2022-06-07 Ex 05Exhibit 5
6/7/2022
ORDINANCE NO.1258
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; EXTENDINC THE
HOLDING REZONING PROGRAM CREATED BY ORDINANCE 1224; PROVIDING FOR
A ONE (1) YEAR SUNSET CLAUSE; 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, adopted Ordinance No. 710, as amended,
known as the Land Development Regulations (LDR); and
WHEREAS, the LDR generally contain regulations 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 does not contain criteria
specific to nor regulating the Holding zoning district; and
WHEREAS, the City Council has a legitimate interest in ensuring that the potential development 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 City Council adopted Ordinance No. 1224 (the "Ordinance") which reduced the application
submittal requirements and reduced application fees for rezoning of properties which are either
partially or entirely zoned Holding; and
WHEREAS, the Ordinance was set to sunset on May 16, 2022, however, the City Council finds it is in the
best interest of the City and its residents to cortinue with the program under Ordinance 1224 as
adopted.
NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Flor da; presented at
a duly advertised public meeting; and passed by majority vote of the City Cl 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: The sunset date of the Holding Property Rezoning Program created by Ordinance No.
1224 is hereby extended for an additional year from the date of the effective date cf this Ordinance.
SECTION 3: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4: 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.
Ordinance No. 1258, Page 1 of 2
SECTION 5: 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 6: Effective Date. This Ordinance shall take effect immediately upon ita passage and
sunset one (1) year after adoption.
INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of June 2022.
ATTEST:
Lane Gamiotea, CMC, City Clerk
Dowling R. Watford, Jr., Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 5ch day of July 2022.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Dowling R. Watford, Jr., Mayor
Ordinance No. 1255, Page 2 of 2