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6. C.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional use request for a retail building in excess of 6,000 sq. feet. The proposed retail building will be approximately 9,350 sq. ft. if approved.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 3-2.9 (c)(2)
(2) Retail sales. Medium-scale (gross floor area greater than 6000 sq.ft. per lot, but no greater than 35,000 sq.ft.) retail sales, including sales of beer and wine and automotive fuels, but excluding sales of motor vehicles and liquor, and excluding permanent outdoor storage, display, or sales.
CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
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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 primary retail sales use is listed as permitted under the HDMU zoning district, however, due to the proposed size of the building, larger than the 6,000 sq. ft. permitted, Conditional Use approval is required. During the site visit, staff observed multiple medium-size retail and commercial operations along Nine Mile Road; immediate area parcels are zoned Commercial, HDMU, and HC/LI, with adjacent existing uses that are compatible in intensity to the described use. The adjacent property to the East is currently under construction for a new Ever'mans grocery store that is 22,185 sq ft on a property zoned commercial. The applicant has received comments from the Development Review staff for a proposed site layout that shows a large storm water pond that would potentially serve as a buffer from the adjacent residential use to the North. If the Conditional Use is approved, the project will need to complete the Site Plan Review Process.
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| 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
Public facilities and services are available and will provide adequate capacity. The project will need to be reviewed and approved using the established 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
Ingress and egress from the site will use Nine Mile road; as the road is under State jurisdiction, the developer will have to coordinate access to the parcel with the designated agencies. Pedestrian safety, on-site parking, loading and emergency vehicle access will be reviewed 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 scale and intensity of the proposed operation should not generate unreasonable noise, glare, dust, smoke, odor, vibration, electric interference or other nuisances. All of these standards will be review for compliance with current regulations 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
All on-site solid waste containers will be appropriately located for functional access. The location, access and buffering requirements of the LDC will be reviewed and implemented 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 parcel does share a property line with an established residential parcel to the North. The proposed site layout shows the storm water pond located between the proposed building and the neighbor to the North, in fact serving as a man-made physical buffer. The LDC has additional screening and buffering requirements for commercial uses adjacent to residential uses; those standards will be implemented during the Site Plan Review process in order to protect less intense residential uses. |
| 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 exterior signs and lights will need to meet the requirements of the LDC and not cause unfavorable impacts on neighboring properties.. The LDC regulation specifically address signs and lighting which will be implemented during the Site Plan Review process.
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| 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 proposed site layout and description provided by the applicant, it appears that the site would be able to accommodate the use. |
| 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 use must comply with any additional requirements and provisions of the LDC as applicable during the DRC process. |
| STAFF FINDINGS |
| Staff finds that the application as submitted can meet all the Conditional Use requirements. If the Conditional Use is approved, the applicant must finish the review process thru the Development Review Committee. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board agreed with Staff's Findings and approved the Conditional Use. |
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