0752 Application for Hearing-LDRsORDINANCE NO. 752
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING
ORDINANCE NO. 716, THE LAND DEVELOPMENT REGULATIONS
(LDR'S); PARTICULARLY SECTION 220 APPLICATION FOR HEARING;
PROVIDING FOR EXPEDITED REHEARING IN CERTAIN INSTANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the LDR's presently provide for a right of rehearing of a denial of petition for
a comprehensive plan or land development regulations amendment zoning district
boundary change; appeal of an administrative decision; special exception use or
variance, but prevents a petition for the same request to be resubmitted for a period
of at least six months after denial; and
WHEREAS, the applicants are expected to submit properly prepared petitions with any
corroborating documents or evidence submitted therewith, and to be prepared to
fully argue the merits of the petition with the appropriate board; and
WHEREAS, the intent of the LDR's is to permit appropriate growth and landowner relief
where applicable, so long as the decision of the board or agency possesses
knowledge of all facts and circumstances relative to the petition being considered;
and
WHEREAS, the City of Okeechobee deems it in the best interests of the citizens and
landowners to provide limited rights of rehearing of denials of petitions by its
Planning Board or Board of Adjustment where it appears such board may have
acted without full knowledge of all facts and circumstances pertaining to the petition.
NOW THEREFORE be it ordained by the City of Okeechobee, Florida, as follows:
220 APPLICATION FOR REHEARING
1 When, after a public hearing a petition for a Comprehensive Plan or
Land Development Regulations amendment, Zoning District Boundary
change, Appeal fo an Administrative Decision, Special Exception Use,
or Variance, has been denied, a petition for the same request cannot
be resubmitted for a period of at least 6- months 60 days after denial.
Section Two. If any provision or portion of this ordinance be deemed to be invalid,
the remaining portions shall remain in full force and effect.
Page 1 of 2
INTRODUCED for first reading and set for public hearing on the 16 day of Mav
2000.
BONNIE THOMAS, CMC, CITY CLERK
ADOPTED after second reading and public hearing on the 6 day of June 2000.
BONNIE THOMAS, CMC, CITY CLERK
REVIEWED FOR LEGAL SUFFICIENCY:
JOHN R. COOK, CITY ATTORNEY
Page 2 of 2
r
JAMES E. KIRK, MAYOR
JAMES E. KIRk, MAYOR
AGENDA
IV. NEW BUSINESS CONTINUED.
A. Consider the Five -Year Based Plan Amendment of the
Evaluation and Appraisal Report which cover revisions
necessary for various elements of the Comprehensive
Plan continued.
B. Consider a proposed amendment to City Land
Development Regulations, Ordinance 716, Section 573
Signs in Professional and Office Districts and Section
574, Signs in Commercial and Industrial Districts
Attorney Cook (Exhibit 2).
C. Consider a proposed amendment to City Land
Development Regulations, Ordinance 716, Section 220
Application for Rehearing Agency Attorney (Exhibit
3).
ACTION DISCUSSIO
N
VOTE
WALKER YES
HOOVER YES
LEDFERD YES
MCCoY YES
MUELLER YES
JONES YES
MOTION CARRIED.
Attorney Cook addressed the Agency explaining that an amendment needed to be made to
Section 573 Signs in Professional and Office Districts and Section 574, Signs in Commercial and
Industrial Districts in the Land Development Regulations (LDR's). According to the City's Building
Inspector, Tom Bubb, these sections contain some "loose language" as far as interpretation.
Following a brief discussion Member Mueller moved to recommend the City Council approve
the amendment as outlined in Exhibit Two; seconded by Member Ledferd.
WALKER YES
HOOVER YES
LEDFERD YES
MCCOY YES
MUELLER YES
JONES YES
MOTION CARRIED.
APRIL 25, 2000 LAND PLANNING AGENCY PAGE 3 OF 4
Attorney Cook explained to the Agency that when an applicant is denied a Special Exception or
Variance for a particular piece of property, they cannot reapply to the Board of Adjustments for
a minimum six months. The proposed amendment as outlined in Exhibit Three will allow an
applicant, with sufficient information, to request authority from the City Council to reapply,
therefore waiving the six month waiting period.
AG
ENOA
IV. NEW BUSINESS CONTINUED.
C. Consider a proposed amendment to City Land
Development Regulations, Ordinance 716, Section 220
Application for Rehearing continued.
V. ADJOURNMENT Chairman
PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to
appeal any decision made by the Land Planning Agency with respect to
any matter considered at this meeting, he/she may need to insure that
a verbatim record of the proceeding is made, which record includes the
testimony and evidence upon which the appeal is to be based. A tape
recording of this meeting is on file in the City Clerk's Office.
ATTEST:
Beatrice Castorina, Secretary
Jerry E. Walker, Chairman
Following discussion, the consensus of the Agency was that they did not feel the City Council
should override the decision of the Board of Adjustments. Discussion ensued, Member Mueller
moved to table this item until next month, Attorney Cook was instructed to rewrite the
proposed amendment to eliminate the waiver and amend the six (6) month waiting period
to sixty (60) days; seconded by Member McCoy.
WALKER YES
HOOVER YES
LEDFERD YES
MCCoY -YES
MUELLER YES
JONES YES
MOTION CARRIED.
ACT(
ON
APRIL 25, 2000 -LAND PLANNING AGENCY -PAGE 4 OF 4
DI
USS(
0
N ;VOTE
There being no further items on the agenda, the meeting was adjourned at 5:50 p.m.
inter Office
MEMORANDUM
Exhibit 3
To: LAND PLANNING AGENCY
From: JOHN COOK, CITY ATTORNEY
Subject: Revision to Land Development Regulations
Date: April 4, 2000
Draft for review by the Land Planning Agency Amend Ordinance No.716, Section 220 (new language is underlined and the
deleted is struck ough).
220 APPLICATION FOR REHEARING
1 When, after a public hearing a petition for a Comprehensive Plan or Land Development Regulations
amendment, Zoning District Boundary change, Appeal of an Administrative Decision, Special Exception Use,
or Variance, has been denied, a petition for the same request cannot be resubmitted for a period of at least 6
months after denial, unless as provided in the following section.
2 The Petitioner shall have the right to submit a request for immediate hearing on the petition for the same
request, so long as the petitioner submits such request in writing to be placed on the next regular agenda for
the City Council after such denial, and can exhibit to the satisfaction of the Council that:
a The Planning Board /Board of Adjustments rendered Ws decision denying such request without
possession of all necessary facts and circumstances pertaining to the request, and
b That if Iran -d b the Council th- -titioner can Iroeuc the necessa addition -I informab. for
consideration by the appropriate board within sixty (60) days of the City Council Meeting.
3 This limited right to request an immediate rehearing and the decision to grant or deny same, is within the sole
discretion of the City Council applied solely to instances where the board's denial is based on lack of necessary
information; and shall not be considered or be in lieu of the rights and obligations of appeal of a decision of the
board as provided in Section 255 of the Land Development Regulation.
n
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763 -3134
Published Daily
STATE OF FLORIDA Okeechobee, FL. The purdose of
COUNTY OF OKEECHOBEE the meeting is tri makerecommen-
lotions to the City Council amend
Before the undersigned authority personally appeared Judy Kasten, who on oath Iry the lad D eveolMen1 Regula-
tions (LDR's) regarding sign reguia-
says she is Publisher of the Okeechobee News, a DAILY Newspaper published in tons and application for rehearing.
The Land Planninp Agency will also
Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, be conducting a t h Hearing m
being a preb n .aen sive Plan, Pa �q the Coal-
prehensive Plan; based'phpoort Its Eval-
ng amendment to the Future La e d
Pt) b l c No f c e ry Use Map, t�ex the Future Land
in the matter of Use;rranspot iiws,nq,sani
a tarySSewer, Solid Waste Drainage;'
L h 9 Planning Portable Water and N Gmud-
in the 19th Judicial Distric of the ircuit Court of Okeechobee C! Agency ye Q water' Recharge,- Recreation and
T' a 0pert�pa�a CorN;ervatan.Recrea-
County, Florida, was mor open space, int rev
mental Coordination, and Capital
published in said Newspaper in the issues of Improvement Elements to' revise
R r% and update ice D Goals, Db
ZDOO sis: and adding a .Stag
sissy Definitions, Appendor A ante
utoDefinitions, •in. accordance
'ant further says that the said Okeechobee News is a newspaper published at with the mandates set fohh in
Chapter 163 Fbda Statutes
Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- iTh p rec r eive p ublic inpu a a no- a
fore been published continuously in said Okeechobee County, Florida each week and has lit r v of a e dmom e-
been entered as second class mail matter at the post office in Okeechobee, in said h ar d AAppprased on die c
Okeechobee County, Florida, for a period of one year next preceding the first publication o the pro� A'nendments and
of the attached copy of advertisement; and affiant further says that she has neither paid available A inspection by the pub
Ordinance shall be
for
nor promised any person, firm or corporation any discount, rebate, commission or rend n the Ilffic e Office, of none' business the City Cletty lerk; 55 S.E.
soars at
for the purpose of securin this advertisement for publication in the said newspaper- 1349 gal
pear aL1he meeting and bet heard
Iwdh:7pS bathe Pads P ':,�lSix71
scribed before me this /0 day of Apo/
.1'r Karmen R. Brown
4 s_Comission CC 902300
1, Expires Jan. 17, 2004
Bonded Thru
Atlantan Bonding Co., Inc.
t i At
Notary Public, State of Flori
PUBLIC NOTICE
LAND PLANNING
AGENCY HEARING
PLEASE TAKE NOTICE that the City
Lad Planning Agent wi6 me eton
Tuesday °ApnI 25, 2000 at 7:00
p.m.,'or as soon thereafter as pos-
stile, City Hall, 55.S.E 3rd Ave,
IV. NEW BUSINESS.
A. Consider a proposed amendment to City Land
Development Regulations, Ordinance 716, Section 220
Application for Rehearing Attorney Cook (Exhibit 1).
V. ADJOURNMENT
AGENDA
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land
Planning Agency with respect to any matter considered at this proceeding, such interested person will need a
record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes
are for the sole purpose of backup for official records of the Clerk:.
ATTEST:
Beatrice Castorina, Secretary
Jerry E. Walker, Chairman
Walker- Yes
Hoover- Yes
Ledferd- Yes
McCoy- Yes
Keller- Yes
Mueller- Yes
Jones- Yes
MOTION CARRIED.
Walker- Yes
Hoover- Yes
Ledferd- Yes
McCoy- Yes
Keller- Yes
Mueller- Yes
Jones- Yes
MOTION CARRIED.
ACTION DISCU
May 23, 2000 LAND PLANNING AGENCY PAGE 2 OF 2
SSION VOTE
Member Mueller moved to remove this item from the table; seconded by Member Ledferd.
Presented in Exhibit One was a revised amendment to the LDR's, Section 220, Application for
Rehearing to eliminate the waiver and amend the six (6) months waiting period to sixty (60) days.
Member Mueller moved to recommend approval of the proposed amendment to the City Council
as presented in Exhibit One; seconded by Member Mueller.
There being no further items on the agenda, the meeting was adjourned at 7:10 p.m.
44:01,00.; O
"t
Inter Office
MEMORANDUM
To: LAND PLANNING AGENCY
From: JOHN COOK, CITY ATTORNEY
Subject: Revision to Land Development Regulations
Date: April 4, 2000
EXHIBIT 1
Draft for review by the Land Planning Agency Amend Ordinance No.716, Section 220 (new language is underlined and the
deleted is struck through), with the new language as requested by the Land Planning Agency at the meeting of April 25, 2000.
220 APPLICATION FOR REHEARING
1 When, after a public hearing a petition for a Comprehensive Plan or Land Development Regulations
amendment, Zoning District Boundary change, Appeal of an Administrative Decision, Special Exception Use,
or Variance, has been denied, a petition for the same request cannot be resubmitted for a period of at least-6
months 60 days after denial.
MEMO
May 5, 2000
Attached is the LDR ordinance as requested by the land planning agency at our last
meeting; you will note they requested the city council to stay out of the decision, which should
not particularly bother the council. It should be placed on the May 16 agenda if possible. Notify
Steve Nelson of the date please.
Thanks,
JRRc e6
(Pc a-1/0- l.^/ e dY\ 22 D
O tc t t
z MEMORANDUM
To:
From:
Subject:
Date:
LAND PLANNING AGENCY
JOHN COOK, CITY ATTORNEY
Revision to Land Development Regulations
April 4, 2000
Draft for review by the Land Planning Agency Amend Ordinance No.716, Section 220 (new language is underlined and the
deleted is struck t rough).
220 APPLICATION FOR REHEARING
1 When, after a public hearing a petition for a Comprehensive Plan or Land Development Regulations
amendment, Zoning District Boundary change, Appeal of an Administrative Decision, Special Exception Use,
cf or Variance, has been denied, a petition for the same request cannot be resubmitted for a period of at least 60
=15 ,after denia
1:11171:i
.:ruui[•�
session of all ne
Th.t if •r.n e• b he
consideration b the
a s of the Ci o
vi -impr
r t Ion. a h
the CI Council after such denial and can exhibit to the satisfactio
oardlBoard of Ad'ustments
Land Devel• .m-n
and ecision to rant or den
wh-r- .•ar• dnili b
etition for the
nI.ckofne e
2
in
bo
shall have the doh to submit a re uest fo mediate heann on _.:a•
i.. M in h n
e Council that:
ered it's
In
Exhibit 3
ame
r
such re uest without
on for
same is within the sole
al of a decision of the
City of Okeechobee
Memo
To: John C. CooJ, City Attorney
From: Jim Lue, Planning Zoning Official
Date:
Subject: Proposed Ordinance Revisions for Rehearings
In reviewing how other governmental entities allow input for possible rehearings, it might
be preferable to limit the evidence of an applicant for a rehearing, less than six months, to that
"relevant new evidence which was not known to the applicant at the time of the first hearing."
This will prevent someone from withholding information pertinent to a land use decision on
purpose in order to use it later to justify a new hearing on the same case.
This is not an absolute protection, but it might be a good precautionary measure.
JGL:bc
April 21, 2000
55 S.E. Third Avenue Okeechobee, Florida 34974 -2932 (941) 763 -3372 Fax: (941) 763 -1686