HomeMy WebLinkAboutR-23-29 Establishing Areas of Limited Local AnchoringRESOLUTION NUMBER R-23-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, REQUESTING THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY ADOPT THE AREAS
SET FORTH IN EXHIBIT "A" AS AREAS OF LIMITED LOCAL
ANCHORING PURSUANT TO STATE LAW; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Statute §327.4108 (2023) provides a framework for limited local
anchoring regulation by a county; and,
WHEREAS, pursuant F.S. §327.4108, the county government has the authority to enact
"length of stay" limitations on transient boaters anchoring in waters within the political
jurisdiction of counties and municipalities; and,
WHEREAS, the City desires to have such limited anchoring areas within the city limits
as provided by state law; and
WHEREAS, the City finds such "length of stay" limitations are in the public interest and
promotes the public health, safety, and welfare of its citizens and visitors; and
WHEREAS, the City hereby requests that the Board of County Commissioners of Indian
River County designate and establish the Anchoring Limitation Areas set forth in the attached
Exhibit "A" in accordance with state law; and
WHEREAS, the areas designated in Exhibit "A" comply with the requirements of
Florida Statute §327.4108 (2023).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY
OF SEBASTIAN, FLORIDA AS FOLLOWS:
Section 1. Adoption of "Whereas" Clauses.
The foregoing "Whereas" clauses are found to be true and correct, and are hereby adopted and
incorporated herein as forming the legislative findings, purpose, and intent of this Resolution
along with any Staff reports.
Section 2. Desienatition of and Establishment of Anchoring Limitation Areas.
Attached hereto, marked as Exhibit "A", is a diagram of the areas within the boundaries of the
City to be established as areas of limited anchoring in accordance with Florida Statute §327.4108
(2023.)
Section 3. Adoution of Exhibit "A."
The City requests that the Board of County Commissioners of Indian River County formally
adopt the areas designated in Exhibit "A" as the areas of limited anchoring in the City of
Sebastian in accordance with state law.
Section 4. Effective Date.
This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Council Member
Dodd . The motion was seconded by Council Member McPartlan and, upon
put to a vote, the vote was as follows:
Mayor Fred Jones
aye
Vice Mayor Chris Nunn
aye
Council Member Kelly Dixon
aye
Council Member Ed Dodd
aye
Council Member Bob McPartlan
aye
The Mayor thereupon declared this resolution duly passed and adopted this 27th day of
September, 2023.
ATTEST:
Lc yi-4-�
J an Williams
City Clerk
Approved as to form & legality
Pifer Cockcroft
ty Attorney
CITY OF SEBASTIAN, FLORIDA
Fred Jones, Mayor
SEBASTLAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: September 27, 2023
Agenda Item Title: Consider Resolution No. R-23-29 requesting the Board of County
Commissioners of Indian River County to adopt the areas set forth in Exhibit
"A" as areas of Limited Local Anchoring pursuant to Florida Statute
§327.4108.
Recommendation: Approval of Resolution No. R-23-29
Background: In accordance with Florida Statute §327.4108, Indian River County may
establish an anchoring limitation area adjacent to urban areas that have residential docking facilities and
significant recreational boating traffic. In working with Indian River County, per the Statute, the BOCC has
requested that City Council adopt a Resolution to set forth areas within the City's jurisdiction for the County
to designate and establish these Anchoring Limitation Areas. These areas must be less than 100 acres in size
and comply with the additional requirements within the Statute.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: N/A
Total Cost: N/A
Funds to Be Utilized for Appropriation: N/A
Attachments:
1. Resolution No. R-23-29
2. Exhibit A City of Sebastian Proposed Anchoring Limitation Areas
3. Florida Statute §327.4108
Administrative Services Depa ment Review:��7�C/ W -
City Attorney Review:X
Procurement Division eview, if applicable:
City Manager Authorization: A --
Date: — a! .1000