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    6. F.    
Board of Adjustment
Meeting Date: 11/20/2019  
CASE:    CU-2019-16
APPLICANT: Luke Kolbeck, Owner
ADDRESS: 5001 Northpointe Parkway
PROPERTY REFERENCE NO.: 06-1S-29-1007-002-004  
ZONING DISTRICT: Com, Commercial district  
FUTURE LAND USE: MU-U, Mixed Use-Urban  
OVERLAY DISTRICT:

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
Outdoor Storage not among pemitted uses, including outdoor storage of trailered boates and operable recreational vehicles
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.10(c)(8)(b)

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)
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 parcel is heavily wooded and if the majority of this buffering is kept, the request for outdoor storage could be compatible with the surrounding parcels.  There is a commercial use to the east, on the corner of Northpointe and Scenic Hwy.  To the west there is a retirement home which has its own vegetation as screening adjacent to the subject property. The proposed use would be a transition between the  commercial use and the residential use to the west.
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
There are public facilities and services in the area although the applicant states the property will not utilize them at this time.
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
There is currently no curb cut for access onto the site. The submitted site plan shows two entrances on the more upland portions of the site connected by an access drive. There is no measurement at this time regarding vehicle and pedestrian safety. The proposed use will be required to go through the Site Plan Development 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 currently is wooded and the proposed use for outdoor storage of boats and rv's should not produce noise, dust or other nuisances or hazards to the nearby parcels since it is seperated on one side by Northpointe Parkway, a boulevard  and the interstate on the other.
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
At this time the applicant states there will not be any solid waste containers. This will be reviewed 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:
There is existing vegetative buffering on the site that can provide adequate screening from view of lower intensity uses as well as to protect natural resources from intrusive activities and negative impacts of the development.
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:
Signage and lighting must comply with the LDC requirements and will be addressed during the Site Plan Review process
 
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 2.94 +/- acre parcel lies between Northpointe Parkway and the interstate ramp and appears adequate to accommodate the proposed use as well as meeting the access, setbacks, stormwater, and other LDC requirements. The parcel topography slopes from the rear and sides to the center front of the property and the proposed stormwater pond.  That area contains hydric soils and wetland indicator vegetation. These issue will be reviewed at the time of Site Plan review and while they present a development challenge, they do not prohibit 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 use can be designed to meet LDC standards and although it is on a local road,Northpoint Parkway functions as a two lane boulevard into the subdivision. Northpointe Parkway is within a quarter of a mile from Scenic Highway, a minor arterial at the intersection.
STAFF FINDINGS
The proposed use is a less intense commercial use and serves as a transition between the commercial and the residential. The site can meet LDC standards while focusing on lighting, security of the site as well as access to and from the site.
Staff recommends approval of this Conditional Use request with the condition of Site Plan Review approval.  Any outside agency approvals are not within the purview of Escambia County.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS

The Board agreed with Staff's Findings and approved the Conditional Use, with the condition that it meets all the DRC requirements.
Attachments
Working Case16

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