2022-12-15 V. A. #22-003-SE, Staff Report, Exhibit 1 22-003-SE
Special Exception Staff Report
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Applicant I CitySwitch II-A, LLC
Address 11117 NW 9th Street
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Prepared for The City of Okeechobee
MORRIS 1
DEPEW
Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
General Information
Owner: CSX Transportation INC
Applicant: CitySwitch II-A, LLC
Primary Contact: Kyle Lotze(770)-862-1034
Site Address: 1117 NW 9th Street
Parcel Identification: 3-16-37-35-0160-00110-0010(34413)
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.cityofokeechobee.com/apendas.html
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 0.14 acre development site
Future Land Use, Zoning, and Existing Use of Surrounding Properties
Future Land Use Zoning Existing Use
North Industrial Industrial Vacant
Remainder of subject
parcel is undeveloped,
East Industrial currently used for open
Industrial storage.To the east of the
subject property is single
family residential
FLUM does not provide
designation for railway parcel
South directly to the south,though it Industrial Railway
may be assumed to be
Industrial,consistent with the
zoning designation
(Unincorporated Okeechobee (Unincorporated
West Okeechobee County) Vacant
County) Industrial
Industrial-2
CITY OF OKEECHOBEE 1 MORRIS
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Special Exception December 7, 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 9`h 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 9`h 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. Approval of this request for a new freestanding communications tower will be
contingent upon approval by the Okeechobee City Council.
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 2 MORRIS
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Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
New freestanding communication towers shall not be allowed unless the applicant...
proposes the communication facility within the permitted city zoning 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 specific buildings are proposed at this time, only the tower, associated
equipment,access corridor, landscaping,and fencing.
(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
proposing perimeter landscaping, including a solid shrub hedge consistent with City LDC 90-
603(g).
(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
its citizens, especially in an emergency event.The proposed use will not be injurious to the area
CITY OF OKEECHOBEE 3 MORRIS
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Special Exception December 7, 2022
Staff Report 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: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 existing 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.
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)
CITY OF OKEECHOBEE 4 MORRIS
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Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
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.
(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 applicant has also stated an intent
to provide equipment for emergency service communications.
(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 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
or public welfare since such proposed use will not emit noise, dust, odor, or fumes, and will not
significantly increase traffic.
CITY OF OKEECHOBEE 5 MORRIS
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Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
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 depict perimeter fencing surrounded by landscape
screening in compliance with City LDC 90-603(f)and LDC 90-603(g).
(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 applicant's request does not include any residential density component.
(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 MORRIS
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Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
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:
1. City application including legal description of site;
Staff Comments: Provided.
2. 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.
3. Description of the tower, including technical reasons for its design;
Staff Comments:A project description is included in above referenced letter.
4. Site plan, including any accessory/shelter buildings, drawn to scale;
Staff Comments: Provided.A scaled site plan is submitted.
5. 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.
6. 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
CITY OF OKEECHOBEE MORRIS
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Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
for railroad equipment at the top of the tower and below the lowest antenna
array.
7. Proof of ownership of proposed site;
Staff Comments: Deed is provided listing CSX Transportation, Inc as owner.
8. Copies of any easements necessary; and
Staff Comments: Survey and legal description are provided, including listed
easements.
9. 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 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 OF OKEECHOBEE 8 MORRIS
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Special Exception December 7, 2022
Staff Report 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 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 required separation distances on an industrially zoned property with an
existing open storage use supporting the railway.
CITY OF OKEECHOBEE 9 MORRIS
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Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
Recommendation
Based on the materials and statements provided by the applicant and the foregoing analysis, we
recommend approval of this request subject to the following conditions:
1. 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 LDC 90-
540.
2. Plans shall be revised to provide total perimeter fence height of exactly 8 feet.
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.
7. 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).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.
Submitted by:
Ben Smith,AICP
Director of Planning
December 7, 2022
Okeechobee Board of Adjustment Hearing: October 20th, 2022
CITY OF OKEECHOBEE 10 MORRIS
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Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
Supplemental Exhibits
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CITY OF OKEECHOBEE 11 MORRIS I
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Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
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CITY OF OKEECHOBEE 12 MORRIS 1
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Special Exception December 7, 2022
Staff Report Petition No. 22-003-SE
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CITY OF OKEECHOBEE 13 MORRIS II 1
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