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6. C.
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| Board of Adjustment |
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| SUBMISSION DATA: |
REQUESTED CONDITIONAL USE:
The Applicant is seeking Conditional Use approval to construct a kennel on a vacant, HC/LI zoned site.
RELEVANT AUTHORITY:
Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section:3-2.11(c)(6)
(6) Agricultural and related. Kennels or animal shelters not interior to veterinary clinics.
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.
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 part of a node of HC/LI zoning at an arterial/collector intersection. Nearby residential uses are buffered by natural vegetation and the parcels to the south are a cell tower site and a forestry station. With these factors, the proposed use is 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:
All necessary services for the use will be addressed at the site plan review stage. Sanitary sewer service is not available at this site and a septic system will be utilized. Potable water is available through Molino Utilities. |
| 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 site plan shows a driveway access off of Highway 29 with 16 parking spaces, one of which is ADA compliant. Additional review of access and parking will occur during site plan review. |
| 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 nature of a kennel, an expected nuisance would be noise. Current traffic noise from U.S. Hwy 29 is buffered by the existing natural vegetation that will be supplemented as required in site plan review. |
| 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 method and location of solid waste containers will need to meet all applicable LDC requirements.
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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:
Buffering will be required between this site and adjacent residential uses and zoning. The existing natural vegetation may need to be supplemented as determined by the site plan review process. |
| 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:
Any signs and lighting will be reviewed and meet the LDC requirements. |
| 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 site appears adequate to accommodate the proposed use and it will fit in with the mixed, low density uses in the area. |
| 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 proposed use does not have any additional use requirements in HC/LI zoning. |
| STAFF FINDINGS |
| The requested Conditional Use meets all of the required criteria and staff recommends approval as submitted. |
| BOA DECISION |
| The Board agreed with Staff's Findings and approved the Conditional Use. |
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