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1170 #18-001-TAORDINANCE NO. 1170 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 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 SPLIT/DE 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 III -DISTRICT 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 COMMERCIAL 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; 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, 20`8, 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 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. Ordinance No. 1170 - Page 1 of 7 Language to be added is underlined, Language to be deleted is Mr -ask -through. 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 86-4. 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 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 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 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 2: 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: fl A cover letter describing the proiect, identifying the proiect 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. Completed application form. 2 All applicable fees (See Appendix C. Schedule of Land Development Regulation Fees and Charges). Lea Owner's authorization (if applicable). 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. 2 A statement from the appropriate provider indicating if water and sanitary sewer service capacity is available to the property. Standards. All lot split requests must conform to the following standards: 111 The division of land must not increase the number of lots to greater than two. u 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. 2 Each of the newly created lots must meet or exceed all requirements of the zoning district in which the lot is located. f,441 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. Ordinance No. 1170 - Page 2 of 7 Language to be added is underlined. Language to be deleted is etrusk-thmegb. 2 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. 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. • 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. 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. n 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. Approval. L_11 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. 2 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. u 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. Ica Actions subsequent to approval. Before a building permit may be issued, the applicant must: Record the lot split in the official records of Okeechobee County; and Provide proof of the lot split approval by the City Administrator. SECTION 3: 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 lots into one parcel or lot (hereinafter referred to as a "joinder"). u Submittal. The City shall consider a joinder upon submittal of two copies of the following information: fl 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. u All applicable fees (Appendix C. Schedule of Land Development Regulation Fees and Charges). Ordinance No. 1170 - Page 3 of 7 Language to be added is underlined. Language to be deleted is stwsk through. 041 Owner's authorization (if applicable). M 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. LQ). Completed Unity of Title form. (� Standards. All joinder requests must conform to the following standards: JJ. 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. fc1 Approval. L1). 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). u If the submittal is incomplete, the applicant will be notified of the deficiencies for revision and resubmittal. 2 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. f41 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. LI). Actions subsequent to approval. Before a building permit may be issued, the applicant must: f� Record the Unity of Title in the official records of Okeechobee County; and 1_2_1 Provide proof of the joinder approval by the City administrator. SECTION 4: 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: (12) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. SECTION 5: 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 Regulations, Division 7 - Light 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: (3) Private club, nightclub, and bar. (15) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. Ordinance No. 1170 - Page 4 of 7 Language to be added is underlined. Language to be deleted is strask-through. SECTION 6: 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: (8) Private club, nightclub, and bar. SECTION 7: Amendment and Adoption to Section 90-283. That the Ciiy 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 90-283 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 above or behind the ground floor commercial use. SECTION 8: Amendment and Adoption to Section 90-313. That the ay 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 9: 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, 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 addressed One front 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 percent of the required minimum depth. SECTION 10: 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 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: (2) Restaurant, nightclub, and bar. 1 per 75 square feet of floor area SECTION 11: 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: 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. Ordinance No. 1170 - Page 5 of 7 Language to be added is underlined. Language to be deleted is skunk -through. SECTION 12: 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 storage containers. Temporary portable storage containers are allowed in single-family residential zoning districts subject to the following restrictions and limitations: LAI The principal use on the property must be a single-family residence. u The container must remain on the property no more than 15 days, including the day of delivery and removal. 121 The container must not exceed any of the following dimensions: 8 -feet in width, 16 -feet in length, and 8 -feet in height. LI 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,. • 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. u 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. u Temporary portable storage containers used in connection with permitted construction activity may be located in any zoning district subject to the following conditions: La]. The container must not encroach on sidewalks, rights-of-way, adjacent properties, or obstruct the view of motorists. • The container may remain on the lot for the duration of construction authorized by an active building permit. u The container must be removed within 30 -days of issuance of a certificate of occupancy or final inspection. The location of a container to be placed on a lot within a single-family zoning district must be approved by the Building Official and must not exceed anv of the following dimensions: 10 -feet in width, 20 -feet in length, and 10 -feet in height. ▪ The location and size of a container located in any zoning district other than a single-family district shall be determined during site plan review. �f Storage of hazardous materials including flammable and biohazard substances in the container is prohibited. Lqi 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 u 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. Ordinance No. 1170 - Page 6 of 7 Language to be added is underlined. Language to be deleted is struck trough. SECTION 13: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 14: 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 15: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First reading and set for Final Public Hearing on this 18th day of September, 2018. ATTEST: Watford, r. Dowling R. a , Mayor Lane amiotea, CMC, ity Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 2nd day of October, 2018. /-1( Dowling R. Watford, Jr., ayor ATT ST: re Lane amiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFI IENCY: \—) John R. Cook, City Attorney Ordinance No. 1170 - Page 7 of 7 Language to be added is underlined. Lanauaoe to be deleted is stwsk-04049k 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. hese. marma(s free cL. O o +o 1-Ylervi i5er5 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. 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 . - • . - 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 providing planning and management solutions for local governments i 37'5 Jackson jtreet, Suite 206 fort Mters, r L. 55901 239-33+-3366 www.lar-ueplanning.com §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. d. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. e. The maximum number of times a container may be delivered to a site is three times per calendar year. f. At least 30 days must elapse between placements of a container on a property. g. The container must be placed only on a driveway or in the side or rear yard. h. When placed on the driveway within the front setback area the container must be located so that pedestrian and vehicular traffic is not obstructed and so that the view of an operator of a motor vehicle entering or exiting a right-of-way is not obstructed. i. In the case of a city-wide declaration establishing civil emergency condi- tions, the container may remain on a site for the length of time of the civil emergency established pursuant to 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. 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 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. item *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 #q 3 LaK'= planning ORD ITEM #2 Ord Itewn# 5 4. CPO District — allow one residential unit per commercial building. The CLT, CHV and CBD Districts allow one dwelling unit per commercial building as a special exception use. The CPO District does not. It would appear to us that the CPO District would be a likely candidate for the same limited mixed-use as now allowed in the other two commercial districts. We recommend the following amendment: Amend §90-223 by adding a new subsection (12) to the list of special exception use in the CPO District to read as follows: (12) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. 5. Modify the provisions allowing one residential unit per commercial building in the CLT, CHV and CBD Districts to read the same as that proposed for the CPO District. There are no guidelines or regulations pertaining to where the residential unit should be located. When a community allows residential uses in commercial districts, they are usually expected to be located above or behind the commercial use. This limit on the location of the dwelling unit is frequently used to maintain a continuous pedestrian path between and among commercial uses on the ground floor. When noncommercial uses are located on the ground floor fronting directly onto the sidewalk or street frontage, they interfere with continuous flow of potential shoppers and customers. We believe that it was very likely the intent of allowing the residential unit that it be located above, or perhaps behind, the commercial use. Amend Sec. 90-253, subsection (15) to read as follows: Ord Itew►r 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. Amend Sec. 90-283, subsection (17) to read as follows: (17) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. Amend Sec. 90-313, subsection (10) to read as follows: Ord Itewv 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. plLaRnni:'ue ng 6. Yards on corner lots. Need to clarify the appropriate setbacks for principal and accessory structures on corner lots or other lots with multiple street frontages. We suggest that the required front yard setback be applied to that street frontage upon which the property is addressed and the secondary street setback(s) be applied to all other street frontages on a lot or parcel. Amend §90-447. Yards on corner lots, to read as follows: Ord Itev►n# 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 Ill, to read as follows: Sec. 78.73. Mandatory hook-up. Ord Itevvx# 1 (a) All new development and redevelopment (redevelopment being defined as the action or process of developing something again or differently) within the City of Okeechobee shall be required to connect to the public potable water and sanitary sewer systems in the following manner: (1) Where water and/or sanitary sewer service lines are in place immediately adjoining the property and service is available as per state statute, the property shall be required to connect to the 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) to the sy,tem(s) and no development permit shall be approved until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the ystems) have been completed. Where reuse water service lines are not in slace ad'oinin+ the .ro•ert and reuse service is not available, the developer shall work to install a water reuse distribution system as feasible, and in coordination with, OUA. 5 LaK,c ptanr pg (b) All existin_ develo s ment within the Cit of Okeechobee shall be re • uired to connect to the public potable water and sanitary sewer systems in the following • LI Where notable water and sanitar sewer service lines are in slace and service is available immediately adjoining the property, any use not connected to such services shall be required, at the time of a change in ownership, to connect to the system(s). 0 No develo • ment s ermit shall be issued or other re • uired a • • roval granted, until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. 6 LaRue pin�litn'g 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 lots, sites, or parcels, any one of which contains two acres or less in area, or, if a new street or easement for street purposes or the establishment or dedication of a highway, street, or alleys is involved, any division of a parcel of land. The term "subdivision" includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. The sale or exchange of small parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots shall not be considered a subdivision of land." [emphasis added] This definition does not address the division of land into two parcels which do not involve the need for a new street, alley or easement. In planning parlance, such a division of land is commonly referred to as a" lot split", "simple lot split" or "de minimis subdivision". Of course, no matter which term is used, a lot split is still subject to the minimum lot size and frontage requirements of the zoning district in which the land is located; and, any development of such lots must also meet the setback and other development standards applicable in that zoning district. Unfortunately, however, without specific regulations and a process to address this type of subdivision of land, it can occur without the City's knowledge. This can result in lots that do not conform to minimum frontage, minimum land area, maximum lot or impervious coverage requirements. It can also result in the creation of landlocked lots, or lots with buildings or other struc- tures the locations of which do not conform to the City's setback requirements. The Building Official and I agree that Chapter 86 of the City's Code of Ordinances providing planning and management solutions for local governments 1 375 Jackson jtreet, Suite, 2_06 ort NA Liers, T I_,,,,01 2.59-554-5566 www.larueplanning.com 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. 2 LaKue planning (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 planning (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. LaRue pl':a.nrplgg 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 lots into one parcel or lot (hereinafter referred to as a "joinder"). (a) Submittal. The city shall consider a joinder upon submittal of (2) copies of the following information: (1) A cover letter describing the project, 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'arnri!n;g UNITY OF TITLE In consideration of the issuance of a Permit to as Owner(s) for the construction of In the City of Okeechobee, Florida, and for goods and valuable considerations, the undersigned hereby agrees to restrict the use of lands described in EXHIBIT "A" attached hereto in the following manner: 1. That said property shall be considered as one plot and parcel of land and that no portion of said plot and 'parcel of land shall be sold, transferred, devised, or assigned separately except in its entirety as one plot or parcel of land. 2. The undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, their heirs and assigns until such time as the same may be released in writing by the City Council. 3. The undersigned further agrees that this instrument shall be recorded in the Public Records of Okeechobee County. Signed, sealed, executed and acknowledge on the day of , 20 In Okeechobee County, Florida. WITNESS: OWNER(S) Name Printed: Name Printed: Address: Name Printed: STATE OF FLORIDA COUNTY OF OKEECHOBEE Name Printed Address: I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of 20 , by . He or she is personally known to me or has produced as identification. NOTARY PUBLIC Name Printed: State of at large My Commission Expires: (b) Standards. All joinder requests must conform to the following standards: 6 LaRue planning (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 Bobbie Jenkins From: Bobbie Jenkins Sent: Wednesday, October 17, 2018 11:23 AM To: Lane Gamiotea; Marcos Montes De Oca; Robin Brock; India Riedel; Melissa Henry; Kim Barnes; Patty Burnette; Jackie Dunham; Robert Peterson; Donald Hagan; Police - Jeanna Lanier; Terisa Garcia; Police - Lt. Justin Bernst; dvause@sao19.org; mail@legal-one.com; Herb Smith; Fire - Fred Sterling ; Sue Christopher; PW - Donnie Robertson; Jim LaRue; Bill Brisson; LaRue - Gloria; Jeff Newell; David Allen; Jessie Weigum; Kim Bass ; vikki.okeefe@pd19.0rg; hillr@circuit19.org; Dawn Hoover; Cnty Planner; J.J. Smith; Police - Aurelio Almazan ; Police - Belen Reyna ; Police - Skip Eddings; Police - Dawn Wendt Subject: City of Okeechobee Code Book Update Attachments: 1170 #18 -001 -TA n.pdf Tracking: Recipient Read Lane Gamiotea Read: 10/17/2018 11:30 AM Marcos Montes De Oca Robin Brock India Riedel Melissa Henry Kim Barnes Patty Burnette Jackie Dunham Read: 10/17/2018 11:32 AM Robert Peterson Donald Hagan Police - Jeanna Lanier Terisa Garcia Police - Lt. Justin Bernst dvause@sao19.org mail@legal-one.com Herb Smith Fire - Fred Sterling Sue Christopher PW - Donnie Robertson Jim LaRue Bill Brisson LaRue - Gloria Jeff Newell David Allen Jessie Weigum Kim Bass vikki.okeefe@pd19.0rg hillr@circuit19.org Dawn Hoover 1 Recipient Read Cnty Planner It Smith Police - Aurelio Almazan Police - Belen Reyna Police - Skip Eddings Police - Dawn Wendt Good Morning, Attached you'll find Ordinance No. 1170, adopted at the October 2nd Council meeting, amending multiple sections of Chapters 86 and 90 of the Code of Ordinances. Please refer to this language as the most recent and correct. Also, make the necessary changes to your code book until the Ordinance gets supplemented to the Code. Should you have any questions, please contact me. Have a good day! Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 ORDINANCE NO. 1170 THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. 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 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 SPLIT/DE 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 III -DISTRICT 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 COMMERCIAL 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; 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 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. Ordinance No. 1170 - Page 1 of 7 Language to be added Is underlined. Language to be deleted is 044 -through. THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. 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 86-4. 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 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 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 forstreet 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 2: 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. Ll Submittal. The City shall consider a proposed lot split upon submittal of two copies of the following information: Ll 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. j21 Completed application form. 2 All applicable fees (See Appendix C. Schedule of Land Development Regulation Fees and Charges). 01 Owner's authorization (if applicable). j2. 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. A statement from the appropriate provider indicating if water and sanitary sewer service capacity is available to the property. i121 Standards. All lot split requests must conform to the following standards: (fl The division of land must not increase the number of lots to greater than two. 1_21 The property that is the subiect of the lot split shall be current in its ad valorem tax and other assessments due to the City and County. u Each of the newly created lots must meet or exceed all requirements of the zoning district in which the lot is located. M 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. Language to be added is underlined. Language to be deleted Is NawkJNreugb. Ordinance No. 1170 - Page 2 of 7 THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. (.5_1 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. &I 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. L71 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. a. 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. 121 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. Approval. lel 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). 21 If the submittal is incomplete, the applicant will be notified of the deficiencies for revision and resubmittal. ff 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. 21 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. Dill Actions subsequent to approval. Before a building permit may be issued, the applicant must: ,(11 Record the lot split in the official records of Okeechobee County; and 21 Provide proof of the lot split approval by the City Administrator. SECTION 3: 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 lots into one parcel or lot (hereinafter referred to as a "joinder"). u Submittal. The City shall consider a joinder upon submittal of two copies of the following information: fl 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. ( Completed application form. • All applicable fees (Appendix C. Schedule of Land Development Regulation Fees and Charges). Ordinance No. 1170 - Page 3 of 7 Language to be added is underlined. Language to be deleted Is st usk-th augh. THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. L1 Owner's authorization (if applicable). L1 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. U Completed Unity of Title form. 1121 Standards. All joinder requests must conform to the following standards: 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. (1 All lots or parcels (or portions thereof) shall be located within the same zoning district. (j Approval. L11 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). .L1 If the submittal is incomplete, the applicant will be notified of the deficiencies for revision and resubmittal. L1 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. f41 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. ,(1 Actions subsequent to approval. Before a building permit may be issued, the applicant must: u Record the Unity of Title in the official records of Okeechobee County: and 121 Provide proof of the joinder approval by the City administrator. SECTION 4: 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: (12) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. SECTION 5: 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 Regulations, Division 7 - Light 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: (3) Private club, nightclub, and bar. (15) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. Ordinance No.1170 - Page 4 of 7 Language to be added Is underlined. Language to be deleted is sbesk{beeugh. THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. SECTION 6: 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: (8) Private club, nightcluband bar. SECTION 7: 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, 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 above or behind the ground floor commercial use. SECTION 8: 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 9: 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, 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 addressed One -front is required to comply with the minimum depth requirements of the regulations of this article, ; ho second front yard All other front yards shall be not less than 75 percent of the required minimum depth. SECTION 10: 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 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: (2) Restaurant, nightclub, and bar. 1 per 75 square feet of floor area SECTION 11: 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: u 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. Ordinance No. 1170 - Page 5 of 7 Language to be added Is underlined. Language to be deleted Is sbsslNhreugh. THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. SECTION 12: 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 storage containers. _CD Temporary portable storage containers are allowed in single-family residential zoning districts subject to the following restrictions and limitations: Lal The principal use on the property must be a single-family residence. u The container must remain on the property no more than 15 days, including the day of delivery and removal. Lel The container must not exceed any of the following dimensions: 8 -feet in width, 16 -feet in length, and 8 -feet in height. 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, 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. fill 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. (j 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 subject to the following conditions: Lal The container must not encroach on sidewalks, rights-of-way, adjacent properties, or obstruct the view of motorists. ll The container may remain on the lot for the duration of construction authorized by an active building permit. Lc), The container must be removed within 30 -days of issuance of a certificate of occupancy or final inspection. jdZ The location of a container to be placed on a lot within a single-family zoning district must be approved by the Building Official and must not exceed any of the following dimensions: 10 -feet in width, 20 -feet in length, and 10 -feet in height. Lel The location and size of a container located in any zoning district other than a single-family district shall be determined during site plan review. i Storage of hazardous materials including flammable and biohazard substances in the container is prohibited. {al 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 u 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. Language to be added is underlined. Language to be deleted is struck-Igreagb. Ordinance No.1170 - Page 6 of 7 THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. SECTION 13: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 14: 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 15: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First reading and set for Final Public Hearing on this 18th day of September, 2018. Dowling R. Watford, r.; Mayor ATTST: Lane Gamiotea, CMC, ity Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 2nd day of October, 2018. Dowling R. Watford, Jr. , ayor ATT ST: ‘k, • / (Y)6( - Lane amiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFI IENCY: John R. Cook, City Attorney Ordinance No. 1170 - Page 7 of 7 Language to be added Is underlined. Lanauaae to be deleted is Nwek-tdreeah. Bobbie Jenkins From: Bobbie Jenkins Sent: Wednesday, October 17, 2018 11:07 AM To: Bill Brisson Cc: Lane Gamiotea; Patty Burnette Subject: Ordinance No. 1170 & 1175 Attachments: 1175 #18-002-TA.pdf; 1170 #18-001-TA.pdf; 2018-10-02 Reg CC.pdf; Amended 2018-09-18 Reg CC & Final Budget PH.pdf Tracking: Recipient Bill Brisson Lane Gamiotea Patty Burnette Read Read: 10/17/2018 11:31 AM Bill — for your records, I have attached a copy of Ordinance No. 1170 and No. 1175. The minutes pertaining to Ordinance No. 1170 are attached as well (9/18 & 10/2). Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Lane Gamiotea From: Patty Burnette Sent: Monday, June 18, 2018 8:57 AM To: Lane Gamiotea; Bobbie Jenkins Subject: FW: Revised ordinance for LPA PH on July 19th Attachments: REV draft Ord_LDR chgs, lot split, and water -sewer hookup.docx Lane and Bobbie. Attached is a DRAFT Ordinance of the proposed Amendment changes for the July 19, 2018 Planning Board Meeting (18 -001 -TA). I have reviewed this with Bill. There may be additional changes you need to make to the Ordinance as I am not as familiar with these as you both are (I did not delete header as knew there would probably be other changes you would make). Lane as we talked about, we will plan for the first reading for City Council to be on August 21, 2018 and not sure yet what the date for the final public hearing will be. Ben is going to attend this meeting as Bill will be on vacation. Please let me know if you have any questions. 6.SRaw-w, kr& of (Ld rPoLY- ( to Thanks Pa- M. iAt tc, general Coordinator City. of Okeechobee 55 Southeast 34 Avenue Okeechobee, ''L 34974 Ter: 863-763-3372 Direct: 863-763-9820 'Fax: 863-763-1686 e r�iaih yburnette@cityofokeechobee.com website: www.cityofoIeechobee.com PIS gilds Puiottsh I I P- COI - `A- oflc p)0-atft 're - L-B3a. PvrtuigttNACk -t-ollowu-it6CmA) sf2d-iut, 4) )ortLici:,gig %,31 poiJk- t-ft- PpmeNib x bow ,— amu- Dom. NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this 1 _ office. Instead, contact our office by phone or in writing. Clhd l From: Bill Brisson[maiito:bill(eplaruepIanninq.corn] Sent: Friday, June 15, 2018 11:52 AM To: Patty Burnette Subject: Revised ordinance for LPA PH on July 19th Patty, Revised ordinance is attached. By the way, I just noticed that you will probably want to delete the header before giving it to Lane. Thanks for going over this. Cali if anything eise comes up. 13111 Wvv. F. Brisson, AICP Senior Plavver La Kue planning 1 575 Jackson 5t #2o6; tort MJers, rt. 55901 259-55+-5566 bili laruepIanning.com Direct Live: 239 -204-52.83 2 DRAFT, Per LPA Work Sesslori. 2-15-18 ORDINANCE NO. 11XX AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING 117 FOR: A ----AMENDMENTS TO PART H CODE OF ORDINANCES, SUBPART B, LAND DEVELOPMENT REGULATIONS, CHAPTER 78 DEVELOPMENT STANDARDS, ARTICLE III, UTILITIES, BY ADDING A NEW SECTION 78-73, 0 d 1.1.:'L.0 C-hC ri.S ENTITLED MANDATORY WATER AND ,SEWER HQU K=l7P. AND B—AMENDMENTS TO PART II CODE OF ORDINANCES, SUBPART B, LAND DEVELOPMENT REGULATIONS, PROVIDING FOR AMENDMENTS TO -cSUB , ARTICLE 1, IN GENERAL, SPECIFICALLY: SECTION 86.4, DEFINITIONS, BY ADDING DEFINITIONS FOR LOT SPLIT/DE MINIMUS SUBDIVISION AND JOINDER OF A LO UNDER ARTICLE II, PLANS AND PLATS, ADDING A NEW DIVISION 3= ENTITLED SIMPLE LOT— SPLIT/DE MINIMUS SUBDIVISIONS; ADDING A NEW SECTION 86-90, PROCEDURE FOR APPLICATION SUBMISSION AND APPROVAL OF A SIMPLE LOT SPLIT/DE MINIMUS SUBDIVISION; UNDER ARTICLE II, PLANS AND PLATS, ADDING A NEW DIVISION 4 ENTITLED JOINDER OF LOTS; ADDING A NEW SECTION 86-91, PR CEDURE FOR APPLICATION SUBMISSION AND APPROVAL OF A JOIND R OF LOTS. (\q-) SUIrtivIStc-to AND C—AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY: SECTION 90-223 BY ADDING A PROVISION TO ALLOW ONE DWELLING UNIT PER COMMERICAL BUILDING, WITH CONDITIONS, TO THE LIST OF SPECIAL EXCEPTION USES IN THE CPO DISTRICT; SECTIONS 90-253, 90-283, AND 90-313 BY ADDING A CONDITION TO THE SPECIAL EXCEPTION ALLOWING ONE DWELLING UNIT PER COMMERCIAL BUILDING IN THE LIGHT COMMERCIAL (CLT) DISTRICT, HEAVY COMMERCIAL (CHV) DISTRICT, AND CENTRAL BUSINESS (CBD) DISTRICT, RESPECTIVELY; SECTION 90- 253 BY ADDING BAR TO ITEM (3) IN THE LIST OF SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL (CLT) DISTRICT; SECTION 90-282 BY ADDING BAR TO ITEM (8) IN THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL (CHV) DISTRICT; SECTION 90-253 ADD ARTICLE IV Language to be added is underlined Language to be deleted is struck -through Ordinance No. 11XX Page 1 of 13 V r Wcr :3ESs ofl. 2-15-18 SUPPLEMENTARY DISTRICT REGULATIONS, SPECIFICALLY: SECTION 90- 447 BY IDENTIFYING THAT THE YARD UPON WHICH THE PROPERTY IS ADDRESSED IS AS THE PRIMARY FRONT YARD; DIVISION 3, OFF-STREET PARKING AND LOADING,SECTION 90-512, SPACE REGULATIONS; BY ADDING BAR TO THE LIST OF USES REQUIRING ONE PARKING SPACE PER 75 SQUARE FEET OF FLOOR AREA; ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 7, ACCESSORY USES, SECTION 90- 632 BY ADDING A NEW SUBSECTION (E) REQUIRING THAT STRUCTURES OR CONTAINERS USED FOR STORAGE BE TREATED AS AN ACCESSORY STRUCTURE, ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9, SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS, BY ADDING A NEW SECTION 90-705, TEMPORARY PORTABLE STORAGE CONTAINERS, AND SETTING FORTH THE RESTRICTIONS AND LIMITATIONS UPON THEIR PLACEMENT IN SINGLE- FAMILY RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 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, Staff and Planning Board for the City of Okeechobee, Florida have recently reviewed the Code of Ordinances and Land Development Regulations to determine areas of improvement; has discussed same at public meetings; and has recommended certain changes, amendments or modifications to the code to present to the City Council for ordinance adoption; and 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: Language to be added is underlined Language to be deleted is stru-c-k-th-rough Ordinance No. 11XX Page 2 of 13 DRAFT. PE -3• s LPA Work Session 2 - Section 1. 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, by adding a new Section 78-73, as follows: Sec. 78.73. Mandatory hook-up. (a) All new development and redevelopment (redevelopment being defined as the action or process of developing something again or differently) within the City of Okeechobee shall be required to connect to the public potable water and sanitary sewer systems in the following manner: (1) Where water and/or sanitary sewer service lines are in place immediately adjoining the property and service is available as per state statute, the property shall be required to connect to the systems) 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. 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 1, In General, specifically: Section 86.4, Definitions, by adding definitions for lot split/de minimus subdivision and joinder of a lot; Lot split/de minimis subdivision means a division or reconfiguration of land, whether improved or unimproved, into not mare 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 est.blishment 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). Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 3 of 13 DRAFT, Per `session, 2-15-18 Section 3. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart A, General Ordinances; providing for amendments to Chapter 86 SUBDIVISIONS, ARTICLE 1, In General, by adding a new Division 3 entitled Simple lot split/De minimus subdivisions and a new Section 86-90; Procedure for application submission and approval of a simple lot split/de minimus subdivision, as follows: (a) Submittal. The city shall consider a proposed lot split upon submittal of (2) copies of the following information: (1) A cover letter describing the project, identifying the project contact person(s) and any other information relevant for City's staff review. If the applicant is other than the legal owner, the applicant's interest shall be indicated and the legal owner's authority to apply shall be included in a certified legal form. (2) Completed application form. (3) All applicable fees (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; Language to be added is underlined Language to be deleted is Ordinance No. 11XX Page 4 of 13 DRAFT, Per LPA Work Session, 2 5-18 (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 (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 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. 86-90(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 Language to be added is underlined Language to be deleted is s- r crk throunh Ordinance No. 11XX Page 5 of 13 the applicant accordingly. If not, he may approve the lot split with conditions, or disapprove the lot split, and notify the applicant accordingly. (d) Actions subsequent to approval. Before a building permit may be issued, the applicant must: (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. Section 4. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart A, General Ordinances; providing for amendments to Chapter 86 SUBDIVISIONS, ARTICLE 1, In General, by adding a new Division 4 entitled Procedure for application submission and approval of a Joinder of lots, as follows: 86-91, Procedure for application submission and approval to combine multiple lots into one parcel or lot (hereinafter referred to as a "joinder"). (a) Submittal. The city shall consider a joinder upon submittal of (2) copies of the following information: (1) A cover letter describing the project, 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 Language to be added is underlined Language to be deleted is strusa-through Ordinance No. 11XX Page 6 of 13 shall accompany the application; and a metes and bounds description shall accompany each description. (6) Completed Unity of Title form. (b) Standards. All joinder requests must conform to the following standards: (1) The properties that are the subject of the joinder shall be current in their respective ad valorem tax and other assessments due to the City and County; (2) All lots or parcels (or portions thereof) shall be located within the same zoning district. (c) Approval. (1) The city administrator, or his designee, shall review the joinder application and, with input as needed from the city's planning consultant and other members of the Technical Review Committee (TRC), determine if the application meets the submittal requirements of 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. Language to be added is underlined Language to be deleted is struck througM Ordinance No. 11XX Page 7 of 13 DRAT, Per t. F' Work Session 2-15-18 The following items must be part of the LPA recommendation to the City Council, but will not be incorporated into the Ordinance because they will be adopted by resolution. 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. Section 5. 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 by adding a provision to allow one dwelling unit per commercial building, with conditions, to the list of Special exception uses, as follows: (12) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. Section 6. 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 7 -Light Commercial District, Section 90-253 Special exception uses to expand the list of uses in subsection (3) to include bar, as follows: (3) Private club, nightclub, and bar. Section 7. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III -District Regulations, Division 7 -Light Commercial District, Section 90-253 Special exception uses, to modify subsection (15) to read as follows: (15) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. Section 8. Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 8 of 13 DRAFT, Per LPA Work Session, 2-15-18 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 90-283 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 above or behind the ground floor commercial use. Section 9. 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 10 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 Special exception uses to expand the list of uses in subsection (8) to include bar, as follows: (8) Private club, nightclub, and bar. Section 11. 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 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 addressed One front yard is required to comply with the Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 9 of 13 DRAFT, Per L. vVc;rK Session, 2-15-18 minimum depth requirements of the regulations of this article. Tho -second front yard All other front yards shall be not less than 75% of the required minimum depth. Section 12. 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 3 Off -Street Parking and Loading, Section 90-512 by adding bar to subsection (2), the parking requirement for commercial uses, to read as follows: Restaurant, nightclub, and bar. 1 per 75 square feet of floor area Section 13. 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 by adding a new subsection (e) as follows: (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 placed as an accessory structure in a manner consistent with the requirements of the Florida Building Code. Section 14 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, Temporary portable storage containers, as follows: §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: eight feet in width, 16 feet in length, and eight feet in height. Language to be added is underlined Language to be deleted is strur4 thro -gh Ordinance No. 11XX Page 10 of 13 DRAFT, Per LPA Work Sess' on 7-15-18 d. The maximum number of times a container may be delivered to a site is three times per calendar year. e. t 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. 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. 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. e. Storage of hazardous materials including flammable and biohazard substances in 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 Language to be added is underlined Language to be deleted is struck -through Ordinance No. 11XX Page 11 of 13 DRAFT. Per essior;. 2-15-18 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. 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. Dowling Watford, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2018 Dowling Watford, Mayor ATTEST: Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 12 of 13 DRAFT. Per LPA Work Session, 2-15-18 Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struck -through Ordinance No. 11XX Page 13 of 13 Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Wednesday, June 06, 2018 3:00 PM To: Patty Burnette Subject: My memos to you dated Feb 26 and Feb 28, 2018 re: Lots splits/joinders and 7 other LR changes Attachments: Mem2Patty re_7 prop LDR chgs per PB mtg 2-15-18.docx; Memo2Patty re_lot splits & lot joinders, per PB 2-15-18.docx Patty, The attached memos are slightly different from the ones I sent on February 28th. I have since added the references to where each items is located in the proposed Ordinance and changed the date to today so things don't look weird. Speak with you later, thanks. Wm. F. Brisson, AICP Senior Planner �aKue planning 1 575 Jackson 5t # Zo6, tort Myers; rL 5590 259-55+--5566 bill@larueplarminR.com Direct Livte: 239-204-5283 1 Patty Burnette From: Patty Burnette Sent: Tuesday, June 05, 2018 3:50 PM To: bill@larueplanning.com Subject: Site Plan Review application Good Afternoon Bill. l received a Site Plan Review application (18 -002 -TRC) today for the Checker's Restaurant. I have placed a packet for you at your seat for tonight's City Council Meeting. Should the review be complete, (please let me know by June 26th), it would be for the July 19, 2018 TRC Meeting. This was the only application received for TRC. I did not receive any petitions or applications for PB/BOA. Since the Amendment changes that were discussed at the February Planning Board Workshop have not been done yet, we can do them for the July 19th Planning Board Meeting. Would be No. 18 -001 -TA. Should you have any questions, just let me know. Patty Patty M. tMe1 ' generaC Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, 'FL 34974 Teh 863-763-3372 Direct: 863-763-9820 'Fax: 863-763-1686 e-mai6 y6urnette@cityofoIeecho6ee.com -website: www.cityofokeecho6ee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 r Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Friday, May 25, 2018 5:10 AM To: Lane Gamiotea Cc: Bobbie Jenkins; Patty Burnette Subject: Ordinance and ad for LPA Public Hearing Attachments: Draft Ord_LDR chgs, lot split, mand water -sewer hookup.docx Good morning Lane, Attached is a draft ordinance for consideration by the Planning Board at a public hearing at its next meeting. I have also prepared a summary of the items to be discussed at the meeting that you might be able to use in preparing the ad. If this material reaches you in time for preparation of the ad, without causing you too much stress because of the short time line, such that the public hearing may be held on June 21st, just let me know. Otherwise, as we discussed, we can postpone the public hearing and will already have the summary ready to be included in the ad. DRAFT SUMMARY FOR AD COVERING THE ITEMS TO BE DISCUSSED AT THE PUBLIC HEARING The Planning Board, sitting as the Local Planning Agency (LPA) will hold a public hearing at 6:00 PM on June 21st at City Hall. The issues to be discussed include amendments to the following sections of the City's Code of Ordinances: Chapter 78, Development Standards: to require mandatory connection to water and sewer service when available. Chapter 86, Subdivisions: by adding definitions, and procedures for application and approval of a lot split and the joining of multiple lots into one lot Chapter 90, Zoning: Allowing one dwelling unit per commercial building as a Special exception on a lot in the CPO, CLT, CHV and CBD Districts; adding Bar to the list of permitted uses in the CHV District and identifying the parking requirement therefore; identifying that the yard upon which a property is addressed is the primary front yard; requiring that structures or containers used for storage be considered accessory structures; adding regulations for the location of temporary portable storage containers in single-family residential zoning districts; Appendices: . Added Application form (#18) and fee ($250) for a lot split, to be included in Appendices B and C of the Code of Ordinances, respectively. Sorry for the confusion and inconvenience. Bill W wt. F. Brisson, AICP Senior Planner Lakuc planning 1 575 Jackson St #206, or MJers, ��_ )590 I 1 ORDINANCE NO. 11XX AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR: A—AMENDMENTS TO PART II CODE OF ORDINANCES, SUBPART A, GENERAL ORDINANCES, CHAPTER 78 DEVELOPMENT STANDARDS, BY ADDING A NEW SECTION 78-73, ENTITLED MANDATORY WATER AND SEWER HOOK-UP. AND B—AMENDMENTS TO PART II CODE OF ORDINANCES, SUBPART A, GENERAL ORDINANCES; PROVIDING FOR AMENDMENTS TO CHAPTER 86 SUBDIVISIONS, ARTICLE 1, IN GENERAL, SPECIFICALLY: SECTION 86.4, DEFINITIONS, BY ADDING DEFINITIONS FOR LOT SPLIT/DE MINIMUS SUBDIVISION AND JOINDER OF A LOT; ADDING A NEW DIVISION 3 ENTITLED SIMPLE LOT SPLIT/DE MINIMUS SUBDIVISIONS; ADDING A NEW SECTION 86.90, PROCEDURE FOR APPLICATION SUBMISSION AND APPROVAL OF A SIMPLE LOT SPLIT/DE MINIMUS SUBDIVISION; ADDING A NEW DIVISION 4 ENTITLED JOINDER OF LOTS; ADDING A NEW SECTION 86-100, PROCEDURE FOR APPLICATION SUBMISSION AND APPROVAL OF A JOINDER OF LOTS. AND C—AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY: SECTION 90-223 BY ADDING A PROVISION TO ALLOW ONE DWELLING UNIT PER COMMERICAL BUILDING, WITH CONDITIONS, TO THE LIST OF SPECIAL EXCEPTION USES IN THE CPO DISTRICT; SECTIONS 90-253, 90-283, AND 90-313 BY ADDING A CONDITION TO THE SPECIAL EXCEPTION ALLOWING ONE DWELLING UNIT PER COMMERCIAL BUILDING IN THE LIGHT COMMERCIAL(CLT) DISTRICT, HEAVY COMMERCIAL (CHV) DISTRICT, AND CENTRAL BUSINESS (CBD) DISTRICT, RESPECTIVELY; SECTION 90- 282 BY ADDING BAR TO ITEM (8) IN THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL (CHV) DISTRICT; ARTICLE IV SUPPLEMENTARY DISTRICT REGULATIONS, SPECIFICALLY: SECTION 90- 447 BY IDENTIFYING THAT THE YARD UPON WHICH THE PROPERTY IS ADDRESSED IS AS THE PRIMARY FRONT YARD; Language to be added is underlined Language to be deleted is struck throtgh Ordinance No. 11XX Page 1 of 13 S \Nork _.t:;5sIo , 2- 1 5- 3 DIVISION 3, OFF-STREET PARKING AND LOADING,SECTION 90-512 BY ADDING BAR TO THE LIST OF USES REQUIRING ONE PARKING SPACE PER 75 SQUARE FEET OF FLOOR AREA; DIVISION 7, ACCESSORY USES, SECTION 90-632 BY ADDING A NEW SUBSECTION (E) REQUIRING THAT STRUCTURES OR CONTAINERS USED FOR STORAGE BE TREATED AS AN ACCESSORY STRUCTURE; DIVISION 9, SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS, BY ADDING A NEW SECTION 90- 705, TEMPORARY PORTABLE STORAGE CONTAINERS, AND SETTING FORTH THE RESTRICTIONS AND LIMITATIONS UPON THEIR PLACEMENT IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 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, Staff and Planning Board for the City of Okeechobee, Florida have recently reviewed the Code of Ordinances and Land Development Regulations to determine areas of improvement; has discussed same at public meetings; and has recommended certain changes, amendments or modifications to the code to present to the City Council for ordinance adoption; and 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: Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 2 of 13 Section 1. That the City Council for the City of Okeechobee, Florida amends herein Part II Code of Ordinances, Subpart A, General Ordinances, Chapter 78 Development Standards, by adding a new Section 78-73, as follows: Sec. 78.73. Mandatory hook-up. Laj 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. Section 2. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart A, General Ordinances; providing for amendments to Chapter 86 Subdivisions, Article 1, In General, specifically: Section 86.4, Definitions, by adding definitions for lot split/de minimus subdivision and joinder of a lot; 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 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). Language to be added is underlined Language to be deleted is struck -through Ordinance No. 11XX Page 3 of 13 Section 3. That the City Council for the City of Okeechobee, Florida amends herein Part Il of the Code of Ordinances, Subpart A, General Ordinances; providing for amendments to Chapter 86 SUBDIVISIONS, ARTICLE 1, In General, by adding a new Division 3 entitled Simple lot split/De minimus subdivisions and a new Section 86-90. Procedure for application submission and approval of a simple lot split/de minimus subdivision, as follows: ((a) Submittal. The city shall consider a proposed lot split upon submittal of (2) copies of the following information: (1) A cover letter describing the project, identifying the project contact person(s) and any other information relevant for City's staff review. If the applicant is other than the legal owner, the applicant's interest shall be indicated and the legal owner's authority to apply shall be included in a certified legal form. (2) Completed application form. (3) All applicable fees (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; Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 4 of 13 (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 (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 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. 86-90(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 Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 5 of 13 the applicant accordingly. If not, he may approve the lot split with conditions, or disapprove the lot split, and notify the applicant accordingly. (d) Actions subsequent to approval. Before a building permit may be issued, the applicant must: (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. Section 4. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart A, General Ordinances; providing for amendments to Chapter 86 SUBDIVISIONS, ARTICLE 1, In General, by adding a new Division 4 entitled Procedure for application submission and approval of a Joinder of lots, as follows: 86-91, Procedure for application submission and approval to combine multiple lots into one parcel or lot (hereinafter referred to as a "joinder"). (a) Submittal. The city shall consider a joinder upon submittal of (2) copies of the following information: (1) A cover letter describing the project, 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 Language to be added is underlined Language to be deleted is struck-thcaush Ordinance No. 11XX Page 6 of 13 shall accompany the application; and a metes and bounds description shall accompany each description. (6) Completed Unity of Title form. (b) Standards. All joinder requests must conform to the following standards: (1) The properties that are the subject of the joinder shall be current in their respective ad valorem tax and other assessments due to the City and County; (2) All lots or parcels (or portions thereof) shall be located within the same zoning district. (c) Approval. (1) The city administrator, or his designee, shall review the joinder application and, with input as needed from the city's planning consultant and other members of the Technical Review Committee (TRC), determine if the application meets the submittal requirements of 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. Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 7 of 13 The following items must be part of the LPA recommendation to the City Council, but will not be incorporated into the Ordinance because they will be adopted by resolution. 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. Section 5. 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 by adding a provision to allow one dwelling unit per commercial building, with conditions, to the list of Special exception uses, as follows: (12) One dwelling unit per commercial building, provided that the dwelling unit located either above or behind the ground floor commercial use. Section 6. 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 7 -Light Commercial District, Section 90-253 Special exception uses to expand the list of uses in subsection (3) to include bar, as follows: (3) Private club, nightclub, and bar. Section 7. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III -District Regulations, Division 7 -Light Commercial District, Section 90-253 Special exception uses, to modify subsection (15) to read as follows: (15) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. Section 8. Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 8 of 13 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 90-283 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 above or behind the ground floor commercial use. Section 9. 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 10 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 Special exception uses to expand the list of uses in subsection (8) to include bar, as follows: (3) Private club, nightclub, and bar. Section 11. 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 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 addressed One front yard is required to comply with the minimum depth requirements of the regulations of this article. The second Language to be added is underlined Language to be deleted is struck thraug-1 Ordinance No. 11XX Page 9 of 13 front yard All other front yards shall be not less than 75% of the required minimum depth. Section 12. 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 3 Off -Street Parking and Loading. Section 90-512 by adding bar to subsection (2), the parking requirement for commercial uses, to read as follows: Restaurant, nightclub, and bar. 1 per 75 square feet of floor area Section 13. 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 by adding a new subsection (e) as follows: 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 placed as an accessory structure in a manner consistent with the requirements of the Florida Building Code. Section 14 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, Temporary portable storage containers, as follows: §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. d. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. e. The maximum number of times a container may be delivered to a Language to be added is underlined Language to be deleted is strucl� thr ugh Ordinance No. 11XX Page 10 of 13 site is three times per calendar year. f. At least 30 days must elapse between placements of a container on a property. g The container must be placed only on a driveway or in the side or rear yard. h. When placed on the driveway within the front setback area the container must be located so that pedestrian and vehicular traffic is not obstructed and so that the view of an operator of a motor vehicle entering or exiting a right-of-way is not obstructed. i. 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. L In the event the City of Okeechobee is declared to be within the area of a hurricane watch the container must be removed within 24 hours of the issuance of the watch or tied down in a manner sufficient to withstand 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: eight feet in width, 16 feet in length, and eight feet in height. e. Storage of hazardous materials including flammable and biohazard substances in 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 Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 11 of 13 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. Section 15 Conflict. Aii 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. Dowling Watford, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2018 Dowling Watford, Mayor ATTEST: Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 12 of 13 Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struck through Ordinance No. 11XX Page 13 of 13 Patty Burnette From: Patty Burnette Sent: Thursday, May 24, 2018 10:45 AM To: Lane Gamiotea; Bobbie Jenkins (bjenkins@cityofokeechobee.com) Subject: FW: June 21st Meetings Tracking: Recipient Lane Gamiotea Bobbie Jenkins (bjenkins@cityofokeechobee.com) Bobbie Jenkins Read Read: 5/24/2018 12:09 PM Read: 5/24/2018 10:53 AM Correction: There will be NO Planning Board Meeting now for June 21st. Thank you. 7a-ty M. 6 u-rrv*„vf te, general Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, ''L 34974 Tei? 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail: y6urnette@cityofokeechotee.com -website: -www.cityofofeecho6ee.corn NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Patty Burnette Sent: Tuesday, May 15, 2018 10:08 AM To: Bobbie Jenkins (bjenkins@cityofokeechobee.com); Lane Gamiotea Subject: June 21st Meetings 1 Bobbie and Lane. No TRC Meeting but there will be a Planning Board Meeting Thank you. Patty M. 13vrwe-f ' general Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 Tel: 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail yburnette@cityofokeechoLee.com website: www.cityofokeechoiee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 Patty Burnette 5/a4+ -Spoke w EaL w Line. Lobc.vi (.Q He also 3p Sin - L �o pAxpcuLe From: Patty Burnette -64m -For Lvt'j!- (A lt Sent: Thursday, May 24, 2018 9:05 AM (to j Q/1.d'�nC �'� To: 'Bill Brisson' a. _sit '+ q [i: -Cb - Subject: RE: June 21st Planning Board Meeting \51,W, Good Morning. s& ILL -1-7 crr<-' — Spoke with Lane late yesterday and this LDR Amendment will need to be advertised on June 3rd. It will need to be ready and sent to the newspaper on May 31st because of the holiday so they need it to work on before then. So saying all that if possible will need the information today or latest tomorrow. I will not be here tomorrow or Tuesday. Would like to do all of these changes as one Ordinance and one Resolution for the changes to the forms and fees. Since this will be our first one this year will use No. 18 -001 -TA. If you have any questions, just let me know. Pt, Soo'et w -e eve Thanks. Y1,u Paffty M. 6wrfrve e, enera(Services Coordinator City of Okeechobee 55 Southeast 3rd ilvenue Okeechobee, EL 34974 `:deb 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail: yburnette@cityofokeechobee.com -website: www.cityofokeechiobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Bill Brisson[mailto:bill@alarueplanning.com] Sent: Wednesday, May 23, 2018 3:04 PM 1 To: Patty Burnette Subject: RE: June 21st Planning Board Meeting Yes, will be working on the package tomorrow. Thanks. 131ii Wwt. F. 13rissov., AICP Senior Planner LaRue planning 1375 Jackson 5t #206, tort M9crs, L. 3390 i 239-33+-3366 bill@larucplanning.com Direct Line: 239 -204-5283 From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Wednesday, May 23, 2018 2:12 PM To: bill@larueplanning.com Subject: June 21st Planning Board Meeting Hi Bill. Just checking with you to confirm that you are going to be presenting to the Board the Lot split/de minimis and combination of lots as well as the 7 other various amendments that were discussed at the Workshop Meeting in February at the June 21st Meeting? I am needing to know so that I can let Lane know for advertising purposes. Thank you. Patty M. 6wrvte>fte✓ Cj. eneraCServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 Tei: 863-763-3372 Direct: 863-763-9820 2 Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Tuesday, January 16, 2018 8:37 AM To: Patty Burnette Cc: 'Gloria Pellito' Subject: Materials for PB February Work Session Attachments: Memo2PB re_7 LDR changes, 1-15-18.docx; Memo2PB re_lot splits & lot joinders, 1-15-18.docx Good morning Patty, Attached are the two Memoranda for the February PB Work Session Please call if you have any questions or corrections. 13I(( Wm.. F. Brisson, AICP Senior Planner Kue planning i 375 Jackson St #206, tort M jcrs, rL 55901 Z39-33+-3366 bill@larueplanning.com Direct Livte: 239 -204-5283 1 Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Thursday, August 10, 2017 11:57 AM To: Marcos Montes De Oca Cc: Patty Burnette; Robin Brock; 'Gloria Pellito' Subject: Proposed changes to the Land Development Regulations Attachments: MEM2Marcos, LDR issues 1-7.docx Marcos, The attached memo contains seven proposed changes to the LDRs. These were discussed with the previous City Administrator, but it had never been determined if they should go straight to the Planning Board, or if the City Council should look at them first and decide if they were worth pursuing. I am always hesitant to take issues before the Planning Board before the City Council has at least been exposed the proposals at a work session. It is always possible that the Council may not at all be interested in pursuing certain proposals. Each of the issues was identified by the Staff as the resuit of an inquiry by a property owner, or because Staff felt the current provision to be unclear or inadequate. I look forward to your comments and direction. 131 1( W. F. 13rissovt, AICP Senior Planner �akuc planning 1 375 Jackson 5t #206, fort (M/jycrs, FL, 3390 239-33--5366 hill@larucplannino.com Direct Livte: 239-204-5283 1 Memorandum To: Marcos Montes De Oca, City Administrator CC: Patty Burnette, General Services Coordinator CC: Robin Brock, Executive Asst. From: Bill Brisson, AICP Sr. Planner, Larue Planning Date: August 9, 2017 Subject: Possible FLUM changes 300 NW 4th Street and vicinity Over the past few years we have gathered auite a few items that we believe should be consi- dered to address a variety of issues and situations that have arisen. Some were identified by City Staff because of inquiries by property owners or other interested parties, and others we have identified during of our continuing planning efforts. I have prepared this memorandum for your review to determine which items you feel we can take directly to the Planning Board and which should probably be reviewed by the City Council in a work session to receive direction as to whether or not they should be pursued. Our introductory comments or other notations are shown in Arial typeface. Existing and pro- posed LDR text are shown in standard Times Roman typeface. As usual, we identify language to be deleted in strikeout format and new language is underlined. Where we have proposed to relocate text from an existing section of the LDRs to another or have questions, we have highlighted the notation. 1. Where do "manufactured steel containers" intended to be used for permanent storage fit in? 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. 66-1t used for storage as an accessory to a residential use must be anchored to the ground in a manner consistent with the requirements of the Florida Building Code. 2. Add a new supplementary use regulation, §90-703, for Temporary portable storage containers, to read as follows: providing planning and management solutions for local governments 1575 Jackson Street, Suite 206 Fort MNers, r.[_ 5590 I 259-554-5566 www.larueplanning.com §90-703, Temporary portable storage containers LU 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. d. The container must not exceed any of the following dimensions: eight feet in width, 16 feet in length, and eight feet in height. e. The maximum number of times a container may be delivered to a site is three times per calendar year. f. At least 30 days must elapse between placements of a container on a property. g_ The container must be placed only on a driveway or in the side or rear yard. h. When placed on the driveway within the front setback area the container must be located so that pedestrian and vehicular traffic is not obstructed and so that the view of an operator of a motor vehicle entering or exiting a right-of-way is not obstructed. i. In the case of a city-wide declaration establishing civil emergency condi- tions, the container may remain on a site for the length of time of the civil emergency established pursuant to §??? of the Okeechobee Code of Ordinances, but in no event longer than 60 days from the termination date of the emergency. [NOTE: Couldn't find a section re: civil ev►nergevtcy] 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 120 miles per hour. (2) Temporary potable storage containers used in connection with permitted con- struction 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 [_a}zue panning 2 section re: civil emergency] feet in width, 16 feet in length, and eight feet in height. e. Storage of hazardous materials including flammable and biohazard sub- stances in the container is prohibited. f. In the case of a city-wide declaration establishing civil emergency con- ditions, the container may remain on a site for the length of time of the civil emergency established pursuant to §??? of the Okeechobee Code of Ordinances, but in no event longer than the lesser of 60 days from the termination date of the emergency or 30 days after the issuance of a cer- tificate of occupancy or final inspection. [NOTE: Couldn't find a 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 120 miles per hour. 3. "Bar" as an allowable use Although there is a definition for the term "bar" and the term "bar" is included in the provisions of §90-698, it is not listed as a permitted or special exception use anywhere in the LDRs. We believe "bar" should be added wherever the term "nightclub" is used as a permitted use (CHV District) or a special exception use (CLT District) and in §90-512 where the parking requirement for such use is set forth. We recommend the following amendments: a. Amend §90-253 by adding bar to the list of special exception uses in the CLT District, to read as follows: (3) Private club, nightclub, and bar. b. Amend §90-282 by adding "bar" to the list of permitted uses in the CHV District, to read as follows: (8) Private club, nightclub, and bar. c. Amend §90-512 by adding bar to subsection (2), the parking requirement for commercial uses, to read as follows: Restaurant, nightclub, and bar. LaKt,' planning 3 4. CPO District — allow one residential unit per commercial building. The CLT, CHV and CBD Districts allow one dwelling unit per commercial building as a special exception use. The CPO District does not. It would appear to us that the CPO District would be a likely candidate for the same limited mixed-use as now allowed in the other two commercial districts. We recommend the following amendment: Amend §90-223 by adding a new subsection (11) to the list of special exception use in the CPO District to read as follows: (11) 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 (13) to read as follows: (13) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. Amend Sec. 90-283, subsection (17) to read as follows: (17) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. Amend Sec. 90-313, subsection (10) to read as follows: (10) One dwelling unit per commercial building, provided that the dwelling unit is attached to and located either above or behind the ground floor commercial use. 6. Yards on corner lots. Need to clarify the appropriate setbacks for principal and accessory structures on corner lots or other lots with multiple street frontages. We suggest that the required front yard setback be applied to that street frontage upon which the property is addressed and the secondary street setback(s) be applied to all other street frontages on a lot or parcel. Amend §90-447. Yards on corner lots, to read as follows: Any yard adjoining a street shall be considered a front yard. That yard upon which the property is addressed One front yard 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% of the required minimum depth. LaRue p I'ar}ni!r 4 7. Implementing language for mandatory sewer and water hook-up. OUA has been requesting this since about 2011 and Policies 1.7 and 1.8 of the Infra- structure Element of the Comprehensive Plan require mandatory hook-up to water and sewer facilities for new development and existing development under certain circum- stances. These provisions should be considered for incorporation into of the City's Code of Ordinances under Article III, Utilities to ensure that the provisions of the Comprehensive Plan are implemented. We recommend adding a new Section 78-73, Mandatory hook-up, to Article III, to read as follows: Sec. 78.73. Mandatory hook-up. (a) All new development and redevelopment within the City of Okeechobee shall be required to connect to the public potable water and sanitary sewer systems in the following manner: (1) Where water and/or sanitary sewer service lines are in place immediately adjoining the property and service is available, the property shall be required to connect to the system(s) and no development Hermit shall be approved until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. (2) Where reuse water service lines are in place immediately adjoining the property and service is available, the property shall be required to connect to the system(s) and no development permit shall be approved until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the system(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 in coordination with, OUA. (3) Q) All existing development within the City of Okeechobee shall be required to connect to the public potable water and sanitary sewer systems in the following manner: J) Where potable water and sanitary sewer service lines are in place and service is available immediately adjoining the property, any use not connected to such services shall be required, at the time of a change in ownership, to connect to the system(s). al No development permit shall be issued, or other required approval granted, until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. C aKu� planning 5 Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Thursday, May 25, 2017 4:22 PM To: Patty Burnette; Jeff Newell Cc: Marcos Montes De Oca; 'gloria larueplanning.com' Subject: Discussion piece re: lot split provisions Attachments: Thoughts re_lot split provisions.docx Good afternoon, Please see the attached file. It has my initial thoughts concerning a process and provisions for lot splits in the City that you brought up a short while back. Let me know your thoughts so that I can modify it as necessary. After we all are in agreement, we can take it to the Planning Board, at least at a work session. Have a great holiday weekend. 13 i,Uf Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc. Direct Line: 239-204-5283 General Office Phone: 239-334-3366 Pl2nning 5fanageanent 5cnices, fr, Wrtx.r'.Rfi.y ti,.toc:P F,,tMprz. 1 Wfb Draft, 5/25/2017 DISCUSSION PIECE ON LOT SPLITS/DE MINIMIS SUBDIVISIONS BACKGROUND Chapter 86 of the City's Code of Ordinances contains the provisions regulating subdivision of land within the City. The definition of "subdivision" follows: "Subdivision means the division of land into three or more lots, sites, or parcels, any one of which contains two acres or less in area, or, if a new street or easement for street purposes or the establishment or dedication of a highway, street, or alleys is involved, any division of a parcel of land. The term "subdivision" includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. The sale or exchange of small parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots shall not be considered a subdivision of land." [emphasis added] This definition does not address the division of land into two parcels which do not involve the need for a new street, alley or easement. In planning parlance, such a division of land is commonly referred to as a Of course, "simple lot split" or "de minimis subdivision" is still subject to the minimum lot size and frontage requirements of the zoning district in which the land is located; and, any development of such lots must also meet the setback and other development standards applicable in that zoning district. Unfortunately, however, without specific regulations and a process to address this type of subdivision of land, it can occur without the City's knowledge. This can result in lots that do not conform to minimum frontage, minimum land area, maximum lot or impervious coverage requirements. It can also result in the creation of landlocked lots, or lots with buildings or other structures the locations of which do not conform to the City's setback requirements. The Building Official has suggested that the City develop regulations addressing simple lot splits/de minimis subdivisions. In this regard, we offer the following analyses and suggestions: REVIEW OF OTHER COMMUNITIES' PROVISIONS 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 other Florida communities and have compiled 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 suggestions are provided as additions and/or changes to Chapter 86. 1 Wfb Draft, 5/25/2017 1 Add a definition for "lot split/de minimis subdivision" 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 dedication of a highway, street, or alley. Add a new DIVISION 3, SIMPLE 3. Add a new Section 86-90, under LOT SPLITS/DE MINIMIS SUBDIVISIONS 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 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) (4) (5) All applicable fees (Appendix C. Schedule of Land Development Regulation Fees and Charges). Owner's authorization (if applicable). 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 whether water and/or sanitary sewer service, capacity are available to the property. Others? (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; 3 Wfb Draft, 5/25/2017 (2) Each of the newly created lots must meet or exceed all requirements of the zoning district in which the lot is located; (3) 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; (4) 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; (5) If there are existing structures on the subject property, the lot split shall not cause any existing principal or accessory structures to become nonconforming in terms of required setbacks, intensity or density; (6) The proposed lot split must be consistent with surrounding lots. In deter- mining consistency and compatibility with surrounding lots, the city council may consider, among other things, whether the existing or platted lots have been divided; and whether the majority of existing or platted lots are comparable in size or configuration along the same street within 250 feet of the subject lot; ???? (7) 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; (8) 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 deficiencies for revision and resubmittal. (3) If the revised submittal is subsequently 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, approve the lot split with 4 Wfb Draft, 5/25/2017 conditions, or disapprove the lot split, and notify the applicant accordingly. NOTE: Altematively the lot split could be reviewed by the TRC (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. 5 13DEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, lorida, that the attached copy of advertisement being aNa C. -e. in the matter of c+% t• i NO1 — (j 1'7'` r�-''� CVdtiltC .9Oi. t Rli ctt/11 ' L S 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 Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of :_ )-'G' -tom c2 ( AD Notary Public, State of Florida at Large ./j/I'LL Lk 11 otj-eA ,r,:0;;4.,, ANGIE BRIDGES ; *?r ,a , *_ MY COMMISSION # FF 978149 ii ;,t _` % EXPIRES: Aped 20, 2020 tgf.0::. Bonded Thru Notary Public underwriters i inl,lia M'hkinloiLklu1thi NOTICE OF PROPOSED LAND DEVELOPMENT REGULATION TEXT AMENDMENTS PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on Tues, October 2, 2018, at 6:00 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider the Final Reading for adoption of the proposed Ordinance amending the Land Development Regulations as follows: No. 1170: 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 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 SPLIT/ DE 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 III -DISTRICT 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 COMMERCIAL 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. The proposed Amendment may be viewed on the website, cityofokeechobee.com, or at the Office of the City Clerk, during normal business hours, Mon -Fri, 8 AM - 4:30 PM, at the address above. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video, or items to the Council in support or opposition to any item on the agenda a copy of the document. picture. video. or item MUST be provided to the City Clerk for the • REESINEDEli U STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina EIsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County,;•JFlorida, that the attached copy of advertisement being a i i:i.431-LC N6 "1-i(.` in the matter of I i%.h in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of Tic �:�.t�;_J-• 1'`� AD .l Notary Public, State;Of Florida at Large ANGIE BRIDGES MYCOMMISSION #FF976149 �' ExPIRES:Apn120.2070 : E ;to. Bondod Thru Notary Public Underwritors Oke echdl ee News 107 SW 17t1i Sii-eet, Siiite ID Okeechobee Florida 34974., 863-743::3134 e p 1812018 NOTICE OF PROPOSED LAND D REGULATION TEXT' AMEN! PUBLIC NOTICE: the City Council of the City of Okeechobe 21, 2018, at 5:00 PM, or as soon thereafter possible, at Okeechobee, FL, conduct a Public Hearing to consider a Fii Public Hearing date for a proposed Ordinance amending the lations as follows: No. 1170: AN ORDINANCE OF THE CITY OF OKI AMENDING PART II OF THE. CODE OF ORDINANCE DEVELOPMENT REGULATIONS; PROVIDING FOR CHAPTER 78 -DEVELOPMENT STANDARDS, ARTICI ADDING A NEW SECTION 78-73 ENTITLED, MANI WASTEWATER CONNECTIONS; PROVIDING FOR AMEN 86 -SUBDIVISIONS, ARTICLE I -IN GENERAL, SECTIO ADDING DEFINITIONS FOR LOT SPLIT/DE MINIM!: JOINDER OF A LOT; AMENDING ARTICLE II -PLANS A NEW DIVISION 3 ENTITLED, SIMPLE LOT SPLIT/DE MII AND A NEW SECTION 86-90 ENTITLED, PROCEDUF SUBMISSION AND APPROVAL OF A SIMPLE LOl SUBDIVISION; ADDING A NEW DIVISION 4 ENTITLEI AND A NEW SECTION 86-91 ENTITLED, PROCEDUF SUBMISSION AND APPROVAL OF A JOINDER OF L( AMENDMENTS TO CHAPTER 90-ZONIING, ARTICL DISTRICT REGULATIONS, DIVISION 6 -COMMERCIAL OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPT PROVISION TO ALLOW ONE DWELLING UNIT PER CO WITH CONDITIONS; AMENDING DIVISION 7 -LIGHT CO SECTION 90-253 SPECIAL EXCEPTION USES, TO IN (3) PRIVATE AND NIGHT CLUB, AND ADDING A CON ONE DWELLING UNIT PER COMMERCIAL BUILDING; 8 -HEAVY COMMERCIAL DISTRICT, SECTION 90-28; TO INCLUDE BAR TO ITEM (8) PRIVATE AND NIGHT 90-283 SPECIAL EXCEPTION USES, ADDING A CONI ONE DWELLING UNIT PER COMMERCIAL BUILDING; 9 -CENTRAL BUSINESS DISTRICT, SECTION 90-313 USES, ADDING A CONDITION TO ITEM (10) ONE I COMMERCIAL BUILDING; AMENDING ARTICLE DISTRICT REGULATIONS, DIVISION 1 -GENERALLY, SE ON CORNER LOTS, BY IDENTIFYING THAT THE YAR PROPERTY IS ADDRESSED IS AS THE PRIMARY FRO DIVISION 3 -OFF-STREET PARKING AND LOADING, SE REGULATIONS, REQUIRING ONE PARKING SPACE PER FLOOR AREA; AMENDING DIVISION 7 -ACCESSORY USI SECTION 90-632 APPLICABLE REGULATIONS FOR 1 SUBSECTION (E) REQUIRING THAT STRUCTURES 01 FOR STORAGE BE TREATED AS AN ACCESSORY STF DIVISION 9 -SPECIAL EXCEPTION AND SUPPLEMENTA ADDING A NEW SECTION 90-705 ENTITLED, TEII STORAGE CONTAINERS, AND SETTING FORTH THE LIMITATIONS UPON THEIR PLACEMENT IN SINGLE -I ZONING DISTRICTS; PROVIDING FOR CONFLICT SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The oronosed Amendment may be viewed on the website. a FLORIDA JF OKEECHOBEE Le undersigned authority personally appeared Katrina on oath says she is the Publisher of the Okeechobee ee times a week Newspaper published at Okeechobee, Dbee County,;)Florida, that the the attached copy of nt being a t L�4`,`.0 Nc'SiLC :r of 1\1,--51-1C-)Z- C•-1 r a.1: V.-50- 1 ,Ck1,kj /1 T '17 -.KA I� A(k,' �L� l C'-. I Judicial District of the Circuit Court of Okeechobee Irida, was published in said newspaper in the issues of further says that the said Okeechobee News is a published at Okeechobee, in said Okeechobee County, d that said newspaper has heretofore been published ly in said Okeechobee County, Florida each week and ltered as second class mail matter at the post office in •e, in said Okeechobee County, Florida, for a period of :xt preceding the first publication of the attached copy ement, and affiant further says that she has neither •omised any person, firm or corporation any discount, nmission or refund for the purpose of securing this ent for publication in the said newspaper. - Katrina Elsken and subscribed before me this day of 1 l t-'�: •.t I !. J )lic, State,of Florida at Large .-- � Cit -Irl:, 7.. (1-,. AD ANGIE BRIDGES MY COMMISSION 9 FF 976 f 49 EXPIRES: April 20, 2021:1 Bondod Thru Notary Public Undor rilars NOTICE OF PROPO LD LAND DEVELOPMEN1 REGULATION TEXT AMENDMENTS PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on Toes, Augus 21, 2018, at 5:00 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave Okeechobee, FL, conduct a Public Hearing to consider a First Reading and set a Fina Public Hearing date for a proposed Ordinance amending the Land Development Regu. lations as follows: No. 1170: 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 Il -PLANS AND PLATS, ADDING A NEW DIVISION 3 ENTITLED, SIMPLE LOT SPLIT/DE 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 III -DISTRICT 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 COMMERCIAL 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. The proposed Amendment may be viewed on the website, cityofokeechobee.com, o at the Office of the City Clerk, during normal business hours, Mon -Fri, 8 AM -4:30 PM at the address above. ANY PERSON DECIDING TO APPEAL any decision made by the City Council witl respect to any matter considered at this meeting will need to ensure a verbatim recon of the proceeding is made and the record includes the testimony and evidence upor which the appeal will be based. In accordance with the Americans with Disabilities Ac (ADA), any person with a disability as defined by the ADA, that needs special accom modation to participate in this proceeding, contact the City Clerk's Office no later thar two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video, or items tc the Council in support or opposition to any item on the agenda a copy of the document picture, video, or item MUST be provided to the City Clerk for the City's records. Pi,hlichori hv• I arm r:amintoa rnnr- rift, Nadi kliDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, .7Florida, that the attached copy of advertisement being a L� '�)t( IN64- in the matter of -Ka-LI I iG\ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of "--; 11,ft/6101Si!Ijii/ Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid: nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this (/ 1117\ day of "73 - i=i (-2C) I AD Notary Public, tate of Florida at Large Q 1 C' cth J � ANGIE BRIDGES Ml! COMMISSION # FF 976149 EXPIRES: Aprtl 20, 2020 Bonded Thru Notary Penult Underwriters Okeechobee News 107 SW 17th Stteet, Suite D. Okeechobe0,16rida 34974 : 863-73134.: PUBLIC NorlcE LAND DEVELOPMENT REGULATION TDITAMENDMENT NOTICE IS HERON GIVEN that PUBLIC HEARING war be had berm the CtyofOkeechobee Planning Board, meangasthe Local Penning PGe cy e ltrns, 7uIy19, 7078, 6:00 PM, or as sxn thereafter as pancilL' at Oily Hal, 55SEa °Ave, Pm200,Okeechobee, H.,tomnskkraidm ereifrppuut[on anendng Sava B Lard amt rDevelopmentareas tR No. 180014A pit:poses to Code cfOrcinancEs OIAPIH2 78 DEVELOPMENT STANDARDS: Nide IB U. by adding a aMSedbn 78-73,etted Mandatory Water aid V +ebr Oxnedios. 0-VPIER 86 9.1B0IVISI0t5: Article Uri Gaul, a drip &Frijol5 for Lot Spit/De Mininis Srbdivamand Joker daLottoSeden86-4Defrden.Ar- Odell Plats and Data, add a new Div'sbn 3 ended Smpe LotSpit/De Minis Sulicivisbn acid a new Section 86-90 ended Rocedue Ambition Stir miaion and Appall of a Snipe Lot Split/De Pinin5 Srixtfori9on. Add a new Dtrben 4 ended binder forAppnS �dand ldd a new Sedion 86-91 eilladPmo re selofaJoiderofLcis au CHARIER W DA: Ante III Witt and District Regulators, DWiion 6 Conxnadal Pmfeniondl and Office District, artratdng Sedbn 90-223 byadd- ig torn (12) Ore Meting tl It pe. � ting wih !caplets,.to the tat d Special Ee 1iin.l�s. DFm�on 7 Light CcaTnan Semon 90253,aiandngthe SpedafF (11)Cnills,tan(3) Private db,c idnbto Muse lar;ada endrgten(15)cherdnangunipa=medalbig toiidude,providedthat iedmelrgurTklocated ether above or behind the aaadfloor m merdalLa.DMsen8Commercial Mitt, Saffin90 282 matin$, the Penni/ad lees, Fan (8) RMat db, rtht db to ixicle bar, and Soden 90-283, ...only the 5peml Euion Use, ten (17) Ore &el m atper =math buidng to hide, provided that ti the dvedrg urt 5 baled ether above or belied the grand Boa =menial w2 DNdon 9 Cenral Fulness District, Seddon 90313 arur5t"g� the Speml I ptba lies, tan (10)Ore d wdrg int per mmmerdal bung to id,a povired that the Ent lsbmtedether abcseorbehind the ground fixrcor m®I use Article N Suppementary District Regulator!, D"Mann 1 Garaaly, amend Section 90447 Yard; on Coma Loll, bythat the yard the property is adiess's lied. ikn»n e primary front lenParking and Lradg, aurally Sedbn 90-512 Spam Regulations by adding bar to the ist of to requiring one perking space per 75•suarefeet of fear area. DH@bn7Amessn rryylbesadthixba s,Sedbn90 ,aaddddrrpganawsubsxtton"(erralafdrg that stru es or =takersusedforstoragebeheatedasanameaorytine- bre. Div6bn 9 Special baoepton end Supplemental Use Reciulations, acting a new Sedb u 90706, acted Temporary Ratable Shrage C011171as, anal setting forth tie nstrictions and fmtltas of tint pieamt In t Sng e{tin 1.,yRsidental Zoning Districts. The proposed aI... amay be reviewed a to addn ss alma during regular �i ( M n-R8A1h430FM,ea>?{tforho&kysThepate ratbmi The Pfanig Goad wi due a recomn eu Mtbn on Mon Na 18001 -TA that wit be forvrartal to the ON Dowd for mnsidaaion a PrtEc Hearings to to eysfreied for 6:00 PM on Augat 21, 2018 and September4, 2018 ANYPERSON DECIDING TO APPEAL any dedsen made by the Planning Board win rasped to any raid considered atlfnh meeting we need to en- sue a verbatim record of the proceeding 5 made ad the nand hatch the tesanxry and eidence upon whim the appeal wl be basal. In a rtsc axe wih the Americans with Disabfaes AT (ADA), aypa wth a d®b&y as defrel by the ADA, that needs modal aoaninrn..tbn to panbdpale in this ,g8953- SSeervtrsMee nolaatanton btinessdays Rion, naming, BE ADVISED thatshorddyou Intend to sa wanydommert, prmre,vlieoor tars to the Fearing Board hs pportorappastbntoay tan onthe agaffi; asmpyd d mp wN,ortrrnmustbewtiadmtheBoad By: Dining AdM l Mortes De0o, Ration Na 18 -001 -TA IIIDEPENDENT NEWSMEDIA INC. USA Okeechobee, News 107 SW 17th Street, Suite D' Okeechobee, Florida 34974-'' 863-768`-3'134': 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 County() L N (1-*-ici in the matter of Ikk-Ui tl LA in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -7 (Q-C.IS 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 [A- day of L66, L O iAD Notary Public, Si<ate of Florida at Large ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Apd120,2020 '4e9,'„t°P Bonded Titre Notary Public Underwriters PUBLIC NOTICE CITY PLANNING BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Pfennig Board wi mrrist a mateyan r3 7uL 19, 201.8, 6 PM, oras soon thereafterasposable,atQy 555E3rdAve,Rm200,Okcedtbo,R_As the LootFlamigAgaxy,the Board rmyconsider offering aremrn- merrd3fbn an any proposed nary herb to the airat lard Daeloprret RegulabossbrrriW by ClyS a M rrbers,aoTlms: ThepubkkYivbsrland eneauagedtoWend. The agenda rrr� • beohlteha7 fran rLd.reechobee.ccm or byming the areal Saviors (lth 95-78- 3372 ANY PERSON DEMINGTOAPPEAL arry (Salt n made by the F8/130A with impact toany media -considered atthis meet g WI real to erase aver- batfm record of the proesei g 5 ma¢ and the mord tildes thetesiriy end ehdaroe prppmm which the appeal vri be basai In madame wth the MratmswihDKab Pd( ),aym.wtha as&iredby LAR aamrmr Sc Athat needs speral o to patldpe In Sc pIxeecing, contact the General Saviss Oflke ro later than two bushes days prig to pro:earn% 863-763-3372. BE ADVISED that mould you tte d to strew any ctama'4 pkTise, video or Lens to the POD insupped aappaskimtoany l>anonthe agenda, a copy oft vtlm,oLem mstbepwiimtothe Brad lay for the Cly's IECCII1S. %661 11m "ooxr 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� in the matter of \1\16- f S]-) 6` in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of D--11 )a -cd Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that . she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this cith day of Pe_Drl t. irk, 02-0I g AD Notary Public, State of Florida at Large /)t 9 (dr -4_ OkeechobeefeWil 107 SW 17t Okeecho e oric43.1?)74 " • 8 3- 63-3&-LIVal Ps) PUBLIC NOTICE CITY PLANNING BOARD WORKSHOP NOTICE IS HEREBY.GIVEN'that the City of Okeechobee Planning Board will.conduct-a •Workshop on: Thur., Feb. 15„ 2018;. 6 PM, or as soon thereafter -es possible atcity'Hall,55SE3.rdAve Rm200;'Okeechobee,:FG' Thepurpose.bf•thts Workshop;is to consider and dtsass.posslble amend: mens to the land:Developpment:Regulatfohsln thesespedfic areas aswell as:sectlanstgdirectfy related•td:these Inted:. Adding a;definition for let lit/De Mtnimts•subdi6Lslon:and Joinder of a lol amend:tfie SubdivisionsdiaptetNinToTridirillinedadifrOstor Int splitsan. combiningg multiple:lots; amending the Spedai Excepptltlon•Uses In the Commeidal Professional Office, Light Comineriial, Flik Commercial, and Cental Business District Zoning DLSbicts consider ..amending. the Permitted Uses in the HeavyCorntmerrrdards ddaaal �n�umending Ure Su plementaryeDi he• Reegguullationss In then ofyYardsc tem; a on Comer Lnts,'.OR Street Parking and loading Space Regulations•, A�sso= ry Use and Structun; and SpedalExceon andSupplemental.Use Regbfa- lionsfor ternporaryportable:storagecon Iners:. 'fbe;public Is Imiited and encouraged to attend The agenda maybe 05- tabled from btyofokeerhobee com or by ca1ing:the General Services Office, 863,76.3:i-3372 x9820. AHY.PERSON DECIDING TO L•any:denslonmade by the PB with react to any matter considereAPPEAd:at thls'meeting vn'8 need to ensure a v"er- batlin record of.ttie.proceeding b made•and.the record Indudes the testimo riy;and evidenceup i whidi;the.appeal.Wili be. based In.aaordance with the Amerimnsmth:DisabTtiesArt(ADA);anypersonwithadrsablUt asde- fined.by theADA,,that needssperial accommodation t "ppaar�rtdIn t pate his proceed'ng contact. the General'Services Office no later than two business daysprbrtoproceeding 863.763-3372. 6E ADVISED thatsh.0dd you Intend to show any document; pichrre video or Items to the PB:In supportar.oppositlon to any Sons on -the agenda; a oopy;of the document, picture, vkleo,.or item -must be•provided to. the Board Secretary for the Ws records. - .. . By:Chatrpeison DawnHoover.. -; - 484347 ON 2/7/2017