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190-foot cell tower irks neighbors

The County Commission votes for negotiations over the tower's future.

By JOSH ZIMMER
Published March 11, 2005

FISHHAWK - No one disputes that the developer of FishHawk and the owner of a controversial cell tower did everything by the book.

Hillsborough County officials say Tech Tower Properties of Valrico submitted the right applications. FishHawk Communities Ltd. Partnership issued the right notifications.

But many residents in the Ibis Park community complain that no one told them about the 190-foot tower. The tower, built next to a new elementary school, quickly became a cause celebre for homeowners who say the metal structure spoils the woodsy atmosphere that FishHawk Communities promised in its own marketing brochures.

Their cause got a boost Tuesday from county commissioners. Voting unanimously, the board asked Tech Tower and FishHawk Communities to negotiate the tower's future with residents and county planners.

"The citizens got a raw deal," Commissioner Ronda Storms said as about 30 Ibis Park residents listened at County Center. "Letter of the law, everything was met. The question was . . . did we do right by the citizens?"

The process was sure to leave residents in the dark.

Few people lived in Ibis Park two years ago when FishHawk Communities mailed out public hearing notices on the tower. Most of the mailings went to builders - and the developer - because applicants have to notify only landowners listed with the county property appraiser. People closing on homes or considering moving into Ibis Park didn't hear about it.

Resident Mary Helenius said the tower stands out like a sore thumb.

"If we would have known about the tower we would have voiced our opposition," Helenius said.

The controversy underscores problems with the existing cell tower rules, though county planners said they cannot guarantee homeowners will ever know a proposal is on the table. The Department of Planning and Growth Management will address some of the issues during this year's round of changes to the land development code, director Bruce McClendon said.

Opponents such as Matt and Denise Murphy, who moved in several months before the tower went up in mid 2004, said they liked the commission's vote. But they face a number of obstacles to relocating the tower.

The tower plugged a nagging hole in the area's cell phone coverage, Tech Tower owner Todd Schlemmer said. Major users - Verizon, Nextel and T-Mobile - quickly signed long-term leases to use it. That means removing the tower would involve more than dismantling the structure, he said.

Cell phone companies might need two other towers to provide equal service, he said. They also might demand compensation for the costs involved. And whether or not Tech Tower finds a satisfactory site nearby, the company still would have to buy land and pay for permitting, he said.

"We're talking significant dollars, not just a few hundred thousand," Schlemmer said. "I would say the cost could exceed $1-million. At this point I do not believe they are ours to bear."

Although camouflaging the tower is a possibility, he said, "It's going to be hard to disguise anything 190 feet tall."

McClendon said proposed rule changes would clarify where companies want to install cell towers by showing the locations on site plans.

But there are limits to what the county can do for future homeowners, zoning administrator Paula Harvey said. Unless people start reading their community site plans and scanning newspapers and roadsides for meeting notices, their only other source for information is real estate agents and developers, whose goal is to sell houses.

Josh Zimmer can be reached at 269-5314 or zimmer@sptimes.com

[Last modified March 12, 2005, 01:10:45]