HomeMy WebLinkAboutO-09-14ORDINANCE NO. 0-09-14
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE TO CREATE SECTION 54 -3 -11.11 ROSELAND ROAD
BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council finds it is in the public interest to provide a fifty (50) foot
buffer for properties along Roseland Road that are owned by the City and /or the Sebastian
Municipal Airport.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended to create a new section numbered 54 -3 -11.11 read as follows:
Sec. 54 -3- 11.11. Roseland Road Buffer.
(1) For city owned lands adjacent to Roseland Road, including the Sebastian
Municipal Airport (SMA) and SMA leaseholds, a fifty (50) foot vegetative
buffer is hereby established and created.
(2) The buffer shall exist from the Roseland Road eastern right -of -way and extend
fifty (50) feet eastward along the entire length of the property line of City or
Sebastian Municipal Airport owned lands.
(3)
Existing vegetation within the Roseland Road Buffer shall remain unaltered,
except to permit removal as regulated in Article XIV of the City's Land
Development Code (Sec. 54- 3 -14). Vegetation removal may also be required
for generally recognized traffic safety standards specified in the Manual of
Uniform Traffic Control Devices, the Florida Department of Transportation
Manuals and Indian River County Traffic Engineering standards.
(4) The City reserves the right to replace and improve existing airport business
directory signage.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. 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 or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
ATTEST:
Sally A.
City Cle
Hill
upon being put to a vote, the vote was as follows:
Mayor Richard H. Gillmor
Vice Mayor Jim Hill
Councilmember Andrea B. Coy
Councilmember Eugene Wolff
Councilmember Don Wright
io, MMC
The motion was seconded by Councilmember Wright and,
aye
aye
aye
absent
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 13 day of January,
2010.
CITY OF SEBASTIAN, FLORIDA
Mayor Richard H. Gillmor
Approved as to form and legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg, Cit}f'Attorney