HomeMy WebLinkAbout2007 08 27 Public Hearing 500.2 Cell Tower Site Plan
CITY COMMISSION
AGENDA
ITEM 500.2
Consent
Informational
Public Hearing X
Regular
August 27,2007
Meeting
MGR.
/DEPT~
REQUEST: The Community Development Department requests the City Commission
review the Vertex Development, LLC telecommunications tower site plan, on a 70' x 70' lease
site, at the Tuscawilla Country Club (1500 Winter Springs Boulevard), in the Tuscawilla
Planned Unit Development (PUD).
Community Development staff requests the City Commission remove
this item from the table and review the agenda item as written
originally for the August 13,2007 City Commission meeting.
.'
CITY COMMISSION
AGENDA
ITEM
500.2
Consent
Informational
Public Hearing X
Regular
August 13,2007 i ~,p (01
Meeting
{" MGR. /~EPT~
REQUEST: The Community Development Department requests the City Commission
review the Vertex Development, LLC telecommunications tower site plan, on 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 Commission 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 and other applicable
regulations.
ZONING AND LAND USE DESIGNATION:
Zoning: PUD
Future Land Use Designation: Recreation and Open Space
Conditional Use: Pending
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 in a 50' x 50' fenced compound on a 70' x 70'
lease site at the 140 + acre Tuscawilla Country Club site within the Tuscawilla Planned Unit
Development (PUD).
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.
August 13,2007
Public Hearing 500.2
Page 2 of3
3. Subsection 20-451 (1) (e) (see page 8 ofthe 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. Staffs 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 (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:
(a) the results of a site inspection to determine what existing vegetation may be preserved and
what must be removed;
(b) substitution of an acceptable alternative shrub to the proposed Viburnum acerifolium (e.g.
walter's viburnum - Viburnum obovatum); and
(c) an irrigation plan to establish and maintain the landscaping.
9. There are significant landscaping requirements. A site inspection must determine
compliance with the City Code, as noted in # 8, above. 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 Three standards shall be depicted on the site
plan. Further, the proposed site must also meet the requirements of Subsection 20-451 (f) (10)
landscaping. All landscaping shall be drought tolerant and shall be properly maintained by the
telecommunications tower/operator to ensure good health and viability. Existing vegetation
shall be preserved to the maximum extent practicable and be used as a substitute for or
supplement to new plant material in meeting the landscaping requirements. Preservation of
existing trees may require tree protection barriers. Any new landscaping is required to
comply with the above-referenced section and shall be depicted on the site plan.
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 these
agreements. An amendment to the settlement agreements would be required to permit a cell
August 13, 2007
Public Hearing 500.2
Page 30[3
tower on the subject property. 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 listed below in the conditions of approval 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. Approval of the conditional use of the tower at the
proposed location and that conditional use becoming effective.
2. Provide an amended landscape plan, (a) depicting exactly what vegetation is to be preserved
and incorporated into the landscaping and what will be new plantings and (b) an acceptable
alternative to Viburnum acerifolium.
3. 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.
4. Provide, on the plan, a description and depiction of proposed utilities to be extended to the
site.
5. Provide an irrigation plan that demonstrates survival and establishment of the new
plantings.
6. Amend the settlement agreements to allow the installation of a telecommunications tower on
the subject parcel, subject to the City Commission's discretion.
PLANNING AND ZONING BOARD ACTION:
At its regularly scheduled meeting of August 1,2007, the Planning and Zoning Board voted 4-
o in favor of a motion to recommend approval of the site plan.
RECOMMENDATION:
The Planning and Zoning Board and staff recommend approval of the site plan, subject to the
above-stated conditions.
ATTACHMENTS:
A. Location Map
B. Draft P&Z minutes
C. Site Plan
5
NOTES:
Municipal Address Map Book
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ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING
AUGUST 1, 2007
CALL TO ORDER
The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday,
August 1, 2007 was called to Order at 7:04 p.m. by Chairman William H. Poe in the
Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call:
Chairman William H. Poe, present
Board Member Robert L. Heatwole, present
Board Member Tom Brown, present via telephone
Board Member Rosanne Karr, absent
Board Member Denise Ryser, arrived at 7:10 p.m.
A moment of silence preceded the Pledge of Allegiance.
Under Agenda changes, Chairman Poe said, "I would like to address Item Number '600'
as the fIrst Agenda and it is a Regular Agenda Item."
.:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
DISCUSSED NEXT, AS DOCUMENTED. .:..:.
REGULAR AGENDA
REGULAR
600. Parks And Recreation Department
The Applicant Requests That The Planning And Zoning Board/Local Planning
Agency Discuss The Proposed Grant Application And Recommend To The City
Commission That Staff Submit A Florida Recreation Development Assistance
Program Grant For Improvements To Central Winds Park Expansion (Dog Park).
Mr. Chuck Pula, Director, Parks and Recreation Department introduced this Agenda Item
and acknowledged his appreciation to the Board Members on last year's project.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - AUGUST 1,2007
PAGE20F7
Advisory Board Member Denise Ryser arrived at 7: 1 0 p. m.
A Powerpoint presentation was displayed of the site.
"I WOULD LIKE TO MAKE A MOTION TO APPROVE AS WRITTEN."
MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY
ADVISORY BOARD MEMBER HEATWOLE. DISCUSSION.
VOTE:
BOARD MEMBER RYSER: AYE
BOARDMEMBERHEATWOLE: AYE
CHAIRMAN POE: AYE
BOARD MEMBER BROWN: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC INPUT WAS DISCUSSED
NEXT, AS DOCUMENTED. .:. .:.
PUBLIC INPUT
Ms. Donna Hogan, 105 Arrowhead Court, Winter Springs, Florida: spoke against the
cell tower and asked that the location be reconsidered.
Mr. Mark McEwen, 103 Arrowhead Court, Winter Springs, Florida: noted he was not in
favor of the location ofthe proposed cell tower.
Mr. Jim Braun, 104 Arrowhead Court, Winter Springs, Florida: spoke against the
location of the cell tower.
lv/so Dorothy Benson, 220 Arrowhead Court, Winter Springs, Florida: said she was not in
favor of the cell tower and location.
.:..:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEM WAS
DISCUSSED NEXT, AS DOCUMENTED. .:..:.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - AUGUST 1,2007
PAGE30F7
REGULAR AGENDA
REGULAR
601. 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, On A 70' X 70' Lease Site, At The TuscawiUa
Country Club (1500 Winter Springs Boulevard), In The Tuscawilla Planned Unit
Development (PUD).
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and said, "We did put an advertisement in the Orlando Sentinel and it
appeared in the July 22, [2007] Orlando Sentinel on page J 17. There was a sign posted
at the site and letters were provided to all of the Property Owners within four hundred
and fifty feet (450') of the lease parcel." Mr. Baker added, "We also sent letters to the
HOA [Homeowner's Association] people that we had contact addresses for Arrowhead 2,
Country Club Village, Greenbriar 2, Chelsey Park 2 and Bentley Green."
Chairman Poe asked, "And that has been reviewed by Mr. [Anthony A.] Garganese, City
Attorney?" Mr. Baker said, "Yes."
Next, Mr. Baker spoke of some Conditions that need to be met. Mr. Baker added, "We
do recommend Approval subject to those Conditions."
Discussion.
Ms. Mary D. Solik, Esquire, Foley & Lardner LLP, 111 North Orange Avenue, Suite
1800, Orlando, Florida: spoke on behalf of Vertex Development and commented for the
Record regarding a Tree Survey as part of the Application package as well as letters
dated July 30, 2007 and August 1,2007. Ms. Solik said, "I am happy to report that we
are in agreement with the Conditions of Approval. We will do the listed Species Report.
We will do the Wetland Survey. Those things are typically done after the 'Conditional
Use' is approved." Continuing, Ms. Solik said, "The Settlement Agreement is an issue
that needs to be taken up by the City Commission and again that will come after the
'Conditional Use' approval process is accomplished. We are happy to change the
plantings." Ms. Solik added, "We will put in the irrigation."
"I WOULD LIKE TO MAKE A MOTION TO MOVE FORWARD [AGENDA]
ITEM '601' PROVIDED THE CONDITIONS THAT THE STAFF
RECOMMENDED ARE MET." MOTION BY ADVISORY BOARD MEMBER
RYSER. SECONDED BY ADVISORY BOARD MEMBER BROWN.
DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - AUGUST 1,2007
PAGE40F7
VOTE:
BOARD MEMBER BROWN: AYE
BOARDMEMBERHEATWOLE: AYE
CHAIRMAN POE: AYE
BOARD MEMBER RYSER: AYE
MOTION CARRIED.
.:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA
ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE
AGENDA, AS DOCUMENTED. .:..:.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department - Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For
Consideration Of Ordinance 2007-22, A Large Scale Comprehensive Plan Text
Amendment, Establishing A Public School Facilities Element And Amending The
Capital Improvements And The Intergovernmental Coordination Elements
Consistent With Chapter 163, Florida Statutes.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department presented this Agenda Item.
Next, Ms. Sahlstrom said, "The Implementation Schedule - will be Amended. This item
will go to the City Commission on August 13th [2007] for briefing." Ms. Sahlstrom
added, "It will go to the City Commission for First Reading on September lOth [2007]."
Tape liS ide B
Mr. Scott Stegall, Director of Capital Outlay, Seminole County Public Schools, Facilities
Planning Department, 400 East Lake Mary Boulevard, Sanford, Florida: spoke on
school concurrency and Interlocal Agreements.
Chairman Poe opened the "Public Input" portion of the Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
Mr. Stegall discussed the concurrency service areas.