PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
PUBLIC HEARING TO REQUEST APPROVAL OF THE MAJOR FINAL SITE PLAN FOR SW 96TH STREET MONOPINE WIRELESS TELECOMMUNICATIONS FACILITY TOWER (K049-004)
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EXECUTIVE SUMMARY:
executive summary
This is a request by United Commercial Telecom, LLC, on behalf of Mr. and Mrs. Fazlul and Zarna Ahmed, for major final site plan approval to construct a 120-foot stealth-design monopine wireless telecommunications facility (WTCF) (tower) and associated infrastructure. The subject site is a portion of an approximately 1.70-acre parcel located on the south side of SW 96th street, approximately 230 feet west of the intersection of SW 96th Street and SW Kanner Highway, in Stuart. Included is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: John Sinnott
Title: Principal Planner
REQUESTED BY: United Commercial Telecom, LLC, Kevin Wright
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The 120-foot stealth design monopine tower is proposed within a 1,600 square-foot lease area. The tower will be designed to accommodate the co-location of four (4) wireless carriers. The subject site is a portion of an approximately 1.70-acre parcel which has been approved for the development of a convenience store. The subject site is located at 1920 SW 96th Street, approximately 230 feet west of the intersection of SW 96th Street and SW Kanner Highway, in Stuart.
In January 2026, a development order was approved for the construction of a one-story, 9,472 square-foot convenience store/retail building and associated infrastructure (project K049-003) on the subject parcel. The development order, including the Preserve Area Management Plan (PAMP), is recorded in Official Records Book 3569, Page 2006, Public Record of Martin County, Florida. The subject monopine tower project is dependent upon infrastructure, including stormwater facilities, driveways, and landscaping, that will be constructed as part of the K049-003 convenience store project on the property.
Development of the tower must be in conformance with the Land Development Regulations, Comprehensive Growth Management Plan and Martin County Code, including the requirements of Division 18, Article 4, Land Development Regulations (LDR), Martin County Code, governing the site development standards specific to wireless telecommunication facilities.
Due to the limited commercial future land use designation of the site, the proposed location is classified as a Priority 3 site under Sec. 4.795.D., Land Development Regulations, Martin County Code. There are no existing structures of sufficient height in the area which could support co-location of antennas and provide equivalent improvements to service. Within a ¾ mile search ring, the subject property owners were the only responsive landowners.
The tower separations, setbacks, and fall zone criteria of Sections 4.798.A and 7.798.B, LDR, Martin County Code, do not apply to any stealth tower [Sec. 4.798.C., LDR, Martin County Code].
Pursuant to Section 4.800.B., LDR, Martin County Code, the Martin County Sheriff’s Office and Martin County Emergency Management have confirmed that the proposed tower is not expected to interfere with or obstruct transmissions to and from existing public safety telecommunications facilities.
Pursuant to Section 4.805., Land Development Regulations, Martin County Code, an independent technical consultant was obtained to evaluate the application materials. The consultant, 4G Unwired, issued a Propagation Map Validation Report, dated December 2, 2025, which verifies the proposed tower would materially improve service quality and reliability for users in this area of the county.
The resolution contains conditions pursuant to Section 4.801. - Right to Inspect, Section 4.802. - Certification of Continued Structural Integrity, and Section 4.803. - Removal of Abandoned or Unsafe Towers, Land Development Regulations, Martin County Code.
This item has been scheduled for consideration by the Local Planning Agency on August 6, 2026, and the recommendation will be provided to the Board of County Commissioners.
The following supporting documents are attached:
Staff Report
Resolution to Approve Major Final Site Plan
Exhibit A Legal Description
Exhibit B Major Final Site Plan
Application Materials
Propagation Map Validation Report
Public Safety Non-Interference
Disclosure of Interest Affidavit
Legal Ad Tearsheet
Sample Letter to Surrounding Property Owners
Surrounding Property Owners Certification
Sign Posting Affidavit
Draft Resolution to Deny
Staff Presentation
ISSUES:
There are no unresolved issues related to this application.
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi -judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the agenda item and its attachments including the staff report as Exhibit 1.
2. Move that the Board adopt the Resolution approving the final site plan for the SW 96th Street Monopine Tower project.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $9,127.00 application fee and the $290.00 completeness fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: