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HomeMy WebLinkAboutR-96-24RESOLUTION NO. 96-~ A RESOLUTION OF THE CITY OF SEBASTIANv INDIAN RIVER COUNTY, FLORIDAv GRANTIN~ANEXTENSION FOR A SPECIAL USE PERMIT AND MINING PERMIT TO RICH~I~D FEY FOR SAND MININ~ ON APPROXIMATELY 11 ACRES OF L]tND; FINDIN~ THE USE IS NOT DETRIMENTAL TO THE PUBLIC SAFETY~ HEALTH ANDWELFAREAND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE INDUSTRIAL DISTRICT; FURNISHIN~ CONDITIONS; PROVIDIN~ FOR SEVERABILITY; PROVIDIN~ FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS~ CONFLICTS; AND PROVIDiN~ 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 on February 22, 1995, approved Resolution 95-09, which granted a special use and mining permit to Richard Fey on approximately 11 acres of land located off Old Dixie Highway for a one (1) year period; and WHEREAS, Richard Fey did not activate the special use and mining permit by meeting the conditions outlined in Resolution 95- 09 until February 8, 1996, and said permit will expire on February 22, 1996; and WHEREAS, the City Council of the City of Sebastian, Florida has fully considered the request to extend the Resolution and permit 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 considering follows: (1) 1. FINDINGS OF FACT. The City Council, after the evidence presented at the hearing, finds as Granting an extension to the 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 if the applicant complies with all the conditions of this Resolution and the Sebastian City Code. (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 February 8, 1996. SECTION .~. &PPROVAL: The City of Sebastian hereby approves an extension of this Resolution and for the 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 district and the subject property address is Old Dixie Highway. The permit is for a one (1) year period commencing on February 8, 1996 and terminating on February 7, 1997. SECTION 3. ENGINEERING DRAWINGS: 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 2 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 were approved for removal. 14,105 cubic yards have been removed. 23,873 cubic yards are available for removal as of January 12, 1996. (3) Time table of mining activity: One (1) year from February 8, 1996. (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 has submitted a written safety and security plan to the Development Director for his approval commencement of the sand mining operation. Community prior to 3 Restoration plan: (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. BECTION 4. ADDITIONAL CONDITIONS: The landowner, in order to conduct the special use of sand mining on the property described in this Resolution and maintain 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-§.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 has delivered 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 to the north of the site to 512 as its access route to the site. The landowner has obtained approval from Indian River County to have access to Old Dixie Highway to conduct a sandmining operation. (6) The landowner has provided a certificate of deposit 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 certificate of deposit in the amount of $5,630.00 to the City of Sebastian for restoration of the project area when the mining operation terminates. (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 1, 1996, a written 5.30(d) (4) Sebastian. report in accordance with Section 20A- of the Land Development Code of the City of The landowner shall submit to the City a 5 survey under seal of a Florida Registered Land Surveyor six (6) months from the date of this Resolution which will display the topography of the site. The survey shall locate points at fifty (50) foot intervals at the site to insure compliance with this Resolution and the City Code. In the event the survey reveals the applicant cannot comply with his restoration plan by excavating 23,873 cubic yards, the applicant shall present to the City for approval a plan which will permit the removal of more cubic yards to accomplish the purpose of the restoration plan. (9) The landowner in the operation of the sand mining facility shall be bound by the conditions of this Resolution, the permit conditions, the Sebastian City Code and the Engineering Drawings as modified by this Resolution. (10) The City shall have the right during the permit period to enter the project site for the purpose of inspection. Upon the finding of noncompliance with any provision of the Land Development Code, this Resolution or the permit, the City building official shall notify the landowner in writing of the noncompliance. Unless an immediate safety hazard exists, the landowner shall be given five (5) working days to correct the violation, after which time the permit shall be suspended if the violation is not corrected. In cases where a violation of a section of 6 the Land Development Code, a condition in this Resolution or the permit conditions poses an immediate threat to life and property, as determined by the City building official, the permit shall be suspended and the landowner shall be immediately notified of the suspension and of his duty to begin immediate mitigation and correction of the hazard. If such mitigation and correction does not progress to the satisfaction of the building official, the City shall have the right to make all necessary corrections at the applicant's expense. SECTION 6. EXCEPTION: The City of Sebastian hereby grants an exception to the 150 foot setback requirement under Section 20A- 5.30(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 approving 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. Ail 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 Councilmember by Councilmember foregoing ~on was moved for adoption by . The motion was seconded into a vote, the vote was as follows: and, upon being put Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Louise R. Cartwright Councilmember Ray Halloran The Mayor thereupon declared this Resolution duly passed and adopted this /~ day of ~ , 1996. Arthur L. Firtion, Mayor Kathryn~,- O~Hallor~] CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClellan,, Jr. City Attorney A portion Government Lot 1, Section 7, Township 31 South, Range 39 East, more particularly described as follows: Commen~ing at the Southwest corner of said Government lot 1, run North 01 degrees 09' 38" East along the West line of said Government Lot 1, 185.12 feet to the Point of Beginning. From the Point of Beginning, continue North 01 degrees 09' 38" East, 149.22 feet; thence south 89 degrees 11' 00" East, 107.46 feet to the West line of Old Dixie Highway; thence South 20" 34' 17" East, along said West Line, 125.00 feet; thence South 69 degrees 25' 43" West, 90.00 feet; thence North 89 degrees 11' 00'° West 70.14 feet to the Point of Beginning. Ail of the above situate in Indian River County, Florida.