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HomeMy WebLinkAboutLetter; A Resolution Granting A Major AdjustmentJr� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO.08- 147 FILE NO.: SPMJ-1020071344 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO "SP. RECYCLING CORP." SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS "SOUTH FLORIDA RECYCLE COMMUNICATION TOWER" LOCATED IN THE . IH (INDUSTRIAL, HEAVY) ZONING DISTRICT, FOR THE PROPERTY AT 9901 RANGE LINE ROAD, APPROXIMATELY 0.7 MILE SOUTH OF GLADES CUT-OFF ROAD, 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. Keys Wi-F1 Inc., presented a petition for a Major Adjustment to "SP Recycling Corp." Site Plan approval for the project known as "South Florida Recycle Communication Tower", for a 195 foot high communication tower with a maximum of six (6) wireless carriers' antennas arrays, and such additional tower tenants' antennas as are structurally consistent and safe within the engineering design and .loading capacity of the tower, located in the IH (Industrial, Heavy) Zoning District, for property at 9901 Range Line Road, St. Lucie County, Florida. 2. The Development Review Committee has reviewed the Major Adjustment for,the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 3. The proposed 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. 4. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 5. 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. File No.:SPMJ-1020071344 Resolution No. 08-147 May 20, 2008 Page 1 le /, S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Pursuant to Section 11,02.04 of the St. Lucie County Land Development Code, the Major Adjustment to a Site Plan for the project known as South Florida Recycle Communication Tower, is hereby approved as depicted on the site plan drawings for the project prepared by Kimley — Horn, Inc., stamped received by the St. Lucie County Growth Management Director on October 25, 2007, subject to the following conditions: 1. Prior to the issuance of a Building Permit every telecommunications service provider shall establish a cash security fund, bond or provide the County with an"_iRevocable , letter -crediCin the same amount, to secure the cost of removing an antenna, antenna array, or tower that has been determined to be abandoned under Section 7.10.23(P), in the event the owner fails to comply with the provisions of Section 7.10.23(F). The amount of the cash security fund, letter of credit, or, bond is to be provided as follows: a. For each commercial telecommunication tower and the initial set of antenna or antenna array = $15000 w b. For each co -located telecommunication providers antenna or antenna array = $1,000 V 2. Prior to issuance of any permit, the property owner, his successors or assigns is required to provide a copy of lease aNementivith the owner of the property. 3. Prior to the issuance of any permit, owners and/or operators of towers shall certify that all licenses required by law for the construction and/or operation of a wireless communications system in the County have been obtained and file a copy of all required licenses with the County. 4. The property owner, his successors or assigns, at its option, may secure marking and lighting per FAA OE Determination, 2007-ASO-3203-OE, but such marking and lighting is voluntary and not mandatory. In accordance with FAA regulations, subsequent to the issuance of a Building Permit but prior to commencement of actual construction, because there will be crane activity associated with the project, the property owner, his successors or assigns shall secure a Notice of Construction. The developer can go to the internet link https://oeaaa.faa.gov/ oeaaa/external/portal.jsp for further information on such notice. i 5. prior to the signature of site plan, the property owner, his successors or assigns is required to submit a corrected site plan by correcting Range Line Road (S.R. 609) to (CR 609) and include the right-of-way width. 6. In accordance with the site plan, following issuance of.a Building Permit, the property owner, his successors or assigns shall install an 8 foot high opaque c, in tin fence with green slats around the leased communications tower compound, pursuant to Section 7.10.23 (B) 8. File No.:SPMJ-1020071344 May 20,2008 Resolution No. 08-147 Page 2 1 2 7. Prior to issuance of Building Permit, the property owner, his successors or assigns 3 shall obtain confirmation from the St. Lucie County Fire District that the proposed 4 plan conceptually meets the minimum requirements of the District for fire protection 5 services at this facility. 6 7 V 8. Prior to issuance of a building permit for the construction of communication tower, 8 the applicant shall be required to submit constructionlengineering drawings to the St. 9 Lucie County Engineer for review and approval, for the limerock/asphalt road 10 providing access to the. communication tower. 11 12 9. Prior to issuance of a building permit for the construction of communication tower, 13 the property owner, his successors or assigns shall provide liability insurance should 14 the tower fall on an adjacent property and cause damage. 15 16 17 B. The property on which this Major Adjustment to a Site Plan approval is being granted is 18 described as follows: 19 20 LEGAL DESCRIPTION (full parcel) 21 FROM THE NORTHEAST CORNER OF SECTION 1 RUN SOUTH 00 54 22 WEST ALONG THE EAST LINE OF SAID SECTION 1 A DISTANCE OF 3260 BI 23 FEET TO THE POINT OF BEGINNING THENCE SOUTH 00 00 54 WEST 24 ALONG THE EAST LINE OF SAID SECTION 1 A DISTANCE OF 330 00 FEET 25 THENCE NORTH 89 59 06 WEST A DISTANCE OF 660 00 FEET THENCE 26 NORTH 00000 54 EAST A DISTANCE OF 330 00 FEET THENCE SOUTH 27 89059 06 EAST A DISTANCE OF 660 00 FEET TO THE POINT OF 28 BEGINNING LYING IN SECTION 1 TOWNSHIP 37 SOUTH RANGE 38 EAST IN 29 ST LUCIE COUNTY FLORIDA PARCEL CONTAINS 5 0 ACRES MORE OR 30 LESS 31 32 33 LEASE AREA DESCRIPTION (tower site) 34 COMMENCING AT THE NORTHEAST CORNER OF SECTION 1 TOWNSHIP 35 37 SOUTH RANGE 38 EAST ST LUCIE COUNTY FLORIDA RUN SOO 00 54 W 36 ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 3590 81 FEET 37 THENCE N89059 06 W A DISTANCE OF 520 00 FEET THENCE N 00o00 54 E 38 A DISTANCE OF 30 00 PEET' TO THE POINT OF BEGINNING FROM THE 39 POINT OF BEGINNING CONTINUE NOO 00 54 E A DISTANCE OF 100 00 40 FEET 1 54 W AHDISTA COF ENCE N89 59 06 W A DISTANCE OF 1 100 00 FEET THENCE 59 6 E A00 00 FEET HENCE O DISTANCE O 00 4E OF 42 100 00 FEET TO THE POINT OF BEGINNING CONTAINING 10 000 SQUARE 43 FEET 0 23 ACRES MORE OR LESS 44 45 Parcel Id: 4201-134-0003-010-5 46 Location: 9901 Range Line Road, approximately 0.7 mile south of Glades Cut-off 47 Road 48 Resolution No. 08.147 File No.:SPMJ-1020071344 Page 3 May 20,2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property shall expire on May 20, 2010, unless building permits have been issued or an extension in accordance with Section 11.02.06(B) of the St. Lucie County Land Development Code has been granted. �. The Major Adjustment to the Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Keys Wi•Fi Inc, including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local,'State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. _. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. G. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. H. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. I. 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 satisfaction of the County before final site construction permits are issued. File No.:SPMJ-1020071344 May 20, 2008 Resolution No. 08-14' Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 \fter motion and second, the vote on this resolution was as follows: Chairman Joseph E. Smith AYE vice -Chair Paula A. Lewis AYE Commissioner Doug Coward AYE Commissioner Charles Grande AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTED this 20 `h day of May 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND CORRECTNESS: as G:\Planning\PROJECT FILES\South Florida Recycles — Communication Tower\BOCC. oc File No.:SPMJ-1020071344 May 20, 2008 Resolution No. 08.147 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 File No.:SPMJ-1020071344 May 20, 2008 ' Exhibit A . Vicinity Maps • Site Location Map Resolution No. 08-147 Page 6 SPMJ 1020071344 A petition of Keys WWI, Inc. for a Major Adjustment to "SP Recycling Corp." Site Plan approval for the project to be known as "South Florida Recycle Communication Tower" for a 195 foot high communication tower with a maximum of six (6) co -located telecommunication antennas �je ® Subject property -lease area ;• ' i City of Port St. Lucie 2008 n T IH Indan River Gaunty 2000 Malun County