HomeMy WebLinkAboutO-90-13 ORDINANCE NO.: 0-90-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REGARDING ACCESS TO SUBDIVISIONS;
AMENDING SECTION 20A-17.2 OF THE LAND DEVELOPMENT CODE;
PROVIDING FOR TWO PUBLIC MEANS OF INGRESS AND EGRESS TO
MAJOR SUBDIVISIONS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN~ PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has recommended
to the City Council of the City of Sebastian, Indian River
County, Florida, that the Land Development Code as it pertains to
access to subdivisions be amended to provide for two required
public means of ingress and egress to major subdivisions with
limited exceptions; and
WHEREAS, regulation of the number of required means of
ingress and egress enables the City to better provide for the
health, safety and welfare of residents within subdivisions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Section 20A-17.2 A.1 of the Sebastian Land
Development Code is hereby amended by adding a new subparagraph
(e), to provide as follows:
"(e) Ail major subdivisions, as defined in subsection
20A-16.1C, shall be designed with at least two public
means of ingress and egress to provide public access to
the subdivision from arterial or collector streets. An
adjustment in the number of required public means of
ingress and egress under this paragraph may be authorized
pursuant to subsection 20A-16.1D. Each public means of
ingress and egress to a major subdivision shall intersect
an arterial or Collector street different from the
arterial or collector street intersected by any other
required public means of ingress and egress to the
subdivision. If it is not possible for the required
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number of public means of ingress and egress to a
subdivision to intersect different arterial or collector
streets, the public means of ingress and egress may
intersect the same arterial or collector street; however,
the points of intersection must be located a minimum of
one thousand (1,000) feet apart. If an adjustment is
authorized pursuant to subsection 20A-16.1D such that
only one public means of ingress and egress is required
under this paragraph, the subdivision shall be designed
to provide at least one additional means of ingress and
egress for emergency vehicles. All such means of ingress
and egress for emergency vehicles must be approved by the
City Engineer."
Section 2. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Land Development Code of the City
of Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section, .... Article" or other
appropriate designations.
Section 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
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Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
~j)~~L, The motion was seconded by Councilman
'-~-~.{f and, upon being put into a vote, the
vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared~ this Ordinance duly passed and
ATTEST:
Kathr~_/M. o'Ha~loran,T CMC/AAE
City Cl~rk
CITY OF SEBASTIAN, FLORIDA
w. E. Cony~fs, Mayor
/
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the /~'~.day of L~~h , 1990, and
that following said public hearing this Ordinance was passed by the
Cit~Council.
Kathry~M.' O'Halloran, CMC/AAE
City Clerk
Approve~S to Form and Content:
/×
Cha~es' 'Ian Nash, City Attorney
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