HomeMy WebLinkAbout2007 09 10 Regular 601 Final Development Order for Vertex Development's Telecommunications Tower Conditional Use Permit
COMMISSION AGENDA
ITEM
Consent
Informational
Public Hearing
Regular X
601
September 10. 2007
Meeting
~~/"7
Mgr. / Att. / Dept.
REQUEST:
The City Attorney requests that the City Commission consider approval of a final development
order for Vertex Development's telecommunications tower conditional use permit for the property
located at the Tuscawilla Country Club.
PURPOSE:
The purpose of the development order is to memorialize in writing the City Commission's
decision which was reached on August 27, 2007.
APPLICABLE LAW AND PUBLIC POLICY:
1. Sections 20-33, 20-451, and 9-600 through 9-606, Winter Springs Code
2. Federal Telecommunications Act of 1996
3. Section 365.172, Florida Statutes
CONSIDERATIONS:
1. The City Commission approved Vertex Development's application for a 150 foot unipole
telecommunications tower, which will be built on the Tuscawilla Country Club property.
Page I of 2
2. The City Commission's decision was subject to several conditions.
3. The purpose of this agenda item is not to reconsider the August 27, 2007 decision or to
continue the evidentiary hearing. The proposed development order memorializes in writing the
August 27, 2007 decision.
STAFF RECOMMENDATION:
The City Attorney and City Manager request that the City Commission consider approval of a
final development order for Vertex Development's telecommunications tower conditional use
permit for the property located at the Tuscawilla Country Club.
A TT ACHMENT:
The draft Development Order will be presented at the City Commission meeting.
COMMISSION ACTION:
The City Commission approved Vertex Development's application for a telecommunications
tower at the August 27, 2007 meeting.
Page 2 of 2
Date: September 10, 2007
The attached was distributed during the
discussion of Regular Agenda Item "601" by
City Attorney Anthony A. Garganese at the
September 10, 2007 City Commission Regular
Meeting.
CITY OF WINTER SPRINGS
DEVELOPMENT ORDER
IN AND BEFORE THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA
In re: Vertex Development, Inc.
Application to build alSO' Unipole
on a 50' x 50' Leased Area on a portion
of Parcel Id. 31-20-31-5BB-OOOO-004A
(aka Tuscawilla Country Club)
Date: September 10, 2007
Agenda Item: Regular 601
/ ft't\5.,t5f ~O) ()OO?/
THIS CAUSE having come on for consideration, aft~g duly noticed, befure the City
Commission ofthe City of Winter Springs on August 13,2007 and August 27,2007, at the request
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of Vertex Development, LLC ("Vertex"). Pursuant to sectIons 20-33,20-451, and 9-600 through
9-606, Winter Springs Code, Vertex seeks permit approval to construct a 150 foot
telecommunications tower, and ancillary ground equipment, on real property owned by Winter
Springs Golf, LLC and generally known as the Tuscawilla Golf and Country Club property. The City
Commission having heard the arguments of Vertex and other interested parties, and the evidence
presented, and having reviewed the record and being otherwise fully advised, hereby adopts the
following Findings of Fact and Conclusions of Law:
1. This Order memorializes in writing the final decision rendered by the City Commission
on August 27, 2007. At the August 27, 2007 City Commission meeting, the City
Commission considered three separate applications submitted by Vertex related to the
proposed tower. The applications consisted of public hearing items 500.1
( conditional use), 500.2 (site plan), and 500.3 (aesthetic review). As more specifically
set forth in this Order, the applications were generally approved subject to conditions.
2. First and foremost, with respect to the current and future state of wireless services
within the Tuscawilla area, the City Commission retained the services of an
engineering consultant, Arthur K. Peters. On March 24, 2006, Mr. Peters filed a
report with the City entitled "City of Winter Springs, Florida, Cellular Report."
("Report"). While the Tuscawilla area currently receives some level of cellular
service, the Report provided that the Tuscawilla area was "receiving inadequate first
cellular service." Further, "a new cell site is required somewhere in the shaded area
City of Winter Springs
Vertex Development, Inc. Development Order
Page 1 of 5
shown on the attached map'" in order to improve and enhance the cellular service
within the Tuscawilla area. Soon after Mr. Peter's report, the City Commission
adopted Ordinance No. 2006-12 on February 12, 2007 which, among other things,
established a three tiered regulatory zoning scheme for locating telecommunication
towers within the City of Winter Springs. The new zoning scheme provided for the
possibility of an additiona~ non-speculative cell tower site to address the "inadequate"
service mentioned in the Report, provided a conditional use permit was granted by the
City Commission.
3. Mr. Peters was also retained by the City to evaluate Vertex's application and to advise
the City Commission at the aforementioned City Commission meetings.
4. On April 24, 2007, Vertex submitted, and the City received, a conditional use
application proposing to build a (7) seven carrier 150 foot stealth unipole structure,
and ancillary ground equipment, in accordance with applicable provisions ofthe City
Code in order to address the "inadequate" coverage. In accordance with section
365.172(11)(d)3.a., Florida Statutes, the City timely deemed that the application had
been "properly completed" on May 4,2007.
5. The subject property is a 50' x 50' lease area, and.a 20' access and utility easement,
located on real property currently being used as a golf course and owned by Winter
Springs Golf, LLC at 1500 Winter Springs Boulevard, Winter Springs, Florida
("Leased Area"). The parcel identification number for the entire Club Property is 31-
20-31-5BB-0000-004A ("Club Property"). The Leased Area will be located in a tree
covered area and surrounded by an existing natural vegetative buffer for screening and
aesthetic purposes. As a densely wooded or concealed area on a golf course, the
Leased Area constitutes a potential Tier 3 site under Ordinance 2006-12.2
6. Vertex's proposal is more specifically detailed in the signed and sealed engineering
plans and specifications, which were prepared by the Foresite Group, dated April
2007 (Job number 102.005) ("Plans"). Said Plans are attached hereto as Exhibit "A"
, The shaded area on Arthur K. Peter's map generally depicts a circular area with an outer
circumference that substantially mirrors the somewhat circular roadway called Northern Way,
which is located within the Tuscawilla PUD.
2 As a prerequisite to approving a conditional use at a Tier 3 site, Vertex was required to
present competent substantial evidence to the City Commission which demonstrated that neither a
Tier 1 nor a Tier 2 location is available or technically feasible for the location of a tower. At the
City Commission hearings, numerous RF coverage maps were introduced by Vertex on behalf of
several carriers.
City of Winter Springs
Vertex Development, Inc. Development Order
Page 2 of 5
and fully incorporated herein by this reference.3 Importantly for purposes 0 f aesthetic
review compliance, the Plans provide that the proposed tower will consist of only a
"unipole," with all antenna, antenna mounts, and antenna wiring being mounted inside
the tower.
7. The Club Property (which includes the Leased Area) is subject to a Final Order
Approving Settlement Agreement and Amended Settlement Agreement No.1,
recorded at Book 3102, Page 1354, Public Records of Seminole County, Florida, as
amended by the Second Amendment to Settlement Agreement, recorded at Book
3146, Page 0454, Public Records of Seminole County, Florida ("Settlement
Agreement"). The applicability of the Settlement Agreement to the Club Property
and Vertex's application is clearly set forth in the City Attorney's opinion letter, dated
August 20, 2007, which is part of the record and incorporated herein by this
reference.4 Moreover, at the City Commission hearing, a representative of the Club
Property read a statement into the record representing that the owners ofthe Club
Property desire to explore the transfer of development entitlements on the Club
Property in consideration of the City Commission approving Vertex's application.
8. Based on the evidence presented by Vertex's RF engineering experts, and the expert
testimony of Arthur K. Peters, Vertex's application currently represents the most
economical and technologically feasible solution to address the "inadequate" cellular
service within the Tuscawilla area which was identified in the Report. There are no
better alternatives located on a Tier 1 or Tier 2 site.5
3 Although the Plans are being attached to this Order, the City Commission recognizes
and finds that said Plans must be modified to meet the conditions of approval required by this
Order including, but not limited to, the relocation of the Leased Area. Said modifications will be
evaluated and may be administratively approved by the City Manager, provided said approvals are
consistent with terms and conditions ofthis Order and applicable provisions of the City Code.
4 This Order does not constitute an amendment to the Settlement Agreement.
5 Other Tier 2 sites were evaluated at the Commission hearings including the City's
wastewater treatment plant near Sam Smith Park, the Florida Power & Light power poles behind
the Club's driving range, and numerous small camouflaged towers similar to the City of Medina,
Washington. While the evidence submitted to the City Commission indicated that the plant and
the power pole sites could provide some enhanced coverage, the evidence also indicated that
these sites would be technologically inferior to Vertex's proposal in terms of adequately
accommodating the number of carriers proposed by Vertex or in terms of improved coverage
area. With respect to the City of Medina model, evidence suggested that it would be practically
difficult and economically unfeasible to similarly implement this model in the Tuscawilla area. Mr.
Peters indicated, by letter dated Apri117, 2007, that the Medina model "could require 24 towers
City of Winter Springs
Vertex Development, Inc. Development Order
Page 3 of 5
9. In conclusion, Vertex's conditional use, site plan, and aesthetic review applications
were approved effective August 27, 2007 contingent upon satisfYing the following
conditions:
A. The City and the Club Property owners successfully negotiating a mutually acceptable
written amendment to the Settlement Agreement that will expressly allow the tower
use at the Leased Area by transferring and/or reducing current development
entitlements and preserving open space on the Club Property;
B. For purposes of adequately controlling the noise created by the generators, Vertex
shall install sound attenuation equipment around the ground equipment (generators)
in a manner acceptable to the City;
c. Vertex shall provide a revised landscape plan depicting and identifYing all landscape
treatment that will be installed and maintained around the tower and ground facilities
in order to minimize the visual impact on the community to the greatest extent
practicable. Said landscape shall be adequately maintained so long as the tower and
related ground facilities exist on the Leased Area;
D. The Leased Area depicted on the Plan shall be relocated 100 feet to the northeast
within the wooded area in order to provide a greater buffer from the Country Club
Village subdivision. The access and utility easement may be modified to
accommodate the relocated Leased Area;
E. The tower shall be neutral grey in color in order to aesthetically blend into the
surrounding area to the greatest extent practicable;
F. The 8 foot vinyl coated chain link fence installed around the Leased Area shall be
black in color.
G. Vertex shall provide a Listed Species Report and sufficient documentation to verifY
that the Leased Area does not encroach upon wetlands; and
H. Vertex shall apply for and obtain any other requisite permit approvals from the City
or any other government agency with jurisdiction over the Leased Area including, but
not limited to, land clearing, arbor and building permits. All further approvals are
subject to applicable law.
to cover that area [Tuscawilla] with 7 providers using 35 ft. towers."
City of Winter Springs
Vertex Development, Inc. Development Order
Page 4 of 5
Done and ordered this 10th September, 2007.
CITY OF WINTER SPRINGS, FLORIDA
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Vertex Development, Inc. Development Order
Page 5 of 5
CITY OF WINTER SPRINGS
DEVELOPMENT ORDER
IN AND BEFORE THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA
In re: Vertex Development, Inc.
Application to build a 150' Unipole
on a 50' x 50' Leased Area on a portion
of Parcel Id. 31-20-31-5BB-0000-004A
(aka Tuscawilla Country Club)
Date: September 10, 2007
Agenda Item: Regular 601
THIS CAUSE having come on for consideration, after being duly noticed, before the City
Commission of the City of Winter Springs on August 13, 2007, August 20, 2007, and August 27,
2007, at the request of Vertex Development, LLC ("Vertex"). Pursuant to sections 20-33, 20-451,
and 9-600 through 9-606, Winter Springs Code, Vertex seeks permit approval to construct a 150 foot
telecommunications tower, and ancillary ground equipment, on real property owned by Winter
Springs Golf, LLC and generally known as the Tuscawilla Golf and Country Club property. The City
Commission having heard the arguments of Vertex and other interested parties, and the evidence
presented, and having reviewed the record and being otherwise fully advised, hereby adopts the
following Findings of Fact and Conclusions of Law:
1. This Order memorializes in writing the final decision rendered by the City Commission
on August 27, 2007. At the August 27, 2007 City Commission meeting, the City
Commission considered three separate applications submitted by Vertex related to the
proposed tower. The applications consisted of public hearing items 500.1
(conditional use), 500.2 (site plan), and 500.3 (aesthetic review). As more specifically
set forth in this Order, the applications were generally approved subject to conditions.
2. First .and foremost, with respect to the current and future state of wireless services
within the Tuscawilla area, the City Commission retained the services of an
engineering consultant, Arthur K. Peters. On March 24, 2006, Mr. Peters filed a
report with the City entitled "City of Winter Springs, Florida, Cellular Report."
("Report"). While the Tuscawilla area currently receives some level of cellular
service, the Report provided that the Tuscawilla area was "receiving inadequate first
cellular service." Further, "a new cell site is required somewhere in the shaded area
City of Winter Springs
Vertex Development, Inc. Development Order
Page 1 of 5
shown on the attached map"' in order to improve and enhance the cellular service
within the Tuscawilla area. Soon after Mr. Peter's report, the City Commission
adopted Ordinance No. 2006-12 on February 12, 2007 which, among other things,
established a three tiered regulatory zoning scheme for locating telecommunication
towers within the City of Winter Springs. The new zoning scheme provided for the
possibilityofan additional, non-speculative cell tower site to address the "inadequate"
service mentioned in the Report, provided a conditional use permit was granted by the
City Commission.
3. Mr. Peters was also retained by the Cityto evaluate Vertex's application and to advise
the City Commission at the aforementioned City Commission meetings.
4. On April 24, 2007, Vertex submitted, and the City received, a conditional use
application proposing to build a (7) seven carrier 150 foot stealth unipole structure,
and ancillary ground equipment, in accordance with applicable provisions ofthe City
Code in order to address the "inadequate" coverage. In accordance with section
365.172(11)(d)3.a., Florida Statutes, the City timely deemed that the application had
been "properly completed" on May 4, 2007.
5. The subject property is a 50' x 50' lease area or an equivalent lease area, and a 20'
access and utility easement, located on real property currently being used as a golf
course and owned by Winter Springs Golf, LLC at 1500 Winter Springs Boulevard,
Winter Springs, Florida ("Leased Area"). The parcel identification number for the
entire Club Property is 31-20-31-SBB-0000-004A ("Club Property"). The Leased
Area will be located in a tree covered area and surrounded by an existing natural
vegetative buffer for screening and aesthetic purposes. As a densely wooded or
concealed area on a golf course, the Leased Area constitutes a potential Tier 3 site
under Ordinance 2006-12.Z
6. Vertex's proposal is more specifically detailed in the signed and sealed engineering
plans and specifications, which were prepared by the Foresite Group, dated April
2007 (Job number 102.005) ("Plans"). Said Plans are attached hereto as Exhibit "A"
' The shaded area on Arthur K. Peter's map generally depicts a circular area with an outer
circumference that substantially mirrors the somewhat circular roadway called Northern Way,
which is located within the Tuscawilla PUD.
Z As a prerequisite to approving a conditional use at a Tier 3 site, Vertex was required to
present competent substantial evidence to the City Commission which demonstrated that neither a
Tier 1 nor a Tier 2 location is available or technically feasible for the location of a tower. At the
City Commission hearings, numerous RF coverage maps were introduced by Vertex on behalf of
several carriers.
City of Winter Springs
Vertex Development, Inc. Development Order
Page 2 of 5
and fully incorporated herein by this reference.3 Importantly for purposes o f aesthetic
review compliance, the Plans provide that the proposed tower will consist of only a
"unipole,"with all antenna, antenna mounts, and antenna wiring being mounted inside
the tower.
7. The Club Property (which includes the Leased Area) is subject to a Final Order
Approving Settlement Agreement and Amended Settlement Agreement No. 1,
recorded at Book 3102, Page 1354, Public Records of Seminole County, Florida, as
amended by the Second Amendment to Settlement Agreement, recorded at Book
3146, Page 0454, Public Records of Seminole County, Florida ("Settlement
Agreement"). The applicability of the Settlement Agreement to the Club Property
and Vertex's application is clearly set forth in the City Attorney's opinion letter, dated
August 20, 2007, which is part of the record and incorporated herein by this
reference.4 Moreover, at the City Commission hearing, a representative of the Club
Property read a statement into the record representing that the owners of the Club
Property desire to explore the transfer of development entitlements on the Club
Property in consideration of the City Commission approving Vertex's application.
8. Based on the evidence presented by Vertex's RF engineering experts, and the expert
testimony of Arthur K. Peters, Vertex's application currently represents the most
economical and technologically feasible solution to address the "inadequate" cellular
service within the Tuscawilla area which was identified in the Report. There are no
better alternatives located on a Tier 1 or Tier 2 sites
s Although the Plans are being attached to this Order, the City Commission recognizes
and finds that said Plans must be modified to meet the conditions of approval required by this
Order including, but not limited to, the relocation of the Leased Area. Said modifications will be
evaluated and maybe administratively approved by the City Manager, provided said approvals are
consistent with terms and conditions of this Order and applicable provisions of the City Code.
a This Order does not constitute an amendment to the Settlement Agreement.
s Other Tier 2 sites were evaluated at the Commission hearings including the City's
wastewater treatment plant near Sam Smith Park, the Florida Power & Light power poles behind
the Club's driving range, and numerous small camouflaged towers similar to the City of Medina,
Washington. While the evidence submitted to the City Commission indicated that the plant and
the power pole sites could provide some enhanced coverage, the evidence also indicated that
these sites would be technologically inferior to Vertex's proposal in terms of adequately
accommodating the number of carriers proposed by Vertex or in terms of improved coverage
area. With respect to the City of Medina model, evidence suggested that it would be practically
difficult and economically unfeasible to similarly implement this model in the Tuscawilla area. Mr.
Peters indicated, by letter dated April 17, 2007, that the Medina model "could require 24 towers
City of Winter Springs
Vertex Development, Inc. Development Order
Page 3 of 5
9. In conclusion, Vertex's conditional use, site plan, and aesthetic review applications
were approved effective August 27, 2007 contingent upon satisfying the following
conditions:
A. The City and the Club Property owners successfully negotiating a mutually acceptable
written amendment to the Settlement Agreement that will expressly allow the tower
use at the Leased Area by transferring and/or reducing current development
entitlements and preserving open space on the Club Property;
B. For purposes of adequately controlling the noise created by the generators, Vertex
shall install sound attenuation equipment around the ground equipment (generators)
in a manner acceptable to the City;
C. Vertex shall provide a revised landscape plan depicting and identifying all landscape
treatment that will be installed and maintained around the tower and ground facilities
in order to minimize the visual impact on the community to the greatest extent
practicable. Said landscape shall be adequately maintained so long as the tower and
related ground facilities exist on the Leased Area;
D. The Leased Area depicted on the Plan shall be relocated 100 feet to the northeast
within the wooded area in order to provide a greater buffer from the Country Club
Village subdivision. The access and utility easement may be modified to
accommodate the relocated Leased Area;
E. The tower shall be neutral grey in color in order to aesthetically blend into the
surrounding area to the greatest extent practicable;
F. The 8 foot vinyl coated chain link fence installed around the Leased Area shall be
black in color.
G. Vertex shall provide a Listed Species Report and sufficient documentation to verify
that the Leased Area does not encroach upon wetlands; and
H. Vertex shall apply for and obtain any other requisite permit approvals from the City
or any other government agency with jurisdiction over the Leased Area including, but
not limited to, land clearing, arbor and building permits. All further approvals are
subject to applicable law.
to cover that area [Tuscawilla] with 7 providers using 35 ft. towers."
City of Winter Springs
Vertex Development, Inc. Development Order
Page 4 of 5
Done and ordered this 10"' September, 2007.
CITY OF WINTER SPRINGS, F'3.ORLDA.
JO F. BUSH, Mayor
ATTEST:
. REA LORENZO-LUACES, City Clerk
App;raved es to legal form and sufficiency for
the "'~. ~fWinter Springs only:
ANTTI A. GARGANES ,City Attorney
City of Winter Springs
w ,.~ , Vertex Development, Inc. Development Order
Page 5 of 5