HomeMy WebLinkAboutR-95-07RESOLUTION NO. 95-07
A RESOLUTION OF THE CITY OF SEBASTIANv 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 30.2 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;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR ANEFFECTIVE DATE.
WHEREAS, Henry A. Fischer and Sons, Inc., a Florida
corporation, (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 it 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, the Planning and Zoning Commission conducted a public
hearing and received public input on the Applicant's application
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
W~EREAS, at its regular meeting on February 3, 1994, 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
W~EREAS, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the City
staff; and
W~EREAS, 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
W~EREAS, 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
W~EREAS, 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
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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
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. SPECIAL USE PERMIT. Subject to the requirements
and conditions contained in this Resolution, the application for
the issuance of a special use permit for the mining of sand and
soil materials submitted by Henry A. Fisher & Sons, Inc., a Florida
corporation, is granted, for the real property it owns located in
Section 17, township 31 South, Range 39 East, in Indian River
County, Florida, being more particularly described as follows:
VICKER'$ PHASE I
A parcel of land lying in Section 17, Township 31 South, Range
39 East, being more particularly described as follows:
Beginning at the Southwest corner of said Section 17, run
North 89° 35' 01" East, 2645.51 feet to a point of curvature of a
curve concave Southwesterly, having a radius of 260.00 feet through
which a radial line bears North 75° 05' 14" East; thence run
Northwesterly 342.77 feet along the arc of said curve through a
central angle of 75° 30' 13"; thence South 89° 35' 01" West, 275.39
feet; thence North 00° 24' 59" West, 60.00 feet to the Point of
Beginning. .From the Point of Beginning run South 89° 35' 01" West,
186.53 feet; thence North 21° 48' 43" West, 1483.14 feet to a point
of curvature of a curve concave Southeasterly having a radius of
80.00 feet; thence run Northeasterly 125.66 feet along the arc of
said curve through a central angle of 90° 00' 00"; thence North 68°
11' 17" East, 170.00 feet; thence South 21° 48' 43" East, 1435.00
feet to a point of curvature concave Westerly, having a radius of
370.00 feet; thence run Southerly 138.17 feet along the arc of said
curve through a central angle of 21° 23' 44"; thence South 00° 24'
59" East, 50.53 feet to a point of curvature of a curve concave
Northwesterly, having a radius of 25.00 feet; thence run Southerly
39.27 feet along the arc of said curve, through a central angle of
90° 00' 00" to the Point of Beginning.
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AND ALSO
A parcel of land lying in Section 17, Township 31 South, Range
39 East, Indian River County, Florida, being more particularly
described as follows:
Beginning at the Southwest corner of said Section 17, run
North 89° 35' 01" East, 112.00 feet; thence North 00° 09' 07" East,
50.00 feet; thence North 89° 35' 01" East, 442.00 feet to the POINT
OF BEGINNING. From the P.O.B., run North 00° 09' 07" East, 250.00
feet to a point of curvature concave Northeasterly having a radius
of 50.00 feet through which a radial line bears North 89° 35' 01"
East; thence run Easterly 79.04 feet along the arc of said curve
through a central angle of 90° 34' 06"; thence North 89° 35' 01"
East, 745.01 feet to a point on a non-radial curve, concave
Southeasterly, having a radius of 90.00 feet and through which a
radial line bears North 00° 24' 59" West; thence run Southwesterly
91.09 feet along the arc of said curve through a central angle of
57° 59' 26"; thence South 31° 35' 35" West, 191.88 feet; thence
South 89° 35' 01" West, 619.52 feet to the POINT OF BEGINNING.
Ail the above situate in Indian River County, Florida and
containing 12.3 acres, more or less.
VICKERWS PHASE II
A parcel of land lying in Section 17, Township 31 South, Range
39 East, Indian River County, Florida, being more particularly
described as follows:
Beginning at the Southwest corner of said Section 17, run
North 89° 35' 01" East, 112.00 feet; thence North 00° 09' 07" East,
50.00 feet to the POINT OF BEGINNING. From the Point of Beginning,
continue North 00° 09' 07" East, 1775.55 feet; thence South 89° 35'
01" West, 361.39 feet to a point of curvature concave Southwesterly
having a radius of 80.00 feet; thence run Southerly 124.87 feet
along the arc of said curve through a central angle of 89° 25' 54";
thence South 00° 09' 07" West, 1689.25 feet; thence South 89° 35'
01" West, 442.00 feet to the Point of Beginning.
Ail the above situate in Indian River County, Florida and
containing 17.9 acres, more or less.
SECTION 2. CONDITIONS OF APPROVAL AND CONTINUATION OF THE
SPECIAL USE PERMIT. The approval of the City Council of the
application of Henry A. Fischer & Sons, Inc. for the special use
permit that is the subject matter of this Resolution is expressly
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conditioned on the continuous satisfaction of, and compliance with,
the following requirements by Henry A. Fischer & Sons, Inc.
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-5.19 and
20A-5.37, inclusive, of the Land Development Code.
B. The providing of compliance and restoration bonds for the
operation contemplated in the revised plans of the Applicant
payable to the City of Sebastian in a form, an for such
amounts, acceptable to the City, in accordance with the
provisions of Section 20A-5.30(e) of the Land Development
Code.
C. The providing of Type A or natural landscaping
buffer/screening in accordance with the Land Development Code.
D. The revision of the plans 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.
E. The revision of the plans initially proposed by the
Applicant in a form and substance which indicate that the
project is to be conducted in two phases in compliance with
20A-5.30(c) (1) of the Land Development Code.
F. The operation of the sand mining project on Saturdays
shall only occur between the hours of 7:00 A.M. and 5:00 P.M.,
but such Saturday operations shall immediately cease if at any
time after the passage of this Resolution, the City Council,
in its sole discretion, determines that Saturday operations
constitute a nuisance to the neighborhood (surrounding
properties).
S~C?ION 3. CONFLICT. Ail Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SEC?ION 4. SEVERABILIT¥. 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
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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. 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 Resolution
Councilmember ~t~,,
by Councilmember
into a vote, the vote was as follows:
was moved for adoption by
The motion was seconded
and, upon being put
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 ~ day of ~.~-~! , 1995.
CITY OF S~BASTIAN, FLORIDA____
Arthur L. Firtion, Mayor
' ATTEST: '~
L-~a~ ~. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland,
City Attorney
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