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    6. A.    
Board of Adjustment
Meeting Date: 05/28/2020  
CASE:    CU-2020-03
APPLICANT: Baker Donelson Law Firm, Agent for Central Water Works, Inc, Owner
ADDRESS: 1100 BLK BYRNEVILLE RD
PROPERTY REFERENCE NO.: 15-5N-31-1300-000-003  
ZONING DISTRICT: Agricultural district (Agr)  
FUTURE LAND USE: Agriculture (AG)  
OVERLAY DISTRICT: NA

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
Conditional Use to allow for a commercial telecommunications tower greater than 150 feet in height.
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:Sec. 2-6.4 Conditional uses and Sec. 4-7.12 Telecommunications towers

CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Sec. 4-7.12 Telecommunications towers.
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 use as a telecommunication tower can be compatible with surrounding uses and properties. All surrounding properties are zoned Agricultural with some residential uses nearby. Central Water Works a water utility provider, operates a facility adjacent to the site. The applicant's lease area is proposed to be located at the northwestern corner of the property. 
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 proposed use and the applicants documentation, only electrical and telephone utility services will be required to operate the facility.  
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 applicant's documents this will be an unmanned facility, only occasionally serviced by their maintenance personnel. The structure will not be available for the general public and is proposed to be fully fenced-in. 
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

Based on the applicant's documents, there will be no nuisances or hazards associated with the proposed use; 
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 documents, there will be no solid waste produce at this facility. 
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:
The application has a proposed site layout that shows buffering and screening; if the Conditional Use is approved, all of the Land Development requirements for screening and buffering will be reviewed and approved 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:
All proposed signs and lighting will be reviewed during the Site Plan Review process for compatibility with the Land Development Code regulations and existing surrounding uses . Based on the proposed use, the applicant did provide a copy of a determination of no-hazard to air navigation which addresses their FAA requirements for this type of structures. 
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:
Based on the proposed use, the size, shape, location and topography of the site appears adequate to accommodate the proposed use. All site characteristics will be reviewed more in-depth during the Site plan Review process.  
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:
Sec. 4-7.12 Telecommunications towers in the Land Development Code specifically addresses additional conditions and standards for the proposed use. 
The applicant did provide a statement addressing collocation and siting alternatives; based on their needs there are no other suitable antennas available near by. 
Initial review of the proposed area show no environmental conditions that will prevent the proposed use. Based on historical data this site has been previously disturbed. Any potential impacts on environmental sensitive lands will be reviewed in more detail during the Site Plan Review process. 
The local lighting requirements will be addressed during the Site Plan Review process. The applicant provided documentation that shows they have contacted FAA and the FCC for their requirements separately.
The applicant did provide technical documents that reflect the design compliance with the latest revision of the electronic industry standards. Further review will occur during the Site Plan Review process.
 
STAFF FINDINGS
Staff find that the applicant has submitted documentation that supports the granting of the Conditional Use as requested, pending approval and receipt of a Development Order thru the Site Plan Review process.
BOA DECISION
The Board agreed with Staff's Findings and approved the Conditional Use.
Attachments
Working Case File

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