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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional use for proposed retail building in excess of 6,000 sq. feet. Proposed retail building will be approximately 9,100 sq. ft. when complete.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 3-2.9 (c)(2)
(2) Retail sales. Medium-scale (gross floor area greater than 6000 sq.ft. per lot, but no greater than 35,000 sq.ft.) retail sales, including sales of beer and wine and automotive fuels, but excluding sales of motor vehicles and liquor, and excluding permanent outdoor storage, display, or sales.
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 primary retail sales use is listed as permitted under the HDMU zoning district, however, due to the proposed size of the building, larger than the 6,000 sq. ft. permitted, a Conditional Use approval is required. During the site visit, staff observed multiple medium-size retail and commercial operations along Lillian Hwy; immediate area parcels are zoned Commercial, HDMU and Medium-Density Residential, with adjacent existing uses that are compatible in intensity to the described use. The application submittal contained a proposed site layout that shows a large storm water pond that would potentially serve as a buffer from the adjacent residential use to the North. If the Conditional Use is approved, the project will need to submit an application to the Site Plan Review Process. |
| 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 stated that public facilities and services will be available and will provide adequate capacity. The project will need to be reviewed and approved using the established Site Plan Review process. |
| 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
Ingress and egress from the site will use Lillian Hwy; as the road is under State jurisdiction, the developer will have to coordinate access to the parcel with the designated agencies. Pedestrian safety, on-site parking, loading and emergency vehicle access will be reviewed during the Site Plan 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 applicant stated that the scale and intensity of the proposed operation would not generate unreasonable noise. glare , dust, smoke , odor, vibration, electric interference or other nuisances. All of this standards will be review for compliance with current regulations during the Site Plan Review process. |
| 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 applicant stated that all on-site solid waste containers will be appropriately located for functional access. The location, access and buffering requirements of the LDC will be reviewed and implemented during the Site Plan Review process.
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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 parcel does share property line with a established residential neighborhood to the North. The proposed site layout does show the storm water pond located between the proposed building and the neighborhood to the North, in fact serving as a man-made physical buffer. The LDC has additional screening and buffering requirements for commercial uses adjacent to residential uses; those standards will be implemented during the Site Plan Review process in order to protect less intense residential uses. |
| 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
The applicant stated that all exterior signs and lights will be compatible. The LDC regulation specifically address signs and lighting which will be implemented during the Site Plan Review process.
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| 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 proposed site layout and description provided by the applicant, it appears that the site would be able to accommodate the use. If the Conditional Use is approved, the applicant will have to make a formal submission for official review of the proposed project to the Site Plan Review process. |
| 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 will comply will additional requirements and provisions of the LDC. |
| STAFF FINDINGS |
| Staff finds that the application as submitted can meet all of the Conditional Use requirements. If the Conditional Use is approved, the applicant must make a formal submittal for the project for review process thru the Development Review Committee. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board adopted Staff's Findings of Fact and approved the Conditional Use. |
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