HomeMy WebLinkAboutR-92-33RESOLUTION NO.:
A RESOLUTION OF THE CiTY OF SEBASTIANv INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL
USE PERMIT FOR THE OPERATION OF A MULCHING AND BURNING
FACILITY, PURSUANT TO SECTION 20A-2.$ OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, FOR A TRACT
OF LAND APPROXIMATELY 25.69 ACRES IN SIZE LOCATED NORTH
OF COUNTY ROAD512, WEST OF THE SEBASTIAN RIVER, AND EAST
OF THE WESTERN CITY LIMITSv LOCATED IN THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR
COMPLIANCE WITH THE REQUiREMENTS OF THE LANDDEVELOPMENT
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 ANEFFECTIVEDATE.
WHEREAS, Henry Anthony Fischer, individually, ("the
Applicant"), has applied for the issuance of a special use permit
for the operation of a mulching and burning facility on a tract of
land which is located in the City of Sebastian, Indian River
County, Florida; and
WHEREAS, the Applicant, and his representative, have
participated in various pre-application discussions with
appropriate members of the City staff; 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 May 21, 1992, the Planning
and Zoning Commission recommended approval of the Applicant's
request for the granting of a special use permit for the operation
of a mulching and burning facility on 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 will reduce the use of the Indian River
County landfill for disposal of land clearing materials; and
WHEREAS, the City Council has determined that the use
requested by the Applicant, that is, the operation of a mulching
and burning facility, 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.
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 operation of a mulching
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and burning facility submitted by Henry Anthony Fischer,
individually, for the real property located at North of County Road
512, East of the Sebastian River, and West of the western Sebastian
city limits, in the city of Sebastian, Indian River County,
Florida, being more particularly described as follows:
"The West 475 feet of the North 2356.24 feet of the
Northwest one-quarter of Section 23, Township 31 South,
Range 38 East, lying West of the Sebastian River. Said
land situate in Indian River County, Florida, and
containing 25.69 acres, more or less.
is granted, subject to the requirements and conditions contained
in this Resolution.
Sect~,Qn 2. CONDITIONS OF APPROVAL ANDCONTINDATION 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 Section
3 this Resolution) is conditioned on the continuous satisfaction
of, and compliance with, the following requirements by the
Applicant or his successors and assigns:
1. 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, all sections
of the Land Development Code of the City of Sebastian.
2. Securing all required permits from the Florida
Department of Environmental Regulation, and all other state,
federal, county and city agencies and departments.
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3. Utilizing the private road
Applicant as Watervliet Avenue (also known
extension), which is owned by the Applicant,
designated by the
as the C.R. 510
for all vehicular
traffic associated with the mulching and burning facility.
4. Obtaining and maintaining an occupational license
from the city for the mulching and burning facility.
5. Operating the mulching and burning facility in a
manner that does not create any smoke, glare or other visual
hazards in violation of Section 20A-5.15(C) (b) of the Land
Development Code of the city of Sebastian.
Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special
Use Permit granted to the Applicant pursuant to this Resolution
shall expire on such date that the subject property ceases to be
used primarily as a mulching and burning facility or on such date
as a building permit is applied for by the owner (or his or her
agent or representative) of a lot located within the subdivision
where the mulching and burning facility is located or on the two
year anniversary of the granting of the special use permit pursuant
to this Resolution, whichever date first occurs.
Section 4. CONFLICT. Ail resolutions or parts
resolutions in conflict herewith are hereby repealed.
of
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
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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. EFFECTI~ D&TE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Council
Member
Council Member
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Peter R. Holyk
Council Member George G. Reid
The Mayor thereupon declared this Resolution duly passed and
adopted on this ~/day of ~ , 1992.
ATTEST:
Kathryn ~. O'Hallor~n, CMC/AAE
City Clerk
(Seal)
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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 publ$c hearin~ w~s held
on this Resolution at 7:00 p.m. on the j~/day of ~¢~ ,
1992, and that following said public hearing this Re~l%F~ion was
passed by the City Council.
Kathryn~M. O"Hal-loran, CMC/AAE
City Clerk
Approved as ~d content:
c~~/n-''~?Ns~fh, Ci~Attorney