2021-11-16 Ex 03 Exhibit 3
11/16/2021
ORDINANCE NO. 1243
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA;AMENDING CHAPTER 86
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF OKEECHOBEE;
AMENDING SECTION 86-2, CLARIFYING THE CITY'S AUTHORITY TO REGULATE THE
DIVISION AND JOINING OF LAND IN THE CITY; AMENDING SECTION 86-3,
CLARIFYING THE APPLICABILITY OF THE CHAPTER TO INCLUDE JOINING LAND;
AMENDING SECTION 86-4, ADDING A DEFINITION FOR LOT, ADDING A DEFINITION
FOR PARCEL, ADDING A DEFINITION FOR PLATTED PARCEL SPLIT, DELETING THE
DEFINITION FOR PLOT; AMENDING THE TITLE OF ARTICLE II FROM PLANS AND
PLATS TO PLATTING; CHANGING DIVISION 3-SIMPLE LOT SPLITIDE MINIMIS
SUBDIVISIONS TO ARTICLE III-DE MINIMIS SUBDIVISIONS; AMENDING SECTION 86-
90, CLARIFYING THAT STRUCTURE SETBACKS SHALL BE INCLUDED ON SURVEYS,
PROHIBITING CREATION OF PARCELS WITH SPLIT FUTURE LAND USE
DESIGNATIONS,REQUIRING CONSIDERATION OF UTILITY LINES AND WASTEWATER
TREATMENT SYSTEMS; CHANGING DIVISION 4-PROCEDURE FOR APPLICATION
SUBMISSION AND APPROVAL OF JOINDER OF LOTS TO ARTICLE IV-JOINDERS;
AMENDING SECTION 86-91 TO PROHIBIT JOINING PARCELS WITH DIFFERENT
FUTURE LAND USE DESIGNATIONS;CREATING NEW ARTICLE V-PLATTED PARCELS
SPLITS, PROVIDING PROCEDURES AND STANDARDS FOR DIVIDING EXISTING
PLATTED PARCELS; RENUMBERING EXISTING ARTICLES III, IV, AND V; AMENDING
APPENDIX A OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
OKEECHOBEE, AMENDING FORM 18, PROVIDING PLATTED PARCEL SPLIT
APPLICATION STANDARDS AND PROCEDURES; AMENDING APPENDIX C OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF OKEECHOBEE, ADDING AN
APPLICATION FEE FOR PLATTED PARCEL SPLITS; PROVIDING FOR CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Okeechobee,Florida,has adopted Ordinance Number 716,as amended,
known as the Land Development Regulations;and
WHEREAS,the City of Okeechobee,Florida,has a legitimate interest in periodic review of its Ordinances and Land
Development Regulations in order to address certain inconsistencies or outdated regulations contained in
the Codes; to make amendments to meet changing community standards, or to accommodate new
development;and to create new ordinance or regulation to better serve the public and to make the Code a
more consistent and easier to understand document;and
WHEREAS,the Planning Board for the City of Okeechobee,Florida,acting as the Local Planning Agency,reviewed
and discussed the proposed amendments,also known as Land Development Regulation Text Amendment
Application No.21-003-TA,at a duly advertised Public Hearing held on September 16,2021,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 Chapter 86.
That the City Council for the City of Okeechobee,Florida,amends herein Part 11 of the Code of Ordinances,Subpart
B-Land Development Regulations,providing for amendments to Chapter 86-Subdivisions as follows:
ARTICLE I.-IN GENERAL
Sec.86-2.-Jurisdiction of chapter provisions.
Language to be added is underlined. Ordinance No.1243 Page 1 of 9
Language to be deleted is.4.sk4h..g4
The regulations set out in this chapter shall apply to all lands presently within the incorporated limits of the
City,and to any lands which may in the future be annexed to and be made a part of the City.No land shall
be subdivided,9F no building Gr stFuGture oF any paFt theFeOf GGnstFuGted-,or coined in any area of the City,
after the effective date of the ordinance from which this chapter is derived unless such subdivision or ioinina
conforms to the provisions of the regulations of this chapter,the remainder of the City's code of ordinances,
and the City's Comprehensive Plan.
No subdivision,de minimis subdivision, joinder or platted parcel split shall be recognized by the City and
no building permit shall be issued unless the land reconfiguration action has been approved by the City
prior to recording in accordance with the requirements of this Chapter.
Sec.86-3.-Applicability of chapter provisions.
In order to subdivide or join land and file a platthefeer�,except merely to record boundaries of an ownership,
all requirements as set out in this chapter shall be met,and the procedures as set forth in this chapter shall
be followed.
Sec.86-4.-Definitions.
The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to
them in this section,except where the context clearly indicates a different meaning:
Alleys means minor ways which are used primarily for vehicular service access to the back or the side of
properties otherwise abutting on a street.
Bicycle way means a right-of-way intended primarily for the use of bicyclists, excluding self-propelled
vehicles.
Building includes the term"structure"and shall be constructed as if followed by the phrase"or part thereof."
City administrator means the person filling the position or his designee.
Code means the unified land development code of the City,volumes 1 through 4.
Cul-de-sac means a minor street intersection with another street at one end and terminating at the other in
a vehicular turnaround.
De minimis subdivision means a division or reconfiguration of land,whether improved or unimproved,into
not more than two contiguous parcels of land and which division or reconfiguration does not involve the
need for a new street,or easement for street purposes,or the establishment or dedication of a highway,
street,or alley.
Developer means a person,or his agent,who undertakes the activities covered by this chapter,particularly
the preparation and presentation of a subdivision plat showing the layout of the land and the improvements
involved thereof. Inasmuch as the subdivision plat is merely a necessary means to the end of ensuring a
satisfactory development,the term"developer"includes the term"subdivider,"even though the identity of
persons involved in successive stages of a project may vary.
Developer's agreement means the agreement entered into between the developer and the City,defining in
detail the responsibility of both parties and the conditions for acceptance and recording of the plat. A
developer's agreement may include utility agreements for both water and wastewater.
Easement means a right-of-way granted for limited use of private property for a public or quasi-public
purpose.
Engineer means an engineer licensed in the state and qualified to perform duties for a developer under the
terms of this chapter.
Joinder of Wk means any combination of a let ef-reseFd,9 parcel of land(or portions thereof)with one or
more other parcels of land(or portions thereof).
Land includes water surface and land under water.
Lot means a single unit of land in a platted subdivision
Lot depth means the mean horizontal distance between the front and rear lines of a lot or parcel.
Ordinance No.1243 Page 2 of 9
Language to be added is underlined.
Language to be deleted is
unimpFeved,into not me-Fe t-han two Gentigueus lots eF paFGels of land aand-vAir-,h divi-sion eF FeGenfigiblFati
&es not anvOlve the Fieed for a new stFeet, or easement for street PUFPeses, or the establishment-of
dediGatiGn of a highway,Street,OF alley.
Lot width means the horizontal distance between the side lines of a lot or parcel at the depth of the required
front yard or at the front let property line where no building setback is required.
Parcel means a single unit of land under same ownership.A parcel may contain multiple platted lots and
portions of platted lots.
Plat means a map,diagram,or graphic representation of real property which has been subdivided into lots,
plets OF parsels and showing such facilities and public improvements as may be required under this chapter.
The verb"to plat'or"platting"shall mean to make or prepare a plat.
Platted parcel split means a division or reconfiguration of a previously platted parcel,whether improved or
unimproved,which division or reconfiguration does not involve the need for a new street,or easement for
street purposes,or the establishment or dedication of a highway,street,or alley.
Public improvements means any of the following,which are listed only for the purpose of illustration and
emphasis:streets,pavement,with or without curbs and gutters;sidewalks,alleys and alley pavement;water
mains;sanitary wastewater;storm wastewater or storm drainage;electricity;street name signs,street trees,
and similar public requirements or amenities.
Right-of-way(ROM means lands conveyed or dedicated to the public to be used for a street, alley,
walkway,drainage facility or other public purpose.
Sight distance means the maximum extent of unobstructed vision (in a horizontal plane) along a street
located at any given point on the street.
Street means a way for vehicular traffic,whether designated as a street,highway,thoroughfare,parkway,
throughway, road, avenue, boulevard, lane, place, or however otherwise designated. Where width is
designated,such width is right-of-way width.
Street,arterial, means a street or highway used primarily for fast and heavy traffic traveling considerable
distances with a width of right-of-way of 150 feet or more.
Street,collector, means a street with a right-of-way of at least 100 feet which,in addition to giving access
to abutting properties,carries traffic from minor street to the major system of arterial streets and highways,
including the principal entrance street of a residential development and streets for circulation within a
development.
Street,local,means a minor street used primarily for access to abutting properties and not for through traffic
with a right-of-way of at least 50 feet.
Street,marginal access, means a minor street at least 50 feet in width parallel to and adjacent to arterial
streets or highways and which provides access to abutting property and protection from through traffic.A
marginal access street may also be called a frontage or service road.
Subdivision means the division of land into three or more lots,sites,or parcels,any one of which contains
two acres or less in area, or, if a new street or easement for street purposes or the establishment or
dedication of a highway,street,or alleys is involved,any division of a parcel of land.The term"subdivision"
includes resubdivision and,when appropriate to the context,shall relate to the process of subdividing or to
the land subdivided.The sale or exchange of small parcels of land to or between adjoining property owners
where such sale or exchange does not create additional lots or parcels shall not be considered a subdivision
of land.
Surety bond means a performance-payment bond,and other instruments of security,furnished to the City
by the developer and the developer's surety that the public improvements will be completed and completed
in accordance with the approved final plat.
Surveyor means a land surveyor registered in the state, and engaged by the developer to survey and
prepare the plat of the land proposed for subdivision.
Language to be added is undedined. Ordinance No.1243 Page 3 of 9
Language to be deleted is skask{preugb
Used and occupied include the words"intended,""designed,"or"arranged to be used"or"occupied."
Walkway means a right-of-way intended primarily for pedestrians,excluding self-propelled vehicles.
Work means all construction shown or required on the plat as approved as well as all required construction
as shown on approved plans and specifications for all facilities and features of any kind.
Secs.86-5-86.40.-Reserved.
ARTICLE It.-PLANS AND nt ATc PLATTING
DIVISION 1.-GENERALLY
Sec.86-41.-Preparation of plats.
Sec.86.42.-Preapplication procedure.
Sec. 86-43.- Procedure of conditional approval of preliminary plat and approval of construction
plans for required improvements.
Sec.86-44.-Procedure for approval of final plat.
Secs.86-45-86-70.-Reserved.
DIVISION 2.-PLATS AND DATA
Sec.86.71.-Preapplication plans and data for platting.
Sec.86-72.-Plats and data for conditional acceptance or approval.
Sec.86-73.-Plats and data for final acceptance or approval.
Sec.86-74.-Inspection;release of developer's bond.
Secs.86-75-86-89.-Reserved.
DPASION4ARTICLE Ill.-etnent e t nT cot tTtDE MINIMIS SUBDIVISIONS
Sec. 86-90. - Procedure for application submission and approval of a c°^•^W Gt—,p1 de minimis
subdivision.
(a) Submittal The City shall consider a proposed let RqEgel split upon submittal of two copies of the
following information:
(1) A cover letter describing the project,identifying the project contact person(s)and any other
information relevant for City's staff review. If the applicant is other than the legal owner,
the applicant's interest shall be indicated and the legal owner's authority to apply shall be
included in a certified legal form.
(2) Completed application form.
(3) All applicable fees(See Appendix C,Schedule of Land Development Regulation Fees and
Charges).
(4) Owner's authorization(if applicable).
(5) A survey,not more than one year old,prepared by a professional land surveyor registered
in the State of Florida. The survey must include legal descriptions, acreage and square
footage of the original and proposed lets parcels and a scaled drawing showing the
intended division,including any existing or required easements and/or restrictions. In the
event a let ap rcel contains any pFinsipal 9F ac-eesseFy structures, a survey showing the
structures on the let parcel and the setbacks of those structures from the existing and
proposed property lines shall accompany the application; and a metes and bounds
description shall accompany each description.
(6) A statement from the appropriate provider indicating if water and sanitary sewer service
capacity is available to the property.
(b) Standards.All t de minimis subdivision requests must conform to the following standards:
(1) The division of land must not increase the number of lets parcels to greater than two.
(2) The property that is the subject of the letslak de minimis subdivision shall be current in its
ad valorem tax and other assessments due to the City and county.
Ordinance No.1243 Page 4 of 9
Language to be added is underlined.
Language to be deleted is straskaH(augq
(3) Each of the newly created lets parcels must meet or exceed all requirements of the zoning
district in which the let ap rcel is located and be consistent with the designated future land
use map category.
(4) Each of the newly created lets parcels must abut a public or private street for the required
minimum street frontage for the type of lot,or as otherwise stated in the City's subdivision
regulations.
(5) Each of the newly created lets parcels must have no encumbrances on the subject property
that would render the newly created lets parcels undevelopable, or would impact the
transfer of title.
(6) If there are existing structures on the subject property,the let-split de minimis subdivision
shall not cause any existing principal or accessory structures to become nonconforming
regarding required setbacks, maximum allowable density and intensity, and maximum
allowable lot coverage and impervious surfaces.
(7) The proposed let EqEgel split must be consistent with surrounding lets ap [gels. In
determining consistency and compatibility with surrounding lets parcels,the City seaasil
may consider,among other things,whether the existing OF platted lets parcels have been
subdivided;and whether the majority of existing erplatted lets parcels are comparable in
size or configuration along the come s+ within 500-feet of the subject let ap rcel-- if
the Fesulting lets are wateFfMRt 19tS,whetheF they will be of adequate size te ar-eefflmemate
a septic tank.
(8) No further division of an approved let-spM de minimis subdivision is permitted,unless a
development plan and plat/replat is prepared and submitted in accordance with the City's
subdivision regulations,and this chapter.
(9) A let-split subdivision may not be approved if property taxes are not current for any part of
the property that is the subject of a proposed l subdivision.
(10) If sanitary sewer service connection will not be required,the resulting parcels shall be of
adequate size to accommodate an appropriately sized onsite wastewater treatment
system.Otherwise,a statement must be included from the appropriate provider indicating
that sanitary sewer service is available to the property or can be made available.
(11) Each of the newly created parcels shall not be split zoned or have split future land use
designations.
(12) The newly created parcels shall not share septic facilities and private utility lines shall not
cross property lines.
(c) Approval.
(1) The City Administrator,or his designee, shall review the letsplit de minimis subdivision
application and,with input as needed from the City's planning consultant City staff and
other members of the technical review committee,determine if the application meets the
submittal requirements of section 86-90(a).
(2) If the submittal is incomplete,the applicant will be notified of the deficiencies for revision
and resubmittal.
(3) When a submittal or revised submittal is found complete, the City administrator, or his
designee,will review the application for consistency with the standards of section 86-90(b),
with input as needed from the City's planning consultant and other members of the
technical review committee.
(4) If the City administrator finds that the application meets all the standards of section 86-
90(b), they may approve the let split de minimis subdivision and notify the applicant
aseerdirgly in writing. If not, they may approve the let-split de minimis subdivision with
conditions, or disapprove the let split de minimis subdivision, and notify the applicant
aGG9rdiagly in writing.
(d) Actions subsequent to approval.Before a building permit may be issued,the applicant must:
(1) Record the le�de minimis subdivision in the official records of Okeechobee County;
and
(2) Provide proof of the let-split de minimis subdivision approval by the City administrator.
DIVISION 4 ARTICLE IV. PROGEDURE FOR APPLIGATION SUBMISSION AND APPROVAL OF A
-
JOINDERS OF 8TS
Sec.86-91.-Procedure for application submission and approval to combine multiple lots or parcels
into one parcel eF4Gt.
(a) Submittal.The City shall consider a joinder(hereinafter referred to as a"joinder")upon submittal
of two copies of the following information:
(1) A cover letter describing the project,identifying the project contact person(s)and any other
information relevant for City's staff review. If the applicant is other than the legal owner,
the applicant's interest shall be indicated and the legal owner's authority to apply shall be
included in a certified legal form.
Ordinance No.1243 Page 5 of 9
Language to be added is underlined.
Language to be deleted is skxsR{Meugq
(2) Completed application form.
(3) All applicable fees (Appendix C, Schedule of Land Development Regulation Fees and
Charges).
(4) Owner's authorization(if applicable).
(5) A survey,not more than one year old,prepared by a professional land surveyor registered
in the State of Florida. The survey must include legal descriptions, acreage and square
footage of the original lets parcels and proposed let parcels and a scaled drawing showing
the intended joinder, including any existing or required easements and/or restrictions. In
the event a let ap rcel contains any ffineipal eF aGGess"structures,a survey showing the
structures on the let ap rcel shall accompany the application; and a metes and bounds
description shall accompany each description.
(6) Completed Unity of Title form.
(b) Standards.All joinder requests must conform to the following standards:
(1) The properties that are the subject of the joinder shall be current in their respective ad
valorem tax and other assessments due to the City and county.
(2) All lots or parcels(or portions thereof)shall be located within the same zoning district and
share the same future land use designation.
(c) Approval.
(1) The City administrator,or his designee,shall review the joinder application and,with input
as needed from the City's planning consultant City staff and other members of the
technical review committee,determine if the application meets the submittal requirements
of section 86-91 (a).
(2) If the submittal is incomplete,the applicant will be notified of the deficiencies for revision
and resubmittal.
(3) When a submittal or revised submittal is found complete, the City administrator, or his
designee,will review the application for consistency with the standards of section 86-91(b),
with input as needed from the City's planning consultant and other members of the
technical review committee.
(4) If the City administrator finds that the application meets all the standards of section 86-
91(b),they may approve the joinder and notify the applicant asserdingly in writing.If not,
they may approve the joinder with conditions, or disapprove the joinder, and notify the
applicant asserdlagly in writing.
(d) Actions subsequent to approval.Before a building permit may be issued,the applicant must:
(1) Record the Unity of Title in the official records of Okeechobee County;and
(2) Provide proof of the joinder approval by the City administrator.
Sess.86 92 86 110Resewed
ARTICLE V.—PLATTED PARCEL SPLITS
Sec.86-92.-Procedure for splitting existing platted parcels.
(a) Submittal.The City shall consider a platted parcel split upon submittal of two copies of the following
information:
(11) A cover letter describing the project,identifying the project contact person(s)and any other
information relevant for City's staff review. If the applicant is other than the legal owner,
the applicant's interest shall be indicated and the legal owner's authority to apply shall be
included in a certified legal form.
(2) Completed application form.
(3) All applicable fees (Appendix C, Schedule of Land Development Regulation Fees and
Charges),
(4) Owner's authorization(if applicable).
(5) A survey,not more than one year old,prepared by a professional land surveyor registered
in the State of Florida. The survey must include legal descriptions,acreage and square
footage of the original parcel and proposed parcels and a scaled drawing showing the
intended platted parcel split including any existing or required easements and/or
restrictions.In the event a parcel contains any structures a survey showing the structures
on the parcel and the setbacks of those structures from the existing and proposed property
lines shall accompany the application.
(6) A statement from the appropriate provider indicating if water and sanitary sewer service
capacity is available to the property.
(b) Standards.All platted parcel split requests must conform to the following standards:
(1) Each of the newly created parcels must meet or exceed all requirements of the original
underlying plat.
(2) The property that is the subject of the platted parcel split shall be current in ad valorem tax
and other assessments due to the City and county.
Ordinance No.1243 Page 6 of 9
Language to be added is underlined.
Language to be deleted is
(3) Each of the newly created parcels must meet or exceed all requirements of the zoning
district in which the parcel is located and be consistent with the designated future land use
map category.
(4) Each of the newly created parcels must abut a public or private street for the required
minimum street frontage for the type of lot,or as otherwise stated in the City's subdivision
regulations.
(5) Each of the newly created parcels must have no encumbrances on the subject property
that would render the newly created parcels undevelopable or would impact the transfer of
title.
(6) If there are existing structures on the subject property, the platted parcel split shall not
cause any existing principal or accessory structures to become nonconforming regarding
required setbacks,maximum allowable density and intensity,and maximum allowable lot
coverage and impervious surfaces.
(7) The proposed parcel split should be relatively consistent with surrounding parcels. In
determining consistency and compatibility with surrounding parcels,the City may consider,
among other things, whether the majority of existing parcels are comparable in size,
configuration and access road surface type within 500-feet of the subject parcel.
(8) Each of the newly created parcels shall not be split zoned or have split future land use
designations.
(9) The newly created parcels shall not share septic facilities and private utility lines shall not
cross property lines.
(10) If sanitary sewer service connection will not be required,the resulting parcels shall be of
adequate size to accommodate an appropriately sized onsite wastewater treatment
system.Otherwise,a statement must be included from the appropriate provider indicating
that sanitary sewer service is available to the property or can be made available.
(c) Approval.
(1) The City administrator,or his designee,shall review the platted parcel split application and,
with input as needed from the City's planning consultant,City staff and other members of
the technical review committee, determine if the application meets the submittal
requirements of section 86-92(a).
(2) If the submittal is incomplete,the applicant will be notified of the deficiencies for revision
and resubmittal.
(3) When a submittal or revised submittal is found complete, the City administrator, or his
designee,will review the application for consistency with the standards of section 86-92(b),
with input as needed from the City's planning consultant and other members of the
technical review committee.
(4) If the City administrator finds that the application meets all the standards of section 86-
92(b),they may approve the platted parcel split and notify the applicant in writing. If not,
they may approve the platted parcel split with conditions,or disapprove the platted parcel
split,and notify the applicant in writing.
(d) Actions subsequent to approval. Before a building permit may be issued,the applicant must:
(1) Record the platted parcel split in the official records of Okeechobee County;and
(2) Provide proof of the platted parcel split approval by the City administrator.
Secs.86-93-86-110.-Reserved.
ARTICLE WVI.-VARIANCES
Sec.86-111.-Hardship.
Sec.86-112.-Large scale development.
Sec.86.113.-Conditions.
Secs.86-114-86-140.-Reserved.
ARTICLE 1VII.-DESIGN STANDARDS
Sec.86-141.-Streets.
Sec.86-142.-Alleys.
Sec.86-143.-Easements.
Sec.86.144.-Blocks.
Ordinance No.1243 Page 7 of 9
Language to be added is underlined.
Language to be deleted isekuskaHrexgq
Sec.86-145.-Lots.
Sec.86-146.-Public sites and open spaces.
Secs.86-147-86-180.-Reserved.
ARTICLE Vill.-REQUIRED IMPROVEMENTS
Sec.86.181.-Monuments.
Sec.86-182.-Storm drainage.
Sec.86-183.-Clearing and grading rights-of-way.
Sec.86-184.-Bridges and culverts.
Sec.86-185.-Wastewater and water.
Sec.86-186.-Streets.
SECTION 3:Amendment and Adoption to 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,amending Form 18-De Minimis and Joinder of parcels or lots application,as follows:
APPENDIX A-APPLICATION FORMS AND CONTENT REQUIREMENTS
Form 18.-De Minimis aad Subdivision,Platted Parcel Split,or Joinder of parcels OF lets application.
1. Application contents.An application for De Minimis splitting of lots or parcels of lands within the
City of Okeechobee, or for an application for Joinder of lots or parcels into a single lot shall be
submitted on the appropriate application form,and comprises the following:
a. Applicant's name,address,and phone number.
b. Proof of legal interest in the property, and if an agent, a notarized authorization to act
signed by the owner of record as set forth in the records of the property appraiser.
C. Property identification number,survey(if requested),and location map.
d. A cover letter describing the proposed project and the reason(s) and necessity for the
change.
e. Any additional information as determined by City staff as relevant to the particular
circumstances of the subject property, including any of the information required in
Appendix B to these regulations.
f. Any information as contained in Code of Ordinances chapter 86,sections 86-90 and 86-
91 as adopted by Ordinance No.1170.
g. Application fee(s).
2. Processing of Application.De Minimis and Joinder applications are processed as follows:
a. Applicant submits application to general services department.
b. The City administrator,or his designee, reviews the application,and with input from City
staff,building department,or the City's planning consultant,will determine if the application
meets the requirements of chapter 86, sections 86-90, ec 86-91, or 86-92 Code of
Ordinances.
C. If the applicant provides all information and documentation as requested, as well as
application fees,and otherwise complies with the requirements of chapter 86,sections 86-
90,an4 86-91,or 86-92 Code of Ordinances,the City administrator,or his designee,shall
approve the application for final completion as submitted,or with conditions thereto,as set
forth in the pertinent ordinance.
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 22-Platted Parcel Split,as follows:
APPENDIX C-APPLICATION FORMS AND CONTENT REQUIREMENTS
Fee Schedule:
22. Platted Parcel Split.....$500.00 plus$25.00 per acre
Ordinance No.1243 Page 8 of 9
Language to be added is undedined.
Language to be deleted is Nrdskipreugh
SECTION 5:CONFLICT.All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 6: 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 7: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 8:EFFECTIVE DATE.This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First Reading and set for Final Public Hearing on this 26th day of October 2021.
Dowling R.Watford,Jr.,Mayor
ATTEST:
Lane Gamiotea,CMC,City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of November 2021.
Dowling R.Watford,Jr.,Mayor
ATTEST:
Lane Gamiotea,CMC,City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J.Fumero,City Attorney
Ordinance No.1243 Page 9 of 9
Language to be added is underlined.
Language to be deleted is ekuskapreugq
V. PUBLIC HEARING ITEMS CONTINUED
4. There were no Ex-Parte disclosures offered.
5. Motion by Board Member Jonassaint, seconded by Alternant Board
Member Papasso to recommend the City Council find proposed
Comprehensive Plan Amendment No. 21-001-CPA consistent with the
City's Comprehensive Plan and transmit the Amendment to the Florida
Department of Economic Opportunity for review and approval as
presented in[Exhibit 2,which includes the Planning Consultant's analysis
of the findings and recommendation for approval]. Motion Carried
Unanimously. The recommendation will be forwarded to the City Council
for consideration at a Transmittal Public Hearing tentatively scheduled for
October 19, 2021.
C. Consider Land Development Regulation (LDR)Text Amendment Petition No.21-
003-TA, which proposes to amend Sections 86-2, 86-3, 86-4, 86-71, 86-90, and
86-91, creating a new Article V and adding Section 86-92, amending Form 18 in
Appendix A, and adding an application fee to Appendix C.
1. City Planning Consultant Smith reviewed the Planning Staff Report
recommending approval.
2. Board Member Brass inquired as to why the words "in writing"were only
used in Section 86-90 (c)(4) and not also in Section 86-91 (c)(4). Planner
Smith commented the words"in writing"should be reflected in both places.
3. Mr. Steven Dobbs commented when joining more than one parcel it can
be expensive. For instance,he recently submitted a request directly to the
Property Appraiser's Office to join four parcels for Okeechobee County in
regard to a proposed expansion project for the Sheriffs Office. Planner
Smith commented he had reached out to other jurisdictions to inquire
about their process and most times approval was needed first before the
Property Appraiser's Office would shift the property lines. Okeechobee
County does not require this approval first.
4. There were no Ex-Parte disclosures offered.
5. Motion by Board Member Baughman, seconded by Board Member
Jonassaint to recommend approval to the City Council for LDR Text
Amendment Petition No. 21-003-TA as presented in [Exhibit 3, which
includes the Planning Consultant's analysis of the findings and
recommendation for approval]with the words "in writing" included in both
Sections 86-90 (c)(4) and 86-91 (c)(4). Motion Carried Unanimously.
The recommendation will be forwarded to the City Council for
consideration at Public Hearings tentatively scheduled for October 19,
2021, and November 16, 2021.
QUASI-JUDICIAL ITEMS
D. Rezoning Petition No.21-004-R,from Industrial to Heavy Commercial on 0.651±
acres located at 804 North Parrott Avenue, Lots 11 to 14, of Block 49, CITY OF
OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County to
make the property compatible with the commercial corridor.
1. Notary Public Patty Burnette administered an oath to Mr. Steven Dobbs,
1062 Jakes Way, Okeechobee, Florida, Mrs. Monica Clark, 804 North
Parrott Avenue,Okeechobee,Florida,and Mr.Ben Smith,LaRue Planning
and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida,
who responded affirmatively.
2. City Planning Consultant Smith reviewed the Planning Staff Report
recommending approval.
3. Mrs. Monica Clark, Registered Agent of the Property Owner, Glades Gas
Company of Okeechobee, Inc., was present and available for questions.
There were none.
4. There were no public comments offered.
5. There were no Ex-Parte disclosures offered.
6. Motion by Board Member Jonassaint, seconded by Board Member
Baughman to recommend to the City Council approval of Rezoning
Petition No. 21-004-R as presented in [Exhibit 4, which includes the
findings as required for granting petitions per Code Section 70-340, and
the Planning Consultant's analysis of the findings and recommendation for
approval]. Motion Carried Unanimously. The recommendation will be
forwarded to the City Council for consideration at Public Hearings
tentatively scheduled for October 19,2021, and November 16, 2021.
DRAFT September 16,2021,Planning Board and Workshop Meeting Page 2 of 4
�,aRue
I
K I C-'1 Mg
g
Staff Report
To: Okeechobee Planning Board
From: Ben Smith,AICP
Meeting Date: September 16, 2021
Subject: Ordinance- Platted Parcel Splits
In October of 2018, The City adopted Ordinance 1170, which created procedures and standards
for joinders and de minimis subdivisions. Prior to that ordinance, subdivision platting was the only
codified form of property division in the City's land development code. Staff is now proposing
revisions to Chapter 86 including a new process for dividing land that is already platted. According
to the definition of'subdivision as provided in Florida Statute 177.031 anytime land is being divided
into three or more parts and includes the creation of new rights-of-way, it is considered platting:
the division of land into three or more lots,parcels, tracts, tiers, blocks, sites, units, or any other
division of land;and includes establishment of new streets and alleys, additions,and resubdivisions;
and, when appropriate to the context, relates to the process of subdividing or to the lands or area
subdivided.
However, many Florida local governments have adopted process by which land can be
reconfigured which does not involve platting. For example:
• A joinder is the combining of parcels.
• A de minimis subdivision is a division or reconfiguration of one parcel into not more than two
contiguous parcels, which does not require new rights-of-way or easements. This applies to
unplatted/subdivided property.
• A platted parcel split is a division or reconfiguration of a previously platted/subdivided parcel,
which does not require new rights-of-way or easements.
At the February Planning Board Workshop,the Board members provided substantial input, and the
attached proposed ordinance reflects the changes that were discussed. Since that workshop, staff
also consulted with the City of Cape Coral planning department regarding their experience with
platted parcel splits.At one time, Cape Coral permitted platted parcel splits to be performed without
regard to the underlying platted lot lines. However, due to issues that arose, Cape Coral revised
their code to limit the process to only allow platted parcel splits along the existing platted lot lines.
Based on that advice, the City of Okeechobee could also adopt that limitation. However, it is likely
that limiting platted parcel splits to be performed only along existing platted lot lines will curtail the
flexibility in land development that the City would like to encourage. Because of this, staff has not
included that limitation in this Ordinance and it will be the Board's decision whether or not to include
this limitation in their recommendation to the City Council for final adoption. Following is a summary
of the significant revisions to Chapter 86 included in the draft ordinance:
Section 86-2
Verbiage has been added which clarifies the City's authority to regulate the division and joining of
property within the city limits.
providing planning and management solutions for local governments
1575 Jackson 5trcct,Suitt Z06 Fort Myers,FL 5390, 259-554-5566 www.larueplanning.com
Section 86-4
• The term `lot' has been separated from parcel to mean, more specifically, "a single unit in a
platted subdivision". A definition of parcel has been added which includes any single unit of
land. Throughout the remainder of the Chapter the term 'lot' has been replaced by 'parcel'to
clarify the broader applicability of the codes. These definitions are applicable to this Chapter,
not the entire land development code, and this change is not intended to alter the usage of
the word 'lot' in the context of terms such as 'lot depth', 'lot coverage' and 'lot width' in their
usage throughout the City's land development code.
• A new definition for 'platted parcel split' has been added to define the applicability of the
proposed procedures and standards for a platted parcel split in new section 86-92.
• The definition of'plot' has been deleted, as this term does not appear anywhere else in the
Chapter.
Section 86-90
Several new standards have been added for de minimis subdivisions, including:
• Requiring consistency with the comprehensive plan
• Prohibition the newly created parcel to have split zoning or split land use designations
• Requiring consideration of sewage disposal for each newly created parcel
• Prohibiting sharing of septic facilities and private utility lines between parcels
Section 86-91
Only one substantive change was made to the joinder standards, which is to prohibit the creation
of a parcel with split future land use designations.
Section 86-92
A significant amount of the land in the City of Okeechobee has already been platted, yet remains
combined in larger tracts under single ownership. This newly proposed process for platted parcel
splits would allow division of those parcels without requiring a new subdivision/plat. Unlike a de
minimis subdivision, division into more than two parcels is permitted, as long as the zoning code
standards and comprehensive plan policies are met.The standards proposed for the newly created
parcels are similar to those required for a de minimis subdivision.
Appendix C
Section 19 of the Fee Schedule requires a $500 application fee for joinders and de minimis
subdivisions. Platted parcel splits would be added to that section to require a $500 fee for those
requests as well. Since the workshop, an acreage fee of$25 per acre has been added.
I_,K" Z
planning
City of Okeechobee Date: �_�-�2 Petition No.. �i-003_'
General Services Department Fee Paid: N�� Jurisdiction:
55 S.E. 3`d Avenue, Room 101 15 Hearin — - 2" Hearing:
Okeechobee, Florida 39974-2903 g' J.
Phone: (863) 763-3372, ext. 218 Publication Dates:
Fax: (863) 763-1686 1 Notices Mailed: �!%P
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1 Name of Applicant: O
2 Mailing address: i
3 E-mail address:
4 Daytime phone(s):
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: L_j Text change to an existing section of the LDRs
(�Addition of a permitted use U Deletion of a permitted use
7
�)Addition of a special exception use L_) 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.)
8
LDR Amendment Application Page 1 of 3
F
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o COPY
c�
S t ca 1rs — C. Ex 3
Lake Okeechobee News
107 SW 17th Street,Suite D
911DEPENDENT
Okeechobee, Florida 34974
NEWSMEDIA INC. USA 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 Lake Okeechobee News, a weekly Newspaper published CITY OF 04TECHOBEE
NOTICE OF ZONING CHANGE
in Okeechobee County, lorida, that the attached copy of an CONSIDERATION OF ADOPTING ACITY ORDINANCE
NOTICE IS HQHEBYGiVEN that the CY Corud of the Qy dgccol>ee
advertisement being a t��1 _� �'►c� wilm qulaPubic Heamg on Nummbei 16,2021 at6PM,orasson
ftPrea@erpossble,atCly FW,55SE3rdAee,0keedwbea,FL mmrdderfiral
roadrg for adoption of the fobw'rg Ordnartoe Yto law(No.1243)
AN ORDINANCE OF THE CITY OF OKEECHOBEE, RORIDA;
in the matter of LL-Cie L. Vl ` (�V I(yj-\Q[( AMENDING CHAPTER 860E THE LAND DEVELOPMENT REGULA-
TIONS OF THE CITY OF OKLI:CHOBEE;AMENDING BECKON 8 Z
_ \ AN JOINING OF LAND N THE�AMENDING SECTION��
CLARIFYING THE APPLICABILITY OF THE CHAPTER TO INCLUDE
{ ��`" • JOINIIJG LAND•AMENDING SECrLON 86-4,ADDING A DEFJNI-
TION FDR LOT;�ADDING A DEFTHITION FOR PARCEL,ADDING A
in the 19th Judicial District o thedrcuit Court of Okeechobee DEFINITION FOR PLATTED PARCEL SPLIT DELETING THE DEFI-
NITION fUR PLOT;AMENDING THE TITLE OF ARTICLE 7 FROM
County, as published in said newspaper in the issues of LOT PU1NSAN SPLIT/DE MIN MIS SUBDIVISIONSS� 'TO Q�'DMCLE 3-SIMPLE
' Florida,' T�+BS��BDNL�oNhSMAED SCCTIOON 86�-w,,CCTMIFFYING
THAT STRUCHIRE SETBACKS SHALL BE INCLUDED ON SURVEYS,
PRORMITLHG CREATION OF PARCELS S WITH SPLIT FURIRE LAND
USE DESIGNATIONS,REQUIRIIJG CONSIDERATION OF UTLM
�� ' DIVISION
AND WASTEWATER TREATMENT SNS EMS
UBM CLANGING
DMSION 4-PROCEDURE FOR APPLICATION SUBMISSION AND
It 13 APPROVAL OF JOINDER OF LOTS TO ARTICLE rV JOINDERS;
AMENDING SECTION 86-91 TO PROHIBIT JOINING PARCELS
Affiant further says that the said Lake Okeechobee News is a NEW Al FFERE V FtrrT1RE LAND USE DESIGNATIONS;CREATING
y NEW ARTICLE V-PLATTID PARaJ SPLITS,PROVIDING PRO_
CEDURES AND SANDARDS FOR DMDING EJUST]IJG PLATTED
newspaper published at Okeechobee,in said Okeechobee County, PARCELS;RENUMBERING E7QS17I111G ARTICLES III,IV AND V;
AMENDING APPENDD(A OF THE LAND DEVELOPMENr REGULA-
Florida, and that said newspaper has heretofore been published n°"SDFTMEaTMOFE�BEEAMEHOL�GT�RMI6,PRo-
p vIDING PLATTED PARCEL SPLIT APPLICATION STANDARDS AND
continuously in said Okeechobee County, Florida each week and PROCEDURES;AMENDING APPENDIXCOF THE LAND DEVE LOP-
MENT REGULATIONS OF THE CITY OF
APPLICATION FEE FDR PLATTED PARCEL SPL375•PROVIDING FOR
has been entered as second class mail matter at the post office in CONFLICT; � PR IDM K
„ II
Okeechobee, in said Okeechobee County, Florida, for a period of b�public is invited and arouraged to aWend The proposed ordinance can
at the addn�above during ngular bai>�Fours Nbn-Fn,8
one year next preceding the first publication of the attached copybkeeclo ,', b,l.
" �0n"eNF �
of advertisement, and affiant further says that she has neither BE ADVISED��ldyoui a �n�,
Or rteim to de dv
paid nor promised any person, firm or corporation any discount, Gtys remr�ANY L> fthe
video,or �ING provided APPEAL d „node
by the QLY Council with reseed to arty maw oorsidered at ft mating wm
rebate, commission or refund for the purpose of securing this nee includes a�a record of die proceeding is made and aie round
testinnrry and elm upon whdr the appeal will be based.In
accordance wfth the Arixair-ars wLh D'sabiTitles Pd,pegs wit r�bJLies
advertisement for publication in the said newspaper. IamXnn,�,,���%� �
/,.r•- "' F/�_. ��`-!/ / >L.,�y,`--/�-� Relay 7-1-1 no La i than four dLdress days piorto
��--CIL.. V-1��•- `/.�IJvI BY.ay Oerk tare Camber,CMC
505971 CN 11/3/2021
Katrina Elsk n Muros
Sworn to and subscribed before me by means of_ ysical 'i2
_ this .,'_._._
presence or to�nine notarization,
.�_day of IA 1) 1l'fi � A I AD
Notary Public,State of Florida at Large i
JANET SUE MADRAY <
MY COMMISSION#FIH 129146 w
=_ EXPIRES:May 12,2025
Bonded Thru Notary Public Underwriters
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