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HomeMy WebLinkAboutChrono Pages #32/3/88 Council Meeting Vickers Sandmine Request— public hearing scheduled for 3/9/88 3/9/88 Council Meeting Vickers Sandmining public hearing carried over to 3/23/88 3/23/88 Council Meeting Resolution No. R-88-19 Vickers Sandmining special use permit adopted 5/25/88 Council Meeting Ordinance 0-88-12 adopted as amended — LDC Cleanup - sandmining permits to be adopted as special use permits by Council — were previously special exceptions approved by board of adjustment but language was not changed 7/27/88 Council Meeting Proposed Draft of Sandmining Ordinance Motion to forward a draft of the proposed ordinance with respect to sandmining and excavation to the City Attorney for review and redraft - scheduled for the September 7, 1988 workshop. Attorney said special use permit granted to Sebastian General Partnership for sandmining per Resolution No. R-88-19, had no legal force and effect and would be governed by the current County ordinance according to F.S. 171.062 Subsection 2, until such time as the subject property is rezoned. It was decided that the City Attorney would give the City Manager a written opinion and the City Manager would write a letter to Sebastian General Partnership, B.F.T. 8/31/88 Council Meeting Discussion with County Representatives Bob Keating and Commissioner Scurlock Regarding Development Of County Sandmining Ordinance And Relationship To Sandmining In Sebastian Along The Atlantic Coastal Ridge. County discovered that the final decision on the depths of mining on the Atlantic Coastal Ridge was a difficult issue to resolve and the outcome was that for those projects that come under SJRWMD review, the County would impose no additional requirements; and deletion of the fill section of the ordinance was due to the fact that the Commission got bogged down trying to establish a process of identifying cause of road damage on a non-discriminatory basis. County staff happy to work with the City in the adoption of its sandmining ordinance. 9/14/88 Council Meeting Council Member Metcalf - Appeal to City Council to Review P & Z Action on Site Plan - Fischer-Vicker Sandmine - no action 9/21/88 Council Workshop Review of Sandmining Ordinance - Mayor Harris instructed 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. 10/5/88 Council Meeting Review of Sandmining Ordinance — 2 n draft. Henry Fischer said 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 wait until it hires a City Engineer to set load limits. 11/2/88 Council Workshop 1s` reading of sandmining ordinance 0-88-27 passed — ph 11/30/88 4/25/90 Council Meeting Vicker's Sandmine III - Draft Resolution/Set Special Use Permit Public Hearing - ph set for 5/23/90 5/23/90 Council Meeting Vicker's Sandmine III - Resolution No. R-90-19 - Special Use Permit adopted with 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. 1/23/91 Council Meeting Resolution No. R-91-02 Chesser's Gap Sandmining adopted (included only because this is a Fischer project for comparison of bonds) 11/3/93 Council Meeting Mrs. Corum expressed concern for truck traffic on Riviera Avenue - Director of Community Development responded that sandmining operation was in effect prior to implementation of sandmining code in the LDC and no expiration date can be established and he was reviewing the matter; she inquired about the Vickers Grove sandmining expansion 2/23/94 Council Meeting Warren Dill expressed concern for the necessity for special use permit process. The 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 of Community Development added that the request is for an area not previously approved for sandmining. It was the 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, he would not be averse to changing his opinion. 3/16/94 Council Meeting Warren Dill, legal counsel for applicant Dr. Henry Fischer addressed City Council, stating that the application for special use permit had been filed under protest, reasons for which were detailed in a letter to the Director of Community Development dated March 14, 1994 (see attached), said the applicant agrees, if the permit 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. 2 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 the 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 made 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's testimony continued. He submitted the following exhibits: construction drawings (Exhibit 1); findings of fact from 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. 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). 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 1/4 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). 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 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. 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 Two 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 Hydrogolist 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 that city is in compliance, submitting the computations for multi family (Exhibits 10 and 11); and distributed a recommendation from him dated March 16, 1994 (see attached). The Director of Community Development said staff has no objection to Saturday operation 7 a.m. to 5 p.m. as the 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 the 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 (see attached). Dr. Henry Fischer gave closing comments relative to reduced need for multi -family housing and urged approval of the special use permit. Mrs. Corum inquired what will happen to the lake when the subdivision is completed. Dr. Fischer said he had no objections to staff conditions tt 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 the 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. 7/6/94 Council Meeting Proposed Resolution No. R-94-25 - Vickers Grove Sandmining Special Use Permit 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 from maliciously amending City regulations to affect this use. It was the consensus of City Council to direct the City Attorney to work with Attorney Dill to amend A and bring the resolution back. 2/22/95 Council Meeting RESOLUTION NO. R-95-07 - Vickers Grove Sandmining Special Use Permit (see 94.073) - 2/22/95 agenda — adopted 4-1 Corum nay 5/22/96 Council Meeting Vice Mayor Barnes inquired about the pending parking ordinance and the matter relative to blowing sand from the Vickers Sandmine. The City Manager responded that he will bring back the parking ordinance and that Hank Fischer will give the City a written response about the sand. 9/5/96 Council Meeting Morchesky/Fischer Sandmining Special Use Permit - Resolution No. R-96-66 adopted 3-2 — Barnes and Taracka nay (included only because this is a Fischer project for comparison of bonds) 2/19/97 Special Meeting Carolyn Corum, 881 Dolores Street, requested to be treated as an affected parry. 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 an 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. Corum 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 (see attached); 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 is an issue, however, the applicant intends to meet all requirements of St. Johns River 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 the 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 Vicker's Sand Mine Phase III with the following conditions: 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 for Concord Avenue; and 3) Prior to the commencement of operations, the applicant shall install permanent project boundary corners, with intermediate stakes at a minimum of three hundred feet and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with approved plans for the permit. 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 Mr. 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 am to 5 pm 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 the Land Development Code relative to littoral zones. The Director of Community Development went on to explain current and proposed lake depths. 0 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 had filed the five complaints with the City regarding the sandmine operation. Mr. Dill requested that the staff report and City records on this application be made a part of the record (staff report attached) and gave a brief history of the operations on this site approved by City Council three times since 1988. Randy Mosby, Mosby and 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. Mr. Dill then submitted a complete set of Exhibits 1 - 6 for the record. Mr. Mosby read from City of Sebastian Resolution Nos. 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 the 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 area 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. 7 Mr. Mosby continued his presentation Howard A. Geiger, 1026 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 that 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. Howard Woodrum, Elder, Trinity Lutheran Church, 611 Schumann Drive, inquired how close 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, Corrine Van Busik, 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 an additional five minutes and requested a different hauling route and limiting the time to Monday through Friday, 7 a.m. to 5 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 (see attached). 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 staffs 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 dust down on stockpiles. Mr. Dill said it was his belief that the five complaints made in the last ten years were probably made 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 at Dolores Street residences and witnessed the sand in the homes and suggested cost effective methods which had been 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 operation 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 from 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 am to 5 pm 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 am to 5 pm 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 to 30 feet and that sand could probably not blow 1/2 mile from 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. Mayor Cartwright closed the quasi-judicial hearing at 9:27 p.m. MOTION by Barnes/Taracka I'll make a motion to 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 to 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 4th condition that the applicant comply with St. Johns River Water Management District and provide us with the necessary documentation to staff. MOTION CARRIED 3-2 (Taracka, Barnes - nay) 0