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    6. 2.    
Board of Adjustment
Meeting Date: 04/20/2016  
CASE:    CU-2016-04
APPLICANT: Hammond Engineering, Inc., Agent for Black Gold of NWFL, LLC.
ADDRESS: Beck's Lake Road
PROPERTY REFERENCE NO.: 11-1N-31-1000-004-001  
ZONING DISTRICT: HC/LI  
FUTURE LAND USE: MU-U  
OVERLAY DISTRICT: Cantonment

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
The Applicant is requesting a Conditional Use to operate a borrow pit in HC/LI Zoning District.

RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended),
Sec. 3-2.11 Heavy Commercial and Light Industrial district (HC/LI), (c) Conditional uses, (5) b. Industrial and related.

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

Based on the Applicant's submitted site plan and request, the proposed operational footprint will be located South of the jurisdictional wetlands, providing a significant buffer from the residential subdivision to the North. Access will be provided from  Beck's Lake Road. The Applicant also owns the adjacent 126 acres of land to the East and North. Except for the residential neighborhood to the North, most of the adjacent properties are zoned Industrial or Heavy Commercial-Light Industrial, thus the proposed project location appears to be compatible with the characteristics and intensity of the surrounding uses. 
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 proposed use, the applicant stated that there will not be a requirement for public facilities and services.
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

Ingress and egress will be from Beck's Lake Road; currently the road supports heavy truck traffic for access to Hwy. 29 from adjacent operations. Further evaluation of site operations and layout will be conducted through the Development 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

All of the current requirements for borrow pit operations, to include scale, intensity and the regulation of other nuisances will have to meet adopted standards. The applicant stated that a geo-technical report has been performed, addressing the requirements for the wellhead protection areas for the Emerald Coast Utilities Authority. The Applicant also addressed concerns with impacts to the neighboring subdivision, stating that such impacts are minimized by the physical distance and characteristics of the land surrounding the project.  The proposed activity will need to be reviewed and approved by the Development Review Committee.    
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

Based on the Applicant's request the proposed operations are not a significant solid waste generator. On-site waste management will ultimately be reviewed and approved through 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:

The Land Development Code has very specific requirements for screening and buffering of borrow pit operations; these requirements 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:

The Applicant stated that no signage or lighting is proposed at this time. The Land Development Code has specific sign requirements for borrow pits that will be reviewed 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 current parcel size requirement for borrow pit operations is a minimum of 20 acres. The applicant's parcel is 59.36 acres, based on submitted documents, thus adequate enough to accommodate the proposed use. All of the site characteristics will be reviewed in depth 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 proposed use will have to meet all of the requirements for new borrow pit operations based on current regulations and on the evaluation and approval of the Development Review Committee. 
STAFF FINDINGS
Staff recommends approval of the Conditional Use pending approval of a Future Land Use change by the Department of Economic Opportunity. Final evaluation and approval of the specific project will be done by the Development Review Committee.
BOA DECISION
The Board accepted Staff Findings and approved the Conditional Use pending approval of a Future Land Use Change by the Department of Economic Opportunity.
Attachments
Working Case File CU-2016-04

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