2020-09-17 (PB)A 9
CITY OF OKEECHOBEE, FLORIDA
0
PLANNING BOARD & WORKSHOP MEETING
SEPTEMBER 17, 2020
SUMMARY OF BOARD ACTION
CALL TO ORDER
Chairperson Hoover called the regular Planning Board and Workshop meeting for the City of
Okeechobee to order on Thursday, September 17, 2020, at 6:03 P.M. in the City Council
Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant
to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended
by Executive Order No. 20-193 effective August 7, 2020, the meeting was conducted utilizing
communications media technology as provided by Florida Statutes 120.54(5)(b)2, by means of
Zoom.com Meeting ID 2459713294. The Host computer was operated by Executive Assistant
Brock. The video, audio, and other digital comments are recorded and retained as a permanent
record.
A. The Pledge of Allegiance was led by Chairperson Hoover.
II. ATTENDANCE
Planning Board Secretary Patty Burnette called the roll. Chairperson Dawn Hoover, Vice
Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass and Mac Jonassaint
were present. Alternate Board Members Joe Papasso and Jim Shaw were present. Board
Members Rick Chartier and Felix Granados were absent with consent.
CITY STAFF: City Planning Consultant Ben Smith, General Services Secretary Yesica Montoya,
and Executive Assistant Robin Brock were present. City Attorney John Fumero was absent with
consent.
Chairperson Hoover moved Alternate Board Members Papasso and Shaw to voting position.
III. AGENDA
A. Chairperson Hoover asked whether there were any agenda items to be added, deferred,
or withdrawn. To dispense with the reading and approve the August 20, 2020 Workshop
Minutes was added as Item IV.B.
B. A motion was made by Vice Chairperson McCoy to adopt the agenda as presented and
amended; seconded by Board Member Jonassaint.
Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass,
Jonassaint, Papasso and Shaw voted: Aye. Nays: None. Absent: Board Members Chartier
and Granados. Motion Carried.
IV. MINUTES
A. A motion was made by Board Member Brass to dispense with the reading and approve
the July 16, 2020 Regular Meeting minutes; seconded by Vice Chairperson McCoy.
Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass,
Jonassaint, Papasso and Shaw voted: Aye. Nays: None. Absent: Board Members Chartier
and Granados. Motion Carried.
B. A motion was made by Vice Chairperson McCoy to dispense with the reading and
approve the August 20, 2020 Workshop Meeting minutes; seconded by Board Member
Jonassaint.
Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass,
Jonassaint, Papasso and ,Shaw voted: Aye. Nays: None. Absent: Board Members Chartier
and Granados. Motion Carried.
V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:06 P.M.
A. City Planning Consultant Ben Smith of LaRue Planning and Management Services who
briefly reviewed the Planning Staff Report for Land Development Regulations (LDR) Text
Amendment Application No. 20-001-TA, which proposes to amend Section 90-162
revising permitted uses, and Section 90-165 revising the minimum lot and structure
requirements within the Residential Mobile Home (RMH) Zoning District.
September 17, 2020 Planning Board & Workshop Meeting Page 1 of 5
a 00
A previous workshop meeting was held on August 20, 2020, with the final consensus of
the Planning Board being to revise the current code as follows: the 20 foot minimum yard
setback required in 1EI)ection 90-165(3)(a) should be removed; redevelopment of lots in the
RMH district with single family dwellings to replace mobile homes should be permitted
and encouraged; thE! maximum densities allowed by the Single Family (SF) Residential
FLU Category should remain unchanged; and no new subdivisions or lot splitting should
be permitted which is inconsistent with the maximum densities allowed by the
comprehensive plan; and that the permitted uses and lot area requirements of the RMH
district should be amended to achieve this.
1. Chairperson 'Hoover opened the floor for public comment. Mr. Steven Dobbs
commented he currently is working with a client on a possible new mobile home
subdivision and wanted to confirm should this ordinance be adopted it would now
be required to have 10,000 square feet for a single-family home instead of the
current 5,000 square feet. Planner Smith replied yes as this will then bring the
zoning district's minimum lot size into consistency with the density listed in the
Comprehensive Plan. Board Member Baughman voiced concerns feeling this
change would be penalizing someone wishing to build a good structure -built home
as they would be held to more area than what would be required for a mobile home.
If one had a lot and placed a mobile home on it and then wanted to change it to a
single-family home later in the future, they would not be able to. He further inquired
about an existing mobile home subdivision, River Run Mobile Home Park and if
the property owners with lots there would be able to change out their mobile homes
to single family homes in the future. Planner Smith replied yes as the mobile homes
were in existence on those undersized lots since 2007. Vice Chairperson McCoy
offered information regarding policies the State has in regard to protecting mobile
homes in parkas. Should one not wish to upgrade to a single-family home and wish
to keep their mobile home they are protected, and one cannot force them to make
the change.
2. No disclosures of Ex-Parte were offered from Board Members
3. A motion was offered by Board Member Jonassaint to recommend approval to the
City Council for LDR Text Amendment Application No. 20-001-TA, which proposes
to amend Section 90-162 revising permitted uses, and Section 90-165 revising the
minimum lot and structure requirements within the Residential Mobile Home
(RMH) Zoning District as follows:
Amend Section 90-162(2) to read mobile home park, with one mobile home per
site (each site meeting the lot structure requirements of Section 90-165(2)(a).
Amend Section 90-162(8) to read site -built or modular single-family homes and
add (9) to read Mobile homes and single-family homes on undersized lots that
have existed since August 1, 2007.
Amend Section 90-165(2) to read minimum lot/site area.
Amend Section 90-165 (2) (a) to read Mobile home with an area of 7,620 square
feet.
Add Section 90-165 (2) (b) to read Single Family Home with an area of 10,000
square feet and a width of 50 feet.
Delete Section 90-165 (3)(a); second by Board Member Brass.
a) The Board offered no further discussion.
b) Chairperson Hoover, Vice Chairperson McCoy, Board Members
Baughman, Brass, Jonassaint, Papasso and Shaw voted: Aye.
Nays: None. Absent: Board Members Chartier and Granados.
Motion Carried. The recommendation will be forwarded to the City
Council for consideration at Public Hearings, tentatively scheduled
for October 20, 2020 and November 17, 2020, 6:00 P.M.
September 17, 2020 Planning Board & Workshop Meeting Page 2 of 5
B. City Planning Consultant Smith briefly reviewed the Planning Staff Report for LDR Text
Amendment Application No. 20-002-TA, which proposes to amend Section 70-340
broadening the applicability of the findings required for granting petitions; Appendix A;
Form 1 to clarify the procedures for Comprehensive Plan Amendment Applications; Form
3 to clarify the procedures for Zoning District Boundary Change Petitions; creating Form
19 to provide standards and procedures for administratively initiated Comprehensive Plan
Future Land Use Map (FLUM) Amendments; and creating Form 20 to provide standards
and procedures for administratively initiated Zoning District Boundary Change Petitions.
Previous workshop meetings were held on July 16, 2020 and August 20, 2020, with the
final consensus of the Planning Board being to propose land development code
amendments that will allow the City of Okeechobee to initiate zoning map changes and
(FLUM) changes with less requirements than are currently required for map changes
requested by property owners. As staff confirmed with other local governments, no survey
is required for a city initiated rezoning or a city initiated FLUM Amendment. Identifying the
subject property on maps and providing a legal description is sufficient. Minor changes to
the processing procedures of applicant -initiated map changes are also proposed in order
to more closely align with the manner in which requests are actually processed.
I . Chairperson Hoover opened the floor for public comment. There was none.
2. No disclosures of Ex-Parte were offered from Board Members.
3. A motion was offered by Board Member Brass to recommend approval to
the City Council for LDR Text Amendment Application No. 20-002-TA,
which proposes to amend Section 70-340 broadening the applicability of the
findings required for granting petitions; Appendix A; Form 1 to clarify the
procedures for Comprehensive Plan Amendment Applications; Form 3 to
clarify the procedures for Zoning District Boundary Change Petitions;
creating Form 19 to provide standards and procedures for administratively
initiated Comprehensive Plan FLUM Amendments; and creating Form 20 to
provide standards and procedures for administratively initiated Zoning
District Boundary Change Petitions as follows:
Appendix A, Form 1 Comprehensive Plan Amendment Petition number 2.b.,
to read Administrator reviews petition, initiates processing, issues notice of
Planning Board public hearing.
Amend Appendix A, Form 1 Comprehensive Plan Amendment Petition
number 2.d., to read Administrator issues notice of City Council public
hearing.
Amend Appendix A, Form 3, Zoning district boundary change Petition
number 2.b., to read Administrator reviews petition, initiates processing,
issues notice of Planning Board public hearing.
Amend Appendix A, Form 3, Zoning district boundary change Petition
number 2.d., to read Administrator issues notice of City Council public
hearing.
Amend Appendix A, Form 3, Zoning district boundary change Petition by
adding number 2.e., to read City Council holds first public hearing, renders
decision.
Amend Appendix A, Form 3, Zoning district boundary change Petition by
adding number 2.f., to read if approved, Administrator issues notice of
second City Council public hearing.
Amend Appendix A, Form 3, Zoning district boundary change Petitions
number 2.g., to read City Council holds second public hearing, renders final
decision on petition.
Amend Appendix A by adding Form 19, Administratively Initiated
Comprehensive Plan FLUM Amendment and Form 20, Administratively
Initiated Zoning District Boundary Change petition that list petition contents
and processing information. In addition to new application requirements
proposed in Appendix A, some minor revisions are also proposed to Section
70-340 in order to broaden the applicability of the required findings for
zoning map changes and land development code changes.
September 17, 2020 Planning Board & Workshop Meeting Page 3 of 5
N
co
IV
co
IV
Amend the first paragraph to read, All petitions for change of land development
regulations and change of zoning district boundary shall be considered in relation
to the following criteria, where applicable.
In acting upon a petition, the City Council, Planning Board, or Board of Adjustment,
as appropriate, shall find that: (1) amend the word use to request and in (3), (5),
(7), and (8) amend the wording at the beginning of each sentence from The use to
Approval of the request; seconded by Board Member Jonassaint.
a) The Board offered no discussion.
b) Chairperson Hoover, Vice Chairperson McCoy, Board
Members Baughman, Brass, Jonassaint, Papasso and Shaw
voted: Aye. Nays: None. Absent: Board Members Chartier and
Granados. Motion Carried. The recommendation will be
forwarded to the City Council for consideration at Public Hearings,
tentatively scheduled for October 20, 2020 and November 17,
2020, 6:00 P.M.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:40 P. M.
VI. CHAIRPERSON HOOVER RECESSED THE REGULAR MEETING AND CONVENED THE
WORKSHOP AT 6:40 P.M„
A. City Planning Consultant Smith briefly reviewed the Staff Report for the Workshop
regarding discussion points for the formulation of a program to incentivize owners of
properties zoned Holding to request rezoning to another zoning district. At one time, the
City's LDR's contained regulations for the development of properties zoned Holding.
However, several years ago, the Holding district regulations were removed from the
LDR's. Currently, if any property owner of land zoned Holding is seeking to develop that
property, a rezoning must be performed first.
As members of the City Council and Planning Board have pointed out, the rezoning
process can be an uncertain and cost prohibitive process for some property owners and
prospective property buyers. If the goal of the City is to encourage properties owners of
Holding properties to rezone, then the City may need to consider instituting a temporary
program that provides some incentivization to rezone by reducing the requirements,
lowering the application fee, and providing more certainty to the outcome of the rezoning
process.
At the November 21, 2019 Workshop Meeting, staff received directions to proceed with
a plan for City initiated rezonings of the Holding properties. Planner Smith explained
several tasks would need to be considered.
First, application requirements, including application fees. Currently, Appendix A of the
City's LDR's requires the following: petitioner's name, address, phone number; proof of
interest in property; property survey and location map; property owner's list; site
development plan; statement of use; supplementary supporting information; impact
analysis and application fee. As part of the incentivization program, the City could reduce
these rezoning application requirements in a few ways. The City could allow Holding
property owners to submit their application without a survey and location map, instead
requiring only a legal description and parcel number. Additionally, a site development
plan and impact analysis are also not completely necessary. Appendix C of the City's
LDR's requires a rezoning application fee of $850 plus $30 per acre.
In addition to the direct costs of advertising and postage, there are other costs the City
has assumed including planning consultant time, administrative staff time, and in some
rezoning situations, attorney time. At this time, these costs are not billed directly back to
the applicant. Ultimately, it must be a City policy and budgeting decision whether to
reduce the fees or set fees differently for any application. Considering the advertising
costs, mailing costs, consultant time and administrative staff time spent on each rezoning
request, reducing the rezoning application fees would likely be a subsidization. However,
reducing fees, even if only moderately, would provide some incentivization for Holding
property owners or prospective buyers to initiate a rezoning.
September 17, 2020 Planning Board & Workshop Meeting Page 4 of 5
Secondly, identifying the map changes the City will support. Currently, 55 parcels of land
within the City are zoned Holding. A few are developed, though most are undeveloped
or used for agricultural purposes. Most of the Holding properties are designated as Single
Family Residential (SF) on the FLUM, though there are two with Commercial
designations and one with Mixed Use Residential. Staff has already prepared a report
outlining the existing land use, surrounding land uses, FLUM designation and
recommendations for map changes for nearly every Holding parcel. These
recommendations should be discussed, revised as necessary and formalized by the
Planning Board. Then, should Holding property owners request a rezoning according to
the City's formally supported map changes, they can have confidence that the request
will be approved.
Thirdly, deciding how the Holding property owners should be notified of the program.
Ideally, a notice would be mailed to each property owner, with the notice being somewhat
specific for each property to describe the map change that is supported by the City for
their property. If phone and/or email contacts are known, staff could also reach out to
property owners through those methods.
Lastly, adopting an ordinance to implement the program. Once the specifics of the
program have been determined, an ordinance can be prepared.
After discussion, the consensus of the Board was to have the City Planner do some
further research on the following items: draft a copy of what the notification letter to
property owners would contain; how advertising costs could be minimalized; and draft an
application with a proposed fee.
CHAIRPERSON HOOVER ADJOURNED THE WORKSHOP AND RECONVENED THE
REGULAR MEETING AT 7:17 P.M.
V11. There be no further items on the agenda, Chairperson over adjourned e meeting at 7:17
P.M. 0& ,VV
D n T. Hoover Chairperson
ATT-ST:
Patty M. Barnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment
and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding
is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the
sole purpose of backup for official records.
September 17, 2020 Planning Board & Workshop Meeting Page 5 of 5
IV
00
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=�`11 0( OKE^CyOm
_ CITY OF OKEECHOBEE, FLORIDA
PLANNING BOARD & WORKSHOP MEETING
JULY 16, 2020
DRAFT SUMMARY OF BOARD ACTION
CALL TO ORDER
Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee
to order on Thursday, July 16, 2020, at 6:22 P.M. in the City Council Chambers, located at 55
Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive Order No. 20-
69 issued by Governor DeSantis on March 20, 2020, and extended by Executive Order No. 20-
150 effective June 23, 2020, the meeting was conducted utilizing communications media
technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com
Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The
video, audio, and other digital comments are recorded and retained as a permanent record.
A. The Pledge of Allegiance was led by Chairperson Hoover.
II. ATTENDANCE
Planning Board Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice Chairperson
Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, Felix Granados and
Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were
present.
CITY STAFF: City Attorney John Fumero, City Planning Consultant Ben Smith, General Services
Secretary Yesica Montoya, and Executive Assistant Robin Brock were present.
Ill. AGENDA
A. Chairperson Hoover asked whether there were any agenda items to be added, deferred,
or withdrawn. There were none.
B. A motion was made by Board Member Baughman to adopt the agenda as presented;
seconded by Board Member Brass.
Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass,
Chartier, Granados and Jonassaint voted: Aye. Nays: None. Motion Carried.
IV. MINUTES
A. A motion was made by Board Member Brass to dispense with the reading and approve
the May 21, 2020 Regular Meeting minutes; seconded by Board Member Chartier.
Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass,
Chartier, Granados and Jonassaint voted: Aye. Nays: None. Motion Carried.
V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:25 P.M.
A. Chairperson Hoover yielded the floor to City Planning Consultant Ben Smith of LaRue
Planning and Management Services who briefly reviewed the Planning Staff Report for
Abandonment of Right -of -Way Petition No. 20-001-AC-SC, which requests to vacate the
20-foot wide by 512.5-foot long East to West alleyway lying between Lots 1 through 10
and Lots 17 through 26, of Block 39, CITY OF OKEECHOBEE, Plat Books 1 and 5,
Pages 10 and 5, Public of Records of Okeechobee County, and a 70-foot wide by 512.5-
foot long portion of Northwest 10th Street, formally known as Sixteenth Avenue, lying
between Lots 1 through 10, Block 39 and Lots 17 through 26, Block 28, CITY OF
OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public of Records of Okeechobee
County. He stated recently the vacant portion of Block 39 contiguous to the subject
rights -of -way was approved for a Future Land Use Map Amendment (FLUM) to Multi -
Family Residential (MF) and a Rezoning change to Residential Multiple Family (RMF).
Should this request be approved, the Applicant intends to join the vacant portion of Block
28 to the North and construct a multifamily residential project.
July 16, 2020 Planning Board & Workshop Meeting Page 1 of 3
V. PUBLIC HEARING ITEM CONTINUED
With those recent FLUM and Zoning approvals and the property to the North being
designated as MF Residential on the FLUM and RMF on the zoning map, it seems
appropriate to place the same designation on the vacated property. This designation is
also necessary if the Applicant is to complete the stated goal of developing a multi -family
residential project at this site. The Petition was reviewed by the Technical Review
Committee at their meeting on June 18, 2020 and a motion was made to recommend
approval.
Planning Staff is recommending approval based on the following responses to the
required findings. The alleyway is not the sole means of access to any property. The
property owner of the parcel to the North of the Northwest loth Street right-of-way, Fosler
LLC, has provided consent and the Applicant owns the Southern half. The proposed right-
of-way areas to be vacated have not been improved to facilitate vehicular travel. Turning
over maintenance responsibility to the Applicant and adding property to the City's tax rolls
will be a benefit to the City. Finally, the Applicant has received authorization from all
necessary utility entities.
Mr. Steven Dobbs, with SLID Engineering, who represents the Applicant, Mr. Omar
Abuaita, and Mr. Randy Simler, Co -Owner of Fosler LLC and property owner to
the North of the subject Northwest loth Street Right -of -Way, were present for
questions. Mr. Dobbs pointed out the Northwest loth Street right-of-way was
actually 100 feet wide per the survey instead of 70 feet. Board Member Brass
stated she has no issues with the project though voiced a concern with "giving
away" these rights -of -way instead of having a policy in place to assign some sort
of worth to them. She commented she knows the Hamrick Trust is paid but does
one pay the City. Mr. Simler stated he has paid quite a bit of money for the property
and plans to join them together whether the properties get developed or not.
Property taxes will still have to be paid either way.
2. Chairperson Hoover opened the floor for public comment. There were none. The
Petition was advertised in the local newspaper, two signs were posted on the
subject property and courtesy notices were mailed to nine surrounding property
owners.
3. No disclosures of Ex-Parte were offered
4. A motion was offered by Member Baughman to recommend approval to the City
Council for Abandonment of Right -of -Way Petition 20-001-AC-SC requesting to
vacate an unimproved portion of Northwest 10th Street, formally known as Sixteenth
Avenue, running East to West and lying South of Lots 17 to 26 of Block 28, and
North of Lots 1 to 10 of Block 39, approximately 70-feet by 512.5-feet,
OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public of Records of
Okeechobee County; and vacate the East to West alleyway in Block 39; seconded
by Member Jonassaint.
a) The Board offered no further discussion.
b) Chairperson Hoover, Vice Chairperson McCoy, Board Members
Baughman, Brass, Chartier, Granados and Jonassaint, voted:
Aye. Nays: None. Motion Carried. The recommendation will be
forwarded to the City Council for consideration at a Public Hearing,
tentatively September 1, 2020, 6:00 P.M.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:38 P. M.
VI. CHAIRPERSON HOOVER RECESSED THE REGULAR MEETING AND CONVENED THE
WORKSHOP AT 6:38 P.M.
A. City Planning Consultant Mr. Smith briefly reviewed the Staff Report for the Workshop
regarding Rezoning of Holding Properties. The City's FLUM and Zoning maps have
several existing types of conflicts. Properties with zoning designations that are
inconsistent with the Future Land Use (FLU) designation; properties with existing land
uses that are inconsistent with map designations; and lastly, properties zoned Holding.
July 16, 2020 Planning Board & Workshop Meeting Page 2 of 3
VI. WORKSHOP ITEM CONTINUED
This Workshop is to discuss City initiated rezoning of properties currently zoned Holding
Several years ago, the Holding district regulations were removed from the land
development code. It was intended at that time that most properties zoned Holding would
be rezoned to one of the single-family residential zoning districts or to the Rural Heritage
district. The Rural Heritage district was conceived in order to provide an appropriate
zoning district to continue to be used for agricultural purposes. The City's
Comprehensive Plan was also amended at that time to allow limited agriculture in the
appropriate FLU categories to address existing lands in the City where agricultural
activities have been and continue to be active. Since there are no longer any Holding
district regulations provided in the code that would regulate development of properties
zoned Holding, the Holding designation is no longer supported by the City's land
development code. At this time, if any property owner of land zoned Holding is seeking
to develop that property, a rezoning must be performed first.
At the November 21, 2019 Workshop Meeting, staff received directions from the
Planning Board to proceed with recommendations for City initiated rezoning of the
Holding properties. Currently 55 parcels of land within the City are zoned Holding. A few
are developed, though most are undeveloped or used for agricultural purposes. Most of
the Holding properties are designated as Single Family Residential (SF) on the FLUM,
though there are two with Commercial designations and one with Mixed Use Residential.
Mr. Smith provided FLUM and Zoning sub maps to the Board depicting eight separate
areas of the City. Properties within those sub maps are labeled with map ID numbers.
He explained several tasks would need to be considered. Separate applications and staff
reports for each map ID; contacting each property owner; advertising; surveys which
either would need to be provided by the property owner or the City; and should the map
changes allow for an increased intensity of the use, then the effects to public facilities,
utilities and services will need to be accessed.
A lengthy discussion followed centered aroundwhether to create an actual zoning district
for Holding, to how it was initially introduced and why the maps were created with this
zoning designation if no regulations remained, to what transpired in past years when
some of these Holding properties were rezoned.
The consensus of the Board was to have the City Attorney and the City Planner get
together and do some further research. To determine if there is a way to approach this
task without surveys, if applicable, to gather more information on the cost involved, and
a more detailed approach to be able to make decisions on how to proceed.
CHAIRPERSON HOOVER ADJOURNED THE WORKSHOP AND RECONVENED THE
REGULAR MEETING AT 7:14 P.M.
VII. There be no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:14
P.M.
Dawn T. Hoover, Chairperson
ATTEST:
Patty M. Burnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment
and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding
is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the
sole purpose of backup for official records.
July 16, 2020 Planning Board & Workshop Meeting Page 3 of 3
FW `,.OF-OMp�i
CITY OF OKEECHOBEE, FLORIDA
PLANNING BOARD WORKSHOP MEETING
AUGUST 20, 2020
DRAFT SUMMARY OF BOARD DISCUSSION
CALL TO ORDER
Chairperson Hoover called the Workshop meeting of the Planning Board for the City of
Okeechobee to order on Thursday, August 20, 2020, at 6:41 P.M. in the City Council Chambers,
located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant to Executive
Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and extended by Executive
Order No. 20-193 effective August 7, 2020, the meeting was conducted utilizing communications
media technology (CMT) as provided by Florida Statutes 120.54(5)(b)2, by means of Zoom.com
Meeting ID 2459713294. The Host computer was operated by Executive Assistant Brock. The
video, audio, and other digital comments are recorded and retained as a permanent record.
II. ATTENDANCE
General Services Secretary Montoya called the roll Chairperson Dawn Hoover, Vice
Chairperson Doug McCoy, Board Members Karyne Brass, Rick Chartier, Felix Granados and
Mac Jonassaint were present. Alternate Board Member Joe Papasso was present. Board
Member Phil Baughman and Alternate Board Member Jim Shaw were absent.
CITY STAFF: City Planning Consultant Ben Smith, Planning Board Secretary Patty Burnette,
and Executive Assistant Robin Brock were present. City Attorney John Fumero was absent.
III. ITEMS OF DISCUSSION
A.1 Mr. Ben Smith of LaRue Planning and Management Services was present as the City's
Planning Consultant and briefly explained his Staff Report regarding Land Development
Regulation (LDR) amendments that will allow the City of Okeechobee to initiate Zoning
map changes and Future Land Use Map (FLUM) changes with less requirements than
are currently required for map changes requested by property owners. He confirmed with
other local governments that no survey is required for a City initiated rezoning or a City
initiated FLUM Amendment. Identifying the subject property on maps and providing a
legal description is sufficient. He is proposing the following minor changes to the
processing procedures of Applicant initiated map changes in order to more clearly align
with the manner in which requests are actually processed.
Amend Appendix A, Form 1 Comprehensive Plan Amendment Petition number 2.b., to
read Administrator reviews petition, initiates processing, issues notice of Planning Board
public hearing.
Amend Appendix A, Form 1 Comprehensive Plan Amendment Petition number 2.d., to
read Administrator issues notice of City Council public hearing.
Amend Appendix A, Form 3, Zoning district boundary change Petition number 2.b., to
read Administrator reviews petition, initiates processing, issues notice of Planning Board
public hearing.
Amend Appendix A, Form 3, Zoning district boundary change Petition number 2.d., to
read Administrator issues notice of City Council public hearing.
Amend Appendix A, Form 3, Zoning district boundary change Petition number 2.e., by
adding City Council holds first public hearing, renders decision.
Amend Appendix A, Form 3, Zoning district boundary change Petition number 2.f., by
adding if approved, Administrator issues notice of second City Council public hearing.
Amend Appendix A, Form 3, Zoning district boundary change Petitions number 2.g., to
read City Council holds second public hearing, renders final decision on petition.
Amend Appendix A by adding Form 19, Administratively Initiated Comprehensive Plan
Future Land Use Map Amendment and Form 20, Administratively Initiated Zoning District
Boundary Change petition that list petition contents and processing information.
DRAFT August 20, 2020 Planning Board Workshop Meeting Page 1 of 3
In addition to new application requirements proposed in Appendix A, some minor
revisions are also proposed to Section 70-340 in order to broaden the applicability of the
required findings for zoning map changes and land development code changes.
Amend the first paragraph to read, All petitions for change of land development
regulations and change of zoning district boundary shall be considered in relation to the
following criteria, where applicable.
In acting upon a petition, the City Council, Planning Board, or Board of Adjustment, as
appropriate, shall find that: (1) amend the word use to request and in (3), (5), (7), and (8)
amend the wording at the beginning of each sentence from The use to Approval of the
request.
The consensus of the Board was in agreement with the City Planner's recommendations
as noted above.
A.2 Mr. Smith discussed the Planning Staff Report and copies of minutes he had distributed
from the Planning Board and City Council Meetings held on July 19, 2007, August 16,
2007, September 5, 2007, and September 19, 2007, regarding several issues related to
the current Residential Mobile Home (RMH) district standards and the maximum density
allowed in the Single Family (SF) Residential Future Land Use (FLU) category. First issue
is the list of permitted uses which includes types of development that do not seem correct
in the context of the definitions provided for those uses. Section 90-162(2) lists mobile
home park, with one mobile home per lot as a permitted use. However, the definition of
mobile home park requires that the park must be under single ownership. While this could
mean an area with separate lots all owned by the same entity, it is more typically one
parcel of land owned by one entity, with multiple mobile home sites for rent or lease by
that entity. Section 90-162(8), which was a result of Ordinance No. 997 adopted on
September 19, 2007, site -built or modular single-family homes on lots in mobile home
parks existing as of August 1, 2007, can be interpreted at least three different ways: Site
built or modular single family homes can be built on a lot in a mobile home park if that
mobile home park was in existence in August 1, 2007; Site built or modular single family
homes can be built on a lot in a mobile home park if that lot was in existence in August 1,
2007; or Site built or modular single family homes are a permitted use (not
nonconforming) on lots in mobile home parks only if those structures were in existence
as of August 1, 2007. If the third interpretation is used, then no new site built, or modular
single-family homes would be allowed in the RMH district. However, there are
development standards provided for single family homes in Section 90-165, so this is
likely not the correct interpretation, as some construction of new single-family homes is
clearly envisioned in this district. Whether the first or second interpretation is used, it
seems unlikely that site built, or modular single-family homes would be confined only to
lots in mobile home parks. The intent seems more likely to allow single family homes in
what is currently defined as a mobile home subdivision. Based on the above, he proposes
the following:
Amend Section 90-162(2) to read mobile home park, with one mobile home per site
Amend Section 90-162(8) to either read site -built or modular single-family homes in
mobile home subdivisions on lots existing as of August 1, 2007 or site -built or modular
single-family homes in mobile home subdivisions. The first option would prohibit the
placement of single-family homes in new mobile home subdivisions and the second
option would allow it.
Amend Section 90-165(2) to read minimum lot/site area.
Second issue Section 90-165(3)(a) reads district yard minimum of 20 feet on all property
boundaries. This seems to contradict the other required setbacks of the district which
seem to cover all potential structures. Since the 10-foot rear and side setbacks allowed
under Section (b) do seem appropriate, he proposes Section (a) be stricken from the
code.
A.3 Lastly, the minimum allowed lot size could create a density that would exceed the
maximum allowed density of the SF Residential FLU category. The RMH zoning district
is only permitted within this FLU category, the standards for which are provided in FLU
Policy 2.1(a) of the City's Comprehensive Plan.
Maximum density is four units per acre for residential units on individual lots, and six units
per acre for mobile home parks.
DRAFT August 20, 2020 Planning Board Workshop Meeting Page 2 of 3
Where affordable housing is provided in accordance with Housing Policy 1.6, the
maximum density for single family development shall be five units per acre. Section 90-
165(2)(a) allows for minimum lot sizes of 5,000 square feet for mobile homes and single-
family homes.
If a mobile home subdivision were to be created with 5,000 square foot lots, the density
would be 8.7 dwelling units per acre which would be inconsistent with the City's
Comprehensive Plan. Since there are quite a few existing 5,000 square foot lots in the
RMH district and to avoid the creation of non -conforming lots he proposes amending FLU
Policy 2.1(a) of the City's Comprehensive Plan as follows:
Delete what is currently number 1 and replace it to now read Zoning districts considered
appropriate within this future land use category include Rural Heritage (RH), Residential
Single -Family One (RSF 1), Residential Mobile Home (RMH), and Residential Planned
Unit Development (PUD-R).
Add number 2 to read For the RH, RSFf-1 and PUD-R zoning districts, the maximum
density is four units per acre. Where affordable housing is provided in accordance with
Housing Policy 1.6, the maximum density for single-family development shall be five units
per acre.
Add number 3 to read For the RMH zoning district, the maximum density is nine units per
acre.
After a lengthy discussion the consensus of the Board was to remove the 20 foot minimum
yard setback required in Section 90-165(3)(a); to permit and encourage the
redevelopment of lots in the RMH district with single family dwellings to replace mobile
homes; to leave the maximum densities allowed by the SF Residential FLU Category
unchanged; and permit no new subdivisions or lot splitting which is inconsistent with the
maximum densities allowed by the comprehensive plan; and that the permitted uses and
lot area requirements of the RMH district should be amended to achieve this.
IV. There being no further items on the agenda, Chairperson Hoover adjourned the workshop at
7:28 P.M.
Dawn T. Hoover, Chairperson
ATTEST:
Patty M. Burnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment
and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding
is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the
sole purpose of backup for official records.
DRAFT August 20, 2020 Planning Board Workshop Meeting Page 3 of 3
OF-01fe yob
m CITY OF OKEECHOBEE, FLORIDA
SEPTEMBER 17, 2020, PLANNING BOARD & WORKSHOP
MEETING
MINUTE GUIDE
CALL TO ORDER �'03PM
Chairperson Hoover called the regular Planning Board and Workshop Meeting for the City of
Okeechobee to order on Thursday, September 17, 2020, at 6.00 P.M. in the City Council
Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. Pursuant
to Executive Order No. 20-69 issued by Governor DeSantis on March 20, 2020, and further
extended by Executive Order No. 20-193 effective August 7, 2020, the meeting was conducted
utilizing communications media technology (CMT) as provided by Florida Statutes
120.54(5)(b)2, by means of Zoom.com Meeting ID 2459713294. The Host computer was
operated by Executive Assistant Brock. The video, audio, and other digital comments are
recorded and retained as a permanent record.
A. The Pledge of Allegiance was led by Chairperson Hoover.
II. ATTENDANCE
Planning Board Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice -Chairperson
Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Charti , Felix Granados and
Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were
present. 0 hv"
CITY STAFF: City Attorney John Fumero, City Planning Consultant Ben Smith, General Services
Secretary Yesica Montoya, and Executive Assistant Robin Brock were present.
III. AGENDA
A. Chairperson Hoover asked whether there were any agenda items to be added,
deferred, or withdrawn. There were - A e€� a pPI?)L ^{
rn.�.�ufes
B. A motion was made by Board Member ft(b ti to adopt the agenda as presented;
seconded by Board Member jOraS51_.�:0- ;;fit..
Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass,
Chartier, Granados, and Jonassaint voted: Aye. Nays: None. Motion Carried.
IV. MINUTES
A. A motion was made by Board Member �"���� to dispense with the reading and
approve the July 16, 2020 Regular Meeting minutes and the August 20, 2020 Workshop
minutes; seconded by Board Member
VV�C&
Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass,
Chartier, Granados, and Jonassaint voted: Aye. Nays: None. Motion Carried.
V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT
A. II Chairperson Hoover yielded the floor to City Planning Consultant Ben Smith of LaRue
Planning and Management Services who briefly reviewed the Planning Staff Report for
Land Development Regulations (LDR) Text Amendment Application No. 20-001-TA,
which proposes to amend Section 90-162 revising permitted uses, and Section 90-165
revising the minimum lot and structure requirements within the Residential Mobile Home
(RMH) Zoning District.
September 17, 2020 Planning Board & Workshop Meeting Page 1 of 6
V. PUBLIC HEARING ITEM CONTINUED
A previous workshop meeting was held on August 20, 2020, with the final consensus of
the Planning Board being to revise the current code as follows: the 20 foot minimum yard
setback required in Section 90-165(3)(a) should be removed; redevelopment of lots in the
RMH district with single family dwellings to replace mobile homes should be permitted
and encouraged; the maximum densities allowed by the Single Family (SF) Residential
FLU Category should remain unchanged; and no new subdivisions or lot splitting should
be permitted which is inconsistent with the maximum densities allowed by the
comprehensive plan, and that the permitted uses and lot area requirements of the RMH
district should be amended to achieve this.
2. Chairperson Hoover opened the floor for public cornment and there was none
3. No Ex-Parte disclosures were offered from Board Members.
�f a Wore-, r 5
4. A moon was offered by Member 1' to recommend
to the City Council for LDR Text Amendment Application No.
20-001-TA, which proposes to amend Section 90-162 revising permitted uses, and
Section 90-165 revising the minimum lot and structure requirements within the
RMH Zoning District; seconded by Member
a) The Board offered no further discussion. ►.� r(�,
b) Chairperson Hoover, Vice Chairperson cCoy, oard Members
Yes C Baughman); Brass, Chartier, Granados, an _Jonassaint voted.
a- Y105 Aye. N ys: None. Motion Carried. The recommendation will be
forwarded to the City Council for consideration at Public Hearings,
tentatively scheduled for October 20, 2020 and November 17, 2020,
6:00 P.M.
B. { Chairperson Hoover yielded the floor to City Planning Consultant Smith who briefly
reviewed the Planning Staff Report for Land Development Regulations (LDR) Text
Amendment Application No. 20-002-TA, which proposes to amend Section 70-340
broadening the applicability of the findings required for granting petitions; Appendix A;
Form 1 to clarify the procedures for Comprehensive Plan Amendment Applications; Form
3 to clarify the procedures for Zoning District Boundary Change Petitions; creating Form
19 to provide standards and procedures for administratively initiated Comprehensive Plan
FLUM Amendments; creating Form 20 to provide standards and procedures for
administratively initiated Zoning District Boundary Change Petitions. Previous workshop
meetings were held on July 16, 2020 and August 20, 2020, with the final consensus of
the Planning Board being to propose land development code amendments that will allow
the City of Okeechobee to initiate zoning map changes and Future Land Use Map (FLUM)
changes with less requirements than are currently required for map changes requested
by property owners.
September 17, 2020 Planning Board & Workshop Meeting Page 2 of 6
V. PUBLIC HEARING ITEM CONTINUED
As staff confirmed with other local governments, no survey is required for a city initiated
rezoning or a city initiated FLUM amendment. Identifying the subject property on maps
and providing a legal description is sufficient. Minor changes to the processing
procedures of applicant -initiated map changes are also proposed in order to more clearly
align with the manner in which requests are actually processed.
' ,�3 Jmas5w,o
2. Chairperson Hoover opened the floor for public comment and there was none
00
3. No Ex-Parte disclosures were offered from Board Members.
N C,
4. A motion was offered by Member W to recommend
a P p('GVto the City Council for LDR Text Amendment Application No.
No. 20-002-TA, which proposes to amend Section 70-340 broadening the
applicability of the findings required for granting petitions; Appendix A; Form 1 to
clarify the procedures for Comprehensive Plan Amendment Applications; Form 3
to clarify the procedures for Zoning District Boundary Change Petitions; creating
Form 19 to provide standards and procedures for administratively initiated
Comprehensive Plan FLUM Amendments; creating Form 20 to provide standards
and procedures for administratively initiated Zoning District Boundary Change
Petitions; seconded by Member
a) The Board offered no further discussion. c
b) Chairperson Hoover, Vice Chairperson McCoy, Board Members
Baughman, Brass, Chartier, Granados, and Jonassaint voted:
n i) Aye. Nays: None. Motion Carried. The recommendation will be
(� forwarded to the City Council for consideration at Public Hearings,
ll tentatively scheduled for October 20, 2020 and November 17, 2020,
6:00 P.M.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT
VI. CHAIRPERSON HOOVER RECESSED THE REGULAR MEETING AND CONVENED THE
WORKSHOP AT
A. City Planning Consultant Smith briefly reviewed the Staff Report for the Workshop
regarding Rezoning of Holding Properties. The City's FLUM and zoning map have several
types of map conflicts that exist. As directed by the Planning Board at the August 20,
2020, workshop, the purpose of this report is to provide discussion points for the
formulation of a program to incentivize owners of properties zoned Holding to request
rezoning to another zoning district. At one time, the City's land development code
contained regulations for the development of properties zoned Holding. However, several
years ago, the Holding district regulations were removed from the land development code.
Currently, if any property owner of land zoned Holding is seeking to develop that property,
a rezoning must be performed first. As members of the City Council and Planning Board
have pointed out, the rezoning process can be an uncertain and cost prohibitive process
for some property owners and prospective property buyers.
September 17, 2020 Planning Board & Workshop Meeting Page 3 of 6
VI. WORKSHOP ITEM CONTINUED
If the goal of the City is to encourage properties owners of Holding properties to rezone,
then the City may consider instituting a temporary program that provides some
incentivization to rezone by reducing the requirements, lowering the application fee, and
providing more certainty to the outcome of the rezoning process. It must be determined
what the application requirements are to be as well as the application fees; identify the
map changes the City will support; decide how Holding property owners should be notified
of this program and adopt an Ordinance to implement the program.
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September 17, 2020 Planning Board & Workshop Meeting Page 4 of 6
VI. WORKSHOP ITEM CONTINUED
September 17, 2020 Planning Board & Workshop Meeting Page 5 of 6
CHAIRPERSON HOOVER ADJOURNED THE WORKSHOP AND RECONVENED THE
REGULAR MEETING AT
VII. CHAIRPERSON HOOVER ADJOURNED THE MEETING AT
September 17, 2020 Planning Board & Workshop Meeting Page 6 of 6
. Lake Okeechobee News
107 SW 17th Street, Suite D
"49RImNDEPENDENT Okeechobee, Florida 34974
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken Muros, who on oath says she is the Publisher of
the Lake Okeechobee News, a weekly Newspaper published
in Okeechobee CountAy)� ��lorida, that the attached copy of an
advertisement being a l`,�;'1�I �'
in the matter of '
in the `1�th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
IN
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 Muros
S .or to and subscribed l e€ore me this
day of ' _ii� �' ( DUI), .)AD
Notary Public, Sttate of Florida at Large
t,sYPu ANGIE BRIDGES
*: MY COMMISSION # GG 971582
EXPIRES: AP6I 20, 2024
`jF °p Bonded Thru Notary Public Underwriters
CaYOFOKEEC OM
PUBLIC NOTICE
LAND DEVELOPMENT REGULATION TEXT AMENDMENT
A PUBLIC FEARING wi be held before the QY of Ci�e3obee Pl�vilxl
Board (PB), 9 as the ln� P1,1- Agaoy, on Seµ 17, mzo, b
PM, or as soon Ihaealtor as po�ble, at Qy Fial, 55 SE 3+d A,e, Rm iDO,
01(e e, R, to o>t><ida and nemire on �d De
tors RiPoon No. 20002TA to amad: Sedbn 743., broadening
the�pi�yofthe}t�; racT+s]nor Taming P��SAPP�A:
1 m �rif the txo�dus nor Cnmp�Cr�me P5n MiaidrmK AppiraUaG
Farm 3 to dardv the procedures nor 7mnn9 Distrti Boundary Oarge petitions;
oealag Fans 9mpro+idesGjrclardsand procedu�reslthrrlaerrtrnnslral d rib -
abed hi r.,tant cubit re land lJszfa p h Zoorm
D�Wixluy Orange the rR�db r on die gibe dyo'
foieediolree.wDVPrMri, or at the adder ahae dung t�ular
braes lours, hlarFd, I AN14:30 PP1, e,�pt for hoida,5 The PB wii offer a
reommenclabon to the g(g rdformai raationatPrbFcHean195TMA-
TIVELYscherk l for 6 PNi on Od. 2D, 2020 and Not 17, 2M.
affgLwxnent Curers have options to submit pubic mrrnaAs
and/or questions by 3:00 PM the day of the mee hng; submit in
address and topic of eonrrnanl; a l the GeneralServices Office,
863-7639824, a dictate Wur' nr�ar,Ue TD an employee or le„ve
a detailed voice rtnessaga with a o9 back nnnbCrof the rtneeLrc}
be read aloud during the corresponding iQer{
Contact Genrra! Services with any questions Evdaroe, testim-W
and argnrrrant Whldn 6Offaed ub an9 CMTsiWI be afforded equal
consideration as i B was offered in person. Persons Wending to
after sworn testimony are responsible for rrokirg a ff.- r-te ar
rargeme.nb;foro fe"swontabnorry.Theputic ts' toted;
seahrg's inted in acerdxnce with Buffs& War #20-193. Mu iopb2s
meetings
it �n�Y gc mvg bwrds wahoert tamg a q airn d
or atary spearc location, and ubiung mrrmr
nniotfos Me hw ?% srdn or vdar mrifeavg,
as V-kled try tose°"'°'>m° 2,, FS. The PB may moan tlns nrettc)
rndrg CKr to mrdhie a quorum via ZDom oxn, a web -based vita mcet-
n9 plaftm A— the PB, StA and pubic to partldp3te vla laptop,. �Dp,
In the meehx] will be
wah tlne agenda on the websde at atydd�rtobee.mrNa9g�s
Cordad Robin Brody SHiME 430 PM on the ctry d due r>edyg,
863-763-%12 far asJstar�
BE ADVISED tatshoeid you edend to show any doc rnemt, Pdrrre, video or
Rees to the PS in supportor oprroelion to arrY tem On the agada, a copy of
the document, pimre, velar, a rrnn spat be pruvicieU to the Board Secretary
for the alys reoords ANY PERSON DECIDING TO APPEAL any dectiorn
made fr/ the PB wRh rej to anyrnall-
hk made andrr gremrd
rneed to Pere a eprbatin record of te
bdudes thewoAa�derrm upon which the appeal will be Gad in
a� oe wall Diabities Ad; pesos with dcabi ie
re�rg sped accommodation to patldpale in tis oomecli g should contact
ate Oalaab 5ewres Officen perm or of 863-763-9624, FFlk��iiqg Impaired:
Fonda � 7-1-1 no later row Wmess drys prior to pmoaedn9.
Dr. 7ardng Admhni t al or Macros Monies De Om, Re10n No. 2D,0027A
4284 CN 9/1,9/10.Z0
c►
2p�a®
- Lake Okeechobee News
107 SW 17th Street, Suite D
ANDEPENDENT Okeechobee, Florida 34974
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken Muros, who on oath says she is the Publisher of
the Lake Okeechobee News, a weekly Newspaper published
in Okeechobee County, Florida, th t the attached copy of an
advertisement being a , t�1 � \ i
in the matter ok WA i At*!"DW.E i KIP"�►�Ci.'i iC'� 1 �
r..
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 afiant 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 Muros
Sworp-t d subscribed.before me th's P
day o . ^ , t *° AD
Notary Public, St t of Florida at Large
ANGIE BRIDGES
MY COMMISSION # GG 971582
EXPIRES: APtdl 20, 2024
eP,F F c0 ' Bonded Thru Notary Public Underwriters
CI' UBC
NOTICE
FOin±djw,
EVELOPMENT REGULATION TEXTAMENDMENr
HEARING w# be held hEfae the ON dOleaihobee F 9
on Sep. 17, 2 . 6 Fiat, 55 SENAve,Rm2[l0,
Fl, to oadder and nubs Wk on Land
tatbrs tkltbn No. -0�m aTud: Section 9o-162 revising
pem>ited uses, an
the mYtrnm Art and strum+e
raNYanaLs wfti the RhHi Zon DshicL Vbw the H tibon on the web;ie
dfera remrmterdatbn to the City Cour d fa mrdderathn at Ndic H®rY
T a4MTIVHY sdhedled for PM on O[i 20, 2020 and Nov. 17, 2D20.
gdiiccBm6lfnl cxm Inaveoptonsmsdvrdfpnb6c, h=
and/a was by 340 PM th:^ rtaY d the rtr�hhg; ssebndt: it
address and topic of co mrat; or d the Gener gStYvl�r awry
86i-763�67ri, Lod yar mes�ge tD an anplayee or lame
a dr3aYed voloe rrnesaa9e wBh a d back number. Cbnnanneads will!
be Lead aloud during OW aDWre ding the meeting.
Contact General Saviors with aarrtryy gnesbo s. Evidence, bNhm0nY
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ahrsideatlon as ff it was affaed in persna Paws intahffny to
offer sworn faimow are far milting appraprete err•
rNvernadsforp1fargsvotnt�tenony.ThepubKctsFrnn�U.n erd;
set is fnnited in aanrdarxe with BeaAhe Order #20-M Municipalities
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�wih the a3and3 on the wed at clyddadhobeemr =
Cnrtaa Robin Brock BEFORE 430 PM an the day d the rneeling,
BEB-763-96 2fora935bno:
6EADVM3 dA40 td yoou pmp�en�d troh shwa arrydoaenat, pimae, vldmor
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the doomhad, pk4aG video, a h3n mat be provided hh the Boars Sway
for the OtyS wLuft. ANY PERSON DECIDM TD APPEAL any do i
made by the PB vdh rat tD a wetter mraidered at tts meeting WE
hora mathe de and
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Disadihes Act persona w it h dsabii es
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W. &(*ig Adnttsbabx Karns Mader De Oca, Ritm No. M-001--TA
42M425 ON 9/2,9%2020
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61
Lake Okeechobee News
107 SW 17th Street, Suite D
914DEPENDENT Okeechobee, Florida 34974
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared tar„oFtEE —
Katrina Elsken Muros, who on oath says she is the Publisher of pLANN jG� HANDWORK% P
the Lake Okeechobee News, a weeks Newspaper ublished NMCE. n>e aY Of o,,eed,obee Pl,�rn�,G EARD "I1 a s a
YP ty"i�a"�a�ny �°�'e
in Okeechobee Coainty;`� lorida, that the attached copy of an °YbddbPwihehddtuievkwaW— Stamgie W—MW
V cfpopat1esmrWHoftto0 e4�-
advertisement being aOVMS
m r �.� ��.l f , � ��� i �� gMQatwemhmopbowtowbmtpkk--m"
and/or Quc#bns by 3 PM the &V d the nwdkmy -W* In wry
to
-ettopic of ao�mtaihi or d theW'IORfoe man orteavea
in the matter of
in the 19th Judidal District of the Circuit Court'of Okeechobee
County, Florida, was published in said newspaper in the issues of
,a
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 Muros
Sworn to d subscribed -Wore me t,is l
T day o£ �I � G'A t..,,� AD
Notary Public, State o� Florida at Large r
ANGIE BRIDGES
;.; I MY COMMISSION # GG 971582
Q EXPIRES: April 20, 2024
Bonded Thru Notary Public Underwriters
BE Aavzm #a dnA You hWW to shm &V doaff'4 PtU%WDD
a°�m
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CITY OF OKEECHOBEE
PLANNING BOARD AND WORKSHOP
55 SE 3RD AVENUE, OKEECHOBEE, FLORIDA 34974
91
OFFICIAL AGENDA
SEPTEMBER 17, 2020
6:00 P.M.
Pursuant to Executive Order No. 20-69, issued by the Office of Governor Ron DeSantis on March 20, 2020, and further extended by
Executive Order No. 20-193, effective August 7, 2020, municipalities may conduct meetings, of their governing boards without having
a quorum of its members present physically or at any specific location and utilizing communications media technology (CMT) such
as a telephonic or video conferencing, as provided by Section 120.54(5)(b)2, Florida Statutes.
CALL TO ORDER
A. Pledge of Allegiance
ATTENDANCE
Chairperson Dawn Hoover
Vice Chairperson Doug McCoy
Board Member Phil Baughman
Board Member Karyne Brass
Board Member Rick Chartier
Board Member Felix Granados
Board Member Mac Jonassaint
Alternate Board Member Joe Papasso
Alternate Board Member Jim Shaw
City Attorney John Fumero
City Planning Consultant Ben Smith
Planning Board Secretary Patty Burnette
General Services Secretary Yesica Montoya
Executive Assistant Robin Brock
III. AGENDA
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
B. Motion to adopt agenda.
IV. MINUTES
A. Motion to dispense with the reading and approve the July 16, 2020, Regular Meeting and
Workshop minutes.
V. OPEN PUBLIC HEARING
A. Consider Land Development Regulations (LDR) Text Amendment Application No. 20-001-
TA, amending Section 90-162 revising permitted uses, and Section 90-165 revising the
minimum lot and structure requirements within the RMH Zoning District (Exhibit 1)
1. Review Planning Staff Report.
2. Public comments or questions from those in attendance or submitted to the Board
Secretary.
3. Disclosure of Ex-Parte Communications' by the Board.
September 17, 2020 Planning Board and Workshop Meeting
Page 1 of 2
PUBLIC HEARING ITEMS CONTINUED
A. LDR Text Amendment Application No. 20-001-TA.
4. Consider a recommendation to the City Council to approve or deny Application.
a) Board discussion.
b) Vote on motion. The recommendation will be forwarded to the Cite Council
for consideration at Public Hearings, tentatively scheduled for October 20,
2020 and November 17, 2020, 6:00 P.M.
B. Consider Land Development Regulations (LDR) Text Amendment Application No. 20-002-
TA, amending Section 70-340 broadening the applicability of the findings required for
granting petitions; Appendix A; Form 1 to clarify the procedures for Comprehensive Plan
Amendment Applications; Form 3 to clarify the procedures for Zoning District Boundary
Change Petitions; creating Form 19 to provide standards and procedures for
administratively initiated Comprehensive Plan FLUM Amendments; creating Form 20 to
provide standards and procedures for administratively initiated Zoning District Boundary
Change Petitions (Exhibit 2)
1. Review Planning Staff Report.
2. Public comments or questions from those in attendance or submitted to the Board
Secretary.
3. Disclosure of Ex-Parte Communications' by the Board.
4. Consider a recommendation to the City Council to approve or deny Application.
a) Board discussion.
b) Vote on motion. The recommendation will be forwarded to the City Council
for consideration at Public Hearings, tentatively scheduled for October 20,
2020 and November 17, 2020, 6:00 P.M.
CLOSE PUBLIC HEARING
VI. RECESS REGULAR MEETING AND CONVENE WORKSHOP
A. Planning Staff Report Topic (Exhibit 3)
1. Holding Property Rezoning lncentivization Program.
ADJOURN WORKSHOP AND RECONVENE REGULAR MEETING
VI 1. ADJOURN MEETING
'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person,
group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made;
disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote
taken. Persons who have opinions contrary to those expressed in the ex-parte communication are given a reasonable
opportunity to refute or respond.
Please be advised that should you intend to show any document, picture, video or items to the Board in support or
opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board
Secretary for the City's records.
ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this
meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and
evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official
records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as
defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services
Department, no later than two business days prior to the proceeding, 863-763-3372.
September 17, 2020 Planning Board and Workshop Meeting
Page 2 of 2
ity of Okeechobee
Date: `=' ..%��.-� p Petition No.
[GeneralServices Department
S.E. 3rd Aventine, Ro®m 101
keechobee, Florida 39974-2903
hone: (863) 763-3372, ext. 218
Fee Paid: 1�/p Jurisdiction:
1S Ffearing: I.,N0 2" Hearing: ?,�;a�
Publication Dates:
Notices Mailed:
Fax: (863) 763-1686
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1
Name of Applicant: it it of
2
Mailing address: CI n, ' l eChi
3
E-mail address: + U 1f�
4
Daytime phone(s):j(Q_
Do you own residential property within the City? Yes (_) No
5
If yes, provide address(es)
Do you own nonresidential property within the City? Yes (_) No
If yes, provide address(es)
6
REQUEST INFORMATION
Request is for: ( Text change to an existing section of the LDRs
7
(� Addition of a permitted use Deletion of a permitted use
(� Addition of a special exception use (_) Deletion of a special exception use
�) Addition of an accessory use (_) Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in strik-eeeut and
additions in underline format. (This description may be provided on separate sheets if necessary.)
8
LDR Amendment Application Page 1 of 3
Staff Report
Land Development Code Text Amendment
Applicant. The City of Okeechobee
Petition No.: 20-00 i -TA
A Ku e,
.i .
Sheet
q 206 Fart Myers, FL
Staff Report
LDC Amendment
Reason for Amendment
Applicant: City of Okeechobee
Petition No. 20-001-TA
The RMH district standards are provided in Division zl of Article III of Chapter 90 of the City's land
development code. Staff became aware of several issues regarding the current Residential
Mobile Home (RMH) district standards and the maximum density allowed in the Single Family
Residential future land use category:
1. Permitted Uses: The list of permitted uses includes types of development that do not
seem correct in the context of the definitions provided for those uses.
2. Required Setbacks: One of the required setbacks seems contrary to the other required
setbacks.
3. Density: The minimum allowed lot size could create a density that would exceed the
maximum allowed density of the single family residential future land use category.
Land:' Development Code Sections Iinvolvedi
Section 90-162 provides the list of permitted uses in the RMH district as follows:
(1) Mobile home subdivision, with one mobile home per lot.
(2) Mobile home park, with one mobile home per lot.
(3) Hurricane shelter.
(4) Public and private schools.
(5) House of worship, on a lot of at least five acres.
(6) Open space.
(7) Public facility or use.
(8) Site -built or modular single-family homes on lots in mobile home parks existing as of August 1, 2007.
Section 90-165 provides lot and structure requirements as follows:
Except where further restricted by these regulations for a particular use, the minimum lot and structure
requirements in the RMH district shall be as follows:
(1)
Minimum area.
a.
Mobile home park:
Area
10 acres
b.
Mobile home subdivision:
Area
10 acres
C.
Recreation vehicle park:
Area
10 acres
(2)
Minimum lot area.
a.
Mobile home and single-family home:
Area
5,000 square feet
Width
50 feet
b.
Other permitted principal uses:
Area
10,000 square feet
Width
100 feet
L-aRU� 1
pf_ann,mg
Staff Report
LDC Amendment
Applicant: City of Okeechobee
Petition No. 20-001-TA
(3)
Minimum yard requirements. Except where a greater distance is required by these regulations for a
particular use, the minimum yard setbacks in the RMH district shall be as follows:
�.
District yard mininnun:
20 feet on all property b0U11darlC5
Front
20 feet
b.
Mobile home and single-family home:
Side
10 feet
Rear
10 feet
Front
25 feet
C.
Other permitted principal uses:
Side
20 feet
Rear
20 feet
(4)
Maximum lot coverage by all buildings.
Maximum Coverage
Maximum Impervious
Surface
Mobile home, recreation vehicle and single-family
a.
home:
50 percent
50 percent
b.
Other permitted principal uses:
30 percent
50 percent
(5)
Maximum height of structures.
Except where further restricted by these regulations for a particular use, the maximum height shall be as
follows: All uses shall be 30 feet.
Section 66-1 provides the definition of mobile home pork and the definition of mobile home
subdivision as follows:
Mobile home park means land under single ownership which is used to supply to the public spaces for the
placement and occupancy of two or more mobile homes as dwelling units.
Mobile home subdivision means a subdivision of land for the sale of lots for the placement and occupancy
of mobile homes as dwelling units.
Permitted Uses
Based on the definitions of mobile home park and mobile home subdivision, there are a few
issues with the list of permitted uses in the RMH district. Subsection 90-162(2) lists "mobile
home park, with one mobile home per lot" as a permitted use. However, the definition of
mobile home park requires that the park must be under single ownership. While this could
mean an area with separate lots all owned by the same entity, it is more typically one parcel of
land owned by one entity, with multiple mobile home sites for rent/lease by that entity. This
use, as listed in section 90-162(2) should be revised to be consistent with the definition of a
mobile home park.
According to staff reports and meeting minutes from the adoption of Ordinance 997,
subsection 90-162(8) was added in August 2007 with the intent of allowing redevelopment of
lots in the RMH district with single family homes in place of mobile homes. Previously, single
LaRue
pianni.ng
Staff Report Applicant: City of Okeechobee
LDC Amendment Petition No. 20-001-TA
family homes were not a permitted use in the RMH district. However, the wording of this
section is problematic as it specifies mobile home parks, leaving out mobile home subdivisions,
and could have several interpretations.
Based on the definitions of mobile home park and mobile home subdivision, as well as the City's
desire to allow redevelopment of RMH lots with single family homes, this subsection should be
revised to allow site built of modular single family homes on any lot. A new subsection (9) should
also be added to clarify that mobile homes and single family homes should be permitted on
existing undersized lots. Except for the permitting of the mobile homes, this is consistent with
section 90-32(a) which provides for development of nonconforming residential lots as follows:
A lot in a residential zoning district which is nonconforming because of insufficient area, which has at least
4,000 square feet and 40 feet frontage, and was in separate ownership on the date of enactment of these
regulations, may be used to build a single-family dwelling
Rep aired Se-tbacks
Section 90-165(3)(a) seems to contradict the setbacks allowed in subsection (b) and (c).
Subsections (b) and (c) seem to cover all potential structures and subsection (a) requires
greater setbacks than the minimum allowed under subsection (b). Since the 10 foot rear and
side setbacks allowed under section (b) do seem appropriate, we recommend that subsection
(a) be stricken from the code.
Dew
The RMH zoning district is only permitted within the single family residential future land use
category, the standards for which are provided in Future Land Use Policy 2.1(a) of the City's
Comprehensive Plan as follows:
Single -Family Residential. Permitted uses include single-family dwellings, mobile home parks, houses of
worship, public and private schools, public facilities, limited agriculture and accessory uses customary to
permissible uses. Other uses related to and consistent with low density residential development such as
boarding houses, bed and breakfasts, adult family care homes, assisted living facilities, community centers,
indoor and outdoor recreation and public utilities may be pennissible under certain circumstances.
(1) Maximum density is four units per acre for residential units on individual lots, and six units per acre
for mobile home parks. Where affordable housing is provided in accordance with housing Policy 1.6,
the maximum density for single family development shall be five units per acre.
(2) Zoning districts considered appropriate within this future land use category include Rural Heritage
(RH), Residential Single -Family One (RSF 1), Residential Mobile Home (RMH), and Residential
Planned Unit Development (PUD-R).
LaKI,c
pFanni.ng
Staff Report
LDC Amendment
Applicant: City of Okeechobee
Petition No. 20-001-TA
Section 90-165(2)(a) allows for minimum lot sizes of 5,000 square feet for mobile homes and
single family homes. If a mobile home subdivision were to be created with 5,000 square foot
lots, the density would be 8.7 dwelling units per acre. This is inconsistent with the City's
comprehensive plan, as this density is greater than the maximum density of 6 units per acre
that is permitted by future land use policy 2.1(a). If the City would like to ensure compliance
with policy 2.1(a), then the minimum area required for each mobile home in the RMH district
should be 7,260 square feet.
Proposed Amendment
The above issues were discussed with the Planning Board at a workshop on August 20, 2020. It
was generally agreed upon that:
• The 20 foot minimum yard setback required in Section 90-165(3)(a) should be removed.
• Redevelopment of lots in the RMH district with single family dwellings to replace mobile
homes should be permitted and encouraged.
• The maximum densities allowed by the Single Family Residential Future Land Use
Category should remain unchanged.
• No new subdivisions or lot splitting should be permitted which is inconsistent with the
maximum densities allowed by the comprehensive plan; and that the permitted uses
and lot area requirements of the RMH district should be amended to achieve this
Please see the attached proposed ordinance which, if approved, will amend the RMH district
standards.
Submitted by
Benjamin L. Smith, AICP
Sr. Planner
LaRue Planning
September 8, 2020
Planning Board Meeting: September 17, 2020
City Council 1 st Reading: (tentative) October 20, 2020
City Council 2nd Reading and Public Hearing: (tentative) November 17, 2020
L-K(!e 4
ptannmg
ORDINANCE NO. 2020=)(X
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
DIVISION 4 OF ARTICLE III OF CHAPTER 90 OF THE LAND
DEVELOPMENT CODE OF THE CITY OF OKEECHOBEE; AMENDING
SECTION 90-162, REVISING PERMITTED USES IN THE RMH ZONING
DISTRICT; AMENDING SECTION 90-165, REVISING MINIMUM LOT AND
STRUCTURE REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABIlLITY; PROVIDING FOR CODIFICATION; PROVIDED FOR
AN EFFECTIVE DATE.
WHEREAS, Florida Statute 166.01 authorizes cities to establish, coordinate and enforce zoning
and development laws that are necessary for the protection of the public; and
WHEREAS, the City of Okeechobee desires to update its Land Development Code; and
WHEREAS, the City of Okeechobee Land Development Code is intentionally modified to be
relevant and to encourage development and redevelopment; and
WHEREAS, the City of Okeechobee Land Development Code is wholly consistent with the City's
Comprehensive Plan and the Florida Community Planning Act; and
WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby
finds such Land Development Code text amendment to be consistent with the City's
Comprehensive Plan and deems it in the best interest of the inhabitants of said City to
amend the Land Development Code as hereinafter set forth.
NOW, THEREFORE, be it ordained before 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; that:
SECTION 1: RECITALS ADOPTED. Each of the above stated recitals is true and correct
and incorporated herein by this reference:
SECTION 2: CITY CODE AMENDED. The City of Okeechobee Land Development Code is
hereby revised as follows:
CHAPTER 90 — ZONING
ARTICLE III. — DISTRICTS AND DISTRICT REGULATIONS
DIVISION 4. — RESIDENTIAL MOBILE HOME (RMH) DISTRICT
Ordinance No. 2020-XX Page 1 of 4
Sec. 90-161. - Generally.
(a) Residential mobile home (RMH) zoning districts shall be permitted only on land designated as future land
use category single-family residential in the comprehensive plan.
(b) Uses in residential mobile home (RMH) zoning districts shall be subject to the regulations of this division.
Sec. 90-162. - Permitted uses.
The following principal uses and structures in the RMH district are permitted:
(1) Mobile home subdivision, with one mobile home per lot.
(2) Mobile home park, with one mobile home per tasite (each site meeting the lot and site area requirements
of Section 90-165(2)(a).
(3) Hurricane shelter.
(4) Public and private schools.
(5) House of worship, on a lot of at least five acres.
(6) Open space.
(7) Public facility or use.
(8) Site -built or modular single-family homes4DR 19tS iR M919116 hGFR8 PaFks exi6ting as of August 1, 2Q97.
(9) Mobile homes and single-family homes on undersized lots that have existed since August 1 2007
Sec. 90-163. - Special exception uses.
The following uses and structures are permitted in the RMH district after issuance of a special exception use
petition and may have additional conditions imposed at the time of approval:
(1) Adult family care homes or assisted living facilities as provided by law.
(2) Day care center.
(3) House of worship on a lot less than five acres.
(4) Recreation vehicle park for transient recreation use only.
(5) Community center.
(6) Indoor recreation.
(7) Outdoor recreation.
(8) Golf course.
(9) Public utility.
Sec. 90-164. - Customary accessory uses.
Each permitted principal use and special exception use in the RMH district is also permitted to have the
customary accessory uses for that use.
Sec. 90-165. - Lot and structure requirements.
Except where further restricted by these regulations for a particular use, the minimum lot and structure
requirements in the RMH district shall be as follows:
Ordinance No. 2020-XX Page 2 of 4
(1)
Minimum area.
a.
Mobile home park:
Area
10 acres
b.
Mobile home subdivision:
Area
10 acres
C.
Recreation vehicle park:
Area
10 acres
(2)
Minimum lot and site area.
Area
-7,620 square feet
a.
Mobile home aAd single family heFse:
Width
50 feet
Area
10,000 square feet
b.
Single Family Home:
Width
50 feet
Area
10,000 square feet
;c.
Other permitted principal uses:
Width
100 feet
Minimum yard requirements. Except where a greater distance
is required by
these regulations for a
(3)
particular use, the minimum yard setbacks in the RMH district shall be as follows:
Front
20 feet
a.
Mobile home and single-family home:
Side
10 feet
Rear
10 feet
Front
25 feet
b.
Other permitted principal uses:
Side
20 feet
Rear
20 feet
(4)
Maximum lot coverage by all buildings.
Maximum Impervious
Maximum Coverage
Surface
Mobile home, recreation vehicle and single -
a•
family home:
50 percent
50 percent
b.
Other permitted principal uses:
30 percent
50 percent
Ordinance No. 2020-XX Page 3 of 4
(5) Moximum height of structures.
Except where further restricted by these regulations for a particular use, the maximum height shall be
as follows: All uses shall be 30 feet.
SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: INCLUSION IN THE CODE. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Okeechobee.
SECTION n: SEVERAEILITY. 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 6: 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
ATTEST: Dowling R. Watford, Jr., Mayor
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this day of
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John Fumero, City Attorney
Dowling R. Watford, Jr., Mayor
Ordinance No. 2020-XX Page 4 of 4
ORDINANCE NO. 2020-XX
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA;
AMENDING DIVISION 4 OF ARTICLE III OF CHAPTER 70 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF OKEECHOBEE;
AMENDING SECTION 70-340, BROADENING THE APPLICABILITY
OF THE FINDINGS REQUIRED FOR GRANTING PETITIONS;
AMENDING APPENDIX A OF THE LAND DEVELOPMENT CODE OF
THE CITY OF OKEECHOBEE; AMENDING FORM 1 TO CLARIFY THE
PROCEDURES FOR COMPREHENSIVE PLAN AMENDMENT
PETITIONS; AMENDING FORM 3 TO CLARIFY THE PROCEDURES
FOR ZONING DISTRICT BOUNDARY CHANGE PETITIONS;
CREATING FORM 199 TO PROVIDE STANDARDS AND
PROCEDURES FOR ADMINISTRATIVELY INITIATED
COMPREHENSIVE PLAN FUTURE LAND USE MAP ,AMENDMENTS;
CREATING FORM 20 TO PROVIDE STANDARDS AND
PROCEDURES FOR ADMIN[l&FRAT IVELY INITIATED ZONING
DISTRICT BOUNDARY CHANGE PETITIONS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statute 166.01 authorizes cities to establish, coordinate and enforce
zoning and development laws that are necessary for the protection of the public;
and
WHEREAS, the City of Okeechobee desires to update its Land Development Code; and
WHEREAS, the City of Okeechobee Land Development Code is intentionally modified to
be relevant and to encourage development and redevelopment; and
WHEREAS, the City of Okeechobee Land Development Code is wholly consistent with
the City's Comprehensive Plan and the Florida Community Planning Act; and
WHEREAS, the City Council agreed with the recommendation of the Planning Board and
hereby finds such Land Development Code text amendment to be consistent with
the City's Comprehensive Plan and deems it in the best interest of the inhabitants
of said City to amend the Land Development Code as hereinafter set forth.
NOW, THEREFORE, be it ordained before 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; that:
SECTION 1: RECITALS ADOPTED. Each of the above stated recitals is true and
correct and incorporated herein by this reference:
SECTION 2: CITY CODE AMENDED. The City of Okeechobee Land Development
Code is hereby revised as follows:
CHAPTER 70 —ADMINISTRATION
ARTICLE III. —ADMINISTRATIVE PROCEDURES AND REQUIREMENTS
DIVISION 4. —APPLICATION REQUIREMENTS
Sec. 70-340. - Findings required for granting petitions.
All petitions for change of land development regulations and change of zoning district boundary shall
be considered in relation to the following criteria, where applicable. In acting upon a petition-` -a
, the city council, planning board, or board of adjustment, as appropriate, shall find that:
(1) The is not contrary to comprehensive plan requirements.
(2) The use is specifically authorized under the zoning district regulations applied for.
(3) T`-re-useApproval of the request will not have an adverse effect on the public interest.
(4) The use is appropriate for the location proposed, is reasonably compatible with adjacent uses,
and is not contrary or detrimental to urbanizing land use patterns.
(5) Tn,1L-PApproval of the request lest will not adversely affect property values or living conditions, nor
be a deterrent to the improvement or development of adjacent property.
(6) The use can be suitably buffered from surrounding uses, so as to reduce the impact of any
nuisance or hazard to the neighborhood.
(7) i-ae ucApproval of the request will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services.
(8) Tae- Approval of the request will not create traffic congestion, flooding or drainage problems,
or otherwise affect public safety.
(9) The use has not been inordinately burdened by unnecessary restrictions.
APPENDIX A - APPLICATION FORMS AND CONTENT REQUIREMENTS
Form 1. - Comprehensive plan amendment petition.
1. Petition contents. Comprehensive plan amendment petition shall be submitted on the appropriate
application form and comprises the following:
a. Petitioner's name, address, phone number.
b. Reason for requesting the amendment.
c. Details of the requested amendment.
d. Supplementary supporting information.
e. Information and documents requested by city administrator prior to public hearing.
f. Application fee.
2. Processing. Comprehensive plan amendment petitions are processed as follows:
a. Applicant submits petition to general services department.
b. Administrator reviews petition, initiates processing, issues notice of 4PFAplanning board public
hearing.
c. Planning board holds public hearing, forwards advisory recommendation to city council.
d. Administrator issues notice of -.city council public hearing.
e. City council holds public hearing, renders final decision on petition.
Form 3. - Zoning district boundary change petition.
1. Petition contents. Zoning district boundary change petition shall be submitted on the appropriate
application form and comprises the following:
a. Petitioner's name, address, phone number.
b. Proof of interest in property.
c. Property survey and location map.
d. Property owner's list.
e. Site development plan.
f. Statement of use.
g. Supplementary supporting information.
h. Impact analysis.
i. Application fee.
2. Processing. Zoning district boundary change petitions are processed as follows:
a. Applicant submits petition to general services department.
b. Administrator reviews petition, initiates processing, issues notice of 'planning board public
hearing.
c. Planning board holds public hearing, forwards advisory recommendation to city council.
d. Administrator issues notice of city council public hearing.
e. City council holds first public hearing renders decision
f. if approved Administrator issues notice of second citv council aublic hearina.
g. City council holds second public hearing, renders final decision on petition
Form 19. — Administratively Initiated comprehensive plan future land use map amendment
1. Petition contents. Comprehensive plan future land use map amendments initiated by the City of
Okeechobee shall be presented by city staff in a report which includes the following:
a List of propertV owners.
b Location map identifying subiect propertV.
C. Future Land Use Map identifying subject propertV.
d. Zoning Map identifying subject property.
e Legal description of subiect propertV
f. Reason for amendment
d Supplementary supporting information.
e Information and documents requested by city administrator prior to public hearing.
2 Processing. Administratively initiated comprehensive plan amendment petitions are processed as
follows:
a Staff prepares a report on the proposed map change.
b. Administrator reviews petition, initiates processing issues notice of public hearing.
C. Planning board holds public hearing forwards advisory recommendation to city council.
d. Administrator issues notice of city council public hearing.
e City council holds public hearing renders final decision on petition.
Form 20 —Administratively Initiated zoning district boundary change petition.
1 Petition contents Zoning district boundary changes initiated by the, City of Okeechobee shall be
presented by city staff in a report which includes the following:
a. List of propertV owners.
b. Location map identifying subiect property,
c Future land use map identifying subiect propertV.
d Zoning map identifying subject property.
e Legal description of subject property
f. Reason for rezoning
g Supplementary supporting information.
h Information and documents requested by city administrator prior to public hearing.
2 Processing Administratively initiated zoning district boundary change petitions are processed as
follows:
a Staff prepares a report on the proposed map change.
b Administrator reviews staff report initiates processing issues notice of planning board hearing.
c Planning board holds public hearing forwards advisory recommendation to city council.
d Administrator issues notice of first city council public hearing.
e City council holds first public hearing renders decision.
d If approved Administrator issues notice of second city council public hearing.
f. City council holds second public hearing renders final decision.
SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: INCLUSION IN THE CODE. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Okeechobee.
SECTION 5: SEVERADILITY. 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 5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
passage.
INTRODUCED for First Reading and set for Final Public Hearing on this clay of
ATTEST: Dowling R. Watford, Jr., Mayor
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this day of
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John Fumero, City Attorney
Dowling R. Watford, Jr., Mayor
Ordinance No. 2020-XX Page 5 of 5
City of Okeechobee
Date: "l..s:�h Petition No. 0007-7P
General Services Department
55 S.E. 3d Avenue, Room 101
Okeechobee, Florida 39974-2003
Phone: (363) 763-3372, ext. 213
Fee Paid: Jurisdiction: C
Is Hearing: -'_I 1 ��; 2" Hearing:
Publication Dates:
Fax: (363) 763-1636
Notices Mailed: �lfa
APPL !ICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1
Name of Applicant: C�t OhPPr^�?;��-
2
Mailing address: 95
3
E-mail address: ; hu. W..( 4-c
4
Daytime phone(s):
Do you own residential property within the City? (_) Yes (_) No
If yes, provide address(es)
6
Do you own nonresidential property within the City? (�) Yes () No
If yes, provide address(es)
6
REQUEST INFORMATION —
Request is for: Text change to an existing section of the LDRs
7
(_) Addition of a permitted use Deletion of a permitted use
(� Addition of a special exception use Deletion of a special exception use
(_) Addition of an accessory use (_) Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and
additions in underline format. (This description may be provided on separate sheets if necessary.)
3
LDR Amendment Application Page I of 3
Staff Report
Land Development Code Text Amendment
Applicant: The City of Okeechobee
Petition No.: 20-002-TA
Staff Report Applicant: City of Okeechobee
LDC Amendment Petition No. 20-002-TA
Based on direction from the Board at the July workshop and discussion of this issue at the August
Workshop, the attached proposed Ordinance presents land development code amendments that
will allow the City of Okeechobee to initiate zoning map changes and future land use map
changes with less requirements than are currently required for map changes requested by
property owners. As staff confirmed with other local governments, no survey is required for a
city initiated rezoning or a city initiated future land use map amendment. Identifying the subject
property on maps and providing a legal description is sufficient. Minor changes to the processing
procedures of applicant -initiated map changes are also proposed in order to more clearly align
with the manner in which requests are actually processed.
In addition to new application requirements proposed in Appendix A, some minor revisions are
also proposed to Section 70-340 in order to broaden the applicability of the required findings for
zoning map changes and land development code changes.
Submitted by:
Benjamin L. Smith, AICP
Sr. Planner
LaRue Planning
September 8, 2020
Planning Board Meeting: September 17, 2020
City Council 1st Reading: (tentative) October 20, 2020
City Council 2nd Reading and Public Hearing: (tentative) November 17, 2020
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Staff Report
To: Okeechobee Planning Board
From: Ben Smith, AICP
Meeting Date: September 17, 2020
Subject: Workshop - Holding Property Rezoning Incentivization Program
As directed by the Planning Board at the August workshop, the purpose of this report is to provide
discussion points for the formulation of a program to incentivize owners of properties zoned Holding to
request rezoning to another zoning district.
At one time, the City's land development code contained regulations for the development of properties
zoned Holding. However, several years ago, the Holding district regulations were removed from the
land development code. Currently, if any property owner of land zoned Holding is seeking to develop
that property, a rezoning must be performed first.
As members of the City Council and Planning Board have pointed out, the rezoning process can be an
uncertain and cost prohibitive process for some property owners and prospective property buyers. If
the goal of the City is to encourage properties owners of Holding properties to rezone, then the City
may consider instituting a temporary program that provides some incentivization to rezone by reducing
the requirements, lowering the application fee, and providing more certainty to the outcome of the
rezoning process.
Determine application requirements including application fees
Currently, for rezoning application to be considered complete and sufficient, Appendix A of the City's
Land Development Code requires the following to be submitted by the applicant:
a) Petitioner's name, address, phone number.
b) Proof of interest in property.
c) Property survey and location map.
d) Property owner's list.
e) Site development plan.
f) Statement of use.
g) Supplementary supporting information.
h) Impact analysis.
i) Application fee.
As part of the incentivization program, the City could reduce these rezoning application requirements
in a few ways. The City could allow Holding property owners to submit their application without a survey
and location map, instead requiring only a legal description and parcel number. Additionally, a site
development plan and impact analysis are also not completely necessary.
Appendix C of the City's Land Development Code requires a rezoning application fee of $850 plus
$30/acre. According to records provided by City staff, the application fee for 20-001-R was $936.10
and the City spent $674.24 on advertising and mailing costs. The application fee for 20-002-R was
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$850 and the City spent $549.58 on advertising and mailing costs.
In addition to the direct costs of advertising and mailing, there are other costs that the City has assumed
including planning consultant time, administrative staff time, and in some rezoning situations more than
others, attorney time. At this time, these costs are not billed directly, back to the applicant. The
administrative staff that work on these items are employed by the City to perform a multitude of tasks,
of which processing rezoning applications is only a small part. Similarly, the planning consultant and
attorney contracts include a minimum number of hours to be billed to the City, and processing or
providing services on rezoning applications are generally assumed within those minimum number of
hours.
Ultimately, it must be a City policy and budgeting decision whether to reduce the fees or set fees
differently for any application. Considering the advertising costs, mailing costs, consultant time and
administrative staff time spent on each rezoning request, reducing the rezoning application fees would
likely be a subsidization. However, reducing fees, even if only moderately, would provide some
incentivization for Holding property owners or prospective buyers to initiate a rezoning.
Identify map changes that the City will support
There are currently 55 parcels of land within the City that are zoned Holding. A few of these parcels
are developed, though most are undeveloped or used for agricultural purposes. Most of the Holding
properties are designated as Single Family Residential on the Future Land Use Map, though there are
two with Commercial designations and one with Mixed Use Residential.
Staff has already prepared a report outlining the existing land use, surrounding land uses, future land
use map designation and recommendations for map changes for nearly every Holding parcel. These
recommendations should be discussed, revised as necessary and formalized by the Planning Board.
Then, if Holding property owners request a rezoning according to the City's formally supported map
changes, they can have confidence that the request will be approved.
Decide how Holding property owners should be notified of this program
To ensure that Holding property owners are aware of the program and the incentives, property owners
should be made aware of this program by the City. Ideally, a notice would be mailed to each property
owner, with the notice being somewhat specific for each property to describe the map change that is
supported by the City for their property. If phone and/or email contacts are known, staff could also
reach out to property owners through those methods.
Adopt an Ordinance to implement the Holding property rezoning incentivization program
Once the specifics of the program have been determined, staff will prepare an ordinance to formally
adopt the program. The Ordinance should include:
1) Application requirements including application fee
2) Provisions for mailing notices to Holding property owners regarding the existence of this
program and the incentives of this program.
3) An application form specifically created for this program
4) List of map changes that are formerly supported by the City.
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