HomeMy WebLinkAbout1998 03 23 - History of all minutes and actions by P&ZCity of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566
March 23, 1998
Mrs. Corinn VanBuskirk
865 Dolores Street
Sebastian, Florida 32958
Dear Mrs. VanBuskirk:
In follow up to Bob Massarelli's letter to you dated February 24, 1998, I have provided the following
information.
Attached you will find a history of all minutes and actions taken by the Planning and Zoning Board and
City Council on Vickers Grove Industrial Subdivision and Vickers Sand Mine.
This information should be helpful in familiarizing you with the history of the sand mining operation and
effective in answering some of the questions you have raised.
Please feel free to contact me if you require any additional information.
Sincerely,
'7
Tracy E. Hass
Planner R
Attachment(s)
cc: Mayor and Council
Mr. Thomas Frame, City Manager
City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566
VICKERS GROVE SUBDIVISION CHRONOLOGY
1/23/87 Planning and Zoning Commission meeting - recommend approval of,Fischer annexation
3/11/87 Ordinance 0-87-10 Fischer annexation - approximately 151.6 acres - lrt reading set - set
public hearing for 4/8/87 - intention to continue mining stated.
4/8/87 Ordinance 0-87-10 Fischer annexation - public hearing and adoption (advertised in error -
no map) - no development plans at this time - Attorney stated all laws applicable to certain
zoning apply upon annexation.
4/22/87 Ordinance 0-87-10 - Fischer annexation - another V reading - past ad was in error - set
public hearing for 5/27/87.
5/13/87 Resolution R-87-19 - Fischer sandmining public hearing and adoption - action tabled for
status on SJRWMD permits.
5/27/87 Resolution R-87-19 - Fischer sandmining public hearing and adoption - verbal approval
given to Randy Mosby by SJRWMD.
6/10/87 Ordinance 0-87-10 Fischer annexation - Attorney advised legal description error - 30 foot
parcel left out -request place on 6/24/87 agenda.
6/24/87 Ordinance 0-87-10 Fischer annexation - 1" reading - set public hearing for 8/12/87 -
approximately 150.64 acres.
8/12/87 Ordinance 0-87-10 Fischer annexation - public hearing and adoption - approximately
150.654 acres.
1/21/88 Planning and Zoning Commission review of Vickers sandmining - recommend approval to
City Council.
2/3/88 Vickers sandmine special use permit application - set public hearing for 3/9/88 -
contingent upon receipt of state permits.
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3/9/88 Resolution R-88-19 Vickers sandmining special use permit public hearing conducted -
motion to approve failed for lack of second - carried to 3/23/88.
3/23/88 Resolution R-88-19 Vickers sandmining special use permit adopted.
6/22/88 Discussion of sandmining complying with county ordinance - motion to direct City
Attorney to research - would like new ordinance to regulate R-88-19.
7/13/88 Attorney matters - Collins opinion county ordinance not regulate Sebastian - still
researching whether new ordinance would affect current sandmine operation (R-88-19).
7/21/88 Planning and Zoning Commission - review Fischer Industrial Subdivision.
7/27/88 Attorney directed to redraft sandmining ordinance.
8/18/88 Planning and Zoning Commission - Vickers review preliminary plat - recommend approval
to City Council.
9/21/88 Ordinance )-88-27 proposed sandmining regulations - review - lengthy discussion included
current sandmining operation (R-88-19).
9/29/88 Planning and Zoning Commission public hearing on Vickers CLUP amendment and
rezoning - recommend approval to City Council.
10/5/88 Ordinance 0-88-27 (2°d draft) review and set 1" reading for 11/30/88.
11/2/88 Ordinance 0-88-27 (3d draft) 1" reading - set public hearing for 11/30/88.
11/30/88 Ordinance 0-88-30 Vickers land use plan amendment - approximately 35 acres - 1"
reading and public hearing - transmit to DCA.
Ordinance 0-88-31 Vickers rezoning - approximately 35 acres - I' reading.
Ordinance )-88-27 Sandmining ordinance adopted.
7/12/89 Ordinance 0-88-30 Vickers land use amendment - approximately 35 acres - public hearing
and adoption.
Ordinance 0-88-31 Vickers rezoning - approximately 35 acres - public hearing and
adoption.
7/26/89 Resolution R-89-44 Vickers Subdivision preliminary plat - approximately 30.53 acres -
action postponed - legal description to be corrected.
9/13/89 Resolution R-89-44 Vickers Subdivision preliminary plat - 2d
9/21/89 Planning and Zoning Commission - Review Phase III Sandmining - recommend approval
to City Council.
12/13/89 Ordinance 0-89-30 - Fischer land use plan amendment - 116.55 acres - 1" reading
Ordinance 0-89-31 - Fischer rezoning - 1" reading.
1/24/90 Ordinance 0-89-30 - Fischer land use plan amendment - public hearing - transmit to DCA.
4/25/90 Vickers III sandmining special use permit - Attorney directed to draft resolution.
5/23/90 Resolution R-90-19 - Vickers III sandmining phase III public hearing adopted
w/conditions - approximately 16.38 acres - expires 5/22/91.
8/1/90 Ordinance 0-89-30 - Fischer land use plan amendment - approximately 116.55 acres
Ordinance 0-89-31 - Fischer rezoning - approximately 116.55 acres review prior council
action on ordinances and set public hearings for 9/21/90.
9/12/90 Ordinance 0-89-30 Fischer land use plan amendment public hearing - approximately
116.55 acres - adopted - Ordinance 0-89-31 Fischer rezoning - approximately 116.55
acres - adopted.
12/20/90 Planning and Zoning Commission review of Vickers preliminary plat - recommend
approval'to City Council.
5/8/91 Vickers Grove preliminary subdivision plat - Attorney to draft resolution with conditions.
6/12/91 Resolution R-91-18 Vickers Grove preliminary plat- 117 acres adopted.
2/23/94 Schedule public hearing for Vickers Grove Sandmining Special Use Permit - request to
expand existing Sandmine and modify preliminary plat - public hearing scheduled for
3/16/94.
3/16/94 Sandmining approved - preliminary subdivision modification postponed to 4/20/94 - City
Attorney to draft resolution to issue sandmining special use permit.
4/20/94 Hearing on major modification to preliminary plat - continued to May 18, 1994 special
meeting.
5/18/94 Tentatively approved with conditions - will come back in form of resolution.
7/6/94 Resolution R-94-25 - attorney to work with Dill on minor amendment to land development
code - bring back resolution to Council.
2/8/95 Resolution R-95-06 - Vickers Grove Subdivision preliminary plat - adopted sandmining
final approval still pending.
2/22/95 Resolution R-95-07 - Vickers Grove Sandmining special use permit - adopted - City
Council consensus to draft new resolution to amend expiration date of R-95-06.
3/8/95 Resolution R-95-16 - Vickers Grove preliminary plat - amending commencement date -
adopted.
10/9/96 Approve eighteen month preliminary plat extension for Vickers Grove Subdivision to
expire April 9, 1998 - 10/9/96 agenda - adopted.
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2/19/97 Conduct Quasi -Judicial Public Hearing on Sandmining special use permit application for
Vickers Grove Subdivision Phase III - consider adoption of Resolution No. R-97-08 -
adopted as amended - conduct quasi-judicial public hearing on preliminary plat for Vickers
Grove Industrial Subdivision - consider adoption of Resolution No. R-97-10 - adopted as
amended.
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City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 ❑ FAX (561) 589-2566
Vickers Grove Subdivision History
1/23/86 Planning and Zoning Commission meeting - recommend approval of Fischer
annexation.
Dr. Henry Fischer was in attendance and presented the commission with tentative
site plans to correlate with the annexation.
Dr. Fischer stated that he would like to get the Planning and Zoning Commission's
feelings on the proposed zonings before he begins the annexation process.
Dr. Fischer stated that the main entrance to this property will be off of Vickers
road and it will not interfere with the traffic patterns within the city of Sebastian.
Dr. Fischer explained that he would like a second exit for emergency purposes
along the railroad track and would feed into Schuman Drive.
Dr. Fischer explained that along the residential area in the Sebastian Highlands, he
would like to have a thirty (30) foot buffer which will have trees and grass with
picnic tables and would like to deed this park to the people.
Dr. Fischer stated that the total amount of industrial area will be approximately
thirty-one (3 1) acres.
Total acreage is one hundred and fifty (150) acres, most of which will be a rental
trailer park. The lots will not be sold, which will give the city more tax base.
Dr. Fischer stated that he would like to have this parcel of land zoned
industrial/commercial PUD, with an additional section for Mobile Home PUD. Dr.
Fischer also stated that he believes the land is now zoned industrial through the
county.
Dr. Fischer stated that someone in the county could come in and make this
property high use industrial at this time.
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The commission did not state any objections to the proposals give by Dr. Fischer.
Motion by Mr. Thompson, seconded by Mr. Wadsworth, to send a letter to the
Mayor and City Council recommending that the request for annexation be
approved.
3/11/97 Attorney Palmer read, for the first time, by title only, the following ordinance:
A. First Reading, set public hearing - an ordinance annexing three parcels of land:
Parcel A located in the NW '/s of Section 20, Township 31 South, Range 39
East and Parcel B parts one and two being the Southeast quarter and the
Southwest quarter of the South-West quarter and other lands in Section 17,
Township 31 South, Range 39 East and part three thereof in Section 20,
Township 31 South, Range 39 East and parcel C parts one and two being the
N.W. '/a of the N.W. '/4 of the S.W. '/4, and other lands in Section 17,
Township 31 South, Range 39 East, all such property being West of the
Florida East Coast Railroad right of way and West of Whispering Palms
Mobile Village and consisting of 151.6 acres, more or less; providing an
effective date.
Motion by Roth/Vallone
I move we accept the first reading, as read by the City Attorney, by title,
and set for Public Hearing on the April 8, 1987, Regular City Council
Meeting.
Jim Gallagher, Sebastian General Partnership, B.F.T., said it was their intention to
continue to mine the property.
Roll Coll on the motion carried unanimously. (5-0)
4/8/87 Attorney Palmer read Ordinance No. 0-87-10, by title only. (I' reading 3/11/87,
advertised 3/16, 3/23, 3/30, 4/6/87, public hearing 4/8/87).
Mayor Hams opened the public hearing at 7:10 p.m. and called for public input.
There being no public input, Mayor Hams closed the public hearing at 7:11 p.m
Motion by Metcalf/Vallone
I move we postpone final action on Ordinance No. 0-87-10 until the next
regular meeting.
Councilman Metcalf recommended taking final action on public hearing matters at
the next regular meeting after public hearing.
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Discussion took place on bond requirments for sandmining. Attorney Palmer said
all laws applicable to a specific zoning apply up annexation of any property. Jim
Gallagher, Sebastian General Partnership, B.F.T., said they intend to abide by all
city laws.
Jim Gallagher, Sebastian General Partnership, B.F.T., said there were no
development plans at this time.
Roll Call on the motion failed. (2-3) Roth, McCarthy, Harris - Nay.
Motion by McCarthy/Roth
I move we adopt Ordinance No. 0-87-10, as read by the City Attorney, by
title only.
Roll Call on the motion carried (3-2) Metcalf, Vallone - Nay.
4/22/87 Attorney Palmer read Ordinance No. 0-87-10, by title only.
Attorney Palmer explained that this Ordinance had to be readvertised and set for
Public Hearing again since it was not advertised with a map previously.
Motion by McCarthy/Roth
I move we accept the first reading of Ordinance No. 0-87-10, and set it for
public hearing on May 27, 1987.
Roll Call on the motion carried (4-1) Vallone Nay.
5/13/87 Resolution No. R-87-19.
A resolution of the City of Sebastian, Florida, granting to Henry Fischer & Sons,
Inc., a special use permit for a sand mine (lake construction) pursuant to Sections
20A-5.19 (B) and Section 20A-2.6, Land Development Code; providing an
effective date. (1" read 4/8/87, advertised 5/1/87, public hearing 5/13/87.
Attorney Palmer read resolution No. R-87-19, by title only.
Mayor Harris opened the public hearing at 7:15 p.m.
There being no input from the public, Mayor Harris closed the public hearing at
7:16 p.m.
A letter had been received and presented to Council form St. Johns River Water
Management District regarding permits which may be required.
Motion by Metcalf/Vallone
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I move we table action on Resolution No. R-87-19 until we find out what
the permit status is as stated in the letter from St. John's River Water
Management.
Roll Call on the motion carried (3-2) (Nay - McCarthy, Hams).
5/27/87 A resolution of the City of Sebastian, Florida, granting to Henry Fischer & Sons,
Inc., a special use permit for a sand mine (lake construction) pursuant to Sections
20A-5.19 (B) and Section 20A-2.6, Land Development Code; providing an
effective date. (1" read 4/8/87, advertised 5/1/87, public hearing 5/13/87.
Attorney Palmer read Resolution R-87-19 by title only
Dr. Henry Fischer read a letter from Randy Mosby to Mayor Harris dated May 27,
1987
The City Clerk reminded Council that this item must be taken off the table by
motion.
Motion by Roth/McCarthy
I move we take Resolution No. R-87-19 off the table for action.
Roll call on the motion carried unanimously. (5-0).
Motion by McCarthy/Roth
I move we adopt Resolution No. R-87-19, as read by the City Attorney by
title only.
Councilman Metcalf recommended that Council wait for a letter from Eddie Carr
stating that no permits are required from St. John's River Water Management
District.
It was general consensus of the rest of Council that Randy Mosby of Mosby and
Associates was putting his reputation on the line by saying he had received verbal
confirmation from Mr. Carr.
Roll Call on the motion carried unanimously. (5-0)
6/10/87 Ordinance No. 0-87-10, annexation of Fischer property was discussed. Attorney
Palmer stated that a thirty foot parcel included in the annexation Ordinance was in
error.
Vice Mayor Roth requested a letter addressed to the City Council to this effect
from Attorney Palmer and that it be placed on the June 24, 1987 agenda.
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Attorney Palmer said that the Ordinance has since been rewritten with the correct
legal description and a public hearing was not necessary unless the City Council
wants to have one.
Councilman Metcalf recommended holding a public hearing on the ordinance
again.
Mayor Harris said the thirty feet in error was not contiguous to the City and
creates an enclave. He said he had gone over it with Attorney Palmer and Jim
Gallagher and discovered the thirty feet was not to have been included in the
Ordinance.
Jim Gallagher said the thirty feet was merely an access road into the sand pit and if
the City Council wishes to leave it they may do so.
6/24/87 An Ordinance annexing three parcels of land: Parcel A being part of the Northeast
quarter of Section 20, Township 31 South, Range 39 East, and Parcel B parts one
and two being the Southwest quarter of the Southwest quarter and the Southeast
quarter of the Southwest quarter of the Northwest quarter and other adjacent lands
all in Section 17, Township 31 South, Range 39 East; and parcel C parts one and
two being the Northwest one quarter of the Northwest one quarter of the
Southwest one quarter and the South one half of the Northwest one quarter of the
Northwest one quarter of the Southwest one quarter, all of parcel C being in
Section 17, Township 31 South, Range 39 East; all such property being West of
the Florida East Coast Railroad right of way and West of Whispering Palms
Mobile Village and consisting of 150.654 acres, more or less; providing an
effective date. (1" reading 3/11, advertised 3/16, 3/23, 3/30, 4/6, public hearing
4/8,2 nd 1" reading 4/22, advertised 4/29, 5/6, 5/13, 5/20, public hearing 5/27.
Attorney Palmer read Ordinance No. 0-87-10 by title only.
Motion by Roth/McCarthy
I move we accept the first reading of Ordinance No. 0-87-10 and set it for
public hearing on August 12, 1987.
Councilman Metcalf questioned the acreage of the proposed annexation. He said
according to the legal description the property adds up to 145.334 acres.
Attorney Palmer said he took the legal description from the deeds presented to the
City with the request for annexation from the applicant and that the County
Property Appraiser will appraise the property when it comes into the City and it is
not up to the City to second guess the applicant.
Councilman Metcalf said this organization has a history of wanting the City to take
very large annexations with very little information.
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Jim Gallagher, Executive Director for Sebastian General Partnership, B.F.T., said
for the record that this was one of the most difficult annexations he had ever seen.
He said he takes exception to remarks by Councilman Metcalf regarding the
organization he referred to, assuming Councilman Metcalf meant the Company
Mr. Gallagher works for, and said the company follows the guidelines set by the
City when applying for an annexation. He said he hoped Councilman Metcalf and
Councilman Vallone understood that Sebastian General Partnership, B.F.T.'s
motives were for the good of the City.
Roll Call on the motion passed unanimously (5-0).
Vice Mayor Roth questioned if the wording "150.654 acres more or less" in the
title of the Ordinance was legal. Attorney Palmer said it was legal.
8/12/87 Attorney Palmer read Ordinance No. 0-87-10 by title only.
Mayor Harris opened the public hearing at 7:10 p.m.
Dave Rogers, an adjacent property owner, questioned the legal description. When
assured the annexation did not include his property, he said he had no problem
with the annexation.
Mayor Harris closed the public hearing at 7:14 p.m.
Motion by Roth/McCarthy
I move we adopt Ordinance No. 0-87-10 as read by the City Attorney by
title only.
Councilman Vallone said he would not support the motion since the annexation
was of no use to the City.
Councilman Metcalf expressed concern for the annexed area being on the Atlantic
Ridge and lack of information as to what the property would be used for.
Mayor Harris said that should be looked into a time of rezoning application.
Vice Mayor Roth said no one in the City has objected at three public hearings
except the two Council members. He said when the property is developed it will
bring taxes into the City. He then called for the question.
Motion carried (3-2) (Nay, Metcalf, Vallone).
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1/21/88 Randy Mosby represents project. Randy goes over all Bill Messersmiths
comments at the request of Mr. Mahoney. Mr. Messersmith says they have met all
his requirements.
After much discussion and all questions being answered, Mrs. Poole made a
motion to approve the site plan for the Vickers Sand Mine contingent to all
necessary permits being received and signs being posted for no trespassing.
Seconded by Mrs. Taylor, passed unanimously.
2/3/88 Request for Special Use Permit - Vicker's Sandmine - Recommendation from
Planning and Zoning.
Randy Mosby, Mosby and Associates, addressed Council regarding the request.
Motion by McCarthy/Roth
T move we approve the request for Special Use Permit for Vicker's
Sandmine contingent upon receipt of state permits, and set it for public
hearing on March 9,1988.
Voice Vote on the motion carried 4-1. (Vallone - Nay).
3/9/88 Resolution No. R-88-19.
A Resolution of the City of Sebastian, Florida, granting to Sebastian General
Partnership, B.F.T., a special use permit for a sand mine (lake construction)
pursuant to sections 20A-5.19 (B) and 20A-2.6, Land Development Code;
providing an effective date. (1" Council agenda 2/31/88, advertised 3/3/88, public
hearing 3/9/88).
Attorney Palmer read Resolution No. R-88-19 by title only
Mayor Harris opened the public hearing at 7:10 p.m.
Henry A. Fischer, Fischer & Sons, Inc., applicant for the special use permit for
sandmining, stated his reasons for the request and urge Council to approve it. He
presented Council with a packet of information regarding the request.
Randy Mosby, Mosby and Associates, engineer for the sandmining project,
introduced Tim Wheatley, a hydrologist on the project to answer any questions
Council had on the environmental impact of the project.
Eric Pollard, Breezy Village, Inc., urged Council to deny the request for a special
use permit based on Fischer & Sons, Inc., past performance at a sandmining
operation South of Breezy Village. He presented Council with photographs of
that project.
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Bruce Cooper, Building Official, said Fischer & Sons had gone within the fifty foot
Setback at Sand Lake south of Breezy Village and since this project had begun
before he was in Sebastian his investigation was ongoing.
Henry Fischer said his trucks are monitored monthly by D.O.T. He said that when
this property was annexed the city required him to remove the berm and he would
require a letter from adjacent property owners to do so.
Randy Mosby said he was not aware that the Sand Lake project was in violation of
St. John's Water Management District. He said that the project had nothing to do
with this project being requested.
Bruce Bunnell, Breezy Village, said he was concerned about the project engineer's
remark regarding little chance of saltwater intrusion. He said, there should be no
chance. * He requested that Fischer & Sons request be denied based on past
performance.
Fred Mensing urged Council to approve the request. He said he found it difficult
to hear that Henry Fischer is not responsive to the needs of the people of
Sebastian.
Henry Fischer said Fischer & Sons, Inc., has received no complaints from the
public regarding previous projects.
Richard Buchanan, resident in area of Sand Lake, said Fischer's trucks are
overloaded.
Richard Votapka said the proposed County ordinance on sandmining limits
excavation to 25' elevation. He said the City should cooperate with the County
until they reach a decision on the Ordinance. He said the City Manager and
Council should look at revising the City ordinance to prevent annexations for the
purpose of excavation.
Jim Wheatley, Garrett & Miller, said he has studied the effects of mining on water
levels. He said no impact on groundwater was found. He said an increase in
storage in the aquifer would occur. He said with the wet mining method that
would be implemented, no salt intrusion would occur.
Randy Mosby said the County ordinance had no bearing on the type of mine being
requested.
When questioned by Councilman Metcalf, Mr. Wheatley said he'd had no local
experience on sandmining on the Atlantic Ridge, but had experience at Lost Tree
Village on General Development Corporation well work.
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Ms. Lu, St. John's Water Management District, said the project is still under
review and that there were some District concerns regarding the long term impact
on groundwater. She said the 25' elevation was determined after studies in the
Wabasso area showed long term damage.
Jim Wheatley said this is no longer a consumptive use request.
Ms. Lu said anyone having concerns regarding this project could contact Dwight
Jenkins, 213 Wilkins Road, Melbourne, Florida 32935 at 305-894-5423.
Councilman Metcalf asked if it was possible to invite the gentleman from St.
John's to the March 23, 1988 meeting to discuss this further.
Randy Mosby said no expert can dispute Jim Wheatley's testimony
Arthur Lemire suggested the Council get a second opinion regarding effects on
groundwater.
Sam Ramano, resident of Breezy Village, said he had called Henry Fischer
concerning conditions of the road, noise and sharp embankments and had no
response. He said Henry Fischer, Jr. Then contacted him and said roads would be
paved mid-February.
Henry Fischer Jr., said the road was currently under construction.
Councilman Metcalf noted that Council had received a letter form Indian River
County Commissioners who stated they would like to review all requests for
sandmining which will utilize County roads.
Randy Mosby said this requested project's design was different than the design for
Sand Lake.
Mayor Harris closed the Public Hearing at 8:20 p.m.
Councilman McCarthy said he had some concerns regarding the water quality but
that the mining operation industry was needed for employment in the city.
Motion by McCarthy
I move we adopt Resolution No. R-88-19 as read by the City Attorney by
title only.
Motion died for lack of a second.
This item was automatically carried to the March 23, 1988 Regular Meeting.
W
3/23/88 Resolution No. R-88-19 (Carred over from public hearing on 3/9/88.
Councilman Vallone questioned whether parliamentary procedure was followed by
this item being automatically carried over to this meeting after a motion to approve
died for lack of a second at the March 9, 1988 meeting.
Attorney Palmer said the item was back on the agenda because the City Clerk was
instructed to do so by the Mayor and no one overruled his request.
Randy Mosby, Mosby & Associates, recommended approval for the request.
Motion by Roth/McCarthy
I move we adopt Resolution No. R-88-19 as read by title only at he March
9, 1988 regular meeting.
Motion by MetcalfNallone
I move we lay Resolution No. R-88-19 on the table.
Roll Call on motion to table failed (2-3) Nay - Roth, McCarthy, Hams
James Fraezie, Hydrologist, St. John's River Water Management District, said the
application case number 4-061-0088AM Vicker Sandmine is on hold for additional
information and review. He said no earth would be moved until St. John's permits
are issued.
Motion to adopt carried (3-2). Nay - Metcalf, Vallone
6/22/88 Indian River County Sandmining Ordinance - Councilman Metcalf - carried over
from 6/1/88.
Councilman Metcalf said this agenda item was a result of his request that the City
Manager question the City Attorney as to how the City can comply with the
recently adopted Indian River County sandmining Ordinance No. 88-21.
Councilman Metcalf recommended stricter guidelines than are in the city's current
code on sandmining.
Motion by Metcalf/Vallone
I move we refer consideration of the Indian River County Sandmining
Ordinance No. 88-21 to the City Attorney to report back to Council on the
best means to bring the City Sandmining ordinance in line with the County
Sandmining Ordinance, research whether the County ordinance has full
force effect within the city boundaries, and if we adopt a new ordinance
would it regulate the sandmining operations being conducted pursuant to
Resolution No. R-88-19.
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Mayor Votapka placed discussion of this item under the July 6, 1988 agenda item
"Agenda items for proposed meeting with County Commission".
The City Manager said he had requested Councilman Metcalf to place this item on
the agenda since it is appropriate to request a written opinion of the City Attorney
as a legislative action of the City Council.
Motion carried unanimously (5-0).
7/13/88 Attorney Nash reiterated that the opinion of County Attorney Collins was that the
County Sandmining ordinance does not directly regulate sandmining operations in
the City of Sebastian. He said they were still researching the issue as to whether
this City does decide to pass an ordinance with similar regulations would it affect a
special Use Permit granted by resolution earlier this year.
Councilman Metcalf said he intended to submit a revised sandmining ordinance.
7/21/88 Randy Mosby and Dr. Fischer represent Fischer Industrial Subdivision.
Mr. Cooper speaks before the applicants regarding changing the zoning of the
property.
Zoning on property is still with the county and according to the city attorney,
leaving it as such, would require going by the county subdivision ordinance.
Randy indicates that a waiver can be attained from the county to allow the city to
review and approve under city regulations and not county.
Tommie Thompson speaks and states he remembers a letter from the county
regarding the ordinance and states the county doesn't want to be involved.
After much discussion regarding these items, a motion to postpone to the next
meeting was made by Mr. Wadsworth, seconded by Mrs. Poole, passed six to one
with Mr. Krulikowski voting nay.
7/27/88 Proposed draft of sandmining ordinance.
Councilman Metcalf had presented to Council, in their agenda packets, a draft of a
proposed sandmining ordinance. He requested the City Attorney review the draft
and report back to Council.
Motion by Metcalf/Vallone
I move Council forward a draft of the proposed ordinance with respect to
sandmining and excavation to the City Attorney for review and redraft.
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Mayor Votapka said he would submit a copy of the proposed ordinance with
corrections had made to the City Attorney. Attorney Nash said he would welcome
the input.
This item was scheduled for the September 7, 1988 workshop.
Voice vote on the motion carried.
8/18/88 Planning and Zoning Commission Vickers review preliminary plat - recommend
approval to City Council.
9/21/88 Ordinance No. 0-88-27
An ordinance of the City of Sebastian, Indian River County, Florida, repealing
Section 20A-5.19, Sand Mining: Special User Permit required, of the land
development code; creating a new Section 20A-5.19, excavation and fill, purpose:
creating'a new Section 20A-5.20, definitions; creating a new Section 20A-5.21,
prohibited activity with regard to excavating, filling or mining real property;
creating a new Section 20A-5.22 providing exemptions from permitting
requirements related to excavating, filling, or mining real property; preserving
Sections 20A-5.23 through 20A-5.27 for future use; creating a new section 20A-
5.29, water management standards; creating a new section 20A-5.30,
promulgating mining permit regulations; reserving Sections 20A-5.31 through
20A-5.34 for future use; creating a new section 20A-5.35 regarding the use of
filling, or mining of real property; creating a new 20A-5.36, promulgating
standards for the duration and completion of permits; creating a new Section 20A-
5.37, providing a procedure for inspection and revocation of permits; reserving
sections 20A-5.38 through 20A-5.42 for future use, creating a new section 20A-
5.43, providing for mining permit fees; creating a new section 20A-5.44, providing
a procedure for appeals; creating a new section 20A-5.45, establishing violations
and penalties; providing for repeal of ordinances or parts of ordinances in conflict
herewith; providing for codification; providing for severability; providing an
effective date.
Mayor Votapka said that this agenda item was a result of lack of time for review
for the September 7, 1988 workshop meeting. Councilman Metcalf said this
ordinance was a team effort of the county sandmining ordinance, the Mayor's
amendments to it, and Attorney Nash's input which are in line with 163 Florida
Statutes.
Motion by McCarthy
I move we adopt the Indian River County sandmining ordinance as
amended.
Motion died for lack of second.
12
Discussion took place on the inclusion of fill in the city ordinance that does not
appear in the county ordinance.
Attorney Nash said the ordinance as presented was a result of the version of the
county ordinance presented by Councilman Metcalf with changes made in
accordance with the Mayor's comments and the othercorresponding sections
contained in the Code of Ordinances relating to this type of Ordinance.
Discussion took place on page 10, Section 20A -5.30C(4), conditions of mining
permit.
Councilman McCarthy questioned the City Attorney that if Council adopts this
ordinance, elevation footage is limited and a hardship is placed on the owner of a
current sandmine operation would the City be responsible for reimbursement to
him for monetary losses. The City Attorney said he had no answer this evening
but that"it was his understanding that there is no current permittee existing under
the current Sebastian sandmining ordinance, since the permit recently annexed land
into the city that had never been rezoned was still under the auspices of the county
land use regulations until such time as the property is rezoned.
After discussion took place on page 10, Section 20A -5.30C(4), Conditions of
Mining Permit, advice from the City Attorney was given regarding this matter, and
concurrence of the Building Official, it was amended as a result of a unanimous
consensus poll to read as Indian River County Ordinance No. 88-21 read in its
section (6)c(4).
Mayor Votapka instructed the Building Official and City Attorney to look into
language on small ponds which is currently in the county sandmining ordinance.
The City Attorney said he felt that this item would come under Section 20A-5.22
(f). The Building Official said he felt it would be advisable to be more specific.
The Building Official said Type A screening verbiage needs to be added.
After some discussion on the matter, the Building Official was instructed to
contact the County Official responsible and inquire why the single family fill permit
provision and other provisions regarding fill permits were taken out of the adopted
County ordinance.
Mayor Votapka instructed Attorney Nash to check into the difference in the city
(page 8, item (e) one foot vertical to four feet horizontal) and county ordinances
(one foot vertical to four foot horizontal) regarding the slope of the littoral zone.
He also said that in the same section, square footage should read fifteen feet
instead of eighteen.
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Jim Gallagher said Bob Keating was the County official whom the Building Official
should contact.
Mayor Harris instructed the Building Official to contact Mr. Keating in writing and
further discussion of Ordinance No. 0-88-27 was scheduled for the October 5,
1988 workshop.
9/29/88 Public hearing on Vickers Industrial Subdivision - Jim Gallagher represents the
project.
Public hearing opened at 4:02 p.m. for the land use change.
Mr. Metcalf speaks regarding the last paragraph of Mr. Cooper's letter to the
commission on this project. Mr. Cooper's letter stated DCA approval was
necessary. Mr. Metcalf stated he felt a DRI was required on this project.
Mr. Gilcher asks for a clarification on the legal description to be sure what is
actually being considered. Bruce describes why the rezoning will be all industrial
rather than the three zonings represented on the application.
Mrs. Taylor, Mr. Mahoney, and Mr. Wadsworth had no questions.
Mr. Fullerton asks Mr. Metcalf why he feels DRI approval is needed. Bruce
clarifies the last paragraph of his letter mentioned DCA approval and Mr. Metcalf
states he misread the letter and thought DRI was required not DCA.
Mrs. Kilkelly states the legal description should be clarified.
Attorney Kruzcamp states that the meets and bounds advertisement was
permissible in this case. However, the legal description would have to be correct
on the actual rezoning ordinance.
The public hearing closed at 4:23 p.m.
Mr. Wadsworth made a motion to recommend to city council that the land use
change to industrial for Vickers Industrial Subdivision be approved. Mrs. Taylor
seconded, passed unanimously.
9/29/88 Public hearing on the zoning change opened at 4:24 p.m. for the Vickers Industrial
Subdivision. No public or board comments.
Public hearing closed at 4:25 p.m.
14
Motion to recommend to city council that the zoning change for Vickers Industrial
Subdivision to Industrial be approved by Mr. Wadsworth, seconded by Mrs.
Taylor, passed unanimously.
10/5/88 Discussion - Ordinance No. 0-88-27 - 2nd draft - Sandmining.
During a brief discussion on the ordinance, the following changes were made to
the revised second draft: (1) Page 4, item 0), the words "filled" and "fill" were
deleted; (2) Page 6, item (1)(8) was deleted in entirety; (3) Page 6, item (1)(4)
"pond depth" was changed to "average water depth in the pond"; Page 10, (4) the
word "seal" was changed to "sea"; Page 14 (a) the words "application" were
changed to "applicant".
Henry Fischer said for the record that the twelve foot pond depth and twenty five
foot mining elevation were arbitrary figures. He said the depth below sea level
before salt water intrusion occurred during wet mining would have to be 540 feet
and that the Sand Ridge is not the primary recharge area for the shallow aquifer.
First reading for Ordinance No. 0-88-27 as amended was scheduled for October
26, 1988.
Councilman McCarthy questioned whether the city was discriminating by being
too stringent on the city's own sandmining operations where hauling requirements
are concerned and not requiring the same for outside haulers.
The Assistant City Attorney responded that load weight limits may be imposed by
the city and enforced by the Police Department and that certain State Statutes
cover hauling requirements. He suggested that the city staff wait until it hires a
City Engineer to set load limits.
11/2/88 Ordinance No. 0-88-27 - Sandmining (3`d Draft)
Attorney Nash read Ordinance No. 0-88-27 for the first time by title only.
Motion by Vallone/Metcalf
I move we accept the first reading of Ordinance No. 0-88-27 and set it for
public hearing on November 30, 1988.
Motion carried unanimously.
11/30/88 First Reading, Public Hearing, Transmit to DCA - Ordinance No. 0-88-30 -
Vickers Comprehensive Land Use Amendment.
An ordinance of the City of Sebastian, Indian River County, Florida,
pertaining to a change in the comprehensive land use plan; amending the
comprehensive land use plan map from Indian River County IL district to
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City IN (industrial) district for land located in the Southeast section of the
City, approximately 35 acres more or less located on the West side of the
Florida East Coast Railway right-of-way; providing for repeal of
ordinances or parts of ordinances in conflict herewith; providing for
severability; providing an effective date.
Attorney Nash read Ordinance No. 0-88-30 for the first time by title only.
Mayor Votapka opened the public hearing at 7:20 p.m.
The Director of Community Development presented a location map of the
previously annexed subject area and remarked that the applicant has concurred to
provide an additional twenty foot right-of-way for Concord Avenue for a full sixty
feet and a fifty foot buffer.
Attorney Steven Lulich, representing the applicant, requested that the applicant not
be denied an amendment to the comprehensive land use plan and rezoning due to
moneys expended by the applicant since the time of annexation approval. He cited
the cases of City of Hollywood vs. Hollywood Beach Hotel and City of Gainesville
vs. Bishop.
Victor Williams, 358 (inaudible), questioned possible truck traffic on Concord,
buffer area, and permitted industrial use for IN zoning.
Robert Fullerton stated that the owners of the adjacent mobile park, Whispering
Palms, had no objections to the land use change and rezoning.
Mayor Votapka closed the public hearing at 7:35 p.m.
Motion by Roth/McCarthy
I move we accept Ordinance No. 0-88-30 on first reading and transmit it
to the Department of Community Affairs.
Motion carried unanimously (5-0).
First Reading - Ordinance No. 0-88-31 - Vickers Rezoning
An ordinance of the City of Sebastian, Indian River County, Florida,
pertaining to rezoning certain property in the Southeast section of the City,
approximately 35 acres more or less located on the West side of he Florida
East Coast Railway right-of-way; from County zoning Districts MXD to
City zoning district IN (industrial); providing for repeal of ordinances of
parts of ordinances in conflict herewith; providing for severability; providing
an effective date.
16
Attorney Nash read Ordinance No. 0-88-31 for the first time by title only.
Motion by McCarthy/Metcalf
I move we accept the first reading of Ordinance No. 0-88-31.
Motion carried unanimously (5-0).
Public Hearing, Final Action
Ordinance No. 0-88-27 - (Sandmining)
An ordinance of the City of Sebastian, Indian River County, Florida,
repealing Section 20A-5.19, sand mining: special use permit required, of
land development code; creating a new section 20A-5.19, excavation and
mining, purpose: creating a new section 20A-5.20, definitions; creating a
riew section 20A-5.21, prohibited activity with regard to excavating or
mining real property; creating a new section 20A-5.22; providing
exemptions from permitting requirements related to excavating or mining
real property; reserving sections 20A-5.23 through 20A-5.28 for future
use; creating an new section 20A-5.29, water management standards;
creating a new section 20A-5.30, promulgating mining permit regulations;
reserving sections 20A-5.31 through 20A-5.34 for future use; creating a
new section 20A-5.35 regarding the use of public and private roads in
conjunction with excavating or mining of real property; creating a new
section 20A-5.36, promulgating standards for the duration and completion
of permits; creating a new section 20A-5.37, providing a procedure for
inspection and revocation of permits; reserving sections 20A-5.38 through
20A-5.42 for future use, creating a new section 20A-5.43, providing for
mining permit fees; creating a new section 20A-5.44, providing for a
procedure for appeals; creating a new section 20A-5.45, establishing
violations penalties; providing for repeal of ordinances or parts of
ordinances in conflict herewith; providing for codification; providing for
severability; and providing an effective date.
Attorney Nash read Ordinance No. 0-88-27 by title only.
Mayor Votapka opened the public hearing at 10:50 p.m. however, there being no
input from the public, he closed the public hearing at 10:51 p.m.
Motion by Metcalf/Vallone
I move we adopt Ordinance No. 0-88-27 as read by the City Attorney by
title only.
Motion carred 4-1 - McCarthy - nay
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7/12/89 Ordinance No. 0-88-30 - Vickers CLUP Amendment
Attorney Nash read Ordinance No. 0-88-30, for the second time, by title only.
Mayor Votapka opened the public hearing at 7:50 p.m.
The Director of Community Development gave a presentation on the request,
recommend approval and discussion took place on adverse comments by DER.
Mayor Votapka closed the public hearing at 7:55 p.m.
Motion by McCarthy/Oberbeck
I move we adopt Ordinance No. 0-88-30 as read by the City Attorney by
title only.
Motion carried unanimously (5-0).
Ordinance No. 0-88-31 -Vickers Rezoning
Attorney Nash read Ordinance No 0-88-31, for the second time, by title only.
Mayor Votapka opened the public hearing at 7:56 p.m.
The Director of Community Development gave no further comment on the
request.
Mayor Votapka closed the public hearing at 7:58 p.m.
Motion by McCarthy/Rondeau
I move we adopt Ordinance No. 0-88-31 as read by the City Attorney by
title only.
Motion carried unanimously (5-0).
7/26/89 Resolution No. R-8944 - Vickers Subdivision Preliminary Plat Approval (Staff
recommendation dated 7/20/89, P&Z minutes dated 8/18/88)
A resolution of the City of Sebastian, Indian River County, Florida,
pertaining to a preliminary subdivision plat; approving a preliminary
subdivision plat for an industrial subdivision occupying a tract of land
approximately 30.53 acres in size, located in sections 17 and 20, Township
31 South, Range 39 East, City of Sebastian, Indian River County, Florida;
providing for a waiver of certain requirements of the land development
code of the City of Sebastian; providing for the imposition of conditions for
the approval of the preliminary subdivision plat; prescribing a time limit for
approval of a final plat for a major subdivision; providing for repeal of
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resolutions or parts of resolutions in conflict herewith; providing a
severability clause; and providing for an effective date.
Attorney Nash read Resolution No. R-89-44 by title only.
Mayor Votapka noted that legal descriptions on the preliminary plat and resolution
were different and said he felt hesitant to approve the resolution tonight.
Mayor Votapka also said Essex Lane should be labeled on the plat, the right-of-
way shown both on the North by Concord Avenue and future City of Sebastian
Thoroughfare Plan should be dedicated to the City of Sebastian on both accounts,
and future right-of-way should be specified as to the width of the right-of-way.
Motion by McCarthy/Rondeau
I move we postpone action on Resolution No. R-89-44 and refer it to the
Director of Community Development for review and correction of the legal
description.
Vice Mayor McCarthy said the intent of his motion was such that the Director of
Community Development would use his prerogative to take the matter back to
Planning and Zoning if he feels there are inconsistencies.
Voice Vote on the motion carried 5-0.
George Metcalf, 425 Main Street, Sebastian, discussed several contingencies as
approved by Planing and Zoning.
9/13/89 Resolution No. R-89-44 - Vickers Subdivision Preliminary Plat (Staff
recommendation dated 9/7/89, memo from City Planner dated 9/7/89, letter from
Fowler dated 8/31/89).
A resolution of the City of Sebastian, Indian River County, Florida,
pertaining to a preliminary subdivision plat; approving a preliminary
subdivision plat for an industrial subdivision occupying a tract of land
approximately 30.53 acres more or less in size, located in sections 17 and
20, Township 31 South, Range 39 East, City of Sebastian, Indian River
County, Florida; providing for a waiver of certain requirements of the land
development code of the City of Sebastian; providing for the imposition of
conditions for the approval of the Preliminary Subdivision Plat; prescribing
a time limit of the submission for approval of a final plat for a major
subdivision; providing for repeal of resolutions or parts of resolutions in
conflict herewith; providing a severability clause; and providing for and
effective date.
The City Manager read Resolution No. R-89-44 by title only.
19
The Director of Community Development said the legal description had been
corrected since this last appeared on the agenda. He noted the letter from Fowler
dated August 31, 1989.
Motion by McCarthy/Rondeau
I move we adopt Resolution No. R-89-44 as read by the City Manager by
title only.
Motion carried unanimously 5-0.
9/21/89 Public Hearing for rezoning and land use change - Fischer - opened at 9:55 p.m.
and closed at 9:55 p.m.
A motion to extend the time for 15 minutes was made by Mr. Gilcher, seconded by
Mr. Thompson, passed unanimously.
Mr. Thompson states he feels it is a good project. Mr. Mahoney states a buffer
may be requested at the site plan stage. Mr. Gilcher states it is a nice project and
gives a compliment to the TRC committee.
Mrs. Kilkelly is in favor of the project and Mr. Fullerton has no questions.
A motion to recommend approval to City Council that the land use change and
zoning change from its county designation to the following city designations was
made:
A. LD for land use and RS -10 for zoning.
B. MD for land use and RM -8 for zoning.
C. IND for land use and IN for zoning.
Mrs. Kilkelly seconded and passed unanimously.
12/13/89 Ordinance No. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres.
First Reading, set 1" public hearing 1/24/90 - DCA review required after 1" PH.
An ordinance of the City of Sebastian, Indian River County, Florida,
pertaining to a change in the comprehensive land use plan; amending the
comprehensive land use plan map with respect to three parcel of land,
approximately 116.55 acres more or less, located in the Southeast section
of the City, on the West side of the Florida East Coast Railway right-of-
way, South and East of Schuman Drive; and North of Mabry Street,
amending the comprehensive use plan map for the first parcel of land from
Indian River County LD -2 (Low Density) and MXD (Mixed) districts to
20
city LD (Low Density) District; amending the comprehensive land use plan
map with respect to the second parcel of land from Indian River County
LD -2 (Low Density) and MXD (Mixed) districts to City MD (Medium
Density) district; amending the comprehensive land use plan map with the
respect to the third parcel of land from Indian River County LD -2 (Low
Density) and M (D (Mixed) districts to City IND (Industrial) district;
providing for the transmittal of the proposed comprehensive plan
amendment to the Florida Department of Community Affairs; providing for
repeal or ordinances or parts of ordinances in conflict herewith; providing
for severability; and providing an effective date.
Ordinance No. 0-89-31 -Fischer Rezoning - 116.55 Acres
First Reading, Public Hearing will be held at time of 2nd public hearing and
adoption of 0-89-30 following DCA review.
An ordinance of the City of Sebastian, Indian River County, Florida,
pertaining to rezoning; rezoning three parcels of real property in the
Southeast section of the City, approximately 116.55 acres more or less,
located on the West side of the Florida East Coast Railway right-of-way,
South and East of Schuman Drive, and North of Mabry Street; rezoning
the first parcel of real property from County zoning districts Agricultural 1
and RM -6 (Residential Multi -Family) to City zoning district RS -10
(Residential Single Family); rezoning the second parcel of real property
from County zoning districts Agricultural 1 and RM -6 (Residential Multi -
Family) to City zoning district RM -8 (Residential Medium); rezoning the
third parcel of real property from County zoning districts Agricultural 1,
RM -6 (Residential Multi -Family) and IND (Industrial) to City zoning
district IN (Industrial); amending the official City zoning map to reflect the
change in zoning; providing for repeal of ordinances or parts of ordinances
in conflict herewith; providing for severability; and providing and effective
date.
Attorney Nash red Ordinance No. 0-89-31 for the first time by title only.
Motion by McCollum/Oberbeck
I move we accept Ordinance No. 0-89-31 on first reading and set public
hearing when 0-89-30 is returned from DCA.
Motion carried unanimously 4-0.
1/24/90 Ordinance No. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres
Attorney Nash read Ordinance No. 0-89-30 by title only.
21
Mayor Votapka opened the public hearing at 7:22 p.m.
The Director of Community Development presented the request and recommended
transmittal to the Department of Community Affairs.
There was no public comment.
Mayor Votapka closed the public hearing at 7:25 p.m.
Motion by McCarthy/Oberbeck
I move we accept Ordinance No. 0-89-30 and transmit it to DCA.
Motion passed unanimously 5-0.
4/5/90 Sand Mining Permit - Vickers Grove phase III
Stan Mayfield is present to answer question on behalf of the applicant.
The lake will be approximately 50 acres when completed.
Mr. Thompson recommends the plan should reflect correct ownership when
submitted to City Council. He also asks if the applicant is aware that there is a 12
month time limit after approval for completion. Mr. Mayfield stated yes.
Mrs. Kilkelly had questions regarding the SJRWM permit and its limitations.
Mr. Mahoney asks why they are requesting a possible change in the littoral zone.
Mr. Mayfield states it may not be necessary but as a precaution, they are giving
advance notice.
Mr. Mahoney states there is a 20 acre maximum for phasing per the land
development code, page 347 and Mr. Mayfield states this phase is only 16 acres.
Mr. Thompson made a motion that the planning and zoning commission
recommend to City Council approval of the special use permit for the Sand Mining
of phase III of the Vickers Grove project including paperwork and drawings
number 8933 dated March 26, 1990 subject to the following conditions:
1. Applicant to submit and city approve revisions concerning littoral zone
as required by section 20A -5.29(b) of the land development code.
2. Applicant to provide compliance and restoration bonds as required by
section 20A -5.30(e) of the land development code.
3. Type A or natural landscape buffer/screen shall be provided as required
by section 20A -5.30(b)(5) of the land development code.
22
4. A safety and security plan shall be submitted and city approval granted
as required by section 20A-5.30(6)(3) of the land development code.
The first three conditions of approval are from the staff technical review committee
recommendations and are made a part of this motion. Seconded by Mr. Shroyer,
passed unanimously.
4/25/90 Vickers Sandmine III - Draft Resolution/Set special use permit public hearing
5/9/90 (P & Z recommendation dated 4/18/90, memo form P & Z dated 4/16/90,
memo from Technical Review Committee dated 3/29/90, letters dated 3/8/90 and
2/15/90 from Mayfield Application.
The City Clerk explained that time constraints would not allow the public hearing
to take place on May 9, 1990 and recommended May 23. 1990.
Motion by McCollum/Powell
I move that you (the Attorney) prepare the Resolution necessary.
Voice vote on the motion carried unanimously 5-0.
4/23/90 Resolution No. R-90-19 - Vickers Grove Sandmine Phase III (Staff
recommendation dated 5/15/90, Resolution, memo from Technical Review
Committee dated 3/29/90) (Generally located West of Florida East Coast Railroad
right-of-way, South and East of Schuman Drive, North of Mabry Street and East
Lance Street).
A resolution of the City of Sebastian, Indian River County, Florida,
pertaining to the granting of a special use permit for the mining of sand and
soil materials pursuant to section 20A-2.6 of the Land Development Code
of the City of Sebastian for a tract of land approximately 16.38 acres in
size, located in Section 17, Township 31 South, Range 39 East, City of
Sebastian, Indian River County, Florida; providing for compliance with the
requirements of the land development code of the City of Sebastian;
providing for the imposition of conditions for the issuance of the special
use permit; prescribing a time when the special use permit expires;
providing for repeal of resolutions or parts of resolutions in conflict
herewith; providing a severabiltiy clause; and providing for and effective
date.
Attomey Torpy read Resolution No. R-90-19 by title only.
Mayor Conyers opened the public hearing at 7:08 p.m.
George Metcalf, 425 Pine Street, Sebastian, opposed approval.
23
Carolyn Corum, 881 Dolores Street, Sebastian, urged Council to request the
developer to regulate dust.
Mayor Conyers closed the public hearing at 7:18 p.m.
Stan Mayfield, Masteller & Moler, engineers for the project, addressed Council
stating the St. John's permits have been received, bonds will be posted and that
reduction of excess dust can be looked into.
The Director of Community Development said he could make the reduction of
dust a condition of approval.
Mayor Conyers encouraged citizens to contact the Director of Community
Development if problems arise during mining operation.
Motion by MCCoUum/PowelI
I move we approve the sandmining special use permit for Vickers
Sandmine III subject to three conditions; 1) Applicant to submit and City
to approve revision(s) concerning littoral zone requirements per Code; 2)
Applicant to provide compliance and restoration bonds per Section 20A -
5.30(e) of Code; 3) Type A or natural landscaping buffer/screen required
per code.
Motion carried unanimously 4-0.
8/1/90 Review prior Council action on Ordinance Nos. 0-89-30 (CLUP Amendment) and
0-89-31 (Rezoning) for Fischer (116.55 Acres) - Set public hearings for 9/12/90
(Staff recommendation dated 7/25/90, 0-89-30 & 0-89-31, Map, DCD memo
dated 6/13/90, DCD memo dated 6/19/90, staff recommendation dated 12/7/89,
Applications).
The Director of Community Development said the DCA had no objection to this
land use category.
Motion by McCollum/Oberbeck
I move we set the public hearing for September 12, 1990 on Ordinance No.
0-89-30 and Ordinance No. 0-89-31.
Voice vote on the motion carried unanimously 3-0.
9/12/90 Ordinance No. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres.
The City Attorney read Ordinance No. 0-89-30 by title only.
Mayor Conyers opened the public hearing at 7:10 p.m.
24
Virginia Struck, 892 Lance Street, and Evelyn Guido, 857 Lance Street, both of
Sebastian, expressed concerns regarding traffic.
The Director of Community Development responded that those concerns should
be addressed during preliminary plat deliberation.
Mayor Conyers closed the public hearing at 7:16 p.m.
Motion by Oberbeck/McCollum
I move we adopt Ordinance No. 0-89-30.
Motion carried unanimously 5-0.
Ordinance No. 0-89-31 - Fischer Rezoning - 116.55 Acres.
The City Attorney read Ordinance No. 0-89-31 by title only.
Mayor Conyers opened the public hearing at 7:18 p.m.
Corrin Van Buskirk, 865 Delores Street, Cynthia Fitzpatrick, 874 Delores Street,
and Elizabeth McFadden, 886 Lance Street, all of Sebastian, expressed concerns
regarding traffic impact. Ms. Van Buskirk submitted backup to Council which
included a petition objecting to egress from the subject property onto Lance
Street. Ms. McFadden also stated that conditions of Fischer's bum permit are not
being adhered to.
The Director of Community Development reiterated his statement that traffic
concerns should be addressed during preliminary plat deliberation.
Mayor Conyers advised the speakers to contact staff with their concerns.
Mayor Conyers closed the public hearing at 7:45 p.m.
Motion by Powell/Oberbeck
I move we accept Ordinance No. 0-89-31.
Motion carried unanimously 5-0.
12/20/90 Vickers Grove Preliminary Plat - Bruce Cooper speaks first on this matter and
explains why no TRC letter has been provided. Also states as far as he is
concerned, the project meets all code requirements.
Earl Mastellar then speaks on behalf of the applicant - Dr. Fischer is also present.
Mr. Mastellar mentions the project will be built in three phases.
25
Mr. Fullerton asks if the letter of 2-26-90 has been complied with and Bruce says it
has.
A motion to recommend approval to City Council of Vickers Grove Subdivision
preliminary plat with RM -8, RS -10, and Industrial By Mr. Fullerton, seconded by
Mrs. O'conner, passed unanimously.
5/8/91 Vickers Grove Preliminary Subdivision Plat (Staff recommendation dated (5/1/91,
P & Z memo dated 12/21/90, Application, Davis Memo 5/1/91, Davis memo dated
3/27/91, Fischer Letter dated 2/27/91, Maps and Plans.
Bruce Cooper gave a brief history of the item.
Motion by Oberbeck/Powell
Move to direct the City Attorney to draft a resolution to approve the
preliminary subdivision for Vickers Grove Subdivision subject to items 1,2
and 3 on the recommended action.
The following was added by the City Clerk's office:
1. Applicant will be required to coordinate and construct 99'° street
improvements as outlined in Tim Davis's letter, prior to submission of a final
plat.
2. The applicant will be required to have final approval from the appropriate
agencies for the central water and sewer system, prior to a final plat.
3. The applicant will be required to post certain signs to prohibit trucks from
using the `Back door entrance". The location and size shall be coordinated
with the City Engineer prior to placement.
Motion carried unanimously 4-0.
6/12/91 Resolution No. R-91-18 - Vickers Grove Preliminary Plat (Staff recommendation
dated 6/6/91, R-91-18).
A resolution of the City of Sebastian, Indian River County, Florida,
providing for the approval of a preliminary plat for a major subdivision for
a parcel of land approximately 117 acres in size, located in Section 17,
Township 31 South, Range 39 East, City of Sebastian, Indian River
County, Florida, subject to certain conditions; providing for binding effect;
providing for recording; providing for repeal of resolutions or parts of
resolutions in conflict herewith; providing for severability; and providing
for and effective date.
26
The City Attorney read Resolution No. R-91-18 by title only.
Carolyn Corum, Delores Street, Sebastian, requested a green belt buffer between
Vickers Grove Subdivision and Sebastian Highlands and expressed concern for
egress onto Gilson Avenue from Vickers Grove.
The Director of Community Development explained that a buffer is not a
requirement since both properties are zoned RS -10.
Motion by Reid/Oberbeck
I move we approve Resolution No. R-91-18 Vickers Grove Preliminary
Plat.
Motion carried unanimously 4-0.
2/23/94 Schedule public hearing for Vickers Grove Sandmining Special Use Permit -
request to expand existing Sandmine and modify preliminary plat (Director of
Community Development transmittal dated 2/16/94).
Warren Dill, legal counsel for the applicant, expressed concern for the necessity for
special use permit process.
City Attorney responded, noting that he had been advised that the request is to
expand the area in which the sandmining would take place and the Director or
Community Development added that the request is for an area not previously
approved for sandmining.
It was consensus of City Council to schedule the hearing for a special meeting on
March 16. 1994 at 7:00 p.m.
The City Attorney said if Mr. Dill can show him that the procedure is not
necessary, hew would not be adverse to changing his opinion.
The Director of Community Development said the modification to the preliminary
plat had been before Planning and Zoning, and will come before City Council at
which time both procedures can be addressed on the same night.
3/16/94 Vickers Grove Subdivision - 1) Sandmining Special Use Permit request and 2)
Major Modification to Preliminary Subdivision (Director of Community
Development Transmittal dated 3/4/94, application plans under separate cover).
Mayor Firtion announced that the portion of the hearing on major modification to
preliminary subdivision has been continued to April 20, 1994.
27
Mayor Firtion opened the public hearing at 7:05 p.m.
The City Attorney advised on procedures for the quasi-judicial hearing, and then
asked all parties interested in testifying to stand and proceeded to swear them in.
Warren Dill, legal counsel for applicant Dr. Henry Fischer, addressed City Council
stating that the application for special use permit had been filed under protest,
reasons for which were detailed in a letter to the Director of Community
Development dated March 14, 1994, said the applicant agrees, if the application is
approved, that he is forever bound to the City's regulations on mining and
excavation, however, if the use is denied he reserves the right to challenge the
City's requirement for compliance with those regulations.
The Director of Community Development said staff was comfortable bringing this
application to City Council.
The City Attorney further explained that the applicant's position was based on the
fact that the sandmining operation was in effect prior to annexation, recommended
that City Council accept the applicant's offer in the best interest of the City and
inquired whether he City Council is amenable to the offer.
Motion by Oberbeck/Freeland
I would move that we accept the offer of Mr. Fischer with regard to the
sandmining operation at the Vickers Grove Subdivision. The offer
pertaining to our land development code and land use.
Motion carried 4-1 (Corum - nay)
Mr. Dill offered his letter to Mr. Cooper for City Council review. The City Clerk
noted that staff had been unable to submit it to City Council prior to the hearing
due to the hearing's quasi-judicial nature.
Mr. Dill make an opening statement on behalf of the applicant, urging approval of
the application.
Randy Mosby, Mosby and Associates, Vero Beach, testified on behalf of the
applicant.
Mr. Mosby submitted the following exhibits: construction drawings (exhibit 1);
finding of fact form Resolution No. R-88-19 (exhibit 2); findings of fact from R-
90-19 (exhibit 3); and St. John's River Water Management District permit dated
November 9, 1993 (exhibit 4).
Mr. Oberbeck was excused from 7:45 p.m. to 7:46 p.m
28
Mr. Mosby's testimony continued. He stated that this was the last time a request
for a sandmining extension for this area will come before City Council.
Mr. Mosby submitted further exhibits as follows: 20A-3.5 of the Land
Development Code regarding RM -8 conditional uses (Exhibit 5); Section 20A-
3.14 regarding Industrial permitted uses (Exhibit 6); Section 20A-5.20 regarding
excavation and mining, Section 20A-5.29 water management standards, Section
20A-5.30 regarding operating conditions of mining, Section 20A-5.36 regarding
duration and completion of permits (Exhibit 7).
Mayor Firtion called recess at 8:04 p.m. and reconvened the meeting at 8:15 p.m.
All members were present.
The City Attorney inquired whether anyone sworn in intended to cross-examine
Mr. Mosby at this time. All but Mr. Metcalf declined.
Mr. Mosby testified in response to George Metcalf relative to water quality tests.
W. Mosby testified in response to Mrs. Corum stating that the existing lake is
65.2 acres, and the operation will increase by 45%; discussed the lake depth; and
said for the record, the hours of operation are stated on the drawings and are the
same as for previous mining permits.
Charles Cramer testified on behalf of the applicant stating that only four new
building permits have been issued since May 1990 in a'/4 mile radius of the subject
property; read a letter dated March 5, 1994 from John Sykes, 222 Caprol Lane and
submitted it to the City Clerk (Exhibit 8).
The City Attorney inquired whether anyone wished to ask any questions of Mr.
Kramer.
In response to Mrs. Corum, Mr. Kramer testified that he was a Supervisor for
Henry Fischer and Sons.
Abe Kreitman, 1417 Alpha Court, West Palm Beach, Florida, registered
professional hydrologist, testified on behalf of the applicant, citing satisfactory
results and conclusions of study of the possible adverse impacts on groundwater.
Mr. Kreitman testified in response to Victor Williams.
All others in the audience declined the opportunity to ask questions of Mr.
Kreitman.
Mr. Kreitman testified in response to W. Freeland and Mrs. Corum, relative to
monitoring for groundwater saltwater intrusion; in response to Mayor Firtion as to
29
how the sandmine operation will add to the groundwater level; in response to Mrs.
Corum relative to insignificant run-off into the lake and discussed a principle
known as the Hygben-Gertzberg relationship pertaining to water density.
Mayor Firtion called recess at 9:15 p.m. and reconvened the meeting at 9:25 p.m.
All members were present.
Victor Williams, 358 Concord Avenue, Sebastian, testified relative to lack of
traffic on Concord and extension of the sandmine East and West.
George Metcalf, 425 Pine Street, Sebastian, testified relative to decrease of tax
base due to elimination of acreage and alleged violation of FS 163 Part 2 by the
elimination of all multi -family and some industrial.
Mr. Metcalf testified in response to Mr. Dill stating he had no written
documentation regarding assessments, and quoting from a Press Journal article
dated November 2"" relative to a comment by James Frazee, Chief Hydrologist for
St. John's.
Mr. Metcalf submitted two photographs dated 1991 and December 7, 1993.
Mr. Dill objected to submittal of the photographs as evidence without further
information.
Bruce Cooper, Director of Community Development, submitted a memo from
Planning and Zoning dated March 4, 1994 recommending approval of the special
use permit (Exhibit 9); said he had been in contact with the state relative to the
Comprehensive Land Use Plan and stated the City is in compliance, submitting the
computations of multi -family (Exhibits 10 and 11); and distributed a
recommendation from him dated March 16, 1994.
The Director of Community Development said staff has no objection to Saturday
operation 7 a.m. to 5 p.m. as he applicant has requested.
Mr. Cooper testified in response to Victor Williams, 358 Concord Avenue,
Sebastian, relative to Concord Avenue right-of-way.
Mr. Cooper testified in response to Fred Mensing, about how the 7 to 5 operation
deadline can be amended in case of emergency need for sand.
Mr. Cooper testified in response to Mrs. Coram regarding to reduction of he tax
base, not a relevant issue in accordance with the City Attorney's opinion.
Mr. Cooper provided three original letters of no objection received in response to
letters sent to surrounding property owners.
30
Dr. Henry Fischer gave closing comments relative to reduced need for multi -family
housing and urged approval of the special use permit.
Mrs. Corum inquired what will happen to the lake when the subdivision is
completed.
Dr. Fischer said he had no objection to staff conditions.
Mr. Firtion closed the public hearing at 10:15 p.m.
Motion by Oberbeck/Corum
I would move that we approve the special use permit for Vickers Grove
Sandmining subject to the applicant meeting the requirements in Mr.
Cooper's letter of 3/16/94 and continue the public hearing on the portion
regarding the major modification to the preliminary subdivision until April
20, 1994 and to allow Saturday operations until such time as City Council
in sole discretion determines that Saturday operations constitutes a
nuisance to the neighborhood.
Motion carried 4-1 (Corum - nay).
The City Attorney advised that a resolution to issue the special use permit will be
drafted and brought back to City Council.
There being no further business, Mayor Firtion adjourned the special meeting at
10:20 p.m.
4/20/94 Vickers Grove Subdivision - Major Modification to Preliminary Plat -
Continuation of 3/16/94 hearing (Utilities Director transmittal dated 4/14/94).
Mayor Firtion opened the public hearing on major modification to preliminary plat
for Vickers Grove Subdivision at 7:04 p.m.
The City Manager requested that the hearing be continued to May 18, 1994.
Motion by Oberbeck/Freeland
I would move to continue the meeting for the Vickers Grove Subdivision
to May 18, 1994.
Motion carred unanimously 5-0.
5/18/94 Vickers Grove Subdivision - Major Modification to Preliminary Subdivision Plat
(Director of Community Development transmittal dated 5/12/94).
31
Mayor Firtion opened the public hearing at 7:04 p.m.
The Director of Community Development reiterated his recommendation as
submitted in the agenda packet, reported the plat had been changed at the request
of staff members relative to utility matters, however, that the applicant had
resubmitted original plans on May 16, 1994.
In response to the City Attorney, the Director of Community Development listed
deficiencies in the plat.
Attorney Warren Dill, representing applicant Henry Fischer, noted that the plans
were redesigned at the request of the Utilities Director, and have now been
resubmitted in original form, less the cul-de-sac and certain lots eliminated by the
sandmine, to expedite approval and to alleviate additional cost to the applicant.
He requested approval subject to submittal of construction drawings prior to any
development.
The Director of Community Development inquired whether City Council is willing
to tentatively approve without construction drawings.
City Council discussion followed on the provision in he Land Development Code
for submittal of construction drawings prior to preliminary plat approval. The City
Attorney said there is enough leniency in the Code to allow City Council to get
around the language until such time as the language is amended.
Attorney Dill requested that approval be given with two conditions: 1) that all
technical requirements of the Code are met and 2) subject to providing necessary
construction drawings prior to construction and final plat approval.
The Director of Community Development noted that the preliminary plat must be
brought back and approved in the form of a resolution.
Motion by Oberbeck/Damp
I would move for preliminary approval of the plat as submitted for Vickers
Grove Subdivision subject to the applicant meeting all technical
requirements of our Code and subject to a submittal of final construction
drawings prior to construction and final approval.
City Council members reviewed the preliminary plat.
Mr. Oberbeck was excused for 7:32 p.m. to 7:35 p.m.
George Metcalf and Fred Mensing had signed to speak but declined when called
upon.
32
Mayor Firtion closed the public hearing at 7:34 p.m.
Motion carried unanimously 5-0.
7/6/94 Proposed Resolution No. R-94-25 - Vickers Grove Sandmining Special Use
Permit (Director of Community Development transmittal dated 6/30/94, R-94-25,
Dill letter dated 5/24/94, Torpy letter dated 6/22/94).
Charles Cramer, Fischer & Sons, Inc., suggested amendment to Section 2 -
Subsections A and F of the proposed resolution.
The Assistant City Attorney responded that amendment to F would create an
additional burden to the City by requiring a public hearing and suggested only a
minor amendment to language in A to prevent future Councils form maliciously
amending City regulations to affect this use.
It was consensus of City Council to direct the City Attorney to work with
Attorney Dill to amend A and bring the resolution back.
2/8/95 Resolution No. R-95-06 - Vickers Grove Subdivision Preliminary Plat (Director of
Community Development transmittal dated 2/1/95, R-95-06).
A resolution of the City of Sebastian, Indian River County, Florida,
approving the preliminary subdivision plat for an area know as Vickers
Grove Subdivisions; providing conditions for such approval; providing an
expiration date; providing for conflicts; providing for severability; and
providing an effective date of the resolution.
The City Manager read the consent agenda.
The City Attorney read titles for Resolution Nos. R-95-05 and R-95-06.
Vice Mayor removed item C.
Item C.
Vice Mayor Corum inquired about the requirement for sidewalks, to which the
Community Development Director responded that he will review previous
approvals and the code for sidewalk requirement criteria.
Discussion continued on the expansion of the sandmining area resulting in removal
of the multi -family lots and some industrial; requirements for recreational space
and drainage; and utility connection.
33
2/22/95
c7E:fL•��
Motion by Corum/Oberbeck
I move approval of item C of the consent agenda.
Motion carried unanimously 5-0.
Resolution No. R-95-07 - Vickers Grove Sandmining Special Use Permit (Director
of Community Development transmittal dated 2/17/95, R-95-07).
A resolution of the City of Sebastian, Indian River County, Florida,
pertaining to the granting of a special use permit for the mining of sand and
soil materials pursuant to Section 20A-2.6 of the land development code of
the City of Sebastian for a tract of land approximately 30.2 acres in size,
located in Section 17, Township 31 South, Range 39 East, City of
Sebastian, Indian River County, Florida; providing for compliance with the
requirements of the land development code of the,City of Sebastian;
providing for the imposition of conditions for the issuance of the special
use permit; providing for repeal of resolutions or parts of resolutions in
conflict herewith; providing a severability clause; and providing for an
effective date.
The City Manager read the consent agenda and the City Attorney read titles of
Resolution Nos. R-95-07, R-95-08, R-95-09, R-95-10.
Vice Mayor Corum removed items B and F.
Mrs. Damp removed item C.
Item B - Resolution No. R-95-07 - Vickers Grove Sandmining Special Use Permit.
Vice Mayor Corum inquired about the developer's future plans for the 95 acre lake
and expressed concern for loss of tax base.
Vice Mayor Corum make a motion to deny but if failed for lack of a second.
Motion by Damp/Oberbeck
I move we approve item B of the consent agenda.
Motion carried 4-1 (Corum - nay).
Resolution No. R-95-16 - Vickers Grove Preliminary Plat - amending
commencement date (City Manager transmittal dated 2/27/95, R-95-16).
A resolution of the City of Sebastian, Indian River County, Florida,
approving the preliminary subdivision plat for an area know as Vickers
Grove Subdivisions; providing conditions for such approval; providing an
34
expiration date; providing for conflicts; providing for severability; and
providing an effective date of the resolution.
The City Manager read the consent agenda, reiterating his comments relative to
items F and I.
Vice Mayor Corum removed items C, D, and E.
Item C - Resolution No. R-95-16
Motion by Corum
I move not to approve Resolution No. R-95-16.
The City Attorney read resolution No. R-95-16 by title only and Mrs. Damp
seconded the motion.
Motion failed 1-4 (Damp, Freeland, Oberbeck, Firtion - nay).
The City Manager noted the preliminary plat had already been approved and that
this resolution merely amended the commencement date for submittal of final plat.
Motion by Oberbeck/Damp
Move to approve item C.
Motion carried 4-1 (Coram -nay).
10/9/96 Approve Eighteen month Preliminary Plat extension for Vickers Grove Subdivision
to expire April 9, 1998 (Community Development Director transmittal 10/2/96,
Fischer & Sons letter 9/20/96, site plan).
The Community Development Director presented the request for an eighteen
month extension and recommended approval.
Mrs. Damp said she recalled that the time limit for preliminary plat approvals was
to be extended to two or three years and requested this be looked into.
Motion by Cartwright/Halloran
I move to approve an eighteen month extension of the preliminary plat for
Vickers Grove Subdivision to expire April 9, 1998.
Motion carried unanimously 5-0.
1/16/97 Recommendation to City Council - Special Use Permit - Vickers Grove Sandmine
- Phase III.
M
At this point, Chairman Fischer removed himself from the dais for conflict of
interest, submitted form 8B and turned the meeting over to Vice Chairman
Munsart.
Mr. Massarelli gave staff presentation and noted that this sand mine is located in an
area where there is an active sand mining operation. He identified it as the Vickers
Grove Subdivision that has been previously platted, and the purpose is to expand
the lake and make it. wider. He noted that St. Johns Water Management District
has practically given up on the littoral zone practice and he is recommending that
the Commission yield to what SJRWMD requires.
He noted that there have been several complaints of blowing sand and dust from
this operation. Code enforcement has been sent out, and Mr. Massarelli's
experience is that the nuisance has been dealt with immediately.
Mr. Mather noted the objection letter that was received from Ms. Carolyn Corum
and asked her if her complaints were give attention.
Mr. Massarelli felt that the problem that Ms. Corum was experiencing came from
the present mining operation, and the new operation being applied for tonight was
too far away to affect her. He also noted that staff recommends that the
Commission recommend to the City Council approval of the application for
Vickers Grove Sandming - Phase III with the following condition:
1. The hours of operation be between 7 a.m. and 5 p.m. on weekdays.
Mr. Massarelli noted the letter from Ms. Corum and mentioned that she was also
going to have faxed to us the Indian River County Code dealing with sand mines,
which we never received. He noted that the IRC code is irrelevant as we are
bound by city codes.
Mr. Munsart asked if Ms. Coram ever filed formal complaints against the Sand
mine operation with Code Enforcement. Mr. Massarelli responded that she had
and each had been responded to promptly.
2/19/97 Quasi -Judicial Public Hearing, Final Adoption.
Conduct quasi-judicial public hearing on sandmining special use permit application
for Vickers Grove Subdivision phase III - consider adoption of Resolution No. R-
97-08 (Director of Community Development transmittal dated 2/13/97, R-97-08,
Staff report, location map, application).
A resolution of the City of Sebastian, Indian River County, Florida,
granting a special use permit and mining permit to Dr. Henry Fischer for a
sand mine on approximately 12.6 acres of land; providing for severability;
36
providing for repeal of resolutions or parts of resolutions; conflicts; and
providing for an effective date.
The City Attorney read Resolution No. R-97-08 by title.
Carolyn Comm, 881 Dolores Street, requested to be treated as an affected party.
The City Attorney explained that in accordance with Resolution No. R-96-87,
affected parties are the applicant, city staff and affected landowners entitled to
notice under any statute or City ordinance, said she had spoken with Ms. Corum
and advised her she could speak as an affected parry only if the Council changed its
resolution tonight to find that anyone adjacent is an affected parry.
Mr. Barnes asked if the applicant's attorney agreed, could Mrs. Corum be treated
as and affected property owner to allow her to ask questions. The City Attorney
concurred.
Attorney Warren Dill said he did not agree with changing the resolution tonight,
nor did he think it could be done tonight and stated that he was prepared to
proceed.
Mayor Cartwright disagreed with changing the resolution tonight and advised that
Mrs. Corum could sign up under informational testimony or as a proponent or
opponent, however, not as an affected landowner.
Mayor Cartwright opened the public hearing at 6:13 p.m. and the applicant staff
and all those who intended to offer testimony were sworn in.
The Director of Community Development presented the staff report; noted that the
request for 20 feet of right-of-way should actually be 10 feet; stated that the lack
of a littoral zone as requested by the Land Development Code is an issue,
however, the applicant intends to meet all requirements of the St. John's Water
Management District.
In closing, he stated that staff recommends that the City Council find that the
proposed sand mine will not be detrimental to the public safety, .health, or welfare
nor will it be injurious within the immediate vicinity in which the property is
located and that he proposed use is consistent with the purpose and intent of the
industrial zoning district and is similar in nature and compatible with uses allowed
in the industrial zoning district. He said it is further recommended that City
Council approve the application for the Vickers Sand Mine Phase III with the
following conditions.
37
1. Prior to commencement of operations, the applicant shall provide a verified
statement showing each and every individual person having a legal and/or
equitable ownership interest in the subject property.
2. That the applicant dedicate 10 feet of right-of-way to the City of Concord
Avenue.
3. Prior to commencement of operations, the applicant shall install permanent
project boundary corners, with intermediate stakes at a minimum of three
hundred feet and all limits of excavation shall be staked, marked and
maintained with visible flags in the field, in accordance with approved plans for
the permit.
Mayor Cartwright asked if compliance with St. Johns Water Management District
requirements was to be a condition and the Director of Community Development
said he would not object to that as an additional condition and that staff receive a
report.
In response to Mr. Barnes, the Director of Community Development said there is
an emergency access onto Concord which will be provided in the Industrial
Subdivision; that the current sandmining allows mining from 7 a.m. to 5 p.m.
Monday through Saturday, however, Saturday operation shall cease if Council
determines the operation constitutes a nuisance; explained St. Johns rules relative
to littoral zones. Mr. Barnes said he preferred to use requirements of he Land
Development Code relative to littoral zones. The Director of Community
Development went on to explain current and proposed lake depths.
In response to Mayor Cartwright, the Director of Community Development listed
prior approvals for this site in 1988, 1990 and 1991.
Attorney Warren Dill, representing applicant Henry A. Fischer, requested names of
individuals who has filed the five complaints with the City regarding he sandmine
operation.
Mr. Dill requested that the staff report and City records on this application be
made a part of the record and gave a brief history of the operations on this site
approved by City Council three times since 1988.
Randy Mosby, Mosby & Associates, engineer for the applicant's project, gave his
experience and educational background and responded to questions from Mr. Dill.
He described the property as presented on a Project Phasing rendering dated
January 1997 and Mr. Dill requested it be entered as applicant's exhibit 7. There
were no objections.
38
Mr. Dill then submitted a complete set of exhibits 1-6 for the record. Mr. Mosby
read from City of Sebastian Resolution No. R-88-19, R-90-19 and R-95-07 and
requested they be entered as applicant's exhibits 1, 2 and 3.
At 7:11 p.m. Mayor Cartwright advised Mr. Dill that he had two minutes to
complete his presentation and Mr. Dill requested an extension. It was consensus
of Council to waive the time limit.
Mr. Mosby stated that St. Johns had recently extended the current mine permit for
another five years.
In response to Mr. Dill, Mr. Mosby read from applicant's exhibit 4, Section 20A-
3.14 of the land development code "IN, Industrial District" permitted uses and
said, in his opinion, a sandmine was compatible with those uses; read from
applicant's exhibit 5, Section 20A-5.19 "Excavation and mining - purpose" and
responded that all conditions have been met except for the littoral zone; for which
St. Johns has its own requirements. He said the code reflects old methods on
littoral zones and noted that Harbor Point and Collier Creek were approved
without littoral zones and St. Johns rules were followed.
Charles Cramer, employed by applicant Henry Fischer, addressed City Council on
the berm and fence system around the site; said there was no evidence of any crime
on site due to lack of a fence and that a City of Sebastian police officer was living
on the site.
Mr. Cramer described the areas of current mining to Mr. Halloran, saying that they
are gradually moving south away from the residential area.
In response to Mr. Barnes, Mr. Mosby said the time for completion of the
proposed mine will be based on consumer demand for the product.
Howard A. Geiger, 026 Schumann Drive, Sebastian, expressed concern for a drop
in the water level of Schumann Lake in the last few days and asked what will
happen to the lake if the sandmine operation goes below the level of Schumann
Lake.
Mr. Dill began to question Mr. Geiger, however, the City Attorney advised Mr.
Dill that he may not cross-examine non -affected opponents in accordance with the
City's resolution and state statutes. Mr. Dill said if Mr. Geiger stated that he has
no special expertise in this area, he would let the matter drop.
Herbert Sturm, 549 Saunders Street, Sebastian, also expressed concern for the
depletion of Schumann Lake, reduction in taxes and inquired whether John Hill
had been informed of this matter. It was noted that Mr. Sturm was not qualified as
an expert witness.
39
Howard Woodrum, Elder, Trinity Lutheran Church, 611 Schumann Drive,
inquired how lose the project will be to the church and asked for the definition for
emergency in the use of the access to Concord. The Director of Community
Development said the project was 600 feet from the church.
Carolyn Corum, 881 Dolores, Sebastian, at the request of Mayor Cartwright,
disclosed the names of the five or more people she was representing as follows:
Carolyn Corum, Larry Corum Corrin VanBuskirk, Bea Ahrend, Cindy, Michael
and Kelsey Fitzpatrick. Mrs. Corum objected to the sandmining expansion citing
quality of life issues such as noise and dust, the fact that it is not incidental to
preparation for a subdivision; cited protection of the aquifer; requested the
limitation of stockpile height and better wetting methods. Mrs. Corum requested
and received and additional five minutes and requested a different hauling route
and limiting the time to Monday through Friday, 7:00 a.m. to 5:00 p.m.
Mayor Cartwright opened the informational testimony period at 8:15 p.m.
Mr. Taracka read a letter from Cindy Fitzpatrick into the record.
Mr. Dill objected to the letter being made a part of the record, and Mayor
Cartwright explained that the letter is strictly informational and closed the
information period.
The Director of Community Development said he had no information that the mine
was drawing water off Schumann Lake and said it was Council's decision whether
or not to require a more detailed littoral zone in accordance with the land
development code or to yield to St. Johns requirements.
In conclusion, he said it is staff's recommendation to approve as stated in the initial
staff presentation.
In conclusion, Warren Dill called Charles Cramer, who explained the installation of
the North perimeter road was for revegetation purposes; and described the
watering system to keep down dust on stockpiles.
Mr. Dill said it was his belief that the five complains make in the last ten years
were probably make by the Corums and Fitzpatricks; said the use is consistent with
the industrial district; agreed to the three recommended conditions, although, he
stated, the required donation of ten feet of right-of-way is illegal and the applicant
was doing it as a gratuity.
Mr. Taracka said he spent time on Dolores Street residences and witnessed the
sand in the homes and suggested cost effective methods which had been
40
recommended to him by experts in the field. He said he had witnessed sand
blowing from the tops of stockpiles toward those homes.
In response to Mayor Cartwright, Mr. Cramer said stockpiled sand goes through a
wet process, wet dredge stockpiles emit less sand than a typical citrus grove; and
that if this application is denied the current sandmining will continue.
The Director of Community Development said the code requires measures to
control dust for hardrock mining only; previous approvals did not require wet
down; and noted the East setback is measured for FEC right-of-way.
The Director of Community Development said that in reworking the code on
sandmining, staff will be working toward duplicating St. Johns regulations to
minimize conflicts; in response to Mr. Barnes, said that the code allows hours
Monday through Friday 7 a.m. to 5 p.m. with a provision that Council can allow
mining on Saturdays and Sundays or other times at its discretion until it determines
a nuisance exists. Mr. Barnes said he would like to see the hours Monday through
Friday 7 a.m, to 5 p.m. as a condition. The Director of Community Development
said it would be very difficult for Code Enforcement to enforce the time since the
other area of sandmining is permitted on Saturday.
Mayor Cartwright called recess at 9:00 p.m. and reconvened the meeting at 9:15
p.m. All members were present.
Mr. Barnes asked that as a condition of approval, staff and the applicant be
required to work together to look into a better system of holding down blowing
sand based on newer technology.
Randy Mosby said the applicant would agree to the condition and asked for the
names of the experts to which Mr. Taracka referred.
Mr. Barnes and Mr. Taracka concurred to make it a condition that the applicant
voluntarily work with staff and if staff determines it is not feasible to use another
method it make that determination. Mr. Dill agreed to work with staff but
objected to it as a condition of approval.
Mr. Cramer, in response to Mrs. Damp, said the highest stockpile is 25-30 feet and
that sand could probably not blow 1/2 mile from the that site.
Mayor Cartwright, for the record, said she agreed with staff's interpretation of the
setback line being from FEC right-of-way. There was no objection from Council.
Mr. Taracka said he had checked with people to the East in mobile homes and they
had the same dust.
41
Mayor Cartwright closed the quasi-judicial hearing at 9:27 p.m.
Motion by Barnes/Taracka
I'll make a motion t reject Resolution R-97-08 on the grounds that it is
detrimental to the health and welfare of the citizens of Sebastian and is not
comparable with the uses in the industrial zone and in fact removes an
industrial zone.
Motion failed 2-3 (Damp, Halloran and Cartwright - nay).
Motion by Damp/Cartwright
I move we approve Resolution R-97-08 with correction of the ten foot
right-of-way for Concord Avenue for the purpose of the sandmining permit for the
project known as Vickers Grove Phase III with conditions 1, 2 and 3 and the 4`"
condition that the applicant comply with St. Johns River Water Management
District and provide us with the necessary documentation to staff.
Motion Carried 3-2 (Taracka, Barnes - nay).
Conduct Quasi -Judicial Public Hearing on Preliminary Plat for Vickers Grove
Industrial Subdivision - consider adoption of Resolution No. R-97-10 (Community
Development Director transmittal 2/13/97, R-97-08, staff report, location map,
application.
A resolution of the City of Sebastian, Indian River County, Florida,
approving the preliminary plat for a subdivision known as Vickers Grove
Industrial Subdivision; providing for severability; providing for repeal of
resolutions or parts of resolutions in conflict herewith; and providing for an
effective date.
The City Attorney read Resolution No. R-97-10 by title and Mayor Cartwright
opened the quasi-judicial hearing at 9:32 p.m. Those who intended to offer
testimony had been sworn previously.
The Director of Community Development presented staff report; noted the 20 foot
right-of-way donation should be 10 feet; said the access to Concord is intended for
emergency use only and recommended approval.
In response to Council inquiry, he said that if the City does not wish to maintain
the lake in the future, it should not be accepted; said that Planning and Zoning
found the cul-de-sac length acceptable as long as the emergency access existed.
Warren Dill said the cul-de-sac was created by the City's refusal to allow regular
use of the Concord access.
[yi
In closing, the Director of Community Development recommended approval
subject to the donation of ten feet of right-of-way.
Mayor Cartwright closed the quasi-judicial hearing at 9:50 p.m.
The Director of Community Development noted the word "industrial' needed to
be added to the title of the resolution.
Motion by Halloran/Damp
I move to approve Resolution R-97-10 with the inclusion of "industrial' in
the title for Vickers Grove Industrial Subdivision and the inclusion of Section 1.A
which states that the applicant would dedicate a ten foot right-of-way for Concord
Avenue.
Motion carried unanimously 5-0.
43
W -AR N W. DILL, P. A.
ciTT RI,iEY-AT-LAw
WARREN W. DILL
MEMBER OF:
FLORIDA BAR
WYOMING BAR
NEBRASrA BAR
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, FL 32958
re:
Dear Bruce:
WABA330 ONE BUILDING
9025 U. S. HWY. 1, SUrrE 4
3RAASIIAN, FLORIDA 32988
(407) 5894212
FAX (407) 388-0871
March 14, 1994
Special Use Permit Requirement for
expansion of Vickers Sand Mine
When my client, Henry A Fischer, submitted his application for a Special Use Permit it was
under protest by cover letter dated February 23, 1994. This letter will set forth our reasons why a
new Special Use Permit is not required to mine additional areas within Vickers Grove.
This property was annexed into the City in 1987 by Ordinance No. 0-87-10. When this
property was annexed, there was an active sand mining operation in-place for the entire property.
On March 23, 1988 my client received a Special Use Permit for sand mining pursuant to Resolution
No. R-88-19. This Resolution did not limit the duration of the permit or the area that could be
mined. In other words it was endless and covered all of the property owned by Sebastian General
Partnership, B.F.T. (now owned by Henry A Fischer).
It is questionable as to whether my client should have been required to apply for this first
Special Use Permit When the property was annexed, it was an active sand mining operation. This
fact was known to the City. The annexation ordinance does not address this subject or in any way
attempt to limit the area of the sand mining or the time frame in which it could continue to exist.
Therefore there is nothing in the annexation ordinance that would require the sand mining operation
to receive any further approval from the City. When the City annexed this property, it took it
subject to the use in place.
When this property was annexed in 1987 the City had no sand mining regulations. When the
first Special Use Permit was issued on March 23, 1988, the City still had no sand mining regulations.
The first sand mining regulations of the City were adopted by the City on November 30, 1988 by
Ordinance No. 0-88-27. Therefore the entire sand mining operation at Vickers Grove is a valid prior
existing use and as such is not subject to regulation by the City. This argument holds regardless of
whether Resolution R-88-19 should have been required at all, since this Resolution had no expiration
date or limit on the area that could be mined. In essence Resolution R-88-19 allows sand mining
P&
Mr. Bruce Cooper
Page 2
March 14, 1994
anywhere on the property and as long as mining activities continue.
When my client wanted to mine an adjacent area of the property they were told they had to
get another special use permit, just as they were told to do this time. As a result my client did apply
for and receive a new Special Use Permit, pursuant to Resolution No. R-90-19 for approximately
16.38 acres.
When Resolution No. R-90-19 was adopted it contained a condition requiring my client to
comply with the City's mining regulations that were now in force (Section 20A - 5.29 and 20A - 5.30
LDR). This Resolution also limited the term of the permit to one (1) year, as per Section 20A -
5.36, subject to being renewed annually.
Resolution No. R=90-19 contained a "Conflict" provision, which states that "all resolutions or
parts of resolutions in conflict herewith are hereby repealed". There is no reference to a specific
resolution that is being repealed. At best it could be argued by the City that Resolution No. R-88-19
was repealed as far as applicability to the 16.38 acres permitted under Resolution No. R-90-19, since
they both dealt with the same 16.38 acres and the later Resolution would be ordinarily governs.
However, I am of the opinion that this argument would fail because my client was misinformed as
to the need to apply for a new permit when they already had a Special Use Permit issued by
Resolution No. R-88-19.
The Special Use Permit issued by Resolution No. R-88-19 is still valid for all of the Vickers
Grove property, except arguably the 16.38 acres. Therefore my client does not need to obtain
another Special Use Permit to continue -the sand mining operation on the same property. We are
not expanding the sand mining operation beyond the property that it was already occurring on when
the property was annexed and when Resolution No. R-88-19 was adopted.
I agree that so long as there is an approved Preliminary Plat for the Vickers Grove
Subdivision that the Preliminary Plat needs to be amended to reflect the removal of certain lots in
order to accommodate the sand mining operation. However, this is the only approval my client
needs from the City.
Because the City has required us to file an application for a new Special Use Permit, my
client has incurred substantial expenses already and will incur additional expenses in preparing for
the quasi-judicial hearing. Because this is a very important matter to my client we feel like we have
no alternative but to have a court reporter present. If we should end up in litigation over this, we
will be seeking monetary damages in addition to permission for the sand mining operation to
continue on the property.
If we are required to proceed with the quasi-judicial hearing on the Special Use Permit, I
am hopeful that the Council will determine that the evidence presented is sufficient to warrant
approval. Particularly when staff has stated that it has no objection to the issuance of the Special
Use Permit
Assuming that we are required to obtain a new Special Use Permit, I request that the quasi-
judicial hearing on the Special Use Permit be held first After that hearing is concluded and closed,
Mr. Bruce Cooper
Page 3
March 14, 1994
I will then present my client's position on amending the Preliminary Plat. Since the amendment of
a Preliminary Plat is only a public hearing and not a quasi-judicial hearing, I do not intend to call
any witnesses or to otherwise conduct this request as if it were quasi-judicial. If you have any other
authority, please let me know by Tuesday afternoon so that I am prepared for the Wednesday
evening meeting.
Very truly yours,
Ut �r—
Warren W. Dill
cch
cc: Dr. Henry A. Fischer
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
M E M O R A N D U M
DATE: March 16, 1994
TO: Mayor Firtion & City Council
FROM: Bruce Cooper
Director of Community Development
REFERENCE: Recommendation Regarding Vicker's Grove Sand Mine
Below are the recommendations from staff regarding the approval of
Vicker's Grove Sand Mine and if the City Council elects to approve
the applicant's permit:
1. Applicant to provide updated performance bonds to include
Phase III and the new proposed area pursuant to Section 20A -
5.30(e).
2. Applicant to provide revised plans to indicate compliance with
Section 20A-5.29(b),(c),(d),(e),(f),(g) and (h).
3. Applicant to revise plans to indicate this project into two
phases pursuant to Section 20A -5.30(c)(1).
4. Applicant to provide a legal description for both phases to be
included within the resolution for adoption.
5. This approval will be subject to Section 20A-5.20 through
Section 20A-5.37 of the Land Development Code.
BC/gk
recomvg.wp
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 0 FAX (407) 589-5570
May 12, 1995
Mr. Randy Mosby
Mosby & Associates, Inc.
2455 14th Avenue
Vero Beach, Florida 32961
Reference: Vickers Grove
Dear Randy,
COp'y
Attached is a letter dated May 5, 1995, from Masteller & Moler,
Inc. regarding the review of Vickers Grove's construction drawings
which indicates their approval except for the following:
1. The water and sewer systems will be approved by the Utility
Department.
2. There has been no provisions for sidewalks in accordance with
Section 20A -17.1.K of the Land Development Code.
After reviewing Section 20A -17.1.K of the LDC, I would not classify
any of these streets associated with this subdivision as either
collector or arterial streets. This section requires sidewalks
only for collector and arterial streets. Therefore, this section
would not apply.
If you have any questions concerning this matter, please do not
hesitate to give me a call at 589-5537.
SincerYDer
;7
B a
Director of Community Development
BC/db
vgltr.wp
r'1
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City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX(407)589-5570
April 27, 1995
Mr. Earl Masteller
Masteller & Moler, Inc.
1623 North U.S. Highway 1
Sebastian, Florida 32958
Reference: Vickers Grove Subdivision - Revised
Dear Earl,
Enclosed is a sealed set of construction drawings for the above
referenced project. These drawings are submitted for your review
and comments. Please submit to us an estimate of your fees for
this review.
Please advise if you need any additional information from the
applicant for your review.
Thank you.
Sincerely,
B
per_
of Community Development
BC/db
mmspre.wp
AM%
As►,
MOSBY AND ASSOCIATES, INC.
CONSULTING ENGINEERS
2455 14TH AVENUE
P.O. BOX 6368
VERO BEACH, FLORIDA 32961
407-569-0035
April 26, 1995
Mr. Richard Votapka, P.E.
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Subject: Vickers Grove Subdivision
Sebastian, Florida
Engineer's Project No. 93 -13 1
Dear Mr. Votapka:
Enclosed are two copies of the revised subdivision construction drawings for the subject project.
These drawings have been revised in accordance with your letter dated April 21, 1995, and the
attached redline review drawings. Also enclosed are three copies each of the Florida Department
of Environmental Regulations permit applications for the proposed water and sewer system
extensions. The applications have been signed, sealed and dated and require your execution. It
would be appreciated if you would execute the enclosed applications as soon as possible so that
we can begin the FDEP per)fiit process.
Shout y hav any c
Ve t y
r
nd L. osb ; P.E.
RLM/jb
cc: Dr. Henry Fischer
Mr. Bruce Cooper
regarding the above subject, please call.
MOSBY AND ASSOCIATES, INC.
CONSUL1111!: l 11`11111111s
2455 14TH AVENUE
P.O. BOX 6368
VERO BEACH, FLORIDA 32961
407-569 0035
April 26, 1995
Mr. Richard Votapka, P.E.
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Subject: Vickers Grove Subdivision
Sebastian, Florida
Engineer's Project No. 93-131
Dear Mr. Votapka:
Enclosed are two copies of the revised subdivision construction drawings for the subject project.
These drawings have been revised in accordance with your letter dated April 21, 1995, and the
attached redline review drawings. Also enclosed are three copies each of the Florida Department
of Environmental Regulations permit applications for the proposed water and sewer system
extensions. a applications have been signed, sealed and dated and require your executionIt
would be appreciated if you would execute the enclosed applications as soon as possible so that
we can begin the FDEP perAit process.
Shoul y hav any qu stions regarding the above subject, please call.
Ve It y S/S/9S'
Deo Yum sir Z'"-
. {4-Q¢UC.ArGtorlS w �-rM
and L. Mosby; P.E.
RLM/jb`ti1D�
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cc: Dr. Hen Fischer
Mr. Bruce Coop
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MASTELLER & MOLER, INC.
- CONSULTING ENGINEERS -
April 19, 1995
Mr. Bruce Cooper
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Review of Subdivision Plans
Vickers Grove
MM Project No. 9525 VHA
Dear Mr. Cooper:
P - 0 1
As requested in your letter to Mr, Earl Masteller dated March 31, 1995, and confirmed in
our telephone conversations of April 17, 1995, Masteller & Moler, Inc., has performed a
review of the proposed changes to the previously approved Vickers Grove subdivision.
We have been furnished with the subdivision plan sheets (Sheet 1 of 8 through 8 of 8)
prepared by Mosby & Associates (Mosby Job No. 93-131), dated March 24, 1995 which
shows the proposed site revisions. We also note that Masteller & Moler, Inc., were the
Engineers -of -Record for the original subdivision plat approval in 1989. We understand
that several revisions have been made to the original approved plat since 1989, The
latest proposed revisions to the plat consists of the expansion of the existing lake via the
removal of lots and roadways.
Our office has been requested to review the proposed roadway changes pursuant to
Article XVII, Sections 204-17.1 and 204-17,2 of the City of Sebastian, Land
Development Code. We understand that the site drainage calculations, zoning
requirements and other related issues were previously approved by the City of Sebastian
and are -;onsidcred acceptable giving the proposed changes. Furthermore, we understand
that the City of Sebastian Utility Department will review the modifications to the water
and sewer systems.
We offer the following comments pertaining to the proposed roadway improvements.
COMMF,NT #1: Please provide street names for the existing and proposed
roadways on the plans. [20A-17.2 (J)(15)].
COMMENT #2: Please provide the locations of the required street lights on the
plans [20A-17.1(N)j.
0 1623 N. U.S. Highway 1, Suite 82 7380 Murrell Road, Suite 106
Sebastian, FL 32958 Melbourne, Florida 32940
(407) 589-4800 (407) 255-1175
(407) 589.274.2 Fax (407) 253-4439 Fax
I 9— 9 5 W E D
Mr. Bruce Cooper
April 19, 1995
Page 2 of 2
1 S^33 MMR e. MM. P _ 02
COMMENT 43: Please provide sidewalk design information on the plans. (20A -
17.1(K)].
COMMENT #4 - In reviewing the proposed elevations for the northwesterly cul-de-sac, it
appears that the elevation on the south right-of-way line at station 0+00 will be
approximately +32.0 to +32.5 feet. The adjacent lot to the west has a rear lot elevation of
+38.5 feet, Please provide information regarding the transition in grades betweerf
adjacent lots.
We appreciate the opportunity to continue to serve as your consulting engineer. If you
have any comments or concerns, please do not hesitate to contact our office.
& MOUR, INC.
0
D on S. Rushncll, P.E.
Vice esident Brevard Operations
DSR/kh
Pile 49525VHA
(MM#4067)
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 C1 FAX (407) 589-5570
MEMORANDUM
DATE: March 24, 1995
COp'y
TO: Mr. Richard Votapka
Utilities Director i
FROM: Bruce Cooper
Director of Community Developm t
REFERENCE: Vickers Grove Subdivision
Enclosed is one set of construction drawings for the above
referenced project for your review. Please advise whether or not
you'll be reviewing this also for Public Works. If not, please let
me know in order to forward this to Masteller & Moler for their
review.
Thank you.