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6. 2.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
The Applicant is requesting a conditional use to include the use of outside storage of heavy vehicles and portable roll-off containers and the inside storage of petroleum products. This conditional use is relying on Development Order# 07032186 approved on May 23, 2007. This Development Order was issued under the Escambia County Land Development Code that was in effect at that time.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:6.05.18. (C)(3)
3. Solid waste transfer stations, collection points, and/or processing facilities.
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 proposed use is currently being conducted and in operation. The oil storage operations occur in a 12,000 square foot metal building located on the west side of the property. The property is screened by a wood privacy fence. |
| 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 facilities and services adequately provide capacity to serve the requested use and are consistent with capacity requirements within the 12,000 square foot metal building. |
| 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 requested use does not modify the current ingress to and egress from the site. Existing traffic flow and control, on-site parking and loading, and emergency vehicle access will not be modified by the requested use. |
| 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 scale, intensity, and operation of the requested use will not generate any nuisances or hazards for adjoining properties and other properties in the immediate area as submitted by the applicant. Based on the submitted application, operations are conducted during commercial business hours of 6 a.m. to 6 p.m. Monday through Saturday with minimal noise from commercial vehicles typically at the start of the shift and end of the shift. Also, as stated on the submitted application, occasional after hours use will be required for emergency response situations. |
| CRITERION (e) |
Solid waste. All onsite solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts.
FINDINGS-OF-FACT
Onsite portable roll-off containers are screened by a privacy fence and shall be empty unless being actively used by operations on the property as stated by the application. |
| 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 operations are screened by a privacy fence. Based on the applicant's request the storage of petroleum products will occur inside the 12,000 square foot building. |
| 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:
No additional signs and lighting are proposed for the requested use. |
| 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 requested use will not change the existing site characteristics. |
| 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 conditional use is consistent with all other relevant provisions of this Code. |
| STAFF FINDINGS |
Staff recommends that the Board approve the proposed conditional use as requested by the applicant.
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| BOA DECISION |
The Applicant stated he may not need the Conditional Use, and the Board voted to remand the case back to Staff for further review until a date uncertain. |
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