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HomeMy WebLinkAbout1997 02 17 Regular Item A COMMISSION WORKSHOP ITl8:M A REGULAR X CONSENT INFORMATIONAL &bruary 17, 1997 Meeting MGR/J~siW' Authorization REQUEST: Community Development Department requests the City Commission review with staff draft Ordinance 645 relative to the regulation of Communication Towers in the City. PURPOSE: The purpose of this Board item is to request the Commission to review the draft Ordinance relative to the regulation of Communication Towers in the City. CONSIDERATIONS: 1. At the November 25, 1996 regular meeting of the City Commission, the Commission adopted Ordinance 635-B placing a moratorium on the construction and/or l~rection of Telecommunications Towers within the City until January 30, 1997 to allow the City time to study the issues related to the location, construction and impacts of Telecommunications Towers in the City and develop regulations that will protect the health, safety and welfare of the residents and businesses in the City. 2. The City staff developed a draft "Telecommunications Tower" Ordinance which was pre:sented to the Planning and Zoning Board for its review at its January 2nd meetin,g. The P & Z Board made various changes and made recommendation that the City Commission adopt the proposed ordinance with such changes. February 17, 1997 AGENDA ITEM A Page 2 3. The CALNO Communication Tower Technical Committee held three meetings to discuss technical considerations relating to the siting of communication towers. 4. The City Commission, at its regular meeting on January 27, 1997 to hold a workshop on the draft Telecommunications Tower Ordinance (645). 5. The City Commission approved the first reading of Ordinance 646 extending the morato:rium for 60 days, on location of telecommunications towers in the City pending the review and completion of a draft Telecommunications Tower Ordinance (645). NOTE: After the January 2, 1997 regular meeting of the P & Z Board, a member of the P & Z Board became aware of new information relating to Telecommunications Towers while viewing Gable channel 9 Local Government (Orange County) and reading an article in the Orlando Sentinel and submitted his comments which are attached as an Addendum. ATTACHMENTS: 1. Text of draft Ordinance 645 2. Addendum ORDINANCE NO. 645 jW ORDINANCE OF THE CITY COMMISSION OF ~[,HE CITY OF WINTER SPRINGS, FLORIDA, j\MENDING CHAPTER 20 OF THE CODE OF I)RDINANCES BY CREATING SECTION 20-434 "TELECOMMUNICATIONS TOWERS"; PROVIDING lB'OR DEFINITIONS; PROVIDING FOR FINDINGS j~ INTENT; PROVIDING FOR APPLICABILITY; ll>>ROVIDING FOR LOCATION; PROVIDING FOR ll>>ERFORMANCE STANDARDS/DESIGN CRITERIA; ll>>ROVIDING FOR SPECIAL EXCEPTIONS; l?ROVIDING FOR CO-LOCATION; PROVIDING FOR j~ANDONMENT; PROVIDING FOR SEVERABILITY; j~ PROVIDING FOR EFFECTIVE DATE. WHER~\S, the City commission of the City of winter Springs, Florida has determined it to be in the best interests of the health, safety and welfare of the citizens of winter Springs, Florida to regulate the location, design and other matters relating to Telecommunications Towers in the City of winter Springs, Florida; and WHER~\S, the Code of Ordinances of the City of winter springs does not provide regulations which reflect changes in technology and federal regulations for such Telecommunications Towers; WHER~\S, the City of Winter Springs seeks to guide and control future development wi thin the City to preserve and maintain the character of its established land use and zoning districts and has an objective (Objective B of the Future Land Use Elemen.t in the City'S Comprehensive Plan, Vol. 2 of 2) which requires that "land development regulations shall provide criteria to ensure such (public and quasi-public) facilities are located and designed to be compatible with adjacent land uses"; WHERE1~S, the City Commission realizes that our society is becoming dependent on cellular and other types of communication requiring transmission towers and that provision of Telecommunication Towers and utility service facilities within the City of winter Springs serves the public health, safety and welfare; and NOW, ~mEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT: SECTION I - City of winter Springs Code, Chapter 20, II Zoning", :is hereby amended by adding a new section, section 20-434 to :read as follows: Sec. 20-434. Telecommunications Towers. (a) Definitions. ANTENNA shall mean a transmitting an/or rece1v1ng device used in telecommunications that radiates or captures electromag:netic waves, including directional Antennas, such as panel and microwave dish Antennas, and omni-directional Antennas, such as whips, excluding radar Antennas, amateur radio Ante:nnas and satellite earth stations. CO-LOCATION shall mean Telecommunications Towers that have the potential to have two or more carrier Antennas located on it. COMMU~ICATION TOWER shall mean a monopole, or an existing tower (guyed, lattice, etc.) greater than fifty (50) feet in height and which does not exceed one hundred eighty (180) feet in height (including antenna) which supports communication (transmission or receiving) equipment. The term Communication Tower shall not include amateur radio operator's equipment, as licensed by the Federal Communications Commission. (FCC). GUYED TOWER shall mean a Telecommunications Tower that is supported, in whole or in part, by guy wires and ground anchors. 2 LATTICE TOWER shall mean a Telecommunications Tower that is constructed without guy wires and ground anchors. MICROWAVE shall mean a dish antenna, or a dish-like antenna uSE~d to link communication sites together by wireless transmission of voice or data. MONOPOLE TOWER shall mean a Telecommunications Tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires afld iixt.n ground anchors. m:::::::::::::::::::;:< NIER shall mean non-ionizing electromagnetic radiation. PANEL ANTENNA shall mean an array of Antennas designed to concentrate a radio signal in a particular area. STEAum FACILITY shall mean any Telecommunications facili ty which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof-mounted Antennas, Antennas integrated into architectural elements, and Telecommunications Towers designed to look like light poles, mSn9 power poles or trees. ............... TELECOMMUNICATIONS TOWER shall mean a monopole tower constructed as a free-standing structure no more than 180 feet in height, containing one (1) or more antenna intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular telephones, or similar forms of electronic communication, excluding radar towers, amateur radio support structures licensed by the FCC, private home use of satellite dishes and television antennas and satellite earth stations. WHIP ANTENNA shall mean a cylindrical Antenna that transmits signals in 360 degrees. (b) Findings and Intent. The City has with increasing frequency received requests to approve sites for Telecommunications Towers. Land development regulations have not adequately identified specific procedures to address recurring issues relating to th.e approval of locations for Telecommunications Towers. Therefore, it is the intent of this ordinance (to be codified as Sec. 20-434 of the Code of Ordinances of the City of Winter Springs) to address the recurrent issues pertaining to the approval of Telecommunications TowerE; upon parcels located in the city of winter Springs. Accordingly, the City Commission finds that 1:he promulgation of this ordinance is warranted and neces!;ary: 3 (1) ~ro protect residential areas and land uses from the potential adverse impacts of Telecommunications ~rowers when placed at inappropriate locations or permitted without adequate controls and regulation l::onsistent with the provisions of law; (2) To minimize the adverse visual impacts resulting :Erom Telecommunications Towers through sound and practical design, siting, landscape screening, and innovative camouflaging techniques all in accordance with generally acceptable engineering and planning principles and the public health, safety and welfare; (3) ~ro avoid potential damage to adj acent properties 'through sound engineering and planning and the prudent and careful approval of Telecommunications ~rower sites and structures; (4) ~ro require shared use/co-location of existing and new Telecommunications Towers (capability of having space for three or more carriers) to avoid proliferation of towers throughout the City of winter Springs. One co-located position shall be reserved exclusively for the use of the City of winter Springs. (5) 'ro ensure that location of Telecommunications 'rowers is consistent with the provisions of the City of winter Springs Comprehensive Plan, the East Central Florida Regional Policy Plan, the State Comprehensive Plan as well as the provisions of state and Federal Law. (c) Appli'cability. (1) ,~ll new Telecommunications Towers aHif.??iflfei&HiUis. in 'the city of winter Springs shall::::::::::B'E{:'::::::~:HnJ'J::E{ct~ to .these regulations and all other applicable :regula tions . For purposes of measurement, 'relecommunications Tower setbacks as listed in subsection (g) (1) and separation distances as listed in subsection (g) (2) shall be calculated and applied to facilities located in the City of winter Springs, irrespective of other municipal and county jurisdictional boundaries. 4 (2) (3) (4) l~ll new communications Antennas (i.e. stealth rooftop or building mounted antennas) which are not attached to Telecommunications Towers lshall comply with subsection (g) (12). 1Ul Telecommunications Towers existing I::>n , ~~ ;t:'$,igi7i (the effective date of thiH ordinance) :;hall.......be....allowed to continue their usage as they presently exist. Routine maintenancE~ (including replacement with a new tower of like construction not to exceed one hundred eighty [180] feet) shall be permi tted on such existing tmvers. New construction other than routine maintenance on an l~xisting Telecommunications Tower shall comply 1iith the requirements of this section. ][i'or purposes of implementing this section, a ~relecommunications Tower that has received City approval as a special exception or building permit, but has not yet been constructed ,I shall be considered an existing tower so long as such approval is current and not expired. (d) Locat:ion, Permitted Uses and special Exceptions. (1) ~relecommunications Towers shall be an allowed use within the following designations on the Future :Land Use Map of the Ci ty of winter Springs: Industrial; Public Buildings; utility !~~;!) ili~__ (2) A monopole or stealth facility shall be the permitted type of Telecommunications 'rower within the City of Winter Springs. (3) other types of Telecommunications 'I'owers (i. e. lattice, guyed, etc.) shall requirE! a special lexception as indicated in Chapter 20 Division 3 :Soard of Adjustment Sec. 20-82 through 20-83 of the Code of Ordinances, City of winter Springs. (e) site :P1an. Any Tl~lecommunications company or entity that intends to install a Telecommunications Tower in the City shall file a sH:e plan (as defined in Chapter 20 "Zoning", if applicable and/or Chapter 9 "Land Development" Code of Ordinances, City of Winter Springs) with the Land Development Coordinator. Said site plan shall be revie'wed by the Development Review Committee and approved 5 ~i=~:[;a:gl~w.ga::::f:api~Qy.am. by the Building Department and the cT:€Y':':':'E:'ii'gTh:e:er":':'ii't":':l:'ll'e time building permits are requested. (f) Applic:ation for special exception and buildinq permit requents. Applic:ations for special exception shall be submitted to the Land Development Coordinator and building permit requeBt shall be submitted to the Building Official. (q) Perfo]~ance standards/Desiqn criteria. (1) Setbacks. Cl. Telecommunications Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located, unless the requirements of Subsection fet m~~(2) require a greater setback. b. The setback requirement shall be ten (10) feet. (2) Separation of towers from off-site uses. Cl. Residential use (single-family/multi- family/mobile homes) which is platted or has a valid subdivision plan which is not expired - two hundred and fifty (SO) feet from an exiotin9 reoidential otructure .ii:ife.fUfgit::::i:iifl$.ili 1111~,,~:!gnlt:::::i::::9~:::::::::!ln!:::!::::::laiB!t:::::::::r;BgM:mi::~I~:::i:::::Rllg:~iFBY b. Vacant, unplatted residentially zone property .ii_l~_ c. Non-residentially zoned lands or non- iiiliiii,;;~i~~:~se - none. 1;1::::::::!:!~!~:~:::::&el:!;J:::::::&g:1f:lli d. Separation diotanceo may be reduced by the Development Revie\: Committee when notarized written conoent io obtained from thoDe affected property ownero uithin the applicable oeparation diotance. (3) Separation distances between Telecommunications r:rowers. a. Separation distances between Telecommunications Towers shall be applicable for and measured between the proposed tower 6 and those towers that are existing and/or have received the City of winter Springs land use or building permit approval after , ~ mg~rn (the effective date of this ordinance). ThEi""separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. h. The minimum linear feet) feet. separation distance (listed in shall be two thousand (2,000) c::. The separation distance may be reduced by special exception as defined in Chapter 20, Division 3. Board of Adjustment, Sections 20- 76 through 20-84 of the Code of Ordinances, City of winter Springs, Florida. d. The proximity to other existing Telecommunications Towers shall be a factor considered and addressed during the special exception hearing for any proposed Telecommunications Tower. ( 4 ) ltJeasurement of Height. a. Measurement of Telecommunications Tower height shall include Antenna, base pad, and any and all other appurtenances and shall be measured from the finished grade of the parcel on which the Telecommunications Tower is located. Jo. Telecommunications Towers shall not exceed one hundred eighty (180) feet in height which shall include the antenna. (5) Illumination. ~relecommunications Towers shall not be artificially lighted except to assure human safety ep as required by the Federal Aviation Administration. (6) Finished color. 'relecommunications Towers not requiring FAA painting/marking shall be of such color that will :blend with the surrounding environment. (7) structural Design. a. site planes) are required and shall be submitted for approval as defined in Chapter 7 20 Zoning (if applicable) and/or Chapter 9 Land Development, Code of Ordinances, City of winter Springs, Florida. h. Telecommunications Towers shall be constructed in accordance with the EIA/TIA 222-E Standards as published by the Electronic Industries Association, which may be amended from time to time, ASCE 7-95, "Minimum Design Load for Buildings and Structures", (Wind Loads Chapter), as published by the American Society of civil Engineers, and further defined by ASCE 7-88, "Guide to the Use of the Wind Load provisions", both which may be amended from time to time, and all City of winter Springs construction/building codes as indicated in a statement signed, sealed and dated by a professional engineer licensed to practice in the State of Florida. G. Such statement shall also describe the tower's m~~IW:lg capacity, number and type of antennas Tt.w..........C~iri accommodate. No tower shall be permitted to exceed its loading capacity. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed ~ ~* the tower. d. All new Telecommunications Towers, and those existing towers to be modified, shall have the capability of having space for three or more carriers. One of these spaces shall be rese:r:ved excl ~s i ve lyt?E....!:.!!.Tw...,Y.:.~~.....~.f......!:~..~........~.!.iy ~_.. 13. Further, any improvements and/ or addi tions (i.e., Antenna, satellite dishes, etc.) shall require submission of a site plan signed, sealed and dated by a professional engineer licensed in the State of Florida which provides substantial competent evidence of compliance with the EIT/TIA 222-E Standards ASCE 7-95, "Minimum Design Load for Buildings and Structures", (Wind Loads Chapter), as published by the American Society of civil Engineers, and further defined by ASCE 7-88, "Guide to the Use of the Wind Load Provisions", both which may be amended from time to time, in effect at the time of said improvement or addition. 8 (8) Public Notice. (9) C' . .)1gnage. Uo commercial signage or advertising shall be permitted on a Telecommunication Tower unless otherwise required by law or the signage pertains only to the posting of the property relative to 1:respassing. The use of any portion of a tower or perimeter fence/wall for signs or advertising purposes, including company name, banners, streamers, etc., shall be prohibited. (10) Fencing. Cl. A chain-link fence or wall not less than eight (8) feet in height from finished grade shall be installed by the applicant around each Telecommunications Tower. Barbed wire or other fencing method to prevent pedestrian access to the tower, not to exceed two (2) feet in height, may i.l'.Hi')tJ.j be installed along x-:<<-x-:-:....-:-:..-:-:....:.. the top of the fence or"wa1l, but shall not be included when calculating the height of the fence or wall. b. Access to the tower through the fence or wall sha 11 be thro\l9~vv.~..^..9.?~.~...~J::1.~.c=.~....!:;~~.~.~....l?~.....:t.9.'?~.~?. i~9i~:~m:~~m::e !l'~'!':;;:!"!!*'rp!!g~~~~~,:!~~!!:a"! by.......thc.'..'.peraon or entity in charge of the Telecommunicationa Tm.rer or aite. (11) Landscaping. ~~he visual impacts of a Telecommunications Tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures in order to maintain visual aesthetics for those who must view the site on a regular basis including, but not limited to, proximate residents and the travelling public. The following landscaping and buffering requirements shall be required around the perimeter of the tower and accessory structures; 9 d. a. A row of shade trees of m1n1mum of eight (8) '.' ..... ............... ..............Wjj. '.' .......v.wmm.w...w................... ....w....jj. ....wft. W.' ....w..................". .....w........O......ijl. ...........J..~V^.........., f t t 11 ti.b.....t......... ..].1..................6....6...... ..... ..t............ ""4" .. ...... ..'.....e... . .~. ...,M.... .....~:iS;:~~ ..... :is;''~ ~..."",....... ..... :.tS:l!S . t:~ a:d ofig:!=ff!:ll::::::):::t:::~~~Mrrf2:::ji:::::::;~:h~h~~:::if'!:h:::::)8:~if:;r:~~~: and a maximum of ten (10) feet apart shall be planted around the outside perimeter of the fence/wall; b. i,il.~ capable of growing to at least thirty-six (36) inches in height within eighteen (18) months shall be planted in front of the tree line referenced above; c:: . All landscaping shall be of the evergreen variety being a minimum quality of Florida #1. All landscaping shall be xeriscape tolerant and shall be properly maintained by the Telecommunications Tower owner/operator to ensure good health and viability. The use of existing vegetation shall be preserved 1:0 the maximum extent practicable and may be used as a substitute &f. or 4ft supplement towards meeting :Landscaping requirements. (12) 1~ntennas on Buildings. 1UlY stealth rooftop or building mounted antennas uhich are not attached to a Telecommunications ~~ower, shall be a permitted ancillary use to any c:ommercial, industrial, Public Buildings, utility Installation, and Recreation (sites greater than ten [10] acres in size) land uses indicated on the Future Land Use Map of the City's Comprehensive Plan provided that: a. antennas shall only be permitted on buildings which are at least fifty (50) feet in height (the height requirement may be waived if public safety needs warrant the antenna); b. antennas may not extend more than twenty (20) feet above the highest point of a roof (this requirement may be waived if public safety needs warrant additional height); G. antennas and related equipment buildings shall be located or screened to minimize the visual impact of the antenna upon adjacent properties and shall be of a material or color which matches the exterior of the building or structure upon which it is situated. 10 d. no commerci.~.!.....~.~y~.;:.~.~.~.~.~9.....~~~~.~..~~~. allowed on an antenna gl;:~~~:~:~aEggE;:itig::::;~ffiEI..D; no signals, lights, illumination shall be permitted on an antenna or equipment building unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). o. ~an~!:I::::::'~~:'I!llln""'I:':~:!:!'!I:!";~:!t ~~~~;~~ more than seven hundred fifty (750) square feet of gross floor area or be more than .~~ if the equipment building is located on the roof of the building, the area of the equipment building shall not occupy more than twenty-five (25%) percent of the roof area. (13) Equipment storage 9. f. Nobile or immobile equipment not used in direct support of a Telecommunications Tower facility shall not be stored or parked on the site of the ~liiiiEiiiiii~iiiiti~ to the tower are being made, (14) Schedule of structural Integrity ']~elecommunication Tower owners/operators shall submit to the Building Department a certified e;tatement from a qualified, registered, professional engineer, licensed in the state of :E'lorida, attesting to the structural and electrical i.ntegrity of the tower on the following schedule: :::~1%~;:;1;tli'~ljl:lir.lrlll"'i";[:;:::::gni:::::::::::;:::~m,~E:::;:::;::;::I!I!~1 ::::::;:::;:;:;:;:::;:;:;:::...;::::::::::::::::::::::::;:::::::;:::::;:::::::;:::::::::::;:::::::;:::;:::::::::;:;:::::::::::::::;:::;:::::::;:;:;:::::;:;::::: (b) monopole towers - every five (5) years; ~mg:l; any other type tower - every two (2) years. (15) 'I'ransmissionjReception Interference. Each application to allow construction or IIlodification of a Telecommunications Tower shall i.nclude a certified statement from a qualified, registered, professional engineer, licensed in the state of Florida, attesting that the construction of the tower, including receiving and transmitting 11 functions, shall not interfere with public safety communications and the usual and customary 1:ransmission or reception of radio, television, E~tC., service enjoyed by adjacent residential and non-residential properties. (16) ~~elecommunications Towers are prohibited when a proposed or existing principal use includes the Btorage, distribution, or sale of volatile, E~xplosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals. (h) Co-loc:ation of Communications Antennas. To minimize adverse visual impacts associated with the proliferation and clustering of Telecommunications Tower~;, co-location of communications Antennas by more than Cine (1) carrier on existing or new Telecommunication Towen; shall take precedent over the construction of new singIE~-use Telecommunications Towers as follows: (1) Proposed communications Antennas may, encouraged to, co-locate onto ~~elecommunications Towers. and are existing (2) ~~ype of Construction. A Telecommunications Tower ~lhich is reconstructed to accommodate the Co- location of an additional communications Antenna Bhall be of a monopole tower type. (3) Height. An existing Telecommunications Tower may l>e modified or rebuilt to the allowed height of one ~~~ii:~:;;gi~i~.iili*;~n~I;:::i.ii.li~IUding antennas. (4) C>nsite-Iocation. cL. A Telecommunications Tower which is being rebuilt to accommodate the Co-location of an additional communications Antenna may be moved onsite within t\lO hundred fifty (250) feet of i:i:ilii:I:i~ii:::t~iiijliiilii:llllllllilllllnlt:~;;ill! b. After a Telecommunication Tower is rebuilt to accommodate Co-location, only one (1) tower shall remain on the site; c. The onsite relocation of a Telecommunications Tower which comeo s(6.&'jttl:IhS$.):IE6iif.@ wi thin the separation distances::::':::::E8:::::::::pe='ErnteH;:Eial units or residentially zoned lands as established in subsection (g) (2) oh;:lll only be permitted \:hen 12 not~rized written conDent iD obtained from thoDe affected reDidential property ownero. (i) certi1:ication of Compliance with Federal Communications Commi!lsion (FCC) NIER Standards Prior to receiving final inspection by the winter Springs Building Department, documented certification shall be submit:ted to the FCC, with copy to the Land Development Coordinator, certifying that the telecommunications facility complies with all current FCC regulations for non-ionizing electromagnetic radiation (NIER). (j) Abandcmment. (1) In the event the use of any Telecommunications Tower has been discontinued for a period of one- hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of t:he date of abandonment shall be made by the Building Official who shall have the right to request documentation and/or affidavits from the ~~elecommunications Tower owner/operator regarding 1:he issue of tower usage. The Telecommunications ~~ower owner/operator shall provide all requested i 'c)wi1'eiIO'p'era'bif" of the tower shall have an additional one hundred eighty (180) iwp':,,:!iM if;$,:p:~; clays within which to: (i) reactivate....the.....use.....O'f 1:he tower or transfer the tower to another owner/operator who makes actual use of the tower, or (ii) dismantle and remove the tower. with regard to towers that received special exception approval, one hundred eighty (180) fi!~fig#M ::,:ggj:l:j clays after dismantling or the ex irafT6Ii'~....~.6f .......the i. ~:~d~~:i~;da:i::[ ~~~n~J~~~ 'h,!,'e'cTal exception and/or variance for the tower shall automatically expire. (2) ~~E..~w.....S.!~y.w...?f winter springs, ~t thiD point HRSl1 ~9.i$.ttgQP.ID~b.~, and at its discretion, may ass'\:ili1e .()wiier.shTp....~of the tower at no cost, or require the owner to dismantle the tower at the owner's E~xpense. If the decision is to dismantle the tower, the property shall be cleared of all appurtenances and returned to its natural state. 13 ..,~~ SECTION II - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION III - That all Ordinances or parts of Ordinances in conflic't herewith are hereby repealed. SECTION IV - This Ordinance shall take effect immediately upon its adoption, in accordance with 166.041(4) Florida Statutes. PASSED AND ADOPTED this____day of , 1997. CITY OF WINTER SPRINGS Paul Partyka, MAYOR ATTEST: CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING 14 ADDENDUM After the J"anuary 2, 1997 regular meeting of the Planning and Zoning Board, a member of the Board became aware of new information relating to Telecommunications Towers while viewing cable channel 9 Local Government (Orange County) and reading an article in the Orlando sentinel. The following are his submi tt:ed comments: NOTE: Orange County Board of Adjustment: Concerning a Cell phone PCS Tower request, it was stated that c:ell phones use 900 megahertz frequency. PCS s~ystems use 2,000 megahertz. A company expert said t:hat 103 feet (tower) is optimum height for PCS system. Each additional antenna for co-location needs additional fifteen (15) feet. SUGGESTION: communicati.ons Tower Application Form should include: Applic:ant to confirm by documents that he/she has made reques:t (s) of others for co-location and been refused; or that 1t:owers are unavailable for cO-location, and has applic:ant made request of other operators to co-locate with bim/her. SUGGESTION: Towers, shall be structurally designed to accommodate 3 antenna by height increase if necessary, wi thin the height limits established in this ordinance. SUGGESTION: winter Springs should revise the draft ordinance to require 500 feet or 3.5 times the tower height, whichever is larger. NOTE: Orange County is considering modifying the distance rule to nearest residence from three (3) times the tower height to four (4) times the height. SUGGESTION: Winter Springs may wish to consider what Orange County is now considering adding the following to its ordinance: If a tower owner has refused a co-location request without a valid objection, the county's permit for 15 t:he tower may be revoked two (2) years after the original installation and operation. The tower shall then be removed as if it had been abandoned. NOTE: l~s reported in the Orlando sentinel 1/4/97 .. (Don) Fisher, who wrote the county's (Seminole) ordinance em cellular phone towers, said poles must be a minimum of 200 feet from residences. Unfortunately, the rules don't apply to poles in a utility easement, he said. .But for towers that ae placed in power-company easements, we have no control over height... SUGGESTION :: The following language [ to be placed after section I(g) (12)g. ] may help address the problem of no control over 1:owers in the power-company easements: Communication antennae may only be mounted on f~xisting or new electric utility towers for the f~xpress use of and for the utility which owns the tower and not for use, and transmission for fees or lease, unless all height, separation, design and performance standards of this section (g) are met. 16