2023-05-18 Approved Minutes o.,,,;..._ 9 7
` "T CITY OF OKEECHOBEE, FLORIDA
r1 PLANNING BOARD MEETING
`4 ;S3;;,,,;" MAY 18, 2023
SUMMARY OF BOARD ACTION
CALL TO ORDER
Chairperson Hoover called the regular meeting of the Planning Board for the City of
Okeechobee to order on Thursday, May 18, 2023, at 6:03 P.M. in the City Council
Chambers, located at 55 Southeast (SE) 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, Board
Members Phil Baughman, Karyne Brass, Rick Chartier, Mac Jonassaint, and Alternate
Board Members Jon Folbrecht and Jim Shaw were present. Vice Chairperson Doug
McCoy, and Board Member Carl Berlin, Jr., were absent with consent. Chairperson Hoover
moved Alternate Board Members Folbrecht and Shaw to voting position.
III. AGENDA
A. There were no items added, deferred, or withdrawn from the agenda.
B. Motion by Member Chartier, seconded by Member Jonassaint 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 Brass, seconded by Member Folbrecht to dispense with the
reading and approve the April 20, 2023, Regular Meeting minutes. Motion Carried
Unanimously.
V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M.
A. Continued from the April 20, 2023, Meeting, Land Development Regulation (LDR)
Text Amendment Application No. 23-001-TA, proposes to amend Chapters 14,
Businesses, and 90, Zoning, of the Code of Ordinances, by adding Section VI to
allow food trucks as a Special Exception use in the Central Business District (CBD),
Heavy Commercial (CHV), Light Commercial (CLT), Commercial Professional
Office (CPO), Industrial (IND), Public Use (PUB), and Rural Heritage (RH), Zoning
Districts; and create supplemental use standards for food trucks.
1. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc.
briefly explained at the April 20, 2023, Meeting, the Board discussed Mobile
Food Dispensing Vehicles (MFDVs) and that in 2020, Governor DeSantis
signed into law Senate Bill 474/House Bill 1171, which then enacted Florida
Statute 509.102. This law preempts local governments from entirely
prohibiting MFDVs within their jurisdiction and requiring a separate license,
registration, permit, or fee, other than what is required through the Florida
Department of Business and Professional Regulation. He then reviewed a
proposed ordinance which included classifications of different MFDVs;
regulations for operating without special exception approval or a temporary
use permit on private property in the IND, CHV, CLT, CBD, or CPO Zoning
Districts or on any property where a permanent house of worship is located;
operating with a special exception approval and operating with a temporary
use permit; general operating standards and enforcement. He also briefly
discussed Martin County's ordinance on the same topic. City Attorney Greg
Hyden, of Nason, Yeager, Gerson, Harris and Fumero, provided a copy to
the Board and discussed the main components of a simpler proposed
version.
2. Mr. Octavio Montiel, 8600 Southwest (SW) 9th Street, and Ms. Dennise
Rodriguez, 3616 SW 19th Street, of Okeechobee, Florida, requested
clarification where MFDVs would be permitted, with and without permission.
Board Secretary Burnette read into the record an email dated April 20, 2023,
from Ms. Ashley Sexton, voicing her support of MFDVs [copy has been made
part of the official minute packet].
May 18, 2023, Planning Board Meeting Page 1 of 2
9�. PUBLIC HEARING ITEMS CONTINUED
3. No Ex-Parte disclosures were offered.
4. Motion by Member Chartier, seconded by Member Folbrecht to recommend
approval to the City Council for LDR Text Amendment Application No. 23-
001-TA, as presented in [Exhibit 1 by the Planning Consultant]. The
recommendation will be forwarded to the City Council for consideration at
Public Hearings, tentatively scheduled for June 20, 2023, and July 18, 2023,
meeting. Motion Carried six to one, Member Brass voting No.
B. Consider LDR Text Amendment Application No. 23-002-TA, which proposes to
amend Chapter 78, Land Development Standards, Article IV, Stormwater
Management, to reflect changes in the State stormwater management regulations.
1. City Attorney Hyden briefly reviewed the proposed ordinance stating this
proposed language is needed to basically come into compliance with the
South Florida Water Management District.
2. Public Works Director David Allen advised that basically the City follows
these procedures already and now there is a little more criteria and
enforcement when dealing with Illicit discharge.
3. No Ex-Parte disclosures were offered.
4. Motion by Member Chartier, seconded by Member Baughman to recommend
approval to the City Council for LDR Text Amendment Application No. 23-
002-TA, as presented in [Exhibit 2]. The recommendation will be forwarded
to the City Council for consideration at Public Hearings, tentatively scheduled
for June 20, 2023, and July 18, 2023, meeting. Motion Carried
Unanimously.
C. Consider LDR Text Amendment Application No. 23-003-TA, which proposes to
amend Chapter 90, Zoning, Article III, Districts and District Regulations, by adding
Section 90-84, regulating the installation and removal of storm shutters.
1. City Attorney Hyden briefly reviewed the proposed ordinance explaining this
is needed due to Fire and Building codes for ingress and egress safety.
2. Board Secretary Burnette read into the record an email dated May 16, 2023,
from Mrs. Raia Black, 1521 SW 7th Avenue, Okeechobee, Florida, which
asked questions about procedures for seasonal residents [copy has been
made part of the official minute packet].
3. No Ex-Parte disclosures were offered.
4. Motion by Member Brass, seconded by Member Folbrecht to recommend
approval to the City Council for LDR Text Amendment Application No. 23-
003-TA, as presented in [Exhibit 3] with removal of the last sentence in
Section 90-84 (b) which reads "coverings which remain on the structure
pursuant to this subsection shall be designed or painted to match or
complement the color of the walls or trim of the building". The
recommendation will be forwarded to the City Council for consideration at
Public Hearings, tentatively scheduled for June 20, 2023, and July 18, 2023,
meeting. Motion Carried Unanimously.
CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 7:29 P.M.
VI. CITY ADMINISTRATOR UPDATE
No updates provided at this time.
VII. ADJOURNMENT
Chairperson Hoover adjourned the meeting at 7:29 P.M.
Submitted by:
dattu Rtu[ot ILL
Patty M. Burnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board with respect
to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made,which
record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole
purpose of backup for official records.
May 18, 2023, Planning Board Meeting Page 2 of 2