Hearing officer indicates tower rejection

PALM-AIRE — Palm-Aire residents who oppose the construction of a 150-foot telecommunications tower in their community can breathe a sigh of relief — at least temporarily.

After two public hearings and reviewing hundreds of pages of documentation, Manatee County Hearing Officer Hamilton “Chip” Rice, Jr., is ready to deny a special permit request by Vertex Development to construct a 150-foot tower at 5625 Whitfield Ave.

Rice submitted his formal notice of intent to deny the tower Jan. 12 — the same day as the second public hearing on the application.

“The applicant has not met its burden of proof by competent evidence and is not entitled to a special permit,” Rice wrote in his opinion.

Parties of record were notified of his decision Jan. 19 and had five business days to respond.

Vertex Development had not filed any additional comments by press time Tuesday.

“We’re obviously thrilled with the hearing officer’s order,” said Deborah Chapman, founder and spokesperson for Palm-Aire Homeowners Against the Tower. “We believed all along the facts were on our side in terms of this particular application not meeting the new (county) code criteria for placement (of a cell tower) in the middle of our community.”

In his notice, Rice concluded that although the applicant had met present requirements of the Comprehensive Plan, the proposed use is inconsistent with the county’s Comprehensive Plan policies 2.9.1 and 2.9.2, which create and maintain strong communities, and require adequate measures that are consistent with the community character of the immediate neighborhood.

Chapman, who represents more than 1,000 Palm-Aire residents who signed a petition against the tower, said she is confident even if Vertex challenges Rice’s preliminary decision, the hearing officer still will issue a denial.

“I feel pretty confident that the hearing officer considered all the facts and the information provided, and I’m confident the code does in fact protect (residents) and Vertex’ application (doesn’t meet code requirements),” Chapman said. “I’m still very confident a denial will be issued.”

Vertex and other parties had until Tuesday to respond to the report and proposed conditions. Rice will have five more business days — until Feb. 1 — to either issue a denial or reopen public hearing for the application.

Contact Pam Eubanks at [email protected].