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    6. B.    
Board of Adjustment
Meeting Date: 06/20/2018  
CASE:    CU-2018-07
APPLICANT: Baker Donelson Law Firm, Agent for Anne B. Peterson, Owner
ADDRESS: 321 Thompson Road
PROPERTY REFERENCE NO.: 23-5N-31-3101-000-000  
ZONING DISTRICT: Agr, Agricultural district  
FUTURE LAND USE: AG, Agriculture  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
Conditional Use request to allow for a telecommunication tower greater than 150 feet in height.
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.2(c)(3)e.

CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
Sale of Alcohol, Section 4-7.5(e)
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 300' in height with a final height of 320' with appurtenances. The structure will be located in a 0.2296 (+/-) acres section of a 39.4 (+/-) acre parent parcel and will be accessed via Thompson Road, as described in the survey and legal descriptions provided with the application. The parcel is located in the Northeast section of the County and Southwest from the Town of Century boundary. There are residential structures that will be located within the 500' distance of the proposed structure. Most properties within the 500' buffer are used as single-family residences or agricultural land. 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

Based on the application, the facility will only require power and telephone service. If approved, the project will have to do a formal submittal and receive a Development Order from the Development Review Committee (DRC). The applicant will have to address all applicable standards under the LDC.  
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

Based on the application description, an access easement will be provided from Thompson Road, for maintenance personnel only. Ingress, egress, on-site parking and emergency vehicle access standards from the LDC and Fire Code will be reviewed and implemented 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, Tower Site Evaluation form; a letter from Escambia County Public Safety with no objection to the proposal; an FAA determination of no hazard to air navigation; a geotechnical investigation from Environmental Corporation of America, addressing proposed site environmental compliance; and the United States Navy Liaison for Escambia County provided an electronic review, with no comments to the current proposal. If the proposed structure is near to or exceeds 350 feet, the United States Navy's Liaison at NAS Pensacola has requested further review documentation and discussion with the applicant.  
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
Based on the application, no solid waste will be produced or stored on-site.
CRITERION (f)
Screening and bufferingWhere not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.

FINDINGS OF FACT:
Although the applicant stated that no additional screening is provided, screening and buffering requirements will be addressed during the Site Plan Review process. 
CRITERION (g)
Signs and lightingAll 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 is aware of the FAA-FCC requirements for lighting. All signs and lights proposed on-site will be reviewed for compliance 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. 
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. Submitted by the applicant, produced by Environmental Corporation of America
b. An FCC/NEPA environmental compliance checklist. Submitted by the applicant, produced by Environmental Corporation of America
c. Letters indicating no objection to the tower from:
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 electronic communication and is part of the file.
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.
STAFF FINDINGS
Staff finds that the applicant has addressed all of the Conditional Use criteria for a telecommunications tower, as described in the LDC; therefore, staff recommends approval of the Conditional Use, as requested. 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
BOARD OF ADJUSTMENT FINDINGS

The Board adopted Staff's findings and approved the Conditional Use request.
Attachments
Working Case File

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