97-R-15RESOLUTION NO. 97-R-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, GRANTING A CONDITIONAL
USE PERMIT FOR CERTAIN PROPERTY IN EDGEWATER,
FLORIDA, LOCATED AT 1511 MANGO TREE DRIVE;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
1. Jesusa H. Wheeler applied for a conditional use permit pursuant to Section
603.01(c)(3) of the Edgewater Zoning Ordinance to allow an institutional residential home on the
property described below in the R-4, Multi -Family Residential District:
The North 116.50 feet of the South 693 feet of the West 273 feet of U.S.
Government Lot 3, Section 3, Township 18 South, Range 34 East, Volusia County
2. On March 26, 1997, the Land Development and Regulatory Agency (LDRA) held a
public heating on the application and denied the requested conditional use permit. Pursuant to
Section 611.04 of the Land Development Code, on April 25, 1997, Jesusa H. Wheeler filed a written
request appealing the decision of the LDRA.
On June 16, 1997, the City Council held a public hearing on the application after
notifying by mail all property owners who own real property directly affected by the proposed action
and all property owners who own real property within 500 feet of the subject property.
4. After consideration of the testimony presented during the public hearing, including
staff commems, the decision of the LDRA, the statements of the applicant and the criteria for granting
conditional use permits set out in Section 612 of the Land Development Code, the City Council has
made the following determinations:
a. The request is in compliance with the Land Development Code, the City of
Edgewater Comprehensive Plan and the Edgewater Code of Ordinances in that
institutional residential homes are permitted in the R-4 District. The use proposed by
the applicant meets the definition of an institutional residential home.
b. The proposed conditional use will not have an undue adverse effect upon near by
property in that the proposed use is a dwelling unit intended to provide an assisted
living environment for elderly residents. Even though the site will have a full-time
staff, it would be unusual for a facility of this type to generate noise or other nuisances
that would have significant impacts on the surrounding uses.
C. The proposed conditional use is compatible with the existing or planned character of
97—R-15
Florida:
the neighborhood in which it would be located in that the location is within the R-4,
Multi -Family Residential District adjacent to single family homes and duplexes. The
proposed use is residential in nature.
d. All reasonable steps have been taken to minimize any adverse effect of the proposed
conditional use on the immediate vicinity in that the applicant proposes to retain the
residential character of the site.
e. The proposed conditional use will be constructed, arranged, and operated so as not
to interfere with the development and use of neighboring property in that the
proposed use is residential in nature with most activities occurring inside the primary
structure.
f All public facilities and services necessary to support the proposed conditional use are
in place.
g. Adequate fire protection will be provided.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Section 1. The request of Jesusa H. Wheeler for a conditional use permit to allow an
institutional residential home on the above described property is hereby granted subject to the
following conditions:
a. The footprint of the existing structures on the site shall not be expanded.
b. No alterations shall be made to the exterior appearance of the structures or property
that are not in keeping with a residential character.
C. Connection to the City's wastewater system shall be required.
d. The number of residents shall not exceed fourteen (14).
Section 2. All resolutions or parts of resolution in conflict herewith be and the same are
hereby repealed.
Section 3. This resolution shall take effect upon adoption.
After Motion by Councilman Mitchum and Second by Councilman Hatfield, the vote on this
resolution is as follows:
Mayor Jack Hayman, Sr.
AYE
Councilman Danny Hatfield
AYE
Vice Mayor Louise A. Martin
AYE
Councilman Mike Hays
AYE
Councilman David L. Mitchum
AYE
97-R-15 2
J
PASSED AND DULY ADOPTED this 16th day of June, 1997.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Louise A. Martin
Vice Mayor
APPROVED FOR FORM &
CORRECTNESS:
�A. Storey
City Attorney
97-R-15