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HomeMy WebLinkAboutPetition for a Major AdjustmentTo: Submitted By: SUBJECT: Agenda Request Rem Number Vill— Mecting Date: REVISED Consent Regular Public Hearing [ ] Leg. I ] quasi -JD I ] Board of County Commissioners — P a t B Growth Management Department rowth nagement i for Petition for a Major Adjustment to "SP Recycling Corp." Site Plan approval for the project wn as 'South Florida Recycle Communication Tower, for a 195 foot high communication tower with maximum of six (6) wireless carders antennas arrays, and such other antenna tenarrfs as are within the safe design loads, co400sted thereon at 9901 Range Line Road, approx. 0.7 mile south of Glades Cut-off Road, St. Lurie County, Florida. BACKGROUND: On July 1, 1996, through Community Development Order CD-96-008, the St. Lucie County Community Development Director approved Site Plan drawings for the C.A.T. Roll -Off Service & Recycling Yard Site Plan prepared by Lindahl, Browning, Farrah, & Hellstrom, Inc. on June 28, 1996 and date stamped by the Community Development Director on July 1,1996. On January 16,1996, through Resolution 95-232, the St. Lucie County Board of County Commissioners granted a Conditional Use Permit for the C.A.T. Roll -Off Service & Recycling Yard for the operation of a recycling facility in the IH (Industrial, Heavy) Zoning District. FUNDS AVAILABLE: On August 7, 2007, through Resolution 07.043, the St. Lucie County Board of County PREVIOUS ACTION: Commissioners granted a Conditional Use Permit for S.P Recycling Corp. for the operation of a Recycling Transfer Station in the 1H (Industrial, Heavy) Zoning District. RECOMMENDATION: Staff recommends approval of the request through the adoption of Draft Resolution No. 08.147, which would grant approval of a Major Adjustment to an approved "SP Recycling Corp' Site Plan for the project to be known as "South Florida Recycle Communication Tower", with 13 limiting conditions. COMMISSION ACTION, APPROVED DENIED OTHER Approved 5-0 County Attorney Ctv. Enoineer: �,. MvA CONCU ENCE: Douglas M. An arson County Administrator Coordination/ Signatures E.R.D.: Cty, Surveyor: Other: Other: Form No. 07-07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Commission Review: May 20, 2008 File Number SPMJ 1020071344 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP Director Growth Management Kristin Tetsworth, Planning Manager PREPARED BY: Aneela Ansar, Senior Planner ITEM: Resolution No. 08-147 PROJECT: Petition 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) 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 GENERAL INFORMATION APPLICANT: CONTACT: PHONE: PURPOSE: LOCATION: Keys VVi-Fi Inc. Rick Richter Tel:305.852,8171 Fax:305.852.8286 A Major Adjustment to a Site Plan for a Communication Tower 9901 Range Line Road, approx. 0.7 mile south of Glades Cut-off Road, St. Lucie County, Florida. PARCEL NUMBER: 4201-134-0003-010-5 PARCEL SIZE: 5 acres LEASE AREA FOR TOWER: 10,000 SF PROPOSED USE: Communication Tower STAFF REPORT DATE: 05105/08 Page 1 of 10 APPLICATION NO.: SPMJ - 1020071344 HEARING BODY: BCC FDna NO. 07-I5 PREPARED BY: Aneda Ansar HEARING DATE: May 20, 20D8 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 FILE DATE: October 25, 2008 Existina Land Use and Zonlna: Future Land Use Zoning Existing Land Use IND Industrial IH Industrial Heavy) Recycling lity Surrounding Land Use and Zonina: Future Land Use Zoning Existina Land Use North IND Industrial IH Industrial Heavy) Vacant South IND (Industrial) IH (Industrial, Heavy) Vacant East City of Port St. Lucie City of Port St. Lucie Vacant West IND Industrial IH industrial, Heavy) Vacant HISTORY On August 7, 2007, through Resolution 07-043, the St. Lucie County Board of County Commissioners granted a Conditional Use Permit for S.P Recycling Corp. for the operation of a Recycling Transfer Station in the IH (Industrial, Heavy) Zoning District. On July 1, 1996, through Community Development Order CD-96-008, the St. Lucie County Community Development Director approved Site Plan drawings for the C.A.T. Roll -Off Service & Recycling Yard Site Plan prepared by Lindahl, Browning, Ferrari, & Hellstrom, Inc. on June 28, 1996 and date stamped by the Community Development Director on July 1, 1996. On January 16, 1996, through Resolution 95-232, the St. Lucie County Board of County Commissioners granted a Conditional Use Permit for the C.A.T. Roll -Off Service & Recycling Yard for the operation of a recycling facility in the IH (Industrial, Heavy) Zoning District. The State of Florida passed an amendment to the State Telecommunications Act that required local jurisdiction process a application for a telecommunication tower within 20 days and deem it insufficient or sufficient. Once an application is deemed sufficient the local jurisdiction has 90 days to process and approve or deny the permit. If the permit is not processed in 90 days the State Law allows the applicant to build the tower without obtaining any further permits from the local jurisdiction. St. Lucie County is currently in the process of updating our telecommunications ordinance to be consistent with the State Law, however when this application came in on October 2007, staff was unaware of the changes in state law so the County missed the state mandated timelines. Staff is attempting to negotiate with the applicant a limited and expedited site plan process as reflected in this staff recommendation. STAFF REPORT DATE: 05/05108 Page 2 or 10 Form No. 07-15 APPLICATION NO.: SPMI. 1020071344 PREPARED BY: Aneda Ansar HEARING BODY; BCC HEARING DATE: 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 50 51 ANALYSIS: Compliance with Land Development Code Comprehensive Plan: Section 3.01.03(U) of the St. Lucie County Land Development Code, the IH (Industrial, Heavy) Zoning District identifies the designated uses permitted by right, as accessory uses, or through the conditional use process. The proposed telecommunication tower is a permitted use, subject to the standards of Section 7.10.23. The purpose of this district Is to provide an environment suitable for heavy manufacturing and other activities that may impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area together with such other non- residential uses as may be necessary to and compatible with heavy industrial surroundings. The proposed telecommunication tower is consistent with the IND (Industrial) Future Land Use Designation. This land use designation is intended to be implemented through both the heavy and light industrial Zoning Districts. Areas designated for industrial activities must have all necessary services and facilities available prior to development, and supplied by either public or private sources as permitted. In addition, developments proposing to incorporate heavy industrial uses will be required to be adequately buffered from any adjacent use that would be incompatible. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section 11.02.07, of the St. Lucie County Land Development Code identifies the Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Adjustment to a Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St Lucie County, and the proposed use complies with all additional standards Imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Complied Laws of SL Lucie County. The proposed Major Adjustment to an approved "SP Recycle Corp." Site Plan for the project to be known as "South Florida Recycle Communication Tower" is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive STAFF REPORT DATE: 05/05/08 Page 3 of 10 Forts No. 07-15 APPLICATION NO.: SPMI - 1020071344 PREPARED BY: Aneda Ansu HEARING BODY: BCC HEARING DATE: May 20, 2008 I Plan, and the Code and Compiled Laws of St. Lucie County. 2 3 The IND (Industrial) Future Land Use Classification allows the IH (Industrial, 4 Heavy) Zoning District. 5 6 7 S. EFFECT ON NEARBY PROPERTIES 8 9 The proposed building or use will not have an undue adverse effect upon 10 nearby property, the character of the neighborhood, traffic conditions, 11 parking, utility facilities, and other matters affecting the public health, 12 safety, and general welfare. 13 14 The proposed Major Adjustment to a Site Plan has been determined not to have 15 an undue or adverse effect upon nearby properties. The adjoining properties to 16 north, south and west are in the IH (Industrial, Heavy) Zoning District. The 17 property to the east is within jurisdiction of City of Port St. Lucie. The said 18 property is located in the MPUD (Master Planned Unit Development) Zoning 19 District and currently vacant. However, mitigation of any negative impact 20 between non -conforming uses can be achieved with proper landscape buffer as 21 required by §7.09.00 since the property to the east is in MPUD (Master Planned 22 Unit Development) Zoning District with mixed uses. 23 24 However, pursuant to Section 7.10.23 (K) of the Land Development Code, all 25 telecommunications towers shall be setback from all property lines a minimum 26 distance of 20% of the height of the tower, or the minimum setback for the zoning 27 district, or meet the fall radius, whichever is greater. Therefore, prior to 28 signature of site plan, the property owner, his successors or assigns is required 29 to amend the site plan in compliance with Section 7.10.23 (K) of the Land 30 Development Code, to avoid any anticipated negative effects upon any adjacent 31 lands or their interests. 32 33 34 All reasonable steps have been taken to minimize any adverse effect of the 35 proposed building or use on the immediate vicinity through building 36 design, site design, landscaping, and screening. 37 38 All the adjoining properties are currently vacant. However, the Environment 39 Resource Department recommended that prior to issuance of a SLC Vegetation 40 Removal Permit for this site, the property owners, his successors or assigns 41 must submit the necessary information and documents to the St. Lucie County 42 Environment Resource Department for review and approval. 43 44 The proposed building or use will be constructed, arranged, and operated 45 so as not to interfere with the development and use of neighboring 46 property, in accordance with applicable district regulations. 47 48 Pursuant to Section 7.10.23 (K) of the Land Development Code, all 49 telecommunications towers shall be setback from all property lines a minimum 50 distance of 20% of the height of the tower, or the minimum setback for the zoning 51 district, or meet the fall radius, whichever is greater. Therefore, prior to STAFF REPORT DATE: 05/05108 Page 4 or 10 Form No. 07.15 APPLICATION NO.: SPW - 1020071344 PREPARED BY: Anede Ansar HEARING BODY: BCC HEARING DATE: May 20, 2008 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 1s 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 50 51 signature of site plan, the property owner, his successors or assigns is required to amend the site plan in compliance with Section 7.10.23 (K) of the Land Development Code. The applicant has provided the County with signed and sealed plan from a Florida Registered Engineer stating that the tower as designed to break off in sections so it will not fall its full length. Because of this Information, the applicant has stated that they will not provide the County's required setback. The applicant is providing liability insurance should the tower fall on an adjacent property and cause damage C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter Vr Adequate Public Facilities. Keys Wi-Fi 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. Keys WI-Fi Inc., is leasing a 10,000 square foot tract of land from the SP Recycle Corp" site and existing facilities and services will be extended to the proposed Communication Tower, if necessary. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Fire District written meets the minimum access and that the proposed lyrequirements for firelan protectionservices at this access and water supply req ' P facility. The applicant is required to obtain approval from the St. Lucie County Fire District that the proposed plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility prior to issuance of Building Permit. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use does not require school facilities. N/A F. ENVIRONMENTAL IMPACT The applicant has stated that they are working with DEP and SFWMD regarding environmental impact on the site. They have stated that they will comply with requirements of DEP and SFWMD. The applicant has stated that they will comply Page i of 10 Foan No. 07-I5 STAFF REPORT DATE:OSI05108 PREPARED BY: Anode Anser APPLICATION NO.: SPW - 1020071344 }TEARING DATE: May 20.2008 HEARING BODY: BCC I with 6.e of ERD's requested conditions. 2 3 The Environmental Resource Department submitted following comments: 4 5 1) Prior to approval of a SLC Notice of Vegetation Removal, the applicant must 6 provide an illustrative plan of the existing vegetative conditions on the project 7 site, including an aerial photo with a site plan overlay and a FLUCCS map 8 showing landcover types and their acreages Per Section 11.02.09 A 2 i. 9 2) Prior to approval of a SLC Notice of Vegetation Removal, the applicant must 10 provide a jurisdictional determination from the SFWMD for the portion of the 11 site wherein the tower siting is proposed, which includes depressional areas 12 with obligate wetland vegetation, including willow (5afix caro/iniana) and 13 cattail (Typha sp) as these areas may be considered wetlands or "other 14 surface waters". 15 3) Prior to approval of a SLC Notice of Vegetation Removal, the applicant must 16 provide an environmental impact (EIR) report per Section 11.02.09 A 5, since 17 the proposed development contains wetlands. Whether these areas are 18 considered wetlands or "other surface waters", avoidance and minimization of 19 Impacts should be addressed. If applicable, please provide a revised site 20 plan incorporating impact avoidance/minimization or a written justification of 21 proposed impacts. 22 4) Prior to approval of a SLC Notice of Vegetation Removal, the applicant must 23 provide the appropriate classification and buffering for the depressional areas 24 per St. Lucie County Comprehensive Plan Policy 8.1.14.1 (Category I, Il, or III 25 wetland or other surface water). 26 5) Per Section 11.02.09 A 2 d 4, prior to approval of a SLC Notice of Vegetation 27 Removal, the applicant must provide a revised Boundary survey delineating 28 all jurisdictional areas, if any, for the portion of the site wherein the tower 29 siting is proposed. 30 6) Prior to approval of a SLC Notice of Vegetation Removal, the applicant must 31 provide a landscape plan which brings the site up to current Land 32 Development Code (LOG) standards, including: 33 a. A landscaping buffer along Rangeline Road right-of-way, with a 34 continuous hedge and one native tree for each 30 linear feet of right- 35 of -way per Section 7.09.04.A. 36 b. Perimeter landscaping, Including native trees and a continuous four- 37 foot high hedge per Section 7.09.04.B. 38 c. Landscaping for surface parking and other vehicular use areas per 39 Section 7.09.04.C. 40 d. Fence, wall, or other vegetative screening eight feet in height 41 surrounding the scrap yard per Section 7.10.12.B. 42 e. Section 7.10.23.B.8 requires that telecommunication towers shall be STAFF REPORT DATE: 05/05/08 Page 6 of 10 Fofm No. 07.15 APPLICATION NO.: SPMJ-1020071344 PREPARED BY: AncdaAnsar HEARING BODY: BCC HEARING DATE: May 20, 2008 I enclosed by opaque security fencing eight (8) feet in height. The 2 applicant proposes to use existing screening materials on -site, per 3 Section 7.10.23.E.2, which allows that in some cases, natural growth 4 around the property perimeter may be sufficient buffer. At the present 5 time, the required perimeter screening is not provided on -site. If the 6 applicant provides plans to show that the screening on the parent site 7 will be brought up to code, we will accept their request that perimeter 8 screening be used to satisfy tower screening requirements. 9 10 TRANSPORTATION IMPACTS 11 Staff has reviewed the traffic Impact statement from the proposed development and has 12 determined that the proposed development has no traffic impact on the existing traffic on 13 Range Line Road or Glades Cut-off Road. 14 15 STAFF RECOMMENDATION: 16 Staff recommends approval of the request through the adoption of Draft Resolution No. 17 08-147, which would grant approval of a Major Adjustment to an approved "SP 18 Recycling Corp." Site Plan for the project to be known as "South Florida Recycle 19 Communication Tower°, subject to following limiting conditions: 20 21 1. Prior to the issuance of a Building Permit every telecommunications service 22 provider shall establish a cash security fund, bond or provide the County with 23 an irrevocable letter of credit in the same amount, to secure the Cost of 24 removing an antenna, antenna array, or tower that has been determined to 25 be abandoned under Section 7.10.23(P), in the event the owner fails to 26 comply with the provisions of Section 7.10.23(F). The amount of the cash 27 security fund, letter of credit, or, bond is to be provided as follows: 28 29 a. For each commercial telecommunication tower and the initial set of 30 antenna or antenna array = $15,000 31 b. For each co -located telecommunication providers antenna or antenna 32 array = $1,000 33 34 2. Prior to issuance of any permit, the property owner, his successors or assigns 35 is required to provide a copy of lease agreement with the owner of the 36 property. 37 38 3. Prior to signature of site plan, the property owner, his successors or assigns 39 is required to amend the site plan in compliance with Section 7.10.23 (K) of 40 the Land Development Code. 41 42 4. Prior to the issuance of any permit, owners and/or operators of towers shall 43 certify that all licenses required by law for the construction and/or operation of 44 a wireless communications system in the County have been obtained and file 45 a copy of all required licenses with the County. 46 47 48 5. Prior to issuance of a Building Permit, the property owner, his successors or 49 assigns per FAA OE Determination, 2007-ASO-3203 OE, marking and STAFF REPORT DATE: W05/08 Page 7 of 10 Form No. 07-15 APPLICATION NO.: SPMJ-1020071344 PREPARED BY: Aneela Aatar HEARING BODY: BCC HEARING DATE: May 20, 2008 lighting is not necessary but may be done on a voluntary basis. However, since there will be crane activity associated with the project, A notice of Construction is required. The developer can go to the internal link https://oeaaa.faa.aov/osaaa/extemal/portal.isp. 6 6. Prior to the signature of site plan, the property owner, his successors or 7 assigns is required to submit a corrected site plan by correcting Range Line 8 Road (S.R. 609) to (CR 609) and include the right-of-way width. 9 10 7. Prior to issuance of a Building Permit, the property owner, his successors or 11 assigns shall install 8 foot high opaque fence around the compound, pursuant 12 to Section 7.10.23 (B) 8. 13 14 8. Prior to issuance of Building Permit, the property owner, his successors or 15 assigns shall obtain confirmation from the St. Lucie County Fire District that 16 the proposed plan conceptually meets the minimum access and water supply 17 requirements for fire protection services at this facility. 18 19 9. Prior to issuance of a building permit for the construction of communication 20 tower, the applicant shall be required to submit construction/engineering 21 drawings to the St. Lucie County Engineer for review and approval, for the 22 road providing access to the communication tower. 23 24 10. Prior to issuance of a building permit for the construction of communication 25 tower, the property owner, his successors or assigns shall provide liability 26 insurance should the tower fall on an adjacent property and cause damage. 27 28 29 30 Attachments: 31 32 1. Location Maps 33 34 2. Correspondence 35 36 37 Approved by: 38 39 40 41 as 42 cc: File PLANNING MANAGER DEPARTMENT OF GROWTH MANAGEMENT STAFF REPORT DATE: 05/05/08 Page 8 of 10 Form No. 07-15 APPLICATION NO.: SPNV-1020071344 PREPARED BY: Aneela Ansar HEARING BODY: BCC HEARING DATE: May 20, 2008 9 1 Suaaested motion to recommend approval/denial of this reauested conditional use permit. 2 3 MOTION TO APPROVE: 4 5 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC 6 MEETING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF 7 REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND 8 DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY 9 BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING 10 A MAJOR ADJUSTMENT TO "SP RECYCLING CORP." SITE PLAN 11 APPROVAL FOR THE PROJECT TO BE KNOWN AS "SOUTH FLORIDA 12 RECYCLE COMMUNICATION TOWER", FOR A 195 FOOT HIGH 13 COMMUNICATION TOWER WITH A MAXIMUM OF SIX (6) WIRELESS 14 CARRIERS' ANTENNAS ARRAYS, AND SUCH ADDITIONAL TOWER 15 TENANTS' ANTENNAS AS ARE STRUCTURALLY CONSISTENT AND SAFE 16 WITHIN THE ENGINEERING DESIGN AND LOADING CAPACITY OF THE 17 TOWER, LOCATED IN THE IH (INDUSTRIAL, HEAVY) ZONING DISTRICT, 18 FOR THE PROPERTY AT 9901 RANGE LINE ROAD, APPROXIMATELY 0.7 19 MILE SOUTH OF GLADES CUT-OFF ROAD, ST. LUCIE COUNTY, FLORIDA, 20 [CITE REASON WHY - PLEASE BE SPECIFIC] 21 MOTION TO DENY: 22 23 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC 24 MEETING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF 25 REVIEW AS SET FORTH IN SECTION 11,02.07, ST. LUCIE COUNTY LAND STAFF REPORT DATE: 05/05108 Page 9 of 10 Fmm No. 07-15 APPLICATION NO.: SPM]-1020071344 PREPARED BY: Aneda Answ HEARING BODY: BCC HEARING DATE: May 20, 2008 1 DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY 2 BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF KEYS 3 WI-FI INC. FOR A MAJOR ADJUSTMENT TO "SP RECYCLING CORP.' SITE 4 PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS "SOUTH FLORIDA 5 RECYCLE COMMUNICATION TOWER", FOR A 195 FOOT HIGH 6 COMMUNICATION TOWER WITH A MAXIMUM OF SIX (6) WIRELESS 7 CARRIERS' ANTENNAS ARRAYS, AND SUCH ADDITIONAL TOWER 8 TENANTS' ANTENNAS AS ARE STRUCTURALLY CONSISTENT AND SAFE 9 WITHIN THE ENGINEERING DESIGN AND LOADING CAPACITY OF THE 10 TOWER, LOCATED IN THE IH (INDUSTRIAL, HEAVY) ZONING DISTRICT, 11 . FOR THE PROPERTY AT 9901 RANGE LINE ROAD, APPROXIMATELY 0.7 12 MILE SOUTH OF GLADES CUT-OFF ROAD, ST. LUCIE COUNTY, FLORIDA. 13 [CITE REASON WHY- PLEASE BE SPECIFIC] STAFF REPORT DATE: 05/05/09 Page 10 of I0 Form No. 07.15 APPLICATION NO.: SPMI-1020071341 PREPARED BY: Anccla Answ HEARING BODY: BCC HEARING DATE: May 20, 2008