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Fla Tower
Attachment NameAttachment SizeAttachment Date
Size: 295K
Last Updated: 2015/10/1
Size: 3.6M
Last Updated: 2015/7/30
Size: 9.2M
Last Updated: 2015/7/30
City of DeBary SealCity Council Meeting
City of DeBary

Subject: Final Site Plan Application for Florida Tower
From: Matt Boerger, Planning Administrator
Meeting/Hearing Date:  October 7, 2014

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

The applicant, Florida Tower Partners, with the authorization of the property owner, United Methodist Church of DeBary, is proposing to construct a 180’ tall Flush Mounted Monopole and a related 5,850 square foot tower compound as well as associated infrastructure on the south side of West Highbanks Road.

Background Discussion
The subject property is approximately 18 acres in area and is located off of West Highbanks Road, east of Ft. Florida Road, parcel number 31-18-30-00-00-0012.

As part of the proposed cell tower project, a special exception was required prior to the submittal of a final site plan. Pursuant to Section 1-9(1)(b), the Planning and Zoning Commission and City Council evaluated the criteria for the specific use requested and weighed the consideration of the application against the criteria for a communication tower as outlined in Section 3-134(2) Communication Towers of the Land Development Code. The Planning and Zoning Commission voted to recommend approval of the special exception on May 27, 2015. City Council approved the special exception on June 3, 2015 with the following conditions of approval:

- 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 mitigates 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

The applicant, Florida Tower, has addressed the above conditions as part of their final site plan application submittal.

The applicant has also demonstrated compliance with the previously approved special exception criteria (Chapter 3, Section 134(20)) with the exception of criteria #5 under sub section (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 was waived by the City Council as permitted by Chapter 3, Section 134(20)(e)(5) to reduce the separation distance by no less than 504’.

The subject property has a Rural Agriculture Zoning (A-2) designation. A-2 Zoning requires a minimum of five acres lot size for a principal use. Currently, development on the 18 acre site consists of a pavilion which is considered an accessory structure. No principal uses are currently constructed or operating on the 18 acre site. Therefore, the 18 acre property is more than adequate in size to meet the minimum lot area requirement under Sec 3-86(d), City of DeBary Land Development Code. The 5,850 square foot tower compound area is not germane to the issue of whether the minimum  five acre lot requirement is met since such leased area is not creating subdivision of the 18 acre property and is not considered a separate lot under the Land Development Code. Future development of the property with additional principal uses will likely require a rezoning. A lot split or platting of the property to ensure continued compliance with the five acre minimum lot area requirement would also accommodate future development of the property with other principle uses.

The applicant is proposing to remove six existing trees for the tower compound but is providing a landscape plan for replanting of replacement trees and landscaping. The proposed landscape plan retains existing trees and provides additional landscaping to enhance the buffer area between the proposed tower and Highbanks Road. Please see the Tree Preservation and Removal Plans.

Development Review Committee
The City of DeBary Development Review Committed (DRC) reviewed the final site plan on August 26, 2015. DRC recommended approval of the final site plan subject to the following conditions.

1. A Letter of Map Revision (LOMR) will be required to be submitted prior to issuance of a Building Permit.

Land Development Code Regulation
The Final Site Plan application is consistent with the Comprehensive Plan and meets the provisions of the Land Development Code, which specifically includes:
Chapter 3, Article III, Division 3, Section 3-86. A-2 Rural Agriculture Classification
Chapter 3, Article III, Division 4, Section 134(20) Special Exceptions
Chapter 4, Article II, Division 3, Section 4-62. Conceptual or Final Site Plan Review
Chapter 4, Article II, Division 4, Design and Construction Standards of Improvements
Chapter 5, Article I. Landscaping and Buffer Standards

Findings of Fact
The City of DeBary Development Review Committee has recommended approval of the Florida Tower final site plan. ~Therefore, pursuant to Section 4-23 (c) of the City’s LDC, DRC recommends approval of the Development Order for the Florida Tower final site plan with the following conditions.

1. A Letter of Map Revision (LOMR) will be required to be submitted prior to issuance of a Building Permit.

Final Site Plan
Tree Preservation and Removal Plan
Location Map

Recommended Motion
Approve the Final Site Plan for Case # 15-02-FSP-FLTower with the following conditions: 1,) That the applicant submits a Letter of Map Revision (LOMR) prior to the issuance of a Building Permit; 2.) Any wireless facility that is not operated for a continuous period of six (6) months shall be considered abandoned, and the owner of such wireless facility shall remove same within ninety (90) days of notice from the City Manager or designee that the wireless facility is abandoned. If such wireless facility is not removed within the said ninety (90) days, the City may have the wireless facility removed at the wireless facility owner's expense.

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

(   )  Other


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