HomeMy WebLinkAboutR-24-28 Big Dan's Car WashRESOLUTION NO. R-24-28
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, Big Dan's Car Wash 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
June 6, 2024, and recommended approval 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) 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:
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 Big Dan's Car Wash 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) All existing specimen Oak trees and Cabbage Palms located on the site,
specifically including those trees already located within the 10-foot perimeter
landscape buffers, shall be preserved. All trees located outside and adjacent to the
property boundary lines shall be protected during construction with tree protection
measures detailed on the site plan.
(3) The Special Use Permit will expire three (3) years from the date of approval if
construction of the facility has not yet begun.
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 three (3) years
from the date of approval if construction of the facility has not yet begun.
The foregoing Resolution was moved for adoption by Councilmember Mcpartlan
The motion was seconded by Councilmember Nunn and, upon being put into a
vote, the vote was as follows:
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Mayor Ed Dodd
ave
Vice -Mayor Kelly Dixon
aye
Councilmember Fred Jones
nay
Councihnember Bob McPartlan
aye
Councilmember Christopher Nunn
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 26a' day of June 2024.
ATTEST:
iRJ�C.Q�.
ette Williams, MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
enni r Cockcroft, Esq., City Attorney
CITY OF SEBASTIAN, FLORIDA
3
By:
Mayor Ed Dodd