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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 96-4
A RESOLUTION GRANTING A CONDITIONAL USE
FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA
WHEREAS, the Land Development and Regulatory Agency of
Edgewater, Florida, has made the following determinations:
1. David McCallister applied for a conditional use permit to
construct an institutional residential home on the property
described below in the R-4, Multi-Family district:
A portion of u.s. Lot 3, Section 2, Township 18 South,
Range 34 East and being more particularly described as
follows: BEGINNING at the Southwest corner of Lot 15,
Highway Subdivision, according to plat thereof recorded
in Map Book 8, Page 222 of the Public Records of Volusia
County, Florida: thence S 890 20' 55" W along the
Northerly line of Pelican Cove West Phase I Subdivision,
according to plat thereof recorded in Map Book 38, Pages
172 and 173 of the Public Records of Volusia County,
Florida, a distance of 361.50 feet; thence N 000 28' 23"
E, a distance of 361.50 feet; thence N 890 20' 55" E, a
distance of 361. 50 feet to the Westerly line of said
Highway Subdivision; thence S 000 28' 23" W along said
Westerly line, a distance of 361.50 feet to the Point of
Beginning.
2. On August 28, 1996, the Land Development and Regulatory
Agency held a public hearing on the application after publishing
notice of such hearing in The News-Journal on August 14, 1996, and
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.
3. After consideration of the testimony presented during the
public hearing, including staff comments, and the criteria for
granting conditional use permits set out in Section 612 of the Land
Development Code, the Land Development and Regulatory Agency has
made the 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 Section 603.01 (c) (3)
of the Edgewater Zoning Ordinance permits institutional
residential homes as conditional uses in the R-4, Multi-
Family district. The proposed use meets the definition
of an "institutional residential home" set forth in
Article II of the Edgewater Zoning Ordinance. Section
603.01(c) (3) was added to the Zoning Ordinance to satisfy
the intent of Objective 7 of the Housing Element of the
Edgewater Comprehensive Plan and state law which requires
communities to make provisions for group homes and
congregate living facilities in residential areas.
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b. The proposed use is a dwelling unit intended to provide
an assisted living environment for elderly residents.
While the site will have a full-time staff and will be
visited by delivery trucks more frequently than a typical
dwelling, it will not have an undue adverse effect upon
nearby properties.
c. The land to the north and west of the proposed site is
vacant commercial property. To the east of the site is
a strip commercial shopping center. South of the site is
the Pelican Cove West subdivision which contains a mix of
single-family homes and duplexes. The planned location
for the institutional residential home is between the
subdivision and the commercial property to the northeast.
Accordingly, the proposed conditional use is compatible
with the existing or planned character of the
neighborhood in which it would be located.
d. The proposed conditional use will be located on a 3.185
acre parcel which will provide adequate parking, drainage
and open space. The applicant has proposed a fifteen
(15) foot wide landscape buffer around the perimeter of
the property. In addition, a six (6) foot high concrete
block fence is planned for the southern property line
adjacent to Pelican Cove West. Therefore, steps have
been taken to minimize any adverse effects of the
proposed conditional use on the immediate vicinity.
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
front entrance of the site and most of the parking will
be oriented towards Falcon Avenue and away from the
subdivision. The remainder of the parking and rear
entrances to the building are oriented to the west.
Closest to the subdivision along the south property line
is a vehicle drive and a stormwater detention facility.
f. All public facilities and services necessary to support
the proposed conditional use are already in place or will
be provided pursuant to the required subdivision and site
plan process.
g. The proposed conditional use will have adequate fire
protection through a combination of fire hydrants and a
sprinkler system. The water supply to the site will be
adequate to meet the fire flow as determined by the
Department of Fire and Rescue Services. A fire sprinkler
system will fully protect the interior of the facility
and include all attic spaces and other enclosed spaces in
accordance with the requirements of the Department of
Fire and Rescue Services.
h. The proposed site is comprised of uplands and contains no
significant vegetative communities. An active gopher
tortoise burrow was found on the site. Accordingly, the
applicant has contracted with Biological Consulting
Services, Inc. to perform a survey of the tortoises on
the property and to obtain a permit.from the State for
relocation elsewhere on the McCallister property.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that David McCallister
shall be granted a conditional use permit to construct an
institutional residential home on the property described above.
This permit shall be subject to two (2) conditions.
First, the
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applicant must obtain a permit from the Florida Game and Fresh
Water Fish Commission for relocation of the gopher tortoises.
Second, all routine deliveries to the institutional residential
home shall occur between the hours of 8:00 a.m. and 5:00 p.m..
Pursuant to section 615 of the Land Development Code, the
conditional use permit shall be valid for the purposes of obtaining
a building permit for twelve (12) months from the date of approval.
Unless a building permit is secured within twelve (12) months and
construction subsequently undertaken pursuant to such building
permit, the conditional use permit shall automatically expire
unless the permit is extended upon application to the Land
Development and Regulatory Agency.
After motion and second, the vote on this resolution was as
follows:
Chairman Donald Masso
Aye
vice Chairman Robert Garthwaite
Aye
Mary Agrusa
Aye
Dominick Fazzone
Aye
Ronald Hildenbrand
Aye
Judith Lichter
Aye
Peter Moncure
Absent
PASSED AND DULY ADOPTED this 28th day of August, 1996.
ATTEST:
LAND DEVELOPMENT AND
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Donald Masso .
Chairman
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Sondra'Meager-Pengov
Secretary
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
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