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    6. 1.    
Board of Adjustment
Meeting Date: 01/20/2016  
CASE:    CU-2015-03
APPLICANT: Dave Hoxeng, Agent for ADX Communications of Escambia, LLC
ADDRESS: 7251 Plantation Rd.
PROPERTY REFERENCE NO.: 30-1S-30-4101-006-002  
ZONING DISTRICT: C-2, General Commercial and Light Manufacturing District  
FUTURE LAND USE: C, Commercial  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:

The Applicant is seeking Conditional Use approval to construct a 199 foot commercial communication tower within 500 feet of a residential zoning district.

RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:7.18.D

D. Setback from residential zoning. No commercial communication tower shall be located closer than the height of the tower to a residential zoning district line. In addition, all commercial communication towers which exceed 150 feet in height (in districts where commercial communications towers are allowed), and/or are located within 500 feet of a residential area, are considered conditional uses and shall be reviewed by the board of adjustment pursuant to sections 2.05.03 and 7.18.00.

CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2.05.03 
CRITERION (a)
On-site circulation. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, on-site parking and loading, and access in case of fire or catastrophe.

FINDINGS-OF-FACT

The property in question has ample parking for the land use and is accessed by driveways connecting to Plantation Rd.
CRITERION (b)
Nuisance. Adverse impact such as noise, glare, smoke, odor or other harmful effects (electrical interference, hazardous materials, etc.) of the conditional use on adjoining properties and properties generally in the District.

FINDINGS-OF-FACT

Staff does not find any anticipated nuisances associated with the proposed use.
CRITERION (c)
Solid Waste. Refuse and service areas with particular reference to concurrency requirements and items (1) and (2) above.

FINDINGS-OF-FACT

Solid waste service will not be necessary for this use.
CRITERION (d)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses.

FINDINGS-OF-FACT

Any necessary utilities will be provided by the Applicant.
CRITERION (e)
Buffers. The buffer may be a landscaped natural barrier, a natural barrier or a landscaped or natural barrier supplemented with fencing or other man-made barriers, so long as the function of the buffer and the intent of Policy FLU 1.1.9 of the Comprehensive Plan and the provisions of Section 7.01.06 of the Land Development Code are fulfilled.

FINDINGS-OF-FACT

The proposed use must meet any buffering requirements imposed during the site plan review process.
CRITERION (f)
Signs. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the District.

FINDINGS-OF-FACT

Any signage associated with the proposed use must meet the requirements of the Land Development Code.
CRITERION (g)
Environment impact. Impacts to protected trees, wetlands, water bodies, stormwater management or other natural features of the subject parcel.

FINDINGS-OF-FACT

The proposed use must comply with any environmental standards imposed during the site plan review process.
CRITERION (h)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area.

FINDINGS-OF-FACT

The proposed use will be compatible with the surrounding heavy commercial zoning. The residential zoning within 500 feet is to the north across Interstate 10. Any impacts on that residential zoned area will be minimized by distance and the existing Interstate right-of-way.
CRITERION (i)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code.

FINDINGS-OF-FACT

The proposed use must meet all of the requirements of LDC 7.18.00 and any other standards imposed through the site plan review process. The Applicant has provided compliance with FCC, FAA, and County Emergency Management Service 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
The Board accepted Staff Findings and approved the Conditional Use as requested.
Attachments
Remanded Working Case File CU-2015-03

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