Agenda - 1-6-14 Reg. Meeting - Laserfiche WebLink

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WIN MEMORANDUM �� CAROti Cy4RTEHEO tees TO: Lee County Board of Commissioners John Crumpton, County Manager FROM: Marshall Downey, Assistant Director of Planning and Development DATE: January 6, 2014 REF: Recommendation from Planning Board regarding an amendment to Article Five of the Unified Development Ordinance The Commissioners will recall that a public hearing was held regarding a proposed text amendment to Article 5 regarding changes to regulations concerning wireless communication (cell) towers. As a matter of review, SL 2013 -185 was an initiative of the wireless telecommunications industry. The resultant outcome was new language that clarified two types of approval procedures for when existing towers /tower sites are modified. More specifically, the new law defined "substantial modifications" as: (a) Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10 %) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, or (b) Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance; or (c) Increasing the square footage of the existing equipment compound by more than 2,500 square feet. Any change or modification to a cell tower that meets or exceeds one of these three criteria shall be considered a substantial modification and is subject to the need for a new Special Use Permit (and related public hearing/quasi-judicial review). However, if a modification does not meet or exceed one of the thresholds, then it is deemed a "minor" modification and CANNOT be required to obtain a new Special Use Permit (and related public hearing/quasi- judicial review). Rather, the new law prescribes a very specific approval process that has to be handled administratively (by staff). The draft language is attached for review.