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2022-10-20 Handwritten NotesCITY OF OKEECHOBEE, FLORIDA OCTOBER 20, 2022, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY PATTY BURNETTE I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, October 20, 2022, at P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Mac Jonassaint Board Member David McAuley Alternate Board Member Jim Shaw Alternate Board Member Carl Berlin, Jr. City Attorney �fima 'Utaz Z' City Administrator Gary Ritter City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Keli Trimnal PRESENT ABSENT E. i - ;g< v 4 v M1(10V�Q.d�� ✓vim III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were nA.� B. Motion by Board Member _ I seconded by Board Member yllok� to approve the agenda as presented. SRfi� Chairperson Hoover Vice Chairperson McCoy _ , Board Members Baughmanae, Brass Chartier . ;` Jonassaint McAuley. Motion Carried/Denied. C. Chairperson Hoover asked whether there were any comment cards submitted for items not on the agenda. There were IZQ,Iru—. IV. MINUTES A. Motion by Board Member YVID 1k"-kLf seconded by Board Member ��W to dispense with the reading and approve the September 15, 2022, Board of Adjustment Regular Meeting minutes. Chairperson Hoover Vice Chairperson McCoy Board . Members Baughman " Brass Chartier Jonassaint—McAuley ✓ Motion Carried/Denied. Be.✓" V. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING Ali A. Special Exception Petition No. 22-003-SE requesting to waive the minimum separation from off -site uses, and to waive the separation distances between communication towers for a wireless telecommunication facility, in an Industrial (IND) Zoning District, (Ref. Code Sec. 90-603 (c)(d)(e)), located at 1117 NW 9th Street. 1. Notary Public Patty Burnette administered an oath to: Ryan WMq f�fm RoLkn 601p� P. Burnette Handwritten Minutes, October 20, 2022, Page 1 of 5 Gad'.. V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED flan _ KC y-s j'Vlovn �� C4 PY- vale W I acylc�bu 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly reviewed the Planning Staff Report for Special Exception Petition 22-003-SE. 'The request for consideration by the City of Okeechobee Board of Adjustment is a Special Exception to allow for a communication tower and associated structures. The request is for one parcel, totaling 5.19 acres, located at 1117 NW 9th Street. The Applicant is proposing development within the subject parcel of a 50-foot by 50-foot fenced compound that includes a communications tower, storage, and two electric service H- frames as well as a 30-foot by 120-foot access corridor between the compound and the northern property line fronting on NW 9th St. The combined area of proposed compound and access corridor within the subject property total_0.14 acres. Perimeter fencing of the compound is proposed. Color of tower will be flat black, blue, or grey. The total tower height including lightning rods is 160 feet. Because the height exceeds 45 feet, this use/structure is consi ere a specia exception use. The Applicant has submitted a concurrent application for site plan review by the City's Technical Review Committee. Approval of the site plan will be contingent upon approval of, and any conditions placed on, this special exception request by the City's Board of Adjustment. Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, communication towers are not specifically listed as a permitted use in the IND Zoning District regulations. However, "radio, television or cable reception, transmission or operational facilities" are listed as a permitted use and "permitted uses in excess of 45 feet in height" is listed under special exception uses. Additionally, it is stated under the IND district maximum height standards that telecommunication towers are governed by Land Development Regulations (LDR's) Section 90-601. It follows that all of Division 6 of Article IV of Chapter 90 should apply to the review of this request and the associated site plan. Division 6 is titled, "Communication Towers and Communication Antennas" and is comprised of LDR Sections 90-601 through 90-6104. Section 90-602(c) provides the following: new freestanding communication towers shall not be allowed unless the Applicant proposes the communication facility within the permitted city zoning designations listed as follow "Industrial". The proposed site contains no buildings being proposed at this time, only the tower, access corridor and fencing. All design requirements are met with the exception of landscaping. The base of the tower is setback 220' from the nearest residential parcel. The required setback for a 160' communications tower is a maximum of 200'. The Applicant is not proposing any additional landscaping other than what is already existing along the Southern property boundary. Per LDR Sec. 90-603(g), landscaping and buffering is required around the perimeter of the communication tower and accessory structures. Prior to site plan approval, those requirements outlined in LDR Sec 90-603(g) must be addressed. The proposed use will not create any significant utility or service demands. The proposed use should not generate significant traffic that would necessitate traffic impact analysis. Planning Staff's responses to the Applicant's presentation on the required findings are the requested use is not contrary to the City's Comprehensive Plan requirements. The proposed use is allowable with the IND Zoning District as a Special Exception Use. The proposed use provides communication services to the community and should riot have an adverse effect on the public interest. The proposed use will be subject to all LDR required landscaping. The subject site and location is reasonably appropriate for the proposed use and will not be detrimental to urbanizing land use patterns. Improved wireless communication service may improve living conditions in the area. It is riot clear whether development of this communication tower will be a deterrent to the improvement or development of adjacent property. The submitted plans do riot address the LDR required perimeter landscaping, it is recommended that compliance with landscape standards of LDR 90-603(g) be a condition of approval. The proposed use will not affect residential density. The proposed use should not affect traffic congestion, drainage or public safety. Existing drainage features are depicted on the plans and are not proposed to be altered at this time. P. Burnette Handwritten Minutes, October 20, 2022, Page 2 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED City LDR's Section 90-603(e) requires that Applicants for special exception requests pertaining to communication towers address the following standards. Camouflaging techniques approved by the city are incorporated into the design of the communication tower. The tower is designed for the collocation of communication antennas for at least two communication service providers. The towers within the required separation distance are all located in an industrial zoning district as a supplemental use. The proposed location will minimize the visual impact of the proposed communication tower due to the bulk height, use, or appearance of the adjacent structures and surrounding area. The provided plans depict a maximum of four cell service providers to be accommodated with this tower. The tower meets the required separation distances on an industrially zoned property with an existing open storage use supporting the railway. Based on the materials and statements provided by the Applicant and the foregoing analysis, staff recommends approval with the following conditions: Applicant must submit one consistent set of plans to be reviewed by the building official for conformance with applicable code. Should total structure height exceed 160' or a design other than monopole be proposed, plans may be subject to additional review by Board of Adjustment and/or Technical Review Committee. Landscaping must be provided in conformance with LDR Section 90-603(g). Submittal of Federal Aviation Administration (FAA) approval for proposed tower design/height. The use of any portion of a tower for sign or advertising purposes including, without limitation company name, banner, or streamer is prohibited. Per Sec. 90-603(p), if the use! of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to (1) Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (2) Dismantle and remove the tower. Per Sec. 90- 603(r), certification of compliance with all current Federal Communication Commission (FCC) standards, including FCC nonionizing electromagnetic radiation (NIER), shall be submitted prior to receiving final inspection by the building department. codil,� �lrttn l rn�.,rirn a�� �. � o� -. 'o qb de-fl) a JaA s � u.1a rUu�kd Q-�'..a,� — eee�,� rtfo/ �,�,`o�✓� 3. Wr. Kyle Lotze, Agerrt for City Switch II -A, LLC, on behalf of Property Owner, CSX Transportation Inc., was presenT"an­d_available for questions. paybul Q,I, aqsid a4b P. Burnette Handwritten Minutes, October 20, 2022, Page 3 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED haw Qti r" ;il � d Ku re. � G � (�Ti- T) 40werS are 'I .d ()hm q-4�e t's a c� q_his c-reA. is c� A t9t~�a, CS 1L VVS n • e Catklz `1� cam" is Gs x p,Z p.v� I over tO Q I m Pave OL eprU415 4. Ntypublic comments were offered. by AtlA1I 004- Ra' 0 q mtv-s CALAq ,PrTq- T, I S ou.f 0-PP1 n Cvv�,✓ i c 0-*_ �6 r A- MAID -iv oe r? OTC So e lie �h d have. lan6-s o pli� plan s" �- �� �xl . 5. No Ex-Parte disclosures were offered. B s 64 M AJ'111'. 1-7 (o PM 6. Motion by Board Member seconded by Board Member MOXVUto approve Special Exception Petition No. 22-003-SE as presented in [Exhibit i, which includes the standards and findings as required for granting Petitions per Code Section 70-373, and the Planning Consultant's analysis of the findings and recommendation for approval] with the following special conditions: Applicant must submit one consistent set of plans to be reviewed by the building official for conformance with applicable code. Should total structure height exceed 160' or a design other than monopole be proposed, plans may be subject to additional review by Board of Adjustment and/or Technical Review Committee. Landscaping must be provided in conformance with LDR Section 90-603(g). Submittal of Federal Aviation Administration (FAA) approval for proposed tower design/height. The use of any portion of a tower for sign or advertising purposes including, without limitation company name, banner, or streamer is prohibited. Per Sec. 90-603(p), if the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to (1) Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (2) Dismantle and remove the tower. Per Sec. 90-603(r), certification of compliance with all current Federal Communication Commission (FCC) standards, including FCC nonionizing electromagnetic radiation (NIER), shall be submitted prior to receiving final inspection by the building department. P. Burnette Handwritten Minutes, October 20, 2022, Page 4 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Chairperson Hoover Vice Chairperson McCoy P Board , Members Baughman - Brass Chartier Jonassaint \L'/, McAuley Motion Carried/Denied. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. CITY ADMINISTRATOR UPDATE VII. Chairperson Hoover adjourned the meeting at P.M. P. Burnette Handwritten Minutes, October 20, 2022, Page 5 of 5 CITY OF OKEECHOBEE, FLORIDA OCTOBER 20, 2022, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY KELI TRIMNAL I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, October 20, 2022, at J,,� ' _ P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE PRESENT ABSENT Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman L Board Member Karyne Brass Board Member Rick Chartier Gs Board Member Mac Jonassaint ✓ Board Member David McAuley Alternate Board Member Jim Shaw 1• �nn �rn, Alternate Board Member Carl Berlin, Jr. ✓ `-�"°' City Attorney Gloria Velazquez City Administrator Gary Ritter ✓ City Planning Consultant Ben Smith Board Secretary Patty Burnette ✓ General Services Secretary Keli Trimnal �L III. AGENDA A. Chairperson Hoover asked whether the r were any agenda items to be added, deferred, or withdrawn. There were N���: B. Motion by Board Member seconded by Board Member to approve the agenda as presented. Chairperson Hoover Vice Chairperson McCoy Board Members Baughman , Brass Chartier Jonassaint McAuley Motion arried/Denied. C. Chairperson Hoover asked whether there were any comment cards submitted 'for items not on the agenda. There were 0 h> 0( IV. MINUTES A. Motion by Board Member C seconded by Board Member —1,0 V: _ to dispense with the reading and approve the September 15, 2022, Board of Adjustment Regular Meeting minutes. Chairperson Hoover Vice Chairperson McCoy Board Members Baughman , Brass Chartier Jonassaint McAuley Motion Carried/Denied. V. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT A. Special Exception Petition No. 22-003-SE requesting to waive the minimum separation from off -site uses, and to waive the separation distances between communication towers for a wireless telecommunication facility, in an Industrial (IND) Zoning District, (Ref. Code Sec. 90-603 (c)(d)(e)), located at 1117 NW 9th Street. 1. Notary Public Patty Burnette administered an oath to: K. Trimnal Handwritten Minutes, October 20, 2022, Page 1 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly reviewed the Planning Staff Report for Special Exception Petition 22-003-SE. The request for consideration by the City of Okeechobee Board of Adjustment is a Special Exception to allow for a communication tower and associated structures. The request is for one parcel, totaling_ 5.19 acres, located at 1117 NW 9th Street. The Applicant is__ proposing development within the subj-e-Ct`parcel of a 50-foot by 50-foot fenced compound that includes a communications tower, storage, and two electric service H- frames as well as a 30-foot by 120-foot access corridor between the compound and the northern property line fronting on NW 9th St. The combined area of proposed compound and access corridor within the subject property total 0.14 acres. Perimeter -- fenci_of the compound is proposed. Color of tower will be flat black, blue, or grey. The total tower height including lightning rods is 160 feet. Because the height exceeds 45 feet, this use/structure is considered a special exception use. The Applicant has submitted a concurrent application for site plan review by the City's Technical Review Committee. Approval of the site plan will be contingent upon approval of, and any conditions placed on, this special exception request by the City's Board of Adjustment. Planning Staff's responses to the Applicant's presentation on consistency with LDR's are, communication towers are not specifically listed as a permitted use in the IND Zoning District regulations. However, "radio, television or cable reception, transmission or operational facilities" are listed as a permitted use and "permitted uses in excess of 45 feet in height" is listed under special exception uses. Additionally, it is stated under the IND district maximum height standards that telecommunication towers are governed by Land Development Regulations (LDR's) Section 90-601. It follows that all of Division 6 of Article IV of Chapter 90 should apply to the review of this request and the associated site plan. Division 6 is titled, "Communication Towers and Communication Antennas" and is comprised of LDR Sections 90-601 through 90-604. Section 90-602(c) provides the following: new freestanding communication towers shall not be allowed unless the Applicant proposes the communication facility within the permitted city zoning designations listed as follow "Industrial". The proposed site contains no buildings being proposed at this time, only the tower, access corridor and fencing. All design requirements are met with the exception of landscaping. The base of the tower is setback 220' from the nearest residential parcel. The required setback for a 160' communications tower is a maximum of 200'. The Applicant is not proposing any additional landscaping other than what is already existing along the Southern property boundary. Per LDR Sec. 90-603(g), landscaping and buffering is required around the perimeter of the communication tower and accessory structures. Prior to site plan approval, those requirements outlined in LDR Sec 90-603(g) must The ► addressed. The proposed use will not create any significant utility or service demands. The proposed use should not generate significant traffic that would necessitate traffic V�<b impact analysis. n Planning Staff's responses to the Applicant's presentation on the required findings are t the requested use is not contrary to the City's Comprehensive Plan requirements. The kqc)(� proposed use is allowable with the IND Zoning District as a Special Exception Use. The proposed use provides communication services to the community and should riot have an adverse effect on the public interest. The proposed use will be subject to all LDR required landscaping. The subject site and location is reasonably appropriate for �i the proposed use and will not be detrimental to urbanizing land use patterns. Improved wireless communication service may improve living conditions in the area. It is riot clear whether development of this communication tower will be a deterrent to the improvement or development of adjacent property. The submitted plans do riot address the LDR required perimeter landscaping, it is recommended that compliance with landscape standards of LDR 90-603(g) be a condition of approval. The proposed use will not affect residential density. The proposed use should not affect traffic congestion, drainage or public safety. Existing drainage features are depicted on the plans and are not proposed to be altered at this time. K. Trimnal Handwritten Minutes, October 20, 2022, Page 2 of 5 910 £ G5ed `ZZOZ `OZ aago}op `solnuin uGPJmpueH leuuaul .N 'suoilsenb aoj algel!ene pue juasaid seen `-oul uoile}iodsueal XSa `aaunnp Aljadoad jo llegaq uo `o�-1 `y-II goj!mS Aj!a aol }uabV `azio-i '9141 'aW 'E -,� iAi -V 4PP quawlaedop 6uipl!nq aqj Aq uoijoadsu! leu!l 6Ulnlaoaa of aoiad pajj!wgns aq llegs `(TIN) uollelpei o!jaubewoajoala 6u!z!uoiuou aad 6u!pnlou! `spaepuels (00j) uoussiwwoa uoijeolunwwoa Ieaapad juaaano lie qj!m aoueildwoo jo uo!jeo!j!:p90 `(a)£09 -06 -DOS aad _aannoj aLIJ anowaa pue alJuews!a (Z) ao `aamol ay} jo asn lenjoe say ew oq,m aojeaado/jaunno aagjoue of aannol aqj aaisuejl ao aamol aqj jo asn eqj ajen!Joea�I (l,) 01 golgnn ulgl!nn SAep 081, Ieuo!}!ppe ue aneq Ilegs aannol aqj jo aojeaado/aaunno aq-1 `}uawuopuege Bons uodn -pauopuege uaaq aneq of poweap aq llegs aamol agl `SAep anilnoasuoo 09 L jo pouad e aol panuiluoos!p uaaq seq aamol uoijeo!unwwoo Aue jo asn aqj j! `(d)£09-06 'DOS aad pal!q!gojd si aaweaals ao `aauueq `oweu Auedwoo uoijej!w!l Inogj!nn `buipnloui sasodind 6uisijaanpe ao u6is aol jannol e jo uoiliod Aue jo asn au 1gI5ioq/u6!sap aannol pasodoad aol lenoadde (yyj) uo!lealsiu!wpy u011e1ny ieaapaJ ;o lejj!wgnS '(6)£09-06 u0113aS yak Qm a0uewa01uoo u, pap!noid aq Isnw 6uideospue-1 aall!wwoa nna!na�{ leo!ugoal ao/pue juawisnfpy jo paeo8 Aq nna!naa leuo!j!ppe of joafgns aq Aew sueld `pasodoad aq elodouow uegj aagjo ubisap e �io 09L paeoxe jg6!aq ainjona}s Iejol pinogS -apoo algeo!ldde qj!m aouewiojuoo jol lelo!jjo 6u!pl!nq aqj Aq panna!naa aq of sueld jo jas juals!suoo auo j!wgns Isnw jueo!lddy :suo!l!puoo 6uinn01101 agJ gj!nn lenoadde spuawwooaa }4els `slsAleue 6uio6aao} aqj pue }ueoilddy aqj Aq pap!noid sjuawale}s pue sleuajew aq} uo pase8 -Aeml!ea eqj bu!}aoddns asn 96eaols uado 6uilsixe ue gl!nn Aliadoid pauoz Alleulsnpui ue uo seouelslp uoi}eaedas paa!nbai aqj slaaw aannol aql -aamol slgj qj!m palepoww000e aq o} saap!noid aoinaas llao inoj;o wnwlxew e joldap sueld pap!noid aql -eaae 6ulpunoaans pue sainjonals luaoefpe aqj jo aoueaeadde ao `asn `jg6!aq � Inq aqj of anp aanno} uoijeo!unwwoo pasodoad aqj jo }oedwi lens!n aqJ az!wluiw II!M uoijeooi pasodoad aq_L -asn Iejuawalddns a se }ouIslp 6uluoz leiiisnpui ue ui pajeool Ile aje aouelslp uoijeaedas paa!nbai aqj uig1!m siamol eqj_ .saap!noad aoinaas uoijeolunwwoo oml Iseal le aol seuuajue uo!leoiunwwoo jo uo!jeooiloo aql jol paubisap si aann01 agl 'aannoj uoijeolunwwoo aqj jo ub!sap aqj ojui paleaodaooui aie Aj!o aqj Aq panoidde sanbiugoaj 6uibeljnowea -spiepuels bu!nnolloj aqj ssaappe siannol uoijeo!unwwoo of bu!u!elaad s1sanbai uoildeoxe leloads ao; slueo!lddy 1egj saalnbai (9)£09-06 u040aS s,2Jai Ain 43nNIlNOO V Mil 0NI1:IV3H onand ivlolan -isvn0 .n V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 40 ,A VJOJ�V\tc at m Y" k-(4 -- �,SVt� I a bad-- 4 ,� -eve- ik- d b�� Q_G_,L w� Y 4. No public comments were offered. ` �V k 1� ��V 5. No Ex-Parte disclosures were offered. PX0, ss �Ace ,J-q 6. Motion by Board Member seconded by Board Member to approve Sp: (2M- x-oeption Petition No. 22-003-SE as presented in [Exhibit 1, which includes the standards and findings as required for granting Petitions per Code Section 70-373, and the Planning Consultant's analysis of the findings and recommendation for approval] with the following special conditions - Applicant must submit one consistent set of plans to be reviewed by the building official for conformance with applicable code. Should total structure height exceed 160' or a design other than monopole be proposed, plans may be subject to additional review by Board of Adjustment and/or Technical Review Committee. Landscaping must be provided in conformance with LDR Section 90-603(g). Submittal of Federal Aviation Administration (FAA) approval for proposed tower design/height. The use of any portion of a tower for sign or advertising purposes including, without limitation company name, banner, or streamer is prohibited. Per Sec. 90-603(p), if the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to (1) Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower, or (2) Dismantle and remove the tower. Per Sec. 90-603(r), certification of compliance with all current Federal Communication Commission (FCC) standards, including FCC nonionizing electromagnetic radiation (NIER), shall be submitted prior to receiving final inspection by the building department. K. Trimnal Handwritten Minutes, October 20, 2022, Page 4 of 5 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Chairperson Hoover Vice Chairperson McCoy Board Members Baughman , Brass , Chartier Jonassaint McAuley . Motion Carried/Denied. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. CITY ADMINISTRATOR UPDATE VII. Chairperson Hoover adjourned the meeting at r P.M. 4%" eCE�hUm I c. �. poneh� C�A U�A " rn -AvLo '1 oLot✓ "in4: �) P y0td }Jq aye acJLWCII� K. Trimnal Handwritten Minutes, October 20, 2022, Page 5 of 5