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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Request a conditional use to allow the sale of alcohol 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
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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. As prescribed in the LDC 4-7.5 (e), the BOA shall review the following with regard to the condition of general compatibility.
(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
(1) The applicant has not provided a complete schedule of the days of the week or hours of operation.
(2) Within the 1000' there are two convenient stores, one bar which sell beer, and two churches.
(3) The subject parcel is approximately 600 feet from one church and not within site of the other establishments.
(4) The applicant stated all alcohol consumption will be within the confines of the building.
(5) The applicant has not provided the days of operation. The patrons of the lounge and the members of the church may not have hours of operation that will coincide with each other. |
| 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 parcel has existing utilities and will be reviewed 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 applicant has shown on a photo, the intended parking for the lounge. All parking requirements 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 will be addressed during Site Plan Review.
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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 is required for commercial parcels adjacent to residential. Screening and buffering standards will be reviewed during the Site Plan Review process. |
| 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 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 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
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| 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 and approved the conditional use with the added Development Review condition. |
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