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HomeMy WebLinkAboutOrder - SignedPDS ORDER 2020-020 File No.: SPMn-5201915526 AN ORDER GRANTING A MINOR ADJUSTMENT TO THE MAJOR SITE PLAN FOR THE PROJECT TO BE KNOWN AS SILVER LINE PLASTICS — FT. PIERCE 150' PIFLO67 MONOPOLE TELECOMMUNICATIONS FACILITY LOCATED AT ENTERPRISE ROAD, FORT PIERCE. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request for a Minor Adjustment to Major Site Plan for the project to be known as Ft. Pierce 150' PIFLO67 Monopole Telecommunications Facility, the comments of the Development Review Committee, and has made the following determinations: Jennifer Brown, representing Lendlease, presented a petition for a Minor Adjustment to the Major Site Plan to be known as Silver Line Plastics - Ft. Pierce 150' PIFLO67 Monopole Telecommunications Facility, to erect a 150' monopole telecommunication tower and accompanying equipment within a 50' X 50' (2,500 square foot) leased area, as a supplemental use within the Silver Line Plastics storage yard, immediatelywest of the main facility. The tower will be constructed to accommodate up to four (4) wireless carriers. The subject property is located on the north side of Enterprise Road in Fort Pierce, as depicted in Exhibit A and described in Part B below. 2. The Development Review Committee has reviewed the site plan for the project and found it meets the standards of review as set forth in Section 11.02.07, Standards for Site Plan Review and 7.10.23, Telecommunications Tower Siting, of the St. Lucie County Land Development Code, and found it to meet the technical requirements and to be consistent with the general Purpose, Goals, and Objectives of the St. Lucie County Comprehensive Plan. 3. Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department memorandum titled Ft. Pierce 150'PIFLO67 Monopole Telecommunications Facility MinorAdjustment to Major Site Plan (SPMn-5201915526) dated March 3, 2020. 4. 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. 5. All reasonable steps have been taken to minimize any adverse effects of the proposed project on the immediate vicinity through tower design, site design, landscaping, and screening. NOW, THEREFORE, BE IT ORDERED BY THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY, FLORIDA: SPMn-5201915526 PDS 2020-020 Page 1 of 7 A. Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Minor Adjustment to the Major Site Plan is hereby approved as shown on the site plan drawings prepared by B&T Group, date stamped by the Planning & Development Services Department on December 20, 2019 for the property described in Part B below, subject to the following conditions: Pursuant to Land Development Code Section 7.10.23, telecommunication tower owners shall submit to the Building Department certifying structural and electrical integrity every five (5) years. The report shall be accompanied by a nonrefundable fee of two hundred dollars ($200.00) to reimburse the County for the costs of review. Notwithstanding this provision, an owner of a telecommunications tower shall provide such report following recovery from a declaration of a state of emergency by the County or by any appropriate state official that included the area of the tower. 2. Prior to issuance of a Certificate of Occupancy, all Category I listed invasive species shall be eradicated from the minor adjustment site plan area. B. The property on which this Minor Adjustment to the Major Site Plan is being granted is described as follows: LEGAL DESCRIPTION: THAT PART OF THE WEST 1/2 OF THE EAST 1/2 OF SECTION 28, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LYING SOUTH OF THE FLORIDA EAST COAST RAILROAD, LAKE HARBOR BRANCH, AND NORTH OF CANAL NUMBER 10, LESS THE TRACT CONVEYED TO FORT PIERCE GROWERS ASSOCIATION AS DESCRIBED IN. WARRANTY DEED DATED JANUARY 24, 1972, AND RECORDED IN O.R. BOOK 199, PAGE 1420, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPTING THE SOUTH 60.00 FEET THEREOF AND THE RIGHT OF WAY FOR ENTERPRISE ROAD, AS NOW LAID OUT AND IN USE. SUBJECT TO A PREVIOUSLY EXISTING RESERVATION OR A PERPETUAL EASEMENT CREATED IN O.R. BOOK 384, PAGE 1452 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, DESCRIBED THEREIN AS FOLLOWS: 'THE GRANTORS HEREBY RESERVE FOR THEMSELVES AND THEIR ASSIGNS, A PERPETUAL EASEMENT OVER AND UPON THE WESTERLY47 FEET OF THE ABOVE DESCRIBED PROPERTY FOR THE PURPOSE OF PRESERVING TO THE GRANTORS, THE HEIRS AND SUCCESSORS IN INTEREST, THAT RAILROAD SPUR TRACK LOCATED THEREON, INCLUDING THE RIGHT TO USE SAID RAILROAD SPUR TRACK TO BRING EQUIPMENT, MATERIAL OR PRODUCTS FROM FEC RAILWAY LINE TO THE REMAINING PROPERTIES OWNED BY SAID GRANTORS, AND TO DELIVER PRODUCTS, AND EQUIPMENT FROM THE PROPERTY OF THE GRANTORS TO THE FEC RAILWAY LINE, TO REPAIR, MAINTAIN AND USE SAID RAILROAD SPUR TRACK IN ALL MANNERS CUSTOMARILY FOLLOWED IN USING A RAILROAD SPUR TRACK AND TO COMPLY WITH ALL OF THE REQUIREMENTS AND OBLIGATIONS BETWEEN THE GRANTORS AND FEC RAILWAY COMPANY CONCERNING SAID RAILROAD SPMn-5201915526 PDS 2020-020 Page 2 of 7 SPUR TRACK." "THE EASEMENT RESERVED BY GRANTOR IS FOR THE USE OF SAID RAILWAY LINE IN COMMON WITH GRANTEES, THEIR SUCCESSORS AND ASSIGNS, AS IS MORE FULLY SET OUT IN A MAINTENANCE AGREEMENT EXECUTED AND RECORDED CURRENTLY HEREWITH." A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF DIGIORGIO ROAD (A 60-FOOT WIDE RIGHT-OF-WAY) AND THE WEST RIGHT-OF- WAY LINE OF ENTERPRISE ROAD (A 60-FOOT WIDE RIGHT-OF-WAY); THENCE N88° 01' 34"W ALONG SAID NORTH RIGHT-OF-WAY LINE FOR 409.36 FEET; THENCE N00° 00' 00"E FOR 182.34 FEET; THENCE N90° 00' 00"W FOR 50.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE S00° 00' 00"E FOR 50.00 FEET; THENCE N90° 00' 00"W FOR 50.00 FEET; THENCE N00° 00' 00"E FOR 50.00 FEET; THENCE N90° 00' 00"E FOR 50.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA CONTAINING 2,500 SQUARE FEET MORE OR LESS. PI TELECOM INFRASTRUCTURE LLC ACCESS & UTILITIES EASEMENT DESCRIPTION AN EASEMENT PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF DIGIORGIO ROAD (A 60-FOOT WIDE RIGHT-OF-WAY) AND THE WEST RIGHT-OF- WAY LINE OF ENTERPRISE ROAD (A 60-FOOT WIDE RIGHT-OF-WAY); THENCE N88° 01' 34"W ALONG SAID NORTH RIGHT-OF-WAY LINE FOR409.36 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT PARCEL OF LAND; THENCE N00° 00' 00"E FOR 182.34 FEET; THENCE N90° 00' 00"W FOR 50.00 FEET; THENCE S00° 00' 00"E FOR 50.00 FEET; THENCE N90° 00' 00"E FOR 20.00 FEET; THENCE S00° 00' 00"E FOR 131.30 FEET TO AN INTERSECTION WITH SAID NORTH RIGHT-OF-WAY LINE OF DIGIORGIO ROAD; THENCE S88° 01' 34"E ALONG SAID NORTH RIGHT-OF-WAY LINE FOR 30.02 FEET TO THE POINT OF BEGINNING. Parcel Identification Number: 2428-133-0001-000-6 Address: 0 Enterprise Road, Fort Pierce, FL, 34982 C. This Minor Adjustment to the Major Site Plan for the project to be known as Silver Line Plastics - Ft. Pierce 150' PIFL067 Monopole Telecommunications Facility shall expire within twenty-four (24) months of the effective date of this Order unless a building permit is issued or an extension is granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. SPMn-5201915526 PDS 2020-020 Page 3 of 7 D. The developer is advised as part of this Minor Adjustment approval for Lendlease, including any successors in interest, 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 Federal Aviation Administration, Federal Communications Commission, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, South Florida Water Management District, and the 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 of the County for issuance of this permit if the developer fails to obtain requisite approvals or 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 then shall be placed on file with the St. Lucie County Planning and Development Services Department and mailed to the developer and agent of record as identified on the site plan application. A Certificate of Capacity, a copy of which is attached hereto as Exhibit B and made a part hereof the Order, was granted by the Planning and Development Services Department Director. G. This Order shall be recorded in the Public Records of St. Lucie County. This ORDER effective ther— day of March, 2020. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNAY, FLORIDA Liz AICP, Director APPROVED AS TO FORM AND CORRECTNESS: County Attorney SPMn-5201915526 PDS 2020-020 Page 4 of 7 EXHIBIT "A" Site Plan ruc.raca xhis-irz-mIT Y y� q 9i MM[RO Whip IR 1113. v .PRO, CO F JOV ZONNF IL Y 44 yv GZ J1a SS r X I 1trZr1 % P pv3C F. i•RLbw xr. l: A8� qq1 t F @( y 3 iyo 9 ENTERPRISE ROAD sa yw I I I I I 6 I I � I 1 I I I I p I I Ali 7 m�. ppR F I� � rX �Lf SPMn-5201915526 PDS 2020-020 Page 5 of 6 EXHIBIT "B" Certificate of Capacity St Lucie County Certificate of Capacity Date 1l912020 Certificate No. 1I17q This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Minor AdmsUncnt to Major SiW 11Iml Number of units 0 Number of square feet 2. Property legal description & Tax ID no. 1428.133-0001-000.6 0 Efliciprlsc Knad, Foil Picrcc. l 1., 14982 Sihvr Lino Plagics - FP 1 S0' PIpIA6'i h111 3. Approval: Building Resolution No. PDS 2020-0 Letter 3r9nozo 4. Subject to the following Conditions for concurrency: Owners name Willi= Ilcurd, Silve14,11W NaSkSCorp_ Address 900 Riverside Dji%e Ashavillc NC 28604 6, Certificate Expiration Date li') 02 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent devel me or I�ss/u�e�d for the same property, Liao and size as described herein. 11 Signed Dale; 9iYUY11 Planning en Development Services Director St Lucia County, Florida Monday, Mnrch 9, 2020 SPMn-5201915526 PDS 2020-020 pair I of 2 Page 6 of 6