Board of County Commissioners County Administrator Maude Ford Lee, Chair Robert Weisman Warren H. Newell, Vice Chair Karen T. Marcus Department of Planning, Zoning & Building Carol A. Roberts 100 Australian Avenue Mary McCarty West Palm Beach, FL 33406 Burt Aaronson Phone: 561-233-5200 Tony Masilotti Fax: 561-233-5165 Petition No.: W/DOA96-118(A) Petitioner: Scripps Howard Broadcasting Co. Owner: Same Agent: Kilday & Associates Telephone No.: 561-689-5522 Project Manager: Helen LaValley, Planner Location: Approximately 0.25 miles west of State Road 7/US Highway 441 on the south side of Lantana Road (WPTV Tower). Request: Waivers (W) for setbacks from north, south, east, and west property lines. Request: Development Order Amendment (DOA) to replace an existing 1,031 foot TV broadcasting tower with a 1,331 foot tower. PETITION SUMMARY: Proposed is the replacement and relocation of an unmanned 1,331 foot TV tower on a forty (40) acre site. The existing 1,031 foot TV tower will be increased 300 feet. The petitioner is requesting waivers from setback requirements to permit the tower at a height of 1,331 feet. One access point to the tower compound will be provided from State Road 7/Highway 441. The subject site supports two (2) towers. The first tower, subject of this request, was constructed in the 1960's through a building permit. This tower did not require BCC approval at that time, therefore, it is nonconforming. In 1997, a 149 foot weather radar tower (Petition 96-118) was approved to locate on the same site. Both towers are owned and operated by WPTV-Channel 5 television station. ISSUES SUMMARY: o Consistency with Comprehensive Plan The Planning Division has reviewed the request for waivers from the required setbacks and determined that there are no inconsistencies with the parcel's Rural Residential-10 future land use designation of the Comprehensive Plan. o Compatibility with Surrounding Land Uses At the time the tower was constructed in 1962, the surrounding area was predominantly agricultural land. Today, the subject site is bounded on the north by two (2) properties. A vacant Agricultural Residential zoned property and a commercially (CG) zoned property with an abandoned structure. A vacant Agricultural Residential (AR) zoned parcel is located to the south. A recently approved eighty (80) acre wholesale nursery, known as Englert s Nursery (Pet. 99-50), is located to the west and another approved TV (Channel 12) tower (Pet. 97-114) is located to the east on a forty (40) acre parcel of land.
o Landscape/Buffering A fence or wall, a minimum of height of eight (8) feet, is required around the base of the tower and accessory structures and each guy anchor. Landscaping is required around the perimeter of the tower, accessory structures, and guy anchors. The landscaping requirements can be waived if the proposed landscaping is not visible from adjacent lots or right-of-ways. The subject site is forty (40) acres and is not adjacent to a right-of-way. The subject site is heavily vegetated and additional landscaping would not be seen from adjacent lots or right-of-ways. The required landscaping would not be warranted in this situation, therefore, the petitioner is requesting the landscape required be waived. o Traffic The Engineering Department has estimated that there is no net increase in traffic from this replacement tower. o Signs No signs are proposed with this request. Freestanding signs or signs attached to the tower identifying or advertising users of the facility are prohibited. o Waiver Request Pursuant to Section 6.4.D.22 of the Unified Land Development Code (ULDC), a waiver from the setback requirement for the television tower may be allowed. Additionally, the Code requires the nonconforming TV tower to obtain approval from the Board of County Commission prior to constructing the replacement tower. The justification for the replacement of the existing nonconforming tower is because of the age of the tower, to accommodate digital television, and support existing and future collocators. The Federal Communication Commission (FCC) requires all television stations be equipped with digital television by May 2002. As a result, the existing tower will be replaced in order to accommodate the new digital television antennas and support existing collocators, as well as, future collocators. The replacement tower will continue to serve the Channel 5 TV antenna and the proposed digital TV antenna. The petitioner has stated additional users wishing to collocate on the tower are WXEL-Channel 42, WXEL- Channel 27, as well as, antennas presently existing on the 1,031 foot tower. The current collocators, as provided by the petitioner, include the Bureau of Alcohol, Tobacco and Firearms, FEDEX, Palm Beach County School Board, Palm Beach Newspapers, Skytel, and Department of Transportation Radio. In addition to the collocators, the tower will be designed to support future antennas for TV, FM, and various two-way radio antennas. Existing television towers are exempt from the setback and separation distance requirements pursuant to Article 6.4.D of the Unified Land Development Code (ULDC). However, because of the proposed increase in height (+300 feet), the ULDC requires replacement towers of greater height to provide a minimum setback of 100% of the tower height from all property lines. In this case, the required setback would be 1,331 feet. By virtue of the lot size, the property measures 1,340 feet by 1,320 feet, the replacement tower is not able to meet these required setback requirements. The petitioner is requesting waivers from setback requirements from the north, south, east, and west property lines. Tower Setback Required Setback Proposed Setback Waiver Front 1,331 feet 523 feet 808 feet
Side Interior 1,331 feet 612 feet 719 feet Side Interior 1,331 feet 731 feet 600 feet Rear 1,331 feet 796 feet 535 feet o Waiver Criteria There are seven (7) criteria to be utilized by the Board of County Commissioners (BCC) when considering requests for waivers. Pursuant to Section 6.4.22, each request for a waiver must be consistent with all seven (7) criteria. The petitioner s response to the waiver criteria is shown in Exhibit E. Staff s response is as follows: 1. PROTECTION OF PUBLIC WELFARE: Approval of the waiver will not be injurious to the uses in the adjacent area and will not be detrimental to the public welfare. No. The waiver would not be injurious to uses in the area or detrimental to the public welfare. The tower has existed since 1962. The subject site is bounded on the west by an 80 acre wholesale plant nursery. To the south and north by vacant property and to the east is an existing TV tower (Pet. 97-114). To replace the tower due to the age of the existing tower is for the protection of the public welfare. The replacement tower would meet all other applicable requirement of the Unified Land Development Code (ULDC). Also, the Federal Aviation Administration has determined that this subject tower is not a hazard to air navigation. Granting approval of this petition would not be injurious or detrimental to the public welfare in the adjacent area. 2. ECONOMICS: Approval of the waiver is not solely based upon, or in large measure due to, costs associated with complying with the requirements of Section 6.4.D.22. No. The petitioner has indicated in the application that economics is not an issue in these waiver requests. The existing tower is over thirty (30) years old. Additionally, digital television is mandated by the FCC to be installed by May 2002. The tower will comply with all applicable ULDC requirements. 3. INCOMPATIBILITY NOT CREATED: Approval of the waiver will not result in an incompatibility between the proposed tower/communication facility and adjacent uses. No. The requested waivers would not result in an incompatibility of uses. The TV tower has existed since 1962. The tower would be permitted today in the AR zoning district pursuant to a Conditional Use A approval. The properties to the north and south are currently vacant. An approved undeveloped wholesale plant nursery is located to the west and an existing tower is located to the east. The subject property is heavily vegetated and will function as a natural buffer. 4. EXHAUSTION OF REMEDIES: Approval of the waiver, subject to documentation by the applicant, is necessary within the defined search or propagation study area as all other waiver alternatives have been exhausted. Alternatives to a waiver shall include but not be limited to such techniques as collocation, use of stealth or camouflage structures and use of building mounted equipment and facilities. Yes. This is an existing TV broadcasting tower. It was constructed in 1962. It is over thirty (30) years old and replacement is warranted due to the age of the tower. The other alternative is to acquire a new site and under the circumstances is not feasible. Unlike cellular towers, a TV broadcasting tower is licensed for a specific site.
5. MINIMUM WAIVER: Approval of the waiver is the minimum waiver that will make possible a reasonable use of the parcel of land, building or structure Yes. The requested waivers are the minimum necessary to allow a reasonable use of the parcel of land. A TV tower currently exists on the site. The existing tower is old and in need of replacement. No other waivers will be required to replace the tower. At the time the existing tower was built, Palm Beach County did not have regulations for towers. The tower will meet all other applicable ULDC requirements. No other waivers will be required and no other options are available to the applicant. 6. CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE ULDC: Approval of the waiver will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and the ULDC Yes. Communication towers/facilities are permitted in all land use categories. As stated earlier, this is a replacement tower. Other than this waiver request for setback requirements from all property lines, the tower will comply with the regulations for towers pursuant to Article 6.4.D.22 of the ULDC. 7. NOT DETRIMENTAL: Approval of the waiver will not be injurious to the area involved or otherwise detrimental to the public welfare No. Approval of this tower would not be injurious to the surrounding area. The tower today would be permitted pursuant to a conditional use approval. However, the petitioner wishes to construct the tower at additional 300 feet, with the intent of installing digital TV and having collocators. The replacement of the thirty (30) year old would be for the protection of the public welfare. The replacement tower will comply with all other applicable regulations of the ULDC and, therefore, is not considered detrimental to the public welfare. o Additional Criteria Pursuant to Section 6.4.D.22 of the ULDC, the request for a waiver must be consistent with one or more of the additional criteria. The additional criteria are: 8. Prohibition of service; 9. FAA limitations; 10. Lack of technical capacity; 11. Height of existing structures; 12. Lack of structural capacity; 13. Interference; 14. Unreasonable costs; 15. More appropriate site; 16. Avoid certain locations 17. Reduce residential impact; 18. Effect of governmental regulation or restrictive covenant. The petitioner has selected to respond to Criteria 8, 10, 11, and 12. Staff s response is as follows: Yes, the applicant has submitted documentation, in the form of an engineering statement by Warren Happel supporting the claim that the tower replacement and increased height are justified. The tower consultant has confirmed the requirement by the FCC to install digital TV by May 2002, and the need for the replacement of the thirty (30) year old tower, and the increase in height to provide enhanced digital TV service to the area. It is staff s understanding from discussion with the tower consultant, that TV broadcasting towers are different from a cellular communication tower. TV towers need to reach a much broader area to serve the area residents and the antennas are much heavier. The replacement tower needs to be constructed to support these heavier antennas. This would support the
petitioner s claim for the criteria for the requested waivers. Therefore, staff has determined that this criteria has been met. Additionally, Mr. Dickman, the tower consultant was asked to review the petitioner s engineering statement and application in order to confirm the information. He has confirmed that the FCC has mandated the conversion to digital TV by May 1, 2002. In his letter dated May 25, 2000 (see Exhibit F) this FCC requirement will result in the need to strengthen or replace existing TV towers in order to support these antennas, which are very large and heavy. Since both the analog and digital TV operate simultaneously, additional equipment will be required and is typically located at the highest elevation to maximize coverage. The tower consultant does go on to say, the additional 300 feet of height proposed is not mandated by the FCC, but it will result in enhanced coverage for the digital TV. Cellular towers are issued an FCC license for a broad area, whereas, broadcast towers are only licensed for a specific site. Therefore, a TV station typically tries to maximize its station s coverage by using the highest transmitter power and highest tower/antenna height as practical. The proposed increase in the TV tower s height is not mandated by the FCC, however, it is understood the tower will have increased coverage for broadcasts. TABULAR DATA EXISTING Property Control Number(s) 00-41-44-37-00-037- 0071 Land Use Designation: Rural Residential 10 (RR10) Same Same PROPOSED Zoning District: Agricultural Residential (AR) Same Use: TV Tower (1,031 feet) TV Tower (+300 feet) Acreage: 40.29 Acres Same Access: SR7/Hwy 441 Same PUBLIC COMMENT SUMMARY: At time of publication, staff had not received any letters regarding this request. RECOMMENDATION: Staff recommends approval of the request, subject to 9 conditions as indicated in Exhibit C. MOTION: To recommend approval of the request for Waivers (W) for setbacks from north, south, east, west property lines. MOTION: To recommend approval of the request for a Development Order Amendment (DOA) to replace an existing 1,031 foot high tower with a 1,331 foot high tower (TV Tower).
PLANNING DIVISION COMMENTS: STAFF REVIEW AND ANALYSIS LAND USE PLAN DESIGNATION: Rural Residential 10 (RR-10) Underlying Land Use: None CONSISTENCY WITH LAND USE PLAN DESIGNATION: The Planning Division has reviewed the request for a Development Order Amendment to replace a 1,031 foot guyed communication tower with a 1,331 foot guyed communication tower and a waiver from the separation and setback from residential structures requirement. No inconsistencies have been identified with the parcel's RR-10 future land use designation. Per Policy 2.2.9-d in the Future Land Use Element states, Transportation and Utilities uses (such as communication towers) shall be permitted in all future land use designations (56-FLU). SERVICE AREA/TIER: The subject property is not in the Urban Service Area (USA). The site is in the Rural Service Area (RSA). The subject property is also located in the Rural Tier. As a result, the proposed request is subject to Policy 1.4-j in the FLU which states, future development in the Rural Tier shall be consistent with native ecosystem preservation and natural system restoration, regional water resources management protection, and incorporation of greenway/linked open space initiatives. (29-FLU). This site is designated as a potential County acquisition site on the Greenways and Linked Open Space Program Map in the Comprehensive Plan. However, the County s Environmental Resource Management Department (ERM) has indicated that this site is not a site that has been targeted for acquisition by the County for preservation (a wildlife corridor). Therefore, the site does not conflict with the intent of Policy 1.4-j. FUTURE ANNEXATION AREAS: The subject site is not in a future annexation area identified within an adopted Comprehensive Plan. INTERGOVERNMENTAL COORDINATION: N/A SPECIAL OVERLAY DISTRICT/NEIGHBORHOOD PLAN/PLANNING STUDY AREA: N/A FINDINGS: No inconsistencies have been identified with the RR-10 future land use designation of the Palm Beach County Comprehensive Plan. ENGINEERING COMMENTS: There should be no net increase in traffic. PALM BEACH COUNTY PUBLIC HEALTH UNIT COMMENTS: No comment ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The property supports a dense cover of primarily native species. A 25% set-aside will be required and must be shown on the site plan prior to DRC certification. WELLFIELD PROTECTION ZONE: The property is not in a Wellfield Protection
Zone. IRRIGATION CONSERVATION CONCERNS AND SURFACE WATER: All new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall pursuant to the Water and Irrigation Conservation Ordinance No. 93-3. Any non-stormwater discharge or the maintenance or use of a connection that results in a non-stormwater discharge to the stormwater system is prohibited pursuant to Palm Beach County Stormwater Pollution Prevention Ordinance No. 93-15. ENVIRONMENTAL IMPACTS: There are no significant environmental issues associated with this petition beyond compliance with ULDC requirements. FINDINGS: The request is consistent with the environmental criteria pursuant to ULDC Sections 7.6 (Excavation) and 9 (Environmental Standards). OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire/Rescue will provide fire protection. SCHOOL IMPACTS: No impact to school system. PARKS AND RECREATION: N/A CONCURRENCY: Unmanned towers are exempt from concurrency review. FINDING: The request is in compliance with Article 11 (Adequate Public Facilities) of the ULDC. DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 40.29 acre site with a configuration of approximately 1,320 feet wide with an average depth of 1,320 feet. The site is accessed from State Road 7/Highway 441. The site currently supports a 1,031 feet TV tower and a 149 foot weather radar tower. ADJACENT LAND USE AND ZONING: NORTH: Comprehensive Plan: Rural Residential 10 (RR10) Zoning District: Agricultural Residential and General Commercial (AR & CG) Supporting: vacant SOUTH: Comprehensive Plan: Rural Residential 10 (RR10) Zoning District: Agricultural Residential (AR) Supporting: vacant EAST: Comprehensive Plan: Rural Residential 10 (RR10) Zoning District: Agricultural Residential (AR) Supporting: TV Tower (P97-114) WEST: Comprehensive Plan: Rural Residential 10 (RR10) Zoning District: Agricultural Residential (AR) Supporting: Nursery (P99-050 Englert)
SURROUNDING LAND USES: The subject site is bounded on the north by two (2) properties. A vacant Agricultural Residential zoned property and a commercially (CG) zoned property with an abandoned structure. A vacant Agricultural Residential (AR) zoned property is located to the south. A recently approved eighty (80) acre wholesale nursery, known as Englert s Nursery (Pet. 99-50), is located to the west and another approved TV (Channel 12) tower (Pet. 97-114) is located to the east. ZONING REQUIREMENTS: The petitioner is seeking waiver relief from the Board of County Commissioners for the tower to encroach into the required setbacks from all property lines. In granting the waiver request, the Board of County Commissioners will consider the seven criteria as indicated in Section 6.4.D.22 of the Unified Land Development Code. If the waivers are approved, the proposed tower will be required to obtain use approval and a building permit, at which time, it will be reviewed to assure compliance with all applicable code requirements and conditions of approval. PROJECT DESIGN\ANALYSIS: Proposed is the replacement and relocation, on the same 40 acre site, of an unmanned 1,331 foot TV tower. The existing 1,031 foot TV tower will be increased 300 feet. The petitioner is requesting waivers to permit the tower at a height of 1,331 feet. One access point to the tower compound will be provided from State Road 7/Highway 441. A 2,091 square foot equipment building and a 140 square foot electronics shelter building currently exists on the site. The petitioner is proposing to increase the equipment building by 4,000 square feet and add a 1,037 square foot generator/equipment building for an overall 7,268 square feet. Existing television towers are exempt from the setback and separation distance requirements pursuant to Article 6.4.D of the Unified Land Development Code (ULDC). However, because of the proposed increase in height (+300 feet), the ULDC requires replacement towers of greater height to provide a minimum setback of 100% of the tower height. In this case, the required setback would be 1,331 feet. By virtue of the lot size, the property measures 1,340 feet by 1,320 feet, the tower would not and could not meet the setback requirement. Therefore, the petitioner is requesting waivers from setback requirements from all property lines. FINDINGS: The request is consistent with the ULDC and the stated purpose and intent of the ULDC. The request complies with all standards imposed on it by all applicable provisions of the ULDC for use, layout, function, and general development characteristics. The request is consistent with the existing uses, character and zones of land surrounding and in the vicinity of the subject property and the appropriate zoning district for the subject property. Conditions in the area of the subject property have changed to the extent to warrant the request. The proposal complies with all relevant and appropriate portions of Sec. 6.6 (Supplementary Regulations) of the ULDC. The design of the proposed use should minimize any adverse effects on adjacent lands. The request will result in a logical, timely and orderly development pattern. EXHIBITS Exhibit A: Legal Description (NA - attached to resolution) Exhibit B: Exhibit C: Exhibit D: Exhibit E: Vicinity Sketch Conditions of Approval FAA Letter Application Waiver Criteria
Exhibit F: Tower Consultant Letter NOTE: There are no D conditions. EXHIBIT C CONDITIONS OF APPROVAL A. ALL PETITIONS 1. The approval granted by Resolution R-97-151, Petition 96-118, shall remain in full force and effect. (MONITORING) 2. Development of the site is limited to the uses and site design as approved by the Board of County Commissioners. The approved site plan is dated April 28, 2000. All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING) B. TOWER (1,331 foot high tower) 1. Palm Beach County and the State of Florida shall have the right to co-locate communication equipment on the subject tower at no charge, provided the placement of County or State equipment does not interfere with the petitioner's equipment or operations and shall be subject to the structural capacity of the tower. (ONGOING: PREM) 2. If liquid propane tanks are associated with the use of the communication tower the tanks shall be double walled and installed underground in accordance with Palm Beach County Fire Rescue and Environmental Resource Management requirements. (BLDG PERMIT: FIRE/ERM) 3. Should the requisite authority, such as the FCC or OSHA, having jurisdiction over the same, determine that the tower and/or facilities are dangerous to the public s health, safety and welfare, Palm Beach County shall have the right to require the tower and/or facilities to be removed or made safe within sixty (60) days written notice. (ONGOING: FIRE/ERM/HEALTH) 4. If tower lighting is required by the requisite authority such as the FAA, the lighting shall include a screening device to direct light away from the ground. The lighting shall also include a dual lighting system consisting of red lights for nighttime and high or medium intensity flashing white lights for daytime and twilight. (CO: BLDG - Zoning/FAA) C. ENVIRONMENTAL RESOURCES MANAGEMENT 1. If required a 25% upland set-aside preserve shall be shown on the site plan prior to final DRC site plan certification. (DRC: ERM) E. ENGINEERING No engineering conditions at this time.
F. COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a majority vote of the Code Enforcement Board to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Section 5.8 of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (MONITORING)