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1275, LDR #23-002-TAORDINANCE NO. 1275 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING • PART II OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES, SUBPART B LAND DEVELOPMENT REGULATIONS, WITHIN CHAPTER 78 DEVELOPMENT STANDARDS, BY SPECIFICALLY AMENDING ARTICLE IV STORMWATER MANAGEMENT, AS SUBMITTED IN LAND DEVELOPMENT REGULATION TEXT AMENDMENT APPLICATION NO. 23 -002 -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has a legitimate interest in periodic review of its Ordinances and LDRs in order to address certain inconsistencies or outdated regulations contained in the Code of Ordinances (the Code); to make amendments to meet changing community standards, or to accommodate new development; and to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 said City acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as LDR Text Amendment Application No. 23 -002 -TA, at duly advertised Public Hearings held on May 18, 2023, September 21, 2023, and April 18, 2024; and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments, or modifications to the Code, 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, there are certain projects that are below the South Florida Water Management District permitting threshold, and the City Council intends to capture those projects that individually or collectively impact the City's stormwater management capabilities; and WHEREAS, the City Council for the City finds and determines that these changes, amendments, or modifications to the Code 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 78 DEVELOPMENT STANDARDS. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 78 Development Standards, Article IV Stormwater Management, is hereby amended to read as follows: Section 78-101. Requirements Stormwater Management. (a) Required steFrnwater managemeRt SYS -terns shall GGITIPly with state approved standards adopted by the South Florida Watell: ManagemeRt Di6tFiGt. eVeRt of 24 heyll: duration. (2) The first . h of steFmwater FURG# shall be tFeated .. runoff(3) Post developmeRt rates, vGlumes and pellutaRt loads shall Rot eXGeed If applicable, language to be added is underlined. If applicable, language to be deleted is stwsk threugh. Ordinance No. 1275, Page 1 of 14 The City has adopted this stormwater management ordinance to help protect its resources from adverse effects of unmanaged stormwater runoff. Stormwater from a rain event, where runoff is the portion of stormwater that does not infiltrate into the ground or evaporate and is not intercepted before reaching a Stormwater Management System. Stormwater runoff from undeveloped lands usually does not require management since it does not have an opportunity to accumulate manmade pollutants or be in conflict with manmade improvements such as roads, buildings, etc. When land is converted to higher intensity land use, stormwater can become a problem if it is not properly managed. When areas are paved, and impervious surfaces are created it reduces infiltration rates and increases the direct runoff to municipal stormwater conveyance systems (storm sewers swales, canals, etc.). In certain conditions, these increases in stormwater runoff can exceed the capacity of the conveyances which leads to localized flooding, Increases in pollutant loading to stormwater associated with development must also be managed. To address these concerns stormwater management practices are implemented with development to mitigate increases in flood risk (water quantity) and increases in pollutant loading (water quality). Stormwater runoff contributes to pollutant loading to receiving waters. With the exception of man-made compounds, pollutant loading is found in all stormwater runoff in concentrations that are attributed to the land use. This includes undeveloped lands where nitrogen and phosphorous are present from decaying vegetative materials, fecal coliforms from birds and other animals, and even things like arsenic are naturally occurring. At their native concentrations these pollutants are a necessary component of the environment and contribute to normal ecosystem function. Pollutant loading can become impactful to the environment when loading levels are unmanaged and elevated above natural concentrations over a prolonged period of time. Some specific sources where pollutant loading of stormwater can become a problem originate from unmanaged municipal or vegetative waste, use of petroleum products (commonly from automobiles), unmaintained wastewater treatment systems such as septic tanks, over application of nutrient fertilizers and herbicides applied to lawns, and atmospheric deposition among others. Excess nitrogen (N) and phosphorus (P) nutrient loads are commonly attributed to residential and industrial land uses, commercial, mixed urban, and roadways can generate higher concentrations of metal contamination. Heavy metals are of particular concern because several are known to be toxic to native aquatic plant and animal species. Motor vehicles and road surfaces are the common sources of heavy metals in stormwater runoff. Nutrients and pesticides applied for lawn maintenance and atmospheric deposition can cause algal blooms and similar environmentally harmful occurrences if untreated runoff is allowed to enter surface waters. During a rainfall event, stormwater runoff mixes with pollutants either physically or chemically if they are water soluble and can carry them to surface waters. This is where unmanaged stormwater not only causes adverse environmental impacts but also economic impacts. An increase in the number of impervious surfaces raises the potential for flooding and property damage. Polluted stormwater can also lead to reduced fisheries production because of the degradation of water quality. For these reasons, stormwater management practices have been implemented throughout Florida and the United States. This Section is designed as a guide to best management practices (BMPs) for stormwater management in the City. A stormwater management practice shapes and improves the quality and quantity of stormwater runoff being discharged to receiving waters. BMPs for stormwater are those that meet discharge quantity and quality criteria at a minimal cost, This article will be used to review and approve Stormwater Management Systems permitted b the e City and will be modified as appropriate technology and regional stormwater rules dictate. Section 78-102. Exemptions Local review and approval of Stormwater Management System. If applicable, language to be added is underlined. If applicable, language to be deleted is staask through, Ordinance No. 1275, Page 2 of 14 • • A Stormwater Management Plan will be required as part of all building permit applications that increase the impervious area of a site. Regardless of whether or not stormwater management permits are required by the South Florida Water Management District (SFWMD), and notwithstanding other exemptions cited in Section 78-105, all applications for construction on or development of improvements made to land are required to submit a Stormwater Pollution Prevention Plan for review and approval by the City. This Plan is to be based on the standards and criteria of the SFWMD. Section 78-103. Specialized definitions. The following definitions shall apply to Article IV and all Sections thereof and subsections thereto. Alter or alteration. Work done on a Stormwater Management System other than that necessary to maintain the System's original design and function, including, but not limited to, work that increases the impervious area of a system or changes its storage demand or outfall characteristics. BMPs. Schedules of activities, prohibitions of practices, general good housekeeping methods, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater receiving waters or Stormwater Conveyance Systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage, leaks, sludge, water disposal, or drainage from raw materials storage. Construction Activity. Earth -disturbing activity, such as the clearing, grading, and excavation of land, and other construction -related activities (e.g., stockpiling of fill material; placement of raw materials at the site) that could lead to the generation of pollutants. Detention. The collection and storage of surface water for subsequent gradual discharge. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to a substantial presence or potential hazard to human, health, safety, property, or the environment, when improperly treated, stored, transported, disposed of, or otherwise managed, including all such materials identified in 40 C.F.R. 261.3. Existing. For purposes of the stormwater management provisions of this Code, the average condition immediately before development or redevelopment commences. Illicit Connection. (a) Any drain or conveyance, whether on the surface or subsurface, which allows an unlawful discharge to enter the Stormwater System including, but not limited to, any connections to the storm drain system from indoor drains and sinks; or Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in Plans, Maps, or equivalent records and approved by an authorized enforcement agency. Illicit Discharge. A discharge to the Stormwater System within the City that is not composed entirely of managed stormwater as exempted in Section 78-108 of this Ordinance. If applicable, language to be added is underlined. If applicable, language to be deleted is strask thMgh. Ordinance No. 1275, Page 3 of 14 Impervious Surface. A surface that has been compacted or covered with a laver of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi - impervious surfaces such as compacted soil or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures. Maintenance. That action taken to restore or preserve the original design and function of i any Stormwater Management System without significant change. MS4 or Municipal Separate Storm Sewer System. Publicly owned conveyance or system of conveyance (i.e., ditches curbs catch basins and underground pipes) designed to discharge stormwater to surface waters of the State. NPDES Stormwater Discharge Permit. A permit issued by Environmental Protection Agency (EPA) or by a State under authority delegated pursuant to 33 U.S. Code, National Pollutant Discharge Elimination System, §1342(b) and its amendments, or its successor statutes, that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Non-stormwater Discharge. Any discharge to the storm drain system that is not composed entirely of stormwater. Natural Systems. Systems which predominantly consist of or are used by those communities of plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water. Pollutant. Anything which causes or contributes to pollution. Pollutants may include but are not limited to paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects; ordinances, and accumulations, so that same may cause or contribute to pollution; floatables: pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal, coliform, and pathogens; dissolved and particulate metals; animal wastes: wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises. Any building lot parcel of land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Rate. Volume per unit of time. Retention. The collection and storage of runoff with discharge to the surficial aquifer and without subsequent direct discharge to surface waters. Sediment. The mineral or organic particulate material that is in suspension or has settled in surface or ground waters. Site. Generally, any tract, lot or parcel of land or combination of tracts, lots, or parcels of land that are in one ownership, or in diverse ownership but contiguous, and which are to be developed as a single unit, subdivision, or project. Stormwater. The flow of water which results from, and that occurs immediately following, rainfall. Stormwater Management System. The System, or combination of systems, designed to treat stormwater quality and collect, convey, channel, detain, retain, or divert the movement of stormwater on through, and from a site. Stormwater Pollution Prevention Plan. A document which describes: u The BMP's and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to • the maximum extent practicable, and u The specific measures and sequencing to be used to control sediment and erosion on a site during and after construction. If applicable, language to be added is underlined. If applicable, language to be deleted is StPJGk thmugh. Ordinance No. 1275, Page 4 of 14 r� • Stormwater Runoff. That portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system. Surface Water. Water above the surface of the ground whether or not flowing through definite channels, including the following: (a) Any natural or artificial pond, lake, reservoir, or other area which contains water, and which has a discernible shoreline: or M Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction and which has a definite flow route; or (c) Any wetland. Wetland. Land that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes, but is not limited to, swamp hammocks, hardwood swamps, riverine cypress, cypress ponds, bayheads and bogs, wet prairies, and freshwater marshes. Section 78-104 - Relationship to other stormwater management requirements. In addition to meeting the requirements of this Code, the design and performance of all Stormwater Management Systems shall comply with applicable State regulations regarding stormwater quality and or rules of the SFWMD as appropriate. Section 78-105. Exemptions. The following development activities are exempt from these stormwater management requirements, except that steps to control erosion and sedimentation must be taken for all development. u The construction of a single-family or duplex residential dwelling unit and accessory structures on a single parcel of land. 2 Any development within a subdivision if each of the following conditions have been met: LD Stormwater management provisions for the subdivision were previously approved by the City and remain valid as part of a final plat or development plan; and The development is conducted in accordance with the stormwater management provisions submitted with the final plat or development plan. (c) Maintenance activity that does not adversely affect the quality, rate, volume, or location of stormwater flows on the site or of stormwater runoff. Section 78-106. Stormwater Management Plan Requirements. ((a) A Stormwater Management Plan is required to be submitted as part of the City building permit application pursuant to Section 70-302 of the Code, its amendments, or its successor statutes. The Plan will indicate how a project design will incorporate the required stormwater management and treatment criteria. The elements that may be required as part of a Stormwater Management Plan are listed below. (b) Site Information: Detailed location map. Description of existing vegetative cover including wetlands. ll Location and size of preservation or mitigation areas (if applicable). (4) Site Paving, Grading, and Drainage Plans. ll Vegetation Protection Plan. Soils map and percolation test results. Wet season water table elevation. If applicable, language to be added is underlined. If applicable, language to be deleted is stFuGk through. Ordinance No. 1275, Page 5 of 14 (8) Recent aerial photograph including the year that the photograph was taken. (9) Map of drainage basin boundaries including any off-site areas. (10) of floodplain and elevations. 0 u Stormwater Management Plan: .(1) Location of all existing and proposed on-site waterbodies including wetlands. (22) Location of all off-site wetlands, water courses, and waterbodies affected by on-site drainage patterns. Location and detail of all major control structures and elevations. Preliminary construction plans may be submitted for conceptual approval. u Right-of-way and easement locations for Stormwater Management Systems including all areas reserved for stormwater management purposes. u Location and size of on-site stormwater management facilities. Square footages, acreages and percentage of property proposed as: a. Impervious surface (excluding waterbodies). b. Impervious surface (waterbodies). c. Pervious surface. d. Total square footage or acreage of the project site. Q Proposed Grading, Paving and Drainage Plan. u Treatment volumes and discharge rates (if applicable) for stormwater runoff. Legal and Institutional Information: Entity responsible for operation and maintenance of surface water management s sy tem. .(2) If the operation and maintenance entity is to be a public body, a letter from the public body confirming this must be submitted before staff approval. If the entity is a homeowners association, documents verifying the existence of such organization and its abilitv to accept operation and maintenance responsibilitv must be submitted before staff approval. (e) Below is a checklist of the elements that City staff will use to determine which of the elements a specific Plan should or should not require for each site. Some of these elements are required for other parts of a City building permit, but also need to be considered as part of the Stormwater Management Plan. In these instances, specific criteria are the same as those already required by the City and are not discussed further in this Article. Stormwater Management Plan Checklist: Site Information. a. Detailed location map. b. Description of vegetative cover. c. Location and size of preservation or mitigation areas. d. Vegetation Protection Plan. e. Soils map. • f. Percolation test results. g. Current wet season high water table. If applicable, language to be added is underlined. If applicable, language to be deleted is 6tfask threugh. ordinance No. 1275, Page 6 of 14 h. Future wet season water table. i. Measures to be taken to eliminate off-site adverse impacts, such as turbidity, flooding, etc. Recent aerial photo (with year aerial was taken). k. Map of drainage basin boundaries including off-site areas. I. Map of floodplain and elevations. u Master Stormwater Management Plan. a. Location of all existing and proposed on-site waterbodies (including wetlands). b. Location of all off-site wetlands and waterbodies to be affected by on-site drainage patterns. c. Location of all major control structures and elevations (preliminary construction plan may be submitted for conceptual review). d. Right-of-way and easement locations for Stormwater Management Systems, including all areas reserved for stormwater management purposes. e. Location and size of on-site water management facilities. f. Square footages, acreages, and percentage of property proposed as: 1. Impervious surface (excluding waterbodies). 2. Impervious surface (waterbodies). 3. Pervious surface. 4. Total square footage or acreage of project site. g. Proposed Grading Plan. h. Existing Topography (spot elevations or contours as appropriate) I. Treatment volume and discharge rate (if applicable) for Stormwater Management System. Q� Legal and Institutional Information. a. Entity responsible for operation and maintenance of stormwater management facility.* *If the operation and maintenance entitv is to be a public bodv, a letter from the public body confirming this must be submitted before staff approval. If the entity is a homeowners' or property owners' association, documents verifying the existence of such organization and its ability to accept operation and maintenance responsibility must be submitted for review and approval. (f) Hydraulic Design Criteria. Stormwater manaaement facilities for development shall be desianed in accordance with the following: u All projects shall control the volume of discharge from developed areas at predevelopment volume of discharge for the design level of service storm event adopted in the Code. u All project sites shall control the timing of discharges to preclude any off-site impact 40 for any storm event. (3) Peak discharge rate shall not exceed predevelopment discharge rate for the design level -of -service storm event adopted in the Code. If applicable, language to be added is underlined. If applicable, language to be deleted is stFuck through. Ordinance No. 1275, Page 7 of 14 LM Water Quality Design Criteria. Stormwater designs must demonstrate a net improvement in nutrient loads or a 95 percent reduction in pollutant loads for the design level of service storm event adopted in the Code. This can be demonstrated through methods that are accepted by the SFWMD. u Methods of Stormwater Treatment. Stormwater treatment facilities shall be designed to treat stormwater runoff to a level that meets the design criteria defined herein. The volume to be treated depends on the type of stormwater management facility(ies) used and the land use of the property. A detention facility collects and temporarily stores a treatment volume to provide for treatment through physical, chemical, or biological processes with subsequent gradual release of the stormwater to a surface water system. A retention facility is designed to prevent the discharge of a given volume; however, it is slowly released from the facility through infiltration and evapotranspiration. A retention or detention facility built at least 12 -inches above the groundwater table is "dry." A facility with the bottom below the control elevation is "wet." The wet season water table plays an important part in the functioning of retention systems. To ensure that stormwater facilities continue to function in the future, a stormwater design will need to include a determination of the wet season water table. Qi Wet Detention. (1) Wet detention is the collection and temporary storage of stormwater runoff, before controlled discharge into receiving waters, in a permanently wet impoundment to provide treatment through physical, chemical, and biological processes with subsequent gradual controlled release of the stormwater. A wet detention facility is a basin or pond with a bottom elevation below the wet season water table or control elevation. Method of Achievement. Constructed ponds on the site are generally used for wet detention. These ponds must meet the following design criteria: A wet detention facility is usually wet and allows for Y2 -inch of the required detained volume (1 -inch over the total basin area, or the total of 2.5 -inches times the percent of impervious area less roof and wet pond areas, whichever is greater) to be discharged through a control structure in no less than 24 -hours. Catch basins, pipes, swales, or channels are used in areas with large amounts of impervious surface to collect runoff and convey it to the detention facility. The required design criteria of a wet detention facility are detailed below: a. The pond must be at least 0.5 acre and at least 100 -feet wide for lakes exceeding 200 -feet in length. b. Irregularly shaped lakes may be narrower than 100 -feet in some portions but should average 100 -feet in width. c. Projects with single -owner entities or entities with a full-time maintenance staff with obvious interests in maintaining the areas for water quality purposes may have the area and width criteria waived. d. The lake slopes should be at least 4:1 (horizontal to vertical) to a depth of 2 -feet for safety reasons and to allow a littoral habitat to form. e. The control structure is at one point in the detention facility. Trash collection screens are required on structures discharging to surface waters. f. The control structure must be opposite from the runoff entry into the facility to prevent hydraulic short-circuiting and to ensure full treatment. For non-residential projects, wet detention cannot be used as the sole form of stormwater treatment. If wet detention is used, at least 2.5 -inches of dry retention pre-treatment must be provided for the whole project area. 0 Guidance on sizing, designing and permitting wet detention facilities or exfiltration trenches can be found in the SFWMD Environmental Resource Permit Applicant's Handbook. If applicable, language to be added is underlined. If applicable, language to be deleted is stwk through. Ordinance No. 1275, Page 8 of 14 Dry Retention. (1) Dry retention is a stormwater system designed to prevent the discharge of a given volume of stormwater runoff into surface waters by complete onsite storage of that volume. A dry retention facility has a bottom elevation at least 1 -foot above the future wet season water table and is usually dry. Stormwater is released only during times of heavy rainfall or flooding. Method of Achievement. Examples of dry retention facilities include infiltration systems (e.a.. veaetated swales and bioretention systems) and seepage systems (e.g., exfiltration trenches, pervious pavement, and exfiltration vaults). Of these two, infiltration systems provide better pollution attenuation. The vegetation takes up a percentage of the nutrients commonly found in stormwater runoff. Most heavy metals bind with the soils above the water table and the potential for them entering the groundwater is reduced. Seepaae systems consist of an underaround facility that relies on a mostly outward dispersion of stormwater from the facility to the groundwater. These structures are constructed a minimum of 1 -foot above the future wet season water table. These systems are most suitable for areas where the soil has high transmissivity. However, they do not provide the nutrient uptake that is offered with veaetated infiltration systems. Infiltration systems and seepaae systems need a hiahlv permeable substratum to allow the stormwater runoff to percolate into the ground. Seepage systems do not require as much land area as infiltration systems since they can be installed underground. However, the future wet season water table at the project site must be at least 1 -foot below the seepage structure. (k) Dry Detention. (1) Dry detention systems are designed to store a defined quantity of runoff from a completed development and slowly release the collected runoff through an outlet structure to adjacent surface waters at downstream, pre -development flow rates. u Method of Achievement. Examples of dry detention facilities include impoundments and excavated basins. Treatment volume shall consist of on-line or off-line detention of the first 0.75 -inches of runoff or 1.88 -inches times the percentage of imperviousness; whichever is greater. Systems shall recover 50 percent of treatment volume in 24 -hours. Dry detention systems are limited to project areas less than 5 acres in size, and which serve a drainage area less than 5 acres in size. f I� Control Structures, Definition. A control structure is a device through and/or over which water is discharged from a Stormwater Management System. Direct discharge occurs when stormwater is released through a control structure to the receiving waterbody. If the discharge from the Stormwater Management System is by a means other than a control structure (e.g., sheet flow or spreader swale), it is considered indirect discharge. Purpose. The primary purpose of a control structure in a detention facility is to release the calculated runoff volume slowly over a specified period. In a retention facility, the control structure allows for volumes exceeding the calculated retention volume to leave the system in a manner that provides adeauate downstream flood protection. j� Types of Control Structures. Direct discharge from a water management facility to the receiving body is usually achieved through control structures such as weirs and orifices. The following criteria must be met for all methods of direct discharge: a. Trash collecting gratings and oil skimmers must be installed on the intake of all structures that discharge to surface waters. If applicable, language to be added is underlined. If applicable, language to be deleted is struGk thFough. Ordinance No. 1275, Page 9 of 14 b. Detention facilities discharge must be above the permanent pool. c. If a non -single-family residential property is greater than 50 percent impervious or contains a system with inlets in paved areas, discharge structures must include a baffle, skimmer, or other suitable mechanism for preventing oil and grease from being discharged. 0 d. Direct discharge will only be allowed to those areas that due to their large capacity or configuration are able to absorb concentrated discharges without erosion. When using indirect discharge to release stormwater, a spreader swale is commonly used. The swale is positioned parallel to the receiving body, and the side adjacent to the receiving body is lower than the side opposite the receiving body. The swale allows the water to flow into the receiving body but not flood the adjoining property. This method works well when trying to maintain a proper water level in wetlands that are used for stormwater management. The spreader swale is also a treatment facility for stormwater runoff. Runoff exceeding the first flush is allowed to enter the wetland system via sheet flow. u Criteria for Single-Family/Duplex Lots. ,(1) Lots Within Subdivisions With Approved Stormwater Management Plans. In all subdivisions that have an approved Stormwater Management Plan, all new development must comply with the approved Plan. A lot Grading Plan, complete with topographic information that complies with this Section, must be submitted for review before the issuance of the building permit. If the approved Stormwater Management Plan does not contain sufficient lot grading information to verify that the lot being permitted will drain in accordance with the Plan, the requirements of Section 2 herein shall apply. Lots Within Subdivisions Without Approved Stormwater Management Plans. Single- family and duplex homes that are not part of a stormwater drainage system shall provide a Stormwater Management Plan following the guidelines established herein. The design criteria generally use vegetated swales, However, other retention practices may be used. The retention volume specified in these design criteria will provide adequate stormwater treatment on a single-family/duplex lot to meet the City stormwater treatment requirements. However, calculations demonstrating a net improvement in nutrient loads may be submitted as an alternative to using the retention volume specified in these design criteria. The stormwater calculations must be completed by a Florida registered and licensed professional engineer. The retention volume depends on the lot size and the Stormwater Management System used. Stormwater treatment can also be provided using other retention systems such as pervious pavement, exfiltration trenches, or shallow stormwater vault systems. u If swale(s) are used, they must meet the following criteria: a. Runoff from the site must be drained to the swale. b. The swale length must be greater than its width. c. The swale side slope must be 4:1 (horizontal to vertical) or shallower. d. The swale must be placed so that any natural areas to be preserved are not disturbed. e. The swale must be at least 6 -inches deep. f. Swales should be vegetated. If a swale is not vegetated, a 6 -inch layer of soil amendment formulated to reduce nutrient loading must be installed directly below the swale. Specifications and published nutrient reduction test results for the soil amendment media must be provided at the time of testing. If applicable, language to be added is underlined. If applicable, language to be deleted is stwsk-threugh. Ordinance No. 1275, Page 10 of 14 For retention systems, a control structure will allow runoff exceeding the volume of the swale to be discharged to the receiving body. More than one retention system may be on the property provided that each meets these criteria, and the total volume of the retention is at least the calculated volume. Veqetated swales may be incorporated into the set -back area of land required by the City. Section 78-107. Dedication or Maintenance of Stormwater Management Systems. (a) Dedication. If a Stormwater Management System approved under this Code will function as an integral part of the City maintained regional system, as determined by the City, the City shall have the option of requiring that the facilities be dedicated to the City. In no event shall any Stormwater Management System, including lakes, canals, and waterways, be granted, conveyed or dedicated to the City without the consent of the City Council. (b) Maintenance by an acceptable entity. (1) All Stormwater Manaqement Systems that are not dedicated to the City shall be operated and maintained by one of the following entities: a. An active water control district created pursuant to Florida Statutes (F.S.) Chapter (Ch.) 298 or drainage district created by special act or community development district created pursuant to F.S. Ch. 190, or special assessment district created pursuant to F.S. Ch. 170. b. A State or Federal agency. c. An officially franchised, licensed or approved communication, water, sewer, electrical or other public utility_ d. The property owner or developer if: 1. Written proof is submitted in the appropriate form by either letter or resolution, that a governmental entity or such other acceptable entity, as set forth in paragraphs a through c above will accept the operation and maintenance of the stormwater management and discharge facility at a time certain in the future, 2. A bond or other assurance of continued financial capacity to operate and maintain the system is submitted. e. For-profit or nonprofit corporations includinq homeowners' associations property owners' associations, condominium owners' associations or master associations if: 1. The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the City affirmatively taking responsibility for the operation and maintenance of the stormwater management facility. 2. The association has sufficient powers reflected in its organizational or operational documents to: I. Operate and maintain the Stormwater Management System as permitted by the City. ii. Establish rules and regulations. iii. Assess members. iv. Contract for services. V. Exist perpetually, with the articles of incorporation providing that if the association is dissolved, the Stormwater Management System will be maintained by an acceptable entity as described above. If a project is to be constructed in phases, and subsequent phases will use the same stormwater management facilities as the initial phase or phases the operation/maintenance entity shall have the ability to accept responsibility for the • operation and maintenance of the Stormwater Management Systems of future phases of the project. In any event, the backbone Stormwater Management System shall be constructed for the entire project. If applicable, language to be added is underlined. If applicable, language to be deleted is stFUGktgreugh. Ordinance No. 1275, Page 11 of 14 (3) In phased developments that have an integrated Stormwater Management System but employ independent operation/maintenance entities for different phases, the operation/maintenance entities, either separately or collectively, shall have the responsibility and authority to operate and maintain the Stormwater Management System for the entire project. That authority shall include cross easements for stormwater management and the authority and ability of each entity to enter and maintain all facilities should any entity fail to maintain a portion of the Stormwater Management System within the project. (4) The applicant shall be an acceptable entity and shall be responsible for the operation and maintenance of the Stormwater Management System from the time begins until the Stormwater Management System is dedicated to and accepted by another acceptable entity. (c) Offsite stormwater conveyance systems. Where a private offsite stormwater management or conveyance system is required to obtain a final development order pursuant to the provisions of this Code, perpetual easements shall be obtained by the developer. The easements required by this Subsection shall provide the City with the right but not the obligation to maintain the conveyance or Stormwater Management System located thereon. Section 78-108 - Prohibition of Illicit Discharge. (a) No person shall directly or indirectly cause an illicit discharge to enter the stormwater system. Categories of illicit discharges include, but are not limited to, the following: (1) Petroleum products including, but not limited to, oil, gasoline, and grease. (2) Solid waste or sanitary sewage. (3) Chemicals including, but not limited to fertilizers and pesticides. (41 Paints, solvents, or degreasers. (5) Concrete slurry. (6) Laundry wastes or soaps. M Antifreeze and other automotive products. m Soil. (9) Leaves, branches, and other yard/landscaping waste. (10) Construction materials. (2Toxic or poisonous solids or liquids. (12)Solids or suspended solids in such quantities or of such size capable of causing interference or obstruction to the flow in the stormwater system. Section 78-109. Prohibition of Illicit Connections. The construction use maintenance or continued existence of illicit connections to the stormwater system is prohibited. Section 78-110. Reporting of Illicit Discharges and Illicit Connections. Upon discovery of an illicit discharge or an illicit connection the Person(s) responsible for the illicit discharge or the illicit connection shall report his or her findings immediately to the C Section 78-111. Enforcement, Penalties, and Liability for Pollution Abatement. (a) The provisions of this Ordinance shall be enforced as provided in Chapter 18 of the • Code its amendments, or its successor provisions. (b) No person shall oppose obstruct or resist any enforcement officer, designated City staff, or any person authorized by the enforcement officer or designated City staff in the discharge of his or her duties, as provided in this Ordinance. If applicable, language to be added is underlined. If applicable, language to be deleted is strask-thmugh. Ordinance No. 1275, Page 12 of 14 u Any person responsible for an illicit connection, or an illicit discharge, to the stormwater system, is subject to fine(s) and shall be responsible to pay both the necessary expenses incurred in evaluating, treating, and disposing of pollutant materials and also the reasonable cost of repairs. A lien may be placed against the land on which the violation exists and upon any other real or personal property owned by the violator. u The remedies and penalties provided in this Ordinance are not exclusive, and the City may seek whatever other remedies are authorized by F.S., at law, or in eauitv aoainst any person who violates the provisions of this Ordinance. Section 78-112 — Erosion Control Standards. Lal Clearing except that necessary to establish sediment control devices shall not begin until all sediment control devices have been installed and have been stabilized. Clearing techniques that retain natural vegetation and drainage patterns shall be implemented to the satisfaction of the City Public Works Department or designee, Grading erosion control practices, sediment control practices, and waterway crossings shall be adequate to prevent transportation of sediment from the site and be maintained to proiect completion to the satisfaction of the Citv Public Works Department or designee. (c) The angle for graded slopes and fills shall not be greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures generally 4:1 or less. Slopes left exposed will within 10 working days of completion of anv phase of aradina be planted or otherwise provided with around cover devices or structures sufficient to prevent erosion. u Groundcover sufficient to restrain erosion must be planted or otherwise provided within 10 working days on portions of cleared land upon which further construction activity is not beinq undertaken within 30 calendar days of clearing. (e) Vegetative cover or other erosion control devices or structures used to meet these requirements shall be properly maintained during and after construction. �f Temporary seeding or sodding adequate covering or chemical application on exposed soils including stockpiles of topsoil, sand, or other construction fill shall be used where delays in construction of more than seven calendar days are anticipated. Lc� The operator of any construction project that disturbs one acre or more or is part of the larger common plan of development, or sale which disturbs one acre or more is required to obtain the proper Stormwater Permit from the Florida Department of Environmental Protection and to comply with all the terms and conditions of the permit in addition to any City requirements. The operator shall maintain a copy of the Permit on-site for review by any authorized official upon request, (hh) Waste generated onsite including but not limited to discarded building materials, concrete truck wash out, chemicals, litter, and sanitary waste must be stored secured or otherwise controlled to the maximum extent practicable to prevent adverse impacts to water quality. 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. • 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 applicable, language to be added is underlined. If applicable, language to be deleted is stFurk thmugh. Ordinance No. 1275, Page 13 of 14 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 7th day of May 2024. Roll Call Vote: Council Member Chandler: Council Member/Vice Mayor Clark Council Member Jarriel: Council Member McAuley: Mayor Watford: ATTEST: Lane Gamiotea, CMC, City Clerk Yes No Abstained Absent X X X X X -bowling R. W d, X, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of June 2024. Roll Call Vote: 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 atf&5r., Mayor ATTEST: A g2' Lane G miotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: xf Greg Hyden, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. If applicable, language to be added is underlined. If applicable, language to be deleted is StFUGlk through. ordinance No. 1275, Page 14 of 14 • is Katie Rogers From: Katie Rogers Sent: Monday, June 3, 2024 11:09 AM To: Trish Hampshire Cc: Lane Gamiotea; Caya Ortega Subject: Website : Public Notice : City Council Attachments: 2024 06 04 Ord 1275 and 1289 pdfA.pdf Tracking: Recipient Trish Hampshire Lane Gamiotea Caya Ortega Read Read: 6/3/2024 11:13 AM Trish, Please post this notice ASAP for tomorrow night's Council Meeting. Thanks, Katie Rogers I Deputy Clerk CITY CLERK'S OFFICE I=j_ GPY drin4o. 12--75 CITY OF OKEECHOBEE 55 SE 3RD AVENUE, OKEECHOBEE, FL 34974 PHONE: (863) 763-3372 EXT. 9814 FAX: (863) 763-1686 EMAIL: DEPUPTYCLERK@CITYOFOKEECHOBEE.COM Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. a I )v "'INDEPENDENT NEWSMEDIA 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 05/22/24 (Print Dates) or by publication on the newspaper's website, if authorized, on 05/22/24. 05/23/24, 05/24/24, 05/25/24, 05/26/24 05/27/24 05/28/24 /05 29/24 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. f � I Katrina Elskert Micros Swom to and subscribed before me by means of Physical Presence "X Online Notarization physical Presence or online notarization, this 22nd da, of f May, 2024. 77­ �' r :. .Cut^•;1Vo ; (Signature of Notary Public) STAMP OF NOTARY PUBLIC 'SII -F COPY ►���.�. coy--�' Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 MY OF OFEE{HMa PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOrIOE S HE REW MEN Rha[ the Cly Curd ddeaydaeadntm wi ara,a a RbfoSE m June 2027, 6 PM, m as mw d amlta poitle, at QY HalS Rin , 55 AVOlaaa}nbee, FL, to — tkb d �5 fr tlm ado{dthe (db ," Q6aiae M mw (Na 1275): AN ORDINANCE OF THE QTY OF O GMMOeM H DRIDA; AMENDING PART II OF THE QTY OF OICIEEU E OODE OF OR- DINANOES' AAiPART 6 LAND DEVELOPMENT RFGUATTONS, wlnmR OiAPTER 78 DEVB-OPWW STArDARD4 BY Sp=- CALLY N- ENDING ARTICLE IV STORM ATE R MANAG011ENT, AS SUBII T IN LAND DEVETOPII M REGULATION TEXT AMEND- MENT APPLICATION Na 23 -002 -TA; PROVIDING FOR OOtRtl..tt.T; PROVIDUC FOR OODWMATDXN PROVIDING FOR SEVERABIIS- TY; PROVIDING FOR AN F}fBCTIVE DATE. The pubicand stespdvA partfes are tmied to attend and be hand and may sulm*wrtten/oral avrvnemts bdae or at the meeii g. 1?*? eedQdMoeanbeIrVat jAkvedhItsger��dyyattheaddes abw� Rm laD, dutg elrlar b 6 e$ hors 8 PN54 30 FM, oaept tar hdeJys, mtaCthe Cff� dCe Cly Oak 9affat 863�7fi39814.1 YA be poshsl orae ore week prbr to the Rbk Harhg date, wth the City Card again nmau5 m the Qy vabste at Ngs//w ma)ddmadnbw=W BE ADVLSID tre'== to show any dmxn! , � vdn r. mtheCLyCr" sAfonmarytenmthe a mpY d the davmi, pldlrq ddaq a tem mat be graded to Cly Qrk far the Qy5 rends ANY PBL90N DE�IIdG TO ADPFJLL ary der.W• aslm made W the a4 (aryl win a pat m any matter mwdam rl the � ard ���e� be bmec.NaoordmwindeAmalarLSvyMDlsabi Aa,Pawnswth Qr abitFsrxnirg5peialamt�Mtrttopertkpalenth's snail axtactthegv QRshperAnma1863.763.9615, [rt�ie�: F lorda Roby Y -I.1 m der Uw far rises days pv hI pooBech Br.. City Oak tare Qmctea, CK 653378 LON 5!22/26124 toY]�? %llit? Vk6,/q Ord r►'lt.. ! P01Z'Y. i4e- v Ord• no -)).715 Regular City Council Meeting +� PUBLIC NOTICE CONSIDEKA i 1UN ur ADOPTING PROPOSED CITY ORDINANCES NOTICE IS HERESY GIVEN FUEL'.0 HEARING .. ,, i-: ; ur Regular Meeting _ .. June d 2024 6 PM . AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORiOA AMENDING PART II OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES SUBPART o LAND DEVELOPMENT REGULATIONS. WITHIN CHAPTER 78 DEVELOPMENT STANDARDS, BY SPECIFICALLY AMENDING ARTICLE IV STORMWATER MANAGEMENT. AS SUBMITTED IN LAND DEVELOPMENT REGULATION TEXT AMENDMENT APPLICATION NO. 23.002 -TA: PROVIDING FOR CONFLICT: PROVIDING FOR CODIFICATION PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE I -;1;=•,e]' - :' h ANOP.DINANCEOFTHE CITYOF •O • KEECHOBEE. FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163 3177(3gb{ PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY: AND PROVICING ANEFFECTIVE DATE The pub;:: a^d rte,.ten pan„ re nveed :c attend and la ^.eau and may scum: e: aer xa' _OT ws before Q at the mW.N ANY ? -scl. Ci'*%:; 70 A -PEA_ .. • ' d ++erre Don ~ M OI" w Pers a ad 863 , +ro -.. _. ... '♦.o as wo ha t.rn� oqe lea to aaser{ 6/3/24, 8:13 AM City Council Regular Meeting - Jun ' ''024 City Council Regular Meeting * -(https://business.okeechobeebusiness.com/events­/s-earch) { © Date and Time Tuesday Jun 4, 2024 6:00 PM - 7:00 PM EDT Tuesday, June 4, 2024 6:00 P.M. R Location City Hall Council Chambers 55 SE 3rd Avenue Okeechobee, FL 34974 B Contact Information Lane Gamiotea Send Email(mailto:IgamioteaCaDcityofokeechobee.com?subject= ity%20Council%20Reaular%20Meetino) Description Regular City Council Meeting FILE COPY 23•Cco,.Tp PUBLIC NOTICE GNSIDERATiON Jr 4DOPTING .W 7PS'r1Y� d l(fR'l O104ECttEE.'.:aOl •. 1; - �i I rr -r, rr V 7kf:i0itiC Wu 'r p, _�%rKr7 c.cc= n rG:JfDrl :Wt A161p�J11 .VP.Ki1'C111p. ]l.or.:k ACJGr. fot ccwrc wnsrc rae mo.,c.se� .elos ro. racayurr. �rpn4lftlatcrnrrvsr ncrror srfuru urw trllrrtMl woYew fc� o�rtwr. J 111010e0fdllYMI�INY: NO •RDIOr Y[fIIECIMGI[. Set a Reminder Business Directory ( tips://business.okeechobeebusiness.comAisV/ / Events Calendar (https.//bUsiness.OkeeChobeebusiness.wm/events/l / Hot Deals jhttps://business.okeechobeebusiness.com/holdeals/) / MarkelSoace https //business.okeechobeebusinesscom/marketspace/1 / Job PostinolhttpsJ/business.okeechobeebusiness.comrjobr//j / Contact Vs (httpsJ/business.okeechobeebusiness.com/contacLq GET IN TOUCH! ;o—`° �,r re- (http://www.growthzone.com/) o — ADDITIONAL RESOURCES (tel:(863) 467-6246)% (863) 467-6246 FAQ (/faq/) (tel:(863) 467-6246) City of Okeechobee (https://www.cityofokeechobee.com/) (https://maps-app.goo.gi/9a4Y7wsNdacep7c [al 55 S. Parrott Ave, Ok& MC,%rU4%tps://www.co.okeechobee.fl.us/) U9) (https://maps.app.goo.gl/9a4Y7wsNdacep7cu9) https://business.okeechobeebusiness.com/events/details/city-council-regular-meeting-06-04-2024-21953 1/2 s D` - , mg -TA PUBLIC NOTICE CONSIDERATION OF ADOPTING PROPOSED CITY ORDINANCES NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held during the Regular Meeting of the City Council for the City of Okeechobee on June 4, 2024, at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL., to consider the adoption of the following: • ORDINANCE NO. 1275: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CITY OF OKEECHOBEE CODE OF ORDINANCES, SUBPART B LAND DEVELOPMENT REGULATIONS, WITHIN CHAPTER 78 DEVELOPMENT STANDARDS, BY SPECIFICALLY AMENDING ARTICLE IV STORMWATER MANAGEMENT, AS SUBMITTED IN LAND DEVELOPMENT REGULATION TEXT AMENDMENT APPLICATION NO. 23.002 -TA; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. • ORDINANCE NO. 1289, Postponed from May 21, 2024: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3)(b); PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The public and interested parties are invited to attend and be heard and may submit written/oral comments before or at the meeting. The proposed item can be viewed/inspected in its entirety at the address above in Rm 100, during regular business hours, Mon -Fri, 8 AM -4:30 PM, except holidays, contact the City Clerk's Office staff at 863-763- 9814. It will be posted online one week prior to the PUBLIC HEARING date, with the City Council agenda materials on the website at https://www.cityofokeechobee.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 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: 5/22/24 BB/WEBSITE, 5/22/24 SM 11 W \�y.OF'OKFFcy� OT CITY OF OKEECHOBEE, FLORIDA - PLANNING BOARD MEETING APRIL 18, 2024 SUMMARY OF BOARD ACTION CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, April 18, 2024, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Board Members Phil Baughman, Carl Berlin, Jr., Karyne Brass, Mac Jonassaint, Jim Shaw, and Alternate Board Member J. Dean Murray were present. Vice Chairperson Doug McCoy and Alternate Board Member Jon Folbrecht were absent. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Member Baughman, seconded by Member Jonassaint to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Member Brass, seconded by Member Baughman to dispense with the reading and approve the March 21, 2024, Regular Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:02 P.M. A. Rereview Land Development Regulations (LDR) Text Amendment Application No. 23 -002 -TA, which proposes to amend Chapter 78, Land Development Standards, Article IV, Stormwater Management, to reflect required changes adopted by the State on stormwater management regulations. 1. City Attorney Stephen Conteaguero with Nason, Yeager, Gerson, Harris & Fumero briefly reviewed the proposed ordinance stating this is to bring the existing City LDR into conformance with the Florida Department of Environmental Protection. This ordinance is to help protect the City's resources from the harmful effects of unmanaged stormwater runoff. It also addresses illicit discharges and post construction run off. 2. No public comments were offered. 3. No Ex -Parte disclosures were offered. 4. Motion by Member Jonassaint, seconded by Member Berlin to recommend approval to the City Council for LDR Text Amendment Application No. 23- 002 -TA, as presented in [Exhibit 1]. The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for May 7, 2024, and June 4, 2024. Motion Carried Unanimously. CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 6:13 P.M. VI. CITY ADMINISTRATOR UPDATE No updates provided at this time. VII. ADJOURNMENT Chairperson Hoover adjourned the meeting at 6:14 P.M. Submitted by.- Patty y: 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. April 18, 2024, Planning Board Meeting Page 1 of 1 � PUBLIC MEETING NOTICE -ILE COPY CORRECTED 2 0 _gip LAND DEVELOPMENT REGULATIONS TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning Board (PB), meeting as the Local Planning Agency, on April 18, 2024, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3r1 AVE, Rm 200, Okeechobee, FL, to consider and receive input on Application No. 23 -002 -TA, amending the Code of Ordinances, Subpart B, Land Development Regulations (LDR's). submitted by City Staff. The public and interested parties are invited to attend and be heard and may submit written/oral comments before or at the Hearing. This is a third review of the Application that proposes to amend Chapter 78. Development Standards. Article IV, Stormwater Management, to reflect changes in the State stormwater management regulations. The PB rendered a recommendation at the May 18, 2023 and September 21, 2023 meetings. Before the Application was submitted to the City Council, additional changes were needed, requiring the Application to be reconsidered by the PB. The Application can be inspected/viewed at the address above in Room 101, during regular business hours. Mon -Fri. 8 AM -4:30 PM except for holidays, contact General Services staff at 863-763-9824. It will be posted online one week prior to the meeting date. with the PB agenda materials on the City website at https://www.cityofokeechoee.com/AgendaMinutes-PIanningBoard.htm1. A recommendation to approve or deny Application No. 23 -002 -TA will be forwarded by Ordinance to the City Council for first reading tentatively scheduled for 6 PM on May 7, 2024, at the address above. A SECOND PUBLIC HEARING to consider adopting the proposed Ordinance will be held before the City Council tentatively scheduled for 6 PM on Jurie 4, 2U24, corrected fror May 21, 2024, at the address provided above. 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: Ben Smith, City Planning Consultant BB/Website Notice Posted: 4/11/24. SM Event Posted: 4/11/24 PUBLIC MEETING NOTICE LAND DEVELOPMENT REGULATIONS TEXT AMFNDMENT FILE COPY NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning Board (PB), meeting as the Local Planning Agency, on April 18, 2024, 6 PM, or as soon thereafter as possible. at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL, to consider and receive input on Application No. 23 -002 -TA, amending the Code of Ordinances, Subpart B, Land Development Regulations (LDR's), submitted by City Staff. The public and interested parties are invited to attend and be heard and may submit written/oral comments before or at the Hearing. This is a third review of the Application that proposes to amend Chapter 78, Development Standards, Article IV, Stormwater Management, to reflect changes in the State stormwater management regulations. The PB rendered a recommendation at the May 18, 2023 and September 21, 2023 meetings. Before the Application was submitted to the City Council, additional changes were needed, requiring the Application to be reconsidered by the PB. The Application can be inspected/viewed at the address above in Room 101, during regular business hours, Mon -Fri, 8 AM -4:30 PM except for holidays. contact General Services staff at 863-763-9824. It will be posted online one week prior to the meeting date, with the PB agenda materials on the City website at https://www.cityofokeechoee.com/AgendaMinutes-PlanningBoard.html. A recommendation to approve or deny Application No. 23 -002 -TA will be forwarded by Ordinance to the City Council for first reading tentatively scheduled for 6 PM on May 7, 2024, at the address above. A SECOND PUBLIC HEARING to consider adopting the proposed Ordinance will be held before the City Council tentatively scheduled for 6 PM on May 21, 2024, at the address provided above. 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. )NE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS 'OSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By: Ben Smith, City Planning Consultant BBM/ebsite Notice Posted: 412124. SM Event Posted 412124 INDEPENDENT NEWSMEDIA 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 04/03/24. 04/10/24 (Print Dates) or by publication on the newspaper's website, if authorized, on 04/03/24. 04/04/24, 04/05/24, 04/06/24, 04/07/24, 04/08/24, 04/09/24. 04/10/24 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. 5- - Katrina EIsken Muros Sworn to and subscribed before me by means of Physical Presence [X Online Notarization physicalpresence or online notarization, this 10th day of April, 2024. •� `._ 61; _;ty1,t:35tNYNH ti9'so } :a sxF c-. Yah F =+ • ? • is �_' -'� (Signature of Notary Public) STAMP OF NOTARY PUBLIC FILE COPY Z -bU -1 Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 QTY OF OKEECHOBEE PUBLIC NOTICE LAND DEVELOPMENT REGULATION TDR AMENDMENT NOTME 5 FAY GIVEN M a PUBLIC FEARING wiz be held blue Ue Cly d O B0 (PBS rrr�rg as the tLvl Pmrng pgaty on Apt 19, 2024, 6 a as soon Uawro as posvtie, at QY FBI, 55 SE 3rd AVE Ron 200, G¢e}bbe4 R, to u adel a d reao-t r+pLt on Appkabon Na 2R3a-OQ2-TuA,samerxY�g Ue Cnde d QcBe res, 9 a, and Yrteaested paw are tirEeQtn amend a� Q, M. and Prey suxn1twrftw) nEoommerf,bdae oratthe Hewhg. This s a ftd ie iw of the AppicaUm Ue[ prcpotes U> award 76, EkeAloprrat 9adm% Node N, 537rrtwreta t4aregairat, to rdlacS dagts n Ue start 54�nvela rr�r�ager�st re}latlara The PB retched a amrm sdabon at t e May 18, 2023 and Seplenba 21, 2023 rne�rgs Bdae the PtafmUon was sbntmd to the Oty Cmd, adMord derges was .r regurg the Appiatonm be reont9dacf W the PB, Tie Ap{iati7n mn n R7om 101, dltg regUar Gatre$ hws, MurFri,aAM4:30 PM e¢rp[fv rnidays, osr tpar�s Gencal SeN�s staff at 863-7639929. II wi be ake ore week r�s/Mnwvmaettg PBB w at A rear.ra,dabon m appappr �a deM AF[��g wd warded by Q6aa m the Cnad for ASt Rx 6 PM on May 7, 2324, at ft addm$ abo e. A SECOND PUBLIC FEARING to mrsder adophg de proposed Orb nwce vd be held before the Oty Card tertaU.eFy shedtted far 6 PM on May 21, 2024, atUe adhes presided abos BE ADVISED ttet sttaYt yes, ntmd m Sion art,' manat, PdIM �, abarsto the PB it stypat uogposTim m ary tem on Ueagada, a avid de do wnrl Pie Hdao, a tem mR be to the Board San3ay for dte OlyS remds ANY PEL90N OD 9Tp APPEAL ary deign nude W the PB wCt reed o) arty rtalffi mrsilaed at r16 nersig wt reef m Bare a se�lYn ranrd d the prop k rtede and Ue read nAdes the i�stxray and evidence �qon wtrrh ft appeal Mbe basad. In amad.. the Ammar. wih Oisat�es ACL persons w#i disahiGes reaAq acmmrodatm to nac pprroomedirrgg stnttd mtmd the Gaeal Sawoes CMM n past a m1863-753-9@4, FH1��rrgg rrt{viW: Florida try 7.1-1 rolater Uun tar bsres days pnorto pdme7rg. B/ Ben SrrM 4y Ptan:g Casten, Na 23-002 TA 645343LON V3,1Q2024 PUBLIC MEETINGS NOTICE PLANNING BOARD MEETINGS 2024 -=iLE COPY A_3_Goa-T� NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board (PB) will hold regular meetings on the third Thursday of each month, at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Room 200, Okeechobee, FL. Some items before the PB are conducted as a QUASI-JUDICIAL PUBLIC HEARING. The public is invited to attend and be heard on all matters. The regular meeting schedule for 2024 is as follows: January 18, 2024 April 18, 2024 July 18, 2024 October 17, 2024 February 15, 2024 May 16, 2024 August 15, 2024 November 21, 2024 March 21, 2024 June 20, 2024 September 19, 2024 December 19, 2024 The agenda will be posted one week prior to the meeting date and may be viewed/downloaded from https://www.cityofokeechobee.com/AgendaMinutes-BoardofAd justment.html or in the General Services Department at the address above, Room 101. A meeting may be canceled if there are no items for consideration. For further information on a particular meeting, contact General Services Staff at 863-763-9824. 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 KffiebsiteNotice Posted12122,23 INDEPENDENT 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 12/27/23 (Print Dates) or by publication on the newspaper's website, if authorized, on 12/27/23. 12/28/23. 12/29/23. 12/30/23,12/31/23, 01/01/24, 01/02/24. 01/03/24 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrina Elsken Micros Sworn to and subscribed before me by means of E] Physical Presence QX Online Notarization physical Presence or online notarization, this 27th day of December. 2023. SUE WAV { }tom ►.H: ,;;��hr-55:CN�NM 139'7 �• y _�,_? -•cn �h i"lam -.� ttt (Signature of Notary Public) STAMP OF NOTARY PUBLIC FILE vvr t MN -M Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 -- - CITY OF oKEECHoag PUBLIC NOTICE PLANNING BOARD MEEnm SCHEDULE NOTICE S HEREBY G[VBI that de d Olaeadnhee Ptarrig Bt�d (PB) wi tttl rrt�rcy m the Thu�ry d eadr trmlh at 6 PPMM a as mon as ptsstie. at CLY Hal 55 SE aid AVE Rrn 200, Clamh bm.RThe pdk is rn.R9d td arced ar�be heard on ah stIms The tegt$ n aeb g Stalk tdr 2024 6 as tows: JatBry 1$ 2024 f�GnBry ls, zoz4 M'id7 21 XI24 Apra 18, 2024 may 16, 2024 Jute 20, f(R4 1<b S, 2024 AugtR 15, 2024 Septa. be 19, 2024 QSoher 17, 2d0VW024 Nderbe• 21, 2024 Dom, be 19, 2024 vTehve�ageda Dai be p= one wait pnor m the � date Pa9ida��[:be rd, vi GenandWl ftraddessr a= � rt,uc rY� m o� e�are no termfor wadeMrWCffVrAsffViM W1863.763 -W4. BE ADVISED det ftW Ya irktd to stow arry dxuTat, pdve, vdm, ==—Ort, Le�Oo the PB h s{�ort vdppostlm b ary to ftayppa�d�a, a mpyd therYranM, pithiq wdeo, r r Len m8 be praHdal m thel3aaE Smeary R7r the atys ,em ANY PERSON DB®DIG TO APPEAL ay da19m nede by the PB wth ell m any (rade—sLiea•1 A ttffi naiig 4 reed m Bare a w9hYYn read of the ig 6 nede ad the moord idtdes Cre try and a idmx ip�rt wf. thLAct. pw�, ba9ed. In W® wih de Anraitans m L15abities rrg tDI dfdpate in acr cal 7,fi63p-rirmamiFr{ggsixk m#aI Fb Reby 7-1.1 no Mer den b�tr bLs days por hr poma3'rg � OPE OR MORE QTY OF OtEEOHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETIN& THIS NOTICE S POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAM Br OWPesm Dawn H07.s 630219 CDN 12/27!2023 City of Okeechobee Date _Lp4d Petition No.�3_W�_TN General Services Department Fee Paid: Jurisdiction:(! 55 S.E. 3`d Avenue, Room 101 15 Hearing: -j 2 nd Hearing:st Okeechobee, Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 publication Dates: y ra 3 Notices Mailed: Fax: (863) 763-1686 kc ET' �'J'-'_. 111�'I"'/� �">P,ht1r'-iC ('Py "IJ.)iJ). - cm APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: 6 Kce( 'lb 2 Mailing address: SE 3( C R 34V q 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? Yes No If yes, provide address(es) 5 Do you own nonresidential property within the City? Yes No If yes, provide address(es) 6 REQUEST INFORMATION Request is for: () Text change to an existing section of the LDRs �) Addition of a permitted use Deletion of a permitted use 7 () Addition of a special exception use () Deletion of a special exception use (_) Addition of an accessory use () Deletion of an accessory use Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and additions in underline format. (This description may be provided on separate sheets if necess ry.) Ne proP rid 6)rj)_na,ieC kio. IdJ5 ,►�, fa(- 0-AVAf t'6" 8 LDR Amendment Application Pagel of 3 9 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.) REQUIRED ATTACHMENTS Non-refundable application fee of $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges - 10 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. Confirmation of Information Accuracy 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 Nazne 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