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HomeMy WebLinkAbout2007 07 11 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) CALL TO ORDER The Board of Adjustment Regular Meeting of Wednesday, July 11, 2007 (Rescheduled from July 5,2007) was called to Order at 7:01 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Howard Casman, present Board Member Linda Collins, present Board Member Kathryn Fairchild, absent A moment of silence preceded the Pledge of Allegiance. Under Agenda Changes, Mr. Randy Stevenson, ASLA, Director, Community Development Department stated, "There was to be two (2) Agenda Items tonight '500' and '501'. Your Agenda Item '500' the Application for Crown Castle [International] was withdrawn from consideration this morning." PUBLIC INPUT No one spoke. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 2 OF 15 CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The January 4, 2007 Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES - JANUARY 4, 2007." MOTION BY ADVISORY BOARD MEMBER CASMAN. SECONDED BY ADVISORY BOARD MEMBER COLLINS. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE CHAIRMANWATERS: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department WITHDRAWN Requests The Board Of Adjustment Hear The Request Of Crown Castle International For A Conditional Use To Allow A Telecommunications Tower, On An Approximately 75' X 75' Lease Site At The City's Wastewater Treatment Plant Site In Tuscawilla, Along Winter Springs Boulevard (1560 Winter Springs Boulevard). The Site Is Located Within The PUD (Planned Unit Development) Zoning District (The Site Has A Public/Semi-Public Future Land Use Designation). This Agenda Item was not discussed as it was Withdrawn. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULARMEETING-JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 3 OF 15 PUBLIC HEARINGS 501. Community Development Department Requests The Board Of Adjustment Hear The Request Of Vertex Development, LLC For A Conditional Use To Allow A Telecommunications Tower, On A 70' X 70' Lease Site, At The Tuscawilla Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit Development (PUD). The Site Is Located Within The PUD (Planned Unit Development) Zoning District (The Site Has A Recreation And Open Space FLU (Future Land Use) Designation). Mr. Stevenson presented this Agenda Item and stated, "According to Ordinance 2006-12, we have ninety (90) business days in which to process this. That means we need to - acted on by the Commission by September 7th, 2007." A Map entitled "Figure 1 to Ordinance 2006-12" dated February 12, 2007 was displayed. An Aerial view was then shown of the proposed site and pictures of the proposed monopole towers. Mr. Stevenson then said, "Staff would recommend that the Board of Adjustment consider the information presented in the Staff Report as well as the upcoming Public Hearing Testimony and Testimony of the Applicant. And if the Board is satisfied that the request is consistent with all the applicable data and Code provisions including whether or not the Applicant has provided the evidence that demonstrates that Tier One or Tier Two sites are not available or technically feasible, make the recommendation that they deem appropriate to the City Commission based on the Criteria set forth in the applicable Code sections that we talked about here tonight." Discussion. Ms. Mary D. Solik, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800, Orlando, Florida: representing Vertex Development LLC, Ms. Solik spoke on this Agenda Item. Tape l/Side B Ms. Solik said, "I want to put in a full set of the Application in the Record. You all were not given the full set in your packages and later 1 will outline what was in there that is not in your packages. Just for example, we did submit a Tree Survey to the City that was in the Application package. That was one of the Conditions of approval. That has been done." CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING- JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 4 OF 15 After numerous phone conversations with City Attorney, Anthony A. Garganese, Ms. Solik noted, "I need to state my objection on the Record. I am of the opinion that the modified Ordinance does not give the Board of Adjustment Aesthetic Review jurisdiction that still remains in the City Commission. That's not generally something that this Board deals with. Your Staff Report indicates that you have that jurisdiction and has asked you to opine on that. My review of the Ordinance and your existing [City of] Winter Springs Code provisions says that that's not how that is read. The City Commission still makes that decision and that you are not Advisory on that issue. You certainly are Advisory on the 'Conditional Use'. Again, legally, I just need to get that on the Record. The next thing I want to do is, there was an additional Letter of Intent that we received today from a carrier, and that was Sprint [Nextel]. That was not in your Application package. I am going to put that in the Record." A letter from Sprint [Nextel] dated July 11, 2007 was distributed to the Board Members. Ms. Solik said, "I want to put into the Record the Letter from Crown Castle [International] withdrawing their Application, since that is an Issue that has been referenced in your Staff Report." Mr. Alan Ruiz, Vertex Development, LLC, 405 South Dale Mabry Highway, #244, Tampa, Florida: spoke regarding proposed cell tower location. Mr. Ruiz said, "First and foremost is the location going to work from a radio frequency perspective for the tenants that you are trying to put on the tower. In other words, is the location in the right place from a technical point of view, because it can be the best location in the world from every other point of view but if it doesn't work technically for the people who need to mount antennas on the tower, it is a worthless location. So, the very first consideration that you take into account is the needs of your tenants. In this case, T -Mobile is our anchor tenant, and basically, they let us know that the most preferred and best location not to mention the location that would work, would be on the west side of that golf course if at all possible. So, that is how we ended up dealing with Tuscawilla [Country Club] Golf Course and community center, and so we approached them and started working with them about a location on their property. The second thing that you have to consider, as much as an impact the actual tower is, the compound that houses all the ground equipment for the tower is impacted to those immediately surrounding the area. So, in an ideal world you are able to put that compound in a tree stand such as the one we are proposing today. I think we have the best case scenario in this situation as far as the compound location goes, because we are able to put it in a tree stand that really minimizes the visual impact and the impact overall of the actual ground mountediequipment, the equipment that goes on the ground that supports the cell sites for each of the tenants. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 5 OF 15 Another consideration - is the actual tower itself and how it is going to impact things. And SO, we felt that by putting it up close next to the existing ninety foot (90') high voltage power line easement would at least minimize the impact considering there was already an impact there. We weren't bringing something completely new to the game, there was already an impact being made and so we are just adding to that hopefully, choosing the least obtrusive location as possible for the actual pole that goes up into the aIr. You have to find a landlord that is willing to lease you or sell you or allow you to put this Application in place - and we were lucky enough to do that with the [Tuscawilla] Country Club, but we had to consider what their operations are with the golf course." Mr. Ruiz said, "So we had to consider where to put that tower relative to the operations of the parent track which is the [Tuscawilla Country Club] Golf Course and how they do their business. There are also other considerations such as bringing power to the site, bringing tel co ,[telecommunications] to the site, whether or not there is adequate tree cover. Again this goes back to trying to screen the facility as much as possible. For example, are there wetlands, are there endangered species in the area? These are all things that are all necessary - that need to be considered for a site. For an example, there is a little creek that runs in the area, we made sure we were appropriately set back from the wetlands so we were not impacting those wetlands and again - we very much so consider the landlord's use of the property and what their needs are and so we try to balance all these things. The Radio Frequency Engineer's need to know, so that we can technically address the needs of the site. We want to make sure that the compound is being screened, the tower is being screened, that the golf course can continue its operations without us impacting them too much and so that we are also able to bring access power and tel co [telecommunications] to the site adequately. So, these are all the things that we - when we spoke to the [Tuscawilla] Country Club and figured where the best place would be to put the tower." Ms. Solik said, "The Tiered analysis, [Mr.] Art Peters (Consultant) really has already answered the question about Tier One. He has told you, he told the City Commission in a report that has been paid for by the City that the four (4) locations in Tier One will not work to provide coverage to the Tuscawilla residential area. So, now we need to go through the Tier Two analysis. And the first location in Tier Two are on properties that are owned by the City of Winter Springs that are designated public, semi-public on the Future Land Use Map (FLUM)." The City of Winter Springs Future Land Use Map (FLUM) was then displayed. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 6 OF 15 Ms. Solik said, "We are talking about - the general geographic search area is the Tuscawilla area and I have circled the four (4) properties that are even remotely close to this area that are deemed public, semi-public on the City's Future Land Use Map (FLUM). The Code also requires that they be owned by the City of Winter Springs. This is the school property that is not owned by the City. This is a church property - also not owned by the City. This would - actually I don't know who owns this piece, but it is so far remote; it is right up on [Florida State Road] 417. Our engineers are going to testify, they will tell you that they have tower, cell locations on this side of [Florida State Road] 417 and this would be much, much too close to their existing cell sites over here to provide any additional coverage. So, the only possibility is the water reclamation facility next to Sam Smith Park and the three (3) RF (Radio Frequency) Engineers who will testify tonight will all tell you that that site just doesn't work for them. It is too far east. And as demonstrated in Art Peters' Report, the cells are kind of developed in a honeycomb fashion and in order for a call to pass from one cell to another, there has to be some overlap in coverage between the cell sites. And if you move the site that far east, then you create a gap between the cells on the west side and you don't get that hand off. So, the appropriate geographically location is to the west ofthat property." Ms. Solik read an excerpt from the Code of Ordinances. Continuing, Ms. Solik said, "The whole goal here, the whole geographic coverage objective is to provide coverage to a residential area, so we can't, even if there were commercial or industrial buildings tall enough to support a ten foot (10') antenna on top of the building in this area, which there are not. The Ordinance by its very terms would prohibit us from locating on that property in the Tuscawilla residential area. The third criteria is within an enclosed existing church steeple or other type of existing structure and [Mr.] Randy Stevenson told you that that is not intended for us to build a church steeple, that means its got to be something existing and again there are no facilities in that residential area that have sufficient height that we could co-locate an antenna in and add coverage. The next Tier Two location is upon existing sports lighting structures, utility structures and water tanks provided that the structure is not located within a single residential area. Again that eliminates Tuscawilla because this is a single residential area. So, we can't utilize any structures in that area. And finally, the last one is on the proposed Fire Station number three (3) which is to be located on the south side of State Road 434. I have circled it up there. That's this little site up here. This is outside ofthe geographic search area as well which is much more down in this area, as shown on the Art Peters' map and as the RF (Radio Frequency) Engineers will testify to. So, those are the Tier Two locations. They just don't work. They just don't allow us to get in there and provide the coverage in this residential area." CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 7 OF 15 Next, Ms. Solik said, "This is also another copy of the City's Future Land Use Map (FLUM). I am now moving to the Tier Three location. And the first Tier Three location and Randy [Stevenson] is correct, these are listed in order of preference. You - can't use [Tier] One before you can use [Tier] Three, which is the site that we have chosen. And the first - property which has a Future Land Use (FLU) Designation of 'Industrial' . The only properties in the City of Winter Springs with 'Industrial' Future Land Use (FLU) are up in the very northwest tip of the City." Ms. Solik said, "So, that is not an option." Continuing, Ms. Solik said, "And the next category of Uses is property which has a Future Land Use (FLU) Designation of 'Mixed Use' and is part of a Department of Regional Impact (DRI). I only found two (2) properties on your Future Land Use Map (FLUM) which are designated 'Mixed Use', this one right there and the one down here on the bottom, and neither one of those is a DRI (Department of Regional Impact). I checked with the Department of Community Affairs (DCA) and they told me that only Oviedo Marketplace is a DRI (Department of Regional Impact)." Ms. Solik said, "Again, it is outside the geographic search area even if it is a DR! (Department of Regional Impact) property. It's much too far south and it is going to be too close to locations that carriers have on the east side of [Florida State Road] 417. So, not a whole lot of RF (Radio Frequency) support needed to tell you that we just can't- find a location in Tier Two, we have to drop down to Tier Three. Ms. Solik introduced the RF (Radio Frequency) Engineers from T-Mobile, metroPCS [Inc.] and Clearwire [US LLC]. All three (3) of these entities have submitted leases, they have signed leases to co-locate on this tower and those leases have been submitted as part of your package - Alan [Ruiz] - tell these folks who all have expressed interest, what the level of commitment is and how this tower is loaded up." Mr. Ruiz said, "This tower is loaded for seven (7) levels of loading. On the first level, we have a lease signed with T-Mobile. On the second level, we have a Letter ofIntent and a Tenant Application submitted by Verizon Wireless. Sprint Nextel has submitted a Letter of Intent and an Application committing themselves to the third and fourth levels. metroPCS [Inc.] has a signed lease in place for the fifth level. Cingular Wireless has submitted an Application for the sixth level and we have a signed lease on the seventh level with Clearwire [US LLC]. Now the reason we don't have signed leases on every single unit is because some of the corporate policies that some of these companies have are that they don't sign leases until the tower is in the air. And others don't have that same policy, therefore, they are able to submit Applications and Letters of Intent, but not signed leases yet, others are able to sign leases. The bottom line is that every single cell phone company that operates in this community and this County has submitted either an Application, Letter of Intent, or a signed lease to co-locate on this tower. In other words, every one needs it." CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 8 OF 15 The Site Plan was displayed to show the elevation drawings of the tower. Continuing, Ms. Solik said, "Each one of these little squares are levels on this tower is a Tier for a wireless carrier and T-Mobile will be at the top, Clearwire [US LLC] is at the bottom, Verizon [Wireless] is down here and Sprint [Nextel], three (3) and four (4), Cingular [Wireless], metroPCS [Inc.]." Board Member Casman asked, "The higher up you are the better the coverage?" Ms. Solik said, "Absolutely." Chairman Waters asked, "What are those increments between antennas?" Mr. Johnson said, "Each one of those pods is ten feet (10') so what you are looking at is one hundred and fifty foot (150') tower with the top seventy feet (70') of that tower having antennas. So, what you really need to consider is we need to provide the ability for all licensed carriers to provide coverage in the area. The lowest carrier, which is Clearwire [US LLC] is looking at the bottom spot ranging between eighty one (81 ') and ninety feet (90')." Mr. Dan Babilla, Senior RF Engineer, T-Mobile, 200 Telcom Drive, Orlando, Florida: as a resident of Winter Springs, Mr. Babilla spoke of cell phone coverage in the Tuscawilla area. Referring to aT-Mobile cell phone coverage map of Tuscawilla, Mr. Babilla said, "The 'red' areas show a very strong level of cell phone coverage that would work for the most part, most - residential indoors. That would be in the 'red'. The 'yellow' shows an in-vehicle - coverage acceptable reliable coverage in your car. The' green' level in the middle - a lot of pixels on this computer model coverage chart shows that there is a deficiency where it only works outdoors." Mr. Babilla said, "Radio frequency is a line of site technology and it's been that way for however long it has been discovered and a form of communications for us. There is one (1) white pixel and that is right where Howell Creek comes through on Northern Way and it is a low spot. So, it kind of demonstrates that line of - radio frequency line of site is determined and other variables also go into that. Tree cover absorbs and scatters the signal so, trees can block the signal. Construction of our homes - concrete, obviously steel and on the other end, windows can let the radio signal in somewhat. So, basically what we are looking at is our current coverage and if we put this proposed site at a hundred and fifty foot (150') right at the proposed location, we see how it is almost like a piece of the puzzle." Mr. Babilla then said, "With very little gaps between the sites, as far as a good rock solid residential level of coverage. I wanted to demonstrate the site locations we currently have now in and around Winter Springs - and we kind of centered this around Tuscawilla." CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 9 OF 15 Mr. Babilla explained, "This location is obviously east of [Florida State Road] 417 - just north of [State Road] 434, it's back in the woods a little bit right there and that site - just gets - just barely south of [State Road] 434 and a little bit into the Tuscawilla area but obviously it doesn't get toward the center. And the same with the tower - Oviedo Marketplace you notice a tower right behind it right off of [Florida State Road] 417, that would be that site location right here. This wireless communication tower - on Tuskawilla Road just south of Red Bug Lake Road and that obviously is too far south to get into the Tuscawilla community. We also have this site, and this site Mary (Solik) either on City property or on an easement, right-of-way, anyway it is by some power lines - that is here and then right across the street or right next door actually is a monopole - that actually T-Mobile originally developed and worked and partnered with the City before for providing coverage at this location. So, the question I heard was, 'Why do we need the site in this location'? The network has matured around and dictated, we have to put it in a location in the middle of the hole as opposed to having multiple sites. If we have to move this outside of our search area ring, either this way or that way, that is going to - open up a coverage hole to the other site. It is basically a location balance." Mr. Babilla said, "We found this to be a very feasible and plausible location that I think is probably the best we have come up with." Ms. Solik asked, "Mr. Babilla is this one [hundred] fifty [feet] (150') height perfect coverage for you?" Mr. Babilla said, "You can see there are a few gaps, but it is very feasible and it will work." Ms. Solik then asked, "Are you utilizing the lowest height technology at this site?" Mr. Babilla said, "Yes. This is our minimum design height." Ms. Solik asked, "Is the technology that you use dictated by the height of the proposed application?" Mr. Babilla said, "Yes." Ms. Solik then said, "Do you have a different technology at a hundred feet (100') than you use at a hundred and fifty feet (1 50')?" Mr. Babilla said, "We use the same equipment, the same technology throughout our network is consistent." Ms. Solik asked, "Do you ever go in and seek approvals for a height higher than you really need?" Mr. Babilla said, "No. We don't believe in doing that because basically- a number of reasons. Building it higher than we need causes interference to other places in town, because we have to reuse the limited spectrum of frequency that the FCC (Federal Communications Commission) gives us. Also, it gives us additional loss in equipment, like coaxial going up the tower, it has to be fed with coax cable which is usually made of copper or copper clad materials, it's expensive. It is not feasible to do that. " CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULARMEETING-JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 10 OF 15 Ms. Solik asked, "Do you take aesthetic considerations into account when you are designing your network location?" Mr. Babilla said, "Yes. It is T-Mobile's practice and it is a corporate mandate actually that we do the best we can as far as site wireless communications facilities and be a good neighbor in the community and work with the jurisdictions and partner with them any chance we can get." Ms. Solik then asked, "If you could have more height out there, would you take it?" Mr. Babilla said, "Yes. But I would want to jump at the opportunity, but at the same time, I don't think that would be the right thing to do because this is our minimum height but at the same time we want to partner with the community so, we are looking for a good medium." Discussion. Mr. Craig 0 'Neill, RF Engineer, metroPCS Inc., 8256 Exchange Drive, Suite 230, Orlando, Florida: spoke about a need for additional coverage and displayed a map of the coverage area. Mr. O'Neill said, "If you just take a look at these two (2) plots I have, it is very similar to what Dan [Babilla] did. This is at our spot - I believe it is spot five (5) which is a hundred and five feet (105'). 'This is showing our existing coverage and our existing towers in the area and the obvious hole in Tuscawilla. The plot above there will show the improved - currently we have sites that our 'yellow' here these four (4) in the circle here and it creates the hole right in this area. This is the proposed Vertex [Development, LLC] tower here and this is the area of improvement that we would get here at a hundred and five feet (105'). Just a little bit of area down here that is not going to get filled in quite as we would like, the 'green' shading here basically depicts good in car coverage and fair in building coverage and the 'white' would depict poor coverage areas that we would like to concentrate on improving. So, basically this site does fill in a large portion of the area that we are looking to fill in - eighty percent (80%) criteria that Dan [Babilla] was talking about, we do something similar. This single site would definitely service a large improvement in our current coverage and actually we have been waiting on this site since before we launched. It was supposed to be part of our initial launch plan to provide coverage to this area, so this is a much needed site for us." Ms. Solik asked, "Are you using the lowest height technology?" Mr. O'Neill said, "Yes. At the hundred and five feet (105') level that we are going at, that is probably the lowest height that we would want to use in a topography such as this with a lot of tree lines and residential homes in the area, that tends to block the signal going out maybe - as close as a mile and a half or so, it starts to degrade at that point rather quickly. CITY OF WINTER SPRINGS, FWRIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 11 OF 15 And if you get too much into the trees or below the trees that affects and magnifies even more. Probably the absolute lowest height we would want of a site like this would be about ninety feet (90'), so a hundred feet (100') is probably just about as low as we would want to go and still get adequate coverage off of this site. Now, the hundred and fifty foot (150') that T-Mobile is getting would be nice but everybody can't have that unfortunatel y." Mr. Calvin Johnson, RF Engineer, Clearwire US LLC 414 Pursley Drive, Deland, Florida: spoke about the cell tow~ location. Mr. Johnson said, "Clearwire [US LLC] is a little bit different from the cellular and PCS [Personal Communication Service] carriers. We are a - high speed broadband internet provider for home use. We are currently stationery in your house - modem, high speed broadband access. There are a couple of differences that I would like to mention. The band we use has much higher frequency than the cellular and PCS [Personal Communication Service] carriers and cellular carriers. The frequency they use goes through trees a little bit better than we do; PCS [Personal Communication Service] not quite as good and then there is us. So, our target coverage is usually a mile to a mile and a half radius what we can get out of a site. These are the sites we have surrounding right here now - this is a site in question. With this site turned off, this is the hole that we have, so the 'white' would be no service. So, we wouldn't try to sell to these households. There would just be no service. With this site, you will notice it is really a poor service area. Actually, I would prefer a hundred and eighty feet (180')." Mr. Johnson said, "We are taking the ninety feet (90') here the lowest spot." Ms. Solik asked, "Mr. Johnson, if you had to go below ninety feet (90'), would you take this site?" Mr. Johnson said, "I barely took the site as it is. In fact, I recommended that it be killed." Mr. Johnson then said, "A hundred and eighty feet (180') really would probably be what I need to get my engineering targets." Ms. Solik said, "The Cingular [Wireless], Sprint [Nextel] and Verizon [Wireless] have corporate policies that they don't send RF (Radio Frequency) Engineers to sites and they don't make formal commitments until the sites are approved. And let me remind you again, in our application package, you have the leases from T-Mobile, Clearwire [US LLC] and metroPCS [Inc.], you have the Letter of Intent from Sprint [Nextel] and from Verizon [Wireless] and an Application from Cingular [Wireless] requesting a particular height on the tower." Ms. Solik then said, "I think that if this site is approved the carriers that have not signed lease agreements will be burning up the phone lines and beating a path to the Building Department to get this thing on the air." Chairman Waters recessed the Meeting at 8:32 p.m. Chairman Waters reconvened the Meeting at 8:40 p.m. Tape 2/Side A Various pictures were displayed of Monopole towers. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 12 OF 15 Discussion. Ms. Solik read a letter received from Mr. Peters dated April 17, 2007. Referencing the Settlement Agreement, Ms. Kate Latorre, Attorney, Brown, Garganese, Weiss, & D'Agresta, P.A., said, "The Staff wanted you to know the Settlement Agreement was out there and that it affects the [Tuscawilla Country Club] Golf Club property, however, if you were to recommend approval and the City Commission were to eventually approve this Application, the Settlement Agreement - the City Commission would have to work out at that time." Chairman Waters said, "It has nothing to do with our decision tonight?" Ms. Latorre said, "We just wanted to let you know it was out there. It should not be a factor in your consideration. " Then, Chairman Waters asked, "Is the site plot going to be seventy by seventy [feet] (70' x 70') or fifty by fifty [feet] (50' x 50')?" Ms. Solik said, "Fifty by fifty [feet] (50' x 50')." Mr. Ruiz said, "The actual compound itself that is fenced in will be fifty by fifty [feet] (50' x 50'). But, we have allowed for a ten foot (10') landscaping buffer around it." Chairman Waters asked, "You are not going to store any hazardous materials there that violate any regulations. Is that correct?" Ms. Solik said, "There is nothing hazardous out there. " Chairman Waters asked, "Is there going to be a generator there?" Mr. Ruiz stated, "Vertex Development [LLC] does provide generator power for the tenants. The tenants will choose whether or not to install equipment that has a built in generator. So, it is really up to each individual tenant." Regarding wildlife assessment, Chairman Waters asked, "What are you going to do with the gopher tortoises?" Mr. Ruiz said, "If there are any, we will properly re-locate them which we have at many other sites in the past." Chairman Waters said, "You are not going to bury them?" Mr. Ruiz said, "No Sir. We use licensed gopher tortoise re- locators. " Discussion. As to coverage in the Oak Forest area, Mr. Babilla said, "We would see coverage enhancement in some areas." Referencing the installation, Mr. Ruiz said, "It has a case on tight foundation, which is basically a cylinder of concrete that goes down into the ground and it is anchored, bolted to that and there are absolutely no guide wires whatsoever." CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 13 OF 15 Chairman Waters opened the "Public Input" portion of the Agenda Item. Ms. Diana Yarusinski, 1166 Winged Foot Circle East, Winter Springs, Florida: lives within one hundred feet (100') of the proposed tower and is concerned about the home values, generator noise, and wildlife. Ms. Yarusinski was not in favor of this Agenda Item. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: spoke in favor of this Agenda Item. Chairman Waters closed the "Public Input" portion of the Agenda Item. Mr. Ruiz said, "The access will be developed to Staffs requirements in terms of building a road, not building a road, graveling it, not graveling it. We will follow what your building Code requires. As far as trips to the site, once the site has been built, there is approximately one (1) trip per tenant a month in terms of checking up on the site and making sure everything is good. Once a month, Vertex [Development, LLC] sends out somebody to make sure that the locks and the fencing and the landscaping and everything is up to par and that the paint is not chipping - those are our maintenance efforts to make sure we keep the site up to par. As far as construction goes, it is about a sixty (60) day process and we will have all the tenants that are co-locating on the tower have their co- location occur during the construction of the tower verses having them build us a tower and then having each one of them come individually afterwards to co-locate on the tower." Continuing, Mr. Ruiz added, "The use ofthe generator's is very infrequent." Mr. Stevenson displayed an aerial map of the proposed site and stated "One other question - has to do with the Tier Two site. As I said earlier in the presentation, the City has voted to allow an Application to move forward for a tower on the wastewater treatment plant. That is approximately 3,500 feet to the east of this particular site. It represents an area that is at the closest point 430 feet away from existing houses that would be on Ironwood Court. Probably over twice the distance of this proposed facility is. I guess if I might, I would like to ask the Applicant or the RF (Radio Frequency) Engineers - how detrimental is a relocation of this particular site to Tier Two site 3,500 feet east on the wastewater treatment plant in terms of coverage. I looked at the pixilated coverage maps and it appeared that they indicated areas of white and inadequate coverage and basically for Staffs edification and possibly those in the audience, I would like to know if that really effects the ability of the carriers to provide service to the Tuscawilla area. " Referring to the "Coverage Maps", Mr. Babilla said, "Our proposed site - in this area is the water treatment plant just - a little bit east of Greenbriar [Lane] - I think that is just past Glen Eagle right where the Sam Smith Park entrance is." CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 14 OF 15 Mr. Babilla said, "If we moved it that far the center of this - ring, that would shift - as you can see the shape of the site - that would shift that too far to the east and would open up most of this area between - west of Tuscawilla - to close to Northern Way." Ms. Solik asked, "Would you reject that site?" Mr. Babilla said, "I would not accept that site as a viable candidate, just because the location pushes it over and it is pretty close to the other sites, but the main concern would be - traveling through here, we would lose the residential indoor coverage but even in your car, you are opening up to the similar situation we have right now handing off to the other sites, and you could drop a call." Mr. Stevenson said, "Again, my intent is as part of meeting the requirements of this Code to assist the Board of Adjustment, we have to have definitive proof that the Tier Two site is not available or not viable. Tier Two site is available, now we have to address the question of whether or not it is a viable site." Mr. O'Neill said, "Basically, I would have to concur with Dan [Babilla]. We have less margin for error being at a lower site that he does. The nice thing about this particular location, even though we have a little bit of wiggle room - it is pretty much equal distance with the existing tower ring in the area - and it is right in the middle of where our coverage is the worst. Referring to the multi colored map, Mr. O'Neill said, "Basically those two (2) red spots just to the south of the proposed site is definitely the two (2) areas that we want to most make sure that we hit and that location is ideal for doing that. If we move 3,000 feet to the east, we won't be able to do that. If you look at our existing coverage currently, if we move that far over, we will be getting into an area where we have a little bit better signal already, we won't be adequately covering the center of our worst area and it will make a potential for hand offs to fail." Next, Mr. Johnson said, "By moving further over, it is even worse." Furthermore, Mr. Stevenson spoke of a Letter of Intent for the Record. Tape 2/Side B "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE APPLICANT'S REQUEST FOR THE CELL TOWER." ADVISORY BOARD MEMBER CASMAN ADDED, "RECOMMEND TO THE CITY COMMISSION THAT WE APPROVE IT." MOTION BY ADVISORY BOARD MEMBER CAS MAN. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION. VOTE: BOARD MEMBER COLLINS: NAY VICE CHAIRMAN TAYLOR: AYE CHAIRMANWATERS: NAY BOARD MEMBER CASMAN: AYE MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 11,2007 (RESCHEDULED FROM JULY 5, 2007) PAGE 15 OF 15 For the Record, Board Member Casman said, "It appears to me that the Applicant has demonstrated Compliance with all the Codes and Ordinances and they do meet the third Tier requirement." Vice Chairman Taylor said, "I agree exactly with what you just said." Vice Chairman Taylor said, "Then maybe we should ask the Applicant if they would like to take a look at this and come back to us with some alternative plans?" Mr. Stevenson said, "The calendar that we are working on, we have an obligation pursuant to the Ordinance to get this before the City Commission for a Vote one way or another prior to September 7th [2007]." Discussion. Regarding sending the Agenda Packets electronically to the Board Members, Board Member Casman said, "Personally, I think we ought to stick with killing trees." Board Member Collins said, "I would be afraid that I would forget to check my email." Chairman Waters said, "If we were to do it electronically, we would probably want the City [of Winter Springs] to deliver the - already printed." Vice Chairman Taylor said, "I vote to stick with the paper." REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Waters adjourned the Regular Meeting at 9:46 p.m. RESPECTFULLY SUBMITTED: X. J AN L. BROWN EPUTY CITY CLERK APPROVED: ~ 4~ [/-. THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the December 6,2007 Regular Board of Adjustment Meeting.