HomeMy WebLinkAboutR-23-05 Special Use Permit Mr. Clean Car WashRESOLUTION NO. R-23-05
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING A SPECIAL USE PERMIT PURSUANT TO LAND
DEVELOPMENT CODE SECTION 54-2-3.1 FOR A CAR WASH FACILITY TO
BE LOCATED AT 200 AND 203 SEBASTIAN BOULEVARD WITHIN THE
TRIANGLE OVERLAY DISTRICT'S CG (COMMERCIAL GENERAL)
ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SCRIVERNER'S ERRORS; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION
DATE.
WHEREAS, Guggenheim Development Services, LLC has filed an application for approval of
a special use permit to operate a commercial car wash on the properties located at 200 & 203 Sebastian
Boulevard in the Commercial General zoning district;
WHEREAS, the Planning and Zoning Commission held a quasi-judicial public hearing on
January 19, 2023, and recommended denial of the special use permit by a vote of five (5) to two (2);
and;
WHEREAS, in accordance with Section 54-2-3.1 (a) (3)-(4) of the Land Development Code,
City Council approved a special use permit based on the following Finding of Facts and Conditions of
Approval below.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. FINDINGS OF FACTS. The City Council of the City of Sebastian does
hereby find that that the following conditions are satisfied:
a. The requested car wash use 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 proposed car wash would be 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
C. The requested use is consistent with the Comprehensive Plan and the Code of
Ordinances.
Section 2. SPECIAL USE PERMIT APPROVAL. The City Council of the City of
Sebastian does hereby approve a special use permit for Guggenheim Development Services, LLC to
construct and operate a car wash facility at 200 & 203 Sebastian Boulevard, subject to the following
special conditions:
(1) A reduction in the number of vacuum stations based on results of the noise analysis;
(2) Submittal of a noise analysis;
(3) Industry standard recommended noise reduction measures are required for the car wash
equipment;
(4) Addition of increased landscape buffers for both noise reduction, and gateway
enhancement, i.e. a combination of walls & landscaping, increased height of landscape
buffers, increased number of trees, etc.
(5) Hours of operation limited at nighttime
(6) The building design must meet the Triangle Overlay District`s requirements (same as
the Riverfront Overlay District) regarding architecture, colors, and landscaping, but
enhanced to also meet the CRA Master Plan intentions
Section 3. SEVERABILITY. If any section or part of a section of this Resolution is
declared invalid or unconstitutional, the validity, force and effect of any other section or part of a
section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such
other section or part of a section of this Resolution is wholly or necessarily dependent upon the section
or part of a section so held to be invalid or unconstitutional.
Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 5. 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 further action of the City Council
by filing a corrected copy of same with the City Clerk.
Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
adoption.
Section 7. EXPIRATION DATE. The special use permit will expire five years from the
date of the effective date if construction of the facility has not yet begun.
The foregoing Resolution was moved for adoption by Councilmember Ed Dodd. The motion
was seconded by Councilmember Bob McPartlan and, upon being put into a vote, the vote was as
follows:
Mayor Fred Jones
eve
Vice -Mayor Christopher Nunn
aye
Councilmember Kelly Dixon
r0y
Councilmember Ed Dodd
aye
Councilmember Bob McPartlan
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 22No day of February
2023.
CITY OF SEBASTIAN. FLORIDA
Mayor Fred Jones
ATTEST:
ette Williams, MMC
,ty Clerk — - —
Approved as to form and content for
reliance by th City of So
n onl .
M Adon;�i., City Aewn7 '