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