Placement: Resolutions / Quasi-Judicial Hearing
Action Requested: Motion / Vote
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Resolution 23-R125, Quasi-Judicial, Public Hearing, a Resolution Granting a Special Exception Use to Allow a 150 Foot Monopole Tower in the Master Planned Unit Development (MPUD) Zoning District per Section 2.C.1 of the Southern Grove MPUD Regulation Book and Section 158.213 of the Code of Ordinances for a Project Known as Southern Grove Baron Shoppes Tradition Cell Tower (P23-194).
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Submitted By: Bethany Grubbs, Planner III
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): This agenda item is an application for a special exception use to allow a 150-foot-tall monopole tower in the Master Planned Unit Development (MPUD) Zoning District, with a Mixed Use Area designation, per Section 2.C.1. of the Southern Grove MPUD Regulation Book and Section 158.213 of the Zoning Ordinances. The proposed cell tower will be located onsite along with the existing car wash.
Presentation Information: Staff will provide a presentation.
Staff Recommendation: Move that the Council approve the resolution as recommended by the Planning and Zoning Board with the following conditions of approval.
1. As required by Section 158.214 (O) of the Code of Ordinances, interference with the use of radio, television, or telephone broadcasting and reception, as a result of any approved tower or antennae, shall be considered a violation of the special exception approving the tower and may result in the revocation of the special exception. Such interference may further be considered a public nuisance, and the city may order abatement of the same including, but not limited to, requiring removal of the tower.
2. As required by Section 158.214 (M), any obsolete or unused tower shall be removed after twelve (12) months of non-use. A removal bond or irrevocable letter of credit equal to Fifteen thousand dollars ($15,000.00) shall be required prior to obtaining final site development permits.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the resolution.
2. Move that the Council deny the resolution and provide staff with direction.
Background: The proposed monopole tower is intended to address a significant gap in cellphone coverage in the Southern Grove and Tradition areas. The tower will accommodate up to four service carriers and enhance connectivity in the vicinity. The site is developed with a car wash facility, which was approved in 2020. The conceptual plan depicts the 150’ monopole and accompanying equipment within a 17 foot by 77 foot (1,309 S.F.) rectangular lease area at the northwest corner of the property.
The tower shall be designed by a licensed Florida State Professional Engineer meeting the respective building code criteria. The tower shall be designed and constructed such that in the event of a tower failure the tower shall collapse upon itself with a resultant tower fall zone radius which will be entirely on the leased tower area. The tower will resemble a light pole with the array located at the top, minimizing visual impact. The attached photo simulation provides a visual representation of the proposed monopole tower and its placement on the property.
• On May 7, 2024, the Planning and Zoning Board recommended approval of the special exception use application.
• On May 14, 2024, the applicant held a neighborhood meeting.
Issues/Analysis: See the attached staff report for the full project analysis.
Financial Information: N/A
Special Consideration: A removal bond or irrevocable letter of credit in the amount of $15,000 shall be required prior to obtaining final site development permits. Also, the United States Court of Appeals for the Second Circuit has upheld guidelines issued by the Federal Communications Commission (FCC) setting health and safety standards on radio frequency radiation (RFR) emissions and prohibiting local governments from considering health effects of cellular tower radiation in zoning decisions.
Location of Project: The 2.31-acre property is located south of SW Tradition Parkway, west of SW Village Commons, and east of SW Community Boulevard. The property’s address is 10870 SW Tradition Parkway.
Attachments:
1. Resolution
2. Staff Report
3. SEU Criteria Responses
4. Conceptual Site Plan
5. Landscape Plan
6. Engineered Photo Simulations
7. Engineer's Report - Design Specifications
8. Service Map
9. Tradition ARC - Approval Letter
10. Court of Appeals Case - FCC Health Affects
11. City Cell Tower Map (2019)
12. Warranty Deed
13. Staff Presentation
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 24137-05
Legal Sufficiency Review:
Reviewed by Russell Ward, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.