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. Site Plan
August 1, 2007
Regular 601
Page 4 of 10
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.
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.
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City of Winter Springs
Ordinance No. 2006-12
Page 7 of I8
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(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...~~ »~~~
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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
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