HomeMy WebLinkAboutAgenda Packet 04.19.2018
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PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
P & Z Regular Meeting
Thursday, April 19, 2018
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
Chairman
WILLIAM O'DELL
Board Member
CRAIG MUNDT
Board Member
SEAN MITCHELL
At-Large Board Member
BOBBY HOPKINS
At-Large Board Member
JAMES TAYLOR
Board Member
EDWARD LOUNDS
Board Member
WILLIAM SMITH
At-Large Board Member
JAMES CLASBY
At-Large Board Member
ROBERT LOWE
Ex-Officio Board Member
MARTY SANDERS
P & Z Regular Meeting Thursday, April 19, 2018 6:00 PM
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WELCOME
Please turn off all cellular phones and pagers prior to entering the Commission Chambers.
Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory
capacity to the St. Lucie County Board of County Commissioners and has the power to review and
make recommendations to the Board, for approval or disapproval, on any applications within their
area of responsibility.
The Planning and Zoning Commission strongly encourages your input and comment at the public
hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions.
For public convenience, all meetings are televised and are provided with wireless internet access.
P & Z Regular Meeting Thursday, April 19, 2018 6:00 PM
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1. CALL TO ORDER
A. Pledge of Allegiance
B. Invocation
C. Roll Call
D. Announcements
E. Disclosure(s)
2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, March 15,
2018
3. PUBLIC COMMENT
4. PUBLIC HEARINGS
A. Rezoning: Tindall Holdings III, LLC property from CN (Commercial, Neighborhood) to the AR-1
(Agricultural, Residential—1 du/ac)
Staff recommends that the petition be forwarded to the Board of County Commissioners with a
recommendation of approval because the rezoning is consistent with the Standards of Review
identified in Section 11.06.03 of the Land Development Code and is consistent with the goals,
objectives and policies of the Comprehensive Plan.
B. Rezoning: Miller Property from the AR-1 (Agricultural Residential – 1) Zoning District to the CG
(Commercial General) and IL (Industrial Light) Zoning Districts
Staff recommends that the proposed rezoning be forwarded to the Board of County
Commissioners with a recommendation for approval because the rezoning is consistent with
the Standards of Review identified in Section 11.06.03 of the Land Development Code and is
consistent with the goals, objectives and policies of the Comprehensive Plan.
C. Ordinance - Amendments to the Land Development Code regarding Telecommunications
Towers and Antennas
Staff recommends the Local Planning Agency forward the draft ordinance to the Board of
County Commissioners with a recommendation of approval.
5. WORKSHOPS
P & Z Regular Meeting Thursday, April 19, 2018 6:00 PM
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A. There are no items scheduled.
6. OTHER BUSINESS
A. There are no scheduled items.
7. ADJOURN
NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are
electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission /
Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring
their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the
appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in.
Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon
request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk
Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about
this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822.
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ST. LUCIE COUNTY PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
P & Z Regular Meeting
March 15, 2018 Convened: 6:00 PM
Adjourned: 7:20 PM
1. CALL TO ORDER
The meeting was called to order at 6:00 PM by At-Large Board Member Bobby Hopkins
A. Pledge of Allegiance
B. Invocation
By Mr. Hopkins
Attendee Name Title Status Arrived
William O'Dell Chairman Absent
Edward Lounds Board Member Present
Craig Mundt Board Member Present
William Smith Board Member Present
Sean P. Mitchell Board Member Present
James Clasby At-Large Board Member Absent
Bobby Hopkins At-Large Board Member Present
Robert Lowe At-Large Board Member Present
James Taylor At-Large Board Member Present
Marty Sanders Ex-Officio Board Member Present
D. Announcements
Welcome New Board Member: Sean Mitchell
Planning Director introduced the new Assistant Director Mayte Santamaria
Planning Director introduced the new Senior Planner, Kori Benton
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E. Disclosure(s)
Mr. Smith stated he would have to recuse himself regarding agenda 4A but sees that it will be
continued to April.
2. MINUTES
A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, January
18, 2018
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Edward Lounds, Board Member
SECONDER: James Taylor, At-Large Board Member
AYES: Lounds, Mundt, Smith, Mitchell, Hopkins, Lowe, Taylor
ABSENT: William O'Dell, James Clasby
3. PUBLIC COMMENT
None
4. PUBLIC HEARINGS
A. Rezoning: Tindall Holdings III, LLC property from CN (Commercial, Neighborhood) to the AR-1
(Agricultural, Residential—1 du/ac)
Bethany Grubbs, Planner stated this agenda item will be continued to April 19, 2018.
Unanimously approved to continue.
RESULT: TABLED (CONTINUED) [UNANIMOUS] Next:
4/19/2018 6:00 PM
AYES: Lounds, Mundt, Smith, Mitchell, Hopkins, Lowe, Taylor
ABSENT: William O'Dell, James Clasby
B. Rezoning: Indian River Spirits From the CG (Commercial General) and AR-1 (Agricultural
Residential – 1) Zoning Districts to the IL (Industrial Light) Zoning District)
Kori Benton, Senior Planner stated the proposed zoning change is to allow for a manufacturing
use in addition to the existing commercial use on the property. Both uses are permitted in the
requested industrial, light zoning district. The proposed zoning district is IL (Industrial, Light),
which is intended “to provide and protect an environment suitable for light manufacturing,
wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor,
dust, or other offensive effects on the surrounding area, together with such other uses as may
be necessary to and compatible with light industrial surroundings.” Given the underlying MXD
(Mixed Use Development - Airport Mixed Use Activity Area) Future Land Use and the existing
zoning pattern, the proposed zoning district of IL is more compatible with the anticipated
future development of this area and with the Airport Master Plan than is the current zoning.
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Placing IL zoning on the property would remove the residential density contained in the AR-1
district, which is incompatible with the airport use, and allow for light industrial uses consistent
with the airport and the Kings Highway corridor.
Staff recommends that the proposed rezoning be forwarded to the Board of County
Commissioners with a recommendation for approval because the rezoning is consistent with
the Standards of Review identified in Section 11.06.03 of the Land Development Code and is
consistent with the goals, objectives and policies of the Comprehensive Plan.
The Commission had a brief discussion regarding no objections from the neighbor and use of
the airport access road.
Public Hearing open
No one spoke
Public Hearing closed
RESULT: APPROVE [UNANIMOUS]
MOVER: Craig Mundt, Board Member
SECONDER: James Taylor, At-Large Board Member
AYES: Lounds, Mundt, Smith, Mitchell, Hopkins, Lowe, Taylor
ABSENT: William O'Dell, James Clasby
C. Murphy Rezoning from the I (Institutional) Zoning District to the AG-1 (Agricultural -1) Zoning
District
Linda Pendarvis, Development Review Coordinator stated this petition is a request for a change
in zoning from the I (Institutional) zoning district to the AG-1 (Agricultural-1) zoning district to
allow the applicant's existing residential development to continue in conformance with the
proposed zoning district. The subject parcel consists of 2.35 acres located on the west side of
Keen Road with the address of 2491 Keen Road. The current zoning of the subject property is I
(Institutional), which is intended “…to provide and protect an environment suitable for
institutional, public and quasi-public surroundings.” Single family residential homestead are not
permitted unless operated as a congregate care facility, foster home, group care home, child
care home, etc., licensed to serve clients of the Department of Children and Families Services.
The proposed zoning district is AG-1 (Agricultural - 1 du/acre), which is intended to provide and
protect an environment suitable for single-family dwellings at a maximum density of one (1)
dwelling unit per gross acre, together with such other uses as may be necessary for and
compatible with very low density rural residential surroundings and productive agricultural
uses. Potential conditional uses range from agricultural crop services to retail sale of farm
equipment. Potential allowed permitted uses include farms, ranches, animals (other than
household domesticated pets), and a guest house (for a complete list please see the zoning use
attachment).
The 1995 rezoning from AG-1 to (I) Indusrial was to allow for the expansion of an existing elder
care facility. The applicants are seeking a change in zoning to allow for the continued use of the
existing residential home in conformance with the proposed zoning district. The permitted uses
in the parcel’s existing in I Zoning include assistant living facilities, public safety offices, parks
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P & Z Regular Meeting Thursday, March 15, 2018 6:00 PM
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and recreation activities. The proposed agricultural zoning district is found on several parcels in
the area and will allow the existing single family homestead.
The change in zoning is not expected to result in significant adverse impacts on the natural
environment. The Environmental Resources Department (ERD) is in receipt of the November
29, 2017 date-stamped submittal from Planning & Development Services. The applicant is
requesting approval to rezone a parcel from Institutional (I) to Agricultural 1 (AG-1) for
Homestead and tax purposes. The 2.35 acre parcel has an existing large home that was
previously operating as an assisted living facility, and now is being used as a single-family
residence. The parcel, located at 2494 Keen Rd in Ft. Pierce, is within the Towns, Villages, and
Countryside (TVC) element. The rezoning to AG-1 is not anticipated to result in any adverse
environmental impacts. This submittal does not propose any new construction activities, and
therefore, no environmental impacts are anticipated at this time. If site development activities
are proposed, ERD will conduct further review through the site plan or building permit review
process.
There was brief discussion of the agenda item with unanimous approval.
Public Hearing open
Sara Murphy gave her reasons for the request
Public Hearing closed
RESULT: APPROVE [UNANIMOUS]
MOVER: James Taylor, At-Large Board Member
SECONDER: Robert Lowe, At-Large Board Member
AYES: Lounds, Mundt, Smith, Mitchell, Hopkins, Lowe, Taylor
ABSENT: William O'Dell, James Clasby
D. River Park Overlay Land Development Code Text Amendment
Leslie Olson, Planning Director stated the proposed Land Development Code amendments to
the River Park Community Overlay Zone are the result of many years of planning efforts
between St. Lucie County and the residents of the River Park neighborhood. The original
overlay was adopted in 1997 as a way to maintain the corridor as primarily residential, since
conversion to commercial uses had been gaining frequency. In recent years sentiments have
changed to emphasize a more refined attitude toward the inclusion of commercial uses in ways
that still perpetuate the residential character and form of the community. The revisions
included in this ordinance attempt a reconsidered approach to the inclusion of non-residential
uses along the Prima Vista Blvd. corridor. The proposed text amends the River Park Community
Overlay Zone, Section 4.02.00 of the Land Development Code (LDC). The purpose of the overlay
zone is “to recognize changing conditions along Prima Vista Boulevard, in the River Park
subdivision, between South Highway US 1 (SR 5) and Airoso Boulevard and to establish
supplemental performance standards of review by which to evaluate all applications for change
in zoning to nonresidential use.” The overlay zone section “is intended to provide for a logical
and orderly transition from residential to nonresidential zoning where appropriate, and to
protect those parcels which remain residential from the impacts of nonresidential
development.”
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P & Z Regular Meeting Thursday, March 15, 2018 6:00 PM
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In 2014, the Planning and Development Services staff held five workshops with the River Park
Community. The focus of the workshops was to reach a consensus among the residents as to
the recommended changes to the River Park Community Overlay Zone. Based on written
comments and feedback offered during the workshop process, the residents reached general
consensus on the following issues:
• No desire to commercialize the River Park marina (restaurant)
• Encourage commercial development one lot deep, two lots wide and one story high
• Create River Park specific landscaping and architectural requirements
• Prohibit the high intensity uses: I.E. multi-family residential, gas stations, bars/nightclubs
• Consider the following uses: medical/professional offices
• Boulevard beautification
• Consideration of differing character and design along Prima Vista should encourage differing
design and use standards
There was minority interest in the following:
• Two story height development along the boulevard
• Two lot deep commercial development conversion, providing walls and landscaping to the
rear
• Low intensity services (hair salon, coffee shop) and small scale retail (boutique under
3,000 SF)
The consensus data was then organized into the below three scenario options and voted upon.
1. Scenario One: Rescind the River Park Overlay, and allow underlying Future Land Use and Zoning
to control.
• Net Effect: Permitted uses remain single family; however, all zoning districts compatible under
Residential Urban Future Land Use are possible upon rezoning. These zoning districts include:
all Residential zoning, Commercial Office, Commercial Neighborhood, Institutional, Utilities and
Religious Facilities. Higher intensity uses, such as Commercial General zoning, could be possible
if the applicant processes a Future Land Use map amendment. This scenario would lead to
higher intensity uses along the Prima Vista Boulevard.
2. Scenario Two: Adopt new Overlay regulations based on year-long consensus building.
• Net Effect: Creation of River Park Office Commercial, encouraging the development of one lot
deep, primarily small scale office uses, with provisions for some low-intensity service uses and a
mechanism to consider two-story commercial structures through a Conditional Use permit.
Two-lot deep development would retain the requirement to process a Future Land Use map
amendment. This scenario will encourage the redevelopment of existing structures and existing
lot sizes, retaining the existing massing and scale, allowing for uses to change along the Prima
Vista corridor while retaining the mid century character of River Park.
3. Scenario Three: Do nothing. Leave River Park Overlay regulations intact.
• Net Effect: Encourages the retention of single family homes on Prima Vista Boulevard. In order
to convert to commercial, the overlay requires amassing multiple parcels of land, contemplates
two-lot deep development, requires a future land use map amendment, and a Planned Non
Residential Development rezoning and site plan process. This is not within the fiscal feasibility
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of most small businesses. It will ultimately lead to larger scale commercial development, as
evidenced by the auto parts stores, rather than low intensity small office uses.
After extensive discussion and questions, a poll of those in attendance resulted in the following:
1. Scenario One: 11 votes 2. Scenario Two: 35 votes 3. Scenario Three: 0 votes
Staff presented the results of the workshop series to the Board of County Commissioners where
staff was then directed to move forward with amending the River Park Community Overlay
Zone per Scenario Two. Since that time staff has been working with outside planning
consultants to formulate the new language.
Staff recommends that the proposed Text Amendment to the Land Development Code be
forwarded to the Board of County Commissioners with a recommendation for approval because
it meets the Standards of Review contained in Section 11.06.03 and is consistent with the goals,
objectives and policies of the Comprehensive Plan.
The Commission had a detailed discussion regarding commending staff with collaborating with
the neighborhood; sheriff's office doing a traffic study; speeding in the neighborhoods; the
width of the side roads; building height, waiting until Crosstown Parkway is opened for another
study. Also keeping the character of the road; square footage; converting houses to offices;
congestion, conditional uses and WaWa.
Public Hearing open
3 residents in the area spoke and gave reasons for their likes and dislikes of the agenda item.
They all commended staff for the neighborhood meetings; talked about the congestion of the
side streets; noise and the traffic study.
Public Hearing closed
RESULT: APPROVE [UNANIMOUS]
MOVER: Craig Mundt, Board Member
SECONDER: James Taylor, At-Large Board Member
AYES: Lounds, Mundt, Smith, Mitchell, Hopkins, Lowe, Taylor
ABSENT: William O'Dell, James Clasby
5. WORKSHOPS
A. There are no items scheduled.
6. OTHER BUSINESS
A. There are no scheduled items.
7. ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned.
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Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the
Circuit Court and available for inspection upon request.
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ITEM NO. (ID # 5079)
DATE: 04/19/2018
AGENDA REQUEST *
QUASI-JUDICIAL
BACKGROUND:
The subject undeveloped property consists of 2.44 acres and is located within the Doiran Subdivision,
which was originally platted in 1950 (Plat Book 9, Page 22). County records indicate that as of 1972 the
subject property was zoned B-4 (General Business), which allowed for very light production and
processing activities. With the adoption of the St. Lucie County Land Development Code in 1984, the
County rezoned the subject parcel to CN (Commercial, Neighborhood), which is comparable to the former
B-4 zoning designation. With the exception of the subject property, the adjacent parcels have zoning
designations which allow single-family detached dwellings as a permitted use.
The applicant is seeking a change in zoning from CN to AR-1 to allow for the construction of two
residential dwelling units. Single-family homesteads are not permitted under the parcel’s current
commercial zoning designation. The proposed agricultural, residential zoning district which the applicant
is seeking, is found on the abutting parcels to the south and east.
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Bethany Grubbs, Planner
SUBMITTED BY: Planning Division
SUBJECT: Rezoning: Tindall Holdings III, LLC property from CN (Commercial,
Neighborhood) to the AR-1 (Agricultural, Residential—1 du/ac)
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Updated: 4/5/2018 12:50 PM by Mayte Santamaria Page 2
Existing Zoning:
Proposed Zoning:
PREVIOUS ACTION:
None.
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Updated: 4/5/2018 12:50 PM by Mayte Santamaria Page 3
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends that the petition be forwarded to the Board of County Commissioners with a
recommendation of approval because the rezoning is consistent with the Standards of Review identified
in Section 11.06.03 of the Land Development Code and is consistent with the goals, objectives and policies
of the Comprehensive Plan.
COMMISSION ACTION:
Coordination/Signatures
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Planning and Zoning Commission
Planning Division Agenda Item Summary
Applicant
Tindall Holdings III, LLC
Wade Tindall
201 Campbell Road
Fort Pierce, FL 34945
File Number
RZ-1120175217
Project Location
Southwest corner of Orange
Avenue and Bridlewood Way,
approximately 0.35 miles east of
the Florida Turnpike
Future Land Use
RU (Residential Urban)
Existing Zoning
CN (Commercial, Neighborhood)
Proposed Zoning
AR-1 (Agricultural, Residential—
du/ac)
Project Manager
Bethany Grubbs
Planner
(772) 462-1687
GrubbsB@stlucieco.org
Tindall Holdings III, LLC
Amendment to the Official Zoning Atlas
(Rezoning)
Project Description
The applicant has requested a
change in zoning from the CN
(Commercial, Neighborhood) to the
AR-1 (Agricultural, Residential—1
du/ac) Zoning District for a 2.44 acre
parcel located within the Doiran
Subdivision, at the southwest corner
of Orange Avenue and Bridlewood
Way.
Background
The subject property is currently
undeveloped. The purpose of this
request is to allow for the residential
development of the subject property
in accordance with the proposed AR-
1 Zoning District. The property will be
serviced via central water provided
by FPUA and an on-site septic
system upon Health Department
approval.
Previous Action
None
Notice Requirements
Public hearing notice was placed in
the St. Lucie News Tribune on April
5, 2018, letters sent to property
owners within 500 feet of the subject
property, and a sign placed on the
property.
Recommendation
Staff recommends that the proposed
petition be forwarded to the Board of
County Commissioners with a
recommendation for approval.
Hearing Date:
Thursday
April 19, 2018
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Planning and Development
Services Department
S T A F F R E P O R T
TO: Planning & Zoning Commission
THROUGH: Mayte Santamaria, Planning & Development Services Assistant Director
Linda Pendarvis, Development Review Coordinator
FROM:
Bethany Grubbs, Planner
DATE: April 19, 2018
SUBJECT: Rezoning - Tindall Holdings III, LLC
Request: Change in zoning from CN (Commercial, Neighborhood) to AR-1
(Agricultural, Residential – 1 du/acre).
Purpose: The proposed zoning change to AR-1 (Agricultural, Residential – 1
du/ac) will allow for residential uses consistent with the Future Land Use
designation and surrounding properties to the north, south, east and
west.
Location: Southwest corner of Orange Avenue and Bridlewood Way, approximately
0.35 miles east of the Florida Turnpike
Tax Id: 2310-801-0001-000-4
Parcel Size: 2.44 acres
Existing Use: Vacant Lot
Future Land Use: RU (Residential Urban)
Zoning: CN (Commercial, Neighborhood)
Proposed Zoning: AR-1 (Agricultural, Residential – 1 du/acre)
Applicant / Tindall Holdings III, LLC
Property Wade Tindall
Owner: 201 Campbell Road
Fort Pierce, FL 34945
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Tindall Holdings III, LLC Rezoning
RZ 1120175217
April 19, 2018
Page 2
Overlay Zone: None
Urban Services Boundary: Inside
Existing Land Use and Zoning:
BACKGROUND ANALYSIS
The subject undeveloped property consists of 2.44 acres and is located within the Doiran
Subdivision, which was originally platted in 1950 (Plat Book 9, Page 22). County records indicate
that as of 1972 the subject property was zoned B-4 (General Business), which allowed for very
light production and processing activities. With the adoption of the St. Lucie County Land
Development Code in 1984, the County rezoned the subject parcel to CN (Commercial,
Neighborhood), which is comparable to the previous B-4 zoning designation. With the exception
of the subject property, the adjacent parcels have zoning designations which allow single-family
detached dwellings as a permitted use.
The applicant is seeking a change in zoning to allow for residential development. Single-family
homesteads are not permitted under the parcel’s current commercial zoning designation. The
proposed agricultural, residential zoning district which the applicant is seeking, is found on the
abutting parcels to the south and east.
Current Zoning:
The current zoning of the subject property is CN (Commercial, Neighborhood). The purpose of
this district is to provide and protect an environment suitable for limited retail trade and service
activities covering a relatively small area and that is intended to serve the population living in
surrounding neighborhoods.
Proposed Zoning:
The proposed zoning of the subject property is AR-1 (Agricultural Residential – 1 du/acre), which
is intended “…to provide and protect an environment suitable for single-family dwellings at a
Location
Future Land Use
Zoning
Existing Land Use
Adjacent
Parcels
North RU (Residential, Urban –
5 du/ac)
PUD (Planned Unit
Development
Palm Breezes Club
Subdivision (fka
Morningside)
South RU (Residential, Urban –
5 du/ac)
AR-1 (Agricultural,
Residential – 1 du/ac) &
RS-3 (Residential, Single-
Family – 3 du/ac)
Single-Family
Residences
East RU (Residential, Urban –
5 du/ac)
AR-1 (Agricultural,
Residential – 1 du/ac)
Undeveloped Land
and Single Family
Residence
West RU (Residential, Urban –
5 du/ac)
RS-2 (Residential, Single-
Family – 2 du/ac)
Vacant, Unimproved
4.A.b
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Tindall Holdings III, LLC Rezoning
RZ 1120175217
April 19, 2018
Page 3
maximum density of one (1) dwelling unit per gross acre, together with such other uses as may
be necessary for and compatible with very low density rural residential surroundings.” The primary
use in the AR-1 zoning district is residential single-family.
****************************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application, the Board of County Commissioners shall consider and make the
following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions of the St.
Lucie County Land Development Code;
The proposed change in zoning will not be in conflict with the County’s Land Development
Code and has met the Standards of Review as set forth by Section 11.06.03. The proposed
zoning district is consistent with Section 11.09.02(A), Table 11-1 Zoning District/Land Use
Category Compatibility Chart, and the site meets the dimensional requirements set forth in
Section 7.04.00 – Area, Yard, Height and Open Space Requirements and Table 7-10 - Lot
Size and Dimensional Requirements for the AR-1 Zoning District.
The dimensional requirements set forth in Section 7.04.00 and Table 7-10 are shown below
for both the existing CN (Commercial, Neighborhood) Zoning District and the proposed AR-1
(Agricultural, Residential – 1 du/ac) Zoning District. The parcel meets the minimum
dimensional requirements for lots found in the proposed AR-1 (Agricultural, Residential – 1
du/ac) Zoning District.
Comparison of the Dimensional Requirements by Zoning District from Table 7-10 LDC
CN Zoning District
Minimum
AR-1 Zoning District
Minimum
Subject Parcel
Lot Size 10,000 square feet 43,560 square feet 106,597 square feet
Lot Width 75 feet 150 feet 278.25 feet
Road Frontage 60 feet 30 feet 385 feet
Front Setback 25 feet 50 feet N/A
Rear Setback 20 feet 30 feet N/A
Side Setback 10 feet 20 feet N/A
Building Height 35 feet 35 feet N/A
Lot Coverage by Bldg. 50 % 20 % N/A
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Tindall Holdings III, LLC Rezoning
RZ 1120175217
April 19, 2018
Page 4
2. Whether the proposed amendment is consistent with all elements of the St. Lucie
County Comprehensive Plan;
The proposed rezoning from CN (Commercial, Neighborhood) to AR-1 (Agricultural,
Residential – 1 du/ac) is consistent with the County’s Comprehensive Plan. The proposed
change in zoning to AR-1 is compatible with the property’s Future Land Use Designation of
RU as per Comprehensive Plan Table 1-3, Land Use Designation / Zoning Compatibility
Chart. The subject parcel exceeds the required lot size of 43,560 square feet, the minimum
lot width of 150 feet and the minimum road frontage of 30 feet for a buildable lot in the AR-1
Zoning District. The proposed rezoning of the property is found to be consistent with the Future
Land Use Designation and consistent with the zoning and current uses for other properties in
the immediate area.
The proposed change in zoning is consistent with the following Comprehensive Plan
directives that apply to the proposed change in zoning:
Objective 1.1.5 - In coordination with the other elements of this plan, future development
within the Urban Service Area shall be directed to areas where urban and community
services/facilities can be provided in the most efficient and compact manner so as to
discourage the proliferation of urban sprawl.
The subject property is located within the Urban Service Area.
Objective 1.1.1: Maintain the Future Land Use Map land with the following use
designations to portray the future development patterns of St. Lucie County.
The Residential Urban land use category allows for a maximum residential density of 5
du/ac. The applicant is proposing (2) dwelling units on (2) 1.22 acre lots with a density of
1 dwelling unit per acre, contingent on Lot Split approval.
Table 1-3 Land Use Designation/Zoning Compatibility Matrix
The AR-1, Agricultural, Residential – 1 du/ac zoning district is compatible with the RU,
Residential Urban land use.
3. Whether and the extent to which the proposed zoning is inconsistent with the existing
and proposed land uses;
The proposed rezoning from CN (Commercial, Neighborhood) to AR-1 (Agricultural,
Residential – 1 du/ac) is consistent with the existing and proposed land uses. As stated above,
the AR-1 Zoning District is compatible with the RU Future Land Use designation as per both
the Land Development Code and the Comprehensive Plan.
4. Whether there have been changed conditions that require an amendment;
No change in conditions has occurred to require the amendment.
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Tindall Holdings III, LLC Rezoning
RZ 1120175217
April 19, 2018
Page 5
5. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether or to the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass
transit, and emergency medical facilities;
The requested rezoning from the CN (Commercial, Neighborhood) to AR-1 (Agricultural,
Residential – 1) Zoning District will have a lesser impact on the existing infrastructure than
might be generated by non-residential development; therefore, the proposed request is not
expected to result in excessive demands on public facilities. Prior to the issuance of any final
development order, the developer must demonstrate that all public facilities are available to
serve the parcel and obtain a Certificate of Capacity. The applicant has signed the required
Concurrency Deferral Affidavit recognizing this provision.
Potable Water and Wastewater Treatment
The subject parcel is located with the Fort Pierce Utilities Authority service area for potable
water. Existing water lines are located along the north side of Orange Avenue.
Wastewater is not available through FPUA at this time for new residential developments in
the area. The subject property is over a half of an acre; therefore, the applicant may install a
septic tank on the property in compliance with Florida Administrative Code 64E-6 -Standards
for onsite sewage treatment and disposal systems. At the time a building permit is requested
the applicant will be required to provide documentation that the County’s Health Department
has approved a septic system on the property.
Transportation Impacts
The subject property fronts on Orange Avenue and Bridlewood Way. The impacted roadways
currently operate at an acceptable level-of-service. The trips generated by the proposed
residential development can be estimated by applying the generation rates found in the
Institute of Transportation Engineer’s Trip Generation Manual. Using the ITE Land Use Code
210 “Single-Family Detached Housing” a single home generates an estimated 9.20 trips per
day. Uses permitted in the proposed AR-1 Zoning District are expected to generate fewer
trips than the existing CN (Commercial, Neighborhood) Zoning District.
6. Whether and the extent to which the proposed amendment would result in significant
adverse impacts on the natural environment;
The proposed rezoning is not anticipated to result in adverse environmental impacts.
Environmental impacts for this subject property will be assessed once a specific site design
is submitted. At that time, ERD will conduct further review to ensure compliance with the Land
Development Code through the building permit review process.
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Tindall Holdings III, LLC Rezoning
RZ 1120175217
April 19, 2018
Page 6
7. Whether and the extent to which the proposed amendment would adversely affect the
property values in the area;
There is no evidence that the proposed rezoning will adversely affect the property values in
the area. A change in zoning from CN (Commercial, Neighborhood) to AR-1 (Agricultural, Residential – 1 du/ac) is consistent with the residential uses in the Doiran Subdivision.
8. Whether and the extent to which the proposed amendment would result in an orderly
and logical development pattern specifically identifying any negative effects of such
patterns;
Based upon the land use analysis provided in this memorandum, the proposed request is
consistent with the character of the neighborhood in general and is consistent with the zoning
of the adjoining properties, to the south and east in particular. Therefore, the rezoning will
result in an orderly and logical development pattern that exists on this section of Orange
Avenue and will have no negative impacts on the residential neighborhood.
9. Whether the proposed amendment would be in conflict with the public interest, and is
in harmony with the purpose and intent of this Code;
The proposed amendment is not in conflict with the public interest and is in harmony with the
purpose and intent of this code.
10. Any other matters that may be deemed appropriate by the Planning and Zoning
Commission or the Board of County Commissioners, in review and consideration of
the proposed amendment.
The Planning and Zoning Commission and the Board of County Commissioners may raise
other matters regarding this proposed amendment to the Official Zoning Atlas.
CONCLUSION
Staff has reviewed this petition and determined that it conforms to the Standards of Review as
set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is consistent
with the goals, objectives and policies of the St. Lucie County Comprehensive Plan.
RECOMMENDATION
Staff recommends that the petition be forwarded to the Board of County Commissioners with a
recommendation of approval.
4.A.b
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_______________________________
May 1, 2018 Resolution No. 18-XXX
File No.: RZ 1120175217
Page 1
Resolution No. 18-XXX
File No.: RZ 1120175217
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL
ZONING ATLAS FROM THE CN (COMMERCIAL, NEIGHBORHOOD)
ZONING DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL – 1
DU/AC) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED IN
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. Tindall Holdings III, LLC petitioned for an amendment to the Official Zoning Atlas to
change the zoning from the CN (Commercial, Neighborhood) Zoning District to the AR-1
(Agricultural, Residential – 1 du/ac) Zoning District in St. Lucie County, Florida, for the
property legally described in Paragraph “A” and depicted on the attached map as Exhibit
“A”.
2. On April 19, 2018, the St. Lucie County Planning and Zoning Commission held a public
hearing on the petition, after publishing notice in the St. Lucie News Tribune at least 10
days prior to the hearing and notifying by mail all owners of property within 500 feet of
the subject property, recommended that the Board of County Commissioners
approve/deny the amendment to the Official Zoning Atlas from the CN (Commercial,
Neighborhood) Zoning District to the AR-1 (Agricultural, Residential – 1 du/ac) Zoning
District.
3. On May 1, 2018 this Board held a public hearing on the petition after publishing notice a
least 10 days prior to the hearing and notifying by mail all owners of property within 500
feet of the subject property.
4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of
the St. Lucie County Land Development Code and is consistent with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan.
5. The proposed change in zoning is consistent with the existing and proposed uses in the
surrounding area.
6. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit
“B” was signed by the applicant on October 10, 2017.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. The property on which the Change in Zoning from the CN (Commercial, Neighborhood)
Zoning District to the AR-1 (Agricultural, Residential – 1 du/ac) Zoning District is being
granted/denied is described as follows:
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_______________________________
May 1, 2018 Resolution No. 18-XXX
File No.: RZ 1120175217
Page 2
LEGAL DESCRIPTION:
LOTS 1, 2, 3, 10, 11 AND 12. BLOCK A, DORIAN SUBDIVISION, AS RECORDED IN
PLATBOOK 9 PAGE 22, ST. LUCIE COUNTY, FLORIDA.
TAX PARCEL ID NUMBER: 2310-801-0001-000-4
PARCEL SIZE: +/- 2.44 ACRES
B. The St. Lucie County Planning and Development Services Director shall be authorized to
amend the Official Zoning Map to change the zoning of the property herein described,
from the CN (Commercial, Neighborhood) Zoning District to the AR-1 (Agricultural,
Residential – 1 du/ac) Zoning District and to make notation of the reference to the date
of adoption of this Resolution.
D. A copy of this Resolution shall be mailed to the owner of record as identified on the
application.
E. This Resolution shall be recorded in the Public Records.
After motion and second, the vote on this Resolution was as follows:
Frannie Hutchinson, Chair XXX
Linda Bartz, Vice Chair XXX
Chris Dzadovsky, Commissioner XXX
Anthony Bonna, Commissioner XXX
Cathy Townsend, Commissioner XXX
PASSED AND DULY ADOPTED this ___ day of _______, 2018.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
Chairman
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
______________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
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_______________________________
May 1, 2018 Resolution No. 18-XXX
File No.: RZ 1120175217
Page 3
Exhibit A
Site Location Map
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_______________________________
May 1, 2018 Resolution No. 18-XXX
File No.: RZ 1120175217
Page 4
Exhibit B
Concurrency Deferral Affidavit
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Suggested motion to recommend approval/denial of this requested change in zoning.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
GRANT APPROVAL TO THE APPLICATION OF TINDALL HOLDINGS III, LLC FOR A CHANGE IN
ZONING FROM THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT TO THE AR-1
(AGRICULTURAL, RESIDENTIAL – 1) ZONING DISTRICT, BECAUSE.....
[CITE REASON WHY - PLEASE BE SPECIFIC].
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
DENY THE APPLICATION OF TINDALL HOLDINGS III, LLC FOR A CHANGE IN ZONING FROM THE CN
(COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT TO THE AR-1 (AGRICULTURAL, RESIDENTIAL
– 1) ZONING DISTRICT, BECAUSE.....
[CITE REASON WHY - PLEASE BE SPECIFIC].
4.A.d
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Planning and Development
Services Department
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Linda Pendarvis, Development Review Coordinator
FROM: Bethany Grubbs, Planner
DATE: March 15, 2018
SUBJECT: Rezoning – Tindall Holdings III, LLC
BACKGROUND
This petition is the request of Tindall Holdings III, LLC for a change in zoning from CN (Commercial,
Neighborhood) to AR-1 (Agricultural, Residential – 1 du/acre). The proposed zoning change to AR-1
(Agricultural, Residential – 1 du/ac) will allow for residential uses consistent with the Future Land Use
designation and adjacent properties to the north, south, east and west.
On February 23, 2018, the applicant was provided Public Notice requirements, including the requirements
for posting a sign on the subject property. On March 2, 2018, the petition was properly advertised in the
St. Lucie News Tribune and notice was mailed to the adjacent owners of property within 500 feet of the
petition site. However, by March 5, 2018, the required signage was not posted on the property as required
by Section 11.00.03 of the Land Development Code.
Staff is requesting a continuance of this item to allow the applicant additional time to install the required
sign notice on the property and is requesting that the Planning and Zoning Commission grant a
continuance to the next Board meeting.
RECOMMENDATION
Staff recommends the Board consider granting a continuance to April 19, 2018.
4.A.e
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Q. CN COMMERCIAL, NEIGHBORHOOD.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for limited
retail trade and service activities covering a relatively small area and that is intended to serve the
population living in surrounding neighborhoods. The number in "( )" following each identified use
corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies
to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this
code.
2. Permitted Uses:
a. Beauty and barber services. (723/724)
b. Membership organizations subject to the provisions of Section 7.10.31. (86)
c. Depository institutions. (60)
d. Laundering and dry cleaning (self service). (7215)
e. Real estate. (65)
f. Repair services:
(1) Electrical repair. (762)
(2) Shoe repairs. (725)
(3) Watch, clock, jewelry, and musical instrument repair. (7631)
g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses
inclusive):
(1) Antiques. (5932)
(2) Apparel and accessories. (56)
(3) Books and stationery. (5942/5943)
(4) Cameras and photographic supplies. (5946)
(5) Drugs and proprietary. (5912)
(6) Eating places. (5812)
(7) Florists. (5992)
(8) Food stores. (54)
(9) Gifts, novelties, and souvenirs. (5947)
(10) Hobby, toy and game shops. (5945)
(11) Household appliances. (572)
(12) Jewelry. (5944)
(13) Newspapers and magazines. (5994)
(14) Optical goods. (5995)
(15) Nurseries, lawn and garden supplies. (526)
(16) Radios, TV's, consumer electronics and music supplies. (573)
(17) Sporting goods and bicycles. (5941)
(18) Tobacco products. (5993)
h. Video tape rental. (784)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00.
4.A.j
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4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00.
5. Off-street Parking and Loading Requirements. Off-street parking and loading requirements are
subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00.
7. Conditional Uses:
a. Car washes (self service only) -subject to the provisions of Section 7.10.22. (999)
b. Day care - adult.(8322)
- child. (8351)
c. Postal services. (4311)
d. Retail trade:
(1) Gasoline services - accessory to retail food stores under SIC-5411. (999)
(2) Undistilled alcoholic beverages accessory to retail sale of food. (5921-Except for liquor)
e. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and include
the following:
a. Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999)
b. One dwelling unit contained within the commercial building, for on-site security purposes.
(999)
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E. AR-1 AGRICULTURAL, RESIDENTIAL - 1.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-
family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such
other uses as may be necessary for and compatible with very low density rural residential
surroundings. The number in "( )" following each identified use corresponds to the SIC Code
reference described in Section 3.01.02(B). The number 999 applies to a use not defined under
the SIC Code but may be further defined in Section 2.00.00 of this Code.
2. Permitted Uses:
a. Family day care homes. (999)
b. Family residential homes provided that such homes shall not be located within a radius of
one thousand (1,000) feet of another existing such family residential home and provided that
the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies
the Board of County Commissioners at the time of home occupancy that the home is licensed
by HRS. (999)
c. Single-family detached dwellings. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section
7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in
Section 7.04.00.
5. Off-Street Parking Requirements. Off-street parking requirements shall be in accordance with
Section 7.06.00.
6. Conditional Uses:
a. Crop services. (072)
b. Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home. (999)
c. Industrial wastewater disposal. (999)
d. Kennels - completely enclosed. (0752)
e. Landscaping and horticultural services. (078)
f. Retail:
(1) Fruits and vegetables. (543)
g. Riding stables. (7999)
h. Veterinary services. (074)
i. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include
the following:
a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02)
b. Animals, subject to the requirements of Section 7.10.03. (999)
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Mobile home subject to the requirements of Section 7.10.05. (999)
e. Retail and wholesale trade - subordinate to the primary authorized use or activity.
f. Solar energy systems, subject to the requirements of Section 7.10.28.
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Environmental resources
Final report
TO: Bethany Grubbs, Planning & Development Services Department
THROUGH: Ben Balcer, Environmental Regulations Manager
Amy Griffin, Environmental Resources Director
FROM: Aimee Cooper, Environmental Planner
DATE: November 7, 2017
SUBJECT: Tindall Holdings, LLC III
RZ-1120175217
Background
The Environmental Resources Department (ERD) is in receipt of the November 1, 2017 date-stamped submittal
from Planning and Development Services. The applicant is requesting approval to rezone a 2.6 acre parcel from CN
to AR-1 and split into two (2) 1.25 acre parcels. The project site is located in the Dorian Subdivision, with Orange
Avenue to the north, Brittain Avenue to the south, and Bridlewood Way to the east, in Fort Pierce. It is the
applicant’s intent to construct one (1) single family home on each of the two (2) parcels with road frontage on
Bridlewood Way.
Findings
The proposed rezone and lot split is not anticipated to result in any adverse environmental impacts. This submittal
does not propose any new construction activities, and therefore, no environmental impacts are anticipated at this
time. If site development activities are proposed, ERD will conduct further review through the site plan or building
permit review process.
Recommendation
ERD supports approval of the rezoning.
Please contact Aimee Cooper at 772-462-6440 if you have any questions.
4.A.n
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ITEM NO. (ID # 5146)
DATE: 04/19/2018
AGENDA REQUEST *PUBLIC HEARINGS
BACKGROUND:
The subject properties are located within the Loop Road Mixed Use (MXD) Activity Area, along North
Jenkins Road, adjacent to the Orange Avenue corridor, and in general proximity to the interchange of
Interstate 95 and Orange Avenue (SR 68).
The requested changes in zoning from AR-1 (Agricultural Residential - 1 du/acre) to CG (Commercial
General) for the 16.21 acre portion of petition area, and IL (Industrial, Light) for the remaining 26.84 acre
segment of the petition area, seek to implement this mixed use activity plan, provide greater consistency
with the zoning and development pattern along Loop Road, North Jenkins Road, and Orange Avenue, and
extend capacity to expand the developing employment hub along this segment of the Orange Avenue
corridor.
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Kori Benton, Planning Support Coordinator
SUBMITTED BY: Planning & Development Services
SUBJECT: Rezoning: Miller Property from the AR-1 (Agricultural Residential – 1)
Zoning District to the CG (Commercial General) and IL (Industrial Light)
Zoning Districts
4.B
Packet Pg. 55
Updated: 4/9/2018 10:28 AM by Leslie Olson C Page 2
Existing Zoning:
Proposed Zoning:
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
4.B
Packet Pg. 56
Updated: 4/9/2018 10:28 AM by Leslie Olson C Page 3
Staff recommends that the proposed rezoning be forwarded to the Board of County Commissioners with a
recommendation for approval because the rezoning is consistent with the Standards of Review identified
in Section 11.06.03 of the Land Development Code and is consistent with the goals, objectives and policies
of the Comprehensive Plan.
COMMISSION ACTION:
Coordination/Signatures
4.B
Packet Pg. 57
PLANNING AND ZONING COMMISSION
Planning Division Agenda Item Summary
Hearing Date:
Thursday
April 19, 2018
_______________________________________________ Owner
Joseph G. Miller
5500 Orange Ave
Fort Pierce, FL 34947
Agent
Bradley J. Currie, AICP
Engineering Design & Construction, Inc.
10250 SW Village Parkway
Port St. Lucie, FL 34987
Existing Future Land Use
MXD (Mixed Use Develop-
ment – Loop Road Mixed Use
Activity Area)
Rezoning Request
Proposed rezoning from AR-1
(Agricultural Residential – 1
du/acre) to CG (Commercial
General) and IL (Industrial,
Light).
Staff
Kori Benton
bentonk@stlucieco.org
(772) 462-2518
File Number
RZ 1020175216
Rezoning - Miller Property
From AR-1 to CG & IL
Location: 255, 331, & 401 N Jenkins Road and Property Generally Located be-
tween 411 & 491 North Jenkins Road.
Project Description
This is a petition of Joseph G Miller to re-
zone 43.055 acres of property located at
255, 331, & 401 N Jenkins Road and Prop-
erty Generally Located between 411 & 491
North Jenkins Road from AR-1 (Agricultural
Residential – 1 du/acre) to CG (Commercial
General) and IL (Industrial, Light). The pur-
pose of the petition, as presented by the
applicant, is to allow for a variety of com-
mercial and light industrial uses such as
manufacturing, wholesale, and warehousing
activities on the subject properties, respec-
tively.
Background
The subject properties are located within
the Loop Road Mixed Use (MXD) Activity
Area, along North Jenkins Road, adjacent
to the Orange Avenue corridor, in close
proximity to the interchange of Interstate 95
and Orange Avenue (SR 68).
The changes in zoning from AR-1
(Agricultural Residential – 1 du/acre) to CG
(Commercial General) for the 16.21 acre
portion of petition area, and IL (Industrial,
Light) for the remaining 26.84 acre segment
of the petition area, seek to implement this
mixed use activity plan, provide greater
consistency with the zoning and develop-
ment pattern along Loop Road, North Jen-
kins Road, and Orange Avenue, and extend
capacity to expand the developing employ-
ment hub along this segment of the Orange
Avenue corridor.
Notice Requirements
Public hearing notice in accordance with
Section 11.00.03 of the Land Development
Code was placed in the St. Lucie News
Tribune on April 5, 2018, letters were
mailed to property owners within a 500 foot
radius, and a sign placed on the property.
Staff Recommendation
Staff recommends that the proposed rezon-
ing from AR-1 to CG and IL be forwarded to
the Board of County Commissioners with a
recommendation for approval.
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Planning and Development Services Department
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Planning & Development Services Director
Mayte Santamaria, Planning & Development Services Assistant Director
FROM: Kori Benton, Senior Planner
DATE: April 2, 2018
SUBJECT: Rezoning: Miller Property – From AR-1 (Agricultural Residential – 1 du/acre) to CG
(Commercial General) and IL (Industrial, Light)
OWNER/ APPLICANT: Joseph G Miller (TR)
5500 Orange Ave
Fort Pierce, FL 3494
AGENT: Bradley J. Currie, AICP
Engineering Design & Construction, Inc.
10250 SW Village Parkway, Suite 201
Port St. Lucie, FL 34987
REQUESTED
ACTION:
Change in zoning from AR-1 (Agricultural Residential – 1 du/acre) to CG
(Commercial General) and IL (Industrial, Light)
PURPOSE: The proposed zoning change is to allow for a variety of commercial and light
industrial uses such as manufacturing, wholesale, and warehousing activities
on the subject properties, respectively.
LOCATION: 255, 331, & 401 N Jenkins Road and Property Generally Located between 411
& 491 North Jenkins Road.
TAX ID NO.(S): 2312-112-0000-000-8, 2312-111-0001-000-2, 2312-114-0000-000-4, 2312-
114-0001-000-1, 2312-114-0030-000-3, & 2312-141-0001-000-5
PARCEL SIZE(S): 43.055 acres
EXISTING USE(S): Vacant & Single-family homes.
FUTURE LAND USE: MXD (Mixed Use Development – Loop Road Mixed Use Activity Area
CURRENT ZONING: AR-1 (Agricultural Residential – 1 du/acre)
PROPOSED ZONING: CG (Commercial General) and IL (Industrial, Light)
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Planning & Zoning Commission Petition: Miller, RZ 1020175216
April 19, 2018
Page 2 of 8
SURROUNDING PROPERTY:
SERVICE INFORMATION:
The subject properties are located in the Fort Pierce Utilities Authority (FPUA) service area with existing
water and force mains located on Orange Avenue and North Jenkins Road, roughly 200 feet to the
south of the subject site.
Florida Power and Light (FP&L) is the electric provider for the subject sites.
Background Analysis
Future Land Use:
The Future Land Use designation is MXD (Mixed Use Development – Loop Road Mixed Use Activity
Area), which is intended to allow for a variety of uses based upon Sub-Areas which provide for both
Medium and Low intensity uses within this uniquely situated area, as follows:
1. The MXD Low Intensity district will include 50% commercial at the north-east corner with a
combination of 25% Office and 25% Institutional on the remainder of the MXD Low Intensity district,
which shall have a minimum 50 feet wide vegetated buffer zone along the north property line south
of the canal to properly buffer the adjacent residences from future development; and
2. The MXD Medium Intensity district will be Light Industrial/Warehouse land uses, including flex
space buildings.
Location
Future Land Use
Zoning
Existing Land Use
Subject Property
MXD (Mixed Use
Development – Loop
Road Mixed Use Activity
Area)
AR-1 (Agricultural
Residential – 1 du/acre)
Single-family
Homes &
Undeveloped
Adjacent
Parcels
North
RU (Residential, Urban)
AR-1 (Agricultural
Residential – 1 du/acre)
Drainage Canal,
Single-family
Homes, &
Undeveloped
South
MXD (Mixed Use
Development – Loop
Road Mixed Use Activity
Area)
IL (Industrial, Light)
Light Industrial
Facilities &
Undeveloped Land
East
RU (Residential, Urban) RS-2 (Residential, Single-
family – 2)
Single-family
Homes &
Undeveloped
West MXD (Mixed Use
Development – Loop
Road Mixed Use Activity
Area)
AG-1 (Agricultural – 1
du/acre) & IL (Industrial,
Light)
Undeveloped
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Planning & Zoning Commission Petition: Miller, RZ 1020175216
April 19, 2018
Page 3 of 8
The proposed change in zoning to CG (Commercial General) is proposed for the 16.21 acre portion of
property situated at the north-east corner of the Low Intensity district, whereas the proposed change in
zoning to IL (Industrial, Light) is reserved for the remaining 26.84 acre segment of property situated
within the Medium Intensity district. The requests are designed in a manner compatible with the Future
Land Use Designation of MXD as per Comprehensive Plan Table 1-3, Land Use Designation / Zoning
Compatibility Chart and the Loop Road Mixed Use Activity Area.
The Loop Road MXD Activity Area Map adopted within the Comprehensive Plan in 2007, via Ordinance
07-025, is presented within Exhibit 1 below for reference. The area affected by the subject petition is
highlighted, displaying the corresponding areas within the Low and Medium Intensity sections of this
Mixed Use Activity Area.
Exhibit 1: Loop Road Mixed Use Activity Area Map with Petition Areas Overlaid
Current Zoning:
The current zoning of the subject properties is AR-1 (Agricultural Residential – 1 du/acre). The purpose
of the AR-1 zoning district “is to provide and protect an environment suitable for single-family dwellings
at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be
necessary for and compatible with very low density rural residential surroundings”.
16.21 +/- acres
26.84 +/- acres
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Planning & Zoning Commission Petition: Miller, RZ 1020175216
April 19, 2018
Page 4 of 8
Proposed Zoning:
The proposed zoning districts are CG (Commercial, General) for the north 16.21 acres of the petition
area along North Jenkins Road and IL (Industrial, Light) for the remaining 26.84 acres of the petition
area, abutting Loop Road
The purpose of the Commercial, General zoning district “is to provide and protect an environment
suitable for a wide variety of commercial uses intended to serve a population over a large market area,
which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding
area, together with such other uses as may be necessary to and compatible with general commercial
surroundings.”
The Industrial, Light zoning district is intended “to provide and protect an environment suitable for light
manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration,
odor, dust, or other offensive effects on the surrounding area, together with such other uses as may be
necessary to and compatible with light industrial surroundings”.
The requested areas for transition of the north 16.21 acres of the petition area to CG (Commercial,
General) for property along North Jenkins Road and IL (Industrial, Light) for the remaining 26.84 acres
of property abutting Loop Road is displayed in Exhibit 2 below.
Exhibit 2: Proposed Zoning Designations – CG & IL
16.21 +/- acres
26.84 +/- acres
RS-2
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Planning & Zoning Commission Petition: Miller, RZ 1020175216
April 19, 2018
Page 5 of 8
The underlying MXD (Mixed Use Development – Loop Road Mixed Use Activity Area) Future Land Use
Designation and incorporated Sub-Areas provide for both Medium and Low intensity, therefore the
proposed zoning districts of Commercial, General, and Industrial, Light, in their respective distributions,
offer compatibility with existing and anticipated future development of this area. The presented district
boundaries would provide a transition in use activities from Orange Avenue north to the canal south of
Floyd Johnson Road. Replacing the Agricultural Residential – 1 du/acre district, with compatible
commercial and industrial, light, districts will allow for a variety of commercial and light industrial uses
consistent with this segment of the Orange Avenue corridor and business hubs adjacent to the
Interstate 95 interchange.
The adopted zoning district provisions for the CG and IL zoning districts are attached for further
depiction of the intent and uses accommodated within each respective designation.
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for a change in zoning, the Board of County Commissioners shall consider
and make the following determinations:
1. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie
County Land Development Code;
The proposed rezoning from AR-1 (Agricultural Residential – 1 du/acre) to CG (Commercial General)
and IL (Industrial, Light) is consistent with the County’s Land Development Code. The collective 43.055
acre properties, upon completion of required parcel combination, will meet the minimum required lot
sizes of 20,000 square feet, the minimum lot width of 100 feet and the minimum road frontage of 60
feet, for the CG and IL districts. The proposed CG and IL zoning designations are consistent with the
Loop Road Mixed Use Activity Area, and developing character of the adjacent lands.
2. Whether the proposed amendment is consistent with all elements of the St. Lucie County
Comprehensive Plan;
The proposed rezoning from AR-1 (Agricultural Residential – 1 du/acre) to CG (Commercial General)
and IL (Industrial, Light) is consistent with County’s Comprehensive Plan policies. The proposed change
in zoning to CG and IL is compatible with the proposed Future Land Use Designation of MXD as per
Comprehensive Plan Table 1-3, Land Use Designation / Zoning Compatibility Chart and the Loop Road
Mixed Use Activity Area adopted into the Comprehensive Plan and articulated in Policy 1.1.7.4.
The Loop Road Mixed Use Activity Area was integrated into the Comprehensive Plan, during the 2007-
2 Amendment Cycle via Ordinance 07-025, after review and analysis of an applicant initiated (Sanford
Gibson, Joseph Miller, and Jim Turner) request to provide for compatible enterprise opportunities
contiguous to the Orange Avenue / I-95 Mixed Use Activity Area while utilizing the improved Loop Road
infrastructure. This plan amendment strategically directed medium intensity mixed land uses adjacent
to existing industrial land uses established along Orange Avenue, and established a low intensity land
use as a transition between these light industrial activities and the canal, and residential land uses
further, to the north. The amendment further provided a policy which integrates an increased buffer
areas within the development design for assimilation of the low intensity district with the uses to the
north. Previous rezoning actions, at the request of property owners, have been ratified within the Loop
Road Mixed Use Activity Area as the area plan is gradually implemented.
The present change in zoning embodies the policies demonstrated within this Mixed Use activity area,
by implementing zoning which provides opportunity of infill and mixed-use development in the Urban
Service Area consistent with Objective 1.1.5 of the Future Land Use Element:
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Planning & Zoning Commission Petition: Miller, RZ 1020175216
April 19, 2018
Page 6 of 8
In coordination with the other elements of this plan, future development within the Urban Service
Area shall be directed to areas where urban and community services/facilities can be provided in
the most efficient and compact manner so as to discourage the proliferation of urban sprawl.
The applicant for this rezoning has proposed marketability of the sites for a variety of commercial and
light industrial uses such as light manufacturing, wholesale, and warehousing activities, along with
support commercial and business related activities. The proposed uses fulfill review standards for
conversion of land to Commercial and Light Industrial, through consistency with the following
Comprehensive Plan policies:
Policy 1.1.7.3 - Continue to support the mixed use activity areas as indicated in the following Sub-
area Mixed Use Activity Area Plans as depicted by name in this Element.
Policy 1.1.8.5 - The County's Land Development Code shall be amended within one year of adoption
of this Comprehensive Plan to include, the following specific standards in determining the suitability
of new property(s) for designation as Commercial General (CG) under the County's Land
Development Code:
a) New Commercial General (CG) property should have available to it at the time of any
zoning change central water services, or have an executed service agreement for the
provision of central water services necessary for both domestic and fire protection purposes.
b) New Commercial General (CG) property should not be located within 300 feet of any
Aquatic Preserve or other specially designated aquatic habitat or a Category I Wetland as
described in the Conservation Element of this Plan.
c) New Commercial General (CG) areas should have immediate access to the regional
transportation network.
d) New Commercial General (CG) property should have a minimum lot size of one acre,
unless the property is being added to another existing commercially (general) zoned
property.
Policy 1.1.11.3 - In addition to any other general standard for change in zoning as may be described
in the County's Land Development Code, the following specific standards shall be incorporated into
the Land Development Code for determining the suitability of new property(s) for designation as
Light Industrial under the County's Land Development Code:
1. Light Industrial property should have available to it central water services necessary for
both domestic and fire protection purposes.
2. New Light Industrial property should not be located within 500 feet of any Aquatic Preserve
or other specially designated aquatic habitat or a Category I Wetlands as described the
Conservation Element of this Plan.
3. New Light Industrial areas should have immediate access to the regional transportation
network.
4. New Light Industrial property should have a minimum lot size of one acre.
5. Light Industrial development shall not contribute to the degradation of surficial water
quality.
Furthermore, these proposed changes in zoning will facilitate future development of the subject sites
with commercial and industrial uses in advancing the Economic Development Element of the
Comprehensive Plan, specifically the following policies:
Policy 10.1.1.2 - Encourage redevelopment projects and business expansions that will promote
economic development opportunities.
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Planning & Zoning Commission Petition: Miller, RZ 1020175216
April 19, 2018
Page 7 of 8
Policy 10.1.1.4 - Place a high priority on infill projects that are consistent with the smart growth
policies of St. Lucie County.
3. Whether and the extent to which the proposed zoning is inconsistent with the existing and
proposed land uses;
The proposed changes in zoning are consistent with the desired use on the property, which as stated
in the application, is to allow for a variety of commercial and light industrial uses. The existing homes
on the collective properties may be considered for incorporation into future development plans as
security quarters or adaptive reuse as business offices. The request is consistent with surrounding
commercial and industrial uses to the south along Loop Road, Jenkins Road, and Orange Avenue.
4. Whether there have been changed conditions that require an amendment;
This area has been identified as suitable for Light Industrial and Commercial uses since the MXD Future
Land Use designation was applied in 2007, consistent with an industrial and commercial development
trend applied over the past few decades on the Orange Avenue corridor.
As development activity expands and businesses on and around the interchange of Interstate 95 and
Orange Avenue (SR 68) increase, transition from existing agricultural district to zoning designations
that permit greater intensity of development, which benefit from access to transportation and utility
infrastructure, will continue. The applicant suggests greater demand for the proposed uses in St. Lucie
County, and limited land area with as much access to needed public facilities.
This trend is consistent with Future Land Use designations in the area and the County’s policy
documents that encourage development within the Urban Service Boundary. The proposed atlas
amendments further the implementation of these policies.
5. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether or to the extent to which the proposed amendment would exceed
the capacity of such public facilities, including but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency
medical facilities;
The proposed rezoning represents an increase in demands on public facilities, however the increased
demand is consistent with commercial and industrial development envisioned in the planning area and
within the Urban Service Boundary. The Jenkins Road Area Plan, Special District, further provides
strategies to create a more viable road system and supporting multi-modal facilities within this area.
The Fort Pierce Utilities Authority (FPUA) continues to plan for expanded demand and services to this
evolving employment hub.
6. Whether and the extent to which the proposed amendment would result in significant
adverse impacts on the natural environment;
The amendments are not expected to result in adverse impacts on the natural environment. Lucie
County Environmental Resource Department has reviewed the petition and provided a certification
report on the proposal with regards to environmental impacts of the proposed rezoning. The subject
sites are predominantly cleared, with minor clusters of native oak and palm trees, along with sections
of invasive Australian pines to be removed upon development. No natural wetland areas were identified
on the site(s).
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Planning & Zoning Commission Petition: Miller, RZ 1020175216
April 19, 2018
Page 8 of 8
7. Whether and the extent to which the proposed amendment would adversely affect the property
values in the area;
The proposed amendment is not anticipated to adversely affect the property values in the area. The
changes in zoning from AR-1 (Agricultural Residential – 1 du/acre) to CG (Commercial General) and IL
(Industrial, Light) brings greater consistency to the zoning and development pattern along Loop Road,
North Jenkins Road, and Orange Avenue, which may forecast increased property values in the future
due to the increased commercial and business activities expected.
8. Whether and the extent to which the proposed amendment would result in an orderly and
logical development pattern specifically identifying any negative effects of such patterns;
The proposed rezoning from AR-1 (Agricultural Residential – 1 du/acre) to CG (Commercial General)
and IL (Industrial, Light) will continue with the logical and orderly development pattern of commercial
and industrial uses that exist along Loop Road, North Jenkins Road, and Orange Avenue, and that are
desired in this MXD Loop Road Mixed Use Activity Area.
9. Whether the proposed amendment would be in conflict with the public interest, and is in
harmony with the purpose and intent of this code;
The proposed amendment is not in conflict with the public interest and is in harmony with the purpose
and intent of this code.
10. Any other matters that may be deemed appropriate by the Planning and Zoning Commission
or the Board of County Commissioners, in review and consideration of the proposed
amendment.
The Planning and Zoning Commission and the Board of County Commissioners may raise other matters
regarding this proposed amendment to the Official Zoning Atlas.
Analysis Summary:
Based upon staff analysis contained in this memorandum, the proposed rezoning to CG (Commercial
General) and IL (Industrial, Light) for this parcel is consistent with the St. Lucie County Comprehensive
Plan and the Land Development Code. The subject properties are located along North Jenkins Road,
adjacent to the Orange Avenue corridor, in close proximity to the interchange of Interstate 95 and
Orange Avenue (SR 68), whereas the proposed zoning designation is harmonious with surrounding
uses, zoning patterns, and the Comprehensive Plan.
Staff Recommendation:
Staff recommends that the Planning and Zoning Commission of St. Lucie County forward a
recommendation for approval for proposed changes in zoning to the Board of County Commissioners
because the rezoning is consistent with the Standards of Review identified in Section 11.06.03 of the
Land Development Code and is consistent with the goals, objectives and policies of the Comprehensive
Plan.
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_______________________________
June 5, 2018 Resolution No. 18-XXX
File No.: RZ 1020175216
Page 1
Resolution No. 18-XXX
File No.: RZ 1020175216
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY FOR AN AMENDMENT TO THE OFFICIAL
ZONING ATLAS FROM THE AR-1 (AGRICULTURAL RESIDENTIAL – 1
DU/ACRE) ZONING DISTRICT TO CG (COMMERCIAL, GENERAL)
AND THE IL (INDUSTRIAL, LIGHT) ZONING DISTRICTS FOR CERTAIN
PROPERTY LOCATED IN 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. Joseph G. Miller petitioned for an amendment to the Official Zoning Atlas to change the
zoning of 16.21, more or less, acres of property from the AR-1 (Agricultural Residential –
1 du/acre) Zoning District to the CG (Commercial General) Zoning District and the
zoning of 26.84, more or less, acres of property from the AR-1 (Agricultural Residential –
1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District in St. Lucie County,
Florida, for the property legally described in Paragraph “B”, and further depicted on the
attached maps as Exhibit “A”.
2. On April 19, 2018 the St. Lucie County Planning and Zoning Commission held a public
hearing on the petition, of which due notice was published in the St. Lucie News Tribune
and notice was sent to property owners within 500 feet of the subject property, and
recommended that the Board of County Commissioners approve the change in zoning to
CG (Commercial, General) and IL (Industrial, Light).
3. St. Lucie County Planning and Development Services staff has performed the required
land use analysis for this application.
4. On June 5, 2018 this Board held a public hearing on the petition after publishing a notice
of such hearing in the St. Lucie News Tribune and notice was sent to property owners
within 500 feet of the subject property.
5. The proposed change in zoning is not in conflict with the goals, objectives, and policies
of the St. Lucie County Comprehensive Plan and has satisfied the requirements of
Section 11.06.03 of the St. Lucie County Land Development Code.
6. The proposed change in zoning is consistent with the existing and proposed uses in the
surrounding area.
7. A Concurrency Deferral Affidavit, a copy which is attached to this Resolution as Exhibit
“B” was signed by the applicant on October 18, 2017
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
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_______________________________
June 5, 2018 Resolution No. 18-XXX
File No.: RZ 1020175216
Page 2
A. The recitals set forth above are true and correct and expressly incorporated here within.
B. The property on which the Change in Zoning from the AR-1 (Agricultural Residential – 1
du/acre) Zoning District to the CG (Commercial General) Zoning District is being
granted/denied is described as follows:
BEING A PORTION OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35
SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE NORTHEAST 1/4 CORNER OF SAID SECTION 12; THENCE SOUTH
89°45'46” WEST, ALONG THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF
163.27 FEET; THENCE SOUTH 00°06'24” WEST, DEPARTING SAID NORTH LINE, A
DISTANCE OF 64.50 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF
JENKINS ROAD AS SHOWN ON THE ST. LUCIE RIGHT-OF-WAY MAP, DRAWING
NO. 324, SHEET 3 OF 5, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°06'24” WEST, ALONG
SAID WEST LINE, A DISTANCE OF 607.24 FEET TO THE SOUTH LINE OF THE
NORTH 1/4 OF THE NE 1/4 OF SAID SECTION 12; THENCE SOUTH 89°44'22”
WEST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE
OF 1,162.81 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4
OF SAID SECTION 12; THENCE NORTH 00°04'21” EAST, DEPARTING SAID SOUTH
LINE AND ALONG SAID WEST LINE, A DISTANCE OF 607.53 FEET
TO THE SOUTH RIGHT-OF-WAY LINE OF THE NORTH ST. LUCIE RIVER WATER
CONTROL DISTRICT CANAL NO. 31; THENCE NORTH 89°45'46” EAST, DEPARTING
SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 1,163.17 FEET
TO THE POINT OF BEGINNING.
CONTAINING 706,264 SQUARE FEET OR 16.2136 ACRES, MORE OR LESS.
The property on which the Change in Zoning from the AR-1 (Agricultural Residential – 1
du/acre) Zoning District to the IL (Industrial, Light) Zoning District is being granted/denied
is described as follows:
BEING A PORTION OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35
SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA: BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE NORTHEAST 1/4 CORNER OF SAID SECTION 12: THENCE SOUTH
89°45'46” WEST, ALONG THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF
163.27 FEET; THENCE SOUTH 00°06'24” WEST, DEPARTING SAID NORTH LINE, A
DISTANCE OF 671.56 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
SOUTH 00°06'24” WEST, ALONG THE WEST RIGHT-OF-WAY LINE OF JENKINS
ROAD AS SHOWN ON THE ST. LUCIE RIGHT-OF-WAY MAP, DRAWING NO. 324,
SHEET 3 OF 5, A DISTANCE OF 183.10 FEET; THENCE SOUTH 08°47'51” EAST, A
DISTANCE OF 607.30 FEET: THENCE SOUTH 00°06'24” WEST, A DISTANCE OF
199.04 FEET TO THE NORTH RIGHT-OF-WAY LINE OF LOOP ROAD AS
RECORDED IN OFFICIAL RECORDS BOOK 1361, PAGE 200, PUBLIC RECORDS OF
ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 85°11'17” WEST, DEPARTING
SAID WEST LINE AND ALONG SAID NORTH LINE, A DISTANCE OF 594.37 FEET:
THENCE SOUTH 89°43'15” WEST, A DISTANCE OF 288.90 FEET TO A POINT OF
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_______________________________
June 5, 2018 Resolution No. 18-XXX
File No.: RZ 1020175216
Page 3
CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF
377.30 FEET: THENCE ALONG THE ARC OF SAID CURVE TO THE SOUTHWEST,
THROUGH A CENTRAL ANGLE OF 89°36'01” AND A DISTANCE OF 590.03 FEET TO
THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12;
THENCE NORTH 00°04'21” EAST, DEPARTING SAID NORTH LIE AND ALONG SAID
WEST LINE, A DISTANCE OF 1,305.20 FEET TO THE SOUTH LINE OF THE NORTH
¼ OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE NORTH 89°44'22”
EAST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE
OF 1,162.81 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,169,234 SQUARE FEET OR 26.8419 ACRES, MORE OR LESS.
TAX PARCEL ID NUMBERS: 2312-112-0000-000-8, 2312-111-0001-000-2, 2312-114-
0000-000-4, 2312-114-0001-000-1, 2312-114-0030-000-3, & 2312-141-0001-000-5
PARCEL SIZE(S): +/- 43.055 ACRES
C. The St. Lucie County Planning and Development Services Director shall be authorized to
amend the Official Zoning Map to change the zoning of the property herein described,
from the AR-1 (Agricultural Residential – 1 du/acre) Zoning District to the CG
(Commercial General) and IL (Industrial, Light) Zoning Districts as delineated in
Paragraph B and further depicted in Exhibit “A”, and to make notation of the reference to
the date of adoption of this resolution.
D. A copy of this Resolution shall be mailed to the owner of record as identified on the
application.
E. This Resolution shall be recorded in the Public Records.
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_______________________________
June 5, 2018 Resolution No. 18-XXX
File No.: RZ 1020175216
Page 4
After motion and second, the vote on this Resolution was as follows:
Frannie Hutchinson, Chair XXX
Linda Bartz, Vice Chair XXX
Chris Dzadovsky, Commissioner XXX
Anthony Bonna, Commissioner XXX
Cathy Townsend, Commissioner XXX
PASSED AND DULY ADOPTED this 3rd day of April, 2018.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
Chair
ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
______________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
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_______________________________
June 5, 2018 Resolution No. 18-XXX
File No.: RZ 1020175216
Page 5
Exhibit A
Site Location Map
Rezoning Map
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_______________________________
June 5, 2018 Resolution No. 18-XXX
File No.: RZ 1020175216
Page 6
Exhibit B
Concurrency Deferral Affidavit
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Suggested motion to recommend approval/denial of this request:
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE
PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND
THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE
THE PETITION OF JOSEPH G. MILLER FOR A CHANGE IN ZONING FROM AR-1
(AGRICULTURAL RESIDENTIAL – 1 DU/ACRE) TO CG (COMMERCIAL GENERAL)
AND IL (INDUSTRIAL, LIGHT) BECAUSE….
[CITE REASON(S) WHY – PLEASE BE SPECIFIC]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC
HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE
PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND
THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY
APPROVAL OF THE PETITION OF JOSEPH G. MILLER FOR A CHANGE IN ZONING
FROM AR-1 (AGRICULTURAL RESIDENTIAL – 1 DU/ACRE) TO CG (COMMERCIAL
GENERAL) AND IL (INDUSTRIAL, LIGHT) BECAUSE….
[CITE REASON(S) WHY – PLEASE BE SPECIFIC]
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Supplement 3
Page 1 of 2
Revised: May 27, 2010
Rezoning/Amendment to the Official Zoning Atlas Application Supplement
Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details
Current Zoning: Current Future Land Use:
Proposed Zoning: Acreage of the area to be rezoned:
1. If you are requesting an amendment to the Official Zoning Atlas of St. Lucie County,
state whether the proposed amendment is in conflict with any portions of the LDC.
2. Please give a statement describing any changed conditions that would justify a
rezoning:
3. Please state why there is a need for the proposed rezoning:
4. Please state whether and how the proposed rezoning is consistent with the St. Lucie
County Comprehensive Plan:
5. Please give a statement outlining the extent to which the proposed amendment:
A) Is compatible with existing land uses;
AR-1 MXD
43.055IL and CG
The proposed rezone request is not in conflict with any portion of the LDC. There are adjacent properties to
the south and southwest have a zoning designation of IL at this time and which shows consistency with the
adjacent parcels. Additionally, the northern 600 ft of the parcels adjacent to Floyd Johnson Road are being
proposed as CG to ensure compliance with the Future Land Use Element of the Comprehensive Plan.
The applicant is requesting to rezone the subject parcels to Industrial Light and Commercial General. Table
1-3 of the St. Lucie County Comprehensive Plan identifies the Future Land Use designations that are
compatible with all Future Land Use designations. The Future Land Use Designation of the subject parcel is
MXD. This FLU allows for an underlying zoning category of IL and CG. There is a greater demand for the
proposed use in St. Lucie County than the existing AR-1 land use designation.
The subject parcels are currently zoned AR-1. Due to the proximity of I-95 along with the already zoned parcels to the south and
southwest which currently hold a land use of IL, this area is best suited with a zoning designation of IL. The adjacent parcels to the
north of the subject parcel have a zoning designation of AR-1, but a canal and road right-of-way buffer the subject properties by 35'.
The northern 600 ft of the properties adjacent to Floyd Johnson Road are proposed as CG. The adjacent parcels to the east have a
zoning designation of RS-2 but there is a 65' road ROW along the northern portion of the property line and a 35' road ROW along the
southern portion of the property line allowing for adequate buffering from adjacent properties.
As stated earlier, the Industrial Light and Commercial General zoning districts are allowed in the MXD Future Land Use
Designation per table 1-3 of the Future Land Use Element of the St. Lucie County Comprehensive Plan. There is
nothing in the Comprehensive Plan that would prohibit the proposed rezone of these parcels as the northern 600' of the
properties adjacent to Floyd Johnson Road are proposed as Commercial General per the Loop Road Mixed Use Activity
Area.
The Industrial Light and Commercial General zoning district is allowed in the MXD Future Land Use
Designation.
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3.01.03. - Zoning Districts.
E. AR-1 AGRICULTURAL, RESIDENTIAL - 1.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for
single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together
with such other uses as may be necessary for and compatible with very low density rural
residential surroundings. The number in "( )" following each identified use corresponds to the
SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not
defined under the SIC Code but may be further defined in Section 2.00.00 of this Code.
2. Permitted Uses:
a. Family day care homes. (999)
b. Family residential homes provided that such homes shall not be located within a radius of
one thousand (1,000) feet of another existing such family residential home and provided
that the sponsoring agency or Department of Health and Rehabilitative Services (HRS)
notifies the Board of County Commissioners at the time of home occupancy that the home
is licensed by HRS. (999)
c. Single-family detached dwellings. (999)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section
7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in
Section 7.04.00.
5. Off-Street Parking Requirements. Off-street parking requirements shall be in accordance with
Section 7.06.00.
6. Conditional Uses:
a. Crop services. (072)
b. Family residential homes located within a radius of one thousand (1,000) feet of another
such family residential home. (999)
c. Industrial wastewater disposal. (999)
d. Kennels - completely enclosed. (0752)
e. Landscaping and horticultural services. (078)
f. Retail:
(1) Fruits and vegetables. (543)
g. Riding stables. (7999)
h. Veterinary services. (074)
i. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and
include the following:
a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02)
b. Animals, subject to the requirements of Section 7.10.03. (999)
c. Guest house subject to the requirements of Section 7.10.04. (999)
d. Mobile home subject to the requirements of Section 7.10.05. (999)
e. Retail and wholesale trade - subordinate to the primary authorized use or activity.
4.B.g
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f. Solar energy systems, subject to the requirements of Section 7.10.28.
S. CG COMMERCIAL, GENERAL.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for a
wide variety of commercial uses intended to serve a population over a large market area,
which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the
surrounding area, together with such other uses as may be necessary to and compatible with
general commercial surroundings. The number in "( )" following each identified use
corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999
applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00
of this Code.
2. Permitted Uses:
a. Adjustment/collection and credit reporting services. (732)
b. Advertising. (731)
c. Amphitheaters. (999)
d. Amusements and recreation services - except stadiums, arenas, race tracks, amusement
parks. (79)
e. Apparel and accessory stores. (56)
f. Automobile dealers. (55)
g. Automotive rental, repairs and serv. (except body repairs). (751, 753, 754)
h. Beauty and barber services. (723/724)
i. Building materials, hardware and garden supply. (52)
j. Cleaning services. (7349)
k. Commercial printing. (999)
l. Communications - except towers. (48)
m. Computer programming, data processing and other computer serv. (737)
n. Contract construction serv. (office and interior storage only). (15/16/17)
o. Cultural activities and nature exhibitions. (999)
p. Duplicating, mailing, commercial art/photo. and stenog. serv. (733)
q. Eating places. (581)
r. Educational services - except public schools. (82)
s. Engineering, accounting, research, management and related services. (87)
t. Equipment rental and leasing services. (735)
u. Executive, legislative, and judicial functions. (91/92/93/94/95/96/97)
v. Farm labor and management services. (076)
w. Financial, insurance, and real estate. (60/61/62/63/64/65/67)
x. Food stores. (54)
y. Funeral and crematory services. (726)
z. Gasoline service stations. (5541)
aa. General merchandise stores. (53)
4.B.g
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bb. Health services. (80)
cc. Home furniture and furnishings. (57)
dd. Landscape and horticultural services. (078)
ee. Laundry, cleaning and garment services. (721)
ff. Membership organizations subject to the provisions of Section 7.10.31. (86)
gg. Miscellaneous retail (see SIC Code Major Group 59):
(1) Drug stores. (591)
(2) Used merchandise stores. (593)
(3) Sporting goods. (5941)
(4) Book and stationary. (5942/5943)
(5) Jewelry. (5944)
(6) Hobby, toy and games. (5945)
(7) Camera and photographic supplies. (5946)
(8) Gifts, novelty and souvenir. (5947)
(9) Luggage and leather goods. (5948)
(10) Fabric and mill products. (5949)
(11) Catalog, mail order and direct selling. (5961/5963)
(12) Liquefied petroleum gas (propane). (5984)
(13) Florists. (5992)
(14) Tobacco. (5993)
(15) News dealers/newsstands. (5994)
(16) Optical goods. (5995)
(17) Misc. retail (See SIC Code for specific uses). (5999)
hh. Miscellaneous personal services (see SIC Code Major Group 72):
(1) Tax return services. (7291)
(2) Misc. retail (See SIC Code for specific uses). (7299)
ii. Miscellaneous business services (see SIC Code Major Group 73):
(1) Detective, guard and armored car services. (7381)
(2) Security system services. (7382)
(3) News syndicate. (7383)
(4) Photofinishing laboratories. (7384)
(5) Business services - misc. (7389)
jj. Mobile home dealers. (527)
kk. Mobile food vendors (eating places, fruits and vegetables-retail). (999)
ll. Motion pictures. (78)
mm. Motor vehicle parking-commercial parking and vehicle storage. (752)
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nn. Museums, galleries and gardens. (84)
oo. Personnel supply services. (736)
pp. Photo finishing services. (7384)
qq. Photographic services. (722)
rr. Postal services. (43)
ss. Recreation facilities. (999)
tt. Repair services. (76)
uu. Retail trade-indoor display and sales only, except as provided in Section 7.00.00. (999)
vv. Social Services:
(1) Individual and family social services. (832/839)
(2) Child care services. (835)
(3) Job training and vocational rehabilitation services. (833)
ww. Travel agencies. (4724)
xx. Veterinary services. (074)
yy. Low-THC and medical marijuana dispensing facility subject to the requirements of
Section 7.10.33.
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section
7.04.00.
5. Off-Street Parking and Loading Requirements. Off-street parking and loading requirements
are subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00.
7. Conditional Uses:
a. Adult establishments subject to requirements of Section 7.10.10. (999)
b. Drinking places (alcoholic beverages) - free-standing. (5813)
c. Disinfecting and pest control services. (7342)
d. Amusement parks. (7996)
e. Go-cart tracks. (7999)
f. Hotels and motels. (701)
g. Household goods warehousing and storage-mini-warehouses. (999)
h. Marina - recreational boats only. (4493)
i. Motor vehicle repair services - body repair. (753)
j. Sporting and recreational camps. (7032)
k. Retail trade:
(1) Liquor stores. (592)
l. Stadiums, arenas, and race tracks. (794)
m. Telecommunication towers - subject to the standards of Section 7.10.23. (999)
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8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and
include the following:
a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic,
social, and fraternal organizations).
b. One (1) single-family dwelling unit contained within the commercial building, or a
detached single-family dwelling or mobile home, (for on-site security purposes).
c. Retail trade:
(1) Undistilled alcoholic beverages (accessory to retail sale of food).
d. Solar energy systems, subject to the requirements of Section 7.10.28.
T. IL INDUSTRIAL, LIGHT.
1. Purpose. The purpose of this district is to provide and protect an environment suitable for light
manufacturing, wholesale, and warehousing activities that do not impose undesirable noise,
vibration, odor, dust, or other offensive effects on the surrounding are, together with such other
uses as may be necessary to and compatible with light industrial surroundings. The number in
"( )" following each identified use corresponds to the SIC Code reference described in Section
3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be
further defined in Section 2.00.00 of this Code.
2. Permitted Uses:
a. Business services. (73)
b. Communications - including telecommunication towers - subject to the standards of
Section 7.10.23. (48)
c. Construction services:
(1) Building construction - general contractors. (15)
(2) Other construction - general contractors. (16)
(3) Construction - special trade contractors. (17)
d. Engineering, architectural and surveying services. (871)
e. Commercial fishing. (091)
f. Laundry, cleaning and garment services. (721)
g. Local and suburban transit. (41)
h. Manufacturing:
(1) Food and kindred products. (20)
(2) Tobacco products. (21)
(3) Textile mill products. (22)
(4) Apparel and other finished products. (23)
(5) Furniture and fixtures. (25)
(6) Printing, publishing and allied industries. (27)
(7) Drugs. (283)
(8) Leather and leather products. (31)
(9) Glass:
(a) Flat glass. (321)
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(b) Glass and glassware - pressed or blown. (322)
(c) Glass products - made of purchased glass. (323)
(10) Fabricated metal prod. - except machinery and transport. equip.:
(a) Metal cans and shipping containers. (341)
(b) Cutlery, handtools and general hardware. (342)
(c) Heating equipment, except electric and warm air, and plumbing fixtures. (343)
(d) Fabricated structural metal products. (344)
(e) Coating, engraving and allied services. (347)
(f) Miscellaneous fabricated metal products:
(1) Wire products. (3495)
(2) Misc. fabricated wire products. (3496)
(3) Metal foil and leaf. (3497)
(4) Fabricated metal products - NEC. (3499)
(11) Industrial/commercial machinery and computer equipment:
(a) Metalworking machinery and equipment. (354)
(b) Special industry machinery, except metalworking machinery. (355)
(c) General industrial machinery and equipment. (356)
(d) Computers and office equipment. (357)
(12) Electronic and other electrical equipment and components, except computer
equipment:
(a) Household appliances. (363)
(b) Electric lighting and wiring equipment. (364)
(c) Household audio and video equipment. (365)
(d) Communications equipment. (366)
(e) Electronic components and accessories. (367)
(f) Misc. electrical machinery equipment and supplies. (369)
(13) Measuring, analyzing and controlling instruments. (38)
(14) Photographic, medical and optical goods. (38)
(15) Watches and clocks. (38)
(16) Misc. manufacturing industries:
(a) Jewelry, silverware, and platedware. (391)
(b) Musical instruments and parts. (393)
(c) Dolls, toys, games and sporting goods. (394)
(d) Pens, pencils, and other office and artists' materials. (395)
(e) Costume jewelry, costume novelties, and notions. (396)
(f) Brooms and brushes. (3991)
(g) Signs and advertising displays. (3993)
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(h) Morticians goods. (3995)
(i) Manufacturing industries, NEC. (3999)
(17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing.
(308)
i. Marinas. (4493)
j. Millwork and structural wood members. (243)
k. Motion pictures. (78)
l. Motor freight transportation and warehousing. (42)
m. Repair services:
(1) Automotive and automotive parking. (75)
(2) Electrical. (762)
(3) Watch, clock and jewelry repair. (763)
(4) Reupholstery and furniture repair. (764)
(5) Misc. repairs and services. (769)
n. Retail trade:
(1) Lumber and other building materials. (521)
(2) Paint, glass and wallpaper. (523)
(3) Hardware. (525)
(4) Nurseries, lawn and garden supplies. (526)
(5) Mobile home dealers. (527)
(6) Automotive/boat/RV/motorcycle dealers. (55)
(7) Gasoline service. (55)
(8) Furniture and furnishings. (57)
o. Research, development, and testing services. (873)
p. Ship, boat building and repairing - less than forty-five (45) feet. (373)
q. Sorting, grading and packaging services - citrus/vegetables. (0723)
r. Vocational schools. (824)
s. Wholesale trade - durable goods:
(1) Motor vehicle and automotive equipment. (501)
(2) Furniture and home furnishings.(502)
(3) Lumber and other building materials. (503)
(4) Professional and commercial equipment/supplies. (504)
(5) Metals and minerals except petroleum. (505)
(6) Electrical goods. (506)
(7) Hardware, plumbing and heating equipment, and supplies. (507)
(8) Machinery, equipment, and supplies. (508)
(9) Misc. durable goods:
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(a) Sporting and recreational goods. (5091)
(b) Toys and hobby goods. (5092)
(c) Jewelry, watches, precious stones and metals. (5094)
(d) Durable goods NEC. (5099)
t. Wholesale trade - nondurable goods:
(1) Paper and paper products. (511)
(2) Drugs. (512)
(3) Dry goods and apparel. (513)
(4) Groceries and related products. (514)
(5) Farm products - raw materials. (515)
(6) Chemicals, and allied products. (516)
(7) Beer, wine, and distilled alcoholic beverages. (518)
(8) Misc. nondurable goods:
(a) Farm supplies. (5191)
(b) Books, periodicals and newspapers. (5192)
(c) Flowers, nursery stock and florists' supplies. (5193)
(d) Tobacco/tobacco products. (5194)
(e) Paints, varnishes and supplies. (5198)
(f) Nondurable goods, NEC. (5199)
u. Mobile food vendors. (999)
v. Single-family detached dwelling units provided that the single-family dwelling unit is
located on an existing lot or parcel or record, as further defined in this Code, that was
existing on or before August 1, 1990. (999)
w. Kennels. Allowed as a permitted use only when the property is surrounded by industrial
uses or zoning and is five hundred (500) feet or more from residential uses or zoning. All
distance requirements shall be measured from the nearest point of the existing home or
area of single-family zoning to the nearest point of the proposed kennel.
x. Landscape and horticultural services. (078)
y. Personal services. (72)
3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section
7.04.00.
5. Offstreet Parking and Loading Requirements. Offstreet parking and loading requirements are
subject to Section 7.06.00.
6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00.
7. Conditional Uses:
a. Airports, landing and takeoff fields - general aviation. (4581)
b. Manufacturing:
(1) Cut stone and stone products. (328)
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(2) Motorcycles, bicycles, and parts. (375)
(3) Wood containers, wood buildings and mobile homes. (244/245)
c. Ship, boat building and repairing (excluding ship or boat salvaging) - forty-five (45) to one
hundred fifty (150) feet. (373)
d. Wholesale:
(1) Petroleum bulk stations and terminals.
e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A.
f. Kennels. (0752) Other than those permitted under Section 3.01.03 T.2.w. of the Land
Development Code.
8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00 and
include the following:
a. Co-generation facilities. (999)
b. Fueling facilities. (999)
c. Industrial wastewater disposal. (999)
d. One detached single-family dwelling or mobile home for on-site security purposes per
property. (999)
e. Retail trade accessory to the primary manufacturing or wholesaling use. (999)
f. Solar energy systems, subject to the requirements of Section 7.10.28.
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Date Mailed 04/03/2018
Planning and Development Services Department 772.462. 2822
Applicant
Joseph G. Miller
5500 Orange Avenue
Fort Pierce, FL 34947
Agent
Bradley J. Currie, AICP
bradcurrie@edc.inc.com
(772) 462-2455
File Number
RZ 1020175216
Future Land Use
MXD (Mixed Use Development –
Loop Road Activity Area)
Existing Zoning
AR-1 (Agricultural Residential – 1
du/acre)
Proposed Zoning
CG (Commercial, General)
IL (Industrial, Light)
Staff Recommendation
Staff recommends approval of the
Public Hearing Notice
Thursday, April 19, 2018
Project Description
This is a petition of Joseph G. Miller-
to rezone 43.055 +/- acres of land
located at 255, 331, & 401 N Jenkins
Road and Property Generally Locat-
ed between 411 & 491 North Jenkins
Road from AR-1 (Agricultural Resi-
dential – 1 du/acre) to CG
(Commercial General) and IL
(Industrial, Light). The purpose of the
petition, as stated by the applicant, is
to due to greater demand for the pro-
posed uses within St. Lucie County,
and proximity of I-95 along with par-
cels to the south and southwest
which currently hold a land use of IL.
For further details on this application
please contact:
Staff Kori Benton
Tel 772.462.2518
Email bentonk@stlucieco.org
Mail Planning and Development
Services Department
2300 Virginia Avenue
Fort Pierce, FL 34982
The St. Lucie County Planning and Zon-
ing Commission has the power to review
and recommend to the St. Lucie County
Board of County Commissioners, for
approval or disapproval, any applica-
tions within their area of responsibility.
The Planning and Zoning Commission
strongly encourages your input and
comment at the public hearing. You may
also mail or email written comments
regarding this proceeding in advance of
the public hearing for inclusion in the
official record. Written comments to the
Planning and Zoning Commission
should be received by the Planning and
Development Services Department—
Planning Division at least 3 days prior to
the scheduled hearing.
Anyone with a disability requiring ac-
commodations to attend this meeting
may contact the SLC Community Risk
Manager at least 48 hours in advance
at 772.462.1546 or TDD 772.462.1428
Location:
BOCC Chambers
SLC Administration Annex,
2300 Virginia Avenue,
Fort Pierce, FL 34982
«CuO1LastName», «CuO1First-
Name»
«CuOStreet1» «CuOStreet2»
«CuOCity», «CuOState»
«CuOPostal»
Meeting Time:
6:00 PM (or soon thereafter )
PLANNING AND ZONING COMMISSION
Location(s): 255, 331, & 401 N Jenkins Road and Property Generally Lo-
cated between 411 & 491 North Jenkins Road.
4.B.h
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#ParcelID CurOwner SiteAddress
1 2312-114-0030-000-3 Joseph G Miller (TR)331 N JENKINS RD
2 2312-141-0003-010-2 St Lucie County TBD
3 2407-600-0003-000-8 Raymond P Hoeffner ETAL 240 N JENKINS RD
4 2407-600-0002-000-1 Philip A Hoeffner III N JENKINS RD
5 2312-123-0001-000-9 Sanford G Gibson 280 LAMONT RD
6 2312-143-0001-000-1 Darby Baird (TR)5900 ORANGE AVE
7 2312-134-0002-000-0 Everglades Farm Eqpmt Co Inc 6150 ORANGE AVE
8 2312-134-0001-000-3 Clyde D Crouch ETAL 6100 ORANGE AVE
9 2301-877-0005-000-9 Edward A Ritsick ETAL 6320 FLOYD JOHNSON RD
10 2407-600-0005-000-2 Bernice Worley 308 N JENKINS RD
11 2312-131-0001-000-4 Margaret H Carlton ORANGE AVE
12 2407-600-0001-000-4 Philip A Hoeffner Jr ETAL 260 N JENKINS RD
13 2301-411-0026-000-0 FPFWCD TBD
14 2312-143-0002-000-8 Ty F Realty Holdings LLC 6000 ORANGE AVE
15 2312-144-0001-000-4 Cons. Prop. Of FP (Jeffrey Eisensmith)121 N JENKINS RD
16 2312-142-0001-000-8 Darby Baird (TR)TBD
17 2312-141-0002-000-2 James R Turner (TR)193 N JENKINS RD
18 2301-443-0001-010-1 Michael R Johnson ETAL 6080 FLOYD JOHNSON RD
19 2301-443-0001-020-4 Rosa E Johnson (LF EST)6020 FLOYD JOHNSON RD
20 2301-443-0001-000-8 WHALOU PROPERTIES LLC Maria VieraFLOYD JOHNSON RD
21 2301-443-0002-000-5 Michael T Mitchell ETAL 5960 FLOYD JOHNSON RD
22 2301-433-0002-000-4 David S Schindette 6300 FLOYD JOHNSON RD
23 2406-330-0001-000-3 NSLRWCD N JENKINS RD
24 2407-221-0001-000-1 Cypress Knee LLC N JENKINS RD
25 2407-232-0001-000-5 St Lucie Battery And Tire Company5500 ORANGE AVE
26 2406-330-0000-000-6 Leroy J Hoeffner ETAL N JENKINS RD
4.B.h
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MailAddr1 MailCityStZipLoadDate
5500 Orange Ave Fort Pierce, FL 34947-1309Apr 2 2018 5:37AM
2300 Virginia Ave Fort Pierce, FL 34982-5632Apr 2 2018 5:37AM
240 N Jenkins Rd Fort Pierce, FL 34947-1513Apr 2 2018 5:37AM
260 N Jenkins Rd Fort Pierce, FL 34947Apr 2 2018 5:37AM
280 Lamont Rd Fort Pierce, FL 34947-1538Apr 2 2018 5:37AM
5900 Orange AVE Fort Pierce, FL 34947-1550Apr 2 2018 5:37AM
PO Box 910 Belle Glade, FL 33430Apr 2 2018 5:37AM
6100 Orange Ave Fort Pierce, FL 34947Apr 2 2018 5:37AM
6320 Floyd Johnson Rd Fort Pierce, FL 34947-1568Apr 2 2018 5:37AM
308 N Jenkins Rd Fort Pierce, FL 34947-1513Apr 2 2018 5:37AM
160 Lamont Rd Fort Pierce, FL 34947-1538Apr 2 2018 5:37AM
260 N Jenkins Rd Fort Pierce, FL 34947-1513Apr 2 2018 5:37AM
14666 Orange AVE Fort Pierce, FL 34945-4511Apr 2 2018 5:37AM
3 E Harbour Isle DR , Unit Ph 2 Fort Pierce, FL 34949-2755Apr 2 2018 5:37AM
5561 N University Dr # 103 Coral Springs, FL 33067-4652Apr 2 2018 5:37AM
5900 Orange AVE Fort Pierce, FL 34947-1550Apr 2 2018 5:37AM
5900 Orange AVE Fort Pierce, FL 34947-1550Apr 2 2018 5:37AM
6080 Floyd Johnson Rd Fort Pierce, FL 34947-1558Apr 2 2018 5:37AM
6020 Floyd Johnson Rd Fort Pierce, FL 34947-1558Apr 2 2018 5:37AM
105 S Narcissus Ave #5 West Palm Beach, FL 33401Apr 2 2018 5:37AM
5960 Floyd Johnson RD Fort Pierce, FL 34947-1560Apr 2 2018 5:37AM
6300 Floyd Johnson RD Fort Pierce, FL 34947-1568Apr 2 2018 5:37AM
14666 Orange AVE Fort Pierce, FL 34945-4511Apr 2 2018 5:37AM
5500 Orange Ave Fort Pierce, FL 34947-1309Apr 2 2018 5:37AM
5500 Orange Ave Fort Pierce, FL 34947Apr 2 2018 5:37AM
11 Sussex Ln Stony Brook, NY 11790-3333Apr 2 2018 5:37AM
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PROOF O.K.BY:_____________________________O.K.WITH CORRECTIONS BY:___________________________
PLEASE READ CAREFULLY •SUBMIT CORRECTIONS ONLINE
ADVERTISER:ST LUCIE COUNTY GROWTH MPROOF CREATED AT:3/28/2018 10:15 AM
SALES PERSON:Linda Klein PROOF DUE:-
PUBLICATION:TR-DAILY NEXT RUN DATE:04/05/18
SIZE:2 col X 8 in
TR-1970743.INDD
ST.LUCIE COUNTY PLANNING AND
ZONING COMMISSION
PUBLIC HEARING AGENDA
April 19,2018
NOTICE OF CHANGE INZONING
The St.Lucie County Planning and Zoning Commission is scheduled to review
and make recommendations regarding the following item petitioned by the
applicant for adoption by the Board of County Commissioners of St.Lucie
County,Florida,by resolution:
RESOLUTION
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST.LUCIE
COUNTY FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS FROM THE
AR-1 (AGRICULTURAL RESIDENTIAL –1DU/ACRE)ZONING DISTRICTTOTHE CG
(COMMERCIAL GENERAL)AND IL (INDUSTRIAL,LIGHT)ZONING DISTRICTS FOR
CERTAIN PROPERTY LOCATED IN ST.LUCIE COUNTY,FLORIDA.
APPLICANT:Joseph GMiller
PURPOSE:Change in zoning from AR-1 (Agricultural Residential –1 du/acre)to CG
(Commercial General)and IL (Industrial,Light)
LOCATION(S):255,331,&401 N Jenkins Road and Property Generally Located
between 411&491 NorthJenkins Road.
The Planning and Zoning Commission PUBLIC HEARING on this item will be held
in the Commission Chambers,Roger Poitras Annex,3rd Floor,St.Lucie County
AdministrationBuilding,2300VirginiaAvenue,FortPierce,Floridaon Thursday,April
19,2018 beginning at6:00 pmoras soon thereafter aspossible.
All interested persons will be given an opportunity to be heard.Written comments
receivedin advance of thepublic hearing willalso be considered.Written comments
to the Planning and Zoning Commission should be received by the Planning and
Development Services Department -Planning Division at least 3 days prior to the
scheduled hearing.The petition file is available for review at the Planning and
Development Services Department –Planning Offices located at 2300 Virginia
Avenue,2nd Floor,Fort Pierce,Florida,during regular business hours.Please call
(772)462-2822 orTDD(772)462-1428if youhaveany questionsorrequireadditional
information about this petition.
The St.Lucie County Planning andZoning Commission has the power to review and
recommendto the St.LucieCounty Board of CountyCommissioners,for approval or
disapproval,anyapplicationswithin their area of responsibility.
The proceedings ofthePlanning andZoningCommission areelectronically recorded.
PURSUANT TO SECTION 286.0105,FLORIDA STATUTES,if a person decides to
appeal any decision made by the Planning and Zoning Commission with respect to
any matter considered at a meeting or hearing,he or she will need a record of the
proceedings.For such purpose,he or shemay needto ensure that averbatim record
ofthe proceedingsismade,whichrecordincludes thetestimonyand evidenceupon
which the appeal is to be based.Upon the request of any party to the proceeding,
individuals testifying during a hearing will be sworn in.Any party to the proceeding
will be granted an opportunity to cross-examine any individual testifying during a
hearing upon request.If it becomes necessary,a public hearing may be continued
toa date certain.
Anyone with a disability requiring accommodation to attend this meeting should
contacttheSt.LucieCounty Risk Managerat least forty-eight (48)hours prior to the
meetingat (772)462-1546 or T.D.D.(772)462-1428.
PLANNINGAND ZONING COMMISSION/LOCAL PLANNINGAGENCY
ST.LUCIE COUNTY,FLORIDA /S/WILLIAMO’DELL,CHAIRMAN
Publish Date:April5,2018 TCN-1970743
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DESCRIPI'ION ar: SKETCH
PREPARED FOR:
JOSEPH G. MIUER
PARCEL REZONING
TO COMMERCIAL GENERAL
LEGAL DESCRIPTION:
BEING A PORTION OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE
39 EAST, ST. LUCIE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE NORTHEAST 1/4 CORNER OF SAID SECTION 12; THENCE SOUTH 89"45'46• WEST,
ALONG THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 163.27 FEET; THENCE
SOUTH 00"06'24• WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 64.50 FEET TO
A POINT ON THE WEST RIGHT-QF~Y LINE OF JENKINS ROAD AS SHOWN ON THE ST.
LUCIE RIGHT-QF~AY MAP, DRAWING NO. 324, SHEET 3 OF 5, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00"06'24• WEST, ALONG SAID WEST
LINE, A DISTANCE OF 607.24 FEET TO THE SOUTH LINE OF THE NORTH 1/4 OF THE NE
1/4 OF SAID SECTION 12; THENCE SOUTH 89"44'22• WEST, DEPARTING SAID WEST LINE
AND ALONG SAID SOUTH LINE, A DISTANCE OF 1,162.81 FEET TO THE WEST LINE OF THE
EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE NORTH 00"04'21• EAST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 607.53 FEET TO THE SOUTH RIGHT-QF~AY LINE OF THE NORTH ST. LUCIE RIVER WATER CONTROL
DISTRICT CANAL NO. 31; THENCE NORTH 89"45'46• EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 1,163.17 FEET TO THE POINT OF
BEGINNING.
CONTAINING 706,264 SQUARE FEET OR 16.2136 ACRES, MORE OR LESS.
CAD K:\STlBTIRE\lOOP ~D\06-Q020SK1
REP K:\STlBTIRE\lOOP ~D\lOOPROADWG01
FLO NA FB. PG. JOB 06-Q020
OFF AJP DATE J-19-18
LJif72a) CKD AJP SHErr 1 Of' J DWG A-D074
K:\STLBTIRE\LOOP ROAD\06-0020SK1.dwg, 3/19/2018 2:05:26 PM
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LOCATION MAP
NOT TO SCALE
LEGEND:
DE -DRAINAGE EASEMENT DB = DEED BOOK LB = LICENSE BUSINESS
LS = LICENSE SURVEY
{M) -MEASURED ORB =OFFICIAL RECORD BOOK PB = PLAT BOOK
POB = POINT OF BEGINNING POC -POINT OF COMMENCEMENT
ROW = RIGHT-oF-wAY RPB = ROAD PLAT BOOK
UE =UTILITY EASEMENT
CAD K:\STLBTIRE\LOOP ROAD\06-Q020SK1 ALEXANDER J. PIAZZA PSM, INC.
1'\ Surveying • Mapping • Consulting REP K:\STLBTIRE\LOOP ROAD\LOOPROADMG01
..._ ...., 619 SW Biltmore Street I ~ Port Sl Lucie, Florida 34983
:R: Phone: {772) 340-7770
Lltf72IO Fax: {772) 340-2250
FLD NA FB. PG. JOB 06-Q020
OFF AJP DATE 3-19-18
CKD AJP SHEET 2 OF" 3 DWG A-Q074
K.\STLBTIRE\LOOP ROAD\06-0020SK1.dwg, 3/19/201B 2.05.41 PM
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DESCRIPTION ell SKETCH
PREPARED FOR:
JOSEPH G. MIUER
PARCEL REZONING
TO COMMERCIAL GENERAL
ALEXANDER J. PIAZZA PSM, INC.
Surveying • Mapping • Consulting
619 SW Biltmore Street
Port Sl Lucie, Florida 34983
Phone: (772) 340-7770
Lltf72IO Fax: (772) 340-2250
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AJP DATE 3-19-18
AJP SHEET 3 OF" 3 DWG A-Q074
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DESCRIPI'ION ar: SKETCH
PREPARED FOR:
JOSEPH G. MIUER
PARCEL REZONING
TO INDUSTRIAL UGHT
LEGAL DESCRIPTION:
BEING A PORTION OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA: BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE NORTHEAST 1/4 CORNER OF SAID SECTION 12: THENCE SOUTH 89'45'46• WEST, ALONG THE NORTH LINE OF SAID SECTION 12, A DISTANCE OF 163.27 FEET; THENCE
SOUTH 00"06'24• WEST, DEPARTING SAID NORTH LINE, A DISTANCE OF 671.56 FEET TO
THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 00"06'24• WEST, ALONG THE WEST
RIGHT-oF-wAY LINE OF JENKINS ROAD AS SHOWN ON THE ST. LUCIE RIGHT-oF-wAY MAP,
DRAWING NO. 324, SHEET 3 OF 5, A DISTANCE OF 183.10 FEET; THENCE SOUTH 08"47'
51• EAST, A DISTANCE OF 607.30 FEET: THENCE SOUTH 00"06'24• WEST, A DISTANCE OF 199.04 FEET TO THE NORTH RIGHT-oF-wAY LINE OF LOOP ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1361, PAGE 200, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA; THENCE NORTH 85"11'17• WEST, DEPARTING SAID WEST LINE AND ALONG SAID
NORTH LINE, A DISTANCE OF 594.37 FEET: THENCE SOUTH 89"43'15• WEST, A DISTANCE OF 288.90 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 377.30 FEET: THENCE ALONG THE ARC OF SAID CURVE
TO THE SOUTHWEST, THROUGH A CENTRAL ANGLE OF 89"36'01• AND A DISTANCE OF
590.03 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 12; THENCE NORTH 00"04'21• EAST, DEPARTING SAID NORTH LIE AND ALONG
SAID WEST LINE, A DISTANCE OF 1,305.20 FEET TO THE SOUTH LINE OF THE NORTH 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION 12; THENCE NORTH 89"44'22• EAST, DEPARTING SAID WEST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 1,162.81 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,169,234 SQUARE FEET OR 26.8419 ACRES, MORE OR LESS.
CAD K:\STlBTIRE\lOOP ~D\06-Q020SK2
REP K:\STlBTIRE\lOOP ~D\lOOP~DMG01
FLO NA FB. PG. JOB 06-Q020
OFF AJP DATE 1-14-18
l.8f72IO CKD AJP SHErr 1 Of' 3 DWG A-D075
K:\STLBTIRE\LOOP ROAD\06-0020SK2.dwg, 1/15/2018 1:03:04 PM
4.B.l
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OFF AJP DATE 1-14-18
CKD AJP SHEET 2 or 3 DWG A-Q075
.._ ...., 619 SW Biltmore Street I ~ Port Sl Lucie, Florida 34983
:R: Phone: {772) 340-7770
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K.\STLBTIRE\LOOP ROAD\06-0020SK2.dwg, 1/15/201B 1.03.31 PM
4.B.l
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ITEM NO. (ID # 5157)
DATE: 04/19/2018
AGENDA REQUEST *PUBLIC HEARINGS
BACKGROUND:
In 2008, St. Lucie County enacted Ordinance No. 08-008 establishing guidelines for the siting of wireless
telecommunication towers and antennas. In January, 2009, the Board approved ordinance No. 09-003,
which revised the minimum separation requirements for towers.
On April 4, 2017, the Board approved permission to advertise a proposed ordinance amending Section
7.10.23 Wireless Telecommunication Towers and Antennas of St. Lucie County Land Development Code.
The intent was to reduce the separation requirements. On April 20, 2017, the Federal Communications
Commission (FCC) adopted two Notices of Proposed Rulemakings and Notices of Inquiry (“NPRMs”). In
the NPRMs, the FCC examines regulatory impediments to wireless infrastructure investment and
deployment and proposes measures to help remove or reduce such impediments. Comments in both
proceedings were due June 15, 2017, and replies were due July 17, 2017. In addition, on October 17,
2014, the FCC adopted an Order pursuant to Section 6409(a) of the Middle Class Tax Relief and Job
Creation Act of 2012, which provides regulations on local governments’ processing and approval of
certain requests to collocate equipment on existing wireless towers and base stations.
Section 365.172(13) Florida Statutes, Facilitating E911 Service Implementation, provides to balance the
public need for reliable E911 services through reliable wireless systems and the public interest served by
governmental zoning and land development regulations and sets forth standards for a local government’s
actions, as a regulatory body, in the regulation of the placement, construction, or modification of a
wireless communications facility.
On May 25, 2017, St. Lucie County engaged Gary L. Resnick, Esq. to represent the County with respect to
amendments to the county code regarding wireless communication facilities, consistent with federal and
state law. On or about June 6, 2017, county staff pulled the opposed amendment to Section 7.10.23
Wireless Telecommunication Towers and Antennas of the St. Lucie County Land Development Code. Mr.
Resnick recommended a comprehensive revision of St. Lucie County code to reflect all federal and state
law changes and to consider revisions to address new technologies.
TO: St. Lucie County Planning & Zoning Commission
PRESENTED BY: Katherine Barbieri, Asst. County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Ordinance - Amendments to the Land Development Code regarding
Telecommunications Towers and Antennas
4.C
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Updated: 4/16/2018 5:16 PM by Sarah Smith Page 2
PREVIOUS ACTION:
On April 3, 2018, the Board of County Commissioners authorized permission to advertise a proposed
ordinance regarding amendments to the Land Development Code regarding telecommunications towers
and antennas for public hearing before the Local Planning Agency and two (2) public hearings before the
Board of County Commissioners.
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends the Local Planning Agency forward the draft ordinance to the Board of County
Commissioners with a recommendation of approval.
COMMISSION ACTION:
Coordination/Signatures
4.C
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Suggested motion to recommend approval/denial of this requested Waiver.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION SITTING AS THE LOCAL PLANNING
AGENCY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVE THE PROPOSED TEXT AMENDMENT TO LAND
DEVELOPMENT CODE SECTION 2.00.00 & SECTION 7.10.27 AND 7.10.23, BECAUSE...
[LIST CONDITION(S)]
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING,
INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN
SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE
THAT THE PLANNING AND ZONING COMMISSION SITTING AS THE LOCAL PLANNING
AGENCY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY
COMMISSIONERS DENY THE PROPOSED TEXT AMENDMENT TO LAND DEVELOPMENT
CODE SECTION 2.00.00 & SECTION 7.10.27 AND 7.10.23, BECAUSE...
[CITE REASON(S) WHY - PLEASE BE SPECIFIC]
4.C.a
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CarolBishop
From:KatherineBarbieri
Sent:Monday, April16, 20188:22AM
To:CarolBishop
Subject:FW: ProposedTelecommunicationsordinancetobeheardbyP&Zon4/19
Forpacket
Forfile
From: LeslieOlson
Sent: Sunday, April15, 20182:45PM
To: KatherineBarbieri <Barbierik@stlucieco.org>
Subject: Fwd: ProposedTelecommunicationsordinancetobeheardbyP&Zon4/19
Publiccommentfortheagendapackage.
SentfrommyiPhone
Beginforwardedmessage:
From: sherribrower <w4stb@yahoo.com>
Date: April14, 2018at4:47:35PMEDT
To: LeslieOlson <olsonl@stlucieco.org>, "austinb@stlucieco.org"
austinb@stlucieco.org>, "mcintyred@stlucieco.org" <mcintyred@stlucieco.org>
Subject:ProposedTelecommunicationsordinancetobeheardbyP&Zon4/19
To: StLucieCountyLocalPlanningAgency
From: SherriBrower, W4STB
LocalandStateGovernmentLiaisonfortheSouthernFloridaSectionof
TheAmericanRadioRelayLeague, thenationalorganizationforAmateurRadio
Re: ProposedOrdinanceonTelecommunicationstobeheardonApril19, 2018
TheamateurRadiocommunityhasconcernswithsomewordinginthisproposedordinance.
TheFederalCommunicationCommission'spreemptiverulingknownasPRB-1statesthatlocal
regulationswhichinvolveplacement, screening, orheightofantennasbasedonhealth, safety,
oraestheticconsiderationsmustbecraftedtoaccommodatereasonablyamateur
communications, andtorepresenttheminimumpracticableregulationtoaccomplishthelocal
authority'slegitimatepurpose.
1
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ThereareseveralportionsoftheproposalinsectionU (page66) thatdonotrepresentminimal
regulation.
Section3. statesthatstructuresexceeding50feetinheightmustbeofthetypethatcrankdown
ortiltover. Itispossiblethatthistypeofstructurewillnotallowtheamateursufficientantenna
windloadtoengageinhis/herdesiredcommunications. Itisalsopossiblethatthistypeof
structurecouldplaceadditionalmonetaryburdenontheamateuraswellasphysicalburdensto
olderorhandicappedamateursasthesetypesofsupportstructuresrequiremanpower, or
motorsatanadditionalcost, tocrankandtiltover.
Section3alsostatesthattowersbeloweredandantennasremoved. Thisalsoplacesmonetary
andunnecessaryphysicalburdensontheamateur. Otherantennasdonothavetobe
dismantled. Ifapermithasbeenobtainedtheantennashavebeeninstalledtowithstandthe
windfortheZone. Requiringatowertobecrankeddown, tiltedoverorclimbedtoremove
antennaistimeconsumingandcostly. Toexemptdismantlingiftheamateurisengagingin
emergencycommunicationsisactuallynotanecessaryexemptionasbydefinitionAmateur
Radio'spurposeisemergencycommunications.
Itisrequestedthatsection3beremoved.
Insection4apermitisrequiredformodificationofantennas. AmateurRadiobydefinitionisfor
experimentationandfurtheringtechnology. Therearevarioustypesofantennasfordifferent
frequenciesusedinamateurCommunicationsanddifferentamateurradiolicensecategories
whichallowdifferentfrequenciestobeused. Therearetimeswhenantennasaredamagedand
needtobereplaced. Requiringapermitforantennamodificationsisnotminimumregulation.
Thefollowingreplacementwordingisoffered:
Exceptions. BuildingPermitsarenotrequiredfor:
1) Adjustment, replacementorrepairoftheelementsofanantennaarrayaffixedtoan
antennasupportstructure.
2) Antennafacilitieserectedtemporarilyfortestpurposesorforemergencycommunications.
3) Anyground-mounted amateurradioantennaslessthanfifty (50) feetinheight.
5) Co-locationofadditionalantennaonexistingantennasupportstructuresthathave
obtainedthenecessarypermitsorarenonconforminguses.”
Itisalsorequestedthatwordingregardingnon-conformingamateurradiosupportstructuresbe
added. Thefollowingwordingisoffered:
Pre-ExistingamateurradiosupportstructuresAnyamateurradiosupportstructureerected
beforetheeffectivedateofthisOrdinanceshallbeallowedtocontinueusagewhichexistedon
thisdate. Routinemaintenanceofthesupportstructureandantennasisallowedtocontinue.
Anyexistingamateurradiosupportstructureandantennasthatdoesnotmeetthestandardsof
thissectionshallnotberequiredtomeetthesestandardsunlessanduntilthetowerisproposed
forreplacement.”
2
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Thankyouforyourconsiderationinthismatter. Theamateurradiocommunitywillworkwithyou
tocraftanordinancethatmeetsFederalandStaterequirements.
Feelfreetoe-mailmeanyquestionsandadviseifyouwouldlikemetoattendthemeetingto
enableallcommissionmemberstoaskquestions. Pleasesendmetherevisionoftheproposed
ordinance.
Thankyou,
SherriBrower
W4STB@yahoo.com
PleaseNote: Floridahasverybroadpublicrecordslaws. MostwrittencommunicationstoorfromCountyofficialsregardingCountybusinessarepublicrecords
availabletothepublicandmediauponrequest. ItisthepolicyofSt. LucieCountythatallCountyrecordsshallbeopenforpersonalinspection, examinationand /
orcopying. Youre-mailcommunicationswillbesubjecttopublicdisclosureunlessanexemptionappliestothecommunication. Ifyoureceivedthisemailinerror,
pleasenotifythesenderbyreplye-mailanddeleteallmaterialsfromallcomputers.
PleaseNote: Floridahasverybroadpublicrecordslaws. MostwrittencommunicationstoorfromCountyofficialsregardingCountybusinessarepublicrecords
availabletothepublicandmediauponrequest. ItisthepolicyofSt. LucieCountythatallCountyrecordsshallbeopenforpersonalinspection, examinationand /
orcopying. Youre-mailcommunicationswillbesubjecttopublicdisclosureunlessanexemptionappliestothecommunication. Ifyoureceivedthisemailinerror,
pleasenotifythesenderbyreplye-mailanddeleteallmaterialsfromallcomputers.
3
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Page 1 of 70
St. Lucie County LDC Ord. Draft 4/17/2018 9:47 AM
ORDINANCE 2018____
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA AMENDING
THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO
AMEND CHAPTER II, SECTION 2.00.00 DEFINITIONS; TO
REPEAL CHAPTER VII, SECTION 7.10.27 COMMUNICATIONS;
TO AMEND CHAPTER VI, SECTION 7.10.23,
TELECOMMUNICATIONS TOWER SITING, BY AMENDING THE
FOLLOWING SUBSECTIONS: DEFINITIONS; GENERAL
PROVISIONS; APPLICATIONS FOR NEW WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS;
BUILDING CODES/SAFETY STANDARDS; REQUIREMENT OF
SITE PLAN AND ENGINEERING REPORT; SECURITY FUND;
GENERAL REQUIREMENTS FOR THE LOCATION OF NEW
WIRELESS TELECOMMUNICATIONS TOWERS ON COUNTY
PROPERTY; INITIAL WIRELESS TELECOMMUNICATIONS
ANTENNAS ON EXISTING STRUCTURES; COLLOCATION OF
WIRELESS ANTENNAS ON EXISTING TOWERS AND
STRUCTURES; ROOFTOP MOUNTED TELECOMMUNICATIONS
TOWERS AND ANTENNAS; PROPOSED FACILITIES
MODIFICATION APPLICATIONS; SETBACKS;
SEPARATION/HEIGHT; BUILDING AND EQUIPMENT STORAGE
AREAS; REMOVAL OF ABANDONED WIRELESS
TELECOMMUNICATIONS TOWERS, FACILITIES AND
ANTENNAS; PRE-EXISTING TELECOMMUNICATIONS
TOWERS; INSPECTIONS, REPORTS, FEES, AND MONITORING;
AMATEUR RADIO ANTENNAS; PENALTIES; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND PROVIDING
FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING
FOR THE TERMINATION OF MORATORIUM ADOPTED
PURSUANT TO ORDINANCE 17-018 AS EXTENDED BY
RESOLUTION RES 2018-8; PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Congress of the United States adopted the Telecommunications
Act of 1996, 47 U.S.C. § 151 et seq. (“96 Act”) and orders of the Federal
Communications Commission (“FCC”) promulgated thereto, providing federal regulation
of wireless telecommunications, a technology of wireless voice, video and data
communications systems rapidly becoming available, requiring land use facilities that
impact planning and zoning concerns in St. Lucie County ("County") and throughout the
United States; and
WHEREAS,Florida has statutes applyicable to the County's authority to regulate the
siting of wireless telecommunication facilities; and
4.C.c
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Page 2 of 70
St. Lucie County LDC Ord. Draft 4/17/2018 9:47 AM
WHEREAS,the “Middle Class Tax Relief and Job Creation Act (“Spectrum Act”) (PL-
122-96; codified at 47 U.S.C. § 1455(a)) and FCC orders promulgated thereto codified at 47
C.F.R. §1.40001, address, inter alia, local governments’ regulation of the modification of
existing wireless antenna support structures and base stations; and
WHEREAS, it is the County's intent to establish standards in compliance with applicable
federal and state laws; and
WHEREAS, the County finds that it is in the public interest to permit the siting of
wireless telecommunications towers and antennas within the County's boundaries, and
WHEREAS, the County has received and expects to receive additional requests
from telecommunications service providers to site wireless telecommunications towers
and antennas within the County boundaries and is authorized by federal, state and local
law to regulate the siting of such telecommunications towers and antennas; and
WHEREAS, it is the intent of the County to provide reasonable accommodation
to, and to promote and encourage fair and reasonable competition among
telecommunications service providers or providers of functionally equivalent services on
a neutral and nondiscriminatory basis; and
WHEREAS, the purpose and intent of this Ordinance is to establish appropriate
separation requirements for wireless telecommunications towers and antennas within the
County's boundaries, with due consideration to the County's comprehensive plan, zoning
map, existing land uses and environmentally sensitive areas, including hurricane
preparedness areas, and
WHEREAS, this Board is authorized by Section 125.01(1)(t) to adopt ordinances and
resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the
violations of ordinances in accordance with law; and
WHEREAS, on May 1, 2018, the Board adopted Ordinance 2018-002, amending
Chapter 44, Article I, Sections 44-1 – 44-18, of the County Code, creating the St. Lucie County
Communications Rights-of-Way Ordinance, providing for the processing of applications for
communications facilities in the County public rights-of-way and the regulation of such
facilities; and
WHEREAS, on August 1, 1990, the Board of County Commissioners of St. Lucie
County, Florida, adopted the St. Lucie County Land Development Code; and
WHEREAS, on April 19, 2018, the Local Planning Agency/Planning and Zoning
Commission held a public hearing on the proposed ordinance after publishing notice in
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Page 3 of 70
St. Lucie County LDC Ord. Draft 4/17/2018 9:47 AM
the Tribune at least 10 days prior to the hearing and recommended that the proposed
ordinance be approved; and
WHEREAS, on May 1, 2018, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Tribune; and
WHEREAS, on May 15, 2018, this Board held its second public hearing on the
proposed ordinance after publishing a notice of such hearing in the Tribune; and
WHEREAS, the proposed amendments to the St. Lucie County Land Development Code
are consistent with the general purpose, goals, objectives and standards of the St. Lucie County
Comprehensive Plan and are in the best interest of the health, safety and welfare of the citizens
of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of the County of St. Lucie, Florida that:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND
DEVELOPMENT CODE TO READ AS FOLLOWS INCLUDE1:
******************
CHAPTER II – DEFINITIONS
2.00.00 – DEFINITIONS
When used in this Code, the following terms shall have the meanings herein ascribed to them:
Alternative Tower Structure:A design mounting structure that camouflages or conceals the
presence of a tower; for example, man made trees, clock towers, bell steeples, utility poles, and
similar alternative designs. An antenna mounted on a utility pole shall be subject to all
requirements as stated in this ordinance. The following shall be considered not to be an
alternative tower structure: 1) a structure supporting a utility transmission line(s) only; and 2) a
structure up to one hundred fifty (150) feet in height supporting a 69KV or higher voltage
utility transmission line(s), and antenna(e), when located in non-residential zoning districts;
and 3) a structure supporting an amateur radio antenna only.
Accessory Security Residence: One dwelling unit contained within the commercial building, for
on-site security purposes.
1 Language to be deleted is indicated by a strikethrough; language to be added is indicated by underline.
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Page 4 of 70
St. Lucie County LDC Ord. Draft 4/17/2018 9:47 AM
Accessory Use: For purposes of Section 7.10.23, means a secondary use including a use that is
related to, incidental to, subordinate to and subservient to the main use of the property on which
an antenna and or telecommunications tower is sited.
Amateur Radio Antenna:An antenna used to engage in amateur radio communications as
licensed by the FCC.
Antenna:A transmitting and/or receiving device mounted on a tower, building or structure and
used in telecommunications personal wireless services that radiates or captures
electromagnetic waves, digital signal, analog signals, and radio frequencies, directional
antennas such as panel and microwave dish antennas, and omni-directional antennas such as
whips but excluding small wireless facilities as defined in the St. Lucie county
Communications Rights-of-Way Ordinance, Chapter 44, Article I of the Code of Ordinances,
radar antennas, amateur radio antennas, and satellite earth stations.
Applicant [owner, licensed contractor, and/or lessee]: A person or entity with property owner
authorization, with an application before the County for a permit for a wireless service facility.
Backhaul Network:The lines that connect the towers/cell sites of a provider to one (1) or more
cellular telephone switching offices, and/or long distance providers, or the public switched
telephone network.
Base Station:A structure or equipment at a fixed location that enables FCC-licensed or
authorized wireless communications between user equipment and a communications network. To
the extent not inconsistent with applicable law, this term Base Station does not include a utility
pole for the collocation of a small wireless facility in the County’s public rights-of-way pursuant
to the St. Lucie County Communications Rights-of-Way Ordinance, Chapter 44, Article I, of
the County Code. The term Base Station does not encompass a tower as defined herein or any
equipment associated with a tower. Base Station includes but is not limited to:
i.Equipment associated with wireless communications services such as private,
broadcast, and public safety services, as well as unlicensed wireless services and
fixed wireless services such as microwave backhaul;
ii.Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems (“DAS”) and small-cell
networks); and
iii.Any structure other than a tower that, at the time the relevant application is filed
with County under this article, supports or houses equipment described in
subparagraphs (i)-(ii) above, and that has been reviewed and approved under the
applicable zoning or siting process, or under another State or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing such support. Base Station does not include any structure that, at the
time the relevant application is filed under this section, does not support or house
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equipment described in (a) or (b) of this section.
Broadcasting Facility:Any telecommunications tower built primarily for the purpose of
broadcasting licensed AM, FM or television signals pursuant to 47 C.F.R. Part 73 of the FCC
rules, as it may be amended.
Building-permit Review:A review for compliance with building constructions standards adopted
by the County under Chapter 553 and Chapter XIII of the County Land Development Code and
does not include a review for compliance with land development regulations.
Camouflage Facility:Any telecommunications facility which is designed to blend into the
surrounding environment. For example, architecturally screened roof mounted antennae,
building-mounted antennae painted to match the existing structure, antennae integrated into
architectural elements, and communication towers designed to look like light poles, power
poles, or trees.
Carrier: A company licensed by the Federal Communications Commission (FCC) that provides
wireless services. A tower builder or owner is not a carrier unless licensed to provide wireless
services.
“Cell on Wheels (COW):A temporary, transportable wireless communications facility used to
provide emergency or temporary transmission capacity.
Collocation:For purposes of an Eligible Facilities Modification, the mounting or installation of
transmission equipment on an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.“Collocation”for all other
purposes, means the situation when a second or subsequent wireless carrier use an existing
structure to locate a second or subsequent antennas. The term includes the ground, platform, or
roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other
equipment associated with the location and operation of the antenna.
County:St. Lucie County, a political subdivision of the State of Florida, in its present form or
in any later reorganized, consolidated, or enlarged form.
Eligible Facilities Modification Application: A written document submitted to the County
pursuant to this article for review and approval of a proposed eligible facilities modification.
Eligible Facilities Modification:Any request for modification of an existing tower or base
station that does not result in a substantial change in the physical dimensions of such tower or
base station, involving:
Collocation of new transmission equipment;
Removal of transmission equipment; or
Replacement of transmission equipment.
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Eligible Facilities Modification Permit:A written document issued by the County pursuant to
this article, approving an eligible facilities modification application.
Eligible Support Structure: Any tower or base station as defined in this section, provided that it
is existing at the time the relevant application is filed with the County under this article.
Equipment Building:The cabinets, shelter, building or other such structure which contains the
electronic equipment used in the operation of the antenna. Unless, the context indicates
otherwise, the term includes generators, generator fuel supplies, cable connections and supports
electrical panels and similar accessory components.
Essential Services:Those services provided by the County and other governmental entities that
directly relate to the health and safety of its residents, including fire, police and rescue.
Existing:For purposes of an Eligible Facilities Modification, a constructed tower or base station
that has been reviewed or approved under the applicable zoning or siting process of the County,
or under another State or local regulatory review process, provided that a tower that has not been
reviewed and approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.
Existing Structure:As used in Section 7.10.23, means a structure that exists at the time an
application for permission to place antennas on a structure is filed with the County. The term
includes any structure that can structurally support the attachment of antennas in compliance
with applicable codes.
Fall Radius:The calculated distance measured from the center of the base of a tower which
defines the maximum circular area into which the tower andor any further distance in which
any part of a tower may fall in case of structural failure or collapse. The fall radius is
calculated through a breakpoint analysis prepared by a licensed engineer.
Historic Building,Resource, Structure, Site, Object, or District: When used in Section in
7.10.23, means any building, resource, structure, site, object, or district that has been officially
designated as a historic building, historic resource, historic structure, historic site, historic object,
or historic district through a federal, state or local designation program.
Interference or Interfere: The impairment of transmission or reception of any desired
communications or radio frequencies
Land Development Regulations:Any ordinance enacted by the County for the regulation of any
aspect of development, including zoning, subdivisions, landscaping,tree protection, or signs, the
County's comprehensive plan, or any other ordinance concerning any aspect of the development
of land. The term does not include any building construction standard adopted under and in
compliance with Chapter 553.
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Lattice Tower:A telecommunications tower that is constructed to be self-supporting by lattice
type supports and without the use of guy wires or other supports.
Licensed Engineer: A person who satisfies the requirements of Section 471.003, Florida Statutes.
Microwave Antenna:Microwave Dish Antenna" means a dish-like antenna used to link
telecommunications sites together by wireless transmission and/or receipt of voice or data
Monopole Tower:A telecommunications tower consisting of a single pole or spire self-supported
on a permanent foundation, constructed without guy wires, ground anchors, or other supports.
Personal Wireless Service:Commercial mobile services, licensed wireless services, and
common carrier wireless exchange access services, and shall include “wireless service” as
defined in Section 365.172, Florida Statutes, as amended, as well as “personal wireless services”
as defined in 47 USC §322(c)(7)(C)(i), as amended.
Personal Wireless Service Facilities: Facilities for the provision of personal wireless services. A
power, light, or other utility pole used exclusively as such prior to attachment of a personal
wireless service facility shall not be considered a personal wireless service facility because of
such attachment.
Pre-Existing Towers and Pre-Existing Antennas:Any permitted existing tower or antenna
constructed or existing prior to September 2, 1997, or any telecommunications tower or antenna
for which a building permit or special use permit has been properly issued and finalized,
including permitted telecommunications towers or antennas that have not yet been constructed so
long as such approval and building permit is current and not expired.
Proposed Facilities Modification: Any request for modification of an eligible support structure
which the Applicant asserts is subject to review under Section 6409 of the Spectrum Act, and
involving:
i.Collocation of new transmission equipment;
ii.Removal of transmission equipment; or
iii.Replacement of transmission equipment.
Public Safety Communications Facility: Any wireless communications facilities used by
municipal, County, state or federal government agencies for the primary purpose of providing
public safety related communications, including but not limited to, wireless communications for
police, fire and emergency services.
Search Area: The geographic area, in which a telecommunications facility must be located to
provide coverage of the applicant/tenant's designed service areas as certified by a Radio
Frequency Engineer.
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Stealth or Camouflage Tower, Equipment Building or Antenna Structure: A design mounting
structure that encloses, obscures or conceals the presence of an antenna, equipment building or
telecommunications tower such that the tower, equipment building or antenna blends into the
environment. For example, the following may be determined to be a stealth, or camouflage
tower, equipment building or antenna: towers and antennas integrated into man-made trees that
are similar in height, branches and leaf coverage to natural trees occurring on the proposed site,
clock towers, bell steeples, light poles, utility poles, monopole tower with all antennas and wires
located internally and not visible, architecturally screened roof mounted antennas, equipment
buildings installed below grade or not visible beyond the property as a result of landscaping or
other buffering, and similar alternative designs.
Substantial Change: A modification that changes the physical dimensions of an Eligible Support
Structure if it meets any of the following criteria:
i.For towers other than towers in the public rights-of-way, it increases the height of
the tower by more than 10% or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed twenty feet, whichever
is greater; for other eligible support structures, it increases the height of the
structure by more than 10% or more than ten feet, whichever is greater;
ii.For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty feet, or more than the width of the tower structure at the
level of the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six feet;
iii.For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and base
stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than 10% larger in height or
overall volume than any other ground cabinets associated with the structure;
iv.It entails any excavation or deployment outside the current site;
v.It would defeat the concealment elements of the eligible support structure; or
vi.It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified in sub-paragraphs (i)-(iv) of this section.
Telecommunications Facility:A facility that is used to provide one (1) or more
telecommunications services, including, without limitation, radio transmitting towers, other
supporting structures, and associated facilities used to transmit telecommunications signals. An
open video system is not a telecommunications facility to the extent that it only provides video
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services; a cable system is not a telecommunications facility to the extent that it only provides
cable service.
Telecommunications Facility Operator:A provider of telecommunications services.
Telecommunications Services:The offering of telecommunications (or the transmission
between or among points, specified by the user of information of the user's choosing without
change in the form or content of the information as sent and received) for a fee directly to the
public, or to such classes of users as to be effectively available directly to the public, regardless
of the facilities used.
Telecommunications Tower or Tower:Any structure, and support thereto, designed and
constructed primarily for the purpose of supporting one (1) or more antennae intended to
provide telecommunication services including lattice, monopole and guyed towers. The term
includes personal wireless service, facilities used for the provision of commercial mobile
services, unlicensed wireless services (telecommunication services using duly authorized
devices which do not require individual licenses) and common carrier wireless exchange
access services. For purposes of this Code the term include radio and television transmission
towers. The following shall be considered not to be a telecommunications tower:
a) A structure supporting a utility transmission line(s) only, and
b) A structure up to one hundred fifty (150) feet in height supporting a 69KV or higher
voltage utility transmission line(s), and antenna(e), when located in non-residential
zoning districts, and
c) A structure supporting an amateur radio antenna only,
and
d) A structure supporting a radio, television or satellite receiving antenna for residential
uses only.
Telecommunications Tower Height or Height:When referring to a communications tower
or other structure, the distance measured from the finished grade of a parcel to the highest
point on the tower or other structure, including the base pad and any antenna, but excluding
lights and lightening rods.
Transmission Equipment: Equipment that facilitates transmissions for any FCC-licensed or
authorized wireless communication service, including, but not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul and the associated site, and shall not include for
example: utility poles, light poles, pedestrian signalized poles or signalized intersection poles,
masts, or similar vertical structures that have a primary purpose or function independent of
supporting a wireless telecommunications facility.
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Wireless Communications Facility or Telecommunications Facility: Any equipment or facility
used to provide wireless telecommunications service and may include, but is not limited to,
antennas, towers, equipment enclosures, cabling, antenna brackets, and other such equipment.
Placing a wireless communications facility on an existing structure does not cause the existing
structure to become a wireless communications facility. Such definition shall not include
facilities of a governmental entity where such facilities are utilized to provide intra-governmental
communications, not generally available to the public, to protect the health, safety and welfare of
the public, including but not limited to the South Florida Water Management District.
Wireless Telecommunications Service:Personal wireless service or "commercial mobile radio
service" as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996,
47 U.S.C. ss. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
66, August 10, 1993, 107 Stat. 312. The term includes service provided by any wireless real-time
two-way communication device, including radio-telephone communications used in cellular
telephone service; personal communications service; or the functional or competitive equivalent
of a radio-telephone communications line used in cellular telephone service, a personal
communications service, or a network radio access line. The term does not include wireless
providers that offer mainly dispatch service in a more localized, noncellular configuration;
providers offering only data, one-way, or stored-voice services on an interconnected basis;
providers of air-to-ground services; or public coast stations.
Wireless Tower or Telecommunications Tower or Tower: Any structure, and support thereto,
designed and constructed for the sole or primary purpose of supporting one (1) or more
antennas and their associated equipment intended for transmitting or receiving wireless
telecommunications services, telephone, radio and similar communication purposes, licensed or
authorized by the FCC to the extent required, including lattice, monopole and guyed
telecommunications towers. Unless otherwise expressly excluded, the term includes
transmission telecommunications towers, microwave telecommunications towers, common-
carrier telecommunications towers, cellular telephone telecommunications towers, alternative
telecommunications tower structures, among others. To the extent not inconsistent with
applicable law, the term Wireless Tower or Telecommunications Tower does not include a
utility pole for the collocation of a small wireless facility in the County’s public rights-of-way
pursuant to the St. Lucie County Communications Rights-of-Way Ordinance, Chapter 44,
Article I, of the County Code. A Wireless Tower, Telecommunications Tower or Tower shall
not include the following:
1.A cell-on-wheels authorized pursuant to Section 7.10.23,
2.A structure supporting a utility transmission line(s) only,
3.A structure up to one hundred fifty (150) feet in height supporting a 69KV or higher
voltage utility transmission line(s), and antenna(e), when located in non-residential
zoning districts,
4.An amateur radio antenna or its support structure, and
5.A structure supporting a radio, television or satellite receiving antenna for residential
uses only.
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CHAPTER VII – DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
SECTION 7.10.27. COMMUNICATIONS. RESERVED.
1.Intent and Purpose.St. Lucie County (the "County") hereby declares as a legislative
finding that the public rights-of-way within the County are a unique and physically limited
resource that are critical to the travel and transport of persons and property in the County; that
the public rights-of-way must be managed and controlled in a manner that enhances the health,
safety and general welfare of the County and its citizens; and that the use and occupancy of the
public rights-of-way by providers of Communications services must be subject to regulation
which can ensure minimal inconvenience to the public, coordinate users, maximize available
space, reduce maintenance and costs to the public, and facilitate entry of an optimal number of
providers of cable, Communications, and other services in the public interest.
It is the intent of the County to promote the public health, safety and general welfare by:
providing for the placement or maintenance of Communications facilities in the public rights-of-
way within the County limits; adopting and administering reasonable rules, regulations and
general conditions not inconsistent with state and federal law, including F.S. § 337.401, as it may
be amended from time to time, and in accordance with the provisions of the Federal
Communications Act of 1996 and other federal and state law; establish reasonable rules,
regulations and general conditions necessary to manage the placement and maintenance of
Communications facilities in the public rights-of-way by all Communications service providers;
minimize disruption to the public rights-of-way; and require the restoration of the public rights-
of-way to original condition.
This ordinance shall apply to any entity who seeks to construct, place, install, maintain or operate
a Communications system or facilities, as such terms are defined herein, in the public rights-of-
way, unless otherwise exempt by operation of applicable state law.
2.Definitions.For the purpose of this ordinance, the following words, terms and phrases shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. Words not otherwise defined in this section or in any permit
that might be granted under this article shall be given the meaning set forth in the
Communications Act of 1934, 47 U.S.C. Section 151 et seq., as amended (collectively, the
"Communications Act"), and, if not defined therein, as defined by state statute; and, if not
defined therein, be construed to mean the common and ordinary meaning.
A.Abandonment means the permanent cessation of all uses of a Communications facility;
provided that this term shall not include cessation of all use of a facility within a
physical structure where the physical structure continues to be used. By way of
example, and not limitation, cessation of all use of a cable within a conduit, where the
conduit continues to be used, shall not be Abandonment of a facility in the public rights-
of-way.
B.Affiliate means each person, directly or indirectly, controlling, controlled by, or under
common control with a Communications services provider that is registered with the
County; provided that affiliate shall in no event mean any limited partner, member, or
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shareholder holding an interest of less than fifteen percent (15%) in such
Communications services provider.
C.As-builts mean, consistent with F.S. Ch. 556, the final and complete drawings in hard
copy and the final and complete electronic overview map (in autocad, microstation,
mapinfo or ESRI format) presented in the available computer input medium such as cd-
rom, dvd or zip. Upon request of the County, as-builts, in both the drawings and the
electronic overview map, must show the present state of a Communications services
provider's facilities in the public rights-of-way, including, but not limited to, the
horizontal and vertical location of facilities located at least every one hundred (100) feet
and at any alignment change. Horizontal locations on all points of facilities shall be
from street centerline, or section or quarter section lines or corners. Vertical locations
on all points of facilities shall consist of elevations in either County datum or United
States Geological Survey datum.
D.Co-locate or co-location means the shared use of facilities, such as poles, ducts or
conduit, including but not limited to the placement of conduit owned by more than one
(1) user of the public rights-of-way in the same trench or boring and the placement of
equipment owned by more than one (1) user in the same conduit. Co-location does not
include interconnection of facilities or the sale or purchase of capacity.
E.Communications Company or Telecommunications Company has the meaning set forth
in F.S. § 364.02(12), and includes any company providing communications services as
defined in Section 202.11(2) and Section 337.401(6).
F.Communications facility, facility or facilities means any facility that may be used to
provide Communications Services, including but not limited to, equipment or property,
including, but not limited to, cables, conduits, converters, splice boxes, cabinets,,
manholes, vaults, equipment, drains, surface location markers, appurtenances, located,
to be located, used, or intended to be used, in the Public Rights-of-Way of the County to
transmit, convey, route, receive, distribute, provide or offer Communications Services.
G.Communications Pass-Through Provider means any person who places or maintains a
Communications Facility in the roads or right-of-way of the County and who does not
remit taxes imposed pursuant to F.S. Ch. 202.
H.Communications services shall include, without limitation, the transmission,
conveyance or routing of voice, data, audio, video, or any other information or signals
to a point, or between or among points, by and through electronic, radio, satellite, cable
optical, microwave, or other medium or method now in existence or hereafter devised,
regardless of the protocol used for such transmission or conveyance
I.Communications services provider shall refer to any Person making available or
providing Communications Services, as defined herein, through the placement or use of
a Communications Facility in the Public Rights-of-way.
J.Communications system or systems means any permanent or temporary plant,
equipment and property placed or maintained in the public rights-of-way that is
occupied or used, or is capable of being occupied or used, by a Communications
services provider for the purpose of producing, conveying, routing, transmitting,
receiving, amplifying, distributing, providing or offering Communications services
including, but not limited to cables, wires, lines, conduits, fiber optics, antennae, radios
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and any associated poles, converters, splice boxes, cabinets, hand holes, manholes,
vaults, drains, surface location markers, and other plant, equipment and pathway.
K.County means St. Lucie County, Florida, a political subdivision of the State of Florida,
in its present form or in any later reorganized, consolidated, or enlarged form.
L.Excavation or other similar formulation of that term means the cutting, trenching or
other disturbance to the public rights-of-way intended to change the grade or level of
land or that causes any cavity, gap, depression, penetration or hole in the surface of the
public rights-of-way.
M.FCC means the Federal Communications Commission.
N.Government means the United States of America, the State of Florida or St. Lucie
County, Florida, and any of their respective agencies, departments or bureaus.
O.In the public rights-of-way means in, along, on, over, under, across or through the
public rights-of-way, excluding only those public utility easements over which the
County lacks jurisdiction under Florida law
P.Law means any local, state or federal legislative, judicial or administrative order,
certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff,
guideline or other requirements, as amended, now in effect or subsequently enacted or
issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151
et seq., as amended by the Communications Act of 1996, 47 U.S.C.A § 151 et seq.
(1996), and all orders, rules, tariffs, guidelines and regulations issued by the Federal
Communications Commission or the governing State authority pursuant thereto.
Q.Person means any individual, firm, joint venture, partnership, estate, trust, business
trust, syndicate, fiduciary, association, corporation, company, organization or legal
entity of any kind, including any affiliate, successor, assignee, transferee or personal
representative thereof, and all other groups or combinations, and shall include the
County to the extent that the County acts as a Communications services provider.
R.Placement or maintenance or other similar formulation of that term means the named
actions interpreted broadly to encompass, among other things, erection, construction,
reconstruction, installation, inspection, maintenance, placement, replacement,
extension, expansion, repair, removal, operation, occupation, location, relocation,
grading, undergrounding, trenching or excavation. Any Communications services
provider that owns, leases or otherwise controls the use of a Communications system or
facility in the public rights-of-way, including the physical control to maintain and
repair, is "placing or maintaining" a Communications system or facility. A person
providing service only through buying wholesale and then reselling is not "placing or
maintaining" the Communications facilities through which services is provided. The
transmission and receipt of radio frequency signals through the airspace of the public
rights-of-way does not constitute "placing or maintaining" facilities in the public rights-
of-way.
S.PSC means the Florida Public Service Commission.
T.Public rights-of-way means a road, street, highway, bridge, tunnel or alley that is owned
by the County, publicly held by the County or dedicated to the County for public use
and over which the County has jurisdiction and control and may lawfully grant access
pursuant to applicable law, and includes the space above, at or below the surface of
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such right-of-way. "Public rights-of-way" shall include public utility easements and
County services easements that are under the jurisdiction and control of the County
wherein the County now or hereafter acquires the right to locate or permit the location
of Communications facilities; provided that the terms and conditions of any such
easement expressly prohibit the use of particular easement for purposes other than
which it was conveyed, dedicated or condemned. "Public rights-of-way" shall not
include (1) city, state or federal rights-of-way, (2) property owned by any person other
than the county, (3) service entrances or driveways leading from the road or street onto
adjoining property or (4) except as described above, any real or personal property of the
County, such as, but not limited to, County parks, buildings, fixtures, poles, conduits,
sewer lines, facilities or other structures or improvement, regardless of whether they are
situated in the public rights-of-way.
U.Registrant or facility owner shall mean a Communications company or other person
which seeks to use the public rights-of-way that has registered with the County in
accordance with the provisions of this ordinance.
V.Registration and register shall mean the process described in subsection 3, whereby a
Communications service provider provides certain information to the County.
3.Registration.
A. Each Communications service provider that desires to place, erect, construct, install,
locate, maintain, repair, extend, expand, remove, or relocate any Communications
facilities in, under, over or across any public rights-of-way in the County shall be
considered to be using the public rights-of-way and shall be required to register with the
County in accordance with the terms of this ordinance.
B. Any Communications service provider desiring to use the public rights-of-way shall file
a registration with the County Administrator or his/her designee, which shall include the
following information:
1. Identity of the applicant and name, address and telephone number of applicant's
primary contact person in connection with the registration;
2. A statement of whether the applicant presently provides retail services to any
Communications services customers within the jurisdictional limits of the County
at the time of registration or whether the applicant simply intends to lease its
facilities to other Communication service providers who will be providing direct
service to retail customers within the jurisdictional limits of the County. This
information will allow the County to follow up with the registrant at the time the
registrant begins to make physical use of the public rights-of-way, and to determine
whether a linear mile charge is applicable in accordance with subsection 4 of this
ordinance.
3. Evidence of the insurance coverage required under this ordinance and
acknowledgment that registrant has received and reviewed a copy of this ordinance;
4. A copy of federal and/or state certification authorizing the applicant to provide
Communications services; and
5. A security fund in accordance with this ordinance.
6. Acknowledgment that Registrant has received and reviewed a copy of this
Ordinance.
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C. The County will review the information submitted by the applicant. Such review will be
by the County Administrator or designee. If the applicant submits information in
accordance with subsection 3 above, the registration shall be effective and the County
shall notify the applicant of the effectiveness of registration in writing. If the County
determines that the information has not been submitted in accordance with subsection 3
above, the County shall notify the applicant of the non-effectiveness of registration, and
reasons for the non-effectiveness, in writing. The County shall so reply to an applicant
within thirty (30) days after receipt of registration information from the applicant. Upon
notification of the non-effectiveness of the registration, nothing herein shall preclude
the applicant from filing a subsequent application addressing the basis for the non-
effectiveness. If the registrant disputes the determination of non-effectiveness for the
particular application submitted, the only avenue of redress shall be an appeal under
subsection 7(P). Failure to comply with the appeals section for the particular application
found to be non-effective shall be sufficient grounds for the County to reject that
particular application in the future. A registrant may cancel a registration upon written
notice to the County Administrator or his/her designee stating that it will no longer
maintain facilities in the public rights-of-way and will no longer need to pull permits to
perform work in public rights-of-way. Within thirty (30) days of any change in the
information required to be submitted pursuant to subsection 3, registrant shall provide
updated information to the County.
D. A registration shall not convey title, equitable or legal, in the public rights-of-way.
Registrants may only occupy public rights-of-way for Communications facilities.
Registration does not excuse a Communications service provider from obtaining
appropriate access or pole attachment consents before locating its facilities on another
person's facilities. Registration does not excuse a Communications service provider
from complying with all applicable County ordinances, including this ordinance.
E. Registration with the County shall be non-exclusive. Registration does not establish any
priority for the use of the public rights-of-way by a registrant or any other registrants.
Registrations are expressly subject to any future amendment to or replacement of this
ordinance and further subject to any additional County ordinances, as well as any state
or federal laws that may be enacted during the term of the registration.
4.Fees and Payments.
A. In consideration for the rights, privileges and permission granted hereunder, a
Registrant hereunder shall pay an annual Communications Service Tax. Said tax shall
be in addition to any permit fees imposed by the County pursuant to an election made
by the County pursuant to F.S. Ch. 202.
B. A Registrant who places or maintains a Communications Facility in the roads or rights-
of-way of the County but who does not remit taxes imposed and is as a Pass Through
Provider, shall pay to the County annually five hundred dollars ($500.00) per linear
mile or portion thereof in addition to any permit fees the County is authorized to collect.
The linear mile charge authorized by this Section shall be based on the linear miles of
roads or Rights-of-way where a Communications Facility is placed, not based on a
summation of the lengths of individual cables, conduits, strands or fiber.
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C. Notwithstanding anything to the contrary, the County hereby reserves the right to
require the maximum compensation allowed by law.
D. Pursuant to Chapter 337.401(3)(f), nothing herein shall prohibit or impair any voluntary
agreement between a Registrant and the County which provides for or allows for the
provision of in-kind compensation by the Registrant to the County in addition to the
fees and payments set forth in Sections A and B above.
5.Reports and Records.
A. A registrant shall provide the following documents to the County as received or filed:
(1) Any pleadings, petitions, notices and documents regarding any legal proceeding
involving any provisions of this ordinance or any permit or Agreement granted
pursuant to this Ordinance.
(2) Any request for protection under bankruptcy laws, or any judgment related to a
declaration of bankruptcy.
B. In addition, the County may, at its option and upon reasonable notice to the registrant,
inspect the facilities in the public rights-of-way and to require applicable reports and
records including but not limited to FCC compliance and performance tests to ensure
the safety of its residents.
C. Unless prohibited by applicable law, such other books, records, accounts and materials
reasonably required by the County to determine compliance with this ordinance.
D. The County shall keep any documentation, books and records of the registrant
confidential to the extent permitted under Florida Statutes.
6.Underground Installation; Relocation.
A. A registrant shall install its facilities underground, unless such undergrounding is not
technically feasible. This provision shall apply only prospectively for all new facilities
and only to the extent that this obligation is not expressly prohibited by federal law,
state law or applicable PSC rules and regulations.
B. Every registrant that places or constructs Communications facilities underground shall
maintain appropriate participation in the regional notification center for subsurface
installations.
C. Any Communications facilities heretofore or hereafter placed upon, under, over, or
along any public rights-of-way that is found by the County to be unreasonably
interfering in any way with the convenient, safe or continuous use, or the maintenance;
improvement, extension or expansion of such public rights-of-way shall, upon written
notice to the registrant or its agent, be removed or relocated by such registrant at its own
expense, within thirty (30) days of such notice, consistent with F.S. § 337.403. The
County Administrator or his/her designee may extend the time within which a registrant
shall remove or relocate a Communications facility for good cause shown.
D. The Registrant shall not in any way displace, damage, or destroy any facilities,
including, but not limited to, gas, sewer, water main, pipe, cable, conduit, fiber optic, or
other pathway or any other facilities belonging to the County. Except to the extent
damage is caused by the County's negligence or the County's failure to comply with
applicable law, subject to applicable law, the registrant shall be liable to the County for
the costs of any repairs made necessary by any such displacement, damage or
destruction, of facilities belonging to the County, and the registrant shall pay such costs
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upon demand. In the case of an emergency, the County may commence repairs without
any prior notice to the registrant. The term emergency shall mean a condition that may
affect the public's health, safety or welfare. In the event of an emergency, the County
may cause the repairs to be made at the facility owner's expense, utilizing County
employees, agents or contractors, charge any and all costs, and require reimbursement
within thirty (30) days after the submission of the bill by the County to the registrant.
After thirty (30) days, the County may obtain reimbursement from the security fund. In
all other non-emergency circumstances, the registrant shall be given prior written
notice. If such repairs are not performed in a reasonable and satisfactory manner within
the thirty (30) calendar days after receiving notice, the County may cause the repairs to
be made at the facility owner's expense, utilizing County employees, agents or
contractors, charge any and all costs, and require reimbursement within thirty (30) days
after the submission of the bill by the County to the registrant. Again, after thirty (30)
days, the County may obtain reimbursement from the security fund.
E. Subject to F.S. § 337.403, whenever an order of the County requires such removal or
change in the location of any Communications facility from the public rights-of-way,
and the facility owner fails to remove or change the same at its own expense to conform
to the directive within the time stated in the notice, the County may proceed to cause the
Communications facility to be removed. The expense thereby incurred, except as
provided in F.S. § 337.403(1)(a)—(c), shall be paid out of any money available
therefore, and such expense shall be charged against the owner of the Communications
facility and levied, collected and paid to the County.
F. Subject to F.S. § 337.404, whenever it shall be necessary for the County to remove or
relocate any Communications facility, the owner of the Communications facility, or the
owner's chief agent, shall be given written notice of such removal or relocation and
requiring the payment of the costs thereof, and shall be given reasonable time, which
shall not be less than twenty (20) nor more than thirty (30) days, to file an appeal with
the Board of County Commissioners to contest the reasonableness of the order. Upon
receipt of a written appeal, the Board of County Commissioners shall place the matter
on its agenda for consideration within forty-five (45) working days. Should the owner
or the owner's representative not appear, the determination of the cost to the owner shall
be final, in accordance with F.S. § 337.404.
G. A final order of the County, imposed pursuant to Florida Statutes and applicable
provisions of this ordinance and the County code, if any, shall constitute a lien on any
property of the owner and may be enforced as provided therein.
H. The County retains the right and privilege to cut or remove any facilities located within
the public rights-of-way as the County Administrator or his/her designee in reasonable
discretion may determine to be necessary, appropriate or useful in response to any
public health or safety emergency. If circumstances permit, the County shall attempt to
notify the owner of the facility, if known, prior to cutting or removing a facility and
shall notify the owner of the facility, if known, after cutting or removing a facility.
I. Upon abandonment of a facility within the public rights-of-way of the County, the
owner of the facility shall notify the County within ninety (90) days. Following receipt
of such notice, the County may direct the facility owner to remove all or any portion of
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the facility if the County determines that such removal will be in the best interest of the
public health, safety and welfare. In the event that the County does not direct the
removal of the abandoned facility by the owner of the facility and the facility owner
chooses not to remove its facilities, then such owner, by its notice of abandonment to
the County, shall be deemed to consent to the alteration or removal of all or any portion
of the facility by another utility or person.
J. A registrant shall, on the request of any person holding a permit issued by the County,
temporarily raise or lower its Communications facilities to permit the work authorized
by the permit. The expense of such temporary raising or lowering of facilities shall be
paid by the person requesting the same, and the registrant shall have the authority to
require such payment in advance. The registrant shall be given not less than thirty (30)
days advance notice to arrange for such temporary relocation.
7.Use of Rights-of-Way.
A. A facility owner agrees at all times to comply with and abide by all applicable
provisions of the state statutes and local laws including, but not limited to, applicable
zoning regulations not inconsistent with state and federal laws.
B. Except in the case of an emergency, no Communications service provider shall
construct any facility over, under or within any public rights-of-way which disrupts the
public rights-of-way without first filing an application with and obtaining a permit from
the County therefore, pursuant to applicable permitting requirements of the County and
other applicable County Code requirements, except as otherwise provided in this
ordinance. The term "emergency" shall mean a condition that affects the public's health,
safety or welfare, which includes an unplanned out of service condition of a pre-existing
service. Registrant shall still be required to provide prior notice to the County in the
event of an emergency. For the purposes of the notice requirements herein, the County
shall provide the registrant with a County contract. When work is performed on an
emergency basis, the registrant must still apply for a permit by the following business
day in accordance with the County's permitting guidelines. In all instances, the
registrant shall restore all damaged property and indemnify the County from any and all
damages caused by the registrant's emergency work. Unless otherwise required by this
ordinance, the County may waive the permit requirement in cases where there will be
no disruption of the public rights-of-way.
C. As part of any permit application with respect to new or existing facilities in the public
rights-of-way, where applicable, the registrant shall provide a proposal for construction
of the Communications facility that sets forth at least the following:
(1) An engineering plan identifying the location of the proposed facility, including a
description of the facilities to be installed, where it is to be located, and the
approximate size of facilities and equipment that will be located in, on, over, or
above the public rights-of-way. The plan shall include a current survey of all
existing improvements.
(2) Maps showing the routing of new construction that involves an alteration to the
surface or subsurface of the public rights-of-way. A registrant may not begin
construction until the plans and drawings have been approved in writing by the
County Engineer or his/her designee and a permit is issued.
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(3) A description of the manner in which the facility will be installed (i.e., anticipated
construction methods and/or techniques).
(4) The time required to place the facility.
(5) A maintenance of traffic plan for any disruption of the public rights-of-way which
meets or exceeds any requirements set forth by the State of Florida Department of
Transportation.
(6) Information on the ability of the public rights-of-way to accommodate the proposed
facility, if available (such information shall be provided without certification as to
correctness, to the extent obtained from other users of the public rights-of-way)
(7) If appropriate, given the facility proposed, an estimate of the cost of restoration of
the public rights-of-way.
(8) And, such plan shall include the timetable for construction for each phase of the
project and the areas of the County that will be affected.
(9) Any such additional information as the County Engineer finds reasonably
necessary to review an application for a permit to perform work in the public
rights-of-way.
D. If there is insufficient space to accommodate all of the requests to occupy or use the
rights-of-way, to the extent not otherwise prohibited by state or federal law, the County
shall have the power to prohibit or limit the placement of new or additional facilities
within the public rights-of-way for the protection of existing facilities in the public
rights-of-way, or for County plans for public improvements, which have been
determined by the County to be in the public interest.
(1) In case of conflict or interference between the facilities of different registrants, the
registrant whose facilities were first permitted shall have priority over a competing
registrant's use of the public rights-of-way. The resolution of any conflict or
interference shall be made in a manner that is consistent with the non-
discrimination provisions of the Federal Communications Act of 1996.
(2) There may be from time to time within the County various easements and streets,
which the County does not have the unqualified right to authorize registrant to use;
therefore, the County does not warrant or represent as to any particular easement,
rights-of-way, or portion of a right-of-way or easement, that it has the right to
authorize the registrant to install or maintain portions of its facilities therein, and in
each case the burden and responsibility for making such determination in advance
of the installation shall be upon the registrant. The County shall not be required to
assume any responsibility for the securing of any rights-of-way, easements or other
rights that may be required by the registrant for the installations of its facilities, nor
shall the County be responsible for securing any permits or agreements with other
persons or utilities.
(3) Nothing in this ordinance shall affect the County's authority to add, vacate, or
abandon public rights-of-way, and the County makes no warranties or
representations regarding the availability of any added, vacated or abandoned
public rights-of-way for Communications facilities.
(4) Upon request of the County, a registrant may be required to coordinate the
placement or maintenance of facilities under a permit with any other work,
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construction, installation or repairs that may be occurring or scheduled to occur
within a reasonable time frame in the subject public rights-of-way, and registrant
may be required to reasonably alter its placement or maintenance schedule as
necessary so as to minimize disruptions and disturbances in the public rights-of-
way.
E. All facilities shall be installed, located and maintained so as not to unreasonably
interfere with the use of the public rights-of-way by the public and so as not to cause
unreasonable interference with the rights and convenience of property owners who
adjoin any of the public rights-of-way. The registrant shall be liable for costs and
expenses for the displacement, damage or destruction of any irrigation system or
landscaping within the public rights-of-way, to the extent not covered by the
construction bond. In the event the registrant fails to make the appropriate repairs to
restore such property to as good a condition as existed prior to the commencement of
the work, the affected property owner may file a complaint with the County
Administrator or his/her designee. In this instance, the registrant shall be given prior
written notice of the necessary repairs by the County Administrator or his/her designee.
If such repairs are not performed in a reasonable and satisfactory manner within thirty
(30) calendar days after receiving notice, the County may cause the repairs to be made
at the facility owner's expense, utilizing County employees, agents or contractors,
charge any and all costs, and require reimbursement within thirty (30) days after the
submission of the bill by the County to the registrant. After thirty (30) days, the County
may obtain reimbursement from the security fund. The prior written notice described in
this subsection shall be considered a final written decision for purposes of the appellate
rights outlined in subsection (P) of this Section.
F. The use of trenchless technology (i.e., directional bore method) for the installation of
facilities in the public rights-of-way, as well as joint trenching and/or the co-location of
facilities in existing conduit, is strongly encouraged and should be employed wherever
possible.
G. The County Administrator or his/her designee may issue such additional rules and
regulations concerning the placement and maintenance of a Communications facility in
the public rights-of-way as may be consistent with applicable law and not inconsistent
with this ordinance.
H. All safety practices required by applicable law, or accepted industry practices and
standards, shall be used during construction, maintenance and repair of the
Communications facilities. Registrant's work, while in progress, shall be properly
protected at all times with suitable barricades, flags, lights, flares or other devices, as
are required by the Manual on Uniform Traffic Control Devices (FDOT) and/or any
requirements of the County to protect all members of the public having occasion to use
the portion of the streets involved or adjacent property.
I. If, at any time during the term of the rights granted herein, the County shall lawfully
elect to alter, or change the grade of, any public rights-of-way, upon reasonable notice
by the County, the registrant shall make any necessary removals, relaying and
relocations of its Communications facilities at its own expense, in accordance with
applicable law. The County reserves the right to place and maintain, and permit to be
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placed or maintained, sewer, gas, water, electric, storm drainage, Communications or
other types of facilities, cables or conduits, and to do, and to permit to be done, any
underground and overhead installation or improvement that may be deemed necessary
or proper by the County in the public rights-of-way occupied by the registrant.
J. A facility owner shall obtain any and all required permits and pay any and all required
fees before commencing any construction on or otherwise disturbing any public rights-
of-way as a result of its construction.
(1) The registrant shall, at its own expense, restore such property to as good a
condition as existed prior to commencement of work. A registrant shall guarantee
its restoration for a period of twelve (12) months after the completion of such
restoration. If such restoration is not performed in a reasonable and satisfactory
manner within thirty (30) calendar days after the completion of construction, the
County may, after prior written notice to registrant, cause the repairs to be made at
the facility's owner expense, utilizing County employees, agents or contractors,
charge any and all costs, and require reimbursement within thirty (30) days after the
submission of the bill by the County to the registrant.
(2) A permit from the County constitutes authorization to undertake only certain
activities on public rights-of-way in accordance with this ordinance, and does not
create a property right or grant authority to impinge upon the rights of others who
may have an interest in the public rights-of-way.
K. All ongoing installation, construction and maintenance of a Communications facility
located in the public rights-of-way shall be subject to the County's periodic inspection
for compliance with this ordinance, or any applicable provisions of this ordinance and
County Codes.
L. A facility owner shall not place its facilities so as to interfere unreasonably with any
other person lawfully using the public rights-of-way of the County.
M. The registrant shall, upon request of the County Engineer or his/her designee, and at no
cost to the County, produce and provide to the County Engineer or his/her designee a
complete set of as-built plans including but not limited to, horizontal and typical vertical
profiles, within sixty (60) days after construction of any portion of the system. A
registrant shall cooperate with the County by providing timely and complete
information under this subsection. Upon completion of any installation or construction
of new facilities in public rights-of-way, the registrant shall provide, at no cost to the
County, such information as may be requested showing the exact location of its
facilities and structures, including but not limited to, maps, geographical information
systems, plats, construction documents, drawings and any other information the County
may find reasonably necessary. If available, such plans shall be provided in digitized
format showing the two-dimensional location of the facilities based upon the County's
geographical database datums, or other format acceptable to the County Administrator.
All information required by this Section shall be maintained in accordance with the
public records laws of the State of Florida.
N. Suspension or denial of Permits. Subject to subsection P. below, the County
Administrator or a designee may suspend an existing permit or deny an application for a
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permit for work in the public rights-of-way for one (1) or more of the following
reasons:
(1) Violation of permit conditions, including conditions set forth in this ordinance or
other applicable provisions of this ordinance or County Codes or regulations
governing use of public rights-of-way; or
(2) Misrepresentation or fraud by registrant in a registration or permit application to
the County; or
(3) Failure to relocate or remove facilities as may be lawfully required by the County;
or
(4) Failure of registrant, its employees, agents or subcontractors, in connection with the
subject permit, to:
(a) Place barricades or signs around the work area;
(b) Take reasonable safety precautions to alert the public of work at the work site;
or
(c) Repair, replace and restore any public or private property including without
limitation any sidewalk, street, alley, pavement, water, sewer or other utility
line or appurtenance, soil, landscaping, dirt or other improvement, property or
structure of any nature.
In the event of such failure, the County may perform the work utilizing County
employees, agents or contractors, charge any and all costs, and registrant shall be
required to reimburse the County within thirty (30) calendar days after the
submission of the bill by the County to registrant. In the event the County incurred
costs as described herein, the registrant shall be required to reimburse the County
for any and all such costs before the suspension or denial can be lifted. The County
Administrator or his/her designee shall have the discretion to waive this
requirement.
O. Immediately after the suspension or denial of permit pursuant to this Section, the
County shall provide written notice of the violation, which notice shall contain a
description of the violation. A final written decision of the County Administrator
suspending a permit or denying an application for a registration is subject to appeal.
Upon correction of any violation that gave rise to a suspension or denial of permit, the
suspension or denial shall be lifted.
P. All final written decisions may be appealed by filing a written notice of appeal with the
County Clerk and providing copies to the County Administrator and County Attorney.
An appeal must be filed with the County within thirty (30) days of the date of the final,
written decision to be appealed. Any appeal not timely filed as set forth herein shall be
waived. The notice of appeal shall state the decision that is being appealed, the grounds
for appeal, a brief summary of the relief sought, and shall be accompanied by a non-
refundable fee to be established by administrative order of the County Administrator.
The Board of County Commissioners may affirm, modify or reverse the decision of the
County Administrator. The County Administrator or his/her designee shall notify any
party who has filed a written request for such notification of the date when the matter
will be presented to the Board of County Commissioners. Nothing contained herein
shall preclude the Board of County Commissioners from seeking additional information
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prior to rendering a final decision. The decision of the Board of County Commissioners
shall be by resolution and a copy of the decision shall be forwarded to the County
Administrator and the appealing party. Within the time prescribed by the appropriate
Florida Rules of Appellate Procedure, a party aggrieved by a decision of the Board of
County Commissioners may appeal an adverse decision to the Circuit Court in and for
St. Lucie County, Florida, or applicable federal or district court. The party making the
appeal shall be required to pay to the County Clerk a fee as established by the Clerk .
Q. In the event registrant desires to use its existing facilities or to construct new facilities
for the purpose of providing other utility or non-utility services to existing or potential
consumers or resellers by providing services other than the provision of
Communications service, or for providing any other use to existing or potential
consumers, a registrant shall seek such additional and separate authorization from
County for such activities as may be required by applicable law.
R. To the extent that any person or registrant leases or otherwise uses the facilities of an
entity that is duly registered or otherwise authorized to place and maintain facilities in
the public rights-of-way of the County, the person or registrant shall make no claim, nor
assert any right which will impede the lawful exercise of the County's rights, including
requiring the removal of such facilities from the public rights-of-way of the County,
regardless of the effect on the person's ability to provide service, or on the registrant's
ability to maintain its own Communications facilities in the public rights-of-way of the
County.
8.Involuntary Termination of Registration.
A. The involuntary termination of a registration may only be accomplished by an action of
the Board of County Commissioners. The County may declare the registration
terminated and revoke and cancel all privileges granted under that registration if:
(1) A federal or state authority suspends, denies, or revokes a registrant's certification
to provide Communications service,
(2) The registrant is adjudicated bankrupt by a United States District Court or through
any legal proceeding of any kind, or that a receiver is appointed to take possession
of the assets of the registrant, or
(3) Fails to provide proof of required insurance.
(4) The registrant abandons all of its facilities.
B. Prior to such termination of the County resulting from a violation of any of the
provisions of this subsection, the registrant shall be notified by the County
Administrator or his/her designee with a written notice setting forth all matters pertinent
to such violation and describing the action of the County with respect thereto. The
registrant shall have sixty (60) days after receipt of such notice within which to cure the
violation, or within which to present a plan, satisfactory to the Board of County
Commissioners to accomplish the same. In the event of an emergency, the County may
take appropriate action in accordance with Section 6 of this ordinance. In the event of a
vote by the Board of County Commissioners to terminate, the registrant shall, within a
reasonable time following such termination, remove or abandon the facilities and take
such steps as are necessary to render safe every portion of the facilities remaining with
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the public rights-of-way of the County. If the registrant has either abandoned its
facilities or chooses to abandon its facilities, the County may either:
(1) Require the registrant's bonding company to remove some or all of the facilities
from the public rights-of-way and restore the public rights-of-way to its proper
condition, or
(2) The County may require that some or all of the facilities be removed and the public
rights-of-way restored to its proper condition at the registration's expense, utilizing
County employees, agents or contractors, and charge any and all costs, and require
reimbursement.
C. The obligations of the registrant and the bonding company hereunder shall survive for a
period of twenty-four (24) months from the termination of the registration. In the event
of a termination of registration, this provision does not permit the County to cause the
removal of any facilities that are used to provide another service for which the registrant
holds a valid certification with the governing federal and state Communications
agencies and is properly registered with the County for such certificated service, under
this ordinance.
9.Compliance with Other Laws; Police Power.A facility owner shall at all times be subject to
and shall comply with all applicable federal, state and local laws. A facility owner shall at
all times be subject to all lawful exercises of the police power of the County, to the extent
not inconsistent with applicable laws.
10.Transfer of Control; Sale or Assignment.
A. If the registrant transfers or assigns its registration incident to a sale or other transfer of
the registrant's assets, the transferee or assignee shall be obligated to comply with the
terms of this ordinance. Written notice of any transfer, sale or assignment shall be
provided to the County within twenty (20) days following the effective date of the
transfer, sale or assignment. In order for the transfer of registration to be effective, the
transferee or assignee must comply with the registration requirements under subsection
3. of this Ordinance.
B. Notwithstanding anything in this ordinance, pledges in trust or mortgages or other
hypothecations of the assets of the registrant to secure the construction, operation or
repair of its Communications facilities may be made to any person with notice to the
County. Any mortgage, pledge, lease or other encumbrance of the Communications
facilities shall be subject and subordinate to the rights of the County by virtue of this
ordinance or other applicable law.
11.Insurance; Surety; Indemnification.
A. A facility owner shall at all times maintain the following liability insurance coverage
insuring the registrant and naming the County, its officers, boards, Commission,
Commission members, agents and employees as additional insureds; worker's
compensation and employer liability insurance to meet all requirements of Florida law
and commercial general liability insurance with respect to the construction, operation
and maintenance of the Communications facilities, and the conduct of registrant's
business in the County, in the minimum amounts of:
(1) $1,000,000 for property damage in any one (1) accident;
(2) $1,000,000 for personal bodily injury to any one (1) person; and
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(3) $2,000,000 for personal bodily injury in any one (1) accident.
The policy shall also provide that the County will be given a thirty-day written notice of
cancellation or non-renewal.
B. All insurance policies shall be with sureties qualified to do business in the State of
Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating
Guide, Property/Casualty Edition, except as provided in subsection (D) below. The
County may require coverage and amounts in excess of the above minimums where
necessary to reflect changing liability exposure and limits or where required by law. A
registrant may provide a portion of the insurance coverage required by subsection 11.
through excess or umbrella policies of insurance and where such policies are in a form
acceptable to the County's Risk Manager.
C. A registrant shall keep on file with the County certificates of insurance which
certificates shall indicate that the County, its officers, boards, Commission, Commission
members, agents and employees are listed as additional insureds. In the event of a
potential claim such that the County claims insurance coverage, the facility owner shall
immediately respond to all reasonable requests by the County for information with
respect to the scope of the insurance coverage.
D. The certificates of insurance shall further provide that any cancellation or reduction in
coverage shall not be effective unless thirty (30) days prior written notice thereof has
been given to the County. A registrant shall not cancel any required insurance policy
without submission of proof that the registrant has obtained alternative insurance
satisfaction to the County that complies with this ordinance. A registrant that elects to
self-insure all or a portion of the insurance coverage and limit requirements required by
this Section is not required, to the extent of such self-insurance, to comply with the
requirement for the naming of additional insureds under this Section. A registrant that
elects to self-insure shall provide to the County evidence sufficient to demonstrate its
financial ability to self-insure the insurance coverage and limit requirements required
under this Section, such as evidence that the registrant is a "private self-insurer" under
the Workers Compensation Act. For purposes of this Section, "self-insure" shall also
include a registrant that insures through a "captive insurer," as defined in F.S. §
628.901.
E. Registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and
defend the County, its officials, boards, members, agents, and employees, against any
and all claims, suits, causes of action, proceedings, judgments for damages or equitable
relief, and costs and expenses sustained by the County in connection with each such
claim, suit, cause of action or proceeding including, but not limited to, attorneys' fees,
arising out of the construction, maintenance or operation of its Communications system
or facilities in the public rights-of-way, regardless of whether the act or omission
complained of is authorized, allowed or prohibited by this ordinance; provided,
however, that a facility owner's obligation hereunder shall not extend to any claims
caused by the sole negligence of the County. This indemnity shall survive and continue
in full force and effect as to the registrant's responsibility to indemnify. County agrees
to notify the registrant, in writing, within a reasonable time of the County receiving
notice, of any issue it determines may require indemnification. Nothing in this Section
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shall prohibit the County from participating in the defense of any litigation by its own
counsel and at its own cost if in the County's reasonable belief there exists or may exist
a conflict, potential conflict, or appearance of a conflict. Nothing contained in this
provision shall be construed or interpreted (1) as denying to either party any remedy or
defense available to such party under the laws of the State of Florida, and (2) as a
waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28.
F. The County Risk Manager may accept self insurance provided by a Registrant in
satisfaction of the requirements of this Section provided such Registrant is a public
corporation and complies with such other reasonable standards as may be required by
the Risk Manager.
12.Construction Bond.
A. Except in the case of an emergency, as described in subsection 7(B) of this ordinance,
prior to performing substantial work in the public rights-of-way,as determined by the
County Engineer, a registrant may be required to establish in the County's favor a
construction bond in an amount specified in an engineering permit or other
authorization as necessary to ensure the registrant's faithful performance of the
construction in the public rights-of-way, in accordance with applicable sections of this
ordinance or the County code. The amount of the construction bond shall be as set forth
in the engineering permit, and may be modified in the County Administrator or his/her
designee's reasonable discretion, based upon the cost of the restoration to take place in
the public rights-of-way, and any previous history of the registrant concerning
restoration within the public rights-of-way of the County. The County Administrator, in
his or her discretion, or designee, may request a certified estimate of the cost of
restoration by a Florida registered professional civil engineer, or certified by a person
who is exempt from such requirements as provided in F.S. § 471.003.
B. In the event a registrant subject to such a construction bond fails to complete the work
in a safe, timely and competent manner in accordance with the provisions of the permit,
there shall be recoverable, jointly and severally from the principal and surety of the
bond, any damages or loss suffered by the County as a result, including the full amount
of any compensation, indemnification or cost of removal or abandonment of any
property of the registrant, or the cost of completing the work, plus a reasonable
allowance for attorneys' fees, up to the full amount of the bond.
C. Twelve (12) months after completion of the construction and satisfaction of all
obligations in accordance with the bond, the County shall eliminate the bond.
Notwithstanding, the County may require a new bond for any subsequent work
performed in the public rights-of-way.
D. The construction bond shall be issued by a surety having a minimum rating of A-1 in
Best's Key Rating Guide, Property/Casualty Edition, shall be subject to the approval of
the County Attorney, and shall provide that:
This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by
the County, by certified mail, return receipt requested, of a written notice from the
issuer of the bond of intent to cancel or not to renew.
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E. The rights reserved by the County with respect to any construction bond established
pursuant to this Section are in addition to all other rights and remedies the County may
have under this ordinance, or at law or equity.
F. The rights reserved to the County under this Section are in addition to all other rights of
the County, whether reserved in this ordinance, or authorized by other law, and no
action, proceeding or exercise of a right with respect to the construction bond will affect
any other right the County may have.
13.Security Fund.
A. At the time of registration, the registrant shall file with the County Administrator or
his/her designee, for his or her approval, a cash security, a bond, or irrevocable letter of
credit in the sum of fifty thousand dollars ($50,000.00), in a form acceptable to the
County Administrator or a designee, which shall serve, and be referred to, as the
"security fund." For purposes of the bond and irrevocable letter of credit, the registrant
must have as a surety a company qualified to do business in the State of Florida. The
cash security, bond, or irrevocable letter of credit, shall be to secure the full and faithful
performance by the registrant of all requirements, duties and obligations imposed upon
registrant by the provisions of this ordinance, and to pay any taxes, fees or liens. The
bond or irrevocable letter of credit shall be furnished annually, or as frequently as
necessary, and shall provide a continuing guarantee of the registrant's full and faithful
performance at all times. Should the County draw upon the cash security, bond, or
irrevocable letter of credit, the County shall promptly notify the registrant, and the
registrant shall within thirty (30) calendar days restore the cash security, annual bond or
irrevocable letter of credit, to the full required amount. In the event a registrant fails to
perform its duties and obligations imposed upon the registrant by the provisions of this
ordinance, there shall be recoverable, jointly and severally from the principal and surety
of the bond, any damages or loss suffered by the County as a result, including the full
amount of any compensation or indemnification, plus a reasonable allowance for
attorneys' fees, up to the full amount of the bond. The cash security, bond or letter of
credit may be waived by the County Administrator where the County Administrator
determines that the security fund is not necessary to secure the required performance
under this ordinance. The County may from time to time increase the amount of the
security fund to reflect the increased risks to the County and to the public.
B. Additionally, the County, upon thirty (30) days advance written notice clearly stating
the amount and the reason for, and its intention to exercise withdrawal rights under this
subsection, may withdraw an amount from the security fund, provided that the registrant
has not reimbursed the County for such amount within the thirty (30) days notice
period. Withdrawals may be made if the registrant:
(1) Fails to make any payment required to be made under any part of this ordinance.
Nothing in this Section, however, shall create a limitation or prevent the County
from immediately making a withdrawal for non-payment, from the security fund on
the thirty-first (31st) calendar day after the submission of a bill to the Registrant.
(2) Fails to pay any liens relating to the facilities that are due and unpaid.
(3) Fails to reimburse the County for any damages, claims, costs or expenses that the
County has been compelled to pay or incur by reason of any action or non-
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performance by the registrant arising out of the construction, maintenance or
operation of its Communications system or facilities; or
(4) Fails to comply with any provision of this ordinance, which failure the County
determines can be remedied by an expenditure of an amount from the security fund.
C. Within thirty (30) days after receipt of written notice from the County that any amount
has been withdrawn from the security fund, the registrant shall restore the security fund
to the amount specified in this ordinance.
D. The rights reserved to the County with respect to the security fund are in addition to all
other rights of the County, whether reserved by this ordinance or authorized by other
law, and no action, proceeding or exercise of a right with respect to such security fund
will affect any other right the County may have.
14.Enforcement Remedies.
A. In addition to any other remedies available at law or equity, or provided in this
ordinance, the County may apply any one (1) or a combination of the following
remedies in the event a registrant violates this ordinance, or applicable local law, or
order related to use of the public rights-of-way:
(1) Registrant's failure to comply with the provisions of this ordinance, or law
applicable to users and/or occupants of the public rights-of-way, may result in
imposition of penalties to be paid by the registrant to the County in an amount of
not less than one hundred dollars ($100.00) per day, or part thereof that the
violation continues.
(2) A registrant's failure to obtain a permit before commencing work, except in cases
of an emergency, may result in imposition of penalties to be paid to the County in
an amount of not less than one thousand dollars ($1,000.00) per day, or part thereof
that the violation continues.
(3) In addition to or instead of any other remedy, the County may seek legal or
equitable relief from any court of competent jurisdiction.
B. Before imposing a fine pursuant to this Section, the County Administrator or a designee
shall give written notice of the violation and its intention to assess such penalties, which
notice shall contain a description of the alleged violation. Following receipt of such
notice, the registrant shall have thirty (30) days to either:
(1) Cure the violation and the County Administrator or a designee shall make good
faith reasonable efforts to assist in resolving the violation, or
(2) File an appeal in accordance with Section 7(P).
If the violation is not cured within that thirty-day period, and no appeal is filed, the
County may collect all fines owed, beginning with the first day of the violation, either
by removing such amount from the security fund or through any other means allowed
by law.
C. In determining which remedy or remedies are appropriate, the County shall take into
consideration the nature of the violation, the person or persons bearing the impact of the
violation, the nature of the remedy required in order to prevent further violations and
such other matters as the County determines are appropriate to the public interest.
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D. Failure of the County to enforce any requirements of this ordinance shall not constitute
a waiver of the County's right to enforce that violation or subsequent violations of the
same type or to seek appropriate enforcement remedies.
E. In any proceeding before the County Commission wherein there exists an issue with
respect to a registrant's performance of its obligations pursuant to this ordinance, the
registrant shall be given the opportunity to provide such information as it may have
concerning its compliance with the terms of the ordinance. The County Commission
may find a registrant that does not demonstrate compliance with the terms and
conditions of this ordinance in default and apply any one (1) or combination of the
remedies otherwise authorized by this ordinance.
F. The County Administrator or his/her designee shall be responsible for administration
and enforcement of this ordinance, and is authorized to give any notice required by law.
G. Nothing in this ordinance shall affect the remedies the registrant has available under
applicable law.
15.Force Majeure.In the event a registrant's performance of or compliance with any of the
provisions of this ordinance is prevented by a cause or event not within the facility owner's
control, such inability to perform or comply shall be deemed excused and no penalties or
sanctions shall be imposed as a result thereof, provided, however, that such owner uses all
practicable means to expeditiously cure or correct any such inability to perform or comply.
For purposes of this ordinance, causes or events not within a facility owners control shall
include, without limitations, acts of God, floods, earthquakes, landslides, hurricanes, fires
and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage,
strikes and restraints imposed by order of a governmental agency or court. Causes or events
within registrant's control, and thus not falling within this Section, shall include, without
limitation, registrant's financial inability to perform or comply, economic hardship, and
misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers,
employees, contractors or agents.
16.Reservation of Rights.
A. The County reserves the right to amend this ordinance as it shall find necessary in the
lawful exercise of its police powers.
B. This ordinance shall be applicable to all Communications facilities permitted to be
placed in the public rights-of-way, on or after the effective date of this ordinance, and
shall apply to all existing Communications facilities in the public rights-of-way prior to
the effective date of this ordinance, to the full extent permitted by state and federal law.
Providers with existing lines and cables have one hundred twenty days (120) from the
effective date of this ordinance to comply with the terms of this ordinance, or be in
violation thereof.
C. The County reserves to itself the right to intervene in any suit, action or proceeding
involving any provision of this ordinance. Registrant agrees to advise County of any
such suits.
17.Repealing of Conflicting Ordinances.All ordinances or part of ordinances, and all
resolutions or part of resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
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18.Applicability.This Ordinance is not applicable to providers or facilities in the Rights-of-way
related to the provision or operation cable service, cable systems, open video systems or to
towers and pole mounted antennas related to the provision of wireless service.
19.Savings.All fees, charges and financial obligations previously accrued pursuant to any
ordinances and resolutions repealed pursuant to subsection 18. above, shall continue to be
due and owing until paid.
CHAPTER VII
SECTION 7.10.23 TELECOMMUNICATIONS TOWER SITING
A.Purpose.The purpose of this section is to establish regulations and requirements for the
siting of wireless telecommunications facilities. All new towers or antennas in the County
shall be subject to these regulations, except where specifically excluded. The section is
intended to accomplish the following:
1.Protect and promote the public health, safety and general welfare of the residents
of the unincorporated areas of the County;
2.Minimize potential impacts of towers upon residential areas and land uses;
3.Encourage and promote the location of towers in nonresidential areas, where the
adverse impact on the community is minimal;
4.Minimize the total number of towers throughout the community by strongly
encouraging the collocation of antennas on new and pre-existing tower sites as a
primary option rather than construction of additional single-use towers;
5.Encourage and promote users of telecommunications towers and antennas to
configure them in a way that minimizes the adverse visual impact of the
telecommunications towers and antennas through careful design, siting, landscape
screening, and innovative camouflaging techniques; and
6.Minimize potential damage to property from wireless telecommunications towers
and telecommunications facilities by requiring such structures be soundly
designed, constructed, modified and maintained and in compliance with all
requirements of the Building Code applicable to similar structures; and
7.Enhance the ability of the providers of telecommunications services to provide
such services to the community through an efficient and timely application
process.
8.The 96 Act grants the Federal Communications Commission ("FCC") exclusive
jurisdiction over the regulation of radio signal interference among users of the
radio frequency spectrum.
9.Under the 96 Act, the County cannot regulate the placement, construction, and
modification of a wireless telecommunications tower on the basis of the
environmental effects of radio frequency emissions to the extent that such
facilities comply with FCC regulations concerning such emissions.
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10.Establish procedural requirements and substantive criteria applicable for the
review and approval or denial of applications for eligible facilities modification;
11.Ensure that application submittal requirements are related to information
reasonably necessary to the determination of whether or not the proposed
modification will result in a substantial change in the physical dimensions of the
eligible structure;
12.Exempt facilities modifications approved under this article as eligible facilities
requests from zoning and development regulations that are inconsistent with
Section 6409 of the Spectrum Act; and
13.Preserve the County’s right to continue to enforce and condition approvals under
this article on compliance with generally applicable building, structural, electrical,
and safety codes and with other laws codifying objective standards reasonably
related to health and safety.
In furtherance of these goals, the County will at all times give due consideration to the County's
Comprehensive Plan, zoning maps, existing land uses, and environmentally sensitive areas,
including hurricane preparedness areas, in approving sites for the location of towers and
antennas.
B.Definitions. The terms used in this Section , the following terms will have the meanings
set forth below, and will have control over any other definitions contained in the County’s Code:
in the Land Development Code, Chapter II – Definitions, Section 2.00.00. – Definitions.
"Accessory Use" means a secondary use including a use that is related to, incidental to,
subordinate to and subservient to the main use of the property on which an antenna and or
telecommunications tower is sited.
"Alternative, Camouflage or Stealth Tower or Antenna Structure" means a design mounting
structure that encloses, obscures or conceals the presence of an antenna or telecommunications
tower (for example, man-made trees, clock towers, bell steeples, light poles, utility poles, and
similar alternative designs.).
"Antenna" means a transmitting and/or receiving device mounted on a telecommunications
tower, building or structure and used in wireless telecommunications services that radiate or
capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless
communications signals and other communications signals including directional antennas such as
panel and microwave dish antennas, and omni-directional antennas such as whips, but excluding
radar antennas, amateur radio antennas and satellite earth stations.
"Applicant" [owner, licensed contractor, and/or lessee] means a person or entity with owner
authorization, with an application before the County for a permit for a wireless service facility.
"Broadcasting Facility" means any telecommunications tower built primarily for the purpose of
broadcasting AM, FM or television signals.
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"Building-permit Review" means a review for compliance with building constructions standards
adopted by the County under Chapter 553 and Chapter XIII of the County Land Development
Code and does not include a review for compliance with land development regulations.
“Carrier" means a company licensed by the Federal Communications Commission (FCC) that
provides wireless services. A tower builder or owner is not a carrier unless licensed to provide
wireless services.
"County" means the County of St. Lucie, a political subdivision of the State of Florida, in its
present form or in any later reorganized, consolidated, or enlarged form.
"Collocation" means the situation when a second or subsequent wireless carrier use an existing
structure to locate a second or subsequent antennas. The term includes the ground, platform, or
roof installation of equipment enclosures, cabinets, or buildings, and cables, brackets, and other
equipment associated with the location and operation of the antenna.
"Equipment Building" means the cabinets, shelter, building or other such structure which
contains the electronic equipment used in the operation of the antenna. Unless, the context
indicates otherwise, the term includes generators, generator fuel supplies, cable connections and
supports electrical panels and similar accessory components.
"Essential Services" means those services provided by the County and other governmental
entities that directly relate to the health and safety of its residents, including fire, police and
rescue.
“Existing Structure" means a structure that exists at the time an application for permission to
place antennas on a structure is filed with the County. The term includes any structure that can
structurally support the attachment of antennas in compliance with applicable codes.
"Fair Market Value" "FAA" means the Federal Aviation Administration.
means the price at which a willing seller, or telecommunications tower owner, and willing buyer,
or service provider seeking to rent space on owners' telecommunications tower, will trade.
"Fall Radius" means the distance measured from the center of the base of a tower which defines
the maximum circular area into which the tower any part of a tower may fall in case of structural
failure or collapse.
"FCC" means the Federal Communications Commission.
"Guyed Tower" means a telecommunications tower that is supported, in whole or in part, by guy
wires and ground anchors.
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"Height" when referring to a telecommunications tower or other related structure, means the
vertical distance measured from the finished grade of the parcel to the highest point on the
telecommunications tower or other related structure, including the base pad and any antenna.
"Historic Building, Resource, Structure, Site, Object, or District" means any building, resource,
structure, site, object, or district that has been officially designated as a historic building, historic
resource, historic structure, historic site, historic object, or historic district through a federal, state
or local designation program.
"Land Development Regulations" means any ordinance enacted by the County for the regulation
of any aspect of development, including zoning, subdivisions, landscaping, tree protection, or
signs, the County's comprehensive plan, or any other ordinance concerning any aspect of the
development of land. The term does not include any building construction standard adopted
under and in compliance with Chapter 553.
"Lattice Tower" means a telecommunications tower that is constructed to be self-supporting by
lattice type supports and without the use of guy wires or other supports.
"Microwave Dish Antenna" means a dish-like antenna used to link telecommunications sites
together by wireless transmission and/or receipt of voice or data.
"Monopole Tower" means a telecommunications tower consisting of a single pole or spire self-
supported on a permanent foundation, constructed without guy wires, ground anchors, or other
supports.
"Pre-Existing Towers and Pre-Existing Antennas" means any telecommunications tower or
antenna for which a building permit or special use permit has been properly issued and finalized
prior to the effective date of this Ordinance, including permitted telecommunications towers or
antennas that have not yet been constructed so long as such approval is current and not expired.
"Search Area" means the geographic area, in which a telecommunications facility must be
located in order to provide coverage of the applicant/tenant's designed service areas certified by
an affidavit of a Radio Frequency Engineer.
"Whip Antenna" means a cylindrical antenna that transmits signals in three hundred sixty (360)
degrees.
"Wireless or Telecommunications Tower" means any structure, and support thereto, designed
and constructed primarily for the purpose of supporting one (1) or more antennas intended for
transmitting or receiving wireless telecommunications services, telephone, radio and similar
communication purposes, including lattice, monopole and guyed telecommunications towers.
Unless otherwise expressly excluded, the term includes transmission telecommunications towers,
microwave telecommunications towers, common-carrier telecommunications towers, cellular
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telephone telecommunications towers, alternative telecommunications tower structures, among
others.
"Wireless Communications or Telecommunications Facility" means any equipment or facility
used to provide wireless telecommunications service and may include, but is not limited to,
antennas, towers, equipment enclosures, cabling, antenna brackets, and other such equipment.
Placing a wireless communications facility on an existing structure does not cause the existing
structure to become a wireless communications facility. Such definition shall not include
facilities of a governmental entity where such facilities are utilized to provide intra-governmental
communications, not generally available to the public, to protect the health, safety and welfare of
the public, including but not limited to the South Florida Water Management District.
C.General.
1.Telecommunications towers may be located as a permitted use in the "AG-5"
Agricultural-5, "IL" Industrial Light, "IH" Industrial Heavy, and "U" Utility
Zoning Districts subject to the requirements of Section 7.10.23.
Telecommunications towers may be located as a conditional use, subject to the
requirements of Section 7.10.23 and Section 11.07.00, in all remaining zoning
districts. A proposed Telecommunications Tower in a residential zoned district
must be Stealth and may be approved as a conditional use. A proposed
Telecommunications Tower must include the attachment of a Wireless
Communications Facility such as Antennas to be used for the provision of
Wireless Telecommunications Services. A proposed Telecommunications Tower
that does not include Wireless Communications Facilities to be used for the
provision of Wireless Telecommunications Service shall not be approved in any
zoning district.
2.Priority siting locations.
a.Any new Wireless Communications Facility including but not limited to a
Tower shall be subject to a determination of the appropriate siting location
priorities range from 1 to 7, with the preferred siting location found in
Priority 1 and the least desirable siting location found in Priority 7. In the
event that a proposed Wireless Communications Facility or Tower cannot
be sited to comply with a location in Priority 1, the development
application shall demonstrate why a lower priority site is necessary. The
information to demonstrate why a higher siting priority is not feasible may
include the information set forth in subsection 7.23.10(C)(5)(a). In
addition, the collocation preference set forth in subsection 7.23.10(C)(4)
shall take precedence over the siting of a new Tower in any siting priority.
b.Priority 1. Collocation of a wireless communications facility on existing
towers or antenna support structures is preferred. Notwithstanding this
provision, a tower or wireless communications facility on County-owned
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property, not including property within the public rights-of-way, with an
appropriate agreement with the County, shall be considered a Priority 1
siting location. Nothing herein shall require that the County provide
access to County owned or controlled property. Only when it can be
demonstrated that there are no feasible existing towers, structures or site
on County-owned property for the proposed tower, can an applicant
propose a lower priority site for a proposed tower.
c.Priority 2. If a proposed wireless tower or communications facility cannot
be located on a site specified in Priority 1, the applicant may propose a
new monopole or stealth tower on property designated "AG-5"
Agricultural-5, "IL" Industrial Light, "IH" Industrial Heavy, and "U"
Utility on the zoning map.
d.Priority 3. If a proposed wireless communications facility cannot comply
with Priorities 1 or 2, the applicant may propose a new monopole or
stealth tower on property designated “CG” Commercial General, “CO,”
Commercial Office, or “CN” Commercial Neighborhood on the zoning
map.
e.Priority 4. If a proposed new telecommunications tower cannot comply
with Priority 1, 2, or 3, the applicant may propose a new monopole or
stealth tower on property within any other zoning district other than
residential zoning district on the zoning map unless specifically excluded.
f.Priority 5. If a proposed new telecommunications tower cannot comply
with Priority 1, 2, 3, or 4 the applicant may propose a new tower (that does
not have to be a monopole or stealth tower) on property owned by the
County or on property designated "AG-5" Agricultural-5, "IL" Industrial
Light, "IH" Industrial Heavy, and "U" Utility, “CG” Commercial General,
“CO,” Commercial Office, or “CN” Commercial Neighborhood on the
zoning map.
g.Priority 6. If a proposed new telecommunications tower cannot comply
with Priority 1, 2, 3, 4 or 5, the applicant may propose a new tower (that
does not have to be a monopole or stealth tower) on property within any
other zoning district other than residential zoning on the zoning map.
h.Priority 7. If a proposed new telecommunications tower cannot comply
with Priority 1, 2, 3, 4, 5, or 6, the applicant may propose a new stealth
tower on property within a residential zoning district on the zoning map.
3.Telecommunications towers may be located as a permitted use on the same
property as another use. A different existing use on the same lot or parcel that is
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proposed to have a telecommunications tower located on it shall not preclude the
installation of that telecommunication tower if the other requirements of this
section can be met.
4.Broadcasting Facilities/Amateur Radio Station Operators/Receive Only Antennas.
This Ordinance will not govern any telecommunications tower, or the installation
of any antenna, that is for the use of a broadcasting facility or is owned and
operated by a federally licensed amateur radio station operator or is used
exclusively for receiving only antennas. Telecommunications facilities owned
by the County shall not be subject to this Section 7.10.23, except as specifically
referred to herein to the extent not inconsistent with applicable law.
5.Except to the extent not consistent with applicable law, the County hereby
establishes a preference for the use of approved pre-existing towers, structures
and technologies when feasible for the applicant’s proposed wireless
telecommunications service, as opposed to the construction of new towers, with
respect to all siting priorities. Collocation of telecommunications antennas by
more than one (1) provider on pre-existing telecommunications towers, structures,
or technologies shall take precedence over the construction of new
telecommunications towers. Accordingly, each application shall include a written
report certified by a professional licensed engineer licensed to practice in the State
of Florida, stating that the applicant has reviewed the County's inventory of
existing towers, antennas and approved sites within the search area for collocation
opportunities on an existing site, and that no existing tower or structure within
one-half-mile the search area of the proposed site can accommodate, or be
modified to accommodate the applicant's proposed facility.
6.Inventory of Existing Sites.
a. Each applicant shall review the County's inventory of pre-existing towers,
antennas, and approved sites. All requests for sites other than the
inventory shall include specific information concerning the location,
height, and design of the proposed telecommunications tower. No new
telecommunications tower shall be approved unless the applicant
demonstrates to the reasonable satisfaction of the County that no pre-
existing tower, structure or economically or technically feasible alternative
technology that does not require the use of new telecommunications tower
or new structures can accommodate, or be modified to accommodate, the
applicant's proposed antenna. Evidence submitted to demonstrate that no
pre-existing telecommunications tower, structure or alternative technology
is suitable shall consist of any of the following:
i. An affidavit demonstrating that the applicant made diligent efforts
but was unable to obtain for permission to install or collocate the
applicant's telecommunications facilities on County owned
telecommunications towers or usable antenna support located
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within as applicable, the search area or a one-half-mile radiuses of
the proposed telecommunications tower site.
ii. An affidavit demonstrating that the applicant made diligent efforts
to install or collocate the applicant's telecommunications facilities
on pre-existing towers or useable antenna support structures owned
by other persons located within as applicable, the search area or a
one-half-mile radius of the proposed telecommunications tower
site, but was unable to obtain permission.
iii. Pre-eExisting towers or structures do not have sufficient structural
strength and cannot reasonably be modified to support applicant's
proposed antenna and related equipment as demonstrated by
supporting plans and calculations by a licensed engineer
experienced in the design of wireless telecommunications
facilities.
iv. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the pre-existing towers or
structures, or the antenna on the pre-existing towers or structures
would cause interference with the applicant's proposed antenna and
such interference cannot reasonably be eliminated.
v. The fees, costs, or contractual provisions required by the owner in
order to share an existing tower or structure to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding
new tower development are presumed to be unreasonable.
vi. The applicant demonstrates that there are other limiting factors that
render existing towers or structures unsuitable.
vii. The applicant demonstrates that alternative technology used in the
wireless telecommunications business and within the scope of
applicant's FCC license, is economically or technically not
feasible.
b. The County may share such information as provided in Section
7.10.23(I)(2)(a) with other applicants applying for a permitted use on
private property and conditional use under this section or other
organizations seeking to locate antennas within the jurisdiction of the
County provided, however, that the County is not, by sharing such
information, in any way representing or warranting that such information
is accurate or that such sites are available or suitable.
7.No signals, artificial lights, or illuminations shall be permitted on any tower or
antenna unless required by the FAA or other applicable authority. If lighting is
required, the lighting alternatives and design chosen must cause the least
disturbance to the surrounding views.
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8.Other than warning signs, no signs, including commercial advertising, logos,
political signs, flyers, or banners shall be allowed on any part of a
telecommunications tower. Any signs placed in violation of this section shall be
removed at the expense of the owner.
All warning signage shall conform with the requirements of Chapter 9.00.00 of
this Code. Notwithstanding those requirements, the following provisions shall
apply:
a.The warning signs may be attached to free standing poles if the content of
the signs may be obstructed by landscaping.
b. The County reserves the right to modify or waive the above requirements
to avoid visual clutter and to better apply the goals of this section.
c.Warning signs shall include the name of the owner(s) and operators and a
twenty-four-hour emergency telephone number posted adjacent to the
gate.
d. If high voltage is necessary for the operation of the telecommunications
tower or any accessory structures, "HIGH VOLTAGE—DANGER"
warning signs shall be permanently attached to the fence or wall
surrounding the structure and spaced no more than forty (40) feet apart.
e."NO TRESPASSING" warning signs shall be permanently attached to the
fence or wall and spaced no more than forty (40) feet apart.
f.The height of the lettering of the warning signs shall be at least twelve
(12) inches in height. The warning signs shall be installed at least five (5)
feet above the finished grade.
9.Parking shall be in compliance with Section 7.05.00 and 7.06.00 of this Code.
10.All telecommunications towers, and the accessory building(s) and/or equipment
associated with the towers, shall be enclosed by opaque security fencing eight (8)
feet in height and the tower shall be equipped with an appropriate anti climbing
device, regardless of the zoning district in which the tower is located, provided,
however, the County may waive such requirements.
11.Telecommunication tower setbacks and separation standards, as provided in
Sections 7.10.23(M) and 7.10.23(N)(1) of this Code shall be calculated and
applied to telecommunications tower facilities located in the County irrespective
of municipal and county jurisdictional boundaries.
12.Telecommunications towers shall be regulated and permitted pursuant to this
Section and shall not be regulated as essential services, public utilities, or private
utilities.
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13.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 shall file a copy of all required licenses
with the County.
D.Applications for New Wireless Telecommunications Towers and Antennas.
1. Prior to submitting an application for a new Tower or antenna, the applicant shall
engage in a pre-submission meeting with the County Administrator. At the
discretion of the County Administrator, such meeting may be waived, or may be
conducted via telephone or electronic communications. The County shall grant or
deny each properly completed application for any wireless communications
facility, not otherwise subject to Sec. K , based on the applicant's compliance with
the County's applicable regulations, including but not limited to land development
regulations, consistent with this subsection and within the normal time frame for a
similar type of review but in no case later than ninety (90) business days after the
date the application is determined to be properly completed in accordance with
this paragraph.
2. a.Completeness of Applications.
An application is deemed submitted or resubmitted on the date the application is
received by the County. If the County does not notify the applicant in writing that
the application is not completed in compliance with the County's regulations
within twenty (20) business days after the date the application is initially
submitted or additional information resubmitted, the application is deemed, for
administrative purposes only, to be properly completed and properly submitted.
However, the determination shall not be deemed as an approval of the application.
If the application is not completed in compliance with the County's regulations,
the County shall so notify the applicant in writing and the notification must
indicate with specificity any deficiencies in the required documents or
deficiencies in the content of the required documents or deficiencies in the content
of the required documents which, if cured, make the application properly
completed. Upon resubmission of information to cure the stated deficiencies, the
County shall notify the applicant, in writing, within the normal time frame of
review, but in no case longer than twenty (20) business days after the additional
information is submitted, of any remaining deficiencies that must be cured.
Deficiencies in document type or content not specified by the County do not make
the application incomplete. Notwithstanding this subparagraph, if a specified
deficiency is not properly cured when the applicant resubmits its application to
comply with the notice of deficiencies, the County may continue to request the
information until such time as the specified deficiency is cured. The County may
establish reasonable time frames within which the required information to cure
the application deficiency is to be provided or the application will be considered
withdrawn or closed.
b.Supplements to Applications.
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If an application is subject to a state or federal timeframe for review and
determination (i.e. “shot clock”), to allow sufficient time for review, an applicant
may not submit corrected, new or supplemental materials unless an applicant was
notified that the application was incomplete, without the consent of the County
Administrator. The County Administrator may determine not to review or to
provide comment on corrected, new or supplemental materials after the
application is scheduled for a public hearing without good cause.
3. If the County fails to grant or deny a properly completed application for a wireless
communications facility within the time frames set forth in this subsection D., the
application shall be deemed automatically approved and the applicant may proceed with
placement of such facilities without interference or penalty. The time frames specified in
this subsection D. may be extended only to the extent that the application has not been
granted or denied because the County's procedure generally applicable to all other similar
types of applications permits, require action by the Board of County Commissioners and
such action has not taken place within the time frames specified in this subsection 5.
Under such circumstances, the County will act to either grant or deny the application at
its next regularly scheduled meeting or otherwise, the application is deemed to be
automatically approved. The County may request, but not require, a waiver of the
timeframes by the applicant, except that, with respect to a specific application, a one-time
waiver may be required in the case of a declared local, state, or federal emergency that
directly affects the administration of all permitting activities of the County. Applicants
regulated by this Ordinance may request a subsequent or additional pre-application
conference with the County. Such request shall be submitted with a non refundable fee of
five hundred dollars ($500.00) to reimburse the County for the cost and fees incurred by
the such conference.
E.Building Codes/Safety Standards.The construction, maintenance, operation and repair of
telecommunications facilities are subject to the supervision of the County to the extent
not otherwise prohibited by F.S. § 365.172, the 96 Act or the Spectrum Act, and shall be
performed in compliance with all applicable laws, ordinances, departmental rules and
regulations and practices affecting such structures including, but not limited to, zoning
codes, building codes, and safety codes, and as provided below.
1. All telecommunication towers 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
towers prior to issuance of a building permit by the County. If such applicable
standards and regulations are changed, then the owners of the telecommunications
towers governed by this Ordinance shall bring such towers and antennas 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. Unless otherwise prohibited
by applicable federal or state law, failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute a
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violation of this Ordinance and grounds for the removal of the tower at the
expense of the owner.
2. To ensure the structural integrity of telecommunications towers, the owner shall
construct and maintain the telecommunications tower in compliance with all
applicable building codes, other applicable codes and standards as amended from
time to time. A statement shall be submitted to the County by a professional
licensed engineer certifying compliance with this subsection. Where a preexisting
structure, including light and power poles, is requested as a camouflage facility by
the owner, the facility, and all modifications thereof, shall comply with all
requirements as provided in this section.
3. Although the County will not require wireless providers to provide evidence of a
wireless communications facility's compliance with federal regulations except
evidence of compliance with applicable Federal Aviation Administration
requirements, and evidence of proper FCC license or other evidence of FCC
authorized spectrum use, the County may request the FCC to provide information
as to a wireless provider's compliance with federal regulations, as authorized by
federal law.
F.Requirement of Site Plan and Engineering Report.All applicants for new towers and
towers which are modified or reconstructed to accommodate additional antennas shall
submit a written report certified by a professional licensed engineer licensed to practice
in the State of Florida. The report shall include: all information required by Section
11.02.09.A(1), (2), (3) and (5) of the Land Development Code of St. Lucie County except
to the extent such information is determined to be not applicable by the Building
Department or otherwise prohibited by applicable state or federal law. In addition, the
report shall include the following:
1.A site plan of the property within three hundred percent (300%) of the tower
height of the tower drawn to scale prepared in accordance with the requirements
of Section 11.02.00 of this Code, including, but not limited to:
a. Site plan development consistent with Section 11.02.00 including:
i. A tax parcel number, legal description of the parent tract and
leased parcel, total acres, and Section/Township/Range of the
subject property;
ii. The lease parcel fully dimensioned, including property lines,
setbacks, roads on or adjacent to the subject property, easements;
iii. Outline of all existing buildings, including a purpose (i.e.,
residential buildings, garages, accessory structures, etc.) on subject
property located within three hundred percent (300%) of the tower
height from the tower;
iv. All existing vegetation, by mass or individually by diameter,
measured four (4) feet from the ground of each stand-alone tree on
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the subject property located within three hundred percent (300%)
of the tower height of the tower
v. Proposed/existing security barrier, indicating type and extent as
well as point of controlled entry;
vi. Proposed/existing access easements, utility easements, and parking
for the telecommunications tower;
vii. All proposed changes to the subject property, including grading,
vegetation removal, temporary or permanent roads and driveways,
storm water management facilities and any other construction or
development attendant to the telecommunications tower;
viii. If applicable, on-site and adjacent land uses, and Comprehensive
Plan classification of the site.
2.Type of tower and specifics of design.
a.Scaled renderings of elevations depicting the design of the tower and
associated equipment including but not limited to the antennas, mounts,
equipment shelters, cable as well as cable runs, fencing, landscaping and
security barrier, if any.
b.A statement that the proposed tower, within a reasonable period following
the completion of construction, will be used for the provision of wireless
communications services. If the applicant or tower owner is not a carrier
or provider of wireless communications services, the application shall
include appropriate documentation confirming that the tower will be used
for the attachment of wireless communications facilities for the provision
of wireless communications services. Such documentation may include a
lease or license, with confidential information redacted, between the tower
owner and a provider of wireless communications services.
bc. Materials of the proposed tower specified by generic type and specific
treatment (i.e., anodized aluminum, stained wood, painted fiberglass, etc.
These shall be provided for the antennas, mounts, equipment shelters,
cable as well as cable runs, and security barrier, if any;
cd. Colors of the proposed tower represented by a color board or equivalent
showing actual colors proposed. Colors shall be provided for the antennas,
mounts, equipment buildings, cable as well as cable runs, and security
barrier, if any;
de. Dimensions of the tower specified for all three (3) directions: height,
width and breadth. These shall be provided for the antennas, mounts,
equipment shelters and security barrier, if any; and
ef. A visual impact analysis, with a minimum of two (2) photo digitalization
or photographic superimpositions of the tower within the subject property.
The photo digitalization or photographic superimpositions shall be
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provided for all attachments, including: the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any for the
total height, width and breadth, as well as at a distance of two hundred
fifty (250) feet and five hundred (500) feet from the subject property line
from all properties within that range, or at other points agreed upon in a
pre-application conference.
3.If applicable, a narrative of why the proposed tower cannot comply with the
requirements as stated in this section.
4.Prior to issuance of a permit, current wind-loading capacity and a projection of
wind-loading capacity using different types of antennas as contemplated by the
applicant. No telecommunications tower shall be permitted or be permitted to be
modified so as to exceed its wind-loading capacity.
5.A statement that the proposed tower, including reception and transmission
functions, will not interfere with the customary transmission or reception of radio,
television or similar services as well as other wireless services enjoyed by
adjacent residential and nonresidential properties.
6.Non-interference with Public Safety Telecommunications Facilities. A wireless
communications facility shall not create interference with any public safety
telecommunication facility. Any application for a wireless communications
facility or tower pursuant to this Article shall include a certification from a
Licensed Engineer that the proposed facility is not expected to interfere with or
obstruct transmissions to and from existing public safety telecommunications
facilities. In the event that an authorized County official determines that a
proposed wireless communications facility or tower interferes with a public
safety telecommunications facility or public safety communications, the official
may recommend denial of the application and set forth in writing the reasons for
the recommendation of denial. In the event that a constructed wireless
communications facility or tower does interfere with public safety
telecommunication facilities, it shall be the responsibility of the owner and/or
permittee of the wireless communications facility or tower which creates the
interference or obstruction to make all necessary repairs, and/or
accommodations to alleviate the problem at the owner/permittee's expense. The
County shall be held harmless in this occurrence.To the extent not inconsistent
with applicable law, if the service provider refuses to rectify interference within
twenty-four (24) hours of receiving notice, said violation shall be considered a
zoning violation and all applicable remedies thereto may be imposed for such
violation. In addition,the County may, in addition to the foregoing, file a
complaint with the FCC for resolution and/or seek an injunction and pursue other
actions including criminal sanctions against the service provider pursuant to
Florida law, including but not limited to Florida Statutes, §§ 843.025 and
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843.165. Any person who is found to have violated this Article shall be subject to
sanctions as provided by applicable law.
67. A statement of compliance with Section 7.10.23(E), all applicable Building
Codes, associated regulations and safety standards. For all towers attached to
existing structures, the statement shall include certification that the structure can
support the load superimposed from the telecommunications tower. Except where
provided in Section 7.10.23(C)(3)(a), all towers shall have the capacity to permit
multiple users; at a minimum, monopole towers shall be able to accommodate two
(2) users and, at a minimum, self support/lattice or guyed towers shall be able to
accommodate three (3) users.
78. Any additional information reasonably deemed necessary by the County to assess
compliance with this Code and applicable law.
89. Special fee. The County shall have the right to retain independent technical
consultants and experts that it deems necessary to properly evaluate applications
for individual towers. The special fee shall be based upon the hourly rate of the
independent technical consultant or expert the County deems necessary to
properly evaluate applications for a tower or towers. The special fee shall be
applied to those applications requiring special review or evaluation. The special
fee shall be paid by the applicant to the County.
G.Aesthetics.All telecommunications towers and antennas shall meet the following
requirements:
1.At a telecommunications tower site, the design of the buildings and related
structures shall use materials, textures, screening, and landscaping that will blend
them into the natural setting and surrounding buildings to minimize the visual
impact. Towers and any accessory buildings shall retain their silver/grey factory
finish, or subject to any applicable standards of the FAA, be finished or painted in
stealth or neutral tone colors, so as to reduce visual obtrusiveness.
2.Except as noted in paragraphs 3 and 4 below; all telecommunications tower sites
must comply with the landscaping and screening requirements of the Land
Development Code. The Environmental Resources Director shall require
landscaping in excess of any written requirements as is deemed reasonably
necessary in order to enhance compatibility with adjacent residential and
nonresidential land uses. All landscaping shall be properly maintained to ensure
good health and viability at the expense of the owner. Telecommunications tower
facilities shall be landscaped with a buffer of plant materials that effectively
screens the view of the telecommunications tower compound from property used
for residences. The standard buffer shall consist of a landscaped strip at least ten
(10) feet wide outside of the perimeter of the compound, except that, if the tower
compound perimeter abuts a public or private street or road public right-of-way,
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the minimum buffer width shall be fifteen (15) feet. Existing mature growth, not
including exotics, and natural land forms on the site shall be preserved to the
maximum extent possible. In some cases, such as towers sited on large, wooded
lots, natural growth around the property perimeter may be a sufficient buffer. The
Environmental Resources Director shall be responsible for determining if the
existing native perimeter vegetation meets the intent of this Code. All areas
disturbed during project construction shall be replanted with vegetation according
to Section 7.09.00, of this Code.
3.If an antenna is installed on a structure other than a telecommunications tower, the
antenna and supporting electrical and mechanical equipment must be of a neutral
color that is identical to, or closely compatible with, the color of the supporting
structure so as to make the antenna and related equipment as visually unobtrusive
as possible.
4.The Board of County Commissioners may consider total or partial relief from the
required perimeter landscaping requirements of Paragraph 2 above, if the
proposed Telecommunications Tower meets all of the following standards and
criteria:
a.The Telecommunications Tower is located in an AG-5, AG-2.5, AG-1, IL,
IH or U Zoning district.
b.The proposed Telecommunications Tower is located a minimum of one
thousand (1,000) feet, or the tower height, whichever is greater, from the
nearest public street or road right-of-way, public park or playground,
public or private school (primary or secondary educational facility),
habitable residential structure or any area zoned for residential or
commercial uses. For the purpose of this paragraph this restriction shall
apply to all properties regardless of political boundary.
c.The proposed Telecommunications Tower base must be screened from
view by either existing vegetation, intervening buildings, structures or
other physical or made features meeting the intent of this code.
d.It is demonstrated to the satisfaction of the Board of County
Commissioners that the planting of any vegetation would result in the high
probability of general plant mortality due to unacceptable soil conditions
that cannot otherwise be resolved through replacement of the soil or other
form of soil treatment.
In considering any request for relief under the provisions of this section, the
Board of County Commissioners may impose reasonable limiting conditions
associated with that relief.
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5.The provisions of this paragraph shall not apply to wireless facilities erected or
attached to any existing telecommunications tower or existing building or
structure except that any support buildings or structures for the additional antenna
or antenna arrays must be screened compliant with the intent of this code.
6.The County reserves the right to require that any new towers be designed as
stealth or camouflaged an alternative tower structure.
7.Cell on Wheels (“COW”). Notwithstanding any other provisions of this Section
7.10.23, the County Administrator may allow the installation of a cell-on-wheels
in accordance with the following:
a.During documented states of emergency as declared by the County
Administrator,
b.To continue the provision of personal wireless service during
construction or maintenance of a wireless communications facility,
c.For testing purposes,
d.For special events, or
e.As otherwise authorized by the FCC.
The County Administrator is limited to allowing the installation of each cell-on-
wheels for up to ninety (90) total days. Approval by the County Administrator of
a COW on County property shall not convey any title, equitable or legal, in
County property. The Board of County Commissioners may extend the period
of time in which a cell-on-wheels is allowed for good cause by resolution. The
owner of the cell-on-wheels shall agree to indemnify the County and shall
provide appropriate evidence of insurance and the fund in compliance with
subsection H of this Section.
H.Security Fund.Every Telecommunications service provider shall establish a cash security
fund, or provide the County with an irrevocable letter of credit in 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(Q), in the event the owner fails to comply with
the provisions of Section 7.10.23( Q). The amount of the cash security fund, or letter of
credit, or, bond is to be provided as follows:
1.For each commercial telecommunication tower, cell-on-wheels, and the initial set of
antenna or antenna array $25,000
2.For each co-located telecommunication providers provider’s antenna or antenna $5,000
4.C.c
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array
I.General Requirements for the Location of New Wireless Telecommunications Towers on
County Property.In addition to the other standards of this section, every new
telecommunications tower proposed for location on any property owned, leased, and/or
controlled by St. Lucie County shall be subject to the following minimum standards:
1.Lease Required. Any new construction, installation or placement of a
telecommunications facility on any property owned, leased, and/or controlled by
the County shall require a Lease Agreement executed by the County and the
owner of the facility. Notwithstanding any provision in the County Code to the
contrary, subject to applicable state and federal law, telecommunications towers
shall not be allowed in the public rights-of-way controlled by the County. The
County may require, as a condition of entering into a Lease Agreement with a
telecommunications services provider, the dedication of space on the facility for
public health and safety purposes, as well as property improvements on the leased
space. Any dedications and improvements shall be negotiated prior to execution
of the lease.
2.Incentive to collocate facilities on County property. Pursuant to the intent of this
Ordinance, the County shall provide the following incentives to tenants in order to
encourage the collocation of telecommunications facilities on County-owned
property:
a.The County shall not require that proposed tTenants seeking to co-locate
on wireless towers on County-owned propertyshall not pay rent to the
facility owner in excess of the fair market value for the space, as
determined at the time of execution of the lease.
b. The County shall may receive a percentage of the rental fees and permit
fees received by the telecommunications facility operators from each
subsequent tenant at a single telecommunications facility located on
County public property consistent with such lease or sublease of County-
owned property. Fees for placement, installation and use of
telecommunications towers and antennas shall be determined by resolution
of the Board.
c. No lease or sublease granted under this section shall convey any exclusive
right, privilege, permit or franchise to occupy or use the public lands of
the County for delivery of telecommunications services or any other
purpose. The County cannot and hereby expressly does not waive or
relinquish any of its land use, regulatory, permitting and police power
authority, approval or enforcement rights and obligations, as they may
relate to government regulations of general applicability which may
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govern property subject to a lease or sublease with the County, any
improvements thereon, or any operations on the property. Nothing in any
lease or sublease with the County shall be deemed to create an affirmative
duty of the County to abrogate its right to exercise its police power and
governmental powers by approving or disapproving or taking any other
action in accordance with its zoning and land use codes, administrative
codes, ordinances, rules and regulations, federal laws and regulations,
state laws and regulations and grant agreements, as they may be amended.
d. No lease granted under this section shall convey any right, title, or interest
in the public lands other than a leasehold interest, but shall be deemed
only to allow the use of the public lands for the limited purpose and term
stated in the lease agreement. No lease granted under this section shall be
construed as a conveyance of a fee title interest in the property.
e. The Board of County Commissioners shallmay adopt by resolution a
standard fee schedule to be used in the calculation of lease rates for the use
of County property for establishing a telecommunications tower site.
3.Indemnification and insurance requirements.
Indemnification
a. The County shall not enter into any lease agreement or otherwise allowing
tower siting by a telecommunications service provider until and unless the
County obtains an adequate indemnification from such provider. This
indemnification must at least:
(1) Release the County from and against any and all liability and
responsibility in or arising out of the construction, operation, or
repair of the telecommunications facility. Each
telecommunications facility operator must further agree not to use
or seek any money or damages from the County in connection with
the above mentioned matter;
(2) Indemnify and hold harmless the County, its elected and appointed
officers, agents, servants and employees, from and against any and
all claims, demands, or causes of action whatsoever kind or nature,
and the resulting losses, costs, expenses, reasonable attorney's fees,
liabilities, damages, orders, judgments or decrees, sustained by the
County or any third party arising out of, or by reason of, or
resulting from, or out of each telecommunications facility
operator's, or its agent's, employee's, or servant's negligent acts,
errors, or omissions; and,
(3) Provide that the covenants and representations relating to the
indemnification provision shall survive the term of any agreement
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and continue in full force and effect as to the responsibility of the
party to indemnify.
Insurance
a. The County may not enter into any lease agreement, or otherwise
authorize a tower site by any telecommunications service provider until
and unless the County obtains assurance that such operator (and those
acting on its behalf) have adequate insurance as determined by the County
Personnel/Risk Manager. At a minimum, the following insurance
requirements shall be satisfied:
(1) A telecommunications facility operator shall not commence
construction or operation of the facility without obtaining all
insurance required under this section and approval of such
insurance by the County Personnel/Risk Manager, nor shall a
telecommunications facility operator allow any contractor or
subcontractor to commence work on its contract or subcontract
until all similar such insurance required of the same has been
obtained and approved by the County Personnel/Risk Manager.
The required insurance must be obtained and maintained for the
entire period the telecommunications facility is in existence. If the
operator, its contractors or subcontractors do not have the required
insurance, the County may order such entities to cease operation of
the facility until such insurance is obtained and approved.
(2) Certificate(s) of such insurance, reflecting evidence of the required
insurance shall be filed with the County personnel/Risk Manager.
For entities that are entering the market, the certificates shall be
filed prior to the commencement of construction and once a year
thereafter, and as provided below in the event of a lapse in
coverage.
(3) The certificate(s) of insurance shall contain a provision that
coverages afforded under such policies shall not be cancelled until
at least thirty (30) days prior written notice has been given to the
County. All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida.
(4) Where applicable, in the event that the insurance certificate
provided indicates that the insurance shall terminate or lapse
during the term of the lease agreement with the County, then in
that event the telecommunications facility operator shall furnish, at
least thirty (30) days prior to the expiration of the date of such
insurance, a renewed certificate of insurance as proof that equal
and like coverage remains in effect for the balance of the lease
term.
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b. A telecommunications facility operator and its contractors or subcontracts
engaged in work on the operator's behalf, shall maintain minimum
insurance, in the amounts determined by the County Personnel/Risk
Manager, to cover liability, bodily injury and property damage. The
insurance shall cover the following exposures: premises, operations, and
certain contracts. Such coverage shall be written on an occurrence basis
and shall also be required under any lease agreement between the County
and the telecommunications facility operator.
J.Initial Wireless Telecommunications Antennas on Existing Structures.Any
telecommunications antenna which is not attached to a tower shall may be approved by
the Building Director following a building permit review as an accessory use to any
commercial, industrial, institutional, or multi-family structure of three (3) or more stories
provided:
1.The antenna does not extend more than twenty (20) feet above the highest point
of the structure; and
2.The antenna complies with all applicable FCC and FAA regulations and all
applicable building codes; and
3.Wall-mounted antennas shall be located as close as possible but no more than
four (4) feet from the face of the wall of the building to which it is attached; and
4.To minimize adverse visual impacts, antenna types shall be selected based upon
the following priority: (1) camouflage; (2) whip; (3) panel; and, (4) dish. An
applicant for the construction of a telecommunications tower shall state in
writing why each choice cannot be used for a particular application if that choice
is not the top priority; and
5.Microwave dish antennas located less than sixty-five (65) feet above the ground
may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-
five (65) feet and higher above the ground may not exceed eight (8) feet in
diameter. Ground-mounted dish antennas must be located or screened so as not
to be visible from abutting public streets; and
6.No signals, lights, or illumination shall be permitted on an antenna or equipment
building unless required by the Federal Communications Commission or the
Federal Aviation Administration. Security lighting around the base of the
antenna and equipment building may be provided if such light conforms to the
overspill requirement in the County Code.
K.Colocation of Wireless Antennas on Existing Towers and Structures.An antenna which is
attached to an existing tower and that is not subject to subsection M, Proposed Facilities
Modifications, shall be approved provided such collocation is accomplished in a manner
consistent with the following:
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1.a. The County shall grant or deny each properly completed application that is
not subject to subsection M, Proposed Facilities Modifications, as provided in this
Section, for the collocation of a wireless communications facility within the
County's jurisdiction within the normal time frame for a similar building permit
review but in no case later than forty-five (45) business days after the date the
application is determined to be properly completed in accordance with the
County's application procedures provided the following.
b. Collocations on towers, including non-conforming towers that meet the
requirements in subparagraphs b(i) through b(iii) below, are subject to only
building permit review, which may include a review for compliance with this
subparagraph, such collocations are not subject to any design or placement
requirements of the County's land development regulations in effect at the time of
the collocation that are more restrictive than those in effect at the time of the
initial antennas placement approval, to any other portion of the land development
regulations, or to public hearing review. This subparagraph shall not preclude a
public hearing for any appeal of the decision on the collocation application,
provided the following:
i. The collocation does not increase the height of the tower to which
the antennas are to be attached, measured to the highest point of
any part of the tower or any existing antenna attached to the tower;
and
ii. The collocation does not increase the ground space area,
commonly known as the compound, approved in the site plan for
equipment enclosures and ancillary facilities; and
iii. The collocation consists of antennas, equipment enclosures, and
ancillary facilities that are of a design and configuration consistent
with all applicable regulations, restrictions, or conditions, if any,
applied to the initial antennas placed on the tower and to its
accompanying equipment enclosures and ancillary facilities and, if
applicable, applied to the tower supporting the antenna. Such
regulations may include the design and aesthetic requirements, but
not procedural requirements, other than those authorized by this
section, of the County's land development regulations in effect at
the time the initial antennas placement was approved.
c. Except for a historic building, structure, site, object, or district, a collocation
on all other existing structures that meet the requirements in subparagraphs C(i)
through (iv) below shall be subject to no more than building permit review, and
an administrative review for compliance with this subparagraph. Such
collocations are not subject to any portion of the County's land development
regulations not addressed herein, or to public hearing review. Nothing herein shall
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preclude a public hearing for any appeal of the decision on the collocation
application:
i. The collocation does not increase the height of the existing
structure to which the antennas are to be attached, measured to the
highest point of any part of the structure or any existing antenna
attached to the structure;
ii. The collocation does not increase the ground space area, otherwise
known as the compound, if any, approved in the site plan for
equipment enclosures and ancillary facilities;
iii. The collocation consists of antenna, equipment enclosures, and
ancillary facilities that are of a design and configuration consistent
with any applicable structural or aesthetic design requirements and
any requirements for location on the structure, but not prohibitions
or restrictions on the placement of additional collocations on the
existing structure or procedural requirements, other than those
authorized by this section, of the County's land development
regulations in effect at the time of the collocation application; and
iv. The collocation consists of antenna, equipment enclosures, and
ancillary facilities that are of a design and configuration consistent
with all applicable restrictions or conditions, if any, that do not
conflict with subparagraph (c) and were applied to the initial
antenna placed on the structure and its accompanying equipment
enclosures and ancillary facilities and, if applicable, applied to the
structure supporting the antennas.
d. Regulations, restrictions, conditions, or permits of the County, acting in its
regulatory capacity, that limit the number of collocations or require review
processes inconsistent with this subsection, shall not apply to collocations
addressed in this paragraph.
e. If only a portion of the collocation does not meet the requirements of this
subparagraph, such as an increase in the height of the proposed antenna over the
existing structure height or a proposal to expand the ground space approved in the
site plan for the equipment enclosure, where all other portions of the collocation
meet the requirements of this subparagraph, the portion of the collocation only
may be reviewed under the County's regulations applicable to an initial placement
of that portion of the facility, including, but not limited to, its land development
regulations, and within the review time frame specified in subsection D. for the
placement of new towers. The rest of the collocation shall be reviewed in
accordance with this subparagraph. A collocation proposed under this
subparagraph that increases the ground space area, otherwise known as the
compound, approved in the original site plan for equipment enclosures and
ancillary facilities by no more than a cumulative amount of four hundred (400)
square feet or fifty percent (50%) of the original compound size, whichever is
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greater, shall, however, require no more than administrative review for
compliance with the County's regulations, including, but not limited to, land
development regulations review, and building permit review, with no public
hearing. This subparagraph shall not preclude a public hearing for any appeal of
the decision on the collocation application.
f. If a collocation does not meet the requirements of subparagraph K.1.b. and c.,
the County may review the application under the County's regulations, including,
but not limited to, land development regulations, applicable to the placement of an
initial antennas and its accompanying equipment enclosure and ancillary facilities.
g. If a collocation meets the requirements of subparagraph K.1.b. and c, the
collocation shall not be considered a modification to an existing structure or an
impermissible modification of a nonconforming structure.
h. The owner of the existing tower on which the proposed antennas are to be
collocated shall remain responsible for compliance with any applicable condition
or requirement of a permit or agreement, or any applicable condition or
requirement of the land development regulations to which the existing tower had
to comply at the time the tower was permitted, including any aesthetic
requirements, provided the condition or requirement is not inconsistent with this
paragraph.
i. An existing tower, including a nonconforming tower, may be structurally
modified in order to permit collocation or may be replaced through no more than
site plan and building permit review process for approval, and is not subject to
public hearing review, if the overall height of the tower is not increased and, if a
replacement, the replacement tower is a monopole tower or, if the existing tower
is a camouflaged tower, the replacement tower is a like-camouflaged tower. The
subparagraph shall not preclude a public hearing for any appeal of the decision on
the application.
2. An existing tower may be modified or rebuilt up to the same height or to a taller
height, to accommodate the collocation of an additional antenna(s), only if the
modification or reconstruction is in full compliance with Building Code and
requirements consistent with the original site approval process including but not
limited to submission of a site plan. This provision shall include utility and power
poles. This additional height shall not require an additional separation as set forth
in Section 7.10.23(N). The pre-modification tower height shall be used to
calculate such distance separations.
3. A tower which is being rebuilt to accommodate the collocation of an additional
antenna may be moved on site within fifty (50) feet of its existing location,
subject to applicable setback and separation requirements. A relocated on site
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tower shall continue to be measured from the original tower location for purposes
of calculating separation distances between towers pursuant to Section 7.10.23(N)
and shall in no way be deemed to cause a violation of Section 7.10.23(N). A
tower which previously received a conditional use approval may be rebuilt
according to the conditions under which the conditional use was approved.
4. After the tower is rebuilt to accommodate collocation, only one (1) tower may
remain on the site. The initial tower shall be removed within thirty (30) days of
the final inspection for the new tower.
5. Microwave dish antennas located less than sixty-five (65) feet above the ground
may not exceed six (6) feet in diameter. Microwave dish antennas located sixty-
five (65) feet and higher above the ground may not exceed eight (8) feet in
diameter. Ground-mounted dish antennas must be located or screened so as not to
be visible from abutting public streets to the extent not inconsistent with
applicable law.
L. Rooftop Mounted Telecommunications Towers and Antennas.All rooftop towers and
antennas shall comply with the following requirements:
1.The height of any tower or antenna, including support structures, shall not extend
more than fifteen (15) feet above the average height of the roof line; and
2.Rooftop communication facilities shall not adversely affect adjacent properties;
and
3.Screening shall be required to minimize the visual impact upon adjacent
properties; and
4.Rooftop mounted towers and antennas shall only be allowed on buildings that are
at least three stories in height.
M. Proposed Facilities Modification Applications
1.The County shall approve Proposed Facilities Modification Applications that do
not result in a substantial change of a tower or base station and comply with the
requirements as set forth in this subsection M.
2.This subsection M shall not apply to proposed facility modifications to an eligible
support structure that is not a legal conforming, or legal non-conforming structure
at the time a completed eligible facilities modification application is filed with the
County.
3.This subsection M shall not apply to a proposed facility modification to a
structure, other than a tower, that does not, at the time of submittal of the
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application, already house or support transmission equipment lawfully installed
within, or upon, or attached to, the structure.
4.Eligible Facilities Modification Application Requirements. Applications for
eligible facilities modification must meet the following standards:
a.All applications for eligible facilities modification shall be in writing and
accompanied by the applicable application and fee established by
resolution of the County Commission and attested to by the authorized
person submitting the application on behalf of the applicant, certifying the
truth and accuracy of the information provided in the application.
b.No application for eligible facilities modification shall be approved unless
it includes the following information:
(1)The legal and dba names, mailing address, tax Identification
number, and contact phone number(s) of applicant.
(2)If a corporation, the name and address of the registered agent of
applicant in the State of Florida and the State of incorporation of
the applicant.
(3)If applicant is an entity, other than a corporation, such a
partnership or limited liability company, the names and business
addresses of the principles.
(4)An assertion that the proposed facilities modification is subject to
review under Section 6409 of the Spectrum Act and that the
modification does not constitute a substantial change to the tower
or base station.
(5)If the applicant is not the owner or person in control of the eligible
support structure and/or site, the following shall be required:
(i)An attestation that the owner or person in control of the
eligible support structure and/or site has consented to the
proposed facilities modification.
(ii)If the eligible support structure is located in a public right
of way, the Applicant must also attest that Applicant has
authorization to install, maintain and operate transmission
equipment in, under and above the public right of way.
(6)If the applicant proposes a modification that will result in an
increase in height of the eligible support structure, the application
shall include record drawings, as built plans, or the equivalent,
showing the height of the eligible support structure, (1) as
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originally constructed and granted approval by the County or other
applicable local zoning or similar regulatory authority, or (2) as of
the most recent modification that received County, or other local
zoning or regulatory approval, prior to the passage of the Spectrum
Act, whichever height is greater.
(7)If the applicant proposes a modification to an eligible support
structure, which structure, or proposed modification of the same, is
subject to pre-existing restrictions or requirements imposed by a
reviewing official or decision-making body pursuant to authority
granted under the County Code, or an ordinance or a municipal
code of another local government authority, the application shall
include a copy of the document (e.g., permit or conditional
approval) setting forth such pre-existing restrictions or
requirements together with a certification that the proposed
facilities modification conforms to such restrictions or
requirements; provided that, such certification shall have no
application to the extent the proposed facilities modification relates
solely to an increase in height, increase in width, addition of
cabinets, or new excavation, that does not result in a substantial
change in the physical dimensions of the eligible support structure.
(8)If the applicant proposes a modification to an eligible support
structure, which structure, or proposed modification of the same, is
subject to pre-existing concealment restrictions or requirements, or
was constructed with concealment elements, the following shall be
required:
(i)Applicant shall set forth the facts and circumstances
demonstrating that the proposed modification would not
defeat the existing concealment elements of the eligible
support structure.
(ii)If the proposed modification will alter the exterior
dimensions or appearance of the eligible support structure,
Applicant shall include a detailed visual simulation
depicting how the eligible support structure will appear
after the proposed modification is complete. The visual
simulation shall depict to scale the eligible support
structure in relation to the trees, landscaping and other
structures adjacent to, or in the immediate vicinity of, the
eligible support structure.
(9)If the applicant proposes a modification that will protrude from the
edge of a non-tower eligible support structure, the application shall
include record drawings, as-built plans, or the equivalent, showing
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at a minimum the edge of the eligible support structure at the
location of the proposed modification.
(10)If the applicant proposes a modification to an eligible support
structure that will include any excavation or would result in a
protrusion from the edge of a tower that exceeds an existing
protrusion of any transmission equipment attached to a tower, or
would protrude from the edge of a non-tower eligible support
structure, the following shall be required:
(i)A description of the boundaries of the site together with a
scale drawing based on an accurate traverse, with angular
and lineal dimensions, depicting the boundaries of the site
in relation to the tower or base station proposed to be
modified and depicting the proposed location, elevation and
dimensions of the new or replacement transmission
equipment.
(ii)The County may require a survey by a land surveyor
licensed in the state of Florida when, in the judgment of the
approval authority, a survey is reasonably necessary to
verify the boundaries of the site to determine if the
proposed facilities modification would result in a
substantial change in the physical dimensions of the
eligible support structure.
(11)If the applicant proposes a modification to the eligible support
structure that includes hardening through structural enhancement,
the following shall be required:
(i)A technical report by a qualified licensed engineer,
demonstrating that the structural enhancement is performed
in connection with and is necessary to support the proposed
collocation, removal, or replacement of transmission
equipment and conforms to applicable code requirements.
(ii)The County may retain the services of an independent
technical expert to review, evaluate, and provide an opinion
regarding the Applicant’s demonstration of necessity.
(12)If the applicant proposes a modification to a tower, the following
shall be required:
(i)A stamped report by a licensed engineer demonstrating that
the tower with the proposed modifications will comply with
applicable structural, electrical and safety codes, including
by way of example, and not limitation, EIA/TIA-222-
Revision G, published by the American National Standards
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Institute (as amended), allowable wind speed for the
applicable zone in which the tower is located, and
describing the general structural capacity of the tower with
the proposed modifications, including:
a.The number and type of antennas that can be
accommodated;
b.The basis of calculation of capacity; and
c.A written statement that the proposed complies with
all federal guidelines regarding interference and
ANSI standards as adopted by the FCC, including
but not limited to nonionizing electromagnetic
radiation (NIER) standard.
(ii)The County may retain, at the expense of the applicant, the
services of an independent technical expert to review,
evaluate and provide an opinion regarding the applicant’s
demonstration of compliance.
(13)If the applicant proposes a modification to a base station, the
application shall include a stamped report by a Florida licensed
engineer demonstrating that the base station, with the proposed
modifications, will comply with applicable structural, electrical
and safety codes.
(14)If the applicant proposes a modification requiring, alteration to the
eligible support structure, excavation, installation of new
equipment cabinets, or any other activities impacting or altering
the land, existing structures, fencing, or landscaping on the site, the
following shall be required:
(i)A detailed site plan and drawings, showing the true north
point, a graphic scale and, drawn to an appropriate decimal
scale, indicating and depicting:
d.The location, elevation and dimensions of the
existing eligible support structure;
e.The location, elevation and dimensions of the
existing transmission equipment,
f.The location, elevation and dimensions of the
transmission equipment, if any, proposed to be
collocated or that will replace existing transmission
equipment,
g.The location, elevation and dimensions of any
proposed new equipment cabinets and the intended
use of each;
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h.Any proposed modification to the eligible support
structure,
i.The location of existing structures on the site,
including fencing, screening, trees, and other
significant site features, and
j.The location of any areas where excavation is
proposed showing the elevations, depths, and width
of the proposed excavation and materials and
dimensions of the equipment to be placed in the
area excavated.
(15)Copies of any environmental documents required by any federal
agency. These shall include the environmental assessment required
by 47 C.F.R. Part 1 (PART 1 –PRACTICE AND PROCEDURE),
Section 1.1307, as amended, or, in the event that an FCC
environmental assessment is not required, a statement that
described the specific factors that obviate the requirement for an
environmental assessment.
5.Review of Application.
a.The County shall review applications for Eligible Facilities Modification
pursuant to this section, to determine whether the application qualifies.
b.The County shall notify the applicant within thirty (30) days after the date
the application is initially submitted or additional information resubmitted,
whether the application is properly completed in compliance with the
County’s requirements. If the application is not completed in compliance
with the County’s requirements, the County shall so notify the applicant in
writing delineating all missing documents and information required in the
application that if are cured would deem the application properly
completed.
c.Upon resubmission of information to cure the stated deficiencies, the
County shall notify the applicant, in writing, no later than 10 days after the
additional information is submitted, of any remaining deficiencies that
must be cured, delineating missing information. If a specified deficiency
is not properly cured when the applicant resubmits its application to
comply with the notice of deficiencies, the County may continue to
request the information until such time as the specified deficiency is cured,
or may establish a reasonable time frame within which the required
information to cure the application deficiency is to be provided. The
timeframe is tolled in the case of second or subsequent notices pursuant to
the procedures identified herein. If the curative information is not
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provided within such time frame, the application will be considered
withdrawn or closed and the application will be denied.
d.Completeness review;time limitation.The
County shall grant or deny a properly completed application for Eligible
Facilities Modification within sixty (60) days of the date of the applicant’s
submission of an application seeking approval under this subsection M,
after it is determined to be properly completed. An application is deemed
submitted or resubmitted on the date the application is received by the
County. The sixty (60) day review period begins to run when the
application is filed and may be tolled by mutual agreement of the County
and the applicant or in cases where the County’s reviewing body
determines that the applications is incomplete. The timeframe is not tolled
by a moratorium on review of applications.
6.Eligible Facilities Modification Permit: An eligible facilities modification permit
issued pursuant to this subsection M, and any deemed approved application, shall
be valid for a term of 180 days from the date of issuance, or the date the
application is valid for a term of 180 days from the date of issuance, or the date
the application is deemed approved.
MN. Setbacks.The following setback requirements shall apply to all telecommunications
towersfor which a permit is required:
1.All telecommunications towers shall be setback from all property lines of the
parcel on which it is to be constructed a minimum distance of 110% of the fall
radius of the tower or the minimum setback for the zoning district whichever is
greater, except as required by Table 7-40.
2.The setback for the base of any guys for guyed towers and accessoryany
equipment buildings must satisfy the minimum zoning district setback
requirements.
NO.Separation/Height.
1.In addition to the setback from the property line, tThe following separation
requirements shall apply to all telecommunications towers for which a building
permit is required:
a. Separation from off-site/designated areas:
1. Telecommunication tower separation shall be measured from the
base of the proposed telecommunication tower to the lot line of the
off-site and/or designated areas as specified in Table 7-40, except
as otherwise provided in Table 7-40.
2. The separation distance from other towers described in the
inventory of existing sites shall be shown on an updated site plan
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or map. The applicant shall also identify the type of construction of
the existing telecommunications tower(s) and the owner/operator
of the existing telecommunications tower(s), if known:.
3. Separation requirements for towers shall comply with the
minimum standards established in Table 7-40.
Table 7-40
Separation fFrom any habitable residential structure in IL,
IH and U zoning districts, except for accessory security
residences in IL, IH and U zoning districts1
750 feet or 200% of
telecommunications tower height,
whichever is greater
Separation fFrom the property line of vacant land in
residentially zoninged districtsland
750 feet or 200% of
telecommunications tower height,
whichever is greater 1
From any non-residentially zoned land and accessory
security residences in IL, IH and U zoning districts
Fall radius or zoning setback,
whichever is greater
1Separation measured from base of the proposed telecommunications tower to closest building
setback line.
4. Separation distances between telecommunications towers shall be
applicable for and measured between the proposed
telecommunications tower and pre-existing towers. The separation
distances shall be measured by drawing or following a straight line
between the base of the pre-existing telecommunications tower and
the proposed base, pursuant to a site plan, of the proposed
telecommunications tower. The separation distance from shall be a
minimum of one (1) mile, regardless of type of towers.
54. The Board of County Commissioners may approve variances from
the separation requirements to habitable residential structures, and
to vacant residentially zoned land, provided that no variance shall
permit a separation distance of less than that required from non-
residential land.
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65. The Board of County Commissioners shall not approve a variance
except upon specific written findings of fact based directly upon
the particular facts submitted to them showing that:
a. A literal interpretation of the provisions of Table 7-40
would render the applicant in violation of State or Federal
law or would preclude provision of service in the desired
area.
b. The granting of the variance will not be detrimental or
injurious to surrounding properties, and will not endanger
public safety.
c. The variance is the minimum variance that will make
possible reasonable use of the land, building, and
structures; and
d. The variance requested arises from a condition that is
unique and peculiar to the land involved and that it is
created by the conditions of this Code and not by the
actions of the property owner or applicant.
The above standards of review are in addition to those general standards set out
in Section 10.01.02 of this Code.
b. Separation distances between telecommunications towers.
1. The separation distance from pre-existing towers including other
towers described in the inventory of existing sites shall be shown
on an updated site plan or map. The applicant shall also identify
the type of construction of the pre-existing tower(s) and the
owner/operator of the pre-existing tower(s), if known.
2. Separation distances between towers shall be applicable for and measured
between the proposed tower and pre-existing towers. The separation
distances shall be measured by drawing or following a straight line
between the center of the base of the pre-existing tower and the center of
the base of the proposed tower, pursuant to a site plan.
3. Each applicant shall review the County's inventory of pre-existing towers,
antennas, and approved sites within the search area. All requests for sites
other than the inventory shall include specific information concerning the
location, height, and design of the proposed tower. To support the
County’s preference for collocation over new towers, nNo new tower
including but not limited to a stealth tower, shall be permitted within one
(1) mile of an a pre-existing tower unless the applicant demonstrates to the
reasonable satisfaction of the County that no pre-existing tower, structure
or alternative technology that does not require the use of new towers or
new structures can accommodate, or be modified to accommodate the
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applicant's proposed antenna. Evidence submitted to demonstrate that no
existing tower, structure or alternative technology is suitable may consist
of any of criteria set forth in subsection 7.10.23(C)(6)(a).the following:
a. No existing tower or structure located within the search area has
the capacity to provide reasonable technical service.
b. Existing towers or structures are not of sufficient height to meet
applicable requirements.
c. Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related
equipment.
d. The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause
interference with the applicant's proposed antennas.
e. The fees, costs, or contractual provisions required by the owner in
order to share an existing tower or to adapt an existing tower or
structure for sharing are unreasonable. Costs exceeding new tower
development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that
render existing towers or structures unsuitable.
4. The Board of Adjustment may approve variances from the separation
requirement provided that the applicant meets all other provisions of
Section 7.10.23(NO).
5. The separation distance of one (1) mile between towers shall not apply to
properties that are proposed to be developed as a "telecommunications
tower farm", in order to encourage clustering of telecommunications
towers on a single property, provided that all other setback and separation
standards as specified in this section are met.
6. Unless otherwise granted a variance, telecommunications towers shall be
constructed no greater than the in heights as provided below:
a. For a single user, up to one hundred (100) feet in height;
b. For two (2) users, up to one hundred fifty (150) feet in height;
c. For three (3) or more users, towers in excess of one hundred
fifty(150) feet, but not taller than up to two hundred fifty (250)
feet, provided such towers are constructed as a monopole as
defined herein.
d. For the purpose of determining compliance with all requirements
of this Section, measurement of telecommunications tower height
shall include the telecommunications tower structure itself, the
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base pad, and any other telecommunications facilities attached
thereto. Telecommunications tower height shall be measured from
grade.
OP.Buildings and Equipment Storage Areas.It is recognized that each telecommunications
tower antenna will have some type of associated electronic support and equipment
buildings at or near the telecommunications facilitytower. Depending on the type of
facilitytower being erected, the following general standards shall apply, in addition to the
other general provisions of the code.
1. Rooftop mounted wireless equipment facilities shall comply with the following
requirements:
a.Rooftop equipment/storage cabinets shall be set back a minimum of
fifteen (15) feet from the edge of the roof or one-quarter of the distance
along the perpendicular axis of the roof, whichever is less. The height of
the roof must be at least three (3) stories.
b. All rooftop equipment buildings shall be stealth, and finished, screened or
designed so that they blend into the architecture of the building on which
they are located.
c.All equipment buildings shall meet all County design standards and
comply with the building codes.
d.No commercial advertising, including company name, shall be allowed on
an antenna, screen or equipment building.
e. No signals, lights, or illumination shall be permitted on an antenna or
equipment building unless required by the Federal Communications
Commission or the Federal Aviation Administration. Security lighting
ground the base of the antenna and equipment building may be provided if
such light conforms to the overspill requirement in the County Code.
f. The only signage that may be permanently attached to the building shall
be for the purpose of identifying the party responsible for operation and
maintenance of the facility, its address, and telephone number for safety
and security and shall comply with this Code.
g. Mobile or stationary equipment not located within the building upon
which the antenna is mounted, or in an equipment building or cabinet,
shall not be stored or parked on the site of a building mounted antenna,
unless repairs to the antenna are being made.
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2. Proposed aAntennas located on power poles, street lights or other utility poles and
equipment cabinets in the public rights-of-way shall comply with the
requirements for collocations set forth in the St. Lucie County Communications
Rights-of-Way Ordinance, Chapter 44, Article I, Sections 44-1 - 44-18, of the
County Code, as it may be amended herein and with the following requirements.
a.Equipment/storage cabinets located on the ground in a public right-of-way
shall not exceed a total of twenty-five (25) square feet in area without
administrative approval.
b. The height of any equipment/storage cabinet located on the ground in a
public right-of-way shall not exceed five (5) feet without administrative
approval.
3. Antennas located on towers shall comply with the following requirements:
a.Equipment/storage facilities shall comply with the minimum building
setback standards of the zoning district in which they are located. This
requirement may be modified by the Board of Adjustment to encourage
collocation.
b. All equipment/storage facilities shall be screened in accordance with the
general requirements of Section 7.09.00.
4. Generators may be used only when other power sources are not available, and as
an emergency back-up power source and shall comply with County Code.
PQ.Supplemental Review Information for Wireless Telecommunications Tower Conditional
Use Applications.In addition to the minimum standards of review set forth in this
section, any application for a conditional use permit for the construction of a
telecommunications tower shall address the following standards and requirements:
1. Compliance with the procedures and requirements of Section 11.07.00.
2. Availability of suitable existing towers, other structures, or economically and
technically feasible alternative technologies not requiring the use of towers or
structures.
3. Height of the proposed tower.
4. Setback and separation distance between the proposed tower and the nearest
residential units, residential district boundaries, and platted residentially zoned
property, where applicable.
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5. Typography of the area where the tower is proposed to be located.
6. Type, extent and density of existing native vegetation at the proposed site and the
surrounding tree coverage and foliage.
7. Design of the tower, with particular reference to design characteristics that have
the effect of reducing or eliminating visual obtrusiveness. Camouflage tower
designs shall be encouraged as meeting this criterion.
8. Proposed ingress and egress.
9. A non refundable fee of five hundred dollars ($500.00) to reimburse the County
for the costs of reviewing the application.
QR.Removal of Abandoned Wireless Telecommunications Towers, Facilities and Antennas.
Any telecommunications tower, wireless communications facility or antenna that is not
used or operated for a continuous period of twelve (12) six (6) consecutive months shall
be considered abandoned, and the owner of such telecommunications tower, facility or
antenna shall remove the same at its cost within ninety (90) days of receipt of notice from
the County notifying the owner of such abandonment. Failure to remove an abandoned
telecommunications tower, facility or antenna within the ninety (90) days shall be
grounds for the County to remove the tower, facility, or antenna at the expense of the
owner. If there are two (2) or more users of a single telecommunications tower or facility,
the telecommunications tower or facility shall not be considered abandoned until all users
cease using the telecommunications tower or facility for a continuous period of twelve
(12) six (6) consecutive months. Upon determination by a tower, facility or antenna
owner that its tower, facility or antenna is to be abandoned, the owner shall notify the
County no later than ninety (90) days from such determination, or no later than thirty (30)
days following such abandonment, whichever is sooner. The County may independently
establish that a wireless communications facility has been abandoned. In reaching such
determination, the County may request documentation and/or affidavits from the owner
of the wireless communications facility regarding the active use of the facility. If the
owner fails to provide the requested documentation within thirty (30) days, a rebuttable
presumption shall exist that the owner has abandoned the wireless communications
facility. Any wireless communications facility that is abandoned shall be removed by the
owner at its expense within ninety (90) days of receipt of notice from the County, and in
accordance with applicable permits. Failure to remove an abandoned facility within the
ninety (90) days’ period shall be deemed to be the owner’s consent for the County to
remove the facility at the owner’s expense or for the County to allow another person to
remove the facility at the owner’s expense. The owner of the communications facility
shall be responsible for all damage to property, facilities or utilities damaged as a result
of such removal and shall restore the property as required in the County code.
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RS.Pre-Existing Telecommunications Towers.Any telecommunications tower erected before
September 2, 1997 the effective date of this Ordinance shall be allowed to continue
usages which existed on this date. Routine maintenance of the tower and its support
facilities is allowed to continue. Any existing tower that does not meet the standards of
this section shall not be required to meet these standards unless and until the tower is
proposed for replacement. At the time any existing telecommunications tower is proposed
to be replaced or substantially improved, then the requirements of this section shall apply
to the extent not prohibited by F.S. Ch. 365.172. A pre-existing tower, including a
nonconforming tower, may be structurally modified in order to permit collocation or may
be replaced through no more than administrative review and building permit review, and
is not subject to public hearing review applicable to a proposed new tower, if the overall
height of the pre-existing tower is not increased and, if a replacement, the replacement
tower is a monopole tower or, if the pre-existing tower is a camouflaged tower, the
replacement tower is a like-camouflaged tower. This subsection shall not preclude a
public hearing for any appeal of the decision on the application. The proposed
replacement or structural modification of a pre-existing tower that does not satisfy these
requirements shall comply with the requirements of this Section 7.10.23 applicable to a
proposed new tower.
ST.Inspections, Reports, Fees, and Monitoring.
1. Telecommunications tower owners shall submit a report to the Building
Department certifying structural and electrical integrity of the tower every five (5)
years. The report shall be accompanied by a non refundable fee of two hundred
dollars ($200.00) to reimburse the County for the cost 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 an appropriate state official that included the area of the
tower.
2. The County may conduct periodic inspections of telecommunications towers, at
the owner's expense, to ensure structural and electrical integrity and compliance
with the provision of this Ordinance. The owner of the telecommunications tower
may be required by the County to have more frequent inspections should there be
extraordinary conditions or other reason to believe that the structural and
electrical integrity of the tower is jeopardized. There shall be a maximum of one
(1) inspection per year unless extraordinary conditions warrant.
If, upon inspection, the County concludes that a tower fails to comply with
applicable laws, codes, regulations or permits or constitutes a danger to persons or
property, then upon notice being provided to the owner of the tower, the owner
shall have thirty (30) days to bring such tower into compliance with such
standards. Failure to bring such communications towers into compliance within
thirty (30) days shall constitute grounds for the removal of the
telecommunications tower or antenna at the owner's expense.
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U.Amateur Radio Antennas.Amateur radio antennas and their support structures are
subject to the regulations contained in this subsection 7.10.23(U) to the extent not inconsistent
with applicable federal or state law. Amateur radio antennas and their support structures shall
be limited to maximum height of 80 feet except where a higher antenna is allowed by the
Federal Communication Commission's preemptive ruling PRB-1, and provided that a
determination is made by the approving authority, based on evidence submitted by the
applicant, that the proposed height is technically necessary to successfully engage in amateur
radio communications. A building permit from the County shall be required for the installation
or substantial modification to the installation of an amateur radio antenna and its support
structure. A building permit shall not be required for:
1.Adjustment, replacement or repair of the elements of an amateur radio antenna
array affixed to the antenna support structure;
2.Amateur radio antenna facilities erected temporarily for less than 24 hours for
test purposes or for emergency communications; or
3.Collocation of additional amateur radio antenna on an existing amateur radio
antenna support structures installed pursuant to a permit or pre-existing amateur
radio antenna support structure installed prior to the effective date of this
Ordinance.
The following requirements shall apply provided they do not prohibit the operation of
the amateur radio antennas.
1.Building site location.Amateur radio antennas and their support structures shall
be located behind the required primary/principle building within the rear and
interior side yard of the property. They are prohibited within the front and side
street yard areas. Amateur radio antennas and their support structures shall not be
installed in County public rights-of-way.
2.Setbacks.Amateur radio antennas and their support structures shall maintain the
same rear and side setbacks as required for the principal building of the building
site. All of the above shall also be a minimum of eight (8) feet from any overhead
utility line(s) and power line(s). Where such amateur radio antennas and their
support structures are located on a building site which is fronting upon two or
more streets and/or alleys, the amateur radio antennas and support structures
shall maintain the same primary/principle building setback as required for each
such street or alley.
3.Installation. The installation or substantial modification of an amateur radio
antennas and their support structures and foundation shall be in accordance with
the manufacturer's prescribed installation and safety procedures and shall meet all
applicable County, State and Federal requirements, as amended including but not
limited to following: Florida Building Code, County Code, Zoning Code,
National Electric Code and FCC regulations.
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Notwithstanding the provisions of this subsection, pre-existing amateur radio antennas
and their support structures installed prior to the effective date of this Ordinance shall be allowed
to continue usage that existed on the effective date of this Ordinance and shall be allowed to
undergo routine maintenance. Pre-existing amateur radio antennas and their support structures
installed prior to the effective date of this Ordinance shall not require a permit unless they are
proposed for replacement or substantial modification.
TV.Penalties.Any person, firm or corporation who knowingly breaches any provision of this
Section 7.10.23, as it may be amended shall upon receipt of written notice from the
County be given a time schedule to cure the violation. Failure to commence to cure
within thirty (30) days and to complete a cure, to the County's satisfaction, within sixty
(60) days, or such longer time as the County may specify, shall result in revocation of any
permit or license and the County shall seek any remedy or damages to the full extent of
the law. This shall not preclude other penalties allowed by law.
PART B.SEVERABILITY.
The various parts, Sections and clauses of this Ordinance are hereby declared to be
severable. If any part, sentence, paragraph, Section or clause is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of the
Ordinance shall not be affected thereby. In the event of a subsequent change in
applicable law, so the provision which had been held invalid is no longer invalid the
provision shall thereupon return to full force and effect without further action by the County
and shall thereafter be binding under this Ordinance.
PART C.INCLUSION IN THE CODE.
It is the intention of the Board of County Commissioners, and it is hereby
ordained that the provisions of this Ordinance shall become and be made a part of the
Code of the County of St. Lucie, Florida; that the Sections of this Ordinance may be
renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
PART D.PROVISIONS OF THIS SECTION TO CONTROL.
Notwithstanding any contrary provisions of the County's Code of Ordinances, including
the County's zoning regulations, the provisions of this new Ordinance shall control.
PART E.REPEALER.
Any ordinances or parts thereof in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
PART F.EFFECTIVE DATE.
This ordinance shall be effective upon filing with the Department of State.
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Page 70 of 70
St. Lucie County LDC Ord. Draft 4/17/2018 9:47 AM
\820176\1 - # 5040949 v1
PART G. TERMINATION OF MORATORIUM. Upon this ordinance becoming
effective, the temporary postponement on the acceptance and approval of applications for
wireless communications facilities adopted pursuant to Ordinance 17-018, and extended by
Resolution RES-2018-1, is hereby terminated. This Part G shall not be codified.
PART H.APPLICABILITY OFORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART I.FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to
the Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
PART J.ADOPTION
After motion and second, the vote on this ordinance was as follows:
Chair Frannie Hutchinson XXX
Commissioner Chris Dzadovsky XXX
Commissioner Anthony Bonna XXX
Commissioner Linda Bartz XXX
Commissioner Cathy Townsend XXX
PASSED AND DULY ENACTED this ______________________ day of , 2018.
ATTEST:BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
______________________BY: ______________________
DEPUTY CLERK CHAIRMAN
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
___________________________________
COUNTY ATTORNEY
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CarolBishop
From:LindaPendarvis
Sent:Wednesday, April18, 20187:49AM
To:KatherineBarbieri; 'GaryResnick'
Cc:CarolBishop
Subject:FW: Ordnance - AmendmenttoLDCReTelecomsTowers & Antennas
FYI
From: BrianClark \[mailto:brianjclark10@gmail.com\]
Sent: Tuesday, April17, 20189:26PM
To: LindaPendarvis <pendarvisl@stlucieco.org>
Cc: BrianClark <brianjclark10@gmail.com>; RobinClark <clark.robin.joy@gmail.com>
Subject: Ordnance - AmendmenttoLDCReTelecomsTowers & Antennas
HelloLinda,
Thankyouforyouremailof4.12advisingusoftheHarbourRidgeGilsonTowerproposedpublichearingdates.
Afterreviewingthe4.14.18versionoftheOrdnance – AmendmentstotheLandDevelopmentCodeRegarding
Telecommunications TowersandAntennas, weofferthefollowingcommentsfromaRiverbendsubdivision
perspective.
Page7of69; StealthorCamouflageTower, EquipmentBuildingorAntennaStructure. Iopposetheinclusion
ofmonopoleantennasinthiscategory. Whiletheantennasthemselvesarehiddenwithinthemetal
monopoletower, allmonopolesarestark, barrenandcommerciallookingpolesthatdonotresembleanytree
orblendintoanylandscape, especiallyourgreentropicallandscapealongcoastalSt. LucieCounty. Ibelieve
monopolesdonotbelonginsideorwithinviewofresidentiallyzonedareas. Asaresult, Irecommendremoval
ofthemonopoleantennafromtheStealthorCamouflagecategory.
Sincerely,
BrianandRobinClark
Riverbend, Lot39
3061NWRadcliffeWay
PalmCity, FL34990-4908
St. LucieCounty
Brianjclark10@gmail.com
772-678-6768H
772-486-3843C
From: LindaPendarvis <pendarvisl@stlucieco.org>
Date: Thursday, April12, 2018at5:41PM
To: 'BrianClark' <brianjclark10@gmail.com>, "'twodexplore@yahoo.com'" <twodexplore@yahoo.com>
Subject: HarbourRidgeGilsonTowerproposedpublichearingdates
1
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Gentlemen
TheHarbourRidgeGilsonTowerConditionalUsePermitApplicationforthetelecommunicationtowerlocatedwithinthe
maintenanceareawillbescheduledasfollows:
5/17/18 – PlanningandZoningCommission
ShouldtheP&ZforwardarecommendationtotheBOCCthatpublichearingdatewillbe:
7/10/18 – BoardofCountyCommissioners – ThispublichearingwillbefortheConditionalUsePermitApplicationand
theVarianceApplication.
TheCountyisproposinganamendmenttotheSection7.10.23TelecommunicationTowerSittings. Thisamendmentwill
gobeforetheP&ZCommissiononApril19, 2018.
Thispublichearingwillbeadvertisedinthenewspaperonly.
Pleasefeelfreetocontactmeifyouhaveadditionalquestions. Thankyou.
L
LindaPendarvis
PlanningDivision
Planning & DevelopmentServices
772) 462-1562
2300VirginiaAve
FortPierce, FL 34982
St. LucieCountyPlanningDivisioniscommittedtogreatserviceandyourfeedbackisvital.
Pleasetakeourshortsurveytoletusknowhowwe’redoing.
http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm
PleaseNote: Floridahasverybroadpublicrecordslaws. MostwrittencommunicationstoorfromCountyofficialsregardingCountybusinessarepublicrecords
availabletothepublicandmediauponrequest. ItisthepolicyofSt. LucieCountythatallCountyrecordsshallbeopenforpersonalinspection, examinationand /
orcopying. Youre-mailcommunicationswillbesubjecttopublicdisclosureunlessanexemptionappliestothecommunication. Ifyoureceivedthisemailinerror,
pleasenotifythesenderbyreplye-mailanddeleteallmaterialsfromallcomputers.
PleaseNote: Floridahasverybroadpublicrecordslaws. MostwrittencommunicationstoorfromCountyofficialsregardingCountybusinessarepublicrecords
availabletothepublicandmediauponrequest. ItisthepolicyofSt. LucieCountythatallCountyrecordsshallbeopenforpersonalinspection, examinationand /
orcopying. Youre-mailcommunicationswillbesubjecttopublicdisclosureunlessanexemptionappliestothecommunication. Ifyoureceivedthisemailinerror,
pleasenotifythesenderbyreplye-mailanddeleteallmaterialsfromallcomputers.
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CarolBishop
From:KatherineBarbieri
Sent:Tuesday, April17, 20183:57PM
To:CarolBishop
Subject:FW: Commentsonthe4/14TelecommunicationsTowerDraft
Foragenda's
OriginalMessage-----
From: LindaPendarvis
Sent: Tuesday, April17, 20183:54PM
To: MayteSantamaria <santamariam@stlucieco.org>
Cc: KatherineBarbieri <Barbierik@stlucieco.org>; 'GaryResnick' <Gary.Resnick@gray-robinson.com>
Subject: FW: Commentsonthe4/14TelecommunicationsTowerDraft
ForwardingcommentsfromStephenLochnerontheproposedordinance. HewillbeattheP&Zmeeting.
HeisthepropertyownerclosesttotheGilsonTower.
L
LindaPendarvis
PlanningDivision
Planning & DevelopmentServices
772) 462-1562
2300VirginiaAve
FortPierce, FL 34982
St. LucieCountyPlanningDivisioniscommittedtogreatserviceandyourfeedbackisvital.
Pleasetakeourshortsurveytoletusknowhowwe’redoing.
http://www.stlucieco.gov/planning/SLCPlanningSurvey.htm
OriginalMessage-----
From: StephenLochner \[mailto:twodexplore@yahoo.com\]
Sent: Tuesday, April17, 20182:57PM
To: LindaPendarvis <pendarvisl@stlucieco.org>
Subject: Commentsonthe4/14TelecommunicationsTowerDraft
DearLinda:
ThankyoufortakingthetimetomeetwithSteveHatchandmeyesterday. Asalways, youareafountofinformation
andasourceofhelp.
1
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Thefollowingarequestionsand/orcommentswhichmayormaynotbevaluabletoyou, theLegalDepartment, orthe
PlanningandZoningCommission - justwanttoshareandifitishelpful, allthebetter. Pleaseforwardasandifyousee
fit.
1. Nomenclature. ThedraftstartswithChaptersidentifiedbyRomanNumerals, thenmorphsinletteredheadings.
2. Page6. FallRadius. Giventhecurrentsensitivitytothistopic, Iwonderifthewordingshouldnotbeamendedto
breakpointanalysispreparedbyalicensedengineeroftheCounty’sselection.” Or “...licensedengineerapprovedby
theCounty.”
3. Page7. StealthorCamouflageTower.... Ifindtheinclusionof “monopole” inthissectiontobeveryinconsistent
andinappropriate. Theverbiagethroughouttalksabout “..blendsintotheenvironment.”, “man-madetreessimilarin
height, branches....tonaturaltree, clocktowers, bellsteeples, lightpoles..” Allsoundingveryenvironmentallysensitive -
andwellandgood. Thenthedraftersinsert “monopoletower” intothissection. Monopoletowersarenotatall
environmentallysensitive; theydonotblendintoanything, andtheycanbe100’ highandtaller. Theyareneither
stealthynorcamouflaged. Itisacompletemisdirectiontoincludethemasa “stealthorcamouflage” tower, and
certainlycontrarytothearticulatedPurposeslistedonpage29; specifically “Minimizepotentialimpactsoftowersupon
residentialareasandlanduses.”
4. Page35, paragraph5. Whatisthedefinitionofthe “searcharea?”
5. Page40. F. 1. Therequirementforthesiteplantoextendto300% ofthetowerheightwouldseemtobe
insufficientiftheproposedtowersiteisinaresidentialzone, wherethesetbackrequirementis750’. Shoulditnotread
300% ofthetowerheightor750’, whicheverisgreater?”
Thanks,
SteveLochner
SentfrommyiPad
PleaseNote: Floridahasverybroadpublicrecordslaws. MostwrittencommunicationstoorfromCountyofficials
regardingCountybusinessarepublicrecordsavailabletothepublicandmediauponrequest. ItisthepolicyofSt. Lucie
CountythatallCountyrecordsshallbeopenforpersonalinspection, examinationand / orcopying. Youre-mail
communicationswillbesubjecttopublicdisclosureunlessanexemptionappliestothecommunication. Ifyoureceived
thisemailinerror, pleasenotifythesenderbyreplye-mailanddeleteallmaterialsfromallcomputers.
PleaseNote: Floridahasverybroadpublicrecordslaws. MostwrittencommunicationstoorfromCountyofficials
regardingCountybusinessarepublicrecordsavailabletothepublicandmediauponrequest. ItisthepolicyofSt. Lucie
CountythatallCountyrecordsshallbeopenforpersonalinspection, examinationand / orcopying. Youre-mail
communicationswillbesubjecttopublicdisclosureunlessanexemptionappliestothecommunication. Ifyoureceived
thisemailinerror, pleasenotifythesenderbyreplye-mailanddeleteallmaterialsfromallcomputers.
2
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