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    6. A.    
Board of Adjustment
Meeting Date: 10/18/2017  
CASE:    CU-2017-10
APPLICANT: For Dogs of NW FLA, Inc. / Micheal W. Milner, Owner
ADDRESS: 2410 Langley Avenue
PROPERTY REFERENCE NO.: 10-1S-29-3101-027-001  
ZONING DISTRICT: HC/LI-NA, Heavy Commercial Light Industrial  
FUTURE LAND USE: MU-U, Mixed-Use Urban  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:

The applicant is seeking Conditional Use approval to allow kennels or animal shelters not interior to veterinary clinics in HC/LI-NA zoning.
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.11.c.6

(c) Conditional Uses.
(6) Kennels or animal shelters not interior to veterinary clinics.


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 proposed use will be located in an existing building that will be modify for indoor kennels. Within a 500' radius area, staff observed properties with zoning districts MDR and Com.  The majority of the parcels within the 500' area are currently being used or listed by the Property Appraiser as Commercial and would be compatible with the existing surrounding uses. The adjacent property to the east is part of the landing zone for Pensacola Regional Airport. Any new development will go through the Site Plan Review Process and must meet all LDC requirements for buffering, setbacks, access, and stormwater as well as other code requirements that may apply.
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 service and adequate capacity to serve the proposed use are available and will be addressed 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

Access to the site can come from North 9th Avenue or Langley Avenue, traffic flow, adequate on-site parking and loading, and emergency vehicle access will be reviewed during the Development Review process. Parking is already existing on site.
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 animal kennels 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. The applicant has stated the proposed modifications to the existing building will include sound proofing.
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 is in close proximity to major roads and already established commercial business surrounding the parcel to the south, west, and north.  To the east and southeast is Pensacola Regional Airport runway which creates a huge natural buffer from any other business or residential properties in the area.
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
BOARD OF ADJUSTMENT FINDINGS

The Board adopted Staff''s Findings and approved the Conditional Use as requested.
Attachments
CU-2017-10

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