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6. B.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
The Applicant is seeking Conditional Use approval for used autos sales in a Commercial zoning district.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.10 C.(2)b.
b. Automobile sales, used autos only, excluding parcels fronting on any of the following streets: Sorrento Road/Gulf Beach Highway/Barrancas Avenue (SR 292); Blue Angel Parkway (SR 173); Pine Forest Road, south from Interstate 10 to State Road 173; Navy Boulevard (SR 295 and US 98); and Scenic Highway (SR 10A and US 90). Additionally, the parcel shall be no larger than one acre and provided with a permanent fence, wall, or other structural barrier of sufficient height and mass along all road frontage to prevent encroachment into the right-of way other that through approved site access.
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)-2.10
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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.
If this is for the sale of alcohol within a 1000 ft of a place of worship or child care facility; please explain 1- 5 below:
1.The existing times of use of the places of worship or child care facilities coincide with the hours of operation of the subject business.
2.The 1000-foot minimum distance is not achieved.
3.The conflicting uses are visible to each other.
4. Any on-premises consumption is outdoors.
5. Any conditions or circumstances mitigate any incompatibility.
FINDINGS-OF-FACT:
The subject parcel is a vacant commercial property previously used as a convenience store with gas pumps. Given the surrounding commercial uses and close proximity to an arterial/arterial intersection, the proposed use is compatible with the 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:
Adequate facilities are available to the site and will be provided following site plan review. |
| 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 current site design appears to be adequate to serve the access and parking needs for the proposed use. |
| 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:
Given the proposed use and surrounding uses/zoning, no nuisances or hazards are anticipated with this request. |
| 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 requirements imposed through 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:
For this use, the LDC requires that this site must be, "provided with a permanent fence, wall, or other structural barrier of sufficient height and mass along all road frontage to prevent encroachment into the right-of way other that through approved site access." |
| 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:
Signs and lighting for the proposed use will need to be permitted and meet LDC requirements through 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:
This existing commercial parcel appears adequate to accommodate the proposed Conditional 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 specific use requirements are the screening/barrier along the right-of-way. This will be reviewed for adequacy during the site plan review process. |
| STAFF FINDINGS |
| Staff finds that the proposed use can meet all of the required criteria and approval is recommended. |
| BOA DECISION |
| The applicant was not present at the meeting and the BOA voted to drop the case from the agenda. |
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