HomeMy WebLinkAbout1994 03 16 - HearingRESOLUTION NO. R-88-19
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING
TO SEBASTIAN GENERAL PARTNERSHIP, H.F.T., A SPECIAL USE
PERMIT FOR A SAND MINE (LAKE CONSTRUCTION) PURSUANT TO
SECTIONS 20A-5.19 (B) AND 20A-2.6, LAND DEVELOPMENT CODE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer on behalf of Sebastian General
Partnership, B.F.T., has processed a special exception application
and site plan approval before the Planning and Zoning Commission
of the City of Sebastian; and,
WHEREAS, the Planning and Zoning Commission has recommended
that the City Council grant to the Applicant a Special Use Permit
as required by the City's Land Development Code after having
granted the special exception; and,
WHEREAS, the Land Development Code requires that the City
Council consider the subject request as the deliberative body
that is granted the power and authority to grant special use
permits; and,
WHEREAS, the proposed use and project is not prohibited by
the City of Sebastian Comprehensive Land Use Plan:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
1. The City Council has held a public hearing on the
application of the Partnership on the 9 Y�4 day of
1)1C-XcA , 1988, and heard testimony of all interested
parties, and having considered the request and the relevant
evidence, the City Council finds and determines as follows:
(A). The Proposed use does not violate the
Comprehensive Land Use Plan or other applicable City codes,
rules, or regulations.
(B). The granting of this 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 of the subject project site. (See Exhibit A).
(C). The proposed use and project is consistent with
the purpose and intent of the site's zoning classification and has
been demonstrated to be similiar in nature and compatable with
1 ,v,.
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the uses allowed in said district.
2. This special use is granted by the City with the
understanding that the specifics of the proposed plan presented
to the Planning and Zoning Commission shall be met in accordance
with the approved heretofore granted by that Board, and
the special use otherwise complies with all applicable rules,
ordinances, rules and regulations of the City of Sebastian,
Indian River County, State of Florida, and U.S. Government to the
extent applicable, and permits granted by any state agency.
3. This resolution shall be effective immediately upon final
passage and shall authorize the applicant to proceed upon
submission to the City of a performance bond in the amount of
4F-5IDDO, On
I CERTIFY THAT THE FOREGOING RESOLUTION WAS DULY PASSED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON THE
024 DAY OF /)(0,t4t L , 1988.
CITY OF SEBASTI Q"FLORIDA
BY
L. GEN HA RIS, MAYOR
ATTEST:
KathrM. O'Halloran, CMC/AAE
City Jerk
I HEREBY CERTIFY THAT NOTICE OF PUBLIC HEARING FOR THIS
RESOLUTION WAS PUBLISHED IN THR VERO BEACH PRESS JOURNAL, A
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF SEBASTIAN, ON THE
I -q' DAY OF /Ylan-c,- , 1988.
1(athry M. O'Halloran, CMC/AAE
City C erk
2
RESOLUTION NO.; R-90-19
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 16.38 ACRES IN SIZE, LOCATED IN
SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 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 ("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 he owns 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; and
WHEREAS, the Applicant has obtained a permit from the St.
Johns River Water Management District to operate the mine as
requested in his 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 April 5, 1990, the
Planning and Zoning Commission recommended approval of the
1
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.
2
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 for the real
property he owns located in Section 17, Township 31 South, Range
39 East, in Indian River County, Florida, being more particularly
described as follows: the south 925 feet of the north 1,050 feet
of the west 875 feet of the southwest 1/4 of the said Section 17,
less and except the westerly 125 feet thereof, 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
Henry A. Fischer's application 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 Henry A.
Fischer:
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 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.
3
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 Henry A. Fischer 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.
The foregoing Resolution was moved for adoption by
Councilman /{/e( . The motion was seconded
by Councilman —PF24�d and, upon being put to a
vote, the vote was as follows:
19
Mayor W. E. Conyers
Vice -Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this za day of
ATTEST:
1990.
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, ayor
'Kath A Mlloran, CMC/AA
City Jerk
(Seal)
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero Beach Press Journal as
required by Section 20A-2.6 D.l
the City of Sebastian, Florida,
h
of the Land Development Code of
that
on t is Resolution at 7:00 p.m. on
1990,_and that following said public
passed by the City Council.
Kat M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
5
oneublic hearing was held
the day of ,
hearing this Resolu i n was
WATER
MANAGEMENT
NOVEMBER 9, 1993
HENRY A. FISCHER. D.D.S.
P.0_ BOX 780068
SEBASTIAN, FL 32978
4fHenry Dean, Executive Director
John R. Wehle, Assistant Executive Director
POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429
TELEPHONE 9041329-4500 , SUNCOM 904/860.4500
FAX (EXECUTIVEILEGAL) 329-6125 (PERMITTING) 3294315 (ADMINISTRATIOWFIHANCE) 329-4506
FIELD STATIONS
616 E. SouthStreet 7775 BeymeadoOPERATIONS:ws Way PERMITTING: 2133 N Wlokham Road
Orlando, Florida 32601 Suite 102 305 East Detre
407/697-6300 Jackunville, Florida 32256 Melboume, Florida 329D4 M07bo u 178 odds 32935 ,
9041730-6270 407964-4940 254.1762
V V7�
SUBJECT: MANAGEMENT AND STORAGE OF SURFACE WATERS
INDIVIDUAL PERMIT NUMBER 4-061-0088M3
DEAR SIR:
ENCLOSED IS YOUR PERMIT AS AUTHORIZED BY THE GOVERNING BOARD OF THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,.ON.NOVEMBER 9p 1993-
THIS PERMIT WILL EXPIRE ON NOVEMBER '9..1998 .j!
V
THIS PERMIT IS A LEGAL DOCUMENT AND SHOULD BE KEPT WITH YOUR OTHER
IMORTANTHE HED LD BE LED
AFTER THE
WORK IS COMPLETED. BY SO DOINGS YOU WILL ENABLE US TO SCHEDULE A
PROMPT INSPECTION OF THE PERMITTED ACTIVITY.
IN ADDITION TO THE COMPLETION REPORTi YOUR PERMIT ALSO CONTAINS
CnNDITIONS WHICH REQUIRE SUBMITTAL OF ADDITIONAL INFORMATION. ALL
ORMATION SUBMITTED AS COMPLIANCE TO PERMIT CONDITIONS MUST SE
SU3MITTED TO THE PALATKA OFFICE ADDRESS.
PERMIT ISSUANCE DOES NOT RELIEVE YOU FROM THE RESPONSIBILITY -
JF OBTAINING PERMITS FROM ANY FEDERALr STATE AND/OR LOCAL AGENCIES
ASSERTING CONCURRENT JURISDICTION FOR„THIS WORK.
IN THE EVENT YOU SELL YOUR PROPERTY'"THE PERMIT WILL BE
TRANSFERRED TO THE NEW OWNER. IF WE ARE NOTIFIED By YOU WITHIN
THIRTY DAYS OF THE SALE. PLEASE ASSIST•US IN THIS MATTER SO AS .
TO MAINTAIN A VALID PERMIT FOR THE NEW PROPERTY OWNER.
THANK YOU FOR YOUR COOPERATION AND IF THIS OFFICE CAN BE OF ANY
FURTHER ASSISTANCE TO YOUP,PLEASE DO NOT HESITATE TO CONTACT US.
SINCERELY,AZO'�'M ,
GUEN JOHN SON. DATA CONTROL TECHNICIAN
PERMIT DATA SERVICES DIVISION
ENCLOSURES: PERMIT WITH COMPLETION.REPORT
CC: DISTRICT PERMIT FILE
LORI DOWDY
�) MOSBY AND ASSOCIATES. INC.
N/A "-
Joe E. Hill, CHAIRMAN Patricia T. Harden, VICE CHAIRMAN Jesse J. Parrish,
LLDenise
TREASURER Lenore N. ORANGE pAR,KSECRETARY
LEESBURG SANFORD
William Segal M. Prescod James H. Willian
Reid Hughes Dan Roach JACKSONVIIIE OCALA
DAYTONA BEACH
FERNANDINA BEACH MAITLAND
A
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
POST OFFICE BOX 1429.
PALATKAP FLORIDA 32178-1429
PERMIT 30. 47Q¢1_grQ5$53-
A PERMIT AUTHORIZING:
DATE ISSUED UQyjd2Eg _Q, 1211 -
MODIFICATION OF AN EXISTING SURFACE WATER.MANAGEMENT SYTEM. THE .
MODIFICATION WILL.INCLUDE THE ENLARGEMENT OF AN EXISTING SAND
MINE.
LOCATION:
SECTION 17. TOWNSHIP 31 SOUTHP RANGE 39 EAST
INDIAN RIVER COUNTY
ISSUED TO:
(OWNER)
HENRY A. FISCHER, D.D.S.
P.O. BOX 78DO68
SEBASTIANP FL 32973
)PERMITTEE AGREES TO HOLD AND SAVE THE ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT AND ITS SUCCESSORS HARMLESS FROM ANY AND ALL DAMAGES. CLAIMS.
OR LIABILITIES WHICH MAY ARISE FROM PERMIT ISSUANCE. SAID APPLICATION.
INCLUDING ALL PLANS AND SPECIFICATIONS ATTACHED THERETO, IS BY REFERENCE
MADE A DART HEREOF.
THIS PERMIT DOES NOT CONVEY TO PERMITTEE ANY PROPERTY RIGHTS NOR ANY:
RIG4TS OR PRIVILEGES OTHER THAN THOSE SPECIFIED HEREIN. NOR RELIEVE THE
PERMITTEE FROM COMPLYING WITH ANY LAWi REGULATION OR REQUIREMENT
AFFECTING THE RIGHTS OF OTHER BODIES OR AGENCIES.: ALL STRUCTURES A4D_
WORKS INSTALLED BY PERMITTEE HEREUNDER SHALL REMAIN THE PROPERTY OF THE
PERMITTEE.
THIS PERMIT MAY BE REVOKEDi MODIFIED OR TRANSFERRED AT ANY TIME PURSUANT
TO THE APPROPRIATE PROVISIONS OF CHAPTER 373. FLORIDA STATUTES:
PERMIT IS CONDITIONED UPON:
SEE CONDITIONS ON ATTACHED 'EXHIBIT Awe DATED NDVEM4ER 9i 1993
AJTHORIZED 3Y: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
DEPARTMENT OF RESOURCE MANAGEMENT GOVERN G
(DIRECT ) (ASSHENRY
T IT SECRETARY)
EFF ELLEDGE NRY DEAN
EXH1617-
LEGAL BASIS AND GENERAL PROVISIONS $ 20A-9.5.
tance between dwellings on adjacent lots is two hun.
dred (200) feet or more, a twenty-five (25) foot front
yard shall be provided. Where interior lots have a
double frontage, a twenty-five (25) foot front yard shall
be provided on both streets.
(b) Side yard: 10 feet.
(c) Rear yard: 20 feet.
7. Maximum building coverage: 30 percent.
8. Permeable area. A minimum of thirty (30) percent of the
lot must be maintained as permeable area and at least
twenty (20) percent of the lot must be landscaped.
(Ord. No. 0-88.15, $ 4, 12-14-88)
Sec. 20A-3.5. RM -8, Medium Density Multiple -Family Res-
idential District.
A. Purpose and intent. The RM -8 district is established to im-
plement comprehensive plan policies for managing primarily du-
plex and multiple -family development on land designated for
medium density residential development.
B. Permitted uses. In this district as a permitted use a building
or premises may be used only for the below stated uses. All
Supp. No. 6 124.1
LEGAL BASIS AND GENERAL PROVISIONS § 20A-3.5.
applicable provisions of this code shall be satisfied including site
plan review and performance criteria.
Permitted uses: Single-family dwellings, two-family dwell-
ings, multiple -family dwellings, and accessory residential uses.
C. Conditional uses. In this district as a conditional use a
building or premises may be used for only the following condi-
tional uses upon compliance with applicable conditions stated in
Article VI and all other applicable provisions of this code, includ-
ing site plan review and performance criteria. The planning and
zoning commission shall ascertain if such conditions and provi-
sions are satisfied. Appeal of such decisions shall be heard by the
city council.
Conditional uses: Child care services, model homes, educa-
tional institutions, golf courses and support facilities, nursing
homes (including rest homes or canvalescent homes), places of
worship, public and private utilities, public parks and recrea-
tional areas, public protective and emergency services and ac-
cessory uses.
D. Size and dimension criteria
1. Minimum lot size (density): 10,000 square feet. Density
shall not exceed eight (8) units per acre.
2. Minimum lot width: 80 feet.
3. Minimum lot depth: 100 feet.
4. Maximum building height: 35 feet.
5. Minimum living area: The minimum floor area required
for a single-family structure, excluding porches, terraces,
attached garages, carports or other unenclosed areas, shall
be nine hundred (900) square feet.
Every single-family dwelling unit shall be required to pro-
vide a garage or carport. If a carport or similar unenclosed
vehicle storage structure is provided, then the principal
structure shall contain a fully enclosed utility storage area
125
4 20A-3.5. SEBASTIAN LAND DEVELOPMENT CODE
of at least sixty (60) square feet which shall be designed as
an integral part of the principal structure. If a fully en-
closed garage is provided, then no utility structure shall be
mandated.
Duplex: 750 square feet per unit.
Multiple -family structures: Efficiencies shall be required
to provide six hundred (600) square feet per unit; one bed-
room units shall be required to provide seven hundred
(700) square feet per unit; two (2) bedroom units shall be
required to provide eight hundred fifty (850) square feet
per unit; three (3) bedroom units shall be required to pro-
vide one thousand (1,000) square feet per unit; and for each
additional bedroom an additional one hundred (100) square
feet per bedroom shall be provided.
6. Minimum setbacks:
Setbacks (feet)
Yard 1 story 2 stories
Front 25 25
Rear 25 25
Side (interior) 10 15
Between residential structures on same
lot 20 20
7. Maximum building coverage: 40 percent.
8. Minimum green area: 50 percent.
Seo. 20A3.6. RM -12, High Density Multiple -Family Residen-
tial District.
A. Purpose and intent The RM -12 district is established to
implement comprehensive plan policies for managing land des-
ignated for high density residential development.
B. Permitted uses. In this district as a permitted use a building
or premises may be used only for the below stated uses. All
applicable provisions of this code shall be satisfied including site
plan review and performance criteria.
Permitted uses: Single-family dwellings, two-family dwell-
ing, multiple -family dwellings, and accessory residential uses.
126
[X/-11445/7- er
4 20A-3.13. SEBASTIAN LAND DEVELOPMENT CODE
in regulating the use. Such material shall include a state-
ment in conspicuous type declaring that time-share units
will or may be created with respect to units proposed;
and/or
2. An amendment to a prior existing condominium declara-
tion that permits time-share estates to be created, which
amendment has been executed by each record owner of
each unit of the condominium and each record owner of
each lien on each unit of the condominium.
I. Other required information. Applicants for a time-share use
shall file with the city all public documents required by the state
in regulating such use. The purpose of this requirement is to
provide assurance that the applicant has been found in compli-
ance with all. requisite state regulations governing the use,in-
cluding method of sales, operations, and other issues of public
health, safety, welfare, and morals.
Sec. 20A-3.14. IN, Industrial District.
A. Purpose and intent. The IN district is established to imple-
ment comprehensive plan policies for managing land designated
for industrial development which meets standards for limited
industrial development. Salvage yards and junkyards are deemed
to generate highly extensive adverse impacts for the urban area
and shall not be permitted uses in the city limits of Sebastian.
Such activities are more appropriately located outside urban areas
near major regional transportation facilities.
B. Permitted uses. In this district as a permitted use.a building
or premises may be used only for the below stated uses. All
applicable provisions of this code shall be satisfied including site
plan review and performance criteria.
Permitted uses: Public and private utilities, business and
Professional offices, gasoline sales, general retail sales and
services, limited commercial activities, merchandising of sec-
ondhand goods, enclosed commercial amusements, plant nurs-
eries and landscape services, restaurants (excluding drive-ins),
trades and skilled services, vehicular sales and related ser-
LEGAL BASIS AND GENERAL PROVISIONS 4 20A-3.14.
vices, vehicular services and maintenance, wholesale trades and
services, veterinary medical services, industrial activities as
defined in subsection 20A -2.5(D), and accessory uses, including
one accessory watchman facility limited to one hundred fifty
(150) square feet.
C. Conditional uses. In this district as a conditional use a
building or premises may be used for only the following condi-
tional uses upon compliance with applicable conditions stated in
Article VI and all other applicable provisions of this code, includ-
ing site plan review and performance criteria. The planning and
zoning commission shall ascertain if such conditions and provi-
sions are satisfied. Appeal of such decisions shall be heard by the
city council.
Conditional uses: Public protective and emergency services,
public parks and recreation areas, unenclosed commercial amuse-
ments, and accessory uses.
D. Size and dimension criteria:
1. Minimum lot size: None; except fifteen thousand (15,000)
square feet for new subdivisions approved subsequent to
the adoption of this ordinance.
2. Minimum lot width: None; except one hundred (100) feet
for new industrial subdivisions approved subsequent to
the adoption of this ordinance.
3. Minimum lot depth: 125 feet.
4. Maximum building height: 35 feet. No structure shall be
erected within the approach zones of active runways on the
Sebastian Municipal Airport at a height in excess of those
permitted by the FAA or the city council. All structures
shall comply with the City of Sebastian Airport Master
Plan.
5. Minimum living area: N/A.
6. Minimum setbacks:
(a) Front yard: 20 feet, except new industrial subdivision
shall have a twenty -foot setback.
(b) Side yard (interior): None required.
149
§ 20A-2.3. SEBASTIAN LAND DEVELOPMENT CODE
ble to the property to which it reverted shall apply to such
vacated or abandoned road, street or alley.
(10) Excluded areas: Where parcels of land and water areas
have been inadvertently excluded from a zoning district
classification in any manner, said parcels shall be classi-
fied in conformance with the most restrictive zoning dis-
trict which abuts the excluded area until or unless changed
pursuant to amendment procedures contained herein.
Sec. 20A-2.4. Compliance with district regulations.
No building or structure shall be erected, reconstructed or
structurally altered, nor shall any building, land or water be
used for any purpose other than a use permitted in the district in
which such building, land or water is located. No building or land
shall be used so as to produce greater heights, smaller yards, or
less unoccupied area and no building shall be occupied by more
families than hereinafter prescribed for such building for the
district in which it is located. No lot, which is now or which may
be hereafter built upon shall be so reduced in area so that the
yards and open spaces will be smaller than prescribed by this
article.
Sec. 20A-2.5. Land use classifications.
The purpose of these provisions is to classify uses into specially
defined types on the basis of common functional characteristics
and land use compatibility. These on
apply throughout
the zoning regulations. All land use activities are classified into
the following activity types.
A. Residential activities:
1. Single-family dwellings
2. Two-family dwellings
3. Multi -family dwellings
4. Mobile homes
5. Accessory residential activities
58
LEGAL BASIS AND GENERAL PROVISIONS $ 20A-2.5.
and having pumps, underground storage tanks and other
facilities for such activity and which may include the re-
tail sale of minor automobile parts and accessories such as
tires, batteries, spark plugs, fan belts, shock absorbers,
mirrors, floor mats, cleaning and polishing materials and
similar items, and which may include the inspection, ser-
vicing or minor repair of motor vehicles. These services
shall not include body repair and painting, frame straight-
ening, or tire recapping or vulcanizing.
23. Vehicular sales and related services. The retail or whole-
sale sale or rental of motor vehicles and related equip-
ment, with incidental services and maintenance.
24.
Veterinary medical services. The provision of animal medi-
cal care and treatment by a Florida licensed veterinarian.
25.
Wholesale trades and services. The display, limited storage
and sale of goods to other firms for resale, excluding out-
side storage, except as otherwise provided in this chapter.
D.
Industrial activities. The following compatible land uses are
included in the industrial land use classification:
1.
Vehicle and other mechanical repairs and services, includ-
ing those not permitted as commercial zoning activities
including paint and body shops.
2.
Kennels for boarding of domestic dogs and cats and veteri-
nary medical operations.
3. Manufacturing activities, including assembly and distribu-
tion of goods, maintenance, repair, reconditioning, clean-
ing, transportation, utilities, printing, cooking, fruit and
vegetable packing and/or processing, general packaging
and processing activities, testing and research and devel-
opment industries, ice plants, commercial laundries, stone
shops, machine shops, agricultural research laboratories,
vocational and trade schools, and accessory uses.
Other manufacturing uses approved by the city building
official based on similarity of use, excluding metal fabrica-
67
4 20A-2.5. SEBASTIAN LAND DEVELOPMENT CODE
tion, chemical or petroleum manufacturing, rubber or plas-
tics manufacturing, or other use generating potentially
harmful nuisance impacts such as noise, vibration, glare,
dust, explosive or fire hazard, offensive odors beyond the
property line or causing air or water pollution in violation
of performance standards contained herein or in violation
of applicable state or federal standards; and based on ab-
sence of any characteristic dissimilar and incompatible
with the uses identified herein.
4. Truck or bus terminal facilities, including motor freight
transportation, and moving and storage facilities.
5. Manufacturing service establishments, such as heavy ma-
chinery repair and service; heavy machinery or heavy equip-
ment rental or other service uses approved by the city
building official based on similarity of use, excluding ser-
vices which may generate potentially harmful nuisance
impacts; and based on absence of any characteristic dis-
similar and incompatible with the uses identified herein.
6. Warehousing, storage and distribution activities, including
building contract construction, building supplies, furniture
stores with major warehousing, and trade services with
extensive warehousing, trucking support facilities, or re-
quirement of outside storage.
Sec. 20A-2.6. Special use permits.
A. Jurisdiction. Notwithstanding any provisions of this arti-
cle, the city council may, in its sole discretion, grant a special use
permit in any district for a use which is not provided for in the
zoning regulations. All such uses shall not be otherwise illegal,
shall not be specifically prohibited pursuant to the comprehen-
sive plan or other applicable law or regulations, and shall satisfy
the following findings of fact by the city council.
B. Required findings of fact. The city council shall not grant
any special use permit under this section unless it shall make
findings based upon the evidence presented to it in each specific
case that:
1. The granting of the special use permit will not be detri-
mental to the public safety, health or welfare or be injuri-
68
LEGAL BASIS AND GENERAL PROVISIONS 4 20A-2.6.
�• ous to other properties or improvements within the imme-
diate vicinity in which the property is located; and
2. The use requested is consistent with the purpose and in-
tent of the respective district, and can be demonstrated to
be similar in nature and compatible with the uses allowed
in such district.
C. Conditions. In granting special use permits under this sec-
tion, the city council may require such conditions as will, in its
judgment, substantially secure the objectives and intent of the
zoning regulations and other components of the city s aTind devel-
opment controls.
D. Public hearing. Before acting on any request under this
section, the city council shall hold a public hearing thereon, with
notice as follows:
1. By publication in a newspaper of general circulation in the
City of Sebastian at least seven (7) days prior thereto; and
2. By certified mail, return receipt requested, to the owners
of record of real property located within two hundred (200)
feet of the real property involved in such request, at least
fifteen (15) days prior thereto. This requirement is direc-
tory only and not mandatory.
E. Fees and costs. There shall be an application fee for a spe-
cial use permit under this section. The amount of the fee shall be
determined by resolution of the city council. The applicant shall
bear the expense of giving the required notices.
Cross reference—Conditional use and special exception use criteria, Art. VI.
IThe next page is 1191
69
§ 20A-6.17. SEBASTIAN LAND DEVELOPMENT CODE
therein. Where any drain pipe is laid under a driveway or similar
installation, the final grade of the fill with sod overlay shall be at
least two (2) inches below the invert of the ends of the pipe so that
the sod does not obstruct the flow of water from the pipe.
C. It shall be the continuing responsibility of any owner of the
lot to maintain such swales, ditches, and pipes to maintain the
proper flow of surface water.
(Ord.'No. 0-87-16, § 1, 6-10-87)
Sec. 20A-5.18. Construction of driveways, swales, and other
improvements affecting drainage.
The design of all drainage provisions to new or existing drive-
ways or other elements of the circulation system potentially im-
pacting drainage shall be approved by the city engineer prior to
commencement of construction or excavation activity. Review by
the city engineer is necessary in order to assure that:
1. New driveways and other elements of the circulation sys-
tem provide adequate drainage, swales, ditches or similar
stormwater channels and;
2. Improvements to existing driveways or other elements of
the circulation system are designed to protect and/or en.
hance existing drainageways, or needed drainageways, as
deemed appropriate by the city engineer.
Driveways are encouraged to be paved and culverts shall be
designed to meet accepted engineering standards. The city engi.
neer shall administer the provisions of this section based on
generally accepted engineering principles and practices.
Scc. 20A-5.19. Excavation and mining—Purpose.
The city finds that it is necessary to regulate excavation activi-
ties, including mining, in order to prevent public nuisances, safety
hazards, and damage to private and public property in the exca-
vation and mining of land. Further, such regulations are neces-
sary in order to protect the environment, including the quality
and quantity of ground and surface waters.
(Ord. No. 0-88-27, § 2, 11-30-88)
Supp. No. 6 340
...........
LEGAL BASIS AND GENERAL PROVISIONS § 20A5.20.
Editor's note—Ord. No. 0-88.27, H 1, 2, adopted Nov. 30, 1988, repealed §
20A5.19, and enacted § § 20A -5.19-20A-5.45 to read as herein set forth. Prior to
repeal, former § 20A-5.19 pertained to sandmining and special use permit re-
quired therefor, and was derived from Ord. No. 0-88.12, § 1, adopted May 25,
1988.
Sec. 20A5.20. Same—Definitions.
(a) Atlantic coastal sand ridge A prehistoric geologic forma-
tion located parallel and proximate to United States Highway
No. 1 in Indian River County. For the purposes of this section, the
sand ridge shall be characterized by having a combination of the
following attributes:
(1) The substrate is predominately excessively drained deep
sandy soils or associated moderately well -drained soils,
which include, but are not limited to: Paola, St. Lucie,
Astatula, Arcbold, Pomello, Orsino, and Jonathan soil se-
ries (as verified by the soil conservation service);
(2) The land supports predominately sand pine (Pinus clausa)
and associated scrub vegetation; and/or
(3) The natural topographic elevation is equal to or greater
than twenty-five (25) feet mean sea level (MSL).
(b) Banktop. The point where the upward slope of the land
from the water surface, or the bottom of a dry excavation, inter-
sects with the existing ground elevation or crest of berm, which-
ever is of higher elevation.
(c) Control elevation That height above sea level established
for a surface water management system and its control struc-
tures by the St. Johns River Water Management District through
the analysis of engineering criteria for such systems and flood
routing calculations, or as determined by the city engineer where
St. Johns River Water Management District permits are not
required.
(d) Excavation The removal of any rock, gravel, soil, shellrock
or mineral from the ground where such removal is incidental to
any city development order or permit, including approved site
plans, subdivision plats, final development plans and/or building
permits. Where excavation is associated with construction of a
Supp. No. 6 341
5 20A-5.20. SEBASTIAN LAND DEVELOPMENT CODE
single-family residence, and such excavation is not authorized --
through any city development order or subdivision plat, all exca-
vated materials in excess of one thousand (1,000) cubic yards
shall remain on site.
(e) Extended littoral zone shelf The most landward extent of
the littoral zone, located between control elevation and one verti-
cal foot above elevation. This segment of littoral zone receives
intermittent inundation and is the area where trees are to be
planted in association with implementation of water manage-
ment standards as contained herein.
(f) Fill The placement of any sand, rock, gravel, soil, shellrock
or mineral on the ground.
(g) Mine abandonment. The cessation of mining activities in-
cluding, but is not limited to, excavation, dewatering, stockpil-
ing, and removal of material off-site for a period of more than one
year as reflected in the annual mining report.
(h) Mining. The excavation of more than five thousand (5,000)
cubic yards of sand, rock, gravel, soil, shellrock or minerals from
any project site in any calendar year, where the excavated mate-
rial is hauled from that project site to another location across any
public or private road, except for those private roads solely within
the applicant's property.
(i) Low water elevation. The normal water table for January to
March as determined by the city engineer.
0) Project site That portion of the real property which is being
excavated or mined together with all property within one hun-
dred (100) feet of the perimeter of the excavation or mining
activity.
(k) Water body. Any natural or artificial pond, lake, reservoir,
or similar area which ordinarily contains water and which has a
discernible shoreline.
(1) Wetlands. Wetlands shall be defined as set forth in section
20A -10.2(G) of the Land Development Code.
(m) Type "A" screening. An opaque screen is intended to com-
pletely exclude all visual contact between uses. The type "A"
screen shall be completely opaque from the ground up to a height
Supp. No. 6 342
LEGAL BASIS AND GENERAL PROVISIONS § 20A5.22.
of at least six (6) feet, with large trees utilized as intermittent
visual obstructions from the opaque portion to a mature height of
at least twenty (20) feet. The opaque screen may be composed of a
wall, fence, landscaped earth berm, planted vegetation, or exist-
ing vegetation, or any combination thereof which contains a com-
pletely opaque screen of at least six (6) feet in height. Compliance
of planted vegetation screens or natural vegetation will be judged
on the basis of the average height and density of foliage of the
subject species at the time of planting, or field observation of
existing vegetation. The six-foot opaque portion of the screen
must be opaque in all seasons of the year.
(Ord. No. 0-88-27, § 2, 11-30-88)
Sec. 20A-5.21. Same—Prohibited activity.
It shall be illegal for any person, association, corporation or
other entity to excavate or mine any real property in the city,
without first obtaining a permit for such activity, except as ex.
empted in section 20A-5.22. It shall be illegal for any person,
association, corporation or other entity to engage in permitted
activity in a manner contrary to the conditions set forth in such
permit.
(Ord. No. 0-88-27, § 2, 11-30-88)
Sec. 2OA-5.22. Same—Exceptions.
Except as may be permitted by section 20A-5.17 of this Land
Development Code, the following activities shall be exempted
from the permitting requirements of this Land Development Code:
(a) Earthmoving in conjunction with the installation of a util-
ity, wherein the excavation is to be backfilled.
(b) Construction of state, federal, or local public roads and
public works within the limits of public property.
(c) Graves.
(d) Any activity regulated by the Florida Electrical Power
Plant Siting Act, codified as Sections 403.501 through 403.517,
Florida Statutes (1987), and the Transmission Line Siting
Act, codified as Sections 403.52 through 403.536 Florida
Statutes (1987), to the extent that the provisions of this
code are preempted by said acts.
Supp. No. 6 343
§ 20A5.22. SEBASTIAN LAND DEVELOPMENT CODE
(e) Maintenance activities undertaken by a public utility, as
defined in Section 366.02, Florida Statutes (1987), with
regard to existing electrical power plants, reservoirs and
other related activities.
(f) Any excavation incidental to any authorized city develop-
ment order or permit, including approved site plans, sub-
division plats, final development plans and/or building per-
mits, whereby no more than five thousand (5,000) cubic
yards of excavated materials are removed from the premises.
(g) Maintenance dredging of lakes or canals. However, this
paragraph shall not be construed to exempt excavation
activities resulting in the creation of a water body.
(h) Incidental filling activity on developed single-family resi-
dential property such as the placement of topsoil for a
garden, and marl, gravel, shell, or other similar material
for a driveway, that will not include more than fifty (50)
cubic yards in any one calendar year.
(i) A pond on a single-family residential lot, provided that:
1. The pond is no greater than one-half acre in size or
twenty (20) percent of the lot, whichever is more
restrictive;
2. No excavation takes place within fifty (50) feet of the
lot property line;
3. The excavation does not disturb any existing wetland;
4. Average water depth in the pond does not exceed twelve
(12) feet;
5. Side slopes are not greater than one foot vertical to
four (4) feet horizontal;
6. There shall be no hauling of excavated material from
the property; and
7. A pond permit is obtained from the city building
department.
(Ord. No. 0-88-27, § 2, 11-30-88)
Secs. 20A -5.23-20A-528. Reserved.
Supp. No. 6
344
LEGAL BASIS AND GENERAL PROVISIONS 5 20A-5.29.
Sec. 20A-5.29. Excavation and mining—Water management
standards.
(a) Any excavation or mining activity which results in the
creation or expansion of a water body shall be subject to the
following standards, except as specifically exempted in section
20A-5.22.
(b) A littoral zone shall be established as part of any created
water body. A design and management plan must be submitted
which shall:
(1) Include a topographical map of the zone showing the con-
trol elevation contour and the minus two and one-half
(-2%) feet control water elevation contour, and include a
cross-sectional view of the littoral zone planting design,
showing the required slopes from the top of the bank to a
depth of two and one-half (21h) feet below the control water
elevation.
(2) Specify how vegetation is to be established, including the
extent, method, type and timing of any planting provided;
(3) Provide a description of any water management procedures
to be followed in order to ensure the continued viability
and health of the littoral zone; and
(4) Include a plan view which documents the location and
quantity of the littoral zone.
(c) The established littoral zone shall consist of native vegeta-
tion, and shall be maintained permanently as part of the water
body. All landscaping, littoral zone vegetation plans and lake
management plans shall comply with the St. Johns River Water
Management District rules and shall be subject to approval by
the city building official.
(d) Within extended'littoral zone shelves (at the landward base
of the littoral zone side slopes), the applicant is required to pro.
vide a minimum of one tree for every five hundred (500) square
feet of littoral zone coverage. The proposed trees must be of a
minimum size consistent with Florida Division of Forestry seed-
lings and consist of native, freshwater wetland varieties such as
red bay, red maple, bald cypress, etc.
1 Supp. No. 6 345
§ 20A-5.29. SEBASTIAN LAND DEVELOPMENT CODE
(e) The slopes of the water body areas from the top of bank to
the littoral zone area shall not exceed one foot vertical to three (3)
feet horizontal. Littoral zones and extended littoral zone shelves
shall be located within an area bounded by a landward limit of
one foot above the control water elevation and a waterward limit
of two and one-half (2%) feet below the control water elevation.
The amount or area of littoral zone shall be computed at a rate of
fifteen (15) square feet of littoral zone (below control elevation)
per linear foot of shoreline. The littoral zone slope shall not be
steeper than an average slope of one foot vertical to six (6) feet
horizontal, and the littoral zone need not be established in a
continuous band around the water body. Although no minimum
slope below the littoral zone is required, the slope below the
littoral zone shall be constructed so that natural soil movement
will not reduce the littoral zone area.
M There will be no significant adverse off-site impact on ground
water quality or ground water levels. In the event of dewatering
associated with excavations, including mining, the applicant shall
present evidence that no saltwater intrusion and/or reduction in
quality of well water available to properties within one-quarter
mile of the permitted activity will occur.
(g) The water management system, including swales, intercon-
nected wetlands, and lakes, must be specifically designed to in-
hibit siltation and the eutrophication processes. To ensure this,
the applicant must submit an environmental management and
lake monitoring plan, which meets with the approval of the city
building official, specifying the method for monitoring the sys-
tem and corrective action should eutrophication and/or siltation
occur.
(h) A twenty -foot -wide access maintenance easement shall be
provided for every one thousand (1,000) feet of shoreline. This
easement shall extend from below control elevation of the lake to
a public or private road right-of-way.
(Ord. No. 0-88-27, § 2, 11-30-88)
Sec. 20A-5.30. Same—Mining permit regulations.
(a) Applicability. A city mining permit shall be required for
any mining activity except as specifically exempted in section
Supp. No. 6 346
MIN
LEGAL BASIS AND GENERAL PROVISIONS 4 20A-5.30.
20A-5.22. Any request for a mining permit shall be considered to
be an application for a special use permit, and the procedure set
forth in section 20A-2.6 of this Land Development Code shall be
followed.
(b) Application procedures. Mining permit applications shall
be made in the building department in accordance with site plan
submittal requirements set forth in Article X, "Site Plan Re-
view." The site plan application must demonstrate conformance
with all city codes, and include the following specific submittal
requirements:
(1) A mining plan, including:
(i) Plan review and cross-sections of mining areas;
(ii) Amount of fill to be removed, expressed in cubic yards;
(iii) Timetable of mining activity;
(iv) Method of mining;
(v) Hours of operation; and
(vi) Safety and security plan.
(2) A restoration plan, including:
(i) A description of the eventual future use of the site;
(ii) Final grades of the site.
(c) Conditions of the mining permit
(1) The maximum project -site development phase for mining
activities shall not exceed twenty (20) acres.
(2) No mining shall occur within one hundred fifty (150) feet
of a projected right-of-way line of any existing or proposed
public road, nor within one hundred fifty (150) feet of the
outer perimeter of the project site. Where a mining opera-
tion consists only of the removal of a mound and does not
consist of lowering the elevation of ground below the neigh-
boring property, an exception to the one hundred fifty (150)
foot setback may be permitted at the time of site plan
approval.
(3) Any mining activity that results in the creation or expan-
sion of a water body shall be subject to the provisions of
section 20A-5.29. Projects creating water bodies must also
Supp. No. 6 347
¢ 20A-5.30. SEBASTIAN LAND DEVELOPMENT CODE
provide a safety and security plan for the mining operation
phase, including, but not limited to, fences, access, control,
and other security provisions.
(4) 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 than twenty-
five (25) feet mean sea level (MSL) for that portion of the
project site located on the sand ridge. Mining project sites
that are large enough to fall within St. Johns River Water
Management District (SJRWMD) permitting requirements
shall conform to SJRWMD permitting requirements con-
cerning depth of mining and all other applicable SJRWMD
permitting requirements.
(5) If the project site is adjacent to a residentially zoned area,
the perimeter of the site abutting such an area shall in-
clude a fifty -foot -wide bufferyard and type "A" screening
along said site boundary.
(6) No crusher, mixing plant, bin, tank, or structure directly
involved in the production process shall be located less
than six hundred (600) feet from any adjacent residentially
zoned property, and two hundred fifty (250) feet from all
other adjacent nonresidentially zoned property.
(7) Hard rock mining activities shall ensure that measures
are taken to control dust.
l (S) The city planning and zoning commission shall, upon fa-
vorable review of the mining site plan, forward its recom-
mendations to the city council. The city council may, after
a public hearing, order issuance of an operating permit to
the owner of the land under his signature if all conditions
precedent are met, and such permit shall be issued by the
building department within ten (10) days after the deter-
mination of compliance by the city council.
(9) Provisions for continuing operation. Nothing herein shall
be construed as a requirement that an operator of an exist-
ing sand mine shall cease operations until a mining site
Supp. No. 6 348
LEGAL BASIS AND GENERAL PROVISIONS 9 20A-5.30.
plan has been approved, provided a mining site plan has
.been previously approved and maintained.
(d) Operating conditions of mining.
(1) Applicants operating in a nonresidentially zoned district,
where the project does not abut a residentially zoned dis-
trict, shall not be limited to specific hours of operation
unless a determination is made by the city council con-
cerning the need of limiting hours of operation due to the
anticipated impact of the mining operation on surrounding
properties.
(2) Applicants operating in a residentially zoned district or in
any district which abuts a residentially zoned district shall
be permitted to operate between the hours of 7:00 a.m. to
5:00 p.m. on weekdays; operation on Saturday and Sun-
day, and/or operations other than between 7:00 a.m. to
5:00 p.m. may be permitted by the city council if the im-
pact of the mining operation on surrounding properties
will not constitute a nuisance to the neighborhood.
(3) Permanent project boundary corners, with intermediate
stakes at a minimum interval of three hundred (300) 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 permits.
(4) Annual progress report. The applicant holding a valid min-
ing permit shall file, on or before October 1 of each year, a
written report with the city building department identify-
ing the lands mined and reclaimed for the preceding cal-
endar year and identifying lands expected to be mined and
lands planned for reclamation during the current year.
The report shall also verify compliance with all conditions
of other permitting authorities and shall note the expira-
tion dates for all permits. Failure to file the required an-
nual progress report shall be grounds for suspension of the
operating permit; however, an extension of time for filing
may be granted by the planning and zoning commission
upon written request and for reasonable cause, after hearing.
(5) The land surface shall be restored to a condition which is
in complete compliance with the site plan for reclamation
Supp. No. 6 349
§ 20A-6.30. SEBASTIAN LAND DEVELOPMENT CODE
and rehabilitation of the area. Mining shall not be carried
on within one hundred fifty (150) feet of the projected
right-of-way line of any existing or proposed public road
nor within one hundred fifty (150) feet of the outer perime-
ter of the land area. Where a mining operation consists
only of the removal of a mound and does not consist of
lowering the elevation of ground below the neighboring
property, an exception to the one hundred fifty (150) foot
outer perimeter setback may be permitted at the time of
the site plan approval. All slopes and banks shall be sloped
at a ratio not steeper than three (3) feet horizontal to one
foot vertical, and graded, grassed, and stabilized.
(e) Requirement of bonds and forfeiture
(1) Intent. Compliance and restoration bonds shall be posted
to ensure that the site is developed, operated, and restored
in conformance with the approved mining site plan. The
compliance bond can be assessed as a penalty only to viola-
tions of site plan approval that are chargeable to the min-
ing permit holder, and those under his supervision, direc-
tion, or control. The restoration bond is to provide funds to
restore the site.
(2) Amount The compliance bond shall be posted in the amount
of one thousand dollars ($1,000.00) per acre of project site
with a minimum of five thousand dollars ($5,000.00). The
restoration bond shall be posted in the amount of one
thousand dollars ($1,000.00) per acre of excavation with a
minimum of five thousand dollars ($5,000.00).
(3) Phasing. When one phase of twenty (20) acres or less is
completed and in conformance with the submitted site plan
for reclamation and rehabilitation, and in conformance
with this code, the compliance and restoration bonds may
be transferred to the next phase under the approved site
plan. More than one phase at a time may be mined concur-
rently; however, each phase shall be fully bonded, as re-
quired by this code.
(4) Renewal Within thirty (30) days preceding bond expira-
tion, a bond renewal or new bond, in form and. amount
Supp. No. 6 350
LEGAL BASIS AND GENERAL PROVISIONS § 20A-5.34.
approved by the city manager and city attorney, shall be
filed in the city building department. This process shall be
continued through the completion of each mining operation.
(5) Forfeiture Upon a finding of noncompliance with the pro-
visions of this code or the approved mining site plan or
reclamation site plan, or failure to renew bonds within
thirty (30) days of expiration, the building official shall
notify the permit holder in writing of the noncompliance
and the pending forfeiture of the compliance and/or resto-
ration bond. This notice shall also include notice of the
appeal process as set forth in section 20A-5.44.
(i) The compliance bond shall be forfeited for violating
the conditions of site plan approval including, but not
limited to, unapproved off-site discharge of water, fail-
ure to confine hauling to approved hauling routes,
operating in violation of the safety, and/or security
plan, excavating within required setbacks, mining of
additional phases prior to restoration of the previous
phase, and activity not consistent with permits issued
by the city and other jurisdictional agencies. Upon
appeal by the applicant, the city council may, upon
determining findings of fact, conclude that the viola-
tion did not occur or was insignificant and may return
all or part of the compliance bond.
(H). The restoration bond shall be forfeited for violating
the conditions of the restoration plan including, but
not limited to, mine abandonment prior to restoration,
restoration not completed within the approved timeframe,
restoration not consistent with water management stand-
ards, and restoration activities not consistent with per-
mits issued by the city and other jurisdictional agen-
cies. After a hearing by the city council, and the de-
termination of findings of fact, the city may use the
funds to restore the site in accordance with the ap-
proved site plan. Any funds remaining after the com-
pletion of the work shall be returned to the bond holder.
(Ord. No. 0-88-27, § 2, 11-30-88)
Secs. 20A -5.31-20A5.34. Reserved.
Supp. No. 6 351
§ 20A5.35. SEBASTIAN LAND DEVELOPMENT CODE
Sec. 20A-5.35. Excavation and mining—Use of public and
private roads.
Any mining permit issued pursuant to this code shall be sub-
ject to the following provisions:
(a) The applicant shall ensure that neither public nor private
properties will be damaged by the hauling of mine materi-
als and that hazardous traffic conditions will not be creat-
ed. All such applications shall identify and authorize the
fill hauling route. If private roads or easements are in-
tended to be used, written permission shall be submitted
from the person or persons owning said road or easement
as part of the application materials. No load limit shall be
exceeded along the hauling route.
(b) Where deemed necessary by the city engineer, mats, cul-
verts, ramps, or paved drives shall be placed at entrances
and/or exits of haul sites in such positions that pavement
edges, shoulders, curbs, and sidewalks will be protected
from damage.
(c) Where damage occurs at the access point to a city, county,
or state road from a permitted project, the permittee shall
be responsible for repairs, and no future development per-
mits shall be issued for the site until the damage has been
repaired to the satisfaction of the applicable governing
body. To ensure compliance, security may be required by
the city in an amount and form to be approved by the city
engineer and the city attorney.
(d) Where vehicles hauling materials use public roads, such
vehicles shall be covered in a manner to prevent spillage,
to the satisfaction of the city engineer.
(e) All hauling vehicles shall have the trucking company name,
wiling address, and telephone number prominently dis-
played on both sides of the vehicle in letters at least three
(3) inches in height and in a color contrasting the color of
the truck.
(Ord. No. 0-88-27, § 2, 11-30-88)
Supp. No. 6 352
LEGAL BASIS AND GENERAL PROVISIONS $ 20A5.37.
Sec. 20A-5.36. Same—Duration and completion of permits.
(a) All permits shall expire one year from the date of issuance,
except when otherwise authorized by a site plan or subdivision
approval. A permit may be renewed by paying a renewal fee and
filing an annual progress report demonstrating that the permit
criteria have been met. This report must meet the specifications
of subsection (b) of this section.
(b) For all permitted projects, a record drawing by a surveyor
or engineer registered in the State of Florida shall be provided to
the building department at the completion of the permitted project.
The record drawing shall contain sufficient information to indi-
cate that all of the requirements of this code have been met, and
shall include cross-sections of the excavation and a plan draw-
ing which locates the extent of the excavation with dimensions to
all property lines.
(c) The permittee shall maintain a copy of the fill and/or min-
ing permit on the permitted site during the entire permit period.
This permit shall be fully visible at a location designated in the
application.
(d) No permit shall be issued under this Land Development
Code if a violation is existing on the subject property, nor shall
any permits be issued to any person who is currently in violation
of any section of this Land Development Code. This prohibition is
not intended, however, to preclude the issuance of a permit to
correct any existing violation.
(Ord. No. 0-88-27, § 2, 11-30-88)
Sec. 2OA5.37. Same—Inspection and revocation of permits
(a) The city shall not be denied the right to enter the project
site for inspection at any time during the permit period.
(b) Upon the finding of noncompliance with any provision of
this Land Development Code, the city building official shall no-
tify the permit holder in writing of the noncompliance. Unless an
immediate safety hazard exists, the permittee shall be given five
(5) working days to correct the violation, after which time the
permit shall be suspended if the violation is not corrected.
Supp. No. 6 353
§ 20A5.37. SEBASTIAN LAND DEVELOPMENT CODE
(c) In cases where a violation of a section of this Land Devel-
opment Code poses an immediate threat to life and property, as
determined by the city building official, the permit shall be sus-
pended and the permittee shall be immediately notified of the
suspension and of his duty to begin immediate mitigation and
correction of the hazard. If such mitigation and correction does
not progress to the satisfaction of the building official, the city
shall have the right to make all necessary corrections at the
applicant's expense.
(Ord. No. 0-88-27, § 2, 11-30-88)
Secs. 20A -5.38-20A-5.42. Reserved.
Sec. 20A-5.43. Excavation and mining—Mining permit fees.
(a) The applicant for mining permits shall be required to file a
fee with the application in an amount to be established by resolu-
tion of the city council.
(b) Permit renewal fees shall be one-half of the amount of the
original fee.
(Ord. No. 0-88-27, § 2, 11-30-88)
Sec. 20A5.44. Same—Appeals.
(a) Any person receiving written notice of suspension of a per-
mit may, within fifteen (15) days following the date of such
notice, enter an appeal in writing to the city council. Such writ-
ten appeal shall be deposited with the city clerk who shall stamp
thereon the date and time received. Such written appeal must
include a description of the property, the date of the notice of
violations, and the number of such notice. The city council shall,
within fourteen (14) days, hold a hearing on this appeal. At the
conclusion of such hearing, the city council may continue the
suspension, modify the suspension, revoke the operating permit,
or reverse the decision of the building official.
(b) The city council shall not act upon any appeal which is filed
later than the fifteen (15) days notice set forth above.
(Ord. No. 0-88-27, § 2, 11-30-88)
Supp. No. 6 354
LEGAL BASIS AND GENERAL PROVISIONS § 20A5.45.
See. 2OA-5.45. Same—Violations and penalties.
(a) Any person, partnership, firm, or corporation, or anyone
acting in behalf thereof, who shall violate or fail to comply with
any of the provisions of sections 20A-5.19 through 20A-5.45 of the
Land Development Code shall be guilty of a misdemeanor of the
second degree and punishable as provided by general law of the
State of Florida. Each day after the first seven (7) days that a
violation is continued or permitted to exist without correction
shall constitute a separate offense.
(b) The city may enforce its mining and excavation regulations
by seeking injunctive relief or any other remedy afforded by law.
(Ord. No. 0-88-27, § 2, 11-30-88)
Me next page is 3931
Supp. No. 6 _ 355
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City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
MEMORAND
TO: Mayor and City Council
FROM: Planning and Zoning Commission
DATE: March 4, 1994
RE: Vicker's Grove
At their regular meeting of February 3, 1994, the Planning
and Zoning Commission moved to recommend to the City Council
the modification of the Preliminary Plat for Vicker's Grove
Subdivision. Motion carried 5-1.
At their regular meeting of March 3, 1994, the Planning and
Zoning Commission, by unanimous vote, moved to recommend to
the City Council the Special Use Permit for expansion of
Vicker's Grove Subdivision.
:sh
pzmemo.doc
�XftiBiT /�
Table I-5, Consumption of Improved and Unimproved Land: Year 2010
City of Sebastian
F.S. 9-J5.006(2)(c)
ww RwxifawRlwRRlawlu!!!♦wwlaRlaaRwaRRxxw•w•awflRwl axR!!lxxRRawRawwlx»!!!RRla
LAND USE ExTG LAND PROJECTED NEED FUTURE LAND % OF
CATAGORY USE (ACRES) FOR ADDIL LAND PROFILE TTL AREA
wlxll,wllxwaif llaff aRRf x!lltaawi wwaRaf RRaxlalRllRawwRRwaRRRllxRfa Rf llRf wlxRlf•
RESIDENTIAL 4,545 243 4,788 (1) 55.40%
Single Family 4,204 0 4,204 (1) 48.64%
Existing 1,022 3,184
Committed (1) 3,182 1,020
Mobile Home 256 0 256 (1) 2.96%
Existing 44
Committed (1) 212
Multi -family 85 243 328 (1) 3.79%
Existing 50
Committed 35-1
198 185 383 4.43%
! I
COMMERCIAL
N/A N/A 287 3.32%
Retail
N/A N/A 96 1.11%
Office
INDUSTRIAL 55 241 296 3.42%
INSTITUTIONAL 254 0 254 2.94%
RECREATION 8 OPEN 204 2.36%
C,.4
SPACE (Total) 204 (2)
N,.�`
Golf Course 154 - 154 1.78%
Prks. & Open Spc 50 84 50 (2) 0.58X
STREETS & DRAINAGE 14.95%
(3) 1,292
Rights -of -Way 1,292
AIRPORT 318 0 318 3.68%
-----------------------------------------------------------------------------
Total Developed 6,866 7.535 87'18%
Total Undeveloped 1,777 405 4.69%
Total Consrvn. Use N/A 703 8.13%
8,643 100.00%
TOTAL LAND AREA 8,643
a R!!wR» f f aw R w RRwM R u RaRR wR!!w uwwR! R w RRwa wxRRwRRf wwww wRHRuw
• ♦RR Rw R •!! wRR x
(1) committed acres includes those vacant residential acres within the Sebastian
Highlands development or planned emit developments which have received final
development plan approval. Cross reference Table III -12, "Projected Year 2010
Demand for Dwelling Units by Type and Estimated Acreage Requirements" which
presents the methodology for estimating future residential acreage needs based
on projected population and housing needs.
(2) Cross reference Map 1-9, "Areas Reserved for Conservation or Restricted Development'-
evelopment"in
inthe Future Land Use Series contained in the Land Use Element of the Goals,
Objectives and Policies and Table 1-3.1, "Existing and Projected Future Use of
Undeveloped Lands" which quantifies acres in conservation use, as well as acreage
allocated to "Restricted Development".
(3) Right -of -Way included in projected gross land area needs.
SOURCE: Solin and Associates, Im- 1991-
1-39
0
MULTIPLE FAMILY PROPERTY
CITY OF SEBASTIAN
Location
Schumann Area
Foster Road Area
ct— i i7` 11
Acres
60.07
69.79
Skillman Property off Main SL-. 9.49
Delmonte Road Area 10.45
Vickers Grove 19.05
Sebastian Lakes 8.61
214.26
COMMERCIAL OFFICE RESIDENTIAL PROPERTY
CITY OF SEBASTIAN
Location Acres
North Indian River Drive 11.86
On U.S. 1 (Fischer) 26.90
Tract L in Unit 17 2.92
Skillman Property off Main St. 3.59
North of Main Street 14.46
Harrison Street Area 2.87
School Park Area 30.79
Along Indian River Drive 14.33
107.72
INDUSTRIAL PROPERTY
CITY OF SEBASTIAN
Location
Surrounding Airport
Off Louisiana Avenue
Off Gibson Street
Acres
314.65
2.07
91.97
Fischer Property off U.S. 1 1.72
Beside Orange Heights .71
High Street- Area 47.35
Beside Park Place 8.03
Vickers Grove Area 55.41
521.91