|
Back to Calendar
Return
|
| |
6. A.
|
| Board of Adjustment |
|
|
|
| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional Use request to allow on-premise alcohol consumption within 1000' of a place of worship
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:4-7.5(e)
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) |
| 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. As prescribed in the LDC 4-7.5 (e), the BOA shall review the following with regard to the condition of general compatibility:
- The existing times of use of the places of worship or child care facilities coincide with the hours of operation of the subject business.
- The 1000-foot minimum distance is not achieved.
- The conflicting uses are visible to each other.
- Any on-premises consumption is outdoors.
- Any conditions or circumstances mitigate any incompatibility.
FINDINGS-OF-FACT
- The applicant did not state the hours of operation.
- Within the 1000' there are 4 places of worship. See attached Exhibit 1.
- The proposed conflicting use is not directly visible to the other conflicting uses in the area.
- The applicant did not state that all alcohol consumption will be within the confines of the building.
- The applicant has not provided the days of operation. The restaurant and churches in the area may or may not have hours of operation that will coincide with each other. This site has existed has a bar in the past, yet has been out of operation for more than 365 calendar days.
|
| 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 facilities and services appear to provide adequate capacity to serve the proposed use. The site is currently a restaurant. Additional levels of service will be reviewed during the Site Plan Review process, as applicable. |
| 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 existing ingress to and egress from the site and its structures appear to be sufficient for the proposed use. Additional requirements for the proposed use such as parking will be provided 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 business should 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 |
| 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 for the facility is currently provided and will be utilized for the proposed use. |
| 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 subject property does not abut any residential uses and the proposed use does not require additional buffering. With regards to the conflicting uses, the churches in the area are not directly visible from the subject property. |
| 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 existing signs and lighting appear to be compatible with adjoining properties and other properties in the area. All exterior signs and lights, whether attached or freestanding, 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:
The characteristics of the site appear to adequately accommodate the proposed use. The site characteristics for parking, setbacks and other considerations will be addressed during 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 parcel is in HC/LI zoning district which allows restaurants and brewpubs, including on-premise consumption of alcoholic beverages. The site is located in the Palafox Community Redevelopment Area, yet there are no overlay restrictions that prohibit this requested use. |
| STAFF FINDINGS |
Staff recommends that the Board approve the proposed Conditional Use request with the following condition:
The project must meet all conditions imposed through the Development Review process.
|
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board adopted Staff's Findings with the DRC condition and approved the Conditional Use. |
|
|
|