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92-9 <.) <; LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 92-9 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. Florida Power & Light applied for a special exception to Section 607.00(e) (3) of the Edgewater Zoning Ordinance to locate a one hundred eighty (180) foot unmanned telecommunication tower in the I-I Light Industrial District on the following described property: The Southerly 12 1/2 Chains (825 ft.) of u.S. Lot 4, Section 3, Township 18 South, Range 34 East lying Westerly of the Florida East Coast Railroad Right-of-Way, Except the Westerly 240ft. of the Southerly 495 ft. thereof. Containing 383,926.75 square feet or 8.8 acres, more or less. 2. On July 13, 1992, 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 6, 1992, 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 607.00 (e) (3) provides that structures above twenty-six (26) feet may be permitted as a special exception in the I-I, Light Industrial District. 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 in that the area surrounding the site is mixed with vacant land to the north which is designated Commercial and vacant land to the east which is designated Industrial. Developed land to the south and west contain duplexes and are designated Medium Density Residential. The applicant's site will not be altered significantly to accommodate the tower and associated hut. The character of the area will not be impacted. In regards to safety, the tower is designed to collapse upon itself and should not pose a threat to surrounding properties. c. The requested use is in conformity with the land use plan in that the future land use designation on the subject LDRA 92-9 t..) o property is Industrial and there is no inconsistency between the unmanned telecommunication tower and this designation. d. Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided. The facility requires no public infrastructure beyond access, electricity, and water and these items are already in place. e. The proposed use will not that a facility of this type daily or even weekly basis. the general public. NOW, THEREFORE, BE IT RESOLVED by the Land Development and increase traffic congestion in does not generate traffic on a It does not attract trips from Regulatory Agency of Edgewater, Florida, that Florida Power & Light shall be granted a special exception to locate a one hundred eighty (180) foot unmanned telecommunication tower 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 C. Peter Hellsten Aye vice Chairman Dominick Fazzone Aye George Ewing Aye Robert Garthwaite Aye Ronald Hildenbrand Aye Billy Klein Aye Donald D. Masso Aye PASSED AND DULY ADOPTED this 16th day of July, 1992. ATTEST: LAND DEVELOPMENT AND REGULATORY AGENCY ~~?~./ Son~ Meag -pengo Secretary t? ~ /~~ C. Peter Hellsten Chairman APPROVED FOR FORM AND CORRECTNESS: K~J ~(/ Krista A. Storey U City Attorney LDRA 92-9