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6. B.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional use to allow automobile sales, used autos only.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.10.c.2.b
b. Automobile sales, used autos only, excluding parcels fronting on any of the following streets: Sorrento Road/Gulf Beach Highway/Barrancas Avenue (SR 292); Blue Angel Parkway (SR 173); Pine Forest Road, south from Interstate 10 to State Road 173; Navy Boulevard (SR 295 and US 98); and Scenic Highway (SR 10A and US 90). Additionally, the parcel shall be no larger than one acre and provided with a permanent fence, wall, or other structural barrier of sufficient height and mass along all road frontage to prevent encroachment into the right-of way other that through approved site access.
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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.
FINDINGS-OF-FACT
The proposed use would have to be reviewed and approved through the Site Plan Review Process. During that process the applicant would have to address the Location criteria and submit a Documented Compatibility study to be approved by the Planning & Zoning Director to receive an Development Order.
(e) Location criteria. All new non-residential uses proposed within the Commercial district that are not part of a planned unit development or not identified as exempt by the district shall be on parcels that satisfy at least one of the following location criteria:
(1) Proximity to intersection. Along an arterial or collector street and within one- quarter mile of its intersection with an arterial street.
(2) Proximity to traffic generator. Along an arterial or collector street and within a one-quarter mile radius of an individual traffic generator of more than 600 daily trips, such as an apartment
complex, military base, college campus, hospital, shopping mall or similar generator.
(3) Infill development. Along an arterial or collector street, in an area where already established non-residential uses are otherwise consistent with the Commercial district, and where the new use would constitute infill development of similar intensity as the conforming development on surrounding parcels. Additionally, the location would promote compact development and not contribute to or promote strip commercial development.
(4) Site design. Along an arterial or collector street, no more than one-half mile from its intersection with an arterial or collector street, not abutting a single-family residential zoning district (RR, LDR or MDR), and all of the following site design conditions:
a. Any Intrusion into a recorded subdivision is limited to a corner lot.
b. A system of service roads or shared access is provided to the maximum extent made feasible by lot area, shape, ownership patterns, and site and street characteristics.
c. Adverse impacts to any adjoining residential uses are minimized by placing the more intensive elements of the use, such as solid waste dumpsters and truck loading/unloading areas, furthest from the residential uses.
(5) Documented compatibility. A compatibility analysis prepared by the applicant provides competent substantial evidence of unique circumstances regarding the potential uses of parcel that were not anticipated by the alternative criteria, and the proposed use, or rezoning as applicable, will be able to achieve long-term compatibility with existing and potential uses. Additionally, the following conditions exist:
a. The parcel has not been rezoned by the landowner from the mixed-use, commercial, or industrial zoning assigned by the county.
b. If the parcel is within a county redevelopment district, the use will be consistent with the district’s adopted redevelopment plan, as reviewed and recommended by the Community Redevelopment Agency (CRA). |
| 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 project has not submitted for development review with the county at this time. The Applicant states that water, electric and septic tank facilities are presently used on site. All the following facilities and services would still need to be reviewed and approved through 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
It appears there are two driveways to the site along North Old Corry Field Road. A site plan was has not been submitted or reviewed by the county for ingress and egress access at this time. There are no measurements at this time particularly regarding vehicle and pedestrian safety and convenience efficient traffic flow and control, on-site parking and loading, and emergency vehicle access. The used car sale site must submit for a Site Plan Review and receive an approved Development Order. |
| 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 site is not surrounded by similar uses or intensity of the proposed use. No nuisances and hazards appear to effect the surrounding uses at this time. The avoidance of nuisances and hazards to the adjacent properties and properties in the immediate area will be evaluated during the Site Plan Review process. |
| 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 there will be a dumpster container located on the north side entranceway. This will be further 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 project will need to be approved through the Site Plan Review Process and meet the following Brownsville Overlay standards.
(e) Site and building requirements. The following site and building requirements apply only to non-residential uses within the Brn-OL district:
(1) Structure height. No structure height shall exceed 45 feet above highest adjacent grade. Any lower height required by use or underlying zoning district shall govern.
(2) Materials and detailing. New structures, additions, and renovations shall use materials and detailing that maintain the distinct character and harmony of the redevelopment district. Vinyl or metal siding is prohibited on the primary facades of buildings adjacent to public rights-of-way. Accessory structures shall use the same or similar materials, color, and style of the primary structure’s façade if visible from a public way.
(3) Setbacks. New construction along Mobile Highway or Cervantes Street shall be set back a distance similar to that of adjacent buildings unless customer parking is provided adjacent to the street in support of CPTED principles. Exceptions may be granted if the setback is pedestrian oriented and contributes to the quality and character of the streetscape.
(4) Facades.
a. Front facades. Front building facades more than 80 feet in width shall be divided into increments by changes in materials, bay windows, wall offsets, or similar methods.
b. Rear façade. A minimum of 15 feet of a building’s rear façade facing a public right of way, parking area, or open space shall consist of transparent materials, not including reflective glass.
(5) Natural features. Natural features shall be protected and integrated into site design and development where possible.
(6) Signs. Site signage is limited to one freestanding monument sign per development parcel, scaled primarily for pedestrians, and not to exceed 100 square feet in area and 12 feet in height, except for multi-tenant development where the sign may be up to 300 square feet. Sign colors, materials, and lighting shall avoid adverse visual impacts on surrounding properties. Wall signs shall not obstruct design details, windows, or cornices of the buildings to which they are attached.
(7) Lighting. Lighting should serve to illuminate facades, entrances, and signage to provide an adequate level of personal safety while enhancing the aesthetic appeal of the buildings. Building and signage lighting must be indirect, with the light source hidden from direct pedestrian and motorist view.
(8) Parking. Off-street parking shall be located in the rear. If the lot orientation cannot accommodate adequate rear parking, parking may be located on the side.
(9) Buffers and screening of outdoor storage. All outside storage shall be screened from public view. The screening shall use the same materials, color, and style as the primary building for architectural compatibility with the primary building. If the outside storage area is separate from the building it serves the following shall apply:
a. Type. Only fences constructed of legitimate fencing materials (may or may not be opaque) or masonry, concrete or stucco walls may supplement buffers. Specifically, garage doors and sheets of roofing material do not qualify for fencing or wall materials.
b. Screening of outdoor storage. Opaque fencing shall mean chain link fence with slats, privacy wooden fence, or privacy PVC/vinyl fence. A six-foot concrete or stucco wall may also be used to screen outdoor storage. |
| 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 site will have to adhere to the following CRA Brownsville requirements and any other particulars in the Land Development Code.
(6) Signs. Site signage is limited to one freestanding monument sign per development parcel, scaled primarily for pedestrians, and not to exceed 100 square feet in area and 12 feet in height, except for multi-tenant development where the sign may be up to 300 square feet. Sign colors, materials, and lighting shall avoid adverse visual impacts on surrounding properties. Wall signs shall not obstruct design details, windows, or cornices of the buildings to which they are attached.
(7) Lighting. Lighting should serve to illuminate facades, entrances, and signage to provide an adequate level of personal safety while enhancing the aesthetic appeal of the buildings. Building and signage lighting must be indirect, with the light source hidden from direct pedestrian and motorist view. |
| 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 applicants request and the historic use of the site, it appears that the site characteristics would not accommodate the proposed use due to the location of the site not meeting the locational criteria and the surrounding uses in the area are not as the same intensity of a used car lot. The site characteristics will need to be further evaluated during the Site Plan Review Process. |
| 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
Sec. 3-3.4 Brownsville Overlay (Brn-OL).
(a) Purpose. The Brownsville Overlay (Brn-OL) district establishes supplemental land use regulations to support the objectives of the adopted Brownsville area community redevelopment plan. The intent of the additional land use controls is to enhance the character of an area undergoing revitalization, support existing commercial corridors, and protect the unique and historic character of the Brownsville community.
(b) Permitted uses. Within the Brn-OL district, for any mix of permitted residential and non-residential uses within the same building, the non-residential uses shall occupy the first or bottom floors and the residential uses shall occupy the second or upper floors.
(c) Conditional uses. The Brn-OL district does not modify the conditional uses of any derlying zoning districts except for those uses prohibited by the overlay. |
| STAFF FINDINGS |
| Staff finds that the proposed use for this parcel does not meet all LDC requirements of the code due to the Locational Criteria and because a Pre-Application has not been submitted to the County for review. A compatibility analysis was not submitted. The applicant stated that the site was previously used for the sale of used automobiles. The county researched the site, to only find in 2014 showing cars on the property when using Google maps for every year back to 2012 for aerial photos. As well, the county has no permits for a used car lot on this site. A Pre-application meeting for a Site Plan Review, project number PSP141100108, was submitted to the county for a used car lot on November 20, 2014, with comments issued to the applicant on November 26, 2014. The applicant never submitted a former application within 12 months of the Pre-application so the project expired and received no permit with the county. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board continued the case until the applicant could have a DRC Pre-application meeting. |
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