Agenda 11/13/2018 Item #16A3111/13/2018
EXECUTIVE SUMMARY
Recommendation to direct staff to bring back for a public hearing an ordinance amending the
Land Development Code to modify the definition of essential services in LDC Section 2.01.03 to
include communications towers, and to allow communication towers as a conditional use within the
Rural Fringe Mixed Use District-Sending Lands, and to allow applications for such communication
towers to be processed under the proposed new zoning standards while the LDC amendment
process is pending.
OBJECTIVE: To seek approval from the Board of County Commissioners (Board) to advertise and
bring back for public hearing an ordinance to amend the Land Development Code (LDC) to modify the
definition of essential services to include communications towers, and to allow communication towers as
a conditional use within the Rural Fringe Mixed Use District -Sending Lands, and to allow applications
for such communication towers to be processed and approved under the proposed new zoning standards
while the zoning change is in progress.
CONSIDERATIONS: Currently, communication towers are not allowed as permitted or conditional
uses within the Rural Fringe Mixed Use District (RFMUD)-Sending Lands. Therefore, communication
towers are prohibited in the RFMUD-Sending Lands. To ensure compliance with the US
Telecommunications Act of 1996 (47 USC 332), county staff is proposing this LDC amendment that
would define communications towers as an essential service and allow communications towers as a
conditional use in the RFMUD-Sending Lands. Section 332(c)(3)(7) of the Act states:
(7) Preservation of local zoning authority
(A) General authority
Except as provided in this paragraph, nothing in this chapter shall limit or affect the
authority of a State or local government or instrumentality thereof over decisions
regarding the placement, construction, and modification of personal wireless service
facilities.
(B) Limitations
(i) The regulation of the placement, construction, and modification of personal
wireless service facilities by any State or local government or instrumentality
thereof-
(I) shall not unreasonably discriminate among providers of functionally
equivalent services; and
(II) shall not prohibit or have the effect of prohibiting the provision of
personal wireless services.
(ii) A State or local government or instrumentality thereof shall act on any
request for authorization to place, construct, or modify personal wireless service
facilities within a reasonable period of time after the request is duly filed with
such government or instrumentality, taking into account the nature and scope of
such request.
(iii) Any decision by a State or local government or instrumentality thereof to
deny a request to place, construct, or modify personal wireless service facilities
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shall be in writing and supported by substantial evidence contained in a written
record.
(iv) No State or local government or instrumentality thereof may regulate the
placement, construction, and modification of personal wireless service facilities
on the basis of the environmental effects of radio frequency emissions to the
extent that such facilities comply with the Commission's regulations concerning
such emissions.
(v) Any person adversely affected by any final action or failure to act by a State
or local government or any instrumentality thereof that is inconsistent with this
subparagraph may, within 30 days after such action or failure to act, commence
an action in any court of competent jurisdiction. The court shall hear and decide
such action on an expedited basis. Any person adversely affected by an act or
failure to act by a State or local government or any instrumentality thereof that is
inconsistent with clause (iv) may petition the Commission for relief.
Staff is requesting approval to advertise, and bring back for public hearing, after vetting through the
advisory bodies, an ordinance approving the attached LDC amendment, and authorization to allow
applications for such communications towers to be processed and approved under the proposed LDC
amendment while the zoning change is in progress.
FISCAL IMPACT: Cost of advertising for the LDC amendment is estimated at $3,250.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A simple majority vote
is needed for this item, but the LDC amendment when it comes back will require an affirmative vote of
four. (HFAC)
RECOMMENDATION: That the Board of County Commissioners:
1. Direct staff to bring back for public hearing, after vetting through the advisory bodies, an
ordinance amending LDC Section 2.01.03 to define communications towers as an essential
service and allow communication towers as a conditional use within the RFMUD Sending Lands
2. Authorize the expenditure of funds for advertising said LDC amendment; and
3. Authorize staff to process applications for such communication towers while the zoning change is
in progress.
Prepared By: Jeremy Frantz, AICP, LDC Manager, Growth Management Department
ATTACHMENT(S)
1. Draft LDC Amendment (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.31
Doc ID: 7129
Item Summary: Recommendation to direct staff to bring back for a public hearing an ordinance
amending the Land Development Code to modify the definition of essential services in LDC Section
2.01.03 to include communications towers, and to allow communication towers as a conditional use
within the Rural Fringe Mixed Use District-Sending Lands, and to allow applications for such
communication towers to be processed under the proposed new zoning standards while the LDC
amendment process is pending.
Meeting Date: 11/13/2018
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
10/22/2018 2:37 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
10/22/2018 2:37 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/22/2018 2:45 PM
Zoning Michael Bosi Additional Reviewer Completed 10/24/2018 10:28 AM
Growth Management Department Kenneth Kovensky Deputy Department Head Review Completed 10/24/2018 11:24 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 10/24/2018 1:33 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/25/2018 1:05 PM
County Attorney's Office Emily Pepin CAO Preview Completed 10/25/2018 1:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/25/2018 1:57 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/25/2018 5:06 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/26/2018 10:45 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/04/2018 2:49 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
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Amend the LDC as follows:
2.01.03 - Essential Services 1
2
Essential services are hereby defined as services designed and operated to provide water, 3
sewer, gas, telephone, electricity, cable television or communications to the general public by 4
providers which have been approved and authorized according to laws having appropriate 5
jurisdiction, and government facilities. Essential services are allowed in any zoning district subject 6
to the following conditions: 7
8
* * * * * * * * * * * * * 9
10
G. Conditional uses. The following uses require approval pursuant to section 10.08.00 11
conditional uses: 12
13
1. Conditional essential services in every zoning district excluding the RFMU district 14
sending lands, CON districts, NRPAs, and RLSA designated HSAs and FSAs. In 15
every zoning district, unless otherwise identified as permitted uses, and excluding 16
RFMU district Sending Lands, CON districts, and NRPAs, the following uses shall 17
be allowed as conditional uses: 18
19
a. Electric or gas generating plants; 20
21
b. Effluent tanks; 22
23
c. Major re-pump stations sewage treatment plants, including percolation 24
ponds, and water aeration or treatment plants, 25
26
d. Hospitals and hospices; 27
28
e. Government facilities, including where not identified as a permitted use in 29
this section, safety service facilities such as including law enforcement, fire, 30
emergency medical services; and 31
32
f. Conservation Collier lands which provide for permitted, nondestructive, 33
passive natural resource based recreational and educational activities, 34
when such sites require major improvements to accommodate public 35
access and use. These major improvements shall include, but are not 36
limited to: parking areas of 21 parking spaces or more; nature centers; 37
equestrian paths; biking trails; canoe and kayak launch sites; public 38
restroom facilities, greater than 500 square feet; signage beyond that 39
allowed in sections 2.01.03 A.9. and 2.01.03 B.1.e. of this Code and other 40
nondestructive passive recreational activities as identified by the County 41
Manager or designee. The provisions for Conservation Collier lands in this 42
Code do not affect the underlying zoning districts or land use designations 43
in any district where Conservation Collier lands are established, such that 44
no expansion or diminution of the various zoning district conditional uses is 45
intended or implied by these provisions, except as stated above for major 46
improvements. Oil and gas field development and production as defined 47
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and regulated in this Code remains a conditional use on or beneath 1
Conservation Collier lands established in zoning districts providing for oil 2
and gas field development and production as a conditional use, subject to 3
subsection 2.03.09 B.1.c.i. 4
5
2. Conditional essential services in RFMU sending lands, NRPAs, CON districts, and 6
RLSA designated HSAs and FSAs. Within RFMU District Sending Lands, NRPAs, 7
CON districts, and the RFLA designated HSAs and FSAs subject to the limitations 8
set forth in section 4.08.08 C.2., in addition to the essential services identified as 9
allowed conditional uses in subsection 2.01.03 G.1. above, the following additional 10
essential services are allowed as conditional uses: 11
12
a. Sewer lines and lift stations necessary to serve a publicly owned or 13
privately owned central sewer system providing service to urban areas; or 14
the Rural Transition Water and Sewer District, as delineated on the Urban-15
Rural Fringe Transition Zone Overlay Map in the Future Land Use Element 16
of the GMP, when not located within already cleared portions of existing 17
rights-of-way or easements; 18
19
b. Safety Services limited to law enforcement, fire, and emergency medical 20
services; and 21
22
c. Oil and gas field development and production, as defined and regulated in 23
this Code, remains a conditional use on or beneath Conservation Collier 24
lands established in the CON zoning district subject to subsection 2.03.09 25
B.1.c.i. 26
27
3. Additional conditional uses in residential, and estate zoned districts, and in RFMU 28
receiving and neutral lands. In residential, agricultural, and estate zoned districts 29
and in RFMU Receiving and neutral lands, in addition to those essential services 30
identified as conditional uses in section 2.01.03 G.1. above, the following essential 31
services shall also be allowed as conditional uses: 32
33
a. Regional parks and community parks; 34
35
b. Public parks and public library facilities; 36
37
c. Safety service facilities; 38
39
d. Other similar facilities, except as otherwise specified herein. 40
41
4. Additional conditional uses in the RFMU sending lands. The following essential 42
services shall be allowed as conditional uses: 43
44
a. Communications towers, subject to all applicable provisions of LDC 45
section 5.05.09. 46
47
4. 5. Conditional uses that include the installation of structures: 48
49
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a. Where structures are involved other than structures supporting lines or 1
cables, such structures shall comply with the regulations for the district in 2
which they are located, or as may be required on an approved site 3
development plan under section 10.02.03. In addition, the structures shall 4
conform insofar as possible to the character of the district in which they are 5
located as to development standards, as well as architecture and 6
landscaping, with utilization of screening and buffering to ensure 7
compatible with the surrounding and nearby existing and future uses. 8
9
b. Within the RFMU district sending lands, NRPAs, Conservation Districts, 10
and the RLSA HSAs and FSAs, structures supporting the conditional use 11
shall be located so as to minimize any impacts on native vegetation and on 12
wildlife and wildlife habitat. 13
14
c. Essential services shall not be deemed to include the erection of structures 15
for commercial activities such as sales or the collection of bills in districts 16
from which such activities would otherwise be barred. Unstaffed billing 17
services, which are accessory uses to the normal operations of the 18
essential service, may be permitted. 19
20
# # # # # # # # # # # # # 21
22
2.03.08 – Rural Fringe Zoning Districts 23
24
* * * * * * * * * * * * * 25
26
A. Rural Fringe Mixed-Use District (RFMU District). 27
28
* * * * * * * * * * * * * 29
30
4. RFMU sending lands. RFMU sending lands are those lands that have the highest 31
degree of environmental value and sensitivity and generally include significant 32
wetlands, uplands, and habitat for listed species. RFMU sending lands are the 33
principal target for preservation and conservation. Density may be transferred from 34
RFMU sending lands as provided in LDC section 2.03.07 D.4.c. All NRPAs within 35
the RFMU district are also RFMU sending lands. With the exception of specific 36
provisions applicable only to NBMO neutral lands, the following standards shall 37
apply within all RFMU sending lands: 38
39
* * * * * * * * * * * * * 40
41
a. Allowable uses where TDR credits have not been severed. 42
43
* * * * * * * * * * * * * 44
45
(3) Conditional Uses. 46
47
(a) Those essential services identified in LDC section 2.01.03 48
G.2 and 4. 49
50
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* * * * * * * * * * * * * 1
2
b. Uses allowed where TDR credits have been severed. 3
4
* * * * * * * * * * * * * 5
6
(2) Conditional uses: 7
8
(a) Those Essential Uses identified in LDC section 2.01.03 G.2 and 4. 9
10
# # # # # # # # # # # # # 11
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