Subject:
Title
Consideration of Proposed Vested Rights Order in the Matter of Air Liquide Large Industries, US, LP, Subject Property: 7007 N. Courtenay Parkway, Merritt Island, FL 32955
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Fiscal Impact:
N/A
Dept/Office:
County Attorney's Office
Requested Action:
Recommendation
In the matter of the Petition for Vested Rights by Air Liquide Large Industries, US, LP:
(1) Consider the proposed vested rights order issued by the Special Magistrate, the record before the Special Magistrate, timely submitted written argument, and the oral argument of the parties to the proceeding;
(2) Based upon the record, Section 62-507 of the Brevard County Code of Ordinances, and the findings of fact set forth in the Special Magistrate's proposed order, either (a) grant vested rights; (b) grant vested rights with conditions; or (c) deny vested rights; and
(3) Either (a) adopt the Special Magistrate's Proposed Order or (b) direct the County Attorney to prepare an order for the Board to enter within 30 days of the date the motion is voted upon.
As explained further below, Air Liquide Large Industries, US, LP has requested that the Board continue consideration of the Proposed Order to a future meeting to allow time for stakeholders to consider a potential resolution.
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Summary Explanation and Background:
Air Liquide Large Industries, US, LP ("Air Liquide") is pursuing a vested rights determination regarding noise created by the business operation located at 7007 North Courtenay Parkway, Merritt Island, Florida, which is alleged to exceed the allowable limits permitted under the Brevard County Code of Ordinances. Air Liquide has been served with both a Notice of Hearing and Statement of Violation as issued by Brevard County Code Enforcement on September 2, 2020 and September 1, 2020, respectively. In response to the County's Code Enforcement action, Air Liquide submitted a petition for a vested rights determination pursuant to Section 62-507 of the Brevard County Code of Or...
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