BCC June 22, 2006 Page 153 Application No. CA2006-015 BCC District 6 Control No. 1996-027 Project No. 05186-000

PALM BEACH COUNTY

PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Application No.: CA2006-015 Control No.: 1996-027 Applicant: Verizon Wireless Owners: School District of Palm Beach County Agent: CDS, Inc. - Christy Bartolucci Telephone No.: (954)234-7070 Project Manager: Ora Owensby, Senior Site Planner

oowensby@pbcgov.com ______________________________________________________________________ Location: Southwest corner of 60th Street North and 140th Avenue North. (Verizon Wireless Western Pines Middle School) ______________________________________________________________________ Title: Class A Conditional Use. Request: To allow a Self Support Communication Tower. ______________________________________________________________________ APPLICATION SUMMARY: Proposed is a Class A Conditional Use for Western Pines Middle School to add a Commercial Communication Tower that will be used by both the School Board and Verizon to improve communications in the area. The proposed self-support tower will be 199 feet in height and will be located at the west end of the middle school building. Access to the site will remain from 140th Avenue North (2). ______________________________________________________________________ ISSUES SUMMARY: o Consistency with Comprehensive Plan

The Palm Beach County Planning Division indicates the site has a Rural Residential 10 (RR-10) Future Land Use (FLU) designation. The current Conditional Use A request for a Commercial Communication Tower is generally consistent with all FLU designations, subject to the siting criteria of the Unified Land Development Code (ULDC). The development is located within the Rural Tier and is located within the Central Western Communities Sector Planning Area (CWCSP). The recommendations for the Sector Planning effort are neutral in regard to this request. See Planning Division comments for additional information.

o Compatibility with Surrounding Land Uses To the north, south and west are existing orange groves, with residences to the east. The rural-residential uses to the east across 140th are visually shielded from the base of the tower by the middle school building. The ULDC addresses compatibility with surrounding land uses through the application of setbacks, landscape buffers, and other considerations. As proposed and subject to the recommended conditions of approval, staff does not anticipate any adverse impacts to the surrounding properties from the request.

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o Traffic The Traffic Division estimates that this request will generate approximately 2 trips per month. o Landscape/Buffering The proposed site plan indicates the landscape requirements around the base of the tower, and the screening of accessory equipment will be addressed by an Alternative Landscape Plan at final DRO review. Since the tower is located on the west side of the middle school building, any landscaping planted there would not be visible. Zoning recommends that the required landscaping be distributed throughout the school site to provide more benefit to the users of the site. Pursuant to Article 4.C.3.E, a Type 1 landscape buffer around the perimeter of the tower, with all accessory equipment and structures to be located within the required buffer. A Type 1 buffer consists of canopy trees 20-feet on center and a 6-foot high visual screen consisting of hedge and wall or fence and/or berm. Landscaping located outside of the lease parcel is required to be maintained via a maintenance agreement. Staff does not object to the proposed Alternative Landscape Plan since the users of the site would benefit more from the distribution of the landscaping, and since the tower will be screened from view from the street by the middle school building. o Self-Support Communication Tower The proposed tower is 199 feet in height and will be shared by Verizon and the School Board in order to improve communications in the area. The Verizon antennas will be located at approximately a height of 169 feet, with the School Board antennas located at a height between 179 and 199 feet. The ULDC requires a visual impact analysis, shared user notification, and a minimum setback to the nearest residential structure of 600% of the tower height, and not less than 150% of the tower height to the property line. A visual impact analysis has been provided to show that visibility of the tower will be screened to the greatest extent possible from surrounding streets and residential uses. Notification has been provided to all potential users on the Zoning Division Tower User Notification list. Required and provided tower setbacks are as follows: North setback 298.5’ required 867’ provided South setback 298.5’ required 307’ provided East setback 1194’ required 1576’ provided West setback 298.5’ required 416’ provided Staff has no objection to the required studies and setbacks provided. Staff recommends a condition of approval to require the tower location to remain as shown. Any change in location will require BCC approval. ZONING COMMISSION (ZC) JUNE 1, 2006 The application was pulled from the consent agenda by the agent David Felton. He questioned Tower Condition 2 regarding the County requiring removal based on other regulatory agencies’ determination of whether the tower is dangerous to the public. The Zoning Commission asked staff to evaluate whether the condition was necessary. Staff, in consultation with the County Attorney’s office has reviewed his request and found it reasonable to remove the condition. The Zoning Commission recommended approval of the application 7-0.

BCC June 22, 2006 Page 155 Application No. CA2006-015 BCC District 6 Control No. 1996-027 Project No. 05186-000

TABULAR DATA

EXISTING

PROPOSED

Property Control Number(s)

00-41-43-05-00-000-1020 00-41-43-05-00-000-1010

Same

Land Use Designation:

Rural Residential (RR-10) Same

Zoning District: Agricultural Residential District (AR)

Same

Tier: Rural Same Use: School, Elementary or

Secondary

Communication Tower, Commercial

Acreage: 56.43 acres Same Floor Area: N/A N/A Building Coverage: N/A N/A Lot Coverage: N/A N/A FAR: N/A N/A Parking: None Same Access: None None

CODE ENFORCEMENT: N/A ______________________________________________________________________ PUBLIC COMMENT SUMMARY: At the time of publication, staff had received no letters from the public. ______________________________________________________________________ RECOMMENDATION: Staff recommends approval of the request subject to 8 conditions of approval as found in Exhibit C. ______________________________________________________________________ MOTION: To adopt a resolution approving a Class A Conditional Use to allow a Self Support Communication Tower.

BCC June 22, 2006 Page 156 Application No. CA2006-015 BCC District 6 Control No. 1996-027 Project No. 05186-000

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BCC June 22, 2006 Page 157 Application No. CA2006-015 BCC District 6 Control No. 1996-027 Project No. 05186-000

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AERIAL PHOTOGRAPH NOT INCLUDED IN ELECTRONIC STAFF REPORT

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SITE PLAN DATED MARCH 29, 2006

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BCC June 22, 2006 Page 161 Application No. CA2006-015 BCC District 6 Control No. 1996-027 Project No. 05186-000

STAFF REVIEW AND ANALYSIS

PLANNING DIVISION COMMENTS: FUTURE LAND USE (FLU) PLAN DESIGNATION: Rural Residential, one unit per 10 acres (RR-10) Underlying Land Use: N/A CONSISTENCY WITH FUTURE LAND USE (FLU) PLAN DESIGNATION: The Planning Division has reviewed the request for a Conditional Use A approval to allow a self supported communication tower and determined the development proposal is appropriate for this parcel's RR-10 residential FLU designation. Policy 2.2.9-d states Transportation and Utilities uses [such as communication towers], with the exception of power plants, shall be permitted in all future land use designations subject to special siting criteria set forth in the Unified Land Development Code. The placement of utility uses in residentially designated areas shall be controlled through the ULDC to ensure the protection of existing and anticipated residential areas from adverse impacts of the facility. TIER: The subject property is in the Rural Tier. 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: The site is located within the boundaries of the Central Western Communities Sector Planning Area (CWCSP). Prior to Development Review Officer (DRO) certification, Planning staff reviewed the petition and had the following analysis: With regards to the CWCSP, the BCC directed staff in July 2000 to initiate a comprehensive regional planning effort in the central western portion of the County to address impacts associated with existing rural residential development and to develop a plan that will guide land use decision-making in the future. The Sector Plan and a conceptual plan overlay for the area were adopted by the BCC on August 22, 2005, but were found not in compliance by the Department of Community Affairs (DCA). However, the County and the DCA are currently discussing pending issues related to the Sector Plan and the conceptual overlay in search of a potential settlement agreement. In the meantime, the BCC has endorsed recommendations for the Sector Planning effort and has recommended staff to use them as a guideline for development review. The guiding principles of the Sector Plan are neutral in regard to this request. FINDINGS: The request is consistent with the land use designation of the Palm Beach County Comprehensive Plan. The request is not inconsistent with the Central Western Communities Sector Plan. ______________________________________________________________________ ENGINEERING COMMENTS: MAJOR THOROUGHFARES Traffic expected from this project is 2 trips/month.

TRAFFIC: 140th Street N SEGMENT: Project entrance to 60th Street PRESENT: - HISTORICAL GROWTH TRAFFIC: - OTHER DEVELOPMENT TRAFFIC - FROM PETITION: 2 trips/month

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TOTAL: - PRESENT CAPACITY AT LEVEL OF SERVICE “D”: 15400 PRESENT LANEAGE: 2 lane

______________________________________________________________________ PALM BEACH COUNTY HEALTH DEPARTMENT: Microwave transmission towers or cell towers are regulated by the United States Federal Communications Commission (FCC). The FCC has developed standards to protect public health based on current scientific information. Therefore, the proposed tower should pose no threat to public health provided strict adherence to the FCC regulations is maintained. _____________________________________________________________________ ENVIRONMENTAL RESOURCE MANAGEMENT COMMENTS: VEGETATION PROTECTION: The site is currently a Middle School facility. The site contains no native vegetation. WELLFIELD PROTECTION ZONE: The property is not located within 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. ______________________________________________________________________ OTHER: FIRE PROTECTION: The Palm Beach County Department of Fire Rescue will provide fire protection. SCHOOL IMPACTS: No educational impact created by this project. PARKS AND RECREATION: Not applicable. CONCURRENCY: A communication tower is exempt from Concurrency. WATER/SEWER PROVIDER: Not applicable. FINDING: The proposed Zoning Map Amendment complies with Article 2.F of the ULDC, Concurrency (Adequate Public Facility Standards). DEVELOPMENT REVIEW EVALUATION: SITE FACTORS: A 56.43-acre school site, approximately 1192 feet in width with an average depth of approximately 2021 feet, and accessed by 140th Street North Road (2). The site is currently developed with an elementary school and a middle school.

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ADJACENT LAND USE AND ZONING: NORTH: FLU Designation: Conservation (CON) Zoning District: Public Ownership District (PO) Supporting: Conservation ( Control No 02-019) EAST: FLU Designation: Rural Residential (RR-2.5) Zoning District: Agricultural Residential District (AR) Supporting: Residential WEST: FLU Designation: Rural Residential (RR-10) Zoning District: Agricultural Residential District (AR) Supporting: Agricultural SOUTH: FLU Designation: Rural Residential (RR-10) Zoning District: Agricultural Residential District (AR) Supporting: Agricultural

ZONING REQUIREMENTS: A final site plan shall be approved by the Development Review Officer (DRO) in accordance with the Unified Land Development Code (ULDC). The DRO review will ensure compliance with Board of County Commission conditions of approval, and all applicable section of the ULDC. FINDINGS:

1. Consistent with Comprehensive Plan. The proposed conditional use for a commercial communication tower is consistent with the purposes, goals, objectives and policies of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use;

2. Supplementary Use Standards. The proposed conditional use for a

commercial communication tower complies with all relevant and appropriate portions of Article 4.C, Communication Tower, Commercial regulations of the ULDC;

3. Compatibility. The proposed conditional use for a commercial

communication tower is compatible as defined in the Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development;

4. Design Minimizes Adverse Impact. The design of the proposed

conditional use for a commercial communication tower minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands; the design will allow for additional collocators that will reduce the number to towers needed in the future;

5. Adequate Public Facilities. The proposed conditional use for a

commercial communication tower is exempt from Article 2.F, CONCURRENCY (Adequate Public Facilities);

6. Design Minimizes Environmental Impact. The proposed conditional use

for a commercial communication tower minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. The applicant states only household level electrical current and standard phone service will be used and therefore will create no hazard of any type;

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7. Development Patterns. The applicant states this unmanned use will not adversely affect population density, activity, traffic or parking, and the proposed us will have no detrimental impact on the surrounding property or community. Further, the project will be of great public benefit by providing quality telecommunications service in the area.

8. Other Standards. The proposed conditional use for a commercial

communication tower complies with all standards imposed on it by all other applicable provisions of the Code for use, layout, function, and general development characteristics.

9. Consistency with Neighborhood Plans. The Planning Division states

that the request is not inconsistent with Central Western Communities Sector Plan.

10. Changed Circumstances. The applicant states that Verizon engineers

have identified this site as a critical site to meet coverage requirements mandated by their FCC license and provide cell phone service in an area which currently is experiencing gaps in coverage. This facility will provide coverage, relieve over-capacity of adjacent cell sites and improve service within the area.

______________________________________________________________________ EXHIBITS

Exhibit A: Legal Description (NA - attached to resolution)

Exhibit B: Vicinity Sketch

Exhibit C: Conditions of Approval

Exhibit D: Accident History Report

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EXHIBIT C

CONDITIONS OF APPROVALS ALL PETITIONS 1. Development of the site is limited to the site design approved by the Board of

County Commissioners. The approved site plan is dated March 29, 2006. All modifications must be approved by the Board of County Commissioners or Zoning Commission unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ONGOING: ZONING - Zoning)

ZONING - LANDSCAPING 1. Prior to the issuance of a building permit, the property owner shall submit an

Alternative Landscape Plan to the Landscape Section for review and approval to relocate the required tower perimeter landscaping to other areas of the school site. The Plan(s) shall be prepared in compliance with all landscape related conditions of approval as contained herein. (BLDG PERMIT: LANDSCAPE - Zoning)

2. Field adjustment of berm and plant material locations may be permitted to

provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings and existing vegetation. (BLDG PERMIT: LANDSCAPE - Zoning)

TOWERS 1. Prior to final site plan approval by the Development Review Officer (DRO), the

property owner shall comply with the Shared Use/Collocation provisions of ULDC Article 4.C.5, as may be amended. Additional square footage on the property of the tower approval may be permitted to accommodate additional unmanned users only, subject to approval by the Development Review Officer (DRO). (DRO: ZONING - Zoning)

2. If tower lighting is required by 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, unless otherwise regulated by the FAA or requisite authority. (BLDG PERMIT: BLDG - Zoning/FAA)

3. The tower shall remain in the location shown on the BCC approved site plan.

(DRO: ZONING - Zoning) 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;

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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 Code Enforcement Special Master 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 Article 2.E 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. (ONGOING: MONITORING - Zoning) This resolution is effective when filed with the Clerk of the Board of County Commissioners.

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EXHIBIT D

ACCIDENT HISTORY REPORT

One Year Accident History Report

Zoning Petition

2006-015 Application No.

Project Name

Intersection

VERIZON WIRELESS @ PINES MIDDLE SCHOOL

140th Avenue North and Persimmon Boulevard

Total Number of Accidents !Year o (07/01 /04 - 06130105

Breakdown of Accidents:

Rear End Head On Right Angle Left Turn Side Swipe Backing Up Fixed Object Ped.lBicycle Other

Total Daily Volume Through Intersection Project Daily Traffic Using Intersection Project Daily Traffic as % of Total Intersection Ranking by Number of Accidents Intersection Ranking by Rate of Accidents

N/A N/A

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