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M M <br />7. A condition of approval for any tower application <br />shall be that the tower ,shall be available for <br />other parties and interests. This shall be <br />acknowledged in a written agreement between the <br />applicant and the county, on a form acceptable to <br />the county, that will run with the land. <br />Note: The applicant is currently finalizing the <br />language of this agreement with the county <br />attorney's office. The agreement must be finalized <br />prior to release of the approved site plan. <br />Each of these 14 criteria has been addressed by the applicant, <br />subject to conditions referenced in the analysis. <br />16. Dedications and Improvements: The LDRs do not require any <br />dedications or improvements connected with the proposed <br />development of this site. <br />Staff recommends that the Board of County Commissioners grant <br />special exception use.approval for the requested tower with the <br />following conditions: <br />1. That prior to site plan release, the applicant shall obtain <br />either a county "airport construction permit" or "airport <br />construction variance". <br />2. That prior to site plan release, the applicant shall document <br />to the satisfaction of the county attorney's office, the <br />following: <br />a. A legal agreement with Berry Groves to allow the tower <br />fall radius to cover a portion of the Berry Groves <br />property and to prohibit construction of any future <br />residence within the fall radius. <br />b. A legal agreement with the Fellsmere Farms Drainage <br />District to allow the tower fall radius to cover a <br />portion of canal right-of-way. <br />C. A legal agreement ensuring that the tower Is available <br />for use (co -location) for other parties and interests. <br />d. A legal agreement requiring that the tower be removed in <br />the event it is not used for active telecommunications <br />purposes for a period of 12 consecutive months. <br />Planning Director Stan Boling reviewed the proposal and <br />requested that Condition 2-d of staff's recommendation be made a <br />separate condition of approval as Condition 3, that the tower shall <br />be removed in the event it is not used for active <br />telecommunications for a period of 12 months. This would enable <br />staff to go through Code Enforcement rather than necessitating a <br />court action. <br />Chairman Adams questioned how far the strobe lights are <br />designed to be seen, and Director Boling advised that a request can <br />be made to have the lights changed to a red light at night. <br />However, that decision would have to be made by the Federal <br />Aviation Administration. <br />Chairman Adams advised that she was aware of several <br />complaints regarding these strobe lights. There is one located in <br />SEPTEMBER 3, 1996 29 BOOK 98�� <br />