HomeMy WebLinkAboutR-91-03RESOLUTION NO.: R-91-03
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 10 ACRES IN SIZE MORE OR LESS FOR CERTAIN
PROPERTY IN THE NORTHEAST SECTION OF THE CITY OF
SEBASTIAN, ON THE WEST SIDE OF THE RIGHT-OF-WAY OF OLD
DIXIE HIGHWAY AND 410 FEET SOUTH OF WOODMERE ROAD;
LOCATED IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
CITY OF SEBASTIAN; 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, Randy Mosby of Mosby Associates, on behalf of the
owners, Jo Doris Flatt and Tony H. and Lisa Gayle DeCristafaro, has
applied for the issuance of a special use permit for the mining of
sand and soil materials from a tract of land which is 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 its 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 August 16, 1990, the
Planning and Zoning Commission recommended approval of the
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.
2
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 use permit for the mining of sand and soil
materials submitted by the applicant, Randy L. Mosby, P.E., of
Mosby Associates on behalf of the owners, Jo Doris Flatt and Tony
H. and Lisa Gayle DeCristafaro, for real property located in
Section 7, Township 31 South, Range 39 East, City of Sebastian,
Indian River County, Florida, being more particularly described as
follows:
A PARCEL OF LAND BEING THE SOUTH ONE-QUARTER (1/4) OF THE
NORTHWEST ONE-QUARTER (1/4), OF THE NORTHEAST ONE-
QUARTER (1/4), OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39
EAST; AND ALSO, BEGINNING AT THE SOUTHWEST CORNER OF
GOVERNMENT LOT 1, OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE
39 EAST, RUN NORTH 330.00 FEET ALONG THE WEST LINE OF
SAID ~OVERNMENT LOT 1; THENCE, DUE EAST ON A LINE
PARALLEL TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, TO
THE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY;
THENCE, IN A SOUTHERLY DIRECTION ALONG SAID RIGHT-OF-
WAY TO THE SOUTH LINE OF ~OVERNMENT LOT i IN SECTION 7,
TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE, WEST TO THE
POINT OF BEGINNING; EXCEPT THAT PART OF SAID GOVERNMENT
LOT I USED AS RIGHT OF WAY FOR PUBLIC HIGHWAY, ALSO LESS
AND EXCEPT THE FOLLOWING PARCEL OF LAND, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 2: THE EAST
300.00 FEET THEREOF AS MEASURED PERPENDICULAR TO THE WEST
RIGHT OF WAY LINE OF THE OLD DIXIE HIGHWAY, SAID EAST
300.00 FEET BEING WEST OF AND COINCIDENT WITH SAID WEST
RIGHT OF WAY LINE OF THE OLD DIXIE HIGHWAY;
AND ALSO
THAT CERTAIN PROPERTY LYING WITHIN, THE SOUTHERLY ONE-
HALF (1/2) OF THE WESTERLY 260.92 FEET, OF THE SOUTHERLY
ONE-QUARTER (1/4) OF THE NORTHWEST ONE-QUARTER (1/4) OF
THE NORTHEAST ONE-QUARTER (1/4) OF SECTION 7, TOWNSHIP
31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA,
THE EXTERIOR BOUNDARY OF WHICH IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SECTION
7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID POINT ALSO
BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 1, SECTION
7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, THENCE S 89 DEGREES
44' 34" W, 1063.63' TO THE POINT-OF-BEGINNING THENCE
CONTINUE S 89 DEGREE 44' 34" W, 260.92 FEET; THENCE N.
00o 01' 30" E, 166.88 FEET THENCE N. 89o 42' 39" E,
260.92 FEET; THENCE S 00o 01' 29" W, 167.02 FEET TO THE
POINT-OF-BEGINNING, SAID PARCEL OF LAND BEING AND LYING
IN INDIAN RIVER COUNTY, FLORIDA. ALSO, RESERVING AN
EASEMENT OF INGRESS, EGRESS, AND UTILITY PURPOSES ON,
OVER, UNDER AND ACROSS THE NORTHERLY 30 FEET, MEASURED
PERPENDICULARLY TO THE NORTHERLY BOUNDARY 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 the
application of the Applicant 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 the Applicant or its
successors and assigns:
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. Applicant shall cut down the grade of the property
in question by removing approximately 82,000 cubic yards
of sand in order to properly engineer and develop said
property.
Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special
Use Permit granted to the Applicant 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 ~regoing Resolution was moved for adoption by CounCilman
/.//~.~ . The motion was seconded by Councilman
and, upon being put to a vote, the vote
was as follows:
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 .... -'~-~- - , 1991.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
...... ~ ~//
Ka~hryn ~. O'Halloran~
City Clerk
W. E. Conyers/ayor
(Seal)
6
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero 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 public hearing was held
on this Resolution at 7:00 p.m. on the day of ,
1991, and that following said public hearing this Resolution was
passe~ by the City Council.
Kathryn M~ ~'~Halloran, CMC/AAE
City Clerk
Approv~as"to'~ Form and Content:
Charles Ian Nash, City Attorney