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6. B.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Request a Conditional Use to construct a place of worship in LDR
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.5 (c) (20 e. Places of worship
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.
FINDINGS-OF-FACT:
Staff's review of the surrounding zoning, land uses and intensities reveals a predominant low-density residential character within the adjacent properties and the general area. The original church building, across the street, was built and in existence since 1965, based on Escambia County Property Appraiser's public records. |
| 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:
Based on the applicant's documentation, all public utilities are available for the proposed building site and have the necessary capacity to support the development. All proposed facilities and services will be reviewed and must comply with current Land Development Code (LDC) regulations during the Site Plan Review process.
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| 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 provided language that specifically address the location of ingress and egress, traffic flow, on-site parking and emergency vehicle access with the Conditional Use application, including proposed site plans for the development; however, all of the requirements under on-site circulation criteria will be evaluated by the respective agencies during the Site Plan review process, for compliance with the current development requirements from the LDC. |
| 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:
It is not expected that the proposed use will have a negative impact on the surrounding area, once constructed. The applicant has identified and addressed near-term construction associated nuisance issues. During the Site Plan Review process, short and long term nuisances and hazards will be address against the LDC regulations. |
| 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 location, design, use and odor control requirements for solid waste collection and disposal will be reviewed during the Site Plan Review process. The applicant did state that the site design for the storage, location and screening of on-site solid waste will adhere to current LDC regulations.
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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 and buffering requirements will be reviewed and implemented for the project during the Site Plan Review process, based on the current LDC regulations. |
| 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 signs for the proposed development will need to be reviewed and permitted thru the normal process. All exterior lights will be shown on the site plan and will be reviewed 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 public records of Escambia County Property Appraiser, the 8 acre parcel for the proposed development should adequately accommodate the proposed use and all of the necessary infrastructure. All of the development requirements will be reviewed against the current LDC regulations. |
| 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:
There are no additional Conditional Use requirements designated for places of worship. |
| STAFF FINDINGS |
| Staff recommends approval of the Conditional Use for a place of worship in LDR. The applicant will submit a formal DRC application and must receive a Development Order or receive the necessary permits prior to commencing any land disturbance activities. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board adopted staff's findings and approved the request with the DRC condition. |
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