2021-05-18 Ex 04 (Items added)Ordinance No. 1224 - Page 1 of 3
Language to be added is underlined.
Language to be deleted is struck through.
ORDINANCE NO. 1224
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; ADOPTING THE HOLDING
REZONING PROGRAM, PROVIDING INCENTIVES FOR OWNERS OF PROPERTIES ZONED
HOLDING TO REZONE TO OTHER ZONING DISTRICTS SUPPORTED BY THE LAND
DEVELOPMENT REGULATIONS (LDR), REDUCING THE APPLICATION FEES AND
APPLICATION SUBMITTAL REQUIREMENTS; AMENDING APPENDIX A OF THE LDR
ADDING FORM 22, HOLDING ZONING DISTRICT BOUNDARY CHANGE PETITION;
AMENDING APPENDIX C OF THE LDR ADDING AN APPLICATION FEE FOR REZONING
PROPERTY ZONED HOLDING; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as am ended,
known as the LDR; and
WHEREAS, the LDR generally contain codes specific to each zoning district, which provide lists of permitted uses,
lists of specially permitted uses and regulations for development within that specific zoning district; and
WHEREAS, multiple parcels within the City are zoned Holding, though the LDR do not currently contain any codes
specific to regulating the Holding zoning district; and
WHEREAS, the City Council has a legitimate interest in ensuring that the potential devel opment of every parcel in
the City is regulated by clear and concise LDR; and
WHEREAS, the Future Land Use Element of the City of Okeechobee Comprehensive Plan generally contains
descriptions of future land use designations in which lists of zoning districts that are appropriate within those
designations are provided; and
WHEREAS, the Holding zoning district is not listed as an appropriate zoning district within any of the future land
use designations; and
WHEREAS, the City Council seeks to encourage owners of properties in the Holding zoning district to rezone to
other zoning districts which are supported by the LDR, the Future Land Use Element; and the Future Land
Use Map; and
WHEREAS, the Planning Board of the City of Okeechobee, Florida, recommends t hat the Council adopt reduced
application submittal requirements and reduced application fees for rezoning of properties which are either
partially or entirely zoned holding; and
WHEREAS, the Planning Board of the City of Okeechobee, Florida, has reviewed the existing conditions of parcels
in the Holding zoning district; including the future land use designation, the existing land use, the prevailing
pattern of land uses in the surrounding area, the zoning designation of the surrounding parcels, and the
future land use designation of the surrounding parcels; and has provided recommendations for the rezoning
of those parcels; 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. 21-002-TA, at a duly advertised Public Hearing held on March 18, 2021, and based on
findings of fact by the Planning Staff, hereby recommends certain changes, ame ndments 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 adopting such a program and amendment to be in the best interest of its citizens
of said City, that such a program and amendments are necessary and appropriate to make the Zoning Map,
the LDR and the Comprehensive Plan 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 b y 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:
Ordinance No. 1224 - Page 2 of 3
Language to be added is underlined.
Language to be deleted is struck through.
SECTION 2: Holding Property Rezoning Program Adopted. The City of Okeechobee hereby adopts the Holding
Property Rezoning Program as follows:
Eligibility: Owners (or their authorized designee) of properties which are either partially or entirely zoned
Holding are eligible to apply for rezoning according to the provisions of this program.
This program does not exempt owners from consistency with the Future Land Use Map. Where the
requested zoning change would also require a Future Land Use Map amendment, the standard application
requirements, procedures and fees for Future Land Use Map amendments will apply. Future Land Use Map
amendments must be approved prior to approval of the associated rezoning request.
Rezoning Application Requirements: Form 22 is added to Appendix A of the City’s Land Development
Regulations which adopts application requirements that are reduced substantially from the standard
rezoning application requirements.
Rezoning Application Fee: For eligible owners, the standard rezoning application fees according to Fee
Schedule of Appendix C of the City’s Land Development Regulations have been reduced substantially.
Application Fees for rezoning Holding properties are $600 plus $20 per acre.
Rezoning Recommendations: In the interest of consistency between the Future Land Use Map and the
Zoning Map and in the interest of compatibility with the existing pattern of surrounding land uses, the City
officially recommends zoning changes for properties in the City which are either partially or entirely zoned
Holding. See attached Exhibit B- Holding Property Rezoning Recommendations.
Future Land Use Map Amendment Recommendations: In some instances where the recommended
zoning changes would also require a Future Land Use Map amendment, the City has also provided official
Future Land Use Map amendment recommendations, which are also included in Exhibit B - Holding Property
Rezoning Recommendations.
Owner Notification and Legal Notification: Notification of the benefits, requirements and procedures of
this program will be mailed to all eligible property owners in the form of Exhibit C- Draft Property Owner
Notification Letters.
Legal notification and advertisement of zoning requests will be performed by the City and in conformance
with the requirements for zoning district boundary changes as provided in Florida Statute.
SECTION 3: Amendment and adoption to Section Appendix A – Applications, Forms, and Content
Requirements, as follows:
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, adding Form 22 - Holding Zoning District Boundary Change Petition as follows:
APPENDIX A - APPLICATION FORMS AND CONTENT REQUIREMENTS
Form 22. – Holding 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. Legal description.
d. Property owner's list.
e. Location map
f. Supplementary supporting information.
g. Application fee.
2. Processing. Holding 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.
Ordinance No. 1224 - Page 3 of 3
Language to be added is underlined.
Language to be deleted is struck through.
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 4: Amendment and adoption to Appendix C – Schedule of Land Development Regulation Fees
and Charges, as follows:
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 C – Schedule of Land Development
Regulation Fees and Charges, adding Fee Schedule Item 21 - Holding Zoning District Boundary Change
(Rezoning), as follows:
APPENDIX C - APPLICATION FORMS AND CONTENT REQUIREMENTS
Fee Schedule:
21. Holding zoning district boundary change (rezoning) ….. $600.00 plus $20.00 per acre
SECTION 5: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 6: 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 7: 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 8: 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 April, 2021.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 18th day of May, 2021.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
.
�
��ws���i� I�C. vs�
�11� P2l �m,u�u.�., �
<� ,
��
4����a, ��
,:'.':,��� ��F�:�' �
Lake Okeecho�ee News �X�l)bl%�
107 SW 17th Street, Suite D.._._..
Okeechobee, Florida 34974 ��1 ��
863-763-3134 '�' �,,
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 La%e Okeechobee News, a weekly Newspaper published
in Olceechobee County;�F(orida, that .the attached copy of an
advertisement being a `� o h, �'� �'o �_� � ��g �-• �..�
L �. q� ,
in the matter .£ -��,�._.`1_� d �R�'�=' y:'i°��`� `d <» �''� �'"� 1- � ��:�`,, ��.�����,
�1
��,:�
in the 19th Ju�icial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
� � � � . � �'.'1
Affiant further says that the said�Lalce Olceechobee 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.
� ���� y�--,�
Katrina Elsken Muros
Sworn to ar�.d,�ubscribed before me this ���� AD
<��a "� day of , �\' �':���� � �' r
Notary Public, State of Florida at Large
_ ir ^ --. _._ �
cmroFo�aios�
aus�cwoncf
OON5IDERAIION OF ADOPiING A(3iY ORDIIJ/WfE
oTt�: The Rv Courd of tlie G[Y of okeediobee wi �xt a P�ic
�,�,m�
�to �x: rw. iva:
3FYW OWN PROPE7CIY
YW ARE STRONGLY ENI
AND OFFER PUBLiC WP
R OWNFFtS OF PROPFlt-
HER ZIX�dG DISTRICiS
vr t�tnanoris��,
� aav�canorr
ionc n oF �n+e �ax ano-
ICT BOUNDARY C}iAN(�E
F TF1E LDR ADDING AN
�E7iiY ZONm F10LDII'IG'
r� wK s�v�unsnsrc;
vRovmurc wre nn r�
ia�,a�n�e�vw�o�me���cme�r�s
af� dufn9 � I�ms tnurs. . .
BE ADVL'�D�Uiat stn�dd You t�end lo shav arN doa!tre�4 f��re, vidzo
or�mu,e�tvcaNain�ppoitaopp�lonora,sm,,,a cfu,e
��Atil( PEItSON DE�ING i�O�APPEN- art�' d�sb� rn�de
by ryie 6ty Camal wAh �e�Ctto am'rt� mrsli�ed at tl�s rt�eHlrS `�'i
neai Oo ensuE a�bztYn remfd of the po�edug ls�n�de and tlie remid
� tlie Uatirrnrr�' ard eridr�ice upon wtddi Ihe � vA be tia�.�. ln
a�danae v�lh tlie Arr�s wdh D� !rG P��� w� �
g�I ���p� {p ��qx�e n th's pto�edng shaid a�ntad'
��i��y�Ms01(� in peism ocd 863r7639814,�Unpa� Hatla �.
Rday'%1-Sno�erU�anfourhtmric�daysPrfa'k� �} . �
� ��: avc�+ciarec�,r��,a�c
a�siiays/s/zozi
� :�;
�
.,� ,��F� ,;�,z
� . t�.;<:
�;>��� �.:�<.,. � �
< : ,-y� ��,
..� `a (�
� cj ��
�
:�;
4. f, :.
(1 � f i �,1
",-;
;�
-•�,�
.`i�
• V�
—�_, 'z.e�r.a.:�,s
; =o�"•"•Y'•��;�; ; ANGIE BRIDGES
_.. ,= MY COMMISSION # GG 971582
'.; , �;` EXPIRES: Aprfl 20, 2024
��'•;;OFF��•` gonded Thru Notary public Underwriters