0645 Solid Waste/Water/ORDINANCE NO. 645
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE
FUTURE LAND USE ELEMENT, THE SANITARY SEWER, SOLID WASTE,
DRAINAGE, POTABLE WATER AND NATURAL GROUNDWATER RECHARGE
ELEMENT AND THE INTERGOVERNMENTAL COORDINATION ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF OKEECHOBEE WHICH CONTROLS
FUTURE LAND USE, GUIDES PUBLIC FACILITIES, AND PROTECTS
NATURAL RESOURCES PURSUANT TO THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT
(CHAPTER 163, PART II, FLORIDA STATUTES); PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapters 163 and 166, Florida Statutes, empowers the
City Council of the City of Okeechobee to prepare and enforce
comprehensive plans for the development of the City; and
WHEREAS, Sections 163.3161 through 163.3215, Florida Statutes,
the Local Government Comprehensive Planning and Land Development
Regulation Act, empowers and requires the City of Okeechobee to (a)
plan for the City's future development and growth; (b) adopt and
amend comprehensive plans, or elements or portions thereof, to
guide the future growth and development of the City; (c) implement
adopted or amended comprehensive plans by the adoption of
appropriate land development regulations; and (d) establish,
support, and maintain administrative instruments and procedures to
carry out the provisions and purposes of the Act; and,
WHEREAS, Ordinance No. 635 was enacted on March 19, 1991, to
adopt the City of Okeechobee Comprehensive Plan; and
WHEREAS, pursuant to Section 163.3184, Florida Statutes, as
amended, on April 21, 1992, the City Council of the City of
Okeechobee as the Local Planning Agency held a public hearing with
due public notice having been provided, and having reviewed and
considered all written comments received prior to the public
hearing and oral comments made during the public hearing,
recommended these amendments to the City of Okeechobee
Comprehensive Plan for adoption by the City Council of the City of
Okeechobee, and
WHEREAS, pursuant to Section 163.3184, Florida Statutes, as
amended, on May 19, 1992, the City Council of the City of
Okeechobee held a public hearing on these amendments after due
public notice having been provided, and with written advance notice
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B�3x 34 PACE 814
B% 334 PAGE 815
of such public hearing having been provided to the State Land
Planning Agency, and having reviewed and considered all written
comments received prior to the public hearing and oral comments
made during the public hearing, and
WHEREAS, in exercise of its authority the City Council of the
City of Okeechobee has determined it necessary and desirable to
adopt these amendments to the City of Okeechobee Comprehensive Plan
to preserve and enhance present advantages; encourage the most
appropriate use of land, water and resources, consistent with the
public interest; overcome present handicaps; and deal effectively
with future problems that may result from the use and development
of land within the City of Okeechobee, and to meet all requirements
of law.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City
of Okeechobee, Florida, as follows that:
SECTION I Purpose and Intent: This ordinance is hereby enacted
to carry out the purpose and intent of, and exercise the authority
set out in, the Local Government Comprehensive Planning and Land
Development Regulation Act, Sections 163.3161 through 163.3215,
Florida Statutes, as amended.
SECTION II Amendment: This ordinance does hereby adopt the
revisions and additions to the comprehensive plan's objectives and
policies provided in Sections 3 -5 of this ordinance, as amendments
to the City of Okeechobee Comprehensive Plan, and does hereby amend
the City of Okeechobee Comprehensive Plan in accordance therewith.
Section III Amendment of Future Land Use Element: Policies 2.1
and 2.2 of the Future Land Use Element of the City of Okeechobee
Comprehensive Plan are amended to read:
Policy 2.1: The following land use designations are
established for the purpose of managing future growth:
a) Single Family Residential. Permitted uses are one
single family dwelling on each lot and structures
accessory to the residential use, mobile home parks and
public facilities. Maximum density is four units per
acre for residential units on individual lots, and six
units per acre for residential units on individual lots,
and six units per acre for mobile home parks. Where
affordable housing is provided in accordance with Housing
Policy 1.6, the maximum density for single family
development shall be five units per acre.
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g 334 PACE 816
b) Multi Family Residential. Permitted uses include
apartments, duplexes, condominiums, single family houses
and public facilities. Maximum density shall not exceed
10 units per acre. Where affordable housing is provided
in accordance with Housing Policy 1.6, the maximum
density for multi family development shall be 11 units
per acre.
c) Commercial. Permitted uses include office, retail,
automotive wholesale, and related commercial activities.
Also permitted are public facilities. Commercial
development shall not exceed a floor area ratio of 3.00
and the maximum impervious surface for development within
this category shall not exceed 85% of the site.
d) Industrial. Permitted uses include large -scale
manufacturing or processing activities. Also permitted
are public facilities. Industrial development shall not
exceed a floor area ratio of 3.00 and the maximum
impervious surface for development within this category
shall not exceed 85% of the site.
e) Public Facilities. Permitted uses include parks,
schools, government buildings, fire stations and other
recreational and non recreational public properties. The
maximum impervious surface for development within this
category shall not exceed 85% of the site.
Policy 2.2: In accordance with property rights policies
adopted by the Central Florida Regional Planning Council
in the Central Florida Regional Policy Plan, the City of
Okeechobee recognizes and will protect private property
rights. In implementing the Comprehensive Plan, the city
will ensure that its land development regulations protect
the use and value of private property from adverse
impacts of incompatible land uses, activities and
hazards. Planning for land use and public facilities in
the city will consider private property rights, and
ensure citizen input into government land use decisions
affecting property rights.
By September 19 91•T- the laity- will- adept land- develepment
regulatioas Est I 46hi41g- ae- Envi reamentaI- 84te Review
pre eess -te -be appl-ieci --a- d development- opesa-le -The
Bavirenmeatal -Site- Review will- identify- eivirenmeatally
sensitive --areas- -and di. -t-0ns-- 1 €mi €eg development
petentialT rcco�i �neas}z�s tellii �}aage -te
natural systemsT- and ensure- the- struetural- integrity -e€
all -man- made- €aellities
The r ir-t r 4--a te-- Rev --w4.4 be --,ba -seal -e -the
€ellewing- infermatienr- to -be s hown a- eertitied- survey
supplied -by- the- applieantt
a} appropriate data -rid }eating whether sails --are
suitable- for- building- eenstruetieRf
b appropriate data-- ixdieatiag whether sails --are
suitable -fir -tire- eeptAo or s- -4-rf. -the -site
will set be served-- by-- publie-- sanitary- -sewer
facilities -at- the time -ef- development
e}--- areas-- des3gaa €ed --by- e- Soo Bler -Water
Management- istriet --a /=o-r -t-1 e--- Departmewt -e€
Ba�i�ea�ieatal Sege la tip--- e- s---- }e�isdiet #anal
wetlands;
d ty pe s aid -,appr o *mate loo& 4 o s- o -we€4a areas a s
spawn on Natieaal- 4;et-i -ands-- Iaveitery maps 4-I S
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B GK 334 PAGE 817
Bepa tweet --o e- -3 rte 4o F4 aed-- Wild1 €e
Serviee
e}--- existing- wetlands -en- site- as-ef- survey- date; -and
f} types and- leeatien -ef- existing vegetative:
Ws iag -the 3 wit -e 4A at4. -4:4 e-€ y- wi11- fermulate
fer-- eaoh-- 4eve1epme} t- propose -1 appropriate -4- st -ef
eeaditiens r4 e1 east appreva4 The- eend4t4ene -will
be- developed -by- the -Gity- Administrator -er- his- designeeT
in- eeasultatien- with- Gity- GeuneilT- and will address -the
€ellewing- ebj-eetivesT- where- applieable.
a}--- preventing --t degrada-t4-o of ---wa ems qea -1d4:y
Tayler- Greek;
133 preteeting- reaR4water a l it y r -par -i er -1-y-4n -the
vieinity- ef- munieipal- wells;
0---preserving-existing-wetland-areas;
614.--- avoiding tie-- 414e-taaL aeae--- o-f--- aatnr -a1 drainage
features;
e}--- preserving- habitat fir --e* 4anger- ed-and ,1er- threateased
wildlife- spee4es 4 ea. 4-es arm newn -te -be
present -in -the -area; -and
f pEeventing- rope ty--d ac e•- 4ue --te- €lood -i g- -soil
eempaetien --o-r ether-- p hyei- e a4-- eendit4ens -et- -the
site:
residential-- straetures shall -be exempted -from- -the
Bavirenmental- Site Review- preeess:
Upon Plan adoption, the City shall require that all
development proposals be accompanied by evidence that an
inventory of wetlands; soils posing severe limitations to
construction; unique habitat; endangered species of
wildlife and plants; and areas prone to periodic flooding
has been conducted. The City shall further require that
the extent to which any development or redevelopment is
proposed to be in /on, to disturb, or to alter the natural
functions of any of these resources be identified. Such
identification shall occur at a phase in the development
review process that provides the opportunity for the City
to review the proposed project to ensure that direct and
irreversible impacts on the identified resources are
minimized, or in the extreme, mitigated. Where
mitigation is approved, wetlands shall be replaced with
the same type and form that perform the same function as
the wetland lost to development. Where development is
determined to encroach upon a resource, the City shall
require a specific management plan to be prepared by the
developer, which results in no net loss of wetlands and
which includes necessary modifications to the proposed
development, specific buffers and setbacks, and
clustering of development away from site resources, to
ensure the protection, preservation or natural functions
of the resource. The minimum buffer for wetlands shall
be 25 feet and the average of all setbacks from the
wetland resource shall be 40 feet. Areas designated as
buffers shall preserve all natural vegetative cover,
except where drainageways and access paths are approved
to cross the buffer. Buffers may be supplemented only
with native trees, shrubs and ground covers.
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Section IV Amendments to Sanitary Sewer, Solid Waste, Drainage,
Potable Water and Natural Groundwater Recharge Element: Policies
7.1 and 7.2 of the Sanitary Sewer, Solid Waste, Drainage, Potable
Water and Natural Groundwater Recharge Element of the City of
Okeechobee Comprehensive Plan are amended to read:
Policy 7.1. The ty-- G Okeeehobee -M4-l4- takc -a
stormwater m�aag eme14454-u l:o-ideati €y at ual4 and
drainage- detkekeaGkes -meets -al-1 Plata -4 emeets -set
f
eh-in-&
ameaded-- 4-n--4A1 of-- .t -he- stud s--- vesirits -aad
reeemmeadatiens: By 1996 the City will initiate an
inventory study of the function and capacity of the
City's existing stormwater drainage facilities and
system. In addition to using any available funds of its
own, the city will request funding assistance from the
South Florida Water Management district to undertake this
study [9J- 5.011(2)(c)1].
Policy 7.2. The City will amend the comprehensive plan
to include the recommendations of the stormwater drainage
study, upon its completion.
Policy 7 :3: 7.3. Drainage facility improvements will be
provided according to the following priorities: (1) to
fulfill the city's legal obligations; (2) to prevent
further degradation of Taylor Creek; (3) to provide
adequate drainage for existing development in the city;
(4) to provide adequate drainage for new development in
the city; and (5) to extend municipal drainage facilities
to areas outside the city.
Section V Amendments to the Intergovernmental Coordination
Element: A new Objective 4 and new Policy 4.1 are
added to the Intergovernmental Coordination Element of the City of
Okeechobee Comprehensive Plan to read:
OBJECTIVE 4: The City shall coordinate with the Resource
Management Plan for the Lower Kissimmee River and Taylor
Creek Drainage Basins to the extent that such
coordination: (a) is consistent with the principle that
local governments and landowners alone should not be
forced to bear public burdens which, in all fairness and
justice, should be borne by the public as a whole; and
(b) would not result in inverse condemnation.
Policy 4.1: The City will coordinate with the Resource
Management Plan for the Lower Kissimmee River and Taylor
Creek Drainage Basins through the adoption of other
objectives and policies contained in this element and the
establishment of development review procedures designed
to provide the City with the opportunity to review
proposed development to ensure that direct and
irreversible impacts on environmentally sensitive areas
are minimized.
Section VI Applicability and Effect: The applicability and
effect of these amendments to the City of Okeechobee Comprehensive
Plan shall be as provided by the Local Government Comprehensive
Planning and Land Development Regulation Act, Section 163.3161
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through 163.3215, Florida Statutes, as amended, this ordinance, and
shall apply to all properties under the jurisdiction of the City of
Okeechobee except to the extent that such properties are exempted
or vested pursuant to law.
Section VII Conflict with other Ordinances and Codes: All
ordinances or parts of ordinances of the Code of Ordinances of the
City of Okeechobee, Florida, in conflict with the provisions of
this Ordinance are hereby repealed to the extent of such conflict.
Section VIII 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 IX Copy on File: To make the City of Okeechobee
Comprehensive Plan available to the public, a certified copy of the
enacting ordinance, as well as certified copies of the City of
Okeechobee Comprehensive Plan and any amendments thereto, shall be
filed with the City Clerk. The City Clerk shall also make copies
available to the public for a reasonable publication charge.
Section X Effective Date: This ordinance shall take effect
immediately upon its adoption and shall be recorded in the public
records of Okeechobee County, Florida.
Introduced for first reading and set for final hearing this
5th day of May, 1992.
ATTEST:
BONNIE THOMAS, CITY CLERK
ATTEST:
JAM F,/E. KIRK, MAYOR
11( 334 PAGE 819
Passed and adopted on second reading and public hearing this
19th of May, 1992.
izinD lirl3 i13 JO 31
o P'v1`101O
BONNIE THOMAS, CITY CLERK
90 :01 WV 1Z AVW Z6
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080338 Lei 03114
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