BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 17-75RZ RESOLUTION CONSTITUTING CONDITIONAL USE PERMIT AUTHORIZING THE USE OF PROPERTY DESCRIBED IN CONDITIONAL USE APPLICATION NO. CU17-26 FOR A 145- FOOT ABOVE GROUND LEVEL MONOPOLE WIRELESS FACILITY (WF) IN A C-2 GENERAL COMMERCIAL DISTRICT. WHEREAS, the Board of County Commissioners of Pasco County on August 29, 2017, held a public hearing, after due public notice, on Conditional Use Application No. CU17-26; and WHEREAS, the Board of County Commissioners has heard the presentation of the applicant and individuals in opposition to and in favor of the application; and WHEREAS, the Board of County Commissioners has reviewed the report and recommendations of the Planning Commission and the recommendations of County staff; and the following findings of fact: FINDINGS OF FACT 1. The subject site contains a recreational vehicle and boat storage facility consisting of covered and open storage. 2. The applicant, together with the co-applicant and anchor tenant T-Mobile, propose a 145-foot AGL, monopole WF (140 foot monopole with a 5 foot lightning rod), suitable for the colocation of two additional carriers (total of three carriers), located within a proposed 3,600-square-foot fenced compound area (lease parcel). 3. Access to the overall site is from Shoppers Way, a privately-maintained road. Access to the WF compound/lease area is proposed through a 20-foot-wide access easement, located off of Shoppers Way. The subject site is located in Flood Zone "AE" and development is subject to the requirements of the Land Development Code (LDC), Section 1104, Flood Damage Prevention. 4. The surrounding area is characterized by commercial uses. 5. The subject area has been designated ROR (Retail/Office/Residential) under the Comprehensive Plan. Page 1 of 6 C:\Program Files (x86)\neevia.com\docconverterpro\temp\nvdc\30385ab7-6f96-4097-9e48-668ad0f0ef8f\62777.docx
6. On May 9, 2017, the subject proposed use was found exempt from a Timing and Phasing Analysis and ANALYSIS: Substandard Road Review (T&P17-52); once constructed the WF will generate approximately one vehicle trip per month per carrier collocated on the WF. Roads providing access to the WF are understood to meet the minimum standards of the LDC Section 901.4. No further analysis is required. 7. In accordance with the LDC, Sections 1002.7 Tier Three, 1002.8 Development Standards and 1002.9 Submittal Requirements, the applicants have submitted the required documentation for a Tier Three, 145-foot AGL, monopole WF including, but not limited to the following: a. Overall Narrative. Eco-Site respectfully requests a Tier Three Conditional Use for 9411 Shoppers Way, Port Richey to allow the construction of a 145 AGL Monopole Wireless Facility and related fenced compound and power meter/telco rack. The 2.65 acre parcel currently hosts covered and uncovered open storage. Eco-Site s leased area consists of 3,600 square feet. The parent parcel currently carries a Retail/Office/Residential Future Land Use Designation and a General Commercial (C-2) Zoning Designation. The monopole will be tucked away in the northwest corner of the parent parcel, near existing off-site big box stores. Additionally, existing mature vegetation is located off-site to the north and east of the proposed monopole. Therefore, the monopole s visibility from normal views is minimized. The 145 AGL monopole is the minimum height necessary for T-Mobile to achieve its RF objective. The monopole will additionally minimize its visibility by employing simplified T- Arm headframes instead of normal bulkier designs, which employ catwalks. Eco-Site proposes to route the cabling for the monopole s antennas within the monopole itself. This will allow the monopole to appear a slim dull grey structure, which will better blend into the background of the sky. Eco-Site respectfully requests to use the currently existing, established, 10 wide landscape buffer that currently surrounds the parent parcel in lieu of a buffer provided at the compound Page 2 of 6 C:\Program Files (x86)\neevia.com\docconverterpro\temp\nvdc\30385ab7-6f96-4097-9e48-668ad0f0ef8f\62777.docx
fence. The established landscape buffer has a 2-year head start on any buffer that would be planted at the compound fence. Additionally, a buffer on the east and south sides of the compound would only buffer the compound from the internal storage yard on the parent parcel as the existing parent buffer, which is closer to the right-of-way, will appear larger relative to the tower and provide better screening than a buffer located at the compound fence would. b. A site-specific evaluation (EmbassyFL0067) was conducted for surfaces identified in Federal Aviation Regulation (FAR) Part 77 and Federal Communications Commission (FCC) Rules Part 17 by SiteSafe RF Compliance Experts. In accordance with site evaluation results notice to the Federal Aviation Administration (FAA) is not required. SiteSafe does not consider this site to be a Hazard to Air Navigation as specified in FAR Part 77. c. Documentation of location and site-selection process, including search ring, location and siting criteria, opportunity sites in the area, location, and site-selection methodology. The applicants have provided the following information: No approved or unbuilt towers currently exist within 1,500 feet of the proposed monopole. No other suitable towers or tall structures are available to T-Mobile within the search ring. The 145 AGL monopole is the minimum height necessary for T-Mobile to achieve its RF objective. T-Mobile plans to provide wireless coverage and capacity to the commercial areas along Regency Park Boulevard and Embassy Boulevard. This location is needed for capacity to offload from other sites and allow better customer connectivity. The proposed monopole will improve the quality of life of the immediate neighborhood by providing improved wireless coverage in the area. Page 3 of 6 C:\Program Files (x86)\neevia.com\docconverterpro\temp\nvdc\30385ab7-6f96-4097-9e48-668ad0f0ef8f\62777.docx
d. The Florida Department of Transportation (FDOT) Aviation and Spaceports Office email correspondence in which it has cited no concerns with the proposed structure. A permit from the FDOT Aviation and Spaceports Office is not required as it has confirmed that the proposed construction does not exceed federal obstruction standards. 14. On May 20, 2017, the owner/applicant held a neighborhood meeting, in accordance with the provisions of the LDC Section 305. The neighborhood meeting summary package is attached and incorporated herein. 15. According to the Pasco County Geographic Information System s WF layer, there are no WF within one mile of the subject request 16. Per review of public-use airports in the area, staff has noted that the request does not fall within ten nautical-mile radius of the geographical center of a publicly owned and operated airport, military airport, or an airport licensed by the state for public use (FS 333.025(1)). 17. The following technical review comments were received from Arthur K. Peters, P.E., Pasco County s WF consulting engineer: I have read the petitioner s request and have analyzed its contents with reference to the Pasco County LDC, Section 1002, Wireless Facilities. Verification of the petitioner s technical statements was performed. Studied items included tower separation distances, antenna heights and radiated powers with respect to surrounding cells, estimated non-ionizing radiation levels for the initial T-Mobile build and available alternative structures. Verification of applicant s estimates of service area improvement were also studied. Technical and radio engineering aspects of this petition were studied with regard to conclusions stated in the application. This includes assignment to Tier Three, the need for the service and adherence to County technical requirements. Based upon technical data provided by petitioner, it is my opinion that this petition meets the technical requirements of Section 1002 of the LDC. Page 4 of 6 C:\Program Files (x86)\neevia.com\docconverterpro\temp\nvdc\30385ab7-6f96-4097-9e48-668ad0f0ef8f\62777.docx
18. Staff has reviewed the proposed request in accordance with the LDC, Section 402.3 Conditional Uses, Section 402.3.E, Required Standards and with the applicable provisions of the Pasco County Comprehensive Plan and finds it consistent, as conditioned. WHEREAS, the Board of County Commissioners has taken into consideration all necessary factors relevant to the decision as to whether a conditional use should be granted on the subject property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pasco County, Florida, in regular session duly assembled, this 29 th day of August, 2017, and based upon the recommendation of the staff and the Planning Commission and further after consideration of all of the applicable facts and evidence presented that a conditional use Conditional Use for a 145-foot, above-ground level (AGL) Wireless Facility (WF) in a C-2 General Commercial District is hereby approved for the property described in Exhibit A, attached hereto. BE IT FURTHER RESOLVED that this resolution shall be deemed to constitute a conditional use permit for the purposes of the Pasco County Zoning Ordinance, subject to the conditions set forth below: CONDITIONS OF APPROVAL 1. The subject WF shall support the collocation of a minimum of three different communications providers. 2. The subject WF shall be restricted to 145-feet AGL and shall meet all required setbacks for primary structures in the zoning district. 3. The owner/applicant shall obtain all required permits, if applicable, from the FAA, the FDOT Aviation Office, and the FCC prior to site plan approval. 4. The owner/applicant shall use existing landscaping along the north and west boundaries of the subject site as buffering. Internal buffering along the east and south shall not be required. The owner/applicant shall not remove any trees. Landscaping shall be maintained in accordance with LDC 905.2.E. 5. The owner/applicant acknowledges that any provisions of Pasco County ordinances not specifically waived shall be in full force and effect. 6. The WF location shall be in accordance with the site plan submitted with this application. Page 5 of 6 C:\Program Files (x86)\neevia.com\docconverterpro\temp\nvdc\30385ab7-6f96-4097-9e48-668ad0f0ef8f\62777.docx
7. The owner/applicant shall submit a preliminary site plan for review and approval in accordance with all the requirements of the LDC, Section 403.3 and 1002 prior to development of the property with a WF. 8. The owners/applicants shall obtain all required building permits. 9. This approval is subject to the provisions of the LDC, Section 402.4.I, Revocation of Special Exception and Conditional Use Approvals. In addition, staff may initiate a revocation for violations of the conditions of approval by any of the methods available in the LDC, Section 108, or through revocation of the Conditional Use pursuant to the provisions of the LDC, Section 402.4.I, Revocation of Special Exception and Conditional Use Approvals, or both. 10. In addition to complying with the above conditions, no activity shall commence on site until such time as the acknowledgment portion of this document is completed, including notarization. DONE AND RESOLVED this 29 th day of August, 2017. (SEAL) ATTEST: BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, FLORIDA PAULA S. O'NEIL, Ph.D., CLERK AND COMPTROLLER MIKE MOORE, CHAIRMAN Page 6 of 6 C:\Program Files (x86)\neevia.com\docconverterpro\temp\nvdc\30385ab7-6f96-4097-9e48-668ad0f0ef8f\62777.docx
EXHIBIT A CU17-26 All that tr or par of lnd lying & being in Sec 21, T25S, R16E, Pasco Co, FL, & being more partic desc as fol: To find the POB, com at a PK nail found disc 4513 loc at the r/w inter of the N r/w of Embassy Blvd (havg a 100' r/w) & the Wly r/w of Shoppers Way (havg a 50' r/w); th running alg said Wly r/w of Shoppers Way, N00 11'31"W, 290' to a pt; th leavg said r/w & running, S89 47'31"W, 211.49' to a pt; th N00 12'29"W, 105.7' to a pt; th S89 47'31"W, 30' to a pt & the true POB; th N00 12'29"W, 60' to a pt; th N89 47'31"E, 60' to a pt; th S00 12'29"E, 60' to a pt; th S89 47'31"W, 60' to a pt & the true POB, Sec 21, T25S, R16E, Pasco Co, FL. g/devsvcsdocuments/zn/exhibits/cu1726 exhibit/04
ATTACHMENT CONDITIONAL USE BOARD OF COUNTY COMMISSIONERS ACTION: The Board of County Commissioners disagrees with the Planning Commission recommendations for the following reasons: 1. That the request (is, is not) consistent with the goals, objectives, and policies of the adopted Comprehensive Plan elements or portions as follows:. 2. The proposed conditional use (will, will not) adversely affect or contribute to the deterioration of the quality of life or property values in the immediate neighborhood. 3. The proposed conditional use (is, is not) consistent with the character of the surrounding area, including existing land use patterns. 4. The proposed conditional use (will, will not) create or excessively increase traffic or parking congestion or otherwise affect public safety. 5. The site upon which the proposed conditional use is to be located (does, does not) have suitable drainage, access, ingress and egress, off-street parking, loading areas, refuse collection, and adequate utilities available to the site. 6. The site upon which the conditional use is to be located (does, does not) have or (will, will not) have screening and buffering sufficient to prevent interference with the enjoyment of surrounding properties. 7. Proposed signs and lighting (will, will not) create any adverse glare or adversely affect traffic safety, economic value, or cause other significant problems on adjoining or surrounding properties. 8. The proposed conditional use (will, will not) otherwise adversely affect the health, safety, or welfare of the surrounding community or area. Ayes: Nays: The Board of County Commissioners Action: approval denial of the application, based upon the foregoing reasons, which constitutes the action of the Board of County Commissioners. The action of the Board of County Commissioners is based upon study and consideration of the factors outlined in Section 402.3.E of the Pasco County Land Development Code and the evidence presented at the public hearing on the application. Board of County Commissioners Chairman 8/29/17 Date Conditional Use No. CU17-26 wpdata\zn\cu_attachment_bcc_form_2011-12-28
US NI TERSTAT PASOC UOC NT SCENIC DR CU17-26 WIRELESS FACILITY IN C-2 PORTION OF: 21-25-16-075A-00000-00D4 TACOMA DR US HIGHWAY 19 FLORIDA BOAT & RV STORAGE,LLC/ T-MOBILE/ECO-SITE P O BOX 125 SPARTA, MI 49345 PHYSICAL ADDRESS: 9411 SHOPPERS WAY SUBJECT PROPERTY ROR EMBASSY BLVD SHOPPERS WAY TAZ-105 COMMISSION DISTRICT: 5 SUBJECT PROPERTY FUTURE LAND USE 2025 Ë 0 300 600 Feet PEGASUS AVE RES-9 UNICORN AVE VALLEYVIEW LN BINNACLE DR JARMAN LN RIELLY CT T 23 S T 24 S T 25 S T 26 S R 15 E R 16 E 01 J 19 54 géa FOL RID R 17 E T İ O LL 589 R 18 E US 41 01 52 géa FOL RID R 19 E 75 qpxe R 20 E 56 géad FL ROI R 21 E US 301 54 MNY R 22 E SPINNAKER RD T:\GIS Main\GISFlat02\LocationMaps\Zoning\CU17-26\CU17-26.mxd jhelmrich 5/15/2017
US NI TERSTAT PASOC UOC NT C2 CU17-26 WIRELESS FACILITY IN C-2 SCENIC DR PORTION OF: 21-25-16-075A-00000-00D4 TACOMA DR C2 US HIGHWAY 19 C2 C2 C2 C2 C2 C2 C2 FLORIDA BOAT & RV STORAGE,LLC/ T-MOBILE/ECO-SITE P O BOX 125 SPARTA, MI 49345 PHYSICAL ADDRESS: 9411 SHOPPERS WAY C2 MF2 TAZ-105 COMMISSION DISTRICT: 5 SUBJECT PROPERTY C2 C2 C2 EMBASSY BLVD SHOPPERS WAY C2 SUBJECT PROPERTY EXISTING ZONING Ë 0 300 600 Feet C2 C2 C2 C2 PEGASUS R4 AVE UNICORN AVE C1 MF2 VALLEYVIEW LN BINNA CLEDR C1 C1 R4 C1 C1 R4 C1 JARMAN LN RIELLY CT C1 C2 SPINNAKER RD T 23 S T 24 S T 25 S T 26 S R 15 E R 16 E 01 J 19 54 géa FOL RID R 17 E T İ O LL 589 R 18 E US 41 01 52 géa FOL RID R 19 E T:\GIS Main\GISFlat02\LocationMaps\Zoning\CU17-26\CU17-26.mxd jhelmrich 5/15/2017 75 qpxe R 20 E 56 géad FL ROI R 21 E US 301 54 MNY R 22 E