as Evans Properties Inc. Telecom Tower is hereby approved as
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
Page FILE# 5271259 11/28/2023 01:07:07 PM PDS.No. 2023-071
OR BOOK5075 PAGE 1996-2000 Doc Type:ORD File No.: MNSP-7202126097-26097
RECORDING: $44.00
shown on the site plan drawings prepared by Daniel McRae Sugg, PLA, date stamped
received on April 10, 2023, by the St. Lucie County Planning and Development Services
Department, for the property more particularly described in Part "B" below, subject to the
following conditions:
Planning:
1) Per LDC Sec. 7.10.23.(C.)(13.), owners and or/operators of towers shall certify that all
licenses required by law for the construction and/or operation of a wireless
communication system in the County have been obtained and shall file a copy of all
required licenses with the County.
2) Per LDC Sec. 7.10.23.(C.)(8.)(e.), "NO TRESPASSING" warning signs shall be
permanently attached to the fence or wall and placed no more than forty (40) feet apart.
3) Per LDC Sec. 7.10.23.(H.), the applicant shall establish a cash security fund in the
amount of twenty-five thousand dollars ($25,000.00), or provide the County with an
irrevocable letter of credit in the same amount, to secure the cost of removing the tower
in the event that the tower has been determined to be abandoned or in the event the
owner fails to comply with the provisions of LDC Sec. 7.10.23.(R.).
4) Except where provided herein. all towers shall have the capacity to permit multiple
users; at a minimum, monopole towers shall be able to accommodate two (2) users,
and, at a minimum, self-support/lattice or guyed towers shall be able to accommodate
three (3) users.
Environmental Resources Department:
5) Prior to commencement of development, including but not limited to; clearing, filling,
excavation, grading, or planting of vegetation, as defined in LDC 2.00.00., a vegetation
removal permit or exemption shall be issued by the Environmental Resources
Department per LDC 6.00.03.
6) Prior to issuance of a Certificate of Occupancy, all Category I listed invasive plant
species shall be eradicated from the site.
Public Works Department
7) A Site Development Permit is required prior to performing site improvement activities.
B. The property on which this Minor Site Plan approval is being granted is described as
follows:
LEGAL DESCRIPTION
2/3/4/9/10/11/12/13/14/15/ 23/24/25/26/36 37 37 (AKA BLUEFIELD
GROVE) THAT PART OF SECTIONS MPDAF: ALL SEC 2- LESS N 125 FT
OF W 100 FT- AND ALL SEC 3- LESS N 125 FT- AND THAT PART OF SEC
4 LYG ELY OF E RD R/W LI OF BLUEFIELD RD- LESS N 100 FT OF NE
1/4 AND LESS N 100 FT OF E 200 FT OF NW 1/4 AND LESS N 125 FT
LYG E OF BLUEFIELD RD AND W OF E 200 FT OF NW 1/4- AND THAT
PART OF SEC 9 LYG E OF C/L OF BLUEFIELD RD-LESS BLUEFIELD RD
R/W- AND THAT PART OF SEC 10 MPDAF: BEG AT NE COR OF SEC
RUN W 5292.54 FT TO NW COR OF SEC, TH S 2810.67 FT TO PT IN C/L
OF BLUEFIELD RD, TH S 22 13 30 E ON C/L OF RD TO INT WITH C/L
Page 2 PDS No. 2023-071
File No.: MNSP-7202126097-26097
R/W MARSH RD 197.32 FT M/L, TH N 73 42 00 E ON S R/W LI OF
MARSH RD 1646.50 FT, TH S 30 44 17 E 3214.75 FT M/L TO S LI OF SEC,
TH E 1978.78 FT TO SE COR OF SEC, TH N 5294.10 FT TO POB-LESS
BLUEFIELD RD R/W- AND ALL SEC 11 AND ALL SEC 12-LESS E 135 FT
OF SFWMD- AND ALL SEC 13-LESS E 140 FT TO SFWMD-AND THAT
PART OF SEC 14 MPDAF: BEG NE COR OF SEC RUN W 5339.47 FT TO
NW COR OF SEC, TH S 3344.64 FT, TH S 30 44 17 E 2258.72 FT TO S LI
OF SEC, TH E 4170 FT TO SE COR OF SEC, TH N 5320.25 FT TO POB
AND THAT PART OF SEC 15 MPDAF: BEG NE COR OF SEC RUN S 89 47
40 W ALG N LI OF SEC 1978.78 FT, TH S 30 44 17 E 2883.05 FT TO E LI
OF SEC, TH N 00 06 05 W ALG E LI OF SEC 3844.64 FT TO POB, AND
THAT PART OF SEC 23 MPDAF: BEG NE COR OF SEC RUN W 4170 FT,
TH S 30 44 17 E 6160.48 FT TO S LI OF SEC, TH E 1013.26 FT TO SE COR
OF SEC, TH N 5319.25 FT TO POB, AND ALL OF SEC 24-LESS E 140 FT
OF SFWMD- AND THAT PART OF SEC 25 MPDAF: BEG NE COR OF SEC
RUN W 5331.75 FT TO NW COR OF SEC, TH S 1708.37 FT, TH S 30 44 17
E 4211.20 FT TO S LI OF SEC, TH E 3167.44 FT TO SE COR OF SEC, TH N
5346.28 FT TO POB-LESS E 140 FT TO CANAL C-23- AND THAT PART
OF SEC 26 MPDAF: BEG NE COR OF SEC RUN W 1013.26 FT, TH S 30 44
17 E 1981.77 FT TO E LI OF SEC, TH N 1708.37 FT TO POB, AND THAT
PART OF SEC 36 MPDAF: BEG NE COR OF SEC RUN S 4946.82 FT, TH W
230 FT, TH N 30 44 17 W 5762.83 FT TO N LI OF SEC, TH E 3167.44 FT TO
POB-LESS E 140 FT TO C-23 CANAL- (6478.44 AC)
ADDRESS: 10408 Bluefield Road, Okeechobee, FL 34972
PARCEL ID: 4101-111-0002-010-0
C. The approval granted by this administrative order shall expire twenty-four (24) months from
the effective date, unless a Building Permit is obtained, 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 any successors in interest, is advised as part of this Minor Site
Plan approval for Evans Properties Inc. Telecom Tower, 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 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 or 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. A copy of this Order shall be attached to the site plan drawings described in Part "A", which
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
Page 3 PDS No. 2023-071
File No.: MNSP-7202126097-26097
applications.
F. 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.
G. The Site Plan, attached as Exhibit "A", shall be valid for the same period as this order.
H. 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.
This Order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the )01%ay of November 2023.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE C TY, FLORIDA
BY
Benja"n-&alcer, AI , Director
APPROVED AS TO FORM
AND CORRECTNESS
County Attorney
Page 4 PDS No. 2023-071
File No.: MNSP-7202126097-26097
EXHIBIT "A"
Minor Site Plan
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Page 5 PDS No. 2023-071
File No.: MNSP-7202126097-26097