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    6. D.    
Board of Adjustment
Meeting Date: 07/18/2018  
CASE:    CU-2018-12
APPLICANT: Scott Nicola, agent for William Long Jr, Owner
ADDRESS: 1368 and 1370 W Nine Mile Rd
PROPERTY REFERENCE NO.: 09-1S-30-2101-081-005, 09-1S-30-2101-080-005  
ZONING DISTRICT: HC/LI, Heavy Commercial and Light Industrial  
FUTURE LAND USE: MU-U, Mixed-Use Urban  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
Conditional Use request to allow on-premise alcohol consumption within 1000' of a child care facility.
 
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:
  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 stated that the hours of operation will be between 11a.m. and 2:30 a.m. daily for use as a bar.
  2. The 1000-foot minimum distance is not achieved. It appears that based upon measurements taken from the Escambia County GIS, the distance from the closet corner of the proposed use parcel (southeast corner) to the front door of the existing child care facility, located at 9441 Bowman Ave, is approximately 980 feet. The closest corner of the proposed use site was used in this measurement as there is no building onsite. The location of the proposed use will determine the actually distance, which maybe greater than or less than the 1000' feet requirement. See Exhibit A.
  3. There are no conflicting uses that are visible to each other. 
  4. The applicant provided a site plan that shows a proposed outdoor area. This project has not been issued a Development Order from the county and any development must meet all requirements of the LDC.
  5. There are no conditions or circumstances that would mitigate any incompatibility.
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 applicant has stated that the development will provide adequate capacity to serve the proposed use. The availability of facilities and services will be evaluated during the Site Plan review process and must meet all requirements of the Escambia County LDC.
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 submitted a site plan showing the proposed ingress to and egress from the site. On-site circulation will be evaluated during the Site Plan review process and must meet all requirements of 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 appears to be no nuisances or hazards associated with the proposed use that will impact adjoining properties and properties in the immediate area. Furthermore, any nuisances or hazards associated with the proposed use will be evaluated during the Site Plan review process and must meet all requirements of 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
The applicant has submitted a site plan showing the proposed location of the solid waste containers. The solid waste locations will be evaluated during the Site Plan review process and must meet all requirements of the Escambia County LDC.
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 evaluated during the Site Plan review process and must meet all requirements of 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:
The applicant states that all signs and lighting will be compatible with properties in the immediate are and constructed to county standards. These requirements will be evaluated during the Site Plan review process and must meet all requirements of 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:
Site characteristics will be evaluated during the Site Plan review process and must meet all requirements of 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. Other use requirements will be evaluated during the Site Plan review process and must meet all requirements of the Escambia County LDC.
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 noted conditions.
Attachments
Working Case File
EXHIBIT A

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