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    6. 1.    
Board of Adjustment
Meeting Date: 08/19/2015  
CASE:    CU-2015-07
APPLICANT: Mark Lydon, Agent for Roberston Brazwell, LLC
ADDRESS: 2755 Fenwick Road
PROPERTY REFERENCE NO.: 42-1S-30-3001-001-003  
ZONING DISTRICT: Heavy Commercial and Light Industrial District (HC/LI-NA)  
FUTURE LAND USE: Mixed-Use Urban (MU-U)  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
The Applicant is seeking Conditional Use approval to construct a 150 foot monopole telecommunications tower within 500 feet of a residential use. 
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:4-7.12.a.3

3. In districts where commercial communications towers are allowed, all such towers that will exceed 150 feet in height and/or are located within 500 feet of a residential use require conditional use approval by the BOA.


CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 4-7.12 
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 telecommunication tower will be located in the middle of a commercial parking and storage area.  The surrounding use to the south is Roads Inc. of North West Florida borrow pit and staging area, to the west a power easement and residences.  To the east are single-family dwellings along with vacant lots.  To the north is a Utility Electric Sub station.  
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

The telecommunication tower will not have an effect on any level of services or public facilities. 
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

The property in question has direct access connected to Fenwick Road.
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

Staff does not find any anticipated 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

Solid waste service will not be necessary for this use.
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 proposed use must meet any screening and buffering requirements imposed 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:

Any signage and lighting associated with the proposed use must meet the requirements of the Land Development Code.
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 use will be compatible with the surrounding high residential mixed use zoning area. The residential zoning within 500 feet is to the North, South, East and West with Fenwick road separating the use to the North.
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:

The proposed use must meet all of the requirements of the LDC Sec. 4-7.12 and any other standards imposed through the Site Plan Review process. The applicant has provided compliance with FCC, FAA, and County Emergency Management Services requirements, coverage maps for this tower and collocation information, as required for Conditional Use approval.
 
STAFF FINDINGS
Staff finds that the proposed use can meet all of the required criteria and recommends approval of the Conditional Use with the following condition:

The project must meet all conditions imposed through the Site Plan Review process.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS:
Attachments
Working Case File CU-2015-07

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