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HomeMy WebLinkAbout2007 08 01 Regular 601 Vertex Development LLCPlanning & Zoning Board ITEM 601 Consent Informational Public Hearing Regular X August l, 2007 MGR. /DEPT. Meeting REQUEST: The Community Development Department requests the Planning and Zoning Board review and provide the City Commission with a recommendation regarding the Vertex Development, LLC telecommunications tower site plan, o~ a 70' x 70' lease site, at the Tuscawilla Country Club (1500 Winter Springs Boulevard), in the Tuscawilla Planned Unit Development (PUD) PURPOSE: The purpose of this agenda item is for the Planning and Zoning Board to review the proposed 150' tall monopole telecommunications tower (cell tower) site plan, pursuant to the site plan criteria set forth in Section 20-451 of the City's Code of Ordinances. It is not the Planning and Zoning Board's charge to consider the appropriateness of the location, the height of the proposed tower, or the type of technology to be employed. ZONING AND LAND USE DESIGNATION: Zoning: PUD Future Land Use Designation: Conditional Use: Pending AGENDA Recreation and Open Space APPLICABLE LAW AND PUBLIC POLICY: Comprehensive Plan Chapter 5, City Code (Tree Protection) Chapter 9, City Code (Land Development) Section 20-451, as amended by Ordinance No. 2006-12, Telecommunication Towers The Telecommunications Act of 1996 Section 365.172, Florida Statutes CONSIDERATIONS: 1. There may be a need to improve cell phone service in the Tuskawilla P.U.D. The applicant proposes to locate a 150' tall monopole tower on a 70' x 70' lease site at the 140 + acre Tuscawilla Country Club site within the Tuscawilla Planned Unit Development (PUD). August 1, 2007 Regular 601 Page 2 of 10 2. The proposed site is located near the southwestern end of the existing driving range and meets the minimum applicable setback requirements of Section 20-451. 3. Subsection 20-451 (1) (e) (see page 8 of the attached Ordinance No. 2006-12) requires a site plan. Preliminary engineering submittal requirements for site plans are set forth in Section 9- 46 of the Code. 4. The applicant states that the site is not located within wetlands. Verification that the site is not located within a wetland must be provided, to fulfill comprehensive plan requirements. 5. Staff's review of the floodplain map indicates that the lease site is not within a floodway or the 100 year floodplain. 6. Other outstanding pertinent preliminary engineering plan information includes proposed utilities, if proposed (Subsection 9-46 (2) (1)). 7. To fulfill the comprehensive plan requirements of Future Land Use Element Objective 1.2, Conservation Element Objective 1.6, and Conservation Element Policy 1.6.3 as well as demonstrate compliance with state and federal requirements, the applicant must provide a listed species report. 8. Final engineering submittal requirements for site plans and subdivision plans are set forth in Section 9-73 of the Code. Landscaping and fence information have been provided and appear adequate, subject to the results of the tree survey and substitution of an acceptable alternative shrub to the proposed Viburnum acerifolium (e.g. walter's viburnum - Viburnum obovatum). The outstanding pertinent final engineering plan submittal appears to be an irrigation plan to establish and maintain the landscaping. 9. There are significant landscaping requirements. A tree survey must be provided in order to determine compliance with Chapter 5 of the City Code. At the time this report was prepared, it is unclear whether the proposed site plan complies with Chapter 5. Upon receipt of the tree survey, the City Arborist will determine compliance. Removal of any specimen trees requires City Commission approval. Compliance with Chapter 5 may require relocation or shifting of the proposed lease parcel. In addition, as a tier 3 site being proposed in a densely wooded or concealed area on a golf course, the tower shall be concealed by the surrounding trees or wooded area to the maximum extent possible to minimize the visibility of the tower from any road, occupied building, and fairway. Trees can be existing on the subject property or installed to meet these requirements, or a combination of both. Any new landscaping, required to comply with the tier 3 standards shall be depicted on the site plan. Further, the proposed site must also meet the requirements of Subsection 20-451 ( fl(10) landscaping. All landscaping shall be xeriscape tolerant and shall be properly maintained by the telecommunications tower/operator to ensure good health and viability. The use of existing vegetation shall be preserved to the maximum extent practicable and by be used as a substitute or supplement towards meeting the landscaping requirements. Any new landscaping is required to comply with this section and shall be depicted on the site plan. August l, 2007 Regular 601 Page 3 of 10 10. The proposed telecommunication tower site is subject to a final order approving settlement agreement and amended settlement agreement#1, recorded in Official Records Book 3102, page 1356, as amended by the second amendment to settlement agreement, recorded in the ORB 3146, page 0454. Said agreements state that the subject property shall be developed as single family, detached residences. The proposed cell tower is inconsistent with the agreements. An amendment to the settlement agreements would be required to permit a cell tower on the subject property. Staff and the Plannin,g and Zoning Board have been instructed to proceed with the site plan review - that the City Commission will address settlement agreement issues. The approval of the proposed tower shall be contingent upon the City and Tuscawilla Country Club mutually agreeing to amend the settlement agreements. FINDINGS: 1. The parent tract contains a golf course, is located within the Tuscawilla Planned Unit Development (PUD), is within the PUD zoning district and has a Recreation and Open Space FLU designation. 2. Any approval of a telecommunications tower on the proposed site will require an amendment to the applicable settlement agreements. 3. There are items that must be provided with the site plan application package - items that must be provided before any clearing or construction may commence. CONDITIONS OF APPROVAL: 1. Provide a tree survey for the area within 75' of the lease parcel to determine compliance with Chapter 5 of the City Code, Ordinance No. 2006-12, and Section 20-451 landscaping requirements. 2. Provide a Listed Species Report and sufficient documentation to verify that the proposed facility location is not in a wetland to determine comprehensive plan compliance. 3. Provide, on the plan, a description and depiction of proposed utilities to be extended to the site. 4. Provide an irrigation plan that demonstrates survival and establishment of the new plantings and an acceptable alternative to Viburnum acerifolium. 5. Amend the settlement agreements to allow the installation of a telecommunications tower on the subject parcel, subject to the City Commission's discretion. RECOMMENDATION: Staff recommends that the Planning and Zoning Board recommend approval, subject to the above-stated conditions. ATTACHMENTS: A. Location Map B. Ordinance No. 2006-12 C. 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Q U ~ ~ ~ !~ _ ~ ~ mo 1 ~' ~ ~ _~~ Wo~ =o~ W~~ ~o~ ~o~ oW? oo~; NZW W W Z ~ ~ ~ OZW O~V N ~ Q U a d `-~ V1 J ~ W V Z r Z ~ m ~~/ IT.I.. 1 ~ W U ~ ~ O Z ~ ~~ FZ~n Z - ~ J ~ V O ~ ¢ a Q J W ~ ~~N w ~ U_ WOZ ~ Z J aw~ U Q ~ ~Q3 O X F U ~ X Q ~ U U ~ O O Z U O ~1"1 Q a ~ W J Q W m W 2 ~ ~ ~ U ~ ~ N w a U ~ (n ~ F Q x ~ * ~ Z g ~ ~ z ~ c~ z ~ F Z F Z _ ~ ~ O Q "~ ~ a a w = r a r ¢ <^ ; ~ w aa ~ ~ U ~ ~S ~ Z ~' < ~ m ~ ~ J j~ ~ W ~ mj w ~ ~ _ ~ / / / / -n-~1lSL O ~~~~ ~. - ~ W d' 7 d w ~ ~ Q +~ . ORDINANCE NO. 2006-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 20-451 OF THE CITY CODE REGARDING TELECOMMUNICATION TOWERS AND ANTENNAS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission has held several public workshops and hearings regarding the current telecommunication tower ordinance and has determined that said ordinance should be updated to potentially allow additional locations for telecommunication towers and/or other appropriate personal wireless service facilities in order to enhance the quality of personal wireless services that are being provided to the citizens and businesses of Winter Springs; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Section 20-451, Telecommunication towers, is hereby amended as follows: (underlined type indicates additions and stri~ce~ttt type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Section 20-451. It is intended that the text in Section 20-451 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No. 2006-12 Page 1 of 18 Sec. 20-951. Telecommunications towers. 1. (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 off'icial, 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. Personal wireless services shall mean anv personal wireless service defined in the Federal Telecommunications Act which includes Federal Communication Commission ~FCC) licensed commercial wireless telecommunications services includine cellular personal communication services (PCS) snecialized mobile radio (SMRI, enhanced ~ecialized mobile radio (ESMR~,.,na inC as well as unlicensed wireless services, and common carrier wireless exchang;e access services. Stealth facility shall mean any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include azchitecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like light poles, mono-power poles or trees. City of Winter Springs Ordinance No. 2006-12 Page 2 of 18 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 similaz 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; (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 City of Winter Springs Ordinance No. 2006-12 Page 3 of 18 federal law; anct- (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 expiresi- (71 To discouraee new telecommunication towers and to encoura~e the use of existins structures includin~ but not limited to rooftops sports li~htin~ utilitv noles, and church steenles for deploving~ersonal wireless service facilities; and j8) To encoura~e the use of the lowest height technology to nrovide nersonal wireless services includin~ but not limited to micro cell technolo~v. (c) Applicability. (1) All new telecommunications towers and antennas in the city shall be subject to these regulations and a11 other applicable regulations. For purposes of ineasurement, telecommunications tower setbacks as listed in subsection ( fl(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 (i.e., stealth rooftop or building mounted antennas) which are not attached to telecommunications towers shall comply with subsection ( fl(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 conditional uses. ~1) All telecommunication towers shall comply with the followin~ develonment standards: ~i,L They shall be located as far as technicall~ feasible from nronerties that are des~nated residential on the City's Future Land Use or ZoninQ Mans and shall comnlv with all other~vlicable distance standards which are set forth in the citv code: (ii) To the extent technically feasible the lowest hei~ht technoloEV shall be City of Winter Springs Ordinance No. 2006-12 Page 4 of 18 incor~orated including, but not limited to micro cell technolosv; ~iii1 Towers shall be erected to a heiQht that is the minimum hei~ht necessarv to technically serve the a~nlicant's needs but not exceeding the lesser of one hundred six , five (165Zor a hei~ht calculated based on a tower setback of one hundred twentv- five (125Zpercent of the tower hei ng t measured at ~rade from the base of the tower to the closest residentially zoned provertv line: (ivl The most effective stealth technology (includin~ stealth towersl shall be incorporated; (v) The location shall be the least visuallv intrusive location in the communitv; ~vil The pronosed tower shall be located in an area where the visual imnact on the COIII111UTllh"c minimi~Pd to the ~reatest extent nracticable; (vii) Antennas shall be close-mounted or concealed. However concealment shall be encoura e~ d and ~referred to the ereatest extent nracticable; and ~viii) The visual impact of all towers shall be reduced or eliminated to the maximum extent possible by concealment camoufla~e, and dis~uise. (2) In addition to the standards set forth in subsection (1) above the location of all proposed telecommunication tower sites shall be determined based unon a tiered zomn~ svstem Snecificall~ a telecommunication tower shall be allowed as either a permitted use or a conditional use d~ending unon the location of the anplicable srte: (i) Tier One. Telecommunication towers shall be a nermitted use t the following sites (see map attachment Figure 1 dated Februa~ 12, 2007 , ) 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). o. 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 HaIL City of Winter Springs Ordinance No. 2006-12 Page 5 of 18 (3-ii Tier Two. A telecommunication tower shall be considered a conditional use at the following locations nrovided the.provosed tower comnlies with the standards of this section and complies with the conditional use criteria set forth in 20-33 of the Citv Code: a On~ropertv owned b~the Citv of Winter Sprin~s that is desi~nated nublic/semi- public on the C~'s future land use map: or b On an existin~ commercial or industrial building not located or incornorated within a sin leg famil~residential area Qrovided the tower does not extend more than ten (10) feet above the roof line of the buildin~ and the tower does not exceed the annlicable maximum hei~ht limitation in the City Code; or c Within (enclosedl an existin~ church steeple or other tvne of existins structure which exists for a nrimary vur~.ose other than for personal wireless services. It is the intent of this subsection to take advanta~e of existing structures for nrovidmr~ nersonal wireless services and not to allow the construction of new structures for said numoses; or d Uvon existing~ports li~hting structures utili structures and water tanks, nrovided the structure is not located within a sin~le family residential area, the tower does not extend more than ten 10 feet above the to of the existin structure and the tower does not exceed the applicable ma~cimum hei~ht limitation in the Citv Code; or e On the site of the vronosed Fire Station #3 which is to be located on the south side of S R 434 in Tuscawilla Tract 15 Parcel 3(approximatelv 2 300 feet west of Vistawilla Drive) Said tower if annroved shall not exceed one hundred twentv (1201 feet. (iii) Tier T'hree If an a,~nlicant presents to the city comnetent substantial evidence which demonstrates that Tier One and Tier Two locations are not a~ailable or technicall feasible for the location of a tower a telecommunication tower shall be considered a conditional use on the followin~preferred sites which are listed in order of preference Th~referred sites shall be considered in the seauence listed below and the applicant shall be required to demonstrate based on technical feasibilitv, that a more preferred site is not available or suitable before requestin~ a lessor nreferred site: City of Winter Springs Ordinance No. 2006-12 Page 6 of 18 a Propertywhich has a future land use desienation of Industrial. b Pro,perty which has a future land use desi~nation of Mixed Use and is nart of a Develonment of Re~ional Imnact. c Densely wooded or concealed areas limited to a golf course and areas of nropertv which have been desienated conservation bv perpetual easement and on the citv's future land use map If a new telecommunication tower is ulaced within trees or wooded areas. the tower shall be concealed bv the surroundin~ trees or wooded areas to the maximum extentpossible to minimize the visibili~ of the tower from anv road occupied building, and fairwa if located on a~olf course Trees can be existm~ on the subiect vrovertv or installed to meet the requirements of this subsection or thev can be a combmation of both. e PropertYwhich has a future land use desi¢nation of Greenewav Interchan~e. All other locations shall be prohibited Further, the construction of a tower for ~eculative vurposes shall be nrohibited For purnoses of this code rt shall be deemed urimae facie evidence that a tower is bein~~built for speculative nurposes if the ap lin cant can not rovide with the a lication written evidence that one or more carners have committed to locate on the pronosed tower within three (3 ) months of the construction of the tower for a neriod of at least five (51 vears. .. , ~ , , • , , ., , ' ~ City of Winter Springs Ordinance No. 2006-12 Page 7 of I8 ~ , ~ . ~ ~ , ~ ~ ~ , ~ (e) Site platr Application• Technical Supportin~ Data. ~1,~ Any telecommunications company or entity that intends to install a telecommunications tower in the city shall file a site plan for review and approval by the citv in accordance with the city code All pronosed towers reauirin~ conditional use ap,proval shall be reviewed by the board of adiustment for comnliance with this section and other applicable provisions of the city code U~on review the board of adiustment shall make a recommendation to the city commission of either apnroval annroval with conditions, or denial. ~21 All applications shall contain the information required bv the Citv to nrocess a~nlicable buildine nermits aesthetic review~ursuant to section 9-600 et sea. of the citv code site plan permits and any other reauired development permits. Anplications shall City of Winter Springs Ordinance No. 2006-12 Page 8 of 18 be nrocessed within the time frames required bv law Additionallv, at a minimum, the followin~ information shall also be provided bv the annlicant: a Name address telephone number and orig,inal signatures of the annlicant and all co- apnlicants. b Detailed description of the request. c Location information includin~~le~al descri~tion of subject vrouertv nazcel identification ~~ra~hic coordinates and name of nearest roads street addresses. or other landmarks. d Scaled elevation and engineerin~ drawin~s depicting~the nronosed tower and related facilities includin~ all mounts antennas collocation spaces and eauinment facilrties. e A current propert~annraiser aerial delineatin~ the subject pronertv the nronosed tower and related facilities within 1 000 feet of the proposed tower and facilities. f For pronosed towers within trees and wooded areas a tree survev identifvin¢ the tvpe, size (DBH~, and he~ht of existin~ and/or nroposed trees within a 75-foot radius of the pro~osed tower and related facilities. ~ Future land use and zoning desi~nation of the subiect nronertv. h An~ applicable letters of ~nroval for the proposed request received bv the annlicant from anv other ~overnment a~encv includin~, the FAA FDOT and FCC hf nermitted b law i Documentation of location and site selection process includin~ search rine, location and sitin} criteria alternative sites in the area and site selection methodolo~ j To the extent nermitted or re~uired bv law technical data maps and anal~is showing the area to be served by the pronosed tower and personal wireless service facilities and any claimed gaps in coverage where the applicant desires to erect a tower. In addition technical data and m~s demonstrating any other pronosed existm~, and authorized towers in the service area as the proposed tower and related facilities. k Documentation evidencin~ that one or more carriers have committed to locate an antennae on the pronosed tower forpurposes of providin~ personal wireless services. (31 The applicant shall provide a visual impact report that nrovides a line-of-sight analvsis including scaled and colored front side and rear elevation drawin~s or photog~anhs that devict the pro.posed tower and related facilities. T'he drawin~s or photo~ranhs shall also depict an~significant natural and manmade features that affect the bufferin o~ f the potential visual impact of the proposed tower and related facilrties. Unon rece~t of the visual impact report the Cit~mav reauire the annlicant to conduct a visual impact demonstration consistin~ of a minimum of two hour balloon test, which shall demoristrate the maximum hei~ht of th~roposed tower. The balloon test shall be City of Winter Springs Ordinance No. 2006-12 Page 9 of 18 scheduled with the Citv and renresentatives of the City shall be nresent at the nronosed site for purposes of evaluatin~ the test. ~4 For purposes of demonstratin~technical feasibilitv under this section 20-451 the ~~licant shall be reauired to submit in conjunction with a site nlan anplication and to the extent ~ermitted or reauired by law technical data indicatin~ that the vronosed tower is the only technically feasible available site to assure telecommunications services covera e needs to area citizens. Further such technical data not for ~eculative untried telecommunications uses but is for current technoloev reco~nized or approved for service area needs and market conditions under annlicable state federal or local laws re~ulations or ordinances All such technical data shall be nrovided at cost to the applicant The city_,mav in aparoximate cases in its sole discretion, retam the service of technicall~competent consultants to evaluate the data submitted bv an apnlicant to justif~an additional tower~ursuant to this section The avvlicant shall nost a d~osit with the citv mana~er or his desi~nee in a sum such that the annlicant for the additional telecommunication tower pavs the full cost of technical review of such tower bv citv's consultant. VVllVVllllll~ uua~a vvaava~ava~wa u...~~ »~~~ f 1 f ( fl 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. b. The setback requirements shall be a minimum of ten (10) feet from any lot line and sha11 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) City of Winter Springs Ordinance No. 2006-12 Page I O of 1 S 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 EIA/TIA 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 ~~ 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, 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 irnposed 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. U ov n request by the Citv, 6 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. City of Winter Springs Ordinance No. 2006-12 Page 11 of 18 e. Further, any improvements and/or additions (i.e., 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 EIT/TIA 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 LoadProvisions," both which may be amended from time to time, in effect at the time of said improvement or addition. (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 a11 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 (2 1/2) inches in caliper, and a maximum of ten (10) City of Winter Springs Ordinance No. 2006-12 Page 12 of 18 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 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); 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 City of Winter Springs Ordinance No. 2006-12 Page 13 of 18 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 owners/operators 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. This prohibition does not apply to emer~encv ~enerators. (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 aze 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 City of Winter Springs Ordinance No. 2006-12 Page 14 of l8 manner that provides for three (3) co-locations as part of the conditional use and/or 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 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 applicandprovider in question, conespondence 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 unreasonableor 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 properiy 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. City of Winter Springs Ordinance No. 2006-12 Page 15 of 18 (3) Height. An existing telecommunications tower may be modified or rebuilt to the allowed height including antennas by compliance with this article; (4) Onsite-location. 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 properly. 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) NIER 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 andlor 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: 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 conditional use approval, ninety (90) days after dismantling or the expiration of the two-hundred seventy (270) day period as set forth in this section, the conditional use 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 properly shall be cleared of all appurtenances and returned to its natural state. City of Winter Springs Ordinance No. 2006-12 Page 16 of I8 (3) An appropriate surety instrument to assure dismantling costs shall be provided by the owner prior to a tower construction permit. Section 3. Repeal of Prior Incoasistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incor~,oration Into Code. This Ordinance, including Figure 1 which is attached hereto and fully incorporated herein by this reference, shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severabilitv. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. [ADOPTION PAGE FOLLOWS] City of Winter Springs Ordinance No. 2006-12 Page 17 of 18 ADOPTED by the City Commission of the CiTy of Winter Springs, Florida, in a regulaz meeting assembled on the 12th day of February, 2006. ~, ~/~"~"" ~^ JO F. BUSH, Mayar ATTEST: T / i AND A LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City 'nter Springs only: / ANTHONY . GARGANESE, City Attorney First Reading: January 22, 2007 Second Reading: February 12, 2007 Effective Date: February 12, 2007 City of Winter Springs Ordinance No. 2006-12 Page 18 of 18 Figure 1 to Ordinance 2006-12 February 12, 2007 _r ~ Date: August 1, 2007 The attached documents was presented into the Record by Ms. Mary D. Solik, Esquire, during the discussion of Regular Agenda Item "601" at the August 1, 2007 Planning And Zoning Board/Local Planning Agency Regular Meeting. ~FOLEY ~ FOLEY & LARDNER LLP July 30, 2007 ATTORNEYS AT lAW 111 NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FL 32801•2386 P. 0. BOX 2193 ORLANDO, FL 32802•2193 407.423.7656 TEL 407.648.1743 fAX www.foley.com WRITER'S DIRECT ~INE 407.244.3259 msolik@foley.com EMAIL CLIENT/MATTER NUMBER 055546-0103 VIA FACS'IMILE AND U.S. MAIL Anthony Garganese, Esq. Brown, Garganese, Weiss & D'Agresta, P.A. 225 East Robinson Street Suite 660 Orlando, FL 32801 Re: Vertex Development v. City of Winter Springs Dear Mr. Garganese: Although you and I have discussed this matter at great length via voice mail and email, please let me lodge my formal disagreement with the City Staff s requirement that the Vertex site plan approval be required to go to a public hearing in front of the Planning & Zoning Boazd on August 1, 2007. Ordinance 2006-12, which addresses requirements for the approval of cellular communication towers, requires that all towers undergo site plan review. Site plan review is addressed in Sections 9-341 through 9-349 of the City of Winter Springs Land Development Code. This section provides for site plan review at a staff level. You have indicated to me that the site plan for the Vertex tower compound must undergo preliminary and final plan review under Chapter 9-46. Chapter 9-46 of the City's Code addresses the subdivision of land. The development proposed by Vertex is not a subdivision of land. There are no new lots created, nor are there any new streets being created. We therefore, feel based on the express language of the City's Code, that our site plan is not required to undergo public hearing review in front of the P&Z. Please advise. Ver~ truly yours, NIDS:jIc cc: Alan Ruiz ~ / ~~ Mary Doty Solik BOSTON LOS ANGELES SACRAMENTO BRUSSELS MADISON SAN DIEGO CHICAGO MILWAUKEE SAN DIEGO/OEL MAR DETR0IT NEW YORK SAN FRANCISCO JACNSONVILLE ORLANDO SILICON VALIEY TALLAHASSEE TAMPA TOKYO WASHINGTON, D.C. ORLA 57428T.1 Rug O1 2007 3:38PM HP LRSERJET FRX BROWN, GARGANES , WEISS & D'AGRESTA, P.A. A rnevs at I~rw Debra S. Babt}Nutche~' Offices in Jaseph E. Blitch Ft. Usher L. BrnHm• Suzanne D'Agresta° Anthony A. Garganese° J.W. Taylor Jeffrey S. Weiss 'Board Ceidfied Civi Trfai Lawyer °Board CeiliRed City. County 8 Loral Government Law ~Boerd Ce~tified Appellate Pra~lice p.l Kissimmee, Cocoa, Vivian Coootas ~le & Tarnpa Scatt J. Domstein Mitcheti B. Haller Katherine W. Latorre Amy J. Pitsch Erin J. O'Leary' Catherine D. Reischmann° William E. Reischmann, Jr. Of Counse! 1, 2~~7 Via Facsimile (40'7~ 64$-1743 Mary Solik, Esq. 111 North Orange Ave., Suite 1800 Orlando, FL 32802 Re: Vertex Development v. I am in receipt of your letter dated Jt site plan application will be presented t~ recommendation to the CityCommission. W Code must be read in its entirety as many pr~ I stated to you, for many years the City has c~ plan review under Section 9-46 to apply tc applications. To my knowledge, this practic Attorney in 1999. T also want to draw to you zoned PUD, and as such subject to Planning Winter Springs y 30, 2007. As we discussed Vectex Development's the Planning & Zoning Board this evening for ile I understand the point made in your letter, the City risions are deemed supplemental to one another. As ltemporaneously construed the preliminary and fmal site plan applications, not just subdivision of land and interpretation predates my appointment as City attention the fact that the groperty in question is also ~ Zoning Board and City Commission review. Furthermore, as you know I have brou to a Settlement Agreement between the City the right, at its sole discretion, to review any a manner that the City deerns appropriate in~ Zoning Board. cc: Ron McLemore, City Manager Z25 East Robinson Street, Suite 6 Orlando (4U7) 425-9566 Fax (407} 425-9596 • IQssimmee Website: www.orlandc to your attention that the subject property is subj ect i the Tuscawilla Country Club. The City reserves posed amendment to the Settlement Agreement in iing, but not limited to, review by the Planning & l~l ANTHQNYgSENCE'f0 AYdlb D~(AY ony A. Garganese GaHt~~ Attorney ~'' --~ r~ ~ ~'.~' ~t$ ~hG BUTNpt qF,S~ P.O. Box 2873 • Orlando, Florida 32802-2873 ~ ) 402-0144 • Cocoa (866) 42~9566 • Ft. Lauderdale (954) 8T0-19Z9 iet • Email: firm~orlandolaw.net I' FLOOD NOTE ~xonara m wr Mmn~cunan a caM~n rqs~. N0. 1]0295 OI43 E OF~1HE fL00D M9URANCE RAIE MAPS FOR SEWNOLL COUN11', FLORIOA OAl[D ~/it/Y6 1NE ~_ SVBiCT PROPERtt IS M ROOD ZONE 'X', IE 'MEAS ce~r+wiNeo m ec ournoc TMc eoo-~Ne r~ooo ruw•. BOUNDARY AND TOPOGRAPHIC SURVEY IN SEC710H 10. 7OIMISIqP 21 SOU7FI, RANCE 31 EAST, SE-MNOIE COUNTY. 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