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Home My WebLink AboutDocumentation_Regular_Tab 12DF_04/12/2001 v r,� �,* � �..*+ '�► �' �� a� �� 4 � �yG� ��v MEMORANDUM TO: Mayor/Council FROM: Michaet R. Couzzo, Jr., Viliage Manager ' DATE: April 5, 2001 �--� SUBJECT: Village Council Agenda Item XII D— First Reading of a Proposed Ordinance Amending Ordinance Number 355 — Relating to Wireless � Telecommunication Towers and Antennas In an effort to provide efficient communications for Village of Tequesta Police/Fire personnel, the administration has reviewed various options to meet their needs. After reviewing these options with staff, it has been concluded that a Iong-term lease with the Board of Directors of 100 Beach Road Condominium Association provided a viable site for this installation (this option additionally was the most economical). The proposed installation will provide requirements to meet our communication needs in the temporary facilities as well as when the new Tequesta Public Safety Facility is constructed (this installation eliminates the need for a new tower to be erected in the future). Village Attorney Randolph has reviewed this matter and prepared the attached ordinance amendment for your review and consideration. Additionally, Village Council Agenda items XII—E (Lease Agreement with Ocean Towers South), and XII-F (proposals for communication system move including labor and materials) are presented for your review and consideration. MRC/rr Word\MyDocuments\CouaoWgenda XII Memo i � .•' . -- /\ < < � Memorandum TO: Michael Couzzo, Village Manager FROM: Stephen J. Allison, Chief of Police� Subject: Agenda ttem — Ordinance Amendment Date: March 27, 20Q1 Mr. Randoiph has reviewed Section X(fl relating to the placement of radio antennas in residentially zoned areas of the Village. He feels that it was not the intent of this section to regulate police communications antenna of the type that we are proposing to be placed at 100 B�ach Road. Attached far Council approval is an amendment of the ordinance. This amendment exempts antennas operated and controlled by the Vilfage o# Teques�a, and the location of which is approved by Council, to be exempt from the provisions of the ordinance. Please place this item on the agenda for the April 12, 2001 Council meeting. � ,, . ORDINANCE NO. � AN ORDINANCE OF �HE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ORDINANCE NUMBER 355, AS AMENDED, THE . COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE, AT SECTION X, SUPPLEMENTAL REGULATIONS, AT PARAGRAPH (f) RELATING TO WIRELESS TELECOMMUNICATI�N TOWERS AND ANTENNAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section I. OrdinanceNo. 355, as amended, the ComprehensiveZoning Ordinance of the Village of Tequesta, is hereby amended at Section X, Supplemental Regulations Applying to a Specific, to Several or to all Districts, is hereby amended at pazagraph (A)(1)(�(B) to read as follows: SECTION X. SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS (A) General Provisions. (1) Miscellaneous structures: . . . . ( fl Wireless telecommunication towers and antennas. (A) Defuutions .... "(B) Applicability. (1) New towers and antennas. All new towers or antennas in the Village of Tequesta shall be subject to these regulations, except as provided in section (B�(2} and 3. (2) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of sections (C)(5) and (6). � Antennas operated and controlled bv the Villa�e of Teauesta. Antennas onerated and controlled bv the Villa�e ofTeauesta, the location of which is approved bv the Villa�e Council w � � shall not be re4uired to meet t he reauirements of this ordinance. Section 2. Severability. If any provision of ttus Ordinance or the application thereof is held invalid, such invalidity sha11 not affect the other provisions or applications of this Ordinance _ which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declazed severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance aze hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta.. Section 5. Effective Date. This Ordinance shall take effectimmediatelyuponits passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION 2 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 2000. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Village Clerk N:UCR113153 ORIJNANCES\Wireless Towers Antenna.wpd 3 'F O Jo�s , �S�-+R Flagler Center Tower, Suite 1100 Mailing Address T O�.�( J "I'ON 505 South Flagler Drive Post O�ce Box 3475 Q, �DC � A West Palm Beach, Florida 33401 West Palm Beach, Florida 33402-3475 C7� DJ� .ri Telephone (561) 659-3000 Facsimile (561) 832-1454 Attorneys and Counsefors John C. Randolph, Esq. Direct Dial: (561) 650.0458 - E-mail: jrandolph(a)iones-foster.com Mazch 22, 2001 VIA FAX: 575-6203 Mr. Michael R. Couzzo, Jr. Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tequesta. Rooftop Lease Agreement Our File No. 13153.1 Deaz Mike: Pursuant to the request of Chief Allison I prepared a rooftop lease agreement between the Village and Ocean Towers South Condominium Apartments for placement by the Village of a police communications antenna and related equipment on the roof of the condominium. T'hat agreement is the subject of Resolution No. 28-00/O1, a resolution approving the lease agreement, which resolution was deferred from the Mar�h meeting of the Village Council and, as I understand it, will be placed before the Council for consideration at its next scheduled meeting. Pursuant to Village Code at Section X(A)(b)3, offsite locations of antennas are prohibited except for antennas which are owned and operated by a govemmental agency and subject to Village Council approval. Therefore, in order for this Iease to be approved, the Village Council is required to approve the offsite location of the antenna. Because the proposed offsite location is within a residentially zoned district within the Village, I call your attenfion to subsection (fl of Section X which deals with wireless telecommunication towers and antennas. That section provides that wireless communication towers and antennas are prohibited within the residentially zoned azeas of the Village. In addition, there are several other requirements relating to same. It is my opinion that subsection (fl, relating to wireless telecommunication towers and antennas, was not intended to regulate a police communications antenna of the type and nature which is the subject of the lease which you desire to have approved by the Village Council. However, from a strictly technical standpoint, the antenna the Village wishes to install on the condominium within the residential district does meet the definition of r 1V�r. Michael R. Couzzo, Jr. March 22, 2001 Page 2 . antenna�within subsection ( fl. Therefore, if the Village wishes to approve this lease, in order to be strictly in conformity with the code, the Village Council may wish ta consider an amendment to the ordinance to allow the Village Council to be exempt from the provisions of subsection ( fl for governmental operations of the Village. Toward that end, I would recommend the following amendment: ( fl Wireless telecommunication towers and antennas. (B) Applicability. (1) New towers and antennas. All new towers or antennas in the Village of Tequesta shall be subject to these regulations, except as provided in section (B)(2) and 3. (2) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be reqtured to meet the requirements of this ordinance, other than the requirements of sections (C)(5) and (6). 3� Antennas onerated and controlled bv the Villa�e of Teauesta. Antennas onerated and controlled bv the Villa�e of Teauesta, the location of which is annroved bv the Villa�e Council shall not be reauired to meet the reauirements of this ordinance. Please call me if you have any questions. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. J C. Randolph JCR/ssm Enclosure cc: Stephen J. Allison, Chief of Police