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    6. C.    
Board of Adjustment
Meeting Date: 07/18/2018  
CASE:    CU-2018-11
APPLICANT: Dave Hemphill, Agent for Jefferey S. Kates & Michael Ow, Owners
ADDRESS: 1730 E Nine Mile Rd, 1750 E Nine Mile Rd, Barranger Road, Plainfield Avenue
PROPERTY REFERENCE NO.: 05-1S-30-0407-001-002 05-1S-30-0407-002-002 05-1S-30-0407-021-002 05-1S-30-0407-004-002  
ZONING DISTRICT: Com, Commercial  
FUTURE LAND USE: C, Commercial  
OVERLAY DISTRICT: NA

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
To allow for the parcel boundary of any restaurant or brewpub with drive-in or drive-through service to be less than 200 feet from any LDR or MDR zoning. 

RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.10 Commercial district (Com).,b) Permitted uses. (3) Retail services. The following retail services, excluding permanent outdoor storage: 
g. Restaurants and brewpubs, including on-premises consumption of alcoholic beverages, drive-in and drive-through service, and brewpubs with the distribution of on-premises produced alcoholic beverages for off-site sales. The parcel boundary of any restaurant or brewpub with drive-in or drive-through service shall be at least 200 feet from any LDR or MDR zoning district unless separated by a 50-foot or wider street right-of-way.

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.

FINDINGS-OF-FACT
The four parcels are in the southern most part of Plainfield platted subdivision, dated December 1953. Review of the submitted proposed site plan shows the final layout of the development as two separate parcels, one with frontage on Hwy 90 along Plainfield Avenue and the second parcel, also with frontage on Hwy 90 along Barranger Road.  Based on a site visit and aerial photograph analysis, the vast majority of parcels facing Nine Mile Road, a heavily traveled East-West minor arterial corridor, from the Santa Rosa-Escambia County line to Pine Forest Road, are predominantly commercial in nature; to the East there is a high-density development, Jasmine Creek Apartments; to the West, there is a gas station; to the South and across from Nine Mile Road, University Town Center, a commercial development. Based on the adjacent existing uses and the general commercial intensity of the development along Nine Mile Road, the proposed business can be conducted and operated in a compatible manner. If approved, the projects will have to submit a formal Development Review Committee (DRC) application and meet all of the requirements of the Land Development Code (LDC).     
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 application language and staff's site visit and evaluation, the existing structures have operated as business for the past few years, one as a dental clinic and the other as a variety of commercial  activities.  The applicant stated that both sites have the necessary existing public utilities. If the Conditional Use is approved and a formal application submitted, the DRC staff will have an opportunity to evaluate and implement all of the applicable requirements of the 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

Although the applicant did submit a proposed site plan with the documents and provided comments addressing ingress and egress for the properties, Nine Mile is a State road. The DRC staff will review and comment on any proposed layout to ensure vehicle and pedestrian safety and convenience are addressed, as well as the efficiency of the traffic flow and control. On-site parking, loading and emergency vehicle access will be reviewed for compliance with the LDC regulations.   
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 applicant stated that they will provide buffers to adjacent single-family subdivision. The protection of the existing residential uses against the proposed commercial uses is a primary concern to the County. Any perceived adverse impacts will be analyzed and minimized using the existing 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 of trash container for solid waste, visibility and control of nuisance impacts on adjacent properties will be reviewed during the DRC process using existing regulations. 
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:
The use of screening and buffering for the protection and mitigation of lower intensity residential uses against more intense commercial uses will be reviewed during the DRC 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:
Sign and lighting standards will be reviewed and compliance with the LDC regulations will be implemented at the time of DRC approval. 
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 application documents, the existing structures will be removed; the four existing lots will be combined into two lots with a total area of +/- 1.73 acres. If the Conditional Use is approved, then the applicant will submit a formal DRC project application that will address all site characteristics as identified in the LDC. Based on site visit, the intensity of the proposed operations will be compatible with other sites in the area.    
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:
Based on the applicant's request, the primary use of the property is for fast food restaurants, allowed under the current zoning; conventionally, the proposed uses include a drive-through amenity. The reason for the request is to address the parcels boundaries that are located less than 200 feet from an MDR zoning. There are no additional Conditional Use requirements.  
STAFF FINDINGS
Staff finds that the applicant's request for a Conditional Use can meet all of the requirements under the existing regulations. Staff recommends approval of the Conditional Use. The applicant will submit the project applications to the DRC for review and approval; there will be no land disturbance on-site until a Development Order is issued or the necessary permits are approved.  
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

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