|
Back to Calendar
Return
|
| |
6. 3.
|
| Board of Adjustment |
|
|
|
| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional Use request to allow medium scale retail sales in LDMU zoning. The zoning allows for retail sales up to 6,000 sq. ft. and this request is for approx. 8,960 sq. ft. which is allowed with Conditional Use approval.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.6 (c)(2)(b)
b. Medium-scale(gross floor area greater than 6000 sq. ft. per lot, but no greater than 35,000 sq. ft.) retail sales, excluding sales of motor vehicles and excluding permanent outdoor storage, sales, or display.
CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
|
| 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 LDMU zoning district is intended to provide for a mix or residential uses with neighborhood scaled retail sales and services. As stated above, retail is limited to 6,0000 sq. ft. unless Conditional Use approval is granted. The proposed use is approx. 3,000 sq. ft. larger than what is allowed outright but is far short of the maximum 35,000 sq. ft. possible with Conditional Use approval. Per LDC 3-2.6 (e), all new non-residential uses proposed within the LDMU district that are not part of a predominantly residential development or a planned unit development, or are not identified as exempt by district regulations, shall be on parcels that satisfy at least one of the location criteria. This proposal falls under the first criteria in that it is at the intersection of two collector roads. Given these considerations along with the submitted compatibility analysis, staff finds that the proposed use can be compatible with the surrounding area. |
| 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
Adequate services are available at the site and have available capacity. The specifics of services necessary will be analyzed during 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
Circulation must meet all design and permitting requirements of the County and DOT. The submitted site plan shows a right-in, right-out configuration of the driveway but changes may be made based on additional technical review. |
| 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 proposed retail use is not anticipated to create unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference, or other nuisances or hazards for adjoining properties. |
| 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
Solid waste service will be provided by the operator via a dumpster that must be screened, maintained, and emptied regularly.
|
| 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 must be provided on the south and east property boundaries and called for by the LDC. The currently proposed future use of those adjoining properties is residential and buffering between these different uses is required. |
| 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:
Signs and lighting must meet all applicable LDC design and allotment standards. |
| 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 submitted site plan appears to be suitable for the location. All setbacks, buffering and driveways will meet current 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 use requirements for this proposal other than the location criteria which it meets. |
| STAFF FINDINGS |
| Staff finds that the proposed use can meet all of the required criteria and recommends approval as submitted. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS:
The Board agreed with Staff's Findings and approved the Conditional Use. |
|
|
|