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HomeMy WebLinkAbout2007 08 27 Public Hearing 500.2 Cell Tower Site Plan CITY COMMISSION AGENDA ITEM 500.2 Consent Informational Public Hearing X Regular August 27,2007 Meeting MGR. /DEPT~ REQUEST: The Community Development Department requests the City Commission review the Vertex Development, LLC telecommunications tower site plan, on a 70' x 70' lease site, at the Tuscawilla Country Club (1500 Winter Springs Boulevard), in the Tuscawilla Planned Unit Development (PUD). Community Development staff requests the City Commission remove this item from the table and review the agenda item as written originally for the August 13,2007 City Commission meeting. .' CITY COMMISSION AGENDA ITEM 500.2 Consent Informational Public Hearing X Regular August 13,2007 i ~,p (01 Meeting {" MGR. /~EPT~ REQUEST: The Community Development Department requests the City Commission review the Vertex Development, LLC telecommunications tower site plan, on a 70' x 70' lease site, at the Tuscawilla Country Club (1500 Winter Springs Boulevard), in the Tuscawilla Planned Unit Development (PUD). PURPOSE: The purpose of this agenda item is for the Commission to review the proposed 150' tall monopole telecommunications tower (cell tower) site plan, pursuant to the site plan criteria set forth in Section 20-451 of the City's Code of Ordinances and other applicable regulations. ZONING AND LAND USE DESIGNATION: Zoning: PUD Future Land Use Designation: Recreation and Open Space Conditional Use: Pending APPLICABLE LAW AND PUBLIC POLICY: Comprehensive Plan Chapter 5, City Code (Tree Protection) Chapter 9, City Code (Land Development) Section 20-451, as amended by Ordinance No. 2006-12, Telecommunication Towers The Telecommunications Act of 1996 Section 365.172, Florida Statutes CONSIDERATIONS: 1. There may be a need to improve cell phone service in the Tuskawilla P.U.D. The applicant proposes to locate a 150' tall monopole tower in a 50' x 50' fenced compound on a 70' x 70' lease site at the 140 + acre Tuscawilla Country Club site within the Tuscawilla Planned Unit Development (PUD). 2. The proposed site is located near the southwestern end of the existing driving range and meets the minimum applicable setback requirements of Section 20-451. August 13,2007 Public Hearing 500.2 Page 2 of3 3. Subsection 20-451 (1) (e) (see page 8 ofthe attached Ordinance No. 2006-12) requires a site plan. Preliminary engineering submittal requirements for site plans are set forth in Section 9- 46 of the Code. 4. The applicant states that the site is not located within wetlands. Verification that the site is not located within a wetland must be provided, to fulfill comprehensive plan requirements. 5. Staffs review of the floodplain map indicates that the lease site is not within a floodway or the 100 year floodplain. 6. Other outstanding pertinent preliminary engineering plan information includes proposed utilities (Subsection 9-46 (2) (1)). 7. To fulfill the comprehensive plan requirements of Future Land Use Element Objective 1.2, Conservation Element Objective 1.6, and Conservation Element Policy 1.6.3 as well as demonstrate compliance with state and federal requirements, the applicant must provide a listed species report. 8. Final engineering submittal requirements for site plans and subdivision plans are set forth in Section 9-73 of the Code. Landscaping and fence information have been provided and appear adequate, subject to: (a) the results of a site inspection to determine what existing vegetation may be preserved and what must be removed; (b) substitution of an acceptable alternative shrub to the proposed Viburnum acerifolium (e.g. walter's viburnum - Viburnum obovatum); and (c) an irrigation plan to establish and maintain the landscaping. 9. There are significant landscaping requirements. A site inspection must determine compliance with the City Code, as noted in # 8, above. Trees can be existing on the subject property or installed to meet these requirements, or a combination of both. Any new landscaping, required to comply with the Tier Three standards shall be depicted on the site plan. Further, the proposed site must also meet the requirements of Subsection 20-451 (f) (10) landscaping. All landscaping shall be drought tolerant and shall be properly maintained by the telecommunications tower/operator to ensure good health and viability. Existing vegetation shall be preserved to the maximum extent practicable and be used as a substitute for or supplement to new plant material in meeting the landscaping requirements. Preservation of existing trees may require tree protection barriers. Any new landscaping is required to comply with the above-referenced section and shall be depicted on the site plan. 10. The proposed telecommunication tower site is subject to a final order approving settlement agreement and amended settlement agreement # 1, recorded in Official Records Book 3102, page 1356, as amended by the second amendment to settlement agreement, recorded in the ORB 3146, page 0454. Said agreements state that the subject property shall be developed as single family, detached residences. The proposed cell tower is inconsistent with these agreements. An amendment to the settlement agreements would be required to permit a cell August 13, 2007 Public Hearing 500.2 Page 30[3 tower on the subject property. The approval of the proposed tower shall be contingent upon the City and Tuscawilla Country Club mutually agreeing to amend the settlement agreements. FINDINGS: 1. The parent tract contains a golf course, is located within the Tuscawilla Planned Unit Development (PUD), is within the PUD zoning district and has a Recreation and Open Space FLU designation. 2. Any approval of a telecommunications tower on the proposed site will require an amendment to the applicable settlement agreements. 3. There are items listed below in the conditions of approval that must be provided with the site plan application package - items that must be provided before any clearing or construction may commence. CONDITIONS OF APPROVAL: 1. Approval of the conditional use of the tower at the proposed location and that conditional use becoming effective. 2. Provide an amended landscape plan, (a) depicting exactly what vegetation is to be preserved and incorporated into the landscaping and what will be new plantings and (b) an acceptable alternative to Viburnum acerifolium. 3. Provide a Listed Species Report and sufficient documentation to verify that the proposed facility location is not in a wetland to determine comprehensive plan compliance. 4. Provide, on the plan, a description and depiction of proposed utilities to be extended to the site. 5. Provide an irrigation plan that demonstrates survival and establishment of the new plantings. 6. Amend the settlement agreements to allow the installation of a telecommunications tower on the subject parcel, subject to the City Commission's discretion. PLANNING AND ZONING BOARD ACTION: At its regularly scheduled meeting of August 1,2007, the Planning and Zoning Board voted 4- o in favor of a motion to recommend approval of the site plan. RECOMMENDATION: The Planning and Zoning Board and staff recommend approval of the site plan, subject to the above-stated conditions. ATTACHMENTS: A. Location Map B. Draft P&Z minutes C. Site Plan 5 NOTES: Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 ""''''_J'_ <<10 . Feet 3' P Page Developed By: &1ut'-rtem Surveying cl M<f1phrg Corp. 2 : 2631 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING AUGUST 1, 2007 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, August 1, 2007 was called to Order at 7:04 p.m. by Chairman William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman William H. Poe, present Board Member Robert L. Heatwole, present Board Member Tom Brown, present via telephone Board Member Rosanne Karr, absent Board Member Denise Ryser, arrived at 7:10 p.m. A moment of silence preceded the Pledge of Allegiance. Under Agenda changes, Chairman Poe said, "I would like to address Item Number '600' as the fIrst Agenda and it is a Regular Agenda Item." .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. REGULAR AGENDA REGULAR 600. Parks And Recreation Department The Applicant Requests That The Planning And Zoning Board/Local Planning Agency Discuss The Proposed Grant Application And Recommend To The City Commission That Staff Submit A Florida Recreation Development Assistance Program Grant For Improvements To Central Winds Park Expansion (Dog Park). Mr. Chuck Pula, Director, Parks and Recreation Department introduced this Agenda Item and acknowledged his appreciation to the Board Members on last year's project. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 1,2007 PAGE20F7 Advisory Board Member Denise Ryser arrived at 7: 1 0 p. m. A Powerpoint presentation was displayed of the site. "I WOULD LIKE TO MAKE A MOTION TO APPROVE AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER HEATWOLE. DISCUSSION. VOTE: BOARD MEMBER RYSER: AYE BOARDMEMBERHEATWOLE: AYE CHAIRMAN POE: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS DISCUSSED NEXT, AS DOCUMENTED. .:. .:. PUBLIC INPUT Ms. Donna Hogan, 105 Arrowhead Court, Winter Springs, Florida: spoke against the cell tower and asked that the location be reconsidered. Mr. Mark McEwen, 103 Arrowhead Court, Winter Springs, Florida: noted he was not in favor of the location ofthe proposed cell tower. Mr. Jim Braun, 104 Arrowhead Court, Winter Springs, Florida: spoke against the location of the cell tower. lv/so Dorothy Benson, 220 Arrowhead Court, Winter Springs, Florida: said she was not in favor of the cell tower and location. .:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS DISCUSSED NEXT, AS DOCUMENTED. .:..:. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 1,2007 PAGE30F7 REGULAR AGENDA REGULAR 601. Community Development Department Requests The Planning And Zoning Board Review And Provide The City Commission With A Recommendation Regarding The Vertex Development, LLC Telecommunications Tower Site Plan, On A 70' X 70' Lease Site, At The TuscawiUa Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and said, "We did put an advertisement in the Orlando Sentinel and it appeared in the July 22, [2007] Orlando Sentinel on page J 17. There was a sign posted at the site and letters were provided to all of the Property Owners within four hundred and fifty feet (450') of the lease parcel." Mr. Baker added, "We also sent letters to the HOA [Homeowner's Association] people that we had contact addresses for Arrowhead 2, Country Club Village, Greenbriar 2, Chelsey Park 2 and Bentley Green." Chairman Poe asked, "And that has been reviewed by Mr. [Anthony A.] Garganese, City Attorney?" Mr. Baker said, "Yes." Next, Mr. Baker spoke of some Conditions that need to be met. Mr. Baker added, "We do recommend Approval subject to those Conditions." Discussion. Ms. Mary D. Solik, Esquire, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800, Orlando, Florida: spoke on behalf of Vertex Development and commented for the Record regarding a Tree Survey as part of the Application package as well as letters dated July 30, 2007 and August 1,2007. Ms. Solik said, "I am happy to report that we are in agreement with the Conditions of Approval. We will do the listed Species Report. We will do the Wetland Survey. Those things are typically done after the 'Conditional Use' is approved." Continuing, Ms. Solik said, "The Settlement Agreement is an issue that needs to be taken up by the City Commission and again that will come after the 'Conditional Use' approval process is accomplished. We are happy to change the plantings." Ms. Solik added, "We will put in the irrigation." "I WOULD LIKE TO MAKE A MOTION TO MOVE FORWARD [AGENDA] ITEM '601' PROVIDED THE CONDITIONS THAT THE STAFF RECOMMENDED ARE MET." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 1,2007 PAGE40F7 VOTE: BOARD MEMBER BROWN: AYE BOARDMEMBERHEATWOLE: AYE CHAIRMAN POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:..:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Consideration Of Ordinance 2007-22, A Large Scale Comprehensive Plan Text Amendment, Establishing A Public School Facilities Element And Amending The Capital Improvements And The Intergovernmental Coordination Elements Consistent With Chapter 163, Florida Statutes. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item. Next, Ms. Sahlstrom said, "The Implementation Schedule - will be Amended. This item will go to the City Commission on August 13th [2007] for briefing." Ms. Sahlstrom added, "It will go to the City Commission for First Reading on September lOth [2007]." Tape liS ide B Mr. Scott Stegall, Director of Capital Outlay, Seminole County Public Schools, Facilities Planning Department, 400 East Lake Mary Boulevard, Sanford, Florida: spoke on school concurrency and Interlocal Agreements. Chairman Poe opened the "Public Input" portion of the Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of the Agenda Item. Mr. Stegall discussed the concurrency service areas.