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    7. 1.    
Board of Adjustment
Meeting Date: 11/19/2014  
CASE:    CU-2014-04
APPLICANT: Thomas G. Hammond, Jr., P.E., Agent for Haytham Humeda, Owner
ADDRESS: 6763 North Palafox Street
PROPERTY REFERENCE NO.: 27-1S-30-3101-001-053  
ZONING DISTRICT: C-1, Retail Commercial District (cumulative)  
FUTURE LAND USE: C, Commercial  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:

The Applicant is seeking Conditional Use approval to allow used auto sales in C-1 zoning.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: LDC 6.05.14.C.5.

5. Used automobile sales. In addition to other conditional use criteria, parcel must be one acre or less in size; there must be a three-foot tall hedge along the right-of-way line; no intrusions are permitted on the public right-of-way (see section 6.04.09); and it cannot be a C-1 parcel fronting on "gateway" arterial streets which are specified as Sorrento Road/Gulf Beach Highway/Barrancas Avenue (SR292), Blue Angel Parkway (SR173) and Pine Forest Road from I-10 to SR173, Navy Boulevard (SR295 and US98), and Scenic Highway (SR10A).

CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2.05.03 
CRITERION (1)
On-site circulation. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, on-site parking and loading, and access in case of fire or catastrophe.

FINDINGS-OF-FACT

The site will be accessed by a curb cut and parking lot along Old Palafox. Internal circulation, parking and handicaped access will be reviewed during the site plan review process.
CRITERION (2)
Nuisance. Adverse impact such as noise, glare, smoke, odor or other harmful effects (electrical interference, hazardous materials, etc.) of the conditional use on adjoining properties and properties generally in the District.

FINDINGS-OF-FACT

As shown on the site plan, the proposed use should not have any new adverse impacts on the adjacent properties .
CRITERION (3)
Solid Waste. Refuse and service areas with particular reference to concurrency requirements and items (1) and (2) above.

FINDINGS-OF-FACT

The Applicant will be responsible for providing solid waste service for the proposed use.
CRITERION (4)
Utilities. Utilities with reference to concurrency requirements, location, availability and compatibility with surrounding land uses.

FINDINGS-OF-FACT

Ultilities are avialable for the site and will be provided as needed.
CRITERION (5)
Buffers. The buffer may be a landscaped natural barrier, a natural barrier or a landscaped or natural barrier supplemented with fencing or other man-made barriers, so long as the function of the buffer and the intent of Policy FLU 1.1.9 of the Comprehensive Plan and the provisions of Section 7.01.06 of the Land Development Code are fulfilled.

FINDINGS-OF-FACT

The proposed use will be reviewed for landscape and buffer standards during the Site Plan Review process. 
CRITERION (6)
Signs. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the District.

FINDINGS-OF-FACT

All signage will be reviewed by staff and must meet all applicable LDC regulations.
CRITERION (7)
Environment impact. Impacts to protected trees, wetlands, water bodies, stormwater management or other natural features of the subject parcel.

FINDINGS-OF-FACT

The proposed project will be reviewed for environmental impacts and stormwater management during the Site Plan Review process.
CRITERION (8)
Neighborhood impact. General compatibility with adjacent properties and other property in the immediate area.

FINDINGS-OF-FACT

Given the surrounding uses and prior commercial use of the site, the proposed use is compatible with the surrounding area.

CRITERION (9)
Other requirements of Code. The proposed Conditional Use is consistent with all other relevant provisions of this Code.

FINDINGS-OF-FACT

Per LDC 6.05.14.C.5, there must be a three-foot tall hedge along the right-of-way line and no intrusions are permitted on the right-of-way.
STAFF RECOMMENDATION

Staff finds that the request can meet all of the required criteria and recommends approval of the request as submitted.

BOARD OF ADJUSTMENT FINDINGS:

The Board adopted Staff's findings and approved the Conditional Use as requested.

Attachments
Working Case File CU-2014-04

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