2014-02-18196
CITY OF OKEECHOBEE
FEBRUARY 18, 2014 REGULAR CITY COUNCIL MEETING
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
SUMMARY OF COUNCIL ACTION
AGENDA
I. CALL TO ORDER - Mayor.
February 18, 2014, City Council Regular Meeting; 6:00 p.m.
II. OPENING CEREMONIES:
Invocation to be given by Reverend Loy Mershimer, Okeechobee
Presbyterian Church; Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Mike O'Connor
Council Member Devin Maxwell
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director David Allen
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present a Certificate of Retirement to Jeff Baugh.
PAGE 1 OF 6
COUNCIL ACTION - DISCUSSION - VOTE
Mayor Kirk called the February 18, 2014, Regular City Council Meeting to order at 6:00 p.m.
The invocation was offered by Reverend Loy Mershimer of the Okeechobee Presbyterian Church; The Pledge of
Allegiance was led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Absent
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
On behalf of the City, Mayor Kirk and Fire Chief Smith presented to Jeff Baugh a plaque commemorating his 27 years
of service with the City and his retirement. The plaque read as follows: "Whereas, Mr. Jeffrey David Baugh began
his Firefighting career with the City of Okeechobee Fire Department on June 29, 1987; and Whereas, after four
years of outstanding performance in his duties as a Firefighter and Emergency Medical Technician, Jeff was
promoted to Fire Lieutenant on January 17, 1991, obtaining his Fire Inspector Certification on April 13, 1992;
and Whereas, during his tenure, his diligence to the field of fire fighting and prevention is evidenced by
obtaining 116 Certificates of Completion for attending seminars, conferences, and continuing education
classes; and Whereas, being admired by his fellow firefighters as impartial and fair, was elected to (continued)
AGENDA
IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
A. Present a Certificate of Retirement to Jeff Baugh continued.
B. Present a Ten -Year Longevity Service Award to Belen Reyna.
C. Proclaim the week of February 16 - 22, 2014 as "National Engineers
Week."
D. Proclaim the week of March 16 - 22, 2014 as "Sunshine Week."
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 2 OF 6 197
COUNCIL ACTION - DISCUSSION - VOTE
(continued from page 1) represent the department on the Employee Grievance Committee for 20 consecutive
years. Additionally, was awarded the Samaritan Officer of the Year in 1991 and 1992; and Now Therefore, this
certificate is presented upon 27 years of faithful public service, in recognition of Jeff's official retirement,
January 31, 2014. Retirement is a time to look back with admiration and a time to look forward with
anticipation. Your City family wishes you all the best on your next endeavor." Mr. Baugh was accompanied by
his comrades from the Fire Department and conveyed his appreciation to everyone.
On behalf of the City, Mayor Kirk and Police Chief Davis presented to Sergeant Belen Reyna a framed certificate which
read, "In recognition of your ten years of service, hard work, and dedication to the City of Okeechobee, its
citizens, and your fellow employees, February 9, 2004 to February 9, 2014." The commendation included an
embossed leather portfolio. In Chief Davis' presentation, he gave a biography of Sergeant Reyna, then elaborated,
he goes above and beyond the call of duty, is loyal and dedicated to the City, and his fellow workers. Sergeant Reyna
was accompanied by his family to celebrate this accomplishment and thanked the City for giving him the career
opportunity in public service.
Mr. Marcos Montes de Oca, member of the Treasure Coast Chapter of the Florida Engineering Society, received the
Engineers Week Proclamation presented by Mayor Kirk, and read into the record as follows: "Whereas, engineers
have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's
needs; and Whereas, engineers face the major technological challenges of our time - from rebuilding towns
devastated by natural disasters to designing an information superhighway that will speed our country into
this new century; and Whereas, engineers are encouraging our young math and science students to realize
the practical power of their knowledge; and Whereas, we will look more than ever to engineers and their
knowledge and skills to meet the challenges of the future. Now Therefore, I, James E. Kirk, by virtue of the
authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 16 through
22, 2014, as "NATIONAL ENGINEERS WEEK" in the City of Okeechobee."
On behalf of the City, Mayor Kirk read the following proclamation as follows: "WHEREAS, protection of every
Floridians right to access public records and government meetings, is a high priority in the City of
Okeechobee; and WHEREAS, an open and accessible government is vital to establishing and maintaining the
people's trust and confidence in their government and in the government's ability to effectively serve its
citizens; and WHEREAS, Sunshine Week is a national initiative to open a dialogue about the importance of
a transparent government and freedom of information, supporting the principles of open government, and the
public's right to know and have access; and WHEREAS, Sunshine Week grew out of Florida's (continued)
198
AGENDA
IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
D. Proclaim the week of March 16 - 22, 2014 as "Sunshine Week"
continued.
V. MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of
Council Action for the January 21, 2014, Regular Meeting.
VI. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
VII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCE - Mayor.
A. 1. a) Motion to read by title only, and set March 18, 2014, as a final public
hearing date for proposed Ordinance No. 1108, amending the Land
Development Regulations by adding a definition for Limited
Agriculture; creating a Division 15 -Rural Heritage; and by listing limited
agriculture as permitted uses in appropriate zoning districts - City
Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only, and set final hearing.
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 3 OF 6
COUNCIL ACTION - DISCUSSION - VOTE
(continued from page 2) Sunshine Sunday in 2002, in response to efforts by some Florida Legislators, to create
scores of new exemptions to the state's public records law; and WHEREAS, Sunshine Week is being promoted
by national, state and local officials, in an effort to increase public awareness of this right, and serve as a
reminder to those in government, to continue their commitment to abide by the Sunshine Laws. NOW
THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee,
Florida, do hereby proclaim March 16 -22, 2014, as "Sunshine Week" to promote dialogue about the importance
of open government and freedom of information, to increase information provided electronically and online,
and to ensure the public maintains their right to be heard at all City meetings and that such are duly noticed."
Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the
January 21, 2014, Regular Meeting; seconded by Council Member Watford. There was no discussion on this item.
VOTE
KIRK - YEA
WATFORD - YEA
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - ABSENT
MOTION CARRIED.
Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.
There were none.
MAYOR KIRK OPENED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCE AT 6:13 P.M.
Council Member Watford moved to read by title only, and set March 18, 2014, as a final public hearing date for
proposed Ordinance No. 1108, amending the Land Development Regulations by adding a definition for Limited
Agriculture; creating a Division 15 -Rural Heritage; and by listing limited agriculture as permitted uses in appropriate
zoning districts
Council; seconded by Council Member Williams.
VOTE
KIRK - YEA
WATFORD - YEA
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - ABSENT
MOTION CARRIED.
AGENDA
VII. PUBLIC HEARING FOR FIRST READING OF ORDINANCE CONTINUED.
A. 1. c) City Attorney to read proposed Ordinance No. 1108 by title only.
2. a) Motion to approve the first reading of proposed Ordinance No. 1108.
b) Public comments and discussion.
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 4 OF 6 199
COUNCIL ACTION - DISCUSSION - VOTE
Attorney Cook read proposed Ordinance No. 1108 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE FLORIDA, PROVIDING FOR AMENDMENT TO PART II -CODE OF ORDINANCES, SUBPART B-
LAND DEVELOPMENT REGULATIONS, CHAPTER 66- GENERAL PROVISIONS, BY ADDING A DEFINITION FOR
LIMITED AGRICULTURE TO SECTION 66 -1; CHAPTER 90- ZONING, ARTICLE III- DISTRICT AND DISTRICT
REGULATIONS, CREATING DIVISION 15 -RURAL HERITAGE (RH) DISTRICT, TO ADDRESS THE
PRESERVATION OF PROPERTY FORMERLY ZONED HOLDING IN SECTIONS 90 -434 THROUGH 90 -438;
DIVISION 2- RESIDENTIAL SINGLE - FAMILY ONE (RSF -1) DISTRICT, DIVISION 5- RESIDENTIAL MULTIPLE -
FAMILY(RMF) DISTRICT, DIVISION 10- INDUSTRIAL (IND) DISTRICT, BY ADDING LIMITED AGRICULTURE OF
A COMMERCIAL NATURE TO THE LIST OF PERMITTED USES TO SECTIONS 90 -102, 90 -192, AND 90 -342;
DIVISION 13- RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) DISTRICT, BY ADDING LIMITED
AGRICULTURE AS A PERMISSIBLE INTERIM USE TO THE LIST OF PERMITTED USES IN SECTION 90 -417;
PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE."
Council Member Maxwell moved to approve the first reading of proposed Ordinance No. 1108; seconded by Council
Member Watford.
In review, the Land Development Regulation amendments were discussed at length at the January 21, 2014, meeting
in relation to Ordinance No. 1107, with similar amendments to the Comprehensive Plan. The Council was clear they
do not want to jeopardize the 4H, Future Farmers of America, or show animal projects, wanting to make sure students
will be able to participate in raising their livestock animals, nor do they want to cause an owner to lose their agricultural
exemption status. The proposed amendments are being recommended for adoption by the Planning Board, from their
meetings on February 21, 2013, September 19, 2013, and October 17, 2013 recommending not to amend Code Book
Chapter (10) regulating Animals, nor further amendments to the RSF -1 zoning uses to broaden the types of animals
allowed.
City Planning Consultant, Mr. Bill Brisson of LaRue Planning and Management Services, reviewed the materials with
the Council, while responding to their questions and comments. The ordinance is written so that only those properties
currently zoned Holding will be permitted to choose the RH District zoning. No other properties, and no new ones will
be eligible to rezone to RH. The permitted uses will be detached single family dwellings with a minimum lot area of
two acres and 200 feet wide; Limited agriculture uses and associated structures for commercial or noncommercial
boarding, raising, and grazing of horses and cattle with a minimum lot area of one acre per animal; Noncommercial
raising or keeping of a maximum of three in total hogs, sheep, and goats with a minimum lot area of one acre per
animal.
200
AGENDA
VII. PUBLIC HEARING FOR FIRST READING OF ORDINANCE CONTINUED.
A. 2. b) Public comments and discussion continued.
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 5 OF 6
COUNCIL ACTION - DISCUSSION - VOTE
Noncommercial plant and vegetable gardens; or cultivation of hay for use or sale will not have a minimum lot area.
There are additional structure requirements to regulate minimum yard requirements, maximum lot coverage by all
buildings, maximum impervious surface and maximum height of structures.
Attorney Cook raised the question, regardless of zoning, the regulations in Code Book Chapter 10- Animals, permits
an individual to own up to three animals in a noncommercial environment. Those with more than three must provide
appropriate pens or shelter, and sanitary waste disposal. "Animal" is defined as any living dumb creature. This may
cause enforcement and implementation inconsistencies within the new RH zoning. He recommended that upon
adoption of proposed Ordinance No. 1108, the Council consider amendments to Chapter 10, to clarify any ambiguity.
Council Member Watford asked, so to clarify his interpretation, an owner with RSF -1 zoning can have what type of
agriculture use? Mr. Brisson answered, they would be governed by Chapter 10, all animal breeds are permitted. The
discussion briefly turned to whether vacant land was included in Chapter 10, since it implies the use of a house.
Attorney Cook interjected, that has never been the interpretation, the property can have structures or be vacant.
While discussing whether RH allowed a broader agriculture use compared to other zonings, Council considered
whether to delete the language that would not allow additional properties to be rezoned to RH, once the existing
Holding ones are finalized. After discussion, the consensus was to remove the limitation, as well as to revisit, Chapter
10- Animals. Council Member Maxwell moved to amend Section 2 of proposed Ordinance No. 1108, Division
15 RH District, Section 90-434, by deleting "and identified as Holding on the Zoning Map, as revised July 19,
2013" in paragraph (b); seconded by Council Member Watford.
The amendment proposes the paragraph to read: "The RH Zoning District may be applied to only lands designated
Single - Family Residential, Multi - Family Residential, Mixed -Use Residential, and Industrial on the Future Land Use Map
of the Comprehensive Plan." Mayor Kirk asked whether there were any comments from the public. There were none.
VOTE ON MOTION TO AMEND
KIRK - YEA
WATFORD - YEA
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - ABSENT
MOTION To AMEND CARRIED.
Mayor Kirk called for further discussion, comments or questions from the Council or the public. There were none.
1
i
AGENDA
VII. PUBLIC HEARING FOR FIRST READING OF ORDINANCE CONTINUED.
A. 2. c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
VIII. NEW BUSINESS.
A. Motion to ratify the appointment of Jack Boon to the Police Pension
Fund Board of Trustees, term February 19, 2014 to September 30,
2017, (replacing Russell Cale) - City Clerk.
IX. ADJOURN MEETING.
Please take notice and be advised that when a person decides to appeal any decision made by the City Council
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.
City Clerk media are for the sole purpose of backup for official records of the Clerk.
ATTEST:
Lane G. miotea, CMC, City Clerk
FEBRUARY 18, 2014 - REGULAR MEETING - PAGE 6 OF 6 201
COUNCIL ACTION - DISCUSSION - VOTE
KIRK - YEA
WATFORD - YEA
VOTE ON MOTION AS AMENDED
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - ABSENT
MOTION CARRIED As AMENDED.
MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE WielifffEEZ. AT 6:41 P.M.
Council Member Watford moved to ratify the appointment of Jack Boon to the Police Pension Fund Board of Trustees,
term February 19, 2014 to September 30, 2017; seconded by Council Member Williams. Council thanked Mr. Boon
for his willingness to serve.
VOTE
KIRK - YEA
WATFORD - YEA
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - ABSENT
MOTION CARRIED.
There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 6:42 p.m. The next
regular scheduled meeting is March 4, 2014, at 6:00 p.m.
NDEPENDENT
NEWSPAPERS
OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
J
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a____
in the matter of
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, .Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Toni Byrd
Sworn to and subscribed before me this
day of
Notary Public, State of Florida at Large
' 1 MY COMM SSIONiD BRIDGE
s EXPIRES: April 20, 2016
% ;od , Bonded Titre Notary Public Underwriters
AD
16 ' b. /� d6i57 (G .609
bou rte e
(863) 763 -3134
PUBLIC NOTICE: CITY COUNCIL MEETINGS
NOTICE IS HEREBY GIVEN that the Tuesday, February 4, 2014 City
Council Regular Meeting has been canceled.
The next regular scheduled meeting is Tuesday, February 18 2014,
6:00 p.m., or as soon thereafter as possible, at Oty Hall, 55 SE r3rd Ave,
Rm 200, Okeechobee, Florida. The public is Invited and encouraged to at-
tend. Contact Oty Administration at 863- 763 -3372, or website •
www.cltvofokeechobee.com, to obtain a copy of the agenda.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding 5 made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Ac(ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par -
tidpate In this proceeding, contact the City Clerk's Office no later than two
business days prior to proceeding, 863 - 763 -3372.
BE ADVISED that should you Intend to show any document, picture, video
or items to the Council In support or opposition to any Item on the agenda;
a copy of the document, picture, video, or Item MUST be provided to the
City Clerk for the City's records.
By: James E. Kirk, Mayor
Lane Gamiotea, CMC, Oty Clerk
461017 ON 1/31/2014
CITY OF OKEECHOBEE
FEBRUARY 18, 2014
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
I. CALL TO ORDER - MAYOR:
IL OPENING CEREMONIES:
February 18, 2014, City Council Regular Meeting, 6:00 p.m.
Invocation given by Rev. Loy Mershimer, Okeechobee Presbyterian Church;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk
Council Member Devin Maxwell
Council Member Mike O'Connor tt-A4 e4( t
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall ,/
City Attorney John R. Cook
Clerk Lane Gamiotea r/
Deputy Clerk Melisa Jahner
Police Chief Denny Davis --
Fire Chief Herb Smith �..
Public Works Director David Allen ✓�
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A.
B.
Present a Certificate of Retirement to Jeff Baugh. ,;tke42 LJJticT
Present a Ten -Year Longevity Service Award to Belen Reyna. G) /4L <
/ rC' (Ve
February 18, 2014 PAGE 2 OF 3
IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
C. Proclaim the week of February 16 - 22, 2014 as "National Engineers Week. " tit
D. Proclaim the week of March 16 - 22, 2014 as "Sunshine Week." CA-14'e -
Y
_bk.:11z tLe Ai
V. MINUTES - City Clerk
A. Motion to dispense with the reading hand approve the Summary of Council Action for the January 21, 2014 Regular Meeting.
etd,
VI. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda. %? nkf
VII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCE - Mayor. 6 .73
A. 1. a) Motion to read by title only and set March 18, 2014 as a final public hearing date for proposed Ordinance 1108, amending the Land Development
Regulations by adding a definition for Limited Agriculture; creating a Division 15 -Rural Heritage; and by listing limited agriculture as permitted uses in
appropriate zoning districts - City Planning Consultant (Exhibit 1). , d C?a,
b) Vote on motion to read by title only and set final hearing. ak. rc,C.
c) City Attorney to read proposed Ordinance No. 1108 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 1108. /CM, £tOcicte- . ,
b) Public comments and discussion'
c) Vote on motion.
CLOSE PUBLIC HEARING.
t5-14.. I() A..5 L_
VIII. NEW BUSINESS.
A. Motion to ratify the appointment of Jack Boon to the Police Pension Fund Board of Trustees, term February 19, 2014 to September 30, 2017 (replacing
Russell Cale) - City Clerk.
IX. ADJOURN MEETING.
•
0 (t L -JCcL: c�
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered
at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding
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.
In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to
participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863. 763 -3372.
BE ADVISED that should you Intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the documen
picture, video, or item must be provided to the City Clerk for the City's records.
February 18, 2014 PAGE 3 OF 3
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Office of the Mayor
City of Okeechobee, Florida
WHEREAS, Mr. Jeffrey David Baugh began his Firefighting career
with the City of Okeechobee Fire Department on June 29,
1987; and
WHEREAS, after four years of outstanding performance in his
duties of a Firefighter and Emergency Medical Technician,
Jeff was promoted to Fire Lieutenant on January 17, 1991,
obtaining his Fire Inspector certification on April 13, 1992;
and
WHEREAS, during his tenure, his diligence to the field of fire
fighting and prevention is evidenced by obtaining 116
Certificates of Completion for attending seminars,
conferences, and continuing education classes; and
WHEREAS, being admired by his fellow firefighters as impartial
and fair, was elected to represent the department on the
Employee Grievance Committee for 20 consecutive years.
Additionally, was awarded the Samaritan Officer of the Year
in 1991 and 1992; and
NOW, THEREFORE, this certificate is presented upon 27 years of
faithful public service, in recognition of Jeff's official
retirement, January 31, 2014. Retirement is a time to look
back with admiration and a time to look forward with
anticipation. Your City family wishes you all the best on your
next endeavor.
Mayor
ATTEST:
Lt.re (unucea
City Clerk
a Ii(3muk
ems.
City of Okeechobee
Office of the City Clerk
February 10, 2014
Mr. Jeff Baugh
3807 Southwest 13th Terrace
Okeechobee, FL 34974
Dear Lieutenant Baugh:
WOW what an accomplishment, 27 Years of Service! A presentation is being scheduled
at the very start of the City Council meeting, February 18, 2014, at 6:00 p.m., to recognize
your retirement and contributions to the City and to look back with admiration.
It is an honor for me to have the opportunity, along with the Council and Staff, to extend
to you, in most sincere good fellowship, "Congratulations, "YOU have made a difference
in the community by YOUR dedication to the City all these years. Your City family wishes
you all the best on your next endeavor.
Feel free to invite family members and friends so that they, too, may share in this special
occasion.
Sincerely,
it i7 (ex
Lane Gamiotea, CMC
City Clerk /Personnel Director
LG /mj
cc via email: Fire Chief Smith
55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686
Presented To:
BELEN REYNA
in Recognition of Your 10 -Years of Service,
Hard Work, and Dedication
to the City of Okeechobee, its Citizens, and your fellow employees
February 9, 2004 to February 9, 2014
Presented on this 18th day of February, 2014 on behalf of
the Mayor, and City Council, for the City of Okeechobee, Florida
Attest:
James E. Kirk, Mayor
ry)-16-f-to,„
Gamiotea, CM'. City Clerk
Melisa Jahner
From: Lane Gamiotea <Igamiotea @cityofokeechobee.com>
Sent: Tuesday, February 11, 2014 12:46 PM
To: City- Dennis Davis; City -Denny Davis; City -Bob Peterson; City - Terisa Garcia 2nd
Cc: City - Melisa Jahner; City -Marty Thomas; City -Brian Whitehall
Subject: B. Reyna - 10 yr service award & info
Attachments: B Reyna.pdf
Chief, below are highlights we have on file on Belen. Attached is a copy of the letter mailed to him today, & a copy of the
certificate you & the Mayor will be presenting to him along with an embossed portfolio;
Hope this will be helpful in preparing his bio for the presentation:
1995 OHS Graduate
2002 - 2/9/2004 City Auxiliary Officer
2/9/2004 hired Non - Certified police officer
8/4/2004 obtained LEO certification
2/4/2004 probationary evaluation ended
Evaluation added notations: Valuable asset in dealing w/ Spanish community (noted on many annual reviews)
8/18/2008: letter of accolade from citizen for his assistance going above & beyond to save their family pet
( ?) date — recently promoted to Sgt.
La/nei Earn e4t Qa mioteci CMC
City Cl e k'/Pev'sovtvt.eZ'AdAn ator
City of Me-echo-1)-ex,
55 Sov-thea4t 3' Aver
Okeechobee', EL 34974
863 - 763 -3372 e4t215
863-763-/686 fax,
863 - 697 -0345 cell
cityo fok hoe&. cony
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
1
aii8 mu\
- U (opt
City of Okeechobee
Office of the City Clerk
February 10, 2014
Mr. Belen Reyna
3785 Northwest 1st Street
Okeechobee, FL 34972
Dear Sergeant Reyna:
Time sure does fly when you are having fun! Can you believe it has been 10 years since
you first became a member of the "City Family." At this milestone the Mayor and Council
would like to take time during the February 18, 2014 meeting, to recognize your
contributions to the City. A presentation is being scheduled at the very start of the meeting,
which begins at 6:00 p.m., to extend to you a longevity service certificate and award.
As a way of saying "Thank You" to our employees for their dedication, I would also like to
point out that by reaching this milestone, there will be changes to your benefits. Beginning
this month, your annual leave accrual will increase to 10 hours per month and 50 percent
of your sick leave balance is eligible as a paid benefit, so long as separation with
employment is on good terms. You have met the number of years of service that Education
Reimbursement Contracts are no longer required. Then finally, you are now considered a
vested member of the Police Retirement Fund.
It is an honor for me to have the opportunity, along with the Mayor and Council, to offer a
most sincere, "Congratulations, for a job well done." May there be several more years to
come.
Should a scheduling conflict arise, please call my office, 763 -3372 ext. 215. We will be
sure and give you a reminder call the day of the meeting. Feel free to invite family
members and friends so that they too, may share in this special occasion.
Sincerely,
a-
Lane Gamiotea, CMC
City Clerk /Personnel Director
LG /mj
cc: via email Police Chief Davis
55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686
11.
WHEREAS, engineers have used their scientific and technical knowledge and skills in
creative and innovative ways to fulfill society's needs; and
WHEREAS, engineers face the major technological challenges of our time - from
rebuilding towns devastated by natural disasters to designing an information
superhighway that will speed our country into this new century; and
WHEREAS, engineers are encouraging our young math and science students to realize
the practical power of their knowledge; and
WHEREAS, we will look more than ever to engineers and their knowledge and skills to
meet the challenges of the future.
NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of
the City of Okeechobee, Florida, do hereby proclaim February 16 - 22, 2014 as
"NATIONAL ENGINEERS WEEK" in the City of Okeechobee.
In witness whereof I have hereunto set my
hand and caused this seal to be affixed.
Melisa Jahner
From: Robin Brock < rbrock @cityofokeechobee.com>
Sent: Thursday, February 13, 2014 3:40 PM
To: Melisa Jahner
Subject: FW: National Engineers Week Proclamation
Please see below for the recipient of the proclamation at Tuesday's meeting. O
Robin Brock
Executive Secretary
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Phone: (863) 763 -3372 x 212
Fax: (863) 763 -1686
Email: rbrockcityofokeechobee.com
Website: http: / /www.cityofokeechobee.com
NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure.
From: Zrallack, Dan [mailto:DZrallack @ardaman.com]
Sent: Thursday, February 13, 2014 3:25 PM
To: Robin Brock
Subject: RE: National Engineers Week Proclamation
Thank you Robin. I cannot be there but one of our past presidents (Marcos Montes De Oca, P.E. with MDO Engineering,
Inc.) will be there to accept the proclamation.
Ardaman
& Associates, Inc.
Dan J. Zrallack, P.E.
Branch Manager
Ardaman & Associates, Inc.
460 NW Concourse Place, Unit 1
Port St. Lucie, FL 34986
772 - 878 -0072 (phone), 772 - 216 -7388 (cell), 772 - 878 -0097 (fax)
dzrallack@ardaman.com
www.ardaman.com
This message may include confidential, proprietary or legally privileged information. Any dissemination or use of this information by anyone other than
the intended recipient is strictly prohibited. If you have received this message in error, please advise the sender by reply e -mail, and then delete this
message and any attachment from your system.
From: Robin Brock [mailto :rbrock @cityofokeechobee.com]
Sent: Thursday, February 13, 2014 2:55 PM
To: vicepresident @tcfes.org
Subject: National Engineers Week Proclamation
1
Good afternoon,
The proclamation you requested for National Engineers Week is on the agenda for our February 18, 2014 City Council
meeting. Who will be present to accept the proclamation?
Thank you.
Robin Brock
Executive Secretary
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Phone: (863) 763 -3372 x 212
Fax: (863) 763 -1686
Email: rbrockcityofokeechobee.com
Website: http://www.citvofokeechobee.com
NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure.
2
Office of the Mayor
Okeechobee, Florida
REAS) protection of every Floridians right to access public records and g °fie
meetings is a high priority in the City of Okeechobee; and
?REAS, an open and accessible government is vital to establishing and maintaining
people's trust and confidence in their government and in the government's abili
ejj'cLivelij serve its citizens; and
„
WHEREAS, Sunshine Week is a national initiative to open a dialogue about the importcifide.Of
a transparent government andfreedom of information, supporting the principles of open
government, and the public's right to know and have access; and
WHEREAS, Sunshine Week grew out of Florida's Sunshine Sunday in 2002, in response to
efforts by some Florida Legislators, to create scores of new exemptions to the state's public
records law; and
° WHEREAS, Sunshine Week is being promoted by national, state and local officials, in an effort
to increase public awareness of this right, and serve as a reminder to those in
government, to continue their commitment to abide by the Sunshine Laws.
NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the
City of Okeechobee, Florida, do hereby proclaim March 16-22, 2014, as "Sunshine
Week" to promote dialogue about the importance of open government and freedom of
information, to increase information provided electronically and online, and to ensure the
public maintains their right to be heard at all City meetings and that such are duly
noticed.
In witness whereof, on February 18, 2014, 1 have
hereunto set my hand and caused this seal to be a
ORDINANCE NO. 1108
EXHIBIT 1-
FEB 18, 2014
AGENDA
AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, PROVIDING
FOR AMENDMENT TO PART II -CODE OF ORDINANCES, SUBPART B-
LAND DEVELOPMENT REGULATIONS, CHAPTER 66- GENERAL
PROVISIONS, BY ADDING A DEFINITION FOR LIMITED AGRICULTURE
TO SECTION 66 -1; CHAPTER 90- ZONING, ARTICLE III - DISTRICT AND
DISTRICT REGULATIONS, CREATING DIVISION 15 -RURAL HERITAGE
(RH) DISTRICT, TO ADDRESS THE PRESERVATION OF PROPERTY
FORMERLY ZONED HOLDING IN SECTIONS 90-434 THROUGH 90 -438;
DIVISION 2- RESIDENTIAL SINGLE - FAMILY ONE (RSF -1) DISTRICT,
DIVISION 5- RESIDENTIAL MULTIPLE - FAMILY (RMF) DISTRICT,
DIVISION 10- INDUSTRIAL (IND) DISTRICT, BY ADDING LIMITED
AGRICULTURE OF A COMMERCIAL NATURE TO THE LIST OF
PERMITTED USES TO SECTIONS 90 -102, 90 -192, AND 90 -342; DIVISION
13- RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) DISTRICT,
BY ADDING LIMITED AGRICULTURE AS A PERMISSIBLE INTERIM USE
TO THE LIST OF PERMITTED USES IN SECTION 90 -417; PROVIDING
FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council for the City of Okeechobee, Florida adopted Ordinance No.
716, as amended, known as the Land Development Regulations, and codified within
the Code of Ordinances as Part II, Subpart B to provide consistency for growth and
development; and
WHEREAS, the City of Okeechobee, Florida has a legitimate interest in periodic review of
its ordinances and Land Development Regulations to address certain
inconsistencies or outdated regulations contained in the Code of Ordinances; to
make amendments to meet changing community standards, or to accommodate
new development; to create new ordinances or regulations to better serve the public
and to make the Code of Ordinances a more consistent and easier to understand
document; and
WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of
Okeechobee, Florida, recently reviewed the Code of Ordinances and Land
Development Regulations to determine areas of improvement; discussing proposed
amendments at duly advertised public workshops and meetings held on February
21, 2013, July 18, 2013, September 19, 2013, and October 17, 2013, and based on
findings of fact by Planning Staff, hereby recommends certain changes,
amendments or modification to the Code of Ordinances, to present to the City
Council for ordinance adoption and codification; and
WHEREAS, the City Council for the City of Okeechobee, Florida, has considered the
recommendations and concludes that each of the proposed amendments is in the
best interest of the City and its citizens; that said amendments are necessary and
appropriate to make the Code of Ordinances more consistent and responsive to the
needs of the City and its citizens.
NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City; that:
Language to be added is underlined
Language to Le dei.ted i. rm. k tiiiouyir
Ordinance No. 1108 - Page 1 of 5
SECTION 1: That Section 66 -1 Definitions of Chapter 66 General Provisions of the City
of Okeechobee, Florida, Code of Ordinances Part II, Subpart B Land
Development Regulations, is hereby amended by adding the following
definition which read as follows:
Limited agriculture means commercial or noncommercial boarding, raising
and grazing of horses and cattle; noncommercial raising or keeping of a
maximum of three in total number of hogs, sheep, and goats; noncommercial
plant and vegetable gardens; and cultivation of hay for use or sale.
SECTION 2: That the City of Okeechobee, Florida, Code of Ordinances Part II, Subpart
B Land Development Regulations, Chapter 90 Zoning, Article III Districts
and District Regulations, is hereby amended by adding a Division entitled
Rural Heritage (RH) District to be numbered as 15, and Sections: 90 -434
Generally, 90-435 Permitted Uses, 90 -436 Special Exception Uses, 90 -437
Customary Accessory Uses, and 90 -438 Lot and Structure Requirements,
which said Sections read as follows:
Division 15. Rural Heritage (RH) District
Section 90 -434. Generally.
(a) There are, within the City, parcels of land or ownerships (even though
technically subdivided) that are presently undeveloped or used for
agricultural purposes and were formerly zoned Holding, a zoning district
no longer in existence. The City wishes to preserve the potential for
limited agricultural use on these properties through creation of the RH
District.
ILDj The RH Zoning District may be applied only to lands designated Single -
Family Residential, Multi- Family Residential, Mixed -Use Residential, and
Industrial on the Future Land Use Map of the Comprehensive Plan and
identified as Holding on the Zoning Map, as revised July 19, 2013.
(c) Uses in the RH District shall be subject to the regulations of this division.
Section 90 -435. Permitted Uses.
The following principal uses and structures are permitted in the RH District:
al Detached single- family dwellings
(2) Limited agricultural uses and associated structures for the commercial or
noncommercial boarding, raising and grazing of horses and cattle; non-
commercial raising or keeping of a maximum of three in total number of
hogs, sheep and goats; noncommercial plant and vegetable gardens; and
cultivation of hay for use or sale.
Section 90 -436. Special Exception Uses.
The following uses and structures are permitted in the RH District after the
issuance of a Special Exception Use Petition.
(1) Permitted uses in excess of 30 feet in height.
Reserved.
Language to be added is underlined
Ordinance No. 1108 - Page 2 of 5
SECTION 2: CONTINUED, ADDING RH District:
Section 90 -437. Customary Accessory Uses.
Each permitted principal use and special exception use in the RH District is
also permitted to have the customary accessory structures uses for that use.
Section 90 -438. Lot and Structure Requirements.
(1) Minimum lot area.
Except where further restricted by these regulations for particular use,
minimum requirements for the RH District shall be as follows:
a. Single- family dwelling: Area Two (2) acres
Width 200 feet
b. Commercial or noncommercial, boarding, raising, and grazing of
horses and cattle: one (1) acre per animal
c. Non - commercial raising or keeping of hogs, sheep, and goats: one (1)
acre per animal
d. Other permitted principal uses and structures: None, except as
needed to meet all other requirements set forth herein.
(2) Minimum yard requirements.
The minimum yard requirements in the RH District, except where greater
distance is required by yard setbacks, shall be as follows:
a. Single- family dwelling: Front 25 feet
Side 10 feet
Rear 10 feet
Waterfront 20 feet
b. Other permissible structures: Front 25 feet
Side 20 feet
Rear 20 feet
Waterfront 20 feet
(3) Maximum lot coverage by all buildings.
a. Single- family dwelling: 45 percent
b. Other permissible principal uses: 45 percent
(4) Maximum impervious surface.
a. Single- family dwelling: 55 percent
b. Other permissible principal uses: 55 percent
(5) Maximum height of structures.
a. Single- family dwelling: 30 feet
b. Other permissible principal uses: 30 feet
Language to be added is underlined
Language to be deletcd is struck through
Ordinance No. 1108 - Page 3 of 5
SECTION 3: That Section 90 -102 Permitted Uses of Chapter 90 Zoning, Article III
Districts and District Regulations, Division 2 Residential Single Family -
One (RSF -1) District, of the City of Okeechobee, Florida, Code of
Ordinances Part II, Subpart B Land Development Regulations, is hereby
amended by adding item (6) to read as follows:
(6) Limited agriculture of a commercial nature on properties on which there
is an active agricultural exemption, which was granted by the
Okeechobee Property Appraiser not later than September 19, 2013.
SECTION 4: That Section 90 -192 Permitted Uses of Chapter 90 Zoning, Article III
Districts and District Regulations, Division 5 Residential Multiple Family
(RMF) District, of the City of Okeechobee, Florida, Code of Ordinances Part
II, Subpart B Land Development Regulations, is hereby amended by adding
item (8) to read as follows:
al Limited agriculture of a commercial nature on properties on which there
is an active agricultural exemption, which was granted by the
Okeechobee Property Appraiser not later than September 19, 2013.
SECTION 5: That Section 90 -342 Permitted Uses of Chapter 90 Zoning, Article III
Districts and District Regulations, Division 10 Industrial (IND) District, of
the City of Okeechobee, Florida, Code of Ordinances Part II, Subpart B Land
Development Regulations, is hereby amended by adding item (29) to read
as follows:
(29) Limited agriculture of a commercial nature on properties on which
there is an active agricultural exemption, which was granted by the
Okeechobee Property Appraiser not later than September 19, 2013.
SECTION 6: That Section 90 -417 Permitted Uses of Chapter 90 Zoning, Article III
Districts and District Regulations, Division 13 Residential Planned Unite
Development (PUD -R) District, of the City of Okeechobee, Florida, Code
of Ordinances Part II, Subpart B Land Development Regulations, is hereby
amended by adding item (4) under paragraph (a) and item (7) under
paragraph (b) to read as follows:
(a) (4) Limited agriculture shall be permissible as an interim use until such
time as urban development is undertaken in accordance with an
approved planned development.
(b) al Limited agriculture shall be permissible as an interim use until such
time as urban development is undertaken in accordance with an
approved planned development.
SECTION 7: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 8: Severability. If any provision or portion of this ordinance is declared by a
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.
Language to be added is underlined
Language to be delcted is struck through
Ordinance No. 1108 - Page 4 of 5
SECTION 9: Effective Date. As provided in Florida Statute 166.041(4), this Ordinance
shall become effective 10 days after passage.
INTRODUCED at a duly advertised Public Hearing for First Reading as provided by Florida
Statute 166.041(3)(c)2., and set for Final Public Hearing on this 18th day of
February, 2014.
ATTEST:
Lane Gamiotea, CMC, City Clerk
James. E. Kirk, Mayor
PASSED AND ADOPTED on Second Reading at a duly advertised Final Public Hearing
on this 18th day of March, 2014.
ATTEST: James. E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
GL U IJ JU UGI� 1I 11 V
Ordinance No. 1108 - Page 5 of 5
v
1
1
AGENDA
VIII. PUBLIC HEARING FOR FIRST READING OF ORDINANCES CONTINUED.
B. 2. b) Public discussion and comments continued for proposed Ordinance
1093.
c) Vote on motion.
sw Discussion regarding additional instructions due to proposed
Ordinance No. 1093 being voted down.
Oct 16, 2012
CC to PB: Consider
OCTOBER 16, 2912 • REGULAR MEETING - PAGE 12 OF 17 10
COUNCIL ACTION - DISCUSSION - VOTE
Council Member Watford moved to amend proposed Ordinance No. 1093, by returning it to the Land Planning Agency
with the recommendation to create a holding category to include light agriculture and to request that they give these
property owners the opportunity to choose either the Holding or the appropriate zoning. The motion to amend was then
withdrawn from the floor as the Council considered it better to start the entire matter over with additional instruction.
Mayor Kirk called for a vote to approve the first reading of proposed Ordinance No. 1093.
VOTE
KIRK - No
readopting old Holding
Zoning District &
Regulations
MAXWELL• No O'CONNOR•No
Council Member Watford moved to send the proposed rezonings back to the Land Planning Agency (Planning
Board), that they consider a recommendation to create a Holding zoning category to include light agriculture
uses, that they give the effected property owners an opportunity to either remain at Holding or choose the
appropriate zoning; seconded by Council Member O'Connor.
In response to Council Member Maxwell's question of whether this course of action would necessitate the City to
create a Holding FLU classification, Planner Brisson responded, to keep the Holding zoning district, we would need
to add the wording in the Comprehensive Plan. The Council was clear that they are not wanting to create a Holding
FLU classification, nor a means to change the FLU map to Holding. What they want addressed are issues such as
the Holding zoning allowing light agriculture uses and that this zoning is allowed within certain FLU categories. The
Planning Board will need to ensure they review all the FLU categories so not to exclude any that are already in use,
as there may be other FLU categories that will require Holding zoning and /or light agriculture uses addressed.
In addition, the Planning Board should consider amending the Zoning District categories and create regulations for
a Holding zoning, using the previously adopted "orange book" as a guide. They should also look at adding light
agriculture uses in other Permitted Principal Uses for other Zoning Districts as the City allows this use. Council Member
Maxwell also asked whether addressing the issues in this manner still meet the purpose of the EAR? Mr. Brisson
replied, essentially yes, as the purpose of the EAR, was to make the Comprehensive Plan and Zoning complimentary.
Council Member Watford asked Attorney Cook whether he needed to abstain from voting since he is a Trustee of one
of the subject properties. Attorney Cook replied he did not think so as it is not a personal gain.
KIRK • YEA
WATFORD - YEA
VOTE
MAXWELL - YEA
WILLIAMS • YEA
O'CONNOR -YEA
MOTION CARRIED.
1
AGENDA
VI. NEW BUSINESS - CONTINUED.
A. Consider and discuss proposed Comprehensive Plan, Future Land Use
Element Text Amendments for recommendation to City Council - Senior
Planner (Exhibit 3, Attachment A).
B. Consider and discuss amendments to the Land Develop
Regulations for recommendation to City Council - Senior Plan
(Exhibit 3, Attachment 8).
(2)NOTE: This motion has to be reconsidered a
this item was not advertised as a Public
Hearing, nor presented during a Public Hear
See May 16, 2013 Minutes.
1st PB Recommendatior.
Feb 21, 2013
Readopt Holding
FEBRUARY 21, 2013 - PLANNING BOARD - PAGE 8 OF 9 4 1 9
ACTION - DISCUSSION • VOTE
Board Member Burroughs moved to recommend that the City Council amend the Comprehensive Plan FLU Element,
Objective 2, Policy 2.1:d) Commercial, to add a paragraph No. 3 identifying and creating the purpose of a Commercial
Corridor along North Park Street (State Road 70) and North /South Parrott Avenue (US Highway 441); add a paragraph
No. 4 identifying and creating the purpose of a Transitional Commercial Overlay FLU sub category; and add a map 1.2
identifying the properties; seconded by Board Member Ritter.
VOTE
HOOVER -YEA
BURRouGHS -YEA BAUGHMAN -YEA
A
BRASS-ABSENT KELLER - YEA
(2)
Planner Brisson reviewed the Planning Staff recommendations in memorandum dated January 22, 2013, which amends
the Land Development Regulations (LDR's) to add a Holding Zoning district and regulations. As requested by the City
Council, he used the 1978 Zoning regulations (orange book), as a guideline. Differences from the proposed to the 1978
Regulations are:
Proposed
Permitted uses: Single Family Homes
Special Exception uses:
1978 Regulations
Single Family Homes, Public and Private Schools,
Government owned and and recreational facilities,
Railroad Rights -of -way, House of Worship on 5
acres or more
Permitted use in excess Golf course, country club, Public utility building/
of 30 feet facility, Private recreation facilities or communities
Customary accessory uses Customary accessory uses
Minimum lot requirements area: 2 acres, 200 feet wide 10,000 square feet, 75 feet wide
Minimum yard requirements:
Front: 25 feet
Side: 10 feet
Back: 10 feet
Waterfront: 20 feet
Front: 25 feet
Side: 10 feet
Back: 10 feet
Waterfront: 20 feet
CottiNued...
430
AGENDA
V. PUBLIC HEARING CONTINUED.
C. 2. Public comments or questions from those in attendance, or
submitted to the Board Secretary.
3. Disclosure of Ex -Parte communications by the Board.
4. a) Consideration of a motion to recommend the City Cou
approve or deny Text Amendment.
b) Board discussion.
c) Vote on motion
ay
201
MAY 16, 2013 - PLANNING BOARD - PAGE 6 OF 9
ACTION - DISCUSSION - VOTE
Chairperson Pro -Tem Brass asked whether there were any comments or questions from those in attendance. There was
none.
Chairperson Pro -Tem Brass asked whether Board Members had ex -parte communications to disclose for the record.
Board Member Baughman made a motion to create the category Holding. This motion died for a lack of a second.
Board Member McCreary made a motion regarding the Comprehensive Plan Future Land Use Element Text Amendment
to accommodate the inclusion of limited agriculture uses in all Future Land Use categories, provided the property is
zoned Holding, to withhold any decisions tonight and to plan a session with the City Council and the public in Public
Hearing format to further appropriately resolve the matter; seconded by Board Member Ritter.
Chairperson Pro-Tem Brass asked whether there was any further discussion. Board Member Baughman was concerned
that nothing would come from having this session with the City Council and the public, as the public did not show up the
last time and it was advertised as a Public Hearing. Board Member Ritter pointed out that the majority of the Board was
not present at the City Council meeting when this topic was up for discussion and he really wanted to sit down and be
eye to eye with the Council, as they had struggled with this issue as well.
Attempting 2nd
Recommendation, PE
requests WKSP for
direction
HOOVER - ABSENT
MCCOY - ABSENT
VOTE
BURROUGHS -ABSENT BAUGHMAN - YEA
RITTER - YEA CREASMAN • YEA
BRASS - YEA
MCCREARY • YEA
KELLER - YEA
MOTION CARRIED.
The recommendation will be forwarded to the City Council for consideration at a final Public Hearing on a date to be
determined.
vlaximum lot coverage:
Single family dwelling:
)ther uses:
Proposed 1978 Regulations
45 percent
45 percent
vaximum impervious surface:
Single family dwelling: 55 percent
Dther: 55 percent
30 percent
25 percent
Not addressed
v!aximum Height:
Single family dwelling: 30 feet 30 feet
)ther: 30 feet 30 feet
420
FEBRUARY 21, 2013 • PLANNING BOARD • PAGE 9 OF 9
AGENDA
VI. NEW BUSINESS CONTINUED.
B. Consider and discuss amendments to the Land Develop
Regulations for recommendation to City Council - Senior Planner
3, Attachment B).
VII. ADJOURNMENT - Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by
the Planning Board/Board of Adjustment and Appeals 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. General Services media are for the sole purpose of
backup for official records.
ATTEST:
Patty M. BLBette, Secretary
Dawn
T
ver, Chairperson
3oard Member Burroughs moved to recommend to City Council to amend the LDR's to adopt a Holdings Zoning district,
Ind regulations as presented by Planning Staff, Exhibit 4; seconded by Board Member Ritter,
VOTE
HOOVER - YEA BURROUGHS -YEA BAUGHMAN•YEA BRASS •ABSENT KELLER•YEA
MCCOY - ,ASSENT RITTER- YEA CREASMAN • N/A MCCREARY • YEA MOTION CARRIED
ere eing no u r ems on llle agen a, alrpe .
98
AGENDA
III. ITEMS FOR DISCUSSION CONTINUED.
A. Discuss the proposed Holding Zoning District continued.
July 18, 2013
Joint Workshop
Specific Issues
discussed relating to
allowing agriculture
uses in various zoning
districts, for both
commercial & noncommercial
use
JULY 18, 2013 - CC & PB JOINT WORKSHOP - PAGE 2 of 4
DISCUSSION
In January of 2011, by Resolution No. 2011 -01, the Council adopted the Evaluation and Appraisal Report (EAR) as
required by Florida Statute 163.3191, to periodically assess the success and /or failure of the Comprehensive Plan,
which offers a policy for guidance of growth and development for a certain time period. The EAR addresses the
changing conditions of the community, identifies major issues of concern, and proposes changes. One area of concern
in the EAR, are the conflicts between the Zoning and the Future Land Use Maps. The Planning Board held several
workshops and a Public Hearing in 2012 to review and discuss the properties with a Holding Zoning District, and made
recommendations to change the zoning based on information and recommendations provided by the City's Planning
Consultant. However, at the October 16, 2012 City Council Public Hearing, the owners of the larger parcels, with a
Holding zoning and agriculture use and/or exemption disagreed with the recommendations, and raised concern over
losing their exemptions. The Council only approved five zoning changes for properties that had an accompanying
Future Land Use Amendment (see Ordinance No's. 1092, 1093, and 1095).
As requested by Council, the Planning Board re- reviewed, considered, and recommended the City re -adopt a Holding
Zoning District, with agricultural uses. These proposed changes will be submitted to the Council as a Land
Development Regulation amendment. However, the Future Land Use Element, which govems what zoning districts
are permitted in which types of Future Land Use Classifications, would need to be amended first in order to adequately
address the new zoning. The Planning Board expressed concern with the direction of the Comprehensive Plan
amendment and requested the workshop.
During the discussion, several specific areas were noted, one was how to adequately address properties that have
an agriculture exemption, as the City does not want to put their exemption in jeopardy. There are currently 17
properties within the City with this exemption. Thirteen are zoned Holding, the others are zoned Industrial, Residential
Multiple Family, Residential Single Family -1, and Planned Unit Development - Residential. All have some type of an
agriculture existing use.
The properties currently zoned Holding, with agricultural uses and exemptions will most likely be the easiest to
address. The Holding Zoning District as proposed, could be the criteria for the properties to meet in order to remain
as Holding, and they would include a broad enough definition to allow current agricultural uses to remain. Should the
property sell, the new owners would be allowed to keep the same zoning and use. The majority does not want any
new properties rezoned to Holding, only those eligible to be Holding will remain. When the amendments are adopted,
the properties addressed will either remain Holding or change. This will be the final opportunity for owners to obtain
a Holding Zoning in the City.
t2ONti.VU&d...
AGENDA
III. ITEMS FOR DISCUSSION CONTINUED.
A. Discuss the proposed Holding Zoning District continued.
JULY 18, 2013 - CC & PB JOINT WORKSHOP • PAGE 3 OF 4 99
DISCUSSION
There was a discussion relating to renaming the zoning to either Light Agriculture or Heritage, as was adopted by
Martin County to resolve this same type of situation. The Planning Board will have the option of creating a new title
in their recommendation.
Turning to smaller properties, currently zoned Holding, that are either vacant or have a residential use would most
likely not be able to meet the criteria to remain, and would need to be rezoned based on appropriate existing and
surrounding uses.
Citizen, Mr. Mack "Hoot" Whorley, Jr., announced he was there to advocate for exempting the 4 -H and Future Farmers
of America (FFA) projects, and for the youth of the community. He then explained he rents out a home at 1115
Southwest 8`" Street. Next door is an empty lot, appropriately fenced with a horse on it. The owner of the horse is a
young girl who lives on the other side. The two lots have different owners. She rides the horse everyday. During
livestock show season she raises an animal, housing it in the fenced lot as well. His tenants do not have a problem
with the animals, they enjoy them, and he cautioned adopting any changes that would prohibit this type of situation
as there are similar cases all throughout the City. Mr. Whorley also explained he recently discovered that a horse is
not considered an agriculture or livestock animal, unless its used for breeding, but is classified as a recreational
animal.
Both the Council and Board wanted to be clear that they did not want to jeopardize the already established make -up
of Okeechobee. Residents have bought property and moved their families here based on a lifestyle they cannot get
along the coast or other areas in Florida. People want to be able to live with their livestock which is a critical element
of the community's heritage and industry. The 4 -H and FFA students are supported and encouraged to participate in
county fairs, livestock events and sales throughout the year. The City does not want to create a problem for those
students and cause them not to be able to participate simply because they live in the City Limits.
Planner Brisson explained that situations where there is a principal use on the property, will allow an adjacent
accessary use of Light Agriculture, however, it should be clearer in the Code. Clerk Gamiotea explained of another
scenario where the property is not zoned Holding, does not have a principal use, and is used from time to time by the
4 -H and FFA students to raise their show animals. It was recommended that these types of situations be documented
and handled in a separate ordinance, amending either the Animal section of the Code or the Land Development
Regulations so that it is allowed, but not to create a nuisance to the surrounding residents.
Council Member Maxwell added, while we are addressing these, we should be pro- active and address the commun
gardens that have become popular recently. The majority agreed.
&Ntrnued... ••
100
AGENDA
ill. ITEMS FOR DISCUSSION CONTINUED.
A. Discuss the proposed Holding Zoning District continued.
JULY 18, 2013 - CC & PB JOINT WORKSHOP - PAGE 4 OF 4
Several Planning Board Members took a moment to thank the Council for allowing the joint workshop, it seems to have
been productive and will assist them in making their recommendation on these issues.
Mayor Pro -Tem Watford thanked everyone for their time. Planner Brisson should have the information needed to draft
amendments to present to the Planning Board who can then take as many meetings as necessary until the
is the wa the ma'orit wants to resent it then the Council will have a chance at them.
B. Discuss proposed changes to the Future Land Use categories and
map as they relate to Holding Zoning and Limited Agriculture Uses -
Planning Consultant Brisson.
IV. ADJOURN MEETING - Mayor Pro - Tempore.
Please take notice and be advised that when a person decides to appeal any decision made by the City
Council 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. City Clerk media are for the sole purpose of backup for offidal records of the Clerk.
ATTEST:
Lane Gamiotea, CM City Clerk
James E. Kirk, Mayor
The discussion did not include specifics to the Future Land Use categones. However, Mayor Pro -Tem Watford was
assured Planner Brisson had all the necessary information to draft the appropriate amendments for the Planning
Board.
There being no further discussion, Mayor Pro -Tem Watford adjourned the Workshop at 7:33 p.m. It was mentioned
the proposed amendments would be considered at the September 19, 2013 Planning Board Meeting.
444
AGENDA
V. PUBLIC HEARING CONTINUED.
B. Consider amending the Future Land Use Element (FLUE),
Comprehensive Plan, Policy 2.1 continued.
Sep 19, 2013
PB 2nd Recommendation
Adopt RH, allow some ag uses
under certain conditions
CLOSE PUBLIC HEARING - Chairperson.
VI. NEW BUSINESS.
A. Consider amending Land Development Regulations, Code B
Article 111, by adding Division 15, Rural Heritage Zoning District - Se
Planner (Exhibit 3).
1. Hear from Planning Staff.
2. Public comments or questions from those in attendance
submitted to the Board Secretary.
3. Disclosure of Ex -Parte communications by the Board.
4. a. Motion regarding amending Code Book Article III, by ad.
Division 15, Rural Heritage Zoning District.
b. Board discussion.
c. Vote on motion.
SEPTEMBER 19, 2013 - PLANNING BOARD - PAGE 4 OF 7
ACTION - DISCUSSION - VOTE
Policy 2.1 e) Industrial. Permitted uses include large -scale manufacturing or processing activities,
business offices and schools, wholesaling and warehousing, public facilities, public utilities, limited retail and service
uses, and off -site signs, limited agriculture and accessory uses customary to permissible uses. Other uses related to .
and consistent with industrial development such as adult entertainment salvage yards fortunetellers, bulk storage of
hazardous materials and manufacturing of chemical or leather products may be permissible under certain
circumstances. 2. Zoning districts considered appropriate within this future land use category include only RH and IND.
Policy 2.1 f) Public Facility. Permitted uses include public facilities and uses such as parks, schools, government
buildings, fire stations, other recreational and non - recreational public properties, and accessory uses customary to
permissible uses, 2. Only the PUB Zoning district is considered appropriate within this future land use category.
Chairperson Hoover asked whether there were any questions or comments from the public. There were none.
VOTE
HOOVER •YEA
MCCOY- YEA
BURROUGHS -YEA
RITTER • YEA
BAUGHMAN -YEA
CREASMAN - NIA
BRAss - YEA
MCCREARY - NIA
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:44 P.M.
KELLER - ABSENT
MOTION CARRIED.
Based on discussion from the City CouncillPlanning Board Joint Workshop, July 18, 2013, the Board will consider
amending the Land Development Regulations, Code Book Article III, by adding Division 15, Rural Heritage Zoning
District. Planner Brission offered in Exhibit Three, language that would add a new "Rural Heritage (RH)" Zoning District
and that it will apply to lands currently zoned as Holding and designated as Single Family Residential, Multi- Family
Residential, Mixed Use Residential, and Industrial on the Future Land Use Map (FLUM). These parcels of and are
presently undeveloped or used for agricultural purposes. The City wishes to preserve the potential for limited agricultural
uses on these properties through the creation of the RH District.
Chairperson Hoover asked whether there were any comments or questions from the public. There was none.
Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. Ther
was none.
CoNfiNued •.
I
AGENDA
VI. NEW BUSINESS.
A. Consider amending Land Development Regulations, Code
Article 111, by adding Division 15, Rural Heritage Zoning Dis
continued.
SEPTEMBER 19, 2013 - PLANNING BOARD • PAGE 5 OF 7 4 4 5
ACTION - DISCUSSION • VOTE
urroughs moved to recommend the City Council approve amending Code Book Article III, by adding
to Division 15, (a section entitled) Rural Heritage Zoning District; as indicated in Exhibit 3, pages 10 and 11 of the
Memorandum dated August 27, 2013 from LaRue Planning; seconded by Board Member McCoy.
These amendments read as follows: DIVISION 15. RURAL HERITAGE (RH) DISTRICT Sec. 90.434. Generally. (a)
There are, within the city, parcels of land or ownerships (even though technically subdivided) that are presently
undeveloped or used for agricultural purposes and were formerly zoned H- Holding, a zoning district no longer in
existence. The City wishes to preserve the potential for limited agricultural use on these properties through creatio
of the RH District. (b) The RH zoning district may be applied only to lands designated Single- Family Residential, Multi
Family Residential, Mixed Use Residential, and Industrial on the future and use map of the comprehensive plan.(c
Uses in the RH district shall be subject to the regulations of this division.
Sec. 90.435. Permitted uses. The following principal uses and structures are permitted in the RH district: (1) Detached
single - family dwellings. (2) Limited agricultural uses and associated structures for the commercial or noncommercial
boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maximum of three in total
number of hogs, sheep, and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale.
Sec. 90 -436. Special exception uses. The following uses and structures are permitted in the RH district after the
issuance of a special exception use petition. (1) Permitted uses in excess of 30 feet in height. (2) Reserved.
Sec. 90-437. Customary accessory uses. Each permitted principal use and special exception use in the RH district
is also permitted to have the customary accessory structures uses for that use.
Sec. 90-438. Lot and structure requirements. (a) Minimum tot area. Except where further restricted by these
regulations for a particular use, minimum requirements for the RH district shall be as follows: (1) Single - family dwelling:
Area: 2 acres, Width: 200 feet. (2) Other permitted principal uses and structures; a. commercial or noncommercial
boarding, raising, and grazing of horses and cattle. Area: 1 acre per animal. b. non - commercial raising or keeping of
hogs, sheep, and goats. Area: 1 acre per animal. c. None, except as needed to meet all other requirements set forth
herein. (b) Minimum yard requirements. The minimum yard requirements in the RH district, except where greater
distance is required by yard setbacks, shall be as follows: (1) Single- family dwelling: Front: 25 feet. Side: 10 feet. Rear:
10 feet. Waterfront: 20 feet. (2) Other permissible structures: Front 25 feet. Side: 20 feet. Rear: 20 feet. Waterfront:
20 feet. (c) Maximum lot coverage by all buildings. (1) Single - family dwelling: 45 percent (2) Other permissible principal
uses: 45 percent. (d) Maximum impervious surface. (1) Single - family dwelling: 55 percent. (2) Other (continued)
coNtiauul...
446
AGENDA
VI. NEW BUSINESS CONTINUED.
A. Consider amending Land Development Regulations, Code Bo
Article III, by adding Division 15, Rural Heritage Zoning Distri
continued.
SEPTEMBER 19, 2013 - PLANNING BOARD - PAGE 6 0F7
ACTION - DISCUSSION - VOTE
B. Consider amending the Land Development Regulations, Code B
Section 66-1, Definitions, and Permitted Uses in Sections: 90 -1
Residential Single Family -One; 90 -192, Residential Multiple Fam
90 -342, Industrial; and 90 -417, Residential Planned Unit Developm
- Senior Planner. (Exhibit 4).
1. Hear from Planning Staff.
2. Public comments or questions from those in attendance,
submitted to the Board Secretary.
3. Disclosure of Ex -Parte communications by the Board.
4. a. 1) Motion regarding amending Code Book, Section 66
Definitions by adding a definition of "Limited Agriculture."
2) Board discussion.
3) Vote on motion.
b. 1) Motion regarding amending Code Book Section 90 -1
Permitted Uses, Residential Single Family -One (RSF
District, by adding item (6), to allow limited agriculture
properties on which there is an active agricultural exempt
2) Board discussion.
3) Vote on motion.
c. 1) Motion regarding amending Code Book, Section 90 -1
Permitted Uses, Residential Multiple Family (RMF) District,
adding item (8), to allow limited agriculture on properties
which there is an active agricultural exemption.
2) Board discussion.
3) Vote on motion.
permissible principal uses: 55 percent. (e) Maximum height of structures. (1) Single- family dwelling: 30 feet. (2) Other
ermissible principal uses: 30 feet.
Chairperson Hoover asked whether there was any further discussion from the Board or the public. There was none.
VOTE
HOOVER -YEA
MCCoY -YEA
BURROUGHS -YEA BAUGHMAN - YEA BRASS - YEA KELLER - ABSENT
RITTER - YEA CREASMAN - NIA MCCREARY - N/A MOTION CARRIED.
Planner Brisson explained the definition of Limited Agriculture needed to be added just as it was to the Comprehensive
Plan in earlier action. Further amendments were to implement the definition with the list of permitted uses in the RSF -1,
RMF, IND, and PUD -R Districts. After much discussion the consensus of the Board was that the Rural Heritage Zoning
District would be limited to property owners who currently have an Agricultural Exemption from the Property Appraiser.
Planner Brisson commented that the text should be amended to include of a commercial nature" for the permitted uses
in each of the zoning districts.
Chairperson Hoover asked whether there were any comments or questions from those in attendance. There was none.
Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There
was none.
Board Member Burroughs moved to recommend the City Council approve amending the Land Development
Regulations Code Book, Section 66 -1, Definitions by adding a definition of "Limited Agriculture" and amending the
sections outlined in Exhibit 4, page 12 of the Memorandum dated August 27, 2013 from LaRue Planning with the
addition of the words of a commercial nature;" seconded by Board Member McCoy. These amendments read as
follows:
Amend Sec. 66 -1 to add a new definition for "Limited agriculture" to read as follows: Limited agriculture means
commercial or noncommercial boarding, raising and grazing of horses and cattle: noncommercial raising or keeping
of a maximum of three in total number of hogs, sheep, and goats: noncommercial plant and veqetable gardens: and
cultivation of hay for use or sale.
Co,thMcLed.. .
1
1
1
AGENDA
VI. NEW BUSINESS CONTINUED.
B. Consider amending the Land Development Regulations continue
d. 1 Motion regarding amending Code Book, Section 90 -3
Permitted Uses, Industrial (IND) District, by adding item
to allow limited agriculture on properties on which there i
active agricultural exemption,
2) Board discussion.
3) Vote on motion.
e. 1) Motion regarding amending Code Book, Section 90 -4
Permitted Uses, Residential Planned Unit Development (P
R) District, by adding items (a)(4) and (b)(7), to allow lim
agriculture uses as an interim use until such time as u
development is undertaken.
2) Board discussion.
3) Vote on motion.
C. Consider any additional requests for amendments to the City's La
Development Regulations - Chairperson.
SEPTEMBER 19, 2013 - PLANNING BOARD - PAGE 7 OF 7
47
Amend Sec. 90 -102 by adding a new item (6) to the list of permitted uses in the RSF 1 District, to read as follows:
(6) Limited agriculture of a commercial nature, on properties on which there is an active agricultural exemption, which
was granted by the Okeechobee Property Appraiser not later than 'insert date', 2013.
Amend Sec. 90 -192 by adding a new item (8) to the list of permitted uses in the RMF District, to read as follows:
(8) Limited agriculture of a commercial nature, on properties on which there is an active agricultural exemption, whic
was granted by the Okeechobee Property Appraiser not later than (insert data 2013.
Amend Sec. 90 -342 by adding a new item (29) to the list of permitted uses in the IND District, to read as follows:
(8) Limited agriculture of a commercial nature, on properties on which there is an active agricultural exemption, which
was granted by the Okeechobee Property Appraiser not later than [insert date], 2013.
Amend Sec. 90 -417 by adding a new item (7) to the list of permitted uses in the PUD -R District, to read as follows:
(8) Limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in
accordance with an approved planned development.
VOTE
HOOVER • YEA
McCoy -YEA
BURROUGHS -YEA
RITTER - YEA
BAUGHMAN • YEA
CREASMAN - N/A
BRASS - YEA KELLER - ABSEN
MCCREARY - N/A MOTION CARRIED
VII. ADJOURN - Chairperson.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board /Board of Adjustment
and Appeals with respect to any matter considered at this meeting will need to ensure a verbatim record
of the proceeding is made and that the record includes the testimony and evidence upon which the appeal
will be based. General Services media are for the sole purpose of backup for official records of the
Department.
ATTET:
Patty M Burette, Secretary
J.
n T, Hoover, Chairperson
There were none offered.
There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:23 p.m.
AGENDA
V. NEW BUSINESS.
A. Consider amendments to the Land Development Regulations rel
to noncommercial livestock/farm animals in the Residential S
Family - One (RSF -1) Zoning District by accessory use, limitati
and required enclosures - Senior Planner (Exhibit 1).
PB 3rd Recommendation
Do NOT adopt Planning
Staff amendments related
to specific types of
animals allowed in ag
Consider any additional requests for amendments to the City's L
Development Regulations - Chairperson.
VI. ADJOURNMENT - Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that it any person desires to appeal any decision made by the Planning
Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will
need a record of the proceedings, and forsuch 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. GeneralSetvices media are for the sole
purpose of backup for official records.
Dawyt Hoover, Chairperson
ST
tip. L L aiLe.
Patty M. Ournette, Secretary
OCTOBER 17, 2013 - PLANNING BOARD • PAGE 2 OF 4 T
ACTION - DISCUSSION • VOTE
Planner Brisson began the discussion to consider amendments to the Land Development Regulations relating to
noncommercial livestock/farm animals explaining the Board needs to consider the specific types of animals to be
allowed, how many, whether any limitations or restrictions should be placed in the RSF -1 Zoning District along with
whether there is a need for enclosures for the animals. He further explained, currently the Code only addresses the
keeping of animals in Chapter 10, with the most pertinent sections of this chapter addressing sheltering when the number
of animals exceeds three and preventing public nuisances.
A lengthy discussion between the Board followed regarding types of animals that should be allowed and the
limitations /restrictions. It was decided by a consensus of the Board that they wished to continue following the current
code as provided for in Chapter 10 and should any complaints be received from Code Enforcement, the Board would
consider amendments to address the complaints at that time.
No one from the public offered comments. No Board
record.
Board Member Baughman moved we have considered
decided at this time none are necessary, leave it as it
members offered to disclose Ex -Parte communications for the
making amendments to the Land Development Regulations, and
is; seconded by Board Member Ritter.
VOTE
HOOVER - ABSENT
MCCoY -YEA
BURROUGHS -YEA
RITTER - YEA
Regulations. There were none offered.
BAUGHMAN -YEA
CREASMAN - YEA
BRAss - No
MCCREARY- ABSENT
•
KELLER - ABSENT
MOTION CARRIED.
• - .••'•e• • -
There being no further items on the agenda, Vice Chairperson Burroughs adjourned the meeting at 6:39 p.m.
Planning
& Management Services, Inc.
Ex
r.th 1$12.0(4
I nc(a
Memorandum
To: Honorable Mayor and City Council
From: Bill Brisson
Date: January 31, 2014
Subject: Materials on proposed changes to the Land Development Regulations as
recommended by the LPA at its public hearing on September 19, 2013 as it relates
to the proposed RH District and properties with existing agricultural exemptions
As a result of the July 18th joint workshop meeting of the City Council and the Planning Board,
the Planning Board, sitting as the Local Planning Agency (LPA), held a public hearing on
September 19, 2013 and recommends to the City Council the adoption of the proposed changes
as set forth beginning on page three of this memorandum.
Summary of Proposed Amendments to the Land Development Regulations
A. Create a new RH, Rural Heritage Zoning District and allow for limited agricultural uses to be
available only to properties currently designated "H" on the Zoning Map. The new RH District
is much more limited than the original "H" District in that the new RH District is intended only to
preserve the right to undertake limited agricultural uses for those persons owning lands now
zoned "H ". Consequently, we have retained the minimum lot size for a single - family dwelling
at two acres with a minimum width of 200 feet as was required under the old "H" District.
Since these properties are located in the Single - Family Future Land Use Category, the only
other zoning district consistent with this category is RSF1. Therefore, for the most part, the
structure requirements for the RH District are very similar to those of the RSF 1 District. (See
memo pages 2 -8 for detailed explanation, property list on page 10, location on map page
11)
B. Add definition for the term "Limited Agriculture ". This definition should be the same as
proposed in the Comprehensive Plan. (See memo page 9 for detailed explanation)
C. Create a provision that will "grandfather" existing commercial agricultural uses on properties
located in the RSF1, RMF, IND Zoning Districts for which there now exists an active
agricultural exemption granted by the Okeechobee Property Appraiser. (See memo page 9 for
detailed explanation, property list on page 10, location on map page 11)
D. Include a provision that allows limited agricultural use on an interim basis for properties in the
PUD -R Zoning District. (See memo page 9 for detailed explanation)
Providing Planning and Management Solutions for Local Governments Since 1988
1375 Jackson Street. Suite 206 Fort Myers. FL 33901 239- 334 -3366 \\ WW. larueplannin .com
EXPLANATION OF PROPOSED CHANGES TO THE LDR's:
Two separate approaches are used to address the issues at hand. One addresses properties presently
shown as "H" on the Zoning Map. The second addresses the five parcels not zoned "H ", but identified as
having been granted agricultural exemptions by the Okeechobee Property Appraiser.
Summary Paragraph A: Create a new "Rural Heritage" Zoning District:
The proposed new RH, Rural Heritage, zoning district is to be applied to lands currently shown as "H" on
the Zoning Map and which are designated Single - Family on the Future Land Use Map (FLUM). This new
district is based on, but not identical to, the old H- Holding District.
As suggested at the July 18th joint meeting of the City Council and Planning Board, we reviewed the "Rural
Heritage designation" employed in Martin County. However, this is not a zoning district, but a Future Land
Use designation. Martin County's purpose in creating this designation is different from that of Okeechobee.
Specifically, Martin County uses this future land use designation to:
"... protect these areas by assigning reasonable development options
consistent with the agricultural character of the area "... and "to preserve the
area's rural character".
Okeechobee, on the other hand, is primarily interested in retaining a property owner's right to continue
limited agricultural use on a property. Consequently, other than to perhaps incorporate a name similar to
that used in Martin County, we have not incorporated any specific provisions of Martin County's "Rural
Heritage designation ".
One important decision still remains to be made with regard to the RH District. During the Joint City
Council — Planning Board meeting on July 181h, it was the consensus that the new RH Zoning District would
only be applied to lands currently identified as "H" on the Zoning Map. No other properties would be
allowed to be rezoned to RH.
However, the RH District as proposed and approved by the LPA inadvertently did not include this limitation.
Further, there appeared to be some ambivalence among the LPA members toward including this limitation.
Therefore, if City Council wishes to prevent any other properties from being zoned RH in the future, Section
90- 434(b) should include the highlighted text on the following page. On the other hand, if the Council
wishes to allow other properties located in Industrial and Single - Family, Multi - Family or Mixed -Use
Residential Future Land Use Categories to be zoned RH, then highlighted language should be removed
Sere ng l I,,id., I uc,11 Guar nIt•n1. 'since 1985+
DIVISION 15. RURAL HERITAGE (RH) DISTRICT
Sec. 90 -434. Generally
There are, within the city, parcels of land or ownerships (even though technically subdivided) that are
presently undeveloped or used for agricultural purposes and were formerly zoned H- Holding, a
zoning district no longer in existence. The City wishes to preserve the potential for limited agricultural
use on these properties through creation of the RH District.
The RH zoning district may be applied only to lands designated Single- Family Residential, Multi -
Family Residential, Mixed Use Residential, and Industrial on the future land use map of the
comprehensive plan and identified as "H" Holding on the Zoning Map as revised
July 19, 2013.
Lc_l Uses in the RH district shall be subject to the regulations of this division.
Sec. 90 -435. Permitted uses.
The following principal uses and structures are permitted in the RH district:
al Detached single- family dwellings.
2 Limited agricultural uses and associated structures for the commercial or noncommercial
boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a
maximum of three in total number of hogs, sheep, and goats; noncommercial plant and
vegetable gardens; and cultivation of hay for use or sale.
Sec. 90 -436. Special exception uses.
The following uses and structures are permitted in the RH district after the issuance of a special exception
use petition.
Permitted uses in excess of 30 feet in height.
2 Reserved
Sec. 90 -437. Customary accessory uses.
Each permitted principal use and special exception use in the RH district is also permitted to have the
customary accessory structures uses for that use.
SC IA Florid.* IUCA1 t;tit ,rnnmm. ',Intl' 1Vtix
Sec. 90 -438. Lot and structure requirements.
Minimum lot area.
Except where further restricted by these regulations for a particular use, minimum requirements for
the RH district shall be as follows:
a. Single- family dwelling: Area: Two (2) acres Width: 200 feet
b. Commercial or noncommercial boarding, raising, and grazing of horses and cattle: One (1)
acre per animal
c. Non - commercial raising or keeping of hops, sheep, and goats: One (1) acre per animal
d. Other permitted uses and structures: None, except as needed to meet all other requirements
set forth herein.
Minimum yard requirements.
The minimum yard requirements in the H district, except where greater distance is required by yard
setbacks, shall be as follows:
a. Single- family dwelling: Front 25 feet
Side 10 feet
Rear 10 feet
Waterfront 20 feet
b. Other permissible structures: Front 25 feet
Side 20 feet
Rear 20 feet
Waterfront 20 feet
f_11 Maximum lot coverage by all buildings.
a. Single - family dwelling: 45%
b. Other permissible principal uses: 45%
01 Maximum impervious surface.
a. Single- family dwelling: 55%
b. Other permissible principal uses: 55%
n Maximum height of structures.
a. Single- family dwelling: 30 feet
b. Other permissible principal uses: 30 feet
!Ivo. ng Florid., Iox.N t:nternments inci I488
SIDE BY SIDE COMPARISON OF PROPOSED RH DISTRICT AND ORIGINAL H DISTRICT
PROPOSED RH DISTRICT
ORIGINAL H DISTRICT
Sec. 90.434. Generally.
Intent.
(a) There are, within the city, parcels of land or ownerships (even though
Within the City there are large parcels of land or ownerships (even though
technically subdivided) that are presently undeveloped or used for
technically subdivided) that are presently undeveloped or used for
agricultural purposes and were formerly zoned H- Holding, a zoning
agricultural purposes. The future direction of development on such lands is
district no longer in existence. The City wishes to preserve the
not presently apparent. Lands zoned H are intended for rezoning at a future
potential for limited agricultural use on these properties through
date, by action of the City or upon application upon showing of intent to
creation of the RH District,
develop in accord with the City Comprehensive Plan. Permitted uses are
fundamentally those related to agriculture, to the end that the owners of such
(b) The RH zoning district may be applied only to lands designated Single-
lands may be permitted a fair investment return until such time as rezoning to
Family Residential, Multi - Family Residential, Mixed Use Residential,
and Industrial on the future land use map of the comprehensive plan
and identified as "H" Holding on the Zoning Map as revised July 19,
other categories may take place.
2013.
(c) Uses in the RH district shall be subject to the regulations of this
division,
Serving Florida Local Gu , nn nta Sine
Sec. 90-435. Permitted uses.
The following principal uses and structures are permitted in the RH district:
(1) Detached single - family dwellings.
(2) Limited agricultural uses and associated structures for the commercial
or noncommercial boarding, raising and grazing of horses and cattle;
noncommercial raising or keeping of a maximum of three in total
number of hogs, sheep, and goats; noncommercial plant and
vegetable gardens; and cultivation of hay for use or sale.
Permitted Principal Uses and Structures.
1. Customary agricultural uses and structures.
2. Single family detached dwellings.
3. Public and private elementary, junior high, and high schools offering
conventional academic curriculums.
4. Public parks, playgrounds, playfields, and City or County buildings in
keeping with the character and requirements of the district; public
libraries.
5. Existing railroad right -of -way, but not including switching, freight, or
storage yards, buildings, or maintenance structures.
6. Houses of worship, provided parcel size shall not be less than 5 acres.
7. Golf course and country club (not including miniature golf course or
separate practice driving range) provided lot comprises at least 90
acres of land for a 9 hole course and 150 acres for an 18 hole
course and that any required parking area is located at least 100
ft. and any building is located at least 300 ft. from any other
residentially zoned property.
8. Public utility building and facilities except those included under Section
7.9 necessary to serve surrounding neighborhoods (not including
service or storage yards). Such facilities shall be designed, sited, and
landscaped to preserve compatibility with a single family neighborhood.
Private neighborhood or community (non- public) recreation facility,
including tennis or racquet club. No automotive parking shall be located
within 50.ft, of any other property in separate ownership. No building
shall be located within 100 ft. of any other property in separate
ownership. Outdoor lighted recreation facilities shall not be used after
10 p.m.
Serving Florida Local Governments Since 1988
6
Sec. 90-436. Special exception uses.
The following uses and structures are permitted in the RH district after the
issuance of a special exception use petition.
(1) Permitted uses in excess of 30 feet in height.
(2) Reserved.
Special exceptions.
Permissible by board of adjustment after public notice and hearing and
safeguards
1. Private clubs and lodges.
2. Commercial marina, not involving removal of boats from water for
purposes of repair or major motor repair.
3. Hospital and nursing homes, provided no structure shall be closer than
50 ft. to any boundary line and separate ownership and no off street
parking shall be located closer than 25 ft. to any property boundary line
and separate ownership.
Sec. 90-437. Customary accessory uses.
Each permitted principal use and special exception use in the RH district
is also permitted to have the customary accessory structures uses for
that use.
Permitted Accessory Uses and Structures.
Uses and structures which are customarily accessory and clearly
incidental to permitted or permissible uses and structures.
Prohibited Uses and Structures.
Any use or structure not specifically, provisionally, or by reasonable
implication permitted herein or permissible by special exception.
Sec. 90 -438. Lot and structure requirements.
(1) Minimum lot area. Except where further restricted by these regulations
for a particular use, minimum requirements for the RH district shall be
as follows:
a. Single- family dwelling: Area Two (2) acres Width 200 feet
b. Commercial or noncommercial boarding, raising, and grazing of
horses and cattle: One (1) acre per animal
c. Non - commercial raising or keeping of hogs, sheep, and goats:
One (1) acre per animal
d. Other permitted uses and structures: None, except as needed
to meet all other requirements set forth herein.
Minimum Lot Requirements (Area and Width).
Single- family dwelling: Area two (2) acres
Width 200 feet
Other permitted or permissible uses and structures: None, except as
needed to meet all other requirements set our herein.
Serving Florida Local Governments Since 1988
(2)
Minimum yard requirements. The minimum yard requirements in the H
district, except where greater distance is required by yard setbacks,
shall be as follows:
Minimum Yard Requirements (Depth of Front & Rear Yards; Width of Side
Yards).
(1) Single- family dwelling: Front
25 feet
Single- family dwelling: Front 25 feet
Side
10 feet
Side 10 feet
Rear
10 feet
Rear 10 feet
Waterfront
20 feet
Waterfront 20 feet
(2) Other permissible structures: Front 25 feet
Side 20 feet
Rear 20 feet
Other permitted or permissible buildings: As for single family dwelling except
where a greater distance is required by this ordinance for the particular use
involved.
Waterfront 20 feet
(3)
Maximum lot coverage by all buildings.
a. Single- family dwelling: 45%
b. Other permissible principal uses: 45%
Maximum Lot Coverage by All Buildings. Unrestricted
(4)
Maximum impervious surface.
a. Single- family dwelling: 55%
b. Other permissible principal uses: 55%
Not addressed
Serving Florida Local Governments Since 1988
Summary Paragraph B: Add a definition for limited agriculture:
1. Amend Sec. 66 -1 to add a new definition for "Limited agriculture" to read as follows:
Limited agriculture means commercial or noncommercial boarding, raising and grazing of horses and
cattle; noncommercial raising or keeping of a maximum of three in total number of hops, sheep, and
goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale.
Summary Paragraph C: allow limited agriculture in the RSF1, RMF, and IND Districts:
In order to implement the new RH District and to allow the continuation of the uses for which the County
Property Appraiser has approved agricultural exemptions, the following changes are proposed:
1. Amend Sec. 90 -102 by adding a new item (6) to the list of permitted uses in the RSF 1 District, to
read as follows:
(6) Limited agriculture of a commercial nature on properties on which there is an active
agricultural exemption, which was granted by the Okeechobee Property Appraiser not later
than September 19, 2013.
2. Amend Sec. 90 -192 by adding a new item (8) to the list of permitted uses in the RMF District, to
read as follows:
(8) Limited agriculture of a commercial nature on properties on which there is an active
agricultural exemption, which was granted by the Okeechobee Property Appraiser not later
than September 19, 2013.
3. Amend Sec. 90 -342 by adding a new item (29) to the list of permitted uses in the IND District, to
read as follows:
(29) Limited agriculture of a commercial nature on properties on which there is an active
agricultural exemption, which was granted by the Okeechobee Property Appraiser not later
than September 19, 2013.
Summary Paragraph D: allow limited agriculture for interim in the PUR -R District:
1. Amend Sec. 90 -417 by adding a new item (4) to the list of permitted uses in (a) PUD -R District, with
a RSF future land use designation and a new item (7) to the list of permitted uses in (b) PUD -R
District, with a RMF future land use designation to read as follows:
(a) (4) Limited agriculture shall be permissible as an interim use until such time as urban
development is undertaken in accordance with an approved planned development.
(b) (7) Limited agriculture shall be permissible as an interim use until such time as urban
development is undertaken in accordance with an approved planned development.
Serving Florida Local Governments Since 1988
PROPERTIES ZONED "H, HOLDING"
ID
Existing Use(s)
LocationlAddresses
FLUM
Lot/Parcel Characteristics
1
Vacant lots as well as nine
single- family homes and
one lot with a triplex and
two single-family units.
Some vacant lots referred to only by street
number. Specific addresses include: 1202 NW
13th St., 800, 803, 804, 806, & 810 NW 12th St.;
1109 NW 8th Av.; 1100 and 1110 NW 9th Av.;
800, 802, 804,806, & 808 NW 11th Av.
Single-
Family
16 lots less than 1 acre
5 vacant lots 1 acre or more
2
2
Whole block is vacant.
Located on NW 7th Ct. between NW 10th and NW
11th Avenues
Single -
Family
vacant arcel 2.2 acres
p
3
3
Whole block is vacant.
Located on NW 7th St. between NW 9th and NW
10th Avenues
Single -
Family
vacant parcels, each 2.2 acres
4
All properties are vacant.
Property is improved pasture referred to only by
street number and located between SW 2nd and
9th Streets just east of SW 10th Av.
Single-
Family
y
1 vacant parcel @ 13.9 acres;
1 vacant parcel 13.3 acres
p @
5
Two single - family units on
small lot, large parcel is
vacant.
517 SW 21st St.; balance of property has no
specific address but is located in southwest most
part of City on north side of SW 23rd St.
Single -
Famil y
1 vacant parcel @12.9 acres;
1 parcel 1.5 acres,
both under same ownership
6
Vacant
Improved pasture between SE 8th and 13th Streets
west of Taylor Creek
Residential
Mixed Use
1 vacant parcel @ 32.5 acres
7
Western strip of this lot is
part of the parking for the
commercial office use
immediately to the west
and owned by the same
entity.
815 South Parrott Av.
Single
Family
Parcel is 2.2 acres part of which
is used for a parking lot for
adjacent property.
8
Single Family
1105 SE 9th Dr.
Family
1 vacant 2.2 acre parcel
9
Vacant
Westernmost parcel is 802 SE 10th Av.; parcel to
east has no address.
Single-
Family
1 vacant parcel @ 4.7 acres;
1 vacant parcel @ 9.9 acres,
both under same ownership
10
Vacant
No address; located south of NE 4th St. west of
Taylor Creek.
Single-
Family
1 vacant lot of Tess than one
acre
11
11
Vacant
No address; large tract located east of Taylor
Creek to City limits and south of the railroad track.
Single -
Family
vacant parcel @ 56.4 acres
12a
Accessory building to
single - family use
649 NE 6th St.
Single-
Family
1 vacant lot less than one acre
14
All vacant
No addresses; all properties are vacant and
located between NE 9th & 11 Streets and NE 3rd &
5th Avenues.
Single-
Famil y
11 vacant lots less than one acre
15
All vacant
Only one parcel has an address, 150 NE 13th St.;
the balance of the parcels have no addresses;
they are located between NE 14th and 12th Streets
west of Taylor Creek.
Single-
Family
12 vacant Tots Tess than one acre
1 lot @ 1.1 ac.
PROPERTIES NOT ZONED "H ", BUT WITH AGRICULTURAL EXEMPTIONS
ID
Existing Use(s)
LocationlAddresses
FLUMI
Zoning
Lot!Parcel Characteristics
A
Improved Pasture
3- 16- 37 -35- 0160 - 00010 -0050
IND /IND
Ag Exemption, 41.9 ac.
B
Improved Pasture
2- 21- 37- 35 -0A00- 00006 -8000
M-U RES/
PUD -R
Ag Exemption, 50.48 ac.
C
Improved Pasture
2- 21- 37- 35 -0A00- 00042 -8000
MF /RMF
Ag Exemption, 0.97 ac.
D
Improved Pasture
2- 21- 37- 35 -0A00- 00033 -0000
MF /RMF
Ag Exemption, 8.92 ac.
E
Improved Pasture
2- 21- 37- 35 -0A00- 00043 -0000
SF /RSF1
Ag Exemption, 10.13 ac.
Serving Florida Local Government Since 1088
City of Okeechobee
Properties Potentially
Affected by Proposed Changes
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Future Land Use
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Serving Florida Local Governments Since 1988
1NDEP
Nom NEWS
OKEECHOBEE NO S
STATE OF FLORIDA
COUNTY OF OKf ECHOBEE
6,
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h StWgi,tc U, Okecch,.bcc, F
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a „
on the matter of t"
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Aftiant turther says that the said Okeechobee News
Is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class rnail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, fine or corporation any discount, rebate, corn -
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
y.
torn Byrd
Sworn to and subscribed before me this
lr,
day of -- Al)
Notary Public, State of Florida at Large
ANGIE BRIDGES
MY COMMISSION A EE 177653
EXPIRES: April 20,2016
Bonded TM. Notary Pu66GUndemntem
a0 4 eeloid„
ev,. l Hi -/2I ego/
)74
(863( 763 -3134
NOTICE OF ZONING DISTRICT,
PERMITTED USES, AND SPECIAL
EXCEPTION USES CHANGE
PLEASE TAKE NOTICE that the City Council of the City of
Okeechobee, Florida, will on Tuesday, February 18, 2014 at 6:00
p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave.,
Okeechobee, FL conduct a Public Hearing for the first reading of the
following Ordinance into law: 1108: AN ORDINANCE OF THE CITY
OF OKEECHOBEE: FLORIDA, PROVIDING FOR AMENDMENT
TO PART II -CODE OF ORDINANCES, SUBPART B -LAND
DEVELOPMENT REGULATIONS, CHAPTER 66- GENERAL
PROVISIONS, BY ADDING A DEFINITION FOR LIMITED
AGRICULTURE TO SECTION 66 -1; CHAPTER 90- ZONING,
ARTICLE HI-DISTRICT AND DISTRICT REGULATIONS, CREATING
DIVISION 15 -RURAL HERITAGE (RH) DISTRICT, TO ADDRESS
THE PRESERVATION OF PROPERTY FORMERLY ZONED
HOLDING IN SECTIONS 90-434 THROUGH 90 -438; DIVISION
2- RESIDENTIAL SINGLE - FAMILY ONE (RSF -1) DISTRICT,
DIVISION 5- RESIDENTIAL MULTIPLE- FAMILY (RMF) DISTRICT,
DIVISION 10- INDUSTRIAL (IND) DISTRICT, BY ADDING LIMITED
AGRICULTURE OF A COMMERCIAL NATURE TO THE UST OF
PERMITTED USES TO SECTIONS, 90 -102, 90 -192, AND 90 -342;
DIVISION 13- RESIDENTIAL PLANNED UNIT DEVELOPMENT
(PUD -R) DISTRICT, BY ADDING LIMITED AGRICULTURE AS A
PERMISSIBLE INTERIM USE TO THE LIST OF PERMITTED USES
IN SECTION 90 -417; AND PROVIDING FOR FINDINGS OF FACT;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
The Public and all interested parties, calling SPECIAL ATTENTION
TO any 4 -H or FUTURE FARMER OF AMERICA MEMBERS who
raise LIVESTOCK and /or FOWL for Exhibits, LIVESTOCK SHOWS,
and /or COUNTY FAIRS; or any PERSONS with LIVESTOCK or
FOWL on property within the City Limits are encouraged to attend
the meeting and be heard. Comments may be submitted orally or in
writing before or at the hearing.
The proposed amendments may be viewed on the City website or
at the Office of the City Clerk, during normal business hours, at the
address above.
ANY PERSON DECIDING TO APPEAL any decision made by the
City Council with respect to any matter considered at this meeting will
need to ensure a verbatim record of the proceeding is made and the
record includes the testimony and evidence upon which the appeal
will be based. In accordance with the Americans with Disabilities Act
(ADA), any person with a disability as defined by the ADA, that needs
special accommodation to participate in this proceeding, contact the
City Clerk's Office no later than two business days prior to proceeding,
863- 763 -3372.
BE ADVISED that should you intend to show any document, picture,
video or items to the Council in support or opposition to any item on
the agenda; a copy of the document, picture, video, or item MUST be
provided to the City Clerk for the City's records.
Published BY: Lane Gamiotea, CMC, City Clerk