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Home My WebLink About02041994 City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] 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 Publlc 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 4. CONTINUANCE OF PUBLIC HEARING 93.356/ 93.246/ 92.179 ae 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. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING FRIDAY, FEBRUARY 4, 1994 - 7:00 EM. 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 Mayor Powell called the Special Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Also Present: City Clerk/Acting city Manager, Kathryn M. O'Halloran City Attorney, Charles Nash Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Special City Council Meeting February 4, 1994 Page 93.356/ 93.246/ 92.179 4. CONTINUANCE O__F PUBLIC HEARING Aw 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) The city Attorney advised city Council relative to procedures for this hearing. Mayor Powell opened the public hearing at 7:05 p.m. The City Attorney swore in Fred Mensing, Warren Dill, George Metcalf, Charles Cramer, Randy Mosby, Robert Walker, A1 Vilardi, Melody Manning, and Marion Bacon. Warren Dill, counsel for applicant Dr. Henry A. Fischer, said for the record, the court reporter, Ryan Recorder, is here on behalf of Damian Gilliams. Mr. Dill said the applicant is requesting a three year extension on the current special use permit, approval of a sawmill and listed five reasons for the request. He said the use would be temporary. Randy Mosby, Mosby & Associates, offered testimony on behalf of the applicant. Resolution No. R-87-19, approving a Sandmining Special Use Permit, was submitted as Exhibit A by Attorney Dill. Mr. Mosby exhibited a map prepared by him, and stated that the temporary facility is no threat to the health, safety and welfare of the public if operated in accordance with permits. Robert Walker, Empire Engineering and Testing, Vero Beach, offered testimony on behalf of the applicant relative to permits, specifically the Florida Department of Environmental Regulation permits for the facility, and stated that there is no threat to the health, safety and welfare of the public. Mr. Walker referred to a letter dated October 27, 1993 from Empire Engineering and Testing regarding noise levels. Special City Council Meeting February 4, 1994 Page Three Charles Cramer offered testimony on behalf of the applicant, read a letter dated December 28, 1993 from him to Roger Pearsall, Sebastian River Middle School. The letter was offered as Exhibit ~. Mr. Cramer discussed a complaint by Logan Crocker, 7916 96th Court, Vero Lake Estates, regarding alleged burning at the site on January 26th. Mr. Cramer's memo dated January 27, 1994 was offered as Exhibit ~. Mr. Cramer read dates of fire permits issued by the Department of Forestry for January 26, 1994, and exhibited a map showing the location of the burn. TAPE I - SIDE ii (7:50 p.m.) Copies of the burn permits were offered as Exhibits and E. Mr. Cramer had in his possession a notebook containing burn permits in Indian River County and again presented the map showing permitted burn sites within the last year. He also referred to a summary of all those permits and stated that 202 permits have been issued since last January and 27 issued this month. The notebook prepared by Mr. Cramer was offered as Exhibit ~ and summary of permits as Exhibit 2. Mr. Cramer said burning at the site does not take place unless there is a wind from the east or southeast and testified to the safety of the operation. Mr. Dill offered a letter from Empire Engineering and Testing dated October 27, 1993 as Exhibit ~, and permits from the Florida Department of Environmental Regulation dated January 15 and 19, 1993 as Exhibit Mayor Powell called recess at 8:00 p.m. and reconvened the meeting at 8:08 p.m.. Ail members were present. Fred Mensing, 7580 129th Street, Roseland, testified to the cleanliness of and need for the applicant's operation. Special City Council Meeting February 4, 1994 Page Four George Metcalf, 425 Pine Street, Sebastian, urged denial based on proximity to residential districts and a school. Mr. Metcalf submitted photographs dated December 7, 1993 as Exhibits J and K. Mr. Dill inquired who was flying the plane and Mr. Metcalf said he believed the name of the pilot was irrelevant. Mr. Metcalf submitted further photographs as Exhibits L, and M. Mr. Dill said his client cannot positively identify the photographs as the site. Mr. Metcalf objected to naming the pilot because he hired the pilot. He said he had piloted aircraft, however, not in this area. The Director of Community Development said he could identify the subject site in the photographs. The city Attorney said the name of the pilot was not relevant. Mr. Metcalf submitted another photograph taken in March 1990 as Exhibit ~. A1 Vilardi, 445 Georgia Boulevard, Sebastian, addressed City Council. Marion Bacon, Vero Lake Estates, testified for Melody Manning relative to smoke from the subject site during November 1993 and other times, said Marion Johnston is not a member of the Vero Lakes Property Owners Board of Directors. TAPE II - SIDE I (8:45 p.m.) Mr. Walker offered testimony in response to the City Attorney relative to the noise study he conducted from Lot 87 in San Sebastian Springs Subdivision, a distance of approximately 700 feet. Mr. Walker noted the location of the test on the city zoning map. Mr. Mosby offered testimony in response to the City Attorney relative to his expertise in permitting and engineering, his knowledge of EPA standards and City Code of Ordinances. Mr. Mosby pointed out the subject site on the city's zoning map. 4 Special City Council Meeting February 4, 1994 Page Five Mayor Powell called recess at 9:05 p.m. and reconvened the meeting at 9:12 p.m. Ail members were present. Mr. Cramer offered testimony in response to the city Attorney relative to his employment with the applicant as supervisor of the mulching site. Fred Mensing offered testimony in response to the City Attorney relative to his knowledge of hauling prices and land values. The Director of Community Development offered testimony in response to the City Attorney relative to his knowledge of the Code of Ordinances, special and conditional uses, said the distance between the nearest platted lots to the mulching facility is approximately 600 feet, the closest lot being lot 140 of River Oaks, discussed the current special use permit for mulching as approved by R-92-33 and the conditions by which it was approved, cited regulations in Section 20A-2.6 (b) (1) and (2) of the Land Development Code, said he has been in this field for twenty years, and said this type of use is not consistent with the RS-20 zoning district uses. The Director of Community Development offered testimony in response to Attorney Dill relative to violations, expansion of the operation, use of the sawmill, TAPE II - SIDE II (9:39 p.m.) read conditional uses for RS-20, said the city had not conducted a certified noise study, and said he believed the noise study conducted is flawed. Marion Bacon offered testimony in response to Attorney Dill relative to smoke, said her home is one mile to the subject site, and said she had no doubt where the smoke was coming from. Mr. Dill showed Mrs. Bacon the site of other burn sites from November 1993. A1 Vilardi offered testimony in response to Attorney Dill regarding smoke. Special City Council Meeting February 4, 1994 Page Six Randy Mosby offered testimony in response to Melody Manning relative to engineering and permitting, said he was unaware of other construction clearing sites taking other's debris. Robert Walker offered testimony in response to Melody Manning relative to typical debris and length of time for burns. Charles Cramer offered testimony in response to Melody Manning relative to time needed to clear the site if not extended, said 60 to 70% is Fischer debris and that 80% of the material has been sold off, and said he could not estimate the profitability of the operation. The Director of Community Development offered testimony in response to Melody Manning relative to the duration of other special use permits issued by the City. The Director of Community Development offered testimony in response to the city Attorney relative to conditional uses for RS-20 zoning. Mayor Powell called recess at 10:10 p.m. and reconvened the meeting at 10:12 p.m. Ail members were present. Attorney Dill made his closing statement to City Council stating that he believed it had been shown that the use is not detrimental to the health, safety and welfare of the public and requested that the use be granted from the time of the current permit expiration. The city Attorney gave his closing statement, and advised City Council on its duty in this matter to find compliance with Section 20A-2.6 of the Land Development Code. Mayor Powell closed the public hearing at 10:20 p.m. MOTION by Damp I'd like to make a motion to extend the date of the temporary permit for two years for the Fischer's mulching from the present expiration date of July 22, 1994, for mulching, air incineration and sawmill. 6 Special City Council Meeting February 4, 1994 Page Seven MOTION died for lack of a second. MOTION by Oberbeck/Freeland I would move to deny the extension for the Fischer mulching and burning temporary permit, Special Use Permit. The Director of Community Development reiterated his opinion that this type of use is not compatible with other uses in RS-20 zoning. The City Attorney advised that if City Council can find that this type of use is not compatible with other uses permitted or allowed in RS-20 zoning, then it cannot approve the application. City Council discussion followed. ROLL CALL: Mr. Oberbeck - aye Mrs. Corum - aye Mrs. Damp - nay Mr. Freeland - aye Mayor Powell - aye MOTION CARRIED 4-1 (Damp - nay) Being no further business, Mayor Powell adjourned the Special Meeting at 10:30 p.m. Meeting. City Clerk , 1994, City Council