Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT December 16, 2015–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104

Call to Order.

Swearing in of Staff and acceptance of Staff as expert witnesses.

Acceptance of the BOA Meeting Package with the Development Services Staff Findings-of-Fact, into evidence.

Proof of Publication and waive the reading of the legal advertisement.

Approval of the November 18, 2015 Resume Minutes.

Consideration of the following cases:

Case No.: V-2015-14

Address: 4615 Mobile Hwy.
Request: Sign Variance
Requested by: Nader Ghobrial, Agent for Fadi Mubarak, Owner

Case No.: CU-2015-09

Address: 6025 & 6029 W. Nine Mile Rd.
Request: Educational Facility in LDR Zoning
Requested by: Nicholas R. King, P.E., Agent for School Board of Escambia County

Discussion Items.

Old/New Business.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, January 20, 2016 at 8:30 a.m., at the Escambia County Central Office Complex, Room 104, 3363 West Park Place.

10.

Adjournment.


Board of Adjustment		5.
Meeting Date:	12/16/2015

Attachments
Minutes 11-18-15 Mtg.


Board of Adjustment		6. 1.
Meeting Date:	12/16/2015
CASE:	V-2015-14
APPLICANT:	Nader Ghobrial, Agent for Fadi Mubarak, Owner
ADDRESS:	4615 Mobile Hwy.
PROPERTY REFERENCE NO.:	14-2S-30-8001-001-001
ZONING DISTRICT:	COM, Commercial
FUTURE LAND USE:	C, Commercial

SUBMISSION DATA:
REQUESTED VARIANCE: The Applicant is seeking an after the fact variance to increase the allowed signage on an existing commercial site. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section: 5-8.1 CRITERIA Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 2-6.3
CRITERION (1)
Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district. FINDINGS-OF-FACT Staff was not provided with enough information to make a finding on this criterion.
CRITERION (2)
The special conditions and circumstances do not result from the actions of the applicant. FINDINGS-OF-FACT The signs were installed without a permit from the county.
CRITERION (3)
Granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, buildings or structures in the same zoning district. FINDINGS-OF-FACT Staff was not provided with enough information to make a finding on this criterion.
CRITERION (4)
Strict application of the provisions of the land development code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the land development code and would create an unnecessary and undue hardship on the applicant.. FINDINGS-OF-FACT Staff was not provided with enough information to make a finding on this criterion.
CRITERION (5)
The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. FINDINGS-OF-FACT Staff was not provided with enough information to make a finding on this criterion.
CRITERION (6)
The granting of the variance will be consistent with the general intent and purpose of the land development code and that such variance will not be injurious to the area or otherwise detrimental to the public welfare. FINDING OF FACT: Staff was not provided with enough information to make a finding on this criterion.
STAFF RECOMMENDATION:
Staff is unable to make a finding based on the information submitted.
BOA DECISION
The Board granted a 30 day continuance and scheduled this case for the January 20, 2016 meeting.

Attachments
Working Case File V-2015-14


Board of Adjustment		6. 2.
Meeting Date:	12/16/2015
CASE:	CU-2015-09
APPLICANT:	Nicholas R. King, P.E., Agent for School Board of Escambia County
ADDRESS:	6025 & 6029 W. Nine Mile Rd.
PROPERTY REFERENCE NO.:	07-1S-31-1220-000-003, 07-1S-31-1220-001-001
ZONING DISTRICT:	Low Density Residential, (LDR)
FUTURE LAND USE:	Mixed-Use Suburban, (MU-S)
OVERLAY DISTRICT:	N/A

SUBMISSION DATA:
REQUESTED CONDITIONAL USE: Conditional Use approval to allow an educational facility in a LDR zoning district. RELEVANT AUTHORITY: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 3-2.5.c.2.b b. Educational facilities, excluding preschools or kindergartens independent of other elementary grades. CRITERIA: Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section 2.6.4
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 new public middle school will be compatible with adjacent properties and other properties in the immediate 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 proposed new public middle school will be addressed on a major arterial road, SR No. 10 - US Highway 90/West Nine Mile Rd, where a PD&E study has been completed by FDOT and is now in the design phase to be four lanes from Mobile Hwy. to Beulah Rd. The level of services and adequate capacity to serve the proposed use will be addressed during the Site Plan Review process.
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 property project is proposing multiple access points, one at Rebel Road, one at Beulah Church Road, and one at Nine Mile Road. All access points will be further 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 Staff does not find any anticipated nuisances or hazards associated with the proposed use.
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 is available for the subject property.
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 standards will be reviewed during 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: All proposed signage and lighting will be addressed during the Site Plan Review process to comply with Chapter 5 general development standards, Article 8 for signage and Article 9.3 for lighting.
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 use will be compatible with the surrounding mix of high and low residential uses along with some commercial uses that are located in and out of the 500 foot buffer.
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 Conditional Use is consistent with all other relevant provisions of this Code.
STAFF FINDINGS
Staff recommends that the Board approve the proposed Conditional Use request as submitted.
BOA DECISION
The Board adopted Staff Findings and approved the Conditional Use as submitted.

Attachments
Working Case File #CU-2015-09