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Home My WebLink About02191997 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] 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 2. 3. 4. CALL TO ORDER PLEDGE OF ALLLEGIANCE ROLL CALL QUASI-JUDICIAL PUBLIC HEAR[JNG($), FINAL ADOPTiOI~ (Procedures on Back of Agenda) Conduct Quasi-Judicial Public Hearing on_Sandlnining Special Use Permit Application fgr Vickex~ Grove Subdivision Phase III - (~onsider Adoption &Resolution bio. R-97-08 (Director.of Cgmmunity Development Director Transmittal 2/13/97, K-97-01L_~;t~ff Report, LocationMap, 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 Bo Conduct Quasi-Judicial Public Hearing. on Preliminary Plat for Vickers Grove Industrial Subdivision, - ~onsider Adoption of Resoluti011 No. R-97-10 (Director of Cor0,mu~ty Devel0pr0¢r~ Director Transmittal 2/13/97, 1t,-97-08, StaffReport, Location Map. Al~plicatior0 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 DECISIONMADE 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 WttlCH THE APPEAL IS TO BE HEARD. (286. O105 F.S.) IN COMPLIANCE WITH THE AMERICANS MTH 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.dudicial 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) ° If Requested by Party or Party lntervenor - Clerk/Secretary Administers Oath to Other Parties and/or Party Intervenors V/ho Intend to Testify o For Non-Land Use Matters - Disclosure of Ex-Parte Communication · Stafflnitial Presentation ° Inquiry of Staffby Affected Parties through Mayor or Presiding Officer · Applicant Presentation - Uninterrupted 15 Minutes · Inquiry of Applicant by Council (or Staff or Affected Parties through Mayor or Presiding Officer) · Proponents' Testimony - 3Minutes or lOMinutes if Representing 5 orMore ° Inquiry of Proponents by Council/Board · Opponents' Presentation - Affected Opponents 15 Minutes - Other 3 Minutes or 10 Minutes if Representing 5 or More · Inquiry of Opponents by Council/Board ° Opening of Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or More Inquiry of Informational P/itnesses by Council/Board Closing of Public Information Period StaffResponse and Summary - 10 Minutes (Affected Parties May be Allowed to Make Clarifications or Ask Questions of StafJ) ° Applicant's Rebuttal Presentation - 10 Minutes (Affected Parties or StaffMay be Allowed to Make Clarifications or Ask Questions of ApplicanO o 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 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 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 Staff`Present: 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 QUASI-JUDICIAL PUBLIC HEA~G(S), FINAL ADOPTION Conduct Q~l~si4udicial Public Hearing on Sanclmining Special Use Permit Application for Vickers Q:l'OVe Subdivision Phase III - Consider Adoption of Resolution No. R-97-08 (Director of CommuniLv Dev~l_opl'oer~t Director Transmittal 2/13/97, R-97-08, Report, Location Map, Apl~lication) 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. 2 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 property is located and that the proposed use is consistent with the purpose and intent of the industrial zoning district and is similar in nature and compatible with uses allowed in the industrial zoning district. He said it is further recommended that City Council approve the application for the Vicker's Sand 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 comers, with intermediate stakes at a minimum of three hundred feet and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with approved plans for the permit. Mayor Cartwright asked if compliance with St. Johns Water Management District requirements was to be a condition and the Director of Community Development said he would not object to that as an additional condition and that staff receive a report. In response to Mr. Barnes, the Director of Community Development said there is an emergency access onto Concord which will be provided in the Industrial Subdivision; that the current sandmining allows mining from 7 am to 5 pm Monday through Saturday, however, Saturday operation shall cease if Council determines the operation constitutes a nuisance; explained St Johns rules relative to littoral zones. 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. OSpecial 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 of a fence and that a City of Sebastian police officer was living on the site. Mr. Cramer described the area of current mining to Mr. Halloran, saying that they are gradually moving south away from the residential area. 4 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, Eider, 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. Corem 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). OSpecial 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 Corums 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 right-of-way. 6 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. OSpecial City Council Meeting February 19, 1997 Page Eight 97.073 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, Halioran 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 River 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 Quasi-Judicial Public Hearing on Preliminary Plat for ¥ickers G-rove Industrial 5obclivision - Consider Adoption of Res0l~lti0n No. R-97-10 (Director of Communily Develogment Director Transmittal 2/13/97, R-97-08, StaffKeport, 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.llqOU~;TRiAL 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 tight-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 of ten feet of tight-of-way. Mayor Cartwtight closed the quasi-judicial heating 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. Cartwtight - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-O 9 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 at the ,1997, Regular City Council Meeting. ise R. Cartwright Mayor I0 Community Development Department Mining Special use Permit Application - Staff Report Project Name: Vicker~s Grove Sand Mine Phase 111 Requested Action: Approval of a special use permit for the a third phase of the Vicker's 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 Flodda 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 00° 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 00° 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 Northwestedy North 89.37 feet along the arc of said curve, through a central angle of 104° 29' 46", thence North 21°48, 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: 10. (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent c. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: The proposed conservation element. Specifically:, use is consistent with the Policy 6-1.6.1: Prohibition Against Mininq Activities. Land development regulations shall prohibit mining of minerals, excepting sand mining, based on the irretrievable losses which such intense activities may potentially impose on the City's fragile coastal ecosystem as documented in the Comprehensive Plan Data Inventory and Analysis. g. Recreation and Open Space: 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 N/A square footage of paved areas and open area: setbacks to scale: N/A scaled drawings of the sides, front and rear of the building or structure: N/A no paved area 3 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 Consistent with the comprehensive harmonious overall design: N/A location and screening of mechanical equipment, utility hardware and waste storage areas: none Site location and character of use: plan. Appearance site and structures: a. b. c. commercial and industrial activities conducted in enclosed buildings: N/A d. exterior lighting: none and access/egress Access, internal circulation, off-street parking and other traffic impacts: a. internal circulation system design 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 (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 (2%) feet below the control water elevation, not provided (b) Specify how vegetation is to be established, including the extent, method, type and timing of any planting provided, not provided (c) Provide a description of any water management procedures to be followed in order to ensure the continued viability and health of the littoral zone. not provided (d) Include a plan view which documents the location and quantity of the littoral zone. not provided 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 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 be 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. Ce 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, not provided Use of public and private roads a. All applications shall identify the fill hauling routes: provided on 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 ce 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 32. 33. 34. 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. 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~ 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 distdct 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: I. Pdor 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~ED BY 10 DATE Community Development Department Preliminary Plat Approval Application - Staff Report 1. Project Name: Vicker's Industrial Subdivision 2. Requested Action: Approval of Preliminary Plat. 3. Project Location 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 westedy 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 southwesterly, having a rasious of 260.11 feet and through which a radial line bears north 75°05't3" east, thence run northwesterly 342.77 feet along the arc of said curve, through a central angle of 75°30'12"; thence north 00°24'59'' west, 60.00 feet; thence south 89° 35' 01" west 16.20 feet; thence north 89° 59' 29" east, along said north line, 210.02 feet to the westedy right-of-way of the Florida East Coast Railway; thence 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: 4. 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 5. Project Agent: Project Engineer: Mosby and Associates, inc. 2455 14~h Avenue Vero Beach, FL 32960 (561) 569-0035 Project Attorney: Project Description a. Narrative of proposed action: North: East: South: West: d= IN Current Zoning: Adjacent Properties Zoning RS-lO county lin IN 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 Current Land Use residential industrial, vacant sand mine a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: 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 2 aa. Required a. b. 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 theaccess requirements: Access is not to a collector or arterial street. all existing drainage district facilities and the ultimate right-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 corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: provided block perimeter returns at' block corners 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 10. 11. 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. Conclusion: If the access easement is acceptable to the City, then the proposed subdivision is consistent with the Comprehensive Plan, Code of Ordinances, and the Land Development Code. Recommendation: The staff recommends that the City Council approval of the Preliminary Plat for the Vicker's Grove Industrial Subdivision subject to the following condition: That the applicant dedicate 20 ft of dght-of -way to the city for Concord Avenue. DATE QUASI-JUDICIAL HEARING SIGN-UP SHEET FEBRUARY 19, 1997 97.072 A. Name Address Conduct Quasi-Judicial Public Hearing on Sandmining Special Use Permit Application for Vice;ers Grove Subdivision Phase III - Con$i.der Adoption of Resolution No. R-97-08 For Against Information For Against Information Nam~ Add;ess ..... For Against Information Address/ ....// :~ !, For Against Information Name AddreSS -"' ' '. " . ,, Against Information (~Information For Against i~omati~n Name Address For Against Information Name Address For Against Information Name Address For Against Information QUASI-JUDICIAL HEARING SIGN-UP SHEET FEBRUARY 19, 1997 97.073 B. Conduct Quasi-J_u~licial Public Hearing on Preliminary Plat for Vickers Groy~: Industrial Subdivision_- ¢~n~ider Adoption 0fResolution No. R-97-10 Name Address ~~ Ic..~7~c} ~ .~-.~' / For Against Information For Against Information Name Address For Against Information Name Address For Against Information