Subject:
Title
Hope Episcopal Church, Inc. (Mike Burkhead/Gulfstream Towers) CUP request for Wireless Telecommunication Facilities and Broadcast Towers, in a PUD zoning classification. (23Z00055) (Tax Account 2604194) (District 4)
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Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
In accordance with the order issued by the Eleventh Circuit Cout of Appeals in Gulfstream Towers, LLC, v. Brevard County, Florida, Case No. 24-11648, it is requested that the Board of County Commissioners approve a CUP (Conditional Use Permit) for Wireless Telecommunication Facilities and Broadcast Towers in a PUD (Planned Unit Development) zoning classification in accordance with the conditions recommended by CityScape Consultants in its Telecommunications Site Review dated August 18, 2023.
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Summary Explanation and Background:
On November 2, 2023, Gulfstream Towers, LLC, on behalf of Hope Episcopal Church, Inc., requested a conditional use permit (CUP) before the Board of County Commissioners. The applicant requested a CUP for a 120-foot tall, concealed monopole, which means that all future antennas, radios, and cables installed on the tower will be placed behind a fiberglass radio frequency shroud making them hidden from view. The primary purpose of the proposed facility is to provide additional connection capacity for T-Mobile subscribers to maintain their expected level of service. The subject parcel is currently developed as a religious institution (church) built in 1997 and is located within the Suntree PUD. Site access will be from Interlachen Road.
To the north is a 3-acre parcel developed as a FPL substation and a 2.36-acre parcel developed as a business park; both parcels retain PUD zoning. To the south is 4.72-acre parcel developed as a stormwater pond adjacent to Crystal Lakes subdivision within the Suntree PUD. To the east, across Interlachen Road, is 9.74-acre parcel with PUD zoning developed as a shopping center. To the west is a 0.96-acre undeveloped parcel adjacent to a business park with BU-1 zoning.
After the public hearing, commentary from members of the community, and Board discussion, the CUP was unanimously denied by the Board. The Board then adopted a resolution setting forth the findings of fact and conclusions of law to support the denial of the request for the CUP. Gulfstream appealed the denial to federal court under the Telecommunications Act of 1996. The Middle District Court and the Eleventh Circuit Court of Appeals determined the CUP should have been granted by the County. Based on the court orders, the Board must “approve [the] application for a conditional use permit for a 120-foot monopole wireless telecommunications facility on property owned by Hope Episcopal Church, Inc., in accordance with the conditions recommended by CityScape Consultants, Inc., in its Telecommunications Site Review dated August 18, 2023.”
Pursuant to Section 62-2420(c), Brevard County Code, the CUP needs to be issued by the Board and should be done so with the conditions recommended by CityScape Consultants, Inc. in its Telecommunications Site Review dated August 18, 2023.
Clerk to the Board Instructions:
Upon receipt of resolution, please execute and return a copy to Planning and Development and the County Attorney’s Office.