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94-2 ;, ~ ",-e...\o- o () LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 94-2 A RESOLUTION GRANTING A SPECIAL EXCEPTION FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA WHEREAS, the Land Development and Regulatory Agency of Edgewater, Florida, has made the following determinations: 1. Robert and Elizabeth Labiak applied for a special exception to section 606. 02 ( d) ( 1) of the Edgewa ter Zoning Ordinance to locate an adult congregate living facility (ACLF) in the B-3, Highway Service Business District on the following described property: That part of TRACT ONE, PELICAN COVE, as recorded in Map Book 35, page 66 of the Public Records of Volusia County, Florida, being more particularly described as follows: BEGIN at the Southwest corner of said TRACT ONE; thence North 26 degrees 24 .minutes 15 seconds West along the Westerly line of said TRACT ONE, a distance of 179.96 feet; thence North 89 degrees 58 minutes 39 seconds East along the Northerly line of said TRACT ONE, a distance of 180.64 feet; thence South 0 degrees 06 minutes 36 seconds West, a distance of 161.22 feet to a point on the South line of said TRACT ONE; thence South 89 degrees 58 minutes 42 seconds West along said South line, a distance of 100.30 feet to the POINT OF BEGINNING; said described tract containing 0.52 acre (22,646.54 square feet), more or less. 2. On February 23, 1994, the Land Development and Regulatory Agency held a public hearing on the application after publishing notice of such hearing in The News - Journal on February 7, 1994, and notifying by mail all abutting property owners. 3. After consideration of the testimony presented during the public hearing, including staff comments, and the standards for granting special exceptions set out in section 903.00 of the Edgewater Zoning Ordinance, the Land Development and Regulatory Agency has made the following findings of fact: a. The use requested is listed among the special exceptions in the district for which the application is made in that Section 606.02(d)(1) lists community residential homes as a special exception in the B-3, Highway Service Business District. The definition of a community residential home includes congregate care facilities of the type requested by the applicant. b. The requested use will not impair the character of the surrounding or adjoining districts nor be detrimental to the public health, morals or welfare. The proposed location for the ACLF is an existing structure that has been previously put to a commercial use. North of the project site beyond a vacant wooded LDRA94-2 ,. (J o strip of unincorporated land is the Friendly Shores Mobile Home Park. To the south is the Pelican Plaza Shopping Center. To the east are commercial structures. Finally to the west across the 100 foot u.S. Highway No. 1 right-of-way is vacant land. The potential for negative impacts on the character of this area is limited. The viability of the surrounding uses will not be impaired by a nearby ACLF. c. The requested use is in conformity with the land use plan in that the future land use designation on the subject property is commercial. There is no inconsistency between the ACLF and this designation. d. Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities to support the ACLF are currently in place. e. The proposed use will not increase traffic congestion in that an ACLF with less than fifteen residents will generate less traffic than normally associated with commercial uses. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that Robert and Elizabeth Labiak shall be granted a special exception to locate an adult congregate living facility (ACLF) in the B-3, Highway Service Business District on the property described above. Pursuant to Section 903.02 of the Edgewater Zoning Ordinance, if this special exception has not been exercised within one year of the date granted, it shall without further action become null and void. After motion and second, the vote on this resolution was as follows: Chairman Dominick Fazzone Aye Vice Chairman Donald Masso Aye Mary Agrusa Absent George Ewing Absent Robert Garthwaite Aye Danny Hatfield Aye Ronald Hildenbrand Aye PASSED AND DULY ADOPTED this 23rd day of February, 1994. LDRA94-2 2 l' ATTEST: <.) ~ ~~~~J SOhdra Me ger-pen ov "- Secretary LDRA94-2 3 (.) LAND DEVELOPMENT AND REGULATORY AGENCY APPROVED FOR FORM AND CORRECTNESS: Kr~~ City Attorney