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95-2 :>- .. Q u LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 95-2 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA WHEREAS, the Land Development and Regulatory Agency of Edgewater, Florida, has made the following determinations: 1. Martin Paving, Inc. applied for a conditional use permit to operate a temporary asphalt plant on an approximately five (5) acre site on the property described below in the B-6, Highway Interchange Commercial District: 5.175 Acres in 8-18-34 W 1/2 exc RR R/W & exc N 175 ft. S of Edgewater Rd. being E 175 ft. of W 1783.38 ft. of NW 1/4 & exc. 1-95 ROW per OR 1840 PG 1060 exc 50% S/S res SW 1/4 & W 1/2 of NW 1/4 per DB 409 PG 429 per OR 2651 PG 1970. 2. On February 22, 1995, the Land Development and Regulatory Agency held a public hearing on the application after notifying 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 property directly affected by the proposed action. 3. After consideration of the testimony presented during the public hearing, including staff comments, and the standards for review of conditional use permits set out in section 612 of the Land Development Code of the city of Edgewater, Florida, the Land Development and Regulatory Agency has made the following determinations: a. Consistency with Local Code and Comprehensive Plan - The site is located within the City'S 1994 western annexation and accordingly, at this time still maintains its Volusia County Low Impact Urban future land use designation and B-6, Highway Interchange Commercial zoning classification. The Low Impact Urban designation permits a variety of commercial, residential and public uses. The B-6 zoning classification permits public uses as a special exception. since the temporary asphalt plant will be utilized for a state highway project, the requested conditional use qualifies as a public use. The proposed site is large enough to contain the asphalt plant, allowing for compliance with all setback and lot coverage requirements. The proposed use in therefore consistency with the applicable Land Development Code and Comprehensive Plan. b. Effect on Adiacent Properties (1) The proposed conditional use will not have an undue adverse effect upon nearby property in that the asphalt 95-2 i~ ~. Q o plant will be temporary. Once the project is concluded the plant will be removed from the site. The surrounding area contains the City's water treatment plant, a service station and vacant property. The closest residences are located to the south beyond the vacant parcels. (2) The proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. The vacant lands which are adjacent to the site are covered with dense vegetation which will screen the plant from any of the residences to the south of the site. (3) All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through building design, site design, landscaping, and screening in that the fuel tank on site is double lined and the plant will be surrounded by a staked silt fence to act as a sieve to treat stormwater. (4) The proposed conditional use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property in accordance with applicable district regulations in that the plant will generally be operated only during daylight hours, Monday through Friday. c. Adequacv of Public Facilities - The proposed conditional use will be served by adequate public facilities and services in that the portable asphalt plant should place almost no demands on the City's public facilities and services. There is existing driveway access to the site from state Road 442 which is adjacent to the site and provides a connection to I- 95. Therefore, no local roads will be effected by traffic from the site. since the plant is temporary, bottled water will be provided by a local vendor and portable toilets will be placed on site. Solid waste will be removed by a private hauler. No significant need for police and fire services is anticipated. d. Adequacv of Fire Protection The applicant has demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has agreed to maintain a 5000 gallon water tanker on site with threading on the tanker's hose fitting compatible with the Department of Fire and Rescue Services' hose fittings. In addition, the applicant will maintain several fire extinguishers on site. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that Martin Paving, Inc. shall be granted a conditional use permit to operate a temporary asphalt plant on the property described above subject to the following conditions: 1. Normal operation of the plant shall be limited to Monday through Friday only during daylight hours. Requests for extended hours or weekend operations will be made no later than 24 hours in advance to the City Engineer and Police Department. 2. A staked silt fence will be erected around the perimeter of the asphalt plant. 3. A 5000 gallon water tanker fitted with hose threads 95-2 .' o o compatible with the couplings used by the Department of Fire and Rescue Services will be kept on site at all times in addition to several fire extinguishers. 4. The plant shall not remain on site for more than 120 days unless an extension is granted by the Land Development and Regulatory Agency prior to the expiration of the 120 day period. Pursuant to section 615 of the Land Development Code, city of Edgewater, Florida, unless a building permit is secured within twelve (12) months of the date of this resolution, 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. In addition, the conditional use permit shall automatically expire if the use for which it was issued shall, for any reason, be discontinued for a period of twelve (12) consecutive months. After motion and second, the vote on this resolution was as follows: Chairman Dominick Fazzone Aye Vice Chairman Donald Masso Aye Mary Agrusa Aye Robert Garthwaite Aye Ronald Hildenbrand Aye Judith Lichter Aye Peter Moncure Aye PASSED AND DULY ADOPTED this 22nd day of February, 1995. ~~~?~oJ Sondr~Meaqer- e ~ Secretary LAND DEVELOPMENT AND REGULATORY AGENCY fa: e-. Dominick Fazzone Chairman L ATTEST: APPROVED FOR FORM AND CORRECTNESS: V 95-2