2023-05-18 Handwritten Minutes CITY OF OKEECHOBEE, FLORIDA
MAY 18, 2023, PLANNING BOARD MEETING
HANDWRITTEN MINUTES BY PATTY BURNETTE
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 Co:✓ P.M. in the City Council Chambers, located at 55
Southeast 3rd Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance.
II. ATTENDANCE
PRESENT ABSENT
Chairperson Dawn Hoover
Vice Chairperson Doug McCoy ✓
Board Member Phil Baughman ✓
Board Member Carl Berlin, Jr. ✓
Board Member Karyne Brass
Board Member Rick Chartier ✓
Board Member Mac Jonassaint ✓
Alternate Board Member Jon Folbrecht ✓ rn "J€d Vahv11
Alternate Board Member Jim Shaw ►gloved Fo \/D J
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City Attorney G1or,�lA e1azquez
City Administrator Gary Ritter ✓
City Planning Consultant Ben Smith �
Board Secretary Patty Burnette _ ✓
General Services Secretary Keli Trimnal ✓
III. AGENDA
A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or
withdrawn. There were ilu tk
B. Motion by Board Member C he'l) , seconded by Board Member t ; to
approve the agenda as presented.
Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman
Berlin 0 , Brass :- , Chartier , Jonassaint . Motion Carried/Denied.
Charm
C. Chairperson Hoover asked whether there were any comment cards submitted for items not
on the agenda. There were
IV. MINUTES
Motion by Board Member , seconded by Board Member (over)"14--- to
dispense with the reading and approve the April 20, 2023, Regular Meeting minutes.
b�''4
Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman
Berlin , Brass , Chartier , Jonassaint ✓. Motion Cgt''ried/Denied.
I-v l torPr
V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT o v5 P.M.
A. Continued from the April 20, 2023, Meeting, Land Development Regulation (LDR) Text
Amendment Application No. 23-001-TA, which 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, Heavy Commercial, Light
Commercial, Commercial Professional Office, Industrial, Public Use, and Rural Heritage
Zoning Districts; and create supplemental use standards for food trucks, and allowing for
temporary signage associated with Mobile Food Dispensing Vehicles (MFDVs); Repealing
all ordinances or parts of ordinances in conflict herewith; And providing for an effective date.
P. Burnette Handwritten Minutes, May 18, 2023, Page 1 of 22
V. PUBLIC HEARING ITEM A CONTINUED
1. No. 23-001-TA continued. City Planning Consultant Mr. Ben Smith of Morris-Depew
Associates, Inc briefly explained on 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 reviewed a proposed ordinance which includes
classifications of different MFDVs, regulations for operating on private property in the
Industrial (IND).
Planner Smith reviewed Staff Report and/or draft Ordinance. Sec. 14-300. Title —
This article shall be known and may be cited as the "Food Truck Ordinance", Sec.
14-301. Authority. This article is enacted under the home rule power of the city in
the interest of the health, safety, peace, and general welfare of the People of the city.
Sec. 14-302. Applicability. This section applies to vendors operating mobile food
dispensing vehicles ("MFDVs") as defined in Florida Statute. Sec. 14-341. Mobile
Food Dispensing Vehicle Classifications (1) Classifications. Mobile Food
establishments involving the use of a mobile food dispensing vehicle shall be
classified as follows:
(a) Class I- Mobile Kitchens.
(b) Class II— Canteen trucks.
(c) Class 111— Ice cream trucks.
(d) Exclusions. As used in this section, the term "mobile food dispensing vehicles"
does not include minor children operating lemonade or soft drink stands or other raw,
uncooked, unprepared, or nonedible perishable goods, or owners or operators of
food or beverage self-service vending machines.
Secs. 14-342-14-360. Reserved.
Sec. 14-361. Operating without special exception approval or temporary use permit.
(1)All classes of MFDV may operate on private property in the Industrial (IND), Heavy
Commercial (CHV), Light Commercial (CLT), Commercial Business District (CBD),
and Commercial Professional Office (CPO) zoning districts or on any property where
a permanent house of worship use is located according to the following standards:
(a) Written, signed consent of the owner of the property on which the vehicle is
operating shall be available upon request by a representative of the City or any
regulating agency. The written consent shall specify the address and/or parcel ID,
and the approved operating days and times authorized by the owner. (b) No more
than two (2) MFDVs shall operate on one parcel at the same time. (c) MFDV
operations, including customer queuing/waiting area may not occupy more than 5%
of the parking spaces required for the other active permitted use(s) on any parcel.
(d) Existing internal and external vehicle circulation patterns shall not be affected by
MFDV operations. The MFDV operations shall not cause or increase vehicle queuing,
congestion, or hazardous conditions. (e) Freestanding signage for each MFDV is
limited to one (1) non-affixed, A-frame ground sign to be no larger than twenty (20)
square feet in area (including both sides), to be removed once the MFDV is no longer
operational. (f) Placement of tables, seating, and canopies is not permitted in
association with MFDV operations. (g) All standards of Section 14-364 shall apply.
(2) Class III vehicles may operate in the public right-of-way in any zoning district
according to the following standards: (a) The MFDV may not be stationary for periods
exceeding 20 minutes and must not constitute a hazard to vehicular or pedestrian
traffic at any time. (b) No accessory or appurtenant structures or fixtures shall be
erected, installed, or constructed, and no temporary awning or canopy may be
employed. (c) No tables, seating, or canopies may be provided. (d) No sale of goods
shall occur outside of any vehicle operating on public rights of way. (e) Operation is
limited to the hours between 9:00 a.m. and sundown, whatever time that may occur.
(f) No sale or distribution of alcoholic beverages is permitted. (g) Short, pre-recorded
amplified songs or tunes may be broadcast so long as they comply with the City of
Okeechobee Noise and Vibration Standards. Amplified music lyrics may not be
broadcast at any time. (h) All standards of Section 14-364 shall apply.
P. Burnette Handwritten Minutes, May 18, 2023, Page 2 of 22
V. PUBLIC HEARING ITEM A CONTINUED
1. No. 23-001-TA continued. Sec. 14-362. Operating with a special exception approval.
All classes of MFDVs may operate as a special exception use in those zoning districts
where MFDVs are listed as a special exception use and only as approved through
the special exception process in accordance with any conditions and site design
standards required as part of the special exception approval. Application
considerations are as follows: (a) A pre-application meeting with City staff is
recommended. (b) Upon determination by the City Administrator, a traffic impact
study may be required. (c) A site plan shall be submitted demonstrating adequacy of
parking, internal/external vehicular circulation, pedestrian safety, customer service
area, compatibility with existing onsite and offsite uses. (d) Adequate sanitary
facilities, utility, drainage, refuse management, emergency services and access, and
similar necessary facilities and services will be available to serve employees and
patrons. (e) All standards of Section 14-364. (f) Standards for granting a special
exception use provided in 70-373(b) and the findings for approval provided in 70-
373(c). (g) The ultimate decision to approve, deny, or approve with conditions any
special exception application shall be the responsibility of the City of Okeechobee
Board of Adjustment, which may impose any condition necessary to ensure
compatibility of the proposed use and ensure public health, safety and welfare.
Zoning District or on any property where a permanent House of Worship use is
located, with Special Exception approval, with a Temporary Use Permit, general
operating standards, and enforcement.
Sec. 14-363. Operating with a temporary use permit. MFDVs may operate on private
property, public property and on rights-of-way as authorized by a temporary use
permit and in accordance with any conditions of that permit. Guidelines for MFDV
temporary use permit conditions are as follows: (1) The MFDV operator shall produce
a copy of the temporary use permit for inspection upon request by a representative
of the City or any regulating agency. (2) Mobile food establishments conducting
business in conjunction with a City-sanctioned event or activity, or events held on
City owned or controlled property shall comply with all standards and requirements
as established by the event coordinator and/or Planning and Development
Department, in addition to any applicable regulatory agency's regulations. (3)
Adequate sanitary facilities, utility, drainage, refuse management, emergency
services and access, and similar necessary facilities and services will be available to
serve employees, patrons, or participants. (4) Where a tent or similar structure is to
be used, such structure shall: (a) Comply with the requirements of the Fire Marshal.
(b) Provide the city with a certificate of insurance to cover the liability of the applicant
or sponsor. (c) Demonstrate that the tent is flame resistant by providing a certificate
of flame resistance or other assurance that the structure has been properly treated
with flame retarder and has been maintained as such. (5) Freestanding signage for
each MFDV is limited to one (1) non-affixed, A-frame ground sign to be no larger than
twenty (20) square feet in area (including both sides), to be removed once the MFDV
is no longer operational. (6) All standards of Section 14-364 shall apply.
Sec. 14-364. General Operating Standards. The following standards shall apply to
all MFDVs operating in the City unless otherwise stated in the conditions of a special
exception approval or temporary use approval or otherwise stated elsewhere in this
chapter. (a) Any person engaged in selling, preparing, or dispensing food from a
mobile food dispensing vehicle (MFDV) shall obtain the appropriate approvals and
licenses from the State of Florida Department of Business and Professional
Regulations, (DBPR). Florida Department of Health, and/or the Florida Department
of Agriculture and Consumer Services before operating and shall provide copies of
all approvals and licenses upon request. (b) The operator of a MFDV shall provide
the City, or other regulatory agencies, their Florida State sales tax number upon
request and shall maintain display a current vehicle registration tag. (c) The mobile
food establishment shall make the dispensing vehicle available for routine
inspections by the City of Okeechobee Fire Marshal, Building Inspector, or Code
Enforcement Officer at any time requested and at any frequency deemed
appropriate, while at location or in operation, to ensure compliance with all applicable
federal, state, and local fire safety statutes, regulations and codes, and local
regulations of this section. (d) Mobile food establishments shall comply with all
requirements of the most current edition of the Florida Fire Prevention Code (FFPC)
and the National Fire Protection Association (NFPA).
P. Burnette Handwritten Minutes, May 18, 2023, Page 3 of 22
V. PUBLIC HEARING ITEM A CONTINUED
1. No. 23-001-TA continued. Upon inspection, if the Fire Marshal or an authorized
designee determines any violations of the FFPC or NFPA exist, the mobile food
establishment can be required to cease operations immediately. (e) Mobile food
establishments shall have hand sanitizer, or similar, visible and readily available for
customer use at all times during hours of operation. (f) MFDVs that remain
operational on the same site for longer than three (3) consecutive hours must provide
restrooms, or written consent from the property owner allowing public access to
existing restrooms within 150 feet of the stationary vehicle. (g) MFDV operations shall
not interfere with vehicular and pedestrian movement or visibility, block access to
loading/service areas, emergency access and fire lanes, driveways, sidewalks,
emergency exits, or damage landscaped areas on adjacent sites. (h) Except for
Class III MFDVs operating in the right of way according to the provisions of 14-361(2),
waste receptacles, not less than 32 gallons, shall be provided adjacent to the MFDV,
for litter associated with the sales activity. The MFDV operator shall remove all litter,
debris, and other waste attributable to the vendor and/or customers on a daily basis
and ensure that waste disposal receptacle is not overfilled at any time. (i) Waste, fat,
oil, grease, greywater, or similar substances shall not be discharged into any
stormwater system, landscape area, sidewalks, or rights of way. MFDV operators are
responsible for proper disposal of any waste material in accordance with federal,
state, county, or municipal laws, rules, regulations, orders, or permits. (j) Mobile Food
Dispensing Vehicles shall not sell alcohol unless specifically licensed to do so and
must provide copies of all alcohol-related licensing upon request. (k) Except for Class
III vehicles operating in the rights of way according to the provisions of 14-361(2), a
MFDV shall not make sounds, announcements, or amplify music to call attention to
its vending or products either while traveling on public or private right-of-way or when
stationery. (I) Using balloons, banners, snipe signs, large flashing lights, flags, or
other similar devices to attract customers is prohibited, except in accordance with
City sign regulations. (m) MFDVs shall not park within any required landscape buffers
or stormwater retention/detention area. (n) MFDVs shall not obstruct the usage of
American with Disabilities Act (ADA) accessible parking spaces or associated ADA
access aisles. (o) Serving from a free-standing grill is prohibited. (p) It is prohibited
to solicit sales of food or beverages by:
Stopping passersby;
ii. Yelling or making loud noise to attract customers;
iii. Using sound amplification in such a manner as to unreasonably
disturb peace, quiet and comfort; or
iv. Having an attraction which will blockade a street, sidewalk or other
public place.
Sec. 14-365. Enforcement. (1) Owners and operators of mobile food dispensing
vehicles and property owners on which such vehicles operate, shall be jointly and
severally liable for any violations of this section, subject to the penalty provisions set
forth in this section. (2) City Code compliance shall be responsible for the
enforcement of the provisions within section 14-300. MFDVs operating in non-
compliance of any of the provisions of this section will have the option to immediately
cease all operations and leave the location. If there is refusal leave the site, a citation
in the amount of no less than $200.00 per infraction/per day will be issued to the
landowner and the City will bring forward a code compliance case against the
underlying landowner with the intent of collecting the fine in accordance with City
code compliance enforcement procedure.
Section 4. Chapter 90 — Zoning, is hereby amended by adding "Mobile Food
Dispensing Vehicles" to the list of special exception uses in the CPO, CLT, CHV,
CBD, IND, PUB, and RH zoning districts, and allowing for temporary signage
associated with MFDVs as follows:
CHAPTER 90 —ZONING
ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS
DIVISION 6. - COMMERCIAL PROFESSIONAL AND OFFICE (CPO) DISTRICT
Sec. 90-223. - Special exception uses.
(14) Mobile Food Dispensing Vehicles
DIVISION 7. - LIGHT COMMERCIAL (CLT) DISTRICT
P. Burnette Handwritten Minutes, May 18, 2023, Page 4 of 22
V. PUBLIC HEARING ITEM A CONTINUED
1. No. 23-001-TA continued.
Sec. 90-253. - Special exception uses.
(24) Mobile Food Dispensing Vehicles
DIVISION 8.- HEAVY COMMERCIAL (CHV) DISTRICT
Sec. 90-283. - Special exception uses.
(29) Mobile Food Dispensing Vehicles
DIVISION 9. - CENTRAL BUSINESS (CBD) DISTRICT
Sec. 90-313. - Special exception uses.
(14) Mobile Food Dispensing Vehicles
DIVISION 10. — INDUSTRIAL (IND) DISTRICT
Sec. 90-343. - Special exception uses.
(13) Mobile Food Dispensing Vehicles
DIVISION 11. - PUBLIC USE (PUB) DISTRICT
Sec. 90-373. - Special exception uses.
(4) Mobile Food Dispensing Vehicles
DIVISION 15. -- RURAL HERITAGE (RH) DISTRICT
Sec. 90-436. - Special exception uses.
(2) Reserved. Mobile Food Dispensing Vehicles.
(3) Reserved.
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 5. - SIGNS
Sec. 90-570. — Allowable temporary signs (no permit required).
(b) The following temporary signs are permitted without a sign permit, provided
that the sign conforms to the requirements associated therewith. Further,
these signs shall not be counted as part of the allowable number or area of
freestanding or building signs.
(5) Except for Class III MFDVs operating in the right of way according to the
provisions of 14-361(2), and unless otherwise permitted according to an
approved special exception or temporary use permit, Mobile Food Dispensing
Vehicles (MFDV) are allowed one (1) non-affixed, A-frame ground sign to be
no larger than twenty (20) square feet in area (including both sides), to be
removed once the business is no longer operational.
SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 6. That this Ordinance shall take effect immediately upon its final adoption
by the City Commission of the City of Okeechobee, Florida
P. Burnette Handwritten Minutes, May 18, 2023, Page 5 of 22
V. PUBLIC HEARING ITEM A CONTINUED
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V. PUBLIC HEARING ITEM A CONTINUED
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P. Burnette Handwritten Minutes, May 18, 2023, Page 7 of 22
V. PUBLIC HEARING ITEM A CONTINUED
2. There were public comments or questions from those in attendance or
submittto the Board Secretary. were offered.
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V. PUBLIC HEARING ITEM A CONTINUED
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V. PUBLIC HEARING ITEM A CONTINUED
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V. PUBLIC HEARING ITEM A CONTINUED
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V. PUBLIC HEARING ITEM A CONTINUED
3. There were Ex-Parte disclosures offered by the Board.
4. Motion by Board Member Oar��'�' , seconded by Board Member
r to recommend to the City Council approval of LDR Text
Amendment Application No. 23-001-TA, which proposes to amend Chapters 14 and
90 of the Code of Ordinances to allow and regulate the operation of Mobile Food
dispensing with the following modifications:
latier G+✓ra.i _ eA, re ; p ice l�f� 361 )
The recommendation will be forwarded to the City Council for consideration at Public
Hearings tentatively scheduled for June 20, 2023, and July 18, 2023. Motion Carried
Chairperson Hoover Vice Chairperson McCoy 6.- Board Members Baughman ,
Brass j :';_, Chartier t/ , Jonassaint ✓" , Berlin Motion Carried/Denied.
VP_rt(R' Shut°, Lifer'
B. Consider Land Development Regulation 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 Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc briefly
reviewed the Planning Staff Report and/or draft Ordinance.
SECTION 2: Amendment and Adoption to Chapter 78. That the City Council for
the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances,
Subpart B-Land Development Regulations, Chapter 78- Development Standards, by
replacing Article IV. — Stormwater Management, in its entirety as follows:
ARTICLE IV. — STORMWATER MANAGEMENT
Sec. 78-101 — Stormwater management. The City of Okeechobee hereby adopts
by reference the stormwater management rules of the South Florida Water
Management District, chapter 40E-4, FAC. Part 78-101 of this Code may be
replaced, in whole or in part, by a technical standards manual incorporated into this
Code by resolution of Okeechobee City Council. Until that time, the technical
standards below shall govern. Standards not incorporated into the technical
standards manual shall be as below.
P. Burnette Handwritten Minutes, May 18, 2023, Page 12 of 22
V. PUBLIC HEARING ITEM B CONTINUED
Sec 78-102 — Local review and approval of stormwater management system.
The South Florida Water Management District provides exemptions for the need to
obtain permits for development projects and land parcels below their respective
minimum area thresholds. Specifically, a request for exemption for a project with less
than ten acres of total land area must, at a minimum, contain paving and drainage
plans and calculations of the project, signed and sealed by a professional engineer,
which denotes the total land area, the total area of impervious surface, the location
of any on-site wetlands, and the location and details of the surface water
management system including, but not limited to, any lakes, culverts, pipes,
exfiltration trench, discharge structures, pumps and related facilities. In addition, an
entity requesting an exemption must provide local government approval of the project
and an affidavit of ownership, along with the underlying documentation. Therefore,
regardless of whether or not stormwater management permits are required by the
South Florida Water Management District, notwithstanding other exemptions cited in
Sec. 78-105, all applications for development are required to submit a stormwater
management plan, and erosion and sediment control plan for review and approval
by the City. Those plans are to be based on the standards and criteria of the South
Florida Water Management District.
Sec. 78-103 - Specialized definitions.
The following definitions shall apply to Article IV and all sections thereof and
subsections thereto. Alter or alteration. Work done on a stormwater management
system other than that necessary to maintain the system's original design and
function. Best Management Practices (BMPs). Schedules of activities, prohibitions
of practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly to stormwater
receiving waters or stormwater conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage, leaks,
sludge, water disposal, or drainage from raw materials storage. Construction
Activity. Activities subject to NPDES Construction Permits. Detention. The
collection and storage of surface water for subsequent gradual discharge. Erosion
and Sediment Control Plan. A set of plans prepared by or under the direction of a
licensed engineer indicating the specific measures and sequencing to be used to
control sediment and erosion on a site during and after construction. Hazardous
Materials. Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to a substantial presence or
potential hazard to human, health, safety, property, or the environment, when
improperly treated, stored, transported, disposed of, or otherwise managed.
Existing. For purposes of the stormwater management provisions of this Code, the
average condition immediately before development or redevelopment commences.
Illicit Connection. (1)Any drain or conveyance, whether on the surface or subsurface,
which allows any illicit discharge to enter the stormwater system including, but not
limited to, any connections to the storm drain system from indoor drains and sinks;
or (2) Any drain or conveyance connected from a commercial or industrial land use
to the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agency. Illicit
Discharge. A discharge to the storm water system within the City that is not
composed entirely of stormwater as exempted in section 78-108 of this Ordinance.
Impervious surface. A surface that has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water. It includes, but is not limited
to, semi-impervious surfaces such as compacted clay, as well as most conventionally
surfaced streets, roofs, sidewalks, parking lots and other similar structures.
Maintenance. That action taken to restore or preserve the original design and
function of any stormwater management system. MS4 or Municipal Separate Storm
Sewer System. Publicly owned conveyance or system of conveyance (i.e. ditches
curbs catch basins and underground pipes) designed to discharge stormwater to
surface waters of the State. National Pollutant Discharge Elimination System
(NPDES) Stormwater Discharge Permit. A permit issued by EPA or by a State
under authority delegated pursuant to 33 U.S.C. §1342(b)) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis. Non-stormwater
Discharge. Any discharge to the storm drain system that is not composed entirely of
stormwater. Natural systems. Systems which predominantly consist of or are used
by those communities of plants, animals, bacteria and other flora and fauna which
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V. PUBLIC HEARING ITEM B CONTINUED
occur indigenously on the land, in the soil or in the water. Pollutant. Anything which
causes or contributes to pollution. Pollutants may include but are not limited to paints,
varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and If
applicable, language to be added is underlined. If applicable, language to be deleted
is struck through solid wastes and yard wastes; refuse, rubbish, garbage, litter, or
other discarded or abandoned objects; ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal, coliform, and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Premises. Any building lot parcel of land or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips. Rate. Volume per unit
of time. Retention. The collection and storage of runoff without subsequent
discharge to surface waters. Sediment. The mineral or organic particulate material
that is in suspension or has settled in surface or ground waters. Site. Generally, any
tract, lot or parcel of land or combination of tracts, lots, or parcels of land that are in
one ownership, or in diverse ownership but contiguous, and which are to be
developed as a single unit, subdivision, or project. Stormwater. The flow of water
which results from, and that occurs immediately following, a rainfall. Stormwater
management system. The system, or combination of systems, designed to treat
stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of
stormwater on, through and from a site. Stormwater Pollution Prevention Plan. A
document which describes the Best Management Practices (BMP's) and activities to
be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pollutant discharges to
stormwater, stormwater conveyance systems, and/or receiving waters to the
maximum extent practicable. Stormwater runoff. That portion of the stormwater that
flows from the land surface of a site either naturally, in manmade ditches, or in a
closed conduit system. Surface water. Water above the surface of the ground
whether or not flowing through definite channels, including the following: (1) Any
natural or artificial pond, lake, reservoir, or other area which contains water and which
has a discernible shoreline; or (2) Any natural or artificial stream, river, creek,
channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway,
swale or wash in which water flows in a definite direction and which has a definite
flow route; or (3) Any wetland. Wetland. Land that is inundated or saturated by
surface water or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do or would support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. The term includes, but is not
limited to, swamp hammocks, hardwood swamps, riverine cypress, cypress ponds,
bayheads and bogs, wet prairies, and freshwater marshes.
Sec. 78-104 - Relationship to other stormwater management requirements.
In addition to meeting the requirements of this Code, the design and performance of
all stormwater management systems shall comply with applicable state regulations
regarding stormwater quality (chapter 17-25 and chapter 17-302, Florida
Administrative Code) or rules of the South Florida Water Management District as
appropriate.
Sec. 78-105 - Exemptions.
The following development activities are exempt from these stormwater management
requirements, except that steps to control erosion and sedimentation must be taken
for all development. (1) The construction of a single-family or duplex residential
dwelling unit and accessory structures on a single parcel of land. (2) Any
development within a subdivision if each of the following conditions have been met:
(a) Stormwater management provisions for the subdivision were previously approved
and remain valid as part of a final plat or development plan; and (b)The development
is conducted in accordance with the stormwater management provisions submitted
with the final plat or development plan. (3) Maintenance activity that does not
adversely affect the quality, rate, volume or location of stormwater flows on the site
or of stormwater runoff. (4) Action taken under emergency conditions to prevent
imminent harm or danger to persons, or to protect property from imminent fire, violent
storms, hurricanes or other hazards.
P. Burnette Handwritten Minutes, May 18, 2023, Page 14 of 22
V. PUBLIC HEARING ITEM B CONTINUED
Sec. 78-106. - Stormwater management requirements.
(1) Performance standards. All development must be designed, constructed and
maintained to meet the following performance standards: (a) While development
activity is underway and after it is completed, the characteristics of stormwater runoff
shall approximate the rate, volume, quality, and timing of stormwater runoff that
occurred under the site's natural unimproved or existing state, except that the first
one inch or the total runoff of 2.5 times the percentage impervious, whichever is
greater, of stormwater runoff shall be retained in an off-line dry or wet retention
system or according to other best management practices. (b) The proposed
development and development activity shall not violate the water quality standards
as set forth in chapter 17-3, Florida Administrative Code. (c) All commercial or
industrial development shall provide 0.5 inches of stormwater pretreatment in a dry
retention area in addition to subsection 1, above. (d) Dry retention and detention
systems shall be designed with the wet season water table at least one foot below
the bottom surface of the treatment area. (e) Wet detention systems shall have water
depths no more than ten feet, unless specifically accepted by the City, and side
slopes of 4:1 from proposed finished grade to two feet below the control elevation.
(2) Design standards, systemwide. To comply with the foregoing performance
standards the proposed stormwater management system shall conform to the
following design standards: (a) Detention and retention systems shall be designed to
comply with the appropriate standards set out in the South Florida Water
Management District's Permit Information Manual, Volume IV, Management and
Storage of Surface Waters. (b) The proposed stormwater management system shall
be designed to accommodate the stormwater that originates within the development
and stormwater that flows onto or across the development from adjacent lands. (c)
The proposed stormwater management system shall be designed to function
indefinitely if properly maintained and shall comply with subsections 78-107(A) and
78-107 (B) of this Code. (d) The design and construction of the proposed stormwater
management system shall be certified as meeting the requirements of this Code by
a professional engineer registered in the State of Florida. (e) A Stormwater Pollution
Prevention Plan certified as meeting the requirements of this Code by a professional
engineer registered in the State of Florida shall be submitted with the proposed
stormwater management system. (f) No surface water may be channeled or directed
into a sanitary sewer. (g) The proposed stormwater management system shall be
compatible with the stormwater management facilities on surrounding properties or
streets, taking into account the possibility that substandard systems may be improved
in the future. (h) The banks of detention and retention areas should be sloped to
accommodate and should be planted with appropriate vegetation. (i) Natural surface
waters shall not be used as sediment traps during or after development. (I) For
aesthetic reasons and to increase shoreline habitat, the shorelines of detention and
retention areas shall be sinuous rather than straight. (k) Water reuse and
conservation shall, to the maximum extent practicable, be achieved by incorporating
the stormwater management system into irrigation systems serving the development.
(I) Vegetated buffers of sufficient width to prevent erosion shall be retained or created
along the shores, banks or edges of all natural or manmade surface waters. (m) In
phased developments the stormwater management system for each integrated stage
of completion shall be capable of functioning independently as required by this Code.
(n) All detention and retention basins, except natural water bodies used for this
purpose, shall be accessible for maintenance from streets or public rights-of-way. (o)
All drainage systems will provide best management practices (BMP)for water quality.
(3) Design standards, streets and swales. (a) Valley curb. Valley curb shall be 24
inches wide with a minimum thickness of six inches at the center, with a three-inch
rise to the back of the curb and one inch to the pavement edge, 3,000 psi concrete
used throughout. Design to be submitted to the City for approval. (b) Curb and gutter.
Curb shall be 12 inches deep, five-inch top width with a six-inch-deep, oneinch-wide
reveal on the face. Gutter shall be six inches deep, 18 inches wide with a slope of
one inch to one foot, 3,000 psi concrete used throughout. Design to be submitted to
the City for approval. (c)Vertical curb. Vertical curb without gutters shall be six inches
wide, 18 inches deep with six-inch curb above pavement, 3,000 psi concrete used
throughout. Design to be submitted to the City for approval. (d) Culvert pipe. Culvert
pipe shall be reinforced concrete pipe, asphalt coated corrugated metal pipe,
aluminum pipe, or approved equivalent. Culvert pipe not subjected to wheel traffic
loads may be of nonreinforced concrete, asphalt coated corrugated metal pipe or
such aluminum pipe conforming to specifications of AASHTO.
P. Burnette Handwritten Minutes, May 18, 2023, Page 15 of 22
V. PUBLIC HEARING ITEM B CONTINUED
(e) Headwalls. All culverts under roadways shall have headwalls made of reinforced
concrete or concrete block with reinforcement, or other approved structures. Where
shallow swale ditches intersect deeper drainage ditches, erosion control shall be
provided by use of culvert pipes, concrete swales, sandbag riprap, headwalls with
spillways, or other suitable means approved to by the City. a. Sandbag riprap. The
sandbag riprap mixture shall contain at least one part cement to five parts of clean
sand. Construction methods shall comply with FDOT standards b. The proposed
design of reinforced concrete headwalls shall be submitted for approval of the City.
c. The proposed design of reinforced concrete block headwalls shall be submitted
for approval of the City. 6. Manholes and junction boxes. All manholes or junction
boxes shall be a minimum of four feet inside diameter at the base with straight walls
or corbelled a maximum of four inches in one foot, with steps and suitable cover for
access. All inverts are to be formed to a minimum of one-half the pipe diameter.
Proposed designs shall be submitted for approval of the City. 7. Catchbasins. All
catchbasins shall have a minimum inside area of ten square feet with straight walls
and suitable access either through removable grates or manhole covers. Proposed
designs shall be submitted for approval of the City. 8. Valley crossings in streets.
Valley crossings in streets shall not be permitted. 9. Underdrains. a. Underdrains for
curb and gutter construction. Where road construction incorporates curbs and
gutters, underdrains shall be installed if the bottom of the curb is less than 24 inches
above the existing water table unless the lack of such underdrains is demonstrated
to meet the standard specifications on subsurface drainage of the Okeechobee
County department of engineering. The underdrains shall be 18 inches outside of the
street line or curb and a minimum of 18 inches below the bottom of the base or curb
with a slope to a positive outfall. b. Underdrains for roadside swale construction.
Where road construction incorporates swale construction, underdrains shall be
installed if the water table is less than 24 inches below the invert of the swale unless
the lack of such underdrains is demonstrated to meet standard specifications on
subsurface drainage of the Okeechobee County department of engineering. c.
Underdrain specifications. Pipe used for underdrains shall have a minimum diameter
of four inches. Suitable plastic, vitrified clay, bituminous fiber, concrete, asphalt
coated metal, or other pipes approved by the City. Underdrain pipe construction shall
be suitable for the purpose and the rock, slag or other materials used for pipe beds
shall be as approved by the City. 10. Swale ditches. a. Swale ditch geometry. Swale
drainage will have a maximum side slope of one to four. The minimum shoulder width
shall be five ft. on both sides. Ditches shall be located within the rights-of-way, except
that provided a backslope of one to four has been allowed for in the right-of-way, a
flatter backslope extending beyond the right-of-way may be permitted. Minimum
bottom width of swale shall be one-foot, minimum depth of swale shall be eight
inches. b. The minimum road right-of-way where roadside swale drainage is to be
employed may be computed by the following formula:
W = P + 2(8D + 1) + 2B
Where:
W = Right-of-way width in feet
P = Width of paving in feet
B = Width of shoulder (berm) in feet
D = Maximum width of swale in feet
c. Swale ditch erosion protection. Swale ditches shall be provided with permanent
erosion protection. Such protection may be turf, using an approved type grass, or
approved type of pavement liner may be utilized. When turf, using an approved type
protection is used, the swale ditches shall be sodded, sprigged or seeded a lateral
distance extending from within one foot of the road pavement to the top of the swale
ditch backslope. Mulching in accordance with the Okeechobee County department
of engineering standards shall be acceptable. d. Driveways across swale ditches.
Driveways across swale ditches shall be constructed to conform to the swale profile.
e. Swales for drainage in subdivisions shall have bottoms two feet above high water
table.
Sec. 78-107 - Dedication or maintenance of stormwater management systems.
A. Dedication. If a stormwater management system approved under this Code will
function as an integral part of the City-maintained regional system, as determined by
the City, the City shall have the option of requiring that the facilities be dedicated to
the City. In no event shall any stormwater management system, including lakes,
canals, and waterways, be granted, conveyed or dedicated to the City without the
consent of the Okeechobee City Council.
P. Burnette Handwritten Minutes, May 18, 2023, Page 16 of 22
V. PUBLIC HEARING ITEM B CONTINUED
B. Maintenance by an acceptable entity.
1. All stormwater management systems that are not dedicated to the City shall be
operated and maintained by one of the following entities: a. An active water control
district created pursuant to F.S. ch. 298 or drainage district created by special act, or
community development district created pursuant to F.S. ch. 190, or special
assessment district created pursuant to F.S. ch. 170. b. A state or federal agency. c.
An officially franchised, licensed or approved communication, water, sewer, electrical
or other public utility. d. The property owner or developer if: (1) Written proof is
submitted in the appropriate form by either letter or resolution, that a governmental
entity or such other acceptable entity, as set forth in paragraphs a—c above, will
accept the operation and maintenance of the stormwater management and discharge
facility at
a time certain in the future. (2) A bond or other assurance of continued financial
capacity to operate and maintain the system is submitted. e. For-profit or nonprofit
corporations including homeowners' associations, property owners' associations,
condominium owners' associations or master associations if: (1) The owner or
developer submits documents constituting legal capacity and a binding legal
obligation between the entity and the City affirmatively taking responsibility for the
operation and maintenance of the stormwater management facility. (2) The
association has sufficient powers reflected in its organizational or operational
documents to: (a) Operate and maintain the stormwater management system as
permitted by the City. (b) Establish rules and regulations. (c) Assess members. (d)
Contract for services. (e) Exist perpetually, with the articles of incorporation providing
that if the association is dissolved, the stormwater management system will be
maintained by an acceptable entity as described above. 2. If a project is to be
constructed in phases, and subsequent phases will use the same stormwater
management facilities as the initial phase or phases, the operation/maintenance
entity shall have the ability to accept responsibility for the operation and maintenance
of the stormwater management systems of future phases of the project. In any event,
the backbone stormwater management system shall be constructed for the entire
project. 3. In phased developments that have an integrated stormwater management
system, but employ independent operation/maintenance entities for different phases,
the operation/maintenance entities, either separately or collectively, shall have the
responsibility and authority to operate and maintain the stormwater management
system for the entire project. That authority shall include cross easements for
stormwater management and the authority and ability of each entity to enter and
maintain all facilities, should any entity fail to maintain a portion of the stormwater
management system within the project. 4. The applicant shall be an acceptable entity
and shall be responsible for the operation and maintenance of the stormwater
management system from the time begins until the stormwater management system
is dedicated to and accepted by another acceptable entity. C. Off-site stormwater
conveyance systems. Where a private off-site stormwater management or
conveyance system is required to obtain a final development order pursuant to the
provisions of this Code, perpetual easements shall be obtained by the developer.
The easements required by this subsection shall provide the City with the right, but
not the obligation to maintain the conveyance or stormwater management system
located thereon.
Sec. 78-108 - Prohibition of Illicit Discharge
A. No person shall directly or indirectly cause an illicit discharge to enter the
stormwater system. Categories of illicit discharges include, but are not limited to, the
following: 1. Petroleum products including, but not limited to, oil, gasoline, and grease
2. Solid waste or sanitary sewage 3. Chemicals including, but not limited to, fertilizers
and pesticides 4. Paints, solvents, or degreasers 5. Concrete slurry 6. Laundry
wastes or soaps 7. Antifreeze and other automotive products 8. Soil 9. Leaves,
branches, and other yard/landscaping waste 10. Construction materials 11. Toxic or
poisonous solids or liquids 12. Solids or suspended solids in such quantities or of
such size capable of causing interference or obstruction to the flow in the stormwater
system. B. The following categories of non-stormwater discharges are exempt from
discharge prohibitions established by this Section provided they do not cause a
violation of water quality standards as determined by the State of Florida: 1. Water
line flushing 2. Irrigation water 3. Diverted stream flows 4. Rising ground waters 5.
Uncontaminated groundwater infiltration as defined at 40 CFR 35.2005(20), its
amendments, or its successor statutes, currently defined as "Water other than
wastewater that enters a sewer system (including sewer service connections and
foundation drains) from the ground through such means as defective pipes, pipe
P. Burnette Handwritten Minutes, May 18, 2023, Page 17 of 22
V. PUBLIC HEARING ITEM B CONTINUED
joints, connections, or manholes. Infiltration does not include, and is distinguished
from, inflowl.]"
6. Discharges from potable water sources 7. Foundation drains 8. Air conditioning
condensate 9. Springs 10. Water from crawl space pumps 11. Footing drains 12.
Lawn watering runoff 13. Water from individual residential car washing 14. Flows
from riparian habitats and wetlands 15. Dechlorinated swimming pool discharges 16.
Residual street wash water 17. Discharges from bona fide agricultural activities that
conform to 18. best management practices 19. Discharges or flows from firefighting
activities 20. Discharges specified in writing by the City as being necessary to protect
public health, safety and welfare. 21. Discharge(s) pursuant to a NPDES permit.
Sec. 78-109 - Prohibition of Illicit Connections
The construction, use, maintenance or continued existence of illicit connections to
the stormwater system is prohibited.
Sec. 78-110 - Reporting of Illicit Discharges and Illicit Connections
Upon discovery of an illicit discharge or an illicit connection, the person(s) responsible
for the illicit discharge or the illicit connection shall report his or her findings
immediately to the City.
Sec. 78-111 - Enforcement, Penalties, and Liability for Pollution Abatement
A. The provisions of this Ordinance shall be enforced as provided in Chapter 18 of
the City of Okeechobee Code of Ordinances and any amendment(s) thereto. B. No
person shall oppose, obstruct or resist any enforcement officer, designated City staff,
or any person authorized by the enforcement officer or designated City staff in the
discharge of his or her duties, as provided in this Ordinance. C. Any person
responsible for an illicit connection, or an illicit discharge, to the stormwater system,
is subject to fine(s) and shall be responsible to pay both the necessary expenses
incurred in evaluating, treating, and disposing of pollutant materials and also the
reasonable cost of repairs. A lien may be placed against the land on which the
violation exists and upon any other real or personal property owned by the violator.
D. The remedies and penalties provided in this Ordinance are not exclusive, and the
City may seek whatever other remedies are authorized by statute, at law, or in equity
against any person who violates the provisions of this Ordinance.
Sec 78-112 —Accidental Discharges
A. Notwithstanding other requirements of law, as soon as any person responsible for
a facility or operation, or responsible for emergency response for a facility or
operation has information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging into stormwater,
the storm drain system or waters of the U.S. said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials said person shall immediately notify
emergency response agencies of the occurrence via emergency dispatch services
911. In the event of a release of hazardous materials, said person shall notify the
authorized enforcement agency in person or by phone or facsimile no later than the
next business day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to City of Okeechobee within three business days of
the phone notice. If the discharge of prohibited materials emanates from a
commercial or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least three years.
Sec 78-112 - Erosion and Sediment Control Plan
A. No person may engage in construction activity until a plan has been submitted for
erosion and sediment control and such plan has been approved by the City Public
Works Department or designee. The plan must address all applicable BMPs for
erosion control and shall include a statement that any land clearing construction or
development involving the movement of earth shall be in accordance with the Erosion
and Sediment Control Plan and that a certified contractor shall be on site on all days
when land disturbing activity takes place.
P. Burnette Handwritten Minutes, May 18, 2023, Page 18 of 22
V. PUBLIC HEARING ITEM B CONTINUED
Sec 78-113 — Erosion Control Standards
A. Clearing except that necessary to establish sediment control devices shall not
begin until all sediment control devices have been installed and have been stabilized
Clearing techniques that retain natural vegetation and drainage patterns shall be
implemented to the satisfaction of the City Public Works Department or designee. B.
Grading erosion control practices sediment control practices and waterway crossings
shall be adequate to prevent transportation of sediment from the site and be
maintained to project completion to the satisfaction of the City Public Works
Department or designee. C. The angle for graded slopes and fills shall not be greater
than the angle which can be retained by vegetative cover or other adequate erosion
control devices or structures generally 41or less Slopes left exposed will within ten
10 working days of completion of any phase of grading be planted or otherwise
provided with ground cover devices or structures sufficient to prevent erosion. D.
Groundcover sufficient to restrain erosion must be planted or otherwise provided
within ten 10 working days on portions of cleared land upon which further
construction activity is not being undertaken within thirty 30 days of clearing. E.
Vegetative cover or other erosion control devices or structures used to meet these
requirements shall be properly maintained during and after construction. F.
Temporary seeding or sodding adequate covering or chemical application on
exposed soils including stockpiles of topsoil sand or other construction fill shall be
used where delays in construction of more than seven 7 days are anticipated. G. The
operator of any construction project that disturbs one acre or more or is part of the
larger common plan of development or sale which disturbs one acre or more is
required to obtain the proper stormwater permit from the Florida Department of
Environmental Protection and to comply with all the terms and conditions of the
permit in addition to any City requirements. The operator shall maintain a copy of the
permit on-site for review by any authorized official upon request. H. Waste generated
onsite including but not limited to discarded building materials concrete truck wash
out chemicals litter and sanitary waste must be stored secured or otherwise
controlled to the maximum extent practicable to prevent adverse impacts to water
quality.
Sec 78-114 — Exemptions
A. Any emergency activity necessary for the protection of life property or natural
resources maintenance and repair work to the City's MS4 permitted mining
operations and existing nursery and agricultural operations conducted as a permitted
main or accessory use provided such activities do not contribute to any on site
generated erosion or degradation of lands or water beyond the boundaries of the
property or area are exempt from this chapter.
SECTION 3: CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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.
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6 P. Burnette Handwritten Minutes, May 18, 2023, Page 19 of 22
V. PUBLIC HEARING ITEM B CONTINUED
2. There were Public Comments or questions from those in attendance or
submitted tot Board Secretary.
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Ex-Parte disclosures offered by the Board.
2. Motion by Board Member seconded by Board Member
to recommend to the City Council approval of 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
ivi A the State stormwater management regulations.
Of;ttu-
The recommendation will be forwarded to the City Council for consideration at
Public Hearings tentatively scheduled for June 20, 2023, and July 18, 2023.
u
Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman ,
Berlin -r: , Brass ` rr Chartier , Jonassaint . Motion Carried/Denied.
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C. Consider Lan evelopment Regulation 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.
City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc briefly
reviewed the Planning Staff Report and draft Ordinance.
SECTION 2: Amendment and Adoption to Chapter 90.
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 Chapter 90-Subdivisions, Division 1.-Generally, by adding a new
section 90-84 as follows:
Sec. 90-84. Periods during which storm shutters may not remain in place;
exceptions. (a) During the period starting on December 1 and ending on May 31,
inclusive, (i) Storm shutters or storm panel systems permanently installed, hung, or
attached to a building which serve both as architectural features on the building and
as protective coverings when closed in the event of a storm shall not remain in a
closed/secured position so as to block windows or doors unless a hurricane or
tropical storm "warning" or "watch" has been issued. In the event of the issuance of
P. Burnette Handwritten Minutes, May 18, 2023, Page 20 of 22
V. PUBLIC HEARING ITEM C CONTINUED
a hurricane or tropical storm "warning" or "watch", storm shutters or storm panel
systems are allowed to cover the window and/or door openings, but must be removed
or opened, as applicable, within two (2) weeks of the end of the storm event. If a
hurricane or tropical storm watch occurs during the two-week period, a new two-week
period shall begin upon the publication of a new hurricane or tropical storm warning.
(ii) storm shutters or hurricane protection devices that are composed of removable
panels shall not be installed so as to block windows or doors unless a hurricane or
tropical storm "warning" or "watch" has been issued. In the event of the issuance of
a hurricane or tropical storm "warning" or "watch", storm shutters or hurricane
protection devices are allowed to cover the window and/or door openings, but must
be removed or opened, as applicable, within two (2) weeks of the end of Exhibit 3
May 18, 2023 the storm event. If a hurricane or tropical storm watch occurs during
the two-week period, a new two-week period shall begin upon the publication of a
new hurricane or tropical storm warning. (b) Notwithstanding the above, residents
who are planning to be away from the city during hurricane season may be permitted
to install storm shutters, storm panels, or hurricane protection devices even when no
storm "warning" or "watch" has been issued by providing notification to the city
general services department through the submission of a "storm protection extended
duration notice" form prior to any proposed period of absence. The notice form shall
include statements which certify that the residence will remain vacant during the
resident's absence from the city and the exact duration of such vacancy during the
hurricane season. The storm protection extended duration notice form will be made
available on the city website for the convenience of the city residents who are
planning to be away. 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. (c) Nothing hereinabove shall be construed as to conflict
with the Florida Building Code or the Florida Fire Prevention Code as administered
by the appropriate city official(s).
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V. PUBLIC HEARING ITEM B CONTINUED W d't' ' O �jj✓da'„
2. There were Public Comments or questions from those in attendance or
submitted to the Board Secretary.
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3. There were nt -- Ex-Parte disclosures offered by the Board.
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P. Burnette Handwritten Minutes, May 18, 2023, Page 21 of 22
Wove 616- ?iI( ) chilke lac 41
Motion Board Member Tda "
y , seconded by Board Member
r. to recommend to the City Council approval of LDR Text
Amendment Application No. 23-003-TA, which proposes to amend Chapter 90, Zonin
`' Article Ill, Districts and District Regulations, by adding Section 90-84 regulating the
\ installation and removal of storm shutters.
The recommendation will be forwarded to the City Council for consideration at
Public Hearings tentatively scheduled for June 20, 2023, and July 18, 2023.
Chairperson Hoover L. , Vice Chairperson McCoy'' , Board Members Baughman
Berlin ct fi' , Brass ✓ , Chartier ✓ , Jonassaint / . Motion Carried/Denied
2l I l brecln+ she
VI. CITY ADMINISTRATOR UPDATE
I '
VII. CHAIRPERSON HOOVER ADJOURNED THE MEETING AT 7 • i P.M.
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.
P. Burnette Handwritten Minutes, May 18, 2023, Page 22 of 22
CITY OF OKEECHOBEE, FLORIDA
MAY 118, 2023, PLANNING BOARD MEETING
HANDWRITTEN MINUTES BY KELI TRIMNAL
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 b ',C 3 P.M. in the City Council Chambers, located at 55
Southeast 3rd Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance.
II. ATTENDANCE
PRESENT ABSENT
Chairperson Dawn Hoover ✓
Vice Chairperson Doug McCoy W)C�
Board Member Phil Baughman ✓
Board Member Carl Berlin, Jr. 10-
Board Member Karyne Brass ✓
Board Member Rick Chartier ✓
Board Member Mac Jonassaint �
Alternate Board Member Jon Folbrecht ✓ — 30 n
Alternate Board Member Jim Shaw
City Attorney Gloria Velazquez \A e►\ V
City Administrator Gary Ritter
City Planning Consultant Ben Smith
Board Secretary Patty Burnette
General Services Secretary Keli Trimnal ✓
III. AGENDA
A. Chairperson Hoover asked whether there were any agenda items to be added, deferred, or
withdrawn. There were 0 �-
B. Motion by Board Member V, \( `v , seconded by Board Member '\1\.0,C-- to
approve the agenda as presented.
Chairperson Hoover , Vice Chairperson McCoy. , Board Members Baughman
Berlin ch , Brass , Chartier , Jonassaint . Motion Carried/Denied.
C. Chairperson Hoover asked whether there were any comment cards submitted for items not
on the agenda. There were ;J"(;;
IV. MINUTES
Motion by Board Member )))kfA , seconded by Board Member to
dispense with the reading and approve the April 20, 2023, Regular Meeting minutes.
Chairperson Hoover , Vice Chairperson McCoy' , Board Members Baughman
Berlin , Brass , Chartier , Jonassaint . Motion Carried/Denied.
V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT L. ' P.M.
A. Continued from the April 20, 2023, Meeting, Land Development Regulation (LDR) Text
Amendment Application No. 23-001-TA, which 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, Heavy Commercial, Light
Commercial, Commercial Professional Office, Industrial, Public Use, and Rural Heritage
Zoning Districts; and create supplemental use standards for food trucks, and allowing for
temporary signage associated with Mobile Food Dispensing Vehicles (MFDVs); Repealing
all ordinances or parts of ordinances in conflict herewith; And providing for an effective date.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 1 of 22
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V. PUBLIC HEARING ITEM A CONTINUED
1. No. 23-001-TA continued. City Planning Consultant Mr. Ben Smith of Morris-Depew
Associates, Inc briefly explained on 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,
'4sCc other than what is required through the Florida Department of Business and
Professional Regulation. He reviewed a proposed ordinance which includes
classifications of different MFDVs, regulations for operating on private property in the
Industrial (IND).
Planner Smith reviewed Staff Report and/or draft Ordinance. Sec. 14-300. Title —
This article shall be known and may be cited as the "Food Truck Ordinance", Sec.
14-301. Authority. This article is enacted under the home rule power of the city in
the interest of the health, safety, peace, and general welfare of the People of the city.
Sec. 14-302. Applicability. This section applies to vendors operating mobile food
dispensing vehicles ("MFDVs") as defined in Florida Statute. Sec. 14-341. Mobile
Food Dispensing Vehicle Classifications (1) Classifications. Mobile Food
establishments involving the use of a mobile food dispensing vehicle shall be
classified as follows:
(a) Class I - Mobile Kitchens.
(b) Class II— Canteen trucks.
(c) Class 111— Ice cream trucks.
(d) Exclusions. As used in this section, the term "mobile food dispensing vehicles"
does not include minor children operating lemonade or soft drink stands or other raw,
uncooked, unprepared, or nonedible perishable goods, or owners or operators of
food or beverage self-service vending machines.
Secs. 14-342--14-360. Reserved.
Sec. 14-361. Operating without special exception approval or temporary use permit.
(1)All classes of MFDV may operate on private property in the Industrial (IND), Heavy
Commercial (CHV), Light Commercial (CLT), Commercial Business District (CBD),
and Commercial Professional Office (CPO) zoning districts or on any property where
a permanent house of worship use is located according to the following standards:
(a) Written, signed consent of the owner of the property on which the vehicle is
operating shall be available upon request by a representative of the City or any
regulating agency. The written consent shall specify the address and/or parcel ID,
and the approved operating days and times authorized by the owner. (b) No more
than two (2) MFDVs shall operate on one parcel at the same time. (c) MFDV
operations, including customer queuing/waiting area may not occupy more than 5%
of the parking spaces required for the other active permitted use(s) on any parcel.
(d) Existing internal and external vehicle circulation patterns shall not be affected by
MFDV operations. The MFDV operations shall not cause or increase vehicle queuing,
congestion, or hazardous conditions. (e) Freestanding signage for each MFDV is
limited to one (1) non-affixed, A-frame ground sign to be no larger than twenty (20)
square feet in area (including both sides), to be removed once the MFDV is no longer
operational. (f) Placement of tables, seating, and canopies is not permitted in
association with MFDV operations. (g) All standards of Section 14-364 shall apply.
(2) Class III vehicles may operate in the public right-of-way in any zoning district
according to the following standards: (a) The MFDV may not be stationary for periods
exceeding 20 minutes and must not constitute a hazard to vehicular or pedestrian
traffic at any time. (b) No accessory or appurtenant structures or fixtures shall be
erected, installed, or constructed, and no temporary awning or canopy may be
employed. (c) No tables, seating, or canopies may be provided. (d) No sale of goods
shall occur outside of any vehicle operating on public rights of way. (e) Operation is
limited to the hours between 9:00 a.m. and sundown, whatever time that may occur.
(f) No sale or distribution of alcoholic beverages is permitted. (g) Short, pre-recorded
amplified songs or tunes may be broadcast so long as they comply with the City of
Okeechobee Noise and Vibration Standards. Amplified music lyrics may not be
broadcast at any time. (h) All standards of Section 14-364 shall apply.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 2 of 22
V. PUBLIC HEARING ITEM A CONTINUED
1. No. 23-001-TA continued. Sec. 14-362. Operating with a special exception approval.
All classes of MFDVs may operate as a special exception use in those zoning districts
where MFDVs are listed as a special exception use and only as approved through
the special exception process in accordance with any conditions and site design
standards required as part of the special exception approval. Application
considerations are as follows: (a) A pre-application meeting with City staff is
recommended. (b) Upon determination by the City Administrator, a traffic impact
study may be required. (c) A site plan shall be submitted demonstrating adequacy of
parking, internal/external vehicular circulation, pedestrian safety, customer service
area, compatibility with existing onsite and offsite uses. (d) Adequate sanitary
facilities, utility; drainage, refuse management, emergency services and access, and
similar necessary facilities and services will be available to serve employees and
patrons. (e) All standards of Section 14-364. (f) Standards for granting a special
exception use provided in 70-373(b) and the findings for approval provided in 70-
373(c). (g) The ultimate decision to approve, deny, or approve with conditions any
special exception application shall be the responsibility of the City of Okeechobee
Board of Adjustment, which may impose any condition necessary to ensure
compatibility of the proposed use and ensure public health, safety and welfare.
Zoning District or on any property where a permanent House of Worship use is
located, with Special Exception approval, with a Temporary Use Permit, general
operating standards, and enforcement.
Sec. 14-363. Operating with a temporary use permit. MFDVs may operate on private
property, public property and on rights-of-way as authorized by a temporary use
permit and in accordance with any conditions of that permit. Guidelines for MFDV
temporary use permit conditions are as follows: (1) The MFDV operator shall produce
a copy of the temporary use permit for inspection upon request by a representative
of the City or any regulating agency. (2) Mobile food establishments conducting
business in conjunction with a City-sanctioned event or activity, or events held on
City owned or controlled property shall comply with all standards and requirements
as established by the event coordinator and/or Planning and Development
Department, in addition to any applicable regulatory agency's regulations. (3)
Adequate sanitary facilities, utility, drainage, refuse management, emergency
services and access, and similar necessary facilities and services will be available to
serve employees, patrons, or participants. (4) Where a tent or similar structure is to
be used, such structure shall: (a) Comply with the requirements of the Fire Marshal.
(b) Provide the city with a certificate of insurance to cover the liability of the applicant
or sponsor. (c) Demonstrate that the tent is flame resistant by providing a certificate
of flame resistance or other assurance that the structure has been properly treated
with flame retarder and has been maintained as such. (5) Freestanding signage for
each MFDV is limited to one (1) non-affixed, A-frame ground sign to be no larger than
twenty (20) square feet in area (including both sides), to be removed once the MFDV
is no longer operational. (6) All standards of Section 14-364 shall apply.
Sec. 14-364. General Operating Standards. The following standards shall apply to
all MFDVs operating in the City unless otherwise stated in the conditions of a special
exception approval or temporary use approval or otherwise stated elsewhere in this
chapter. (a) Any person engaged in selling, preparing, or dispensing food from a
mobile food dispensing vehicle (MFDV) shall obtain the appropriate approvals and
licenses from the State of Florida Department of Business and Professional
Regulations, (DBPR). Florida Department of Health, and/or the Florida Department
of Agriculture and Consumer Services before operating and shall provide copies of
all approvals and licenses upon request. (b) The operator of a MFDV shall provide
the City, or other regulatory agencies, their Florida State sales tax number upon
request and shall maintain display a current vehicle registration tag. (c) The mobile
food establishment shall make the dispensing vehicle available for routine
inspections by the City of Okeechobee Fire Marshal, Building Inspector, or Code
Enforcement Officer at any time requested and at any frequency deemed
appropriate, while at location or in operation, to ensure compliance with all applicable
federal, state, and local fire safety statutes, regulations and codes, and local
regulations of this section. (d) Mobile food establishments shall comply with all
requirements of the most current edition of the Florida Fire Prevention Code (FFPC)
and the National Fire Protection Association (NFPA).
K. Trimnal Handwritten Minutes, May 18, 2023, Page 3 of 22
V. PUBLIC HEARING ITEM A CONTINUED
1. No. 23-001-TA continued. Upon inspection, if the Fire Marshal or an authorized
designee determines any violations of the FFPC or NFPA exist, the mobile food
establishment can be required to cease operations immediately. (e) Mobile food
establishments shall have hand sanitizer, or similar, visible and readily available for
customer use at all times during hours of operation. (f) MFDVs that remain
operational on the same site for longer than three (3) consecutive hours must provide
restrooms, or written consent from the property owner allowing public access to
existing restrooms within 150 feet of the stationary vehicle. (g) MFDV operations shall
not interfere with vehicular and pedestrian movement or visibility, block access to
loading/service areas, emergency access and fire lanes, driveways, sidewalks,
emergency exits, or damage landscaped areas on adjacent sites. (h) Except for
Class III MFDVs operating in the right of way according to the provisions of 14-361(2),
waste receptacles, not less than 32 gallons, shall be provided adjacent to the MFDV,
for litter associated with the sales activity. The MFDV operator shall remove all litter,
debris, and other waste attributable to the vendor and/or customers on a daily basis
and ensure that waste disposal receptacle is not overfilled at any time. (i) Waste, fat,
oil, grease, greywater, or similar substances shall not be discharged into any
stormwater system, landscape area, sidewalks, or rights of way. MFDV operators are
responsible for proper disposal of any waste material in accordance with federal,
state, county, or municipal laws, rules, regulations, orders, or permits. (j) Mobile Food
Dispensing Vehicles shall not sell alcohol unless specifically licensed to do so and
must provide copies of all alcohol-related licensing upon request. (k) Except for Class
III vehicles operating in the rights of way according to the provisions of 14-361(2), a
MFDV shall not make sounds, announcements, or amplify music to call attention to
its vending or products either while traveling on public or private right-of-way or when
stationery. (I) Using balloons, banners, snipe signs, large flashing lights, flags, or
other similar devices to attract customers is prohibited, except in accordance with
City sign regulations. (m) MFDVs shall not park within any required landscape buffers
or stormwater retention/detention area. (n) MFDVs shall not obstruct the usage of
American with Disabilities Act (ADA) accessible parking spaces or associated ADA
access aisles. (o) Serving from a free-standing grill is prohibited. (p) It is prohibited
to solicit sales of food or beverages by:
Stopping passersby;
ii. Yelling or making loud noise to attract customers;
iii. Using sound amplification in such a manner as to unreasonably
disturb peace, quiet and comfort; or
iv. Having an attraction which will blockade a street, sidewalk or other
public place.
Sec. 14-365. Enforcement. (1) Owners and operators of mobile food dispensing
vehicles and property owners on which such vehicles operate, shall be jointly and
severally liable for any violations of this section, subject to the penalty provisions set
forth in this section. (2) City Code compliance shall be responsible for the
enforcement of the provisions within section 14-300. MFDVs operating in non-
compliance of any of the provisions of this section will have the option to immediately
cease all operations and leave the location. If there is refusal leave the site, a citation
in the amount of no less than $200.00 per infraction/per day will be issued to the
landowner and the City will bring forward a code compliance case against the
underlying landowner with the intent of collecting the fine in accordance with City
code compliance enforcement procedure.
Section 4. Chapter 90 — Zoning, is hereby amended by adding "Mobile Food
Dispensing Vehicles" to the list of special exception uses in the CPO, CLT, CHV,
CBD, IND, PUB, and RH zoning districts, and allowing for temporary signage
associated with MFDVs as follows:
CHAPTER 90 —ZONING
ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS
DIVISION 6. - COMMERCIAL PROFESSIONAL AND OFFICE (CPO) DISTRICT
Sec. 90-223. - Special exception uses.
(14) Mobile Food Dispensing Vehicles
DIVISION 7. - LIGHT COMMERCIAL (CLT) DISTRICT
K. Trimnal Handwritten Minutes, May 18, 2023, Page 4 of 22
V. PUBLIC HEARING ITEM A CONTINUED
1. No. 23-001-TA continued.
Sec. 90-253. - Special exception uses.
(24) Mobile Food Dispensing Vehicles
DIVISION 8.- HEAVY COMMERCIAL (CHV) DISTRICT
Sec. 90-283. - Special exception uses.
(29) Mobile Food Dispensing Vehicles
DIVISION 9. - CENTRAL BUSINESS (CBD) DISTRICT
Sec. 90-313. - Special exception uses.
(14) Mobile Food Dispensing Vehicles
DIVISION 10. — INDUSTRIAL (IND) DISTRICT
Sec. 90-343. - Special exception uses.
(13) Mobile Food Dispensing Vehicles
DIVISION 11. - PUBLIC USE (PUB) DISTRICT
Sec. 90-373. - Special exception uses.
(4) Mobile Food Dispensing Vehicles
DIVISION 15. — RURAL HERITAGE (RH) DISTRICT
Sec. 90-436. - Special exception uses.
(2) Reserved. Mobile Food Dispensing Vehicles.
(3) Reserved.
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 5. - SIGNS
Sec. 90-570. — Allowable temporary signs (no permit required).
(b) The following temporary signs are permitted without a sign permit, provided
that the sign conforms to the requirements associated therewith. Further,
these signs shall not be counted as part of the allowable number or area of
freestanding or building signs.
(5) Except for Class III MFDVs operating in the right of way according to the
provisions of 14-361(2), and unless otherwise permitted according to an
approved special exception or temporary use permit, Mobile Food Dispensing
Vehicles (MFDV) are allowed one (1) non-affixed, A-frame ground sign to be
no larger than twenty (20) square feet in area (including both sides), to be
removed once the business is no longer operational.
SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 6. That this Ordinance shall take effect immediately upon its final adoption
by the City Commission of the City of Okeechobee, Florida
K. Trimnal Handwritten Minutes, May 18, 2023, Page 5 of 22
V. PUBLIC HEARING ITEM A CONTINUED
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V. PUBLIC HEARING ITEM A CONTINUED
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V. PUBLIC HEARING ITEM A CONTINUED
2. There were public comments or questions from those in attendance or
submitted to the Board Secretary. were offered.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 8 of 22
V. PUBLIC HEARING ITEM A CONTINUED
K. Trimnal Handwritten Minutes, May 18, 2023, Page 9 of 22
V. PUBLIC HEARING ITEM A CONTINUED
K. Trimnal Handwritten Minutes, May 18, 2023, Page 10 of 22
V. PUBLIC HEARING ITEM A CONTINUED
K. Trimnal Handwritten Minutes, May 18, 2023, Page 11 of 22
V. PUBLIC HEARING ITEM A CONTINUED
3. There were Ex-Parte disclosures offered by the Board.
4. Motion by Board Member lc l( , seconded by Board Member
6r to recommend to the City Council approval of LDR Text
Amendment Application No. 23-001-TA, which proposes to amend Chapters 14 and
90 of the Code of Ordinances to allow and regulate the operation of Mobile Food
dispensing with the following modifications:
The recommendation will be forwarded to the City Council for consideration at Public
Hearings tentatively scheduled for June 20, 2023, and July 18, 2023. Motion Carried
Chairp\ son Hoover , Vice Chairperson McCoy , Board Members Baughman ,
Brass V,2 Chartier , Jonassaint , Berlin . Motion Carried/Denied.
B. Consider Land Development Regulation 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 Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc briefly
reviewed the Planning Staff Report and/or draft Ordinance.
SECTION 2: Amendment and Adoption to Chapter 78. That the City Council for
the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances,
Subpart B-Land Development Regulations, Chapter 78- Development Standards, by
replacing Article IV. — Stormwater Management, in its entirety as follows:
ARTICLE IV. — STORMWATER MANAGEMENT
Sec. 78-101 — Stormwater management. The City of Okeechobee hereby adopts
by reference the stormwater management rules of the South Florida Water
Management District, chapter 40E-4, FAC. Part 78-101 of this Code may be
replaced, in whole or in part, by a technical standards manual incorporated into this
Code by resolution of Okeechobee City Council. Until that time, the technical
standards below shall govern. Standards not incorporated into the technical
standards manual shall be as below.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 12 of 22
V. PUBLIC HEARING ITEM B CONTINUED
Sec 78-102 — Local review and approval of stormwater management system.
The South Florida Water Management District provides exemptions for the need to
obtain permits for development projects and land parcels below their respective
minimum area thresholds. Specifically, a request for exemption for a project with less
than ten acres of total land area must, at a minimum, contain paving and drainage
plans and calculations of the project, signed and sealed by a professional engineer,
which denotes the total land area, the total area of impervious surface, the location
of any on-site wetlands, and the location and details of the surface water
management system including, but not limited to, any lakes, culverts, pipes,
exfiltration trench, discharge structures, pumps and related facilities. In addition, an
entity requesting an exemption must provide local government approval of the project
and an affidavit of ownership, along with the underlying documentation. Therefore,
regardless of whether or not stormwater management permits are required by the
South Florida VVater Management District, notwithstanding other exemptions cited in
Sec. 78-105, all applications for development are required to submit a stormwater
management plan, and erosion and sediment control plan for review and approval
by the City. Those plans are to be based on the standards and criteria of the South
Florida Water Management District.
Sec. 78-103 - Specialized definitions.
The following definitions shall apply to Article IV and all sections thereof and
subsections thereto. Alter or alteration. Work done on a stormwater management
system other than that necessary to maintain the system's original design and
function. Best Management Practices (BMPs). Schedules of activities, prohibitions
of practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly to stormwater
receiving waters or stormwater conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage, leaks,
sludge, water disposal, or drainage from raw materials storage. Construction
Activity. Activities subject to NPDES Construction Permits. Detention. The
collection and storage of surface water for subsequent gradual discharge. Erosion
and Sediment Control Plan. A set of plans prepared by or under the direction of a
licensed engineer indicating the specific measures and sequencing to be used to
control sediment and erosion on a site during and after construction. Hazardous
Materials. Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to a substantial presence or
potential hazard to human, health, safety, property, or the environment, when
improperly treated, stored, transported, disposed of, or otherwise managed.
Existing. For purposes of the stormwater management provisions of this Code, the
average condition immediately before development or redevelopment commences.
Illicit Connection. (1) Any drain or conveyance, whether on the surface or subsurface,
which allows any illicit discharge to enter the stormwater system including, but not
limited to, any connections to the storm drain system from indoor drains and sinks;
or (2) Any drain or conveyance connected from a commercial or industrial land use
to the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agency. Illicit
Discharge. A discharge to the storm water system within the City that is not
composed entirely of stormwater as exempted in section 78-108 of this Ordinance.
Impervious surface. A surface that has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water. It includes, but is not limited
to, semi-impervious surfaces such as compacted clay, as well as most conventionally
surfaced streets, roofs, sidewalks, parking lots and other similar structures.
Maintenance. That action taken to restore or preserve the original design and
function of any stormwater management system. MS4 or Municipal Separate Storm
Sewer System. Publicly owned conveyance or system of conveyance (i.e. ditches
curbs catch basins and underground pipes) designed to discharge stormwater to
surface waters of the State. National Pollutant Discharge Elimination System
(NPDES) Stormwater Discharge Permit. A permit issued by EPA or by a State
under authority delegated pursuant to 33 U.S.C. §1342(b)) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis. Non-stormwater
Discharge. Any discharge to the storm drain system that is not composed entirely of
stormwater. Natural systems. Systems which predominantly consist of or are used
by those communities of plants, animals, bacteria and other flora and fauna which
K. Trimnal Handwritten Minutes, May 18, 2023, Page 13 of 22
V. PUBLIC HEARING ITEM B CONTINUED
occur indigenously on the land, in the soil or in the water. Pollutant. Anything which
causes or contributes to pollution. Pollutants may include but are not limited to paints,
varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and If
applicable, language to be added is underlined. If applicable, language to be deleted
is struck through solid wastes and yard wastes; refuse, rubbish, garbage, litter, or
other discarded or abandoned objects; ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal, coliform, and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Premises. Any building lot parcel of land or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips. Rate. Volume per unit
of time. Retention. The collection and storage of runoff without subsequent
discharge to surface waters. Sediment. The mineral or organic particulate material
that is in suspension or has settled in surface or ground waters. Site. Generally, any
tract, lot or parcel of land or combination of tracts, lots, or parcels of land that are in
one ownership, or in diverse ownership but contiguous, and which are to be
developed as a single unit, subdivision, or project. Stormwater. The flow of water
which results from, and that occurs immediately following, a rainfall. Stormwater
management system. The system, or combination of systems, designed to treat
stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of
stormwater on, through and from a site. Stormwater Pollution Prevention Plan. A
document which describes the Best Management Practices (BMP's) and activities to
be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pollutant discharges to
stormwater, stormwater conveyance systems, and/or receiving waters to the
maximum extent practicable. Stormwater runoff. That portion of the stormwater that
flows from the land surface of a site either naturally, in manmade ditches, or in a
closed conduit system. Surface water. Water above the surface of the ground
whether or not flowing through definite channels, including the following: (1) Any
natural or artificial pond, lake, reservoir, or other area which contains water and which
has a discernible shoreline; or (2) Any natural or artificial stream, river, creek,
channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway,
swale or wash in which water flows in a definite direction and which has a definite
flow route; or (3) Any wetland. Wetland. Land that is inundated or saturated by
surface water or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do or would support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. The term includes, but is not
limited to, swamp hammocks, hardwood swamps, riverine cypress, cypress ponds,
bayheads and bogs, wet prairies, and freshwater marshes.
Sec. 78-104 - Relationship to other stormwater management requirements.
In addition to meeting the requirements of this Code, the design and performance of
all stormwater management systems shall comply with applicable state regulations
regarding stormwater quality (chapter 17-25 and chapter 17-302, Florida
Administrative Code) or rules of the South Florida Water Management District as
appropriate.
Sec. 78-105 - Exemptions.
The following development activities are exempt from these stormwater management
requirements, except that steps to control erosion and sedimentation must be taken
for all development. (1) The construction of a single-family or duplex residential
dwelling unit and accessory structures on a single parcel of land. (2) Any
development within a subdivision if each of the following conditions have been met:
(a) Stormwater management provisions for the subdivision were previously approved
and remain valid as part of a final plat or development plan; and (b)The development
is conducted in accordance with the stormwater management provisions submitted
with the final plat or development plan. (3) Maintenance activity that does not
adversely affect the quality, rate, volume or location of stormwater flows on the site
or of stormwater runoff. (4) Action taken under emergency conditions to prevent
imminent harm or danger to persons, or to protect property from imminent fire, violent
storms, hurricanes or other hazards.
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V. PUBLIC HEARING ITEM B CONTINUED
Sec. 78-106. - Stormwater management requirements.
(1) Performance standards. All development must be designed, constructed and
maintained to meet the following performance standards: (a) While development
activity is underway and after it is completed, the characteristics of stormwater runoff
shall approximate the rate, volume, quality, and timing of stormwater runoff that
occurred under the site's natural unimproved or existing state, except that the first
one inch or the total runoff of 2.5 times the percentage impervious, whichever is
greater, of stormwater runoff shall be retained in an off-line dry or wet retention
system or according to other best management practices. (b) The proposed
development and development activity shall not violate the water quality standards
as set forth in chapter 17-3, Florida Administrative Code. (c) All commercial or
industrial development shall provide 0.5 inches of stormwater pretreatment in a dry
retention area in addition to subsection 1, above. (d) Dry retention and detention
systems shall be designed with the wet season water table at least one foot below
the bottom surface of the treatment area. (e) Wet detention systems shall have water
depths no more than ten feet, unless specifically accepted by the City, and side
slopes of 4:1 from proposed finished grade to two feet below the control elevation.
(2) Design standards, systemwide. To comply with the foregoing performance
standards the proposed stormwater management system shall conform to the
following design standards: (a) Detention and retention systems shall be designed to
comply with the appropriate standards set out in the South Florida Water
Management District's Permit Information Manual, Volume IV, Management and
Storage of Surface Waters. (b) The proposed stormwater management system shall
be designed to accommodate the stormwater that originates within the development
and stormwater that flows onto or across the development from adjacent lands. (c)
The proposed stormwater management system shall be designed to function
indefinitely if properly maintained and shall comply with subsections 78-107(A) and
78-107 (B) of this Code. (d) The design and construction of the proposed stormwater
management system shall be certified as meeting the requirements of this Code by
a professional engineer registered in the State of Florida. (e) A Stormwater Pollution
Prevention Plan certified as meeting the requirements of this Code by a professional
engineer registered in the State of Florida shall be submitted with the proposed
stormwater management system. (f) No surface water may be channeled or directed
into a sanitary sewer. (q) The proposed stormwater management system shall be
compatible with the stormwater management facilities on surrounding properties or
streets, taking into account the possibility that substandard systems may be improved
in the future. (h) The banks of detention and retention areas should be sloped to
accommodate and should be planted with appropriate vegetation. (i) Natural surface
waters shall not be used as sediment traps during or after development. (j) For
aesthetic reasons and to increase shoreline habitat, the shorelines of detention and
retention areas shall be sinuous rather than straight. (k) Water reuse and
conservation shall, to the maximum extent practicable, be achieved by incorporating
the stormwater management system into irrigation systems serving the development.
(I) Vegetated buffers of sufficient width to prevent erosion shall be retained or created
along the shores, banks or edges of all natural or manmade surface waters. (m) In
phased developments the stormwater management system for each integrated stage
of completion shall be capable of functioning independently as required by this Code.
(n) All detention and retention basins, except natural water bodies used for this
purpose, shall be accessible for maintenance from streets or public rights-of-way. (o)
All drainage systems will provide best management practices (BMP)for water quality.
(3) Design standards, streets and swales. (a) Valley curb. Valley curb shall be 24
inches wide with a minimum thickness of six inches at the center, with a three-inch
rise to the back of the curb and one inch to the pavement edge, 3,000 psi concrete
used throughout. Design to be submitted to the City for approval. (b) Curb and gutter.
Curb shall be 12 inches deep, five-inch top width with a six-inch-deep, oneinch-wide
reveal on the face. Gutter shall be six inches deep, 18 inches wide with a slope of
one inch to one foot, 3,000 psi concrete used throughout. Design to be submitted to
the City for approval. (c)Vertical curb. Vertical curb without gutters shall be six inches
wide, 18 inches deep with six-inch curb above pavement, 3,000 psi concrete used
throughout. Design to be submitted to the City for approval. (d) Culvert pipe. Culvert
pipe shall be reinforced concrete pipe, asphalt coated corrugated metal pipe,
aluminum pipe, or approved equivalent. Culvert pipe not subjected to wheel traffic
loads may be of nonreinforced concrete, asphalt coated corrugated metal pipe or
such aluminum pipe conforming to specifications of AASHTO.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 15 of 22
V. PUBLIC HEARING ITEM B CONTINUED
(e) Headwalls. All culverts under roadways shall have headwalls made of reinforced
concrete or concrete block with reinforcement, or other approved structures. Where
shallow swale ditches intersect deeper drainage ditches, erosion control shall be
provided by use of culvert pipes, concrete swales, sandbag riprap, headwalls with
spillways, or other suitable means approved to by the City. a. Sandbag riprap. The
sandbag riprap mixture shall contain at least one part cement to five parts of clean
sand. Construction methods shall comply with FDOT standards b. The proposed
design of reinforced concrete headwalls shall be submitted for approval of the City.
c. The proposed design of reinforced concrete block headwalls shall be submitted
for approval of the City. 6. Manholes and junction boxes. All manholes or junction
boxes shall be a minimum of four feet inside diameter at the base with straight walls
or corbelled a maximum of four inches in one foot, with steps and suitable cover for
access. All inverts are to be formed to a minimum of one-half the pipe diameter.
Proposed designs shall be submitted for approval of the City. 7. Catchbasins. All
catchbasins shall have a minimum inside area of ten square feet with straight walls
and suitable access either through removable grates or manhole covers. Proposed
designs shall be submitted for approval of the City. 8. Valley crossings in streets.
Valley crossings in streets shall not be permitted. 9. Underdrains. a. Underdrains for
curb and gutter construction. Where road construction incorporates curbs and
gutters, underdrains shall be installed if the bottom of the curb is less than 24 inches
above the existing water table unless the lack of such underdrains is demonstrated
to meet the standard specifications on subsurface drainage of the Okeechobee
County department of engineering. The underdrains shall be 18 inches outside of the
street line or curb and a minimum of 18 inches below the bottom of the base or curb
with a slope to a positive outfall. b. Underdrains for roadside swale construction.
Where road construction incorporates swale construction, underdrains shall be
installed if the water table is less than 24 inches below the invert of the swale unless
the lack of such underdrains is demonstrated to meet standard specifications on
subsurface drainage of the Okeechobee County department of engineering. c.
Underdrain specifications. Pipe used for underdrains shall have a minimum diameter
of four inches. Suitable plastic, vitrified clay, bituminous fiber, concrete, asphalt
coated metal, or other pipes approved by the City. Underdrain pipe construction shall
be suitable for the purpose and the rock, slag or other materials used for pipe beds
shall be as approved by the City. 10. Swale ditches. a. Swale ditch geometry. Swale
drainage will have a maximum side slope of one to four. The minimum shoulder width
shall be five ft. on both sides. Ditches shall be located within the rights-of-way, except
that provided a backslope of one to four has been allowed for in the right-of-way, a
flatter backslope extending beyond the right-of-way may be permitted. Minimum
bottom width of swale shall be one-foot, minimum depth of swale shall be eight
inches. b. The minimum road right-of-way where roadside swale drainage is to be
employed may be computed by the following formula:
W = P + 2(8D + 1) + 2B
Where:
W = Right-of-way width in feet
P = Width of paving in feet
B = Width of shoulder (berm) in feet
D = Maximum width of swale in feet
c. Swale ditch erosion protection. Swale ditches shall be provided with permanent
erosion protection. Such protection may be turf, using an approved type grass, or
approved type of pavement liner may be utilized. When turf, using an approved type
protection is used, the swale ditches shall be sodded, sprigged or seeded a lateral
distance extending from within one foot of the road pavement to the top of the swale
ditch backslope. Mulching in accordance with the Okeechobee County department
of engineering standards shall be acceptable. d. Driveways across swale ditches.
Driveways across swale ditches shall be constructed to conform to the swale profile.
e. Swales for drainage in subdivisions shall have bottoms two feet above high water
table.
Sec. 78-107 - Dedication or maintenance of stormwater management systems.
A. Dedication. If a stormwater management system approved under this Code will
function as an integral part of the City-maintained regional system, as determined by
the City, the City shall have the option of requiring that the facilities be dedicated to
the City. In no event shall any stormwater management system, including lakes,
canals, and waterways, be granted, conveyed or dedicated to the City without the
consent of the Okeechobee City Council.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 16 of 22
V. PUBLIC HEARING ITEM B CONTINUED
B. Maintenance by an acceptable entity.
1. All stormwater management systems that are not dedicated to the City shall be
operated and maintained by one of the following entities: a. An active water control
district created pursuant to F.S. ch. 298 or drainage district created by special act, or
community development district created pursuant to F.S. ch. 190, or special
assessment district created pursuant to F.S. ch. 170. b. A state or federal agency. c.
An officially franchised, licensed or approved communication, water, sewer, electrical
or other public utility. d. The property owner or developer if: (1) Written proof is
submitted in the appropriate form by either letter or resolution, that a governmental
entity or such other acceptable entity, as set forth in paragraphs a—c above, will
accept the operation and maintenance of the stormwater management and discharge
facility at
a time certain in the future. (2) A bond or other assurance of continued financial
capacity to operate and maintain the system is submitted. e. For-profit or nonprofit
corporations including homeowners' associations, property owners' associations,
condominium owners' associations or master associations if: (1) The owner or
developer submits documents constituting legal capacity and a binding legal
obligation between the entity and the City affirmatively taking responsibility for the
operation and maintenance of the stormwater management facility. (2) The
association has sufficient powers reflected in its organizational or operational
documents to: (a) Operate and maintain the stormwater management system as
permitted by the City. (b) Establish rules and regulations. (c) Assess members. (d)
Contract for services. (e) Exist perpetually, with the articles of incorporation providing
that if the association is dissolved, the stormwater management system will be
maintained by an acceptable entity as described above. 2. If a project is to be
constructed in phases, and subsequent phases will use the same stormwater
management facilities as the initial phase or phases, the operation/maintenance
entity shall have the ability to accept responsibility for the operation and maintenance
of the stormwater management systems of future phases of the project. In any event,
the backbone stormwater management system shall be constructed for the entire
project. 3. In phased developments that have an integrated stormwater management
system, but employ independent operation/maintenance entities for different phases,
the operation/maintenance entities, either separately or collectively, shall have the
responsibility and authority to operate and maintain the stormwater management
system for the entire project. That authority shall include cross easements for
stormwater management and the authority and ability of each entity to enter and
maintain all facilities, should any entity fail to maintain a portion of the stormwater
management system within the project. 4. The applicant shall be an acceptable entity
and shall be responsible for the operation and maintenance of the stormwater
management system from the time begins until the stormwater management system
is dedicated to and accepted by another acceptable entity. C. Off-site stormwater
conveyance systems. Where a private off-site stormwater management or
conveyance system is required to obtain a final development order pursuant to the
provisions of this Code, perpetual easements shall be obtained by the developer.
The easements required by this subsection shall provide the City with the right, but
not the obligation to maintain the conveyance or stormwater management system
located thereon.
Sec. 78-108 - Prohibition of Illicit Discharge
A. No person shall directly or indirectly cause an illicit discharge to enter the
stormwater system. Categories of illicit discharges include, but are not limited to, the
following: 1. Petroleum products including, but not limited to, oil, gasoline, and grease
2. Solid waste or sanitary sewage 3. Chemicals including, but not limited to, fertilizers
and pesticides 4. Paints, solvents, or degreasers 5. Concrete slurry 6. Laundry
wastes or soaps 7. Antifreeze and other automotive products 8. Soil 9. Leaves,
branches, and other yard/landscaping waste 10. Construction materials 11. Toxic or
poisonous solids or liquids 12. Solids or suspended solids in such quantities or of
such size capable of causing interference or obstruction to the flow in the stormwater
system. B. The following categories of non-stormwater discharges are exempt from
discharge prohibitions established by this Section provided they do not cause a
violation of water quality standards as determined by the State of Florida: 1. Water
line flushing 2. Irrigation water 3. Diverted stream flows 4. Rising ground waters 5.
Uncontaminated groundwater infiltration as defined at 40 CFR 35.2005(20), its
amendments, or its successor statutes, currently defined as "Water other than
wastewater that enters a sewer system (including sewer service connections and
foundation drains) from the ground through such means as defective pipes, pipe
K. Trimnal Handwritten Minutes, May 18, 2023, Page 17 of 22
V. PUBLIC HEARING ITEM B CONTINUED
joints, connections, or manholes. Infiltration does not include, and is distinguished
from, inflow[.]"
6. Discharges from potable water sources 7. Foundation drains 8. Air conditioning
condensate 9. Springs 10. Water from crawl space pumps 11. Footing drains 12.
Lawn watering runoff 13. Water from individual residential car washing 14. Flows
from riparian habitats and wetlands 15. Dechlorinated swimming pool discharges 16.
Residual street wash water 17. Discharges from bona fide agricultural activities that
conform to 18. best management practices 19. Discharges or flows from firefighting
activities 20. Discharges specified in writing by the City as being necessary to protect
public health, safety and welfare. 21. Discharge(s) pursuant to a NPDES permit.
Sec. 78-109 - Prohibition of Illicit Connections
The construction, use, maintenance or continued existence of illicit connections to
the stormwater system is prohibited.
Sec. 78-110 - Reporting of Illicit Discharges and Illicit Connections
Upon discovery of an illicit discharge or an illicit connection, the person(s) responsible
for the illicit discharge or the illicit connection shall report his or her findings
immediately to the City.
Sec. 78-111 - Enforcement, Penalties, and Liability for Pollution Abatement
A. The provisions of this Ordinance shall be enforced as provided in Chapter 18 of
the City of Okeechobee Code of Ordinances and any amendment(s) thereto. B. No
person shall oppose, obstruct or resist any enforcement officer, designated City staff,
or any person authorized by the enforcement officer or designated City staff in the
discharge of his or her duties, as provided in this Ordinance. C. Any person
responsible for an illicit connection, or an illicit discharge, to the stormwater system,
is subject to fine(s) and shall be responsible to pay both the necessary expenses
incurred in evaluating, treating, and disposing of pollutant materials and also the
reasonable cost of repairs. A lien may be placed against the land on which the
violation exists and upon any other real or personal property owned by the violator.
D. The remedies and penalties provided in this Ordinance are not exclusive, and the
City may seek whatever other remedies are authorized by statute, at law, or in equity
against any person who violates the provisions of this Ordinance.
Sec 78-112 — Accidental Discharges
A. Notwithstanding other requirements of law, as soon as any person responsible for
a facility or operation, or responsible for emergency response for a facility or
operation has information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging into stormwater,
the storm drain system or waters of the U.S. said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials said person shall immediately notify
emergency response agencies of the occurrence via emergency dispatch services
911. In the event of a release of hazardous materials, said person shall notify the
authorized enforcement agency in person or by phone or facsimile no later than the
next business day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to City of Okeechobee within three business days of
the phone notice. If the discharge of prohibited materials emanates from a
commercial or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least three years.
Sec 78-112 - Erosion and Sediment Control Plan
A. No person may engage in construction activity until a plan has been submitted for
erosion and sediment control and such plan has been approved by the City Public
Works Department or designee. The plan must address all applicable BMPs for
erosion control and shall include a statement that any land clearing construction or
development involving the movement of earth shall be in accordance with the Erosion
and Sediment Control Plan and that a certified contractor shall be on site on all days
when land disturbing activity takes place.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 18 of 22
V. PUBLIC HEARING ITEM B CONTINUED
Sec 78-113 — Erosion Control Standards
A. Clearing except that necessary to establish sediment control devices shall not
begin until all sediment control devices have been installed and have been stabilized
Clearing techniques that retain natural vegetation and drainage patterns shall be
implemented to the satisfaction of the City Public Works Department or designee. B.
Grading erosion control practices sediment control practices and waterway crossings
shall be adequate to prevent transportation of sediment from the site and be
maintained to project completion to the satisfaction of the City Public Works
Department or designee. C. The angle for graded slopes and fills shall not be greater
than the angle which can be retained by vegetative cover or other adequate erosion
control devices or structures generally 41or less Slopes left exposed will within ten
10 working days of completion of any phase of grading be planted or otherwise
provided with ground cover devices or structures sufficient to prevent erosion. D.
Groundcover sufficient to restrain erosion must be planted or otherwise provided
within ten 10 working days on portions of cleared land upon which further
construction activity is not being undertaken within thirty 30 days of clearing. E.
Vegetative cover or other erosion control devices or structures used to meet these
requirements shall be properly maintained during and after construction. F.
Temporary seeding or sodding adequate covering or chemical application on
exposed soils including stockpiles of topsoil sand or other construction fill shall be
used where delays in construction of more than seven 7 days are anticipated. G. The
operator of any construction project that disturbs one acre or more or is part of the
larger common plan of development or sale which disturbs one acre or more is
required to obtain the proper stormwater permit from the Florida Department of
Environmental Protection and to comply with all the terms and conditions of the
permit in addition to any City requirements. The operator shall maintain a copy of the
permit on-site for review by any authorized official upon request. H. Waste generated
onsite including but not limited to discarded building materials concrete truck wash
out chemicals litter and sanitary waste must be stored secured or otherwise
controlled to the maximum extent practicable to prevent adverse impacts to water
quality.
Sec 78-114 — Exemptions
A. Any emergency activity necessary for the protection of life property or natural
resources maintenance and repair work to the City's MS4 permitted mining
operations and existing nursery and agricultural operations conducted as a permitted
main or accessory use provided such activities do not contribute to any on site
generated erosion or degradation of lands or water beyond the boundaries of the
property or area are exempt from this chapter.
SECTION 3: CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 19 of 22
V. PUBLIC HEARING ITEM B CONTINUED
2. There were 064\ Public Comments or questions from those in attendance or
submitted to the Board Secretary.
3. There were \\ 6 Ex-Parte disclosures offered by the Board.
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2. Motion by Bard Member0"J , seconded by Board Member
b r1 to recommend to the City Council approval of 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.
The recommendation will be forwarded to the City Council for consideration at
Public Hearings tentatively scheduled for June 20, 2023, and July 18, 2023.
SChairperson Hoover , Vice Chairperson McCoy , Board Members Baughman
Berlin , Brass , Chartier , Jonassaint . Motion Carried/Denied.
C. Consider Land Development Regulation 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.
City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc briefly
reviewed the Planning Staff Report and draft Ordinance.
SECTION 2: Amendment and Adoption to Chapter 90.
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 Chapter 90-Subdivisions, Division 1.-Generally, by adding a new
section 90-84 as follows:
Sec. 90-84. Periods during which storm shutters may not remain in place;
exceptions. (a) During the period starting on December 1 and ending on May 31,
inclusive, (i) Storm shutters or storm panel systems permanently installed, hung, or
attached to a building which serve both as architectural features on the building and
as protective coverings when closed in the event of a storm shall not remain in a
closed/secured position so as to block windows or doors unless a hurricane or
tropical storm "warning" or "watch" has been issued. In the event of the issuance of
K. Trimnal Handwritten Minutes, May 18, 2023, Page 20 of 22
V. PUBLIC HEARING ITEM C CONTINUED
a hurricane or tropical storm "warning" or "watch", storm shutters or storm panel
systems are allowed to cover the window and/or door openings, but must be removed
or opened, as applicable, within two (2) weeks of the end of the storm event. If a
hurricane or tropical storm watch occurs during the two-week period, a new two-week
period shall begin upon the publication of a new hurricane or tropical storm warning.
(ii) storm shutters or hurricane protection devices that are composed of removable
panels shall not be installed so as to block windows or doors unless a hurricane or
tropical storm "warning" or "watch" has been issued. In the event of the issuance of
a hurricane or tropical storm "warning" or "watch", storm shutters or hurricane
protection devices are allowed to cover the window and/or door openings, but must
be removed or opened, as applicable, within two (2) weeks of the end of Exhibit 3
May 18, 2023 the storm event. If a hurricane or tropical storm watch occurs during
the two-week period, a new two-week period shall begin upon the publication of a
new hurricane or tropical storm warning. (b) Notwithstanding the above, residents
who are planning to be away from the city during hurricane season may be permitted
to install storm shutters, storm panels, or hurricane protection devices even when no
storm "warning" or "watch" has been issued by providing notification to the city
general services department through the submission of a "storm protection extended
duration notice" form prior to any proposed period of absence. The notice form shall
include statements which certify that the residence will remain vacant during the
resident's absence from the city and the exact duration of such vacancy during the
hurricane season. The storm protection extended duration notice form will be made
available on the city website for the convenience of the city residents who are
planning to be away. 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. (c) Nothing hereinabove shall be construed as to conflict
with the Florida Building Code or the Florida Fire Prevention Code as administered
by the appropriate city official(s).
S'h-u �►'eJ� a ss-
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V. PUBLIC HEARING ITEM B CONTINUED
2. There were Public Comments or questions from those in attendance or
submitted to the Board Secretary.
3. There were Ex-Parte disclosures offered by the Board.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 21 of 22
(1 \-0\,• CO 6 \
4. Motion by Board Member 1 , seconded by Board Member
to recommend to the City Council approval of LDR Text
Amendment Application No. 23-003-TA, which proposes to amend Chapter 90, Zonin
Article Ill, Districts and District Regulations, by adding Section 90-84 regulating the
installation and removal of storm shutters.
The recommendation will be forwarded to the City Council for consideration at
Public Hearings tentatively scheduled for June 20, 2023, and July 18, 2023.
Chairperson Hoover , Vice Chairperson McCoy , Board Members Baughman
Berlin , Brass , Chartier , Jonassaint . Motion Carried/Denied
VI. CITY ADMINISTRATOR UPDATE
•
VII. CHAIRPERSON HOOVER ADJOURNED THE MEETING AT ' P.M.
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.
K. Trimnal Handwritten Minutes, May 18, 2023, Page 22 of 22