June 5, 2007 BCC Called Public Hearing on BZA #SE , April 5, 2007 APPLICANT: Genesis Communications, Inc.

CASE:BZA # SE APPLICANT:Genesis Communications, Inc. REQUEST:Special Exception for radio station guyed towers, Variances as to tower-to-tower & tower-to-residential separation requirements, and Special Exception for single use towers in lieu of co-location ZONING:R-3 TRACT SIZE:1.7 acres LOCATION:West side Dumont Street, 350 ft. north of Lancaster Rd. DISTRICT:#4 CASE:BZA # SE APPLICANT:Genesis Communications, Inc. REQUEST:Special Exception for radio station guyed towers, Variances as to tower-to-tower & tower-to-residential separation requirements, and Special Exception for single use towers in lieu of co-location ZONING:R-3 TRACT SIZE:1.7 acres LOCATION:West side Dumont Street, 350 ft. north of Lancaster Rd. DISTRICT:#4BACKGROUNDBACKGROUND

HISTORY/CODE SUMMARY 1)Original BZA approval for Radio Station WDZY was for one guyed tower and equipment building granted 8/5/76, prior to Communication Tower Ordinance. 2)Communication Tower Ordinance (amended from 1995) approved by BCC 6/17/97: Expanded separation requirements between towers and residential sites, and, between other towers. Requires special exception approval by BZA for guyed towers in most zoning districts. 3)Site purchased by WAMT Radio, who is proposing expanded coverage. Expansion requires tower twice the existing height, or, build second tower. Adding second tower preferred over replacement with significantly taller tower. Existing tower will be relocated and rebuilt on- site to accomplish project. 4)Tower Code provisions must apply primarily due to the addition of the second tower.

SPECIFIC REQUESTS 1)Special Exception: Construct 2 new guyed towers, each 190 ft. in height (note: 1 proposed tower replaces existing tower) 2)Special Exception: Allow single use in lieu of co-location 3)Variance from Tower-to-Residential Separation Requirements: Allow towers within 1,330 ft. of residential dwellings/properties surrounding subject property 4)Variance from Tower-to-Tower Separation Requirements: a) 1,860 ft. in lieu of 5,000 ft. from lattice tower on Fairlane Avenue b) 2,240 ft. in lieu of 3,500 ft. from monopole tower on E. Lancaster Road

ZONING MAP

AERIAL

AERIAL

SITE PLAN

Guyed Tower Diagram/Elevation Plan

Tower-to-Residential Note: Numbers in yellow depict closest residential properties to proposed towers

Tower-to-Tower Separation Note: “A” and “B” depict off-site towers within separation requirement

SITE PHOTOGRAPH: Road-side frontage – Dumont St.

SITE PHOTOGRAPH: Close up: Ground tower view and equipment building

PHOTOGRAPH: View of existing tower (in background) within neighborhood

BZA FINDINGS 1)Concerns expressed by residents at previously-held public information meeting about decline in property’s roadside appearance addressed by applicant: routine maintenance and installation of landscaping required per conditions of approval. 2)No opposition present at BZA public hearing. 3) BZA determined property already visually-impacted by existing tower for over 30 years, and therefore, the addition of a second same type “thin” (guyed) tower would not create an additional impact. 4) Applicant pursuing co-location efforts with other radio station and cell phone companies. Agreed to 2-year time frame to co- locate, given industry need and technical adjustments necessary to accommodate cell phone carriers.

BZA RECOMMENDATION Approved Special Exceptions in that the BZA found they met the requirements governing Special Exceptions as spelled out in Orange County Code, Section 38-78, and that the granting of the Special Exceptions do not adversely affect general public interest; And Approved the Variances in that the BZA found that the requirements of Section have been met; Subject to the following seven (7) conditions (unanimous)

BZA CONDITIONS (7) 1.Development per 2/12/07 site plan and all other applicable governmental rules and regulations. Any deviations, changes, or modifications to the plan are subject to the Zoning Manager’s approval, who may require the changes be reviewed by the BZA for administrative approval or to determine if the applicant’s changes require another BZA public hearing. 2.Apply for commercial permitting within 3 years from date of Special Exception approval or said approval is null and void. (continued)

BZA CONDITIONS 3.Per 2/1/07 Landscape Plan. Install irrigation system to ensure growth and vitality of the plantings. The site shall be mowed and maintained to ensure aesthetic quality in the community. 4.Security fencing shall be maintained at all times. Install a commercial security system on-site prior to receiving final inspection on the building permit. 5.Remove existing tower within 30 days after final inspection of new towers. (continued)

BZA CONDITIONS 6.No building permits for the towers will be issued unless and until a Conservation Area Impact Permit has been issued by Orange County. 7. Applicant shall obtain a secondary user within 24 months from the date of final inspection of the towers. Submit copy of executed lease agreement with secondary user to Zoning Division for verification purposes.

BZA-Approved Landscape Plan Along Road Frontage

BCC ACTION REQUESTED ACTION REQUESTED: Approve the request consistent with the Board of Zoning Adjustment’s recommendation with conditions.

UPDATEUPDATE This is a Board-called public hearing. A second public information meeting was held the evening of May 29, 2007, at the request of the district commissioner. At that meeting, two citizens attended, both of whom indicated they had no opposition to the request.

June 5, 2007 BCC CALLED PUBLIC HEARING on BZA #SE , April 5, 2007 APPLICANT: Genesis Communications, Inc.