No Pershing Cell Tower

celltower.jpg

GENERAL INFORMATION

·        Pershing Avenue Christian Church has signed a lease to rent a portion of the west side of their property in order for a 16 story cell tower to be built.

·        The height of the proposed tower is 165 feet!

·        The base of the tower would be 9 feet in diameter and surrounded by barbed wire.

  • Do you want this eyesore in our neighborhood?
  • Will this decrease our property values if it is built?
  • Do we want this tower near our school filled with approximately 400 children ages 3-11?

There is considerable controversy regarding the health effects of the electromagnetic radiation that would be emitted by the tower.

The tower at this point is only proposed. This is NOT a “done deal”.

to email us click here

UPDATES

11/4/08  Since Pershing Avenue Christian Church is a voting place, we were able to spend some time there educating the voters about the proposed tower.  Also, during the course of that day, we learned that Gilly Development has a contract through May of 2009 and after that they only have a ONE YEAR option to extend the lease. 

10/25/08

·         Mr. Gilly, of Gilly Development, contacted members of our community group with an offer for us to reimburse his company for the money they have already invested in exchange for his abandonment of the project.  We obtained counsel regarding his offer and were advised to decline it, which we did.

As of End of October 2008: 

·         Despite our efforts, Pershing Avenue Christian Church IS STILL PLANNING to allow Gilly Development to build a 16 story (165 foot) cell tower.

·         Mr. Gilly, of Gilly Development, contacted members of our community group with an offer for us to reimburse his company for the money they have already invested in exchange for his abandonment of the project.  We obtained counsel regarding his offer and were advised to decline it, which we did.

·         Gilly Development HAS NOT YET filed an application with Orange County Board of Zoning for a variance hearing.  We are checking weekly for this application.  ONCE the application is filed with the county and a hearing date is set, we will do the following to prepare:

o        Organize a community meeting. 

o        Submit a community petition against the building of the tower.

o        Continue peaceful protesting on Sunday mornings in front of the church.

o        Involve the media in our efforts.  (More news stations have expressed interest in covering our story once an application has been filed.)

o        Continue letters, emails, and phone calls to County Commissioner Linda Stewart, Mayor Crotty, as well as, other county commissioners.

o        When the Board of Zoning hearing occurs, we will have a number of people speak on different topics of concern to our community.

o       We will need EVERYONE in attendance at the hearing to show the Board of Zoning our strong opposition to the construction of the cell tower.   

·         IF Gilly Development meets all requirements and is granted a variance, this project would then go to the Board of County Commissioners for a vote.   For more information on the Orange County Code for construction of cell phone towers, please call Linda Stewart's office (info below). 

9/08 CJ Maier left a message with Christopher Hagy that the church is decline our offers of financial and legal assistance to stop the cell tower from being built.  The church would like to remain "neutral".

8/21/08 Brandon Slauter, Susan Fernandez, Deborah Winterhalter, and Christopher Hagy met with several individuals from Pershing Ave Christian Church (PACC): Bill Underwood, Scott Hazelwood, CJ Maier, and Sandy Sikes, who is the current president of the church council.  The pastor of the church had originally scheduled to meet with us as well, but sadly due to an unexpected death in the church family, was unable to join us.

To summarize this meeting succinctly, here are the key points from each side:

PACC - the agreement has been entered into, and breaking it now would be morally wrong.

  • PACC - during the due diligence process no animosity towards projects such as these was encountered by other local churches, so the assumption was made that none would be experienced here, either.
  • PACC - by erecting this tower they would actually be helping the community, by increasing communication capabilities in the area.
  • Conway Community (CC) - at this point PACC must choose between two wrong decisions: break their commitment to Gilly or alienate the community by building a controversial "blot" on the Conway landscape.
  • CC - if the church chooses to break the contract, members in the community are willing to assist with the legal issues that course of action will entail; further, only those individuals directly involved with assessing the contract need see it (i.e.: it will NOT be circulated.)
  • CC - if PACC chooses not to break the contract and allows Gilly to proceed, then we as a community will continue to work to stop this project by lobbying our elected officials, speaking at the BZA hearing, and conducting protests (with each person participating in those activities he or she feels willing and able to do.)  However, if PACC chooses to discontinue its support of this project with Gilly, then as a community we will publicize the fact that PACC is a church that listened to its neighbors and did the right thing for our neighborhood.  

Mrs. Sikes agreed to take this matter to the full council, which meets one week from today.  One of two outcomes is possible: 1) the council decides to do nothing, and allows the contract to stand; or 2) they decide that terminating the contract is the best decision, at which point the matter must then be put before the full congregation for a formal vote.  On next Friday CJ Maier will update me with the outcome of the council meeting, and I in turn will update all of you.

CJ Maier informed Christopher Hagy that the church will continue its plans to lease the property to Gilly Development and that the church wishes to "remain neutral" and allow this to play out as it will in Board of Zoning. 

THE TIME TO ACT IS NOW!!!

CONTACT YOUR ELECTED OFFICIALS:  Send email, send “snail mail” and make phone calls.  We have been informed that we must contact ALL commissioners, not just Linda Stewart, because they all vote.  Linda Stewarts’ office has called us to say they hear us, but we need to call all voting members! 

 

Mayor Crotty

Email: mayor@ocfl.net

Telephone: (407) 836-7370
County Mayor Richard Crotty
201 S. Rosalind Ave., 5th Floor
Orlando, FL  32801

Commissioner Jacobs

Email: district1@ocfl.net
Telephone: (407) 836-7350
Commissioner Teresa Jacobs
201 S. Rosalind Ave., 5th Floor
Orlando, FL  32801

Commissioner Brummer

Email: district2@ocfl.net
Telephone: (407) 836-7350
Commissioner Fred Brummer
201 S. Rosalind Ave., 5th Floor
Orlando, FL  32801

Commissioner Fernandez

Email:  district3@ocfl.net
Telephone: (407) 836-5309
 Commissioner Mildred Fernandez
201 S. Rosalind Ave., 5th Floor
Orlando, FL  32801

Commissioner Stewart 

Email: district4@ocfl.net

Telephone: (407) 836-7350
Commissioner Linda Stewart
201 S. Rosalind Ave., 5th Floor
Orlando, FL  32801

Commissioner Segal 

Email: district5@ocfl.net

Telephone (407) 836-7350
Commissioner Bill Segal
201 S. Rosalind Ave., 5th Floor
Orlando, FL  32801

Commissioner Moore Russell   
Email: district6@ocfl.net

Telephone: (407) 836-7350

 Commissioner Tiffany Moore Russell
201 S. Rosalind Ave., 5th Floor
Orlando, FL  32801

 

Summary of Community Meeting held at the Church July 31, 2008

·         Gilly Development Corporation has signed a contract with Pershing Avenue Christian Church to erect a cellular tower on the undeveloped piece of land behind their buildings.  T-Mobile is the first carrier to have committed to using this tower; the assumption is other carriers will follow. Representatives from both companies were present this evening.  In order for this project to proceed, the developer must secure a zoning variance from Orange County, the first step in which is the public hearing that took place tonight.

·         The following individuals were present from the County:

o        Jackie Blake – Commissioner Linda Stewart’s office

o        Peter Bettermen – District 4 Representative to the Board of Zoning Adjustment (by the appointment of Commissioner Stewart.)

o        Gail Tyree – Development Coordinator, Zoning Department (407-836-5848)

·         The tower to be erected was quoted as being 165 ft tall, with a 9ft diameter base which is to be “beautified” with landscaping.

·         Based on the Orange County Code Communication Tower Ordinance (http://www.orangecountyfl.net/cms/DEPT/growth/codes.htm follow the link at the top labeled Orange County Code Online, then refer to Chapter 38 Zoning, Article IX General Supplemental, Sec 38-1427 Communication towers), a tower of this height must be 1,155ft from the nearest single family home’s building setback line.  (7 times the tower’s height.)

·         However, if the tower is camouflaged to match existing surroundings, that distance can be reduced by ½, or to 577.5ft.

·         Additionally, this tower must be separated from any other tower by 2,500ft.  However, if the developer has two or more communication antennas (i.e.: more than one mobile phone company using the tower) on the permit and erected prior to certificate of completion, then this distance can be reduced by 500ft to 2,000ft.  We believe the next nearest tower to be in the area of Ferncreek and Michigan.

·         Assuming the developer can satisfy all of the above criteria, the Board of Zoning Adjustment (BZA) will consider recommending the granting of a variance to the church’s zoning ordinances to allow the tower based on the “aesthetic impact and compatibility” of the tower.  (See section (n), subsection (7) of the code referenced above.)  The BZA recommends either the granting or denying of a variance, which the Board of County Commissioners then either accepts or rejects.