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7. B.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional Use request to allow for a telecommunication tower greater than 150 feet in height in the Rural Residential (RR) zoning district.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.3(c)(3)e.
(c) Conditional Use
e. Public utility structures greater than 150 feet in height, and telecommunications towers of any height, excluding any industrial uses.
CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4,
Section 4-7.12 Telecommunications towers.
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| CRITERION (a) |
General compatibility. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area.
FINDINGS-OF-FACT
The proposed tower, as described in the application documents, will be 265' in height. The structure will be located in a 0.90 (+/-) acres section of a 12.61 (+/-) acre parent parcel and will be accessed via Molino Road. There are several residential structures that will be located within the 500' distance of the proposed structure. Most properties within the 500' buffer of the property are used as single-family residences or agricultural land. One single family dwelling is located on the parcel and is located less than 500' feet from the tower. It appears that the use could be compatible with adjacent uses and operate in a manner that would not impact properties in the immediate area. |
| CRITERION (b) |
Facilities and services. Public facilities and services, especially those with adopted levels of service, will be available, will provide adequate capacity to serve the proposed use consistent with capacity requirements.
FINDINGS-OF-FACT
Public facilities and services were not addressed by the applicant. The availability of facilities and services will be evaluated during the site plan review process. |
| CRITERION (c) |
On-site circulation. Ingress to and egress from the site and its structures will be sufficient, particularly regarding vehicle and pedestrian safety and convenience, efficient traffic flow and control, on-site parking and loading, and emergency vehicle access.
FINDINGS-OF-FACT
According to the application, ingress to and egress from the site is proposed via connection to Molino Road. Further compliance with on-site circulation will be evaluated during the site plan review process. |
| CRITERION (d) |
Nuisances and hazards. The scale, intensity, and operation of the use will not generate unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference, or other nuisances or hazards for adjoining properties and other properties in the immediate area.
FINDINGS-OF-FACT
The applicant has provided documentation for the FCC application, coverage maps for the tower, and collocation information. Also, letters stating no objection to the tower from the FCC, FAA, FDOT and Escambia County Emergency Management have been submitted with the application. There appears to be no nuisances and hazards for adjoining properties in the immediate area. |
| CRITERION (e) |
Solid waste. All on site solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts.
FINDINGS-OF-FACT
The applicant states that no solid waste will be associated with this site.
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| CRITERION (f) |
Screening and buffering. Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.
FINDINGS OF FACT
The applicant states that screening and buffering will be provided as needed. Compliance with the LDC screening and buffering requirements will be evaluated during the site plan review process. |
| CRITERION (g) |
Signs and lighting. All exterior signs and lights, whether attached or freestanding, will be compatible with adjoining properties and other properties in the immediate area, especially regarding glare and traffic safety.
FINDINGS OF FACT
The applicant states that all signs and lighting will be compatible with adjoining properties in the immediate area. Signs and lighting compatibility will be evaluated further during the site plan review process. |
| CRITERION (h) |
Site characteristics. The size, shape, location and topography of the site appear adequate to accommodate the proposed use, including setbacks, intensity, bulk, height, open space and aesthetic considerations.
FINDINGS OF FACT
The proposed development site appears to accommodate the proposed use. If the Conditional Use is approved, a formal project submittal thru the site plan review process must be made. All of the LDC standards and requirements will apply.
This parcel cannot be verified as an existing lot of record as the parent parcel has been split several times in the past. The parcel does not meet the minimum lot width requirement (100 feet) of the RR zoning district. It appears that the parcel is only 60' feet in width.
Lot of record. A lot that is part of a subdivision that has been recorded in the official records of Escambia County, or a lot or parcel described by metes and bounds, and the description of which has been so recorded or accepted on or before February 8, 1996. A lot of record does not include contiguous multiple lots under single ownership.
Sec. 3-2.3 Rural Residential district (RR).
(d) Site and building requirements. The following site and building requirements apply to uses within the RR district:
(5) Lot width. A minimum lot width of 40 feet at the street right-of-way for cul-de-sac lots and 100 feet at the street right-of-way for all other lots. |
| CRITERION (i) |
Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use, or other provisions of the LDC.
FINDINGS OF FACT
Application requirements. Application for LDC compliance review of proposed telecommunication towers shall include the following completed documents for use in evaluating compliance, but applications for conditional use approval need not include the geotechnical report or environmental compliance checklist.
a. A geotechnical exploration report. Applicant states this will be provided during the site plan review process.
b. An FCC/NEPA environmental compliance checklist. Applicant states this will be provided during the site plan review process.
c. Letters indicating no objection to the tower from the Federal Communications Commission, Federal Aviation Administration, Florida Department of Transportation, and Escambia County Emergency Management.
Federal Communications Commission-Received and provided as part of the
application.
Federal Aviation Administration- Received and provided as part of the application.
Florida Department of Transportation-Received provided as part of the application.
Escambia County Emergency Management-Received and provided as part of the application.
d. Coverage maps for this tower-Received and provided as part of the application
e. Collocation information-Received and part of the application.
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| STAFF FINDINGS |
| Staff finds that the applicant has addressed all of the Conditional Use criteria for a telecommunications tower, as described in the LDC; however, the parcel does not meet the lot width requirements of the RR zoning district and cannot be confirmed as a lot of record. If approved, the applicant must submit a formal application for the project to the Development Review Committee and receive a Development Order prior to any site disturbance. |
| BOA DECISION |
| The Board granted the Applicant's request to continue the case to the April 17, 2019, BOA Meeting. |