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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional use to allow for a salvage yard in HC/LI zoning.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.11(c)(5).c
c. Salvage yards not otherwise requiring approval as solid waste processing facilities.
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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
The surrounding properties are zoned HC/LI with both commercial and residential uses. Site photos show the appearance of building material, trucks, heavy equipment and accessory structures stored on site. The proposed use is more intense than the residential uses in the area and may not be compatible with the neighborhood. |
| 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 although there currently are no water, electric and sewer facilities on the parcel, they are available. If development is proposed utility capacity would still need to be reviewed and approved through 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
It appears there is an existing driveway along Herman Ave. There are no measurements at this time regarding vehicle and pedestrian safety, on-site parking and loading, or emergency vehicle access. Staff does not have enough information to make a recommendation on this criterion. |
| 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 site is surrounded by parcels that are residential, vacant and commercial. Staff does not have enough information to determine if there will be unreasonable nuisances or hazards for the adjoining properties. The proposed commercial use is more intense than the residential in the 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
The applicant states solid waste service is available for the subject property.
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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
There was not enough information provided on the drawing to determine if this criterion will be met.
The project will need to be approved through the Site Plan Review Process and meet the following Design Manual (DSM) criteria.
DSM 2-2 Landscape areas and quantities.
2-2.1 Parcel total. No parcel shall provide less than 15 percent landscape area, regardless of the minimum pervious lot coverage required by the applicable zoning district. On-site permeable retention/detention ponds and permeable swales qualify as landscape area if their maximum depths are no more than three feet and their side slopes are no steeper than 2:1 (horizontal to vertical).
2-2.3 Buffers. Based on broad land use categories, where a proposed new use or expanding existing use is likely to adversely impact an adjoining use, a landscape buffer is required to minimize or eliminate those impacts. The buffer shall protect the lower intensity use from the higher intensity use and provide an aesthetically attractive barrier between the uses. It shall function to reduce or eliminate incompatibility between uses such that the long-term continuation of either use is not threatened by impacts from the other. Buffers shall be provided according to the following standards:
- Required by use. The character of adjoining land uses primarily determines the type of buffering required.
1. Residential and non-residential. All residential uses shall be buffered from all non-residential uses, other than passive recreation, conservation, or agricultural uses, according to the buffer types established in this section and following non-residential categories:
a. Heavy commercial and industrial. Heavy commercial and industrial uses consistent with the Heavy Commercial and Light Industrial (HC/LI) and Industrial (Ind) zoning districts shall provide a Type-C buffer supplemented with an opaque fence or wall. |
| 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 intends to have a sign and exterior lights on the property which will be reviewed during the Site Plan review process. Given that there are some residential uses in the area, lighting should be shielded and directed inward. |
| 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 applicant's submitted plan, the size, shape and location of the parcel appear to be able to accommodate the proposed use and required buffering. |
| 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
This site is located within the Palafox CRA. That district imposes site and building requirements for non-residential uses related to structure height, materials, setbacks, facades, natural features, landscaping, signs, lighting, parking, and buffering of outdoor storage. CRA staff will review this project by those standards as part of the site plan review process. |
| STAFF FINDINGS |
| Staff finds the project does not meet all criteria for compatibility with the surrounding properties, therefore, staff recommends denial. |
| BOA DECISION |
| The Board adopted Staff's Findings of Fact and denied the conditional use. |
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