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6. E.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional Use request to install a new telecommunication tower at the proposed height of 315' and associated ground equipment in the Agricultural (AGR) zoning district.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended),
Section:3-2.2
(c) Conditional Use
e. Public utility structures greater than 150 feet in height, including telecommunications towers, but excluding any industrial uses.
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)
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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.
If this is for the sale of alcohol within a 1000 ft of a place of worship or child care facility; please explain 1- 5 below:
1.The existing times of use of the places of worship or child care facilities coincide with the hours of operation of the subject business.
2.The 1000-foot minimum distance is not achieved.
3.The conflicting uses are visible to each other.
4. Any on-premises consumption is outdoors.
5. Any conditions or circumstances mitigate any incompatibility.
FINDINGS-OF-FACT
The proposed tower, as described in the application documents, will be 315' in height. The structure will be located in a 0.30 (+/-) acres section of a 20.00 (+/-) acre parent parcel and will be accessed via Highway 97. There are residential structures 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. The proposed structure could be compatible with adjacent uses and operate in a manner that would not impact properties in the immediate area.
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| 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 Highway 97. Further compliance with on-site circulation and emergency vehicle access 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 Federal Communications Commission, Federal Aviation Administration, Florida Department of Transportation and Escambia County Emergency Management have been submitted with the application.
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| 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. Solid waste requirements will be evaluated during the Site Plan Review process.
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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.
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| 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 Federal Aviation Administration requirements and adjoining properties in the immediate area. Signs and lighting compatibility will be evaluated further during the Site Plan Review process.
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| 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 submitted survey showing the proposed location, the structure, size, shape, location and topography site could accomodate the proposed use. This parcel can be verified as the first split of lot of record and, it also meets the minimum lot width requirement (100 feet) of the AGR zoning district. 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.
Sec. 3-2.2 Agricultural district (Agr).
(d) Site and building requirements. The following site and building requirements apply to uses within the Agricultural district:
(5) Lot width. A minimum lot width of 100 feet at the street right-of-way for all lots.
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| 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.
b. An FCC/NEPA environmental compliance checklist.
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 recommends approval of the Conditional Use as the applicant has addressed all Conditional Use criteria for a telecommunications tower, as described in the LDC. 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.
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| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board agreed with Staff's Findings and approved the Conditional Use. |
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