HomeMy WebLinkAbout1988 - Sandmining Special Use Permit.&
INDIAN RIVER COUNTY ORDINANCE NO. 88_
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REPEAL-
ING SECTION 25(r), MINING AND EXCAVATION, APPENDIX A,
ZONING, INDIAN• RIVER COUNTY CODE OF LAWS AND ORDI-
NANCES; CREATING A NEW SECTION 25(r), EXCAVATION AND
MINING; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINI-
TIONS; SPECIFYING PROHIBITED ACTIVITIES; PROVIDING
FOR PERMIT EXEMPTIONS; PROVIDING WATER MANAGEMENT
EGULATIONS FOR EXCAVATED LAKES; PROVIDING MINING
lyra, ERMIT REGULATIONS; ESTABLISHING CRITERIA FOR HAULING
�1��'' ,•]� ILL ON PUBLIC AND PRIVATE ROADS; PROVIDING FOR FEES;
�1 PROVIDING FOR DURATION AND COMPLETION OF PERMITS;
PROVIDING FOR IN6PECTI0N AND REVOCATION OF PERMITS;
PROVIDING FOR APPEAL; PROVIDING FOR PENALTIES AND
ENFORCEMENT; AMENDING SECTION 25.1(t) OF THE ZONING
CODE; AND PROVIDING FOR CODIFICATION, SEVERABILITY,
AND EFFECTIVE DATE.
WHEREAS, Section 125.01(1)(9), Florida Statutes (1985)
provides that the governing body of a county may enforce compre-
hensive plans for the development of the county; and
WHEREAS, Section 163.3201, Florida Statutes, requires
that a governing body adopt appropriate regulations on the deve-
lopment of lands and waters to implement its comprehensive plan;
and
WHEREAS, Indian River County has adopted a Comprehensive
Plan which includes provisions for preservation of native plant
communities, maintenance and improvement of water quality in the
County's lakes, rivers, and wetlands, and protection of ground-
water from negative development impacts; and
WHEREAS, Section 125.01(1)(j), Florida Statues (1985)
provides that the governing body may establish and administer
programs of conservation and drainage, and
WHEREAS, this Board has determined that is in the best
interest of the citizens of Indian River County, Florida, to amend
itq existing mining regulations;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
PART 1
Section 25(r), Mining and Excavation, Appendix A, Zoning, of the
Code of Laws and Ordinances, is hereby repealed and a new Section
25(r), Excavation and Fill, is created as follows:
(r) Excavation and mining.
(1) Purpose. The Indian River County Board of County Commis-
sioners hereby finds that in order to prevent public nuisances,
safety hazards and damage to private and public property in the
excavation of land, and in order to protect the environment,
including the quality and quantity of ground and surface waters,
it is necessary to regulate excavation activities, including
mining, in Indian River County.
(2) Definitions
(a) Agriculture use. Activities listed as "permitted
agricultural uses" in accordance with Section
9(A)(b)(1), Appendix A, Zoning, of the County Code.
(b) Atlantic Coastal Sand Ridge: A historic geologic
formation located parallel and proximate to U.S. Highway
$1 in Indian River County. For the purpose of the
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ORDINANCE NO. 88 -
rice-, Lhc Sana t.iilgr. siw,,i be ChaiaCLciizca by
having a combination of the followiny attributes:
(1) The substrate is predominantly excessively drained
deep sandy soils or associated moderately well
drained soils, being one or more of the following:
Paola, St. Lucie, Astatula, Archbold, Pomello,
Orsino, and/or Jonathan soil series (as verified by
the Soil Conservation Service);
(2) The land supports predominantly sand pine (Pinus
clausa) and associated scrub vegetation; and/or
(3) The natural topographic elevation is equal to or
greater than 25 feet mean sea level (MSL).
(c) Banktop. The point where the upward slope of the land
from the water surface, or the bottom of a dry excava-
tion intersects with the existing ground elevation or
crest of berm, whichever is of higher elevation.
(d) Control elevation. That height above sea level establi-
shed for a surface water management system and its
control structures by the St. John's Water Management
District through the analysis of engineering criteria
for such systems and flood routing calculations, or as
determined by the Indian River County Engineer where St.
John's Water Management District permits are not
required.
(e) Excavation. The removal of any rock, gravel, soil,
shellrock or mineral from the ground where such removal
is incidental to any Indian River County Development
Order or permit, including approved site plans, subdivi-
sion plats; final development plans and/or building
permits. Where excavation is associated with con-
struction of a single family residence, and such exca-
vation is not authorized through any Indian River County
Development Order or subdivision plat, all excavated
materials in excess of 1,000 cubic yards shall remain on
site.
(f) Extended Littoral Zone Shelve. The most landward extent
of the Littordl Zone, located between control elevation
and one vertical foot above control elevation. This
segment of littoral zone receives intermittent inunda-
tion and is the area where trees are to be planted in
association with implementation of water management
standards as contained herein.
(g) Mine Abandonment. The cessation of mining activities
including but not limited to excavation, dewatering,
stockpiling, and removal of material offsite for a
period of more than one year as reflected in the annual
mining report.
(h) Mining. The excavation of more than 5,000 cubic yards
of rock, gravel, soil, shellrock or minerals from any
project site in any calendar year, where the excavated
material is hauled from that project site to another
location across any public road or any private road,
except for those private roads solely within the appli-
cant's property.
(i) Low water elevation. The normal water table for January
to March as determined by the County Engineer.
(j) Project site. That portion of the real property which
is being excavated or mined, together with all property
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ORDINANCE NO. 88 -
within 100 feet of the perimeter of the excavation, or
mining activity.
(k) Waterbody. Any natural or artificial pond, lake,
reservoir or similar area which ordinarily contains
water and which has a discernible shoreline.
(1) Wetlands. Wetlands shall be defined as set forth in
Section 23.3(f), Natural Resources Protection, Appendix
A, Zoning, of the County Code of Laws and Ordinances, as
currently adopted or hereafter amended.
(3) Prohibited activity. It shall be illegal and subject to _
penalties provided herein for any person, association,
corporation or other entity to excavate, or mine (as defined
herein) any real property in Indian River County, without
first obtaining a mining permit for such activity, except as
exempted in Section 25(r)(4) of this ordinance. It shall
also be unlawful for any excavation, or mining activity
governed by a county permit issued in accordance with this
ordinance to occur contrary to the conditions of such permit,
subject to the penalties provided herein.
(4) Exemptions. The following activities shall be exempted from
the permitting requirements of this ordinance:
(a) Agricultural use projects, including agricultural
drainage canals, and irrigation work incidental to
agricultural operation and stockwatering ponds, provided
that:
(1) The property is agriculturally zoned, or if the
property is not so zoned, the agricultural use
project is allowed in accordance with Section
25(j), Nonconformities, of the County Zoning Code;
(2) No excavated material is removed from the subject
property;
(3) No excavation shall take place within fifty (50)
feet of the property line; however, a ditch or
canal may be excavated within fifty (50) feet of or
along the property line, if written approval is
obtained from affected property owners.
(4) Wetlands are protected from the excavation ac-
tivity,,in accordance with the provisions of this
ordinance.
(b) Earth moving in conjunction with the installation of a
utility, wherein the excavation is to be backfilled.
(c) Construction of state, federal, or local public roads
and public works within the limits of public property.
(d) Graves.
(e) Approved sanitary landfills.
(f) Any activity regulated by the Florida Electrical Power
Plant Siting Act and the Transmission Line Siting Act
(Part II, Chapter 403, F.S.) to the extent that the
provisions of this ordinance are pre-empted by said
Acts. maintenance activities undertaken by a public
utility as defined in Section 366.02, F.S. (1983) with
regard to existing electrical power plants, their
reservoirs and other related facilities.
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ORDINANCE NO. 88 -
(g) Any excavation incidental to any authorized Indian River
County development order or permit, including approved
site plans, subdivision plats, final development plans
and/or building permits, whereby no more than 5,000
cubic yards of excavated materials are removed from the
premises. This paragraph shall not be construed to
exempt excavation activities resulting in the creation
of a waterbody, except as specifically exempted in
Section 25(r)(4)(j), relating to ponds on single -family
residential lots.
(h) Maintenance dredging of lakes or canals.
(i) A pond on a single -family residential lot, provided
that:
(1) the pond is no greater than ! acre in size or 358
of the lot, whichever is more restrictive;
(2) no excavation takes place within fifty (50) feet of
the lot property line;
(3) the excavation does not disturb any existing
wetland;
(4) pond depth does not exceed 12 feet;
(5) side slopes are not greater than one foot (1)
vertical to four feet (4) horizontal;
(6) there will be no hauling of excavated material from
the property; and
(7) a pond permit is obtained from the County Planning
Division.
(5) Water management standards
Any excavation or mining activity in the unincorporated
county which results in the creation or expansion of a
waterbody (as defined in Section 25(r)(2)) shall be subject
to the following standards, except as specifically exempted
in Section 25(r)(4) of this ordinance:
(a) A littoral zone shall be established as part of any
created waterbody. A design and management plan must be
submitted which shall:
(1) include a topographic map of the proposed littoral
zone showing the control elevation contour and the
minus two and one-half (-24) foot control water
elevation contour, and include a cross-sectional
view of the littoral zone planting design, showing
the requiDed slopes from the top of the bank to a
depth of two and one-half (21) feet below the
control water elevation;
(2) specify how vegetation is to be established,
including the extent, method, type and timing of
any planting provided;
(3) provide a description of any water management
procedures to be followed in order to ensure the
continued viability and health of the littoral
zone,
(4) include a plan view which documents the location
and extent of the littoral zone.
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ORDINANCE NO. 86 - _
(b) The established littoral zone shall consist of native
vegetation, and shall be maintained permanently as part
of the waterbody. All landscaping, littoral zone
revegetation plans and lake management plans shall
comply with St. John's River Water Management District
rules.
(c) Within extended littoral zone shelves (at the landward
base of the littoral zone side slopes), the applicant is
required to provide a minimum of one tree for every five
hundred (500) sq. ft. of littoral zone coverage. The
proposed trees must be a minimum size consistent with
Florida Division of Forestry seedlings (10" tall at
planting depth) and consist of native, freshwater
wetland varieties (e.g. red bay, red maple, bald
cypress, etc.).
(d) The slopes of the waterbody areas from top of bank to
the littoral zone area shall not exceed one (1) foot
vertical to three (3) feet horizontal. Littoral zones
and extended littoral zone shelves shall be located
within an area bounded by a landward limit of one (1)
foot above the control water elevation and a waterward
limit of two and one-half (21) feet below the control
water elevation. The amount or area of littoral zone
shall be computed at a rate of fifteen (15) square feet
of littoral zone (below control elevation) per linear
foot of shoreline. The littoral zone slope shall not be
steeper than an average slope of one (1) foot vertical
to six (6) feet horizontal, and the littoral zone need
not be established in a continuous band around the
waterbody. Although no minimum slope below the littoral
zone is required, the slope below the littoral zone
shall be constructed so that natural soil movement will
not reduce the littoral zone area.
(e) There will be no significant adverse off-site impact on
groundwater quality or groundwater levels. In the event
of dewatering associated with excavations (including
mining), the applicant shall present evidence that no
salt -water intrusion and/or reduction in quality or
quantity of well water available to properties within
1/4 mile of the permitted activity will occur.
(f) The water management system, i.e., swales and inter-
connected wetlands and lakes, must be specifically
designed to inhibit siltation and the eutrophication
processes. To ensure this, the applicant must submit an
environmental management and lake monitoring plan,
specifying the method for monitoring the system and
corrective action should eutrophication and/or siltation
occur.
(h) A 20 foot wide access maintenance easement shall be
provided for every 1,000 feet of shoreline. This
easement shall extend from below control elevation of
the lake to a public or private road right-of-way.
(6) Mining permit regulations.
(a) Applicability. A county mining permit shall be required
for any mining activity (as defined herein) in the
unincorporated county, except as exempted in Section
25(r)(4) of this ordinance. Any request for a mining
permit shall be considered an application for site plan
approval, and the procedures set forth in Section 23.1
of this code shall be followed. The provisions of this
section shall be considered as conditions to the admin-
istrative permit use or special exception use as allowed
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ORDINANCE NO. 88 -
and specified in Section 25.1(t), Earthmoving Uses,
Appendix A, Zoning, of the County Code.
(b) Application procedures. Mining permit applications
shall be made in the Community Development Department,
in accordance with site plan submittal requirements set
forth in Section 23.2, Appendix A, Zoning, of the County
Code. The site plan application must also demonstrate
that, in addition to conformance with all County codes,
the conditions of the mining permit are met as specified
herein. Specific submittal requirements shall include:
(1) A mining plan, including:
(a) Plan view and cross-sections of mining area;
(b) Amount of fill to be removed;
(c) Timetable of mining activity;
(d) Method of mining;
(e) Hours of operation; and
(f) Safety/security plan.
(2) A restoration plan, including:
(a) A description of the eventual future use of
the site; and
(b) Final grades of the site.
(c) Conditions of the mining permit.
(1) The maximum project -site development phase for
mining activities shall not exceed 20 acres per
phase.
(2) No mining shall occur within one hundred and fifty
(150) feet of a projected right-of-way line of any
existing or proposed public road, nor within 150
feet of the outer perimeter of the project site.
where a mining operation consists only of the
removal of a mound and does not consist of lowering
the elevation of ground below the neighboring
property, an exception to the 150 feet setback may
be permitted at the time of site plan approval.
(3) Any mining activity that results in the creation or
expansion of a waterbody shall be subject to the
provisions of Section 25(r)(5), water management
standards, of this ordinance. Projects creating
waterbodies must also provide a safety/security
plan for the mining operation phase, including, but
not limited to, fences, access, control, and other
ctffiHaw
ject site is located lin whole or part)antic Coastal Sand Ridge, no excavationy a mining permit shall result in anlevation of less than twenty-five (25)sea level (MSL) for that portion of thete located on the Sand Ridge.
(5) If the project site is adjacent to a residential
zoned area, the perimeter of the site abutting such
an area shall include a 50 foot wide bufferyard and
Type "A" screening along said site boundary.
(6) No crusher, mixing plant, bin, tank, or structure
directly involved in the production process shall
be located less than six hundred (600) feet from
any adjacent residentially zoned property, and two
hundred fifty (250) feet from all other adjacent
non -residentially zoned property.
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ORDINANCE NO. 88 -
(7) Hard rock mining activities shall ensure that
measures are taken to control dust.
(8) The Indian River County Planning and Zoning Commis-
sion shall, upon approval of the mining site plan,
order issuance of an operating permit to the owner
of the land under his signature, and such permit
shall be issued within ten (10) days after the
determination of compliance by the commission.
(9) Provisions for continuing operation. Nothing
herein shall be construed as a requirement that an
operator of an existing sand mine shall cease
operations until a mining site plan has been
approved, provided a mining site plan has been
previously approved and maintained.
(10) The Planning and Zoning Commission (administrative
permit) and the Board of County Commissioners
(special exception) shall approve a reasonable
timetable for the completion of all mining activ-
ities, including restoration.
(d) Operating conditions of mining.
(1) Applicants operating in the A-1, Agricultural
District, where the project does not abut a sin-
gle-family residential district, shall not be
limited to specific hours of operation unless a
determination is made by the Planning and Zoning
Commission concerning the need of limiting hours of
operation due to the anticipated impact of the
mining operation on surrounding properties.
Applicants operating in residential zoning dis-
tricts shall be permitted to operate between the
hours of 7:00 a.m. to 5:00 p.m. on weekdays;
operation on Saturday and Sunday and/or operation
other than 7:00 a.m. to 5:00 p.m. may be permitted
by the Board of County Commissioners if the impact
of the mining operation on surrounding properties
will not constitute a nuisance to the neighborhood.
(2) The land surface shall be restored to a condition
which is in complete compliance with the site plan
for reclamation and rehabilitation of the area.
Mining shall' not be carried on within one hundred
and fifty (150) feet of the projected right-of-way
line of any existing or proposed public road nor
within one hundred and fifty (150) feet of the
outer perimeter of the land area. Where a mining
operation consists only of the removal of a mound
and does not consist of lowering the elevation of
ground beaow the neighboring property, an exception
to the one hundred fifty (150) foot outer perimeter
setback may be permitted at the time of the site
plan approval. All slopes and banks shall be
sloped at a ratio of not steeper than 3 feet
horizontal to 1 foot vertical, graded, grassed and
stabilized.
(3) Permanent project boundary corners with inter-
mediate stakes at a minimum interval of three
hundred (300) feet, and all limits of excavation
shall be staked, marked and maintained with visible
flags in the field, in accordance with approved
plans for permit.
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ORDINANCE NO. 88 -
(4) Annual progress report. The operator holding a
valid mining permit shall file, on or before
October 1 of each year, a written report with the
Community Development Department identifying the
lands mined and reclaimed for the preceding calen-
dar year and identifying lands expected to be mined
and lands planned for reclamation during the
current year. The report shall also verify compli-
ance with all conditions of other permitting
authorities and shall note the expiration dates for
all permits. Failure to file the required annual
progress report shall be grounds for suspension of
the operating permit; however, an extension of time
for filing may be granted by the Planning and
Zoning Commission upon request and for reasonable
cause.
(e) Requirement of Bonds.
(1) Intent. Compliance, restoration, and road damage
bonds shall be posted to ensure that the site is
developed, operated, and restored in conformance
with the approved mining site plan. The compliance
bond can be assessed as a penalty to the operator
for non-compliance with mining permit or plan
conditions; the restoration and road damage bonds
are to provide funds to restore the site and repair
public road damage, respectively.
(2) Amount. The compliance and restoration bonds shall
each be posted in the amount of one -thousand
dollars ($1,000.00) per acre, with a minimum of
five thousand dollars ($5,000.00). The road damage
bond shall be posted in the amount of five thousand
dollars ($5,000.00).
(3) Phasing. When one phase of 20 acres or less is
completed and in conformance with the submitted
site plan for reclamation and rehabilitation, and
in conformance with this ordinance, the compliance
and restoration bonds may be transferred to the
next phase under the approved site plan.
(4) Renewal. Within 30 days preceding bond expiration,
a bond renewal or new bond, in a form and amount
approved by the Community Development Director and
County Attoiney, must be on file in the Community
Development Department. This process shall be
continued through the completion of each mining
operation.
(5) Forfeiture. Upon a finding of road damage;
non-compliance with this ordinance, or the approved
mining site plan or reclamation site plan; failure
to renew bonds within 30 days of expiration, the
Community Development Director shall notify the
permit holder in writing of the non-compliance and
the pending forfeiture of the compliance,
restoration, and/or road damage bonds. This notice
shall also include notice of the appeal process.
(a) The compliance bond shall be forfeited for
violating the conditions of site plan approval
including, but not limited to unapproved
off-site discharge of water, failure to
confine hauling to approved hauling routes,
operating in violation of the safety/security
plan, excavating within required setbacks,
mining of additional phases prior to restora-
tion of the previous phase, and activity not
consistent with permits issued by other
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ORDINANCE NO. 88
jurisdictional agencies. Upon appeal by the
applicant, the Board of County Commissioners
may, upon findings of fact, determine that the
violation did not occur or was insignificant
and may return all or part of the compliance
bond.
(b) The restoration bond shall be forfeited for
violating the conditions of restoration plan
approval including, but not limited to mine
abandonment prior to restoration, restoration
not completed within the approved time frame,
restoration not consistent with Water Manage-
ment Standards as contained in Section
25(r)(5) of this code, and restoration activi-
ty not consistent with permits issued by other
jurisdictional agencies.
The County shall use the funds to restore the
site in conformance with the approved site
plan. Any funds remaining after the com-
pletion the work shall be returned to the bond
holder.
(c) The road damage bond shall be forfeited if the
applicant, after notification by the Community
Development Director of a finding of road
damage within 1/4 mile of the intersection of
the mining haullobute and the approved mining
site, fails to repair said damage within 30
days of receipt of said notification. If the
30 day time period expires prior to the County
Engineer's certification of completion of the
work, the road bond shall be forfeited and the
County shall use the funds to restore the
roadway to conditions that immediately
preceded the establishment of the mining
operation. Any funds remaining after the
completion of the work shall be returned to
the bond holder.
(6) Appeals.
(a) Any person receiving written notice of suspen-
sion of a permit and bond forfeiture may
within fifteen (15) days following the date of
such notice enter an appeal in writing to the
Board of County Commissioners of Indian River
County, Florida. Such appeal shall state the
location of the property, the date of the
notice of violations, and the grounds or basis
of the appeal. The Board of County
Commissioners, after holding a hearing on this
appeal, may continue the suspension, modify
the suspension, revoke the operating permit,
call for forfeiture of any bonds, or reverse
the decision of the Community Development
Director.
(b) No,appeal filed later than fifteen (15) days
after the date of such notice shall be acted
upon by the Board of County Commissioners,
unless the County Administrator shall consent
thereto.
(5) Use of public and arivate roads. Any mining permit issued
pursuant to this ordinance shall be subject to the following
provisions:
(a) The applicant shall ensure that neither public nor
private property will be damaged by the hauling of mined
materials and that hazardous traffic conditions will not
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ORDINANCE NO. 88
be created. All such applications shall identify an
authorized fill hauling route. If private roads or
easements are intended to be used, written permission
shall be submitted from the person or persons owning
said road or easement as part of the application mate-
rials. No load limits shall be exceeded along the haul
route.
(b) Where deemed necessary by the County Engineer, mats,
culverts, ramps, or paved drives shall be placed at
entrances and/or exits of haul sites in such positions
that pavement edges, shoulders, curbs, and sidewalks
will be protected from damage.
(c) Where damage occurs within 1/4 mile of the access point
to a state or county road from a permitted project, the
permittee shall be responsible for repairs, and no
further development permits shall be issued for the site
until the damage has been repaired to the satisfaction
of the applicable governing body. To ensure compliance,
security shall be required in conformance with Section
25(r)(6)(e) of this code. If any of the hauling route
is over county maintained, unpaved roads, the permittee
must maintain that section of the hauling route during
the hauling operation, and security for this purpose may
be required, as determined by the County Engineer.
(d) Where vehicles hauling excavated materials use public
roads, such vbhicles shall be covered in a manner to
prevent fill spillage, to the satisfaction of the County
Engineer.
(6) Duration and completion of permits.
(a) All permits shall expire one (1) year from the date of
issuance, except when otherwise authorized by a site
plan or subdivision approval. A permit may be renewed
by paying a renewal fee and filing an annual progress
report demonstrating that the permit criteria have been
met. The report must meet the specification of para-
graph (b) of this sub -section.
(b) For all permitted projects, a record drawing by a
surveyor or engineer registered in the State of Florida
shall be provided to the Community Development Depart-
ment at the completion of the permitted project. The
record drawings shall contain sufficient information to
indicate that all of the requirements of this ordinance
have been met, and shall include cross-sections of the
excavation and a plan drawing which locates the extent
of the excavation with dimensions to all property lines.
(c) The permittee shall maintain a copy of the mining permit
on the permitted site during the entire permit period.
Said permit shall be fully visible at a location des-
ignated in the application.
(d) No permit shall be issued under this ordinance if a
violation of this ordinance is existing on the subject
property, nor shall any permits be issued to any person
who is currently in violation of this ordinance. This
section is not intended to prohibit the issuance of a
permit to correct any existing violation.
(7) Mining permit fees.
(a) The applicant for a mining permit shall be required to
file a fee with the application in an amount to be
established by resolution of the Board of County Commis-
sioners.
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ORDINANCE NO. 88 -
(b) Permit renewal fees shall be one-half (1) the amount of
the original fee.
18) Violations and penalties. Violations of this article shall
be punished as provided through forfeiture of the compliance
bond in addition to general law. Any violation of this
chapter is also subject to prosecution before the Indian
River County Code Enforcement Board in accordance with
applicable law and subject to penalties allowable under the
code enforcement ordinance.
PART 2
Section 25.1(t), Earth moving uses, Appendix A, Zoning, of the
County Code of Laws and Ordinances, is hereby amended as follows:
(t) Extractive uses (Administrative Permit and Special Excep-
tion).
(a) Districts Requiring Administrative Permit. Mining
activities may be permitted within the A-1, Agricultural
District upon receiving approval for an administrative
permit as provided in Section 25.2 and after meeting the
requirements defined below.
(b) Districts Requiring Special Exception. Mining activ-
ities may be permitted within the RFD, RS -1, RS -2, RS -3,
RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, RM -14, RMH-6,
RMH-8, ROSE -4, CRVP, PRO, OCR, MED, CN, CL, CG, CH, IL,
and IG districts upon receiving approval for a special
exception as provided in Section 25.3 and after meeting
the requirements defined below.
(c) Criteria for mining operations:
(1) A site plan meeting all requirements of Sections
23.1 and 23.2 of the County Zoning Code.
(2) A reclamation plan including littoral zone plan and
water quality management plan, as applicable.
(3) All mining activities must comply with Section
25(r), Excavation and Fill, Appendix A, Zoning, of
the County Code.
(4) All mining operations in the PRO, OCR, MED, CN, CL,
CG, CH, IL, and IG zoning districts shall be
incidental to any Indian River County Development
order or permit, including approved site plans,
subdivision plats, final development plans and/or
building permit.
(5) All mining sites shall have direct access to a
collector or arterial roadway; access from a
roadway of lessor fuctional classification may be
approved by the Public works Director upon a
finding that no significant adverse impact will
affect residential units on the subject road.
(6) The site must not be located within 1,000 feet of
any platted subdivision that is not serviced by
public water.
PART 3
CODIFICATION
The provisions of this ordinance shall be incorporated into the
County Code and the word "ordinance" may be changed to "section",
"article", or other appropriate word, and the sections of this
ordinance may be renumbered or relettered to accomplish such
intentions.
-11-
AIMIN Aoftk
ORDINANCE NO. 88 -
PART 4
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word of
this ordinance is for any reason held to be unconstitutional,
inoperative or void, such holdings shall not affect the remaining
portions hereof and it -shall be construed to have been the legis-
lative intent to pass this ordinance without such unconstitution-
al, invalid or inoperative part.
PART 5
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official acknowl-
edgement that this ordinance has been filed with the Department of
State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this day of
, 1988.
BOARD OF COUNTY COMMIS
OF INDIAN RIVER COUNTY
By
Don C. Scurlock, Sr., Chairman
ATTEST BY
Freda Wright, Clerk
Acknowledgement by the Department of State of the State of Florida
this day of '1988.
Effective Date: Acknowledgement from the Department of State
received on this day of , 1988, at A.M./P.M.
and filed in the office of the Clerk of the Hoard of County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY
William Collins
Assistant County Attorney
APPROVED AS TO PLANNING MATTERS
BY
Robert M. Keating, AICP
Community Development Director
-12-
.&
City of Sebastian
L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127
Mayor Kathryn M. O'Halloran
TELEPHONE (305) 589-5330 cry Clerk
March 25, 1988
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Dear Sirs:
For your information and records, the City Council of the City
of Sebastian,at their Regular Meeting of March 23, 1988, approved
a Resolution for a Special Use Permit for a Sand Mine.
Attached please find a copy of Resolution R-88-19 for your
records.
Should you have any questions concerning this matter, please feel
free to contact this office between the hours of 8:00 A.M. and
4:30 P.M. Monday thru Friday.
Sincerely,
Kathryn M. O'Halloran CMC/AAE
City Clerk
cc: file
City of Sebastian
L. Gene Harris POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127
Mayor TELEPHONE (305) 589-5330
March 25, 1988
Dr. Henry A. Fischer
10725 U.S. #1
Sebastian, Florida 32958
Kathryn M. O'Halloran
City Clerk
Dear Dr. Fischer:
For your information, the City Council of the City of Sebastian
at their Regular Meeting approved your request of a Special Use
permit for a Sand ;dine.
Attached please find a copy of Resolution R-88-19 for your
records.
Should you have any questions concerning this matter, please feel
free to contact this office between the hours of 8:00 A.M. and
4:30 P.M. Monday thru Friday.
Sincerely,
Kathryn M. O'Halloran CMC/AAE
City Clerk
cc: file
City of Sebastian
L. Gene Harris POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127
Mayor TELEPHONE (305) 589-5330 Kathryn M. O'Halloran
City Clerk
M E M O
DATE: March 25, 1988
TO: Building Department
Planning & Zoning
FROM: Kathryn M. O'Halloran, CMC/AAE
City Clerk
RE- Special Use Permit for a Sand Mine
The City Council of the City of Sebastian at their Regular
Meeting of March 23, 1988 passed the following motion:
Motion made by Roth/McCarthy
I move we adopt Resolution R-88-19 as read by the title only.
Roll call on the motion carried 3-2.
Attached please find a copy of Resolution R-88-19 for your records.
KMO/daw
BREEZY VILLAGE ASSOCIAI%ON, INC.
A Non -Profit Corporation
P. O. Box 781648
Sebastian, Florida 32978-1648
March 15, 1988
Henry Fischer & Sons, Inc,
Henry A. Fischer, President
P. 0. Box 780068
Sebastian, Florida 32978-0068
Daar Henry,
REs Reclamation and restoration, Sand Lake Project.
On March 10, 1988 a representative of your firm, Henry Fischer, Jr,t
met with Breezy Village Association representatives at the Sand Laka project
adjacent to the Breezy Village property, The concerns regarding reclamation
and restoration of the fifty (50) foot set back line was reviewed.
In line with Sec. 20A-5.19, Sebastian Land Development Code, the adja-
cent property to Breezy Village has been graded, topsoil spread over the
area and trees planted along the property line.
Breezy Village Association's concerns have been eliminated. we are of
the opinion that Henry Fischer & Sons, Inc, have met the requirements of
the sandmini.ng ordinance in this area, Furthermore, we are of the opinion
that the development of the Sand Lake project will further enhance the
Breezy Village properties.
After a further review of the plans of operation, we have no problem
with the City of Sebastian granting a special use permit for the sand mine
on Vickers Road, conditionally, that 011 other concerns such as water qual-
ity, have been addressed and satisfactory agreements reached.
c.c. Bruce COonar, City of Sebuatlan
Sincerely,
s)
/Chairman, Board of Directors
x°,035
City of Sebastian
L. Gene Harris POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127
Mayor TELEPHONE (305) 589-5330
March 14, 1988
Dr. Henry Fischer DDS
10725 US Hwy #1
Sebastian, Florida 32958
Dear Dr. Fischer:
Kathryn M. O'Halloran
City Clerk
For your records and information, the City Council of the City of
Sebastian at their Regular Meeting of March 9, 1988, postponed
Resolution No. R-88-19 to the next Regular Meeting of March 23,
1988.
Should you have any questions concerning this matter, please feel
free to contact this office between the hours of 8:00 A.M. and
4:30 P.M. Monday thru Friday.
Sincerely,
Kathryn M. O'Halloran
City Clerk
cc: file
VERO BEACH 1 55 -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press.Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun.
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this_ �T day of!%1 A.D. 19 >] o
Manager)
(Clerk of the Circuit Court, ]6dlhn River
(SEAL)
MEETING
The City, Council of the City of Sebastian. Flor-
9 ida, will 'continue a meeting concerning the
_. ....... ..... un G-afL19 ....firm to
Sebastian General Partnership, B.F.T., a spemai
Use Permit for a sand mine located west of Flor-
ida East Coast Railroad, East of Lance Street,
South of Schumann Drive, at 7:00 P.M. on
Wednesday, March 23, 1988. in the City Council
Chambers, 1225 Main Street, Sebastian. Florida.
At the conclusion of this meeting or at a subse-
quent meeting, the Council may enact this Reso-
lution into law. interested parties may inspect
the proposed Resolution in the office of the City
Clerk at City Hall, and may appear at the hearing
and be heard with respect to the proposed
Resolution.
Anyone who may wish to appeal any decision
which may be made at the meeting will needto
ensure that a verbatim record of the proceed -
Inge is made which record includes the testi-
mony and evidence upon which the appeal will
be based.
CITY OF SEBASTIAN, FLORIDA
By: Kathryn M. O'Halloran
City Clark
March 14, 1988 _
VERO BEACH t SSS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press.Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the Court, was pub.
lished in said newspaper in the issues of �,[/ i9p'9
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. ��,,,,��((//JJ
Sworn to and subscribed fore a this day ofA^' 4Q�OOD, 19 0
ess Manager)
(Clerk of the Circuit Court, lithtfin River County, Florida)
(SEAL)
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
NoUce of Public Hearing
The City Council of the City of Sebastian. Flor-
ida, will hold a Public Hearing concerning the
adoption of a Resolution graMing-to $$bastion
General Partnership.. B.F.T.; aSpecial Use Per-
mit for a sand mine loafed west of Florida East
Coast Railroad, East of Lance Street, South of
Schumann Drive, at 7:00 P.M. on Wednesday.
March 9, 1988, In the City Council Chambers,
1225 Main Street. Sebastian, Florida. At the con.
clusion of this Public Hearing or at a subsequent
meeting, the Council may enact this Resolution
into law. Interested parties may inspect the pro -
Posed Resolution in the office of the City Clerk
at City Hell, and may appear Of the hearing and
be heard with respect to the proposed riesolu-
lion.
Anyone who may wish to appeal any decision
which may be made at this hearing will need to
ensure that a verbatim record of the proceed -
Ings is matle which record Includes the teli
mony and evidence upon which the appeal will
be based.
CITY OF SEBASTIAN, FLORIDA
By: Kathryn M. O'Halloran
City Clerk
March 3, 1988
^► 004k
NOTICE OF CONTINUATION OF MEETING
HELD ON MARCH 9, 1988
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
The City Council of the City of Sebastian, Florida, will
continue a meeting concerning the adoption of Resolution No. R-88-19
granting to Sebastian General Partnership, B.F.T., a Special
Use Permit for a sand mine located west of Florida East
Coast Railroad, East of Lance Street, South of Schumann
Drive, at 7:00 P.M. on Wednesday, March 23, 1988, in the
City Council Chambers, 1225 Main Street, Sebastian, Florida.
At the conclusion of this meeting or at a subsequent meeting,
the Council may enact this Resolution into law. Interested
parties may inspect the proposed Resolution in the office
of the City Clerk at City Hall, and may appear at the hearing
and be heard with respect to the proposed Resolution.
Anyone who may wish to appeal any decision which may be made
at the meeting will need to ensure that a verbatim record
of the proceedings is made which record includes the testi-
mony and evidence upon which the appeal will be based.
CITY OF SEBASTIAN, FLORIDA
By: Kathryn M. O'Halloran
City Clerk
Publish: Press Journal - Monday, March 14, 1988
Gene Harrla City of Sebastian
L.
Mayor POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
March 10, 1988
Legal Notices
Vero Beach Press Journal
P • 0 Bo
x 1268
Vero Beach, Florida .32960
Gentlemen;
Kathryn M. O'Halloran
Ci1Y Clerk
Please Publish the enclosed Notices of Continuations of
Meetings held on March 9 concerning Ordinance No.
Assessments, and Resolution No. R-88-19
for Sand Mine 0-88-13 -
Press Journal; in the following issue - SPecial Use Permit
of the Vero Beach
Monday, March 14, 1988
Sincerely,
Kathry M. O'Halloran, CMC/AAE
City Clerk
LR
AON
City of Sebastian
L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran
Mayor TELEPHONE 305 589-5330
City Clark
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
Notice of Public Hearing
The City Council of the City of Sebastian, Florida, will hold a
Public Hearing concerning the adoption of a Resolution granting
to Sebastian General Partnership, B.F.T., a Special Use Permit
for a sand mine located west of Florida East Coast Railroad,
East of•Lance Street, South of Schumann Drive, at 7:00 P.M. on
Wednesday, March 9, 1988, in the City Council Chambers, 1225
Main Street, Sebastian, Florida. At the conclusion of this Public
Hearing or at a subsequent meeting, the Council may enact this
Resolution into law. Interested parties may inspect the proposed
Resolution in the office of the City Clerk at City Hall, and may
appear at the hearing and be heard with respect to the proposed
Resolution.
Anyone who may wish to appeal any decision which may be made at
this hearing will need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal will be based.
CITY OF SEBASTIAN, FLORIDA
by: Kathryn M. O'Halloran
City Clerk
PUBLISH: Press Journal Thursday, March 3, 1988
ALLSURANCE, INC.
A U Forms Of Insurance
AGENTS
VENO BEACH, FL 32960 Jack C. Redish
PHONE: 569-5225 March 2, 1988 Bill C. Law
Kay O'Halloran, City Clerk
City of Sebastian
P.O.Box 780127
Sebastian, Fl. 32978-0127
Re: Dr. Henry A. Fischer/ Vickers Pit
Permit Bond- Mining Operations
$5,000.00
Dear Mrs. O'Halloran:
This letter is to certify that Allsurance Inc. 2156 Ponce
DeLeon Circle, Vero Beach, F1. is currently in the process
of issuing a permit bond for Dr. Fischer and will be submitted
to the City of Sebastian as soon as we receive it in our
office. This should take about one week to process and
deliver.
If you have any questions, please contact me.
Sincerely yours,
Jack C. Redish
kb35
L. Gene Harris
Mayor
City of Sebastian
POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran
TELEPHONE (305) 589-5330 City Clerk
February 17, 1988
CERTIFIED
RE: Vicker Sandmine - Special Use Permit
Dear Property Owner:
The City of Sebastian, Florida, has received application for a
Special Use Permit for a Sandmine (Lake Construction) to be located
on the following described property:
The Southwest 1/4 of the Southwest 1/4; and also the South 1/2
of the South 1/2 of the Northwest of the Southwest 1/4; and also
that part of the South 1/4 of the Northeast 1/4 of the Southwest
1/4 and that part of the Southeast 1/4 of the Southwest 1/4 and
that part of the Southwest 1/4 of the Southeast 1/4 lying West
of the Florida East Coast Railroad right-of-way; all in Section
17, Township 31 S, Range 39 E, Indian River County, Florida;
containing 90.813 acres more of less.
and:
The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4; and
also the North 3/4 of the East 1/2 of the Northwest 1/4 of the
Southwest 1/4; and also that part of the South 1/2 of the
Southeast 1/4 of the Northwest 1/4 and that part of the
Northeast 1/4 of the Southwest 1/4 lying West of the Florida
East Coast Railroad right-of-way; all lying in Section 17,
Township 31 S, Range 39 E, Indian River County, Florida,
containing 39.114 acres more or less.
(See location map attached)
c)
Since you are the owner of surrounding property, you are hereb
notified that the City Council will hold a Public Hearing to onsider
issuance of a Special Use Permit, in accordance with Secti 20A-2.6
of the City's Land Development Code, on Wednesday, MarchZ3, 1988, at
7:00 P.M., in City Council Chambers, 1225 Main Street, Sebastian,
Florida. The Special Use Permit file and application are available
for inspection in the Office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday between the hours
of 8:00 A.M. and 4:30 P.M.
If you should have any objections we would appreciate your so
advising us, either by mail or at the hearing. All interested
parties are invited to appear at the hearing, and be heard with
respect to the proposed Special Use Permit.
Sincerely,
ik� P -d-)7. C),1�a.(,&,.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KMO/sam
Enclosure
City of Sebastian
L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran
Mayor TELEPHONE (305) 589-5330 City Clerk
February 17, 1988
Legal Notices
Vero Beach Press Journal
P. 0. Box 1268
Vero Beach, Florida 32960
Gentlemen:
Please publish the attached Notices of Public Hearing in the
Press Journal on the dates indicated:
ORDINANCE NO. 0-88-13 —PROVIDING FOR LOCAL PROVISIONS
FOR IMPROVEMENTS BY ASSESSMENTS - Publish 2/24/88
ORDINANCE NO. 0-88-14 - PROVIDING CRITERIS FOR OFF -
PREMISE OPEN HOUSE SIGNS - Publish 2/24/88
GRANTING TO SEBASTIAN GENERAL PARTNERSHIP A SPECIAL USE
PERMIT FOR A SAND MINE - Publish 3/3/88
GRANTING TO SEBASTIAN HISTORICAL SOCIETY A SPECIAL USE
PERMIT FOR A MUSEUM - Publish 3/17/88
Very truly yours,
Elizabeth Reid
Administrative Secretary
LR
Enc.
City of Sebastian
L. Gene Harris POST OFFICE BOX 780127 ❑, 78-0127 SEBASTIANFLORIDA 329
Aluyoi Kathryn h1. O'Halloran
TELEPHONE (305) 589-5330
Glv Clv rk
February 17, 1988
CERTIFIFD i4ic '
RE: Vicker Sandmine - Special Use per>�t
Dear Property Owner:
The City of Sebastian, Florida, has received application for a
Special Use Permit for a Sandmine (Lake Construction) to be located
on the following described property:
The Southwest 1/4 of the Southwest 1/4; and also the South 1/2
Of the South 1/2 of the Northwest of the Southwest 1/4; and also
that part of the South 1/4 of the Northeast 1/4 of the Southwest
1/4 and that part of the Southeast 1/4 of the Southwest 1/4 and
that part of the Southwest 1/4 of the Southeast 1/4 lying West
of the Florida East Coast Railroad right-of-way; all in Section
17, Township 31 S, Range 39 E, Indian River County, Florida;
containing 90.813 acres more of less.
and:
The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4; and
also the North 3/4 of the East 1/2 of the Northwest 1/4 of the
Southwest 1/4; and also that part of the South 1/2 of the
Southeast 1/4 of the Northwest 1/4 and that
Northeast 1/4 of the Southwest 1 Part of the
East Coast Railroad right-of-way; ying West of the Florida
Township 31 S, Range 39 E, Indian Riverl lying County,in SFlorida,7�
4 1
ectin
containing 39.114 acres more or less.
(See location map attached)
Since you are the owner of surrounding property, you are hereby
notified that the City Council will hold a Public Hearing to consider
issuance of a Special Use Permit, in accordance with Section 20
of the City's Land Development Code, on Wednesday, March G
7:00 P.M., in City Council Chambers, 1225 Main Street, Seb�stian8, at
Florida. The Special Use Permit file and application are available
for inspection in the Office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday between the hours
Of 8:00 A.M. and 4:30 P.M.
<
J0N\
m
9
H.4 f4
HC
? n
a
City of Sebastian
L. Gene Harris POST OFFICE BOX 780127 ❑, 78-0127 SEBASTIANFLORIDA 329
Aluyoi Kathryn h1. O'Halloran
TELEPHONE (305) 589-5330
Glv Clv rk
February 17, 1988
CERTIFIFD i4ic '
RE: Vicker Sandmine - Special Use per>�t
Dear Property Owner:
The City of Sebastian, Florida, has received application for a
Special Use Permit for a Sandmine (Lake Construction) to be located
on the following described property:
The Southwest 1/4 of the Southwest 1/4; and also the South 1/2
Of the South 1/2 of the Northwest of the Southwest 1/4; and also
that part of the South 1/4 of the Northeast 1/4 of the Southwest
1/4 and that part of the Southeast 1/4 of the Southwest 1/4 and
that part of the Southwest 1/4 of the Southeast 1/4 lying West
of the Florida East Coast Railroad right-of-way; all in Section
17, Township 31 S, Range 39 E, Indian River County, Florida;
containing 90.813 acres more of less.
and:
The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4; and
also the North 3/4 of the East 1/2 of the Northwest 1/4 of the
Southwest 1/4; and also that part of the South 1/2 of the
Southeast 1/4 of the Northwest 1/4 and that
Northeast 1/4 of the Southwest 1 Part of the
East Coast Railroad right-of-way; ying West of the Florida
Township 31 S, Range 39 E, Indian Riverl lying County,in SFlorida,7�
4 1
ectin
containing 39.114 acres more or less.
(See location map attached)
Since you are the owner of surrounding property, you are hereby
notified that the City Council will hold a Public Hearing to consider
issuance of a Special Use Permit, in accordance with Section 20
of the City's Land Development Code, on Wednesday, March G
7:00 P.M., in City Council Chambers, 1225 Main Street, Seb�stian8, at
Florida. The Special Use Permit file and application are available
for inspection in the Office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday between the hours
Of 8:00 A.M. and 4:30 P.M.
n
If you should have any
advising us, either by
parties are invited to
respect to the proposed
Sincerely,
Kathryn M.
City Clerk
KMO/sam
Enclosure
?-)7. G),Ha- bib
objections we would appreciate your so
mail or at the hearing. All interested
appear at the hearing, and be heard with
Special Use Permit.
O'Halloran, CMC/AAE
HENRY FISCHER AND SON, , C. 3965
P. 0. BOX 780088
SEBASTIAN, FL 32978.0088
AYTOTHE
RIDER OF Q
DOLLARS
®801 ST STREET
VEROBEACH, FLORIDA 92960
,•N .
MOSBY AND ASSOCIATES, INC,
CONSULTING ENGINEENS
1995 39tH AVENUE. SUITE D
P.O. BOX 6366
VERO BEACH. FLORIDA 32961
305.5690035
February 12, 1988
Ms. Dannies T. Kemp
Director of Division of Records
St. Johns River Water Management District
Post Office Box 1429
Palatka, Florida 32078-1429
Subject: Vickers Land Mine I and II
St. Johns River Water Management District
Application No. 4-061-0088A & 4-061-0088AM
Sebastian, Florida
Engineer's Project No.'s 87-168 & 87-298;
Dear Ms. Kemp:
As discussed with Mr. Jim Frazie on the telephone, we are requesting
a change to our permit request regarding the mining techniques for
the subject project. Our original mining construction approach
was to obtain a consumptive use permit for dewatering and mining
the land mine in the dry. In addition, we proposed to remove the
material down to elevation 0.0 feet.
After reevaluation of the overall mining operations, we are request-
ing the following changes:
1. Vickers Land Mines I and II shall be mined in the wet by use
of draglines and'dredges.
2. The maximum bottom elevation of the proposed mine will be
elevation 5.0 feet verses the originally requested 0.0 feet.
With these changes, we understand a consumptive use permit will
not be required and the permit operation will continue more smoothly.
Please provide this revised permit data to the necessary engineers
with St. Johns River Water Management District reviewing this project.
Should you require further information, please call.
Very
J
RLM:mrk
cc. -Mr. Dewight!Jehkins
Mr. Jim Gallagher
AMN
1- .
M E M O
CITY OF SEBASTIAN
PLANNING AND ZONING COMMISSION
1225 MAIN STREET
SEBASTIAN, FLORIDA
PHONE: 589-5330 STAN KRULIKOWSKI,CHAIRMAN
_____________i-_-__-----_--__---------
January 25, 1988
TO: Maypr and City Council
FRCM: Planning and Zoning
RE: Vickers Sand Mine
Please be advised that at the regular Planning and Zoning meeting
the above site plan was discussed.
The board made the following motion:
Motion by Mrs. Poole to recommend approval of the sand mining
special use permit contingent to all necessary permits from St. Johns
and other applicable agencies as well as the recommendation that
signs.be posted stating "No trespass". Motion was seconded by Mrs. Taylor
Passed unanimously.
Copies of the approved site plan are attached.
On MOTION by Dan Richey, SECONDED by
Leland Gibbs, the Board unanimously
approved preliminary plat approval
as recommended by staff.
ITEM 9 - Proposed Revision to the Mining Ordinance. To consider
recommending the adoption of a revised mining ordinance.
The hour of 7:30 P.M. having passed, the following notice
with proof of publication was read:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Coach, Indian River County, Florida
iOUNTY OF INDIAN RIVER: STATE OF FLORIDA
Baro,a rhe undorsi9mul authority personally appealed J. J. Schumann. JI who on earn
ay5 that he Is 6u5mes5 Manger of the Vero Beach Press Journal, adaily enwsp•aper published
1 Vero Beach m Indon River County. Florida: that the al lathed copy of advm1, bsehr bang
y7
_________.____mlhc mallero116L _<�a%��• /
. m the ^ Court. was pin
!,had in Aald newspaper m the issues of r e`7
Alllant further says that the said Vero Beach Press Journal is a newspaper published at
'arc Beach, in said Indian River County. Florida, and that the said newspaper has heretofore
leen continuously pr -bushed in said Indian River County. Florida. each daily and has bean
nlered as second class mail mallet at the post office in Vero Beach. In said Indian River Cour.
y. Florida, for a period of one year next preceding the lnsl Vutillcation of the attached copy of
dvartnu mepl: and allurl further says that he has neither paid nor promised any person. War
'r Corporation any discount, rebate commission or refund for the purpose of securing this
p o r 10 and
for cacaltrPublication in the said elWSpaplr,A`yFr�
,worn to and eubs<nbM D re this �� /S tley of .D 19
nU ^`
�1
(jificinness Managaq
Klerk of the Circuit Court: Indian River County. Florida)
SEAL)
22
A only arms woww i.ewnu n .w,l.ois
at In. P nnng pewrment once On aw smpna
a-' pl on. Conary Ad—vul,ta emli n.p
AnreM who nary iwan n, ..a a., penfmn
when m.y e. m.d..1 ni m.npe .m n,wr ie
.1.1. par . urnnn-record pi n,. gpC.M�n�t
T.M, whreh xiCWd.s In. lash., and ern
ante apart whriah lM w0wil a b.va '
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Mr. Miller commented from his memorandum dated January 11,
1988 as follows:
INDIAN RIVER COUNTY, FLORIDA
INTER - OFFICE MEMORANDUM
TO: The Honorable Members of DATE: January 11, 1988 FILE:
The Planning & Zoning Commission
DEPARTMENT READ CONCURRENCE:
Roo&�1 z ,
1-'ng.j AICD UBJECT: Proposed Amendment. to
Community Develop ent Director Section 25(r) Mining
and Excavation
FROM: Michael K. Miller MKN REFERENCES: P&z MEMO/MINING ORD.
Chief, Environmental Planning DISK: MIKE
& Code Enforcement
It is requested that the data presented herein be given formal
consideration by the Planning and Zoning Commission at their
regular meeting of January 28, 1988.
DESCRIPTION AND CONDITIONS:
Recently, the Board of County Commissioners directed the staff
to make a comprehensive revision to the mining ordinance. The
staff has examined issues relating to lake development and mine
restoration, and limited protection for the Coastal Sand Ridge,
in addition to mining issues such as bonding, ground water
quality, exemptions, and the identification of hauling routes.
During the last 6 months, 3 workshops have been conducted by
the staff, and discussion has primarily focused on the cost of
meeting littoral zone requirements and the establishment of
hauling fees to mitigate the damage to the haul routes due to
sand truck traffic. By the conclusion of the workshops, the
littoral zone requirements had been modified, and the concept
of hauling fees had been deleted from the proposed ordinance.
The hauling fee issue was dropped with the understanding that
public discussion of the need for additional revenue to repair
road damage primarily caused by sand trucks will continue, and
methods for generating such road repair funds may be examined
in the future.
ALTERNATIVES AND ANALYSIS:
The proposed ordinance addresses three principal issues:
Zoning districts where mining is permitted;
Water management standards for lakes; and
Mining of the Coastal Sand Ridge.
Zoning Districts - The present mining ordinance restricts
mining activity to an Administrative Permit use in the A-1,
Agricultural Zoning District. The proposed ordinance retains
mining activity as an Administrative Permit use in th- A-1,
Agricultural District and expands mining activity as a Special
Exception use in Residential, Commercial and Industrial Zoning
Districts. The proposed ordinance permits mining activity in
residential zoning districts for two reasons. First, the
Sandridge has been extensively mined and future mining activity
23
E2
Will :na:vitabiy move west of the ridge; and :second, mining
activity is often considered a precursor to residential
•3evelcpment and, the_reforo, the activity should be permitted
(through the Special Exception review proccus) in residential
districts.
If mining is not permitted in residential zoning districts,
either rezonings from residential to an agricultural zoning
district will be attempted and/or residential zonings will be
requested in agricultural districts after mining is completed.
Either of these situations tend to destabilize the planning
process and the validity of the comprehensive land use plan
map, and therefore cannot be considered to contribute to good
planning efforts.
Mining activity is propised as a Special Exception use for
Commercial and Industrial Zoning Districts to enable the
removal of large quantities of material from the site of a
major development.
Water Management Standards - The proposed mining ordinance
proposes to establish water management standards that would
apply to the creation or expansion of any waterbody. In the
last few years, the D.E.R. and St. Johns River Water Management
District have implemented requirements for certain types of
stormwater management tracts that include the establishment of
littoral zones. The intent of the proposed water management
standards is to provide for the construction of littoral zones
for waterbodies that are not of a size or type that require the
construction of littoral zones from other agencies. The value
of the littoral zone for filtration of stormwater runoff,
nutrient and pesticide uptake and wildlife habitat has been
well documented in the scientific literature.
The littoral zone standards were examined in detail, and
several alternatives were examined. Initially, the staff had
proposed that 308 of the lake sprface be developed as littoral
zone which is consistent with St. Johns Water River Management
District requirements for certain wet detention systems. This
amount of littoral zone area was finally reduced in size since
analysis of the amount of sand volume lost to mining showed
that 234 of the sand currently mined (from a 20 acre site)
would be "locked -up" and unavailable to the sand mine operator.
The present littoral zone proposal reduces the minimum required
littoral zone area from 304 of the lake surface to 10t of the
lake surface area (for a 20 acre lake(.
The littoral zone is defined as the area from 1 foot above
control elevation of the lake to 21 feet below control eleva-
tion. The amount or area of littoral zone shall be computed at
a rate of 15 square feet of littoral zone (below control
elevation) per linear foot of lake shoreline. The littoral
zone need not be in a continuous band around the lake and shall
not be of a slope steeper than 1 foot vertical to 6 feet
horizontal. In addition, the littoral zone will need to be
planted or seeded in a way that will provide 804 plant coverage
within a two year time period, and wetland tree seedlings must
be planted around the perimeter of the lake.
Mining on the Coastal Sand Rid e - The proposed ordinance would
rPgat[r< P dt-roo mini.ngan . e anal 5ond 2:o(9 -c- s all (resu�z�
!q VV We ;l..II ..7 fres :i 11 :r.i n•�r,. :ai
that portion of a project site lova Led on the sand ridge.
24
The St.f Johns River Water.. Management,N,District „has determined
-that 25 tect MSL. is_a.minimurgjveragc elevation that should be
;preserved on the -Sand Ridge. i Maintaining a minimum overage
elevation of 25' MSL on the Ridge serves the function of
preserving soil overburden for filtration of potential ground-
water pollutants, and for preserving hydrostatic pressure which
in turn acts as a barrier against salt water intrusion from the
Indian River. In acknowledging that the Sand Ridge has been
impacted by previous development on the Ridge, preservation of
a minimum 25 foot MSL elevation is proposed to prevent further
degradation of Ridge overburden.
Recommendation:
Staff recommends that the Planning 6 Zoning Commission forward
a recommendation of adoption of the revised mining ordinance to
the Board of County Commissioners.
Y.CONONII' IMPACT rlY PRINCIPAL On01NANCE [IIA MG Y.S
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And PtuerNn9 the app! bona
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. lar [ To c [ eW ur(maµ by aTP—bl MJY $12.000 - 5n'.. M [JJNMn Ie Un. W hrnrWV. }h[ PU Mi[ h[_I. un lurI, tlln Cn+ilum ul
rpr ,d urdW nc[du[Wanu�ll[n[e W bind vW . obol ru[ t,I hru �utd P.
P.N/ AvrtWn 9rou nJ velvr Ir+ll.l nlye urtv.. TN.
Mr. Miller explained three bonds pertaining to this matter:
1. Compliance - This bond has a punitive effect. If
there is a problem with the operator conforming to Code, there
will be the ability to have the work stopped until the problem is
corrected. n
2. Restoration - This bond would guarantee that the
site was restored or modified at the conclusion of mining
activities.
3. Road Bond - This is a $5,000 bond that covers the
roadway one-quarter mile of the site along the haul route which
can be used in case there is road damage.
25
Opftk Aoftbk
rA
All of the forfeitures of the bond would be eligible for
discussion before the Board of County Commissioners, Mr. Miller
added.
Mrs. Stanbridge asked why staff expanded into the
residential, commercial and industrial zones.
Mr. Miller explained that the Sandridge has been extensively
mined and future mining activity would have to go elsewhere, and _
the special exception option would provide the potential for
protection for other areas.
Mrs. Stanbridge inquired about the depths of lakes.
Mr. Miller responded ti,at he did examine depths in detail by
contacting various counties and the most common answer for a
depth limitation was for safety sakeTM' Staff could not find a
rdefinitive`study onwhichto base- a depthrestriction.
Mrs. Stanbridge felt staff was defeating its purpose with a
littoral zone if there is no depth' limitation for the lake; they
have to work together, the depth and the littoral zone.
Mr. Miller advised that they are getting into their
comprehensive planning process and there will be an opportunity
in -the next year to discuss issues such as this, and ordinances
ikfplementing those policies might approach this subj,-ct from a
different prospective.
Mr. Keating explained that in the past it has been difficult
for someone to mine land that was appropriately located.
Presently, the applicant could not show staff a final restoration
plan or the type of lots intended for development, and there was
nothing staff could hold the applicant to because during the
mining process, it would be zoned Agricultural. Mr. Keating
advised staff still has protection with the setbacks and other
restrictions that are in place. 19-9' 7to'�the -lake depth, staff
tffeal'to"fied"'justification but -could ,not find' any off-site
effecis-iri-Yelatioin to -this.
Mrs. Stanbridge stated that if there is a lake with a depth
that works with the littoral zone, the life of the lake would be
prolonged.
M.
Ag%k AO►
Mr. Keating asked Mrs. Stanbridge to give staff tho benefit
of her research since they have been trying to find what the
optimum depth is and its relationship to the littoral zone.
Mrs. Stanbridge pointed out that she has worked with it for
23 years; Eheie i o magic number, you just have to work with
th8'geology
Mr. Miller noted that they would not have monitoring wells
on the site. If someone detected a difference in their water
quality from a well, staff would move quickly to investigate.
Mr. Keating commented that dewatering of a site almost
always requires a consumptive use permit by St. Johns and entails
their monitoring of it, but did not know to what degree.
Mrs. Stanbridge asked if they had the manpower to enforce
these items because with opening up into Residential and
Commercial, they will have requests for sand mines in every 20
acre parcel.
Mr. Keating responded that people are reluctant to mine
Commercial land because that acreage is valuable. As far as
large residential areas are concerned, if it is economical to
mine• now, it probably would be a candidate for rezoning to
Agricultural.
Lengthy discussion followed along those lines, and it was
determined that the proposed ordinance would provide more
safeguards and special exceptions could be implemented when
needed.
Mrs. Stanbridge noted that a major problem with mining in
any residential area is that dewatering cannot be safeguarded and
that once water is gone, it cannot be put back.
Chairman Tippin asked if there was anyone who wished to be
heard.
Steve Hall, Executive Assistant with the Associated General
Contractors, commented that he had attended three workshops and
was advised there would not be any changes to what they had
accomplished at the workshops. Ile objected to one section in the
27
4
r• A
r"A
new draft, Item 7-C, concerning the road damage bond, which was
new. Mr. Hall viewed this proposed ordinance as being somewhat
discriminating in that it was targeting and putting a burden on a
single industry within the county. lie then spoke of other
industries, such as agriculture, with their fruit trucks, and the
construction industry, with their heavy concrete trucks, who were
not being mentioned at all. _
Attorney Collins spoke about the workshops that were held
and many of the points that Mr. Hall was raising now were )..ought
out. At that time, this ordinance combined both provisions for
mining and excavation and provisions for hauling fees as well.
Ile continued that it was more or less an impact fee in the sense
that a fee would be charged for each cubic yard hauled either to
or from a site. The question arose about the orange hauling
trucks and concrete trucks also having to pay. The Attorney
continued that as a result, all of the provisions for hauling
fees and cubic yard charges were dropped out of this ordinance
and it was addressed primarily to mining, excavation and
reclamation. The provision that Mr. Hall is referring to in Item
7C .now is not an impact fee and no:. based on any particular
amount of haul, it is simply a bonding requirement that is to
provide for any road repair within a fixed distance of the mining
entrance. Past experience shows that where the trucks enter,
there are curb or pavement breakdowns or some associated
problems. The Attorney concluded that if there is no road damage
determined, the bond will be returned.
Mr. Kleckner noted that a sand mining permit is a temporary
sort of thing. Mining will occur and then it may become a
residential area. A concrete plant is a permanent plant and,
using Rinker as an example, advised that they improved their
access county road because their plant was a permanent location.
In the case of a sand mine, it is for a short term, and he could
see a need for bonding in that case.
The Attorney pointed out that when a permit is issued for
building, the engineering department issues a right-of-way permit
28
W,
so that trucks, whether they be concrete, lumber, etc., can enter
off the public road onto the site; it is part of the right-of-way
permit. The person agrees to be responsible for the maintenance
of those roads and repair any breakdown in paving. He add d that
if they fail to do so, the county will do the repairs and bill it
back to the responsible party. Attorney Collins also thought the
engineering department has a right-of-way ordinance in the works
which will provide for some bonding provisions to cover those
construction situations.
Since no one else wished to speak, the Chairman closed the
public hearing.
Mr. Tippin noted that there is a mining competitor that
crosses the county line and asked if there was any mechanism to
control this impact on our roads.
Mr. Keating advised that there was a hauling fee to be paid
by the person getting the fill, whether it was being delivered
from in or out of the county, but the fee system did not work
out.
Mrs. Stanbridge said she would like to see Residential,
Commercial and Industrial zonings in the special exception be
deleted and go back to the Agricultural. She has seen what some
of the mining activities have done to residential areas and did
not think there was enough manpower to protect the water
resources from these mining activities.
Mr. Miller inquired if special guidelines along with the
special exemptions would be acceptable.
Mrs. Stanbridge commented that it possibly would help. She
also had problems with lakes dug in cow pastures next to
residential areas. She felt when mining a lake, it was excessive
to go down to 30' and 50', then restore it with mulch and a few
green plants and a little littoral zone. There would be a lake
that would not function as a lake. This is then sold off to a
developer thinking he has a viable habitat in the lake but in a
few years he has stunted fish. Mrs. Stanbridge stated that this
29
dv,
happened in Bent Pine. The problem was that the lake was too
deep to begin with; it had a fish population that was introduced,
it grew to a certain size and that was it. There is it viable
restoration being done in the phosphate mins in the Bartow area.
By investing a little money, they are restoring the mined area by
putting elevations in, restoring the lake bottoms and littoral
zones. She continued that they are selling hundreds of acres for
residential development that looks like prime, early Florida, and
they are not having problems. Mrs. Stanbridgo knew there were
wa,ls to accomplish restoration but she dial not think taking
mining into all parts of our zoning is going to solve our
problem.
Mr. Richey agreed that nobody wants mining in a noighhorhood
that would be detrimental. He continued that it person would not
have to go through a rezoning and then a rezoning again; the
county can give him a special exception.
Mrs. Stanbridge inquired with a special exception, would the
adjoining property owners be able to comment.
Mr. Brenner felt the staff could be directed to come up with
some special crite[ra between now and when this would be brought
before the County .-immission that is fairly restrictive, taking
neighboring properties mainly into account. A developer can read
the ordinance and know whether his piece of property is available
fr,r that exception.
Mrs. Stanbridge wanted the ordinance prepared so that the
public can read it and feel they are being protected by their
county government.
Mr. Kleckner pointed out that when staff goes through the
double change in zoning, some control can be lost but with this
technique and the safeguards being discussed, there is an
opportunity to see the restored plan.
.Chairman Tippin commented that if the requirements for
septic tanks implemented by the State Board of Health did not
require "mountains" all over the county, there would not be the
need for sand mines.
30
I*'
Mrs. Stanbridge noted that when the Board forbids peopLe to
build in areas that are so low that they have, to build up not
F
only their septic tank, but their house slab, then that will:f
solve our problem too.,,
�..�
Discussion followed along those lines.
On MOTION by Claude Kleckner,�SECONDBD
by Leland Gibbs, the Board passed,
with a vote of 5 to 1--with-Ruth
s
Stanbridge voting in"opposition; that
the Board recommend approval of they
revised mining ordinance to the County %•`.
Commission for adoption as presented,
and with additional verbiage for special
exemption in the Residential zone.
Mr. Keating advised that staff would present more specific
verbiage concerning the special exception at the next meeting in
order to get some feedback from the Board.
Mrs. stanbridge asked if Mr. Klddkner'and Mr. Gibbs"would-be
.amenable to adding a depth designation'to the -lake .
Mr. Gibbr-I'esponded that he would but staff did not come up
/
with a recommej,dation.
.Mr."Miller explained -that—for"=larger sites, over iz•. cres,
St.._.Johns is going- to,. havp'`jurisdiction Wand if they find that
there will be serious ground `w6ter problems, they will alter the
depth.
Mrs. Stanbridge stated the storm water management rule for
the St. Johns is a bit lower than it is for mining. If a person
is mining in a residential area and wants to use it for storm
water, he cannot go as deep as for regular mining.
Mr. Miller interjected that the district hydrologist will
look at each mining site and try to make a determination if the
applicant's proposed depth is going to have an adverse ground
water implication and he will make limitations.
Chairman Tippin suggested that since Mrs. Stanbridge had
background on this subject, she could possibly share it with
31
I^
CITY OF SEBASTIAN, FLORIDA
sW*l
APPLICATION FOR SAND MINING PERMIT
THIS APPLICATION FOR A SAND MINING PERMIT IS PURSUANT TO THE LAND
DEVELOPMENT OF THE CITY OF SEBASTIAN, FLORIDA, SECTION 20A-5.19.
PRINTS OF A MINING SITE PLAN PREPARED, SIGNED AND SEALED BY A
PROFESSIONAL ENGINEER LICENSED IN THE STATE OF FLORIDA.
PLEASE COMPLETE THE FOLLOWING:
1. DATE OF APPLICATION: -- 7--/—,f 7.
2. SECTION, TOWNSHIP AND RANGE TOGETHER WITH A LEGAL DESCRIPTION
OF PROJECT AREA: (LEGAL DESCRIPTION MAY BE ATTACHED TO
APPLICATION.)
3. NAME AND ADDRESS OF OWNER OF RECORD:
-00
TELEPHONE: S `b 9- S 3_S 7
4. NAME AND ADDRESS OF APPLICANT: (IF DIFFERENT FROM OWNER
ATTACH LETTER OF AUTHORIZATION)
5.
6.
So.,. t t.s A L� oar-
TELEPHONE
✓c
TELEPHONE (INCLUDE AREA CODE:) S -c w% &10vc
ATTACH NINE (9) PRINTS OF MINING SITE PLAN TO APPLICATION
SHOWING AT LEAST THE FOLLOWING INFORMATION:
(a) North point arrow, scale acceptable to the city
engineer, and date.
(b) Location of the area to be excavated including the
location of any easements or rights-of-way.
(c) Existing and proposed grades based on U.S.G.S. datum.
(d) Location of all existing and proposed structures.
(e) Location of all areas on the property subject to inundation
or flood hazard, and the location with and direction of
flow of all waterways and flood control channels that may be
affected by the excavation.
(f) Bench marks.
(g) Typical cross sections, showing the extent of overburden,
extent of sand and gravel deposits, and the water table.
(h) Processing and storage areas.
(i) Proposed screening including fencing, gates, parking areas
and signs.
(j) Ingress/egress roads, plus on-site roads and proposed
surface treatmenC and means to limit dust.
(k) A map showing access routes between the property and the
nearest arterial road.
(1) Areas to be used for ponding.
Statement describing method of operation. A statement shall be
submitted with the site plan to include the following:
(a) The approximate date of commencement of the excavation and
the duration of the operation.
(b) Proposed hours and days of operation.
(c) Estimated date and volume of the excavation.
(d) Method of extracting and processing, including the deposit
of overburden or top soils.
(e) Equipment proposed to be used in the operation of the
excavation.
(f) Operating practices proposed to be used to minimize noise,
dust, air contaminants and vibration.
(g) Method to prevent pollution of surface or underground
water.
7. Required reclamation plan:
(a) A reclamation plan shall be submitted with each application
as part of the site plan which shall include the following:
i. A statement of planned reclamation, including the
methods of accomplishment, phasing and timing.
ii. A plan indicating the final grade of the excavation;
any water features including the rehabilitation and methods
planned to prevent stagnation and pollution;
landscaping or vegetative planting; and areas of cut or
fill. This plan, if clearly delineated, may be
included with the site plan. For quarry applications,
the final grade shall mean the approximate planned
final grade.
iii. A phasing plan, if the excavation of the site is to be
accomplished in phases. This plan shall indicate the
area and extent of each phase and the approximate
timing of each phase.
iv. The method of disposing of any puipment or structures
used in the operation of the exvation upon completion of
the excavation.
8. Required fee. The application all a accompanied by a fee as
shall be determined by resol i the C' Council.
9. Signature of applicant:
-------------------------------------------------------------------
PLEASE DO NOT WRITE BELOW THIS LINE - FOR CITY USE ONLY
1. DATE APPLICATION RECEIVED: /=7 - /-,? 7
2. APPLICATION FEE PAID: /..Z -/-do 7
3. NINE (9) PRINTS OF SITE PLAN ATTACHED V B S
4. DATE FIRST ACTION OF PLANNING AND ZONING COMMISSION:
5. DATE SUBMITTED TO CITY COUNCIL FOR SPECIAL USE PERMIT:_
6. DATE OF PUBLIC HEARING BEFORE CITY COUNCIL:
7. DATE OF FINAL CITY COUNCIL ACTION:
8. PERMIT ISSUED (OR DENIED) ON:
, ILIVLLU IIMI 1-1
00,00011,
Together, with all the 1.ments, heredilamenls and appurlena,—as — relo belonging or in any-
wise' apperfoining.
�o �iaue and to 1101d, Ilia same in fee simple forever.
hid lite grantor hereby convenanls with said grartlee flint Ilia grantor is lawfully seized of said land
In fee simple; that Ilse grantor has good right and lawful authority to sell and convey said land; that lite
grantor hereby fully warrants the title to said land and will defend Ilia some against lite lawful claims of
all persons whomsoever; and Ilial said land Is free of all encumbrances, except taxes accruing subsequent
to December 31, f9 85.
SUBJECT TO:
1. Restrictions, reservations, limitations, and easement of record, if any;
this reference to said restrictions shall not affect to reimpose sane.
2. Zoning ordinances affecting said property.
i�
In Witness Whereof, Ilse said grantor tics signed and sealed these presents the day and year
first above written.
Signed sea(q and delivered in pur presence: t"",
".S.
�s.
STATE OF F r a �
COUNTY OF 1 2n .- e_
1 HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the Stale aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Donald S. Vickers, Jack K. Vickers, Dorothy Rogers and Betty V. Foster
to me known to be the person s described in and who executed the foregoing instrument and the acknowledged
before me that they executed the same. .X�
y:
WITNESS my hand and official seal in the County and State last aforesaid this''.
April
,/� '•.day of
A. D. 19 86 \ ?' ; ,
Notaublic
peerry?ubhe, Slafaof Florid�-o�r forgo,
My Gmmisslon Expires Oci. ti, �4Q7!
•......i.,....:
John Gould, Esq.
Thir Lv/nancnf prcparrd by: 979 Beachland Boulevard
Addrett Vero Beach, Florida 32963
,,NM 133PH, I I oil;
IONO FORM
REQUE- D MAY 1 5 1°8n
d~� �'0
his Warranty feted Made the /J day of fi /o r. l A. V. Iv by
Donald S. Vickers, as to an undivided 2490/8689ths interest, Jack K. Vickers,
as to an undivided 2490/8689ths interest, Dorothy Rogers, as to an undivided
2499/8689ths interest, and Betty V. Foster, as to an undivided 1210/8689ths
interest.
hereinafter called the grantor, to
Sebastian General Partnership, B.F.T.
whose postoffice address is P.O. Box 68, Sebastian, Florida 32958
hereinafter called the grantee:
(Wherever .,rd herein the terms Rrentor" and rentee" include dl the parties to this •mtmment and
fin' Ae hefa, N,-] rcpraemativo end sn,iRm of Individudc, and the meconin and coign, of corporations)
Ylllft��e$SQth: That lite grantor, for and in consideration of the sum of $ 10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re-
mises, releases, conveys and confirms unto the grantee, all that certain land situate in Indian River
County, Florida, viz:
The Southeast quarter of the Southwest quarter of the Northwest quarter; AND
ALSO, the North three-quarters of the East half of the Northwest quarter of
the Southwest quarter; AND ALSO, that part of the South half of the Southeast
quarter of the Northwest quarter and that part of the North three-quarters of
the Northeast quarter of the Southwest quarter lying West of the Florida East,
Coast Railroad right-of-way; all in Section 17, Township 31 South, Range 39I
East, Indian River County, Florida.
AND ~
The West 30 feet of the Northwest 1/4 of the Northeast 1/4 of Section 20, Town
ship 31 South, Range 39 East, as being in Indian River County, Florida.
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2 72E
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1190. 6T. -NAT. $/,9od:ao r,- to
f"_'.: i l;Bi&BT, Clerk of Circuit Com ;v :xr-
River Caunly.- 6y_ ' -t �Fti-�
GILLESPIE, McCORMIL, GILBERi
McGEE
2400 East Atlantic Boulevard
Suite 300
Pompano Beach, Florida 33062
I
BoK0133PAR
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1'I IIT 1 :) I:lilh
WARRANTY. Or EO gAMCO FORM ]J
(FROM CORPORATION, 4-/ 93r
v� /�
This 10arranty Deed made and executed file 1,5— day of 4prl•l A. D. 19 F(- by
Darl Investment Company, a Florida Corporation
a cot porn 11un e.s Is Ii IO antler Ill' It Is of Flut.Idli
full haulms Its .Rl lnclp(I%lute ol. _.
business of P.O. Box 357, Sebastian, Florida 32958
hereinafter called lite grantor, to
Sebastian General Partnership, B.F.T.
�i
whose posto(fice address is
.:-t-,
r•;��..;
P.O. Box 68, Sebastian, Florida 32958 1
hereinafter celled the grandee:
n-_:.
fwh sever used herein the terms "granter" and "grantee" include
t—� 1
all the parties to this +mtr'nlntgta;
tjt
the heirs, legal representatives and assigns of individuals, and the
concessions, and Mm
signa of eprpati
.C-'
<.
.r
�n�r
tiWl tnessetIl:
W
That lite grantor, for arid In consideration
of file sum of $ 10.00
and
other
valuable considerations, receipt whereof is hereby acknowledged.
by these presents does grant, bargain,
sell,
alien, remise, release, convey and confirm unto lite grantee, all
Ihat certain land situate in Indian
River
County, Florida, viz:
The Southwest quarter of the Southwest quarter; AND ALSO, the South half of
the South half of the Northwest quarter of the Southwest quarter; AND ALSO,
that part of the South quarter of the Northeast quarter of the Southwest quarter
and that part of the Southeast quarter of the Southwest quarter and that part
of the Southwest quarter of the Southeast quarter lying West of the Florida
East Coast Railroad right-of-way; all in Section 17, Township 31 South, Range
39 East, Indian River County, Florida.
DC. rT. - F,10T. s �,3i�r DO cJ�; /3 11
Fuca Wii ar, Citric of Circuit Curt
Irfliau River County, by))/>x4_e^j01F`. •a -a
Togetlier with all file tenements, heredilamenls and appurtenances thereto belonging or in any-
wise appertaining. '
To flaue and to Moldy lite some In fee simple forever.
And the grantor hereby covenants wilh said grantee that it is lawfully seized of said Ignd.,in fee
simple; that if has good right and lawful authority to sell and convey said land; that it hereby fully war-
rants the lisle to said land and will defend the some against file lawful claims of all persons whomsoever:
and Dat said land is free of all encumbrances except taxes accruing subsequent to December
31, 1985.
SUBJECT TO:
1. Restrictions, reservations, limitations, and easement of record, if any;
this reference to said restrictions shall not affect to reimpose same.
2. Zoning ordinances affec inSWsaid pr��erty.
(CORPORATE SEAL) It 1lWitrless 1Ulll�erOf the grantor has caused these presents to
be executed in its name, and its corporate seal to be hereunto affixed, by its
proper officers diereur io duly authorized, lite day and year first above written.
ATTEST: ..........
SecretaryDARL INVESIMENP CCf�ANY a FL CA
S Illyled, sealed and delivered in the presence of: r`t r':"''
r J %� Donald S. is s r:dia�At
f
Witnes
STATE OF FlOrl.�Ta -7 ,
COUNTY OF J_/, d//('li n
I HEREBY CERTIFY that nn this it.,. be(nre me, an seises duly authorized In the Slate and Coun IT ar.rnaid to take acknovledrg,nenb,
personally appeared
Donald S. Vickers
well known to me to be the President and----------------------
sea
pectively of the corporation named as grantor
m the foregoing deed, and till they severally acknowledged executing the lame in the proems of Iwo subscribing wi,AcIse0r,,If and voluntarily
under authority duly vested In them by said corpora Goa and that the seal afli.,d therem h the true torponte seal d yid corpora)ian.
WITNESS my hand and official seal in the County and Slate last aforesaid this day of April i' 86
. }. A' I). I9
1,
. ...47
A -s
TirLrrinunen! pmared by Bohn Gould, Esq. oPulic, '
,
Addreo i 979 Beachland Boulevard N I, ,., J;;r, n:i,`?br;r;-at lir'gia.
Vero Beach, FL 32963 isi, :?n;n,i:_iol„'<;ib +]s1t,2:yr117
/I
a
■
PROPERTY SURROUNDING 200' of VICKER'S PIT
* Starting on the North Side to West to South End
1. General Development Corp.l
1111 South Bayshore Drive
Miami, Florida 33131
2. Mary'A. Leslied
P.O. Box 781258
Sebastian, Florida 32978-1258
3. Stella Luz
PBX 781015
Sebastian, Florida 32978-1015
4. Anthony R. & Joanna 0. Sheeran
938 Beach Lane
Sebastian, Florida 32958
�\ 5. Victor A. & Effie Williams
358 Concord Avenue
Sebastian, Florida 32958
6. John V. &Dorothy Aberts
374 concord Avenue
Sebastian, Florida 32958
7. Wilfredo',L. <&'1Belena T. Ong
8330 West Winnemac Avenue
Norridge, IL. 60656
8. Leondino G. & Narcisa Cruz
e 8330 West Winnemac Avenue
Norridge, IL 60656
9. GDC
10.
Wallace & Fern Schar
1459 Speechley
Berkeley, IL 60163
11.
Noel R. & Janice K. Waite
801 Essex Lane
Sebastian, Florida 32958',1
12.
Mildred Hartfnan; & Linda Delmke
727 Schumann Drive
Sebastian, Florida 32958
First Baptist Church of Sebastian, Inc.
P.O. Box 780306
SebagDiAH, Florida 32978-0306
William G. & Helen Peter Bruce
739 Schumann Drive
Sebastian, Florida 32958
Charles G. & Teresa R. Bailey
P.O. Box 780732
359 Schumann Drive
Sebastian, Florida 32978-0751
Arnold & Carol E. Schwarze
751 Schumann Drive
Sebastian, Florida 32958
Edward J. & Shirley Fry O'Neal
RTE 1 Box 757 Schumann Drive
Sebastian, Florida 32978-0757
James M. & Marjorie C. Peilcock
RR1
Deputy, IN 47230
26. Ralph N. & Beatrice A. Arand
( 342 Gilson Avenue
Sebastian, F1 32958
27. Michael H. Ward & Mark H. Ward
1028 Maxwell Street
Boulder, Co 80302
28. Foster H. & Adele Blood
881 Gilbert Street
Sebastian, FL 32958
J 29. Karen M. Stephens Mann
882 Dolores Street
Sebastian, F1 32958
I
i 30. Eirene E. Milligan
100 North Clyde Morris Blvd., Apt. 148
Ormond Beach, FL 32074
Datona Beach, F1 32018
a
31. Richard B. & Linda K. Votapka
873 Southeast Lance Street
Sebastian, FL 32958
32. Sigmnnd S. Moderachi
L' 881 Lance Street
Sebastian, F1 32958
33.
Charles P.
& Betty C. Teague
II
882 gilbert
Street
19.
Thomas E. & Mildred E. Hepburn
34.
John & Lenore
Box 780275
874 Gilbert
Sebastian, FL 32978-0275
20.
Leo A. & Marguerite T. Beyer
35.
Edna B. Robinson
343 Concord Avenue
873 Schuman
Sebastian, FL 32958
21.
Hugh L. & Patience E. Walters
841 Dolores Street
Sebastian, FL 32958
22.
John Willam, SR. & Mary Greenwood Thompson
857 Dolores Street
Sebastian, FL 32958
23.
Ronald M. & Corinn Vanbuskirk
C
865 Delores Street
Sebastian, FL 32958
24.
Warner H. Morgan
873 Delores Street
Sebastian, FL 32958
25•
Jeffery James & Barbara Ann Assad
881 Dolores Street
Sebastian, F1 32958
26. Ralph N. & Beatrice A. Arand
( 342 Gilson Avenue
Sebastian, F1 32958
27. Michael H. Ward & Mark H. Ward
1028 Maxwell Street
Boulder, Co 80302
28. Foster H. & Adele Blood
881 Gilbert Street
Sebastian, FL 32958
J 29. Karen M. Stephens Mann
882 Dolores Street
Sebastian, F1 32958
I
i 30. Eirene E. Milligan
100 North Clyde Morris Blvd., Apt. 148
Ormond Beach, FL 32074
Datona Beach, F1 32018
a
31. Richard B. & Linda K. Votapka
873 Southeast Lance Street
Sebastian, FL 32958
32. Sigmnnd S. Moderachi
L' 881 Lance Street
Sebastian, F1 32958
33.
Charles P.
& Betty C. Teague
II
882 gilbert
Street
Sebastian,
FL 32958
34.
John & Lenore
Allen
874 Gilbert
Street
sebastian,
F1 32958
35.
Edna B. Robinson
873 Schuman
Drive
Sebastian,
F1 32958
h �
r
36. Gregory A. & Mary D. Shortell
( 885 Schumann Drive
sebastian, FL 32958
37. Florence L. Whitehead
891 Schumann Drive
Sebastian, FL 32958
38. John & Marye Drew
910 Schumann Drive
Sebastian, FL 32958
39. Robert E. & Marjrie L. BaUm
907 Schumann Drive
Sebastian, FL 32958
40. Jay W. & Maria Hart c/o Professional Title
P.O. Box 781780
Sebastian, FL 32978-1780
41. Robert A. Burjoice
919 Schumann Drive
Sebastian, FL 32958
42. Millie M. Marceanic
925 Schumann Drive
Sebastian, FL 32958
43. Edward M. & Myrtle L. Henard
931 Southeast Schumann Drive
Sebastian, FL 32958
44. Robert M. Thopson
k 937 Schumann Drive
Sebastian, FL 32958
45. Anne W. Dewhurst
943 Southeast Schumann Drive
Sebastian, FL 32958
46. Margaret Post
944 Lance Street
Sebastian, FL 32958
47. Helen T. Garrett
3315 Hull Avenue
Bronx, NY 10467
48. Nelson Wieland
932 Southeast Lance Street
Sebastian, FL 32958
h 49. Donald & Delores Strickling
�J 926 Southeast Lance Street
Sebastian, FL 32958
50. Thomas G. & Jndith U. Doyle
2188-A White Pine Circle
( West Palm Beach, FL 33415
51. Milton Jackson Freeburger
941 Southeast Lance Street
Sebastian, FL 32958
(' 52. David H. & LInda S. Shapiro
908 Southeast Lance Street
Sebastian, FL 32958
i
53. Robert & Sheila M. Keroll
902 Lance Street
Sebastian, FL 32958
,iN rAN
54. Virginia E. Struck
' 892 Southeast Lance Street
t Sebastian , FL 32958
p 55. Elizabeth McFadyen
886 Southeast Lance Street
Sebastian, FL 32958
56. Gregory A. & Mary D. Shortell
P.O. Box 780983
Sebastian, FL 32978-0983
/ 57. Denys D. & Joyce D. Clarke
571 East 92nd Street
Brooklyn, NY 11236
n 58. Wong Gee & Yin Bing Ling
149-03 85th Road
Jamaica, NY 11435
59. Joseph c.& Gruce A.Feist
985 Schumann Drive
Sebastian, FL 32958
C 60. John E. & Ada G. Chisholm
979 Southeast Schumann Drive
Sebastian, FL 32958
61. §jema H. Ruiz & Faviola C. Gabellero
43-24 58th Street
Woodside, NY 11377
62. Robert Carl & Marie Therese Curretta
16621 Timberline Drive
i Strlongsville, OH 44136
/ 63. Donald W. & Nancy D. Murray
(d, 961 Schumann Drive
Sebastian, FL 32958
64. Suea K. Smith
955 Schumann Drive
Sebastian, FL 32958
65. Robert L. & Jeanne M. Marshall
32 Agnes Street
Coraopolis, PA 15108
66. Robert A. & Angela B. Sanchez
948 Southeast Canal Circle
Sebastian, FL 32958
67. Robert P. & Mariw E. Hooper
700 Pine Ridge Road
Media, PA 19063
68. Felipe S. JR. & Dolores B. Billote
216 Winslow Court
Naperville, IL 60540
69. John H. & June A. Porter
L 22 Ruthfred Drive
Pittsburgh, PA 15421
70. Talvadis Kisle
Route 1
Sesser, IL 62884
71. Fernando C. & Beatriz F. $alVacion
1303 South Walnut Avenue
Arlington Heights, IL 60005
72.
Jack E. & Jacqueline P.
Featherston
x
2006 Lazy Brook Drive
Austin, TX 78723
Manuel R. & Remedios G.
Domimguez
C73.
�
750 Academy Avenue
Matteson, IL 60443
74.
Henry B. & Veronica E.
Albercht
15 North Coleman Road
Centereach, NY 11720
75.
Fernando M. & Josefina
Gomez Pando
261 West 70th Street
New York, NY 10023
76.
Willam J. Herd
P.O. Box 90075
East Point, GA 30364
77.
Robert A. & Ruth B. Newman
1546 28th Avenue
l�
Vero Beach, FL 32960
78.
Rosario G. Rellosa
lI
49 Fern Lane
Hammonton, NJ 08037
4 79. John & Adeline B. Voth
(J c/o woods; Cynthia Martin
201 Club Street
Sebastian, FL 32958
80. Donald L. & Helen R. Cummings
L 6008 Stern Court
New Bern, NC 28560
81. Willard & Nancy E. Dyckes
RR #5 Box 67
Council Bluff, IA 51501
82. Kermit H.S. & Kathleen A. Ireland
c/o D.J. Holding Company
P.O. Box 504
Grant, FL 32949
83. J. Allen Assing
33 GraWford Drive
Ajax ONT,Canada Lis 3A9
84. Barbara E. Shaw
530 South Mirror Lake Drive
Sebastian, FL 32958
85. Daniel A. & Gloria M. Mc Intyre
l 18 Verlaine Place
Scarborough ONT, Canada MIP 3X3
86. Loreto T. & Zayda U. Barrientos
c/o Charles E. Bingler
998 Beach .Lane
Sebastian, FL 32958
87. Maria -Esther Beltran
2700 North Cuhuenga Bvld East #4212
Los Angeles, CA 90068
88. Cecil R. & AnitaM. ChanPong
9510 Fair Oaks Drive#1307
Dallas, TX75231
es
C 89. James H. Danishek
c/o Manry & Doris Mumford
989 bench Lane
Sebstian, FL 32958
90. Joseph A. & Kuei-MEI Kosak
1013 Gates Place
Warminster, PA 19874
n 91. David & Bertha R. Sperling
Iv_ 6509 Bergenwood Avenue'
North Bergen, NJ 07047
4 92. Ghandi & Cecelia Hissessar
r 146 Beach 61st Street
Rockaway Beach, NY 11692
J 93. Richard E. & Marifrances Rhodes
6362 Pendleton Avenue
Anderson, IN 46011
94. Clay B. & Inez V. Fielding
P.O. Box 453
Sebastian, FL 32958
p 95. Robert L. &-.Mary.E: Latarte
4541 Gratiot Road
Saginaw, MI 48603
96. Larry R. & Barbara B. Young
459 Tinsman Avenue
Willams Port, PA 17701
97. Melworth A. Morris
101-12 32nd Avenue
East ELmhurst, NY 11369
98. URS J. & Susan L. Doerig
105 Larose Avenue Apt. # 614
Weston ONT, CanadaM9P 1A9
99. Harold & Anne F. Lee
c/o Coral Cables Federal Savings & Loan Association
2511 Ponce De leon Blvd.
Coral Gables, FL 33134
G 100 Rene M. Hasbun-Babich
7143 Southwest 103rd3. Ct. Circle
Miami, FL 33133
`j 101. Victoria B. & Theoboro Dehasbun
L'\ 2360 Southwest 3rd Avenue Apt. 3
Miami, F1 33129
1 102. David Di arco
�S 100 99th Street
Sebastian, FL 32958
103. Atha & Swiger Real Estate Inc.'.
P.O. Box 780218
Sebastian, FL 32978-0218
104. Jones Cable TV Fund
Intercanle Inc.
5275 Denver Tech. Center
Englewood, LO 80110
105. John D. Rogers':
P.O. Box 780728
lv Sebastian, FL 32978-0728
106. Aspen-Wispering Palms.Ltd
2757 44th Street Suite 306
Grand Rapida, MI 49509
02
C' 107. John Allen
v P.O. Box 781154
Sebastian, FL 32978-1154
108. Kong T. & Gim Saik Oh
71 Poland Manor
Poland Ohio, 44514