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6. B.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
To allow a restaurant with a drive-thru be allowed within 200 feet of MDR zoning category.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.10(c)(3)a
a. Restaurants not among the permitted uses of the district.
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 1- 5 below:
1.The existing times of use of the places of worship or child care facilities coincide with the hours of operation of the subject business.
2.The 1000-foot minimum distance is not achieved.
3.The conflicting uses are visible to each other.
4. Any on-premises consumption is outdoors.
5. Any conditions or circumstances mitigate any incompatibility.
FINDINGS-OF-FACT
The proposed use consisting of three parcels along Mobile Highway is compatible with the commercial uses in the area, and is within an area of existing commercial development. It will maintain balance and allow neighboring uses to coexist in a stable fasion. |
| 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
Based on the application and a site visit, the properties have the necessary exiting public utilities. If the Conditional Use is approved and a formal application sumitted, the DRC staff will evalute and provide comments regarding the applicable requirments of the LDC. |
| 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 applicant submitted a site plan showing one ingress/egress for the proposed development on Mobile Highway, a State road. The DRC staff will review and comment on any proposed layout to ensure vehicle and pedestrian safety and convenience are addressed, as well as the efficiency of the traffic flow and control. The on-site parking, loading and emergency vehicle access will be reviewed for compliance with the LDC regulations. |
| 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
There is currently vegetation on three sides of the properties which is to remain. Only removing the necessary trees in the building footprint and parking areas should ensure the protection of any existing residential uses. |
| 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 location of the solid waste container will be reviewed during the DRC process using current regulations. |
| 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 use of the existing natural vegetation with additional screening as required will be reviewed during the DRC process to protect the nearby residential uses and zoning. |
| 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 signs and lighting will be reviewed and in compliance with the LDC regulations to ensure it does not adversly affect the neighboring properties. |
| 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:
If the Conditional Use is approved, then the applicant will submit a formal DRC project application that will address all site characteristics as identified in the LDC. Based on site visit, the intensity of the proposed operations will be compatible with other sites 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:
Based on the applicant's request, the primary use of the property is for a fast food restaurant, allowed under the current zoning and typically including a drive-through amenity. The reason for the request is to address the parcel's boundaries that are located less than 200 feet from an MDR zoning. There are no additional Conditional Use requirements. |
| STAFF FINDINGS |
| Staff finds that the applicant's request for a Conditional Use can meet all of the requirements under the existing regulations. Staff recommends approval of the Conditional Use. The applicant will submit the project applications to the DRC for review and approval; there will be no land disturbance on-site until a Development Order is issued or the necessary permits are approved. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board agreed with Staff's Findings and approved the Conditional Use. |
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