Okaloosa County BOCC — October 5, 2013 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 1, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Amendment to the Bluewater Bay Development of Regional Impact (DRI) DEPARTMENT: Growth Management BCC DISTRICT: 5 STATEMENT OF ISSUE: To amend the Bluewater Bay Development of Regional Impact (DRI), Development Order 77-1 to allow a self supporting communication tower as a permitted use on parcel 22-1S-22-0000-0001-0090 which is designated as Recreation (R) on the Master Plan dated October 7, 2008 as submitted by Lauralee Westine as agent on behalf of the property owner, Recreation Services, Inc. The property is currently zoned Mixed Use 1 (MU 1) and the future land use map designation is Mixed Use 1 (MU 1). The property is located on the north side of Bay Drive, north of Lido Village Subdivision, Niceville and the lease area contains 0.23 acres more or less. In the alternative - to consider continuing the hearing for 90 days as requested by the applicant due to extenuating circumstances as described. below. BACKGROUND: On September 17, 2013, the Board anonymously voted to continue the public hearing to October 1, 2013 in order for the applicant to host a community meeting and to reach out to the property owner of the existing tower located at 4901 Nelson Point Road regarding the extension of the agreement. On September 23, 2013, the Growth Management Department received the attached letter from Lauralee Westine, as agent for Crown Castle, requesting that the hearing currently slated for the October 1st BCC meeting be continued for 90 days due to a death in the immediate family of the owner of the property on which the tower is currently located. The 90 days is requested to allow the family time to grieve without the distraction of lease negotiations. Staff has no objection to the requested 90-day continuance. If the continuance is granted, the hearing will have to be re-advertised; the applicant's agent has agreed to pay for the expense of re-advertising and posting of signs. As this is a continuation of a previously advertised public hearing, any member of the public who attends the Board meeting and wishes to speak on this matter should be given the opportunity to do so, even if the Board decides to grant the 90 day continuance. The information below is provided in case the Board decides to conduct the public hearing and take action on the public hearing, rather than grant the requested continuance: The subject parcel is currently being used for swimming pool and commercial boat storage. The applicant is not requesting to modify the overall designation of the parent tract, but is requesting that the Board amend the DRI Development Order to allow the cell tower as a permitted use on the subject property. The proposed 317 feet self supporting tower is a replacement of the existing 317 feet guy tower located at 4901 Nelson Point Road, Niceville which will be removed once the new tower is constructed and all antennas are re-installed to the new tower. The proposed replacement tower and related facilities will be located within a 100’ x 100’ lease area; it will be fenced and landscaping will be placed around the perimeter of the tower compound. There will be no buildings constructed as part of the tower facility, only equipment shelters or cabinets will be installed to accommodate the tenants on the tower. The proposed tower will accommodate AT & T, the antennas of three (3) other wireless carriers and antennas of many law enforcement governmental entities. The Department of Economic Opportunity (DEO) and the West Florida Regional Planning Council (WFRPC) have reviewed the request and determined that the replacement tower is not a substantial deviation pursuant to Section 380.06(19)(e)2.k, Florida Statutes. If the County approves the change, it will not require the filling of the Notice of Proposed Change (NOPC) but must render the amended Development Order to the Department once it is adopted. The Federal Aviation Administration (FAA), Eglin Air Force Base (EAFB), and the Aviation Advisory Committee (AAC) do not have any objection to the proposed tower. The County Public Safety Department has verified that the State Law Enforcement Radio System (SLERS) currently on the existing tower is an integral part of the County's emergency communication system. The tower is referred to by the State as the “Niceville” tower, and it provides coverage to the system users in the Valparaiso, Niceville, and Bluewater Bay areas. The State users include the Florida Highway Patrol, Florida Fish & Wildlife Commission and the Department of Transportation. The local users include the fire districts (any fire districts that could respond into Niceville, Bluewater Bay or Valparaiso, including the South Walton and Walton Fire Rescue), Emergency Medical Services and Law Enforcement (Sheriff’s office, Niceville Police, Valparaiso Police and Airport Police). The ability to communicate with personnel via this radio system is vital to the emergency response system to Okaloosa County. A letter from Bruce Myers, P. E., SLERS System Manager with Department of Management Services has been received stating that the tower site is a critical site for the Statewide Law Enforcement Radio System (SRERS) and for the Okaloosa subscribers using SLERS for law enforcement and first responder communications. The site was selected due to its ability to provide coverage to these areas. Any need to relocate or build a tower further to the north would adversely impact the radio coverage and the safety of law enforcement, public safety officials and the general population of these areas. Correspondence from the Okaloosa County Property Appraiser indicates that his office has not used proximity to a tower as the determining factor for assessing the values of adjacent properties. Staff has received several calls and emails, and has met with two adjacent property owners regarding the proposed tower. The main concerns include the structural stability of the tower, safety of children who may be tempted to climb the tower or access the compound, and the overall impact on the community. Staff has also received a copy of a petition signed by numerous Bluewater residents in opposition If the Board approves the amendment to the DRI Development order as requested by the applicant, the proposed self supporting communication tower must still go before the Board of Adjustment for approval of the proposed height, and a reduction of the minimum setback distance from 500 feet to 317 feet to the nearest residential use. The Board of Adjustment is scheduled to hear this issue during its meeting of November 13, 2013 which will be held at 1:30 PM at the Okaloosa County Water & Sewer Administrative Complex, 1804 Lewis Turner Boulevard, 3rd Floor, Commissioners Chambers, Fort Walton Beach. Since the proposed development is a tall structure and more than 100’ in height, the project is required to be submitted to the Planning Commission for recommendation and must obtain a final approval from the Board of County Commissioners. The Planning Commission is scheduled to hear this issue during its meeting of November 14, 2013 at 5:01 PM at the City of Niceville Board Room, 208 North Partin Drive, Niceville. Following the Planning Commission meeting, the issue will be placed on the agenda for the November 19 Board of County Commissioners meeting scheduled for 8:30 AM at the Okaloosa County Water & Sewer Administrative Complex, 1804 Lewis Turner Boulevard, 3rd Floor, Commissioners Chambers, Fort Walton Beach. As of this writing, the applicant's agent has set up a meeting with the area homeowners. However, the results of the meeting will not be available by the deadline by which this staff report must be submitted. OPTIONS: Grant the continuance as requested by the applicant, or conduct the public hearing and approve or disapprove the proposed amendment to the Bluewater Bay DRI Development Order. RECOMMENDATIONS: The Growth Management Department request that the Board consider the requested 90 day continuance of the hearing and to provide guidance to the staff regarding this matter. If the Board decides to re-schedule the hearing as requested, the applicant is responsible for the legal ads on the paper and posting of the public hearing sign on the site. If the Board decides to take action on the requested amendment to the Bluewater Bay DRI Development Order, staff recommends that the Board consider the facts presented herein, as well as any other facts that may be presented during the public hearing, and then decide whether or not to allow the proposed self supporting tower on parcel 22-1S-22-0000-0001-0090 which is designated as Recreation on the Bluewater Bay DRI Master Plan dated October, 7, 2008. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator