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VAR1999-F2008 , , July 10, 1999 Mr John Asmer Planning & Development Services City of Clearwater P.O Box 4748 Clearwater, FI 33758 Subject. PetItion ofCDB 99_08 PLANNING & DEVELOPMENT SERVICES Dear Mr Asmer, CITY OF CLEARWATER l-.ctn~ gB We are the residents livmg nearby the property of 505 VirgmIa Ave, Clearwater FI, known to you as CDB 99_08. We are against Mr GeorgIlas or any other mdlvIdual or company erectmg a tower on tlus property directly adjacent to our neIghborhood Furthermore, as resIdents nearby saId property, we feel that erectmg a tower in tlns neIghborhood would decrease our property values, provIde a great eye-sore m the commumty, and compronuse the safety of children in the area These are a few ofthe reasons we feel strongly agamst this proposition and wIsh for your Immediate consideration to deny Mr Georgilas request to erect thIs tower m our neighborhood Smcerely, The resldents Address -* )t *' * 7t * * * ~ tcnc..erfled p(ooe:r-t~ cwnCX'"~ {leoxb~ '\'r.e.. ~""oQ06ec:\ bLlA\dln~ St\c:" cf me... -\:e:,uJif who are.. j uo-t: Ou:lfJlc.t. .:x:D -\ec..-.t of "",,c- \?rapttc, . ~ Petition agamst CDB 99 ~ 08 (page 2) t' .. ~ ~ -:;~ - -- STAFF ASSISTAi'I r'S CHECK SHEET FOR APPUCA TION FrLES FILE NAME ~_~C-~" ~~1\2-0~{LI I Lt. ~\~~~lC\. ~6,<,\Q- C;OS NAME FILE NUMBER TYPE OF APPLlCA nON '-:\\ ..p ~ .....- DATE RECEIVED ~) PERMIT PLAN NUMBER _..._.._ - - ......._........__.. ...____ ___..... - _.. _;00" _ __......___ ..._-...-- -.. ..--_...- - --....... -- --...--...- -----.. ..----.....---..... ~----_....- - - -.....---...... .--_......-- - --.............. ----.... - -- DOCUMENT DA TE COMPLETED N/A COMMENTS INCOMPLETENESS LETTER COMPLETENESS ~ \~L., LEITER INSUFFICIENCY , LETTER: SUFFICIENCY LETTER: ABUTTING PROP. SID fLEXONLY OWNERS LETTER DRC LETTER TO 5\21 I~ APPLICANT: DRC DATE: ..,... DRe COVER LETTER: I/J I DRC MEMBERS: (as soon as recen'ed send indi\'ldual applications) A TIORNEY Leslie Dou all-S I dees ECO DEV Lou Hilton SOLID W ASlE Jaames Ma ,110 FIRE Randy Htnl er ENGINEERlNG (2) Mike QUill ANTONIA (2) SCOTI PREPARE DRC AGENDA: EMAIL ENTIRE DRe AGENDA after deadline TO CYNDI RALPH ASMAR cLERK 1 " ... RECOMMEN DA nON . NOT FOR FLEX ~ TO CDB (STAFF STANDARD REPORTI DEVELOPMENT SID FLEX ONLY ORDER' - - - APPLlCAJ.JT LETTER: SID FLEX ONL y APPROY AUDENIAL FLEXIBLE APPLlCA nONS STOP HERE! STANDARD APPLICANT LEITER COB MEETING STAFF REPORT DUE DATE AGENDA COB ~//;; EMAIL AGENDA TO f BRENDA MOSES PACKETS COB , 7 BOARD cITY ATTORNEY COB ATTORNEY 2 CLERK PLAN OIR ASST PL om I DEV REV MGR I DEVELOPMENT I FLEXIBLE ORDER DEVELOPMENT, APPEALS ONLY APPROV AUDENIAL FLEXIBLE & APPEALS LETTER TO APPLICANT: FLEXIBLE DEVELOP- MENT AND APPEALS TO CBD STOP HERE ! LEVEL 3S CONTINUE ~ II ~ i ..,. 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(3 ~ tlI ~ C-..c ""C ::: -; a c <'" &. ~"" ;J 3 00]0.:::' :;~ 3 p ~ [~"-g,!!:: ~~~8g- ~~tjB ~::r~R- iil 3 :il ~ g ~~ ~ ::;, 0 ~ " ~ ~ ~ g ~ ("} ;.......... ~~~~ .., 0 I-- '-I; ~ ~ g ~ (j >-< ..., -< o 'T.l n r tr1 >- :::0 ~ >- ..., tr1 :::0 on s~ ~~ '" '"-' o "" o I "" ~ '"-' ~ WALTER POWNAll $[RV1CE CENTER Illll S Belcher Road !.alga, Fl 33773 (727)541-3520 School Board of Pmella. County, Honda Chal"man Lee Benjamin \11ee Chairman Mm, R Gessner, Ph D Nancy N Bostock Jane GalluccI S llSlH1. La t va la L tnd ,\ 5 Le mer Thomas C Todd SlIpcwmndcnt .J How:ud HLflesley Ed D PI nd las County S, I,ools 15 ,In equa I ('pportwlIIy II Itlwflrn for cduLQllOn a n I 'mplo)"ntllC " , I \ '- , July 1, 1999 PINEllAS COUNTY SCHOOLS q}oonnm ~ dte.dwg c1twmd rvvwl'..n Cmdy Dommo Amencan Infoage, LLC 2727 Ulmerton Road, SUIte 23Q Clearwater, FL 33762 RE TelewmmumcatlOns Tower at Clearwater HIgh School Dear Ms Dommo I am m receIpt of your letter regardmg your request for mformatlOn on the commumcatIOn tower at Clearwater HIgh School The School Board has an agreement WIth AT&T Wireless for theIr use and mamtenance of the current commumcatlOn tower on the hIgh school site AT&T has made a request to construct a new monopole to replace the eXlstmg lattlce tower We have had dIscussIOns m the past With AT&T but have not reached an agreement that would allow them to move forward WIth constructlon of the new monopole It IS beheved that AT&T stlll deSires to modify theIr commumcatlon system at tills locatlon but we do not know when thIS mIght occur Smcerely, A~~ LJ.Im Miller, DIrector Real Property Management cc John Bowen, School Board Attorney roJ [E@[EOW~ 1m lJlJ JUL 1 2 j999 W PLANNING & DEVFLOPMENT SVCS CITY OF flf ~.11!j,1,\rER JM 11 com/Clearwater Hlgh/Dommo re tower Pn n!ed on Recycled Paper i I i " - l-' - , tf , ~ ,-1.., . American Infoage, LLC . . . . 2727 Ulmerton Road, Smte 230, Clearwater, FL 33762 (727)556-0220 1-800-278-4399 Fax (727)556-0417 emaIl nattonaldata(@mmdspnng.com Agreement to Allow Future Joint Use Amencan Infoage, LLC, in an effort to comply wIth the intent of the CIty of Clearwater's Tower Ordinance, does hereby agree to encourage and promote the Jomt use of our telecommunicatIons tower, located at 505 Virginia Lane. There shall be no unreasonable act or omIsSIon that would have the effect of excluding, obstructmg, or delaymg the Joint use of thIS tower where fair and just compensation is offered for such use. We are currently under negotiations wIth GTE, PrimeCo, and Nextel for space on thIS tower. The tower will continue to be marketed to other service provIders m order to increase the number of users on the tower, and in order to reduce the number of towers m the area a. ~ Wlt~ Date. to. d</- 99 J~.~~~~~~ O,! L PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER r, ~ ) , ',- l ~- ~ i ~.. . American Infoage, LLC . . . . 2727 Ulmerton Road, SUite 230, Clearwater, FL 33762 (727)556-0220 1-800-278-4399 Fax (727)556-0417 ematl: natlonaldata@:lmmdspring com July 12, 1999 Antorua Gerlt City of Clearwater Planning & Development Services 100 South Myrtle Ave Clearwater, Fla 33758-4748 Re ApplIcation for communication tower Dear Antomo I am provldmg a letter whIch we received Fnday from JIm MIller of Pm ell as County Schools m regards to the tower on their property at the Clearwater High School The letter states correctly that negotiations have been held m the past regardmg AT&T replacmg the lattIce tower With a tower for AT&T's sole use The statement that AT&T still may desrre to modify theIr facIlItIes at tills location is not correct There are no plans for modifying thIS tower by AT&T and no current negotiations are m progress Our tower will provide facilities for GTE, PnmeCo, Nextel, AT&T and one other Our tower IS structurally deSIgned to accommodate at lease five service providers The carriers lIsted above need ImmedIate servIce at too location to properly prOVide for the current demand, I believe this provides the information you requested 00 [E-ag-~-n'\l/ ll'rnl1 i 1111 JUL I 2 1999 jll!Ji PlANNING & OEV' '(' -', --=,1\1 svc~! CITY OFJ-l .- , ;'1.._~_j ~ .- Sky Blue Covenng Over Antennae Mounts I I' , !4- )Z c" -8 ~ 501 , 1'/1' CloCk{gr1 ') Tower to be non-glare color In accord with Codes AMERICAN INFOAGE - COMMUNICATIONS TOWER VIRGINIA LANE. CLEARWATER. FLORIDA F'I LE 3~:1 i::1 I '... ~ APPLICANT, PROPERTY OWNER, AND AGENT INFORMATION: APPLICANT NAME Am Elf ICAw IA/FCAG€, LLJ. MAILING ADDRESS 017. 7 VI-, /'17 e' I'f roAl /l ". J # dl a 0, (! l. E Atf W II TE''< F<. i~ 7' ., .I (1~1) 551:,. fJ~:)O FAXNUMBER (7.,)') SSd,-OYI7 PHONE NUMBER PROPERTY OWNERS AGENT NAME MAILING ADDRESS PHONE NUMBER ,- CITY OF CL - - ArrLICATION FOR SI PLANNING & DEVELOPl\1ENT MUNICIPAL SERVICES BUILDING, 100 PHONE (727)-562-4567 This form must be submitted for all applications for reSidential u vested nghts, development agreements, seawalls, docks, mann w.." , SERVICES \ ... OF CLEARWATER WI'- L.IAm (List all owners) I e f(ol'c 6€otfGILAS , m IL,e~ ,.,.,. C'OO,llle.'" I At1'1EI'fI('A,,) /,vFtJt46Ej L(.!!. dltl9iJ aeu.(./4J~ C'O/4Y IJOA/AJD ~ I~J 01. me I'f rclJ If /J,., #,;)~(). (!.ltEi9lftJ,q T~.KJ '1. :r ~7t (7.:27) S~ (,- b~:J(j FAXNUMBER (7.;a7j 5"5"6- at/I 7 PROPOSED DEVELOPMENT INFORMATION' :JCATION \ STREET ADDRESS LEGAL DESCRIPTION PARCEL NUMBER PROPOSEDUSEANDS~E DJJG IfI..OCk €,q$T t:7t: kfiENe If. 6. .sovrJ.i D~ 61/~p ~ 'TD-I!AY I 50S' V It'{ 6/ N / A L.A!, C!.A...tEA I'lW rf Te Ie. <.. B 7 -IJ t/ 5/00 pr: a~ AI 01S'0 Fr: OF c / . FT. ct: W · OF NW '/"'/ of ^,W 'Iv ()~ .s-w tlV t..t:;'S'S I?ci4A. CJq. /5-/3- c:Jt'''OO- .3~CJ- OS't70 1100' (,JllfeLc5S (Jc""rt)uw.l~I9TI()N:S roweL /00' v /J1o' r/~/ OA{) SIZE OF SITE " ..., 4 l .. -r i " DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS? YES _ NO ..L (number of dwellmg umts, hotel rooms or square footage of nonresidential use) SQ. 1=7.) STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscnbed before me this ~7rH day of mllY ,A 0,199 to me and/or by m"urA P'). tUJol'elt- ,who IS personally known RBS I3roduced as- ldent! flCdbul1 ~.~l.~" Not public, my c mmlSSlon expires I, the underSigned, acknowledge that all representations made In thIs application are true and accurate to the best of my knowledge ~ -OR PLANNING OFFICE USE ONLY' ~ND USE DISTRICT OF PARCEL ZONING ZONING CLASSIFICATION OF ADJACENT PARCELS NORTH SOUTH FU FUTURE LAND USE CLASSIFICATION OF ADJACENT PARCELS NORTH SOUTH EAST WEST ND)'-- ~f' FL., LLC 727 -'~""'6- 0417 p,3 CITY OF CLEARWATER AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVEWPMENT SERVICES ADl\1IINISTRA nON MUNIClPALSERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2,.1 FLOOR PHONE (727)~562-4567 FAX (727) 562--4576 STATE OF FLORIDA COUNTY OF PINELLAS WI LlJArYl h €'01f6 Il.. AS flotl€ G;€tJIfG/(.I/S (Name off all pmperly OlNl"Iers) 1 That (I am/we are) the owner(s) and record tItle holder(s) of the follOWing descnbed property ADDRESS OR GENERAL LOCATION SO 5' V II? (i IN' It LA we f! ll! 1:J,tf (....) ATE tif. F'- j 37' " 2 That thiS property constitutes the property for which a request for a /~o' --rG.L€ (!(),.,.,,..,U#JICA T/c,.I.f -rCI.JG/f!. (Natl.ire of rllquesl) 3 That the underSIgned (has/have) appointed and (does/do) appoint I1J'"1")EIf /('II,.J ,." It.c.e-If m. C!ool'€tr ~A.4.d Gal.L 1r-1$ C!'4"N4Y 0 Q /'I)" AID) all (hlslthelr) agellt(ll) to execute any petIllol'lll or Q\hllr documents neGell88ry to affeet such petrtlon, 4 That thIS affidaVit has been executed to Induce the City of Clearwater, Flonda to conSider and act on the above described property, 5, {we), the underSigned authonty, hereby certify that the foregOing IS true and correct STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscnbed before me this /7 TH day of MAY, , AD, 19 qq to me and/or by4l"C/l9m 6" NoN gE"lffj U.AS ,who IS personally . known R:u: pP98\:1Seel a.Ii Ide~tltic3tlgQ "'" / ~"~~]') ,a o J?-I'AtJP 0 SIGN (pmpertyl'Ownerl SIGNED {Property Ownorl SIGNI:.U (Property owner) ~ My commission expires 1) APN SubCondo .:itrap # County NM PG# ACR PG# . PROPERTY INFORMATION Property 505 VIRGINIA LN, CLEARWATER FL 33764-6260 COSS 29~ 15~ 13-00000-320-0500 ACREAGE AND UNREC PLATS T/RlS 29-15~13 PINELLAS, FL 99 Region Census MUnicipality Property Tax $2,20539 Tax Year 1998 Delinquent NORTH Mill Code 266.01 exemptions GEORGILAS WILLIAM & HOPElHW Owner Mall 300 S DUNCAN AVE; CLEARWATER FL33755-6457 C021 Use Total Value Land Value lmprv Value Assd Year Taxable % Improved ExemptProp Phone ! STORE BUILDING $96,800 $83,300 $13,500 1998 $96,800 13% SALES INFORMATION LAST SALE Record/Sale Date 01/1990 01/1990 Sale PncefType $115,000 OR B&P/Stamp 7166-250 Deed Type 1 st MtgfT ype Mtg Name PRIOR SALE 07/1985 $134,500 6025-160 Seller iransfer B&P Sale Comments #Parcelsllast Sale Nominal Info = Date 04/28/1998 Doc # 10074-2561 KARRAS JOHN & DENA Type QUIT CLAIM DEED SITE INFORMATION # BUildings # Umts County Use State Use ImproveType ZOning Legal Plat BkPg Legal BlklBldg Legal Lot SIZe 100X14O Lot Area 14,000 11320 Park Type 11 Park# ISF 04 Srtelnfluence 109-48 Legal LotfUnll: 320 S 100 FT OF N 250 FT OF E 164.5 FT OF W 492.88 FT OFNW 1/4 OF NW 1/4 OF SW 1/4LESS RD Comments COUNTY USE'STORE-ONE BUILDING ;IMPROVE TYPE'COMU1 FAMILY :FLOOR SYSTEM:WOOD W/SUB FLR ;X~FEAT ,ASPHALT PAY 1200SF @1996WIn2Data2000 IMPROVEMENTS Gross Bldg Area 2,176 Total AdJ Area BldglLMng Area 2,140 Adjust Area $/SqFt $53 YrbltfEff 1951 # Stones Bedrooms Rooms Full/Half Bath Baths/Fort FIreplace Condo Fir Pool Porch -Basement Construct Foundation Ext Wall IntWall Floor Roof Type Roof Mati Air Cond Heat Fuel Heat Type BldQ Desc BAS OPF 1 1 4 y CONCRETE CONCRETE MANSARD COMPOSITION SHlr WALL FURNACE SIZe 2140 36 Page 1 of 1 AGREEMENT TO THE PURCHASE AND sALE OF REAL ESTATE THIS AGREEMENT TO THE PURCHASE AND SALE OF REAL PROPERTY ("Agreement"), made and entered lnto thlS day 4- of ))1;/ 199~, by and among: (a) Wllllam & Hope Georgllas (Se11er"); and (b) Amer1can Infoage, LLC ("Purchaserll). WIT N E SSE T H: WHEREAS, Seller lS the owner and holder of all that certaln tract or parcel of land IYlng and being In Clty of Clearwater, Plnellas County, Florlda, Tax Parcel I. D. # 29-15-13-00000-320- 0500, also descrlbed S 100 ft of N 250 ft of E 164.5 ft of W 492.88 ft of NW ~ of Nw ~ of SW ~ Less Rd, Purchaser wlshes to purchase the subJect property as shown on Exhlblt "A" attached hereto (herelnafter Property); and WHEREAS, Purchaser deslres to purchase the Property from Seller, upon the terms and condltlons of thls Agreement/ and Seller, likewlse upon such terms and condltlons, 1S wllllng to sell the Property to Purchaser: 1. Sa1e of the Property. SubJect to and on the covenants and condltlons of thlS Agreement, Seller shall sell and convey to Purchaser and Purchaser shall purchase and accept from Seller, fee slmple, marketable, record tltle to the Property at "Closing" (as here1n deflned). Purchaser and Seller agree that the Property's legal descrlptlon shall be subJect to the survey as determlned under Paragraph 7 herelnafter. 2. Purchase Pr1ce. The prlce to be pald by_P~rchase~ _to I, C;p 1 1 P J;, in e~cha,nqe f9 r tr 1:e P rope rt y ~ hall be I_ I _ I-~~ ~"-.J. I ----- _ --~- - - - - _-_ _ ~ -- - /Ie Purchase Prlce shall (D - /;;'/ be ~~' c sh at clo1i1ng~: :' -- ___--- -c ~~ h//,;1 l! - - //1 Cj;b ~ 111 - efVhd-a/;!t / - _ __ ,f / /' ~ 3, ST MONEY . As "Earne~ Mohey" __~urct!aser _ ha~ pa1d, by Purchaser's check, t sum of' ) ( "- - --- - ~ - - DOLLARS to as Selle. SubJect only to negotlatlon of Purchaser's check, Seller acknowledges recelpt of the Earnest Money_ The Earnest Money shall be app11ed at Closlng, to the Purchase Pr1ce or otherWlse dlsbursed by Seller ln accordance wlth the terms of thlS Agreement. 4. C1os1ng. SubJect to the extenslon provls1ons set forth In thlS Agreement, clos1ng of the purchase and sale of the Property (hereln calJed "Closlng") shall be on or before one hundred flfty(150} days after the date of thlS agreement as shown above, 5. Documents. At Clos1ng, Seller shall convey to Purchaser all of Seller's r1ght, t1tle and 1nterest 1n and to the Property by general warranty deed 1n form commonly recogn1zed by real estate attorneys 1n Flor1da. 6, T~tle. Seller represents and warrants to Purchaser that Seller now has, and at Clos1ng w111 convey, fee simple marketable, record t1tle to the Property, free and clear of all leasehold lnterests, 11ens and encumbrances and subJect only to: (a) general ut111ty easements Wh1Ch serve the Property; and (b) real property ad valorem taxes for 1998 and subsequent years (taxes for 1999 shall be prorated as elsewhere prov1ded hereln); and (c)such other except10ns as Purchaser, after exam1nat10n of Seller's t1tle to the Property, may agree to accept. 7, Survey and Inspection. Purchaser shall have the r1ght to enter upon the Property at any tlme and from tlrne to tlme from and after the date hereof w1th Purchaser's agents, employees, eng1neers, surveyors, environmental 1nspectors and the 11ke to conduct such tests and examlnat10ns of the area, surface, subsurface and other physlcal cond1t1ons of the Property as Purchaser deems reasonable and necessary 1n a1d of purchaser's declslon to purchase the Property and to close. 8 Inspection Period, Anythlng here1n or elsewhere to the contrary notwlthstand1ng and 1n conslderatlon of the terms and condlt1ons of thlS contract Seller grants to Purchaser the rlght to termlnate thlS Agreement 1n Seller's sole discret10n w1thout penalty or obl1gatlon, except1ng only those oblJ_gatlons Wh1Ch are expressly made to surV1ve hereunder. The forego1ng r1ght of termlnat10n may be exerclsed at any t1me pr10r to f1ve o'clock p,m. Eastern Dayl1ght Savlngs T1me on the nlnet1eth (90th) consecutlve calendar day follow1ng the date of th1S Agreement (the "Termination Date") by Purchaser glv1ng notlce of exerClse to Seller. 9. Prorations/Costs. At Clos1ng, real estate taxes for the year 10 WhlCh Clos1ng occurs shall be prorated between Purchaser and Seller. Seller shall pay any real estate stamp tax due upon record1ng the general warranty deed and the costs of recordlng the 1nstruments of conveyance. Purchaser shall pay the cost of the survey and of Purchaser's tltle 1nsurance POllCY. Seller shall be respons1ble for the cost and expenses of Seller's legal counsel, Purchaser shall be respons1ble for all costs of Purchaser's 1nspectlon of the Property and the fees and expenses of Purchaser's legal counsel. 11, PosseSS1on. Purchaser shall take possession of the Property at Clos1ng. 2 12. Seller's Warrant1es. As matters wh~ch are true and correct ~n every mater~al respect and wh~ch shall be true and correct at Closlng, as ev~denced by Seller's execut10n and dellvery of the general warranty deed, Seller represents and warrants to Purchaser that: (a) Ut~l~t~es, All necessary publlC or pr~vate ut~llt~es ~nclud1ng, water, sewer, electr~c~ty, telephone are ava~lable at the Property. (b) Access. Access, for lngress and egress, by veh~cular and pedestrian means, to and from the Property 1S ava~lable dlrectly from the publ~c rlght-of-way of 21st Street North, whlch 1S contlguous to the property. (c) Envlronmental. Seller knows of no actlon proposed, and has not been notlf~ed of any actlon pend1ng by any agency of the State of Florlda or the Federal Government requ~rlng env1ronmental cleanup of the subJect property, 13, Default and Remed1es. (a) BY Seller: In the event Seller shall fa~l or refuse to consummate the purchase and sale of the Property for any reason other than default or early termlnatlon by Purchaser, or lf any representatlon or warranty of Seller made and glven hereln shall prove to be lncorrect, ~ncoffiplete or untrue 1n any mater~al respect of Wh1Ch Seller knew or shOuld have known when such warranty or representatlon was made or g~ven, Purchaser shall have the r~ght to g~ve notlce of such c~rcumstances to Seller and: (l) proceed w~th all remedles avallable to Purchaser aga~nst Seller at law or 1n equ~ty lnclud1ng, wlthout Ilffiltatlon, speciflc performance; or {lll termlnate this Agreement upon notlce to Seller. \ (b) BY Purchaser: In the event Purchaser shall [all or refuse to consummate the purchase and sale of the Property for any reason other than default of Seller or the exerClse of any termlnatlon rlght glven to Purchaser hereunder, then on not~ce of Purchaser's default given by Seller to Purchaser, Seller shall reta~n the full amount of the Earnest Money as liqu~dated damages (and not as a penalty) In full and complete sat~sfactlon of Purchaser's obl~gatlons hereunder, It be~ng acknowleaged by Seller that Seller's damages would be d~ff~cult to ascerta~n and that the amount of the Earnest Money 1S a faJ_r est1mate of such damages. Upon payment of the Earnest Money to Seller, thlS Agreement shall terffilnate for all purposes and be 3 of no further force or effect exceptlng only as to those matters wh~ch are expressly made survlv~ng, 14. ~scellaneous Prov~sions, (a) Mod~flcatlon and Amendment. ThlS Agreement may not be modlfled, altered or amended by any means other than 1n wrlt1ng, executed by each and all of the partles upon whom such amendment lS to be effectlve, in the same degree of dignity as thls Agreement lS executed. (b) Blndlng Effect. The terms, covenants and condltlons of thls Agreement shall be bindlng upon and lnure to the beneflt of Purchaser, Seller, and their respective successors, asslgns and legal representatlves, all of WhlCh terms are lncluded wlthln the deflnltlon of, respect~vely, "Purchaser" ,and "Seller". (c) Notlces. All not~ces deslred, necessary or requlred to be glven ln respect of thlS Agreement shall be ln writlng and shall be deemed glven and effectlve when hand dellvered agalnst wrltten recelpt or on the thlrd (3rd) bUSlness day from and after the date upon WhlCh such notlce 15 deposlted (as eVldenced by recelpt for deposlt) to the Unlted States Postal Servlce, postage prepald, certlfled mall, return recelpt requested, and addressed as follows: If to Purchaser: Amerlcan Infoage, LLC 2727 Ulmerton Road SUlte 230 Clearwater, Florlda 34622 Tel: 727-556-0220 Fax:727-556-0417 If to Seller: Wllllam Georgilas 300 S. Duncan Ave. Clearwater, Fl. 33755-6457 or to such other address or attentlon as may hereafter be glven by proper notlce. (g) Asslgnment. Purchaser may, wlthout the consent of Seller, assign any or all of purchaser's rlghts hereunder to any person, flrm, partnershlp, corporatlon or other entlty; provided that, to the e~tent of Purchaser's lnterest In the Earnest Money, Purchaser shall not be relleved of lts obllgatlons under thlS Agreement. If any such asslgnment ]S made, then the sale contemplated by thlS Agreement shall be 4 . ... ""....1 -~ consummated ~n the name of, and by and through the author~zed off~cials of, any such asslgnee, (h) Possession. Seller shall deliver possesslon of the Property to Purchaser at closlng. (i) Entire Aqreement. ThlS Agreement and the exhiblts attached hereto and lncorporated hereln constltute the entlre agreement and understanding among the partles and all prlor agreements, undertaklngs and understandings, written or oral, are merged herein. IN WITNESS WHEREOF, Purchaser and Seller, by and through their respectlve and duly authorlzed offlcers and representatives, have caused thlS Agreement to be executed, have affixed thelr respectlve seals hereunto and, where approprlate or necessary, have attested the same, and have dellvered thlS Agreement, each to the other, ln multiple counterpart origlnals, on the day and year flrst above wrltten. PURCHASER Amerrcan Infoage, C ~ ,,$~ (.1!f-~ Witness ' BY SELLER William and Hope Georgllas BY. WItness ~ aGj-a/J Hop eO~llas WItness 5 PERSONS HA VING A CONTRACTUAL INTEREST Owners (Sellers): William & Hope Georgilas Agent (Buyers): American Infoage, LLC (Miller M. Cooper, Cindy Domino, & Brad Collins) , ~- ~E "~"I L",H ~ ~0" ::W ". '" ;;: ,,. AVENUE S .. ". '" '" ;: ;: .:: o .0 .... ~ ". "" .. .. .. AVENUE s jl '~ ~'.~ ~~ "" .. .. .. :; 00, -"""""- '" '" :': :::: ': .0 " 00 ;:: '" '" " DRIVE DRIVE ;v ;~ ".., .. "" .. ,., " o ~~ ;v <' fT'I '" ... t: ,m;:i.S - '" ;; (; 22 I~'\. 10 .. "" AVENUE S :; ~ sJ :2' ~ 61 ::..- .-KrrN~ '0<> ! .. / ,. I .. ~ ~ -- - --;--~ --- .wAD' --- '00 , '" [ '" ,,@OIl}IA--.o,,0"W'O ;;:_ s::;:;:; :;0:;/?1~. ~ w ~ !\.V \V \:I W ::: '"~ '" ... .. .. .... .... CD 00 ~ I '" ... ::: "'" ... :: '" .... ... " - .. ~'" .. ARCTURAS () - -f -< o " o r m )> :D :?E )> -f m :JJ :: ". I \a , : - ... w- o ... o :;: '--- ~ @ i J ~ ~ (:c:\ (.;\ 18 It? f;:" _ g ,; t: 1 -::: -_ ~ ;J W W l\ij \y t f D w ,; ,; : ,~.; """ ,,y~ ~ ::: l: VIRGINIA LANV~ C> @'~ ~ ~ Ioq ~ ec- '1\'1 103:4' ao ~ C ~ ~ ~ : l~f80 /?1 ro:c: /?1;:. CV..'~ c:; .. 'WWW\y II W: ~ ; (V w <- ~"..~ ~ :;1 l ~ .. ,~ f@ en; \II G) ~ s I ,'" I ~ !:' (.10<" (') r- ,., > :;0 ~ )>- --4 l"1 ;:0 I G:) X UI () I o o r 1;:'4.' cJ 'i: 100 ""I; U t~ 100 D 'i: PARKLAND AVENUE , . :=... ..tt '" i " 2a~~~ (.00 ""'i;:---.J ;; : . 10 'oa In .. ... '" :; SHADY LANE AVENUE 00 "" .. I-n- .. - .. ..., t..lI .... """ .u Ii) &CI ~:: 50 ~'" .. ~ 0 ~ g; ''''' ~ :; F':;~ ~ '1~ :~ ... .; g n".. 10 ~ eo 12'''' ;:ca~..... ~(JII ~o 1'0':: I':: ;: c;- ~ 1IQ.i; ""I tou m ~C:tl~~ '" .. .. " '" .... ',';n :; t. ~ II :; HI,1J '. {-,. ~Ut t: ~ :::,13 J 10 JQ. H 11/:1 10 l(l. ~o to.J- /0 ;:~ ~;; ;uw ~; .:;;~;; ~: IoL ot 'It 04. 'it Q,( ,:t Ol ~,E 0.", .it O.L ;.1: QoI!: ~o BRDOKSlOE ...---:-;7"''' '0 ,." · ~..~.... f - - - rot .,p'.' <<.t <,., <,., r<< .'/ " .'I~." .; _ l I 2 9 6 ~ 1_ f- - - ~ ~ ;; - - ---J:;... ~ :: I;; ~ ~..... ': loY 40- IY ~,.... ~~ U' p..J ; ~:~ 0 o ....... ""'.... "" '1.....0 - ..... ..... VI' ..,.. ...., IpIl ;::; iIII ~ ... 0 -... "'-I" ,:..( ......i ....r.1lI I[ OL "'( n~ UOl ..tH. (fJ.l. ('C-t ('LU (Cl O.c; .. --1- ~ l'; 'I I I I ~ -t g ..' ~ 2:cv.: ~ <> 3 ~ ~o2 ... o~ "'>> . ..." -.. c""""~ ">> r o ..to (D.: E~~ 0" _C'l VI _ .. ~:t ,><> ! ~ f '? ~ 12...' ,tJ. r , AVENUE J 1141-4l ~~ <CD s>>CI) :. .. fill e: (.;\.- : WDI n "-0 -" ~'< EXHIBIT "A" - _ AVENUE j :: .1!i!J." - Dr e,l ~ g '=--~I-"'l~ c: ~ .J;,-lO'laJ;g ~ ~. r~J:: E ~ . - ~I & ,....... --0 ;;; ,Ill " ""lIt ~ -- l> l r_l'; ':: - ~j tOO 1~8~ ~ i~ W . I: ....~ Q-....... Q Q ........... C <> I.t:'" r- -f\:) ~ ~~\' - l- f v;"w~ iOO ., ;ra L~ 1;1:3 ;;j'" F~ E ~ - ,. r '" I~ ", 1 DRIVE --yq '" '" -.... .. ..... - ... ~.... ~.... ~ U> -0 ,"" I '.. o ... '" '" '" :u.o '"" ()., 0) U IS .!I". l'; 0 ,.... (:) COR ~r:~x",- "-.:::7"'... 21 m"''''~:I- : ~ .: G, I e 'i: '" i ~ ... ---.. :: 1----- Eg g 1) + ,'" :;:; ,'" , .. I - r- l.-~ :: (~\ '" '-' F :; r I , ,,,, ". -@ ,1 (D~ e UiO('!iiJ OR ., :::8 '" '" '.. PEG .., '" w is... .- E L -<7< G w - <> ".. g '" .. ~ "', "~I " '" .. .., ME I. .. ... '" .. ,,, '" COM J i If)'''' _"' I "J to ~ ~....".... 1----- <,::.' ; ~ ~w -1- ~ '><' <; / oB ,., e ~\]) I; ;: - '\ \ OS !(I, . -w - '{, ... I :; ,~! ~'"T '" o I ~_ G) :: J I , ,,.. <>m <7< ,... .. AURC .. .. .... ~ ~ ~ ;-- - - . :. ~ '... .. HER~ ,"' . I CRUS AI LEGAL DESCRIPTION Address: 505 Virginia Lane, Clearwater, FL 33764 Parcel ID #29-15-13-00000-320-0500 Lot Size: 100' X 140' (14,000 sq. ft.) Legal Description: Begin at the Northwest comer of the Southwest quarter of Section 13, Township 29 South, Range 15 East, Pinellas -County, Florida, and run thence South 89*22'54" East, along the quarter section line, 328,55 feet: thence SouthO*00'38" East, 150 feet for a point of beginning; thence South 0*00'38" EastlOO,OO feet; thence South 89*22'54" East, 164.44 feet; thence North 0*03'28" West, 100,00 feet; thence North 89*22'54" We'St, 164.35 feet to the beginning, less the West 25 feet of said lot which is reserved for use as a public highway, Clear~Jdr FlJ~ )L--l~ u o! Q " , " ~lr ({ !~,!~ , ~) \ J--" ~ Local Road &:0 Meters - Major Connector -- State Route .-/ ~~ ( LOCATION MAP ( I I n !~Q , , , ~ l t...) j", CO I ~ 10",1 0:: i: I J" I ., ,. ':l -< .... I\~ i ". 5 ;: ~ 5 G 11 01~O ~ :l 9 ~ ~ tjl L J . " a... .. I< " ~ w :i1 5 ." 'J. l>e ! 9~ e ~ 1:>0'('5.) ". '0 '00(.) 'J ~ ~ '"01') .0 ..,(.) : w u II I '" '" 3. I- e r 1 26A.<I'l PIS 1l0.t,RO Of "UBUC INSflil.,.lC 101'1 w ::l z: W > -<I.: ~ 'I ~ . . ~ I~ ::' VI ~ _~I c '0 .0 ~ f"IT_V r lee Jt; il ~.J. - I .....::::::; - II r:I -).- LJ'T' ~J..-I I "'"'"'" C'::l <<-"Ill ~ 11..11 v ~ ~ ~~ H~~~T: m:.~~ ~~I E [nJ ~ r hS, 'tEf ,-,I~_, ~ u~ ...c . ~1I1 ~ ~~ "= .J.(; LUC11!,.-..E;.,~ \,^,~ h" ;j>.j~l ( \>C: ~-6 ,,- ,> em" --I" , r 1 CIt~terlAl t'.., I" "--,..:;,..~~ ,', \^"::", I in III = F [l $- --'-l..:l:lZl ,'A _ . ""." ~:".... ~ 1- J"t'(usse ~~li.I.liluml :~ ~ ~~~onFle~d ~~hlJ'!jti! ~,~- - (t'{', Q~ J-':'f'A: -,,"--- I' I 11- ~ -< I-r - L ". ---: , ". 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MAILING LIST - NOTIFICATION TO CARRIERS TOWER SITE 505 VIRGINAl LANE, CLEARWATER, FL Aerial Communications/APT Mlke Brown (Real Estate and Co-Location) 6902 Cypress Park Drive Tampa, FL 33634 Voice: (813) 243-3222 Cell: (813) 263-0864 Main #: (813) 243-3200 Fax: (813) 243-1906 Airtouch Paging (Paging) Mark Bolich 12500 Roosevelt Boulevard North St. Petersburg, FL 33716 Voice: (727) 573-7800 x5082 Fax: (727) 573-0329 AT&T Kevin Becker, Slte Acquisition / Co-Locatlon Manager 501 East Kennedy Boulevard, nth Floor Tampa, FL 33602 Cell: (727) 460-9911 Office: (813)222-5557 Bell South Mobility, Inc. Mike Monagle 3012 US Hwy 301 North Suite 1000 Tampa, FL 33619 Office: (813)740-9183 Fax: (813)630-9319 BellSouth Mobility Inc. Laren Whiddon Corporate Office 12477 Telecom Drive Tampa, FL 33637 (813) 631-2500 Fax: (813)631-2710 GTE Wireless Products & Services Bob Hardee 5303 Commerce Park Boulevard FNfW Tampa, FL 33610 VOIce: (813) 282-6454 Fax: Cell: MobileComm (a Bell South Company) Joe Kurns 4801 East Colonial Drive Orlando, FL 32803 Voice' (407) 895-2050 Fax. (407) 896-5474 PageMart Wireless, Inc. (Paging) Dennis Kerlick 3333 Lee Parkway, Suite 100 Dallas, Texas 75219 Voice: (800) 864-5809 Voice: (214) 765-3779 Fax: (214) 765-4907 Ausley-Harvell (Site Acquisition for PageNet) Dan Ausley 1114 ThomasviUe Road Suite W Tallahassee, FL 32303 Office: (850)561-10 PageNet (Paging) Gary Meritt 4010 Boy Scout Boulevard, Suite 300 Tampa, FL 33670 VOIce: (813) 873-7200 Fax: (813) 876-3710 Powertel Inc. Patrick Boyles One Concourse Parkway, Suite 500 Atlanta, GA 30328 Voice: (770) 522-3403 Fax: (770) 522-3419 2 Sprint PCS Arliss Elhot 5301 West Cypress Street Tampa, FL 33607 Voice: (813) 639-2010 Fax: (813) 639-2050 Colleen Baxter: (813) 639-2013 TCG/AT&T Local Services Michael Cardillo 6015 Benjamin Road, Suite 306 Tampa, FL 33634 VOIce: (813) 806-0194 Pager: (800) 759-8888 Orlando #: (407) 563-0004 TSR Wireless Dennis Logenng 5301 West Cypress, Suite 100-A Tampa, FL 33607 Voice: (813) 288-9497 Fax: (813) 289-3966 Unisite Grace Vista 3450 Buschwood Park Drive, Suite 250 Tampa, FL 33618 Voice: (813) 932-9809 Fax: (813) 915-3660 Unisite Mr. Dana Dulabone (RF Engineer) 3450 Buschwood Park Drive, Suite 250 Tampa, FL 33618 Voice (813) 932-9809 Fax: (813) 915-3660 WinStar Communications, Inc. Tom Rivers (City Operations Manager) 400 North Tampa, Suite 1400 Tampa, FL 33602 Voice: (813) 387-9813 Fax (813) 387-9900 3 '. . American Infoage, LLC . . . . 2727 Ulmerton Road, Swte 230, Clearwater, FL 33762 (727)556-0220 1 ~800-278-4399 Fax (727)556-0417 emaIl: nationaldata@mmdsprin~.com Prime Tower Space Available! Virginia Lane & Gulf- To-Bay (Vicinity of Keene Road & Gulf- To-Bay (US Hwy 60) Clearwater, Florida 33764 N27 57' 36.96" / W82 45 40.56" Tower Type: Monopole Tower Height: 160' Elevation: 55' Call1-800-278-r4399 today to reserve your height! , , r !~rt(tJ~lrR[ij1111Jm1l,UJ1:::}~l!. , u;V J.II O~III \ 011.1 ~~ _ Ameucan Infoage, L~ . "<~ ;'LJI=-~1I ~_ r:- 1 r....... t=I!ITilMJE" ~I'Q{' 1/ t 9\\) ~~ ~~~ny&n a _ := i1?) 1 n ~}, ~ rm,r ',J I ~ fll ~ P .\ 11"_ IJ D I- .r.-;!!:J D;:;' , t9u- ~~ - lE:l1 I""'~" :z .rili~n&GO:M.~rl I J'Il." '1bl,. h "I ;7~63 I-- !~/ ijJl;;;> , LD ~ .~ ... ffi7 ~f ~ J::: I If:r~' -j t- ~ t " ~5' n. -7 - ~ _F- 'c. .--: ~f~ taca~p loul~ ) ~ 1 iTh~ rJA ~ lJ~~~ i- )--! "-t-1 ~ ---4-J J ~ .J J. ~ -qJ, n ~@lIr(tS, 1 "'-- ! 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I \ .. ~ - ... .' ," HIGH POINT BRANCH CLEARWATER, Florida 337629998 OS/25/1999 (800)275-8777 01:27:51 PM Product Description Sales Receipt Sale Unit Oty Pri ce Final Pn ce MARIETTA GA 30060 First-Class Restricted Delivery Return Receipt Cert1fied Issue PVI: ATLANTA GA 30328 fj rst~C I ass Customer Postage Return Receipt Cert1fled Issue PVI: ~, T A~lPA FL 33634 Flrst.Class Customer Postage Return Receipt Cert1fled Issue PVI: -~ ,r ; SAINT PETERS8URG FL 33716 First-Class Customer Postage Return Recei pt Cert1fled Issue PVI: TAMPA FL 33637 First-Class Customer Postage Return Receipt Certified Issue PVI: TAMPA FL 33619 Fi rst-Cl ass Customer Postage Retu rn Rece i pt Certified Issue PVI: TAMPA FL 33602 First.Class Customer Postage Return ReceiPt Certified Issue PVI; ORLANDO FL 32803 First-Class Customer Postage Return Receipt Certlfied Issue PVI: $0.33 $2,75 $1 25 $1.40 $5.73 $0,33 -$0.33 $1.25 $1.40 $2.65 $0.33 ~$0.33 $1.25 $1.40 $2,65 $0,33 -$0.33 $1.25 $1.40 $2,65 $0.33 -$0,33 $1.25 $1.40 $2.65 $0,33 -$0.33 $1.25 $1.40 $2,65 $0.33 -$0.33 $1.25 $1.40 $2.65 $0.33 -$0,33 $1. 25 $1.40 $2.65 f I [', l , , ,-' ',' .: -.' 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[r _l I t I - ~ ~ ( ...} ~ 1 .. t ... ~ TAMPA FL 33610 First-Class Customer Posta~~ Return Recel pt Certified Issue PVI: DALLAS TX 75219 First-Class Customer Postage Return Receipt Certi fled Issue PVI: TALLAHASSEE FL 32303 first-Class Customer Postage Return Receipt Certified Issue PVI: TAMPA fL 33607 First-Class Customer Postage Return Receipt Certi fled Issue PVI: TAMPA fL 33634 .. ~ fi rst-Cl ass Customer Postage Return Recei pt Certified .. , , ~ Issue PVI: TAMPA fL 33607 flrst-Class Customer Postage Return Receipt Certified Issue PVI: TAMPA FL 33618 Flrst-Class Customer Postage Return Receipt CertIfied Issue PVI: TAMPA FL 33602 First-Class Customer Postage Return Receipt CertifIed Issue PVI: TAMPA fL 33618 First-Class Customer Postage Return Receipt CertiflBd Issue PVI: TAMPA FL 33607 first-Class Customer Postage Return Receipt Certlfied Issue PVI: Total: $0.33 -$0,33 $1,25 $1,40 $2.65 $0,33 -$0,33 $1,25 $1,40 $2.65 $0.33 -$0.33 $1,25 $1,40 $2,65 $0.33 -$0,33 $1,25 $1,40 $2,65 $0.33 -$0.33 $1,25 $1,40 $2,65 $0,33 -$0.33 $1,25 $1,40 $2.65 $0.33 -$0.33 $1,25 $1,40 $2.65 $0.33 -$0.33 $1,25 $1,110 $2.p5 $0.33 -$0.33 $1,25 $1,40 $2,65 $0.33 .$0,33 $1,25 $1,40 $2.65 $50.78 ~ t ~ il [.... r ~ oIlJ. * II:'" rt1.-"~ 1 ,.r....~ ~~~'>1.,.,..., 1 /~~~;.I:: ;.t,~_ 1\' '''. : J.. ~ ~~...-"" .. ......... 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U '_'- , II ~\~ r-;; Jrr.' : -'j American Infoage, LLC[1J. "~,L ~"'-. ~~._<,-'-. I .~~.., ~ f ncl. ._l.O, ,. ~, . . ;. ~~l~~ ~ , I l;t:P.vsCES i ~i"bf: c~~~.\I;'AT;;i, _ .~ :. .. .~.,.~.....~,. ~.. ~ ~.....-~~ City of Clearwater, Florida'" ", , Application for Site Plan Review 'y .. I l r f . 'j I ' r I ;;' ~ ~.. ... "l':"'!._ --c_ -,', ~;;..~::: ~ '" L .,J o t II \ / Gold Accent Bands -Clock o Tower to be non.glare color In accord with Codes. AMERICAN INFOAGE - COMMUNICATIONS TOWER VIRGINIA LANE, CLEARWATER, FLORIDA . q 11 II f"~/H~ :1 -j&~~)~~ /<- pu:Jf4~/~=- S-~I/ ~~~~ t1l,t&J!1/J4t~-:= ,/~~ _~;I . 4J~ -d~. ~~,t~b11= ~QK)I??L..Io~ -hh ~~ -,RL~-4JMtik' t lfJ-. . &h ~.a.. &k ~~ - _~~.,lhf~_VL~ aC~ . 1l~~. 51 X J9" ~4] 8'X'/~ ~ II /)/11_~ a..iO /Ja;t.b.l~~-~ ~Ol~irA -~ [I ~V"~-~o-'-- ~r/~ Q '//~ /lbnpAfLl~~-(1fT1L()tJl) Ut ~ ~JL_~J~ _~~a ~ 'I - I ' lhat~i~/h~~~ ~jd1~~~~-/1tff~AMIf-~ I~~~~ , , " 1 ~ .~ ~j/ 11lfJ~ /1&- .- ...... Fierce, Lisa From Sent To' Garnott, Kevm Thursday, December 09, 19991257 PM Albee, RICk, Cyndl Hardm, Donald Melone, Dussault, Earl, Gary Jones, Gina Clayton, Jeff Kronschnabl, Jeffrey Daniels, John Asmar, John Schodtler, Lisa Fierce, Lou Hilton, Mark Parry, Mike Gust, Robert Hays, Robert Maran, Scott Kurleman, Timothy Kurtz, Udoh, Etlm \EW .J~_[QlJose(n 50-ftC-om m un Icabons-tower-=-S E-corner-of-Gulf To 8a y & VI rgm I a Ln ----' Subject. FYI - discussed at Wednesday's meeting ---anginal Message--- From Gust, Mike Sent Wednesday, December 08, 1999 438 PM To Fierce, Lisa Cc Parry, Mark, Garnotl, KeVIl'l, Hays, Robert, Stell'lke, Ken Subject FW Proposed 160 ft communications tower - SE corner of Gulf To Bay & Virginia Ln FYI - please convey Info to anyone Involved \. ----Ongll'lal Message--- From Bahnlck, Glen Sent Wednesday, December 08,1999253 PM To Gust, Mike Cc QUillen, Michael Subject RE Proposed 160 ft communications tower - SE corner of Gulf To Bay & Virginia Ln Mike accordmg to the Clearwater AIrpark Zoning map, the subject tower Will be located With the HOrizontal Zone Surface of Clearwater Airpark All objects m thiS zone have height restnctlons No object can project hIgher that 150 feet above the surface of the runway, which IS 71 feet above MSL In other words, the tower cannot be taller that elevatIOn 221 feet MSL Th e pro posed tower IS 160 feet ta II and accord I ng to ou r contour maps, the elevatIOn of th e proposed site IS approximately 65 feet MSL At Its present heIght, It appears the tower IS encroachmg mto thiS controlled airspace If the tower project IS to proceed, a certified elevation must be proVided to the City by a professIOnal land surveyor ThIS Will msure the tower IS m compliance WIth the hOrizontal zone suriace ---Ongll'lal Message--- From Gust, Mike Sent Tuesday, December 07,1999433 PM To Bahnlck, Glen Cc QUillen, Michael, Melone, Donald, O'Bnen, Kelty Subject Pfoposed 160 ft Communications tower - SE corner of Gulf To Bay & Virginia Ln Does thiS Violate any Clearwater ExecutIVe Airpark flight path clearance rules? 1 NOV '17'99(WED) 11'53 r-- - - -- ~...., POOl 501 East Kennedy Blvd SUite 1100 Tampa, FtoridCl 33602 (727)460.9911 (613)221-6850 Fax 5MAIL' kevln c becker@attw~ com AT & T Wir'"eless Services DA TE: TO: COMPANY: FAX NUMBER: FROM: November 17, 1999 ~~~~ 0 NIW 171& x PAGES: RE: Ralph Stone City of Clearwater 727-562~576 @) Kevin C Becker Collocation Manage ~ Southeast Region 727-46()"9911 2 AT&T Site TA-20 I BaYVlew Plnellas County School Board R.ecent Approval of a Second T elecommunicatrons Tower PLANNING & OEVEl..OPMENT SERVICES CITY OF CLEARWATER MESSAGE: ThIS letter to the School Board was conspicuously absent from yesterday's agenda as well as the fact that no one from AT&T was contacted for comment on the situation Please call to discuss at your earliest convenience NOV 17' 99 (WED) II S4 P 002 - ~ATs.T "'lI8JI" September 16, 1899 SERVICES CITY OF CLEARWATER Al& T Wlr~'e&s SerV1t:es SUllfl 110a 601 i: Kennedy Blvd Tampa, FL 33602 813 222-5557 FAX S,3 221-68150 Jim Miller Plnellas County School Board 11111 'Belcher Road Largo, Florfda 33733 RE. AT&T Site TA-20 I BaYVlew leased from Plnellss County School Board 550 Arcturas Avenue South, Clearwater, Florida Dear Mr, Miller Pursuant to aUf conversation yesterday, AT&T Wireless IS very much In favor of the possibilrty of collocating other telecommUOIcatlon carriers at the above referenced site_ AT&T Wireless has taken a pro-active stance when it comes to collocation among the telecommunication carriers As Collocation Manager for AT&T Wireless for the Southeast, my office has completed over 200 collocatIons onto AT&T sites In the State of Florida alone. However, the eXIsting tower at th,s location cannot accommodate the addItional loading brought upon by any such collocation nor can It be strengthened In any way to allow it to handle the addItional loading of an another telecommunication camer AT&T has been approached by several earners With requests to collocate on this tower, but due to the Inadequacy of the eXisting structure and the lack of dialogue between AT&T and the School Soard, we had to deny their applications to collocate. As our conversation surmised, both AT&T and the School Board are willing investigate working together With Interested parties to replace the eXIsting structure with a monopole that could accommodate several telecommunlcation carriers, thuB eliminating the need for any additional towers within the immediate community Should you have any questions please contact me .. Sincerely, ;Lc~~ KeVin C Becker Site AcqLusltlon and Collocation Manager 727-460-9911 USA OQ9 p'IIt"l:Un ~~T~JEFl ro ~& RllcyclQd Paper ) ARTICLE V1 BOARD ACTION AND EFFECT OF DECISION SectIOn I Board DeciSion A wnllen de-.elopment Drder shall be ISSUed wruch confirms the Board's decision The development order shall be effective upon sIgnature by the ChaIrperson of me Board Section 2 Time Lututs on Aporova1 An apphcatlon for a bwldmg peront must be requested Vrlthm Dne ) ear of the development order and all certJficates of occupancy shall be obtamed W10un Doe year of the Issuance of the Irulla1 bwldmg pentut, unless cWferent lime frames are establtshed tn the development Drder The Board may grant an extension of lime of up to one year provided that the extension request IS made pnor to expiratIon of the ong1ll31 approval (CDC SectIOn 4-401) An applicant shall have the responSibility of Identuymg a reahsuc schedule based on the compleX1ty of the project and may propose a phased schedule for the project Approval of a schedule other than that descnbed abo\e shall be at the wscretlon of the Board dependmg on the project Section 3 RcconslderatlOn or ReheannR A reconSideration or reheanng of a decision of the Board may be requested by the Planrung Staff, apphcant or Interested party and must be requested at the next regularly scheduled meet1l1g of the Board A reconSideration or reheanng shall only be granted upon a detenmnatIon by the Board that thelf deciSion ....as based on a nustake, fraud or nusrepresentatIon If the Board decides to rehear an apphcallOn, notice of the reheanng shall be pro"lded tn the same manner as reqUired for the angInal apphcallDn (CDC Section 4.206) SectIon 4 ~ An appeal Dr a deciSion of the Board may be take tD a Hean ng Officer as prescnbed 1I1 the Code (eDC Article 4, DI'YlSIOn S) ARnCLE vn AMENDMENT TO THE RULES OF PROCEDURE The Board ma)' amend these rules of procedure frDm time to tune as IS reqwred All amendments shall reqwre the affinnau"e "ate offour members of me Board. When the Board considers an amendment to the ConunuIUty De\<elopment Code, It shall also e\<1l1uale the need for any fCV1Slon to these rules of procedure OngInall)' adopted this 6mday of Apnl. 1999 Amendments s Llt. ~(-lus~ y - tVl{? . & _........4 ..."1 110....I..1.'-- ...-IIlU......... .... ~~ AT&. T says it's willing to share phone tower Times Staff W"ter CLEARWATER - When the CIty'S Commuruty Development Bomd voted to approve a 160-foot cellular phone tower on Tuesday, members didn't have the benefit of al\ the mformatJon they needed to make theIr deCIsIOn. says an AT&T spokeswoman In argUing to persuade the board to approve the tower, Amencan 10foAge and the company's Dun- edm attorney. John Hubbard. suggested It had to be bUilt becau,>e AT&T Vvould oot allow competJtors on another tower nearby at Clearwater High School ~ ,. ~----- _ AT&T actually was Wllhog to allow other compa- OIes to locate together 00 one tower, says AT&T I spokeswoman Noel Perkms, based m Orlando I The tower at the school mIght not have been long PRough or strong enough to hold everybody But AT&T wanted to work out an agreement to bUlld a new tower at the school that could have accommodat- ed everyone, Perkms satd The City board decided not to Walt for such an opuon to be explored, after Hubbard and American ' InfoAge preSident Mlller Cooper lOsisted a deal could never be worked out. v GERALD A FIGURSKI, ESQ 2975 EAGLE ESTATES CIRCLE WEST CLEARWATER, FLORIDA 33761 November 24, 1999 Ralph Stone Director ofPlanmng and Development 100 South Myrtle Avenue Clearwater, FL 33756 RE Infoage tower Dear Mr Stone I~"I Pursuant to Roberts' Rules of Order, Article VI, Section 3 of the Rules of Procedure of the Community Development Board, and the legal adVIce of ASSIstant City Attorney Leshe Dougall-SIdes, I hereby request that the Issue of whether to reconsider or rehear the deCIsion of the Commuruty Development Board of November 16, 1999, regardmg the Infoage tower be placed on the Board agenda for December 14, 1999 I further request that you or the clerk delIver a copy of tlus letter to each Board member at the earliest possible date If you have any questions, please do not hesitate to contact me GAF-mck - , - ~ t I 1 , " , , ~ L I (.... ~ t _\ f '" ~ . I 14'" ~ ~ i - F \ ~ ~ "" -...? 1'.... cc Leslie Dougall-Sides, Esquire ", lU/l.J1fUZOIZq ~~l~\!U 01 rift. ~... ~~~ ~"'''''''-~'''''''~>> ~r;:;:l~ I ....[,,$=~ r../2>-;;;~,\ 1/ ":. ~'" ::1'~"..... "III. t::l ~(S?J. _ - .~~ ..G~ ::::::= !l::iil;' "\r.:..9~ - ~~, ~YA"!l"~ .1 ~~~ "'';~~''""u>",,'V.~~~'t ..,.......~~r~~~ogftt Q.boadU CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION / POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUN"ICIPAl SFRVlCFS BUILDING, 100 SOUlH MYRTLE AVENUE, CI.F..ARWATER, FLORIDA 33756 Tm.PHONE (727) 562-4567 FAX (727) 562-4576 November 19, 1999 Mr Joe FItch 510 VIrginIa Lane Clearwater, FlOrida 33764 Dear Mr Fitch, As we discussed, enclosed IS a letter from AT&T dated September 16, 1999 to the School Board, which mdlcates a wlilmgness to colocate on a new tower at Clearwater High The procedure for reconsIderatIOn IS that an mterested party, such as yourself or other neighbors, I;l1ust request the reconsideratIOn at the next scheduled meetmg of the Commumty Development Board, WhICh IS December 14, 1999 at 2 PM If the Board concludes that their has been a misrepresentatIon, mistake, or fraud regardmg theIr decIsIOn, then a new heanng wtll be schedule after notificatIOn at the next available meetmg ThIS would be the January 2000 meetmg If you have any questIOns regardmg thiS process, please do not hesitate to call me at 562- 4583 SIncerely, Raa~m~6- Cc Cyndl HardIn, Assistant Plannmg Director O,E Ow O"lE FuTURF (C(OrPY BRI"" J AU1'.GSI, MA\OR CO\IMISSIQ"IER ED HOOPER, VICE MAYOR CO\j\t1SSIONER ED HART, CO\jMISSIOr>.FR <!) BOB ClARK, CO\I\mSIONCR J B JOHNSON, CO\I\lISSIOJ\ER "EQUAL EMPLOYMEl\IT Ai\D MFlR.\L';'TIVf ACTIOi'. EMPLOYr.R" ~O\ - 1 7 q g (,~E D I, II 5 J I \IV I AT & T Wireless _ Services _ _ ___ _- 501 East Kennedy Blvd SUite 1100 Tampa. Floods 33602 (727) 460-9911 (813)221-&50 Fax 5MAlL Kevll'l c beCker@attws com F X DA TE: TO: COMPANY: FAX NUMBER: FROM: PAGES: RE: November 17, 1999 \E~~\E 0,1 IIW 11. PLANNING & DEVELOPMENT SERVICES Cln' OF CLEARWATER Ralph Stone CIty of Clearwater 727~562~576 @ Kevin C Becker Collocation Manage 'f.. Southeast Region 727-460-9911 2 AT&T Site TA.20 I BaYVl8w Pinellas County School Board Recent Approval of a Second TelecommunicatIOns Tower MESSAGE: This letter to the School Board was conspicuously absent from yesterday's agenda as well as the fact that no one from AT&T was contacted for comment on the situation Please call to diSCUSS at your eartlest convenience II, -J YYIMUI 11 ~i tIW I 7 III POOl ~ ~ ~~ -~ = ,,-- -, -- ::::='1 '::::=1' - ~~c.:=::," ~ b September 16, 1 Q99 SERVICES CITY OF CLEARWATER AT& T Wifeless SBrvlCIlS Suite 1100 SOl E K8flfliCly Slvd Tampa ~L 33602 813 222-5557 FAX 813 221-6850 Jim Miller Plnellas County School Board 11111 Belcher Road Largo, Flonda 33733 RE AT&T Site TA-20 I BaYVIBw leased from Pinel/as County School Board 550 Arcturas Avenue South, Clearwater, Flonda Dear Mr. Miller. Pursuant to Our conversabon yesterday, A T& T 'Nirsless IS very much In favor of the posslbilrty of collocating other telecommunicatIon earners at the above referenced site AT&T Wireless has taken a pro-actIve stance when It comes to collocation among the telecommunicatIon earners As Collocation Manager for AT&T Wireless for the Southeast. my office has completed over 200 collocatIons onto AT&T sites In the State of Fkmda alone However, the existing tower at thIS location cannot accommodate the additional loading brought upon by any such eollocatlon nor can it be strengthened In any way to allow It to handle the additional loading of an another telecommunIcation carner AT&T has been approached by several earners With requests to collocate on, thIS tower, but due to the Inadequacy of the e)(lstlng structure and the lack of dIalogue between AT&T and the School8oard, we had to deny their applications to collocate. As our conversatIon sunt1lsed, both AT&T and the School Board are willing Investigate working together WIth interested partIes to replace the eXisting structure with a monopole that could accommodate several telecommun/catlon earners, thus eliminating the need for any additional towers within the Immediate community Should you have any questions please contact me . Sincerely, ;Lc r;] d Kevin C Becke~ SIte Acquisition and CollocatIon Manager 727-460-9911 USA OQ9 l'I'lf"t1.,JOI"ilAfp..E,:l ro ~e Recycled P~per .ft; '. _ _ P 01 ~~~~ NDV-16-19GG 09 49 APMI"llSt1l.AT10N BmLDlNG :lQl FOUT! h S\T~~~ S W PO 'ik>>i: 29'12 Lar~. tl 'n779-29+2 (727) 586-lSlil fAX \727) 588-6202 S~haol Bond or P,lU IlJl5 COUDIY, Floudil Cha,TTlllLn L<~ Bt'tj;l.mm V,c<: CNllrmnn ),fax R Gcs.ncr Ph D Nancy N 110>1 ocll ) an~ Gall UCCl Susan la!~,,1o l1n da S Lerner Tl1om~~C T~d 3Upe '1TI tend en. ) H<lWMd Hinesley, E.:. D P'MU~1 Co~my School! II an ~quQI opporcum(y lnswultonfor ,dur~( Ion and ~mpl"ym~n( ~ - PlNELLAS COUNTY SCHOOLS g<l<,1~~n<l~~ ~h,JlIlfJ allwrnd. CWlnrlLl RECEIVED November 10, 1999 NOV 1 5 1599 Mr. Michael J, Roberto City Manager City of CleaI'\Vater 112 South Osceola Avenue CleaJWater, FL 33756 CITY MANAGER'S OFFICE Dear Mr Roberto I've receIved your letter of November 2, 1999 and request for confirmatlon referencing a meebng with both your representative and Amencan Infoage. Our position iSI by contract, we share a. mutual usage on the tower wIth AT&T on our Arcturas property WhlCh is adjacent to Clearwater Hlgh School. ThIS contract dictates any co.locabng, removal aT addmg of any equipment has to be consensual by both AT&T and the School Board. Secondly, we have Just bid a brand-new commUnIcations system that will Jrnpact the space on the existmg tower Therefore, we are only agreeable to a meetmg if AT&T representatives are also present and Involved in the discussion and final outcome of the use, removal or co-locating on thiS tower. SinCC",I~ krd Hmesley, Ed.D. Supermtendent of Schools { 09l\j.,y.- ~'\. .j\. Ct' ~'" PrL nl cd o~ R~,yd cd Pa pC! TOTRL P 01 NDU-09-1999 16 46 P 02 ~ ~ Frazer Hubbard }1~randt ~Trask Best Copy Available JOHN P- FRA2ER JOHN G. RUBBA.1tD N.r\JUt W JsRANDT . THOMASJ ~K . JlIlEDEllClt B. RUSHING November 9, 1999 Pamela ~n, E8q. Ci~y Attomey Ci.ty of Clearwater 111 South OGceola Avenue Clearwater, PL 33758-4748 Auomc:ys At LaW SBRT BY E'ACSnaLS t727)562-4021 PLANNING & DEVElOPMENT SERVICES C\TY OF CLEARWATER " L_ Re: American %nfCJAge Applica't.ion for a i:.18c~'DidatioD. t:ave~~ city of Clearwater Cw-na.ity DeveloplUint Board Dear M8. Akin: t repx-e.ont AmerJ,can InfoAtJ. vhioh 1.. a co-lOCAtion teleCQDIIIUnication. tower company tha1:. i. intexestecl in bulldiDCJ · telecommunications toWer at 505 ~irgiDia Lane in the city of Cleuwat.ar and bas filed a level 2. application before the city of C:leuwater c01l\lllUnity Development soard. I believe that the application wa. filed. in June of thi. y.ar ami my client baa appeareci before the soaJ:d on .everal occasions. At the DI08t recent meeting where I wed. present representing Amerielldl InfoAg'e, the Board in r..ponee "to .. la8t miD\lte reqneot from the. city HaIlager postponed a final docision on the applica:tioll to the .eti119 of 'Ncwembeir 16t.h. The i.suB t.hat. seems to qive the Soard. tbe JOOst difficulty La tho issue of joint us. of an exiat.ift9 tower .s aD alternative tc) new towu conetruction. -rho .~andards for review of the appli.Qtion AZ'e found 3-D s.,tion 3- 2001 of Division 20 of the c~D1ty. o.velopmBPt Code. In each in.tanee t.hrouqhou't the atandaE'de, the requiremeut is t.bat t.hera _lIiIt be an -.xiatlnq- telocoamum!eatiou tower if it i. t.o be considexed aa an al'ternative to new tower cOllatruction. 'rhe exis'titl9' t.owel!: mu.t. -be a the proper geographiC area for cc:nrez;l!lqc r8quiremellt8, it muBt be of sufficient beight aml it alSt be of sufficient structural "trenqth to suppo~t tbe applicant'G proposed ant.nna and. eqniplll8nt. My cUent proposes t:.a loeata not 1e8& tbllD three users on its tower (GrI, ,rimaCo and sextel) and will have apace for a fOl1rth user. The \UU'ebutted test.imony befo%'e the soard is that t.hera is 8 gap in telecOJllllUnicationa coverage i.Il thi. portion of the C1.ty. I:ty client believe. that it meet,. the expre.. purpoee of your stall,lArd.s .... set forth in paragraph (A) of section 3-2001 t.o fu%nieh these services wit.llin the' city "quicklY" effectively and efficien~lyA. Po~ Office 901: 1178 ,59S Mm S#tJeC Dwledln. flondl ~ 'D:1cphanc n7-7!~" fss 727."15+9581 ")l1x m-73~ml .,r11 ~I -- NOV-09-1999 16 47 " P03 p~la Akin, Bsq. SOV....X' 9, 1999 Page 2.. Best Copy Available Tb. priJaaJ:y i..u.e tbat the soe.rd ..- 'to be .truggliAg with i. "'- tower loca1:ed on School Board. property at Clearwater High SChool. The WU'ebu'tted t.est.i.mofty beffte the Board i. that thi- to_r is not 8truct~al1y capable of accept;ing addi:t.ional teleceJPm1.nioa.tion. equJ.~nt and that Dsitbe. tbe School ao.ud or AT6" has any imltsdiate pIau to modify ox ~eplace t.Me tower .. 'rbeE'e are engiDeeriDg report.. f::0Jll Pate In.gine..rug, IDe. in tbe fUe that. can \lDql1Alifi.edly lJt:at:e t.hat. the tows%' structure i. "bighly Q..~etre..ed.. various di.cuesioQ. ~th School Bo~ .~aff have yielded different po.iUOAl!I and predictiollS about 'the availability and future of the SChOOl soard tower" TaJt1ng' all this iDto aocoUQ.t, it would be va%)" JllQc:b apprec:iat-' if you or LellSl1.e Dougall-Sielea .a staff to t.he CoIIIIIUllity Development Board could is.u.e 1IUI opia.ioD t:o me ud to th$ Boar:d tba't ita cOI18i4e::ratioD of joint u.e muet. be lim1:ted to -exi.-tinq" -telee~1nl.ca~iOD. 'tower." and ~t: vague sta.-temeDta from School BdU'4 staff 'that possible r.plac~nt. of the Cloarwatg Biqh School tower at .~ un.kn.o'W tiwt 1D the future i8 not &uffiei8nt to deny tbil application and. t.hat tbe tONeX' 'IDIlat. be · exiatiDq. and capable of aecepti1lg my oli.at I II teleC'~nicatioftll equipment .. of th. tiaae of con.ideration of the application. I am feaxfu.l 't.hat WLlesD claar dir.atioD i. qi..Dc the Board 011 this a.pect. of ~he or~ift~nce that it ~ wlab to further continua or might. deny the applig..tion baaed. on ita hope that .o.e fac.i.~ity will ~en'tually become available on tbe SchOo1 ~d proputy- Ultimately t.his type of clear qu1clanc:e would be of gre&1: 4ssiatanc:e to th.e Board ud to t.he opplicaat. Thank yoa for your ...ist4DCe in this matter. I believe that all the served by your a..~8taDee &1: tbi. time.. Vexy cc: Esq.. NN\NG & DEVELOPMENi pLA SERVICES G\"11' Or CLE~~~~_~ .--- --- frazer, HubbaN, Ikandt d1 Truk TOTRL P.03 NDU-16-1999 08.28 P.01 .' (tC: !MfA ~ '" November 11, 1999 . American InfoAge, LLC +, . . . 2727 U1menon Road, SuIte 230, Clearwater~ FL 33762 (727)556-0220 1-800-278--4399 Fax (727)556--0417 ~ emw:na__6Om~~::~t ~\ r: :"t~ ,\ j \'. \:? ) ~ \2(,~ \,- , ' r\" ' ') ~ ~ ~~i " f;.\..o~\1> , of;.'>J " -~.,'i'~G 'C> f\'>J\c€.s..oJp..~~f\ i- -' ~" s€ c~"~ ~of C\\ 1 Re: American InfoAge - Communication Tower Michael J. Roberto Cny~e~CrrfofCre~t~ City Hall 112 South O~hl Avo. Clearwater. PI. 33" 56 Dear Michael: I am writing to provide infurmation on our efforts to proVIde tower f3cilities to GTE, Nextel, PrimcCo a,1tll polentia1lytwo other tenants. All three of these earners need to oo-locate on OUl' tower to me C' t their obhgation as required by their FCC colltO'\itment and. to their CllstOmers in the Btt'a. These carri~rs have been actively attempting to locate their ficilities in the area of our tower fur as long aj three years without resuh. American 10 to Age has provided evidence that the existing tower at the Clearwater High School is structuraIJ y incapable of carrying any additional loading. See letters dated Ian.. 3, 1996 and Jan. 31, 1996 tl:,1 Pate Engineering, Inc. Leroy Pate. a recognized expert in structural design of steel towers. .I:m1 e a detailed study of the tower located at the high school near our site and detennined that the tower cannot carty additional loading ~ further, that it is not feasible fmancially to modifr the toWel'. American InfoAge has provided design and data to the City ofCIearwatcr that it meets all the requirements of the ordinances governing tower development in the City. We have twICe received a recomml~o.dation for approval by the Planning StatIofthe Ctty. Regarding tbe potential for rebuilding the existing tower on the high school I am proVldmg the folio" ing informatioIL The cost ofrelocating the equipment belonging to AT&T ftom the eXisting tower to a new tower will be in the range ofSJOO,OOO. The cost to relocate the School Board's equjptnent will also be substantial. AT&T cwrently has a thirty year lease (expiring in May of 2017) on the existing tower for which It paid a substantial amown of money in advance and proV.lded other incentlves to the School Board. AT&T bas every right to expect to receive the benefits -jor winch it bas paid, This lease provides no terms or conditions which would allow the School Board, City or anyone else to require AT&T to move from this tower Attached .is a copy 4) f 11m lease fur your review NDV-16-1999 08 29 P 02 '. . [t should bt~ OhVlOUS from the above that there IS no probabihty that the tower at the high school is going to Je rebuilt unless some entity other that AT&T provides over $400,000 in cash for relocation costs, provtdes free rent to AT &1 fur at least the next seventeen and one~ha1f yean~ provides an 6dditional $180,000 to $220,000 to build a new tower and remove the existmg ooe; and provides ;t.dditional space on the ground for the relocation. Even Ifth,~ above cost~ which would exceed $600,000, were advanced by the City of ClearWater and/or the School Board the resulting new tower would only accommodate the School Board facUrties, AT&T, and one or possibly two carriers. \Vho is to decide which carriers are to be excluded? Any such exclusIOn of one or two earners is certain to require additional tower(s) OT to insure successful lawsuit(s) against the City and County, and probably ooth. Additionally, two :or three camers would be left wrthout coverage for their customers. This result runs entirely contI ury to the expressed goals of Section 3-2001 of the Clearwater Land Developmeot Ret;.1latlOns, Lastly, I sbould point out that tbe ordinance of the City ofClearwa.ter does not allow the City to deny or filtther delay American InfoAge's application based on a requrrement to locate tenants on a tOWe-I to be built. The ordinance addresses onlv ex.istin2 towers. This situation IS further exacerbatl~:l by the fact that there I.S little probability that a new tower to replace the existing tower will ever be built for the Teasons given above. To continue to delay Dr deny the three Carriers (0'1 E. Nextel. and Sprint) from providmg service to th1s area is placing them at a competitive disadvantage to carriers cWTently able to provide this service It is unfarr financially, and is dlSCrimmat.Jty to these earners and their customers, ThJ.S unfair and discrinunatory practice has beet! going on since 1996 - this 15 certainly unreasonable. I hope tru: above information IS ofasslStanCe to you U1 understanding the frustrations of those carriers wb(1 are required by their charter from FCC and the needs oftheiJ customers to provide competlu lie service in this area Should yo .1 have any questions or desire additional inforxnation please givc me a call ));;>' hV /~~=--------- TDTRL P. 02 C...Y OF CLEARWATER PLANNING AND DEVELOPMENT MUNINCIPAL SERVICES BUILDING 100 S MYRTLE AVE P O. BOX 4748 CLEARWATER,FL 33758-4748 PHONE(727)562-4567 FAX(727)562-4576 FACSIMILE TRANSMITTAL SHEET J~', ~ ~Ct_ \\. ~. TO: JrJ;n fIv b!JJ1tL FROM: f1tnti !It;~1 DATE: If. /q11 COMPANY: FAX NUMBER: J 3'-/- 9~g-/ PHONE NUMBER: NOTES/COMMENTS: TOTAL NO, OF PAGES INCLUDING COVER: l~3 - 0'1 ql../ ;3 I!~ eu1L 1ot1;f;t%@- 7J;m;1c- F. o Per your request 0 For revIew 0 Please comment 0 Please Recycle 0 Urgent ONE CITY ONE FUTURE ; ~Clearwater c Interoffice Correspondence Sheet FROM: CHAIRMAN AND MEMBERS OF THE COMMUNITY DEVELOPMENT BOARD CYNDI HARDIN, ASSIST ANT PLANNING DIRECTOR ()~ AMERICAN INFOAGE STATUS TO: RE: DATE: NOVEMBER 5, 1999 I am wntmg to update you on the status of the Amencan Infoage appilcatlon As you are aware, this matter was continued to the November 16, 1999 meetmg to allow the City an opporturuty to dISCUSS the Issue with the School Board On Fnday, October 29, 1999, City Manager Mike Roberto and I met With Supenntendent of Schools Howard Hmesley and Chief of Campus Police Joseph Feraca We discussed the City's concerns about a new cell tower m close proximity to the School Board's tower on the Site of Clearwater HIgh School I attach Mr Roberto's letter to Dr Hmesley regardmg the results of the meeting As yet, we have not receIved a response from the School Board but I Will proVIde that as soon as we receive It Please do not heSitate to contact me should you have any questions Thank you .J C I T Y 0 F CLEARW_A.TER POST OFFICE Box 4748, CIF.\RWATER, FLORlDA 33758-4748 CtT!' J-1-\LL, 112 SOUTH OSCEQL\ AVl:.'\IUE, Ct.EAR\\ATER FLORIDA 33756 TElEPHONE (727) 562.4040 Fu (727) 562-4052 CIT!' MANAGER November 2, 1999 ] Howard Hrnesley, Ed D Supenntendent of Pmellas County Schools Post Office Box 2942 Largo, Flonda 33779-2942 Dear Dr. Hmesley Thank you for meetmg wIth me last Fnday to dIscuss our mutual concerns regardmg cellular transffilSSlons As we dtscussed, the eXlstmg cellular tower on the Clearwater High School property serves the School Board and AT & T Amencan Infoage has subffiltted an apphcation to the City of Clearwater to bmld a new tower to be located at 505 Virguua Lane, south of Gulf to Bay Boulevard and JUst east of Keene Road Due to the proXlITllty of the eXlstmg tower on the school site and the proposed new site, It seems prudent to evaluate whether the eXlstmg SIte at the lugh school can accommodate the potentIal new cellular users We agreed m our meetmg that the School Board and the CIty would work together WIth Amencan Infoage to attempt to develop a solution to tIDS Issue through co-location of several cellular users on the school site I would appreClate recelvmg a confirmauon from you regardmg tIDS so that the CIty of Clearwater can beg:m a diSCUSSIOn With Amencan Infoage Thank you ag.un for your willmgness to work WIth the City of Clearwater :m developmg a solution acceptable to all mvolved MIchael] Roberto Gty Manager O"E CIn' ONE FUTURE BRlA' j -\lJ~(,ST il1AYOR COMMI'i'iIOt\ER ED HOOPER VICE "',^YOR-COMMlS'iIO'ER ED HART CD~IMI'i'IDNER €) BoB CL\R;. COMMI$510r.ER J B ]OI1N50t\, jR , COMMtS~IONER '[01 '.1 E\If'L(h~' C\ T \.\ [l .l"Frtl..\1 \Tly~ \CTlO... [\tPI m f R ' ~AI'ISl>lISSIm~ VERIFICATION REPORT r- 1- TIME 11/09/1999 12'28 NAME PLAN FA^ 7275524575 TEL 7275524557 L DATE, TIME FAX t-lO ;NAME DURATION PAGE{S) RESULT MODE 11/139 12' 2(, '3734958i Ell}, 01. 19 1213 OK STANDARD ECM NDU-05-1999 10 46 P.02/02 , , - l_ CITY OF CLEARWATER l \..: ~, ~ ~\: ;..~;~ 1- l~ "'",,1: ... - ~.: , , .' POST OFfICE Box 4748. CU!ARWATER, FI.ORID.4 33758.4748 errv rw.l, 112 SOu1"H OSCEOLA AVENt.. E, CLEARWATER, FLORIDA 13756 TELEPHONE (127) 562-4040 FAX (127) 5624052 "'. r t ... .. '~..."t ~ CI1'VMWAGER November 2, 1999 J Howard Hmesley, Ecl.D. Supenntendent of Pmellas County Schools Post Office B01l: 2942 Largo, Florida 33779-2942 Dear Dr. Hinesley: Thank you for meetmg with me last Friday to <USCUSS our muwal concems regarding cellular transmissions. As we dtscussed., the existing cellular toWer on the Clearwater High School propeny serves the School Board and AT &: T. American lnfoage has submitted an application to the City of Oearwater to butld a new tower to be located at 505 V 1rgUUa Lane, south of Gulf to Bay Boulevard and just east of Keene Road. Due to the proximtty of the existlng tower on the school site and the proposed new site, it seems prudent to evaluate whether the exisung site at the high school can accommodate the potential new- cellular users. We agreed m our meetIng that the School Board and the City '(Vould work together WIth American Infoage to attempt to develop a solution to this Issue through clrlocarion of several cellular users on the school Site. I would appreciate reCeJ.ving a confin:nanon from you regarding t!us so that tbe CIty of Clearwatfr can begin a discussion with American Infoage Thank you agam for your willingness to work with the City of Clearwater in developtng a solution acceptable to all UlVOlved.. Michael J. Roberto City Manager PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER ONE CITY ONE FUTURE HRIA"). AUN,~~T, M....rOIl-CO''>IM1SS'ONEIl ED HOOPER, VtCF. ~'rOK-CCMt.lISSItJt'lEK Eo 1-fAAT. COMtolISSIO~EIl o Bol:l CWK, CcMMI5S10f'jeK J B [OHNSON,jR, COMML~SI(Jl'IEK TOTClL p 02 " September 10, 1999 Memo Fr Ralph Stone, Planmng Dlrecto To Commumty Development Board Members Re Clearwater High School Cell Tower DIscussion with the School Board At the dIrection of the Commumty Development Board, subsequent to the deferral on the request of Amencan InfoAge for a cell tower at 505 Vlrgmla Lane, the Plannmg staff contacted the Pmellas County School Board to diSCUSS the status of the cell tower located at Clearwater HIgh School The Planmng Director met with Mr Jim Miller, DIrector of Real Estate for the School Board at their office on September 1, J 999 Mr Miller mdlcated that the School Board was aware of the applIcatIOn near the high school and understood the alternative to co-locate additional vendors on the school board site rather than add an additIOnal tower nearby He contacted the school board attorney, who referred hIm to Mr John Feraca, ChIef of the Pmellas County Campus Police Department, who had been actively mvolved wIth the cell tower Issue at Clearwater High and had been mvolved m dlScussIons.wlth AT&T, who IS the vendor at the high school At the same tIme, Mr Miller Cooper representmg Amencan InfoAge had also contacted Mr Feraca regardmg the status of the Clearwater High tower Mr Feraca proVided a letter to Mr Cooper, dated August 18, 1999 which mdlcated that the School Board had assumed ownership of all towers and monopoles on School Board property and that the School Board had no plans for any modIficatIOns on any of the School Board towers or monopoles Durmg the week of September 6, 1999 the Plannmg staff followed up with a call to Mr Jim Miller at the School Board to confirm the informatIOn m the letter from Mr Feraca Mr Miller mdlcated that he would contact Mr Feraca and confirm the mformation contamed III hiS correspondence The staff mdlcated to Mr Miller that we needed some mdlcatlOn of whether any Improvement to the Clearwater High School tow ere would be made m the near term, one year, so that the Comrnumty Development Board could make a decIsIon regardmg the VIrgmla Lane applIcation The staff mdlcated that If any Improvements were longer than one year out, the Improvements would not be timely enough to change the staff recommendation to approve the application The staff also requested that Mr Mtller or the most appropnate member of the School Board staff be present at the Commumty Development Board meetmg to dISCUSS the School Board's position on the Clearwater High tower Mr Mtller mdIcated that he would attempt to proVide representatIon at the meetmg As of thiS date the staff has received no other correspondence from the School Board However, based on the 1OformatlOn conta1Oed 10 Mr Feraca's letter It appears that the Clearwater High School tower IS not an option at this time RecommendatIOn Based on thIS mformatlOn, the staff recommendatIOn regard10g the apphcatlon cont1Oues to be for approval of the apphcatlOn subject to the condItions outlined 10 the statfreport Cc Jim MIller, Real Estate Director, Plnellas County School Board WALTER POWNAll SERVICE CENTER 1I1ll S. Belcher Road largo FL 33773 (727) 541-3526 School Board of Pmella5 County, FlOrida ChaIrman Lee Benpmm Vice ChaIrman Max R Gessner, Ph 0 Nallcy N Bostock Jane Gall tiCCI Susanlatvala Lmda 5 lerner Thomas C Todd Supenmendent J HOward Hmesley, Ed 0 . - -' PINELLAS COUNTY SCHOOLS August 18, 1999 gooe't1W't~ dU'tfU2f} d/waui CWlllfU't Mr. Mlller M Cooper Amencan InfoAge, LLC 2727 Ulmerton Road, SUIte 230 Clearwater, FL 33762 Dear Mr Cooper' The School Board of PInellas County has assumed ownershIp of all towers and monopoles on our property from AT&T Currently we have no plans for any mod1fica1:1ons on any of our towers or monopoles In the past, AT&T expressed an Interest on the Arcturas tower SIte of remOVIng the ":>tructure but apparently lost Interest as they have not pursued and countered our offer, AT&T had proposed a shorter monopole from the current 150 foot tower, whIch would have affected the Board communIcatIon if we chose to use It, PmdJas eo..nty Schools IS an eq\U11 opportumty Institution for education a nd employment J 0 eph ~;aca, Chle; PInellas County Schools Campus Pollee Department ce. John Bowen, School Board Attorney Pnnt~d on Recyckd Paper CDB MeetlOg Date Julv 20 1999 Agenda Item II B CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT BACKGROUND INFORMATION: APPLTCANT Wllham and Hope Gcorgtlas REPRESENTATIVE Amencan Infoagc, LLC LOCATION 505 VlrglIlla Lane REQUEST Flexible development approval to construct a 160 foot tall telecommurncatlon tower and three concrete pads on which to place the eqUipment PLANS REVIEWED SHe plan prepared by NatlOnal Data & Commumcal1ons dated 6/18/99 SITE INFORMATION: PROPERTY SIZE 13,900 square feet PROPERTY USE Current Use Proposed Use Office Office and cornmurucat.Jon tower PLAN CATEGORY CommercIal General ZONING DISTRICT Commercial Dlstnct ADJACENT LAND USES Adjacent land uses are commercml STAFF ANALYSIS Amencan I nfoage proVides towers to the corrunlllllcatlon mdustry for the collocatIOn of antennas Amencan Infoage IS requesung fleXIble development approval to construct a 160 foot tall tower capable of SUppOrtlllg at least three antennas The cXlstmg office bwldlOg wtll remaIn on the site and contmue to be used as an office The tower Will go to the east of the buddmg Therc are no standards (setbacks, lot Width, etc) III thc Commercial Dlstnct for commurucatlOn towers There are, however, three cntena for telecommumcatlon towers m thc Commercial DIstnct Page 1 CRITERIA FOR TELECOMMUNICATION TOWERS (Section 2-704 L): 1, No telecommunication tower IS located on Clearwater Beach, The telecommunIcation tower IS located one hundred feet south of Gulf-to-Bay Boulevard and Will not be located on Cleanvater Beach 2. If the telecommumcatIon tower is located withm a scemc corridor designated by the City of Clearwater or a scemc noncommerCial corridor designated by the Pmellas Plannmg CouncIl, the applIcant must demonstrate comphance with the design cntena In those designatIOns. The telecommUlllcauon tower IS not located within a SCCnlC corndor designated by the City or Cleanvatcr J. The design and construction of the telecommuDlcatIon tower comphes with the standards m Article J DiviSIOn 20: 1. Jomt use of existing towers reqUIred as an alternative to new tower construction, Joint use of existing telecommunications towers or other existmg buildings or structures IS reqUIred as an alternative to new tower constructIOn whenever feasible. Therefore, anyone consldermg new tower construction, must first explore other options. Prior to the issuance of any budding penmt for a new tower, a determmation must he made that no eXisting tower or other structure IS available as a reasonable alternative. An applIcant rcquesting a perunt for a new tower shall submit evidence to the City that supports a conclusion that no reasonable use can be made of any existing tower or structure. The eVidence shall clearly establish one or more of the followmg conditions: a. No eXlstmg tower or structure is located withm the geographic area required to meet the applicant's coverage reqUIrements, b. EXlstmg towers or structures are not of suffiCient height to meet the apphcant's englOeenng requirements. c. EXisting towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related eqUIpment, d. The applicant's proposed antenna would cause electromagnetic interference with or would be interfered with by other antennas If placed on any existmg tower or !>tructure. e. The fees, costs or contractual prOVISions required by the owner m order to share an existing tower or structure for a time pcnod of twenty-five (25) years, exceed the cost of developmg a new tower. f. It is not financially feaSible to modify or replace an existing tower to accommodate the proposed antenna, g, The applicant demonstrates that there are other legitimate limiting factors that render eXlstmg towers and structures unsuitable, Page 2 The applicant has stated that the proposcd tower must be located III tlus geographic area In order to cover a specific range of broadcastmg The only other tower III this area IS located on the Clearwater High School property and IS owned by the Plllellas County School Board and leased to AT&T ThIs tower IS In poor condIUon and neither the School Board nor AT&T has plans to Improve It The applicant hds stated that the eXlstmg tower cannot structurally hold any more weight and therefore cannot accept any more antennas The apphcant, however, has not submJtted eVldence from either the School Board or frDm AT&T to support these conclusIOns Staff recommends that a condltlOll of approval be that pnor to the Issuance of a development order, the applicant must submit evidence supportmg the poor condIUon of the eXlstmg tower located on the Clearwater l-bgh School property 2. Jomt use of new towers reqUired. Joint use of any new telecommunicatIons tower IS required whenever feasible. In ordcr to promote jomt use of new towers, pnor to the Issuance of a buildmg permit for a new tower, the apphcant shall demonstrate a commitment to joint use as follows: a. SolicitatIOn of additional users. The apphcant requestmg the permit shall submit evidence to the City demonstratmg that a genuine effort has been made to soliCit additional users for the proposed new tower. Evidence of this effort shall mclude, at mlDlmum, copies of notices sent by registered mail, return receipt requested, to all other proViders of cellular and personal communication services m Pmellas County, Flonda, adVISIng of the intent to construct a new tower, identIfymg the location, mviting the jomt use and sharmg costs, and requestmg a written response wlthm fifteen (15) days. The apphcant has subnutted proof that he has cDmplied WIth these requirements The letter, the list of users that the letter was sent to and the COpieS of notices sent by registered mml are attached to the applicatIon b. Agreement to allow future JOIDt use. The apphcant shall Sign an mstrument, which shall be maintained by the City, agreeing to encourage and promote the jomt use of telecommunications towers withm the City and, to that extent, committing that there shall be no unreasonable act or omission that would have the effect of excluding, obstructing or delaying the joint use of any tower where faIr and just compensation is offered for such use. The applicant has signed an agreement and subnutted Jt With the applicatIon agreemg to encourage JDlDt use of the tower The applicant, Arnencan Infoage, IS exclUSIVely 10 the bUSiness of supplymg towers for collocatIOn 3. Design Standards, a. Height. Single user towers are allowed a maXImum height of one hundred and twenty (120) feet Towers designed for jOlDt use may be greater m height prOVided the additIOnal height IS constructed coincident with the actual use Furthermore, eXlstmg conformmg towers may be increased 10 height to accommodate additIOnal users with a Level One Approval. Towers deSigned for two users are allowed a maximum height of one hundred and forty (140) feet. Towers deSigned for three (3) or more users are allowed a maximum height of one hundred and sixty (160) feet. Page 3 As prevIOusly mentIoned, the applicant IS m the busmess of collocatIOn and profits from maXImlzmg the use of the tower The applicant has stated that the tower will have more than three users and, therefore, has proposed a tower of one hundred and m.ty (160) feet tall The applicant has also stated that contracts with users are not yet finallzcd but should be final pnor to the BDard meetIng Staff reCDmmends that the approval be for a one~hundred foot tower (one user) until the Amenean Infoage submIts contracts WIth three users b. Setbacks. I. From residential uses Towers shall be set back from existing residential uses a distance equal to the height of the tower. The distance shall be measured from the base of the tower to the reSidential property hne. The property IS surrounded by commerCial uses The applicant has mrncated on the site plan, and the staff has venfied, that the nearest reSidential use IS located one hundred and Sixty (160) feet from the proposed tower locatIOn it From histone dlstncts and hsted structures, Towers shall be set back a minimum of five hundred (500) feet from any National Register Historic Distnct and from any IndIVIdual structure listed in the National Register of Historic Places. No NatIonal Register Histonc Dlstnct or mrnvldual structure 11sted m the NatIonal Register of Hi sto nc Places IS located wlthm 500 feet from the proposed tower Ill, From property hnes. Towers shall be set back from property lines in accordance with the reqUirements set forth In the zoning distnct regulatIOns. There are no setbaek requlfemcnts set forth In the zomng dlstnct for telecommUlllcatlOn towers The proposed tower and concrete pads on wluch to locate the communtcatlOns eqwpment are setback from the property lines based on the buffer requIrements which dre ten feet from the Side and fronl property lInes c, Color and finish, Except for painting or marking required by the FAA, towers and supporting structures shall be a neutral, non-glare color or finish, so as to reduce visual obtrusiveness. The tower appears III the subnutted photographs to be firushed m a reflecllve, metalhc color However, the applicant has stated that the tower IS of a nonreflecuve neutral color Staff recommends that as a conditIOn Df approval, the applicant subnut a color sample pnor to the Issuance of a bUlldmg penmt d, Fencmg, Towers shall be enclosed by a SIX (6) foot high securit)-', masonry or wood fence, A Six-foot high cham hnk secunty fence IS shown on the submitted site plan e. LandscapmglScrcemng, The penmeter of the tower site shall be buffered with shrubs selected and placed to screen the base of the tower and, to the extent IlOssiblel with trees selected and placed to mmlmlze the vertical scale of the tower. A mmimum of ten (10) feet of landscape buffer shaH be provided around the outSide of the reqUIred fencing The landscaping design requires approval of a landscaping plan by the Page 4 CommuDlty Development Coordinator as a Level One Approval 10 accordance with the provisions of Article 4 Division 3 of this Development Code. The applIcant has not shown 10 feet of landscapmg aroWld the tower fence However, there IS ample room to locate the tower closer to the eXlst:mg bwldmg m order the comply with thIs reqUIrement The apphcant has mdlcated on the site plan that the tower site will be surrounded by penmeter plantmg m compliance Wlth the City'S regulatIOns The applicant IS proVidmg the reqUIred buffer along VlfgIma Street m addibon to the buffer requIrements for commuIUcabon towers Staff recommends as a condlOon of approval that the applicanl submit a revised site plan shO\vmg the tower five feet closer to the eXlsong bmldmg and d landscape plan showmg the reqUired buffer around the tower fencmg as well as the number and types of plant spCCICS pnor to the Issuance of a development order f. llIummatIon. Towers shall not be artificially lIghted except as required by the FAA. At time of construction of a tower, In cases where there are residential uses located Wlthm a distance which is three hundred percent (300%) of the height of the tower from the tower, dual mode hghtmg shall be requested from the FAA The tower IS not reqUired to be IllWllmated by the FAA and the applicant has not proposed to illummate the tower g, Appurtenances. Appurtenant buIldmgs and structures shall conform to the standards set forth in the zODlng dlStnct regulatIOns. Such bUlldmgs and structures shall be screened from adjacent properties and pubhc streets. At a tower Site, design of the bUlldmgs and related structures shall, when practicable, use materials, colors, textures, screening, and landscaplOg that wIll blend them mto the natural settmg and surroundmg bUIldings to mlDlmlze the \'1suallmpact. No appurtenant bUildmgs are proposed at tlus time The applicant has proposed slabs on which the users wIll place theu bmldmgs and eqUIpment The slabs are screened from adjacent properties and streets by proposed landscapmg Staff recommends that a condition of approval be that all to\ver users place building and eqUIpment only on the approved slabs h, DeSign, To the extent practicable, the tower shall be deSigned to blend into the surrounding environment in order to protect the aesthetics of the neighborhood where the tower IS proposed. The proposed tower IS located III the mtenor of the property and IS not VISible from any street The property on WhICh the tower Will be located IS more than one hundred feet from Gulf-to-Bay Boulevard and Will be landscaped to reduce any adverse Impact of the tower on the appearance of the surroundmg commercial properties I, Waivers, The design standards IdentIfied above may be reduced or wai\'ed If such reductIOn or waiver would better satIsfy the mtent of this Division and such modification or waiver is reviewed and deCided by the Community Development Board in concert with the apphcatlOn for a Level Two Approval. The applIcant has not requested any waivers of the deSign standards Page 5 4 AdvertlSlOg prohibited; reqUIred slgnage and security, No tower shall be used for advertising of any type, and the placement of signs, other than warning SignS and small in/or mat on placards with emergency and owner information, IS prohibited All towers must be reasonably posted, in accordancc with thc City of Clearwater Sign ordmance, and sccured to protect agalOst trespass, The applicant IS not propoSing any advertiSing 5, Installation and mamtenance standards. Owners shall IDstall and mamtain towers, telccommumcatlons facilities, wires, cables, fixtures and other eqUIpment m compliance with the requirements of the National Electnc Safety Code and all FCC, state and local regulatIOns, mcludmg adopted bUlldmg codes, Prior to the issuance of a certificate of occupancy for a tower, the apphcant shall provide an engmeenng certification that the proposed structure meets such rcgulatory standards, mcludmg adopted buildmg code standards for wmd velocity, All towers shaH achieve and mamtain comphance with current radiO frequency emiSSIOns standards promulgated by the FCC. The appheant WIll comply WIth these reqUIrements pnor to the Issuance of a Certllicate of Occupancy 6. Removal of abandoned antcnnas and towers. Any telecommunication tower that does not support an operating antenna for a period of twclve (12) consecutIVe months shall be considered abandoned and shall be removed or reactivated upon written notification by the City Within sixty (60) days of said notification. Failure to do so shall constitute a violation of thiS Developmcnt Code. Not applicable smce no tower currently eXISts on the site STAFF RECOMMENDA nON: Based on the apphcatlOn and the Site plan, staff recommends approval of the request submitted by Amencan Infoage tD CDnstruct a telecommUlllcatlollS tower at 505 Virginia Lane WIth the followmg conditIOns Approval shall be Illltla11y for a tower 100 feet III height unless the apphcant submits signed contracts to the Planrung Department from three users dunng the effective penod of the development approval as specified In Section 4-407 of the Commumty Development Code Ir the apphcant submits signed contracts from three users, the approval shall be for a 160-fDDt commUllIcatlon tower 2 The applicant shall submit contracts WIth three users pnor to the Issuance of a bmldmg pernut for a 160 foot tall tower 3 The apphcant shall submit a color sample of the tower mdlcatmg that the color IS nonreflective pnor to the Issuance of a bUlldmg penUlt 4 The tower users shall place their bUlldmgs and eqUipment only on the approved slabs mdlcated on the site plan Page 6 , . 5 A landscape plan mdIcatmg plant species and numbers and locatIOn of plants shall be approved by the staff poor to the Issuance of a development order 6 Poor to the Issuance of a develDpmenl Drder, the apphcant shall submit eVidence suppDrtmg the poor conditIon of the eXIstmg tower located on the Clearwater High School property 7 Poor to the Issuance of a development order, the applIcant shall subrmt a reVIsed site plan loeatmg the tower five feet closer to the eXIstmg bUlldmg and mdIcatmg a 10 foot buffer around the reqUIred tower fencmg Prepared by Antollla Gerh, Development ReView Manager AssIstanl Planmng Dtrector Approval Planmng DuectDr Approval Attachments Location Map Zomng Map Aenal Photo Photo of tower slrmlar to the proposed tower Apphcauon Page 7 WALTER POWNALL SER VICE CENTER l!lll 5 Belcher Road Largo FL 34643 (813) 541- 3526 FAX (813) 54n222 School Board of I'mdlas Coumy Flonda Chairman .\.ndrea M Thacker ""ce Chalrmall COrlllne Freeman Lee BenJamll'l Luclle 0 Casey B Irba ,a J C'ockeu ~llsan Latvala llnda 5 Lerner ~llperllllende rH J Howard KlI'lesley Ed D PI ndlal Co II Illy 5<: hools IS ~n equal opporltln Ily I ml,l tll !OnJo red tlcanon Jnd employmenl Q c~~ PINELLAS COUNTY SCHOOLS gotTE'UZor ~ du'!/ms c/Iwa u! rwwFUr September 6, 1996 GTE Mobllnet ATTN Mr Robert Hardee 5303 Commerce Park Boulevard Tampa, FL 33610 FAX 282.6470 Re_ Clearwater HIgh School. CommunicatIOn Tower Dear Mr Hardee I am III receipt of your request to collocate cellular antennas on the commUnIcation tower located on the Clearwater High School site Per our phone conversatlOn, the School Dlstnct has agreements With two conUUlUl1catJon companIes, AT&T WIreless and GTE MobJinet, for the IllstallatIOn and operatlOn of commUnicatIOn towers and eqUipment on School Board SItes We entered Into these agreements to meet the commUniCatIOn needs of the School Dlstnct OUf commUnIcatIOn needs have been met, however, we must protect the mtegnty of our eXistIng system and maIntalll capaCIty for future system modIficatIons The Dlstnct Will not allow any more commUniCatIOn towers to be constructed on our sItes untIl they are necessary to meet future commumcatlOn needs of the Dlstnct The School Dlstnct has prevIOusly turned down SlImlar requests from other cellular commumcatlOn companies to use our eXistIng towers The DIstnct does not deSire to sublet any of the eXlstmg commUniCatIOn towers, therefore, the Dlstnct staff IS not recommendIng your request for the collocatIOn of cellul(l[ service on the eXIstmg AT&T WIreless commurucatlOn tower at Clearwater High School If you have further questIOns, do not hesitate to call me at 54 7 ~ 7286 terelY, {1m0u(ffli~or Real Property Management cc J Howard Hmesley, Ed D, Supenntendent of Schools John Bowen, School Board Attorney BIll WIlliamson, Area I Supermtendent Walter Miller, ASSOCIate Supenntendent, InstItutIOnal Services Tony Rivas, DIrector, Facilltles JM It com\ltr\GTE Mobtlnet Clwlr High tower Pnmed on Ruye/!d Paper - - - AT&T AT&T Wireless Sery,ces SUite 1100 50 1 E Kennedy 81Yd Tampa FL 33602 813 222-5567 FAX 813 221-6850 September 5, 1996 Mr Robert Hardee G1E Mobllnet of Tampa, Inc 5303 Commerce Park Blvd Tampa, FI 33610 Re Ba)'Vlew Site Arcturas Ave Clearwater, Fl Dear Bob Please be adVIsed that the Pmellas County School Board (Mr James Miller) Informed me that they were not Interested In any co.locallOn aCtIVIty at the aforementIoned site I strongly suggest that you might contact him personally If I can asSist you In the future please contact me Cordially, Re~~~ Site AcquISItIon Manager ro f68 Recycled Paper 13540 N FLORIDA J.." _ SUITE 203 TAMPA, FL, J13 (813) 960.0002 ~ PATE ENGINEERING INC. RECEIVED JAN 0 8 1996 January 3, 1996 SYSTEMS ENGI~:EEntflK1 GTE Mobllnet 600 N. Westshore Blvd SUite 900 Tampa, Florida 33609 Aun_ fyir Raben Kersleen Re 140-Ft Self Supporting Tower Keene (Clearwater) Site Our Job #95-320 Dear Mr Kersteen In accordance WIth your InstructIOns, Pate Englneenng has analyzed the eXisting 140-foot tovver located at the "Keene" site In Clearwater This tower IS an eXisting AT&T Wireless Services cell site The anginal tower IS a Rohn SSV which has been modified The modification deSIgn was done by Pate Engineering In 1990 under our Job #90-126 ThIs modification added three additional legs to the tower up to the 120-foot level On December 7, 1995. the tower was surveyed to update the eXisting antenna loading Analysis Outline: ThiS tower has been analyzed under the follOWIng conditions EIA 222-E for 105 MPH Wind on the tower face EIA 222-E for 105 MPH Wind on the tower comer EIA 222-E for 105 MPH Wind parallel to a tower face The cases conSidered all the applicable loads due to deadweight of the structure and appurtenances and the effects of Wind on the tower structure, antennas and ancillary Items, such as ladders, cables and platform antenna mounts Assum ptions: 1 For the purposes of thiS analysis, it is assumed that all bolts, welds, members, etc are in good condition and not degraded by rust, corrosion or cracks Re Keene Site Our Job #95-320 2 The transmISSion hnes vvere assumed to be evenly distributed over three (3) faces or legs of the tower The following is a list of antennas, theIr elevations and transmission hnes used In this analysIs ExIsting Antennas Elevation (Ft) Descnptlon Transmission lIne 140 130 (9) DB834F D8274 (9) 1-5/8" 7/8" Proposed Antennas 100 (6) OB858 (3) 1-5/8" (6) 7/8" Method of Analysis: The tovver was analyzed In accordance With the requirements of EIA 222-E and AISC 8th Edition. ExtensIve manual computations were performed to account for all of the vertical (deadvveight) and honzontal (wind) forces on the tower structure. The structure was then analyzed uSing the programs STAAO 3 developed by Research Engineers Inc The resulting nodal deflections and element Internal forces were compared to the manually computed allowable value Results of Analysis: This analysis. as outlined herein. indicates that the tower is overstressed as follows 1 1 Elevation Original leg Added leg 0- 20 36% 40% 20 - 40 38% 58% 40 - 70 37% 24% 60 - 80 38% 22% 80 - 100 39% 22% 1.2 The onglnal and new foundations are overstressed by 100% and 30% respectively 2 Re Keene Site Our Job #95-320 1 3 Many of the diagonals are overstressed. Recommendations: As outlined above, thIS tower is highly overstressed. In my OpiniOn, It 'NOuld not be economical to upgrade thiS tower. If you require addltronal servIces In the matter, please call Respectfully, By Leroy 3 13540 N FLORIDA, ..: SU ITE 20 3 TAM PA, F L, <313 {813l 960-0002 ~ PATE ENGINEERING INC. January 31,1996 GTE Mobllnet 600 N Westshore Blvd SUite 900 Tampa, Flonda 33609 Attn Mr Robert Kersteen Re 140-Ft Self Supporting Tower Keene (Clearwater) Site Our Job #95-320 Dear Mr Kersteen' This letter IS supplemental of our report of January 3, 1996, concernmg thiS tower We have been asked to prOVide a cost estimate for reinforcIng and modrfying this tower I have Investigated several methods of accomplishing this. I have been unable to find a wa,/ to economIcally strengthen this tower The overstresses are too high and effect too many of the tower members It IS my opinion that It would be much more economical to replace thIs tower With a new one designed to support all of the eXisting and proposed antennas and lines If you reqUire further services in this matter or have any questions, please call Respectively, By Leroy L Pate, P.E Amencan Info 7/19f99 Virginia Lane Treatment for Pond Basin == ~acres Treatment Cnterlla "" 0 5 Inches of runoff Treatment Volume"" Area x Depth 112 x 43560 cf Treatment Volume "" I 5831 cf or I o 011ac-ft Elev Area sf Area ac Incr Vol Cum Vol Cum ac-ft 6000 540 001 0 0 000 BOll Elev 60 6005 563 001 28 28 000 Ball Area 540 6010 587 001 29 56 000 Top Elev 61 5 6015 610 001 30 86 000 Top Area 1242 6020 634 001 31 117 000 Interval 005 5025 657 002 32 150 000 6030 680 002 33 183 000 6035 704 002 35 218 000 6040 727 002 36 253 001 6045 751 002 37 290 001 6050 774 002 38 328 001 6055 797 002 39 368 001 6060 821 002 40 408 001 6065 844 002 42 450 001 6070 868 002 43 493 001 6075 891 002 44 537 001 \/~' 6080 914 002 45 582 o 01 set weir --r&tt:-a.. i """g7.(J r 6085 938 002 46 628 001 "6 L I 6090 961 002 47 676 002 6095 985 002 49 724 002 6100 1008 002 50 774 002 6105 1031 002 51 825 002 61 10 1055 002 52 877 002 61 15 1078 002 53 930 002 6120 1102 003 54 985 002 6125 1125 003 56 1041 002 6130 1148 003 57 1097 003 6135 1172 003 58 1155 003 6140 1195 003 59 1215 003 6145 1219 003 60 1275 003 Ct.~a..t ) aU vtrL 6150 1242 003 62 1336 003 v"r:= 0>0$( ~ q p"'<., )<.. IS"" 1'\1..M. f~c:tUC. rYC>fA- ~ ~ 3)-L:iJ G g. tf)( 32-1) =:; J 'lfra..9 I ,\fzq )< /,S~~ ~ ~ NORTH 1" = 1320' Location wrap 505 VIGIN1A LANE \J UJ '" .. i':~~ CITY OF CLEARWATER FLORIDA {<J~~" g~)l PU8UC WORKS ADMINISTRATION ~""W ENGINEERING I. ~ mi ... '" to.Gj- i SOt" .. ~:;:;~800 8tn S; ~ "'"'" -- ...... """ 1 808 1 10 SOl 3 w LJ w S06 w > > > 0 SO'l > <Ii <Ii <Ii 2 C':l 9 3DB <Ii S07 I- u In 308 80B U CXl 308 <( J f-1 6CO => 6 3" 3 OJ ~ 1= ~ - N81D Z 310 VI 3188 8 3tO U :3 ~ => < 'IDO 4DO Z 40t Ul Z ~ 0 4CO < 4Z 400 0 ~ 4 5 5 401 ~ Cl a=: ui 408ti 403 N w 7 0 4 ~ 401 0 401 a... I/O, ;:> 401 () UJ 406 "05 "0'1 14/23 N 1/07 6 5 40'1 5 6 "DB /20 0 0 1/09 I/to 40B 5 ......... ......... "08 ...., I"') 'I" Ul "" In N N .f'0 N ui N ......... /21 <t 14/24 23/03 23/04 23/05 ,.... ~ ~ a :!: ;; i a 2~ 60 i ~ ~ I :: 60 80 60 ~ 48$1- 0 ~ GULF TO on BAY ~ ~ SR 60 - 60 ~ tt ~ "'Il ii it , :e .. "- 50~ ~ J3 ~ i <0 32/04 ~ S I 4 3 2 1 J3 C 1 34 Iii 32/18 ~ w 1J 5" ..-t 610 Z 16'( 33 '\ < lu.,6 CO 5 6t2 < 61D It un~ of TItle -l 32/05 32/03 2 5tS 9 -226. 606 tN2 Ii ~~.u - ~ 50 S," 6'6 D== 32/22 32/17 3 32 s, ~ 0 S'8 32/06 rF 0 623 A,/ S22 .... 61/6 32/16 IRllJl S2tJ 619 I BOAF -l 32/23 4 31 u 1.0.. 626 1 2 11 lr. SID 32/07 ii (,) ~ Sill S" A-J OJ 5'2'7 14 13 62B 32/24 32/15 6" 622 ;;0 623 OF PU [ 5 0 30 . ~ 6t2 3~ a - - 63' 32/08 ^ 1 32/25 32/14 < 628 U) 617 5'S816 15 530 6 ~ - 6" Z 32/09 6 1"'1 29 68li 63.f 8SS Ci ~ , 18 17 32/26 32/13 0::: 630 631 - S.ft 5 32/10 7 28 200<11 ~19 5110 ~ 633 tt J3 32/27 32/12 600 \ \601 - ...... 32/11 27 -t 8 32, 6/H 50 &26 J~ to. 3340 55 54 53 52 51 50 49 96D.f\ \'06 26 ~14 15 i i i! 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III rill 11II 9""'J 9 001 !j c; ,IN ,......., - COB Meeting Date July 20 1999 Agendd Item ~ CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT BACKGROUND INFORMATION: APPLICANT William and Hope Georgilas REPRESENTATIVE Amenean Infoage, LLC LOCATION 505 Vlfgmld Lane REQUEST FleXible development approval to construct a 160 foot tall telecommUlllcatlOn tower and three concrete pads on which to place the eqUIpment PLANS REVIEWED Site pldn prepared by NatiOnal Ddta & CommUlllcatiOlls dated 6/18/99 SITE INFORMATION: PROPERTY SIZE 13 900 square feet PROPERTY USE Current Use Proposed Use Office Office and commUlllcatlOn tower PLAN CATEGORY CommercIal General ZONING DISTRICT CommerCial Dlstnct ADJACENT LAND USES Adjacent land uses are commercial STAFF ANALYSIS -, Amen can lnfoage provIdes towers to the commUnIcation lIldustry for the collocatJoll of antennas Amencan Infoage IS requestlllg flexible development dpproval to construct a 160 fooL t<lll tower capable of supportlllg at least three antenndS The eXlstmg office buddlllg WII! rcmam on the site dnd contlllue to be used as an office The tower will go to the east of the bUlldmg There arc no standards (setbacks, lot \\1dth, etc ) III the Commercial Dlstnct for commUlllcatlOn towers There are, however, three cntena for telecommulllcallon towers III the Commercial DJstnct Page I 299 N.nlh Sl..el North p 0 Bo~ b8J Sl reteriburg Flollda 13711 Ofi~l (727) 822 4317 FAX (27) 822 2919 lr George E Young, Inc. Turnmg 1'lSIon/nlo ReaMy ~"n" 1919 \ RU IITLr rllle . l:. \1, 1\1 UII \ (, . I \ \ Ill' 0\ \ II \ r \ I . I \ \ I )~l \1" UllllITl rTI III . I'l \' \ I', . 'I ,\ 11'".1 T:1 IT 11''' July 19, 1999 Ms Cindy Dommo, General Manager American InfoAge, LLC 2727 Ulmerton Road/SUite 230 Clear""ater, Fl 33762 RE Site on Virginia Lane, South of Gulf Boulevard Clearwater, FL Dear Ms Domino Our office has prepared a drainage calculatIOn for the above site Based upon the rational drainage calculations, we show 582 CF required for treatment volume and approximately 1,286 CF required for attenuation of stormwater Your sIte plan shows a pond 18'x69' and approxImately 1 5' deep Based upon the assumption that the soils will handle the volume percolatIOn and the seasonal hlghwater table IS below the proposed bottom, the pond should be adequate for the volume reqUired If we can be of further aSSIStance, do not heSitate to contact me at (727) 822-4317 Very truly yours, RGE F YOUNG, INC I~ ohn P Bastow, P E Vice Presldent/Engmeerlng jPB/par S1 PETERSBURG · TANPj ~ !t~~Wi~~~~~~~~~~g~~~~\c] nny\07/1 Q/QQld ?fi PM! CRITERIA FOR TELECOMMUNICATION TOWERS (Section 2-704 L): 1. No telecommumcatlOn tower IS located on Clearwater Beach. The telecommumcallon tower IS locdted one hundred feel soulh of Gulf~to-BdY Boulevard and Will nol be located on Clearwater Beach 2 If the teleeommumcatIon tower I'" located withm a scemc corndor designated h)' the City of C1eanvater or a sceOlc noncommerCial corridor designated by the Pmellas Planmng Council, the apphcant must demonstrate comphance with the design Criteria in those designatIOns The telecommUUlcatlOn tower IS not located wlthm a scemc corndor designated by the City of Clearwater 3. The design and constructIOn of the tclecommumcahon tower comphes with the 'ltandard... m Article 3 DIVISion 20. 1 Jomt use of e:ustmg to\\ers reqUIred a'! an alternative to new tower constructIOn. Jomt u...e of e:ustIng telecommuUlcatlOns towers or other eXlstmg buddmgs or ...tructure'! I'! reqUIred as an alternatnre to new tOl"er constructIOn whenever feasible. Therefore, anyone considering new to\\'er constructIOn, must first explore other optIOns. PrIOr to the I......uance of any buddmg permit for a new tOl"er, a deternunatIon must be made that no existing tower or other structure is available as a reasonable alternative. An allphcant requestmg a permit for a new tower shall submit eVidence to the City that SUPllortS a concluMon that no rea'!onable use can be made of any eXlstmg tower or structure. The eVidence shall c1earl}' establish one or more of the followmg conditions: a. No eXlstmg tower or structure IS located wlthm the geographic area reqUIred to meet the aplJlicant's co'\'erage reqUlremenh. b. EXlStmg towers or structurc~ are not of sufficient height to meet the apphcant'... engmcenng reqUIrements. c. EXlstmg towers or structure'! do not have suffiCient structural strength to SUPllort the apphcant''! proposed antenna and related eqUIpment. d. The apphcant's proposed antenna would cause electromagnetic interference with or would he mtcrfered with by other antennas If placed on .tn}' cXlstmg tower or structure e. The fees, costs or contractual IJrOVISions reqUIred by the owner m order to share an e:ustmg tower or structure for a time penod of twenty-five (25) years, eueed the cost of devclopmg a new to\\er. f It is not financially feasible to modify or replace an existmg tower to accommodate the proposed antenna g. The apphcant demonstrate... that there are other legitimate hmltmg factors that rcnder cXl...tIng towers and structures unsUItable Page 2 The applicant has stated that the proposed tower must be located In tIus geographIC area In order to cover d specIfic range of broadcdstmg The only other tower III this area IS loedted on the Clearwater High School property and IS owned by the Pmellas County School Board dnd leased to AT&T ThiS tower IS In poor conditIOn and neither the School Board nor AT&T has plans to Improve It The applicant has stated tIlat the eXlstmg tower cannot structurally hold any more weight and therefore cdnnot accept any more antennas The apphcant however, has not subtmttcd evidence from either the School BOdrd or from AT&T to support these conclUSIOns Stili recommends that a conditiOn of approval be that pnor to the Issuance of a development order, the applIcant must subml1 evidence supporting the poor condItIon of the eXlstmg tower located on the Clearwater High School property 2. JOint use of nel" towers reqUired. Joint use of an)' new telecommuOlcatlOns to,,"er I~ reqUired whenever feasible. In order to promote Jomt u~e of new towers, pnor to the I..~uance of a bUilding permit for a new tower, the apphcant shall demonstrate a commitment to lomt use a~ follows: a. SoliCitatIOn of additIOnal users The applicant requestmg the permit shall submit eVidence to the elt)' demonstratmg that a genuine effort has been made to sohclt additIOnal user~ for the proposed new tower. Evidence of thiS effort shall mclude, at mmimum, COl,ies of notices sent b)' regJstered mall, return receipt requested. to all other providers of cellular and personal commuOlcatlOn sen'lces in Pinellas County, FlOrida, ad\'ising of the mtent to construct a new tower, Identifying the locatIOn, Invltmg the joint use and ,harmg costs, and requestmg a written respome wJthm fifteen (15) days. The applicant has submItted proof that he has complIed with these reqUIrements The letter, the list of users that the letter was sent to and the caples of notices sent by registered mall arc attached to the application b. Agreement to allow future jomt use. The applicant shall Sign an mstrument, which ~hall be maintamed by the City, agreeing to encourage and promote the Joint use of telecommunications tower'l "" Ithm the City and, to that extent, committing that there shall be no unreasonable act or omission that would have the effect of excludmg, obstructmg or delaymg the jomt use of any tower where fair and just compensahon is offered for ~uch use. The applIcant has Signed an agreement dnd submitted It WIth the applIcatIOn agreewg to encourage Jowt use of the tower The applicant, Amencan Infoage, IS exclUSively 10 the buslIless of supplymg towers for collocatIOn 3. De~ign Standards. a. Height. Smgle user towers are allowed a maximum height of one hundred and twenty (120) feet. Tower~ deSigned for Jomt use may be greater m height provided the additional height is constructed comCIdent "'Ith the actual u'le. Furthermore, existlOg conforming towers ma)' be mcreased in height to accommodate additional u,ers With a Level One Apl)IO\'al. Towers deSigned for t\\'o users are allowed a ma;\Imum height of one hundred and forty (140) feet. Towers dc~igned for three (3) or more u~ers are allowed a maximum height of one hundred and sixty (160) feet. Page 3 As prevIOusly mentIOned, the applicant IS in the busmess of colloca\1on and profits from maxllluzlllg the use of the tower The applicant has stated that the tower Will have more than three users and therefore, has proposed a tower of one hundred and sixty (160) feet tall The applicant has also slated that contracts with users arc not yet finalIzed but should be final pnor to the Board meetmg Staff recommends that the approval be for a one-hundred foot tower (one user) until the Amencan Infoage submits contracts with three users b. Setbacks I. From reSidential uses. Tower~ shall be set back from eXlstmg residential useS a dIStance equal to the height of the tower. The distance shall be measured from the base of the tower to the residential property line. The property IS surrounded by commerCial uses The apphcant has Illdlcated on the site plan and the staff has venfied, that the nearest resldenl1al use IS located one hundred and SIXty (160) feet from the proposed tower 10catlOn ii. From historic districts and hsted structures. Towers shall be set back a mimmum of five hundred (500) feet from any National Register HI'itorlc District and from any indiVidual structure hsted In the National Register of Hi~torlc Places. No NatIOnal Register Histone Dlstnet or mdlVldual structure listed III the NatIOnal Register of Histone Places IS located Wltlun 500 feet from the proposed tower III. From property hnes. Towers shall be set back from property hnes in accordam.e With the reqUIrements set forth in the zomng district regulations. There are no setback reqUirements set [ol1h III the zomng dlstnct for teleeommulllcatlOn towers The proposed tower and concrete pads on which to locate the eommumcatlons eqUipment are setback from the property hnes based on the buffer reqUirements which are ten feet from the side and front property hnes c. Color and fimsh. Except for Ilamting or marking reqUired by the FAA, tower.. and supporting structures shall be a neutral, non-glare color or fimsh, ..0 a.. tn reduce VIsual obtru!olVcness. The tower appears III the submitted photographs to be filllshed ill a reflectIve, metallic color However, the applicant has stated that the tower IS of a nonreflective neutral color Staff recommends that as a condl tlOn of approval, the applIcant subml t a color sample pnor to the Issuance of a bUlldmg permIt d. Fencmg Towers shall be enclosed by a sh. (6) foot high security, mason!)' or wood fence. A Sl.\.-[oot high cham link secunty fence IS shown on the submitted site plan e. LandscapinglScreemng. The penmeter of the tower site shall be buffered With shrubs selected and placed to screen the base of the tower and, to the el.tent pos"lble, With trees selected and placed to rnlOlrnlze the vertical scale of the tower. A mlmmum of ten (10) feet of landscape buffer shall be prOVided around the outSIde of the reqUIred fencmg. The land..capmg design requireli approval of a land!ocapmg plan by the Page 4 Commumt)' Dcvclopment Coordmator as a Levcl One Approval m accordance \Hth thc provIsIOns of Artlclc 4 DI\'ISIOn 3 of this Devclopment Codc. The applIcant has not shown 10 feet of landscapmg around the tower fence However, there IS ample room to locate the tower closer to the e'\lstmg buddmg m order the comply WIth thIs reqUIrement The applIcant has mdIcated on the site plan that the tower site wIll be surrounded by penmeter plantmg m complIance WIth the CIty'S regulatIOns The applicant IS provldmg the reqUIred buffer along VlrgmJa Street m addItIOn to the buffer reqUIrements for commUnicatIon towers Staff recommends as a condItIon of approval that the applIcant subnut a revIsed sIte plan showmg the tower five feet closer to the e'\lstmg bUlldmg and a landscape plan showmg the reqUIred buffer around the tower fenclOg as well as the number and types of plant specIes pnor to the Issuance of a development order f lJIummatIOn. To"ers shall not bc a rtlficl all)' lighted exccpt as reqUlrcd by the FAA At tlmc of con!ltructlon of a tower, m cascs where thcre are resldcntlal uses located wlthm a dIstance which IS three hundred percent (300%) of the height of the to"er from the tower, dual mode IIghtmg shall be rcquested from the FAA The tower IS not reqUIred to be IIlummated by the FAA and the applIcant has not proposed to IlIununate the tower g Apl>urtenances Appurtenant buIldmgs and structures shall conform to the standards set forth m thc zonmg dl!ltrIct regulatIOns Such buIldmgs and structures shall be screened from adjacent prOI)ertle!l and public !ltrcets. At a tower Site, dcsIgn of the bUlldmgs and related structurcs shall, whcn practlcablc, use matcrIals, color!l, texturcs, screemng, and landscapmg that Will blend thcm mto the natural settmg and surroundmg bUlldmgs to mlmmlze thc \1suallmpact. No appurtenant bUlldmgs are proposed at tillS tune The applicant has proposed slabs on wluch the users WIll place their bUlldlOgS and eqUIpment The slabs are screened from adjacent properties and streets by proposed landscapmg Staff recommends that a condItIon of approval be that all tower users place bUlldmg and eqUIpment only on the approved slabs h. Design. To the extcnt practicable, the tower shall be dcslgned to blcnd mto thc surroundmg envlronmcnt IU order to protect the ae!lthetlcs of the nClghborhood whcrc thc tower IS prollOsed. The proposed tower IS located m the mtenor of tile property and IS not \'1slble from any street The property on wlllch the tower WIll be located IS more than one hundred feet from Gulf-to-Bay Boulevard and WIll be landscaped to reduce any adverse Impact of the tower on the appearance of the surroundmg commercial propertIes WalVcrs The de!llgn standards Identified above may bc rcduced or waived If such reductIOn or walVcr would bctter satisfy the IUtent of thiS DI\1Sl0n and !luch modificatIOn or waiver IS reviewed and deCided by the Commumty Dcvclopment Board IU concert With the application for a Level Two Approval. The applIcant has not requested any WaIvers of the design standards Page 5 4 Advertlsmg prohibited; required slgnage and ~ecunty. No tower ..hall be u..ed for advertlsmg of any type, and the placemcnt of Sign", other than warnmg Signs and ..mall m/or mat on placards with cmergency and owner mformation, IS prohibited. All towers must be reasonably posted, m accordance with the City of Clearwater sign ordmance, and ..ecured to protect against trespass. The applicant IS not proposmg any advertlsmg 5. InstallatIOn and mamtenancc standard.. Owners shall IOstall and mamtam to\\crs, telecommuDlcatlllUs facilitlcs, wire.., cables, fixtures and other equipment m compliance with the reqUirements of the NatIOnal Electric Safety Code and all FCC, state and local regulations, includmg adopted buildmg codes. PrIOr to the I~~uance of a certificate of occupancy for a tower, the applicant ..hall provide an engmeermg ccrtlficatlon that the proposed ..tructure meets such regulatory standards, mcludmg adopted building code standards for wmd velocity. All towers shall achieve and mamtam compliance With current radio frequent)-' emissions standards promulgated by the FCC. The applicant 'VIII comply With these reqUirements pnor to the Issuance of a CertIficate of Occupancy 6 Removal of abandoned antennas and towers. Any telecommunicatIOn tower that does not support an operatmg antenna for a period of h\'elve (12) consecutIVe month.. shall be conSidered abandoned and shall be removed or reactivated upon written notification by the City wlthm sixty (60) da)'s of ~aid notification. Failure to do so shall constitute a violatIOn of th IS Development Code. Not applicable since no tower currently eXists on the site STAFF RECOMMENDATION: Based on the applicatIOn and the site plan, staff recommends approval of the request submItted by Amencan Infoage to construct a telecommunlcatlOns tower at 505 Vlrglllla Lane With the followmg condItIOns Approval shall be Initially for a tower 100 feet III height unless the applicant submits sIgned contracts to the PlannIng Department from three users dunng the effectIve penod of the development approval as specified III SectIOn 4-407 of the Commulllly Development Code If the applicant submits signed contracts from three users, the approval shall be for a 160~foot commumcatlOll tower 2 The appllcant shall submit contracts With three users pnor to the Issuallce of a bUIldIng penmt for a 160 foot tall tower 3 The applicant shall submit a color sample of the tower IndIcatIng that the color IS nonreflective pnor to the Issuance of a bUildIng permit 4 The lower users shall place theIr bUlldmgs and eqUIpment only on the approved slabs IndIcatcd on the Sltc plan Page 6 5 A landscape plan mdlcatmg plant species and numbers and locatlon of plants shall be approved by the staff pnor to the Issuance of a development order 6 Pnor 10 the Issuance of a development order, the Jpphcant shall submit eVidence SUpportlllg the poor condltJon of the eXlstlllg tower located on the Clearwater High School property 7 Prior to the Issuance of a development order, the applicant shall submit a revised site plan locatlllg the lower five feet closer to the e,\lstll1g butldll1g and ll1dlcatmg a 10 foot buffer around the reqUired tower fenclllg Prepared by Antoma Gerh, Development ReView Manager Asslstdnt Planl1lng Director Approval Planlllllg Duector Approval Attachments Location Map Zorung Map Aenal Photo Photo of tower sundar to the proposed tower App Ii catlO II Page 7 WALTER POWNALL SERVICE CENTER 11lll S Bdch~r Road I argo FL 34643 (813) 541-3526 rAX (813) 547-7222 xhool Board of Pmella5 County, Florida ChaIrman "ndrea M Thacker 'v Ice Chalrrna n Cormne Freeman La B~njamm Luelle 0 Casey B lrba ra J Crockett )usa n La! va la [ mda 5 Lerner ~upenmendent J Howard Hmesl~y Ed D P,nellas County Schools IS lln ~qllal oppor/unlty ,nS11111(,o"for ~duca(lOn and cmploymcm o PINElLAS COUNTY SCHOOLS qOU'::'1J10'<~ dU1tn:J c:Il=u! rwmJUI September 6, 1996 GTE MobIinet AITN Mr Robert Hardee 5303 Commerce Park Boulevard Tampa, FL 33610 FAX 282-6470 Re Clearwater HIgh School - CommUnICatIOn Tower Dear Mr Hardee I am In receIpt of your request to collocate cellular antennas on the commUnICatIOn tower located on the Clearwater HIgh School sIte Per our phone conversatIOn, the School Dlstnct has agreements wIth two commUnICatIOn companIes, AT&T WIreless and GTE Mobrlnet, for the InstallatIOn and operatIOn of commUniCatIOn towers and equipment on School Board sItes We entered mto these agreements to meet the commUnICatIOn needs of the School Dlstnct Our commUnICatIOn needs have been met, however, we must protect the mtegnty of our eXlstmg system and mamtam capacity for future system modificatIOns The Dlstnct Will not allow any more commUnICatIOn towers to be constructed on our sites until they are necessary to meet future commlUucatlon needs of the Dlstnct The School DIstnct has preViously turned down sImIlar requests from other cellular commumcatIOn companIes to use our eXIstmg towers The Dlstnct does not deSire to sublet any of the eXIstmg commumcatJon towers, therefore, the Dlstnct staff IS not recommendmg your request for the collocatIOn of cellul::lf Sf'rvlce on the eXlstmg AT&T wireless communIcation tower at Clearwater HIgh School If you have further questions, do not heSItate to call me at 547-7286 terelY, {]m~l1i~or Real Propel ty Management cc J Howard Hmesley, Ed D , Supenntendent of Schools John Bowen, School Board Attorney BIll Williamson, Area I Supenntendent Walter MIller, ASSOC131e Supenntendent, InstItutIonal ServIces Tony RIvas, DIrector, FacIlitIes 1M II comlllr\GTE Mob,lllel Clwtr High tower Pf1nr~d on Recycled Papa AT&T - - AT&T Wireless Services SUite 1100 501 E Kennedy Blvd Tampa FL 33602 813 222-5567 FAX 813 221-6850 September 5, 1996 Mr Robert Hardee GTE Mobllnet of Tampa, Inc 5303 Commerce Park Blvd Tampa, FI 33610 Re Ba}'Vlew Site Arcturas Ave Clearwater, FI Dear Bob Please be adVIsed that the Pmellas County School Board (Mr James Miller) mformed me that they were not Interested III any co-locatIon actIVIty at the aforementIOned Site I strongly suggest that you might contact lum personally If I can asSiSt you III the future please contact me Cordially, ~~~~ Site AcquISItIOn Manager (JiJ <68 Recycled Paper ,,,,. '\ . COB Meetmg Date: January 25, 2000 Agenda Item. 04 Re\'l~ed and SUller!\cded CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT BACKGROUND INFORMATION: APPLICANT Wilham and Hope Georgllas REPRESENTATIVE: Amencan Infoage LLC LOCATION: 505 Vlrglllla Lane REQUEST: Flexible development approval to conslruCI d 160 fool tall lelccommlllllcatlOn lower and three concrete pads on which to place Ihe eqUipment PLANS REVlEWED: Site plan prepared by NdtlOnaJ Dala & Commmllcdl1ons dated 6/18/99 SITE INFORMATION: PROPERTY SIZE: 13,900 square feet PROPERTY USE: Current U~c PrOIIO!\cd Use Three dwelling urnts Office and commumcatlOn tower PLAN CATEGORY: CommefClal Genera] ZONING DISTRICT CommerCial Dlslnct ADJACENT LAND USES. North Soulh East West Restduralll and other commercial uses Smgle Fmmly Resldenll<ll Restaurmlt parkmg lot and Vacant land Smgle Fml11ly Resldenlldl ANAL YSIS Amencan Infoage submitted an appltcauon for d new to\\cr on the Vlrgulla Lane site on May 25, 1999 The dpphcatlon was scheduled and heard althe July 20 1999 Commulllty Development Board meetmg At the July 1999 meetmg, the application was contmued for sixty ddYs to September 21, 1999 to allow an tnvesl1gatlOn oCtile fedslbllity of collocatIOn on the e'\lslmg School Board tower on Arcturas A venue The September 21 meelmg of the CommlUuty Development Board was canceled due to a hum cane threat and rescheduled to October 5 J999 at which tune the conllnued applicatIOn was heard On October 5 the Page I " CommwHty Developmcnt Board contlnucd thc dpplicatlOllto November IG, 1999, and requested that seruor staff discuss tlllS matter with the School Board sel1lor staff to more senously mveshgdte the potenl1al collocatIOn At the November 16, 1999 mcctmg, the apphcal10n WdS approved with conditIOns meludmg condillOns 1-4 5 and 7 mthe staff report dIld a new condllion req wnng thc dPphcant to work WJth stdff to devcl op a design thdt dSSIStS 1fl screelllng thc tower from Vle\\ At the December 14 1999 meeting of the Commwllty Development Board two property owners m the VICllllty of the tower requested that the Board reconsider I Is approva I deCISIOn TIlC Board did vote to reconsider the casc which was scheduled for the ne\.t regular meeting or tile Board on January 25, 2000 Slllce the December meeting onhe Board, slgllllicant new mfonnalion and developments have occurred A meetmg with all of the rcleva nl partIes occurred on J anuM)' 10, 2000 In dttendance were Mayor Bnan Aungst and Clt) staff DaVid Duloung, the Clt) 's telecommUnicatIOns consultant, Supenntendent Howard HInesley, Joe Feraca and John Bowen [rom the School Board Miller Cooper from Amencan Infoage Robert Kersteen, and Kevlll Becker from AT & T Mr Hlllesley presented a Jetter from Stacy Frank attorney for AT& T documentmg AT& T's wIlhngness to build a new lower on Ule school bOdrd site (Copy of leller attached) Supermtendent Hmesley confirmed thai the School Board IS lfl agreement to allow Ule reconstmetlOo of the towcr Mr Becker confirmed Ulat hc was working with the earners 10 confirm !llclr partICipatIon on thIS tower collocallOn The Plannmg Staff confirmed the status of the project with Mr Becker 00 Janwry 13 2000 Mr Becker stated Utat four of the C(JJllers and AT& T (for a totd1 offlve earners) were currenUy committed to locate on Ule school bOdrd site's tower Mr Becker further stated that he IS 111 diSCUSSIOn wHh the two additIOnal earners <lid IS hopeful to confinn their partlclpatlOn Mr Becker stated that the next steps t1l the process would be to deSign the tower stmcture and stle order and budd Ule tower components, deliver and constmct the tower on the site and llave each camcr lIlstall thClr antennas on the to\\er Upon re- lllstallatlOn of lhc School Board's and A T& T's antennas on the new lo\\er, the old eqUIpment and old tower could then be removed The revised stalT repon takes Into eonslderalion thiS new mformatlon and Ihc cooperative workmg relatlOnslup among AT& T, the School Board and t.he carners CRITERIA FOR TELECOMMUNICATION TOWERS (Section 2-704 L). I. No telecommUnication tower I~ located on Clearnater Beal..h. The tclecommulllcatlOn to\\ er I s located onc hundred feel south of Gulf-la-Bay Boule" ard dud will \l01 be located on Clearwater Beach 2 If the tclecommUllIcdtion to\\'er IS located wlthm a !lcemc corndor deSIgnated bl' the Otl' of Clearwater or a scemc noncommercial corndor deSignated bl' tbe PmelIas Planmng CouncIl, the aI>phcdnt mu~t demonstrate comphance wIth the deSign cnterla m those deSlb'llatlons. The telce01l1111Ulllcatlon tower IS not located wilhlll a seelllC cOrrtdor deslgnatcd by the City of Clcarwater 3 The deMgn and con!ltructlOn of the telecommumCdtlOn tower comphe~ with the standard'i III Article 3 DiviSIOn 20' Page 2 " I. Jomt use of eXlshng towers reqUlrcd a~ an alternatnre to nell' tower construchon. Jomt u!le of e:\istmg tdecommu mcatlOns towers or other e'\lstmg hUlldmgs or ..trnctures IS reqUIred as an alternative to new towcr constructIOn whenever feasible. Therefore, aD)'URe Lonsldermg ncw tower condructlOn, mmt first e).plore other optIOns Pnor to the I~~uance of an)' blllldmg permit for a new tower, a determmatlOn must be made that no eXlstmg tower or other structure IS available as a rea~onable alternatnre. An applicant requcstmg a Ilcrmlt for a ne\\ to\\cr shall submIt eVIdence to thc Ot)' that supports a concluSion that no rea!lonable use can be made of an)' e),lstmg tower or structure. The eVidence shall dearl)' cstabll~h onc or more of the followmg condition,. a. No eXlstmg towcr or structure is located Wlthm the geographic .area reqUIred to meet the al>phcant's cOlerage requirements. b. EXlstmli!; towers or structu res arc not of ..uffiClent height to mect the apphc,lnt's cngmeenng reqUlremenh. c E:\lstmg tower~ or structurc, do not have ~ufficlent struLtural strength to ~ujlport the .aPllhcant's IlropO'cd antenna and related eqUIpment. d. The applicant's Ilropo'cd antenna would cause electromagnetic interlerence With or \\ould be mtcrlered with h)' other antennas If placed on an)' c:\ishng towcr or structure. c The fcc" costs or contractual provl~lOns reqUIred b)' the owner IU order to share an e'tl~tmg tm"er or ~tructure for a time penod of twent)'etive (25) )car!l, e:\cccd the cost of dCl elopmg a new tOl"er. f. It IS not financlall)' fea'lhlc to mod If)' or relllace an C:\lsting tower to accommodate the Ilroposed dntenna. g. The applicant demonstrates that there dre other legitimate hmlhng factor, that render e:\lstmg tower~ and struLturcs unSUitable. ThiS portion of the telecommurucatJons reguldtIons IS the most cntical and forms the conceptual baSIS for the City's regulahon of towers The regulal10n states that JOInt use "IS reqUIred a!l an alternative to new to\\er constructulU whenever feaMble" (empha'l!!> added) TIle regulallOn further reqUIres an evaluatIOn of other optIOns wInch In thiS case has resulted m an agreement to allow collocatIOn on an e\.lstlllg site and reconstmcllon of an e'\lstmg to\\er on the School Board property Based on the wlilmgness of the tower owner and property owner to replace the C;\.IS(lIlg towcr and to allow collocation wllh the other carners an c>.lstmg tower IS dvallable as an alternative to a new tower and (!us e;\.lstlng tower (reeonstmeted) can serve the teleeommUllIcatlOns needs of tlus geographic area Therefore a new tower ealIDot be Justified at the VirginIa site 2. JOInt use of new towers reqUired. Jomt use of an)' new telecommllUlcation.. tower IS reqlllred whenever feasible In order to promote Jomt u,e of ne\\ towcrs, prIOr to the Issuance of a blllldmg permit for a new tower, the apphcant shall demonstrate .a commitment to Jomt use a.. follows' a. SohcJtatlon of additIOnal users. The allll!lcdnt rcqllestmg the Ilcrmlt shall submit eVidence to the City dcmonstratmg that a genume effort hdS been made to soliCit additIOnal users for Page 3 thc proposed new towcr. E, Idcncc of this effort ~haJl mclude, at mlfllmum, COlllC., of notices ~cnt h)' registered mall, rcturn recell)t requestcd, to all other providers of ccllular and f)Crsonal commUnicatIOn scnlcc~ In Pmcllas County, Florida, advhmg of the mtent to construct a ncw tower, identlf:ymg the locatIOn, mVltmg the lomt use and shanng costs, and reque~tmg d w nttcn rcsllonse with m fifteen (15) d a:y~ The apphcant has subnutted proof that he has complied 'vlth these reqUIrements The leiter, the list of users that the letter was sent to and the caples of notices scnt by rcglstered mail .Ire .Itt.Iched to thc applicatIOn b. Agrccment to allow future Jomt u~e. The allphcant shall sign an mstrument, which shall bc mamtamcd by thc Ot), agrccmg to cncourage and promote the Jomt usc of tclcLOmmUDlcation s tower.. "Ithm the Ot)' an d, to that extent, commlttmg that there shall be no unreasonable act or 01111'l'llOn that ",ould have the effect of cxdudmg, obstructmg or dcla)'mg the Jomt u\C of an)' towcr where fair and IU.,t compensatIOn IS offered for sULh mc. The applicant has slgncd an agreement and submitted It with the apphc.ItJon agreemg to encouragc JOInt use of the tower 111e applicant, Amencdll Infoage IS c.\.cluswcl y 10 the busmess of supplymg towers for collocatIon It should also be noted that Ule current agreement With AT & T and the School Board renders tlus need for future Jomt use on a ncw tower moot 3 Dcslgn Standard'l a HCIght. Smglc user towcn arc allowcd a maximum hClght of onc hundrcd and twent:y (120) fcet. Towers deslJ:,'I1cd for Jomt use may be !;,'Teatcr m hCIght prOVided the additIOnal hClght IS constructed COinCident With the actual use. Furthermore, c'\lstmg conformlOg towcr" may be increased 10 hClght to accommodate additIOnal users With a Levcl Onc Approval. Towers dCMgncd for two users are alloned a mal.lmum hClght of one hundrcd and fort), (140) feet. Towers dcslgncd for three (3) or more users arc allon cd a ma 'umu m height of one hu nd rcd an d m ty (160) feet. As prevIOusly mentIOned, the apphednt IS 10 the busllless of collocatIOn and profits from m.I'\lnUzlIlg the use of the tower The appilcanl has stated that the tower Will have more than three users and Ulerefore, has proposed .I tower of one hWldred and sixty (160) fcet t.Ill h. Setbacks. I. From rCSlllentlal uscs. Tower~ shall bc set bdck from cXlstmg rC'lidentlal uses a fh~t..ncc etlual to the hClght of the toner. Thc dlstancc shall he measured from thc ba~c of thc tower to thc re\ldentlalllrollerty Ime. TIle site plan labels the e.\.lstmg stmeture as "one story mason I)' office" However, from field observatIOn and research, tlle staff hdS detenmned that tllC e'\lstmg structure I s currently belIlg llscd as tllrCC dwelling UOltS TIle site IS zoned CommerCial whIch does not allow auachcd dwelling umts as a penmlled use AdditIOnally, the former zOl1lng was CommerCial General which also prolublled dwelling UllltS as a permitted use Therefore, Ule e'\lstlOg dwclhngs are an Illegal use and code enforcement actIOn ills been Illltmted on tlllS Issue Any approval of the tower Oil thiS site 'WIll reqUire tJle removal of the resldenlIaluses from the sHe P.Ige 4 Absent the reSldenl1al UllltS on tile subject propcrty, the proposcd tower does mcct the setbacks to other reSldenl1al property 111 the VIC1l11ty S111ce these resldentJaI uses are more than I GO fcet from the tower II. From hlstoflL d"tncts and hsted '\tructures Towers shall be set back a minimum of file hundred (500) feet from an)' NatIOnal Register HI..torlc Dlstnct and from an)' mdlvldual structure listed III the National Register of HistoriC Place'\ No NatIOnal RegIster Histone Dlstnct or mdWldual stmcture listed III the NatIOnal Register of Histone Places IS located wlthm 500 feet from the proposed tower III. From property hne~. Towers shall be '\et back from property hnes in accordance With the reqUlremcnts set forth In the ,onmg dl..tflct regulatlOll\. There dIe no setback reqUIrements set forth m the zomng dlstnet for tcleeommWHcatlOn tm\ ers The proposed tower and concrete pads on which to locate the commUnicatIOns eqUipment are setback from the property hnes bclsed on the buffer reqUIrements whJeh dIe tell feet from the Side and front property lines c. Color and fini'\h. Except for Jlamtmg or markmg reqUired by the FAA, to\\er'\ and su p portmg structu re~ '\hall be a neutral, non-glare color 0 r fim sh, ~o as to reduce llsudl obt ru Mvene'\'\. The tower appears 111 the submitted photographs to be fimshed m a reflective, metalliC color However, the apphcdnt has stat cd that the tower IS of a nonreflective ncutml color d FenCing. Tower~ shall be enclosed by a SIl. (6) foot high secUrity, masoniJ' or wood fenl-e A sl\.-foot l11gh cham Imk secunty fence IS shown on the submitted site plan e. Landscapmg/Screenmg. The perimeter of the tower "Ire shall be buffered wdh shrubs ..elected and Illaced to screen the ba '\e of the tower and. to the extent pOSSI hie, u Ith tree'\ scle<.ted and placed to mimmue the vertical scale of the to\\cr. A mlOlmum of ten (10) feet of landscape buffer shall be provided around the out'\lde of the reqUired fencmg The landscapmg de'\lgn reqUIres apprO\'al of a land'\capmg plan by the Commumt) Development Coordmator as a Level One Approvalm accordance \\Ith the prU\'I~lons of A rtKle 4 DIvISion 3 of thl '\ Dcvelopment Code. The applicant hclS not shown 10 feel of landscapmg around thc tower fence However, there IS ample room to locate the towcr closer to the c\.\stmg bUlldmg Il1 order to comply wllh l1us reqmrement The dpphcant has mdlcdted on the sIte plan that the tower site wLlI be surrounded by penmeler plantmg In compliance With the City's regulatJons The applicant IS provldmg the reqUired buffer along Vlrglma Street m addlllOn to the buITer reqUIrements for commUIlleatlOn towers f. lIIummahon. Towers shall not be artifiCially lighted except as reqUIred by the FAA At time of constructIOn of a tower, m cases \'\'here there are reSidential uses locatcd wdhm a distance which IS three hundred Ilercent (300%) of the height of the towcr from the to\\'cr, dual mode hghtmg shall be requested from the FAA. Page 5 Tower IllUminatIOn IS not eJ\pected to be a reqlllrement of the FAA for tillS tower and the apphcant has not proposed to 11Iummate the tower ~. Appurtenancc'\. Apl)urtenant bullding~ and structurcs shall conform to the standdrd~ ~et forth m the zomng dl~tnct regulatlOn~ Such bUlldmgs and strul-ture.. ~hall be screened from adjacent propertle~ and public streets. At a tower Site, deSign of the bUlldmgs and related ~tructures shall, when practlcahle, use matenals, colon, te'dures, ~crccmng, and land~capmg that will blend them mto the natural ..eltmg and ~urroundlng bUlldmgs to mlnlmlLe the "I"lIallmpact. No appunenant bUlldmgs are proposed at tins tune The apphcant has proposed slabs on winch the users will place theIr bUlldlllgs and eqUipment The slabs are screened [Tom adjacent properlles dlld streets by proposed Idndscapmg h. De~lgn. To the extent prachcable, the tower ~hall he deMgned to blend mto the surroundmg environment In order to protect the aesthetlc~ of the neighborhood where the tower IS proposed. The applicant has commllled 10 worklllg WltIl staff to provide the most effective deSIgn trealmcnt possible to blend (he tower mto the eJ\lstmg neighborhood Wan/ers. The de~lgn standards Identified above may be reduced or wlllved If such reductIOn or waiver uould better sati~fy the mtent of thiS DnlSlon and such mOllificatIOn or waner IS revleued and decided by the Commumty De\'elopment Board m concert with the applicatIOn for a Level Two Approval. The dPphcant has nol requested any waivers orthe deSign standards 4 AdvertiSing prohibited; required slgnagc and ~ecurlty. No tower shall be u~ed for alh ertlSlng of an~' type. and the placement of Sign s, other than warmng Signs an d small mJor mat on placards with emergency and owner mformatlOn, IS prohibited. AU tuwer~ must be rea~onably posted, in accordance \\Ith the Clt)' of Clearwater "Ign ordinance, and secured to protect agalR~t trespass. The apphcdllt IS not proposmg any adveruslllg 5. InstallatIOn and mamtenance .!.tandards. Owners shall mstall and mamtain tower.., telecommumcatlons faclhtle~, Wlre~, cahle~, fixture~ and other equillment m compllanl-e with the reqUlremenh of the NatIOnal EIL'Ctm" Safety Code and all FCC, state and local regulatIOns, mdudmg adopted bUilding code~. PrIOr to the Issuance of d certificate of occupancy for a touer, the apphcant shallllro'Vlde dn enb'lneenng certification that the propo~ed ~tructure meets such regulator')' standards, IOcllIdmg adopted bUlldlUg code !It.mdards for \'\'lUd velOCity. All towers shall achieve and mamtain compliance \lIth current radIO frequency emiSSIOns ~tandards I)romulgated by the FCC. The apphc<lIlt proposed to comply With tIlese reqUirements pnor to the Issuance of d Cenlficate of Occupancy 6. Removal of abandoned antennas and tower'\. Any telecommunicatIOn tower that does not support an operatmg antenna for a penod of twelve (12) eOlHecutivc months ~h.t11 Page 6 he con~ldered ahandoned And shall be removed or reactivated upon wntten notificatIOn by the City" Ithm ~Ixty (60) days of said notificatIOn. Failure to do ~o ~hall constitute a vIOlation of thiS Development Code. ThiS conditIon IS not apphcdble slllce no tower currently eXists on the site STAFF RECOMMENDATION: In sumnk1I}', the pnmal}' condlllon for allowlIlg a new tower IS that no reasonable alternative eAlsts for use of an e'dstmg tower A T& T dnd the School Board have now agreed to reconstnlct the e'\.lsl1ng tower on the Arcturas Site and to allow other Cdrners to locate oHthe reconstructed tower Further, AT&T IS 1R actlve negotiatIOn with the SIA other carners who arc viable III thiS geograpluc area and market to conlinn their partlclpalion Therefore there IS a reasonable dltemalive to a new tower which IS to reconstruct the AretUfas tower on the School Board Site Based on Ihe ei'dstence of tlus alternative Uns apphcal10n IS mconSlstent with the telecommurucatlolls regulal10ns and a new tower IS not Jusl1fied The Plannmg stafT recommends DENIAL of the proposed telecommulllcdtlons tower to be located at 505 Vugm13 Lane as requested by Amencan Infoage bdsed on Ule cntena of the telecornmul1lcatlOns regulatIOns of the CommuIllt) Development Code Prepared by Cyndl H<lfdm Ass]stant Plal~);Dlrector Ass]stant Plannmg Dlfector Approval tJ:lJt---' ~Y Planmng Director Approvdl A I tdclunents LocatIon Map Zonmg Map Aenal Photo Photo of tower sundar to Ule proposed tower Application Page 7 ~ ~ NORTH 1"=200' Aerial Map W1llWn & Hope Gt:orgilas 505 Virginill Lane FL99-08-07 .. CITY OF CLEARWATER. FlDRIDA PUBUC WORKS ADMINISTRATION ENGINEERING ~ NORTH 1"=200' Location Map William & Hope Georgllas 505 Virginia Lane FL99-08-07 SR. 60 ~ ~ ,. ili lEffMOS S iAAR~:~~~ST ~ ... Ii! '" s ., ~ ~ ~ III J[ '" 0 ~ Sf B AARY RO TUSC<U. IWN 5 OTTAWA ANll Y OR SA lSllMA ",~~u.M CITY or CLEARWATER, FLORIDA fd~~~ \l"~a) PUBUC WORKS ADMINISTRATION "'~& ENGINEERING 14/23 vi ,.....-:1""~ o ~ ,.... ......... ~ ~ f.:; 19 ti:i ~ - - g~g ~. ~, 32/18 w z :s -........... -- ,r;:;-.. 1 8 ,qn:> ''CI' (:[l ~30~ nl~ ~306 ~.lE-iJIJ'~ ~ = N310 ~ ~ 400 4 5 /21 N -~ /20 ;:!: <II t- \:: - t~ ~ - 4 4 116 < ~ ~ W_ 0 122~ 2" "is ~- ) - 511 ~ ~;q6 ~ 5158 C") ..-t 51S 621 10 I 528 '\; 12 525 2714 1>8816 535 18 - - 20~~ t-t- -- 6iiO 50 t- '" I:: 14 I--- 604 2 ....- 606 605 lD 13(1') I 60~,.,~ 3 301 1 2 8~ ~04 7 306 303~~-1':';:>: "'03 ~Of ~ \ 2 E-i 3 ~ 4 ~ UJ 402 VI 307 t:' lf~ .3 P::I Q:I 309~ ~ 4~ 311m 308 .... 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Nj N Q 60 ./ ~ \ ; _ ~1 '" ~ DL- 80Af OF rPU INS talJ.( jc:r FLEXIBLE DEVELOPMENT REQUEST OWNER.: WlllJam & Hope Georgllas I CASE FL99-08-07 ADDRESS: 505 Vlr91nlO lane I ZONING Commencel ATLAS PAGE: 298A \ SEC: 13 I TW': 295 I lANGEI 15E COMMUNITY DEVELOMENT BOARD 23/03 23/04 23/05 / 60 ... <\l ~ 60 Q ... ~ GULF TO R 60 BAY o '" s -.: ~ '50 ~ ~ 34 3J ~! ~~ : ~ 32/04 ~ '" ~ '" l8 - 1 c 2 33 t:11 $.11 IT 51~ 33 \ 510 5 512 :"" 7 Unlt)t of TIlle 9523-226. 32/03 2 510 512 514 515 o 32 32/05 505 50 3 9 518 32/06 ~f1G 519 o 31 - ~ 625 / 522 _ 32/23 32 16 .... 510 11 ti... 529 '-3' 526 32/24 32/15 " 512 531 ~53a 32/25 535 17~ 32/26 '" ... 541 t19 ~ ~ 32/27 5. ~ ..... J340 o~~ 53 15 wee '" Z ~ e= 600 W ~ 5l 520 4 32/07 51 ~ OJ 522 ;;0 523 ,;J 5 ~ ~ 3~ 6 526 ~ 527 j9 7 530 ~ 28 8 600 \ ~601 27 r \ t::S 5! 50 Q 49 I ..........~60~ \SO~ 26 v, .. -ra , 'i~~ 10 25 vl 0 it ) 1508 609 ;37 160 (70/7 11614 615 24 ',J I.."" 5" A-J 511 32/08 3~ Q ~ 32/1 4 < 516 Z <5 32/13 ~ 520 32/09 32/10 32/12 32/11 524 50 525 52 2 16 PINE S!, 5~ G t:) .1 701 36 B08 4lJEJ-926 J 700 "101 26 27 1 . .... \, )...I '7 Vu99-01.dwg Preoored bv EA- PubliC Works Admmlstrotlon .... --- ................ - -- 8~ <O<l;l-":;: ~ ;: ~ ,;: ;: ""'-I "'" "-,IIVU "!II ~ r.::'\ 1 8 .~n2 301 1 303...... 1 ... .. 1 1 303 1 10 302 ~03 ~1 ~304 2 ~04 305 2 i8a 30S 0 S04 ~Oli ~ -W 306' 2 S07 t:' 7 306 30'1 t':::\ 306A 2 '? 9 306 - \ 2 /':'\ 306 B 307 l- e-. ~.I.E-tJ 'tI ~ 30B 3~ -..:/ ~ 308 <.; (/) ~ 308 309 3 309 () ex) 308 g ~ Sa:> ::) 309~ 'lit E-t 3 30BA 311 3 )- z 6 SI1 C\l (/) N 8 >-- 3 ::= N310 ~ '=. 310 rl"l 3/0 ~ 313 (';;\ 310 < ;) ~ S 400 4~ - 400 ~ cb Pi! ~ z Z 401 400 0<( 400 :;;:; 5 5 402 4 JJ:: " 401 4. Z 0 4 ::J 3 4 0:: en 311 Ul 402}z 403 N ~ w 7 a 4 ::< 402 402 0. :J 402 / U U) 40S ~ 405 404 4 5 I In 40'1 6 U) 407 5 6 14/23 0 N 5 406 /21 0 409 410 409 5 , , 408 ,... l"l I"') 411 Ul 411 en \ N N 410 '" ~ vi ~ N Ire "- (!) /20 '<t 14/24 23/03 23/04 0 ..... 23/05 ...' "- ~ <Q <:I ... ... <:l <:l ~7 l"l to. <:I @ ~N \: to. 60 ;!! <'\I ; <D N <:I Q:l ... / 60 ~ 60 ~ 60 ~ ~ 4961 0 ~ GULF TO III BAY 0 0 s. R !O III 60 - 60 ;;:: (>:llQ "" "C <;2 ~~ ~ ~ "- ~ b. '" <0 en 33 l<l ~ '" '" b. ~ <0.. 50 It) ...... ... 32/04 ~ ~ w ...t ~ ~ ::) JJ ! C 1 34 z 4 3 2 1 ~ - ~ 32/18 w OJ 10 < 611 ..... 510 Z 511 \ fil.~6 1:0 5 -< 510 12 512 Un'!?: 0' Title -l 32/05 32/03 2 5/~ 33 95 3-2264 50S 612 14 6158 t") 014 SO 16 <Ii ..-t 7 514 515 DC=: - 0 32/06 3 o 32 18 ~ 519 r-.9 518 ~ ~ SfU 1 0 /' .- ~ 525 32/16 ifing S20 5/9 \ BOA; 22 523 \:. V 522 ci 32/23 510 32/07 4 0 31 U 52512 11 u 529 511 A-J III 26 32/24 32/15 511 522 AI 523 OF~ 2714 13 526 5 ~ 30 28 512 3~ ~ - - 531 32/08 INS 5 32/25 32/14 < 52$ In 627 ~3316 15530 Z 6 0 29 ~ - 535 516 32/09 ~ ,., (/l 530 534 G 7 18 17 32/26 32/13 0::: 530 531 ~ so: 32/10 7 28 , 20~~ ""19 541 520 ~ 533- ; ~ 32/27 ""-- ~~ 3J 32/12 32/11 600 \601 to 27 8 \ <.0 524 SO 525 - 55 54 53 52 9 I~ \605 600 50 '" 3J 40 51 50 49 26 \0 , <:I <D ~ ~ llil <:I <048 804 tsj ~ 14 15 w ~ <:I ~ ~ 600 Z ~ ... ~ ... ):\; \ - I:i ~~ 10 25 604 605 LD ~ 0 PINE S!., " 0 60B 60S '" ) 2 13 [") 16 .I ~t 50 :q 160 (703 47 11 24 I 608 W63-S26 '/00 G lo.J - 701 26 1"\ ~~ \.. ~~ 701 36 ~37 614 615 606 609 ...-I -z ,? -d- 17 l.&J 17ll'i FLEXIBLE DEVELOPMENT REQUEST OWNER: William & Hope Georgllas I CASE Fl99-08-07 ADDRESS: 505 Virgin 10 Lane I ZONING Commerlcol ATLAS PAGE: 298A I SIC: 1.3 I TWP: 295 lRA-NGI,l 15E COMMUNITY DEVELOMENT BOARD V.,99-01 dwg Prepared by EA- Public Works Administration ~D o [)O'DiO D }O~ m I ", ,~W l oaOIO; \ i r-1 HrI~1I1 ~ID~ f'"l"O.... PREPARED B) P W A E A FL99-08-07 ., , .. ~(ctearwater ....... 1...... ,.."..... ~ _ - ,.--/ '''''" y ~ H.\<6"~qq u FAX MESSAGE CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 100 S. MYRTLE AVE. CLEARWATER" FL 33756 (727) 562-4567 FAX (727)562-4576 DATE: V- e .>J J.. f'{". he QJ/p '\"" 3\ ~ - o.~\ -ln~C)O ~~~Dl), ~~r 0 \\.\~~a.q TO: FAX: FROM: MESSAGE: ~ e>~ \ 'tfJ'-^ f'\. ......r\. (l ~'(.LO [)-J\- NUMBER OF PAGES(INCLUDING THIS PAGE) ~ ~ NDV-17-1999 17 39 CLEARWATER CITY CLERK &rn:lltd ~ i6d /J1It; ;,,/1 iR/9 9 Jl-vmc2l/- 727 562 4086 P.002/006 Pd'dJ ~ (lL. ~' November 11. 1~19 . American InfoAge, LLC . . . . 2m tnmenan RoId, SUite 230, CJearuter. PL33'62 C127l5S6-022O 1~~ Pu(7ZJ)556-0417 ~ ~~~~~~\ ( . .; -.:d) 'b ' :P ) .J~ '"\ \..;-=..~ '" t\I \ -' ~ ~ ' \l-"""~ , n~'-Jf(,.\s:l~ --- - &. "'~ S ;'~f(,.~~~~~ of C c,\~ Michael 1. Robertu Qty MaDaeett Citl ofCleanwtet Qly Hall 112 South Oaceoltl Ave Clearwater, Pl33'T56 Re; Ameriea.u [nfoi\ge - CoImllWlication Towel' Dear Michael: I am writini to provide iDlbrmation on our efForts to provide lowa' ficilitia to OlE, N cxte~ PrimcCo a 3d potentially two other rP.nAnt. All three ofthesc earrim need to c:o-Iocate on Our to\W!'J' tn ~f't their ohUgatioli as required by their FCC COmMitment aDd to tbeir CUSloa:rs in tbe 8tt3. Tbese c:arrl= ~s have been actively attetDptins to IoRte their filcilitie8 in the area of our tower fOr as long aJ three yean without rewJt. l American lnfoAge has provided mdencc that the existiD& towt!r lit tbts Clearwater High School is structurally incapable of carrying any additiooaJ IoadizIa. See letters dated Ian. 3. 1996 and 10. 31, ] 996 t-:- Pate Enginccriag, Inc. Leroy Pate, a recopized expert in structural design of steel towers. mw.Ie a detailed study ofthG tower located at the hiah school Zltl8l' our site m:I determined that tht tower C8DDbt cmry additionallrnuiillg ~ furtb:r. that it is not bsI"b1e finao:iaUy to DlXlifj the tower. American 1I,1oAge ba" provicleci wip ad dala to the City of Clearwatct that it IbIld5 D11 the requiremems of tIE ordlQl1ftra govaning tcmu blopmcDt in the City. We have twice rceehoed a recollllD~ >ldaDon for appIoval by the Plannina Staff of., City. Resatdiui t be potemial fix muildi'1l the: existing tower on the high !clJooll am providina the 1bllo'\lDg information. lbe colt ofreloealJn& the equipment belonging to AT&T wxn the exmiDg tower to a Dew tower will be ill the fBDIC of$3OO,000. The cost to relocate the School Soard's eqUl pm.ent will also be substantial AT&. ~ _ has a thirty year 1eue (expiring in May of 2017) on the c:xistine tower for wbic a -"d a sUbStimrialSiilDuutof ~aey-. in IId~ aod pro".de(l other incentives to tb! School aT&T has- ~ ~ to ~ to RlCeive the benefits iOI whidJ it baa paid.' This Ie4se pro 1 i~ bi cbDa~u),DslMuttJl "I would allow the SdY.tOI Boar~ City or ~)'Oae cbc to ~ AT to move fiOm . ~lwct1 AtIacbod is · copy of Ibis .....lbr)'OUr revIow. NOV , 8 1999 L!::J ! PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER ~,NDV-47-1999 17 40 CLFQRWATER CITY CLERK 727 552 4085 P 003/005 / ',;.' ," It should bt: obvious from the above that there is DO probability that the tower a& the high S<ihool is going to :JO rebuilt urdess some entity other that AT 4T providea OWl' $400,000 in cash for relocation oost.-l; proV1des tee n:nt to AT "T fbr at least. the next 5e\'eJltcen and one--balf yc;an; provides an additional S 180,000 to $220.000 to buikla DeW tower aDCl remove the exlstmg o~; and provides :k!ditional space 00. the ground tbr the relocatioa. Even UtM above coati. which woukl ~ S6OO.000, were sdvmeed by the City of Clearwater and/or the School Board the resulting new tower 'MJuId only accommodate the School Board facUlties, AT &1, and one or possibly two carriers.. Who is to dec;ide which carriers w;e to be excluded? Any sueb exclusion of one Qr two earners is certain to require additional tower(s) or to inslJre $UGCC~EuIlawsuit(s) apiDst tho City 8I)d. County, and prababl)' both. AdditioJW1y. twe ;)t three earners would be left without covaa,ge for their customers. This result NIlS entirely cont tary to the expressed goals of Section 3..2001 of the Cleatwater Land 1Jevelopment Reg.1la.tions. I Lastly, [should poirtt out that tbe ordinance oftM City DfClc1I'W&tcr does not allow the City to deny or filrther delay American IDfoAgt's application based on a requirement to locate tenants on a town ~bc built. The ordilUlftU addresseS only existin2 tDwers. This !lituatioa. is fUrther exacefba1.~j by the fact that there is little probability thaI a nr:w tgwer to repia.oc the exlStinc tower will ewr be built for the reasons given above. To continue to delay or deny the l~ Carriers (Gll!. Nexte~ and Sprint) from proYiding service to um area is placing them at a cpmpetitive disadvantage to eanien cumntty able to provide this service. It is unfair liDaDcially, and is discrimina tory to these Carrien &nd theJr customers. 1lns unfair and discriminatoty practice bas beeEl :~oing Oft 5inu 1996 - thJs iJ certainly WftI5Oaable. I hope tht: above information IS of assiStanCe to you In undeMapd,~ the thmtrstions of ~se carriers wbtl are required by their charter tiom FCC and the ueeds of their customers to provide competrti~ ser\'icc in this srea. Should yo J have any questions or destre additional infbnnation please live me a call 6~~ - TOTAL P 02 ~,NOU~17-1999 17 40 CLFn~WRTER CITY CLERK l2.on1. -'(). DCX IT f"J ,;'1 (/HiI 1 '7 ?27 562 4086 P 004/006 ;j;f.om z IJ . , ~ , ." I ~ --I 1 , ") ; I,,, .. l l ...l.... ~Irw# .. .. .. I.;''., ~.... ~. I"...... , . ... I,.,~ . . '~Wh.....~ i 4 l~l"~~ ~~).... ., . CITY OF CLEARWATER j~ ~ I PO$T Omes &x 4748, ClIAIWAru. Ft.O~ 3375&-4748 Cnv HALL, 112 SoI1J1f OSCECtA A~!. Cl.u.RwATilt, PLORlDA 33756 1'EwfloNE (/21) 5624040 FAX 021) 562-4OS2 I' ~. .fl_ I I ~.. ~ .. . ~ _" " I 0Tv MAtl.\GEIt November ~ 1999 J. Howard Hmes1ry, MD. Superintendem of Piudlas County Schools P~g: Office Box 2942 l.ar;o, Florida 33779.2942 Dear Dr. Hinesley: Thank you for meeting with me last Friday to discus.s our IIltIt1.I.al aUlcems ~ cellular transmissions. A$ we discussed. the existing cellular toWer on the Clearwcer Hsb School propeny serves the School Board lUd AT & T. American loIoage has submiaed an appbion tD the Qy of Oearwata- to bWld a new toWer to be loc:aud at 505 Vuginia Lane, south of G.t1f to Bay BoWevard and just east: of Keene Road. Due to the proximity of the existing toWer on the school site and the proposed new site, it seems prudent ro evaluate whether the existing site at the high school can ~ccommodatc the potential new cellular users. We agreed in our meeting that the School Board and ~e City would work ~ with American Infoage to attempt to develop a solution to this issue through co-Iocation of seven! ceDuIar users on the school site. I would ac receiving & c:onfinn:aion from you regarding this so that the City of Clearwater can begin a' . on 'With Amerieaa Info.. Thank you again for your wiI1in~l!tJ to work with the City of ~ in deveJopiog a solution acceptable to aU involved. C- Michael J. Roberto City Manager - :... r.::=\J P n W rc: . :;= i( I~ 1\ lS ...1 ) L:::ll:::::!) b U 1 ' I Ll NOV I 8 1999 :j PLANNING & DEVELOPMENT SERVICES CITY OF CLEA8WATEA ON! CITY. ONE FI.fl'WB. &1A.,c J. AuNG.~'. MAYOIl..(;oMM1$StONU ED JIOOf'tR. Vlc! M4YOR<oJotWl~t~U to Ru:r, CoNIICrr..~oma PLANNING & DEVELOPMENT SERVICES cnv O~ ClEARWATER L_ e Bo&CWJ:. Coo.oo.woxell ] .B. )otuaow. JIl., CoMWl$.SJOl'l'E\I. ~3lVMl:/V318.:JO All8 ~ S.il8 1MB S , . .l,N3~dOl.il^3a ! '8 ~ NINNV1d :1 6661 8 I AON CI)()...U)~ X \ \:) ft.~~!O -. - 0- - ilfJ - "'3 - c:::: . ..~. OJ ~ It. :s ~ - .,.J OJ Q. L___ g. ~ I ~ ~ c.i L' .. ~ f . .' \ " . . - , ~ - .- . -- .: , , :O"~~[D - " - "":::::-- .. - ~ tn--O~ . " o~!'aff ~ . ~ 2.=- ~.."'I .-..0 ~il~~ ~ c;. Z '<-. o :l :JeD -- )( N"" mS' - CP "D - -< Jh ~5' .0 . .~~: .3 coO' et.,... ~~ C'" -'if > ~ c ,. UJO' w@ ~tn to to !lflo l>>t -. .. g.; == .- ~n CL\:"J ~ .0 Co . frO c!t ('lI (ItA 0 ~ .." ~.@ .a, (l)t< 0% :Jell o?:S, ~ ::JG. 1>>. .' .. (IIn ~ _0 , ~ j '. ' Li'3 ~ .. ~\ ~~ ~~ ~ ~ ~~ '. J~ ii" 900/S00'd 98017 c9S ,I.Cl, ~~3lJ AllJ ~31~M6v~lJ "[:17 l."[: 566"[:-,1."[: ~1l0N . '\ 'oJ \ NDU-17-1999 17 41 CLFoRWRTER CITY CLERK ~.Dtu.Mmkj- /(1;~17q 14urn Jil "PM1"l1STlAr1O~ 811lLPI....t;. )OJ. fourth St cd S. W N). lIo:< .Iii 2 u'p,I-I. l'''~69-t~ (71n ~1.S13 F....)(m1J~ SdlllGllolrd ,,( "ulw COUll', FWruu ou.~ uelelS)i.rmll V;o;t Cl\&!rn.n Wu R. Ga5JEI' ~J> ~rll:)' "I ~Qi;k Jsnt c:.a' \1(('1 SUt.1ft ~1a L'nda'i ...tnIt:l: i1l<<nUc. T0Q4 S~",erll"~cn' J tiow..ra H,~cy, e, c I'llltlw. CD"Ql! Sc 1tt1oI~ l ... cqllG 1ll1lfl'7;oo '11)' 1"'111 all >#IJOr' 1 dl<UllCln ""lIt:..,.y>Ual ft; 727 562 4086 P 006/006 ~ l:P{~ ,.",.,.--- - - PlNELLAS COUNTY SOfOOlS g.-_~ .su.~ 04-~ 1'Ww.-. RECEIVED November 10. 1999 NOV 1 5 1599 Mr. Mtchael J. Roberto City Manager City of Clearwater 112 South Osceola Avenue Clea.rw-atcr, FL 33756 CITY MANAGER'S OFFICE' Dear Mr. Roberto. I've rece~ved your letter of November 2, 1999 and. request for confirmation referencing a meetmg Wlth both your representative and Amencan Infoagc. Our position is, by contract. we share a mutual usage on the tower witn AT&T on our Arcturas property whleh is adjacent to Clearwater High School. This contract dictates any co-locating, removal or adding or any equipment has to be consensual by both AT&T and the School Board. Secondly, we have Just bid a brand-new communIcations system that will impact the space on the e;IQ5Ung tower. Therefore, we are only agreeable to a meetIng If AT&T rcpre&entat1ves are also present and involved in the disCUSSIon and final outcome of the use, removal or eo.loeating on ttus tower. SincerclyJ . ~ HIllC8lcy, Ed.D. Superintendent of Schools ~( oY ;:""\.'>i' r\f .~'C . \ "- ...... .~, --,. r ~ I --- I -.. ~')~~ \ 1 II NOV I 8 1999 PLANNING & DEVELOPMENT SERVICE9:oTQL-P e1 GllY OF CLEARWATEH --~ -~ I lQ): Pn",nln~ld Pa~ TOTAL P 006 : <tearwater u Planning and De velopmen t Se nlCes Admmlstra aon TO CIty Clerk FROM Amy Ruscher SUBJECT Amencan Infoage file DATE July 8, 1999 This was recently sent In the mall and need to go with the COB packet for the July 20th, meeting date and needs to go with American Infoage file of onglnals that you have there In your office ThiS IS the onglnal Jetter, I have a copy In our file already If you have any questions please call me at 4579 Thank you ... July 7, 1999 Mr. John Asmar PlannIng & Development Services CIty of Clearwater P.O. Box 4748 Clearwater, FL 33758 o [E(C[E~~[E D) Jl-S. PLANNING & DEVELOPMENT Dear Mr. Asmar: SERVICES CITY OF CLEARWATER I am not in favor of allowing Mr. Georgllas to build a communIcation tower at 505 VIrginia Ave., Clearwater, known to you as CDB 99_08. ThIS same request has been turned down by the city in years past. EVIdently Mr. Georgllas does not know the meaning of the word NO. The land in questIon/has over the years been Improved from a 52 famIly unit parcel to a 28 unIt, and then to an 8 family unit parcel. I believe this to be true unless there have been changes that I am not aware of. Why mar a family parcel wIth an unsightly tower? Why present a structure that might present a danger to the chIldren In the neIghborhood? Why present an ugly sight to Incoming visItors to Clearwater? I don't see other up and coming cities bUIlding towers on their incomIng roads. Why consider building a tower on a parcel adjacent to an R-l resIdential zone? Unfortunatly, Mr. Georgilas has not been able to enjoy a successful property investment in this parcel WhICh also contaIns 2 seemingly unsuccessful restaurants, so why should he be allowed to further downgrade the land and his investment? Please try to beautify the area, not deface it with a tower. Once again, I object the request to build a communIcatIon tower In a resIdential area. Thanking you in advance for your consIderatIon of the contents of my letter and also for allowIng me the privIlege to have my say concernIng the subject. S1~Z~ S-~/ Hamlin S. Fenn,Jr. 1830 PIne Street Clearwater, FL 33763-6256 1 CITY or CLEARWATER, FLORIDA PUBLIC WORKS ADt.CINISTRATION ENGINEERING VICINITY AERIAL MAP DATE FLOWN 12/09/96 VAR 34 505 VIGINIA LANE _rt EA _rt 1UI _rt NIA NDRTH SCALE 1" = 200' 06;;~/99 11.I_ V99-01 IHIE'I 1 rs 1 --...: 'T- ~ NORTH 1" = 1 320' Location lvfap 505 VIGINIA LANE o c:::=J I J~ , Q ~nuwoo; s'"Q D~<:.o.Il- :1. ~DR ~ C:::.) 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I I i ~ to 48 604 600 ~ i 1 0 ~\ 25 805 ~ PINE c::r , 608 909 FILE NAME: V99-01 FLEXIBLE DEVELOPMENT REQUEST OWNER: WILLIAM & HOPE GEORGILAS I CASE it VAR 34 ADDRESS: 505 VlGINIA LANE I ZONING COMMERCIAL ATLAS PAGE: 298A I SEC. 13 I TWP. 29S I RANGE: 15E COMMUNITY DEVELOMENT BOARD Prepared by EA- Public Works Administration I, I I , ~ -=-::O~"'~ "-I;, -"';:'""':;: ~~ -. 1 ~ =-=-- -~..~ -,'i.. -- h . SOUTHEASTERN ENGINEERING & CONSTRUCTION, INC. 2727 Ulmerton Road Suite 230 Clearwater, Florida 33762 Phone: 727-556-0220 Fax. 727-556-0417 June 17, 1999 Antoma Gerli City of Clearwater Piannmg & Development Services Admn. 100 South Myrtle Avenue Clearwater, Flonda 33756 Re: CommunicatIons Tower - 505 VrrgmIa Lane, Clearwater, Fla. Dear Antoma I have reviewed the entire area which would accommodate a communications tower to serve the area of need at this time. The only tower in the area is located at the htgh school east of this location It IS questIonably even adequate for the eXlstmg usage The Pinellas County School Board does not intend to expand the capabilities of this tower The site we have selected for the proposed tower IS the only location available to serve the area of need We are provldmg capabihty for additIonal service proVIders to minimize the need for towers in the future I J l~ CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT FOR DRC MEETING BACKGROUND INFORMATION: APPLICANT Amencan Infoage, LLC PROPERTY LOCA nON 505 Virginia Lane LEGAL DESCRIPTION South 100' of North 250' of East 1645' of West 492 88' of Northwest '4 of Northwest If. of Southwest If. less road REQUEST FleXible development approval 10 construct a 160' tall Telecommurucatlon Tower SITE INFORMATION: ZONING C - Commercial EXISTING USE One-story masonry office brnldlOg ADJACENT LAND USES Adjacent land uses are commerCial STAFF ANALYSIS CRITERIA FOR TELECOMMUNICATION TOWERS (SectIOn 2-704 L): 1. No telecommunication tOl\er is located on Clearwater Beach. The telecommurucauon to\...er WIll not be located on Clearwater Beach Therefore, the applicant has met tlus cntena 2 H tbe telecommuDlcation tower is located within a scenic corndor deSignated by tbe City of Clearwater or a scenic noncommercial corndor deSignated by the Pmellas Planning Council, the applicant must demonstrate comphance With the design criteria in those designatIOns. The telecommurucallon tower IS not located Wltlun a scemc comdor deSignated by the City of Clearwater 3. The deSign and constructIOn of the telecommuDlcatlon tower complies with the standards in Article 3 Dn'lSlOn 20 as follows: 1. Joint use of existmg towers required as an alternative to new tower constructIOn. Jomt use of eXIsting telecommUDlcations towers or other existing buildings or structures is reqUITed as an alternative to new tower construction whenever feasible. Therefore, an)'one considering new tower construction, must first explore other options. Pnor to the Issuance of any buildmg penDlt for a new tower, aI determination must be made tbat no existing tower or otber structure IS available as a reasonable alternathe. An applicant requesting a permit for a new tower shall submit e\'1denee to the City that supports a conclusion that no reasonable use can be made of any eXlstmg tower or structure. The evidence shall clearly establish one or more of the followmg conditions: a. No eXIsting tower or stmcture is located within the geographic area required to meet the apphcant's co\'erage reqUIrements. b. EXlstmg towers or structures are not of suffiCient height to meet the applicant's engineenng requirements. c. EXIsting towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related eqUIpment. d. The applicant's proposed antenna would cause electromagnetic mterference with or would be mterfered with by other antennas If placed on any existmg tower or structure. e. The fees. costs or contractual proVIsions reqUIred by the owner in order to share an existing tower or structure for a time period of twenty-five (25) years, exceed the cost of developing a new tower. f. It is not financially feasible to modify or replace an eustmg tower to accommodate tbe proposed antenna. g. The applicant demonstrates that there are other legitimate limiting factors that render eXlsting towers and structures unsuitable. The applicant has stated that the proposed tower must be In thiS geographIc area In order to cover a spectfic range ofbroadcastmg The only other tower III thIs area IS located on the High School property and IS In poor conditIon It cannot structurally hold more \\-elght and therefore cannot accept any more antennas The applicant, however, has not subnutted eVldence to support these conclUSIOns Pnor to schedulmg the apphcatlon before the Commumty Development Board, the apphcant must submIt tlus eVldence 3. Jomt use of new towers required. Joint use of any new telecommunications tOl\er is required whene\'er feasible. In order to promote jomt use of new towers, pnor to the Issuance of a building permit for a new tower, the applicant shall demonstrate a commitment to joint use as follows: a. SolicitatIOn of additional users. The applicant requesting the penmt shall submit e"idence to the City demonstrating that a genume effort has been made to solIcit additional usen for the proposed new tower. Evidence of this effort sball include, at minimum, copies of notices sent by registered mad, return receipt requested. to all other pro\1deNl of cellular and personal communication semces in Pmellas County, Flonda. advising of the intent to constrnct a new tower. Identifymg the location, invItmg the jomt use and sharing costs, and requesting a wntten response within fifteen (15) days. The apphcant has subnutted proof that he has comphed WIth these reqUlrements The letter, the list of addluonaI users that the letter was sent to and the copies of notices sent by registered mall are attached to the apphcal10n a. Agreement to allow future joint use. The applicant shall Sign an IDstrument, l\hich shall be maintained by tbe City, agreeing to encourage and promote the joint use of telecommunications towers within the Ctty and, to that extent, committmg that there shall be no unreasonable act or omiSSIOD that would have the effect of excluding, obstructlDg or delaymg the jOlDt use of any tower wbere fair and just compensation is offered for such use. The applIcant has not Signed an agreement but has mwcated that he IS willIng to do so after approval of the apphcal10n by the Commuruty Development Board 4. DeSign Standards. a. Helgbt. Single user towers are allowed a maximum height of one bundred and twenty (120) feet. Towers deSigned for joint use may be greater ID height pro-rided the additIOnal height is constructed coincident with the actual use. Furthennore. eXIsting conformmg towers may be increased ID belght to accommodate addihonal users with a Level One Approval. Towers deSigned for two users are allowed a maximum height of one hundred and forty (140) feel Towers deSigned for tbree (3) or more users are allowed a mllXlmum height of one hundred and sixty (160) feet. The tower Will have more than three users and IS proposed to be one hundred and Sixty (160) feet tall Therefore. the applIcant bas met tills cntena b. Setbacks. i. From reSidential uses. Towers shall be set back from eXlstmg reSidential uses a distance equal to tbe heigbt of the tower. The distance shall be measured from tbe base of tbe tower to tbe residential property line. The tower WIll be located at least one hundred and Sixty (160) feet from any reSidentIal uses Therefore the applIcant has met thiS cntena Ii. From historic districts and listed structures. Towers shall be set back a mmlmum.of five hundred (500) feet from any National Register historic district and from any mdlVldual structure hsted ID the NatIOnal Register of Historic Places. The tower WIll be set back further than five hundred (500) feet from any NaUorw Register Hlstonc DIstnct and from any mdlVlduaJ structure listed In the Nauonal Regtster of Hlstonc Places Therefore. the applicant has met tlus cntena m. From property lines. Towers shaH be set back from property lines ID accordance with the requirements set forth m the zoning dlstnct regulatIOns. There are no setback reqwrements set forth In the zomng d1stnct for telecommumcaUon tOl\ers Therefore, tlus cntena does not apply to the applicant c. Color and finish. Except for paintmg or markmg reqUired by the FAA, towers and supportlOg structures shall be a neutral, non-glare color or finish, so as to reduce VIsual obtrusiveness. The tower appears In the submItted photographs to be fintshed In a reflecuve, metalhc color and does not meet llus cntena The apphcanl should submit a color sample of the proposed tower that complies Wlth this cntenon d. Fencmg. Towers shall be enclosed by a six (6) foot high secunt), masonry or wood fence. A chamhnk secunty fence IS shown on the submltled site plan Therefore, the apphcant has met tlus cntena e. Landscapmg/ScreenlOg. The penmeter of the tower site shall be buffered with shrubs seletted and placed to screen the base of the to'l\oer and, to the extent possible. with trees sel<<ted and placed to minimIZe the vertical scale of the tower. A minimum of ten (10) feet of landscape buffer shall be prOVided around the outSide of the required fencing. The landscaping design reqUIres approval of a landscapmg plan by the CommuDlty Development Coordinator as a Level One Approval in accordance with the proviSIOns of Article 4 DlvislOD 3 of this Development Code. The applicant has not prOVIded a landscape plan at tlus Urne The applicant has indicated that landscaping per code \\111 be prOVided A landscape plan must be submItted to and approved by Staff pnor to the ISSuance of any penmts f. Illumination. Towers shall not be artifiCially lighted except as reqUIred b) the FAA. At hme of construction of a tower. in cases where there are residential uses located l\lthm a distance which is three hundred percent (300%) of the height of the tOl\er from the tower, dual mode hghtmg shall be requested from tbe FAA. -'- r; The tower IS Dot reqwred to be lllwrunated by the FAA and the apphcant has not proposed to Illummate the tower g. Appurtenances. Appurtenant bUlldmgs and structures sball conform to the standards set fortb ID the zonmg district regulatIOns. Such buildlOgs and structures shall be screened from adjacent properties and pubhc streets. At a tower Site, deSign of the buddmgs and related structures shall, when practicable, use materials, colors, textures. screening, and landscapmg that will blend them mto the natural scttmg and surroundmg bUIldings to mmimize the Visual impact. No appurtenant bwldmgs are proposed at thts tIme The applicant has proposed slabs on WhICh the users \\'Ill place theIT bwld10gs and eqwpment The slabs are screened from adjacent propertIes and streets by proposed landscapmg Staff Will suggest a condItIon to the Board that all tower users place bwld10g and eqUipment on the approved slabs b. Design. To tbe extent practicable. the tower shall be deSigned to blend into the surroundlOg environment in order to protect tbe aesthetics of the neighborhood where tbe tower IS proposed. The tower appears from submitted photographs to be a standard telecommurucatIons tower and does not blend mto the surroundIng enVIConment However, the tower IS shielded from Gulf-to-Bay and IS located at a sIte that IS not lughly VISible Therefore the applicant has not met tlus cntena i. Wan-en. The deSign standards Identified above may be reduced or waIVed If such reduction or waiver would better satisfy the intent of tbis DiviSIOn and such modification or waiver IS reviewed and deCided by the Community De\'elopment Board in concert wIth the apphcatlon for a Level T",o Approval. 4. Ad\'ertlsing prohibited; reqUired signage and secunty. No tower shall be used for ad\'ertising of any type, and the placement of SIgnS, otber tban warning signs and small mlor mat on placards with emergency and owner mformatlOn, is prohibited. All towen must be reasonably posted. in accordance with the City of Clearwater Sign ordmance, and secured to protect against trespass. The apphcant IS not proposmg any adverusmg Therefore, the applicant has met thts cntena 5. installation and maintenance standards. Owners shall IUstall and maintalU towers, telecommunicatIOns facilities. Wires, cables, fixtures and other equipment in compliance With the reqUirements of tbe National Electnc Safety Code and all FCC, state and local regulations, including adopted building codes. Pnor to the issuance of a certificate of occupancy for a to",er. the apphcant shall provide an engmeenng certification that tbe proposed structure meets such regulatory standards, including adopted buildmg code standards for ftlUd velocity. All towers shall achieve and mamtain compliance ft Itb current radiO frequency emissions standards promulgated b)' the FCC. The reqwrements set forth 10 number 5 above \\'Ill be met pnor to the ISSuance of a CertIficate of OccupanC)' ;"... . 6. Removal of abandoned antennas and towers. Any telecommunication tower tbat does not support an operating antenna for a period of twelve (12) consecutive montbs shall be considered abandoned and shall be removed or reactivated upon written notificatIOn by the CIf)' wlthm sixty (60) da)'s of said notificatIOn. Failure to do so shall constitute a VIolation of this Development Code. Not applicable STAFF RECOMMENDATION: Based on the application and the site plan, staff recommends approval of the request subrmtted by Amencan Infoage, LLC to construct a Telecommurncatlons Tower at 505 VlfglDIa Lane With the condItions listed 10 the staff report 4> ::> \ 4 Case VARl 999-F2008 - CommuOlcatlon Tower - 505 VlrglOla Lane Owner lapphcant M Iller Cooper, American InfoAge, LLC Representative Edward Armstrong, Attorney Location 0 37 acres located on the east side of VIrginia Lane, approximately 150 feet south of Gulf-to-Bay Boulevard Zoning C, Commercial DIstrict Proposed Use A l60-foot commUOlcatlon tower and three concrete equipment pads Request Flexible development approval of a commUnication tower Assistant Planning Director CyndJ Hardin requested that the COB consider David Duolong as the CIty's expert In the telecommunications field She presented his resume to the Board Mr Duolong has more than 20 years expenence In the telecommunicatIOns held and 11 years experience In utility Industries He has managed telecommunications proJects, was a communications officer, and now serves as a commUnicatIOns director Mr Duolong has provided technical and consulting assistance to munIcipalities In siting towers, specifically regarding tower aesthetiCS as they relate to a community Member Petersen moved to accept David Duolong as an expert witness In the area of telecommunications The motion was duly seconded and carned unanimously. Ms Hardin reviewed the history of the request On May 25, 1999, the application for a tower at 505 VirginIa Lane was submitted and heard by the COB on July 20, 1999 The COB continued the case to September 21, 1999, to allow investigation of the feasibility of uSing the tower at Clearwater High School That meeting was canceled due to Inclement weather and the case was rescheduled On October 5, 1999, the COB continued the case to November 16, 1999, and requested senior City staff contact senior School Board staff to conSider solutIOns On November 16, 1999, the COB approved the application With conditIOns On December 14, 1999, neighbors appealed for reconSideration of the case, which the COB approved Ms Hardin said Since December, SignifIcant developments have occurred On January 10, 2000, a meeting was held With staff, School Board representatives, and AT&T Wireless representative Kevin Becker Ms Hardin referred to a letter from AT&T IndIcating the firm WIll reconstruct a tower on the School Board site at AT&T's expense The School Board confirmed negotIations With AT&T and Indicated they support the reconstruction She said the COB needs to consider If a reasonable alternative to the applicant's request eXists During prevIous discussions, It had not appeared a reasonable alternative was possible The AT&T representatIve has confirmed that a 1 55-foot tower IS feasible for the Clearwater High School site considering ItS proxImity to the airport and FAA requirements Mr Duolong confirmed that the reconstructed tower can accommodate carners as an alternative to the VirginIa Lane site Ms Hardin said the Code requires JOint uses of eXisting towers as an alternative to new tower constructIOn Staff feels, based on the AT&T and School Board agreement for the Arcturas site, th at a reasona ble mcdO 1 bOO 10 fiLe 01/25/00C/JN / l" alternative to the applicant's proposed site eXists, and that a new tower IS not necessary The applicant has indicated Intent to accommodate 3 users on a 160-foot tower at the Virginia Lane site Ms Hardin said the applicant's prevIous site plan had Identified the Virginia Lane property as an office Staff has determined that the subject property has a multi-family use The proposed tower cannot meet setback requirements related to resIdential uses unless the eXisting use IS changed AT&T IS negotiating with 3 other carners Conslderrng the new agreement between AT&T and the School Board, staff feels a reasonable alternative to a new tower eXists, the application IS Inconsistent with telecommunications regulations, and a new tower IS not Justified Staff recommends denial of the proposed tower at 505 Virginia Lane In response to a question, she said It appears that the tower could be desIgned, bUilt, and shipped to the site within 120 days Ed Armstrong, representative, requested the record of pnor hearrngs be Incorporated Into this hearrng The Chair said as there were no obJections, the record of all prior hearings will be Incorporated Into this heanng Mr Armstrong said the Code refers to JOint use of eXisting towers He said attempts have been made to create a new tower and approprrate a bUSiness opportunity created by Amerrcan Info Age He said the proposal IS too speculative and two towers will be needed He said the applicant has met Code requirements and his application should be approved Robert Kersteen, GTE retiree, reviewed needs related to telecommunications towers He said new digital technology reqUires antennas to be placed where service IS needed He said collocation requires phYSIcal separations on a tower He said It IS Impossible to determine If all carners can eXist In a small area on one tower HIs opinion was that a second tower IS necessary to accommodate 7 carners Mr Duolong agreed It IS difficult to determine the number of carners a tower can accommodate, as each carner reqUIres different frequencies Users must cooperate to avoid reception Interference He said It IS pOSSible to place 7 carners on a 160-foot tower In response to a comment, Ms Hardin said the Code caps new tower heights at 160 feet for those serving 3 or more carners Staff's records Indicate that the School Board tower, approved at 160 feet, could be Increased to 200 feet With approval of a FleXible Standard applicatIOn Darryl Richards, representative, was unsure of the number of carners being conSidered The applIcant proposes three users on a tower designed for five It IS proposed up to seven carners and, pOSSI bly, the School Board could locate on the tower proposed for the School Board site Miller Cooper, applicant, said 11 5 feet IS the lowest elevation anticipated on Amerrcan InfoAge's proposed tower He anticipated an additional carner could be mcdOl bOO 1 1 01/25/00 I. accommodated at 100 feet and provide coverage of 1 - Y2 miles He suggested carners provide that information In response to questions from Mr Armstrong, Ms Hardin reviewed staff's current recommendation based on AT&T and the School Board providing a reasonable alternative to the proposal She said Code does not reqUIre staff to demonstrate that the tower wIll accommodate all local carners Mr Armstrong said the applicant meets one of the crlterta listed In the Code and IS entitled to approval Ms Hardin said all 7 conditions must be balanced to determine If a reasonable alternative eXists Mr Armstrong disagreed the Code stipulates the balancing of provIsions In response to a question, Ms Hardin said It IS feasible to bUild a new tower on the School Board site, transfer services from the eXisting tower to the new one, and remove the current tower Concern was expressed the City's position IS based solely on the availability of a reasonable alternative DIscussion ensued regarding modifIed towers and their status as "exIsting {J City Attorney Pam Akin said the fact that a tower can be modified meets the requirement for an "existing" tower Mr Armstrong said the modified tower IS a "new" tower It was noted the Code states a tower may be replaced and be considered "exIsting {J In response to questions from Mr Richards, Mr Duolong said he IS familiar with the School Board tower He has not reviewed Amerrcan InfoAge's application but has knowledge of It He did not know the height requirements for all carners He said the School Board tower currently cannot accommodate additional users He has done no englneerrng or Interference studIes regarding a new tower and IS unaware of agreements between providers regarding placement on the proposed tower He said the tlmeframe for AT&T to go forward with leases depends upon negotiations He did not know how many towers In Clearwater and Orlando accommodate up to 8 users He said It IS unusual for a 1 60-foot tower to accommodate 7 to 8 users He said It appears that AT & T Will reconstruct a tower at Its expense but was unsure If AT & T Will charge other carners for construction costs AT & T Wireless Services representative Kevin Becker said at a recent meeting, the School Board had agreed to allow AT&T to replace the eXisting School Board tower to accommodate as many carners as possIble He said 6 carners have expressed Interest and he has letters from 4 carners supporting AT&T's proposal at heights that are viable He said this coheSive effort prOVides a win-win situatIOn for the School Board, the carners, and the City He said the tower's maximum allowable height IS 166 feet, according to FAA regulations He said the new tower Will be able to accommodate a microwave dish for the School Board He said the new tower must be deSigned to accommodate all carners and antiCipated the tower's deSign would take less than 45 days He said It may be pOSSible to complete the tower Within 6 months In response to a question, Mr Becker said School Board Issues have been resolved AT&T has not done any Interference or Intermod ulatlon stud les done for the proposed tower If carners feel It IS necessary, he said those studies Will be done Mr Becker said he has no contracts With any of the prOViders he mentioned to locate on the new School Board tower, and no contract With the School Board to bUIld the tower He did not know how much a mcdOl bOO 12 01/25/00 1. new tower will cost He saId AT&T will coordinate the constructlO n of a new tower and the costs Mr Richards said Amencan InfoAge's application has been before the CDB for 7 months and the firm could provide service to carners wIthin 60 days of approval He sa Id AT&T's proposal would delay service for 4 to 6 months In response to a question, Mr Becker said onglnal terms of AT & l' s contract with the School Board did not allow collocation Mr Becker was not familiar with carner agreements with Amencan InfoAge Mr Becker did not know the cost of a new tower but said AT&T Will coordinate the constructIOn He said no costs Will be borne by anyone other than AT&T, the carners, and the School Board He saId the process Will start soon Mr Becker said the eXisting tower Will be removed once a new one IS bUilt He said no tower at the School Board site currently can provide a reasonable alternative to American InfoAge's proposal Assistant School Board Attorney Jim Skaggs said the tower's 30-year lease on the School Board property continues until 201 7 The contract allows modificatIOns and replacement of the tower He expects School Board costs Will be minimal He said a 1 66-foot height IS not a problem Seven persons spoke In opposition of the application Bob Shields, radIO design engineer for GTE Wireless, said for 3 years his fIrm has tried to find a carner site In the area He said AT&T has requested his firm use antennas, which require an additIOnal cell Site, a mile or two away He felt lighting of the tower Will not be required He said more towers are required If they are of lower heights He said locating 7 carners on one tower would be a challenge and the number of frequencIes IS hmlted He saId digital technology IS vulnerable to Interference He said In 2003, new technology Will require added bandWidths and good signal management He said as additional cells are Spilt, the height of towers can be reduced The challenge IS to aVOId Interference from trees and bUildings He saId at a height of 1 20 feet, GTE Wireless Will not obtain adequate coverage for the cost Darren Newsum, Regional Account Manager for PnmeCo, saId the firm has had a need In thiS area for more than 3 years He said PrlmeCo's agreement With the applicant Will meet the fIrm's needs He said his firm has no expliCit agreement WIth AT&T due to Interference concerns Aaron Tellier, Director of Nextel CommunIcations, said his firm h as tried to remain neutral dUring thIS process He said his firm prOVides cellular services and does not construct towers He said the American InfoAge tower would prOVide more space between carners He said Nextel has requested a location at 140 feet He opposed the 6-month walt related to the AT&T proposal In response to a question, he said the eXisting School Board tower only prOVides a %. mile-range of coverage mcdO 1 bOO 13 01/25/00 ,) \.. Mr Stone saId had staff known the School Board site was an alternative, they would have originally recommended denial of the application The Code IS designed to limIt towers In the City In response to a Question, Ms Akin said the Code addresses the modification of eXisting towers In response to a question, Mr Stone said the residential use next to the American InfoAge tower site IS an Illegal use and IS not relevant Enforcement action has been initiated Mr Stone said the sentence In the Code requiring one or more of the conditions to be met IS not Intended to allow applicants that meet only one of those conditions to bUild a tower It was stated that no eVidence has indicated reconstruction of the School Board tower IS financIally feasible Staff does not have a clear understanding of the technological limitations or who Will pay for the tower The City's expert witness has stated It can be done Mr Stone staff feels the Code requires balanCing competing Interests while not harming the Industry Ms Akin agreed It IS necessary to balance all presented facts With the Code John Hubbard, representative, said Amerrcan InfoAge has lease agreements With GTE Wireless of the South, Inc and PrrmeCo Personal Communications Ltd He said the tower proposed by AT&T and the School Board does not eXist today He said on November 16, 1999, Mr Stone had testified that Amerrcan InfoAge had met the crrterra Without the alternative School Board site The new agreement between AT&T and the School Board damages the applicant's pOSition and harms the applicant's customers He suggested AT&T's offer Will provide the firm substantial profits on the new tower and poses a competitive venture He expressed concern regarding the number of delays related to InfoAge's application He accused the COB of abandoning their role as a quasI-Judicial body and embarking on a publiC poliCY functIOn which IS the City Commission's responsibility He noted the Code and Federal Statutes reqUIres that actions not damage a competitive Interest He said more towers Will be necessary In thiS area as the telecommunications Industry expands Amerrcan InfoAge has purchased and paid for land for a tower and Will suffer slgmflcant damages If the applicatIOn IS denied Mr Hubbard said staff IS blurring the language of the Code Timely action has not been met Mr Hubbard said dlscrrmlnatlon has occurred and the COB IS shifting customers to AT&T The meeting recessed from 4 39 to 4 50 P m DISCUSSion ensued It was commented that the School Board tower prOVides a reasonable alternative, which can be modified to accommodate aU earners Concern was expressed regarding language In the Code requlrrng eVidence to clearly establish one or more of the stated conditions It was suggested that AT & T's letter conflIcts With statements made by KeVin Becker, AT&T's representative Mr Bee ker Indlc ated AT&T Will coordinate construction of a new tower Member Moran moved to deny the proposed telecommumcatlons tower as requested by Amerrcan InfoAge The motion was duly seconded DISCUSSion ensued regarding Code language relating to an eXisting tower that can be modified or replaced In order to support collocation mcdO 1 bOO 14 01/25/00 J. J ~ Upon the vote being taken, Chair Figurski and Members Moran, Petersen, Pliska and Johnson voted "Aye", Member Mazur voted "Nay 1/ Motion carned 5 1. ITEM 5 - APPROVAL OF MINUTES OF PREVIOUS MEETING - December 14. 1999 Member Johnson moved approval of the minutes of the December 14, 1 999, meeting as submitted In written summatIOn to each Board member The motion was duly seconded and earned unanimously. ITEM 6 - DIRECTOR'S ITEMS Community Development Code Review - Discussion of Major Policy Issues Mr Stone said policy Issues will be evaluated during the Code update process Issues have been dlstnbuted to neighborhood associatIOns, the Clearwater Chamber of Commerce, and the CommlsSlOn Consensus was to schedule a diSCUSSion at the next meeting, but take pubhc comment today One resident requested the City standardize tree ordinances and suggested uSing caliper standards to protect trees, define hlstonc trees for preservation, protect trees dunng construction, and review the ordinance Mr Stone said portions of the prevIous tree ordinance are not Included In the new Code Staff will recommend a section to prohibit topping, etc He said the Code Includes a hlstoncal tree section City staff IS confernng With an arbonst regarding tree measurements replacement costs, etc Another person spoke regarding Section F, DIVISion 6 of the Code regarding permitted uses It was requested that staff consIder changing Code language In Article 2, Item #3 regarding hierarchy related to fleXible standards and fleXIble development It also was requested that the "not applicable" designatIOn be amended as "NIA" can mean something does not apply, or the sky IS the limit It also was requested that Article 3, Item #15 regarding increasing the percentage coverage of accessory usage from 5 to 10, be redefined for office uses Mr Stone said staff received a letter from a Sand Key condominium owner regarding the proposed change In the minImum IS recommending It be changed from 2 weeks to 30 days stay In an overnight accommodation use Election of Officers ThiS Item WIll be addressed at the next meeting ITEM 7 - ADJOURNMENT The meeting adjourned at 5 18 p m mcdOl bOO 15 01/25/00 ~ ~61tarWater u ~ AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, January 25,2000 Time: I 00 P m Place: III South Osceola Street, 3rd Floor, Clearwater, Flonda, 33756 (City Hall CommJsslon Chambers) The CIty of Cleaf\Vater strongly supports and fully complies WIth the Amencans with DlsabllltJes Act (ADA) Please advise us at least 72 hours pnor to the meetmg If you reqUIre special accommodations Assisted IIstenmg devices are available Kindly refrain from uSing beepers, cellular telephones and other distracting devices dunng the meeting Flonda Statue 286 0 105 states Any person appealing a decIsion of this Board must have a record of the proceedings to support such appeal CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE ROLL CALL Chair Figurski Vice-Chair Mazur GIld ersleeve Johnson Moran Petersen Pliska City Staff A. REQUESTS FOR CONTINUANCES!R[CONSIDERATION: None B. CONTINUED ITEMS: None D............ 1 COB agenda - 1/25/20().(\ - Page 2 C. LEVEL 3 APPLlCA TIONS: Case: ANX 99-11-22 - 2238-2244 Drew Street Owner/ Ap pi ica n tlRepresen ta tIve: Dolores S Day Location: 038 acres located on the north side of Drew Street, approximately 450 feet east of Belcher Road Request: (a) AnnexatiOn of 0 38 acres to the City of Clearwater, (b) Land use amendment from Commercial General (Pmellas County) to Commercial General c1assIfi.catIon (Clearwater), and (c) Rezonmg from C-2 DistrIct (Pmellas County) to C, Commercial DistrIct Presenter: Ettm Udoh, Semor Planner 2 Case: ANX 99-11-23 - 1939 Sunset Pomt Road Owner/ApplicantlRepresentatlve: Damel R SilvIe and Lmda J Pappas Location: 052 acres located 10 umncorporated Pmellas County located on the south side of Sunset Pomt Road west of Hercules Avenue Request: Annexation of 0 52 acres to the City of Clearwater, Presenter: Gary Jones, Semor Planner 3 Case. LUZ 99-11-06 - 1939 Sunset Pomt Road Owner/ApplicantlRepresentatIve: Damel R Silvie and Lmda J Pappas Locatton: 086 acres located m umncorporated Pmellas County located on the south side of Sunset Pomt Road west of Hercules Avenue Request: (a) Land use amendment from RM, Residential Medium c1assdicatlOn (County) to CG, Commercial General classlficatton (Clearwater), and (b) Rezonmg from MDR, Medium Density Residential Dlstnct (County) to C, CommercIal Dlstnct (Clearwater) Presenter: Gary Jones, Semor Planner 4 Case: LUZ 99-11-07 - 704 & 706 North Myrtle Avenue, 700 Eldndge and 703 Blanche B Little John Trail Owner/Applicant: Elame C Wlute, Elame D Spencer, Patncla M Alexander, LoUIs Carson Jr , Sonya Racker, Derek R Carson, Richard Koster and Wilhs Parker Representatives: Kathy Dormsch and Richard Koster Location: 1 32 acres at the northwest comer of North Myrtle Avenue and Eldndge Street Request: (a) Land use plan amendment from RU, Residential Urban classificatIOn (Pmellas County) to CG, Commercial General claSSification (Clearwater), and (b) Rezomng from LMDR, Low MedIUm DenSity ReSidential Dlstnct (County) to C, Commercial DIstnct (Clearwater) Presenter: Gary Jones, SenIor Planner COB agenda - 1125/20(1/"\ - Page 3 5 Case: T AOO-O 1-0 I . Text Amendment - Section 8-102 - ASSIsted LIVing Faclhty/Congregate Care DefinitIons Request: Code amendment revIsing the defimtlon of assIsted hVing facIlity and congregate care to increase the number of beds that are eqUIvalent to one dwelling umt, from 2 5 to 3 0 Presenter: Gma I Clayton, Seoror Planner D. LEVEL 2 APPLICATIONS: Case: FL 99-11-21 - 1091 Eldorado Dnve Owner/Applicant: Carlouel Yacht Club Representative: Robert M Thompson, Jr Location: 2 897 acres east of Eldorado Avenue, and I 93 acres west of Eldorado Avenue, north of Bay Esplanade Zonmg: 1, InstitutIOnal Dlstnct Proposed Use: An eXisting yacht club Request: Flexible development approval of an 80 square foot addition includIng servIce elevator and eqUIpment room as part of a Comprehensive Infill Redevelopment Project Presenter: Mark T Parry, Planner 2 Case: FL 99-11-22 - 323 Jeffords Street Owner/Apphcant: Douglas Dahlhauser, Morton Plant Mease Health Care Representative: John E Powell P E Location. 4 71 acres located on the southwest comer of Jeffords Street and Reynolds Avenue, north of Pmellas Street, and 1 32 acres located on the southwest corner of Jeffords Street and South Ft Hamson Avenue Zonmg: l, InstttutlOnal Dlstnct Proposed Use: A 39,750 square foot emergency care center and associated parkmg Request: FleXIble development approval, as part of a ComprehensIve Infill Redevelopment ProJect, With reductton m butldmg setback on Jeffords Street (emergency room) from 25 feet to 124 feet, reduction In parkmg lot setback on Jeffords Street and Reynolds Avenue (and Sadler Street and Bay Avenue, If not vacated) from 25 feet to five feet, reduction In the reqUired landscape buffer on Jeffords Street and Reynolds Avenue (and Sadler Street and Bay Avenue, If not vacated) from 10 feet to five feet, and vacation of Bay Avenue and Sadler Street nghts-of-way Presenter: LIsa L Fierce, Development Revlew Manager I I COB agenda - 1/25/2C 3 o E. F. Page 4 Case: FL 99-11-23 - 1100 and 1104 DrUId Road South Owner/Applicant: Ronald and Mlretlle Pollack Representative: Wayne M DaVIS, Architect Location: I 66 acres located on the west side of Dnl1d Road South, 190 feet north of Jeffords Street Zonmg: LOR, Low DenSity Residential Dlstnct Proposed Use: A smgle-famlly dwellmg urut Request: FleXible development approval of a Residential Infill Redevelopment Project With an mcrease In butldlng height from 30 to 35 feet, an Increased height of masonry wall from three feet to SIX feet along the front (east) property Ime, an mcreased height of a metal, picket fence from three feet to SIX feet along the rear (west) property line, and an Increased height of wall/fence from three feet to SIX feet Within the reqUired waterfront view tnangle at the intersection of the rear and Side property lines, With non-opaque masonry wall and picket fence Presenter. Mark T Parry, Planner Case: V AR I 999-F2008 - Commumcatlon Tower - 505 Vlrglma Lane Owner/Applicant. Miller Cooper, Amencan InfoAge, LLC Representative: Edward Armstrong, Attorney Location: 037 acres located on the east Side of Vlrglma Lane, approximately ISO feet south of Gulf-To-Bay Boulevard Zonmg C, Commercial Dlstnct Proposed Use: A 160-foot commumcatlon tower and three concrete equipment pads Request: FleXible development approval of a commurucatlon tower Presenter: Cyndl Hardin, ASSistant Planmng Director APPROVAL OF MINUTES OF PREVIOUS MEETING. December 14, 1999 DIRECTOR'S ITEMS: . Commumty Development Code review - diSCUSSion of major policy Issues . Election of Officers G ADJOURNMENT \11/S;>IPOSIC 0 8\agenda< ORe & COBICOB\;>fJOO'fJ/ JanllarylCOB 4GE.\OA ,-;>, ;>fJOO doc '- CDB Meetmg Date: Januarv 25.2000 Agenda Item D .. ReHsed and superseded CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMlNlSTRA TION STAFF REPORT BACKGROUND INFORMATION: -\PPLICANT Wilham and Hope Georgtlas REPRESENTATIVE. Amencan lnfoage LLC LOCATION: 505 Virginia Lane REQUEST Flexlble dc\ clopment approval to construct a 160 foot tall telecommUnicatIOn to\\ er and three concrete pads on which to place the cqUlpment PLANS REVIEWED. Site plan prepared b\ National Data & CornmuJUcatJOns dated 6/18/99 SITE IN FORMA nON PROPERTY SIZE 13 900 square feet PROPERTY USE Current Use: Proposed Use: Three dwelhng uruts Office and commumcallOn to\\er PLAN CATEGORY' CommcrClal General ZONING DISTRICT: CommerCIal DIstnct ADJACENT LAND USES North South East West Restaurant and olhcr commercial uses Smgle Farml) ResIdential Restaurant parkmg lot and Vacant land Smgle Farml)' ResidentIal ANAL YSIS Amencan Infoage submitted an applicatIOn for a ne\\ to\\ er on the VrrglDla Lane Site on May 25 1999 The apphcatlOn was scheduled and heard at the Juh 20 1999 Commuruty Development Board meetmg AI the Juh 1999 meetmg, the applicatIOn \lias contmued for 51'\1)' da\ s to September 21 1999 to allow an lIl\-cstlgauon of the feasIbility of collocatIOn on the e'\.lSUllg School Board (Ower on Arcturns Avenue The September 21 meetmg of the Commumty Dc\ elopment Board was canceled due to a humcane threat and rescheduled to October 5 1999 at which time the conunued apphcatlOn was heard On October 5 the Page I ,.,- Comlllwllt~ De\elopment Board continued the applicatIOn to November 16, 1999 and requested that semor staff dIscuss tlus matter \\lth Ole School Board semor staff to more scnously mvesl1gale the pOlentla! collocatIOn A t the November 16, 1999 meetmg the app IIcatiOn was approved wIth condItIOns mciudmg condI tlons I....J 5 and 7 III the staff report and a ne\\ conditIOn reqwnng the applicant to work WIth staff to develop a deSign tlldt assists III screenmg the lower from view At the Dccember l-t 1999 mecung of the Community Development Board tVtO propert} owners In the vICInIty of the touer requested that the Board reconSider ItS approval deCISIon The Board dId vote 10 reconsider the case which was scheduled for the ne'Xt regular meetmg of the Board on January 25 2000 Slllce the December meetmg of the Board Significant new mFonnatlOn and developments have occurred A meetmg With all of the relevanl parties occurred on January 10 2000 In attendance were Mayor Snan Aungst and Clt\' staff Dand DuloWlg the City'S telecommUIllcatlOns consultant Supenn!endenl Howard Hmesley Joe F eraea and john Bowen From the School Board Miller Cooper from Amencan Infoage Robert Kersteen and Ke\ III Becker from AT & T Mr Hmesley presented a letter from Slacy Frank. allome~ For AT&T documenl1ng AT&T S Willingness to bUild a new tower on the school board sile (Copy of leller attached) Supenntendent Hmesley continned that the School Board IS m agreement to allow Ole reconstructIOn oFthe tower Mr Becker coOOnned that he was \\orkmg With the carners to confiml their partJClpallon on tJus tower collocatiOn The Planmng Staff confimled the status of the prOject \\ Ith Mr Becker on Janll3.0 13 2000 Mr Becker stated that fOllr of the carners and AT&T (for a total of fi\ e earners) \\ere currently conilllltted to locate on the school bOdTd site's to\\er Mr Becker further sklted that he IS III diSCUSSion Wltll the two addll10nal earners and IS hopeful to continn thelf partlclpallon Mr Becker stated thaI the ne\.! steps III the process \\ ould be to deSign tile to\\ er structure and Slle, order and build the tower componems deliver and construct the to\\er on the site and have each carner Install t.helr antennas on the tower Upon reo mstallatlOn of the School Board's and AT&T sante nnas on the new to\\ er the old eqUipment and old tower could then be remOl ed The re\ Ised staff report lakes mto conSldernlion thiS ne\\ mfonnauon and tile cooperal1ve workrng relatlonslup among AT&. T the School Board and the carners CRITERIA FOR TELECOMMUNICATION TOWERS (SectIOn 2-704 L): L No telecommumcatlOn tower l!!o located on Cleanvater Beach. TIle telecommullIeatlOn tower IS located one hundred feet south of Gulf-to~Bay Boulevard and \\lll not be located on Clean\ ater Beach 2. If the telecommuRlcatlon tower is located wlthm a scemc corndor deSignated by the City of Clearnater or a sceRlc noncommercial corndor deSignated b} the Pmellas Planmng CounCil, the appllcdnt must demonstrate comphance With the deSign cnteria in those designations. TIle telecommwucatlon tower IS not located wltlun a seeme comdor deSIgnated bv the Clt\' of Cleamater 3, The deSign and constructIOn of the telecommuDlcatlOn to\\cr complIes "Ith the standard!!o In Article 3 DnlSlOn 20 Page 2 t. Jomt use of e:llstmg towcrs required as an aJlernatl\e to new tower constructIOn. Jomt use of e:ustmg telecommumcatlOns towcrs or olher eXlstmg hUlldmg5 or structures is reqUIred as aD aJlemattve to new to" e r construction "henc\'er feasl hie. Therefore. an) one consldenng new to\\-er construction. must fir~t e"plore other optIOns. Pnor to the Issuance of any hUlldmg pernut for a new tower. a determmatIon must be made that no eXisting tOlter or other structure IS available as a reasonable alternanve. An applicant requestmg a permit for a ne\\- tOl\er shall suhmlt eVIdence to the City that supports a conclUSion that no reasonable use can be made of any eXisting tower or_ structure. The eVIdence shall clearly estahllsh one or more of tbe followmg conditions' a. No e:lIstmg tOl\er or structure IS located wlthlD the geographiC area reqUIred to meet the apphcant's co\erage reqUIrements b El.:lstmg towers or structures are not of suffiCient height to meet the applicant's en~necnng reqUIrement'!. c [xlstmg towers or structures do not have sufficient structural strength to support the allflhcant.... proposed antenna and relatcd equipment d The dpphcant's proposed antenna "ould cause electromagnetic mterference mth or 'tlould be mterfercd "Ith b) other antennas If placed on an) e)'lstmg tower or structure. e The fees. costs or contractual prol'lslons reqUired b) the 0" ner m order to ~hare an eXI~tlng tower or structure for a time penod of twent)-five (25) years, exceed the cost of de\elopmg a new to\\-er. f. It IS not finanCially feasible to modify or replace an elJstmg to\\-er to accommodate the Ilroposed antenna. g The apphcant demonstrates that there are other legitimate hmltmg factors that render C1:lstmg tower~ and structures unSUltahle. This pomon of the teleeommurueahons regulations IS the most en heal and forms the conccptual baSIS for the Clt" s regulatIOn of lowers The regulahon states that Jam! use "IS required as an altematl\e to new Cower construction \\- henever feasible" (emphaSIS added) The regulatIOn funher reqUIres an evaluahon of other optIons wluch In thiS case has resulted m an agreement to allow collocatIOn on an e'\ISl1ng site and reconstrucl1on of an c'\lstmg lo\\er on the School Board property Based on the mlhngness of tlle tower owner and propcny owner to replace the e'\lstmg tower and to aJlow collocatIOn "lth the other camers. an e'\ISllng tower IS avadable as an alternatIve to a ne\\ tower and tlus eXistIng tower (reconstructed) can serve the telecommulllcatlOns needs of thIS geographiC area Therefore a new to\\er cannot be Justified al the VlrglD13 site 2 JOint use of ne'tl towers reqUIred. Jomt use of any new telecommunicallons tower IS reqUired \\hene\er fea"lhle. In order to promote Jomt use of new to\\ers, pnor to the Issuance of a bUlldmg permit for a new to'tlcr. the applicant shall demonstrate a commitment to Joml use as follo\\ s a. SolicitatIOn of additIOnal users. The applJcant requcstmg the permit shall submit e\ldcnee to the Clt) demonstratmg that a genume effort has been made to "ollclt additIOnal useN for Page 3 the proposed nell tower. E \ Idence of this effort sh all mclude, at mmimum. copies of notices sent by registered mad, return receipt requested. to all other pro\1ders of cellular and personal communicatIOn serl'lces 10 PinelJas County, Flonda. ad'\lsmg of the mtent to construct a new tower. Identlfymg the locahon, IOVlting the JOint use and sharing costs. and reques(mg d II ntten response wlthm fifteen (15) da)'s. The applicant has submitted proof that he has comphed With these reqUIrements The letter the list of users that lhe letter was sent 10 and the caples of notIces sent by registered mall are atLlched 10 the applicatIOn b Agreement to allow future JOlOt use. The apphcant shAll Sign an mstrument, which shall be mAmtalOcd by the Clt). agreemg to encourage and promote the jomt use of telecommunications towers wlthm the City and, to that extent, commlttmg that there shall be no unreasonable act or omiSSIOn that would have the effect of excluding, obstructing or dela)lng the JOIOI use of an)' tower where fall' and JuSI compensation is offered for such use. TIle applicant has signed an agreement and sublllltted It With the apphcatlOn agreeing to encourage Jomt use of the to\\ er The applicant, Amencan Infoage, IS e,e1uslvely 10 the busmess of supplymg towers for collocatIOn It should also be noted that the current agreement \nlh AT & T and the School Board renders tlus need for fuhlre JOint use on a new 10\\er moot 3. DC~lgn Standards. a. Height. Smgle user tOllers are dllolled a maximum height of one hundred and ment)' (120) feet TOllers deSigned for Jomt use may be greater In height pro\lded the additIOnal height IS constructed COIUCldent WIth the actual use. Furthermore. eXlstmg conformmg tOllers may he mcreased m height to accommodate additIOnal users With a Level One AllprO\al. TOllers deSigned for mo users Are allowed a maximum height of one hundred and fort) (1"0) feet. Towers deSigned for three (3) or more users arc alloll ed a maxI mu m height of one h u nd red and Slxt) (160) feet As prevlOusl\ mentioned, !lIC applicant IS III !lle busmess of collocaLJon and profits from ma"ouzmg the use of the tower The applicant has stated that the tower will have more than thrce users and therefore has proposed a tower of one hundred and s"-1) (160) feet tall b. Setbacks. From reSidential uses Towers shall be set back from eXisting residential uses a distance eqUAl to the height of the taller. The distance shall be measured from the base of the tower to the residential property hne. The Slle plan labels the eXlstmg structure as "one stOI)' masonry office" However, from field observatIOn and research lhe staff has delemuned that the e\:lstmg structure IS currently bemg used as three dwelling urnts The sIte IS zoned CommerCia] winch does not allow attached dwelling Units as a perrmtted use Addlllonally the fonner zonmg was CommerCial Gencral \\ luch aJso prolublted d\\clhng unitS as a penrutted use Therefore, the e"slmg dwelhngs are an Illegal use and code enforcement action has been 1ll1l1ated on thiS Issue Any appro\ al of the to\\ er on tlus site will reqUIre the removal of the reSldenllaJ uses from the site Page ... Absent the resIdentIal wuts on the subject property the proposed tower does meel the setbacks to other resIdential property III tlle YICInI~ since these resldenhal uses are more than [60 feet from the to\\-er ll. From hl~torlc dlStncts and listed structures. Towers shall be set back a minimum of five hundred (500) feet from an) Nahonal Register Histone Dlstnct and from an) mdlvldual structure listed m the NatIOnal Register of Hlstonc Places. No National RegIster HIstone Dlslnct or mdlvldual structure hsted ill the NatlOnaI RegIster of HIstone Places IS located WIt run 500 feel from the proposed tower III From property lines. Towers shall be set back from property hnes ID accordance l\lth the reqUirements set forth 10 the zonlOg distnct regulatIOns. There are no setback reqlllremenls set forth ill the zomng dIMe! for telecommunicatIOn towers The proposed tower and concrete pads on wluch to locate the commurucauons equIpment are setback from the property hnes based on the buffer reqUirements \\ luch are len fecI from the sIde and front property hoes c. Color and fimsh. Except for pamtlOg 01' marking required by the FAA, towers and supportmg structures shall be a neutral, non-glare color or fimsh, so as to reduce 'lsual obt ru ~l\ ene~s The to\\er appears III the submitted photogrnphs to be fimshed III a reflectIve metallic color Howe\ er the apphcant has stated that the 10\\ er IS of a nonrellect l\le neutral color d. Fencmg. To\\ers shall be enclosed by a SIX (6) foot high sC1::unty, masonry or ",ood fence. A sl'\-foot hIgh cham hnk seclln~' fence IS shown on the subffillted slle plan c LandscapmglScrecmng. The perimeter of the Cower site shall be buffered With shrub~ selected and placed to screen the base of the tOl\ er and, to the extent possible, l\ Itb trees selected and placed to mmimize Che vertical scale of the towel'. A mlmmum of ten (10) feet of landscape buffer shall be prOVIded around the outside of the reqUired fenclOg. The landscapmg deSign reqUires approval of a landscaplllg plan b} the CommuDlt) De\'elopment CoordlOator as a Level One Appro\-al III accordance With the pronslons of Article ~ Dn 1SI0n 3 of thiS Development Code. The appl1cant has not sho\\n 10 feet oflandscapmg around the tower fence Howe\er there IS ample room 10 locate the tower closer to the eXIstmg bUlldmg m order to comply \\1th tlus requlfement The applicant has mdlcated on the sIte plan that the tower sIte \\1]] be surrounded b) pen meter plantlOg In compliance "'lib the ell}' s reguJatlOns The applicant IS prOVIding the reqUIred buffer along Vlrgnua Street m addition to the buffer requlIements for commumCalJon towers f. III u m m atlOn. T 0\\ ers sh all not be arttficlall)' lighted except as reqUIred b)' the FAA. At hme of constructIOn of a tower, III cases where there are reSidential uses located l\lthm a distance which IS three hundred percent (300%) of the height of the tower from the to\\er. dual mode hghtmg shall be requested from the FAA. Page 5 Tower illurmnatJOn IS not expected to be a requtremenl of Lhe FAA for thiS tower and the appucant h.:1S not proposed to Illummate the tower g. Appurtenances. Appurtenant buddmgs and structures sball confonn Co tbe standards set forth in tbe lonmg dlstnct regulations. Such bUlldmgs and structures shan be screened from adjacent properties and public streets. At a tower site, deSign of the bUlldmgs and related structures shall. when practicable, use matenals, colors, textures, screenmg, and landscapmg that will blend them mto the natural settmg and surroundmg bUlldmgs to mmlmlze the \lsuallmpact. No appurtenant bUlldmgs are proposed at tlus time The applicant has proposed slabs on which the users will place Lhelr bUildIngs and eqUJpment The slabs are screened from adjacent properties and streets by proposed landscapmg h. DeSign To the extent practicable, the tower shall be deSigned to blend mto the surroundmg en'lronment m order to protect the aesthehcs of the neighborhood where the tower IS proposed. TIle applicant has committed to workmg mth staff to pro\1de the most effective deSign treatment poSSible to blend lhe lower mto the e\Jstmg neighborhood I. Wancrs. The deSign standard!l Identified abo\e may be reduced or waned If such reductIOn or waiver would better satlsf) the Intent of thiS DIVISion and such modification or \\aner IS reviewed and decided b)' the Communlt)' Development Board In concert With the applicatIOn for a uvel Two Approval. The applJcant has not requested any waivers of the deSign standards 4 Ad,crtlsmg prohibited; reqUired Slgnage and securll). No tower shall be used for advertlsmg of an)' t)'pe, and the placement of SignS, other than warnmg Signs and small In/or mat on pldcards '\lth emergenc) and 0\\ ner informatIOn. IS prohlhlted All towers must be reasonably posted, m accordance With the City of Clearwater sign ordmance, and secured to protect agamst trespass. The apphcant IS not propoSing any advertlSlng 5. Installation and mamtenance standards. Owners shall mstall and mamtaln towers. telecommUnications faclhtles, Wires, cables, fixtures and other eqUipment in compliance \\ Ith the reqUirements of the National Electnc Safety Code and all FCC, state and local regulatIOns, mcludmg adopted buddmg codes. Pnor to the Issuance of a cemficate of occupancy for a tower, the applicant shall provide an engmeenng certification that the proposed structure meets such regulatory standards. mcludmg adopted bulldm2 code standards for wmd velOCity. All towers shall achle\e and mamtam compliance With current radio frequency emiSSions 'itandards promulgated by the FCC. The applicant proposed to compl) With lhesc reqUIrements pnor to the Issuance of a Ccrtllicatc of Occupancy 6 Removal of abandoned anlenna!l and to\\ers. Any telecommuDlcatlOn to\\er that doe!l not SUllllOrt an olleratmg antenna for a penod of l\\Che (J2) consecutn'e months shdll Page 6 be considered abandoned dnd shall be removed OT redctlvAted upon lHltten notificatIOn by the City within sIxty (60) days of said notificatIOn. Failure to do so shall constitute d l10latlOn of this Del'elopment Code 1111s condlllOn IS not apphcable Since no tower currently e'\lsts on the site ST .\FF RECOMMENDATION: In $IlIllIllaJ) the pnmaI)' conrotlOn for allowmg a new tower IS that no reasonable alternatIVe eXists for use of an eXisting tOller AT&T and the School Board have now agreed to reconstruct the e'\lstmg tower on the Arcturas sIte and to allO\\ other earners to locate on the reconstructed tower Ftu1her AT&T IS ill active negotIation With the Sl x other earners who are viable ill Ilus geograpluc area and market to confirm theu partiCIpatIOn Therefore, there IS d reasonable altemauve to a new tower wruch IS to reconstruct tlle Arcturas tower on the School Board site Based on the e\lSlence of thiS altemauve Uus apphcatlOn IS mconslstenl WIth the telecommurucaUons regulatIOns and a nev. to" er I s not Jllstlfied The Planmng slaff recommends DENIAL of the proposed telecommumcauons tower to be located at 505 Vlrgllua Lane as requested by Amencan Infoage based on the cntena of lhe telecommurucatlOns regulatIOns of the ComIllumn Development Code Prepared b\ Cyndl Hardln_ ASSIStant Pl~:r. Director Asslstan! Plannmg DIrector Approval t1J!'i-- (J L,. <--- Planmng Duector Approval I~ 0 A ttdchmcnt s LocatIOn Map Zonmg Map Acnal Photo Photo of lower sllmlar to the proposed tower ApphcatlOn Page 7 - I I < TRANSMISSION VERIFICATION REPC' J I TIME 01/21/2000 15 51 DATE, TIME FAX NO /NAME DURATION PAGE(S) RESULT MODE 01/21 15 47 g18132215850 00:03.52 12 OK STANDARD ECM " Fax transmittal TO: David Doulong, RW Beck (LfD1- (pG/ ~ - 3~ '8?j FROM: Lisa Fierce, City of Clearwater DATE: January 21, 2000 RE: InformatlOnfor upcommg Commumty Development Board meetmg Please find the mformatlOn we dIscussed today regardmg the January 25, 2000 CDB meetmg, mcludmg Staff report p' l-1 I d I{J I -1....l't' - -;-l'llt Te ecommumcatlOns or mance \' ;.I ~ Meetmg agenda f ~ \ - L{ Number of pages bemg transmitted mcludmg this cover sheet l<O U \My Documents\correspondence\Fax transmittal doc ~ lilearwater u ~ AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, January 25,2000 Time: I 00 P m Place: 112 South Osceola Street, 3rd Floor, ClealWater, Flonda, 33756 (CIty Hall Commission Chambers) The City of ClealWater strongly supports and fully complies with the Amencans with DIsabilities Act (ADA) Please advlse us at least 72 hours pnor to the meetmg If you require specIal accommodations AssIsted IIstemng devices are available Kmdly refram from usmg beepers, cellular telephones and other dlstractmg devices dunng the meetmg Flonda Statue 286 0 105 states Any person appealmg a deCISion of this Board must have a record of the proceedmgs to support such appeal CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE ROLL CALL Chalf Figurski VIce-Chair Mazur Gildersleeve Johnson Moran Petersen PlIsko City Staff " A. REQ VESTS FOR CONTJNUANCESfRECONSIDERA TION: None B. CONTINUED ITEMS: None D COB agenda - 1/25/200n - Page 2 C. LEVEL 3 APPLICATIONS: Case: ANX 99-11-22 - 2238-2244 Drew Street Owner/ApphcantfRepresentative: Dolores S Day Location: 038 acres located on the north side of Drew Street, approximately 450 feet east of Belcher Road Request: (a) Annj:xatJon of 0 38 acres to the City ofClearv.rater, (b) Land use amendment from Commercial General (pmellas County) to Commercial General classIficatIon (Clearwater), and (c) Rezonmg from C-2 Dlstnct (Pmellas County) to C, Commercial DistrIct Presenter: EtIm Udoh, Semor Planner 2 Case: ANX 99-11-23 - 1939 Sunset Pomt Road Owner/ApphcantfRepresentative: Damel R Silvie and Lmda J Pappas LocatIOn: 052 acres located m unmcorporated Pmellas County located on the south side of Sunset Pomt Road west of Hercules Avenue Request: AnnexatIon of 052 acres to the CIty of Clearwater, Presenter: Gary Jones, Semor Planner 3 Case: LUZ 99-11-06 - 1939 Sunset Pomt Road Owner/ApplicantlRepresentative: Damel R Silvie and Lmda J Pappas Location: 0 86 acres located m unmcorporated Pmellas County located on the south side of Sunset Pomt Road west of Hercules Avenue Request: (a) Land use amendment from RM, ReSidential Medium classificatiOn (County) to CG, Commercial General classIficatIon (Clearwater), and (b) Rezonmg from l\.1DR, MedIum Density ReSidential Dlstnct (County) to C, Commercial Dlstnct (Clearwater) Presenter: Gary Jones, Semor Planner 4 Case: LUZ 99-11-07 - 704 & 706 North Myrtle Avenue, 700 Eldndge and 703 Blanche B LIttle John Trail Owner/Apphcant: Elame C White, Elame 0 Spencer, PatrICIa M Alexander, LouIs Carson Jr , Sonya Racker, Derek R Carson, RIchard Koster and Willis Parker Representatives: Kathy Domlsch and RIchard Koster Location: I 32 acres at the northwest comer of North Myrtle Avenue and Eldndge Street Request: (a) Land use plan amendment ITom RU, ReSidential Urban classificatIon (Pmellas County) to CG, Commercial General clasSification (Clearwater), and (b) Rezonmg from LMDR, Low MedIUm Density ReSidential Dlstnct (County) to C, CommefClal Dlstnct (Clearwater) Presenter: Gary Jones, Semor Planner CDS agenda - 1/2S/200o - Page 3 5 Case. TAOO-OI-OI - Text Amenament - Section 8-102 - Assisted Llvmg Faclhty/Congregate Care DefimtlOns Request: Code amendment revIsing the defirutlon of assisted hvmg facility and congregate care to Increase the number of beds that are eqUivalent to one dwelling umt, from 2 5 to 3 0 Presenter: Gma I Clayton, Semor Planner D. LEVEL 2 APPLICATIONS: Case: FL 99-11-21 - 1091 Eldorado Dnve Owner/Applicant: Cadouel Yacht Club Representative: Robert M Thompson, Jr Location: 2897 acres east of Eldorado Avenue, and I 93 acres west of Eldorado Avenue, north of Bay Esplanade Zonmg: 1, InstitutiOnal Dlstnct Proposed Use: An eXlstmg yacht club Request: Flexible development approval of an 80 square foot additIon mcludmg service elevator and eqUIpment room as part of a Comprehensive Infill Redevelopment Project Presenter: Mark T Parry, Planner 2 Case: FL 99-11-22 - 323 Jeffords Street Owner/Applicant: Douglas Dahlhauser, Morton Plant Mease Health Care Representative: John E Powell P E Location: 471 acres located on the southwest corner of Jeffords Street and Reynolds Avenue, north of Pmellas Street, and 1 32 acres located on the southwest corner of Jeffords Street and South Ft Hamson Avenue Zonmg: 1, InstitutIOnal DIstnct Proposed Use: A 39,750 square foot emergency care center and associated park.lOg Request: Flexible development approval, as part of a Comprehensive Infill Redevelopment ProJect, with reductton In bUlldmg setback on Jeffords Street (emergency room) from 25 feet to 12 4 feet, reduction m parkmg lot setback on Jeffords Street and Reynolds Avenue (and Sadler Street and Bay Avenue, If not vacated) from 25 feet to five feet, reductIOn In the reqUIred landscape buffer on Jeffords Street and Reynolds Avenue (and Sadler Street and Bay Avenue, If not vacated) from to feet to five feet, and vacation of Bay A venue and Sadler Street nghts-of-way Presenter: Lisa L Fierce, Development Review Manager 3 cD E. F. COB agenda - 1/25/20( Page 4 Case: FL 99-11-23 - 1100 and 1104 Druid Road South Owner/Applicant: Ronald and Mlreille Pollack Representative: Wayne M DaVIS, Architect LocatIOn: I 66 acres located on the west side of DruId Road South, 190 feet north of Jeffords Street Zonmg: LOR, Low DenSity Residential Dlstnct Proposed Use: A smgle-famIly dwelling urnt Request: Flexible development approval of a ReSidential lnfill Redevelopment Project with an mcrease m buildmg height from 30 to 35 feet, an mcreased height of masonry wall from three feet to SIX feet along the front (east) property line, an Increased height of a metal, picket fence from three feet to SIX feet along the rear (west) property line, and an Increased heIght of wall/fence from three feet to SIX feet within the reqUIred waterfront view tnangle at the IntersectIOn of the rear and side property hnes, with non-opaque masonry wall and picket fence Presenter: Mark T Parry, Planner Case: V AR1999-F2008 - Communication Tower - 505 Virginia Lane Owner/Applicant: Miller Cooper, Amencan InfoAge, LLC Representative: Edward Armstrong, Attorney Location: 0 37 acres located on the east side of Virginia Lane, approximately 150 feet south of Gulf-To-Bay Boulevard Zoning: C, CommerCial Dlstnct Proposed Use: A 160-foot commumcatlOn tower and three concrete eqUIpment pads Request: FleXible development approval of a commUnicatIOn tower Presenter. Cyndl Hardm, ASSIStant Planmng DIrector APPROVAL OF MINUTES OF PREVIOUS MEETING: December 14, 1999 DIRECTOR'S ITEMS: · Commumty Development Code review - diSCUSSion of major policy Issues · Election of Officers G. ADJOURNMENT 'I \ t<;:!'PD \;Ie D B1agcnda, DRC ,l. CDB\CD8\:!OOOlO! Jam",') "DB Ir,EvD..J I _" 2000 doc COB Meetmg Date: J.lnuanr 25. 2000 Agenda Item: 0 ~ ReV1sed and supenl'ded CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT BACKGROUND INFORMATION: APPLICANT Wdham and Hope Georgllas REPRESENTATIVE. Amencan Infoage LLC LOCA nON: 505 Virginia Lane REQUEST Flexible de\ elopment approval to construct a 160 foot tall telecommurucaUon tov. er and three concrete pads on wruch to place the eqUIpment PLANS REVIEWED Site plan prepared by NatIOnal Data & CommumcatlOns dated 6/18/99 SITE INFORMATION: PROPERTY SIZE 13 900 square fecI PROPERTY USE: Current Use. Proposed Use Three dwelling uruts Office and commumcatlOn tower PLAN CATEGORY CommercIal Gencral ZONING DISTRICT CommerCial Dlstncl o\DJACENT LAND USES: North South East West Restaurant and other commercial uses Smgle Famtly Residential Restaurant parlang lot and Vacant land Smgle Family Resldent13.1 ANAL YSIS Amencan I nfoage submitted an apP[lcal1on for a new tower on the Vlrglrua Lane Site on May 25, 1999 The applicatIOn was scheduled and heard at the July 20, 1999 Commurnty Development Board meetmg At the Jul~ 1999 rneelmg, the apphcaUon was contmued for SIXty days to September 21 1999 to allow an m\ eSl1gatlOn of the feaslblhty of collocatIOn on the e'lsl1ng School Board tower on Arcturns Avenue The September 21 meetmg of the COllUlIW1lty De\ elopment Board \\as canceled due to a hum cane threat and rescheduled to October 5 1999 at \\ IHCh lime the cant lUlled apphcal10n was heard On October 5 the Page I (ommulllty De\elopment Board continued the JpphcatlOn to NO\ ember 16 1999 and requested that seruor staff dIscuss thIs matter With the School Board semor staff 10 more senously 1m esugate the potential collocation AI the November 16 1999 mcetmg the applicatIOn was approved with conditions mc1 udmg conditions l.-f 5 and 7 m the staff report and a new conditIon reqwnng the appllcant to v.ork WIth staff to develop a desIgn that ass]sls In screemng the lov.er from view At the December l-f 1999 meelmg of the Commumty De\ c10pment Board two property owners In the \ ]Clmly of the to\\er requested that the Board reconSider liS approval deCISIon The Board did \-ote to reconSIder the case whIch was scheduled for the next regular meetmg of the Board on January 25 2000 "" SLOce the December meetmg of the Board slgmficant nev. mfOnnJtlOn and developments have occurred A. meetlllg WIth all of the relevanl parties occurred on January 10 2000 In attendance were Mayor Bnan A.Ullgst and city staff DaVid Duloung, lhe Clly s telecommurucatlOns consultant, Supenntendent Howard HInesley Joe Feraca and John Bowen from the School Board Mdler Cooper from Amencan Infoage Robert Kersteen and Kevlfl Becker from AT & T Mr Hmeslc~ presented a letter from Stacy Frank. attornc) for AT&T documenung AT&T's wllhngness to bu]ld a new tov. er on !.he school board slIe (COP) of letter attached) Supenntendent Hinesley confirmed that the School Board IS III agreement to allow the reconstrucl1on of the lo\\er Mr Becker confirmed that he was workmg \V1lh the camers to confirm theIr partICipatIOn on tIllS tower collocahon The Planlllng StafT conti nned the status of the prOject WIth Mr Becker on January 13, 2000 Mr Becker slaled that four of the earners and AT&T (for a lotal of fh e camers) were currently committed to locate on the school board slle's lower Mr Becker further stated thai he IS III dJscuss]on wu.h the two addJUonal earners and ]S hopeful to confiml theLr partlc]p.'ll1on Mr Becker staled that the ne\.1 steps III the process \\ou]d be to deSign the tower structure and sIte order and bwld the tower components delIver and construct tlle lo\\cr on the site and ha\e each camer mstall thelf antennas on the tower Upon re- mstallatlOn of the School Board's and AT&T s antennas on the new tower, lhe old eqmpment and old 10\\ er could then be removed The re\ ]sed staff report takes mto cons]derauon tlus new mformatJon and tlle cooperatJve workl.l1g rela! IOns]u p among AT & T the School Board and lhe carners CRITERIA FOR TELECOMMUNICATION TOWERS (Section 2-70~ L)' No telecommuRlcatlOn to\\er IS located on C1earnaler Beach, TIle telecommun]catlon lower ]S located one hWlClred feet sollth of Gulf-to-Bay Boulevard and Will not be located on Clearwater Beach 2 If the telecommuRlcatlon tower IS located ,,,thm a scenic corndor deSignated by the CIf) of Clcarnater or a scemc noncommerCIal corndor deSignated b)' the PmelJas Planmng Councd, the applicant must demonstrate compliance "Ith the design cntena ID tbose deSignatIOns. TIle telecommun]catlOn tower ]s not 10cJled W]!lun a seemc comdor deSignated by the Clt) of Clearwater 3 The deSign and construction of the telccommuDlcatJon to\\er comphes wltb the standard'! ID ArtIcle J DIVISIOn 20: Page 2 ',-, JOint use of eXisting to\\-ers required as an aJternatlve to new tower construction. JOint use of eXisting telecommuOlcatlOns to\\ers or otherexlstlOg buildings or structures IS required as an altemah\- e to ncw tower const ruchon \-\- hene\- e r feasible. Therefo re, anyone considering ne\\ to",er construction, must first explore other ophons Pnor to the Is~uance of an)' bUlldmg pcrmlt for a new tower, a determmahon must be made that no eXisting tower or other structure IS ava.lable as a reasonable alternatn'e. An applicant requeshng a pemut for a ne'" to",er shall submit e",dence to the Ot~ that supports a conclUSIOn that no rea~Dable use can be made of any eustmg to\-\'er or structure. The eVidence shall clearly establish one or more of the follo\\lDg conditIOns. a. No eXlstmg tower or structure IS located ",thm the geographic area reqUired to meet the applicant's coverage requirements. b E:(I~hn2 to\-\-ers or ~tructures are not of sufficient height to meet the applicant's en2iOeenng reqUIrements. c. E'"" stmg towers or structu res do not ha, e ~ufficlent structural strength to su pport the applicant's proposed antenna and related eqUipment. d. The apphcant's proposed antenna would cause electromagnetic IDtcrference '\lth or ",ould be IDterfered '" ith b) other antennas If placed on an}' eXlstlOg lower or structure e. The fees, CO'lts or contractuAl pro'lslons reqUIred b) the owner ID order to share an eXlstmg tower or struclure for a time penod of twenty-fi,e (25) years, e'{teed Ihe cost of de\elopmg a new lower. f It IS nol financlaJl) feaSible to modlf) or replace an e:ustmg tower to accommodate the proposed antenna. g The applicant demonstrates that there are other legJhmate hmltlng factors that render (,,(Istlng towers and structures unSUitable. ThIs pornon of the telecommurucauons regulatIOns IS the most cnncal and forms the conceptual baSIS for the Cltv s regulanon of towers The regulation states that jOml use "I~ reqUIred as an alternat"e to ne\\- to'" er constructIOn ",henever feaSible" (emphaSIS ddded). The regulatIOn furtJler requires an e-.aluatJon of olher opnons wruch 10 thJS case has rcsulted In an agreement 10 allow collocal1on on an e"(lstmg site and reconstruction of an e'\lstmg tower on the School Board propert\ Based on the Willingness of the tov.er O"'Tlcr and property owner to replace the eXlstmg tower and to allow collocation With the other camers an e'lstmg tower IS avatlable as an altemauve to a new lower and Uus e"(lsung to,\er (reconstructed) can se",e the telecommUnicatIOns needs of thiS geographiC area Therefore a new tOll er cannot be Justified at the VirgInia site 2. Jomt use of new to\-\-ers reqUIred. Jomt use of any new telecommunications tower IS reqUired whcnc,er feaSible. In order to promote JOint use of ne\-\- towers, prior to the Issuance of a bUlldmg pernut for a nc\-\- to"'er, the applicant shaD demonstrate a commitment to JOint use as folio", s. a. Solleltahon of addlllonal users. The apphcant requestmg the penmt shall submit e'ldenee to the C1~ demonstrating that a genume effort has been made to soliCit additIOnal userS for Page 3 the propo~ed new to\\er. E\idence of this effort shallmclude, at mldlmum. copies of notices scnt by registered mall, return rctelpt requested, to all other pro\lden of cellular and person,II commuOlcatlon scntlces m PmelldS County, Florida, ad\lsmg of the IDtent to construct a new to\\er, IdentlfYlng the location, mVltmg the JOint use and shanng costs. and request 109 a wntten response wlthm fifteen (15) days, The applICant has submitted proof that he has complIed with these reqUirements The letter the list of users thrtl the letter \\ as sent to and the caples of Rollces sent by registered mall are attached to the apphcatlOn b. Agreement to allow future jomt use. The applicant shall sign .In mstrument, which shall be mamtamed by the City', agreemg to encourage and promote the jOml use of tclecommuOlcatlOns towers Within the City and, to that extent, commlttmg tbat tbere shall be no unreasonable act or omiSSion that ",ould hale the effect of excludmg. obstructmg or del ay I ng the Jomt use of any tower l\ here fair an d Just compensation IS offe red for such use. The applicant has signed an agreement and subrrutted It mth the apphcanon agreemg to encourage JOint use of the to", er The apphcanl Amencan I nfcage IS e,duslveh In the bUSiness of supplymg towers for collocation It should also be noted thai the current agreement "'lth AT & T and the School Board renders tlus need for future Jomt use on a new tQ\\er moot 3 DeSign Standards. a. Height Single user to"'ers are allowed a mdXlmum height of one hundred dnd hlenty (120) feet. To\\ers deSigned for JOint use may be greater m height pro\lded the additIOnal height IS constructed COinCident "'Ith the actual use. Furthermore, e:ustmg confonnmg towers may be Increased m height to accommodate additional users With a Le\el One Approval. Towers deSigned for two users are allowed a maximum belght of one hundred and fort)' (140) feeL To",ers deSigned fOr three (3) Or more users are allowed a maximum hel ght of one hund red and snty (160) feet As prevIOusly mentIOned the applicant IS 10 the bUSiness of collocauon and profits from ma '\.1 ffiI ZIng the use of the tower TIle applicant has stated thaI the tOll er \\111 ha\ e more than three users and, therefore has proposed a tower of one hWl(ired and SI'1\ (160) feet tall b. Setbacks. From re~ldential uses. To\\ers shall be set back from eXlstmg residentJdI uses a dlstdnce equal to the height of the tower. The distance shall be measured rrom the base or the to",er to the resldenhal property hne. The site plan labels the e"(jSlmg structure as "one story masonry office' Ho\\e\er from field observatIOn and research the staff has detennmed that the e"-lSltng struclure IS currently belIlg used as three dwelling uruts The site IS zoned CommerCia] which does nOI allow attached d\\elhng umls as a penmned use AdditIOnally the fonner zonmg was CommercIal General \\ hlCh also prohibited dwelltng umts as a pennltled use Therefore the c'lsung dwelhngs are an Illegal use and code enforcement action has been Imtlated on thiS Issue Any apprO\al of tlle to'" er on thiS site Will reqUIre the removal of the resldenual uses from the Site Page -l- Absent the resldenl1al uruts on the subject property, the proposed to\\-er does meel the setbacks to other resldenltal property m the \ lClnlty since these residentIal uses are more than 160 feet from the tower II. From hlstonc dlstncts and lISted structures. Towers shall be set back a minimum of five hundred (500) feet from an)' NatJonal Register Histone Dlstnct and from an~' mdlV1dual structure hsted m the NatIOnal Register of Histone Places. No National Register Hlstonc DlslTIct or mdivldual structure listed III the Nallonal RegIster of Hlstonc Places IS located \.Vlthm 500 feet from the proposed tower III. From property hnes. To\\ers shall be set back from property lines III accordance With the reqUirements set forth III the zomng dlstnct regulatIOns. There are no selback requlfements set forth m the zonmg dlstnct for telecommwl1catJon to\\ers The proposed tower and concrete pads on wluch to locale the commurucdtlOns eqUipment are selback from the property hnes based on the buffer requlIements which arc ten feet from the Side and front property lmes c. Color and finish Except for pamtmg or markmg reqUired by the FA.A., towers .lOd supportll1g structures shall be a neutral, non-glare color or finish, so as to reduce Visual ohtrusl\ eness. The tower appears III the submitted photographs to be fimshed III a reflectl've metallic color Howe\ er the applicant has stated thai the 10\\ er IS of a nOIlIeflecllve neutral color d. FenCing Towers shall be enclosed by a SIX (6) foot high secunty, masonry or wood fence. A sl'\-foot high cham lmk secun~ fence IS shown on the submltted site plan e. L.llldscapmglScreemng. The penmeter of the tower Site shall be buffered \\Ith shrubs ~elected and placed to screen the base of the to\\er and, to the extent pOSSible, With trees selected and )Jlaced to minimize the '\Crtlcal scale of the tower A mmlmum of ten (10) feet of landscape buffer shall be pro\!lded around the outSide of the reqUired fencmg. The landscapmg deSign requires appro\al of a landscalHng plan by the Commumt~ De\elopment Coordmator as a Le\el One Approvalm accordance wlth the provlSlom of Article" DIHSlon 3 of tbls Development Code. TIle applicant has not shown 10 feet of landscapmg around the tower fence However there IS ample room to locate the tower closer to the eXlstmg bUlldmg m order to comply With this reqUirement The apphcant has mdlcated on the site plan that the to\\- er site w1l1 be surrounded by penmeter plantmg ID compliance With the City'S regulabons The applicant IS provldmg the reqwred buffer along Vlrguua Street Ifl additIOn to the buffer reqUirements for commumcatlOn towers f. IIIummatlOn. Towers shall not be artifiCially hj!;hted e'tcept as reqUired b} the FAA At time of constructIOn of a tower, III cases where there are reSidential uses located wlthm a dl~tance which IS three hundred percent (300%) of the height of the taller from the tower, dual mode hghtlDj!; shall he requested from the FAA Page 5 To" er III wmnatlOn IS not e'\l'ected to be a req uJrement of the FAA for thiS tower and the applicant has nol proposed to Illununate the tower g. Appurtenances. Appurtenant bUlldmgs and structures sh.dl conform to the standards set forth m the zOOlng dlstnct regulatIOns. Such bUlldmgs and structures sh.dl be 'lcreened from adjacent properties and public streets. At a tower Site, de.'llgn of the buddmgs and related structures shall, when practicable, use matenaJs. colors, textures, seret:D1ng, and landseapmg that will blend them IOto tbe natural settmg dnd surroundmg bUlldmgs to mlOlmlLe the \'ISudllmpact. No appurtenant bwldmgs arc proposed at tlus time TIle applicant has proposed slabs on which the users mil place then bUlldmgs and eqUipment The slabs are screened from adjacent properties and streets by proposed landscapmg h DeSign. To the e'ttent practIcable, the tower shall be deSigned to blend IOto the surrounding en\lronment 10 order to protect the aesthetics of the neighborhood where the to\\er IS proposed. The applicant has commItted to workmg with staff to provide the most cfTcctlve deSign treatment possible to blend the tower mto the C\lstmg neighborhood Wal\ers. The deSign standards Identified abo\e may be reduced or wawed If 'luch reductIOn or waner would better ..atlsf)' the IOtent of thiS DmslOn and such modification or \\an'er IS reViewed and decided b)' the CommuOIty De\elopment Board m concert With the apphcatlOn for a Le\'el Two Appro\ al. TIle apphcanl has not requested any waivers of the deSign standards 4 Ad\ertlsmg prohibited; reqUired slgnage and ..ecunty. No tower shall be used for ad\crtlsmg of an~ t~ pe, and the placement of SignS, other than warnmg Signs and small m/or mat on placards '" Ith cmergenc~ dnd 0\\ ner mform.l.llOn, IS prohlllltcd All to\lers must be reasonahly posted, 10 accordance \\Ith the Clt)' of Clearn'ater ..12n ordmdnce, and secured to protect agalOst trespass. The applicant IS not proposmg any advertlSlng 5. InstallatIOn and mamtenance ~tandards. Owners shall mstall and mdmtam towers, tclecommumcatlOns facilities, Wires, cables, fixtures and other equipment 10 compliance \\Itb the requirements of the National Elcctne Safet~ Code and all FCC, state and local regulation.., mcluding adopted buddmg codes. Pnor to the Issuance of a certificate of occupant)' for a tower, the applicant shall pro\-Ide an engineermg certification that the Ilroposcd structure mcets such regulatol) standards, IOcludmg adopted bUlldmg code standards for \\md "c1oelty. All towers shall achlc\e and mamtam compliancc With current radIO frequene) cml..Mons standards promulgated b) the FCC TIle apphcant proposed to compl) wilh thcse reqUirements pnor to !.he Issuance of a Ceillficate of Occupancy 6 Remo\'al of abandoned antennas dnd to\\ers. An)' telecommumcatlOn tower that doe~ not sUPllort an operatlOg antcnna for a penod of mchc (12) consecutne months shall Page 6 be con~ldcred abandoned dnd llhall be removed or redcti"dted upon written notification by the Cil} '" IthlD srit) (60) da) 'i of said notificatIOn. Failure to do 'iO shall con'illlute a Holatlon of th IS Dc\ elopment Code. Tills conditIon IS not apphc<lblc smcc no tOller currently eXists on the Site STAFF RECOMMENDATION In sunUllar\ the pnmal)' conditIon for allomng a new tower IS that no reasonable alternatIve eXists for use of an e\Jstmg to" er AT&T and the School Board have now agreed to reconstruct the e\l sting tower on the Arcluras site and to allow other carners to locate on the reconstructed tower Further AT&T IS III active negoliallon with the SIX other earners who are v13ble III tIllS geograpluc area and market to eonfinn their parttclpatlOn Therefore there IS a reasonable alternative to a ne"" tower ,,,hleh IS to reconstruct the Arcturas tower on the School Board site Based on tIle e\.lstence of thIS aItemauve tillS applicatIOn IS lllconSlstent \\ Ith the telecommurucauons regulatIOns and a new lower 1 s not JuStified TIle Pl,mnmg staff recommends DENIAL of the proposed te!ccommumcatJons tower to be located at 505 VIrginia Lane as requested by Amencan [ofoage based on the cntena of the telecommurucatJons regulatIOns of the CommuIl1tv Development Code ",'paced b, C, nd, Hard'n Ass"tant Pl~D"~C10' ASSIStant Planmng Director Approval _ ~Y Planlllng Duector Approval Attachments Locallon Map Zomng Map Aenal Photo Photo of to\\ er Similar to the proposed to\\cr AppltcatlOn Page 7 ;~rwater ;~ ARTICLE 3: DEVELOPMENT STANDARDS Division 20. Telecommunication Towers Division 20. Telecommunication Towers. Section 3.2001. TelecommunicatIon Towers and Antennas. A Purpose and goals. The purpose of thts DIvIsIOn IS to establish general standards for the slUng of telecommurucatIons towers and antennas The goals are to encourage the use of eXIstIng structures as an alternatIve to new tower construction, to encourage the Jomt use of new towers, to encourage the deSIgn and constructIon of towers and antennas wluch mmmuze the adverse VISual impacts. and to enhance the abIlny of providers of telecommurucations services to furnIsh such services Wltlnn the City qwckly, effectIvely and efficiently. It is not the mtent of the CIty to dlscnmmate among provIders of functionally eqUlvalent servIces, or to prolubIt or have the effect of prohi bI tmg the provlSlon of personal Wireless services B Applicability TelecommurucatIons towers and antennas Installed and mamtamed In accordance With tlus DIVISion are exempt from the heIght hmnatIons for bulldmgs and structures set forth elsewhere m tlus Development Code The reqUIrements set forth In tlus DIVISion shall govern the height of towers and antennas The mstallal10n of an antenna on a bulldmg wluch IS nonconfonmng m terms of the heIght lImItatIons ofthts DIVISion shall not be deemed to conslltute the expansIOn ofa nonconformmg use The IOStallatlon of an antenna on an eXlstmg tower wluch IS nonconfonmng m terms of the proVISIOns oftlus DIVISion shall not be deemed to DIVISIon shall not be deemed to constItute the expansIOn of a nonconformIng use Amateur radiO antennas operated by a federally licensed amateur radIO station operator are exempt from the proVIsions oftlus DIVISion Home satellite dish antennas which are one meter or less m diameter and Similar receive-only antennas are considered a reSidentIal accessory use, and are exempt from the requirements ofws DIVISIOn C Antennas Antennas are an accessory use In all zomng dlstncts Antennas may be Installed on eXIstmg structures, such as bUIldmgs, or other freestandmg structures, provided the Installation adds no more than twenty (20) feet to the heIght of the structure and the antennas and supportIng eleclncal and mechanical eqUlpment are neutral In color and Identical to, or closely compatIble With the color of the supportIng structure so as to make the antennas and related equipment as Visually unobtrusIve as possIble Where possIble. antennas should be ardutecturally screened or Integrated mto ardutectural elements All antenna InstallatiOns shall requITe a pennlt from the CIty No lIghtmg shall be permItted, except as may be reqwred by the F ederal AViatIon AdrmmstratIon D T elecommurucatlon Towers JOInt use of eXlstmg towers requIred as an alternative to new tower constructIon Jomt use of eXistIng telecommurucatlOns towers or other eXlstmg build lOgs or structures IS reqUIred as an alternatIve to new tower constructIon whenever feasIble Therefore, anyone consIdering new tower constructIOn, must first explore other options Pnor to the Issuance of any Cm' OF CLEARWATER LAND D EVELOPME""'T REGULA nONS AS ADOPTED JANUARY 21.1999 PAGE J...121 ~~rwater ~~ ARTICLE 3: DEVELOPMENT STANDARDS Division 20. Telecommunication Towers buildmg penmt for a new tower, a determination must be made that no eXIstIng tower or other structure is available as a reasonable alternatIve An applIcant requesting a permit for a new tower shall submJt evidence to the CIty that supports a conclUSIon that no reasonable use can be made of any eXistIng tower or structure. The eVIdence shall clearly estabhsh one or more of the folloWIng conditIons. a. No eXlstIng tower or structure IS located wrthm the geograpluc area required to meet the applicant's coverage reqwrements b EXlstIng towers or structures are not of sufficient height to meet the apphcant's engmeenng reqwrements. c EXlstmg towers or structures do not have sufficIent structural strength to support the apphcant's proposed antenna and related equipment d. The applicant's proposed antenna would cause electromagnetIc mterference WIth or would be mterfered WIth by other antennas if placed on any eXlstmg tower or structure e The fees, costs or contractual provisions reqwred by the owner m order to share an eXlstmg tower or structure for a time penod of twenty-five (25) years, exceed the cost of developmg a new tower f It IS not fmancially feasible to modify or replace an eXlstmg tower to accommodate the proposed antenna g The applicant demonstrates that there are other leg1tlmate lImitIng factors that render eXlstmg towers and structures unsuItable 2 PermItted Use ModIfications or Replacement of Towers and UtilIty Structures to Accommodate Co-location by Level One Approval (Flexible Standard) a Modification or Replacement of EXisting Telecommurucal1ons Towers. An eXlstmg telecommurucatlons tower may be modified or replaced to accommodate the co-locatlon of antennas as a penmned use, as follows Telecommurucatlons towers wluch, when modified or replaced, Will conform to the reqwrements of th1s Development Code, may be modified or relocated on the same zomng jot 11 Telecommurucatlons towers wluch, when modified or replaced, wIll not conform tot he reqUIrements of tlus CITY OF CLEARWATER LAND DEVELOPMENT REGULA nONS AS ADOPTED JANUAR\ 21, 1999 PAGE 3-122 / ~(ili}rwater ;;~ ARTICLE 3: DEVELOPI\tENT STANDARDS Division 20. Telecommunication Towers Development Code, may be increased m height, up to fany feet above the ongmally approved height and/or relocated on the same zomng lot, one tlme, Within 75 feet of the eXl5Ung locallon Without regard to setbacks-- or heIght related IlD11tattons. UI After a telecommunicatIons tower IS replaced, as provIded herem, the eXl5Ung telecommUnIcatIons tower shall be removed Within 90 days. iv The modified or replaced telecommumcations tower shall be either of the same type as the eXlstmg telecommurucatlons tower or a monopole. b Modification or Replacement of Existmg Dtihty Structures Other than Telecommurucatlons Towers An eXIsting utilIty structure, such as hght poles. power poles, electncal tranSIDlSSlOn towers, and the like, may be modIfied or replaced to accommodate both Its pnor function, and to SeMce the placement of antennas as follows Such structures whIch, when modIfied or replaced, wIll conform to the heIght and placement requIrements of tlus Development Code for the pnmary structure so modified or replaced, may be modified or relocated on the same zonmg lot Wltlun the requirements oftlus Development Code II Such structures whtch. when modIfied or replaced wIiI not conform to the heIght and placement requirements of the Development Code for the pnrnary structure may be (1 ) Increased 10 heIght, one time. (2 ) If a distance greater than 100% of the height of the modified structure from any smgle-faIntly reSIdential structure. up to 50% of the height of the eXlsttng structure or a total of 140 feet, wluchever IS less, or (3 ) If a distance less than 1 00% of the height of the modIfied structure from any single-famIly reSIdentIal strUcture, up to 25% of the height of the eXlstmg strUcture or a total of 140 feet, wluchever is less, and/or (4 ) Relocated on the same zomng lot, one tIme, witlun 50 feet of the eXIstmg locatIon, with adnumstratlve review and WIthout conformance WIth any other em' OF CLEARWATER LA~D DEVELOPMEJ'II'T REGULATIONS AS ADOPTED JANUARY 21, 1999 PAGE 3-123 ~(lli)rwater ij~ ARTICLE 3: DEVELOPMENT STANDARDS Division 20. Telecommunication Towers , ~...c.......-~ setback, separation or heIght related reqwrements contaIned hereIn. (5.) The modified or relocated structure shall comply WIth all applIcable FCC and FAA regulations and applIcable building codes. 3 JOInt use of new towers reqwred. Jomt use of any new telecommwucatlons tower IS reqwred whenever feasible In order to promote joint use of new towers, prior to the ISSuance of a bwlding permIt for a new tower, the applIcant shall demonstrate a CODlIDltment to JOInt use as follows: a SoliCitatIon of additIonal users The appltcant requesung the penmt shall subnut eVIdence to the CJty demonstratmg that a genume effort has been made to sohclt additional users for the proposed new tower. EVidence of tlus effort shall mclude, at mlrumum, copIes of notices sent by regIstered mall, return receipt requested, to all other prOViders of cell ular and personal commurucatIan servIces m Pmellas County, Florida, adVlsmg of the mtent to construct a new tower, identlfymg the location, mVltmg the Jomt use and sharing costs. and requestmg a wntten response WJthm fifteen (15) days b Agreement to allow future jamt use. The apphcant shall Sign an mstrument, whIch shall be maIntaIned by the City, agreemg to encourage and promote the JOInt use of telecommurucatlons towers witlun the City and, to that extent. comnuttmg that there shall be no unreasonable act or omiSSIon that would have the effect of excludmg, obstructing or delaymg the JOInt use of any tower where fau and Just compensatIon IS offered for such use. / 4 DeSign Standards a HeIght Smgle user towers are allowed a maxImum heIght of one hundred and twenty (120) feet Towers deSIgned for JOint use may be greater In helght provIded the addIt10nal heIght IS constructed coinCIdent Wlth the actual use Furthennore, eXIsting confomung towers may be mcreased m height to accommodate addmonal users WIth a Level One Approval. Towers deSIgned for two users are allowed a maxImum height of one hundred and forty (140) feet Towers deSIgned for three (3) or more users are allowed a maxImum heIght of one hundred and SIxty (160) feet b. Setbacks From reSIdential uses Towers shall be set back from eXlstlOg reSidentIal uses a dIstance equal to the height of the tower CITY OF CLEARWATER LAND DEVELOPMEI\'T REGULATIONS AS ADOPTED JANUARY 21, 1999 PAGEJ...114 ~mrwater u~ ARTICLE 3: DEVELOPl\1EI\1]' STANDARDS Division 20. Telecommunication Towers The distance shall be measured from the base of the tower to the resIdentIal property lIne. 11. From histone dIstrIcts and lIsted structures Towers shall be set back a mmrmum of five hundred (500) feet from any NatIonal Register lustonc dIStrIct and from any mdiVldual structure lIsted m the NatIonal RegIster offustonc Places lU From property lmes. Towers shall be set back from property Il.11es m accordance WIth the requIrements set forth m the zorung dIStnct regulations c Color and fl.11ISh Except for paintmg or markmg requIred by the FAA, towers and supportmg structures shall be a neutral, non-glare color or fIrush, so as to reduce VISual obtrusiveness d fencmg Towers shall be enclosed by a SIX (6) foot hIgh secunty, masonry or wood fence e Landscapmg/Screenmg The pen meter of the tower site shall be buffered WIth shrubs selected and placed to screen the base of the tower and, to the extent possible, WIth trees selected and placed to mImmIze the vertical scale of the tower A mInImum often (10) feet of landscape buffer shall be provIded around the outsIde of the reqUIred fenCIng The landscapmg deSIgn reqUIres approval of a landscapmg plan by the Commuruty Development CoordInator as a Level One Approval In accordance V'"Ith the prOVISions of Article 4 DIV15l0n 3 of thts Development Code f IllumInatIon Towers shall not be artIficIally lIghted except as reqUIred by the FAA At tIme of constructIon of a tower, In cases where there are reSidentIal uses located Wlthm a distance whIch IS three hundred percent (300%) of the height of the tower from the tower, dual mode IIghtmg shall be requested from the FAA g Appunenances Appunenant bUIldmgs and structures shall confonn to the standards set forth m the zomng dlstnct regulatIons Such bUIldmgs and structures shall be screened from adjacent properties and publIc streets At a tower SIte, deSign of the bulldmgs and related structures shall, when practIble, use matenals, colors, textures, screemng, and landscapmg that will blend them mto the natural settmg and surroundmg bUlldmgs to mIrnmIze the vIsual Impact h DeSIgn To the extent practlcable. the tower shall be deSigned to blend mto the surroundmg environment m order to protect the aesthetics of the neighborhood where the tower IS proposed em' OF CLEARW A TER LAND DrVrLOPMEJ'I,'T REGULA nONS AS ADOPTED JANUAR\ 21, 1999 PAGE }..125 ~mrwater ~~ ARTICLE 3: DEVELOPMENT STANDARDS Division 20. Telecommunication Towers WaIvers. The desIgn standards Identified above may be reduced or waIved If such reduction or WaIver would better satisfy the mtent of thts Division and such modIficatIon or waIver is reviewed and decided by the Commumty Development Board in concert With the apphcation for a Level Two Approval. 4 Advertlsmg prohibIted. reqwred signage and secunty No tower shall be used for advertlsmg of any type, and the placement of signs, other than wammg Signs and small mlor mat on placecards With emergency and owner informatIon, 15 prolublted. All towers must be reasonably posted, in accordance with the CIty of Clearwater Sign ordmance. and secured to protect agamst trespass. 1. 5 Installation and mamtenance standards. Owners shall install and mamtain towers, telecommumcations faclhtles, Wires, cables, fixtures and other eqwpment 10 comphance With the reqwrements of the NatIOnal Electnc Safety Code and all FCC. state and local regulatIOns, mcludmg adopted buddmg codes Pnor to the Issuance of a certIficate of occupancy for a tower, the apphcant shall proVIde an engmeenng certificatIon that the proposed structure meets such regulatory standards, mcludmg adopted buildmg code standards for wmd velOCIty All towers shall aclueve and maIntam comphance With current racito frequency enusslOns standards promulgated by the FCC. 6 Removal of abandoned antennas and towers Any telecommUnIcation tower that does not support an operatmg antenna for a penod of twelve (12) consecutive months shall be conSIdered abandoned and shall be removed or reactivated upon wntten notification by the City Wltlun Sixty (60) days ofsatd notificatIon Failure to do so shall constitute a Violation oftlus Development Code E Comphance With other codes and safety standards Telecornmurucauon towers and antennas shall comply With all applIcable regulatlons and safety standards of the Federal A vIatlon AdImrustratJon, the Federal Commwucauons COrnInlsslon. and any other agency With regulatory authonty. em OF CLEARWATER LAND DEVELOPME!'\T REGULATIONS AS ADOPTED JANUARY 21.1999 PACE 3-126 L . TRANSMISSION VERIFICATION REPO~ r TIME' 01/21/2000 17'19 DATE,TIME FAX NO INAME DURATION PAGE(S) RESULT MODE 01/21 17 11 914075488383 00.07.55 17 OK STANDARD EeM . ~ Transmittal TO David Doulong, RW Beck FROM Lisa FIerce, City of Clearwater DATE January 12, 2000 SENT VIA FEDERAL EXPRESS Please find the telecommunIcatIOns tower maps and tower owner mformatlon you requested Please call me If you have any questions at 727 5624561 U \My Documents\correspondence\d doulong Transmittal doc r=ft~ E 7; ~~ 1, V ft(L Iqt~ ftfdbi I) c CD ~ l!L ~fi S' aJ :s 5" (Il ~~ ~.... g...:;. n ~i ~ !. ~i i: a ~sg.o,'" Hig:g i~ a Q if ,ijo I 0 ~ Iii . 0 ;lg TI = ~~ i: It ~ 3~ = m =: ;::;. liT n lie I:: ~~ 0 ~ ~ ii'a 3 ro - "-.. 0 0 ~~ ? G - a "'" :, ~ w w w 5\ o .... .... .... ~ .... 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" '" 3"- [~ @ S3 :l: ~ ~. c::r- ~. ~ ~;;: goO' ~.~ ~a~ r-> ~-l o /1J I OJ /1.J 00 jo.< I ~-l (]:I I::-l Ln ..c ru ....D (]:I -...J l..r1 ...c ..c Cl :::lr' / Cl'l ru' J::-I tn, fii rll' ii'" ~~ f~ ~$.. ~ 3 ~c ~ t ...s-.. 0"' ,-.I<,' u~l~ ~~ ~ i~~li ~ :fu jf~;~.ij' ~:{..... I;] i! 1- ~~ .il;r-l!l Hf' I' .j ". \\ ;.........,....< Fierce, Lisa ~~ From Sent- To' Subject Walsh, DIane Tuesday, January 04, 2000 11 59 AM Fierce, Lisa 1997 and 1998 Police $tats for 505 Virgin la La ne The Police only have stats on the computer dating back to 1997 If you would like to go further back than that, you will have to research that manually through all their records The three prevIous years should be sufficient Under our prevIous code, for example, we only researched 1 year for an address that was applYing for a conditional use If you need any further clanficatlon, Just ask 1997 CFS (Calls fOf Service) at 505 VlfQmia Lane CIVIL (CIvil Matter) . 1 DISTI (DIsturbance/Disorderly In Progress) . 1 REPO (Repossession) - 1 RV (Reckless Vehicle In Progress) . 1 SEI (SUSpiCIOUS Event In Progress) . 1 199' DR (Written Reports Of Police Reports) at 505 VlfQmla Lane' There were none for the year 1997 1998 CFS (Calls fOf Service) at 505 Vm:uma Lane: CIVIL (CIvil Matter) . 1 DISTI (Disturbance/Disorderly In Progress) - 1 REPO (RepossessIOn) . 1 RV (Reckless Vehicle In Progress) - 1 SEI (SUSpICIOUS Event In Progress) - 1 1998 DR (Written Reports Of Police Reports) at 505 VlfQlma Lane: UNK (Unknown Problem) . 1 Fierce, Lisa -~ From: Sent. To, Subject' Walsh, Diane Monday, January 03, 2000308 PM Fierce, Lisa Statistics for 505 Vlrgtma Lane 1999 Calls for Service for 505 Virginia Lane lnc Code ACTZ (Assist Citizen) 1 ASL T J (Assault Just occured) 1 CIVIL (CIvil Matter) 1 DOMIN (Domestic In Progress. no inJury) NCI (Neighbor Complaint In Progress) 2 1999 Wntten Reports for 505 Virginia Lane ASL T J (Assault Just occured) 1 DOMIN (DomestIc In progress- no inJury) 1 Flerc,e, Lisa From' Sent. To: Cc' Subject Doherty, Gen Tuesday, January 04, 2000 1 50 PM Hall, Bob Fierce, Lisa RE 505 Virginia Lane - Site of proposed Amencan InfoAge tower The VIolation IS that a bUilding IS being used as residential and the property IS zoned C (Commercial) There are three living units ThiS use IS not "grandfathered" In I called the owner last week and Informed him we would be pursing thIS Violation Draft of Notice of Violation has been given to staff Code section cited IS 1-104 B ---Ongmal Message---- From Hall, Bob Sent Tuesday, January 04, 2000 1006 AM To Doherty, Gen Subject FW 505 Vlrgmla Lane - Site of proposed Amencan InfoA!;Je tower What would the code number be for thiS one? Please let Gina know -----Onglnal Message----- From: Fierce, Lisa Sent: Monday, January 03,20005 13 PM To: Hall, Bob Subject: RE 505 VIrginia Lane - Site of proposed Amencan InfoAge tower can you be more specific? what are the charges/citation? ---Ongmal Message---- From Hall, Bob Sent Monday, January 03,2000959 AM To FIerce, LIsa Subject R E 505 Vlrgmla Lane - Site of proposed Amencan InfoAge tower Zoning, I believe -----0 n g I na I Message----- From: Fierce, Lisa Sent: Monday, January 03, 2000 9 17 AM To: Hall, Bob Subject: RE 505 Virginia Lane - Site of proposed Amencan InfoAge tower. what exactly IS the code vIOlation? ---Ongmal Message--- From Hall, Bob Sent Wednesday, December 29, 1999220 PM To Fierce, Lisa, Dougall-Sides, Leslie, Kronschnabl, Jeff Subject FW 505 Virginia Lane - Site of proposed American InfoAge tower FYI update -----0 n 9 I na I M e55age----- From: Doherty, Geri Sent: Wednesday, December 29, 19992 17 PM 1 To: h.... , Bob Subject" RE 505 Virginia Lane - Site of proposed American InfoAge tower No, It'S not that far yet It was decided I would notify the property owner that thiS IS Indeed a code violation that we are gOing to enforce I told Jeff I'd notify the owner after Christmas ---Onglnal Message---- From Hall, Bob Sent Wednesday, December 29, 1999 1 39 PM To Doherty, Gen Cc Kronschnabl, Jeff Subject RE 505 Virginia Lane - Site of proposed American InfoAge tower Is thiS the property that you are prepanng for the code board? Status please -----Ong I na I Messag eu--- From: Kronschnabl, Jeff Sent' Wednesday, December 29, 1999 1 29 PM To: Fierce, Lisa, Dougall-Sides, Leslie, Hall, Bob Subject: RE 505 Virginia Lane - Site of proposed American InfoAge tower Bob - please handle- -----Ongmal Message----- From Fierce, Lisa Sent' Wednesday, December 29, 1999 11 28 AM To Dougall-Sides, Leslie, Kronschnabl, Jeff Subject RE 505 Vlrgmla Lane - Site of proposed Amencan InfoAge tower IS there anything new on thiS one? have we cited the owner yet? we got a call from an angry neighbor about the residents living In the "office" do you have any mformatlon on calls for service or police reports on thiS property??? --anginal Message--- From Dougall-Sides, leslle Sent Tuesday, December 21, 1999 8 54 AM To Stone, Ralph Cc Fierce, Lisa Subject FW 505 Virgmla lane - Site of proposed Amencan InfoAge tower Already dealt with question, see below ---anginal Message---- From Dougall-Sides, Leslie Sent Friday, December 17, 1999 3 28 PM To Kronschnabl, Jeff Co Doherty, Gen, Stone, Ralph Subject FW 505 Vlrgmla Lane - Site of proposed American InfoAge tower In revlewmg the CDB fll e fa r the proposed te lecom tower, the site plan appears to indicate that the eXlstmg office bUilding Will remam The Staff Report states that "the eXisting office bUilding Will remain on the site and contmue to be used as an office" Therefore [ do not see a legal obstacle to citing the property owner for a zoning violation simply because the tower applicatIOn IS pendmg However, please review the followmg Issues with me pnor to Citation 1 proof of use as residence, 2 ownership for citation [owner shown on CDB app as William and Hope Georglllas, contract for sale and purchase pending} -----Ongmal Message--- From Dougall-Sides, Leslie Sent Fnday, December 17, 1999827 AM To Stone, Ralph 2 4 ~\ lbJ&t FW 505 Virginia Lane - Site of p )d Amencan InfoAge tower Are you aware of whether the structure referred to IS to be demoed m connection wEth erectIon of the tower? My Impression IS that the tower IS to occupy a separate portion of the site ---Onglnal Messagem- From Kronschnabl, Jeff Sent Thursday, December 16, 1999411 PM To Dougall-Sides, Leslie Cc Akin, Pam, Asmar, John, Hall, Bob, Doherty, Gen Subject FW 505 Virginia Lane - Site of proposed American InfoAge lower Leslie - this gentleman feels that he IS m double Jeoperdy of sorts and qUIte angry to say the least The city IS lookmg mto the cell phone tower Issue and at the same time we fmd him m violation of zonmg code on rental properties We are prepared to move forward Our question IS ~ ulS there anythmg we need to be made aware of m the negotiations on the cell tower that would somehow connect to our other enforcement action"? -----Ongmal Message----- From: Doherty, Gen Sent: Thursday, December 16, 1999359 PM To: Kronschnabl, Jeff Cc: Hall, Bob Subject' 505 Vlrgmla Lane - Site of proposed American InfoAge tower We have received a complaint regarding the use of the bUilding located at 505 Virginia Lane The property IS zoned C (Commercial Dlstnct) and IS currently being used as 3 residences ThIs IS a zoning code Violation A couple of years ago there was a bUSiness licensed here and there was someone liVing there but the reSidential use was accessory to the bUSiness use I called Miller M Cooper, the property owner, today and he IS upset to hear of this Violation especially With hiS proposed communications tower approval being In a suspended date Should we walt untIl the tower Issue IS resolved before taking further actIon? 3 Ja~ 05 00 02:38p NDC of FL., LLC 727-55S~0417 p. 1 DELTA COMMUNICATIONS INTERNA TIONAL, INC. fACSIMILE TRAN9MITTAL SHEET = P,~kc. ~4."-C- no" lJ~ &Lr<2'1C- COMPANY ' --.f], I DATE c:/{, ort/ 'p/J/' tJDk, ..5 r)4 n /)0 FAX NUMBC1~ ) -'"7~(YfAL NO OF PAGES ll'lO.UDING COVER.. _~~7 ,~~-~~ ~ PHONE l'IUM 8' SENDER"$ REFERENCE NU MBE:R. R& I J . YOU/l /lI'FFRFNCE NUIIlBER. ~flf1/~ Ii? ~c:r '$""0 S' VI!t.4JI\JIA.. /.....,.,1 o URGEr. r Ii'J FOR REVIEW 6ZI PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTI>S/CO/o'MENTI; F/JiIJ-rFa, .lat-a IVlJ.dn7" 6-rr:;u.../ ekvabtPI ~n./ OVCrd///"'r'1- 7lJf1k:J ~ ,y/ji>-?? ----------- -~ r~~~l-S."" ~lelZ-V Ct) ft{ -- \>vPt~~1 - ~ ~l Lt:>\OD '-~! ~ Iil U W ~ ~ .1 JAN-53ID ~ o I CITy Of CLEARWATER PUBtlC WORKS ADMINtS1RA1ION " 2721 ULMERTON RD SUIT!! 230 CLEARW^TER, FL .5)762 -- FILE Jan 05 00 02:39p NDC of FL.. LLC 727-556-0417 UNITED STATES OF AMERICA FEDERAL COMMUNICATIONS COMMISSION ANTENNA STRUCTURE REGISTRATION Owner AMERICAN INfi:'AGE. LLC CINDY DOMINC AMERICAN INF 2727 ULMERTC CLEARWATER, Registration Number , 1202922 'OAGE, LLC 'N RD., #230 F'L 33762 Issue Date 09-16-1999 . - llue Ground Elevation (AMSl) LANE 16.8 meters . , L Overall Height Above Ground (AGL) 48.8 meters - longitude Overall Height Above Mean Sea level (AMSU 82-45-40.1W NAD83 65.6 meters - Irements s 4, 8, 13 _ght ~n Accordance with FAA Circular Number 70/7460-1J location of Antenna SITu, 505 VIRGINIA CLEARWATER, "F latItude 27-57-36.2N Painting and lighting Requ FAA Chapte~ Paint and C. Special Conditions ThiS registration IS eff'2::tlve upon completion of the descnbed antenna structure and nollflcatlon to the Commission YOU Ml~f NOTIFY THE COMMISSION WITHIN 24 HOURS OF COMPLETION OF CONSTRUCTION OR CANCelLATION OF YOUR PROJECT Use FCC Form 854 To file electronically, connect to the antenna structure regIStration sysfem by pOinting your web browser to http /Iwww fce gov/wtb/ontenno ElectrOniC filing f5 recommended You m~:y also file manually by submlffing a paper copy of FCC Form 854 Use purpose code .NT' for notlflcahon of camp shan of constructIon, use purpose code 'CA. to cancel your reglslrollon The Antenna Structure r eglstrahon IS not on authonlotlon to construct radio faCIlities or transmit radio Signals It IS necessary that all rodlc '~qUlpment on thiS structure be covered by a valid FCC license or construction permit 11; I' You must Immedlatel) prOVide a copy of thiS Registration to all tenant licensees and permltfees sited on the structure described on thiS Reg/stratlon (although not required, you may want 10 use Certified Mall to obtain proof 01 recelpl), and dJllplcW your Regrstratlon Number at the site See revef'1e for Important rnformatton about the Commlulon's Antenna :ilructure ReglstratJon rules lr"'- ,\ , 1 I ~ SEP 9, 3 19~9 92 FCC 854R JurV 1999 Ja.-' 05 00 02: 39p NDC of FL., LLC 727-556-0417 VJr~'fll&.1 p.3 L-L1 '1 c.. - -i> Federal Aviatio~ Admlnistration southern Region, ASO-520 P.o. Box 20636 Atlanta, GA 3:320 ISSUED DATE: 09/09/99 CINDY DOMINO, GENERAL MGR AMERICAN INFOAG~:, LLC 2727 ULMERTON R~., #230 CLEARWATER, FL 33762 ** )ETERMINATION OF NO HAZARD TO AIR NAVIGATION ** AERONAUTICAL STUDY No 99-ASO-3539-0E PRIOR STUDY No' 99-ASO-2040-0E The Federal Av~ation AdmlTIlstratlOTI has completed an aeronautlcal study under the provi31ons of 49 U S C., Section 44718 and, lf appllcable, Tltle 14 of the Code of Federal Regulations, part 77, concerning. Descrlption: CORRECTS COORDINATES TO PROPOSED ANTENNA TDWER- STRUCTURE ONLY CLEARWATER FL 2?-57~36.24 NAD 83 082-45-40.10 160 feet above ground level (AGL) 215 feet above mean sea level (AMSL) Location. Latltude: Longitude. He1ghts. Th1S aeronaut1cal study revealed that the structure does not exceed obstruct1on standards and would not be a hazard to a1r navigation prov1ded the foLlow~ng cond1t1on(s), if any, ls(are) met. -As a conditlon to this determination, the structure should be marked and/or llghted 1n accordance with FAA Adv1SOry Circular 70/7460-1J, Obstruction Mark~ng and Lighting, Chapters 4, 8 (M-Dual) , & 13. Th1S determ~nat~on exp1res on 02/09/01 unless. (a) extended, revised or terminated by the issuing off1ce or (b) the construct1on 16 subject to the licens1ng authority of the Fejeral Commun1cations Commi5s~on (FCC) and an application for a construction permit has been filed, as required by the FCC, wlthlD 6 months of the date of this determinat1on. In such case the determination expires on the date prescribed by the FCC for completion of construction or on the date the FCC den1es the applic3.t1on. NOTE. REQUEST FJR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION D~TE. This determinat~~n is based, 1n part, on the foregoing description which 1ncludes specif~~ coordinates, helghts, frequency (ies) and power. Any changes in coordlnates, he1ghts, frequency (ies) or use of greater power will void this d~termination. Any future construct1on or alterat1on, including increase in heights, power, or the addition of other Ja~ 05 00 02:39p HDC of FL., LLC 727-556-0417 p.4 k , .r-. /transm~tters, requ~res separat~ notlce to the FAA ThlS determ2naticn does ~nclude temporary construction equipment such as cranes, derrlcks, etc , which may be used dur~ng actual construCtlon of the structure. However, thlS equlpment shall not exceed the overall heights as indic~~ed above. Equ~pment WhlCh has a height greater than the studied structur~' requires separate notlce to the FAA. This determlnati(n concerns the effect of thlS structure on the safe and efflclent use of navigable alrspace by a~rcraft and does not relieve the sponsor of compliance respons~bil~tles relatlng to any law, ordlnance, or regulation of ani Federal, State, or local government body. A copy of this d'2termlnation will be forwarded to the Federal Communlcations Commlssion If the structure 1S subJect to thelr llcensing authority. If we can be of further assistance, please contact our offlce at 404-305-5588 On any future correspondence concernlng this matter, please refer to Aeronaut~cal Study Number 99-ASO-3539-0E ~ ..t. t.... .,. \. J A-I ~4 Armando Castro Speclalist, Alrspace Branch (DNE) .. Fierce, Lisa From Sent To. Ce Subject. Gust, Mike Thursday, January 06, 2000 1 48 PM Bahnlck, Glen QUillen, MIchael, Melone, Donald, O'Bnen, Kelly, Maran, Robert (Bob), Fierce, Lisa Communications Tower at 505 Vlrgmla Lane I have a copy of the FAA "Determine of No Hazard to Air NaVigation" for subject proposed 160 ft tower indicating an above mean sea level elevation of 215 ft, thus wlthm the 221 AMSL max you had specified Please let me know If anyone needs a copy or If anythmg else needs to be checked - my copy will be In the Site plan file folder Thanks for the help 1 i' ,J "- Transmittal FROM David Doulong, RW Beck PO Box 538817 Orlando, Flonda 32853-8817 ~ Lisa Fierce, CIty of Clearwater TO DATE January 20. 2000 Please find the telecommunicatIOns lower map at the scale of 1 2,000 feet Please call me If you have any questions at 727 5624561 ". .r" \ U \My Documents\correspondence\d doulong Transmittal doc JAN 13 '00 06'16PM RW R""r1;'h I " P 1 .. FACSIMILE COVER SHEET RW'llECK To: Lisa Fierce City of Clearwater Fax' 727-562-4576 Phone' 727-562-4561 Date!flme Pages (including cover) Cost Account: 1/13/00 I 5, 1 8 PM 1 032300 From: Sean Crou p Orlando Consulting Fax 407-648-8382 Phone, 407-648-3543 Internet. SCROU P@RWBECKCOM Message: requested, morning. Lisa, the following IS the peS/Cellular license information you I will have this formalized and sent to you on letterhead In the Please call me if you have any questions In the meantime PSC License 1/iJ' ) A APT - Tampa/Orlando lU~ B PrlmeCo Communication Services C. Nextwave Personal CommunicatIons o Spnntcom, lnc E BellSouth WIreless F Telecorp Holding Corporation ~ Cellular License A Ce!lularOnetAT&n B GTE ~M~ U~. ft.lJe.d"e..e.- 800 North Magnolia Ave I 5lUte 300 Orlando, fL 32803-3274 Phone (407) 422-4911 Fax (407) 648-8382 ~'i: 'n'W'~E(K - _U~_ /'~/,p 1;~~,ft 1 (JIM) rvf ~ ~ fl4/IUIt jjtt alQel!eAV Ado:) :Jsag J ~JA F ~ llE : C/O~ 54 ~ 4~/? ~t~,0~ 0 ~ A, , Go!-t~ . .r IJ ( \ ('; leG · 0 o/~ ~r <\ " ~' (VtrP-- [0q1 (MJ'6J Ja')-07-00 05:39P Frankl and Graml ing 813 _23-1438 P.02 FRANK & GRAMLING ATTORNEVS AT L.o.w A PARTNERSHIP OF PROFESSIONAL ASSOCI"TIONS 601 NORTl-l AsHLE'o' DRIVE SUITE 600 POBox 1991 T ",",PA FLOtIIO" 33601-1991 January 7,2000 TELEPHONE (813) 223-1060 F...CSlMIlE (813) 223-1436 Via Facsimile No.: (727) 545-6505 RECEIVED JAN 1lJ 2000 Pinellas Co t un y Campus Police (VttfS-V\~ Joe Feraca ChIef of Campus Police 11111 S Belcher Road Clearwater, FL RE TA-20/Arcturas Ave Tower Site ("Tower Site") Dear Joe Thank you for meeting with Kevin Becker and me regardIng the Tower SIte As we dIscussed, AT&T WIreless Services ofFlonda, lnc (<<AT&T") will replace, at Its expense, the eXlstmg tower located at the Tower SIte WIth a lattice tower, subject to all applicable Federal A VlatlOn Authonty rules and regulations The replacement tower Will reqUIre a ground area of apprmamately 10,000 square feet and will have the capacity to collocate the wireless facilitIes of seven wIreless earners as well as the wireless faclhtIes of the Pmellas County school system The eXlstmg tower, whIch IS owned by the Pmellas County school system, does not have the structural capaCIty to add addItional wireless antennas Accordmgly, the replacement tower Will sigruficantly alleviate the need for new towers withtn the ImmedIate area of the Tower Site AT&T apprecIates the Pmellas County's school system's cooperation in fostenng the collocation of wireless antennas by allowing AT&T to replace the eXlstmg tower ThiS project 1S consistent With and WIll further AT&T's policy to encourage the collocation of wireless faclhbes AT&T 1S lookmg forward to workmg With the Pinellas County school system and would appreciate any assistance you may be able to offer by encouragmg the City of ClealWater to JOin in trus cooperative effort We look fOlWard to workmg WIth you cc Kevin Becker Tun Horkan Mary Helen Keen Walter Tanner . ........... / I} Il/J(j) ~ ~~ . -JJ1!j; q/~i(t.eCd/z>>n~ p~~ Bes~Copy Avai~able - kI/~ ~/fAfd r 0J:' ?i0K - ~/JJI~ /1&1) ~ -J,:~ ~ Ill-;-- I //)61 X /00 I JJlv~ /~? / ~!ld ~ J-/Um ~~-?,L-- , - ~~tJpJ7 ~z~ - ~ -~d't p:3/Jr( ) ~ /fit ~k~;C~/~ , - ~~tffJt~ ~-/70~ -/-~ ~~ -;;~ .~. --- Al1/~o/~~~~,~ Ii, II " ,..-....--~ _...l....l_ I! - --. -"- j+ I I , I - - -~- "t t I -~, I IL :1 I - - t'-- --. --- -- - - -jlr-- I I ---- ...;- - --+ "-- - - - ---hi - I: t-- I, ---!~ I " ~I, ,I I j.t , I II I - - -- ~ - - - - - - - ~ - -- ~J-W/f;IU/O()-j -- J _ --- /CIJ '- - -- t copY-- Bes . - -"Ie - ~y-~'~~ - - ----- ---.... -~....----~-- --~--........--....._-...._--- ----......... ~ ~~ I' , , !' 10 dZ1n~ __ _ ~ _ _ . ._ _ _.._ __. _" _ _ _ _ .Ih~, ~~~/.~- _ _' Be~"- ~ --- . - / - () - ... - "- ~ e p y- -- ja I' - - - - -- ---- -.- - -__~_Y~ilab'8 --- - - - -_ -_!'-~ . ' t..~-bt-r#~- - - _u_ ~-- ~- ~--~~~ - -------- 1iJh~,- _ - . - - i.1-~~-r~ ~?rz~~;C_ --~ ~- . -- - ---- ~~~~~~~- ~_. -- - j, %r - ~- --~ ~/.;It/o: _. / _r_~ -/lPU)~ . ___ , - ~ - - -- - ... - - -- - - - -- -.... -- - ;It;kk~ ~~~: ___ _ __ __ _ ___ tb I- ?;'IJE; );!;r -r ~ - - - - - - - --. -- - - - - .- -~. p_?:~~/~~~- - -- -- - - __ AJ~a~~~ ~~wl~ _ ~4/;I~~~$a6 ~~~~k :~ !J/;Z/ai? ~y;;/e. - ~ t -- - - -" - - - -.... -- - - -- - -- _ ~ _ _ _ : I ~::)r,r~J7~~ii~ ___--_-- _ _. _ II <f-~!~ ~~_:~t/U?(tJ( _ __. _ _ _ _ ____ _ ;, ~~&J.t ~Y;;e ___ __ _ __. __ .____ _ - -I' - - . -- -- -- ~-- - - . -~1 /6:;-/(v!f~ ~ CUt h:7-: ~ _ _ __ ~~ *' ~~ ,&#~ ~;n}Jt - - -~ _ 7~~ ~:-~~ ~;r~ T *'?nJu&:> ;r-/J1,71~>~~ ,I iP , 1 >I /~~--z Best Copy II!I---~ --- ------ ----~ - - .-- ..Available -. ~/!l&- '_Z!_~~__._____.______. _. --~---- - - - - -. -------~---- - ~-------~---~-- __ _____~~-/RnZ?tJP??----n-- _______.____ _.___ - :t!2~--o~~------- __u________~ .__ - - 0- _ _./P-?~~ ~~~ ae~ _ ____.iI!? _ --_ '___ __ ,I I -. --~; ~~tJi3 - ~ ~~;. ~~i:-/?~-.. -.- - -- - ..--..-- -~~-~~~~~/~ . !i bnlJ}/1o ~~ - - -- - ~---+i--- -r-~-"..j-~ -.~ --- - -~ ~---.---.-- -,- - - - - -- -~- _.- < -----. - 1 I, - --. __-JI. . ~__ _____ - __~ - ___~____________ ____~. _~ .__. - ;JjJltr1f~ jU}~_< ___H__ ._~j;J~/7;ib - -- ---~ j;{1;?~l'# - -_Y~I}E ~ " II ~~ 'I -. - . - - - t' - - - -.- --- - -. - - - -- ..- - . 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I' 1 _]55' Centerlme_ GTE 800 MHZ 30/150/270DEG _ 130' Centerlme Nextel 800 MHZ- 30/150/270DEG _ 1]5' Centerlme_ Pnmco [800 MHZ 0/130/250DEG LA TriCE ANTENNAE SUPPORT STRUCTURE 1 SO' Centerhne AT&T 800 MH2- 0/120/240 DEG MONOPOLE ANTENNAE SUPPORT STRUCTURE LATrICE ANTENNAE SUPPORT STRUCTURE Pmellas School Board 4' Parabolic Dish @ 150' centerlme (FUTURE) 155 MHZ (approx ) _155' Centerlme _ _ GTE 800 MHZ 30/150/270 DEG 130' Centerlme - Nextel 800 MHZ- 30/150/270 DEG liS' Centerlme - PrlffiCO 1800 M~ 0/130/250 DEG LATTICE ANTENNAE SUPPORT STRUCTURE } 150' Centerlme AT&T 800 MH2-' 0/120/240 DEG Pmellas School Board 4' ParabolIc Dish @ ] 50' centerline (FUTURE) 155 MHZ (approx) MONOPOLE ANTENNAE SUPPORT STRUCTURE " LA lTlCE ANTENNAE SUPPORT STRUCTURE ...: .Ja'1-07-00 05:39P Fra .< and Graml"'lng O_J 223-1438 P.02 FRANK & GRAMLING ATTORNEYS AT LAW A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 601 NORTH AsHlEY DRIVE, SUITE 600 POBox 1991 TAMP/\. FLORIDA 33601.1991 January 7, 2000 TELEPHONE (813) 223-1060 F"'CSM~E (813)223-1438 Joe Feraca Cluef of Campus Police 1 tit 1 S Belcher Road Clearwater, FL RECEIVED JAN 1 0 2000 Pineltas Co t un y Campus POlice (~tfS-h~ Via Facsimile No.: (727) 545-6505 RE TA-20/Arcruras Ave Tower SIte ("Tower Site") Dear Joe Thank you for meeting WIth Kevin Becker and me regardIng the Tower $lte As we discussed, AT&T Wireless Services of Flonda, loc ("AT&T") will replace, at Its expense, the ex.rstmg tower located at the Tower Site with a lattice tower, subject to all applicable Federal A Vlahon Authonty rules and regulations The replacement tower will require a ground area of approXlmately 10,000 square feet and will have the capacity to collocate the Wireless facllttles of seven Wireless earners as well as the Wireless facllttles of the Pmellas County school system The existmg tower, wIDch IS owned by the Pinellas County school system, does not have the structural capacity to add additional Wireless antennas Accordmgly, the replacement tower will slgruficantly alleViate the need for new towers witlun the IInmedlate area of the Tower Site AT&T appreCIates the Pmellas County's school system's cooperation 10 fostenng the collocation of wireless antennas by allowing AT&T to replace the eXlstlOg tower ThiS project IS consistent WIth and will further AT &1's pohey to encourage the collocation of Wireless facIhtIes AT&T IS lookmg forward to workIng With the Pinellas County school system and would appreCiate any assistance you may be able to offer by encouraging the City of Clearwater to Jom In thts cooperative effort We look forward to worlong WIth you cc KeVin Becker T1ID Hork1\n Mary Helen Keen Walter T8l1JIer -.... ."' - f@n too!) ~/~/(}f}If~/b/~ ~~~/AI~"~ Bes!copy fi""il1.....(1 t ,",,1.//' Available htJu?. hi - ~.1f'L7.7? ~ /9:7 Ii; ~ //ff; ~~kZL&$7"AiW4f(l ~/hJ;r.ea Yz11Jttk> 1.#7 ~/1() tlfJdljd' ~,aaa/L ~-I-prr-/~&tJ)(~~ I //(/ /@'-/-z// mt-lto' Pf//IVI/tSf /l7o/l~,? ~ G ~ ~~_~ /~ (fl t1Jk.~:n~ ~~? ~~ h ~-/laV~1? &r.,tJh~1o ~ ~ /1.fAII'm>>t- w/ffJ-r T ~.6:I. ,. CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The CommuDlty Development Board of the Cuy of Clearwater, Flonda, wIII hold pubhc heanngs on Tuesday, January 25, 2000, beglDmng at lOOp m , lD the Cuy CommissIOn Chambers, lD City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Flonda, to cODSlder the followmg requests CCarlouel Yacbt Corp. IS requestmg a fleXIble development approval of an 80 sq ft addItIon lDeludmg service elevator and eqwpment room as part of a Comprehensive Infill Redevelopment Project at 1091 Eldorado Ave, Mandalay Sub, Blk 171, Lots 5-12 and npanan nghts COB 00-01 2 Douglas Dehlhauser/Morton Plant Mease Health Care/Christopher J. & Nancy J Benton are requesung a fleXJble development approval to reduce the emergency room setback from 25 ft to 124ft and to reduce the parlang lot setback from 25 ft to 5 ft as part of a Comprehensive InfiIl Redevelopment Project at 323 Jeffords ~, Bluff View Court, Lots 1-36 COB 00-02 3 Ronald J & MlreIlle C Pollack are requesung a fleXJble development approval of a Resldenual InfiIl Redevelopment Project With an \Dcrease lD bwldmg height from 30 ft to 35 ft, an IOcrease height of masonry waIl from 3 ft to 7 ft. and IOcrease height of a metal, picket fence from 6 ft to 7 ft at 1100 & 1104 DrUid Rd ~, Harbor Oaks Sub, Lots L & M and npanan nghts COB 00-03 4 American Infoage, LLC/Mdler M. Cooper are requesung a fleXJble development approval of a commulUcauon tower at 505 VlrgJDla Ln ,Sec 13-29-15, M&B 32 05 CDB 00-04 Interested parties may appear and be heard at the heanngs or file wntten nouce of approval or obJecuon With the Planrung and Development Services DIrector or City Clerk pnor to the heanngs Any person who decides to appeal any deCISion made by the Board, With respect to any matter considered at such heanngs, Will need a record of the proceedlOgs and, for such purpose, may need to ensure that a verbaum record of the proceedmgs IS made, wluch record lDeludes the tesumony and eVidence upon wluch the appeal IS to be based per Flonda Statute 286 0105 AIl mdJvlduals speaIang on pubhc heanng Items Will be sworn 10 Five days pnor to the meeung, staff reports and recommendauons on the above requests will be available for review by Interested parties between the hours of 8 30 a m and 4 30 pm, weekdays. at the Cuy of Clearwater, Planrung and Development Services Department. 100 S Myrtle Ave, Clearwater, FL 33756, or calI 562-4567 John Asmar Planrung and Development Services CynthJa E Goudeau, CMC/AAE City Clerk Cuy of Clearwater POBox 4748, Clearwater, FL 33758-4748 NOTE Apphcant or representauve must be present at the heanng YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT OF THE SUBJECT PROPERTY A COpy OF THIS AO IN LARGE PRINT IS A V AILABLE IN THE CITY CLERK DEPT ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODA nON IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090 \ ~ llaJJJJqQq~ tnU~~LOF rlq, bb"", ~t,~-""'U'~~~~ t-.~~l,\L/ ~ Sl.~ t;." ".. ~CS"2l. ~ <;:lCt:, "'~':.. ~ t;:j"", ~~\~ .~~ ...y~!'<..----- j" ~-;<;,: ""'.;r!1/...~"~~~~ ,.,.?~ ~llQ. '\ ,tt ,",QQ27D~~O~ CITY OF J..- -40 ~ ~S f ~ ()Jd~ ,tit-Iff' C LEAR~~f PLANNING & DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDII>,G, 100 SOUTH MYRnE AvrNUE, CLEARWATER, fWRlDA 33756 TFLFPHONE (127) 562-4567 FAX (727) 562.4576 Decembcr 27, 1999 Mr Joseph A Hitch 510 VlrgmIa Lane Cleanvater, FL 33764 Dear Mr Hitch Thank you for your letter regardmg the proposed telecommUnicatIon tower to be located at 505 VlrgmIa Lane I understand the concerns you expressed m your letter and welcome your comments I can assure you that tl,1e City admmlstratlon and ele9ted officials are a\\are of the Issues you have raised 10 your letter As you have followed the case from Its 1OceptlOn, you can appreciate the public process that has evolved to date The tower was approved through a quasi-JUdiCial pubhc heanng by the Clearwater Community Development Board (COB) On November 18, 1999, the Board conducted a public heanng and reviewed the proposal as a flexible development case wlthm the C, Commercia] Dlstnct At the meetmg, the COB approved the request With the conditIOns that I) approval shall be mltIally for a 100-foot tower, and shall be lllcreased to 160-feet If the applIcant proVides a contract signed by three users, 2) the aforementIOned contract shall be submitted pnor to the Issuance of bUlldmg permit, 3) eVidence of nonreflective color shall be submitted pnor to Issuance ofbUlld1Og permit, 4) associated eqUlpmentfbUlldmgs shall be located on approved slabs as mdtcated on the site plan, 5) a landscape plan 10dlcatmg species and numbers and locatIOns of plant matenal shall be submitted to staff for reView, pnor to Issuance of a developmcnt order, and 6) a revised site plan shall be submItted locatmg the tower five feet closer to the eAlstmg bUlldmg and mcIude a 10-foot buffer around the requued tower fencmg, pnor to Issuance of a development order The CDB requested that the applIcant use hiS best efforts to cooperate With the CIty m deSIgning a tower that IS as InconspIcuous as possIble At the December 14, 1999 CDB meetmg, however, after lengthy dISCUSSIOn, the Board voted to reconSider the applIcatIOn That case has been scheduled for revIew by the Community Development Board at ItS January 25,2000 meetmg, commencmg at I 00 P m You are welcome to attend the meetIng, and as you are aware, the Board affords comments from 10terested Citizens on every case Ol'-E CiTY O"lE FUruRE FilE BRJA,\ J AU\GST, i\1AYOR-CO\II>USSIOMR ED HOOPFR, VICE l>1AYOR CO\iMISSIONER ED HART, COMMISSIOM.R * BOB CL\RK, CO\l>'USSIONER J B JOHt'.SQ'I, CO\l\llSSIOt'.ER "EQlJAl EMPI OYMf. "IT Ai\ 0 AFFlR.\1A TIVE Ac lION I::MPLQYFR" \. Hitch December 27, 1999 - Page 2 If you have additIOnal concerns or questions, please do not hesitate to contact me at 727 5624050 or contact Ralph Stone or Cyndl Hardm m the Plannmg Department at 7275624579 Smcerely, Bnan Aungst Mayor of Clearwater Cc City Commission members MIchael Roberto, CIty Manager \ 'MS2\PDSlLE7TERS\H ITCH. comm lower response doc DEC-22-1999 11 30 P 01 ~ - w (Y .I'\-.~ To:Mayor/Commissioner Lft PRESS _ CloER/< I ATTORNEY I am writing you to Inform you if you allready don't know-mat a company caD Amencan Woage bas been trying to put a 160 ft telecommumcations tower less then 1 SO ft off of Gulf to bay Blvd at the intersection of keene snd Gulf to bay TIns is the highest point of Gulf to bay and this tower will be VISiable for MIles m all d1recb.ons,At a time when over 5 million dollars bas been Spent to beautIfy this road it is ludicrous to allow this to happen.. There 15 a logical site at Clearwater HIgh scbool,there is a tower there now although not structurally sound anougb to accomadate any other anttenna arraYS,But lDl11ally InIoage stated they would build a new tower if penmtted,tbe problem they stated was DeIther the school board or AT&T would get back Wlth them and that has been thm pOSitIon all along Inclosed is a couple of articles from the St Pete times, as you can see Dunedm's comuusion didn't have no knowledge what was going on and now they are regretting It,they are even proposmg changes to their board when It comes to matters as such. ..I have been fightmg this for 3 years and I have been saymg at each meetmg these people are not: hemg honest,they have been telling the board they have bled cootactmg AT&T and the school board too no avail well on Dee 14 1999 during at recoJlS1deration bearmg:Mr Cooper from infoage adttutted he has never contacted anybody from AT&T due to the fact Mr Becker from AT&T was present at this meetmg,dns is the first tune anybody from AT&T was present to any of the meetIngs It was made clear AT&T's position was they were wiIIing to bUIld a new tower and colocate according to the te1ecommuni<<:ations IWt of I 996.so with a 4 to 3 vote to reconsiderl the process 15 at square one agam.I have written to each CoWlty <<:ommISSioner and each SchooJ Board Member for their assistance but with your assistance something might get done Time is short,thc next meeting will be around the second week of lanuary and WIthout support tins city wiD have a ugly tower right at the entrance to the beach,Don't make the same nnstake as Dtmedin JP1ES TO ....OMMISSION DEe 2 2 m1 Thank you Joseph A HItch 510 VIrginia Ln Clearwater FJ 33764 (727)441-3033 ~ ~ ~'M for the Moyor's slgl'laful'O. ec. City Cornn;~5in DI.IG date /'-1'<<1 c::tAW rb7{~~~-~~1~ - 10 'j DEt: L "- 1999 I I , L-:./ PLANNING & DEVElOPM SERVICES ENT CITY OF CLEARWATER , I C/)!f/r~!- /lW. WI LAr . ~~ " ""," ,11~~~lOF r.; ", \'~ \l"'I'~I',,,~J7-_ ....f:::..... _~_~-:. ....C:$:. '1' Yfrn--- ~ ~ :C"'): '-'-~'<X:: ..~:. ~, ':."-"'. .,~.. _.~" ,,~~.." - '/-,;- "(."" - 'YJ'i,,,, '(v, ",,)1TEB. .\\1' "1'" CITY OF CLEARWATER PLANNING &. DEVELOP\lENT SERVICES AD~IIi\tISTRATIOi\; POST OFFICE Bo\ 4748. CU-.-\R\\-\TFR FIORID-\ 33758-4748 ML \ICIl'-\! SFR\1CES BULDI"G 100 SOLTH i\!YRnF -\VF'\LE CLEAR\\ -\TFR FLORID-\ 33756 TELEPHO"F (727) 5624567 F-\x (727) 562-~576 December 27, 1999 Mr Miller M Cooper American Infoage, LLC 2727 U1merton Road, SUite 230 Clearwater, FL 33762 Dear Mr Cooper ThiS IS In response to your letter faxed to me December 13, 1999 regarding the design of the monopole communicatIOn tower proposed at 505 VirginIa Lane First, I would like to thank you for workmg with the City Your proposal to try to camouflage the monopole IS appreciated The offer to contribute funds to the City for neighborhood enhancement IS generous With the pendmg reconsideration of the tower application by the Community Development Board, however, It would be best to delay dlscussmg the options you presented The reconsideration of your case has been scheduled for the January 25, 2000 COB meeting Please contact me If you have any questions at 562 4583 Happy holidays, ~.~ /ttv Ralph Stone Plannmg Director FILE 1~\fS2ILFIERCE'Afy Documenlslcorrespondencelm cooper doc O"E eIll O\~ FL lLRF BRI \.' J \1 'G'T \l\iOR CO\I\lJ'~IO'ER ED HOOPER Vln \1 IIOR CO\!\lJ'~IOVR FD H \RT CO\!\lJ~SIO'FR @ BOB CI \'\1\ COIl II~SIO'~R J B JOH'~O' CO\!\II~~IOVR FQI \1 F'IPIOY\:~'l \\[) \!FlR.\l\ll\F \\.T,O\ [\:oIOYJ-R P 02 DEC-22-199:.u l:',~:r'~r" '"}'~'<Ulll, ,: t,~'~'-" --:,. ,~~"", ~~; 1 ; aBUd ~ ':i':,: ;< ~.\ ~- -~-:~ ~"~ < , ," , WE,D IN):,s p" A y~ ~:"r~J . WILl '), "'"t -.' r'> ,'-- ,><, ....;:\\.'...',1 .. ~J~>IiI ~.,~ ~ J f ;- ~ j ~ ... ~; ..., ~ I ~ ~~.." F ,r~'" ... I 'I::I2~ -~ Li.~1.......,. "'ll :::'~t .&ita too-."'..... ~... ~ ~ I t l J l ....t l' ...~ i C. +t11J;' ~~ ~I ~ ~" ~1iI ~ ~ ,j';- ;,t' ~,,:'V) ~ r' -' :. = ii1I,.;jl:G..~ ~ .;if~f'!4f'~:ij,Jl ll,~ ,.,; UoarU ,,\~, .: ~R- a<li-~Ij if'e,"-,~:~f1ett'-~~o: "\'?n~lf~~t'?.""', .',. r ,',k "...~ .r ~I-rnr ,,'. .\' f,j" ;',. ~ b' r '11(1':;' ,;, ::,,, '~'f" f' "", , .tr~...' :h.. ac 5"0 o::,_,~,. I' ~ i - \U"f)...,,'j'f-,."-/ ,- ~ ~ ~ I "': I r loJ, ~... t./'\/t.... l...j...\~' h' r: iI'".....L:.)I..~ 'I'"~ ...... ~ ~ ,. l I ~l L ~ .~ . ..., .,,"'..,~, -I :;. ;app~o~~ _fit : of. tOWfi',' ,jo ~ j " " , t... ,~ . I" . The CommUDlty Development Board deodes to reconsider the request for a 16Q.foot structure' " ....' because of complaints from ,.,'. :neighbors. ,c ll., ,.. 11 .... t t ~ I~ J I ~ ~ I i' ~ ~ ,by l;lEBORAH O'Ni:IL'" , , .' Tlm.. S"II Wtlt<l, ~, Pt~ , n/ ~ CLEARWATER::" The Clty..:ml ~eConSld'" , er Its approval of a !6(}.!oot COntmuruC!l:mns . , tower planned' llear Gulf to Bay Boulevard - " that has angered residents In the SU1Tllunmw~' I. ne'''"hborhood ", :,.", - . ., .1:-, ' :J: ~ '''. ~". ~ " Amel'lcan InfoAge w,Clearwater WOII ap-' J, - proval In November II;om . the COIl'lmWllty ',: : - ::. Deve lopmen t Board l;Q erect the tower near "I ~ ",' Clearwater 'lUgh. SchooJ.' where:the schooi:~ ' system owns an exisllng"l40-fuot tower The~ f school system leaseS 'space, on,lts tower.to; . AT&T as part of a Jong.tenn agreep:lenL !",' ~ ~ ., The Community\~Development,Board--:. ~ Tuesday voted 4;3, to J'e(oIlSlder Its approval ~~ " of the oewtoweral: the urgmgof two'Oeanva- i' 1 ter resldl:Ilts' who dOIl't. want another tower J , bUIlt. Board member3 were swayed by"resi.~: deuts' cou~tJon thatAT&Ts poSItion Ou the"~ ,,'( ~", ~"l'" ~~ ""::,,_1" ,,'r;,~ ~~ ~ :""~ ... ,< _ } '. ~ r Jssue was ffimellresented dllflDg the N ovePl- . - ,', The Cleaf'Nlrter 8 ea c h traffic roullda bout Will be at the ber heanng AT&T offiCIals did not attend the'.. - - ~, .- _ '- _ ' " '1 ~y..:] f November meebng ~lIo'4: ~:~'""' I: ~'~"i) 1 r ./~~; :~' 1/...1'--" ...... t.~-:~ ~ m;'_ "",,- ~-~--=~7.~~..~.lt~t ~ti~ J ~ What the resIdents'''''::' and the ~ dty - . , . Witll openmg ceremorues -q:'.pel'( beRJah ~ -' would prefer IS lor AT&T and "'the schoo] ,'six' days away 'workers are :!. :~ _~ Ju~t SIX n, ~ - ~ :" system to agree to raze the elU5ting tower and ~ ,H,' " "ii . _ ,;The IDYll 'build a new oQe'al the same SIte, thereby r roshingto ensure the new ;", 'emp]oye~s h- 1 ' 'negatmg the,needier the Aml'./lcan 1nloAg~ ~ I' Clearwater Beach entrance is, parade, oThan~ i Tower ~.. ".- "~'. ' " trated e I I ' 'This has bcengolll8' on lor 100 Jong-W1th. subs~~al1Y~shed ~n,~e, ;;"RaJly 'RoUl11 peOpie dancmg around ,each .ether,'rl.sa.Jd . -'rt .,,~, "'J'.~-l.b~. , ~: "{'''~_ .atS 30 p m. 1\ ' , - ,,-. ' , .~. . By CHRISTINA HEAOR1CK ,-,.." . ~-~west of the ~ ' - ...' .::4l'~~":'p!ease9at1TOWEJl PsssEl 1'Imo;SI.~W"',,"~' ,,'\' " ~'.,' :-:J';r: Will the"rl - " .. "~"i;i'*~~I",fJ~w.>::'f ~7;;' '.'~,,/. .'~'~1 ~ , ." ,,~ "\ ''I'' I"'H'\::.t~ ~~Ji 'CIty' ofu -. "" ,~ , '. ,r/., CLEARWATER - Tuesday' after. ~\- \'TI.. , . ~~ ~'/5v1i'l.r"M ~,....~.ey re' i:r~nr;a'" m t'V"\ uononJ3.b.jjO",,\ UOS ....- ~ \r~f:~~~- II ~\\ L \\1 \ DEl, LL \9JO , . ~NT PlJ\NNIN~ERV\CES ER t:: ClEARWAT CIl'< Or . , '. ~f m'" -. .. in 110 -" CI,< ,> " u ..; r , , " : '- r' ~ ,. ,. .. -:. ::: \,J - - ~ , , , , , , :' t DEC-22-1999 11 32 and then for Mw \ers/Bur. had lived several years ;u~r ~UI1I' dines, COl.lntrysldt. They are log to, Florida from MllInesota l1\lemben> of Espirin. oJdJIto Cnlh<r' _To oub",,,""nItomto Good 10, You, hc Church of Safety Harbor and ..,.to to Baby Bcllg.,..paul.1. 710 CourtSt VFw Post 10093, Safety Hatbor, CI......l\tIr. Fl33755. o.call [7i7)445-4176 where he serves as chaplam and Mo~dayorTuu<lay, . IllJi .. 1 l f I ...t ... \o~ " "I t ... , , ' : - . Board 50 they can make all deCl- Tower f;omPage1' " SlOns llltelligently," he sail:! ~Our , , CfJ mmumty feels pretty strongly - > "about not haVIng a big towetln the board ~ember Carlen Petersen I - neIghborhood" -, , t " _' , t:mnk It s tJ.rne;, for people to SIt, 'Sch 001 dlstnct offioals dId not ~wn and talk. :' < attend Tuesday's meetmg Howev. .. But, Amencan lnfuAge preS!. ar, Jtm MIller, the distnct's dll"ec- dfnt Miller Cooper 531d one tower tor of real property management, egr.not accommodate all the earn. silJd th e sroool !Jystem is no t IJ1 a I!!J that would need space HIS positIon to dISCUSS bUlldlllg a new company would lease space on the tower WIth anyone other than ttfwer to five or SIX users. Cooper, AT&T The Idea has come up ill v./bo descnbed the boud's actlon the past, he sil1d but the del:11ls a3' "tremendously (n.\stratmg," have never been ~eed on, s<<Id, th ere IS no way to get seven The board's action es sen tially cw.nern o~ one tower suspends American WaAge's ap. :. "There $ gomg to be two tow- proval The board dId not set a el'S," ~ooper told the board new heanng date, but company '"there s no way we can have one attorney Ed Armstrong Sl\Id he 15 tdJl.rer accommodate all the de- expecting the hearmg to be reset njjI.D d s today lUld all the demands fo r the board's January meetrng cpg ill the future" , In an unre1a led move, develop- :, ReSIdent MIchael Baralt, who l er JMC Communities cleared all- h~s about 500 feet fro m the SIte of 'ather hurdle in its effort to bwld the proposed tower, saId he was 'two l~foot C1:111donlllllUm towers plliaSed by the board deasion but on Clearwater Beat when the s4Td the Issue iso't over board approved several measures :: "What they lleed to do IS ac ,for the project The Cl1.y Comml&- b ~ly part,.cipate Ul the me ellllg !lion 1S expected to vote on the baween ,~T&T, ~d ~e _~hoo) ,~..opl!?any's p~s III January ~ '" .w ... ~ . I .! I j I, 1GREA1)i,QMEtEQVnr LOANS. : _'~ I\~' ~ r_'-~ 1t...\..~~ l'1~ ~ ~ll"''':\\''1 )~ I k. r\ j_jj1! ~ - f l ~~," > 'PItfELlAs COU!\'TY TEACHERS .~~CREriiT~ UNION, , ., , ' : M elnbe"h,p a.auatJle (0::.11 Plnd;;;" ~~ ,;~ ;';'~d""'" Cull (727) 5 as 8775 ,j , r I' p P 03 MI~nall' Sp nng Ava,S\, UHKU'Wj I pili, Idl~ll II Center, 101 S Plnellas /94 2.5605 Contmumg L, ' , , SHOW TIME; Tarpon SpnngsArt As~QClaDOn'a annual Junod Show, 9 \ a.m to 4 pJll Monday through . " , , $alUrrlay (axt:opt Dee. 2~Z61, througl, : j Dee 29. Tarpon Spnnlls CullUral ,< Canter, 101 S l'u'talw.sA~e, free, (7271 ~ 942..5605 -::'. r~ r \.."" ~L--7\-: AIIT ~HOW- &hllllbOIl, ~Expr8S$~ns X ' 3," laalUnng watercolors by Margaret ~ Corrush of New PortR,chey mlXfd 'L medta by Betty Walr.h 01 Palm Ha rbor I and pIlMels and colored pe nl:ll by 'I Ma~ cna Ba'11er of Largo, 9 30 a.m. \ll \', 2 30pm. Mon~through Fnday,S 30 I 1010 30a m and noon 10 12:lOp m - I Sunday, through Jan 10, OCl>lgon Am Cemer, 2470 Nursery Road, C1eolWater, free p271531~7704 ~~ Q)i tD _., i. _I ~, ('l) If O) --a1 &.~ p.:4H~ Upper level aD ~~'l.. ; Best SeJ! . 2CO) GlIi , Mcn.Thurs 9~ ~~~r'jb -,~\V'I " ~-o ~ ~ IE ~ ~-~\r I l \ I \ Ote Z L 1999 :!.'_ PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER " , .' DEC-22-1999 11 32 TIMES' " 1J.~ I j j - "RJ, <', : "" /-. ~';;-, ~:-'~i~,,~::~~~ j '.L' ~ ~ I l ..,., \ j ~"'l I~ l I 1 ( . ~l :' .... .... ,1.11 I .~1l~ ~~)I~\ ~l \~~ ~"'ll('l~ ~ , ", I ' '-1~~ :,' It ..t,''' , ' ' . H "1 'l'~"~~'.1}J~'~!I>_I!"~~\'I'-~t~~.t;~l~~~:ii"f!'i\'" '" : ':::C' "'eh~ \11~~~~Gt,t~,},w.!~,(tlli:t~e~" "'~"r,.1 . ; J \~j l 1..,IBj I ~ I I' },!{< ;, IJ ~ . , ~/~"I'}\" ~ ~~ll~ ~t"'" I! ~ll~flf 'J.If',F t .."t~fl1t",~,~It\'~~ , ~ ~ 7')-1' 'r'j~:"i;s:'~!<to~:"1\~ii;t.IIl~cj.tl~, Ilia: 'Is' t .\~, ;1\. :,~,; .,li!lr ~I d'l \ I I,' ~IJ I ~)l I~~ 1 L~l r ~r4~~\l ~; ~'~!:l ~ r, t\ t t: f,~ \1 r...~,llli\"..Itl\I~lrlt\'J;I:"~::~...:~~)~Vif J 1 \ "',B, ,', B'~' ,.t"',\,:',,,,,~, \ ''''l'iI''''' · };"~<In':(~ i> u': n' "e"'~ !< In ~I j ~ I...... ..I I -' (.. \... I ' ~ I r:"'" l~ \ ~ ~I r1! ~ ~) {,l r ~1 j ~~ ~ "j I } ~4"1 \ .T J~.- 't .......T t~ r... If II ~} l;:'l,ft...~\ [~I r11. I t ,I r11 (I,~~r 01, ",,~1..1~' r'l..t..l/'i",," l ~... ~ f ll' "101 J II .{ d b~ ~ - j'~T~~' \ ....: ""'~lll )rGl~tl~~"'j ~j ~ n' I I (> l ~, -r ~ SUJPI)se y:,one,btill~,w..I' ;t'l~ <"~)I~>; " ,'- "', ", ~~ 'l:' on Stale.' Ro~r1580{~';o1\11~' "1\'1' 'fl'''( '~I,I "'" t" ~x'" :h-i~l ,t.l ~A~-~~"" ,,/Jj!tB\*;,' ~;~ ~I~l:'ir.: ~\)f ,-\,' ,,, " ..COuumSSlUneN wan ~;:.l ~~ !t:.l ,,1'1), / ~Ii" . L, .!j~,r.;:; '" "111..11. ~h~h"',~ Y~i!",I"Jl ~ l~h\lrf '....rL ;; ,I"contra oyer,"'Y ere fubire~H I' '''tl.J!l~/<'')l>; '1, .. i1 ~ftOw'erSLcan,tiebuilt:~'ll'~'i;:.r1i ~ ,l\ ,"II>) '}3!:;"~!" ~ 11: ,1 '1'\1:" "~" ~~~""" ," \ 'I,I.~ ~~ t "~$ . "'~~I ,<,,,I '.", ,', r ',~ ,\,~~",r' \,~, i ,,\ \' ,,':,",:;, l' 'i~~\"~ !frtl "';~'!\~l"l,il::H., '1:' ;~,BY OEBORAH 0 NElL,~'( ',Jp.: ;"~il:.1 I' > If;b'iUll~''''l\:I~.;,: to 11.... 5111"W~'.. , ' ., 1"" \ , "~ l '~ .;1.:111\ ~""'.( f" "\ ',' , '^) 'I' , " < . '~1'~'I"l1;J"~ )' '\: .lDUNEOTN' - Smack, m, the'!'! l Ill!' ,~~~tfl,' '" !:entcr lIf thIs Image-consclOus' , ~ ,'I.'H';, __: '~" City, right on the Bide ot the road; ,~~'I~ iI, !. : tb~t IS the gilteWtlY,lo'Dunedm's~ ~j:..;.,'i, ' I :,plcturesque ,downtown, ,3 shmy:,: 1, ~W~1,id';r1. , ISO-loot cellulaf commumcatlOns ' , ~.\rfY';' l" 'tower'lms'sprung up In recent'!;. . ~~~ , f' ,(.weeks A1most,no one realized 1('':. I" - 1':'- ~~~ '-...wnseommg ~ 11\ I( I 4;\<i1/~ L1 ~I~ 1 "." But they 'lure af\ltal~mg about 1 .... ~.... it 'nOW., I /, I ~ I.... j ~ ',..,l\\ ~ tL. ~ -;j ~T ,J, ,0 'As City commIssionerS crane" ~ "\! t1lelfnecks to see 10 !he top or!hll'~ ~ - monumental struclure"on State';'. "',; Road 580, they ~sk' How dId U11s"'~ \ happen In "Delightful Dunedm?" ":4-: "What a monstroSIty:" sald, Mayor Tom Anderson, who said' ~\ he lmcw nollllng about the 'ap!,-I.:J~' ploval,of the tower m'August by' : the City'S I30arll of Adjustment iIIld,' II Appeal Ii c learned a btlUt the tow. ~ er when he, saw' It one,morning 1',;<" 1.(~\N In.;....phok>LtcOTT IlEIlDI wIllIe returnmg from Countl}'SllIe Th' 1'S"f tt ecenfl b 'It Moll -:,"", N' e V" 00 owerr y UI A1lhough the tower wtI8 sever. 'on State Road ?SO In DunedIn IS al b\oc1ls away between ,County, a "monstrosity," says Mayor Roau I and Lake Hayen Road.' ,Tom Anderson " . Amlef"on salll he could see Itfrom .'. :~" ;_1,- ,,1,. ,'; \ Belcher Road on 580, ' , ",'",' " " f' r ..~!, '1. c,' , .' , . "It completely files m the face able. 0 comc.up WlUI a more a1l1~ of lhe citYWIde beauWicalion pro- nable, plaf,e,'p,~ t~~ neCi!~sary eVIl, glarn, there's ntl question about' 'sald,,;ConumsslOner',\ Deborah, II" Anuerson So.1id ~lt'5 vh1111111y In KYr~~~&tl~,el~f.r~l~hl,. ", ..,,' " the heart 01 the City it-raises the .... \I,.e C ':r COt es ,now read questlCll' How many more are we ( , C(lmmI5!!oners hnve no Sill' In ~le gomg to ha~e}'" \ , Pro,Cf~ unless the t~wer ,IS bemg 1l1at worry has prompted, City : proposed on,pubhc land r- whn:h ' CommIssIOner Janet Henderson, 1.8 what happened In August 199B, , to call foralllOrough review of the ~,when,commlssloners allprovell II' CIty'S ordmancc.s that govern tele- , .to~er Jot,Hlghlander Park., commulllcalJons towers ,',', ,'~ "', ,Ol;l im'late land, lowe~s can be , She and other commlssfo~~rs:~ b,,!lit f/t~'no hemings,1f th~ struc. say the commiSSIon should havl)'",' 11I";S m~et heIght requlren\~n(s , llUl'VlCW over the approval of such "', I, We ,50 c:arefully conSidered : Immense slrudurc9 COlllml89lon. .Ihe.tow~r on '!:Ily land;'but' If a crs S,1111 they want 10 designate ,lower IS on pnvale land, It neyer, where tl)werS tan be bUilt III the 'goes beror~ tllC ~.ommlsslOll,", future " , . \" \' , ',Henderson said Perhaps we ~,"lwould h~p~ liw~,c~uid ha~~'~ s,l~?u.l~,!~ave ,~ore control We \ looked aliI. we would have'becn \" >,. J , Pleasl! see TOWER Pa!le6 l ~ ~ ..- I ~ ~ '-)1 f ... J ~ ~, ~\.....t "1'"1"'" 1 \1 I '" \ . ~ I r /' _~... "" ')/""" ~ ~'Jf. r.tj~~\ ~..... I"; I j ~~....d. 'JI~" ......~~~'r'r.V'f' -~...J~~ :.~V'~t L':llji'~U'''-.!.j~.L~:'' ~ \~l <"~ t..l"(\~\j~! t ~~_.. _......" ~, _ i~ ~ \ ~kt~~~~~~.~~~rq(.f' 11!:~JL~ to- ... ." =. v': I LC E ~I B E R' 6 , ,) 9,9' 9 j lloJ 1'1'... ~~ ; t ,JIll 1 J1-1\ ~ I"\;~I"" -oj (ls'j-I\({j (~ ' J I ~ ,II .-," ~ I f t f ( I i'''" '~)~ ~J! b!(rl; ~\ \ ~:t t r... ~ F.. I ~ I ,J -:. I' ,r,,"} ~ 'one of/, but I was I ' "l Inear the' bndge, ;~ /: t:,1,'~ I '~I' L~,,1I , i 1'....1 1 I ~ J '\1 J \ 1 j.., , ~ 'j I l ~ 1 1 1 ~ i j ! j I j , I \, , ;'" T...... p/>ot<>-SCOTUEELD1 Ihe olel Gandy Bridge' More than 'i ~lg on Salurday, ~ , - : ,: ~ . I ,ffir,~t~~il ,j I 1 j 1.- I "i ~ I ~ ~ r'j.... ~ l\ ~ I ~ L,.....\ ~ ' --' ~l ~f! ~:..J~i\"'l' ~ r III l1mt atllhorual1on waS' gran led I lft/I\~l \ t\ I\~I /r... ~~ ~ I f~J re eVel} confidcn~e 1hlS plan O'al'~ t1ISJJ1J;)' Is gomg to be. succeSsful:: ~Ihs "Co\1nty,'CommlSSlonl!!" Bar; en To(]u ; .,...: '...11.:. ~:':-t{ ..:J, r;1 ~ ~rrentJ(mallnI11 for Joggers blkers~ and' onglers '.!'!Ill' bl! ,called the Ip rM11 Bndge after If IS dedicated 'S.~h'n1ay ~ It aclually, 15 the' Old ldgc, whleh becam~ obso!ele alter ugc over Tampa Bay openeLl t(llls December ]996 "AS part o[ the ercmony, .3,400 people are expec tlher on the bm]ge~ and fOlU1 a l <un 10 link the two couptll:'S t, \'1 hllS St!!(llf fewe; lhan 3.400 ;l;~~ "7 'cerelllony, "people exlenders" ~ J.l. .'.J II 1 ,\ .~ I' ,'Please see mAIL Page (; l Ii r.. ~~. 1\.... r t '" 1 'j~! -; j lit :- ~ f j III tll ~ " I l '.~I""""< ~1 ' '~I~l"I . .........]:.'],. --;',_~j-"''''''!;oi-iU.~''''' . ! u _'7.- ,~. 'L,' ~'J~~\;Q.,~_n:. . Ii!, I' :''''~~.'/.~. ~. . :~.i,.~.~.: ~/:/ ',:;...,; .", '_..:? ,~~ ....-~ .."...~-~~: it~:;.:..:>.,.. , ,. .:'h ~ . . .... .~ :..:~;:~,,~ . .',~ :!".;,~ ,~7~"~-,1' ' . .,~....._...n_l~. i dr'. P 04 ~~, I, ,:l il , " I , I I ' '. ~-' I r'e: j." . I' I - -! I I , i ;1 " , Ii " , ~ lh .rt<.- ~: mill -' .. in tro -" &,< I, , .~ I i, . . --',~",. 6 =9:. , ~~f. j, I' - ; ......o-p"" " ,,"0 JO lIG i j , 1:1 IIIOPuf1 :1'r ,'UtI, "'PI 'II r, , ~)I 001 1 ~" ," , i ' T , i' DEC-22-1999 11 34 P 05 " , ,- ;.. wr ~ 1 I io" ~ ~ -, ,,': . " -1' .I ~ 1.,........- j l .)~"-... I f'~ , ...... ,!;,t ~ l , " j I "\'" ..~"'-.... ....~...,,;. ~.... .. \ 1,,- ~ _ _ ~ 'T ~~""t ~ ... ~"""'7 ' j TIMES. MONDAY. DECEMBER 6. ~ 999- CT' " " ',,'," " . f' r ~ll .. ---. ~-":;;I ~ ., "' ~~~ ~., .../: ~.f "'E ....~~); ijfi ~ j II,. r u,'" ~ r~1 J...I ",I) I : it~"''''~rl.a1~~j"'''f.'.''ri "I': " , Oh\'1011sly we'~ c10smg the " F. ~ ,...."" ~ ". I" . ower frem Page 1'.' " ,. ham door aiter the horse gof out. ~ , 'MARK'YOUR CALEI . / H II hbllfli &aid. 'We need to I"eYlSlt .. ''"~. '"" t-' ~:;'l ,~.,. 'j should look at the o:mnance llltd' !tand deddeJ!there's somepoliCYfif ,..;Todai~~i.m1I.!1r~j',,;~ ~i streantken It ~ j' ISSUes that need to be rela1ned by,' '" .' o'''-,\~". '" l- e; u, ,1 . , ~ 'r '1.--1.' the elly Comaussklo. ,." r J ~, J,,,~ FOR KIDS: Nature e1ub. ~Jnvl U a developer wants tu build a " <~~I'" the board'd1d hatl' "ages &.1 ;z.4-5 pm, Cunedlfl ~ tuwer talJer than the height llinits. m sure w ")'l E" ckert Olivo; 50 l:6n15 to $1, f, the approval IS left to the city's ~ they tl:tought was nght, but some...; I A8GUT)IRDs Envlronmental, Bo8Id of AdJustment and Appea!, a "det:lSlOll$ ought to be Ul the hands r ~ Blfding WIlIt the BiM," fBillUfI citizens volunteer group; th~t ;2O! ~~:,t:.d...?~~s and'not qua:?)! ,\expen'Ed Kwatsr:17 30-9 pm makes binding deds.tons for the', Sl-JU~ 0AhIrUli0~ ",bt '1',\;~::'rt ~.ture Park,. 2750,Park T~ Lri Cl~ F " .,~", l" 'f. "" ..;" ~ 0,.\ 1I0ard of .Ad.lustnlenCand ~-::rl n727) 7B9-48113. tl:.':I.-t::~ .;:. " ,< , 'That is what h~pP;~~d t ~tb~. peld ~ chaizwoman Susie Roden:~?f ;1).~~j sdayrx>.t'.;~11~~:!:.~ the tower on Stale Road 580. 'beck sald the City has to allow the ~;I ~'~ W! , t ,~.r,.. ", ,'^ " Amencan Waage UC of Clearwa. tnwm to be built somewhere so ~. ,CLASSlC TALL Play. TwaS !hill ler, a company that has bw.lt tow- -v:~e,q~ can hare relecommU',~1 ii mas, lp and l' 30 a nt, lArgo el1l elsewhere In th.. countY had ~~ nlcatiOll.~senices She Vsatd the ->l" ,;) Canlral Park Onva,'$5,'f1VI sa: to appear before the bo8Id ~ get "; b9;mt was ~ed.py !!Ie' 8Igu.I~~' 'V" ~1 "",~ iIo'-W~~~Jit.~j~;N' l:S6.lon lor the, ls...fool.....-r /, meat that one bJE toWer.~'Petter <.'1 r.:. W~~ 't"',I~.'.'\i , <N" "'"e < than smaller'" .,It.~~:' '" ~,' " ',,!- ,..''.i' '""tot seClt)' codes l.urut towers ath.', /I' rl~ ", ~ .~ OD~ ,...'I\i;<-;"i~2r 'JSWEETSOUNIIS ~olidDYPf09ralT that locallon to 110 leet. 'Ibe'loh'- 1" ~uuombei::k S3Ja',tf1.;tol'l'ef il!soJ. "..Aondaj)rclaiw;i's Bavsxkt Stnn will hold up to five tarriers."I.~k got ,her\vote1p.:patlse,.~t~&:in "a ~ ,'I ,p.m., The PIaza;:1(KI frodien fIlitkl ' ,~l don't think to~ are:t:;ai5~~commen;ialluia~on'-a b,\1~,higb-';,. It,B1uf1s.free.1727lSS1-444p.:'' 'l tracllve," saul Miller Cooper 'pres,' , way, not In areSJdentlalllelghbor-,.!it ~'SPEClAl.~Adulrnalureprogr. lden t of American nnl~age~~od 1'q the'jl>>mm.lssioa.feels"; t. Plants and AnIJM/$ of FIonda.-1 "11Iere's a ~l:eDt sernce ~': ;\~I!)' shoUld~regtJJate )t,' fm aU,for' ',. ,- NalureCf1I]taf,(r19,10 Ed ~Ilft cd ing provided by some of !:!l~ hatna~'glljh"e'II!U~"r.I,felt;thflt 8lvl#I,,:~i ~r ,738-1905- ..*i:l,~I"\ tw ~ ~ ,1 gest and best comll1lllleS,'m~fii '$>l t!!~.autIJ..!!1J )~ttave.~as,a ~oard,'S'~ ~'.SHay.' nME;,~!j'T(!IV!ltercSj COWllIy," (i.~~M~<': ~, . I~Q "n on\1f; ,<," ,j h',~ I,. 1\ .~.~<V~,~tf '"" ", Coltll7llSSlongr1~dl'~gll >, ~ " ~';~~~~'L,,~ !J.::r~':~l (,.~~.lt;~rrJ:~~;'\l - said ColIUlUSSionet's'-rieed tn':!pf,' ,r,~C9ll!JlySSioaenl au;: 5llId ,they,'"~""'j. ,,..1 ~~."....'f~~'/l.t''''l''..,f, view all o~ be\:aUSe"~~ a" dO bot want to cnbcwe: the board 'J. ' 11O-loot tower.)V(~iild;~1Jreev,~~fol:"lts;declslOn, Comnu~ollers(,l www.a COC unacceptable on.state R~,J~8(r"\ ,~~do, however" want a &lIY, 11\. the,~ "We should dot.have ld~_o;<)t~cess.\)i~~fi. ~o' . ,,,,, -;ji>\-I(~'1tl~ri/~ ..Mam Street or ao :m.lllel\tla!"lII".t.t".;,. '"IbIs tIling wall bite a he-hum, eas:' Engleberti..!laid ~l'nt's.;."~"\1,thinR, '1.\ said COmmilisloner,"Johnj, thmg we need,to~k iibou~~W Doguone. I~I don't think we ,were " City AttornenJ12h1\,iiIubbaid......aI~d!1 !!omebody \ should .ha~ . wd Il: 1& well witliiI:i 'tbe'1;PlJlIlli&tif &ald,;~ llIt a' IIUllU!e :nme out", ~ SlOa's power to ltij:ide"~riain '~'1~ guys.) I ,think, we ~could have.t provab must' come ,'before 1:he~~taP~ !~J~g.w It's.a d,!ne t!-l(3I,.f'i.", lJody. The co~on,~uld .set~~hDoghoDe.saJd he was stunned ~ au absolute height 1inUt 61Jr~w~.tI'i when he sawthe tower and SaId he,~~ Hubbard S3Jd It lS.lmie for:th'ifClfy~ '. wants to make sure the city is not)/' to discuss Its pobCle.S~t ~ setting a preeedent.' ~: .:) ", communicatIolls toWc;iJ1OIl~~' I' I "If (developenl) get the feeling "1 developers are (breJtild,to:'~ 0.\", ~t''4can Just get 1I1to DWledin" cate towers whM" i Jl:Css,!!;ll clCy'lmuts' Md I can lust get'my.j guise them an~~put~th~l,l,'!.~ . ,lb1lil~4that's what I'm afraid:to mote loc.a!.lons.~~'1<<.;j,li'~'i1K'&YJ oLi'IDO~licne'Bp.id.' b,.,~,' 't!!J >, /,. I ....... ~ j-~lt~~~'~li~ :~ ~ \rt1L~ r-.~"'I;y..~,o( ~ ~t -. /" ~1 ~~ ~ ~l 1i .1 ~"~f~~ll".' I' '?wff.'}~II'f,'i'\"",'.,~I,\.,~.\ 'l1',"'" ral "'~~!v.\i \partnJent:wm'oversee the'traiI at I ffOm,f!!Q ,.1u':, ~ let it opens.-Puks chrector Dlalla~ , - 'r ,;It\~ ": - ,~"'~l ~ Kyle'SllId she"vaJWlteetefl to' 3C< h colorful nbbons,~:wqt ,u$d to.l.rcePt1th~:J'l-espQnsiblilty .~becljuSeJ fill In the spates l'J!"more ,tban:t:\-lwe have sO much experience .oper.'<! 3,4.00 people. comefl'plj.JiicipanPi~.aI1ng' a I recreIt1011aJ 'trail ~ 'A!.SlJ,'rt will 6tan~ should~t~,sh'oulder~-i.she said:r'We'~rPave parlis'!' and spIll over IIlto: l,th.e!':lldjacintl c'/', that offer fish'M l'tf:f, /,~' ':.J~"~' ""'Ion'" lots .~..ill')~ 'g~L' J.." -0 < ,ill; I~~~ ""~~~ ....... ". ~ ,~ " ne "am'" current p"""s an: to ' " The offiClal,o v g;~ , c109elth~dge'to;pedestrians..at jJ , Will take p1aC}! onlthe Thnlpa i1qe "dlll'k'eaeh'day'lbut a!low)anglel'!l" of the bndge AbO!!t 9 30~two ~i::u' aroulld.tbe.cloclcacGeBS to the-~, from each decade!\if th~II~l\J';':tishlog Cil.tWaJits:A secunty Kilardif WIll np.llcl tOWllrn th.. .....n/pr of rhp,l,~ ._-''''_~J_.____u .~_ _ ~ ~". ~ .<1< ,= .a.c::=1 .. t 0:21"~..ll.r~.2000"':IIl. ~ I ~..s&t:.c!~ t..halz' "'Z'&t.. ~ I!Q.I' tbe "-:I'm n;o?lONHiil~A"iJ VERTICAL BUN FASHIONS 7.-t(!"!'~d.r.....'l!.r ~,.: '1:"L~a...:''t'''' Sj~.l i ' I' i TOTAL P 05 ." ~: men _I .. - D1t) 110 --a CD.J '< , DEC-13-1999 15:35 c ..- t ( ~) 1/ ' ( (lA- (.,- ,rp !.-!. l' ~ V :; //M..~ l..c I P'}/)IJ._< <(ttl /1'<'1 /:t'-"r 1 'I ' ~ ' V ~ ,1-<.- I ~ '/' - u',- , 'i) -- _t (...'"') S l~f.:'l_ ~~,h .. American Info age , LLt-ft.yI ;7"-:/;; , . . . r:/ 2n7 Ulmerton Road. Suite 230, Qearwater. FL 33762 I ~ Y (727)5.56-0220 1-800-278-4399 Fax (727)556-0417 emaD: mtlonaldata(iilmin~ nll.com P.01/01 Ralph Stone City ofClearwat~r 112 South Osceola Ave. Clearwater, Flon(~'l3j756 Re. COnununicathJns FacIlrties - Virgmia Lane Via Fax 727-5624052 Dear Raph. We have ~'resented a desIgn for the IDOnopo1e we propose to install on VirgInia Lane. It prowies for the monopole to be a gray. blue color as close to the color of the sky on a typical day. We haw oilt-red for the Crty"s consideration to encase the sets ofantennae with a sky colored material,.U1d to install a clock having dimensions ofapprox. 7 ft by 7 ft. at an ~lcvation of approxnnatel) 50 it. AU of these options are available as well as others the City may recommend. As an altt:rnativc: to the above American InfuAgc would provide a contribution to the City for the purp.J o;e of enhancing the appearance of the neighborhood arolIDd the Virguua Lane area or otherwise is the Crty might elect American would be willing to make a contnbutJon in the amount of $4U.OOO for this purpose. A1nericao would also coat the tower With in a gray-blue color as descnbed above. Please rev ew this ahernative and give me your thoughts. / I ~---------- _ :..:-::~ -(r--\--~-:-0~~- ~ l I j~\ --. -. \ - :: - \, \' ,- - I , l -~ .......) -~ ~ \ 1 1 ~- , ' . 1 I ,.. ~-. \ \ GEe I j \999 l\ L_---- - -- , I - , TOTRL P 01 , .. ?EP-20-1999 1121 43 · 'V;~/} SlRcJ . t/05~ P 1211/06 a ' Y/If/fr.J VhL jlow'1f f, -:PleAt ~bde ck lO;j /1 'aAJiFL ~ fiVlfd ();7?/)? I ~M~ td YlotpGIZ C~/7J':S~~ 6~ CWIc. (Jmfi"'66- dJ6C.. 2/ Yla4 ();nffl.d,;a-;c,e ;:4 75;f[/yJSd/J r;au:~~~tn<.. r. Yn{ ~~ ~ ~~. :JI ~ ~~ MY f~-k~ fle4e ad d-Ie. aJ 1J.7-?fd.{).9J19 /) tdj C/W: Q VbO ~ i k,Js rJf>0 ~~ COPIES TO COMMISSION SEP 20 1999 pR~S CLERK I AnORNEY Bes~ Copy Available SEP-20-1999 10 43 P 02/06 September 17, 1999 Mayor Brian A\U1gst Clearwater P O. Box 4748 Clearwater. FL 33158 We are not in favor of allowing a comroumcation tower at 505 Virgmia Ave. , Clearwater, known as CDB 99_08. Such an atrocious slte would certainly be an eye sore to our residential commumty as well as our many visitors who travel down GuIfto Bay 00 their route to the beaches. This wollld contradict the beauu.ficatlon project the city is pursuing and the many efforts of the people involved to unprove the city of CleaIWater. Also, we as a commumty continually stnve to improve and beautify our neighborhood. Our beauty is what attracts people both as tounsts and residence to the community This stnlctUre would definitely rob it of its attractiveness and splendor My concern is also far the many youngsters in our neighborhood in which this tower may present a. danger to There is mevitability a lugh risk of danger by constNcti.ng this tower next to a residential commumty. 'Why even chance the risk of injury? This would be a disservice to our children. There J.S a better place for such a strUCNIe. The mdllSuial park on Hercules would certainly be a. more appropriate place. It would be away from the resIdential neighborhoods and the most frequently traveled road 111 and out of our cozmnunity. This request has surfaced in the past and been denied for the very reasons mentioned above. I beheve the commum'ty and CIty are in harmony regarding these matters and have the best interest of Clearwater. In lieu of this, the request should not only be denied but not be allowed to rCSUIface time and time again To reltt:Tate, I object to the request to construct a coromumcat1an tower in ow neighborbood I also urge you as our representaTIve and voi" in government to support the Clearwater comm~ty OD this matter and to continue to Improve the quality and beauty of the area we hold so dear I thank you for your time. consideration and discretIOn I (?m.~;~ -, ~{;(6JiN~o~ 1846 Pine Street Clearwater, FL 33764 Cc: CommisSIoner Ed Hooper Commissioner Bob Clark ComroisSloner Ed Hart Conunissioner 1ay B Johnson PI8(l18 pr.pgro a respons. for the MdYOr'S signature. cc: City Com~i~lon Due dale. ~/d~ qEP-20-1999 10:43 I.h,....l'......".-"",,- - - - P.03/06 July lOt 1999 Mr Jo1m Asmet Planning & Development Services City of Clearwater P.O. Box 4748 Clearwater, Fl 33758 g@et Copy Available Subject: Petition of CDB 99_08. Dea: lYU' Asmer, L..cu--c. ge. We are the residents livmg nearby the propertY of 505 Virginia A~, C1earwater Fl, known to you as CDB 99_08. We are agai.nst Mr. Georgllas or any other iDdividual or company erectmg a tower on thIs propen)' directly adjacent to our neighborhood. Furthermore, as residents nearby said property, we feel that erectmg a tower in this neighborhood would decrease our property values, proVIde a great eye..sore in the community, and compromlse the safety ofclutdren in the area. These are a few of the reasons we feel strongly aga.mst this proposition and Wish for your munediate consideration to deny Mr Georgllas request to erect this tower In our neighborhood Sincerely, The residents Addre!S I ,,~,. ~ Lcnc..~-(\e.d (}(cOt.r-t~ e~nc.(.e, rle.a.l'b'2. ;r..c. Qf"opo.e.ed 'oL.LJd\ti~ S It f 'd'Uccl.. ~ -t6~'c.r ,^,llO Oft. j~ Cu.:ly,\c;k, ::.cc.. ~~ c.r "W'lc.. Q:rc~~' ~EP-20-1999 10:44 P 04/06 Petition against CDB 99 _08 (page 2) r Best CClPY- Available ~ ..-- -,/ CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the CIty of Clearwater, Honda, Will a hold public heanng on Tuesday, November 16, 1999, begmnmg at 1 00 pm, m the City Comnusslon Chambers, m City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Flonda, to consider the following request: Item A - (cont from 10/19/99) William & HODe Georeilas (Amencan Infoage, LLC) are requestmg flexIble development approval to construct a 160 ft tall telecommUnIcatIOn tower at 505 Vireinia Lane, Sec 13-29-15, M&B 32 05 CDB 99-08 Interested partIes may appear and be heard at the heanngs or file wntten notice of approval or objectIon WIth the Planmng and Development Services Director or CIty Clerk pnor to the heanngs Any person who decIdes to appeal any declSlon made by the Board, WIth respect to any matter considered at such hearmgs, WIll need a record of the proceedmgs and, for such purpose, may need to ensure that a verbatIm record of the proceedmgs IS made, whIch record mcludes the testImony and eVidence upon which the appeal IS to be based per Honda Statute 2860105, All mdlvlduals speakmg on public heanng Items will be sworn III FIve days pnor to the meetmg, staff reports and recommendatIons on the above requests will be available for review by mterested partIes between the hours of 8,30 a ill and 4'30 pm, weekdays, at the City of Clearwater, Planmng and Development Services Department, 100 S Myrtle Ave, Clearwater, FL 33756, or ca11562-4567 John Asmar Planmng and Development Services Cynthia E Goudeau, CMC! AAE City Clerk City of Clearwater POBox 4748, Clearwater, FL 33758-4748 NOTE Applicant or representatIve must be present at the heanng A COPY OF TillS AD IN LARGE PRINT IS A V AIL ABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REOUEST AT (727) 562-4090. " ~ j COM1vf TV DEVELOPMENT BOARD MEET AGENDA Tuesday, July 20, 1999, I 00 pm --, , .. The City of Clearwater strongly supports and fully complies with the Arnencans wIth Disabilities Act (ADA) Please advise us at least 72 hours pnor to the meeting If you reqUIre special accommodattons Assisted IIstemng devices are avatlable Kindly refram from usmg beepers, cellular telephones and other distracting devices dunng the meetmg CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE ROLL CALL Chairman FIgurski Vlce~Chamnan Mazur Member Gildersleeve Member Johnson Member Moran Member Petersen Member PlIsko City Staff I REQUESTS FOR CONTINUANCES II LEVEL 2 APPLlCA TIONS The order of the heanng for Level 2 appllcattons IS as follows Presentatton by Plannmg Staff (10 mmutes maximum) Presentation by ApplIcant (10 mmutes maximum) Cross ExammatlOn of expert witnesses by Planmng Staff Cross Examination of expert Witnesses by Appltcant Comments by the Publtc Closmg Remarks by Planmng Staff (3 mmutes maximum) Closmg Remarks by Applicant (3 mmutes maximum) DISCUSSiOn and Vote by Board A MacDonald's CorporatIOn IS requesting fleXIble development approval of a commercial Infill project conslstmg of a fast-food restaurant with front yard setbacks of 10 feet and 5 1 feet at 539 South Mlssoun Avenue Presenter Antoma Gerlt, Development ReView Manager B William and Hope Georgllas (Arnencan Infoage, LLC, agent) are requesting flexIble development approval of a commUnicatIOn tower at 505 VirgInia Lane Presenter Antoma Gerlt, Development ReView Manager C Larry and Marcella Wing are requesting fleXIble development approval of a reSidential Infill project to create Wmg SubdivIsIOn with Lot 2 havmg 19,052 square feet and with Lot 4 havmg a Width of 43 42 feet and a Side setback of 7 feet The project IS located off Unton Street In the Southeast quarter of Section 32, Township 28 South, Range 16 East Presenter Antonia Gerli, Development Review Manager III LEVEL 3 APPLICATIONS The order of the heanng for Level 3 applications IS as follows Presentation by Plannmg Staff (to mmutes maximum) Presentation by Applicant (10 mInutes maximum) Comments by the Pubhc Closmg Remarks by Planning Staff (3 mmutes maximum) Closmg Remarks by Applicant (3 minutes maximum) DIScuSSion and Vote by Board ANNEXATIONS A Larry and Marcella Wing are petitiOning to annex 2892 Union Street and the surroundmg land mto the CIty of Clearwater with a zonmg atlas amendment of Low Density Residential and a land use plan amendment of Residential Suburban Presenter Cyndl Hardm, Assistant Planmng Director B Russell and Sydeny Jacobs are petitIOning to annex 2854 Samt John Dnve with a land use plan amendment of Residential Urban and a zOning atlas amendment of Low MediUm Density Residential Presenter Cyndl Hardm, Assistant Planmng Director LAND USE PLAN AMENDMENTS C EAR based ComprehensIve Plan Amendments An ordmance of the City of Clearwater, Flonda, amendmg the ComprehenslVe Plan of the City as adopted on November 16, 1989, mcludmg amendments to the future land use, transportatIOn, housmg, sanitary sewer, sohd waste, stormwater management, potable water, groundwater aquifer recharge, coastal zone management, conservation, recreation and open space, mtergovernmental coordmatlon and capital Improvements elements, provldmg an effective date These amendments are proposed pursuant to the Evaluation and Appraisal Report (EAR) RegulatIOns Presenter Advance Planning Staff D AMENDMENT TO THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN, RESOLUTION NO 99-35 A resolutIOn of the Clearwater City CommissIOn amending the Commumty Redevelopment Plan for the downtown area of the city of Clearwater to change the Medium; HIgh Density Residential classification of two parcels located north of Park Street between Myrtle Avenue and Greenwood Avenue to thE' CommerCial; Office; Residential clasSificatIOn, to change the Open Space; Recreation classification of parcels located from Myrtle Avenue east to Ewmg Street and from Park Street south to Court Street to the Commercial; Office; Residential clasSification, and to change the MediUm; High Density Residential classrficatIon of properties located on the north Side of South Greenwood Avenue from Park Street south /' ,. to Chestnut Avenue and pertles located south of Court Streef< rth of Chestnut Street '>, from Myrtle Avenue to South Prospect Avenue to the Commer..... _. I Office I Resldentlal class1fi cation Presenter Teresa MancIni, Planner IV APPROVAL OF MINUTES OF PREVIOUS MEETlNGS June 15, 1999 V / CHAIRMAtVS ITEMS VI BOARD'S ITEMS Vll DLRECTOR'S ITEMS Approval of staff members as expert witnesses VllI ADJOURNMENT FLORIDA STATUTE 2860105 STATES ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL To Development ReVlew Committee FROM Antorua Gerl1 Date May 3 I, 1999 RE DRe Meetmg ofJune 17, 1999 ______________.________M__.~_______________________________________~_________._~______._____. We have a really lengthy agenda for trus meetmg Please plan on spendmg most of the day reVlewmg the applications \ So the applicants don't have to wait all day, I've attempted to gauge how long it wdl take us to review each application and planned a tentative schedule to send to the applicants I trunk we can do 5 fleXIble standard applIcations for residential additions and one annexatIon in 1 - 1 lh hours ( 9 - 10 15) BeUarr Group Yearout Loyer Curkan NalI Jacobs 10 15 Wing plat, annexation & flexible development 11 15 Northeast Church of Christ flexible development lunch 1 pm Amencan Waage communication tower 145 Battagba 10 townhouses on the Beach 2 15 pm Sorin 8 houses 3 pm MacDonald's on Missouri Please let me know if this schedule is amenable to you Thanks for your help ,,""'" "Ict.~~laF Tilt "... "fj_\ 1).,."u......~X... ",!,::,." #;...~,.... ~..~..',II \ """:, ,,~IfI,....."" ........ .._:-,~- , '-.. .... -. -- ~~.. -. =-- ,.....,; "''--'0" ~- ~.. ..."":. --= ;:;:;11 ~~"~-~ "C:S--:'" .,... ....~~1'~ '\ - If, "n'" ~~ ",' -.......)1TE~,. I'.' '",., CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVlCES ADMINISTRATION POST OFFICE Box 4748, CLE>,R\'(1AlrR, FLORID'" 33758-4748 MLJ1\ICIPOJ. SFRV1CfS BuIl.or'G 100 SOl-Tit MYRll ~ A\;'}\LI: CLFAR\\ ATER Fl ORlO... ~3756 TELEPHO\~ (727) 562 1567 FAX (7'27) 562.4576 June 1, 1999 Mr MIller Cooper Aencan Infoage, LLC 2727 Ulmerton Road, NO 230 Clearwater, FI 33762 RE Development ReVIew Comnuttee meetmg Dear Mr Cooper The apphcallon that you subllltted on behalf of 505 Vlfgtrua Lane Will be reVIew by the Development ReVIew Comrmttee on June 17, 1999 Due to the volume of cases bemg reVIewed on thIS day, your scheduled appomtment for 9 OOarn has been changed The approxtnmte Ume for rCVlew Will be I OOpm lfyou have any quesllons, please do not hesitate to call me at 562.4561 Smcerely yours, {Wdkio- ~ Antoma Gerlt Development ReVIew Manager O"lE (In O"lE FUTlJRE BRIA."I) AUJ\GST, MAYOR,CO\I\llSSI0loER En HOOPER, VICE MAYOR,COI.l\i1SSro.\ER En HART, CO\\MI$SlOI\ER * BOB CL>.RK, CO\I\tl$SIO'ER J B )0 tll'lSO,\ ,JR , CO\I\tl$SJ01\tR "EQUAL E\lPLOY\IE'T A.'O AFHR.\t'..llVE ACTlo\ E\IPWYER' ...... .,,'11, ,11~\.~Lor 1/;;;;; \~_\ 1) ,""" ~X ....R'~t,11 ...."'''''...''' ~p _-;:-:;..'" \ I, ~\ 'S!. ':. .~"....... ---..:!i7'"r-l ~ ... :~:- _ _~ -~<C: ..t.:::=&.;. ==-- Q_ "''1"': ";. -=__ ;:;::.. ...~., -- -- '~~\ ~ .........~_,.tt \ ...... '/f,"""" 'G:~" \ ;...;...)fTE~,.111 ,""" CITY OF CLEARWATER Pl.AJ'JNING &. DEVELOPMENT SERVICES ADMINISTRA nON POST OnllE Box 4748, CLEAR\t A ThR, F [ORJD~ 33758.4748 ML"IClP-\..I SERVICES BLIIDl\G, 100 SOul I! 1I.IYRll E AvnL~, C1JAR\\t\Tl:;R FIOR[I)~ ~'J756 Tfl.FPHO\E (727) 562-4567 h\. (727) 562.4576 May 26, 1999 Miller Cooper Amencan Infoage, LLC 2727 U1merton Road, No 230 Clearwater, FL 33762 RE ApplicatIOn for a commurucatlon tower Dear The Planrung staff has reviewed your application to construction a commumcatlOn tower at 50S Virgmla Lane and detenmned that the applIcatIOn IS complete The application has been entered mto the Department's filing system The apphcatlOn will be reviewed for sufficiency by the Development Review CommIttee on June 17, 1999, at 9 00 a m m the Planrung Department conference room - Room 216- on the second floor of the muruclpal service bUIldmg, 100 South Myrtle Avenue 10 Clearwater You or your representative should be present to answer any questions that the committee may have regardmg your applIcation If you have any questions, please do not heSitate to call me at 562-4561 Smcerely yours, fWmuO-. ~ Antorua Gerh Development ReView Manager O\E Cm O"E FUTlJRE BRL>C\ J ALt>.GST, /l.1A"OR COMMISSIOt<ER Eo HOOPl-R, VICF MA)OR CO\j\lISSIO"FR ED HART, COM\\ISSI0t>.ER $ BOB CL.wt CO\I\\ISSIOt<FR J B JOH\SOI', JR , CO\I\IISSI0t<ER "EQL"1 E\IPLOY\IE\T ....\.D AFFIR.\\ATIVE ACTIO" E\IPLQYER" .""" 111~'t.~L~ll/f;;;; \'~ .,",......J~7J7...- \\~ lo'" ~"'"".....',l-":.. :c:s" \ I, rfIR--. ",,, "C"":):'::-''''::'':- ~\~~ :r::: . Q: ..f1'" --. ~.. ':.-s'l,'~~. ",~\.. ~..rlf.",;,,, "~,>:" ;;;)1TE~,. II I "11" . CITY OF CLEARWA'TER PLA1~NING &. DEVI...l o PJ\'lLNT SER\tlCrS \IYvll~IS I R\ [10'\1 PO~T O~HCF 80\ 47-18. CI r_\R\\ \HR [IORII)I 33758.-17-18 I.IL \IClP\! 5rR\'lG' BUlOI\G 100 SOL III ,\\) Rll r \n \ L I (I L\R\\ \ II R h URlll \ i i ,:;() TrICPIIO'-1 (727) 56~"'667 f-l.,x CT) 56~ .6i() June 17, 1999 CO fl~ 0 l~ IF""'" ~"'" &_~'"'J Miller Cooper AJnencan Infoage, LLC 2727 Ulmerton Road, No 230 Clearwater, FL 33762 RE Apphcauon for a commumcaUon lower Dear Mr Cooper The applicatIon that you submItted on behalf of McDonald's at 539 S M1ssoun Avenue has been scheduled to be reVIewed by the Commumty Development Board on July 20, 1999 The meetmg WIll take place at I OOpm, m the City Commission Chambers, 3'd floor of City Hall at 112 S Osceola, Clearwater If you have any questIons, please do not hesllate to call me at 562-4558 Mark T Parry Planner O\r On O\F f:"TLRI BRH.'- J \L '-0<;J \IA\OR CO\l\lI,SIO'-rR I D HOOPeR VIC~ \lI\OR COII\ll"IO'-fR ]:D H.IRI COI"lbS10\1 R @ BOB C [\Rh CO\\ II'~"O\ rl~ I B JO'{'-.O\ lR CO\I\II"-'IO\1 ~ . EQI \1 E\11'1 m \11 -"-1 "''-0 '\FllR.\L\1WE -\CllO'- L \\1'10']- R , . DEVELOPMENT REVIEW COMMITTEE JUNE 17, 1999 AGENDA 1 The Bellalr Group, Inc, IS requestmg fleXible standard development approval to construct an addition to a smgle faffi11y residence With a ten (I O) foot rear setback at 2956 Meadow Hdl Dnve 2 Jane Yearout IS requestmg fleXible standard development approval to construct an addition to an existmg detached dwelltng With a front setback of fifteen (15) feet at 928 Esplanade 3 Daniel Loyer IS requestmg fleXible standard development approval to construct a residential add! tIon With a front yard setback of mneteen feet at 1510 Levem Street 4 Michael and Diane Curkan are requestmg fleXible standard development approval to construct a swimnung pool With a rear setback often (10) feet at 3365 WInd Clume Dnve 5 Russell and Sydeny Jacobs are petitioning to annex 2854 Saint John Drive With a land use category of Residential Urban and a zonmg category of Low Medium Density Residential 6 Larry and Marcella Wing are petltlorung to annex 2892 Union Street and the surrounding land into the City of Clearwater with a zorung district of Low DenSity Residential and a land use category of Residential Suburban 7 Larry and Marcella Wmg are requesting approval of a sIx-lot residential plat located offUruon Street 10 the Southeast quarter of Section 32, Township 28 South, Range 16 East 8 Larry and Marcella Wing are requesting fleXible development approval of a resIdential mfill project to create Wing Subdivision With Lot 2 haVIng 19,052 square feet and with Lot 4 haVing a width of 4342 feet and a side setback of 7 feet The project IS located off Union Street in the Southeast quarter of Section 32, Township 28 South, Range 16 East . ... 9 The Northeast Church of ehnst IS requestmg flexible standard development approval to construct an auditorium with 5 parktng spaces per 2 seats at 2040 McMullen Booth Road lO Amencan Infoage, LLC, IS requestmg fleXIble development approval of a commurucatlOn tower at 505 VIrginia Lane 11 Anthony Battaglia is requesting flexible standard development approval to construct 10 townhouses at 1370 Gulf Boulevard 12 Murray Sonn is requesting fleXible development approval to construct nine dwelling umts on lots of 5,000 to 8,000 square feet WIth WIdths between 50 and 80 feet as a reSidential mfill project The property IS located at 2480 Dnlld Road 13 McDonald's Corporation is requesting fleXIble development approval of a commercial mfill project consIstmg of a fast-food restaurant With front yard setbacks of ten 910) feet and 5 1 feet at 539 SQuth Missoun Avenue , , JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. A TTORNB YS AND COUNSBLLOa.S AT LAW E D ARMSlltONG [II BRUCE W BARNES JOHN T BUJ<EL Y BRUCE. K BOKOR GUY M BURNS JONATIIANS coLEMAN MICHAEl.. T CRONIN ROBERT M DAISLEY ELIZABETH J DANIELS MARlON HAUl: SOOIT c. ILG8NFRfl'Z FRANK. R.. JAKES T1MO'IHY A. JOHNSON, JR. SHARON B.. XR.ICK ROGER A LAItSON JOHN R.. LAWSON, JR.. MICHAEL G urnx MICHAEL C MARKHAM :!1m'HANIB T MAll.QUARDT F WAll.ACB POI'K, .IR. ROBE1I.T V POnllR. JR. DONALD P IUlBD DARRYL R..1IJCHAlU)3 PB1'ER A IUVBll.OO DENNLS. G.ll.UPPBL. CHARLES A. SAMAlUCOS JOHN A. SOfABFBll ~ y c. sanJBTT PHIIlP M. SHASTEKN PmlCY J STAXl!UJM N XlANM. VllCCH[CI..I 3lEVBN It WBINBERGER. A!.mBR P WIL1.IAMS 1t.IL1fJS J z.scHAU "'OF COUNSHL P1JlASR RE.PI.. Y TO TAMPA EMAIL ADDRESS CARR YLll.@1BPFlRMCOM Fl.E NO January 31, 2QOO RECEIVED U\ Stacy Frank, Esq. Frank & Gramling POBox 1991 Tampa, FL 33601 FEB I 2000 !TOR~!EYFS OFFICe! .> RE Amencan Infoage, LLC Dear Ms Frank. We represent Amencan Infoage, LLC eAmencan lnfoage"} It IS our understanding that you represent Bayfone of Tampa and AT&T Wireless, Ine As you know, Amencan Infoage has a contractual and bUSIness ,relationship With GTE Wireless, Nextel and Pnmeco Each of those companies is a provider of cellular telecommunication services. More than a year ago, Miller Cooper of Amencan Infoage determIned that GTE, Pnmeco and Nextel needed antenna space on a telecommunIcatIons tower In the City of Clearwater Mr. Cooper worked for more than a year to locate a sUitable locatIon and to negotiate site lease agreements or letters of Intent With GTE, Nextel and Pnmeco. Before Mr Cooper began looking for a sUitable Site for a tower, he learned from GTE, Nextel and Pnmeco that AT&T had expressed no interest In allowing co-location of antennae on a tower It leased at Clearwater High School ("Clearwater High Tower"). In fact, AT&T had bluntly rejected all overtures to permit co-location Amencan Infoage then entered Into a contract to purchase land on which to construct a telecommunIcatIons tower In May 1999, Amencan Infoage filed Its application for approval to construct a telecommumcatlons tower Before Amencan Infoage filed Its application and acqUired the land, It analyzed and detemuned that It met all the reqUIrements of the Commumty Development Code for construction of a new tower Amencan Infoage specifically determined that there was not an existing tower or structure which could accommodate the proposed co-location. GTE, Nextel and C t.EAlI. WATER OFFICE 911 CHESTNUT STREET POST OFFICE BOX I J6ll CLEARWATER. F1..0RIDA 33756-1361TEl.EPHONE. (111) 461.\$11 TELECOP1ER (711) "I.&i 11 BANKRUI'11:Y TEl.ECOPlEll (1I1) ~ TAMPA OFFICI! 100 NOlml. T AM1'A S1'll.EET (336ll'2) SUITE llOll PlXI' OFl'lCll BOX 1 ] 00 TAMPA. FLORIDA 33601-51043 lREl'HONE (113) :z2S.2500 TEU!COl'lEIl (l1J) :t/3.1l11 NAI'US OFFICI! m SIX'l1l AVE. S POST OFFICE BOX 1 J6I NAPlES. FLORIDA 34\01 tnEPHONE. l"ll) olJj.OO3j Tfl.&X)P!ER.. (901]) 4)).!/991 , , , G./fJIr- fluf pll6 JOHNSON, BLAKELY, POPE, BOKOR, RUPhJ'" & BURNS, P .A. ATTORNiiYS AND COUNSBLLOJUI AT LAW / E D ARMSIRONG m BRUCE W BARNES JOHN T BLAKELY BRUCE. J-t BOKOR GUY M BURNS JONATHANS COLEMAN MICHAEL T CRONIN ROBERT M DAlSLE Y ELlZABETH J DANIELS MARJON HAlE SCOTT c. ILG8NFRfl'Z FRANK. R.. JAKES i1M01HY /It.. JOHNSON, JR. SHARON B.. lClUCK ROGER A.1J.Jl.SON JOHN:R.1.AWSON, JR.. MICHAEL G LITILB MICHAEL C MARKHAM S'THPHANIB T MAll.QUAiDT F W All.ACB PCI'I!, .IR. ROBERT V POTt'Il:lI,. JR. OONAlDP R.Bm CARR YL R. 1.lCHAll.DS PBTI!R /It.. IUVlll.UNl DENNIS. Q. RUPPBL. CHA1U.liS A. SAMARX.08 JOHN /It.. saW>Fiill Cl.A y C. 3CHUBTT PHIlJP M. SHASTElI:N PUl:llCY I STAXEl.lJM IV ~ M. VBCCUct.l SlEVEN H. WRINBERGER. A!.mBR F WIL1.lAMS 1Ul.It1S: J 1.:lCHA.U '"OF COUNSIlL PLBASB RE.PI.. Y TO TAMPA EMAIL ADDRESS DARRYllI.@JBPFlRMCOM Fl..E NO January 31, 2000 RECEIVED -, Stacy Frank, Esq Frank & Gramling POBox 1991 Tampa, FL 33601 FEB I 2000 ;TOR~!EYFS OFFiCe- l RE Amencan Infoage, LLC Dear Ms Frank: We represent American lnfoage, LLC ("American Infoage") It IS our understanding that you represent Bayfane of Tampa and AT&T Wireless, Inc As you know, American Infoage has a contractual and bUSiness ,relationship With GTE Wireless, Nextel and Pnmeco Each of those companies IS a provider of cellular telecommUnicatIon services More than a year ago, Miller Cooper of Amencan Infoage determined that GTE, Pnmeco and Nextel needed antenna space on a telecommunications tower In the City of Clearwater Mr Cooper worked for more than a year to locate a sUitable location and to negotiate site lease agreements or letters of Intent wIth GTE, Nextel and Pnmeco. Before Mr Cooper began looking for a sUItable Site for a tower, he learned from GTE, Nextel and Prlmeco that AT&T had expressed no interest In allOWing co-location of antennae on a tower It leased at Clearwater High School ("Clearwater High Tower") In fact, AT&T had bluntly rejected all overtures to_permit co-location American Infoage then entered IOta a contract to purchase land on which to construct a telecommUnications tower In May 1999, American Infoage filed Its application for approval to construct a telecommunications tower Before American Infoage filed ItS appl[catlon and acqUIred the land, It analyzed and deterrmned that It met all the requIrements of the Community Development Code for constructIon of a new tower American Infoage specIfically determined that there was not an eXisting tower or structure whIch could accommodate the proposed co-location GTE, Nextel and C t.EJ..R WATER OFFICE 911 CHEswvr!rrJ.E.ET POST OFFICE BOX 1J68 CLEAR W A 1'ER, FLORIDA 33756-1368 TELEPHONE. (117)....1 1818 TELECOPlER (7l1) <W1.a617 BAN 1Ul.Ul'Y"C Y TEI.ECOPlER. (7l1) 44J.6j4 TAMPA omCB lOG NORnI TAMPA st'ltEET (D6ll2) sum! UlOlI POSTOFF1CE BOX llllD TAMPA, FlDRIDA 3360I.SI45 'lELEPHOWE (11 J) ttS-1SOO TELECOPlER (11l) m.n.1 F~ lE.DHOWE. ('941).w.<<o$ TELEQ)P!Ell ('94J) .QS.999'Z V;tTLItf/Vifl r ~uoi " I /'"" JOHNSON, BLAKELY, POPE, BOKOR, Ruppt:.... & BURNS, P .A. A TTOll.NB YS AND COUNSBLLOll.S AT LA W Stacy Frank, Esq. January 31,2000 Page 2 Pnmeco concurred that the Clearwater High Tower was not sUitable for co-Iocation of three additional antennae, Even AT&T admitted that the Clearwater High Tower did not have sufficIent structural strength to accommodate the proposed co-location. Since GTE, Pflmeco and Nextel had an urgent need for a tower and since there was not an eXisting tower or structure to accommodate the need, Amencan Infoage moved forward with Its application to construct a new telecommunications tower. AT&T and the School Board expressed no Interest in constructing a new tower or allOWing addItional antennae on the eXisting tower at the Clearwater High School site. After months of delay by the Community Development Board ethe Boarer) to allow Its staff time to Investigate whether the Clearwater High Tower was a feaSible alternative to the proposed new tower, the Board approved American Infoage's application on November 16, 1999. AT&T then for the first time expressed an Interest 10 co-locat1Og GTE, Nextel and Prlmeco on a tower at the Clearwater High School site Based on AT&Ts alleged Interest, the Board, without Justification granted a request to reconsider the approval of Amencan Infoage's application. Based on direction from the Board, Amencan Infoage tried to dlseuss with the School Board the bUilding of a new tower at the Clearwater High School site The School Board would not partiCIpate In such diSCUSSions unless AT&T was present. After AT&T and the School Board learned'from American Infoage of the prospects of co-location, they excluded Amencan Infoage from further dISCUSSions about a new tower at Clearwater High School. Rather, they conspired together to take a business opportunity that Amencan Infoage had developed, As part of that conspIracy, AT&T and the School Board interfered with the contracts or bUSiness relationships between American Infoage, GTE. Nextel and Pnmeco After AT&T Interfered With Amencan Infoage's bUSiness relationship, It then caused you to send your letter of January 7, 2000, In which you stated that AT&T agreed to pay the cost to construct a new tower As we later learned, that statement was untrue As you know, American Infoage has site lease agreements for ItS proposed locatIon WIth GTE and Pnmeco It also has a letter of Intent With Nextel for the same location American InfoaQe enJoys a good and advantageous bUSiness relationship With each of those companies. AT&T, despIte knowledge of the relationship and the sIte lease agreements, has attempted to Induce GTE, Primeco and Nextel to abandon leaSing space on the tower proposed by American Infoage Through the use of misstatements and secret dealings, AT&T and the School Board have unlawfully kt ....! - ...."' r.f t.L_ . ....._~-- ..--.... _~.J_ -.... ~..- F8b-02~OO 15 24 F r om- JOK~.~ 8L AKH ( 813224;580 ~ Twl12 P 01/01 F-4Z3 ~ /' JOHNSON, BLAKELY, POPE. BOKOR, RuppeL &. BUkNS, P .A. ATTOB.NaYI AND COuMeaL1.0RI AT LAW Stacy Frank. Esq January 31,2000 Page 3 Interfered with the contractual and business relationships between American Infoage, GTE, Prlmeco and Nextel Based on the actions and misstatements of AT&T, the Board denied American Inf08ge's applicatIon on January 25, 2000. American Infoage Is going to pursue appellate or other relief to obtain a pennlt to construct the proposed telecommunications tower. Amencan lo1oa99 has a clear right to approval of Its applicatIon to construct $ tower on which GTE, Nextel and Pnmeco have agreed to ~ease space. The Board Ignored the plain language of the Clearwater Commumty Development Code and relied on misstatements of AT&T when It denied Ameflcan Infoage's application If AT&T and the School Board persist in Interfering With the relationship bet'Neen Amerrcan lo1oage, GTE, Prlmeco and Nextel, American Infoage will pursue both AT&T and the School Board for the damages it suffers. I have also analyzed the lease between Bayfone of Tampa and the Sehool Board of Pinellas County, FlOrida That lease does not give AT&T an exclusive right to construct a tower at the Clearwater High School site. AT&T and the School Board have excluded Amencan lo1oage from participating In the dIscussions to construct a new tower at the Clearwater High School site even though it was American Infoage that filed an application to construct a new tower AT&T has not filed an application to construct a new tower. Since the purpose of a new tower at Clearwater High School is a private for proflt venture on public property, it should be open to a public bidding process A T& T and the School Board have refused to disclose the terms of the construction of a new lower, the tenns of a Mure lease and the amount 0( distribution of lease payments between AT&T and the School Board. There is absolutely no reason to exclude American Infoage from the process AT&Ts expressed Interest is In maintaining Its service and in facilitating co-Iocation, That will occur whether American Infoage 0( A T& T constructs the new tower at the Clearwater High School Site. The aJrrent lease agreement between Bayfone of Tampa and the School Board states that the School Board is deSirous of providing Bayfone access to certain parcels of real estate to perrmt it to -construct communication towers and building for its and the Board's communications equipment- It does not state that Bayfone has permission to construct towers for use by other providers or to sublease any space on the existing tower A new lease, therefore, will be required for that reason among others Before entering into such a lease, the School Board must consider approval of the lease at a publIC meeting at which the proposed agreement in Its final form i,s available for . , . JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P A. A TTORNB Y'S AND COUNSELLORS AT LAW Stacy Frank, Esq. January 31,2000 Page 4 Inspection Amencan InfoaQe demands that the School Board and AT&T provide It with a copy of any proposed lease Representatives of the School Board have expressed theIr Intent to Ignore the School Board's statutory obligation to hold a public meetlng after full disclosure of the proposed lease American Infoage wIll challenge any lease that does not follow the reqUired public meeting process Amencan Infoage demands that AT&T and the School Board Immediately cease Interfenng or attempting to Interfere with Its contracts or bUSiness relatlonshlp with GTE, Nextel or Pnmeco If the School Board IS moving fOlWard with negotiations to construct a new tower at Clearwater High School, American Infoage also demands that It be allowed to particIpate In those negotIations and to bid on construction and leaSing of the new tower If AT&T and the School Board choose to exclude Amencan Infoage and to proceed with their secret deal, American InfoaQe will have no chOIce other than to address these Issues In a court of law. Sincerely, 'ON Darryl R Richards Attorney at Law DRR css cc John Bowen frank Jtr doc 1IiIIi'~ ...... -& ..... ... CO!llf11M~ ~. D:JaAd. ~~ -1/Z,r-~2-0~t:! fLtv1e. v At J q ... F ()..oog . d~:: _> . ~i:tJuI ~ JOhn 1-ht~/D..frl<'CJ1..11i~ ~~ Slle No FI (j v&JO ~{'nt- >:- FP''"' ~ - t' i~~ ~ ~~r: SITE AGREEMENT THIS SITE AGREEMENT ("Agreement") is entered into this / (p...JI- day of <lu.L.v- . 1999 ("Agreement Date") between American Infoage, LLC (Lessor) ~ office located at 2727 Uhnerton Road, Suite 230, Clearwater, Flonda 33762, Its heIrs, successors and asSigns, herem referred to as Lessor and GTE Wireless of the South Incorporated, herem referred to as Lessee, organized and eXIsting under the laws of the State of ~Irgmia, and duly authorized to transact bus mess at $303 Q,;mm(~~L /""tn'Jc. Lessor and Lessee may each be herem indiVidually identified as "Party", and collectively as the "Parties" WITNESSETH Lessor and Lessee have previously entered into a MASTER COMMUNICATION TOWER LEASE AGREEMENT and this Site Agreement IS made an mtegral part thereof. If there is a conflict in the tenns and conditIons between the MASTER COMMUNICATION LEASE AGREEMENT and the SIte Agreement, the Site Agreement shall govern. Lessee IS hereby authonzed to mstall Its FacilIties on the DeIIllsed Premises, located at 505 VirginIa Lane, Clearwater, FL 33764 in Pinellas COWlty. Lessee's Facility IS shown ill the attached ExhIbIt B LEASE TERM. The mitial term of!lus Agreement shall be for five (5) years, effectIve on the date of completIon of the Lessor's Denused Premises as shown m the attached drawmg(s) and tItled Exhibit A. Completion shall be defmed as that date the certIficate of occupancy is issued by the govenung body having jurisdictIon and approval IS received by FAA Lessee IS hereby granted the right and option to renew this Site Agreement for four (4) additional five (5) year extension period(s) after the initial term expires, subject to tms Agreement berng in full force and effect at the time of renewal and lessee not being in default of any of ItS terms RENTAL: The monthly rental shall be paid in advance begmnmg on the Commencement date of this SIte Agreement UntIl the first day of the month followrng completion of construction of Lessee's FacilIty, the rent shall be Fifty Dollars ($50.00). Thereafter, the rental rate shall be $1,700.00 for the fust twelve months The monthly rental rate will be increased by 3% each year beginning on each anmversary date, ~' , ,. ..........,+- ~ -' ," IN WITNESS WHEREOF, the parties hereto set their hand and affIx their seals the day and year first above written BY: Itness .{J · . Wi~ eless 0 the South Incorporated ~ ? ~ ~~ STATE OF FLORIDA COUNTY OF PINELLAS The foregomg instrument was acknowledged before me this 24th day of June, 1999 by MIller M Cooper, as President of American Infoage, LLC, a Florida CorporatIOn. He is personally known to me and did not take an oath. ~~ BY Gulf Coast ! CYNTHIA DENISE DOMINO rtlnaty Public. SIIIll 01 Flotilla (~~ ElpIres 11l3lZ000 --Yo. CC !tS7DS IlonOed n.u (Ilffld&l N.l.q ".. nrtn ';8OllI nUI21 STATE OF BPrid.~ COUNTY OF jJ. i ll~ bO('VU5~ The foregomg instrument was acldiowIedged before me this lCo day of ~ht- 1999 by () -"lc.\o\~L{ G. tlArrmA"" as (\...LA t''''~'::i.;Jf:M+ of GTE Wireless of the South Incorporated, a VIrgima CorporatIon. He/She IS t!.6nally known--=::> to me or has produced as identIfication, and did/did not take an oath - -- ( Seal) - I - I 4 KArHY J, HICKOX Notay Pvbl"lC . Stole of Aorfda My Commission Exprres Sep 21. 2IXl2 Commission ,. CCTlBS H ~ - .... ~ . :;,- EXHmIT A Site Address: 505 Virginia Lane, Clearwater, FL 33764 Legal Description: Parent Tract Begin at the Northwest comer of the Southwest quarter of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida, and run thence South 89*22'54" East, along the quarter Section Line, 328.55 feet; thence South 0*00'38" East, 150.00 feet for a Point of Beginning; thence South 0*00'38" East 100.00 feet; thence South 89*22'54" East, 164.44 feet; thence North 0*03'28" West, 100.00 feet; thence North 89*22'54" West, 164.35 feet to the Pomt of Begirming, Less the West 25 feet of said lot which is reserved for use as a Public Highway. Together with an easement for ingress, egress, and utility purposes over and across the South 20.00 feet of the above described parcel. ~/~J/"""""''-'''' l~ ilL 17 Lu rLCCif- J2tA;t.UJf I Hi /U UJ W If.). II LX-<..- ....l/ "'1 C CULQ.. VJt f ~gt1 FJODg.. , ~J La JDhn Hu~~==15 ~~-fi1= I LE THIS L,EAS.E AGREEMENT ("Leas}"), IS mad~ ~ of thiS the descnpllon ronta1Oed 10 tIus Paragraph ~ and ~~ sUrVe;oand/Or~ /6 day of ,/ J J'{ . ,.<: f -<""'_____ ,i'9 /7 ,by and constructIOn dr.iwmgs between AMERICAN lNFOAGE, LLC, ("OWner'), and PRlMECO PERSONAL COMMUNlCA nONS, LIMITED PARTNERSHIP, a Delaware Imuted partnerslup (''PnmeCo'') In CO!1SlderatlOn of the prennses and of the mutual obhgallons and agreements III thIS Lease, the parties agree as follows I OWNER'S PROPERTY. Owner represents and wammts that Owner IS the titleholder of that terlatn real property and the nnprovemenlS thereon commonly knov.n as 505 Vlrgmla Lane, CIty of Clearwater, County of Pmellas, State of F10nda ("Owner's Property'') described on the attached ExhibIt "A K The parties agree that the legal descnptlon of Owner's Property may be attached by PnmeCo as part of ExhibIt "A" after execution of t1us Lease 2 LEASE OF PORTION OF OWNER'S PROPERTY, EASE1\lENTS ACROSS OWNER'S PROPERTY Owner hereby leases and demJses to PnmcCo a pomon of Owner's Property as follows ExlSlmg Sin/ClUTe o o Bmldmg extenor space for attachment of anten'1as Bulldmg exlenor space for equIpment of approxnnately square feet o Buildmg tntenor space for placement of equipment of appro::umatel y square feet 18I Tower antenna space from 115 feet above ground level to 125 feel above ground level tEl Space reqUIred for cable runs to tonnoct equIpment and antennas Raw Land 18I Real property composed of approximately 224 square feet 0 fland In the locations shown on ExhIbit "B", and Owner grants and conveys to PnmeCo nonexclUSive easements across the Owner's Property including, Without hrrutanon, the ImproVem:nts thereon for (I) unrestneted access thereto and parking thereon seven (7) days a week, twenty-fola (24) hollfS 11 day and (n) mstallatlon, location, operation and maintenance of cable runs and utlh\Ies mcludlng, Without hrrutatlon, telephone and eleclnc utilities (the portion of Owner's Property lellSCd to PnmcCo and the access, cable run and utthty easements being collectIVely referred to herem as the "Leased Property") Owner and PnmeCo agree that the Leased Property me I udmg. WI thoul hrrutatl on, the access, cab Ie run and U b hty easements, may be surveyed by a hcensed surveyor and/or sbown on conslruCllon draWings prepared by a licensed engmeer, at PnmeCo's expense Such survey and/or COI1SlnJetlon dnwmgs shall then replace Exhibit "8- and become a part hereof and shall con trol the descnptlon of the leased Property If a dIscrepancy exISts between (FL OllOtll999) " '\ , .,. 3. USE OF THE LEASED PROPERTY PnmeCo and Its SlIblessees mdfor licensees may use the Leased Property for any lawful purpose meludmg, Without Imntatlon, the mstallabon, n:moval, ~ rep;lIT, replacement, mamtcnance and operation of commumcatlClllS facihtles which may Include personal commwucatloas SO"Vlce, cellular, pagmg, T1I.dIO, cable, and other commumcatlons Iilclhtles compnsed of, W1thoullumtallon, antenna arT1I.ys, dIShes., cables, Wires, eq ulpmen t shelter:;, bUll dmgs, electromcs eqUlprrent, generators, fencmg, UtilIty transformers and Imes, cable oms, groundmg systems, accessones and, If the Leased Property cont!lllS unUllproVed real property, communIcatiOns towers, all as may be modLfied, added to or substituted from lime to tmle Further, durmg the FeaSlblhty Penod, as hereinafter defined, and throughout the Lease tmn, as may be extended, PnmeCo and Its sublessees and/or lIcensees shall have the nghl to conduct Feasibility Tests on the Leased Property and Owner's Property 4 FEASlBD..ITY PERIOD From the date that thIS Lease has been executed by both Owner and PnlreCo ("executIOn Date") until the date that IS the earlier of (I) one hundred twenty (120) days after the ExecuDll1i Date or (1\) the date that PnmeCo COmmeJ1ces installation of PrnneCo's cornrmmlcatton facilities on the Leased Property ("COIlllIEnCerT1enI Dann (such penod from the Execuuon Date 10 the CmmEnceroaJI Date bemg referred 10 herein as the "Fea5lDih ty Pawd"), PnmeCo, Its agents and contractors shall ha.. c the: nght 10 enll:r upon the Owner's Property to conduCI tests and studies (collectiYdy, "Fea5J.lri:hty Tests"), at PnmeCo's expense, to detemune the swtablhty of the Leased Property for PnmeCo's communlcallon Caolmes and mtended use The FeasibIlity Tests may mclude, Without hrmtatlon, surveys, solis tests, enVironmental assessments and radiO wave propagation measurements In col\S\deratlon of Owner graIlllIlg Pnm::Co the nght to conduct Fea5lblhty Tests dunng the Feasibility Penod, PnmeCo agrees to pay Owner the SIP1l of Five Hundred Dolbus ($500 00) Wlthm thmy (30) days of lbe ExeculIon Date If Pnm:Co de!emunes, m PnmeCo's sole ;md absolute d\SCl1:tJon, that the Leased Property IS not sllltable for PnmeCo's comrnmtCatlons facihtles or mtended use after conducllng any of such Feas:tblhty Tests, PnmeCo shaH have the nght to ternmJate thiS Lease In accordance With thc: proViSIOns of Parngraph 8 Dunng the F easilnh ty Penod, the proVISIOns of thiS Lease shall be m effect except that the lease term and obhgalIon to pay rent shallllOf bave commenced S. TERM, AND EXTENSIONS A 1m llal T ClTIl. TIllS Lease shall be for an In I h a I term of four (4) years eleven (II) months begmmng on the Commencement IRIe B Extensions PnmcCo shall have the nght to extend the term of thIS Lease on the same t= and condll1ons (other than the ilIlIIUa! rent winch shall escalate m accordance With the proViSIOns ofParogroph 6) for two (2) addItIOnal, SUCCCSSlve five (5) year eXtenslllD penods alle1the 1n111a1lem1 expires. ThlS Lease shall automatically be extended for the next sucCCSSiVe extension penod at the end of the then-current term unless PnmeCo gIVes Owner wntten nobec: of PnrTECo's mtentlou nOlto extend thiS Lease before the end of the then -<:U\TCIlt term C Contln\13tJon After ExtllmtJon of Exten.~fon ~ If thIS Lease IS In effect mUlIedlately pnor to the explrnllon 1 ,,! of the last extension penod proVIded for herem, thIS Lease shall tontInlle m effel;t upon the same tenns and condll.1ons (other than annual rent whlth shall escalate m accordarn:e WIth the proVISIOns of Par.Jgraph 6) for a further pen od of one (I) yeu, and for addItional one (I) year penods thereafter, unlll and unless temunated by el ther party by glV1ng the other party at least n met)' (90) days pnor wntten nollce of Its rntentron 10 so lem1lnate 6 RENT Rent shall be pmd annually In advance beglnnmg on the Comnleucelllcllt Date and on each anmversary thereof to Owner at the address set forth for nollces m Paragraph 23 or 10 such other address as Owner may advJ:se PnrneCo, In wnl.1ng, p=t to lhe nonce prov1SlOl15 of Paragraph 23 at least SIXty (60) days pnor to any rent payment date. IfPnmeCo has not commenced the mslllllatlOn of PnmeCo's tommumcalIons f8CIlllles on the Leased Property as of the Commentement Date, the annual rent shall be EIght Thousand Dollars ($8,000 (0) from the Commenc:ement Date unlll the first day of the month fonoWlng the commencement of mstaIlallon of PnmcCo's commwncalIons fuclhlles on the Leased Property, parI1aI years prmated. The annual rent shall be SIXteen Thousand (516,000.00), parl1al years prornted, (I) as of the Commencement Dall:, If PnrneCo has commenced the mstallatlOn of PnmeCo's rommurtICIlIons faclill.1es on the Leased Property as of the COrT1Jl'lel'lCaIll Dall: or (11) as of the fust day of the month foUowmg the commencement of the lIl5111llalIOn of PnmeCo's tommunlcalIons faclhlles on the Leased Property, If PnmeCo IIl5talls PnmeCo'$ tommUnlcatlons faclhlIes on the Leased Property after the Commencement Date Wlthm thrrty (30) days of the date that PnmeCo commences mstallalIon of PnmeCo's commumcallOns facthlles 011 the Leased Property, PnmeCo shall ,nollfy Owner, In wntmg. of the dall: PnmeCo commenced such mstallatlon and shaI1 pay any maeased pro rata rental armUllt The annual rent for each and every extensIOn penod prlmded In Paragraph 5 8 shall be the annual rent In effect for the final year of the prior ttrm. or extensIOn penod, as apphcable, mcreased by twenty percenl (20%) If. after the expuatlon of all extensIon penods proVIded In Paragraph 5 B , thIS Lease conllnues m effect pursuant to the provJ$lons of Paragraph 5 c.. the annual rent shall be an armunt equal to the annual rent 10 effect ror the ImmedIately pm:edlOg one (I) year penod, mm:ascd by three percent (3%) If thIS Lease IS termmated for any reason olfx:=- than as a result of an event of default by PnmeCo, Owner, Wlthm thnty (30) days of the date of temunatlon, shall r=nburse to Pn~o any prepaId rent for the unused portion of the Lease lem1. 7, APPROVALS, UTILITIES. PnmeCo, at PnmeCo's expense, shan be I'eSpOJtSlble for (I) obtammg all Ittenses, certificates, pemulS and other approvals R:qUln:d by an y federal, state or local govemmentl.1 or quasl.govemmentnl authonty or landowner for PnmeCo's and 'IS sublessees' and/or hcensees' use of the Leased Property and/or operatIon of their respec llve commumcatIons fac1hl.1es !hereon (collectIvely, -Approvals") and (II) mSblllng new ullhlJes or upgrading existing utlhtles on the Leased Property and across the Owner's Property and pa)'lng for all ullhtles consumed by PnmeCo and Its subl= and/or licensees at the Leased Property PnTJECo and lis subtessees and/or licensees shall eHher separately meter or sub-meter all utlhlJes consumed by PnmeCo and Its sublessetS and/or licensees Owner agrees to cooperate WIth PnmeCo and Its sublessees and/or licensees m obtammg and/or maJntammg, at no expense to Owner, such Approvals, utilIty seTV1Cl:S and easements reqwred for PnmcCo's and Its sublessees' and/or hcensees' proposed use of tile Leased Property and/or Optrallon of theIr respecllve communlC8l1ons facllllIes therem, mcludlng, Without ImutalIOl1, the e.'l:ccutlon of all documents ~ ulred for such A pprova Is, Ull II ty 5eI'VItCS and easements (FL Ol/OI/I999) 8. TERMINATION. PnmeCo shall have the nght to temunate thIS Lease at any lIme Without further l1ablllty hereunder If PnmeCo detenrunes, In PnmeCo's sole and absolute discretIOn, that anyone (I) or more of the followmg IS occWTIng or has occurred A. Aoorovals and/or Easemenls Not Obtamable All Approvals and/or easements for PnmeCo's Intended use of, or operation or construcl1on of lis conUI1UmcalIons fae hnes on, the Leased Property cannot be obtamed, or 8 ADmuvals and/or Ea..serrents Cancelled Any Approval and/or easement for I'nmeCo's Intended use of, or operation or eonstruCllon of lis comrl1ll!ncalIons fae h t1l:S on, the Leased Property IS canceled, WlthdmWJl, lemunall:d or denied or expIres or lapses, or C Re-allocalion of FreQuenCIes The FcleraI Comnnmtcabons COrmnlSSlon changes or re-aJIocates the frequenCIes at wllIch I'nmeCo may operate lis cummumcallons f8CIhlles which renders PnmeCo's opemlIon of lis commumcatIons f8C1htles on the Leased Property obsolell:, or D Qoerallons Unorofitable PnmeCo's Oper;lllon of Its commumcallons fllC\lttles on the le:Ised Property become unprofitable to PnmeCo, or E Owncrshm. Authontv Owner does not have legal or slIfficlen I OMlcrshlp of the Leased Property or the lIuthon ty to enter mto t1us Lease, or F Hazardous Matenals The Owner's Propeny contarns a Hazardous Matenal, as defined In Paragraph 14, or G TItle The status of the 1Ille to the Leased Property IS unacceptable, or H. Nondlsturbance Asm:ement PnmeCo IS unable to obtam a nondlSturbance agreemenl pursuant to Paragraph 24 H W1t1un thn1y (30) days of PnmeCo's UllllaI request for any such nondlStll1'bance agreement, or FeasibllllV Based on the resulls of any F e8S1blhty Tests, whether conducted pnor to or aftcr the conuncncement of the term of thIS Lease, the Leased Pmperty IS nOI SUItable for PnmeCo's Intended use or the operation or conslruclion of lis communIcatIOns facdllles, or J Technolomcal Reasons PnmeCo no longer desrres to operall: 11$ commurucatl ons facd 11.1es on the Leased Property for technological reasons Includmg, Without hmllalJon, changes In equtpmrnt and system desIgn or usage patterns or ohsolesl:ente PnmeCo may temunall: thIS Lease by glVlng Owner wntten nollce thereof In accordante WI th the proV15l ons of Paragraph 23 If PnmeCo elects to tenmnate thIS Lease pursuant to thIS Paragraph 8, thIS lease shall termInllte as of the date sel forth m the nOllte of ternunauon sent by PnmeCo to Owner Owner shan reImburse to PnmeCo any prep:ud rent pursuanl to the proVISIOns of Paragraph 6, and ail nghlS and obhgal1ons of Owner and PnmeCo ansmg afta the date oftemunatlon shall temunate 9 ASSIGNMENT, SUBLEASE; LICENSE PnmeCo shall have the nghl to (I) assIgn thiS Lease and/or (II) sublease and/or hoensc: all or any portlon of the Leased Property, Its communlClllions facllllles, and/or III1Y Improvements on the Leased Property 2 ~...~ 10 INDEMNIFlCATION AND IN'SURANCE A Indenul1ficatJon bv PnmeCo Subject to Paragraph 10 E., PnmeCo hereby agrees to mdermnfy and hold Owner and Owner's partners, am Ii ates, agenlS and employees harmless from and agamst any and all !Jab I htles, c1amlS, demands, actions, losses, d amllges, orders, penal ties, costs and/or expenses Includmg, Without hnutatlon, reasonable attorneys fees and costs resu Iltng from (i) personal mJ ury or property damage ansmg out of lhc 3(;15 or OffilSSlons of PmneCo, Its agents and/or employees on !he Leased Property, excepling however, such habd llies, cWrn>, demands, aclions, losses, damages, orders, penaltll:S, costs and/or expenses as may be due to or caused solely by the 3(;ts or OffilSSlOns of Owner, Its employees or agents., and/or (n) PnmeCo's breach of any covenan ts or proV1Sl0ns of thiS Lease to be 0 bSelVed or performed by PnmeCo and failure to cure such breach after the CXpmllioll of all apphcable cure penods 8 lndermnficatlon bv Owner Subject to Paragraph 10 E., Owner hereby agrees to IlIdenuufy and hold PnIII:Co and Pnm:Co's partners, affihates, agents and employees harmless D:olll and agalnst any and aI] habtli ties, claullS, demands, acttons, losses, damllges, orders, penal ties, costs and/or expenses, Includ mg. Without hrru tatlOn, reasonable attorneys fees and costs resu] Itng from (I) perwnal mJury or property damage ansmg oul of the acts or OnuSSlons of Owner, Its agents and/or employees on the Owner's Property, exceplillg, however, such hablhtll:s, c1am1S, demands, ac tlOllS, losses, damages, orde~ pena lues, costs and/or e:q>enses as may be due to or caused solely by the acts or orrusslOns of PnmeCo, lIS ernployees or agents, and/or (11) Owner's breach of any covenants or pt'OVlSlons of thIS Lease to be observed or performed by Owner and fiulure to cure such breach after the exp lr.Inon of aI I applicab]e cure penods C PnmeCo's lnsurance PnmeCo shall carry COll'U'lleTClal genera] iJab I Ii ty llISUrance With llIlnfS of habl hty thereunder of not less than $1 rmlllon combmed SIngle hnnt for boddy IlIJlIf)' and/or property damage together With an endorsement for contracluaJ hablllty Such msurance shall name Owner as an addlttonal msured With respect to the Leased Property, shall be lSSued by an lI1Surance company authonzed to do busllless III the state III which the leased Property IS located and shall proVIde thllty (30) days pnor wntten notice 10 Owner of any cancellation of such pohey On or before the Connnencement Date, PnmcCo shall deliver to Owner a Cerll ficate CVIdenclllg that such insurance IS III effect, and, thereafter, PnmeCo shall dehver 10 Owner a renewal cerllficale CVldencmg that SIlch Insurance IS In effect WltJun ten (10) bUSiness days of Owner's request for such cerll ficate Any Insur:utce requIred to be proVIded by PnmeCo lIlIder thIS Paragraph ! 0 C may be proVIded by a b I an ket llIsul1lllce po hey covenng the Leased Property and other propet111:s of PnmeCo, proVIded such blanket Insurance pohcy comphes WIth a1] of the other requlIements of thiS Lease WIth respect to the type and amount of Insurance reqUired PnmcCo may also fulfillll$ requrrements lIlIder thIS Paragraph 10 C through a program of se]f-lllSurance If PnmeCo elects to sclf- Insure, PnmcCo shall furmsh Owner With a letter stanng that a sclf- inSurance prognun IS In effect that proVIdes for the same, or greater, coverage than required of PnmeCo herein D Owner's In.~urance Owner shall catTY comrnercta! general hablhty or, lIS the case may be, comprehensIVe generni Ii abl h ty msurnnce With Imuts of hablh ty thereunder of not less than $1 mtlhon combllled SIngle hmtt for bodl]Y IlIJury andlor property damage, together WIth an endorsement for conlt1tctual hablhty Such hablhty Insurance shall name PnmeCo as an additional Insured WIth respect to the Owner's Property In addltton, Owner shall carry "all.nsk- hazard Il\:iurance on lh: Improvements leased to PnmeCo (FL OllOlfl!l99) ,~ as part of the Leased Property, With standard coverage III an amount at least equal to the greater of the amount reqUITed by any mortgagee holdmg a hen on such Improvements or the repl3(;em:nt cost of such Improvements All Insunlllce requned to be earned by Owner herellllder shall be ISSUed by an msurance cllmpany authom:ed to do busllless III the state In which the Leased Property IS located and shan proVIde thnty (30) days pnor wntten nonce to PnmeCo of any cancellatIOn of any pohey On or before the Commencement Date, Owner shall dehver to Pnm:Co certt.ficates evJdencmg that such msurance IS In effect, and, thereafter, Owner shall dehver to PnmeCo rellewa] certificates evtdenclllg that such IIISIlr.IlIce IS In effect Wlthlll ten (10) busmess days of PnmeCo's request for such certl ficaleS E. Wmver of Subro2ahon Each hazard Insurance pohcy earned by or on behalf of Owner msunng the Improvements compnsmg a portJon of the Leased Property or located on Ownets Property and each hazard msurance polley earned by or on behalf of PnmeCo IlISIITIng PnmeCo's commumC3nons faclh1:les located 01\ the Leased Property shall proVIded standard extended coverage mcludmg, WIthOut hnntatton, coverage agamst losses by fire Each suc h pohey shall be wntlen to proVIde that the tnSuratlCe company W.IlVes all nghfS of recovery by way of subrogabon that II may have against Owner or PnmeCo m connection WIth any loss IIr damage covered by such pohcy Each party further agrees and hereby releases the other party WIth re:spect to any claim (mcludmg a claim fllr neghgence) whIch such party may have agamst the other party for loss, damage or destruction of, or hablhty for damages to, the property of the other nccumng durmg the term of tlns Lease, as may be extended, and nonml1y covered und~ a frre msur:mce polley With extended coverage Notwtthstandmg anytJung contamed In thIS Lease to the contrary, the pTOVlSlons of thIS PlInIgraplt 10 E. shall control 11 EVENT OF DEFAULT BY PRUMECn A. Event of Defau]t. The occurrence of anyone (1) or more of the follOWlllg events shall consttlute an "Event of Default" hereunder by PnmeCo (i) The fadure by PnmeCo to make any payment of rent or any other payment n:qUJred to be made by PnmeCo hereunder, as and when due, where such failUJe cOllllnues for a penad of thlrty (30) days after wntlen nonce thereof IS given by Owner to PnmeCo (Ii) The failure by PmneCo to observe or perform any of the covenants or proVISIOns of thIS Lease to be observed or performed by PnmeCo, other than as specIfied m Paragraph 11 A (I), where such finlure conttnues for a penad of Ih,rtr (30) days after \WItten nouce !hereof IS given by Owner 10 PnmeCo, proVIded, however, that It shall not be an Event of Default by PnmeCo IfPnmeCo commences to cure such failure WIthIn such thl rtr (30) day pen ad and thereafter dlh gently prosecutes such cure to comp]enon (m) A voluntary or mvoluntary petitton III bankruptcy IS filed by or against PnmeCo, or PnmeCo becomes mso]vent (meanlllg, unable 10 pay lIS debts as they become due), or PnmeCo makes a Ir.Jnsfer or conveyance III constructtve or actual fraud of credllOrs or makes a genera] ammgement or general assignment for the benefit of creditors B RemedIes Uoon Event of Defaull If an Event of Default by PnmcCo occurs, III additIOn to any other remedIes available 10 Owner at law or In eqUIty, Owner shall have the nght to terminate thIS Lease and all nghts of PnrneCtl hereunder 3 by glVlng PnmeCo wnrten notu;e thcn:of HowcvCT, If an Event of Ocfault by PnmeCo occurs, Owner shaD nOI have the nght. pnor to the tcnnmah on of lIus Lease by a court of competent JunsdlCllon, to ~-enter the Leased Property and/or remove persons or property from the Leased Property 12. EVENT OF DEFAULT BY OWNER. A Event of Default The occurrence of anyone (1) Of mon: of the followlDg events shall constJ tote an ~Event of Ocfault" ~under by Owner (i) The fnlUIt: by OwnCT to make any payment reqUIred to be made by Owner hereunder, as and when due, when: such failure continues for a penod of tlllrty (30) days after wntten nOllce thereof IS gIVen by PnmeCo to Owner (II) The fin1ure by OwnCT to eh rmnate or cause the ellITllnallon of any mtetfercnce Wlthm the ten (10) day tlIne palod provuled m Paragraph 19 B (Ill) The fmlure by OwnCT to observe or perfonn any of the covenants or proYISlOllS of tlllS Lease to be observed or performed by Owner, other than as specIfied III Paragnphs 12 A (I) or 12.A (u), where such faIlure conllnues for a penod of thut}' (30) days after wntle:n nobee thereof IS glven to Owner; proVided, however, that It shall nol be an Event of Default by Owner If Owner corrunences to cure such fallure Wlth10 such thirty (30) day penod and thereafter dIhgently prosecutes sllCh cure to completion (IV) If Owner de&ults or an event of default occurs under any nmtgage, deed of trust, any lease under which Owner holds title to iIlI)' portion of Owner's Property, or any other slTTIIlar encumbrance and such default or event of default affects PnmeCo's and/or Its sublessecs' and/or hccnsees' use of the Leased Property or the operntIon of PnITECo's and/or Its sublcssees' and/or hcensees' COmmunICations faclhtles on the Leased Property (V) A volwllary or mvoluntary petitIOn m bankruptcy IS filed by or agalllst OwnCT. or Owner becomes Insolvent (meamng. unable to pay hIS, her or Its debts as they become: due), or Owner makes a lI'llnsfer or conveyance III cOIlStrucbve or actual fraud of cm:htors or makes a general arrangemenl or general assIgnment for the benefit of credl tors B Remedies Uoon Default If an Event of Defaull by Owner occurs, m addllion to any other rerrllxhes available to PnmeCo at law or III equity, PnmcCo shall have (I) the nght to terminate tins lease and all nghts of Owner hereunder by gWlllg Owner wntle:n nolice thereof and/or (II) the nght, but not the obhgallon, to cure such def~ult and offset agluTlSI any renl or any other amounts p~yable by PnmeCo to Owner pur.ruant to thIS Lease, or requtre Owner to reimburse to PnmcCo Wlthm ten (10) days of PnmeQ, gIVlIIg Owner wntten notlce thereof, the costs of cmng sueh default pi us mterest thereon at ten percent (10"/0) per ann urn from the date such costs are meum:d until the date ofTelmbursement or offset. If PnmeCo elects to temunate thIS Lease punruant to thiS Paragraph 12 B , Owner shall rellnburse to Pnmc:Co any prepaid ren I pursuant to the provISIOns of Paragraph 6 13, SALE OR TRANSFER BY OWNER. Should OwnCf, at any time dunng !he term of IhlS Lease, as may be extended, sell, lease, trnnsfer or otherwise convey all or any portion of Owner's Property to any Ir.DISferee other than PnJtt:Co, such sale, lease, tr:lT1S fer or other CORVeyance shall be subject to thiS Lease and a II or PnITECo's rrghts hemmder (Ft 0110111999) , ' " , - -.... r......~ 14.. HAZARDOUS SUBSTANCES. Owner represents and walTllllls that (I) no portion of the Site constitutes protected wetland or any Similar envll1:mmentnlly cRtleal area, (11) no Hazardous Substances are located m, upon or under the Site and (111) no petroleum products are now or (to the besl of Owner's knowledge) have m the past been stored (whether III tanks or OthCTWIse) on or under the Site or on other lands owned by Owner and umnedlately next 10 the Site For purpose of thiS proViSIOn, "Hazardous Substances" mc1udes any substance Identified as hazardous. loxlc, or dangerous In any applicable federal, Slate, or local law or regulalion Owner and PnrneCo each represent and covenan I to the other that nClther will cause con tlrm nahon of the Site by any Hazardous Substances brought In or upon the Site or on adjacent lands Each party to thIS agreement agrees to 10demmfy and hold the other harmless from any cost, hablhty or expense (mcludmg Without Imutal1on, cost of cleanup or fines, reasonable attorney fees, and court or adlTllmstralIve proceedmgs) Illcurred by the other on account of contammatlOn of the SIte by any Hazardous Substance 15. CONDEMNATION A Entire CondelTll1alloll In the event the whole of Owner's Property, mcludmg, Without h!Tlltalion, the Leased Property, shall be taken or condemned, C1ther permanently or for a perrod of more than thirty (30) days. for pubhc purposes, or sold to a condemmng authonty under threat of condemnatlon to prevent talang, thIS Lease shall automallcally terrrnnate as of the day of the talang, condemnallon or sale B Partial Condemnallon In the event any portllm of the Leased Property shall be taken or condemned, ellner permanently or for a penod of more than thirty (30) days, for publIC purposes, or sold to a condemlllng authOrity under threat of condemnalion to prevent talang, Owner agrees that PnmeCo may use and/or construct upon an alternate portion of Owner's Property which IS equally SUitable for PnrreCo's purposes, proVided such alternate portion IS available The location of the altanate porlIon of O\\oner's Property 10 which PnmeCo may relocate shall be detemnned by Owner and may be upon any portIOn of O\\oner's Property (or other property owned or controlled by Owner). proVided that such alternate portion of Owner's Property IS equally SUItable for Pnmc:Co's mtended uses, as deterrnmod m PnmeCo's sole and absolute dlscretlon Owner shall designate llIl alternate porlIon of Owner's Property to wluch Pnmc:Co may ~locate pnor to the takmg, condemnatIOn or sale If an alternate porlIon of Owner's Property IS available and such alternate portion orOwner's Property IS acceptable 10 PnmeCo, 10 PnmeCo's sole and absolute dlscrellon. Owner and PnmeCo shall enter mto an amendment to thiS Lease deslgnatmg such al temate portion of Owner's Property as the Leased Property In the event no alternate portion of the Owner's Propeny IS equally SUitable for PnmeQ,'s mtended uses, lIus Lease shall automancally temunate as of the day of the takmg, ronderrmatlOn or sale C CondelTll1ahon Award Owner shall reo:we the entire condemnatl on award for the land and such other nnprove1TlCl\ts as are owned by Owner, and PomeCo hereby expressly assigns 10 O\\oner MY and all right, ntle and mtcrest of PmneCo now or hereafter ammg m and to any such award PnITECo shall have the rrghl to recover from such au1honty, bul nol from O\\oner, any comper1sallon as may be awarded to Pnmc:Co on account of PnmeCo's leasehold mtereSt. movmg and reloca1lon expenses, mtcrruph.On of busmcss and dcpl'OClatJon to and removal of the personal property and fixtures or PnmeCo 4 ~i~"'" ~ '1 '. ':' , l~ r "j.( o Rebate of Ken t If dus Lease IS !ermlnated plJTSuant to the proV1SlOllS of Paragraphs 15.A. or 15 B , Owner shall reunbwse to Pnm:Co any prepaId rent pursuant to the: proVISIOns of Paragraph 6 and all nghts and obligations of Owner and PnmeCo ansmg after the dale of !ermlnatloll shall telTTlmate 16. FIRE OR OTHER CASUAL IT A Owner's Obllgatton to Repair. Restore and/or Recon.stmcl If any bin ldrng, lower, structure or other Improvement leased 10 PnmeCo .as part of the Leased Property, or any access thereto. 15 damaged or destroyed by a casualty covered by the: msur.mcc tcqlllred to be camed by Owner hereunder, Owner, at Owner's expense, shall promplly commence and diligently prosecute to oomp letlOn appropnate repaIT'S, restoralloll and/Of m::onstrucllon and tIus Lease shall contmue m full force and effect Notwllhstmdmg the pn:cedmg sentence, If any buildmg, tower, structun:: or other rrnprovemeol leased to ~ as part of the Leased Property, or any access thereto, 15 damaged to the extent of more than one half (112) of lIS replacement cost or 10 any subsmnltal extent by a casually IIOt covered by Owner's msurance, Owner, WI thtn ten (I 0) days 3iter the casualty, shall deb VeT wntten noltce to PnmeCo of Owntr's e leetlon (1) not to repatr, restore and/or reconsll'1.lct such lIt1provemenlS Of any access therelO but to deSignate an alternale portion of Owner's Property on whIch PnmeCo may reloc:nc m accordance With Paragraph 16 B or (11) 10 repalf, restore and/or reconstruct SIIch ImpTOvemen ts or any access thereto If, as a result of any such casualty, the Leased Propet1y becomes totally or p:arltally wtusable by PnmeCo, rent shall abate dunng the penod of IqlBlT, restorallon and/or reconstrucllon m the same proportion 10 the total rent as the portion of the Leased Property rendered unusable bears to the entlre Leased Property B Alternate Site Owner agrees thai dunng any penod of repatf, restor.ab.on and/or reconstnIctIon or for the balance of the tenn of thIS Lease, as may be extended, If Owner elccts not 10 repalT, restore and/or reconstruct S\lCh ImpTOvcmcn ts or any access thereto, PrnneCo may use and/or conslnlcl upon an alternate portion of Ownets Property wiuch IS equally SUitable for PnmeCo's purposes, proVIded such alternate portion IS available The exact portion of Owner's Property 10 which PnmeCo may relocate shall be detemuned by Ownc:r and may be upon any porllon of Owner's Property (or other property owned or controlled by Owner), proVided thai S\lCh alternate portJOn of Owncr's Property IS equally SUItable for PnmeCo's mtended uses lIS de!ermlned by PnmeCo m PnmeCo's sole and absolute dlSCTC:lton Owner shall desIgnate a temponIry, alternate: portlon ofOwner's Property to whIch PnmeCo may relocate Wlthm twl:nty-foUJ (24) hours of the casualty and Will deSlgnatc a pcrrn:ll1CI1t portion of Owners Property to whIch PnmeCo may relocatc m any notice to PnmeCo !hat Owner does not llItend to repalf, resile: and/or reconstruct SUch Improve=ts, or any access thereto Ifill al ternate portion of Owner's Property IS avaliahl e and such alternate porbon of Owner's Property IS acceptable to PnmeCo, III PnmeCo's sole and absolute dlSCfCtlon, Owner and PnmeCo shall enleJ mto an amendment to thiS l..casc deslgnaltng SUch altcmatc portion of Owncr's Property as the Leased Property (i) unltl lhe repairs, restoralton and/or TeronstruCllon IS complete or (n) pem1IIlImtly If O\mer does nol mtend to repaIr, ~tore and/or reconslrucl such Improvements or any acoes.s thereto C PnmcCO's RJ2ht to Tcnmnnte PnmeCo may lermmate tIus l..casc by tpvIlIg Owner \WItten nOllce of temunatlon If (I) Owner undertakes the rep3U, restomllon and/or reconstrucllon of such Improvements or of any access therelO but fads 10 complete such repair, I'CSIOlallon, and/or m:onstruclton WIthin forty-five (45) days after lhe ClISualty; (u) Owner nottfies PnmeCo of Owner's mtenlton not to rqlBIT, ~ and/or reconsIlUct S\lCh (FL 0\10111999) t.-~-:~ i , - ~- ., , Illlprovements, (m) Owner falls to dehver to PnmeCo the wnnen nOllce reqlll red under Paragraph 16 A Wlthlll ten (10) days after the casualty, or (IV) PmneCo does not approve any alternate porlton of Owner's Property If Pn meCo e Iccts to lermtnate: thIS l..casc pUrlluanlto lhls Paragraph 16 C ,Owner shall rennbur.ie 10 PnmeCo any prepaId rent PUrlluanl to the proVISiOns of Paragraph 6 and all nghts and obhgaltollS of Owner and PnmeCo anSlog after the date oftemnnatlon shall termmate 17. LIENS A Mechamcs' LIens PnmeCo shall keep the Leased Property free wm any lIens ansllIg out of any work perfonned, matenals fumL'ihed, or obhgallons mcurred by or for PnmeCo PnmeCo shall, Within twenty (20) days of PnmeCo's receipt ofwntten notice of the l1nposllton of any such hen, (I) cause the same to be released of record by payment or (h) deliver to Owner a bond III the amount of one hundred ten pen:ent (110"-') of the amount of the hen. Upon dehVCl}' of the bolld to Owner, PnmeCo may conlCSl lhe vahdlty of the hen Once the hen IS released of record. any bond proVided by PnmeCo to Owner shall be released and returned to PnmeCo No work wruch Owner pcrmlts PnmeCo to perform on the Leased Property shall be deemed to be for the use or benefil of Owner so that no mechamcs or other hen shall be allowed apms! the estate of Owner by reason 0 f Its consent 10 such work Owner shall have the nght to pas! nonces th:J.t It IS not responstb1e for payment for any such work B Landlord's LIen Owner dlsclamlS and watves any now extstmg or hereafter anslllg landlord's hen or other statutory or non-statutory hen or secunty m terest III PnmeCo's and/or IIS sublessces' and/or licensees' comrnumcaltons faclllltcs. eqUipment, Ilnprovem:nls, fixtures and other property 18 TAXFS, MAINTENANCE. A Taxes PnmeCo shall be responstble for paYllIg all personal property taxes assessed dIrectly upon PnmeCo's commumcatlons faClhltes localed on the Leased Property Owner shall be respol1S1b Ie for paymg all persona I property taxes assessed dIrectly upon any ImprovcnenlS owned by Owner and located on the Owner's Property Owner also shall be responsible forpaymg all real property taxes assessed dtrtttly upon the Owner's Property mcludmg. Without hnulallon, the l..eased Property, proVided, however, If any portion of PnmeCo's COmrrnJlllcaltoru; fuClhltes IS assessed as real property lather than as personal property, PnmeCo shall be responsIble for pa)'lng to Owner, Witlun thirty (30) days of PnmeCo's recClpl of wntt.en notice thereof, the: portJon of the real esl:ite taxes attnbutable to PnmeCo's commmllcanons faclillles and Owner shall pay such taxes to the appropnate govem=tal authontles upon m::elpt of such funds from PnrneCo PnmeCo shall pay 10 Owner, all sales taxes leVIed aglllnst me annual rent paId by PnmeCo to Owner, and O\mcr shall pay such sales taxes to, and file all requITed forms With, the appropnate governmental authonnes upon ICCClpt of such sales taxes from PnmcCo Owner shall be responsible fOf pa)'lng all mcome taxes levied agalllst Owner's mcon..: denved from the Leased Property B Mamtenance PnmeCo, at PnmeCo's expense, shall be responsible for mamtammg, repalnllg and replacmg PnmeCo's COmmunlcattOns factbnes located 011 the Leased Property and shall cause lis SIIblcssees anellor licensees to mamtam, repaIr and replace their respecbvc commUlllcullons fact hnes located on the Leased Property Owner, at Owner's expense, shall be responsIble for roam lammg, repamng and repine mg the Owner's Property and the Improvements I~ted then:on except for the commumcatlons facl!lltes of PnmeCo and 11.5 suhlessees and/or 5 hcensecs.. All mamtenance, repairs, and replacemcnts requrn:d PlIrnIaUt to thIS Parogmph 18 8 shall be performed UI a good and workman1ike manner and shall be m ron~bance With all Governmental LaW5, as defined In Paragmph 24 C. 19. QUIET INTERFERENCE. AND ENJOYMENT NON. A Oinet Emovmenl Owner represents, wammts and agrees that PnrneCo. upon paymg the rent and perfomuog the covenants and pmvlSIons m thIS Lease to be observtd or performed by PnmeCo shall peaceably and qUIetly have and ClIJOY the Leased Property B Interference Owner hereby grants to PnmeCo, as a primary mducement to PnrneCo's enlenng mto tIus Lease, the first pnonty nght to InstaJI PnmeCo's and Its sublessees' and/or ba:mees' COmntlDUcatlons facilitIes OIl 0wI1ef's Property From lpne to time, Owner may grant 10 other enlibes the nght to Install :mdfor operate conunumcalions faeihlics OIl portums of 0wI1ef's Property not leased 10 PnmeCo. pn:lVlded, however Owntt shall IlDt allow or pemllt the lJIStallatlon or operation of COlIllllUlllCalions Caelll lIes by other occupants to mtafere WlIh the opemtlOll or use of PnmeCo's or Its sublessees' and/or bcensees' COITll\'lllI1JClbons fael h lIes as they eJllSt at the tlllE of such olber occupant's mstaIlatlOn or as they may be modllial. added to, or substJ.lu1dI at any lIme. or from bme to bme, durmg the term of tins le:1se, as may be extended Further, Owner shall nol cause, pc:nmt or allow any other use of. or eondllIon on, Owner's Property wfuch mterf= WIth or Intpalrs (i) the commumcattons 12cilltlcs or Signal strength of PnmeCo or lIS sublessees and/or hcensees from the LeasaI Property or (II) the use of the Leased Property by PnmeCo and/or Its sub lessees and/or bcensees. If any such mterfereoce occurs. Owner agrees to elllnmate or cause the ellmmabon of such mtafereoce WI th PnmeCo's or Its sublessees' and/or hcensees' operatKms of therr respective comnUlmcattons faahttes or SIgnal strengths Of use of the Leased Property Wlthm ll:D (10) days after Owner's ItCeIJlt ofPnmeCo's wntten notice of such mtaference and, If necessary, to cause the mtetfermg party to cease Its operatwns.. Except m cases of emergency, Owner shall not have access to the Leased Property unless accompamed by PnmeCo pmonncl 20 RIGHTS TO EQUIPMENT; CONDmON ON SURRENDER. A. Personal ProDertv Ute commumcallons faclhtJes, equIpment. rmprovemenls, fixtures and other propoty of Pl1IneCo and Its sub1cssees and/or hcensees on the Leased Property shall be and rernam the personal property of Pn meCo and/or lIS sublessc:c:s and/or hcensees, even though some of It may be permanently afI"JXed to the land, and PnmeCo and Its sublessees and/or hcensees shall be mttlled 10 tOO: or mnove all or any portJon of thetr respectrve COITlTlllllDCatwn facillbes, eqUipment, IInprovemcrtl5, fixtun:s and other pI"OJleI1)' from the Leased Property Wl thout any hmdr.mce by, through lI' under Owner or the holder of any rmrtgage, deed of trust, ground Ieasc OT olhcr encumbrnnce At the terrnmabon or exprratwn of thIS Lease, PnrneCo and Its sublessees and/or hcensees shall have the nghl, but not1be obhgabon, to remove all or any part of Ihctr ~tlve cornmumcatlons factlltles, eqUIpment, mtprovements, flXturts and other property from the Leased Property If PnmeCo Of 1111 suble:ssces and/or licensees elect to removc all or any part of Ihctr respecbvc: commurtlcaltOns factlltJes, eqUIpment, mtpl'Ovemmls, fixtures and other property Pn l'!,1eCo shall repair or cause to be (1'1. OIIOIIl99!IJ ;.....lJ...-:~ ::.~ ~t~~ ~1 ~ ;"_ .1-... repauul any damage caused by such removal, and shall OthCTWIse surrender the Leased Property at the eJlpll-ahon of the term, as may have been extended, or earher lemunalIon thereof, m good condItion, ordmary wear and tear, damage by fin: and other casualty excepted Any of PnmeCo's or Its sublessee:;' and/or hcensees' connnumcaltons faclhlies. equipment, lmprovemcnts. fixtures and other property that has not been rermved from tlte Property WltJun thirty (30) days of the 1Crmtnatlon or expll<lliOn of tins Lease shall be deemed abandoned by Pnmc:Co or Its sublessees and/or hcensees 8 Presentalton of OallTlS Any clamlS relabng to the condltton of the Leased Property must be presented by OWller m wntmg to PnmeCo Wlthm thllty (30) days after the lermtnahon or exprrabon of thiS Lease or Owner shall be deemed to have urevocably walVed any and all such cJauTls 21 BROKERS, Owner and PnmI:Co each represent and wamm.t to the other that he, she or It has not negohated With any broker or agent, real estate or otherwtse, m connecbon WIth thIS Lease. Owner and PnmeCo each agree that, If any claIm 15 made agamst the other for a broker's or agent's Cotl1ll'll5Slon, finder's fee or the like by reason of the acts of such party. the party upon whose acts sucb c1atm IS predicated shall mdemlllfy and hold harmless the other party from and agamst any and all hablhlIC5, c1atms, demands, ac bOns, losses, damages. orders, penalltes, CC6IS and/or expenses, mcludmg. WithOUt hnutatlon, reasonable attomeys fees mcurred In connecl1on thereWith and shall defend such ac bon by legal COUIISC 1 reasonably acceptable to the mdemmfied party 22 ESTOPPEL CERTIFICA TIS. A Owner Owner, at the request of PnmeCo, shall proVIde PnmeCo WIth a certJficate statmg: (I) whether Owner has any claim against PnmeCo and If so. staMg tile nature of such clam1, (n) that Owner recognIZes PmreCo's ownershrp of PnmeCo's commwucattons faClhttes and other property, (in) that PnmeCo has the nght 10 remove PnmeCo's commumcabons f.actl1lies and other property from the Leased Property notwtthslambng that such may be cOTlSIdered a fixture under local law; (vi) that an Event of Default by PnmeCo has not occurred or would not occur WIth the glvmg of nottce and/or the passage ofbme, and (v) thaI Owner has no mltrest In and dISClaims any mtcrestlO PnmeCo's eommumcabons faclhttes and other property 8 PnmeCo PnmeCo, at the request of Owner, shall provtde Owner WIth a certtfi ca Ie staMg (i) that thts Lease IS unmodIfied and In full force and effect (or, If thm: has been any mo<lificatlon, that the same IS In full force and effect as mo<lified and stating the mo<lIficatlon). (II) whether or not, to PnmeCo's knowledge, any sct-offs. or defenses eXist aglllnst the enforcemenl of any of the agreements. terms, covenants or cOlldlltOns hereof to be performed or comphed With by PnmeCo (and If so specd'ymg the same), and (III) the date through wlllch the rerlt has been paid l3 NOTICES, Any nObce, n:quest or demand reqUIred or pemlltted to be gIven pursuant 10 thIS Lease shall be m wnltng and shall be deemed suffiCIently glven If (I) delivered by messenger at the address of the mtended reclpll:nt, (11) sent prepaId by Federal Express (or a comparoble guaranteed overnlghl debvery service). or (Ill) deposited m the Vmled Stales first class mat! (reguaered or certtfi ed, postage prepaid, With return receipt requested) Ally such notice, request, or demand SO glven shall be deerm:I glvm on the day illS delivered by messenger, on the day after the day of depoSIt With Federal Express (or a comparable ovenllght delivery serVIce), or on the day that IS two (2) days after deposIt m the Vm led States Mati. as the case may be 6 - ~~) :,\,.; n . ___"'_~a~~__ PnmeCo PnmeCo per.;onal Comrmrnu:atlons, Lmnted PartnershIp 100 Tampa Oaks B]vd , SUIte 450 Temple Terruce, Ronda 33637 A TIN SIte Development MlIlIlIger Telephone 813-6]5-4f!OO Wllh a CODY to Assoctate General Counse] PnmeCo Personal CommullIcatIons, Lmuted Partnership 100 Tampa Oaks B]vd, Smle 450 Temple Terrace, F10nda 33637 Telephone 813-615-4840 O>.vner Amencan Infoage, LLC . 2727 Ulmertoo Rnad, SUIte 230 Clearwater, PI 33762 Te]ephone- 727-556-0220 Any party may change hIS, her or Its address for nobce purposes by giVIng nobce m accordance WIth tlus Parngraph 23 24. MISCEu.A,,'EOUS PROVISIONS A Title. UndlSC]Osed L]ens Owner represents, warrants and agrees that Owner IS seIZed of good and suffiaent btle to and mterest m the Owner's Property and has fullauthonty to enter mto and execute tins Lease and no undIsclosed hens, Judgments or Irllpedun:nts of btle aJSt on Owner's Property that would affect tlns Lease.. B Enbre lease. Amendments Tlus Lease, mc]udmg the exhibits and attachments whIch are attached hereto and mcorporuted hemn by tl\ls reference, llK:orporntes all agn;ements and understandmgs between Owner and PnmeCo No verbal agreements or understandmgs shall be bmdmg upoll either O>.vner or PnmeCo, and any addlbon, amendnEnt, vanatIon or mod]ficabon to thIS Lease shall be meffecbve unless made m WIlbng and Signed by OwnCT and PnmeCo C Conmhance With Governmental Laws Owner represents, wmanls and agrees that throughout the tenn of thIS Lease, as may be extended, the Ownets Property mcludmg, WI thou t IlIJ1Ilab 00, the Leased Property and all IInproverrents lhercon, other than Improvements owned by PnmeCo or lis sub]essees andlor licensees, shall be m comphance WIth aD laws, codes, and regulatIons of all fedem1, state and local governmental or quast-governmenta] authontIes (collecbve]y, -Governmental Laws") Subject to Owner's comphance WIth the terms of tlus PlII'1lgrnph 24 C , PnmeCo agrees that any Improvements constructed on the Leased Property by PnmeCo andlor lIS sublessc:es and/or licensees and the operabon of the commuOlcabons facl.hbes of PnmeCo andlor Its sub]essees andlor lu::ensees on the Leased Property shall be ]n compliance WIth all Governmental Laws D GovefDlDlz law TIus Lease and the performance hereof shall be governed, mterpretcd, construed and regulated by the laws of the state 10 whIch the Leased Property IS located E ~ Thts Lease, and each and every COYCnllllI and cond ItIon herem, !.S mtmdcd to benefit the Leased (I'L 0110(11999) - \ i: Property and to run WIth the Owner's Property and shall extend 10 and bmd the heu'S, personal representabves, successors and 3SSlgns of the parties F Covenants and CondItIons The parties agree that a] I of the proVlSlOns hereof shall be construed as both covenants and conditions, the same as If the words Importtog such covenants and conditions had been used m each sepan.te Paragraph G Consbuctton The parties acknowledge that each has hail an opponUlI1ty to revtew and negollate thIS Lease and has executed thIS Lease only after such reVIew and negobatIon The language of thIS Lease shall be CODSlrued Slmp]y and accordtog to Its fa Ir meamng, and tlns Lease shal] not be conslrued more stnctl y 10 favor or against el!her party H Nondlsturbance Agreement At Owner's opbon, thIS Lease shall be subordmate to any nmtgage, deed of trust, ground lease or other encumbrance whIch from tIme to time may encumber all or any part of the Owner's PropeIty. proVided that every such mortgagee. beneficl<l.JY, trustee, or other holder havmg nghlS thereunder agrees to recogruze (m wntmg and to a fonn acceptahle to PrtrrECo's counsel) the vahdlty of thiS Lease and PnmeCo's nght to remam m occupancy and have access to the Leased Property as long as PnmeCo IS not m default of thIS Lease, 10 the event of a f~losure or the exerctSC of any other remedIes under any such mortgage, deed of trust, groWld lease or other encumbrance PnmeCo shall execute whatever Instruments may reasonably be requITed to evtdence this subort! matIon If, as of the date of execul10n of tins Lease, any m:mgage, deed of trust, ground lease or other smn]ar encumbrance affects Owner's Property, Owner agrees to use lIS best efforts m lISS1Sttng and eooperal1ng WIth PnmeCo to oblain from the holder of such mortgage, deed of trust, groWld lease. or other encumbrance a wntten agreement that PnmeCo shall oot be dISturbed 10 Its possession, use and enjoyment of the Leased Property as long as an Event of Default by PnmeCo has not occurred hereunder L Severabl lItv If any portIOn of thIS Lease IS declared by an arlnlrntor or arb]lrntors to be 10vahd or unenforceable, such portIon shall be deemed modified to the elttmt necessary 10 such arbitrator's or arbitrators' opmlOl1 to render such ponton enforceable, and, as so mod] fied, such portion and the balance of thIS Lease shall cont1OllC 10 full force and effect J Enfon::ement If either party InstItutes any actI on or proceed1Og 10 arb] trotIon to enforce any proViSIOn hereof, or any actIon for damages for any alleged breach of any proVISIon hereof, the prevll1lmg party 111 such aclion or proceedmg, m addll:iQIl to lIIIy other award gIVen by the arb]lrntor(s), shall be entItled to receIve from the llOII-prevallmg party such armunt as the arbltrotor(S) may adjudge to be reasonable attorneys' fees for the SCTVlces rendered to the prevaJ\mg party, together WIth Its other reasonable httgal10n expenses K. lrnunctlve Reher In adthtlon to the other remedIes provIded for 10 thIS Lease, any party shaI] be enl1tIed to lnnnedmte restromt by lIIjunctlon of any VlOlatton of any of the I;ovenants, condItions or proVIS]ons of thIS Lease L ~ The captIons of the Paragraphs of thIS Lease are for convClnence of reference only and shall not affect the mterprelal100 of thts Lease M L1lZhl1nlZ of Comrnumeabons Facilities If any laws or regulations of the Federal Av1at\on Adnnmstrol1on, Federal Communlcattons COmntlSSlon or any other governmental 7 .. t!~ PnmeCo's or Its sublessa:s' and/or licensees' conunwucabons faClhtles or the lmprl)vtJTIellts upon which such conunwucabons faCllltles are located mcludmg, Without hmltabon. any bUlldmg, tower or other ImprovmJellts compnsmg a poltlon of the Leased Property, Owner agrees thaI PnmeCo, at PnmeCo's expense, may mstall and mamtam such hghtlng or marlcmgs.. PnmeCo, however, shall not be responsible for the InstaUabOll or mamtenance of any hghtmg or marlangs requm:d by the oper.Ibons of Owner or Owner's other tenants and/or licensees N Mermrandum of Lease. Concurrently With tie execUbon of tlllS Lease, Owner shall execu1l: before a notary and deliver to PnmeCo for recordmg a "Memorandum of Lease Agreement," also referenced as "Short Fonn Lease," m the form of the attached Exhibit "C" Such Memorondum shall not disclose any finanCial tem1s, unless requrred to do so by the I aws of the JunslbctlOll m which such Memorandum IS recorded o ~ The obhg:abOllS of each party to mdemrufy, hold harmless, and defend the other party shall SllI'VIve the exprrabon or temunatlOll of tfns Lease p Countcroarts TIus Lease may be executed m as many COWlterparts as may be reqUired by the parlIes It shall not be necessary !hat the Signature on behalf of a\l parlIes hereto appear on cae h counterpan hereof, and I t shall be suffiClenl If the Signature on be half of all paltles herelO appear on one (I) or more COWIlI:rparts. All countefpart:s shall collective I y constJ lUll: a Single agreement Q Number of Antennas If the Leased Property mcludes tower space, Pnm:Co shall have the nght to mstall rune (9) antennas and rune (9) cable hoes rn such tower space.. Throughout the Lease term, as may be extlmded, Owner shall reserve load capacity on the lOwer on which such tower space IS located to accommodate PnmeCo's nme (9) antennas and nrne (9) cable fUllS If PnmeCo, at any b.me or from time to b.me, Installs less than rune (9) antennas and rune (9) cable lmes R. Arb1b"aban. Any controversy or claun ansmg out of or relatmg to tillS Lease, or the breach of this Lease, shall be seuled by arb! b"abon In accordance With the rules and regu lab OIlS of the AmerIcan Arlutrab.on As:soeiabon, and Judgmrnt upon the award rendered by the arbllratOl'(s) may be entered III any court haVlng JunsdlcbOll thereof The decision of the arblb"atOl'(S) shall be final and non-appealable 25 ADDmONAL TERMS. (PL OMl11l999) ", - None IN WI1NESS WHEREOF, the partles have executed thiS Lease pursuant to due IIUthonty By N Title General Partn S Sffu No 59-3543256 Address 2727 tnmcrtQn Road, SUite 230 T,~~7~ Date Witnesses By-f:!J ~ By--j{"", {I,JtU'j-- ~,.Ja OQI'TlI....Jb Name-;;~ ct:llltl~ o See Attachment .S" for conbnuabon of Owner signatures PRIMECO PnmeCo Personal COmmUfllCatJons, Lmllted Partnrntup, II Delaware IIll1lted partnerslnp Date a7'114-S 7. jM~ G craI Ma ger - North F10nda Region Tampa Oaks Blvd, SUite 450 Temple Terrace, FlOl1da 33637 /.;//:)-;"; I ' WilllP<<H' ByD~.......~ .la- By /;',}J!t : >'- :::~ (:""'-" Name~fCl.l rJ~oJ~ame If,;; lv( ,;)): (..,r- 8 '- EXHIBIT "A" DESCRIPTION OF OWNER'S PROPERTY SITE ID: 86760-5 Best Copy Available LEGAL DESCRiPTiON: PARENT TRACT (AS FURNISHeD) BECIN AT THE NORTHWEST CORNER OF THE SOUTHWEST WARrER OF SECTION 1..1 TOWNSHIP 29 SOUTH, RANGE 15 EAST. P1NELLAS COUN~ FLORIDA. AND RUN THENCE SOUTH 89'22'54' EAST; ALONG THE OUARTER SECTiON L1Nr, 328.55 FEEl:. THENCE SOUTH 0.00'38'" EAST. Isaoo FEET FOR'A POINT OF BEGINNING.- THENCE SOUTH lrOO'J8" EAST 10000 FEET; THENCE SOUTH 89'22"54'" EAST. 164.# FEET.. THENCE NORTH o-ar20" WEST. loaOO FEET.. THENCE NORTH ~22'54' WEST. 164.35 FEET TO THE POINT OF BEGINNING. LESS. THE WEST 25 FEET OF SAID LOT WHICH IS RESERVED FOR USE AS A PUBLIC HIGHWAY. LECAL OESCI?JPTiON: SUBJECT PARCEL THE EAST 24.50 FEET OF THE FOLLOWING DESCRiBED PARCEL BEGIN A T THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 1..l TOWNSHIP 29 SOUTH. RANGE 15 EAST. PINELLAS COUNTY, FLORiDA, AND RUN THENCE SOUTH 89'22'54" EAST. ALONG THE QUARTER SECTION LINE. 328.55 FEET; THENCE SOUTH O-OdJ8'" EAST. 150.00 FEET FOR A POINT OF BECINNINC; THENCE SOUTH 0.00'38" EAST 100.00 FEET: THENCE SOUTH 89'22'.54* EAST: 164.+1 FEET.- THENCE NORTH trOJ'28'" WEST. 10000 FEET.. THENCE NORTH 89.22'54" WEST: 164..35 FEET TO THE POINT OF BEGINNING, lESS THE WEST 25 FEET OF SAiD LOT WHICH IS RESERVED FOR USE AS A PUBLIC HIGHWA r: TOGETHER WITH: AN EASEMENT FOR INCRESS. ECRESS AND UTILITY PURPOSES OVER AND ACROSS THE FOLL OWING DESCRIBED PARCEL. THE SOUTH 2aoo FEET OF THE FOLLOWING DESCR/BED PARCEL LESS THE EAST 2-150 FEE T THEREOF. BECIN AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 1~ TOWNSHIP 29 SOUTH. RANCE 15 EAST. PINElLAS COUNTY. FLORIDA. AND NUN THENCE SOUTH 89"22'54'" EAST. AlONC THE OUARTER SECTION LINE. J28.55 FEET: THENCE SOUTH 0.00'38" EAST. 150.00 FEET FOR A POINT OF BEGINNINC; THENCE SOUTH 1700'38" EAST 100.00 FEET; THENCE SOUTH 89#22'54" EAST. 164.44 FEET.' THENCE NORTH O#{)j28" WEST. 100.00 FEET; THENCE NORTH 89#22'54. WEST. 164..35 FEET TO THE POINT OF BECINNINC. LESS THE WEST 25 FEE:r OF SAID LOT WHICH IS RESERVED FOR lISE AS A PUBLIC HIGHWA Y. (PL 01,1(11119991 9 , 5: , 1." EXHIBrr"B" Bes! Copy" DEPlcrION OF PORTION OF OWNER'S PROPERTY LEASED TO PRlMEA Va.. a b I e SITE ID 86760-5 D:lSnNG ASPHAt. T llRl\'[W'A Y PAIIKINC He P JJIl(INC Fll.L 111li l(' WIN. llEP1li rF 0lUSI-EIl WASIiED ROClC (MR Fl.1Uf r A8RIC 160 n lJIGWll([J) COWWUNICA 1llJtS ~ - I.NI'UflED IoIET At WONll"OI..( N-ff' PAAIONC I I I I I I I r _J .... -r j ........ ..", .' t . - ~ " ONE SltlR'l' . MASONRY orner r.F..E. = 6310' ;., ---., r ~<f PAIlICN; He PAAIONG P.o.RKIHG JPIU(. T llllto'EWA. Y 4'.f . o , b '" S' 12'-O~ N89"22'54" W. .,.0 t I I I J ICT(N TICIf NIE.A / ----+------- ". ,l' -20' INGRESS I [~[SS &: UTlUTY EASEMENTS C SCALE o ; - i S89'22'45" E. 13944' (FLOllOlllm) 10 12'-0"' . o I .. "0 I ... h , '2 ~ , .... <> , .... . 0- I~ be: "'-- 0:: it e ... o 8 .. . o , b ... 1:0 , '" .... .- b o z "EXHIBIT C" THIS INSTRUMENT PREPARED BY NAME GEORGE HOWELL, ill, ESQ ADDRESS c/o PnmeCo Personal Comrnumcattons 100 Tampa Oaks Blvd, SUite 450 Temple Terraee, Flonda 33637 SHORT FORM LEASE (Site Lease ID #-86760-5) TIllS SHORT FORM LEASE eVidences that a lease was made and entered mto by wntten Lease Agreement dated , 19-, by and between AMERICAN rnFOAGE, LLC _ ("OWNER") whose address IS 2727 Ubnerton Road, SUite 230, Clearwater, Fl 33762, and PRIMECO PERSONAL COMMUNICATIONS, LIMITED PAR1NERSHIP, a Delaware hrmted partnershIp ("PRIMECO") whose address IS 100 Tampa Oaks Blvd, Sle 450, Temple Terrace, FL 33637 the terms and condtttons of which are mcorporated herem by reference OWNER hereby leases to PRIMECO a certam site located at 505 VrrglDJa Lane, City of Clearwater, County of Pmellas, State of Flonda, Wlthm the property of OWNER whIch IS descnbed m "Exhtblt A" attached hereto, With grant of easement fOf unrestncted nghts of access thereto and to electnc and telephone faclhttes, all as more specIfically descnbed m the Lease Agreement, the terms of which are mcorporated herem by reference, for a term of Four (4) years and Eleven (II) months cormnencmg on the date that 15 the earher of (I) one hundred twenty (120) days after the Executton Date or (n) the date that PRlMECO commences lIlStallatton of Its commumcanons facIhttes on such SIte, whIch term IS subject to Two (2) addtnonal five (5) year extensIOn penods by PRlMECO IN WITNESS WHEREOF, OWNER and PRlMECO have duly executed thiS Short Fonn Lease as of the dates wntten below OWNER Amencan Infoage, LLC By KCD ASSOCIates, a Georgia Inruted partnership PRlMECO: PnmeCo Personal Communications, Lmuted Partnersbtp, a Delaware hIl1lted partnership Miller Cooper General Partner 2727 U1merton Road, SUite 230 Clearwater, Fl 33162 By Name Thomas J Marler Title General Manager. North Flomh RegiOO Address. 100 Tampa Oaks Blvd, Ste 450 Temple Terrance, FL 33637 By Name Title Address (2) Date W Imesses (I) Date Witnesses (I) (2) (Pnn! name Signed above) (Pnnt narne Signed above) (pnnt narne Signed above) (Pnnt name Signed above) OWNER NOTARY ACKNOWLEDGMENT STATE OF COUNTY OF The foregOing ln5trument was acknowledged before me !hIS by , as o known to me or has produced ,19__0by .0 , a corporation, or , a partnerslnp He/She IS pefS(lJlal1y day of of as partner (or agent) on behalf of as Iden llficatlOn (pnnted, Typed Of Stamped Name of Notary) STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregOing rn5trument was acknowledged before me thiS day of of PnmeCo Personal CommumeallOns, Limited PartnershIp, partnershIp, on behalf of the partnership He IS personally known to me or has produced IdentlfieallOll (OffiCial Notary SlgnalUfe) Notary Pubhe - Slate of Ronda ,19_, by a Delaware hmlted as ,as (PnntedfTypedlStamped Nolary Name) (OffieHll NOlary SlgnalUre) Notary Pubhe - Slale of Ronda (FL OllOI/199Il) 11 ~ vr1"c 1999 F <<Gog U - ~t'?'Y\[f2)'W7 -, S u..bm.if;ttJ hct ~ J ~ yL fuUn.'ld.) Ofpl ( c evn -.J I ~ ~ ~/J0( 1Jw~.J;); If SIte No Fl c1 t.../q 0 .r&.l./1.t... SITE AGREEMENT Frer' .~ I,., -1 P &~-; ~ ~k~ THIS SITE AGREEMENT ("Agreement") is entered into this lIP#- day of ~. , 1999 ("Agreement Date") between American Infoage, LLC (Lessor) ~ office located at 2727 Ulmerton Road, Suite 230, Clearwater, Flonda 33762, its heirs, successors and assigns, herein referred to as Lessor and GTE Wireless of the South Incorporated, herein referred to as Lessee, organized and existing under the laws of the State of Airginia, and duly authorized to transact busmess at 05303 <!.IJmrnt~6l. r-le.. . Lessor and Lessee may each be herein individually_identified as "Party", and collectively as the "Parties", WITNESSETH Lessor and Lessee have previously entered into a MASTER COMMUNICATION TOWER LEASE AGREEMENT and this SIte Agreement is made an integral part thereat: If there IS a confhct in the tenns and conditIons between the MASTER COMMUNICATION LEASE AGREEMENT and the Site Agreement, the She Agreement shall govern. Lessee is hereby authorized to install its FacIlIties on the Demised PreffilSes, located at 505 Virginia Lane, Clearwater, FL 33764 in Pinellas CetIDty Lessee's Facility is shown in the attached Exhibit B. LEASE TERM: The irutial term of tIns Agreement shall be for five (5) years, effective on the date of completion of the Lessor's Demised Premises as shown ill the attached drawing(s) and titled Exhibit A. Completion shall be defmed as that date the certificate of occupancy is issued by the governing body having jwisdiction and approval is received by FAA Lessee is hereby granted the right and option to renew this Site Agreement for four (4) additional five (5) year extension period(s) after the initial term expires, subject to this Agreement being in full force and effect at the time of renewal and lessee Jlot being in default of any of its terms. RENTAL: The monthly rental shall be paid in advance beginning on the Commencement date of this Site Agreement. Until the first day of the month following completion of construction of Lessee's Facility; the rent shall be Fifty Dollars ($50.00), Thereafter, the rental rate shall be $1,700.00 for the first twelve months. The monthly rental rate will be increased by 3% each year begmning on each anniversary date, I ~1~ t "..1 J "'" - . , , > ., 1> ' '"t..fw~1 < ~ :;...~1.r ~~.........~)-_~~..... ,;- ~ ..:. rT'-p~": -; \. -%-1<- ~ ."..,-: :J" ~ r ..;, ':x+ -1.0/ ~t !- _ \'!~'!:'-__ -. " IN WITNESS WHEREOF, the parties hereto set their hand and affix their seals the day and year first above written. BY: 11~'f11d& ~~ Kness (f ~,~ Witness BY: eless 0 the South Incorporated ~ . . Wiess ?~ ~~ STATE OF FLORIDA COUNTY OF PINELLAS The foregoing mstrument was acknowledged before me this 24th day of June, 1999 by Miller M. Cooper, as President of American Infoage, LLC, a Florida Corporation He is personally known to me and did not take an oath. ~~ Public Signature - State ofFJorida ! CYNTHiA DENISE MINO ~~ ~ 6111e oj F10nda fxph, 11n'2000 0. cc 52ms Bonded nw MIr1aI NsafD-r JiI. rt.b1 1 800 123-0 Itl STATE OF Bgr id. 1\ COUNTY OF --k\. i II:). bol""P U 5 h The foregoing instrument was acki'iowledged before me this 1l.o day of "J4~ J 999 by () ---1\1d\nL.l G. tJArrmAu as l\"LA t',.~::.;J~""f of GTE Wifeless of the South Incorporated, a Virginia Corporation. He/She is 12.c:tSOnaHy known~ to me or has produced as Identification, and did/did not take an oath. (Seal) - - - - I l l l WHY J. HICKOX Notoy Publlc. Stole of Aa1do My Commission Elq::lhls Sep V. 2002 CcmmIs:sJcrl , ccnas 11 - - - , -~ ~- -t; , - , , , , < ..~ f - ') ""T- , t i\ '4-" - - ~-- - - - - - EXHmIT A Site Address: 505 Virginia Lane, Clearwater, FL 33764 Legal Description: Parent Tract Begin at the Northwest corner of the Southwest quarter of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida, and run thence South 89*22'54" East, along the quarter Section Line, 328.55 feet; thence South 0*00' 3 8" East, 150.00 feet for a Point of Beginning; thence South 0*00'38" East 100.00 feet; thence South 89*22'54" East, 164.44 feet; thence North 0*03'28" West, 100.00 feet; thence North 89*22'54" West, 164.35 feet to the Point of Beginning, Less the West 25 feet of said lot which is reserved for use as a Public Highway. Together with an easement for ingress, egress, and utility purposes over and across the South 20.00 feet of the above described parcel. I L I 'r __ ! ':.. [I -, r - nil . I H ! I o o '" ....... I ~ ...... I II: ~ g . I ..... w I z j :!; . ,~- z 6 I II: 5 , .. Site Plan ~- _ -~.---!.""- - r-"" -....- ~1It..-t"I -.... ...... .. -.. ...... ~ Ingress I Egress and Util.Jty Access Easement -c......... ...-... ) , , , , , . , _ J , , -.-. -- ".... ....... { , -- - ~ ... ~ 1 ~ l "'97n..' .. / II I, , senT.,. (. ."... - - )- - ----; -- .. ...... [NVlROM[NTAL &: AIR CONO. BUS -- c' l: RAPHIC $C AU: ~ r t '\'It. " _ ~ .... J -:' ~IIIIOII.. , ' ~ , <( W lr ~I ~: LV ~a ~ ~ I , <( ~ ~ N1JC of FL., LLC 727-556-0417 brC\++- P.2 Sile No SITE AGREEMENT THIS SITE AGREEMENT ("Agreement") is entered into this day of , 1999 ( "Agreement Date") between American Infoage, LLC (Lessor) with its principal office located C\t 2727 UImertOD Road, SUite 230, Clearwater, Florida 33762, its heirs, successors and assigns, herem referred to .as Lessor af'd 6--Te w::rekr.s c7f' rk ~....,t,< ht't1'ft~,-+k c/ . herein referred to as Lessee, organized. and existing under the laws of the State of //:''''0'/;,;"..,. . and duly authorized to transact bu/mess at Lessor and Lessee may each be herem indIVIdually identIfied as "Party", and collectively as the "PartIes" WITNESSETH Lessor and Lessee have preVIously entered mto a MASreR COMMUNICATION TOWER LEASE AGREEMENT and this Site Agreement is made an integral part thereof. If there is a conflict in the terms and conditions between the MAS1El<. COM.'vfiJl\.ICATION ~EASE AGREEMENT and the Site Agreement, the 81":e Agreement shall gove"ll. Lessee IS hel~by aUlhonze~ to inst.lll Its foacl~~t;P.S on the Demised Prem~ es, located at County Lessee's Facility are shown in the attached Exhibit B lD LEASE TERM: 1 he lDltial term of thIs Agreement shall be for five (5) years, effective on the date of completion of the Lessor's Demised Premises as shown In the attached drawing(s) and titled Exhtblt A Completion shall be defined as that date the certHicate of occupancy IS ISSUed by the goverwng body havmg jW1Sdlction and approval IS received by FAA. 1 ,~ssee is hereby granted the nght and option to renew this Site Agreemenf ;or fo u r (4; ad di tion a I five (5) yea r extensio n pc nod (s) after the lDlhaJ term exr (S, subject ~ this Agreement being in full force and effect at the time of renewal and le~~.ee not bemg in default of any of Its terms ./ J.. 'I ,..c-.otc:..),,L; t6m/leh;>-'? D "~lee RENTAL: monthly rental I be paJd in advance beginning on the Commenceme t.e-of this ~ite 4 ment. Until the first day of the month followmg '" I .. ~.. t,. . t of construction " the rent.shall be Fift:i Dollars ($50.00) Theredftec, the rental rate shall be for the first twelve months. The monthly rental rate wIll be increased by S% each year begmnmg on each anniversary d~~ ]% -- , -t-f;j -:; t ~ ~...~-t~ .... ,r;''f"'$~I t> :$t"" ~ "' l' ~ ~\~P-b!P- "I11.y- , "4, < v~ }."'... t..! I '- , - , . .> l\.}~ "' "r~ ~- ~i' -:.; '" J', , r, - - -~~-~ -- NDC of' FL., LLC 727-556-0417 P.3 .... II . " ~ , IN WITNESS WHEREOF, the partJ.es hereto set their hand and affIX their seals the day and year first above written; LESSOR: American Infoage. LLC BY: MIller M Cooper Chief Financial Officer WItness (Sign Name) Witness (prmt Name) WItness (Sign Name) Witne.r;s (print Name) LESSEE' BY: WitneS5 (SIgn Name) WitneS5 (Print Name) Witness (Sign Name) Witness (print Name) p 1-9;0; ~r ,.4 "'/f.- /' I C ~ '7 T;, r; ~ I c:: ~ I-/f? -(Or C::-Te- W',.n? kf; ...... ~ > ~....... "- - ~ r ..... ~ "i!,\.i1 0(, , V"t ~ ;-- ~ ~ -...........,...~ - -- ~ ~' , ,. '" NDC of' FL., LLC 727-556-0417 1'0.4 '. MASTER COMMUNICATION TOWER LEASE AGREEMENT II.-It" i" TIDS Lease Agreement ("Lease") is entered IOta this _day of , 199 _,(th "Lease Date"), between American Infoage, LLC. with its principal office located at 2727 U1merton R > Suite 230, Clearwater, Florida 33762, its heirs, su~rs and assigns, herein referred to as "Le sor'\ and ? Te k/.:.... k." 61'- "'" ~.~Ii r-:"6$"~ and existing under the laws of the Slate of . and duly authorized to transact husmess in the State of Florida and maintaining its principal office for the conduct of bus mess 10 the State ofF1onda l herem referred to as "Lessee". Lessor and Lessee may each be herem indIVIdually identIfied as a "Party' and collectIvely identified as the "Partieslt. WITNESSETH WHEREAS, Lessor is the owner of certain premises, will be Jeasmg or purchasing othr sites and constructmg towers for co-location purposes. WHEREAS, Lessee is involved in teleconunurucallons semces and other related activities, regulated by the Federal COmmunications CommisSIon ("FCC") and desrres to lease from Lessor a portIon of the PreI11lSes as more particularly descnbed in each SITE AGREEMENT as Exlublt A (hereinafter referred to as the "Demised Premises") for the pwpose ofmstallmg and constructing transnnssion and r<xeiving and related facilitIes as more particularly descnbed in Exhibit "Bit to each SITE AGREE1vffiNT (hereinafter referred to as "Lessee's Fa.:ility"), am1 WHEREAS, Lessor IS v.1llmg, dmi.ttg the term of this Lcase, to pcnnit Lessee to utilize t~e Demised Prerruses for those purposes~) herem. -(\Vlded. NOW, TIIEREFORE, in considelatlon of the premises and the mutual proD1lses end benefits contained hereir.., the Parties "I.gree as folloy'.,. 1 PRE~SES AND TITLE, (A) Lessor hereby agrees to lease the Derrused Prerruses to Lessee, for Lessee's operation of tacthues providmg wu-eless communication SCMces, together with such reasonable nghts of way and easements, on, over, under, across and through the adjoining lands of Lessor, extendmg from the Demised Prenuses to the nearest convenient publIc road and of a width sufficient to accommodate the vehicles necessary for the construction, operation and mamtenance of Lessee's Facility, mcludmg the nght to park vehicles on or about the Denused Prenuses, It is understood and agreed that Lessee shall have the nght to install WIthin said nghts of way and easem.:.ats and the Dcnused Premises such poles, wires, conduits, and related appurtenances as shall be necessary for the proper conduct of Lessee's business and fl'r bnnging all utilities to the Demised Premises, subject to Lessor's wntten approval, which said approval shall not be Wlteasonablywithbeld or delayed. t....t'.ut:~ m.,.,. ~/e;&-f, #oA; ~s VAJ~/"A.4() c> 1/'r"'!76"), ,40 f.""'c J."~~D'" '4' ()~,".~"d r;e.~'.s~r. (B) Lessor covenants and warrants that it will hold good and marketable fee simple title (or a valid groWld lease of adequate term) to the land of which the Demised PremISeS are a part, that it has full power and authority to enter into this Agreement, and so long as this Agreement is in effect and Lessee is not in dcfault regarding the Lease, Lessee sha.I1, at all times during the continuance hereof: have quiet, continuous, peaceable and undisturbed possession and enjoyment of the Demised Premises, free from the - <- ,.. . I ~ ,J _ :t.... .... ~ ~~'" ..:"' =: _ -l' ~ r ..... .,. /";;fJ.~~ .; "\\.. ,-a ( .'1'"' "'" (: I ~ ...~: _ "f"'"'-t,.~~ .... ...:....: --- -...._~~- I ......., L II..- L. _ 727-556-0417 P.5 claims of all persons through or under whom Lessor claims, subject to the tenns and conditions of this Agreement 2 TERMS OF AGREEMENT: (A) This Agreement shall become effective upon execution by the Parties and delivery of the fully executed copy to Lessee. (B) The initial term of each SITE AGREEMENT Lease shall be for five (5) years, effective on the date as set forth In the SITE AGREEMENT. Lessee will be granted the right and apnan to renew the SITE AGREE.MENT for addItional five (5) year extension period after the initial term expires, subject to this Agreement being in full force and effect at the time of renewal and Lessee not being in default of any of its tenDS. This Lease shall automatically be extended for the next extensIOn period at the end of the then-current tenn unless (i) LESSEE gives Lessor written notice (90) ninety days prior to the expiration date of its intenl10n to terminate at the exprratlon of the then-current tenn or (ii) Lessor gives Lessee wntten Dobee of one or more defaults. 3. RENTAL ;/ I." .t:~ . t( /....- .L(}.... --.5 ,r;?c~4s;$kAr ..-'I/'-;' /V 0 r"G" -" ,/'". <: ~" /.. T7 -, ~tu'/7l JI}.C 47"~~1Pf~" r (A) RaGt shall be paid annual:ly in :JdVflnrp hPginn;\lg ga the CCm:mcnccu.ent Datc of caeB. SITE AGREEMENT. Datil the first day of the month following C(,nlmeficemmt of iast:allatitlB of LC:t3C6 iqUlfJme-'qt, hilt not later th:m nme~r days after full a'l3ilabilit)' Bf the tower B:3 c'ilid:cflt:ca try.. the. Cc~~~:~ of Oceup~cy from. COWIty and rAA 4l!}JIU('gl, tile. rent 3ball Lr;;; Fll~~Y Dalla./. ~ ($5 e), th, ll;l,;l;'1-'l 0 f wti:ieh 1 '3501 ac.Lw\ ..l...Jgl;::', <1.UJ I ttareafter the monthly rent shall be m accordance with each SITE A~E.MENT. - ~~V (B) All rent due fO I ~sgnr un er thIs Agrrement are due in accordance with elch SITE AGREEMENT. Unless a bill IS dIsputed ill good faich, if for any reason Tenant is delinquent in the payment of any rent under this Agreement for more than thirty (30) days, Tenant shall pay wterest on such unpaid amount from the date such mVOIce is due unbl he the lesser of 18% per annum or the maximum penrutted by law 4 IMPROVE:MENTS: LIABILITY: UTILITIES: ACCESS. (A) Lessee has the nght to erect, mamtalO and operate on the Demised Premises radIO conunurucatlons facilities, as descnbed on Exhibll " B " attacbed to each SITE AGREEi\1ENT ("Lessee's Facility") In connectIon thereWIth, Le~see has the nght to do all work necessary to prepare, maIntam and alter the Denused Premises for Lessee's business operal1ons as shown ExhIbit "A" to each SITE AGREE.MENT, All of Lessee's construcl1on and instaUation work ("Lessee's Work") shall be performed at Lessee's sole cost aud eXL)ense and in a good and workma.n1ike manner m accordance WIth Lessee's specrncatIons and subJcct to Paragraph 4 (D) below. TItle to the l.essee Facilities shall be In Lessee Lessee has the nght to rewove all Lessee Fac1.lrtlcs at its sole expense before the expiration or eacher termination of rhe Tcnn, proV1ded Lessee repaJfS any damage to the PremISeS caused by sU<.:h removal. Upon expiration or earlIer ternunation of Term, Lessee shall remove all Lessee Facilities at its sole expense and shall repair all damage to the Ptemises caused by such removal, all witlun sixty (60) days after such expiration or temUnauon. "~ . ~ ~ -' \ "7 - ..-~- - '~+ 2 .-" , ~-- NUC of FL., LLC 727-556-0417 p.S LJt!Rl '$rJ /r~m'$ ~ S (B) Subject to provisions of Paragraph 4 (D), Lessee has the to improve the present utilities on the Prennses and to mstall new utilities. Subject to the provislO of Paragraph 4 (D), Lessee also has the nght to bring utilities across the Land in order to service the emises, and to bring utilities between the Shelter or the shelter constructed by the Lessee upon the , as the case may be. Lessor agrees, at the Lessee's request, execute necessary docuuments evidencing such utility easement rights. (C) Lessor shall provide to Lessee, Lessee's employees. agents and subcontractors access over the Land to the Pre~~ 24 hours a day, 7 days a week at no charge to Lessee, (D) Lessee shall proceed with Lessee's Work in accordance with the following schedule' l. Lessee shall submit to Lessor two (2) copies of workIng drawmgs ("Working Drawings") prepared by Lesse~, 2. Lessor shall, WIthin ten (10) days of receipt, either approve such Worlong Drawings or deSignate by notlce to Lessee the specific changes required to be made to the Workmg Drawmgs or request addltlona.l mfonnation, wluch Lessee shall make or provide, and Lessee shall resub:rut two (2) copies of the rlodme(.-l \\"lrking l'lrawmgs te. Lessor within ten (10) days. If Lessor:fails WIthin such IO-day period either to approve the Working Drawings or to advise Lessee of the specific modifications to be made thereto in order to gain Lessor's appmval, the Working Drawings shall be deemed approved by Lessor on the expIration of such 1 ('-day penocf, 3. Lessee shall not commen~e my of Lessl.."e's Work until the Working Drawings have been submitted to ard appro'/ed ~:' Lessor. 4, Lessee snail be responsible for all expenses attnbutable to my permit and lIcense applications for COI1Structm' Le,,;ee's F~:1.1ib.es. ur>sor ngrees to execute such l.onsents and to cooperate WIth Lessee at Lessee's expense In obtaiumg all hce~s and pefDlIts. In the eve;nt that any govem..1.:ntal body requires unprovement of the Premises as the result of Lessee's use thereof: Lessee shall be responsible for all expenses attributable thereto including but not !united to; peront, lIcense or zonmg fees, land surveys, sIte plan preparation, landscaping, etc. 5, Lessee shall make no improvements to or upon the Premises except those proV1ded In the precedmg paragraphs and as specmcally approved In wntmg by Lessor. 6 Lessor shall maintain the Premises and Lessee shall mamtam the Dennsed p[l~nuses and Lessee's Facility m good order, safe condition and thorough repair Lessor shall further mamtain all marking and hghting tower in continuous full compliance with all apphcable federal, state and local laws, rules, reguJarions and ordinances. ~ / J ~.1..... f h 0 ~T 4'w//~ ;""L~S; I I ~!~.r ,.~<4r r"r t.6~1'1) .L '" t::"trrnvo, 7. ..... <IS, I' tl9c.t1;ro_' 'd ..,,,./ "$ ~e"_,"lfcrl h r" e :A """~.f V.lI!1.r r?74r Ie ,..et-v::;':"",.J'~4' "R'/"le'/,JI'dt'J' i;r o"..l(',-a rt '::::."'''''/'l /If!::y/.; 64J ,,'" r"'e _ ..,L L~S~('V',J c...x~e"'j,p "QJ' /~".-I,.,,,s- h o e- r t95' jt9..//,)c"" -,;;J L'! / ~ rA€'/,r 5. COMPLIANCE WITH CODE' '-~ r s c (' )". Lessee agrees that Lessee's Facility shall at all times be constructed, ,operated and maintained in accordance with the reqUIrements and specIficatIons of the National ElectrIcal Safety Code (NESC), the OccupatiooaJ Safety and Heal &: Act of 1971 (OSHA), as revised, and in ~mpliance with any lawful . .. ;r~ 3 I 1..-.. t '- L..-.... Ie. 1-::J::Jb-U41 / p.7 " ,I f I rules or orders now in etrect or hereafter issued by the FCC or any other federal., staie or local government authority havmgjunsdlction and with the "Lessee's Facility Installation Standards" attached hereto and by reference mcorporated herem, as may be amended from tlme to time " J ' I' . , 6 INSPECTIONS; Lessor may at any time and from tune to tIme, inspect Lessee's FacilitY and may fiuther make penodic inspectIons of Lessee's Facility as conditions may warrant. However, Lessor shall not be under any duty to make such inspection. Such inspections, if made, shall not operate to reheve Lessee of nny responsibility, oblIgation or habwty. J ;'(1 r.(e. e.xfetVf to~>f./lJflfk~ c;AUSrP! '/' 7. DAMAGE AND REPORTS: r<e ;?~//~.,~.,~~ D ~ "-e~r'c. Lessee shall exerCiSe all reaso le precauuons to avoid damage to the Prcnuses and to other Lessee's Facilities as may be place on the Prenuses, and hereby assumes all liability for any and all loss on account of any such damag Lessee shall make an immediate report to Lessor's local office of the occurrence of such damage to the Prell11Ses and hereby agrees to reimburse Lessor for l'\ll expenses mcurred in makIng reparrs to the Prenuses,so damaged by Lessee , 7 \ lfo fk e.x ~"';. Ie.I- 00.01- ,"1 ~.; /",rlf"Jr"'Jd 8. INDE~FICATION INSURANCE AND TAXES: L J A . kA c""vSc~ -r 6 ;J. Co L. >i rr -t r ........a "', "'..... ')' ~ 6T A~r_r..~S ,-tC?/"~-t<:"-C. (A) Lesse.e agree~ to .\SS\L.:.e all rrks (. noss,' e, or injury. ~f any kmd which mar result from Lessee's use of the DeIlll~d P;cmIse: and ~ ndeIIlIlifY, defend, save, and hold harmless Lessor, Its officers, agents and empl 'yees ,If alld fron' all l.IallIlS, debts, demands, law suits, injuries, damages. penalties, JwJgJ.Dents, ,\w'-'ds, loS:.t<;" habilitI,~" int(1'eSts, attorney's fees (mcluding attoDlf'Y's fees on appeal), costs, and experu.~s of whatever kind or nature ansmg or growing out of Lessec.:'~ use of the DemisedPremrses L~$Sor 541ft/I h"le/rA!"""tf'y J.~ss~c. f'o,- $0 ""...'of Dr' ~7 c;/~"r't'\ 1"e.f?P,'!J.1 I",' 1",.....(&<,,1- /',....~"......kJ>' c4tA.I~,( "y role. At:'?h;t:'rl~c. (I ~ "~$$O'" A ....;""t. ~.. /- o.f .i..II_1" IS vSe J ..",L,a"l 01" ".n ...c:.h.."'l ,.. 1".(c: P~tJf4r.J /rc..,St'I". (B) Dunng the term of this Agreement and for a period of two years subsequent to its termination, Lessee shall mamtam the folloWIng minimllIIllevels of insurance on fonns and with msurers acceptable to Lessor. (I) Workers CompensatIon Insurance - Statutory lImits Employer's Liability Insurance - $1,000,000 each occurrence and SI,OOO,OOO each employee as respects dISease ClalOlS (2) Employer's Liability Insurance - $1,000,000 each occurrence and $1,000,000 each employee as respects dlsC4Se c1auns (3) Commerct.al General Ltabihty Insurance, mcluding blanket contractual lIability ~ $1,000,000 combmed smgle lmut per occurrence, (4)Automobile Liability Insurance - $1,000,000 combined single hnut per accident Pnor to commencmg any construction Lessce: shall furnish Lessor certificlltes oflnsurance eVldencmg the required msurance coverage wluch shall mclude a prOVISIon that such msurance shall not be canceled without thirty (3D) days wntten notice to Lessor. All pohcles, except the workers compensahon policy, shall name American I nfo age, LLC as an additional msur~All policies shall include a WaIver of subrogation in lavor of Lessor, "et oS I, (1"$ () "..1 /1) krl:J r ./ ~', """"""'y R~t9... IArld_ ""'i'l '-t:'4Je.... r~r f. ~r:",.,...::~ 'S ./"J~""".h 4 ..S;J'ec 'A!"~ I 0" /,-,!"h ,,/IS. .,-- '!wi' r-L......., LLl. 727-556-0417 p.8 . I (C) During the term or any renewal hereof Lessee shall IX responsible for all saJes ta>i~s relating to" , tlus Agreement. In the event that the presence of Lessee Facility causes an Increase In Lessor's real estate taxes. Lessee will pay any portIon directly attributable to Lessee's Facilities. a:>) J.r$r~... /-r.,.// /??",...,.f~'f'l AtJ'C'l't""....k r-, - I'~- OIJ...".,."c-e. 0-" 9 ASSIG~NTS h., "("...."Sl'~ /~-'.fi"f .,L" rc:/.4...... pr lY'/l"c~~r.r~'- h"t'rr....} r"-r'" ""...,..( AI" r f.( e /-/r".s ,-,..,~.{ '1' fi.... -.j"C4 Sr'r'1'cc.. ,,s ,;t7/'ov,Jr:-v ,r, .(..r.rt"~. Lessee shall have the right to assign this Agreement or one or more SITE AGREEMENTS with the pnor written approval of Lessor, which approval shal1 not be unreasonably withheld. Notwithstandmg the foregoing, Lessee may freely asSIgn (i) to any lender(s) providmg financUlg to Lessee (mcluding such lenders' successors and assigns, whether by foreclosure, deed in heu of foreclosure of otherwISe) or (n) to any ofit's partners, parents, subsidianes, affihates or to any successor m interest to the business operation of Lessee, including person(s) or entity (ies) that are dIreCtly or indIrectly controlled and" owned by or in control of same to the extent of at least 50% .in the aggregate or (ill) to any partner(s) or affiliates of Lessee (or any enuty(les) comprised uf same) that has in the aggregate a 50% or greater ownership mterest m Lessee. IV.';" ..../- /"Af,,:,i~t\ 't r~ ~ 6,.;; o. 'Ili '/'("~.r(' ~ .R14l" 4.r.r.- /-'7 rJ,s L~AS"C -,1"6...~ .l...<rJ'iI'" ..:'04"~,;1r rJ )"".,,)' e"n.,t-'7/,r.ru/r.":! 10 DEFAULT - TERMmATION .f=,....'....... r~ ..."r:"~J~"... t7 1= 4~,4' ~~~<'?~c:::: AAd c::.re c <l'..../",.", ho"'l ",..a..'....d,~ -rA4- ~ $~C r{ e".,,l,lr /fSFv-"l(',$ /... yr:.,.,/,! r{c. D'/.'p~.nQ"'$ () p ~C"'S".J"~e (A) DEFAULT. The occurrence of anyone or more ofthe folIowmg events shal1 constitute an +?,~,... "Event ofDefituh"' hereunder by Lessee: Ae A"S"-t. j 1 I.::"" (1) The failure by LESSEE to make any payment ofrent or any other payment required to be made by LESSEE hereunder, as and when due, where such fallure shdll contmue for a penod of twenty (20) days after written notice thereoflS receIVed by LESSEE from Lessor - (2) The fa..Uuce by LESSEE to observe or perform any of the covenants or provisions of this Lease to be observed or performed by LESSEE, other than as specIfied m Paragraph IO.A (1), where such faJlurc shaU continue for a perIod of thirty (30) days after written nouce thereof is receIved by LESSEE from Lessor, provided, however, that 1t shall not be deemed an Event of Default by LESSEE if LESSEE shall corrunence to cure such fatlure withIn said thrrty (30) day period and thereafter diligently prosecutes such cure to complehon (B) Ifrhere occurs an Event ofDefuuJt by LESSEE, ill addition to any other remedies aVallable to Lessor at Law or 10 Equity, Lessor shall have the option to temunate this Lease and all nghts of LESSEE hereunder. (C) If there occurs an Event of Default by LESSEE, Lessor shall not have the nght, pnor to the tcmunanon of thLs Lease by a court of competent junsdiction, to re-enter the Prerruses and lor remove persons OT property from the Premises (D) 'fER.MThlATION. Tenninahon of this agreement may be exercised by LESSEE as to a particular SITE AGREEMENT at any time WIthout further lJabLlity If LESSEE cannot obtain certificates, permits, hcen.ses or other approvals (collectively, "approval") reqwl'cd from any governmental authority and/or any easements required from any thIrd party to operate the communications facility, or if any such approval is canceled, or expires, or lapses, or WIthdrawn or temunated through no fault of LESSEE, or 1fLessor faJ1s to have proper ownership of the SIte andlor autbenty to enter mte this agreement, or if for any other reason, LESSEE in its sole: discretion, dctermines that it will be unable to use the site for its intended purpose Upon DI' ,'f ,,, c_~ 'hohl ''''14/'1 r"'.......4tO..,~II(' /6-: "If""";,,, ';"" /'e-,l;,ttl/l . \ , -: :...t~~ " NDC of FL.. LLC 727-556-0417 p.s -, :: ;.l:"l. S,')( ,/7'1(.11',/)[ tennination. Lessor shall retain all prepaid rmrt?~ the even ESSEE termina4~ this 1~ -. because it "determines in its sole discretion It will be una to use the site for Its intended purpose," LESSEE will pay a termination fee equal to Rent. /...4 S"Jt:: c .mAr r~"'/II"Il"'k A /.k. A/~~"'fMr /l"~ -,r.{~04,l r-...",.'4? .,. /7:-,."'.-...,...(11"7 .,t;.~ /~,.J-~Mf ""0 /..,...."'?,..,;d4 2.ze/l) or /:1.;- ~~"'.fe O.....,c L.",r.f"t"<: 11 HOLDING OVER' "'C.l-fIl.._,....~~ ,.;, .rs I"-/e d'4Cr--.: ~ 0"" t'.f.4f .f.(c-rr, . . /l:su/.f-$ 0': n-"7 ;t1.fA~C ~ "r~~o,..~t'..-I ,t<I-".,...,...,f. jJI......,. ;~../.( ? f Gf.) or. -r~ .J' Lt:~J"G . $' VA" C'C.:;,r?/-A tIc. l"-- k .r$~~. In the event Lessee contmues to occupy the Demised Prenuses at any particular site after the last day?" of the term, or after the 1l.sl day of any renewal tenn, a tenancy from month to month only shall be created and such tenancy shall be terminable by Lessor or Lessee by gIVlllg not less than thirty (30) days written notice prior to the end of any monthly penod. 12 UTILITIES' .. Utilitles shall be separately metered, and Lessee shall pay its share of the utility charges used in connectlon WIth Lessee's Facility from the begmmng of the initial term of the Agreement. 13. SURRENDER ArEND OF TERM. At the expiration or termina110n of a spectfic Site Lease term or any renewals thereof. whether by lapse of tune or otherwise, Lessee will peaceably and quietly surrender to Lessor the particular Demised Premises, m good coOOt'ionl reasonable wear and tpar, acts of Ged, and other causes beyond the control of Lessee excepted, subject I) the tenn..:; l.ereOL 14 TITLE TO llv1PR(\VE~fu.'IT.S..:. Title to Lessee's Facility, as well as all fixtures and chattels used 1D connection therewith, shall be and shall remam the property of Lessee and the exclusIve ownership hy Lessee is herein acknowledged by Lessor. At anytune prior to or at the expllh.tion of we Agreement teUJl or any renewals thcr~f. Lessee shall have the absolute right to remove saId property 15 NOTICES' All notices requIred under tius Agreement to be served upon euher party shall be sent registered or cer11fied rruul. return receipt requested, and shall be deemed served when deposited in the United States ma..d, properly stamped and addressed to the party for whom It IS mtended at Its address herein set forth: If lc Lessor. Amencan Waage, LLC 2727 U1merton Road, Swte 230 Clearwater. Florida 33762 If to Lessee, ,5,h. ..>.Jo 3 M.A}t?A ,,4~ "',.., / /; , I"J Comme'C'&1':. r-Ao..... d A- fi'?..p/1Af ~ ....... r'~....u' ~/vd J> f~/O or to such other address as Lessor or Lessee shall hereafter give notice to the other ID wntmg ~, t -I . 6 - -- ~, ,... - , LLL 727-556-0417 P.lO . 16 FORCE MAJEURE. , , " No (WIthstanding any proviSlon of tlus Agreement. the performance of the 0 bhgatIoDS set forth in this Agreement other than obligations to pay money, shall be suspended or excused 10 the event that such performance is adversely affected by an event of Force Majeure or Its adverse effects. ttForce Majemen sha11 mean the occurrence or nonoccurrence of any act or event that has had or reasonably may be expected to have an adverse effect on the engineering, design, acquisition, construction, mstalIation, operation or maintenance of all or any oortJon of the Prenuses, the Derrused Prermses or Lessee's FacI1rues If such act or event IS beyond the reasonable control of the party relyIng thereon as justtfication for not performing an obligation or complying WIth any condition required of such party pursuant to this Agreement Such acts or events include, but are not limited to, the foUowmg: (A) Acts of God, landslidesj sink holes, hghtning, humcanes, earthquakes. fires, explOSIOns, floods, acts of a pubhc enemy. wars, blockades, insurrections, not, or civil disturbances, (B) Labor dISputes, slnkes, work slowdown. or work stoppages, 17. SEVERABILITY. If any section, subsectioJ, sentence, clause or proVIsion ot this Agreement, the deletIon of which would not adversely affr.ct the receIpt of any material benefits or sllbrtantJa.1 mcrease the burden of either Lessor or Lessee, IS held in" l1td, the r~rnair.der of the Agreement shaJI not be affected by SUC.1 invalidrty. 18 DISPUTE RESOr,.mJON PROCEDURE:... (A) In order to dISpute any pornon of a bilI, Lessee shall notItY Lessor in writing of the amount of the dISputed charge and the nature of tbe dispute withm thirty (30) days of the date of the invoice The undISputed portion of the bill shall remam due as rendered. LeS;'KIL w.d:l tl:en cvi:tluah::: tbc J ;)!-'ulC. w.dhi5- .tIurty (3Q) d..,.. ...d no.~ ~ uf tt-..h~""n ~;::- ~~ : ~:.~ .:,:v: ~L=. f::: ~ =:=: ~'P~::::::tt d... "",;,," -- n _ _a . __{) I I (B) Unless otheI'WISe agreed 10 writing or prohibited by applicable law, the parties shall continue to provide service, honor aU other CortlID..1tments under tIns Agreement and con~mue to make payments ill accordance With tlus Agreement dunng the course of any dispute resolutJon and durmg the pendency of any arbItratIon proceedmg or actIon at law or m equity relatmg hereto, 19 A IT ORNE Y'S FEES The prevailing party ill any htigation arising hereunder shall be entitled to hIs reasonable altomey's fees and court costs, 1OcludlOg ..ill appeals, if any. 20. EMTNF:NT DOMAIN: If a COndemning authority takes a portion of the DemISed Prenuses sufficient to render the SdIIle W1Suitable for Lessor's use, 10 Lessor's reasonable discretion, or a po1110n sufficient to render the Demised Premises unsuitable for Lessee's use, in Lessee's reasonable discretJon, then either party may terminate , , < -+, - -- ---_::..!_--.:: 7 I Ii.... , ............._ t.:::t-::'::'b-U411 fJ.ll . .. - , .. I this Lease by notice to the other and this Lease shan terminate as of the date the title vests in the condemning authonty. Sale of all or part of the Demised Premises to the purchaser with the power to eonnent domam in the face of the exercise of power shall be deemed a takmg by condemnation. In the event of a partial condemnation, the Rent shall be reduced on a pro~rata basIS based upon the percentage of the Demised Premises no longer suitable for use by the Lessee. Lessee may claim and recover :from the condemning authority an award for Lessee's movmg expenses, busmess dislocation damages, Lessee's personal property and fixtures and the unamortized costs ofleaschold improvements paid for by Lessee and for the value 0[l.1ru. Lease to the Lessee 21. ENVIRONMENT Ai MA TIERS: (A) Lessor will hold Lessee harmless and mdemnify Lessee agamst and from any damage, loss, expense or liability resulting from the generation, treatment, storage or dIsposal by L.:;sor of any hazardous substance on the Demised Prennses I. t'S$e" C AI? A:.r ,<J(',I'"- H/," ""r -<tU'J~~ ~... t!'r~~f<" 4- ",4",sf:. ...::z- ~A~,,,,o,,,...,.~t"l ",.r.r~r$"'e"l- _.1"4U1 .,.."... ......(<"'Cc C~) ~.,,;,,/' t=- ~"h:.,.., "'I . <4; 5'....k "'!,"T"c~f:AI. (B) Lessee will hold Lessor hannless and mdemrufy Lessor against and from any damage, loss, expense or l.tability resultmg from the generation, treatment. storage or dJsp osa 1 by Lessee of any hazardous substanct" on the DeInJ.Sed Premlses, (C) Lessee shall comply WIth all federaL state and local laws, rules and regulatIOns m re')pect to the use of the Demised Premises. Le~sfe .)ha1I not store. d1spose, treat or generate any hazardr,t s substance on the Demised PreIIll.Ses. :"essee s.1t."\ll not USt. .my hazardous substance on the property without express advance wntten approval from LessN Approval from Lessor shall be solely at Lessor1s discretion. Failure to comply WIth tlus Sul:pamgraph shall be cause lor unmedtate cancellation of the specific SJ!e Leases and Tenant expressly agrees to t-e liable to Lessor for Jil costs, I.1abiliues and expenses pursuant to Paragraph 10(A) for any \"101atlOn oftlus Subpardgraph. (D) "Hazardous substance" shall be mierpreted broadly to mean any substance or matenal defined or destgnated as hazardous or toxic waste, hazardous or toXIC matenaI. hazardous or toXiC or radioactive substance, or other smillar term by any federal, state or local enmonmental law, regula.!ion or rule presently m effect, as the same may be amended from tune to tune, 22 INTERFERENCE. (A) Lessee shall operate Lessee's Facilittes (as defined in Paragraph 4(a)) in a manner that will not cause mterference to Lessor or other lessee's of the Denused Premises eXlStffig on the dcnused premises at the time of execution of this Lease; provided that, With respect to any other lessee of the Derrused Premises. such other lessee shall not install equipm~nt upon the Tower or change the use oflt5 equipment located on the Tower subsequent to the date of the final execution of the SITE AGREEMENT (the "Effective Date") unless provisIon to do so 15 currently contained in an agreement betwee.:1 said other lessee and Lessor and a copy of d1e p':nment infOrmatiotWvtdt:d to the Lesset: All operatIons by Lessee shall be 1a\Vful and m compliance with all FCC reqUlr eots, ;'/'-/0.... h 0:').::/ , I!' I'<~~ U;"U" .L ,$ $',fe, AJ~,...,..,t'''T~ (B) Subsequent to the Effective Date, Lessor shall not pennit its lessee's or licensees to mstall new eqwpment on the Demised Prerruses if such equipment shall cause interference with Lessee's operations, Such interference shall be deemed a material breach by Lessor. In event any such interference occurs and ! -( '~'; , , 8 ~_..,. "- '-- t.- 1c.1-~56-0417 P.12 , ,~ does not cease promptly, Lessee shall ~ve the rlghi:~lll its only remedy und~ this Lease' ~r at Jawor inequity, except as otheIWLSe expressly stated herein, to terminate the affected SI1E AGREEMENT. (C) Notwithstanding anything contained herein to the contrary, in the event that the Lessor, or another lessee (the "Acting Party") desires to mstall eqwpment upon the Tower or change the use of Its eqUlpment upon the Tower subsequent to the Effective Date (the n Act") Lessee shall first receIve not less than thirty (30) days prior written notice from Lessor. together with such plans and specIficatIons descnbing such equipment and/or change in use as is desired to permit Lessee to deterrt1iqe whether the Act by the Acting Party shall cause mterference with the operation of the Lessee Facilities. If an interference is indicated Lessee agrees to cooperate with Lessor m resolving the mterference, If possible, by mochfymg the Lessee Facilities to eIuninate such interference andlor to relocate the Lessee Facilities upon the Tower to a similarly sized space upon the Tower, with equal capabilities. Any such relocation or modIfication will be the responsibility of and at the cost of Lessor. The Acting Party may make the Act upon, Its recelpt of written notice from the Lessee advising that the Act shall not interfere With the operation of the Lessee Facilities; Or the date when Lessee has taken the action descnDed above to eluninate the interference with the Lessee Facilitles. I'ur(ve Not Wlthstandmg aoytlung contaul~ herem to the contrary, in the vent that an existIng or future Jessee or occupant of the Tower, installs equipment upon the T......wer er Effective Date, changes the use of Its eqUIpment upon the Tower subsequent to the Effective Date or takes any other actro'l subsequent to the EffectIve Date that causes mterference with the opera' n of the Lessee Facilities lan llAct of Interference"), Lessee shall be entItled, at Its expense, to an acnoD m Its own name at law or m equity to enjoin such interference and/or to recover Its damages Lessor hereby warrants and represents as a matenal term hereof that it shall contractually profubit such other Lessees from comrrutring Acts of Interference, it being the intention of the Lessor that the Lessee shall be third party beneficIaIy of such contractual prohibition, provided that Lessor shall have no obligation to take actIon to enforce such contractual prohibItIOn. 23. :tvrrSCELLANEOUS PROVISIONS: (A) It IS mutually stIpulated and agreed by and between the partles hereto that tlus mstrurnent and the exlublls altdl.hed hereto contam the entire agreement between them as of this date (except for agreements, If any, confirmatory of matters contained herein), and that the execution thereofhas not been induced by eIther party by any representations, prorruses or undertakings not expressed herem. and that there are no collateral agreements, stipulations, promises or undertakings whatsoever by the respectrve partIes which m any way affect the subject matter of this Agreement and which are not expressly contamed in thIs mstrument No change, alteration or modIfication of this Agreement shall be effectIve unless in wn.tmg and slgned by both parties hereto (B) The terms, covenants and rondrtions hereof shall be bmding upon and mure to the benefit of the parties hereto and thelC respective successors or assigns. Lessor agrees that m the event It transfers ownership of any property subject to this Agreement, ,It will assign Lhis Agreement to the transferee and this Agreement will SUl'VlVC the transfer. 9 "......... ur r-L., LLL 727-556-0417 p.13 ',\ ' . II [, , J ' , (C) This Agreement shall be construed under the laws of the State of Florida. <- " , (D) Lessor assumes no responsibility for the safekeeping of Lessee's bwldmg or equipment unless damage to said buildIng or equipment is due to the negligence or willful or criminal misconduct of Lessor or its agents. licensees or invites. Lessee assumes no responsibility for the safekeeping of Lessor's buIlding, tower or equipment unless damage to said building, tower or equipment is due to the negligence or willful or criminal misconduct of Lessee or it agents, licensees or inVItee. (E) Lessor agrees, from tune to time upon request. to furnISh. such truthful estoppel infonnatlon as Tenant may reasonably request 24, LESSOR'S OPTION. Should Lessor desire to utilize any portton of, (1) the Demised Premises leased to Lessee hereunder, (2) Lessees Facility constructed thereon, for Lessor's purposes, then Lessee agrees to negotiate with Lessor in good faith to accorrunodate Lessor's request 25. NON- W AlVER OF TE ~MS OR CONDITIONS Failure to enforce or insist upon compliance with any of the terms or conditIons oftills Agreement shall not con;~titut~ a general W81ver or relmquishment of any such tenns or conmtlons of th1.s Agreement, but the same shall be and retnaL1 at all times in full force and effect. 26 SUCCESSORS AND ASSIGtls.,. This Lease shall run with the Premises. LesSt:e shall have the right to submIt a Memorandum of Lease, wb.tch excludes the financial terms of this Lease, for recordatlon to the appropriate governmental agency haVIng Junschcl10n over the Property, which Memorandum of Lease shall be executed by the parties hereto This Lease shall be bmdmg upon and inure to benefit of the partIes, therr respectJve successors and assigns t:J...~ .,iJe ~ "'II"'''; C:4 V("rJ"",".j~ I A, f.:y ~ C I-- <: A/e#,IJ) 0/'7 cr-I? /. / $1) I e r. .d f~~. 27 TOWER MARKING MTD LI Lessor acknowledges that It, and not Lessee. I be responsible for compltance with aU tower buildmg markmg and bghtmg requrrements of e Federal Aviation AdnunistralIon ("FAA") or the Federal Communications COlIUIllSsion ("FCC") d for maintammg the structural mtegrity of the Tower except to the extent that the Tower is damaged by an act or omisSIOn of Lessee, tts agents, employees, or contractors, or unless such damage is caused by a ca.c;ualty and Lessor elects not to repair the Tower. If ,i.~jfO" $",("/1 /A~I!"~"'",t')" AI'\~ ,fold ~("rf("<::: -IA/";1t/r"/f ror ,(,'';:.t/' .,.4,.1....,..~' ro &11""/'7 lA/,rJ, J..("j"(}If:5 J:>il'.?""hu"f.s fC;'- 111<:..1'- /'l ,.f /~~p~/~ ~~ I 28, MISCELLANEOUS PROVISION-.S..; At Lessor's option, tlus Lease shall be subordU13.te to any mortgage by Lessor wluch from tIme to time my encumber aU or any part of the Demised Premises. provided that every such mortgagee shall recognize ( in wnting and in a form acceptable to LESSEE's COWlSel) the vahdity of this Lease in the event of a foreclosure of Lessor's interest and also LESSEE's right to remain m occupancy and have access to the Denused Prenuses as long as instruments may reasonable be reqwred to eVidence th1s subordmation. If, as of the: date of the execution of any SITE AGREEMENT, there is any deed of trust, ground lease or other similar encumbrance affectmg Lessor's 10 I............. ur rL....... J LL.L.... 727-556-0417 l p.14 ...;- . . ., (, . f J~{' r. ~ ~ ~JJ :;:p . ijl. ...~ T't:fiif , ' ( . _J~....iH l'" .1J ~ . Premises, Lesspr agrees to use its best efforts in coo~g with LESSEE to obtain fro~ the holder of such encumbr8nce an agreement that LESSEE shall n~t be disturbed in its possession, use and enjoyment of the premis<;s. ...'t ~.n j IN WITNESS WHEREOF, the parties hereto set theit hand and affix their seals the day and year first above written: LESSOR: AmerIcan Infoage, LLC BY Miller M. Cooper ChiefFinanc1al Officer Wrtness (/""';{1I.&5-;; LESSEE BY" Witness v. 1--/l~S 5 /0 I-A/') for ,,4' /J7 c;", 'c, /1 /I 2""/1 ;; /9 l C /f/t1 rl1"; for ?TE 0/: "'e-I e b 5 II JAN-25-2000 09 14 CLEARWATER CITY CLERK 1#k~ :k i;;V;;' - () City of Clearwater, Florida City Clerk Department phone (727) 562-4090 Fax (727) 562-4086 ; Clearwater FAX MESSAGE TO: Cyntll1a Hardm LOCATION: Planmng & Development SeIVlces FAX NO.: 4576 COMMENTS: Re: Comrnumty Development Board Item re Tower - 505 Vrrgima Avenue The City Clerk Department receIVed a call today (1- 25-00 at 8.45am) from Dons Jean Cesta, 717 Shady Lane, 33764, phone 447-6322. She wants to object to the Tower at 505 Vrrglma Avenue. She said there 1S already an eXlstmg one two blocks away. There 1S no need to have another tower. FROM: Lois Norman, (727-562-4091) DATE: o 1/25/00 NUMBER OF PAGES THIS MESSAGE (INCLUDING TBIS PAGE): 1 , t _....7 PLANNING & DEVELOPMEN SERVICES T CITY OF CLEARWATER TOTAL P 001 f . , JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL &-SURNS, P.A. A TTOR.NB 'is AND COUNSBLLOll.S AT LA \II Stacy Frank, Esq. January 31,2000 Page 2 Pnmeco concurred that the Clearwater High Tower was not sUitable for co-Iocation of three additional antennae Even AT&T admitted that the Clearwater High Tower did not have sufficient structural strength to accommodate the proposed co-location. Smce GTE, Pnmeco and Nextel had an urgent need for a tower and since there was not an eXisting tower or structure to accommodate the need, American Infoage moved forward With Its application to construct a new telecommumcations tower AT&T and the School Board expressed no interest in constructing a new tower or allowing addrtional antennae on the eXisting tower at the Clearwater High School site. After months of delay by the Commumty Development Board ethe Board") to allow Its staff time to Investigate whether the Clearwater High Tower was a feasible alternative to the proposed new tower, the Board approved American lnfoage's application on November 16, 1999 AT&T then for the first time expressed an Interest In co-Iocating GTE, Nextel and Pnmeco on a tower at the Clearwater High School site Based on AT&Ts alleged Interest, the Board, Without Justification granted a request to reconsider the approval of Amencan Infoage's application. Based on direction from the Board, Amencan Infoage tned to discuss With the School Board the bUilding of a new tower at the Clearwater High School sIte The School Board would not partiCIpate In such discussions unless AT&T was present After AT&T and the School Board learned'from American Infoage of the prospects of co-location, they excluded Amencan Infoage from further diSCUSSions about a new tower at Clearwater High School Rather, they conspired together to take a bUSiness opportunity that Amencan Infoage had developed. As part of that conspiracy, AT&T and the School Board Interfered With the contracts or bUSiness relationships between Amencan I nfoage , GTE, Nextel and Pnmeco. After AT&T Interfered With Amencan Infoage's bUSiness relationship, It then caused you to send your letter of January 7, 2000, In which you stated that AT&T agreed to pay the cost to construct a new tower. As we later learned, that statement was untrue As you know, American Infoage has site lease agreements for its proposed location With GTE and Pnmeco. It also has a letter of Intent With Nextel for the same location American Infoage enJoys a good and advantageous bUSiness relationship With each of those compames AT&T, despite knowledge of the relatIonship and the site lease agreements, has attempted to Induce GTE, Pnmeco and Nextel to abandon leaSing space on the tower proposed by Amencan Infoage. Through the use of misstatements and secret dealings, AT&T and the School Board have unlawfully ~~~~0!..!..t.t....1"lD.- _"'1"'- Feb-02-00 15 24 From-JOHNSON ~u '~LY '}"l4GS80 T-162 P 01/01 F-4Z3 JOHNSON, BLAKELY, POPB, BOKOR, RUPPEL &. BURNS, P,A. ATTORNIV' AND COUNaBLLOJlI AT loAW Stacy Frank. Esq. January 31.2000 Page 3 Interfered with the contractual and business relationships between Amencan I nfoage , GTE, Pnmeco and Nextel Based on the actions and misstatements of AT&T, the Board denied American Infoage's application on January 25, 2000 Amencan Infoage Is going to pursue appellate or other relief to obtain a pennlt to construd the proposed telecommunications tower Amencan Infoage has a aear nght to approval of Its application to construct a tower on which GTE, Nextel and Pnmeco have agreed to lease space The Board Ignored the plain language of the Clearwater Commumty Development Code and relied on misstatements of AT&T when It denied Amencan Infoage's application If AT&T and the School Board persist In Interfering With the relatIonship between Amencan Infoage, GTE, Prlmeco and Nextel. American Infoage wIll pursue both AT&T and the School Board for the damages It suffers. I have also analyzed the lease between Bayfone of Tampa and the School Board of Plnellas County, Flonda That lease does not gIve AT&T an exclUSive right to construct a tower at the Clearwater High School site AT&T and the School Board have excluded Amencan Infoage from partiCIpating In the discussions to construct a new tower at the Clearwater High School site even though It was Amencan Infoage that filed an application to construct a new tower. AT&T has not filed an application to construct a new tower Since the purpose of a new tower at Clearwater High SchOOl is a private for profit venture on public property, it should be open to a public bidding process A T& T and the School Board have refused to diSclose the terms of the construction of a new tower, the tenns of a future lease and the amount or distnbutlon of lease payments between AT&T and the School Board There is absolutely no reason to exclude Amencan Infoage from the process. AT&Ts expressed Interest is in maintaining Its service and In facilitating co-Iocation That will occur whether American lnfoage or A T& T constructs the new tower at the Clearwater High School Site. The current lease agreement between Bayfone of Tampa and the School Board states that the School Board is deSirous of providing Bayfone access to certain parcels of real estate to permit It to .construct communication towers and building for Its and the Board's communications equipment.. It does not state that Bayfone has permission to construct towers for use by other prOViders or to sublease any space on the eXisting tower A new lease, therefore, WIll be required for that reason among others. Before entenng Into such a lease, the School Board must consider approval of the lease at a public meeting at which the proposed agreement in Its final fonn IS available for , , JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P A ATTORNBY:S AND COUNSBLLORS AT LAW Stacy Frank, Esq. January 31,2000 Page 4 Inspection American Infoage demands that the School Board and AT&T prOVide It wIth a copy of any proposed lease Representatives of the School Board have expressed their Intent to Ignore the School Board's statutory obligation to hold a public meeting after full disclosure of the proposed lease Amencan Infoage Will challenge any lease that does not follow the reqUired public meeting process. American Infoage demands that AT&T and the School Board Immediately cease mterfenng or attempting to Interfere With Its contracts or bUSiness relationship with GTE, Nextel or Pnmeco If the School Board IS moving forward with negotiations to construct a new tower at Clearwater High School, Amencan Infoage also demands that It be allowed to partiCipate In those negotiations and to bid on construction and leaSing of the new tower If AT&T and the School Board choose to exclude Amencan Infoage and to proceed with their secret deal, Amencan InfoaQe WIll have no chOice other than to address these Issues In a court of law. Sincerely, frY\P Danyl R. Richards Attorney at Law DRR.css cc John Bowen frank. Itr doc Arcturas Tower Llghtmg , Page I of I '\.-- Fierce, Lisa From, Doulong, David [DDoulong@rwbeck com] Sent Thursday, January 27, 2000454 PM To Lisa Fierce (E-mail), Cynthia Hardin (E-mail) Subject Arcturas Tower Lighting On my way out of town the other day, I was shocked to see there IS Indeed a medium Intensity white strobe light atop the eXisting Arcturas tower I did not see It when 1 examined the tower on my way home from the first meeting on Jan 10th If this light IS necessary, It would very likely be necessary on Mr Cooper's tower (Amer InfoAge) on Virginia I suspect he submitted a notice of proposed construction to the FAA When the FAA makes Its Determination of (No) Hazard to Air NaVigation, It will also state what lighting, If any, IS required If you do not have the FAA's Determination, but only the Notice of Proposed Construction, the FAA can be called and they can tell you If the Determination has been made, and what, If any, lighting was required There certainly has been enough time for the Determination to have been made If thiS light IS NOT necessary, the neighbors would probably appreciate the lights being turned off AT&T or the School Board would even save money on the electriCity I hope things are gOIng well for you Sincerely, Davld H Doulong (407) 648-3511 (direct) ddoulong@rwbeck com 01/27/2000 ~~ '11if1..t ~q1 - - . 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I ~ ~. . ::st.Copy . ... --" ..5. 1 Gt ... u allable . - ------ --- -- - -- "I . I - - -- - ._- -- - 1- i , - - - -- - - - - 1 I - 1 - -- - - -. i 1 8', 121/88, ~15 :22 :44 R W r 'k Orlando-} 7275624576' tFAX Pag-e B81 , -..... DAVID H. DOULONG Wake Forest Umvennty: B.A. in Chemistry B.A. in Physics Nahonal Cable TelevlSIon Insbtute: Certified in CATV Fiber Optics Mr. lliulong lS a Seruor Telecommurucabons Consultant and Project Manager With over twenty yean. of expenence m telecommumcahom, and over eleven years of expenence ill the ubbty mdustnes HIS experhse includes the techrucal specmcabon, deslgn, and project ent of fIber opbc, data, telephoruc, and video systems He cines and mUnICIpal utJhbes m strategic planrung for entry lecommumcabons and Cable TelevlSlOn markets He also antenna srtmg assIStance to cIbes dealmg WIth wrreless JAN 2 , 2000 abon company tower Slbng lSsues lliul~ng has management responsIlnhbes for the Frrm's mtemal PLANNING & DEVELOPMEtMephon and data commurucabon systems Pnor to Joming the FlfIIl SERVICES ' CITY OF ClEAAWATERMr Doul mg managed telecommumcabons projects, and the dally tloJ:tl of the telephone and cabhng qystems for a large aerospace technology fIrm He was also a Commurucabons Offtcer m the US Navy and IS presently the Commurucanons DLrector for a Jomt SpeCial Operabon TaskForce Staff umt m the Naval Resetve WIRELESS COMMUNICATION TOWER SITING ASSISTANCE . Ordmance Drafung AsSIStance . SpeCIfic ApplIcatIon ReView . Alternabve Siting Mr. Doulong has proVIded technIcal and consulbng asslStance to murucIpahbes m the SIbng of Wireless commurucabons towers to preserve the esthencs of thelr commumty ServICes proVIded range from specLfIc Site applIcahon reVIew and adVIce to developmg alter- nabve slbng plans and ordmance language. H1s servIces have been used to de-bunk wrreless proVIder claIms that only a specLfIc SIte will fulfill the proVIders need and for the CIty to deny that Site results m a bamer to entry mto the market, an aCbonable claIm He has also aSSISted munIClpalIhes to Idcnhfy properhes wluch should be attrachve to wrreless proVIders, to result ill addIbonal revenueb to the Clty, and allow the CIty to drrect the tower slbng mto areas less obJecbonable to the CIty and Its reSidence nlw'~ E [l( 8'121/B8,j5:23:29 7275624576 ~tFAX Page BB2 R W r ~ OrlandD-} DAVID H. DOlJLONG RADIO COMMUNICATIOt\lS . lJcensmg . Frequency Coordinatlon . Propagatlon AnalysIS . TroubleshooTIng Mr Dmlong's expenence mcludes management, desIgn and procure- ment of SCADA and VHF radto based electnc load management systems He has conducted pre- and post- constructlon propagatlon analyslS, JdentIfied potenbal antenna support structures, and developed speCIficatlons for antenna and radIo systems to obtam <;peclf1c propagabon charactensbC"l Mr lliulong has hcensed new stabons and modified eXlSbng lIcenses to allow data to be transmItted on an otherwlSe vOIce-only frequency He has also negobated several frequency shaTIng agreements to allow the hcensmg of an econormcally preferred frequency bemg used by another entlty Mr lliulong has ah.o been illvolveu ill trouble~hoobng radIo sy<;tem~ such as a 900 MHz MDS system used for SCADA purposes or a VHF- FM system wluch to allowed two separate systems to share the same radIO for dIrect load control purposes COMMUNITY AND UTILITY COMMUNICATIONS . Market Assessment . Strategic Plannmg . FeaSIbility . Design . Procurement . MurucIpal OwnershIp Issues . Cable TV . Telephone . Insbtutlonal Networks . ProJect~nagement Mr. [uulong has developed telecommurucatJon market assessments and strategIC plans for muruClpal ubhbes eager to explore therr ophons to mcrease revenue and competlbveness through technology. He has developed communicatlons requrrements and techrucal spectftcahons PLANNING & DE IElOPMENT SERVICES CITY OF C! -. <VI'\TER 2 R W Beck, Inc N \OOOOOJ\T eleoom\WlRIUSS\Doulong-A wrreless.doc .. B', 121188 ..t5 : 24 : E1g R W r k OrlandD-) 7275624576 r tFAX Pag'e E1E13 ,,' DAVID H. DOULONG fur commumcatJons systems, ~pec1hed the SIZe and type of cable and eqUIpment, and mstallabon methods He has managed all phases of procurement and lll!,tallahon fur construction proJ ecTh , mcluding Idenbfymg quahJled supplrers and contractors He has been mvolved In the lIDplementahon of broadband metro- pohtan and Local Area Netv/orkh and fiber ophc mstallahon projects He has deSIgned the TIber ophc entry of mulhple bUIldmgs and substatJans as part .of CIty-WIde UtilIty commumcabon systems, deSIgned, mstalled, and 1IDplcmented fiber apbc mulhplexer systems, and dest.gned and trained mdIvIduals ta mstall Local Area Networks. r~- UTIL'ITY AND MUNICIPAL SYSTEMS . lan,IWan . PBX . SCADA/Telemetry . Direct ResKlenhalload Conirol Mr. Doulong has been lllvolved WIth numerous proJccts specLfying and managlllg thc acqU1SIoon and lTIstallahon .of Local and WIdc Area Netwarb, Private Branch Exchange telephone ~y,>tems, telemetry, SeA DA, and dIrect rcsIdcnhalload contral systcms He has st.gnmcant expencncc spec1fymg, managmg, and marntammg PBS tclcp ne systems and cable plants 'flus mcludcs the develop- ~ ~ ~ n \\ {J ~E cthcahans and mstallanan management of both 1I1SIde and U;; ~ l!; U I!j ~'e Ie plant HIS knowledge of cable plant Tange~ from IAN tele one stanon cable, to .outsIde plant mcludmg large mulb- JAN I 2000 c t ed parr copper cable ta fiber apbc and coaXIal cable systems 2 m!, e tallabons and alsa drrect bunal and manholes and condUIt s I tcm~ u PLANNING & DEVELOPMENT SERVICES ft~ nas de Jgned SCADA/Telemetry systems to poll and collect data CITY OF ClEARWA T1mce~~ary allow Jomt Achon AgenCIes to remove theIr member Clhes am tradinonal servIce proVIder mto therr own cantrol area These ,,)'Stems alsa allowed the dent ta market then excess cnergy thereby makmg themselves more compehtive, He has evaluated the campehng technologIes of VHF-FM, FM-SCA, and Power Line Camel;. d1al-up modem", leased data ClrcUlts, Frame Relay, ATM, and VSAT (very small aperture tennmal) satellIte systems compeb.ng as the method to lrnk master stahan head-end eqU1pment ta remote tennmal umts WIdely dIStrIbuted m mulbple CInes N \00000O\1 eleoom\WlRELfSS\DQuJong-Awueless doc R W Beck,. Ine. 3 " TY OF CLEARWATER P LAN N I N G ANODE VEL 0 PM E N'T MUNINCIPAL SERVICES BUILDING 100 S MYRTLE AVE POBOX 4748 CLEARWATER,FL 33758-4748 PHONE(727)562-4567 FAX(727)562-4576 FACSIMILE TRANSMITTAL SHEET TO: ~D f\1'lWf~[l2O f\f c:. COMPANY: FROM: uS~ Yl~ \ ) ~I) I (JD DATE: FAX NUMBER: Lfl! I / ~ 1111 TOTAL NO. OF PAGES INCLUDING COVER: ~ f PHONE NUMBER: NOTES/COMMENTS: ~UYY16 Vof2.- DM If) P D{;(UJN~ o Per your request 0 For review 0 Please comment 0 Please Recycle 0 Urgent ONE CITY ONE FUTUllE r. TRANSMISSION VERIFICATION R~ ~T TIME . 01/25/2000 12 38 DATE,TIME FAX NO,INAME DURATION PAGE(S) RESULT MODE 01/25 12 37 94418517 00 01. 16 04 OK STANDARD EeM CommUnity Development Board Meeting - Jan 25th \. Page 1 of 1 .. . Fierce, Lisa From Doulong, David [DDoulong@rwbeck. com] Sent Thursday, January 20, 2000 1 10 PM To 'Lisa Fierce', 'Cynthia Hardm' SubJ.ect Community Development Board Meetmg - Jan 25th ~ z:[o 1 - ClfY - 8 ?Jt2 I spoke with Boca Raton They have postponed theIr meetings until April This clears the way for me to attend the subject meeting on January 25th Please let me know what time you would like to me to arrive In Clearwater and to which bUilding I should go I assume our conference calliS stili set for tomorrow at 11 00 am \ , l\ ~\ ,\o~ ~ .. Fax transmittal TO: Kevm Becker, AT &T (fax 813 221 6850) FROM: Lisa Fierce, City of Clearwater DATE: January 21, 2000 RE: Attendance at upcommg Commumty Development Board meetmg This IS an official request for your attendance at the January 25, 2000 CDB meetmg regardmg the Amencan Infoage telecommumcatJons tower request Attached herewith are copies of the meetmg agenda and staff report Please call me to confirm your attendance AdditIOnally, please provide copies of any lease agreements or other documentatIOn mdlcatmg a commitment/agreement to serve the carners on a new tower at the hlgh school SIte If you have any questions, please contact me at 562 4561 Included J '1 Staff report p~< l- Meetmg agenda p. t--L\' Number of pages bemg transmitted mcludmg thiS cover sheet trz, U \My Documents\correspondence\Fax transmIttal doc 13540 N FLORIDA AVL SUITE 203 TAMPA, FL 33. ,3 (813) 960-0002 ~ PATE ENGINEERING INC. RECEIVED JAN 0 8 1996 SYSTEMS ENG1j\:ff:>lI!\l(; January 3, 1996 GTE Mobllnet 600 N Westshore Blvd SUIte 900 Tampa, Flonda 33609 Ann ivlr Roben: Kersteen Re 140-Ft Self Supporting Tower Keene (Clearwater) SIte OUf Job #95-320 Dear Mr Kersteen In accordance With your Instructions, Pate Engineering has analyzed the existIng 140-foot tovver located at the "Keene" site In ClearN8ter This tower IS an eXIsting AT&T Wireless ServIces cell sIte The anginal tower IS a Rohn SSV which has been modified The modificatIon deSign was done by Pate Englneenng In 1990 under our Job #90-126 ThIS modification added three additional legs to the tower up to the 120-foot level. On December 7, 1995, the tower was surveyed to update the eXistIng antenna loadIng Analysis Outline: ThiS tower has been analyzed under the folloWing condItions: EIA 222-E for 105 MPH Wind on the tower face EIA 222-E for 105 MPH wind on the tower corner EIA 222-E for 105 MPH wmd parallel to a tower face The cases conSidered all the applicable loads due to deadweight of the structure and appurtenances and the effects of wind on the tower structure, antennas and ancillary items, such as ladders, cables and platform antenna mounts Assumptions' 1 For the purposes of thiS analysIs, It IS assumed that all bolts, welds, members, ate are 10 good condition and not degraded by rust, corrosion or cracks Re Keene Site Our Job #95-320 2 The transmission hnes \oVere assumed to be evenly distributed over three (3) faces or legs of the tower The following is a list of antennas, their elevations and transmission lines used In this analysIs ExistIng Antennas Elevation eFt) DescriptIon TransmissIOn LIne 140 130 (9) DB834F OB274 (9) 1-5/8" 7/8" Proposed Antennas 100 (6) 08858 (3) 1-5/8" (6) 7/8" Method of Analysis: The tOVler was analyzed In accordance With the reqUirements of EIA 222-E and AISC 8th EdItIon Extensive manual computations were performed to aecount for all of the vertical (dead\l\l8ight) and hOrizontal (Wind) forces on the tower structure The structure was then analyzed usmg the programs STAAD 3 developed by Research Engineers Inc The resulting nodal deflectIons and element Internal forces were compared to the manually computed allowable value Results of Analysis: This analYSIS. as outlined herein, IndIcates that the tower is overstressed as foIlows. 1 1 ElevatIon Oriolnal Leg Added Leg 0- 20 36% 40% 20 - 40 38% 58% 40 - 70 37% 24% 60 - 80 38% 22% 80 - 100 39% 22% 1 2 The angInal and new foundations are overstressed by 100% and 30% respectively 2 Re Keene Site Our Job #95-320 1 3 Many of the diagonals are overstressed Recommendations: As outlined above, thiS tower is hIghly overstressed In my opinion, It would not be economical to upgrade this tower. If you reqUire additional servIces In the matter, please call Respectfully, By Leroy 3 13540 N FLORIDA A\_ SUITE 203 TAMPA, FL 3-,.... 13 (813) 960-0002 ~ PATE ENGINEERING INC. January 31,1996 GTE Mobllnet 600 N Westshore Blvd SUite 900 Tampa, Florida 33609 Attn' Mr Robert Kersteen Re. 140-Ft Self Supporting Tower Keene (Clearwater) Site Our Job #95-320 Dear Mr Kersteen This letter IS supplemental of our report of January 3, 1996, concerning this tower We have been asked to prOVIde a cost estimate for reinforcing and modifying this tower I have Investigated several methods of accomplishing this I have been unable to find a way to economically strengthen this tower The overstresses are too hIgh and effect too many of the tower members It IS my opinIon that It would be much more economical to replace this tower with a new one deSigned to support all of the eXIsting and proposed antennas and lines If you reqUire further services In this matter or have any questions, please call. RespectIvely, By Leroy L Pate, P E 29g Nmlh Slreet North POBox 683 S t Pete rs bllrg Plondn 33711 068 I (727) 8n-4317 FAX (727) 822 '<919 , George E Young, Inc. Tummg VISIOn Into ReaMy ~'nc' 1919 o\RI.)-IITr,C lull!:. . L!\(,I~'I I !tN. . r\!\ II((J~,\II ~ 1\1 .1 ,\~ I)',(AI'I .\RCIII I !:.l rlJI\! .1'1 \~ \ 1\(,. '>L I~\ 1111\C..1 TIIIII! '> July 19, 1999 Ms Cindy Dommo, General Mana'ger American InfoAge, LLC 2727 Ulmerton Road/Suite 230 Clearwater, FL 33762 RE Site on VirginIa Lane, South of Gulf Boulevard Clearwater, FL Dear Ms Domino Our offICe has prepared a drainage calculation for the above site Based upon the rational drainage calculatIons, we show 582 CF reqUired for treatment volume and approximately 1,286 CF reqUIred for attenuation of stormwater Your site plan shows a pond 18'x69' and approximately 1 5' deep Based upon the assumptIon that the SOIls will handle the volume percolation and the seasonal hlghwater table IS below the proposed bottom, the pond should be adequate for the volume reqUired If we can be of further aSSIStance, do not hesitate to contact me at (727) 822-4317 Very truly yours, RGE F YOUNG, INC I~ ohn P Bastow, P E Vice PreSident/Engineering jPB/par S1 PETERSBURG · TAMP1 ~ &~rW(~~~~~ g~~~~~~l~~(';m rly\07/1 Q/QCj\4 )i) PMI American Info 7 f19199 Vlrgmla Lane Treatment for Pond Basin = ~acres Treatment Cnterlla = 0 5 Inches of runoff Treatment Volume = Area x Depth /12 x 43560, cf Treatment Volume = I 5831 cf or I o 0 11 ac-ft Elev Area sf Area ac Incr Vol Cum Vol Cum ac-ft 6000 540 001 0 0 000 Bolt Elev 60 6005 563 001 28 28 000 Bott Area 540 6010 587 001 29 56 000 Top Elev 61 5 6015 610 001 30 86 000 Top Area 1242 6020 534 001 31 117 000 Interval 005 5025 657 002 32 150 000 6030 680 002 33 183 000 6035 704 002 35 218 000 6040 727 002 36 253 001 5045 751 002 37 290 001 5050 774 002 38 328 001 5055 797 002 39 368 001 6060 821 002 40 408 001 6065 844 002 42 450 001 6070 868 002 43 493 001 6075 891 002 44 537 001 'J~' 6080 914 002 45 582 o 01 set weir --r &tG1\... T lM.Ie:1IJ r 6085 938 002 46 628 001 >Ie; L ~ 6090 961 002 47 676 002 6095 985 002 49 724 002 6100 1008 002 50 774 002 6105 1031 002 51 825 002 61 10 1055 002 52 877 002 61 15 1078 002 53 930 002 6120 1102 003 54 985 002 6125 1125 003 56 1041 002 6130 1148 003 57 1097 003 6135 1172 003 58 1155 003 6140 1195 003 59 1215 003 6145 1219 003 60 1275 003 Cf...:ltLI )M t/r:1l- 6150 1242 003 62 1336 003 Vi>(::;: r;"o~-r ~ q pt"<. .x... IS- ~ fQ.GZ.!c.. r:yvl'+ ~ t> >)-C?j] C g, tI )(. 32-1) :;; I. 4-e..9 I 'Y.Z'i )< / Sl / 67 ^' I'IJ . dllq. .I. - -. .~ BEFORE THE COMMUNITY DEVELOPMENT BOARD CITY OF CLEARWATER CASE NO. V AR1999-F2008, MILLER COOPER! AMERICAN INFOAGE, L.L.c., Applicant I ORDER ThIS matter came before the City of Clearwater Commumty Development Board on the apphcatlOn of Amencan In_f9age, Inc /MIller Cooper for flexIble development /~ approval to allow constructton and use of a telecommumcatlOns tower on the property located at 505 Vlrgmla Lane zoned Commercial The proposed tower IS 160 feet hIgh and IS to accommodate at least three telecommumcatlOns users The apphcatlOn was submitted on May 25, 1999, and was heard by the Board on July 20, 1999 The Board contmued the case unttl September 21, 1999 m order to allow City staff to contact the PmclIas County School Board regardmg exploratlOn of co- 10catlOn optIons at another nearby sIte on School Board property The September mcctmg havmg been canceled due to weather condItIons, the Board at ItS October 5, 1999 meetmg agam contmued the case unttl November 16, 1999 and requested semor CIty staff to contmue to contact the School Board At the November 16 meetmg, discussIOn was had wIth legal counsel for the Board regardmg reqUIrements of the Telecommumcahons Act of 1996 for Board conSIderatIOn of telecommUnICatIOns tower zomng requests TestImony was heard from the applIcant and from CIty planmng staff, and prevlOus testImony was mcorporated mto the record Dunng Board dIscussIOn, members concurred that the applicant had met the standards set forth m the Code of Ordmances, for approval The Board, upon motIon duly seconded, ~ ~ \~ voted 4 to 2 to approve the applIcatIOn wIth condItIons 1 through 4 and 5 through 7 as recommended by staff and an addItIOnal cOndItIon that the applIcant was to work wIth planmng staff to develop a desIgn whIch would screen the tower from VIew Followmg the November ]6, 1999 approval, the CIty receIved tImely requests for reconsIderatIon from neIghbonng property owners who met the defimtlOn of an Interested party/substantIally affected person under Code of OrdInances SectIOn 4-206D 4 band were thus granted standIng for that purpose The Board's Rules of Procedure, ArtIcle VI, SectIOn 3, provIde that reconsIderatIOn of a decIsIon of the Board may be requested by the plannmg staff, applIcant, or mterested party at the next regularly scheduled meetmg and shall be granted only upon a determmatIon by the Board that ItS deCISIon was based on a mIstake, fraud, or mIsrepresentatIOn The requests for reconsIderatIOn alleged that the applIcant had mIsrepresented AT&T's and the Schoo] Board's positIOn regardmg colocatIon at the School Board sIte At ItS December ]4, 1999 meetmg, the Board, upon motIon duly seconded, voted 4 to 3 to reconsIder the applIcatIOn The matter was duly notIced for heanng on January 19,2000 At the January 19, 2000 heanng, the Board heard from CyndI Hardm, ASSIstant Plannmg DIrector A letter was presented from counsel for AT&T statIng that the company now stands wIllIng to construct, at ItS expense, a replacement tower on the School Board SIte Ms Hardm represented that the Schoo] Board was m favor of allowmg such constructIOn The Board accepted DaVid Doulong as the CIty'S expert WItness m telecommumcatlOns Mr Dou]ong testIfied that the reconstructed tower could accommodate carners as an alternatIve to the VlrgmIa Lane sIte Ms Hardm stated that plannmg staff IS of the opmlOn that a reasonable alternatIve to a new tower now eXIsts on 2 ~ the School Board slte, and as a result staff recommended demal of the apphcatJon Planmng Director Ralph Stone stated that had staff known that the School Board site was an altematlVe, they would have ongmally recommended demal The apphcant, represented by ED Armstrong lIT, EsqUIre, requested that the record of the pnor Board heanngs be mcorporated, and w1thout ObjectlOn thIs was done He presented testimony from Robert Kersteen, Darryl R1chards, and Miller Cooper Mr Kersteen opmed that a second tower 15 necessary 10 order to accommodate the total of seven earners John Hubbard, EsqUire, also addressed the Board on behalf of the apphcant Add1tIonal persons spoke In response to the Board's call [or public mput Kev10 Becker, AT&T W1reless Services representatlVe, hm Skaggs, Ass1stant School Board attorney [who stated that the School Board! AT&T contract allows modliicatlOn and replacement of the eX1stmg tower], Bob ShIelds, radio des1gn eng10eer for GTE Wueless, Darren Newsum, reglOnal account manager for PnmeCo, and Aaron Tellier, dlfector of Nexte1 CommumcatlOns Code of Ordmances Arhcle 3, D1vlslon 20, establishes general standards for the sltmg of telecommumcatlOfis towers and antennas SectlOn 3-2001D 1 provIdes as follows Jomt use of eXisting towers reqUIred as an alternative to new tower construchon Jomt use of eXlstmg telecommumcatlOns towers or other eXIstmg bUlldmg or structures IS requlfed as an altematlVe to new tower construction whenever feasible Therefore, anyone cans1denng new tower construetlOn, must first explore other aptIons Pnar to the Issuance of any bUIldmg perm1t far a new tower, a determmatlOn must be made that no eXlstmg tower or other structure 1S avmlable as a reasonable alternative An apphcant requestmg a permIt for a new tower shall submit eVidence to the C1ty that supports a conclusion that no reasonable use can be made of any 3 .. eXlstmg tower or structure The eVidence shall clearly establish one or more of the followmg conditIOns a No eXlstmg tower or structure IS located wlthm the geographIc area reqUITed to meet the applicant's coverage reqUlrements b EXlstmg towers or structures are not of sufficient heIght to meet the applIcant's engmeenng reqUlrements c EXlstmg towers or structures do not have suffiCIent structural strength to support the appltcant's proposed antenna and related equipment d The apphcant's proposed antenna would cause electromagnetic mterference With or would be mterfered WIth by other antennas If placed on any eXlstmg tower or structure e The fees, costs or contractual provIsions required by the owner m order to share an eXlstmg tower or structure for a tIme penod of twenty-five (25) years, exceed the cost of developmg a new tower f It IS not financially feaSIble to modIfy or replace an eXisting tower to accommodate the proposed antenna g The applIcant demonstrates that there are other legItImate hmltmg factors that render eXisting towers and structures unSUitable The Board found that based upon the eVIdence presented, the apphcant had not met the threshold cntenon set forth In SectIOn 3-2001 D of submIttmg eVidence to the City that supports a conclUSion that no reasonable use can be made of any eXlstmg tower or structure The Board found that the School Board tower, the eVidence now demonstrated, can be modified to accommodate carners and thus reasonable use may be made of an eXlstmg tower Therefore, the Board, upon motIOn duly seconded, voted 5 to 1 to DENY the apphcatlon The Board mmutes of ItS January 19, 2000 meetmg, as well as court reporter transcnpts of Board consideratIOn of the apphcatlon at the meetmgs of July 20, 1999, 4 ... October 5, 1999, November 16, 1999, December 14, 1999, and January 19, 2000, are attached hereto and Incorporated herem by reference The applIcatlOn, supportmg matenals, Staff Memoranda, exhibIts, correspondence prOVided to the Board, and eVIdence ofnotlficatIon of surroundmg property owners are found m the City Clerk's file and the City Planner's file and are mcorporated herem by reference Based upon the record eVIdence, It IS therefore ORDERED that the apphcation for flexible development approval III Case No V AR1999-F2008 IS hereby DENIED DONE AND ORDERED at Clearwater, Flonda this 2L7'3ay of g .d'l.t.v'(j= 2000 Ralph on, Plannmg DIrector, City of Clearwater DeSIgnee of CIty of Clearwater Commumty Development Board 5 '> COB Meetmg Date Januan 2.5.2000 Agenda Item: D 4 RC\lsed and superseded ..... CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRA nON STAFF REPORT BACKGROUND INFORMA nON: APPLICANT: REPRESENTATIVE: LOCATION: REQUEST: PLANS REVIEWED. SITE INFORMATION Wilham and Hope Georgllas Amencan Infoage, LLC 505 VlTglIUJ Lane Fle,lblc de\Clopment appro\al to construct a 160 foot tall telecommufUcatlOn tower and three concrete pads on whICh to place the equipment SIte plan prepared by NatIOnal Data & CommurucatIOns dated 6/18/99 PROPERTY SIZE: 13,900 square feel PROPERTY USE: Current Use Proposed Use: Three d\...etllllg uruts Office and commumcatIOn tower PLAN CA TEGORY C o III mere ml Geller,-ll ZONING DISTRICT: <\.DJACENT LAND USES CommerCial DIstrict North South East West ANALYSIS Restaurant and other commercial uses SlllgIe Famlh ReSidential Restaurant parkIng lot and Vacant land Smgle Famll~ Resldenl1al Amencan Tn[oage submllted an apphcatJon for a new tower on the VlrglfUa Lane Slte on May 25, 1999 TIle application \\as scheduled and heard at the July 20 1999 Commuruty Development Board meel1ng AI the J ulv 1999 meeting the apphcatJon was continued for SI xly days 10 September 21, 1999 to allow an mvestJgatIOn of the feJ.slblhly of collocatIOn on the eXlstlllg School Board lower on Arcturas Avenue The September 21 meellng of the Commumty De\ elopment Board was canceled due to a humcane threal and rescheduled to October 5 1999 al whICh tfile the continued apphcalIon was heard On October 5 the Page I ~ " \. Community Development Board contmued the applicatIOn to No\ ember 16 1999, and requested that sel1lor staff diSCUSS tills matter with the School Board semor staff to more scnoush Investlgate the potential collocatIOn At the November 16 1999 meetl ng the apphcat Ion was appro\ ed \\ Ilh conw tlOns Incl udmg conw lIons I-~ 5 and 7 m the staff repon and a new conditIOn reqwnng the applicant to \\ork with staff to de\ elop a deSIgn that assists In screemng the tower from view At the December I-l-, (999 meetmg of the Community Development Board t\\O property owners III the VICllllty of the to\\ er requested that the Board reconSider ItS appro\ aJ deCISion TIle Board did vote to reconSIder the case which was scheduled for the ne:\1 regular meetmg of the Board on January 25 2000 , I SlIlce the December meeting ofthe Board. Significant ne\\ mformatlOn and developments have occurred A meetmg \\ Ith all of the relevant panles occurred on Januan 10 2000 In attendance were Ma) or Bnan I Aungst and Clt) staff Da\ Id Duloung, the CIty s tclecommurucallons consultant, Supenntendent Ho\\ard Hlnesle) Joe Feraca and John Bo\\en from the School Board, MUler Cooper from Amencan lnfoage Robert Kersteen and Ke\ Ifl Becker from AT & T Mr Hmesle) presented a letter from Slacy Frank. attome) for AT&T, documenting AT&T's Willingness to build a ne\\ to\\ er on the schoo] board site (COP) of letter attached) Supenntendent Hmesley confirmed that the School Board IS In agreement to allo\\ the reconstmct IOn of the tower Mr Becker confirmed that he \\ as \\ orkmg mth the earners to confinn their part:JclpatlOn on IJuS tower collocatIOn' I TIle Pla.lll1lng Staff confirmed the status of the project mth Mr Becker on January ] 3 2000 Mr Becker stated that four ofthe earners and AT&T (for a total of fi\ e earners) \\ere currently conumtted to locate on the school board site's to\\er Mr Becker further stated that he IS In diSCUSSion Willi !.he Iwo additIOnal earners and IS hopeful to confinn their panlclpauon Mr Becker stated that Ille ne\.l steps mthe process would be to deSign tlle tower stmcture and site order and build the to\\ er components deh\ er and constmct the !Ower on the Site and have each carner mstall !.herr antennas on the tower Upon re- mstaJlatlOn of the School Board's and AT& T s antennas o~ the ne" to\\er the old eqUipment and old tower could then be remo\ ed I I TIle re\' Ised staff report takes mto conSideration llu s new mfonnallOn and the cooperal1 \ e workmg re]llt IOnsh I p llmong AT&. T 1 he Schoo I B Ollrd llnd the Cllrners I I CRITERIA FOR TELECOMMUNICATION TOWERS (SectIOn 2-704 L)' I I. No tclcrommuOIcatlon tm\er IS located on Clearn'ater Beach. I The telecommumcallon toner IS located one nundred feet soulh of Gulf-to-Bay Boulevard and mil not be located on Cleamater Beach 2, If the telccommumcatlOn tower IS located wlthm a scenic corndor deSignated b)' the City of Clearnater or a scemc noncommercial corndor deSignated b) the Pmellas Plannmg Council. the applicant must demonstrate comphance "I~h the design cntena 10 those deSignatIOns. TIle telecommunicatIOn tower IS not locate;d Wl!.hm a seemc corndor deSignated by the City of Clearwater , 3 The deSign and constructIOn of the telec~mmuOlcatlOn to\\er complies With the standards 10 Article 3 On lSIon 20: I Page 2 "' I. Joint use of e:ustmg towers reqUired as an alternatl\e to new tower constructIOn. Jomt use of eXlstmg telecommunicatIOns towers or other eXlstmg bUlldmgs or structures IS reqUired as an alte rn atl\ e to new tower const ructlOn' wheneHr feasl ble. Therefore, an) one conslde rm g new tOller constructIOn, must first explore other OpllOns. Pnor to the Issuance of an,' I . bUlldmg permit for a new 10ller, a detenmna(lOn must be made that no eXlstmg to"er or other structure IS nadable as a reasonable altcrnall\e. An applicant requestmg a pcrnllt for a nell to"er shall submit eVidence to th~ City that supports a conclUSIOn that no reasonahle u~e can be made of an)' eXlstmg to"er o~ structure. The e\oldence shall clearly estabhsh one or more of the folio" I ng cond ItlOns. I a. No e:ustmg tower or structure is located Wlthm the geographiC Mea reqUired to meet the applicant's cmerage requirements I b EXlStm~ towers or structures are' not of suffiCient height to meet the applicant's engmeenng requirements. c. El:lstmg towers or structures do not have suffiCient structural strength to support the I apllhcant's proposed antenna and related equipment I , d. The apphcant's proposed antenna would cause electromagnetic mterference '\lth or would be mterfered with by other antennas If placed on an) el:l~tmg to"er or structure e. The fees, costs or cont ractu aJ p rO\lSlOnS reqUl red b)' the ow ner ID order to sh a re an eXisting tower or structure for a time penod of twenly-fhe (25) )ears, exceed the cost of develollmg a new tower. I f. It IS not finanCial I) feasible to mod;f) or replace an eXlstmg Co"er to accommodate the proposed antenna. g. The apphcant demonstrates that th,ere are other legitimate IImlhn~ factors that render e,\;lstm~ to\\Cr~ and structures unSUItable. ThIs portIon of the tclecornmurucatIons regulatIOns IS the most cnllcal and forms the conceptual baSI s for the City'S regulatIon of to\\ ers The regu [atIon states that Jomt use "IS - I reqUired as an altematl\e to ne\\ to"er constructIOn \\ hene\ er feaSible" (emphaSIS ad ded). TIIC regulatIOn further reqUIres an e, al uatIOn of othcr optlOns which in tillS case has , resulted Ul an agreement to allow collocallon on an e\Jsong site and reconstructIon of an e\lstmg to\\cr on the School Board property Based on thc WIllingness of the tower owner I and property owner to replace the eXlstmg to\\ er and to a1lo\\ collocatIOn WIth thc other camers an eXlstmg to\\er IS a\allable as an altemauve to a new tower and thiS e\Jstmg tower (reconstructed) can serve the telecommuTIlcatlons needs of thiS geographIC area Therefore a new tower cannot be Justified at the 'Ylrglilia sIte I 2, Jomt use of ne" lo"ers reqUIred. Jomt ~se of any new telecommuRlcations tower IS reqUired whenC\er feaMble. In order 10 promote Jomt use of new to"ers, prior to the IS~U3nce of a bUlldmg IlermJt for a new to"er, the applicant shall demonstrate a commitment to Jome use as follows: a. SohCltatlon of additIOnal users. The applicant reque~tmg the permit shall submit e\ldence to the CI~r demonstratmg that a genume effort has been made to soliCit additional user~ for Page 3 ~ the proposed new tower. E\ldence of this effort shall mclude. at mlDlmum, copies of notices sent by registered mall, return receipt requested, to all other pro\lders of cellular and per~on.d commuOlcation senlces m Pmellas Count~'. Flonda. ad\lsmg of the mtent to con'itruct a new lo\\er, Identlf~lng the location, mnhng the Jomt use and shanng cO'ils. and req uestl ng a \\ ntten re~pon Sf l\ Ilh I n fifteen (15) da~'s. The applicant has submitted proof that he has complied With these reqmrements The letter the list of users that the letter ""'as sent to and the copies of notJces sent by registered _mall are attached to the appllcal10n b Agreement to allow future Jomt use. The applicant shall Sign an Instrument, l\ hlch shall be maintained by the Clt~, agreeing to encourage and promote tbe JomC use of tclccommUOlcatlOns towers "'Ithm the Ot)' and, to that extent, commlttmg that there shall , be no unreasonahle act or omiSSIOn that would have the effect of e'tcludmg, obstructmg or' dela~lng the jOint use of an~' tower l\ here fair and Just compensatIon IS offered for such use. The applicant has Signed an agreement and submilted It \Hth the applicatIOn agreemg to encourage Jom! use of the tower The apphcant Amenean I nfoage IS e'\clus1\ el \' m the busmess of supplymg towers for collocation It should also be nOled that the current agreement \nth AT & T and the School Board renders thiS need for future Jomt use on a ne\\ to\\ er moot J. De'ilgn Standards, J Height. Smgle user to"ers are allowed a maxImum height of one hundred and t"ent)' (120) feet To\\ers deSigned for Jomt use may be greater m height prOVided the additional height is constructed COinCident "'Ith the actual use. Furthermore. eXIsting conforming to"ers may be IDcreased In height to accommodate additIOnal users \'Ith a Level One Apllro\'al. To\\crs deSigned for two users are aUowed a maximum height of one hundred and fort), (140) feet. To\\ers deSigned for three (3) or more users are a 110\\ cd a m a 'tl mum height of one hund red and SI'{1\ (160) feet As pre\ lOuslj mentIOned. Ole applicant IS m the buslDess of collocatIOn and profits from ma'\lIruzmg 01e use of the to"er TIle applicant has stated that the to\\er \\ III have more than three users and therefore has proposed a tower of one hundred and S1'\1)' (160) feet tall b Setbacks. From residential uses TOl\crs ~hdll be set back from e'tlstmg resldentlJ.l uses a distance equal to the height of the tOl\er. The dl'itance shall be measured from the base of the tower to the reSidential property hne. The site plan labels the eXlstmg slructllTe as one SlOt)' rnasoIll) office ' Ho\\ever from field observatIon and research the staff has detemuned that the e'\lstmg structure IS currently bemg used as three d \\ clling unitS TIle slle IS zoned CommerCial "luch does nol allow attached dwelling wuts as a pcnmtted use Addlllonally the former zonmg "as ConunerCla1 General wllleh also prohlblled dwelling umts as a penmtted use Therefore the e'\lstmg d\\ellings arc an Illegal use and code enforcement actJon has been lllltlated on thiS Issue Any apprmal of the to\\er on !hls site WIll requue the removal of the reSldentlal uses from the sile Page 4 Absent the reSldentJal umts on tlle subject propert\, the proposed tower does meet the setbacks to othcr resldentJal propert} ill the VICInity smce t.hese residentIal uses are more Ulan 160 feet from the tower II. From hIstone dlstncts and hsted ~tructures. Towers shall be set back a IQ(OImum of fhe hundred (500) feet from any NatlonaJ Regrster Histone Dlstnct and from an)' mdlHdual structure lIsted In the National Regrster f!!_Hlstonc Places. No Natlonal RegIster HIstone DIstrict or mdlvldual structure hsted ill the NatlOnal Register of HIstone Places IS located WIthin 500 feet from the proposed to\\er III. From property hnes. Towers shall be set back from property hnes ID accordance With the rcq UI rem cnt~ set forth m the zonm g distnct regulatIOns There are no setback reqlllrements set forth In the LOlling dlstnCI for telecommUllIcatlOn 10'\ ers The proposed tower and concrete pads on wruch to locate the commumcallOns equIpment are setback from the property lmes based on the buffer requIrements wluch Me ten feet from the SIde and front property Imes c. Color and fim~h. Except for pamtmg or markrng reqUJred b.\' the FAA, towers and Supportmg ~tructure5 shall be a neutral, non.glare color or fimsh, so as to reduce "15ual obt rusn enes~, TIle tower appears In the SUbl1llt1ed photographs to be fimshed III a reflectIve melalhc color Ho\\ e\ er the apphcallt has stated thaI the to\\ er IS of a nonreflectIve neulml color d. Fencm~ To\\er~ shall he enclosed by a sn (6) foot high secUrity, masonry or wood fence. I\. s],.foot lugh cham hnk secun~ fence IS shown on the submitted site plan e. LmdsLaIJmglScreemng. The penmeter of the toner ~lte sh,dl be buffered nuh shrub~ selected and placed to screen the ba~ of the tower and, to the extent posslhle, With trees ~elected and placed to rnlmrnl7--C the vertical scale of the tower. A mlmmum of ten (10) feet of landscdpe buffer shall he proHded around the outSIde of the reqUired fenclOg The landscapmg deSIgn reqUires allpr0\31 of a landscapmg plan b)1 the Communlt) De,elopment Coordmator as a Level One ApprO\al m accordance WIth the pronslOns of Artlcle.:& DnlSlon 3 of thIS De\elopment Code TIle apphcanl has not shown IO feet of landscapmg around the tower fence Ho\\ ever, there IS ample room 10 locate the lower closer to the ei\lstmg bUlldmg In order 10 comply WIth tlllS reqUlrement The applicant has mdlcated On t.he site plan t.hat the tower site WlII be SUITOUlldcd b, pen meter planung m compliance With the Clt) 's regulauons The applicant IS prQ\ Idmg Ole reqUIred buffer along VlrglIua Street m addJllon to the buffer requIrements for commUlllC3110n towers f, IIIummatlon Toners shall not be artlficlall)' hghted except as reqUired b)' the FAA At time of con~truction of a toner, in cases where there are resldentJal uses located 'Hthm a dl stance n hlch IS th ree hun d red percent (300 %) of the hel2ht of the ton er from the toner, dual mode lighting ~hall be requc~ted from the FAA. P dgC 5 ~ Tower 11lwmnatlOn IS not e'peeted 10 be a reqUIrement of the FAA for thIS tower and the applicant has not proposed to ilJummate the lower g Appurtenances. Appurtenant bUlldmgs and structures shall confono to the standArds set forth In the zonmg dlstnct regulatIOns. Such buildings and structures shall be screened from adjacent propertIes and public streets. At a tower sIte, design of the bUlldmgs and related structures shall, \\ hen practIcable, use materials, colors. textures, screenmg, and landscapmg that will blend them IOta the natural setting and surrounding bUlldmgs to minimize the \'Isuallmpact. No appurtenant bulldmgs are proposed at thiS (une The applIcant has proposed slabs on \\hleh the users mil place their bUlldmgs and equJpmenl The slabs are screened from adjacent properties and streets b\ proposed landscapmg h. DeSIgn. To the extent practicable, the to\\er shall be deSigned to blend Into the ~u rrou ndm g en \ I ronmen tin order to protect the aesthetics of the nel2h borhood \\ here the to\\tr IS proposed. The applicant has conllllltted to workmg WIth staff to provIde the most effective deSign treatment possible to blend the tower mto the e'\lstmg neighborhood I. Waners. The deSign standards Identified abo\'e ma)' be reduced or waned If such reduction or wan'er \'+ould better satlsf:~ the mtenl of thiS Dn'lslon and such modificatIOn or \\Aner IS re\'lc\'+cd and decided b)' the CommuDlt) De\elopment Board m concert With the applicatIOn for a Lc\el T\\o Appro\'al. TIle applicant has not requested an~ \\al\ers of the deSign standards ~ Ad\ertlsmg prohIbited, reqUired sign age and security No to\\er shall be used for ad\ertlsmg of an) t)pe, and the placement of Slb'"s, other thAn \\ammg signs and small IOlor m...t 011 pLleard~ '" Ilh emergenc) and 0\\ ner II1fonn at 10 n. IS Ilrlllllblfcd All to\\ ers mu~t be red.sonabl)' po~tcd, m accordance With the C1t) of Clearn ater Sign ordinance, and ~cured to protect d.galDst tre~pass. TIle appllcanllS not propOSlOg am adveruslllg 5 Install atlOn an d maIO tenance ~tand a rds. 0\\ ners sh all Install and mamtam towers, telecommUnicatIOns facilities, '" Ires, cables. fixtures and other eqUipment ID compliance '" Ith the requirements of the Nd.tlOnal Electnc SAfet) Code and all FCC, state and local regulations, includmg adopted bulldmg codes. Pnor to the Issuance of a certificate of occupanc) for a tower, the apphcant shall pro\'lde an engmeenng certificatIOn that the I1rollOsed structure meets such regulatory standards. mcludmg adopted bulldin2 code standard~ for \'+ md "clocit)'. All tOll-erS shall achle\c and mamt:un comphance With current radiO frequenC)' emISSIOns standards promulgated b)' the FCC. The applicant proposed to comph wllh these reqUIrements pnor to the Issuance of a Ceruficdte of Occupancy 6 Remo\'al of ab,mdoned antennas and COwers. An) tclccommulllcatlOn tower that docs not support an operating antenna for a penod of twel\e (12) consecutn e months shall Page 6 -6l '- be conM de red abandoned dnd shall he remo, cd or reactn ated upon written notificatIOn h~ the Ot) "Ithln Slxt)' (60) d3Js of Said notlficallOn. Failure to do so shall constitute a ,iol Ahon of Ihls De, elopment Code TIllS condlllon IS not applicable smce no tower currently e'\lsts on the site ST AFF RECOMMENDA nON: In sununary the pnITldIY condlllon for allowmg a new tower IS that no reasonable alternative e'\lsts for use of an e'\lstmg tower AT&T and the School Board have now agreed to reconstruct the eXlstmg tower on tJle Arcturas sile and to allo\\ other camers to locate on the reconstructed to\\er Further, AT&T IS m acllve negotiatIon With the Sl'\ otlier camers who are vIable In thiS geograpluc area and market to confinn theIr partiCipatIOn Therefore tJlere IS a reasonable alternative to a new to\\er \\IHCh IS 10 reconstruct the Arcturas lower on the School Board site Based on the c'\Islence of tIllS alternative tIllS applicauon IS mconslstent With the telecommurucalJons regulations and a nc\, tower IS not Justified The Plannlllg staff recommends DENI A..L of thc proposcd lelccommulllcatlOns to"cr to be located at 505 VlrglfiJa Lane as requested b\ Amencan Tnfoagc based on the cntena of the telecommumcalJons regulatIOns of the Commumh De\c1opment Code Prepared b\ C\ ndl Hardlll ASSIStant Pl~~ Director A.SSI stant Planmng Director A ppro\ al td:J!Jt--- /1by Pl<lMmg Director ApprO\,al .\ttleh ments Location Map Zomng Map AendlPhoto Pholo of to\\ er sundar 10 the proposed 10\\ cr Application Page 7 ~, City of Clearwater Memo To: Clearwater Commumty Developm~B~mbers From: Ralph Stone, Planning DlrectoF-V Date: 11/24/99 Re: ReconSideration of Amencan InfoAge Communication Tower case After the last COB meeting, a representative from AT&T (Kevin Becker) faxed me a letter (dated September 16, 1999) stating the company's WIllingness to diSCUSS the possibility of siting a new multl~camer monopole at the Clearwater HIgh School Site I followed up With a call to Mr Becker dunng which he rerterated A T& T's Willingness to work on a solutIon at the I high school site Based on comments and correspondence from AT&T, and the article In the St Petersburg Times, there IS some Interest by neighbors to have the case reconsidered Under the Board's rules of procedure, a case may be reconsidered at the request of the Planmng Staff, applicant or Interested party and must be requested at the next regularly scheduled meeting of the Board A reconsideration or reheanng shall only be granted upon a detennlnatJon by the Board that their deCISion was based on a mistake, fraud or misinterpretation (refer to attachment) I wanted to let you know the status of the case 1 have Included Mr Becker's correspondence and an article from the Sf Petersburg Times about the case If you have any questions, please do not heSitate to contact me at 727-562-4583 Attachments as noted \\MS2\PDS\C D8\correspondence\memo - comm tower reconsideration doc AT& T Wh"clcss Services . 501 East Kennedy Bl....d Sult8 1100 Tampa Ftonda 33602 (721) 460-9911 (813) 221-6850 Fax 5MA1L Ke\lW'1 c beCker@attwS com F X DATE: TO: COMPANY: FAX NUMBER: FROM: PAGES: RE: November 17. 1999 =0~\~~n~ c-- =. L;; d ~ L:::: \ \ ' L IIJIIll" J PLANNING & DEVELOPMENT SERVICES CrTY OF CLEARWA.TE~ Ralph Stone City of Clearwater 727-5624576 (?) Kevin C Becker CoIJocabon Manage ~ Southeast Region 727-46CJ..9911 2 AT&T Srte T A.20 l8ayvJew Plnellas County School Board Recent Approval of a Second T elecOmmumr..atlOn6 Tower MESSAGE: ThIS letter to the School Board was conspIcuously absent from yesterday's agenda as well as the fact that no one from AT&T was contacted for comment on the SituatIon Please call to diSCuss at your ear1lest convenience to 17 ~-Il0i_AM September 16. 1999 SERVICES CITY OF ClEAAWA"'SR AT&. T W t'$'9foS SQ!'JlC9S, Suite . 1 IX 50 1 t: K.,..,f'liOy BI"a TQf!1oa "l 3J602 813 222-55.51 FAX _81.3 221.ca5D JIm Miller PlnBllas County School Board 11111 Belcher Road Largo, Florida 33733 RE AT&T Site TA.20 I BaYVlew leased from PlneJlss County School Board !550 Arcturas Avenue South, Clearwater, Flonda Dear Mr Miller Pursuant to our conversation yesterday, A T& T \Njreless IS very much In favor of the POSSibility of collocating other telecommunicatIon earners at the above referenced site AT&T Wireless has taken a pro-active stance when it comes to collocabon among the telecommUnication earners, As Collocation Manager for AT&T Wreless for the Southeast. my office has completed over 200 collocatIons onto AT&T sites In the State of Flenda alone , However, the existing tower at thiS location cannot accommodate the additional loading brought upon by any such coUocatJon nor can It be strengthened In any way to allow It to handle the addrtJonalloading of an another telecommunlcatlon carrier AT&T has been approached by several camers With requests to collocate on this tower, but due to the Inadequacy of the eXisting structure and the Jack of dialogue between A T& T and the School Soard, we had to deny thel( applicationS to collocate As our conversattOn SUrTnlsed, both AT&T and the School Soard are WIlling InvestIgate WOr1<lng together With Interested parbes to replace the eXisting structure with a monopole that could accommodate several telecommunication camers, thus eliminating the need for any additional towers within the Immediate community . Should you have any questions please contact me Sincerely , ;LC~~ KeVin C Becker Site AcquiSItion and Collocation Manager 727-460-9911 USA OQ9 ~""N" Q ~(9 Rgcy"la" Papa. AT&T says it's willing to share phone tower L]t. 'YCiUSturo \ \ fit/(.. 7 . _ _.... l;~ ~I""" .. Itll.......- ~nt.. CLE...~R\V -\TER - ,"'''en the ctty's CommUNty Development Board voted to approve a 16l}foot ce\lular phone to.....er on Tuesday, members d1dn't have the benefit of an the mformatlon they needed to make t"elr deCl::.lon ::.a~ s an AT&T spokeswoman in argUing to persuade the board to approve the to.....er. .\mencan InfoAge and the company's Dun- edm at10mey John Hubbard, Suggested It had to be bUllt beC:lu:;e ~1:n~:T .....auld not allow compebtors on another tower Rlo'arbv at Clearwater High School AT&T actually was W1lling to allow other compa- rues to \ocate together on one tower, say<l AT&T spokeswoman Noel Perlons. based in Orlando The tower at the school ought not have been long PRough or strOng enough to hold everybody But AT&T wanted to work out an agreement to budd a new tower at the school that could have accommodat- ed everyone, PerkinS S31d The CIty board decIded not to Walt for such an optlon to be explored. after Hubbard and American InfoAge president Miller cooper lIlSISted a deal could never be worked oul ARTICLE V1 Bl .D ACTION A.~D EffECT OF O[C1SIO Sccllon I Board DeciSion " wnW:n dC'\elopmt:nt order shall be: Issued wtuch confirms lk Board's decISion Tbc devcloprMnt order shaH be etfo:tr..t: upon slgnarure by the Cha1rpcnon o(lk Board s.:ctJon 2 Tunt: LIfT\lLS on AODrQval, An appltcauon (or a bUIlding penme must be requested 9Io1thu1 one year or the developmt:nt order and all cc:ruficates or oo;upaocy shall be obw QCd"wtUun one year of the Issuance of the In.JtW bwld1ng pertDJt. unless dr.ffercnl ume frames are establuhed Ul the lkvtlopmt:Dt order Tbc Board may grant an exttQSJOII o( 1I me o( up 10 one }QI pro\-Ided that me extension request IS made pnor 10 t:qlll4lloa or the ong! naI appro..al (coc SectJon .!-407) An appltcant shall ha..e the responslblht) of ldenuf}lng a rc.alJsuc schedule based on me comple:oty of the proJec:t and ma) propose a phased sc hedu.le for the proJo;t. Appro.. at or a scheduJe other than lha1 descnbed abo\c shall be: at the wscrcLJon or the Board depending on Lhe projCCL Secuon J ReconslderalJOn or Reheannll!: A rcconslderauon or reheanng of a deciSIon of the Board may be requested by the Plannmg St.tft'. applicant or Interested party and must be requested .11 the next ~gularly scheduJed moellng of the Board A reconslderauon or ~heanng sh.a.ll onJy be granted upon I detemunauon by the Board that tbelt dcc1slon was based on a nusuke fraud or fTllsreprescnt.aLJon [{ the Board dccuScs to rehQI aD apphcauol1. DOlIO: of !.he rehcanng shall be pro\,ded to the same manner as reqwred for the ongmal apphcauon (CDC SecLJon .!-206) $cct.lon " ~ An appeal of a dccIslon of !.he Board ma} be lake to a Heanng Officer as prescnbcd III the Code (CDC Article .!, 01\1510n 5) "RTlCLE \U "\lP.D\lE"'lT TO THE RlLES OF PROCEDLRE The Board ma) amend lhese rules of pcocedure from lime to ume as IS ceqwred. AJI amendments shall reqw re the affl rmaU\ e .. ote o( (our me mbers of the Board. When the Board CORSlliers an amendment to the Commwut) OC'\elopment Code, 11 shall also C'\-a1uate the need ror any m1SIon to these rules of procedure Ongmally adopted th1s 6TKday of ApnJ. 1999 Amendments , , To:City of Clearwater Planning and developmenr-admin From: Joseph A Hitch 510 Virginia Ln Clw FL 33764 request to have a reconsideration at the December 14 1999 meeting _ of the community development board regarding the decision from the Nov 16--1-999 meeting, regarding the approval to put a 160ft telecommunications tower at 505 Virginia LN.Either through misrepresentation or mistake the following document from Mr Kevin C Becker (Site acquisition Manager for AT &T)to Mr Jim Miller dated Sept 16 1999 was not brought to the attention of the board,stating to the effect that AT&T and the school Board are willing to work together with interested parties to replace the tower on school board property to accommodate everyone. Letter # 2 was a fax from Kevin Becker to Ralph Stone that nobody from AT&T was contacted to appear at the meeting to represent their side.! would like the chance to bring this up at the next meeting for discussion ,/ ,- .:' -. ~ ~. h~k au' ~ - ~ Mr Ralph Stone C It)' of Clearwater Planning and Development Department POBox 4748 Clearwater, FL 33750 Dear Mr Stone, I am wntlng to you regarding the Amencan Info Age Cellular tower case When the City commiSSion accepted thiS proposal they were under pressure from John Hubbard, (Dunedin attorney) to make qUick decISion The City commiSSion approved thiS measure for the cellular tower to be bUilt, based on false IOformatlOn provided by a testifying witness from Nextel Communications ThiS mdlVldual stated that AT&T said they would not conSider a proposal from Nextel to add them on thelf eXisting tower on Arcturas Although the conumSSlOn proposed a SIXty day waiting penod to continue trying to work out an agreement WIth AT&T to co-located on the II cellu lar tower The comm ISS Ion was ffilS Informed on AT & 11x>sltIOn, accordmg to thiS enclosed article Therefore, based upon false testImony, I would like for the commiSSIOn to appeal thiS decIsion to let Amencan Info Age bUild thiS tower, WIthout fully exp Ion ng the prospect of co-Iocau ng With AT&T's tower or the possIbility of bulldmg a new tower on the same site In the enclosed article Noel Perkins affirms that AT&T IS wllhng to co-locate different cellular prOViders on the same tower or posSibly have another tower bUilt on the same location site The school board IS In favor of worklOg out an agreement to do the same I believe Mr Hubbard represents both Mr GeorgJlas (owner of 505 Virginia) and Mr Cooper, (PresIdent of Amencan Info Age Cellular) tv.o IOdlvlduals that have absolutely no IRcentlve (financially) to come to an agreement With AT&T By allowmg construction of this tower dlfectly adjacent to a residential community, (1 believe the proposed tower site IS zoned multi family) the Cny of Clearwater would be able to witness thiS 160+ft monster from Gulf to Bay. the scemc comdor that the City IS workmg to beautify Our CIty commission needs to appeal their decisIon to let Amencan Info Age Cellular butld a tower on Mr Georgllas's property Our communIty does not want to have a cellular tower nght outSide our front doors Although our community does not have legal representation, I beheve that we have the TIght to express our opmlOn that the City should reconsIder thell' position m bght of this new mformatlon Thank you for your consideratIon concerning thIS matter Si;2/J(~ Michael E Baralt (727)797-0600 or (727)443-5479 1835 Pme Street. 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September 10, 1999 Memo To Commumty Development Board Me~ber~ Fr Ralph Stone, Planmng Dlrecto~~ Re Clearwater High School Cell Tower DISCUSSion with the School Board At the direction of the Commumty Development Board, subsequent to the deferral on the request of Amencan InfoAge for a cell tower at 505 Virginia Lane, the Planmng staff contacted the Pmellas County School Board to discuss the status of the cell tower located at Clearwater High School The Plannmg Director met With Mr Jim Miller, Director of Real Estate for the School Board at their office on September 1, 1999 M r Mill er Indicated that the School Board was aware of the application near the hIgh school and understood the alternative to co-locate additIOnal vendors on the school board site rather than add an additional tower nearby He contacted the school board attorney, who referred him to Mr John Feraca, Chief of the Pmellas County Campus Police Department, who had been actively mvolved With the cell tower Issue at Clearwater High and had been mvolved In diSCUSSIOns With AT&T, who IS the vendor at the high school At the same time, Me Miller Cooper representmg Amencan InfoAge had also contacted Mr Feraca regardmg the status of the Clearwater High tower Me Feraca provided a letter to Mr Cooper, dated August 18, 1999 which mdlcated that the School Board had assumed ownership of all towers and monopoles on School Board property and that the School Board had no plans for any modificatIons on any of the School Board towers or monopoles Dunng the week of September 6, 1999 the Plannmg staff followed up With a call to Mr Jim Miller at the School Board to confirm the mformatlon m the letter from Me Feraca Mr Miller mdlcated that he would contact Mr Feraca and confirm the mformation contamed m hiS correspondence The staff indIcated to Mr Mlller that we needed some mdlcatlon of whether any Improvement to the Clearwater High School towere would be made m the near term, one year, so that the Commumty Development Board could make a deCISion regardmg the Vlrgmla Lane applIcatton The staff mdlcated that If any Improvements were longer than one year out, the Improvements would not be timely enough to change the staff recommendation to approve the application The staff also requested that Mr Miller or the most appropnate member of the School Board staff be present at the Commumty Development Board meetmg to diSCUSS the School Board's posItion on the Clearwater High tower Me Miller mdlcated that he would attempt to proVide representatIOn at the meetmg As of th I S date the staff has received no other correspondence from the School Board ~ ~---- However, based on the mformatlOn contamed m Mr Feraca's letter It appears that the Clearwater HIgh School tower IS not an optIOn at this time Recommendation Based on this mformatlOn, the staff recommendation regardmg the application contmues to be for approval of the application subject to the conditIOns outlmed m the staff report Cc Jim Miller, Real Estate Director, Pmellas County School Board Ii WALTER POWNALL SERVICE CENTER IIlIl s.. 8d.c her Road Largo R. )317) (727) 511-)526 School Board of Plndlas County, FlOrida Cha I rrrul n Lee Benpmln VICe ChaIrman \lax R ~ner Ph D Nancy N Bosrock Jane GalluccI Susan Latvala Linda S lerner Thomas C Todd Supenntendenl J Howard Hinesley Ed D PINElLAS COUNTY SCHOOLS August 18, 1999 gOVE'fJlm ~ "gu.tflnj cllwatd !WmJtvt Mr. MIller M Cooper Amencan InfoAge, LLC 2727 Ulmerton Road, SUIte 230 Clearwater, FL 33762 Dear Mr Cooper' The School Board of Pmellas County has assumed ownershIp of all towers and monopoles on our property from AT&T. Currently we have no plans for any modIficatIOns on any of our towers or monopoles In the past, AT&T expressed an mterest on the Arcturas tower SIte of removmg the <;tructure but apparently lost mterest as they have not pursued and countered our offer AT&T had proposed a shorter monopole from the current 150 foot tower, whIch would have affected the Board communIcatIon If we chose to use It. PI nellllI Cou nt)' Si; hoots 15 an eql.llll Ilpportunlly I nstll u!lO n fo r ed ucallO n /l nd employment Jo eph ~raca, ChIe~ PInellas County Schools Campus Police Department cc: John Bowen, School Board Attorney Pnnled on Recycled Pllper 6 COB Meeung Date luh' 20 1999 Agenda Item l!.J2 CITY OF CLEARWATER PLA.t"'l'NJNG AND DEVELOPMENT SERVICES ADMINISTRA nON STAFF REPORT BACKGROUND [NFORMA nON: APPLICANT Wilham and Hope Georgtlas REPRESENT A TIVE Amencan Infoage, LLC LOCATION 505 Vtrgmla Lane REQUEST Aei\lble development approval to construct a 160 foot tall telecommunlcaUon lOwer and three concrete pads on which to place the eqUIpment PLANS REVIEWED SlIe plan prepared b) Natlonal Data & CommumcaUons dated 6/18/99 SITE IN FORMA nON: PROPERTY SIZE 13 900 square feet PROPERTY USE Current Use Proposed Use Office Office and commumcatIon tower PLAN CATEGORY CommerCIal General ZONING DISTRICT Conunerclal DlstnCt ADJACENT LAND USES AdJ3ccnlland uses are commerCial STAFF ANALYSIS Amencan Infoage proVides towers to the commumcatlon mdustry for lhe collocatIOn of antennas Amencan Infoagc IS requestmg fle'\.lble development appro\al to construct a 160 fool tall tower capable of supportmg at least three antennas The eustIng office buddmg will remam on the site and contlllue to be used as an office The tower WIll go to lhe east of the bUlldmg There are no standards (setbacks. lot WIdth, elc ) III the CommerCial Dlstncl for commumcaUon 10\\ ers There are however, three cntena for telecommurucatlon to\\ers In the Commercia] Dlstnct Page I J ! CRITERIA FOR TELECOMMUNICA nON TOWERS (SectIOn 2-704 L): 1. No telecommUDlcAtlon tower IS located on Cleam ater Beach. The tclecommulUcatton tower IS located one hundred feet south of Gulf-to-Bay Boulevard and WIll not be located on Clearwater Beach 2. Ir tbe telecommUDlcatlOn touer IS located wlthlD a scenic corridor deSIgnated b) the CJt~ of Cleamater or a '\cemc noncommercial corridor deSignated b~ the PineJlas Planning Council, the apphcant must demonstrAte compliance with the design Crltena 10 those deSignatIOns. The telecommUnication tower IS not located \\ Idun a scemc comdor deSignated by the Clt\' of Cleanvater 3. The deSign and construction of the tclecommuDlcatlOD touer complies wIth the standards ID Article 3 DhislOn 20: 1. JOlOt use of eXisting to,,"ers reqUIred as an altematne to new tower construction. Jomt use of eXIsting telecommuDlcations towers or other eXlstlOg bUlldmgs or structures is required as an alternative to new tower constructIOn wheneler feasible. Therefore, an)'one consldenng new touer constructIOn, must first explore other options. Prior to the Issuance of an~ buildmg pemnt for a new tower, a determmatlOn must be made that no eXIsting touer or other structure IS available as a reasonable alternative. An apphcant requestmg a penmt for a new tower shall submit eVIdence to the elt), that supports a conclUSion that no reasonable use can be made of an)' ellstlOg touer or structure. The evidence shall clearly establish one or more of the followmg condItIOns: a. No eXlstmg tower or structure IS located ulthm the geographic area reqUired to meet the applicant's cm'erage reqUirements. b, E>.istlOg to"ers or structures are not of suffiCIent height to meet the applicant's engmeenng reqUIrements. c. EXlshng towers or structures do not hale suffiCIent structural strength to support the apphcant's proposed antenna and related eqUipment. d. The apphcant' s proposed anten na wou Id cause electrom aguetlc interference "lib or "ould be mlerfered wltb b) otber antennas If placed on any eXlstlOg to\ler or lItructure. e. The fees, costs or contractual prollSlons required b) the owner in order to share an eXlstmg tower or structure for a lime penod of tweDty~five (25) yearll, exceed the cost of del'elopmg a new tower. f. It IS nol financIally feasIble to modlf)' or replace an eXlStmg tower to accommodate the proposed antenna. g The apphcant demonstrates that there are other legitimate limiting factors that render eXIsting towers and structures unSUItable. Page 2 -~ The applicant has stated that the proposed tower must be located In IhlS geographic area In order 10 cover a specific range of broadcasting The only other tower In thiS area IS located on the Clearwater High School property and IS O\vned by the Pmellas County School Board and leased to AT&T ThiS tower IS In poor condlllon and neither the School Board nor AT&T has plans to Improve It The applicant has stated that the eXISting tower cannot structurally hold any more weight and therefore cannot accept any more antennas The applicant however, has not subnutted eVidence from either the School Board or from AT&T to support these conclusIOns Staff recommends that a conditIOn of approval be that pnor to the Issuance of a de,clopment order, the applicant must submit eVIdence SUpportlOg the poor condlllon of the eXIsllng lower located on the Clearwater HIgh School pro pert) 2. Jomt use of new towers reqUired. JOInt UfiC of any new telecommUnications tower IS reqUlrcd wbene\Cr feaSible. In order to promote jomt use of new towers, pnor to the Issuance of a buildmg penmt for a new tower, the apphcant shall demonstrate a commitment to Jomt use as follows: a. Sohcltatlon of additIOnal users The applicant requefitmg the permit shall submIl e\ldence to the City demonstratmg that a genume effort has been made to sohclt additional users for the proposed new tower. E\ldence of this effort shall mclude, at miOlmum, copies of notices sent by registered mad, return receipt requested, to all other prOViders of cellular and personal communication services in Pmellas County, Flonda, ad\ismg of the mtent to construct a new tower, Identlf:ymg the locatIOn, inViting tbe Joint use and shanng costs, and requestmg a written response wlthm fifteen (15) da)'s. The apphcant has subnutted proof that he has comphed With these reqUIrements The letter, the list of users that the letter was sent to and the copies of notices sent by registered mall are attached to the applicatIOn b. Agreement to allow future Jomt use. The applicant shall Sign an instrument, wblch shall be mamtamed by the City, agreeing to encourage and promote the JOInt use of telecommunications towers Within the City and, to that e'dent, committing that there shall be no unreasonable act or omission that "ould hale the effect of excludlOg, obstructmg or delaYing the Jomt use of any tower where fair and Just compensatIOn IS offered for such use. The applicant has Signed an agreement and submitted It with the apphcauon agreemg to encourage Jomt use of the tower The applicant, Amencan Infoage. IS C'\cluslVel) In the bUSiness of supplymg tov.ers for collocatlon 3. DeSign Standards. a. Height 5mgle user to"ers are allowed a maximum height of one hundred and menty (120) feet Towers deSigned for Jomt use may be greater in heIght prOVided the additIOnal height IS constructed comcldent With the actual use. Furthermore, eXIsting conforming towers ma) be mcreased m height to accommodate additIOnal users With a Le,el One Approval. Towers deSigned for two users are allowed a maximum height of one hundred and fort), (140) feet. Towers designed for Ihree (3) or more users are allo"ed a mUlmurn height of onc hundred and sixty (160) feet. Page 3 / As previously mentioned. the applicant IS m the bus mess of collocatIOn and profits from maXImIZIng the use of the tower The applicant has stated that the tower will ha\e more than three users and, therefore, has proposed a to\\er or- one hundred and Sixty (160) feet tall The applicant has also stated that contracts \\lth users are not ~et finalized but should be final poor to the Board meetmg Staff recommends that the approval be for a one-hundred foot to\\er (one user) unul the Amencan Infoage subm.Lts contracts Wlth three users b. Setbacks. i. From residential uses. Towers shall be set back from eXlstmg residential uses a distance equal to the height of tbe tower. The distance shall be measured from the base of the to\'! er to the residential property hne. The property IS surrounded by commercial uses The applicant has mdIcated on the site plan, and the staff has \ enfied that the nearest residential use IS located one hundred and SIXty (160) feet from the proposed lower localton Ii. From hlstonc distncts and listed structures. Towers shall be set back a mimmum of fi,e hundred (500) feet from any NatIOnal Regaster Hlstonc Dlstnct and from an) mdivldual structure hsted in the National Regaster of Histonc Places. No National Register Histone Dlstoct or md1VIdual structure listed m the National RegIster of Histone Places IS located wltlun 500 feet from the proposed tower Iii, From property hnes. Towers shall be set back from property hnes 10 accordance with the requirements set forth ID the zonlDg district regulatlODs. There are no setback reqUirements set forth m the zorung dJstnct for telecommumcatlOn towers The proposed tower and concrete pads on wruch to locate the commumcations eqUipment are setback from the propert) hnes based on the buffer requuements wruch are ten feet from the Side and front property hnes c. Color and fiDlsh. Except for pamtlDg or markrng reqUired by the FAA, to\'!ers and supportmg structures shall be a neutral, non-glare color or fimsh, so as to reduce ViSUal obtruSIVeness. l The tower appears 10 the sub mined photographs to be firnshed In a reflective metallic color HO\vever the applicant has stated that the tower IS of a nonreflective neutral color Staff recommends that as a condltlon of approval the applicant submit a color sample poor to the Issuance of a bUlldmg permit d, FenclOg. Towers shall be enclosed by a SIX (6) foot high seeunt)', masonry or ?toad fence. A six-foot high cham hnk secunty fence IS sho\\n on the submmed site plan e. LandscapmglScreening. The pcnmcter of the tower site shall be buffered With sbrubs selected and placed to screen the base of the tower and, to the extent pOSSible. With trees selected and placed to mimrnlZC the vertical scale of tbe to,,"er. A mlDlmum of ten (10) feet of landscape buffer shall be pro,ided around the outside of the reqUired fencing. The landscapmg design requires appro\'al of a landscaping plan bJ the Page 4 Community De\elopment Coordmator as a Le'el One Approval 10 accordance with the prO\1SlOnS of Article" Division 3 of this Development Code. The applicant has not shown 10 feet of landscapmg around the tower fence However, there IS ample room to locate the tower closer to the e'\lstmg bwldmg m order the comply \\-'lth thJS reqUirement The applicant has mdJCaled on the site plan that the tower site WlII be surrounded by penmeler plantmg III compliance "''lth the City'S regulatIOns The applicant IS provldmg the required buffer along Vlrgmla Street m addltlOn to the buffer reqUirements for conunuDlcatlOn towers Staff recommends as a condillon of approval that the applicant submit a revised Site plan sho\V1ng the tower five feet closer to the eXlstmg bmldmg and a landscape plan sho....'lng the reqUired buffer around the tower fencmg as well as the number and types of plant speCies pnor Lo the Issuance of a development order f. lIIummation. Towers shall not be artificially hghted except as reqUIred by the FAA. At tlmc of constructIOn of a tower, In cases where there are residential uses located within a distance which IS three hundred percent (300%) of the height of the toner from the tower, dual mode IIghtmg shall be requested from the FAA. The tower IS not required to be 11lummated by tbe FAA and the applicant has nol proposed to l11ummate the tower g. Appurtenances. Appurtenant buildmgs and structures shall conform to the standards set forth m the zonmg dlstnct regulahon~ Such bUlldlOgs and structures shall be screened from adjacent properties and public streets. At a tOller Site, deSign of the buJldlOgs and related structures sball, when practicable, use matenals, colors, textures, screening, and landscapmg that will blend them IOto the natural setting and surrounding bUlldmgs to mmimize the 'usuallmpacL No appurtenant bUlldmgs are proposed at thiS tIme The applicant has proposed slabs on which the users will place their bUlldmgs and eqwpmenl The slabs are screened from adjacent properties and streets by proposed landscapmg Staff recommends that a condition of approval be that all to\\er users place bUlldmg and equipment onl) on lhe approved slabs h DeSign. To tbe exteot prachcable, the tolter shall be designed to blend mto tbe surroundang envlfonmenllO order to protect Ibe aesthetics of the nelgbborhood nhere the tOller IS proposed The proposed lower IS located m the mtenor of the propcrt) and IS not VISible from any street The property on WhICh the tower ",,11 be located IS more than one hundred feet from Gulf-to-Bay Boulevard and Will be landscaped to reduce any adverse Impact of the to\\er on the appearance of the surroundmg commerCial properties i. Waa"crs. The design standards Identdied above may be reduced or waIved If such reductlOD or \\ aiver would better satisfy the anteot of thiS DiVISIon and such moddicahon or wal\'cr IS reviewed and decided by the Community Development Board an concert with the applicatIOn (or a Level Two Appronl. The applicant has not requested any wmvers of the deSign standards Page 5 .. Advertising prohibited; required slgnage and security. No tower shall be used for advertISIng of any t)-pe, and the placement of Signs, other than "'ammg SignS and small mior mat on placards "'Ith emergenq and o",ner mformation, IS prohibited All towers must be reasonably posted, ID accordance with the Cit) of Clearwater Sign ordmance, and secured to protect agamst trespass. The apphcant IS not proposmg any advertlsmg 5. Installation and maintenance standards. Owners shall mstall and mamtam to",ers, telecommuDlcations facihtles, wires, cables, fixtures and other eqUIpment In compliance with the requirements of tbe National ElectriC Safety Code and all FCC, state and local regulations, mcludmg adopted bUlldmg codes. Pnor to the Issuance of a certificate of occupant)' for a tower, the applicant shall proVlde an engmeenng certification that the proposed structure meets such regulatOr)' standards, mcludmg adopted buddmg code standards for wind "eloclty. All towers sball achielC and mamtam compliance with current radiO frequent) emiSSIons standards promulgated by the FCC. The apphcant will comply \Vlth these requirements pnor to the Issuance of a Cerhficalc of Occupancy 6. Removal of abandoned antennas and towers. Any telecommUnication to",er tbat does not support an operating antenna for a penod of twelve (12) consecutive months shall be conSidered abandoned and shall be removed or reactivated upon '" rltten notification h) the City within Slxt)' (60) days of Said notIfication. Fadure to do so shall constitute a "iolatlOD of this Development Code. Not applicable since no tower currently e\...lsts on the sIte STAFF RECOMMENDATION: Based on the apphcatJon and the sIte plan, staiJ recommends approval of the request sub milt cd by Amencan Infoage to construct a telecommUJUcatlOns tower at 505 Vlrguua Lane with the follo\\1ng condItIOns Approval shall be IrutIally for a to\\er 100 feet m height unless the applicant submIts Signed contracts to the Plan rung Department from three users dunng the effectIve penod of the de"clopment approval as speCified I.ll SectJon 4-407 of the Commumty Development Code If the applIcant submits SIgned contracts from three users, the approval shall be for a 160-foot conunurucatlon lower 2 The apphcant shall submit contracts '\\lth three users pnor to the Issuance of a bwldmg pemut for a 160 foot tall tower 3 The applicant shall submit a color sample of the lower mdlcatIng that the color IS nonreflectJ\e pnor to the Issuance of a bUlldmg penUlt 4 The w\\er users shall place theu bUlldmgs and eqUIpment only on the appro\ cd slabs mdlcated on the sllC plan Page 6 -~ 5 A landscape plan mdlcatmg plant specIes and numbers and location of plants shall be approved by the staff pnor to the Issuance of a development order 6 Pnor to the Issuance of a development order the applICant shall submJt eVldence supportmg the poor condll1on of the eXJstmg tower located on the Cleanvater HIgh School property 7 Pnor 10 the Issuance of a development order, the applicant shall subrrut a revIsed site plan local 109 the tower five feet closer to the eXlsung bUlldmg and lOdlcatmg a 10 foot buffer around the reqUired tower fencmg Prepared by Antorua Gerh, Development Review Manager Assistant Planmng Dlfector Approval Planmng Director Approval Attachments LocatJon Map Zonmg Map Aenal Photo Photo of tower Slflular to the proposed tower Application Page 7 WALTER POWNAll S ER VICE CENTER III II S Iklch~r Road largo Fl 34M) laD) 54 I )526 FAX (aD) 547 7222 School Board of f'ln~ Ua.s County flonda ChaIrman ~ndr~a M Thacker "Ice Chairman COrl nne Fr~e ma n Lee Benpmln [ uclle 0 Casey 6lrbara J Crockett ~U;J n Lal vala ! .nd" 5 Lerner ~upertnle nden t I He.... a rd Hmesl ey Ed D Plnel/al CounlY X~OOIIIl .z" eq"a I oppo rl" n Ity I n,l (( "lIon fo red "ell lIon .znd ~mp/oym~nl Q C '-I f PINEllAS COUNTY SCHOOLS qounnot ~ din/ulJ c/!wa J t11Icnn.n September 6, 1996 GTE Mobllnet A TTN Mr Robert Hardee 5303 Commerce Park Boulevard Tampa, FL 33610 FAX 282-64 70 Re Clearwater High School- CommunIcation Tower Dear Mr Hardee I am 10 receipt of your request to collocate cellular antennas on the commurucatlon tower located on the Clearwater High School site Per our phone conversation, the School Dlstnct has agreements With two commUniCatIOn companies, AT&T Wireless and GTE Mobilnet, for the installatIOn and operatIOn of commUniCatIon towers and eqmpment on School Board sites We entered mto these agreements to meet the commumcatlOn needs of the School DlstnCt Our commUnICatIOn needs have been met, however, we must protect the Integnty of our eXlstmg system and mamtam capacity for future s)'stem modificatIOns The Dlstnct will not allow any more commurucatlOn towers to be constructed on our Sites until they are necessary to meet future commUnICatIOn needs of the Dlstnct The School Dlstnct has preVIOusly turned down SImIlar requests from other cellular commumcatlon companIes to use our eXlstmg towers The Dlstnct does not deslre to sublet any of the eXlstmg commUnicatIon to\",ers, therefore, the Dlstnct staff lS not recommendmg your request for the collocatIOn of ceHul{lf St'TVlce on the eX1StIng AT&T wueless commUnIcatIon tower at Clearwater HIgh School If you have further questions, do not hesitate to call me at 547~7286 kerelY, {1m~/~or Real Property Management cc J Howard Hmesley, Ed D, Supennlendent of Schools lohn Bowen, School Board Attorney BIll Williamson, Area I Supermtendent Walter Miller, ASSOCiate Supenntendent, InstItutIOnal Services Tony RIvas, DIrector, Faclhl1es JM Ii com\Iu\GTE Mobllnet Clwtr High {ower Prlnred on Recycled P~ptr AT&T - - - AT& T W,reless ServIces SUIte 1100 50 1 E Kennetly Blvd Tampa FL 33602 813 2225567 FAX 813 221-6850 September 5, 1996 Me Robert Hardee GTE Mobllnet of Tampa., Inc 5303 Commerce Park Blvd Tampa, Fl 33610 Re Bayvtew Site Arclucas Ave Clearwater, F1 Dear Bob Please be adVIsed that the Ptoellas County School Board (Jvfr James Miller) Informed me that they ....ere not mterested In any co-locatIOn actl",ty at the aforementioned site 1 strongly suggest that you might contact him personally If I can asSist you to lhe future please contact me Cordtally, Rc~~~ Site AcqlllsllIon Manager ro \be Recycled Paper 1 3 540 N F La RID A /-,. 5 U IT E 203 TAM P A, FL' 11 3 (81 3) 960.0002 ~ PATE ENGINEERING INC. RECEIVED JAN 0 8 1996 SYSTEMS ENG!r.:rf:I1!~1(; January 3, 1996 GTE Mobllnet 600 N. Westshore Blvd SUite 900 Tampa, FlOrida 33609 Ann fvir Raben. Kersteen Re 140-Ft Self Supportmg Tower Keene (Clearwater) SIte Our Job #95-320 Dear Mr. Kersteen In accordance With your Instructions, Pate Engineering has analyzed the eXIsting 140-foot tovver located at the "Keene" site In Clearwater ThiS tower IS an existmg A T& T Wireless Services cell Site The anginal tower IS a Rohn SSV vA11ch has been modrfied The mod rfi catIon des Ign was don e by Pate E ng In eenn g In 1 990 u nd er 0 ur Job #90-126 Th IS modification added three additional legs to the tower up to the 120-foot level On December 7, 1995, the tower was surveyed to update the eXisting antenna loading Analysis Outline: 11115 tower has been analyzed under the followmg conditions: EIA 222-E for 105 MPH wmd on the tower face EIA 222.E for 105 MPH wmd on the tower comer EIA 222-E for 105 MPH wmd parallel to a tower face The cases consIdered all the applicable loads due to deadweIght of the structure and appurtenances and the effects of wmd on the tower structure, antennas and anCillary Items, such as ladders, cables and platform antenna mounts Assumptions: 1 For the purposes of thiS analYSIS, It IS assumed that all bolts, welds, members, etc are In good condltlOn and not degraded by rust, corrosion or cracks Re Keene Site Our Job #95-320 2 The transmIssion lines ~re assumed to be evenly distributed over three (3) faces or legs of the tower The following is a list of antennas, theIr elevations and transmission IlOes used In thiS analysIs EXIsting Antennas Elevation eFt) Descrlptron TransmISSion LIne 140 130 (9) DB834F OB274 (9) 1-5/8" 7/8" Proposed Antennas 100 (6) DB858 (3) 1-5/8" (6) 7/8" Method of Analysis: The tovver was analyzed In accordance WIth the requirements of EIA 222-E and AISC 8th Edition Extensive manual computations were performed to account for all of the vertIcal (deadweight) and hOrizontal (Vvind) forces on the tower structure The structure was then analyzed uSing the programs STAAO 3 developed by Research EngIneers Inc The resulting nodal deflections and element Internal forces \Vere compared to the manually computed allowable value Results of Analysis: This analysIs, as outlined herein Indicates that the tower IS overstressed as folloW'5 1 1 Elevation OrigInal Leg Added Leg 0- 20 20 - 40 40 - 70 60 - 80 80 - 100 36% 38% 37% 38% 39% 40% 58% 24% 22% 22% 1 2 The onginal and newfoundatlons are overstressed by 100% and 30% respectively 2 Re Keene SIte Our Job #95-320 1 3 Many of the diagonals are overstressed Recommendations: As outlined above, thIS tower IS highly overstressed In my OpIniOn, It \NOuld not be economical to upgrade thiS tower if you require additIonal servlees In the matter, please call Respectfully, By Leroy 3 13540 N FLORIDA, SUITE 203 TAMPA. FL 513 {813l 960-0002 ~. PATE ENGINEERING INC. - January 31, 1996 GTE Mobllnet 600 N Westshore Blvd SUite 900 Tampa. FlOrida 33609 Attn' Mr Robert Kersteen Re 140-Ft Setf Supporting Tower Keene (Clearwater) Site Our Job #95-320 Dear Mr Kersteen ThiS letter IS supplemental of our report of January 3, 1996, concerning thiS tower We have been asked to provide a cost estimate for reinforcing and modrfylng thiS tower I have Investigated several methods of accomplishing thiS I have been unable to find a waf to economically strengthen thiS tower The overstresses are too high and effect too many of the tower members It IS my oplnlon that It would be much more economical to replace thiS tower 'Nlth a new one deSigned to support all of the eXIsting and proposed antennas and l/J1es (f you reqUire further servIces In thIS matter or have any questtons. please call Respectively, By Leroy L Pate, P.E !99 'I,nlh Slrotl Norlh P 0 Bo. bSJ Sl Petersburg Flo"da 13711 n~~ 1 I..m !l22 ~31;- F>\':< 1,2'1 ill! !919 If George E Young, Inc. Tummg \ ISlOn {ilia RC<Jhly \RU un L fl I{l . r \I 1\1 I "1' ( .: \' ,hi' \ \ll \ 1 ,I . I \\1)'.., \ I" '1, 11-;"' '.. - "I . I \' I I . I' I' \ . iT' I -" - ~U'h.':- 1919 July 19, 1999 Ms Cindy Dommo, General Manager Amencan InfoAge, LLC 272 7 Ulmerton Road/SUite 230 Clea'V\'atcr, F L 33762 RE Site on Vlrgmla lane, South of Gulf Boulevard Clearwater, FL Dear Ms Dommo Our office has prepared a drainage calculation for the above Site Based upon the rational drainage calculations, we show 582 CF required for treatment volume and approximately 1 ,286 CF req U I red for a tten u atl on of sto r mwater Your site plan shows a pond 18'x69' and approximately 1 5' deep Based upon the assumption that the sOlis will handle the volume percolation and the seasonal hlghwater table IS below the proposed bottom, the pond should be adequate for the volume required If we can be of further aSSistance, do not heSitate to contact me at (72 7) 822-4317 Very truly yours, RGE F YOUNG, INC f /f;J;:J ohn P Bastow, P E Vice Presldent/Englneenng jPB/par ST PETERSBl,RG. 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"e.. 10 roll JO I J3 0&0 ,." 15 _ of 9 20 ZJ 4.'5 43 I; .', '" '"~ >- Gt ,.., ~ ".... .. \ ~! 16 19 l IcJ ~~ i ... n. ~ e .. 21 .., 11.1 31 Go. 32 2 a II '2 PACt" :='Q2A l 11 lJ 4(1 ~ !Ill l! l! III :17 '!Ill \ i 18 I'-~;~"!' -< :lO~---------~--- rn l! .II' --- ... : .J II> ;; "2 ...... ..... '--' ~ ~ '-V - - -<.J:U- s-- 4 \ \ f'--.j ..... .. .. ..... ..,. .. .. .. .. COB Meeting Date Julv 20 1999 Agenda Item lLl! CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION ST AFF REPORT BACKGROUND INFORMA nON: APPLICANT Wilham and Hope Georgilas REPRESENT A TlVE AmerIcan lnfoage, LLC LOCATION 505 Virginia Lane REQUEST Flexible de\ elopment appro\ al to construct a 160 foot tall telecommufilcatlon tower and three concrete pads on which to place the eqUlpment PLANS REVIEWED Site plan prepared by NatIOnal Data & CommurucatlOns dated 6/18/99 SITE INFORMA nON: PROPERTY SIZE 13,900 square fect PROPERTY USE Currenl Use Proposed Use Office Office and commUnicatIOn lower PLAN CATEGORY CommerCial General ZONING DISTRICT CommerCial Dlstnct ADJACENT LAND USES Adjacent land uses arc commerCial ST"rF ANAL VSIS Amencan Infoage prOVides to\\ers to the commUllIcatlOn lIldustry for the collocatIon of antennas AmerIcan Infoage IS requestIng f1e\.lble development approval to construct a 160 foot tall tower capable of supportlllg alleast three antennas The e\.lstlllg office bUlldlllg WI]] remalll on the sile and contmue to be used as an office The to\\ er \\ III go to the east of the butldmg There arc no standards (setbacks, lot Width, ctc ) 111 the CommerCial Dlstnct for commumcatlon toners There are, howe\ cr, three CrIterIa for telecommumcatlon towers In the Commercial Dlstnct Page I CRITERIA FOR TELECOMMUNICATION TOWERS (Section 2-704 L): No telecommumcatlOn tower IS located-on Cleanvater Beach The telecommunication tower IS located one hundred feet south of Gulf-to-Say Boulevard and \\111 not be located on Clearwater Beach 2. If the telecommunication tower IS located withm a scemc corndor designated by the City of C1earn ater or a scemc noncommercial corndor de'lIgnated b) the Pmellas Plannmg Council, tbe applicant must demonstratc compliance "Itb the deSign crltena in those deSignatIOns. The telecommumcatlon tower IS nOl located \\ Ithm a scemc comdor deSignated by the Clt) of Clearwater 3 The deSign and constructIOn of the telecommunicatIOn tower compl1es With the standards ID Article 3 DI\'lslon 20: 1 Joint use of eXlstmg touers reqUIred as an alternatl\'e to new tol'ter construction. Jomt use of eXisting telecommumcations towers or other eXlstmg bUlldmgs or structures IS reqUIred as an alternative to new lo"er constructIOn whenever feaSible. Therefore, an)one considenng new tower construction, must first explore other options. Prior to Ibe issuance of any buHdmg permit for a new tower, a determmation must be made that no eXisting to"er or other structure IS a,allable as a reasonable alternatn'c. An applicant requestmg a permit for a new tower shall submit eVidence to the City that supports a conclUSIOn that no reasonable use can be made of any eXlstmg touer or structure. The c\'ldence shall clearly establl sh one 0 r more of the folio" 109 conditIOns: a. No eXlstmg tower or structure IS located l'tlthin the geographiC area reqUIred to meet the apphcant's coverage reqUIrements. b. EXisting towers or structures are not of suffiCient height to meet the applicant's engineermg requirements. c. EXlstmg tOl\'ers or structures do not have suffiCient structural strength to support the applicant's proposed antenna and related eqUipment d The applicant's proposed antenna "auld cause electromagnetic IOterference With or would be mterfered \Hth b}' other antennas If placed on any eXlstmg tower or structure. e. The fees, costs or contractual proviSIOns required b)' the owner in order to ~harc an eXlstmg tower or structure for a time penod of twent)'-five (25) years, e'tceed the cost of de\ eloplOg .l nen to,", cr. f. It IS not finanCially feaSible to modify or replace an eXlstmg tower to accommodate the proposed antenna. g. The applicant demonstrates that there are other legitimate limiting factors that render e).istmg towers and structures unSUItable. Page 2 The applicant has stated that the proposed tower must be located 10 thiS geographic area 10 order to cover a speclfic range of broadcastmg The ~mly other tower 10 thiS area IS located on the Cleamater HIgh School property and IS owned by the PlOcllas County School Board and leased to AT&T TillS toner IS In poor conditIOn and nellher the School Board nor AT&T has plans 10 Improve It The applicant has stated that lhe e\.1stmg toncr cannot slructuraHy hold any more weight and therefore cannot accept any more antennas The apphcant. however has not submitted eVidence from either the School Board or from AT&T to support these conclUSIOns Staff recommends that a conditIOn of approval be that poor to the Issuance of a development order, the applicant must submit eVidence supportmg the poor conditIOn of the eXisting tower located on the Clearwater High School property 2. Joint use of ncu to\\crs required. Jomt use of an) ne" telecommunicatIOns tOl'ter IS reqUIred "hene\'er feaSible. In order to promote JOlOt use of new to"ers, pnor to the Issuance of a bUlldmg permit for a new tower, the applicant shall demonstrate a commitment to Jomt use as follows: a. Sohcltatlon of additional users. The apphcant requestmg the permit shall submit eVidence to the City demonstratmg that a genume effort has been made to soliCit additional users for the propo~ed new tower. EHdence of thiS effort shall mclude, at mlOimum, copies of notices sent b) registered mall, return receipt requested, to all other proHders of cellular and personal communicatIOn sen'lces in Pinellas County, Florida, ad\1smg of the mtent to construct a nc" tower, I dcntlf) 109 the locatIOn, iD\ itm g the J oint use and sh a ri ng costs, and requestmg a written response withm fifteen (15) da)'s. The applicant has submitted proof that he has compiled With these requlfernents The letter, the list of users that the letter was sent to and the copies of notices sent by registered mall are attached to the applicatIOn b Agreement to allow future jomt use. The applicant shall Sign an mstrument, which shall be mamtamed b) the City, agreemg to encourage and promote the jomt use of telecommunications to\\ers Within the City and, to that extent, committing that there shall be no unreasonable act or omission that nould ha\'e the effect of exc1udmg, obstructing or dela)'lng the jomt use of any toner where fair and just compensatIOn IS offcred for such use. The applicant has Signed an agreement and submitted It wllh the applicatIon agreemg to encourage Jomt use of the tower The applicant. Amencall I nfoage , IS e'\.cluslvel} III the busllless of SUppl}lng towers for collocatIOn J De....gn Standards a. HeIght. Smgle user towers are allo"ed a maximum height of one hundred and twenty (120) feet. Towers designed for jOlRt use may be greater IR height proHded the additIOn al height is constructed cOlRcldent l\' Ith the actual use. Fu rthermore, eXisting conforming towers ma)' be increased in height to accommodate additional users "Ith a Level One Approval. To"ers deSigned for rno users arc allol'ted a maximum height of one hundred and forty (140) feet. TOl\'ers deSigned for three (3) or marc users are alloned a maximum height of one hundred and sixty (160) feel Page 3 As prevlousl) mentIOned the applicant IS In the busmess of collocation and profits from maxlffillltlg the use of the to\\er The applicant has stated that the tower WIll ha\e more than three users and thcrefore, has proposed a tower of one hundred and SI'\1y (160) feet tall The applicant has also slated that contracts \\lth users arc not )et finalized but should be final pnor to the Board meetmg Staff recommends that the approval be for a one-hundred foot to\\cr (one user) until the Amencan Infoagc submits contracts with three uscrs b. Sethacl..s. I. From reSidential uses. Towers shall be set back from eXlstmg reSidential uses a distance equal to the height of the tower. The distance shall he measured from the base of the to" er to the reSidential property hne. The property IS surrounded by commercial uses The applicant has mdlcated on the site plan, and the staff has \enfied, that the ncarcst rcsldenlial use IS located one hundrcd and snJy (160) feet from the proposcd lower locatIOn u. From hlstonc districts and listed structures. TOl,ers shall be set back a minimum of fi\e hundred (500) feet from an)' NatIOnal Register Histone District and from an~' mdmdual structure listed in the NatIOnal Register of Histone Places. No NatIOnal Register Hlstonc Dlstnct or mdlvldual structure listed III the NatIOnal Register of H1stonc Places IS located \\1thm 500 feet from the proposed tower in. From propert)' hnes. To"ers shall be set back from property hnes 10 accordance With the reqUirements set forth in the zomng district regulations. There arc no setback reqUIrements set forth III the zomng dlstnct for telecommUnicatIOn to\\ers The proposed tower and concrete pads on whJch to locate the communicatIOns eqUIpment are setback from the property hnes based on the buffer reqUirements wluch are ten feel from the Side and front property hnes c. Color and finish Except for pamtmg or markmg reqUired by the FAA, to,",crs and supportmg structures shall be a neutral, non-glare color or fimsh, so as to reduce nsual obtruSiveness. The to\\er appears III the submitted photographs to be firushed III a reflective, metalhc color However, the applicant has stated that the tower IS of a nonreflectIve neutral color Staff recommends that as a conditIOn of approval, the applicant subrrut a color sample pnor to the Issuance of a bUlldmg penmt d. Fencmg Toners shall be enclosed b)' a M't (6) foot high secunt)', masonr~ or \\ood fence. A sl'\-foot high cham link secunty fence IS shown on lhc submlUed SIte plan e. Landscaping/Screemng. The penmeter of the tower Site shall be buffered With shruhs selected and placed to screen the base of the tower and, to the extent possible. "Ith trees selected and placed to mlmmize tbe vertical scale of the tower. A mmlmum of ten (10) feet of landscape buffer shall be provided around the outSide of the reqUired fencmg. The landscaping design reqUIres approval of a landscaping plan b)' the Page 4 Commumly De"elopment Coordmator as a Lelel One Appro\al in accordance "Ith the prO\'ISIOns of Article 4 DIvISion 3 of this De\elopment Code. The applicant has not sho" n 10 feet of landscaping around the to\\ er fence However there IS ample room to locate the tower closer to the e\Jstmg buildmg In order the compl) wtth this reqUl rement The applicant has mdlcated on the site plan that the to\\- er site "ill be surrounded by penmeter planting III compliance \\lth the City's regulations The applicant IS pro\ldmg the reqUIred buffer along VlTgIOJa Street III addllIon to the buffer reqUirements for commumcatlon towers Staff recommends as a conditIOn of appro\al that the applicant submJt a reVised site plan showmg the tower the feet closer to the eXlstmg bUlldmg and a landscape plan showmg the reqUired buffer around the lo"er fenclOg as "ell as the number and types of plant speCies pnor to the Issuance of a development order f. U1ummatlOn. Towers shall not be artlficlall) hghted except as reqUIred b) the FAA. At time of constructIOn of a (o"er, 10 cases l'there there are residential uses located lHthm a dIStance "hlch IS three hundred percent (300%) of the height of the tower from the tower, dual mode hghtmg shall be requested from the FAA. The tower IS not reqUired to be lllummated by the FAA and the applicant has not proposed to IlIununate the lower g. Appurtenances. Appurtenant bulldmgs and structures shall conform to the standards set forth In the zOOlng dlstnct regulations. Such buddmgs and structures shall be scrcened from adjacent properties and pubhc streets. At a tOl'ter Site, deSign of the buddmgs and related structures shall, l'then practicable, usc materials, colors, textures, screening, and landscapmg that will blend them mto the natural settmg and surroundlOg buildings to minimiZe tbe vISual Impact. No appurtenant bUlldlOgs are proposed at thiS tIme The applicant has proposed slabs on WhICh the users WIll place their bUIldmgs and eqUipment The slabs are screened from adjacent properties and streets by proposed landscaping Staff recommends that a conditIOn of approval be that all tower users place bUlldmg and eqUipment onh on the appro\ ed slabs h. Design. To the extent practicable, the tOl'ter shall be deSigned to blend mto the surroundlOg enl/lronment 10 order to protect the aesthetics of the neighborhood "here the tower IS proposed. The proposed tower IS located m the lOtenor of the property and IS not VISible from any street The property on whIch the lOwer will be located IS more than one hundred feet from Gulf-to-Bay Boulevard and Will be landscaped to reduce any adverse Impact of the to\\er on the appearance of the surroundll1g commerCial propenles I. Wal\ers. The deSIgn standards Identified abO\e may be reduced or "al\'ed If such reduction or "ai"er "ould bctter satisfy the intent of th is DmslOn and such modification or walvcr IS reviewed and deCided by the Commumt) Del'clopment Board 10 concert With the application for a Lc\cl Two Appro\al The applicant has not requested any waivers of the deSign standards Page 5 4 Ad\crtlsmg prohlbltcd. reqUired slgnage and sccunt}'. No tower shall be used for advertISIng of an) t)pe, and the placement of SignS, other than warDIng signs and smdll mJor mat on placards With emcrgeney and oftner information, IS prohllllted. All towers must be reasonably posted. in accordance "Ith the City of Clcarnater sign ordmance, and secured to protect agamst trespass. The applicant IS not proposmg any advertlSlng 5. Installation and mamtenancc standards. Owners shall install and mamtam towers, telemmmUnlCatloDs faClhtles, l'tlreS, cables, fixtures and other eqUipment 10 compliance "Ith the reqUIrements of the National Electric Safet}' Code and all FCC, state and local regulations, inc1udmg adopted buildmg codes. Prior to the issuance of a certificate of occulJanC)' for a tOl'ter, the apphcant shall pro\'lde an engmeenng certificatIOn that the proposed structure meets such regulatory standards, IOcludmg adopted buildmg code standards for wmd velOCity. All towers shall achieve and maintain compliance with current radIO frequent) emiSSIOns standards promulgated by the FCC. The applicant \Vlll compl}' With these reqUirements pnor to the Issuance of a Certificate of Occupancy 6. Remol'al of abandoned antennas and towcrs. An} telecommumcatlOn tower that does not support an opcrating antenna for a period of rnelve (12) consecutive months shall be conSidered abandoned and shall be remo\'ed or reactl\'ated upon " nlten notification b) the City wltbm sixty (60) days of said notificatIOn. Failure to do so shall constitute a \ IOlatlOn of thiS Development Code. Not applicable Since no tOller currently e\.lsts on the site STAFF RECOMMENDATION: Based on the applicatIOn and the site plan, staff recommends approval of the request submItted by Amencau Tufoage to construct a telecommumcatlOns tower at 50S Vlrglma Lane With the followmg conditIons Approval shall be lful1all~ for a tower 100 feet III height unless the apphcant submIts signed contracts to the Planmng Department from three users dunng the effective penod of the development approval as specified In Section ~-407 of the Commuruty Development Code If the applicant submits signed contracts from three users the approval shall be for a l60.foot commumcatlOn tower 2 The dpphcant shall submIt contracts \Hth three users pnor to the Issuance of a bUlldmg pennlt for a 160 foot tall to\"er 3 The appltcant shall submlt a color sample of the to\\-er mdlcallllg that the color IS nonreflective pnor to the I ssuance of a buildlllg pemlll ~ The tower users shall place their bUlldlllgS and equipment only on the approved slabs mdlcated on the sIte plan Page 6 5 A landscape plan IIldlcatlllg plant SpCCICS and numbers and lOCatIOn of plants shall be appro\ ed b~ the staff pnor to the Issuance of a development order 6 Poor to the Issuance of a development order, the applicant shall submit eVidence supportmg the poor condition of the C'\.lstmg lower located on the Clcarnater High School property 7 Poor 10 the Issuance of a development ordcr. the applicant shall submit a re\ Iscd SIte plan locaung the tower fivc feet closer to the eXlstmg bUildmg and mdlcatmg a lO foot buffer around the reqUlrcd lower fenclllg Prepared by Antoma Gerll, De\ elopment ReView Manager ASSistant Planmng Director Approval Planmng Director Approval Attachments LocatIOn Map Zomng Map Aenal Photo Photo of to\\cr slIlular to the proposed tower ApplicatIOn Page 7 CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING VICINITY AERIAL MAP DATE FLOWN 12/09/96 VAR .34 505 VIGINIA LANE -.. EA -.. 1Ut ........ .. NIl. NORTH SCALE 1"::: 200' 06}i7/99 IU IWIIi V99-01 .... 1 OF" 1 ~ NORTH 1" = 1320' Location wfap 505 VIGINIA LANE c::::=J I I~ E1.WlIIUOO i S T . a~ !l\. \l.9'\.E C:5 S ~8 E! IB~" ;~Ii 1 ox IlXXi ~ ~ ... fi D~ G<f: I~D c=:J S D~ lAURA I... Dlic=J Sf o I I~D c=J~L-J Sf 0 ~ ~gp:. ~ Q nn.fDfln n r1n r1nJlJD1Oo " " CJ ~'25~ I · · ~D 1J UW"ULJlJU"lf"lJuU1Y ~U" ~[ .mODDDDD -iDDDDODDD~~D "ilD~[}DDD~ O[}'D~G: ~ ~- 'i ~uDiDsr iD~D DID~D~ ~iDsT ~f)D~~;D"; I ~ · ~- · i " 'l!" EJa:...u:: 1 ill '" ~ l" ....., l;l U-. ~ · ~DILD OD ~~a~'[];IT~ BTIIT~~~~ . i ~ s ~[jD~1 O:.gQj=::tllODl'l ~ ~+>f:~ w I ; OAK LAKE W I.DFORDS Sf I c:.:::J1Jg ~ UIffiU!SITY" OR S MUS sr ~... 1<ENDAU.. OR I ( 0 llURNICE OR [] ~ I tI ~ IlEOCCCA DR REllECCA 8 !l W!.ooow LA <>1 \ i \3 I / ~ SANDRA DR SANORA ESJU.l..E i r=:::=I llElOlL Y \!l erR N 'i I 1 ~~ BIIEHTWOOO ~ Ii 5E~ :Z[ 'U I r----l .. l)l; ~. L-.J 1 1 : m~ " ~I ~ []]~D~I ~ER~ I~p ~; TANGERINE ST ~ OIl.. ~ ~ c::::::J 1 I I P1NEl\OOO 1 I 011 I .. .. ~ aw:a'IN ST 1 I I !] 1 !i ~ w....... I 1 P.olll<SIOE DR 5' D UJ '" DNlRY d:s~~ CITY OF CLEARWATER. FLORIDA ~ -air. ~~~} PUBLIC WORKS ADMINISTRATION "'~31 ENGINEERING . 0 Cl e..CIIo_ :'d:g~=SOO iiili -0)'0 3D/~ 5= - 0) ~"CIIo- ::~ I:i I:i I:i 3D1'" ... ~ii~800 ::; 0) --- ..e..e.... ---~ -8~ ~~- ~ ~ a .........-... - - !! 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(I) 52'7 15630 Z 6 5 29 ~ - 616 32/09 (T'f ~ S34 63S G ~ , 18 17 32/26 32/13 a:: 631 63Cl - 5 32/10 7 28 20tt 1::19 641 6BO ~ s.u - -- - 33 32/27 32/12 32/11 600 \601 27 ~ 50 8 \ 32, 6U S/lS :l~ to. 33-40 55 54 53 52 51 50 49 9 600f \ ,\606 26 1:14 15 ~ III I m fi i i CD 48 BOO I i 10 \ 25 606 ~ PINE C::T , 608 608 FILE NAME: V99-01 FLEXIBLE DEVELOPMENT REQUEST OWNER.: WILLIAM & HOPE GEORGILAS I CASE # VAR 34 ADDRESS: 505 VlGINIA LANE I ZONING COMMERCIAL ATLAS PAGE: 298A I SIC: 13 I TWP: 295 )IANGE: 15E COMMUNITY DEVELOMENT BOARD Prepared by EA- Public Works Administration APPLICANT, PROPERTY OWNER, AND AGENT INFORMATION: APPLICANT NAME 1/ rn Elf tC,IIw IIV~DAGE". LLf!. MAILING ADDRESS ~ 7~ 7 t/J.. /J1 ~ I"t ;0'; /l ~.) #~9oJ ~('EI'lt(WATi!~ ,., ]g7' PHONE NUMBER (7~") 5 Si, ~ c.2,;) tJ FAXNUMBER (7~,j SS, -~YI 7 PROPERTY OWNERS AGENT NAME MAILING ADDRESS PHONE NUMBER Cl'r~ Uli' CL \. Ar~CATION FOR SI PLANNING & DEVEWPMENT MUNlCIPAL SERVICES BUILDING, 100 PHONE (727)-562-4567 ThIS form must be submrtted for aU applications for residential u , vested nghts, development agreements, seawalls, docks, mann ~t A. OJ U~ - .. .- cnft CD) me \., 8EFMCES :) erTV OF CLEARWAreA WILLIAm (list all owners) I & Hol'i" 6€Cf(G/LAS , /"1"n1l.(.tf'A m. (,cc,CI~.I'f, ArrtEIf/('AAl JNFOll5eJ L'-l!. \..dltl9A aeu.t.OJ~ C'IAl4Y ~ 1OJ/ Ol..melf re>lJ 1f1J.. #~~c, (!.'€I9HWAT~t" F" :1~7' - I (7 J 7 J S S" - /)~.'J(J FAX NUMBER (7J. 7j S'S''' - {}i./I "} PROPOSED DEVELOPMENT INFORMATION: SIZE OF SITE: DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS? YES _ NO L OCATION STREET ADDRESS LEGAL DESCRIPTION: PARCEL NUMBER: PROPOSED USE AND SIZE. OAlG ~l.(7Ck ~RST pF keeJJe I( /) " SOVrH D~ 61/~,c~ 7"G.. ~AY SOS" VJI{&INIA LAI. t:!A..€AIlWATeJe. " 87.1:.'/ 5100 F"{; at:: NO/S'O Fr. OF c I ~ FT. c~ W ~F ~w 1/'1 aF NW 1/'1 c~ .s-W 1/'1 Lt:.-.sS A'tJA6. ~'1- /5- /3... '-'aooo- J~(J- 05'00 IfLJO' G1/~~LtlSS tJ('JhI~u;J.J~ATJdNj TDwe~ (number of dwelling unrts, hotel rooms or square footage of nonresidential use) 00' K IVO' SQ. I=r. I, the undersIgned, acknowledge that al1 representations made In thIS applicatIOn are true and accurate to the best of my knowledge / STATE OF FLORIDA, COUNTY OF PJNELLAS Sworn to and subscnbed before me thiS 4 7 T;{ day of (YJAY ,A 0,199 to me and/or by 1"'" US' If ,.., . C!.Ool'EIf-- , who IS personally known As:; J3rodtlced 86- Ide RtlfiGat.on ~.Tl.~', N public, my mmlsslon expires SOUTH "'OR PLANNING OFFICE USE ONLY: AND USE DISTRICT OF PARCEL: ZONING. ZONING CLASSIFICATION OF ADJACENT PARCELS NORTH F '" CCIIMl Eqftil IID-CCUllll iMllftW ST I FUTURE LAND USE CLASSIFICATION OF ADJACENT PARCELS NORTH SOUTH EAST WEST I '.l...J1i. ~ 1 ,... i....., ........."'" f '- , ~ t".oI' IV l '" t r'" . ,;;I, . CITY OF CLEARWAtER ~IDA~TOAurnO~EAGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNIClPAL SERVICES BUILDll'lO. lOO SOUTH MYRn.EAVE..'NE, 2,.:[ FLOOR PHONE (127)-562-4567 PAX (12T) 562--4576 STATE OF F1..0RIDA COUNTY OF PINELU\S WI Ll..lllrn h€'OIfGll.AS HO"€ 6€CltGIi.AS (Name oI'f II Pfoperty DWl1$fS) 1 That (I amlwe are) the owner(s) and record tItle holder(s) of the followmg descnbed property ADDRESS OR GENERAL LOCATION SO S V, It biN III l.A we t!teA,rtWArEIf'.':1.. ~j7(''' 2 That this property constitutes the property for which a request for a / 6, 0 I -re L€ ClJf"I'J rP'''hJICA TIC,.!.! rotJEIt. (NaMe at reqlRSl) 3 That the undersigned (haslhave) appointed and (does/do) appoint A mt;" Ir If ,.J LJFDAtS~ LLC! fY11"e-1t . C!col"ff'tf J$/tll4 0,,","';$ c:r.w4Y O"M/AlC) as (hIllIthe1r) agenl{a) to execute "11)' pellllon8 01' other doeYmento ~ry to effect ...m pflltion, 4 That this affidavit has been executed to Induce the CIty of Clearwater, Florida to consider and act on the above described property, lwe), the undersIgned authority, hereby certify that the foregoIng Is true and correct. STATE OF FLORIDA. COUNTY OF PINELLAS Swom to and subscribed before me this ~ TH day of MA y, . A.O.. 19 " to me and/or by4J,l.(fl9m !" ",,,IV EietJlfG Ji.AS ,who IS personaDy known !:ISi JlF9~l:lee~ IildtRtlflcatloR. SIGNED (Property Ownef) SIGNI:U (Property 0wMf) <;, "ROPERTY INFORMA liON 1) APN . SubCondo Strap tI County. AIM PG# ACR PG# Region Census Owner Property 505 VIRGINIA LN. CLEARWATER FL 33764-.6260 C05S 29-15-13-00000-320-0500 ACREAGE AND UNREC PLATS TIRIS 29.15~13 MUniCipality Property Tax Tax Year NORTH MOl Code 266.01 Exemptions GEORGILAS W1lUAM & HOPE!HW PINELLAS, FL 99 $2,205.39 1998 Delinquent Man 300 S DUNCAN AVE; CLEARWATER FL 33755-6457 C021 : Use Total Value Land Value Imprv Value Assd Year Taxable % Improved. ExemptProp Phone' STORE BUILOING $96,800 $83,300 $13.500 1998 $96,800 13% SALES INFORMA liON u\ST SALE 01/1990 0111990 $115,000 7166-250 PRIOR SALE Record/Sale Date Sale PncefType: OR B&P/Stamp Deed Type 1st MtgfType' Mtg Name 07/1985 $134,500 6025-160 SeDer. KARRAS JOHN & DENA Transfer B&P Sale Comments #Parcelsllast Sale' Nominal Info = Date 04128/1998 Doc" 10074.2661 Type QUIT CLAIM OEED SITE INFORMATION # BUildings ,. Unl1s County Use State Use ImproveType Zorung Legal Plat 8kPg Legal BlklBldg Legal Lot SIze. 100X140 Lot Area 14,000 11320 Park Type 11 Park# /SF 04 Site Influence 109-48 Legal LotlUnJt 320 S 100 FT OF N 250 FT OF E 164.5 FT OF W 492.88 FT OFNW 1f4 OF NW 1/4 OF SW 1/4LESS RD Comments COUNTY USE:STORE-ONE BUILDING ;IMPROVE TYPE:COMU1 FAMILY ;FLOOR SYSTEM:WOOD W/SUB FLR ;X-FEAT:ASPHALT PAY 1200sF @ 1996 Win2Data 2000 IMPROVEMENTS Gross 81dg Area Total AdJ Area 8ldg/LMng Area Adjust Area $ISqFt YrbltlEff. # Stones Bedrooms Rooms FulVHalf 8ath BathslFDd: Fireplace: Condo fir Pool Porch Basement Construct. Foundation" Ext WaD Int WaS: Floor Roof Type Roof Mad Au Cond Heat Fuel: Heat Type Blda Oesc BAS OPF 2,176 2,140 $53 1951 1 1 4 Y CONCRETE CONCRETE MANSARD COMPOSITION SHIP WALL FURNACE SIZe 2140 36 Page 1 of 1 AGREEMENT TO THE PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT TO THE PURCHASE AND SALE OF REAL PROPERTY (" Agreement"), made and entered ~nto this day -/....!I..- of (11/" , 199~, by and among: (a) W~111am & Hope Georg~las (Se11erll); and (b) Amer1can Infoage, LLC ("Purchaser"). WIT N E SSE T H: WHEREAS, Seller ~s the owner and holder of all that certain tract or parcel of land IY1ng and being ~n City of Clearwater, P~nellas County, Florida, Tax Parcel I. D. # 29-15-13-00000-320- 0500, also descr~bed S 100 ft of N 250 ft of E 164.5 ft of W 492.88 ft of NW ~ of Nw ~ of SW 4 Less Rd. Purchaser wishes to purchase the subject property as shown on Exhibit llA" attached hereto (here1nafter Property); and WHEREAS, Purchaser desires to purchase the property from Seller, upon the terms and cond1tions of this Agreement, and Seller, likewise upon such terms and cond~tions, is willing to sell the Property to Purchaser: 1. Sa1e of the Property. SubJect to and on the covenants and conditions of th~s Agreement, Seller shall sell and convey to Purchaser and Purchaser shall purchase and accept from Seller, fee s1mple, marketable, record t1tle to the Property at "CloS1ng" (as here1n def1ned). Purchaser and Seller agree that the Property's legal descript~on shall be subject to the survey as determined under Paragraph 7 hereinafter. ,. 2. Purchase Pr1ce. The pr1ce to be paid by Purchaser to ~pl1er in exchanqe for the Property shall be I ...._. _.__... I _"h . ___ _ - - - _ _. _ _ /Ie purchase pr 1ce shall r.;D be ~~. c sh at clo1i1.n9f' .. - .. r ~ h4? It <tV /11 - efvyul-at/I /' / /' ' 3. ST MONEY As "Earne~ Money" Purchaser ha~ paid, by Purchaser's check, t sum of } ( DOLLARS to as Selle. Subject only to negotiation of Purchaser's check, Seller acknowledges rece~pt of the Earnest Money. The Earnest Money shall be applied at Closing, to the Purchase Pr1.ce or otherwise disbursed by Seller 1n accordance with the terms of this Agreement. 1(1/ 4. C1osinq_ SubJect to the extension provisions set forth ~n this Agreement, closing of the purchase and sale of the Property (herein called "Closing") shall be on or before one hundred fifty(150) days after the date of this agreement as shown above. ( s. Documents. At Closing, Seller shall convey to Purchaser all of Sell~r's r~ght, tltle and 1nterest 1n and to the Property by general warranty deed 10 form commonly recognized by real estate attorneys 1n Florlda. 6. T1tle. Seller represents and warrants to Purchaser that Seller now has, and at Closing wl1l convey, fee simple marketable, record title to the Property, free and clear of all leasehold lnterests, liens and encumbrances and subject only to: (a) general utility easements WhlCh serve the Property; and (b) real property ad valorem taxes for 1998 and subsequent years (taxes for 1999 shall be prorated as elsewhere prov1ded herein); and (c)such other exceptions as Purchaser, after examinatlon of Seller's tltle to the Property, may agree to accept. 7. Survey and Inspection. Purchaser shall have the right to enter upon the Property at any time and from tlIDe to time from and after the date hereof wlth Purchaser's agents, employees, englneers, surveyors, environmental lnspectors and the llke to conduct such tests and examlnatlons of the area, surface, subsurface and other physlcal condltions of the Property as Purchaser deems reasonable and necessary ln aid of Purchaser's decls~on to purchase the Property and to close. 8. Inspection Period. Anything hereln or elsewhere to the contrary notwithstanding and in consideration of the terms and condltlons of thlS contract Seller grants to Purchaser the rlght to terminate this Agreement in Sellerls sole discretlon wlthout penalty or obligation, excepting only those obligations which are expressly made to surVlve hereunder. The foregoing right of termination may be exercised at any time prior to five o'clock p.m. Eastern Daylight Savings Time on the ninetieth (90th) consecutive calendar day following the date of this Agreement (the "Termination Oatell) by Purchaser giving notice of exerClse to Seller. 9. Prorations/Costs. At Closlng, real estate taxes for the year in which Closing occurs shall be prorated between Purchaser and Seller. Seller shall pay any real estate stamp tax due upon recording the general warranty deed and the costs of record~ng the instruments of conveyance. Purchaser shall pay the cost of the survey and of Purchaser's title insurance policy. Seller shall be responsible for the cost and expenses of Seller's legal counsel. Purchaser shall be responsible for all costs of Purchaser's inspection of the Property and the fees and expenses of Purchaser's legal counsel. 11. Possession. Purchaser shall take possession of the Property at Closing. 2 12. Seller's Warranties. As matters WhlCh are true and correct 1n every materlal respect and which shall be true and correct at Closing, as eVldenced by Seller's executlon and delivery of the general warranty deed, Seller represents and warrants to Purchaser that:' (a) Utlllties. All necessary publlC or private utillties lncluding, water, sewer, electrlcity, telephone are available at the Property. (b) Access. Access, for ingress and egress, by vehlcular and pedestrian means, to and from the Property is available dlrectly from the public r1ght-of-way of 21st Street North, which 1S contiguous to the property. (c) Envlronmental. Seller knows of no actlon proposed, and has not been notlfled of any action pending by any agency of the State of Florida or the Federal Government requlring environmental cleanup of the subject property. 13. Default and Remedies. (a) BY Seller: In the event Seller shall fail or refuse to consummate the purchase and sale of the Property for any reason other than default or early terminatlon by Purchaser, or if any representatlon or warranty of Seller made and given herein shall prove to be incorrect, lncomplete or untrue ln any material respect of WhlCh Seller knew or should have known when such warranty or representation was made or given, Purchaser shall have the right to give notlce of such circumstances to Seller and: (i) proceed with all remedies avallable to Purchaser agalnst Seller at law or in equity includ1ng, without limitation, specific performance; or (ii) terminate thLs Agreement upon notice to Seller. \ . (b) BY Purchaser: In the event Purchaser shall fall or refuse to consummate the purchase and sale of the Property for any reason other than default of Seller or the exercise of any termlnatlon ~ght given to Purchaser hereunder, then on notice of purchaser's default given by Seller to Purchaser, Seller shall retain ~e full amount of the Earnest Money as llquidated damages (and ~ot as a penalty) in full and complete satisfaction ~f Purchaser's obligations hereunder, it being acknowledged ~y Seller that Seller's damages would be difficult to ascertain and that the amount of the Earnest Money is a fair estlmate of smch damages. Upon payment of the Earnest Money to Seller, thlS ~greement shall terminate for all purposes and be 3 of no further force or effect exceptlng only as to those matters WhlCh are expressly made survlvlng. 14. ~scellaneous Prov1sions. (a) Modlflcatlon and Amendment. ThlS Agreement may not be modlfled, altered or amended by any means other than ln wrltlng, executed by each and all of the partles upon whom such amendment lS to be effectlve, in the same degree of dlgnlty as this Agreement lS executed. (b) Blndlng Effect. The terms, covenants and condltlons of thlS Agreement shall be binding upon and inure to the beneflt of Purchaser, Seller, and thelr respectlve successors, asslgns and legal representatlves, all of WhlCh terms are lncluded wlthln the deflnltlon of, respectlvely, "Purchaser" ,and "Seller". (c) Notlces. All notlces deslred, necessary or requlred to be glven ln respect of thlS Agreement shall be ln writing and shall be deemed glven and effectlve when hand dellvered agalnst wrltten recelpt or on the thlrd (3rd) buslness day from and after the date upon WhlCh such notlce lS deposited (as eVldenced by recelpt for deposlt) to the Unlted States Postal Servlce, postage prepald, certlfled mall, return recelpt requested, and addressed as follows: If to Purchaser: American Infoage, LLC 2727 Ulmerton Road Suite 230 Clearwater, Florlda 34622 Tel: 727-556-0220 Fax:727-556-04l7 If to Seller: W1111am Georgl1as 300 S. Duncan Ave. Clearwater, Fl. 33755-6457 or to such other address or attentlon as may hereafter be glven by proper notlce. (g) Assignment. Purchaser may, wlthout the consent of Seller, asslgn any or all of purchaser's rights hereunder to any person, flrm, partnershlp, corporatlon or other entity; provlded that, to the extent of Purchaser's lnterest ln the Earnest Money, Purchaser shall not be relieved of its obllgatlons under th1S Agreement. If any such ass1gnment 1S made, then the sale contemplated by this Agreement shall be 4 ~ I consummated in the name of, and by and through the authorized officials of, any such asslgnee. (h) Possession. Seller shall dellver possession of the Property to Purchaser at closlng. , (i) Entire Aqreernent. This Agreement and the exhibits attached hereto and lncorporated hereln constitute the entire agreement and understanding among the parties and all prior agreements, undertakings and understandings, wrltten or oral, are merged hereln. IN WITNESS WHEREOF, Purchaser and Seller, by and through their respective and duly authorized offlcers and representatives, have caused thlS Agreement to be executed, have afflxed thelr respective seals hereunto and, where approprlate or necessary, have attested the same, and have delivered this Agreement, each to the other, in multiple counterpart origlnals, on the day and year first above wrltten. PURCHASER- American Infoage C ~ ~~ C.4-:" WI ness . BY: SELLER: William and Hope Georgilas BY: Witness ~ a~ia/l Hop eo?1i1as Witness 5 ,.. ( l ( PERSONS HAVING A CONTRACTUAL INTEREST Owners (Sellers): William & Hope Georgilas Agent (Buyers): American Infoage, LLC (Miller M. Cooper, Cindy Domino, & Brad Collins) ~ '; I" g 11<1 tOG ~ :; SHADY LANE AVeNUe I; \: ~:; : ~ -.,-- "" ... .. "" ..~ _.... =... ..... :.. ...:....~.,;. .... N "' 10 ~..., ~ c,.. F:'" .... V' .; .. ........ 0 __ ~..." ;0 ;~ n .. lid .10 . .. 111_ -:. I!I" .... _' "Ill ... := 1Il." to ,.g ,. ,. JO N iOA;.... io.tl" 11II". ... i: ;; ;:c; ~; ;: ~ Ii~ :- = Ie; 'OJ'' ~.. : : ~. 2: t''Ot .r:"1IIl ~rol "tl 0,1: "~l <<01 ,rw ".< .. ......-:'i'i"1 ......v - s BROOKSIDE., O(...:-n ~ r1-12D96:: .. "0' ...,..,.. 1,;.... l ,"(I<<IQ" --- ~ ~.;:.. -- _-:.. _ l-:';:: tt... ~ ~":::"'': ii:;:t 0 ~ = ~ N ~.., :::: : ~ ;: ... = t: GIll .:... t'Ot ~!II :; 2.; FO - ....,tt ("04~' .J U'Ol ....1 rOt ("Ol (,,~I~ ; & ;--.- " ,'I" ~ '.. AVENUE :; ..... .. .. .. .. .. 'N -'22 26'1 - .. -- :..:.J .. . . . - ,; .. ... .. ... .. .... ... ;; - - = .; ; - aU! .. .. .. ;; 001' .. .. .. "" .. '.. AVENUE :; j iI:: .. ~ ~ e; % o .. iJ~; 11 j .. =: .. .. .. :: -~:- ... ... ':! i~ .. ... ... .. t) DRIVE .. .. " 1"' ... .. III (1')'_ .. f 1- - ~ ... ... ... ... .. .. DRIVE 1 'oo .. ;... .... ... .. .. .. -"" .. .: .oo .. DRIVE :; .. .. .. ,OJ =g o ;:0 <: 1"'1 ... ... ... .. .. .. ........ ~ .. .. .. .. ,- aG' .. 22 << :. .. .. .. .. .. 'OO 10..\.". .. AVENUE ;: .. i .. .. I: ': ;: ~:. u ~ i - ( -.. ,"" ;; . L --~ ""TIrt;jr "' ,oo I. .. . .. .. ... .... ::' -.. ..- ~ ;;> tOG .t &4 1;;. '. II PARKLAND AVENUE '00 ..frl ~ ~ ;r,:~ h .. 'oo tn .. ." loiI ~,.:; 96' l-~u ~l ..' ...--' .. .. . .. .. .. ~ ~ :: ~I ! ~G) CL_ O.a CJra - .. -. en" ~~ + i ...' ~ ;@ !! n ~8Z :~E .. 11;-" ..... .... I :>: I ~. __ _ _ ~ --a-~~ --- KU"O - 10 _ "I" fi\ ~~IR 1t9 ~. ". : - ~tj)~W(~~~~ ~;j@ ~ l'f~ .. I; ~ ~ ~) ww 0 \.V & .....S,"'I~ .It" ;0 I"CII ,.. 1'0 U "1(1) ~ ~ . 1M .... 1$ ::::: II VIRGINIA LAN V:r; g ~ fi., ,".. '~ - - ~.. ~ '--" ~~ r- W '..~u ;~:~w@ ~ @~ ~i ~ _ @ .,!-.. ~ -.. t ~ ;1\ ~. if (i) AWQ:) W .. '... ;;: ;: ... ;; .. ... .. ~- ARCTURAS (') - -of -< o " o r- m )> :JJ :FE :t> -I m :D uo ~ o .. G);~- ... ....11II... ... .... ;an'" ~ ~~-r :: ,.- -f ! Il ! ~ ~ i t ... uu'u r AVENUE I'" .i n r- ,., )to ::0 :E )to -t 1"'1 :;u ~ a x en n x o o .- .. .. e~ :W II lo c r- :.,~, I; ij ii..(D - .. 100.., nil " tU r ~ ~ e Jo 10 _u DRIVE ~.. -... ; ; '" '. no .~ ," '" .... Fi .. ~ ... ':... ~ ~ .... ... .. . ..~" ~ (f) "'U EXHIBIT "A" u....... ~AVENUE ..., H1'" ... t - .;a ::_~~~ J i ": .. - . '(~~ ~ >> ....~~~:~:J-~ ~ :: Ifft,,, ...... HI .., ~ J ] '00 J ' ~oo .; .. .. ... (;:\, ~) \.iJ 00 ... 10 -(j) ~ '" ~ t'fI~ ,~.. W :i OR .. " l:0 '" .. .. .. '00 '00 I: PEG 'M .. Ii... .. E = (;\,g ~ \ij :: -'" r ~ \:- '''' u II - :; 0 "" e eOF ~~~~ ~ : (8 ';ri r--- - V ~ G, e ::1---- .Il'. '" =~ (!) ... i i r+ .", W.I~ ~ :: AR i@ 'oo . '8 L 0(;: ,.,. i -f0' _ : -- "'1 ~ .. OJ s ME ~~ .. .. ...~ .. ... .. '''' ,.. '" I: em i ~)"o .. .. IS ~.. Q -(i) o ... -~ 'M .. ')0 .. I: AURC .. .. iM ... ~ ,: \!i ,.: \ "' ~ ...~ ~ ~ - !t?\ -w 1. 'II ~ .. . to '.. .. .. HER i ~J { 1 I ~@"'I 'w @: "'0. CRU I ,"4* '''' om LEGAL DESCRIPTION Address: 505 Virginia Lane, Clearwater, FL 33764 Parcel ID #29.15-13-00000-320-0500 Lot Size: 100' X 140' (14,000 sq. ft.) Legal Description: Begin at the Northwest comer of the Southwest quarter of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida, and run thence South 89*22'54" East, along the quarter section line, 328.55 feet: thence SouthO*00'38" East, 150 feet for a point of beginning; thence South 0.00'38" EastlOO.OO feet; thence South 89*22'54" East, 164.44 feet; thence North 0.03'28" West, 100.00 feet; thence North 89*22'54" West, 164.35 feet to the beginning, less the West 25 feet of said lot which is reserved for use as a public highway. \1 I 5 ~ . c",~-"'-P... " lJ) VIrginia L · 'L ~l~! a II I ane :~1 ~ ~ .lrF~11 ' L ,r----ll =1 I, I, '~J~\ { ("if n~- IJl~ll l i ~:- I uJff\\ r "'~r~I;;E\nl J" =c, _\~J tI L-1 ri. I I~Q1tli l~~:~ I; " W~ ~ 1~ li( II I _ ! J !r= p r j , -?;~ r_ ~ WI r --1U I · · mlPUS.w~booo ... nL._ - -; ~= LJ [I I P~tl>~J II I II -, ' ' ff ,', ~-trf , ,_.~ . 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PACe- ZQ2A - -- - -. / ( MAILING LIST - NOTIFICATION TO CARRIERS TOWER SITE 505 VIRGINAl LANE, CLEARWATER, FL Aerial Communications{ APT Mike Brown (Real Estate and Co-Location) 6902 Cypress Park Drive Tampa, FL 33634 Voice: (813) 243-3222 CeU: (813) 263-0864 Main #: (813) 243-3200 Fax: (813) 243-1906 ( Airtouch Paging (Paging) Mark Bolich 12500 Roosevelt Boulevard North St. Petersburg, FL 33716 Voice: (727) 573-7800 xS082 Fax: (727) 573-0329 AT&T Kevin Becker, Site Acquisition / Co- Location Manager 501 East Kennedy Boulevard, 11th Floor Tampa, FL 33602 Cell: (727) 460-9911 ~ce:(813)222-5557 Be1lSouth Mobility, Inc. Mike Monagle 3012 US Hwy 301 North Suite 1000 Tampa, FL 33619 ~ce:(813)740-9183 Fax: (813)630-9319 BellSouth Mobility Inc. Laren Whiddon Corporate Office 12477 Telecom Drive Tampa, FL 33637 (813) 631-2500 Fax: (813)631-2710 -- l , , GTE 'Wireless Products & Services Bob Hardee 5303 Commerce Park Boulevard FNIW Tampa, FL 33610 Voice: (813) 282-6454 Fax: Cell: MobileComm (a Bell South Company) Joe Kurns 4801 East Colonial Drive Orlando, FL 32803 Voice: (407) 895-2050 Fax: (407) 896-5474 PageMart Wireless, Inc. (Paging) Dennis Kerlick 3333 Lee Parkway, Suite 100 Dallas, Texas 75219 Voice: (800) 864-5809 Voice: (214) 765-3779 Fax: (214) 765-4907 Ausley-Harvell (Site Acquisition for PageNet) Dan Ausley 1114 Thomasville Road Suite W Tallahassee, FL 32303 Office: (850)561-10 PageNet (Paging) Gary Meritt 4010 Boy Scout Boulevard, Suite 300 Tampa, FL 33670 Voice: (813) 873-7200 Fax: (813) 876-3710 Powertel Inc. Patrick Boyles One Concourse Parkway, Suite 500 Atlanta, GA 30328 Voice: (770) 522-3403 Fax: (770) 522-3419 l 2 Sprint PCS ArUss Elliot 5301VV~tCyp~sS~t Tampa, FL 33607 Voice: (813) 639-2010 Fax: (813) 639-2050 Colleen Baxter: (813) 639-2013 TCG! AT&T Local Services Michael Cardillo 6015 Benjamin Road, Suite 306 Tampa, FL 33634 Voice: (813) 806-0194 Pager: (800) 759-8888 Orlando #: (407) 563-0004 ( TSR Wireless Dennis Logering 5301 VV~t Cypress, Suite 100-A Tampa, FL 33607 Voice: (813) 288-9497 Fax: (813) 289-3966 Unisite Grace Vista 3450 Buschwood Park Drive, Suite 250 Tampa, FL 33618 Voice: (813) 932-9809 Fax: (813) 915.3660 Unisite Mr. Dana Dulabone (RF Engineer) 3450 Buschwood Park Drive, Suite 250 Tampa, FL 33618 Voice: (813) 932-9809 Fax: (813) 915-3660 WinStar Communications, Inc. Tom Rivers (City Operations Manager) 400 North Tampa, Suite 1400 Tampa, FL 33602 Voice: (813) 387-9813 Fax: (813) 387-9900 l 3 / . American Infoage, LLC . . . . 2727 mmerton Road, Suite 230, CleaJWater, FL 33762 (727)556-0220 1-800-278-4399 Fax (727)556-0417 email: natlOnaldata@'\mmdspnng com Prime Tower Space Available! Virginia Lane & Gulf- To- Bay {Vicinity of Keene Road & Gulf...To.Bay (US Hwy 60) ( Clearwater, Florida 33764 N27 57' 36.96" / W82 4540.56" Tower Type: Monopole Tower Height: 160' Elevation: 55' ( Call 1-800-278-4399 today to reserve your height! ~ .,,-""~ ...""..--'* ,.. I c-....... IU........ntlnIIV~ll ~ , ~ II ;-' _II J.dw~trP.- ' 1 , ,~ I' '- -------' I ~ Ameftian Infoage, LL~ ~ !::ji"-'!~ ~~'-\'Q( ~ ~T( ~"~ - - '-l r- t- f-I If...-.1 ~ J.L...:. t:... , \J ~ -.- Ci :-\' ;&yo. .; I ---< i jJ Ii \ rU~ C i ii 'I ~ t...i ,. ~I - - r-li ~I~''-''~~rl 1~r' Ii tEr:;:r,,~ I, , ,'one'sland -.:; I .d,' 1i'i1 I I ); ~\\ .~~ ~ C"l T L;.l-q-' '_ " ' 'J!Core Island ~:nn;ty, II :t :11 I il I f-...l_~ ~7 --' ,... ~ SOUIe......1 . - . 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Mag 1300 1 ,.. ....17151]111... : '2: ~~ - local Road - MaJor eonnector - state Route , " ~ .....: .;...~-.. -:..~ 81~ _ or;:oF.a \ .....:..,,~ & ~_~... _ &.....~,....~. ~ ... l ~ -::: ' :::- , ~ $- ~ I!' .:i.r~;' .. , ~.. ~ - ... I " ., /or . -- oil. ( -t .... - ~ - - ~ +... ~ '" ,.. ~- ""r ... . , . ~ - -.- - -- -I..... ... c_ ...""!.... >'e&t ~- 0.0 Uca - ...., .. . _ en... >(1 ~ .. ~ Gt.~ , ... ~ .f'.. I ~ -~ -ia-~c( ~-- HIGH POINT BRANCH CLEARWATER, florida 337629998 OS/25/1999 (800)275-8777 01:27:51 PM Sales Receipt Produet Sale Unit final Description Oty Price Price MARIETTA GA 30060 $0.33 fi rst-Cl ass Restricted Delivery $2.75 Return Receipt $1.25 Certified $1. 40 Issue PVI: $5.73 ATLANTA GA 30328 $0.33 fi rst-Class Customer Postage -$0.33 Return Rece i pt $1.25 '- J.:::'o(.~~: ~\ .' Certi fled $1. 40 r~ ~= "V t ,......... ~ < ,- , ' , ' , Issue PVI: $2.65 ,- .. I I - TAMPA fl 33634 $0.33 1: fi rst-CI ass Customer Postage -$0.33 I Return Receipt $1.25 1 Certified $1. 40 Issue PVI: $2.65 l SAINT PETERSBURG fl $0.33 f 33716 first~Class , Customer Postage -$0.33 Return Receipt $1. 25 Certif1ed $1. 40 r , Issue PVI: $2.65 , I I TAMPA fl 33637 $0.33 I I first-Class i Customer Postage -$0.33 Return Receipt 11.25 Cert I fj ad 1.40 Issue PVI: $2.65 TAMPA fl 33619 $0.33 first-Class Customer Postage -$0.33 Return Receipt $1.25 Certified $1.40 Issue PVI: $2.65 TAMPA fL 33602 $0.33 f1 rst. Class Customer Postage -$0.33 Return Receipt $1.25 Certified $1.40 Issue PVI: $2.65 ORLANDO fL 32803 $0.33 flrst~Class Customer Postage -$0.33 Return Receipt $1.25 Certified $1.40 Issue PVI: $2.65 TAMPA fL 33610 ("" $0.33 f1 rst.Cl4S1 Customer Pas -$0.33 Return Rece1pt $1. 25 tert1 fl ad $1.40 Issue PVI: $2.65 DALLAS TX 75219 $0.33 flrst-Clus Customer Postage -$0.33 Return Recelpt $1.25 Certified $1. 40 Issue PVI: $2.65 TALLAHASSEE fL 32303 $0.33 first-Class Customer Postage -$0.33 Return Recelpt $1.25 Certified $1.40 Issue PVI: $2.65 t!. TAMPA fL 33607 $0.33 fl rst-Class Customer Postage -$0.33 . h:'~r" 0 ~, Return Receipt $1.25 ~ ......J' - ...........-"7 Cert j fied $1.40 f' - -' . ' ~ {J ;r.... ....01- ~- " -.". Issue PVI: $2.65 ~.i: \- TAMPA fL 33634 $0.33 , first-Class - . (&)>~ Customer Postage -$0.33 cD4 Return Recelpt $1.25 - Certlfled $1.40 I Issue PVI: $2.65 ( TAMPA fl 33607 $0.33 \ Fl rst-Cl ass Customer Postage -$0.33 Return Receipt $1. 25 Ce rt 1 fied $1.40 , 'I I Issue PVI: $2.65 I I . TAMPA fL 33618 $0.33 l Fl rst-Class I _ ~ Custoller Postage -$0.33 I Return Recelpt $1.25 Cert I fl ed $1.40 Issue PVI: $2.65 TAMPA FL 33602 $0.33 fl rst-Cl ass Customer Postage -$0.33 \ Return Receipt $1.25 , ~ Cert1fied $1.40 Issue PVI: $2.65 TAMPA fL 33618 $0.33 fl rst -C 1 ass Customer Postage -JO.33 Return Recel pt 1.25 Certlfled $1.40 Issue PVI: $2.65 ( TAMPA FL 33607 $0.33 Fl rst-Cl ass Customer Postage -$0.33 Return Receipt $1.25 Cert I fl ed $1.40 Issue PVI: $2.65 Tota1 $50 78 ti'U 00' at SZ'1$ 00'0$ 00'01 eo:! .tI90\B90 (llQ9dS 1>>"1$ ~~ S ll&nsod U.ot 1m ~. 01- -, .. in ao pili" CD\( --- Z09EE 'ld ~durn.L 00t1# '-edro~.L 'N OOt SlaA!1:I roo.L :uuv ":JUJ 'SUOpt1:J!lIDUItUo:) .nnSlI!A\ (Iew p9!J!lJS:) JOJ lc:l!90SI:;1 " &OWes ~SOd sn Li,[ E1.2 h2h Z ,- ...----. ~ ~ -~~-- l . ~ ~ i ..., ~ > c:: :rI c: ~ ::f:::I CD '" N g :3 VI -. "'0 8- '8 o?, rJ'J~g ~ i' O"J 0 ::+. -" Iii ru ,? !1l i3 ~ 'S ff ~ i ~ ~ g ~a ru ;tzg, < ~ ..,J w 0"1 U; " ;::&. .. - pr -" I:-' 00"0 = e; a. 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Q (') w ..., g - Q ? - :0 8 ~ g , ~ ...... . -. 8 ~ 8 " ~ g ~ -0 g oS ~ co 0 co 0 0 , ....) SOUTHEASTERN ENGINEERING & CONSTRUCTION, INC. 2727 Ulmerton Road Suite 230 Clearwater, Florida 33762 Phone: 727-556-0220 Fax: 727-556-0417 June 17, 1999 Antorua Gerli City of Clearwater Planmng & Development Services Admn. 100 South Myrtle Avenue Clearwater, Flonda 33756 Re Commumcations Tower - 505 Virginia Lane, Clearwater, Fla. Dear Antonia. I have reviewed the entIre area wmch would accommodate a communications tower to serve the area of need at thIs time. The only tower in the area is located at the high school east of this location. It IS questionably even adequate for the existing usage. The Pinellas County School Board does not intend to expand the capabilities ofthJ.s tower. The site we have selected for the proposed tower is the only location available to serve the area of need. We are proVldmg capability for additIOnal service proViders to mmirnize the need for towers m the future ,s~~ a -.. . American Infoage, LLC . . . . 2727 Ulmerton Road. SUite 230, Clearwater, FL 33762 (727)556-0220 1-800-278-4399 Fax (727)556-0417 emrol: natlonaldata(1Zlmlndsvnng com Agreement to Allow Future Joint Use American Infoage, LLC, in an effort to comply with the intent of the City of Clearwater's Tower Ordinance, does hereby agree to encourage and promote the Joint use of our telecommunications tower, located at 505 Virginia Lane. There shall be no unreasonable act or omission that would have the effect of excluding, obstructing, or delaying the joint use of this tower where fair and just compensation is offered for such use. We are currently under negotiations with GTE, PrimeCo, and Nextel for space on this tower. The tower will continue to be marketed to other service providers in order to increase the number of users on the tower, and in order to reduce the number of towers in the area. --a. ~ Wit~ Date: 0, ~</~ '19 '-, ;;.> July 7, 1999 Mr. John Asmar PlannIng & Development Services CIty of Clearwater P.G.Box 4748 Clearwater, FL 33758 o [ElC[E~%7[E ..ll- al& PLANNING & DEVELOPMENT Dear Mr. Asmar: SERVICES erN OF CLEARWATER I am not In favor of allowing Mr. GeorgI1as to bUIld a communIcatIon tower at 505 VIrgInIa Ave., Clearwater, known to you as CDB 99_08. Th1S same request has been turned down by the CIty 1n years past. EVIdently Mr. Georgi1as does not know the meanIng of the word NO. The land in questionJhas over the years been improved from a 52 famIly un1t parcel to a 28 unit, and then to an 8 family unit parcel. I believe this to be true unless there have been changes that I am not aware of. Why mar a fam11y parcel with an uns1ght1y tower? Why present a structure that m1ght present a danger to the children in the ne1ghborhood? Why present an ugly sight to Incoming VISItors to Clearwater? I don't see other up and coming citIes building towers on their incomIng roads. Why consider bU1ld1ng a tower on a parcel adjacent to an R-l res1dent1a1 zone? Unfortunatly, Mr. Georg1las has not been able to enJoy a successful property Investment In this parcel Wh1Ch also contains 2 seemIngly unsuccessful restaurants, so why should he be allowed to further downgrade the land and his investment? Please try to beautify the area, not deface It WIth a tower. Once agaIn, I object the request to build a communIcatIon tower in a reSIdential area. ThankIng you In advance for your consideration of the contents of my letter and also for allow1ng me the privilege to have my say concernIng the subject. Sl;Z~ s. ~/ HamlIn S. Fenn,Jr. 1830 Pine Street Clearwater, FL 33763-6256 1 / CITY OF CL AYl ~CATION FOR SI PLANNING & DEVELOPMENT MUNICIPAL SERVICES BmLDING, 100 PHONE (727)-562-4567 This form must be submrtled for all apphcatlons ror residentIal u vested nghls, development agreements, seawalls, docks, mann APPLICANT, PROPERTY OWNER, AND AGENT INFORMATION: ~ \ ' , SERVICES ,,\ envOF CLEARWATER APPLJCANT NAME MAILING ADDRESS PHONE NUMBER PROPERTY OWNERS AGENT NAME MAILING ADDRESS PHONE NUMBER ArnEl(fCAw /tVJ:()AG~. LLd. 0I7.:l7 UJ.,f?1~/f""O,J /1/)..#<<90. ~(cA,fwATI:~1'f IF' i~7' _ ~ J (7~1) 55(;, ~ ., ~.;)a FAXNUMBER (7~1J SSiJ-CY/7 wILLIAm (List all owners) I e f/o I'c 6 eolfG ILAS' , /"111 I(.(.t!'lt I'M. C'cojl?~.lfl Ar"'1Ei'f/C"Il,.) I"/F(J146eJ LI...e. ,d/(1/6 C!()~t.o.J~ ('11tI4Y ,;J I~" VLnu!1'f TOJJ If/J.. #:J~C. (!ltEI9IfW/lT~tlf ,'- ~5'76 _ J (7J7) S~'-I)~~CJ FAXNUMBER (7~7j S'S6-{)VI 7 PROPOSED DEVELOPMENT INFORMATION: r '" OCATION: STREET ADDRESS. LEGAL DESCRIPTION PARCEL NUMBER. DAle /floCk eAST of kE6tJe I( O. Sour"" D~ 6l/'~~ 7D-I!A"'/ , SO$" VJt'1a6INIII L.w'J t:!A-€AIfWATete 'F' 3B7-i:Jl/ 5100 Fr: Or A/ DlS(;f Fr. OF c I~~/~ PT. ,,~ W .y90/4W~ " t= rJW '/4! DF Ai W 1/'1 ()~ S'W tlv l..~"$S ~(JA6. dJi:J- /5- /3-4 """00- .3~(J- ()S't70 PROPOSED USE AND SIZE / too' GJ Iff~Lt.:SS (!c"..,..., "JJ.I~Arl()N j rot./EIt.- (number of dwelling unrts, hotel rooms or square footage of nonresldenbal use) 00' K /<It) I stZE OF SITE DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS? YES _ NO L (J~I) J"'&. ,cr. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscnbed before me thtS 17TH day of (l? A "I , A.D . 19 9lf. to me and/or by In" CE If ".,. c..ool'Eit- , who IS personally known hs:; J:lr~dl..lGed a6- ldefltl fic.atlon. n".-fL ~ {j",. · ~,::7..,_ . _. d~~~;~ I, the undersigned, acknowledge that all representations made In this application are true and accurate to the best of my knowledge /. FU .. - -OR PLANNING OFFICE USE ONLY: .AND USE DISTRICT OF PARCEL' ZONING: ZONING CLASSIFICATION OF ADJACENT PARCELS NORTH SOUTH FUTURE LAND USE CLASSIFICATION OF ADJACENT PARCELS NORTH SOUTH EAST WEST NUl" ot' ~L.. LLl.: 727-1'7'"\6-0417 p.3. ~~ . "" , CITY OF CLEARWA.s.ER AFFIDA VIT TO AUfHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPALSERVlCES BUUDINO. 100 SOUTH MYRTLE AVB'WE. 20<1 PLOOR PHONE (721)-S62-4567 PAX (727) 562-4576 ' STATE OF FLORIDA COUNTY OF PINELLAS W f L.l. (Am (f; ~otfr; Il.AS flof'€, b€(J~GI',4 S (Name off aD prcpwty cwners) 1 That (I am/we are) the owner(s) and record title holder(s) of the following described property ADDRESS OR GENER.A.llOCATION oS 0 S V IIf ~ I tV I II LA JJ e ~leAItWATEIf'. rFL jfj1fgv 2 That this property constitutes the property for which a request for a: / (PO I --rIi LE COm rrtUAJICA T/(J,.I~ -rctJ~1!. (N liMe of ruquest) 3 That the undersIgned (haslhave) appoInted and (does/do) appoint Am Iii If( 'I."II,J LlJ:oAt;E" LLC! m f{(~.tr . C!col'(f'1f ,:!./tIlA Ct:;,',rJ:1 ~NIJY 41(7"'J"'~) as (hlsJthelr) agen1( s) to execvte any petltlons or oIhllr QQc;umenls nllO$$6ary 10 effeollllJeh pabtlon. 4 That thiS affidavit has been executed to induce the CIty of Clearwater, Flonda to consider and act on the above described property, (we), the undersigned authorrty, hereby certify that the foregoing Is true and correct. ~-"Y];fA ~a/J SIGN (P~Owner) d STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscobed before me thIs /7 TH day of fJ1A Y. , A.D , 19 99 to me and/or byt.JI'-Ul9m !' HoN tSe""G II..AS . who Is personany known Rii: pP9syaeEl aSldeAtlflratlQR SIGNED (P~ Owr>er) SIGNI;.U (Property 0WI\eIl ~ My comml$alon BXplfe9 ~'A~' ! IIGtIfy Public. SlItt II FlaIldI My CiPnI. Er,pm 11'lWOllO No cc tIIftI .... lIUll GlftlfJIlIf.tD1 ""'*' 1 12M1Z1 lROPERTY INFORMA liON 1) APN SubCondo 'I..:..... Strap # County AIM PG# ACRPG# Region Census Owner Property 505 VIRGINIA LN, CLEARWATER FL 33764..&260 C05S 29-15-13-o0000~20-o500 ACREAGE AND UNREC PLATS TIRJS 29-15-13 MUniCIpality Property Tax Tax Year NORTH Mill Code 266.01 exemptions GEORGILAS WILLiAM & HOPE/HW PINELLAS, FL 99 $2,205.39 1998 Delinquent Mall 300 S DUNCAN AVE; CLEARWATER FL 33755..&467 C021 r~ , Use Total Value Land Value Imprv Value Assd Year Taxable % Improved ExemptProp Phone STORE BUILDING $96,800 $83,300 $13,500 1998 $96,800 13% SALES INFORMATION LAST SALE Record/Sale Date 0111990 0111990 Sale PncefType $115,000 OR B&P/Slamp 7166-250 Deed Type 1st MtgfType Mtg Name SeUer KARRAS JOHN & DENA . Transfer B&P Sale Comments #ParceJsJlast Sale. Nominal Info = Date 04128/1998 Doc # 10074-2561 PRIOR SALE 07/1985 $134,500 6025-160 Type QUIT ClAIM DEED SITE INFORMA liON # BUildings # Units County Use State Use ImproveType Zorung Legal Plat BkPg Legal BlkfBldg Legal Lot SIZe 100X140 LotAIea 14,000 11320 Park Type' 11 Park#ISF 04 Site Influence 109-48 Legal LotlUmt 320 5 100 FT OF N 250 FT OF E 164.5 FT OF W 492.88 FT OFNW 1/4 OF NW 1/4 OF SW 1/4LESS RD Comments COUNTY USE.STORE-ONE BUILDING ;fMPROVE TYPE:COMU1 FAMILY ;FLOOR SYSTEM:WOOD W/SUB FLR ;X-FEAT:ASPHALT PAY UOOSF \ "- ' @ 1996 Win2Data 2000 IMPROVEMENTS Gross Bldg Area Total AdJ Area Bldg/llvJng Area Adjust Area $JSqFt YrbltlEff # Stones Bedrooms Rooms FuJVHatf BaUl BathslFoo' Fireplace. Condo Fir' Pool Porch Basement Construct Foundation Ext WaD Int WaD Floor: Roof Type Roof Mati Air Cond Heat Fuel Heat Type Bldll Desc: BAS OPF 2,176 2.140 $53 1951 1 1 4 Y CONCRETE CONCRETE MANSARD COMPOSmON SHIt WALL FURNACE SIZe 2140 36 Page 1 of 1 .......'" ,r- I I I 7(1/ (.1 /'-" AGREEMENT TO THE PURCHASE .AND SALE OF REAL ESTATE THIS AGREEMENT TO THE PURCHASE AND SALE OF REAL PROPERTY (" Ag reement"), made and entered l.nto this day -/...!I.- of 1"11;/ , 199~, by and among: (a) Wl.lliam & Hope Georgl.las (Sel.lerll); and (b) Amerl.can Infoage, L LC ( " Purcha ser ") . WIT N E SSE T H: WHEREAS, Seller l.5 the owner and holder of all that certal.D tract or parcel of land lYl.ng and being l.n Cl.ty of Clearwater, pl.nellas County, Florl.da, Tax Parcel I. D. # 29-15-13-00000-320- 0500, also described S 100 ft of N 250 ft of E 164.5 ft of W 492.88 ft of NW ~ of Nw ~ of Sw ~ Less Rd. Purchaser w1shes to purchase the subJect property as shown on Exh1bl.t "A" attached hereto (hereinafter Property); and WHEREAS, purchaser desires to purchase the Property from Seller, upon the terms and condl.tl.ons of this Agreement, and Seller, likew1se upon such terms and condl.tl.ons, 1S wl.lll.ng to sell the Property to Purchaser: 1. Sa1e of the Property. SubJect to and on the covenants and conditl.ons of th1S Agreement, Seller shall sell and convey to Purchaser and Purchaser shall purchase and accept from Seller, fee 5l.ropIe, marketable, record tl.tle to the Property at "CloSl.ng" (as herel.n defined). purchaser and Seller agree that the property's legal descript10n shall be SUbJect to the survey as determined under Paragraph 7 herelnafter. 2. Purchase Pr1ce. The pr1ce to be paid by Purchaser to ~pl1er In exchanqe for the Property shall be f ~_' ----J I _._. ___ _ - - - _ _ _' /le purchase Price shall r~ be~~' c sh at clo?ing... .. -- _ rCflE:h/?? /1 <::(ib 111 - &fvV/l--allt / / /' .. 3. ST MONEY As "Earne~ Money" Purchaser has{ pal.d, by Purchaser's check, t sum of ) ( DOLLARS to as Selle. SubJect only to negotiation of Purchaser's check, Seller acknowledges recel.pt of the Earnest Money. The Earnest Money shall be applied at Closing, to the purchase Price or otherwise disbursed by Seller l.n accordance with the terms of this Agreement. 4. Closinq. SubJect to the extensl.on proviS1ons set forth l.n this Agreement, closl.ng of the purchase and sale of the Property (here1n called "Closing") shall be on or before one hundred fifty(150) days after the date of this agreement as shown above. L "'" ' ,r \ ( '- 5. Documents. At Closlng, Seller shall convey to Purchaser all of Sell~r's r~ght, tltle and lnterest In and to the Property by general warranty deed in form commonly recognlzed by real estate attorneys In Florlda. 6. T1tle. Seller represents and warrants to Purchaser that Seller now has, and at Closlng wlll convey, fee slmple marketable, record tltle to the Property, free and clear of all leasehold Interests, llens and encumbrances and subJect only to: (al general utility easements which serve the Property; and (b) real property ad valorem taxes for 1998 and subsequent years (taxes for 1999 shall be prorated as elsewhere provIded here1n); and (c)such other except10ns as Purchaser, after examlnatlon of Seller's t1tle to the Property, may agree to accept. 7. Survey and Inspection. Purchaser shall have the right to enter upon the Property at any tlme and from time to time from and after the date hereof wlth Purchaser's agents, employees, engineers, surveyors, envlronmental inspectors and the llke to conduct such tests and examinatIons of the area, surface, subsurface and other phYSIcal condlt~ons of the Property as Purchaser deems reasonable and necessary 1n ald of Purchaser's decislon to purchase the Property and to close. 8 IDspection Period. AnythIng here~n or elsewhere to the contrary notwithstandIng and 1n conslderatlon of the terms and condltlons of thIS contract Seller grants to Purchaser the rIght to terminate th~s Agreement 1n Seller's sole discretlon wlthout penalty or obl1gation, exceptlng only those obligations WhlCh are expressly made to surVlve hereunder. The foregoing right of termlnation may be exercised at any time prior to five o'clock p.m. Eastern Daylight Savings Time on the ninetleth (90th) consecutive calendar day following the date of this Agreement (the "Termination Date") by Purchaser giving notice of exercise to Seller. 9. Prorat~ons/Costs. At Closing, real estate taxes for the year In which Closing occurs shall be prorated between Purchaser and Seller. Seller shall pay any real estate stamp tax due upon recording the general warranty deed and the costs of recording the instruments of conveyance. Purchaser shall pay the cost of the survey and of Purchaser's tltle insurance policy. Seller shall be responslble for the cost and expenses of Seller's legal counsel. Purchaser shall be responsible for all costs of purchaser's inspection of the Property and the fees and expenses of Purchaser's legal counsel. 11. Possession. Purchaser shall take possession of the Property at Closing. 2 ( '. /" ~, , t 12. Seller's Warranties. As matters which are true and correct 10 every mater1al respect and which shall be true and correct at Closing, as eV1denced by Seller's execut10n and delivery of the general warranty deed, Seller represents and warrants to Purchaser that: (a) Ut11ities. All necessary publ1C or private ut11it1es includ1ng, water, sewer, electrlcity, telephone are ava1lable at the Property. (b) Access. Access, for ingress and egress, by veh1cular and pedestrian means, to and from the Property is available dlrectly from the publ1C right-of-way of 21st Street North, which is contlguous to the property. (c) Envlronmental. Seller knows of no act10n proposed, and has not been not1f1ed of any action pending by any agency of the State of Florida or the Federal Government requ1rlng env1ronmental cleanup of the subJect property. 13. Default and Reme~es. r- ( . (a) BY Seller: In the event Seller shall fall or refuse to consummate the purchase and sale of the Property for any reason other than default or early term1natlon by Purchaser, or lf any representation or warranty of Seller made and given herein shall prove to be incorrect, incomplete or untrue ln any material respect of WhlCh Seller knew or shOuld have known when such warranty or representat10n was made or given, Purchaser shall have the right to give not1ce of such circumstances to Seller and: (1) proceed with all remedies available to Purchaser agalnst Seller at law or in equity lncluding, w~thout limitation, specific performance; or (i1) terminate thLS Agreement upon notice to Seller. \ . (b) B~ Purchaser: In the event Purchaser shall fall or refuse to consummate the purchase and sale of the Property for any reason o~er than default of Seller or the exercise of any termination right given to Purchaser hereunder, then on notice of Purchaserrs default glven by Seller to purchaser, Seller shall retain ~he full amount of the Earnest Money as liquidated damages (and mot as a penalty) ln full and complete satlsfaction ~f Purchaser's obligations hereunder, it being acknowledged ~y Seller that Seller1s damages would be difficult to ascertaln and that the amount of the Earnest Money is a fair estimate of smch damages. Upon payment of the Earnest Money to Seller, this ~greement shall terminate for all purposes and be 3 ( ~' ! , [~ of no further force or effect exceptlng only as to those matters which are expres~ly made survlvlng. '-- 14. ~scellaneous Provisions. (a) Modificat1on and Amendment. Th1S Agreement may not be modified, altered or amended by any means other than 1n wr1ting, executed by each and all of the partles upon whom such amendment is to be effect1ve, in the same degree of d1gnlty as this Agreement is executed. (b) Bind1ng Effect. The terms, covenants and cond1t1ons of th1S Agreement shall be bindlng upon and inure to the benefit of Purchaser, Seller, and the1r respective successors, ass1gns and legal representat1ves, all of which terms are 1ncluded with1n the defln1tlon of, respectlvely, "Purchaser" ,and "Seller". (" (c) Not1ces. All not1ces des1red, necessary or requ1red to be given 1n respect of thlS Agreement shall be 1n writing and shall be deemed glven and effect1ve when hand del1vered against wr1tten rece1pt or on the th1rd (3rd) bus1ness day from and after the date upon WhiCh such notice is deposlted (as evidenced by rece1pt for depos1t) to the Unlted States Postal Serv1ce, postage prepald, certif1ed mail, return recelpt requested, and addressed as follows: If to Purchaser: Amer1can Infoage, LLC 2727 Ulmerton Road Suite 230 Clearwater, Florida 34622 Tel: 727-556-0220 Fax:727-556-0417 If to Seller: Will1am Georgilas 300 S. Duncan Ave. Clearwater, Fl. 33755-6457 or to such other address or attention as may hereafter be glven by proper notice. (g) Assignment. Purchaser may, without the consent of Seller, assign any or all of purchaser'S rlghts hereunder to any person, f1rm, partnersh1p, corporation or other entity; provided that, to the extent of Purchaser's interest in the Earnest Money, Purchaser shall not be relieved of its obl1gations under this Agreement. If any such assignment is made, then the sale contemplated by th1S Agreement shall be r', I:. 4 {~ j ~ '" r-- I \. .~. r '---- ~ l -~ t f consummated in the name of, and by and through the authorlzed officials of, any such assignee. (h) Possession. Seller shall deliver possession of the Property to Purchaser at closing. , (i) Ent1re Agreement. This Agreement and the exhlb1ts attached hereto and incorporated here1n constitute the ent1re agreement and understanding among the part1es and all prlor agreements, undertakings and understand1ngs, written or oral, are merged herein. IN WITNESS WHEREOF, Purchaser and Seller, by and through their respect1ve and duly authorized offIcers and representatives, have caused thIS Agreement to be executed, have affixed their respective seals hereunto and, where appropriate or necessary, have attested the same, and have delivered this Agreement, each to the other, 1n mult1ple counterpart originals, on the day and year first above wrItten. PURCHASER American Infoage. -C /' BY: r C.i!f-~ WI ness ' SELLER: William and Hope Georgllas BY: Witness ~ ~~;j/le/J Hop eo?1i1as Witness 5 ,. ~... ~/ c- (:; ( PERSONS HAVING A CONTRACTUAL INTEREST Owners (Sellers): William & Hope Georgilas Agent (Buyers): American loloage, LLC (Miller M. Cooper, Cindy Domino, & Brad Collins) ... ~ 3:: .., :)>-- ::1; ~'; 111'" ;~ ( " o ..:g ;;0 <: .~ r1 ;- 10.,) ~1 , I '", -- -----;rrrNr- -- -- ~ . T--~ --- I(OXD --- - - ~ ~. r: ~oo) w ~ "~.. ~0 ~ ~ ~ M t\ ;; 1IO 110 10 ~ ... GO ~ ~:.\2/ \v\Vr8W~': - ri\ ...... :: 'C ".~W i J j 1-..'" .." . - ''2\ (or.' 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LEGAL DESCRIPTION , ! , , ",j Address: 505 Virginia Lane, Clearwater, FL 33764 Parcel ill #29-15-13-00000-320-0500 Lot Size: 100' X 140' (14,000 sq. ft.) Legal Description: Begin at the Northwest comer of the Southwest quarter of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida, and run thence South 89*22'54" East, along the quarter section line, 328.55 feet: thence SouthO*00'38" East, 150 feet for a point of beginning, thence South 0*00'38" East 1 00.00 feet; thence South 89*22'54" East, 164.44 feet; thence North 0*03'28" West, 100.00 feet; thence North 89*22'54" West, 164.35 feet to the beginning, less the West 25 feet of said lot which is reserved for use as a public highway. Ii[ -( ~di -Ii A II 1=1 a -,I! I = c~~1 u :: ' " , 50:; Virg.. k (~_=---ll I .,' .~ If] :?' : ~ IJ I Inla Lane [ ~ J! u,\.. . _~ 1 B1 ..llC[n Field ~~ '. .., ..r;l--> ,>~ .-Ii ,,~ ~. II 7'r~ tl'l.1' f =- , 1 ii-I ~ II ~ IT jj r~ _ , I II = '--' ' II ~ ..1/<--, =J. 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Stree:I::mjji:[J;~ L~ 1500 I ,. May 25 C9 5419:39 ,.-~' -I - Local Road - Map' Connector - State Route - --.J L 9IQRI,RAlI Ado:) Jsag LOCATION MAP w ;:) Z IO..~ W > 0' jl'UILI( <I( ..~ 1 OUC' 001> ;: ~ ~ 9 ! l,l ~, " l j ~ .:r w 0 .. Q" ~ 6 J! 1(3 s i : ,n II' ~ I ,>> f !(!!~ ~~ ! 8 ')(1('1 ,~. ~~ .n "I .. ) II ~ GUlf' """"" II V"i '0<<11 !Ill 'U(I) .. . .. ~. 8 II 1 ~ ~ , 2 &'<1<) II' I IOl PIS ( '-- XERC x r.Opy WORK ONl Y WOULD YOU LIKE TO KNOW THE XEROX CHARGES OF THIS JOB WHEN IT IS COMPLETED? ~ YES D NO JOB NUMBER CITY OF CLEARWATER Graphic Communications YOUR XEROX COST IS $ WORK ORDER DATE IN CoIN' /q9 DATE DUE fo/~q9 DATE DElIYERED DIVISION :li o a: LL 4 DIGIT DEPT J DIV CODE AAlWORK PROOF YERIFICA TION TO EUVER TO 1II Z o j:. -<< u ii: U 1II n. 1II r:Il o ... MASTER ATTACHEDlCamera ready NEEDS TYPESETTING OLAMINATING 0 REDUCTION o ENLARGEMENT STOCK o XEROX 0 COYER WEIGHT o SPECIAL ORDER o NCR (Color Sequence INK COLOR o ONE COLOR o TWO COLORS o OTHER (Speclfy Nurrber 01 Colors) o PADDING 0 STAPLE o TOP 0 TOP LEFT o SIDE 0 SIDE o BLACK 0 BLUE o RED 0 BROWN 0 GREEN o COLLATE I o NUMBERING START. FINISH. o BINDING COLOR GBC TAPE CUTTING SIZE AFTER CUT POSTERS QUANTITY NUMBER OF ORIGINALS o OTHER (Anach Sample) COLOR o DRILLING 03 HOLE STANDARD 0 OTHER (Mach Sample) o MOUNTED o NON MOUNTED o FOLDING o IN HALF o THIRDS 0 FOURTHS SPECIAL INSTRUCTIONS ~ ~ Q.o\O(' ~ ~ ~~~ '-4~. ~ ~\t)( SECTION BELOW FOR GRAPHICS USE ONLY ~ STOCK ORDERED BINDERY CHECKPOINTS DATE RPO. CUTTING (FINAL SIZE) COMPOSITION - NEGATiVe _ PADDING REG FAN APART STOCK DESIGN/ARTITYPE HOURS _ COLLATE MACHINE HAND CONSULTATION HOURS _ FOLDING MACHINE HAND DESIGN NEGA TIVESIPMT s COST - STAPLE MACHINE HAND DRILLING BINDERY STRIPPING NEGS HOURS SPECIAL INK PLATE S NEGATIVE PLATE _ LAMINATING STOCK INK COLOR _ BINDERS TYPE OESIGNIPRINT SPECS SILYER MASTER # OF PLATES NO OF BINOERS _ COLOR 11 11 + NUMBERING - THERMO WRAP - NUMBER OF PKGS PRESS OTHER PRESS POSTERS QUANTITY FIRST SHEET PROOF TOTAL IMPRESSIONS MOUNTED YES NO PARENT BINDERY STOCK QUANT JSIZE CUT TO PCS OUT TOTAL PIECES STOCK COST RULE-OUT COLLATE DRILUINSERT BOUND . TRIMMED ~ JOB COMPLETED BY . .~ J;>::: INVOICE NUMBER AMOUNT BILlED 'Enbgfiten us f make sure your work order 1$ complete 92250001 GC Rev 9/96 %anI<:J for your pnntlng oraer ::' ..~~~:;~ }.',~;~:,., - ... Best Copy ~Htt~ -.. u. -.. TUI -- N/" <:~ CITY OF CLEA PUBUC WORK:WATER. FLORIDA ENGINE~~~~~ ISTRA TlON VICINITY AERiAl DATE FL MAP OWN 12/09/96 VAR 34 oeft] /99 II.( .... W9-01 MIl' 1 C'r , N~~.!o~ ~ A11!IIIIIIIIIIIIIIIIIIf'h..... NORTH 1" = 1320' Loca Liarl IvIa p 505 VIGINIA LANE Q:~E~ CITY or CLEARWATER. nORmA .;' ,I, <:i , ::'~6) PUBUC WORKS ADMINISTRATION ~3~ ENGlNEERING !; - "'lllo- SOl ! i i~~~800 Ill) - - :ttn I c 1 S03 1 10 :JQ1I w f ~ w StJS w > > 0 30f > <( 7 308 <( <( 2 ('j 9306 <( 301 S07 >- .3~ <.J V) a4 S08 309 CJ CXJ SOB -< ::> 309~ 6 V) an 3 C\l ~ ~ Z 310 8 3'0 iJ .3 ~ ::> 3'S B <( 400 Z 40' V) Z ~ 4 <( "00 5 fOR 0 4 Cl 4- 0 4 5 ui ~ w fO' i2; 7 Q: 401l fOIl~ f03 fOB a.. 0 0 401 U f06 f fOf 14/23 ;/01 6 CJ) 5 407 5 6 fOfJ 0 N /20 0 409 5 ......... ......... .10 f09 408 n "l m ui 4n V) N N flO N V) N ......... /21 v 14/24 23/03 23/04 23/05 ~ ~ ~ :t :i Cl Cl 2:; 80 '! S! ; I = 60 60 60 '! 49111- 0 ~ GUlf TO VI BAY ~ ~ SR 60 - 60 ~ ~t ~ I OJ ~l " :e CI:I "50~ JJ i 10 t:: '! 32/04 ~ ~ 10 ~ 4 3 2 1 .J3 C 1 34 .. 32/18 ~ w 11 S" ....-4 SID Z g:, 33 \ R <( I _<;,.,6 CO 5 SI2 Unl~ of Title <( 32/05 SID ...J 32/03 2 95 )-2264 60S 61Z f ~i. ... .. ~ 50 SI. DC= 32/17 SIS <( 32/22 32/06 3 32 9 61 ~ 0 SI8 0 623 A / S2Jl .- SM 32/16 Mg S2tJ 519 I BOAF ti ...J 32/23 4 31 u t.... 52612 11 0::: SID 32/07 t.l SS!9 Sit A-J lD !is 527 14 ~ 32/24 32/15 s" su ;:u us OF PUl 13 518 5 0 30 t!J SIZ 3~ 0 - - 63' 32/08 "- 32/25 32/14 <( S2fJ V) 617 ) S3316 15 S30 i5 ~ 618 Z 32/09 6 fTl 29 - 636 63f S3S i3 Q , 18 17 32/26 32/13 0::: 63D 63' - > 7 28 20tt ~19 6fl sm 32/10 ~ 683 - -- ]] 32/27 32/12 32/11 600 BOI 27 ~ 8 \ \ 32, SIU 50 624 :l~ to. 1140 55 54 53 52 51 50 49 9 BtH\ \606 26 ~14 15 I I ~ ~ I I i lID 48 i 600 10 25 60S ~ PINE "T 608 1609 FILE NAME: V99-01 FLEXIBLE DEVELOPMENT REQUEST OWNER: .......,LlIAM & HOPE GEORGILA5 I CASE # VAR 34 ADDRESS. 505 VlGINIA LANE I ZONING COMMERCiAL ATLAS PAGE: 298A I SiC: 13 \ TWP: 295 I RANGI: 15E COMMUNITY DEVELOMENT BOARD Prepared by EA- Public Works Administration 1 <'" Best Copy Available \ - CDB MeelJOg Date July 20 1999 i\genda Item ~ CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT BACKGROUND INFORMATION' c:,Of'~ APPLICANT WIlliam and Hope Georgtlas REPRESENT A TIVE Amencan lnfoage, LLC LOCA nON 505 Vlfgmla Lane REQUEST Flexible development approval to construct a 160 fOOl tall tclecommURlcallon to\\er and three concrete pads on which 10 place the eqUipment PLANS REVIEWED Site plan prepared b) NatlOna] Data & Commumcallons dated 6/18/99 SITE INFORMATION PROPERTY SIZE 13,900 square feet PROPERTY USE Current Use Proposed Use Office Office and communtcatlon tower PLAN CATEGORY CommerCial Genera] ZONING DISTRICT CommercIal Dlstnct ADJACENT LAND USES Adjacent land uses are conunerclal STAFF ANALYSIS Amencan Infoage prOVides towers 10 the commUntCatiOo mdustlJ for the collocatiOn of antennas Amencan r nfoage IS requestmg fte'lble development apprm al to construct a 160 foot tall tower capdb Ie of suppOrllng at least three antennas The e'{jstmg office bwldmg Will remam on the site and contlOue to be used as an office The to" er w111 go to the cast of the buildl ng There are no standards (setbacks lot Width, elC ) 1D the Commercial Dlstnct for commUfllcatlOll to\\ ers There are, however, three cntena for telecommUnicatIOn lo\\ers 1D the Commercldl DIstnct Page 1 CRITERIA FOR TELECOMMUNICATION TOWERS (Section 2-704 L): I No telecommunicatIOn to" er IS located on Clearn ater Beach The lelccommurucatlOn tower IS located one hundred feet south of Gulf-to.Bay Boulevard and \\111 not be located on Clearwater Bedch 2. If the telecommUDlcatlOn to"er IS located Wlthm a scemc corndor deSignated b)' the c.t~ of C1earn ater or a scemc noncommercial corndor deSignated b) the Pmellas Planmng COUDCII, the apphcant must demonstrate compliance with the deSign cntenJ. m those designatIOns. The telecommul11CatlOn tower IS not located \vltmn a sceIUC comdor deSignated by the CI~ of Cleanvater 3. The deSign and construction of the te!ecommumcatlOn tOl'ter comphes with the standards m Article 3 DI\lSlOn 20: 1 Jomt use of eustmg towers reqUIred as an alternative to new tOller constructIOn. Jomt use of existmg telecommuDlcatlOns towers or other eu~tlng buildmgs or structures IS reqUired as an alternatn.e to new tol'ter constructIOn whenel'er feasible. Therefore, anyone consldenng new tower constructIOn, must first explore other optIOns. Pnor to the issuance of any bUIlding permit for a new tower, a determmahon must be made tbat no eXisting tol'ter or other structure IS available as a reasonable alternatIVe. An applIcant requestmg a permit for a new to"er shall submit eVIdence to the City that supports a conclUSIOn that no reasonable use caD be made of any eXJstmg to\\cr or structure. The eHdence shall clearly establish one or more of the followmg conditIOns: ~~/~f &l-~~/Y1,u4- a. --- No eXlstmg tower or structure IS located withm the geographic area reqUIred to meet the applicant's co\'erage reqUIrements. b EXlstmg tOll ers or structu res are not of suffiCient height to meet the app IIcant' s engmeermg requirements. c. EXlstmg towers or structu res do not ha\ e suffiCient structu ral st ren gth to su P port the applicant's propo~ed antenna and related eqUIpment. d The applicant's proposed antenna "auld cause electromagnetic mterfercnce with or \l'ould be mtcrfered "tth b) other antennas If placed on any etldmg tower or structure. e. The fees, costs or contractual prO\lSIons reqUIred b) the ol'tner 10 order to share an existmg tower or structure for a time penod of rnenty-five (25) year!'>, exceed the cost of del-eloping a new tower f. It IS not financlall) feaSible to modlf)' or replace an eustmg tower to accommoddte the proposed antenna. g The applicant demonstrates that there are other legitimate IImltlOg factors that render eXI''lllOg towers and structures unSUItable. Page 2 The applicant has staled that the proposed lower must be located m tlus geographic area In order 10 cover a specwc range of broadcastmg The only other tower In this area IS located on the Clearwater High School property and IS owned by the Pmellas County School Board and leascd to AT&T ThiS tower IS In poor conditIOn and neither the School Board nor AT&T has plans to Impro\ e It The apphcant has stated that the eXlstmg to" er cannot structurally hold any more \\elght and therefore cannot accept any more antennas The applicant, however has not sub nutted eVIdence from either the School Board or from AT&T to support these conclusIOns Staff recommends that a conditIOn of approval be that pnor to the Issuancc of a dc\elopment order, the applicant must subnut eVIdence supportmg the poor condlllOn of the eXlstmg tower located on the Cleanvater High School propeft'., 2. Jomt use of ne\\' towers required. Joint use of any new telecommunlcdhons tower IS reqUIred l'thene\er feaSible In order to promote JOInt use of new towers, pnor to the issuance of a hmldlOg penmt for a new tol'ter, the apphcant shall demonstrate a commitment to jOlOt use as follows: a. SoliCitatIOn of addItIOnal users. The applicant requesting the permit shall submit endence to the Cit~ demonstrating that a genUIDe effort has been made to sohclt additional users for the proposed new tower. E\ldence of thiS effort shall mclude, at illlDlmum, caples of notices sent by registered mall, return receipt requested, to all other providers of cellular and per~onal communicatIOn senices 10 Pmellas County, Flonda, adVISIng of the Intent to construct a Dew tower, Identlf~lDg the locatIOn, mvitmg the jomt use and shanng costs, and requestmg a wntten response l'tlthm fiftceD (15) days. The applicant has subnutted proof thaI he has complied Wlth these requirements The letter, the list of users that the letter was sent to and the copies of nol1ces sent by registered mail are attached to the apphcallOn b. Agreement to allow future JOInt use. The applicant shall Sign aD IOstroment, which sball be mamtamed by thc City, agreeing to encourage and promote the JOint use of telecornmuDlcahons to"ers within the City and, to that extent, comilllttmg that there shall be no unreasonable act or omIssion that nould hale tbe effect of excludmg, obstructmg or dcla}mg the joint use of any tower where fair and just compensatIOn IS offered for such use. The applicant has Signed an agreement and submltted It \'dth the apphcatlon agreemg to encourage JOint use of the to\\er The applicant. Amencan Info age, IS c'\.cluslvely In the bUSiness of supplymg to\\ers for collocatIon 3. DeSign Standards. a. Height Smgle user toners are allowed a maximum height of one hundred and h,enty (120) feet. To"ers dcslgned for jomt use may be greater 10 height pro\'lded the additIOnal height IS constructed COlDcldent With the actual use. Furthermore, eXJstmg conformmg to"ers lOa}' be mcreased 10 height to accommodate additIOnal users \\'Ith a Level One Approval. Toners deslgncd for roo uscrs arc allowed a maXImum height of onc hundred and fort} (140) feet. Toners deSigned for three (3) or more users are alloned a ma'tlmum height of one hundred and Slxt)' (160) feet. Page 3 As prevlOusly mentioned the applicant IS m the busmess of collocatIOn and profits from maXlml7lng the use of the tower The applicant has stated that the tower w1ll have more than three users and, therefore, has proposed a to\\er of one hundred and Sl'(ty (160) feet taB The applicant has also stated that contracts \nth users are not }'et finalized but should he final pnor to the Board meeting Staff recommends thai the approval be for a one-hundred foot to\\er (one user) untIl the Amencan Infoage submits contracts WIth three users b. Setbacks. From residential uses. Towers shall he set back from eXisting reSidential uses a distance equal to tbe height of the tower The distance shall be measured from the base of the to"er to the reSidential property hne. The property IS surrounded by commercial uses The applicant has mdicated on the site plan, and the staff has \ enfied. that the nearest reSidential use IS located one hundred and SIXt:) (160) feet from the proposed to\\er locatIon II. From histone dlstncts and listed structures. Towers shall be set back a mlmmum of five hundred (500) feet from an} NatiOnal RegISter Hlstonc DI~tnct and from any mdlvldual structure listed ID the NatIOnal Register of Historic Places. No National RegIster Hlstonc Dlstnct or IlldlVldual structure listed 1D the NatIonal Register of Hlstonc Places IS located wltlun 500 feet from the proposed tower ill. From property hnes. Towers shall be set back from propert)' hnes in accordance l'tlth the reqUIrements set forth in the zonlDg distnct rcgulatlons. There are no setback reqUIrements set forth III the zOIllng dlstnct for telecommUnIcatIon towers The proposed tower and concrete pads on which to locate the commurucatlOns equipment are setback from the prope~ lines based on the buffer reqUirements which are ten feet from the Side and front propert) hnes c. Color and fimsh. E:lcept for paIDtmg or markIng reqUired by the FAA, touers and su IlPorti ng st ructu res shall be a neutral, non -gl are color or fi DIsh, so as to reduce vnual obtruSIVeness. The tower appears m the subrrutted photographs to be firushed m a reflective, metallic color Ho\\ever the applicant has stated thai the tower IS of a nonreflective neutral color Staff recommends that as a condltlon of approval the applicant submit a color sample pnor to the Issuance of a bUlldmg permit d. Fencmg. Towers shall be enclosed by a SIX (6) foot high secunty, masonl')' or wood fence. A sli\.-foot high cham link secunty fence IS shov.TI on the subrrutted Site plan e. Landscaping/Screemng. The penmeter of the tower site shall be buffered With shrubs selected and placed to screen the base of the tower and, to the extent pOSSible, With trees !.elected and placed to mimmlJ'c the vertical scale of the tower A minimum of ten (10) feet of landscape buffer shall be prO\lded around the outside of the rcqulred fencmg The landscapmg deSign reqUIres approval of a landscapm~ plan b~ the Page 4 CommuDlty Development Coordinator as a Lc'\el One Approval In accordance with the p rO\ ISlons of Article 4 D i"iSlOn 3 of tb IS Development Code. The applicant has not shown 10 feet of landscapmg around the tower fence However, there IS ample room to locate the to\.\'cr closer to the eXisting bmldmg III order the comply \\lth tills requirement The applicant has mdjcated on the Site plan that the tower site w111 be surrounded by penmeter plantmg m compliance \nth the ell}'s regulatIOns The applicant IS pr0\'1dmg the reqUIred buffer along Vlrglma Street m addJuon to the buffer reqUIrements for commurucatlOn towers Staff recommends as a condltJon of approval that the applicant subnut a reYlsed site plan showmg the tower five feet closer to the eXlstlllg buddmg and a landscape plan shan mg the requlfed buffer around the to\\'er fencmg as well as the number and types of plant specIes pnor to the Issuance of a development order f. lIIummation. Towers shall not be artifiCially hghted except as reqUIred by the FAA. At time of construction of a tower, m cases where there are reSidential uses locdted Within a distance which is three hundred percent (300%) of the helgbt of the tower from the tower, dual mode lighting shall be requested from the FAA. The tower IS not reqUIred to be illummated by the FAA and the apphcant has not proposed to tllununate the tower g. Appurtenances. Appurtenant bulldmgs and structures sball conform to the standards set forth in tbe zonlDg dlstnct regulatIOns. Such bulldmgs and structures shall be screened from adjacent properties and public streets. At a tower Site, deSign of the bUIldings and related structures sball, when practicable, use materials, colors, textures, screening, and landscaping tbat will blend tbem IOto the naturaJ settlOg and surrounding bUlldmgs to mmlmlZe the VIsual impact No appurtenant bwldmgs are proposed at thIS tJme The applicant has proposed slabs on which the users wIll place thelf bUlldmgs and eqUIpment The slabs are scrcened from adjacent properties and streets by proposed landscapmg Staff recommends that a conditIOn of approval be that all tower users place buIldmg and eqUlpment onl) on the approved slabs h DeSign. To the extent practicable, the tower shall be deSigned to blend mto the ..urroundmg environment 10 order to protect the aesthetics of the neighborhood "here the tower IS propo~ed. The proposed tower IS located III the mtenor of the propert) and IS not vlSlble from any street The property on which the tower will be located IS more than one hundred feel from Gulf-la-Bay Boulevard and wtll be landscaped to reduce any ad\'erse tmpact of the tower on the appearance of the surroundmg commerCial properties I. Wal\ers. The design standards Identified above may be reduced or waived If such red uetlon or "an cr u ould bette r satisfy the mtent of thiS D 1\'ISlOn and such modificatIOn or uaher IS reviewed and deCided by the Commumty Development Board 10 concert WIth the application for a Level T"o Approval. The applicant has not requested any waivers of the deSign standMds Page 5 ~ -' Advertlsmg prohibited; required Slgnage and secunty No tol'tcr shall he used for advertlsmg of any t)'pe, and the placement of SignS, other than" arning SignS and small m/or mat on placards l'tlth emergency and owner mformatlOn, IS prohibited All towers must be reasonably posted, m accordance WIth the City of Cleanvater Sign ordlOance, and secured to protect agamst trespass. The applicant IS not proposmg any advertlsmg 5. installation and malOtenance standards. Owners ~hall lD~taJl and malOtalO to\lers, telecom mumcations facIlities, l't ires, cables, fixtu res an d othe r eqUl pmeot 10 comphance with the requirements of the NatIOnal Electnc Safety Code and all FCC, state and local regulatIOns, mc1udmg adopted bUlldmg codes. Pnor to the Issuance of a certificate of occupancy for a tower, the apphcant sball proVIde an englneenng certification that the proposed structure meets such regulatory standards, lDc1udmg adopted bUilding code standards for wmd velOCity. All to"ers shall achle\e and mamtalD compliance With current radio frequency emiSSIOns standards promulgated b} the FCC. The applicant wtll comply With these reqwrements pnor to the Issuance of a Certtficate of Occupancy 6 Removal of abandoned antennas and towers. Any telecomrnuOIcallon tower that does not support an operatmg antenna for a penod of twelve (12) consecullve months shall be considered abandoned and shall be removed or reactivated upon "ntten notificatIOn by the City withm sixty (60) da}s of said notification. Failure to do so shall constitute a "'lolation of tbis Development Code. Not applicable smce no tower currently eXIsts on the Site STAFF RECOMMENDATION Based on the application and the site plan, staff recommends approval of the request submmed by Amencan lnfoage to construct a telecommulllcatlOns to\\'er at 50S Vlfglfua Lane With the follo\l;1Dg condll1onsl-\ ~ 'v,}cW</Y' ~ ~ ib' ,Je...'\} t#lfl/l1-"" 0 f\1eiV-kSL l t( ~'... '/ Ap~~hall be IOJl1ally for a tower 100 fcet 1D height unlcss the applicant subnuts Signed contracts A4l d iJ 0 ~ (0lt- tl..-6lhe Plannmg Department from three users dunng the effective penod of the development appro\al " I \ I l'-^A L ~ as speCIfied I n Section -l-407 of the Commulll ty Development Code If the applicant submits SIgned V 1\ i Cf!...- <;l Vt,,~ cont1cts from three users. the ~pro\ al shall be for a 160-fool commUOJcatlOn to\\er \J , -d tJt~;)~ Ltoy"\v',,Lt-t \fb (I z.,,1l f /I~L',}.,e ap~eant shall submtt oon acts" tlb Ibree use" pnot to Ibe tssuance of a bmldmg pennn fot a ~ (~'O foot tall tower ~~ ~ 11't~' lW VtJf I..i ( J- '6Jx]-ftt',J c_~ 3 The applicant shall subnu t a color sample of the tower mdlcatmg that the color IS nonreflectn e pn or 10 the Issuance of a bmldmg penmt 4 The to\\ er users shall place the lr bUlldl ngs and eq Ul pment only on the appro\ cd slabs IndIcated on the site plan Page 6 .. .) A landscape plan mdlcatmg plant species and numbers and locatIOn of plants shall be apprO\ed by the staff pnor to the I ssuance of a dc\ elopmcnt order 6 Pnor to the Issuance of a development order the applicant shall submJt eVidence supportmg the poor r condition of the eXisting tower located on the Clearv,.aler High School propert) 7 Pnor to the Issuance of a development order, the applIcant shall submIt a revised Sile plan locaung the tower five feet closer to the eXlstmg bUlldmg and mdlcatmg a 10 foot buffer around the required tower fencmg Prepared by Antorua Gerh, Development Review Manager AssIstant Planrung Director Approval Planrung Director Approval Attachments Location Map Zomng Map Aenal Photo Photo of tower sunIiar to the proposed tower Application ~~ LDc\ sk-~ , . , ~ <.l4 ~ r Gtrl (,rvJ..X J.4f\ CBU:..vl UDU- 0 l "-O..A...t ~ - ~ ~-, lbo ~ ~ \f ,,1. Il D<- r..-J. '. mr't\V\ t{,,1) ~tX. ~ M I / ,~~ ~ W )11 VLGl LJ. r l;vvJ ) J.o\/l' .,,/1 l ~ D ~\ /1 n t ( !--r- \Lll1't'N ~ Page 7 / COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER December 14, 1999 NOT APPROVED Present Ge raid Figurski Edward Mazur, Jr David Gildersleeve Shirley Moran Carlen A Petersen Alex Phsko William Johnson Also Present Pamela Akin Leslie Dougall~Sldes Ralph Stone Cynthia Hardin Lisa Fierce Gary Jones Mark Parry Etlm Udoh Brenda Moses Chair Vice Chair Board Member Board Member Board Member Board Member Board Member City Attorney - arrived 4 33 p m Assistant City Attorney - departed 4 33 p m Planning Director ASSistant Planning Director Development Review Manager Senior Planner Planner Senior Planner Boa rd Reporter The Chair called the meeting to order at 2 00 p m at City Hall, followed by the Invocation, Pledge of AllegIance, and a review of meeting procedures and the appeal process To provide continuity for research, Items are In agenda order although not necessarily discussed In that order ITEM 1 ~ REQUESTS FOR CONTINUANCES/RECONSIDERA TION 1 American InfoAge, LLC communication tower, 505 Virginia Lane (Requests for reconsideration have been submitted by Mr Hitch and Mr Baralt) Planning Director Ralph Stone said after the COB (Community Development Boa rd) a pproved the telecommunlcatlo ns tower application In November , AT&T representative Kevin Becker had forwarded the firm's position to the City and a newspaper article addressed the Issue Two neighbors of the proposed tower have requested the COB reconsider the action Assistant City Attorney Leslie Dougall-SIdes said approval of the application was subject to conditions The Rules of Procedure provide that reconSideration or rehearing of a deCISion of the Board may be requested by the Planning staff, a p plica nt, 0 r Interested party, and must be requested at the next regul arly scheduled meeting of the Board When contemplating a reconsideration, testimony should be treated as a quasI-Judicial matter With cross-examination permitted Concern was expressed someone can claim a mistake was made after any mcd1299 12/14/99 controversl al dec ISlon Ms Doug ail-Sides said a "mlsta ke" of fact differs from a claim that a board had acted inappropriately Three residents spoke In support of the request for reconsideration AT & T Wireless Services Site Acqu!sltmn and CollocatIOn Manager Kevin Becker said his firm has an agreement with the School Board regarding the Arcturas Avenue tower which has no additional capacity He said American InfoAge had approached AT & T reg a rdlng collocation or bUilding a ne w to wer at that Site The School Board must approve any collocation He said In September 1999, School Board representatIve Jim Miller contacted hIm regarding the American lnfoAge application 0 n Septe m ber 1 6, 1 999, he wrote to Mr M iller and faxed a copy to M r Sto ne I ndlC atlng AT & T encourag es collocation He saId AT&T leases space from the School Board Offers to rebuild the tower should be submitted to the School Boa rd As a tena nt , AT&T must be part of a ny ref ated proceed Ings to protect the firm's system and Interests In response to a question regarding hiS July 12, 1999 e-mail toNextel.Mr Becker saId the complete e-mal! had not been presented as It also had addressed pe nd Ing lease Issues It was stated Mr Bec ker' s e-mail , which was submitted at the November COB meeting, had Indicated the tower would neither be rebuilt nor refurbished and that Mr Becker had adVised Nextel tWice previously that the tower was not available for collocation Mr Becker said the e-mail had indicated the tower cannot handle additional collocators currently and Issues between AT&T Wireless and the School Board had not been resolved to allow collocation, rebuilding, or refurbishing the tower He said negotiations have continued for approximately two years In response to a question, Mr Becker said AT&T wants to remain on the air and IS Willing to collocate on the tower With as many carners as pOSSible He said If the Schoo! Board IS willing to work With other carners, he also Will conSider It He understands other carners need local coverage Ed Armstro ng, American Info Age representative, opposed reconSideration He said AT&T's promise IS vague He felt no misrepresentation, mistake, or fraud had been committed and no new mformatlon had been presented He said eVidence presented by AT&T I ndlC ates the School Board tower ca nnot accommod ate collocators He said the Board's process reqUires substantial competent eVidence He said AT&T had not a ppe ared at the Nove m ber meeting He sa Id the applicant has 3 vendors willing to share the proposed tower He said the Board IS not authOrized to suggest a pnvate sector remedy to replace a tower With a monopole Without consldenng related expenses Miller Cooper, applicant, saId Joe Feraca of the School Board had told him the School Board IS responsible for the tower and did not Intend to rebuild It It was remarked that Dr Hinesley's November 10, 1999 letter to the City Manager, stated the School Board was agreeable to a meeting only If AT & T representatives participated In diSCUSSions OUTIng a meeting With staff, the School Board had indicated a Willingness to conSider a tower on their property mcd1299 2 12.1499 Frustration was expressed that AT&T had not been present at prevIous COB meetings It was felt the Board's decISion had been based on testimony that misrepresented AT & T's position It was recommended the case be reconSidered I f the case IS reconsidered, It was suggested a de adtlne be esta bllshed for a [I concerned parties to participate In negotiations M r Armstrong suggested that AT&T had cha nged ItS pOSltlO n He sa Id AT & T' s stated wllli ng ness to discuss a new to wer IS beyond the scope of City Code He fe It the Bo ard IS pena lizlng his clle nt with another de lay beca use AT&T chose not to attend a heanng AT & T Community Affairs 01 rector Mary Helen Keen said AT&T had not been notl fled of 0 r invited to any meetings AT&T will work with the School Bo a rd to resol ve the problem but AT&T cannot re bUild a towe r It does not own Mr Stone said staff had recommended approval after eVidence had indicated the School property was not an option Concern was expressed regarding establishing a precedent and that COB decISions can be challenged If Interested parties are not In attendance Concern was expressed that submitted eVidence may not accurately reflect another party's true position Mr Cooper said postponements of this case allowed staff and the City Manager to conta ct AT&T a nd the School Board He sa Id he had acknowledged AT & T' s position regarding thel r School Boa rd contract and had su bmltted cost estimates to rebUild the tower and relocate School Board facilities to a new tower Even If the School Board tower IS rebuilt, a single tower IS inSUfficient to accommod ate a II c a mers He said AT&T cannot be expected to re build a tower or construct a new one to accommodate competitors Member Petersen moved to approve the request for reconSideration The motion was duly seconded It was felt no misrepresentation, fraud, or mistake had been made Concern was expressed regarding the process and ability to reach a decIsion in a reasonable time It was felt 2 towers are necessary to accommodate all carriers The Importance of adjacent property owners' concerns was stated Upon the vote being taken, Members Petersen, Moran, Johnson, and Pliska voted" Aye", Members Gildersleeve and Mazur and Chair Figurski voted "Nay" Motion carned 4 3. The meeting recessed from 3 1 5 to 3 22 P m ITEM 2 - CONTINUED ITEMS - None mcd1299 3 12/14'99 ITEM 3 - LEVEL 2 APPLICATIONS 1 Case FL99-Q 1 0-18 and TDR 99-10-01 - 10 Papaya Street and 11 San Marco Street (receiver site) and 423 Mandalay Avenue (sender site) Owner/Applicant Mandalay Beach Club, Ltd , c/o John Hobach, President, Location 1 63 acres located between Papaya Street and San Marco Avenue, on the east and west sides of North Gulf view Boulevard (receiver site). Zoning T (Tourist District), Proposed Use A condomln!um development with 157 dwelling units The applicant requests flexible development approval to permit attached dwellings as a Comprehensive Redevelopment In-fill ProJect, With front setbacks on both street frontages reduced from 10-15 feet to zero feet, side setback (east property line) reduced from 10 feet to zero feet, and a height Increase from 35-50 feet to 145 feet, TDR (Transfer of Development Rights) approval to permit transfer of nine development rights from 423 Mandalay Avenue to 10 Papaya Street and 11 San Marco Avenue, and vacation of the Gulf view Boulevard right-of-way, through the center of the site from Papaya Street to San Marco Avenue Member Mazur reported a conflict of Interest and did not participate In the diSCUSSion The 1 63-acre site IS between Papaya Street and San Marco Avenue, on both sides of North Gulf view Boulevard The site 1$ developed With commercial and reSidential Single-story structures The 45-year old buildings have declining rents and increasing vacanCies The site IS a top candidate for beach redevelopment and reVitalization Adjacent uses Include apartments, motels, a Hilton Hotel, and retail establishments The applicant proposes to raze the structures on site and construct 1 57 condo mlnlum units Phase I will Incl ude the northe rn bUlldl ng, a sw Imming pool, amenities bUilding, and Village green, Phase II will add the southern tower Underground parking will be prOVided under each tower Staff feels the project offers high Quality architecture and landscape deSign The ComprehenSive In-fill Request for a zero setback from streets and the east property line for the parking garage are conSistent With community character The Board of Adjustment and Appeal Will conSider the developer's request for a 3-foot setback from the seawall where an 18-foot setback IS required The towers Will be 120 feet apart and prOVide a view COrridor The development Will be 145 feet tall The sender site for the TOR at 423 Mandalay Avenue IS a City-owned parking lot The applicant Will transfer 9 reSidential dwelling units to that site from the Meridian on Sand Key The proposal also requests vacation of Gulf view Boulevard between San Marco and Papaya The development wlll enhance the area and promote private sector Investment The proposal compiles With the standards and criteria for FleXible Development approval for ComprehenSive In-fill Redevelopment project use, and With the Community Development Code mcd1299 4 1 2 11 4/99 Staff recommends approval subject to conditions Mr Stone said Condition 1/2 conSiders the seawall, an Issue associated with the Building Code He suggested amending the language to read "this condition applies If It IS determined it IS a seawall" ASSistant City Engineer Mike Guillen said Engineering staff supports vacation of North Gulf view Boulevard City sewer, water, and gas lines will be relocated at develooer expense - Michael Cheezem, applicant, said the proposal contemplates a high-quality development on Clearwater beach He said the Mandalay Beach Club will evolve Into a mixed-use community after redevelopment of commercial parcels The architecture IS compatible with surrounding hotels and the bUildings will be tiered Robert Pergollzzl, project planner and engineer, said with the vacation of North Gulf view Boulevard, the site will be 2 04 acres Parking exceeds Code minimums The development will attract permanent and seasonal residents Streetscape Improvements will be completed before the project Phase I is expected to be completed In 2002 Two residents spoke In Opposition to the applrcatlon, expressing concern regarding the Transfer of DenSity Rights and the proposed proJect's height Mr Armstrong said the proposal Includes exchanging one-for-one units between the Meridian project on Sand Key and the City-owned lot Mr Stone said the one-mile limitation for TORs IS too restrictive DUring the review of the Community Development Code, staff Will recommend an amendment In response to a question, Mr Stone said nothing can be built on the parking lot once the units are transferred TORs have monetary value and can be sold Mr Armstrong said a settlement agreement regarding property to the west of the subject site established denSity that runs With the land Ms Fierce said staff had estimated the height of the Hdton Hotel generally based on 12-feet per story Mr Stone said Without the TORs, the proJect's height would be limited to 100 feet Some south Plnelias County bUildings that extend from lot line to line lot do not feature view COrridors In response to a question, Mr Stone said no TOR pool eXists Unused development potential can be sold and recorded In City and County records Ms Dougall-Sides said Cheezum CorporatlOn and the City had entered Into a settlement agreement In 1997 The land Assembly ASSIstance Agreement contemplates court approval of another amendment It IS anticipated the City CommISSIon will conSIder that agreement soon While the court has continuing Jurisdiction, parties can come request amendment approval Ms Dougall-Sides said a height limItatIOn Will need to be addressed separately from the development agreement With the court Mr Armstrong said deSign requirements In the settlement agreement expire In 2002 The denSity computation IS perpetual The site plan addresses setbacks, FARs, etc that are valid and binding The City CommiSSion conceptually approved the development agreement and approved the land Assembly petition In October mcd 1299 5 1 2, 14/99 1999 The development agreement will be formally addressed In January 2000 One development agreement provISion contemplates amending the final order by JOint stipulation to indicate the transfer of density had accommodated the height Increase In response to a question, Mr Armstrong said buildings will not be built In nghts-o f~w a y Member Gildersleeve moved that based on the findings and concluSions stated In the staff report, the information submitted by the applicant and the testimony heard today, the application submitted by Mandalay Beach Club Limited IS In compliance with the Community Development Plan Therefore, he moved that the Community Development Board recommend the request for flexible development approval filed by Mandalay Beach Club Limited at 10 Papaya Street and 11 San Marco Avenue be granted subject to conditions 1) The application be effective upon City Commission approval of development agreement, 2) the Board of Adjustment and Appeal approval of request to reduce seawall setback IS required, or the Site be redesigned to meet the l8-foot setback from seawall requirement, If It IS determined that the structure IS a seawall, and 3) that the Gulf view Boulevard right-of-way be vacated by the City CommisSion The motion was duly seconded Members Petersen, Johnson, and Pliska and Chair Figurski voted" Aye", Member Moran voted "Nay" Motion earned 5 1 Member Mazur was not present for the vote 2 Case FL99-0 10-1 7 ~ 3063 Homestead Court Owner/Applicant/ Representative M r Gary Young, Location 0 3 acres loc ated on the south side of Homestead Court, appro Xlm ate ly 950 feet east of Abbey Lake Ro ad, Zoning LD R (Low DenSity Residential District), Proposed Use A 490-square foot addition to an eXisting 2,661 square foot Single-family dwelling Planner Mark Parry said staff had received 3 letters In opposition to the application The applicant requests fleXible development approval at 3063 Homestead Court for an addition to a Single-family dwelling, With a 5-foot side setback reduction to 10 feet as part of a ReSidential In-flil Redevelopment project Surrounding uses Include Single family reSidences The applicant proposes to construct an addition on the north Side of the house While related deed restnctlOns reqUire a 30-foot front setback, the addition will be set back 33 feet from the front property line The height IS consistent with the neighborhood and the zoning d Istnct' s ma xlmum helg ht of 30 feet The proposa I meets the sta nd ards and critena for fleXible development approval With the maximum development potential, the Criteria for residential In-flit proJects, and the Community Development Code Staff recommends approval of the reSidential In-fill project for a 490 square foot addition to a Single-family dwelling and a reduction In the side setback to 10 feet Gary Young, applicant, said he had built the home 8 years ago when neighborhood covenants allowed 1 O-foot side yard setbacks He requests the same use of hiS property as neighbors have done The front IS the only potential site for an addition mcd1299 6 12/14/99 Two residents opposed the request stating deed restrictions require changes be submitted to the architectural review committee of the Homeowner's Association I n response to questions, Mr Young said the project has been redesigned to Include an enlarged the entry/foyer and mterlor connection from the addition to the house He said he plans to submit the redesign to the Homeowner's Association following COB approval He said the addition will be used as a guest sUite, study, children's playroom, etc He does not Intend to rent the room or use It as an office He said this request represents a third plan The Association had approved the first plan but rejected the second plan because of a two-story addition Member Johnson moved that based on the fmdlngs and conclUSions stated In the staff report, the information submItted by the applicant, and the testimony heard tod ay, the appllc atlon su bmltted by Ga ry Young for property at 3063 Homestead Court be granted The motion was duly seconded Members Petersen, Johnson, Mazur, and Pllsko and Chair Figurski voted "Aye", Member Moran voted "Nay" MotlOn carned 6 1 3 Case FL99-1 0-19 ~ 402 and 420 Jeffords Street Owner/applicant Orthopedic Surgery Center of Clearwater, L L C ,Location 048 acres located on the northeast corner of Jeffords Street and Bay Avenue (402 Jeffords Street), and on the north Side of Jeffords Street, approximately 300 feet west of Ft Harrison Avenue (420 Jeffords Street) Zoning 0 (Office Dlstnct), Proposed Use Medical clinic This request IS for flexible development approval of a change of use from a blood bank to medical cliniC as a Comprehensive In-fill Redevelopment Project at 402 Jeffords Street Property at 420 Jeffords Street will be used for parking and support offices The area IS dominated by medical and resIdential uses The applicant proposes a medical cliniC for the Site occupied by Hunter Blood Center The current use I s defined In the Co mmunlty Development Code as "Pro blematlc" and IS not permitted In the Office District The applicant proposes a use that meets all Flexible Standard Criteria except It IS not located on a major arterial road Plans Include enlarged landscaping buffers and removal of 4 parking spaces within front setbacks The site IS on the edge of the Morton Plant Mease medical complex Staff feels the appl1cant needs to meet the Code's maximum ImpervIous surface ratio of 75 % Staff feels the proposal complies With the standards and criteria for FleXible Development approval, With the maximum development potential and Comprehensive In-fill Redevelopment Project criteria, and With all applicable standards of the Community Development Code Staff recommends approval of the application for FleXible Development for a change of use from blood bank to medical cliniC, as a Comprehensive In-fill Redevelopment Project at 402 and 420 Jeffords Street, With the condItion that the ImpervIous surface ratio not exceed the Code maximum of 75 % mcd1299 7 12/14/99 In response to a question, Ms Fierce said the building at 420 Jeffords Street will be used for ancillary administrative uses No patients will be seen there Charles Jacobson, representative, agreed to staff's recommendations Member Johnson moved that based on the findings and concluSIons stated In the staff report, the information submitted by the applicant, and the testimony heard today, the application submitted by Orthopedic Surgery Center for 402 and 420 Jeffords Street be granted as recommended by staff The motion was duly seconded and earned 7 0 4 Case FL99-09-1 5 - 510 South Highland Avenue Owner/applicant Henry and Mary Ann Boerner, Location 0 17 acres located on the northwest corner of Rogers Street and South Highland Avenue Zoning 0 (Office DiStrict), Proposed Use A 1,700 square foot veterinarian office ThiS request IS for FleXible Development approval of a ComprehensIVe In-fill Redevelopment Project with a reduction In required parking from nine to four spaces, a reduction In front setback from 25 feet to zero feet, and a reduction of side setbacks from ten feet to three feet {north} and five feet (west) Surrounding uses Include a motel, and residential structures CommerCial and residential uses dominate the area The applicant proposes to renovate the building as a veterinary office, a use permitted Within the Office District However, the site IS Within 100 feet of reSidentially zoned property The applicant has submitted Signed statements from the two abutting property owners stating no objectIon to the proposal The site IS noncompliant With most zoning standards including minimum lot area, ImperVIOUS surface ratio. front and Side setbacks, parking, and landscape buffers Highland Avenue functions as a north/south collector road The recent widening of Highland Avenue has resulted In InsuffiCient parking and difficult Ingress/egress The applicant plans to develop the site to Its fullest potential The proposed bUSiness will operate by "appointment-only" and prOVide outpatient treatment only Site Improvements Include removing two parking spaces from the nght-of-way, removing 1,100 square feet of pavement, repavlngJrestnpmg the parking area, Installing landscape buffers on street frontages, removing Ingress/egress pOint on South Highland Avenue, Improving other access POints, Installing a new roof, and painting The proposal complies With standards and criteria for FleXible Development approval. With the maxImum development potentIal, WIth the ComprehenSive In-fill Redevelopment Project criteria, and With all applicable standards of the Community Development Code Staff recommends approval of the FleXible Development application for a veterinary clinic, With a reduction of 5 parking spaces to four, a 25-foot reduction In the front setback to zero, and reduction of 10-foot side setbacks to 3 feet (north) and 5 feet {west} A recommendation was made for a condition reqUlfIng the business to operate on an apPointment-only basIs mcd1299 8 12/14/99 John Brunson, representative, agreed with the staff report He said the facility veterinarian has operated on an appointment-only basIs for 15 years He said the proposal will encourage neighborhood Improvements He said the Site currently has no viable use and has deteriorated He agreed to the suggested condition requIring an apPointment-only business Member Petersen moved that based on the findings and concluSions stated In the staff report, the information submitted by the applicant, and the testimony heard today, the application submitted by Henry and Mary Anne Boerner for 510 South Highland Avenue be granted, With the condition that the bUSiness operate on an apPointment-only and outpatient baSIs The motion was duly seconded and carried 7 0 5 Case TOR 99-10-02 - 325 South Gulf view Boulevard (sender site) and 349 South Gulf view Boulevard (receiver site) Owner/applicant Clara and Dorothy Buldog, Location 1 72 acres located on the east side of South Gulf view Boulevard approximately 150 feet north of Fifth Street Zoning T (Tourist District) Proposed Use An eXisting motel (receiver site) This request IS to transfer 13 dwelling units from 349 South Gulf view Boulevard (sender site/McDonald's under construction) to 325 South Gulf view Boulevard (receiver site/existing Amencana Motel) Both sites are zoned Tourist and have the same plan category The vIcinity IS dominated by commercial, restaurant, and overnIght accommodation uses Pnor to construction of the McDonald's, the properties had common ownershIp and parcel Identification The transfer of development nghts will allow the applicant to retain units owned prIOr to diVISion of the property The applicant Intends to use 4 dwelling units to conform to motel denSity requirements for a reduced lot size The 9-unlt balance Will remain available to Americana for future development Staff feels the proposal compiles With the standards and criteria for FleXible Development approval, With the maximum development potential, With all applicable standards of the Community Development Code, and wlth standards for a TOR Planning staff recommends approval of the FleXible development and Transfer of Development Rights application, to transfer 13 dwelling units from 347 South Gulf view Boulevard to 325 South Gulf view Boulevard At the time of redevelopment of the Americana Hotel, a site plan will be reqUired to ensure compliance With all requIrements of the Community Development Code tt was remarked the former Development Code Adjustment Board had denied thIS application previously Mr Stone said follOWing denial of a Site plan that had Included a drive-through, the applicant made changes to comply With all provISions of the former Code Tim Johnson, representative, reViewed the lots Involved In the transfer and I nd IC ated ag ree me nt With staff's report He requested the transfer of denSity requirement have no eXpiration date One person spoke In OPPOSition of the applicatIOn mcd1299 9 12/14/99 Member Johnson moved that based on the findings and conclusions stated In the staff report, the Information submitted by the applicant, and the testimony heard today, the application submitted by Clara and Dorothy Buldog for transfer of 13 dwellings Units from 349 South Gulf view Boulevard to 325 South Gulf view Boulevard be granted, including Lots 63 -66, 113 - 117, and part of Lot 112 that by amendment was added as part of the receiver Site, the balance of Lot 112 with Lot 111, and with no time requirement The motion was duly seconded In response to a question, City Attorney Pam Akin said TORs are permanent and require a formal deed Upon the vote bemg taken, the motion carried 7 0 6 Case FL99-1 0-20 - 980 Bay Esplanade Owner/applicant Donald P Kleinhans Location 0 23 acres located on the west side of Bay Esplanade, approximately 110 feet north of CarJouel Dnve Zoning LMDR (Low Medium Density Residential District) Proposed Use A 504 square foot 2-car attached gar ag e, 405 sq uare foot 1-c a r attached garage, 100 sq uare foot entrance, and 1,307 square foot third story addition to an eXisting single-family house .,-- This request IS for Flexible Development approval, as part of a Residential In- fill ProJect, for a 22 9-foot reduced front setback to 2 1 feet, and a 7 5 foot Increase In height to 37 5 feet The applicant proposes to construct an addition to his single-family residence Including an attached 2-car garage on the southeast Side of the house, an attached 1-car garage on the northeast Side of the house, a new e ntr a nee, and a new third story The eXisting garages are too small and, along WIth the driveway, are submerged dUring storms At 37 5 feet, the 3rd story addition wtll maXimize the site's development potential The surrounding area IS undergOing redevelopment The request to reduce the front setback and Increase the height IS In keeping With the nature of the area Adjacent land uses are Single-family reSidences Staff believes the proposal complies With the standards and cntena for FleXible Development approval, With the maximum development potential and Comprehensive In-fill Redevelopment Project cnten a, a nd with a II a ppllca ble stand a rd s of the Community Development Cod e Staff recommends approval of the application to expand a Single-family house, reduce the front setback from 25 feet to 2 1 feet, and Increase the building height from 30 feet to 37 5 feet Harry Cline, representative, said the new garages Will address storm related flooding The house was built In 1941 He said the applicant Wishes to maintain the character of the neighborhood The (oad IS narrow and Winding Redevelopment IS economically Impractical Without FleXible Development approval Mr Stone said a number of structures In the neighborhood are Similar to thiS one SuffiCient area outSide the garage Will allow cars to park Without encroaching on the rrght-of-way mcd 1299 10 12/14/99 Member Gildersleeve moved that based on the findings and conclusions stated In the staff report, the Information submitted by the applicant, and the testl many heard tad ay, the a pp Ilcatlon subm Itted by Don al d P KI elnh a ns for an expansion of a single-family house with a reduced front setback from 25 feet to 2 feet, and an Incre ase In build I ng helg ht from 30 feet to 37 5 feet, for 980 Bay Esplanade The motIon was duly seconded and carned 7 0 7 Case FL99-09-16 - 1108 North Greenwood Avenue Owner City of CI earw ater, Applicant Greenwood Community Health Resource Center, I nc Location 0 25 acres located on the southwest corner of LaSalle Street and North Greenwood Avenue Zoning C (Commercial District} Proposed Use A 3,290 square foot medical center I ThIS request IS for a Flexible Development approval, as part of a I Comprehensive In-fill Redevelopment ProJect, for a reduction of 13 parking spaces to 5 spaces, a front setback reduction to 3 feet! and a reduction In minimum lot area from 20.000 squa re feet to 1 0.778 square feet fa r property at 11 08 North Greenwood Avenue The applicant proposes to construct a free medical clinic and community/education center on a vacant lot T~e cliniC wlll prOVide needed medIcal and community services to the neighborhood 1he lot, owned by the City, IS part of the Brownflelds Redevelopment Program and Will be leased to the Greenwood Community Health Resource Center The lot is relatively small Setback reductions are necessary to construct a I building large enough to serve the community ifhe proposed 3,290 square foot structure will cover 30% of the property Upgraded landscaping will exceed requirements of the Code Adjacent land uses include a vacant lot, a cinema/cafe, a commercial establishment, and residential units The area features a mix of commercial and reSidential uses The site was designed to protect 2 oak trees and maXimize parking and landscaping As thiS will be a neighborhood center, many clients will walk, redUCing parking needs The City will benefit from a health care cliniC within walking distance to most North Greenwood reSidents A City parking facility IS within 600 feet of the site The proposal complies with the standards and criteria for FleXible Development approval, wIth the maximum development potential. Criteria for Comprehensive Redevelopment In-fill Project approval, and with all applicable standards of the Community Development Code Planning staff recommends approval In response to a question, Steve Fowler, Fowler ASSOCiates Architects, Inc. said the site IS clean He said underground tanks had been removed and minimal contamination In the western portion of the site was deemed InSignificant under Brownflelds gUidelines Member Johnson moved that based on the findings and conclUSions stated In the staff report, the Information submitted by the applicant, and the testimony heard today, the application for a Comprehensive In-fill Redevelopment ProJect, with a reduction In parking spaces from 13 to 5 spaces, reduction In front setback from mcd1299 1 1 12/14/99 25 to 3 feet, and a reduction In minimum lot area from 20,000 square feet to 10,778 square feet, for the site at 1108 North Greenwood Avenue as submitted by the City of Clearwater be granted The motion was duly seconded and earned 7 0 ITEM 4 - LEVEL 3 APPLICATIONS 1 Case Z9 9 -1 0-01 - 608 Or ange Avenue Owner/a ppllcant Je rry a09 L ynd a Gilliam, Location 0 21 acres located on the west stde of Orange Avenue, east of Lima Avenue, approximately 200 feet south of Turner Street The applicant requests rezoning to allow construction of a Single-family reSidence on the rear lot at 608 Orange Avenue The site IS platted With two lots and has suffiCient denSity through the Future Land Use Plan, but requires rezoning to a corresponding district to use the denstty Surrounding uses are Single and multi-family reSidential and vacant property ComprehenSive Plan objective 2 5 supports the proposed amendment by encouraging urban fill on parcels smaller than one acre The proposed Single-family reSidence and lot size Will be In character With surrounding uses and will not adversely affect the use of other area propertIes The 0 21 acre site would allow two slngle-famlly reSIdences or three multifamily units based on 15 units per acre In the ReSidential Medium land use category Staff recommends amending the site's zoning district deSignation from Low DenSity ReSidential (LOR) to Medium DenSIty ReSIdential (MDR) Mr Jones reported the City had received two letters of opposition It was remarked that the smallest MDR lot, excluding hHlses, IS 6,000 square feet Concern was expressed that lot Sizes are important and changing zoning to allow two houses on 4,620 square feet IS substandard for the neighborhood Semor Planner Gary Jones said nearby homes are on smaller lots Concern was expressed those houses had been built In the 1940s and this old established neighborhood IS being "squeezed out" Staff stated all Issues were conSidered and felt thIs request is conSistent With the ne Igh borhood, which has multi-family uses and a mix of lot sizes The rear lot IS separately platted and Similar to a reSidentIal In-fill SItuation Guy Rosati, ap p Ii cant representative, said a hou se IS preferred to apartments or condominiums The house on the front of the property will be renovated and sold ThiS site IS In a transitIonal area between homes and rental properties He sal d the project Will benefit the ne Ig hborhood Jerry G i111 am, owner, sa Id nea rby multi-family units are located on Similarly Sized lots Member Gildersleeve moved to approve the request to amend the zoning district deslgnattOn of the subject site at 608 Orange Avenue as requested by Jerry and Lynda Gilliam from Low DenSity ReSidential {LOR) to Medium DenSity ReSidential (MDRl The motion was duly seconded Members Mazur, Gildersleeve, Peterson and Johnson and Chair Figurski voted" Aye", Members Moran and Pliska voted "Nay" Motion earned 5 2 mcd1299 12 12114/99 2 Case lUZ99-20-04 - 2463 Gulf-to-Bay Boulevard Owner/applicant Sunny Grove Mobile Home Park, Inc location 1 6 acres located on the south side of Gulf-to-Bay Boulevard, approximately 100 feet east of EdenvllIe Avenue The applicant requests to amend the Comprehensive Plan's Future Land Use Map from Residential low MedIum {RlM) to CommerCial General ICG), and to rezone from Mobile Home Park District to Commercial (C) dlstnct for 2463 Gulf-to- Bay Boulevard The property has 250 feet of frontage Surrounding uses Include retail, office, and a mobile home park The property owner requests the plan amendment and rezoning application to convert vacant mobile home lots to recreational vehicle spaces Current zoning does not allow the proposed use The Sunny Grove Mobile Home Park was developed In 1948 The park's north section has obsolete mobile homes on lots too small to accommodate standard mobile homes Limited site Improvements are planned and no mobile home reSidents Will be relocated The proposed plan amendment IS consistent With the City's Comprehensive Plan, IS compatible With the surrounding area and natural enVironment, IS conSistent With City and State development regulation, and does not require or affect the prOVIsion of public services Pnor to development, site plan approval IS reqUired and must meet City and SWFWMD (Southwest Flonda Water Management Dlstnct) stormwater management criteria The site IS not WithIn an environmentally senSitive area ThiS portion of Gulf-to-Bay Boulevard has a LOS (Level of Service) F Any redevelopment of thiS site will add to area congestion Staff recommends approval Mr Jones said the applicant Wishes to attract seasonal recreational vehicle owners In response to a concern regarding the Internal roadway system, owner Frank Struchen saId DrUid Road funs through the lower third of the park A horseshoe turnaround to McMullen Booth Road IS south of DrUid Road and a horseshoe turnaround IS Within the park Older mobile homes Will be removed Mr Struchen said he plans to add reSidents and enhance park aesthetiCS He said approximately 110 reSidents live In the park dunng peak season Ten of 25 homes In the front section are reSident-owned He said the park has adequate space for anyone who Wishes to stay In the park He said he IS Willing to work With reSidents to trade other homes Member Johnson moved approval of amending the Future Land Use Plan deSignation of the subject site at 2463 Gulf-to-Bay Boulevard from ReSidential low Medium (RlM) to CommerCial General (CG), and amending the zoning dlstflCt deSignation of the site from Mobile Home Park {MHP) zoning to CommerCial (C) The motion was duly seconded and camed 7 0 3 Case ANX99-1 0-20 - 3150 McMullen Booth Road Owner/applicant Robert and Nancy Hurst location 0 46 acres located on the west Side of McMullen- Booth Road, approximately 4,600 feet north of SR 580 The applicant requests annexation of the property at 3150 McMullen Booth Road and approval of the appropnate City Future land Use Plan category and zoning mcd 1299 13 12/14/99 district pending the outcome of Item 4-4 The annexation will not adversely Impact public facilities and levels of service The current use IS single-family residential Surrounding uses Include a church, a preschool, and an office The applicant will pay applicable sewer Impact fees, tape fee, utility deposit, and costs to extend utility lines to the property If necessary The application IS conSistent With the Community Development Code and City regulations, the CountYWide plan, Florida Law, and the City's Comprehensive ?Ian Staff recommends approval Nancy Hurst, owner, concurred With staff's recommendation One person spoke In favor of the application Member Johnson moved approval of the annexation of 3150 McMullen Booth Road, approval of the Residential Suburban (RS) Future Land Use category (pending case LUZ 99-10-05), and approval of the Low Density ReSidential (LDR) zoning district at 3150 McMullen Booth Road The motIon was duly seconded and carned 7 0 4 Case LUZ99-1 0-05 - 3150 McMullen Booth Road Owner/applicant Robert and Nancy Hurst Location 0 46 acres located on the west side of McMullen- Booth Road approximately 4,600 feet north of SR 580 The applicant requests to amend the Comprehensive Plan's Future Land Use Map from ReSidential Suburban (RS) to ReSidential/Office Limited (R/OL), and to rezone from County Agriculture/Estate zoning to Office (0) district The property owner requests this plan amendment and rezoning application to convert a slngle- family reSidence Into an office Limited site Improvements are planned for the site with the exception of handicapped access, parking, and landscaping These Issues will be addressed In more detail dunng the development review process This site IS along the McMullen Booth scenic comdor of the CountYWide Future Land Use Plan and IS designated reSidential The site IS smaller than one half acre The character IS not reSidential and will minimally Impact the scenic comdor The application IS consistent With the Communrty Development Code and City regulations, the CountYWide plan, Florida Law, and the City's Comprehensive Plan Staff recommends approval Member Johnson moved approval of the application to amend the Future land Use Plan designation of the subject site from ReSidential Suburban (RS) to ReSidential/Office Limited (R/OL), and amend the zoning district designation of the subject site at 3150 McMullen Booth Road from County zoning to Office (0) The motion was duly seconded and carned 7 0 5 Case ANX99-1 0-21 - 1735 West Manor Avenue Owner Nabil and Nadia Yousef, Location 0 1567 acres located on the east side of West manor Avenue, approximately 550 feet south of Manor Boulevard North, Zoning R-3 (Residential Low Density District) (Plneilas County) mcd 1299 14 12/14/99 The applicant requests annexation of property at 1735 West Manor Avenue and approval of the appropriate City land use plan category and zoning district to receive City water and sewer service The property wIll have a land use plan designatIOn of Residential Low and It IS proposed to be zoned Low Medium Density Residential District (LMDRl Construction 1$ In progress based on a building plan approved by the County prior to thiS request The annexation will eliminate an enclave The _annexation IS consistent with the Community Development Code and City regulations, with the Countywide plan, with FlOrida Law, and with the City'S Comprehensive Plan Staff recommends approval Arth ur Timothy Doyle, re presentative and contractor, saId he IS building a house that conforms to the neighborhood Member Johnson moved to recommend to the City CommisSion approval of annexation of property at 1735 West Manor Avenue, approval of the Residential Low plan category pursuant to the City's ComprehenSive Plan, and approval of the Low Medium Residential (LMDR) zoning district pursuant to the City's Community Development Code The motion was duly seconded and carned 7 0 ITEM 5 - APPROVAL OF MINUTES OF PREVIOUS MEETING - November 16,1999 Member Gildersleeve moved to approve the minutes of the regular meeting of November 16, 1999, as submitted In written In summation to each board member The motion was duly seconded and carned unanimously. ITEM 6 - DIRECTOR'S ITEMS - Review Code Update Schedule Member Moran was thanked for her efforts In organiZing the Christmas luncheon It was suggested annexations, etc , be conSidered as part of a consent agenda It was noted Code requires the applicant's presence at the hearing and allows the Board to continue or deny a case until the applicant appears A Chair and Vice-chaIr will be elected In January Due to a City CommisSion meeting schedule change, consensus was to reschedule the Ja nua ry CD B meeting to January 25, 2000, at 1 00 P m Consensus was for staff to present Code reVISions then Concern was expressed time IS InsuffiCient for the parties to resolve the telecommunication tower Issue before January 25, 2000 Concern was expressed WIth references to the Hunter Blood Bank as a problematiC use because It falls Into a general category It was suggested staff distinguish such uses In the Code Concern was expressed that a recent newspaper article unfairly expressed a reporter's negative opinion of the COB mcd1299 15 12114/99 It was felt COB members are dedicated, knowledgeable and perform an outstanding Job ITEM 7 - ADJOURNMENT The meeting adjourned at 6 45 P m Chair Community Development Board Attest Bo ard Reporter mcd1299 16 12/14/99 NOT APPROVED Present Gerald Figurski Edward Mazur, Jr DavId Gildersleeve Shirley Moran Carlen A Petersen Alex Pliska William Johnson ------~ \C -- ,-" - -- ::: \r~ COMMUNITY DEVELOPMENT BOARD ~~ ~- ~ ~i \ CITY OF CLEARWATER 1\ --"" <- -- \ " November 1 6, 1999 ' "1 > \ Ute L ~ L--' \ '\ Chair : .,J \...l. ;:' ::: QPME:-.i Vice Chair - depart~d 1 4l>~NG !~?--'--: Board Member - arrc:s:ed 1 04 p,_m:;-~ r_ Board Member C'__~ Board Member Board Member Board Member " Also Present Leslie Dougall-Sides Ralph Stone CynthIa Hardin Lisa Fierce Etlm Udoh Gina Clayton Brenda Moses AssIstant City Attorney Planning Director Assistant PlannlOg Director Development Review Manager Semor Planner Semor Planner Board Reporter The Chair called the meeting to order at 1 00 P m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process To prOVide continuity for research. Items are in agenda order although not necessarily discussed in that order. ITEM 1 - CONTINUED ITEMS A WIlliam and Hope Georgllas (American Infoage, LLC, agent) are requesting flexible development approval of a communIcation tower at 505 Vlrglnla Lane. (Continued from July 20, 1999, and October 5,1999) The request IS for flexible development approval of a communication tower at 505 Virginia Lane Planmng Director Ralph Stone said staff had dlstnbuted' 1) November 11, 1999 correspondence from Miller M Cooper of Amencan InfoAge, LLC, and 2) November 10, 1999 correspondence from J Howard Hinesley, Superintendent of Plnellas County Schools On October 5. 1999, the City Manager had requested the case be continued for staff to meet With Dr Hinesley and School Board representatives regardmg the Clearwater High School site as a alternate location for vendors associated With thiS application Dr Hinesley indicated that the School Board would conSider the subject tower for collocation by telecommuOlcatlon system vendors. AT&T uses the subject tower under Its current agreement With the School Board Financial and technological conSiderations Will affect the number of earners able to locate there Amencan InfoAge has stated as many as 5 earners need accommodation on a telecommunIcation tower. Mr Stone said the School Board seems Willing to negotiate With carners to use the tower Staff recommends American InfoAge meet With the School Board. Dr. Hinesley reported the subject contract reqUires mutual usage of the tower and approval by AT&T and the School Board for collocations, ... mcd1199 1 11/16/99 and the removal or additIon of equipment. He recommended continuing the application for up to 6 months It was rem arked that Dr Hinesley's letter Implies that AT&T can veto any decISion related to the subject tower AssIstant Plannmg Director Cyndl Hardin said specifIc language In the contract outlines AT&T's veto power The contract, between two private parties, was entered Into before recent federal legislation was enacted Assistant City Attorney Leslie Dougall-Sides said while the new federal law reqUires and encourages collocation, the preexIstIng contractual obligations may be an Issue AT&T may retain veto authority over new users Ms Hardin said AT&T had not been contacted, and was not present at the meetmg wIth the School Board The School Board expressed Interest In replacing the tower with a new one John Hubbard, representative, said his client collocates telecommunications eqUIpment as ItS busmess He said Indetermmate deferral conflicts with Federal Statutes requIring the tImely consideration of this request He opposed a continuance He referred to Dr Hinesley's letter, noting AT&T has no motive to allow collocatIons as their 30-year contract was signed In 1987 He said the School Board's plans to construct a new communication system will Impact the tower. Mr Hubbard dIstributed a July 12, 1999, e- mB11 from Kevin Becker of AT&T to Bob Killian of Nextel, which states that collocation on the subject tower IS ImpossIble until landlord Issues are resolved and that no plans eXist to rebuild or refurbish the tower to allow collocation Mr Hubbard distributed background mformatlon related to this request. Miller M. Cooper, President of American InfoAge, said this process began In May 1999 He said the School Board uses the subject tower for a security system. He reported that Pmellas County Schools Campus Police Department Chief Joseph Feraca had indicated that School Board use of the tower will Increase. Mr Cooper said City ordmance allows 160-foot towers Three carners will use the entire tower No space wIll be available for use by the School Board, AT&T, or other carners In response to a question, Mr Cooper said It IS possible to place 3 to 5 tenants on a 160-foot tower He saId he had approached St. Paul's Church on Keene Road as a site but had received no reply. He felt the requested Site IS a supenor locatIOn for a tower, provIdes adequate serVIce, and minImizes Impacts The departure of Member Mazur to attend a funeral was noted Board rules reqUire approval by 4 members for a motIon to pass Ms Dougall-Sides said the Issue IS substantive She requested the board deCide If the case IS to be continued Member Moran moved to continue Item A 1 The motion was duly seconded. DISCUSSion ensued It was noted a remark made at last month's meetmg had suggested a fmal deCISion would be made today It was noted St Paul's had expressed no Interest In provldmg a sIte The Clearwater HIgh School tower cannot accommodate all carners seeking service. Fundmg has not been Identified to replace that tower It was remarked that AT&T had not partIcipated In related diSCUSSions or meetings It was stated that the July 12, 1999, e-matl from AT&T had mdlcated no Interest In collocatIOn It was felt the applicant has waited a reasonabJe period of time and a deCISion should be made Concern was expressed that Dr Hmesley's letter IS subject to conflicting mterpretatlons mcd1199 2 11/16/99 J . Upon the vote bemg taken, Members Moran and Petersen voted" Aye"; and Members Mazur, Gildersleeve, Pliska, and Johnson and ChaIr Figurski voted "Nay" The motion failed 2:5 In response to questions from Mr Hubbard, Cheryl Zimmermann of Nextel, Darren Newsum of Prlmeco, and AI Lazzaro of GTE Wireless said they have a need for cellular service In the area surrounding VirginIa Lane. Th~y wIll be at a competitive disadvantage Without thiS site Attempts to find alternative Sites failed The vendors require a tower between 120 and 1 50-feet Mr Newsum said separation requirements vary, depending on differing technologies Mr Hubbard said the subject site serves Clearwater residents Collocation wIll limit the number of towers necessary A pubhc need for telecommunication services must be addressed He said a letter from Pate Engineering indIcates the school tower IS too structurally Inadequate to accommodate additional carriers. No tower, able to meet telecommunication carners' needs, eXists In thiS geographic area. The school tower IS too short to accommodate all carners reqUiring service Carners' ability to service customers IS being compromised. Five persons spoke In oppositIOn Concern was expressed that the case was not properly noticed Ms Hardin said Board rules mdlcate that mailing of Individual notices IS not required If a case IS continued to a specific date and announced at the meetmg Mr Stone said staff had felt the school tower was not an option Staff had not receIVed a pOSitive response from the School Board regarding collocation on the tower There may be financial and technological considerations that cannot be overcome Since neither AT&T nor the School Board IS present, staff suggested the Item be continued for a limited time to consIder all presented eVidence. Mr Hubbard said aesthetic conditions cannot be considered under the ordinance. He said the applicant has provided credIble testimony supporting approval. Changes related to the school tower are unllk.ely He noted the ongoing need for servIce In thiS area In response to a question, Mr Cooper said the cost of a stealth tower IS tWIce that of a monopole tower He said a stealth tower IS affected by wlndloads and can accommodate fewer carners Reference was made to the Importance of Gulf-to-Bay Boulevard and related Improvements In response to a question, Mr Cooper said he would consider recommendatIOns for a stealth tower and expressed a wllImgness to contTlbute half of the costs associated With Improving tower aesthetiCS He requested the City deSignate a pOint of contact person who could make necessary deCISions Ms Dougall~Sldes said the ordinance has a prOVISion regardmg tower deSign, reqUiTIng It to be blended Into ItS surrounding environment to protect neIghborhood aesthetiCS, She suggested tower aesthetiCS could be discussed at the site plan level In response to a question, Mr Stone said staff feels the applications meets all ordinance Criteria, absent the school SIte as an alternative. He said Dr. Hmesley has expressed a Willingness to discUSS that Site as an option Some fmanclal and technologIcal Impediments to that Site eXist Concern was expressed the tower Will be an eyesore, VISible from Gulf-ta-Bay Boulevard. It was felt negotiations are Incomplete as AT&T has not participated The applicant's responSibility to meet ordinance standards was stated. mcd1199 3 11/16/99 I , Member Gildersleeve moved approval of Item 2A, subject to condItions 1 ) Approval shalt be Initially for a tower 100 feet In height unless the applicant submits sIgned contracts to the Planning Department from 3 users dUring the effective period of the development approval as specified In SectIOn 4-407 of the Commumty Development Code If the applicant submits sIgned contracts from 3 users the approval shall be for a 160-foot communication tower, 2) the applicant shall submit contracts with 3 users pnor to the Issuance of a bUilding permIt for a 160-foot tall tower, 3) the applicant shall submit a color sample of the tower Indicating that the color IS nonreflective prior to the Issuance of a bUlldmg permIt; 4) the tower users shall place their bUlldmgs and eqUIpment only on the approved slabs Indicated on the site plan, 5) a landscape plan Indicating plant specIes and numbers and locatIOns of plants shall be approved by staff prior to the Issuance of a development order, and 6) the applicant, In cooperation With the City, will investIgate wlthm the next 60 days the possibility of developmg somethmg other than a monopole, preferably a stealth tower It was requested that Mr Cooper consider sharmg 50% of costs associated WIth a stealth tower or Invest necessary funds for such a tower The motion was duly seconded Upon the vote being taken, Chair Figurski and Members Gildersleeve, Petersen, and Johnson voted "Aye"; Members Pliska and Moran voted "Nay' Motion carried 4 2. Member Mazur was absent. The meeting recessed from 2 38 to 2.47 p m ITEM 2 - REQUESTS FOR CONTINUANCES - None ITEM 3 - LEVEL 2 APPLICATIONS ITEM 4 - LEVEL 3 APPLICATIONS ANNEXA TlONS A Mr Booker T Colson II IS requestmg annexation IOta the City of Clearwater for the property located at 1432 Sunset Pomt Road. The proposed land use deSignation IS Resldentml Urban and the proposed zomng Will be Low Medium DenSIty ResIdential District The property owners are requesting annexation to receIve City water and sewer service at 1432 Sunset Pomt Road The proposed land use deSIgnation IS Residential Urban and the proposed zoning Will be Low MedIum DenSity Residential District ThiS annexation WIll eliminate the last enclave In the subdivIsion The applicants have paid the required sewer Impact fee of $900. The applicants also will be responsible for the tap fee, utIlity depOSit, and costs to extend the sewer lines from the flght-of-way to the structure No adverse Impacts on City services Will result, The proposed annexation IS consistent WIth the City's Comprehensive Plan, the CountywIde Plan, and FlOrida law Staff recommends 1) approval of the annexatIon of property at 1432 Sunset Pomt Road, 2) approval of the Resldentfal Urban plan category pursuant to the City'S Comprehensive Plan, and 31 approval of the LMDR, Low Medium DenSity Residential zomng district pursuant to the City's Community Development Code Member Johnson moved that based upon the staff report and testimony at the public hearing today, that the Commumty Development Board recommends to the City mcd1199 4 11/16/99 -u l>> o (l) ....>. o ,...... ~ -l '< -l "C l'II '< 0 "C ...... l'II m 0 ...... l>> en s: III l'II r ::I: l'II ... 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BOX 4748 CLEARWATER, FLORIDA 33758-4748 ......... ~ , date reqd contract SHIP TO VENDOR NAME PLANNING & DEVELOPMENT PLANNING SERVICES 100 S. MYRTLE AVE. CLEARWATER FL 33756 R W BECR INC POBOX 538817 ATTENTION 24 HOUR ADVANCE NOTIFICATION REQUIRED ON ALL SHIPMENTS TO CITY OF CLEARWATER LOCATIONS DIRECT ALL COMMUNICATIONS ON THIS ORDER TO ORLANDO FL 32853-8817 A RUSCHER 727/562-4579 lEPARTMENT FO B PAYMENT TERMS Plann~ng & Dev. Serv CLEARWATER NET 30 ITEM . ... UNIT DESCRIPTION UNIT PRICE TOTAL PRICE ~ 001 5000 Doll Wireless Tower S~t~ng Issues 1 00 5000.00 r 1 ~ . .. '" ~.. rr{t~r~ ~... ::,.'t" l~~Ftrrr c:- -, ~ ~". '. ifIMifij ~.~--,.~" r{[[in I,... ::, -'~'" t: ..:: ~~'.i: _~ ~. ~". DISCOUNTS On any discount, time will be computed Irom date of satisfactory delivery of all Items or from :late correct inVOice IS received whichever IS the later date TOTAL :M~r/ ,..; 5000.00 /// ~~ /l'/!//- / ~--Z--~- APPROVING OFFICIAL THE CITY OF CLEARWATER MAY CANCEL THIS ORDER, EITHER ORALLY OR IN WRITING, AT NO COST TO THE CITY IF ANY ITEMS DO NOT ARRIVE BY THE DATE REOUIRED AND/OR IF ANY DO NOT CONFORM TO SPECIFI CATIONS NON CONFORMING ITEMS WILL BE HELD FOR THIRTY (30) DAYS PENDING RECEIPT OF DISPOSITION INSTRUCTIONS FROM VENDOR AFTER WHICH TIME THEY WILL BE DISPOSED OF AS SURPLUS CITY-OWNED PROPERTY TITLE REQUISITIONERS COpy i ( t- ,,," Mr John Asmar Planmng and Development Services Cay of Clearwater POBox 4748 Clearwater, FL 33758 PLANNING & OEVElOPM SERVICES ENT CITY OF ClEARWATEA Dear Mr Asmar My wIfe, and I purchased our home located at 1835 Pine Street, Clearwater, In August of 1997 We enJoy the neighborhood and our house Immensely This IS why I felt It necessary to wnte to you regardIng my dismay over a proposal by Mr GeorgIias to lease his property so that a commumcatlOns tower be bUllt at 505 VIrgInia Lane, Clearwater, known to you as CDB99 _08 The proposed site for the tower IS directly across the street from our house In a vacant lot owned by Mr Georgllas HIs request for the approval for a commumcations tower to be bUIlt on thiS lot has been turned down by the city before Our neighborhood 18 WIlling to fight thiS proposal for several reasons First, and most Important a commumcatlons tower near our homes would compromise the safety ofchlldren ThiS property IS directly adjacent to many residences and chIldren In our commumty Would you want a commumcatlOn tower abutting a neIghborhood where chtldren play? Second, the City of Clearwater has spent countless dollars and hours, workmg on ways to Improve the beauty of Gulf to Bay Boulevard ThiS tower's proposed site would create an eyesore that would be present to all travelers on Gulf to Bay The city has spent ample tIme and money trymg to remove billboards on Gulf to Bay, allOWing thiS tower to be erected would be takmg a step backwards Our city should continue to foster ItS Image by contInUing to beautify thiS street Furthermore, Mr Georgllas has already been turned down for hiS proposal to lease out thiS property for dus very reason The answer was and still should be NOI It IS unfortunate that Mr Georgilas has not had a seemmgly successful property Investment, but the safety and secunty of our residents needs to come first Thank you, m advance for consldenng thiS matter If you have any questions, feel free to contact me at my residence (727) 443-5479 ~~~~J MIchael E Barah July 11, 1999 Mr John Asmar Planning and Development Services City of Clearwater POBox 4748 Dear Mr Asmar I am respondmg to your notice of a communication tower bemg requested for 505 Virginia Lane My wife and I are not in favor of tbis tower being bullt tbere I beheve the city has turned down this request before and I hope they wtll do it agam There are several reasons why it should not be bmlt there I believe the CIty is trymg to unprove the looks of Gulf to bay and putting a tower in this locatiOn, so close to the road would present a ugly sight to incoming visitors Second and most important to us is the potential danger to the chtldren in the area, as I am sure you know even a gate will not keep the curious kid from trymg to chmb this new tower I would like to suggest that consideration be given to placing thts tower away from a residential area and the entrance to our beautiful City and move it to an industnal area. say Hercules Street near the railroad tracks where 10 would not be noticed as much Once again, we would like to object to the request of building a commumcation tower in this residential area Thank you for allowing us to respond to this request, we both hope to be at the heanng on July 20, 1999 s1:t OJ2JL fiJ:;;v Carl and Dee Opper 705 Shady Lane Ave Clearwater, FI 33764 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER . . "I "I .1 ~II 1:,' I ~~ .1 ~ . n. c' "\ nt-c:lnt-c:lS: 1-" 1-' 1-''1 roOrtC). C) . '< ::1 Ii P 'L, (tdOI-'-O C)OH1p::r rt>1 00::;1 ro n Ii+,-I-'lll;l> '" .....roooo +'-1llP.8 '"':IGO'i C) r-< (t::J'i C) ro rt <: {D {D 'i l-' o '0 ::3 {D P rt w w ..... Ln GO u:l {D '1 <: 1-' n {D 00 @ i: n n >- 0 c: ~ ~ ;l: :II .. ~ " z ill 0 i: :II III . 0 6 >< 0 " ;u ~ ooj - ... o 1IJ Cl > .. I ~ tll . w \,of '" ~ n o 3: " .. z 0( ... z n ~ ! f \ \ l~1 /,/'<.J""f'I"'<j \ ...~~n~~ ~,; "I lJ ..J l,t l1' .( " ~ } & f t - ( ,I - f - f = II : 1 ~ t t ; j y :- l\ - 1-/ \ J j tl ~~~ ~ ~J~ ~ rjJ . ~ ~ ~~ "':--.. ~ <:::. ~ ~I :t ~~~ ~ ~ 1 ~ ~ ~~ --..0' ~~d:Y ~ ~. ~ ~~ '" c, ~ ~~ ,----..... {' \ i:' (-(~;:;; ,:.~,', ) -;) ( (0, '? C LD c:. ~. -- r- -, (,'/ ~ !, l~ t j ',' \ \ \~ \'----' I L- i -~ -- 1'_1 ,I' I' '11 ' JRN 07 '00 05.01PM RW .,. "" P.l H'W'~[[K FACSIMILE COVER SHEET TO: PAX NO.: FROM. PHONE: DA TIVJ'IME PAGBS (Induding Cover) TRANSMISSION QUESTIONS MESSAG'Et Cost Account: 032318 Gary Jones City of Clearwater \f Q.0A if':/f6 ~3;}.S~ 727-5624576 David Doulong January 7, 2000 'b RECEPI'lONIST - (407) 422-4911 I, J "" 1-'1:\ lOp 5FRVIr' - -~ MENT C ' ,-,l:S 1TY Or CtEAPlAlA .- ~ ~, 800 North Magnolia AvmUf!:1 Suitt: 300 Orlal1d.D, fL 3280J-3Z'74 p, O. Dux 53881'7 Orluuto, FL 82.853-881'7 I'hol1ll (40'7) 422--4911 flu: (407) 648-8382 WIreless CommUnICatlOTI Towel DaVId Doulong Page 1 of 1 Ruscher, Amy From Hardin, Cyndl Sent Tuesday, January 09,2001 304 PM To' Ruscher, Amy Subject. FW Wireless Communication Towers & David Doulong please keep his new phoen and address on file thanks -----Ongmal Message----- From. Dou]ong, David [mallto DDoulong@rwbeck com] Sent: Monday, January 08, 2001233 PM To' '[aure]eh@mmdspnng com'. 'Edith Spencer', 'thehoytflrm@dol com', 'ksmall@flclt!es com', 'cgreen@f1-Gauntles com', 'Kate Rogers', 'lsldes@clearwater-tl Gam', 'LISd FIerce', 'chardm@clearwater-fl com', 'DIane Borchardt', 'Adnan Herbst', 'JIm Baller', 'marVITI_hdrkm~@hotmm] com'. 'John]ampl@aolcom', 'Mhdlr@MASC State SC US', 'rsmalley@m(kdmyldwcom', Julte Morgan (E-matl), Wandd Co(,hrdlTI (E-mml) Cc: 'ddoulong@ltcgroup net', 'nancyf@cdlpme Gam' Subject. WIreless COmmUnlLdtlon Towers & David Doulong I am changing my employment effective 16 January, 2001 I WIll be the technical services director of the Information Technology Consulting Group here In Orlando From that position I Will stili offer the wireless communications tower services that I have provided to you In the past as well as a range of other telecommunications consulting that some of you may not be aware that I prOVided at R W Beck Please make a note of my change of addresses and telephone numbers. If you have any questions about Invoices or selVlces from R W Beck, you may stili call me at my new office LikeWise, If you have new services you need performed, please do not hesitate to call me Sincerely, DavId H Doulong after Jan 15th, 2001 Director, Technical Services ITC Group, Inc 6900 S Orange Blossom Trail SUite 434 Orlando FL 32809 (407) 363-3636 (work) ddoulong@ltcgroup net thru Jan 12th, 2001 (407) 648-3511 (work) ddoulong@rwbeckcom 1/912001 ~ INVOICE NO 36745 PROJECT NO 05-00696-10101 PAGE 2 CLEARWATER/WIRELESS TOWER SITING ISSUES PROFESSIONAL SERVICES FOR THE PERIOD ENDING FEBRUARY 29, 2000 -~-~-----------------------~--~-----------~~----------------- TASK 0101 CLEARWATER/TOWER SITING ASSISTANCE PROFESSIONAL PERSONNEL HOURS RATE GROUP 02 AGNELLO, M 1 5 69 06 AGNELLO, M 0 5 69 08 DOULONG, DAVID 9 0 124 26 PORTER, KARL 1 0 124 26 TOTALS 12 0 AMOUNT 103 59 34 54 1,118 34 124 26 1,380 73 TOTAL FOR GROUP 1,380 73 TOTAL LABOR 1,380 73 REIMBURSABLE EXPENSES MEALS SURFACE TRAVEL TOTAL REIMBURSABLES 3 00 70 20 73 20 73 20 IDilIT BILLINGS 02/14 MCI TELECOMMIDilICATIONS 01/15 MICRO COMPUTER 02/29 LONG DISTANCE TELEPHONE TOTAL UNIT BILLING 43 27 50 2 40 30 33 TOTAL THIS TASK $ 1,484 26 ---~-~-~~-~---- -~--~~--~--~~-- TOTAL THIS INVOICE $ 1,484 26 OUTSTANDING INVOICES NO 35647 DATE 02/10/00 2,371 45 TOTAL 2,37145 2,371 45 TOTAL NOW DUE $ 3,855 71 .iwt D^," h '1>~ fr( Por/Mftl " I-fog-dJ Mf-ltLf}uutfilH( /\ v- ,~ ~ . , INVOICE NO 35647 PROJECT NO 05-00696-10101 PAGE 2 CLEARWATER/WIRELESS TOWER SITING ISSUES PROFESSIONAL SERVICES FOR THE PERIOD ENDING JANUARY 31, 2000 -----~-~-~--~~--~~~--------------~----------------------~--- PROFESSIONAL PERSONNEL HOURS RATE AMOUNT GROUP 02 DOULONG, DAVID 17 5 124 26 2,174 55 TOTAL FOR GROUP 2,174 55 TOTAL LABOR 2,174 55 REIMBURSABLE EXPENSES MEALS SURFACE TRAVEL TOTAL REIMBURSABLES 10 00 143 00 153 00 153 00 UNIT BILLINGS 01/14 MCI TELECOMMUNICATIONS 01/15 MICRO COMPUTER TOTAL UNIT BILLING 15 43 75 43 90 TOTAL THIS INVOICE $ 2,371 45 ~< "-/ co-coee: 00'" OOOOC')r- ..... -.." tvNN-NZ NNrn -NN~::O> > ::0::", ................................- ,,- '::;.~~~B~ '" 0 <0 NN...a.~......:..-{ OO~ 7': > Oe.... 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'" :0: m .., "'''' r- > '" '" m ..... ..... m .." :> ,.... ::z: 0 z rn 0 z n '" Z '" m '" m "'..... ....,'" ..... > 0 ....,< :0: om m ,.... '" .., r-3: 0 '" mm "1 00000 :>> '" ..... :::tIt\JI\.,JN:xJ "'r- .., ""'''O,-"'Or- :0: '" ::0:: >00000> > r:> '" :;ii!:~u.I......% .... ." CD 0 0 mr- ..... l!: 0>0>0 "'c: '" r- r:>0r:> z 0 '" ,... >:>::C:Z3: n z c: co .....m,....mn ::z: ...... "1 Z m l1<>r-Or-- n '" C> .., ......r-zr- 0 .'" OC>O :3: co :c> . . :3: > m n "'3:C3: z ~ Z "1. :> ..... c: n r- < .." "1 '" 0 '" ..... 0 ..... > r- '" ..... .... -I 0 0 0 ..... ... -I > > ..... > ,.... -I , '" r- 0 r-N '0.... 0 ~g ..... C..t--l..nOVll"'-o '" -I N......"O ..... :> m > , . . -< '" ::z: ,.... ZOOco~ -I r- OOOV1Vl '" Jl: 0 '" ..... .... CD ..... ..., '" c: > 0 ." co '" r- '" '" '" '" 0 ,.... :> r- r:> ........ '- ..... ,.... -:q'JNN~ '" > '" NNo-c- m > - r- '" g f' f'''fJ '0 '" n '" ZO\J'lV1V'30 m 0 > ..... 7': t;looooo '" '" ." "'NOo ..... 000100 c-c-OOo- "1 .... .... .... , " . , >'" >00.." ,:- .t- .... .... ............ ::;0::- "'00....> 00 00 IA N ;::j~.... 0> 00 CUN.......u..O Or- co. ...... C> f' ,:- ON-NI,.w.I f' 0 O-t'-CD.t-.... Cr- r-IJ1Nm W~~~'ko,Jz... . .. Z_ CCD..... N N NNO i:j W' i:jN....""'" -I Z m ...... C- O- \,oIOU'lOUlVl 000 "'.t-.t->O Cl ""''''0 r-r...nO_ ~j \.- / ~ l-' March 21, 2000 \MAR 2 ~ U100 R,w'llE[K I I 'PLANNING & OEVELOP/vIEI\lT SERVICES CITY OF ClEARW.'\,TFTl Ms. Cynthia Hardin Assistant Planrung Director CIty of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Subject: Wireless Tower Siting Issues Professional SeIVices Agreement No. 05-00696-10101 Invoice No. 36745 Dear Ms. Hardin: The enclosed invoice totals $1,484.26 for services rendered through February 29, 2000 These charges are assocIated with my attendance at the February 4th at the Clearwater High School. WIth this inVOICe, approxunately $1,144 remain of the $5,000 budget for task 0101. If you should have any questions, please call me at (407) 648-3511. Very truly yours, David H. Doulong Senior Telecommunications DHD/ea Z~ /JJtJINl ~ , ; l , ~.:; l... I, J j ,f , . N \00526I\03275SWZ-OO Invou:e doc 800 North Magrlolla Avenue, SUite 300 Orlando, FL 32803-3274 POBox 538817 Orlando, FL 32853-8817 Phone (407) 422-4911 Fax (407) 648-8382 @ 1 ' - ",; , MARCH 22, 2000 INVOICE NO 36745 PROJECT NO 05-00696-10101 R,w'llE[K CITY OF CLEARWATER POST OFFICE BOX 4748 CLEARWATER, FL 34618-4748 PROFESSIONAL SERVICES FOR THE PERIOD ENDING FEBRUARY 29, 2000 CLEARWATER/WIRELESS TOWER SITING ISSUES SERVICES EXPENSES TOT.ll,L TASK 0101 CLEARWATER/TOWER SITING ASSISTANCE 1,380 73 103 53 1,484 26 TOTAL THIS INVOICE 1,380 73 103 53 1,484 26 TERMS INVOICES DUE ON RECEIPT INTEREST CHARGED ON PAST DUE AMOUNTS POST OFFICE BOX 538817 ORLANDO, FL 32853-8817 PHONE (407) 422-4911 , -' VIA FACSIMILE R,W1llE(K February 15,2000 Ms. Cyntlua Hardm, AICP Assistant Planrung Director City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Subject: Wireless Tower Siting Issues Professional Services Agreement No. 05-00696-10101 Modification to Supplement A Dear Ms. Hardm: This letter proposed to modIfy Secbon VI - Fee for Services of Supplement A to the Professional Services Agreement (PSA) number 05-006%-10101, by addmg the followmg sentence: Beck's billing rate for Its telecommurncabons consultant will be $125.00 per hour plus dencal support at a lesser rate. Task number 0101 is expected to be completed for less than $5,000. Work shall not be performed to exceed $5,000 WIthout wntten approval of ClIent. If this modIhcahon to the Supplement is satlsfactory, please sign the bottom of this page and fax the letter back to me tlus afternoon. If you should have any queshons, please call me at (407) 648-3511. Very truly yours, R. W. BECK, INC !l..J 4. DaVId H. Doulong Semor Telecommumcahons DHD/ea APPROVED. CITY OF CLEARWATER BY~ Cyntlua Hardm Date 'Zt/t6..ta:;o N \O05Z61\032755\OearwalerL2 doc 800 North Magnolia Avenue, SUite 300 Orlando, FL 32803-3274 POBox 538817 Orlando, FL 32853-8817 phOrle (407)422-4911 Fax (407) 648-8382 @ ~ , R,w'llE(K February 15, 2DOO Ms. Cynthia Hardin AssIStant Planrung DIrector City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Subject: Wireless Tower Siting Issues Professional Services Agreement No. 05-00696-10101 Invoice No. 35647 Dear Ms. Hardin: The enclosed inVOIce totals $2,371.45 for services rendered through January 31,2000. These charges are associated with my attendance at the January 10th meeting with Miller Cooper, the School Board, and industry representatives and the January 25th Commumty Develop- ment Board Meeting. The attendance at the meeting at the Clearwater High School on February 4th will be billed m the next month's bill. Takmg mto conslderabon the February 4th meeting, I esbmate that of the $5,000 budget, $1,628.55 remam for task 0101. If you should have any queshons, please call me at (407) 648-3511. Very truly yours, R. W. BECK,INC. [ld 1/. {l~ David H. Doulong SemDr Telecommunicati Consultant DHD/ea N \O05261\032755\InvOlcel doc 800 North Magnolia Avenue, SUite 300 Orlando, FL 32803-3274 POBox 538817 Orlando, FL 32853.8817 Phone (407) 422-4911 Fax (407) 648-8382 @ FEBRUARY 10, 2000 INVOICE NO 35647 PROJECT NO 05-00696-10101 R,w'llE(K CITY OF CLEARWATER POST OFFICE BOX 4748 CLEARWATER, FL 34618-4748 PROFESSIONAL SERVICES FOR THE PERIOD ENDING JANUARY 31, 2000 CLEARWATER/WIRELESS TOWER SITING ISSUES SERVICES EXPENSES TOTAL TOTAL THIS INVOICE 2,174 55 196 90 2,371 45 TERMS INVOICES DUE ON RECEIPT INTEREST CHARGED ON PAST DUE AMOUNTS POST OFFICE BOX 538817 ORLANDO, FL 32853-8817 PHONE (407) 422-4911 ; ,I I , ',Ii , 11: I' I JRN 07 '00 05 01PM RW F~rK r <:. ~ January 7,2000 R'W'~~(K VIA FACSIMILE Mr. Gary Jones Cty of Clearwater 100 S, Myrtle Avenue ClealWlter, FL 33756 Subject: Wireless Tower Siting Issues Profe88ional Services Agreement No. 05..oo69&-11fiOi! \ \ Dear Mr. Jones: Attached is a copy our ProfessIOnal Services Agreement (PSA) number 0&-<<1696-10101 and 1ts Scope of Servkes .. Supplement A for your consideration. If the PSA and Supplement are sa~factory, please sign on the last page of each document and fax them back. to me this afternoon. If you should have any questions about any of the enclosed documents, please call my assistant Elaine Agnello at (407) 648..3509. I'm looking forward to seeing you on Monday. Very truly yours, R. W. BECK, INC. ~ IJ ~/~ David. H. Doulong Senior Telecommunicatmns Comultant , I DHD/ea B:'OlXmNl32318\C1auw1lter-L.Doe I '-- _/ PLA,\Ir-JI1\;G & DE' '::Ln -" - ~I'~ ~ '- _I 1...1.... I SERVICES . -. CITY OF ClEAill,\ j,-::, aDO North Magnolia Avenue. SUite 300 Orlando, FL 32a03-3174 POBox 538817 Orlando, FL 32853.8817 * Phone (407) 422.4911 Fa.x (407) ~48-8382 >> JAN 07 '00 05. 01 PM RW J;!f;~J,< r .:l PROFESSIONAL SE*ES AGREEMENT , II ThJs PROFESSIONAL SERVICES AGREEMENT (oltAgreemenr) IS dated January 7,2000 by and between R. W Beck, Inc:. (*Beek), with offices at 800 North Magnolia Avenue, Orlando, Florida and The City of Clearwater C"'C1ient}, with offices at 100 South Myrtle Avenue, Oearwate~ Florida. NO~ THBRBPORE, in tonsideration of the promises herein and for other good and valuable consideration, the parties agree as follows: 1. Services: Beck and Client agree Beck will proVlde, from time to time, general consulting engineering services to the Client under the provisions of this Agreement. The services to be provided by Betk shall be agreed to by the parties and authorized by the Oient in a supplement to this Agreement whith !em forth the &Cope of setvices, schedule, budget esbmate, and special provisioN, if any, rels.ted. to the work (the "Scope of Services"). The initial Scope of Services to be proV1ded by Beck to the Chent is attached as Supple- ment A. Except as explicitly provided. for in a particular Supplement, Beck's engage- ment and Scope of Services does not inelude any assessment, evaluation, review, testing, or discussion of the status of date and time problems, including but not limited to hardware and software issues associated with the Year 2000 whith may impact Clienfs facilities or systems or those of other entitles with whi~h Chent has busmess or opera tienal relations. 2. Independent Contractor: Beck is an independent contractor and is not an employee of the Client Services performed by Beck under this Agreement are solely for the benefit of Client unless specified otherwise. Nothing contained in this Agreement creates any d.uties on the part of Beck toward any pet80n not a party to this Agreement 3. Standard of Care: Beck will perform services under this Agreement with the degree of skill and diligence normally practked by profess1ONI engineers or C'Onsultants perform- ing the same or similar services, No other warranty or guarantee, expressed or implied, is made with respect to the services Nrnl&hed under this Agreement and aU implied warranties are disclaimed. 4. Changes/Amendments: This Agreement may net be changed except by written amend- ment signed by both part1es. The estimate of the level of effort, schedule and payment required to complete the Sc:ope of Services, as Beck understands it, is reflected m each Supplement. Services not expressly set forth in each Supplement are excluded. Beck shall promptly notify the Chent if changes to the Seope of Services affect the schedule, level of effort or payment to Beck and the schedule and payment shall be equitably adjusted. If Beck is delayed in performing its services due to an event beyond its rontrol, indudins: bu.t not limlted to fire, flood, earthquake, explOSion, strike, transporta- tion or equipment delays, or act of God, then the schedule or payment under each Supplement shall be equitably adjusted, if necessary, to compensate Beck for any additional cost! due to the delay. s. Payment: Client shall pay Beck within 30 days of monthly inVOIces. If Client dISputes any portion of the invoice, the undisputed portion will be paid and. Beck will be nobfied I! t 1 I , I' II I II! II j " ~l8\OWWatwPSA.doc At;t'~ No.lJ5.OO696.10101 Ii \\: [I ~ r t: f :i' I L ~ \ I' , II I .\ J~N 07 '00 0S 02PM RW prrK r ~ PROFESSIONAL tVICES AGREEMENT in writing within 10 days of the mvoice of the exceptions taken. Adchtional charges for interest shall become due and payable at a rate of 1-112 percent per month (or the maximum pertentage allowed by law, whichever 18 lower) on the unpaid amounts. Any interest charges due from the Chent on past due invoices are outside any maximum billing amounts established for this Agreement and shall not be included in calculating the maximum. If the Client fails to pay invoiced amounts within 60 days after delivery of invoice, Beck, at its sole dIScretion, may suspend services hereunder or may imbate collections proceedings, including mandatory bindmg arbItration, without incurring any UabiUty or waiving any right established hereunder or by law. 6. Insurance: Beck shall maintain inswance with the followmg required coverages and mmimum Umlts and upon request, will provtde insurance certificates to the Client: Workers' Compensation Statutory Employer's Liability $1,000,000 CommercJ.al General Liability $1,000,000 per occurrence $1,000,000 aggregate Comprehensive General Automobile $1,000,000 combined single limit ProfesslOnal LIability $1,ooo~ per claun and In the aggregate 7. Indemnity: Following operation of applicable nghts of contribution and to the extent pemutted by law, Beck agrees to indemnify, defend and hold harmless Chent and Its directors, officers and employees from and agamst any and all loss, damage, claun or liability (including without lmutation, reasonable attorneys' fees) incurred by Client to the extent arising out of Beck's negligent aem, errors or OmlSS10ns, mcludmg clauns by any third party or claims made by employees of Beck. Beck explicitly and expressly waIves any nght It has to lIIUIlUIUty under applicable industrial insurance laws with respect to any action against Client and agrees to assume lIability for actions brought by its own employees against Chent as proVIded above. Following operatton of apphcable nghts of contribution and to the extent permitted. by law, Chent agrees to mdemnify, defend and hold harmless Beck and its directors, officers, employees and subconsultants from and against any and all loss, damage, claim or liability (including, without limitation, reasonable attcmey's fees) incurred by Beck to the extent arismg out of Chent's neglIgent acts, errors or omissions, mcludmg clauns by any third party or claims made by employees of Client. Client explicitly and expressly waives any right It has to unmumty under apphcable mdustnal msurance laws With respect to any action against Beck and agrees to assume liability for actions brought by its own employees agaUlSt Beck as prowled above. 8. Limitation of Uability: No employee of Beck shall have ind1vldualliabihty to Chent. To the extent permitted by law, the totalliabillty of Beck to Client for any and all claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third party claims, shall not exceed the compensation paid by the Chent under the apphcab1e Supplement. 5 ~18\<Jarwlltll?rPSA.dOC R.W Beck 2035-2 JRN 1217 '00 1215 02PM RW BFTK t'" ::> PROFESSIONAL, LVICES AGREEMENT : I 9. Consequential Damages: In no event and under no c1rcumstances shall Beck. be liable to Oient for any interest, loss of anticipated revenues, earnings, profits, increased expense of operations, loss by reason of shutdown or non-operation due to late completion, or for any consequentia~ indirect or special damages. 10. Termination: Either party may terminate this Agreement upon thlrty (30) days written notice to the other party. Chent shall pay Beck for aD servkes rendered tD the date of termination plus reasonable expenses for winding down the servu:es. If eIther party defaults in its obbgations under this Agreement or the applicable Supplement (including Client's obligation to make payments hereunder), the non~eflu1ting party may suspend perlormance under this Agreement or the applicable Supplement, after giving seven (7) days written notice of its intention to suspend performance under this Agreement and if eure of the default is not commenced and diligently continued. 11. Reuse of Work Produdi: AD documents, analyses and other data prepared by Beck under this Agreement relating to a particular Supplement ('"Work Products") are mstru- menta of service and are and shall remain the property of Beck. Chent shall have the right to make and retain copies and use all Work Products; provided, however, the use shall be limited to the intended use for which the &ervicee and Work Products are provided under the applicable Supplement Beck may, at Hs BOle discretion, copyright any of the Work Products; provided that copynghting will not restrict Client's right to retain or make ropies of the Work Products for its information, reference and use on the projec:t or services under the applica.ble Supplement The Work Products shall not be changed or used for purposes other than those set forth in the applicable Supplement without the pnor wntten approval of Beck. If Client releases the Work Products to a third party without BecI(s prior written coment, or changea or uses the Work Products other than as intended. hereunder, Client does so at its sole nsk and cUscretion and Beck shall not be liable for any daims or damages resultmg from or connected with the release or any third party's use of the Work Products. If software ia intended or expected to be developed under the applicable Supplement, a software hcense agreement acceptable to Beck shall be executed by Client 12. Information Provided by Others: Client &hall provide to Beck in a timely manner any informatlon Beck indicates is needed to perform the servic:es hereunder. Beck may rely on the accuracy of information provided by Client and Its representatives. 13. Opinions of Cost: Beck does not control the cost of labor, materials, equipment or services furnished by others, nor does it control pricing factors used by others to accom.. modate inflation, compebtive bidclmg or market conditions. Beck estimates of operatlCm expenses or construction costs represent its best judgment as an experienced and qualified professional and are not a guarantee of cost. 14. Dispute Resolution: Beck and Client shall attempt to resolve conflicts or disputes under ttu& Agreement or a particular Supplement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator (except for payment disputes which may be submitted directly to arbitration). If m~iation does not settle any dispute or action which arises under t1us 'I 1 ,- ',i I .' II I I~ft " S.\DlXllICl(N).321~ClMrwaterP5A.doc R.W. Beck 21)35-3 J , I" mN 07 '00 05' kl::ll-'M ~w t"~ 'K r c PROFESSIONAL tvlCES AGREEMENT I ~ Agreement or which relates in any way to this Agreement or the subject matter of this Agreement or a partirolar Supplement, it shall be subject to arbitration under the rules governing rommercial azbltration as promulgated by the American Arbitration Association and arbitrability shall be subject to the Federal Arbitration Act. 1 S. Miscellaneous: (a) This Agreement is binding upon and will inure to the benefit of the Client and Beck and their respective successors and assigns. Neither party may assign itll rights or obhgations hereunder without the prior written consent of the other party. (b) Client expressly agrees that all provisions of the Agreement, including the dause limiting the liability of Beck, were mutually negotiat2d and that but for the incluslOn of the limitation of liability clause in the Agreement, Beck's compensation for services would otherwise be greater and/or Beck would not have entered into the Agreement. (c) If any provision of tlus Agreement is invalid or unenforceable, the remainder of thIs Agreement shall continue in full force and effect and the provision dedared lI\valid or unenforceable shall continue u to other circumstances. (d) This Agreement shall be governed by, and construed in atcordance with, the laws of the State of Florida. (e) In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover, as part of its judgment, reasonable attorneys' fees and costs from the other party. IN WITNESS WHEREOE the parties have signed thia Agreement the date first written above. 'It Ir\ I , THE CITY OJl CLEARWATER BY~ Its Jl~r /!t?J7n/y~~ III ~ , I R. VI. BEa<, INe " By a;pt( dt. A~ ~~ ~ · V'. Its u (~ C1l J, I S'IQOCI()O(M32318\Oeo1lwlllerPSA.doc R.W Beck 2035-4 J HN I:::J ( , I:::J~ ~J ~.jt-'I'l t(W t'~. '" .- , SCOPE OF SERVICES ~D SCHEDULE AGREEMltNT N~Q5..00696-10101) SUPPLEMENT A Pagel GENERAL This Scope of Services will be provided by Beck to the Client under the provisions of that certain Agreement dated January 7,2000 between Beck and the Client The cost account for this Srope of Services willbe task number.'plO1. ! II: I " II SPECIFIC SERVICES TO BE PROVIOED BY SECK ~, ' Beck will attend a oneooday meeting with CUent and industry representatives to dJsC1.lSS wireless tower aiting issues and advise the Client on matters pertaining thereto. In addition, Beck will provide additional services as a result of directions received from the Oty at the meeting. Jl; III SERVICES TO BE FURNISHED BY THE CLIENT III II The Client shall assist Beck by fimushing and making necessary personnel and data and information available, at no cost to Beck. 1b minimiu costs and expedite data transfer, where appropriate, all data and analyses shall be provided in computer readable form on PC diskette or other agreed-upon format. Other specific services to be furnished by the Client include: A. Copies of all existing relevant analyses, reporm, maps, data, contracts, etc., as required to complete the work. B. Assistance as may be required of the Client or the City, to make determinations with respect to the provisions of the Ordinance. ,\I ' ~ 1 I I .[ , IV ADDITIONAL SERVICES ,I :11 I At the written direc:tion of the Client, and to the extent not provided for in this Supple- ment, Beck will perform additional studies and analyses not specifieally eet forth in the above-described Scope of Services. If, and to the extent that, there are material adjustments to d.ata provided by the Client or City, as determined by Beck and With the concurrence of the Client, any addiuonal services provided by Beck as a result thereof shall be considered Additional Services under this Section I'l. Such services will be m addition to those specified in Sechon II of this Scope of Services ami will be compensated for separately on the basis of payment specified. in Sectlon VI B of this Supplement. It S.~I8\SOS-0euw.tsr.doc Page 1 JAN 07 '00 05 04PM RW F'~K P B SCOPE OF SERVICES AND SCHEDULE AGREEMENT NO. OS.00696-1 01 01 SUPPLEMENT A Page 2 V SCHEDULE Subject to the receipt of authorization to proceed and to the umely receipt of data and information and. to the agreement by the Client and Beck to the contrary, it is expected that the draft report will be provided In two weeks from the receipt of written authorization to proceed and of the requested information. However, this schedule may be revised. from time to time by agreement between representatives of the Client and Beck to accommodate the needs of either party or to minimize costs. VI FEE FOR SERVICES Payment for the semces Wlder Semans IT and. IV of this Supplement will be based on the actual hours of services furnished multiplied by Beck's billing rate as of the date of its monthly invoice plus all reasonable expenses directly related to the services furntshed under this Supplement. Beck's invoice shall show the number of hours billed by each person, their respective billing rate, and all expenses charged. to this project The Scope of Services set forth in this Supplement A is agreed to by: THE em OF CLEARWATER , I 11 B~~ . Its 1f;U. ffdff/77f;;J;~ R. W BECK, INe. BY~~t? Its fl~ (j2;_,~ ~ , { 'j [, S.~lB>SQS.C1earwatm.doc Page 2 ~, ~ .....- From Sent. To Subject r rl d , 0 rI rl,llj~rJD - V\.L, WrJ--d 4- 4f11~~ I am putting In your box a contract that I signed with David Coulong with R W Beck He IS our telecommunlc~ expert Please do whatever IS necessary to arrange to pay him as a consultant at rate of $125 not to excee~ When Ralph and I get back, we can talk about what IS the approPriate budget code, etc Please do as much as you can and let me know the results thanks Hardin, Cyndl Saturday, January 22,2000306 PM Ruscher, Amy Doulong Contract Ruscher, Amy l+t N~~ ~ 5~ 1P bcN~~. ~~ ~ ~. 0J'f\~ ~ b-L p~ ~ ~~ ('! ^J-j\.. '::JC:::;;, G:2-- h ~~~. -, II II f !I 1 ,I ! " i. Hardin, CY,l1di From Sent To Subject MNWEJW@aol com Monday, January 24,2000340 PM ch ard I n@clearwater-fl com American Jnfoage, LLC/Mlller M Cooper To Whom Jt May Concern I live a 1826 Pine 5t , Clearwater The proposed tower would be practically bUilt behind my house at 505 Virginia Lane I DO NOT want the tower erected II will be an eye sore to me and my family and the rest of the residents In thiS area It would seem to me, that a city that IS trying to beautify Gulf-to-Bay Blvd, and the rest of Clearwater, spending thousands of tax payer money, would see that thiS proposal would not be In the best Interest of the city or Its sourroundmg residents I ask the city would carefully review thiS proposal and deny Its request There are other places near by that could accomodate the tower, but Info age and Mr Georgilas do not want to pursue thiS avenue I hope that thiS request does not fall by the way side, as other apparent petitions have Sincerely, Mana N White 1 I .~=: \ riC€: \( IIfZ.I,q q f J{fJ 8 ~(~ )-- " \." '\ , To:City of Clearwater Planning and development admin From: Joseph A Hitch 510 Virginia Ln Clw FL 33764 request to have a reconsideration at the December 14 ] 999 meeting of the community development board regarding the decision from the Nov 16 1999 meeting,regarding the approval to put a 160ft telecommunications tower at 505 Virginia LN.Either through misrepresentation or mistake the following document from Mr Kevin C Becker (Site acquisition Manager for AT&T)to Mr Jim Miller dated Sept 16 1999 was not brought to the attention of the board,stating to the effect that AT&T and the school Board are willing to work together with interested parties to replace the tower on school board property to accommodate everyone.Letter # 2 was a fax from Kevin Becker to Ralph Stone that nobody from AT&T was contacted to appear at the meeting to represent their side.! would like the chance to bring this up at the next meeting for discussion FIt tc: ~ ~~ to :" 'Z-L'~ ~ \ 't- ~ ~l..e.d II ~~ ~ 1 h C.~ll4 n r3t1-tl}( d, ... November 24, ] 999 Mr V Peter Reuter 1950 Sandra Dnve Clearwater, FL 33764-4772 Dear Mr Reuter Thank you for your letter your letter regardmg the proposed telecommUnicatIOn tower to be located at 505 Vlfgmm Lane I appreciate the concerns you expressed 10 your letter and \velcome your comments The process by which that proposal IS approved mvolvcs a quasI-Judicial pubhc heanng by the Clearwater Commumty Development Board (COB) On November 18, 1999, the Board conducted a pubhc hearlllg and reVIewed the proposal as a flexible development case wlthm the C, Commercial Dlstnet At the meetlllg, the COB approved the request With the conditions that I) approval shall be mltlally for a lOa-foot tower, and shall be mcreased to 160-feet If the applicant provides a contract signed by three users, 2) the aforementioned contract shall be submlttcd pnor to the Issuance of bUlldmg penmt, 3) evidence of nonreflective color shall be submitted prior to Issuance of bUlldmg permit, 4) assOCIated eqUlpmentlbuddmgs shall be located on approved slabs as indIcated on the site plan 5) a landscape plan mdlCatmg species and numbers and locatIOns of plant matenal shall be submitted to staff for revtew, pnor to Issuance of a development order, and 6) a revised Site plan shall be submitted locatlllg the tower five feet closer to the eXlstmg bUildIng and Include a la-foot buffer around the reqUired tower fenelllg, prior to Issuance of a development order The CDB requested that, over the next 60 days, the applicant use hiS best efforts to cooperate \\ tth the City to deslgmng a tower that tS as Inconspicuous as pOSSIble Based on representation by AT&T after the COB meetmg, there was some Interest expressed to have the case reconsidered Under the Commumty Development Board's rules of procedure, a ease may be reconsidered at the request of the Planmng Staff, apphcant or Illterested party and must be requested at the next regularly scheduled meetmg of the Board A reconsideration or reheanng shall only be granted upon a determlllatlOn by the Board that their deCISion was based on a mistake, fraud or mlsmterpretatiOn Several neighborhoods have mdlcated an mterest In pursulOg a reconSideratiOn If tlus occurs, the Board wIiI reconSider the case at ItS next meetmg scheduled for December 14, 1999, begmnmg at 200 pm The tlmeframe wlthm which to submit a wntten reconsideratIon request should be made to the Plannmg Department by December 1, 1999 If you have additIOnal concerns or questIOns, please do not heSitate to contact me at 727-562- 4050 Smcerely, Bnan Aungst Mayor of Clearwater Cc City CommiSSIOn members Mr Mike Roberto <;, \ lt~S\tCwW- CoW\.M ~ f1flrOVl.CL, tdC ~ NDV-18-1999 11.54 'i> P 02 " V Peter Reuter 1950 Sandra Dr Clearwater FL 33764.4772 (727) 447-6305 Ph-Fax E-Mail - hnlg@Juno com November 18, 1999 The Honorable Bnan Aur~t, Mayor CIty of Clearwater POBox 4748 Clearwater, FL 33758.4748 562.4040 562-4052 Fax COPIES TO COMMISSION NOV 1 8 19"; Dear Mayor Au~t and Clearwater Commissioners P lease oppose the 160" cellular phone tower on G. T ~B for the following reasons. PRESS CLERK I ATTORNEY 1 We are spendrng millions of Tax Dollars to beautify G-T-B' It DOES NOT make sense to allow a160' tower on G-T-B to distract from the beauty Improvements I 2 I suggest more than one company transmit from a cellular tower that IS nearby 3. The 1100 Cleveland St BUilding IS 15 stones and about 135" tall. Constructing a 50' tower on the roof would not be noticeable from most areas In the viCInIty of the 1100 Building The 50' Tower would be cheaper to construct! If the 1100 BUIlding IS unsUItable for some reason, construct the tower on a highest offIce bUIlding In the VICInity of G- T --8 & US 19t Thank you for conSidering my vIew pOInts Sincerely, rPdetu ~wku JJ1~ ~ woon~ for th'3 Moyor's ~!gngture. CCI City Com.'T~slon Due date. /fc1~ Peter Reuter 1950 Sandra Dr (727) 447-6305 Ph-Fax E-MaIl - hnlg@juno com TOTRL P 02 NOV-09-1999 16 46 " P 02 1, Be~- "' Ava '....... , ~opy d ~.NJe " Frazer Hubbard F'~randt ~ Trask JOHN' :P.: 9/.2ER )OHN G HUBBA.aD N..\JUt VI 8R4NJ)T · TIIOlIAS J 1'JlASK. .:fREDBUCK. B.IWSHING A~YS A'l. T..a1V SBR!' BY I'ACSIIGLE (721)562-4021 r 0 \E(C~~\I1~ 0' \ \ I t<<JV I 0 II!Il I I i I PLANNING & DEVELOPMENT SERVICES Cll-v o~ CLEARWATER .. Hovdmber " 1999 Pamela Akin, Seq. City Attorney Ci.ty of Clearwater 112 South Oaceola Avenue Clearwater, PL 33758-4148 L ~ __ .Re; American XnfoAqe Application for a i:elecOJlllllUlicatioD toweJ:; city of Cleanrater CQIlIIDbttity Develop.-nt Boa.rd Dear .... Akin: I ZOepE'eS8nt Aaerican .InfoAtJ. "hieh .i.,e a co-locatioD teleCQDIIIUnication. tower c0IIIp&Il1 tha~ ia interesteel in bu.lldiDq a telecomsmnicatiouB toveJ:' at 505 'lirgiDia LaDe in the city of Cl.arwat.aJ:' and. has filed a level 2. applicat.ion before the city of Clearwater cOlllll\1nity oevelopaeat Board. I believe that tbe application val filed in JUDe of 'toM. year and 'IItY client has appeaE'ed. before the Board. OD .ever.l occaaiOft8. At the mo.t recent meeting where I W'iU present representing AmeJ:'icllft InfoAqe, the aoarcl b r.sponse t:.o . las1:. mi.n~te: ZOeqD8Dt frOll the city HaIUlger postponed a finAl docision on the .pplica.tiOJl to the meetinCJ of Ncwember 16th. Tba i..UB t.hat aeeJd to give the Saud the 1II08-t difficulty La tbe i.Bce of joint. U8. of an exiat.in9 tcMeX illI aD alternative to D8V tower construction.. The .t:.aDdard8 toX' revin of the application are foWld i.D seetion 3- 2001 of Division 20 of the c~Dity Developmeat Code. In each instance throughout 'the atatld.rde, tho requiremeat i. that; 'thero IIRlBt be an -ex.iating- telecosaun!eati011 tower if it. ie to be considered. aD an al'ternative to new tower construction. 'fhe exis'ting t.ower muat -be in the proper geographiC area for clN'8xa.ge requirements, it DIIlBt be of 8ufficient beiCJht ancl it 1IlWIt. be of 8ufficient. structural .trenqth to support the applicant's proposed antenna and. equiplll8ut. My client p:r:opoee. to loca:ta not les& than three users on its tower (crtB, ,riaMtCo and Bextel) aDd will have .paCe for .. fOl1rth useE'. The unrebuttod t.estimony before the Board is t.hat. t.h_Z'8 i8 a gap io telec~n.icatiob. coverage in thi. portion of the City. My client believu. that it meet:fI t:he expre.. purpoee of your stau"'JUus .s set: forth in paxagrapb (Al of section 3-2001 to f\l%Dish the_ eervices wi'thil1 the cit.y -qu.ickly.. effectively and efficiently.. "')lit .o6'l<< Boll: me m MDn $ttIe:e.t Dutledln. fJond:I ~ ~ 71:77>>0494 fa: 127.'3+~J '"J"U: m.:'7~~299t .,." --'-"'11IooII] I~ ,.,. " ~-- -.. ;>- pamela Akin, Eeq. Bov.-ber 9, 1999 Page 2. -, CCJ6YY ll~able Tbe prilaary i..ue that the Board .._ 'to be st.ruggliDg with i. .. t:ower loca1:.ad on 8c1loQ1 Board. property at Cl_rvater sigb SChool. The ~ebu.t;ted. tatimony befoze t.he Board 'ia that thia 'tower is not .truct:11Z'ally capable of accepting addit1oll&l t..lec~J\io&t.ion. equiptllBDt and that Dsitbu tbe SChOOl Bom:d or A!'6T haa iUJf i1aediate plane to modify oJ:' replace tbi. tower. TbeJ:'e are enqiDeeri.D9 reporte frOlQ Pate Ra.gin..rJ.D.CJ, ZDC. in the file that. can unqu.alified.ly state that the tower struet.vze 1. "'highly QiV8J:'.t:re..ecllf .. Varioa.. eli.w.sion. with Schoo~ 8oaJ:'d staff have yielded different positions and. precU.~iona about the av&11ability &ad tuture of the SChool IJaarcl tOW'llr. Taking 411 tbie into aocount, it tfOUld be VB%')" JllQch apPJ:'eeiated if you or Lealie Dougall-Sides .. .taff to the r~pity Development Board could i,..lJ.. 411 opiAioD. '1:0 me 4I1d to tM Board thac it. conelderatioll of joint u.e JlUat. be liaited to -u:iatinq- tel8C~.nJ.O"UOD. t.ow.J:." and that. vague sta'teaeDta !rOIl School 8rsard staff 'that po.Bible l:eplac_At of the Clearwatu Riqh SChool tower lit eome unJa1.cnm tiJae 1D the future 18 not &ufficiellt. to deny tbi. applicatiOll and. that the tower .....t be -uiatiDq. and capable of accepting 1llY olient I a telecaamnication.. equipment .& of th. tilPe of consideration of the appl1cation. l' .. fe6E'ful 'that ule.. cl..r cU.r.ctJ.oQ i. qi'f'eD. tba Baud OD this aspect of ~h. ordinance that it ~ wieh to farther continua or ~9ht dany the applioatioD baaed on it. hope that eo.a faoi~ity will eventually beccmae avail.ble On the School Board property. Ultimately this type: of clear cJUidance would be of gre.~ 4SBJ,&tanc. to the Board aod to the applicADt. Thank you for your alaistaDce in tbis matte%. I belie~8 that all the sa would be vell served by your ...i.t.aDc:e at; tbi. ti... Very c:c:: A\ NNING & OEvaoPMENT pLA SERVICES W~-\n rT" n\ 0 ':..~ ". ... Fra2er, Hubbard. Brahdt B1 nut I \ 1 l I TDn:JL P 03 ~ 'i '\ NOV-16-1 '39'3 l::l~ l::'1::l .. ~~~~ ~.l:Jl .. ). . American InfoAge, LLC . . . . 2727 Ulmenon Road, Swte 230, Clearwater. FL 33762 C7271556..o220 1-800-2'i8--4399 Fax (727)SS6-0417 ~ Now:mlx:r 11, 199'l 0IIIIiI: n.tionaldata_i~~ _, ~ ~\ \ Michael J. Roberto - \::::!J ~ CIty Manager, eit, ofClearwatet "'; ) \ ~litJ~~hIAve \ ~~~.'J:\, ~ \:) "~~,oo J""ct<o\ Clearwater, Fl. 31'156 \\ ~""\ __ nc.\J ~, S. v"" S -- J-' ?-\J\c€ .~,,~~~ s€ !Cl'?o...... of C-...:. o\"l Re. Amencan InfoAge - Communication Tower Dear MIchael: I am writing to provide informatlon on our efforts to provide tower facilities to GTE, Nextel. PrimcCo a~d potentially two other tenants. All three of these carriers need to co-locate on OUl' tower to I!lff l their obligation as required by theIr FCC commitment and to their customers in the 8fca These carrit:rs have been actively attempting to locate their facilities in the area of our towel'; for as long &i three years without result. American [[lloAge bas proV1ded evidence that the existing tower at the Clearwater Higb School is structuraIJy incapable of carrying any additional loading. See letters dated Jan. 3, 1996 and Jan. 31, 1996 t~1 Pate Engim:ering, Inc. Leroy Paie, a recognized expert in structural design of steel towers, mar1e a detailed study of the tower located at the high school near 0\0" site and determined that the- tower cann.ot carry additional loading and,. further, that it is not bstble financially to modify the tower American InfoAge bas provided design and data to the City of Clearwater that. it meets all the requirements of the ordmances governing tower development in the City. We have tWICe received a recoDlD)l~[lclation for approval by the Planning Staffoftbc Crty. Regardin& tbc potential for rebuilding the existing tower on the high school I am provlCling the folIo" i.cg mfonnation. The cost ofrelocating the equipment belonging to AT&T from the existing ID\l/ef to a new tower will be in the range of$300,OOO. The cost to relocate the School Board's eqUJpment will also be substantial AT&T currently bas a thirty year lease (expiring in May of 20 17) On the existing tower for which it paid a substantial amount of money in advance and prov.ded other incentives to the School Board. AT&T bas every right to expect to receive the benefits 10r which it bas paid. This lease provides no terms or COndd:IDIlS which would allow the School Board, City or anyone else to require AT&T to move from this tower. Attached is a copy 4) f this lease for your review. I < NDU-16-1999 08 29 'I . . r-.~.:::: .J^. It should bt: obvious from the above that there is no pmbabLlity that the tower at the high school is going to Je rebuilt unless some entity other that AT&T provides over $400,000 in cash for relocatiOn cosLl, proVIdes free rent to AT&T fur at least the next seventeen and one~ha.lf ye&n, provides an additional $180,000 to $220,000 to build a new tower and remove the existing one, and provides idditional space on the ground for the relocation. Even tfth: l1bove costs, which would exceed. 5600,000, were advanced. by the City of Clearwater andlol'lhe School Board the resulting new tower would only accommodate the School Board .fac U ities, AT&T, and one or possibly two carriers. Who is to decide which carriers are to be excluded") Any such exclUSlOD of one or two c:amers is certain to reqwre additional tower{s) or to inslue successfullawsuit(s) against the City and County, and probably both. Additionally. twe ~r three carriers would be left without co\lerage for their customers. This result runs entirely conti ary to the expressed goals of Section 3-2001 of the Clearwater Land Development ReU J1atlons. Lastly, I sllOuld point out that lbe ordinance of the City of Clearwater does not allow the City to deny or n.lIther delay American InfoAge's application based on a requU'Cment to locate tenants on a towt"r to be built The ordinance addresses only existiru! towers. This srtuation is further exacerbatd. by the fact that there 15 little probablhty that a new tower to replace the existing towcr will ever be built for the reasons given above. To continue to delay or deny the three Camers (OlE, Nextel. and Sprint) from providing semce to tlns area is placing them at a competitive disach'81ltage to carriers cWTcntly able to provide this service. It is unfair financially, and is discriminat.ny to these Carner.llll1d thell customers. This unfair and discrinunatory pracuce bas beell i~oing on smce 1996 - this is certamly unreasonable I hope tht: above information 15 of assistanCe to you m undemanding the frustrations of those carriers who are required by their charter from FCC and the needs of their customers to provide competiu.re servIce in this area. Should yo J have any questiotlS or desire additional information please give me a call YU>' h~ /~~~-- TOll'lL P 02 '.... f-'.l::H ~~.~~I- NDU-I6-1999 0g 43 I\DMtNISttlM10N 81J1lDl'o/G WI fO\lrth 51 nt S W ~'t) tlc~ 1912 l:a(1)P n n77Q-~9+2 (727) ~-1313 FA'( (727) 588-6202 S~hoollloud of r,lI( Uu COUIlfJ'. Flonda Chum an Ur 3enjarr1ln \; Lce ChalrmRn \.bx R Gcs. ""-r p, D 'bney N i.Io>Iock J:ane Ga' UtCl S\lloiln Lal\'lIl. ! 'ndl!.. _fincr T1lomasC Todd )"""r\l'l((nd~n' j liow"rd HIlleslcy, Ec C P ndtat Co\lnty 5r:hwl. . an fq\lol "PP'" \I~Uy lnSlUUfHlTrJof (<-Juruhon o..d tmployrnlnl d- - - PlNELLAS COUNTY SCHOOLS g""WlO'l ~ ~/;Hll1Z9 dlw~'lJ rwWnL 1 RECEIVED November 10. 1999 NOY 1 5 1~9g Mr. Michael J. Roberto CIty Manager City of Clearwater 112 South Osceola Avenue Clearwater, FL 33756 CITY MANAGER'S OFFICE Dear Mr Roberto I've receIved your letter of November 2, 1999 and request for confirmatIon referencmg a meeting With both your representatIve and Amencan Infoage Our position IS, by contract, we share a mutual usage on the tower with AT&T on our Arcturas property which IS adjacent to Clearwater Hlgh School. ThlS contract dlctates any co~locatJ.ng, removal or addmg of any eqUipment has to be consensual by both AT&T and the School Board. Secondly, we have Just bid a brand-new communications system that wIll Impact the space on the eXlStlng tower Therefore, we are only agreeable to a meeting If AT&T representatlves are also present and Involved in the dIscussion and final outcome of the use, removal or co-locating on thIS tower. Sincerel~ kard Hmesley, Ed.D. Supermtendent of Schools ~~( 0-'-;) \I." ~~t (It "- Pr Illed O~ !l.tcydtd Paper TOTAL P 01 " f4( /}. Planning and Development Services P.O. Box 4748 Clearwater, n 33758 November 9,1999 F I L E Gentlemen: I arn residing within a short distance from the cellular tower that is being proposed by William and Rope Georgilas, and Infoage Inc. Every since the GTE had submitted an application to install the tower a 505 Virginia Lane, myself and many others we have been against it. When the GeorgUas's and the Infoage Inc., had their first community development meeting, Infoage made a statement to the board that Infoage had purchased from Georgilas all the surrounding parcels of real estate. This was false, the only parcel that Infoage has purchased from Georgilas is the 505 Virginia Lane property, as I discovered from Georgilas tenants. I did some research and I found out that since Infoage has not purchased the rest of the properties that Georgilas, ownes Infoage is in violation of the set-back requ1nnents and consequestly Infoage should not be allowed to put the tower there because of the very short distance of 505 Virginia Lane and the Georgilas restaurant. You may want to investigate this matter Y01U'Selves, through the public records before the next meeting. \ ) ,/ Concerned Citizen ~ ""0/ '..... ft July 8, 1999 Mr John Asmar Plannmg and Development Services POBox 4748 Clearwater, FL 33758 We are not In favor of allowIng a commUnIcatIOn tower at 505 VIrgInIa Ave , Clearwater, know as CDB 99_08 Such an atrocIOus sIte would certamly be an eye sore to our resIdentIal communIty as well as our many ViSItorS who travel down Gulf to Bay on their route to the beaches TIus would contradict the beautificatIon project the CIty IS pursumg and the many efforts of the people mvolved to Improve the city of Clearwater Also, we as a commulllty contmually stnve to Improve and beautIfy our neighborhood Our beauty IS what attracts people both as tOUflSts and reSIdence to the communIty ThIS structure would definItely rob It of ItS attractIveness and splendor My concern IS also for the many youngsters m our neIghborhood In which thIS tower may present a danger to Thcre IS mevItabllIty a high nsk of danger by constructmg this tower next to a reSidentIal commulllty Why even chance the rIsk of mJury? This would be a dIsservIce to our chIldren There IS a better place for such a structure The mdustnal park on Hercules would certamly be a more approprIate place It would be away from the reSidentIal neighborhoods and the most frequently traveled road m and out of our commulllty This request has surfaced m the past and been denIed for the very reasons mentIoned above I believe the communIty and Ctty are m harmony regardmg these matters and have the best mterest of Clearwater In lieu of thiS, the request should not only be denIed but not be allowed to resurface tIme and time agam I urge you to contmue to Improve the quality and beauty of the area we hold so dear I' To reltcrate, I object to the request to construct a commUnIcatIOn tower m our neighborhood ". I thank you for your tIme, consideratIOn and dIscretIon 11(', 1'1 !J!tiJ-~ Peter and Diana Vorona f 846 Pme Street Clearwater, FL 33764 I ~ ~ \ 'I;. ..~ ~f