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HomeMy WebLinkAboutChrono Pages #11/21/88 Planning and Zoning Commission review of Vickers sandmining - recommend approval to City X Council / 2/3/88 Vickers sandmine special use permit application - set public hearing for 3/9/88 - contingent upon VICKERS GROVE SUBDIVISION x 1/23/87 Planning and Zoning Commission meeting - recommend approval of Fischer annexation 3/11/87 Ordinance 0-87-10 Fischer annexation -approximately 151.6 acres - I st reading set -set public Resolution R-88-19 Vickers sandmining special use permit adopted v 6/22/88 hearing for 4/8/87 - intention to continue mining stated 4/8/87 Ordinance 0-87-10 Fischer annexation - public hearing and adoption (advertised in error - no map) - Attorney matters - Collins opinion county ordinance not regulate Sebastian - still researching whether no development plans at this time - Attorney stated all laws applicable to certain zoning apply upon 7/21/88 Planning and Zoning Commission - review Fischer Industrial Subdivision annexation J4/22/87 Ordinance 0-87-10 - Fischer annexation - another 1st reading - past ad was in error - set public hearing for 5/27/87 / / 5/13/87 Resolution R-87-19 - Fischer sandmining public hearing and adoption - action tabled for status on permits from SJRMD J5/27/87 Resolution R-$7-19 - Fischer sandmining public hearing and adoption - verbal approval given to Randy Mosby by SJRWMD 6/10/87 Ordinance 0-87-10 Fischer annexation - Attorney advised legal description error - 30 foot parcel left out - request place on 6/24/87 agenda / v 6/24/87 Ordinance 0-87-10 Fischer annexation - 1st reading - set public hearing for 8/12/87 - approximately 150.654 acres J8/12/87 Ordinance 0-87-10 Fischer annexation - public hearing and adoption - approximately 150.654 acres 1/21/88 Planning and Zoning Commission review of Vickers sandmining - recommend approval to City X Council / 2/3/88 Vickers sandmine special use permit application - set public hearing for 3/9/88 - contingent upon receipt of state permits 3/9/88 Resolution R-88-19 Vickers sandmining special use permit public hearing conducted - motion to approve failed for lack of second - carried to 3/23/88 3/23/88 Resolution R-88-19 Vickers sandmining special use permit adopted v 6/22/88 Discussion of sandmining complying with county ordinance - motion to direct City Attorney to research - would like new ordinance regulate R-88-19 J 7/13/88 Attorney matters - Collins opinion county ordinance not regulate Sebastian - still researching whether new ordinance would affect current sandmine operation (R-88-19) 7/21/88 Planning and Zoning Commission - review Fischer Industrial Subdivision J 7/27/88 Attorney directed to redraft sandmining ordinance J5/8/91 Vickers Grove preliminary subdivision plat - Attorney to draft resolution with conditions f 6/12/91 Resolution R-91-18 Vickers Grove preliminary plat - 117 acres adopted 2/23/94 Schedule Public Hearing for Vickers Grove Sandmining Special Use Permit - Request to Expand Existing Sandmine and Modify Preliminary Plat (see 90.116 and 91.138)- public hearing scheduled for 3/16/94 / V 3/16/94 Sandmining approved - preliminary subdivision modification postponed to 4/20/94 - City Attorney to draft resolution to issue sandmining special use permit 4/20/94 hearing on major modification to preliminary plat - continued to May 18, 1994 special meeting 5/18/94 tentatively approved with conditions - will come back in form of resolution 7/6/94 Resolution R-94-25 - attorney to work with Dill on minor amendment to Section 2 A - bring back resolution to Council J 2/8/95 RESOLUTION NO. R-95-06 - Vickers Grove Subdivision Preliminary Plat - adopted sandmining final approval still pending 2/22/95 RESOLUTION NO. R-95-07 - Vickers Grove Sandmining Special Use Permit - adopted - City Council consensus to draft new resolution to amend expiration date of R-95-06 / ( 3/8/95 RESOLUTION NO. R-95-16 - Vickers Grove Preliminary Plat - Amending Commencement Date - adopted J10/9/96 Approve Eighteen Month Preliminary Plat Extension for Vickers Grove Subdivision to Expire April 9, 1998 - 10/9/96 agenda - adopted %19/97 Conduct Quasi -Judicial Public Hearing on Sandmining Special Use Permit Application for Vickers Grove Subdivision Phase III - Consider Adoption of Resolution No. R-97-08 - adopted as amended - Conduct Quasi -Judicial Public Hearing on Preliminary Plat for Vickers Grove Industrial Subdivision - Consider Adoption of Resolution No. R-97-10 - adopted as amended LW � City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566 Vickers Grove Subdivision History 1/23/86 Planning and Zoning Commission meeting - recommend approval of Fischer annexation. Dr. Henry Fischer was in attendance and presented the commission with tentative site plans to correlate with the annexation. Dr. Fischer stated that he would like to get the Planning and Zoning Commission's feelings on the proposed zonings before he begins the annexation process. Dr. Fischer stated that the main entrance to this property will be off of Vickers road and it will not interfere with the traffic patterns within the city of Sebastian. Dr. Fischer explained that he would like a second exit for emergency purposes along the railroad track and would feed into Schuman Drive. Dr. Fischer explained that along the residential area in the Sebastian Highlands, he would like to have a thirty -(30) foot buffer which will have trees and grass with picnic tables and would like to deed this park to the people. Dr. Fischer stated that the total amount of industrial area will be approximately thirty-one (3 1) acres. Total acreage is one hundred and fifty (150) acres, most of which will be a rental trailer park. The lots will not be sold, which will give the city more tax base. Dr. Fischer stated that he would like to have this parcel of land zoned industrial/commercial PUD, with an additional section for Mobile Home PUD. Dr. Fischer also stated that he believes the land is now zoned industrial through the county. Dr. Fischer stated that someone in the county could come in and make this property high use industrial at this time. 1 The commission did not state any objections to the proposals give by Dr. Fischer. Motion by Mr. Thompson, seconded by Mr. Wadsworth, to send a letter to the Mayor and City Council recommending that the request for annexation be approved. 3/11/97 Attorney Palmer read, for the first time, by title only, the following ordinance: A. First Reading, set public hearing - an ordinance annexing three parcels of land: Parcel A located in the NW '/4 of Section 20, Township 31 South, Range 39 East and Parcel B parts one and two being the Southeast quarter and the Southwest quarter of the South-West quarter and other lands in Section 17, Township 31 South, Range 39 East and part three thereof in Section 20, Township 31 South, Range 39 East and parcel C parts one and two being the N.W. '/4 of the N.W. '/4 of the S.W. '/4, and other lands in Section 17, Township 31 South, Range 39 East, all such property being West of the Florida East Coast Railroad right of way and West of Whispering Palms Mobile Village and consisting of 151.6 acres, more or less; providing an effective date. Motion by Roth/Vallone I move we accept the first reading, as read by the City Attorney, by title, and set for Public Hearing on the April 8, 1987, Regular City Council Meeting. Jim Gallagher, Sebastian General Partnership, B.F.T., said it was their intention to continue to mine the property. Roll Coll on the motion carried unanimously. (5-0) 4/8/87 Attorney Palmer read Ordinance No. 0-87-10, by title only. (1" reading 3/11/87, advertised 3/16, 3/23, 3/30, 4/6/87, public hearing 4/8/87). Mayor Harris opened the public hearing at 7:10 p.m. and called for public input. There being no public input, Mayor Harris closed the public hearing at 7:11 p.m. Motion by Metcalf/Vallone I move we postpone final action on Ordinance No. 0-87-10 until the next regular meeting. Councilman Metcalf recommended taking final action on public hearing matters at the next regular meeting after public hearing. 2 Discussion took place on bond requirments for sandmining. Attorney Palmer said all laws applicable to a specific zoning apply up annexation of any property. Jim Gallagher, Sebastian General Partnership, B.F.T., said they intend to abide by all city laws. Jim Gallagher, Sebastian General Partnership, B.F.T., said there were no development plans at this time. Roll Call on the motion failed. (2-3) Roth, McCarthy, Hams - Nay. Motion by McCarthy/Roth I move we adopt Ordinance No. 0-87-10, as read by the City Attorney, by title only. Roll Call on the motion carried (3-2) Metcalf, Vallone - Nay. 4/22/87 Attorney Palmer read Ordinance No. 0-87-10, by title only. Attorney Palmer explained that this Ordinance had to be readvertised and set for Public Hearing again since it was not advertised with a map previously. Motion by McCarthy/Roth I move we accept the first reading of Ordinance No. 0-87-10, and set it for public hearing on May 27, 1987. Roll Call on the motion carried (4-1) Vallone Nay. 5/13/87 Resolution No. R-87-19. A resolution of the City of -Sebastian, Florida, granting to Henry Fischer & Sons, Inc., a special use permit for a sand mine (lake construction) pursuant to Sections 20A-5.19 (B) and Section 20A-2.6, Land Development Code; providing an effective date. (1" read 4/8/87, advertised 5/1/87, public hearing 5/13/87. Attorney Palmer read resolution No. R-87-19, by title only. Mayor Hams opened the public hearing at 7:15 p.m. There being no input from the public, Mayor Harris closed the public hearing at 7:16 p.m. A letter had been received and presented to Council form St. Johns River Water Management District regarding permits which may be required. Motion by Metcalf/Vallone c] I move we table action on Resolution No. R-87-19 until we find out what the permit status is as stated in the letter from St. John's River Water Management. Roll Call on the motion carried (3-2) (Nay - McCarthy, Hams). 5/27/87 A resolution of the City of Sebastian, Florida, granting to Henry Fischer & Sons, Inc., a special use permit for a sand mine (lake construction) pursuant to Sections 20A-5.19 (B) and Section 20A-2.6, Land Development Code; providing an effective date. (IA read 4/8/87, advertised 5/1/87, public hearing 5/13/87. Attorney Palmer read Resolution R-87-19 by title only Dr. Henry Fischer read a letter from Randy Mosby to Mayor Harris dated May 27, 1987 The City Clerk reminded Council that this item must be taken off the table by motion. Motion by Roth/McCarthy I move we take Resolution No. R-87-19 off the table for action. Roll call on the motion carried unanimously. (5-0). Motion by McCarthy/Roth I move we adopt Resolution No. R-87-19, as read by the City Attorney by title only. Councilman Metcalf recommended that Council wait for a letter from Eddie Carr stating that no permits are required from St. John's River Water Management District. It was general consensus of the rest of Council that Randy Mosby of Mosby and Associates was putting his reputation on the line by saying he had received verbal confirmation from Mr. Carr. Roll Call on the motion carried unanimously. (5-0) 6/10/87 Ordinance No. 0-87-10, annexation of Fischer property was discussed. Attorney Palmer stated that a thirty foot parcel included in the annexation Ordinance was in error. Vice Mayor Roth requested a letter addressed to the City Council to this effect from Attorney Palmer and that it be placed on the June 24, 1987 agenda. 4 Attorney Palmer said that the Ordinance has since been rewritten with the correct legal description and a public hearing was not necessary unless the City Council wants to have one. Councilman Metcalf recommended holding a public hearing on the ordinance again. Mayor Harris said the thirty feet in error was not contiguous to the City and creates an enclave. He said he had gone over it with Attorney Palmer and Jim Gallagher and discovered the thirty feet was not to have been included in the Ordinance. Jim Gallagher said the thirty feet was merely an access road into the sand pit and if the City Council wishes to leave it they may do so. 6/24/87 An Ordinance annexing three parcels of land: Parcel A being part of the Northeast quarter of Section 20, Township 31 South, Range 39 East, and Parcel B parts one and two being the Southwest quarter of the Southwest quarter and the Southeast quarter of the Southwest quarter of the Northwest quarter and other adjacent lands all in Section 17, Township 31 South, Range 39 East; and parcel C parts one and two being the Northwest one quarter of the Northwest one quarter of the Southwest one quarter and the South one half of the Northwest one quarter of the Northwest one quarter of the Southwest one quarter, all of parcel C being in Section 17, Township 31 South, Range 39 East; all such property being West of the Florida East Coast Railroad right of way and West of Whispering Palms Mobile Village and consisting of 150.654 acres, more or less; providing an effective date. (1" reading 3/11, advertised 3/16, 3/23, 3/30, 4/6, public hearing 4/8, 2"d 1° reading 4/22, advertised 4/29, 5/6, 5/13, 5/20, public hearing 5/27. Attorney Palmer read Ordinance No. 0-87-10 by title only Motion by Roth/McCarthy I move we accept the first reading of Ordinance No. 0-87-10 and set it for public hearing on August 12, 1987. Councilman Metcalf questioned the acreage of the proposed annexation. He said according to the legal description the property adds up to 145.334 acres. Attorney Palmer said he took the legal description from the deeds presented to the City with the request for annexation from the applicant and that the County Property Appraiser will appraise the property when it comes into the City and it is not up to the City to second guess the applicant. Councilman Metcalf said this organization has a history of wanting the City to take very large annexations with very little information. 5 8/12/87 Tim Gallagher, Executive Director for Sebastian General Partnership, B.F.T., said for the record that this was one of the most difficult annexations he had ever seen. He said he takes exception to remarks by Councilman Metcalf regarding the organization he referred to, assuming Councilman Metcalf meant the Company Mr. Gallagher works for, and said the company follows the guidelines set by the City when applying for an annexation. He said he hoped Councilman Metcalf and Councilman Vallone understood that Sebastian General Partnership, B.F.T.'s motives were for the good of the City. Roll Call on the motion passed unanimously (5-0). Vice Mayor Roth questioned if the wording "150.654 acres more or less" in the title of the Ordinance was legal. Attorney Palmer said it was legal. Attorney Palmer read Ordinance No. 0-87-10 by title only. Mayor Harris opened the public hearing at 7:10 p.m. Dave Rogers, an adjacent property owner, questioned the legal description. When assured the annexation did not include his property, he said he had no problem with the annexation. Mayor Hams closed the public hearing at 7:14 p.m. Motion by Roth/McCarthy I move we adopt Ordinance No. 0-87-10 as read by the City Attorney by title only. Councilman Vallone said he would not support the motion since the annexation was of no use to the City. Councilman Metcalf expressed concern for the annexed area being on the Atlantic Ridge and lack of information as to what the property would be used for. Mayor Hams said that should be looked into a time of rezoning application. Vice Mayor Roth said no one in the City has objected at three public hearings except the two Council members. He said when the property is developed it will bring taxes into the City. He then called for the question. Motion carried (3-2) (Nay, Metcalf, Vallone). rl 1/21/88 Randy Mosby represents project. Randy goes over all Bill Messersmiths comments at the request of Mr. Mahoney. Mr. Messersmith says they have met all his requirements. After much discussion and all questions being answered, Mrs. Poole made a motion to approve the site plan for the Vickers Sand Mine contingent to all necessary permits being received and signs being posted for no trespassing. Seconded by Mrs. Taylor, passed unanimously. 2/3/88 Request for Special Use Permit - Vicker's Sandmine - Recommendation from Planning and Zoning. Randy Mosby, Mosby and Associates, addressed Council regarding the request. Motion by McCarthy/Roth I move we approve the request for Special Use Permit for Vicker's Sandmine contingent upon receipt of state permits, and set it for public hearing on March 9,1988. Voice Vote on the motion carried 41. (Vallone - Nay). 3/9/88 Resolution No. R-88-19. A Resolution of the City of Sebastian, Florida, granting to Sebastian General Partnership, B.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. (1" Council agenda 2/31/88, advertised 3/3/88, public hearing 3/9/88). Attorney Palmer read Resolution No. R-88-19 by title only. Mayor Harris opened the public hearing at 7:10 p.m. Henry A. Fischer, Fischer & Sons, Inc., applicant for the special use permit for sandmining, stated his reasons for the request and urge Council to approve it. He presented Council with a packet of information regarding the request. Randy Mosby, Mosby and Associates, engineer for the sandmining project, introduced Tim Wheatley, a hydrologist on the project to answer any questions Council had on the environmental impact of the project. Eric Pollard, Breezy Village, Inc., urged Council to deny the request for a special use permit based on Fischer & Sons, Inc., past performance at a sandmining operation South of Breezy Village. He presented Council with photographs of that project. 7 Bruce Cooper, Building Official, said Fischer & Sons had gone within the fifty foot Setback at Sand Lake south of Breezy Village and since this project had begun before he was in Sebastian his investigation was ongoing. Henry Fischer said his trucks are monitored monthly by D.O.T. He said that when this property was annexed the city required him to remove the berm and he would require a letter from adjacent property owners to do so. Randy Mosby said he was not aware that the Sand Lake project was in violation of St. John's Water Management District. He said that the project had nothing to do with this project being requested. Bruce Bunnell, Breezy Village, said he was concerned about the project engineer's remark regarding little chance of saltwater intrusion. He said there should be no chance. He requested that Fischer & Sons request be denied based on past performance. Fred Mensing urged Council to approve the request. He said he found it difficult to hear that Henry Fischer is not responsive to the needs of the people of Sebastian. Henry Fischer said Fischer & Sons, Inc., has received no complaints from the public regarding previous projects. Richard Buchanan, resident in area of Sand Lake, said Fischer's trucks are overloaded. Richard Votapka said the proposed County ordinance on sandmining limits excavation to 25' elevation. He said the City should cooperate with the County until they reach a decision on the Ordinance. He said the City Manager and Council should look at revising the City ordinance to prevent annexations for the purpose of excavation. Tun Wheatley, Garrett & Miller, said he has studied the effects of mining on water levels. He said no impact on groundwater was found. He said an increase in storage in the aquifer would occur. He said with the wet mining method that would be implemented, no salt intrusion would occur. Randy Mosby said the County ordinance had no bearing on the type of mine being requested. When questioned by Councilman Metcalf; Mr. Wheatley said he'd had no local experience on sandmining on the Atlantic Ridge, but had experience at Lost Tree Village on General Development Corporation well work. 8 Y Ms. Lu, St. John's Water Management District, said the project is still under review and that there were some District concerns regarding the long term impact on groundwater. She said the 25' elevation was determined after studies in the Wabasso area showed long term damage. Jim Wheatley said this is no longer a consumptive use request. Ms. Lu said anyone having concerns regarding this project could contact Dwight Jenkins, 213 Wilkins Road, Melbourne, Florida 32935 at 305-894-5423. Councilman Metcalf asked if it was possible to invite the gentleman from St. John's to the March 23, 1988 meeting to discuss this further. Randy Mosby said no expert can dispute Tun Wheatley's testimony. Arthur Lemire suggested the Council get a second opinion regarding effects on groundwater. Sam Ramano, resident of Breezy Village, said he had called Henry Fischer concerning conditions of the road, noise and sharp embankments and had no response. He said Henry Fischer, Jr. Then contacted him and said roads would be paved mid-February. Henry Fischer Jr., said the road was currently under construction. Councilman Metcalf noted that Council had received a letter form Indian River County Commissioners who stated they would like to review all requests for sandmining which will utilize County roads. Randy Mosby said this requested project's design was different than the design for Sand Lake. Mayor Harris closed the Public Hearing at 8:20 p.m. Councilman McCarthy said he had some concerns regarding the water quality but that the mining operation industry was needed for employment in the city. Motion by McCarthy I move we adopt Resolution No. R-88-19 as read by the City Attorney by title only. Motion died for lack of a second. This item was automatically carried to the March 23, 1988 Regular Meeting. 9 3/23/88 Resolution No. R-88-19 (Carried over from public hearing on 3/9/88. Councilman Vallone questioned whether parliamentary procedure was followed by this item being automatically carried over to this meeting after a motion to approve died for lack of a second at the March 9, 1988 meeting. Attorney Palmer said the item was back on the agenda because the City Clerk was instructed to do so by the Mayor and no one overruled his request. Randy Mosby, Mosby & Associates, recommended approval for the request. Motion by Roth/McCarthy I move we adopt Resolution No. R-88-19 as read by title only at he March 9, 1988 regular meeting. Motion by Metcalf/Vallone I move we lay Resolution No. R-88-19 on the table. Roll Call on motion to table failed (2-3) Nay - Roth, McCarthy, Harris James Fraezie, Hydrologist, St. John's River Water Management District, said the application case number 4-061-0088AM Wicker Sandmine is on hold for additional information and review. He said no earth would be moved until St. John's permits are issued. Motion to adopt carried (3-2). Nay - Metcalf, Vallone 6/22/88 Indian River County Sandmining Ordinance - Councilman Metcalf - carried over from 6/1/88. Councilman Metcalf said this agenda item was a result of his request that the City Manager question the City Attorney as to how the City can comply with the recently adopted Indian River County sandmining Ordinance No. 88-21. Councilman Metcalf recommended stricter guidelines than are in the city's current code on sandmining. Motion by Metcalf/Vallone I move we refer consideration of the Indian River County Sandmining Ordinance No. 88-21 to the City Attorney to report back to Council on the best means to bring the City Sandmining ordinance in line with the County Sandmining Ordinance, research whether the County ordinance has full force effect within the city boundaries, and if we adopt a new ordinance would it regulate the sandmining operations being conducted pursuant to Resolution No. R-88-19. 10 Mayor Votapka placed discussion of this item under the July 6, 1988 agenda item "Agenda items for proposed meeting with County Commission". The City Manager said he had requested Councilman Metcalf to place this item on the agenda since it is appropriate to request a written opinion of the City Attorney as a legislative action of the City Council. Motion carried unanimously (5-0). 7/13/88 Attorney Nash reiterated that the opinion of County Attorney Collins was that the County Sandmining ordinance does not directly regulate sandmining operations in the City of Sebastian. He said they were still researching the issue as to whether this City does decide to pass an ordinance with similar regulations would it affect a special Use Permit granted by resolution earlier this year. Councilman Metcalf said he intended to submit a revised sandmining ordinance. 7/21/88 Randy Mosby and Dr. Fischer represent Fischer Industrial Subdivision. Mr. Cooper speaks before the applicants regarding changing the zoning of the property. Zoning on property is still with the county and according to the city attorney, leaving it as such, would require going by the county subdivision ordinance. Randy indicates that a waiver can be attained from the county to allow the city to review and approve under city regulations and not county. Tommie Thompson speaks and states he remembers a letter from the county regarding the ordinance and- states the county doesn't want to be involved. After much discussion regarding these items, a motion to postpone to the next meeting was made by Mr. Wadsworth, seconded by Mrs. Poole, passed six to one with Mr. Krulikowski voting nay. 7/27/88 Proposed draft of sandmining ordinance. Councilman Metcalf had presented to Council, in their agenda packets, a draft of a proposed sandmining ordinance. He requested the City Attorney review the draft and report back to Council. Motion by Metcalf/Vallone I move Council forward a draft of the proposed ordinance with respect to sandmining and excavation to the City Attorney for review and redraft. I1 Mayor Votapka said he would submit a copy of the proposed ordinance with corrections had made to the City Attorney. Attorney Nash said he would welcome the input. This item was scheduled for the September 7, 1988 workshop. Voice vote on the motion carried. 8/18/88 Planning and Zoning Commission Vickers review preliminary plat - recommend approval to City Council. 9/21/88 Ordinance No. 0-88-27 An ordinance of the City of Sebastian, Indian River County, Florida, repealing Section 20A-5.19, Sand Mining: Special User Permit required, of the land development code; creating a new Section 20A-5.19, excavation and fill, purpose: creating a new Section 20A-5.20, definitions; creating a new Section 20A-5.21, prohibited activity with regard to excavating, filling or mining real property; creating a new Section 20A-5.22 providing exemptions from permitting requirements related to excavating, filling, or mining real property; preserving Sections 20A-5.23 through 20A-5.27 for future use; creating a new section 20A- 5.29, water management standards; creating a new section 20A-5.30, promulgating mining permit regulations; reserving Sections 20A-5.31 through 20A-5.34 for future use; creating a new section 20A-5.35 regarding the use of filling, or mining of real property; creating a new 20A-5.36, promulgating standards for the duration and completion of permits; creating a new Section 20A- 5.37, providing a procedure for inspection and revocation of permits; reserving sections 20A-5.38 through 20A-5.42 for future use, creating a new section 20A- 5.43, providing for mining permit fees; creating a new section 20A-5.44, "providing a procedure for appeals; creating a new section 20A-5.45, establishing violations and penalties; providing for repeal of ordinances or parts of ordinances in conflict herewith; providing for codification; providing for severability; providing an effective date. Mayor Votapka said that this agenda item was a result of lack of time for review for the September 7, 1988 workshop meeting. Councilman Metcalf said this ordinance was a team effort of the county sandmining ordinance, the Mayor's amendments to it, and Attorney Nash's input which are in line with 163 Florida Statutes. Motion by McCarthy I move we adopt the Indian River County sandmining ordinance as amended. Motion died for lack of second. 12 Discussion took place on the inclusion of fill in the city ordinance that does not appear in the county ordinance. Attorney Nash said the ordinance as presented was a result of the version of the county ordinance presented by Councilman Metcalf with changes made in accordance with the Mayor's comments and the other corresponding sections contained in the Code of Ordinances relating to this type of Ordinance. Discussion took place on page 10, Section 20A -5.30C(4), conditions of mining permit. Councilman McCarthy questioned the City Attorney that if Council adopts this ordinance, elevation footage is limited and a hardship is placed on the owner of a current sandmine operation would the City be responsible for reimbursement to him for monetary losses. The City Attorney said he had no answer this evening but that it was his understanding that there is no current permittee existing under the current Sebastian sandmining ordinance, since the permit recently annexed land into the city that had never been rezoned was still under the auspices of the county land use regulations until such time as the property is rezoned. After discussion took place on page 10, Section 20A -5.30C(4), Conditions of Mining Permit, advice from the City Attorney was given regarding this matter, and concurrence of the Building Official, it was amended as a result of a unanimous consensus poll to read as Indian River County Ordinance No. 88-21 read in its section (6)c(4). Mayor Votapka instructed the Building Official and City Attorney to look into language on small ponds which is currently in the county sandmining ordinance. The City Attorney said he felt that this item would come under Section 20A-5.22 (f). The Building Official said he felt it would be advisable to be more specific. The Building Official said Type A screening verbiage needs to be added. After some discussion on the matter, the Building Official was instructed to contact the County Official responsible and inquire why the single family fill permit provision and other provisions regarding fill permits were taken out of the adopted County ordinance. Mayor Votapka instructed Attorney Nash to check into the difference in the city (page 8, item (e) one foot vertical to four feet horizontal) and county ordinances (one foot vertical to four foot horizontal) regarding the slope of the littoral zone. He also said that in the same section, square footage should read fifteen feet instead of eighteen. 13 Jim Gallagher said Bob Keating was the County official whom the Building Official should contact. Mayor Harris instructed the Building Official to contact Mr. Keating in writing and further discussion of Ordinance No. 0-88-27 was scheduled for the October 5, 1988 workshop. 9/29/88 Public hearing on Vickers Industrial Subdivision - Tun Gallagher represents the project. Public hearing opened at 4:02 p.m. for the land use change. Mr. Metcalf speaks regarding the last paragraph of Mr. Cooper's letter to the commission on this project. Mr. Cooper's letter stated DCA approval was necessary. Mr. Metcalf stated he felt a DRI was required on this project. Mr. Gilcher asks for a clarification on the legal description to be sure what is actually being considered. Bruce describes why the rezoning will be all industrial rather than the three zonings represented on the application. Mrs. Taylor, Mr. Mahoney, and Mr. Wadsworth had no questions. Mr. Fullerton asks Mr. Metcalf why he feels DRI approval is needed. Bruce clarifies the last paragraph of his letter mentioned DCA approval and Mr. Metcalf states he misread the letter and thought DRI was required not DCA- Mrs. CA Mrs. Kilkelly states the legal description should be clarified. Attorney Kruzcamp states that the meets and bounds advertisement was permissible in this case. However, the legal description would have to be correct on the actual rezoning ordinance. The public hearing closed at 4:23 p.m. Mr. Wadsworth made a motion to recommend to city council that the land use change to industrial for Vickers Industrial Subdivision be approved. Mrs. Taylor seconded, passed unanimously. 9/29/88 Public hearing on the zoning change opened at 4:24 p.m. for the Vickers Industrial Subdivision. No public or board comments. Public hearing closed at 4:25 p.m. 14 Motion to recommend to city council that the zoning change for Vickers Industrial Subdivision to Industrial be approved by Mr. Wadsworth, seconded by Mrs. Taylor, passed unanimously. 10/5/88 Discussion - Ordinance No. 0-88-27 - 2n' draft - Sandmining. During a brief discussion on the ordinance, the following changes were made to the revised second draft: (1) Page 4, item 0), the words "filled" and "fill" were deleted; (2) Page 6, item (1)(8) was deleted in entirety; (3) Page 6, item (1)(4) "pond depth" was changed to "average water depth in the pond"; Page 10, (4) the word "seal" was changed to "sea'; Page 14 (a) the words "application" were changed to "applicant". Henry Fischer said for the record that the twelve foot pond depth and twenty five foot mining elevation were arbitrary figures. He said the depth below sea level before salt water intrusion occurred during wet mining would have to be 540 feet and that the Sand Ridge is not the primary recharge area for the shallow aquifer. First reading for Ordinance No. 0-88-27 as amended was scheduled for October 26, 1988. Councilman McCarthy questioned whether the city was discriminating by being too stringent on the city's own sandmining operations where hauling requirements are concerned and not requiring the same for outside haulers. The Assistant City Attorney responded that load weight limits may be imposed by the city and enforced by the Police Department and that certain State Statutes cover hauling requirements. He suggested that the city staff wait until. it hires a City Engineer to set load limits. 11/2/88 Ordinance No. 0-88-27 - Sandmining (3`d Draft) Attorney Nash read Ordinance No. 0-88-27 for the first time by title only. Motion by Vallone/Metcalf I move we accept the first reading of Ordinance No. 0-88-27 and set it for public hearing on November 30, 1988. Motion carried unanimously. 11/30/88 First Reading, Public Hearing, Transmit to DCA - Ordinance No. 0-88-30 - Vickers Comprehensive Land Use Amendment. An ordinance of the City of Sebastian, Indian River County, Florida, pertaining to a change in the comprehensive land use plan; amending the comprehensive land use plan map from Indian River County IL district to 15 City IN (industrial) district for land located in the Southeast section of the City, approximately 35 acres more or less located on the West side of the Florida East Coast Railway right-of-way; providing for repeal of ordinances or parts of ordinances in conflict herewith; providing for severability, providing an effective date. Attorney Nash read Ordinance No. 0-88-30 for the first time by title only. Mayor Votapka opened the public hearing at 7:20 p.m. The Director of Community Development presented a location map of the previously annexed subject area and remarked that the applicant has concurred to provide an additional twenty foot right-of-way for Concord Avenue for a full sixty feet and a fifty foot buffer. Attorney Steven Lulich, representing the applicant, requested that the applicant not be denied an amendment to the comprehensive land use plan and rezoning due to moneys expended by the applicant since the time of annexation approval. He cited the cases of City of Hollywood vs. Hollywood Beach Hotel and City of Gainesville vs. Bishop. Victor Williams, 358 (inaudible), questioned possible truck traffic on Concord, buffer area, and permitted industrial use for IN zoning. Robert Fullerton stated that the owners of the adjacent mobile park, Whispering Palms, had no objections to the land use change and rezoning. Mayor Votapka closed the public hearing at 7:35 p.m. Motion by Roth/McCarthy - I move we accept Ordinance No. 0-88-30 on first reading and transmit it to the Department of Community Affairs. Motion carried unanimously (5-0). First Reading - Ordinance No. 0-88-31 - Vickers Rezoning An ordinance of the City of Sebastian, Indian River County, Florida, pertaining to rezoning certain property in the Southeast section of the City, approximately 35 acres more or less located on the West side of he Florida East Coast Railway right-of-way; from County zoning Districts MXD to City zoning district IN (industrial); providing for repeal of ordinances of parts of ordinances in conflict herewith; providing for severability; providing an effective date. 16 Attorney Nash read Ordinance No. 0-88-31 for the first time by title only. Motion by McCarthy/Metcalf I move we accept the first reading of Ordinance No. 0-88-31. Motion carred unanimously (5-0). Public Hearing, Final Action Ordinance No. 0-88-27 - (Sandmining) An ordinance of the City of Sebastian, Indian River County, Florida, repealing Section 20A-5.19, sand mining: special use permit required, of land development code; creating a new section 20A-5.19, excavation and mining, purpose: creating a new section 20A-5.20, definitions; creating a new section 20A-5.21, prohibited activity with regard to excavating or mining real property; creating a new section 20A-5.22; providing exemptions from permitting requirements related to excavating or mining real property; reserving sections 20A-5.23 through 20A-5.28 for future use; creating an new section 20A-5.29, water management standards; creating a new section 20A-5.30, promulgating mining permit regulations; reserving sections 20A-5.31 through 20A-5.34 for future use; creating a new section 20A-5.35 regarding the use of public and private roads in conjunction with excavating or mining of real property; creating anew section 20A-5.36, promulgating standards for the duration and completion of permits; creating a new section 20A-5.37, providing a procedure for inspection and revocation of permits; reserving sections 20A-5.38 through 20A-5.42 for future use, creating a new section 20A-5.43, providing for mining permit fees; creating a new section 20A-5.44, providing for a procedure for appeals; creating a new section 20A-5.45, establishing violations penalties; providing for repeal of ordinances or parts of ordinances in conflict herewith; providing for codification; providing for severability; and providing an effective date. Attorney Nash read Ordinance No. 0-88-27 by title only. Mayor Votapka opened the public hearing at 10:50 p.m. however, there being no input from the public, he closed the public hearing at 10:51 p.m. Motion by MetcalfNallone I move we adopt Ordinance No. 0-88-27 as read by the City Attorney by title only. Motion carried 4-1 - McCarthy - nay 17 7/12/89 Ordinance No. 0-88-30 - Vickers CUP Amendment Attorney Nash read Ordinance No. 0-88-30, for the second time, by title only. Mayor Votapka opened the public hearing at 7:50 p.m. The Director of Community Development gave a presentation on the request, recommend approval and discussion took place on adverse comments by DER. Mayor Votapka closed the public hearing at 7:55 p.m. Motion by McCarthy/Oberbeck I move we adopt Ordinance No. 0-88-30 as read by the City Attorney by title only. Motion carried unanimously (5-0). Ordinance No. 0-88-31 -Vickers Rezoning Attorney Nash read Ordinance No 0-88-31, for the second time, by title only. Mayor Votapka opened the public hearing at 7:56 p.m. The Director of Community Development gave no further comment on the request. Mayor Votapka closed the public hearing at 7:58 p.m. Motion by McCarthy/Rondeau I move we adopt Ordinance No. 0-88-31 as read by the City Attorney by title only. Motion carried unanimously (5-0). 7/26/89 Resolution No. R-89-44 - Vickers Subdivision Preliminary Plat Approval (Staff recommendation dated 7/20/89, P&Z minutes dated 8/18/88) A resolution of the City of Sebastian, Indian River County, Florida, pertaining to a preliminary subdivision plat; approving a preliminary subdivision plat for an industrial subdivision occupying a tract of land approximately 30.53 acres in size, located in sections 17 and 20, Township 31 South, Range 39 East, City of Sebastian, Indian River County, Florida; providing for a waiver of certain requirements of the land development code of the City of Sebastian; providing for the imposition of conditions for the approval of the preliminary subdivision plat; prescribing a time limit for approval of a final plat for a major subdivision; providing for repeal of 18 resolutions or parts of resolutions in conflict herewith; providing a severability clause; and providing for an effective date. Attorney Nash read Resolution No. R-89-44 by title only. Mayor Votapka noted that legal descriptions on the preliminary plat and resolution were different and said he felt hesitant to approve the resolution tonight. Mayor Votapka also said Essex Lane should be labeled on the plat, the right-of- way shown both on the North by Concord Avenue and future City of Sebastian Thoroughfare Plan should be dedicated to the City of Sebastian on both accounts, and future right-of-way should be specified as to the width of the right-of-way. Motion by McCarthy/Rondeau I move we postpone action on Resolution No. R-89-44 and refer it to the Director of Community Development for review and correction of the legal description. Vice Mayor McCarthy said the intent of his motion was such that the Director of Community Development would use his prerogative to take the matter back to Planning and Zoning if he feels there are inconsistencies. Voice Vote on the motion carried 5-0. George Metcalf, 425 Main Street, Sebastian, discussed several contingencies as approved by Planing and Zoning. 9/13/89 Resolution No. R-89-44 - Vickers Subdivision Preliminary Plat (Staff recommendation dated 9/7/89, memo from City Planner dated 9/7/89, letter from Fowler dated 8/31/89). - A resolution of the City of Sebastian, Indian River County, Florida, pertaining to a preliminary subdivision plat; approving a preliminary subdivision plat for an industrial subdivision occupying a tract of land approximately 30.53 acres more or less in size, located in sections 17 and 20, Township 31 South, Range 39 East, City of Sebastian, Indian River County, Florida; providing for a waiver of certain requirements of the land development code of the City of Sebastian; providing for the imposition of conditions for the approval of the Preliminary Subdivision Plat; prescribing a time limit of the submission for approval of a final plat for a major subdivision; providing for repeal of resolutions or parts of resolutions in conflict herewith; providing a severability clause; and providing for and effective date. The City Manager read Resolution No. R-89-44 by title only. 19 The Director of Community Development said the legal description had been corrected since this last appeared on the agenda. He noted the letter from Fowler dated August 31, 1989. Motion by McCarthy/Rondeau I move we adopt Resolution No. R-89-44 as read by the City Manager by title only. Motion carried unanimously 5-0. 9/21/89 Public Hearing for rezoning and land use change - Fischer - opened at 9:55 p.m. and closed at 9:55 p.m. A motion to extend the time for 15 minutes was made by Mr. Gilcher, seconded by Mr. Thompson, passed unanimously. Mr. Thompson states he feels it is a good project. Mr. Mahoney states a buffer may be requested at the site plan stage. Mr. Gilcher states it is a nice project and gives a compliment to the TRC committee. Mrs. Kilkelly is in favor of the project and Mr. Fullerton has no questions. A motion to recommend approval to City Council that the land use change and zoning change from its county designation to the following city designations was made: A LD for land use and RS -10 for zoning. B. MD for land use and RM -8 for zoning. C. IND for land use and IN for zoning. Mrs. Kilkelly seconded and passed unanimously. 12/13/89 Ordinance No. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres. First Reading, set 1" public hearing 1/24/90 - DCA review required after 1" PH. An ordinance of the City of Sebastian, Indian River County, Florida, pertaining to a change in the comprehensive land use plan; amending the comprehensive land use plan map with respect to three parcel of land, approximately 116.55 acres more or less, located in the Southeast section of the City, on the West side of the Florida East Coast Railway right-of- way, South and East of Schuman Drive; and North of Mabry Street; amending the comprehensive use plan map for the first parcel of land from Indian River County LD -2 (Low Density) and M (D (Mixed) districts to 20 city LD (Low Density) District; amending the comprehensive land use plan map with respect to the second parcel of land from Indian River County LD -2 (Low Density) and MXD (Mored) districts to City MD (Medium Density) district; amending the comprehensive land use plan map with the respect to the third parcel of land from Indian River County LD -2 (Low Density) and MXD (Mixed) districts to City IND (Industrial) district; providing for the transmittal of the proposed comprehensive plan amendment to the Florida Department of Community Affairs; providing for repeal or ordinances or parts of ordinances in conflict herewith; providing for severability; and providing an effective date. Ordinance No. 0-89-31 - Fischer Rezoning -116.55 Acres First Reading, Public Hearing will be held at time of 2°d public hearing and adoption of 0-89-30 following DCA review. An ordinance of the City of Sebastian, Indian River County, Florida, pertaining to rezoning; rezoning three parcels of real property in - the Southeast section of the City, approximately 116.55 acres more or less, located on the West side of the Florida East Coast Railway right-of-way, South and East of Schuman Drive, and North of Mabry Street; rezoning the first parcel of real property from County zoning districts Agricultural 1 and RM -6 (Residential Multi -Family) to City zoning district RS -10 (Residential Single Family); rezoning the second parcel of real property from County zoning districts Agricultural 1 and RM -6 (Residential Multi - Family) to City zoning district RM -8 (Residential Medium); rezoning the third parcel of real property from County zoning districts Agricultural 1, RM -6 (Residential Multi -Family) and IND (Industrial) to City zoning district IN (Industrial); amending the official City zoning map to reflect the change in zoning; providing for repeal of ordinances or parts of ordinances in conflict herewith; providing for severability; and providing and effective date. Attorney Nash red Ordinance No. 0-89-31 for the first time by title only. Motion by McCollum/Oberbeck I move we accept Ordinance No. 0-89-31 on first reading and set public hearing when 0-89-30 is returned from DCA. Motion carried unanimously 4-0. 1/24/90 Ordinance No. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres Attorney Nash read Ordinance No. 0-89-30 by title only. 21 Mayor Votapka opened the public hearing at 7:22 p.m. The Director of Community Development presented the request and recommended transmittal to the Department of Community Affairs. There was no public comment. Mayor Votapka closed the public hearing at 7:25 p.m. Motion by McCarthy/Oberbeck I move we accept Ordinance No. 0-89-30 and transmit it to DCA. Motion passed unanimously 5-0. 4/5/90 Sand Mining Permit - Vickers Grove phase III Stan Mayfield is present to answer question on behalf of the applicant. The lake will be approximately 50 acres when completed. Mr. Thompson recommends the plan should reflect correct ownership when submitted to City Council. He also asks if the applicant is aware that there is a 12 month time limit after approval for completion. Mr. Mayfield stated yes. Mrs. Kilkelly had questions regarding the SJRWM permit and its limitations. Mr. Mahoney asks why they are requesting a possible change in the littoral zone. Mr. Mayfield states it may not be necessary but as a precaution, they are giving advance notice. Mr. Mahoney states there is a 20 acre maximum for phasing per the land development code, page 347 and Mr. Mayfield states this phase is only 16 acres. Mr. Thompson made a motion that the planning and zoning commission recommend to City Council approval of the special use permit for the Sand Mining of phase III of the Vickers Grove project including paperwork and drawings number 8933 dated March 26, 1990 subject to the following conditions: 1. Applicant to submit and city approve revisions concerning littoral zone as required by section 20A -5.29(b) of the land development code. 2. Applicant to provide compliance and restoration bonds as required by section 20A -5.30(e) of the land development code. 3. Type A or natural landscape buffer/screen shall be provided as required by section 20A -5.30(b)(5) of the land development code. 22 4. A safety and security plan shall be submitted and city approval granted as required by section 20A -5.30(b)(3) of the land development code. The first three conditions of approval are from the staff technical review committee recommendations and are made a part of this motion. Seconded by Mr. Shroyer, passed unanimously. 4/25/90 Vickers Sandmine III - Draft Resolution/Set special use permit public hearing 5/9/90 (P & Z recommendation dated 4/18/90, memo form P & Z dated 4/16/90, memo from Technical Review Committee dated 3/29/90, letters dated 3/8/90 and 2/15/90 from Mayfield Application. The City Clerk explained that time constraints would not allow the public hearing to take place on May 9, 1990 and recommended May 23. 1990. Motion by McCollum/Powell I move that you (the Attorney) prepare the Resolution necessary. Voice vote on the motion carried unanimously 5-0. 4/23/90 Resolution No. R-90-19 - Vickers Grove Sandmine Phase III (Staff recommendation dated 5/15/90, Resolution, memo from Technical Review Committee dated 3/29/90) (Generally located West of Florida East Coast Railroad right-of-way, South and East of Schuman Drive, North of Mabry Street and Bast Lance Street). 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 severabiltiy clause; and providing for and effective date. Attorney Torpy read Resolution No. R-90-19 by title only. Mayor Conyers opened the public hearing at 7:08 p.m. George Metcalf, 425 Pine Street, Sebastian, opposed approval. 23 Carolyn Corum, 881 Dolores Street, Sebastian, urged Council to request the developer to regulate dust. Mayor Conyers closed the public hearing at 7:18 p.m. Stan Mayfield, Masteller & Moler, engineers for the project, addressed Council stating the St. John's permits have been received, bonds will be posted and that reduction of excess dust can be looked into. The Director of Community Development said he could make the reduction of dust a condition of approval. Mayor Conyers encouraged citizens to contact the Director of Community Development if problems arise during mining operation. Motion by McCollum/Powell I move we approve the sandmining special use permit for Vickers Sandmine III subject to three conditions; 1) Applicant to submit and City to approve revision(s) concerning littoral zone requirements per Code; 2) Applicant to provide compliance and restoration bonds per Section 20A - 5.30(e) of Code; 3) Type A or natural landscaping buffer/screen required per code. Motion carried unanimously 4-0. 8/1/90 Review prior Council action on Ordinance Nos. 0-89-30 (CLUP Amendment) and 0-89-31 (Rezoning) for Fischer (116.55 Acres) - Set public hearings for 9/12/90 (Staff recommendation dated 7/25/90, 0-89-30 & 0-89-31, Map, DCD memo dated 6/13/90, DCD memo dated 6/19/90, staff recommendation dated 12/7/89, Applications). The Director of Community Development said the DCA had no objection to this land use category. Motion by McCollum/Oberbeck I move we set the public hearing for September 12, 1990 on Ordinance No. 0-89-30 and Ordinance No. 0-89-31. Voice vote on the motion carried unanimously 3-0. 9/12/90 Ordinance No. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres. The City Attorney read Ordinance No. 0-89-30 by title only. Mayor Conyers opened the public hearing at 7:10 p.m. 24 Virginia Struck, 892 Lance Street, and Evelyn Guido, 857 Lance Street, both of Sebastian, expressed concerns regarding traffic. The Director of Community Development responded that those concerns should be addressed during preliminary plat deliberation. Mayor Conyers closed the public hearing at 7:16 p.m. Motion by Oberbeck/McCollum I move we adopt Ordinance No. 0-89-30. Motion carried unanimously 5-0. Ordinance No. 0-89-31 -Fischer Rezoning - 116.55 Acres. The City Attorney read Ordinance No. 0-89-31 by title only. Mayor Conyers opened the public hearing at 7:18 p.m. Corrin Van Buskirk, 865 Delores Street, Cynthia Fitzpatrick, 874 Delores Street, and Elizabeth McFadden, 886 Lance Street, all of Sebastian, expressed concerns regarding traffic impact. Ms. Van Buskirk submitted backup to Council which included a petition objecting to egress from the subject property onto Lance Street. Ms. McFadden also stated that conditions of Fischer's burn permit are not being adhered to. The Director of Community Development reiterated his statement that traffic concerns should be addressed during preliminary plat deliberation. Mayor Conyers advised the speakers to contact staff with their concerns. Mayor Conyers closed the public hearing at 7:45 p.m. Motion by Powell/Oberbeck I move we accept Ordinance No. 0-89-31. Motion carred unanimously 5-0. 12/20/90 Vickers Grove Preliminary Plat - Bruce Cooper speaks first on this matter and explains why no TRC letter has been provided. Also states as far as he is concerned, the project meets all code requirements. Earl Mastellar then speaks on behalf of the applicant - Dr. Fischer is also present. Mr. Mastellar mentions the project will be built in three phases. 25 Mr. Fullerton asks if the letter of 2-26-90 has been complied with and Bruce says it has. A motion to recommend approval to City Council of Vickers Grove Subdivision preliminary plat with RM -8, RS -10, and Industrial By Mr. Fullerton, seconded by Mrs. O'conner, passed unanimously. 5/8/91 Vickers Grove Preliminary Subdivision Plat (Staff recommendation dated (5/1/91, P & Z memo dated 12/21/90, Application, Davis Memo 5/1/91, Davis memo dated 3/27/91, Fischer Letter dated 2/27/91, Maps and Plans. Bruce Cooper gave a brief history of the item. Motion by Oberbeck/Powell Move to direct the City Attorney to draft a resolution to approve the preliminary subdivision for Vickers Grove Subdivision subject to items 1,2 and 3 on the recommended action. The following was added by the City Clerk's office: 1. Applicant will be required to coordinate and construct 99a' street improvements as outlined in Tim Davis's letter, prior to submission of a final plat. 2. The applicant will be required to have final approval from the appropriate agencies for the central water and sewer system, prior to a final plat. 3. The applicant will be required to post certain signs to prohibit trucks from using the `Back door entrance". The location and size shall be coordinated with the City Engineer prior to placement. Motion carried unanimously 4-0. 6/12/91 Resolution No. R-91-18 - Vickers Grove Preliminary Plat (Staff recommendation dated 6/6/91, R-91-18). A resolution of the City of Sebastian, Indian River County, Florida, providing for the approval of a preliminary plat for a major subdivision for a parcel of land approximately 117 acres in size, located in Section 17, Township 31 South, Range 39 East, City of Sebastian, Indian River County, Florida, subject to certain conditions; providing for binding effect; providing for recording; providing for repeal of resolutions or parts of resolutions in conflict herewith; providing for severability; and providing for and effective date. PR The City Attorney read Resolution No. R-91-18 by title only. Carolyn Corum, Delores Street, Sebastian, requested a green belt buffer between Vickers Grove Subdivision and Sebastian Highlands and expressed concern for egress onto Gilson Avenue from Vickers Grove. The Director of Community Development explained that a buffer is not a requirement since both properties are zoned RS -10. Motion by Reid/Oberbeck I move we approve Resolution No. R-91-18 Vickers Grove Preliminary Plat. Motion carried unanimously 4-0. 2/23/94 Schedule public hearing for Vickers Grove Sandmining Special Use Permit - request to expand existing Sandmine and modify preliminary plat (Director of Community Development transmittal dated 2/16/94). Warren Dill, legal counsel for the applicant, expressed concern for the necessity for special use permit process. City Attorney responded, noting that he had been advised that the request is to expand the area in which the sandmining would take place and the Director or Community Development added that the request is for an area not previously approved for sandmining. It was consensus of City Council to schedule the hearing for a special meeting on March 16. 1994 at 7:00 p.m. The City Attorney said if Mr. Dill can show him that the procedure is not necessary, hew would not be adverse to changing his opinion. The Director of Community Development said the modification to the preliminary plat had been before Planning and Zoning, and will come before City Council at which time both procedures can be addressed on the same night. 3/16/94 Vickers Grove Subdivision - 1) Sandmining Special Use Permit request and 2) Major Modification to Preliminary Subdivision (Director of Community Development Transmittal dated 3/4/94, application plans under separate cover). Mayor Firtion announced that the portion of the hearing on major modification to preliminary subdivision has been continued to April 20, 1994. 27 Mayor Firtion opened the public hearing at 7:05 p.m. The City Attorney advised on procedures for the quasi-judicial hearing, and then asked all parties interested in testifying to stand and proceeded to swear them in. Warren Dill, legal counsel for applicant Dr. Henry Fischer, addressed City Council stating that the application for special use permit had been Sled under protest, reasons for which were detailed in a letter to the Director of Community Development dated March 14, 1994, said the applicant agrees, if the application is approved, that he is forever bound to the City's regulations on mining and excavation, however, if the use is denied he reserves the right to challenge the City's requirement for compliance with those regulations. The Director of Community Development said staff was comfortable bringing this application to City Council. The City Attorney further explained that the applicant's position was based on the fact that the sandmining operation was in effect prior to annexation, recommended that City Council accept the applicant's offer in the best interest of the City and inquired whether he City Council is amenable to the offer. Motion by Oberbeck/Freeland I would move that we accept the offer of Mr. Fischer with regard to the sandmining operation at the Vickers Grove Subdivision. The offer pertaining to our land development code and land use. Motion carried 4-1 (Corum - nay). Mr. Dill offered his letter to Mr. Cooper for City Council review. The City Clerk noted that staff had been unable to submit it to City Council prior to the hearing due to the hearing's quasi-judicial nature. Mr. Dill make an opening statement on behalf of the applicant, urging approval of the application. Randy Mosby, Mosby and Associates, Vero Beach, testified on behalf of the applicant. Mr. Mosby submitted the following exhibits: construction drawings (exhibit 1); finding of fact form Resolution No. R-88-19 (exhibit 2); findings of fact from R- 90-19 (exhibit 3); and St. John's River Water Management District permit dated November 9, 1993 (exhibit 4). Mr. Oberbeck was excused from 7:45 p.m. to 7:46 p.m. 28 Mr. Mosby's testimony continued. He stated that this was the last time a request for a sandmining extension for this area will come before City Council. Mr. Mosby submitted further exhibits as follows: 20A-3.5 of the Land Development Code regarding RM -8 conditional uses (Exhibit 5); Section 20A- 3.14 regarding Industrial permitted uses (Exhibit 6); Section 20A-5.20 regarding excavation and mining, Section 20A-5.29 water management standards, Section 20A-5.30 regarding operating conditions of mining, Section 20A-5.36 regarding duration and completion of permits (Exhibit 7). Mayor Firtion called recess at 8:04 p.m. and reconvened the meeting at 8:15 p.m. All members were present. The City Attorney inquired whether anyone sworn in intended to cross-examine Mr. Mosby at this time. All but Mr. Metcalf declined. Mr. Mosby testified in response to George Metcalf relative to water quality tests. Mr. Mosby testified in response to Mrs. Corum stating that the existing lake is 65.2 acres, and the operation will increase by 45%; discussed the lake depth; and said for the record, the hours of operation are stated on the drawings and are the same as for previous mining permits. Charles Cramer testified on behalf of the applicant stating that only four. new building permits have been issued since May 1990 in a'/. mile radius of the subject property, read a letter dated March 5, 1994 from John Sykes, 222 Caprol Lane and submitted it to the City Clerk (Exhibit 8). The City Attorney inquired whether anyone wished to ask any questions of Mr. Kramer. In response to Mrs. Corum, Mr. Kramer testified that he was a Supervisor for Henry Fischer and Sons. Abe Kreitman, 1417 Alpha Court, West Palm Beach, Florida, registered professional hydrologist, testified on behalf of the applicant, citing satisfactory results and conclusions of study of the possible adverse impacts on groundwater. Mr. Kreitman testified in response to Victor Williams. All others in the audience declined the opportunity to ask questions of Mr. Kreitman. Mr. Kreitman testified in response to Mr. Freeland and Mrs. Corum, relative to monitoring for groundwater saltwater intrusion; in response to Mayor Firtion as to f9 I how the sandmine operation will add to the groundwater level; in response to Mrs. Corum relative to insignificant run-off into the lake and discussed a principle known as the Hygben-Gertzberg relationship pertaining to water density. Mayor Firtion called recess at 9:15 p.m. and reconvened the meeting at 9:25 p.m. All members were present. Victor Williams, 358 Concord Avenue, Sebastian, testified relative to lack of traffic on Concord and extension of the sandmine East and West. George Metcalf, 425 Pine Street, Sebastian, testified relative to decrease of tax base due to elimination of acreage and alleged violation of FS 163 Part 2 by the elimination of all multi -family and some industrial. Mr. Metcalf testified in response to Mr. Dill stating he had no written documentation regarding assessments, and quoting from a Press Journal article dated November 2nd relative to a comment by James Frazee, Chief Hydrologist for St. John's. Mr. Metcalf submitted two photographs dated 1991 and December 7, 1993. Mr. Dill objected to submittal of the photographs as evidence without further information. Bruce Cooper, Director of Community Development, submitted a memo from Planning and Zoning dated March 4, 1994 recommending approval of the special use permit (Exhibit 9); said he had been in contact with the state relative to the Comprehensive Land Use Plan and stated the City is in compliance, submitting the computations of multi -family (Exhibits 10 and 11); and distributed a recommendation from him dated March 16, 1994. The Director of Community Development said staff has no objection to Saturday operation 7 a.m. to 5 p.m. as he applicant has requested. Mr. Cooper testified in response to Victor Williams, 358 Concord Avenue, Sebastian, relative to Concord Avenue right-of-way. Mr. Cooper testified in response to Fred Mensing, about how the 7 to 5 operation deadline can be amended in case of emergency need for sand. Mr. Cooper testified in response to Mrs. Corum regarding to reduction of he tax base, not a relevant issue in accordance with the City Attorney's opinion. Mr. Cooper provided three original letters of no objection received in response to letters sent to surrounding property owners. kill Dr. Henry Fischer gave closing comments relative to reduced need for multi -family housing and urged approval of the special use permit. Mrs. Coram inquired what will happen to the lake when the subdivision is completed. Dr. Fischer said he had no objection to staff conditions. Mr. Firtion closed the public hearing at 10:15 p.m. Motion by Oberbeck/Corum I would move that we approve the special use permit for Vickers Grove Sandmining subject to the applicant meeting the requirements in Mr. Cooper's letter of 3/16/94 and continue the public hearing on the portion regarding the major modification to the preliminary subdivision until April 20, 1994 and to allow Saturday operations until such time as City Council in sole discretion determines that Saturday operations constitutes a nuisance to the neighborhood. Motion carried 4-1 (Corum - nay). The City Attorney advised that a resolution to issue the special use permit will be drafted and brought back to City Council. There being no further business, Mayor Firtion adjourned the special meeting at 10:20 p.m. 4/20/94 Vickers Grove Subdivision - Major Modification to Preliminary Plat - Continuation of 3/16/94 hearing (Utilities Director transmittal dated 4/14/94). Mayor Firtion opened the public hearing on major modification to preliminary plat for Vickers Grove Subdivision at 7:04 p.m. The City Manager requested that the hearing be continued to May 18, 1994. Motion by Oberbeck/Freeland I would move to continue the meeting for the Vickers Grove Subdivision to May 18, 1994. Motion carried unanimously 5-0. 5/18/94 Vickers Grove Subdivision - Major Modification to Preliminary Subdivision Plat (Director of Community Development transmittal dated 5/12/94). 31 Mayor Firtion opened the public hearing at 7:04 p.m. The Director of Community Development reiterated his recommendation as submitted in the agenda packet, reported the plat had been changed at the request of staff members relative to utility matters, however, that the applicant had resubmitted original plans on May 16, 1994. In response to the City Attorney, the Director of Community Development listed deficiencies in the plat. Attorney Warren Dill, representing applicant Henry Fischer, noted that the plans were redesigned at the request of the Utilities Director, and have now been resubmitted in original form, less the cul-de-sac and certain lots eliminated by the sandmine, to expedite approval and to alleviate additional cost to the applicant. He requested approval subject to submittal of construction drawings prior to any development. The Director of Community Development inquired whether City Council is willing to tentatively approve without construction drawings. City Council discussion followed on the provision in he Land Development Code for submittal of construction drawings prior to preliminary plat approval. The City Attorney said there is enough leniency in the Code to allow City Council to get around the language until such time as the language is amended. Attorney Dill requested that approval be given with two conditions: 1) that all technical requirements of the Code are met and 2) subject to providing necessary construction drawings prior to construction and final plat approval. The Director of Community Development noted that the preliminary plat must be brought back and approved in the form of a resolution. Motion by Oberbeck/Damp I would move for preliminary approval of the plat as submitted for Vickers Grove Subdivision subject to the applicant meeting all technical requirements of our Code and subject to a submittal of final construction drawings prior to construction and final approval. City Council members reviewed the preliminary plat. Mr. Oberbeck was excused for 7:32 p.m. to 7:35 p.m. George Metcalf and Fred Mensing had signed to speak but declined when called upon. 32 Mayor Firtion closed the public hearing at 7:34 p.m. Motion carried unanimously 5-0. 7/6/94 Proposed Resolution No. R-94-25 - Vickers Grove Sandmining Special Use Permit (Director of Community Development transmittal dated 6/30/94, R-94-25, Dill letter dated 5/24/94, Torpy letter dated 6/22/94). Charles Cramer, Fischer & Sons, Inc., suggested amendment to Section 2 - Subsections A and F of the proposed resolution. The Assistant City Attorney responded that amendment to F would create an additional burden to the City by requiring a public hearing and suggested only a minor amendment to language in A to prevent future Councils form maliciously amending City regulations to affect this use. It was consensus of City Council to direct the City Attorney to work with Attorney Dill to amend A and bring the resolution back. 2/8/95 Resolution No. R-95-06 - Vickers Grove Subdivision Preliminary Plat (Director of Community Development transmittal dated 2/1/95, R-95-06). A resolution of the City of Sebastian, Indian River County, Florida, approving the preliminary subdivision plat for an area know as Vickers Grove Subdivisions; providing conditions for such approval; providing an expiration date; providing for conflicts; providing for severability; and providing an effective date of the resolution. The City Manager read the consent agenda. The City Attorney read titles for Resolution Nos. R-95-05 and R-95-06. Vice Mayor removed item C. Item C. Vice Mayor Corum inquired about the requirement for sidewalks, to which the Community Development Director responded that he will review previous approvals and the code for sidewalk requirement criteria. Discussion continued on the expansion of the sandmining area resulting in removal of the multi -family lots and some industrial; requirements for recreational space and drainage; and utility connection. 33 Motion by Corum/Oberbeck I move approval of item C of the consent agenda. Motion carried unanimously 5-0. 2/22/95 Resolution No. R-95-07 - Vickers Grove Sandmining Special Use Permit (Director of Community Development transmittal dated 2/17/95, R-95-07). 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 30.2 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; providing for repeal of resolutions or parts of resolutions in conflict herewith; providing a severability clause; and providing for. an effective date. The City Manager read the consent agenda and the City Attorney read titles of Resolution Nos. R-95-07, R-95-08, R-95-09, R-95-10. Vice Mayor Coram removed items B and F. Mrs. Damp removed item C. Item B - Resolution No. R-95-07 - Vickers Grove Sandmining Special Use Permit, Vice Mayor Corum inquired about the developer's future plans for the 95 acre lake and expressed concern for loss of tax base. Vice Mayor Coram make a motion to deny but if failed for lack of a second. Motion by Damp/Oberbeck I move we approve item B of the consent agenda. Motion carried 4-1 (Coram - nay). 3/8/95 Resolution No. R-95-16 - Vickers Grove Preliminary Plat - amending commencement date (City Manager transmittal dated 2/27/95, R-95-16). A resolution of the City of Sebastian, Indian River County, Florida, approving the preliminary subdivision plat for an area know as Vickers Grove Subdivisions; providing conditions for such approval; providing an 34 expiration date; providing for conflicts; providing for severability; and providing an effective date of the resolution. The City Manager read the consent agenda, reiterating his comments relative to items F and I. Vice Mayor Corum removed items C, D, and E. Item C - Resolution No. R-95-16 Motion by Corum I move riot to approve Resolution No. R-95-16. The City Attorney read resolution No. R-95-16 by title only and Mrs. Damp seconded the motion. Motion failed 1-4 (Damp, Freeland, Oberbeck, Firtion - nay). The City Manager noted the preliminary plat had already been approved and that this resolution merely amended the commencement date for submittal of final plat. Motion by Oberbeck/Damp Move to approve item C. Motion carried 4-1 (Corum-nay). 10/9/96 Approve Eighteen month Preliminary Plat extension for Vickers Grove Subdivision to expire April 9, 1998 (Community Development Director transmittal 10/2/96, Fischer & Sons letter 9/20/96, site plan). The Community Development Director presented the request for an eighteen month extension and recommended approval. Mrs. Damp said she recalled that the time limit for preliminary plat approvals was to be extended to two or three years and requested this be looked into. Motion by Cartwright/Halloran I move to approve an eighteen month extension of the preliminary plat for Vickers Grove Subdivision to expire April 9, 1998. Motion carried unanimously 5-0. 1/16/97 Recommendation to City Council - Special Use Permit - Vickers Grove Sandmine - Phase III. 35 At this point, Chairman Fischer removed himself from the dais for conflict of interest, submitted form 8B and turned the meeting over to Vice Chairman Munsart. Mr. Massarelli gave staff presentation and noted that this sand mine is located in an area where there is an active sand mining operation. He identified it as the Vickers Grove Subdivision that has been previously platted, and the purpose is to expand the lake and make it. wider. He noted that St. Johns Water Management District has practically given up on the littoral zone practice and he is recommending that the Commission yield to what SJRWMD requires. He noted that there have been several complaints of blowing sand and dust from this operation. Code enforcement has been sent out, and Mr. Massarelli's experience is that the nuisance has been dealt with immediately. Mr. Mather noted the objection letter that was received from Ms. Carolyn Corum and asked her if her complaints were give attention. Mr. Massarelli felt that the problem that Ms. Comm was experiencing came from the present mining operation, and the new operation being applied for tonight was too far away to affect her. He also noted that staff recommends that the Commission recommend to the City Council approval of the application for Vickers Grove Sandming - Phase III with the following condition: 1. The hours of operation be between 7 a.m. and 5 p.m. on weekdays. Mr. Massarelli noted the letter from Ms. Corum and mentioned that she was also going to have faxed to us the Indian River County Code dealing with sand mines, which we never received. He noted that the IRC code is irrelevant as we are bound by city codes. Mr. Munsart asked if Ms. Corum ever filed formal complaints against the Sand mine operation with Code Enforcement. Mr. Massarelli responded that she had and each had been responded to promptly. 2/19/97 Quasi -Judicial Public Hearing, Final Adoption. Conduct quasi-judicial public hearing on sandmining special use permit application for Vickers Grove Subdivision phase III - consider adoption of Resolution No. R- 97-08 (Director of Community Development transmittal dated 2/13/97, R-97-08, Staff report, location map, application). A resolution of the City of Sebastian, Indian River County, Florida, granting a special use permit and mining permit to Dr. Henry Fischer for a sand mine on approximately 12.6 acres of land; providing for severability; 36 providing for repeat of resolutions or parts of resolutions; conflicts; and providing for an effective date. The City Attorney read Resolution No. R-97-08 by title. Carolyn Corum, 881 Dolores Street, requested to be treated as an affected party. The City Attorney explained that in accordance with Resolution No. R-96-87, affected parties are the applicant, city staff and affected landowners entitled to notice under any statute or City ordinance, said she had spoken with Ms. Corum and advised her she could speak as an affected party only if the Council changed its resolution tonight to find that anyone adjacent is an affected party. Mr. Barnes asked if the applicant's attorney agreed, could Mrs. Corum be treated as and affected property owner to allow her to ask questions. The City Attorney concurred. Attorney Warren Dill said he did not agree with changing the resolution tonight, nor did he think it could be done tonight and stated that he was prepared to proceed. Mayor Cartwright disagreed with changing the resolution tonight and advised that Mrs. Coram could sign up under informational testimony or as a proponent or opponent, however, not as an affected landowner. Mayor Cartwright opened the public hearing at 6:13 p.m. and the applicant staff and all those who intended to offer testimony were sworn in. The Director of Community Development presented the staff report; noted that the request for 20 feet of right=of--way should actually be 10 feet; stated that the lack of a littoral zone as requested by the Land Development Code is an issue, however, the applicant intends to meet all requirements of the St. John's Water Management District. In closing, he stated that staff recommends that the City Council find that the proposed sand mine will not be detrimental to the public safety, health, or welfare nor will it be injurious within the immediate vicinity in which the property is located and that he proposed use is consistent with the purpose and intent of the industrial zoning district and is similar in nature and compatible with uses allowed in the industrial zoning district. He said it is further recommended that City Council approve the application for the Vickers Sand Mme Phase III with the following conditions. dri 1. Prior to commencement of operations, the applicant shall provide a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property. 2. That the applicant dedicate 10 feet of right-of-way to the City of Concord Avenue. 3. Prior to commencement of operations, the applicant shall install permanent project boundary comers, 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. Mayor Cartwright asked if compliance with St. Johns Water Management District requirements was to be a condition and the Director of Community Development said he would not object to that as an additional condition and that staff receive a report. In response to W. Barnes, the Director of Community Development said there is an emergency access onto Concord which will be provided in the Industrial Subdivision; that the current sandmining allows mining from 7 a.m. to 5 p.m. Monday through Saturday, however, Saturday operation shall cease if Council determines the operation constitutes a nuisance; explained St. Johns rules relative to littoral zones. Mr. Barnes said he preferred to use requirements of he Land Development Code relative to littoral zones. The Director of Community Development went on to explain current and proposed lake depths. In response to Mayor Cartwright, the Director of Community Development listed prior approvals for this site in 1988, 1990 and 1991. Attorney Warren Dill, representing applicant Henry A Fischer, requested names of individuals who has filed the five complaints with the City regarding he sandmine operation. Mr. Dill requested that the staff report and City records on this application be made a part of the record and gave a brief history of the operations on this site approved by City Council three times since 1988. Randy Mosby, Mosby & Associates, engineer for the applicant's project, gave his experience and educational background and responded to questions from Mr. Dill. He described the property as presented on a Project Phasing rendering dated January 1997 and Mr. Dill requested it be entered as applicant's exhibit 7. There were no objections. 38 Mr. Dill then submitted a complete set of exhibits 1-6 for the record. Mr. Mosby read from City of Sebastian Resolution No. R-88-19, R-90-19 and R-95-07 and requested they be entered as applicant's exhibits 1, 2 and 3. At 7:11 p.m. Mayor Cartwright advised Mr. Dill that he had two minutes to complete his presentation and Mr. Dill requested an extension. It was consensus of Council to waive the time limit. Mr. Mosby stated that St. Johns had recently extended the current mine permit for another five years. In response to Mr. Dill, Mr. Mosby read from applicant's exhibit 4, Section 20A- 3.14 of the land development code "IN, Industrial District" permitted uses and said, in his opinion, a sandmine was compatible with those uses; read from applicant's exhibit 5, Section 20A-5.19 "Excavation and mining - purpose" and responded that all conditions have been met except for the littoral zone, for which St. Johns has its own requirements. He said the code reflects old methods on littoral zones and noted that Harbor Point and Collier Creek were approved without littoral zones and St. Johns rules were followed. Charles Cramer, employed by applicant Henry Fischer, addressed City Council on the berm and fence system around the site; said there was no evidence of any crime on site due to lack of a fence and that a City of Sebastian police officer was living on the site. Mr. Cramer described the areas of current mining to Mr. Halloran, saying that they are gradually moving south away from the residential area. In response to Mr. Barnes, Mr. Mosby said the time for completion of the proposed mine will be based on consumer demand for the product. Howard A. Geiger, 026 Schumann Drive, Sebastian, expressed concern for a drop in the water level of Schumann Lake in the last few days and asked what will happen to the lake if the sandmine operation goes below the level of Schumann Lake. Mr. Dill began to question Mr. Geiger, however, the City Attorney advised Mr. Dill that he may not cross-examine non -affected opponents in accordance with the City's resolution and state statutes. Mr. Dill said if Mr. Geiger stated that he has no special expertise in this area, he would let the matter drop. Herbert Sturm, 549 Saunders Street, Sebastian, also expressed concern for the depletion of Schumann Lake, reduction in taxes and inquired whether John Hill had been informed of this matter. It was noted that Mr. Sturm was not qualified as an expert witness. 39 k� Howard Woodrum, Elder, Trinity Lutheran Church, 611 Schumann Drive, inquired how lose the project will be to the church and asked for the definition for emergency in the use of the access to Concord. The Director of Community Development said the project was 600 feet from the church. Carolyn Corum, 881 Dolores, Sebastian, at the request of Mayor Cartwright, disclosed the names of the five or more people she was representing as follows: Carolyn Corum, Larry Corum, Corrin VanBuskirk, Bea Ahrend, Cindy, Michael and Kelsey Fitzpatrick. Mrs. Corum objected to the sandmining expansion citing quality of life issues such as noise and dust, the fact that it is not incidental to preparation for a subdivision; cited protection of the aquifer; requested the limitation of stockpile height and better wetting methods. Mrs. Corum requested and received and additional five minutes and requested a different hauling route and limiting the time to Monday through Friday, 7:00 a.m. to 5:00 p.m. Mayor Cartwright opened the informational testimony period at 8:15 p.m. Mr. Taracka read a letter from Cindy Fitzpatrick into the record. Mr. Dill objected to the letter being made a part of the record, and Mayor Cartwright explained that the letter is strictly informational and closed the information period. The Director of Community Development said he had no information that the mine was drawing water off Schumann Lake and said it was Council's decision whether or not to require a more detailed littoral zone in accordance with the land development code or to yield to St. Johns requirements. In conclusion, he said it is staff's recommendation to approve as stated in the initial staff presentation. In conclusion, Warren Dill called Charles Cramer, who explained the installation of the North perimeter road was for revegetation purposes; and described the watering system to keep down dust on stockpiles. Mr. Dill said it was his belief that the five complains make in the last ten years were probably make by the Corums and Fitzpatricks; said the use is consistent with the industrial district; agreed to the three recommended conditions, although, he stated, the required donation of ten feet of right-of-way is illegal and the applicant was doing it as a gratuity. Mr. Taracka said he spent time on Dolores Street residences and witnessed the sand in the homes and suggested cost effective methods which had been 40 recommended to him by experts in the field. He said he had witnessed sand blowing from the tops of stockpiles toward those homes. In response to Mayor Cartwright, Mr. Cramer said stockpiled sand goes through a wet process, wet dredge stockpiles emit less sand than a typical citrus grove; and that if this application is denied the current sandmining will continue. The Director of Community Development said the code requires measures to control dust for hardrock mining only; previous approvals did not require wet down; and noted the East setback is measured for FEC right-of-way. The Director of Community Development said that in reworking the code on sandmining, staff will be working toward duplicating St. Johns regulations to minimize conflicts; in response to Mr. Barnes, said that the code allows hours Monday through Friday 7 a.m. to 5 p.m. with a provision that Council can allow mining on Saturdays and Sundays or other times at its discretion until it determines a nuisance exists. Mr. Barnes said he would like to see the hours Monday through Friday 7 a.m. to 5 p.m. as a condition. The Director of Community Development said it would be very difficult for Code Enforcement to enforce the time since the other area of sandmining is permitted on Saturday. Mayor Cartwright called recess at 9:00 p.m. and reconvened the meeting at 9:15 p.m. All members were present. Mr. Barnes asked that as a condition of approval, staff and the applicant be required to work together to look into a better system of holding down blowing sand based on newer technology. Randy Mosby said the applicant would agree to the condition and asked for the names of the experts to which Mr. Taracka referred. Mr. Barnes and Mr. Taracka concurred to make it a condition that the applicant voluntarily work with staff and if staff determines it is not feasible to use another method it make that determination. Mr. Dill agreed to work with staff but objected to it as a condition of approval. Mr. Cramer, in response to Mrs. Damp, said the highest stockpile is 25-30 feet and that sand could probably not blow'/2 mile from the that site. Mayor Cartwright, for the record, said she agreed with staffs interpretation of the setback line being from FEC right-of-way. There was no objection from Council. Mr. Taracka said he had checked with people to the East in mobile homes and they had the same dust. 41 t Mayor Cartwright closed the quasi-judicial hearing at 9:27 p.m. Motion by Barnes/Taracka I'll make a motion t reject Resolution R-97-08 on the grounds that it is detrimental to the health and welfare of the citizens of Sebastian and is not comparable with the uses in the industrial zone and in fact removes an industrial zone. Motion failed 2-3 (Damp, Halloran and Cartwright - nay). Motion by Damp/Cartwright I move we approve Resolution R-97-08 with correction of the ten foot right-of-way for Concord Avenue for the purpose of the sandmining permit for the project known as Vickers Grove Phase III with conditions 1, 2 and 3 and the 4' condition that the applicant comply with St. Johns River Water Management District and provide us with the necessary documentation to staff. Motion Carred 3-2 (Taracka, Barnes - nay). Conduct Quasi -Judicial Public Hearing on Preliminary Plat for Vickers Grove Industrial Subdivision - consider adoption of Resolution No. R-97-10 (Community Development Director transmittal 2/13/97, R-97-08, staff report, location map, application. A resolution of the City of Sebastian, Indian River County, Florida, approving the preliminary plat for a subdivision known as Vickers Grove Industrial Subdivision; providing for severability; providing for repeal of resolutions or parts of resolutions in conflict herewith; and providing for an effective date. The City Attorney read Resolution No. R-97-10 by title and Mayor Cartwright opened the quasi-judicial hearing at 9:32 p.m. Those who intended to offer testimony had been sworn previously. The Director of Community Development presented staff report; noted the 20 foot right-of-way donation should be 10 feet; said the access to Concord is intended for emergency use only and recommended approval. In response to Council inquiry, he said that if the City does not wish to maintain the lake in the future, it should not be accepted; said that Planning and Zoning found the cul-de-sac length acceptable as long as the emergency access existed. Warren Dill said the cul-de-sac was created by the City's refusal to allow regular use of the Concord access. 42 In closing, the Director of Community Development recommended approval subject to the donation of ten feet of right-of-way. Mayor Cartwright closed the quasi-judicial hearing at 9:50 p.m. The Director of Community Development noted the word "industrial' needed to be added to the title of the resolution. Motion by Halloran/Damp I move to approve Resolution R-97-10 with the inclusion of "industrial' in the title for Vickers Grove Industrial Subdivision and the inclusion of Section 1.A which states that the applicant would dedicate a ten foot right-of-way for Concord Avenue. Motion carried unanimously 5-0. 43