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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 =Omey an only: 3