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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 97-4
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. Coronado Paint Company, Inc. applied for a conditional use
permit pursuant to Section 607.01(e)(3) of the Edgewater Zoning
Ordinance to allow erection of structures in excess of twenty-six
(26) feet in height on the property described below located in the
1-2 Heavy Industrial District:
PARCEL 1: Lot No. 1 Block No.1, HAWK'S SUBDIVISION of
Sub Lot 39B ALVAREZ GRANT as recorded in Map Book 4, Page
58, Volusia County, Florida. Also described as Lot 1 in
Sub. Of Lot 39-B, ASSESSORS SUBDIVISION OF THE G. ALVAREZ
GRANT, as per Map Book 3, Page 51, Public Records of
Volusia County, Florida.
PARCEL 2: Lot 2, HAWK'S SUBDIVISION of Sub Lot 39B, G.
ALVAREZ GRANT, in Section 52, Township 17 South, Range 34
East, per map in Map Book 4, Page 58, Public Records of
Volusia County, Florida.
PARCEL 3: Lots Three (3) and Four (4), according to plat
of HAWKS SUBDIVISION of Lot Thirty-nine (39)B, ASSESSOR'S
SUBDIVISION OF G. ALVAREZ GRANT, section 52, Township 17
South, Range 34 East, per Map Book 4, Page 58, Public
Records of Volusia County, Florida.
2. On July 30, 1997, the Land Development and Regulatory
Agency held a public hearing on the application after publishing
notice of such hearing in The News-Journal on July 18, 1997, 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. Section 607.01(e)(3) of
the Edgewater Zoning Ordinance provides that structures
in excess of twenty-six (26) feet in height may be
authorized as a conditional use in the 1-2 District. The
Comprehensive Plan addresses broad land use and
infrastructure issues, not details as specific as
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structure heights in particular zoning districts.
Article 2 of Chapter 6 of the Land Development Code
provides for conditional uses.
b. The proposed conditional use will not have an undue
adverse effect upon nearby property. The applicant's
property already contains structures which exceed the 26
foot limit. Increasing the height of the proposed
structures to 34.3 feet will not effect the light or air
available to nearby properties nor are there any
foreseeable cumulative effects that will result from
adding the proposed structures.
c. In view of the fact that the land surrounding the
proposed site contains a mix of uses such as industrial
and single-family residential, the proposed conditional
use is compatible with the existing or planned character
of the neighborhood in which it would be located. In the
R-3, Single Family Residential District the height limit
is 35 feet.
d. All reasonable steps have been taken to minimize any
adverse effect of the proposed conditional use on the
immediate vicinity. The proposed roof-over will cover an
existing tank farm. The proposed warehouse will replace
an existing single story concrete block building which is
deteriorating. The project will improve the appearance
of the subject site. Therefore no specific steps are
necessary to minimize any negative effects from the
increase in building height.
e. The proposed conditional use will be constructed,
arranged and operated so as not to interfere with the
development and use of neighboring properties. The
proposed height increase will not unduly affect the
light, air movement or views available to nearby
properties. The proposed structures will meet the
required setbacks.
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 site plan process.
The height increase will not affect the City's ability to
provide potable water, wastewater, solid waste, police or
fire services to this site.
g. Fire protection will be provided through a 10 inch water
line installed by the applicant in conjunction with
earlier construction projects. Fire hydrants are in
place along Old County Road and provision has been made
for sprinkler systems to connect to this line through a
"T" valve.
h. In reference to environmental impact, the roof-over is
intended to cover an existing tank farm. The tank farm
already has containment in place. The floor of the new
warehouse will form a well for the containment of any
product leakage inside. The height increase will have no
environmental impact.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Coronado Paint
Company, Inc. shall be granted a conditional use permit for the
erection of a 35,195 square foot receiving warehouse and a 14,000
square foot roof-over an existing outdoor tank farm with an overall
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height of 34.3 feet above grade on the property described above.
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
Absent
Edna Hickok
Aye
Ronald Hildenbrand
Aye
Judith Lichter
Absent
Peter Moncure
Aye
PASSED AND DULY ADOPTED this 30th day of July, 1997.
ATTEST:
LAND DEVELOPMENT AND
G0~
Donald Masso --
Chairman
APPROVED FOR FORM
AND CORRECTNESS:
~y
Krista A. Storey 0
City Attorney
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