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April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC
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April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

Mar 26, 2015

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Page 1: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

April 22, 2008April 22, 2008

Board Called Public Hearingon

BZA #SE-08-03-012, March 6, 2008

APPLICANT: T-Mobile, LLC

Board Called Public Hearingon

BZA #SE-08-03-012, March 6, 2008

APPLICANT: T-Mobile, LLC

Page 2: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

CASE: BZA # SE-08-03-012

APPLICANT: T-Mobile, LLC

REQUEST: 1) Special Exception for camouflaged tower

2) Special Exception for single use (in lieu of co- location) tower on temporary basis

3) Variance to allow tower 517.8 ft. from lattice tower at 4418 Hiawassee Road in lieu of 2,500 ft.

ZONING: A-1

TRACT SIZE: 4.6 acres

LOCATION: West side Hiawassee Road, between Clarcona-Ocoee Rd. and Silver Star Rd.

DISTRICT: #2

CASE: BZA # SE-08-03-012

APPLICANT: T-Mobile, LLC

REQUEST: 1) Special Exception for camouflaged tower

2) Special Exception for single use (in lieu of co- location) tower on temporary basis

3) Variance to allow tower 517.8 ft. from lattice tower at 4418 Hiawassee Road in lieu of 2,500 ft.

ZONING: A-1

TRACT SIZE: 4.6 acres

LOCATION: West side Hiawassee Road, between Clarcona-Ocoee Rd. and Silver Star Rd.

DISTRICT: #2

BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND

Page 3: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

ZONING MAPZONING MAP

Page 4: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

AERIALAERIAL

Page 5: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

SITE PLAN SITE PLAN

Page 6: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

LAYOUT & ELEVATION PLANLAYOUT & ELEVATION PLAN

Page 7: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

RESIDENTIAL SEPARATIONRESIDENTIAL SEPARATION

Page 8: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

STAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSIS

1)1) Property located on major four-lane highway Property located on major four-lane highway (Hiawassee Rd.) (Hiawassee Rd.) 2) Abutting properties are vacant and/or retention 2) Abutting properties are vacant and/or retention

ponds. Community in general a mixture of ponds. Community in general a mixture of residential and non-residential uses.residential and non-residential uses.

3)3) T-Mobile proposes to lease southern portion of site, T-Mobile proposes to lease southern portion of site, owned and used by First Pentecostal Church.owned and used by First Pentecostal Church.

4)4) Approximately one dozen communication towers Approximately one dozen communication towers camouflaged as flag poles have been approved by camouflaged as flag poles have been approved by BZA throughout Orange County.BZA throughout Orange County.

5) Residential separation requirements reduced by 5) Residential separation requirements reduced by one- half when employing camouflaged tower.one- half when employing camouflaged tower.

Page 9: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

AERIAL PHOTOGRAPHAERIAL PHOTOGRAPH(subject site - looking north)(subject site - looking north)

Page 10: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

AERIAL PHOTOGRAPHAERIAL PHOTOGRAPH(subject site – looking west)(subject site – looking west)

Page 11: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

AERIAL PHOTOGRAPHAERIAL PHOTOGRAPH(looking south)(looking south)

Page 12: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

AERIAL PHOTOGRAPHAERIAL PHOTOGRAPH(lattice tower to north)(lattice tower to north)

Page 13: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

PHOTOGRAPHIC RENDERING: PHOTOGRAPHIC RENDERING:

(ROADSIDE VIEW TO NORTH)(ROADSIDE VIEW TO NORTH)

PHOTOGRAPHIC RENDERING: PHOTOGRAPHIC RENDERING:

(ROADSIDE VIEW TO NORTH)(ROADSIDE VIEW TO NORTH)

Page 14: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

PHOTOGRAPHIC RENDERINGPHOTOGRAPHIC RENDERING (FROM SOUTH) (FROM SOUTH)PHOTOGRAPHIC RENDERINGPHOTOGRAPHIC RENDERING (FROM SOUTH) (FROM SOUTH)

Page 15: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA FINDINGS

1)1) The proposed camouflage tower method and location are The proposed camouflage tower method and location are similar to about one dozen other flag-pole type towers similar to about one dozen other flag-pole type towers situated on parcels throughout Orange County.situated on parcels throughout Orange County.

2)2) There are no residential properties within the 350-ft. There are no residential properties within the 350-ft. residential separation requirement for a camouflaged residential separation requirement for a camouflaged tower.tower.

3)3) No opposition present at the public information meeting. No opposition present at the public information meeting. No opposition present at the BZA public hearing. Three No opposition present at the BZA public hearing. Three commentaries received in opposition concerning commentaries received in opposition concerning aesthetics; however, none were from residents within the aesthetics; however, none were from residents within the residential separation requirement.residential separation requirement.

4)4) Testimony provided by applicant revealed co-location Testimony provided by applicant revealed co-location eminent with Sprint/Nextel’s next year’s build-out plans.eminent with Sprint/Nextel’s next year’s build-out plans.

5)5) Applicant agreed to assume responsibility for care and Applicant agreed to assume responsibility for care and maintenance of the Flag. maintenance of the Flag.

Page 16: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION

Approved the Special Exception requests in that the Approved the Special Exception requests in that the Board finds they met the requirements governing Board finds they met the requirements governing Special Exceptions as spelled out in Orange County Special Exceptions as spelled out in Orange County Code, Section 38-78, and that the granting of the Special Code, Section 38-78, and that the granting of the Special Exceptions do not adversely affect the general public Exceptions do not adversely affect the general public interest. And, approved the Variance request in that the interest. And, approved the Variance request in that the Board made the finding that the requirements of Orange Board made the finding that the requirements of Orange County Code, Section 30-43, have been met. Approval is County Code, Section 30-43, have been met. Approval is subject to the eight (8) conditions of approval.subject to the eight (8) conditions of approval.

(unanimous)

Page 17: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

BZA CONDITIONSBZA CONDITIONS1)1) Only one flag permitted on pole, which shall be the Flag of the Only one flag permitted on pole, which shall be the Flag of the

United States of America. Flag shall be proportionate in size to the United States of America. Flag shall be proportionate in size to the pole.pole.

2)2) All other applicable governmental rules and regulations shall be All other applicable governmental rules and regulations shall be met.met.

3)3) Maximum 140 ft. in height; no height extensions are permitted.Maximum 140 ft. in height; no height extensions are permitted.4)4) Tower shall be physically co-located with a secondary user within Tower shall be physically co-located with a secondary user within

24 months from the date a Certificate of Completion is issued for 24 months from the date a Certificate of Completion is issued for installation of the initial set of antennas.installation of the initial set of antennas.

5)5) Submit for construction permits within 2 years or this approval is Submit for construction permits within 2 years or this approval is null and void.null and void.

6)6) Permitting for construction of tower shall be submitted Permitting for construction of tower shall be submitted simultaneously with permitting of the initial antennas/ancillary simultaneously with permitting of the initial antennas/ancillary maintenance building. Tower permit shall not be finaled until it is maintenance building. Tower permit shall not be finaled until it is confirmed that the initial antennas/maintenance building have been confirmed that the initial antennas/maintenance building have been installed. installed.

Page 18: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

BZA CONDITIONSBZA CONDITIONS

7.7. Development in accordance with the site plans Development in accordance with the site plans submitted with the Special Exception application and all submitted with the Special Exception application and all other documentation submitted in connection with the other documentation submitted in connection with the application. Any deviations, changes, or modifications application. Any deviations, changes, or modifications to the approved plans are subject to the Zoning to the approved plans are subject to the Zoning Manager’s approval, who may require the changes be Manager’s approval, who may require the changes be reviewed by the BZA for administrative approval or to reviewed by the BZA for administrative approval or to determine if the applicant’s changes require another determine if the applicant’s changes require another public hearing by the BZA. public hearing by the BZA.

8.8. The applicant shall maintain and repair the United The applicant shall maintain and repair the United States Flag at all times.States Flag at all times.

Page 19: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:

Approve the request consistent with the Approve the request consistent with the Board of Zoning Adjustment’s Board of Zoning Adjustment’s recommendation with conditions.recommendation with conditions.

Page 20: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

APRIL 22, 2008APRIL 22, 2008

BCC CALLED PUBLIC HEARINGon

BZA #SE-08-03-012, March 6, 2008

APPLICANT: T-Mobile, LLC

BCC CALLED PUBLIC HEARINGon

BZA #SE-08-03-012, March 6, 2008

APPLICANT: T-Mobile, LLC

Page 21: April 22, 2008 Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC.

CAMOUFLAGED TOWER APPROVALSCAMOUFLAGED TOWER APPROVALSCAMOUFLAGED TOWER APPROVALSCAMOUFLAGED TOWER APPROVALS