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HomeMy WebLinkAbout02191997 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, FEBRUARY 19, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA Mayor Cartwright called the Special Meeting to order at 6:02 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka StaffPresent: City Manager, Thomas Frame City Attorney, Valerie Settles Director of Community Development Bob Massarelli Deputy City Clerk, Sally Maio Clerk, Linda Galley Special City Council Meeting February 19, 1997 Page Two 97.072 OUASI-JUDICIAL PUBLIC HEARING(S}. FINAL ADOPTION Conduct Ouasi-ludicial Public Hearingon Sandmining Special Use Permit Application,f0r Vickers Grove SubdivisionPhase III - Consider. Adoption of Resolution No. R.-.97-08 .(Director of CommuniW Development Director Transmittal 2/13/97_ R-97-08. Staff Repot[. 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; 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 Corum, 881 Dolores Street, requested to be treated as an affected party. The City Attorney explained that in accordance with Resolution No. R-96-87 affected parties are the applicant, city staff and affected landowners entitled to notice under any statute or City ordinance, said she had spoken with Ms. Corum and advised her she could speak as an affected party only if the Council changed its resolution tonight to find that anyone adjacent is an affected party. Mr. Barnes asked if the applicant's attorney agreed, could Mrs. Corum be treated as an affected property owner to allow her to ask questions. The City Attorney concurred. Attorney Warren Dill said he did not agree with changing the resolution tonight, nor did he think it could be done tonight and stated that he was prepared to proceed. Mayor Cartwright disagreed with changing the resolution tonight and advised that Mrs. Corum could sign up under informational testimony or as a proponent or opponent, however, not as an affected landowner. Mayor Cartwright opened the public hearing at 6:13 p.m and the applicant staff and all those who intended to offer testimony were sworn in. Special City Council Meeting February 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 proper~ is located and that the proposed use is consistent with the purpose and intent of the industrial zoning district and is similar in nature and compatible with uses allowed in the industrial zoning district. He said it is further recommended that City Council approve the application for the Vicker's Sand Mine Phase III with the following conditions: 1) Prior to commencement of operations, the applicant shall provide a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property; 2) That the applicant dedicate 10 feet of right-of-way to the City for Concord Avenue; and 3) Prior to the commencement of operations, the applicant shall install permanent project boundary corners, with intermediate stakes at a minimum of three hundred feet and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with approved plans for the permit. Mayor Cartwright asked if compliance with St. Johns Water Management District requirements was to be a condition and the Director of Community Development said he would not object to that as an additional condition and that staff receive a report. In response to Mr. Barnes, the Director of Community Development said there is an emergency access onto Concord which will be provided in the Industrial Subdivision; that the current sandmining allows mining from 7 am to 5 pm Monday through Saturday, however, Saturday operation shall cease if Council determines the operation constitutes a nuisance; explained St Johns rules relative to littoral zones. Mr. Barnes said he preferred to use requirements of the Land Development Code relative to littoral zones. The Director of Community Development went on to explain current and proposed lake depths. 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. Special City Council Meeting February 19, 1997 Page Four Attorney Warren Dill, representing applicant Henry A. Fischer, requested names of individuals who had filed the five complaints with the City regarding the sandmine operation. Mr. Dill requested that the staff report and City records on this application be made a part of the record (staff report attached) and gave a brief history of the operations on this site approved by City Council three times since 1988. Randy Mosby, Mosby and Associates, engineer for the applicant's project, gave his experience and educational background and responded to questions from Mr. Dill. He described the property as presented on a Project Phasing rendering dated January 1997 and Mr. Dill requested it be entered as applicant's Exhibit 7. There were no objections. Mr. Dill then submitted a complete set of Exhibits 1 - 6 for the record. Mr. Mosby read from City of Sebastian Resolution Nos. R-88-19, R-90-19, and R-95-07 and requested they be entered as applicant's Exhibits 1, 2 and 3. At 7:11 p.m. Mayor Cartwright advised Mr. Dill that he had two minutes to complete his presentation and Mr. Dill requested an extension. It was the consensus of Council to waive the time limit. Mr. Mosby stated that St. Johns had recently extended the current mine permit for another five years. In response to Mr. Dill, Mr. Mosby read from applicant's Exhibit 4, Section 20A-3.14 of the Land Development Code "IN, Industrial District" permitted uses and said, in his opinion, a sandmine was compatible with those uses; read from applicant's Exhibit 5, Section 20A-5.19 "Excavation and mining - purpose" and responded that all conditions have been met except for the littoral zone, for which St. Johns has its own requirements. He said the cOde reflects old methods on littoral zones and noted that Harbor Point and Collier Creek were approved without littoral zones and St. Johns rules were followed. Charles Cramer, employed by applicant Henry Fischer, addressed City Council on the berm and fence system around the site; said there was no evidence of any crime on site due to lack ora 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. Special City Council Meeting February 19, 1997 Page Five 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. TAPE II - SIDE I (7:35 p.m.) Mr. Mosby continued his presentation. Howard A. Geiger, 1026 Schumann Drive, Sebastian, expressed concern for a drop in the water level of Schumann Lake in the last few days and asked what will happen to the lake if the sandmine operation goes below the level of Schumann Lake. Mr. Dill began to question Mr. Geiger, however, the City Attorney advised that Mr. Dill that he may not cross-examine non-affected opponents in accordance with the City's resolution and state statutes. Mr. Dill said if Mr. Geiger stated that he has no special expertise in this area, he would let the matter drop. Herbert Sturm, 549 Saunders Street, Sebastian, also expressed concern for the depletion of Schumann Lake, reduction in taxes and inquired whether John Hill had been informed of this matter. It was noted that Mr. Sturm was not qualified as an expert witness. Howard Woodrum, Elder, Trinity Lutheran Church, 611 Schumann Drive, inquired how close the project will be to the church and asked for the definition for emergency in the use of the access to Concord. The Director of Community Development said the project was 600 feet from the church. Carolyn Corum, 881 Dolores, Sebastian, at the request of Mayor Cartwright, disclosed the names of the five or more people she was representing as follows: Carolyn Corum, Larry Corum, Corrine Van Busik, Bea Ahrend, Cindy, Michael and Kelsey Fitzpatrick. Mrs. Corum objected to the sandmining expansion citing quality of life issues such as noise and dust, the fact that it is not incidental to preparation for a subdivision; cited protection of the aquifer; requested the limitation of stockpile height and better wetting methods. Mrs. Corum requested and received an additional five minutes and requested a different hauling route and limiting the time to Monday through Friday, 7 a.m. to 5 p.m. Mayor Cartwright opened the informational testimony period at 8:15 p.m. Mr. Taracka read a letter from Cindy Fitzpatrick into the record (see attached). Special City Council Meeting February 19, 1997 Page Five 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. TAPE II - SIDE II (8:22 p.m.) 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 dust down on stockpiles. Mr. Dill said it was his belief that the five complaints made in the last ten years were probably made by the Comms and Fitzpatricks; said the use is consistent with the industrial district; agreed to the three recommended conditions, although, he stated, the required donation often feet of right-of-way is illegal and the applicant was doing it as a gratuity. Mr. Taracka said he spent time at Dolores Street residences and witnessed the sand in the homes and suggested cost effective methods which had been recommended to him by experts in the field. He said he had witnessed sand blowing from the tops of stockpiles toward those homes. In response to Mayor Cartwright, Mr. Cramer said stockpiled sand goes through a wet process, wet dredge stockpiles emit less sand than a typical citrus grove; and that if this application is denied the current sandmining operation will continue. The Director of Community Development said the code requires measures to control dust for hardrock mining only; previous approvals did not require wet down; and noted the east setback is measured from FEC fight-of-way. Special City Council Meeting February 19, 1997 Page Seven The Director of Community Development said that in reworking the code on sandmining staff will be working toward duplicating St. Johns regulations to minimize conflicts; in response to Mr. Barnes, said that the code allows hours Monday through Friday 7 am to 5 pm with a provision that Council can allow mining on Saturdays and Sundays or other times at its discretion until it determines a nuisance exists. Mr. Barnes said he would like to see the hours Monday through Friday, 7 am to 5 pm as a condition. The Director of Community Development said it would be very difficult for Code Enforcement to enforce the time since the other area of sandmining is permitted on Saturday. Mayor Cartwright called recess at 9:00 p.m. and reconvened the meeting at 9:15 p.m. All members were present. Mr. Barnes asked that as a condition of approval, staff and the applicant be required to work together to look into a better system of holding down blowing sand based on newer technology. Randy Mosby said the applicant would agree to the condition and asked for the names of the experts to which Mr. Taracka referred. Mr. Barnes and Mr. Taracka concurred to make it a condition that the applicant voluntarily work with staff and if staff determines it is not feasible to use another method it make that determination. Mr. Dill agreed to work with staffbut objected to it as a condition of approval. Mr. Cramer, in response to Mrs. Damp, said the highest stockpile is 25 to 30 feet and that sand could probably not blow 1/2 mile from that site. TAPE III - SIDE I (9:25 p.m.) 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. Mayor Cartwright closed the quasi-judicial hearing at 9:27 p.m. Special City Council Meeting February 19, 1997 Page Eight 97. O73 B. MOTION by Barnes/Taracka I'll make a motion to reject Resolution R-97-08 on the grounds that it is detrimental to the health and welfare of the citizens of Sebastian and is not comparable with the uses in the industrial zone and in fact removes an industrial zone. ROLL CALL: Mr. Barnes - aye Mrs. Damp - nay Mr. Halloran - nay Mr. Taracka - aye Mrs. Cartwright - nay MOTION FAILED 2-3 (Damp, Halloran and Cartwright - nay) MOTION by Damp/Cartwright I move to approve Resolution R-97-08 with correction of the ten foot right-of-way for Concord Avenue for the purpose of the sandmining permit for the project known as Vickers Grove Phase III with conditions 1, 2 and 3 and the 4th condition that the applicant comply with St. Johns R/ver Water Management District and provide us with the necessary documentation to staff. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - nay Mrs. Cartwright - aye Mr. Barnes - nay MOTION CARRIED 3-2 (Taracka, Barnes - nay) Conduct Ouasi-Judicial Public Hearing on Preliminary_ Plat for Vickers Grove Industrial Subdivision - Consider Adoption of Resolution No. R-97-10 ,(Director of Communi.P].. Develor~ment 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.Ih~I~[~IBifi~ SUBDIVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Special City Council Meeting February 19, 1997 Page Five 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 (see attached); 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. In closing, the Director of Community Development recommended approval subject to the donation often 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. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 Special City Council Meeting February 19, 1997 Page Five 5. Being no further business, Mayor Cartwright adjourned the Special Meeting at 9:52 p.m. Approved atthe ,1997, Regular City Council Meeting. Louise R. Cartwright Mayor Kathryn M. O'Hailoran, CMC/AAE City Clerk 10 City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, FEBRUARY 19, 1997 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CiTY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA 97.072 1-19 2. 3. 4. CALL TO ORDER PLEDGE OF ALLLEGIANCE ROLL CALL OUASI-JUDICIAL PUBLIC HEARING(S). FINAL ADOPTION (Procedures on Back of Agenda) Conduct 0uasi-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 Director Transmittal 2/13/97. R-97-08. Staff Renort. 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; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 97.073 21-31 Conduct Ouasi-Judicial Public Heating on Preliminary. Plat for Vickers Grove Industrial Subdivision - Consider Adoption of Resolution No. R-97-10 (Director of Community Development Director Transmittal 2/13/9'1. K-97-08. StaffReport. 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 SUBDMSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON IfT-tlCH THE APPEAL IS TO BE HEARD. (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 THIS MEETING. Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-96-87): · Mayor/Presiding Officer Opens Hearing and Outlines Rules · City Attorney reads Ordinance or Resolution (if Applicable) IfRequested by Party or Party Intervenor- Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors Who Intend to Testify · For Non-Land Use Matters - Disclosure of Ex-Parte Communication · Stafflnitial Presentation · Inquiry of Staffby Affected Parties through Mayor or Presiding Officer ApplicantPresentation - Uninterrupted 15Minutes · Inquiry of Applicant by Council (or Staffor Affected Parties through Mayor or Presiding Officer) Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Proponents by Council/Board Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes ifRepresenting 5 or More · Inquiry of Opponents by Council/Board · Opening oflnformational Testimony- 3 Minutes or 10 Minutes if Representing 5 or More · Inquiry of Informational Y/itnesses by Council/Board · Closing of Public Information Period · Staff Response and Summary - 10 Minutes (Affected Parties May be Allowed to Make Clarifications or Ask Questions of StafO · Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or StaffMay be Allowed to Make Clarifications or Ask Questions of ApplicanO City Council/Board Inquiry of Applicants, Opponents or Staff · Close Hearing and Formal Action Affected Parties are the Applicant, Staff or Affected Landowners Entitled to Notice Under any Statute or City Code. City of Sebastian ]225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407) 58%5570 SUBJECT: Approval of Resolution No. R-97-8 ) ) Approval for Submittal By: ) ) City Manager .~ c~ .f'~-o~I ~ ) ) ) ) ) ) ) Agenda Number: ¢?. f) ¢~2 Dept. Origin: Community Dev. (RM) Date Submitted: 02/13/97 For agenda Of: 02119~97 Exhibits: 1. Resolution No. R-97-8 2. Staff report 3. Location map 4. application EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRiATION REQUIRED: SUMM_~RY STATEMENT 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 pag 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. RESOLUTION NO. R-97 ~ 8 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORH)A, GRANTING A SPECIAL USE PERMIT AND MINING PERMIT TO DR. HENRY FISCHER FOR A SAND MINE ON APPROXIMATELY 12.6 ACRES OF LAND; PROVH)ING 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 permit for a sand mine known as Vickers Grove Phase 1II; 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 Wltl~REAS, 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, THEREFORE, BE IT RESOLVED BY TI:IE 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 compatible with uses allowed in the industrial zoning district. SECTION 2. APPROVAL. The City Council of the City of Sebastian approves the special use permit for a sand mine known as Vickers Grove Phase III with the following conditions: 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. That the applicant dedicate 20 ft of right-of-way to the city for Concord Avenue. Prior to the commencement of operations, the applicant shall install permanent project boundary corners, with intermediate stakes at a minimum of three hundred feet and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with approved plans for the permit. SECTION 3. SEVERABILITY: 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 extent of such conflict, superseded and repealed. SECTION 5. EFFECTIVE DATE: immediately upon is adoption. This Resolution shall take effect The 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: Mayor Louise R. Cartwfight Vice-Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard Taracka The Mayor thereupon declared this Resolution duly passed and adopted this day of ,1997 ATTEST: Kathryn M. 0'Halloran, CMC/AAE (Seal) Approved as to Form and Content': City of Sebastian, Florida By: . Louise R. Cartwright, Mayor Valerie Settles City Attorney Community Development Department Mining Special use Permit Application - Staff Report Project Name: Vicker's Grove Sand Mine Phase III Requested Action: Approval of a special use permit for the a third phase of the VickeCs Grove Subdivision. 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, Flodda, and being more particularly described as follows: Commencing at the intersection of the FIodda 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 89° 59' 29" East, along said North line, 210.02 feet to the Point of Beginning. From the Point of Beginning sun South 21° 48' 43" East, 3327.23 feet, thence South 89° 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 O0° 24' 59" East, thence run Northwesterly 39.27 feet along the arc of said curve, through a central angle of 90° 00' 00", thence North O0° 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 21° 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 15° 56' 24" West, thence run Northwesterly North 89.37 feet along the arc of said curve, through a central angle of 104° 29' 46", thence North 21048' 43" West, 631.08 feet to the aforementioned North line, thence North 89° 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: = Project Owner: Project Agent: Project Engineer: Project Attorney: Project Description a. Henry A. Fischer 10729 US-1 Sebastian, FL 32958 Mosby & Associates, Inc. 2455 14th Avenue Vero Beach, FL 32960 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 Zoninq 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 Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: 2 12.6 acres mulch operation Astatula sand Cleared Zone X Indian River County Utilities Indian River County Utilities 10. (9) Police/Fire: Comprehensive Plan Consistency Future Land Use: Traffic Circulation: Housing: Public Facilities: Coastal Management: Conservation: conservation element. Specifically:, Policv 6-1.6.1: Prohibition A~ainst Mininq Activities. consistent consistent consistent consistent consistent The proposed use is consistent with the 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: Contents of Site Plan: f. g. h. consistent lot configuration: provided finished ground floor elevation: N/A contours and designating number of dwelling units: square footage of site: building coverage: 535,780 sq. ff. N/A square footage of paved areas and open area: setbacks to scale: N/A scaled drawings of the sides, front and structure: N/A N/A no paved area rear of the building or 3 V. W. X. aa. generalized floor plan indicating uses and square footage of each proposed use within each building or structure: N/A building exterior construction materials and color: N/A building height: N/A location and character of all outside facilities for waste disposal, storage areas, or display: N/A location and dimensions of all curb cuts and driveways: none number of spaces with their location and dimensions: none details of off-street parking and loading areas(including requirements of Sec 20A-8.1): none all off-street vehicular surfaces available for maneuvering: N/A surface materials: Astatula sand number of employees: 4 to 10 type of vehicles owned by the establishment: automobiles, light trucks, dump trucks and earth moving equipment. if there is a combined off-street parking facility, required agreements: N/A location of all pedestrian walks, malls, yards and open spaces: location, size, character, and height or orientation of all signs: location and character of landscaped areas and recreation areas: location, design and character of all public, semi-public, or private utilities: none location, height and general character of perimeter or ornamental walls, fences, landscaping: provided surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: provided location of existing easements and right-of-way: provided land survey with complete legal description prepared and certified by a registered surveyor: provided 4 N/A on entry gate perimeter buff 11. 12. 13. 14. 15. 16. 17. 18: 19: 20: 21: 22. ac. verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: not provided Site location and character of use: plan. Consistent with the comprehensive 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 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 Traffic impacts: not required Open space and landscape (including the requirements of Sec. 20A-13.1 and Sec. 20A-14.1): provided Required screening of abutting residential and nonresidential uses: provided Flood prone land and wetland preservation: N/A Surface water management: N/A Available potable water: Indian River County Utilities Wastewater service: Soil erosion, sedimentation control and estuary protection: Mining Plan a. plan review and cross-sections of the mining areas: provided 5 23. 24: b amount of fill to be removed: 1,167,250 cubic yards c. timetable of mining activity: Start of activity - March, 1997 d. method of mining Dragline and dredging hours of operation: 7:00 am to sundown, Monday through Saturday f. safety and security plan: provided Restoration plan description of the eventual future use of the site: The future use of the site will be by the completion of the proposed Vicker's Groove Subdivision. b. final grades of.the site: provided Conditions of the mining permit maximum project-site development phase for mining shall not exceed twenty acres. 12.3 acres 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). The Applicant for the Vicker's Grove Industrial Subdivision has indicated that that road will be a pdvate road. any mining activity that results in the creation or expansion of a water body shall be subject to the provisions of section 20A-$.29. Projects creating water bodies must also provide safety and security plan for the mining operation phase, including, but not limited to, fences, access, control, and other security provisions. (1) (Sec. 20A-$.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. 6 (2) (3) (4) (5) not exempt 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 (21/=) 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 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 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 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 (21/2) feet below the 7 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. 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 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 meets 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 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 govemed 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 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. provided 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 8 25. 26. 27. fifty feet from all other adjacent non-residentially zoned property. A crusher, mixing plant, bin, tank, or structure directly involved in the production process is not proposed. hard rock mining activities shall ensure that measures are taken to control dust. N/A Operating conditions of mining 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 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 agreed to the requirements of this section. 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 Use of public and private roads a. All applications shall identify the fill hauling routes: provided ~)n plans, Vickers Road to US 1 Where deemed necessary mats, culverts, ramps, or paved drives shall be placed at the entrances and/or exits of haul sites: not required c. hazardous traffic conditions will not be created: not expected 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? 9 28. 29. 30. 31. 32. 33. 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. 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 distdct and is the use similar in nature and compatible with uses allowed in such a district. 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. City Engineer's review: none Other Matters: none 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. Eady 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 Distdct 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. 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. 10 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 Distdct does not require the littoral vegetation today. It is recommended that the City require the applicant to comply with the requirements of the SJRWMD. Stdct imposition of the City's code could create a conflict for the applicant. 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 distdct 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 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. It is further recommended that the the City Council that the Council approve the application for the Vicker's Sand Mine Phase III with the following conditions: Prior to the commencement of operations, the applicant shall provide a vedfied statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property. That the applicant dedicate 20 ft of dght-of -way to the city for Concord Avenue. Pdor 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. PREPAR'F_.D BY DATE lO I CiTY UIdlTS ~TY GRAPHIC SC VICKERS GROVE R8-10 STOI~4WAI'F~ (TRACT : (PARCEL ~) TRACT C~TY UldlT$ SEBASTIAN HIGHLANDS RS-10 CITY LIMI Y~ CIT~ OF SEBASTIAN, FLOPIDA ~PPLiCATI.Q/{ ~_O~ ~_A~ ~.Ng PERMI~ THIS APPLICATION FOR A SAND MINING PERHIT IS PURSUANT TO 77lE LAND DEVELOPMENT OF THE CITY OF SESASTIAN, FLORIDA, SECTION 20A-5.19. PRINTS OF A MINING SITE PLAN PREPARED, SIGNED AND SEALED MY A PROFESSIONAL ENGINEER LICENSED IN TIIE STATE OF FLORIDA. PLEASE COMPLETE lllE FOLLOWING: DATE OF APPLICATION: DE. CEMffER SECTION, TOWNSIIIP AND RANGE TOGETIIER WITH A LEGAL DESCRIPTION OF PROJECT AREA~ (LEGAL DESCRIPTION MAY I~E ATTACHED TO APPLICATION. ) ATTACHED NAME AND ADDRESS OF OWNER OF RECORD: H~nry, A. TELEPHONE; NAME AND ADDRESS OF APPLICANT: (IF DIFFERENT FROM OWNER ATTACIi LETTER OF AUTIIORIZATION) TELEPHONE (INCLUDE AREA CODE:) ATTACI! NINE (9) PRINTS OF MINING SITE PLAN TO APPLICATION SHOWING AT LEAST THE FOLLOWING INFORMATION: (a) North point arrow, scale acceptable to the city engineer, and date. (b) Locatlo. of the area to be excavated includlng 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 a,d proposed structure.~. (e) Location of all areas on the p~operty subject tG inu.dat~on or flood hazard, and the location with and direction of flow of all waterways and flood control channels that ma~ be affected by the excavation. Bench marks. (g) Typical cr~ ~ectio.s, sh~wlng the extent of overburden, ext~nt of sand and gravel deposits, and the water table. (h) Processing and storage a~eas. (i) Proposed screening including fencing, gates, parklng areas and signs. Ingress/egress roads, plus on-site roads and proposed surfac~ treatment and means to limit dust. (k) A map showing acces.~ routes between the property and the nearest arterial road. {J.) Areas to be used for ponding. Statement describing method of operation. A statement shall be submitted with the site plan to include the following: (a) The approximate date of commencement of the excavatio, and the durst[o- of the operation. (b) Proposed hours and days of operation. (c) Estimated date and volume of the excavation. (d) Method 'of ext£acttng and processing, Including the of ove£bu£den o£ top soils. (e) ~quJpmen~ pcoposed [o be ~eed [n ~he opecaEton o~ ~he excavation. (~) Operating practices proposed ~o be used bo minimize dust, aft contaminants and (g) Metbo~ to pteven~ polluX[on of surface or underground wa~er. 7. Reqnlr~d reclamation plan~ {a} A r~clamaklon plan shall b~ submlE~ed wikb each applicakion as park of khe sl~ plan which shall lnclud~ kh~ following: 1. ~ $~aeemenk of planned r~clamakion, includln; m~kbod~ of accompllshm~nEe phas~n~ and ~ plan lndica~tn~ ~h~ final ~rad~ of Eb~ any water featuees includin~ ~he ~ehabil~a~on and me~hods planned ~o p~event stagnation,and pollution~ landscaping o~ vegetative plad[ing~ and aCeas of ct~[ fill. This plan, if clearly delineated, may be included with khe st~e plan. For quarry applicaklons, [he final 9rads shall mean khe approximahe planned final itl. A phasln9 plan, if hhe excavation of ~he si~e is ko be accomplished In phases. This plan shall Indicate fha area and ex,chh of each phase and ~he approxlmake ~imln9 of each phase. iv. The mekhod of dlsposln9 of any equipmen~ or used In fha opera,ion o~ ~he excavation upon comple[ion khe. excava~ion. 8. squired fee. The appltca[io~ll be accompanied by 9. Signature of applican~ ,/"('~'//~*~~/'--~ PbMASR DO NOT WRITE BEt. OW TlIIS i~INB - FOR CITY USE ONbY 4. D~TE FIRST ACTION OF PbANNING AND ZONING COMMISSION~ 5. DATM SUMMITTED ~ CI~ CGUNCIb FOR SP~CIAb USE PERMIT, DAT~ OF PUMblC }{EARi~ BEFORE CI~ COUNCIL{ 7. DAT~ OF FINAL CITY COUNCIb ACTION{ PERMIT ISSUED (OR DENIED) ~i~R AND ~ONS~N~ I/We, the owner(s) of the property located at 6~RO qgth StrUt Sebastian, Indian River County, Florida, (the "Propertv"l, bere~y . . authorize each and every~ member of the Planning ann zoning uommls~on 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 SWORN to and subscribed December ', 19~. My Commission Expires: before me this ~ day of ~°tary Publld' ~ z~_'~ MY ~Of, gAISSION, CC3~rr~ ~PIR. ',~,,~,,,~'~,, eom~o TmU mOY ~A~ n~'u~lc~, I~. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Approval of Resolution No. R-97-10 ) ) ) Approval for Submittal By: ) ) City Manager'~d' ~ ) ) ) ) ) ) ) Agenda Number: Dept. Origin: Community Dev. (RM) Date Submitted: 0.2113197 For agenda Of: 02/19/97 Exhibits: 2. 3. 4. Resolution No. R-97-10 Staff report Location map application EXPENDITURE REQUIRED: AMOUNT BUDEGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Henry A. Fischer and Sons has applied for approval of a preliminary plat for an industrial subdivision know as Vickers Grove Industrial Subdivision. This site has a previously approved preliminary plat which was never constructed. The proposed plat relocates the road east to align adjacent to the Florida East Coast Railroad and the lots are located west of the road. A copy of the staff report, location map and application are attached. RECOMMENDED ACTION Approve Resolution No. R-97-10. RESOLUTION NO. R-97-10 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING TIlE PRELIIViINARY PLAT FOR A SUBDMSION KNOWN AS VICKERS GROVE SUBDMSION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WffEREAS, Henry A. Fischer and Sons has applied for approval of a preliminary plat for a subdivision known as Vickers Grove Industrial Subdivision; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has reviewed and recommends approval of the proposed preliminary plat, NOW, TItEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. PRELIMINARY PLAT APPROVAL. The preliminary plat of Vickers Grove Industrial Subdivision, as prepared by James A. Fowler dated January 10, 1997, is hereby approved with the following conditions: That the applicant dedicate 20 fi of right-of-way to the city for Concord Avenue. Section 2. hereby repealed. CONFLICT. All resolutions or parts of resolutions in conflict are Section 3. 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 be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. upon final passage. EFFECTIVE DATE.This Resolution shall take effect immediately The foregoing Resolution day of ATTEST: was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice-Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard j. Taracka The Mayor thereupon declared this Resolution duly passed and adopted this ,1997. CITY OF SEBASTIAN, FLORIDA By: Louise R. Cartwright, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney Community Development Department Preliminary Approval Application - Staff Report 1. Project Name: Vicker~s Industrial Subdivision 2. Requested A~:':ion: Approval of Preliminary Plat. 3. Project Locat:'~on a. Address: Legal: A parcel situated in Section 17, Township 31 South, Range 39 East, Indian River County, Flodda, being more particularly described as follows: beginning at the intersection of the westerly right- of-way of the Floirda East Coast Railway and the south line of said section 17, run south 89°35'01" west along said south section line, 73.01 feet to a point on a curve of a non-radial curve concave southwesteriy, having a rasious of 260.11 feet and through which a radial '~ine beam north 75o05'13" east, thence run northwesterly 342.77 feet a!ong the arc of said curve, through a central angle of 75°30'12"; thenc~ north 00°24'59'' west, 60.00 feet; thence south 89° 35' 01" west 16.20 ~=eet; thence north 89° 59' 29" east, along said north line, 210.02 feet to the westerly right-of-way of the Florida East Coast Railway; thenc~ south 21 o 48' 43" east, along said railway, 2,786.57. feet to a point of curvature of a curve concave northeasterly having a radius of 11,541.72 feet thence run southeasterly 825.18 feet along the arc of said curve, through a central angle of 04o05'47" to the Point of Beginning. c. Indian River County Parcel Number: Project Owner: Fischer and Sons, Inc. Dr. Henry Fischer, Rep. 10725 U.S. #1, P. O. Box 68 Sebastian, FL 32978-0068 (561) 589-3159 Project Agent: Project Engineer: Mosby and Associates, Inc. 2455 14th Avenue Veto Beach, FL 32960 (561) 569-0035 e Project Attorney: Project Description a. Narrative of proposed action: b. Current Zoning: IN c. Adjacent Properties North: RS-10 East: county South: liN West: IN d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: Current Land Use residential industrial, vacant sand mine Future Land Use LD IN IN, MD 16.2 acres sand mine, mulch facility Astatula Sand cleared zone X Indian River County Utilities Indian River County Utilities consistent consistent consistent consistent 10. f. g. Contents of Preliminary Plat: a. b. C. d. aw f. g. h. i. j. k. I. Coastal Management: consistent Conservation: consistent Recreation and Open Space: consistent name of subdivision: Vicker's Grove Industrial Subdivision vicinity sketch: provided legal description including section, township and range: provided north arrow graphic scale: provided date of preparation: provided name, address, and telephone of applicant: provided name, address, and telephone of owner of record: provided name, address, and telephone of mortgage holder: none statement that they will join in the dedication: N/A name, address, and registration number of engineer: provided name, address, and registration number of surveyor: provided name of adjacent subdivisions, if any, including plat book and page number reference: not provided on preliminary plat names of owners of record of adjacent acreage: not correct contour map including a perimeter strip up to 150 feet in width. Not provided all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: None name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided aa. 4. Required a. b. C. all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided access points to collector and arterial streets showing compliance to the access requirements: Access is not to a collector or artedal street. all existing drainage district facilities and the ultimate Hght-of-way requirements: N/A utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: not provided a statement that all utilities are available and have been coordinated with all required utilities: not provided sites proposed for parks, recreational areas and schools: N/A location of all temporary structures or permanent structures having a temporary use: none if borders public water, delineate the mean high water line: Lake at Vicker~s Grove Sand Mine is not a public body of water. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DER and the city: N/A permanent reference monuments shall be shown at all block comers, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: provided block perimeter retums at block comers or other block line intersection: Supplemental Information existing land use policy and proposed policy changes: on-site wastewater disposal data: N/A surface water management plan: Legal positive outfall not identified traffic impact analysis: N/A required park land and/or facility improvements: N/A 4 f. required potable water improvements: provided g. required wastewater improvements: provided h. erosion and sedimentation control improvements: provided reference to required improvements Iii. vii. VIII, X. XJ. xii. Xlll. xiv. XV. xvi. xvii. xix. XX. xxi. XXIII. access: provided alleys: not recommended to be required. blocks: The cul-de-sac is approximately 2950 feet long which exceeds the block length limit of 1,320 and the cul-de-sac limit of 600 feet long. bridges: N/A comprehensive stormwater management system: easements: none provided lots: provided seawalls, bulkheads, piers and docks: N/A soils: no muck soils expected streets: provided bicycle/pedestrian paths: N/A off-street parking areas: N/A utilities: water and sewer provided utility installation: water and sewer provided central water system: provided central wastewater system: provided individual sewage systems: no water and sewage treatment and processing plants:. N/A median strips and entranceways: none traffic control devices: not provided monuments: provided commercial and industrial subdivisions: This section of the code requires streets to be designed to the collector street typical section contained in the code regulations. The Land Development Code defines two types of collectors - major and minor. A major collector has an eighty foot right-of-way, a minor collector has a sixty fool right-of-way. The proposed project has a 70 foot wide right-of-way. mobile home subdivisions: N/A j. schedule of multiple phases: one phase is proposed Fee paid: paid City Engineer's review: none City Attorney's review: To be done at final plat. 5 8. Other Matters: None Analysis: The proposed subdivision is a 2,950 foot long cul-de-sac. The code limits cul-de-sacs to 600 feet. The applicant has proposed an emergency access easement from Concord Avenue to provide an alternative access to the property. 10. Conclusion: If the access easement is acceptable to the City, proposed subdivision is consistent with the Comprehensive Plan, Ordinances, and the Land Development Code. then the Code of 11. Recommendation: The staff recommends that the City Council approval of the Preliminary Plat for the Vicker's Grove Industdal Subdivision subject to the following condition: That the applicant dedicate 20 ft of dght-of -way to the city for Concord Avenue. PREPAI~ED BY DATE SEBASTIAN HIGHLANDS SEBASllAN HIGHI_AN0$ VICXi~R$ LAND MINF' SD. DAb'T1AN HIGHLANDS VICKERS ~ LOCATION MAP APPLICATION FOR PRELIMINARY PLAT FOR MAJOR SUBDIVISION -- CITY O~ SEBASTIAN Application Number Owner Henry A. Fischer Phone589-3159 Address 10729 US-l, Sebastiann Fi. 32958 Subdivision Name Vicker's Industrial Subdivision Section 17 Township 31South Range_~D~ .... Project Surve~r~ames A. Fowler Florida Stake ~_~D_~-- Project Engineer Rand~ L. Mosby____ Florida State Zoning Classification Industrial Land O~e Oestgnation~D~D~al Development Site Slzel6-20_ mcgee Minimum L~t Size100'~i~_l.25'deep Proposed Uni%z Bmr Acre No. of Lot~ 22 Will development be in phase~? No The following attachment~ shall accompany thi~ application: 1. A copM of the owner'~ recorded deed. tf applicant is other than the owner, a sworn ~tatement of authorization is required. 3. Fifteen (15) copies of ali-plans. (Five for initiai review) 4. PreliminarM plat requires c~mptiance with Sec. 2OA- la.4 (B) of the Land Development Code, City of Sebastian. ~. Existing legal description. FEE SCHEDULE Les~ than lO acre~ 10 acre~ to 25 acre~ 25 acrm~ to SO mcre~ Over ~0 acres $350.00 *** 500.0~** 750~00 l~.OO/acre w .... ~ m ~±scher