2023-05-18 V. C. App/Proposed Ord Exhibit 3 City of Okeechobee Date: i-o(a- Petitieii. No. 23-663-7
General Services Department Fee Paid: Ny/.} Jurisdiction: ' -
Hearing: 5 i _a 3 2nd Hearing: ( _a0 E 744843
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218 Publication Dates:
Fax: (863) 763-1686 Notices Mailed: (..
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1 Name of Applicant: Cl p f 6tachtbee,
2 Mailing address: JG se 3rd A-ventte_.r
3 E-mail address:
4 Daytime phone(s):
Do you own residential property within the City? ( ) Yes ( ) No
If yes, provide address(es)
5
Do you own nonresidential property within the City? ( ) Yes ( ) No
If yes, provide address(es)
6 w �
REQUEST INFORMATION
Request is for: ( ) Text change to a ner�-e� section of the LDRs
7 ( ) Addition of a permitted use ( ) Deletion of a permitted use
( )Addition of a special exception use ( ) Deletion of a special exception use
( ) Addition of an accessory use ( ) Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in stcikeeut and
additions in underline format. (This description may be provided on separate sheets if necessary.)
8
LDR Amendment Application Page 1 of 3
Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to
be changed. (This description may be provided on separate sheets if necessary.)
See proposed orcit,nanc,e.
9
REQUIRED ATTACHMENTS
Non-refundable application fee of$500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature Printed Name Date
y-ao-a3
For questions relating to this application packet, call General Services Dept. at(863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3
FINDINGS REQUIRED FOR GRANTING A
CHANGE IN LAND DEVELOPMENT REGULATIONS
(Sec. 70-340, LDR page CD70:16 as modified for a text amendment)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the
proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change
and its likely effects:
I. Are not contrary to Comprehensive Plan requirements.
2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected.
3. Will not have an adverse effect on the public interest.
4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning
districts affected, and is not contrary or detrimental to urbanizing land use patterns.
5. Will
not adversely affect property values or living conditions, or be a deterrent to the improvement or development of
other properties in the zoning district(s)affected or nearby thereto.
6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the
neighborhood.
7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services.
8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions.
Your responses to these findings should be as descriptive as possible. Attach additional pages as may be
necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate
it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or
denial.
LDR Amendment Application Page 3 of 3
ORDINANCE NO. 23-
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF
THE CITY OF OKEECHOBEE CODE OF ORDINANCES, SUBPART B-LAND
DEVELOPMENT REGULATIONS, CHAPTER 90-SUBDIVISIONS, DIVISION 1.-
GENERALLY; ADDING A NEW SECTION 90-84 DEFINING PERIODS DURING WHICH
STORM SHUTTERS MAY NOT REMAIN IN PLACE AND PROVIDING EXCEPTIONS;
PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as amended,
known as the Land Development Regulations; and
WHEREAS,the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and Land
Development Regulations in order to address certain inconsistencies or outdated regulations contained in
the Codes; to make amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the public and to make the Code a
more consistent and easier to understand document; and
WHEREAS,the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed
and discussed the proposed amendments, also known as Land Development Regulation Text Amendment
Application No. 23-_-_, at a duly advertised Public Hearing held on , 2023, and based on
findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications
to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and
WHEREAS,the City Council for the City of Okeechobee, Florida,considered the recommendations by the Planning
Board and concludes that enacting such amendments to be in the best interest of its citizens of said City,
that said amendments are necessary and appropriate to make the Land Development Regulations more
consistent and responsive to the needs of the City and its citizens; and
WHEREAS,for purposes of this Ordinance, underlined type shall denote additions to and strike-thfough shall denote
deletions from the original text;
NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly
advertised public meeting; and passed by majority vote of the City Council; and properly executed by the
Mayor or designee, as Chief Presiding Officer for the City; that:
SECTION 1: Recitals Adopted. Each of the above stated recitals is true and correct and incorporated herein by
this reference:
SECTION 2: Amendment and Adoption to Chapter 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 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
Ordinance No. Page 1 of 2
If applicable,language to be added is underlined.
If applicable,language to be deleted is struck throug#
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.
fc) 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).
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.
INTRODUCED for First Reading and set for Final Public Hearing on this day of
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this day of 2023.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Ordinance No. Page 2 of 2
If applicable,language to be added is underlined.
If applicable,language to be deleted is skask-t#reugtn