To: Board of County Commissioners
Through: Ron Carl, County Attorney
Prepared By:
prepared
Robert Hill, Sr. Asst. County Attorney
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presenter
Presenter: Robert Hill, Sr. Asst. County Attorney
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Subject:
title
Final Decision on Appeal of Case No. CMRS21-001
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Purpose and Request:
recommended action
The Board is requested to adopt and approve a Resolution deciding the appeal of the Planning Division Manager’s conditional approval of the Lakeview Park cell tower/CMRS application. The resolution was drafted based on direction provided following the appeal hearing on June 11, 2024, that the approval was not supported by the administrative record and continued for staff to prepare a final resolution for adoption based on such direction. The draft resolution reverses the Planning Division Manager’s decision and denies approval of the application.
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Background and Discussion: On March 25, 2024, the Planning Division Manager of the Public Works and Development Department conditionally approved Case No. CMRS21-001, an application for a concealed freestanding cell tower to replace an existing concealed freestanding tower located in Lakeview Park. Certain residents appealed that decision in accordance with provision for appeal to the Board of County Commissioners in the Land Development Code of such CMRS application decisions. The Board determined to hear the appeal and a hearing was scheduled for June 11, 2024.
Following such hearing the Board moved to continue the matter for adoption of a resolution making the Board’s decision on the appeal and provided direction to the County Attorney’s Office that the record did not support the approval decision and intending to reverse decision and deny the permit.
The direction provided following the hearing was based on the Board’s finding that the Planning Division Manager’s decision was not supported by the administrative record in the Case and is not in compliance with the requirements for approval because the application failed to demonstrate architectural compatibility with the surrounding area (3-3.8.A.4.b.ii of the Land Development Code) and failed to establish that there are no feasible existing structures on which to locate (3-3.8.A.4.b.ii of the Land Development Code). The Board then continued the matter to June 25, 2024, for adoption of a final resolution reflecting this direction.
Fiscal Impact: There is no fiscal impact.
Alternatives: The Board may review the draft Resolution and direct staff to make further changes or finding in same, including changing the direction. The board may further continue the matter for additional deliberation and amended direction at such continued hearing, or the Board may adopt the draft Resolution as presented with direction from the June 11, 2024, hearing.
Alignment with Strategic Plan:
☐Be fiscally sustainable
☐Provide essential and mandated service
☒Be community focused
Staff Recommendation: Staff has no recommendations relative to the direction reflected in the draft Resolution attached or changes thereto, if any.
Concurrence: Not applicable
Suggestion Motion(s): Attached.
Resolution: Attached.