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Rezoning Petition Submitted by APC Towers IV, LLC, on Behalf of The Grace Brethren Church of Brooksville, Inc., to Establish Public Services Facility Overlay District for Communication Tower Located on Faber Road (H2529)
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BRIEF OVERVIEW
Rezoning Request:
Public Service Facility Overlay District (PSFOD) for a communications tower
General Location:
Southwest corner of Cortez Blvd and Faber Drive
Parcel Key Number:
656953
Summary of Applicant’s Request:
The applicant is submitting a Public Service Facility Overlay District (PSFOD to allow the construction of a 199' AGL monopole style communication tower ("Monopole") and related support facility. The Monopole will support the antennas for T-Mobile and will be able to collocate three additional sets of antennas for a total of four collocations.
Hearing History:
On February 9, 2026, the Planning and Zoning approved the Petitioners request 5-0 to adopt a resolution approving a Public Service Facility Overlay District (PSFOD) for a communications tower with performance conditions.
On April 7, 2026, the Board of County Commissioners voted 4-0 to Postpone to May 5, 2026, the petitioners request for a Public Service Facility Overlay District (PSFOD) for a communications tower with performance conditions.
STRATEGIC PLAN INITIATIVES
The request is consistent with Strategic Theme A, "Economic and Workforce Development" and Strategic Theme D, "Quality of Life".
FINANCIAL IMPACT
A matter of policy. There is no financial impact.
LEGAL NOTE
The Board of County Commissioners has the authority to make the requested rezoning decision pursuant to Chapters 125 and 163 Florida Statutes. The Applicable Criteria for a Zoning District Amendment are contained in Appendix A, (Zoning Code) Article VI. The applicable Public Service Facility (PSF) Overlay District Standards are contained in Article IV, Section 11. The Zoning District Amendment must be consistent with the Comprehensive Plan.
The regulation of communication towers shall not have the effect of prohibiting the provision of telecommunications service, shall not have the effect of discriminating among providers, and shall not regulate the placement of facilities based upon the environmental effects of radio frequency emissions if they comply with FCC rules on radio emissions. All communication towers shall comply with the requirements of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), and shall be subject to regulation Article II, Section 2(F), except where otherwise provided for in the Zoning Ordinance.
According to Article II, Section 2(F)9, it is the desire of the Board that communication towers are not located within residential areas or residential zoning districts wherever feasible and instead encourage that communication towers are located within commercial, industrial and non-residential zoning districts provided that all other requirements of this zoning code can be met. In the event that it is not reasonably possible to provide wireless service to a particular residential area or residential zoning district without locating a communication tower in said area or district, then it shall be the applicant's burden to affirmatively demonstrate that said residential area or district cannot be adequately served from outside said area or district and that alternate locations (including all non-residential locations capable of servicing the targeted wireless service area) are not available.
Pursuant to Article II, Section 2(F)15, at the public hearing on the application, should the Board vote to deny an application to place, construct or modify a communications tower, the Board’s decision shall be reflected in a resolution giving the reason or reasons for the denial which shall be supported by substantial evidence. However, where a communications tower is sought to be located in a residential area or district, the applicant's failure to meet its burden under subsection 9 above shall constitute substantial evidence for purposes of a denial vote; for all non-residential areas or districts, the county shall have the burden to support its position by substantial evidence.
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RECOMMENDATION
It is recommended that the Board of County Commissioners adopt a resolution approving a Public Service Facility Overlay District (PSFOD) for a communications tower with performance conditions. Should the Board vote to deny the petition, a resolution will be presented at a later date for ratification of that decision.