HomeMy WebLinkAboutR-23-06 Special Use Permit Take 5 Car WashRESOLUTION NO. R-23-06
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 1979 U.S. HIGHWAY #1 WITHIN THE RIVERFRONT
OVERLAY DISTRICT'S CR (COMMERCIAL RIVERFRONT) 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, Driven Brands has filed an application for approval of a special use permit to
operate a commercial car wash on the property located at 1979 U.S. Highway #1 in the Commercial
Riverfront zoning district; and
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 four (4) to three (3);
and
WHEREAS, in accordance with Section 54-2-3.1(a)(3) and (4) of the Land Development
Code, City Council considered the application 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 the following conditions are satisfied:
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 Driven Brands to construct and operate a car
wash facility at 1979 U.S. Highway #1, subject to the following special conditions:
(1) Industry standard recommended noise reduction measures are required for the car wash
equipment;
(2) The proposed architectural rendering for the car wash is revised to meet all of the
design and color criteria of the Riverfront Overlay District requirements;
(3) All existing Oak trees and Cabbage Palms located on the site shall be preserved. All
existing trees located adjacent to the property boundary lines shall be protected during
construction. Tree protection measures shall be detailed in the site plan.
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 (5) years from
the date of the effective date if construction of the facility has not yet begun.
The foregoing
McPartlan
Resolution was moved for
The motion was
adoption by Councilmember
seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Fred Jones
nay
Vice -Mayor Christopher Nunn
ave
Councilmember Kelly Dixon
nay
Councilmember Ed Dodd
ave
Councilmember Bob McPartlan
ave
The Mayor thereupon declared this Resolution duly passed and adopted this 22No day of March 2023.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Fred Jones
ATTEST:
4y(� & �,
tte Williams, MMC
Clerk
Approved as to form and content for
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an only:
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