2023-06-20 VIII. E. Ord 1276, 23*003-TA, Exhibit 6 • •
Exhibit 6
06/20/2023
ORDINANCE NO. 1276
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 ZONING, ARTICLE III DISTRICTS AND DISTRICT
REGULATIONS, DIVISION 1 GENERALLY, ADDING A NEW SECTION
90-84, DEFINING PERIODS DURING WHICH STORM SHUTTERS MAY
NOT REMAIN IN PLACE AND PROVIDING EXCEPTIONS, AS
SUBMITTED IN LAND DEVELOPMENT TEXT AMENDMENT
APPLICATION NO. 23-003-TA; PROVIDING FOR CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida (City), has adopted Ordinance
Number 716, as amended, known as the Land Development Regulations (LDRs); and
WHEREAS, the City has a legitimate interest in periodic review of its Ordinances and LDRs 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order to address certain inconsistencies or outdated regulations contained in the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, acting as the Local Planning Agency, reviewed
and discussed the proposed amendments, also known as LDR Text Amendment
Application No. 23-003-TA, at a duly advertised Public Hearing held on May 18, 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 considered the recommendations by the Planning
Board and concludes that this Ordinance promotes the public health, safety, and
welfare of its citizens and inhabitants of the City, pursuant to Article VIII, Section 1(g),
Florida Constitution; and
WHEREAS, the City Council for the City finds and determines that these changes,
amendments, or modifications to the City's Code of Ordinances are consistent with all
applicable policies including the LDRs and the City's adopted Comprehensive Plan and
not in conflict with the public interest.
NOW, THEREFORE, be it ordained before the City Council of the City 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.
The foregoing "whereas"clauses are incorporated herein as legislative findings by this
reference and made a part hereof for all intents and purposes.
SECTION 2: AMENDMENT TO CHAPTER 90 ZONING.
That Part II of the Code of Ordinances, Subpart B LDRs, Chapter 90, Zoning, Article III
District and District Regulations, Division 1 Generally, is hereby amended to read as
follows:
Scction 90 84 90-100. Reserved.
Language to be added is underlined.
Language to be deleted is struck-th-roug#. Ordinance No. 1276,Page 1 of 3
• .
Section 90-84. Periods during which storm shutters may not remain in place;
exceptions.
u During the period starting on December 1 and ending on May 31, inclusive,
in 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 2-weeks of the end of
the storm event. If a hurricane or tropical storm watch occurs during the 2-week
period, a new 2-week period shall begin upon the publication of a new
hurricane or tropical storm warning.
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 2-weeks of the end of the
storm event. If a hurricane or tropical storm watch occurs during the 2-week
period, a new 2-week period shall begin upon the publication of a new
hurricane or tropical storm warning.
11)1 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 prior to any
proposed period of absence.The Notice 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 will be made available on the City website.
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 90-85-90-100. Reserved.
SECTION 3: CONFLICT.
All Sections or parts of Sections of the City Code of Ordinances in conflict herewith are
intended to be repealed to the extent of such conflict.
SECTION 4: INCLUSION IN THE CODE OF ORDINANCES.
It is the intention of the City Council of the City, and it is hereby ordained that the
provisions of this Ordinance shall become and made a part of the City Code of
Ordinances, that the Sections of this Ordinance may be renumbered or re-lettered to
accomplish such intentions; and the word "Ordinance"may be changed to "Section"or
other appropriate word.
SECTION 5: SEVERABILITY.
If any Section, subsection, clause, or provision of this Ordinance is declared invalid or
unconstitutional by a court of competent jurisdiction,the remainder shall not be affected
by such invalidity.
Language to be added is underlined.
Language to be deleted is struel-through. Ordinance No. 1276,Page 2 of 3
SECTION 6: EFFECTIVE DATE.
This Ordinance shall be effective immediately upon final adoption on second reading.
INTRODUCED for First Reading and set for Final Public Hearing on this 20th day of June 2023.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 18th day of July
2023.
As required by City Charter Section C-4.1.C, ordinances shall be adopted by roll call on final
reading and recorded, the vote was as follows:
Yes No Abstained Absent
Council Member Chandler:
Council Member/Vice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Language to be added is underlined.
Language to be deleted is struck-through. Ordinance No. 1276,Page 3 of 3
• •
'��op,t.oEo'��y_ City of Okeechobee, Florida
• o- Building and Permitting Department
•,a 55 SE Third Avenue
•u -4 Room 101
4 �o^,� Okeechobee, FL 34974
INI
FAX: 863-763-1686
,� s^ * 4'460 Scanned documents:info@cityofokeechobee.com
.004Ii141. For questions, please contact 863-763-9821
STORM PROTECTION EXTENDED DURATION NOTICE
Owner:
Address:
Emergency Contact Person:
Emergency Phone Number:
Date of Vacancy: Date of Return:
Submitting this notice means that you are vacating the property and installing opening
protection for the above stated dates between June 1st and November 30th. During this
period no one shall occupy the premises and you are aware that all window protections
utilized shall comply fully with the "Florida Building Code" and City of Okeechobee
"City") Code of Ordinances, specifically Ordinance 2023-003 amending City Code
Chapter 90.
Owner Signature Date
STATE OF:
COUNTY OF:
Before me personally appeared on this
day of , 2023 and is personally known to me or produced
as identification.
[Seal]
Notary Signature
Notary name printed or typed
• •
V. PUBLIC HEARING ITEMS CONTINUED
3. No Ex-Parte disclosures were offered.
4. Motion by Member Chartier, seconded by Member Folbrecht to recommend
approval to the City Council for LDR Text Amendment Application No. 23-
001-TA, as presented in [Exhibit 1 by the Planning Consultant]. The
recommendation will be forwarded to the City Council for consideration at
Public Hearings,tentatively scheduled for June 20, 2023,and July 18, 2023,
meeting. Motion Carried six to one, Member Brass voting No.
B. Consider LDR Text Amendment Application No. 23-002-TA, which proposes to
amend Chapter 78, Land Development Standards, Article IV, Stormwater
Management, to reflect changes in the State stormwater management regulations.
1. City Attorney Hyden briefly reviewed the proposed ordinance stating this
proposed language is needed to basically come into compliance with the
South Florida Water Management District.
2. Public Works Director David Allen advised that basically the City follows
these procedures already and now there is a little more criteria and
enforcement when dealing with Illicit discharge.
3. No Ex-Parte disclosures were offered.
4. Motion by Member Chartier,seconded by Member Baughman to recommend
approval to the City Council for LDR Text Amendment Application No. 23-
002-TA, as presented in [Exhibit 2]. The recommendation will be forwarded
to the City Council for consideration at Public Hearings,tentatively scheduled
for June 20, 2023, and July 18, 2023, meeting. Motion Carried
Unanimously.
C. Consider LDR Text Amendment Application No. 23-003-TA, which proposes to
amend Chapter 90, Zoning, Article III, Districts and District Regulations, by adding
Section 90-84, regulating the installation and removal of storm shutters.
1. City Attorney Hyden briefly reviewed the proposed ordinance explaining this
is needed due to Fire and Building codes for ingress and egress safety.
2. Board Secretary Burnette read into the record an email dated May 16,2023,
from Mrs. Raia Black, 1521 SW 7th Avenue, Okeechobee, Florida, which
asked questions about procedures for seasonal residents [copy has been
made part of the official minute packet].
3. No Ex-Parte disclosures were offered.
4. Motion by Member Brass, seconded by Member Folbrecht to recommend
approval to the City Council for LDR Text Amendment Application No. 23-
003-TA, as presented in [Exhibit 3] with removal of the last sentence in
Section 90-84 (b) which reads "coverings which remain on the structure
pursuant to this subsection shall be designed or painted to match or
complement the color of the walls or trim of the building". The
recommendation will be forwarded to the City Council for consideration at
Public Hearings, tentatively scheduled for June 20,2023,and July 18,2023,
meeting. Motion Carried Unanimously.
CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 7:29 P.M.
VI. CITY ADMINISTRATOR UPDATE
No updates provided at this time.
VII. ADJOURNMENT
Chairperson Hoover adjourned the meeting at 7:29 P.M.
Submitted by:
Patty M. Burnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board with respect
to any matter considered at this proceeding,hefshe may need to ensure that a verbatim record of the proceeding is made,which
record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole
purpose of backup for official records.
May 18,2023,Planning Board Meeting Page 2 of 2
City of Okeechobee • Date: •tition No.
General Services Department Fee Paid: Jurisdiction:
55 S.E. 3rd Avenue, Room 101 1st Hearing: j 2nd Hearing:
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218 Publication Dates: r', , 5 3
Fax: (863) 763-1686 Notices Mailed: (Vi
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1 Name of Applicant: /1 KCF'C &
2 Mailing address: j f_i-
3 E-mail address:
4 Daytime phone(s):
Do you own residential property within the City? ( ) Yes ( ) No
If yes, provide address(es)
5
Do you own nonresidential property within the City? ( ) Yes ( ) No
If yes, provide address(es)
6
REQUEST INFORMATION
Request is for: ( ) Text change to an existing section of the LDRs
( )Addition of a permitted use ( ) Deletion of a permitted use
7
( )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 strikeout 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 listin•use(s) to be added or deleted and the/king district(s) and section(s) to
be changed. (This description may be provided on separate sheets if necessary.)
Eve prop°sect £rctc.►at iet
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
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 GRAIL 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