City of Port St. Lucie header
File #: 2021-983    Version: 1 Name:
Type: Consent Status: Passed
File created: 11/4/2021 In control: City Council
On agenda: 4/11/2022 Final action: 4/11/2022
Title: Request for Extension of Approved Site Plan for Rosser Lakes (P18-011)
Attachments: 1. Letter of Request, 2. P18-011 Rosser Lakes Approved Site Plan, 3. Resolution 19-R01, 4. Rosser Consent Agreement Fully Executed 1-22-2019, 5. P18-011 P&Z Rosser Lakes Letter 2.08.2022

Placement: Consent Agenda                     

Action Requested: Motion / Vote                     

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Request for Extension of Approved Site Plan for Rosser Lakes (P18-011) 

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Submitted By: Bridget Kean, AICP, Senior Planner

 

Strategic Plan Link: The City’s Mission to plan for smart and balanced growth.

 

Executive Summary (General Business): On November 3, 2021, the City received a letter requesting an extension of the approved site plan for a project known as Rosser Lakes (P18-011).  The Rosser Lakes Site Plan was approved on January 14, 2019 and was set to expire on January 14, 2022.  The site plan allows for construction of a monopole wireless communication tower within an existing 250 foot city easement that runs along the western portion of the 108.344 acre property.  The 250-foot easement along the western edge of the property is zoned Utility (U) Zoning District and the rest of the property zoned General Use (GU).  Section 158.245 of the City of Port St. Lucie Code of Ordinances allows an applicant to request an extension to an approved site plan prior to the expiration date of the approved site plan.  Each extension is valid for a period of two years and shall not exceed four years in total.  If the request for an extension is approved, the new expiration date for the Rosser Lakes Site Plan will be January 14, 2024.  A special exception use for the wireless communications tower was approved on January 14, 2019 (Res. 19-R01).  There is a signed consent agreement between the property owner and the City of Port St. Lucie to allow for the tower in a city easement.  The extension request was submitted by Bradley J. Currie, Engineering Design and Construction, Inc. on behalf of Rosser Lakes, LLC (owner).

 

The request to extend the expiration date of the site plan was initially scheduled for the December 6, 2021 City Council meeting.  The item was withdrawn from the Council agenda after Neighborhood Services notified the Planning and Zoning Department of two active cases associated with the property.  The Code cases pertain to the use of the portion of the property zoned GU for the storage of yard waste and landscape debris.  The applicant was notified of the Code cases and the property owner has been working to address the violations.  A contractor was hired to remove the debris.  Neighborhood Services Department has notified the Planning and Zoning Department that significant progress has been made toward debris removal.  Per the contractor, the work should be complete by the end of next week.

 

Presentation Information: Staff may provide a short presentation. 

 

Staff Recommendation: Move that the Council approve the request for extension. 

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the request for extension. 

2.                     Move that the Council not approve the request and provide staff direction. 

 

Background: At the January 14, 2019, City Council meeting, the City Council approved an application for a special exception use (P17-241) and a site plan (P18-011) for Rosser Lakes, LLC, to allow for a monopole wireless communications tower with a maximum height of 150 feet.  The property is located on the east side of Interstate 95, south of SW Open View Terrace, and on the west side of Rosser Boulevard.  The ±108 acre property is a former mining facility.  A 250 foot wide easement along the western edge of the property was granted and conveyed to the City of Port St. Lucie in 1998 by a previous owner, Port St. Lucie Tractor Services, Inc., to locate, construct, maintain, and operate telecommunication towers and/or billboards in the easement area.  The proposed location for the tower is within the City’s easement.

 

Issues/Analysis: There is a fully executed consent agreement between the City of Port St. Lucie and Rosser Lakes, LLC, that permits Rosser Lakes, LLC, to install, maintain, etc. a 150 foot monopole tower within the City’s easement.  The agreement remains in effect unless terminated upon ninety (90) days' notice by City to Licensee, or at the option of City, immediately upon Licensee failing to comply with or to abide by any or all provisions contained in the Agreement. 

                     

Financial Information: N/A

 

Special Consideration: N/A

 

Location of Project: The property is located on the east side of Interstate 95, south of SW Open View Terrace, and on the west side of Rosser Boulevard.

 

Attachments:

1.                     Letter of Request

2.                     P18-011 Rosser Lakes Approved Site Plan

3.                     Resolution 19-R01

4.                     Consent Agreement between City of Port St. Lucie and Rosser Lakes, LLC. 

5.                     February 8, 2022 letter to applicant

 

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

 

Internal Reference Number: N/A

 

Legal Sufficiency Review: 

N/A