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6. C.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional use request to allow for a salvage yard in HC/LI zoning and Conditional use request to allow a salvage yard within an Airfield Influence Planning District 1 (AIPD-1).
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.11(c)(5).c
c. Salvage yards not otherwise requiring approval as solid waste processing facilities
and Sec. 4-4.5 (b)(5).f.3
(5) AIPD-1 requirements
f. Conditional uses. The following uses require conditional use approval by the Board of Adjustment (BOA), regardless of whether they are permitted within the applicable zoning district:
1. Borrow pits and borrow pit reclamation.
2. Solid waste collection points, transfer stations, or processing facilities.
3. Salvage yards.
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)
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| 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 full range of uses allowed by the LDC definition of a salvage yard includes the disassembly, shredding, compaction, bailing, or other handling of scrap or discarded material or equipment for salvage, including metals, paper, rags, tires, bottles and cans, motor vehicles, machinery, appliances, and structural steel.
Given the mixed use nature of the surrounding properties and the close proximity to environmentally sensitive lands along Bayou Grande, the proposed use is not compatible with the surrounding area. |
| 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 applicant has stated that water, electric and sewer facilities are presently being used on site. All the following facilities and services are existing would still need to be reviewed through the Site Plan Review Process.
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| 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
There is an existing driveway onto Gulf Beach Highway that is being used by the owner for the current used car business. A site plan was has been submitted during the site plan pre-application process. The county would relying on Florida Department of Transportation for comments since Gulf Beach Hwy is a State roadway for ingress and egress access. There are no measurements at this time particularly regarding vehicle and pedestrian safety and convenience efficient traffic flow and control, on-site parking and loading, and emergency vehicle access, these will be reviewed 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
The proposed use could generate unreasonable noise, dust, odor, vibration, or other nuisances or hazards for adjoining properties and other properties in the immediate area. The nature of salvaging automobiles has the potential to accumulate flammable materials onsite which would create a nuisance within the Accident Potential Zone. |
| 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 states solid waste service is currently being used for the subject property, This will be further evaluated during the Site Plan Review Process.
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| 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 project will need to be approved through the Site Plan Review Process and meet the following Design Manual (DSM) criteria.
DSM 2-2 Landscape areas and quantities.
2-2.1 Parcel total. No parcel shall provide less than 15 percent landscape area, regardless of the minimum pervious lot coverage required by the applicable zoning district. On-site permeable retention/detention ponds and permeable swales qualify as landscape area if their maximum depths are no more than three feet and their side slopes are no steeper than 2:1 (horizontal to vertical).
2-2.3 Buffers. Based on broad land use categories, where a proposed new use or expanding existing use is likely to adversely impact an adjoining use, a landscape buffer is required to minimize or eliminate those impacts. The buffer shall protect the lower intensity use from the higher intensity use and provide an aesthetically attractive barrier between the uses. It shall function to reduce or eliminate incompatibility between uses such that the long-term continuation of either use is not threatened by impacts from the other. Buffers shall be provided according to the following standards:
a. Required by use. The character of adjoining land uses primarily determines the type of buffering required.
1. Residential and non-residential. All residential uses shall be buffered from all non-residential uses, other than passive recreation, conservation, or agricultural uses, according to the buffer types established in this section and following non-residential categories:
a. Heavy commercial and industrial. Heavy commercial and industrial uses consistent with the Heavy Commercial and Light Industrial (HC/LI) and Industrial (Ind) zoning districts shall provide a Type-C buffer supplemented with an opaque fence or wall. |
| 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 already has a sign for there used car lot. The salvage operation is an extension of the used car lot. However, during the Site Plan review process both the sign and exterior lights will be address. |
| 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 submitted plan for Development Review pre-application the size, shape and location of the parcel will not accommodate the proposed use. This site is very constrained to be part of any type of salvage yard. The aesthetic of of a salvage yard do not provide the same land use intensity as the surrounding properties. Most properties within a 500 ft radius are vacant or single family. There is only two commercial business within the area all other lots are single family or vacant. |
| 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 other specific Conditional Use requirements for this use beyond those of the zoning and airfield districts.
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| STAFF FINDINGS |
| Given the specific location of this proposed use relative to surrounding residential uses, natural areas, and the limitations of the APZ, staff recommends denial of the request. |
| BOA DECISION |
BOARD OF ADJUSTMENT FINDINGS
The Board agreed with Staff's Findings and denied the Conditional Use request. |
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