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    6. C.    
Board of Adjustment
Meeting Date: 12/20/2017  
CASE:    CU-2017-14
APPLICANT: Edward Vigil, Agent for JoAnn Catanese, Divisional VP, Real Estate Kmart Corporation, Owner
ADDRESS: 4211 Mobile Hwy
PROPERTY REFERENCE NO.: 34-2S-30-0110-013-011  
ZONING DISTRICT: Com, Commercial District  
FUTURE LAND USE: C, Commercial  
OVERLAY DISTRICT: N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
Conditional use to allow automobile sales, used autos only, and Automobile rental limited to the same restrictions as used automobile sales.
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.10.c.2.b and 3-2.10.c.2.c

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:

Mobile Hwy is a major arterial road that is heavily traveled; properties in the immediate area support a mixture of commercial and educational facilities. The proposed used automobile sales/rentals use is compatible with the adjacent properties and other properties in the immediate area.
CRITERION (b)
Facilities and servicesPublic 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 has utility connections and sanitary sewer infrastructure 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 site has ingress and egress from Mobile Hwy and North New Warrington Road; it appears that the previous commercial operations used the same access to the parcel as is proposed. Traffic flow, on-site parking, emergency vehicle access and pedestrian safety will 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 bufferingWhere 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 lightingAll 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 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 will comply with additional conditional use requirements of the zoning district and other provisions of the LDC.
STAFF FINDINGS

Staff finds that the proposed used for this parcel meets 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 of fact and approved the Conditional Use with the condition of obtaining a Development Order prior to commencing operations.
 
Attachments
CU-2017-14

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