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    6. E.    
Board of Adjustment
Meeting Date: 11/20/2019  
CASE:    CU-2019-14
APPLICANT: Wayne Williams, Owner
ADDRESS: 6146 Mobile Hwy
PROPERTY REFERENCE NO.: 39-1S-31-4102-001-003, 39-1S-31-4102-000-003  
ZONING DISTRICT: Com, Commercial district  
FUTURE LAND USE: MU-U, Mixed-Use Urban  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
Conditional use to allow for outside storage, tree-removal equipment, and employees vehicles. 
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.10.c.8.b
(8) Other uses.
b. Outdoor storage not among the permitted uses of the district, including outdoor storage of trailered boats and operable recreational vehicles, but no repair, overhaul, or salvage activities. All such storage shall be screened from residential uses and maintained to avoid nuisance conditions.


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 adjacent property to the north is zoned HC/LI and is vacant. The adjacent property to the east is has three single family homes abutting approximately half of the property line and the other half of the property line is abutting a stormwater retention pond. To the south the property is zoned Commercial and contains a barber shop. The proposed use could be compatible with these uses given appropriate buffering
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

Water, electric and sewer facilities are currently available on site and will need to be provided as necessary. 
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 Mobile Highway. A site plan was submitted and has been reviewed through the pre-application process. The county would be relying on Florida Department of Transportation for comments since Mobile Highway is a State roadway for ingress and egress access. 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, these 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 site is surrounded by vacant land to the north, with a neighborhood to the east.  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
Solid waste service is available for the subject property, however, it is not anticipated to a need large containers at this time. This will be further evaluated during the Site Plan Review Process.
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:
The project will need to be approved through the Site Plan Review Process and meet the following Design Manual (DSM) criteria.
DSM 2-2 Landscape areas and quantities.

2-2.1 Parcel total. No parcel shall provide less than 15 percent landscape area, regardless of the minimum pervious lot coverage required by the applicable zoning district. On-site permeable retention/detention ponds and permeable swales qualify as landscape area if their maximum depths are no more than three feet and their side slopes are no steeper than 2:1 (horizontal to vertical).
 
2-2.3 Buffers. Based on broad land use categories, where a proposed new use or expanding existing use is likely to adversely impact an adjoining use, a landscape buffer is required to minimize or eliminate those impacts. The buffer shall protect the lower intensity use from the higher intensity use and provide an aesthetically attractive barrier between the uses. It shall function to reduce or eliminate incompatibility between uses such that the long-term continuation of either use is not threatened by impacts from the other. Buffers shall be provided according to the following standards:
 
  1. Required by use. The character of adjoining land uses primarily determines the type of buffering required.
1. Residential and non-residential. All residential uses shall be buffered from all non-residential uses, other than passive recreation, conservation, or agricultural uses, according to the buffer types established in this section and following non-residential categories:

b. General commercial. General commercial uses consistent with the Commercial (Com) zoning district shall provide a Type-B buffer supplemented with an opaque fence or wall.
Type-B consist of a 16 feet buffer width 2.5 canopy trees, 2 understory, and 20 shrubs for every 100 linear feet.
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:
The applicant intends to have a sign and exterior lights on the property such as way-finding and nighttime security lighting. Lighting should be shielded and directed inward to alleviate any off-site impacts.
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 applicant's submitted plan for Development Review pre-application the size, shape and location of the parcel will accommodate the proposed 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 can meet all of the following criteria to use the property for outside storage with the completion of an Development Order.
 
STAFF FINDINGS
Staff recommends approval of the Conditional Use to allow for further review through the Development Review Process in order to receive a Development Order.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS

The Board agreed with Staff's Findings and approved the Conditional Use.
Attachments
Working Case File

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