TALLAHASSEE-LEON COUNTY PLANNING COMMISSION ROGER and JAN KAUFMAN, JOHN T. and JAN GARDNER, and WILLIAM B. GRAHAM, Petitioners, vs. CITY OF TALLAHASSEE and SOUTHEASTERN TOWER ASSOCIATES, INC., Respondents. DOAH Case No. 09-1342 Planning Comm’n Case No. TSP080075 FINAL ORDER Having considered the MEDIATED STIPULATION, attached hereto as Attachment 1, the City of Tallahassee Planning Commission hereby adopts the MEDIATED STIPULATION as its Final Order in this matter and hereby approves Southeastern Tower Associates, Inc.’s Revised Type B Site Plan Application as set forth in the MEDIATED STIPULATION. th DONE AND ORDERED this _/2” day of August, 2009. Maribel Nicholson-Choice, Chairperson Tallahassee-Leon County Planning Commission , City Hall 300 South Adams Street Tallahassee, Florida 32301-1731 CERTIFICATE OF FILING AND CERTIFICATE OF SERVICE I hereby certify that this Final Order was filed jn the Office of the Clerk of the Planning Commission and that a copy was sent this (3 day of August, 2009; and a copy has been furnished by U. S. Mail to Linda Hudson, Assistant City Attorney, City Attorney's Office, City Hall, 300 S. Adams Street, Tallahassee, Florida, 32301; and D. Kent Safriet, Esq., Hopping, Green & Sams, P. O. Box 6526, Tallahassee, Florida, 32314, this Be day of August, 2009. Russell Snyde Planning Commission Clerk Tallahassee - Leon County Planning Commission City Hall 300 S. Adams Street Tallahassee, Florida 32301-1731 TLPC\Kaufman Final Order ATTACHMENT 1 STATE OF FLORIDA . DIVISION OF ADMINISTRATIVE HEARINGS. IT AD ROGER and JAN KAUFMAN, JOHN T. and JAN GARDNER, and WILLIAM B. GRAHAM, Petitioners, “vs. DOAH Case No. 09-1342 : Planning Comm’n Case No. TSP080075 CITY OF TALLAHASSEE and SOUTHEASTERN TOWER ASSOCIATES, INC., Respondents. / MEDIATED STIPULATION Pursuant to Section 2-138, Tallahassee Land Development Code (LDC), by and through undersigned counsel, Petitioners and Respondent, Southeastern Tower Associates, Inc., attended an informal mediation session. As a result of the mediation, the parties were able to settle their dispute as follows: Background Southeastern Tower Associates, Inc. (STA) previously applied for the “Thomasville Road Communications Tower Type B Site Plan” approval which was granted by the Development Review Committee on February 9, 2009. STA’s proposal included a camouflage tower structure that included a cross designed to resemble a manmade object related to a Church. Following DRC approval of STA’s application, the Petitioners filed a petition for a quasi-judicial proceeding challenging the City’s determination that the tower was in fact a camouflaged structure under section 10-425(r), LDC. The case was then forwarded to the Division of Attachment #1 Page 1 of 10 38 Attachment #1 Page 2 of 10 Administrative Hearings and assigned case number 09-1342. On March 25, the Petitioners and STA participated in an informal mediation. As a result, the parties have agreed to settle this challenge by modifying the design of the proposed camouflage tower to resemble a flagpole. On April 15, 2009, DOAH stayed the hearing pending City Staff’s review of the Revised Site Plan. On May 29, 2009, City Staff determined that the Revised Site Plan complied with all provisions of the City’s Land Development Code. Thereafter, this “mediation stipulation” including findings of facts, conclusions of law, and a recommendation as required by Section 2- 138, LDC, was submitted to the Planning Commission for consideration. Findings of Fact . 1. On March 9, 2009, Petitioners filed a “Petition for Quasi-Judicial Proceedings” with the Tallahassee-Leon Planning Commission (Commission). 2. On March 11, 2009, the Commission’s attomey made a “Determination of Standing” concluding that if the allegations in the Petition were proven that the Petitioners would have standing. 3. The Petition disputed the following statements of fact: a. Whether the application at issue demonstrates that a suitable alternative site does not exist. ; . b. Whether the cell tower as proposed resembles a natural object or a manmade structure, or serves a purpose other than supporting antennas. c. Whether the cell tower as proposed is designed to be compatible with the architectural elements of surrounding properties. d. Whether the cell tower is designed to blend with the principal use structure. Attachment #1 Page 3 of 10 4. On March 25, 2009, an informal mediation conference was held between Petitioners and STA. 5. At this conference, Petitioners and STA agreed that a revised design of the tower to resemble a flagpole would resolve Petitioner’s concerns. 6. STA prepared Revised Site Plans modifying the design of the tower, a copy of which is attached hereto as Exhibit 1. 7. The Revised Site Plans were submitted to the City Staff for review. 8. City Staff has concluded that the Revised Site Plans comply with the City’s regulations. See Exhibit 2. 9. The Parties agree that Revised Site Plans comply with the City’s regulations and specifically that: a. the application at issue demonstrates that a suitable altemative site does not exist. b. the cell tower as proposed resembles a manmade structure and serves a purpose other than supporting antennas. c. the cell tower as proposed is designed to be compatible with the architectural elements of surrounding properties. , d. the cell tower is designed to blend with the principal use structure. Conclusions of Law 10. The Commission has jurisdiction with respect to this Mediated Stipulation pursuant to Section 2-138(b), LDC. 11. STA’s Revised Site Plans and Application meet all requirements of the City’s Land Development Code, including Section 10-425, LDC. Attachment #1 Page 4 of 10 Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Planning Commission approve STA’s Revised Type B Site Plan Application and issue all appropriate development orders, V wal Gos Sidon Sits ( \Nexon Gee D. Kent Saftiet Linda R. Hudson HOPPING GREEN & SAMS, P.A. Office of the City Attomey P.O. Box 6526 City Hall, Box A-5 Tallahassee, FL 32314 300 South Adams Street Tallahassee, FL 32301 Attorney for Southeastern Tower Associates, Inc. Attorney for the City of Tallahassee Laheatf Mites, Robert A. Weiss i) PARKER, HUDSON, RAINER & DOBBS, LLP The Perkins House, Suite 200 118 North Gadsden Street Tallahassee, FL 32301 Attomey for Petitioners CERTIFICATE OF SERVICE I hereby certify that on thisse day of June, 2009, a te and correct copy of the foregoing has been furnished by Facsimile and U.S. Mail to the Clerk for the Tallahassee Leon Planning Commission: Russell Snyder Tallahassee-Leon County Planning Department 300 South Adams Street Tallahassee, FL 32301 _ (850) 891-6404 Fax “~ Veni L pablo {ow D. 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Attachment #1 Page 9 of 10 I EU WIMOL NYBLSVSHLNOS aNAD Begun /AEdOTEAIO| wocze nO “ZassYNYTL (ssauaay basen ov) TTMASVNOHL e018 a OH) eet apeieee ria: o1z aang “ 3G -onnr, aed O8 101 ora 34S104 S| ‘HLNOW Yad AWIL 3NO ATALWIIXOUddY (NMOHS) NVA YO HOMAL SONVNALNIVW ALN LHON ¥ AS G3SSIOO¥ 34 ATNO THM ALIS ‘LLON NVId NOILVYINOYID BasVaL Attachment #1 Page 10 of 10 [ALLAHASSEE May 29, 2009 Brent O’Shaughnessy - 134 13" Street St. Augustine, Florida 32789 RE: Thomasville Road Communications Tower Site Plan (TSP08-0075) Tax LD. #: 11-17-20-620-000-0 Dear Mr. O’ Shaughnessy: The revised site plan for the Thomasville Road Communications Tower Site Plan submitted on April 30, 2009 complies with all of the Development Review Committee's conditions of approval and it is consistent with all applicable land development regulations. If you have any questions, please call me at #891-7042. Sincerely, BEL FE FE Glenn W Berman, AICP Land Use Administrator Growth Management Department cc: Hudson, L. — City Attomey’s Office CUS TAG FHS KAPUR. TL ANDRES GHEE U AE Sekt + ‘ bn ey Hs HRAN sTi4 Sh! South Nebuns Site Mater F nunascuiner to mt Vethinty MARB MI SFL Saital Histon PUN rhe Canuntioan sic: Sar ie poe PSU ED TRIPs Panels de Grgsth “ARES Sit tik tp vibe Ce Vheneee One Mra bass 1 : AW Te Exhibit 2 ARTICLE VIL. SUPPLEMENTARY REGULATIONS iat Page 1 of 9 Sec. 10-425. Communication antennas and communication antenna support structures. (a) Intent. The regulations and requirements of this section are intended to: (1) Promote the public health, safety and general welfare by regulating the siting of wireless communication facilities; (2) Accommodate the growing need and demand for wireless communication services; (3) Provide for the appropriate location and development of wireless communication facilities within the city; (4) Recognize that the provision of wireless services may be an essential service within such tand use categories as may be provided for under the comprehensive plan, subject to the limitations of this section; (5) Minimize adverse visual effects of wireless communication facilities through careful design, siting, landscape screening and innovative camouflaging techniques; (6) Encourage the location and co-location of antennas on existing structures thereby minimizing new visual impacts and reducing the need for additional antenna support structures; and (7) Further the balance between the need to provide for certainty to the communications industry in the placement of wireless communication facilities and the need to provide certainty to the residents and citizens of the city that the aesthetic integrity of the city will be protected from the proliferation of unnecessary antenna support structures. (b) Applicability; exemption for government-owned property; use of existing structures. (1) Applicability. All new communications antennas and communication antenna support structures in the city, except as otherwise specifically provided in this section, shall be subject to this chapter and all other applicable building and construction codes. In the event of any conflict between other zoning regulations and the regulations contained in this section, the provisions of this section shall override and supersede such other regulations unless otherwise specifically set forth in this section. (2) Exemption for government-owned property. The provisions of this section shall not apply to communication antenna support structures and communication antennas located on property, rights-of- way or easements owned by the United States, the state, the county, or the city. Notwithstanding the foregoing, communication antenna support structures located on property, rights-of-way, or easements owned by the United States, the state, the county, or the city shall comply with subsection (e) of this section, minimum distance of communication antenna support structures from residential property lines, unless the communication antenna support structure is determined by the entity with authority to approve the site plan to be necessary for provision of an essential service by a public utility. (3) Use of existing structures. a. All communication antenna support structures existing on August 25, 1999, shall be allowed to continue to be used as they presently exist. Routine maintenance shall be permitted on such existing antenna support structures. b. New construction on an existing communications antenna support structure, other than routine maintenance and modifications to accommodate co-location as provided in subsection (b)(3)c. of this section on an existing communication antenna support structure, shall comply with the requirements of this section. c. An antenna support structure which is modified or replaced to accommodate the colocation of an additional antenna is not subject to the requirements of this section, except those provisions of subsection (j) of this section regarding structural design provided: 1. The modified or replaced communication antenna support structure is either of the same type as the existing antenna support str ucture or a monopole; 2. Camouflaged antenna support structures may only be replaced with camouflaged antenna support structures of like design, 3. The communication antenna support structure's height is not increased by more than 25 feet, and does not exceed the height limitations of the underlying zoning district, http://library8 municode.com/default-test/DocView/19980/1/195/202 6/30/2009 ARTICLE VIL SUPPLEMENTARY REGULATIONS eeiieler Page 2 of 9 except for the height of the antenna support structure, for nonconforming structures, which shall be no greater than the original structure approval; and 4, The replacement antenna support structure is located within 75 feet of the original location and does not increase any nonconformities regarding distance from residential property lines. d. For communication antennas, replacement of antennas on a structure with different antennas shall be considered routine maintenance and is not subject to the requirements of this section provided the antennas do not extend more than 15 feet above the highest point of the existing structure and the area (square footage) of the replacement antenna is less than 50 percent more than the area (square footage) of the antenna that was originally permitted on the structure. (4) For purposes of this section, a communication antenna support structure that has received final approval in the form of either a site plan approval or a building permit, but has not yet been constructed, shall be considered an existing antenna support structure so long as such approval is valid and unexpired as of August 25, 1999. In addition, a communication antenna support structure which has received a land use compliance certificate pursuant to this chapter shall be considered an existing antenna support structure so long as the holder thereof has submitted complete applications for a concurrency certificate, an environmental permit, and a building permit; and the permit applications are pending on August 25, 1999. (5) The provisions of this section shall not apply where communication antennas are located on existing structures with a height of 30 feet or greater, so long as the antennas do not extend more than 15 feet above the highest point of the existing structure provided that no antennas may be located on a single-family attached, single-family detached, two-family (duplex) dwelling unit, or multifamily dwelling structure containing four or less dwelling units. Existing structures may include, but are not limited to, nonresidential buildings, water towers, existing communication antenna support structures, recreational light fixtures and other public utility structures. (6) All communication antenna support structures or antennas proposed within the city shall comply with the requirements of section 10-415 regarding airpor/airspace regulations. If there is any conflict between the requirements of this section and section 10-415, the requirements in section 10-415 shall control. (7) An existing structure (other than an antenna support structure) in which a communication antenna is located, that is modified or replaced shall be subject to the provisions of this chapter and the applicable building codes. (8) This section is not intended to apply to the siting of radio and television broadcast towers licensed by the Federal Communications Commission and used primarily for broadcast purposes. (c) Location. (1) Zoning districts. A communication antenna support structure may be located in any zoning district so long as it meets the requirements of this section. Communication antenna support structures in the downtown zoning districts (RO target retail/office growth area, DI institutional/cultural/university transition areas, and SCD special character district), CU (central urban), and UT (university transition) shall be constructed in accordance with subsection (r) of this section regarding camouflaged structures (2) Minimum setbacks from roadways. a. Gateway routes. Communication antenna support structures, other than camouflaged antenna support structures, shall not be located within 100 feet from the right-of-way of the gateway routes listed below. Except as provided in subsection (c)(2)e of this section, communication antenna support structures shall not be located in areas more than 100 feet and less than 250 feet from the right-of-way of the gateway routes listed below. Pensacola Street: From airport exit on Capital Circle Southwest to Pensacola Street, and Pensacola Street to Stadium Drive. Lake Bradford Road: From airport exit on Capital Circle Southwest to Lake Bradford Road and Lake Bradford Road to Gaines Street. South Monroe Street: From "4 points" area to Gaines Street. South Adams Street: From "4 points" area to Bloxham Street. http:/ibrary8 .municode.com/default-test/DocView/19980/1/195/202 6/30/2009 ARTICLE VI. SUPPLEMENTARY REGULATIONS ee fo Page 3 of 9 West Tennessee Street: From Capital Circle Southwest to Dewey Street. Apalachee Parkway: From Broward Street to Capital Circle Southeast. North Monroe Street: From Thomasville Road to 1-10. Mahan Drive: From Meridian Street to 1-10. Thomasville Road: From North Monroe Street to Killearny Way. Orange Avenue: From Lake Bradford Road to South Adams Street. Miccosukee Road: From Capital Circle to Meridian Street. Old Bainbridge Road: From Brevard Street to Tharpe Street. b. Canopy roads. Communication antenna support structures, including camouflaged antenna support structures, shall not be located within a canopy road protection zone. Except as provided in subsection (c)(2)e of this section, communication antenna support structures shall not be located in areas more than 100 feet and less than 250 feet from the right-of-way of a designated canopy road. c. All other roadways. Communication antenna support structures, other than camouflaged antenna support structures, shall not be located within 100 feet from the right-of-way of all other roadways within the city except as provided in subsection (c)(2)e of this section d. Camouflaged antenna support structures. Camouflaged antenna support structures may be located within 100 feet of any right-of-way in the city, subject to the applicable setbacks (i.e., sign, building, etc.). e. Deviations. Communication antenna support structures may be located in areas more than 100 feet and less than 250 feet from the right-of-way of designated gateway routes and designated canopy roads and less than 100 feet from the right-of-way of all other roadways so long as the director shall determine that the proposed antenna support structure meets the criteria for deviations in subsection (u) of this section regarding deviations from standards in this section. Such applications for deviations are subject to the Type A review process as set forth in section 9-154 of this Code. The applications shall comply with all other requirements of this section. (3) A communication antenna support structure shall not be located on or within 250 feet of property designated as historic preservation overlay, unless otherwise constructed in accordance with subsection (r) of this section regarding camouflaged structures. Any application for a communication antenna support structure or antenna on or within 250 feet of property designated as historic preservation overlay shall request a certificate of appropriateness from the city's architectural review board pursuant to article IV, division 3 of this chapter regarding the historic preservation overlay and National Register of Historical Properties overlay district (HPO). (4) Notwithstanding anything to the contrary in the this chapter, no communication antenna support structure other than a monopole (freestanding) or camouflaged antenna support structure shall be, located abutting a residential lot, except that a communication support structure necessary for provision of an essential service by a public utility abutting a residential lot is not limited to a monopole if the entity with the authority to approve the site plan determines that a different type of communication antenna support structure is necessary for provision of the essential services. (5) Antenna support structures shall not be located within the building setback requirements of the underlying zoning district. (6) Communication antennas shall not be located on any single-family attached, single-family detached, two-family (duplex) dwelling unit, or multifamily dwelling structure containing four or less dwelling units. (7) Communication antennas may be located on existing structures in public road rights-of-way along collector, arterial or limited access roadways as defined by the comprehensive plan. (8) A temporary communication antenna support facility may be used by a provider in au zoning district for the purposes of providing temporary wireless service for special short-term events such as political events, sporting events, or entertainment events, or as necessary to aid in post disaster relief efforts. http://library8.municode.com/default-test/Doc View/19980/1/195/202 6/30/2009 ARTICLE VI. SUPPLEMENTARY REGULATIONS ious dof Page 4 of 9 (9) A temporary communication antenna support facility may be used by a provider in any zoning district for the purposes of allowing modification, replacement, and/or repairs to a permanent facility, for a period not to exceed 180 days. (10) Temporary communication antenna support facilities shall be allowed on approved communication antenna support structure development sites, for a period not to exceed 180 days from final development review committee approval determination provided the use of a temporary antenna support facility is declared at time of site plan submittal and is located within 75 feet of the approved antenna support structure location. Operation of temporary antenna support facilities shall cease upon erection of the permanent communication antenna support structure. (d) Maximum height. (1) Notwithstanding anything to the contrary in this chapter, the maximum height of communication antenna support structures shall be 150 feet except in R (rural), UF (urban fringe), M-1 (light industrial), | (industrial), and IC (interchange commercial) zoning districts or in a PUD (planned united development), CPA (critical planning area) or TPA (target planning area) which includes community services, light or heavy infrastructure, or light or heavy infrastructure uses, in which the maximum height shall be 250 feet so long as the communication antenna support structure is located within the portion of the planned united development, critical planning area or target planning area designated for such uses. Measurements of communication antenna support structure height shall include the base pad, and other appurtenances and shall be measured from the finished grade of the antenna support structure to the top of the structure (excluding antennas). (2) Communication antennas shall not extend more than 15 feet above the highest point of the structure on which it is located. (e) Minimum distance of communication antenna support structures from residential property lines. (1) Communication antenna support structures, except camouflaged antenna support structures, shall be at least 200 feet from the nearest residential lot line under different ownership of the subject site. In addition, antenna support structures shall be at least 250 feet from the nearest lot line under different ownership of the subject site of any single-family detached, single-family attached or duplex residential dwelling. (2) Distances shall be measured from the center of the base of the communication antenna support structure to the nearest residential lot line under different ownership of the subject site. (3) In the event that an abutting residential zoned property is vacant, the required distance of communication antenna support structures from property lines shall be determined according to the most intense use allowed on the abutting residentially zoned property (4) Communication antenna support structures, including camouflaged antenna support structures shall comply, at a minimum, with the applicable building code requirements and the building setbacks in this chapter. (f) Accessory communication equipment buildings and uses. Accessory equipment buildings used in conjunction with the operation and maintenance of communication antennas and support structures shall be permitted subject to the following requirements: (1) If located on the ground, accessory communication equipment buildings shall comply with the minimum accessory building setback requirements of the underlying zoning district; (2) Shall not exceed 750 square feet of gross floor area per provider; (3) If ground constructed or mounted, shall not exceed 20 feet in height; (4) Design and location of the accessory equipment building shall be in conformance with the applicable underlying zoning district; (5) Shall be designed, constructed, and installed in compliance with all applicable local building codes; (6) Shall be of material and/or color which matches the exterior of the existing structure, if any, where the antennas are located; and (7) Mobile or immobile equipment not used in direct support of the wireless communication facility shail not be stored or parked on the site, unless repairs to the antenna and related equipment and/or to the antenna support structure are being made. http://library8.municode.com/default-test/DocView/19980/1/195/202 6/30/2009 ARTICLE VII. SUPPLEMENTARY REGULATIONS elie Page 5 of 9 (g) Minimum yard requirements. There are no minimum yard requirements for communication antenna support structures. (h) Illumination. Communication antenna support structures shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration or such lighting or illumination is part of the design of a camouflage structure. (i) Finished color. Communication antenna support structures not requiring Federal Aviation Administration painting/marking shall have either a galvanized finish or be painted a dull blue, gray, or black finish, unless otherwise constructed in accordance with subsection (r) of this section regarding camouflaged structures. (i) Structural design. The applicant shall provide certification indicating the communication antenna support structure is designed and shall be constructed to ensure that the structural failure or collapse of the antenna Support structure will not create a safety hazard, according to EIA/TIA 222-F Standards, to adjoining properties. Communication antenna support structures shall be constructed to the EIA/TIA 222-F Standards, as published by the Electronic Industries Association, which may be amended from time to time, and all applicable city building codes including the 1997 Standard Building Code and ASCE 7 as amended from time to time. Further, any improvements and/or additions to existing communication antenna support structures shall require approval from the director for compliance with this chapter and with the EIA/TIA 222-F Standards in effect at the time of such improvements or additions. (k) Fencing. A minimum six-foot finished masonry wall or a six-foot fence shall be required around communication antenna support structures. Access to the antenna support structure shall be through a locked gate. This requirement shall not apply to camouflaged antenna support structures. Deviations to this requirement may be granted in accordance with subsection (u) of this section regarding deviations from standards in this section, for other antenna support structures provided (in addition to criteria of subsection (u) of this section) the structure is made unclimbable up to a height above 20 feet. (1) No advertising. Neither communication antenna support structures, antenna support structure sites, nor communication antennas shall be used for advertising purposes and shall not contain any signs for the purpose of advertising except as provided in subsection (r) of this section regarding camouflaged structures. (m) Landscaping. The visual impacts of communication antenna support structures shall be mitigated through landscaping or other screening materials at the base of the antenna support structure and ancillary structures as follows: (1) A ten-foot wide, Type B landscape buffer which meets the landscape requirements of chapter 5 of this Code shall be required around the perimeter of the antenna support structure and accessory structures; : (2) All required landscaping shall be of the ever green variety; (3) All required landscaping shall be xeriscape tolerant or irrigated and properly maintained to ensure good health and vitality; (4) Required landscaping shall be installed outside the fence or wall; and (5) Existing vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward meeting landscaping requirements. (6) An applicant may request deviation to the standards in this section in accordance with subsection (u) of this section regarding deviation from standards of this section. (n) Nonconforming communication antenna support structures and antennas. To the extent set forth in this section, the restrictions on nonconforming uses and structures contained in article ll, division 3 of this chapter, are modified and supplemented by this section. Bona fide nonconforming communication antenna support structures or antennas that are damaged or destroyed may be rebuilt and all such antenna support structures or antennas may be modified or replaced without meeting the minimum distance requirements specified in Paragraph subsection (e) of this section regarding the minimum distance of communication antenna support structures from residential property lines. The type, height, and location of the antenna support structure on the site shall have no greater impact on the abutting property than the original facility approval. Building permits to rebuild the antenna support structure shall comply with the applicable city codes and shall be obtained within 180 days from the date the antenna support structure is damaged or destroyed. If no permit is applied for, or obtained, or if such permit expires, the communication antenna support structure shall be deemed abandoned as specified in subsection (0) of this section. (0) Abandonment. http://library8.municode.com/default-test/Doc View/19980/1/195/202 6/30/2009 ARTICLE VII. SUPPLEMENTARY REGULATIONS iene oof Page 6 of 9 (1) Prior to issuance of a building permit, the applicant shall enter into an agreement with the city to be approved by the director, that requires the applicant or the owner of the antenna support structure to remove the antenna support structure upon its abandonment. (2) In the event the use of any communication antenna support structure has been discontinued for a period of 180 consecutive days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the director of growth management, based upon documentation and/or affidavits from the communication antenna support — structure owner/operator regarding the issue of antenna support structure usage. At such time as the director of growth management reasonably determines that an antenna support structure is abandoned, the director of growth management shall provide the antenna support structure owner or operator with written notice of an abandonment determination by certified mail, United States mail or hand delivery. Failure or refusal by the owner to respond within 60 days of receipt of such notice, shall constitute prima facie evidence that the antenna support structure has been abandoned. (3) Upon the director's determination of such abandonment, the owner or operator of the antenna support structure shall have an additional 120 days within which to: (i) reactivate the use of the antenna support structure or transfer the antenna support structure to another owner or operator who makes actual use of the antenna support structure or (ii) dismantle and remove the antenna support structure. At the earlier of 180 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any exception and/or variance approval for the antenna support structure shail automatically expire. in the event the communication antenna support structure is not reactivated or is removed as provided for in this subsection, the city may remove the communication support structure and the owner or operator shail be liable for any cost incurred by the city in the removal of the abandoned communication antenna support structure. (p) Certification of compliance with Federal Communication Commission NIER standards. Prior to receiving final inspection, the applicant shall certify in writing submitted to the director that the communication antenna support structure complies with all current Federal Communication Commission regulations for non-ionizing electromagnetic radiation (NIER). The director shall indicate on the site plan approval that this certification has been received. (q) Co-location. Communication antenna support structures shall be structurally designed to accommodate the co-location of antennas as follows: (1) All communication antenna support structures, except camouflaged structures, over 80 feet and up to and including 125 feet in height shall be structurally designed to accommodate at least two providers. (2) All communication antenna support structures, except camouflaged structures, over 125 feet and up to and including 150 feet in height shall be structurally designed to accommodate at least three providers. (3) All communication antenna support structures, except camouflage structures, exceeding 150 feet in height shall be structurally designed to accommodate at least four providers. (r) Camouflaged structures. (1) Criteria to be considered in determining whether a communication antenna support structure qualifies as a camouflage structure: a. Whether the antenna support structure: (i) resembles a natural object or a manmade structure (example of a natural object is a tree; examples of a manmade structure are bell and clock towers, church steeple, detached or attached sign structure or a lookout station); or (ii) serves a purpose other than supporting antennas, for example lighting of sports facilities, transmission of electrical and/or telephone lines; flag poles; b. Whether the antenna support structure is designed to be compatible with the architectural elements, such as bulk, massing, and scale of the surrounding properties; and c. Whether the antenna support structure is designed to blend with the principal use structure, if any. (2) Upon receipt of the required application, the director shall make the determination whether the particular antenna support structure qualifies as a camouflaged structure using criteria set forth in subsection (r)(1) of this section. The director's determination may be appealed to the planning commission as set forth in the planning commission bylaws and article chapter 2, article HI, division 2, http:/Nibrary8.municode.com/default-test/DocView/19980/1/195/202 6/30/2009 ARTICLE VII. SUPPLEMENTARY REGULATIONS eee, Page 7 of 9 subdivision II of this Code. (3) Camouflaged structures shall be permitted in all zoning districts; provided, however, that no antenna support structure may be located on a residential property used as single-family attached, single-family detached, two-family (duplex) dwellings, or multifamily units containing four or less dwellings. (4) Depending on the type of camouflaged structure, the entity with authority to approve the site plan may require that the structure meet fencing requirements of subsection (k) of this section. (5) All camouflaged structures are subject to the review requirements of subsection (s) of this section regarding land use compliance certificate and preapplication conference and subsection (t) of this section regarding site plan review. (6) All camouflaged structures are subject to the applicable local building and land development regulations. (s) Land use compliance certificate and preapplication conference. Except as otherwise provided in this section, a land use compliance certification and preapplication conference pursuant to section 9-151 of this Code regarding development review and approval system shall be required for siting all communication antenna support structures and antennas. (t) Site plan review. (1) Except as otherwise provided in this section, all applications for communication antenna support structures and communication antennas shall be treated as a Type B site plan and shall be subject to all requirements in this chapter for Type B site plans. (2) Any application for a communication antenna support structure to be located on property, rights-of- way, or easements owned by the United States, the state, the county, or the city that does not meet the minimum distance requirements of subsection (e) of this section regarding the minimum distance of communication antenna support structures from residential property lines and seek to be exempted from the subsection by virtue of providing an essential service shall be accompanied by a site plan which shail be reviewed as a Type B site plan, and shall be accompanied by a narrative explaining the nature of the essential service and certifying that the applicant is a public utility. The entity with authority to approve the Type B site plan shall consider whether the communication antenna support structure is necessary for provision of an essential service by a public utility; and if the decision is to approve, shall include such a finding in the written order. (3) Any application from a public utility pursuant to subsection (c)(5) of this section to construct a communication antenna support structure other than a monopole abutting a residential lot shall be accompanied by a site plan which shall be reviewed as a Type B site plan. The site plan shall include a narrative explaining the need for an antenna suppor t structure other than a monopole. (4) Any decision to deny an application for siting a communication antenna support structure or communication antenna shall be in writing and supported by substantial evidence contained in a written record. No location for placement, construction, or modification of a communication antenna support structure or communication antenna shall be regulated on the basis of the environmental effects of radio frequency emissions to the extent that the communication antenna support structure and communication antennas comply with the Federal Communication Commission regulations concerning such emissions. (5) All applications for new antenna support structures, except as otherwise provided in this section, shall demonstrate that a suitable alternative site does not exist and this demonstration is not rebutted by competent and substantial evidence. (6) Any person adversely affected by any final action or failure fo act on a permit application may, within 30 days after final action or failure to act by the city, file a petition for writ of certiorari in the county circuit court. For purposes of seeking judicial review, city action on a permit application shall not be final until the applicant has exhausted its right to formal proceedings under chapter 2, article II, division 2, subdivision II of this Code. (u) Deviations from standards in this section. (1) Intent and purpose. The intent and purpose of this subsection is to address and balance the concerns about communication antenna support structures that do not meet the requirements of this section and the recognized need of the provider to serve the community. http://library8 .municode.com/default-test/DocView/19980/1/195/202 6/30/2009 ARTICLE VI. SUPPLEMENTARY REGULATIONS ee 8 of Page 8 of 9 (2) Prohibitions. No deviations shall be granted for the following: a. Height, setbacks, fencing, or buffer requirements for communication antenna support structures and antennas where such structures and antennas are located in or adjoining any residential preservation future land use category. b. Deviations to height exceeding 170 feet in the R-1, R-2, and R-3 zoning districts; c. Construction of communication antenna support structures within the underlying zoning district building setback; d. Requirements. of subsection (q) of this section regarding co-location; and e. Deviations that permit communication antenna support structures within a canopy road protection zone. (3) Authority. An applicant may request a deviation from the standards in this section from the entity with authority to approve, approve with conditions, or deny a site plan application under the regulations of this section. Requests for deviations pursuant to this section shall be processed concurrently with an application for site plan review. (4) Criteria for deviations from the standards in this section for communication antenna support structures. With respect to action upon applications for deviations, the entity with the authority to approve a site plan application for a communication antenna support structure or communication antenna shall grant a deviation only if it finds that the deviation meets the following standards and criteria: a. The deviation will not be detrimental to the public health, safety, or welfare to the surrounding properties; b. The deviation provides for greater mitigation of aesthetic impacts fo adjoining properties and/or roadways. Aesthetic impact shall take into consideration, but not be limited to, the amount of the antenna support structure that can be viewed from the surrounding land uses in conjunction with the structure's proximity to the surrounding land use, mitigation, landscaping or intervening visual buffers, existing character of the surrounding area, or other visual options; c. The deviation provides greater compatibility with the nature and character of other land uses and/or with the environment within which the antenna support structure proposes to locate. The antenna support structure may be placed or designed to assist with mitigating the overall aesthetic impact of an antenna support str ucture; d. A suitable alternative site is not available. The applicant shall demonstrate that an alternative site does not exist, and this demonstration is not rebutted by competent and substantial evidence; e. The deviation sought is the minimum necessary to address the need for the deviation, subsequent to exploring all reasonable siting alternatives; f. The location of the communication antenna support structure will not have a significant detrimental impact on abutting property values; and g. The granting of the deviation is consistent with the intent and purpose of this section, this chapter, and the comprehensive plan. (5) Supplemental information required for applications for deviations from standards in this section. The following information shall be included with all applications for deviations from standards set forth in this section. The applicant may use any combination of site plans, surveys, maps, technical reports or written narratives necessary to convey the following information: a. A scaled site plan clearly indicating the communication antenna support structure site, type and height of the proposed antenna support structure, the location of the accessory equipment building, on-site land uses and zoning, abutting land uses and zoning, abutting roadways, proposed means of access, distances from the property lines, elevation drawings of the proposed communication antenna support structure, and any other proposed structures; b. A current zoning or tax map or aerial, as maintained by the county property appraiser's office, showing the location of the proposed communication antenna support structure; http://library8.municode.com/default-test/Doc View/19980/1/195/202 6/30/2009 ARTICLE VI. SUPPLEMENTARY REGULATIONS eee of Page 9 of 9 c. A legal description of the parent tract and communication antenna sup port structure site (if applicable); d. If the proposed communication antenna support structure site meets the required minimum distance from residential lot lines, approximate distance between the proposed communication antenna support structure and the nearest residential lot line, platted residential properties, or unplatted residential lot lines and/or nonresidential lot lines. If the proposed communication antenna support structure site does not meet the minimum distance requirements, then exact distances, locations and identifications of such properties shall be shown on a site plan. e. A landscape plan showing specific landscape materials; f, The method of fencing, finished color and, if applicable, the method of aesthetic mitigation and illumination; g. If the applicant is not co-locating (sharing space) on an existing communication antenna support structure of another communications provider, evidence that it has made diligent but unsuccessiul efforts to co-locate its antenna and associated equipment on an existing structure within its search ring on commercially reasonable terms; h. Evidence that the applicant has made diligent but unsuccessful efforts to locate the Proposed communication antenna support structure on suitable government-owned property within its search ring; i. With respect to deviations only, certification by the applicant that the proposed communication antenna support structure is reasonably necessary fo serve an abutting or nearby residential area or areas. (Code 1984, ch. 27, § 18.7; Ord. No. 95-O-0025AA, 9-1 3-1995; Ord. No. 96-0-0018, § 1, 11-26-1996; Ord. No. 97-0- 0027AA, § 49, 7-8-1997; Ord. No. 98-0-0028AA, § 9, 6-24-1998; Ord. No. 99-0-0025AA, § 3, 8-25-1999) http://library8.municode.com/default-test/DocView/19980/1/195/202 6/30/2009

Docket for Case No: 09-001342

Orders for Case No: 09-001342