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    6. 2.    
Board of Adjustment
Meeting Date: 01/18/2017  
CASE:    CU-2017-01
APPLICANT: Smart Fill, LLC, Owner
ADDRESS: 310 E. Johnson Ave
PROPERTY REFERENCE NO.: 12-1S-30-6106-004-001  
ZONING DISTRICT: HDMU- High Density Mixed-Use  
FUTURE LAND USE: MU-U, Mixed-Use Urban  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
The Applicant is requesting Conditional Use approval to allow a convenience store with the sale of gasoline in a HDMU Zoning District.
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.9(c)(2)

CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
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 request for a convenience store with the sale of vehicle gasoline could be compatible with adjacent properties and other properties in the immediate area, although the area adjacent to and surrounding the subject parcel is currently residential use. There once was a convenience store with gasoline sales on this location. The parcel is along Johnson Avenue, which is a collector roadway.
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 level of services and adequate capacity to serve the existing use are available and will be addressed by the owner at the time of development review.
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

All access to the site from Johnson Avenue or the two side streets, traffic flow, adequate on-site parking and loading, and emergency vehicle access will be reviewed during the Development 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 request to allow the convenience store does not appear to create any unreasonable nuisance, noise, glare, dust, or other hazards for the adjoining properties or other properties in the immediate area.
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 is available and currently provided by ECUA.
CRITERION (f)
Screening and bufferingWhere not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.

FINDINGS OF FACT:

Screening and buffering requirements will be reviewed during the Site Plan Review process.
CRITERION (g)
Signs and lightingAll 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:

All proposed signage and lighting will be addressed during the Site Plan Review process to comply with Chapter 5, General Development Standards, Article 8 for signage and Article 9.3 for lighting.
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 use will be situated on the southern portion of the property, oriented along Johnson Avenue, an arterial roadway. Access will not traverse the residential neighborhood to the north of the subject property.
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 Conditional Use is consistent with all other relevant provisions of this Code.
STAFF FINDINGS
Staff recommends that the Board approve the proposed Conditional Use request 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
Working Case File CU-2017-01

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