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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional Use request to allow for a salvage yard in HC/LI zoning.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:Section:3-2.11(c)(5)c.
c. Salvage yards not otherwise requiring approval as solid waste processing facilities.
CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 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
The parcel was split zoned High Density Mixed-Use district (HDMU) and Heavy Commercial and Light Industrial district (HC/LI); the applicant submitted a request to have the entire parcel assigned the HC/LI zoning designation as allowed per Article 1, Section 3-1.3(d) of the Escambia County Land Development Code. The split zone request was approved 10-23-19. It must be noted, as indicated in the application form, that said provision does not guarantee any proposed use, development right or proposed land use/activity and/or development.
The subject property is joined on 3 sides by residential uses and a salvage facility would not be compatible with those uses. There is a salvage yard to the South but it is not adjacent to the proposed yard. Between the existing yard and the proposed site are a vacant parcel and a large apartment complex.
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| 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 applicant does not propose impacts to existing public services and facilities. Any services required will need to provided as necessary. |
| 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
If the Conditional Use is approved, the applicant will submit a formal application for the project to the Development Review Committee; on-site circulation will be reviewed in accordance with the adopted standards in the Land Development Code. |
| 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 proposed use has the potential to create nuisance conditions and cause adverse impacts on surrounding and adjacent residential uses. The potential for environmental risk and unsafe conditions is associated with this type of use. Sec 42-196 of the Escambia County Code of Ordinance defines Nuisance Conditions as the creation and maintenance of any condition conductive to the breeding of rats, vermin, flies, mosquitoes, or other arthropods that are capable of transmitting diseases directly or indirectly to humans. |
| 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
Applicant stated that solid waste containers will be on-site. Location of the solid waste containers will be reviewed and approved during the Site Plan Review process. Granting the Conditional Use followed by a Site Plan Review process approval will not negate the creation of nuisance impacts.
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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:
The LDC requires that any proposed industrial type development provide the necessary screening and buffering protection for the adjacent or surrounding existing residential uses. The project will be review for buffering requirements during the Site Plan Review process. Granting the Conditional Use followed by a Site Plan Review process approval will not negate the creation of nuisance impacts. |
| 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 proposed signs will require review and permitting in accordance to LDC regulations. During the Site Plan Review process staff will ensure that proposed signs and lighting will be compatible adjoining and surrounding properties. Granting the Conditional Use followed by a Site Plan Review process approval will not negate the creation of nuisance impacts. |
| 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:
Under LDC Section 3-2.11 Heavy Commercial and Light Industrial district (HC/LI) the proposed use and location will not meet the access criteria requirements in the Land Development Code:
(d) Site and building requirements. The following site and building requirements apply to uses within the HC/LI district:
(8) Other requirements.
a. Access. For any industrial use south of Well Line Road, site access shall be provided by curb cuts on an arterial or collector street. Alternatively, a private or public street may link the site to an arterial or collector, provided that the private or public street does not traverse a residential subdivision or predominantly residential neighborhood between the site and the arterial or collector street.
Based on the County's GIS street layer Hollywood Avenue and Hansel Street level of service is as a local street. Based on the Escambia County public records, there are two platted subdivisions between the parcel and Massachusetts Avenue, the nearest arterial service level road: Scenic Terrace and Lot 4 Chas Develliers Grant between the property and the nearest designated arterial roads.
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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 applicant did not address the HC/LI requirements for access for industrial uses south of Well Line road. The proposed use does not comply with the requirement of the location criteria and a compatibility analysis was not provided. |
| STAFF FINDINGS |
| The proposed use, location and application for a Conditional Use did not properly address the requirements under Criteria a, d, h and i, therefore, staff recommends denial of the Conditional Use. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Applicant requested a continuance to the January BOA meeting, and the Board granted that request. |
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