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April 22, 2008

Board Called Public Hearing on BZA #SE-08-03-012, March 6, 2008 APPLICANT: T-Mobile, LLC. April 22, 2008. BACKGROUND. CASE: BZA # SE-08-03-012 APPLICANT: T-Mobile, LLC REQUEST: 1) Special Exception for camouflaged tower

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April 22, 2008

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

  2. BACKGROUND 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

  3. ZONING MAP

  4. AERIAL

  5. SITE PLAN

  6. LAYOUT & ELEVATION PLAN

  7. RESIDENTIAL SEPARATION

  8. STAFF ANALYSIS • Property located on major four-lane highway (Hiawassee Rd.) 2) Abutting properties are vacant and/or retention ponds. Community in general a mixture of residential and non-residential uses. • T-Mobile proposes to lease southern portion of site, owned and used by First Pentecostal Church. • Approximately one dozen communication towers camouflaged as flag poles have been approved by BZA throughout Orange County. 5) Residential separation requirements reduced by one- half when employing camouflaged tower.

  9. AERIAL PHOTOGRAPH(subject site - looking north)

  10. AERIAL PHOTOGRAPH(subject site – looking west)

  11. AERIAL PHOTOGRAPH(looking south)

  12. AERIAL PHOTOGRAPH(lattice tower to north)

  13. PHOTOGRAPHIC RENDERING: (ROADSIDE VIEW TO NORTH)

  14. PHOTOGRAPHIC RENDERING (FROM SOUTH)

  15. BZA FINDINGS • The proposed camouflage tower method and location are similar to about one dozen other flag-pole type towers situated on parcels throughout Orange County. • There are no residential properties within the 350-ft. residential separation requirement for a camouflaged tower. • No opposition present at the public information meeting. No opposition present at the BZA public hearing. Three commentaries received in opposition concerning aesthetics; however, none were from residents within the residential separation requirement. • Testimony provided by applicant revealed co-location eminent with Sprint/Nextel’s next year’s build-out plans. • Applicant agreed to assume responsibility for care and maintenance of the Flag.

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

  17. BZA CONDITIONS • 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 pole. • All other applicable governmental rules and regulations shall be met. • Maximum 140 ft. in height; no height extensions are permitted. • Tower shall be physically co-located with a secondary user within 24 months from the date a Certificate of Completion is issued for installation of the initial set of antennas. • Submit for construction permits within 2 years or this approval is null and void. • Permitting for construction of tower shall be submitted simultaneously with permitting of the initial antennas/ancillary maintenance building. Tower permit shall not be finaled until it is confirmed that the initial antennas/maintenance building have been installed.

  18. BZA CONDITIONS • Development in accordance with the site plans submitted with the Special Exception application and all other documentation submitted in connection with the application. Any deviations, changes, or modifications to the approved plans are subject to the Zoning Manager’s approval, who may require the changes be reviewed by the BZA for administrative approval or to determine if the applicant’s changes require another public hearing by the BZA. • The applicant shall maintain and repair the United States Flag at all times.

  19. BCC ACTION REQUESTED ACTION REQUESTED: Approve the request consistent with the Board of Zoning Adjustment’s recommendation with conditions.

  20. BCC CALLED PUBLIC HEARINGonBZA #SE-08-03-012, March 6, 2008APPLICANT: T-Mobile, LLC APRIL 22, 2008

  21. CAMOUFLAGED TOWER APPROVALS

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