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97-1 '( ~o....._ (.) Q LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 97-1 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. Vickie E. Hall applied for a conditional use permit pursuant to Section 606.01(d)(2) of the Edgewater Zoning Ordinance to allow the retail sale of gasoline in conjunction with a convenience food store on the property described below located in the B-2, Neighborhood Business Light Industrial District: Lot liB" Wildwood Subdivision, unit 1, as per plat thereof recorded in Map Book 35, Page 199, Public Records of Volusia County, Florida. 2. On January 29, 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 January 14, 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. The public hearing was continued until February 26, 1997. 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 606.0l(d)(2) of the Edgewater Zoning Ordinance provides that the retail sale of gasoline may be authorized as a conditional use in conjunction with a convenience food store in the B-2 District if all the requirements of Section 713 of the Edgewater Zoning Ordinance are met. The applicant has demonstrated compliance with the location and separation requirements for the placement of gas pumps set forth in Section 713. b. The proposed conditional use will not have an undue adverse effect upon nearby property in that adding gas pumps to the existing commercial site will not significantly alter the character of the existing use. c. In view of the fact that the land surrounding the proposed site contains a mix of uses such as industrial, mini-warehouses, a public park, single family homes and LDRA 97-1 1 ~ Q Q mobile homes, the proposed conditional use is compatible wi th the existing or planned character of the neighborhood in which it would be located. In the future the area along Park Avenue is likely to become more industrialized as vacant industrial sites develop. d. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity by locating the gas' pumps approximately 120 feet away from the residential property to the south. The minimum distance requirement is 25 feet. In addition, there is an existing fence which screens the rear of the convenience store. 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 applicant wishes to operate a typical convenience store with gas pumps. There is nothing about the construction or arrangement of the gas pumps that will interfere with the development or use of the surrounding properties. 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 addition of gas pumps 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 fire hydrant which is located adjacent to the site at the intersection of Park Avenue and wildwood Boulevard. h. The site has already been developed as a convenience store. Accordingly, there are no significant natural resources remaining on the subject property which will be impacted by further development. The proposed gas tanks will be required to meet all federal and state guidelines and will be inspected by both the Building Division and Department of Fire & Rescue Services during installation. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that Vickie E. Hall shall be granted a conditional use permit for the retail sale of gasoline in conjunction with a convenience food store 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. LDRA 97-1 2 , " o o After motion and second, the vote on this resolution was as follows: Chairman Donald Masso Aye vice Chairman Robert Garthwaite Absent Mary Agrusa Aye Dominick Fazzone Absent Ronald Hildenbrand Aye Judith Lichter Aye Peter Moncure Aye PASSED AND DULY ADOPTED this 26th day of February, 1997. ATTEST: ~~~ Secret.ary LAND DEVELOPMENT AND ~~ Donald Ma 0 Chairman APPROVED FOR FORM AND CORRECTNESS: LDRA 97-1 3