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2018-07-19CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR JULY 19, 2018 AGENDA I. CALL TO ORDER — Chairperson. Regular Meeting, July 19, 2018, 6:00 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. 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 Alternate Board Member Bob Jarriel Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. AGENDA — Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members or the Public. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the May 17, 2018, regular meeting. PAGE 1 OF 7 ACTION - DISCUSSION - VOTE Vice Chairperson McCoy called the July 19, 2018, regular meeting to order at 6:02 P.M. The Pledge of Allegiance was led by Vice Chairperson McCoy. Board Secretary Burnette called the roll: Absent (with consent) Present Absent (with consent) Present Present Present Absent (with consent) Absent (with consent) Present (moved to voting position) Present Absent (Ben Smith in attendance) Present Vice Chairperson McCoy asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. There being none the agenda stands as published. Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the May 17, 2018, regular meeting; seconded by Member Brass. There was no discussion on this item. VOTE HOOVER - ABSENT MCCOY - YEA BATTON - ABSENT BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY- ABSENT KEEFE - ABSENT JARRIEL - YEA MOTION CARRIED. 167 169 AGENDA VI. OPEN PUBLIC HEARING — Chairperson. A. Consider LDR Text Amendment Application No. 18 -001 -TA amending Sections 78-73; 86-4; 86-90; 86-91; 90-223; 90-253; 90-282; 90-283; 90-313; 90-447; 90-512; 90-632; 90-705; Appendices A, B, and C (Exhibit 1). 1. Presented by City Staff and Planning Staff. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications by the Board. 4. a) Consider a recommendation to the City Council to approve or deny Application No. 18 -001 -TA. JULY 19, 2018 - PLANNING BOARD - PAGE 2 OF 7 ACTION - DISCUSSION - VOTE VICE CHAIR MCCOY OPENED THE PUBLIC HEARING AT 6:04 P.M. The following proposed Land Development Regulation (LDR) Text Amendments, provided through Application No. 18 -001 -TA, amends Code Book Sections 78-73; 86-4; 86-90; 86-91; 90-223; 90-253; 90-282; 90-283; 90-313; 90-447; 90-512; 90-632; 90-705; Appendices A, B, and C, stem from a workshop held on February 15, 2018, refer to those minutes for additional discussion regarding each of the areas discussed. Mr. Ben Smith of LaRue Planning Services was present as the City's Planning Consultant to provide the Planning Staff findings. Mr. Jeffery Newell, the City Building Official was present to address the issues regarding Lot Split/de minimis subdivision and joinder of lots. Exhibit 1 contained a copy of the text amendment in a draft ordinance, which provided the exact language to be added or deleted to each Section of the code (seven pages); and two memorandums from Planning Consultant Bill Brisson, dated June 6, 2018, one with the subject titled "Proposed LDR changes re: Lot splits and Joinders per PB meeting, 2/15/18" (seven pages) and the other subject titled "Seven Proposed LDR changes per Planning Board meeting 2/15/18" (six pages). The memorandums provided background and purpose of each proposed amendment in addition to the content being amended. Vice Chairperson McCoy asked whether there were any comments or questions from those in attendance. There were none Vice Chairperson McCoy asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the Application. None were offered. A motion and a second was offered by Members Brass and Baughman to find LDR Text Amendment Application No. 18 -001 -TA consistent with the Comprehensive Plan, and recommended approving the following Sections as presented: Add the following definitions to Section 86-4: 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 Tots 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 Section 86-90. Procedure for Application Submission and Approval of a Simple Lot Split/De Minimis Subdivision. (a) Submittal. The City shall consider a proposed lot split upon submittal of two 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 applicants interest shall be indicated and the legal owner's authority to apply shall be included in a certified legal form. (2) Completed application form. AGENDA VI. PUBLIC HEARING ITEM CONTINUED. A. 4. a) Consider a recommendation to the City Council to approve or deny Application No. 18 -001 -TA continued. JULY 19, 2018 - PLANNING BOARD - PAGE 3 OF 7 169 ACTION - DISCUSSION - VOTE (3) All applicable fees (See 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. (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 subject 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 and intensity, and maximum allowable lot coverage and impervious surfaces. (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; 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; and if the resulting lots are waterfront lots, whether they will be of adequate size to accommodate a septic tank. (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, 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 Technical Review Committee. (4) If the City Administrator finds that the application meets al! the standards of Section 86 90(b) they may approve the lot split and notify the applicant accordingly. If not, they 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: (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. 170 VI. PUBLIC HEARING ITEM CONTINUED. A. 4. a) Consider a recommendation to the City Council to approve or deny Application No. 18 -001 -TA continued. JULY 19, 2018 - PLANNING BOARD - PAGE 4 OF 7 GTION - DISCUSS!FO Add Section 86-91, Procedure for application submission and approval to combine multiple Tots into one parcel or lot (hereinafter referred to as a "joinder"). (a) Submittal. The city shall consider a joinder upon submittal of two 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, 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 Technical Review Committee. (4) If the City Administrator finds that the application meets all the standards of Section 86-91(b), they may approve the joinder and notify the applicant accordingly. If not, they may approve the joinder with conditions, or disapprove the joinder, and notify the 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 by the City administrator. Amend the appropriate subparagraphs of Sections 90-223, 90-253, 90-283, and 90-313 to provide that one dwelling unit per commercial building, is allowed, provided that the dwelling unit is located either above or behind the ground floor commercial use. Amend the appropriate subparagraphs of Sections 90-253 and 282 to add "and bar" to existing list of Private club and nightclub. AGENDA VI. PUBLIC HEARING ITEM. CONTINUED. A. 4. a) Consider a recommendation to the City Council to approve or deny Application No. 18 -001 -TA continued. JULY 19, 2018 - PLANNING BOARD - PAGE 5 OF 7 171 ACTION - DISCUSSION - VOTE Amend Section 90-447: to read: "Any yard adjoining a street shall be considered a front yard. That yard capon which the property is addressed is required to comply with the minimum depth requirements of the regulations of this article. All other front yards shall be not less than 75 percent of the required minimum depth." Amend Section 90-512 subparagraph (2) Restaurant, nightclub, to include "and bar." for the requirement of 1 off- street parking space per 75 square feet of floor area. Add to Section 90-632, a subparagraph (e), which reads: "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 placed as an accessory structure in a manner consistent with the requirements of the Florida Building Code." The following amendment was not recommended to be adopted as proposed, and be readdressed by the Planning Board for further discussion: Add a Section 90-705, Temporary portable storage containers. (1) 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, including the day of delivery and removal. (c) The container must not exceed any of the following dimensions: 8 -feet in width, 16 -feet in length, and 8 -feet in height. (d) The maximum number of times a container may be delivered to a site is three times per calendar year. (e) At least 30 -days must elapse between placements of a container on a property. (f) The container must be placed only on a driveway or in the side or rear yard. (g) 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. (h) 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 Chapter 252, Emergency Management, Section 252.38 but in no event longer than 60 -days from the termination date of the emergency. (i) 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 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. (d) The container must not exceed any of the following dimensions: 8 -feet in width, 16 -feet in length, and 8 -feet in height. (e) Storage of hazardous materials including flammable and biohazard substances in the container is prohibited. 17 2 JULY 19, 2018 — PLANNING BOARD - PAGE 6 OF 7 AGENDA VI. PUBLIC HEARING ITEM CONTINUED. A. 4. a) Consider a recommendation to the City Council to approve or deny Application No, 18 -001 -TA continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Chairperson. (f) 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 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 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. It was recommended that the City Council not adopt the following proposed amendment, as State Statutes already address the requirement, and increased regulations by the City could maximize the hardship placed on an existing business in the event a natural disaster destroyed or damaged their building and reconstruction was unavoidable: Add a Section 78-73 Section 78.73. Mandatory Water and Wastewater Connections. (a) All new development and redevelopment (redevelopment being defined as the action or process of developing something again or differently) within the City shall be required to connect to the public potable water and wastewater/sanitary sewer systems in the following manner: Where water and/or wastewater/sanitary sewer service lines are in place immediately adjoining the property and service is available as per Florida Statute, 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 (OUA) for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. There was no additional discussion, as it was conducted during the Staff Review period of the meeting and within the various recommendations provided. VOTE HOOVER — ABSENT MCCOY — YEA BATTON — ABSENT BAUGHMAN — YEA BRASS — YEA JONASSAINT — YEA MCCREARY— ABSENT KEEFE — ABSENT JARRIEL — YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for August 21, and September 4, 2018 at 6:00 P.M. VICE CHAIRPERSON MCCOY CLOSED THE PUBLIC HEARING AT 7:36 P.M. AGENDA; JULY 19, 2018 9 - PLANNING BOARD-PAGE7OF7 173 ACTION - DISCUSSION -VOTE VII. ADJOURNMENT — Chairperson. There being no further items on the ageida, Vice Chairperson McCoy adjourned the meeting at 7:36 p.m. 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 Note: by oversight a specific recommendation to amend Appendix A -Application Forms and Content requirements at this proceeding, he/she may need to insure that a verbatim record of the proceeding is by adding Application Form 18, with list of content requirements; Appendix B -Information required on application 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 forms by adding Information 12, listing of information required on application for a lot split, and Appendix C -Schedule Old Land Development Regulations Fees and Charges by adding a $250.00 fee each for a lot split and a lot of joinder k(4.4.0,4 application was not addressed within the motion. Douglas L. McCoy, Vice Chairperson ATTEST: P N_Apdok Patty M. Burnette, Secretary 111Wtip Page 1of fD City of Okeechobee Planning Board City Hall, 55 SE 3`d Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes July 19, 2018 I. Call To Order - Chairperson: Chair Hoover called the July 19, 2018, Regular Meeting to order at L D a II. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson, Board Member Staff Attendance - Secretary. p.m. IV. Agenda - Chairperson. A. VIC Chair Me emi asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. f)1T V. Minutes - Secretary." A.' Board Member/ moved to dispense with the readingad'approve the Summary of Board Action for the May 17, 2018, regular meeting; seconded by Board Member l'cltj Discussion: PRESENT ABSENT (W ORM° CONSENT) Chairperson Hoover ✓ Vice Chairperson McCoy I/ Board Member Batton ✓ Board Member Baughman t/ Board Member Brass 1/ Board Member Jonassaint r/ Board Member McCreary ✓ Alternate Board Member Keefe ✓ Alternate Board Member Jarriel Mcved.h Val-in9 pvsihrn't ✓ Planning Consultant Brisson, Senior Planner ✓ Board Attorney Cook 1/ Board Secretary Burnette IV. Agenda - Chairperson. A. VIC Chair Me emi asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. f)1T V. Minutes - Secretary." A.' Board Member/ moved to dispense with the readingad'approve the Summary of Board Action for the May 17, 2018, regular meeting; seconded by Board Member l'cltj Discussion: NNW. Page2of fLi VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY ✓ BATTON ✓ BAUGHMAN ✓ BRASS ✓ JONASSAINT McCREARY ✓ KEEFE ✓ JARRIEL ✓ RFSUI TS < CARRIF f)FNIFf) VI. CHAIR (' a1� OPENED THE PUBLIC HEARING ATP.M. A. Consider LDR Text Amendment Application No. 18 -001 -TA amending Sections 78-73; 86-4; 86-90; 86-91; 90-223; 90-253; 90-282; 90-283; 90-313; 90-447; 90-512; 90-632; 90-705; Appendices A, B, and C (Exhibit 1). 1. Presented by Cit Staff and Planning Staff. Lo+sp�f Swath_ mrnitU,C �c Nie we (1 ace6,4 as ad al ouk aft lc_ SI{s,&,t5 u t � rPa � nod recce -u °�d (6'1')9 6 S�ls.19" tift‘ 'i-. N0 PA 12V'L 'Pe rrr2 Cc.r�.C,r.. 41- 1) IL MOM Page 3 of 10 VI. PUBLIC HEARING ITEM CONTINUED. pPz GUwCCCt,al-L.0a ,(S has , n o 7 04,45 OK # lr 1 j)Cdeve (cif rA - She(f bALIGIw. 1(1 luty iCU-til. L(_e$ — n�uti GI,C(;-t{.-r< (�i d !-f a��aw1a �--' 44600040Page 4 of (o VI. PUBLIC HEARING ITEM CONTINUED. 4+MIvrrh4 Page 5 of (0 VI. PUBLIC HEARING ITEM CONTINUED. VI. PUBLIC HEARING ITEM CONTINUED. 7 iikii~Page 6 of I° 4406110140Page 7 of ID VI. PUBLIC HEARING ITEM CONTINUED. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications' by the Board. !,.Qp'nz. *WHIM Page 8 of i0 VI. PUBLIC HEARING ITEM CONTINUED. 4. a) Consider a recommendation to the City Council to approve or deny Application. Brass Motion and a second offered by and commen approvyl/denial to the City Council for LDR Text Amendment Application No. 18- -TA amendingtections 78-73 86-4; 86-90; 86-91; 90-223; 90-253; 90-282; 90-283; 90- 313; 90-447; 90-512; 90-632; 0-70 Appendices A, B, and C. c,10 _ 105. (� (AA LLk I:0 1W -eft 7g-73a� liiiiMt Page 9 of I C7 VI. PUBLIC HEARING ITEM CONTINUED. b) Board discussion. 4141111M0Page 10 of 10 VI. PUBLIC HEARING ITEM CONTINUED. Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER V McCOY BATTON BAUGHMAN `./ BRASS JONASSAINT 17 McCREARY ✓- KEEFE IZ JARRIEL �`7 RPM! TS! �ARRIFt� 1 DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively September 4, 2018, 6 pm. VICQCHAIR Me CoTHE PUBLIC HEARING AT 1 ?b/CLOSED P.M. VII. ADJOURN - Chairperson. 1. 20 - 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 the attached. copy of advertisement being a t id .C• I J ELS! 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 --(fo (Jog . 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 anyperson, 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 I(Pr day of vt c; aci 1 Notary Public, State ofplorida at Large ✓l/V u A 1054i9 J ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:April 20, 2020 4,gArgse Bonded Ttw Notary Public Underwriters AD • Okeechobee, 4ews . t r t •s. f ' 107 SW 17th St eet;'Suite,IYf•-/"\•\ Okeechobee, Dgida 34974'''1 863-766413C!:. PUBLICNOOIIt . CITY PLANNING BOARD MEETING NOTICE'S HEREBY GIVEN Uel the ay dauedicbec hung Board Wa matt a ngrt'ra T t lid 19, 2810, 6 PM, or as sun thereatteraspossbb,dQy 55SE3ndAvr Rm20B4Oaedrobe:,R.As thelodPtirrigAgrcy,,the Bead rreymn:dadretgaram. we:bea maanryy poposedarndiets mthe nowt lard t dpnent Ro7tiOxiso. by ay92ItBoard Mentes, orcittms. The pit:kistrvEedand e'muagetbattedTheageda beotmhed from dldoleec'°beer cetcap/ran theGmere!SeVas 80.763- 3372 • ANY PERSON DE D1NGTOAPPELLarria:di tnedeWtheFB/BCN wth respal tDEnt miler mimedatUrsrtrxtbgvie next toearnater tear'temtd dthe pnomedrg Is neck and Ue record tads the testirtmj and eAdexeppm vt43t Ue tvett be based In =tant e vitt the ArrekansCe(lErri mmmiti a dtvas the AIM, that ro2dsspode! gum auaitnp ehU cod= the Great SeiVas alta ro titer Ben b%o testes drys pt r to pmme8g, 863-763337E BE ADVISED art strut] you 'tendtostowany dmr 4,pthre,vtpn cc trust, the MON h agpataoEpastfon to any Gen m the agenda, a oBp/ darythe d t Wm, or len must to pohhd to the Bard CITY OF OKEECHOBEE PLANNING BOARD JULY 19, 2018, OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - Chairperson: July 19, 2018, Regular Meeting, 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 Alternate Board Member Bob Jarriel Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. AGENDA - Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members, or the public. V. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the May 17, 2018, regular meeting. VI. OPEN PUBLIC HEARING - Chairperson. A. Consider LDR Text Amendment Application No. 18 -001 -TA amending Sections 78-73; 86-4; 86-90; 86-91; 90-223; 90-253; 90-282; 90-283; 90-313; 90-447; 90-512; 90-632; 90-705; Appendices A, B, and C (Exhibit 1). 1. Presented by City Staff and Planning Staff. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications' by, the Board. 4. a) Consider a recommendation to the City Council to approve or deny Application. JULY 19, 2018 - PB Agenda - Page 2 of 2 b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively September 4, 2018, 6 pm. CLOSE PUBLIC HEARING - Chairperson. VII. 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 of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. 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. Okeechobee•1'eWs 107 SW 17th,Stteet, Suite D, Okeechobee;t 1orida 3497 r .� � \ 863-7G3-3134>, .7 s; 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, G'lor'ia, .that the- attached copy of advertisement being a i i t- i�)ti \C)4&Q) in the matter of -1 1.Q&r`ii •i.�1 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. 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Zoning A6rtthamrMarosMatrsDeOm, imus Na 18-031 Dk i.) 7/1.11/1018 Exhibit 1 DRAFT, Per LPA Work Session. *)-15-13 ORDINANCE NO. 11XX AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 78 -DEVELOPMENT STANDARDS, ARTICLE III -UTILITIES, BY ADDING A NEW SECTION 78.73 ENTITLED, MANDATORY WATER AND WASTEWATER CONNECTIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 86 -SUBDIVISIONS, ARTICLE I -IN GENERAL, SECTION 86-4 DEFINITIONS, ADDING DEFINITIONS FOR LOT SPLIT/DE MINIMIS SUBDIVISION AND JOINDER OF A LOT; AMENDING ARTICLE II -PLANS AND PLATS, ADDING A NEW DIVISION 3 ENTITLED, SIMPLE LOT SPLITIDE MINIMIS SUBDIVISIONS, AND A NEW SECTION 86.90 ENTITLED, PROCEDURE FOR APPLICATION SUBMISSION AND APPROVAL OF A SIMPLE LOT SPLIT/DE MINIMIS SUBDIVISION; ADDING A NEW DIVISION 4 ENTITLED, JOINDER OF LOTS, AND A NEW SECTION 86-91 ENTITLED, PROCEDURE FOR APPLICATION SUBMISSION AND APPROVAL OF A JOINDER OF LOTS; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE DISTRICT AND AND DISTRICT REGULATIONS, DIVISION 6 -COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPTION USES, ADDING A PROVISION TO ALLOW ONE DWELLING UNIT PER COMMERICAL BUILDING WITH CONDITIONS; AMENDING DIVISION 7 -LIGHT COMMERCIAL DISTRICT, SECTION 90.253 SPECIAL EXCEPTION USES, TO INCLUDE BAR TO ITEM (3) PRIVATE AND NIGHT CLUB, AND ADDING A CONDITION TO ITEM (15) ONE DWELLING UNIT PER COMMERCIAL BUILDING; AMENDING DIVISION 8 -HEAVY COMMERCIAL DISTRICT, SECTION 90.282 PERMITTED USES, TO INCLUDE BAR TO ITEM (8) PRIVATE AND NIGHT CLUB, AND SECTION 90-283 SPECIAL EXCEPTION USES, ADDING A CONDITION TO ITEM (17) ONE DWELLING UNIT PER COMMERCIAL BUILDING; AMENDING DIVISION 9 -CENTRAL BUSINESS DISTRICT, SECTION 90-313 SPECIAL EXCEPTION USES, ADDING A CONDITION TO ITEM (10) ONE DWELLING UNIT PER COMMERCIAL BUILDING; AMENDING ARTICLE IV - SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 1 -GENERALLY, SECTION 90.447 YARDS ON CORNER LOTS, BY IDENTIFYING THAT THE YARD UPON WHICH THE PROPERTY IS ADDRESSED IS AS THE PRIMARY FRONT YARD; AMENDING DIVISION 3 -OFF-STREET PARKING AND LOADING, SECTION 90-512 SPACE REGULATIONS, REQUIRING ONE PARKING SPACE PER 75 -SQUARE FEET OF FLOOR AREA; AMENDING DIVISION 7 -ACCESSORY USES AND STRUCTURES, SECTION 90.632 APPLICABLE REGULATIONS FOR ALL, ADDING A NEW SUBSECTION (E) REQUIRING THAT STRUCTURES OR CONTAINERS USED FOR STORAGE BE TREATED AS AN ACCESSORY STRUCTURE; AMENDING DIVISION 9 - SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS, ADDING A NEW SECTION 90-705 ENTITLED, TEMPORARY PORTABLE STORAGE CONTAINERS, AND SETTING FORTH THE RESTRICTIONS AND LIMITATIONS UPON THEIR PLACEMENT IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 18 -001 -TA, at a duly advertised Public Hearing held on July 19, 2018, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to .the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its Language to be added Is underlined. Language to be deleted Is Wusk-1Mergb. Ordinance No. 11XX- Page 1 of 7 DRAFT, Per LPA Work Session. 2-15-1? citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: Amendment and Adoption to Section 78-73. That the City Council for the City of Okeechobee, Florida amends herein Part II Code of Ordinances, Subpart B -Land Development Regulations, Chapter 78 -Development Standards, Article III -Utilities, by adding a new Section 78-73, as follows: Section 78.73. Mandatory Water and Wastewater Connections. f al All new development and redevelopment (redevelopment being defined as the action or process of developing something again or differently) within the City shall be required to connect to the public potable water and wastewater/sanitary sewer systems in the following manner: (1) Where water and/or wastewater/sanitary sewer service lines are in place immediately adioininq the property and service is available as per Florida Statute, 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 (OUA) for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. /SECTION 2: Amendment and Adoption to Section 86.4. That the City Council for the City of Okeechobee, Florida amends herein Part H of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 86 -Subdivisions, Article 1 -In General, specifically: Section 86-4, Definitions, by adding definitions for lot split/de minimis subdivision and joinder of a lot, as follows: Lot splitlde 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 lots 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). ✓ SECTION 3: Amendment and Adoption to Section 86-90. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 86 -Subdivisions, Article II -Plans and Plats, by adding a new Division 3 entitled, Simple Lot Split/De Minimis Subdivisions and a new Section 86-90, as follows: Section 86-90. Procedure for Application Submission and Approval of a Simple Lot Split/De Minimis Subdivision. Submittal. The City shall consider a proposed lot split upon submittal of two copies of the following information: f 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. 21 Completed application form. Lai All applicable fees (See Appendix C. Schedule of Land Development Regulation Fees and Charges). f4j Owner's authorization (if applicable). Language to be added Is yndedined. Language to be deleted Is fib. Ordinance No. 11M- Page 2 of 7 DRAFT, Per LPA Work Session 2— i 5-13 2 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 Tots 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. t A statement from the appropriate provider indicating if water and sanitary sewer service capacity is available to the property. 11 Standards. All lot split requests must conform to the following standards: Ll The division of land must not increase the number of lots to greater than two. 11 The property that is the subject of the lot split shall be current in its ad valorem tax and other assessments due to the City and County. u Each of the newly created Tots must meet or exceed all requirements of the zoning district in which the lot is located. !1 Each of the newly created Tots 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. u Each of the newly created lots must have no encumbrances on the subject property that would render the newly created Tots undevelopable, or would impact the transfer of title. u 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 and intensity, and maximum allowable lot coverage and impervious surfaces. !1 The proposed lot split must be consistent with surrounding Tots. In determining consistency and compatibility with surrounding Tots, the city council may consider among other things, whether the existing or platted lots have been divided., whether the majority of existing or platted Tots are comparable in size or configuration along the same street within 500 -feet of the subject lot: and if the resulting lots are waterfront lots, whether they will be of adequate size to accommodate a septic tank. t 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. 19j. 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. 11 Approval. f 1l 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, determine if the application meets the submittal requirements of Section 86-90(a). 11 If the submittal is incomplete, the applicant will be notified of the deficiencies for revision and resubmittal. 21 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 Technical Review Committee. 1A) If the City Administrator finds that the application meets all the standards of Section 86-90(b), they may approve the lot split and notify the applicant accordingly. If not, they may approve the lot split with conditions, or disapprove the lot split, and notify the applicant accordingly. 1LI) Actions subsequent to approval. Before a building permit may be issued, the applicant must: 11n Record the lot split in the official records of Okeechobee County; and Ordinance No.11XX- Page 3 of 7 Language to be added Is undefined. Language to be deleted is ckueMh,eugh. i DRAFT, Per LPA Work Session -1-5-18 Provide proof of the lot split approval by the City Administrator. SECTION 4: Amendment and Adoption to Section 86.91. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, providing for amendments to Chapter 86 -Subdivisions, Article II -Plans and Plats, by adding a new Division 4 entitled, Procedure for Application Submission and Approval of a Joinder of Lots, and a new Section 86-91, as follows: Section 86.91. Procedure for application submission and approval to combine multiple Tots into one parcel or lot (hereinafter referred to as a "joinder"). Lel Submittal The city shall consider a joinder upon submittal of two copies of the following information: jf 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. f21 Completed application form. • 21 All applicable fees (Appendix C. Schedule of Land Development Regulation Fees and Charges). f4Z Owner's authorization (if applicable). j_. 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. 1.61 Completed Unity of Title form. 11 Standards. All joinder requests must conform to the following standards: M The properties that are the subiect of the joinder shall be current in their respective ad valorem tax and other assessments due to the City and County. u AU lots or parcels (or portions thereof) shall be located within the same zoning district. !1 Approval. fl 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, determine if the application meets the submittal requirements of Section 86-91(a). • 1 If the submittal is incomplete, the applicant will be notified of the deficiencies for revision and resubmittal. 1.3_1 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 Technical Review Committee. f4) If the City Administrator finds that the application meets all the standards of Section 86-91(b), they may approve the joinder and notify the applicant accordingly. If not, they may approve the joinder with conditions, or disapprove the ioinder, and notify the applicant accordingly. j� Actions subsequent to approval. Before a building permit may be issued, the applicant must: f 11 Record the Unity of Title in the official records of Okeechobee County; and 121 Provide proof of the joinder approval by the City administrator. Language to be added Is yndedined. Language 10 be deleted Is l,uck Yveugh. Ordinance No. 11XX- Page 4 of 7 DRAFT, Per LPAh/orl; Session. 2-•!5-1U SECTION 5: Amendment and Adoption to Section 90-223. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 6 - Commercial Professional and Office District, Section 90-223 Special Exception Uses, by adding a provision to allow one dwelling unit per commercial building with conditions, as follows: u One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. SECTION 6: Amendment and Adoption to Section 90-253. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Reguiations, Division 7- / Commercial District, Section 90-253 Special Exception Uses, to expand the list of uses in subsection (3) to include bar, and to modify subsection (15) to read as follows: J(3) Private club, nightclub, and bar. J(15) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. SECTION 7: Amendment and Adoption to Section 90-282. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 8 - Heavy Commercial District, Section 90-282 Permitted Uses, to expand the list of uses in subsection (8) to include bar, as follows: d(8) Private club, nightcluband bar. SECTION 8: Amendment and Adoption to Section 90-283. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, V Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 8 - Heavy Commercial District, Section 90-283 Special Exception Uses, to modify subsection (17) to read as follows: /(17) One dwelling unit per commercial building, provided that the dwelling unit is located either V above or behind the ground floor commercial use. SECTION 9: Amendment and Adoption to Section 90-313. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article III -District Regulations, Division 9- _ Central Business District, Section 90-313 Special Exception Uses, to modify subsection (10) to read as follows: / (10) One dwelling unit per commercial building, provided that the dwelling unit is located either �/ above or behind the ground floor commercial use: SECTION 11: Amendment and Adoption to Section 90.447. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, V Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article IV -Supplementary District Regulations, Division 1 -Generally, Section 90 -447 -Yards on Corner Lots, to read such that the setback for the street yard upon which the property is addressed is the primary front yard, as follows: /Any yard adjoining a street shall be considered a front yard. That yard upon which the property is 1,1 addressed One -front is required to comply with the minimum depth requirements of the regulations of this article, cond-front yard All other front yards shall be not less than 75 percent of the required minimum depth. SECTION 12: Amendment and Adoption to Section 90-512. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article IV -Supplementary District Ordinance No. 11XX - Page 5 of 7 Language to be added is yndedined. language to be deleted is Waskthrengb. DRAFT, Per LPA Work Session;.:.' Regulations, Division 3 -Off -Street Parking and Loading, Section 90-512 Space Regulations, by adding bar to subsection (2), the parking requirement for commercial uses, to read as follows: J(2) Restaurant, nightclub, and bar. 1 per 75 square feet of floor area SECTION 13: Amendment and Adoption to Section 90.632. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article IV -Supplementary District Regulations, Division 7 -Accessory Uses and Structures, Section 90-632 Applicable Regulations for All, by adding a new subsection (e) as follows: J j1 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 placed as an accessory structure in a manner consistent with the requirements of the Florida Building Code. SECTION 14: Amendment and Adoption to Section 90-705. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -Zoning, Article IV -Supplementary District Regulations, Division 9 -Special Exception and Supplemental Use Regulations, by adding a new Section 90-705 entitled, Temporary Portable Storage Containers, as follows: Section 90.705, Temporary portable storaqe containers. j� Temporary portable storage containers are allowed in single family residential zoning districts subject to the following restrictions and limitations: ja.1 The principal use on the property must be a single-family residence. 1111 The container must remain on the property no more than 15 days, including the day of delivery and removal. 11 The container must not exceed any of the following dimensions: 8 -feet in width, 16 -feet in length, and 8 -feet in height. j1 The maximum number of times a container may be delivered to a site is three times per calendar year. (e) At least 30 -days must elapse between placements of a container on a property. (f) The container must be placed only on a driveway or in the side or rear yard. jg) 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. j1 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 Chapter 252, Emergency Management, Section 252.38 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. 21 Temporary portable storage containers used in connection with permitted construction activity may be located in any zoning district subiect to the following conditions: 11 The container must not encroach on sidewalks, rights-of-way, adjacent properties or obstruct the view of motorists. j1 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. (d) The container must not exceed any of the following dimensions: 8 -feet in width, 16 -feet in length, and 8 -feet in height. jet Storage of hazardous materials including flammable and biohazard substances in Ordinance No. 11XX - Page 6 of 7 Language to be added Is underlined. Language to be deleted is s&uckIhroug0. DRAFT. Per LPA Work Session. 2- 15-18 the container is prohibited. (f) 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 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 igl In the event the City 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. SECTION 15: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 16: Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 17: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this _ day of 2018. ATTEST: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this _ day of , 2018. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney The following items must be part of the Planning Boards recommendation to the City Council, but will not be incorporated into the Ordinance because they will be adopted by a separate resolution: • Amend the Code of Ordinances Appendix A -Application Forms and Content Requirements by adding "Application Form 18" with list of content requirements. • Amend the Code of Ordinances Appendix B -Information Required on Application Forms by adding "Information 12," listing of information required on Application for a Lot Split. • Amend the :' Code of Ordinances Appendix C -Schedule of Land Development 'Regulations Fees and Charges by adding a $250.00 fee each for a lot split and a lot joinder application. Language to be added is yndedined. Language to be deleted is gyp. Ordinance No. 11XX- Page 7 of 7 Memorandum To: Patty Burnette, General Services Coordinator From: Bill Brisson, AICP Sr. Planner, LaRue Planning Date: June 6, 2018 Subject: Proposed LDR changes re: Lot splits and Joinders per PB meeting, 2/15/18. Changes made as a result of the 2/15/2018 meeting are in red. 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 Tots, sites, or parcels, any one of which contains two acres or Tess 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 Tots 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 Tots 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 prc.)\ i<li ; p z,r-nun ;;And man: ` cn,cmf. itir)n:5 } or lc)c«t 4ovcrnmcnts )'S `7trc•Ct,``7I t '_Jc; <.�rt ��'jcj,r,r5, j 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, 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. LaK' c Planning 2 (3) All applicable fees (Appendix C. Schedule of Land Development Regu- 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 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: (1) 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 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 non- conforming regarding required setbacks, maximum allowable density and intensity, and maximum allowable lot coverage and impervious surfaces; 3 LaRue ptanning (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; 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; and if the resulting lots are waterfront lots, whether they will be of adequate size to accommodate a septic tank. (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. (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 Sec. 86- 90(a). (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 city's planning consultant and other members of the TRC. (4) If the city 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. �eRt!e ptannt.ng 4 4. Add a new DIVISION 4, COMBINATION OF LOTS Add a new Section 86-91, under DIVISION 4, to read as follows: 86-91, Procedure for application submission and approval to combine multiple Tots 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 Regu- 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: 5 LaRue pl:anni.ng 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 County, Florida. day of , 20 In Okeechobee WITNESS: OWNER(S) Name Printed: Name Printed: STATE OF FLORIDA COUNTY OF OKEECHOBEE Name Printed: Address: 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 Name Printed: State of at large My Commission Expires: (b) Standards. All joinder requests must conform to the following standards: LaF„e pianni:ng 6 (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 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 city administrator finds that the application meets all the standards of Sec. 86-91(b), he may approve the joinder and notify the applicant accordingly. If not, he may approve the joinder with conditions, or disapprove the joinder, and notify the 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 by the city administrator. Appendix A: Add "Application form #18" with list of content requirements. Appendix B: Add "Information 12", listing of information required on Application for a Lot Split. Appendix C: Add a fee of $250.00 fee each for a lot split and a lot joinder. 7 LaRue planning Memorandum To: Patty Burnette, General Services Coordinator From: Bill Brisson, AICP Sr. Planner, LaRue Planning Date: June 6, 2018 Subject: Seven Proposed LDR changes per Planning Board meeting 2/15/18 Changes made as a result of the 2/15/2018 meeting are in red. 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 strikeout format and new language is underlined. Changes to the proposals that were arrived at by consensus among the Planning Board members at the February 15th Work Session are identified in red. Additions by the Planning Board are underlined, and deletions are in strike -out format. 01-1. Where do "manufactured steel containers" intended to be used for permanent storage fit in the Land Development Regulations? ORD ITEM #10 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 placed as an accessory structure in a manner consistent with the requirements of the Florida Building Code. 2. Add a new supplementary use regulation, §90-705, for Temporary portable storage containers, to read as follows: ORD ITEM #11 Pro\-ic`tin,2; fh rn,unf;f'ui manag'emccnt 5cOIutrc,111:; for occ, c,covcrnmcint:3 i j' , ),ick on:73l-rcrt.,` tlit-e''_Jo c7rf (V'1tt.;r5, wek.w.l:3rticrinnnr;s,eoni §90-705, Temporary portable storage containers (1) 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, including the day of delivery and removal. t1� 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. 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 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. 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. L al 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. d. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. 2 planning l P1 - 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 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. Ord. item #3 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. Ord. itewk #7 c. Amend §90-512 by adding bar to subsection (2), the parking requirement for commercial uses, to read as follows: Restaurant, nightclub, and bar. Ord. item # 9 LaR' e planning 3 4. CPO District — allow one residential unit per commercial building. ORP ITEM 42 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: Ord Itew►# 4 (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. 1 Amend Sec. 90-283, subsection (17) to read as follows: Ord Itevvk# 5 (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: Ord Itewvn / 6 (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. LaRue pl;anni.ng 4 6. Yards on corner Tots. Need to clarify the appropriate setbacks for principal and accessory structures on corner Tots or other Tots 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: Ord Itewtn 1 8 Any yard adjoining a street shall be considered a front yard. That yard upon which the property is addressed One front yard is required to comply with the minimum depth requirements of the regulations of this article. The second front 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. Ord Itew 1 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 system(s) and no development permit shall be approved until such time as financial arrangements with Okeechobee Utility Authority (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 (3) t of connection fees and capital outlay fees associated with req system(s) have been completed. 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- eo f in atien with, OUA. e 5 LaR e pl;anriing ( ) All existinw deeelo•ment within the Cit of Okeechobee shall be re uired to by f clow , m n.�r+c�r• RI' SI7Iri.' ::. ble water and sanit Service is available i it shall--be—issued—or other • . . payment of connection fees and capital outlay fees associated with LaK e planning 6 CITY OF OKEECHOBEE LOT SPLIT/DEMINIMIS SUBDIVISION - JOINDER OF LOT(S) APPLICATION PLEASE READ AND COMPLETE THE ATTACHED APPLICATION. BE SURE TO ANSWER ALL QUESTION CAREFULLY AS ADMINISTRATION RESERVES THE RIGHT TO REJECT ANY APPLICATION WHICH IS IMPROPERLY FILLED OUT OR INCOMPLETE, THE SIGNATURE OF THE PROPERTY OWNER OR PERSON WITH DOCUMENTED POWER OF ATTORNEY MUST SIGN THE APPLICATION FORM. 1) FEES AND SUBMITTAL FORMS: 2) FEE: $250.00 MAKE CHECK PAYABLE TO THE CITY OF OKEECHOOBEE. 3) SUBMITTAL COPIES: TWO COPIES OF A CURRENT SURVEY. 4) POWER OF ATTORNEY DOCUMENT FOR AGENT (IF APPLICABLE) 5) WARRANTY DEED. (TWO COPIES) PLEASE SUBMIT APPLICATION AND/OR FOR FURTHER ASSISTANCE PLEASE CONTACT THE FOLLOWING: PLANNING AND ZONING CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE, FLORIDA 34974 PHONE NUMBER: 863 763 9820 FAX NUMBER: 863 763 1686 WEBSITE: CITYOFOKEECHOBEE.COM DRAFT FOR REVIEW CITY OF OKEECHOBEE, FLORIDA Lot Split/DeMinimis Subdivision —Joinder of Lot(s) Application Check One: Lot Split/DeMinimis Subdivision Joinder of Lot(s) Fee: $250.00 (Please Make Check Payable to CITY OF OKEECHOBEE) 1) Property Owner: As shown in, THE OFFICIAL COUNTY RECORD. (Please Attach Current Warranty Deed) Name: Mailing Address: City State Zip Phone #: Fax # 2) Agent: If Applicable, Notarized Power of Attorney must be attached) Name: Mailing Address: City State Zip Phone #: Fax # 3) Description of Property: Street Address: Tax Parcel ID: Zoning: Legal Description: Lots: Block: Subdivision: (Attach Separate Page if Necessary) Explanation of Lot Split/DeMinimis Subdivision and/or Joinder of Lot(s) Describe What You Are Trying to Accomplish Information as contained within the attached checklist must be provided and accepted by the City of Okeechobee for this application to be considered. Additional information as required by the City of Okeechobee's Planning Department or as attached by the Applicant constitutes as a part of this application. I hereby certify that I am the owner of property involved in the above described lot split/deminimis subdivision and/or joinder of lot(s) request and that the information set forth is true and correct. By: Print Name Signature Date