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2022-12-15 Handwritten Minutes CITY OF OKEECHOBEE, FLORIDA DECEMBER 15, 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, December 15, 2022, at 1:f 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 Moved to Voting Madam Chairperson Dawn Hoover Vice Chairperson Doug McCoy V Board Member Phil Baughman Board Member Karyne Brass V Board Member Rick Chartier Board Member Mac Jonassaint Board Member (VACANT) Alternate Board Member Jim Shaw Alternate Board Member Carl Berlin, Jr. —T City Attorney Gloria Velazquez City Administrator Gary Ritter . City Planning Consultant Ben Smith Board Secretary Patty Burnette General Services Secretary Keli Trimnal III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were ry i.,... B. Motion by Board Member Ciho'he.✓' seconded by Board Member a(1i ►mLW i to approve the agenda as presented. • Chairperson Hoover Vice Chairperson McCoy p p , Board Membej;sBaughman , Brass_ , Chartier 1.(Jonassaint v , ;, VjJ..A, . / . Motion `Carried/Denied. C. Chairperson Hoover asked whether there were any comment cards submitted for items not on the agenda. There were (11 ._ . IV. MINUTES A. Motion by Board Member Ma-C- , seconded by Board Member 111C.b)\, to dispense with the reading and approve the November 17, 2022, Board of Adjustment Regular Meeting minutes. • • Chairperson Hoover , Vice Chairperson McCoy ✓ , Board Members Baughman Brass , Chartier Jonassaint . Motion Carried/Denied. V. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT G . A. Deferred from the November 17, 2022, meeting, Special Exception Petition No. 22-003- SE which requests 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: 5► -t�. O5 .�uc.S Lass c, ® iv. Pathy tfrthil . Meitrssa Wum 5a h Patty Bu'rnette Handwritten Minutes. December 15, 2022, Page 1 of 9Z V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Pg. 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly See, explained this application was continued from the November 17, 2022, meeting to allow gb-/Aot time for the City Attorney, Planner, and staff to review the documents received on November 22, 2022. The request for consideration by the City of Okeechobee Board of Adjustment is a Special Exception to allow for a communication tower and associated 0vtoo4 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, landscaping 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. The City's Technical Review Committee, reviewed the site plan submitted for this request and recommended approval with several conditions. The latest site plan and additional documents submitted by the Applicant have satisfied some of those requirements, with Staff's remaining recommended conditions for approval provided at the end of this report. 'S Approval of this request for a new freestanding communications tower will be contingent .t-+►�,, /�, ' upon approval by the Okeechobee City Council. . ,' pr ,,n '(,uts1 flia Q, re orr to t at_#LcoL `"�D �-�1, �-�+�r (lMl.- ?T� G P✓I. Sb �iCm'""Planning Staff's responses to the Applicant's presentation on consistency with Land '� Development Regulations (LDR) 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 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". No specific buildings are proposed at this time, only the tower, associated equipment, access corridor, landscaping, and fencing. 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 proposing perimeter landscaping, including a solid shrub hedge consistent with City LDR 90-603(g). Proposed use will not create any significant utility or service demands. There are currently no other existing structures within the 160' fall radius. 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 communication tower is allowable within the IND Zoning District. The proposed use provides communication services to the community and should not have an adverse effect on the public interest. The Applicant has also stated an intent to provide equipment for emergency service communications. 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 not clear whether development of this communication tower will be a deterrent to the improvement or development of adjacent property. The submitted plans depict perimeter fencing surrounded by landscape screening in compliance with City LDR 90- 603(f)(g) be a condition of approval. The Applicant's request doesn't include any 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. Patty Burnette Handwritten Minutes, December 15, 2022, Page 2 of 9- V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 1. Consistency with LDC Section 90-602(c) City LDC Section 90-602(c) provides application requirements and standards for approval of new freestanding communication facilities.The following is staff's review of the completeness of the applicant's submittal according to the requirements and a review of submittal's compliance with the standards: 90-602(c): New freestanding communication towers shall not be allowed unless the applicant: (1) Proposes the communication facility within the permitted city zoning designations listed as follows... Industrial; Public; and Heavy commercial (by special exception only). Staff Comments: The zoning designation of the subject property is Industrial, which is listed as an appropriate category for new freestanding communication towers. (2) Secures approval from the city council, through the normal development review and public hearing process upon showing: a. Completion of application requirements: 2. City application including legal description of site; Staff Comments: Provided. 3. Letter of intent of facility; Staff Comments: A letter is submitted; Dated June 24, 2022; RE: Okeechobee/FLCO34— Statement of Compliance with the City of Okeechobee Zoning Ordinance; From Abby Mazzetti,SVP &Chief Operating Officer of CitySwitch II-A, LLC. 4. Description of the tower, including technical reasons for its design; Staff Comments:A project description is included in above referenced letter. 5. Site plan, including any accessory/shelter buildings, drawn to scale; Staff Comments: Provided.A scaled site plan is submitted. 6. Landscape buffering and fencing around proposed communication facility; Staff Comments: An updated plan set was provided on November 22, 2022, including landscape plan complying with City LDC 90-603(g). However, shrub species selection does not comply with City LDC 90-540. Landscape plan shall be revised to provide state native very drought tolerant shrub species as listed in the South Florida Water Management District Xeriscape Plant Guide. Plans depict fencing in compliance with City LDC 90-603. However, total fence height exceeds 8 feet, which does not comply with City LDC 90-639. Plans shall be revised to provide total fence height of exactly 8 feet. 7. General capacity of the tower; Staff Comments: The applicant's above referenced letter states that 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. 8. Proof of ownership of proposed site; Staff Comments: Deed is provided listing CSX Transportation, Inc as owner. 9. Copies of any easements necessary; and Staff Comments:Survey and legal description are provided, including listed easements. 10. Visual study of the area showing where within a one mile radius any portion of the proposed tower may be seen. Staff Comments: Ground level site images, and images from the surrounding area are provided. b. Demonstrated need or demand for the communication facility. Staff Comments:It is not clear that the Applicant has demonstrated need for the communication facility, as there is opportunity for AT&T to retain their current lease and maintain their 4tt equipment on the SBA tower. However, statements are provided by CitySwitch and AT&T ror/f explaining existing demand for this facility. Based on these statements, it is clear that AT&T desires to locate communications equipment on this tower. According to statements provided Patty Burnette Handwritten Minutes, December 15, 2022, Page 3 of 9'. "3—• V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED by the Applicant to the City's Technical Review Committee, CSX is also likely to place communications equipment on this tower. es (S Ci ncrhrap,i G-h f del„o ,4 . c. Compliance with FCC technical emission standards. Staff Comments:A letter is provided from AT&T,signed by Engineer George Brussen,dated July 27, 2022, stating that the proposed tower facility is in compliance with all applicable FCC requirements. d. Compliance with the performance and construction standards listed in section 90-603. Staff Comments:The latest plans submitted by the applicant are in general compliance with City LDC 90-603. See proposed conditions below which will provide total compliance, once agreed to by applicant. e. Compliance with any additional requirements as set forth by the city council. Staff Comments:Council has not set forth additional requirements at this time.Okeechobee City Council shall provide final determination of approval, denial, or approval with conditions for proposed freestanding communication tower per City LDC 90-602(c)(2). 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 Applicant's written statements indicate that 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. The submitted plans confirm this statement. The tower meets the require 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 of this request subject to the following conditions: Landscape plan shall be revised to provide state native very drought tolerant shrub species as listed in the South Florida Water Management District Xeriscape Plant Guide per City LDR Section 90-540. Plans shall be revised to provide total perimeter fence height of exactly 8 feet. 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. Okeechobee City Council shall provide final determination of approval, denial, or approval with conditions for proposed freestanding communication tower per City LDR's Section 90-602(c)(2). Approval of the site plan will be contingent upon approval of, and any conditions placed on, this request for a new freestanding communications tower by the Okeechobee City Council. feeeive 14 rt. p t iwa°ct , piv'. l ed rl9h,1- be=fir /�l . Mr. Kyle Lotze�for City Switch II-A, LLC, on behalf of Property Owner, CSX (Transportation Inc., was present and available for questions. crao\i/ Y l -1&VI Burt) .P.A ,t 6-N.t ->Lr, 11)PICkP ( prt p 5 ,1j:j-U-1 \11)\e1(4) 61-6(q&-I-res ts -kwo- 6 frvalo OLKt twat 6iAs eel aA"`° Patty Burnette Handwritten Minutes, December 15, 2022, Page 4 of 9's1, V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Mee .azc;16 04 i P9 s1 SBA sae, Kup is pa-vr hac, IS"s u ei Mat 136'61's u 5 ✓� des P n s its bJ by -�=ttin G� , �c u,- �t Atres ft -real 06 l°� l Kitt T W,e• c3ICOArA1 Patty Burnette Handwritten Minutes, December 15, 2022, Page 5 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 4. ire1te-eQmments were offered.- I`nt l lSsa. � �.� %, �s� o-F �_a�apl�ea 14(A Inns an ) rJ&ed i n kitsf , a i regl u,r� la-e- mad , hoGv , n.6-- &Ink Sii)f4--- b c--4.6 a i-D ynu.ton - Iaas- ,4. -S nb+ Yu d- I DkeAre a 9� . 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MQ,tion b Board Member , seconded by Board Member a,,riev ' to-ap-prove Special Exception 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: Landscape plan shall be revised to provide state native very drought tolerant shrub species as listed in the South Florida Water Management District Xeriscape Plant Guide per City LDR Section 90-540. Plans shall be revised to provide total perimeter fence height of exactly 8 feet. Submittal of 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 FCC standards, including FCC NIER, shall be submitted prior to receiving final inspection by the building department. Okeechobee City Council shall provide final determination of approval, denial, or approval with conditions for proposed freestanding communication tower per City LDR Section 90-602(c)(2). Approval of the site plan will be contingent upon approval of, and any conditions placed on, this request for a new freestanding communications tower by the Okeechobee City Council. S d a ppa .Q lb of PI Q.n� I n`� si f+ po✓f a w ll Co t� 6� �� 9 fl2 Patty Burnette Handwritten Minutes, December 15, 2022, Page 8-ofT V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Chairperson Hoover yr , Vice Chairperso9 McCoy, Board Members Baughman I‘ ', Brass__, Chartier ✓, Jonassaint a.0VI , Motion Carried/Denied. V. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. CITY ADMINISTRATOR UPDATE 1 v few O-F /1tem O euettlift6livt is a_ d a.. Vi.SS 10v✓c4 tbtlat`�' -Foy— to /in C O1.L.vt Cc11 Cirva I�►� tin vt �.G�-�'s P '''4 1-v c:t ' (/ na li.t b2 re c\s q-Dyass ileee� 6 d. h ara . Ca.N lot e f f ec h ve a-S 01,1e,r1 r atvtit a t I( s 0 1 a.1- - VII. Chairperson Hoover adjourned the meeting at -7° I ( P.M. maoe� Patty Burnette Handwritten Minutes, December 15, 2022, Page 9-e#-9 CITY OF OKEECHOBEE, FLORIDA DECEMBER 15, 2022, BOARD OF ADJUSTMENT MEETING HANDWRITTEN MINUTES BY KELI TRIMNAL CALL TO ORDER Chairperson Hoover called the regular meeting of the Board of Adjustment for the City of Okeechobee to order on Thursday, December 15, 2022, at to. 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 Moved to Voting Madam 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 (VACANT) Alternate Board Member Jim Shaw ✓ 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 III. AGENDA A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or withdrawn. There were . B. Motion by Board Members-t"' seconded by Board Member to approve the agenda as presented. Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Brass. , Chartier , Jonassaint , (/ . Motion Carried/Denied. C. Chairperson Hoover asked whether there were any comment cards submitted for items not on the agenda. There were 1,) '6`0 -- IV. MINUTES A. Motion by Board Member (Ott t seconded by Board Member VA t t �I to dispense with the reading and approve the November 17, 2022, Board of Adjustment Regular Meeting minutes. Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Brass. , Chartier , Jonassaint , / . Motion Carried/Denied. V. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT A. Deferred from the November 17, 2022, meeting, Special Exception Petition No. 22-003- SE which requests 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: Y0G4-oo j3ev5 rn� = � ��r,jo� Ir-as 100m Keli Trimnal Handwritten Minutes, December 15, 2022, Page 1 of 9 Nal ! P3 O Uu,Y ., V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED (k) 0.) _ Vit_ jv *V4 - -� �t ram, &) �r �J of-ervi . �✓ ,��� l P 41-w 2. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc. briefly explained this application was continued from the November 17, 2022, meeting to allow time for the City Attorney, Planner, and staff to review the documents received on November 22. 2022. 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, landscaping 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. The__ City's Technical Review Committee, reviewed the site plan submitted for this request and recommended approval with several conditions. The latest site plan and additional documents submitted by the Applicant have satisfied some of those requirements, with Staff's remaining recommended conditions for approval provided at the end of this report. C Approval of this request for a new freestanding communications tower will be contingent %� upon approval by the Okeechobee City Council. Planning Staff's responses to the Applicant's presentation on consistency with Land Development Regulations (LDR) 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 90-CG, telecommunication towers are governed by 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 4, t associated site plan. Division 6 is titled, "Communication Towers and Communication 7 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". No specific buildings are proposed at this time, only the tower, associated equipment, access corridor, landscaping, and fencing. 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 proposing perimeter landscaping, including a solid shrub hedge consistent with City LDR 90-603(g). Proposed use will not create any significant utility or service demands. There are currently no other existing structures within the 160' fall radius. 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 communication tower is allowable within the IND Zoning District. The proposed use provides communication services to the community and should not have an adverse effect on the public interest. The Applicant has also stated an intent to provide equipment for emergency service communications. 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 not clear whether development of this communication tower will be a deterrent to the improvement or development of adjacent property. The submitted plans depict perimeter fencing surrounded by landscape screening in compliance with City LDR 90- 603(f)(g) be a condition of approval. The Applicant's request doesn't include any 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. Keli Trimnal Handwritten Minutes, December 15, 2022, Page 2 of 9 L____2 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 1. Consistency with LDC Section 90-602(c) \� City LDC Section 90-602(c) provides application requirements and standards for approval of new freestanding .{� communication facilities.The following is staffs review of the completeness of the applicant's submittal according to the requirements and a review of submittal's compliance with the standards: 90-602(c): New freestanding communication towers shall not be allowed unless the applicant: (1) Proposes the communication facility within the permitted city zoning designations listed as follows... Industrial; Public; and Heavy commercial (by special exception only). Staff Comments:The zoning designation of the subject property is Industrial, which is listed as an appropriate category for new freestanding communication towers. (2) Secures approval from the city council, through the normal development review and public hearing process upon showing: a. Completion of application requirements: ' \ 2. City application including legal description of site; Q9 PStaff Comments: Provided. Ilk., `^Yk 3. Letter of intent of facility; 0 0 Staff Comments: A letter is submitted; Dated June 24, 2022; RE: Okeechobee/FLCO34— 4 Statement of Compliance with the City of Okeechobee Zoning Ordinance; From Abby \r Mazzetti, SVP& Chief Operating Officer of CitySwitch II-A, LLC. 4. Description of the tower, including technical reasons for its design; e c Staff Comments:A project description is included in above referenced letter. 5. Site plan, including any accessory/shelter buildings, drawn to scale; Staff Comments: Provided. A scaled site plan is submitted. 4.4,ittfro 6. Landscape buffering and fencing around proposed communication facility; VC �� Staff Comments: An updated plan set was provided on November 22, 2022, including ,,� landscape plan complying with City LDC 90-603(g). However, shrub species selection w � does not comply with City LDC 90-540. Landscape plan shall be revised to provide state (�' native very drought tolerant shrub species as listed in the South Florida Water Management District Xeriscape Plant Guide. 1� iN‘xcir Plans depict fencing in compliance with City LDC 90-603. However, total fence height i, � ` exceeds 8 feet, which does not comply with City LDC 90-639. Plans shall be revised to �i 'V ! provide total fence height of exactly 8 feet. / F �A.004. �C7. General capacity of the tower; CA �J V Staff Comments: The applicant's above referenced letter states that the tower is r,)" / 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. l 8. Proof of ownership of proposed site; `,✓ e Staff Comments: Deed is provided listing CSX Transportation, Inc as owner. 9. Copies of any easements necessary; and tStaff Comments:Survey and legal description are provided, including listed easements. 10. Visual study of the area showing where within a one mile radius any portion of the proposed tower may be seen. Staff Comments: Ground level site images, and images from the surrounding area are provided. b. Demonstrated need or demand for the communication facility. Staff Comments:It is not clear that the Applicant has demonstrated need for the communication facility, as there is opportunity for AT&T to retain their current lease and maintain their equipment on the SBA tower. However, statements are provided by CitySwitch and AT&T explaining existing demand for this facility. Based on these statements, it is clear that AT&T desires to locate communications equipment on this tower. According to statements provided Keli Trimnal Handwritten Minutes, December 15, 2022, Page 3 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED by the Applicant to the City's Technical Review Committee, CSX is also likely to place communications equipment on this tower. c. Compliance with FCC technical emission standards. Staff Comments:A letter is provided from AT&T,signed by Engineer George Brussen, dated July 27, 2022, stating that the proposed tower facility is in compliance with all applicable FCC requirements. d. Compliance with the performance and construction standards listed in section 90-603. Staff Comments:The latest plans submitted by the applicant are in general compliance with City LDC 90-603. See proposed conditions below which will provide total compliance, once agreed to by applicant. e. Compliance with any additional requirements as set forth by the city council. Staff Comments:Council has not set forth additional requirements at this time.Okeechobee City Council shall provide final determination of approval, denial, or approval with conditions for proposed freestanding communication tower per City LDC 90-602(c)(2). 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 Applicant's written statements indicate that 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. The submitted plans confirm this statement. The tower meets the require 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 of this request subject to the following conditions: Landscape plan shall be revised to provide state native very drought tolerant shrub species as listed in the South Florida Water Management District Xeriscape Plant Guide per City LDR Section 90-540. Plans shall be revised to provide total perimeter fence height of exactly 8 feet. 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. Okeechobee City Council shall provide final determination of approval, denial, or approval with conditions for proposed freestanding communication tower per City LDR's Section 90-602(c)(2). Approval of the site plan will be contingent upon approval of, and any conditions placed on, this request for a new freestanding communications tower by the Okeechobee City Council. 3. Mr. Kyle Lotze, Agent for City Switch II-A, LLC, on behalf of Property Owner, CSX Transportation Inc., was present and available for questions. Keli Trimnal Handwritten Minutes, December 15, 2022, Page 4 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Keli Trimnal Handwritten Minutes, December 15, 2022, Page 5 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED 4. No public comments were offered. 5. No Ex-Parte disclosures were offered. Keli Trimnal Handwritten Minutes, December 15, 2022, Page 6 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Keli Trimnal Handwritten Minutes, December 15, 2022, Page 7 of 9 6. Motion by Board Member , seconded by Board Member 'A\ to approve Special Exception 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: Landscape plan shall be revised to provide state native very drought tolerant shrub species as listed in the South Florida Water Management District Xeriscape Plant Guide per City LDR Section 90-540. Plans shall be revised to provide total perimeter fence height of exactly 8 feet. Submittal of 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 FCC standards, including FCC NIER, shall be submitted prior to receiving final inspection by the building department. Okeechobee City Council shall provide final determination of approval, denial, or approval with conditions for proposed freestanding communication tower per City LDR Section 90-602(c)(2). Approval of the site plan will be contingent upon approval of, and any conditions placed on, this request for a new freestanding communications tower by the Okeechobee City Council. ,pi &K„,„, q rsauc6LtrIA,. 44I 04-046) jx°D _S-10 pr 04:64- � `ir� R \vs, C ' .43c F� a Keli Trimnal Handwritten Minutes, December 15, 2022, Page 8 of 9 V. QUASI-JUDICIAL PUBLIC HEARING ITEM A CONTINUED Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman , Brass_ , Chartier , Jonassaint , / , Motion Carried/Denied. V. CHAIRPERSON HOOVER CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT VI. CITY ADMINISTRATOR UPDATE Ca o . O t),, ji\A,,Y,) - �- n- aLs4v6bat- �p�1 QALV5 & j11 L it �, a 4- feu v Acu d �_ !� Lit �-1is p VII. Chairperson Hoover adjourned the meeting at P.M. Keli Trimnal Handwritten Minutes, December 15, 2022, Page 9 of 9