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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
To allow a brewpub with the distribution of on-premises produced alcoholic beverages for off-site sales.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.9(c)(3)b
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.
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 request is to allow a Brewpub with the distribution of on-premise produced alcoholic beverages for off-site sales as a conditional use. Currently the use of a Brewpub without on site distribution, is a permitted use in HDMU. The applicant has received verification stating the business was not within 1000 feet of a church or daycare. The applicant has submitted a pre-application and during the initial Site Plan Review process, the locational criteria will be reviewed. |
| 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:
The site has access to and is currently utilizing the established public facilities provided by Emerald Coast Utilities Authority for water and sewer. |
| 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 parcel has existing on-site parking with striping and wheel stops, however the parking does not seem to be sufficient for the requested use. The improvements made to Olive Road including the addition of sidewalks and turn lanes, make the access to the parcel more efficient for pedestrian and vehicular traffic, however, parking in the rear of the building may be challenging. |
| 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 parcel currently has a business in operation and with the addition of a brewpub, the parcel will see an increase in traffic. The main operations will be inside the building, however the applicant states there may be outside seating in the back for customers to enjoy, which may increase the noise level for the surrounding neighbors during the hours of operation. |
| 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 containers must be located in an area that is convenient for pick up as well as limit the off-site visibility.
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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:
There is an existing vegetative buffer on the north and west side that should remain. Screening and buffering standards will be addressed at the Site Plan Review process. |
| 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 lighting will be reviewed during the Site Plan Review process and must meet the LDC requirements for the zoning. |
| 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:
It appears from the site visit, there may be difficulty in meeting some of the parking proposed in the rear of the building, The site will be reviewed for adequate parking, setbacks and landscape at the time of Sit Plan Review submittal.
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| 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 parcel is in High Density Mixed-use (HDMU) district which allows restaurants and brewpubs, with the exception of brewpubs with distribution of alcoholic beverages for off-site sales. |
| STAFF FINDINGS |
| The request may increae traffic and possibly additional noise during the hours of operation. The applicant has received comments from a pre application meeting to address other items such as fire safety, ingress/egress and parking. Staff recommends approval of this Conditional Use, with the condtion that this project must complete the Site Plan review process and obtain a Development Order |
| BOA DECISION |
| The Board adopted Staff's findings and approved the Conditional Use with the DRC condition. |
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