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1276, Storm ShuttersORDINANCE 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 STORM SHUTTERS GUIDELINES FOR COMMERCIAL AND RESIDENTIAL STRUCTURES, PROHIBITING STORM SHUTTERS FROM BEING LEFT 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has a legitimate interest in periodic review of its Ordinances and LDRs in order to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or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; and WHEREAS, for the 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 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. If applicable, language to be added is underlined. If applicable, language to be deleted is struck t#reug#. Ordinance No. 1276, Page 1 of 3 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: • Section 90-84. Storm Shutters Guidelines for Commercial and Residential Structures. Storm shutters or storm panel systems permanently installed, hung, or attached to a commercial or residential structure which serve 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 for all window and/or door openings which serve as the sole ingress/egress for a room to the exterior of the structure and within 4 -weeks of the end of the storm event for all other windows and doors. 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 for all window and/or door openings which serve as the sole ingress/egress for a room to the exterior of the structure and within 4 -weeks of the end of the storm event for all other windows and doors. u 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 form will be made available on the City website. u 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. If applicable, language to be added is underlined. If applicable, language to be deleted is sfFUsk through. Ordinance No. 1276, Page 2 of 3 SECTION 6: EFFECTIVE DATE. This Ordinance shall be effective immediately upon final adoption on second reading. Is INTRODUCED for First Reading and set for Final Public Hearing on this 20th day of June 2023. Dowling R. Waffofa, Jr., Mayor ATTEST: Lane Gamiotea, CMC, C ty Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 18th day of July 2023. POSTPONED to this 15th day of August 2023. POSTPONED to this 5th day of September 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: x Council Member/Vice Mayor Clark: x Council Member Jarriel: x Council Member McAuley: x Mayor Watford: x Dowling R. W o , Jr., yor ATTEST: Lane G miotea, CMC, bity Clerk REVIEWED FOR LEGAL SU ICIENCY: R. regory Hyden, Cit for ey Nason Yeager Gerson r Is m ro, P.A. If applicable, language to be added is underlined. If applicable, language to be deleted is struck through. Ordinance No. 1276, Page 3 of 3 VI. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED FROM AUGUST 15, 2023, AT 6:19 P.M. A. The floor was opened for discussion on the motion made by Vice Mayor Clark, second by Council Member Chandler to adopt proposed Ordinance No. 1276, as amended on August 15, 2023, for Land Development Regulations (LDRs) Text Amendment Application No. 23 -003 -TA, adding storm shutter regulations within Chapter 90 of the Code of Ordinances [as presented in Revised Exhibit 21. Motion by Vice Mayor Clark, second by Council Member Jarriel, to amend proposed Ordinance No. 1276 as follows: in the ordinance title, replace "PROTOCOLS" with "GUIDELINES' and add "PROHIBITING STORM SHUTTERS FROM BEING LEFT IN PLACE AND PROVIDING EXCEPTIONS." Add a sixth whereas clause that reads "for the purposes of this Ordinance, underlined type shall denote additions to and str;inh :G shall denote deletions from the original text". In Section 2 of the ordinance: second paragraph, replace TTSection 90-84 title from "Storm Shutters Protocol for Commercial and Residential Structures" with "Storm Shutters Guidelines for Commercial and Residential Structures." Paragraph (1), first sentence, delete "building", and "both as architectural features on the building and" to read "Storm shutters or storm panel systems permanently installed, hung, or attached to a commercial or residential structure which serve 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." Paragraphs (1) and (2), second sentence, add at the end: "for all window and/or door openings which serve as the sole ingress/egress for a room to the exterior of the structure and within 4 -weeks of the end of the storm event for all other windows and doors." Delete the third sentence in Paragraphs (1) and (2) that reads "If a hurricane or tropical storm watch occurs during the 2 -week period, a new 2 -week period shall begin upon publication of a new hurricane or tropical storm warning." Roll Call Vote on Motion to Amend: Chandler -Yea, Clark -Yea, Jarriel-Yea, McAuley -Yea, Watford - Yea. Motion to Amend Carried. There were no comments from the public. Roll Call Vote on Motion As Amended: Chandler -Yea, Clark -Yea, Jarriel-Yea, McAuley -Yea, Watford -Yea. Motion Carried As Amended. MAYOR WATFORD CLOSED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:24 P.M. VII. MAYOR WATFORD OPENED THE FIRST BUDGET PUBLIC HEARING AT 6:24 P.M. A. Mayor Watford announced the purpose of this Public Hearing is to consider the first reading of ordinances for the proposed Millage Rate levy and proposed Budget for Fiscal Year (FY) October 1, 2023, through September 30, 2024. B. Mayor Watford announced the proposed Millage Rate levy represented 2.84 percent more than the roll- back rate of 6.1801 computed pursuant to Florida Statutes 200.065(1). C. Motion and second by Council Members Chandler and Jarriel to read by title only, proposed Ordinance No. 1279, levying a Millage Rate of 6.3556 on all real and tangible personal property for proposed FY October 1, 2023, through September 30, 2024 [as presented in Exhibit 31. Motion Carried Unanimously. City Attorney Greg Hyden read the title of proposed Ordinance No. 1279 into the record as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW FOR THE FY BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024; PROVIDING THAT 6.3556 PER THOUSAND DOLLAR VALUATION SHALL NOT BE LEVIED ON HOMESTEAD PROPERTY; THAT 6.35566 VALUATION SHALL BE USED FOR GENERAL CITY PURPOSES; THAT SAID MILLAGE RATE IS 2.84 PERCENT MORE THAN THE ROLL -BACK RATE OF 6.1801 COMPUTED IN ACCORDANCE WITH FLORIDA STATUTE 200.065(1); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Jarriel and McAuley to approve the first reading of proposed Ordinance No. 1279 and set the final Public Hearing at 6:00 P.M. on September 25, 2023. There were no comments from the public. Motion Carried Unanimously. SEPTEMBER 5, 2023, CITY COUNCIL REGULAR MEETING AND FIRST BUDGET PUBLIC HEARING, PAGE 2 OF 4 �iy.of oNEF�ym� PUBLIC NOTICE G a CITY COUNCIL MEETING . 91 AND FIRST BUDGET PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council for the City of Okeechobee will conduct a Regular Meeting and First Budget Public Hearing on September 5, 2023, at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL. The purpose of the First Budget Public Hearing is to set a proposed Millage Rate, review the estimated revenues and projected expenditures within the proposed Budget for Fiscal Year October 1, 2023, through September 30, 2024, and set the final hearing date to adopt the Millage Rate Ordinance and Budget Ordinance. During the Regular Meeting, in addition to general items of discussion and consideration, a Public Hearing will be conducted to consider adopting the following proposed ordinance, postponed from July 18, 2023, to August 15, 2023, amended and postponed to September 5, 2023, which can be inspected/viewed in its entirety from https://www.cityofokeechobee. com/public-notice.html or in the City Clerk's Office, at the address above, Room 100, during normal business hours, Monday -Friday, 8:00 AM to 4:30 PM, excluding holidays, contact 863-763-9814: • 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 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. This proposed Ordinance, regulates when storm protective coverings are allowed to be on buildings and when they are required to be removed. It only allows an exception when an owner provides ,a Notice form to the City and certifies that a building is vacant for a set period. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting, or prior to the meeting, and may be viewed and/or downloaded from https://www.cityofkeechabee.com/AgendaMInutes-CityCouncil. html. BE ADVISED that should you intend to show any document, picture, video, or items to the City Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be baked. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Mayor Dowling R. Watford, Jr. City Clerk Lane Gamiotea 11 NOTICE POSTED: BB/WEBSITE & SM, 8/17/2023 11 Wj) INDEPENDENT NWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 08/30/23 (Print Dates) or by publication on the newspaper's website, if authorized, on 08/23/23. 08/24/23, 08/25/23, 08/26/23, 0 1/27/23, 08/28/23, 08/29/23, 08/30/23. 08/31/23, 09/01/23, 09/02/23. 09/03/23, 09/04/23. 09/05/23 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrina Elsken Mifros Sworn to and subscribed before me by means of [:]Physical Presence OX Online Notarization physical presence or online notarization, this 30th day of August. 2023. DRAY. l 25.. i • •r•.-:tF•'�c._: bra)• 1�.,:z_ (Signature of Notary Public) STAMP OF NOTARY PUBLIC FILE COPS' QrI IaIo Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 C"OFOfaMCHOM PULLLIC NOTICE OOKSIDEW ON OF ADOPTING A CITY ORDINANCE POSTPONED FROM AlJMW 4 2023 TO SSMEMBER 5, 7073 NOTIM 15 H MM GLVBI Cat the W Card of the City d Oleedio tm Will 6 PM or as spm d cearo as at h91, SSSE3rd AVE. Paarn ,CNQsMrae, 11.1bepubilicisim to the Pehio Nearing and be heard m at mattes The hal railing d the Ar�!yl�proposed Ordranoe (No. 1276) vas ap pADO%n'tI d the proposcl Ltdrarroe vas P FI®rt¢�� psec�t 15 FA�U+L, was anumded, andtherpmtponed to e6tDSeptenhera� 5, 20zi. AN ORDNANCE OF THE MY OF OKEEQIOBEE FLORIDA, AMt3MM PARrIIOFTLEt3TYOFOtEEOHOBLECODE OFORDI- StlBPAn BLAPD DEV9.OPMBiT Rl%11LATIIlIl4S Cf WF TER 90 DOIlQIC� ARRCI.E DB D153RIL'LS AND DISTRICT RK.ULA• TIf)r15� DI"M.1 GBEitAl1Y, ADDING A NEW SECTION 90.84. DEFJ M STORM 5HUTTERS PROTOCOL. FOR COP94M IAL AND orrIAL SRtlKTURFS, AS 51AiPRTTED IN LAND DEVHAP- Ml3YTTFMMEPDI�ITAPPL.RATDfMV N0. 73.0034A; PRWID• DIG FOR ODTi°LICT; PROVIDING FOR 00%1 gLTZn PR01IID ING POR SEVHtABIlITY; PROVIDmG FoaarL LaTDIE DATE This pro=Ctdnanoe wher stmn cthet2bearerirgs areal- guvw es vfena � rsrctioe°d raraandd'aAadn�a tlata bL s�ntuor a set period The proposed Ordnaxe(Bn bei vedhis etretV at the adies abae. furan 100, dLzig ra3ltar Ixr#res haus, I= 6 AM -4:30 PM, ar dept far hofdays, m�GUre allm d de CtyClak SL71f at 863-7639814. 111e, . O drerce YA be posted aloe one week Prior m the Public vtlitthe ON vebsle at BEAC fMthatsh"�wiitn tDsslfmartydoarreMpiditjrecvdde4 ortmo> dtl ed�oarretpn�r Ndm«or Lrm mit teYP .,ear c for Cie Qly� remrdS. ANY Pf3L90N DECMM TO APPE LL an/ demon rade w Cie Cnrrd with r��ecf m arty rtaCe mrtdder d at dis madiq wit need m craze a eebatin ramd d die prooeeadg s nede and de reoad nddes the be5th a and eAder a ppm wtidr the appeal Will be basal. In doe s wth 0.�hi0es with the AnwmrPd, persxs with di i0es Moil SpeM amormndadmm ndYspomedrgskaldoorW de Olfoe n pin a d 1163.763-%14, Hoe" lrTsd: Florida �� 1-1 ro Later Can far braze days prior to paoae39 By: Cly Clerk Lane Com, CF1C 611882 LON 8,x30/2073 PM 1 ?�• M1 ;: d AUG 3�/0� 2013 Revised Exhibit 2 09/06/2023 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: Language to be added is underlined. Language to be deleted is struck-threu.1h. Ordinance No. 1276, Page 1 of 3 PROPOSED LANGUAGE BEFORE AMENDED ON 8/15/2023 Section 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, Storm shutters or storm panel systems permanently installed, hung, or attached i:o 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 ianel 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. Notwithstanding the above residents who are planning to be away from the City during hurricaie 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 submissicn 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. (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 90-85-90-100. Reserved. SECTION 3: CONFLICT. All Sections or parls 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 skuskthreugN. Ordinance No. 1276, Page 2 of 3 PROPOSED LANGUAGE BEFORE AMENDED ON 8/15/2023 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. POSTPONED to this 15th day of August 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 Nason Yeager Gerson Harris & Fumero, P.A. Language to be added is underlined. Language to be deleted is stWk thFOUgh. Ordinance No. 1276, Page 3 of 3 PROPOSED LANGUAGE BEFORE AMENDED ON 811512023 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 P€ : ERS -MAY NOT REMAIN 14 PLACE AND PROVIDING EXCEPTIONS 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. 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 VI 11, 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 stFUGk tareugk Language in RED was amended during the 8115/2023 Public Hearing Ordinance No. 1276, Page 1 of 3 PROPOSED LANGUAGE AFTER AMENDED ON 8/15/2023 Section 90-84. P ; except+eStorm Shutters Protocol for Commercial and Residential Structures. u 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 Mowed 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. ll Notwithstanding the above residents who are planning to be away from the City during no„meson 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 sut3 9s;io_rtion Ex ed Duration Not"Ge 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 huFriGane season-. The Sterni Protection Exfended Duratien Notice form will be made available on the City website. L? 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. Language to be added is underlined. Language to be deleted is stfuusk t4GU k►. Language in RED was amended during the 8/15/2023 Public Hearing Ordinance No. 1276, Page 2 of 3 PROPOSED LANGUAGE AFTER AMENDED ON 811512023 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. 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 181h day of July 2023. POSTPONED to this 15th day of August 2023. POSTPONED to thisti, day of September 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 Nason Yeager Gerson Harris & Fumero, P.A. Language to be added is underlined. Language to be deleted is stwsk#I. Language in RED was amended during the 811512023 Public Hearing Ordinance No. 1276, Page 3 of 3 PROPOSED LANGUAGE AFTER AMENDED ON 8/15/2023 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 STORM SHUTTERS P-R9TOC� GUIDELINES FOR COMMERCIAL ,AND RESIDENTIAL STRUCTURES, PROHIBITING STORM SHUTTERS FROM BEING LEFT 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 arid 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 -103 -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, amendmE.mts, or modifications to the Code of Ordinances, to present to the City Council for ordnance 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 citizer s and inhabitants of the City, pursuant to Article VII I, 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; and WHEREAS for the 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 presented at a duly advertised public mE�eting; 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. If applicable, language to be added is underlined. If applicable, language to be deleted is StFUGk thFough. Ordinance No. 1276, Page 1 of 3 AS AMENDED ON 8/15/2023, WITH PROPOSED AMENDMENTS IN PURPLE FOR COUNCIL TO CONSIDER MAKING ON 91512023 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: Mmv 01-0A 01, Section 90-84. Storm Shutters Pretsesl Guidelines for Commercial and Residential Structures. u Storm shutters or storm panel systems permanently installed hung or attached to a commercial or residential structure q which serve bGth--as 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 for all window and/or door openings which serve as the sole ingress/egress for a room to the exterior of the structure and within 4 -weeks of the end of the storm event for all other windows and doors. if a hurkane oF tropiGal storm watGh ar.Gurs during the 2 -week period, a new 2 week peFied shall begin upon the publiGation of a new hurriGane or tropis-al stor-war";9 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 for all window and/or door openings which serve as the sole ingress/egress for a room to the exterior of the structure and within 4 -weeks of the end of the storm event for all other windows and doors. If a h--Irr`c-a-ne or tropical ste,rm urnr.waatae.-h oGGurs during thef began upon tl4e 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 form will be made available on the City website. u 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. If applicable, language to be added is underlined. If applicable, language to be deleted is stfusk threes. Ordinance No. 1276, Page 2 of 3 AS AMENDED ON 811512023, WITH PROPOSED AMENDMENTS IN PURPLE FOR COUNCIL TO CONSIDER MAKING ON 91512023 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. 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. POSTPONED to this 15th day of August 2023. POSTPONED to this 51h day of September 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 Nason Yeager Gerson Harris & Fumero, P.A. If applicable, language to be added is underlined. If applicable, language to be deleted is stFusk threes. Ordinance No. 1276, Page 3 of 3 AS AMENDED ON 8115/2023, WITH PROPOSED AMENDMENTS IN PURPLE FOR COUNCIL TO CONSIDER MAKING ON 915/2023 Exhibit 2 09/05/2023 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 ne'N 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, amendrients, 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 sWi;k 4hFough. Ordinance No. 1276, Page 1 of 3 PROPOSED LANGUAGE BEFORE AMENDED ON 811512023 Section 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, 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. LQ Storm shuiters or hurricane protection devices that are composed of removable panels shell 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. 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 prov'dinq 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. L 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 fficials . Section 90-85-90.100. Reserved. SECTION 3: CONFLICT. All Sections or parte, 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 tho Sections of this Ordinance may be renumbered or re -lettered to accomplish such int ntions; and the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 5: SEVERABILITY. If any Section, subsDction, clause; or provision of this Ordinance is declared invalid or unconstitutional by e court of competent jurisdiction, the remainder shall not be affected by such invalidity. Language to be added is underlined Language to be deleted is �IRFOWflh Ordinance No. 1276, Page 2 of 3 PROPOSED LANGUAGE BEFORE AMENDED ON 8/15/2023 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, CMG, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 18th day of july 2023. POSTPONED to this 15th day of August 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 Nason Yeager Gerson Harris & Fumero, P.A. Language to be added is underlined. Language to be deleted is skask threugh. Ordinance No. 1276. Page 3 of 3 PROPOSED LANGUAGE BEFORE AMENDED ON 8/1512023 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, DEFININCf PERIODS DURING VVHIGH STOR0.4 SHUTTERS MAY NOT REMAIN IN' P1 4 F= AND PROVIDING GvrEPT-IQ S 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. 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 Cede 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 strusltbreugh. Language in RED was amended during the 8115/2023 Public Hearing Ordinance No. 1276, Page 1 of 3 PROPOSED LANGUAGE AFTER AMENDED ON 811512023 Section 90-84. �' , e.�,;,-c, Storm Shutters Protocol for Commercial and Residential Structures. 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 'Narninel 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 bei7in upon the publication of a new hurricane or tropical storm warning. 444 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..#+K O the sty propesed pened of absene-e- 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+" The Sty; ;= Durati Notice form will be made available on the City website. 141 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 part: 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. Language to be added is underlined. Language to be deleted is r#- -ckihreE►gf;. Language in RED was arnended during the 811512023 Public Hearing Ordinance No. 1276, Page 2 of 3 PROPOSED LANGUAGE AFTER AMENDED ON 8/15/2023 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. 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. POSTPONED to this 15th day of August 2023. POSTPONED to this 51h day of September 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 MemberNice Maycr 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 Attornoy Nason Yeager Gerson Harris & Fumero, P.A. Language to be added is underlined. Language to be deleted is stxuck t 4r-ougb. Language in RED was amended during the 811512023 Public Hearing Ordinance No. 1276, Page 3 of 3 PROPOSED LANGUAGE AFTER AMENDED ON 8/15/2023 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 STORM SHUTTERS R40TQr6" GUIDELINES FOR COMMERCIAL AND RESIDENTIAL STRUCTURES, PROHIBITING STORM SHUTTERS FROM BEING LEFT 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 conclucles 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; and WHEREAS. for the purposes of this Ordinance underlined type shall denote additions to and s#4P through shall denote deletions from the original text. 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. If applicable. language to be added is underlined. If applicable. language to be deleted is stwGk thFewgh- Ordinance No. 1276, Page 1 of 3 AS AMENDED ON 811512023, WITH PROPOSED AMENDMENTS IN PURPLE FOR COUNCIL TO CONSIDER MAKING ON 9/512023 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: SeGfion 90 84 0 100. Reserved, Section 90-84. Storm Shutters PFOtGeel Guidelines for Commercial and Residential Structures. Storm shutters or storm panel systems permanently installed hung, or attached to a commercial or residential structure UoWipq which serve boV14- as arGhUlFal 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 dcors 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 for all window and/or door openings which serve as the sole ingress/egress for a room to the exterior of the structure and within 4-Nyeeks of the end of the storm event for all other windows and doors. 'fa hUF ' , new 2 week # 9pkal StOF I WaFF1114g JL 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 opined as applicable within 2 -weeks of the end of the storm event for all window and/or door openings which serve as the sole ingress/egress for a room to the exterior of the structure and within 4 -weeks of the end of the storm event. 2 - wee, i new 2 week peFi9d shall begin upon the publication-of-a-eew hurrin�nn ar 4r JL 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 rovidingnotification to the City General Services Department. The Notice shall Include statements whish certify that the residence will remain vacant durinq the resident's absence from the City and the exact duration of such vacancy:. The Notice form will be made available on the City website. JL Nothing hereinabove shall be construed as to conflict with the Florida Building Code or the Florida Fire Prevention Code as administered by the appropriate ClL 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_ If applicable, language to be added is underlined. If applicable, language to be deleted is stFuGlk thFeugb. Ordinance No, 1276, Page 2 of 3 AS AMENDED ON 8115/2023, WITH PROPOSED AMENDMENTS IN PURPLE FOR COUNCIL TO CONSIDER MAKING ON 915/2023 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 '✓<rord. 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. SECTION 6: EFFECTIVE DATE. This Ordinance shsll 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. POSTPONED to this 15th day of August 2023. POSTPONED to this 5th day of September 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 Nason Yeager Gerson Harris & Fumero, P.A. If applicable. language to be added is underlined. If applicable. language to be deleted is 64UG14 thF9Wgh. Ordinance No. 1276, Page 3 of 3 AS AMENDED ON 811512023, WITH PROPOSED AMENDMENTS IN PURPLE FOR COUNCIL TO CONSIDER MAKING ON 9!5!2023 -ILE COF`:" Cp-d 4-/0_7�) V. NEW BUSINESS CONTINUED *Q3: 5-7_3 F. Motion by Vice Mayor Clark, second by Council Member Jarriel to approve an Agreement with Kimley- Horn and Associates for civil engineering services as provided in RFQ No. ADM 01-32-07-21 in the amount not to exceed $34,416.56 for the SE 4th Street Drainage Improvement Project, Florida Department of Environmental Protection Agreement No. LPQ0007 [as presented in Exhibit 81. Motion Carried Unanimously. G. Motion by Council Member McAuley, second by Vice Mayor Clark to close City Hall for the entire day on September 1, 2023 [allowing the contractor additional time to begin the termite fumigation of City Hall and the Public Safety Building so to decrease the possibility of not being able to reopen City Hall on Tuesday, September 5, 2023, this amends action taken on May 16, 20231. Motion Carried Unanimously. VI. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED FROM JULY 18, 2023, AT 6:11 P.M. A. The floor was opened for discussion on the Motion made by Vice Mayor Clark, seconded by Council Member Chandler to adopt proposed Ordinance No. 1276 for Land Development Regulations Text Amendment Application No. 23 -003 -TA, adding storm shutter regulations within Chapter 90 of the Code of Ordinances, presented in Revised Exhibit 1. Motion by Council Member Jarriel, second by Vice Mayor Clark to amend proposed Ordinance No. 1276 as follows: ordinance title, remove "PERIODS DURING WHICH STORM SHUTTERS MAY NOT REMAIN IN PLACE AND PROVIDING EXEMPTIONS" and add "STORM SHUTTERS PROTOCOL FOR COMMERCIAL AND RESIDENTIAL STRUCTURES". In Section 2 of the ordinance: second paragraph replace Section 90-84 tite from "Periods during which storm shutters may not remain in place; exceptions" to "Storm Shutters Protocol for Commercial and Residential Structures." Delete paragraph (a) "During the period starting on December 1 and ending May 31, inclusive." Renumber paragraphs (b) and (c) to (3) and (4). Reword paragraph (3) removing references to hurricane season and the Storm Protection Extended Duration Notice form title, 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 tie resident's absence from the City and the exact duration of such vacancy. The Notice will be made available on the City Website." Vice Mayor Clark made a motion to amend the amendment to add the word "form" after Notice in the last sentence of paragraph (3), second by Council Member Jarriel. Roll Call Vote on the Motion to Amend the Amendment: Chandler -Yea, Clark -Yea, Jarriel-Yea, McAuley -Yea, Watford -Yea. Motion to Amend the Amendment Carried. Roll Call Vote on Motion to Amend as Amended: Chandler -Yea, Clark -Yea, Jarriel-Yea, McAuley -Yea, Watford -Yea. Motion to Amend as Amended Carried. Mayor Watford opened the floor for public comments. Mrs. Lane Gamiotea expressed her objection in adopting the proposed Ordinance as now amended, stating two weeks after a storm to remove shutters may not be enough time and they are now requiring residents to put shutters up and take them down all throughout the hurricane season. Since May, the public has inquired about the proposed Ordinance. Up until tonight, the wording did not regulate shutters during hurricane season and that is what was conveyed to the public. Vice Mayor Clark added she wanted to keep some of the language allowing some shutters to stay up under certain circumstances. Motion by Vice Mayor Clark, second by Council Member McAuley to postpone to September 5, 2023, the motion on the floor to adopt proposed Ordinance No. 1276 as amended. Motion Carried Four to One with Jarriel voting No. B. The floor was opened for discussion on the Motion made by Council Members Chandler and McAuley to adopt proposed Ordinance No. 1278, amending Chapter 58 of the Code of Ordinances, and requiring connection to the public water and/or sewer systems, presented in Exhibit 2. Mr. Tommy Clay, OUA Board of Directors Chairperson, and Mr. John Hayford, OUA Executive Director responded to questions from the Council. Mr. Jeff Sumner, speaking as President of the Okeechobee Economic Council expressed support to adopt the proposed Ordinance. Roll Call Vote: Chandler -Yea, Clark - Yea, Jarriel-Yea, McAuley -Yea, Watford -Yea. Motion Carried. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:05 P.M. AUGUST 15, 2023, CITY COUNCIL REGULAR MEETING AND SECOND BUDGET WORKSHOP, PAGE 3 OF 5 iiDEPENDENT NOSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 08/02/23 (Print Dates) or by publication on the newspapers website, if authorized, on 08/02/23. 08/03/23, 08/04/23, 08/05/23, 0£3/06/23. 08/07/23, 08/08/23. 08/09/23 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrina Elsken Mews Sworn to and subscribed before me by means of []Physical Presence QX Online Notarization physical Presence or online notarization, this 2nd day of August 2023. Imo•":.�. s 1R14 1 21, n h:�C if �•:!� (Signature of Notary Public) STAMP OF NOTARY PUBLIC 01-A trillo #33-03,-M Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 QTYoFowmaxwx — — — PUBLIC NOTICE CONSIDERATION OF ADOPTING A QTY ORDINANCE POSTPONED FROM JULY 18, 7023 TO AUGUST 15, 2023 NOTICE IS HHtI$FYFiiGearIItV�EgN Uetthe QyGainl dthe Qy d Opplmpo�a3iobeP nY g3rdA Raonn2A0,at SCkeedrobee,F�_The�� Iskn6edbo athrd the Pi#Heazfin9 angel pbreophe�ard onal nW(fit�es Iatne�2Rtic�FimrtglheN�iw�ladpiOn AN ORDINANCE OF THE QTY OF OKEEGX Q. RORIDA; AMEDING PART II OFTHE QTY OFOKEECHOBE£ OODE OFORDI- SUBPART B NArO DEVE.oPMevr REC#A/1TION$ CFU1P- TERN MTICLEIIIDSTRLCTSMD DISTRDf.TR O..A- M. 0 P6tI005 DUiING1M�OCFiSiORM 9#11T8tSMAY NOf REKAIN III RAO: AND PROVMIM D03 TRINS, ASSA94 TED IN LAD DEVELOPMENT TEXT AMW� APPLICATION NO. 73-003-T/\. PROVIDIING FaR COf6i1C.T; PRpVIDIIiG POR ODDI- FICATIION; PNtOVIDDVG TOR sEvetnsnm; PLRovroBNG POR AN EFFECTIVE DATE. 3Fe prcposad Qdrarroe mrr be txsped>eQMew�tr is atdeaddiess above, Pnarr 100, duig hrrtress hoes, F4atf,, 8 Ah}4:30 PM, or' aryttbr hri bA mrtartUe011ioe dde atyaak statrat 863-76XIM The P< Qaranoe wi be posted ork a «e week Pra to the PLM Hew wth the cvr,a agada m teMs m the ly vet:,1e at trtps/t�wwraiard AgerffihUnutes-0lyearoL°hbrt BE ADVISED UA Sf" you irffiodopptppo9ti mr arn/ doaFne t; P ctLm sddn,or kerns to ft Gourd m oftheSdoarre* h sidmapport aabeinm8h praCed toUeQy Oaks decision r�redte b°y the words. ANY to�rr� at a TO APPEAL y n ssi riaci Ooersreaitkn nmd dUe pumadrg 's. rredeUe rmYd !dudes the testhm and e+iderm yam wtrth the apped wN be Lased. In amycla ce wth the Anwk ars vvM Di abkes Od, Paws wth d�bNl� rree3ig a000mrmWontopartdp&1nd spimea7tlgstrort<imr�C the Qy IIT -11 pZx and 853-76 *14, H�r1x] LrpaYal: Rorda Fly? -1-1 no 6.. far hostess days P'. to prom rg. By: ay aerk uneGanr;otes, CK 6WU* LCN =023 RECEIVE-! Lane Gamiotea From: City Attorney Sent: Monday, August 7, 2023 10:48 AM To: Gary Ritter; Lane Gamiotea; Jacqueline Boer; Heather Prince; Katie Rogers Cc: Greg Hyden; City Attorney; Gloria M. Velazquez Subject: RE: [1=XTERNAL]Follow-up from City Council Meeting Ord #1276, Storm Shutters Gary That change seems perfectly fine to me. Your point is well taken. Steve From: Gary Ritter <gritter@cityofokeechobee.com> Sent: Monday, August 07, 2023 10:40 AM To: Lane Gamiotea <Iamiotea@cityofokeechobee.com>; Jacqueline Boer <executiveassistant@cityofokeechobee.com>; Heather Prince <deputyclerk@cityofokeechobee.com>; Katie Rogers <clerksecretary@cityofokeechobee.com> Cc: Stephen L. Conteaguero <SConteaguero@nasonyeager.com>; Greg Hyden <GHyden@nasonyeager.com> Subject: RE: [EXTERNAL] Follow-up from City Council Meeting Ord #1276, Storm Shutters Stephen, Greg, I'm working on a memo for our Storm Shutter Ordinance in hopes of putting this one to bed at our next council meeting. In rereading both versions, the original that resulted in a need for clarification and the new one, I'm still struggling a little with the Title for Section 90-84. Would this work? I'm suggesting the change because the subsections under Section 90-84 simply deal with protocol when putting them up, taking them down, and what to do if you want them up when the home is vacant. Sec. 90-84. Storm shutters protocol for commercial and residential buildings. Sec. 90-84. Storm shutters may not remain in place; exceptions. Gary Ritter City Administrator "tw'C tai Okekho►bee FLORIDA • = I Q I I 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372, ext. 9811 Direct: (863) 763-9811 .OFOIpE,Cy PUBLIC NOTICE ���� FILE CO CITY COUNCIL REGULAR MEETING TIME CHANGE AND SECOND BUDGET WORKSHOP NOTICE IS HEREBY GIVEN that the City Council for the City of Okeechobee will conduct a Regular Meeting and Second Budget Workshop on August 15, 2023, at 5 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL. The purpose of the Budget Workshop is to review and discuss the estimated revenues and expenditures within the proposed Budget for Fiscal Year October 1, 2023 through September 30, 2024. The Budget Workshop will be conducted after Public Hearing and New Business items. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting, or prior to the meeting, and may be viewed and/or downloaded from httr)s://www.cityofokeechobee.com/AgendaMInutesCityCouncil .html. In addition to general items of discussion and consideration, a Public Hearing will be conducted to consider adopting the following proposed ordinances, postponed from July 18, 2023 to August 15, 2023, which can be inspected/viewed in their entirety the City Clerk's Office, at the address above, Room 100, during normal business hours, Monday -Friday, 8:00 AM to 4:30 PM, excluding holidays, contact 863-763-9814: • 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, DIVISIION 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. • ORDINANCE NO. 1278_ 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. BE ADVISED that should you intend to show any document, picture, video, or items to the City Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participatE! in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Mayor Dowling R. Watford, Jr. City Clerk Lane Gamiotea 11 NOTICE POSTED: 8/1/23 BB/WEBSITE, SM 0123 11 LA CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Phone: (863)763-3372 www. cityofokeechobee. com MEMORANDUM TO: City Council FROM: Gary Ritter, City Administrator RE: Storm Shutter Ordinance No. 1276 DATE: August 15, 2023 Revised Exhibit 1 Memo 08/15/2023 Okeechobee City Council Mayor Dowling R. Watford, Jr. Vice Mayor Monica Clark Noel Chandler Bob Jarriel David McAuley 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 Ithe 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. CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Phone: (863)763-3372 www. cityofokeechobee. com MEMORANDUM TO: City Council FROM: Gary Ritter, City Administrator RE: Storm Shutter Ordinance No. 1276 DATE: August 15, 2:023 Exhibit 1 08/15/2023 Okeechobee City Council Mayor Dowling R. Watford, Jr. Vice Mayor Monica Clark Noel Chandler Bob Jarriel David McAuley 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 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 ai 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 Coincil 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 'ncluding 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 mads: 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 struG"hrough. Ordinance No. 1276, Page 1 of 3 Section 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, (1) 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 shell 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. 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 Citv 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. (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 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 stwcic-threugl}. 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 RE�ading 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. POSTPONED to this 15th day of August 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 AttornE!y Nason Yeager Gerson Harris & Fumero, P.A. Language to be added is underlined. Language to be deleted is straek-throuo. Ordinance No. 1276, Page 3 of 3 City of Okeechobee, Florida Building and Permitting Department 55 SE Third Avenue Room 101 Okeechobee, FL 34974 FAX: 863-763-1686 Scanned documents:info@cityofokeechobee.com 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 STATE OF: COUNTY OF: Before me personally appeared [Seal] Date on this day of , 2023 and is personally known to me or produced as identification. Notary Signature Notary name printed or typed 332 VI. PUBLIC HEARING CONT114UED 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 21. 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 lark, 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 11 th 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 31. 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 Plznning 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 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, SU13PART 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, :'.023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4 1 1 VII. UNFINISHED BUSINESS A. Continued discussion [from June 6, 20231 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 41. 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 t'ne 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 01= 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- 031 -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. Conside, 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. 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 21. 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. Cite 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 31 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 lake 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: -Petition No. General Services Department Fee Paid: Jurisdiction:-; 55 S.E. 3rd Avenue, Room 101 1 st Hearing: 2" Hearing: Okeechobee, Florida 39974-2903 Publication Dates: I ;_�,/V2 Phone: (863) 763-3372, ext. 218 Notices Mailed: Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: 2 Mailing address: 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 U No If yes, provide address(es) 6 REQUEST INFORMATION Request is for: U Text change to an -existing section of the LDRs (__) Addition of a permitted use Deletion of a permitted use 7 C__) Addition of a special exception use Deletion of a special exception use C__) Addition of an accessory use Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in stfikeGiA and additions in underline format. (This description may be provided on separate sheets if necessary.) 8 LDR Amendment Application Pagel 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.) I I REQUIRED ATTACHMENTS I 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 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: 1. 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 p,oposed 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 amendmerts are necessary and appropriate to make the Land Development Regulations more consistent and respcnsive to the needs of the City and its citizens; and WHEREAS, for purposes of this Ordinance, underlined type shall denote additions to and strike t#Fiaugh shall denote deletions from the or'ginal 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 durinq 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 shatters 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 alllowed 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 shutrers or hurricane protection devices that are composed of removable panels shall not be installed s) 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 "waming" 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 apps ble, language to be added is undedined. If applioble, language to be deleted is G4—e 4l"ough 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 miry 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 buildinI. (c) Nothing hereinabove shall be construed as to conflict with the Florida Building Code or the Florida Fire Preveition 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. 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 un dined. B applimble, language to be deleted is Nwddkrpgh Dowling R. Watford, Jr., Mayor =ll_.E COPY #_�3 00 Tp 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 01= 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 Clank, 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 rrotion on the floor to adopt proposed Ordinance No. 1276, to August 15, 2023. Motion to Postpone Carried Unanimously. C. Motion by Vice Mayor CI,3rk, 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 11 th 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 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 J,y.OF•OK PUBLIC NOTICE FILE COPY" W O CHANGE IN`" JULY CITY COUNCIL REGULAR MEETINGS NOTICE IS HEREBY GIVEN that the Regular Scheduled City Council Meeting to be held on July 4, 2023, at 6 PM, has been canceled. The next Regular Scheduled City Council meeting will be on Tuesday, July 18, 2023, 6 PM, or as soon thereafter as possible at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting, or prior to the meeting, and may be viewed and/or downloaded from hftps://www.cityofkeechobee.com/AgendaMInutes-CityCouncil.html. In addition to general items of discussion and consideration, a Public Hearing will be conducted to consider adopting the following proposed ordinances, which can be inspected/viewed in their entirety the City Clerk's Office, at the address above, Room 100, during normal business hours, Monday -Friday, 8:00 AM to 4:30 PM, excluding holidays, contact 863-763-9814: • ORDINANCE NO. 1272, as amended at the First Reading: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE REGULATION OF THE OPERATION OF MOBILE FOOD DISPENSING VEHICLES (MFDV) WITHIN THE CITY LIMITS, LAND DEVELOPMENT REGULATION TEXT AMENDMENT APPLICATION NO. 23 -001 -TA; AMENDING PART II OF THE CITY CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN CHAPTER 14 BUSINESSES, BY SPECIFICALLY AMENDING ARTICLE VI MFDV, ALLOWING FOR OPERATION OF MFDV AT HOUSES OF WORSHIP AND IN THE COMMERCIAL PROFESSIONAL OFFICE (CPO), LIGHT COMMERCIAL (CLT), HEAVY COMMERCIAL (CHV), CENTRAL BUSINESS DISTRICT (CBD), 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. • 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. ORDINANCE NO. 1277: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL (C) TO MULTI -FAMILY RESIDENTIAL (MFR), APPLICATION NO. 23-001-S;3A; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 23 -001 -SSA, submitted by the property owner, Roland Mossel, on 0.33+1- acres located in the 100 block of NW 11th Street. • ORDINANCE NO. 1278: 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 PUE3LIC SEWER SYSTEM; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE ADVISED that should you intend to show any document, picture, video, or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Mayor Dowling R. Watford, Jr. City Clerk Lane Gamiotea II NOTICE POSTED: 6/20/23, REVISED & REPOSTED: 6/23/23; WEBSITE: 6/26/23; SM: 7/11/23 11 W . )�-' 416NDEPEND6NT HOSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 07/05/23 (Print Dates) or by publication on the newspaper's website, if authorized, on 07/05/23. 07/06/23, 07/07/23, 07/08/23, 07/0Ei/23, 07/10/23. 07/11/23, 07/12/23 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. l Katrina Eisken Mthus Sworn to and subscribed before me by means of ❑ Physical Presence QX Online Notarization physical presence or online notarization, this 6th day of July. 20 ?3. tit 7-W (Signature of Notary Public) STAMP OF NOTARY PUBLIC c-11 i= r Ogply Ita3-0-7-P Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 CITY OF oKEECHOBEE PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICEIS HEREBY GIVEN tle[tlm (]ty C.eurd dtheQycfGkfficba' wit omdrn a PLbk Heart m. I$ 20203, 6 PM, a as soon the®f� as at CRy Htal, 553rd AVF,RunZOO, gaeedYL70C, R, to¢7� a fn�l r®dr9 foradoFllon cfthe (a6aro9g Qdn�rne 1276} AN ORDINANCE OF THE CITY OF OMM0408M FLORIDA; AM RWfGPARTIIOFTIECrrYOFOKEECHOBEEODDEOFORDI- NAN(F5, Sl1BPART B LAND DEVB1DPMFNT REGUTATIONS, CW W - TER 90210MID�K� ARTICSE III DISRRICrS AND D14TRICT REGIAM TIONS, DIVISION 1 GENERALLY ADDING A NEW SECRON 90.84, DEFIP@1G PERIODS DURING WI4QC STORM SHUri6LSMAYNOr REMAIN IN PLACE AND PROVIDING OCCEPTIONS, AS SL1BM4rrED IN LAND DEVELOPM W TEXT AMENDMENT APPLICATION NO. 23 -003 -TA; PROVIDING FOR C ONRICI; PROVIDING FOR CODI- FICATION• PROVIDING FOR SEVE A6IlITY; PROVIDING FOR AN EFFECTIVEDATE The pudic is Inrnroea w aBrznd the Pubic Hearin and be Heard an The proposed C mkwm can be ir6edNeN.e7 in is ertrety at the addles abo.G Rmn SOD, duig regJar bL-hour Mtmf f, 8 N4430 PM, e,(- aqt for Cr4iays, oxtaatte QfRE cfthe C1lyOedc gaffat 863-763-9814. The Proposed C)dran a will be postai a *e one Neck prior to the PLbic =g ale, N;m�( . agada at 13E EADDVIS Ca taln P�pa�aap�p�lonh� tly�e `�e4 for the OlYs nH1YKIL PER.SD1�1 Clg ®II�iGbT APPEAL ary dalgmm made t� the CanwT wIh r to any maft mmderei at OIs mamr>3 va neal 0o amie a eehetlm razxd tithe proaeedrg l made adCe ranrd idrdes the bra tr and aberoe rpm W)& the appeal wl be based. In aonrclwoe with the nnetans with CtsatiWes Pt1, pasxs wRh d�ebiities nealln9�I aomrnmodationl0 DartldPala n 114 prooeedtg dtotld cu�a the oN ryat� olf� n palm oral863-763-9a1a, r+azrrrgg nr�Hm: r�odaa may 7-1-1 nolater dw far bsness dais prforto P�rS• By City Oak tare Carrioh®, a1C W4262 Lao 75/2073 PM 2 3 4 P 0 � _^V RECEIVEDCP( cv JUL 06 2023 ��\ Ou %-I 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 amE!nded, 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 strask4hrough. Ordinance No. 1276, Page 1 of 3 T4 Section 90-84. Periods during which storm shutters may not remain in place; exceptions. Lal During the period starting on December 1 and ending on May 31 inclusive LjJ 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. lb. 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 u 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 courtof competent jurisdiction, the remainder shall not be affected by such invalidity. Language to be added is underlined. Language to be deleted is stwsk-through. ordinance No. 1276, Page 2 of 3 w 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 6twsk threugh. Ordinance No. 1276, Page 3 of 3 City of Okeechobee, Florida Building and Permitting Department 55 SE Third Avenue Room 101 Okeechobee, FL 34974 FAX: 863-763-1686 Scanned documents:info@cityofokeechobee.com 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 STATE OF: COUNTY OF: Before me personally appeared [Seal] Date on this day of , 2023 and is personally known to me or produced as identification. Notary Signature Notary name printed or typed FILE C0 -PV 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 INM, (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 ?:he 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 C ark, 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. JUNE 2C1, 2023, CITY COUNCIL REGULAR MEETING, PAGE 3 OF 4 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: Language to be added is underlined. Language to be deleted is struckthreagh. 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, u 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 anel 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 mmoved 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 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. LcJ 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 tho 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 struck 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 201h 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 stfusk-through. Ordinance No. 1276, Page 3 of 3 City of Okeechobee, Florida Building and Permitting Department 55 SE Third Avenue Room 101 Okeechobee, FL 34974 FAX: 863-763-1686 Scanned documents:info@cityofokeechobee.com 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 STATE OF: COUNTY OF: Before me personally appeared [Seal] Date on this day of , 2023 and is personally known to me or produced as identification. Notary Signature Notary name printed or typed V. PUBLIC HEARING ITEMS CONTINUED 3. No E -x -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 L DR 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 enfo,cement 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 .lune 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 90-34, 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 71h 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: Petition No.3 General Services Department 55 S.E. 3`d Avenue, Room 1011S Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fee Paid: 1\3/0 Jurisdiction: Hearing: ,' - �i 2" Hearin g' Publication Dates: I ;_�; 6�3 i, Sho 9 IS Fax: (863) 76:3-1686 Notices Mailed: APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant.- pplicant:2 2 Mailing address: 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? Yes No 5 If yes, provide address(es) 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 7 �) Additicn 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 Wkeo-ut and additions in underline format. (This description may be provided on separate sheets if necessary.) 8 LDR Amendment Application Pagel of 3 Provide a detailed listing of uses) 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.) 6 -fee v roP o'!�C(_l U uU "' Ic-k 9 I I REQUIRED ATTACHMENTS Non-refundable application fere 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 it processing my request. False or misleading information may be punishable by a fine of up to $500.01) and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date q, 10 k4 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: 1. 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 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 Pubhic 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. 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 .lune 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 ni 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 W 1 1) ►NDEPENDENT NWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 05/03/23, 05/10/23 (Print Dates) or by publication on the newspaper's website, if authorized, on 05/03/23. 05/04/23, 05/05/23, 05/06/23, 05/07/23, 05/08/23, 05/09/23. 05/10/23 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrina Elsken Muros Sworn to and subscribed before me by means of ❑ Physical Presence [D Online Notarization physicalpresence or online notarization, this 10th day of May, 2023. JANET SUE :MADRAY FAYCOMMISSIO129146EXPIRES: Ma2025s ?: ' 6c�rdod Thru NotaryInderNrl!ars -- — (Signature of Notary Public) STAMP OF NOTARY ]PUBLIC FILE COPY lit o8- 063-I l-► Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 CITY OF OKEEaIOBEE PUBLIC NOIR LAND DEVELOPMENT REGULATION TE(T NOTIM LS HEREBY GEVE1 da a PLBl1C FEARIW3 wi be held before the CN or 0M1 wdmbee Board (PB), rtfe�lg as the Loral PmrNrg F SS SE3id �(V��Rm2O 6 Qas taYsde and trp3m, AFgSmfim Na 73 -003 -Th a��9 the Code cirZj rne� Subpart 9, land Deekpnref[Ra}31tlbr5(II:RS), ss <5rii71tad by CRy SaR The AppGrabut =095 to amerd pww 90, �9, Arnie III, and Divid: Reg�Oa�s, addm9 53cbm 9D-84, opaUg ft idalabm and rerrmal of smrrn ILAIEM =='= be * e1/dawimdal fiorn h 1ps,//www.atyo- b� 8 A1+4ixUm3030 PM, � � �+d9 � The FB M drera remrmiadatlm to the%Can&fora WffabmTB4- TATNEY 9tedUad for 6 PM m bre 20, 2023 (i*4 RBxkg) and IA' 18, 2023 (Feel Adopbm} BE ADVISE) th# 1i W you h to m show cry doormen% Paas, aidm, m6rtst0"PB1nsppator to arty Itgnmthea9e ,aaVy theOwe, Adm, or ffust he to thee Bnye seuesry for the GIyS rear&., ANY PERSON OECBJfrIG TO APPEAL art/ de sm rrede by ue PB w9h -TEE art/ n otta mrsdam at th6 maeilrg wa reT need m acre a wabadn EE of the 5 made and the remrd ixkdes Ve �t/ and a lore �qm W idt Ve appeal wi be brief. In aom daoe wlh the A7re'vK wih Ll9h3tles A4 lxisac Z &�hiVs needrg aaamndatbnmaaoeBirq 5vW armt the Garaal lym CIRs n perm m a186i-763-9024, HF�anr�gg Lrlaied: Fbrida Play7-1.1ro Iahr Venfardsnesdays RNsmpo Y - Or Gary Rft Z n AdmZaQx, Na U -O0 TA 995WS LON 53,10,2023 ta66789 ti� \\7p RECEIVED r� MAY �I 11013 :amu„ PUBLIC' MEETING NOTICE ""`°'" PLANNING BOARD �1 ,as NOTICE IS HEREBY GIVEN that: the City of Okeechobee Planning Board (PB) meeting as the Local Planning Agency, will conduct a meeting on May 18, 2023, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting or may be viewed/downloaded from the website https://www.cityofokeechobee.com/Agenda Minutes- Plan ningBoard, html. The following Applications)/Petition(s) will be considered to receive input at a Public Hearing during this meeting, which can be viewed/downloaded in their entirety at https://www.cityof okeechobee.com/ public-notice.html or inspected in the General Services Office at the address above, during normal business hours, Monday -Friday, 8 AM -4:30 PM, excluding holidays: • No. 23 -001 -TA: Continued from the PB April 20, 2023, Meeting. Land Development Regulations Text Amendment Application, submitted by City Staff, requesting to amend Chapter 14, Businesses, to allow and regulate the operation of mobile food vending vehicles (food trucks) by adding Section VI; amend Chapter 90, Zoning, 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. A recommendation to approve or deny Application No. 23 -001 -TA will be forwarded to the City Council, TENTATIVELY scheduled for 6 PM on June 20, 2023 (First Reading) and Public Hearing on July 18, 2023 (Final Adoption). • No. 23 -002 -TA: Land Development Regulations Text Amendment Application, submitted by City Staff, requesting to amend Chapter 78, Land Development Standards, Article IV, Stormwater Management, to reflect changes in the State stormwater management regulations. A recommendation to approve or deny Application No. 23 -002 -TA will be forwarded to the City Council, TENTATIVELY scheduled for 6 PM on June 20, 2023 (First Reading) and Public Hearing on July 18, 2023 (Final Adoption). • No. 23 -003 -TA: Land Development Regulations Text Amendment Application, submitted by City Staff, requesting to amend Chapter 90, Zoning, Article III, Districts and District Regulations, adding Section 90-84, regulating the installation and removal of storm shutters. A recommendation to approve or deny Application No. 23 -003 -TA will be forwarded to the City Council, TENTATIVELY scheduled for 6 PM on June 20, 2023 (First Reading) and Public Hearing on July 18, 2023 (Final Adoption). BE ADVISED that: should you intend to show any document, picture, video, or items to the PB in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the PB with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should contact the General Services Office in person or call 863--763-9824, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By: Dawn Hoover, Board Chairperson BB/Website Notice Posted 4/26/23, SM Posted 5/11/23 City of Okeechobee Date: -Petition No. 3-(43-T General Services Department Fee Paid: t*010 Jurisdiction: cc__ 55S.E. 3`d Avenue, Room 101 15 Hearing: 5 �8.a 2 Hearing: (Q -a0 t , 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: C1 Chid 2 Mailing address: 5 S E Md 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 st,� ikeeu and additions in underline format. (This description may be provided on separate sheets if necessary.) 8 LDR Amendment Application Page l 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.) Slee Proposed oi&4iQ-(r_& IJ I I REQUIRED ATTACHMENTS I 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 q_&O 3 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: 1. 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; ADDIIVG 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 Regulaticns 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 stFikethrough 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 meetirg; 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 shutter: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 beer 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 fl applicable, language to be added is underlined. If applicable, language to be deleted 15 64144 lMeugh 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 b 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. 11' 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 soh