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HomeMy WebLinkAbout04-30-1997 MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD WEDNESDAY, APRIL 30, 1997 CALL TO ORDER The meeting was called to order by Chairman Switzer at 7:30 p.m. followed by a moment of silent meditation and the pledge of allegiance. A quorum was declared present. PRESENT: Chairman Harold Switzer, Vice Chairman Bond, Members Hopkins, Jones, Landefeld and Rhodus, and Alternate Members McKey and Williams. Also present were Planning Director Wagner, Senior Planner Horne, Site Plans Examiner Lewis, Special Counsel Barice, and Deputy City Clerk Green. ABSENT: Member Miller. CONSENT AGENDA The consent agenda consisted of approval of items A and B: A. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, March 11, 1997. rr B. Minutes of the Planning and Zoning Commission Regular Meeting held Tuesday, April 8, 1997. Planning Director Wagner pointed out that there had been a slight typographical error in the minutes of March 11 which had been approved on April 8. Member Landefeld seconded b Member Ho I kips moved to a . . rove the consent a. enda as presented. Motion carried 6 -0. Member Miller was absent. NEW BUSINESS Clerk's Note: This item was continued from the April 23, 1997 scheduled meeting due to lack of a quorum. LAND DEVELOPMENT CODE AMENDMENT, ORDINANCE No. 97 -12 - PUBLIC HEARING NEW SECTION 5 -19, TELECOMMUNICATIONS SERVICE FACILITIES Chairman Switzer announced that the Planning and Zoning Commission would be acting as the Local Planning Agency for the public hearing on the proposed Land Development Code Amendment. Planning Director Wagner commended Senior Planner Horne, Special Counsel Barice, and the City's technical consultant for their work on the proposed amendment. Planning and Zoning Commission Regular Meeting .. April 30, 1997 Mr. Wagner stated for the record that Planning and Zoning Commission was acting on this matter in response to a moratorium that the City had placed on all telecommunications towers some months ago. Having received inquiries about cellular towers/ communication towers and observed what was happening in the surrounding area, staff had requested Commission to institute a moratorium to allow time to prepare an ordinance that would be tailored to the needs of Ocoee. He said there would be two additional public hearings on May 6 and May 20 before City Commission. Mr. Wagner said the ordinance was really all about aesthetics. He said the facilities were here to stay and that the desire was to accommodate them in a way that minimized the visual obtrusiveness of the facilities within the community. He said the ordinance was unique in that it delineated a "three area approach" rather than basing locations of the facilities on zoning districts as was typical. He explained that the highest and most visually obtrusive facilities would be restricted to areas that were mostly industrial and commercial. Mr. Wagner said the ordinance provided a dual approval process. He explained that some types of facilities could be approved administratively by staff within the parameters set by the ordinance via the Site Plan review process, and that larger or more innovative facilities, those which would have a strong visual impact on the community, would be permitted through the Noftw Special Exception review process. He said he believed the ordinance provided flexibility and encouraged innovation. Senior Planner Horne presented the staff report. She pointed out the heights of various towers in the community to help members envision the structures described in her report. She explained that, upon the advice of the City's technical consultant, the term "Telecommunication Service Facilities" had been selected rather than the more commonly used "communication towers" in order to indicate the City's expectation to include a whole range of possible types of structures rather than conventional tower facilities. Mrs. Horne guided members through an overview of the body of the ordinance and its exhibits, pointing out new definitions of terms (pages 3 to 7), the new Section 5 -19 entitled "Telecommunications Service Facilities" (pages 7 to 23), various "housekeeping" changes (pages 23 - 24) as set forth in Exhibits "B" through "J." She said it was important to note on page 6 of the revised Table 5 -1 (Exhibit "J ") the addition of the new line referencing Telecommunications Service Facilities because the City would not be governing those facilities based on conventional zoning districts, as Mr. Wagner had pointed out earlier in the meeting. Mrs. Horne directed attention to the ordinance's purpose and intent (page 7), applicability (ham radio operators are exempt) (page 8), general applications (including prohibited %.. 2 Planning and Zoning Commission Regular Meeting April 30, 1997 Telecommunications Service Facilities) (pages 8 & 9), and the bulk of the ordinance (beginning with page 10). Mrs. Horne displayed Map 5 -19, Telecommunications Service Facilities Location Map" (Exhibit "A" to the Ordinance and Attachment "A to Minutes). She pointed out the three areas depicted (Areas One, Two and Three) and explained the types of facilities which may be permitted in each area. She displayed pictures and /or described in detail the different types of facilities. She explained the facilities permitted in Area One are: Camouflaged (such as faux trees, clock tower, light standard) Building- Mounted (facade mounted or behind parapet wall) Accessory (might be guyed tower or monopole, to allow a business to operate its own equipment and have radio contact with its employees) Innovative (a group of faux trees along a roadway, clustering of traffic control devices at congested intersection) She said the facilities permitted in Area Two are: Guyed Towers Monopoles Facilities permitted in Area One (at different heights) She explained facilities permitted in Area Three include: Lattice Towers (up to 200 feet) Facilities permitted in Areas One and Two (at differing heights) She explained that co- location would allow multiple antennas on one structure, up to a maximum of 20 antennas. She said co- location would primarily occur on monopoles, guyed towers and lattice towers, but could also occur on camouflage facilities. She said the more unsightly antennas would be clustered in Area Three. She said typical, conventional co- location would be restricted by Special Exception and would be located in Area Two or Three. Mr. Wagner pointed out that the proposed facilities are in the first wave of telecommunication service facilities. As technology expands there will be two more waves of types of facilities out in the community eventually. He said the industry needs to space the structures around the community. He said they are now able to operate from remote locations due to the height of the structures, but in the future they will require increasing numbers of locations at shorter heights. Recess: 8:15 - 8:22 p.m. Chairman Switzer opened the public hearing. ,,, 3 Planning and Zoning Commission Regular Meeting April 30, 1997 Sow Mr. George Cohen, representing American Portable Telecomm, 3700 Southland Blvd. , Orlando stated a concern about the limitation on the maximum number of antennas that may be co- located on one structure in the proposed ordinance. He said that 20 antennas per structure would be insufficient to allow two "incumbent" providers to co- locate on one structure and suggested allowing 24 antennas per structure. He supported offering the incentives that staff had recommended and encouraging co- location. In response to a question from Chairman Switzer, Mr. Cohen said, as technology marched forward, he foresaw smaller structures and, eventually, wireless service from an antenna on the cable line or electrical line in the back of neighborhoods. As no others wished to speak, the public hearing was closed. Chairman Switzer said the height restriction of 125 feet stated in paragraph 5 -19(E) posed a conflict with the height restriction of 75 feet in subparagraph 5- 19(E)(1)(a). He recommended that staff revisit that portion before the next public hearing. Staff noted that there were similar conflicts in subsections 5 -19(F) and (G). Ms. Barice said his point was well taken and it might be appropriate to eliminate that conflict. Vice Chairman Bond said large antenna usage had been restricted to industrial zoning districts in the past, citing the example of the WGGO tower on Marshall Farms Road which had been constructed in 1989. Mr. Wagner said the current zoning ordinance does not speak to towers. He said under the current code the radio station building would be permitted in C -3 or I -1, and the tower would be limited to 50 feet. Mrs. Horne said that some of the towers in the City are located in C -3 zoning. Member Rhodus asked how many applications would be expected. Mrs. Horne said the City's consultant projected 57 to 87 sites or antennas over the next ten years. Member Rhodus also suggested readdressing the limitation to 20 antennas to consider an increase to 24 per structure. Mr. Wagner said staff would check into it with Mr. Ted Kreines, the City's consultant. Member Rhodus asked if the need was determined by capacity rather than by area. Mrs. Horne said there is capacity per antenna, that each antenna could handle about 50 calls. As the caller travels, each call is traded off from one antenna site to the next. The more people who ,,, 4 Planning and Zoning Commission Regular Meeting April 30, 1997 use it, the more crowded and smaller the cell sites become. Mr. Cohen said that cellular capacity was an issue only for the two incumbent cellular carriers, AT & T and BellSouth. Member Jones left the table at 8:50 and returned at 8:55 p. m. Member Hopkins referred to page 2 of the staff report, ... these proposed changes involve a somewhat different approach than that being adopted by most other Florida municipalities, but our consultants feel that is valid and defensible." She asked if a lot of litigation was expected. Ms. Barice responded that the City's approach is highly defensible and provides a lot of opportunities for the providers to locate within the City, given certain design and performance criteria. She said there are instances where municipalities will allow the construction of these structures only in certain zoning categories and that ends up being a lot less defensible when the companies cannot provide the service that they need to provide. Mr. Wagner said the exciting part about this ordinance is the innovative aspect. Member Landefeld seconded by Member Jones. moved to recommend a. sroval of the Land Develo .ment Code amendments as .ro ,osed in Ordinance No. 97 -12 includin. Ma 5 -19 as recommended b Staff with revisions to address conflicts in hei. ht restriction found on ' a. a 10 and revisiting the number of antennas permitted on co- located structures. Motion carried 6 -0. Member Miller was absent. Chairman Switzer complimented staff on a remarkable job on a very difficult issue. Ms. Barice complimented the Board for attending the Planning Council meeting on telecommunications facilities. Old BUSINESS - None. OTHER BUSINESS - None. COMMENTS - None. 5 Planning and Zoning Commission Regular Meeting April 30, 1997 Saw ADJOURNMENT The meeting was adjourned at 9:00 p.m. �% n .2.4 n .u-- a.K i , /d/ Marian Green, Deputy City Clerk ' .rold Switzer, Ch :l1man Nifty 6 FIIMIMMINIMMIIIIIIMINI PCtURMICICIZD I . o , 'if or 111111111111 . ! - IAKE i APOPKA 1 1111111110110111XIMINIIII 44 111110' ' • / MIIIIIIIIIIIMIIMUIIII I ff=1::IMMIIIIII i l rat. m......1■111.111.1.1111.1.1.6111M3UNNItuidai 4 ----- i ft:IMEMEMIgiiiiiiiini Ams ' / 04, 16.111101•11111W■11 AMIE 1 ib011111111119111111 elm . mintiNgiv z ••7/ ' ....... _ _ ••••••11111111111•• MINIIIIINMPLI V. i -.::.. •. 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