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V (A) Second Reading of Ordinance No. 97-08, relating to a Moratorium on Towers and Antenna Sites AGENDA 3-4-97 Item V A "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Ordinance #97-08 Ocoee �.,11 VMINL)CLLI,AIFI / a \O COMMISSIONERS Ai CITY OF OCOEE RUSTY JOHNSON 4� a SCOTl ANDERSON vO SCOIT A.GLASS 60y, 150 N.LAKESHORE DRIVE P OCOEE,FLORIDA 34761-2258 JIM CLEASON f�jf (4E7]656-2322 CITY MANAGER Of G000 ELLIS SHAPIRO STAFF REPORT DATE: February 11, 1997 TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, Senior Planner Qom-- id j WVRuss Wagner, AICP, Director of Planning 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. OIL 4/t 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.W PD 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 an 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 SE 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 l-L [ha Otttaando Sentinel.Thusday.Fedtwy d 19911 par . • FRANZEN BROS.CIRCUS BACK BY POPULAR DEMAND! Slade Coldest M. Lour d,M.D.Strategysession focuses. f I a is to DOWNTOWN from I-1 many of dowAnother ntown Od NOTICEOFA MORATORIUM'RELATING TO TOWER (ClinOrlando is competing with Walt seumss and the like- ANO MOM OI I{d_y8 Ryy� �HWA Disney World, Universal Studios mote them together. and other major attractions.many Bob Wmdharn,a them.I ' ay t HEREBY©VFJI.pursuant to Chapter 166.041.Florida Statutes,that of whom are marketing their awn Downtown Developmen' Ne Ccityofr 0[oeepmposes to•adopt Ne lollawing ardN.mcc "downtown"themes seeAN ORDINANCE:OF THE CITY OF OCOEE. FLORIDA.('..• Walt Disney World,for example, routes Prom Interstate 4 RELATING TO TOWERS AND P1CCFENDING A MORATORIUM FOR SgTV DAYS ON TME ACCEPTANCE OF AFFIXATIONS AND THE ISSUANCE OF last fall announced plans to mwm. Yil- -A mute brings we APPROVALS FOR THE NEW CONSTRUCTION OF SAME change the name of its Disney loge shopping and entertainment towns:IOW,but we need -. IN THE COY: MAKING CERTAIN FINDINGS; PROVIDING area to Downtown Disney. related to AN EFFECDVE DATE .. name covers the Disney Aril- should consider .:. Th proposed ordinance concerns a o0day mention of a moratorium during • 1aHe Themarketplace,name cove the D wend town with activitleg it,• which time the City of Ocoee would not accept applications nor Issue approvals tar new conete tionadditional or the IOceayn of tower,or antenna sites within theOcoee and a new area to be called Dis- yen ark and some of Gry Waits.The additional 60 day moratorium period would enable the City to ney'9 West Side, where the corn- Ps" hold warbhops and complete its„may of the issue related to Cowen and amen- Pant plans to build reatalrlantr,' He said the newly ea sites within the Ocoee City untie(refer to location map below). nightclubs and a theater for CSr- °der Scizvte Center. que de Soleil, a Montreal-based an ideal site m Include'. V P circus show. Package 1!�//' Celebntlp Orange County Coro .:, D acre rnsidea��s new 4y00- )wry Joh¢wn took the i �1 o� l Pro- step Rrrttier suggestingjeer in Osceola County u heavily old courthouse, soon to promoting its own downtown, vetted into the countys i I which has attrtausntr and shops. museum.be included on ( • l to I To compete, Hood suggested alonglong �` \ I H8 with the talk, designating downtown Orlando as Wellsbilt Alo®n-Amen • �_ n-,-�- i an arts and entertainment district um,which some had ho. ! r ' " ' t m"Sometimes, merely mention- open later this year. [ ��✓_ 1e—; ing it will affect perception,' she "The county will work - c. city in any way we can,"sh Mayor: More than downt• _ � �, 7.4 PARKING from I-1 traduced er Gary Brewer men[m give Teirs a ch i I_ � 3 N� developed unless consent were how they war[nt their gave, ... unanimous The citizen initiative to operate. L✓L - requied about I,900 voter signa- tures at order to get the referen. This is not about paid . '1'� •�`—^'r^ dum on the ballot. anymore. This is about Io• l v\ ;�F One of the paid-parking oppo- am and operate our go >� ,, ^..,� vents, real estate broker Pitt Brewer sad _ '-‘,AN, � Waver, said he isn't upset about "I think it's inappmpria ; — - - -' the alternative charter amend- quire a unanimous vote on B meat gle issue like this ... it It will just get more people demoeratie,and it truly :.: •-•- - LZ • wha -bIkini gtva yamt.thhee ssueid. and that's trot to the minority,'he sal. The Ocoee City Commission will bold a public hearing concerning the proposed Don Sexton, a down .• Ordinance at the lint of two readingga February IS 1997 and at the second of two reaalngs on March 4.1997 at T:30 p.m..or as soon thereafter as practical at the Ocoee City Commission Chambers. 150 North Lakeshore Dove. Ocoee. Florida The City Commission maycontinue the public hearing to other dates and times as they deem necessary.Any Interested party shall be advised that the date.times and places of any continuation W this or continued public heanngs shall be announced during the hearing and that no further notices regarding these mutters will be published. a:maw•Privateer gamy)Ag Annette Iellomiz 2120 N. A copy of the proposed Ordinance may be inspected by the public at the Ocoee Squadron.seventh minter reunion Fbl�-nppy R.yypt_ Planning Department. ISO North Lakeshore Drive, Ocoee.Honda. between the ws6 be in 199y. contact Rime R. Masio l Harding High&nook hoursof 8:00 am.and 5:00 p.m..Monday through Friday except legal holidays. Save.(510) contact ofis06)492. Gorton,Ohio, lath„vary mud interested parties may appear at the public hearing and be heard with respect to sed Ordinance.Any Fourth I e vnth 2538. eel ��ty Feo.2f}'y�pectto any matter considered persont the public heto aring may need a recpeal any decision ord of the • twiny Division Maoteagare Corn. Mathias. I proceeding and for this purpose will need to ensure that a verbatim record or the annual retinal well hem 1997. proceedings is made which includes the testimony and evidence upon which the an nal :Ra9W it be in The Sigrid aces Grwup.wand appeal Is hated Person with disabilities needing assistanceto participate W any 4168 a(301)8G$gpg5 Air Face reunion sad to Feb. .s of the Proceedinggss should contact the City Clerk's Office 48 hours in advance of Ar Fat. roman it to Feb. the meeting at(407)656=2. - Learn Mg1t Seimdl,Broadyrt, 69a5a39iblY Jean Gnhon.City Cleft -Thursday.Feb.6.1997 and Sunday.Feb.21.1997 PLY., w*cn Saturday.Contact Iwo Jima Veterans reunion will.;City of Ocoee bunco r