HomeMy WebLinkAboutR-96-33RESOLUTION NO. R-96-33
A RESOLUTION OF THE CITY OF SEBASTIAN, 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 TO HAROLD
ADAMS FOR THE HARBOR POINT SUBDIVISION PROJECT SITE
LOCATED ON LOTS 1-16 OF BLOCK 510, LOTS 1-21 OF
BLOCK 512, AND TRACT A, ALL IA)CATED IN SEBASTIAN
HIGHLANDS UNIT 16 AND CONSISTING OF APPROXIMATELY
18.72 ACRES; 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 FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, H. D. Adams Enterprises, Inc. was granted
preliminary plat approval for a major subdivision in the City
of Sebastian known as "Harbor Point" on March 13, 1996; and
WHEREAS, the construction of this subdivision will
require the removal of excess sand and soil materials
totaling approximately 15,000 cubic yards; and
WHEREAS, Harold Adams has applied for a special use
permit for the removal of sand and soil materials from
the Harbor Point Subdivision project site, specifically
located on Lots 1 through 16 of Block 510, Lots 1 through 21
of Block 512 and Tract A, all located in Sebastian Highlands
Unit 16 in the City of Sebastian, Indian River County,
Florida; and
WHEREAS, the Planning and Zoning Commission held a
public hearing regarding this application on April 4, 1996,
and recommended approval of the special use permit for the
mining of sand and soil materials; and
#HEREAS, the City Council has considered the
recommendations and comments of the Planning and Zoning
Commission and the city staff; and
WHEREAS, 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 Sebatian to afford
the input of comments and evidence from all interested
persons, citizens and affected persons; and
WHEREAS, 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
WHEREAS, the City Council has determined that the use
requested by the Applicant, the removal of sand and soil
materials, is necessary for the development of the approved
preliminary plat which is consistent with the purpose and
intent of the zoning district in which the property lies; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as
follows:
Section 1. SPECIAL USE PERMIT. The application for
the issuance of a special use permit for the mining of sand
and soil materials submitted by Harold Adams for the real
property located on Lots 1 through 16 of Block 510, Lots 1
2
through 21 of Block 512 and Tract A, all located in Sebastian
Highlands Unit 16 in the City of Sebastian, Indian River
County, is granted subject to the requirements and conditions
contained in this Resolution.
Section 2. CONDITIONS OF APPROVAL AND CONTINUATION
OF THE SPECIAL USE PERMIT. The approval by City Council of
the special use permit for the mining of sand and soil
materials that is the subject of this Resolution and the
continuation of such special use permit until its expiration
as provided for in the Resolution is conditioned on the
continuous satisfaction of, and compliance with, the
following requirements by the Applicant or its successors
and assigns:
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-5.45,
inclusive, of the Land Development Code.
The providing of compliance and restoration bonds to
the City of Sebastian in a form, and for such
amounts, acceptable to the City Manager per Section
20A-5.30(e).
The requirement of a Type A or natural landscaping
buffer/screening in accordance with Section 20A-5.30
(c)(5) will not be necessary as the site is abutting
a canal on three sides and a PUD-C zoning district
on the remaining side. This is further supported by
the applicant's acknowledgment that this permit is
for the removal of excess sand and soil materials
required for the development of an approved
preliminary plat and is not a commercial mining
operation.
D. Permitted hours of operation shall be weekdays
between 7:00 a.m. and 5:00 p.m.
E. Should the mining operation extend beyond October 1,
1996, the applicant will submit a progress report to
the City pursuant to Section 20A-5.30(d)(4).
Section 3. EXPIRATION OF THE SPECIAL USE PERMIT.
The special use permit granted to the Applicant pursuant to
this Resolution is for a one (1) year period, commencing on
the date this Resolution is approved and terminating one (1)
year from such date of adoption.
Section 4. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. 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 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.
Section 6. 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 ~/~. ~~_ and, upon being put to
a vote, the vote was as follows:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Richard Taracka
Councilmember Raymond Halloran
The Mayor thereupon declared this Resolution duly passed
,/
and adopted this ~ day of ~~ , 1996.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
-~ ~ ~ ~at~r¥~ Mi, ~}H~lloran, CMC/AAE
-- -' -City. Clerk~_~
~ -, (sEAL) .-.~S
.ApproVed"as to Form and Content:
Ca--or
Clifton A. McClelland, Jr.
City Attorney