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HomeMy WebLinkAbout2019-06-03 PDS Order 19-020FILE #•4575619 OR BOOK 4277 PAGE 1083, Recorded 06/03/2019 04:08:26 PM PDS Order 19-020 SPMN-120195439 AN ORDER OF THE PLANNING & DEVELOPMENT SERVICES DIRECTOR GRANTING APPROVAL OF A MINOR ADJUSTMENT TO A PLANNED UNIT DEVELOPMENT SITE PLAN TO BE KNOWN AS HARBOUR RIDGE CLUBHOUSE TOWER LOCATED AT 12600 HARBOUR RIDGE BLVD, PALM CITY, FL WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request far a Minor Adjustment to Planned Unit Development Site Plan submitted by Vertex Development, LLC and Harbour Ridge Yacht and Country Club, Inc., evaluated the comments of the St. Lucie County Development Review Committee on this application, and made the following determinations: 1. Vertex Development, LLC and Harbour Ridge Yacht & Country Club, Inc. filed an application for a Minor Adjustment to Planned Unit Development Site Plan to permit the construction and operation of a 124-foot telecommunication tower and associated equipment in the PUD (Planned Unit Development) Zoning District for the property located at 12600 Harbour Ridge Blvd as legally described in Paragraph °B" and depicted on the attached map as Exhibit "A". 2. Vertex Development, LLC's application includes that Verizon Wireless will be the main wireless communications provider on the tower and other providers of wireless communications services, including AT&T Wireless, may locale facilities on the tower to improve wireless service in the Harbour Ridge Planned Unit Development area and surrounding areas. 3. Vertex Development LLC leased from Harbour Ridge Yacht & Country Club, Inc. a 2,500 square foot land area within a 9.37 acres parcel. The leased area will include a 50' x 50' (2,500 square foot) telecommunication tower compound surrounded by a 10 foot wide landscape buffer 4. On May 14, 2019, the Board of County Commissioners approved a variance from certain requirements of Section 7.10.23 Telecommunication Tower Siting of the St. Lucie County Land Development Code, as reflected in Resolution No. 19-092. 5. On May '14, 2019, the Board of County Commissioners approved a conditional use permit through Resolution No. 19-093 to allow the construction and operation of a 124-foot telecommunication tower and associated equipment within the PUD residential zoning district. 6. The Development Review Committee has reviewed the proposed Minor Adjustment to PUD Site Plan and found it to meet the technical requirements of the St. Lucie County Land Development Code, with the proposed conditions, in satisfaction of the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. SPMN-120195439 PDS 19.020 Page 1 of 9 7. The proposed Minor Adjustment to the PUD Site Plan encompasses detail of the pre- existing site and proposed site improvements to support the proposed use, in accordance with the approved Conditional Use Permit. 8. The proposed Minor Adjustment to the PUD Site Plan, with the variance granted by the Board of County Commissioners on May 14, 2019, will not have an undue adverse effect on the adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 9. The proposed tower will support the public health, safety and general welfare by improving wireless communications services In the Harbour Ridge community and surrounding areas, which currently has inadequate wireless communications services in many areas. 10. The proposed project will be serviced by adequate public facilities and services. NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida. A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Minor Adjustment to the PUD Site Plan to be known as Harbour Ridge Clubhouse Tower is hereby approved as shown on the site plan drawings, attached as Exhibit "B', for the project prepared by USA Engineering, revised through April 3, 2019 and date stamped received by the St. Lucie County Planning and Development Services Division on April 8, 2019, subject to the following conditions. 1. The Final Building Permit that is issued shall require expressly that the tower be constructed as represented in the application site plan to maintain its stealth characteristics as a flegless, unlit unipole with the height not to exceed 124 feet, with an engineered break point at 48 feet with no more than four canisters of 12 feet each, painted grey and designed as indicated in the application site plan with no antennas or wiring attached on the exterior of the unipole. 2. All fees and costs owed by the applicants to the County shall be paid prior to issuance of any permits. 3. Prior to Final Building Permit inspection all warning signage shall be installed and conform to Section 7.10.23.C.(8 of the St. Lucie County Land Development Code. The warning signs shall be inspected by the Code Compliance Division. 4. This telecommunication tower and all associated equipment must meet or exceed current standards and regulations of the FAA, the FCC, including radio frequency emission standards, and regulations of the State or Federal government with the authority to regulate this tower and associated equipment. If such applicable standards and regulations are changed, then the owners shall bring this tower, antennas and associated equipment into compliance with such revised standards within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring this tower, antennas and associated equipment into compliance with such revised standards and SPMN-120195439 PDS 19-020 Page 2 of 9 regulations shall constitute grounds for the removal of the tower and/or equipment at the expense of the owner. 5. In accordance with the St. Lucie County Land Development Code Section 7.10.237 the owner of the telecommunication tower shall submit a report to the Building Department certifying structural and electrical integrity of the tower every five (5) years following the Building Permit final inspection approval. This report shall be accompanied by a nonrefundable fee of two hundred dollars ($200) to reimburse the County for the cost of review. 6. Prior to the issuance of a Vegetation Removal Permit or Exemption, an updated gopher tortoise survey per Florida Fish and Wildlife Conservation Commission protocol, shall be provided to the Environmental Resources Department. Impacts within 25 ft. of any burrows will require a Florida Fish and Wildlife Conservation Commission permit. 7. Prior to issuance of a building permit all Category I listed invasive species shall be eradicated from the site. B. The property on which this Minor Adjustment to the PUD Site Plan approval is being granted is described as follows: LEGAL DESCRIPTION PARENT PARCEL (OFFICIAL RECORD BOOK 928, PAGE 2626) GOLF COURSE AND TRACT A AS SHOWN ON HARBOUR RIDGE PLAT NO. 6, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR ST. LUCIE COUNTY, FLORIDA, RECORDED IN PLAT BOOK 25, PAGES 40 TO 40E. TOWER PARCEL (PREPARED BY GEOLINE SURVEYING, INC.) THAT PART OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF HARBOUR RIDGE BOULEVARD (70 FEET WIDE PRIVATE RIGHT-OF-WAY) WITH THE CENTERLINE OF SEAGRASS DRIVE (60 FEET WIDE PRIVATE RIGHT-OF-WAY), PLAT OF HARBOUR RIDGE PLAT NO. 5, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 39 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 11'56'23" WEST FOR 1431.49 FEET TO THE SOUTHWEST CORNER OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF SAID PUBLIC RECORDS, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID HARBOUR RIDGE BOULEVARD, SAID POINT ALSO BEING SOUTH 53°24'46" EAST, A DISTANCE OF 482.48 FEET FROM THE EASTERLY END OF A CURVED PART OF THE CENTERLINE OF NORTHWEST LAUREL OAK LANE (60 FEET WIDE PRIVATE SPMN-120195439 PD519-020 Page 3 of 9 RIGHT-OF-WAY) DESIGNATED AS CURVE C7, SAID HARBOUR RIDGE PLAT NO. 6; THENCE NORTH 72028'48" EAST FOR 462.63 FEET TO THE POINT OF BEGINNING; THENCE NORTH 24'21'32" EAST FOR 50.00 FEET; THENCE SOUTH 65"38'28" EAST FOR 50.00 FEET; THENCE SOUTH 24"21'32" WEST FOR 50.00 FEET; THENCE NORTH 65038'28" WEST FOR 50.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 2,500 SQUARE FEET (0.057 ACRES), MORE OR LESS, 20 FOOT WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT (PREPARED BY GEOLINE SURVEYING, INC.) THAT PART OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF HARBOUR RIDGE BOULEVARD (70 FEET WIDE PRIVATE RIGHT-OF-WAY) WITH THE CENTERLINE OF SEAGRASS DRIVE (80 FEET WIDE PRIVATE RIGHT-OF-WAY), PLAT OF HARBOUR RIDGE PLAT NO. 5, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 39 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 11*56'23" WEST FOR 1431.49 FEET TO THE SOUTHWEST CORNER OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF SAID PUBLIC RECORDS, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID HARBOUR RIDGE BOULEVARD, SAID POINT ALSO BEING SOUTH 53°2446" EAST, A DISTANCE OF 482.48 FEET FROM THE EASTERLY END OF A CURVED PART OF THE CENTERLINE OF NORTHWEST LAUREL OAK LANE (60 FEET WIDE PRIVATE RIGHT-OF-WAY) DESIGNATED AS CURVE C7, SAID HARBOUR RIDGE PLAT NO. 6; THENCE NORTH 72928'48" EAST FOR 462.63 FEET TO THE WESTERLY CORNER OF AN 50 FOOT BY 50 FOOT TOWER PARCEL; THENCE NORTH 24"21'32" FAST ALONG THE NORTHWESTERLY LINE OF SAID TOWER PARCEL FOR 30.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NOW EXCLUSIVE INGRESS EGRESS AND UTILITY EASEMENT; THENCE NORTH 65°38'28" WEST FOR 57.05 FEET; THENCE NORTH 23"50'17" EAST FOR 102.00 FEET; THENCE NORTH 65056'53" WEST FOR 295.10 FEET TO POINT "A" THENCE SOUTH 24°26'30" WEST FOR 176.60 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 48"21-57", AND A CHORD OF 147.47 FEET THAT BEARS SOUTH 48"37'28" WEST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR 151.95 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY LINE AND THE WESTERLY LINE OF SAID TRACT A, AND A POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; THENCE RETURN TO SAID POINT "A"; THENCE NORTH 65056'53" WEST FOR 43.10 FEET; THENCE SOUTH 24"2930" WEST FOR 176.31 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 85.00 FEET, A CENTRAL ANGLE OF 68"43'35", AND A CHORD OF 95.95 FEET THAT BEARS SOUTH 58048'17" WEST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE FOR 101.96 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY LINE AND SAID WESTERLY LINE, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. SPMN-120195439 PD519-020 Page 4 of 9 CONTAINING 21,882 SQUARE FEET (0.502 ACRES), MORE OR LESS. 15 FOOT NUDE NON-EXCLUSIVE UTILITY EASEMENT (PREPARED BY GEOLINE SURVEYING, INC.) THAT PART OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING WITHIN 7.5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF HARBOUR RIDGE BOULEVARD (70 FEET WIDE PRIVATE RIGHT-OF-WAY) WITH THE CENTERLINE OF SEAGRASS DRIVE (60 FEET WIDE PRIVATE RIGHT-OF-WAY), PLAT OF HARBOUR RIDGE PLAT NO. 5, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 39 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 11*5623" WEST FOR 1431.49 FEET TO THE SOUTHWEST CORNER OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF SAID PUBLIC RECORDS, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID HARBOUR RIDGE BOULEVARD, SAID POINT ALSO BEING SOUTH 53024'46" EAST, A DISTANCE OF 482.48 FEET FROM THE EASTERLY END OF A CURVED PART OF THE CENTERLINE OF NORTHWEST LAUREL OAK LANE (60 FEET WIDE PRIVATE RIGHT-OF-WAY) DESIGNATED AS CURVE C7, SAID HARBOUR RIDGE PLAT NO. 6; THENCE NORTH 7202648" EAST FOR 462.63 FEET TO THE WESTERLY CORNER OF AN 50 FOOT BY 50 FOOT TOWER PARCEL; THENCE NORTH 24021'32" EAST ALONG THE NORTHWESTERLY LINE OF SAID TOWER PARCEL FOR 12.50 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 15 FOOT WIDE NOW EXCLUSIVE UTILITY EASEMENT; THENCE NORTH 65'38'28" WEST FOR 17.50 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 17.50 FEET NORTHWESTERLY OF SAID NORTHWESTERLY LINE; THENCE SOUTH 24*21'37' WEST ALONG SAID PARALLEL LINE FOR 90.00 FEET; THENCE SOUTH 80'32'59" WEST FOR 51.00 FEET; THENCE NORTH 71*09'17" WEST FOR 80.00 FEET; THENCE SOUTH 18'50'43" WEST FOR 14.00 FEET; THENCE SOUTH 04'56'07" WEST FOR 18.00 FEET; THENCE SOUTH 42'3613" WEST FOR 49.00 FEET; THENCE SOUTH 89*13'39" WEST FOR 108.00 FEET; THENCE SOUTH 74'20'37" WEST FOR 50.00 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 7.50 FEET NORTH OF THE SOUTH LINE OF SAID TRACT A; THENCE SOUTH 87'04'50" WEST ALONG SAID PARALLEL LINE FOR 31.00 FEET; THENCE NORTH 59'18'25" WEST FOR 28.00 FEET; THENCE SOUTH 87004'50" WEST ALONG A LINE PARALLEL WITH SAID SOUTH LINE FOR 10.50 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 7.50 FEET EASTERLY OF SAID EASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 02055'10" WEST ALONG SAID PARALLEL LINE FOR 45.00 FEET; THENCE SOUTH 87'04'50" WEST ALONG A LINE PARALLEL WITH SAID SOUTH LINE FOR 7.50 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY LINE AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE, SAID POINT BEING 68.0 FEET NORTHERLY OF SAID SOUTHWEST CORNER OF SAID TRACT A. CONTAINING 8,993 SQUARE FEET (0.206 ACRES), MORE OR LESS. SPMN-120195439 PDS 19-020 Page 5 of 9 10 FOOT WIDE LANDSCAPE BUFFER (PREPARED BY GEOLINE SURVEYING, INC.) THAT PART OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING WITHIN 10 FEET OF, AND TO THE LEFT AND OUTSIDE OF, A BASELINE/INNER SIDELINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF HARBOUR RIDGE BOULEVARD (70 FEET WIDE PRIVATE RIGHT-OF-WAY) WITH THE CENTERLINE OF SEAGRASS DRIVE (60 FEET WIDE PRIVATE RIGHT-OF-WAY), PLAT OF HARBOUR RIDGE PLAT NO. 5, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 39 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 11 °56'23" WEST FOR 1431.49 FEET TO THE SOUTHWEST CORNER OF TRACT A, HARBOUR RIDGE PLAT NO. 6, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 40 OF SAID PUBLIC RECORDS, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID HARBOUR RIDGE BOULEVARD, SAID POINT ALSO BEING SOUTH 53624'46" EAST, A DISTANCE OF 482.48 FEET FROM THE EASTERLY END OF A CURVED PART OF THE CENTERLINE OF NORTHWEST LAUREL OAK LANE (60 FEET WIDE PRIVATE RIGHT-OF-WAY) DESIGNATED AS CURVE CT SAID HARBOUR RIDGE PLAT NO. 6; THENCE NORTH 7202V48" EAST FOR 462.63 FEET TO THE WESTERLY CORNER OF AN 50 FOOT BY 50 FOOT TOWER PARCEL AND THE POINT OF BEGINNING OF THE BASELINE/INNER SIDELINE OF THE HEREIN DESCRIBED 10 FOOT WIDE LANDSCAPE BUFFER; THENCE NORTH 24°21'32" EAST ALONG THE NORTHWESTERLY LINE OF SAID TOWER PARCEL FOR FOR 50.00 FEET TO THE NORTHERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 65°3828" FAST ALONG THE NORTHEASTERLY LINE OF SAID TOWER PARCEL FOR 50.00 FEET TO THE EASTERLY CORNER OF SAID TOWER PARCEL; THENCE SOUTH 24°21'32" WEST ALONG THE SOUTHEASTERLY LINE OF SAID TOWER PARCEL FOR 50.00 FEET TO THE SOUTHERLY CORNER OF SAID TOWER PARCEL; THENCE NORTH 66°38'28" WEST ALONG THE SOUTHWESTERLY LINE OF SAID TOWER PARCEL FOR 50.00 FEET TO SAID POINT OF BEGINNING, THE OUTER SIDELINES OF THE HEREIN DESCRIBED 10 FEET WIDE LANDSCAPE EASEMENT TO BE LENGTHENED TO MEET AT RIGHT ANGLES. CONTAINING 2,400 SQUARE FEET (0.055 ACRES), MORE OR LESS Location: 12600 Harbour Ridge Blvd, Palm City, Florida Parcel ID: 4425-605-0003-000/5 C. The approvals and authorizations granted by this Order are for the purpose of securing a Building Permit on this property. Unless Vertex Development, LLC, has obtained a Building Permit for the site plan described in Paragraph A or an extension has been sought pursuant to Section 11.02.06 of the St. Lucie County Land Development Code, this approval shall expire twenty four (24) months from the effective date of approval. D. Vertex Development, LLC is advised as part of this Conditional Use Permit approval for Harbour SPMN-120195439 PD519-020 Page 6 of 9 Ridge Clubhouse Tower, the Petitioner shall obtain all applicable development permits and construction authorizations from the appropriate state and federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and South Florida Water Management District, and the St. Lucie County Environmental Resources and Building Departments prior to the commencement of any development activities on the property described herein. Issuance of this permit by the County does not in any way create any rights on the part of the applicants 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 applicants fail to obtain requisite approvals or fulfill the obligations imposed by a state orfederal agency or undertake actions that may result in a violation of state orfederal law. E. The conditions set forth in Paragraph C are an integral, non -severable part of the Conditional Use Permit approval granted by this Resolution. If any condition set forth in Paragraph C is determined to be invalid or unenforceable for any reason and the applicants decline to comply voluntarily with the condition, the Conditional Use Permit approval granted by this resolution shall become null and void. F. A copy of this resolution shall be attached to the Conditional Use Permit site plan drawings described a Paragraph C, which plan shall be placed on file with the Planning and Development Services Department. G. This Order shall become effective upon the date indicated below. An appeal from the Planning and Development Services Director's action may be processed within thirty (30) days in accordance with Section 11.11.01.13, of the St. Lucie County Land Development Code. H. This Order shall be recorded in the Public Records. I. ORDER effective this � Day of May, 2019. PLANNING AND DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Ledlie Olson, 41CP APPROVED AS TO FORM AND BY SPMN-120195439 County POS 19-020 Page 7 of 9 Exhibit A Location Map Subjectj 'Parcel I N&M Fork St. Luse River G) SPMN-120195439 PDS 19-020 Page 8 of 9 Exhibit B Adjusted Site Plan SPMN-120195439 PDS 19-020 Page 9 of 9