Okaloosa County BOCC — October 15, 2013 — E - Request Letter & Supplemental Documentation for BWB DRI DO Amendment (1 of 3) — reading text

Law Office of Lauralee G. Westine, P.A. 800 Tarpon Woods Boulevard, Suite E-1 Palm Harbor, Florida 34685 Telephone: (727) 773-2221 Facsimile: (727) 773-2616 SENT VIA UPS OVERNIGHT DELIVERY July 30, 2013 Elliot Kampert, AICP; Director Okaloosa County Growth Management Department 1804 Lewis Turner Boulevard, Suite 200 Fort Walton Beach, FL 32547 RE: Crown Castle Niceville--Supplemental Documentation for Bluewater Bay DRI DO Amendment and Variance Applications Dear Mr. Kampert: On March 28, 2013, my client, Crown Castle, USA (Crown) submitted to Okaloosa County the following applications and supporting documentation in order to replace an existing 317' tower with a 317' self support tower to be located within the Bluewater Bay DRI, 1050 Bay Drive, Niceville, Parcel ID 22-1S-22-0000-0001-0090: (1) Development Order Application and (2) Variance Application. Currently, this tower is supporting the antennas of federal, state and local public safety entities. The location of this tower was reviewed and determined that it would allow the existing level of service to these entities. On March 28, 2013, Crown submitted to the Florida Department of Economic Opportunity (DEO) a request for a determination that the addition of the 317' replacement tower to aforementioned parcel located within the Bluewater Bay DRI be considered a non-substantial deviation. On June 17, 2013, DEO issued a letter stating that the proposed 317! replacement tower "...may be reviewed and adopted as a non-substantial amendment to the development order..." without going through the NOPC process described in Section 380.06(19)(e)2, Florida Statutes. Boih the initial March 28, 2013 correspondence and the June 17, 2013 correspondence have been included herein as Exhibits A-1 and A-2. On May 30, 2013, Crown's proposed 317' replacement tower was reviewed and unanimously recommended for approval by the Okaloosa County Aviation Advisory Committee. correspondence is included herein as Exhibit B. As such, Crown respectfully requests that the Bluewater Bay DRI be amended to allow one 317' self support communication tower at 1050 Bay Drive, Niceville. Parcel ID 22-1 S-22-0000-0001- 0090 in accardance with the site plan submitied on March 28, 2013. The parent tract is zoned Mixed Use-] (MU-1) and has a future land use designation of Mixed Use-1 (MU-1). The MU-1 district allows for residential, commercial, institutional, industrial, recreation or any combination thereof as approved in the DRI development order. Currently, the Bluewater Bay DRI map identifies the parent tract as Recreation (R). Crown is not requesting the overall designation of Recreation be modified, rather that the Board of County Commissioners approve the tower use on the parent tract as a permitted use in accordance with 2.20.081, Okaloosa County Land Development Code. Please see below how this application complies with the applicable Future Land Use Policies. For your convenience, my responses are bolded below. FUTURE LAND USE POLICIES Policy 1.1 The maximum densities and intensities permitted on a given parcel of land shall be based upon the suitability of topography and soil types for septic drainfield systems, potable water wells, and ability to physically support buildings and improvements, as determined by the Okaloosa County Soils Map, and Department of Health, the Natural Resources Conservation Service, DEP, COE, and appropriate engineering manuals, in the review of proposed development projects. Consistency: X_ YES NO N/A Analysis: The proposed replacement tower will not increase the density or intensity of uses on the parent tract which is currently being used in the following manner: swimming pool, tennis courts, putt putt golf course and boat storage. The tower is unmanned. It generates approximately 1/trip/month/tenant. The tower does not require water or sewer, only electricity and telephone. No buildings shall be constructed as part of the tower facility. Equipment shelters or cabinets shall be installed to accommodate tenants on the tower. Prior to construction, a soil report is reviewed as part of the engineering of the concrete caissons. Policy 1.2 The development approval shall ensure that new development and redevelopment is consistent with natural drainage patterns, and further shall require appropriate stormwater management systems consistent with the adopted drainage level of service, natural drainage patterns, and soil conditions. Consistency: _ X YES NO N/A Analysis: The tower and related facilities are located within a 100' x 100' lease area which shall be fenced. Other than concrete slabs on which to place tenants’ equipment and concrete caissons, the balance of the compound area is unpaved and covered with gravel. Drainage calculations will be provided as part of site plan/building permit review. Currently, Crown engineers are working with county staff on this matter. Policy 1.3 Flood plains and floodways in the County shall be identified and development shall be limited, consistent with FEMA requirements. Also see Conservation Policy 2.1 and Coastal Management Policy 2.1.2. Consistency: xX YES NO N/A Analysis: The proposed tower is located in Flood Zone X. Objective 2 Development, redevelopment, land use plan amendments, and changes to the zoning of a site shall be coordinated with the availability of facilities and services, including assurance that land is available for the needed facilities and services. Policy 2.1 All development permits for development undertaken after adoption of this ordinance, including any redevelopment activities, shall be issued only if there are public facilities and services available with sufficient capacities to maintain the level of service standards adopted in this plan concurrent with the impacts of the proposed development. Consistency: xX YES NO N/A Analysis: The proposed tower does not require public facilities such as school, sewer or water. The tower solely utilizes telephone and power. A technician generally visits the tower site 1x/month. As such, the tower will not impact the level of service standards adopted. Policy 2.2 Development orders and/or permits may be issued conditioned upon the availability of facilities and services to meet the needs of development pursuant to the minimum standards to satisfy concurrency requirements established in Chapter 4, Policy Document. Consistency: xX YES NO N/A Analysis: The tower will not increase the density of the area in that it is not adding residential units or commercial square feet to the Bluewater Bay DRI. Facilities and services required for the tower, such as power and telephone, are readily available. Policy 2.4 The County shall continue to require dedication of adequate rights-of-way for use as roadways and by utility companies for new construction, service extensions, or facility improvements. Consistency: YES NO X N/A Analysis: ROW and utility easements exist in the area. Policy 2.5 The County shall maintain and enhance the safety and efficiency of the arterial and collector road system and minimize transportation conflicts associated with development by coordinating the FDOT driveway permitting process, limiting development access to the transportation system, and increasing interconnection between adjacent developments. Consistency: YES NO X_ N/A Analysis: The tower has little to no traffic impact. Policy 2.6 Residential and non-residential developments may be proposed in phases in order to coordinate the provision of facilities and services with the actual development that requires the facilities and services. Consistency: YES NO X_ N/A Analysis: The tower project shall be completed at one time and all facilities and services are presently available. There is no propose phasing of the project. Objective 3 The County shall encourage redevelopment of areas that are exhibiting evidence of decline (i.e., disproportionate number of vacant, dilapidated and/or substandard structures). Redevelopment shall be encouraged through redevelopment programs, through cooperative efforts with adjacent local governments, and through maintaining land development regulations that contain standards and procedures to encourage redevelopment in zoning districts where such redevelopment is desirable. It is further the objective of the County to ensure that redevelopment does not create incompatibilities of land use districts or adjacent structures nor continue existing incompatibilities. Policy 3.1 Compatibility shall be a primary concern in the review and approval of redevelopment projects, and shall be ensured through Policies 4.1, 4.3, and 4.5. Consistency: YES NO xX NA Analysis: The proposed tower is new construction and not proposed redevelopment. Policy 3.4 In cases where redevelopment projects cannot meet current development standards the County shall, through the development review process, work together with the developer to find methods of mitigation that will improve the site to the maximum extent possible. Consistency: YES NO x N/A Analysis: The proposed tower is new construction and not proposed redevelopment. Objective 4 Land uses (both general land use categories and zoning districts as well as individual uses or activities or structures housing those uses) should be generally compatible with the character of the adjacent and surrounding neighborhood or community. Toward this end, uses that are inconsistent with the neighborhood or community character shall be reduced or eliminated over time. Policy 4.1 Compatibility between land uses shall be promoted by: 1. Future land use designations on the future land use map and allowable uses, densities, and intensities within such designations; 2. Zoning districts on the official zoning map and attendant zoning regulations, and; 3. Mitigation measures as described in Policy 4.3. Consistency: _ X YES NO N/A Analysis: The MU-1 district within the Bluewater Bay DRI allows residential, commercial, institutional, industrial, recreation or any combination thereof as approved in the DRI development order. While the parent tract is designated Recreation, its use as boat storage facility lends itself to be a more commercial use. DEO has determined that the proposed 317' replacement tower on the parent tract is not a substantial deviation from the original DRI. Policy 4.2 Compatibility determinations shall be included in the review and approval of both new development and redevelopment; however, for redevelopment of blighted areas, compatibility alone will not negatively affect the review. Consistency: YES NO x N/A Analysis: The tower is new construction and not redevelopment. Policy 4.3 The County may consider or require any or all of the following techniques used in a proposed development to wholly or partially mitigate incompatible impacts: a. variable buffers, combining land and landscaping to achieve adequate separation of uses, appropriate open space, reduction of potential noise, light, glare, and/or pollution, and screening of physical features of a proposed development (also see Policy 10.14); b. variable setbacks, based upon degree of difference in proposed density, intensity, scale, mass, or height; c. placement and effective screening or shielding of site features such as lights, signs, dumpsters, loading areas, parking areas, outdoor storage, or other features with potential negative impacts; d. effective transitions of on-site densities, intensities, scale, mass, or height; and e. other innovative site design features that effectively achieve compatibility and effectively mitigate potential negative impacts. Consistency: X YES NO N/A Analysis: Crown proposed the tower in a highly vegetative area in order to buffer and screen the tower from the surrounding uses. While Crown is requesting 2 variances from residential separation, the tower has been designed with a 100' fall radius, the smallest setback to the parent