HomeMy WebLinkAbout013015 - DRC - FPL Ryder SubstationCITY OF PALM BEACH GARDENS
MEMORANDUM
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TO: Ross Gilmore, GIS Department
Mark Hendrickson, Forestry Division
Geoffrey Soule, Police Department
Dave DeRita, Fire Rescue
Scott Danielski, Building Official
Todd Engle, Engineering Department
Bruce Gregg, Seacoast Utility Authority
Via PBG Email:
Patty Snider, City Clerk
Ray Ellis, Deputy City Clerk
Kenthia White, Municipal Services Coordinator
Jack Doughney, Deputy City Manager
Mike Morrow, Operations Director
David Reyes, Director of Parks and Public Facilities
Angela Brown, Operations Manager
Jack Doughney, Deputy City Manager
Bahareh Wolfs, Development Compliance and Zoning Manager
R. Max Lohman, City Attorney
Ansley Marr, Unified Services Director
Via Email:
Alan Boaz, Florida Power and Light
Robert Lozano, Florida Power and Light
Brian Kane, Utility Arborist, Florida Power and Light
Rick Kania, Waste Management
Ken Roundtree, North Palm Beach Improvement District
DATE: December 30, 2014
FROM: Tamashbeen Rahman, AICP, Senior Planner
trahman@pbgfl.com
561-799-4237 (direct line)
561-799-4281 (fax)
SUBJECT: Development Review Committee (DRC) Meeting for Petitions PUDA-14-12-
000057/CUMJ-14-12-000035: FPL Ryder Substation Telecommunication Tower
TIME: Friday, January 30, 2015 from 10:30 am to 11:30 am
Please provide your comments on the subject DRC petitions no later than 12:00 noon on Tuesday,
January 13, 2015. Your comments must be forwarded to my attention by that date and time so that
written comments can be given to the applicant in accordance with the timeframes established in the
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City’s Land Development Code. Should you have no comments, please indicate so in a memo.
Additional copies of the complete application are available in the Planning & Zoning Department.
MEETING DATE:
A Development Review Committee meeting will be held in the City Hall Lobby Conference Room
to review the following development application on Friday, January 30, 2015 from 10:30 am to 11:30
am:
PALM BEACH GARDENS PETITION NUMBERS PUDA-14-12-000057/CUMJ-14-12-000035
A request from Florida Power and Light Company, Inc., for a Planned Unit Development (PUD)
Amendment and Major Conditional Use Approval to allow a 150’ monopole tower and associated
equipment buildings at the existing FPL Ryder Substation. The FPL Ryder Substation is located on
PGA Boulevard, approximately 2.1 miles west of the Florida Turnpike, immediately west of the
Mirasol Planned Community Development (PCD).
Thank you for your ongoing cooperation and assistance. Please contact me at (561) 799-4237 should
you have any questions or comments.
Attachment: Complete submittal packet
cc: Natalie M. Crowley, AICP, Director of Planning and Zoning
Jim Norquest, Gunster Law
Brian Seymour, Gunster Law
GUNSTER
ATTORNEYS AT LAW
FPL Ryder Substation
PUD Amendment and Conditional Use
Introduction
The purpose of this application is to obtain City of Palm Beach Gardens approvals to
allow the property owner, Florida Power & Light Company (FPL), to add a wireless
telecommunication facility (tower) adjacent to its existing substation facility on the north
side of PGA Boulevard west of Mirasol.
Project Location
This site is located approximately 2.2 miles west of Florida's Turnpike on the north side
of PGA Boulevard. It is bounded on the east by the Mirasol Development buffer and
maintenance area, on the north by wetlands that are part of the Loxahatchee Slough, on
the west by the City-owned Sandhill Crane Park and the C-18 Canal, and the south
(across PGA Boulevard) by a wetlands buffer which is part of the PGA National
development. Access exists and will remain from PGA Boulevard.
Background
The City of Palm Beach Gardens approved the FPL Ryder Substation in October 2001,
by Ordinance 35, 2001. That ordinance rezoned the subject property from Planned
Development Area (PDA) to Conservation (Cons). At the same time a Planned Unit
Development (PUD) overlay was applied to this site and a master plan was approved.
The substation was constructed soon thereafter.
Today the site consists of an unmanned electrical distribution substation containing a
number of transformers, poles, equipment building and related infrastructure to support
the electrical facilities. The site is accessed by a paved road off PGA Boulevard that
also serves Sandhill Crane Park. In addition to the electrical equipment and road the
site contains dry retention areas and buffers. The site is unmanned and contains no
habitable structures.
Proposal
FPL has been approached by telecommunication carriers who wish to lease a portion of
this site for a standalone monopole communications tower and associated equipment
and structures to service the needs of residents, visitors, and travelers at the western
Phillips Point I 777 South Flagler Dr., Suite 500 East I West Palm Beach~ FL 33401-6194 I 561.655.1980 I Fax: 561.655.5677 I www.gunster.com
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end of PGA Boulevard. The tower will be designed to facilitate three carriers. This site
is an excellent location for this use because it is not in the midst of concentrations of
population, surrounded primarily by public lands and residential buffer areas, but is still
well located to provide cellular service to underserved portions of the City. The tower
will provide improved cell service and coverage to nearby communities in the western
part of the City, also giving them better access to emergency responders. In addition,
there are existing compatible utilities on-site, the site has easy access, and is well
buffered.
FPL proposes to construct a 150 foot monopole wireless communication tower and
associated equipment buildings (up to three) within the existing FPL Ryder Substation
site. The tower will be located in the north-central part of this site and thus well away
from neighboring properties and land uses. The proposed tower would be located over
1300' from the closest home in Mirasol and over 1000' (across PGA Boulevard) from
the closest home in PGA National. Except in one case (discussed below) the tower will
be located such that its 'fall radius' would remain completely within the substation site.
Further, even though the site is already well buffered, additional buffering is proposed
west of the tower between the FPL site and the City park and boat ramp on the C-18
canal.
Land Use and Zoning
Existing Development Orders
DATE DEVELOPMENT EFFECT
ORDER
April 19, 2001 Resolution 66, 2001 Approval of concurrent processing for text
amendment to Land Development
Regulations to allow minor utility
substations in PGA Corridor Overlay, and
a Planned Unit Development application
for FPL site
June 21, 2001 Resolution 103, 2001 Waiver to the requirements of Policy
1.1.5.1.(a).2. of the Future Land Use
Element of the City's Comprehensive
Plan for the minimum size threshold for
Parcel 18.A02, which consists of 9.3
acres
October 4, Ordinance 35, 2001 Rezoning 9.32 acres from Planned
2001 Development Area to Conservation, and
Planned Unit Development approving a
master plan for the FPL Ryder
Substation. Included waiver from Article
78, Conservation Zoning, to allow 9 acre
site in lieu of 20 acre minimum
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As noted, a PUD was approved for this site in 2001. The PUD consists of 9.3 acres of
land. After its initial approval (and as a condition of that approval) FPL deeded the west
1.1 acres of the PUD to the City of Palm Beach Gardens for what is today Sandhill
Crane Park. In addition, FPL sold 2.0 acres on the northwest side of the PUD to Palm
Beach County. This triangular parcel consists primarily of a Northern Palm Beach
County Improvement District (NPBCID) canal; it remains vacant. The remaining FPL
Ryder substation site under consideration in this application consists of 6.2 acres.
The future land use designation of this site is Conservation. The land is also zoned
Conservation, with a PUD Overlay. The site is subject to the PGA Corridor Overlay
regulations. This proposal will amend the existing PUD to add a new use, wireless
telecommunication facility (communication tower) which is considered to be an
accessory use in PUDs. A major conditional use approval is also included for the facility
pursuant to City Code requirements. The applicant requests waivers in order to allow
the communication tower in a PUD of less than 50 acres, for tower site area, for tower
separation and for required setbacks for the tower, as discussed below.
Tower Inventory
Available records, including Palm Beach County and City of Palm Beach Gardens
communication tower maps, indicate that the nearest tower in the City of Palm Beach
Gardens is approximately 2.1 miles to the east. The closest tower in the unincorporated
County is approximately 3 miles to the southwest.
There is a T-Mobile facility located in Mirasol's maintenance complex east of the FPL
Substation. It consists of equipment mounted on a concrete transmission pole. It is not
designed for, and is not tall enough to accommodate, co-location of other carriers.
This lack of facilities creates a coverage gap at the western end of the PGA Blvd,
including for the residents of Mirasol and PGA National. The proposed location will help
to fill that gap.
Site Design
As noted, the tower will be sited in an interior location, as far from surrounding
properties and uses as possible. The only exception will be that it will be located closer
to the north property boundary than to the other boundaries. The tower needs to be in
that location to minimize the physical disruption of the existing site and to take
advantage of the existing access road. It is also desirable to locate the tower closer to
the north property line than to other boundaries because there are no buildings or
structures north of this property and there will never be because the land is in
conservation use.
The monopole and equipment buildings will be fenced for security, separate from the
existing fencing around the substation equipment. No new road is needed because the
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tower and equipment will be located directly adjacent to the existing FPL service road
on the north side of the property.
As previously noted, the site is already very well buffered, by separation distance,
location, and existing vegetative screening. The substation is invisible from all sides
except for a "window" of visibility into the site from the west at the north end of the
parking lot in Sandhill Crane Park. The applicant proposes to add a vegetative screen
in the northwest corner of their site west/northwest of the common access road with
Sandhill Crane Park to screen the tower from that direction.
Concurrency
A concurrency analysis was not prepared for this project because this will be an
unmanned facility on a previously developed unmanned site. The tower operation will
create virtually no impact on public infrastructure including roads, schools, and utilities.
The tower and ground equipment will be located so that they do not disrupt the site's
existing drainage.
Parking
According to Table 33 of Section 78-345, "Number of parking spaces required", the
number of spaces required for a wireless telecommunication facility is "to be determined
by Growth Management Director". The applicant requests that no parking spaces be
required for this installation because the tower and the substation are unmanned
facilities that will only be visited very infrequently for routine maintenance. The tower
and associated equipment enclosures will be located next to an existing paved road
which is the access drive for the FPL substation; those infrequent maintenance trucks
will easily be able to park without blocking FPL's access to their facility because the
access road is wide enough to accommodate both users should they ever occur
simultaneously. Under these circumstances, parking spaces would be unnecessary
and wasteful of space and resources.
Waivers
The following waivers are requested for this project:
Waiver A. Parcel size for PUD containing a communication tower
Section 78-154(i), Communication towers, allows communication towers to be approved
by the City Council in PUDs of 50 acres or more. This PUD is 9.3 acres. The applicant
requests a waiver to allow the tower in a PUD of under 50 acres.
Criteria. A request for the city council to approve a waiver from one or more of the
standards and requirements applicable to a planned development, PUD, or PCD shall
comply with a majority of the criteria listed below:
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1. The request is consistent with the City's comprehensive plan.
The Comprehensive Plan does not address the issue of parcel size in relation to
communication towers. Therefore, the request does not create any inconsistency
with the City's comprehensive plan.
2. The request is consistent with the purpose and intent of this section.
One of the purposes and intents of waivers is to allow the City to approve
projects with "community benefits". This project will provide a community benefit
by increasing coverage and improving cell phone reception in the western
portion of the City of Palm Beach Gardens for both residents and emergency
personnel. This will be a clear benefit to the public.
3. The request is in support of and furthers the city's goals, objectives, and policies
to establish development possessing architectural significance, pedestrian amenities
and linkages, employment opportunities, reductions in vehicle trips, and a sense of
place.
Not applicable to this project.
4. The request demonstrates that granting of the waiver will result in a development
that exceeds one or more of the minimum requirements for PUDs.
Not applicable to this project.
5. The request for one or more waivers results from innovative design in which
other minimum standards are exceeded.
This tower is being designed to accommodate three carriers. This is greater than
the minimum standard for towers which is one carrier and supports collocation.
6. The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally sensitive lands, drainage and
recharge areas, and coastal areas.
The addition of a communication tower to this site will not negatively affect
natural resources, environmentally sensitive lands, or drainage. This project can
be constructed on this existing site with no disruption of valuable natural
resources, thereby preserving existing resources in place.
7. The request clearly demonstrates public benefits to be derived, including, but not
limited to, such benefits as no-cost dedication of rights-of-way, extensions of pedestrian
linkages outside of the project boundaries, preservation of important natural resources,
and use of desirable architectural, building, and site design techniques.
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The approval of a communications tower at this location will result in clear public
benefit because it will allow for additional carriers and improved coverage for
residents and visitors, and will give residents better access to emergency
services personnel in this area of the City. This is an important public benefit.
8. Sufficient screening and buffering, if required, are provided to screen adjacent
uses from adverse impacts caused by a waiver.
This site is already well buffered on all sides by heavy vegetation. The only
exception is that there is a small "window" of visibility into the site from the
northern part of Sandhill Crane Park, which lies to the west. The applicant
proposes to buffer that gap with additional landscaping, thus screening any
visual impacts caused by the installation of the new tower. This buffering would
be particularly effective because it would be close to the parking spaces on the
north side of Sandhill Crane Park. When buffering tall structures in the distance,
it is most effective when the buffer itself is as close to the viewer as possible.
9. The request is not based solely or predominantly on economic reasons.
The request is not based at all on economic considerations. The property is 9.3
acres and is surrounded primarily by public lands. The parcel size received a
waiver in 1991 for Comprehensive Plan purposes (250 acres minimum) and for
purposes of the Conservation zoning district (20 acres). Therefore, there is
already a precedent for waiving the parcel size on this property based upon the
previously established size of the parcel and upon the fact that this is a unique
development with no residential component.
10. The request will be compatible with existing and potential land uses adjacent to
the development site.
The FPL substation has already proved itself to be compatible with existing land
use in the vicinity; the addition of a communications tower site would not create
incompatibilities because of the remote location of this site and the fact that it is
well buffered by distance and vegetation from nearby residential uses.
11. The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be injurious
to the area involved or otherwise detrimental to the public health, safety, and welfare.
The general purpose and intent of PUDs is to allow for flexibility in development
standards for unusual circumstances. This is such a circumstance because this
parcel is required to be a PUD by virtue of its location outside the City's urban
service boundary. The purpose of the code requirement for towers to be located
in PUDs of 50 acres or more is to assure that towers in ordinary planned
developments, which would contain residential uses, are well buffered from such
uses. In this case, this tower is well buffered by its physically remote location and
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its separation from existing residential uses and heavy vegetative screening. In
this case, the intent of the code section is met on a parcel that is smaller than 50
acres. This same buffering and remote location will assure that the installation of
the tower at this site will not be injurious to the surrounding area or detrimental
to the public health, safety, and welfare.
Waiver B. Minimum Dimensions of Tower Site
Section 78-154(i). Communication towers [in a PUD], requires the tower site to have
minimum dimensions of 100 feet X 100 feet. This tower site will have minimum
dimensions of 58 feet and 59 feet in the north-south dimension. (The east -west
dimensions will exceed 100 feet.)
Criteria. A request for the city council to approve a waiver from one or more of the
standards and requirements applicable to a planned development, PUD, or PCD shall
comply with a majority of the criteria listed below:
1. The request is consistent with the City's comprehensive plan.
The City's Comprehensive Plan does not address the minimum size of tower
sites. Therefore, this request does not create an inconsistency.
2. The request is consistent with the purpose and intent of this section.
One of the purposes and intents of waivers is to allow the City to approve
projects with "community benefits". This project will provide a community benefit
by increasing coverage and improving cell phone reception in the western
portion of the City of Palm Beach Gardens for both residents and emergency
personnel. This will be a clear benefit to the public.
3. The request is in support of and furthers the city's goals, objectives, and policies
to establish development possessing architectural significance, pedestrian amenities
and linkages, employment opportunities, reductions in vehicle trips, and a sense of
place.
Not applicable to this request
4. The request demonstrates that granting of the waiver will result in a development
that exceeds one or more of the minimum requirements for PU Ds.
Not applicable to this request
5. The request for one or more waivers results from innovative design in which
other minimum standards are exceeded.
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This tower is being designed to accommodate three carriers. This is greater than
the minimum standard for towers which is one carrier and supports collocation.
6. The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally sensitive lands, drainage and
recharge areas, and coastal areas.
The addition of a communication tower to this site will not negatively affect
natural resources, environmentally sensitive lands, or drainage. With the
proposed wavier, this project can be constructed on this existing site with no
disruption of valuable natural resources or existing drainage, thereby preserving
existing resources in place.
7. The request clearly demonstrates public benefits to be derived, including, but not
limited to, such benefits as no-cost dedication of rights-of-way, extensions of pedestrian
linkages outside of the project boundaries, preservation of important natural resources,
and use of desirable architectural, building, and site design techniques.
The approval of a communications tower at this location will result in clear public
benefit because it will allow for additional carriers and improved coverage for
residents and visitors, and will give residents better access to emergency
services personnel in this area of the City. This is an important public benefit.
8. Sufficient screening and buffering, if required, are provided to screen adjacent
uses from adverse impacts caused by a waiver.
This site is already well buffered on all sides by heavy vegetation. The only
exception is that there is a small "window" of visibility into the site from the
northern part of Sandhill Crane Park, which lies to the west. The applicant
proposes to buffer that gap with additional landscaping, thus screening any
visual impacts caused by the installation of the new tower. This buffering would
be particularly effective because it would be close to the parking spaces on the
north side of Sandhill Crane Park. When buffering tall structures in the distance,
it is most effective when the buffer itself is as close to the viewer as possible.
9. The request is not based solely or predominantly on economic reasons.
This request is not based on economic considerations. The waiver request is to
allow for a tower installation which will fit into this existing site with no disruption
of existing infrastructure. This is a functional consideration only.
10. The request will be compatible with existing and potential land uses adjacent to
the development site.
The FPL substation has already proved itself to be compatible with existing land
use in the vicinity; the addition of a communications tower site would not create
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incompatibilities because of the remote location of this site and the fact that it is
well buffered by distance and vegetation from nearby residential uses.
11. The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be injurious
to the area involved or otherwise detrimental to the public health, safety, and welfare.
The general purpose and intent of PUDs is to allow for flexibility in development
standards in unusual circumstances. This is such a circumstance because this
property is a PUD outside the urban service area and is largely removed from
habitable lands. The proposed tower will be in a remote area in a non-residential
PUD. In this case the code requirement for a tower site with minimum dimensions
of 100 feet X 100 feet is unnecessary. Such a large tower site would serve no
purpose on this particular property.
Waiver C: Setbacks for towers.
Section 78-159, Permitted Uses, (64), Wireless Telecommunication Facilities (i),
provides that towers must be set back from all tower site lot lines a minimum distance of
110% of the height of the tower. This tower will be 150 feet tall; therefore, the tower
setback would be 110% of 150, or 165 feet. The following chart illustrates the required
and proposed tower site setbacks and the waivers requested for this project.
Setback Required Setback Proposed/Provided Waiver requested
North 165 Feet 45 Feet 120 Feet
West 165 Feet 165 Feet none
South 165 Feet 10 Feet 155 feet
East 165 Feet 37 Feet 128 feet
Criteria. A request for the city council to approve a waiver from one or more of the
standards and requirements applicable to a planned development, PUD, or PCD shall
comply with a majority of the criteria listed below:
1. The request is consistent with the City's Comprehensive plan.
The City's comprehensive plan does not address communication tower setbacks.
Therefore, this request does not create an inconsistency.
2. The request is consistent with the purpose and intent of this section.
The purpose and intent of the waivers section of the Code is to allow the City to
approve variations from strict code requirements where they are logical and
justified. This tower will be located on a remote site and contains no habitable
structures. The tower has also been located so that no setback waiver is needed
to the west, which is the location of the only property with habitable uses directly
adjacent to the property, the City's Sandhill Crane Park. The tower is also being
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sited so that the existing FPL substation equipment is outside the theoretical
"fall radius" of the tower. Therefore, in the extremely unlikely circumstance that
the tower should fall, it is located such that it poses no danger to human beings
or valuable infrastructure. This is a unique circumstance, not contemplated by
the Code's setback regulations that is logical and justifiable.
3. The request is in support of and furthers the city's goals, objectives, and policies
to establish development possessing architectural significance, pedestrian amenities
and linkages, employment opportunities, reductions in vehicle trips, and a sense of
place.
Not applicable to this request.
4. The request demonstrates that granting of the waiver will result in a development
that exceeds one or more of the minimum requirements for PU Os.
Not applicable to this request
5. The request for one or more waivers results from innovative design in which
other minimum standards are exceeded.
Not applicable to this request.
6. The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally sensitive lands, drainage and
recharge areas, and coastal areas.
The addition of a communication tower to this site will not negatively affect
natural resources, environmentally sensitive lands, or drainage. With the
proposed wavier, this project can be constructed on this existing site with no
disruption of valuable natural resources or existing drainage, thereby preserving
existing resources in place.
7. The request clearly demonstrates public benefits to be derived, including, but not
limited to, such benefits as no-cost dedication of rights-of-way, extensions of pedestrian
linkages outside of the project boundaries, preservation of important natural resources,
and use of desirable architectural, building, and site design techniques.
Without setback waivers, a much larger tower site would need to be created on
this property. This larger tower site would impinge on existing open space and
retention on the overall site and would likely require the destruction of some
existing vegetation. It would also require the tower to be located closer to PGA
Boulevard in order to meet the required 165 foot setback from the north property
line of the parcel. By contrast, the setback waivers allow the towers to be located
as close to the north property line, adjacent to the County conservation land, and
as far away from PGA Boulevard as is physically possible.
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8. Sufficient screening and buffering, if required, are provided to screen adjacent
uses from adverse impacts caused by a waiver.
This site is already well buffered on all sides by heavy vegetation. The only
exception is that there is a small "window" of visibility into the site from the
northern part of Sandhill Crane Park, which lies to the west. The applicant
proposes to buffer that gap with additional landscaping, thus screening any
visual impacts caused by the installation of the new tower. This buffering would
be particularly effective because it would be close to the parking spaces on the
north side of Sandhill Crane Park. When buffering tall structures in the distance,
it is most effective when the buffer itself is as close to the viewer as possible.
9. The request is not based solely or predominantly on economic reasons.
The request is not based on economic considerations. The main reason for the
tower setback waiver request is functional, to allow the tower to be located in the
most logical place on the property that will also have the least impact on the
public.
10. The request will be compatible with existing and potential land uses adjacent to
the development site.
The existing land use on this site is an unmanned FPL substation. To the east is
the Marisol project, specifically its buffer zone and maintenance areas. To the
north and south are unpopulated wetlands. To the west is the City's Sandhill
Crane Park and the C-18 Canal. PGA National lies to the southeast of the
property, across PGA Boulevard. The cell tower use is a good match for the
existing use of the property, the FPL substation. It will be sited within FPL's
property at a location where it is as far from surrounding residential uses as is
physically possible. It will also be sited in such a way that it can be built with
minimal disruption of the existing FPL property because the tower and equipment
will be located immediately adjacent to FPL's existing access road. As discussed
previously, additional vegetated buffer will be provided to help screen the site to
the northwest. Thus, the use is already compatible and the facility is being
located to the greatest extent possible to minimize disruption of the existing site
or negative effects upon nearby residences. There will be no potential land uses
adjacent to the property which do not already exist because the lands to the north
and south are in conservation use, the land to the west is a park and the land to
the east is PCD buffer and maintenance areas.
11. The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be injurious
to the area involved or otherwise detrimental to the public health, safety, and welfare.
As discussed above, this tower will be located so that it will be as far from
surrounding properties as is practicable, especially residential uses. It should be
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noted that the setback waivers that are being requested are not to the edge of the
surrounding FPL site, but to the edge of the tower site within the FPL site. What
this means is that in most cases, the actual physical setback of the tower would
be much greater than the setbacks being requested.
To the north, the proposed tower is actually about 136 feet from the edge of the
PUD, and the lands north of the that boundary are uninhabited wetlands. To the
west, the proposed tower meets the 165 foot setback requirement and no waiver
is needed. To the south, the proposed tower is approximately 250 feet from FPL's
property line along PGA Boulevard. To the east, the proposed tower is over 580
feet from the FPL site's east property line. Thus this facility has been sited
carefully so that it will not be injurious to public health, safety and welfare.
Waiver D. Separation of tower sites
Per Section 78-159, Permitted Uses, (64 ), wireless telecommunication facilities, U), any
tower shall be separated from any other tower by a distance of not less than one mile as
measured by a straight line from the base of the tower. A waiver is requested from this
provision because there is an existing tower 960 feet to the east of the proposed tower
location.
Criteria. A request for the city council to approve a waiver from one or more of the
standards and requirements applicable to a planned development, PUD, or PCD shall
comply with a majority of the criteria listed below:
1. The request is consistent with the City's Comprehensive plan.
The City's comprehensive plan does not address this tower separation provision.
Therefore, no inconsistency is created by this request.
2. The request is consistent with the purpose and intent of this section.
One of the purposes and intents of waivers is to allow the City to approve
structures which may not meet ordinary property development regulations due to
unusual circumstances. This is such a project because there is an existing tower
about 960 feet east of this proposed monopole. However, that facility, which
houses a T-Mobile cellular facility is not suitable for co-location, which is one of
the purposes of the separation requirement in the code. That T-Mobile facility is
attached to an FPL transmission pole with one set of antennas. The pole that it is
mounted on is much smaller than the proposed 150 foot monopole tower
requested in this application and is not of a design that lends itself to co-location,
thereby limiting the overall cellular communications coverage, which the
proposed facility is designed to remedy.
3. The request is in support of and furthers the city's goals, objectives, and policies
to establish development possessing architectural significance, pedestrian amenities
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and linkages, employment opportunities, reductions in vehicle trips, and a sense of
place.
Not applicable to this request.
4. The request demonstrates that granting of the waiver will result in a development
that exceeds one or more of the minimum requirements for PUDs.
Not applicable to this request.
5. The request for one or more waivers results from innovative design in which
other minimum standards are exceeded.
This waiver would allow for the construction of a cellular communications tower
that would be specifically designed to accommodate three cellular carriers.
Because the code minimum is a design to accommodate one carrier, this
minimum standard is exceeded.
6. The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally sensitive lands, drainage and
recharge areas, and coastal areas.
Not applicable to this request.
7. The request clearly demonstrates public benefits to be derived, including, but not
limited to, such benefits as no-cost dedication of rights-of-way, extensions of pedestrian
linkages outside of the project boundaries, preservation of important natural resources,
and use of desirable architectural, building, and site design techniques.
The approval of a communications tower at this location will result in clear public
benefit because it will allow for additional carriers and improved coverage for
residents and visitors, and will give residents better access to emergency
services personnel in this area of the City. This is an important public benefit.
8. Sufficient screening and buffering, if required, are provided to screen adjacent
uses from adverse impacts caused by a waiver.
This site is already well buffered on all sides by heavy vegetation. The only
exception is that there is a small "window" of visibility into the site from the
northern part of Sandhill Crane Park, which lies to the west. The applicant
proposes to buffer that gap with additional landscaping, thus screening any
visual impacts caused by the installation of the new tower. This buffering would
be particularly effective because it would be close to the parking spaces on the
north side of Sandhill Crane Park. When buffering tall structures in the distance,
it is most effective when the buffer itself is as close to the viewer as possible.
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9. The request is not based solely or predominantly on economic reasons.
This request is not based on economic considerations. The purpose of the code
provision about tower separations is to help assure that there is not a close
clustering of potentially overlapping or unnecessary cell carrier coverages in the
same vicinity. The existing T-Mobile facility is too small to accommodate co-
location, so no additional carriers could be established on that tower. There is a
definite gap in cell coverage in this part of the City and the new tower would
provide a facility specifically designed to accommodate up to three carriers,
which would greatly increase coverage in this part of the City.
10. The request will be compatible with existing and potential land uses adjacent to
the development site.
The requested waiver will allow the tower to be built, which in turn will allow the
co-location of up to three carriers on the new facility. As discussed previously,
this will be compatible with existing adjacent land uses because of its relatively
remote location near undeveloped conservation areas, its separation from nearby
residences, and the existing and proposed heavy buffering around the site.
11. The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be injurious
to the area involved or otherwise detrimental to the public health, safety, and welfare.
As noted previously, the general intent and purpose of the waiver section of the
code is allow the City to approve variations from property development
regulations when the circumstances warrant. In this case, a waiver of the tower
separation requirements would allow for the construction of a needed new
monopole in an area in an underserved area of the City, which would be a benefit
to both City residents and emergency personnel.
WPB_ACTIVE 6179107.1
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