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2022 08 02 Item 05. B., Exhibit 04Exhibit 4 8/2/2022 L4-em :3;c• f�>• ORDINANCE NO. 1257 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX C, SCHEDULE OF LAND DEVELOPMENT REGULATION FEES AND CHARGES, LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, applications for joinders of parcels typically require substantially less technical review and are typically associated with less possibilities for negative zoning effects than a subdivision plat review or a de minimis subdivision; and WHEREAS, the City Council of the City of Okeechobee, Florida, finds that it is in the best interest of the City's residents and businesses to amend Appendix C of the City of Okeechobee Land Development Regulations to lower the cost of joinder applications to an appropriate level which more accurately reflects the cost of processing those applications; 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. 22-002-TA, at a duly advertised Public Hearing held on June 16, 2022, 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, 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 Land Development Regulations Appendix C. 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 as follows: APPENDIX C - SCHEDULE OF LAND DEVELOPMENT REGULATION FEES AND CHARGES Fee Schedule: 19. App4catfon�&-fofAe-M+n+mis-Gpdo+nderets-er-lots—:500,00 a) Applications for Joinder .....$100.00 b) Applications for De Minimis Subdivision .....$500,00 c) Applications for Platted Parcel Split .....$500.00 plus $25.00 per acre 20. Parking reduction petition .....250.00 21. Holding zoning district boundary change (rezoning) .....600.00 plus $20.00 per acre [2] SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 1257, Page 1 of 2 If applicable, language to be added is underlined. If applicable, language to be deleted is sNaslNhreug# 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 7th day of July 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 2nd day of August 2022. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney If applicable, language to be added is underlined. Ordinance No. 1257, Page 2 of 2 If applicable, language to be deleted is skask through y.OF.OA(p y°m CITY OF OKEECHOBEE, FLORIDA .v.. o PLANNING BOARD MEETING JUNE 169 2022 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, June 16, 2022, at 6:01 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida followed by the Pledge of Allegiance. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Vice Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, and Alternate Board Member David McAuley were present. Board Members Rick Chartier, Mac Jonassaint and Alternate Board Member Jim Shaw were absent with consent. Chairperson Hoover moved Alternate Board Member McAuley to voting position. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Member Brass, seconded by Vice Chairperson McCoy to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Member Baughman, seconded by Member Brass to dispense with the reading and approve the May 19, 2022, Regular Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M. A. Land Development Regulation (LDR) Text Amendment No. 22-002-TA, which proposes to amend items 19 and 22 of Appendix C, Schedule of LDR Fees and Charges. 1. City Planning Consultant Ben Smith with Morris-Depew Associates, Inc. reviewed the Planning Staff Report explaining the reason for the request to reduce the fees charged,for`'Joinder applications. 2. TherO ere no public coret dints offered. 3. There were no Ex-Parte disclosures offered. 4. Motion by Member Baughman, seconded by Member Brass to recommend the City Council approve LDR Text Amendment No. 22-002- TA as presented in [Exhibit 1.] Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at Public, Hearings tentatively scheduled for July 5, 2022, and August 2, 2022. B. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 22-004-SSA, to reclassify from Multi -Family (MF) Residential to Commercial (C) on 4.21 ± acres located in the 1000 block of the East side of South Parrott Avenue. 1. City Planning Consultant Smith briefly reviewed the Planning Staff Report finding the requested C FLUM designation for the subject property reasonably compatible with adjacent uses, consistent with the urbanizing pattern of the area, and consistent with the City's Comprehensive Plan, therefore recommending approval. The Applicant is also submitting a concurrent request to rezone the property from Residential Single Family - One (RSF-1) to Heavy Commercial (CHV). For the record, a notation was made that the correct acreage amount for the application request should be 2.41± acres and not 4.21. 2. Mr. Steven Dobbs, Consultant for the Property Owner, Anita Nunez, Registered Agent of Anita's Rental Properties, Inc. was present and available for questions. There were none. DRAFT June 16, 2022, Planning Board Meeting Page 1 of 2 - v _. �..........., General Services Department va c. I J'010"0( o% t"-7111lun IVU. Fee Paid: J fiction: 55 S.E. 3 Avenue, Room 101 Okeechobee, Florida 39974-2903 .}� 1S Hearing: � 2" Hearin 7 �'� a 9 l `' �� "� �� 2 Phone: (863) 763-3372, ext. 218 Publication Dates: _ 4 Fax: (863) 763-1686 Notices Mailed: 01A APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: 0 Kfeckobp . 2 Mailing address: 575 r &UW-f 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 INFORMATIO. N `` Request is for: L_ _) Text change to an existing section of the LDRs 7 (_� Addition of a permitted use Deletion of a permitted use (_) Addition of a special exception use Deletion of a special exception use (_) Addition of an accessory use Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in str+keout and additions in underline format. (This description may be provided on separate sheets if necessary.) &aV Sep at&kA pm payed k mend 1 RCN I q and a o f" PPtA V_ C �P es and GIs 8 LDR Amendment Application Page t of 3 E •-"" y +• ••'-kQ/ w LJU C1UUGU VI UCICLCU C11 U U1 41111Ircy U15ulclks) anu sec[ion(s) to be changed. (This descriptic::: -lay be provided on separate sheets if necry.) lemt stt Gt l�r r, ed propo.'ed 5 wi f� REQUIRED ATTACHMEN 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 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 Naf.fne Date Oolii For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 LDR Amendment Application Page 2 of 3 22-002-TA Text Amendment Staff Report �,....._. .0 awa�jWilL + , rw �rlrrrfiriltr rJJ,YY�YYllt�bil' cN+llr .. Prepared for The City of Okeechobee MORRIS DEPEW Text Amendment Staff Report Description of Proposed Text Amendment June 07, 2022 Petition No. 22-002-TA City staff has identified that the City's current fee for Joinder Applications is not warranted. Applications for Joinders of parcels or lots typically require substantially less technical review and are typically associated with lower chances of negative zoning effects than a subdivision plat review or a de minimis subdivision. Thus, the associated fees should appropriately reflect the level of staff investment and staff is recommending that the city reduce the application fee for Joinder Applications from $500.00 to $100.00. Doing so will also provide a financial incentive for prospective applicants to abide by the City's established application process for joinders. The proposed text amendment is limited to Appendix C of the City's Land Development Code as shown below. If approved, staff will also update the Joinder Application accordingly. APPENDIX C - SCHEDULE OF LAND DEVELOPMENT REGULATION FEES AND CHARGES Fee Schedule: 19. "p j'.eatiens f - De Minimis erjeinder efpareels er lets--500.00 aI Applications Joinder ... $100 00 b) Applications for De Minimis Subdivision $500 00 ,cl Applications for Platted Parcel Split $500 00 plus $25 00 per acre 20. Parking reduction petition .....250.00 21. Holding zoning district boundary change (rezoning) .....600.00 plus $20.00 per acre 121 Submitted by: �l Ben Smith, AICP Director of Planning June 7, 2022 Okeechobee Planning Board Hearing: June 16, 2022 CITY OF OKEECHOBEE 1 MORRIS DEPEW MINUTE FILE INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 07/20/22 (Print Dates) or by publication on the newspaper's website, if authorized, on 07/20/22, 07/21/22, 07/22/22, 07/23/22, 07/24/22, 07/25/22, 07/26/22 07/27/22 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrina Elsken Muros Sworn to and subscribed before me by means of [:]Physical Presence OX Online Notarization ph, sisal presence or online notarization. this 20th day of July, 2022. !ANET SUE MADRAY htYCOMMVSSIOPJ#HH129146 4%PIRcS: May 12, 2025 f➢onded'fhrunotaryPublic Unde1tcrs S' (Signature of Notary Public) STAMP OF NOTARY PUBLIC g alga 1+emV13,exSf Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 CIfYOF OKEECHOBEE PUBLIC NOTICE CONSIDERATION OFADOPTING ACITYORDINANCE NOTICE IS HEREBYGLVFN tl�auftC4 CoLm14r GryafClu'e3Kbee FvA arduo;GatftM c Hexing cn August Z 2022, 5 PM, orass(onCiae bee fora m of the IlfoEasi53QdxaNa 1257mroda fivl n�c5ng AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING APPENDDC C, SCHEDULE OF LAND DEVELOPMENT REGULATION FEES AND CHARGES, LAND DEVELOPMENT REGU- LATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR ODN- M;HucT;PROVIDINGPDRTDMTION,P rINGFORSEVFR- 17 PROVIDING FORAN EFTiCTIVE DATE AAXcabn Na 2022-0@ TA abnAleA by CY SmR, temrsishbamend ors 19 and 22 d Appends C by ragucir g the 7drdaApoiohon fee Tmn W m $100, and mves min 22 to be Ian 19c The public is invited 6o attend the Public Haig and be heard on all matters The p cpo�d oniranee on be i= In ds e ti ety at the ad hMta�M+x <MYcatfodr-aWF4rry8 i7iAnrmmtheWforWTA aADVISEDaIdnt e,vdeo, ensothaomaoah a lure GtyS records. R90N DECMING�T APPEAL ay ded9ar made by the Cound wth runt I g netts ax>9daed at this me2bN wil new toarsue a ve�batm nxvd dthe proceedm is made and the rem d kdudes the te�naorry and a idaiae Won wtrch the appeal wi be bawl. In aondanre w91t the Prrcrimrs wit Dsab7Aes Act perrors w#h dobdi ies 8ie�rg�aoaI acmrmndaton to partdpate init45 puomdrg shah 031ad CdyOa O fi e in perm droll 863-763 9815, Hea Lryared: Florida Pda✓71-1 no late than far bz riez days prior m By: GCyClerk lane Ganiotea, CTC 599067 LON 7/20/2022 Q�12345 6a Q� (3� RECEIVED JUL 2 0 2022 I `� � �a 9S y 6 Z � Yid KDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 07/27/22 (Print Dates) or by publication on the newspaper's website, if authorized, on 07/27/22, 07/28/22, 07/29/22, 07/30/22 07/31 /22 08/01 /22 08/02/22 08/03/22 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. i Katrina Elsken Mims Sworn to and subscribed before me by means of Physical Presence 0 Online Notarization physical presence or online notarization, this 27th day of July. 2022. P F,:•y . !ANET SUE MADRAY f� 6,tY COMMISSION # HH 129146 l EXPIRES: May 12, 2025 ;�c' a,itded Thrlt Notary Public Unde%irI'� S (Signature of Notary Public) STAMP OF NOTARY PUBLIC :tfem V6, miNUTE FILE 822 Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 CITYOFOKEECHOBE CORRECTED PUBLIC NOTICE CONSIDERATION OFADOPnNG A CRY ORDINANCE NOTICE IS HEREBYGIVQJ 0�a[ihe Qy Carol dthe Clydghobee pwoill�mrduct�airyWbfc Ha�rirgm August2, 2022,5PM, aassoont ew"r (urad�gfiai dthe I, SU"-g3Qdrtar9 R'mmr>sderrat'ilredn9 c �: AN ORDINANCE OF THE CITY OF OKEECHDBEE, FLORIDA; AMENDING APPENDDL C, SCHEDULE OF LAND DEVELOPMENT REGULATION FEES AND CHARGES, LAND DEVELOPMENT REGU- LATIONS OF THE CDDE OF ORDIIJANCFS• PROVIDING FORCON- FLICT; PROVIDING PDROODIFICATION; PROVIDING FORSEVER- ABILITY; PROVIDING FOR AN EFFECTIVE DATE Appraticn Na 21-TI A sWrriUerf W Cty stiff, r m amaid ib Yns 19 and Append'a C q'5 the.birder App6�tion (� fran $500 to $100, and nn es item 22 to be item 19. c). The public'rs inv�ecl to at6end the Public� Heartng and be heard on all matipis The propaad ordinar>m on be nq�ata7 h a a�tirety at the address above doing ie0ular busr>� hors, Mm-Frl, 8 A1114 PM, e>�pt fa hol'daK, a m the wduie �://w,widydok�hObeewrrylx�l7lk-no- lio'.IYni. BE ADVLSFD Oat she YW i nd m ShLw arty doa,mat, pdum, vb-, or Rrrs m the Counol in sgpat or oppa6�t'ort m arty Lein on the aa9�errddaa a ggrthed nEM pickM video, ordesn mu2bepv.4ded totheCtyCledc for the C4ys ra»rds ANY PERSON DECIDING TO APPEAL arty ded4cn made N the Counal with tespaY m arty matb2r vxttiderad at this meeting wa r m erDxe a verlatint razed dthe plrg is Wade and the reaxd kdudes the hstirnxy and evirkrr� tpm wtthe agfaal be �In a¢ndarce with the Anus wth oimdlmes es Act pets w%ith disadlbes ncedirg f�oaal acmrmixlation ht partidpate in this p Doeeding shwld m tad 0ret3YCleiKsOffim in person ormll863-7fi3 J815, Hairrn�gg Inpaired: Florida Relay?-1-1 no kteman far Gaire¢drys pd& prorer_dirg. By. City Clerk Lane Gxrictaa, OHC 550691 LON 7/27/2022 PM 1 2 3 � S 6' RECEIVED d' JUL 2 7 2022 CO Sy£Z l Wd