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2023-08-15 V. A. Exhibit 1 • • Revised Exhibit 1 Memo 08/15/2023 of°K'''• CITY OF OKEECHOBEE Okeechobee City Council y PF �5a Mayor Dowling R. Watford, Jr. ,� m� 55 SE THIRD AVENUE Vice Mayor Monica Clark •= o• OKEECHOBEE, FL 34974 Noel Chandler =� ��,, Phone: (863)763-3372 Boh Jarriel • •;;;/-„i11° www.cityofokeechobee.com David McAuley MEMORANDUM TO: City Council FROM: Gary Ritter, City Administrator RE: Storm Shutter Ordinance No. 1276 DATE: August 15, 2023 On July 18, 2023, the City Council did not approve the second reading of the Storm Shutter Ordinance No. 1276. We are asking the Council to approve the second reading by amending Ordinance No. 1276 to reflect the changes listed below. During the discussion of the second reading the Council felt like Section 90-84 needed further clarification. The following changes are being proposed to provide more clarity in Section 90-84 concerning protocols for commercial and residential structures. Currently the Ordinance reads: 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. Recommended motion to amend the Ordinance to read: 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 STORM SHUTTERS PROTOCOL FOR COMMERCIAL AND RESIDENTIAL STRUCTURES, 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. • • Currently the title for the City's Shutter Ordinance Section 90-84 is: • Section 90-84. Periods during which storm shutters may not remain in place: exceptions. o (a) During the period starting on December 1 and ending on May 31, inclusive. Staff is proposing to replace the title for the City's Shutter Ordinance Section 90-84 to read: • Section 90-84. Storm Shutters Protocol for Commercial and Residential Structures. Staff is also proposing to eliminate subsection (a) and change subsections (b) and (c) to subsections (3) and (4) and subsequently change subsection (3) to read: • Notwithstanding the above, residents who are planning to be away from the City 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. 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. The Notice will be made available on the City website. • • Exhibit 1 08/15/2023 ,��N�pF•OKL•�_ Okeechobee CityCouncil CITY OF OKEECHOBEE ���`� ��o? Mayor Dowling R. Watford, Jr. 55 SE THIRD AVENUE ti� mm Vice Mayor Monica Clark ILO o OKEECHOBEE, FL 34974 Noel Chandler t' . '�� ne: (863)763-3372 Bob Jarriel ‘,,,_4 .0.* 9�;,d11���'' www.Phocityofokeechobee.com David McAuley MEMORANDUM TO: City Council FROM: Gary Ritter, City Administrator RE: Storm Shutter Ordinance No. 1276 DATE: August 15, 2023 On July 18, 2023, the City Council did not approve the second reading of the Storm Shutter Ordinance No. 1276. We are asking the Council to approve the second reading by amending Ordinance No. 1276 to reflect the changes listed below. During the discussion of the second reading the Council felt like Section 90-84 needed further clarification. The following changes are being proposed to provide more clarity in Section 90-84 concerning protocols for commercial and residential structures. Currently the title for the City's Shutter Ordinance Section 90-84 is: • Section 90-84. Periods during which storm shutters may not remain in place: exceptions. o (a) During the period starting on December 1 and ending on May 31, inclusive. Staff is proposing to replace the title for the City's Shutter Ordinance Section 90-84 to read: • Section 90-84. Storm Shutters Protocol for Commercial and Residential Structures. Staff is also proposing to eliminate subsection (a) and change subsections (b) and (c) to subsections (3) and (4). • • ORDINANCE NO. 1276 ?1►61)3 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; Irv+t°n 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 +rL� e c 1, 90-84, DEFINING PERIODS DURING WHICH STORM SHUTTERS MAY -- � � Y REMAIN IN PLACE .AND-PROVIDING EXCEPTION , AS S SUBMITTED IN -TAND—DEVELOPMENT TEXT AMENDMENT pror -V.k�O�' APPLICATION NO. 23-003-TA; PROVIDING FOR CONFLICT; (;htYlUt PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; rejt-ao1 10 PROVIDING FOR AN EFFECTIVE DATE. 5d eS 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: Language to be added is underlined. Language to be deleted is Stough. Ordinance No. 1276,Page 1 of 3 • • Si1593 mo an -� r rr b vo. 4 o SA-o r m skaikkb p c-as-004k -ems eto rnsvuntizit residQtv Sfr te-ureS. Section 90-84. enod unnq Mich storm shutters may not remain in place;) excep it'ons' T — — -- - -- — -- - j During the period starting on December 1 and ending on May 31, inclusive, I c.rn eve 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. u 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. (3) ef\ ` ro Notwithstanding the above, residents who are planning to be away from the City f durinq urncane season may be permitted to install storm shutters, storm panels, u,Q," or urncanee pro fecfion devices even when no storm warning or watch has been r issued by providing notification to the City General Services Department. hroughh Cpnt'�ve e submission of a Storm Protection Extended Duration Notice prior to any proposed period oif absence; I he o Ice shall include statements which certifflhat me resiaence will remain vacant during the resident's absence from the City and the exact duration of such vacanc durinq the hurricane season. a orm Wrotection Exten auratlo Notice wI a made available on a Ify webs)e. 'taad; corm L j 4-cot') e11��� p) Nothing hereinabove shall be construed as to conflict with the Florida Building Code h(YL nd ( or the Florida Fire Prevention Code as administered by the appropriate City moo,"al"- 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 stwsk-thfeugh. 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 g/I5[a- PASSED AND ADOPTED after Second Reading and Final Public Hearing this 18th day of July posi-pongl POSTPONED to this 15th day of August 2023. .0 gI5Ia5 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 Nason Yeager Gerson Harris & Fumero, P.A. Language to be added is underlined. Language to be deleted is struck-through. Ordinance No. 1276,Page 3 of 3 332 0 • VI. PUBLIC HEARING CONTINUED A. Continued. AND INDUSTRIAL (IND) ZONING DISTRICTS AND ALLOWING FOR OPERATION OF MFDV IN CONJUNCTION WITH A TEMPORARY USE PERMIT; AND WITHIN CHAPTER 90 ZONING, BY SPECIFICALLY AMENDING ARTICLE III DISTRICT AND DISTRICT REGULATIONS,ALLOWING FOR MFDV AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, AND IND ZONING DISTRICTS AND ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE." Motion by Vice Mayor Clark, second by Council Member Chandler to adopt proposed Ordinance No. 1272. There were no comments from the public. Roll Call Vote: Chandler—Yea, Clark—Yea,Jarriel — Yea, McAuley— Yea, Watford — Yea. Motion Carried. B. Motion and second by Council Members Jarriel and McAuley to read by title only, proposed Ordinance No. 1276, for LDR Text Amendment Application No. 23-003-TA, adding storm shutter regulations within Chapter 90 of the Code of Ordinances [as presented in Exhibit 2]. Motion Carried Unanimously. Attorney Hyden read the title of proposed Ordinance No. 1276 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES, SUBPART B LDR, 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." Motion by Vice Mayor Clark, second by Council Member Chandler, to adopt proposed Ordinance No. 1276.There were no comments from the public. Motion by Vice Mayor Clark,second by Council Member McAuley to postpone the motion on the floor to adopt proposed Ordinance No. 1276,to August 15,2023. Motion to Postpone Carried Unanimously. C. Motion by Vice Mayor Clark, second by Council Member McAuley to read by title only, proposed Ordinance No. 1277, regarding Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 23-001-SSA, submitted by Roland Mossel, to reclassify 0.33+/- acres located in the 100 block of Northwest 11th Street,from Commercial (C)to Multi-Family Residential (MFR), Legal Description: Lots 25 and 26 of Block 19,OKEECHOBEE, Plat Book 5, Page 5,Okeechobee County public records [as presented in Exhibit 3]. Motion Carried Unanimously. Attorney Hyden read the title of proposed Ordinance No. 1277 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA;AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FLUM ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM C TO MFR, APPLICATION NO. 23-001-SSA; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FLUM IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion by Vice Mayor Clark, second by Council Member Chandler to adopt proposed Ordinance No. 1277. City Planner Ben Smith, attending remotely via Zoom, reviewed the Planning Staff Report. The Planning Board and Planning Staff recommend approval. Clerk Gamiotea stated for the record 20 courtesy notices were mailed to the property owners, advertisements,and one sign were properly posted, with no objections or comments received to date. There were no public comments. Roll Call Vote: Chandler — Yea, Clark — No, Jarriel — No, McAuley — Yea, Watford — Yea. Motion Carried Three to Two. D. Motion and second by Council Members McAuley and Jarriel to read by title only proposed I Ordinance No. 1278, amending Chapter 58 of the Code of Ordinances and requiring connection to the public water and/or sewer systems [as presented in Exhibit 4]. Motion Carried Unanimously. Attorney Hyden read the title of proposed Ordinance No. 1278 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART A GENERAL ORDINANCES, CHAPTER 58 UTILITIES, ARTICLE III SEWERS AND SEWAGE DISPOSAL, SPECIFICALLY AMENDING SECTION 58-72 USE OF PUBLIC SEWERS REQUIRED, CREATING NEW REQUIREMENTS FOR CONNECTION TO THE PUBLIC SEWER SYSTEM; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." JULY 18,2023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4 • • VII. UNFINISHED BUSINESS A. Continued discussion [from June 6, 2023]on the Motion on the floor made by Council Members Chandler and McAuley to adopt proposed Resolution No, 2023-02, amending the schedule of rates, fees, and charges for building permits and plan reviews by the Building Official [as presented in Exhibit 4]. Motion Failed Unanimously. VIII. NEW BUSINESS A. Ms. Deborah Perez of WM, (f/k/a Waste Management) provided an update on the changes to the collection methods and requirements, as approved in the Sixth Amendment to the Franchise Agreement. WM will be providing 96-gallon beige carts for yard waste, 65-gallon blue carts for recyclables, and 96- gallon green carts for garbage to City residents in October or November 2023. In order for WM to collect any waste, it must be in the correctly designated cart, or the customers will be charged additional fees. She reviewed the annual Consumer Price Index which was increased in 2022 and acknowledged the confusion due to WM being late in providing the information to the customers. B. Mr. Ilan Kaufer gave an update on Florida Power and Light (FPL) operations utilizing a 15-slide power point presentation, which has been incorporated into the official Minute File, labeled as Exhibit 8. He reviewed the measures taken for annual storm preparation, including their commitment to partnering with local leaders to identify critical infrastructure, and the restoration process. Highlighted FPL's commitment to delivering the best energy value, the Okeechobee Clean Energy Center, and the Solar Energy Center. C. Motion by Vice Mayor Clark, second by Council Member Jarriel to name Mayor Watford as the Voting Delegate for the Florida League of Cities Annual Conference on August 10 through 12, 2023 [as presented in Exhibit 5]. Motion Carried Unanimously. D. Motion and second by Council Members Chandler and Jarriel to renew the Public Risk Group Health Insurance contract for 2023-24 [as presented in Exhibit 7, distributed at the meeting]. Following a discussion, Motion Carried Unanimously. E. Motion by Council Member Jarriel, second by Vice Mayor Clark to read by title only, proposed Ordinance No. 1276, for LDRs Text Amendment Application No. 23-003-TA, adding storm shutter regulations within Chapter 90 of the Code of Ordinances [as presented in Exhibit 6]. Motion Carried Unanimously. Attorney Fumero read into the record the title of proposed Ordinance No. 1276 as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES, SUBPART B LDRS, 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." Motion by Council Member Chandler, second by Vice Mayor Clark to approve the first reading and set July 18, 2023, as the final adoption date for proposed Ordinance No. 1276. Motion Carried Unanimously. F. Motion and second by Council Members Jarriel and McAuley to change the times of the August 1 and August 15, 2023, meetings to begin at 5:00 P.M., [Budget Workshops to be held at the end of the meeting]. Motion Carried Unanimously. IX. CITY ATTORNEY UPDATE • Involved in reviewing all items/materials on agenda. X. CITY ADMINISTRATOR UPDATE • Announced the students involved in the Junior Leadership Camp, organized by the Okeechobee County Economic Development Corporation, would be visiting for tours of City Hall and participating in a Mock City Council Meeting on June 26, 2023; • Funding for the improvements to City Hall, but not for the police radios, was included in the signed Budget by Governor DeSantis. • Continuing to work with the South Florida Water Management District on the stormwater permit for the Commerce Center. DRAFT JUNE 20,2023, CITY COUNCIL REGULAR MEETING, PAGE 3 OF 4 • • • 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,he/she may need to ensure that a verbatim record of the proceeding is made,which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. May 18,2023,Planning Board Meeting Page 2 of 2 City of Okeechobee • Date: 6- 3 •etition No. R. General Services Department Fee Paid: '`)/r Jurisdiction: I,ejt- 55 S.E. 3`d Avenue, Room 101 15t Hearing: i 2"d Hearing: �,.,,�(j Okeechobee, Florida 39974-2903 �'��'d Phone: (863) 763-3372, ext. 218 Publication Dates: (6. 5/3 f,Sit t '715 Fax: (863) 763-1686 Notices Mailed: APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION hitbe 0 I` 2 Mailing address: ;5 3/LI 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 Iisttof use(s) to be added or deleted and thoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) bye proposed orJt,oc ► -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 tO a 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 GR•ING 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-through 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 slrusrc.lhrough • • 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). 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 applIcablc.language to be deleted is 6lruckI4ei0111 • • e,,�!!o�'©��.� City of Okeechobee, Florida � ... Building and Permitting Department •,. 0.; 55 SE Third Avenue Room 101 Do ,• Okeechobee, FL 34974 L �� FAX: 863-7631686 * Scanned documents:info@cityofokeechobee.com � i•Miff 0 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 • • MINUTE FILE -/5 3CC •_v-iq- U Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 NEW$MEDIA INC. USA STATE OF FLORIDA CITY OF OK ECHOBEE COUNTY OF OKEECHOBEE PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE POSTPONED FROM JULY 18,2023 TO AUGUST 15,2023 Before the undersigned authority personally appeared Ka- rsarthrc=NrmotY�«dr trina Elsken Muros, who on oath says that she is Editor ; o r" � ;The put&Is jowled to in Chief of the Lake Okeechobee News, a weekly news- profited Tx yi8,,zn is dweapstirn paper published in Okeechobee County, Florida; that the w to Augrstss,20 # attached copy of advertisement, being a Public Notice in AN mnuGDanNrr�r.D°FF TME arfc,F°E°4TEctIceEE'E poi CHAP- the matter of TTEERN9ao0ARTD LAND DEVELOPMENT, Public Notice TIONS,DIVISION DEFINING PERIODS DURINGGENERALLY, INGWHIADDING DRAM 9NEW SECTION MTER.S MAY NO REMAIN IN PLACE AND PROVIDING EXCEPTIONS,AS SUBMITTED in the 19th Judicial District of the Circuit Court of 230 TA,PR° ia°PW IN`a,GPOR' TAr41 "•"ENT APPLICA TON000 Okeechobee County, Florida, was published in said news- FICAEFfELITIVEICIN;MOE INGG FTIR SEVERABD3TY'PROVIDING Fi741 AN paper in the issues of iRxrn1Gan ,e 08/02/23 ex- ceptfor Mdays,=,tact theOlee dthe ayGel slaRat863-7639814. He al PhgNo`�Ordnance w be posted mire one week prior to the Rtic Heart wetde(Print Dates) ` '"1e .ainci agenda P aF Qon the dFA„ at or by publication on the newspaper's website,if authorized, BE ADVISED that staid you:endto show any aoa, t,pizture,video, cr items to the Card n st.pport cr oxostion to any ten on the alexia,a on copydthe&we t,pyre.*leo,or do must be voided to the ay(Jerk 08/02/23, 08/03/23, 08/04/23,08/05/23, 08/06/23, 08/07/23.08/08/23, Iceb mecow,a to rr re ePe at IAL 08/09/23 wit need to enare a atan m record of the p'firer•g is nade and t,e record nobles the testira y and evidence upon with the ape wit be bred.In (Website Dates) accordance with the Nreic16 wLh°sabites Act,persons wth dsabite, the rreei am�rtmodatiah hI parodpale it the wore En ShaJJ mrdct Affiant further says that the newspaper complies with all 7-1-1 no n mp"r�"�'2' legal requirements for publication in Chapter 50, Florida BY".Clj Clerk im'eGaiii°®'QNC Statutes. 608106 LCN /2 023 Katrina Elsken Muros Sworn to and subscribed before me by means of ElPhysical Presence �X Online Notarization physical presence or online notarization, this +12 L� '.�,;•' 2nd dayQ of August, 2023. RECE3I�E't '\- '�- - - , :,. \ . -,,-,, .AUG 9 17,:.7...,.:_.:,_ _.,..:747,,____,,,,--._3.,,-.---.. 71,:.; .. . •..k, X(' / . .L .'..":"."." 1" .......'" ', & N__ (Signature of Notary Public) STAMP OF NOTARY PUBLIC