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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 3 414-Alluzliv_4 PI/ -X ,./{Astiit,1771cie_ei )0( o LT LL1imp&41,b4) 4;lidikL oleo-u) V4 Votf-?' p .,16-)La ICH Lod a41.47clk, JLL tca (T1-44-e 74. to-A4-76 aiziu) AuliAbth*A 1Q40- AtctLy„zzetC -`M li-#4 a,a AcpL LW j wilL&;6. a_ L4.1 „a) ? a-fraLL u/Livi CO)4144 (t-tif A LLJtI / kfriLe R ducaA R 11 zL(2) rY) juileAk#,,LeL te:3114L,( I?) dia,afr-gL etuit cAtd,L, Yr) czyx,ma66; col-u14 9;e/ - oiza R k.. aeLcJ / wack C.. /9 ttS icaiv_6/ m a. a a o Airru ievitgvi e/h, eLA ,1/114,,4 ve!„Ad-- J G a-'— 10, Lidy boo 1L .cam.. h� kr JL14 /o J 4J) a Jueti.Ula - 4,111/ R4F- / shi.osi.e. S8Aiti 34L+ (A- (),(Ajt ( rc 9-0.01 d_) e.1), j0 eit-,C,J.h/la--- Cz-4-47/— 1/411,§i`c.<0_4L) pp_ (13) 4Lth ru-- cl1 1 � map L) �N t Afrix, er-L__„."1 1-1 k c_ 1,f4 Ju 1 /8 twin 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 ma iv- r I II ?L J 111111111 -- _ HMI T i T 1„ 1' ",J Pq1[1:ilIti —1411FVFIFY l' .. :no rum Firm! j =: I ' 0 111011 NMI A ® 111 ■t I 4 Hi, HMI =], a YW 4b l I'i�Ilj 4'j 4 r 11111111 11111111111 / 11. 1 P11111111 1111111 *Illh III 9 MN B .EJ] /J J/1 ITYL11111 s �N , n on u �i• U■ ■!t % ups /W ,W /T LEGEND "H" Zoned Area Z� NON "H" Zoned Area wiAg Exemption Future Land Use SINGLE - FAMILY le MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE 1110 • rf�r ��rl 17TH 5 0.3 0.15 0 0.3 Miles Serving Florida Local Governments Since 1988 1NDEP Nom NEWS OKEECHOBEE NO S STATE OF FLORIDA COUNTY OF OKf ECHOBEE 6, I( �I r� 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