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HomeMy WebLinkAbout2019-08Ordinance 2019-08 Ordinance Approving a Special Exception for an Outpatient Mental Health and Substance Abuse Clinic at 1006 East Main Street WHEREAS the Pulaski Town Council, acting upon a request made by Pulaski Medical (the "Applicant") for a special exception for the expansion of an outpatient mental health and substance abuse clinic located at 1006 E. Main Street (tax parcel 072-140-109) (the "Property") in the B-2 General Business District, has found following a duly advertised Joint Public Hearing with the Town Planning Commission that the public necessity, convenience, general welfare, and good zoning practices permit the issuance of a special exception for use of 1006 E. Main Street (the "Property") as an outpatient mental health and substance abuse clinic (the "Permitted Use") shall be authorized at the Property in the B-2 General Business District. NOW, THEREFORE BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 16th day of July 2019, that the Pulaski Town Council approves the special exception for 1006 East Main Street, subject to the following conditions, which the Town Council deems necessary to protect the public interest pursuant to Sec. 7.2.4-6 of the Town Code (2019): No Further Expansion. The Special Exception shall authorize the Permitted Use of only the following portion of the Property: (a) the Applicant's current premises, being that portion of the Property currently occupied by the Applicant and comprised of approximately 5,886 sq. ft., and (b) the expansion premises, being that portion of Property comprised of approximately 2,071 sq. ft., which shall be constructed substantially in conformance with the drawings prepared by C. R. Stone Architect and dated August 2, 2018. No building permits shall be issued for any further expansion of the Permitted Use absent approval of a new Special Exception by Town Council pursuant to Sec. 7.2.4 of the Town Code, as may be hereafter amended or superseded, nor shall the Applicant apply for any new Special Exception seeking the further expansion of the Permitted Use. 2. No Exterior Use. The Permitted Use shall be confined to the interior of the building located on the Property. Without limiting the foregoing, no queuing of patients shall be permitted exterior to the building. Compliance with Laws. The building located on the Property shall be in conformance with state and local Building and Fire Regulations to the satisfaction of the Pulaski Building Official and Fire Marshall. 4. Inspection. This special exception shall be subject to inspections and approval of the parking area by the Zoning Administrator. �. Parking. The Town of Pulaski requires that the parking area comply with and maintain the following: a. required number of spaces based on use; appropriate dimensions for parking spaces; b. appropriate dimensions for parking spaces c. parking area lighting; d. striping of the parking area; and, e. pavement maintenance. 6. Maintenance. The Property shall be maintained in a clean, sanitary, and sightly manner. This special exception shall be subject to inspections and approval of the parking area by the Zoning Administrator. 7. Assignment. This Special Exception shall be personal to the Applicant and is not assignable or transferrable by Applicant, except by purchase, merger, consolidation or reorganization upon notice to the Town and on the condition that such permitted transferee agrees to comply with all conditions of this Special Exception. 8. Enforcement. Failure to comply with any provision of this special exception shall be subject to enforcement by the Zoning Administrator pursuant to Section 7.1.1 of the Town Code. This ordinance is effective upon adoption and is hereby adopted this 16th day of July 2019 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn -Nay Brooks R. Dawson -Aye Gregory C. East -Nay Mayor Clark - ATTEST: David N. Quesenberry Clerk of Council Joseph K. Goodman -Aye G. Tyler Clontz -Aye James A. Radcliffe -Nay -Aye THE OF LASKI, VIRGI avi . Clark Mayor