HomeMy WebLinkAboutR-20-01 Rejected Special Exception Request - Family Heating & Air, Inc.Motion by Council Member Hill with
second by Vice Mayor Mauti to reject the special
exception requested via Resolution No. R-20-01
RESOLUTION NO. R-20-01 passed with a vote of 4-1
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION TO
SECTION 54-2-5.4(c) OF THE LAND DEVELOPMENT CODE TO
ALLOW INDUSTRIAL ACTIVITIES WITHIN THE COMMERCIAL
RIVERFRONT ZONING DISTRICT, SPECIFICALLY FOR A
PROPERTY LOCATED AT 908 US HIGHWAY #1; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Family Heating & Air, Inc. has filed an application for approval of a
special exception to allow industrial activities (contractor trades) as a conditional use in the
Commercial Riverfront (CR) Zoning District for a property located at 908 US Highway #1 and
owned by G & S Properties and Management, LLC; and
WHEREAS, the Planning and Zoning Commission held a public hearing on January 16,
2020, and by a 4-3 vote recommended denial of the special exception;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. FINDINGS. The City Council of the City of Sebastian does hereby find:
The approval of the application for a special exception will not be
detrimental to the public safety, health or welfare, or be injurious to other
properties or improvements within the immediate vicinity in which the
property is located based on criteria established in the Land Development
Code; and
b. The use requested is consistent with the purpose and intent of the
respective district, and can be demonstrated to be similar in nature and
compatible with the uses allowed in such district; and
The requested use is consistent with the Comprehensive Plan and the Code
of Ordinances.
Section 2. APPROVAL. The special exception application from Family Heating
and Air, Inc. for industrial activities as a conditional use in the Commercial Riverfront zoning
district, specifically for a property located at 908 US Highway #1, is approved with the following
conditions:
• The special exception is granted for the specified address only, and
explicitly for Family Heating and Air. The exception does not transfer to
a future business at this address, or with Family Heating and Air to a
different location
• No further site expansion allowed
• The property, through a site plan modification process, and with the
services of a civil engineer, is brought into compliance with all current
codes, including the Riverfront Overlay District requirements,
incorporating parking, landscaping, utilities (sewer, if available), and
stormwater infrastructure within 9 months from date of approval. Until
the site is in compliance, warehousing and fleet operations will remain off -
site.
• No outside storage
• No fleet operations, including parking or loading shall be allowed within
the public right-of-way or any shared access easements.
• A Business Tax Receipt is applied for and received for the business
operation, including a Life Safety permit, if necessary
• Permits, approvals, and compliance with the Riverfront Overlay District
regulations are received for all signage, including on windows
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section4. SCRIVENER'S ERRORS. Sections of this resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect the intent
may be authorized by the City Manager, or the City Manager's designee, without need of public
hearing, by filing a corrected or re -codified copy of same with the City Clerk.
Section 5. EFFECTIVE DATE.
upon its adoption.
This resolution shall take effect immediately
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Charles Mauti
Councilmember Damien Gilliams
Councilmember Jim Hill
Councilmember Pamela Parris
The Mayor thereupon declared this Resolution duly passed and adopted this 12'" day of
February,2020.
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
City dUtorney
3
CITY OF SEBASTIAN, FLORIDA
By:
Ed Dodd, Mayor