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6. C.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Request a conditional use to allow the sale of alcohol within 1000' of a place of worship.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:4-7.5(e)
CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
Sale of Alcohol, Section 4-7.5(e)
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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.
If this is for the sale of alcohol within a 1000 ft of a place of worship or child care facility; please explain a- e below:
a.The existing times of use of the places of worship or child care facilities coincide with the hours of operation of the subject business.
b.The 1000-foot minimum distance is not achieved.
c.The conflicting uses are visible to each other.
d.Any on-premises consumption is outdoors.
e.Any conditions or circumstances mitigate any incompatibility.
FINDINGS-OF-FACT
a. The applicant stated in the application the hours of operations will be 3:00 pm till 11:00 pm.
b. Within the 1000', there are two churches, two restaurants, hotels and motels, commercial establishments, and single-family residences.
c. The subject parcel is directly south of Saint Matthew Lutheran Church and Smyrna Baptist Church is located directly across Pensacola Blvd. The subject parcel and its purposed use is in site of both churches.
d. The applicant stated all alcohol consumption will be within the confines of the building.
e. The applicant has not provided the days of operation. The customers of the hotel and the members of the church may not have hours of operation that will coincide with each other. |
| 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 facilities and services appear to provide adequate capacity to serve the proposed use. This facility has operated as a hotel for many years. The applicant states that the hotel has been in operations since 1972. |
| 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
The existing ingress to and egress from the site and its structures appear to be sufficient for the proposed use. Additional requirements for the proposed use such as parking will be provided during the Site Plan 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 business should 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. |
| 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 for the facility is currently provided and will be utilized for the proposed use.
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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 subject property does not buffer any residential uses and the proposed use does not require additional buffering. With regards to the conflicting uses, the church to the north is buffered by a retention pond separating the two uses. The church to the east is separated from the proposed use by the extensive right-of-way of Pensacola Blvd. |
| 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:
All existing signs and lighting appear to be compatible with adjoining properties and other properties in the area. All exterior signs and lights, whether attached or freestanding, will be reviewed during the Site Plan Review process and must meet the LDC requirements for the zoning. |
| 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 characteristics of the site appear to adequately accommodate the proposed use. The site characteristics for parking, setbacks and other considerations will be addressed 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:
The parcel is in HC/LI zoning district which allows restaurants and brewpubs, including on-premise consumption of alcoholic beverages. |
| 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 Development Review process. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board adopted Staff's findings and approved the Conditional Use as requested based on competent and substantial evidence presented by staff.
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