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    6. D.    
Board of Adjustment
Meeting Date: 05/15/2019  
CASE:    CU-2019-08
APPLICANT: Allara Mills Gutcher, Agent for Gulf Power
ADDRESS: Multiple addresses
PROPERTY REFERENCE NO.: Portions of 21-4N-31-1101-0000-00; 16-4N-31-1000-000-001; 22-4N-31-1000-000-000; and 15-4N-31-1101-000-000  
ZONING DISTRICT: Agricultural district (Agr)  
FUTURE LAND USE: Agriculture (AG) and Rural Community (RC)  
OVERLAY DISTRICT: NA

SUBMISSION DATA:
REQUESTED CONDITIONAL USE:
The request for the conditional use permit is to develop a solar power generation facility.
 
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.2 Agricultural district (Agr)., (c) Conditional uses, (5) Industrial and related, b. Power plants.

CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4
Sale of Alcohol, Section 4-7.5(e)
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 description of the proposed use and staff's review of the adjacent and surrounding properties, the proposed solar power generation facility can operate in manner that is compatible with the surrounding zoning permitted uses and intensities. Using the site survey signed and sealed by Robert A. Bannerman, PSM, dated 11-10-2017, submitted by the applicant, the proposed site will be 639.07 acres;  as proposed, no infrastructure will be necessary to serve this development. There will be no habitable space constructed as part of this development. The Facility will be monitored remotely and will not require onsite personnel for day-to-day operation. Personnel will occasionally visit the site to conduct required maintenance activities. If the conditional use is approved, the applicant must submit the project to the Development Review Committee for review, approval and to obtain a Development Order. 
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 applicant's description of the proposed project, no public facilities are needed to serve the development. There will be no demand for mass transit, school facilities, potable water, sanitary sewer, solid waste or parks. 
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

Based on the applicants description, ingress and egress to and from the site will be from W. Bogia Road. No other access points are planned. The ingress/egress point will be utilized by employees to construct, maintain, and operate the facility. Following construction, the site will be monitored remotely and will not require onsite personnel for day to day operation. No increase in traffic will be generated by the project on a typical day. This site will not be open to the general public. No pedestrian activity outside of employee activity will occur on-site. Once a formal project application is submitted, all of the requirements for new development will be reviewed and implemented 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

Based on the application language, no noise, glare, dust, smoke, odor, vibration, electrical interference or other nuisances will be generated as a result of this development. The photovoltaic solar panels proposed for installation at the site are designed with anti-reflective coating and are designed to absorb light rather than reflect it. This site will be a passive generation facility. No effects on the surrounding properties are anticipated. All of the development standards in the LDC will be reviewed 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
Based on the application and the type of development, as proposed, there will be no solid waste located on-site. During the Site Plan Review process the plan will be review against current regulations and comments to address solid waste will be provided , if nrequired by the current regulations.
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:
The parcel's size and the location of the proposed development will serve as natural screening and buffering for surrounding properties; those specific standards will be reviewed for and applied 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:
Based on the application, exterior lighting will be restricted to the solar collector yard area and used only during maintenance operations at night. Although the applicant did not address signs, any proposed signs 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:
Based on the applicant's analysis of the land surface requirement to build a facility as proposed, it appears that the area identified by the survey provided, will accommodate the proposed use. Although there are large portions of the parcel identified as wetlands and FEMA's Special Flood Hazard Area (SFHA), the applicant is actively working with County staff to minimize and mitigate any potential environmental impacts; the nature of the proposed project will continue to provide the open space protection and reinforce the area's habitat biodiversity and ecology. 
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:
There are no additional conditional use requirements of the applicable zoning for the proposed use.
 
STAFF FINDINGS
Staff recommends approval of the Conditional Use request, pending receipt of a Development Order from the Development Review Committee. 
BOA DECISION
BOARD OF ADJUSTMENT FINDINGS


The Board agreed with Staff's Findings and approved the Conditional Use.
Attachments
Working Case File

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