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HomeMy WebLinkAbout01131994City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING THURSDAY, JANUARY 13, 1994 - 7:00 EM. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFO~ATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. No public input shall be allowed at a special meeting, other than during a scheduled public hearing, if any, unless otherwise provided in the meeting call. (R-93-19) 93.356/ 93.246/ 92.179 PURPOSE: Continuance of Public Hearing from December 8, 1993 ~ Henry Fischer Request for Special Use Permit - Mulching/Burning Facility - Extension of Two to Three Years 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE .3. ROLL CALL 4. ~ONTINUANCE O_~F PUBLI____qC ~EARING Henry Fischer - Request for Amendment of Special Use Permit for Mulching/Burning Facility - Extension Two to Three Years (Director of Community Development Transmittal dated 11/30/93, Application, Cooper Letter dated 11/3/93, Kebbel Letter dated 11/6/93, Fischer Letter dated 11/8/93, Cooper Letter dated 11/30/93) 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 WHICH 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. Regular City Council Meeting December 8, 1993 Page Three 93.356/ 93.246/ 92. 179 93.263 Henry Fischer - Reauest for Amendment of Specia% Use Permit for Mulchinq/Burninq Facility ~ Extensio~ ~DirectQ~ of Comm.~nity Development Transmittal dated 11 3_~ Application, Coo_gp_p_9~ Letter dated 11/3/93, Kebbel Letter dated 1~/6/93, Fischer Letter dated 11/8/93, Coo_gp_p_9~ Letter dated 11/3Q393~ Mayor Powell opened the public hearing at 7:12 p.m. The city Attorney recommended, to allow him time to prepare, that City council set a continuation for the hearing to a date certain so that staff does not have to readvertise. Warren Dill, representing applicant Menry Fischer, stated for the record, that he was ready to proceed tonight, however, urged that the continuance be scheduled as early as possible. MOTION by Oberbeck/Damp I would move that we continue the public hearing on items 93.356, 93.246, 92.179 Henry Fischer request for amending special use permit for mulching/burning facility extension to January 13, 1993 at 7:00 p.m. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 The following two resolutions were moved from New Business to this area of the agenda: RESOLUTION NO. R-93-6~ - GDU Facility Acquisition Bond Supplemental (Finance Director Transmittal dated 12/3/93, R-93-67 A RESOLUTION RESTATING, AMENDING AND SUPPLEMENTING RESOLUTION NO. R-93-58 OF THE CITY OF SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R-93-67 by title only. PUBLIC I-IEARING SIGN-UP SHEET DECEMBER 8, 1993 REGULAR MEET~G 93.356/ A. Hep.ry Fische. r - Reauest for Amendment of Special . 93.246/ use Permit for Mulching/Burning Facility - Extension Use this form ONLY for public input on the above referenced public hearing item APPLICATION FOR SPECIAL USE PERMIT In accordance with Section 20A-2.6, Land Development Code, 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, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. The City Council shall not 9rant any special use permit under this section unless it shall make findings based upon the evidence presented to it in each case that: 1) The granting of the permit 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 property is located; and 2) The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district, The fee for a special uss permit is $150 (established by Resolution No. R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' [adius of the subject property along with the appropriate certified return receipt mailing fee (currently_ $2.29 for U.S. mailing), iQ~.C~-oIO-7~ Il-q-qb NAME OF APPLICANT: Henry A. Fischer ADDRESS OF APPLICANT: 10725 U.S. #1 Sebastian, FL 32958 APPLICANT PHONE I: (407) 589-3159 ADDRESS OF SUBJECT PROPERTY: Watervliet Avenue, North end LEGkL DESCRIPTION OF SUBJECT PROPERTY: See Attached Sheets for Legal Description (on file) ZONING OF SUBJECT PROPERTY~ R-20 REASON FOR REQUEST FOR SPECIAL USE PERMIT: 1) To extend date of permit to either two .years or three years from present expiration date.of July 22, f994 for mulchin~ and air curtain incinerator site location. 2) At the last special hearing,.'w~ discussed the sawmill location on the site. This needs to be included ' [~ ~ d~sCuSsion of this ~pec[ai 0se PErmit THE BUILDING OFFICIAL MAY R/~QUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN ~.EQUESTS Si~a~.re of Applicant Date November 9, 1993 Hen~ A. Fischer b:specuse.app City of Sebastian 1225 Main Street r3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [~ FAX (407) 589-5570 SUBJECT: REQUEST FROM HENRY A. FISCHER TO AMEND HIS SPECIAL USE PERMIT REGARDING THE MULCH AND BURN FACILITY Approval for Submittal By: ) Dept. Origin: Commun}ty D.evelqpment ) (BC) ) Date Submitted: 11/29/9~. ) ) For Agenda Of: 12/O8/93.. ) ) Exhibits: ) 1. Application for a Special Use ) 2. Letter dated 11/3/93 from Bruce ) Cooper ) 3. Letter dated 11/6/93 from Mr. Kebbel ) 4. Letter dated 11/8/93 from Henry A. ) Fischer ) 5. Letter dated 11/30/93 from Bruce ) Cooper ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the conclusion of the City Council meeting of October 27, 1993 regarding the special use permit for Henry A. Fischer, the City Council approved the amended site plan but, did not approve the proposed five year extension. Since the City Council did not approve any time frame and since the site plan did not identify any saw'mill operation that was apparently placed there just previous to the meeting, I sent a letter of clarification to Mr. Fischer and requested that the saw mill operation be removed in order to be in compliance with the approved site plan. Subsequently, Mr. Fischer has applied for a new special use permit and '' 1s requesting a two to three year extension of his special use permit and the approval of the saw mill operation within this facility. This department has stayed all enforcement actions regarding the saw mill operation until such time the City Council holds their public hearing. This action is consistent with previously past determinations regarding an applicant,s appeal or request for approval to bring in the proposed violation into compliance. 1677 O~AC~H, f~L 3~f961-1677 .~6~r,0'P63 JAEES A. FO VLEt% Land Surveying ,Company THE BOUNDARY HUNTER September 14, 1993 MULCHING FACILITY SITE A portion of land in Sections 14 and 23, Township 31 South, Range 38 East, Indian River County, Florida, being more particularly described as follows: Commencing al the Southwest corner of the Northwest quarter~rf aforesaid Sectidn 23, run North O0° 191 30" East along the West line of Section 23, 300.00 feet; thence run South 89° 40' 30"'East, 60.00 feet to the Point of Beginning. From the Point of Beginning, continue South 89° 40' 3D" East, 560.00 feet; thence North O0° 19' 30'I East, 368.40 feet to a point of curvature of a curve concave Easterly, having $ radius of 280.00 feet; thence run Northerly 98.40 feet aJong the arc of said curve, through a central angle of 26© 08' 11"; thence North 20° 27' 41" East, 58.43 feet to a point of curvature,of a curve concave Westerly, having a radius of lgS.00 feet; thence run Northerly 132.64 feet along the arc of said curve through a central angle of 25° 16' 57"; thence North 04° 49' 16" West, 212.81 feet to a point of curvature of a curve concave Easterly having, a radius of 180.00 feet; thence run Northerly 103.40 feet along the arc of said curve through a central angle of 32° 54' 43"; thence North 28° 05' 27" East, 121,83 feet to a point of curvature of a curve concave North- westerly having a radius of 295.00 feet; thence run Northerly 84.73 feet along the arc of said curve through a central angle of 16° 27' 22"; thence North 11° 38' 06" East,.355.44 feet to a point of curvature of a curve concave Westerly having a radius of 2370.00 feet; thence run 467.82 feet along the arc of said curve through a central angle of 11° 18' 36"; thence North O0° 19' 30" East, 435.23 feet to the North line of said Section 23; thence North 89° 24t 25" West along said North line 350.00 feet; thence South 28° 43' 37" East, 350.08 feet; thence South 07° 36' 43" West, 451.87 feet; thence South 24° 43' 26" West, 205.75 feet; thence South 11° 38' 06" West, 101.98 feet; thence South 04© 49' 16' East, 212.81 ~eet; thence South 19° 30' 24" West, 345.03 feet; thence North 38° 29' 25" West, 207.40 feet; thence North O0° 19' 30" East, 1915.12 feet to the South line of aforementioned Section 14; thence North O0° 10' 49" East into said Section 14, 801.22 feet; thence North 42° 28' 22" West, 73.91 feet; thence South 47© 31' 38" West, 135.00 feet to a point of curvature of a curve concave Southeasterly having a radius of 95.00 feet; thence run Southerly 78.50 feet along the arc of said Curve through a central angle of 47© 20' 49"; thence South O0° 10' 49" Westj;334.35 feet to a point of curvature of a curve concave North- (8) t. O. lOX 1677 VERO JJF..ACH. FL 32961.1677 PHONEI (407) J62.,47~i4 FAX~ (407) $&2,,0963 JAEES A. FOV LEE Land Surveyin THE BOUNDARY HUNTER September 14, 1993 Mulching Facility Site cont'd. easterly having a radius of SOD.DO feet; thence run Southerly 70.78 feet along the arc Of said curve through a central angle of 08° 06' 37" to a point of reverse curvature of a curve concave Westerly having a radius of 999.87 feet ; thence run Southerly 2B3.07 feet along the arc of said curve through a central, angle of 16° 13' 14" to a point of reverse cueeature of a curve concave Easterly, having a radius of SO0.O0 feet; thence run Southerly 70.78 feet along the arc of said curve through a central angle of 08° 06' 37"; thence South O0o 10' 49" West, 135.39 feet to the North line of aforementioned Section 23; thence South 00o 19' 30" West, Into said Section 23, 2355.96 feet to the Poin~ of Beginning. All the .above situate in Indian River County, Florida, and containing 25.5 acres, more or less. (g) City of Sebastian 1225 Main Street u SEBASTIAN, FLORIDA. 32958 TELEPHONE (407) 589-5330 r-, FAX (407) 589-5570 November 3, 1993 CERTIFIED MAIL P 252 914 984 Henry A. Fischer 10725 U.S. #1 Sebastian, FL 32958 _, .... Reference: Expiration of Special Use Permit & Saw Mill Operation Dear Mr. Fischer: As you are aware, the City Council at its regular meeting of October 27, 1993 approved the amended site plan to reflect the change in the staging area of the mulching facility and directed the City Attorney to draft a resolution to bring back to the City Council for final adoption. At this time, the City Attorney needs your surveyor to certify the survey to the City of Sebastian of the legal description that you presented to the City Council. This will be incorporated within the resolution for their approval. Since the City .COuncil rejected the proposed five (5) year extension for your facility, your current special use permit will expire July 22, 1994. Since the City Council did not approve of any further time extension, you will be required to have all materials and any other related equipment from this facility to be removed no later than July 22, 1994. Also, please be advised that the saw mill operation that has just been recently placed within this facility was not part of your application nor was this part of the City Council's.approval. Therefore, I have no alternative but to require within 14 days from receipt of this letter to have this saw mill operation removed totally from this facility in order to be in compliance with your special use permit. Henry A. Fischer November 3, 1993 Page 2 If you have any questions concerning this matter, hesitate to give me a call at 589-5537. Sincerely, Director of Community Development BC/gk hal.wp cc: Kathryn O'Halloran Mayor & City Council Warren Dill Reading Board please do not 213 Midvale Terrace Sebastian, FL 32958 November 6, 1993 Bruce Cooper Sebastian City Hall Sebastian FL, 32958 Dear Mx:. Cooper:. I have great respect for Henry Fischer, but I hope the city will deny him a permit extension for his mulch-and-burn operation situated east of Sebastian River Middle School and northeast of Sebastian River Senior High School,. The smoke from that mulch- and-burn operation has frequently bothered Sebastian River students and teachers traveling between portable buildings or participating in outdoor P.E. classes. This has especially affected teachers and students with asthma, allergies, or other respiratory problems. Please survey Sebastian River teachers and students before granting Dr. Fischer any permit to continue his mulch-and- burn operation beside the two schools. Sincerely yours, (~_o.hn Kebb~_l, Sebastian River Middle Teacher , HENRY F SCHER & SONS, INC. ~'jl~ P.O. Box 780068 · Sebastian, Florida 32978-0068 II~J (407) 589-3159 · FAX: (407) 589-7731 · Site Development · Road & Parking Lot Construction * Storm Drainage · Land Clearing - Fill Hauling & Compaction ,, Heavy Equipment Rentals November 8, 1993 Mr. Bruce Cooper CITY OF SEBASTIAN P.O. Box 780127 Sebastian, FL 32978-0127 RE: Special Use Permit for Extension of 2-3 years - Mulching and Air Curtain Incinerator Site Location Dear Bruce: This letter is in regards to your october 29, 1993 letter regarding the expiration of our mulching and incinerator project. We have Just filed a new Special Use Permit Application for an extension of two-three years and we are going to include into the application that we feel the sawmill was adequately discussed with the City at the Special Use Permit Meeting. In order to clarify the matter, we have included it in the new Special Use Permit Application and feel as though the two week (14 days) notification needs to be extended until we have the next Special Use Permit Meeting. Thank you for your consideration in this matter. If you need any additional information or clarification, please do not hestltate to contact me." Sincerely, Henry A. Fischer HAF:sf Attachment City of Sebastian 1225 Main Street n SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 32958 November 30, 1993 Sebastian.River Middle Junior High School Attn: Greg Pearsaul County Road 512 Sebastian, FL 32958 Reference: Henry Fischer's Mulch and Burn Facility Dear Mr. Pearsaul: Please be advised that the City of Sebastian has received a request from Henry A. Fischer to extend the time frame for his mulch and burn facility which is due to expire July 22, 1994. Mr. Fischer is requesting a two to three year extension. The reason for my letter is based on my receiving a letter from one of your teachers, John Kebbel, indicating that your school has been bothered in the past during his burn operation. Please be advised I have no authority to survey your teachers and students prior to the City Council reviewing the special use permit application but, this is a public hearing and anyone can attend and speak to the City Council regarding this matter. The meeting is set for 7:00 p.m. on December 8, 1993 at the City Council Chambers located at 1225 Main Street and if you have any further questions concerning this matter, please do not hesitate to give me a call at 589-5537. Sincerely, Director of Community Development BC/gk sebms.wp cc: John Kebbel City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL SPECIAL MEETING FRIDAY, FEBRUARY 4, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PURPOSE.: Continuance of Public Hearing from January 13, 1993 - Henry Fischer Request for Special Use Permit - Mulching/Burning Facility ~ Extension of Two to Three Years 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL CONTINUANCE O__F ~UBLIC HEARING 93.356/ 93.246/ 92. 179 Henry Fischer - Request for Amendment of Special Use Permit for Mulching/Burning Facility - Extension Two to Three Years (Director of Community Development Transmittal dated 11/30/93, Application, Cooper Letter dated 11/3/93, Kebbel Letter dated 11/6/93, Fischer Letter dated 11/8/93, Cooper Letter dated 11/30/93) 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 WHICH 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. Regular City Council Meeting January 12, 1994 Page Two 4. CONTINUANCE O__F pUBLIC HEARING 93.356/ 93.246/ 92.179 Henry Fischer - ReGuest for Amendment of Special Use ~ermit for ~ulchin~/Burnin~ Facility ~ Extension Two to Three Years ~ of Community Development Transmittal dated ~ APDlication, Cooper Letter dated 11/3/93, Kebbel Letter dated 11/6/93. Fischer Letter dated ~ Cooper Letter dated .11/30/93) Vice Mayor Oberbeck opened the public hearing at 7:04 p.m. Attorney Warren Dill, representing Henry Fischer, requested that the hearing be extended to a time when a full City Council can be seated to hear the request. MOTION by Damp/Corum I do make a motion that we extend the continuance for the meeting of the mulching situation at a later date to be set by our City Clerk. Discussion took place on the reschedule date. It was the consensus of City Council to permit the City Clerk to contact all parties and reschedule. The City Attorney inquired whether the applicant would absorb the cost of readvertising and Mr. Dill said he would. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - absent MOTION CARRIED 4-0 (Powell - absent) Being no further business, Vice Mayor Oberbeck adjourned the Special Meeting at 7:12 p.m. Approved at the , 1994, City Council Meeting. Lonnie R. Powell, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Regular City Council Meeting December 8, 1993 Page Three 93.356/ 93.246/ 92.179 9~.263 Henry Fischer - Request for Amendment of Special Use Rermit for Mulchin~/Burn~ng Facilitv - Extension ~Director of CommunitE Development Transmittal dated 11/~.0/~3, Application, Coo_~ Lette~ dated 11/3/93. Kebbel Lette~ hated 11/6/93, Fischer Letter dated 1118/93. CoopeF Letter dated 11/30/93) Mayor Powell opened the public hearing at 7:12 p.m. The City Attorney recommended, to allow him time to prepare, that City Council set a continuation for the hearing to a date certain so that staff does not have to readvertise. Warren Dill, representing applicant Henry Fischer, stated for the record, that he was ready to proceed tonight, however, urged that the continuance be scheduled as early as possible. MOTION by Oberbeck/Damp I would move that we continue the public hearing on items 93.356, 93.246, 92.179 Henry Fischer request for amending special use permit for mulching/burning facility extension to January 13, 1993 at 7:00 p.m. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 5-0 The following two resolutions were moved from New Business to this area of the agenda: RESOLUTION NO___=. ~r93-67 - GDU Facility Acquisition Bond Supplemental (Finance Director Transmittal dated 12/3/93, R-93-67 A RESOLUTION RESTATING, AMENDING AND SUPPLEMENTING RESOLUTION NO. R-93-58 OF THE CITY OF SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R-93-67 by title only. PUBLIC HEARING SIGN-UP SHEET DECEM2BER 8, 1993 REGULAR MEET~G 93.356/ 93.246/ A. Hep.ry Fischer - Request for Amendment of Special use Permit for Mulching/Burning Facility - Extension Use this form ONLY for public input on the above referenced public hearing item ADDRESS: NAM$: ADDRESS: APPLICATION FOR SPECIAL USE PERMIT In accordance with Section 20A-2.6, Land Development Code, 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, and shall not be specifically prohibited pursuant to the comprehensive plan or other applicable law or regulations. 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 case that: 1) 2) The granting of the permit 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 property is located; and The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district. $2.29 for U.S. mailing). NAME OF APPLICANT: ADDRESS OF APPLICANT: The fee for a special use permit is $150 (established by Resolution No, R-88-09). In addition the applicant must provide the City Clerk's office with a list of the surrounding property owners within a 200' radius of the subject property along with the appropriate certified return receipt mailing fee [curt Henry A. Fischer 10725 U.S. ~1 Sebastian~ FL 32958 APPLICANT PIIONE ~: (407) 589-3159 ADDRESS OF SUBJECT PROPERTY: Watervliet Avenue, North end LEGAL DESCRIPTION OF SUBJECT PROPERTY! See Attached Sheets for Legal Description (on file) ZONING OF SUBJECT PROPERTY, R-Z0 REASON FOR REQUEST FOR SPECIAL USE PERMIT: 1) To extend date of permit ~o either two years or three years from present expiration date.of July ZZ, 2994 for mulchin~and air curtain incinerator site location. 2) At the last special hearin~,',we discussed the sawmill location on the site. This needs to be included in the discusszon of t.~Zs bp~lal Use ~ermit TIIE BUILDING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS $i~ure of Applicant Date November 9, 1993 Henry A. Fischer b: specuse, app City of Sebastian 1225 Main Street r~ SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 c] FAX (407) 589-5570 SUBJECT: REQUEST FROM HENRY A. FISCHER TO AMEND HIS SPECIAL USE PERMIT REGARDING THE MULCH AND BURN FACILITY Approval for Submittal By: C~y~aa~ger ~~. ~_~ ~/ 32958 Agenda Number: Dept. Origin: Community Development (SC) Date Submitted: 11/29/93 ...... For Agenda Of: 12/08/93 Exhibits: 1. Application for a Special Use 2. Letter dated 11/3/93 from Bruce Cooper 3.Letter dated 11/6/93 from Mr. Kebbel 4. Letter dated 11/8/93 from Henry A. Fischer 5. Letter dated 11/30/93 from Bruce Cooper EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At the conclusion of the City Council meeting of October 27, 1993 regarding the special use permit for Henry A. Fischer, the City Council approved the amended site plan but, did not approve the proposed five year extension. Since the City Council did not approve any time frame and since the site plan did not identify any saw'mill operation that was apparently placed there just previous to the meeting, I sent a letter of clarification to Mr. Fischer and requested that the saw mill operation be removed in order to be in compliance with the approved site plan. Subsequently, Mr. Fischer has applied for a new special use permit and 'is requesting a two to three year extension of his special use permit and the approval of the saw mill operation within this facility. This department has stayed all enforcement actions regarding the saw mill operation until such time the City Council holds their public hearing. This action is consistent with previously past determinations regarding an applicant's appeal or request for approval to bring in the proposed violation into compliance. VIRO 451AC~H. FL JAEES A. FO VLER Land Surveying Company THE BOUNDARY HUNTER September 14, 1993 MULCHING FACILITY SITE A portion of land in Sections 14 and 23, Township 31 South, Range 38 East, Indian River County, Florida, being more particularly described as follows: Co~encing a~ the Southwest corner of the Northwest quarter c~f aforesaid Sectidn 23, run North 00* Ig' 30" East a[ong the West line of Section 23, 300.00 feet; thence run ~outh 89* 40' 30"'East, 60.00 feet to the Point of Beginning. From the Point of Beginning, continue South 89* 40' 30" East, 560.00 feet; thence North 00' lg' 30" East, 368.40 feet to a point of curvature of a curve concave Easterly, having ~ radius of 280.00 feet; thence run Northerly 98.40 feet along the arc of said curve, through a central angle of 26* 08' 11"; thence North 20* .27' 41" East, 58.43 feet to a point of curvature of a curve concave Westerly, having a radius of 195.00 feet; thence run Northerly 132.64 feet along the arc of said curve through a central angle of 2§° 16' 57"; thence North 04° 49' 16" West, 212.81 feet to a point of curvature of a curve concave EasterLy havi.ng.a radius of 1BO.O0 feet; thence run Northerly 103.40 feet along the arc of said curve through a central ang[e of 32* 54' 43"; thence North 28° 05' 27" East, 121,83 feet to a point of curvature of a curve concave North- westerly havLng a radius of 295.00 feet; thence run NortherLy 84.73 feet along the arc of said curve through a central angle of 16* 27' 22"; thence North il° 38' 06" East,.355.4¢ feet to a point of curvature of a curve concave Westerly havLng a radius of 2370.00 feet; thence run 467.82 feet along the arc of said curve through a central angle of 11° lB' 36"; thence North O0° 19' 30" East, 435.23 feet to the North [lne of said Section 23; thence North 8g° 24' 2§" West along said North LLne 350.00 feet; thence South 2B* 43' 37" East; 350.08 feet; thence South 07* 36' 43" West, 45~.87 feet; thence South 24* 43' 26" West, 20§./5 feet; thence South 11* 38' 06" West, 101.98 feet; thence South 04* 49' 16' East, 212.81 'feet; thence South 19' 30' 24" West, 345.03 feet; thence North 38° 29' 25" West, 207.40 feet; thence North 00' lg' 30" East, 1916.12 feet to the South line of aforementioned Section 14; thence North 00' 10' 49" East into said Section 14, 801.22 feet; thence North 42* 28' 22" West, 73.91 feet; thence South ¢7* 31' 38" West, 135.00 feet to a point of curvature of a curve concave SOutheasterly having a radius of g$.00 feet; thence run SoutherLy 78.50 feet along the arc. of said Curve through a central angle of 47° 20' 4g"; thence South O0° lO' 49" West~.:134.35 feet to a point of curvature of a curve concave North- (8) p. O. BOX 16r)' vERO BEACH. FL 32961.1677 /,HONEr (407) $62.4?44 FAXl (407) $62-096~1 JAEES A. FO%VEER, / Land Surveying Company THE 8OUNDARY HUNTER September 14, 1993 ~lching Facility Site cont'd. easterly having a radius of SO0.O0 feet; thence run Southerly 70.78 feet along the arc of said curve through a central angle of 08° 06' 37" to a point of reverse curvature of a curve concave Westerly having a radius of 999.87 feet ; thence ~un Southerly Z83.07 feet along the arc of said curve through a central angle of 16° 13' 14" to a point of reverse curtature of a curve concave £asterl¥, having a radius of SO0.O0 feet; thence run Southerly 70.78 Feet along the arc of said curve through a central anffle of 08° 06' 37"; thence South 00° 10' 49" West, 135.39 feet to the North line of aforementioned Section 23; thence South 00° lg' 30" West, into said Section 23, 2355.96 feet to the Poin~ of Beginning. AIl the .above situate in Indian River County, Florida, and containing 25.5 acres, more or less. (g) City of Sebastian 1225 Main Street r~ SEBASTIAN, FLORIDA, 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 November 3, 1993 CERTIFIED MAIL P 252 914 984 Henry A. Fischer 10725 U.S. #1 Sebastian, FL 32958 Reference: Expiration of Special Use Permit & Saw Mill Operation Dear Mr. Fischer: As you are aware, the City Council at its regular meeting of October 27, 1993 approved the amended site plan to reflect the change in the staging area of the mulching facility and directed the City Attorney to draft a resolution to bring back to the City Council for final adoption. At this time, the City Attorney needs your surveyor to certify the survey to the City of Sebastian of the legal description that you presented to the City Council. This will be incorporated within the resolution for their approval. Since the City 'Council rejected the proposed five (5) year extension for your facility, your current special use permit will expire July 22, 1994. Since the City Council did not approve of any further time extension, you will be required to have all materials and any other related equipment from this facility to be removed no later than July 22, 1994. Also, please be advised that the saw mill operation that has just been recently placed within this facility was not part of your application nor was this part of the City Council's.approval. Therefore, I have no alternative but to require within 14 days from receipt of this letter to have this saw mill operation removed totally from this facility in order to be in compliance with your special use permit. Henry A. Fischer November 3, 1993 Page 2 If you have any questions concerning this matter, please do not hesitate to give me a call at 589-5537. Sincerely, Director of Community Development ~C/gk haf.wp CC: Kathryn O'Halloran Mayor & City Council Warren Dill Reading Board 213 Midvale Terrace Sebastian, FL 32958 November 6, 1993 Bruce Cooper Sebastian City Hall Sebastian FL, 32958 Dear Mr. Coopen I have great respect for Henry Fischer, but I hope the city will deny him a permit extension for his mulch-and-burn operation situated east of Sebastian River Middle School and northeast of Sebastian River Senior High School,. The smoke from that mulch- and-burn operation has frequently bothered Sebastian River students and teachers traveling between portable buildings or participating in outdoor P.E. classes. This has especially affected teachers and students with asthma, allergies, or other respiratory problems. Please survey Sebastian River teachers and students before granting Dr. Fischer any permit to continue his mulch-and- burn operation beside the two schools. Sincerely yours, ohn Kebbel, o.hn Kebl Sebastlan River Middle Teacher ?ooENRY F SCHER & SONS, INC. · Box 780068 ! Sebastian, Florida 32978-0068 7) 5893159 · FAX: (407) §89-773t · Site Development · Road & Parking Lot Conslructlon · Storm Drainage · Land Clearing · Fill Hauling & Compaction · Heavy Equipment Rentals November 8, 1993 Mr. Bruce Cooper CITY OF SEBASTIAN P.O. BOx 780127 Sebastian, FL 32978-0127 RE= Special Use Permit for Extension of 2-3 years - Mulching and Air Curtain Incinerator Site Location Dear Bruce: This letter is in regards to your October 29, 1993 letter regarding the expiration of our mulching and incinerator project. We have Just filed a new Special Use Permit Application for an extension of two-three years and we are going to include into the application that we feel the sawmill was adequately discussed with the City at the Special Use Permit Meeting. In order to clarify the matter, we have included it in the new Special Use Permit Application and feel as though the two week (14 days) notification needs to be extended until we have the next Special Use Permit Meeting. Thank you for your consideration in this matter. If you need any additional information or clarification, please do not hestltate to contact me. Sincerely, Eenry A. Fischer HA~:sf Attachment City of Sebastian 1225 Main Street o SEBASTIAN, FLORIDA TELEPHONE (407) 589-5330 o FAX (407) 589-5570 32958 November 30, 1993 Sebastian River Middle Junior High School Attn: Greg Pearsaul County Road 512 Sebastian, FL 32958 Reference: Henry Fischer's Mulch and Burn Facility Dear Mr. Pearsaul: Please be advised that the City of Sebastian has received a request from Henry A. Fischer to extend the time frame for his mulch and burn facility which is due to expire July 22, 1994. Mr. Fischer is requesting a two to three year extension. The reason for my letter is based on my receiving a letter from one of your teachers, John Kebbel, indicating that your school has been bothered in the past during his burn operation. Please be advised I have no authority to survey your teachers and students prior to the City Council reviewing the special use permit application but, this is a public hearing and anyone can attend and speak to the City Council regarding this matter. The meeting is set for 7:00 p.m. on December 8, 1993 at the City Council Chambers located at 1225 Main Street and if you have any further questions concerning this matter, please do not hesitate to give me a call at 589-5537. Sincerely, Director of Community Development BC/gk sebms.wp cc: John Kebbel