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HomeMy WebLinkAboutR-95-08I~ESOLUT~ON NO. 95-08 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO RICHARD FEYt L.I. TREE SERVICE, INC. AND DAMIEN GILLIAMS ON APPROXIMATELY 11 ACRES OF L~ND~ ESTABLISHING CONDITIONS FOR THE PERMIT~ PROVIDING FOR SEVERABILITY~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS~ ~ND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Richard Fey, L. I. Tree Service, Inc. and Damien Gilliams have made application for a special use permit to construct and operate a recycling and mulch facility~ and WHEREAS, the City Council conducted a public hearing on September 22, 1993 and October 13, 1993, and denied such permit; and WHEREAS, a civil action was filed in circuit Case Number 93- 0621-CA-20 for the Nineteenth Judicial circuit in and for Indian River County, Florida; and WHEREAS, the circuit Court entered a decision on June 24, 1994, directing the city to issue a special use permit to the applicants with certain conditions attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. FINDINGS OF FACT. The city Council, incorporates the recitals contained herein and incorporates such recitals by reference. SECTION 2. APPROVAL: The city of Sebastian hereby approves a special use permit for Richard Fey, L. I. Tree Service, Inc. and Damien Gilliams to operate a tree recycling and mulch facility on approximately 11.07 acres of land which is represented on the Urban Resource Group drawing, entitled L. I. Tree Service, Lan~ Clearing Debris Recycling dated the 31st day of August, 1993, on Job Number 3D179, as revised on October 6, 1993. The land is located in an industrial district and the subject property address is Old Dixie Highway. The permit is for a period of five (5) years commencing on the date of this Resolution and terminating five (5) years from the date of the adoption of this Resolution. S~CTION $. ADDITIONAL CONDITIONS: The landowner, in order to conduct the special use as a tree recycling and mulch facility on the property described in this Resolution, must comply with conditions as follows: (1) Make the improvements required to Old Dixie Highway as required by Indian River County or obtain a letter of no objection from Indian River County to the use of Old Dixie Highway for ingress and egress to the subject party. (2) Provide a concrete or asphalt driveway and parking facility. Ail other storage areas will be maintained pursuant to proper dust control measures. (3) Thesize and height of piles of debris shall be no larger than 75 x 125 feet at their base. The piles shall be kept a minimum of 20 feet apart from each other. The height of the piles shall be limited in a manner so that .no more than 10,000 cubic yards of processed material is on site at any one time and no more than 30,'000 cubic yards of debris is on site at any one time. (9) (10) (ll) (12) (4) The landowner will provide a performance bond sufficient to provide for site restoration and clean up if the landowner ceases operation of the special use. The Community Development Director must approve of the bond prior to the special use of the property. (5) The wood grinder used by the landowner shall be a Diamond 2 wood grinder with patented safety shield, model number PWG-1260 Cat 3408 (405 hp engine) or equivalent equipment with safety and noise controls. (6) The landowner must comply with all City and County noise regulations. (7) Regarding the house located on the landowner's property, the landowner must provide a letter of no objection , or appropriate permit from Indian River County with regard to solid waste disposal requirements. (8) There shall be no burning or sand mining of any kind on the property. The landowner shall grade the site as required. The landowner shall provide emergency access on the west side of the property. The landowner agrees to fence the entire property. The landowner shall provide a well, complete with a hydrant meeting fire department specifications, for fire protection. 3 (13) (14) (15) (16) (17) (18) (19) (20) The landowner shall limit the hours of operation of the tree recycling and mulching facility to between 7:00 A.M. and 7:00 P.M. The landowner shall permit reasonable inspections by the city to ensure compliance with the terms and conditions of the special use permit. For fire control and dust the landowner shall use an on- site 1,200 gallon water tanker truck. The landowner shall hire a full time sales representative to sell the by product which is produced along with the marketable mulch. The landowner shall not permit any "casual" access through the emergency ingress and egress to the property. The landowner shall establish a 50 foot buffer zone along the west property line. Within the 50 foot buffer zone, the landowner shall install and maintain at least 30 feet of landscaping. The landowner shall comply with all development requirements contained within the Code of Ordinances and Land Development Code of the City of Sebastian, and applicable state and federal regulations. The landowner shall submit and obtain approval of a site plan consistent with the requirements set forth in this Resolution. The site plan will be submitted to the City for approval in accordance with the applicable code requirements. 4 SECTION 4. SEVERABILIT¥: 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: Ail 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 was Councilmember % ~ by Councilmember ~/~,~C~_ 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 5 The Mayor thereupon declared this Resolution duly passed and adopted this .~~ day of ~,/~L//~.~/ , 1995. CITY OF SEBASTIAN, FLORIDA ' Arthur L. Firtion, Mayor ATTEST: .... ' Hailoran, CMC/AAE (Seal) Approved as to Form and Content: '~I,~' ~ ~ .................. Clift6n A. McClelland, Jr. City Attorney