HomeMy WebLinkAboutSpecial Use Permit Phase IIIf
April 8, 1999
Carolyn Corum
881 Dolores Street
Sebastian, FI. 32958
Tracy Hass, Growth Management Director City of Sebastian
1225 Main Street
Sebastian, FI. 32958
Subject: Vickers Grove Sandmine
Dear Tracy Hass:
Thank you for your response. I agree with you with regards to Lake Schumann not
being fenced and also the drainage canals.
Vickers is an active Sand Mine with requirements by Sebastian LDC 20A-5.29 for
safety and security.
Your response to me that "crime is not a problem" gives me grave concerns.
SAFETY is the issue, not crime. The 117 -acre pit with 60' water depth, with no
security fence and no proof of a safe littoral shelf is an attractive nuisance to the City
of Sebastian, especially those that live near it.
Vickers Sand Mine was the deepest Sand Mine ever permitted by St. Johns River
Water Management District. My concerns for the safety of my children and others
are validated.
The letter to you dated 2-19-99 from Dr. Fischer that starts out " Dear Tracy". Goes
on to say " to better secure the area we are going to place a barrier on the western
section of Concord Street and the lake". Mr. Hass, Concord Street already has a
chain link fence, in fact is the only chain link fence on the property. Does this make
sense to you? You replied to Dr. Fischer "I commend you on your efforts to better
secure the site by adding additional barrier on the western section of Concord St. and
the lake. What efforts are you and Dr. Fischer referring?
My property is on the corner of Dolores St. and Gilson St. Vickers vegetative buffer
has been removed from most of Gilson Street and Lance Street. The water and
mountains of sand are an understandable lure, which creates an attractive nuisance
to the neighborhood. How is the city going to enforce the safety requirement of a
special use Sand Mining permit? A special use permit cannot be detrimental to the
public safety, health or welfare.
Phase 1, 2 and 3 of Vickers 117 acre Sand Mine has not addressed the safety
requirement of LDC 20A-5.29.
• Page 2 April 8, 1999
• All phases of Vickers Sand Mine are required to have a littoral shelf and an
extended littoral shelf according to your code 20A-5.29 (b), (c), (d) and (e). The
littoral shelf starts where the water fluctuates at the water edge and goes down
under the water. There is a different requirement for the slope that starts at the
water edge and goes up and away from the water edge. Is the city enforcing this
requirement?
• A tall barbed wire fence around the whole property would reasonably deter young
people from making a youthful decision to explore mountains of sand, a fleet of
equipment i.e. bulldozers, cranes, barges, giant mulch machine, dump trucks and
a giant pit filled with water.
This is a safety issue, as such it deserves immediate attention.
Thank you,
/J
u- w
Carolyn Corum
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March 23, 1998
City of Sebastian
1255 Main Street
Sebastian, FL 32958
RE: Vickers Grove Sand Mine Permits
Dear Mr. Massarelli,
r 4
V1nrt?'7
5 i�
MAR 24 144
GIiY ftERK'S
OfnGE
City Council Workshop on February 9, 1998, you informed
us that, for the pass 2 years Vickers Grove Annual Progress
Reports have been late & unacceptable, but that you had
notified that applicant and were assured compliance.
On February 20, 1998, I asked to see the Annual Report
that had been brought into compliance. What I was given,
was the same old Report you gave to me back in November, 1997.
I am requesting to see all sand mine permits issued
by the City of Sebastian to the Vickers Grove project,
since your interpretation of code 20A-5.30 d #9, finds it
is not necessary to repeat information already on file.
Also, request the pass 2 years ( 1996 & 1997 ) of Aunnal
Progress Reports, that are in compliance.
1. What is a reasonable amount of time for you as,
Community Development Director, to check your Community
files for the above requested information?
Sincerely,
Corinn VanBuskirk
cc: Mayor & Council
Thomas Frame, City Manager
November 12, 1997 ro
City of Sebastian
1225 Main Street
Sebastian, FL 32958 pF�c��,Qfs99l ,
Dear Mr. Mayor,
I would like to thank your staff for the recent r
regarding, Vickers Grove Sand Mine & Subdivision.
Attached you will find copies of SJRWMD technical staff .
report along with Cumberland Casualty & Surety Co. Bonds.
That indicate 95.4 acres excavated or mined with a total
project site of 117 acres, site plan reflects the same.
$1,000 per excavated acre x 95.4 acres =
JAN �g ��9s
Cirtv cl.Ec;cs
OFFICE
$1,000 per acre of project site x 117 acre site =
1. Can someone explain the inconsistencies with these
Bonds? (Sec. 20A-5.30) e
2. Why is your code not enforced, when the Annual Progress
Report is late, incomplete and unacceptable to City
staff? (Sec. 20A-5.30) 4
(4) tAnnuarprogress report. Tha applicant holding a valid min-
ing permit shall file, on or before October 1 of each year, a
written report with the city building department identify-
ing tha lands mined an'd"reclaimed for the preceding cal.
endaryear kind identifying lands expected to be mined and
lands:,planned for reclamation during the:current year.
"re ftpQCi 0W' also -verify compliance with all. conditions
of athe"PlirY�tittitig. authoritie&and shall note the expire.
tios dQtee:fos••all permits' Failure to file the required an-
nual progress report shall be grounds for suspension of the
oti0stink permit; however, all extension of time for riling
may be granted by the planning and zoning commission
upon written request and for reasonable cause, after hearing,
r�$incerely,
�ro�G
Conrinn /V�anBuskirk
o YA"off
November 12, 1997 REr JIED
0 1310
City of SebastianC�TYCLERWs
1225 Main Street �FF10E
Sebastian, FL 32958 k'9
Dear Mr. Mayor,
I would like to thank your staff for the recent response
regarding, Vickers Grove Sand Mine & Subdivision.
Attached you will find copies of SJRWMD technical staff
report along with Cumberland Casualty & Surety Co. Bonds.
That indicate 95.4 acres excavated or mined with a total
project site of 117 acres, site plan reflects the same.
$1,000 per excavated acre x 95.4 acres =
$1,000 per acre of project site x 117 acre site =
1. Can someone explain the inconsistencies with these
Bonds? (Sec. 20A-5.30) e
2. Why is
Report
staff?
your code not enforced, when the Annual Progress
is late, incomplete and unacceptable to City
(Sec. 20A-5.30) 4
(4) !Annual'progress report. The applicant holding a valid min-
ing permit shall file, on or before October 1 of each year, a
written report with the city building department identify-
ing the -lands mined and reclaimed for. the preceding cal-
endaryear Arid identifying lands expected to be mined and
lands ,planned for reclamation' during the xurrent year.
Thtl'tlspgyt also -verify compliance with all
,conditions
of othetsperttlittingauthorities, and shall note the expire.
tion: d4tWfur all permits. Failure to file the required an-
nual progress report shall be grounds for suspension of the
operlitfng permit, however, an extension of time for filing
may be granted by the planning and zoning commission
upon written request and for reasonable cause, after hearing.
Sincerely,�
Corinn VanBuskirk
0
MANAGEMENT AND STORAGE Oe A E WATER
TECHNICAL STAFF REPORT
ctob
APPLICANT: Henry Fischer
P.O. Box 780068
Sebastian, Florida 32978-0068
AGENT: Mosby & Associates
Attn: Steve Cooper
2455 - 14TH Avenue
Vero Beach, Florida 32960
COUNTY: Indian River PROJECT NAME: VICKERS SAND,MINE
SECTIONS: 17 TOWNSHIP: 31S RANGE: 39E
ACRES OWNED: 117 PROJECT ACREAGE: 117!
AUTHORITY: 40C-4.041(l),(2)(b), F.A.C.
GENERAL DESCRIPTION OF APPLICATION NO. 4-061-0088AM3:•
This application is for the modification of an existing surface water
management system. The proposed modification will include the
enlargement of an existing sand mine.
RECEIVING WATER BODY(ies): Groundwater (CLASS II & OFW)
EXISTING LAND USE: Existing sand mine
OPERATION AND MAINTENANCE ENTITY: Owner
STAFF COMMENTS:
This project is located just south of SR 512 and west of US $1 in the
City of Sebastian. The mine is located within a mile of the Indian
River Lagoon on the Atlantic Coastal Ridge.
The following is a chropology of the District's permitting associated
with this project.
"PROJECT DESCRIPTIM yrEY_AM.49r668BD} PRRIw?'1'09
* 49.5 -ACRE SAND MINE 10/11/88 4-061-0088
TO A DEPTH OF 5 FT. MSL
* SUBDIVISION AROUND THE MINE 1/9/90 4-061-0088M
* DEEPEN 65 -ACRE MINE
2/12/91 4-061-0088M2
TO -40 FT. MSL
This request is associated with the sand mining operation and impacts
the permitted subdivision. The applicant proposes to increase the
excavated area of the mine from 65.2 -acres to 95.4 -acres. Areas that
were proposed to be lots and cul-de-sacs will be excavated.
4.1 Waters
CUMBERLAND , .' ; ;J v.>
CASUALTY &SURETY COMPANY F + 6734
R E S T 0 R A T I';O 'N B NO.: 1
B O N D M40 4502
KNOW ALL MEN BY THESE PRESENTS That we, HENRY A. FISCHER AND
SONS. INC. of SEBASTIAN. FLORIDA (hereinafter called the
Principal) as Principal, and CUMBERLAND CASUALTY & SURETY COMPANY,
a TEXAS corporation with principal offices at 4311 WEST WATERS
AVE., SUITE 401 TAMPA FL 33614 (hereinafter called the Surety)
as Surety, are held and firmly bound unto CITY OF SEBASTIAN
(hereinafter called the Obligee), in the penal sum of FORTY SIX
THOUSAND THREEE HUNDRED EIGHTY DOLLARS AND NO/100 ($46,380.00)-
Dollars,
S46 380 00) -
Dollars, for the payment of which well and truly to be made we do
hereby bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these
presents.
SIGNED AND SEALED this 14TH day of JULY 19 94
WHEREAS, .the said Principal has made or is about to make
application to said Obligee for ( a license as I ( a permit to }
a permit to a mininq operation, tract 95.4 }3CrPR in
for a term beginning on July 14, 1994 and ending on July 14, 1995.
NOW, THEREFORE, If the Principal shall indemnify the Obligee
against any loss directly arising by reason of the failure of said
Principal to comply with the laws or ordinance under which such
license or permit is granted, or any lawful rules or regulations
pertaining thereto, then this obligation shall be void; otherwise
to be and remain in full force and effect.
PROVIDED, HOWEVER, AND UPON T,;E FOLLOWING EXPRESS CONDITIONS:
mr.., NJ
CUMBERLAND
CASUALTY & SURETY CON1PANY
C O M P L I A N.C:E
B 0 N D�.:
4311 West Waters
Suite 401
�.r Tampa, FL 33614
813/885-2112
FAX: 813/885-6734
D r,Nd- : MB
4709
c
.� /
KNOW ALL MEN BY THESE PRESENTS That we/
FISCHER AND
SONS' INC. of
----- SEBASTIAN FLORIDA (hereinafter called the
Principal) as Principal, and CUMBERLAND CASUALTY k SURETY COMPANY,
a TEXAS corporation with principal offices at
4311 WEST WATERS
AVE- SUITE 4.01,TAMPA FL 33614 (hereinafter called the Surety)
as Surety, are held and firmly bound unto CITY OF
SEBASTIAN
(hereinafter called the Obligee), in the penal sum of FIFTY y ONE
rHOUSAmn T� _
Dollars,
for the payment of which well and truly to be made we do
�,.,. hereby bind ourselves
our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these
Presents.
SIGNED AND SEALED this 14TH day of JULY 19 94
WHEREAS, the said Principal has made or
application to said Obligee for is about to make
hermit to a minin o enation tract95.4
as } { a permit to
in Sec- 17 Townshi 31 S_ Range._39E. �;r"acFes in size located
for re uir
ement of comp] i
for a term beginning on Jt
and ending on July 14,
NOta
against
THEREFORE,
;:[ the Principal shall
am
Principal
indemnify
loss directly arising by reason
the Obligee
E
iiconse or
�o comply
of the
with the la:.s or ordinance f`llure
of saic
in i fit'
under
permit' is granted, or any lawfu l ru les
whereto,
which suc
.. ii•3 anr'
•-� in
or
til,,n this Obl iyat ion :>ira 11 1.
recu ]ati.On_
.•raa in
full. Eorca .,nd -n- .c void;
!'I:,t;•.'..
f:h, IIUtt'liViii',
AH -D ui'uit '!•iil;
POL!,:7:';Irtf% ii:il'I(Ii:�:;
r:.,;at�'�•1„�.'�;
)TE a�T�
P TOTAL SITE AREA = 117 ACRES
EXISTING PERMITTED LAKE AREA = ZIg3`1,?oos,F�
PROPOSED LAKE AREA EXPANSION = 1,7151 �.�o S, F. = Y, _ GE>
PROPOSED TOTAL LAKE AREA 4 15� 1 Sc 5. 1 fr. _ `14S .4 a�ES
REFER TO SHEET 3 OF FOR LAKE EXCAVATION V- E,
CALCULATIONS.
PREVIOUS SJRWMD PERMITS:
a.
VICKER'S
LAND MINE I
- N0.
9-061-OOSBA
b.
VICKER'S
LAND MINE II
- NO.
4-061-0088AM
C.
d.
VICKER'S
GROVE MSSW
- NO.
4-087-0088M
VICKER'S
GROVE SUBDIVISION
- NO.
4-061-0088M2
(LAKE DEEPENING)
REFER TO THE CONSTRUCTION DRAWINGS PREPARED BY MASTELLER AND
MOLER ASSOCIATES, INC. DATED OCTOBER 1989 FOR ADDITIONAL
CONSTRUCTION DETAILS. (SJRWMD MSSW PERMIT 4-087-0088M)
REFER TO OVERALL SURVEY COMPLETED BY FOWLER LAND SURVEYING,
DATED MAY 4, 1989.
THE EXISTING SITE CONDITIONS ARE PRESENTLY AN ON-GOING LAND
MINE WITH THE UNMINED AREAS CONSISTING OF OPEN, UNCULTIVATED
AGRICULTURAL LAND WITH MINIMAL VEGETATIVE COVER CONSISTING
OF NATIVE SEDGES AND GRASSES.
ALL SANDMINING OPERATION SHALL BE IN STRICT ACCORDANCE
WITH THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE
SECTION 'LOA -5.19.
THE COMPLETION AND EXPANSION OF THE PROPOSED LAKE SHALL BE
MINED IN THE WET.
STATEMENT OF OPERATION.
a. THE PROJECT IS CURRENTLY UNDER OPERATION.
b. PROPOSED HOURS OF OPERATION ARE 7:00 am TO S:C o �fj
MONDAY THROUGH SATURDAY.
REFER TO SHEET 3 FOR TOTAL ESTIMATE SOILS TO
EXCAVATE.
d• METHOD OF EXTRACTING AND PROCESSING THE EXCAVATED
MATERIAL WILL BE BY DRAGLINE AND DREDGING.
A. OPERATING PRACTICES PROPOSED TO MINIMIZE DUST AND AIR
CONTAMINANTS WILL BE BY GRASSING AND WATERING THE SI -,y
°• RECLAMATION OF THE PROJECT WILL BE BY COMPLETION OF 'I':iE
PROPOSED VICKER'S GROVE SUBDIVISION.
S• EROSION WILL BE CONTROLLED ON-SITE BY THE CONSTRUCTICN
OF THE SANDMINING EXCAVATED BASIN. THERE WILL BE NO
OFF-SITE DIRECT DISCHARGE OF WATER FROM THE LAKE.
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City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 ❑ FAX (561) 589-2566
November 4, 1997
Ms. Corinn VanBuskirk
865 Dolores St.
Sebastian, FL 32958
Dear Ms. VanBuskirk:
In response to your letter of October 20, 1997 to Mayor Barnes, the following information is
provided:
1. Is Cumberland Casualty & Surety Co. aware the mining operation is now permitted by
St. Johns River Water Management District to mine 107.7 acres? Do the current
bonds reflect these changes? What about the mulching project on this site, is that
covered?
I do not know if Cumberland Casualty & Surety Co. is aware of the status of the mining
operation. That question should be addressed to them. The current bonds held by the City
are sufficient for the permitted mining operations. Bonds are not required for the mulching
project.
2. How are the Bond Amounts determined?
Restoration - $46,380.00'
Compliance - $51,380.00
The compliance and restoration bond amounts are determined by Sec. 20A -5.30(e)2. Amount:
'The compliance bond shall be posted in the amount of one thousand dollars
($1,000.00) per acre of the project site with a minimum of five thousand dollars
($5,000.00). The restoration bond shall be posted in the amount of one
thousand dollars ($1,000.00) per acre of excavation with a minimum of five
thousand dollars ($5,000.00)."
The Vickers Grove Sand Mine is comprised of three phases:
Phase 1 = 12.3 acres X$1,000 = $12,300.00
Phase 2 = 17.9 acres X $1,000 = $17,900.00
Phase 3 = 12.3 acres X $1,000 = 12 300.00
$42,500.00
It is my understanding that the site was originally approved as a subdivision with a 65.2 acre
stormwater management tract. The excavation of this area technically is not a "sand mine" nor
was it permitted as a "sand mine". Therefore, a bond was not required for that portion. I can
not explain the inconsistency between the above number and the amount of the bonds
($42,500 vs. $46, 380 and $51,380).
3. /f these bonds are out of compliance, has anyone sought recovery from Cumberland
Casualty & Surety Co.?
These bonds are not out of compliance and therefore recovery has not been sought from
Cumberland Casualty & Surety Co.
4. When you receive the Annual Progress Report for this project, could i please have a
copy.
We have received an annual progress report and a copy is attached for your information. This
report is incomplete and unacceptable. The owner has been notified and a more complete
report has been required. A copy of that will be forwarded to you when we receive it.
If you have any questions concerning these responses or require additional information,
please feel free to contact me.
Sincerely,
Robert J. Massarelli
Community Development Director
cc: Mayor and City Council
Mr. Thomas Frame, City Manager
Henry Fischer V Sons, Inc.
Land Clearing • Top Quality Fill
P.O. Box 780068
Sebastian, Florida 32978-0068
13051 589-3159
February 1, 1988
Dear Property Ownerl
Very shortly you will receive a letter notifying you
that Henry Fischer & Sons, Inc. has applied for a mining
permit.
This letter is to assure you that there will be no
activity near your home, and there will be no trucks
driving down your road. The trucks will be using U.S. lll,
and will not be traveling on either Lance or Gilson Street.
You will not, at any time, be bothered by any noise or
traffic. The work that will be done is the same work tlia•t '
we have been doing in that area for the past seven years.
In addition, we will stay back 150' from our boundary lines.
The groves will remain the same.
The end result will be a subdivision with a lake, similar
t to South Moon Under, Roseland Acres and San Sebastian Springs.
This subdivision will enhance the area, as well as raise the
value of your homes or property. In addition, there mny be
a sixty foot park strip dedicated to the City of Sebastian.
If you have any questions or comments, please feel free
to contact Carl Fischer at 589-3159, between the hours of
8:00 a.m. and 5:00 P.M.
Sincerely
HENRY FISC ER SONS, INC.
Carl A. Fischer
CAF :sf
MANAGEMENT AND STORAGE OF SURFACE WATER TECHNICAL STAFF REPORT
October 26, 1993
APPLICANT: Henry Fischer
P.O. Box 780068
Sebastian, Florida 32978-0068
AGENT: Mosby & Associates
Attn: Steve Cooper
2455 - 14TH Avenue
Vero Beach, Florida 32960
COUNTY: Indian River PROJECT NAME: VICKERS SAND MINE
SECTIONS: 17 TOWNSHIP: 31S RANGE: 39E
ACRES OWNED: 117 PROJECT ACREAGE: 117
AUTHORITY: 40C-4.041(l),(2)(b), F.A.C.
GENERAL DESCRIPTION OF APPLICATION NO. 4-061-0088AM3:
This application is for the modification of an existing surface water
management system. The proposed modification will include the
enlargement of an existing sand mine.
RECEIVING WATER BODY(ies): Groundwater (CLASS II & OFW)
EXISTING LAND USE: Existing sand mine
OPERATION AND MAINTENANCE ENTITY: Cwner
STAFF COMMENTS:
This project is located just south of SR 512 and west of US $1 in the
City of Sebastian. The mine is located within a mile of the Indian
River Lagoon on the Atlantic Coastal Ridge.
The following is a chronology of the District's permitting associated
with this project.
PROJECT DESCRIPTION A-DliRIIr17�6SUE1� PERMIT NO.
* 49.5 -ACRE SAND MINE 10/11/88 4-061-0088
TO A DEPTH OF 5 FT. MSL
SUBDIVISION AROUND THE MINE 1/9/90 4-061-0088M
* DEEPEN 65 -ACRE MINE 2/12/91 4-061-0088M2
TO -40 FT. MSL
This request is associated with the sand mining ops:ration and impacts
the permitted subdivision. The applicant proposes to increase the
excavated area of the mine from 65.2 -acres to 95.4 -acres. Areas that
were proposed to be lots and cul-de-sacs will be excavated.
1
,r�
'I ;� The 'applicant has demonstrated that the runoff generated
i� from the
Proposed lots will be treated prior to discharging to the from
sand mine. A 15 -foot dry retention Swale is proposed at the rear lot
lines. After one foot of retention depth in the Swale, the inflows
to the lake will be via a C-type drop structure with 50 -feet of 18 -
inch ADS pipe. The mine will retain the runoff from the 100-year/24-
hour design storm. There are no outfall control structures proposed
with this lake.
The pit expansion will impact a fringe of wetland vegetation which
has grown up along the present borders of the pit. The vegetation is
composed largely of cattails and primrose willow with scattered areas
Of torpedo grass and Hydrocotyle. An extent of approximately one
acre of littoral zone will be impacted as a result of the borrow pit
expansion. The proposed slopes around the borrow pit extension will
be similar to the present slopes and it is likely that a similar
fringe of wetland vegetative will establish along the new borders.
Staff believes that this project as conditioned is consistent with
the goals and objectives of the District pursuant to Chapter 40C-4
and Chapter 40C-42 F.A.C..
TOTAL WETLANDS INVOLVED:
Unknown
TOTAL WETLANDS PRESERVED:
Unknown
TOTAL, WETLANDS DISTURBED;
1.00
TOTAL WETLANDS LOST:
0.00
TOTAL WETLANDS RESTORED/CREATED:
0.00
TOTAL WETLANDS ENHANCED:
0,00
RECOMMENDATION: APPROVAL
CONDITIONS FOR APPLICATION NUMBER 4-061-0088AM3:
GENERAL (SEE CONDITION SHEET): 1-8
SPECIAL (SEE CONDITION SHEET): 1, 29, 37
OTHER CONDITIONS:
CONDITIONS 1-7'APPLYIT0 PERMIT #4-061-008gM
(VICKER'S GROVE SUBDIVISIOIQ :
1. This permit for construction will expire on January 9,,1995!p
2. Construction or alteration of the surface water management
system must be completed and all disturbed areas must be
stabilized in accordance with permitted plans and permit
conditions. prior to any of the following events (whichever
occurs first): issuance of a certificate of occupancy, use of
the infrastructure for its intended use, or transfer of
responsibility for operation and maintenance to a local
government or other responsible entity.
3. At a minimum, all retention and detention storage areas must be
excavated to rough grade prior to building construction or
placement of impervious surface within the area to be served by
those facilities. To prevent reduction in storage volume and
percolation rates, all accumulated sediment must be removed from
the storage area prior to final grading and stabilization.
4. The data collected for the water quality monitoring program must
be submitted to the District annually by January 30 of each year
for the preceding calendar year using the appropriate District
Form (EN -16 -EN -20) or an equivalent format approved by the
District staff.
5. Prior to sale or construction of the industrial and residential
lots, the permittee must submit construction plans for the water
distribution system indicating that the water supply is from an
off-site municipal source.
6. Permittee must continue to monitor the existing test wells for
chloride content, PH, Major ions, and MSL water elevations
quarterly during the remainder of the sand mining operation and
during the construction and operation of the surface water
management system. Prior to taking samples, each monitoring
well must be flushed with 5 well volumes of water.
7. Landscape irrigation shall be done on a lot -by -lot basis with a
maximum of one 2 -inch well per lot. All wells, with the
exception of those west of the lake, shall be installed no
deeper than the top of the clay confining unit in the consultant
report overlying the tamiami limestone identified (figures 2A
and 2), Geraghty and Miller, May 1988).
CONDITIONS 8-15'APPLX.20..:PERMIT #4-061-0088M2,
(VICKER'S GROVE>:SAND MINE'.AND SUBDIVISIONF:
8. This permit for construction will expire on February 12, 1996.
9. Mining must be accomplished by wet dredge onlyp If dewatering
is to occur within the' project area, a modification to this
permit and a Consumptive Use Permit-) must be obtained prior to
any dewaterin .
10. Two new monitor wells shall be installed at the locations of
existing monitor wells VM -1 and VM -2. These must have 20 feet
of screen and the bottom of the screened interval must be placed
at the base of the Anastasia Formation.
11. The two new monitor wells shall be analyzed four times per year
for major ions: chlorides, sulfate, calcium; magnesium, sodium,
potassium, carbonate (field and lab) and bicarbonate; plus,
VV
temperature (field), specific conductance (field), pH (field and
lab). The major ion analyses must balance within 5% prior to
submittal.
The analyses must be conducted by an FDER Certified Laboratory
and the results submitted to the District w^_thin 15 days of
receipt from the laboratory.
12. Monitor wells VM -6 and VM -7 must be analyzed twice per year for
the parameter listed in Condition 2 above and the results
submitted to the District's Melbourne Office within 15 days of
receipt from the laboratory.
13. Water levels shall be measured in all monitor wells when water
quality samples are collected. These must be submitted to the
District's Melbourne Office on a quarterly basis.
14. Water level and water quality monitoring shall continue as
described in Conditions No. 2, 3, and 4 for a minimum of 10
years after the date of permit expiration. ,,..
15. The bottom elevation of the lake must be no deeper than 40 MSL
or the bottom of the Anastasia formation or the top of the
Tamiami formation, whichever is shallower. The permittee must
submit as -built plans signed and sealed by a Florida Registered
Professional Engineer within 30 days after completion of the
mining operation certifying that the bottom elevation of the
lake is per permitted plans.
CONDITIONS 16-17 APPLY TO PERMIT #4-06170088AM3
(PICKER'S SAND MINEY:
16. The proposed surface water management system must be constructed
as per plans received by the District on September 20, 1993 and
October 4, 1993.
17. Prior to lot on unit sales, or upon completion of the borrow pit
operation, whichever occurs first, the District must receive the
final operation and maintenance document(s) approved by the
District and recorded, if the latter is appropriate. For those
systems which are proposed to be maintained by county or
municipal entities, final operation and maintenance documents
must be received by the District when maintenance and operation
of the system is accepted by the local government entity.
Failure to submit the appropriate final document will result in
the permittee remaining personally liable for carrying out
maintenance and operation.of the permitted system.
JENNINGS/GRONCESKI
INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT
TECHNICAL STAFF REPORT
April 7, 1997
Applicant:
Dr. Henry A. Fischer
P.O. Box 780068
Sebastion, Florida 32978
Consultant:
4--�y-97
Randy Mosby, P.E.
Mosby and Associates, Inc.
2455 14th Avenue
Vero Beach, Florida 32960
County: Indian River Project Name: VICKER'S GROVE SAND
MINE/SUBDIVISION
Section: 17 Township: 31S Range: 39E
Acres Owned: 117 Project Acreage: A'
Authority: chapter 373 F.S.; chapter 40C-4 F.A.C. F.A.C.
1� Basin Code: 10E
General Project Description of Application No. 4-061-0088AM5-ERP: This
application is for the modification of an existing surface water management system. The
proposed modification will include expansion of an existing 95.4 -acre borrow pit to 107.7
acres. •
Receiving Water Body(ies): Indian River Lagoon (Class III)
Existing Land Use: borrow pit
Operation and Maintenance Entity: owner
Easements/Restrictions: NO
Staff Comments:
This project is located just south of State Road -512 and west of US -1 in the City of
Sebastian and presently consists of a 95.4 -acre borrow pit. This modification is to expand
the borrow pit by 12.3 acres. The expansion will be along the eastern edge of the existing
pit and will be within proposed industrial lots and an access road permitted under MSSW
permit'#4-061-0088. The road right -of way will be relocated and the size of the industrial
lots will be reduced to provide for the expansion.
LEGAL BASIS AND GENERAL PROVISIONS § 20A-5.30.
20A-5.22. Any request for a mining permit shall be considered to
be an application for a special use permit, and the procedure set
forth in section 20A-2.0 of this Land Development Code shall be
followed.
(b) Applicatimt procedures. Mining permit applications shall
be made in the building department in accordance with site plan
submittal requirements set forth in Article X, "Site Plan Re-
view." The site plan application must demonstrate conformance
with all city codes, and include the following specific submittal
requirements:
(1) A mining plan, including:
(i) Plan review and cross-sections of mining areas;
(ii) Amount of fill to be removed, expressed in cubic yards;
(iii) Timetable of mining activity;
(iv) Method of mining;
(v) $ours of operation; and
NO Safety and security plan.
(2) A restoration plan, including:
(i) A description of the eventual future use of the site;
(ii) Final grades of the site.
(c) Conditions of the mining permit.
(1) The maximum project -site development phase for mining
activities shall not exceed twenty (20) acres.
(2) No mining shall occur within one hundred fifty (150) feet
of a projected right-of-way, line of any existing or proposed
public road, nor within one hundred fifty (150) feet of the
outer perimeter of the project site. Where a mining opera-
tion consists only of the removal of a mound and does not
consist of lowering the elevation of ground below the neigh-
boring property, an exception to the one hundred fifty (150)
foot setback may be permitted at the time of site plan
approval.
(3) Any mining activity that results in the creation or expan-
sion of a water body shall be subject to the provisions of
section 20A-5.29. Projects creating water bodies must also
Supp. No. 6 NOW
Memo Number
Date
Page
97064467
09/03/97
1 of 1
Sid Banack Insurance
2045 - 14th Avenue
P.O. Box 130
Vero Beach, FL 32961
561-562-3369 Voice * 561-562-3466 FAX
MEMO
To: CITY OF SEBASTIAN, FLORIDA
PO BOX 127
SEBASTIAN, FL 32958
RE: RESTORATION BOND Pol: MB004302
Customer: Henry Fischer & Sons, Inc. <HENRFI>
Insurance Carrier: CUMBERLAND CASUALTY & SURETY CO
Effective Date: 07/14/97 Expiration Date: 07/14/98
Policy Type: Bonds
ATTACHED PLEASE FIND CONTINUATION CERTIFICATE FOR THE ABOVE NAMED INSURED
FOR THEIR RESTORATION BOND.
IF YOU SHOULD HAVE ANY QUESTIONS, PLEASE ADVISE.
CC: HENRY A. FISCHER & SONS, INC.
From: Sandra Yencho
Customer Service Representative
:3::: .. MMMO'i.:�' <..�'f.^"�e...^ye.Y. .:::..`wMI
CONTINUATION CERTIFICATE
In consideration of premium charged,
CUMBERLAND CASUALTY & SURETY COMPANY
BOND No. WMBN362
Dated 7/14/1997
in the amount of 46,380.00 Dollars
on behalf of HENRY A FISCHER & SONS, INC
as Principal,
in favor of CITY OF SEBASTIAN
beginning July 14, 1997
and ending July 13, 1998
hereby continues in force
subject to all the terms and conditions of said bond;
PROVIDED that the liability of CUMBERLAND CASUALTY & SURETY COMPANY
shall not exceed in the aggregated the amount above written, whether the loss shall have
occurred during the term of said bond or during any continuation or continuations thereof,
or partly during said term and partly during any continuation or continuations thereof.
Signed and Sealed this August 22, 1997
By:
CUMBERLAND CASUALTY & SURETY COMPANY
Karen Traynham,
ATTORNEY IN FACT
Agent
for the period
Memo Number Date Page
97064469 09/03/97 1 of 1
Sid Banack Insurance
2045 - 14th Avenue
P.O. Box 130
Vero Beach, FL 32961
561-562-3369 Voice * 561-562-3466 FAX
MEMO
To: CITY OF SEBASTIAN, FLORIDA
PO BOX 127
SEBASTIAN, FL 32958
RE: COMPLIANCE BOND Pol: MB004709
Customer: Henry Fischer & Sons, Inc. <HENRFI>
Insurance Carrier: CUMBERLAND CASUALTY & SURETY CO
Effective Date: 07/14/97 Expiration Date: 07/14/98
Policy Type: Bonds
ATTACHED PLEASE FIND CONTINUATION CERTIFICATE FOR THE COMPLIANCE BOND FOR
THE ABOVE NAMED INSURED.
IF YOU HAVE ANY QUESTIONS, PLEASE ADVISE.
CC: HENRY A. FISCHER & SONS, INC.
From: Sandra Yencho v`
Customer Service Representative
?Am==D- 0
>:.:
'. tix.:.... '. fi'x;:�><f�.'."37�j:'s`:y",,.'.yN*•,�'�,M1y:; x:"""..:Y:.3.w ..;:.;;.. :'�s
CONTINUATION CERTIFICATE
In consideration of premium charged,
CUMBERLAND CASUALTY & SURETY COMPANY
BOND No. :MB004709
Dated 7/14/1997
in the amount of 51,380.00
on behalf of HENRY A FISCHER & SONS, INC
, as Principal,
in favor of CITY OF SEBASTIAN
beginning July 14, 1997
and ending July 13, 1998
hereby continues in force
Dollars
subject to all the terms and conditions of said bond;
PROVIDED that the liability of CUMBERLAND CASUALTY & SURETY COMPANY
shall not exceed in the aggregated the amount above written, whether the loss shall have
occurred during the term of said bond or during any continuation or continuations thereof,
or partly during said term and partly during any continuation or continuations thereof.
Signed and Sealed this August 22, 1997
CUMBERLAND CASUALTY & SURETY COMPANY
By. .4� �C�y
Steven Schumacher, ATTORNEY IN FACT
Karen
Resident Aaent
for the period
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LOCATION MAP
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SITE INFORMATION
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OWNER
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HENRY A. FISCHER
U.
10729 U.S. HIGHWAY 1
SEBASTIAN, FLORIDA 32958
561-589-3159
SURVEYOR
IC
FOWLER LAND SURVEYING, INC.
929 - 7TH AVENUE
VERO BEACH, FLORIDA 32962
561-562-4744
I
ZONING
Z
IN
LAND USE
I
SITE DATA
TOTAL SITE AREA = 117 Ac t
PHASE III AREA 535,780 SF - 12.30 Ac
PHASE III VOLUME . 1,167,250 Cy
CONSTRUCTION SCHEDULE
START CONSTRUCTION MARCH, 1997
FLOOD ZONE
THE SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE 'X'
PER F.I.R.M. PANEL No. 120 61C 0079 F, DATED JULY 2, 1992.
DRAINAGE DATA
DRAINAGE AND STORMWATER MANAGEMENT IS AS DETAILED IN PERMITTING FROM
ST. JOHNS TOMWATER
MANAGEMENTRI RACVER Tf"A7 ISATER )THE RECEIVNIGAGEMENT TBODYRICT(OF WATER FORSALLRUNOFF.
NO MODIFICATION TO THE STORMWATER MANAGEMENT SYSTEM IS REQUIRED.
LITTORAL ZONES
WETLANDS CREATED HEREON ARE UNDER THE JURISDICTION OF S.J.R.W.M.D.
THE S.J.R.W.M.D NO LONGER REQUIRES LITTORAL ZONES.
SA'FeTY and aGeOURIITY
OHE:' Ef9fi . _,:IR:-.ri mor..,_
ROAD. — .._ ••�.�•"•`-.mnr crvrn.vvt.t':EN'DCING
HAUL ROUTES
NO MODIFICATION WILL BE REQUIRED TO THE HAUL ROUTE CURRENTLY
USED TO ACCESS THE EXISTING MINING OPERATIONS. ACCESS IS VIA
VICKERS ROAD TO U.S. HWY 1.
RECLAIMATION PLAN
THE EVENTUAL FUTURE USE OF THE SITE WILL BE BY COMPLETICN OF THE
PROPOSED V!rKcp•S GROVE SUBDIVISION.
CURB CUTS AND DRIVEWAYS
"r:ERE ARE NO DRIVEWAYS OR CURB CUTS ASSOCIATED WITH THIS PROJECT.
PARKING SPACES
THERE ARE NO PAVED PARKING AREAS ON-SITE, HOWEVER, UNPAVED PARKING
AREAS ARE AVAILABLE FOR EMPLOYEE PARKING.
SURFACE MATERIALS
TI -IE ROADWAYS IJT;LIZED ON-SITE DURING MINING OPERATIONS WILL HAVE
3TA9ILIZED EARTr, SURFACES.
NUMBER OF EMPLOYEES
THE NUMBEP o= EMPLOYEES WILL VARY BETWEEN 4 AND IO PERSONS
DEPENDING UPON CI.;PRENT WORK LOAD.
TYPE OF VEHICLES
CE:FERAc TYPES OF VEHIC,.ES WILL OPERATE
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!L SITE AREA - 117 ACRES +/-
'TING PERMITTED LAKE AREA = 21a39,2aos.f = &5.2 A-_-RE55
)OSED LAKE AREA EXPANSION =
)OSED TOTAL LAKE AREA = 4. 154
PR TO SHEET 3 OF q FOR LAKE EXCAVATION VOLUME
;ULATIONS.
/IOUS SJRWMD PERMITS:
VICKER'S
LAND MINE I
- NO.
9-061-0088A
VICKER'S
LAND MINE II
- NO.
9-061-0088AM
VICKER'S
GROVE MSSW
- NO.
9-087-0088M
VICKER'S
GROVE SUBDIVISION
- NO.
9-06.1-0088M2
(LAKE DEEPENING)
sR TO THE CONSTRUCTION DRAWINGS PREPARED BY MASTELLER AND
sR ASSOCIATES, INC. DATED OCTOBER 1989 FOR ADDITIONAL
1TRUCTION DETAILS. (SJRWMD MSSW PERMIT 9-087-0088M)
'R TO OVERALL SURVEY COMPLETED BY FOWLER LAND SURVEYING,
iD MAY 9, 1989.
EXISTING SITE CONDITIONS ARE PRESENTLY AN ON-GOING LAND
WITH THE UNMINED AREAS CONSISTING OF OPEN, UNCULTIVATED
CULTURAL LAND WITH MINIMAL VEGETATIVE COVER CONSISTING
ATIVE SEDGES AND GRASSES.
SANDMINING OPERATION SHALL BE IN STRICT ACCORDANCE
THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE
ION 1GA-5.19.
COMPLETION AND EXPANSION OF THE PROPOSED LAKE SHALL BE
,D IN THE WET.
'EMENT OF OPERATION.
THE PROJECT IS CURRENTLY UNDER OPERATION.
PROPOSED HOURS OF OPERATION ARE 7:00 am TO 5:00 PNI
MONDAY THROUGH SATURDAY.
REFER TO SHEET 3 FOR TOTAL ESTIMATE SOILS TO
EXCAVATE.
METHOD OF EXTRACTING AND PROCESSING THE EXCAVATED
MATERIAL WILL BE BY DRAGLINE AND DREDGING.
OPERATING PRACTICES PROPOSED TO MINIMIZE DUST AND AIR
CONTAMINANTS WILL BE BY GRASSING AND WATERING THE SITE.
RECLAMATION OF THE PROJECT WILL BE BY COMPLETION OF THE
PROPOSED VICKER'S GROVE SUBDIVISION.
EROSION WILL BE CONTROLLED ON-SITE BY THE CONSTRL'CT-28N-
OF THE-SANDMi-NING -EXCAVATED BASIN. THERE WILL BE NO
OFF-SITE DIRECT DISCHARGE OF WATER FROM THE LAKE.
LEvaL L�EScRiFTiz rH
A parcel of land situate in d portion of Section 17, Township 31
Range 39 East, Indian River County, Florida, and being more particularly
ibed,as follows:
The Southwest quarter of the Southwest quarter; and the South half of the
half of the Northwest quarter of the Southwest quarter; and the South
er of the Northeast quarter of the Southwest quarter; and the Southeast
er of the Southwest quarter and the Southwest quarter of the Southeast
er - all lying West of the Florida East Coast Railway right-of-way; and
outheast quarter of the Southwest Quarter of the Northwest Quarter; and
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ON
City 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 �5' ��-
Tracy E. Hass
Planner II
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 - 1" 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.
1
10
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 (2nd 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 - V 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- 2nd
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.
2
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.
M
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.
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.
1
The commission did not state any objections to the proposals give by Dr. Fischer.
Motion by Mr. Thompson, seconded by Mr. Wadsworth, to send a letter to the
Mayor and City Council recommending that the request for annexation be
approved.
3/11/97 Attorney Palmer read, for the first time, by title only, the following ordinance:
A. First Reading, set public hearing - an ordinance annexing three parcels of land:
Parcel A located in the NW '/4 of Section 20, Township 31 South, Range 39
East and Parcel B parts one and two being the Southeast quarter and the
Southwest quarter of the South-West quarter and other lands in Section 17,
Township 31 South, Range 39 East and part three thereof in Section 20,
Township 31 South, Range 39 East and parcel C parts one and two being the
N.W. '/4 of the N.W. '/4 of the S.W. '/a, and other lands in Section 17,
Township 31 South, Range 39 East, all such property being West of the
Florida East Coast Railroad right of way and West of Whispering Palms
Mobile Village and consisting of 151.6 acres, more or less; providing an
effective date.
Motion by Roth/Vallone
I move we accept the first reading, as read by the City Attorney, by title,
and set for Public Hearing on the April 8, 1987, Regular City Council
Meeting.
Jim Gallagher, Sebastian General Partnership, B.F.T., said it was their intention to
continue to mine the property.
Roll Coll on the motion carried unanimously. (5-0)
4/8/87 Attorney Palmer read Ordinance No. 0-87-10, by title only. (1" reading 3/11/87,
advertised 3/16, 3/23, 3/30, 4/6/87, public hearing 4/8/87).
Mayor Harris opened the public hearing at 7:10 p.m. and called for public input.
There being no public input, Mayor Harris closed the public hearing at 7:11 p.m.
Motion by MetcaWVallone
I move we postpone final action on Ordinance No. 0-87-10 until the next
regular meeting.
Councilman Metcalf recommended taking final action on public hearing matters at
the next regular meeting after public hearing.
2
Discussion took place on bond requirments for sandmining. Attorney Palmer said
all laws applicable to a specific zoning apply up annexation of any property. Jim
Gallagher, Sebastian General Partnership, B.F.T., said they intend to abide by all
city laws.
Jim Gallagher, Sebastian General Partnership, B.F.T., said there were no
development plans at this time.
Roll Call on the motion failed. (2-3) Roth, McCarthy, 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 Callon the motion carried (3-2) Metcalf, Vallone -Nay. 4
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
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. (I" read 4/8/87, advertised 5/1/87, public hearing 5/13/87.
Attorney Palmer read Resolution R-87-19 by title only
Dr. Henry Fischer read a letter from Randy Mosby to Mayor Harris dated May 27,
1987
The City Clerk reminded Council that this item must be taken off the table by
motion.
Motion by Roth/McCarthy
I move we take Resolution No. R-87-19 off the table for action.
Roll call on the motion carried unanimously. (5-0).
Motion by McCarthy/Roth
I move we adopt Resolution No. R-87-19, as read by the City Attorney by
title only.
Councilman Metcalf recommended that Council wait for a letter from Eddie Carr
stating that no permits are required from St. John's River Water Management
District.
It was general consensus of the rest of Council that Randy Mosby of Mosby and
Associates was putting his reputation on the line by saying he had received verbal
confirmation from Mr. Carr.
Roll Call on the motion carried unanimously. (5-0)
6/10/87 Ordinance No. 0-87-10, annexation of Fischer property was discussed. Attorney
Palmer stated that a thirty foot parcel included in the annexation Ordinance was in
error.
Vice Mayor Roth requested a letter addressed to the City Council to this effect
from Attorney Palmer and that it be placed on the June 24, 1987 agenda.
4
Attorney Palmer said that the Ordinance has since been rewritten with the correct
legal description and a public hearing was not necessary unless the City Council
wants to have one.
Councilman Metcalf recommended holding a public hearing on the ordinance
again.
Mayor Harris said the thirty feet in error was not contiguous to the City and
creates an enclave. He said he had gone over it with Attorney Palmer and Jim
Gallagher and discovered the thirty feet was not to have been included in the
Ordinance.
Jim Gallagher said the thirty feet was merely an access road into the sand pit and if
the City Council wishes to leave it they may do so.
6/24/87 An Ordinance annexing three parcels of land: Parcel A being part of the Northeast
quarter of Section 20, Township 31 South, Range 39 East, and Parcel B parts one
and two being the Southwest quarter of the Southwest quarter and the Southeast
quarter of the Southwest quarter of the Northwest quarter and other adjacent lands
all in Section 17, Township 31 South, Range 39 East; and parcel C parts one and
two being the Northwest one quarter of the Northwest one quarter of the
Southwest one quarter and the South one half of the Northwest one quarter of the
Northwest one quarter of the Southwest one quarter, all of parcel C being in
Section 17, Township 31 South, Range 39 East; all such property being West of
the Florida East Coast Railroad right of way and West of Whispering Palms
Mobile Village and consisting of 150.654 acres, more or less; providing an
effective date. (1°` reading 3/11, advertised 3/16, 3/23, 3/30, 4/6, public hearing
4/8, 2`1 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.
g
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).
21
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
f 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 carred 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 Tun Wheatley, a hydrologist on the project to answer any questions
Council had on the environmental impact of the project.
Eric Pollard, Breezy Village, Inc., urged Council to deny the request for a special
use permit based on Fischer & Sons, Inc., past performance at a sandmining
operation South of Breezy Village. He presented Council with photographs of
that project.
7
I
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.
91
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.
9
3/23/88 Resolution No. R-88-19 (Carried over from public hearing on 3/9/88.
Councilman Vallone questioned whether parliamentary procedure was followed by
this item being automatically carried over to this meeting after a motion to approve
died for lack of a second at the March 9, 1988 meeting.
Attorney Palmer said the item was back on the agenda because the City Clerk was
instructed to do so by the Mayor and no one overruled his request.
Randy Mosby, Mosby & Associates, recommended approval for the request
Motion by Roth/McCarthy
I move we adopt Resolution No. R-88-19 as read by title only at he March
9, 1988 regular meeting.
Motion by Metcalf/Vallone
I move we lay Resolution No. R-88-19 on the table.
Roll Call on motion to table failed (2-3) Nay - Roth, McCarthy, Harris
James Fraezie, Hydrologist, St. John's River Water Management District, said the
application case number 4-061-0088AM 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.
10
Mayor Votapka placed discussion of this item under the July 6, 1988 agenda item
"Agenda items for proposed meeting with County Commission".
The City Manager said he had requested Councilman Metcalf to place this item on
the agenda since it is appropriate to request a written opinion of the City Attorney
as a legislative action of the City Council.
Motion carried unanimously (5-0).
7/13/88 Attorney Nash reiterated that the opinion of County Attorney Collins was that the
County Sandmining ordinance does not directly regulate sandmining operations in
the City of Sebastian. He said they were still researching the issue as to whether
this City does decide to pass an ordinance with similar regulations would it affect a
special Use Permit granted by resolution earlier this year.
Councilman Metcalf said he intended to submit a revised sandmining ordinance.
7/21/88 Randy Mosby and Dr. Fischer represent Fischer Industrial Subdivision.
Mr. Cooper speaks before the applicants regarding changing the zoning of the
property.
Zoning on property is still with the county and according to the city attorney,
leaving it as such, would require going by the county subdivision ordinance.
Randy indicates that a waiver can be attained from the county to allow the city to
review and approve under city regulations and not county.
Tommie Thompson speaks and states he remembers a letter from the county
regarding the ordinance and states the county doesn't want to be involved.
After much discussion regarding these items, a motion to postpone to the next
meeting was made by Mr. Wadsworth, seconded by Mrs. Poole, passed six to one
with Mr. Krulikowski voting nay.
7/27/88 Proposed draft of sandmining ordinance.
Councilman Metcalf had presented to Council, in their agenda packets, a draft of a
proposed sandmining ordinance. He requested the City Attorney review the draft
and report back to Council.
Motion by Metcalf/Vallone
I move Council forward a draft of the proposed ordinance with respect to
sandmining and excavation to the City Attorney for review and redraft.
11
Mayor Votapka said he would submit a copy of the proposed ordinance with
corrections had made to the City Attorney. Attorney Nash said he would welcome
the input.
This item was scheduled for the September 7, 1988 workshop.
Voice vote on the motion carried.
8/18/88 Planning and Zoning Commission Vickers review preliminary plat - recommend
approval to City Council.
9/21/88 Ordinance No. 0-88-27
An ordinance of the City of Sebastian, Indian River County, Florida, repealing
Section 20A-5.19, Sand Mining: Special User Permit required, of the land
development code; creating a new Section 20A-5.19, excavation and fill, purpose:
creating'a new Section 20A-5.20, definitions; creating a new Section 20A-5.21,
prohibited activity with regard to excavating, filling or mining real property;
creating a new Section 20A-5.22 providing exemptions from permitting
requirements related to excavating, filling, or mining real property; preserving
Sections 20A-5.23 through 20A-5.27 for future use; creating a new section 20A-
5.29, water management standards; creating a new section 20A-5.30,
promulgating mining permit regulations; reserving Sections 20A-5.31 through
20A-5.34 for future use; creating a new section 20A-5.35 regarding the use of
filling, or mining of real property; creating a new 20A-5.36, promulgating
standards for the duration and completion of permits; creating a new Section 20A-
5.37, providing a procedure for inspection and revocation of permits; reserving
sections 20A-5.38 through 20A-5.42 for future use, creating a new section 20A-
5.43, providing for mining permit fees; creating a new section 20A-5.44, providing
a procedure for appeals; creating a new section 20A-5.45, establishing violations
and penalties; providing for repeal of ordinances or parts of ordinances in conflict
herewith; providing for codification; providing for severability; providing an
effective date.
Mayor Votapka said that this agenda item was a result of lack of time for review
for the September 7, 1988 workshop meeting. Councilman Metcalf said this
ordinance was a team effort of the county sandmining ordinance, the Mayor's
amendments to it, and Attorney Nash's input which are in line with 163 Florida
Statutes.
Motion by McCarthy
I move we adopt the Indian River County sandmining ordinance as
amended.
Motion died for lack of second.
12
Discussion took place on the inclusion of fill in the city ordinance that does not
appear in the county ordinance.
Attorney Nash said the ordinance as presented was a result of the version of the
county ordinance presented by Councilman Metcalf with changes made in
accordance with the Mayor's comments and the other corresponding sections
contained in the Code of Ordinances relating to this type of Ordinance.
Discussion took place on page 10, Section 20A -5.30C(4), conditions of mining
permit.
Councilman McCarthy questioned the City Attorney that if Council adopts this
ordinance, elevation footage is limited and a hardship is placed on the owner of a
current sandmine operation would the City be responsible for reimbursement to
him for monetary losses. The City Attorney said he had no answer this evening
but that -it was his understanding that there is no current permittee existing under
the current Sebastian sandmining ordinance, since the permit recently annexed land
into the city that had never been rezoned was still under the auspices of the county
land use regulations until such time as the property is rezoned.
After discussion took place on page 10, Section 20A -5.30C(4), Conditions of
Mining Permit, advice from the City Attorney was given regarding this matter, and
concurrence of the Building Official, it was amended as a result of a unanimous
consensus poll to read as Indian River County Ordinance No. 88-21 read in its
section (6)c(4).
Mayor Votapka instructed the Building Official and City Attorney to look into
language on small ponds which is currently in the county sandmining ordinance.
The City Attorney said he felt that this item would come under Section 20A-5.22
(f). The Building Official said he felt it would be advisable to be more specific.
The Building Official said Type A screening verbiage needs to be added.
After some discussion on the matter, the Building Official was instructed to
contact the County Official responsible and inquire why the single family fill permit
provision and other provisions regarding fill permits were taken out of the adopted
County ordinance.
Mayor Votapka instructed Attorney Nash to check into the difference in the city
(page 8, item (e) one foot vertical to four feet horizontal) and county ordinances
(one foot vertical to four foot horizontal) regarding the slope of the littoral zone.
He also said that in the same section, square footage should read fifteen feet
instead of eighteen.
13
Jim Gallagher said Bob Keating was the County official whom the Building Official
should contact.
Mayor Harris instructed the Building Official to contact Mr. Keating in writing and
further discussion of Ordinance No. 0-88-27 was scheduled for the October 5,
1988 workshop.
9/29/88 Public hearing on Vickers Industrial Subdivision - 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.
W. 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 - 2"d 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 (3rd Draft)
Attorney Nash read Ordinance No. 0-88-27 for the first time by title only.
Motion by Vallone/Metcalf
I move we accept the first reading of Ordinance No. 0-88-27 and set it for
public hearing on November 30, 1988.
Motion carried unanimously.
11/30/88 First Reading, Public Hearing, Transmit to DCA - Ordinance No. 0-88-30 -
Vickers Comprehensive Land Use Amendment.
An ordinance of the City of Sebastian, Indian River County, Florida,
pertaining to a change in the comprehensive land use plan; amending the
comprehensive land use plan map from Indian River County IL district to
15
City IN (industrial) district for land located in the Southeast section of the
City, approximately 35 acres more or less located on the West side of the
Florida East Coast Railway right-of-way; providing for repeal of
ordinances or parts of ordinances in conflict herewith; providing for
severability; providing an effective date.
Attorney Nash read Ordinance No. 0-88-30 for the first time by title only.
Mayor Votapka opened the public hearing at 7:20 p.m.
The Director of Community Development presented a location map of the
previously annexed subject area and remarked that the applicant has concurred to
provide an additional twenty foot right-of-way for Concord Avenue for a full sixty
feet and a fifty foot buffer.
Attorney Steven Lulich, representing the applicant, requested that the applicant not
be denied an amendment to the comprehensive land use plan and rezoning due to
moneys expended by the applicant since the time of annexation approval. He cited
the cases of City of Hollywood vs. Hollywood Beach Hotel and City of Gainesville
vs. Bishop.
Victor Williams, 358 (inaudible), questioned possible truck traffic on Concord,
buffer area, and permitted industrial use for IN zoning.
Robert Fullerton stated that the owners of the adjacent mobile park, Whispering
Palms, had no objections to the land use change and rezoning.
Mayor Votapka closed the public hearing at 7:35 p.m.
Motion by Roth/McCarthy
I move we accept Ordinance No. 0-88-30 on first reading and transmit it
to the Department of Community Affairs.
Motion carried unanimously (5-0).
First Reading - Ordinance No. 0-88-31 - Vickers Rezoning
An ordinance of the City of Sebastian, Indian River County, Florida,
pertaining to rezoning certain property in the Southeast section of the City,
approximately 35 acres more or less located on the West side of he Florida
East Coast Railway right-of-way; from County zoning Districts MXD to
City zoning district IN (industrial); providing for repeal of ordinances of
parts of ordinances in conflict herewith; providing for severability; providing
an effective date.
KI
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 carried 4-1 - McCarthy - nay
fil
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-89-44 - Vickers Subdivision Preliminary Plat Approval (Staff
recommendation dated 7/20/89, P&Z minutes dated 8/18/88)
A resolution of the City of Sebastian, Indian River County, Florida,
pertaining to a preliminary subdivision plat; approving a preliminary
subdivision plat for an industrial subdivision occupying a tract of land
appro)dmately 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-8944 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.
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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. Y
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
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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 MXD (Mixed) districts to City IND (Industrial) district;
providing for the transmittal of the proposed comprehensive plan
amendment to the Florida Department of Community Affairs; providing for
repeal or ordinances or parts of ordinances in conflict herewith; providing
for severability; and providing an effective date.
Ordinance No. 0-89-31 - Fischer Rezoning - 116.55 Acres
First Reading, Public Hearing will be held at time of 2°1 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.
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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.
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4. A safety and security plan shall be submitted and city approval granted
as required by section 20A -5.30(b)(3) of the land development code.
The first three conditions of approval are from the staff technical review committee
recommendations and are made a part of this motion. Seconded by Mr. Shroyer,
passed unanimously.
4/25/90 Vickers Sandmine III - Draft Resolution/Set special use permit public hearing
5/9/90 (P & Z recommendation dated 4/18/90, memo form P & Z dated 4/16/90,
memo from Technical Review Committee dated 3/29/90, letters dated 3/8/90 and
2/15/90 from Mayfield Application.
The City Clerk explained that time constraints would not allow the public hearing
to take place on May 9, 1990 and recommended May 23. 1990.
Motion by McCollum/Powell
I move that you (the Attorney) prepare the Resolution necessary.
Voice vote on the motion carried unanimously 5-0.
4/23/90 Resolution No. R-90-19 - Vickers Grove Sandmine Phase III (Staff
recommendation dated 5/15/90, Resolution, memo from Technical Review
Committee dated 3/29/90) (Generally located West of Florida East Coast Railroad
right-of-way, South and East of Schuman Drive, North of Mabry Street and 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.
Attorney Torpy read Resolution No. R-90-19 by title only.
Mayor Conyers opened the public hearing at 7:08 p.m.
George Metcalf, 425 Pine Street, Sebastian, opposed approval.
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Carolyn Corum, 881 Dolores Street, Sebastian, urged Council to request the
developer to regulate dust.
Mayor Conyers closed the public hearing at 7:18 p.m.
Stan Mayfield, Masteller & Moler, engineers for the project, addressed Council
stating the St. John's permits have been received, bonds will be posted and that
reduction of excess dust can be looked into.
The Director of Community Development said he could make the reduction of
dust a condition of approval.
Mayor Conyers encouraged citizens to contact the Director of Community
Development if problems arise during mining operation.
Motion by McCollum/Powell
I move we approve the sandmining special use permit for Vickers
Sandmine III subject to three conditions; 1) Applicant to submit and City
to approve revision(s) concerning littoral zone requirements per Code; 2)
Applicant to provide compliance and restoration bonds per Section 20A -
5.30(e) of Code; 3) Type A or natural landscaping buffer/screen required
per code.
Motion carried unanimously 4-0.
8/1/90 Review prior Council action on Ordinance Nos. 0-89-30 (CLUP Amendment) and
0-89-31 (Rezoning) for Fischer (116.55 Acres) - Set public hearings for 9/12/90
(Staff recommendation dated 7/25/90, 0-89-30 & 0-89-31, Map, DCD memo
dated 6/13/90, DCD memo dated 6/19/90, staff recommendation dated 12/7/89,
Applications).
The Director of Community Development said the DCA had no objection to this
land use category.
Motion by McCollum/Oberbeck
I move we set the public hearing for September 12, 1990 on Ordinance No.
0-89-30 and Ordinance No. 0-89-31.
Voice vote on the motion carried unanimously 3-0.
9/12/90 Ordinance No. 0-89-30 - Fischer CLUP Amendment - 116.55 Acres.
The City Attorney read Ordinance No. 0-89-30 by title only.
Mayor Conyers opened the public hearing at 7:10 p.m.
24
Virginia Struck, 892 Lance Street, and Evelyn Guido, 857 Lance Street, both of
Sebastian, expressed concerns regarding traffic.
The Director of Community Development responded that those concerns should
be addressed during preliminary plat deliberation.
Mayor Conyers closed the public hearing at 7:16 p.m.
Motion by Oberbeck/McCollum
I move we adopt Ordinance No. 0-89-30.
Motion carried unanimously 5-0.
Ordinance No. 0-89-31 -Fischer Rezoning - 116.55 Acres. .
The City Attorney read Ordinance No. 0-89-31 by title only.
Mayor Conyers opened the public hearing at 7:18 p.m.
Corrin Van Buskirk, 865 Delores Street, Cynthia Fitzpatrick, 874 Delores Street,
and Elizabeth McFadden, 886 Lance Street, all of Sebastian, expressed concerns
regarding traffic impact. Ms. Van Buskirk submitted backup to Council which
included a petition objecting to egress from the subject property onto Lance
Street. Ms. McFadden also stated that conditions of Fischer's burn permit are not
being adhered to.
The Director of Community Development reiterated his statement that traffic
concerns should be addressed during preliminary plat deliberation.
Mayor Conyers advised the speakers to contact staff with their concerns.
Mayor Conyers closed the public hearing at 7:45 p.m.
Motion by Powell/Oberbeck
I move we accept Ordinance No. 0-89-31.
Motion carred unanimously 5-0.
12/20/90 Vickers Grove Preliminary Plat - Bruce Cooper speaks first on this matter and
explains why no TRC letter has been provided. Also states as far as he is
concerned, the project meets all code requirements.
Earl Mastellar then speaks on behalf of the applicant - Dr. Fischer is also present.
Mr. Mastellar mentions the project will be built in three phases.
10XI
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 99s' street
improvements as outlined in Jim 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.
FM
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.
RA
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 (Coram - nay).
Mr. Dill offered his letter to Mr. Cooper for City Council review. The City Clerk
noted that staff had been unable to submit it to City Council prior to the hearing
due to the hearing's quasi-judicial nature.
Mr. Dill make an opening statement on behalf of the applicant, urging approval of
the application.
Randy Mosby, Mosby and Associates, Vero Beach, testified on behalf of the
applicant.
Mr. Mosby submitted the following exhibits: construction drawings (exhibit 1);
finding of fact form Resolution No. R-88-19 (exhibit 2); findings of fact from R-
90-19 (exhibit 3); and St. John's River Water Management District permit dated
November 9, 1993 (exhibit 4).
Mr. Oberbeck was excused from 7:45 p.m. to 7:46 p.m.
28
Mr. Mosby's testimony continued. He stated that this was the last time a request
for a sandmining extension for this area will come before City Council.
Mr. Mosby submitted further exhibits as follows: 20A-3.5 of the Land
Development Code regarding RM -8 conditional uses (Exhibit 5); Section 20A-
3.14 regarding Industrial permitted uses (Exhibit 6); Section 20A-5.20 regarding
excavation and mining, Section 20A-5.29 water management standards, Section
20A-5.30 regarding operating conditions of mining, Section 20A-5.36 regarding
duration and completion of permits (Exhibit 7).
Mayor Firtion called recess at 8:04 p.m. and reconvened the meeting at 8:15 p.m.
All members were present.
The City Attorney inquired whether anyone sworn in intended to cross-examine
Mr. Mosby at this time. All but Mr. Metcalf declined.
Mr. Mosby testified in response to George Metcalf relative to water quality tests.
Mr. Mosby testified in response to Mrs. Corum stating that the existing lake is
65.2 acres, and the operation will increase by 45%; discussed the lake depth; and
said for the record, the hours of operation are stated on the drawings and are the
same as for previous mining permits.
Charles Cramer testified on behalf of the applicant stating that only four new
building permits have been issued since May 1990 in a'/< mile radius of the subject
property; read a letter dated March 5, 1994 from John Sykes, 222 Caprol Lane and
submitted it to the City Clerk (Exhibit 8).
The City Attorney inquired whether anyone wished to ask any questions of Mr.
Kramer.
In response to Mrs. Comm, Mr. Kramer testified that he was a Supervisor for
Henry Fischer and Sons.
Abe Kreitman, 1417 Alpha Court, West Palm Beach, Florida, registered
professional hydrologist, testified on behalf of the applicant, citing satisfactory
results and conclusions of study of the possible adverse impacts on groundwater.
Mr. Kreitman testified in response to Victor Williams.
All others in the audience declined the opportunity to ask questions of Mr.
Kreitman.
Mr. Kreitman testified in response to Mr. Freeland and Mrs. Corm, 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.
Coram 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 Vd relative to a comment by James Frazee, Chief Hydrologist for
St. John's.
Mr. Metcalf submitted two photographs dated 1991 and December 7, 1993.
Mr. Dill objected to submittal of the photographs as evidence without further
information.
Bruce Cooper, Director of Community Development, submitted a memo from
Planning and Zoning dated March 4, 1994 recommending approval of the special
use permit (Exhibit 9); said he had been in contact with the state relative to the
Comprehensive Land Use Plan and stated the City is in compliance, submitting the
computations of multi -family (Exhibits 10 and 11); and distributed a
recommendation from him dated March 16, 1994.
The Director of Community Development said staff has no objection to Saturday
operation 7 a.m. to 5 p.m. as he applicant has requested.
Mr. Cooper testified in response to Victor Williams, 358 Concord Avenue,
Sebastian, relative to Concord Avenue right-of-way.
Mr. Cooper testified in response to Fred Mensing, about how the 7 to 5 operation
deadline can be amended in case of emergency need for sand.
Mr. Cooper testified in response to Mrs. Corum regarding to reduction of he tax
base, not a relevant issue in accordance with the City Attorney's opinion.
Mr. Cooper provided three original letters of no objection received in response to
letters sent to surrounding property owners.
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 carried unanimously 5-0.
5/18/94 Vickers Grove Subdivision - Major Modification to Preliminary Subdivision Plat
(Director of Community Development transmittal dated 5/12/94).
31
Mayor Firtion opened the public hearing at 7:04 p.m.
The Director of Community Development reiterated his recommendation as
submitted in the agenda packet, reported the plat had been changed at the request
of staff members relative to utility matters, however, that the applicant had
resubmitted original plans on May 16, 1994.
In response to the City Attorney, the Director of Community Development fisted
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.
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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 Coram inquired about the requirement for sidewalks, to which the
Community Development Director responded that he will review previous
approvals and the code for sidewalk requirement criteria.
Discussion continued on the expansion of the sandmining area resulting in removal
of the multi -family lots and some industrial; requirements for recreational space
and drainage; and utility connection.
33
Motion by Corum/Oberbeck
I move approval of item C of the consent agenda.
Motion carried unanimously 5-0.
2/22/95 Resolution No. R-95-07 - Vickers Grove Sandmining Special Use Permit (Director
of Community Development transmittal dated 2/17/95, R-95-07).
A resolution of the City of Sebastian, Indian River County, Florida,
pertaining to the granting of a special use permit for the mining of sand and
soil materials pursuant to Section 20A-2.6 of the land development code of
the City of Sebastian for a tract of land approximately 30.2 acres in size,
located in Section 17, Township 31 South, Range 39 East, City of
Sebastian, Indian River County, Florida; providing for compliance with the
requirements of the land development code of the,City of Sebastian;
providing for the imposition of conditions for the issuance of the special
use permit; providing for repeal of resolutions or parts of resolutions in
conflict herewith; providing a severability clause; and providing for an
effective date.
The City Manager read the consent agenda and the City Attorney read titles of
Resolution Nos. R-95-07, R-95-08, R-95-09, R-95-10.
Vice Mayor 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).
3/8/95 Resolution No. R-95-16 - Vickers Grove Preliminary Plat - amending
commencement date (City Manager transmittal dated 2/27/95, R-95-16).
A resolution of the City of Sebastian, Indian River County, Florida,
approving the preliminary subdivision plat for an area know as Vickers
Grove Subdivisions; providing conditions for such approval; providing an
34
expiration date; providing for conflicts; providing for severability; and
providing an effective date of the resolution.
The City Manager read the consent agenda, reiterating his comments relative to
items F and I.
Vice Mayor Corum removed items C, D, and E.
Item C - Resolution No. R-95-16
Motion by Comm
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 (Corum-nay).
10/9/96 Approve Eighteen month Preliminary Plat extension for Vickers Grove Subdivision
to expire April 9, 1998 (Community Development Director transmittal 10/2/96,
Fischer & Sons letter 9/20/96, site plan).
The Community Development Director presented the request for an eighteen
month extension and recommended approval.
Mrs. Damp said she recalled that the time limit for preliminary plat approvals was
to be extended to two or three years and requested this be looked into.
Motion by Cartwright/Halloran
I move to approve an eighteen month extension of the preliminary plat for
Vickers Grove Subdivision to expire April 9, 1998.
Motion carried unanimously 5-0.
1/16/97 Recommendation to City Council - Special Use Permit - Vickers Grove Sandmine
- Phase III.
35
At this point, Chairman Fischer removed himself from the dais for conflict of
interest, submitted form 8B and turned the meeting over to Vice Chairman
Munsart.
Mr. Massarelli gave staff presentation and noted that this sand mine is located in an
area where there is an active sand mining operation. He identified it as the Vickers
Grove Subdivision that has been previously platted, and the purpose is to expand
the lake and make it, wider. He noted that St. Johns Water Management District
has practically given up on the littoral zone practice and he is recommending that
the Commission yield to what SJRWMD requires.
He noted that there have been several complaints of blowing sand and dust from
this operation. Code enforcement has been sent out, and Mr. Massarelli's
experience is that the nuisance has been dealt with immediately.
Mr. Mather noted the objection letter that was received from Ms. Cardlyn 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. Corum ever filed formal complaints against the Sand
mine operation with Code Enforcement. Mr. Massarelli responded that she had
and each had been responded to promptly.
2/19/97 Quasi -Judicial Public Hearing, Final Adoption.
Conduct quasi-judicial public hearing on sandmining special use permit application
for Vickers Grove Subdivision phase III - consider adoption of Resolution No. R-
97-08 (Director of Community Development transmittal dated 2/13/97, R-97-08,
Staff report, location map, application).
A resolution of the City of Sebastian, Indian River County, Florida,
granting a special use permit and mining permit to Dr. Henry Fischer for a
sand mine on approximately 12.6 acres of land; providing for severability;
36
providing for 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 Coram, 881 Dolores Street, requested to be treated as an affected party.
The City Attorney explained that in accordance with Resolution No. R-96-87,
affected parties are the applicant, city staff and affected landowners entitled to
notice under any statute or City ordinance, said she had spoken with Ms. Corum
and advised her she could speak as an affected party only if the Council changed its
resolution tonight to find that anyone adjacent is an affected party.
Mr. Barnes asked if the applicant's attorney agreed, could Mrs. Corum be treated
as and affected property owner to allow her to ask questions: The City Attorney
concurred.
Attorney Warren Dill said he did not agree with changing the resolution tonight,
nor did he think it could be done tonight and stated that he was prepared to
proceed.
Mayor Cartwright disagreed with changing the resolution tonight and advised that
Mrs. 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 comers, with intermediate stakes at a minimum of three
hundred feet and all limits of excavation shall be staked, marked and
maintained with visible flags in the field, in accordance with approved plans for
the permit.
Mayor Cartwright asked if compliance with St. Johns Water Management District
requirements was to be a condition and the Director of Community Development
said he would not object to that as an additional condition and that staff receive a
report.
In response to 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 Corm, Larry Corum, Corrin VanBuskirk, Bea Ahrend, Cindy, Michael
and Kelsey Fitzpatrick. Mrs. Conon objected to the sandmining expansion citing
quality of He 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. Corm 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
Ell]
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 4d'
condition that the applicant comply with St. Johns River Nater 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.
42
In closing, the Director of Community Development recommended approval
subject to the donation of ten feet of right-of-way.
Mayor Cartwright closed the quasi-judicial hearing at 9:50 p.m.
The Director of Community Development noted the word "industrial" needed to
be added to the title of the resolution.
Motion by Halloran/Damp
I move to approve Resolution R-97-10 with the inclusion of "industrial" in
the title for Vickers Grove Industrial Subdivision and the inclusion of Section 1.A
which states that the applicant would dedicate a ten foot right-of-way for Concord
Avenue.
Motion carried unanimously 5-0.
EXI
WAmwN W. DILL, P. A.
ATTORNEY, -AT• LAW
WARRBN W. DML
MEMBER OF:
PI.ORIDA BAR
WYOMING BAR
NEBRASLA BAR
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, FL 32958
re:
Dear Bruce:
WABAS30 ONE BUILDING
9025 U.3-HWY. 1, MITE 4
3MLU71AN, MOBIDA 32958
(407) 5894212
FAS (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
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 propertythat 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
t�ruly, yours,
U` �r-
Warren W. Dill
cch
cc: Dr. Henry A. Fischer
City of Sebastian
1225 MAIN STREET c 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 DevelopmenX/�
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
Carolyn Corum
81 Dolores St.
Sebastian, Fl. 2958
Mayor and Sebastian City Counci 1
1225 Mein St.
Sebastian, Fl. 32956
subject: Vickers sondmine 1ittor6l zone
November 10, 1997
A month ago you'If 8Fe Copied a letter I sent to '3JR I -ID. Nr JuiIanna has
riot yet responded to my l et t er. I am sending him a second request today.
I am aski ng the ci t y to ansv er questions 1 `' r' 7, et, 12 14, 15 &
1r. Please anslrver within two weeks.
Thank you, ---
L'arolyn Coru
•A"
carolyn Corum
a3 Dolores St. October 1 v, i 997
.;ebastian, Fl. 32958
Mr. John Juilanne, Director Melbourne Service Center
St. Johs RNer Water Management District
305 East Dr.
Melbourne, F1. 32904
RE: VICKERS PIT PERMIT No. 4-061-008$M5—ERP
Your letter to Sa_hastian dated September 4,
199-7 (enclosed) refers to
,.restoration or the shoreline upon completion of the sandmine or
expiration of the permit" ; a condition of the permit which requires that
stabilization measures be initiated for erosion and seddi enor rncoontrol.. ;
ore
stablization measures consist of seeding, mulching,
sophisticated erasion control measures to control sediment loading to the
adjacent w aterba d y..."
Sebastian City Code Section 20A-529:a,b,e,d Excavation and mining_
Water management standards_(enclosed)
This section explains the required Management of the littoral zone and the
long term plan for the littoral zone .
Vickers Pit had to remove questionable material (two pages enclosed).
This site is on the Atlantic Coastal Ridge. According to Sebastian's
comprehensi4e Land use Plan , this site is an environmentally sensitive
suritciai aquifer recharge area. 107 acres mined to a depth of -40MSL.
Literally this is the aquifer with its lid removed, exposing the aquifer like
an open •rvound. yet, questionable material could have been leaching into
the aquifer, before it. Ve5:= removed.
iluf1si—judicial hearing (minutes enclosed) on 2-19-97 states:" The
Dirertor Of community De%)elopment presented the staff report ; noted
that the lack of a 1litor51 zone es requested (required) by the Lbnd
Development is an issue, hVeever, the applicant intends to meet all
requirements of St. .Johns River 'Hater Management District".
The next paragraph iquasi judicial hearing) staff urge_, city council to
approve the permit with three. condition_ (enclosed for your peruse) ; two
paragraphs down, staff explained SJRWND has no rules relative to littaral
zones. Counci I member Barnes said he perf erred to use requirements of the
Land Development Code relative to littoral zones; staff changed the topic.
Page four (of the minutes) paragraph seven again states " ... conditions
haYe been met except for the 1 i ttoral zone., for which St. Johns has its
awn requirements.
The resolution adapting the expansion of Vickers Pit ( but, naming it
Vickers Sand Nine Phase Three) is enclosed for your peruse. (R-97-8)
-Staff told council -that the lack of- a Mtor al zone i s an issue, then the --
appl i c -its r cp cSeri'uti dies said the city I ittoraI zone requirements have
net been met. Cd/l.yev f7.7d aggv IM',et e jR rgs -91-Ye ,07 R-91-G� 4Y �{.' e+i
Ma
'y l7ap8 Wdrved its /Ittcrdl Z6WRe cppe its ertar9ded 111Mrel _70.0 P_
r&W.7rerrjrtts es steted in _'3ectM7 W -529 vi &- S&tdstldrl Lend
P&PeMRI Meat Cafe?
All the enclosed documents lead me to ask the above question along with
the fallowing questions:
1. If Sebastian ignored its code on littoral zone requirements, than what
type of erosion and sedimentation control is in place now?
2. If a littoral zone stabilization plan is not needed here, than why not?
3. What is the difference of restoration of the littoral zone and the
stabilization of the littoral zone? At what phase does each take place?
h. What are littoral zones meant to do?
5. "Questionable material"was removed from Vickers Pit, what is
questionable material? and where on site was it removed from? was it
used as stabilization for the littoral zone?
6. Questionable material was removed, what type of shoreline. (littoral
zone) stalilizatian is going on? Is it safe?
7. Has anybody checked to see if Yick.ers Pit stabilization control is
working?
8. Is this why an approved littoral ?one plan is required? Who's
monitoring this?
9 _ What is meant by the term " more sophisticated erosion control
measure"?
10_ Is there usually a littoral zone requirement on SJP,WND sand alining
applications? Why or why not?
55 Ma computed fr10
Qf Ii{+Oral -Irma rh-17i r �� �N�--tl_lDM
nPr 11 'inaar f_n+� Q; 44 P14"d- kind i; t t oral 7nna �.lnna -halt nr,t� ,+.- Iwo• O
12_ Ci ty code requires that: the amount or area of I tttoral zones e
computed at a rate of fifteen square feet of littoral zone (helow control
elevation) per linear foot of shoreline. The littoral zone slope shall not be
steeper than an average slope of one foot vertical to six feet horizonal...
Although no minimum slope below the littoral -zone -is required-, the slope
heloN the littDral zone shall be constructed so that natural soil movement
will not reduce the littoral zone area. What is the reason for this presir_a_
littoral zone requirement?
13_The code has certain requirements for littoral zones, should you be
notified when waivers are granted?
14_ The extended litiornl zone (landward base of the litioral zone side
slopes), has other requirements. Is it in the public interest to waive this
requirement to?
15_ Did the city legally give Vickers a littoral zone requirement waiver or
not?
16_ Did the city legally gi%)e'vickersan extended littoral zone waiver or
not?
I IiYe adjacent to Vickers Pit and I want to know whots going on over
there. I realize I've asked you alot of questions . Each question was raised
because of lack of clarification in city documents and because of SLIRWND
rale in permitting sondmines.
Thank you for your assistance .
Signed ,
Carolyn Con.im
neighbor of Yickers pit
copy : Department Of Envirornental Protection
I ndian River County Commi ssoners
City Of Sebastian
HRS Environmental Health
_ mj WAi Cr�-
MANAGEMENT
VT
151srT!wE 1T
September 4, 1997
Mr_ RobertMassere'll
Comrpunity Development Director
City of Sebastian
1225 Main St.
Sebastian, FL 32958
Haley peen. Emad+w oreaor
JMn R. Wehb. As"ExwxAi a 0or
POST OFFICE BOX 1429
PALATKA, FLORIDA 32178-1429
TE�EPHCNE 90r-3:9-1500 SUNCOM 9646604500
700 9044 -'V -u50
TOO SUNCCM 860a 50
FAX IE ^a'P^) 7x'44175
(Le9a0 3:9S4A65
(Palm g) 329-415 (AdminisaaUaJ'i ) 329-L506
618a.a Sr"
7.75 erye.em MY
PERMITING: DPe3iATRiN£
Onu+tr+. FiviCe 31501
Suu 102
! 306Ee D 2117N.\MW>.m RR
10747.1
Jetl¢ Wlend 34356
Ma0anr. Rlo SSW McDanr.Fa 329354109
T00 47d97.5960
TDO �&7
TDO 7s0 -7223366 T00 474524102
Re: Vickers Sand Mine
Environmental Resource Permit No. 4 -061 -0088M5 -ERP
Dear Mr. Masserelli:
At the request of Mrs. Carolyn Corum, I am providing you with the approved
specifications for the restoration of the shoreline upon completion of the sand mine or
expiration of the permit, whichever occurs fust. Although no specific plan for shoreline
restoration was approved with the permit, the approved plans show a finished slope of at
4:1 (horizontahvertical) or shallower to the edge of water and 3:1 or shallower to the
bottom of the pit. The approved plans are an enforceable condition of the permit. There is
also a condition of the permit which requires that stabilization measures be initiated for
erosion and sediment control on disturbed areas after construction has ceased in that area.
Generally, stabilization measures consist of seeding and mulching, sod or more
sophisticated erosion control measures to control sediment loading to the adjacent
waterbody or wetland.
Please give me a call at (407) 984-4940 if you have any questions or comments.
Sincerely
Center
cc: PDS-PU
Janice Unger
Carolyn Corum
wi)riam M. Sega), aMmnuAM Dan Roach, hcsa RM James T. Swann, rRs>,suRsa Us Mason, sscnsrARr
1Wi1.N10 EaWa�00N6FAO1
Kathy Chiroy Griffin A Greene FJames H. Williams c� Paticia T. Harden � �.� Reid Hughes
rAcxsorrvny VERO 3FAG ODU 6ARFORO GttONA 9EAU1
LEGAL BASIS AND GENERAL PROVISIONS .;...4 20A-5.29.
Sec. 20A529. Excavation and mining—Water management
standards.
(a) Any excavation or mining activity which results in the
creation or expansion of a water body shall be subject to the
following standards, except as specifically exempted in section
20A-5.22.
,'(b) A littoral zone shall be established as part of any created
water body. A design and management pian must be submitted
which shall: a
e�
(1) Include a topographical map of the zone showing the con-
trol elevation contour and the minus two and one-half
(-2uz) feet control water elevation contour, and include a
cross-sectional view of the littoral zone planting design,
showing the required slopes from the top of the bank to a
depth of two and one-half (2'h) feet below the control water
y elevation.
,+ (2) Specify how vegetation is to be established, including the :3
extent, method, type and timing of any planting provided; g3r3
(3) Provide a description of any water management procedures
to be followed in order to ensure the continued viability
and health of the littoral zone; and j
(4) Include a plan view which documents the location and
quantity of the littoral zone.
(c) The established littoral zone shall consist of native vegeta-
tion, and shall be maintained permanently as part of the water 5
body. All landscaping, littoral zone vegetation plans and lake �9
.management plans shall comply with the St. Johns River Water.
Management District rules and shall be subject to approval by
the city building official. %a
(d) Within extended littoral zone shelves (at the landward base's
3
of the littoral zone side slopes), the applicant is required tc pro--.
vide a minimum o one tree or five -hundred—
feet of littoral zone coverage. The proposed trees must be of a:?
minimum size consistent with Florida Division of Forestry seed- .
lings and consist of native, freshwater wetland varieties such as
red bay, red maple, bald cypress; etc =
Supp. No. 6 345
ci_4�r .
4 20A-5.29. SEBASTIAN LA:
-. (e): -The slopes. of_the water;body areas&om.the.top of bank to ;
the littoral zone area shall not exceed one foot vertical to three (3)
feet horizontal. Littoral zones and extended littoral zone shelves
shall be located within an area bounded by a landward limit of
.'one foot above the control water elevation and a waterward limit
of two and one-half (21h) feet below the control water elevation.
.,The amount or area of littoral zone shall be computed at a rate of
fifteen (15) square feet of littoral zone (below control elevation)
Per linear foot of shoreline. The littoral zone slope shall not be
=:,steeper than an average slope of one foot vertical to six (6) feet
<, horizontal, and the littoral zone need not be established is a
":continuous band around the water body. Although no minimum
slope below the littoral zone is required, the slope below the',
littoral zone shall be constructed so that natural soil movement!
'; .
will not reduce the littoral zone area.
(fl There will be no significant adverse off-site impact on ground
water quality or ground water levels. In the event of dewatering
associated with excavations, including mining, the applicant shall _.
present evidence that no saltwater intrusion and/or reduction in
quality of well water available to properties within one-quarter
mile of the permitted activity will occur.
(g) The water management system, including swales, intercon-,
nected wetlands, and lakes, must be specifically designed to in-
hibit siltation and the eutrophication processes. To ensure this,
the applicant must submit an environmental management and
lake monitoring plan, which meets with the approval of the city
building official, specifying the method for monitoring the sys.
tem and corrective action should eutrophication and/or siltation
occur.
(h) A twenty -foot -wide access maintenance easement shall be
provided for every one thousand (1,000) feet of shoreline. This
easement shall extend from below control elevation of the lake to
a public or private road right-of-way.
(Ord. No. 0-88-27, § 2, 11-30-88)
Sec. 20A5.30. Same—Mining permit regulations.
(a) Applicability. A city mining permit shall be required for
any mining activity except as specifically exempted in section
Supp. No. 6 346
• Site Development
HENRY FISCHER & SONS. INC. • Road & Parking Lot Construction
P.O. Box 780068 • Sebast an, Fionda 32978-00E8 • Storm Drainage • Land Clearing
(561) 589-3159 • FAX: (561) 539-7731 • Fill Hauling & Compaction
• Heavy Equipment Rentals
rs537as 70
September 5, 1997 �c1�
03 U-3
- --
SEP 1991
q:
Mr. Thomas Frame cv �<<I ttiiai;abeS s .8,
Sebastian City Manager
1225 Main Street _ ^ 6`
Sebastian, Florida 32958 :zzzao
RE: Vickers Pit
Dear Mr. Frame:
in regards to a complaint on my Vickers Pit, please be
advised that the material in question has been removed (see
att_ched solid waste bill. Please call our cffice to schedule
an appointment for an inspection, if necessary.
The company which had hauled the debris on site has been
notified that they are not allowed to bring any more material
into our pit.
Thank you.
CC:sf
cc: File
Enclosure
Sincerely,
� 1 y�/�
Chuck Cramer
W',C.,T^fs V
SOLID WASTE DISPOSAL DISTRICT TRANSACTION 1518516
I.R.C. SANITARY LANDFILL SITE/SCALE: 01 / 02
1700 S.W. 74TH AVENUE OPERATOR: CAROL
VERO BEACH, FL. 32968 TICKET NO. 361031
CUSTOMER 578344 HENRY FISCHER & SONS, INC.
HAULER 578344 HENRY FISCHER & SONS, INC.
VEHICLE 4379 WHITE MACK/BLUE STRIPE TT
CONTAINER :
MATERIAL C&D
RATE/TON s 30,00
ORIGIN
DESTINATION:
TAX %/NO. : 1
IN 9/ 5/97 7:46.07
OUT 9/ 5/97 8:14.26
CHECK #:
COMPLETE - THANK YOU
HENRY FISHER
DRIVER SI
CONSTRUCT/DEMOLITION
RATE/EVEN-T:. $ .00
CODE
GROSS TONS: 51.11
TARE TONS : 21.34
NET TONS : 29.77
AMOUNT DUE: 893.10
TAX DUE ;00
TOTAL DUE : 893.10
�Z�
QUQS i-wdi64
Special City Council Meeting
Feb"ivary 19,-1997
Page Three
The Director of Community Development presented the staff report (see attached); noted
that the request for 20 feet of right-of-way should actually be 10 feet; stated that the lack
-of a littoral zone as requested by, the Land Development is an issue;<however, the
applicant intends to meet all requirements of St. Johns River Water Management District.
In closing, he stated that staff recommends that the City Council find -that the proposed
sand mine will not be detrimental to the public safety, health, or welfare nor will it be
injurious within the immediate vicinity in which the property is located and that the
proposed use is consistent with the purpose and intent of the industrial zoning district and
is similar in nature and compatible with uses allowed in the industrial zoning district. He
said it is further recommended that City Council approve the application for the Vicker's
Sand Mme Phase III with the following conditions: 1) Prior to commencement of
operations, the applicant shall provide a verified statement showing each and every
individual person having a legal and/or equitable ownership interest in the subject
property, 2) That the applicant dedicate 10 feet of right-of-way to the City for Concord
Avenue; and 3) Prior to the commencement of operations, the applicant shall install
permanent project boundary comers, with intermediate stakes at a minimum of three
hundred feet and all limits of excavation shall be staked, marked and maintained with
visible flags in the field, in accordance with approved plans for the permit.
Mayor Cartwright asked if compliance with St. Johns Water Management District
requirements was to be a condition and the Director of Community Development said he
would not object to that as an additional condition and that staff receive a report.
.In response to Mr. Barnes, the Director of Community Development. said there is an
emergency access onto Concord which will be provided in the Industrial Subdivision; that
the current sandmining allows mining from 7 am to 5 pm Monday through Saturday,
however, Saturday operation shall cease if Council determines the operation constitutes a
nuisance; -explained St Johns rules relative to littoral zones.141r. Barnes said he preferred
to.use requirements of the Land Development Code relative t ittoral zoni-7The-•
Director bf Communi Development 1yept on to e: lain current proVosediake
depths:.; AAAA All AA 1 4 .rl
TAPE I - SIDE II (6:48 p.m.)
In response to Mayor Cartwright, the Director of Community Development listed prior
approvals for this site in 1988, 1990 and 1991.
e
Special City Council Meeting
February 19, 1997
Page Four
Attorney Warren Dill, representing applicant Henry A. Fischer, requested names of
individuals who had Sled the five complaints with the City regarding the sandmine
operation.
Mr. Dill requested that the staff report and City records on this application be made a part
of the record (staff report attached) and gave a brief history of the operations on this site
-------approved-by City Council three -times since 1988.---- ----- —
Randy Mosby, Mosby and Associates, engineer for the applicant's project, gave his
experience and educational background and responded to questions from Mr. Dill. He
described the property as presented on a Project Phasing rendering dated January 1997
and Mr. Dill requested it be entered as applicant's Exhibit 7. There were no objections.
Mr. Dill then submitted a complete set of Exhibits 1 - 6 for the record. Mr. Mosby read
from City of Sebastian Resolution Nos. R-88-19, R-90-19, and R-95-07 and requested
they be entered as applicant's Exhibits 1, 2 and 3.
At 7:11 p.m. Mayor Cartwright advised Mr. Dill that he had two minutes to complete his
presentation and Mr. Dill requested an extension. It was the consensus of Council to
waive the time limit.
Mr. Mosby stated that St. Johns had recently extended the current mine permit for another
five years.
In respon e'to Mr�ill, Mosb read from Kplicant's Exhibit 4, Section 20A13.L4 of
the Land�Devel me Code " , Industri istrict" permitted uses and swim his
opin/i�n, a s rrun compatible wi those uses;�eiad from applicanExhit 5,
Section A-5. "Excavation and mirnng - purpose and responded that all conditions
have be n met except for the littoral zone, for which St. Johns has its omm 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 follow Ied.
C axles Cramer, emp oye y app cant enry isc er, a resse City'Counoc�li n iFie --
berm and fence system around the site; said there was no evidence of any crime on site
due to lack of a fence and that a City of Sebastian police officer was living on the site.
Mr. Cramer described the area of current mining to Mr. Halloran, saying that they are
gradually moving south away from the residential area.
RESOLUTION NO. R-97 - 8
A RESOLUTION OF THE CITY OF SEBASTIAN, IYi DL-�,-f_RnMl
COUNTY, FLORIDA, GRANTING A SPECI+L USE P RtiIIT AND
iVD ING PMN1IT TO DR EENRY FISCBIR FOR A SAND NaNE
ON APPROXDIATELY 12.6 ACRES OF LAND; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS Dr. Henry Fischer has applied for a special use pe.amt for a sand
Mf ^fir ,;- sx
mine known as MclteW&ovePhase IIL and
WHEREAS, the Planning and Zoning Commission has reviewed the application
for the special use permit and has found that the proposed sand mine will not be
detrimental to the public safety, health, or welfare nor will it be injurious within the
immediate'vicinity in which the property is located. and that the proposed use is consistent
with the purpose and intent of the industrial zoning district and is similar in nature and
compatible with uses allowed in the industrial zoning district; and
WETMAS, the Planning and Zoning Commission has recommend to the City
Council that the Council approve the application for the Vicker's Sand Mine Phase III
with conditions; and
NOW, 'HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOIRDA, AS
FOLLOWS:
SECTION 1. FINDINGS. The City of Sebastian finds that the proposed sand
mine will not be detrimental to the public safety, health, or welfare nor will it be injurious
within the immediate vicinity in which the property is located and that the proposed use is
consistent with the purpose and intent of the industrial zoning district and is similar in
nature and co=atible with uses allowed in the industrial zoning district.
SECTION Z. APPROVAL. The City Council of the City of Sebastian annroves
the special use permit for a sand mine known as Vickers Grove Phase III with the
followina conditions:
1. Prior to the 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.
Avenue.
3. Prior to the commencement of operations, the applicant shall install
permanent project boundary comers, with intermediate stakes at a
m;n;rmun 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 pewit.
4. 'Cl Lt
the- applicant comply with all the requirements of the St. Johns River
Water-, Management District's permit ..and provided the ' necessary'-
documentation to the city's Aaflr,:.
SECTION 3. SEVERABIIM: If any section or part of a section of this
Resolution is declared invalid or unconstitutional, the validity, force and effect of any
other section or part of a section of this resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part of a section of this
Resolution is wholly or necessarily dependent upon the section or part of a section so held
to be invalid or unconstitutional.
SECTION 4. CONFLICTS: All Resolutions or parts thereof in conflict
herewith are, to the etaent of such conflict, superseded and repealed.
SECTIONS. EFFECTIVE DATE: This Resolution shall take effect
immediately upon is adoption.
he foregoing Resolution was moved for adoption by Councilmember
/� --- The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
v
Mayor Louise R Carwtight
Vice -Mayor Walter Bames
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
86. DOi®f6s StRoat
Sebastian, FL 32958
October 20, 1997
Mayor Walter Barnes
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: VICKERS GROVE SAND MINE/SUBDIVISION
RESTORATION BOND - MB004302
COMPLIANCE BOND - MB004709
Dear Mr. Mayor,
11
FIA
Would you or your staff please help clarify the following:
1. Is Cumberland Casualty & Surety Co. aware the mining
operation is now permitted by St. Johns River Water
Management to mine 107.7 acres? Do the current Bonds
reflect these changes? What about the mulching project
on this site, is that covered?
2. How are the Bond amounts determined?
Restoration - $46,380.00
Compliance - $51,380.00
3. If these Bonds are out of compliance, has anyone
sought recovery from Cumberland Casualty & Surety Co.?
4. When you receive the Annual Progress Report for this
project, could I please have a copy?
Sincerely, 1 /
Corinn VanBuskirk
CC: SJRWMD Mr. Henry Dean
Cumberland Casualty & Surety Co.
11
i
\� �
>YVJYI'September 28, 1997
Dr. Henry A. Fischer
P.O. Box 780068
Sebastian, FL 32978-0068
Dear Dr. Fischer,
When we discussed the site plans for Vickers Grove
Subdivision you gave numerous scenarios:
I. The City of Sebastian may purchase the entire
property for $2 million, and use as some kind of
drainage.
2. I could have a 10' easement leading down to the
lake with a little dock.
3. Sell my home and purchase a lot back there.
4. The Vickers Grove Subdivision is private.
5. Your present industrial lots maybe re -zoned
to residential.
6. You also have permits to dump busted chunks of
concrete on site.
Needless to say, I left your office feeling confused
as to the what the future holds for this property, as
well as my own. So I'm sorry if my letter seemed off -
the= wall to you.
I would like to be assured that all City State & Federal
requirements are being observed, and that the F.E.C.R.
has an approved design for your current site plans.
Please try to keep in mind that this is our home.
Your friend,
Corinn VanBuskirk
CC: Mayor of Sebastian
G\� FEW
Henry A. Fischer, D.D.S.
9 r P.O. Box 780068
Sebastian. Florida 32978-0068
Office Phone: (561) 589-5337
September 16', 1997
Mrs. Corinn VanBuskirk
865 Dolores Street
Sebastian, FL 32958
RE: Your Letter of September 11, 1997
Vickers Grove Sand Mine & Subdivision
Application #4-061-0088
Dear Mrs. VanBuskirk:
After our recent meeting in which we went over the site
plans for the Vickers Grove Subdivision, all of your concerns
were addressed in detail, so your recent off-the-wall letter
comes as a surprise.
Your on-site visit and meeting with City Staff in regards
to the project shows you have some trouble understanding the
City ordinances.
No contaminants enter this property - no hazardous materials
enter the lake. All materials are inspected.
The project meets all City, State and Federal requirements.
The Florida East Coast Railway approved the design. I'm sorry
you don't like the recycling efforts.
If you have any further questions, please call me at 589-
3159.
The City has all documents relating to this project.
Your friend,
7�^
Dr. Henry A. Fischer, D.D.S.
September 23, 1997 CF F,rj99�A
Mayor Walter Barnes
City of Sebastian
1225 Main Street
Sebastian, F1 32958
Dear Mr. Mayor,
Enclosed are copies of correspondents that I would
greatly appreciate any assistance you could provide
answers to.
Thank you in advance for your anticipated help.
If you have any questions please call or write me at :
(561) 589-7804
Mrs. Corinn VanBuskirk
865 Dolores Street
Sebastian, FL 32958
Yours truly,
O ' Ido
Corinn VanBuskirk
enclosures
September 11, 1997
Henry Fischer & Sons, Inc.
10729 US Highway 1
Sebastian, FL 32958
RE: VICKERS GROVE SAND MINE & SUBDIVISION
APPLICATION #4-061-0088
Dear Dr. Fischer,
My patience is exhausted and I will no longer quietly
sit by and witness the degradation and pollution your
company is committing behind my home.
February 1, 1988, almost ten years ago, I received
from you and the City of Sebastian notice of a proposed
mining permit that would result in a subdivision with
a lake. The property is on the Atlantic Sand Ridge and
was a grapefruit grove of about 117 acres.
There are two words I would like to clarify:
Riprap- recently trucks have been dumping busted chunks
of concrete with steel re -enforcement bars, floor and
wall tiles and smashed toilets. You call this riprap,
I will refer to it as "busted up concrete".
Lake- You, euphumistically, refer to " the lake", your
mining permits call this a borrow pit or excavated mine
areas. Due to the busted concrete strewn about in the
water and on the property, plus the leaching of numerous
chemicals from the tree mulching operation, I will
call it "the cesspool".
February of 1997 you requested approval, under permit
# 4-061-0088AM5-ERP from St. Johns River Water Management
District, to extend "the cesspool" from 95.4 acres to add
12.3 acres which totals 107.7 If that figure is correct
we now have the original 117 acre property 92% covered by
"the cesspool".
I. May I see the restoration plan that is supposed to
be on file for this project?
2. Does Sebastian Land Development Code 20A-5.22 apply
to your approved site pians for Vickers Road & Gilson
Avenue?
3. Does anyone check on the amount of busted concrete
you have dumped into this property? Who? What are the
results?
4. Who is responsible to monitor possible damage to
the aquifer and it's possible pollution from the previously
mentioned contaminants?
5. Who is responsible to monitor the air borne sand
and silica that has blown into my home from your storage
piles and from scouring the land of its foliage?
6. Is there a bond guaranteeing you will not abandon
this project, after you have excavated millions of very
profitable yards of sand? How much is the limit on the
bond?
7. Who tests the coffee colored stagnant water in
"the cesspool"? How often? What are the results?
8. Have you considered that your digging within 200 feet
of the Florida East Coast Railroad at a depth of approximately
58 feet running 3,252' along side the railroad tracks?
Does the FECR know this? I can feel the vibrations in my
home now.
I am extremely concerned what the future holds for this
entire project site and I am no longer content to subject
my family and myself to these horrendous conditions that
you have created.
I intend to send copies of this letter to the following
and request whatever help they can give.
rJ�ncerely,I Q'
Corinn VanBuskirk
Mayor Walter Barnes
Governor Lawton Chiles
US Environmental Protection Agency, Carol M. Browner
US Federal Railroad Administration, Jocene M. Molitoris
Florida East Coast Railroad, Carl F. Zellers
St. Johns River Water Management District, Henry Dean
US Department of Labor, Alexis M. Herman
Mine Safety & Health Administration, J. Davitt McAteer
Occupational Health & Safety Administration,
Gregory R. Watchman
Vero Beach Press Journal
r
Henry Fischer f7 Sons, Inc.
Land Clearing • Top Quality Fill
P.O. Box 780068
Sebastian, Florida 32978-0068
13051 589-3159
February 1, 1988
Dear Property Owner!
Very shortly you will receive a letter notifying you
that Henry Fischer & Sons, Inc. has applied for a mining
permit.
This letter is to assure you that there will be no
activity near your home, and there will be no trucks
driving down your road. The trucks will be using U.S. U1,
and will not be traveling on either Lance or Gilson Street.
You will not, at any time, be bothered by any noise or
traffic. The work that will be done is the same wo;k that
we have been doing in that area for the past seven years.
In addition, we will stay back 150' from our boundary lines.
The groves will remain the same.
The end result will be a subdivision with a lake, similar
to South Moon Under, Roseland Acres and San Sebastian Springs.
This -subdivision will enhance the area, as well as raise the
value of your homes or property. In addition, there may be
a sixty foot park strip dedicated to the City of Sebastian.
If you have any questions or comments, please feel free
to contact Carl Fischer at 589-3159, between the hours of
8:00 a.m. and 5:00 -p.m.
CAF:sf
Sincerely,
HENRY FISC ER , SONS, INC.
Carl A. Fischer
PIHENRY FISCHER &SONS, INC.
AzrP.O. Box 780068 • Sebastian, Florida 32978-0068
(561) 589-3159 • FAX: (561) 589-7731
Mr. Thomas Frame
Sebastian City Manager
1225 Main Street
Sebastian, Florida 32958
RE: Vickers Pit
Dear Mr. Frame:
• Site Development
• Road & Parking Lot Construction
• Storm Drainage • Land Clearing
• Fill Hauling & Compaction
• Heavy Equipment Rentals
September 5, 1997/!
3p5S7ag�
0��,
SEP 1991 p
Fec�av?� LA
City Nlanavet s m
01fice
ZZ
In regards to a complaint on my Vickers Pit, please be
advised that the material in question has been removed (see
attached solid waste bill. Please call our office to schedule
an appointment for an inspection, if necessary.
The company which
notified that they are
into our pit.
Thank you.
CC:sf
cc: File
Enclosure
had hauled the debris on site has been
not allowed to bring any more material
Sincerely,
Chuck Cramer
� �c,YAYs
SOLID WASTE DISPOSAL DISTRICT TRANSACTION 1518516
I.R.C. SANITARY LANDFILL SITE/SCALE: 01 / 02
1700 S.W. 74TH AVENUE OPERATOR: CAROL
VERO BEACH, FL. 32968 TICKET NO. 361031
CUSTOMER 578344 HENRY FISCHER & SONS, INC.
HAULER 578344 HENRY FISCHER & SONS, INC.
VEHICLE 4379 WHITE MACK/BLUE STRIPE TT
CONTAINER :
MATERIAL C&D
RATE/TON $ 30.00
ORIGIN
DESTINATION:
TAX %/NO. : 1
IN 9/ 5/97 7:46.07
OUT 9/ 5/97 8:14.26
CHECK #:
COMPLETE - THANK YOU
HENRY FISHER
DRIVER SI
CONSTRUCT/DEMOLITION
RATE/EVENT: $ .00
CODE .
GROSS TONS: 51.11
TARE TONS : 21.34
NET TONS : 29.77
AMOUNT DUE: 893.10
TAX DUE .00
TOTAL DUE : 893.10
Memo Number
Date
Page
97064469
09/03/97
1 of 1
Sid Banack Insurance
2045 - 14th Avenue
P.O. Box 130
Vero Beach, FL 32961
561-562-3369 Voice * 561-562-3466 FAX
MEMO
To: CITY OF SEBASTIAN, FLORIDA
PO BOX 127
SEBASTIAN, FL 32958
RE: COMPLIANCE BOND Pol: MB004709
Customer: Henry Fischer & Sons, Inc. <HENRFI>
Insurance Carrier: CUMBERLAND CASUALTY & SURETY CO
Effective Date: 07/14/97 Expiration Date: 07/14/98
Policy Type: Bonds
ATTACHED PLEASE FIND CONTINUATION CERTIFICATE FOR THE COMPLIANCE BOND FOR
THE ABOVE NAMED INSURED.
IF YOU HAVE ANY QUESTIONS, PLEASE ADVISE.
CC: HENRY A. FISCHER & SONS, INC.
� 1991
.�1� •Ott•\UV
From: Sandra Yencho
Customer Service Representative e
Delphi/MSS. 0.wwwwwwwoMEMEMA
CONTINUATION CERTIFICATE
In consideration of premium charged,
CUMBERLAND CASUALTY & SURETY COMPANY hereby continues in force
BOND No. MB004709
Dated 7/14/1997
in the amount of 51,380.00
on behalf of HENRY A FISCHER & SONS, INC
, as Principal,
in favor of CITY OF SEBASTIAN
beginning July 14, 1997
Dollars
and ending July 13, 1998 subject to all the terms and conditions of said bond;
PROVIDED that the liability of CUMBERLAND CASUALTY & SURETY COMPANY
shall not exceed in the aggregated the amount above written, whether the loss shall have
occurred during the term of said bond or during any continuation or continuations thereof,
or partly during said term and partly during any continuation or continuations thereof.
Signed and Sealed this August 22, 1997
CUMBERLAND CASUALTY & SURETY COMPANY
By:
Steve Schumacher, ATTORNEY IN FACT
KarenATraynham, Florid4 Resident Aaent
for the period
Memo Number
Date
Page
97064467
09/03/97
1 of 1
Sid Banack Insurance
2045 - 14th Avenue
P.O. Box 130
Vero Beach, FL 32961
561-562-3369 Voice * 561-562-3466 FAX
MEMO
To: CITY OF SEBASTIAN, FLORIDA
PO BOX 127
SEBASTIAN, FL 32958
RE: RESTORATION BOND Pol: MB004302
Customer: Henry Fischer & Sons, Inc. <HENRFI>
Insurance Carrier: CUMBERLAND CASUALTY & SURETY CO
Effective Date: 07/14/97 Expiration Date: 07/14/98
Policy Type: Bonds
ATTACHED PLEASE FIND CONTINUATION CERTIFICATE FOR THE ABOVE NAMED INSURED
FOR THEIR RESTORATION BOND.
IF YOU SHOULD HAVE ANY QUESTIONS, PLEASE ADVISE.
CC: HENRY A. FISCHER & SONS, INC.
From: Sandra Yencho
Customer Service Representative
K.4. :. ..: D•hi/MSS Form 201g (3/4/92):. ;3J.wY��fintn , $:. iv;: •:i�i'J.g: :i$:ii
CONTINUATION CERTIFICATE
In consideration of premium charged,
CUMBERLAND CASUALTY & SURETY COMPANY hereby continues in force
BOND No. MB004302
Dated 7/14/1997
in the amount of 46,380.00 Dollars
on behalf of HENRY A FISCHER & SONS, INC
, as Principal,
in favor of CITY OF SEBASTIAN
beginning July 14, 1997
and ending July 13, 1998
subject to all the terms and conditions of said bond;
PROVIDED that the liability of CUMBERLAND CASUALTY & SURETY COMPANY
shall not exceed in the aggregated the amount above written, whether the loss shall have
occurred during the term of said bond or during any continuation or continuations thereof,
or partly during said term and partly during any continuation or continuations thereof.
Signed and Sealed this August 22, 1997
CUMBERLAND CASUALTY & SURETY COMPANY
By:
Steve chumacher, ATTORNEY IN FACT
Karen raynham, orida esident Agent
, for the period
February 27, 1997
Henry A. Fischer
10729 U.S. 1
Sebastian, FL 32958
City of Sebastian
1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 0 FAX (407) 589-5570
RE: Resolution No. R-97-08 - Vickers Grove Phase III Sandmining Special Use Permit
Resolution No. R-97-10 - Vickers Grove Industrial Subdivision Preliminary Plat
Dear Dr. Fischer:
Enclosed please find copies of the above referenced resolutions adopted by the Sebastian City
Council at its February 19, 1997 Special Meeting.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
sam
cc: Director of Community Development
Mosby and Associates
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.
WHEREAS, Henry A. Fischer on behalf of Sebastian General
Partnership, B.F.T., has processed a special exception application
and site plan approval before the Planning and Zoning Commission
of the City of Sebastian; and,
WHEREAS, the Planning and Zoning Commission has recommended
that the City Council grant to the Applicant a Special Use Permit
as required by the City's Land Development Code after having
granted the special exception; and,
WHEREAS, the Land Development Code requires that the City
Council consider the subject request as the deliberative body
that is granted the power and authority to grant special use
permits; and,
WHEREAS, the proposed use and project is not prohibited by
the City of Sebastian Comprehensive Land Use Plan:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
1. The City Council has held a public hearing on the
application of the Partnership on the 9 7-'� day of
I11CIAc%l , 1988, and heard testimony of all interested
parties, and having considered the request and the relevant
evidence, the City Council finds and determines as follows:
(A). The Proposed use does not violate the
Comprehensive Land Use Plan or other applicable City codes,
rules, or regulations.
(B). The granting of this special use permit will not
be detrimental to the Public Safety, health,or welfare, or be
injurious to other properties or improvements within the
immediate vicinity of the subject project site. (See Exhibit A).
(C). The proposed use and project is consistent with
the purpose and intent of the site's zoning classification and has
been demonstrated to be similiar in nature and compatable with
1 1 Exhibit
the uses allowed in said district.
2. This special use is granted by the City with the
understanding that the specifics of the proposed plan presented
to the Planning and Zoning Commission shall be met in accordance
with the approved heretofore granted by that Board, and
the special use otherwise complies with all applicable rules,
ordinances, rules and regulations of the City of Sebastian,
Indian River County, State of Florida, and U.S. Government to the
extent applicable, and permits granted by any state agency.
3. This resolution shall be effective immediately upon final
passage and shall authorize the applicant to proceed upon
submission to the City of a performance bond in the amount of
i 5 � D00. 00
I CERTIFY THAT THE FOREGOING RESOLUTION WAS DULY PASSED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON THE
623 DAY OF /)Lehr . , 1988.
CITY OF SEBASTI N"FLORIDA
O
L. GEN• HA RIS, MAYOR
ATTEST; //.of 4.
KathrM. O'Halloran, CMC/AAE
City Jerk
I HEREBY CERTIFY THAT NOTICE OF PUBLIC HEARING FOR THIS
RESOLUTION WAS PUBLISHED IN THR VERO BEACH g$ES,S_ JOURNAL, A
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF SEBASTIAN, ON THE
P4 'DAY OF OUA-04— , 1988.
k� 7��rCM
athry M. O'Halloran, CMC/AAE
City C erk
2
NO.: R-90-19
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A
SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL
MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT
OF LAND APPROXIMATELY 16.38 ACRES IN SIZE, LOCATED IN
SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR
COMPLIANCE WITH THE REQUIREMENTS OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
FOR THE IMPOSITION OF CONDITIONS FOR THE ISSUANCE OF
THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE
SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer ("the Applicant") has applied for
the issuance of a special use permit for the mining of sand and
soil materials from a tract of land he owns located in the City
of Sebastian, Indian River County, Florida; and
WHEREAS, the Applicant has participated in various pre -
application discussions with appropriate members of the City
staff; and
WHEREAS, the Applicant has obtained a permit from the St.
Johns River Water Management District to operate the mine as
requested in his application; and
WHEREAS, the City staff has determined that the Applicant's
application for a special use permit should be approved subject
to certain conditions; and
WHEREAS, at its regular meeting on April 5, 1990, the
Planning and Zoning Commission recommended approval of the
1
7i Exhibit
Applicant's request for the granting of a special use permit for
the mining of sand and soil materials from a tract of land the
Applicant owns located in the City of Sebastian; and
WHEREAS, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
WHEREAS, the City Council has conducted a public hearing
after compliance with the provisions of Section 20A-2.6 D of the
Land Development Code of the City of Sebastian to afford the
input of comments and evidence from all interested persons,
citizens and affected persons; and
WHEREAS, the City Council has determined that the granting
of the special use permit to the Applicant will not be
detrimental to the public safety, health or welfare or be
injurious to other properties or improvements within the
immediate vicinity in which the Applicant's property that is the
subject of the special use permit is located; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, the mining of sand and soil
materials, is consistent with the purpose and intent of the
zoning district where the Applicant's property that is the
subject of the special use permit is located and is similar in
nature and compatible with the uses allowed in that zoning
district.
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. SPECIAL USE PERMIT. The application for the
issuance of a special issue permit for the mining of sand and
soil materials submitted by Henry A. Fischer for the real
property he owns located in Section 17, Township 31 South, Range
39 East, in Indian River County, Florida, being more particularly
described as follows: the south 925 feet of the north 1,050 feet
of the west 875 feet of the southwest 1/4 of the said Section 17,
less and except the westerly 125 feet thereof, is granted,
subject to the requirements and conditions contained in this
Resolution.
Section 2. CONDITIONS OF APPROVAL AND CONTINUATION OF
THE SPECIAL USE PERMIT. The approval of the City Council of
Henry A. Fischer's application for a special use permit that is
the subject matter of this. Resolution and the continuation of
such special use permit until its expiration as provided for in
this Resolution is conditioned on the continuous satisfaction of,
and compliance with, the following requirements by Henry A.
Fischer:
A. Compliance with the provisions of all applicable federal
and Florida statutes, rules and regulations, county
ordinances and the ordinances and resolutions of the City of
Sebastian, including, but not by way of limitation, Sections
20A-5.29 and 20A-5.30 of the Land Development Code.
B. The providing of compliance and restoration bonds to the
City of Sebastian in a form, and for such amounts,
acceptable to the City.
3
� v
C. The providing of Type A or natural landscaping
buffer/ screening in accordance with the Land Development
Code.
D. The revision of the littoral zone initially proposed by
the Applicant in a form and substance acceptable to the City
as provided in Section 20A-5.29 of the Land Development
Code.
Section 3. EXPIRATION OF THE SPECIAL USE PERMIT.
The Special Use Permit granted to the Henry A. Fischer pursuant
to this Resolution shall expire at midnight on the 365th day
following the passage of this Resolution.
Section 4. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 6. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman The motion was seconded
by Councilman and, upon being put to a
vote, the vote was as follows:
F1
Mayor W. E. Conyers
Vice -Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
i ._*IIiT
i
L.
The Mayor thereupon declared this Resolution duly passed and
adopted this zr- day of
ATTEST:
•Kathy}��M. O' alloran, CMC/AA
City*
(Seal)
1990.
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, ayor
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of
the City of Sebastian, Florida, that one ub;ic hearing w s held
3
on this Resolution at 7:00 p.m. on thejday of
1990, and that following said public hearing this Resolu i n was
passed by the City Council.
'Rathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
RESOLUTION NO. 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.
WHEREAS, Henry A. Fischer and Sons, Inc., a Florida
corporation, (the "Applicant") has applied for the issuance of a
special use permit for the mining of sand and soil materials from
a tract of land it owns located in the City of Sebastian, Indian
River County, Florida; and
WHEREAS, the Applicant has participated in. various pre -
application discussions with appropriate members of the City staff;
and
WHEREAS, the Applicant has obtained a permit from the St.
Johns River Water Management District to operate the mine as
requested in his application; and
WHEREAS, the City staff has determined that the Applicant's
application for a special use permit should be approved subject to
certain conditions; and
WHEREAS, the Planning and Zoning Commission conducted a public
hearing and received public input on the Applicant's application
for the granting of a special use permit for the mining of sand and
r.
Exhibit
soil materials from a tract of land the Applicant owns located in
the City of Sebastian; and
WHEREAS, at its regular meeting on February 3, 1994, the
Planning and Zoning Commission recommended approval of the
Applicant's request for the granting of a special use permit for
the mining of sand and soil materials from a tract of land the
Applicant owns located in the City of Sebastian; and
WHEREAS, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
WHEREAS, the City Council has conducted a public hearing after
compliance with the provisions of Section 20A-2.6 D of the Land
Development Code of the City of Sebastian to afford the input of
comments and evidence from all interested persons, citizens and
affected persons; and
WHEREAS, the City Council has determined that the granting of
the special use permit to the Applicant will not be detrimental to
the public safety, health or welfare or be injurious to other
Properties or improvements within the immediate vicinity in which
the Applicant's property that is the subject of the special use
permit is located; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, the mining of sand and soil materials,
is consistent with the purpose and intent of the zoning district
where the Applicant's property that is the subject of the special
2
use permit is located and is similar in nature anlk compatible with
the uses allowed in that zoning district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. SPECIAL USE PERMIT. Subject to the requirements
and conditions contained in this Resolution, the application for
the issuance of a special use permit for the mining of sand and
soil materials submitted by Henry A. Fisher & Sons, Inc., a Florida
corporation, is granted, for the real property it owns located in
Section 17, township 31 South, Range 39 East, in Indian River
County, Florida, being more particularly described as follows:
VICRER'S PHASE I
A parcel of land lying in Section 17, Township 31 South, Range
39 East, being more particularly described as follows:
Beginning at the Southwest corner of said Section 17, run
North 89' 35' 01" East, 2645.51 feet to a point of curvature of a
curve concave Southwesterly, having a radius of 260.9.0 feet through
which a radial line bears North 75' 05' 14" East; thence run
Northwesterly 342.77 feet along the arc of said curve through a
central angle of 75, 30' 13"; thence South 89' 35' 01" West, 275.39
feet; thence North 00' 24' 59" West, 60.00 feet to the Point of
Beginning. .From the Point of Beginning run South 89. 35' O1" West,
186.53 feet; thence North 21' 48' 43" West, 1483.14 feet to a point
of curvature of a curve concave Southeasterly having a radius of
80.00 feet; thence run Northeasterly 125.66 feet along the arc of
said curve through a central angle of 90. 00' 00"; thence North 68•
11' 17" East, 170.00 feet; thence South 21' 48' 43" East, 1435.00
feet to a point of curvature concave Westerly, having a radius of
370.00 feet; thence run Southerly 138.17 feet along the arc of said
curve through a central angle of 21. 23' 44"; thence South 00. 24'
59" East, 50.53 feet to a point of curvature of a curve concave
Northwesterly, having a radius of 25.00 feet; thence run Southerly
39.27 feet along the arc of said curve, through a central angle of
90. 00' 00" to the Point of Beginning.
AND ALSO
A parcel of land lying in Section 17, Township 31 South, Range
39 East, Indian River County, Florida, being more particularly
described as follows:
Beginning at the Southwest corner of said Section 17 run
North 89. 35' 01" East, 112.00 feet; thence North 00' 09' 07" East,
50.00 feet; thence North 89' 35' 01" East, 442.00 Peet to the POINT
OF BEGINNING. From the P.O.B., run North 00' 09' 07" East, 250.00
feet to a point of curvature concave Northeasterly having a radius
Of 50.00 feet through which a radial line bears North 89, 35' O1"
East; thence run Easterly 79.04 feet along the arc of said curve
through a central angle of 90. 34' 06"; thence North 89' 35' oi"
East, 745.01 feet to a point on a non -radial curve, concave
Southeasterly, having a radius of 90.00 feet and through which a
radial line bears North 00' 24' 59" West; thence run Southwesterly
91.09 feet.along the arc of said curve through a central angle of
57' 59' 26"; thence South 31' 35' 35" West, 191.88 feet, thence
South 89' 35' 01" West, 619.52 feet to the POINT OF BEGINNING.
All the above situate in Indian River County, Florida and
containing 12.3 acres, more or less.
VICEER'S PHASE II
A parcel of land lying in Section 17, Township 31 South, Range
39 East, Indian River County, Florida, being more particularl
y
described as follows:
Beginning at the Southwest corner of said Section 17, run
North 89' 35' 01" East, 112.00 feet; thence North 00. 09' 07" East,
50.00 feet to the POINT OF BEGINNING. From the Point of Beginning,
continue. North 00' 09' 07" East, 1775.55 feet; thence South 89' 35'
01" West, 361.39 feet to a point of curvature concave Southwesterly
having a radius of 80.00 feet; thence run Southerly 124.87 feet
along the arc of said curve through a central angle of 89' 25' 54";
thence South 00. 09' 07" West, 1689.25.feet; thence South 89' 35'
01" West, 442.00 feet to the Point of Beginning.
All the above situate in Indian River County, Florida and
containing 17.9 acres, more or less.
SECTION ?i CONDITIONS OF APPROVAL AND CONTINUATION OF THE
SPECIAL USE PERMIT. The approval of the City Council of the
application of Henry A. Fischer & Sons, Inc. for the special use
permit that is the subject matter of this Resolution is expressly
4
conditioned on the continuous satisfaction of, and compliance with,;
the following requirements by Henry A. Fischer & Sons, Inc.
A. Compliance with the provisions of all applicable federal
and Florida statutes, rules and regulations, county ordinances
and the ordinances and resolutions of the City of Sebastian,
including, but not by way of limitation, Sections 20A-5.19 and
20A-5.37, inclusive, of the Land Development Code.
B. The providing of compliance and restoration bonds for the
operation contemplated in the revised plans of the Applicant
payable to the City of Sebastian in a form, an for such
amounts, acceptable to the City, in accordance with the
provisions of Section 20A -5.30(e) of the Land Development
Code.
C. The providing of Type A or natural landscaping
buffer/screening in accordance with the Land Development Code.
D_ The revision of the plans initially proposed by the
Applicant in a form and substance acceptable to the City as
provided in Section 20A-5.29 of the Land Development Code.
E. The revision of the plans initially proposed by the
Applicant in a form and substance which indicate that the
project is to be conducted in two phases in compliance with
20A -5.30(c)(1) of the Land Development Code.
F. The operation of the sand mining project on*Saturdays
shall only occur between the hours of 7:00 A.M.-'and 5:00 P.M.,
but such Saturday operations shall immediately cease if at any
time after the passage of this Resolution, the City Council,
in its sole discretion, determines that Saturday operations
constitute a nuisance to the neighborhood (surrounding
properties) .
SECTION 3. CONFLICT. All Resolutions or parts thereof in
conflict herewith are,,to the extent of such conflict, superseded
and repealed.
SECTION 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
E
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Resolution without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and
effect.All Resolutions or parts thereof in conflict herewith are,
to the extent of such conflict, superseded and repealed.
SECTION 6. EFFECTIVE DATE: This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember N, jdint�p The motion was seconded
by Councilmember n��� � and, upon being put
into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damn
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this C?5Z day of �C'GLLIt4c/ , 1995.
J
CITY OF,5sZBAsT1AN, FLORIDA
By:
ATTEST: Arthur LLF—irtrion, Mayor
Kathry M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
C.L. z-- c — n ,
Clifton A. McClelland, Ur.
City Attorney
3
$ 20A3.13. SEBASTIAN LAND DEVELOPMENT CODE
in regulating the use. Such material shall include a state.
ment in conspicuous type declaring that time-share units J
will or may be created with respect to units proposed;
and/or
2. An amendment to a prior existing condominium declara-
tion that permits time-share estates to he created, which
amendment has been executed by each record owner of
each unit of the condominium and each record owner of
each lien on each unit of the condominium.
I. Other required information. Applicants for a time-share use
shall file with the city all public documents required by the state
in regulating such use. The purpose of this requirement is to
provide assurance that the applicant has been found in compli-
ance with all requisite state regulations governing the use, in-
cluding method of sales, operations, and other issues of public
health, safety; welfare, and morals.
Sec. 20A-3.14. IN, Industrial District.
A. Purpose and intent The IN district is established to imple.
ment comprehensive plan policies for managing land designated
for industrial development which meets standards for limited
industrial development. Salvage yards and junkyards are deemed
to generate highly extensive adverse impacts for the urban area
and shall not be permitted uses in the city. limits of Sebastian.
Such activities are more appropriately located outside urban areas
near major regional transportation facilities.
B. Permitted uses. In this district as a permitted use a building
or premises may be used only for the below stated uses. All
applicable provisions of this code shall be satisfied including site
plan review and performance criteria.
Permitted uses: Public and private utilities, business and
professional offices, gasoline sales, general retail sales and
services, limited commercial activities, merchandising of sec-
ondhand goods, enclosed commercial amusements, plant nurs-
eries and landscape services, restaurants (excluding drive-ins),
trades and skilled services, vehicular sales and related ser -
148
Exhibit
LEGAL BASIS AND GENERAL PROVISIONS 4 20A-3.14.
vices, vehicular services and maintenance, wholesale trades and
services, veterinary medical services, industrial activities as
defined in subsection 20A -2.5(D), and accessory uses, including
one accessory watchman facility limited to one hundred fifty
(150) square feet.
C. Conditional uses. In this district as a conditional use a
building or premises may be used for only the following condi-
tional uses upon compliance with applicable conditions stated in
Article VI and all other applicable provisions of this code, includ-
ing site plan review and performance criteria. The planning and
zoning commission shall ascertain if such conditions and provi-
sions are satisfied. Appeal of such decisions shall be heard by the
city council.
Conditional uses: Public protective and emergency services,
public parks and recreation areas, unenclosed commercial amuse-
ments, and accessory uses.
D. Size and dimension criteria:
1. Minimum lot size: None; except fifteen thousand (15,000)
square feet for new subdivisions approved subsequent to
the adoption of this ordinance.
2. Minimum lot width: None; except one hundred (100) feet
for new industrial subdivisions approved subsequent to
the adoption of this ordinance.
3. Minimum lot depth: 125 feet.
4. Maximum building height: 35 feet. No structure shall be
erected within the approach zones of active runways on the
Sebastian Municipal Airport at a height in excess of those
permitted by the FAA or the city council. All structures
shall comply with the City of Sebastian Airport Master
Plan.
5. Minimum living area: N/A.
6. Minimum setbacks:
(a) Front yard: 20 feet, except new industrial subdivision
shall have a twenty -foot setback.
(b) Side yard (interior): None required.
149
4 20A-2.3. SEBASTIAN LAND DEVELOPMENT CODE
ble to the property to which it reverted shall apply to such
vacated or abandoned road, street or alley.
(10) Excluded areas: Where parcels of land and water areas
have been inadvertently excluded from a zoning district
classification in any manner, said parcels shall be classi-
fied in conformance with the most restrictive zoning dis-
trict which abuts the excluded area until or unless changed
pursuant to amendment procedures contained herein.
Sec. 20A-2.4. Compliance with district regulations.
No building or structure shall be erected, reconstructed or
structurally altered, nor shall any building, land or water be
used for any purpose other than a use permitted in the district in
which such building, land or water is located. No building or land
shall be used so as to produce greater heights, smaller yards, or
less unoccupied area and no building shall be occupied by more
families than hereinafter prescribed for such building for the
district in which it is located. No lot, which is now or which may
be hereafter built upon shall be so reduced in area so that the
yards and open spaces will be smaller than prescribed by this
article.
Sec. 20A-2.5. Land use classifications.
The purpose of these provisions is to classify uses into specially
defined types on the basis of common functional characteristics
and land use compatibility. These provisions apply throughout
the zoning regulations. All land use activities are classified into
the following activity types.
A. Residential activities:
1. Single-family dwellings
2. Two-family dwellings
3. Multi -family dwellings
4. Mobile homes
5. Accessory residential activities
FS3
LEGAL BASIS AND GENERAL PROVISIONS 4 20A-2.5.
and having pumps, underground storage tanks and other
facilities for such activity and which may include the re-
tail sale of minor automobile parts and accessories such as
tires, batteries, spark plugs, fan belts, shock absorbers,
mirrors, floor mats, cleaning and polishing materials and
similar items, and which may include the inspection, ser-
vicing or minor repair of motor vehicles. These services
shall not include body repair and painting, frame straight-
ening, or tire recapping or vulcanizing.
23. Vehicular sales and related services. The retail or whole-
sale sale or rental of motor vehicles and related equip-
ment, with incidental services and maintenance.
24. Veterinary medical services. The provision of animal medi-
cal care and treatment by a Florida licensed veterinarian.
25. Wholesale trades and services. The display, limited storage
and sale of goods to other firms for resale, excluding out-
side storage, except as otherwise provided in this chapter.
D. Industrial activities. The following compatible land uses are
included in the industrial land use classification:
1. Vehicle and other mechanical repairs and services, includ-
ing those not permitted as commercial zoning activities
including paint and body shops.
2. Kennels for boarding of domestic dogs and cats and veteri-
nary medical operations.
3. Manufacturing activities, including assembly and distribu-
tion of goods, maintenance, repair, reconditioning, clean-
ing, transportation, utilities, printing, cooking, fruit and
vegetable packing and/or processing, general packaging
and processing activities, testing and research and devel-
opment industries, ice plants, commercial laundries, stone
shops, machine shops, agricultural research laboratories,
vocational and trade schools, and accessory uses.
Other manufacturing uses approved by the city building
official based on similarity of use, excluding metal fabrics -
67
5 20A-2.5. SEBASTIAN LAND DEVELOPMENT CODE
tion, chemical or petroleum manufacturing, rubber or plas.
tics manufacturing, or other use generating potentially
harmful nuisance impacts such as noise, vibration, glare,
dust, explosive or fire hazard, offensive odors beyond the
property line or causing air or water pollution in violation
of performance standards contained herein or in violation
of applicable state or federal standards; and based on ab-
sence of any characteristic dissimilar and incompatible
with the uses identified herein.
4. Truck or bus terminal facilities, including motor freight
transportation, and moving and storage facilities.
5. Manufacturing service establishments, such as heavy ma-
chinery repair and service; heavy machinery or heavy equip-
ment rental or other service uses approved by the city
building official based on similarity'of use, excluding ser-
vices which may generate potentially harmful nuisance
impacts; and based on absence of any characteristic dis-
similar and incompatible with the uses identified herein.
6. Warehousing, storage and distribution activities, including
building contract construction, building supplies, furniture
stores with major warehousing, and trade services with
extensive warehousing, trucking support facilities, or re-
quirement of outside storage.
Sec. 20A-2.6. Special use permits.
A. Jurisdiction. Notwithstanding any provisions of this arti-
cle, the city council may, in its sole discretion, grant a special use
permit in any district for a use which is not provided for in the
zoning regulations. All such uses shall not be otherwise illegal,
shall not be specifically prohibited pursuant to the comprehen-
sive plan or other applicable law or regulations, and shall satisfy
the following findings of fact by the city council.
B. Required findings of fact The city council shall not grant
any special use permit under this section unless it shall make
findings based upon the evidence presented to it in each specific
case that:
1. The granting of the special use permit will not be detri-
mental to the public safety, health or welfare or be injuri-
68
LEGAL BASIS AND GENERAL PROVISIONS 4 20A-2.6.
ous to other properties or improvements within the imme-
diate vicinity in which the property is located; and
2. The use requested is consistent with the purpose and in-
tent of the respective district, and can be demonstrated to
be similar in nature and compatible with the uses allowed
in such district.
C. Conditions. In granting special use permits under this sec-
tion, the city council may require such conditions as will, in its
judgment, substantially secure the objectives and intent of the
zoning regulations and other components of the city's a—T nd devel-
opment controls.
A Public hearing. Before acting on any request under this
section, the city council shall hold a public hearing thereon, with
notice as follows:
1. By publication in a newspaper of general circulation in the
City of Sebastian at least seven (7) days prior thereto; and
2. By certified mail, return receipt requested, to the owners
of record of real property located within two hundred (200)
feet of the real property involved in such request, at least
fifteen (15) days prior thereto. This requirement is direc-
tory only and not mandatory.
E. Fees and costs. There shall be an application fee for a spe-
cial use permit under this section. The amount of the fee shall be
determined by resolution of the city council. The applicant shall
bear the expense of giving the required notices.
Cross reference—Conditional use and special exception use criteria, Art. VI.
[Phe nexL page is 1191
69
§ 20A-5.17. SEBASTIAN LAND DEVELOPMENT CODE
therein. Where any drain pipe is laid under a driveway or similar
installation, the final grade of the fill with sod overlay shall be at
least two (2) inches below the invert of the ends of the pipe so that
the sod does not obstruct the flow of water from the pipe.
C. It shall be the continuing responsibility of any owner of the
lot to maintain such swales, ditches, and pipes to maintain the
proper flow of surface water.
(Ord. No. 0-87-16, § 1, 6-10-87)
Sec. 20A5.18. Construction of driveways, swales, and other
improvements affecting drainage.
The design of all drainage provisions to new or existing drive-
ways or other elements of the circulation system potentially im-
pacting drainage shall be approved by the city engineer prior to
commencement of construction or excavation activity. Review by
the city engineer is necessary in order to assure that:
1. New driveways and other elements of the circulation sys-
tem provide adequate drainage, swales, ditches or similar
stormwater channels and;
2. Improvements to existing driveways or other elements of
the circulation system are designed to protect and/or en-
hance existing drainageways, or needed drainageways, as
deemed appropriate by the city engineer.
Driveways are encouraged to be paved and culverts shall be
designed to meet accepted engineering standards. The city engi-
neer shall administer the provisions of this section based on
generally accepted engineering principles and practices.
Scc. 20A5.19. Excavation and mining—Purpose.
The city finds that it is necessary to regulate excavation activi-
ties, including mining, in order to prevent public nuisances, safety
hazards, and damage to private and public property in the exca-
vation and mining of land. Further, such regulations are neces-
sary in order to protect the environment, including the quality
and quantity of ground and surface waters.
(Ord. No. 0-88-27, § 2, 11-30-88)
Supp. No. 6 340
j Exhibit
LEGAL BASIS AND GENERAL PROVISIONS § 20A5.20.
Editor's note—Ord. No. 0-88-27, §§ 1, 2, adopted Nov. 30, 1988, repealed §
20A-5.19, and enacted H 20A -5.19-20A.5.45 to read as herein set forth. Prior to
repeal, former § 20A-5.19 pertained to sandmining and special use permit re-
quired therefor, and was derived from Ord. No, 0-88-12, § 1, adopted May 25,
1988.
Sec. 20A5.20. Same—Definitions.
(a) Atlantic coastal sand ridge. A prehistoric geologic forma-
tion located parallel and proximate to United States Highway
No. 1 in Indian River County. For the purposes of this section, the
sand ridge shall be characterized by having a combination of the
following attributes:
(1) The substrate is predominately excessively drained deep
sandy soils or associated moderately well -drained soils,
which include, but are not limited to: Paola, St. Lucie,
Astatula, Arcbold, Pomello, Orsino, and Jonathan soil se-
ries (as verified by the soil conservation service);
(2) The land supports predominately sand pine (Pinus clausa)
and associated scrub vegetation; and/or
(3) The natural topographic elevation is equal to or greater
than twenty-five (25) feet mean sea level (MSL).
(b) Banktop. The point where the upward slope of the land
from the water surface, or the bottom of a dry excavation, inter-
sects with the existing ground elevation or crest of berm, which-
ever is of higher elevation.
(c) Control elevation. That height above sea level established
for a surface water management system and its control struc-
tures by the St. Johns River Water Management District through
the analysis of engineering criteria for such systems and flood
routing calculations, or as determined by the city engineer where
St. Johns River Water Management District permits are not
required.
(d) Excavation. The removal of any rock, gravel, soil, shellrock
or mineral from the ground where such removal is incidental to
any city development order or permit, including approved site
plans, subdivision plats, final development plans and/or building
permits. Where excavation is associated with construction of a
Supp. No. 6 341
§ 20A-6.20. SEBASTIAN LAND DEVELOPMENT CODE
single-family residence, and such excavation is not authorized '
through any city development order or subdivision plat, all exca-
vated materials in excess of one thousand (1,000) cubic yards
shall remain on site.
(e) Extended littoral zone shelf. The most landward extent of
the littoral zone, located between control elevation and one verti.
cal foot above elevation. This segment of littoral zone receives
intermittent inundation and is the area where trees are to be
planted in association with implementation of water manage-
ment standards as contained herein.
(f) FilC The placement of any sand, rock, gravel, soil, shellrock
or mineral on the ground.
(g) Mine abandonment. The cessation of mining activities in-
cluding, but is not limited to, excavation, dewatering, stockpil-
ing, and removal of material off-site for a period of more than one
year as reflected in the annual mining report.
(h) Mining. The excavation of more than five thousand (5,000)
cubic yards of sand, rock, gravel, soil, shellrock or minerals from
any project site in any calendar year, where the excavated mate-
rial is hauled from that project site to another location across any
public or private road, except for those private roads solely within
the applicant's property.
(i) Low water elevation. The normal water table for January to
March as determined by the city engineer.
0) Project site. That portion of the real property which is being
excavated or mined together with all property within one hun-
dred (100) feet of the perimeter of the excavation or mining
activity.
(k) Water body. Any natural or artificial pond, lake, reservoir,
or similar area which ordinarily contains water and which has a
discernible shoreline.
(1) Wetlands. Wetlands shall be defined as set forth in section
20A -10.2(G) of the Land Development Code.
(m) Type 'A" screening. An opaque screen is intended to com-
pletely exclude all visual contact between uses. The type "A"
screen shall be completely opaque from the ground up to a height
Supp. No. 6 342
LEGAL BASIS AND GENERAL PROVISIONS 120A5.22.
of at least six (6) feet, with large trees utilized as intermittent
visual obstructions from the opaque portion to a mature height of
at least twenty (20) feet. The opaque screen may be composed of a
wall, fence, landscaped earth berm, planted vegetation, or exist-
ing vegetation, or any combination thereof which contains a com-
pletely opaque screen of at least six (6) feet in height. Compliance
of planted vegetation screens or natural vegetation will be judged
on the basis of the average height and density of foliage of the
subject species at the time of planting, or field observation of
existing vegetation. The six-foot opaque portion of the screen
must be opaque in all seasons of the year.
(Ord. No. 0-88-27, § 2, 11-30.88)
Sec. 20A-5.21. Same—Prohibited activity.
It shall be illegal for any person, association, corporation or
other entity to excavate or mine any real property in the city,
without first obtaining a permit for such activity, except as ex-
empted in section 20A-5.22. It shall be illegal for any person,
association, corporation or other entity to engage in permitted
activity in a manner contrary to the conditions set forth in such
permit.
(Ord. No. 0-88-27, § 2, 11-30-88)
Sec. 20A-5.22. Same—Exceptions.
Except as may be permitted by section 20A-5.17 of this Land
Development Code, the following activities shall be exempted
from the permitting requirements of this Land Development Code:
(a) Earthmoving in conjunction with the installation of a util-
ity, wherein the excavation is to be balled.
(b) Construction of state, federal, or local public roads and
public works within the limits of public property.
(c) Graves.
(d) Any activity regulated by the Florida Electrical Power
Plant Siting Act, codified as Sections 403.501 through 403.517,
Florida Statutes (1987), and the Transmission Line Siting
Act, codified as Sections 403.52 through 403.536 Florida
Statutes (1987), to the extent that the provisions of this
code are preempted by said acts.
Supp. No. 6 343
§ 20A5.22. SEBASTIAN LAND DEVELOPMENT CODE
(e) Maintenance activities undertaken by a public utility, as
defined in Section 366.02, Florida Statutes (1987), with
regard to existing electrical power plants, reservoirs and
other related activities.
(f) Any excavation incidental to any authorized city develop-
ment order or permit, including approved site plans, sub-
division plats, final development plans and/or building per-
mits, whereby no more than five thousand (5,000) cubic
yards of excavated materials are removed from the premises.
(g) Maintenance dredging of lakes or canals. However, this
paragraph shall not be construed to exempt excavation
activities resulting in the creation of a water body.
(h) Incidental filling activity on developed single-family resi-
dential property such as the placement of topsoil for a
garden, and marl, gravel, shell, or other similar material
for a driveway, that will not include more than fifty (50)
cubic yards in any one calendar year.
(i) A pond on a single-family residential lot, provided that:
1. The pond is no greater than one-half acre in size or
twenty (20) percent of the lot, whichever is more
restrictive;
2. No excavation takes place within fifty (50) feet of the
lot property line;
3. The excavation does not disturb any existing wetland;
4. Average water depth in the pond does not exceed twelve
(12) feet;
5. Side slopes are not greater than one foot vertical to
four (4) feet horizontal;
6. There shall be no hauling of excavated material from
the property; and
7. A pond permit is obtained from the city building
department.
(Ord. No. 0-88-27, § 2, 11-30-88)
Seca. 20A -5.23-20A528. Reserved.
Supp. No. 6
344
LEGAL BASIS AND GENERAL PROVISIONS § 20A5.29.
Sec. 2OA5.29. Excavation and mining—Water management
standards.
(a) Any excavation or mining activity which results in the
creation or expansion of a water body shall be subject to the
following standards, except as specifically exempted in section
20A-5.22.
(b) A littoral zone shall be established as part of any created
water body. A design and management plan must be submitted
which shall:
(1) Include a topographical map of the zone showing the con-
trol elevation contour and the minus two and one-half
(-2%) feet control water elevation contour, and include a
cross-sectional view of the littoral zone planting design,
showing the required slopes from the top of the bank to a
depth of two and one-half (21h) feet below the control water
elevation.
(2) Specify how vegetation is to be established, including the
extent, method, type and timing of any planting provided;
(3) Provide a description of any water management procedures
to be followed in order to ensure the continued viability
and health of the littoral zone; and
(4) Include a plan view which documents the location and
quantity of the littoral zone.
(c) The established littoral zone shall consist of native vegeta.
tion, and shall be maintained permanently as part of the water
body. All landscaping, littoral zone vegetation plans and lake
management plans shall comply with the St. Johns River Water
Management District rules and shall be subject to approval by
the city building official.
(d) Within extendedlittoral zone shelves (at the landward base
of the littoral zone side slopes), the applicant is required to pro-
vide a minimum of one tree for every five hundred (500) square
feet of littoral zone coverage. The proposed trees must be of a
minimum size consistent with Florida Division of Forestry seed-
lings and consist of native, freshwater wetland varieties such as
red bay, red maple, bald cypress, etc.
Supp. No. 6 345
§ 20A-5.29. SEBASTIAN LAND DEVELOPMENT CODE
(e) The slopes of the water body areas from the top of bank to
the littoral zone area shall not exceed one foot vertical to three (3)
feet horizontal. Littoral zones and extended littoral zone shelves
shall be located within an area bounded by a landward limit of
one foot above the control water elevation and a waterward limit
of two and one-half (2%) feet below the control water elevation.
The amount or area of littoral zone shall be computed at a rate of
fifteen (15) square feet of littoral zone (below control elevation)
per linear foot of shoreline. The littoral zone slope shall not be
steeper than an average slope of one foot vertical to six (6) feet
horizontal, and the littoral zone need not be established in a
continuous band around the water body. Although no minimum
slope below the littoral zone is required, the slope below the
littoral zone shall be constructed so that natural soil movement
will not reduce the littoral zone area.
(f) There will be no significant adverse off-site impact on ground
water quality or ground water levels. In the event of dewatering
associated with excavations, including mining, the applicant shall
present evidence that no saltwater intrusion and/or reduction in
quality of well water available to properties within one-quarter
mile of the permitted activity will occur.
(g) The water management system, including swales, intercon-
nected wetlands, and lakes, must be specifically designed to in-
hibit siltation and the eutrophication processes. To ensure this,
the applicant must submit an environmental management and
lake monitoring plan, which meets with the approval of the city
building official, specifying the method for monitoring the sys-
tem and corrective action should eutrophication and/or siltation
occur.
(h) A twenty -foot -wide access maintenance easement shall be
provided for every one thousand (1,000) feet of shoreline. This
easement shall extend from below control elevation of the lake to
a public or private road right-of-way.
(Ord. No. 0-88-27, § 2, 11-30-88)
Sec. 20A-5.30. Same—Mining permit regulations.
(a) Applicability. A city mining permit shall be required for
any mining activity except as specifically exempted in section
Supp. No. 6 346
LEGAL BASIS AND GENERAL PROVISIONS $ 20A-6.30.
20A-5.22. Any request for a mining permit shall be considered to
be an application for a special use permit, and the procedure set
forth in section 20A-2.6 of this Land Development Code shall be
followed.
(b) Application procedures. Mining permit applications shall
be made in the building department in accordance with site plan
submittal requirements set forth in Article X, "Site Plan Re-
view.' The site plan application must demonstrate conformance
with all city codes, and include the following specific submittal
requirements:
(1) A mining plan, including:
(i) Plan review and cross-sections of mining areas;
(ii) Amount of fill to be removed, expressed in cubic yards;
(iii) Timetable of mining activity;
(iv) Method of mining;
(v) Hours of operation; and
(vi) Safety and security plan.
(2) A restoration plan, including:
(i) A description of the eventual future use of the site;
(ii) Final grades of the site.
(c) Conditions of the mining permit
(1) The maximum project -site development phase for mining
activities shall not exceed twenty (20) acres.
(2) No mining shall occur within one hundred fifty (150) feet
of a projected right-of-way line of any existing or proposed
public road, nor within one hundred fifty (150) feet of the
outer perimeter of the project site. Where a mining opera-
tion consists only of the removal of a mound and does not
consist of lowering the elevation of ground below the neigh-
boring property, an exception to the one hundred fifty (150)
foot setback may be permitted at the time of site plan
approval.
(3) Any mining activity that results in the creation or expan-
sion of a water body shall be subject to the provisions of
section 20A-5.29. Projects creating water bodies must also
Supp. No. 6 347
�1_ .
4 20A5.30. SEBASTIAN LAND DEVELOPMENT CODE
provide a safety and security plan for the mining operation
phase, including, but not limited to, fences, access, control,
and other security provisions.
_(4) If the project site is of a size that falls below St. Johns
River Water Management District permitting thresholds
and is located (in whole or part) on the Atlantic coastal
sand ridge, no excavation governed by a mining permit
shall result in an average elevation of less than twenty-
five (25) feet mean sea level (MSL) for that portion of the
project site located on the sand ridge. Mining project sites
that are large enough to fall within St. Johns River Water
Management District (SJRWMD) permitting requirements
g�
shall conform to SJRWMD permitting requirements con -
\ (r
i
cerning depth of mining and all other applicable SJRWMD
permitting requirements.
„Al
(5) If the project site is adjacent to a residentially zoned area,
IY �1
T,/ u
the perimeter of the site abutting such an area shall in -
fifty bufferyard type "A" screening
J
clude a -foot -wide and
along said site boundary.
(6) No crusher, mixing plant, bin, tank, or structure directly
involved in the production process shall be located less
than six hundred (600) feet from any adjacent residentially
zoned property, and two hundred fifty (250) feet from all
other adjacent nonresidentially zoned property.
(7) Hard rock mining activities shall ensure that measures
are taken to control dust.
/ (8) The city planning and zoning commission shall, upon fa-
vorable review of the mining site plan, forward its recom-
mendations to the city council. The city council may, after
a public hearing, order issuance of an operating permit to
the owner of the land under his signature if all conditions
precedent are met, and such permit shall be issued by the
building department within ten (10) days after the deter-
mination of compliance by the city council.
(9) Provisions for continuing operation. Nothing herein shall
be construed as a requirement that an operator of an exist-
ing sand mine shall cease operations until a mining site
Supp. No. 6 348
14 x/-7/97
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ROLL CALL I
Mr. Barnes
Mrs. Damp U
Mr. Halloran r /1T)
Mr. Taracka
Mrs.cartwright — n b
ITEM
ROLL CALL 2
Mrs. Damp —
Mr. Halloran
Vt�l
Mr. Taracka
—
Mrs. Cartwright
—
Mr. Barnes
— r)U
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MOTION
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SECOND_
ITEM NO. — i-(0 MOTION
ROLL CALL 3
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes �—
Mrs. Damp
SECOND,
ITEM NO. MOTION
ROLL CALL 4
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran SECOND
ITEM NO.
ROLL CALL 5
Mrs. Cartwright
W. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
MOTION
PC-
00 V, Address
V/ For
QUASI-JUDICIAL HEARING SIGN-UP SHEET
FEBRUARY 19, 1997
97.072 A. Conduct Quasi -Judicial Public Hearing on Sandmining Special Use Permit
Application for Vickers Grove Subdivision Phase III - Consider Ado tp ion
of Resolution No. R-97-08
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QUASI-JUDICIAL HEARING SIGN-UP SHEET
FEBRUARY 19, 1997
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Name
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For Against Information
City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
SUBJECT: Approval of )
Resolution No. R-97-8 )
Approval for Submittal By: )
City Manager
V )
EXPENDITURE
REQUIRED:
Agenda Number: W. (N
Dept. Origin: Community Dev. n
(RM)
Date Submitted: 02/13/97
For agenda Of: 02/19/97
Exhibits:
AMOUNT
BUDEGETED:
1. Resolution No. R-97-8
2. Staff report
3. Location map
4. application
SUMMARY STATEMENT
APPROPRIATION
REQUIRED:
Dr. Henry Fischer has applied for a sand mining permit for a project known as Vickers
Grove Phase III. This is an expansion of the mining operations that are a part of the mining
associated with the Vickers Grove Subdivision. The Phase III project is east of the existing
operation away from the residential area and toward the railroad. Attached is the staff report, a
location map and the application.
RECOMMENDED ACTION
Approve Resolution No. R-97-8.
Press Journal, Wednesday, February 12, 1997
10 Legals
PUBLIC HEARING NOTICE
CITY OF SEbASTIAN
INDIAN RIVER COUNTY
FLORIDA
Pursuant to Section 20A-2.6 of the
Land Development Code of the
City of Sebastian, the City Council
of the City of Sebastian, Indian
River County, will hold a Special
Meeting to conduct a Quasi -
Judicial Public Hearing on
Wednesday, February 19, 1997 at
6:00 p.m. in the City Council
Chambers, City Holl, 1225 Main
Street, Sebastian, Florida, to con-
sider adopting a resolution regard
ing an application for a special use
mndmining permit for the third
phase of the Vi<ker's Grove Subdi-
vision, a parcel of land situated in
a portion of Section 17, Township
31 South, Range 39 East, Indian
River County, Florida containing
12.6 acres, more or less. All
records are available for review in
the office of the City Clerk, City
Holl, 1225 Main Street, Sebastian,
Florida, Monday through Friday,
between the hours of 8:00 a.m. to
41:30 p.m.
All interested parties may appear
at the hearing and present testi.
many with respect to the proposed
special use permit.
By: Kathryn M. O'Halloran,
CMC/AAE
City Clerk
City of Sebastian
Any person who may wish to
appeal any decision which may be
mode by the City Council at this
hearing will need to ensure that a
verbotim record of the proceedings
Is mode which record includes the
testimony and evidence upon which
the appeal will be based.
(286.0105 F.S.)
In compliance with the Americans
With Disabilities Act (ADA), any-
one who needs a special accom-
modation for this meeting should
contact the City's ADA Coordina-
tor at 589-5330 at least 48 hours I
in advance of the meeting.
Feb. 12, 1997 1035809r
PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared Darryl K. Hicks who on
oath says that he is President of the PressJoumal, a daily newspaper published at Vero Beach
in In . n River County, Florida; that the attached copy of advertisement, being
in the matter-� .C.I�_�
J
in the Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Press -Journal is a newspaper published at Vero Beach, in
said Indian River County, Florida, and that the said newspaper has heretofore been
continuously published in said Indian River County, Florida, each daily and has been entered as
second class mail matter at the post office in Vero Beach, in said Indian River County, Florida,
for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in said newspaper.
rte,/rIINHIIryi,H
e�lt M- Tu �y
L' l{t�as�i38:ibed before me this ' � day of `� L(/� A D. 9`
M. TUTTLE. NOTARY PUBLIC
wo
PUBLIC HEARING NOTICE
CITY OF SEbASTIAN
INDIAN RIVER COUNTY
FLORIDA
Pursuant to Section 20A-2.6 of the
Land Development Code of the
City of Sebastian, the City Council
of the City of Sebastian, Indian!
River County, will hold a Special'
Meeting to conduct a Quasi -
Judicial Public Hearing on
Wednesday, February 19, 1997 of
6:OD p.m. in the City Council
Chambers, City Holl, 1225 Main
Sheet, Sebastian, Florida, to con.
sider adopting a resolution regard.
ing an application for a special use
sondminirg permit for the third
phase of the Vicker's Grove Subdi.
vision, a parcel of land situated in
a portion of Section 17, Township
31 South, Range 39 East, Indian
River County, Florida containing
12.6 ones, more or less. All
records are available far review in
she office--of_thelity_Clork, City
Holl, 1225 Main Sheet, Sebastian,
Florida, Monday through Friday,
between the hours of 8:00 a.m. to
4:30 p.m.
All interested parties may appear
at the hearing and present testi.
mony with respect to the proposed
special use permit.
By: Kathryn M. O'Halloran,
CMC/AAE
City Clerk
City of Sebastian
Any person who may wish to
appeal any decision which may be
made by the City Council at this
hearing will need to ensure that a
verbatim record of the proceedings
Is made which record includes the
testimony and evidence upon which
the appeal will be based..
1286.0105 F.S.I
In compliance with the Americans
With Disabilities Act (ADAI, any-
one who needs a special accom-
modatlon for this meeting should
contact the City's ADA Coordina-
tor at 589-5330 at least 48 hours
in advance of the meeting.
Feb. 12, 1977 1035809r
City of Sebastian
1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958
TELEPHONE -(407) 589-5330 ❑ FAX (407) 589-5570
/225 Main Street
Sebastian, R32.958
(561) 589-5.330
Fax: (561) 589-5570
FAX TRANSMISSION COVER SHEET
FAX
DATE
TO
FROM
RE.
YOU SHOULD RECS/I/E PAGE(5), INCLUDING THIS COKER SHEET IF YOU
DO NOT RECEIVEAL THEPAGES, PL SA5E CALL
(561)--585--5330
NOTES/SPECIAL INS T RUC T IONS:
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 a FAX (561) 589-5570
February 3, 1997
Vero Beach Press Journal
Legal Advertising Department
P.O. Box 1268
Vero Beach, Florida 32960
RE: Public Hearing Notice
Please publish the attached Public Notice in the Press Journal Legal Notice Section on
Wednesday, February 12, 1997.
If you have any questions regarding this, please give our office a call.
Sincere
Kathryn M. 'Halloran, CMC/AAE
City Clerk
KMO:js
attachment
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
PUBLIC HEARING NOTICE
CITY OF SEBASTIAN
INDIAN RIVER COUNTY
FLORIDA
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, the City
Council of the City of Sebastian, Indian River County, will hold a Special Meeting to conduct a
Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00 p.m. in the City Council
Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider adopting a resolution
regarding an application for a special use sandmining permit for the third phase of the Vicker's
Grove Subdivision, a parcel of land situated in a portion of Section 17, Township 31 South,
Range 39 East, Indian River County, Florida containing 12.6 acres, more or less. All records are
available for review in the office of the City Clerk, City Hall, 1225 Main Street, Sebastian,
Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
All interested parties may appear at the hearing and present testimony with respect to the
proposed special use permit.
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
In compliance with the Americans With Disabilities Act (ADA), anyone who needs a special
accommodation for this meeting should contact the City's ADA Coordinator at 589-5330 at least
48 hours in advance of the meeting.
Publish: Press Journal - Legal Notices
Wednesday, February 12, 1997
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
January 28, 1997
Victor Williams
358 Concord Ave.
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
CERTIFIED
January 28, 1997
Atlantic Gulf Corporation
2601 South Bayshore Drive
Miami, FL 33133-5461
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the wicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
January 28, 1997
Erna Reilly
651 Schumann Drive
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 (3 FAX (561) 589-5570
CERTIFIED
January 28, 1997
Sewpersau Timual
11 Grant Avenue
Bronx, N.Y. 10456
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 13 FAX (561) 589-5570
January 28, 1997
Robert Flicks
801 Essex Lane
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the wicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET El SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
January 28, 1997
Trinity Lutheran church
611 Schumann Drive
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
January 28, 1997
Carol Schumann
109 Queens Road
Ft. Pierce, FL 34949
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
January 28, 1997
Richard Maggard
1003 SE 5th Court
Deerfield Beach, FL 33441
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the wicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
January 28, 1997
John Allen
P.O. Box 441
Prestonburg, KY 41654
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
January 28, 1997
Carlton Abbott
350 Concord Avenue
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F. S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
January 28, 1997
First Baptist Church of Sebastian
1117 N. U.S. 1
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
CERTIFIED
January 28, 1997
William Jursik
739 Schumann Drive
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
CERTIFIED
January 28, 1997
Charlie Bailey
P.O. Box 780732
Sebastian, FL 32978-0732
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
CERTIFIED
January 28, 1997
John Alberts
374 Concord Ave.
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 13 FAX (561) 589-5570
CERTIFIED
January 28, 1997
Wilifred Ong
4662 N. Leclair Avenue
Chicago, Illinois 60643
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
January 28, 1997
Leondino Cruz
1921 Tropical Breeze Drive
Las Vegas, NV 89117
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
January 28, 1997
Hector Hurtado
751 Schumann Drive
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
CERTIFIED
January 28, 1997
Edward O'Neal
757 Schumann Drive
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 11 FAX (561) 589-5570
CERTIFIED
January 28, 1997
Aspen Whispering Palms LTD
2757 44th Street, Suite 306
Grand Rapids, MI 49509
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
January 28, 1997
Atha & Swiger Real Estate
1329 U.S. Highway One
Sebastian, FL 32958
Dear Property Owner:
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian, this is to
inform you that the City Council of the City of Sebastian, Indian River County, will hold a Special
Meeting to conduct a Quasi -Judicial Public Hearing on Wednesday, February 19, 1997 at 6:00'
p.m. in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida, to consider
adopting a resolution regarding an application for a special use sandmining permit for the third
phase of the Vicker's Grove Subdivision, a parcel of land situated in a portion of Section 17,
Township 31 South, Range 39 East, Indian River County, Florida containing 12.6 acres, more or
less. All records are available for review in the office of the City Clerk, City Hall, 1225 Main
Street, Sebastian, Florida, Monday through Friday, between the hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City Council at this
hearing will need to ensure that a verbatim record of the proceedings is made which record
includes the testimony and evidence upon which the appeal will be based. (286.0105 F.S.)
By: Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
i
CITY OF SEBASTIAN, FLORIDA
nPPL1CAT]:ON L -R $AND MINING PERMIT
'PAIS APPLICATION FOR A SAND MINING PERMIT IS PURSUANT TO 711E LAND
DEVELOPMENT OF THE CITY OF SEBASTIAN, FLORIDA, SECTION 20A-5.1.9.
PRINTS OF A MINING SITE PLAN PREPARED, SIGNED AND SEALED BY A
PROFESSIONAL ENGINEER LICENSED IN THE STATE OF FLORIDA.
PLEASE COMPLETE THE FOLLOWING:
' I
1.. DATE OF APPLICATION: DUEii BEP,. 5010 I 199'6-
2. SECTION, TOWNSHIP AND RANGE TOGE'T'HER WITH A LEGAL DESCRIPTION
OF PROJECT AREA: (LEGAL DESCRIPTION MAY BE ATTACHED TO
APPLICATION.)
ATTACHED
3. NAME AND ADDRESS OF OWNER OF RECORD:
10729"U,S. HIgllwey',#1, SeSashian, FL 32958
TELEPHONE: 589-,3159-
4. NAME AND ADDRESS OF APPLICANT: (IF DIFFERENT FROM OWNER
ATTACH LETTER OF AUTHORIZATION)
TELEPHONE (INCLUDE AREA CODE:)
5. ATTACH NINE (9) PRINTS OF MINING SITE PLAN TO APPLICATION
SHOWING AT LEAST THE FOLLOWING INFORMATION.-
(a)
NFORMATION:
(a) North point arrow, scale acceptable to the city
engineer, and date.
(b) Location of the area to be excavated including the
location of any easements or rights-of-way.
(c) Existing and proposed grades based on U.S.G.S. datum.
(d) Location of all existing and proposed structures.
(e) Location of all areas on the property subject to inundation
or flood hazard, and the location with and direction of
flow of all waterways and flood control channels that may be
affected by the excavation.
(f) Bench marks.
(g) Typical cross sections, showing the extent of overburden,
extent of sand and gravel deposits, and the water table.
(11) Processing and storage areas.
(i) Proposed screening including fencing, gates, parking areas
and signs.
(j) Ingress/egress roads, plus on-site roads and proposed
surface treatment and means to limit dust.
(k) A map showing access routes between the property and the
nearest arterial road.
(1) Areas to be used for ponding.
6. Statement describing method of operation. A statement shall be
submitted with the site plan to include the following.-
(a)
ollowing:
(a) The approximate date of commencement of the excavation and
the duration of the operation.
(b) Proposed hours and days of operation.
(c) Estimated date and volume of the excavation.
(d) Method of extracting and processing, including the deposit
of overburden or top soils.
(e) Equipment proposed to be used in the operation of the
excavation.
(f) Operating practices proposed to be used to minimize noise,
dust, air contaminants and vibration.
(g) Method to prevent pollution of surface or underground
water.
7. Required reclamation plan:
(a) A reclamation plan shall be submitted with each application
as part of the site plan which shall include the following:
I. A statement of planned reclamation, including the
methods ,of accomplishment, phasing and timing.
H. A plan indicating the final grade of the excavation;
any water features including the rehabilitation and methods
planned to prevent stagnation and pollution;
landscaping or vegetative planting; and areas of cut- or
fill. This plan, if clearly delineated, may be
included with the site plan. For quarry applications,
the final grade shall mean the approximate planned
final grade.
iii. A phasing plan, if the excavation of the site is to be
accomplished in phases. This plan shall indicate the
area and extent of each phase and the approximate
timing of each phase.
iv. The method of disposing of any equipment or structures
used in the operation of the excavation upon completion of
the excavation.
8. Required fee. The applicatio
shall be determined by resolu,,
9. Signature of applicant:
11 be accompanied by a fee as
of the City Council.
PLEASE. DO NOT WRITE BELOW THIS LINE - FOR CITY USE ONLY
1. DATE APPLICATION RECEIVED:
2. APPLICATION FEE PAID:
3.
NINE
(9) PRINTS OF
SITE PLAN
ATTACHED:
4.
DATE
FIRST ACTION
OF PLANNING
AND ZONING COMMISSION! L_14'
A 1
5. DATE SUBMITTED TO CITY COUNCIL FOR SPECIAL USE PERMIT:
6. DATE OF PUBLIC BEARING BEFORE CITY COUNCIL:
7. DATE OF FINAL CITY COUNCIL ACTION:
8. PERMIT ISSUED (OR DENIED) ON:
WAIVER AND CONSENT
I/We, the owner(s) of the property located at gf)sO 99th Street
Sebastian, Indian River County, Florida, (the "Property", hereby
authorize each and every member of the Planning ani oning Commision
Board/Commission of the City of Sebastian (the
"Board"/ "Commission") to physically enter upon the property and
view the Property in connection with my/our pending Special Use Permit
(the "Proceeding").
I/We hereby waive any objection or defense I/we may have, due to
the quasi-judicial nature of the proceeding, resulting from any
Board/Commission member entering or viewing the property, including
any claim or assertion that my/our procedural or substantive due
process rights under the Florida Constitution or the United States
Constitution were violated by such entering or viewing.
This Waiver and Consent is being signed by me/us voluntarily and
not as a result of any coercion applied, or promises made, by any
employee, agent, contractor or official of the City of Sebastian.
Dated this 5th day of December , 199.
SWORN to and subscribed
December , 1996
My Commission Expires:
Y ' ANN L. PERRY
MY COMMISSION 9 CCN= EXPIRES
-°•fi5 Apr010, 1998
INMED TNNII TIZY FAIN INSURANCE, INC,
before me this 5th day of
1!�l 24�
Notary Public ff
J
Property Owners around Phase Three Vickers Grove Subdivision
December, 5th, 1996
Carlton & Sandra Abbott
350 Concord Avenue
Sebastian, FL 32958
Wilfredo Ong
4662 N Leclaire Avenue
Chicago, IL 60630
Sewpersaud Timaul
11 Grant Avenue
Bronx, NY 10456
Victor & Effie Williams
358 Concord Avenue
Sebastian, FL 32958
Leondmo Cruz
1921 Tropical Breeze Drive
Las Vegas, NV 89117
Bolanos & Norma Abraham
751 Schumann Drive
- Sebastian, FL 32958
First Baptist Church of Sebastian
1117 North US -1
Sebastian, FL 32958
Martha & Hector Hurtado
751 Schumann Drive -
Sebastian, FL 32958
William & Susan Jursik
737 Dempsey Avenue
Sebastian, FL 32958
Edward & Shirley ONeal
575 Schumann Drive
Sebastian, FL 32958
John & Dorothy Aberts
374 Concord Drive
Sebastian, FL 32958
Atlantic Gulf Corp.
2601 South Bayshore Drive
Miami, FL 33133-5461
Richard Maggard
1003 5th Ct. Se
Deerfield Beach, FL 33441
Charles Bailey
PO Box 780732
Sebastian, FL 32958
Post -it® Fax Note
7671
Date_
pages
To
i
From
��
Cojoept.
Cr
Phone #
Phone #
- 33 0
Fax #
Fax # S.-.
,S _ O
n
Community Development Department
Mining Special use Permit Application - Staff Report
1. Project Name: Vicker's Grove Sand Mine Phase III
2. Requested Action: Approval of a special use permit for the a third phase of
the Vicker's Grove Subdivision.
3. Project Location
a. Address:
b. Legal: A parcel of land situated in a portion of Section 17, Township 31
South, Range 39 East, Indian River County, Florida, and being
more particularly described as follows:
Commencing at the intersection of the Florida East Coast
Railway right-of-way and the North line of the Southeast quarter
of the Southwest quarter of the Northwest quarter of said section
17, run North 891 59'29" East, along said North line, 210.02 feet
to the Point of Beginning. From the Point of Beginning sun South
210 48' 43" East, 3327.23 feet, thence South 890 35' 01" West,
259.19 feet to a point of Curvature of a curve concave
Northwesterly, having a radius of 25.11 feet and through which a
radial line bears South 001 24'59" East, thence run Northwesterly
39.27 feet along the arc of said curve, through a central angle of
900 00' 00", thence North 000 24' 59" West, 50.53 feet to a Point
of Curvature of a curve concave Westerly, having a radius of
370.00 feet, thence run Northerly 138.17 feet along the arc of
said curve, through a central angle of 210 48' 43" West, 2457.09
feet to a Point of Curvature of a curve concave Northeasterly,
having a radius of 49.0 feet, through which a radial line bears
South 150 56' 24" West, thence run Northwesterly North 89.37
feet along the arc of said curve, through a central angle of 1040
29' 46", thence North 21048' 43" West, 631.08 feet to the
aforementioned North line, thence North 890 56' 29" East, along
said North line, 113.09 feet to the Point of Beginning.
Containing 12.6 acres, more or less.
C. Indian River County Parcel Number:
4. Project Owner: Henry A. Fischer
10729 US -1
Sebastian, FL 32958
5. Project Agent:
6. Project Engineer: Mosby & Associates, Inc.
245514 1h Avenue
Vero Beach, FL 32960
7. Project Attorney:
8. Project Description
a. Narrative of proposed action: Dr. Fischer has proposed the
construction of a third phase of the Vicker's Grove sand mine. This
would involve the removal of sand on the eastern side of the stormwater
management tract of the Vicker's Grove Subdivision. The proposed use
would result in the expansion of the lake on that tract.
b. Current Zoning: IN
C. Adjacent Properties
Zoning Current Land Use Future Land Use
North: RS -10 residential LDR
East: IN mulch operation IN
South: IN vacant IN
West: RM -8 stormwater management MDR
d. Site Characteristics
(1) Total Acreage: 12.6 acres
(2) Current Land Use(s): mulch operation
(3) Soil: Astatula sand
(4) Vegetation: Cleared
(5) Flood Hazard: Zone X
(6) Water Service: Indian River County Utilities
(7) Sanitary Sewer Service:
(8) Parks:
2
(9) Police/Fire:
9. Comprehensive Plan Consistency
a. Future Land Use: consistent
b. Traffic Circulation: consistent
C. Housing: consistent
d. Public Facilities: consistent
e. Coastal Management: consistent
f. Conservation: The proposed use is consistent with the
conservation element.
Specifically:
Policy 6-1.6.1: Prohibition Against Mining Activities. Land development
regulations shall prohibit mining of minerals, excepting sand mining,
based on the irretrievable losses which such intense activities may
potentially impose on the City's fragile coastal ecosystem as
documented in the Comprehensive Plan Data Inventory and Analysis.
g. Recreation and Open Space: consistent
10. Contents of Site Plan:
a. lot configuration: provided
b. finished ground floor elevation: N/A
C. contours and designating number of dwelling units: N/A
d. square footage of site: 535,780 sq. ft.
e. building coverage: N/A
f. square footage of paved areas and open area: no paved area
g. setbacks to scale: N/A
h. scaled drawings of the sides, front and rear of the building or
structure: N/A
Wj
I. generalized floor plan indicating uses and square footage of each
proposed use within each building or structure: N/A
j. building exterior construction materials and color: N/A
k. building height: N/A
I. location and character of all outside facilities for waste disposal,
storage areas, or display: N/A
M. location and dimensions of all curb cuts and driveways: none
n. number of spaces with their location and dimensions: none
o. details of off-street parking and loading areas(including
requirements of Sec 20A-8.1): none
P. all off-street vehicular surfaces available for maneuvering: N/A
q. surface materials: Astatula sand
r. number of employees: 4 to 10
S. type of vehicles owned by the establishment: automobiles, light
trucks, dump trucks and earth moving equipmrnt.
t. if there is a combined off-street parking facility, required
agreements: N/A
U. location of all pedestrian walks, malls, yards and open spaces: N/A
V. location, size, character, and height or orientation of all signs: on entry gate
W. location and character of landscaped areas and recreation areas: perimeter buff
X. location, design and character of all public, semi-public, or private
utilities: none
Y. location, height and general character of perimeter or ornamental
walls, fences, landscaping: provided
Z. surface water drainage facilities plan certified by an engineer or
architect registered in the State of Florida: provided
aa. location of existing easements and right-of-way: provided
ab. land survey with complete legal description prepared and certified
by a registered surveyor: provided
4
ac. verified statement showing each and every individual person having
a legal and/or equitable ownership interest in the subject property: not provided
11. Site location and character of use: Consistent with the comprehensive
plan.
12. Appearance site and structures:
a. harmonious overall design: N/A
b. location and screening of mechanical equipment, utility hardware
and waste storage areas: none
C. commercial and industrial activities conducted in enclosed
buildings: N/A
d. exterior lighting: none
13. Access, internal circulation, off-street parking and other traffic impacts:
a. internal circulation system design and access/egress
considerations: N/A
b. separation of vehicular and pedestrian areas: N/A
14. Traffic impacts: not required
15. Open space and landscape (including the requirements of Sec. 20A-13.1
and Sec. 20A-14.1): provided
16. Required screening of abutting residential and nonresidential uses:
provided
17. Flood prone land and wetland preservation: N/A
18: Surface water management: N/A
19: Available potable water: Indian River County Utilities
20: Wastewater service:
21: Soil erosion, sedimentation control and estuary protection:
22. Mining Plan
a. plan review and cross-sections of the mining areas: provided
5
23.
24:
b amount of fill to be removed
C. timetable of mining activity:
d. method of mining
e. hours of operation:
f. safety and security plan:
Restoration plan
1,167,250 cubic yards
Start of activity - March, 1997
Dragline and dredging
7:00 am to sundown, Monday
through Saturday
provided
a. description of the eventual future use of the site: The future
use of the site will be by the completion of the proposed Vickers Groove
Subdivision.
b. final grades of the site: provided
Conditions of the mining permit
a. maximum project -site development phase for mining shall not
exceed twenty acres. 12.3 acres
b. no mining shall occur within one hundred fifty feet of a projected
right-of-way line of any existing or proposed public road, nor within
one hundred fifty feet of the outer perimeter of the project site.
Where a mining operation consists only of the removal of a mound
and does not consist of a lowering the elevation of ground below the
neighboring property, an exception to the one hundred fifty foot
setback may be permitted at the time of site plan approval.
The proposed mining is within 125 feet of a proposed road (Vicker's
Grove Industrial Subdivision).
C. any mining activity that results in the creation or expansion of a
water body shall be subject to the provisions of section 20A-5.29.
Projects creating water bodies must also provide safety and
security plan for the mining operation phase, including, but not
limited to, fences, access, control, and other security provisions.
(1) (Sec. 20A-5.29. Excavation and mining - Water management
standards.) Any excavation or mining activity which results
in the creation or expansion of a water body shall be subject
to the following standards, except as specifically exempted in
section 20A-5.22.
not exempt
J
(2) A littoral zone shall be established as part of any created
water body. A design and management plan must be
submitted which shall:
(a) Include a topographical map of the zone showing the
control elevation contour and the minus two and one-
half (-2'/=) feet control water elevation contour, and
include a cross-sectional view of the littoral zone
planting design, showing the required slopes from the
top of the bank to a depth of two and one-half (2'/2) feet
below the control water elevation. not provided
(b) Specify how vegetation is to be established, including
the extent, method, type and timing of any planting
provided. not provided
(c) Provide a description of any water management
procedures to be followed in order to ensure the
continued viability and health of the littoral zone.
not provided
(d) Include a plan view which documents the location and
quantity of the littoral zone. not provided
(3) The established littoral zone shall consist of native
vegetation, and shall be maintained permanently as part of
the water body. All landscaping, littoral zone vegetation
plans and lake management plans shall comply with the St.
Johns River Water Management District rules and shall be
subject to approval by the city building official. not provided
(4) Within extended littoral zone shelves (at the landward base of
the littoral zone side slopes), the applicant is required to
provide a minimum of one tree for every five hundred (500)
square feet of littoral zone coverage. The proposed trees
must be of a minimum size consistent with Florida Division of
Forestry seedlings and consist of native, freshwater wetland
varieties such as red bay, red maple, bald cypress, etc. not
provided
(5) The slopes of the water body areas from the top of bank to
the littoral zone area shall not exceed one foot vertical to
three (3) feet horizontal. Littoral zones and extended littoral
zone shelves shall be located within an area bounded by a
landward limit of one foot above the control water elevation
and a waterward limit of two and one-half (21/3) feet below the
control water elevation. The amount or area of littoral zone
7
shall be computed at a rate of fifteen (15) square feet of
littoral zone (below control elevation) per linear foot of
shoreline. The littoral zone slope shall not be steeper than an
average slope of one foot vertical to six (6) feet horizontal,
and the littoral zone need not be established in a continuous
band around the water body. Although no minimum slope
below the littoral zone is required, the slope below the littoral
zone shall be constructed so that natural soil movement will
not reduce the littoral zone area. not provided
(5) There will be no significant adverse off-site impact on ground
water quality or ground water levels. In the event of
dewatering associated with excavations, including mining,
the applicant shall present evidence that no saltwater
intrusion and/or reduction in quality of well water available to
properties within one-quarter mile of the permitted activity
will occur. not provided
(6) The water management system, including swales,
interconnected wetlands, and lakes, must be specifically
designed to inhibit siltation and the eutrophication
processes. To ensure this, the applicant must submit an
environmental management and lake monitoring plan, which
neets with the approval of the city building official, specifying
the method for monitoring the system and corrective action
should eutrophication and/or siltation occur. not provided
(7) A twenty -foot -wide access maintenance easement shall be
provided for every one thousand (1,000) feet of shoreline.
This easement shall extend from below control elevation of
the lake to a public or private road right-of-way. not provided
d. if the project site is of a size that falls below St. Johns River Water
Management District permitting thresholds and is located (in whole
or part) on the Atlantic coastal sand ridge, no excavation governed
by a mining permit shall result in an average elevation of less tan
twenty-five feet mean sea level for that portion of the project site
located on the sand ridge. N/A
e. if the project site is adjacent to a residentially zoned area, the
perimeter of the site abutting such an area shall include a fifty -foot -
wide bufferyard and type "A" screening along said site boundary.
not provided
f. no crusher, mixing plant, bin, tank, or structure directly involved in
the production process shall be located less than six hundred feet
from any adjacent residentially zoned property, and two hundred
fifty feet from all other adjacent non -residentially zoned property.
91
Crusher, mixing plant, bin, tank, or structure directly involved in the
production process is not proposed,
g. hard rock mining activities shall ensure that measures are taken to
control dust. N/A
25. Operating conditions of mining
a. applicants operating in a non -residentially zoned district, where the
project does not abut a residentially zoned district, shall not be
limited to specific hours of operation unless a determination is made
by the city council concerning the need of limiting hours of
operation due to the anticipated impacts of the mining operations on
surrounding properties. N/A
b. applicants operating in a residentially zoned district or in any district
which abut a residentially zoned district shall be permitted to
operate between the hours of 7:00 AM to 5:00 PM on weekdays;
operation on Saturday and Sunday, and/or operations other than
between 7:00 AM to 5:00 PM may be permitted by the city council if
the impact of the mining operation on surrounding properties will
not constitute a nuisance to the neighborhood. The applicant has
proposed 7:00 am to sundown which is in violation of this section.
C. permanent project boundary comers, with intermediate stakes at a
minimum of three hundred feet and all limits of excavation shall be
staked, marked and maintained with visible flags in the field, in
accordance with approved plans for the permit. not provided
26. Use of public and private roads
a. All applications shall identify the fill hauling routes:
provided on plans, Vickers Road to US 1
b. Where deemed necessary mats, culverts, ramps, or paved drives
shall be placed at the entrances and/or exits of haul sites:
not provided
C. hazardous traffic conditions will not be created:
not provided
27. Will the special use permit be detrimental to the public safety, health or
welfare or be injurious to other properties or improvements within the
immediate vicinity in which the property is located?
PJ
There is an active sand mines adjacent to the subject parcel. The proposed use
is consistent with that activities.
No reports of harm to the safety, health or welfare or injury to other properties or
improvements are contained in the file of the existing mine operation.
28. Is the proposed use consistent with the purpose and intent of the industrial
zoning district and is the use similar in nature and compatible with uses
allowed in such a district?
To the north of this parcel, there are two active sand mines on property zoned
industrial. These examples have established the fact that the proposed use is
consistent with the purpose and intent of the industrial zoning district and is the
use similar in nature and compatible with uses allowed in such a district.
29. Additional considerations: The adjacent sand mining operation is part of the
Vicker's Grove subdivision improvements. That operation is not considered a
"sand mine" as such since it is the removal of fill associated with an approved
preliminary plat. This application is a "sand mine" since it is not part of an
approved preliminary plat. The development of this mine changes the
conditions of the eastern side of the Vicker's Grove subdivision stormwater
management tract. This change does not adversely effect the function of the
stormwater management tract.
30. City Engineer's review: none
31. Other Matters: none
32. Analysis: The proposed sand mine creates a lake. Therefore, Sec. 20A-
5.29 is relevant. Most of that section address the littoral zone of the lake. The
littoral zone is the edge of the lake that can be generally defined as the area
where the shoreline fluctuates. On natural bodies of water there is a complex
community of vegetation.
Early in environmental regulations, the regulations were designed to try to mimic
the littoral zone vegetation. The results were mixed, often ending in a band of
cattails that harbored snakes and rats. The current trend is not to require the
littoral zone vegetation program. The project is being reviewed by the
SJRWMD. The District does not require the littoral vegetation today. It is
recommended that the City require the applicant to comply with the
requirements of the SJRWMD. Strict imposition of the City's code could create
a conflict for the applicant.
The information that the applicant has provided indicated operating hours from
7:00 am to sundown. The code requires 7:00 a.m. to 5:00 p.m. weekdays
unless permitted by the City Council.
The proposed mine is within 125 feet of a proposed road (Vickers Grove
10
Industrial Subdivision). The code requires 150 feet.
33. Conclusion: 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.
The proposed use is consistent with the purpose and intent of the industrial
zoning district and is similar in nature and compatible with uses allowed in the
industrial zoning district.
The proposed use with conditions is consistent with the Comprehensive Plan,
Code of Ordinances, and the Land Development Code.
34. Recommendation: The staff recommends that the Planning and Zoning
Commission find that the proposed sand mine will not be detrimental to the
public safety, health, or welfare nor will it be injurious within the immediate
vicinity in which the property is located and that the proposed use is consistent
with the purpose and intent of the industrial zoning district and is similar in
nature and compatible with uses allowed in the industrial zoning district.
It is further recommended that the Planning and Zoning Commission
recommend to the City Council that the City Council find that the proposed sand
mine will not be detrimental to the public safety, health, or welfare nor will it be
injurious within the immediate vicinity in which the property is located and that
the proposed use is consistent with the purpose and intent of the industrial
zoning district and is similar in nature and compatible with uses allowed in the
industrial zoning district.
Finally, it is recommended that the Planning and Zoning Commission
recommend to the City Council that the Council approve the application for the
Vicker's Sand Mine Phase III with the following conditions:
1. The hours of mining operations shall be 7:00 a.m. to 5:00 p.m. weekdays.
2. No mining can occur in the eastern 25 feet of the property.
PREPARED BY
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US Postal Service
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US Postal Service
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Domestic Return Receipt
PS Form girl1, Docembiif 1994
P 426 604 979
US Postal Service
Receipt for Certified Mail
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card to you.
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PS Fo 11, December 1994 Domestic Retum Receipt
P 426 604 982
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail rSea reversal
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Sweet 8 Number
757
PosIOR , e, ZIPCode
Postage
$
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Certified Fee
number.
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Spatial Delivery Fee
the date
Restricted Delivery Fee
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card to you.
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permit.
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•The Retum Receipt will show to whom the anile was delivered an
delivered.
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can return this extra fee):
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PS Form 3811, December 1994
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US Postal Service
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Postmark or Date
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US Postal Service
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P dice, tate,& IP Code
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to SENDER:
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PS Form 3811, December 1994 f]nmectic Rete rrn Renei.,r
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US Postal Service
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3811 ecember 1994
P 426 604 971
US Postal Service
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Post ce, tate, IP Code
Postage
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TOTAL Postage & Fees
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Postmark or Date
m SENDER:
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permit.
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PS Form 3811, December 1994
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P 426 604 977
US Postal Service
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Sent
I also wish to receive the
Streat & Number
following services (for an
Posl i ,Slat , &ZIP Code
SU
Postage
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Certified Fee
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m
2. ❑ Restricted Delivery an
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delivered.
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Re m Recefpl Showing to
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following services (for an
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etre fee):
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1, 13 Addressee's Address Y
Permit.
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