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6. A.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
A 15,000 SF fenced outdoor display area, a 3,000 SF permanent trailer display area, and a permanent sidewalk display area out in front of the building totaling to 2,980 SF.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section Sec. 3-2.10(c)(8)a. and b. Commercial district (Com)
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the BOA may conditionally allow the following uses within the Commercial district:
(8) Other uses.
a. Outdoor sales not among the permitted uses of the district.
b. Outdoor storage not among the permitted uses of the district, including outdoor storage of trailered boats and operable recreational vehicles, but no repair, overhaul, or salvage activities. All such storage shall be screened from residential uses and maintained
to avoid nuisance conditions.
CRITERIA:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2-6.4(c)(3)
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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 parcel is located along the south section of Blue Angel Pkwy near the intersection with Sorrento road. Adjacent parcel to the south is zoned Commercial and fully developed as a retail store. The parcel to the immediate north is currently vacant, zoned Heavy Commercial and Light Industrial district (HC/LI). The proposed use, as requested can be conducted and operated in a manner that would be compatible with adjacent parcels. On July 22, 2020, the applicant attended a pre-application meeting with the Development Review Committee and received staff comments related to their proposed use and site plan. |
| 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 stated that public facilities are available and will be provided with the proposed development. If the Conditional Use is approved, the applicant will need to continue the process with the Development Review Committee for review of the proposed plans, to ensure compliance with the Land Development Code and Comprehensive Plan. |
| 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
Although the applicant did submit a proposed site plan, the information contained is preliminary and will need to be reviewed and approved via the established DRC process. If the Conditional Use is approved, the applicant will need to address the comments provided by staff during the pre-application meeting, and address the minimum requirements of the Land Development Code related to on-site circulation. |
| 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
Nuisances and hazards, as defined, will be reviewed during the DRC process for impact to properties in the immediate area. The proposed commercial use would be similar in scale and intensity to the existing developed properties in the immediate area. |
| 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
Waste containers are proposed on the site plan submitted by the applicant; as part of the site plan review during the DRC process, the location and buffering of containers will be addressed using current regulations. |
| 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:
Comments from planning staff related to screening and buffering for the proposed development were provided to the applicant during the pre-application meeting. If the Conditional Use is approved, the applicant must address the screening and buffering requirements of the Land Development Code. |
| 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:
All proposed signs and lighting will show on the site plan and will meet the requirements in the Land Development Code. The applicant has already received staff's comments addressing the permitting requirements. If the Conditional Use is approved, the applicant will continue with the DRC process to obtain final approval. |
| 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 applicant's submittal of a proposed site plan to the pre-application process for the intended use, shows that consideration was taken into producing a design on the parcel that can accommodate the proposed use and that can meet the requirements of the Land Development Code. The applicant will need to continue the review process by addressing DRC staff's comment received during prior meetings, in order to ensure compliance with current regulations. |
| 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 that need addressing. |
| STAFF FINDINGS |
| Staff finds that the applicant has addressed the Conditional Use requirements in the Land Development Code for the proposed use. Staff recommends approval of the Conditional Use, as requested, pending completion of the DRC process and receipt of a Development Order. |
| BOA DECISION |
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