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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