☐ Consent Agenda ☒Quasi-Judicial Public Hearing
☐ Regular Business 5:30 pm
☐ Public Hearing Other
DEPARTMENT: Planning & Zoning
SUBMITTED BY: Laura McClelland
PRESENTED BY: Misty Servia
TITLE & DESCRIPTION:
title
Resolution / Bernardo Hernandez-Villanueva / Special Exception (USE-0188-2024)
body
REQUESTED MOTION:
A motion to enter into the record this development review report and all other competent substantial evidence presented at the hearing and make a recommendation to the Board of County Commissioners to adopt/deny the findings and conclusions contained herein, and adopt/deny the proposed resolution with conditions.
SUMMARY:
The applicant has applied for a Special Exception use application (USE 0188-2024) to allow a 200’ telecommunications tower on a 17.026-acre property located on SW Martha Street. The property is zoned Agricultural- 5 (A-5) and located in the Neighborhood Mixed Use Future Land Use Category.
BACKGROUND:
The subject parcel is located at 1316 SW Martha Street and is owned by Bernardo Hernandez-Villanueva and Isaias Hernandez. The owner is requesting a Special Exception to allow a telecommunications tower on site. The property is currently pastureland with an existing barn.
The 2040 Future Land Use Map shows the property is located within the Neighborhood Mixed Use Future Land Use Category and the Official Zoning District Atlas shows the property is zoned Agricultural- 5 (A-5).
A portion of the parcel is located within the Conservation Overlay District in the northwest corner of the site, which means there is the potential for jurisdictional wetlands. The lease area for the proposed telecommunications tower is located outside the limits of wetlands (to be field verified) on the survey.
Land Development Regulations (LDR) Section 20-127(1)c3, relating the Agriculture 5 District (A-5) provides for “Communication transmitting and receiving facilities, non-occupied” as a special exception use in A-5 provided the criteria for special exception uses in LDR Article XI, Division 5, are met. Additionally, Section 365.172(13)(b), Florida Statutes generally limits local government (including counties) review of applications for placement, construction, or modifications to a wireless communications facility to address aesthetics, landscaping, land-use-based location priorities, structural design, and setbacks. Here, the proposed site exceeds the required minimum lot size of 5 acres and is 17.026 acres.
An application for a Special Exception was received in the Development Department on July 12, 2024.