HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-005Temp. Reso. #12295
January 2, 2013
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RESOLUTION NO. a0/3 _ 0-�—
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, CONFIRMING AND RATIFYING THE CITY
MANAGER'S AMENDED ADMINISTRATIVE ORDER DATED
DECEMBER 19, 2012 DECLARING ZONING IN PROGRESS AND
PROHIBITING THE ISSUANCE OF BUILDING PERMITS,
ENGINEERING PERMITS, OR DEVELOPMENT ORDERS FOR THE
INSTALLATION OF OR SITING OF ANY WIRELESS
COMMUNICATIONS FACILITIY AS DEFINED UNDER SECTION
365.172, FLORIDA STATUTES, IN ANY PUBLIC RIGHTS -OF -WAY
OR IN ANY RESIDENTIAL ZONING DISTRICT WITHIN THE CITY OF
TAMARAC, FLORIDA; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO UNDERTAKE STUDY AND REVIEW OF THE CITY'S
REGULATIONS REGARDING THE SAME; PROVIDING THAT UPON
THE ADOPTION OF THIS RESOLUTION NO PERMITS SHALL BE
ISSUED WITHIN THE AFFECTED AREAS DURING THE TIME
PERIOD COVERED BY THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
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WHEREAS, the City Manager and the City's professional planning staff
continuously monitor and review the City's Land Development Regulations to ensure
appropriate development in the City, and from time to time recognizes the need to study
and amend aspects of the same; and
WHEREAS, the City Manager issued an Amended Administrative Order on
December 19, 2012, specifically authorizing and directing City staff to undertake a study
of the infrastructure required to provide personal wireless communication services, and
the concurrent review of the City's regulations regarding the siting of
telecommunications towers and antennas in public rights -of -way and within residential
zoning districts throughout the City; and
WHEREAS, a copy of the City Manager's Amended Administrative Order is
attached hereto as Exhibit "A", and incorporated herein by reference; and
Temp. Reso. #12295
January 2, 2013
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WHEREAS, pursuant to Section 24-91 of the City of Tamarac Code of
Ordinances, the City Manager, subject to the approval and ratification by the City
Commission pursuant to this Resolution, has imposed a prohibition on the issuance of
any building permits, engineering permits, or development orders for the installation or
siting of any wireless communications facilities as defined under Section 365.172,
Florida Statutes in any public rights -of -way or in any residential zoning district within the
City for a period of ninety (90) days from the date of the Amended Administrative Order;
and
WHEREAS, such a prohibition will enable the City's professional staff to properly
study the issues associated with the infrastructure required and the siting of
telecommunications towers and antennas in public rights -of -way and within residential
zoning districts throughout the City; and
WHEREAS, the City Commission approves of and confirms the City Manager's
Amended Administrative Order, and hereby finds that the ratification of the same is in
the best interests of the citizens and residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and incorporated herein by this reference. All
exhibits attached hereto are incorporated herein and made a specific part of this
resolution.
Section 2. That pursuant to Section 24-91 of the City of Tamarac Code of
Ordinances, ("Zoning in Progress"), the City Commission confirms and ratifies the City
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January 2, 2013
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Manager's December 19, 2012, Amended Administrative Order prohibiting the issuance
of building permits, engineering permits, or development orders for the installation or
siting of any wireless communication facilities as defined under Section 365.172, Florida
Statutes, in any public rights -of -way within the City of Tamarac or in any residential
zoning district within the City of Tamarac.
Section 3. The Zoning in Progress shall cease at the earliest of the expiration of
ninety (90) days from the issuance of the Amended Administrative Order, upon the
effectiveness of an ordinance addressing the subject matter of the Amended
Administrative Order, or upon the adoption of a resolution terminating the zoning in
progress.
Section 4. That the City Commission hereby directs the City Manager to study
and review regulations pertaining to the installation or siting of any wireless
communication facilities as defined under Section 365.172, Florida Statutes, in any
public rights -of -way within the City of Tamarac or in any residential zoning district within
the City of Tamarac, and to report back to the City Commission, prior to the expiration of
the Zoning in Progress, regarding the same.
Section 5. The City Commission hereby authorizes and directs the
appropriate City Officials to do all things necessary and expedient to effectuate the
intent of this Resolution.
Section 6. All resolutions inconsistent or in conflict herewith shall be and are
hereby repealed insofar as there is conflict or inconsistency.
Section 7. If any section, sentence, clause, or phrase of this resolution is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said
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January 2, 2013
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holding shall in no way affect the validity of the remaining portions of this resolution.
Section 8. This resolution shall become effective upon its passage and
adoption by the City Commission.
PASSED AND ADO TED BY TH CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF , 2013.
CITY OF TAMATAC,, ?FRIDA
BETH TALA ISC , MAY
ATTEST:
PATRICIA TEUF , CMC
INTERIM CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSHNE L�—�—
DIST 2: COMM. ATKINSGRAD 2
DIST 3: COMM.GLASSER
DIST 4: V/M. DRESSLER
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
CITY OF TAMARAC, FLORIDA
AMENDED ADMINISTRATIVE ORDER
ORDER DECLARING ZONING IN PROGRESS AND PROHIBITING THE ISSUANCE OF
PERMITS FOR PERSONAL WIRELESS SERVICE FACILITIES IN ALL RESIDENTIAL AREAS
AND IN THE PUBLIC -RIGHTS OF WAY
BACKGROUND
Following enactment by Congress of the Telecommunications Act of 1996, the City of Tamarac adopted
amendments to its Land Development Regulations so that in its actions concerning the siting of
telecommunications towers and antennas, the City would comply with federal law regulating the manner in
which local governments are permitted to regulate the siting of personal wireless communications service
facilities. These amendments were adopted in 1997. The City's regulations addressed the state of the
technology at the time.
The prevailing business model for providing personal wireless communications services involved the
siting of large telecommunications towers on which one or more service providers would attach one or more
radio antennas to provide voice and data service to personal wireless service customers spread over a large
area. Under this model, a few large towers were sited within each community, either by the actual personal
wireless service provider, or by a third party selling access to the tower. Multiple service providers could
"collocate" an antenna on such a tower, so that the need for additional towers could be minimized.
In recent years, more consumers are using cell phone and other personal computing devices for wireless
internet use. The rapid increase in such use has required service providers to seek new means to boost the
signal strength and increase the transmission capacity of their infrastructure. This need has led to the
development of new models and new technologies for developing infrastructure which were not contemplated
at the time the City adopted its Telecommunications Towers and Antennas Zoning Ordinance, and which are
intended to be less intrusive than traditional means. An example of such change in the industry is the growing
use of the outdoor "Distributed Antenna System Network", or "DAS Network."
An outdoor DAS network typically consists of a fiber-optic cable network connecting a series of
comparatively small radio antennas attached to smaller power or streetlight -type poles to the service provider's
main network at a hub which is typically located at a cellular tower. City staff recently became aware of this
method of personal wireless service delivery after receiving application for permits to begin installation of such a
network within the City's public rights -of -way. The proposal submitted to the City requested use of rights of
way within residential areas of the City, both for the underground installation of a fiber-optic cable network, but
also for the siting of a new 30-foot concrete pole with an attached antenna and associated equipment. Under
the proposal, the new antenna pole would be placed between the street and the sidewalk in front of residences
within the City's Sunflower subdivision. With the exception of pad -mounted electric transformers, a few street
lights and telecommunications terminal pedestals, no utility or telecommunications facilities are located above
ground in the City's residential districts. All electric and telecommunications wiring is routed underground.
The City's current code prohibits the siting of a telecommunications tower within 250 feet of any
residential district and also provides that a new antenna as an accessory use may be located in a residential
district (among others) only as a special exception. Such provisions were drafted before the use of DAS Network
infrastructure like that recently proposed. Definitions within the City's current code were not drafted with these
facilities in mind. Additionally, although uses like a DAS Network are intended to extend or enhance personal
wireless communications services in a less intrusive manner than the use of a traditional telecommunications
tower, their use as recently proposed would nevertheless change the aesthetic character of residential areas
and give rise to other potential safety and health concerns in ways apparently not intended when the City
adopted the current code.
It is therefore necessary and in the public interest to make a comprehensive determination as to
whether the existing zoning regulations and other land use regulations applying to the siting of
telecommunications towers and antennas in public rights -of -way and within residential zoning districts
throughout the City are appropriate. Further, it appears that existing zoning regulations concerning the siting of
such facilities within the City may be detrimental to the residential districts within the City to the extent that
they may permit the siting of a facility which the City would not have intended to permit if it had been aware of
the existence or use of such facility by the telecommunications infrastructure industry at the time of original
adoption of the current zoning ordinance governing the siting of telecommunications towers and antennas.
ORDER
It is therefore ORDERED, subject to affirmation by resolution of the City Commission at its next
scheduled meeting, that due to zoning in progress, no building permit, engineering permit or development order
be issued on application for the installation or siting of any wireless communications facility as defined under S.
365.172, Florida Statutes, in any public rights -of -way within the City or in any residential zoning district within
the City, for a period of ninety (90) days from the date of this Administrative Order (the "zoning in progress").
This zoning in progress shall cease at the earliest of the expiration of the 90-day period, upon the effectiveness
of a revised zoning ordinance addressing the subject matter of this order, or upon a resolution of the City
Commission terminating the zoning in progress. This Amended Administrative Order shall replace and supersede
the Administrative Order issued on December 18, 2012.
This Amended Administrative Order is issued this day, December 12012, pursuant to Section 24-91 of
the City of Tamarac Code of Ordinances.
Done and Ordered;
City Manager
H:\_GOV CLIENTS\TAM 2704\050164 GM\MISC\Amended Zoning In Progress Administrative Order 2012 12 19.doex