HomeMy WebLinkAbout1997 12 23 Sandmine App & Staff ReportPermit Application No.
City of Sebastian
Development Order Application
Applicant if not owner, written authorization (notarized) from owner is required)
Name:
s SSG xes e v
Address:
Phone Number. ( ) - d FAX Number
E -Mail:
Owner if different from applicant)
Name: �,�
Address:
Phone Number. ( } - FAX Number
E -Mail:
Type of permit or action requested:
ig47
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project's Name (if applicable):d 11c_C'
B. Site Information
Address: 1,4-
Lot:Block: Unit:
Subdivision:
Indian River County Parcel #:
Zoning Classification:
Future Land Use:
Existing Use:
Proposed Use:
C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if
necessary):G� r�tyy P kC_0 Ie5�J 'Fl- l' Fr o
Od .O b c� ' 113(f
DATE RECEIVED: 12-/ Z3/ _?Z FEE PAID: $ RECEIVED BY: �•
)Z•a3-g7
Form CD -2001 Page 1 of 3 Development Application
Approved., 08/27/97 Revision: File Name: Doa
Permit Application No.
D. Project Personnel:
Agent:
Name:
Address
Phone Number { ) -
FAX Number.
E -Mail:
Attorney:
Name: 'V
Address
Phone Number ( ) -
FAX Number.
E -Mail:
Engineer.
Name:
Address
Phone Number ( ) -
FAX Number.
E -Mail:
Surveyor:
Name: (
C—
Address
Phone Number ( ) -
FAX Number.
E -Mail:
I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER _ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL E INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCO TE AND T E TO H ST OF MY KNOWLEDGE AND BELIEF.
NATURE?e,
DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATION, THIS DAY OF ,
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
Form Ca -2001
2 of 3
Approved: 08/27/97 1 Revision: I File Name: Doa I
Permit Application No.
The following is required for ail comprehensive plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE °BOARD"/"COMMISSION" TO PHYSICALLY ENTER UPON THE PROPERTY
AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IME MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SIGNATURE
Swom to and subscribed before me by
who is personally known to me or produced
as identification, this day of , 19
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
DATE
Form CD -2001 Page 3 of 3 Development Application
Approved., 08/27/97 Revision: File Name: Doa
Permit Application No.
Supplemental Information
Special Use Permit
o.,..,.. ✓ (ATTACH ADDITIONAL PAGES IF NECESSARY.)
1. Describe the use for which this special use permit is being requested:.
�PGl�y1/�
2. Describe how the granting of the special use permit 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. If
not, why not (Attached additional pages, if necessary):
d) r rc) cS' 6 - w '1 a q�2 x d mss
3. Describe how the use requested is consistent with the purpose and intent of the
respective zoning district, and that the use is similar in nature and compatible
with the uses allowed in such district. If not, why not. (Attach additional pages,if
necessary):- excess ���( '�C-o.� e C.0 5&J,61
Form CD -2031
Page 9 of 2
Special Use Permit, Sand
Mining
Approved., 8/27/97
Revision:
File Name: SisupsM
Permit Application No.
4. Attach the following:
a. A list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
--A�b. A site plan.
c. A mining plan including a plan view and cross-sections of the mining
areas, amount of fill to be removed in cubic yards, timetable of mining
o� �t " `' activities, method of min' g, and hours of operation.
d. A safety and security plan.
e. A restoration plan including a description of the eventual use of the site
and final grades of the site.
�f. A water management plan.
g. The location of hauling routes to and from the mine site.
14 4xcs i of dv /(C.` r C` @ r -C =-Pf- xs f� �
e,-,, ;
Form CD -2031
Page 2 of 2
Special Use Permit, Sand
Minin
Approved: 8127/97
Revision:
File Name: Sisupsm
January 26, 1998
Mr. Robert J. Massarelli
Community Development Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
MOSBY AND ASSOCIATES, INC.
Subject: Collier Creek Estates
Application for Sand Mining Permit
Sebastian, Florida
Engineer's Project No. 98-134
Dear Mr. Massarelli:
G°on� &Viae�r�
245514th Avenue
Post office Box 6368
Vero Beach, Florida 32861-6368
Telephone: 561-569-0035 • Facsimile: 561-778-3617
We have received a copy of your letter to Mr. John King requesting additional information for
the referenced Sand Mining permit. This letter and attachments are intended to address the
City's concerns as described by the comments contained in your letter. The following responses
arc numbered to correspond to your comments:
1. The application is for the removal of fill from all 3 lakes. The north lake is
constructed. There is approximately 80,000 cu. yd. of fill stockpiled on site.
The applicant wishes to remove this excess fill rather than manage the stockpile.
2. The amount of fill to be removed is approximately 240,941 cu. yd. (see attached
cut/fill analysis.) The fill generated by each lake is:
9939 7 u. :' .
Lake 2: 185,702 cu. yd.
Lake 3: 104,538 cu. vd.
Total 389,637 cu. yd.
The approximate schedule of fill removal is as follows:
1998 88,300 cu. yd.
1999 50,880 cu. yd.
2000 50,880 cu. yd.
2001 50,880 cu. yd.
This schedule is tentative. The rate of development of the project is market
driven.
Mr. Robert J. Massarel?i
January 26, 1998
Page 2
3. The estimated amount of fill required for the subdivision is 106,252 cu. yd. Nearly
all of this fill is required for lot construction, road construction yields 15,295 cu. yd.
of cut, mostly organics, vegetation, topsoil and other materials unsuitable for road
bed construction.
4. Typically wet detention lakes are 8-12 feet deep per St. Johns River Water
Management District criteria. The depth is generally required to prohibit cattail
gro-%Nrth and to provide a perma„nerit pool of fre �j at r quality treatment.
The larger the permanent pool, the longer detention time, the greater the level
of chemical, physical and biological treatment that occurs. The lakes in this
development are intended to be an aesthetic amenity, not just a pollution control
facility. The permanent pools were increased to provide high water quality for
aesthetics as well as public health.
5. The areas where the road grade is lower than existing grade are generally less than
1 foot lower. This "cutting" consists of removing vegetation, topsoil, roots and
other deleterious materials which must be done regardless of finished grade.
6. The lakes will be dewatered and excavated dry. These methods will not change
from what is currently being done on-site. The only change is that fill will be
removed from the site. The hours of operation are from 7:00 AM to 5:00 PM,
Monday through Friday.
7. The only change proposed is removing fill from the site. The safety plan consists
of posting signs at the locations where trucks are entering and exiting the site.
8. This application is being sought to avoid stockpiling fill in large quantities. The
only sedirnets:;rtion and erosion control is to gra%e areas being worked r.owards llie
lakes, currently fill is stockpiled along the south side of Fleming Street. Once the
permit is issued, this stockpile will be removed from the site.
9. Ultimately, all three entrances to the project will be used for hauling. Easy Street
will be used first. Fleming Street will be used once it is open. Englar will be used
in the later phases of the project. Distributing the trips over multiple routes will
reduce any impacts.
10. The areas being excavated are generally not within 50 feet of the project boundary
with a couple of exceptions. Buffering will be achieved by not clearing the land
between the excavation and the boundary. The exceptions are long the west property
line where the lake abuts the canal. These areas consist of Lake 1 and a small portion
of Lake 2. Lake 1 is already constructed and is irrelevant. The portion of Lake 2
adjacent to residential property is only approximately 140 feet wide. Due to the canal
Mr. Robert J. Massarelli
January 26, 1998
Page 3
between the project and nearby residences and the short duration of this excavation,
the nuisance to residents will be minimal. Please note that this excavation is
already approved and this application is only for the removal of the fill material
from the site. The loading of trucks, etc. will be performed on the interior of the
site and therefore, should not affect surrounding properties.
11. The 100 foot perimeter area is not applicable for this project since the lake construction
is required per the Developmental Order.
We hope that this information is sufficient to complete your review. If you have any questions,
please do not hesitate to contact our office.
Sincerely,
Ila
Chris Pontello
Project Manager
cc: Mr. Harold Adams
Mr. John King
Mr. Warren Dill
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 C3 FAX (561) 589-5570
PUBLIC NOTICE
CITY OF SEBASTIAN
INDIAN RIVER COUNTY
FLORIDA
THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY
COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR
MEETING ON THURSDAY, FEBRUARY 19TH, 1998, AT 7:00 P.M., TO REVIEW AN
APPLICATION FOR A SANDMINING PERMIT FOR THE SUBDIVISION CONSTRUCTION
OF COLLIER CREEK ESTATES, ZONED RS -10 (RESIDENTIAL SINGLE-FAMILY),
LOCATED SOUTH OF S. WIMBROW DRIVE; EAST OF HARBOR POINT SUBDIVISION
AND GEORGE STREET; NORTH OF ENGLAR DRIVE; AND WEST OF AN AREA
KNOWN AS SEBASTIAN GREENS.
HERBERT MUNSART, CHAIRMAN
PLANNING AND ZONING COMMISSION
CITY OF SEBASTIAN, FLORIDA
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS
PRIOR TO THE MEETING.
PUBLISHED: FEBRUARY 5, 1998
s
Community Development Department
Mining Special use Permit Application - Staff Report
1. Project Name: Collier Creek Estates Lakes
2. Requested Action: Approval of Special Use Permit for Sandmining
3. Project Location
a. Address:
b. Legal: A replat of a portion of the plat of Sebastian
Highlands, Unit 16, as recorded in plat book 8, page 45, 45A
through 45-J, Public Records of Indian River County, Florida, being
and bounded as follows:
On the North and East by the boundary line of said plat of
Sebastian Highlands, Unit 16; on the West by a portion of the West
boundary line of said plat of Sebastian Highlands, Unit 16 and the
Easterly right-of-way line of Harbor Waterway, shown on said plat
of Sebastian Highlands, Unit 16 and on the South by the North
right-of-way line of Englar Avenue shown on said plat of Sebastian
Highlands, Unit 16.
Less and except:
Lots 2 through 7, block 51 and lots 1 through 5, block 532, shown
on said plat of Sebastian Highlands, Unit 16.
Said land situated, lying and being in the City of Sebastian, Indian
River County Florida.
C. Indian River County Parcel Number:
4. Project Owner: Adams and Associates Development, Inc.
P.O. Box 1047
Sebastian, Florida 32958
(561) 589-0790
1
5. Project Agent:
6. Project Engineer:
7.
-3
Project Attorney:
Project Description
John King
P.O. Box 1047
Sebastian, Florida 32958
(561) 589-0790
Mosby and Associates
245510 Avenue
Vero Beach, Florida 32960
(561) 569-0035
a. Narrative of proposed action: The applicant has filed for a
Sandmining permit to excavate excess fill from on-site lakes
beyond the capacity needed for fill on lots within the subdivision.
The areas to be mined are for future on-site drainage retention
lakes. Based on the information provided by the applicant, the
amount of fill to be removed is approximately 240,941 cu. Yd. The
fill generated by each lake is:
Lake 1
99,397 cu. Yd.
Lake 2
185,702 cu. Yd.
Lake 3
104,538 cu. Yd.
Total
389,637 cu. Yd.
The approximate schedule of fill removal is as follows:
1998 88,300 cu. Yd.
1999 50,880 cu. Yd.
2000 50,880 cu. Yd.
2001 50,880 cu. Yd.
Total • 240,941 cu. Yd.
The application is being sought to avoid stockpiling fill in large
quantities. The only sedimentation and erosion control is to grade
areas being worked towards the lakes, currently fill is stockpiled
along the south side of Fleming Street. Once the permit is issued,
the stockpile will be removed from the site. The excavation of the
site is already approved and this application is only for removal of
fill material from the site.
b. Current Zoning: RS -10
2
9.
Iq
North:
East:
South:
West:
Adjacent Properties
Zoning
Current Land Use
Future Land Use
RS -10
Vacant
LD
RS -10
Vacant
LD
RS -10
Vacant
LD
RS -10
Vacant
LD
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4)
Vegetation:
(5)
Flood Hazard:
(6)
Water Service:
(7)
Sanitary Sewer Service:
(8)
Parks:
(9)
Police/Fire:
Comprehensive
Plan Consistency
a. Future Land Use:
b. Traffic Circulation:
C. Housing:
3
156.39 acres
Residential/Under Construction
Chobee loamy fine sand
Eau Gallie fine sand
Immokalee fine sand
Myakka fine sand
Oldsmar fine sand
Riveria fine sand
Pineda fine sand
Pomello sand
Malabar fine sand
Holopaw fine sand
Pine Flatwoods
Zone X
Well
Septic
Barber Street Sportsplex - $/ mile
Sebastian Police - 2.5 miles
Consistent
Consistent
N/A
d. Public Facilities: Consistent
e. Coastal Management: Consistent
f. Conservation: The proposed is consistent with
Policv 6-1.6.1: Prohibition Against Mining Activities. Land
Development regulations shall prohibit mining of minerals,
excepting sand mining, based on the irretrievable losses which
such intense activities may potentially impose on the City's fragile
coastal ecosystem as documented in the Comprehensive Plan
Data Inventory and Analysis.
g. Recreation and Open Space: N/A
10. Contents of Site Plan:
a. lot configuration: provided
b. finished ground floor elevation: N/A
C. contours and designating number of dwelling units: N/A
d. square footage of site: 618121348.4 SF
e. building coverage: N/A
f. square footage of paved areas and open area:
g. setbacks to scale: provided
h. scaled drawings of the sides, front and rear of the building or
structure: N/A
I. generalized floor plan indicating uses and square footage of each
proposed use within each building or structure: N/A
j. Building exterior construction materials and color: N/A
k. building height: N/A
I. location and character of all outside facilities for waste disposal,
storage areas, or display: N/A
M. location and dimensions of all curb cuts and driveways:
n. number of spaces with their location and dimensions: N/A
o. details of off-street parking and loading areastincluding
requirements of Sec 20A-8.1): N/A
P. all off-street vehicular surfaces available for maneuvering: provided
q. surface materials: provided
r. number of employees: not provided
S. type of vehicles owned by the establishment: not provided
t. If there is a combined off-street parking facility, required
agreements: NIA
U. Location of all pedestrian walks, malls, yards and open spaces:
V. location, size, character, and height or orientation of all signs:
W. location and character of landscaped areas and recreation areas:
provided
X. location, design and character of all public, semi-public, or private
utilities: provided
Y. location, height and general character of perimeter or ornamental
walls, fences, landscaping: provided
Z. surface water drainage facilities plan certified by an engineer or
architect registered in the State of Florida: provided
aa. location of existing easements and right-of-way: provided
ab. Land survey with complete legal description prepared and certified
by a registered surveyor: provided
ac. Verified statement showing each and every individual person having
a legal and/or equitable ownership interest in the subject property:
provided
11. Site location and character of use:
12. Appearance site and structures:
a. harmonious overall design: yes
b location and screening of mechanical equipment, utility hardware
and waste storage areas: NIA
5
C. commercial and industrial activities conducted in enclosed
buildings: no
d. exterior lighting: not provided
13. Access, internal circulation, off-street parking and other traffic impacts:
a. internal circulation system design and access/egress
considerations: provided - Ultimately, all three entrances to the
project will be used for hauling. Easy Street will be used first.
Fleming Street will be used once it is open. Englar will be used in
the later phases of the project. Distributing the trips over multiple
routes will reduce any impacts.
b. separation of vehicular and pedestrian areas: provided
14. Traffic impacts: N/A
15. Open space and landscape (including the requirements of Sec. 20A-13.1
and Sec. 20A-14.1): N/A
16. Required screening of abutting residential and nonresidential uses:
Section 20A -5.30c(5):
If the project site is adjacent to a residentially zoned area,
the perimeter of the site abutting such and areas shall
include a fifty foot wide bufferyard and type "A" screening
along said site boundary.
The applicants response to this requirement is as follows: The areas
being excavated are generally not within 50 feet of the project boundary
with a couple of exceptions. Buffering will be achieved by not clearing the
land between the excavation and the boundary. The exceptions are
along the West property line where the lake abuts the canal. These
areas consist of Lake 1 and a small portion of Lake 2. Lake 1 is already
constructed and is irrelevant. The portion of Lake 2 adjacent to
residential property is only approximately 140 feet wide. - Due to the canal
between the project and nearby residences and the short duration of this
excavation, the nuisance to residents will be minimal. Please note that
this excavation is already approved and this application is only for the
removal of fill from the site.
17. Flood prone land and wetland preservation: N/A
18: Surface water management: provided
C=
19: Available potable water: well
20: Wastewater service: septic
21: Soil erosion, sedimentation control and estuary protection: provided - This
application is being sought to avoid stockpiling fill in large quantities. The
only sedimentation and erosion control is to grade areas being worked
towards the lakes. Currently, fill is stockpiled along the south side of
Fleming Street. Once the permit is issued, this stockpile will be removed
from the site.
22. Mining Plan
a. plan review and cross-sections of the mining areas: provided
b amount of fill to be removed: provided - 240,941 cu. Yd.
C. Timetable of mining activity: provided
d. method of mining: provided - The lakes will be dewatered and
excavated dry. These methods will not change from what is
currently being done on-site. The only change is that fill will be
removed from the site.
e. hours of operation: provided - The hours of operation will be from
7:00 AM to 5:00 PM, Monday through Friday.
f. safety and security plan: provided - The only change proposed is
removing fill from the site. The safety plan consists of posting
signs at the locations where trucks are entering and exiting the
site.
23. Restoration plan
a. description of the eventual future use of the site: provided - The
applicant has filed for a SandMing permit to excavate excess fill
from on-site lakes beyond the capacity needed for fill on lots within
the subdivision. The areas to be mined are for the future on-site
drainage retention lakes. The lakes within the development are
intended to be an aesthetic amenity, not just a pollution control
facility.
7
b. final grades of the site: provided - The areas where the road grade
is lower than existing grade are generally less than 1 foot lower.
This "cutting" consists of removing vegetation, topsoil, roots and
other deleterious materials which must be done regardless of
finished grades.
24: Conditions of the mining permit
a. maximum project -site development phase for mining shall not
exceed twenty acres. Provided. The three lakes are all less than
20 acres in size:
Lake 1
5.17 acres
Lake 2
9.14 acres
Lake 3
5.57 acres
The construction of the lakes are phased to correspond to the
phases of the project. The area involved in each phase is:
Phase 1
5.17 acres
Phase 2
0
Phase 3
2.00 acres
Phase 4
3.58 acres
Phase 5
5.38 acres
Phase 6
3.76 acres
Phase 7
0
b. No mining shall occur within one hundred fifty feet of a projected
right-of-way line of any existing or proposed public road, nor within
one hundred fifty feet of the outer perimeter of the project site.
Where a mining operation consists only of the removal of a mound
and does not consist of a lowering the elevation of ground below the
neighboring property, an exception to the one hundred fifty foot
setback may be permitted at the time of site plan approval.
Provided - The proposed lakes are more than 150 feet from any
existing or proposed right-of-ways.
C. Any mining activity that results in the creation or expansion of a
water body shall be subject to the provisions of section 20A-5.29.
Projects creating water bodies must also provide safety and security
plan for the mining operation phase, including, but not limited to,
fences, access, control, and other security provisions. Provided -
The safety plan consists of posting signs at the locations where
trucks are entering and exiting the site.
d. If the project site is of a size that falls below St. Johns River Water
Management District permitting thresholds and is located (in whole
or part) on the Atlantic coastal sand ridge, no excavation governed
by a mining permit shall result in an average elevation of less tan
twenty-five feet mean sea level for that portion of the project site
located on the sand ridge. NIA
e. If the project site is adjacent to a residentially zoned area, the
perimeter of the site abutting such an area shall include a fifty -foot -
wide bufferyard and type "A" screening along said site boundary.
Provided - The applicants response to this requirement is as
follows: The areas being excavated are generally not within 50
feet of the project boundary with a couple of exceptions. Buffering
will be achieved by not clearing the land between the excavation
and the boundary. The exceptions are along the West property
line where the lake abuts the canal. These areas consist of Lake 1
and a small portion of Lake 2. Lake 1 is already constructed and is
irrelevant. The portion of Lake 2 adjacent to residential property is
only approximately 140 feet wide. Due to the canal between the
project and nearby residences and the short duration of this
excavation, the nuisance to residents will be minimal. Please note
that this excavation is already approved and this application is only
for the removal of fill from the site.
f. No crusher, mixing plant, bin, tank, or structure directly involved in
the production process shall be located less than six hundred feet
from any adjacent residentially zoned property, and two hundred
fifty feet from all other adjacent non -residentially zoned property.
NIA
g. Hard rock mining activities shall ensure that measures are taken to
control dust. NIA
25. Operating conditions of mining
a. Applicants operating in a non -residentially zoned district, where the
project does not abut a residentially zoned district, shall not be
limited to specific hours of operation unless a determination is made
by the city council concerning the need of limiting hours of
operation due to the anticipated impacts of the mining operations on
surrounding properties. NIA
b. Applicants operating in a residentially zoned district or in any
district which abut a residentially zoned district shall be permitted to
operate between the hours of 7:00 AM to 5:00 PM on weekdays;
operation on Saturday and Sunday, and/or operations other than
between 7:00 AM to 5:00 PM may be permitted by the city council if
the impact of the mining operation on surrounding properties will
9
not constitute a nuisance to the neighborhood. Provided - The
hours of operation are from 7:00 AM to 5:00 PM, Monday through
Friday.
C. Permanent project boundary corners, with intermediate stakes at a
minimum of three hundred feet and all limits of excavation shall be
staked, marked and maintained with visible flags in the field, in
accordance with approved plans for the permit.
26. Additional considerations: None
27. City Engineer's review:
28. Other Matters: By definition the proposed activity is a sand mine, that is the
excavation of more than 5,000 cubic yards of fill. Under the current
comprehensive plan and land development code, the requested special use
permit is permitted. However, under the proposed amendments to the
comprehensive plan, this application would have to be denied. The excavation
of lakes are approved for treatment of stormwater and flood control. They have
a secondary benefit of providing open space and water front property. This will
not be the last project where large volumes of fill will have to be excavated to
meet the stormwater management and flood control requirements of the city
and other regulatory agancies.
The revisions to the land development code will require carefully consideration
to balance the city's desire to prohibit mining in the city while meeting other
environmental goals.
29. Analysis: The applicant has filed for a Sandmining permit to excavate
excess fill from on-site lakes beyond the capacity needed for fill on lots
within the subdivision. The areas to be mined are for future on-site
drainage retention lakes. The amount of fill to be removed is
approximately 240,941 cu. Yd. The fill generated by each lake is:
Lake 1 99,397 cu. Yd.
Lake 2 185,702 cu. Yd.
Lake 3 104,538 cu. Yd.
Total 389,637 cu. Yd.
The approximate schedule of fill removal is as follows:
1998 88,300 cu. Yd.
1999 50,880 cu. Yd.
2000 50,880 cu. Yd.
2001 50,880 cu. Yd.
10
Total 240,941 cu. Yd.
The application is being sought to avoid stockpiling fill in large quantities.
The only sedimentation and erosion control is to grade areas being
worked towards the lakes, currently fill is stockpiled along the south side
of Fleming Street. Once the permit is issued, the stockpile will be
removed from the site. The excavation of the site is already approved
and this application is only for removal of fill material from the site.
30. Conclusion: The requested special use permit is consistent with the
Comprehensive Plan, Code of Ordinances and the Land Development Code.
31. Recommendation: It is recommended that the Planning and Zoning
Commission find that the request special use permit for sand mining at Collier
Creek Estates:
a. 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; and
b. Is 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.
It is further recommended that the Planning and Zoning Commission
recommended that the City Council find that the request special use permit for
sand mining at Collier Creek Estates:
a. 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; and
b. Is 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 that the Planning and Zoning Commission recommend that the City Council
approve the request for sand mining at Collier Creek Estates with the following
conditions:
a. That the mining be limited to the lakes as shown on the preliminary plat
for Collier Creek Estates.
b. That the lakes can not be excavated below the levels approved in the
preliminary plat for Collier Creek Estates.
C. That the property to be excavated be posted for no trespassing.
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d. The hours of operation shall be 7:00 AM to 5:00 PM Monday through
Friday. This includes excavation and the hauling of materials from the
site by truck.
e. The storage of any materials on site shall be managed to prevent
erosion and sedimentation.
f. The entrances onto city owned streets shall be approved by the City
Engineer prior to use. Mats, culverts, ramps, or paved drives shall be
placed at entrances and/or exists in such position that pavement edges,
shoulders, curbs, and sidewalks will be protected from damage as
determined by the City Engineer.
g. If damage occurs to a city, county, or state road, the permittee shall be
responsible for repairs. The City reserves the right to suspend mining
operations until the repairs have been completed to the satisfaction of
the applicable governing body.
h. All vehicles hauling fill shall be covered in a manner to prevent spillage
to the satisfaction of the City Engineer.
i. All hauling trucks shall have the trucking company name, mailing
address, and telephone number prominently displayed on both sides of
the vehicle in letters at least three inches in height and in a color
contrasting with the color of the truck.
j. All mining shall be phased in accordance with the approved preliminary
plat for Collier Creek Estates.
k. The required compliance bond and restoration bond shall be posted for
each phase of the project.
I. A record drawing by a surveyor or engineer registered in the State of
Florida shall be provided to the Community Development Department at
the completion of each phase. The record drawing shall contain
sufficient information to indicate that all of the requirements of the land
development code have been met and shall include cross-sections and a
plan drawing which locates the extent of excavation with dimensions to
all property lines.
�al 2)111
PREPARED BY DATE
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