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6. 0.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
The applicant is requesting a drive-through service / pickup window on a new constructed building that is within 200 feet of MDR Zoning.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended),
Section:3-2.10(c)(3)a.
(3) Retail services.
a. Restaurants not among the permitted uses of the district.
Chapter 6 Definitions
Drive-in or drive-through service. A form of customer service that by design, physical facilities, or operations of the providing establishment encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. Such service may be in conjunction with or exclusive of any other form of service.
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
Staff's review of the surrounding zoning, land uses and intensities reveals a predominant existing low to medium density residential subdivision is adjoining to the north while a major arterial road Highway 98 adjoins to the south. To the East and West there is commercial zoning with a local road Tampico Boulevard splitting between the commercial properties on the west side. The use would be compatible only as pickup window, meaning no ordering at the window, no drive-thru menu board or signs, and no loud speakers. |
| 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 applicant's documentation, all public utilities are available for the proposed building site and have the necessary capacity to support the development. All proposed facilities and services have been approved with an Development Order (project number PSP170600102) that was issued on December 13, 2017. |
| 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 is wanting to add pick up windows to the building that was not on the approved site plan.The applicant has already been approved from access management and the traffic division to allow for a pick-up window. |
| 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
It is not expected that the proposed use will have a negative impact on the surrounding area, once constructed. During the Site Plan Review process, short and long term nuisances and hazards were reviewed for LDC regulations and approved. |
| 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, design, use and odor control requirements for solid waste collection and disposal were reviewed during the Site Plan Review process. The approved site plan was approved with for the storage, location and screening of on-site solid waste will adhere to current LDC regulations.
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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:
Screening and buffering requirements were reviewed and implemented for the project during the Site Plan Review process, based on the current LDC regulations and approved with the current development order. |
| 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:
Any signs for the proposed development will need to be reviewed and permitted thru the normal process. All exterior lights will adhere to the LDC. |
| 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 site plan, the 1.51± acre parcel for the proposed 4,800 square foot restaurant/general retail building development will adequately accommodate the proposed use and all of the necessary infrastructure. All of the development requirements were reviewed against the current LDC regulations. |
| 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 request is to allow for a pickup window not a drive-through window. The request to allow for the pickup window should not allow any loud speakers, drive up menu boards or anything associated with or like a fast-food restaurant. |
| STAFF FINDINGS |
| Staff recommends approval of the Conditional Use only for pickup windows on the commercial zoned property that is within 200 feet of MDR zoning. Staff recommends to add a special condition not to allow any drive-through associated items such as menu boards or loud speakers. The applicant has an approved site plan that will allow for a pickup windows that was reviewed and approved by access management. |
| BOA DECISION |
| The Board adopted Staff's Findings of Fact and recommended conditions, and approved the Conditional Use. |
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