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HomeMy WebLinkAbout2005 03 07 Other Date: March 7, 2005 The following Documents were made available during the March 7, 2005 City Commission Workshop. " BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attornrys at Law Usher L. Brown · Jeffrey P. BuaklJ Suzanne D'AgreslarJ Anthony A. GarganeseU John H. Ward · Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb-Nutcher" Joseph E. Blitch John U. Biedenharn, Jr. Victoria L. Cecil Lisa M. Fletcher Amy J. Goddard Katherine Latorre 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law Erin J. O'Leary J. W. Taylor Of Counsel October 8,2004 VIA U.S. MAIL John Baker, Planning Coordinator City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: SpectraSite Communications, Inc.-Application for Sprint Communication Tower Co-location Winter Springs - General Our File No.: 1193 Dear John: Please allow this correspondence to serve as a follow-up to our letter dated September 13, 2004, regarding the above-referenced matter. In that regard, we have received the documents requested from Seminole County regarding the cell tower site. We were pleased to learn the cell tower was approved by special exception on or about June 26, 2000, by the Seminole County Board of Adjustment. As such and in accordance with our legal opinion, no further special exception is required for the tower to be increased in height by the requested 20 feet and the placement of an additional array at the top of the antenna. Please see Section 30.1368(d) of the County Code. The applicant will, however, be required to obtain a special exception for the ancillary facilities _ which they intend to place on the ground to service the array. As we previously opined, SpectraSite could avoid this requirement by providing for the co-location of the ancillary equipment with the existing Nextel equipment. However, we understand this may not be commercially or technically preferable. Based on the foregoing, SpectraSite should submit an application for special exception relating to the ancillary equipment. The special exception will need to be 225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144 . Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@ortandolaw.net John Baker, Planning Coordinator City of Winter Springs October 8, 2004 Page 2 reviewed under the provisions of the County's Code, the County's land development regulations and may be approved in the usual course with reasonable conditions of approval such as landscaping and set-backs. We have enclosed for your file a copy of the documents received from Seminole County. If you have any questions regarding this matter, please do not hesitate to contact our office. Very truly yours, / / '" Jeffrey P. uak Assistant City Attorney JPB/eah Enclosure G:IDocslCity of Winter SprlngslCorrespondencelBaker, JohnIBaker_SpectraSlte_Ltr100804.wpd Ivlessage Page i of 1 John Baker From: Jeff Buak Dbuak@orlandolaw.net] Sent: Tuesday, October 12, 2004 4:08 PM To: John Baker Subject: Re: SpectraSite Com. Tower Hi John, Our opinion was based upon two things. First the permit, dated June 27,2000, only provides for the approval of a 156 foot monopole telecommunication tower, it does not mention any equipment facilities. Be that as it may, we assumed the original equipment facility was approved, even though not specifically listed on the permit nor on the application, as the same was provided for on the site plan. Assuming for the sake of argument that the special exception provided for the tower and original equipment facility, as well as three (3) other equipment facilities, the special exception expired after one (1) year if permits were not obtained. Second, the county code supports the proposition that the permit issued in 2000 did not contain a special exception for additional equipment facilities. The code specifically provides new equipment facilities will need a special exception unless they co-locate with existing facilities. The Code is trying to limit negative visual appearances by either limiting the number of facilities or alternatively allowing for a process whereby reasonable conditions can be implemented to protect against negative appearances. Please let us know if you have any questions. Jeff Buak ----- Original Message ----- From: JQbn~9k~[ To: jPLJ9k@Q[19nqQJ9YV,n~J Sent: Tuesday, October 12, 2004 3:43 PM Subject: SpectraSite Com. Tower Received the letter and associated documentation regarding the tower. It appears that the tower was approved with 2 future 10' x 20' equipment building pads for future co-location capability. If this were approved, please explain why we need to process a special exception? please advise thanks Confidentiality Note: This e-mail, and any attachment(s) to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank You. 10/12/2004 Sec. 30.1368. Co-location of communication tower antennas. (a) General policy relating to co-location. To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, co-location of communication antennas by more than one (1) carrier on existing or new communication towers is encouraged. Additional communication antennas proposed on existing Communication Towers are permitted uses and may co-locate onto existing communication towers if they satisfy the requirements of this section and no special exception is required. (b) Procedure for administrative granting of special exceptions. If co-location requires utilization of real property for construction of ancillary facilities such as equipment rooms, which uses were not permitted under the applicable zoning code and which uses are expressly prohibited by prior special exceptions, then such ancillary facilities such as equipment rooms shall not be deem'ecta-permifteifuse as a matter of right under this section unless and until a special exception is issued pursuant to the provisions of this subsection. (1) The Planning Manager, after consultation with the applicant, shall determine in conjunction with the Planning and Development Director, consistent with sound and generally accepted planning and land use principles, whether co-location of ancillary equipment, such as equipment room, in support of co-located communication antennae are appropriate and meet the criteria of this section. (2) Upon a determination that the co-location of ancillary facilities, including equipment rooms, are appropriate for a parcel, the Planning Manager shall cause a "Notice of Intent to Allow Co-Location of Communication Tower Ancillary Facilities,-- Including Equipment Rooms" to be published in a newspaper of general circulation. The Notice shall, at a minimum, state the address ofthe real property and the proposed use. The Notice shall further state that any person objecting to the use of the property as described must file a notice of objection with the Planning Division within fifteen (15) days of the publication. (3) Upon a determination that co-location of Communication Tower ancillary facilities (including equipment rooms) is not appropriate for the subject property, the applicant may appeal said decision the Board of County Commissioners by filing a notice of appeal with the Planning Division within fifteen (15) days of the rendering of the decision. The Planning Division shall schedule the appeal before the Board. The Board may approve or deny the co-location. (4) If the Planning Division receives no objections to the Notice, in his or her sole discretion, then the Planning Manager shall allow the co-location of Communication Tower ancillary structures (including equipment rooms) as proposed. (5) The Planning and Development Director shall issue a development order or denial development order consistent with the determination made under this section. (c) Type of construction. A communication tower which is modified or reconstructed to accommodate the co-location of an additional communication antenna shall be of the same tower type or a lesser impact tower type, as determined by the Planning Manager based upon the intent of sections 30.1362 through 30.1370 and sound and generally acceptable planning practices and principles, as the existing communication tower. (d) Height. An existing communication tower may be modified or rebuilt to a taller height, not to exceed twenty (20) feet over the tower's existing height, to accommodate the co-location of an additional communication antenna. Such a height increase may only occur one (1) time per communication tower and may be allowed for those sites, which obtained previous special exception approval. The additional height authorized herein shall not require an additional distance separation as described in Table 1, section 30.1364. The communication tower's pre-modification height shall be used to calculate such distance separations. ( e) Site location. A communication tower which is being rebuilt to accommodate the co-location of an additional communication antenna may be moved on the site to an area located within fifty (50) feet of its existing location and may also be relocated, with the approval of the Planning Manager based upon sound planning and land use principles and upon a finding that such approval would be consistent with and further the intent of this Code, in the same manner on a site which received a previous special exception notwithstanding any condition of approval relating to the grant of the special exception. After a communication tower is rebuilt to accommodate co-location, only one (1) tower may remain on the site. A communication tower relocated on a site shall continue to be measured from the original tower location for purposes of calculating separation distances between communication towers. A communication tower which has been relocated on a site and which intrudes into the separation distances required with regard to property described in Table 1, section 30.1364, shall only be permitted when written consent as set forth in a recordable instrument is obtained from all property owners within the applicable separation distance. (f) Filing of a master plan. To enhance the County's ability to promote the co-location of communication towers, any communication company that owns or operates a communication tower in the County or intends to install a communication tower in the County shall file with the Planning Division a master plan indicating the site of all existing communication towers, any and all proposed communication tower sites and a statement describing the anticipated communication tower needs over the next ten (10) years; provided, however, that disclosure of marketing strategies, trade secrets, commercially privileged information or any other information that the provider deems would adversely effect his, her or its ability to compete is not required to be disclosed and the determination of the communication company shall be conclusive. The master plan shall be filed on or before January 1 of each year. The master plan is not binding. Its primary purpose is to serve as a mechanism of coordinating co-location of communication towers between persons and entities involved in that industry. (Ord. No. 96-5, g 33, 7-9-96; Ord. No. 00-13, g 54,2-22-00; Ord. No. 02-53, S 1, 12-10- 02). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING ~ NOVEMBER 22, 2004 PAGE 7 OF 33 INFORMATIONAL 304. Public Works Department Advising The City Commission Of The Status Of Various Capital Improvement Projects. There was no discussion on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE INFORMATIONAL AGENDA." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORMILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department Presents To The City Commission A Request For A Special Exception To Allow An Additional Telecommunications Co-Locator To Place Ground Equipment (Associated With Co-Locating Additional Antennae On An Existing Telecommunications Tower) Within A 100' X 100' Lease Site, Pursuant To Chapter 30 Of The Seminole County Code. Ms. Sahlstrom introduced this Agenda Item and stated, "He did indicate that a Special Exception would be required for the equipment - the additional equipment and facilities that would be located on the ground. The equipment that will be located is actually shorter than the existing fence height. There is actually an error in your Staff Report where it says it's taller than the fence, but the fence is in fact eight feet (8') and the existing equipment and future equipment would be less than that. Staff believes that the primary issue is whether this new equipment would be adequately screened. We have been told that there will be no lighting of the Tower; that the FAA [Federal Aviation Administration] will not require lighting and that the equipment does not generate any noise and it's not a microwave dish." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22, 2004 PAGE 8 OF 33 Ms. Sahlstrom further stated, "The City Arborist made some comments that were given to the Applicant at the - BOA [Board of Adjustment] Meeting. And the Applicant did indicate that he would comply with all the comments. In your packet of materials, you have both what was the initial submittal plus an additional two (2) sheets that were added at the back that show the change of adding more vegetation around that to screen it further. And the Applicant has indicated that they would irrigate this vegetation." Further discussion. Mr. Richard Shirah, Earth Com Services representing Spectra Site, 109 Thompson Cove, Saint Simons Island, Georgia: stated that "The work that we do; we work for a variety of carriers, in this case it's Sprint. One of the first things that they expect us to do when we go out looking for sites is to find something we can co-locate on. In this case this tower was well located for that, because it's fitting in between other sites in the area. So that's the reason this one was chosen. If you go very far away from this, then you defeat the purpose of being there because it's there - to fill in that - hole to provide the coverage for the area - what we would call the Radio Frequency Objective." Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Robin Germillion, 1570 Wescott Loop, Winter Springs, Florida: spoke on this Tower being pleasing to the eye, and inquired as to how many additions there could be. Mr. Shirah stated, "When you go to a stealth type, what we call a close mount situation - what you're talking about - of course what's there already has the mounts on it." Mr. Shirah continued, "If you do the close mount, it limits the number of antennas you can use - but, what it does is then limits the capacity of that site, so a typical site you would want to get on there - in this case, they want six (6) antennas, which can be done with what you call 'stiff arm mounts' ." Next, Mr. Shirah noted, "As far as converting this to some kind of camouflage or stealth structure in the future, that's a very difficult thing to do. I have done quite a number of camouflage towers, pine trees, flag poles, whatever - they need to fit wherever they go - because most places where they have a camouflage tower - there will be a requirement that it be architecturally and aesthetically compatible. In regard to the ground equipment here, we are simply putting in a 14 x 16 pad - concrete pad, for a cabinet type facility. Our cabinet type ground equipment that will be below the level of the fence - as far as the top of that equipment. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22,2004 PAGE 9 OF 33 One of the issues that was raised in the BOA [Board of Adjustment] was the noise factor. Sprint - in this case, they are not putting a generator on site. The only time that they would need to do so would be in the case of an emergency and at that time, they have an inventory of portable generators they bring to the site." Furthermore, Mr. Shirah said, "Also, we talked about a drainage issue, and I think some of the neighbors were concerned about - due to the wetness of the area out there that it would cause a problem. We would put in the system so that it would strictly only water the plants that are there; and that was a requirement of your Arborist so we want to comply with that. The reason we did not bring that totally to a head was because we understand there could be potentially a problem with the salinity of the water out there. So, we didn't have quite enough time but we wanted to continue to move forward with this. And, so we need to get our hands on a Landscape Architect in Florida to do the homework that needs to be done to be sure we do this and do it right. In the event that the salinity is a problem, then we've got to find another source of water. And it's a decent distance away from visual observation out there. But what we want to do is regardless - is provide what we need to provide to insure the longevity of the plantings." Manager McLemore said, "My personal recommendation to you would be to Table this Item tonight; and have this gentleman bring in the - photo renderings of the different types of stealth type antennas that go on these posts so that you can see those. Ifhe can't bring them, I have access to them before you make this decision." Manager McLemore further added, "You are trying to limit the obtrusiveness of the antennae that's on the pole itself to surrounding property owners and there are options for doing that and I think you ought to know what those are before you make a decision." Deputy Mayor Miller remarked, "If we go that route, I would also like to see some artist renditions of what - the extension would look like with the antennas on it." Deputy Mayor Miller commented, "The other thing is, we have an airport just to the north of us - what is the height at which you have to have a beacon on the top?" Mr. Shirah said, "There is no absolute height. Generally speaking, at 200 feet is when we have to go to the FAA [Federal Aviation Administration] to request them to verify that there is no determination of a safety hazard; 200 feet is the cut-off point. In this case, we've already done our homework on this, and there will not be any kind of problem with the FAA [Federal Aviation Administration]." Commissioner Blake said, "I do not have any information whatsoever regarding the County's Rural-3 Land Use designation, or the Agricultural-3 Zoning classification. What the requirements are; what is allowed; what is not allowed; what is required to have a Special Exception and Land Use issues of this sort are quite complex and take some time in order for us to comprehend what the rules are prior to making a decision. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - NOVEMBER 22,2004 PAGE 10 OF 33 What I would recommend, Mr. Manager, and I will make a Motion to this effect, is that your questions about information on different types of Towers, stealthiness of those Towers, issues of that sort; I think are good issues to look at, but before we even get there, I think this Commission needs to hold a Workshop looking at some information on what the County's Land Use rules are, since we are, at this point in time, required to apply their rules to this application. And to not render any decision on this Application until such time that the Commission understands exactly what the Zoning and Land Use requirements are for the County at that location." Mayor Bush closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE THE MOTION THAT WE TABLE THIS APPLICATION AT THIS TIME, WITH THE UNDERSTANDING THAT WE WILL SCHEDULE A WORKSHOP - I THINK IT IS PROBABLY GOING TO TAKE STAFF SOME TIME TO GET ALL THAT TOGETHER, SO I WOULD LIKE TO SCHEDULE A WORKSHOP IN - FEBRUARY, TO REVIEW THE COUNTY'S ZONING AND LAND USE LAWS, SPECIFICALLY AS THEY PERTAIN TO THE PARCEL THAT THIS APPLICATION IS ON; AND AFTER THAT TIME, THEN WE WILL RESCHEDULE THE PUBLIC HEARING." COMMISSIONER BLAKE ADDED, "IT WILL HAVE TO BE RE-ADVERTISED AT THAT TIME AND WE WILL BRING IT UP AGAIN FOR PUBLIC HEARING, AFTER WE HAVE ALL THOSE FACTS, AND CAN REHEAR IT." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 401. Community Development Department Requests The City Commission Hold A Public Hearing For Aesthetic Review Of The Barclay Woods Town House Units. Mr. John Reny, 641 North Maitland Avenue, Maitland, Florida: addressed the City Commission and stated, "I also brought in the draft of my HOA [Homeowner's Association] Covenants where I included the Items excluding screened covered porches on those units, and keeping the garage doors closed, and the other issues that I was asked to address." Discussion. ~ ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Page 7 of 15 not to exceed ten (10) feet in height, may be exempted from the garaging and fencing requirements of section 20-434 until July 2, 2001, if the dwelling unit of the owner, user, or caretaker of the authorized commercial vehicle does not have a garage or fence capable of screening the vehicle from view as provided in section 20-434 provided that the owner, user, or caretaker of the authorized commercial vehicle shall have first acquired from the city a limited term parking permit which shall be clearly affixed upon the rear window or rear panel of the authorized commercial vehicle. [THIS PAGE INTENTIONALLY LEFT BLANK] (b) Following the termination of the period of the permit the commercial vehicle must comply in all respects with section 20-434 or be removed from the residential zoned district. (c) No authorized commercial vehicle as defined in section 20-434 may be provided a limited term parking permit later than December 31, 1999. (d) A permit may be transferred to a similar authorized commercial vehicle as defined in section 20- 434 for the duration of the special exception provided that a new permit is acquired from the city and the original permit is returned to the city. (e) Lost limited term parking permits must be replaced by the city and affixed upon the vehicle as provided herein before the vehicle can be parked in a residentially zoned district of the city. (f) Limited term parking permits may be purchased from the city for a price of twenty-five dollars ($25.00). Transferred and replacement limited term parking permits may be purchased from the city for a price of twenty-five dollars ($25.00). (Ord. No. 721,96,6-28-99; Ord. No. 747, 91,11-22-99) Sec. 20-437. Exempted vehicles. (a) Governmental vehicles. Police, fire, rescue, and other governmental vehicles which serve a vital public safety, health or welfare purpose as determined by the city are exempted from the restrictions of this section and may be parked in residentially zoned districts of the city. (b) Automobiles. Automobiles which may be used in business but which do not have visible commercial lettering, signage, materials, supplies, equipment, storage racks attached thereto or stored thereupon are exempted from the restrictions on the parking of commercial vehicles. (Ord. No. 721. 97,6-28-99; Ord. No. 731, 92,8-11-99) Secs. 20-438--20-450. Reserved. DIVISION 3. SITING AND REGULATION OF TELECOMMUNICATIONS TOWERS* *Editor's note: Ord. No. 645,9 I, adopted July 14, 1997, amended the Code by adding provisions designated as 9 20-434. In order to avoid conflicts in section numbering the editor has redesignated the provisions of Ord. No. 645 as 9 20-451. Sec. 20-451. Telecommunications towers. http://libraryl.municode.com/ gateway .dl1/fl/florida/28494/28612/2861 7?f=temulates$ fu=document- frame.... 3/7/2005 ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Page 8 of 15 (a) Definitions. Antenna shall mean a transmitting and/or receiving device used in telecommunications that radiates or captures electromagnetic waves, including directional antennas, such as panel and microwave dish antennas, and omni-directional antennas, such as whips, excluding radar antennas, amateur radio antennas and satellite earth stations. Co-location shall mean telecommunications towers that have the potential to have three (3) or more carrier antennas located on it. Development review committee shall mean the city staff composed of the city manager, land development coordinator, city engineer, public works/utilities director, community development coordinator, building official, police chief, fire chief. Guyed tower shall mean a telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors. Lattice tower shall mean a telecommunications tower that is constructed with a series of struts forming a non-solid surface tower, without guy wires standing on and fastened to an in-ground pier. Microwave shall mean a dish antenna, or a dish-like antenna used 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 with ground anchors. Panel antenna shall mean an array of antennas designed to concentrate a radio signal in a particular area. Stealth facility shall mean any telecommunications facility 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, mono-power poles or trees. Telecommunications tower shall mean a monopole tower constructed as a free-standing structure greater than thirty-five (35) feet and no more than one hundred sixty-five (165) feet in height including antenna, which supports communication, transmission or receiving equipment. The term includes towers for the transmission or receiving television, AM/FM radio, digital, microwave, cellular telephones, or similar forms of electronic communication. The term excludes radar towers, radio support structures licensed by the FCC, transportable communication devices, private home use of satellite dishes and television antennas and satellite earth stations. Whip antenna shall mean a cylindrical antenna that transmits signals in three hundred sixty degrees (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 the approval of locations for telecommunications towers. Therefore, it is the intent of this section to address the recurrent issues pertaining to the approval of telecommunications towers upon parcels located in the city. Accordingly, the city commission finds that the promulgation of this section is warranted and necessary: (1) To protect residential areas and land uses from the potential adverse impacts of telecommunications towers when placed at inappropriate locations or permitted without adequate controls and regulation consistent with the provisions of law; (2) To minimize the adverse visual impacts resulting from 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; http://libraryl.municode.comlgateway.dl1/fl/florida/28494128612128617?f=templates$fu=document- frame.... 3/7/2005 ARTICLE v. SUPPLEMENTAL DISTRICT REGULATIONS Page 9 of 15 (3) To avoid potential damage to adjacent properties through sound engineering and planning and the prudent and careful approval of telecommunications tower sites and structures; (4) To require shared use/co-location of existing and new telecommunications towers (capability of having space for three (3) or more carriers) to avoid proliferation of towers throughout the city. One (1) co-located position shall be reserved exclusively for the use of the city; (5) To ensure that location of telecommunications towers 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; and (6) To fix a fair and reasonable compensation, by resolution of the city commission, to be paid to the city for the privilege to locate a telecommunications tower in the city and defray the administrative costs of reviewing the applications. Also, a fee shall apply separately to each antenna user on the tower or other support structure. Fee rates shall be renegotiable when contract expires. (c) Applicability. (1) All new telecommunications towers and antennas in the city shall be subject to these regulations and all other applicable regulations. For purposes of measurement, telecommunications tower setbacks as listed in subsection (f)(1) shall be calculated and applied to facilities located in the city, irrespective of other municipal and county jurisdictional boundaries. (2) All new communications antennas (Le., stealth rooftop or building mounted antennas) which are not attached to telecommunications towers shall comply with subsection (f)(11). (3) All telecommunication towers existing on July 14, 1997 shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers. New construction other than routine maintenance on an existing telecommunications tower shall comply with the requirements of this section. (4) For purposes of implementing this section, a telecommunications tower that has received city approval or building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is current and not expired. (d) Location, permitted uses and special exceptions. (1) Telecommunications towers shall be a permitted use at the following sites (see map attachment Figure 1 dated July 14, 1997) subject to other regulations which may apply: a. City of Winter Springs Wastewater Treatment Plant #1/West Plant. b. Proximate area of the Seminole County School Board Consolidated Services Facility (a/k/a Bus Barn). c. City of Winter Springs West Effluent Disposal Sites: at the southeast quadrant of Site 16 east of the southern percolation ponds. d. City of Winter Springs City Hall. [THIS PAGE INTENTIONALLY LEFT BLANK] GRAPHIC LINK (not available): Permitted Sites for Telecommunications Towers (2) A monopole shall be the permitted type of telecommunications tower within the City of Winter Springs. Stealth-designed monopoles are encouraged by the city. (3) Additional telecommunication tower sites shall only be permitted as a special exception http://libraryl.municode.coml gateway .dll/fl/florida/28494/28612/2861 7?f=templates$ fu=document - frame.... 3/7/2005 ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Page 10 of 15 pursuant to this section. A property declared eligible for consideration as an additional telecommunication tower site is City of Winter Springs Fire Station #3 to be located on the south side by S.R. 434 in Tuscawilla Tract 15, Parcel 3 (approximately 2,300 feet west of Vistawilla Drive). The telecommunications tower located on this site shall require a special exception from the Winter Springs City Commission in accordance with this section and applicable City Code provisions. The tower on this site shall not exceed a height of one hundred tewenty feet (120) and shall only be available as a tower site following approval by city commission as part of the grant of the special exception. Following approval and construction of the four (4) towers described in this subsection, additional towers may be applied for and justified in accordance with the applicable standards for a special exception in the City Code, as well as these standards: a. The tower at proposed Fire Station #3 and any subsequent additional telecommunication tower is required for public safety communication needs; or b. Technical data is presented by an applicant indicating that the proposed tower is the only technically feasible available site to assure telecommunications services coverage needs to area citizens; and c. Such technical data specified in subsection b., above, is not for speculative, untried telecommunications uses but is for current technology recognized or approved for service area needs and market conditions under applicable state, federal or local laws, regulations or ordinances; d. All such technical data shall be provided at cost to the applicant. The city may, in approximate cases in its sole discretion, retain the service of technically competent consultants to evaluate the data submitted by an applicant to justify an additional tower pursuant to this ordinance. The applicant shall post a deposit with the city manager or his designee in a sum such that the applicant for the additional telecommunication tower pays the full cost of technical review of such tower by city's consultant; and e. Initial review of any additional telecommunication tower sites shall be by the city's development review committee. The special exception shall also be considered by the planning and zoning board which shall make a recommendation to the city commission concerning said special exception; and f. Additional tower sites shall be: (i) Located as far as possible from residentially zoned property (and at least the minimum set forth in this ordinance); and (ii) Erected to a height that is the minimum height necessary to technically serve the applicant's needs, but not exceeding the lesser of one hundred sixty- five (165) or a height calculated based on a tower setback of one hundred twenty-five (125) percent of the tower height measured at grade from the base of the tower to the closest residentially zoned property line; and (iii) The use of stealth tower is encouraged in accordance with this section. (e) Site plan. Any telecommunications company or entity that intends to install a telecommunications tower in the city shall file a site 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 reviewed by the development review committee. (f) Performance standards/design criteria. (1 ) Setbacks. a. Telecommunications tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. http://libratyl.municode.com/gateway.dll/fl/florida/28494/28612/28617?f=templates$fu=document- frame.... 317/2005 ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Pagellof15 b. The setback requirements shall be a minimum of ten (10) feet from any lot line and shall comply with setback requirements in this section or the City Code for setbacks from adjoining uses. (2) Separation of towers from off-site uses used to calculate maximum tower height. Separation distances between telecommunications towers and the lot line of any residential zoned property shall be used to determine the maximum height of a proposed tower. The maximum height of any tower shall not exceed one hundred sixty-five (165) feet provided however that the distance from the tower base to the nearest lot line of residentially zoned property shall be a minimum of one hundred twenty-five (125) percent of the tower height. (3) Measurement 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. b. Telecommunications towers shall not exceed one hundred sixty five (165) feet in height which shall include the antenna. (4) Illumination. Telecommunications towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration. (5) Finished color. Telecommunications towers not requiring FAA painting/marking shall be of such color that will blend with the surrounding environment. (6) Structural design. a. Site plan(s) are required and shall be submitted for approval as defined in Chapter 20 Zoning (if applicable) and/or Chapter 9 Land Development, Code of Ordinances, City of Winter Springs, Florida. b. Telecommunications towers shall be constructed in accordance with the EINTIA 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 Strudures," (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. c. Such statement shall also describe the tower's capacity, number and type of antennas it can 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 imposed by the tower. d. All new telecommunications towers, and those existing towers to be modified, shall have the capability of having space for three (3) or more carriers. One of these spaces shall be reserved exclusively for the use of the City of Winter Springs. Tower owners shall accommodate other antenna users on their towers. e. Further, any improvements and/or additions (Le., 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 ElTfTlA 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. http://libraryl.municode.com/gateway.dll/flIflorida/28494/28612/28617?f=templates$fu=document- frame.... 3/7/2005 AI{TICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Page 12 of 15 (7) Public notice. Notice of any request, under this section, shall be published (in a newspaper of general circulation) and personal notification shall be given to all property owners located within three (3) times the height of the tower area. Personal notification shall mean notice sent by first class U.S. mail, and to the board of directors of duly recognized homeowners associations. (8) Signage. No 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 trespassing. 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. (9) Fencing. a. A vinyl coated chain-link fence or masonry 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, shall be installed along the top of the fence or wall, but shall not be included when calculating the height of the fence or wall. b. Access to the tower through the fence or wall shall be through a gate which shall be locked at all times the tower site is not being occupied by the person or entity in charge of the telecommunications tower or site. (10) Landscaping. The 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; a. A row of shade trees of minimum of eight (8) feet tall that will reach heights of forty (40) plus feet, two and one-half (21/2) inches in caliper, and a maximum often (10) feet apart shall be planted around the outside perimeter of the fence/wall; b. A continuous hedge shall be planted in front of the tree line referenced above; it shall be at least thirty (30) inches high at planting 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. d. 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 to the maximum extent practicable and may be used as a substitute or supplement towards meeting landscaping requirements. (11) Antennas on buildings. Stealth rooftop or building mounted antennas shall only be permitted after buildout to three (3) co-locations on each of the four (4) tower sites indicated in subsection (d) above. After buildout occurs, then stealth rooftop or building mounted antennas may be erected. Any stealth rooftop or building mounted antennas which are not attached to a telecommunications tower, shall be a permitted ancillary use to any commercial, 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); http://libraryl.municode. com! gateway .dl1/fl/florida/28494/28612/2861 7?f=templates$fu=document - frame.... 317/2005 ARTICLE V. SUPPLEMENTAL DISTRICT REGULA nONS Page 13 of 15 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); c. 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; d. No commercial advertising shall be allowed on an antenna or supporting structure; e. 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): and f. No more than one (1) total unmanned equipment building shall contain more than seven hundred fifty (750) square feet of gross floor area or be more than twelve (12) feet in height. All building shall be subject to regulations of the building department; and (12) Equipment storage. Mobile or immobile equipment not used in direct support of a telecommunications tower facility shall not be stored or parked on the site of the tower unless repairs to the tower are being made, and are in progress. (13) Schedule of structural integrity. Telecommunication tower ownersloperators shall submit to the building department a certified statement from a qualified, registered, professional engineer, licensed in the State of Florida, attesting to the structural and electrical integrity of the tower on the following schedule: a. All towers examined one year after initial construction. b. All towers every five (5) years; c. The city may require such certified statement after a nearby unusually severe storm event as determined by the (NOAA) national weather service. (14) Transmission/reception interference. Each application to allow construction or modification of a telecommunications tower shall include 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 functions, shall not interfere with public safety communications and the usual and customary transmission or reception of radio, television, etc., service enjoyed by adjacent residential and non-residential properties. (15) Prohibitions with certain principal uses. Telecommunications towers are prohibited when a proposed or existing principal use includes the storage, distribution, or sale of volatile, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals. (g) Co-location of communications antennas. The City of Winter Springs desires to minimize the number and general proliferation of communication towers. This section is intended to insure that telecommunication towers that are permitted within the City of Winter Springs are utilized in a manner that provides for the maximum number of service providers upon each tower within the context of technical feasibility and safety. Further, this section is intended to minimize the number of such towers within the city. Specifically, as a minimum, telecommunications towers exceeding one hundred (100) feet in height shall be engineered and constructed to accommodate three (3) communication providers. The city shall have the authority to require, specify and otherwise stipulate that telecommunication towers be engineered and constructed in a manner that provides for three (3) co-locations as part of the conditional use andlor site plan approval processes. As a condition of approval of all telecommunication towers and to the extent that co-location is technically feasible, all owners of existing telecommunication towers shall, upon request of another service provider and for reasonable and agreed upon consideration, permit additional communication service providers upon such existing telecommunication tower. Applicants desiring to construct new telecommunication towers shall submit http://libraryl.municode.comlgateway.dl1/fl/florida/28494/28612/28617?f=templates$fu=document- frame. ... 317/2005 ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Page 14 of 15 written documentation that clearly explains the need for and reasons for the proposed construction of a new telecommunication tower rather than locating proposed antenna array/communication equipment upon an existing tower. Such documentation shall include plans of existing and future towers by the applicant/provider in question, correspondence with existing telecommunication tower owners and may include a cost analysis of alternatives. Existing service providers, e.g., existing telecommunication tower owners, that are unwilling, upon request of another service provider, to allow co-location upon such existing tower, shall submit written documentation to the city with reasons and justification as to why such co-location cannot be accomplished. Competition between service providers shall not be considered to be a valid reason for preventing or otherwise obstructing co-location. The city shall determine whether the applicant and/or existing provider are reasonable and correct in their respective assertions. If the city determines that either party is being unreasonable or otherwise uncooperative, the city shall deny the applicant's request for a new tower and/or the city may cause the existing telecommunication tower's approval to be revoked and said existing tower to be removed. Such determination involving existing tower owners shall be made in writing and adopted by a majority vote of the city commission upon holding an advertised public hearing and notification of the owner at least fifteen (15) days prior to such hearing. Upon adoption of such determination by the city commission, the existing tower owner and the property upon which such tower is located shall be considered to be a violation of the city's Land Development Regulations and shall be subject to any and all remedies and penalties thereof. To minimize adverse visual impacts associated with the proliferation and clustering of telecommunications towers, co-location of communications antennas by more than one (1) carrier on existing or new telecommunication towers shall take precedent over the construction of new single-use telecommunications towers as follows: (1) Proposed communications antennas shall co-locate onto existing telecommunications towers. (2) Type of construction. A telecommunications tower which is reconstructed to accommodate the co-location of an additional communications antenna shall be of a monopole tower type. Stealth-designed monopoles are encouraged. (3) Height. An existing telecommunications tower may be modified or rebuilt to the allowed height including antennas by compliance with this article; (4) Onsite-Iocation. a. A Telecommunications tower which is being rebuilt to accommodate the co-location of an additional communications antenna may be moved onsite, but shall comply with or maximize setback requirements from residentially zoned property. b. After a telecommunication tower is rebuilt to accommodate co-location, only one (1) tower shall remain on the site; (h) Certification of compliance with Federal Communications Commission (FCC) NlER Standards. Prior to receiving final inspection by the Winter Springs Building Department, documented certification shall be submitted 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). (i) Abandonment. (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 the date of abandonment shall be made by the building official who shall have the right to request documentation and/or affidavits from the telecommunications tower owner/operator regarding the issue of tower usage. The telecommunications tower owner/operator shall provide all requested information within ten (10) working days of a request being made, and failure to so provide shall be deemed to constitute one hundred eighty days (180) days of non-use of the tower. Upon such abandonment, the owner/operator of the tower shall have an additional ninety (90) days within which to: http://libraryl.municode. com! gateway.dll/fl/florida/28494/28612/28617?f=templates$fu=document - frame.... 3/7/2005 ARTICLE V. SUPPLEMENTAL DISTRICT REGULATIONS Page 15 of 15 a. Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or b. Dismantle and remove the tower. With regard to towers that received special exception approval, ninety (90) days after dismantling or the expiration of the two- hundred seventy (270) day period as set forth in this section, the special exception and/or variance for the tower shall automatically expire. (2) The City of Winter Springs, upon abandonment, and at its discretion, may assume ownership of the tower at no cost, or require the owner to dismantle the tower at the owner's expense. If the decision is to dismantle the tower, the property shall be cleared of all appurtenances and returned to its natural state. (3) An appropriate surety instrument to assure dismantling costs shall be provided by the owner prior to a tower construction permit. (Ord. No. 645, 91, 7-14-97; Ord. No. 678, 91, 10-13-97) Secs. 20-452--20-460. Reserved. http://libraryl.municode.com/gateway.dlVfl/tlorida/28494128612128617?f=templates$fu=document-frame.... 3/7/2005 ,'>' .Jl < ~j .' 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