HomeMy WebLinkAboutR-95-03RESOLUTION NO. 95-03
SECTION 1.
considering the
follows:
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTIN~ A SPECIAL USE PERMIT TO HENRY
FISCHER AND SONS, INC. FOR A TREE RECYCLING AND MULCH
FACiLiTY ON APPROXIMATELY 22 ACRES OF LAND; FINDING THE
USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND
WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF
THE INDUSTRIAL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Henry Fischer and Sons, Inc. has made application for
a special use permit to construct a recycling and mulch facility;
and
WHEREAS, the Planning and Zoning Commission held a public
hearing on October 6, 1994, on such special use permit and
recommended approval of the special use permit; and
WHEREAS, the city Council of the city of Sebastian, Florida,
has fully considered the permit application and the evidence
presented on the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
FINDINGS OF FACT. The City Council, after
evidence presented at the hearing, finds as
(1) The granting of the special use permit 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 property is located for a five (5) year period from
the date of this Resolution; and,
(2) The use requested is consistent with the purpose and
intent of the respective Industrial District, and can be
demonstrated to be similar in nature and compatible with the uses
allowed in such district for a period of five (5) years from the
date of this Resolution.
SECTION 2. &PPROVAL: The City of Sebastian hereby approves
a special use permit for Henry Fischer and Sons, Inc. to operate a
tree recycling and mulch facility on approximately 22 acres of land
as shown on the sketch on file with the City Clerk which is
represented on the Mosby and Associates drawing entitled "Indian
River Tree Recycling and Mulch" dated November 29, 1994, on Job
Number 94-372. The land is located in an Industrial District and
the subject property address is 6080 99th Street, Sebastian,
Florida 32958. The permit is for a five (5) year period
commencing on the date of this Resolution and terminating five (5)
years from the date of the adoption of the Resolution.
SECTION 3. ADDITIONAL CONDITIONS: The applicant, in order to
conduct a special use on the property described in this Resolution,
must comply with conditions as follows:
(1) Provide a hard surface driveway and parking facility as
delineated on the site plan which must be approved under
Section 3(9).
(2) The applicant must comply with all City and County noise
regulations. As a minimum, the applicant must engage in
the noise abatement practices as represented on Sheet 1
of the Mosby and Associates drawing entitled "cross-
Section" dated January 4, 1995, on Job Number 94-372,
which is incorporated by reference and is on file with
the City Clerk.
(3)There shall be no burning of any kind on this site.
(4) The applicant shall perform any grading of the site as
required pursuant to the site plan which will be
presented to the City.
(5) The applicant shall provide emergency access on the north
side of the property.
(6) The applicant shall fence the north property line of the
site along Concord Avenue from the railroad track to the
west property line.
(7) The applicant's hours of oPeration are limited from 7:00
A.M. to 7:00 P.M.
(8) The applicant shall permit reasonable inspections by the
City to insure compliance with the terms and conditions
of the Special Use Permit.
(9) The applicant must submit and obtain approval of a
detailed site plan in accordance with Article 10 of the
Land Development Code of the City of Sebastian.
SECTION 4. SEVER~BILITY: If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any other section or part of a
section of this Resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
SECTION 5. CONFLICTS: All Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 6. EFFECTIVE DATE: This Resolution shall take effect
immediately upon its adoption.
The foregoing
Councilmember
by Councilmember
Resolution
was
moved for adoption by
. The motion was seconded
and, upon being put
into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this ~J~- day of
~~/ , 1995.
CITY OF SEBASTIAN, FLORIDA
Arthur L. Firtion, Mayor
ATTEST:
Kathry~ M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
city Attorney
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