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Special Exception Florida Tower
Attachments:
Attachment NameAttachment SizeAttachment Date
Size: 634K
Last Updated: 2015/3/18
Size: 657K
Last Updated: 2015/5/5
Size: 1.3M
Last Updated: 2015/5/5
Size: 100K
Last Updated: 2015/3/19
Size: 284K
Last Updated: 2014/11/19
Size: 2.6M
Last Updated: 2015/3/17
Size: 239K
Last Updated: 2015/5/19
City of DeBary SealCity Council Meeting
City of DeBary
AGENDA ITEM





Subject: Special Exception #15-02-SE-FLATOWER
  
From: Matt Boerger, Planning Administrator
             
Meeting/Hearing Date:  July 1, 2015

Attachments:
(   )  Ordinance
(   )  Resolution
(   )  Other
(X)  Supporting Documents/Contracts


Summary/Highlights
The applicant, Florida Tower Partners, with the authorization of the property owner, United Methodist Church of Debary, is requesting a special exception approval for a property zoned A-2 (Rural Agricultural) to permit a 180’ tall Flush Mounted Monopole and Related Facility with a waiver request from the required 1,000’ residential setback requirement to a 504’ setback. The proposed tower compound will compose of approximately 5,850 square feet (Please see Exhibit A, Site Plan). The subject site is located at the southeast corner of West Highbanks Road and Ft. Florida Road on the United Methodist Church property, Parcel # 31-18-30-00-00-0012 and is approximately 18 acres in size. However, the applicant will be leasing a much smaller area on the east central portion of the property that encompasses the 5,850 square foot tower compound (See Exhibit A).

Request
Pursuant to Section 1-9, Land Development Code, special exceptions are certain uses or development situations that may involve consideration of special circumstances or factors to determine that they are appropriate to the specific location and property. In considering a request for a special exception, the Planning and Zoning Commission and City Council shall evaluate the request against the criteria put forth in Section 3-134(20), Special Exceptions, attached as Exhibit B and Section 1-9 (2) Criteria for Special Exceptions Exhibit C.

The subject property is zoned A-2 which permits communication towers exceeding 70’ in height by special exception. The applicant is requestion a special exception approval for the subject site to allow a 180’ tall flush mounted monopole and related facility with a waiver request from the required 1,000’ residential setback requirement to a 504’ setback. The proposed tower compound will compose of approximately 5,850 square feet. Section 1-134(20)(e)(5) of the City’s Land Development Code permits City Council to grant a residential setback waiver, of which the 1,000 feet separation requirement may be reduced to 500’. The applicant is requesting the tower to expand coverage and prevent gaps in coverage on the west side of the City (Please see Exhibit D, Coverage Map).

Surrounding uses, Zoning and Future Land Use


Direction
Zoning Designation
FLU Designation
Use
North
W. Highbanks Road/R-A Rural Agricultural
W. Highbanks/Agricultural/Rural
Collector Road/Low Density Residential
South
A-2 Rural Agricultural
Agricultural/Rural
Pasture Land/Agricultural
East
A-2 Rural Agricultural/R-1 Urban Single Family Residential
Agricultural/Rural /(RLD) Residential Low Density
Pasture Land/Agricultural/ Single Family Residential
West
Ft. Florida Road/A-2 Rural Agricultural
Ft. Florida Rd./Agricultural/Rural /(RLD) Residential Low Density
Collector Road/Single Family Residential

Background Discussion
Pursuant to Section 1-9(1)(b), the Planning and Zoning Commission and City Council in considering a request for a special exception shall evaluate the criteria for the specific use requested. The criteria for a communication tower are outlined in Section 3-134(20) Communication Towers of the Land Development Code.

There are no existing communication towers or structures that could accommodate the applicant’s needs as the nearest tower is over two miles away and co-locating on that tower would likely create weak coverage, or gaps in coverage, according to the applicant. It should be noted, that there is also a concurrent application submitted to the City and is now under review. This proposed tower is a similar 195’ tall monopole cell tower located near the banks of the St. Johns River, approximately 1,000 feet north of Riviera Bella and just under a mile west of the Florida Tower proposed location.  

Land Development Code
The applicant has demonstrated compliance with the special exception criteria (Chapter 3, Section 134(20)) with the exception of criteria #5 under (e), Setbacks and Separation, which states that “towers shall be separated from a single-family, two-family, multifamily, or mobile home dwelling by a distance of at least 1,000 feet. However, this separation requirement may be waived by the City Council, but in no case shall said separation distance be less than 500’.” The applicant is requesting a waiver of the 1,000’ residential dwelling setback as permitted under Sec 3-134(20)(e)(5) and is proposing a minimum residential setback of 504’. Please see Exhibit E with a survey delineating the nearest residential property at 504’.


Findings of Fact:
The Planning and Zoning Commission reviewed the Special Exception on May 27, 2015 and voted to recommend approval to City Council with the following two conditions: 1.) The applicant mitigate all trees located on-site that are to be removed as a result of the project; 2.) That an Environmental Impact Statement be provided as part of the project approval. Staff finds that the proposed Special Exception is in compliance with the Comprehensive Plan and Land Development Code.


Conditions of Approval
Should the City Council vote to approve the proposed special exception request, the following conditions of approval are recommended to be applied:
  • That no impacts to historical resources are created with supporting documents from the Florida Department of State, Division of Historical Resources providing a statement to this fact.
  • No exterior lighting shall intrude on the residential areas adjacent to the subject site.
  • The applicant mitigate all trees located on-site that are to be removed as a result of the project.
  • That an Environmental Impact Statement be provided as part of the project approval

EXAMPLE MOTIONS
Approval of Case # 15-02-SE-FLATOWER
Approval with Conditions of Case # 15-02-SE-FLATOWER
Denial of Case # 15-02-SE-FLATOWER



City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other

Modifications:



 
 
City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122