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    6. C.    
Board of Adjustment
Meeting Date: 06/20/2018  
CASE:    CU-2018-08
APPLICANT: Cynthia Mather, Agent for Ellis Stuart, Stuart Airplane Services Inc., Owner
ADDRESS: 5900 W Nine Mile Road
PROPERTY REFERENCE NO.: 06-1S-31-4402-000-000  
ZONING DISTRICT: Com, Commercial  
FUTURE LAND USE: MU-S, Mixed-Use Suburban  
OVERLAY DISTRICT: AIPD 2 - NOLF 8

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
Conditional use to allow automobile sales, used autos only.

RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.10.c.2.b

b. Automobile sales, used autos only, excluding parcels fronting on any of the following streets: Sorrento Road/Gulf Beach Highway/Barrancas Avenue (SR 292); Blue Angel Parkway (SR 173); Pine Forest Road, south from Interstate 10 to State Road 173; Navy Boulevard (SR 295 and US 98); and Scenic Highway (SR 10A and US 90). Additionally, the parcel shall be no larger than one acre and provided with a permanent fence, wall, or other structural barrier of sufficient height and mass along all road frontage to prevent encroachment into the right-of way other that through approved site access.

CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
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
Nine mile road is a minor arterial road that is heavily traveled.  Properties in the immediate area support a mixture of commercial uses.  This site has been used for auto sales for many years.  The proposed used automobile sales is compatible with the adjacent properties and other properties in the immediate area.
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

Public services and facilities are available as this site has been used for used automobile sales in the past.  A site visit and aerial images reveal that this site has been used in a commercial capacity in the past.  The applicant states that existing services are available.  The proposed use will be further evaluated during the 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

The site ingress and egress will be evaluated during the Site Plan Review Process.  Additionally, encroachment into the right-of-way with the provisions of the LDC will also be reviewed accordingly.
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 site is surrounded by uses that are of similar intensity of the proposed use.  No nuisances and hazards appear to effect the surrounding uses at this time.  The avoidance of nuisances and hazards to the adjacent properties and properties in the immediate area will be evaluated 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 states that they will maintain continual use of the on-site ECUA dumpster located on the property.  This will be further evaluated during the site plan review process.
CRITERION (f)
Screening and bufferingWhere 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 to protect adjacent properties as required by the Land Development Code (LDC) will be addressed during the Site Plan Review process.
CRITERION (g)
Signs and lightingAll 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 proposed signs and lights will be further evaluated during the Site Plan Review Process.
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 applicants request and the historic use of the site, it appears that the site characteristics could accommodate the proposed use.  The site characteristics will be further evaluated 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 proposed use will comply with additional conditional use requirements of the zoning district and other provisions of the LDC.  As Stated in Section 3-2.10.c.2.b of the Escambia County LDC, used automobile sales are allowed as a consitional us if the parcel is no larger than one acre and provide a permanent fence, wall or other structural barrier of sufficient height and mass along all road frontage to prevent encroachment into the right-of-way other that through approved site access.  Applicant will only occupy one acre per LDC regulations.  The barrier requirements will be reviewed during the Site Plan Review Process.
 
STAFF FINDINGS
Staff finds that the proposed use for this parcel meets all of the conditional use criteria requirements.  Upon conditional use approval, the project will be further evaluated during the Site Plan Review Process for compliance with the Escambia County Land Development Code.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS

The Board adopted Staff's findings and approved the Conditional Use.
Attachments
Working Case File

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