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Home My WebLink AboutItem #08 Orange County Site Plan for Special Exception .' .' AGENDA ITEM STAFF REPORT Meeting Date: April 1, 2008 Contact Name: Contact Number: Item # Antonio Fabre, AIC& 407 -905-3100/1 019 ~ Reviewed By: Department Director: City Manager: -f~___ Subject: Orange County Site Plan for Special Exception The Ocoee Telecommunication Tower Facility Case #: 2-08-SE-014 Commission District # 3 - Rusty Johnson ISSUE: Should the Honorable Mayor and City Commissioners approve the Site Plan for Special Exception to permit construction of a telecommunication facility utilizing a lattice tower located in Area Three of the (Map 5-19) Telecommunications Service Facilities Location Map? BACKGROUND SUMMARY: The subject site is approximately 7.64 acres in size and is located on the south side of (475) West Story Road. The actual lattice tower will occupy a small portion (75 feet by 75 feet) of the site located on the southwest corner. The property itself is currently the location of the Orange County Services Building and accessory uses. Orange County Public Safety Communications has proposed a telecommunications facility utilizing a 280 feet high lattice tower. The Future Land Use classification for this entire property is "Public Facilities/Institutional"; current Zoning classification is General Commercial (C-3). The property is also located in Area Three as designated on the (Map 5-19) Telecommunications Service Facility Location Map. The proposed use of a Telecommunications Service Facility utilizing a lattice tower requires the applicant (Orange County BCC) to submit a Special Exception application with corresponding Site Plan. The proposed Special Exception location under Section 5-19 is consistent with the Future Land Use Element of the Ocoee Comprehensive Plan. The current zoning classifications and actual uses of parcels surrounding the subject property: Direction Zoning Classification Actual Use North I-I One-story commercial establishments with a mixture of uses (restaurants, personal services. mini-storage warehousing, etc.) East C-3 Manhein Auto Auction South C-3 Manhein Auto Auction West C-3 Manhein Auto Auction DISCUSSION: The City of Ocoee has determined that the use of conventional zoning classifications are inappropriate for the permitting of telecommunications service facility locations. Accordingly, the City adopted Map 5-19 "Telecommunications Service Facilities Location Map," which is used for permitting the location and types of telecommunications service facilities within three areas (Areas One, Two, and Three). Area Three is the least restrictive of the designated telecommunications areas, which allows for lattice type antennas with a maximum heiQht of 200 feet. The Applicant is requesting a Waiver from this height restriction (bv 80 feet) due to the technical feasibility of the proposed radio 911 emergency response systems. Therefore, the Applicant justification for the height waiver is strictly based on public safety for the local citizens of this area. . Special Exceptions are defined in Subsection 2-4.C (282) of the City of Ocoee Land Development Code as: A special exception is a use that would not be appropriate without restrictions throughout the zoning division or district. However, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare, such uses would be appropriate. In accordance with Section 4-8 and 5-19 of the Ocoee LDC, staff must also consider the proposed use in relation to the compatibility with'surrounding land uses. Additionally, Staff must also evaluate and consider the new telecommunications service facilities in order to promote, protect, and improve the public health, safety, general welfare, and aesthetics of the community by addressing their significant aesthetic and safety impacts. Staff conducted an analysis to ensure land use compatibility, appearance and visual impact of the proposed telecommunications service facility. A map was provided by the Applicant that depicted the pattern of adjacent land uses and the roadway network within a 660 feet radius of the proposed location. The depicted area shows a mixture of light industrial, warehousing, and commercial uses. Before and after pictures were also submitted to depict its visual appearance. The pictures contained color photo- simulations of the proposed facility. The proposed site plan shows the required landscape buffers, landscaping and setbacks requirements. The fencing surrounding the facility will be 6 feet high decorative metal painted black to properly screen the telecommunications equipment. The Applicant is also requesting the ability for the tower to co-locate other private cell providers. These private cell providers will be limited to the 200 feet height constraint of the Area Three district. The tower will be limited to a total of 24 antennas per Code. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: On February 28, 2008, the Development Review Committee reviewed the "Orange County Site Plan for Special Exception for Ocoee Telecommunication Tower Facility" date stamped February 26, 2008. There were several technical issues to be addressed from the Planning Division that were identified in written staff comments and presented verbally. All of the issues were discussed and a few minor changes to the Plan were agreed upon. It was further emphasized to the Applicant that Area Three allows for a maximum height of 200 feet for lattice towers. Therefore, this tower would require a waiver from the Land Development Code for its proposed height of 280 feet. The Police Department agreed to speak to the Commissioners during the formal meetings on the 911 public safety aspect of this tower. Charles Smith, Utilities Director asked about being able to use the tower and the building for his new meter reading system. The Applicant was receptive to this request; however, additional technical information would be required to see if it is even feasible and an agreement between the applicant and the City of Ocoee Utility Department will be needed to handle any potential issues that may arise in the future. During the DRC meeting, the Applicant also asked for additional waivers from the Code; specifically, deleting the decorative fence and landscaping around the tower. The Applicant stated that no one will see the area and there is already a chain link fence installed. Discussion ensued about alternate methods of screening such as screening the current fence with vines. Nevertheless, due to the public hearings already scheduled for this project, staff does not have the time to evaluate another Site Plan with an alternative screening proposal. Staff has agreed that the Applicant should forward this waiver request to the Commissioners for their formal consideration and motion. When the discussion was finished, the DRC voted unanimously to recommend approval of the Special Exception Site Plan date stamped February 26, 2008, subject to approving the height Waiver request, the developer making changes discussed at the DRC meeting and specified in the staff review memorandum. A revised Preliminary Site Plan (date stamped March 5, 2008) incorporates all of the requested Site Plan changes. PLANNING & ZONING COMMISSION RECOMMENDA liON: The Planning and Zoning Commission reviewed the proposed "Orange County Site Plan for Special Exception for the Ocoee Telecommunication Tower Facility" on March 11, 2008. City Staff presented a brief overview of the Site Plan. City Staff and the Applicant answered several questions regarding screening, height requirements, and sight distance. All of these questions were addressed adequately in the P&Z meeting. The Public Hearing was opened for the Special Exception for the Ocoee Telecommunication Tower Facility. There was no one from the public to speak regarding this project. The Applicant requested additional waivers from the Code; specifically, deleting the decorative fence and landscaping around the tower. The Applicant stated that no one will see the area and there is already a chain link fence installed. Additionally, there is an existing vegetative screening on the south and west sides. The P&Z Commission supported these waivers from the Land Development Code. After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend approval of the "Orange County Site Plan for Special Exception for the Ocoee Telecommunication Tower Facility" date stamped March 5, 2008. STAFF RECOMMENDATION: Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the Mayor and City Commissioners approve the Orange County Special Exception for the Ocoee Telecommunications Service Facility utilizing a lattice tower located in Area Three of the (Map 5-19) Telecommunications Service Facilities Location Map, subject to approving the height Waiver request, deleting the decorative fence and landscaping around the perimeter of the fence. Attachments: Location Map Land Use Map Zoning Map Map 5-19 "Telecommunications Service Facilities Location Map" Aerial Letter from Orange County Police Chiefs' Association dated February 28,2008 "Orange County's Site Plan for Special Exception for Ocoee Telecommunication Tower Facility" date stamped March 5, 2008. .' Financial Impact: None. Type of Item: x (please mark with an "x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction x For Clerk's Deot Use: Consent Agenda Public Hearing _ Regular Agenda Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A X N/A N/A ORANGE COUNTY POLICE CHIEFS' ASSOCIATION \0)1 IE t IE U IE In\ IIffi MAR 1 8 2008' \1JJ February 28, 2008 City ofOcoee 150 N. Lakeshore Drive Ocoee, Florida 34761 CITY OF OCOEE ATTENTION: Mayor S. Scott Vandergrift Commissioner Scott Anderson Commissioner Gary Hood Commissioner Rusty Johnson Commissioner Joel Keller Dear Honorable Mayor and Board of City Commissioners, The Orange County Police Chiefs' Association is comprised of the police chiefs of every Police Department in Orange County. As a group, part of our mission is to serve as advocates on behalf of those Police Departments. We have been informed that Orange County Government intends to erect a radio tower on the grounds of the Orange County Services Building, located at 475 West Story Road in Ocoee. We agree that this tower is an essential infrastructure improvement, necessary for Police and Fire communications that are currently less than adequate in the West Orange area. This tower is critical to the safety of Law Enforcement, Fire and other Public Safety personnel, as well as the citizens in the area. Thank you for your consideration in this matter. Sincerely, /,:)~~ Gary T. Calhoun, President Orange County Police Chiefs' Association GTC:les Cc: Rob Frank, City Manager Ron Reffett, Ocoee Chief of Police , .- Russ Wagner, Community Development Director . . . L ~ Copy of Public Hearing Advertisement Date Published Dr ldl^M SeJI\1; r'\e \ Na rrJ, 20 /2ro~1 Advertisement Apftlico.t: Oro.p. Cou.%,Ublic ~:s:t~;:~;u~.~~~l_'M4 Ivision NonCE IS HEREBY GIVEN, pllr- suanllo Seclion 4-8 and Sec- lion 5-19, Ocoee land Devel- opment Code, Ir,ot on TUES- DAY, APRIL I. 2006, 01 715p.m" o' ! 05500n therearter os Bractj- ~?JN Wi11 ~;~aE 0 c~rrB8c ~rl~: ING 01 Ihe Ocoee Cily Com- mission Chambers, 150 Norlh lakeshore Drive, Ocoee, Florida, to consider Ihe application lor a Special Exceplion and Site Plan tor a loll ice lelecommunication tacilily localed 01 475 W Slory Road. ' I nleresled parties may ap- pear 01 Ihe public hearing and be heard wilh res peel 10 Ihe proposed actions. ~1~~i~g"ciP~~~P~~t":I~~~1 J~: scriplion by meles and bounds. may be inspected 01 the Ocoee Communily Development Deparlmenl, 150 Narlh Lakeshare Drive. Ocaee, Florida, belween Ihe hours at 8:00 a.m. and 5:00 ~a~;' e~~~1al~g~~r~~ft~a~~~- The Cily Commission may continue Ihe public hearings 10 ather dales and times, as il deems necessary. Any in- leresled parly shall be ad- vised thaI Ihe dotes, times, and places at any continua- tion at Ihese or canlinued public hearings shall be an- nounced during Ihe hear- ings and Ihat no turther no- lices regarding .these-mal. ters will be published. You are advised Ihal any persan who desires to appeal any decision made during the public hearings will need a record at Ihe proceedings and tor Ihis purpose may need 10 ensure Ihal a verba. lim record at Ihe proceed. ings is mode which includes Ihe lestimony and evidence upon which Ihe appeal is based. Persons wilh disabil' ilies needing ass isla nee 10 parlicipole in any at ~he proceedings should conlacl Ihe CilY Clerk's Office 48 hours in advance at Ihe meeling 01 (407) 905.3105. Belh Eikenberry, Cily Clerk .OLS663249 3I2011l8