Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT May 17, 2017–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104

Call to Order.

Swearing in of Staff and acceptance of staff as expert witness

Acceptance of the BOA Meeting Package with the Development Services Staff Findings-of-Fact, into evidence.

Proof of Publication and waive the reading of the legal advertisement.

Approval of Resume Minutes.

Approval of Meeting Minutes.

Consideration of the following cases:

Case No.: CU-2017-08

Address:	4302 Hollywood Avenue
Request:	A conditional use to allow the sale of alcohol within 1000' of a place of worship
Requested by:	Benjamin Johnson, Agent for Liza Timmon, Owner

Case No.: CU-2017-09

Address:	4801 N. Palafox Street
Request:	A conditional use for automobile sales, used autos only
Requested by:	Nettie Williams, Owner

Case No.: V-2017-03

Address:	3200 West DeSoto Street
Request:	A variance for 236 parking spaces
Requested by:	Escambia County, Owner

Discussion Items.

Old/New Business.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, June 21, 2017 at 8:30 a.m., at the Escambia County Central Office Complex, Room 104, 3363 West Park Place.

10.

Adjournment.


Board of Adjustment		5. A.
Meeting Date:	05/17/2017

Attachments
DRAFT 04/19/17 Meeting Minutes


Board of Adjustment		6. A.
Meeting Date:	05/17/2017
CASE:	CU-2017-08
APPLICANT:	Benjamin Johnson, Agent for Liza Timmon, Owner
ADDRESS:	4302 Hollywood Avenue
PROPERTY REFERENCE NO.:	09-2S-30-0400-008-005
ZONING DISTRICT:	HC/LI, Heavy Commercial and Light Industrial district
FUTURE LAND USE:	MU-U, Mixed-Use Urban
OVERLAY DISTRICT:	Palafox

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Request a conditional use to allow the sale of alcohol 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
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 has not provided a complete schedule of the days of the week or hours of operation. (2) Within the 1000' there are two convenient stores, one bar which sell beer, and two churches. (3) The subject parcel is approximately 600 feet from one church and not within site of the other establishments. (4) The applicant stated all alcohol consumption will be within the confines of the building. (5) The applicant has not provided the days of operation. The patrons of the lounge and the members of the church may not have hours of operation that will coincide with each other.
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 parcel has existing utilities and will be reviewed 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 The applicant has shown on a photo, the intended parking for the lounge. All parking requirements will be provided during the Site Plan Review process.
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 business should 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.
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 will be addressed during Site Plan Review.
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 is required for commercial parcels adjacent to residential. Screening and buffering standards will be reviewed during the Site Plan Review process.
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: All exterior signs and lights, whether attached or freestanding, will be reviewed during the Site Plan Review process and must meet the LDC requirements for the zoning.
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 for parking, setbacks and other considerations will be addressed during the Site Plan Review process.
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 parcel is in HC/LI zoning district which allows restaurants and brewpubs, including on-premise consumption of alcoholic beverages
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 added Development Review condition.

Attachments
CU-2017-08


Board of Adjustment		6. B.
Meeting Date:	05/17/2017
CASE:	CU-2017-09
APPLICANT:	Nettie Williams, Owner
ADDRESS:	4801 N. Palafox Street
PROPERTY REFERENCE NO.:	46-1S-30-2001-140-007
ZONING DISTRICT:	Com, Commercial district
FUTURE LAND USE:	C, Commercial
OVERLAY DISTRICT:	Palafox

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Automobile sales, used autos only RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.10(c)(2)(b) 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 Palafox is a North-South arterial road, that is heavily traveled; properties in the immediate area support a mixture of commercial and educational facilities. The proposed used automobile sales use is compatible with the adjacent properties and other properties in the immediate 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 Site visit reveals that this site has been used in a commercial capacity in the past. Based on the application, the existing building have utility connections and the sanitary sewer infrastructure is in place. The proposed use on the site will be further evaluated 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 The applicant described ingress and egress from the site to be accomplished via Palafox; it appears that the previous commercial operations did use the same access to the parcel, as proposed. Traffic flow, on-site parking, emergency vehicle access and pedestrian safety will again be addressed during the Site Plan Review process.
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 Visit to the site reveals that within the surrounding area there are multiple commercial operations similar in scale and intensity to the proposed use for the parcel. Based on the applicant's description, the proposed use will not create any unreasonable circumstances. The avoidance of nuisances and hazards to adjacent properties and properties in the immediate area will be further evaluated during the Site Plan Review process.
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 stated in the application that solid waste containers will be provided and will comply with regulations. The location of the solid waste containers will be determined during the Site Plan Review process.
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: All of the screening and buffering requirements to protect adjacent parcels, as required by the Land Development Code (LDC), will be addressed during the Site Plan Review process.
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: This property is also located under the Palafox Overlay; additional requirements for signs and lights will be reviewed and will have to comply with the current regulations. The proposed signs and lights will be further evaluated during the Site Plan Review process.
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 will be further evaluated during the Site Plan Review process. Initially, based on the applicants request, it appears that the site characteristics could accommodate the proposed use.
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 could comply with additional use requirements of the zoning district, the overlay and other provisions of the LDC.
STAFF FINDINGS
Staff finds that the proposed used for this parcel could meet all of the conditional use criteria requirements. If the conditional use is approved, the project would have to obtain a Development Order from the Development Review Committee prior to commencing operations.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS The Board adopted Staff's findings and approved the request with the Development Review condition.

Attachments
CU-2017-09


Board of Adjustment		6. C.
Meeting Date:	05/17/2017
CASE:	V-2017-03
APPLICANT:	Escambia County, Owner
ADDRESS:	3200 West DeSoto Street
PROPERTY REFERENCE NO.:	33-2S-30-1000-001-005, 33-2S-30-3301-006-271
ZONING DISTRICT:	Com, Commercial and MDR, Medium Density Residential
FUTURE LAND USE:	MU-U, Mixed-Use Urban

SUBMISSION DATA:
REQUESTED VARIANCE: Escambia County has purchased and renovated the Brownsville Assembly of God to become the Brownsville Community Center for Escambia County. Since this building is no longer part of the church, it has to provide its own parking for a standalone community center. There are 57 existing parking spaces and Escambia County is proposing to build 62 more for a total of 119 spaces that will be provided. Per the LDC the required amount for this building is 355 parking spaces, which requires a variance for 236 parking spaces. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 3-1.2.d Public assembly structure not otherwise listed, 1 per 5 seats or 1 per 35 sq. ft. of assembly area if no fixed seats. CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2-6.3
CRITERION (1)
Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district. FINDINGS-OF-FACT Staff does find special conditions unique to this site. This site was a church assembly at one time that used shared parking with other properties that are owned by the church. The current site is completely built out and the only way to add parking for this site is to build on other properties.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT The practical hardship unique to this site is not a result of actions of the applicant.
CRITERION (3)
Granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, buildings or structures in the same zoning district. FINDINGS-OF-FACT Given the unique features of this site, granting the requested variance would not confer on the applicant special privilege that is denied by this Land Development Code to other lands, buildings or structures in the same zoning district.
CRITERION (4)
Strict application of the provisions of the land development code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the land development code and would create an unnecessary and undue hardship on the applicant.. FINDINGS-OF-FACT Strict application of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district that do not have the same unique features.
CRITERION (5)
The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. FINDINGS-OF-FACT The requested variance is the minimum variance necessary given the unique hardship of the site.
CRITERION (6)
The granting of the variance will be consistent with the general intent and purpose of the land development code and that such variance will not be injurious to the area or otherwise detrimental to the public welfare. FINDING OF FACT: Given the unique hardships of the site, the requested variance would be consistent with general intent and purpose of the LDC. It also appears that the proposed variance would also not be injurious to the area or otherwise detrimental to the public welfare.
STAFF RECOMMENDATION:
Staff recommends approval of the parking spaces variance, contingent on the expansion of 62 more proposed parking spaces.
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS: The Board adopted Staff's findings and approved the request as submitted.

Attachments
V-2017-03