HomeMy WebLinkAbout1991 01 23 - Resolution R-91-02 - signedRESOLUTION NO.: R-91-02
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL
USE PERMIT FOR THE MINING OF SAND AND SOIL MATERIALS
PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN FOR A TRACT OF LAND
APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY
ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY ROAD 512
AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF
MILES WEST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROUTE
5, AND EAST OF STRAIT AVENUE, LOCATED IN SECTION 13,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR COMPLIANCE
WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF
THE CITY OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF
CONDITIONS FOR THE ISSUANCE OF THE SPECIAL USE PERMIT;
PRESCRIBING A TIME WHEN THE SPECIAL USE PERMIT EXPIRES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer on behalf of the owner, SEBASTIAN
GENERAL PARTNERSHIP B.F.T., a Florida general partnership, ("the
Applicant"), has applied for the issuance of a special use permit
for the mining of sand and soil materials from a tract of land
which is located in the City of Sebastian, Indian River County,
Florida; and
WHEREAS, the Applicant has participated in various pre -
application discussions with appropriate members of the City staff;
WHEREAS, the Applicant has obtained a permit from the St.
Johns River Water Management District to operate the mine as
requested in its application; and
WHEREAS, the City staff has determined that the Applicant's
application for a special use permit should be approved subject to
certain conditions; and
WHEREAS, at its regular meeting on December 6, 1990, the
Planning and Zoning Commission recommended approval of the
Applicant's request for the granting of a special use permit for
the mining of sand and soil materials from a tract of land the
Applicant owns located in the City of Sebastian; and
WHEREAS, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
WHEREAS, the City Council has conducted a public hearing after
compliance with the provisions of Section 20A-2.6 D of the Land
Development Code of the City of Sebastian to afford the input of
comments and evidence from all interested persons, citizens and
affected persons; and
WHEREAS, the City Council has determined that the granting of
the special use permit to the Applicant 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 Applicant's property that is the subject of the special use
permit is located; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, the mining of sand and soil materials,
is consistent with the purpose and intent of the zoning district
where the Applicant's property that is the subject of the special
use permit is located and is similar in nature and compatible with
the uses allowed in that zoning district.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. SPECIAL USE PERMIT. The application for the
issuance of a special issue permit for the mining of sand and soil
materials submitted by Henry A. Fischer on behalf of the owner,
SEBASTIAN GENERAL PARTNERSHIP B.F.T., a Florida general
partnership, for the real property located in Section 13, Township
31 South, Range 38 East, City of Sebastian, Indian River County,
Florida, being more particularly described as follows:
"A parcel of land in the NE ; of Section 13, Township 31
South, Range 38 East, known as Chesser's Gap, described
as follows: That part of the NW , of the NE ', of Section
13, Township 31 South, Range 38 East, lying South of
Fellsmere Road, AND ALSO the West ', of the NE ; of the
NE , of Sec. 13, Township 31 South, Range 38 East. All
of the above land now lying in the City of Sebastian,
Indian River County, Florida,"
is granted, subject to the requirements and conditions contained
in this Resolution.
Section 2. CONDITIONS OF APPROVAL AND CONTINUATION OF THE
SPECIAL USE PERMIT. The approval of the City Council of the
application of the Applicant for a special use permit that is the
subject matter of this Resolution and the continuation of such
special use permit until its expiration as provided for in this
Resolution is conditioned on the continuous satisfaction of, and
compliance with, the following requirements by the Applicant or its
successors and assigns:
A. Compliance with the provisions of all applicable
federal and Florida statutes, rules and regulations,
county ordinances and the ordinances and resolutions of
the City of Sebastian, including, but not by way of
limitation, Sections 20A-5.29 and 20A-5.30 of the Land
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Development Code.
B. The providing of compliance and restoration bonds to
the City of Sebastian in a form, and for such amounts,
acceptable to the City.
C. The providing of Type A or natural landscaping
buffer/screening in accordance with the Land Development
Code.
D. The revision of the littoral zone initially proposed
by the Applicant in a form and substance acceptable to
the City as provided in Section 20A-5.29 of the Land
Development Code.
Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special
Use Permit granted to the Applicant pursuant to this Resolution
shall expire at midnight on the 365th day following the passage of
this Resolution.
Section 4. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
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The foregoing Resolution was moved for adoption by Councilman
' /t�-✓ The motion was seconded by
Councilman' �_ and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers ^
Vice -Mayor Frank Oberbeck
Councilman Robert L. McCollum �
Councilman Lonnie R. Powell 71
Councilman Lloyd Rondeau Y -
The Mayor thereupon declared this Resolution duly passed and
adopted this � day of 1991.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST: W. E. Conyers, ayor
KathrynJ'I. O'Halloran, CMC/AAE
City Clerk
(Seal)
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I HEREBY CERTIFY that notice of
Resolution was published in the Vero
required by Section 20A-2.6 D.1 of the
the City of Sebastian, Florida, that
on this Resolution at 7:00 p.m. on
1991, and that following said public
passed by the City Council. �+
Kathryn M„ O'Halloran, CMC/AAE
City Clerk
Approv as to Form and Content:
Charles Ian Nash, City Attorney
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public hearing on this
Beach Press Journal as
Land Development Code of
one public hearing was held
the day of ,
hearing this Resolution was