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6. C.
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| Board of Adjustment |
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| 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)
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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 states that the hour of operation will start at 1pm on Sunday after normal church services
2. Two churches are located within the 1000-foot minimum distance of a church as measured using Escambia County GIS software. See Exhibit A.
3. The conflicting uses are not visible to each other.
4. The applicant states that there is no proposed consumption either indoor or outdoor.
5. There are no conditions or circumstances that would mitigate any incompatibility.
It appears that the proposed is not compatible with surrounding uses due to the conflicting uses that are located within the 1000' foot measurement. Additionally, please see the below correspondence from Clara Long, Division Manager for the Escambia County Community Redevelopment Agency (CRA):
CRA Comments to Conditional Use for the Englewood O/L District
Sec 3-3.5
Englewood Overlay District does not modify the conditional uses of any underlying zoning district.
Additional comments from the CRA:
Based on the Englewood Redevelopment Area Plan, it states that Jordan Street is a primary neighborhood connector street running east to west through the Englewood area. This street presents unique opportunities for redevelopment, connecting neighborhoods, such as churches, schools and parks. This project is located at the corner of Jordan and Pace Blvd which could pose a future issue with increased pedestrian traffic. Currently there is a pedestrian crossing but not a Push-ped button with walking signals that helps the flow and control the safety of pedestrians crossing a busy intersections.
CRA can’t support this conditional use if the boundaries of the proposed site does not exceed the recommended 1000 feet from churches, schools, and day care facilities.
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| 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:
Existing facilities and services are available and appear to provide adequate capacity to serve the proposed use. |
| 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:
On-site circulation appears to be sufficient for the proposed used. No modifications to the existing ingress to and egress from the site and its structures are proposed. Any modifications to the existing on-site circulation will be reviewed during the site plan review process for compliance with the Escambia County 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:
There are no nuisances and hazards associated with the proposed use found at this time that would impact adjoining properties and other properties in the immediate area. All nuisances and hazards will be evaluated during the site plan review process for compliance with the Escambia County LDC. |
| 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:
A solid waste container is currently utilized for the site. Location, access, off-site visibility and minimal odor and other nuisance impacts will be addressed during the site plan review process for compliance with the Escambia County LDC.
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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 will be evaluated during the site plan review process for compliance with the Escambia County LDC. |
| 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 proposed signage and lighting will be evaluated during the site plan review process for compliance with the Escambia County LDC. |
| 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 appear to adequately accommodate the proposed use. Any proposed modifications to the existing site characteristics will be evaluated during the site plan review process for compliance with the Escambia County LDC. |
| 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 complies with requirements of the HC/LI zoning district. This site is also located in the Englewood Community Redevelopment Area. Other use requirements will be evaluated during the Site Plan review process and must meet all requirements of the Escambia County LDC.
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| STAFF FINDINGS |
| Staff recommends denial of the conditional use request as the proposed use is within the 1000' measurement of two conflicting uses. Staff found that there are two churches within the 1000' foot measurement and the proposed use to allow for alcohol does not appear to be compatible with the surrounding existing uses in the area. It appears that from a site visit, the current use of the building is a post-incarceration reentry facility or similar. If the Board approves the Conditional Use request, the project will need to meet all conditions imposed through the Development Review process. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board denied the Conditional Use request based on compatibility with surrounding uses. |
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