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0838 LDRs/Plat Regulations• ORDINANCE NO. 838 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NUMBER 669; PARTICULARLY CHAPTER 86 SUBDIVISIONS, ARTICLE II THEREOF; TO PROVIDE FOR ADMINISTRATIVE REVIEW OF PRELIMINARY PLAT APPLICATIONS; PROVIDING FOR ADMINISTRATIVE PRELIMINARY APPROVAL, DENIAL OR MODIFICATION OF PRELIMINARY PLATS; PROVIDING FOR DEVELOPER TO SUBMIT COPIES OF SAID PLAT APPLICATIONS TO THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations for the City of Okeechobee, Florida, Chapter 86, Article II, thereof, currently requires that developers submit to the City Council all preliminary plat applications for review, approval, denial or modification; and requires four copies to be submitted; and WHEREAS, the City of Okeechobee has organized certain Citizen Boards to review all building permit applications and site plan review and approvals, and also submits such applications to Department Heads, and utility providers for review and comment; and WHEREAS, such Citizen Boards provide a valuable service to both the City of Okeechobee and its citizens, in that such boards may review development applications, determine sufficiency with applicable codes and Comprehensive Plan, and provide a developer with direction on a particular application prior to submission of final plans for approval and obtaining a development permit; and WHEREAS, such procedures before the Citizen Boards could also be utilized for preliminary plat approvals, thereby providing the developer the technical information needed to correct, amend or proceed on an application without first having to appear before the City Council; and NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that Ordinance Number 669, Chapter 86 Article II, be amended in the following respects, with any language to the contrary in existing regulations deemed rescinded and replaced: SECTION 1. AMENDMENTS. Sec. 86 -42. Preapplication procedure. (a) Prior to the filing on an application for conditional approval of the preliminary plat, the developer or subdivider shall submit to the City council, through the General Services Department eitradmirristrator for review by City personnel and the Technical Review Committee, plans and data as specified in this subpart B. This step does not require formal application fee, or filing of plat with the City Council. The specified plans and data shall be filed with the City Building Official Administrator who will in turn refer the material to appropriate City Departments for review, comment, criticisms and suggestions, and in turn submit them with the preapplication plans and data to the Technical Review Committee City Council. (b) Within thirty (30) days after receipt by the City of the preapplication material, the Technical Review Committee City Council shall meet, review the materials, comments and data as submitted or modified, and inform the • developer whether that the plans and data, , do or do not meet the objectives of this chapter and the City Comprehensive Plan. When the Committee City finds the plans and data do not meet the objectives of this chapter, it shall express in writing the reasons therefore. Under no circumstance shall the developer be permitted to proceed with development prior to the approval of the Committee, and conditional preliminary plat approved by the City Council. Sec. 86 -43. Procedure of conditional approval of preliminary plat and approval of construction plans for required improvements. (b) Eleven roar copies of the preliminary plat, improvement and construction plans, Technical Review Committee Comments, and supplementary material specified shall be submitted to the City Council through the City Administrator with written application for conditional approval at least 14 days prior to the meeting at which it is to be considered. SECTION 2. REMAINDER OF SECTIONS. In all other respects not otherwise herein amended, Chapter 86, Article II, Sections 86 -42 and 86 -43 shall remain in full force and effect. SECTION 3. SEVERABILITY. In the event any portion of this ordinance as amended, should be deemed to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. INTRODUCED for first reading and public hearing on the 7th day October 2003. ,ATTEST: aitt.L6t, Lane. Gamiotea, City Clerk • James E. Kirk, Mayor ADOPTED after second reading and second public hearing on the 16th day of October, 2003. ATTEST: "A Lane Gamiotea, .'ty Clerk REVIEWED FOR LEGAL SUFFICIENCY: • CacL John R. Cook, City Attorney James E. irk, Mayor AGENDA IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-008 - SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Commercial located at 1302 SW 2nd Avenue. The property owners are Philip Berger, Lori Berger and Gerald Lefebvre. B. Consider amending Code of Ordinances (Land Development Regulation's - LDR's). The proposed will amend Section 86 -42 Preapplication procedure, more specifically Article II Plans and Plats. September 23, 2003 - Land Planning Agency - Page 2 of 4 ACTION - DISCUSSION - VOTE Jim LaRue, representative of LaRue Planning and Management, City Planning Consultant, addressed the Agency by going over the staff's recommendations in the Comprehensive Plan Analysis. Mr. LaRue explained the staffs recommendations. The Agency questioned the Commercial zoning being so close to a residential area. Mr. LaRue reminded the Agency that this is a Future Land Use Map Amendment and that when the applicants come before the Planning Board for the rezoning, that the Board may put restrictions on the property at that time. There was no public comment. There was no further discussion from the Agency. Agency Member Ledferd moved to recommend to the City Council to approve the request for the Comprehensive Plan, Future Land Use Map Amendment Application 03- 008 -SSA based on the planning staff's recommendations, seconded by Agency Member Keller. VOTE HOOVER - YEA .TONES - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. Agency Attorney, John Cook, briefly explained to the Agency members the purpose of the proposed changes to the City Code of Ordinances. There was no public comment. There was no discussion from the Agency. Agency Member Ledferd moved to recommend to the City Council to approve the proposed amendment to the City Code of Ordinances, Section 86 -42 Preapplication procedure; seconded by Agency Member McCoy.