2022-10-20 22-003-SE Staff Report22-003-SE
Special Exception Staff Report
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Applicant I CitySwitch II -A, LLC
Address 1 1117 NW 9th Street
Prepared for The City of Okeechobee
Special Exception
Staff Report
General Information
Owner: CSX Transportation INC
Applicant: CitySwitch II -A, LLC
Primary Contact: Kyle Lotze (770)-862-1034
Site Address: 1117 NW 9t" Street
Parcel Identification: 3-16-37-35-0160-00110-0010 (34413)
October 13, 2022
Petition No. 22-003-SE
Note: For the legal description of the project or other information relating this application, please refer
to the application submittal package which is available by request at City Hall and is posted on the City's
website prior to the advertised public meeting at: https://www.citvofokeechobee.com/agendas.htmi
Future Land Use, Zoning, and Existing Use of Subject Property
Parcel Identification: Existing Proposed
3-16-37-35-0160-00110-0010
(34413)
Future Land Use Industrial Industrial
Zoning Industrial Industrial
Use of Property Open Storage Communications tower and
associated structures
Acreage 5.19 acres total parcel area 5.19 acres total parcel area
0.14 acre development site 10.14 acre development site
Future Land Use, Zoning, and Existing Use of Surrounding Properties
Future Land Use Zoning Existing Use
4 _ 1�-
North Industrial
East Industrial
FLUM does not provide
designation for railway parcel
South directly to the south, though it
may be assumed to be
Industrial, consistent with the
zoning designation
West (Unincorporated Okeechobee
County) Industrial
Industrial
(Unincorporated
Okeechobee County)
Industrial-2
Vacant
Remainder of subject
parcel is undeveloped,
currently used for open
storage. To the east of the
subject property is single
family residential
Railway
Vacant
CITY OF OKEECHOBEE _. MORRIS
DEPEW
Special Exception October 13, 2022
Staff Report Petition No. 22-003-SE
Description of Request and Existing Conditions
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. This request involves a parcel owned and
managed by CSX Transportation INC. 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 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.
Consistency with LDC Section 70-373
City LDC Section 70-373(b) requires that applicants for special exception requests must address the
following standards. The applicant has submitted responses to each standard, which are provided un-
edited below. Staff comments are also provided in response to the standards and the applicant's
responses.
(1) Demonstrate that the proposed location and site is appropriate for the use.
Applicant Response: The proposed tower will be located within the industrial zoning district on
parcel 3-16-37-35-0160-00110-0010 owned by CSX Transportation, Inc. Section 90-602 of the LDR
states that new freestanding communication towers are a permitted use within the Industrial
zoning districts. The intent of the city policy is to locate towers in largely industrial zones away
from residential areas; the proposed tower complies with this policy. The proposed location will
locate the tower inside of an industrial zoned area which will cause less visual impact to
surrounding residential properties.
Staff Comments: Communication towers are not specifically listed as a permitted use in the
industrial 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 industrial district maximum height standards that telecommunication towers are governed
by LDC 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 LDC Sections 90-601 through 90-
604. Section 90-602(c) provides the following:
CITY OF OKEECHOBEE MORRIS
DEPEW
Special Exception
Staff Report
October 13, 2022
Petition No. 22-003-SE
New freestanding communication towers shall not be allowed unless the applicant...
proposes the communication facility within the permitted cityzoning designations listed
as follows... Industrial...
The subject property and other properties surrounding the subject site are entirely designated
industrial, though residential uses exist in the vicinity, south of the railway and east of the
subject parcel. The proposed tower meets the separation requirements from residential parcels
and uses.
(2) Demonstrate how the site and proposed buildings have been designed so they are compatible
with the adjacent uses and the neighborhood.
Applicant Response: The proposed location will locate the tower inside of an industrial zoned area
which will cause less visual impact to surrounding residential properties and is compatible with
surrounding similar uses as light and heavy industry.
Staff Comments: No building proposed at this time, only the tower, access corridor and fencing.
All design requirements are met with the exception of landscaping.
(3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses.
Applicant Response: The proposed tower will be located in an area which is already industrial in
nature, with little to no screening for any other industrial use in the area. On the southern portion
of the railroad right-of-way adjoining the proposed tower site is an existing treeline which will
provide visual buffering between the tower location and the nearest residential properties as
shown in those enclosed Site Images.
Staff Comments: 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 LDC 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 LDC Section 90-603(g) must be addressed.
(4) Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public
nuisance generated by the use.
Applicant Response: The intent of the city policy is to locate towers in largely industrial zones
away from residential areas; the proposed tower complies with this policy. The proposed location
will locate the tower inside of an industrial zoned area which will cause less visual impact to
surrounding residential properties. In addition, the tower is designed such that, in the event of a
catastrophic failure, the tower would collapse within the tower compound. The presence of the
tower would be a value add to public welfare by allowing additional carriers to collocate antennas
onto the proposed tower to provide additional coverage to first responders, the community, and
CITY OF OKEECHOBEE 3 1 MORRIS
DEPEW
Special Exception October 13, 2022
Staff Report Petition No. 22-003-SE
its citizens, especially in an emergency event. The proposed use will not be injurious to the area
or public welfare since such proposed use will not emit noise, dust, odor, or fumes, and will not
significantly increase traffic.
Staff Comments: The subject property is zoned Industrial, which allows communication towers
above 45 feet tall as a special exception use. The proposed setback from the residential
dwellings located to the south and east that is greater than the required 200' setback from
surrounding uses. There are currently no other structures within the 160' fall radius.
(5) Demonstrate how the utilities and other service requirements of the use can be met.
Applicant Response: The only utility the proposed tower will require is power, which will be run
from the existing power pole in the public right-of-way, NW 9th St, as shown on sheet C-1 of the
enclosed zoning drawings.
Staff Comments: The proposed use will not create any significant utility or service demands.
(6) Demonstrate how the impact of traffic generated will be handled, off site and on site.
Applicant Response: The proposed tower will be unmanned and will not significantly increase
traffic as the only traffic will be from the initial tower construction and thereafter only monthly
routine maintenance.
Staff Comments: Staff agrees that the proposed use should not generate significant traffic that
would necessitate traffic impact analysis.
City LDC Section 70-373(c) provides a list of findings that the Board of Adjustment must address in its
determination to approve the request, deny the request, or approve the request with conditions. The
applicant has submitted responses to each finding, which are provided un-edited below. Staff comments
are also provided in response to the findings and the applicant's responses.
(1) The use is not contrary to comprehensive plan requirements.
Applicant Response: Section 90-602 of the LDR states that new freestanding communication
towers are a permitted use within the Industrial zoning districts. The intent of the city policy is to
locate towers in largely industrial zones away from residential areas; the proposed tower complies
with this policy.
Staff Comments: The proposed communications tower use is not contrary to comprehensive
plan requirements.
(2) The use is specifically authorized as a special exception use in the zoning district.
CITY OF OKEECHOBEE I MORRIS
MMMMM�WDEPEW
Special Exception
Staff Report
October 13, 2022
Petition No. 22-003-SE
Applicant Response: Section 90-602 of the LDR states that new freestanding communication
towers are a permitted use within the Industrial zoning districts. In addition, Section 90-603{e)
allows for a waiver from the required minimum separation distances in subsections (c) and (d)
through the special exception process. CitySwitch is requesting a waiver to the setback to a
residentially zoned property as further described in that Statement of Compliance enclosed.
Staff Comments: The proposed communication tower is allowable within the Industrial zoning
district as a special exception use.
(3) The use will not have an adverse effect on the public interest.
Applicant Response: The presence of the tower would be a value add to public welfare by allowing
additional carriers to collocate antennas onto the proposed tower to provide additional coverage
to first responders, the community, and its citizens, especially in an emergency event. The
proposed use will not be injurious to the area or public welfare since such proposed use will not
emit noise, dust, odor, or fumes, and will not significantly increase traffic.
Staff Comments: The proposed use provides communication services to the community and
should not have an adverse effect on the public interest. The proposed use will be subject to all
LDC required landscaping.
(4) The use is appropriate for the location proposed, is reasonably compatible with adjacent uses,
and is not detrimental to urbanizing land use patterns.
Applicant Response: Section 90-602 of the LDR states that new freestanding communication
towers are a permitted use within the Industrial zoning districts. The intent of the city policy is to
locate towers in largely industrial zones away from residential areas; the proposed tower complies
with this policy.
Staff Comments: The selected site is reasonably appropriate for this use, located in the
industrial zoning district with no other structures located within the 160' fall radius.
Surrounding properties are also zoned Industrial and the parent parcel is currently being used
for storage associated with the railroad. In this area adjacent to the railway, the proposed use
is not detrimental to urbanizing land use patterns.
(5) The use will not adversely affect property values or living conditions, nor be a deterrent to the
improvement or development of adjacent property.
Applicant Response: The intent of the city policy is to locate towers in largely industrial zones
away from residential areas; the proposed tower complies with this policy. The presence of the
tower would be a value add to public welfare by allowing additional carriers to collocate antennas
onto the proposed tower to provide additional coverage to first responders, the community, and
its citizens, especially in an emergency event. The proposed use will not be injurious to the area
CITY OF OKEECHOBEE 5 1 MORRIS
DEPEW
Special Exception
Staff Report
October 13, 2022
Petition No. 22-003-SE
or public welfare since such proposed use will not emit noise, dust, odor, or fumes, and will not
significantly increase traffic.
Staff Comments: Improved wireless communication service may improve living conditions in
the area. It is not clear whether development of this communication tower will be a deterrent
to the improvement or development of adjacent property.
(6) The use may be required to be screened from surrounding uses, to reduce the impact of any
nuisance or hazard to adjacent uses.
Applicant Response: The intent of the city policy is to locate towers in largely industrial zones
away from residential areas; the proposed tower complies with this policy. The proposed use will
not be injurious to the area or public welfare since such proposed use will not emit noise, dust,
odor, or fumes, and will not significantly increase traffic. On the southern portion of the railroad
right-of-way adjoining the proposed tower site is an existing treeline which will provide visual
buffering between the tower location and the nearest residential properties as shown in those
enclosed Site Images.
Staff Comments: The submitted plans do not address the LDC required perimeter landscaping.
It is recommended that compliance with landscape standards of 90-603(g) be a condition of
approval.
(7) The use will not create a density pattern that would overburden public facilities such as schools,
streets, and utility services.
Applicant Response: The proposed tower will be unmanned and will not significantly increase
traffic as the only traffic will be from the initial tower construction and thereafter only monthly
routine maintenance.
Staff Comments: The proposed use will not affect residential density.
(8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect
public safety.
Applicant Response: The proposed use will not be injurious to the area or public welfare since
such proposed use will not emit noise, dust, odor, or fumes, and will not significantly increase
traffic. In addition, the site will maintain positive drainage on site at all times.
Staff Comments: 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.
CITY OF OKEECHOBEE 6 1 MORRIS
DEPEW
Special Exception
Staff Report
October 13, 2022
Petition No. 22-003-SE
Consistency with LDC Section 90-603(e)
City LDC Section 90-603(e) requires that applicants for special exception requests pertaining to
communication towers address the following standards. The applicant has submitted responses to each
standard, which are provided un-edited below. Staff comments are also provided in response to the
standards and the applicant's responses.
1. Camouflaging techniques approved by the city are incorporated into the design of the
communication tower.
2. The tower is designed for the collocation of communication antennas for at least two communication
service providers.
3. The towers within the required separation distance are all located in an industrial zoning district as
a supplemental use.
4. 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.
Applicant Response: The proposed tower is a 150' monopole tower which must be setback from
a residentially zoned property 300% of tower height for a minimum of 450' setback. The tower is
currently proposed to be setback approximately 220' from the nearest residentially zoned
property to the south of the proposed tower site and approximately 360' to the nearest
residential structure as shown on sheet C-1.1 of the enclosed site drawings. CitySwitch
respectfully requests the separation requirement be reduced to 220' to residential districts as
currently designed. The tower is designed for four full cell service provider arrays as well as two
collocations for railroad equipment at the top of the tower and below the lowest antenna array
as depicted on sheet C-2 of the site drawings. The tower will be of monopole design with flush
mounted antennas and a galvanized steel gray finish to be as visually unobtrusive as possible. In
addition, the tower will be located in an industrial zone surrounded by properties that are
industrial with current industrial uses in the immediately surrounding areas. The proposed tower
design may be seen on sheet C-2 of the site drawings and further depicted in the enclosed Photo
Simulations prepared by Ignite Wireless.
Staff Comments: 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.
CITY OF OKEECHOBEE
7
MORRIS
DEPEW
Special Exception
Staff Report
Recommendation
October 13, 2022
Petition No. 22-003-SE
Based on the materials and statements provided by the applicant and the foregoing analysis, we
recommend approval of this special exception request subject to the following conditions:
1. 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.
2. Landscaping must be provided in conformance with LDC Section 90-603(g).
3. Submittal of FAA approval for proposed tower design/height.
4. The use of any portion of a tower for sign or advertising purposes including, without limitation,
company name, banner, or streamer is prohibited.
5. Per 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.
6. Per 90-603(r), certification of compliance with all current Federal Communication Commission
standards, including (FCC) nonionizing electromagnetic radiation (NIER), shall be submitted prior
to receiving final inspection by the building department.
Submitted by:
'J5-
Ben Smith, AICP
Director of Planning
October 13, 2022
Okeechobee Board of Adjustment Hearing: October 20th, 2022
CITY OF OKEECHOBEE
MORRIS
DEPEW
Special Exception
Staff Report
Supplemental Exhibits
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CITY OF OKEECHOBEE
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Special Exception
Staff Report
October 13, 2022
Petition No. 22-003-SE
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Exhibit B: Future Land Use Map
CITY OF OKEECHOBEE
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MORRIS�,
DEPEW
Special Exception
Staff Report
Exhibit C: Existing Land Use Map
October 13, 2022
Petition No. 22-003-SE
CITY OF OKEECHOBEE
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MORRIS
DEPEW