17-2957 Recognizing Legislation in Prrogress Regarding Wireless Communication Facilities and Telecommunications Towers/Antennas in Rights-of-Way

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RESOLUTION 17-2957 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, RECOGNIZING AND CONFIRMING LEGISLATION IN PROGRESS REGARDING WIRELESS COMMUNICATIONS FACILITIES AND TELECOMMUNICATIONS TOWERS AND ANTENNAS IN PUBLIC RIGHTS OF WAY; PROVIDING FOR LEGISLATIVE FINDINGS; RECOGNIZING LEGISLATION IN PROGRESS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Casselberry continuously monitors and reviews the Code of Ordinances and the Land Development Code to ensure appropriate regulations for development and zoning within the City, and from time to time recognizes the need to study and amend aspects of same; and WHEREAS, currently the Code of Ordinances and the Land Development Code do not contemplate or address the new state of the art technologies that have developed in the rapidly changing telecommunications industry; and WHEREAS, these new technologies may require improvements that have not been contemplated by the City in the management and control of the City's public rights-of-way, as traditionally these types of facilities have not been installed in the City's public rights-of-way, and lawful competing uses need to be weighed and balanced with public safety and aesthetic interests in mind; and WHEREAS, the City Commission and staff of the City of Casselberry have noted the potential for rapid deployment of such wireless communications facilities and the need for time to review, consider and modify the processes for adoption and implementation of regulations pertaining to the deployment of such wireless communications facilities and telecommunications towers and antennas in the public rights-of-way and to evaluate the extent that the existing regulations are effectively regulating the deployment of these facilities, in accordance with State and Federal law; and WHEREAS, the purpose of this Resolution is to provide notice that the City is developing an ordinance to regulate wireless communications facilities and telecommunications towers and antennas consistent with State and Federal law, and to inform all interested parties that all applications will be subject to the amendments that are in process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. Legislative Findings. The above recitals are hereby adopted as the legislative findings of the City Commission. The City Commission finds and determines that there is competent substantial evidence to support the findings and determinations made in this Section.