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HomeMy WebLinkAbout4/27/1988SPECIAL MEETING Wednesday, April 27, 1988 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, April 27, 1988, at 9:30 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Also present were Charles P. Balczun, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. PUBLIC HEARING - PROPOSED SAND MINING ORDINANCE The hour of 9:30 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: APR 27 1988 Boor 72 U'E 238 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of ,f-711&40,4"01.4;ti in the lished in said newspaper in the issues of 7 lfif Court, was pub - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed bforerDe this / day of ,t� A D 19 ft (SEAL) (Bu 'gess Manager) (Clerk of the Circuit Court, Inddafi River County, Florida) NOTICE OF PUBLIC HEARING TO CONSIDER THE • ADOPTION OF A COUNTY ORDINANCE q Notice is hereby given that the Board oft County orida, shall hold a publmissioners ic hearing Indian River 'Countw at which panni ties In andtunny to Interestbeheardc Intheshall County Commhave an issior0i Chambers of the County Adminstratlon Building. located at -1840 25th Street, Vero Beach, Florida; on Wednesday, AO. 27, 1988, at 9:30 A.M. ' - consider the adoption—a an OFdinance entitled:, AN. ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA, REPEALING SEC- TION 25(r), MINING AND EXCAVATION, APPENDIX A, ZONING, INDIAN RIVER COUNTY CODE OF LAWS AND ORDI- NANCES; CREATING A NEW -SECTION 25(r), .: EXCAVATION AND: : MINING; PROVIDING ' FOR PURPOSE; PROVID- ING FOR DEFINITIONS; SPECIFYING PROHIBITED ACTIVITIES: PROVIDING FOR PERMIT EXEMPTIONS: PROVID ING WATER MANAGEMENT REGULA- TIONS FOR ' EXCAVATED LAKES; PROVIDING FOR MINING PERMIT REGULATIONS; ESTABLISHING CRI-, TERIA FOR HAULING FILL ON PUBLIC AND PRIVATE ROADS; PROVIDING FOR• FEES; PROVIDING FOR DURA- TION AND COMPLETION OF PERMITS;` PROVIDING FOR INSPECTION AND REVOCATION OF PERMITS; PROVID- ING FOR APPEAL: PROVIDING FOR PENALTIES AND ENFORCEMENT; AMENDING SECTION 25.1(t) OF THE ZONING CODE; AND PROVIDING FOR CODIFICATION, SEVERABILITY, . AND EFFECTIVE DATE A'copy of the,pprrbposed•ordinance Is evatlab at the Planning Department office on the floor of the County Administration Building. Anyone who may wish to appeal any decfalbni which may be made at this meeting win need tO ensure that a verbatim record of the proceedngsl is made which includes the testimony and dente upon which the appeal wilt be based. Indian River County Board of County Commissioners By -s -Don C. Scurlock, Jr. April 7;1988 Michael Miller, Chief of Environmental Planning, reviewed the following changes in the proposed ordinance that were identified during the Public Hearing of March 22, 1988: Mining Ordinance Major Changes 1) Average minimum elevation of 25 feet on coastal sand ridge. 2) Water management standards (littoral zones). 3) Mining in residential and commercial zoning districts. 4) Expansion of bonding requirement. APR 2 7 1988 2 BOY . 0 2 . E 239 Abe Kreitman, a hydrogeologist in the firm of Geraghty & Miller, Inc. of Palm Beach Gardens, continued his presentation from the meeting of March 22, 1988. He again presented his opinions and objections to the 25 ft. average mean level on the coastal sand ridge. He maintained that the 25 -ft. figure is arbitrary, capricious, and subjective, and that some parts of the ordinance are too vague while some parts are too detailed and specific. With regard to the 25 -ft. minimum elevation on the coastal sand ridge, Mr. Kreitman stated he was not here to debate the issue, but was here to give the Board the benefit of his expertise on the subject. He felt that the proposed ordinance as it reads now needs a significant amount of work, and urged the Board not to pass it today. Commissioner Bird stressed that the Board is here today to. hear specific objections to the ordinance. He stated that Mr. Kreitman had convinced him at the last meeting that the weight of the sand on the sand ridge does not keep out salt water intrusion; however, it would seem to make some sense that sand is an excellent filter. He asked what amount of sand is generally accepted as being adequate to filter the water before it reaches the shallow aquifer. Mr. Kreitman explained that the value of the sand ridge as a water resource benefit comes from the fact that it is quite permeable and filters rain water quite quickly, as opposed to the area east of the sand ridge where the water runs off. The Chairman asked Mr. Kreitman to please answer Commissioner Bird's question before going off on another facet of stormwater run-off. The question is whether an amount of sand over the aquifer has some benefit. Mr. Kreitman stated that the only benefit from the sand over the aquifer is to filter out cigarettes and leaves. The answer to Commissioner Bird's question is "no". In regard to the depths of "real estate" lakes, Mr. Kreitman advised that he and other experts maintain that the depth of the APR 2 7 1988 3 BOOK. 72 Da 240 lakes should be deeper rather than shallower. He admitted that water quality is always a consideration, but whether you like it or not, Mother Nature will control what vegetation will grow there. Mr. Kreitman had some very serious problems about the depth limitation with regard to the littoral zone, but stated that his opinions are his own. One of his main concerns is that such a lake will attract children and there is a danger of a child falling in and becoming entangled in underwater growth. Mr. Kreitman felt that when we consider the littoral zone, we must first determine what vegetation will grow there. That needs to be studied and justified to some greater extent. Chairman Scurlock believed that subject was covered pretty thoroughly during the meeting of March 22, 1988. Commissioner Bird appreciated Mr. Kreitman's expertise and opinions in this matter, but felt that this ordinance has to be what is generally accepted and cannot be that specific. Mr. Kreitman concluded his presentation by reiterating that some parts of the ordinance are vague and arbitrary and some are too detailed. He, therefore, felt that it has not been shown that this ordinance is reasonable, and believed it still needs significant work. Dr. Henry Fischer of Sebastian felt that the 25 -ft. average - mean figure is a type of voodobconservation since the sand ridge is not the primary recharger in Indian River County, as commonly believed. The primary recharger in this county is to the northwest, and he believed the County should be purchasing and preserving hundreds of acres in that area, instead of requiring trees to be planted on the sand ridge. Mr. Kreitman backed up Dr. Fischer's statement about the primary recharger. Commissioner Bowman asked to which aquifer Mr. Kreitman was referring, the shallow or the deep, and Mr. Kreitman answered that it was the Ocala/Orlando aquifer. 4 APR 271988 No F I Dr. Fischer believed that he has been creating excellent littoral zones in the lakes he has dug by having mounds in the middle of the lakes, etc. He was concerned that Mr. Kreitman's remark that there is no salt water intrusion in the southern portion of Florida was received with skepticism by the Commission. Jim Frazee, chief hydrologist with the St. Johns River Water Management District, wondered why we have a sand ridge if it is so totally useless. He felt the 25 -ft. requirement is a compromise position, and explained that the Water District uses it because it allows the county to have development, real estate lakes, and the borrow which is needed for many projects. He emphasized that the Water District is not a conservation agency, it is a management agency; it uses the 25 -ft. figure as a guideline. It is not a standard, and it is not set in stone. Lengthy discussion ensued about having all the larger mines permitted by the Water District and having the small mines with thresholds of 12 acres or less continue to have their permits reviewed by the County. Most everyone seemed to like that idea. Fred Mensing of Roseland questioned the 25 -ft. figure, and Mr. Frazee explained that you could dig a substantial pit especially in the Wabasso area with the cross sections there. Carol Fall, also with the St. Johns River Water Management District, explained that the Water District recommends a maximum of 12 feet for the overall depths of the lakes resulting from mining operations in order to prevent a condition at the bottom of the pond where there is no oxygen and which greatly reduces the stormwater treatment. Robert Keating, Director of Planning & Development, pointed out that these lakes are not for the purpose of stormwater basins since they have no outlet, but Ms. Fall explained that after a while some residential developers want to work these lakes into their stormwater run-off system. One of the things the Water 5 APR 27 198 BOO 7 �'$ lE 242 District likes to see is the mounds or littoral zones in the middle of the lakes which benefit fish life. Mr. Frazee pointed out that borrow lakes along 1-95 make for good fishing because of the artesian wells, and because they have a very high percentage of dissolved oxygen. Tom Lockwood of Vero Beach questioned the need for the 150 -ft. setback requirement, and Director Keating advised that the setbacks are taken away from adjacent property lines and not from mine phases, where each phase is continuous. Mr. Lockwood suggested that the setback requirement be addressed at the very beginning with the mining ordinance instead of having to come back again at site plan submittal. Chairman Scurlock felt he would like to leave the setback requirements in the ordinance and have it addressed through the site plan submittal also. Fred Mensing of Roseland asked about someone wanting to build a swimming pool in their backyard, and Director Keating explained that an owner of a single family residence is allowed to haul away 1000 feet of fill if he obtains a permit, the idea being not to allow a mining activity on a residential site. Steve Hall of Vero Beach and a member of the Association of General Contractors questioned the theory that only dump trucks have an impact on roads. He asked how the 1/4 -mile radius was determined. Public Works Director Jim Davis explained that staff determines where the actual haul -away site is and where the traffic is occurring, and draws the 1/4 mile radius from that point. Chairman Scurlock asked if they are paying for that now through impact fees or gas taxes, and Director Davis advised that impact fees are not for maintenance, and the gas tax funds really aren't sufficient to pay for proper maintenance. 6 APP 27 1988 not 7? {'C243 Chairman Scurlock felt that to be consistent and fair, we should consider all heavy trucking, such as citrus haulers and cement trucks. Director Davis noted that citrus trucks weigh about 62,000 pounds when fully loaded. He also pointed out that mining operations usually take place on roads that are not being used by any other type of facility. However, he felt that some of the language in the ordinance could be changed to say that the road will be checked, and if it was found that extensive damage was occurring within this radius, the requirement for a road damage bond would kick in. There are certain mines in this county which have had heavy impact on some roads, such as Lindsey Road. A road is designed to carry an average of 18,000 axle loads, and when you exceed that, you reduce the life of that road. Director Keating felt that if the Board wants to take the 1/4 -mile radius out of the ordinance, we could probably take out the compliance bond also. The Commission indicated that would be acceptable to them. Mr. Hall next questioned the requirements for restoration bonds, and felt the Board could reduce the amounts, but the Board indicated that they did not wish to change the restoration bond requirements. Charley Price, owner of a large mine next to the county line on 1-95, had a problem with the size of the excavation area, because although he owns a 40 -acre tract of land, he is only able to get 11.9 acres of excavation. Director Keating suggested changing the ordinance so that the bond is required for the excavation area only, and specify that the restoration bond will be $1,000 per acre of excavation. Mr. Price then pointed out that although he does not own any trucks, he would be subject to forfeiture of his compliance bond for road damage. After considerable discussion, Attorney Vitunac advised that the ordinance could be changed to read "chargeable to the permit 7 APR 2 " 1988 Boor 72 a ,� holder." The Board indicated their agreement to the proposed change. Dr. Fischer suggested that the ordinance require all haulers to have the name of the trucking company prominently displayed on all trucks servicing mining operations, and the Commissioners indicated their agreement to this change also. Duncan Powell of the Florida Fresh Water & Fish Commission gave a lengthy presentation and presented the following recommendations: Taking the fisheries, wading bird, water fowl and water quality elements and realizing that fill needs for Indian River County must be met the following is recommended to be included into the mining ordinance: Include: 1. 30 percent of the created water body should be less than six feet deep. 2. 70 , =:t of the created water body should be less than eighteen feet deep. 3. Establishment of a vegetated littoral zone in all waters less than or equal to six feet deep. 4. Side slopes from 0 to -6 feet should not be steeper than 6H:1V. 5. All water depths to be determined from a normal water level. The Board seemed not to accept Mr. Powell's recommendations, and Mr. Powell stressed that there are oxygen problems below 20 feet of depth. Commissioner Bird asked Mr. Miller how these recommendations relate or compare to what is proposed in our ordinance, and Mr. Miller referred to the following charts: 8 APR 27 1988 Boor 72 rnE 245 6 U 6La'E ' S rrr RAL . E.pnfE TO. Z Mt FEET BELow WA730. 20 &RV Srts 975' x /OQD! 45Stms W)'rzA -Maur IS 3IT Brow Exis7714.a1-Cr&ou"t 1►9AX,Mur* DEP111 = 40 Fr BELow EXiS77*S3- G -Ell ifvarint 5U*PA L.iTToseiv- ZeHE EDGE OP OSPREt 1 c4:1 3 5 -► . . 2'/t P? BELOW--�> WA7E7C 3:1 105' 3:1 lAsrAmtrr 1-Y7-ic1P_I►L Z.aNE '-4:1 To Z FT BEZAnr Monet PER ST -Serail VALVE OF SP1/45 1.-05T TO• Pi wiDE A 6=! SLOPE LeTTaF+pL dMJ_ 1•) 1.15s SAt4 A.T $3. Z/cualc web 2) ..cesrRaO or 268 s.F. 41ZSA /s 51.25 Fr. Runt 6'7:16E' aF totnEk 3) PERMUTE72 or GE74.1rRo1A a (553.5*553.5 t 428.5 • 4213.5) _ /961- Fr. sfs, ycuana of SAuZ . (/464 rz x 26-8 S.F) _ /9, 445 c4814 YRredS 5) VALEE /}T 13. Z/GUBK. WWI ® .1173, /06 6) 7-077f L. VO6.urtaS OF SAND Av40-ABLE '.nmou-r 1-i rrrFt/gL aokfq s 4 , 4e i 7.)Vol.ume 1.6 r / 9 44S (-rpm_ V .Urf E I9' CABLE) y (406, 491 ) = O• 05 7c /oat _ $'g 20' 70 2 %2 Fr& r BEZ.ow WF -2 t ttJB1G eoAVG'*1icA1 .. mp, cit. Ai )'t 1/414_40. 20 )(JE 5 /'E YeRes Akscn'rif7 : a913. ?s Pei2 c Veit )'* A b) 3: / 5 SDE LOPES 4i -c- p,4cuwit �) /5 sckfmaa FEET aP L:1T rcQi4L vE Foil Sic -111 L 1 NE/4 IQ Facer cF SHor.FL/NE "%ix/Imxit 44074, 40 SO APR 27 1988 ToTAL. VOL.11mE OF SANDS C.)1 / S(0 o0o 330, c 4/ 3, 000 4c( /, coo 9 13.2/c.Y. $6 q7 Sao Z37,5co 1, 548) 750 .1Yf, 8+1,25o 4101-L1112S L-osT comPPRe, -rt) 50 F7 ,?)M, Dalai 1, /43, 75o 60 3, 750 Z qz) 5coo 7I2 `4G Director Keating felt that what we have in the ordinance is a compromise, and Chairman Scurlock preferred to go with a compromise. He suggested that this meeting be continued at a later date in order to allow staff to go over today's input and incorporate the changes discussed into the ordinance. The Board agreed to continue the Public Hearing at the Regular Meeting of May 17, 1988, at 9:05*o'clock A.M. and adopt the ordinance at that time. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:10 o'clock P.M. ATTEST: mZr� W'L f Clerk Chairman 10 APR 2 `r 1988 BOOK 72 f PA 247