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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 16.A.31 Packet Pg. 1145 11/13/2018 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) 16.A.31 Packet Pg. 1146 11/13/2018 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 16.A.31 Packet Pg. 1147 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 1 C:\Users\jeremyfrantz\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\DI1VKRPI\Communication Towers in RFMU Sending Lands.docx 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 16.A.31.a Packet Pg. 1148 Attachment: Draft LDC Amendment (7129 : Zoning-in-Progress for Communication Towers in RFMU Sending Lands) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 2 C:\Users\jeremyfrantz\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\DI1VKRPI\Communication Towers in RFMU Sending Lands.docx 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 16.A.31.a Packet Pg. 1149 Attachment: Draft LDC Amendment (7129 : Zoning-in-Progress for Communication Towers in RFMU Sending Lands) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 C:\Users\jeremyfrantz\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\DI1VKRPI\Communication Towers in RFMU Sending Lands.docx 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 16.A.31.a Packet Pg. 1150 Attachment: Draft LDC Amendment (7129 : Zoning-in-Progress for Communication Towers in RFMU Sending Lands) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 C:\Users\jeremyfrantz\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\DI1VKRPI\Communication Towers in RFMU Sending Lands.docx * * * * * * * * * * * * * 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 16.A.31.a Packet Pg. 1151 Attachment: Draft LDC Amendment (7129 : Zoning-in-Progress for Communication Towers in RFMU Sending Lands)