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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Escambia County is seeking to construct a public beach access point on the subject parcel.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-4.4(c)(3)b.
(3) Recreation and entertainment.
b. Parks, public.
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 is compatible with the surrounding properties and that use is encouraged in the County's 2030 Comprehensive Plan. Policies within that plan call for the county to maintain County owned shoreline or open space access sites and provide adequate parking facilities for each site. In addition, the plan calls for the county to, "seek all available federal and state financial assistance to increase public access to the shoreline. Escambia County will continue to seek opportunities to enhance the public access to water or waterways."
This proposed access meets those policies. |
| 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 county will provide and maintain any facilities and services required for this project through conditions imposed in the site plan review process. All access points will be constructed and maintained as ADA compliant. |
| 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
Access to the parcel will be via a connection to Perdido Key Dr. Parking will be provided as proposed along with any modifications imposed through the site plan review. Environmental constraints will limit the number of available area for parking surface. |
| 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
Because this is proposed as a passive recreation site, the intensity of use and effects on surrounding properties will be limited. |
| 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 county will provide and maintain solid waste service in the same manner as with the other public beach access sites on Perdido Key.
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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 for the proposed use will be limited by the environmental constraints on site. The passive recreation use and limited scope will alleviate the buffering needs. |
| 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
Informational and directional signage will be provided as necessary and no lighting is proposed. |
| 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 parcel size and topography are appropriate for the use as proposed. Site constraints will limit the proposed use to half of the previously developed footprint on the parcel. |
| 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
Additional requirements regarding access on site and environmental issues may be imposed during the site plan review process. |
| STAFF FINDINGS |
| Staff finds that the proposed use does meet all of the required criteia and approval is recommended. If approved, the plan will be submitted to the Development Review Committee for site plan review. |
| BOA DECISION |
| The Board adopted Staff's Findings of Fact and approved the Conditional Use, as requested. |
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