HomeMy WebLinkAboutR-90-19RESOLUTION NO.: R-90-19
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A
SPECIAL USE PERMIT FOR THE MINING OF SAND AND SOIL
MATERIALS PURSUANT TO SECTION 20A-2.6 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN FOR A TRACT
OF LAND APPROXIMATELY 16.38 ACRES IN SIZE, LOCATED IN
SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR
COMPLIANCE WITH THE REQUIREMENTS OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
FOR THE iMPOSITION OF CONDITIONS FOR THE ISSUANCE OF
THE SPECIAL USE PERMIT; PRESCRIBING A TIME WHEN THE
SPECIAL USE PERMIT EXPIRES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer ("the Applicant") has applied for
the issuance of a special use permit for the mining of sand and
soil materials from a tract of land he owns located in the City
of Sebastian, Indian River County, Florida; and
WHEREAS, the Applicant has participated in various pre-
application discussions with appropriate members of the City
staff; and
WHEREAS, the Applicant has obtained a permit from the St.
Johns River Water Management District to operate the mine as
requested in his application; and
WHEREAS, the City staff has determined that the Applicant's
application for a special use permit should be approved subject
to certain conditions; and
WHEREAS, at its regular meeting on April 5, 1990, the
Planning and Zoning Commission recommended approval of the
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Applicant's request for the granting of a special use permit for
the mining of sand and soil materials from a tract of land the
Applicant owns located in the City of Sebastian; and
WHEREAS, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
WHEREAS, the City Council has conducted a public hearing
after compliance with the provisions of Section 20A-2.6 D of the
Land Development Code of the City of Sebastian to afford the
input of comments and evidence from all interested persons,
citizens and affected persons; and
WHEREAS, the City Council has determined that the granting
of the special use permit to the Applicant will not be
detrimental to the public safety, health or welfare or be
injurious to other properties or improvements within the
immediate vicinity in which the Applicant's property that is the
subject of the special use permit is located; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, the mining of sand and soil
materials, is consistent with the purpose and intent of the
zoning district where the Applicant's property that is the
subject of the special use permit is located and is similar in
nature and compatible with the uses allowed in that zoning
district.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. SPECIAL USE PERMIT. The application for the
issuance of a special issue permit for the mining of sand and
soil materials submitted by Henry A. Fischer for the real
property he owns located in Section 17, Township 31 South, Range
39 East, in Indian River County, Florida, being more particularly
described as follows: the south 925 feet of the north 1,050 feet
of the west 875 feet of the southwest 1/4 of the said Section 17,
less and except the westerly 125 feet thereof, is granted,
subject to the requirements and conditions contained in this
Resolution.
Section 2. CONDITIONS OF APPROVAL AND CONTINUATION OF
THE SPECIAL USE PERMIT. The approval of the City Council of
Henry A. Fischer's application for a special use permit that is
the subject matter of this Resolution and the continuation of
such special use permit until its expiration as provided for in
this ReSolution is conditioned on the continuous satisfaction of,
and compliance with, the following requirements by Henry A.
Fischer:
A. Compliance with the provisions of all applicable federal
and Florida statutes, rules and regulations, county
ordinances and the ordinances and resolutions of the City of
Sebastian, including, but not by way of limitation, Sections
20A-5.29 and 20A-5.30 of the Land Development Code.
B. The providing of compliance and restoration bonds to the
City of Sebastian in a form, and for such amounts,
acceptable to the City.
C. The providing of Type A or natural landscaping
buffer/screening in accordance with the Land Development
Code.
D. The revision of the littoral zone initially proposed by
the Applicant in a form and substance acceptable to the City
as provided in Section 20A-5.29 of the Land Development
Code.
Section 3. EXPIRATION OF THE SPECIAL USE PERMIT.
The Special Use Permit granted to the Henry A. Fischer pursuant
to this Resolution shall expire at midnight on the 365th day
following the passage of this Resolution.
Section 4. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. SEVERABiLITY. In the event a court of
competent Jurisdiction shall hold or determine that any part of
this Resolution iS invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 6.
EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman ~/~~L4~ The motion was seconded
by Councilman and, upon being put to a
vote, the vote was as follows:
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Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of ~/~ , 1990.
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CITY OF SEBASTIAN, FLORIDA
ATTEST: W.E.
'K~th'r~ ~M.~ 'O'H~lldran, cMC/AA~
City Clerk
Conye~a¥or
(Seal)
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Veto Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of
the City of Sebastian, Florida, that one~ub~ic hearing ~s held
on this Resolution at 7:00 p.m. on the ~ day of ~/~/~ ,
1990, and that following said public hearing this Resolutidn was
passed by the City Council.
Kathr~n M. O~Hali6~n,"'CMC/A~
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney