1992-04-24 Morell to Drago MICHAEL WM. MORELL
ATTORNEY AT LAW
310 WEST COLLEGE AVENUE
ADMINISTRATIVE AND GOVERNMENTAL LAW TALLAHASSEE, FLORIDA 32301-140 6 ALSO ADMITTED IN THE
ENVIRONMENTAL AND LAND USE LAW DISTRICT OF COLUMBIA
(904) 425-8300
(904) 425-8301 FACSIMILE
April 24, 1992
John Drago
City Administrator
City of Okeechobee
55 Southeast Third Avenue
Okeechobee, Florida 34974
Re: DCA v. City of Okeechobee, DOAH Case No. 91-5962GM;
City of Okeechobee Comprehensive Plan Compliance
Proceedings .
Dear John:
Enclosed please find copies of the following items to assist
you in preparing for the adoption public hearing on May 19, 1992 at
which the City Council will consider adoption of the agreed upon
remedial plan amendments contained in the Stipulated Settlement
Agreement:
( 1) A copy of an ordinance which adopts only the amendments to
the plan' s objectives and policies (and not the revisions to
the Data & Analysis) ;
(2 ) A draft letter to Robert Pennock at DCA to be typed on
City stationary and mailed certified mail/return receipt
requested so that he receives it no later than Monday, May 4 ,
1992;
( 3 ) A Notice of Change of Land Use and Public Hearing of the
City Council of the City of Okeechobee to Consider a Proposed
Ordinance Adopting Amendments to the City of Okeechobee
Comprehensive Plan; and
(4 ) A draft of a suggested agenda item for the adoption public
hearing to be held on Tuesday, May 19, 1992 .
It is my understanding that you intend that the ordinance will
be read a first time at the Council Meeting scheduled for May 5,
1992 and will then be read a second time and considered for
adoption at the Council Meeting scheduled for May 19, 1992 .
Please make sure that Ruth Ellen saves copies of the letter to
Mr. Pennock as well as the return receipt card which the City will
receive back from the U.S. Postal Service after Pennock signs for
the letter.
1
t
1
John Drago
April 24 , 1992
Page Two
The required advertisement (see Item 3 above) should be placed
for publication in the Okeechobee News for publication on
Wednesday, May 13, 1992 . Please note that Section 163 . 3184 ( 15) (c)
contains four requirements for the advertisement: ( 1 ) it must be no
less than one-quarter page, (2) the headline shall be in a type no
smaller than 18 point, ( 3) the advertisement shall not be placed in
that portion of the newspaper where legal notices and classified
advertisements appear, and (4 ) that the advertisement be
accompanied with a geographic map of the City (use the same map the
City used when it printed the notice for the public hearing for
plan adoption last year on March 19, 1991) . The statute requires
these four things when the amendment "changes the permitted uses of
land or changes land-use categories . " Since the City is amending
the plan to change existing land use categories to add new
intensity requirements ( i .e. - the floor area ratio and maximum
impervious surface requirements contained in amendments to Policy
2 . 1 in Section 3 of the ordinance) , I recommend that the City
comply with all four of these requirements in publishing the
advertisement. Also, please note that the notice also refers to a
copy of the proposed ordinance and amendments to the plan (copy of
the Stipulated Settlement Agreement with Exhibits A & B) being
available at City Hall for public inspection prior to the hearing.
Also enclosed is a floppy disk with a copy of the ordinance on
a file named cpord. fin formatted in WordPerfect 5 . 1 so that Ruth
Ellen may edit and reprint a copy of the ordinance if we decide
that changes need to be made between now and the final adoption
hearing.
After you have read this letter and review the enclosed items
but before the ordinance is read a first time or the advertisement
is published in the paper, I would like to speak to you about a
conversation I had today with Councilman Watford concerning his
interest in discussing at the public hearing whether the City
should change the agreed upon language. He may wish to discuss
changing Policy 2 . 1 in Section 3 of the ordinance to reduce the
floor area ratio from 3: 1 to 2 : 1 for the commercial and industrial
development land use categories and also eliminate the requirement
that maximum impervious surface not exceed 85% of the site for
development in the commercial and/or industrial categories . Please
call me to discuss this issue as soon as possible.
If I can answer any questions, please do not hesitate to call .
i
John Drago
April 24, 1992
Page Three
With best personal regards, I am
Sincerely,
1 I wivt elutd9
Michael Wm. Morell
MWM:mm
Enclosures
cc . John Cook, City Attorney (with enclosures)