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0746 Commication Antennas/TowersORDINANCE NO. 746 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION • 990, DEFINITION OF TERMS BY ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 580 INCLUDING COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Florida Statutes, provides for amendment to adopted Land Development Regulations; and WHEREAS, no valid objection has been made to the proposed Ordinance and it appears to be in the best interest of the City of Okeechobee that this Ordinance be adopted; WHEREAS, a first reading and public hearing were held by the City Council on said Ordinance on March 21, 2000 and April 4, 2000. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1. Section 990, DEFINITION OF TERMS, Communication Antennas and Communication Towers, are added as follows on the effective date of this Ordinance. Camouflaged Tower: means a communications tower designed to unobtrusively blend into the existing surroundings and be disguised so as not to have the appearance of a communications tower. Camouflaged communications towers on buildings, not including accompanying antenna mounts, must be disguised to appear as an accessory structure that is normally associated with the principal use occupying the property. Other camouflaged communications towers must be disguised to blend in with other facilities on the property or existing vegetation. Examples of camouflaged communication towers would be a communications tower constructed in the form and shape of a tree to be part of a forested area, or a tower constructed to appear to be a component of a bell or clock tower on sites with compatible buildings or a component of a church steeple on sites with churches. Surface finish, paint/or markings alone are insufficient to qualify for a determination as a camouflaged communications tower. Camouflaged towers shall not be lit. Communication Antennas: means an antenna designated to transmit and /or receive communications as authorized by the Federal Communication Commission. Communication towers: means any structure intended exclusively to support communication antennas, excluding antenna mounts. Design examples of communication towers are described as follows: a. Self- supporting lattice; b. Guyed; c. Monopole; and d. Any other tower type structure as determined by the Building Official, or designee of the City Council. SECTION 2. Section 580, COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, is added as follows on the effective date of this Ordinance. §580. Communication Towers and Communication Antennas. • §580.1. Applicability. A. All new communication towers and communication antennas, excluding replacement antennas to pre- existing towers or to other pre- existing non -tower antenna placements in the City of Okeechobee shall be subject to these regulations and all other applicable regulations. For purposes of measurement, communication tower setbacks and separation distances as listed below in Page 1 of 8 Section 580.3, "Performance and Construction Standards" shall be calculated and applied irrespective of municipal and county jurisdiction boundaries. B. All communication towers legally existing or which have received land use or building permit approval by the City on the effective date of this Ordinance shall be considered permitted uses, and shall be allowed to continue their usage as they presently exist, including routine maintenance, such as the replacement of antennas which do not involve an increase in the number of providers or a substantial increase in tower load due to construction on an existing communication tower. However, any other construction, including but not limited to structural modifications, shall comply with the requirements of this ordinance, with the exception of separation distances. C. All government towers with public safety systems or other communications equipment shall be exempt from the requirements of this section. D. All new communication antennas which are not attached to communication towers shall comply with Section 580.4 "Communication Antennas" below. §580.2. Permitted Uses. E. Any communication antenna which is not attached to a freestanding communication tower shall be a permitted ancillary use to any commercial, industrial, office, institution, or public utility structure. B. Communication antennas located on existing buildings or other non -tower type structures shall not be subject to the performance and construction standards for freestanding towers contained below in Section 580.3 pertaining to separation distances, fencing, landscaping, co- location, or any other standard only applicable to a freestanding tower. C. New freestanding communication towers shall not be allowed unless the applicant: 6. Proposes the communication facility within the permitted City Zoning Designations listed below: a. Industrial; b. Public; and, c. Heavy Commercial (by special exception only). 1. Secures approval from the City Council, through the normal development review and public hearing process upon showing: a. Completion of application requirements: 1) City application including legal description of site; 2) letter of intent of facility; 3) description of the tower, including technical reasons for its design; 4) site plan, including any accessory/shelter buildings, drawn to scale; 5) landscape buffering and fencing around proposed communication facility; 6) general capacity of the tower; 7) proof of ownership of proposed site; 8) copies of any easements necessary; and, 9) visual study of the area showing where within a one (1) mile radius any portion of the proposed tower may be seen. b. Demonstrated need or demand for the communication facility. c. Compliance with FCC technical emission standards. Page 2 of 8 d. Compliance with the performance and construction standards listed below in Section 580.3 e. Compliance with any additional requirements as set forth by the • City Council. §580.3. Performance and Construction Standards. F. Structural Design. New communication towers and modifications to existing structures including, without limitation, the addition of height, antennas or providers, shall be constructed in accordance with all City building codes. G. Setbacks. Communication tower setbacks shall be measured from the base of the tower, protruding building structure at the base of the tower, or the tower guy wires, whichever is closest to the property line of the parcel on which it is located. Communication towers and their accessory structures shall comply with the minimum setback requirements of the district in which they are located and the applicable street setbacks. In cases where there is a conflict between the minimum setback requirements and the street setbacks, the more restrictive shall apply. In addition, where there is a principal building housing a principal use located on the site, the communication tower and accessory structures to the tower shall be located behind the main building line. All communication tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from the development site perimeter a minimum distance of five (5) feet, or the minimum setback of the zoning district in which the communication tower is located, whichever is greater. H. Separation from off -site uses. 1. Communication tower separation shall be measured frm the base of the tower to the closest point of off -site uses and /or designated areas as specified in subsection C.2 below. For purposes of this requirement, Global Positioning System (GPS) coordinates for the center of the tower(s) may be used. 2. Separation requirements for communication towers from residentially zoned lands or residential uses shall comply with the following minimum standards. Tower Type Separation Distance Monopole or camouflaged 300% height of tower, up to a max of 200 feet Lattice 300% height of tower or 200 feet, whichever is greater Separation distances between communication towers. 1. Separation distances between communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and /or have received land use or building permit approval from the City or adjoining jurisdictions. 2. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. For purposes of this requirement, GPS coordinates for the tower(s) may be used. 3. The separation distances (listed in linear feet) shall be as follows: Page 3 of 8 Separation Distances Between Tower Types (including extra jurisdiction area) Lattice Monopole Monopole Self- 75 Feet in Less Than Proposed Supporting Height or 75 Feet Tower Types or Guyed Greater in Height Camouflaged or 500 500 250 monopole 75 feet in height or greater Camouflaged or 250 250 250 monopole Tess than 75 feet in height Lattice a. Waivers. 1,500 500 250 (1) A waiver from the minimum separation distances set forth in subsections 580.3.0 and D above may be approved through the special exception process in accordance with the procedures set forth in Section 252 of this Code when the proposed communication tower conforms to two (2) or more of the following criteria: (a) Camouflaging techniques approved by the City are incorporated into the design of the communication tower. (b) The tower is designed for the co- location of communication antennas for at least two (2) communication service providers. (c) The tower or towers within the required separation distance are all located in an industrial zoning district as a supplemental use. (d) The proposed location will minimize the visual impact of the proposed communication tower due to the bulk height, use, or appearance of the adjacent structures and surrounding area. E. Fencing. A chainlink fence or wall not Tess than eight (8) feet in height from finished grade shall be provided around each communication tower. Access to the tower shall be through a locked gate. F. Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of communication towers shall be required around the perimeter of the tower and accessory structures. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements. 1. A row of trees a minimum of three (3) inches at DBH (diameter at breast height) and a minimum of eight (8) feet tall and a maximum of twenty -five (25) feet apart shall be planted around the perimeter of the fence; and 2. A contiguous hedge at least thirty (30) inches high at planting capable of growing to at least thirty -six (36) inches in height within eighteen (18) months shall be planted in front of the tree line referenced above. G. Height. Page 4 of 8 1 The total combined freestanding height of any communication tower and antenna shall not exceed 200 feet from ground level. 2. Where installed on top of a building, no communication tower and antenna shall extend greater than forty percent (40 %) over the building height. 3. An existing communication tower may be modified to a taller height not to exceed twenty (20) feet over the tower's existing height, but only to a maximum combined tower and antenna height of 200 feet, to accommodate the co- location of an additional communication antenna(s). a. The height change referred to in this subsection may only occur one (1) time per communication tower. b. The additional height referred to in this subsection shall not require an additional distance separation. The communication tower's premodification height shall be used to calculate such distance separations. H. Type of construction. Communication towers shall be monopole or lattice construction; provided, however, camouflaged construction may be approved by the planning commission at a supplemental use hearing, upon consideration of the following factors in addition to those set forth in Section 400 of the zoning ordinance: 1. Compatibility with adjacent properties; 2. Architectural consistency with adjacent properties; 3. Visual impact on adjacent properties, including visual access of adjacent properties to sunlight; and 4. Design of accessory structures in order to be architecturally consistent with the existing structures on the site. A variance from the fencing and landscaping requirements of this section may be requested for such accessory structures. I. Development criteria. The parent tract, upon which the site for communication tower /antenna /equipment is located, shall comply with the minimum development criteria of the district in which it is located. J. Illumination. Communication towers /antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. At time of construction in cases where there are residential uses within a distance 300% of the height of the tower, dual lighting shall be requested from the FAA. K. Co- location. 1. Monopole communication towers shall be engineered and constructed to accommodate at least two (2) communication service providers. 2. Lattice communication towers shall be engineered and constructed to accommodate at least two (2) communication service providers. 3. Camouflaged communication towers may be engineered and constructed without accommodating additional communication service providers. 4. Communication towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers. Such towers shall be monopole construction and shall be subject to all of the requirements of this section. The substation shall be located within the zoning category specified above in subsection 580.2.C. All such supports and anchors shall also observe Page 5 of 8 a minimum horizontal setback from any overhead utility lines of not less than ten (10) feet. 5. Proposed communication antennas may, and are encouraged to, co- locate onto existing communication towers, provided such co- location is accomplished in a manner consistent with this section. 6. If determined by the City prior to construction that the proposed tower is situated in a location on public property which will benefit the City's communication systems, then the tower shall be engineered and constructed to accommodate the additional communication equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in engineering and construction of the tower to meet the City's needs. 7. The City shall be considered a communication service provider for purposes of the co- location requirements of this ordinance. 8. Onsite location. A communication tower which is being rebuilt to accommodate the co- location of an additional communication antenna may be moved onsite within fifty (50) feet of its existing location, however, the tower shall meet the setback requirements above in subsection 580.3.B. After the communication tower is rebuilt to accommodate co- location, only one tower may remain on the site. 9. A relocated onsite communication tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 580.3.D above. The relocation of a tower in accordance with this subsection shall in no way be deemed to cause a violation of this section. The onsite relocation of a communication tower which comes within the separation distances to residentially zoned lands or residential uses shall require special exception approval. 10. The modification or reconstruction of an existing communication tower to accommodate the co- location of two (2) or more communication antennas shall be permitted without new or additional supplemental use permit approvals, provided that the communication antennas are owned or operated by more than one (1) communication service provider and the co- location is accomplished in a manner consistent with the following requirements: a. Type of construction. The modification or reconstruction shall not change the communication tower from one type of tower to another except that any type of communication tower may be reconstructed as a monopole tower. b. Onsite location. The onsite relocation of a communication tower to a location within the minimum separation distance from residentially zoned property as set forth above in subsection 580.3.B shall only be permitted when notarized written consent is obtained from the owners of all residentially zoned property located within the minimum separation distance. L. Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination with the public safety system and /or public safety entities is required to ensure noninterference. M. Documentation. Documentation to demonstrate conformance with the requirement of this section shall be submitted by the applicant with all requests to construct, locate or modify a communication tower /antenna. A statement by the applicant as to how construction of the communication tower will accommodate co- location of additional antennas for future users shall be included within the documentation. Page 6 of 8 N. Signs and advertising. The use of any portion of a tower for sign or advertising purposes including, without limitation, company name, banner, or streamer is prohibited. O. Abandonment. In the event the use of any communication tower has been discontinued for a period of one hundred eight (180) consecutive days, the tower shall be deemed to have been abandoned. Determination of the date of abandonment shall be made by the zoning official who shall have the right to request documentation and /or affidavits from the communication tower owner /operator regarding the active use of the tower. Upon such abandonment, the owner /operator of the tower shall have an additional one hundred eighty (180) days within which to: 1. Reactivate the use of the tower or transfer the tower to another owner /operator who makes actual use of the tower; or 2. Dismantle and remove the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within one hundred eighty (180) days of abandonment, the City may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable, at the same rate and in like manner as provided for special assessments by Florida law. At the earlier of one hundred eighty -one (181) days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception, waiver and /or variance approval for the tower shall automatically expire. P Finished color. Communication towers not requiring FAA painting /marking shall be painted a non - contrasting flat blue, gray, or black finish. The color should be selected so as to minimize the equipment's visibility. Q. Certification of compliance with FCC. Certification of compliance with current Federal Communication Commission (FCC) Non - ionizing electromagnetic radiation (NIER) shall be submitted prior to receiving final inspection by the building department. §580.4 Communication Antennas A. The communication antenna must locate on towers or buildings which are at least thirty -five (35) feet in height. B. The communication antenna shall not exceed twenty (20) feet above the highest point of the communication tower. C. The communication antenna complies with all applicable FCC and FAA regulations; and D. The communication antenna complies with all applicable building codes and other provisions listed above in Section 580.3 of this ordinance to the extent applicable. SECTION 3. Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. Effective Date. The effective date for the enactment of this Ordinance shall be immediately upon its passage. Page 7 of 8 THIS ORDINANCE WAS CONSIDERED AND APPROVED for further consideration at the first reading and public hearing on the 21st day of March, 2000 during a regular session o, f tbPCity of Okeechobee City Council. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. lk, Mayor THIS ORDINANCE WAS CONSIDERED AND ADOPTED after the second reading and public hearing on the 4th day of April, 2000, during a regular session of the City of Oke- - • bee City Council. ATTEST: Bonnie S. Thomas, CMC, City Clerk Page 8 of 8 James Er Kirk, Mayor I. CALL TO ORDER - Chairman. PAGE 1 of 3 Land Planning Agency, February 22, 2000, 7:15 p.m. III Chairman Walker called the February 22, 2000 Land Planning Agency Meeting to order at 7:25 p.m. 11. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. 111 Secretary Castorina called the roll: Chairman Jerry Walker Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Agency Member Daniel Creech Alternate Agency Member Sandra Jones Agency Attorney John R. Cook Secretary Beatrice Castorina III. Minutes - Secretary. A. Motion to dispense with the reading and approve the Summary of Agency Action for the meeting of January 25, 2000. Present Absent Present Present Present Present Present Absent Present (Serving as a voting member) Present Present Member Mueller moved to dispense with the reading and approve the Summary of Agency Action for the meeting of January 25, 2000; seconded by Member McCoy. Walker Yes Jones Yes Keller Yes Ledferd Yes Mavroides Yes McCoy Yes Mueller Yes MOTION CARRIED. 055 056 056 February, 22 2000 - LAND PLANNING AGENCY - PAGE 2 OF 3 IV. NEW BUSINESS A. Consider a proposed Ordinance defining Attorney Cook informed the Agency Members that Attorney Gabriel forwarded additional proposed telecommunication towers - Attorney Cook (Exhibit 1). amendments to the Ordinance. He concurred with some of the proposed amendments, but not all of them. The following amendments were set out by Attorney Cook: Page three, Number nine Visual study of the area showing where within a three (3) mile radius any portion of the proposed tower may be seen." Attorney Gabiel wanted to change it to read one (1) mile radius. Page four, Number three, Separation distance (listed in linear feet). Attorney Giebel wanted to reduce this number to one third. Attorney Cook did not agree with this, but if an applicant could show criteria for a waiver then the reduction could be permitted. Page six, Number six, if a proposed site is on private property, the owner may impose reasonable terms for use of a telecommunications tower and/or tower site. Such terms may include requirements for rent etc., taking into consideration the capitalized cost of the telecommunications tower and land rental and other charges payable by the tower owner, the incremental cost of designing and constructing the tower. Attorney Gabriel suggested the City had no business regulating what a private property owner would charge or be required to divulge that information to the City. Attorney Cook agreed with that. Page eight, requirement for occupational license. Attorney Gabriel suggested it was unfair or unnecessary for this requirement. Attorney Cook stated he does not agree with that. He stated it is a business establishment in the City and intitled to an occupational license. Citizen Bill Freeman addressed the Agency and stated the City already has regulations for towers in the Land Development Regulation's and felt they should leave it as it is. Member Ledferd moved to recommend to the City Council to adopt the Telecommunication Ordinance and incorporate the changes Attorney Cook read, seconded by Member Keller. IV. NEW BUSINESS A. Consider a proposed Ordinance defining telecommunication towers - Attorney Cook (Exhibit 1) 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. erryXj Walker, Chairman ATTEST: Beatrice Castorina, Secretary February 22, 2000 - LAND PLANNING AGENCY - PAGE 3 OF 3 Walker - Yes Jones - Yes Keller - Yes Ledferd - Yes Mavroides - Yes McCoy - Yes. Mueller - Yes MOTION CARRIED There being no further items on the agenda, the meeting was adjourned at 7.50 p.m. 057 MARCH 21, 2000 - REGULAR MEETING - PAGE 8 OF 11 863 Vill. NEW BUSINESS CONTINUED. ITEM ADDED TO THE AGENDA: Consider a request from the Character Mayor Kirk stated he was asked by representatives of the Communities In Schools and the Character Counts program Counts program regarding the purchase of tags on City vehicles and if the City would purchase tags to go on City vehicles that read "Character Counts in Okeechobee" and approve the installing banners on City light poles at the City Limits - Mayor, installation of banners on City light poles at the City Limits that read "Character Counts in Okeechobee." The Ci would have to purchase the taps, but the banners would be purchased and maintained by the program. Council agreed to their request. B. Discuss a request from NUI City Gas Company of Florida for a Mr. Michael Palecki of NUI, City Gas Company addressed the Council regarding a proposed franchise to provide natural Franchise to provide Natural Gas Service in Okeechobee - Michael gas service to the City of Okeechobee. Following Mr. Palecki's presentation and answering the Council's questions, Palecki/George Lane (Exhibit 8). Attorney Cook requested permission to meet with Mr. Palecki to go over several items in the proposed franchise language, and schedule a workshop with the Council to review the document prior to it beii,g adopted. He continued 11 further by stating that local bottled companies may have an interest in this also. The Council agreed and authorized Attorney Cook to meet with Mr. Palecki and then contact the Mayor about scheduling a workshop for the Council. C.1. a) Motion to read by title only and set April 4, 2000 as a Public Council Member Watford moved to read by title only and set April 4, 2000 as a Public Hearing date for proposed Hearing date for proposed Ordinance No. 746 regarding Ordinance No. 746 regarding telecommunications; seconded by Council Member Oliver. telecommunications - City Attorney (Exhibit 9). VOTE b) Vote on motion to read by title only and set Public Hearing date. KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 746 by title only. Attorney Cook read proposed Ordinance No. 746 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 990, DEFINITION OF TERMS BY ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 580 INCLUDING COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE". 2. a) Motion to approve the first reading of proposed Ordinance No. 746. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 746; seconded by Council Member Oliver. 864 MARCH 21, 2000 - REGULAR MEETING - PAGE 9 OF 11 VIII. NEW BUSINESS CONTINUED. C. 2. b) Public comment. Mayor Kirk asked whether there were any questions or comments from the public, there were none. Attorney Cook thanked LaRue Planning and Management for all their hard work on this proposed ordinance. The Land Planning Agency held several meetings regarding what regulations should be in place within the City for telecommunication towers. Attorney Alan Gabriel also assisted with the ordinance. Mr. Jock Roberts of LaRue Planning briefly addressed the Council underscoring Attorney Cook's comments and noted a letter from Attorney Gabriel stating he approves of the ordinance and that he would like to make the letter part of the official record. c) Vote on motion. VOTE KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. D.1. a) Motion to read by title only and set April 4, 2000 as a Public Council Member Oliver moved to read by title only and set April 4, 2000 as a Public Hearing date for proposed Hearing date for proposed Ordinance No. 747 regarding fire Ordinance No. 747 regarding fire hydrants; seconded by Council Member Watford. hydrants - City Attorney (Exhibit 10). VOTE b) Vote on motion to read by title only and set Public Hearing date. KIRK - YEA CHANDLER - ABSENT MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 747 by title only. Attorney Cook read proposed Ordinance No. 747 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING FORMER SECTION 18.37 CODE OF ORDINANCES; PROVIDING FOR REGULATIONS FOR INSTALLATION, EXTENSION, REPAIR OR IMPROVEMENT OF WATER LINES AND SYSTEMS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE; REQUIRING THE INSTALLATION OF FIRE HYDRANTS; ESTABLISHING NATIONAL STANDARDS FOR INSTALLATION AND EXTENSION OF LINES AND PLACEMENT OF HYDRANTS; REQUIRING SITE AND PLAN APPROVAL; REQUIRING PERMITS; PROVIDING FOR INSPECTION, REVIEW AND REPAIR OF RIGHTS OF WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE". ,--A APRIL 4, 2000 - REGULAR MEETING - PAGE 4 OF 13 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 735 by title only 2. a) Motion to adopt proposed Ordinance No. 735. b) Public comment. c) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No. 746 regarding telecommunications - City Attorney (Exhibit 2). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 735 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN BASED ON NEW CHANGES IN THE GRUNTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUTES, TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA, AND ANALYSIS OF THE INTERGOVERNMENTAL COORDINATION ELEMENT AND THE FUTURE LAND USE ELEMENT IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR A TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Council Member Markham moved to adopt proposed Ordinance No. 735; seconded by Council Member Oliver. Mayor Kirk asked whether there were any questions or comments from the public, there were none. There was a brief discussion between the Council and City Planning Consultant, Jock Robertson of LaRue Planning, regarding an update that these amendments to the Future Land Use and In Coordination Elements of the Comprehensive Plan. These changes are due to state mandated changes in the Growth Management Laws specifically regarding school sitting issues. The Land Planning Agency recommended approval of these amendments unanimously. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 746 regarding telecommunications; seconded by Council Member Oliver. APRIL 4, 2000 - REGULAR MEETING - PAGE 5 OF 13 871 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 746 by title only. Attorney Cook read proposed Ordinance No. 746 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 990, DEFINITION OF TERMS BY ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 580 INCLUDING COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; 11 PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE". 2. a) Motion to adopt proposed Ordinance No. 746. Council Member Oliver moved to adopt proposed Ordinance No. 746; seconded by Council Member Markham. b) Public comment. Mayor Kirk asked whether there were any questions or comments from the public, there were none, City Planning Consultant, Jock Robertson, of LaRue Planning entered into the record a letter from Attorney Gabriel representing Nextel Communications, stating they had no objections to the language of the ordinance -as it was presented. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C.1. a) Motion to read by title only, proposed Ordinance No. 747 regarding Council Member Oliver moved to read by title only, proposed Ordinance No. 747 regarding fire hydrants; seconded by fire hydrants - City Attorney (Exhibit 3). 1 Council Member Watford.