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2007-03-20 Regular Meeting740 CITY OF OKEECHOBEE MARCH 205 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: March 20, 2007 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Dr. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 6, 2007 Regular Meeting. PAGE 1 OF 4 Mayor Kirk called the March 20, 2007 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Dr. Weiss of the Church of Our Saviour; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Absent Present (entered chambers at 6:04 p.m.) Present Absent Absent Present Present Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the March 6, 2007 Regular Meeting as corrected; seconded by Council Member C. Williams. No discussion on this item. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 741 V. WARRANT REGISTERS - City Administrator. A. Approve the February 2007 Warrant Register: Capital Improvements'Projects Fund - Vehicles ...... $501,488.40 General Fund ................................ $374,658.12 Public Facilities Improvement Fund ................ $70,603.45 CDBG Fund ................................... $4,091.75 MARCH 20, 2007 - REGULAR MEETING - PAGE 2 OF 4 Council Member Watford moved to approve the February 2007 Warrant Register in the amounts of: Capital Improvements Projects Fund - Vehicles, five hundred one thousand, four hundred eighty-eight dollars and forty cents ($501,488.40); General Fund, three hundred seventy-four thousand, six hundred fifty-eight dollars and twelve cents ($374,658.12); Public Facilities Improvement Fund, seventy thousand, six hundred three dollars and forty-five cents ($70,603.45); Community Development Building Grant Fund (CDBG), four thousand ninety-one dollars and seventy- five cents (4,091.75) seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA VI. AGENDA -Mayor. C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's 11 Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business Item B was deferred until the April 3, 2007 meeting. New Business Item C, Exhibit 2 was added. VII. NEW BUSINESS. A. Consider City Appointees to the OUA Board - City Clerk (Exhibit 1). The Council appoints three City residents to serve on the Okeechobee Utility Authority Board (OUA). This year a regular member and an alternate member need to be appointed. The board member positions were advertised with no response, except for the members who are currently serving. Mr. Steve Nelson (regular), and Mr. Frank Irby (alternate). Council Member Watford moved to re -appoint Mr. Nelson as the regular member (for four years, March 1, 2007 through March 1, 2011) and Mr. Irby as the alternate member (for two years, March 1, 2007 through March 1, 2009) to the OUA Board; seconded by Council Member C. Williams. IIII The Mayor and Council expressed their gratitude to these men for serving on this Board, and representing the City. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. 742 MARCH 20, 2007 - REGULAR MEETING - PAGE 3 OF 4 N= DISCtJSS[{}N VII. NEW BUSINESS CONTINUED. B. Discussion regarding Code Enforcement Magistrate process - City Administrator. The discussion regarding the Code Enforcement Magistrate process was deferred until the next meeting, in order to allow for the City Administrator to be present for the discussion. ITEM ADDED TO THE AGENDA: C. 1. a) Motion to read by title only, and set April 3, 2007 as a final public hearing date for proposed Ordinance No. 980 correcting a scrivener's error in the legal description of Ordinance No. 969. Clerk Gamiotea requested the following item be added to the agenda: Council Member Watford moved to read by title only, and set April 3, 2007 as a final public hearing date for proposed Ordinance No. 980 correcting a scrivener's error in the legal description of Ordinance No. 969; seconded by Council Member C. Williams. b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 980 by title only. Attorney Cook read proposed Ordinance No. 980 by title only as follows: "AN ORDINANCE CORRECTING A SCRIVENERS'S ERROR IN THE LEGAL DESCRIPTION OF ADOPTED ORDINANCE NO. 969 CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEEAS RECORDED IN PLAT BOOK 1, PAGE 17AND BLOCK 1, ROYAL OAK ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DAT€." 2. a) Motion to approve the first reading of proposed Ordinance No. 980. Council Member Markham moved to approve the first reading of proposed Ordinance No. 980; seconded by Council Member L. Williams. b) Discussion. The legal description in adopted Ordinanance No. 969 is incorrect. Lot 5 should read Lot 10. This will correct the error. Clerk Gamiotea thanked the property appraisers office for catching the error. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. VIII. ADJOURN MEETING - Mayor. 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 is for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor "ATTEST: 14 Lan Gamiotba, CMC, City Clerk 743 MARCH 20, 2007 - REGULAR MEETING - PAGE 4 OF 4 GOUNGIL � :DISCUSSION - VOTE THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:08 P.M. The next regularly scheduled meeting is April 3, 2007. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE. Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013349 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 03/15/2007 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 firsf publication of the attached copy of advertisement; and affiant further says that he 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. I James kjHughes, Jr., (Publisher) V Sworn to and subscribed before me this ! t day of __ ✓ i' A.D. 2007 (SEAL) ` Notary Public Commission #DD31848 Expires, Jun 25, 2008 Bonded TII s... o +Oantic Bonding CO., ln� u I COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will mat in Regular Session on Tuesday, March 20, 2007, 6:00 p.m., City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida- The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 z 212. PLEASE TAKE NOTICE AND BE AD- VISED that if any person desires to. appeal any decision made by the City Council with respect to any matter considered at this mating, such interested person will need a record of the pro- ceedings, and for such purpose may need to en- sure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accorrunodaoon to participate in this proceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863- 763-3372 z 214; if you are hearing or voice irn- Paired, call TDD 1-800-222-3448 (voice) or I- 888-447-5620 (TTY). by' James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Publish. 03/152007 Okeechobee Times Page -1- CITY OF OKEECHOBEE - March 20, 2007 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk March 20 2007 City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Dr. Edward Weiss, Church of Our Saviour: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson V F� s IV. MINUTES - City Clerk. A. Council Member co moved to dispense with the reading and approve the Summary of Council Action for the March 6, 2007 Regular Meeting, seconded by Council Member 0 � o VOTE YEA NAY ABSTAIN ABSENT Clva KIRK v' C. WILLIAMS MARKHAM �- WATFORD �-- L. WILLIAMS MOTION: DENIE� V. WARRANT REGISTERS - City Administrator. A. Council Member W) moved to approve the February 2007 Warrant Register in the amounts of: Capital Improvements Projects Fund - Vehicles, five hundred one thousand, four hundred eighty-eight dollars and forty cents ($501,488.40); General Fund, three hundred seventy-four thousand, six hundred fifty-eight dollars and twelve cents ($374,658.12); Public Facilities Improvement Fund, seventy thousand, six hundred three dollars and forty-five cents ($70,603.45); Community Development Building Grant Fund (CDBG), four thousand ninety-one dollars and seventy-five cents (4,091.75) seconded by Council MemberJ►1 VOTE YEA NAY ABSTAIN ABSENT �'Lt-U-s_ KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS v MOTION: DENIED/P. Page -2- VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. W ja( o AAd. C VII. NEW BUSINESS. A. Consider City Appointees to the OUA Board - City Clerk (Exhibit 1). I �� Appointments for the Okeechobee Utility Authority Board are due, one regular member (appointment for four years from April 1, 2007 through March 31, 2011) and one alternate member (appointment for two years from April 1, 2007 through March 31, 2009). The vacancies were advertised with no response. The two members who are currently serving are Mr. Steve Nelson (regular), and Mr. Frank Irby alternate), and are both willing to continue to serve on the board. C) Vote on motion. 4-0 VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DENIE ARRIED. B. Discussion regarding Code Enforcement Magistrate process - City Administrator. ITEM ADDED TO THE AGENDA: C. 1. a) Council Member moved to read by title only, and set April 3, 2007 as a final public hearing date for proposed Ordinance No. 980 correcting a scrivener's error in the legal description of Ordinance No. 969; seconded by Council Member 0 ( 0 . b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK t, MARKHAM V WATFORD v C. WILLIAMS " L. WILLIAMS MOTION: DENIE RRIED' c) Attorney Cook read proposed Ordinance No. 980 by title only as follows: "AN ORDINANCE CORRECTING A SCRI VENERS'S ERROR IN THE LEGAL DESCRIPTION OFADOPTED ORDINANCE NO.969 CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 17 AND BLOCK 1, ROYAL OAKADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member 10-� moved to approve the first reading of proposed Ordinance No. 980; seconded by Council Member AIA, b) Discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK t� MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: DENIED/ ARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT P.M. CITY OF OKEECHOBEE March 20, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 2 L CALL TO ORDER - Mayor: March 20, 2007, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Dr. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook . City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 6, 2007 Regular Meeting. • MARCH 20, 2007 - CITY COUNCIL AGENDA - PAGE 2 OF 2 V. WARRANT REGISTER - Mayor. A. Motion to approve the February 2007 Warrant Register. Capitol Projects - Vehicles $501,488.40 General Fund $374,658.12 Public Facilities Fund $ 70,603.45 CDBG Fund $ 4,091.75 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A. Consider City Appointees to the OUA Board - City Clerk (Exhibit 1). B. Discussion regarding Code Enforcement Magistrate process - City Administrator. VIII. ADJOURN MEETING - Mayor. 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. • • Exhibit 1 )larch 20, 2007 MEMORANDUM TO: Mayor and Council FROM: Lane Gamiotea, City Clerk SUBJECT: OUA Board Appointments DATE: March 14, 2007 It is that time a year again to make your appointments to the Okeechobee Utility Authority Board. One regular member and one alternate member are what needs to be appointed. We advertised the vacancies and have not received any new applications. The two members who are currently serving are: Mr. Steve Nelson (regular) and Mr. Frank Irby (alternate). The regular member is appointed for four (4) years, term would be from April 1, 2007 through March 31, 2011. The alternate is appointed for two (2) years, term would be from April 1, 2007 through March 31, 2009. Attached is a copy of the email correspondence between the OUA board secretary and members concerning their re -appointment. Thank you. ivies5a�e rage 1 ui 1 -----Original Message----- • From: Steven Nelson[mailto:stevenrx@okeechobee.com] Sent: Monday, December 04, 2006 8:46 PM To: 'Lyn Lowe' Subject: RE: Your Term of Service STEVE BE HONORED TO SERVE ANOTHER TERM -----Original Message ----- From: Lyn Lowe [mailto:lynlowe@ouafl.com] Sent: Monday, December 04, 2006 10:53 AM To: StevenRX@okeechobee.com Subject: Your Term of Service Good Morning! Your Term of Service will expire on March 1, 2007. May I give your name to the City as willing to continue to serve on the OUA Board? This term will be for four (4) years. I'd really love it if you could help us see this new plant built! Let me know! (err L<�nrr OFi&t' Gq'T!1e E, x^Falt?i'P 0I?'CC7or Okecchvb' 1.`Ii;iri: "1,,ahorite loo S1�Z�it�1 q: it'�7IltP Okeec 3/14/2007 1V1CSJ2LgC - Please note that 1 was using a form and l-ears in - Frank's term is only 2 years. • 1-age 1 01 1 -----Original Message ----- From: Frank Irby [mailto:frankirby@earthlink.net] Sent: Tuesday, December 05, 2006 2:43 PM To: Lyn Lowe Subject: Re: Your Term of Service Count me in. Frank :) -----Original Message ----- From: Lyn Lowe Sent: Dec 4, 2006 10:53 AM To: Frank Irby Subject: Your Term of Service Good Morning! Your Term of Service will expire on March 1, 2007. May I give your name to the City as willing to continue to serve on the OUA Board? This term will be for four (4) years. I'd really love it if you could help us see this new plant built! Let me know! (,trrr Z .isn't° C?Ii1Cf ��t I;ic �XtC711/I"'r' hlir'C7t%! L`�keL'Ctt�'l3ec �"''l1]Ptl� , author/t L' 0kccchobfc. T-Z 310/4-4 "'>1 lua:• &6763-3I�6 3/ 14/2007 MAYOR AND COUN%. _: PLEASE ADD THE ATTACHED ORDINANCE TO THE MARCH 20 AGENDA. _ t C. 1. a) Motion to read by title only and set April 3, 2007 as a final public hearing date for proposed Ordinance No. 980 correcting a scriveners error in the legal description of adopted Ordinance No. 969. b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 980 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 980. b) Discussion. c) Vote on motion. Thank you! Lane G. 0 f READING - MAR 20 - EXHIBIT NO. 2 FINAL PH - APR 3 - EXHIBIT NO. ORDINANCE NO. AN ORDINANCE CORRECTING A SCRIVEN SE OR IN THE LEGAL DESCRIPTION OF ADOPTED ORDINA . 969 CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 17 AND BLOCK 1, ROYAL OAK ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 84) from Bradley G. Goodbread, on behalf of George Goodbread, GAGBEE, Inc, and G-4 Land N Cattle Company, for the closing of a certain alleyway as described in this ordinance to utilize the property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for 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: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alley running North to South, located directly between Lots 4 and 5-, 10 of Block 46, First Additional to South Okeechobee according to the plat thereof recorded in Plat Book 1, Page 17 and between Lots 1 through 4 and 5 through 8 of Block 1, Royal Oak Addition, according to the plat thereof recorded in Plat Book 1 Page 8, of the public records of Okeechobee County, Florida. That the legal description previously adopted in Ordinance No. 969 is hereby rescinded. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 3rd day of April, 2007, and shall take effect immediately upon its adoption. Language underlined is to be added. Language strieken tlreagh is to be deleted. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 201h day of March, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 3" day of April, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language underlined is to be added. Language strieken throtqh is to be deleted. James E. Kirk, Mayor Page 2 of 2 • 0 City of Okeechobee SS SE 3Td Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehall( ,cityofokeechobee com *****Memorandum***** Date: March 16, 2007 TO: City Council FR: City Administrator RE: PUD Planning Attached please fine the following: 1. Okeechobee County PUD regs 2. Comments from the Royal Concrete parties on the PUD's proposed by LaRue 3. LaRue's proposed PUD regs, for discussion purposes at the Land Planning Mtg (previously distributed to you via email) 4. LaRue's prepared PUD regs in Ordinance form As briefly explained to you (via email) after the Planning meeting, there was no decision as to adopting the regulations, but there was a decision to jointly meet with the City Council. Trying to blend some of the Planning Board and a few City Council Members' schedules around Mr. LaRue's schedule ... we have tentatively set up Tue., April 3d as the workshop date! If you have questions, please do not hesitate to contact me. C: Atty Cook Planner LaRue Clerk Gamiotea Eng Bermudez _ aim 4.v .04.16 PD - Planned Development [ESTABLISHED BY ORDINANCE 05-12] �© S S PD zoning district potentially is consistent with all Future Land Use Classifications. The Planned Development district is intended to allow for various and mixed uses in a single, comprehensive development. The district is established to allow an applicant to submit a land use development proposal for consideration, to allow th ite Plan Technical Review Committee and Planning Board to review and recommend, and to allow the Boar o 'Coup yt—Lo—Mi lssloners to approve a proposal which it determines to be in the best interest of the public health, safety, and welfare, along with any conditions, requirements or limitations that recommending bodies or the 3oard of County Commissioners deem advisable. The Planned Development district is established to encourage allowing flexibility and creativity in design options. The district is intended to promote more efficient and economic uses of land; provide opportunities for design innovations by individual planned developments which are not provided for or allowed in the underlying zoning districts established by this Code; promote home ownership opportunities hies for all residents of the community; encoura e flexibility in design and allow planned integration of multiple uses and structures; a�provide for more usable and suitably located recreational facilities, open spaces and scenic areas, either than would otherwise be provided under conventional land development procedures; permit +he than of neighborhoods through the preservation of natural features; allow design options +hat complement and ensure compatibility with surrounding land uses; lower development and building costs by permitting a variety of lot sizes, networks of utilities and streets and the use of more economical building types and shared facilities; and accomplish more than would be possible through the strict application of the minimum requirements of the county's other land development, zoning and subdivision regulations. A. Permitted Principal Uses and Structures Any number, variety or mix of uses may be considered in a Planned Development district, ?rovided that all such uses are internally consistent, compatible or complementary. R. Consistency with Land Development Regulations and Comprehensive Plan A Planned Development district may be located in any future land use classification and must be consistent with the purpose and intent of the classification or classifications in which it is located. All building, housing and other codes as incorporated by Article XIII of this Code or as otherwise prescribed by law are applicable to the Planned Development District. All other land development regulations are applicable to the Planned Development district; ;provided, any other land development regulation may be modified provided such regulation ,s identified and provided the purpose and extent of any modification is described and Aemonstrated to be reasonable and appropriate in the context of the Planned Development -� a nrovides for public health, safetyand welfare. Special exceptions and variances pursuant Article Xi do not aDDly and are not allowed. —ooee County band Development Regulations YJ -�iunary or Lonin¢ Districts through Ord 2005-12 (00003724.WPD, 09/05) 0 • C. Status of Approved Planned Development When approved pursuant to the provisions of the Code, the conceptual development plan and other materials and documents as are adopted by ordinance shall constitute an amendment to these regulations and to the Official Zoning Atlas. Development within a Planned Development may occur only in conformity with the approved conceptual development plan unless amended as provided below. D. A petition for a Planned Development district shall, at a minimum, include the following: l . An application provided by the Department with applicable fees. 2 A written statement describing the nature and intent of the proposed development. 3. A professionally prepared conceptual development plan that conveys the general extent and character of the proposed development and that illustrates a. the title of the project and name of the developer, b. areas of residential and non residential development, C. the location and extent of proposed open space areas, d. the location of proposed community or public uses, such as recreation areas, clubhouses, schools, houses of worship and the like, e. basic vehicular, pedestrian and other circulation systems, f. proposed points and methods of access, and ci ated phasing vlans. 4. a. the maximum number by type of residential units, b. the total land area and overall gross density of residential units and the land area and density of each distinct residential area, C. the total maximum square feet by type of commercial, industrial, institutional and other such uses and the maximum square feet by type for each distinct development area, d. the floor area ratio for any building over three stories including a drawing of the assumed lot boundaries, and C. approximate land area by type of conservation, retention, recreation, parks and other open space areas. 5. Sufficient surveys, drawings or other information to indicate the general proposed irainage plan including outfalls and a written summary of the proposed drainage plan. 5. A list and description of any areas or facilities proposed to be dedicated for public use. 7. A phasing plan if applicable. 9. A proposed time frame for completion of each phase and of the entire development. a, A site as -built map indicating the boundaries of the subject property and indicating all streets, buildings, water courses and other important features. 11 A description and location of identified environmentally sensitive lands. A preliminary traffic impact analysis and discussion of the availability or proposed construction of necessary transportation facilities by proposed phase. A preliminary analysis of the impact on schools. 'ttechobee Countv Land Development Regulations =mmary of Zoning Districts through Ord 2005-12 (00003724.WPD, 08/05) Y`? 13. A discussion of the proposed or anticipated sources of potable water, sanitary sewer and other utilities and of the availability of such utilities based on projected residential and non-residential demand. 14. A list of required regional, state or federal permits or approvals. 5 . Other written or graphic materials, such as architectural elevations, may be submitted to convey or clarify the nature, character, intent or other attributes of the proposed development. E. 1. All plans, maps, surveys, documents and the like required as part of the application may be submitted in a large format or in binders where appropriate for review and presentation purposes, but shall also be submitted in a reproducible format for distribution to the review boards unless a sufficient number of copies is provided. 2. When provisions for phasing are included in the development plan, each phase of the development must be so planned and so related to previous development, surrounding properties, and the availability of public facilities and services that failure to proceed with subsequent phases of the development will have no adverse impact on any completed phase or surrounding properties. ?. The Board of County Commissioners may establish, in addition to concurrency requirements, reasonable periods of time for completing the project or phases thereof, including any dedicated public facilities which are a part of the development. 4. If the review of construction plans, the review of a final traffic impact analysis or the process of obtaining required regional, state or federal permits results in a finding by the Department that amendments to the Planned Development are necessary beyond those that may be approved administratively, including a failure to meet an established level of service, the Development Plan shall be resubmitted to the Planning Board and Board of County Commissioners for review and consideration of such amendments. F. A Planned Development may be amended in the same manner in which a Planned Development is initially approved; provided, a minor amendment may be approved by the Department or may be referred to the Board of County Commissioners or other recommending bodies at the director's discretion. A minor amendment include the following: 1. Any increase by up to five percent or any decrease in the total square footage of any building or the density or intensity in the approved development plan; ?. Internal realignment of rights -of -way, other than a relocation of access points to the Planned Development itself, where there is no net reduction of the size of z�-_rservation/preservation areas or required easements; Relocation of building envelopes where there is no encroachment upon required 7onservation or preservation areas and no reduction in the setbacks between the .nuidinas and uenmeter boundary lines; _eecaobee Countv Land Development Regulations ummary or Zoning Districts through Ord 2005-12 (00003724.WPD, 08105) 4. Relocation of swimming pools, clubhouses, or other recreation or other common *acilities when such relocation will have no net impact on adjacent properties or land ;:ses; and, 5. Relocation. reduction, or reconfiguration of lakes, ponds. or other water facilities bubti-nacu and approval of revised water management plans. Sueciat Exceptions, Planned Develonment - PD X-Micalile. xechobee Countv Land Development Regulations -imma- of Zoning Districts through Ord 2005-12 (00003724.W,PD, 081O5) 40 To:City of Okeechobee Planning & Zoning Comments on the Planned Unit Development (PUD) Discussion Materials. — The Proposed Regulations for PUD Development. Dated March 2, 2007 Purpose The purpose of this document is to comment on the proposed PUD regulations and point out the implications these regulations would have, if approved as they are, through out the City of Okeechobee in regards to all of the potential future large scale residential or mixed -use developments. Upon review of the document of the Proposed Regulations for PUD development presented by La Rue Planning and Management Services, Inc. we have found the following Limitations, Restrictions and Implications; Limitations: These PUD regulations do not provide the necessary flexibility for the development of contemporary approaches of smart growth development such as the "Traditional Neighborhood Developments" (TND) well known and recognized for the enhanced open space conditions and improved living environment along with the protection of environmentally sensitive areas as is intended in section 2 of the prepared regulation. For example; as stated in any "Smart Growth Code" for TND the variety and public space character of a development may be achieved with a combination of various elements, setbacks being one of them, where the different setbacks between buildings, street fronts, alleys and open spaces establish the quality of the open space, be it a side walk, a park, a linear bicycle route or meandering walk way or trail. The minimum separation between buildings proposed of 20 ft in sections 5.h and 5.i.2.c limit this possibility. The definition of a min. side setback of 10 ft. is no different than the present RSF-1 regulation. This eliminates the need for the use of a PUD in our opinion. Section 5.d is a specific limitation to the architecture that must be provided thus defeating the purpose of achieving architectural variety that will create a rich character in a community. Restrictions: As defined in the "Planning and Urban Design Standards" by the American Planning Association (APA) PUD Regulations are one of many alternatives of "Flexible zoning" approaches. Its main characteristics are; "Planned unit development (PUD) typically merge zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, with the design flexibility to mix land uses, housing types and densities, and to phase large developments over a number of years ".. " PUD offers the advantage of a diversity of units and use types. It also provides a way to customize developments standards to the specific land under consideration .... Also, because PUD development is often liberated from the rigid standards of base zoning districts, including Zoning and dimensional requirements, development and construction costs related to infrastructure can be minimized." 1 The dimensional standards presented in section 5 of the Proposed Regulations are specific in nature. One could say they are directed to a specific site. These regulations should not be a blanket regulations in a "one size fits all" frame of mind, to be applied throughout the city, because it forfeits the purpose of a PUD flexible frame work. This regulation does not permit a wide variety of densities and housing types, especially affordable housing. For instance, the open space requirements become restrictions when added to the retention areas, roadways etc. and the lot building separation and size restrictions. The proposed regulations in our opinion will generate a project with a majority of town -home building type in order to achieve a cost effective development. The PUD regulation is meant to be a framework within which every specific project or tract of land will be reviewed on a one -by -one basis. This principal is clear in the zoning code of Sebring; where Sebring has it defined as a "Community Unit Regulation (CU-1)." See attached Exhibit "A". The need for housing that can be acquired by nurses, police men, firemen and teachers, in other words, "workforce" could only be achieved, under the proposed PUD ordinance with the construction of multifamily developments throughout the city in our opinion. The proposed regulation, if utilized at all by the development community, will drive use toward multi -family development and that would not be a good result of the proposed regulation. The alternative is the development of more costly housing generating sprawl, increased car dependency measured in car trips and frequency of trips, greater damage to the environment and farmland. If Okeechobee will take the challenge of facing the economic growth at its doorstep it must consider a broader and more flexible PUD Regulation applied to the entire city and tailored to fit the needs and conditions of every different site or project accordingly in the site plan review process. To quote Jonathan Barnett in the article "Smart Growth in a Changing World" in the March 2007 issue of the Planning magazine of the American Planning Association, " "Smart Growth " is the accepted phrase for the move away from the typical low -density development. It has three basic elements: conserving natural resources, encouraging compact commercial and mixed -use development, and creating walkable residential neighborhoods. All three are primarily local endeavors ". Royal Professional Builders Ken Treadwell Royal Architecture & Design Climaco Cardenas 1 Planning and Urban Design Standards, American Planning Association, (2006), p.599 DIVISION 3. COMMUNITY UNI REGULATION (C-U) • Page 1 of 5 DIVISION 3. COMMUNITY UNIT REGULATION (C-U) Sec. 26-221. Purpose. The purpose of the community unit regulation (C-U) is to: EXHIBIT U (1) Provide the maximum of land and design development opportunities in harmony with reasonable area, building coverage, height, setback and service requirements; (2) Provide the means of mixing such appropriate land use as may not otherwise be permitted in any of the established zoning districts; and (3) For other purposes. The C-U regulation will be applied only in R-3, R-4, R-5 and R-6 zoning classifications and only upon specific petition by property owners proposing a unique type of planned development in keeping with the purpose of the district. (Code 1981, § 22-26(A)) Sec. 26-222. Review. The proposed general site development plan provided in this division shall be reviewed, recommended and certified by the planning and zoning board prior to adoption by the city council. (Code 1981, § 22-26(B)) Sec. 26-223. Subdivision of property. Property that is to be subdivided shall be platted in accordance with procedures of chapter 20 which pertains to subdivisions, except as amended by specific C-U guidelines or standards. (Code 1981, § 22-26(C)) Sec. 26-224. Conflicts. Approvals under the provisions of this division shall not release the applicant from meeting other applicable ordinance provisions unless specific waivers are obtained. (Code 1981, § 22-26(D)) Sec. 26-225. Uses permitted. Uses shall be only those uses or types of uses that are shown on the approved site plan for the community unit. These uses shall be established only at such locations and in such density as set forth on the approved general site plan. A community unit is not limited as to types of land usage that may be permitted, except that they must be uses allowed in R-3, R-4, R-5 and R-6 zoning classifications. Uses proposed must be found to be of such types and to be so located and arranged as to assure complete compatibility among themselves and with adjacent existing land uses or land use zones of adjacent property and existing or future public facilities and utilities. http://Iibraryl.municode.com/mcc/DocView/l 1561/1/152/159/162 3/15/2007 DIVISION 3. COMMUNITY UNIlEGULATION (C-U) • Page 2 of 5 (Code 1981, § 22-26(E)) Sec. 26-226. General standards. (a) Area requirements. The total area of a community unit shall be unrestricted, and no minimum width shall be required. There shall be no minimum lot area requirements for individual buildings, provided that open space shall be provided around each building so as to provide adequately for light, air, and a proper relationship of building to site. Single-family, two-family and multifamily buildings shall have access to open space with a minimum equivalent to that required for such buildings within the applicable zoning districts; and such open space shall be an integral element of the C-U plan. (b) Maximum building coverages. Maximum building coverage shall be as specified in the approved general site development plan. (c) Setback. Buildings shall be set back a reasonable distance from all property lines and abutting roadways so as not to adversely affect or impede the use of adjoining property or be adversely affected by adjoining land use currently existing or zoned. (Code 1981, § 22-26(F)) Sec. 26-227. C-U review procedures. (a) General site development plan submittal requirements. On petition for adoption of a C-U, the following materials shall be submitted to the building official and shall constitute the elements of the general site development plan: (1) A letter of transmittal officially submitting the proposal for approval, signed by the developer or his authorized representative. (2) Firm evidence of the unified control of the entire area within the proposed community unit and agreement that, if he proceeds with the proposed development, the petitioner will: a. Do so in accord with the officially approved general site development plan of the development, and such other conditions or modifications as may be included. b. Provide proposed agreements, covenants, contracts or deed restrictions for completion of the undertaking in accordance with the adopted general site development plan as well as for the continuing operation and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at general public expense. C. Bind his development successors in title to any commitments made under subsections (a)(2)a. and b. d. Secure written consents and agreements from all property owners of record within a community unit that they have given the petitioner authority to act in their behalf and that the representative or agent has the delegated authority to represent the owners and they agree that all commitments made by the aforementioned representative or agent are binding. (3) A statement of the petitioner's interest in the property, including a copy of the last recorded warranty deed, and, if a contract purchaser, written consent of the seller/owner, or, if a lessee, a copy of the lease agreement and written consent of the owner. (4) A certified boundary drawing by a surveyor registered in the state containing the following: a. An accurate metes and bounds or other description of the property to be included in the C-U. http://library 1.municode.com/mcc/DocView/l 1561 %1 /152/159/ 162 3/15/2007 DIVISION 3. COMMUNITY UNIOEGULATION (C-U) . Page 3 of 5 b. A computation of the total acreage of the tract, to the nearest tenth of an acre. (5) Five copies of a scaled general site development plan of the entire proposal showing the following information: a. A key map at a convenient scale showing the general site development plan, which shall include existing roads, streams, street rights -of -way and street intersections; and a statement indicating the distance to all public improvements such as schools, firehouses, public recreational areas and the like, which would serve the subject development. b. Location, with pavement type, right-of-way, names and other related appurtenances of all public streets adjoining or traversing the site. If no public street adjoins the site, sufficient description by metes and bounds as to identify the location of the site shall be provided. c. Identification of the name, plat, book and page number of any recorded subdivision comprising all or part of the site. d. Identification and location of any existing watercourses, lakes, woodland areas, or other such significant natural physical features upon the site, as well as on adjacent property within 250 feet of outside boundaries and proposed alterations to such features. e. The density of land use to be allocated to the part of the site to be developed. f. General location, arrangement, size and height, in stories and/or feet, of all proposed structures (with identification of proposed uses), open -space walkways, parking and service areas (indicating number of parking spaces to be provided), location and size of all proposed roads and access driveways, fences or walls, and landscaped areas for the first designated phase of the project, including a metes and bounds description of the phase. g. The use, number of acres, density of use, collector roads and roads of any higher classification, of all future phases. h. Location of existing structures and/or open -space facilities on adjacent properties within 250 feet of any boundary line of the site. Use of a recent aerial photo is adequate. i. All existing and proposed means of vehicular access to and from the site, including roads on site. j. Preliminary transportation analysis, to include an estimate of average trips/unit, total average daily trips and total peak hour trips. k. A statement by the petitioner of the major planning assumptions and objectives of the development project, including but not limited to: 1. Development. 2. Projected population. 3. Proposed timing and phases of development. 4. Proposed ownership and form of organization to maintain common open space and facilities. 5. Proposed density of land use for each development parcel within the project. I. A general layout of the types, quantities, and location of trees and other such significant vegetation features. A recent aerial photograph shall be adequate. http://library1.municode.com/mcc/DocView/I 1561/l/152/159/162 - 3/15/2007 DIVISION 3. COMMUNITY UNI'OEGULATION (C-U) • Page 4 of 5 m. A map of soil conservation service soil classification by soil associations. n. A general floodplain map indicating areas subject to inundation and high groundwater levels up to a 100-year flood classification. o. Most recent available aerial photo, with modified areas delineated. p. Any other reasonable information that may be required by the planning and zoning board or the city council, which is commensurate with the intent and purpose of this Code. (b) Planning and zoning board review and recommendation. The planning and zoning board shall review the proposal and indicate a recommendation for approval or disapproval. Recommendation for approval shall constitute the general acceptability of the plan, subject to review and approval of the final site development plan. As a part of its recommendation for approval, the planning and zoning board shall submit to the city council its findings and such guidelines or standards which are deemed necessary to ensure the acceptable development of the proposed plan. (c) Approval of general site development plan. If the general site development plan and the location are deemed to be acceptable and appropriate, based on the submitted data as required within the C- U requirements, the city council may approve the petition for the C-U. The mayor and the city clerk shall date and endorse the appropriate plan, and the plan shall be filed as a part of the official zoning records of the city. The city council's resolution of approval shall incorporate and specify plan drawings forming the basis of the approval and shall establish such guidelines or standards, which shall be complied with in order to secure detailed site development plan approval. This approval shall not release the developer from any requirements established by other ordinances unless the nonconformance is specifically stated in the approval. (Code 1981, § 22-26(G)) Sec. 26-228. Review of detailed site development plan. (a) Submittal requirements. Prior to the commencement of development on any portion of the C-U, the developer shall submit a detailed site development plan for approval by the building official. A detailed site development plan may be submitted either for the entire development, or for one or more stages as outlined in the general site development plan approval. The developer shall submit the following materials for review: (1) A letter of transmittal officially submitting the proposal for approval (2) Three copies of a dimensioned detailed site development plan meeting those requirements outlined and providing the information required in section 26-227; except that location, arrangement, size and height of all proposed structures (with identification of proposed uses and number of units), open -space uses, walkways, parking and service areas (indicating number of parking spaces to be provided), location and size of all proposed roads and access driveways, fences or walls, and landscaped areas shall be exact. (b) Building official's review and action. Upon receipt of the materials described in subsection (a), the building official shall review the detailed site development plan to determine its compliance with the general site development plan and with the guidelines and standards established by the city council at the time of general site plan approval. Following his review, the building official shall either approve or disapprove the plan. In the case of disapproval, the detailed site development plan shall be submitted to the planning and zoning board, which shall either uphold the building official's disapproval or shall approve the plan as submitted. Following the building official's or the planning and zoning board's approval of the detailed site development plan, a copy of the plan, with certification of approval shall be filed as part of the official zoning records of the city. (c) Appeal procedure. In the event of the planning and zoning board's disapproval, the detailed site http://library1.municode.com/mcc/DocView/11561/l/152/159/162 3/15/2007 DI`%ISION 3. COMMUNITY UNTWGULATION (C-U) • Page 5 of 5 development plan may be revised and resubmitted to the building official for further review or may be submitted upon appeal to the city council for final determination. (Code 1981, § 22-26(H)) Sec. 26-229. Amendment procedure. During developmental stages, any conceptual modification of either a general or detailed site development plan adopted pursuant to this division may be accomplished by the filing of a new petition in accordance with the procedures set forth in this division, a conceptual modification being defined as any one of the following: (1) Any overall increase in number of dwelling units of over one percent. (2) A reduction of the area set aside for community open space or a relocation of more than five percent. (3) An overall increase in proposed floor area of over five percent. (4) An overall increase by more than five percent of the total ground area covered by buildings. (5) An increase in the number of floors of buildings or an increase in height greater than 15 feet. (6) A modification in original design concept such as addition of a land use category, change in traffic pattern or access and egress, or increase of ten percent total traffic generation utilizing the previously submitted traffic generation figures. (7) Any increase or decrease of more than ten percent of the total land area occupying a particular land use. (Code 1981, § 22-26(I)) Sec. 26-230. Annual status report. After approval by the city council, and up to the time of final completion of construction, the petitioner shall submit, on the anniversary date of the approval, a yearly status report to the building official. The report shall give the current status of the approved project and the projected future construction schedules. (Code 1981, § 22-26(J)) http://library 1.municode.com/mcc/DocView/I 1561/l/152/159/162 3/15/2007 • • LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: March 2, 2007 TO: Planning Board members FROM: Bill Brisson RE: Proposed PUD regulations At its meeting on February 6, 2007, the City Council passed a Resolution enacting Zoning in Progress pertaining to development in the PUD zoning district. This resolution directed that no site plans for development within the PUD Zoning District will be accepted or reviewed by the City until new PUD regulations have been adopted. During the meeting, the City Council directed LaRue Planning & Management Services, Inc. to prepare new PUD regulations for discussion and consideration by the Planning Board at its March 15, 2007 meeting. In this regard. the following materials will provide you with a brief e.Vlanation of the 'back- ground behind. and rationale supporting, our proposed regulations, and an easy -to -read version of the proposed regulations. A legislative draft, in strike -out and underline format, will be provided to you prior to the meeting. Please review these materials. If you have any questions or comments, please call me and we can discuss your thoughts over the phone. This will allow me to be better prepared to address your concerns at the meeting. SARASOTA OFFICE: 2427 Porter Lake Dr. Unit 110, Sarasota, Florida 34240 Ph. (941) 378-1487 Fax (941) 342-0563 Cell (941) 228-1499 --- e-mail: bill@larue-plammng.com 4. We have suggested adding a maximum building dimension, to avoid single buildings that are out of character or scale with the community. 5. There will be no individual minimum lot sizes or minimum yards for property within the PUD, but we have suggested a minimum separation of buildings. The proposed minimum separation is less than now currently required when multiple buildings are located on a single parcel. For example, in the RMF district, the minimum side yard is 20 feet, so when there are multiple structures on the same parcel they must be treated as if they were on separate parcels (see Sec. 90-450) which would mean each building would have a side yard of 20 feet. This means that the two buildings would be 40 feet apart. The proposed separation distance is one-half the average height of the two buildings. So, for 35-foot high buildings, for example, the separation would be 17.5 feet. However, no buildings will be allowed to be separated by less than 15 feet. 6. In order to ensure that residential PUDs are not too crowded and provide for an adequate living environment in conformance with the intent of the PUD district, minimum open space requirements are proposed, with limitations as to how much of the required open space can be in the form of lakes or retention areas. We are also suggesting that a certain amount of the required open space be usable open space. This means that the open.space is of a size that can have a practical value to the occupants of the project, not just narrow strips of landscaping or grass, or just open water bodies. 7. We are also suggesting that an improved recreation area be provided when the PUD includes portions of the development that are likely oriented towards families (based on the number of units with two or more bedrooms). Finally, we have included a series of development review standards that can be used in evaluating the conceptual plan to determine if the initial request for a rezoning to the PUD-R district should be approved. We hope this brief explanation will be helpful to you in preparing for our meeting on March 15cn The actual proposed regulations for the PUD-R district follow: 0 • C. Maximum height: No building, structure or part thereof shall exceed a total height 45 feet, except as approved by special exception. d. Maximum building dimension. The maximum dimension of any structure or group of attached structures shall not exceed 150 feet for any one building face. e. Minimum perimeter setback. No building or structure shall be located closer than 20 feet to any perimeter boundary of the PUD-R district. f. Minimum separation between buildings. Buildings shall be separated from each other by a distance equal to one-half the average of the total height of the buildings, but in no case shall the separation be less than 15 feet. g. Maximum lot coverage and impervious surface coverage: Maximum allowable lot coverage is 40% and the aggregate of lot coverage and impervious surface area shall not exceed 60% of the gross land area of the PUD-R district (excluding public streets and rights -of -way existing prior to rezoning to the PUD-R district). _ h. Minimum open space. An area equal to not less than 35% of the area of the PUD-R district shall be reserved for landscaping and open space. Not more than 50% of the area of water bodies located entirely within the PUD-R district may be counted towards the minimum open space requirement provided, however, that such areas may not comprise more than 50% (?) of the total open space requirement. i. Minimum usable open space. An area equal to not less than 7.5% of the land area of the PUD-R district shall be reserved for usable open space. (1) For the purposes of this requirement, land areas meeting the following criteria shall qualify as usable open space: (a) common land areas, either landscaped or developed in active recreation, but not located within a residential structure, that have a minimum dimension of 20 feet in length and width and that comprise a contiguous area of not less than 2,000 square feet; and (b) ground level open patios or courtyards with a depth of not less than 15 feet and that are oriented towards individual dwelling units. (2) For the purposes of this requirement, areas meeting the following criteria do not qualify as usable open space: (a) land areas with a slope of greater than 8-to-1; (b) spaces located between the ends of buildings which spaces are individually less than 2,000 square feet in area; (c) perimeter landscape buffers located between vehicular use areas and public rights -of -way or perimeter property lines; and (d) water bodies or dry retention areas. 5 • • h. Height. Allowable height in developments in a PUD-R district shall be determined after review of the surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed. Fences and screening. Fences or vegetative screening at the periphery of a development in a PUD-R district shall be provided to protect occupants from undesirable views, lighting, noise or other off -site influences, or to protect occupants of adjoining properties form similar adverse influences. Screening of trash and refuse containers. All central refuse, trash and garbage collections containers, or those serving multiple dwelling units, shall be screen be screened from sight or located in a such a manner so as not to be visible from any public area within or adjacent to the PUD-R district. 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 90-401 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-402 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-403 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-404 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-406 OF THE LAND DEVELOPMENT REGULATIONS, AND SECTIONS 90-407 TO 90-440 OF THE LAND DEVELOPMENT REGULATIONS, REVISING THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT AND ADDING DIVISION 13 FOR THE RESIDENTIAL PLANNED UNIT DEVELOPENT (PUD-R) DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for planned unit development zoning districts within the City; and WHEREAS, upon review of same, the City of Okeechobee, through staff analysis, has determined that current PUD regulations do not adequately safeguard the City's interest and promote improved development patterns; and WHEREAS, the City of Okeechobee has determined that setting forth specific regulations for a comprehensive set of regulations for residential planned unit developments are in the best interests of the City of Okeechobee, and an appropriate and necessary promulgation of its authority; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. Sections 90-401, 90-402, 90-403, 90-404, 90-405, 90-406, and 90-407 — 90-440 of Ordinance No. 716 be amended as follows: DIVISION 12. MIXED -USE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT Sec.90-401. Generally. (a) Provision is made for mixed -use planned unit development (PUD) zoning districts in which diverse residential, commercial, institutional or recreation uses may be brought together under a unified plan of development which is in the interest and general welfare of the public. (b) Mixed -use PUD zoning districts shall be permitted only on land designated as future land use category Fes;d e„tial-,mixed use in the comprehensive plan. (c) A conceptual site plan of the proposed development shall be submitted and approved prior to a change in zone eitheF toMultifamily re6ijeRfial s+agle-fa ►ilY-er_a mixed use PUD zoning district, subject to the regulations of this division. (LDR) 1998, § 430) DRAFT for discussion purposes only. Page 1 of 9 March 15, 2007 Sec. 90-402. Permitted uses. The following principal uses and structures are permitted in the mixed -use PUD district: (1) Attached and detached Ssingle-family dwellings.; (2) Zero lot line single-family dwellings Q24(3) Two-family dwellings. (4) Town homes. 04(5) Multiple -family dwellings. W(6) Adult family care homes or assisted living facilities. 4-1-)(7) Day care center, nursing home. P64(8) Professional office, business office, medical office. M(9) Retail store, retail service. 10 Restaurant. 11 Personal service, dry cleaner. 12 Mechanical and repair services. 13 Auto service station. 14 Private club, nightclub. 15 Hotel, motel. (16) Craft studio. (17) Business school. (18) Commercial indoor recreation. (19) Outdoor recreation, commercial outdoor recreation, golf course. (20) Marina. (21) Community center. (22) School. (23) House of worship. (24) Public facility or use. (25) Open space. (26) Public utility. (LDR 1998, § 431) Sec. 90-403. Special exception uses. Special exception uses in the mixed -use PUD district are permitted uses in excess of 45 feet in height. (LDR 1998, § 432) Sec. 90-404. Customary accessory uses. Each permitted principal use in the mixed -use PUD district is also permitted to have the customary accessory uses for that use. (LDR 1998, § 433) Sec. 90-405. Area, lot and structure requirements. Area, lot and structure requirements in the mixed -use PUD district are as follows: (1) Minimum PUD area. Minimum size of mixed -use planned unit development zoning district shall be: 5 acres DRAFT for discussion purposes only. Page 2 of 9 March 15, 2007 • 0 FIRE DEPARTMENT STATUS REPORT 3/5/2007 Mr. Whitehall FIRE DEPARTMENT Calls (See report) No significant change in calls or type of calls except for brush fires which is - normal with this type of weather and conditions Meetings Conducted Officers Meeting for this department Attended required meetings for City Met with Kathy Shorter of the Health Dept. to talk about a Migrant Housing issue Attended Fire Rescue East Conference Participated in a Conference Call with the Treasure Coast Fire Chiefs Public Relations Several businesses have offered to help (donate) their time to get the ladder truck in service. I would like to explore the possibility of placing a small acknowledgement somewhere on the truck to show our appreciation and promote public interest and support. Station and Equipment * Brush Fires have been a daily occurrence in the County and City of Okeechobee during this Month. We have utilized our brush truck frequently this month and the vehicle has shown its age. Practically every time we return from an emergency we have to do minor repair to vehicle. Recently, over the week end the drive shaft for the PTO pump fell out on the overpass. It appears we should begin to plan for replacement of vehicle in the near future such as the new budget year. * Truck 2's radio had to be replaced (quit working and was very old) we put the new radio in Engine 6 because that is the most utilized radio and placed Engine 6 radio in Truck 2. Communications is much improved on both units. * The extrication tools had a coupling to fail during morning inspections. I had all couplings replaced due to the hazardous nature of the fluid and the pressures reaching over 5,000 psi at the couplings. *Firefighters removed all hose and equipment from the storage building to prepare for remodel. *Engine 1 was placed inside the building behind Capital Pawn. Gil Culbreth owns the building and we ask Mr. Markum to help find a location for now. We are presently waiting for the pump mechanic to come and evaluate the new ladder truck. We are making lists of what is on the truck and what we are going to need to meet ISO requirements as well as NFPA. Training will be coordinated thru the above pump mechanic and then we will evaluate further training with the college. Training/Inspections * Chief Smith attended and completed training to apply for his State Instructors License exam. This certificate will allow Chief Smith to teach state classes which include Firefighter I and II academy classes at the College. This will give the City FD two certified instructors. Lt. Hodges is the training officer and is state certified. * Hydrants were maintained and checked. * Training Officer conducted walk thru of New Courthouse for new and existing employees. * Conducted approx. 12 to 20 inspections. * Reviewed several Plans for building department Personnel * Held interview for new firefighter Mitch Brydebell * The three firefighters are all officially out of the Fire Dept. and the new firefighters are on shift and doing well at this time. Just a FYI note: approx. 2/3 of my department has left since the beginning of 2006. Mostly, they have gone to the County except for the couple that went out of state. Code Enforcement Brantley Property: Attorney Cook is handling (no recent info) Report from Code Officer Sterling: Fred has saved the City 1,099.88 in costs related to certified mail by implementing a courtesy letter program to gain voluntary compliance. Chief Smith conducted/completed the following: Inspections: 1) Inspected New Furniture Store (Noah's Furniture) 2) Inspected Close Construction's Locals building for CO 3) Inspected Laura Simms business 4) Inspected New Hood and Fire Suppression System at Fiesta Market 5) Met with Fire Alarm Company at Ashley's Furniture to evaluate additional equipment Plans Review: 1) Utah Apartments Coming up: Hurricane Conference in May Fire Chief s Executive Training in July Fire Prevention Conference in June MEMO March 14th, 2007 To: Brain Whitehall, Administrator From: India Riedel, Finance Re: Activity Report, March Occuaational/Business License: As discussed in our staff meeting, a letter is being sent to delinquent Businesses who have not paid their renewal Business Tax. It will be under code enforcement letterhead with Herb signing it to get their attention. Those that have been identified as be 2 years delinquent will be hand delivered a letter after the mailing. We are giving them until March 31 st to pay or an additional penalty will be charged up to $250.00. The Business Tax application status sheet is being provided to each department. We are also tracking the date each dept. signs approving same, and the actual time of issuing the license. This should show if there is a specific area of improvement needed in getting the applications reviewed, processed and issued. Business Tax (formerly Occupational License) fees within our city have not been reviewed nor updated since July 1995. We (the city) were required to complete an `Equity Study Commission" so that we could update our fees. If you had this study done, council can increase the fees, up to 5% every 2 years. We have not exercised this option. I am researching and compiling information from those who replied as to their fee schedules and the last time they updated same. Upon completion will forward and make recommendations based on the findings. Website seems to be stagnating again. We are waiting for other departments (PD, Fire, Code, etc). At this point I would like to upload what we have and link to a web -page saying under construction. Community Involvement and Promotion: Speckled Perch Festival and parade were last weekend. As far as we know no problems with streets/parks, etc. Audit for 2006• Pension Auditor has to complete their audit prior to Hoyman, Dobson. I ;ve been in nnntnnt with tenth the neminn nnrlitnr PPnCirin nnrlitnr ktill hnc not nrPCPntt-d the drafts for the fire or general. I have forwarded the police to Hoyman,Dobson. I truly thought we would have the audit available for presentation and review with the council next week, but I was wrong. I will keep you advised of the audits progress. Finance/Payroll: We do have the `FPL' back taxes as well as the current FPL 2006 taxes. Procurement: We need to revamp the procedure book as well as the procedures. New staff (within 2 years) do not have a full understanding of the procedures nor why we have them. I am reviewing the manual and will be making suggestions to you for revising same. Still working on this. It will be an ongoing project for a while. Budget: We need to shoot for April council meetings to provided the members with an amended budget. Will review numbers with you in the next couple of weeks. Mobile Home Tax Revenues are about the same now, quite a few must have not renewed until this past month. I had prepared the worksheet showing what our rollback would be if the legislature passed rolling the millage back to 2001 and applying a CPI to same each year. Our millage would be at 5.0266 with a reduction in revenues of almost $700,000. total reduction for the past 5 years over $2 million dollars. I requested from the Property Appraiser's office last week a report based on the what the taxable value of our city property would be if the legislator changed the homestead exemption to $50,000 from.$25,000. I haven't received same, however I do have a call in to their office for status: Will keep you updated as we are all aware that if either of these or variations of.these bills are approved it will dramatically affect our revenues for the upcoming years. Personnel: Financecompleted-signing the one fulltime employee. Details on Insurance coverages that are provided as well as other coverages available for payroll deductions. Completion of the 1 employees leaving and paperwork associated with -pension for them as well as insurance coverages. Proposed 457 Plan I've received the sample Ordinance/Resolution to be signed by the council It's fairly straight forward. I have requested Trey Sizemore to come by this week to review additional questions. And then we should be ready to place on councils agenda for April. As we discussed I have been in communication with ICMANantage in regards to the details on a 457 plan that can be offered to all full time City employees. I have been corresponding with Trey Sizemore via email and he also brought by a few brochures. Will keep you posted on where we are on this. Insurance coverages As you know the Guardian Ins. Carrier canceled our group dental plan coverage for lack of employee participation. 6 staff requested coverage and the minimum participation number was 35. PRM (Public Risk Management) did vote to go our for RFQ to service our Property & Casualty coverages. Donna nor I know time frames as of yet will let you know. BOCC contracts: I'm still inquiring about the Animal License revenues. I do not have a separate revenue line item nor do we have a listing from the COC checks for this revenue source. FDLE Grant We have not purchased the items from the latest FDLE grant (tasers), however the chief, major and JP Zeigler know that they need to purchase items and get me receipts as we have received the funds for FDLE and they need to be spent before July. Depreciation Expense/Capitol Proiects I had provided you a spread sheet listing the amounts since GASB 34 showing the total depreciating amounts for 2004 and 2005. As you and I have discussed several entities have made a resolution to fund this expense at a predetermined percentage each budget year and it is used specifically for capitol projects. We can always write in a clause if funds are available, etc. can be used in emergency based on council declaring same, etc. Betty J. Clement Weeks of: February 9, 2007 General Services Coordinator through March 13, 2007 Activity Sheet Building Department - Independent Inspections, Ltd. X The Building Official is working to keep up with the issuing and inspecting of permits and occupational licenses. Since February 9th he has issued 50 permits and has done numerous inspections. The only major drawback of the situation is the personal contact with the residents that require firsthand information or need the guidance of the building official. The permits in the pending box are growing. Will speak to Ray and Jackie to get those issues resolved. X Jackie is working on the end of the year files. Most applications for the year 2005 are pulled out of the file cabinet along with the new homes that have been co' d. There are 20 boxes and each box has to be inventoried by address, date of issuance, permit number, contractor and owner. (extremely time consuming) The boxes are then given to the clerk's office for scanning. She also is continuing to help the contractors, citizens and the building official. X Signs continue to be an issue. The sign contractor's seems to be complying more with the - codes thanks to Fred. We have seen several new sign permits being submitted. Education is the biggest factor. Education is paying off, more and more sign permits are being submitted. X Judy Kasten Condos has applied for building permits, she called and needed a letter for the financing, confirming the site plan approval. X We have implemented a $100.00 fee at time of permit submittal for all commercial projects. General Services ZoninvJLand Use/Special Exceptions/Variances - Meeting is scheduled for March 15, 2007. There is one application for Land Use Change, one for rezoning and one special exception. Also on the agenda are the proposed regulations for the PUD section of the code book. I have received many calls on the land use change and rezoning. They both pertain to the Blue Heron subdivision. Most of the calls are opposing the change. We are anticipating a possible crowd. The City Clerk will be at the meeting to assist me with the meeting. Technical Review Committee — Two application for March. One for the Commerce Park and commercial office with parking for a title company. Temporary Use Permits — Two Temp. Use permits pending. One for the rodeo at El Amigo De Todos and still waiting for the Business Tax License to be issued for Noah's furniture tent. Also waiting for the dates from the applicant as to when the sales will occur. Bids — General Services has no new bids at the time. I have researched the municipalities for information on the method of cleaning service they use. I have submitted the research. Also working on fee comparison for the building department and general services County and City. Taxicabs - City Council has acted on the Vehicles for Hire section of the code book to change the procedure and place the applicants within the Business Tax License department. Spoke with Kim and will accomplish the transition. , Public Works Department — Assisting Donnie as needed. Web- Have completed all information as requested 0 140 120 100 80 m a w 0 m E 60 z 20 City of Okeechobee Building Permits 125 127 12 117 106 95 97 92 V85 7 78 80 80 75 76 69 55 55 50 53 53 �� 42 35 34 27 30 17 4a� a�°r 10J4 sec -4- 2003 f 2004 2005 -- 2006 - 2007 • n