Melbourne City Council August 11, 2015 City Managers Agenda
Report DEPARTMENT:Reading No.1 COMMUNITY DEVELOPMENTPublic
HearingYes Disclosure RequiredYes Item No.19 SUBJ ECT Ordinance No.
2015-33, Conditional Use Request (CU-2015-05) with Site Plan
Approval (SP-2015-07) Eau Gallie River Restoration Dredging Project
BACKGROUND/CONSIDERATION This is the first reading of an ordinance
for conditional use and site plan approval to allow landfill
operations on 91.17acres zoned M-1 and C-M-1.The north parcel will
be a temporary (3-year) landfill for the Eau Gallie River
Restoration Dredging Project, on 53.17acres and the south parcel
will be a permanent landfill on 33.40acres, tied to the closing of
the main Brevard County landfill.All of the property is owned by
Brevard County. The St. J ohns River Water Management District (SJ
RWMD) plans to dredge muck sediments from
theEauGallieRiverandElbowCreek,pumpthosesedimentstoatemporarydredgedmaterial
managementarea(northparcel),andrelocatethedewateredcleanfilltoapermanentlocation
(south parcel) at the southeast corner of the Brevard County
landfill property. The applicant is providing a 100-foot wide
heavily vegetated landscape area along the east side of the dredged
material management area (north parcel). This area, combined with
the adjacent 50-foot-wide unimproved Porcella Avenue right-of-way,
provides a minimum of 150 feet of separation from the adjacent
multi-family residential property (and further from the actual
residential structures).All other adjacent properties are zoned M-1
(Industrial) except the vacant County land to the north, zoned C-P
(Commercial Parkway)
TwocitizensspokeduringthepublichearingportionofthePlanningandZoningBoardmeeting,
expressing concerns with the possibility that the 10-foot berm
would create flooding problems for the condominium property owners;
concerns about odor and dust that may be generated by the project;
and concerns regarding the increase in traffic on New York Avenue.
Followingreviewanddiscussion,thePlanningandZoningBoardvoted6to1torecommend
approval of this request at its J uly 16, 2015 meeting. FISCAL
IMPACT (IF APPLICABLE) N/A REQUESTED ACTION
RecommendapprovalofOrdinanceNo.2015-33,basedonthefindingsandconditions
contained in the Planning and Zoning Board memorandum. Page 499
Item No. 19 MEMORANDUM TO:Michael A. McNees, City Manager Community
Development Department THRU:Cindy Dittmer, AICP, Community
Development Director FROM:Cheryl A. Dean, AICP, Planning Manager
RE:Conditional Use Request (CU-2015-05) with Site Plan Approval
(SP-2015-07) Eau Gallie River Restoration Dredging Project DATE:J
uly 30, 2015 Owner/Applicant/Representative Brevard County Board of
Commissioners, Owner; St. J ohns River Water Management District,
Applicant; J onathan Armbruster, Taylor Engineering Inc.,
Representative Proposed Action Conditional Use Approval - The
applicant is requesting a conditional use to:
oAllowatemporary(3-year)landfillon53.17 acreszonedC-M-1(Light
Industrial) aka NORTH PARCEL; and oAllow a permanent landfill on
33.40acres zoned M-1 (Light Industrial) aka SOUTH PARCEL.
SitePlanApproval-Theapplicantisrequestingsiteplanapprovaltoallowthe
landfilloperationson91.17 acreszonedM-1andC-M-1(LightIndustrialwith
conditional use approval for recycling and a landfill). Location
The property is located west of Wickham Road, north of New York
Avenue, and south of Sarno Road, in Township 27, Range 36, Section
24. History
The91.17acresareundeveloped.Therearemultiplepropertiesassembledforthe
project: North Parcel Central Access Parcels South Parcel
Acreage:53.17acres4.58acres33.40acres Future Land Use:Heavy
CommercialIndustrialIndustrial Page 500 Item No. 19 North Parcel
Central Access Parcels South Parcel Zoning:M-1 / C-M-1C-M-1M-1
Previous Approvals:CU-1999-20CU-2009-06 SP-1999-18SP-2009-06N/A
Ord. No. 2000-16Ord. No. 2009-41 CU-1999-20: In 2000, a conditional
use was approved to allow a landfill and recycling facility on
28.26acres of the overall 53.17-acre property.That project never
moved forward and the site plan expired.
CU-2009-06:In2009,BrevardCountyreceivedConditionalUseapprovaltoallowa
9.8-acreexpansiontothe80.90acreexistingSolidWasteClassIIIlandfill.The
portion of the property utilized by this site is the existing
access drive that parallels the west side of the L-16 Canal.
Property/Adjacent Property Information The northern parcel is
located approximately 560feet south of the Sarno Road right-of-way.
To the East:Across Porcella Avenue (50 feet of unimproved
right-of-way), vacant
industrial,low-riseapartments,RidgewoodClubCondominiums, Westwood
Condominiums, and Wickham Village Apartments Zoning:M-1 and C-C-P
(Commercial Parkway) Land Use:Heavy Commercial and High Density
Residential To the
West:AcrossCortezStreetandtheL-16Canal(150feetofunimproved
right-of-way),FloridaRecyclersLandfillandtheBrevardCounty Landfill
Zoning:C-M-1 Land Use:Industrial To the North:Vacant county-owned
land (14.91acres) Zoning:C-P Land Use:Heavy Commercial To the
South:Across New York Avenue, warehouses and a child care facility
Zoning:M-1 Land Use:Industrial Purpose for Request TheSt.J
ohnsRiverWaterManagementDistrict(SJ RWMD)planstodredgemuck
sedimentsfromtheEauGallieRiverandElbowCreek,pumpthosesedimentstoa
temporary dredged material management area (NORTH PARCEL) on this
property, and
relocatethedewateredcleanfilltoapermanentlocation(SOUTHPARCEL)atthe
Page 501 Item No. 19southeast corner of the Brevard County landfill
property.The County may use this fill as capping material for their
existing Class III landfill located west of this project. According
to the project narrative provided by the applicant, the dredging is
necessary because the Eau Gallie River and Elbow Creek do not meet
their state-identified water
qualitystandardsClassIIIestuarinefishableswimmablewaters.Thedredging
projectisonepieceoftherestorationeffortsunderwaybytheCityofMelbourne,
SJ RWMD, and others to improve water quality in these water bodies.
Conditional Use/Site Plan Issues and Considerations
Theuseofthepropertyforthetemporarydredgedmaterialmanagementfacility
(NORTHPARCEL)fortheEauGallieRiverRestorationDredgingProjectrequiresa
conditional use approval within the M-1 zoning district as a
landfill, including a site plan indicating the area of the
operation.Additionally, a conditional use is necessary to allow for
the continued storage of clean fill on the SOUTH PARCEL after the
dredging project
iscomplete.CityCode,AppendixB,ArticleIX,Section5,establishesgeneral
standardstoconsiderwhenevaluatingthemeritsforconsideringaconditionaluse
permit request.
DredgedMaterialManagementOperations:Accordingtotheapplicant,thenorth
parcel will be used to dewater sediment dredged from the Eau Gallie
River and Elbow Creek. The sediment and water must be separated
before the sediment can be trucked through the central parcels to
the south parcel for permanent clean fill storage.Gravity will
provide the main method to separate sediment and water.
TheuseoftheNORTHPARCELasadredgematerialmanagementportionofthe
operationwillbetemporary,asthedredgedmaterialmanagementoperationsare
requiredtoberemovedandthepropertyrestoredtopre-constructionconditionsby
December 31, 2018. The clean fill sediments will be continually
stored on the SOUTH PARCEL for future use by Brevard County and a
conditional use for the landfill activities
willneedtobeinplace,withstipulationstoceaseatthetimetheadjacentBrevard
CountySarnoRoadClassIIIlandfill(CU-2009-06/Ordinance2009-41)ceases
operation. Public meetings process already held As identified in
the descriptive project narrative provided by the applicant, SJ
RWMD has been conducting and will continue to conduct a public
outreach program to develop and maintain public understanding of
the project, to build public trust, and to quickly resolve
stakeholderconcernandissues.SJ
RWMDhasprovidedalinkontheirwebsitefor
publicaccesstoprojectinformation.EGRET(EauGallieRiverEnvironmentis
Threatened) a coalition of concerned Melbourne residents who have
actively pursued local, state and federal support for the
responsible stewardship of the Eau Gallie River has been intimately
involved in the project since its inception. Public meetings were
first held at the feasibility study stage of the project.SJ RWMD
hosted a public presentation and questions and answer meeting
recently on J une 11, 2015, to present the project Page 502 Item
No. 19plansasdefinedinthepermitapplication.SJ
RWMDwillcontinuetoaddress
stakeholderinterestandconcernwithanexpandedwebsitepage,continued
coordinationwithEGRET,andasnecessary,additionalstakeholdercoordinationand
contacts. Site Plan: City Code, Appendix B, Article IX, Section 6,
establishes general standards to consider when evaluating the
merits for a site plan approval request. NORTH PARCEL
(53.17acres):The project requires the temporary construction of
twoponds,eachsurroundedbyanearthendikeapproximately10feetabovethe
current grade on the land. The purpose of the ponds is to receive
the dredged materials that will be piped in from the Eau Gallie
River and Elbow Creek.The ponds will be used
toseparatethewaterfromthesolidmaterials.Asthewaterisseparatedfromthe
solids, it will be pumped back to the Eau Gallie River and the
solids will be removed from the ponds and transported to the south
parcel for on-site containment. There is a 30-foot wide stabilized
perimeter road that encircles the two ponds, followed by a
perimeter drainage ditch and then secured with a six-foot tall
chain link fence.An equipment work area is provided at the north
and south ends of the two ponds.The project identifies a single
access point into the gated property via New York Avenue.A small,
360square foot field office trailer is proposed south and west of
the two ponds.The building addition is single-story and exceeds all
setback requirements of the M-1
zoningdistrict.Parkingisprovidedfortheemployeespersonalvehiclesandthe
parking/storage of the heavy equipment used during this time will
be located behind an opaque fenced area. Once the site is
constructed, heavy equipment will only be operating on the property
or on the existing stabilized road connecting the north parcel to
the south parcel.On the average day, approximately five employees
will be on-site, monitoring the progress of
theseparatingprocessandremovingthesolids,loadingthemintoheavydutytrucks
and transporting the solids, via an existing stabilized road in the
central access parcels,
tothesouthparcelforfinalstorageofthecleanfill.Noearth-movingorheavy
equipmentoperationswilloccurduringanynighttimehoursandstaffhasaddeda
condition to the recommendation that limits regular operations from
7 a.m. to 7 p.m. SOUTH PARCEL (33.40acres):Solids that have been
separated will be transported to the south parcel located at the
Brevard County Sarno Road Landfill property, where a
15-foot-tallcontainmentbermwillbeconstructedasthecleanfillstoragearea.This
location is proposed to permanently store the fill on-site.
Access:The applicant has identified that contractor mobilization
and demobilization of construction equipment to the site will
represent temporary increases in traffic at New York Avenue at the
beginning to construct the facility and end of the project (to
restore the site to pre-construction conditions. During project
operation, the majority of heavy
truckinganddredgedmaterialoffloadingactivitieswilloccurviaanon-publicaccess
Page 503 Item No.
19roadway(betweentheDMMAsiteandtheSarnoRoadlandfillsite)providedby
agreementwithBrevardCounty.Theprojectwillincludeconstructionofatemporary
roadway(withculvertstomaintainstormwaterconveyancecapacity)acrossthe
drainagecanalrunningalongthewestsideofthesite.Thisaccessroadwillallow
project operations to occur without significant impact to public
roadway traffic.
VegetativeBuffer:Theapplicantisprovidinga100-footwideheavilyvegetated
landscape area along the east side of the dredged material
management area (NORTH PARCEL). This area, combined with the
adjacent 50-foot-wide Porcella Avenue
right-of-way,providesaminimumof150feetofseparationfromtheadjacentmulti-family
residential property (and further from the actual residential
structures). Environmental Impact Anal ysis The applicant has
submitted an EIA, prepared by Taylor Engineering, dated J une
2015.The following is a summary of the property. Soils
Information:The report indicates a variety of soils are located in
the subject
areas.Twoofthesesoils,AncloteSandDepressionalandMyakkaSand
Depressional are generally found in association with wetland
communities.
GeologicalCommunitiesInformation:TheDMMAsiteandtheSarnoRoad
landfill site both lay within the St. J ohns River Plateau. Wetland
Habitat Information:The entire property contains a total of
3.02acres of wetlands. FloodplainandAqui
ferInformation:Thereportidentifiesthataportionofthe
DMMAsitelieswithinFloodZoneX.Thereportalsostatesthatnopartofthe
proposed project is identified as prime aquifer recharge area, as
defined by the City of Melbournes Comprehensive Plan. Wildlife
Habitat Information:The survey found that several listed species
(Eastern Indigo Snake, Gopher Tortoise, and Wood Stork) could
potentially be located within the subject areas.The applicant will
coordinate with U.S. Fish and Wildlife Service and the Florida Fish
and Wildlife Conservation Commission regarding any impacts to the
habitat of these species. As with all development projects, any
additional applicable permits will be required prior to
construction plan approval, if necessary. Concurrency
Transportation:Totalnewtripgenerationforthisprojectisestimatedtobe
approximately16tripsperdayviaaccessfromWickhamRoad(baseduponfive
employees).UndertheprovisionsofCityCode,theapplicantisresponsiblefor
providingonemobilityimprovementormakingapaymentinlieuofconstructingthe
improvement.However, on April 28, 2015, City Council adopted a
one-year extension Page 504 Item No. 19of a moratorium regarding
the provision of mobility improvements and the payment in
lieuofprovidingmobilityimprovements.Accordingly,iftheapplicantsubmitsthe
requiredmaterialswithintheone-yeartimeextensionspecifiedbythemoratorium
ordinance, the applicant will not be required to provide the above
referenced mobility improvements. Water and Sewer:No utilities are
proposed to be extended to the site; therefore water and sewer
concurrency will not apply for the project. JPA review Comments The
project is not located within the J oint Planning Agreement review
area. Summary
Thepurposeofthisprojectistoutilizeanareaofsuitablesizewiththezoning
necessary to occupy this temporary facility for the Eau Gallie
River Restoration Project.St. J ohns River Water Management
District has assembled a team of experts to design a temporary
facility that will minimize the impacts and buffer adjacent
properties.The
operationofthisfacilitywillberequiredtocomplywithallregulationsandstandards
relatingtoimpactsonthelivabilityandusabilityofnearbylanddueto:noise,dust,
fumes, smoke, glare from lights, late-night operations, odors,
truck and other delivery
trips,theamount,location,andnatureofanyoutsidedisplays,storage,oractivities,
potential for increased litter, and privacy and safety issues. Two
citizens spoke during the public hearing portion of the Planning
and Zoning Board
meeting,expressingconcernswiththepossibilitythatthe10-footbermwouldcreate
flooding problems for the condominium property owners; concerns
about odor and dust that may be generated by the project; and
concerns regarding the increase in traffic on New York Avenue.Staff
explained that the project would be required to go through the
constructionplanreviewprocess.Newdevelopmentisnotpermittedtocreateflood
issues,andisalsorequiredtoobtainpermitsthroughtheSt.J
ohnsRiverWater Management District and the Department of
Environmental Protection.
Followingreviewanddiscussion,thePlanningandZoningBoardvoted6to1to
recommend approval of this request at its J uly 16, 2015 meeting.
Recommendations Based on the findings contained in the Planning and
Zoning Board memorandum, for undeveloped property, located west of
Wickham Road, north of New York Avenue, and south of Sarno Road, in
Township 27, Range 36, Section 24, the Planning and Zoning Board
and the Community Development Department recommend:
A.APPROVAL of CU-2015-05, conditional use approval to:
1.Allowatemporary(3-year)landfillfortheEauGallieRiverRestoration
Dredging Project, on 53.17acres zoned C-M-1 aka NORTH PARCEL; and
Page 505 Item No. 192.Allowapermanentlandfillon33.40
acreszonedM-1akaSOUTH PARCEL. The conditional use is adopted
subject to SP-2015-07, attached to the conditional
useordinanceandthepreviouslyapprovedconditionaluseandsiteplan(CU-1999-20/SP-1999-18/Ordinance
No. 2000-16) are hereby repealed.
B.ApprovalofSP-2015-07,siteplantoallowthelandfilloperationson91.17acres,
subject to the three-sheet site plan, prepared by Taylor
Engineering, Inc., ProjectNumberC2013-036,withasigned andsealed
date ofJ uly1,2015,and subject to the following conditions:
(a)The53+-acreparcel(northparcel)maybeusedasatemporarylandfillto
dewatersedimentdredgedfromtheEauGallieRiverandElbowCreekas part of
the Eau Gallie River Restoration Dredging Project.The property must
be restored to its pre-construction conditions by December 31,
2018. (b)A permanent landfill is permitted on the 33+-acre parcel
(south parcel).
(c)SitePlanSP-2015-07depictedonthethree-sheetplanpreparedbyTaylor
Engineering, Inc., Project Number C2013-036, with a signed and
sealed date of J uly 1, 2015 for the 91+-acre property is approved
subject to the following conditions:
(1)Changestothesiteplanwillrequirere-evaluationbytheCitys
CommunityDevelopmentandEngineeringDepartments.Any substantial
change to the plan will require review and approval by City staff,
the Planning and Zoning Board, Local Planning Agency, and/or the
City Council, as applicable.A substantial change shall also include
any one or more of the following:
a.Continuedoperationofthetemporarydredgedmaterial
managementfacility,EauGallieRiverRestorationDredging Project, on
the north parcel beyond December 31, 2018. b.Any reduction in the
100-foot wide buffer located along the eastern boundary of the
north parcel dredging operation. c.Any expansion of the dredged
material management area beyond what is depicted on the site plan.
d.Continuedoperationofthecleanfillstorageonthesouthparcel
shallbepermittedconcurrentlywiththetimingoutlinedforthe
BrevardCountySarnoRoadClassIIIlandfillapprovedby Ordinance 2009-41.
Page 506 Item No.
19e.Anyreductioninthe100-footwidebufferidentifiedlocatedalong the
western boundary of the south parcel clean fill storage facility.
f.Any increase in height for the clean fill storage area on the
south parcelbeyondthe15foottallcontainmentberm,asidentifiedon Sheet
C-3, Section B-B of the site plan.
(2)A100-footwideopaque,vegetativebuffershallbeprovidedalongthe
easternboundaryofthedredgedmaterialmanagementareaonthe
northparcel.Theopaque,vegetativebufferwillbemaintained
throughoutthelengthoftheEauGallieRiverRestorationDredging
Project.Theapplicantmustcoordinatethedetailsoftheopaque, vegetative
buffer during the construction plan review process. (3)Hours of
operation. The hours of operation for any earth moving or any
otherheavyequipmentoperationsshallbeenforcedasdaylighthours but no
longer than 7:00 a.m. to 7:00 p.m. (4)Operation of all pumps will
meet the City of Melbourne Noise Ordinance requirements for land
use category C, with additional insulated screen
orothermeansofnoisedampeningasdeterminednecessarybyCity staff
during the construction plan review process.
(5)Asitrelatestocomplaintsmadebyadjacentcitizens/propertyowners,
the owner/operator of the landfill property shall provide upon
request of the City of Melbourne officials, (i) records of all
complaints with respect to odor, dust, noise and other nuisances,
and (ii) records of all actions taken by the owner/operator to
address and correct non-compliance with
monitoringstandards,andtoaddressandcorrectcomplaintswith respect to
odor, dust, noise and other nuisances. (6)The owner/operator of the
landfill property shall permit access by City of Melbourne
officials during reasonable business hours (8:30 a.m. 5:00
p.m.,MondaythroughFriday,Cityholidaysexcepted)todetermine
complianceofdredgedmaterialmanagementareaswithMelbourne Land
Development Regulations and Life Safety requirements.As used
herein, Land Development Regulations shall be defined as set forth
in section 316.3164, Florida Statutes (2010). (7)No dredge material
management or material storage shall be permitted
onthecentralaccessparcelslocatedbetweenthedredgedmaterial
managementareaandthepermanentstoragelocation,otherthanfor vehicles
and equipment to transfer materials between the two locations.
(8)The conditional use shall remain on the south parcel for the use
of the property for clean fill storage after the dredge project is
complete. The Page 507 Item No.
19maximumheightofthepermanentcleanfillstorageareashallnot exceed
the height of the containment berm, which is identified on the site
plan as 15 feet tall.
(9)Thesiteplanandconditionalusepermitwillexpiresimultaneouslyon J
anuary 1, 2019 for the north parcel.
(10)Thesiteplanandconditionaluseforthecleanfillsedimentstobe
continually stored on the south parcel will cease at the time the
adjacent
BrevardCountySarnoRoadClassIIIlandfill(CU-2009-06/Ordinance
2009-41) ceases operation. Page 508 Item No. 19City of Melbourne
Planning & Economic Development Department MEMORANDUM TO:Mayor
and Council FROM:Alan King, Chairman Planning and Zoning Board
RE:ConditionalUseRequest(CU-2015-05)withSitePlanApproval(SP-2015-07)
Eau Gallie River Restoration Dredging Project DATE:J uly 17, 2015
APPLICANT:St. J ohns River Water Management District, Applicant
REPRESENTATIVE:J onathan Armbruster, Taylor Engineering, Inc.
ThePlanningandZoningBoard,atitsregularlyscheduledmeetingofJ
uly16,2015, reviewed the above referenced conditional use with site
plan approval request. Two citizens spoke during the public hearing
portion of the Planning and Zoning Board meeting.The first
expressed concern with the possibility that the 10-foot berm would
createfloodingproblemsforthecondominiumpropertyowners.Thesecond,a
business owner, said he was concerned about the odor and dust that
will be generated by the project, as he has had problems with the
landfill in the past.He also expressed concern regarding the
increase in traffic on New York Avenue.Staff explained that new
developmentisnotpermittedtocreatefloodissues,andisalsorequiredtoobtain
permits through the St. J ohns River Water Management District and
the Department of Environmental Protection.
Followingreviewanddiscussion,thePlanningandZoningBoardvoted6to1to
recommend approval of CU-2015-05 to allow a temporary (three-year)
landfill on 53.17acres zoned C-M-1 (Light Industrial) aka NORTH
PARCEL; and to allow a permanent landfill on 33.40acres zoned M-1
(Light Industrial) aka SOUTH PARCEL; and SP-2015-07 for a site plan
to allow the landfill operations on 91.17acres, subject to the
three-sheet site plan, prepared by Taylor Engineering, Inc.,
Project Number C2013-036, with a signed and sealed date of J uly 1,
2015, with the following findings and conditions:
FindingsfortheConditionalUse(AppendixB,ArticleIX,Section5)andSitePlan
(Appendix B, Article IX, Section 6)
1.TherequestedConditionalUsetoallowatemporary(3-year)landfillon53.17acreszonedC-M-1(LightIndustrialwithaconditionalusetoallowapermanent
landfillon33.40acres)isconsistentwiththegoalsandobjectivesofthe
Page 509 Item No.
19ComprehensivePlanandwillassistintheimplementationofpolicieswithinthe
Comprehensive Plan. 2.Theproposedproject
isspecificallyconsistentwithConservationElementPolicy 1.11.4, which
states the City will continue to reduce the impacts of muck (ooze)
in the lagoon by dredging. 3.The proposal is also consistent with
Future Land Use Element Policy 1.16.7, which states the City shall
ensure the availability of dredge spoil disposal sites. 4.The
requested Conditional Use is consistent with the area's Industrial
and Heavy Commercial Future Land Use designations and the goals,
objectives, and policies
oftheCity'sComprehensivePlan.TheadoptedFutureLandUseMap(FLUM)
contains and identifies appropriate locations for the future land
use categories. The
maximumdensities/intensitiesforeachcategoryareidentifiedinthe
ComprehensivePlan.Thezoningmapandlanddevelopmentregulationsmay
impose more restrictive densities and intensities of development
based on height requirements, land coverage standards, setbacks,
minimum lot size requirements,
trafficandcirculationstandards,landscapingandbreezewayrequirements,and
other such dimensional and development criteria. 5.The site is
designated as Industrial and Heavy Commercial on the FLUM and is
zoned M-1.The M-1 zone permits a variety of industrial uses and a
landfill is a conditional use in this district. 6.The Conditional
Use must meet the requirements of City Code and therefore will not
have a detrimental effect on the surrounding area, public
facilities, and private, commercial and/or service facilities
available within the area.More specifically, the proposed project
should not cause depreciation of property values, or reduce the
safety, light, and general convenience of neighboring developments:
a.Theappearanceandfunctionoftheneighborhoodwillnotbesignificantly
lessenedduetotheproposedConditionalUsesincethesubjectsiteis located
in an industrial area and is adjacent to a Brevard County
landfill.The
requestedConditionalUseisforatemporarylandfill(threeyears)forthe
dredgingoperation.Thedredgedmaterialmanagementoperationswillbe
requiredtoberemovedandthepropertyrestoredtopre-construction
conditions by December 31, 2018. b.The application does not impact
the preservation of any city, state or federally designated
historic, scenic, archaeological, or cultural resources. Page 510
Item No.
19c.Theproposedprojectshouldnotchangethegeneralcharacterofthearea
sinceitislocatedinanindustrialareaandisadjacenttotheSarnoRoad
landfill. d.The application will not have significant adverse
impacts on the livability and usability of nearby land due to:
noise, dust, fumes, smoke, glare from lights,
late-nightoperations,odors,truckandotherdeliverytrips,theamount,
location, and nature of any outside displays, storage, or
activities, potential for
increasedlitter,andprivacyandsafetyissues.Inordertoensure
compatibility with nearby uses, staff has proposed the following
conditions in conjunction with site plan approval: a 100-foot wide
opaque, vegetative buffer along the eastern boundary of the DMMA
(NORTH PARCEL), a limitation on the hours of operation for earth
moving or other heavy equipment operations,
andarequirementthatallpumpsmustmeettheCitysnoiseordinance
requirements for land use category C. 7.Adequate transportation
facilities are in place to serve the subject property.The site has
direct access to Wickham Road via New York Avenue. 8.The proposed
Conditional Use is in compliance with the standards outlined in
City
Code,PartIII,LandDevelopmentRegulations,AppendixB,ArticleV,Section2
(useanddimensionalstandardstable)andAppendixB,ArticleIX,Section5
(Conditional Uses).
9.Theproposalwillallowasiteforthetreatmentandstorageofdredgedmaterial
from the Eau Gallie River and Elbow Creek.The dredging will
significantly improve the environmental quality of these water
bodies.Once the sediment and water are separated at the DMMA site,
the resulting clean fill will be permanently stored at the Brevard
County landfill property (southern portion of the subject site).
10.PerconditionsofapprovalfortheConditionalUse,themaximumheightofthe
permanent materialstorageareashallnot
exceedtheheightofthecontainment berm, (which is identified on the
site plan as 15 feet tall) and no dredge material management or
material storage shall be permitted on the access parcels located
betweenthedredgedmaterialmanagementareaandthepermanentstorage
location, other than for vehicles and equipment to transfer
materials between the two locations. Conditions
1.Changestothesiteplanwillrequirere-evaluationbytheCitysCommunity
Development and Engineering Departments. Page 511 Item No. 19Any
substantial change to the plan will require review and approval by
City staff, the Planning and Zoning Board, Local Planning Agency,
and/or the City Council, as applicable. A Substantial Change shall
also include any one or more of the following:
a)ContinuedoperationoftheTemporaryDredgedMaterialManagement
Facility,EauGallieRiverRestorationDredgingProjectontheNORTH PARCEL
beyond December 31, 2018; b)Any reduction in the 100-foot wide
buffer located along the eastern boundary of the NORTH PARCEL
dredging operation.
c)Anyexpansionofthedredgedmaterialmanagementareasbeyondwhatis
depicted on the site plan. d)Continued operation of the clean fill
storage on the SOUTH PARCEL shall be permitted concurrently with
the timing outlined for the Brevard County Sarno Road Class III
landfill approved with Ordinance 2009-41. e)Any reduction in the
100-foot wide buffer identified located along the western boundary
of the SOUTH PARCEL clean fill storage facility. f)Any increase in
height for the clean fill storage area on the SOUTH PARCEL beyond
the 15 foot tall containment berm, as identified on Sheet C-3,
Section B-B of the site plan.
2.A100-footwideopaque,vegetativebuffershallbeprovidedalongtheeastern
boundary of the dredged material management area on the NORTH
PARCEL. The
opaque,vegetativebufferwillbemaintainedthroughoutthelengthoftheEau
GallieRiverRestorationDredgingProject.Theapplicantshallcoordinatethe
detailsoftheopaque,vegetativebufferduringtheconstructionplanreview
process.
3.Hoursofoperation.Thehoursofoperationforanyearthmovingoranyother
heavy equipment operations shall be enforced as daylight hours but
no longer than 7:00 a.m. to 7:00 p.m.
4.OperationofallpumpswillmeettheCityofMelbourneNoiseOrdinance
requirements for land use category C,with additional insulated
screen or other
meansofnoisedampeningasdeterminednecessarybyCitystaffduringthe
construction plan review process. Page 512 Item No. 19
5.Asitrelatestocomplaintsmadebyadjacentcitizens/propertyowners,the
owner/operatoroftheLandfillPropertyshallprovideuponrequestoftheCityof
Melbourne officials, (i) records of all complaints with respect to
odor, dust, noise and other nuisances, and (ii) records of all
actions taken by the owner/operator to
addressandcorrectnon-compliancewithmonitoringstandards,andtoaddress
and correct complaints with respect to odor, dust, noise and other
nuisances.
6.Theowner/operatoroftheLandfillPropertyshallpermitaccessbyCityof
Melbourneofficialsduringreasonablebusinesshours(8:30a.m.5:00p.m.,
MondaythroughFriday,Cityholidaysexcepted)todeterminecomplianceof
dredgedmaterialmanagementareaswithMelbourneLandDevelopment
RegulationsandLifeSafetyrequirements.Asusedherein,LandDevelopment
Regulationsshallbedefinedassetforthinsection316.3164,FloridaStatutes
(2010).
7.Nodredgematerialmanagementormaterialstorageshallbepermittedonthe
CENTRALaccessPARCELSlocatedbetweenthedredgedmaterial management
area and the permanent storage location, other than for vehicles
and equipment to transfer materials between the two locations.
8.TheconditionaluseshallremainontheSOUTHPARCELfortheuseofthe
property for clean fill storage after the dredge project is
complete. The maximum height of the permanent clean fill storage
area shall not exceed the height of the containment berm, which is
identified on the site plan as 15 feet tall. 9.The site plan and
conditional use permit will expire simultaneously on J anuary 1,
2019 for the NORTH PARCEL.
10.Thesiteplanandconditionaluseforthecleanfillsedimentstobecontinually
stored on the SOUTH PARCEL will cease at the time the adjacent
Brevard County Sarno Road Class III landfill (CU-2009-06/Ordinance
2009-41) ceases operation.
Respectfully Submitted, for Alan King, Chairman Planning and
Zoning Board Page 513 Item No. 19Overall Project Overall
ProjectSARNO RDSARNO RDNORTH DRNORTH DRN WICKHAM RDN WICKHAM
RDWRIGHT AVWRIGHT AVPORCELLA AVPORCELLA AVENGELGAU LNENGELGAU
LNDIJON DRDIJON DRCORBUSIER DRCORBUSIER DRDOW RDDOW RDHARPER RD
HARPER RDNEW YORK AVNEW YORK AVC CH HO OC CT T A AW W D DR RROUEN
AV ROUEN AVOSAGE AVOSAGE AVWASHBURN RDWASHBURN RDF FO OU UN NT TA
AI I N NH HE EA AD D B BL LV VD DEAST DREAST DRWEST DRWEST DRQUEBEC
AV QUEBEC AVA AL LG GO ON NQ QU UI I N N D DR RBAYEUX AVBAYEUX
AVRHEIMS AV RHEIMS AVAVIGNON DRAVIGNON DRHOPI DR HOPI DRSKYWAY
CIRSKYWAY CIRM MO OH HA AW WK KA AV VTECHNOLOGY DRTECHNOLOGY DRW
CHARTRES AV W CHARTRES AVS SA AC CR RE EC CO OE EU URRDDRRNOTRE
DAME AV NOTRE DAME AVMOHICAN DR MOHICAN DRDIGITAL LIGHT DRDIGITAL
LIGHT DROPPORTUNITY DROPPORTUNITY DRR RI I D DG GE EC CL LU UB BD
DR RCREEK AVCREEK AVLegendCity
BoundaryParcelTypeNon-CondoCondoEG_River_Restoration_Dredge_Project95N
WICKHAM RDHIGHWAY A1ASARNO RDDAIRY RDS TROPICAL TRLHIGHWAY
192MINTON RDN RIVERSIDE DRELLIS RDLIPSCOMB STCROTON
RDOGISIllustrative purposes only.No warranties, expressed or
implied, are provided for the property records and mapping data
herein,or for their use or interpretation by the User. The City of
Melbourne assumes no liabilityfor any damages, losses, costs or
expenses, including but not limitedto attorney's fees, arising from
any User's use or misuseof the property records or mapping data
provided herein.Printed by: kleeAuthor: City of Melbourne GIS
TeamDate Saved: 6/30/2015 9:30:46 AMDocument Path:
G:\PZ\P&ZBOARD2015\Maps\CU-2015-05 SP-15-07 EG River
Restoration Dredging Project.mxdCU-2015-05 / SP-2015-07EAU GALLIE
RIVER RESTORATIONDREDGING PROJECTPage 514 Item No. 19Overall
Project Overall
ProjectIndustrialIndustrialIndustrialIndustrialIndustrialHeavy
CommercialHeavy CommercialIndustrialRecreationHeavy CommercialHeavy
CommercialIndustrialHeavy CommercialIndustrialGeneral
CommercialIndustrialHeavy CommercialPublic/InstitutionalLow Density
ResidentialIndustrialHeavy CommercialMixed-UseHigh Density
ResidentialHeavy CommercialPublic/InstitutionalHeavy CommercialLow
Density ResidentialLow Density ResidentialLow Density
ResidentialLow Density ResidentialGeneral
CommercialIndustrialIndustrialLow Density
ResidentialIndustrialHeavy CommercialLow Density ResidentialGeneral
CommercialLow Density ResidentialLow Density ResidentialHeavy
CommercialLow Density ResidentialLow Density ResidentialHeavy
CommercialLow Density ResidentialLow Density ResidentialGeneral
CommercialLow Density ResidentialLow Density ResidentialLow Density
ResidentialHeavy CommercialGeneral CommercialIndustrialLow Density
ResidentialLow Density ResidentialGeneral CommercialGeneral
CommercialLow Density ResidentialHeavy CommercialLow Density
ResidentialLow Density ResidentialPublic/InstitutionalLow Density
ResidentialSARNO RDSARNO RDNORTH DRNORTH DRPORCELLA AVPORCELLA
AVENGELGAU LNENGELGAU LNC CO OR RB BU US SI I E ER R D DR RDOW
RDDOW RDHARPER RD HARPER RDNEW YORK AVNEW YORK AVC CH HO OC CT T A
AW W D DR ROSAGE AVOSAGE AVWASHBURN RDWASHBURN RDEAST DREAST DRB BA
AY YE EU UX X A AV VRHEIMS AV RHEIMS AVSKYWAY CIRSKYWAY CIRDIGITAL
LIGHT DRDIGITAL LIGHT DROPPORTUNITY DROPPORTUNITY
DRM1M1M1M1M1I1M1M1M1I1M1M1CPM1M1M1M1I1C1M1M1M1
C1M1M1M1M1CPM1LegendCity
BoundaryParcelTypeNon-CondoCondoEG_River_Restoration_Dredge_Project95N
WICKHAM RDHIGHWAY A1ASARNO RDDAIRY RDS TROPICAL TRLHIGHWAY
192MINTON RDN RIVERSIDE DRELLIS RDLIPSCOMB STCROTON
RDOGISIllustrative purposes only.No warranties, expressed or
implied, are provided for the property records and mapping data
herein,or for their use or interpretation by the User. The City of
Melbourne assumes no liabilityfor any damages, losses, costs or
expenses, including but not limitedto attorney's fees, arising from
any User's use or misuseof the property records or mapping data
provided herein.Printed by: kleeAuthor: City of Melbourne GIS
TeamDate Saved: 6/30/2015 9:30:46 AMDocument Path:
G:\PZ\P&ZBOARD2015\Maps\CU-2015-05 SP-15-07 EG River
Restoration Dredging Project.mxdCU-2015-05 / SP-2015-07EAU GALLIE
RIVER RESTORATIONDREDGING PROJECTPage 515 Item No. 19Page 516 Item
No. 19 Page 1 of 5 ORDINANCE NO. 2015-33
ANORDINANCEOFTHECITYOFMELBOURNE,BREVARD COUNTY, FLORIDA, AMENDING
THE OFFICIAL ZONING MAP, AS
ITRELATESTOTHEGENERALZONINGORDINANCENO.2005-120; PROVIDING FOR THE
REPEAL OF ORDINANCE NO. 2000-16
(CU-1999-20);GRANTINGACONDITIONALUSETOALLOWA
TEMPORARYLANDFILLANDAPERMANENTLANDFILLON91+ACRESZONEDM-1(LIGHTINDUSTRIAL)LOCATEDWESTOF
WICKHAM ROAD, NORTH OF NEW YORK AVENUE, AND SOUTH OF SARNO ROAD;
PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SITE PLAN
APPROVAL; PROVIDING THAT THE PROPERTY SHALL BE DESIGNATED ON THE
OFFICIAL ZONING MAP BY THE SYMBOLS C-M-1; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING AN ADOPTION SCHEDULE.(CU-2015-05) BE IT ENACTED
BY THE CITY OF MELBOURNE, FLORIDA:
SECTION1.ThatOrdinanceNo.2000-16isherebyrepealed.Further,theOfficial
ZoningMap,asitrelatestotheGeneralZoningOrdinanceNo.2005-120oftheCityof
Melbourne, is hereby amended by granting a conditional use to allow
a temporary landfill on the
north53+-acrepropertyandapermanentlandfillonthesouth33+-acrepropertyzonedM-1
(Light Industrial), located west of Wickham Road, north of New York
Avenue, and south of Sarno Road.The property is described as:
Parent Tract Legal Description: (ORB 4194, Page 3307)
PartoftheWestoftheSoutheastofSection24,Township27South,Range36
East, Brevard County, Florida, being more particularly described as
follows: Beginning at the Northwest comer of the said Southeast of
Section 24; thence North 8718'10" East along the North line of said
Southeast a distance of 100.11 feet; thence
South0001'53"West,adistanceof25.03feettotheSouthright-of-waylineofOhio
Avenue per O.R. Book 3655, Page 2165 of the Public Records of said
Brevard County
andPointofBeginning;thenceNorth8718'10"East,alongsaidright-of-waylinea
distance of 1,166.75 feet to the west right-of-way line of State
Street per said O.R. Book
3655,Page2165;thenceSouth0007'45"East,alongsaidWestright-of-waylinea
distanceof2,551.45feettotheNorthright-of-waylineofNewYorkAvenueperO.R.
Book 3655, Page 2165; thence South 8748'25" West, along said North
right-of-way line a distance of 1,173.46 feet to the East
right-of-way line of Cortez Street per said O.R. Book 3655, Page
2165; thence North 00"01'53" East, along said East right-of-way
line a distance of 2,541.44 feet to the Point of Beginning. Page
517 Item No. 19 Page 2 of 5 DMMA Parcel #1 Legal Description:
(Prepared by Surveyor) That part of the West of the Southeast of
Section 24, Township 27 South, Range 36 East, Brevard County,
Florida, being more particularly described as follows: Those lands
formerly known as Blocks 1 through 7 and 10 through 16 and adjacent
street centerlines of Washington Park Indian River Highlands
Addition per Plat thereof recorded
inPlatbook4Page33ofthePublicRecordsofBrevardCounty,Florida,saidPlat
vacated per Official Records Book 3653 at Page 1612 of said Public
Records. LESS AND EXCEPT The Right-of-Way of Cortez Street, New
York Avenue and State Street as described in Official Records Book
3655 at Page 2165 of said Public Records. Containing 53.17 acres,
more or less DMMA Parcel #2 (Prepared by Surveyor) A parcel of land
lying in Section 25, Township 27 South. Range 36 East, Brevard
County, Florida being more particularly described as follows:
Commence at the North corner of said Section 25; thence run S 00
24' 21"E, along the east line of the NW of said Section 25, a
distance of 1319.56 feet to the northeast corner of the SE of said
NW ; thence run S 87 14' 42" W, along the north line of said SE , a
distance of 30.03 feet to the west right of way line of the Crane
Creek Drainage District Canal No. L-16 and the Point of Beginning;
thence run S00 24'21" E, along said west right of way line, being
parallel with and 30.00' west of, by right angle measure, said east
line of the NW , a distance of 1286.51 feet to the north right of
way line of said Crane Creek Drainage District Canal No. L-16;
thence run S87 17' 50" W, along said north right of way line, being
parallel with and 33.00 feet north of, by right angle measure, the
south line of said NW , a distance of 959.01 feet; thence departing
said north right of way line, run N 01 16' 19 W, a distance of
624.84 feet thence run S 89 39' 06" W, a distance of 326.72 feet to
the west line of said SE of the NW of Section 25; thence
runN0020'54"W,alongsaidwestline,adistanceof648.77feettothenorthwest
corner of said SE ; thence run N 87 14' 42" E, along the north line
of said SE , a distance of 1294.83 feet to the Point of Beginning.
Containing 33.40 acres, more or less Access Parcel Legal
Description (Prepared by Surveyor) A parcel of land lying in
Sections 24 and 25, Township 27 South, Range 36 East, Brevard
County, Florida being more particularly described as follows: Begin
at the South corner of said Section 24; thence run N 00 07' 08" W,
along the west line of the SE of said Section 24. a distance of
450.00 feet; thence departing said
westlinerunS8952'52"Wadistanceof110.00feet;thencerunS0007'08"E,
parallel with said west line, a distance of 1774.92 feet to the
north line of the SE of the NW of said Section 25; thence run N 87
14' 42" E, along said north line, a distance of 116.74 feet to the
northeast corner of the SE of the NW of said Section 25; thence
Page 518 Item No. 19 Page 3 of 5 run N 00 24' 21"W, along the east
line of said NW , a distance of 1319.56 feet to the Point of
Beginning. Containing 4.58 acres, more or less. SECTION 2.That this
ordinance is adopted subject to the following conditions: (a)The
53+-acre parcel (north parcel) may be used as a temporary landfill
to dewater sediment dredged from the Eau Gallie River and Elbow
Creek as part of the Eau
GallieRiverRestorationDredgingProject.Thepropertymustberestoredtoits
pre-construction conditions by December 31, 2018. (b)A permanent
landfill is permitted on the 33+-acre parcel (south parcel).
(c)SitePlanSP-2015-07depictedonthethree-sheetplanpreparedbyTaylor
Engineering, Inc., Project Number C2013-036, with a signed and
sealed date of J
uly1,2015forthe91+-acrepropertyisapprovedsubjecttothefollowing
conditions:
(1)Changes to the site plan will require re-evaluation by the
Citys Community Development and Engineering Departments.Any
substantial change to the plan will require review and approval by
City staff, the Planning and Zoning
Board,LocalPlanningAgency,and/ortheCityCouncil,asapplicable.A
substantial change shall also include any one or more of the
following: a.Continued operation of the temporary dredged material
management facility, Eau Gallie River Restoration Dredging Project,
on the north parcel beyond December 31, 2018. b.Any reduction in
the 100-foot wide buffer located along the eastern boundary of the
north parcel dredging operation.
c.Anyexpansionofthedredgedmaterialmanagementareabeyond what is
depicted on the site plan. d.Continued operation of the clean fill
storage on the south parcel shall
bepermittedconcurrentlywiththetimingoutlinedfortheBrevard
CountySarnoRoadClassIIIlandfillapprovedbyOrdinance2009-41. e.Any
reduction in the 100-foot wide buffer identified located along the
western boundary of the south parcel clean fill storage facility.
f.Anyincreaseinheightforthecleanfillstorageareaonthesouth
parcelbeyondthe15foottallcontainmentberm,asidentifiedon Sheet C-3,
Section B-B of the site plan. Page 519 Item No. 19 Page 4 of 5
(2)A100-footwideopaque,vegetativebuffershallbeprovidedalongthe
eastern boundary of the dredged material management area on the
north
parcel.Theopaque,vegetativebufferwillbemaintainedthroughoutthe
length of the Eau Gallie River Restoration Dredging Project.The
applicant
mustcoordinatethedetailsoftheopaque,vegetativebufferduringthe
construction plan review process.
(3)Hoursofoperation.Thehoursofoperationforanyearthmovingorany other
heavy equipment operations shall be enforced as daylight hours but
no longer than 7:00 a.m. to 7:00 p.m.
(4)OperationofallpumpswillmeettheCityofMelbourneNoiseOrdinance
requirements for land use category C, with additional insulated
screen or
othermeansofnoisedampeningasdeterminednecessarybyCitystaff during
the construction plan review process. (5)As it relates to
complaints made by adjacent citizens/property owners, the
owner/operator of the landfill property shall provide upon request
of the City
ofMelbourneofficials,(i)recordsofallcomplaintswithrespecttoodor,
dust, noise and other nuisances, and (ii) records of all actions
taken by the
owner/operatortoaddressandcorrectnon-compliancewithmonitoring
standards,andtoaddressandcorrectcomplaintswithrespecttoodor, dust,
noise and other nuisances.
(6)Theowner/operatorofthelandfillpropertyshallpermitaccessbyCityof
Melbourneofficialsduringreasonablebusinesshours(8:30a.m.5:00
p.m.,MondaythroughFriday,Cityholidaysexcepted)todetermine
complianceofdredgedmaterialmanagementareaswithMelbourneLand
DevelopmentRegulationsandLifeSafetyrequirements.Asusedherein,
LandDevelopmentRegulationsshallbedefinedassetforthinsection
316.3164, Florida Statutes (2010). (7)No dredge material management
or material storage shall be permitted on
thecentralaccessparcelslocatedbetweenthedredgedmaterial
managementareaandthepermanentstoragelocation,otherthanfor vehicles
and equipment to transfer materials between the two locations.
(8)Theconditionaluseshallremainonthesouthparcelfortheuseofthe
propertyforcleanfillstorageafterthedredgeprojectiscomplete.The
maximum height of the permanent clean fill storage area shall not
exceed the height of the containment berm, which is identified on
the site plan as 15 feet tall.
(9)Thesiteplanandconditionalusepermitwillexpiresimultaneouslyon J
anuary 1, 2019 for the north parcel.
(10)Thesiteplanandconditionaluseforthecleanfillsedimentstobe
continuallystoredonthesouthparcelwillceaseatthetimetheadjacent Page
520 Item No. 19 Page 5 of 5 Brevard County Sarno Road Class III
landfill (CU-2009-06/Ordinance 2009-41) ceases operation. SECTION
3.That the above described property shall be designated on the
Zoning Map by the symbols C-M-1 to indicate that said premises
shall be restricted to use for that particular conditional use
along with the uses permitted in an M-1 (Light Industrial) Zoning
District. SECTION 4.That it is hereby found and determined that the
conditional use requested satisfies the criteria established in
Article IX, Section 5 (C), of the Zoning Code. SECTION 5.That this
ordinance shall be effective 30 days from the date of adoption of
this ordinance and, if appealed or otherwise judicially contested,
until resolution of any judicial contests or appeals.The amendment
shall be duly recorded within five business days after the 30-day
period has expired and resolution of any judicial contests or
appeals. SECTION 6.That this ordinance was passed on the first
reading at a regular meeting of the City Council on theday of
,2015,andadoptedonthefinalreadingata regular meeting of the City
Council on theday of , 2015. BY: Kathleen H. Meehan, Mayor ATTEST:
Cathleen A. Wysor, City Clerk Ordinance No. 2015-33 Page 521 Item
No. 19