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Home My WebLink AboutV(A) First Reading Of Ordinance No. 97-08, Relating To A Moratorium On Towers And Antenna Sites Second Reading And Second Public Hearing Scheduled For March 4, 1997 r AGENDA 2-18-97 Item A "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Ordinance #97-08. Ocoee s.5LOrr VANUEALiKIr-i - 6 COMMISSIONERS _ 0 �' • CITY OF OCOEE RUSTYJOHNSON KESHOE ''" r a SCOTT ANDERSON v 150 N.L LORIDA 34 DRIVE SCOTT A.GLASS ��. v OCOEE,FLORIDA 34761-2258 JIM GLEASON '1'J. a:4 (407)656-2322 l�* ‘> CITY MANAGER OF GOO ELLIS SHAPIRO STAFF REPORT DATE: February 11, 1997 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Horne, Senior Planner 4 nL1 J • THROUGH: Russ Wagner, AICP, Director of.Planning ri, SUBJECT: Sixty Day Extension of the Moratorium on Communication Towers and Antennas CASE #: LDC-97-002 ISSUE: Should the Mayor and City Commissioners extend the moratorium on Communication Towers and Antennas for 60 days? BACKGROUND: The Planning Department anticipates that the City of Ocoee will receive upwards of 24 requests to build new towers or collocate (place wireless communication devices on existing towers or buildings) during the next • two years. Similar requests will continue over the following five years since uniform coverage (the provision of telecommunication services without blackout areas) is a pivotal issue in the telecommunications industry. Orange County and several other Central Florida communities adopted moratoriums last year and subsequently adopted telecommunication ordinances. Since their adoption, these communities have decided to revisit and revise the telecommunication ordinances to better.address concerns about residential setbacks for new towers and collocation raised by their citizens. Several local communities still have their telecommunication moratoriums in place and one other community has also chosen to extend their moratorium rather than adopt an ordinance and revise it again shortly thereafter. DISCUSSION: During the initial moratorium, staff has been researching telecommunication issues and evaluating the proposed and adopted ordinances from other communities. The new federal regulations and industry siting requirements may result.in telecommunication structures being located throughout the City in order to achieve uniform coverage. The Planning Department has determined that we need a sixty day extension to the moratorium to develop regulations to suit Ocoee's needs since the proposed structures will be visible and obtrusive from nearly all areas of the City. We are in the process of finalizing a proposed ordinance, and we would like to use the additional moratorium period for further reviews-with industry representatives and our consultants prior to bringing the matter back before the Planning and Zoning Commission and the City Commission. o!L The Honorable Mayor and City Commissioners Page 2 February 11, 1997 STAFF RECOMMENDATION: Staff respectfully recommends that the Honorable Mayor and City Commissioners adopt Ordinance 97-08 so that staff may continue to study this issue and come back with a proposed ordinance before May 16, 1997 (the end of the extended moratorium period). Attachments: Ordinance 97-08 Advertisement F:\CAPDFILE\STAFFR-1\CCSR-1\SRP97009.WPD ORDINANCE NO.: 97-08 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO TOWERS AND ANTENNA SITES, EXTENDING THE MORATORIUM FOR SIXTY DAYS ON THE ACCEPTANCE OF APPLICATIONS AND THE ISSUANCE OF APPROVALS FOR THE NEW CONSTRUCTION OF SAME IN THE CITY; MAKING CERTAIN FINDINGS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee is presently conducting, and has been conducting since October 1996, a review and analysis of new and existing regulations governing towers, antenna sites, and collocation; and WHEREAS, recent complex federal legislation has been enacted regarding this subject; and WHEREAS, telecommunications is a rapidly developing and emerging technology which promises to challenge the City's resources in the near future with numerous applications for the new construction of towers, antenna sites, and collocation throughout the City; and WHEREAS, the City of Ocoee reasonably believes that it can complete the evaluation and drafting of regulations governing this issue within the additional sixty (60) day period; and WHEREAS, the City Commission of the City of Ocoee deems it necessary and advisable to extend the moratorium during this period of time on the acceptance of applications and the issuance of approvals for the new construction of towers, antenna sites, and collocation, in the best interests of the public health, safety, and welfare; NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: Section 1. MORATORIUM EXTENDED. The City Commission does hereby extend the moratorium for an additional period of sixty (60) days on the acceptance of applications and the issuance of approvals, including, but not limited to, zoning applications and building permits, for the new construction of towers, antenna sites, and collocation. Section 2. FINDINGS. The City Commission does hereby expressly find that the review, analysis, drafting, and implementation'of regulations governing the new construction of towers, antenna sites, and collocation in the City is a matter of great importance to the public health, safety, and welfare of the citizens of the City of Ocoee, and that an additional sixty (60) days is a reasonable period of time in which to address this issue. Section 3. EXEMPTIONS. The moratorium imposed herein does not apply to governmental emergency services.. Section 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage. PASSED AND ADOPTED this day of 1997. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED FEBRUARY 6, 1997 ADVERTISED SECOND TIME ON FEBRUARY 23, 1997 READ FIRST TIME FEBRUARY 18, 1997 READ SECOND TIME AND ADOPTED Under Agenda Item No. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of 1997. FOWLER, BARICE, AND FEENEY By: City Attorney .1 $ • • 1-'4 The Orlando Sentinel,Thursday,February 6,1997 oRt • • FRANZEN BROS. CIRCUS BACK BY POPULAR DEMAND:' . ,. . Strategy session focuses ` - Stacia H.Goldey,M.D.:Louis C.Blumenfeld,M.D. I • • DOWNTOWN from 1-1 mAnother otwdrttewn or1a NOTICE OF A MORATORIUM:RELATING:TO • TOWER ferings—shops, rests -AND ANTENNA SITES.IN OCOEE, FLORIDA • Orlando is competing with Walt scums and the like_ • Disney World, Universal Studios mote them together. " and other major attractions,many Bob Windham a memh NU7TCE HEREBY GIVEN,pursuant to Chapten166.041,Florida Statutes,that • of whom are marketing their own Downtown Developmen the City of Ocoee proposes to adopt the tollowingordinance._.,: ;'. • , "downtown"themes. said he wanted to see , " AN.ORDINANCE OF-1'HE CITY OF OCOEE;.FLORIDA, - RELAWalt Disney World,for example, routes from Interstate 4 • EXTENDING A MORATORIUM FOR SIXTY DAYS ON0--:'-.TOWEFtS AND 'ANTENNAIT E • last fall announced:plans to town. . ACCEPTANCE OF APPLICATIONS AND THE ISSUANCE OF • change the name of its Disney Vil- "A route brings worke APPROVALS FOR THE NEW'CONSTRUCTION OF SAME loge shopping and entertainment- ton now,but we need s IN THE CITY; MAKING CERTAIN. FINDINGS; PROVIDING AN EFFECTIVE DATE. :.:.;-••,; area to Downtown Disney. • • - . related to tourists," he y.:�::_';:: ;, :G. • • The name covers the Disneyptj_- should consider parka. The proposed ordinance concernsa 60 day'extension:of-a moratorium during town with activities at . -which time the City of Ocoee would not accept-applications nor issue approvals - lage Marketplace, Pleasure Island for new construction or the location of towers or antenna sites within the Ocoee and a new area to be called Dis- -ven Park and. some of City Limits.The additional.60 day moratorium period would enable the City to ney's West Side, where the corn- tiques shops." - ' hold workshops and complete its studyof the Issues related to towers and anten- pany plans to build restaurants,' He said the newly re na sites within the Ocoee City Limits efer to location map below). • nightclubs and a theater for Cir_ Orlando Science Center que de Soleil, a Montreal-based an ideal site to include ' - .I • circus show. package. ° ' Orange County Corn ( 1 Celebration,Disney's new 4,900- A !a" acre residential-commercialpro- �' Johnson took the i - ,[� s step further, suggesting t' jest in Osceola County, is heavily old courthouse, soon to , • promoting its own downtown, vented into the county's. which has restaurants and shops. - 'museum,be included on i 1, ! • r To compete, Hood suggested -along with the long.talk:. : .y ,, L designating downtown Orlando as Wellsbilt African-Americ• ' > ! ° r an arts and entertainment district. um,which some had ho.-• ' 1 ?' . "Sometimes, merely mention- open later this year. ' O Ww I b ing it will affect perception," she "The county will work i —may - O ' i :B said. city in any way we can,"sh.' i •a ;1 'U Mayor: More than downt• _ �_� �� ti = :iii sill 1� Ti a PARKING from I-1 Mayor Gary Brewer said • . troduced the alternative . 1 ; j. _ g ment to give residents a ch • - ,— developed unless consent were how they want their gove; ' unanimous. The citizen initiative to operate. u 7 ` — J- a y� required about 1,400 voter signs- • ,P. tunes in order to get the referen- `This is not about paid ,OICOA z,�l.`— �' ,� .� ' dum on the ballot anymore. This is about h o.. § ` i • One of the paid-parking oppo- runt and operate our gov• • - �L �� nents, real estate broker Pitt Brewer said. - c Warner, said he isn't upset about "I think it's inappropriat: s cir. e= OcCF_ the alternative charter amend- quire a unanimous vote on " ment gle issue like this ... it — . • tz", • "It will just get more people-- democratic,and it truly giv: ' '' - - biking about the issue,and that's trol to the minority,"he sal. The Ocoee City Commission will hold-a public hearing concerning the proposed • • -what we want,"he said. Don Sexton, a downto Ordinance at the first of two readings-on February 18,1997 and at the second of two readings on March 4,1997 at 7:30 p.m.,or as soon thereafter as practical,at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida.The City Commission may continue the public hearing to other dates and • times as they deem necessary.Any interested party shall be advised that the - dates,times,and places of any continuation of this or continued public hearings shall be announced during the hearing and that no further notices regarding these matters will be published. Liberator&Privateer(PB4Y)All Annette Lefkowitz,2120 N.34t A copy of the proposed Ordinance may be inspected by the public at the Ocoee Squadron,seventh annual reunion Hollywood,Fl.,33021. Planning Department, 150 North Lakeshore Drive,Ocoee,Florida, between the • will be in 1997.Contact:Ronald R. Marion Harding High School, hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays. • Sathre,(510)487-7249 or(408)492 Marion,Ohlo,10th annual reur Interested parties may appear at the public hearing and be heard with respect to the2538. will be in Lake County Feb.20"respectptosanedy matter consice. dered at the publierson cthearrio ng mal ay need a record of the Fourth infantry Division Association, Contact:Donald Mathias,(352)�proceeding and for this purpose will need to ensure that a verbatim record of the annual reunion will be in 1997. 3288. •• -. proceedings is made which includes the testimony and evidence upon which the • Contact:RogerBarton, 3 9 845- - The 392nd Bomb Group,World appeal is based.Persons with disabilities needing assistance to participate in any g ( ) of the proceedings should contact the City Clerk's Office 48 hours in advance of 4168 or(301) Air Farce reunion will be Feb.2 the meeting at(407)656 2322. ~: 845 0045 _.. • Orlando.Contact:Teddy Egan, - Lafayette High School,Brooklyn,, 644 543g Jean Grafton,City Clerk . r Thursday Feb.6,.1997 and Sunday,Feb.23,1997 N• .Y.,reunion Saturday.Contact: .1 . Iwo Jima Veterans reunion will.!City of Ocoee .._..., _ i