PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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PUBLIC HEARING TO CONSIDER A REQUEST FOR APPROVAL OF REVISED MAJOR FINAL SITE PLAN FOR THE TRAILWIND FARMS TOWER PROJECT (T134-006), f/k/a TRAILWINDS TOWER
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EXECUTIVE SUMMARY:
executive summary
This is a request by Hill Ward Henderson, P.A., on behalf of Crown Castle USA, for approval of a revised major final site plan to construct an unmanned 120-foot-high stealth wireless tele-communication facility (WTCF). The proposed development is located on a 5,975 square foot leased portion of an approximately 4.3-acre parcel located at 10581 SW Pratt-Whitney Road, generally on the southeast corner of SW Pratt-Whitney Road and SW Bulldog Way, in Stuart. Included with this application is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Brian Elam, PMP
Title: Principal Planner
REQUESTED BY: Hill Ward Henderson, P.A. (Jaime Maier)
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The Trailwinds Tower project (T134-002), to construct a one hundred and twenty foot (120’) tall stealth telecommunications facility, was approved on the subject property on August 18, 2015, via Resolution 15-8.12. The project required mandatory rezoning from A-1, Small Farms District, to RE-2A, Rural Estate District, which was approved the same day via Resolution 15-8.11. However, the Development Order for this approval has expired.
Development of the project must be in accordance with the Land Development Regulations, Comprehensive Growth Management Plan and Martin County Code, including the requirements of Division 18, Article 4, LDR, governing site development standards specific to wireless telecommunication facilities. This proposal has demonstrated compliance with all applicable requirements, as detailed in the staff report and attachments.
The following requirements are documented in Attachment 5 of the staff report and have been incorporated in the resolution for this agenda item:
1. Pursuant to Section 4.797.B.6., Land Development Regulations, Martin County Code (LDR”), the main access gate to the tower shall have affixed to it a sign not to exceed two feet by three feet in size which displays the owner's and/or permittee's name and an emergency telephone number.
2. Pursuant to Section 4.800.B.2., LDR, in the event that the constructed WTCF or tower does interfere with public safety telecommunication facilities, it shall be the responsibility of the owner and/or permittee of the WTCF or tower which creates the interference or obstruction to make all necessary repairs, and/or accommodations to alleviate the problem at the permittee's expense. The County shall be held harmless in this occurrence.
3. Pursuant to Section 4.801., LDR, the County or its designees shall have the right to inspect, upon reasonable notice to the owner and/or permittee, any WTCF or tower for the purpose of determining compliance with Division 18, LDR.
4. Pursuant to Section 4.802., LDR, every five years, or within 90 days following a catastrophic act of nature or other emergency that may affect the structural integrity of a tower, the tower owner or permittee shall file with the County Administrator a statement, sealed by a qualified engineer licensed in the State of Florida, that an inspection has been completed and that the tower has not been structurally compromised.
5. The tower owner and/or permittee will correct any deficiencies or remove the tower within 90 days of receipt of a Notice from the County Administrator that the tower is abandoned or declared unsafe in accordance with Section 4.803., LDR.
6. Any extension of the tower or appurtenances, with the exception of lightning rods, beyond the approved maximum 120-foot height is prohibited.
Certification that this proposed facility is not expected to interfere with or obstruct transmissions to and from existing public safety telecommunications facilities has been provided by the sheriff and emergency management director.
Towers and WTCFs are permitted in all future land use designations but may not be located in wetlands or wetland buffers, upland preserve areas or endangered, unique or rare upland habitats or in the flight path of or on an airstrip as defined in subsection 4.796.C., LDR.
Towers and WTCFs are subject to the priority siting conditions process defined in Section 4.795., LDR, which defines the preferred siting conditions in Priority 1 and the least favorable siting conditions in Priority 4. This proposal is a Priority 4. Priority siting justification has been provided as an attachment to this agenda and the staff report.
This matter is to be heard by the Local Planning Agency on September 17, 2026. The LPA’s recommendation will be forwarded to the Board.
The following supporting materials are provided attached to this agenda item.
Staff Report
Draft Resolution to Approve
Exhibit A Legal Description
Exhibit B Revised Final Site Plan
Exhibit C Preserve Area Management Plan (PAMP)
Application Materials
Landscape Plans
Infeasibility of Tower Co-location
Shared Use Letter of Intent
Color Illustrations
Engineering Report
Disclosure of Interest
Sample Letter to Surrounding Property Owners
Legal Ad
Sign Posting Affidavit
Draft Resolution to Deny
Staff Presentation
ISSUES:
None
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 Revised Final Site Plan and approve the Preserve Area Management Plan for the Trailwind Farms Tower project.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $9,127.00 application fee and the $290 Completeness fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: