RANDAL PARK CELL TOWER

Transcription

1 March 20, 2018 Staff Report to the Municipal Planning Board C U P I t e m # 1 0 RANDAL PARK CELL TOWER Location Map S U M M A R Y Owner Mattamy Partnership Applicant Mattaniah S. Jahn, Esq. Law Office of Mattaniah S. Jahn, P.A. Project Planner TeNeika Neasman Planner II Property Location: PID: (Generally located south of 528 Toll, west of 417 Toll, east of Narcoossee Rd. and north of Dowden Rd.) (District 1,±0.15 acres) Applicant s Request: Request for a Conditional Use Permit to construct a 172 ft. flagless flagpole style communication tower, with all antennas and cabling contained within the structure in the Randal Park PD zoning district. Subject Staff s Recommendation: Approval of the request, subject to the conditions in this report. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property on March 6,2018. As of the published date of this report, staff has received 10 letters in opposition to this request from the public concerning this request. Updated: March 14, 2018

2 Page 2 Future Land Use Map Zoning Map

3 Page 3 Project Analysis Project Description The 0.15 acre proposed communication tower site is located within a acrea parcel in the Randal Park neighborhood. The applicant is requesting a Conditional Use Permit for the construction of a 172 ft. flagless flagpole style communication tower, with all antennas and cabling contained within the structure. The property is zoned PD (Randal Park Planned Development) and has a Future Land Use (FLU) designation of OFFICE-LOW (Office, Low Intensity). The proposal is consistent with both the Zoning and Future Land Use designations. Previous Actions: 1994: The subject property was annexed into the City 1998:The property was included in the Southeast Orlando Sector Plan at time of adoption 2006: The first Randal Park PD was approved by City Council 2014: Parcel platted as Tract W-1 in the Randal Park-Phase 2 Subdivision Project Context The proposed cell tower site is generally located south of 528 Toll, west of 417 Toll, east of Narcoossee Rd. and north of Dowden Rd. The site is currently vacant land. Surrounding uses include residential and conservation land to the west, conservation land to the south, Interstate 4 to the east, and vacant (Orange County) land to the north. Table 1 (below) shows the surrounding zoning, future land use designation, and uses. North Table 1 Project Context Future Land Use Zoning Surrounding Use Conserv (Orange County) A-2 (Orange County) Orange County Vacant Land East OFFICE-LOW PD Vacant Land South CONSER PD Conservation Land Vacant Land West OFFICE-LOW CONSERV Conformance with the GMP and LDC The future land use designation for the proposed site is Office Low Intensity and zoning is PD (Randal Park). Section 1.11 of the Randal Park PD allows for the installation of a telecommunications tower and the PD Development Plan depicts this area as the potential location of this use. There are no GMP future land use subarea policies (S.35.2 and S.35.6(a)) on this site. A minimum separation of 516 ft. is required and 341 ft. is proposed, between communication towers and the Randal Park PD residences to the west. The proposed cell tower does not meet the minimum 200 or 300% of the height residential separation requirement. Section allows for a waiver to the minimum off-site separation requirements. A minimum separation of 1,500 ft. is required from other communication towers (monopoles 75 ft. or greater in height), as is the one proposed. The applicant has provided documentation showing the proposed monopole communication tower is 9,278 ft. from another tower. The applicant has provided evidence there are no towers within the required separation distance requirement. Conditional Use Permit The applicant is requesting a Conditional Use Permit for the proposed Randal Park Cell Tower, per section 1.11 of the Randal Park PD Ordinance, states: The Master Site Plan depicts an area that may be appropriate for the future installation of a telecommunications tower. The tower may be installed only if approved as a conditional use in accordance with the City s normal conditional use permit procedures. PD Single Family Residential Conservation Land

4 Page 4 Purpose and Intent. The purpose and intent and all other requirements of the Land Development Code. The proposed Cell Tower is inline with the purpose and intent of the Land Development Code, per the PD. Growth Management Plan. Whether the proposal is consistent with all applicable policies of the City s adopted Growth Management Plan. The proposal is consistent with all applicable policies of the Growth Management Plan, per the PD and FLU designation. Compatibility. The compatibility of the proposal with surrounding land uses and the general character of the area including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust lighting, and appearance. The proposed cell tower is compatible with the surrounding vacant and right-of-way buffer land. Public Facilities and Services. Whether necessary public facilities (both on-site and off-site), such as transportation, sanitation, water, sewer, drainage, emergency services, education, and recreation, will be adequate to serve the proposed use. The necessary public facilities are adequate to serve the proposed use. Residential Displacement. The Municipal Planning Board and the City Council must consider the extent to which the proposed use, location, and building site design would displace existing residential uses on the site or would encourage displacement of residential uses adjacent to the site. They must also consider alternative uses, location, and site designs that could minimize residential displacement. Residential Displacement is not applicable to this request. Other Matters. Any other lawful matter that the Municipal Planning Board deems appropriate and relevant to the specific proposal. 62. Findings Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of a Conditional Use Permit application contained in Section of the Land Development Code (LDC): 1. The proposed use is consistent with the City s Growth Management Plan. 2. The proposed use is consistent with the purpose and intent of the PD zoning district and all other requirements of the LDC. 3. The proposed use will be compatible with surrounding land uses and the general character of the area. 4. The necessary public facilities will be adequate to serve the proposed use, or will be provided by the applicant as a condition of this approval. Based on the information provided in the staff report and the findings noted above, staff recommends approval of the Randal Park Cell Tower Conditional Use Permit (CUP ), subject to the conditions in this staff report. Aerial Photo Subject Site

5 Page 5 E xi s t in g Su r ve y Property Boundaries Project Boundaries

6 Page 6 E xi s t in g Su r ve y ( S ub j ec t Si t e)

7 Page 7 D e ve l o p me n t Pl a n Proposed Parking Space Proposed Fence 5 ft. Landscape Buffer Propose 172 ft. tall monopole P r o p os e d Fencing D e t a il s

8 Page 8 Tower Elevation

9 Page 9 P h o t o Si mu l a ti o ns

10 Page 10 Site Photos Property north of the proposed access point path. Image of the access point from Andreas Ave. Existing vacant land along Andreas Ave. Image facing west at the corner of Langefield St. and Andreas Ave Existing curbcut to be utilized for the Cell Tower driveway Property south of the entrance way to the Cell Tower

11 Page Conditions of Approval Land Development 1. Land Use and Zoning. Except as provided herein, development of the property shall be consistent with the development standards of the PD (Randal Park) zoning district. 2. Scope of Conditional Use Permit - This Conditional Use Permit is valid only for and shall operate in accordance with the use as described within this report and for the survey/site plan shown in this report, and any changes necessary as a condition of this staff report. Any changes in the use of the site, the operation of the project, or the site plan may require a new or amended Conditional Use Permit (see condition "Minor Modifications"). The CUP is not transferable to another property. 3. Regulations Subject to Code - Except as provided herein, the proposed project is subject to the conditions of this report and all codes and ordinances of the State of Florida, City of Orlando and all other applicable regulatory agencies. All other applicable state or federal permits must also be obtained before commencing development. 4. Minor Modifications. Minor modifications and design changes including but not limited to fences, signs, landscaping, interior alterations, and other minor changes, that are required beyond those previously reviewed by the Municipal Planning Board, may be approved by the Planning Official without further review by the Municipal Planning Board. Major changes shall require additional review by the Municipal Planning Board. 5. Permit Compliance. All plans submitted with the applicant's building permit application(s) must comply with the conditions of approval provided in the Municipal Planning Board staff report and any amendments to those conditions approved by the Municipal Planning Board or City Council. No building permit will be issued for this project until ALL conditions of approval are complied with and reflected in the plans submitted with your building permit application. 6. CUP Expiration. Approval of the Conditional Use by City Council shall grant the applicant authority to submit an application for site plan/master plan review for a building permit. The permit application must be submitted and a permit issued within two (2) years of approval of City Council or the Conditional Use Permit shall expire. However, upon written application filed 30 days prior to the expiration date, the Planning Official may renew the Conditional Use Permit for a one period of up to 12 months providing good cause is shown. 7. Appearance Review. Appearance Review shall be required, at the time of permitting, for future co-location antennas to ensure a consistent appearance. 8. Fencing. The chain link fencing shall be vinyl-clad black, with painted black hardware and posts, with top and bottom rails, and with minimum 6-gauge chain link mesh. The use of barbwire on the fencing is prohibited. 9. Access Gate. The communication tower access gate must be constructed on the project site (in the Office-Low future land use) designate area, per the PD. Transportation 1. Driveway apron must be constructed of concrete and comply with City Engineering Standards Manual requirements. Impervious pavement must extend a minimum of 15 feet east of the right-of-way. Use of material other than asphalt or concrete for the remainder of the driveway must be approved by the City Engineer. Approval should be obtained prior to submittal of plans to Permitting Services to avoid delays in processing. Water Reclamation 1. Utilities, conduits and ductbanks serving the cell tower shall avoid conflict with an existing reclaimed water main in Langefield St and Andreas Ave. Informational Comments Growth Management 1. Comprehensive Planning Studio has no objections to the proposed cell tower in Randal Park. Building Review 1. Building Plan Review is not applicable to this case at this time. Fire 1. TRC fire code review is preliminary in nature and is not considered a full life safety or architectural review. It is intended to expose or prevent evident design deficiencies with State and City Fire Codes. The building design, floor plans, egress system, fire protection systems and MEP will be reviewed in detail for State and City Fire Code compliance at the time of permit application.

12 Page Informational Comments 2. Be advised that any new construction must adhere to the requirements of the Florida Fire Prevention Code, Sixth Edition, and The City of Orlando Fire Prevention Code Chapter 24. Orlando Police 1. The Orlando Police Department has reviewed the plans for Randal Park Cell Tower located southwest of SR-417 and SR-528, applying CPTED (Crime Prevention Through Environmental Design) principles. CPTED emphasizes the proper design and effective use of a created environment to reduce crime and enhance the quality of life. There are four overlapping strategies in CPTED that apply to any development: Natural Surveillance, Natural Access Control, Territorial Reinforcement and Target Hardening.

13 Page Contact Information Growth Management For questions regarding Growth Management plan review, please contact Colandra Jones at (407) or Land Development For questions regarding Land Development review, please contact TeNeika Neasman at (407) or Urban Design For questions regarding Urban Design plan review, please contact Terrence Miller, at or Transportation For questions regarding Transportation Planning plan review, please contact John Rhoades at or Engineering/Zoning For questions regarding Concurrency Management contact Keith Grayson at or To obtain plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interactive Response System at Police For questions regarding the Orlando Police Department plan review, please contact Audra Rigby at or Fire For any questions regarding fire issues, please contact Charles Howard at or at To obtain plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interactive Voice Response System at Building For questions regarding Building Plan Review issues contact Don Fields at (407) or Parks For questions regarding Parks Plan Review issues contact Ken Gardner at (407) or Water Reclamation Division Contact Dave Breitrick, PE (407) with questions regarding Water Reclamation Division comments Review/Approval Process Next Steps 1. MPB minutes scheduled for review and approval by City Council. 2. Plat (if required) 3. Final Site Plan (if required) 4. Building permits.