HomeMy WebLinkAbout20030715 - Agenda Item - Controlled Burnutr or
SEBASTLAN
HOME Of PELICAN ISUND
City of Sebastian, Florida
Subject: Reguest for authorization for
Agenda No. 03. (� q ji
controlled burning activities by Forte
Macaulay Development Inc. for the
Department Origin:,,Growth Management
Sebastian River Landings Subdivision
Tracy E. Has
located at the intersection of County Roads
510 &512.
Date Submitted: July 15, 2003
A o for S>< i
For Agenda of. July 23, 2003
Exhibits: Section 42-48 Code of Ordinances, Indian River Fire Services Division Approval Letter.
EXPENDITURE
AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
None
REQUIRED: None
None
SUMMARY
Consistent with Sebastian Code of Ordinances Section 42-48, Control of Open Burning (attached
hereto) is permitted within the City via compliance with the regulations stipulated therein, and
upon prior authorization of the City Council.
Forte Macaulay Development Inc. recently submitted a request for controlled burning of
vegetation to be removed from their 72 -acre development, known as Sebastian River Landings,
which is located along the intersection of County Roads 510 & 512. The property is of sufficient
size to accommodate burning activities consistent with all provisions of the aforementioned code.
Further, by burning the material, as opposed to hauling off-site, the contractor will be able to
greatly reduce the number of truck trips required along city streets. As truck traffic tends to
adversely impact the roads, as well as quality of life for residents along said roads, staff prefers
all options available to reduce the total number of truck trips traversing city streets.
Additionally, the Indian River Fire Services Division has issued preliminary approval of the
request consistent with County regulations, and the applicant will be required to obtain a daily
authorization from the Fire Department and Department of Forestry prior to commencing with
burning activities. Representatives from Forte Macaulay will be present to answer questions that
may arise concerning the above-mentioned request.
RECOMMENDED ACTION
Consistent with Section 42-48 of the Code of Ordinances, staff recommends City Council
authorize Forte Macaulay Developments request for controlled open burning activities.
LivePublish
Page 1 of 2
Sec. 42-48. Control of open burning.
(a) Open burning restrictions. No person shall cause, suffer, allow or
permit open burning except as provided herein. No person shall fail or
refuse to take all reasonable and necessary steps and precautions to
Search prevent open burning upon any premises owned, occupied or under control
of such person. No person shall fail or refuse to take all reasonable and
necessary steps and precautions to prevent open burning upon any
Advanced Search premises owned, occupied or under control of such person. No person shall
fail or refuse to take all reasonable and necessary steps and precautions to
extinguish or otherwise terminate and abate any open burning which has
Document originated through any cause whatsoever upon any premises owned,
Previous Document occupied or under the control of such person or upon premises upon which
such person is carrying out any operation or activity.
Next Document
Previous Document Match (b) [Exceptions.] The following are exceptions and restrictions against
open burning:
Next Document Match
(1) Campfires used solely for recreational purposes, warming fires
for outdoor workers, fires for noncommercial cooking, and small fires
Contents for ceremonial purposes are allowed anywhere within the city
Where am I? without any permit from any governmental body provided that the
fire does not create excessive smoke or cause a nuisance in any
manner. Small household trash and household paper product fires
Search Results are prohibited.
Clear Search (2) Open burning of vegetation and wood materials resulting from
land clearing. Open burning of wood and vegetation piled up during
a land clearing operation may be permitted provided all of the
Options following conditions are complied with:
Frames a. The burning shall first be approved by the division of
forestry, the fire chief and city council; in order to approve a
request to allow open burning under this subsection, the
Printable Format city council must find that it is in the public interest;
Help b. All of the requirements of chapter 17-5 of the Florida
Administrative Code must be met;
C. An air curtain incinerator permitted by the state and
county must be utilized in connection with burning of
materials;
d. The fire shall be at least 1,500 feet from the nearest
occupied building and at least 150 feet from the nearest
public road;
e. The piles of materials to be burned shall burn out
completely one hour before sunset;
f. Burning shall be conducted only on days of low
pollution potential, and only between the hours of 9:00 a.m.
and 4:00 p.m. on such days;
g. Smoke shall not blow over a road to obstruct vehicular
traffic;
h. Air traffic shall not be obstructed;
i. Prior authorization shall be obtained from the division of
http://livepublish.municode.com/8/lpext.dll/Infobase22/ 1 /c30/c4b/c59?f=templates&fn=alt... 7/17/2003
LivePublish Page 2 of 2
forestry, the chief of the fire department and the city building
official;
j. Only clean fuel not containing garbage, rubber, plastics
or other refuse shall be allowed for the start-up of fires; and
k. The burning of tires, other rubber materials, roofing
materials, plastics and creosoted wood are prohibited.
(3) Open burning shall be allowed by governmental agencies
when necessary to accomplish a police -power purpose, upon
approval by the city council. In the event that an emergency exists
that does not provide time to obtain council approval, such as a fire -
prevention emergency encessitating a controlled burn, the approval
may be granted by the city manager.
(c) Cancellation of fires. Any police officer, fire department officer or code
enforcement officer of the city may order the immediate termination of any
outdoor fire within the city limits if weather conditions change, whereby a fire
may constitute a danger of wildfire, air pollution or other nuisance.
(Code 1980, § 11-19; Ord. No. 0-96-16, § 1, 10-9-96; Ord. No. 0-99-37, 12-
Previous Doc Next Doc 1-99)
Cross references: Streets, sidewalks and other public places, ch. 90.
http://Iivepublish.municode.com/8/lpext.dll/Infobase22/1 /c30/c4b/c59?f—templates&fn=alt... 7/17/2003
Del
C,PTVFD
9Q NC s�JUL j 0 7.003
Indian River County
ment of Emergency Services
Fire Division
Jolin King, Director of Emergency Services
Ernest McCloud, Fire Chief
Bureau Chief Dale Justice
Battalion Chief Ed Prime
Battalion Chief Dan Dietz
:Battalion Chief John Freeman
Phone: (772) 562-2028
Fax: (772) 770-5117
Fax Cover Sheet
Date: 07/10/03
Sent To: Sebastian Building Department
Attn: U.eorge Bonacci, Director
Fax #: 772-589-2566
From: Jeff Dias Capt
One Cover fiheet Plus 7 Pages = 8 Total Pages
Comments: Please call 772-770-5121 X 3025 if there are any
questions.
July 7,2003
Indiarl River County
Depa tment of Emergency Services
Fire Prevention Bureau
Fire Ir
Force Macaulay
Development Consul
1688 West Hibiscus
Melbourne, Florida 3
Dear Mr. Darin 7_a
We are in receipt of
an air curtain incine:
512. We understand
will be in the NE po
occupied structure.
ction / Plan Review / Education / Fire Investigation
JUL i- 0 2003
ants, Inc.
31 vd.
?901
it request for permission to conduct a controlled burn with use of
for on 72 acres of land located at the SE corner of CR 510 & CR
•otn the site plan that was presented that the location of the burn
ion of the property approximately 1,500 feet from the nearest
You have provided us with a copy of the sealed warranty deed of ownership for the
property, a satisfactory list of equipment that will be present during and for the
operation/control of t�e burn and have agreed in writing to the operational requirements
of the I.R.C. Fire Prevention Bureau.
This Bureau has no o$jection to permitting this burn contingent upon approval by the
City of Sebastian and the Division of Forestry.
Sincerely,
Jeffrey P. Diggs
Captain, Fire inspect r
Cc; City of Sebast�an Building Department
George Bonac i, .Director
1500 Old Dixie High -ay, Vero Beach, Florida 32960 (561) 770-5121 Fax (561)770-5117
07/01/2000 10;57 FAX 021 984 2890 EVANS BUTLER__
Facsimile Memo
TO: Capt, Jeff Diggs
Indian River Cour
772,770.5117
FROM: Darin Zabor
DATE: July 1, 2003
Jeff.
FoRTE
A.AULAY
�navELarMerrroortau.rsms. � Mc.
r
dum
,A V 1%
Fire Department I jut. 1. 0 M3
Le UU.L
i would like to request your approval df to conduct an open pit burning on 72 acres of land located at the SE comer of CR 510 & CR
512. This property is an existing ove' n orange grave and is being developed into a 209 lot single-family residertiial subdivision.
We will be using an earth pit with an air incinerator for burning. Burning is anticipated to begin the third week in July and should
take approximately two months,
A daily call will be placed at 8:20 AM to 77.562,2028 ext. 3007, All Indl�n River County Fire Department regulations pertaining to
open pit burning will be followed, Including no buming on county holidays or weekends.
All state and , local permits for c
temporary access of CR 510, the
Also, I have attached a Warranty
Following is the fist of equipment that
Bulldozer
Track Backhoe
Fronted Loader
Off Road pump Trucks
The contractor performing the work
Brown Corp, Construction
13603 Granville Avenue
Clearmont. FL 34711
(407) 856-3434
If you have any questions, please
Tpank you,
Darin
have been obtained. I have included a site plan for the property which shows a
location of the bum pits and the Iecation of the nearest fire hydrant,
as proof of ownership and the City of Sebastian's Fire Prevention and Protection codes..
I be located on site;
ng, Inc.
free to contact me at 321,626,9101, which I can be reached at during the day or evening.
321.953.33001FAX 321,384.2890
1688 West Hibiscus Blvd,
Melbourne, FIL 32901
07/01/2003 13:50 FAX 321 984 2890
a5901. LOD
Prepared by and Return to;
Pamela S. Canady, C.L.C_ an erhployee of
First American Title Insurance Company
�` 2001 6th Avenue, Suite 108
Vero Beach, Florida 32960
561-794-9855
File Number. 02.1001
EV,�-NS BtiTLER _
ooMMENTAW STA
GEED S
NCO
JMMILIMMKIMM
INDIAN RIVER MuroY
CORPORAT W RRANTY DEED
iN THE RECORDS OF
JEFFREY k BARTON
CLEAKCiFiCUIT COURT
INDIAN RIVER CO., FLA
LYS UUti
This Indenture, mado Janwary o� ��g03 A.D., by and between
610/'312 Holdings, Inc., a lorlda Corporation, a Corporation existing under the laws of the State of
Florida, whose post office address is P. 0. Box 590277 - Vero Beach, FL 32969se s0t office adorer and
Sebastian River Landing, i.. C•, a Florida Limited Liability Company
1688 West Hibiscus Blvd., Melbourne, Florida 32901, Grantee,
Witnesseth, that the said Grantor, for and in consideration of the sum of Ten and No/100 Dollars
($10,00 ), to It In hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said Grantee forever, the following described land, situate, lying
and being In the County of Indian lover, State of Florida, to wit:
Parcels 2 AND 3 (31-31-23-00000-5000-00005/1 AND 31-38-23-00000-5000-00005/2)
Commencing at the Southwest corner of Section 23, Township 31 South, Range 38 East; thence
along the South line of said Section 23 North 88'50'51" East to the East Right -of -Way line of Slate
Road 5i0 according to the plat thereof as recorded in Plat Book 11, Page 30 of the Public Records of
Indian River County Florida for 65.41 feet; thence along the said East Right -of -Way North 00012'52"
West for 22.19 feet to n angle point; thence continue along said Right-of-way North 00°09'49" West
for 115.21 feet to fhe point of Beginning; thence from the Point of Beginning continue along said East
Right -of -Way North 00'03'49" West to a point 600 feet South of the South Rlght-of-Way line of State
Road 512 as platted for 540.76 feet; thence North 8905011" East for 500:00 feet; thence North
00'09'49' West to the North line of the Southwest quarter of the Southwest quarter of said Section 23
for 669,13 feet; thence along sold North line North 89'55'02" East for 652.37 feet; thence South
00'09'49" east for 1,2Q4.37 feet; thence North 89°53'45" West to the East line of the property
described in O.R. Book 839, Page 0977for 451.72 feet; thence along said East line North 00°09'49"
West to a point that is 8.55 chains from the South line of Section 23 for 430.03 feet; thence parallel
with the South line of siaid Section 23 South 80"50'51" West for 313.50 feet; thence South 00°09'49"
East for 428.63 feet; tilence North 89'53'45" West for 387.16 feet to the Place and Point of Beginning.
Parcel Identification Number; 31.38-23.00000-5000-00005/1 and 31-38-23-00000-5000-0000512
Subject to covenants conditions, restrictions, easements of record, and takes for the current year.
And the said 4.antor does hereby fully warrant the title to said land, and will defend the same
against the lawful claims Qf all persons whomsoever_
In Witness Whereof, the said Grantor has caused this instrument to be executed In its narne by
P®90 1 of 3
corporate warrflnty Dood
C>
w
M
CA
t
0
a
07/01/2003 13:58 FAX 321 884 9890 LYANJ bu11111tf _
Its duty authored officer
Signed, Sealed and d
of es tnesses:
Witness Signatu
Print Name. s
Print Name:
!; E
r , r first above written'
caused its corporate seal to baff7x d-t��a'9
JUL 1 0 2003
I
in the presence ( BY: —J
McHugh, JL
5101512 Holdings, Inc., a Florida Corporation
Ja L. Davis, President
61
(Corporate
Page 2 of 3
Corporate Warranty Dead
C
I07/01/2003 14:00 FAX 321 984 P890
State of Florida
EVANS BUTLER _ 41uud
tib � IL
IM
County of Indian River f_�a'-
THE FOREGOING iNSTRUIMENT WAS
ACKNOWLEDGED before me on January , 2003, by
of
Jack L. Davis, as President f 610/612
Holdings, Inc., m food hasrproduc�edporation na validndrver sr license the gas
the State of Florida, Whole is personally
identifieStlon.
UB
Beth
A'
Notary Print Name
My Commission Expires:
r ANN MCHUGH
µY COMMISSION 0 VD M=4
paCP1 RlS: Fob
20,=
OFR r{ tictery 6e+�m d
Pega 3 of 3
Carpo aim Wvrznly deed