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HomeMy WebLinkAboutR-98-11 . . " A RESOLUTION OF THE CITY F SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTIN A SPECIAL USE PERMIT AND MINING PERMIT TO MR. HARO D ADAMS FOR A SAND MINE AT THE COLLIER CREE ESTATES SUBDIVISION; PROVIDING FOR REPEAL OF SOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT EREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Harold Adams has pplied for a special use permit for a sand mine to excavate stormwater management lak s at Collier Creek Estates; and WHEREAS, the Planning and Zonin Commission has reviewed the application for the special use pennit and has found hat the proposed sand mine will not be detrimental to the public safety, health, or welfare nor will it be injurious within the immediate vicinity in which the property is 10 ated and that the proposed use is consistent with the purpose and intent of the RS-IO oning district and is similar in nature and compatible with uses allowed in theRS-I 0 zo . ng district; and WHEREAS, the Planning and Zoni g Commission has recommend to the City Council that the Council approve the app ication for a sand mine to excavate the stormwater lakes at Collier Creek Estates wit conditions; and NOW, THEREFORE, BE IT RES LVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN R COUNTY, FLOIRDA, AS FOLLOWS: SECTION 1. FINDINGS. The Ci y of Sebastian finds that the proposed sand mine will not be detrimental to the public safi ty, health, or welfare nor will it be injurious within the immediate vicinity in which the pr perty is located and that the proposed use is consistent with the purpose and intent of the S-10 zoning district and is similar in nature and compatible with uses allowed in the RS-I zoning district. SECTION 2. APPROVAL. The Ci y Council of the City of Sebastian approves the special use permit for a sand mine at Collier Creek Estates with the following conditions: 1. The mining shall be consistent wi and shall be limited to the lakes shown on the construction drawings for Collier reek Estates. 2. The lakes shall not be excavated below the elevations shown on the construction drawings for Collier Creek Estate . 3. The property to be excavated shal be posted for no trespassing. 4. The hours of removal of the fill hall be 7:00 AM to 5:00 PM Monday through Friday. 5. The storage of any material on s te shall be managed to prevent water and wind erosion and sedimentation. 6. The access points onto city owne streets shall be approved by the City Engineer prior to use. Mats, culverts, ps, or paved drives shall be placed at the entrances and/or exists in such p sition that the pavement edges, shoulders, curbs, and sidewalks will be protected fr m damage as determined by the City Engineer. 7. If damage occurs at the access p 'nts to a city, county, or state road, the applicant shall be responsible for the repair. The City reserves the right to suspend mining operations until the repairs ha e been completed to the satisfaction of the applicable governing body. 8. The applicant shall insure that w en all vehicles hauling fill leave the site shall be covered in a manner to prevent sp'llage to the satisfaction of the City Engineer. 9. The applicant shall insure that w en all hauling trucks leave the site they have the trucking company name, maili address, and telephone number prominently displayed on both sides of the ve . cle in letters at least three inches in height and in a color contrasting with the color of the truck. 10. All mining shall be phased in ac ordance with the approved preliminary plat for Collier Creek Estates. 11. A compliance and completion bo d shall be posted for each phase of the project. 12. Permit approval shall be subject 0 an agreement between the developer and City Engineer relative to issues addr ssed in her memo dated March 5, 1998 and if there is any disagreement it be br ught back to Council.. 12. Permit approval shall be subject to an agreement between the developer and City Engineer relative to issues addr ssed in her memo dated March 5, 1998 and if there is any disagreement it be br ught back to Council.. Section 2. hereby repealed. CONFLICT. All res lutions or parts of resolutions in conflict are Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. The ~oing Resolution It:i!:rsJr . Mayor Walter W. Barnes Vice-Mayor Richard 1. Taracka Councilmember Loiuse R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan was mov d for adoption by Councilmember The mot on was seconded by Councilmember and, upon be'ng put to a vote, the vote was as follows: ~ ~YO. r thereupon declared this esolution duly passed and adopted this Ji.fl.- day of C~, 1998. CITY OF SEBASTIAN, FLORIDA By: \}Jo Q~ 1/J 16~ Walter W, Barnes, Mayor - ATTEST: ~~J1J ()<tld~ Kathryn . O'Halloran, CMC/ AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney