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HomeMy WebLinkAbout1996 12 04 Planning and Zoning Board Regular Minutes MINUTES PLANNING AND ZONING BOARDILPA r- DECEMBER 4, 1996 - REGULAR MEETING I. Call to Order Chairperson Fernandez called the meeting to order at 7:01 p.m. in the Commission Chambers, Municipal Building. Plede:e of Allee:iance Roll Call Also Present Bill Fernandez, Chairperson, present Art Hoffinann, present Gene Lein, present Carl Stephens, Jr., present Tom Brown, present Tom Grimms, Comm. Development Coordinator Ron McLemore, City Manager Aooroval of the November 6. 1996 Plannine: and Zonine: Board Ree:ular Meetine: Minutes r- Motion: Approve the minutes with the recommendation that the City Commissioners listen to the portion of the audio tape (November 6, 1996 P & Z Board Meeting) pertaining to the Arrowhead subject. Motion by Lein. Second by Brown. Vote: Stephens, aye; Brown, aye; Fernandez, aye; Lein, aye; Hoffmann, aye. Motion carried. Chairperson Fernandez explained that there was no action taken regarding Arrowhead at the November 6, 1996 P & Z Board meeting. It was requested at that time that the City Attorney attend the next meeting in which Arrowhead Units 3 & 4 will be discussed. The Tuscawilla Homeowners Association and inquiring individuals will be notified when the subject is made an agenda item. n. New Business A) Telecommunications Towers Ordinance Grimms said "Telecommunications Towers" is a hot topic across the country. The City of Winter Springs' tower ordinance has been tailored from the Orange County, Florida ordinance which meets the Planning Advisory Services criteria. Seminole County is also developing their ordinance from Orange County's. r- Lein stated that he heard that Chairperson Fernandez remarked at a Board of Adjustments meeting that he would be willing to put one of these towers in his backyard. Lein asked Chairperson Fernandez to assure him that he is not looking forward to the opportunity. Chairperson Fernandez said that he has no conflict of interest. Minutes Planning and Zoning BoardILP A December 4, 1996 - Regular Meeting r--- Page 2 of 5 Brown asked if the 180 foot height will suffice, and how many towers within the city are anticipated. Grimms said 180 would suffice, and they anticipate about three or four. Brown also asked ifthere are tentative locations. Grimms said that one company that wants to put a much higher tower by the post office. The spray field has not been discussed, but that is an option. Stephens asked if permission was granted by the Commission for a tower on the northern entrance of Seville Chase near Shore Road. Fernandez said that as far as he knows the issue died. Chairperson Fernandez said that they will cover the Winter Springs ordinance page by page, section by section. Approvals will be made by consensus unless a member has objections. Page 2 Lein asked, why 180 feet? Grimms said that 180 feet was a reasonable compromise. Lein asked if higher towers would require less towers. Grimms said that the watt output also factors in. Hoffinann said that the minimum separation is 2000 feet which is five towers per mile. Grimms said that the usual is 1500 feet. There was discussion at the Telecommunications Technical Committee meeting about towers being located near Winter Springs' borders. Lein asked if the towers have ranges. Grimms said that there are various ranges. Hoffinann said that it depends on the frequency, and the power wattage; the higher the frequency, the lower the range. Brown said that there can be different ranges on one tower. r Brown inquired about the grammar on the following: The communications requiring transmission towers, and that provision of telecommunications towers and utility service facilities within the City of Winter Springs serves the public health, safety and welfare. Grimms said that it is a catch all phrase. Page 3 Hoffmann suggested that in the Stealth Facility [Section I (a)]the word "mono" be added before power poles. Page 4 Paragraph 4-Lein said that he did not see anywhere in the ordinance where the city shares revenue from these towers. Grimms said that they cannot grant an exclusive franchise arrangement, but they can charge a user fee. Manager McLemore joined the meeting. He said that this is basically a land lease. In consideration of the location, the city also wants to be able to generate revenue from the secondary lease (co-locations). A negotiable item on the business side of this deal is the revenue share on the second and third site. The City is reserving a site on the antenna for the city's use, and if the city doesn't need the site, then the City reserves the right to rent the site. r" Lein said that there is no language in the ordinance that talks about collecting money, and he thinks there should be something stated in the ordinance that directs the city to do negotiations. Manager McLemore suggested forwarding it as a P & Z Board recommendation. Lein suggested making a Paragraph 6 under Findings and Intent stating that revenue sharing should be considered. Minutes Planning and Zoning BoardILP A December 4, 1996 - Regular Meeting 1""""". Page 3 of 5 Page 5 (e)-Stephens suggested that "or denied approval" should be added to the last sentence after the word approved. (d)(J)-Hoffinann recommended adding "subject to other regulations which may apply" to the end of the paragraph. Lein asked ifit is possible to add wetlands and greenbelt areas (conservation areas). Grimms said that the city does not want to disturb those areas, and the comp plan has a general discouragement. Lein said that the towers wouldn't interfere with the public, and they wouldn't be seen from the roads. Chairperson Fernandez said that he was not in favor of the idea. Page 6 (g)(2)(a) and (b)-Lein suggested it read: "three times the height of the tower from the property line" instead of 250 feet. Hoffinann referenced page 8 of the Orange County Ordinance. (g)(2)(c)--Hoffinann suggested that the separation should be at least equal to the tower height. (g)(2)(4)--Consensus of the board to strike (d). (g)(J)(a)--Grimms stated that (g)(I)(a), last line, should read (g)(2), not (e)(2). I""'" (g)(3)(a)--Chairperson Fernandez mentioned that the 1996 date will need to be corrected. Page 7 (5)--Hoffinann suggested removing the word "or". Page 8 (8)-Consensus of the members to change the paragraph to read "three times the height of the tower", not 250 feet, and should be changed accordingly throughout the ordinance (same as on Page 6, (g)(2Xa). Chairperson Fernandez said he hoped it would even go beyond that requirement. Brown suggested that the public notice should be given to the entire city. Consensus of the board that (8) reads: ...shall require published public notice (in newspaper of general circulation) and to all property owners, and personal notification to property owners within the "three times the height of the tower" area. (c)-Hoffinann suggested adding the word "loading" to the first sentence before the word capacity. Page 9 (J J)(a)-Stephens said that there are no maximum heights mentioned. He suggested trees that will grow at least 40 or 50 feet tall. r (JO)(a)-Hoffinann suggested that this read: ...to prevent pedestrian access to the tower, not exceed two (2) feet in height, shall be installed... (JO)(b)-Hoffinann suggested that there should be a period after the word times (gate shall be locked even when occupied). Minutes Planning and Zoning BoardILP A December 4, 1996 - Regular Meeting r Page 4 of 5 Page 10 Hoffinann suggested having the regulations for the buildings at the base of the tower placed in the ordinance near (12)(f) and (g), page 10. Brown mentioned that the Orange County ordinance has a section on Variances, but Winter Springs' ordinance does not. Consensus of the board to leave the Variance section out. (12)(4)--Hoffmann recommended "or supporting structure" be added to the end of the sentence. (12)(l)-Hoffinann suggested ''No more than one (1) total" to the beginning of the sentence and delete the word "any". Page 11 (13)--Hoffinann suggested adding "and are in progress" to the end of the sentence. (14)-Brown suggested changing (a) and (b) to (b) and (c), then adding an (a) All towers examined one year after initial construction. I""' Page 12 (4)(a)-Lein stated this should coincide with Page 6, (g)(2)(a) and (b) (changing the 250 foot to three times the height...) (4)(c)-Hoffinann suggested replace "which comes" with "shall not come", Remove "shall only be permitted when notarized written consent is obtained from those affected residential property owners. " (3)--Add "by compliance with this ordinance" to the end of the sentence. Page 13 O)(l)(continued from page 12)-Hoffinann suggested reducing the time of an inactive tower to 180 days, then 180 days with another exception. Page 14 Correction to mayor's name. m. Unfinished Business A) Winter SDnnes LOOD--Collector Roads r Chairperson Fernandez said that he had attended a couple of meetings where rustic rural roads were discussed, and he found out that funds were budgeted this year for the paving of Panama. His recollection was that the P & Z Board had recommended to the Commission that they delete the Winter Springs Loop from the Future Land Use map. The purpose of this was to clarify any Minutes Planning and Zoning BoardILP A December 4, 1996 - Regular Meeting 1"""'. Page 5 of 5 misunderstanding of what the board voted and how staff interpreted it so that the Commission received the proper recommendation of the board. In the City Manager's letter, he has instructed his staff and requested !he P & Z Board to not take any position on the matter until input is received from Conklin, Porter and Holmes. Chairperson Fernandez said he does not propose to make any additional findings at this time. Brown was unfamiliar with the "yellow section". Stephens displayed a map, and stated that the only thing eliminated by motion was just the part in yellow; in other words, not the existing road. Chairperson Fernandez said that what needs to listened for on the tape (8-16-95) is the Winter Springs Loop. He said his motion was to delete the Winter Springs Loop plus the extensions. Without having the staff's recommendations or the map in front of him, his recollection was that the loop was a loop, but the way it's being interpreted, and the way he hears it on the tape there was quite a bit of discussion that it was just the parts in yellow. The Board requested that the clerk prepare the agenda with an Item titled: "Future Agenda Items". Stephens asked if the question has been answered about how the boards information is forwarded to the Commission. Grimms said that he is doing a survey so that a recommended policy can be established. He also informed the members that the board's recommendations are in the agenda packet on the cover of the particular item. Brown asked ifit is presented verbally. Grimms said no. ,r" Stephens said he would like to see that the board's recommendations be placed on the Commission's agenda. Grimms said that he would do that. IV. Adiournment Chairperson Fernandez welcomed Brown back to the Board, and apologized for not acknowledging his return last month. The meeting adjourned at 8:58 p.m. r Minutes submitted by: Martha Jenkins, Deputy City Clerk City of Winter Springs, Florida