City Code Enforcement Board imposes daily fine on applicant that won’t take effect until May 1, giving time to resolve issues.
A 185-foot cell phone tower, owned by Ignite Wireless, LLC and erected in spring 2022 on the CSX right-of-way near the corner of Sydney and Turkey Creek Roads, is under scrutiny by city officials due to the company’s failure to submit a site development plan to Planning and Zoning prior to construction in addition to the tower’s noncompliance with zoning regulations and aesthetic standards.
The Plant City Code Enforcement Board heard arguments Tuesday night regarding the $250,000 project, which was not permitted and violates several provisions in the municipal code, officials said.
Among other restrictions, city zoning ordinances require the applicant to submit a site development plan to Planning and Zoning prior to constructing a telecommunication tower, have a setback of at least 50 feet from all property lines and not be within 250 feet of a residential district and have an eight-foot fence or wall around the perimeter of the tower surrounded by landscape buffering.
Code enforcement officials received complaints and questions about the legality of the tower from local residents as well as a local competitor.
Attorney Aaron Garnett of Baker Donelson represented the applicant at the hearing, and stated his client attempted to obtain a building permit for the tower in November 2021 but was told by a city staff member in an email that “this property would not be something that we would permit as we do not permit anything that is on CSX property.”
A lengthy discussion ensued about equitable estoppel and the legalities behind the prevention of unfair outcomes.
Garnett also requested the board defer its decision until after the City Commission makes a decision on the rezoning application it submitted to the city. “My client continues to work with the city to obtain the zoning the city is requesting and we’d respectfully ask the board to defer the ruling until after the March 25 commission meeting,” he said.
On January 24, the Planning Board conducted a hearing on the rezoning application for the Periwinkle Planned Development District, filed by Ignite Wireless, LLC, on behalf of CitySwitch II-A LLC and with permission from CSX Transportation, Inc. The board heard sworn testimony of witnesses about the application, which included three specific approvals: a specific approval to allow a reduced side yard setback of 13’ 9” from the tower edge and three feet from ground equipment to the south side property line in lieu of the required 50 foot distance in Plant City Code, a specific approval to allow a reduced setback distance of 241’8” from a residential district in lieu of the required 250 foot distance in Plant City Code and a specific approval to allow the tower compound site not to provide landscaping around the perimeter fencing, as required in Plant City Code. The board recommended denial of the proposal.
The Code Enforcement Board, led by Chairman Robert Fulks, then discussed the violations and imposing of any fines. By a unanimous decision, the board decided to impose a $100 per day fine per violation ($300 per day total) that will take effect May 1.
