Loading...
2018-02-15AGENDA CALL TO ORDER — Chairperson. Workshop, February 15, 2018, 6:00 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD DISCUSSION FOR FEBRUARY 15, 2018 III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. ITEMS OF DISCUSSION — City Planning Consultant. A. Lot split/de minimis and combination of lots Memorandum dated January 15, 2018 (Exhibit 1). PAGE 1 OF 9 DISCUSSION Chairperson Hoover called the February 15, 2018, Workshop to order at 6:00 P.M. The Pledge of Allegiance was led by Chairperson Hoover. Board Secretary Burnette called the roll: Present Present Present Present Present Present Absent (with consent) Present Present Present Present City Planning Consultant Brisson yielded the floor to Building Official Jeffery Newell who reviewed the Planner's Memorandum dated January 15, 2018. He explained Chapter 86 of the City's Code of Ordinances contains the provisions regulating subdivision of land within the City. The definition of subdivision follows: "the division of land into three or more lots, sites, or parcels, any one of which contains two acres or less in area, or, if a new street or easement for street purposes or the establishment or dedication of a highway, street, or alleys is involved, any division of a parcel of land. The term subdivision includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. The sale or exchange of small parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots shall not be considered a subdivision of land." This definition does not address the division of land into two parcels which do not involve the need for a new street, alley or easement. In planning such a division of land is commonly referred to as a "lot split", "simple lot split", or "de minimis 1 AGENDA IV. ITEMS OF DISCUSSION CONTINUED. A. Lot split/de minimis and combination of lots Memorandum dated January 15, 2018 continued. 1 FEBRUARY 15, 2018 - PLANNING BOARD - PAGE 2 OF 9 DISCUSSION subdivision". Of course, no matter which term is used, when lots or unplatted parcels are split they are stilt subject to the minimum lot size, street frontage, setbacks, and other development standards applicable to that zoning district. Unfortunately, without specific regulations and a process to address subdiving, it can result in lots that do not conform to requirements. It can also result in the creation of landlocked properties, or nonconforming structures. Mr. Newell and Mr. Brisson agree that the City should include regulations addressing simple lot splits/de minimis subdivisions and the combination of multiple lots into one lot or parcel (also referred to as a "joinder"). In addition to general instructional texts such as the Florida Model Land Development Code and the 21St Century Land Development Code, they reviewed the land development codes/regulations of eight other Florida communities: The following recommendations are provided as additions and/or changes to Chapter 86. Language underlined is proposed new text. Add definitions for "lot split/de minimis subdivision" and "joinder" to Section 86-4, Definitions, to read as follows: Lot split/de minimis subdivision means a division or reconfiguration of land, whether improved or unimproved, into not more than two contiguous lots or parcels of land and which division or reconfiguration does not involve the need for a new street or easement for street purposes or the establishment or dedication of a highway, street, or alley. Joinder of a lot means any combination of a lot of record, or parcel of land (or portions thereof) with one or more other lots, lots of record, or parcels of land (or portions thereof). Add a new DIVISION 3, SIMPLE LOT SPLITS/DE MINIMIS SUBDIVISIONS, to read as follows: Section 86-90. Procedure for application submission and approval of a simple lot spliddle minimis subdivision (hereinafter referred to as a lot split). (a) Submittal. The city shall consider a proposed lot split upon submittal of (2) copies of the following information: (1) A cover letter describing the project identifying the project contact person(s) and any other information relevant for City's staff review. If the applicant is other than the legal owner, the applicant's interest shall be indicated and the legal owner's authority to apply shall be included in a certified legal form. (2) Completed application form. (3) All applicable fees (Appendix C. Schedule of Land Development Regulation Fees and Charges). (4) Owner's authorization (if applicable). (5) A survey, not more than one year old prepared by a professional land surveyor registered in the State of Florida. The survey must include legal descriptions, acreage and square footage of the original and proposed lots and a scaled drawing showing the intended division, including any existing or required easements and/or restrictions. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application; and a metes and bounds description shall accompany each description. (6) A statement from the appropriate provider indicating if water and sanitary sewer service capacity is available to the property. 141 14 AGENDA IV. ITEMS OF DISCUSSION CONTINUE=D. A. Lot split/de minimis and combination of lots Memorandum dated January 15, 2018 continued. FEBRUARY 15, 2018 - PLANNING BOARD - PAGE 3 OF 9 DISCUSSION (b) Standards. All lot split requests must conform to the following standards: (1) The division of land must not increase the number of lots to greater than two; (2) The property that is the subiect of the lot split shall be current in its ad valorem tax and other assessments due to the City and County; (3) Each of the newly created lots must meet or exceed all requirements of the zoning district in which the lot is located; (4) Each of the newly created lots must abut a public or private street for the required minimum street frontage for the type of lot, or as otherwise stated in the City's subdivision regulations; (5) Each of the newly created lots must have no encumbrances on the subject property that would render the newly created lots undevelopable, or would impact the transfer of title; (6) If there are existing structures on the subject property, the lot split shall not cause any existing principal or accessory structures to become nonconforming regarding required setbacks maximum allowable density or maximum allowable intensity; (7) The proposed lot split must be consistent with surrounding lots In determining consistency and compatibility with surrounding lots, the City Council may consider, among other things, whether the existing or platted lots have been divided; and whether the majority of existing or platted lots are comparable in size or configuration along the same street within 500 feet of the subject lot; (8) No further division of an approved lot split is permitted, unless a development plan and plat/replat is prepared and submitted in accordance with the City's subdivision regulations, and this chapter; (9) A lot split may not be approved if property taxes are not current for any part of the property that is the subject of a proposed lot split. (c) Approval. (1) The City Administrator, or his designee shall review the lot split application and with input as needed from the city's planning consultant and other members of the Technical Review Committee (TRC), determine if the application meets the submittal requirements of Section. 86-90(a). (2) If the submittal is incomplete the applicant will be notified of the deficiencies for revision and resubmittal. (3) When a submittal or revised submittal is found complete the City Administrator, or his designee, will review the application for consistency with the standards of Section 86-90(b) with input as needed from the city's planning consultant and other members of the TRC. (4) If the City Administrator finds that the application meets all the standards of Section 86-90(b), he may approve the lot split and notify the applicant accordingly If not, he may approve the lot split with conditions or disapprove the lot split, and notify the applicant accordingly. (d) Actions subsequent to approval. Before a building permit may be issued, the applicant must: F� AGENDA IV. ITEMS OF DISCUSSION CONTINUED. A. Lot split/de minimis and combination of lots Memorandum dated January 15, 2018 continued. 1 l] FEBRUARY 15, 2018 - PLANNING BOARD - PAGE 4 OF 9 DISCUSSION (1) Record the lot split in the official records of Okeechobee County, and (2) Provide proof of the lot split approval by the City Administrator. Add a new DIVISION 4, COMBINATION OF LOTS, to read as follows:Section 86.91, Procedure for application submission and approval to combine multiple Iota into one parcel or lot (hereinafter referred to as a "joinder"). (a) Submittal. The city shall consider a joinder upon submittal of (2) copies of the following information: (1) A cover letter describing the project, identifying the project contact person(s) and any other information relevant for City's staff review. If the applicant is other than the legal owner, the applicant's interest shall be indicated and the legal owner's authority to apply shall be included in a certified legal form. (2) Completed application form. (3) All applicable fees (Appendix C. Schedule of Land Development Regulation Fees and Charges). (4) Owner's authorization (if applicable). (5) A survey, not more than one year old, prepared by a professional land surveyor registered in the State of Florida. The survey must include legal descriptions acreage and square footage of the original lots and proposed lot and a scaled drawing showing the intended joinder, including any existing or required easements and/or restrictions. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application; and a metes and bounds description shall accompany each description. (6) Completed Unity of Title form. (b) Standards. All joinder requests must conform to the following standards: (1) The properties that are the subject of the joinder shall be current in their respective ad valorem tax and other assessments due to the City and County; (2) All lots or parcels (or portions thereof) shall be located within the same zoning district. (c) Approval. (1) The City Administrator, or his designee shall review the joinder application and, with input as needed from the city's planning consultant and other members of the Technical Review Committee (TRC), determine if the application meets the submittal requirements of Section 86-91(a). (2) If the submittal is incomplete, the applicant will be notified of the deficiencies for revision and resubmittal. (3) When a submittal or revised submittal is found complete the City Administrator, or his designee, will review the application for consistency with the standards of Section 86-91(b), with input as needed from the city's planning consultant and other members of the TRC. (4) If the City Administrator finds that the application meets all the standards of Section. 86-91(b), he may approve the lot split and notify the applicant accordingly. If not he may approve the lot split with conditions, or disapprove the lot split, and notify the applicant accordingly. 143 14 FEBRUARY 15, 2018 - PLANNING BOARD - PAGE 5 OF 9 AGENDA 11 DISCUSSION 11 IV. ITEMS OF DISCUSSION CONTINUED. A. Lot split/de minimis and combination of lots Memorandum dated January 15, 2018 continued. B. Various topics as outlined within Memorandum dated January 17, 2018 (Exhibit 2). 1. Section 90-632. 2. Section 90-705. (d) Actions subsequent to approval. Before a building permit may be issued, the applicant must: (1) Record the Unity of Title in the official records of Okeechobee County, and (2) Provide proof of the joinder approval by the City Administrator. A sample Unity of Title form was provided on page six of the memorandum that would need to also be adopted. The consensus of the Board was to make the following changes under proposed new Section 86-90, (b), (6) add lot coverage, and impervious surface to the list. Section 86-91, (c), (4) replace "lot split" to "joinder" within the paragraph. In addition, should a lot be sub -divided after 1972, according to the Florida Administrative Code, Rule 64E-6.005 (7) (a) the minimum area of each lot under Section 381.0065 (4) (a) of the Florida Statutes, says it shall consist of at least a half -acre (21,780 square feet) to have a septic system, otherwise it would not be considered to be a buildable lot. Mr. Newell noted should sanitary sewer be available, at least a quarter acre would be required. He is researching to see where this information should be added within the procedure. Mr. Brisson reviewed his memorandum dated January 17, 2018, which provided amendments to various sections of the Land Development Regulations. Manufactured steel containers intended to be used for permanent storage should be considered accessory structures under Section 90-632. Recommendation is to add: (e) Any structure or container, other than a temporary structure as defined in Section 66-1, used for storage as an accessory to a residential use must be anchored to the ground in a manner consistent with the requirements of the Florida Building Code. Consensus of Board was to change the wording from "anchored to the ground" to "placed as an accessory structure." Add a new Supplementary Use Regulation, Section 90-705, for Temporary portable storage containers, to read as follows: (1) Temporary portable storage containers are allowed in single family residential zoning districts subject to the following restrictions and limitations: The principal use on the property must be a single-family residence. The container must remain on the property no more than 15 days including the day of delivery and removal. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. The maximum number of times a container may be delivered to a site is three times per calendar year. 1 FEBRUARY 15, 2018 - PLANNING BOARD - PAGE 6 OF 9 AGENDA DISCUSSION IV. ITEMS OF DISCUSSION CONTINUED. B. 2. Section 90-705 continued. At least 30 days must elapse between placements of a container on a property. The container must be placed only on a driveway or in the side or rear yard. When placed on the driveway within the front setback area the container must be located so that pedestrian- and vehicular traffic is not obstructed and so that the view of an operator of a motor vehicle entering or exiting a right-of-way is not obstructed. In the case of a city-wide declaration establishing civil emergency conditions, the container may remain on a site for the length of time of the civil emergency established pursuant to Florida Statute 252.30, but in no event longer than 60 days from the termination date of the emergency. In the event the City of Okeechobee is declared to be within the area of a hurricane watch the container must be removed within 24 hours of the issuance of the watch or tied down in a manner sufficient to withstand sustained winds of 140 miles per hour. (2) Temporary potable storage containers used in connection with permitted construction activity may be located in any zoning district subiect to the following conditions: The container must not encroach on sidewalks rights-of-way, adiacent properties, or obstruct the view of motorists. The container may remain on the lot for the duration of construction authorized by an active building permit. The container must be removed within 30 days of issuance of a certificate of occupancy or final inspection. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. Storage of hazardous materials including flammable and biohazard substances in the container is prohibited. In the case of a city-wide declaration establishing civil emergency conditions, the container may remain on a site for the length of time of the civil emergency established pursuant to Florida Statute 252.30, but in no event longer than the lesser of 60 days from the termination date of the emergency or 30 days after the issuance of a certificate of occupancy or final inspection. In the event the City of Okeechobee is within the area of a hurricane watch the container must be removed within 24 hours of the issuance of the watch or tied down in a manner sufficient to withstand sustained winds of 140 miles per hour. Consensus of the Board was to add Florida Statute Chapter 252, Emergency Management, Section 252.38 to (1) i. and (2) f. and correct the wording in paragraph (2) from temporary "potable" to "portable". 3. Section 90-253, 90-282, 90-512. The definition for "bar' and the term "bar' is included in Section 90-698. It is not listed as a permitted or special exception use anywhere in the Land Development Regulations. Recommendation is: Amend Section 90-253 by adding "bar" to the list of special exception uses in the Light Commercial (CLT) District. Amend Section 90-282 by adding "bar" to the list of permitted uses in the Heavy Commercial (CHV) District. Amend Section 90-512 by adding "bar" to subsection (2), the parking requirement for commercial uses. 145 146 AGENDA IV. ITEMS OF DISCUSSION CONTINUED. B. 3. Section 90-253, 90-282, 90-512 continued. 4. Section 90-223 5. Sections 90-253, 90-283, 90-313. 6. Section 90-447. FEBRUARY 15, 2018 - PLANNING BOARD - PAGE 7 OF 9 DISCUSSION The Board had no comments on this proposal. The Light Commercial (CLT), Heavy Commercial (CHV), and. Central Business District (CBD) Zoning Districts allow one dwelling unit per commercial building as a special exception use. The Commercial Professional Office (CPO) District does not. It would appear the CPO District would be a likely candidate for the same limited mixed-use as now allowed in the other two commercial districts. Recommended is the following: Amend Section 90-223 by adding (12) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. Consensus of the Board was to remove the wording "is attached to and" as the dwelling unit would be better located above or behind. When a community allows residential uses in commercial districts, they are usually expected to be located above or behind the commercial use. This limit on the location of the dwelling unit is frequently used to maintain a continuous pedestrian path between and among commercial uses on the ground floor. When noncommercial uses are located on the ground floor fronting directly onto the sidewalk or street frontage, they interfere with continuous flow of potential shoppers and customers. Recommend the following: Amend Section 90-253, as follows: (15) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. Amend Section 90-283, as follows: (17) One dwelling unit per commercial building provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. Amend Section 90-313, as follows: (10) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. Consensus of the Board was to remove the wording "is attached to and" as the dwelling unit would be better located above or behind. Yards on corner lots. Clarification is needed for the appropriate setbacks for principal and accessory structures on corner lots or other lots with multiple street frontages. Recommend the following: Amend Section 90-447 Yards on corner lots, as follows: Any yard adjoining a street shall be considered a front yard. That yard upon which the property is addressed One fFent d is required to comply with the minimum depth requirements of the regulations of this article. The SeooT d front yard All other front yards shall be not less than 75 percent of the required minimum depth. The Board had no comments on this proposal. L AGENDA IV. ITEMS OF DISCUSSION CONTINUED. B. 7. Section 78-73. 1 FEBRUARY 15. 2018 - PLANNING BOARD - PAGE 8 OF 9 DISCUSSION Implementing language for mandatory sewer and water hook-up. Okeechobee Utility Authority (OUA) has requested and City Comprehensive Plan Policies 1.7 and 1.8 of the Infrastructure Element require mandatory hook-up to water and sanitary sewer facilities for new development and existing development under certain circumstances. These provisions should be considered for incorporation into the City's Code of Ordinances under Chapter 78, Development Standards, Article III, Utilities to ensure that the provisions of the Comprehensive Plan are implemented. Recommend adding a new Section 78-73, Mandatory hook-up, to Article III, as follows: (a) All new development and redevelopment within the City shall be required to connect to the public potable water and sanitary sewer systems in the following manner: (1) Where water and/or sanitary sewer service lines are in place immediately adjoining the property and service is available the property shall be required to connect to the system(s) and no development permit shall be approved until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. (2) Where reuse water service lines are in place immediately adjoining the property and service is available, the Property shall be required to connect to the system(s) and no development permit shall be approved until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the system(ss) have been completed. (3) Where reuse water service lines are not in place adjoining the property and reuse service is not available, the developer shall work to install a water reuse distribution system as feasible, and in coordination with, QUA, (b) All existing development within the City shall be required to connect to the public potable water and sanitary sewer systems in the following manner: (1) Where potable water and sanitary sewer service lines are in place and service is available immediately adjoining the property, any use not connected to such services shall be required, at the time of a change in ownership, to connect to the system(s). (2) No development permit shall be issued or other required approval granted, until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. Consensus of the Board was to add in paragraph (a), redevelopment being defined as the action or process of developing something again or differently. In Paragraph (a), (1) after where water and/or sanitary sewer service lines are in place immediately adjoining the property and service is available, ADD "as per state statute". Remove paragraphs (a), (2) and (3), and (b), (1), and (2). 147 W AGENDA V. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, 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. General Services' media are for the sole purpose of backup for official records. Dawn T. Hoover, Chairperson ATTEST: Pant Patty M. Burnette, Secretary FEBRUARY 15, 2018. PLANNING BOARD - PAGE 9 OF 9 DISCUSSION There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:16 p.m. 1 1 'Page 1 of i[ City of Okeechobee Planning Board City Hall, 55 SE V Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes February 15, 2018 I. Call To Order - Chairperson: Chair Hoover called the February 15, 2018, Workshop to order at p.m. II. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson, Board Member Staff Attendance - Secretary. IV. Items of Discussion - City Planning Consultant. t� A. Lot split/de minimis and combination of lots Memorandum dated January 15, 2018 (Exhibit 1). CrsnS�cs c� his �1E`��1C. GlLEh�tnssf rQfrUp /�DCESS• oM0--S' tree"►1'WititUrr1 vevleco ofn G7h(sfn�f �o�—n'ti✓�l.riuu fofS�z� • jj�� L�tS QSK�vt u�Sh�nS re �d rn ifPo.l4� i Af' l eyu (a ha � ` Ct�Fer re u-Lre rru-A--�- �t�t i e� Se��i� +�Ks1 ascees5i6v (q�p i+of y �e ak a f • �h �- �onc�u ren,/ rc✓�e�� rye i �4 a�,t {;Vass_ Fd�{ee , Unh( o� T�t(t r a7 vl �txa� :I g72� hC-S J ur +td uu n f 0, v -e sS �,�ye-pr,t�� �e�svn S b Qdd I � 1� • 5 � �' vl-f aid o%e y �..c. t�.. � �G� � e Q. Y �E a e re -�v h a uc CO n Pa 1SC t,S - ' trC 1�5, (). ,? f -et "r 1c- 0- b uo4l t t. (C4 Neo t 1 � �� e.d_ Co � c oto n � r1(� �j � wee m o o -o d e r (C) A�� 7C t� Inq � I C�(0..J � r�d.P,7, •n � G�-�ee��if �hc�f �'a rad vur�i-, i.�—A�.�r� 1,nG �lYl�i' SL,mi1A loP IU PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover Vice Chairperson McCoy ✓ Board Member Batton ✓ Board Member Baughman ✓ Board Member Brass Board Member Jonassaint Board Member McCreary ✓ Alternate Board Member Keefe Alternate Board Member vacant position Planning Consultant Brisson, Senior Planner Board Attorney Cook Board Secretary Burnette ✓ IV. Items of Discussion - City Planning Consultant. t� A. Lot split/de minimis and combination of lots Memorandum dated January 15, 2018 (Exhibit 1). CrsnS�cs c� his �1E`��1C. GlLEh�tnssf rQfrUp /�DCESS• oM0--S' tree"►1'WititUrr1 vevleco ofn G7h(sfn�f �o�—n'ti✓�l.riuu fofS�z� • jj�� L�tS QSK�vt u�Sh�nS re �d rn ifPo.l4� i Af' l eyu (a ha � ` Ct�Fer re u-Lre rru-A--�- �t�t i e� Se��i� +�Ks1 ascees5i6v (q�p i+of y �e ak a f • �h �- �onc�u ren,/ rc✓�e�� rye i �4 a�,t {;Vass_ Fd�{ee , Unh( o� T�t(t r a7 vl �txa� :I g72� hC-S J ur +td uu n f 0, v -e sS �,�ye-pr,t�� �e�svn S b Qdd I � 1� • 5 � �' vl-f aid o%e y �..c. t�.. � �G� � e Q. Y �E a e re -�v h a uc CO n Pa 1SC t,S - ' trC 1�5, (). ,? f -et "r 1c- 0- b uo4l t t. (C4 Neo t 1 � �� e.d_ Co � c oto n � r1(� �j � wee m o o -o d e r (C) A�� 7C t� Inq � I C�(0..J � r�d.P,7, •n � G�-�ee��if �hc�f �'a rad vur�i-, i.�—A�.�r� 1,nG �lYl�i' SL,mi1A loP IU IV. Items of Discussion continued. �rL� oh i L c --Rage 2 of I_ C�jw 4naviCon�,o�fits eves+s J #_Page 3 of IV. Items of Discussion continued. B. Various topics as outlined within Memorandum dated January 17, 2018 (Exhibit 2). 1 . Section 90-632 M6L qu f -act u red 64 -ed d �s �eaci a Ctn Cho #,ed o `i v Q av-r l �h��o a �lc�ced as Gtr aC�sso�� A1595L Page 4 of I I IV. Items of Discussion continued. 2. Section 90-705 porgO-bLe- oS1�ya-9e Con Frac �0 D S por4aloie. f ndtad ®- Po�"a.btc , TYPO (3a, CO a�+-( Page 5 of IV. Items of Discussion continued. 3. Sections 90-253, 90-282, 90-512 --b 0 r_ J us4 e (ec(.0 a F -IT Page 6 of IV. Items of Discussion continued. 4. Section 90-223 Opp, �n Wei, aeorh�c( lb - Ell eesewz 4b see •4 ljI.eI1�WI Y Yt.CCw fov "' 1{ JjRft Page 7 of I I IV. Items of Discussion continued. 5. Sections 90-253, 90-283, 90-313 ct9 can wa\ chta- o -n (w) e FA b> -"-q Cv",�UrAs Page 8 of I IV. Items of Discussion continued. hi Page 9 of IV. Items of Discussion continued. 6. -Section 90-447- yo-rds on Oor"r- lots. kjk IV. Items of Discussion continued. �a," elf 7. Section 78-73 / (Y VIA" hoo k(f p- -Tei m `buva d n 6(1, rCt-erepO — q+j sf T.c h t I ,Jr� (rots ►n P taco /� `no�1 po" sods — qv re a se. toaAr 5e-ro� ? �OHr�CooK�aPSn't �na� �Pfrn I hay ou>hQ" pec vclvprn�nl ftK_ 9- a. tvh Cines req=ped QPP 9 Page 10 of I WZIM Page 11 of l IV. Items of Discussion continued, Civ p�S 0 CY6 V. ADJOURN - Chairperson. � LaKue, 0V7X]r !--L 11 Memorandum To: Patty Burnette, General Services Coordinator From: Bill Brisson, AICP Sr. Planner, LaRue Planning Date: February 28, 2018 Subject: Seven Proposed LDR changes per Planning Board meeting 2/15/18 Over the past few years we have gathered quite a few items that we believe should be considered to address a variety of issues and situations that have arisen. Some were identified by City Staff because of inquiries by property owners or other interested parties, and others we have identified during of our continuing planning efforts. Our introductory comments or other notations are shown in this Arial typeface. Existing and proposed text in the Land Development Regulations (LDRs) are shown in standard Times Roman typeface. As usual, we identify language to be deleted in StFikeout format and new language is underlined. Changes to the proposals that were arrived at by consensus among the Planning Board members at the February 15`h Work Session are identified in red. Additions by the Planning Board are underlined, and deletions are in s*-kot format. 1. Where do "manufactured steel containers" intended to be used for permanent storage fit in the Land Development Regulations? These should be considered accessory structures. We recommend adding the following language as subsection (e) under Sec. 90-632. (e) Any structure or container, other than a temporary structure as defined in Sec. 66-1, used for storage as an accessory to a residential use must be aneher-ed to placed as an accessory structure in a manner consistent with the requirements of the Florida Building Code. Providing planning and management solutions for local governments 1375 ,Jackson `j' treet, `j' uite 206 Fort %jers, FL, 55901 239-334-3366 www.larueplanning.com 2. Add a new supplementary use regulation, §90-705, for Temporary portable storage containers, to read as follows: 490-705, Temporary portable storage containers ( Temporary portable storage containers are allowed in single family residential zoning districts subject to the following restrictions and limitations: a. The principal use on the property must be a single-family residence. b. The container must remain on the property no more than 15 days, includingthe he day of delivery and removal. d. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. e. The maximum number of times a container may be delivered to a site is three times per calendar year. f. At least 30 days must elapse between placements of a container on a property, g_ The container must be placed only on a driveway or in the side or rear yard. h. When placed on the driveway within the front setback area the container must be located so that pedestrian and vehicular traffic is not obstructed and so that the view of an operator of a motor vehicle entering or exiting a right-of-way is not obstructed. In the case of a city-wide declaration establishing civil emergency condi- tions, the container may remain on a site for the length of time of the civil emergency established pursuant to Chapter 252, Emergency Management, Section 252.38 but in no event longer than 60 days from the termination date of the emergency. L In the event the City of Okeechobee is declared to be within the area of a hurricane watch the container must be removed within 24 hours of the issuance of the watch or tied down in a manner sufficient to withstand sus- tained winds of 140 miles per hour. Temporary portable storage containers used in connection with permitted construction activity may be located in any zoning district subject to the following conditions: a. The container must not encroach on sidewalks, rights-of-Way,_adjacent properties, or obstruct the view of motorists. b. The container may remain on the lot for the duration of construction authorized by an active building permit. C. The container must be removed within 30 days of issuance of a certificate of occupancy or final inspection. .�y�} �(_�,aygue Pti0 0 d. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. e. Storage of hazardous materials including flammable and biohazard sub- stances in the container is prohibited. f. In the case of a city-wide declaration establishing civil emergenccon- ditions, the container may remain on a site for the length of time of the civil emergency established pursuant to Chapter 252, Emergency Management, Section 252.38 but in no event longer than the lesser of 60 days from the termination date of the emergency or 30 days after the issuance of a certificate of occupancy or final inspection g. In the event the City of Okeechobee is within the area of a hurricane watch the container must be removed within 24 hours of the issuance of the watch or tied down in a manner sufficient to withstand sustained winds of 140 miles per hour. 3. "Bar" as an allowable use Although there is a definition for the term "bar" and the term "bar' is included in the provisions of §90-698, it is not listed as a permitted or special exception use anywhere in the LDRs. We believe "bar' should be added wherever the term "nightclub" is used as a permitted use (CHV District) or a special exception use (CLT District) and in §90-512 where the parking requirement for such use is set forth. We recommend the following amendments: a. Amend §90-253 by adding bar to the list of special exception uses in the CLT District, to read as follows: (3) Private club, nightclub, and bar. b. Amend §90-282 by adding "bar' to the list of permitted uses in the CHV District, to read as follows: (8) Private club, nightclub, and bar. C. Amend §90-512 by adding bar to subsection (2), the parking requirement for commercial uses, to read as follows: Restaurant, nightclub, and bar. 3 L-K�C ptanni ng 4. CPO District — allow one residential unit per commercial building. The CLT, CHV and CBD Districts allow one dwelling unit per commercial building as a special exception use. The CPO District does not. It would appear to us that the CPO District would be a likely candidate for the same limited mixed-use as now allowed in the other two commercial districts. We recommend the following amendment: Amend §90-223 by adding a new subsection (12) to the list of special exception use in the CPO District to read as follows: (12) One dwelling unit per commercial building, provided that the dwelling unit is attaehed-to and located either above or behind the ground floor commercial use. 5. Modify the provisions allowing one residential unit per commercial building in the CLT, CHV and CBD Districts to read the same as that proposed for the CPO District. There are no guidelines or regulations pertaining to where the residential unit should be located. When a community allows residential uses in commercial districts, they are usually expected to be located above or behind the commercial use. This limit on the location of the dwelling unit is frequently used to maintain a continuous pedestrian path between and among commercial uses on the ground floor. When noncommercial uses are located on the ground floor fronting directly onto the sidewalk or street frontage, they interfere with continuous flow of potential shoppers and customers. We believe that it was very likely the intent of allowing the residential unit that it be located above, or perhaps behind, the commercial use. Amend Sec. 90-253, subsection (15) to read as follows: (15) One dwelling unit per commercial building, provided that the dwelling unit is aaaelied to and located either above or behind the ground floor commercial use. Amend Sec. 90-283, subsection (17) to read as follows: (17) One dwelling unit per commercial building, provided that the dwelling unit is a4taehed to located either above or behind the ground floor commercial use. Amend Sec. 90-313, subsection (10) to read as follows: (10) One dwelling unit per commercial building, provided that the dwelling unit is a4taehed to and located either above or behind the ground floor commercial use. 4 L-K,?e pl'annin'g 6. Yards on corner lots. Need to clarify the appropriate setbacks for principal and accessory structures on corner lots or other lots with multiple street frontages. We suggest that the required front yard setback be applied to that street frontage upon which the property is addressed and the secondary street setback(s) be applied to all other street frontages on a lot or parcel. Amend §90-447. Yards on corner lots, to read as follows: Any yard adjoining a street shall be considered a front yard. Thatacrd upon which the property is addressed One ffent 5 , a is required to comply with the minimum depth requirements of the regulations of this article. The second 4ent y -d All other front yards shall be not less than 75% of the required minimum depth. 7. Implementing language for mandatory sewer and water hook-up. Okeechobee Utility Authority (OUA) has been requesting this since about 2011 and Policies 1.7 and 1.8 of the Infrastructure Element of the Comprehensive Plan require mandatory hook-up to water and sewer facilities for new development and existing development under certain circumstances. These provisions should be considered for incorporation into the City's Code of Ordinances under Chapter 78, Development Standards, Article III, Utilities to ensure that the provisions of the Comprehensive Plan are implemented. We recommend adding a new Section 78-73, Mandatory hook-up, to Article III, to read as follows: Sec. 78.73. Mandatory hook-up. (a) All new development and redevelopment (redevelopment being defined as the action or process of developing something again or differently) within the City of Okeechobee shall be required to connect to the public potable water and sanitary sewer systems in the following manner: (1) Where water and/or sanitary sewer service lines are in place immediately adjoining the property and service is available as per state statute, the property shall be required to connect to the s.. sus) and no development permit shall be approved until such time as financial arrangements with Okeechobee Utility Authority (QUA) for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. 5 LaKue ptannin J LaRuc planrlLng CITY OF OKEECHOBEE PLANNING BOARD FEBRUARY 15, 2018, OFFICIAL AGENDA 91 x PAGE 1 OF 1 I. CALL TO ORDER - Chairperson: February 15, 2018, Workshop, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. OPENING CEREMONIES: Pledge of allegiance led by Chairperson. III. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice -Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. ITEMS OF DISCUSSION - City Planning Consultant. A. Lot split/de minimis and combination of lots Memorandum dated January 15, 2018 (Exhibit 1). B. Various topics as outlined within Memorandum dated January 17, 2018 (Exhibit 2). 1. Section 90-632 2. Section 90-705 3. Sections 90-253, 90-282, 90-512 4. Section 90-223 5. Sections 90-253, 90-283, 90-313 6. Section 90-447 7. Section 78-73 V. ADJOURN - Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record ofthe 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. 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 General Services Department, no later than two business days prior to the proceeding, 863-763-3372. EDTA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County Florida, that j the attached copy of advertisement being a� �iri;"1"� 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of AD Notary Public, State of Florida at Large A ;io'•"""`x¢., MW BRIDGE— -- g --•r -N "rCOMM331O "978149 ;' EXMRES: Apd 20, 2020 aP P „••' Battled TAru WtW ptfW, UrtC,.,,� PUBLIC NOTICE CITY PLANNING BOARD WORKSHOP NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning 8 will conduct a Workshop on Thur., Feb. 15, 2018, 6 PM, or as thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, tp is to consider and discuss possible am lent Regulations in these specific areas as I to these listed: Adding a definition for and Joinder of a Lot; amend the Subdivis ues for lot splits and combining mulnnle ugnc Lommeraai, Heavy Commercial, and Central Business District Zoning DiAnifts; consider amending the Permitted Uses in the Heavy Commercial Zoning District; consider amendments to I) \elopment Standards chapter by requidng mandatory hook-up to the Okeechobee lJtiltty Authority Sys- tem; amending the Supplementary District Regulations in the areas of Yards on Corner Lots; Off Street Parking and Loading Space Regulations; Accesso- ry Use and Structures; and Special Exception and Supplemental Use Regula- tions for temporary portable storage containers . and encouraged to attend. The agenda may be chobee.com or by calling the General Services 01 ANY, PERSON DECIDING TO APPEAL any decision made by the PB with respell to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record includes the testimo- ny and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services 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 PB in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records Chairperson Dawn Hoover 347 ON 217/2017 Exhibit 1 Memorandum To: Planning Board From: Bill Brisson, AICP Sr. Planner, LaRue Planning Date: January 15, 2018 Subject: Proposed LDR changes re: Lot splits and Combinations of lots BACKGROUND Chapter 86 of the City's Code of Ordinances contains the provisions regulating subdivision of land within the City. The definition of "subdivision" follows: "Subdivision means the division of land into three or more lots, sites, or parcels, any one of which contains two acres or less in area, or, if a new street or easement for street purposes or the establishment or dedication of a highway, street, or alleys'is involved, any division of a parcel of land. The term "subdivision" includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. The sale or exchange of small parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots shall not be considered a subdivision of land." [emphasis added] This definition does not address the division of land into two parcels which do not involve the need for a new street, alley or easement. In planning parlance, such a division of land is commonly referred to as a" lot split", "simple lot split" or "de minimis subdivision". Of course, no matter which term is used, a lot split is still subject to the minimum lot size and frontage requirements of the zoning district in which the land is located; and, any development of such lots must also meet the setback and other development standards applicable in that zoning district. Unfortunately, however, without specific regulations and a process to address this type of subdivision of land, it can occur without the City's knowledge. This can result in lots that do not conform to minimum frontage, minimum land area, maximum lot or impervious coverage requirements. It can also result in the creation of landlocked lots, or lots with buildings or other struc- tures the locations of which do not conform to the City's setback requirements. The Building Official and I agree that Chapter 86 of the City's Code of Ordinances should include regulations addressing simple lot splits/de minimis subdivisions and the provic7ina planning and manacrement 5olritlon5 for local yovernmcnts 13'� �lachson �tre;.E. 1_)UItC'. 0C, rort ML1ers; rL_ )� 001 www.larueplanniner cane combination of multiple lots into one lot or parcel (also referred to as a "joinder"). In addition to general instructional texts such as the Florida Model Land Development Code and the 21St Century Land Development Code, we have looked at the Land Development Codes (LDCs) and Land Development Regulations (LDRs) of eight other Florida communities: Based on our review, we have compiled a set of regulations we believe would be most suited to the City of Okeechobee. We have tried to keep the regulations as simple and straight -forward as possible. The following recommendations are provided as additions and/or changes to Chapter 86. As usual, we have underlined proposed new text RECOMMENDATIONS . Add definitions for "lot split/de minimis subdivision" and "joinder" to Sec. 86-4, Definitions, to read as follows: Lot split/de minimis subdivision means a division or reconfiguration of land, whether improved or unimproved, into not more than two contiguous lots or parcels of land and which division or reconfiguration does not involve the need for a new street, or easement for street purposes, or the establishment or dedica- tion of a highway, street, or alley. Joinder of a lot means any combination of a lot or record, or parcel of land (or portions thereof) with one or more other lots, lots of record, or parcels of land (or portions thereof). 2. Add a new DIVISION 3, SIMPLE LOT SPLITS/DE MINIMIS SUBDIVISIONS 3. Add a new Section 86-90, under DIVISION 3, to read as follows: Sec. 86-90. Procedure for application submission and approval of a simple lot split/de minimis subdivision (hereinafter referred to as a lot split). (a) Submittal. The city shall consider a proposed lot split upon submittal of (2) copies of the following information: (1) A cover letter describing the project, identifying the project contact person(s) and any other information relevant for City's staff review. If the applicant is other than the legal owner, the applicant's interest shall be indicated and the legal owner's authority to apply shall be included in a certified legal form. (2) Completed application form. LaRue 0401.0-g (3) All applicable fees (Appendix C. Schedule of Land Development Regu- lation Fees and Charges). Owner's authorization (if applicable). (5) A survey, not more than one year old, prepared by a professional land surveyorgistered in the State of Florida. The survey must include legal descriptions, acreage and square footage of the original and proposed lots and a scaled drawing showing the intended division, including any existing or required easements and/or restrictions. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application; and a metes and bounds description shall accompany each description. (6) A statement from the appropriate provider indicating if water and sani- tary sewer service capacity is available to the property (b) Standards. All lot split requests must conform to the following standards: The division of land must not increase the number of lots to greater than two, (2) The property that is the subject of the lot split shall be current in its ad valorem tax and other assessments due to the Citv and Countv: Each of the newly created lots must meet or exceed all requirements of the zoning district in which the lot is located; Each of the newly created lots must abut a public or private street for the required minimum street frontage for the type of lot, or as otherwise stated in the city's subdivision regulations; Each of the newly created lots must have no encumbrances on the subject property that would render the newly created lots undevelopable, or would impact the transfer of title; (6) If there are existing structures on the subject property, the lot split shall not cause anV existing principal or accessory structures to become non- conforming regarding required setbacks, maximum allowable density or maximum allowable intensity; lof cover ) impeikr t s_,arkt4L q, A�_ (7) The proposed lot split must be consistent with surrounding lots. In deter- mining consistency and compatibility with surrounding lots, the city council may consider, among other things whether the existing or platted lots have been divided; and whether the majority of existing or platted lots are comparable in size or configuration along the same street within 500 feet of the suboect lot; LaRue, p#*nra9 (8) No further division of an approved lot split is permitted unless a devel- opment plan and plat/replat is prepared and submitted in accordance with the city's subdivision regulations, and this chapter; (9) A lot split may not be approved if property taxes are not current for any part of the property that is the subject of a proposed lot split. (c) Approval. The city administrator, or his designee, shall review the lot split application and, with input as needed from the city's planning consultant and other members of the Technical Review Committee (TRC), determine if the application meets the submittal requirements of Sec. 86- 90(x). (2) If the submittal is incomplete, the applicant will be notified of the defi- ciencies for revision and resubmittal. (3) When a submittal or revised submittal is found complete, the city administrator, or his designee, will review the application for consistency with the standards of Sec. 86-90(b), with input as needed from the citv's planninq consultant and other members of the TRC. the citv administrator finds that the application meets all the standards of Sec. 86-90(b), he may approve the lot split and notify the applicant accordingly. If not, he may approve the lot split with con- ditions, or disapprove the lot split, and notify the applicant accordingly. (d) Actions subsequent to approval. Before a building permit may be issued, the applicant must: (1) Record the lot split in the official records of Okeechobee County, and (2) Provide proof of the lot split approval by the city administrator. LaRue ifAr9 Add a new DIVISION 4, COMBINATION OF LOWS Add a new Section 86-91, under DIVISION 4, to read as follows: 86-91, Procedure for application submission and approval to combine multiple lots into one parcel or lot (hereinafter referred to as a "joinder"). (a) Submittal. The city shall consider a joinder upon submittal of (2) copies of the following information: (1) A cover letter describing the project, identifVing the project contact person(s) and anV other information relevant for City's staff review. If the applicant is other than the legal owner, the applicant's interest shall be indicated and the legal owner's authority to apply shall be included in a certified legal form. (2) Completed application form. (3) All applicable fees (Appendix C. Schedule of Land Development Requ- lation Fees and Charges). (4) Owner's authorization (if applicable). (5) A survey, not more than one year old, prepared by a professional land surveyor registered in the State of Florida. The survey must include legal descriptions, acreage and square footage of the original lots and proposed lot and a scaled drawing showing the intended joinder, including any existing or required easements and/or restrictions. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application; and a metes and bounds description shall accompany each description. (6) Completed Unity of Title form. The current Unity of Title form follows: LaKu� 01140g UNITY OF TITLE In consideration of the issuance of a Permit to as Owner(s) for the construction of In the City of Okeechobee, Florida, and for goods and valuable considerations, the undersigned hereby agrees to restrict the use of lands described in EXHIBIT "A" attached hereto in the following manner: 1. That said property shall be considered as one plot and parcel of land and that no portion of said plot and 'parcel of land shall be sold, transferred, devised, or assigned separately except in its entirety as one plot or parcel of land. 2. The undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, their heirs and assigns until such time as the same may be released in writing by the City Council. 3. The undersigned further agrees that this instrument shall be recorded in the Public Records of Okeechobee County. Signed, sealed, executed and acknowledge on the day of , 20 In Okeechobee County, Florida. WITNESS: OWNER(S) Name Printed: Name Printed: Address: Name Printed: STATE OF FLORIDA COUNTY OF OKEECHOBEE Name Printed Address: I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of 20 , by He or she is personally known to me or has produced as identification. NOTARY PUBLIC [game Printed: State of My Commission Expires: at large (b) Standards. All joinder requests must conform to the following standards: 6 LaR��, P �nli!rj:g The properties that are the subject of the joinder shall be current in their respective ad valorem tax and other assessments due to the City and CountV; (2) All lots or parcels (or portions thereof) shall be located within the same zoning district. (c) Approval. (1) The citv administrator, or his designee, shall review the joinder application and, with input as needed from the city's planning consultant and other members of the Technical Review Committee (TRC), determine if the application meets the submittal requirements of Sec. 86-91(a). (2) If the submittal is incomplete, the applicant will be notified of the deficiencies for revision and resubmittal. (3) When a submittal or revised submittal is found complete, the city administrator, or his designee, will review the application for consistency with the standards of Sec. 86-91(b), with input as needed from the city's planning consultant and other members of the TRC. 4 If the citV administrator finds that the application meets all the standards of Sec. 86-91(b),he ma approve the lots lit and notifv the applicant accordingly. If not he-inay a rove a of spj-ft s-ftwith conditions or disapprove the of s li and notif t e applicant accordingly. (d) Actions subsequent to approval. Before a building permit may be issued, the applicant must: (1) Record the Unity of Title in the official records of Okeechobee County, and (2) Provide proof of the joinder approval bV the city administrator. 7 LaKuc P# qi1 , § w Exhibit 2 Memorandum To: Planning Board From: Bill Brisson, AICP Sr. Planner, Larue Planning Date: January 17, 2018 Subject: A variety of proposed changes to the LDRs Over the past few years we have gathered quite a few items that we believe should be considered to address a variety of issues and situations that have arisen. Some were identified by City Staff because of inquiries by property owners or other interested parties, and others we have identified during of our continuing planning efforts. I have prepared this memorandum for your review in a Work Session to determine which of the seven items you feel are worth pursuing further at a regular meeting of the Planning Board. Our introductory comments or other notations are shown in this Arial typeface. Existing and proposed text in the Land Development Regulations (LDRs) are shown in standard Times Roman typeface. As usual, we identify language to be deleted in strikeout format and new language is underlined. Where we have proposed to relocate text from an existing section of the LDRs to another or have questions, we have the notation. 1. Where do "manufactured steel containers" intended to be used for permanent storage fit in the Land Development Regulations? These should be considered accessory structures. We recommend adding the following language as subsection (e) under Sec. 90-632. (e,) Any structure or container, other than a temporary structure as defined in Sec. 66-1 used for storage as an accessory to a residential use must be anchored to the ground in a manner consistent with the requirements of the Florida Building Code. providing planning and management solutions dor local governments 13%,5 �ac�Cson treet, �juitr. 4�C Pori Mtj rs, FL -33901 www.Iarueplanning.com 2. Add a new supplementary use regulation, §90-705, for Temporary portable storage containers, to read as follows: Z 90-705, Temporary portable storage containers Temporary_ portable storage containers are allowed in single family residential zoning districts subject to the following restrictions and limitations: a. The principal use on the property must be a single-family residence. b. The container must remain on the property no more than 15 days includingthe he day of delivery and removal. d. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. e. The maximum number of times a container may be delivered to a site is three times per calendar year. f. At least 30 days must elapse between placements of a container on a property. g. The container must be placed only on a driveway or in the side or rear ard. h. When placed on the driveway within the front setback area the container must be located so that pedestrian and vehicular traffic is not obstructed and so that the view of an operator of a motor vehicle entering or exiting_a right-of-way is not obstructed. i. In the case of a city-wide declaration establishing civil emergency condi- tions, the container may remain on a site for the length of time of the civil emergency established pursuant to M of the Okeechobee Code of Ordinances, but in no event longer than 60 days from the termination date of the emergency. L In the event the City of Okeechobee is declared to be within the area of a hurricane watch the container must be removed within 24 hours of the issuance of the watch or tied down in a manner sufficient to withstand sus- tained winds of 140 miles per hour. 2) T conditions: a. The container must not encroach on sidewalks, rights-of-way, adjacent properties, or obstruct the view of motorists. b. The container may remain on the lot for the duration of construction authorized by an active building permit. C. The container must be removed within 30 days of issuance of a certificate of occupancy or final inspection. pt1LaRue ring a5a.� d. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. e. Storage of hazardous materials including flammable and biohazard sub- stances in the container is prohibited. f. In the case of a city-wide declaration establishing civil emergency con- ditions, the container may remain on a site for the length of time of the civil emergency established pursuant to ® of the Okeechobee Code of Ordinances, but in no event longer than the lesser of 60 days from the termination date of the emergency or 30 days after the issuance of a cer- tificate of occupancy or final inspection. g. In_ the event the City of Okeechobee is within the area of a hurricane watch the container must be removed within 24 hours of the issuance of the watch or tied down in a manner sufficient to withstand sustained winds of 140 miles per hour. 3. "Bar" as an allowable use Although there is a definition for the term "bar" and the term "bar" is included in the provisions of §90-698, it is not listed as a permitted or special exception use anywhere in the LDRs. We believe "bar" should be added wherever the term "nightclub" is used as a permitted use (CHV District) or a special exception use (CLT District) and in §90-512 where the parking requirement for such use is set forth. We recommend the following amendments: a. Amend §90-253 by adding bar to the list of special exception uses in the CLT District, to read as follows: (3) Private club, nightclub, and bar. b. Amend §90-282 by adding "bar" to the list of permitted uses in the CHV District, to read as follows: (8) Private club, nightclub, and bar. C. Amend §90-512 by adding bar to subsection (2), the parking requirement for commercial uses, to read as follows: Restaurant, nightclub, and bar. LaRue 3 panning 4. CPO District — allow one residential unit per commercial building. The CLT, CHV and CBD Districts allow one dwelling unit per commercial building as a special exception use. The CPO District does not. It would appear to us that the CPO District would be a likely candidate for the same limited mixed-use as now allowed in the other two commercial districts. We recommend the following amendment: Amend §90-223 by adding a new subsection (12) to the list of special exception use in the CPO District to read as follows: (12) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. 5. Modify the provisions allowing one residential unit per commercial building in the CLT, CHV and CBD Districts to read the same as that proposed for the CPO District. There are no guidelines or regulations pertaining to where the residential unit should be located. When a community allows residential uses in commercial districts, they are usually expected to be located above or behind the commercial use. This limit on the location of the dwelling unit is frequently used to maintain a continuous pedestrian path between and among commercial uses on the ground floor. When noncommercial uses are located on the ground floor fronting directly onto the sidewalk or street frontage, they interfere with continuous flow of potential shoppers and customers. We believe that it was very likely the intent of allowing the residential unit that it be located above, or perhaps behind, the commercial use. Amend Sec. 90-253, subsection (15) to read as follows: (15) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. Amend Sec. 90-283, subsection (17) to read as follows: (17) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. Amend Sec. 90-313, subsection (10) to read as follows: (10) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. 4 L -K- pMnniN 6. Yards on corner lots. Need to clarify the appropriate setbacks for principal and accessory structures on corner lots or other lots with multiple street frontages. We suggest that the required front yard setback be applied to that street frontage upon which the property is addressed and the secondary street setback(s) be applied to all other street frontages on a lot or parcel. Amend §90-447. Yards on corner lots, to read as follows: Any yard adjoining a street shall be considered a front yard. That yard upon which the property is addressed One front y is required to comply with the minimum depth requirements of the regulations of this article. The sec^„a font yard All other front yards shall be not less than 75% of the required minimum depth. 7. Implementing language for mandatory sewer and water hook-up. Okeechobee Utility Authority (OUA) has been requesting this since about 2011 and Policies 1.7 and 1.8 of the Infrastructure Element of the Comprehensive Plan require mandatory hook-up to water and sewer facilities for new development and existing development under certain circumstances. These provisions should be considered for incorporation into the City's Code of Ordinances under Chapter 78, Development Standards, Article III, Utilities to ensure that the provisions of the Comprehensive Plan are implemented. We recommend adding a new Section 78-73, Mandatory hook-up, to Article III, to read as follows: Sec. 78.73. Mandatory hook-up. (a) All new development and redevelopment within the City of Okeechobee shall be required to connect to the public potable water and sanitary sewer systems in the following manner: (1) Where water and/or sanitary sewer service lines are in place immediately adjoiningproperty and service is available, the property shall be required to connect to the system(s) and no development permit shall be approved until such time as financial arrangements with Okeechobee Utility Authority (QUA) for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. (2) Where reuse water service lines are in place immediately adjoining the property and service is available, the property shall be required to connect to the system(s) and no development permit shall be approved until such time as financial arrangements with QUA for the pgyment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. (3) Where reuse water service lines are not in place adjoining_ the property and reuse service is not available, the developer shall work to install a water reuse distribution system as feasible and in coordination with, QUA. LaRue pfannin'g All existing development within the City of Okeechobee shall be required to connect to the public potable water and sanitary sewer systems in the following manner: (11,) Where potable water and sanitary sewer service lines are in place and service is available immediately adjoining the property, any use not connected to such services shall be required, at the time of a change in ownership, to connect to the system(s). No development permit shall be issued, or other required approval granted, until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed.