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HomeMy WebLinkAbout03142002 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF WORKSHOP MEETING MARCH 14, 2002 Chairman Barrett called the meeting to order at 6:58 PM. The Pledge of Allegiance was said. ROLL C/~.LL: PRESENT: Ms. Vesia Mr. Mahoney Ms. Carbano Ms. Monier(a) Ms. Reichert(a) Chmn. Barrett VC Smith Mr. Rauth Mr. Svatik, Jr. ALSO PRESENT: Jan King, Growth Management Manager Ann Brack, Recording Secretary ANNOUNCEMENTS: None APPROVAL OF MINUTES,;, None OLDBUSlNESS: NEW BUSINESS: None Addition to the Land Development Code:. Discussion of language for a proposed ordinance regarding telecommunication towers Chron. Barrett noted that Emil Svatik, a Commission member and expert in the telecommunication field, would be giving a presentation. Mr. Svatik furnished packets which consisted of a telecommunication ordinance from the Board of County Commissioners of Alachua County, Flodda, adopted Aug.' 8, 2000, and related descriptive information and definitions. Mr. Svatik noted that, in his opinion, this is the best overall ordinance on this subject, to date, and he called many places including Ohio, California, Las Vegas and Florida. He then explained that he spoke with Ms. Penny Wheat on the Board of County Commissioners in Alachua County, who noted that they spent three (3) years: putting together their tower ordinance. He commented on the importance of the definitions section of any ordinance, Mr. Svatik exhibited information on the slides that duplicated the first section of the packet that he furnished. He commented that it is unfortunate that the City Attorney is not present for this presentation. PLANNING AND ZONING COMMISSION MINUTES OF WORKSHOP MEETING OF MARCH 14, 2002 Mr. Svatik also noted that there are copies of e-mail messages, sent to him frOm Ms. Wheat, attached on the back of the packet. He stressed a point that Ms. Wheat made about this ordinance providing revenue for the municipality. Mr. Svatik proceeded to expand on the follOwing issues: 1. the importance of "language" and "terminology" 2. the fact that locations are already selected for "towers" in i.R. County, by tower providers, but may not be common knowledge 3. his opinion on whether or not we (Sebastian) need consultants 4. the difference between a tower provider and service provider 5. the role that government property plays in location 6. the future of wireless 7. super, macro, & micro cell technology, and coverage area 8. the appearance of tomorrow's towers 9. the current status of Sebastian and what the future holds 10. SOHO - small office/home office - projected for 2003 - 2004 11. the importance of planning and controlling the infrastructure 12. the cost of a base station versus the revenues derived 13. the issue of bootlegging 14. local governments cannot refuse to allow them, but can control location and appearance 15. his rating of eight (8)other ordinances in Florida 16, decisions facing Sebastian He commented that Alachua County has won in court twice with their ordinance, and he recommended that we look at their ordinance, talk to their team. He feels this. ordinance puts them in the driver's seat, and the fact that it has been challenged twice and has held up gives some indication of its strength. He also noted that their ordinance contains a plan for infrastructure, which allows applicants to fit into the city's land-use plan. Mr. Svatik then suggested that this Commission review this particular ordinance and meet with Ms. Wheat who has volunteered to come to Sebastian to do a presentation. He also suggested having Ms. Wheat and Mr. Ted Kreines in California look at our ordinance when it is drafted. He commented that time is a critical element because of our moratorium. Ms. Monier asked if the big towers will still be needed when the small ones are installed, and Mr. Svatik responded that they would. There was discussion about the use of telephone poles being installed to hold towers, and the influence of our airport on height restrictions. Having been a pilot, Chmn. Barrett offered some information on this issue and FAA Involvement. Mr. Svatik also urged that when a tower provider applies for a permit, he must be required to provide information about who is going on the tower. There was discussion about the control of air rights over the FEC railroad, and Chmn, Barrett noted that FEC has a one hundred foot (!00') box around the track area in the PLANNING AND ZONING COMMISSION MINUTES OF WORKSHOP MEETING OF MARCH 14, 2002 State of Florida. Mr. Rauth asked if railroad, federal, state and county right-of-way, within the City of Sebastian, falls under the City jurisdiction. There was discussion on this issue. Chmn. Barrett suggested that the City Attorney check the ordinance presented tonight, and asked for suggestions from Commission members. Ms. Monier opined that the information presented tonight was very good, but she thought that Sebastian has unique situations in the presence of the river, U.S. #1 being a main thoroughfare, and the railroad. She felt that these three components present the biggest hurdle since the City does not have jurisdiction over them. But she indicated that heights and setbacks, etc, could be addressed. Chmn. Barrett asked Jan King to request Atty. stringer to research the legalities of the FEC Railroad corridor, and if there are some areas of control that the City might have in that corridor. He noted that FDOT has control within the right-of-way along U.S. #1. Sherd Reichert commented that if some of these towers resemble utility poles, they might eventually be installed adjacent to a roadway. Mr. Svatik referred to the last attachment in the packet that he provided which is the letter from Ms. Penney Wheat. He stressed the research and backgro'und work done by that group over a period of three years and how our City could benefit from this information. And he noted that Ms. Wheat has offered all of their resources to us for reference, and has volunteered to make a presentation to Sebastian. There was discussion by the Commission members. Commission members requested that the next workshop include a presentation by Alachua County representatives. A suggestion was also made to invite Indian River County to hear this presentation. Mr. Svatik commented that some consultants in this field have "a foot in both camps", and care needs to be taken to thoroughly investigate those connections before contracting with them. Mr. Mahoney commented that these tower applications could be a special use or a special exception or a conditional use, Chmn. Barrett asked Jan King to try to get some indication of the possibility of having an Alachua County presentation, and informing this Commission by the next regular meeting on March 21. Gene Rauth noted that there are also some federally owned properties in the local area and asked that they also be included in the list presented to Atty. Stringer for an opinion on jurisdictional control. PLANNING AND ZONING COMMISSION MINUTES OF WORKSHOP MEETING OF MARCH 14, 2002 Mr. Svatik noted that FCC has made an amendment to their jurisdiction that if there are historical or environmentally protected areas, you would have :more 'Strength in regulating the infrastructure layout. He also noted that U.S. #1 has been designated as a historical preservation area. Chmn. Barrett further commented that he would like to have some further guidance from Staff and Atty. Stringer by next Thursday's meeting about when the next workshop can be scheduled, Sherri Reichert offered to provide transportation to Gainesville for the P & Z Commission to hear Ms. Wheat's presentation if it is not feasible for her to come to Sebastian. Emil Svatik offered to have a discussion with Growth Management Director Tracy Hass tomorrow, but he will be out of town from Sunday, March 17th through Sunday, March 24th. Mr. Mahoney asked if Atty. Stringer's offer to obtain a model ordinance drawn up by the group of Attorneys would be desirable at this stage for the price of $250. There was discussion. Jean Carbano pointed out that the Alachua County ordinance has been preven in court, which makes it very attractive. Jan King suggested that Atty, Stringer might call Alachua County and inquire whether the above-mentioned Attorney-designed ordinance was used in their ordinance, Mr. Svatik commented that he started his inquiry with two brief sentences, and Ms. Wheat responded with a tremendous amount of information and seemed very committed to this issue. He also suggested that the City should hold off laying out money for another ordinance until we see if it is needed. He then indicated that he would contact Ms. Wheat with results of tonight's meeting, and let her know she may be hearing from Tracy Hass. Chmn. Barrett adjourned the meeting at 8:07 PM. (3/18/02 AB) 4