Loading...
1219 LDR #20-002-TAORDINANCE NO. 1219 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 70 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF OKEECHOBEE; AMENDING SECTION 70-340, BROADENING THE APPLICABILITY OF THE FINDINGS REQUIRED FOR GRANTING PETITIONS; AMENDING FORM 1 OF APPENDIX A TO CLARIFY THE PROCEDURES FOR COMPREHENSIVE PLAN AMENDMENT PETITIONS; AMENDING FORM 3 OF APPENDIX A TO CLARIFY THE PROCEDURES FOR ZONING DISTRICT BOUNDARY CHANGE PETITIONS; CREATING FORM 19 IN APPENDIX A TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS; CREATING FORM 20 IN APPENDIX A TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED ZONING DISTRICT BOUNDARY CHANGE PETITIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations in order to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 20-002-TA, at a duly advertised Public Hearing held on September 17, 2020, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. 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: Amendment and Adoption to Section 70-340. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Chapter 70-Administration, Article III -Administrative Procedures and Requirements, Division 4- Application Requirements, Section 70-340 Findings Required for Granting Petitions as follows: 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) The request is not contrary to comprehensive plan requirements. (2) The use is specifically authorized under the zoning district regulations applied for. (3) Approval of the request will not have an adverse effect on the public interest. Ordinance No. 1219 - Page 1 of 4 Language to be added is underlined. Language to be deleted is sawsk through. (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) Approval of the request 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) Approval of the request will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) 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. SECTION 3: Amendment and Adoption to Appendix A -Applications, Forms, and Content Requirements, Form 1-Comprehensive Plan Amendment Petition. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A -Applications Forms and Content Requirements, Form 1-Comprehensive Plan Amendment Petition as follows: 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 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 public hearing, renders final decision on petition. SECTION 4: Amendment and Adoption to Appendix A -Applications, Forms, and Content Requirements, Form 3-Zoning District Boundary Change Petition. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A -Applications Forms and Content Requirements, Form 3-Zoning District Boundary Change Petition as follows: Appendix A -Applications Forms and Content Requirements, 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. Ordinance No. 1219 - Page 2 of 4 Language to be added is underlined. Language to be deleted is struGk through. 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 city council public hearing. g. City council holds second public hearing, renders final decision on petition. SECTION 5: Addition and Adoption of Appendix A -Applications, Forms, and Content Requirements, Form 19-Administratively Initiated Comprehensive Plan Future Land Use Map Amendment. That the City Council for the City of Okeechobee, Florida, adds herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A -Applications Forms and Content Requirements, Form 19-Administratively Initiated Comprehensive Plan Future Land Use Map Amendment as follows: Appendix A -Applications, Forms, and Content Requirements, Form 19_Administratively Initiated comprehensive plan future land use map amendment. 1. Application 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 property owners. b. Location map identifying subject property. C. Future Land Use Map identifying subject property. d. Zoning Map identifying subject property. e. Legal description of subject property_ 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 applications are processed as follows: a. Staff prepares a report on the proposed map change. b. Administrator reviews application, 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 application. SECTION 6: Addition and Adoption of Appendix A -Applications, Forms, and Content Requirements, Form 20-Administratively Initiated Zoning District Boundary Change Petition. That the City Council for the City of Okeechobee, Florida, adds herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A -Applications Forms and Content Requirements, Form 20-Administratively Initiated Zoning District Boundary Change Petition as follows: Appendix A -Applications, Forms, and Content Requirements, 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 property owners. b. Location map identifying subject property. C. Future land use map identifying subject property. d. Zoning map identifying subject property. e. Legal description of subject property f. Reason for rezoning g. Supplementary supporting information. Ordinance No. 1219 - Page 3 of 4 Language to be added is underlined. Language to be deleted is struck throHgh. 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. f. If approved, Administrator issues notice of second city council public hearing. 9_ City council holds second public hearing, renders final decision. SECTION 7: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 9: 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 10: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 20th day of PQrAober, 2020. Dowling R. at ord, Jr., Mayor ATT ST: "l Lane amiotea,ICMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of November, 2020. Dowling R. W tford, Jr., Mayor ATT, ST; i Eand Gamiote , CIVIC, City Clerk R7777!��= : John FLf6ero, City Attorney Ordinance No. 1219 - Page 4 of 4 Language to be added is underlined. Language to be deleted is stWk-threugh. City of Okeechobee Date: 8_0 LWO Petition No. :RC)—OOo?—TA General Services Department Fee Paid: jo h Jurisdiction: a� CC 55 S.E. 3`d Avenue, Room 101 1S Hearing: q_17_ad 2" Hearing: (p_4_ap � _17aD Okeechobee, Florida 39974-2903 Publication Dates: Phone: (863) 763-3372, ext. 218 Notices Mailed: 111A Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: C!N b f O`?eC'hOh 2 Mailing address: 55 ,[ 3td Aveoue ` i(Leec l o f. tun c, 3 E-mail address: kuv P 6+11 ipW"ckob"' (I 4 Daytime phone(s): Q��a 3-`� ��,3 - 9 Q �-o Do you own residential property within the City? Yes (_) No If yes, provide address(es) 5 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 (� Addition of a permitted use Deletion of a permitted use 7 (� 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 str+keout and additions in underline format. (This description may be provided on separate sheets if necessary.) &e 8 LDR Amendment Application Page I of 3 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) 9 REQUIRED ATTACHMENTS Non-refundable application fee of $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - 10 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 LDR Amendment Application Page 2 of 3 FINDINGS REQUIRED FOR GRANTING A CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16 as modified for a text amendment) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change and its likely effects: 1. Are not contrary to Comprehensive Plan requirements. 2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected. 3. Will not have an adverse effect on the public interest. 4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning districts affected, and is not contrary or detrimental to urbanizing land use patterns. 5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of other properties in the zoning district(s) affected or nearby thereto. 6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions. Your responses to these findings should be as descriptive as possible. Attach additional pages as may be necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. LDR Amendment Application Page 3 of 3 . 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 Count , Florida, that the attached copy of an advertisement being a�, e�'� in the matter of c:"Ae,1r-rx'ci,["w-, in the 19th Judicial District of1the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advero, ement for publication in the said newspaper. Katrina Elsken Muros Sworn. to and subscribed brf re me this ii ++�� t day of `t`" D1 1V'_:L'' <'7� Notary Public, Stater of Florida at Large [=q GIEBRIDGES SSION# GG 971582 S: April 20, 2024 otary Public Underwriters MYORDVWICE may ee XM ,:mod and oatbcOOe In said tW "s)ortneme m . shm BEADY SEDW=Tltm,da osibionof a dn,e a"1e'' n,e ay bra n,e or�s,em,�anromm by the CityCM-1Yvlh Bmadeandn,erem,d need ew+e a ve,baU n ,emrdJaWat u aPPml bbaqA In ind,desthe restG,nry and evtla�x "`*�VysW =npwu � o1 70%14, in ft g1 � {tetay7-?1ro�rffmfarbummcaysPdaWP ' 1 ON 11/4j= ® Lake Okeechobee News WIM 107 SW 17th Street, Suite D ® 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, that the attached copy of an `J advertisement being a 11" •�'" t. r' �i .. t' in the matter of �r'>'z: t. •"^:t, 1 lr ^;s 2 - °,a" - a "i in the 49'th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros Sworn to and subscribed ) efore me this. 1.: day of ?AD r Notary Public, State of Florida at Large ANGIE BRIDGES .k MY COMMISSION # GG 971582 EXPIRES: April 20, 2024 Bonded Thru Notary Public Underwriters UPUBBLICot EECHOBEE LAND DEVELOPMEWREMLATION7EXFAMFNDMEW A PUBLIC IIEARIW wig be held Wore the Oty d Oleadobes Pmrc Baal. (PB), nheetthg as the lad P1',- AyU on Sep. 17, anzo, b PM, p' as shoo thaaeftar as pea ' a[ Q'/ltal, 55 SE 3d Aye, Rm 7D(1, aged obee R m wnsider and nem6e Lhprt on Lana P- Wrs Riltlah Na 21- -- 1 to ame{d Se�lah 76340, l>toadaitg the�ppL�b� dune -Fes fa4 JPmnMiendma�tAppi tbrG 1 to �rYy tlieYpoaed<+c%r Farm 3 totiardv tl�etc) piomduesfbr BoimdaiY Ounge R�ibrr ht- y�Carhpethefh.e � Fuhae land use t��adn9 Porn 2D. to prwde standard; and porgy far adrraa.4� zmVS DiAr d Borrhdary Otahge x9 r�s View the Pr:GTbn m the webvle�dy�o-r fokeediobeewMl�icihot�htrrhl err err the adrte� above dutg oRer lxdrheahauSMarFl46At4430PM,a�ptfortroida,'s.ThePBwil a roomer mtheQvCoonclforoo atbnatWbIcFla�rYxy7H'IfA- IlV�Ysdhaldedfor6 onOd.20,9)2BardNor.1,,202u. gffKQXnMej3t Cajberis haveopWmtnahbrrikpubkoom sends and/or question by 3.•00 PM the day of Use nweW ; submit in aloess and mpic d mntnerd• or cal the Sew�es Offioe, Bs�-ra-9a2r�, m aaa�ae w� n� � an e,�pwyee err Leap a de�8ed wive naeshsage wdh a d bade ran+nber Oonrragrts wrN be read aloud *v" the oorresp00dn9 �(s) d the naatbag. fbrdad: Gnaeral Services wam aan�yy g�tr�3ors. lYadetoe, —nony and ar9trnartxdaidda k offered wtmag lTfr.ra0 beatforded egrd oxissileralbm as if lb were offered In person. Priors Ya�+adig >n offer sworn tesfi rarry are respasidle or naakig appropriate aw• r nrya„eMsforoffering s„amh r„wy.Thepubicktr+imbaatrend; sshbrg is f " ki amor"ice wfh 6eaRhe Mr mwr526 793. Mn Kies ay dd rneedrgs of tlra rooming boards with havYg a quonm of isrtanbcrspr�ht Oo+TrTa)�ayspedcbmtl�an,anduUmVomm- prEe by �5)(b}2, F5. The P$ .w mndid Us rreetkV kpffmn alo s the Pcortsthibe 9, � and pn "U*aba � bPmP�,. d�P, roue meehrgw1 be p on ute dya(WxhDbwjmWag�s. htrr�. �RoNn Brodl BEFORE 420 PM an the dry or the meU g, 863-7639612fixas kIwoe BEADVISEDfiatshmldy014phaidob�"aiirydONilef'at Pdurror ,Gvimdpmy aport theeddoaanrienkpndurp,vdoo °arphm iusttbe�pprlp�pry1I1I�dp07df1t ltte&aedseaebry for the Uy� moods ANY PERSOONwa ryDE®17 10 APPEAL arty datum r N�ai4+he e a ebMln rem d of the oweedrnab �is madeard�iem dd Wiles the testi and evidahoa upm wfYdh the appeal wl be baasetl fn ® ardahoa wlh the A erimm wih Dbabif P4 Persons wih noadrhgqxxWaoamnabUontopab atehshoddmrdad the Ceia l Serwo_s Offm h peisxh or cal BGi-75�4, F1avE Trt�ir�: Flaw faday 7-1-1 no bier lim far busiiess this Prtxto By: Zoo" AdY*W" Maws Mothffi De04 PeMort Na ZMIA 42D423ON9/2,9%4M CITY OF OKEECHOBEE, Office of the City Clerk 55 SE 3rd Avenue, Okeechobee, FL 34974 Email Transmittal 863-763-3372 x 9814 To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept. Attention: legalads@ newszap.com From: Bobbie Jenkins, Deputy Clerk, bjenkins@cityofokeechobee.com Ad Type: Legal I Publish On: Wed. 9/2 & 9/9 1 Proof of Affidavits : 1 Authorized By: Date: Email Date/Time: Ad/Order # Amount: Proofed By: Date to Finance: Draw #: PO #: Check #: Mailed On: CITY OF OKEECHOBEE PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT A PUBLIC HEARING will be held before the City of Okeechobee Planning Board (PB), meeting as the Local Planning Agency, on Sep. 17, 2020, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 31d Ave, Rm 200, Okeechobee, FL, to consider and receive input on Land Development Regulations (LDR) Petition No. 20- 002-TA proposing 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 Amendments; creating Form 20 to provide standards and procedures for administratively initiated Zoning District Boundary Change Petitions. View the Petition on the website cityofokeechobee.com/public-notice.html, or at the address above during regular business hours, Mon -Fri, 8 AM-4:30 PM, except for holidays. The PB will offer a recommendation to the City Council for consideration at Public Hearings TENTATIVELY scheduled for 6 PM on Oct. 20, 2020 and Nov. 17, 2020. Public Comment: Citizens have options to submit public comments and/or questions by 3:00 PM the day of the meeting; submit in writing to pburnette@cityofokeechobee.com including your name, address and topic of comment; or call the General Services Office, 863-763-9824, to dictate your message to an employee or leave a detailed voice message with a call back number. Comments will be read aloud during the corresponding item(s) of the meeting. Contact General Services with any questions. Evidence, testimony and argument which is offered utilizing CMT shall be afforded equal consideration as if it were offered in person. Persons intending to offer sworn testimony are responsible for making appropriate arrangements for offering sworn testimony. The public is invited to attend; seating is limited in accordance with Executive Order #20-193. 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 telephone or video conferencing, as provided by Sec. 120.54(5)(b)2, F.S. The PB may conduct this meeting using CMT to constitute a quorum via Zoom.com, a web -based virtual meeting platform allows the PB, Staff, and public to participate via laptop, desktop, smartphone, or telephone. Instructions to participate in the meeting will be published with the agenda on the website at cityofokeechobee.com/agendas.html. Contact Robin Brock BEFORE 4:30 PM on the day of the meeting, 863-763-9812 for assistance. BE ADVISED that should you intend to show any document, picture, video or items to the PB 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 PB with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the General Services Office in person or call 863-763-9824, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Zoning Administrator Marcos Montes De Oca, Petition No. 20-002-TA Bobbie Jenkins From: City Attorney Sent: Monday, September 28, 2020 4:54 PM To: Bobbie Jenkins Cc: Lane Gamiotea; J.J. Smith Subject: RE: 20-001-TA AND 20-002-TA I reviewed the resolutions. No comments or edits. Thank you. From: Bobbie Jenkins Sent: Monday, September 28, 2020 10:49 AM To: City Attorney <cityattorney@cityofokeechobee.com> Cc: Lane Gamiotea <Igamiotea@cityofokeechobee.com>; J.J. Smith <jsmith@cityofokeechobee.com> Subject: RE: 20-001-TA AND 20-002-TA Importance: High Good morning! Just following gup to see if you had a chance to review the attached proposed Ordinances? Please let me know. Thanks! Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Bobbie Jenkins Sent: Friday, September 18, 2020 1:17 PM To: City Attorney <cityattorney@cityofokeechobee. com> Cc: Lane Gamiotea <Igamiotea@cityofol<eeciiobee.com>; City -J.J. Smith <ismith@cityofol<eechobee.com> Subject: FW: 20-001-TA AND 20-002-TA Good afternoon, 1 Please review the draft ordinances we received from the Planner. If changes need to be made, please let me know. Thanks! Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Ben Smith <ben@larueplanning.com> Sent: Friday, September 18, 2020 12:12 PM To: Lane Gamiotea<Igamiotea@cityofokeechobee.com>; Bobbie Jenkins<bienl<ins@citvofokeechobee.com> Cc: Patty Burnette <pburnette@citvofokeechobee.com>; Yesica Montoya <vmontova@cityofokeechobee.com> Subject: 20-001-TA AND 20-002-TA Lane, See attached proposed ordinances 20-001-TA an 20-002-TA. Let us know if you need anything else. Have a great weekend. 6e,tA Sm tk, AICP, LEED GA LaKue ? f aTin_1,_.__,,g i 375 Jac.Lson '5t #206, Tort Wel-5, I L 3��o1 23)-33`f-33C v IJc: �,�rUc !anniri cUnl Bobbie Jenkins From: Bobbie Jenkins Sent: Wednesday, November 18, 2020 11:37 AM To: Ben Smith Cc: Lane Gamiotea; City - J.J. Smith Subject: Nov. 17th Agenda & Exhibits Attachments: CC Agenda 11 17 20 Ex 4.pdf, CC Agenda 11 17 20 Ex 5.pdf, CC Agenda 11 17 20.pdf Ben — although you did not attend last night's meeting, I wanted to be sure you had copies of the meeting agenda and exhibit items for the Text Amendments adopted Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 41e- NOTICE: Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Monday, August 24, 2020 12:26 PM To: Patty Burnette Cc: Yesica Montoya Subject: RE: September 17, 2020 meetings Patty, For the Planning Board meeting, I'd like to add two proposed ordinances with the following title blocks: • 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 SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDED FOR AN EFFECTIVE DATE. • 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 CHAGE PETITIONS; CREATING FORM 19 TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS; CREATING FORM 20 TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED ZONING DISTRICT BOUNDARY CHANGE PETITIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDED FOR AN EFFECTIVE DATE. For the Planning Board workshop, I'd like to proposed one discussion item: • Strategies to encourage owners of properties zoned holding to request rezoning 20-005-TRC has a few issues, one of which is a setback issue. I put a call in to Steve this morning but have not been able to speak with him yet. Can you please call me to discuss when you get a chance? 20-002-SC is ready for advertisement. pods our r �-. c I-P 'f a D 0 ^ S" /F ;' 20-001-SE is not ready for advertisement for the reasons that we've outlined for Steve. DC-1 Oevt Svtnitk, AICP, LEED CiA rLaKuc t� `T . - 1375 ,JacLson `5t #206, rorE MV ers, r L, i o l 239-334--3i66' ut:n�?���rueplartnin��.com From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Friday, August 7, 2020 11:03 AM To: Ben Smith <ben@larueplanning.com> 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 LaRue 1 ptanntng Held 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 19 TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS; CREATING FORM 20 TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY 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 f proposed -use, the city council, planning board, or board of adjustment, as appropriate, shall find that: (1) Theereaues is not contrary to comprehensive plan requirements. (2) The use is specifically authorized under the zoning district regulations applied for. (3) T-he-u&eApprovai of the iegues 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) T-he-useApproval of the requesi 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) The--useApprova-I of the reques`: will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The of the requesi 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 4rstplanning board public hearing. c. Planning board holds public hearing, forwards advisory recommendation to city council. d. Administrator issues notice of seseedcity 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 #ir-stplanning board public hearing. c. Planning board holds public hearing, forwards advisory recommendation to city council. d. Administrator issues notice of seseRd-city council public hearing. e. City council holds first public hearing, renders decision. f. If approved, Administrator issues notice of second citv council public hearina. eg. 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 property owners. b. Location map identifying subject property_ c. Future Land Use Map identifying subject property.. d. Zoning Map identifying subject property_ e. Legal description of subject property 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 ofpublic 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. =orm 20. — Administratively Initiated zoning district boundary change petition. 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 property owners. b. Location map identifying subject property. c. Future land use map identifying subject property. d. Zoning map identifying subject property. e. Legal description of subject property f. Reason for rezoning Q. 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: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 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 Dowling R. Watford, Jr., Mayor ATTEST: 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 _ PLANNING BOARD MEETING Nor SEPTEMBER 17, 2020 The Planning Staff Report with the full details will be posted here by Friday, September 11, 2020. We apologize for any inconveniences. Land Development Regulations (LDR) Petition No 20-002-TA: 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 19 TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS; CREATING FORM 20 TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED ZONING DISTRICT BOUNDARY CHANGE PETITIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDED FOR AN EFFECTIVE DATE. Bobbie Jenkins From: Bobbie Jenkins Sent: Wednesday, November 18, 2020 3:03 PM To: Marcos Montes De Oca; Robin Brock; India Riedel; Melissa Henry; Kim Barnes; Patty Burnette; Gail Neu; Robert Peterson; Donald Hagan; Jeanna Kovac; Terisa Garcia; Justin Bernst; dvause@saol9.org; Herb Smith; Fred Sterling; Sue Christopher; PW - Marvin Roberts; Jim LaRue; Ben Smith; LaRue - Gloria; Jeff Newell; David Allen; Kay Matchett; Karen Harris (harrisk@circuitl9.org); Dawn Hoover; 'Cnty Planner'; Aurelio Almazan; Belen Reyna; Police - Cesar Romero; Dawn Wendt; vikki.okeefe@pol9.org Cc: Lane Gamiotea; City - J.J. Smith Subject: City of Okeechobee Code Book Update Attachments: 1219 #20-002-TA.pdf, 1218 #20-001-TA.pdf Tracking: Recipient Delivery Read Marcos Montes De Oca Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 4:23 PM Robin Brock Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 3:15 PM India Riedel Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 4:56 PM Melissa Henry Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 4:04 PM Kim Barnes Delivered: 11/18/2020 3:03 PM Patty Burnette Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 3:29 PM Gail Neu Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 3:38 PM Robert Peterson Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 6:36 PM Donald Hagan Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 8:11 PM Jeanna Kovac Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 3:33 PM Terisa Garcia Delivered: 11/18/2020 3:03 PM Justin Bernst Delivered: 11/18/2020 3:03 PM dvause@saol9.org Herb Smith Delivered: 11/18/2020 3:03 PM Fred Sterling Delivered: 11/18/2020 3:03 PM Sue Christopher Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 3:16 PM PW - Marvin Roberts Delivered: 11/18/2020 3:03 PM Read: 11/19/2020 4:18 PM Jim LaRue Ben Smith LaRue - Gloria Jeff Newell Delivered: 11/18/2020 3:03 PM David Allen Delivered: 11/18/2020 3:03 PM Read: 11/23/2020 2:39 PM Kay Matchett Delivered: 11/18/2020 3:03 PM Karen Harris (harrisk@circuitl9.org) Dawn Hoover Delivered: 11/18/2020 3:03 PM 'Cnty Planner' Aurelio Almazan Delivered: 11/18/2020 3:03 PM Belen Reyna Delivered: 11/18/2020 3:03 PM Police - Cesar Romero Delivered: 11/18/2020 3:03 PM Dawn Wendt Delivered: 11/18/2020 3:03 PM 1 f Recipient Delivery Read vikki.okeefe@pd19.org Lane Gamiotea Delivered: 11/18/2020 3:03 PM Read: 11/18/2020 3:34 PM City - J.J. Smith Delivered: 11/18/2020 3:03 PM Good afternoon, Attached you'll find Ordinance No. 1218 & No. 1219, adopted at the November 17th Council meeting. Please refer to this language as the most recent and correct. Also, make the necessary changes to your code book until the Ordinances are supplemented to the Code. Should you have any questions, please contact the City Clerk's office. Have a great day! Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 4 h7� % 7 r- LLlut �y ,r y C NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 7 THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 70 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF OKEECHOBEE; AMENDING SECTION 70-340, BROADENING THE APPLICABILITY OF THE FINDINGS REQUIRED FOR GRANTING PETITIONS; AMENDING FORM 1 OF APPENDIX A TO CLARIFY THE PROCEDURES FOR COMPREHENSIVE PLAN AMENDMENT PETITIONS; AMENDING FORM 3 OF APPENDIX A TO CLARIFY THE PROCEDURES FOR ZONING DISTRICT BOUNDARY CHANGE PETITIONS; CREATING FORM 19 IN APPENDIX A TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENTS; CREATING FORM 20 IN APPENDIX A TO PROVIDE STANDARDS AND PROCEDURES FOR ADMINISTRATIVELY INITIATED ZONING DISTRICT BOUNDARY CHANGE PETITIONS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land Development Regulations in order to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 20-002-TA, at a duly advertised Public Hearing held on September 17, 2020, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. 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: Amendment and Adoption to Section 70-340. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Chapter 70-Administration, Article III -Administrative Procedures and Requirements, Division 4- Application Requirements, Section 70-340 Findings Required for Granting Petitions as follows: 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) The request is not contrary to comprehensive plan requirements. (2) The use is specifically authorized under the zoning district regulations applied for. (3) Approval of the request will not have an adverse effect on the public interest. Ordinance No. 1219 - Page 1 of 4 Language to be added is underlined. Language to be deleted is ekusktMo4o. THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED ^ TO THE CODE, PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT, (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) Approval of the request 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) Approval of the request will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) 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. SECTION 3: Amendment and Adoption to Appendix A -Applications, Forms, and Content Requirements, Form 1-Comprehensive Plan Amendment Petition. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A -Applications Forms and Content Requirements, Form 1-Comprehensive Plan Amendment Petition as follows: 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 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 public hearing, renders final decision on petition. SECTION 4: Amendment and Adoption to Appendix A -Applications, Forms, and Content Requirements, Form 3-Zoning District Boundary Change Petition. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A -Applications Forms and Content Requirements, Form 3-Zoning District Boundary Change Petition as follows: Appendix A -Applications Forms and Content Requirements, 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. Ordinance No. 1219 - Page 2 of 4 Language to be added is underlined. Language to be deleted is slrusk- Ougp. THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. 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 city council public hearing. g. City council holds second public hearing, renders final decision on petition. SECTION 5: Addition and Adoption of Appendix A -Applications, Forms, and Content Requirements, Form 19-Administratively Initiated Comprehensive Plan Future Land Use Map Amendment. That the City Council for the City of Okeechobee, Florida, adds herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A -Applications Forms and Content Requirements, Form 19-Administratively Initiated Comprehensive Plan Future Land Use Map Amendment as follows: Appendix A -Applications, Forms, and Content Requirements, Form 19-Administratively Initiated comprehensive plan future land use map amendment. 1. Application 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 property owners. b. Location map identifying subject property. C. Future Land Use Map identifying subject property. d. Zoning Map identifying subject property. e. Legal description of subject property. 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 applications are processed as follows: a. Staff prepares a report on the proposed map change. b. Administrator reviews application, 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 application. SECTION 6: Addition and Adoption of Appendix A -Applications, Forms, and Content Requirements, Form 20-Administratively Initiated Zoning District Boundary Change Petition. That the City Council for the City of Okeechobee, Florida, adds herein Part 11 of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Appendix A -Applications Forms and Content Requirements, Form 20-Administratively Initiated Zoning District Boundary Change Petition as follows: Appendix A -Applications, Forms, and Content Requirements, 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 property owners. b. Location map identifying subject property. C. Future land use map identifying subject property. d. Zoning map identifying subject property. e. Legal description of subject property f. Reason for rezoning g. Supplementary supporting information. Ordinance No. 1219 - Page 3 of 4 Language to be added i5 underlined. Language to be deleted is s4wkVim4o. THIS ORDINANCE HAS NOT BEEN SUPPLEMENTED TO THE CODE. PLEASE REFER TO THE LANGUAGE IN THIS ORDINANCE AS THE MOST RECENT AND CURRENT. h. Information and documents requested by city administrator prior to public hearing. 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. f. If approved, Administrator issues notice of second city council public hearing. 9_ City council holds second public hearing, renders final decision. SECTION 7: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 9: 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 10: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 201h day of O 4ober, 2020. Dowling R. at ord, Jr., Mayor AjT,T�ST: � Lane tGamiotea,-1CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of November, 2020. ATT ST: j, Lane Gamiote , CMC, City Clerk REVVIIEWED LEGAL SUFFICIE John F rfiero, City Attorney Dowling R. W "tford, Jr, Mayor Ordinance No.1219 - Page 4 of Language to be added i5 underlined Language to be deleted is sth.