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HomeMy WebLinkAboutItem #09 Orange County Ocoee Telecommunication Tower - Special Exception . AGENDA ITEM STAFF REPORT Contact Name: Contact Number: Item # Antonio Fabre, AIC& 407 -905-3100/1019 Meeting Date: April 1, 2008 q Reviewed By: Department Director: City Manager: 1 A. 4- Subject: Orange CountySite Plan for Special Exception The Ocoee Telec.ommunication Tower Facility Case #: 2-08-S'E-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 Facilitiesllnstitutional"; 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 LIse 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 Zonin!! Classification Actual Use North 1-1 One-story commercial establishments with a mixture of uses (restaurants, personal services. mini-storal!e warehousinl!. 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 ag.reed 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 an9 the City of Ocoee Utility Department wiU 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 RECOMMENDATION: 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 For Clerk's Deot Use: Consent Agenda Public Hearing _ Regular Agenda x 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 . . \ . . :: --" ::.c:::::t:-. .--.., .- :<..- " .-. .",.. 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' '" - .. :, ~~ r ~f: ,..~ ~~."Li~~' , l ; .:J:" f ,r .' r;1i ~:;j ." .~.~H. F lOll I n ,\ . . ADl\lIl\'ISTRi\TIVE SERVICES DEPART1.\'IENT CA.PITAL PRO.JECTS DIVISION 400 E, S,:>l1lh Street. 5th Floor. Orlando, FL 32801 407 -886-0050 . Fax 4(l7 -8-36-0051 Ww\\',Oral1~cC(ll1l1tyFL.lIct March 19, 2008 Mr. J. Antonio Fabre, AICP City of Ocoee 150 Lakeshore Drive Ocoee,FL 34761 RE: OCOEE RADIO TOWER Dear Antonio, Thank you for assisting us to get through the process these past few weeks with regard to the subject matter. You and all your staff have been very helpful and professional in your dealings with the County and our Contractor. The County is requesting that the Planning and Zoning (P&Z) recommendation go before the City Commission on April 15, 2008, in lieu of April 1, 2008. If this does not conform to your procedures, please let me know. We continue to work on modifying the drawings to reflect the recommendation made at the meeting last week by the P&Z and I hope to have them to you by early next week. If you have any questions or need any further information, please do not hesitate to contact me directly at 407-836-0032. Sincerely WPJ# William M. Hicks Sr. Project Manager WMH/mau Cc: File P-10 . . . Copy of Public Hearing Advertisement Date Published Or lal^-clD &"Vl.f1 "Yle, \ M.a rc\A 2-0) 1., (:08' Advertisement em OF OCOa: ,- NOTICE OF PUBUC HEARING $HOPPES '" WEST DAIS PREUMINARY/f\NAl sm PLAN PROJECT NO, LS-2lID!-G13 . NOTICE IS HEREBY GIV. ~~ctr~~s~~~~ It';Am:le(6~: Ocoee Land Development Co}.!!!.. that an TUESDAY, APRIL lh~af~e~~~rl.. ori~~I.s~~ OCOEE CITY CD ON will hold 'a PUBUC at the Ocoee Cltv ommission Chambers. ISO, North Lake- I ~~~rt~ ~~~~rd~?~~e~h~~~~ at West Oaks' Prellmlnarv! I Final Site Plan located on the south _side of W. Colo. niai Drive (SR SOl approxi. a'~\ro~~~ k'i:,~ fnr::~~ lion. Interested parties mav aP- pear at the,public hearing and be heard with respect to ihe proposed acllons. The complele case fllel in. eluding a complete lega de. scription bv metes and bounds, mav be inspected at the Ocaee Communltv Development _ Department. 150 North Lakeshore .Drive. Ocoee. Florida. between the hours of 8:00 a.m. and 5:00 I ~a~;' e~~~~a,~gllr~~r'~a~~~' I,,' " The Cltv Commission ..mav continue the public hearings to other dates and times. as It deems necessarv. Anv in. terested partv shall be ad. vised that' the dates, times. and places of anv continua. tion' of these or continued ~~~I~~:J"J~~~~i~~~ btfe~~: ings and that na further no. \~~;S ~~r~edi~~blti~fi~a. '1d~ are advised that anv person who 'desires to appeal anv decision made during the publiC hearings will need a record of the proceedings and for this purpose mav need ta ensure that a verba. tim record of the proceed. ings Is made which includes the tesllmonv and evidence upon which the appeal is based. Persons with dlsabil. ities needing assistance to participate in anv of the proceedln~S should contact ~~eu:=sltrn ~a~k~~c~f~fet~~ meellng at (407) 905-3105. Beth Eikenberrv.' City Clerk OLS663231 3120108 J