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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
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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
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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.
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Sondr~Meaqer- e ~
Secretary
LAND DEVELOPMENT AND
REGULATORY AGENCY
fa:
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Dominick Fazzone
Chairman
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ATTEST:
APPROVED FOR FORM
AND CORRECTNESS:
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