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Home My WebLink AboutR-95-09RESOLUTION NO. 95-09 A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY~ FLORiDA~ GRANTING A SPECIAL USE PERMiT ANDMINING PERMIT TO RICHARD FEY FOR SAND MINING ON APPROXIMATELY 11 ACRES OF LAND; FINDING THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH ANDWELFAREAND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE INDUSTRIAL DISTRICT; FURNISHING CONDITIONS; PROVIDING ANEXCEPTION TO THE 150 FOOT SET BACK; MODIFYING CONDITION NUMBER EIGHT IN THE TREE RECYCLINGAND MULCHING RESOLUTION ON THE PROPERTY BY DELETING THE PROHIBITION ON SAND MINING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Richard Fey had made application for a special use permit to construct and operate a sand mining facility; and WHEREAS, the Planning & Zoning Commission held a public hearing on December 15, 1994, on such special use permit and mining permit recommended approval of the special use permit and mining 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: SECTION 1. FINDINGS OF FACT. The city Council, after considering the evidence presented at the hearing, finds as follows: (1) Granting a special use permit will not be detrimental to the public safety, health or welfare, or be injurious to other property improvements within the immediate vicinity of which the property is located for a period of one (1) year from the date of this resolution; and (2) The use requested is consistent with the purpose and intent of the respective industrial district, can be demonstrated to be similar in nature and compatible with the uses allowed in such district for a period of one (1) year from the date of this Resolution. SECTION Z. APPROVAL: The city of Sebastian hereby approves a special use permit and mining permit for Richard Fey to operate a sand mining use on approximate 11.07 acres of land as described on the attached legal description and numbered as Exhibit "1." The land is located within an industrial property address is Old Dixie Highway. year period terminating Resolution. SECTION commencing on the date one (1) year from the district and the subject The permit is for a one (1) of this Resolution and date of adoption of this ENGIN~RIN~ DRAWIN~B: Drawings with sheets one through five (Engineering Drawings) prepared by R. Wayne Westerman, Jr., P.E., dated August, 1994, Project Number 48-9402, were filed with the City for the mining permit. The city of Sebastian under Section 20A-5.30 hereby approves the permit application as follows: Mining Plan: (1) Plan review and cross-sections: Plans as shown on pages 1 and 2 and cross-sections as shown on pages 3, 4 and 5 of the Engineering Drawings. (2) Amount of fill to be removed: 37,978 cubic yards. written safety and security plan to the Development Director for his approval commencement of the sand mining operation. Restoration plan: (3) Time table of mining activity: One (1) year. (4) Method of mining: Front end loaders and backhoes. No crushing, mixing plant or bins shall be used at the site. No hard rock mining shall be done unless specifically approved by the city of Sebastian. (5) Hours of operation: The hours of mining operation shall be limited to 7:00 A.M. until 5:00 P.M., on Monday through Friday and 9:00 A.M. until 4:00 P.M. on Saturday. No operations shall be conducted on Sunday. (6) Safety and security plan: The landowner shall submit a Community prior to (1) The Engineering Drawings included a restoration plan on page 2 which shows the finished grade and the future land use as a small mulching operation. The landowner shall complete the restoration plan for the finished grade prior to the expiration of this permit. SECTIO~ 4. ADDITIONAL COnDITIOnS: The landowner, in order to conduct the special use of sand mining on the property described in this Resolution and obtain the mining permit must comply with conditions as follows: (1) The landowner shall provide and maintain screening from the sand mining operation to adjacent residential properties in accordance with Section 20A-5.30(c)(5) of the Land Development Code. The landowner shall reestablish the existing berm to prevent access. The berm shall be 8 foot high and 50 feet in length on the west side of the property as part of landowner's screening of adjacent properties. (2) The landowner shall deliver written authorization permitting the sand mining operation on this property from the U.S. Fish and Wildlife Services to the Community Development Director prior to the commencement of its operation. (3) No motor vehicle shall be allowed to enter or exit on this property from Georgia Boulevard. (4) The landowner shall not permit stockpiling of any sand from the operation of this facility to exceed the highest point (32 feet mean sea level) in the mining area shown on the topographic survey (page 2 of the Engineering Drawings). (5) The landowner shall use Dixie Highway as its access route to the site. The landowner shall obtain approval from Indian River County to have access to Old Dixie Highway to conduct a sandmining operation. (6) The landowner shall provide a surety bond or a cashier's check in the amount of $11,070.00 to the City of Sebastian to ensure the compliance with the conditions of this permit, and an additional surety bond or cashier's check in the amount of $5,630.00 to the City of Sebastian for restoration of the project area when the mining operation terminates. The surety bonds or cashier's checks shall be provided with a memorandum of understanding to the Director of Community Development prior to the commencement of the sand mining operation. (7) The landowner shall install permanent project boundary corners, with intermediate stakes at a minimum interval of three hundred (300) feet, and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with the Engineering Drawings. (8) The landowner shall submit, on or before October l, 1995, a written report in accordance with Section 20A- 5.30(d) (4) of the Land Development Code of the city of Sebastian. (9) The landowner in the operation of the sand mining facility shall be bound by the conditions of this Resolution and the Engineering Drawings as modified by this Resolution. SECTION $. EXCEPTION: The City of Sebastian hereby grants an exception to the 150 foot setback requirement under Section 20A- 5.03(c) (2) of the Land Development Code as the sand mining operation will not lower the elevation of the ground below the neighboring property. SECTION 7. MODIFICATION OF SPECIAL USE CONDITIONS FOR MULCHING: The city of Sebastian hereby modifies condition number 8 in the Resolution approvingl a special use permit to operate a tree recycling and mulching facility on this property. Condition number 8 is modified to delete the prohibition against sand mining. All other terms and conditions of condition number 8 shall remain in full force and effect. SECTION 8. SEVERABILITY: 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 9. CONFLICTS: Ail Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 10. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was~ moved for adoption by Councilmember . ~ ~ . The motion was seconded by Councilmember 0~~.A~ 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 ~~ day of CITY OF SEBASTIAN, FLORIDA Arthur L. Firtion, Mayor ATTEST: O ' Malloran CMC/AAE Kathryn , (Seal) Approved as to Form and Content: Clifton A. McClelland,' . City Attorney 7