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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
Conditional Use to allow for a drive-thru restaurant in commercial zoning within 200 feet of Low Density Residential (LDR) zoning.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: Sec. 3-2.10(c)
Conditional uses (3)a
a. Restaurants not among the permitted uses of the district.
CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Sec. 2-6.4
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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 proposed use of a drive-thru restaurant is compatible with the surrounding uses including nearby restaurants with drive-thru service. |
| 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 will utilize the same public facilities and services which are available and adequate for the existing nearby restaurants. |
| 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
On-site circulation will need to meet all of the LDC requirements imposed through the development/ 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 is not anticipated to provide any nuisance or hazard to the adjoining properties. The nearby LDR zoning is on a landlocked, majority wetlands parcel. |
| 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
Solid waste service will need to meet all of the LDC requirements imposed through the development/ 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
Screening and buffering will need to meet all of the LDC requirements imposed through the development/ site plan review process. Surrounding parcels are mostly undeveloped and wooded. |
| 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
Per the applicant, all signs and lighting will be compatible with all of the existing surrounding parcels and uses which will need to meet all of the LDC requirements imposed through the development/ 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 proposed parcel appears adequate to accommodate the proposed Conditional Use and will need to meet all of the LDC requirements imposed through the development/ 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 specific use requirement for this case is the dinstance from residential zoning. That requirement is intended to reduce noise impacts from a drive-thru kiosk. Given that the LDR zoning is on a landlocked, majority wetlands parcel this isn't a concern for this case.
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| STAFF FINDINGS |
| Staff finds that the proposed use can meet all of the required criteria and approval is recommended. |
| BOA DECISION |
| BOARD OF ADJUSTMENT FINDINGS |
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