HomeMy WebLinkAboutR-96-66
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RESOLUTION NO. R-96-66
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 HENRY FISCHER & SONS FOR THE
MORCHESKY PROPERTY CONSISTING OF 10.41 ACRES, MORE OR
LESS AND LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF
SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; 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, Henry Fischer & Sons has applied for a special use
permit for the mining of sand and soil materials for a tract of
land owned by Janee Morchesky and located in the City of Sebastian,
Indian River County, Florida; and
WHEREAS, the Planning and Zoning Commission held a public
hearing regarding this application on August 1, 1996, and
recommended approval of the special use permit for the mining of
sand and soil materials; and
WHEREAS, 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 to
afford the input of comments and evidence from all interested
persons, citizens, and affected people; 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
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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 mining of sand and soil materials,
is consistent with the purpose and intent of the zoning district
where the Applicant's property that is the subject of the special
use permit is located and is similar in nature and compatible with
the uses allowed in that zoning district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
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 Henry Fischer & Sons for property owned by
Janee Morchesky located on a parcel of land situated in a portion
of the northeast quarter of Section 7, Township 31 South, Range 39
East, Indian River County, Florida being more particularly
described as follows:
The north half, of the south half, of the northwest
quarter of the said northeast quarter of Section 7, and
the north half of the south half of the northeast quarter
of the said northeast quarter of section 7, all lying
west of the westerly right-of-way line of Old Dixie
Highway,
is granted subject to the requirements and conditions contained in
this resolution.
Section 2.
CONDITIONS OF APPROVAL.
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 as described
by Mosby and Associates, Inc. Job No. 96-262 on Sheet 1 of 2,
2
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General Notes and Certifications dated July 8, 1996 and Sheet 2 of
2, Excavation Plan dated July 8, 1996, 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:
A. A record drawing shall be provided to the Community
Development Department at the completion of the project
with the information required in Section 20A-S.36(b) of
the Land Development Code.
B. A copy of the mining permit shall be maintained on the
site during the entire permit period and shall be visible
at the location designated in the site plan.
C. A variance be received from the Board of Adjustment for
the setback from the west, north and east property lines.
D. The applicant shall provide an annual progress report on
or before April 1, 1997.
E. 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-S.19 through 20A-S.4S, inclusive, of the
Land Development Code.
F. Compliance and restoration bonds shall be provided to the
City of Sebastian in a form and for such amounts,
acceptable to the City Manager per Section 20A-S. 30 (e) of
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,
the Land Development Code.
G. All truck traffic entering and leaving the Morchesky site
will utilize only the northern improved section of Old
Dixie Highway. No truck traffic will be permitted to
leave the site to the south portion of Old Dixie Highway
under any circumstances.
H. Applicant to follow all specifications as outlined under
"General Notes for Sand Mining Operation" on Page 1 of 2
General Notes and Certifications, Mosby and Associates
Job No. 96-262 dated July 8, 1996.
Section 3. EXCEPTION. The City of Sebastian hereby
grants an exception to the 150 foot setback requirement on the
south property line as provided for in Section 20A-S.30(c)(2) and
20A-S.30(d)(S) of the Land Development Code.
Section 4. 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 5. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 6. 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
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such invalid or unconstitutional provision.
It shall be further
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 7.
EFFECTIVE DATE.
This Resolution shall take
effect immediately upon its adoption.
conn"~~..:::.gOi0~;,:~::
by Councilmember ~~
a vote, the vote was as follows:
was
moved for adoption by
The motion was seconded
and, upon being put to
Mayor Louise R. Cartwright
Vice Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard Taracka
f
.
"".- --
declared this Resolution duly passed and
of df'-~j , 1996.
CITY OF SEBASTIAN, FLORIDA
BY:~R~
L uise R. CartwrJ.ght, Mayor
The Mayor thereupon
adopted this ,?ti day
CMC/AAE
(SEAL)
Approved as to Form and Content:
~00~'~~.
Valerie Settles
City Attorney
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