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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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:
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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