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2007-09-20 I CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 20, 2007 SUMMARY OF BOARD ACTION 215 PAGE 1 OF 5 I. CALL TO ORDER - Chairperson. Planning Board/Board or Adjustment and Appeals, September 20,2007,6:00 p.m. Chairperson Ledterd called to order the September 20, 2007 Planning Board/Board ot Adjustment and Appeals at 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Clement called the roll: I Chairperson William Ledferd Vice-Chairperson Dawn Hoover Agency Member Terry Burroughs Agency Member Kenneth Keller Agency Member Devin Maxwell Agency Member Douglas McCoy Agency Member Carol Johns Alternate Member Epitanio Juarez Alternate Member Mike O'Connor Attorney John R. Cook Planning Consultant Bill Brisson Secretary Betty Clement III. MINUTES - Secretary. Present Present Present Present Present Present Present Present Present Present Present Present A. Motion to dispense with the reading and approve the Summary of Board Board Member McCoy motioned to dispense with the reading and approve the Summary of Board Action tor the August 16, Action tor the August 16, 2007 regular meeting. 2007 Regular Meeting; seconded by Vice Chair Hoover. I LEDFERD-YEA BURROUGHS-YEA MCCOY-YEA VOTE HOOVER-YEA JOHNS-YEA MOTION CARRIED. KELLER - YEA MAXWELL - YEA 2 SEPTEMBER 20, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS- PAGE 2 OF 5 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's Chairperson Ledterd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. V. NEW BUSINESS - Chairperson. A. Consider and discuss requests for amendments to the City's Land Development Consider and discuss requests for amendments to the City's Land Development Regulations. Regulations - Chairperson. 1. Consider a request to amend Division 5 Signs - Planning Consultant. Consider a request to amend Division 5, Signs. Mr. Cook addressed the Planning Board regarding Ordinance No. 994, Division 5 Signs. He stated this ordinance was developed from a city who recently went through a federal lawsuit over billboards, which often happens, and added a few things to address the City of Okeechobee. When the Ordinance was presented to City Council last month, some of the councilmen said it was to complicated and it regulates to many areas, send it back to the zoning board. Mr. Cook is unsure what the City Council is looking for. After some discussion it was decided to request a workshop with the City Council for direction. 2. Consider a request to amend LOR's Sec. 78-71. Required for all developments - Planning Consultant. Deletions are denoted by strikeout and additions and/or changes areil€lfitil~~lllijltll\lrl~t~~. memorandum from LaRue Planning.) Mr. Brisson explained there is a requirement for lighting in areas along the roadways and parking lots and such in another section of the code book, but there is no standard. This suggestion comes from other communities, typically in parking lots and areas of that nature. The use is one horizontal foot candle. Board Member Burroughs expressed concern of crime in unlit areas. Board Member McCoy said he did not feel the minimum of one horizontal foot candle would be light enough. SEPTEMBER 20, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS. PAGE ~ 1 7 I V. NEW BUSINESS CONTINUED. 2. Consider a request to amend LOR's Sec. 78-71. Required for all developments continued. Board Member Maxwell made a motion that the Board recommend to City Council to amend LOR Sec. 78-71 to amend sub- section (a)(5) as presented by the August 22,2007 memorandum from the Planner; seconded by Board Member Burroughs. LEDFERD.YEA BURROUGHS. YEA MCCOY.NAY VOTE HOOVER-YEA JOHNS-YEA MOTION CARRIED. KELLER'. YEA MAXWELL - YEA Discussion and vote to tollow request to amend LOR's item 3., 4., 5., and 6. Deletions are Discussion and vote to follow request to amend LOR's item 3., 4., 5., and 6. denoted by strikeout and additions and/or changes are underlined and highlighted. 4. Consider a request to amend LOR's Sec. 90-533. Nonresidential tree Consider a request to amend LOR's Sec. 90-533. Nonresidential tree and shrub plal'lting and shrub planting - Planning Consultant 3. Consider a request to amend LOR's Sec. 90-532. Residential tree planting - Planning Consultant. I I Consider a request to amend LOR's Sec. 90-532. nesidential tree planting. Change to .1I,flll_III' Eliminate the following sentence that reads: The tollowiflg are the number of trees required in the enumerated residential districts: Add: Following are requirements for the planting of trees and shrubs associated with development undertaken throughout the city. Landscaping material required under this section may be used to satisfy the requirements for landscapinQ in parking and vehicular use areas (Sec. 90-533) and in landscape buffer areas (Sec. 90-534). standards tor landscape materials listed under parking area and landscape buffer planting standards. liKfiv19001 single"family'aa,(t~dulf(~~isituctures Multiple-family one bedroom Multiple-family two to four bedrooms Mobile home park or subdivision Adult-assisted living tacilities, nursing home Ifliit:I.it$$ N(),;r~.iilll' Two trees per dwelling Three trees per dwelling Two trees per dwelling One tree er two units or bedrooms LaRue Plannin recommends eliminating the entire section as written, and add Sec. 90-533 2 IV. NEW BUSINESS CONTINUED. 4. Consider a request to amend LOR's Sec. 90-533. Nonresidential tree and shrub planting continued. 5. Consider a request to amend LOR's Sec. 90-534. Nonresidential parking area - Planning Consultant 6. Consider a request to amend LOR's Division 3. OFF-STREET PARKING AND LOADING* Sec. 90-511. Design standards - Planning Consultant. SEPTEMBER 20, 2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS. PAGE 4 OF 5 Consider a request to amend LOR's Sec. 90-534. Nonresidential parking area. It is th~ r~com~~ndation of LaRue Planning to eliminate this section as written and change to read Sec. 90-534. _II -- Nonresidential landscape buffer areas shall be required within required setbacks and landscaped as tollows: The remainder of what is currently headed Sec. 90-535 that is to become Sec. 90-534, (1), (2), (3), and (4) stays the same. Consider a request to amend LOR's Division 3. OFF-STREET PARKING AND LOADING* Sec. 90-511. Design standards During a recent Technical Review Committee (TRC) meeting it was noted that people drive large vehicles in Okeechobee and that a ten-foot wide space is preferable to a nine-foot wide space. Since Sec. 90-511 states that required off-street parking spaces shall be a minimum of nine feet wide, perhaps this should be changed to ten feet. Another possibility is to reduce the width of a one-way drive aisle for angled parking of 60 degrees or less from 20 feet to 16 feet. This could reduce the extent of impervious surface coverage while still providing for adequate maneuverability and circulation when one-way drives are used. The specitic code changes would be as follows: Sec. 90-511 (b) Parking space size. The minimum parking space shall be ftffle II feet wide by 20 feet long; handicapped shall be as defined by state handicap code accessibility. ( c) stays the same. (d) Parki~~_access driveway width. (1) stays the salll^~0(2) For all other u~,;~: the minimum driveway width shall be: a. no changes b.' '". . .' . " ." ' " "~"<it~ c. Parking spaces any other an Ie to the drivewa ,29. feet. 1), (2), (3) sta the same I SEPTEMBER 20,2007 PLANNING BOARD/BoARD OF ADJUSTMENT AND ApPEALS. PAGE ~F 9 IV. NEW BUSINESS CONTINUED. Items 3, 4, 5, and 6 LDR amendments continued. Consider a request to amend LOR's Sec. 90-534. Nonresidential parking area. It is the recommendation of LaRue Planning to eliminate this section as written and change to read Sec. 90-534.rr.. f~.""'...'.'.'.."....."I"..'K.'..'._ !ltWl.. N."._'..................... ~;~I~ Nomesidefltiallandscape buffer areas shall be required within required setbacks and landscaped as follows: The remainder of what is currently headed Sec. 90-535 that is to become Sec. 90-534 stays the same. Mr. Brisson stated that the LOR amendments are listed separately, but are related. It was decided that they would be grouped and voted on as one motion and one vote. I Board Member Burroughs moved to recommend to City Council to amend the LOR's Sec. 90-532 and Sec. 90-533, with the exception of the first paragraph as outlined in the Planner's memorandum dated August 22, 2007 to have eight or more parking spaces or an area of 2,400 square feet, whichever is greater, Sec. 90-54 and Sec. 90-511 with the exception of item b, leaving it at nine teet versus ten feet; seconded by Vice Chair Hoover. LEDFERD-YEA BURROUGHS-YEA MCCOY-YEA VOTE HOOVER-ABSENT JOHNS-ABSENT MOTION CARRIED. KELLER - YEA MAXWELL - YEA V. ADJOURNMENT - Chairperson. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:57 p.m. PLEASE TAKE NonCE AND BE ADVISED that if any person desires to appeal ar.t decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to tim record 01 the proceedings is made, which record includes the testimony and evidence upon which ihe 1peal is to be based. General' are'for the sole purpose of backup lor official records of the Depertment. I ,i. '.) . {i I ATTEST: ./ Chairperson William Ledferd V Vice-Chairperson Dawn Hoover t/ Board Member Terry Burroughs V Board Member Kenneth Keller V Board Member Devin Maxwell V Board Member Douglas McCoy V Board Member Carol Johns V Alternate Epifanio Jurarez / Alternate Mike O'Connor V Senior Planner Brisson / Attorney John R. Cook V Secretary Betty Clement V CITY OF OKEECHOBEE - SEPTEMBER 20, 2007 - PLANNING BOARD/BOARD OF ADJUSTMENTS AND APPEALS HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: September 20.2007. Planning Board/Board of Adjustment and Appeals Regular Meetina 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary Present Absent III. MINUTES. Secretary A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the August 16, 2007, regular meeting. MOTION: Board Member~ moved to dispense with the reading and approve the Summary of Agency Action for the PAGE -1- Auaust 16, 2007 re~ ular eeting; seconded bv Board Member .J."Liv J. ~ VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD \/ HOOVER ex BURROUGHS X KELLER Y--. MAXWELL X MCCOY Y JOHNS I Y JURAREZ \'./ ,x' O'CONNOR V "\ X RESULTS ( CARRIED ) DENIED I "- -. / PAGE -2- IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT (0: CO P.M. VI. NEW BUSINESS. Chairperson. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. 1. Consider a request to amend Division 5, Signs - Planning Consultant. DISCUSSION: lytB\-~~ 'A~C'C' W ~ ......, " PAGE -3- A- ~J~~o\~ W ~~'11=' .Qa.l-Lt~-'I\.u-J<-!:J....fl~~ W~- 0<>)U,)~~ ~ (1.41."-. -tlucJ- ~ llN~ . - ('~-\O""1olt- fjQ,~~ - ~~,..v\~ 4c1~ r"Q " ~ -I.-Jfv"r :9-~~ ~Ai4::t.L- ",QtOt~' J.A-.t?lA.rt~J~~- f I - U ' ~J-y't~. k ~-u-ol . 1 ~V>-~-QD"',*'1A~: ~c~ ~~~o:~mber ~~ro~Rr.;;;~~A~IN~ D~;'A~9: .3 presented; seconded by VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR RESULTS CARRIED DENIED I . - ---... . .---------- ...-.-.----- ~ . . -k~O-~ow~~v-Rr~ ~~ 'If \A)uJt - .' . '( ~ ~ ~v>[~~.u~e~ < )-1/~.}'f4\ +}-v<'-'- ~ ~ O'~- c>..-C---~ ~ ~i'~ - Vcr\,'''2>~ ~ 'PI'6 f1rODJ - -rY"i- ~vL--_~. u. ~ ~(JAL ~ (Mes\- ~~ ~_ 9,~-.9-w~cd-~~r SJ.L-~' PAGE -4- 2. Consider a request to amend LOR's Sec. 78-71. Required for all developments - Planning Consultant. DISCUSSION: ~ Vv-.\ 0<- ~~l~~~~e~. . ~~ -. -~: .~- .-' Qct-"ff'a::I '1\f "\-.. ~i: ('At ~. l~~iCt-~~~~"~~~lz~~r(\";) PAGE -5- MOTION: -"" .,.-____ As- M"7f ~~ m~c "'--0- Board Member ~ moved td-~pprov deny recommendation of request to amend LOR's Sec. 78-71. Required for all developments as presented; second'ed-ty: VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEOFERD y., HOOVER /.- BURROUGHS y. KELLER X MAXWELL :< MCCOY Y.. JOHNS Y.. JURAREZ I- O'CONNOR /~ X" I / I RESULTS , CARRIED \ DENIED 1 T \ \ PAGE -6- 3. Consider a request to amend LOR's Sec. 90-532. Required landscaping - Planning Consultant. .... J.oJ ~'1^-O~- ~-L90 \?" - &uw lV-<ff 0. w"^t:s ~ Il.k t-'* PI: ~ -l'\ov.t:L\ ""''^~ ~~~~,hk"''''A..Lo _ Ni'- ~~ L~~-\=-.j L:. o.~ ~_~_. ~ ~D ~.~... )~~ ~ ~. " . "-- - - '. 'S6...<< " t , ,- ~~- :t:~_o\- ~~.. . $~:~~- . ~"n:r0l:i~~ f- - v,shu{ 1, i)6~H ~ - ~~ '\0 b- ~ S~fl-JlJ~ . ~~tV:;;.IV~b~~~' -w~~~~. _~ =---~~ .0-.'. c~ _f7.. ' ~~~;~ . _ \uA.l,~ ~ ~ (l~ 7 ~& ~'uf~~-tr.~~ - ~~~ "C~1b Page-7- i.u- ~ ~h -'lJ~ ~ .~ tM:L.-' u) [) wMJ ~C~~ . " - ~~~~~~~~M 2 ~1>J~kA\-D ~t - \\;oi~ LPR'S - S~n ~~- ~21fui} ) ~~~ uJfu~ 6~c-? J 0/11 ~ Q lH'JiO(~ MOTION: 9 o~ 533 vl-1 J) {~~. ~ Board Member ~~f"cmoved to approvelQeny recommendation of request to amend LOR's Sec. 90-532. ~ Required landscaping as presented; seconded by~. 25 c\. Y)-'. C\.-L. 90 >3'/ "t ~o 511 d-v""'l.t:<<:.. - - ~77_ <=; VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD V HOOVER '>( BURROUGHS x: KELLER ~ MAXWELL '< MCCOY X JOHNS '< '< JURAREZ < O'CONNOR - ~ """"'- RESULTS / CARRIED ) DENIED I "--.. .---- -- - 4. Consider a request to amend LOR's Sec. 90-533. Landscaping requirements for parking and vehicular areas - Planning Consultant. Page-a- use DISCUSSION: f' I<~) e-~ Page-9- MOTION: Board Member moved to approve/deny recommendation of request to amend LOR's Sec. 90-533. Landscaping requirements tor parking and vehicular use areas as presented; seconded by VOTE YEA NAY ABSTAIN ABSENT NON VOTING MBR LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR RESULTS CARRIED DENIED Page -10- 5. Consider a request to amend LOR's Sec. 90-534. Required landscaped buffer areas - Planning Consultant. Discussion ~~ ~ ~~?f - Q~'~~ ,~A-~ \C)~l~ - $-tJ - \ 0 ~ d.-O --( Q ) O.-.A \ ~ ~ /V\~ 0 .Q f1 (0 ~_.L/.1 --' q 'i'--' 'is ']\~ 6L--] ~~ ~-l m,>( d...O~ , ~~~~f~~~:- ~~ o~-'-- ,'YY\())~ +,~'I. - 'V-<.....J- .)..0 ~<L-^=i~ Cu~t;, ,~-~ 4 rvJtV~'~fA(~S vs 10' Page-11- Board Member MOTION: moved to approve/deny recommendation of request to amend LOR's Sec. 90-534. Required landscaped buffer areas as presented; seconded by VOTE YEA NAY ABSTAIN ABSENT NON VOTING MBR LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR RESULTS CARRIED I DENIED I Page-12- 6. Consider a request to amend LOR's Sec. 90-511. Parking standards - Planning Consultant. Discussion: i~cDll",j rl- 1\~a1L Page -13- MOTION: Board Member moved to approve/deny recommendation of request to amend LOR's Sec. 90-511. Parking standards as presented; seconded by VOTE YEA NAY ABSTAIN ABSENT Non Voting Mbr LEDFERD HOOVER BURROUGHS KELLER MAXWELL MCCOY JOHNS JURAREZ O'CONNOR RESULTS CARRIED DENIED I VII. ADJOURNMENT - Chairperson. ,-- VII. CHAIRPERSON LEDFERD ADJOURNED THE MEETING AT ? ~ I) P.M. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. ~)o Ner1 rORGfT To Q"CTOt-F/Cf.4L }1ltJUTLS S{~AXD / , ! 1/ \ ;tdy~ f .. . - L:~ ~ /JocUJ;( . ~-t~. ;1(;. 0-~0fJ CJw-4. p~ . ~ \~~~~ l {W:Y; ~-- ,! . /P , .0 (II" J+Jf'--c1 f r-~~ c/o (D~ (fA ~y)V,/o I U l\itM f~a ~ ~ . CITY OF OKEECHOBEE PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS MEETING SEPTEMBER 20, 2007 OFFICIAL AGENDA PAGE 1 oF2 I. CALL TO ORDER: Planning Board/Board of Adjustment and Appeals, September 20, 2007, 6:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson William Ledferd Vice-Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Devin Maxwell Board Member Douglas McCoy Board Member Carol Johns Alternate Epifanio Juarez Alternate Mike O'Connor Attorney John R. Cook Senior City Planner Bill Brisson General Services Secretary Betty Clement III. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the August 16, 2007, regular meeting. IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. SEPTEMBER 20,2007 - PB/BOA AGENDA - PAGE 2 OF 2 .. VI. NEW BUSINESS - Chairperson. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. 1. Consider a request to amend Division 5, Signs - Planning Consultant. 2. Consider a request to amend LOR's Sec. 78-71. Required tor all developments - Planning Consultant. 3. Consider a request to amend LOR's Sec. 90-532. Required landscaping - Planning Consultant. 4. Consider a request to amend LOR's Sec. 90-533. Landscaping requirements for parking and vehicular use area - Planning Consultant 5. Consider a request to amend LOR's Sec. 90-534. Required landscaped buffer areas - Planning Consultant 6. Consider a request to amend LOR's Sec. 90-511. Parking standards - Planning Consultant. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. .,1, , ORDINANCE NO. 994 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR A COMPREHENSIVE AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716; DIVISION 5 THEREOF, FROM SECTIONS 90-561 THROUGH 90-600; PROVIDING FOR RESCISSION OF THESE SECTIONS IN THEIR ENTIRETY; PROVIDING FOR CREATION OF DIVISION 5 SIGN ORDINANCE; PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING FOR REGULATION OF SIGNAGE AS PROVIDED HEREIN; SETTING FORTH DEFINITIONS; REQUIREMENT OF PERMIT AND MAINTENANCE; PROVIDING FOR EXEMPT AND PROHIBITED SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SIGNS IN COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING-FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has a legitimate public interest in the regulation of signs within the City, to provide to the public a uniform sign regulation that preserves the aesthetics within the City and protects the health, welfare and safety of its citizens; and adequately displays commercial message; and WHEREAS, the existing sign ordinance does not present a comprehensive regulation of signage within the City, and due to the evolution of sign regulations since the enacting of the original ordinance, by virtue of litigation and enactment of more comprehensive and innovative ordinances by other municipalities, it is necessary to totally redraft such regulations for the City of Okeechobee; and WHEREAS it is appropriate to set forth the purpose and intent of the ordinance within the Land Development Regulations to illustrate the basis and reasoning for enactment of such regulations. NOW, THEREFORE, be it ordained by 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: Section 1. That the City Council for the City of Okeechobee, Florida enacts herein Article IV, Supplementary District Regulations, Division 5, as follows: DIVISION 5. SIGNS. Section. 90-561. Purpose and intent. It is widely recognized that the City of Okeechobee is a predominantly rural community, with reputation as an area comprised of agricultural uses, along with residential and light commercial activities. The City has traditionally permitted advertisement within the City, appropriate to the use or purpose, while attempting to preserve and maintain the natural look and character of the City as a quiet and visitor-friendly community for those wishing to enjoy the atmosphere of a small town. The City Council recognizes that there are various persons and entities that have an interest in communicating with the public through the use of signs that serve to identify businesses and services, residences and neighborhoods, and also to provide for expression of opinion. The Council is also responsible for furthering the City's obligation to its residents and visitors to maintain a safe and aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or hazards for pedestrian and vehicles; where signs do not adversely impact the predominantly residential character of the City, and where signs do not conflict with the natural and scenic qualities of the City. It is the intent of the City Page 1 of 15 Building sign means a type of permanent sign displayed upon or attached to any part of the exterior of the building, including walls, windows, doors, parapets, marquees, and roof slopes of 45 degrees or steeper. Clear visibility triangle means on a corner lot, the triangle of land formed by a straight line connecting two points located on, and 35 feet from, the intersection of the two street property lines. Facade means that area of a building within a two-dimensional geometric figure coinciding with the outer edges of the walls, windows, doors, parapets, marquees, and roof slopes greater than 45 degrees of a building which is owned by or under lease to a single occupant. Freestanding sign means any sign, which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding sign includes pole sign, pylon sign, ground sign or monument sign or "sandwich sign." Geometric shape means any of the following geometric shapes used to determine sign area: square, rectangle, parallelogram, triangle, circle or semicircle. Home occupation means a business, profession, or trade conducted within a dwelling for financial gain by an occupant of the dwelling. Illuminated sign means any sign which contains a source of light or which is designed or arranged to reflect light form an artificial source including indirect lighting, neon, incandescent lights, backlighting, and also shall include signs with reflector that depend upon motor vehicle headlights for an image. Occupant means any single commercial use (any use other than residential). Off-premises sign means a freestanding permanent sign that is located at a site other than on location of the principal business, which are permitted for placement as directional signs only on commercial or industrial zoned property. Mural means a rendition permitted under Section 90-566 of this division and as defined therein. Permanent sign means any sign, which is designed, constructed, and intended for more than short term use, including freestanding signs and building signs. Roof line means a horizontal line intersecting the highest point or points of a roof. Roof sign means a sign placed above the roof line of a building or on or against a roof slope of less than 45 degrees. Sign means any identification, description, illustration or devise illuminated or non- illuminated which is visible from any outdoor place or location, open to the public and which directs attention to a product, service, place, activity, person, institution, or business thereof, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard, designed to advertise, identify, or convey information with the exception of customary window displays, official public notices and court markers required by Federal, State or local regulations; also excepting newspapers, leaflets and books intended for individual distribution to members of the pubic, attire that is being worn, badges, and similar personal gear. Sign shall also include all outdoor advertising displays as described within Section 31081.1 Florida Building Code, and all signs shall conform to the requirements of Section 3108 of the Florida Building Code. The term shall exclude architectural features or part not intended to communicate information. Sign area means the area within the smallest regular geometric shape which contains the entire sign copy, but not including any supporting framework, braces or supports. Page 3 of 15 (b) Lettering only, for the purpose of providing ownership, licensing and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, with letters not exceeding three inches in height, and limited to a maximum of two square feet. (c) Signs within a building that are not visible from the exterior of the building. This shall not include window signs affixed to the interior of windows, which are visible from the exterior. (d) Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into the masonry surface or when constructed of bronze or other similar metallic materials. (e) Professional nameplates for physicians, surgeons, dentists, lawyers, architects, teachers and other like professional persons placed on the premises occupied by the person, not exceeding one square foot in sign face area, provided such professional has a valid business license as may be required for the particular profession to be operated on those premises. (f) Signs denoting only the name and profession of an occupant of a building, placed flat against the exterior surface of the building and not exceeding three square feet in sign face area, and provided such occupant has a valid business license as may be required to operate on those premises. (g) Holiday decorations, provided that such decorations are removed within 30 days of the particular day being celebrated. (h) Construction signs located on a parcel being developed, for the time period of the building permit, or one year, whichever is shorter, and the sign shall not exceed 32 square feet. (i) On-site directional and traffic control signs of no more than four square feet of sign face, and providing that business logos or other non-traffic control symbols do not exceed 25 percent of total sign face area. (2) Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirements to obtain a sign permit, so long as they are not considered prohibited signs as set forth herein. (a) Not more than one real estate sign advertising the sale, rental or lease of the premises upon which the sign is located. Such signs shall not exceed six square feet in area, and four feet in height. (b) Signs noting the architect, engineer or contractor for a development or project when placed upon work under construction, providing the. sign be removed within 15 days of issuance of certificate of occupancy. Such signs shall not exceed 32 square feet in area, and six feet in height. (c) Signs as required by law to display building permits or other similar public notices. (d) Traffic signs, street name signs, legal notices of public meetings or zoning/land use change, danger signs and temporary emergency, when erected by City, County, State or Federal agencies. (e) No trespassing and private property signs not exceeding two square feet in area. Page 5 of 15 (11) Signs or sign structures that interfere with the use of any fire escape, emergency exit or standpipe. (12) Non-governmental signs that use the words "stop", "look", "danger" or similar word or phrase. (13) Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public rights-of-way, including sidewalks. (14) Signs within 10 feet of a public right-of-way, or within 100 feet of a traffic light, which contain green or red lights, that might be confused with traffic control devises. (15) Search or spot lights used to advertise or promote a business or event, or to attract customers to the location. (16) Signs erected on public property without the permission of the appropriate public authority, other than signs erected by public authority for public purposes, and signs authorized in writing pursuant to Florida Statute 337.407. (17) Signs erected over or across any public street, on public rights-of-way, or in any public parks, except those that the City would permit for temporary or charitable civic functions, such as, including, but not limited to, church events, Cattlemen's Rodeo, Speckled Perch Festival, holiday parades, Chamber of Commerce events, and the like, as approved by the appropriate City Department. (18) Portable signs, including but not limited to, those inserted or fastened to the ground by stake orwires, similar to a political sign; signs mounted on a trailer or towable frame typically surrounded by flashing lights and an arrow with sign display area. (19) Roof signs, as defined in this division. (20) Signs placed, erected or posted on trees, telephone or utility poles, lampposts, hydrants, fences, or any public building, or within the public park. (21) Billboards, as defined in this division. (22) Signs or posters covering the windows and doors of an establishment in such number and location so as to obscure ones vision into the business, as provided by Florida Statute. (23) Snipe signs, as defined in this division. (24) Signs placed on benches, bus shelters, or waste receptacles except as may be authorized in writing pursuant to Florida Statute 337.407. (25) Signs or commercial displays on motor vehicles, trailers, boats, or other transportable devise in a sign area in excess of 10 square feet total, when such vehicle, boat, trailer or devise is: (a) parked for a period in excess of 90 minutes within 100 feet of any park, municipal building, or right-of-way; and, (b) such is visible from a street right-of-way that the vehicle, boat, trailer or devise is within 100 feet of. (26) Off-premises signs in Public Use, all Residential, Commercial Business District, or Commercial Professional Office Zoning Districts. Section. 90-569. Sign area computation. (1) For freestanding signs, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the sign face. Page 7 of 15 (c) is removed within15 days after the issuance of the final certificate of occupancy is removed if construction is not initiated within 60 days after the message is displayed, or if construction is discontinued for a period of more than 60 days, pending initiation or continuation of construction activities. (d) (e) is not located on a public right-of-way. (6) Signs to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational or religious event or function, provided that the sign: (a) is located on the lot where the event will occur. (b) is not displayed more than two weeks prior to the event; and (c) is removed within three days after the event. (7) Permitted temporary signs shall not be counted as part of allowable area for freestanding or building signs. Section 90-571. Freestanding monument signs. Freestanding monument signs are permitted within all Commercial and Industrial Zoning Districts, provided that; (1) The sign area for each multiple occupancy complex and each occupant not located in a multiple occupancy complex in Heavy and Light Commercial Zoning Districts, shall not exceed 64 square feet in area, or eight feet in height. (2) No development shall have more than one freestanding monument sign. (3) They are located consistent with all applicable set back requirements and are not located in a public right-of-way. Section 90-572. Building Signs. (1) Building signs for buildings with a single business or occupant; (a) One square foot of sign face area for each linear foot of the building width that faces the front of the lot, provided that no single building sign on anyone side of a building shall exceed 60 square feet of sign face area (for example, if the width of the building facing the front of the lot is 50 feet wide, the maximum total sign face area for all building signs is 50 square feet. (b) Not more than three building signs shall be allowed on anyone side of a building. Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by Section (a) above. (2) Building signs for buildings with multiple businesses or occupants. (a) One square foot of sign face area for each linear foot of the unit occupied by one business or occupant, provided that no such building sign shall exceed 48 square feet of sign face area for anyone business (for example, if the width of a unit or several units occupied by one business is 24 feet, then one sign, a maximum of 24 square feet of sign face is permitted). (b) Building signs for different occupants shall be separated by a minimum distance of 36 inches. Page 9 of 15 this chapter, and shall also demonstrate a consistent theme and design with respect to each of the following: (a) Manner and type of construction, including materials to be used, installation method and mounting details. (b) Means of illumination, if any, and hours of illumination. (c) Size, color lettering and graphic style. (2) Signs for purposes of announcing a coming development project may be placed within all Commercial and Industrial Zoning Districts, subject to the following: (a) Issuance of a sign permit shall be required, and no such sign shall remain on any development parcel for a period of time exceeding one year from the issuance date of the permit. (b) Complete and proper applications for building permits for the related development project must be submitted within 60 days of the placement of any such sign, or the sign shall be removed. (c) Such sign shall be removed within 30 days of the issuance of any certificate of occupancy, or at any time when construction ceases for a period of time longer than 30 consecutive days. (d) Only one such sign shall be placed upon the development parcel, and shall not exceed the height or size as permitted by preceding section of this code. (3) Within non-residential zoning districts, one sign per lot or development parcel advertising the sale or lease of the property limited to eight feet in height and a maximum of 24 square feet of sign face area. A sign permit shall be required for such signs, and these signs shall be removed within 10 days of sale or lease of the property. (4) All businesses shall display the street number in a manner that is prominent and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed on all freestanding signs and over front doors or primary entryways. Section. 90-576. Entrance signs for subdivision, multi-family or PUD developments. Except for exempt signs as herein provided, signs within Residential or Mixed-Use Zoning Districts developed as a PUD, shall be limited to those set forth below. (1) For single family and multi-family residential subdivisions, and developments containing more than 10 building lots, where individual lots are accessed from a common internal roadway, one sign identifying the name of the subdivision or project shall be allowed at each entranceway from a collector or arterial street, not to exceed two signs. (a) Sign area shall not exceed 32 total square feet of sign face area. (b) Maximum sign height shall not exceed eight feet. (c) Any such sign shall be freestanding or monument style. Where more than one sign is allowed, each such sign erected shall be constructed and designed in the same manner. (d) These signs may be only externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the sign and shall not be directed towards any street or residential lot. Page 11 of 15 Section. 90-581. Design standards. (1) All freestanding signs shall be designed to resist a wind pressure of 20 pounds per square foot in any direction. (2) No building sign may project more than one foot from the building wall. Section. 90-582. Nonconforming signs. All signs which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by these provisions herein, shall be allowed to. remain in accordance with the following conditions: (1) Freestanding signs made nonconforming at the initial date of these amended regulations which are not in compliance only with respect to the minimum required distance of five feet from any property line shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right-of-way, or utility easement and that no interference with clear clearance distance exists, and further provided that such signs are otherwise in compliance with the terms of this code. (2) Freestanding signs made nonconforming at the initial date of these amended regulations, which are not in compliance with respect to maximum width, height or size shall be allowed to remain, provided that such signs are otherwise in compliance with the terms of this code. (3) Nonconforming signs, including those as described in Sections (1) and (2) above, shall be made conforming with all provisions of this code when any of the following changes are made: (a) Any change to the structural support or structural materials, including temporary relocation associated with routine maintenance of a property. (b) Any change which increases illumination. (c) Any change which increases the height of a sign. (d) Any change which alters the display area or face area by more than twenty five percent, or re-branding. (e) Any replacement required as the result of an accidental act or a weather related act. (f) Any replacement of an abandoned sign, defined as any sign not routinely maintained as required by this code. (g) Any change necessary for compliance with Florida Building Code requirements. (h) Any re-branding of a sign resulting from a change in franchise and/or business ownership. (4) The provisions of this Section shall not be construed to apply to signs that are abandoned, deteriorated, dilapidated, or in a general state of disrepair, or which are determined to create a hazard to public safety. (5) Notwithstanding the preceding provisions, all signs permitted within all Commercial and Residential Zoning Districts pursuant to this Section of the code, shall be made to conform with all applicable provisions of this code, and as amended hereafter, within 10 years of the initial effective date of these regulations, which shall be the second and final reading of the initial ordinance. Section. 90-583. Violation constitutes nuisance; abatement. Page 1 3 of 15 , , Sections. 90-587 through 90-600. Reserved. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. 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 4. Effective Date. This Ordinance shall take effect immediately upon its passage INTRODUCED for first reading and set for final public hearing on this 7th of August, 2007. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 21 9t day of August, 2007. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 1 5 of 15 v LARuE I>LA!\NING & MANAGEMf.!\T SERVICES, Inc. !;'7~ .l~h;b"1l \trl'd. "lIIk 206 I .'rt My ~'rs. I jpnJa ~ NO i .2 I\,~ ~ 2 ~'i -"' "t. L'66 . I, ,\ \.: L\ l) -,' ;t.h , X ,J l\lEMORANDtJl\'l \':~L~l ., "~H(} \; l ~ il ~ ; !l i..1. ! {I, 1;.1; l j I\j i;l Hn~:-,(il1 i<! p!"p\ hl'll chan!!<.'s 1" tlll' 1.1)( , in ,1ddJl:'111 t.' Ihl..' r~'l.:('n11..'Ilang",'i you n,:,:011l11ll.:ndt:d to tilt: ('it) ('oun!.:i) al :,\lur LIst ill!.:et!l1[C. J llllmher ,.( ullk'r tOpICS h,ne arisen that should be addressed ill th,,' I [)(' !'hl",.: 1','liCS fH1fll;lnlv il1\lll\l'llw Ileed to impn)\e the clar;t) oflhe rCt!.ubtj1lw, and ,,'r1,-Ull' Cilll'-ISk'IlC\ In tht'ir Implementation, LIGHTING STANDARDS '.~dil1n iX- 7j 111 '\rtlck HI. I 'tilili\:s. fequirl.'s tl1<l1 all de\'l..'k1pl1ll'llts provi,k lighlin,~ lor .;trl'ds, !,ar~ iIl~ and (lth.:r e0l111110ll areas. I !lm('\ cr. theft: are lW specific STandards in this :;,'Clioll Ilr l'l'it'\\hcn: lt1 the I.DC. We offer the folh,\\in!! standard lilr umsiderati(\1l h\ llll' ( i1\ ~t.(.. 7H-7J. RC<luired for all dc\e1opments. i a I ! hI: ["Iltn\ lng 1I1;lIti.:" an: re411in.:Jli'l' all Jt:velupmellts, ill \\ akr sllrrl~. lhe rub1it: water surpl~ shall 11... n:guired tilr re'ildelJ1ial Int,; of 7, :;O() sqll"re It:Cl \lr kss. (.:) 1. ire hydrants ( ~.! \\ ~lslt:\\ :111.'1' se\\ er ,~":r\ il.:c l,fl l:kctrici!:\ -;upph, (' I Jtglningtiw 'rtreeh,' pHfk+flg ttnd++t-fle.r,~1ffitHt-art'ib;,.\1 i (~lL-'?tl:<:'~ll';irk lLlg a rl: :lS., -;;,:r\ i.;',,' ... r\\'ld~:. ..l\_f.llt\.\~~-1.11!-,t.~:lhL:L-":S1.Il1Dl_~!J!_ u'ii.'.. ~~lC;Jj~r_ <!.rl,\l~;_~',l'.,:t) .1" l h:, T.:.ll, \i.~...,:llal LJ}{I~-"L__~l}lUllin!.ll.l!L( )L~:J1e__ t!.'.:t:.i.!( \ nlL1LE'-, 11~-,:a! j(HI,'l"~)\ \,C r {)!' .1I1illLi,d ii,ghtitlg [lghling, \\hell pr(l\idl'd:_~h;lIJ hC,ljin:'~'~t.'_lLa\\_,0.__jl.\Hn pt1b ii i,' "tI':'t:(;.!::;.. ;lJl,L J~'ii~I-,':nU_;~ Lal''''';!~ljI1~L;:h,illlJl~~Lb';..;U]i.l/;IL~L() r d,i::>.l 1'.I.,:t l,\.:n _ t, \ 11.1.< 'lnr j, 1:'Jl,:'l~,~JUlg,'l ~-;lrel:t.. I fl i l'ekphollV '>l'r\ ict' LANDSCAPING STANDARDS FOR PARKING LOTS \ h.,;' 1tl'': na~( :,1,\ 1l11'1llh,. \\C haH' (t>I11C 10 1'l'"li/l' that \\hen ODl' rl'k1'-, 1(, "rl'"idl'Dlwl i', . !,,\,li rl'.idciI!" Il"ualh 1'<:<111\ lll<:,lll"sjngt.:-!~lrnil:" and m<l:b<.: dupk'.L's: hUllh;:: .;id( ,n: 1Ill':/1! mldu..t:wl! h ,k'\ <.:topment I'hi" has I-->I..'..:n n1\1S1 apparenl in th\.' !ik!f1(,:Ut;,),] ;ti!\l ~rpli(~il'.\)n ..lbnJsc,!pint' le411il'\:nlcnr~ jtlr pmking and \chicular U"l~ ':L.I j '1\.' rc',l:!ri.ll!pl1> LtlnUll1l'd tn :-'Cl'lJoll!-. liO_) ~'2 thmul1h (}(l-"'3"J h;l\e hcell ,. h,"h..I,' 'ill':. l h,,'rcion:. \H: ofkr th..:' lollt>\\mg change.. It)r :Ollr .;,1 ",., 'Ill';;' l! H......Hit'ftttldtFfl.'1l'"ntjR~. 1~I:{.uircd landscaping. ; 4,. ,...lh",'-tfr,o: ctft:' .;..\tt>-Hffitth1:'f'-Hf-t~'-f'ei:fHH~-.tHfht'--~H:H'H1:'ffi1t...J fe-'THk>-Hlial 1 t+.....i-fl('..t-...,- I \df"\\lll~ ar\. i\:qlurL'I1H:nts lor Ih\.' plaming \)ftrces and shrub.. a-;s()eialed with ell..'\ \,:IOPllll..'l1! undcrtakt:n Ihrullghout The" l:it). Landscaping matcriai n:yuin.:d undl'! thh :>t'lIIOI1 may he used I,. salis!) thCl:L\E!_ir_t!}ll:l1_b..[0.!:J~iD,i<,c.~.Qlr!g HI j~L!rJ\ijl,gancj h'i, [CulM li~L' :Jt\.':I~ (\c" l!i).";;) ,Illd in ial1_d::-(.'<W.\::..b.!.lJl~!~i!fe'l?L~~L~iQ:;,,:l) ~duf(L '(Ir fttfH:h€~ffilttffHtI ; lijh:J ~~ng arca und-Iafldscape bufief'ilhtffi-tn'~: tandanL. !qd~\ ;)~L.d .:ill~\L..'~"L.JPlil~\ ~.11 it; .,d ~n?) L~\..~~Jr_~i,~ t ~r~ ~ ~"n rl'llulr~:rns;m \hllllpk-lamily ,me ",~dn.( III I IV'" tret:s per dwdlillg \lu!lrrk-!amily t~\() tll !iHlr bedr, ;om" lhrt.'e trt~l's pCI' dwdlin!C \.I,lbik hotHe park (If . slIh;Ji\;siol1 !--.--..- .-.....--..----------.....--1---..-------..-.--_____._.__.. . __. ...._____._._.. ! \diilt.assi;.tl.'d li\lnl2; . ! I' '1" . I" I Dill' lrt.:e pl.'r t\\o UllIb or bedrooms ! ael Illl..?S. I1l1rs1ll:,: 10m,,' . ~-,_.-,...~...--.._--~-,..---.--.._---~--..-~--.---.---- -------..--..-------...----.--______-4 , I .' I' I I.. I . I ! i !\ [ . 'I:a"t <)_!}C_Jr,,'~_L!J1L 1!.lu-?l.:...~.1rl,JI'.~_,ib;1L !)(,:_J.:l~).ll,:.,:~LJ()L__:.'SQ 1 \l.lH(\ 111.:( ~l;>,,'~: i~~,V0.L~_$gLE!r.::....J~S J._.9J.lQL~1..r:s;,~~....0(,:J~1,1iilh_..~lr.l~.J::>.__.0.1 n_~ ':,'.i~111..l1:! j . ;_'::yJ:~~;~h\~':~~':J:li~h.gJ:!:-.I'!'!:?::-(:f\.. ~,,!. _.__________~ 1\.\0 Inxs p\.'r d\\clling -j ~.-.9{~.N.tDn~sideHthll tree tlAd shrub flltlntin~. -tllt'-'~~*+\o\-~tl!t- it~ file fHHnher.flffft:'~. iHKJ..sltHth!...-fttttltfe4.-ftI---k>-i~j...ffl' +ht' fH ~Hfesfdt'tl! iittm....i:t'i.: H.+:LttlJstrlf*tg..~+at___ft:'quir~d under #tt-;.-~EtH mEt\-- tlt'tl'>t'd lOo.ittts-lylk ;.liHKlitlJs lin IdfHIstHflt'Hlitlffittl-s-~ under parking ur~o-tHKJ...-lanJs(;api:: hurter rlttIHffig~jitf4;r. ') I L.. ,2; .\tl~ht~"~f~Utt4 t+tr~-sfwI4~dti#t-he.~i:mid-+t>f-~~"7~~.f4-i1+-sttffitft>-~-++:t ~t, tHh."i.j~Ht+i:tl"l#t,-~"rt;hffiffi~+K~.N-tH!:!---Y~+itHHH..wl-Ht'-h--aft'-t~~J ~ ,'-lU-- ~~; "'Hfl--r~t'fl-ti-ttj-pttf'k~-tl-I'flh !J ,-H'~Ht;~. . -af~" WH4-i'1--'Ttfttt~-~-1ttttt'- .4.. - HHt.-ft~4---ft' -k--.-i-arK-l-oitiifl""tl--- t-fl ",+tH...."",J"'Hhd Ij>H'l'hHlj;: an'-it.., I.'M" ml,~ iUt'iH WilftHlHH:' I him \tHto' dt.'{.'''',,", lane s-haH~lt, ,1!1t.'i:.,,~af1't.l.'tf ,t...... .h:~t-P~\-\~"""'. "'''- ')11-;; 1. 1 I al\\hnlpill~ n'lJuin'mcnl~ for parl.in~ and H'hil'lJlal' liSt' urt'as. -. ..;,:_~ -":,~'~,il;l~i:\ ;I~:ii:;l~ ..!~~~:t;;1~<i~:~;;:~.:::', )::! l:.:;~~ll:~l;~~:_t;~~~:l;~;~ /: ,'", "Xi, :;h,di f1IP\kk l',-'!;!!!<'Il'r ,md inkri"r Lllid.l':Ullng:l\ ~ ?-:,,6l) ( ! , \i led';l : X "4uare kel of landscaped ;m~a I~n each rClJuin~d parkinF space. ! ~) .\1 kas( unt.' Ire.... lor t.';jell 72 squJn: !Cd of requir..:d landscufx.'J an:Ll. '.; I "h,hk ;rl'I.:.' ',hall ht.' p!anlul al no more Ihan 20 kcl on CL'lllt'l'~ Int.'ar Iht.' i!Ht'r~CClH)!) pdllH ..>I parking,;pw:t.',,'!j, (.{I ,\ inlninHlrn t,\tl kl'I\'( !,ln~b<:;n~iUg sh~Ii11)l'rl'~HlIiSlladj:lCCil! lu "Ii'''!!'' hu,J,jjngc., :uiJ ';uiictun:-" '-'\Cc'P! ,1,l PllJI1I:-- \.Lil\l,;X~"" and cgres,.;. I'" j I'lw illlllinHlIli dinll::n',!tlll for an) n,:'quln.'d landscapnl area w-i+lt-it~tHttitft't1 "hall he !\)lIr led \.."~'l'rl 1\)Ul1Jlt,1l,H.~J~~mJ~!"1)1:::,,jt~J'~!jJ!,liOg5jIl}Sl~JLl.Lt:t\lr<,::c, ! 1,1\ iand",cIPl'd i,land, IIHl\in\IHJtJb~ (~~h~.Li.Jt;,~_L~l1ih_(lrlljjillim~,_\.'I)~t.l\:\..:,~JL~I.lI!'-l rl',EII r ,~,,ll (I': l:\t.'I) 1 L'np~_II~~j!]1L;'>fJi!I.;~::i_\."jJl1_;!Jlj:L'\i.!n_tlDl_\)fJ2.11 nJ.! 1tl"JLUP [('"i.Pi!!1 ill':; :],,\,,'-;, .,II)dr~I'~ (7l ! 11\..' 1t.'I1HlIllLkr (.f a parking landsc.lpc area shall be landscaped with gra:-.~. gI\lund c'o\>"'r, (lr (11her l,mJscapc malerial ~ St'C. c)U-5M. ~itfl-f't'sid~ntilll buffer rc~uI8tion". Kcquircd landscal)('d buffer an'a..;, L\..,~'m J\~!JJ)( '_~S:~l.ic-(l~ i,lJ\:,,-L~\j~b_~l.l}inJ i~j~jL!;IJ. "jl}glt~.l~lll1i JL\)~\llJUk: \ ...... lnll tare'. ~tt:esft~-i-:t~ lalld"cape huffer arL'as shall he required \\ilhin required :'.clhacb and JundseapeJ as ji,llp\\ s: III \linimum ",iJth of bulkr alml!! slreel froma!!..., shall he 11..'11 ted and (IIi Illlll'f proper!\ lille". !\\(I led , " \: lea., "ilL' ll~\.' ,md lhl\~L' "hrllb~ 1111' vadl,illi ';quart' fl:cl It! rn.jllll'l'J LllllhL,;tped r'lllkl , fV," '):,1' !",,' l'idnh'd in c:ilhtl'!''', hur <.;halln,)l C".":t't'd '\11 kel "11 cL'Ilh.T... ;lhllUinl! the "It\', ': :n lil)\.:,' '" , !.ltid:O\.',IPL' h\I!'kr .,haill-....: Lll1tb":,lped \\ jth t'r:I'.,-;, t'rotll1d ,(Ph'L ;tl :'.1 .'..... q,,;\ "l<ti~'r \,t\ ">,,,' "" "q Hl"H n t." 'J\PK,INC, ;;.I'ANDARDS i hl!lll~: a n,'u'nJ I R<.' rlll'c[lltg il \\;IS noted that pL'opk dfl\ C lal'gl' H;,hick... Jrl ()kccchol'lL'c' :md th~ll.t \en-li'PI \\iJL' .,raCL' i" pr<:tl:mhlc to a lline-IIH'l "alL' "palL', ~1!1C\.~ "u:, 1)(1);11 ,.t:lle'c thai I'l'qtllrL'd "rr--;Jre\~l parking <.;pa~(L's ';l1all be:1 minimum of nillc !t'L'! \\ ide, pc:rlur-; 1!>i... "hdllid hc l:han1;l'J to ten kcl. \ll\llhL'r p'bSthdit: !" ((I I'L'ducinf!. Ihe \\idth of a ()ne-\\a~ dri\L: ai"k 1\,1' ,mgkd park.in!,! pi' i,{I dqc!':l''. '.'1' Ie"" fl\qn )l t~d Iii III kct. rhi~ l'lltlld rcdllCl'llll' ...'Xh'lll lit imp\.'f\ jP\l:-, ';wl:!.:\.' l:'.'\Crd;,'\.' \l!nk '>till pro\ ldillg fil[ :ld....ljWlIL' nlaIWll\('rabilil~ and cin.:ulallOlJ \\hen \Hl\.'-\\.l~ drht:,.. <lrc u;,\.;'d nIL' spccific Clll.k \:hall!Cl's \\ould bL' as tilll(l\\~: '>c'''', 'i( 1. -; i ] i h, !'.II'kll1.,,; 'l"h,' ,i:;!, the 1l1lninmlll parking spac...:- shall b';:::::\""~l wide I,: ~(, IlvI h'll~_ h,mdiL'app<:d .,hall be as d('jilled hy state hallJi~.&~~~~',>:-,ihilll\, Ie \ ! oWllllg,!Il/!'!' 'Ct' ThL' minimum lo,lding space ,-;hall he t....n k....l \\Idc h: :;0 fi:c! hllli.', \\llh 1.~ II:Cl \<.'rtical ckarancL', it! I !',"AilH!. (/i'd'\\ dr-in'\! (/1 \I'fdlh. (1 i I hI,: :,ll1t!k'-I~lmil: 1'L'<.;itl.:llCL:' mirmnum drin..'\\a\ width :-.hall h.: at ka:-.t cl(!hl kel 1':;! 1,\,1' <ill ,!thel usc;" thL' mi nilllulll dri\t:\\ay \\ idth shall hc' a Parking spac\.'" b...:I\\L'CI1 75 dcgr\.'...:-s and l)() d...:-gr\.'L'" dlJ!-,k:o It.' the ,j ri \L'\\ :1\, .24 feet. h, !lalJing sn,I~'",'s,allgl~~LLfroUlhO d...:-grl;'l;'~ up l,!hut!li'IIlkluding -;" qo,:gl~t:~'G !.Jh~~ r i l~'V"_~!.':_, _2(JJ~C'J Par!.. Ill!,! span.',,> :llll other :lngle to tlh: dri\ c\\ a), 2{j II.' Il'L.t ~ The Okeechobee News P.o. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF A..ORIDA COUNTY OF OKEECHOBEE Befor", the undersigned authority personally appeared Judy Kasten. who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Hot1da; that the attached copy of advertise- ment, being a Il . 'J M 1..,,( / L .{ C / ",- -- \-r~)t!J~1i/(!;-R / in the matter of !1 JJ-lil:; ~jlQ,111M:J- \..-n 1) it ~R.-j in the 19th Judicial District of the CircuIt Court of Okeechobee County, Horida, was published in said newspaper in the issues of COif) 14/0( . I I Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee . County, Horida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Horida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Horida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this adveljlisement for publication in the said newspaper. .::'.~~ _ _ it s-L '-_ N PUBLIC HEARING NOTICE COY PLANNING BOARDIBOARD OF ADJUSTMENT ANO APPEALS NOnCE: The Planning BoartllBoard o~ Adjustment and Appeals of the City 01 OI<ee- chobee, Florida wift ITlllet on Thursday, September 20, 2007 at 6:00 p.m. or as soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast 3rd Avenue, in the Council ChamlJefs, Room 200, Okeechobee, Rorida. The items of consideration at this meeting are: Conduct a Public Hearing to Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Apptication No. 07-012-SSA. The application is be- ing submitted by Kelly Kite, Jr., on behaW of property owner(sl Okeechobee SR70 Holdings, LLC. The application is to change the Future Land Use designation from Single FamUy (SF) to Commercial (C) for property located at 1108 State Road 70 East. Legal description: Being a parcel of land lying in Section 22, Township 37 South, Range 35 East. OI<eechObee County, Rorida and being more particutariy described as follOws: Commencing at the intersection of the center- line of S.R. 70 (as shown on FOOT Right-of-Way Map for S.R. 70 Okeechobee County Section 91070-2514, dated OWN=3-76) with Easteriy boundary of Gov- emment Lot 2 extended, thence South 00 degrees 14 feet 21 inches East, along said Easterly boundary of Government L0I2 extended, a distance 0144.5 feet to a point; thence South 89 degrees 54 teel 49 inches West, alOng the Southerly Right-of-Way of S.R. 70 a distance of 125.00 feet to the point of beginning; thence South 00 degrees 14 feet 21 inches East, a distance of 690.53 feet; thence North 89 degrees 54 feet 49 inches East, a distance of 100.00 teet to a point lying on the Westerly Right-of-Way line 01 Southeast 13th Avenue: thence South 00 degrees 14 feet 21 inches East a distance of 230.05 teet to the point of intersection 01 the Westeriy Right-of-Way line of Southeast 13th Avenue and the Hopkins Meander Line; thence North 71 degrees 49 feet 20 inches West. a dis- tance of 424.14 feet; thence North 00 degrees 03 feet 47 inches West, a distance of 787.65 feet to a point lying on the Southerly Right-of-Way line of S.R 70; thence North 89 degrees 54 feet 49' inches East, along said Southe~y Ri!lht-of- Wa:-j line of S.R 70, a distance of 300.00 feet to the point 01 beginning, and is ap- pro~mately 6.27 acre(s). The proposed use is for a hOtel, bank, restaurant and general retail. Conduct a Public Hearing to Con~der Rezoning Petition No. 07-lJl1-R. The peti- tion is being submitted by Kelly Kite, Jr., on behatt of property owner(s) OI<eecho- bee SR70 lioldings, LLC. The petition is to change the zoning district from Re~dential Multiple Family (RMF) to Heavy Commercial (CHV) for property locat- ed at 1108 Slate Road 70 East. Legal description: Being a parcel of land lying in SectiQn 22, Township 37 South, Range 35 East, OI<eechObee County, Florida and being more particularly described as follOws: Commencing at the intersection of the cente~ine of S.R. 70 '(as shown on FOOT Right-of-Wa:-j Map for S.R. 70 Okee- chobee County Section 91070-2514, dated OWN=3-76) with Easterly boundary of Government Lot 2 extended, thence South 00 degrees t4 feet 21 inches East. alOng said Easterly boundary of Government Lot 2 extended, a distance of 44.5 feet to a point. thence South 89 degrees 54 feet 49 inches West, along the South- e~y Ri!lht-of-Way of S.R. 70 a distance of 125.00 feet to the ponll of be!linning; thence South 00 degrees t4 feet 21 inches East, a distance of 690.53 feet; thence North 89 degrees 54 feet 49 inches East, a distance of 100.00 feet to a point lying on the Weste~y Right-ol-Way line ot Southeast 13th Avenue, thence South 00 degrees 14 feet 21 inches East a distance 01 230.05 feet to the point of intersection of the Westeriy Rlght-ot-Way line of Southeast 13th Avenue and the Hopkins Meander Line: thence North 71 degrees 49 feet 20 inches West, a diS- tance of 424.14 feet: thence North 00 degrees 03 feet 47 inches West, a distance of 787.65 feet to a pOint lY1ng on the Southeriy Right-of-Way iine of SR. 70; thence North 89 degrees 54 feet 49 inches East, aloog said Southe~y Right-of- W3:f line of S.R 70, a distance of 300.00 feet to the point of beginning, and is ap- proximately 6.27 acre(s). This petition is associated with Comprehensive Plan Small Scale Future Land Use Map Amendment Application 07-012-SSA. Consider any proposed amendments, submitted by City Staff or citizens, to .the Comprehensive Plan, which inciude the Land Oev~opment Regulations (LOR's) and render a recommendation to the City Council for consideration and Flllal adoption. Specific LOR amendments received to date to be considered at this lTllleting are: 1. Review changes to Chapter 90, Zoning, Signs; regulations in all zoning districts. 2. Review cl1anlJes to Ch'apter 78, Section 78-71, Oevelopment Standards, Utilities, required for developments. Requiring minimum lighting regUlations for all ott-street parking areas, service roads, walkw3:fs and other common exterior areas open to the public. 3, Review changes to Chapter 90 Zoning, Landscaping, Section 90-532. Change residential tree planting to required landscaping and add tanguage for . landscaptng 01 other uses. Section 90-533 adding requirements for . landscaping in parking and vehicular use areas. Section 90-534 change Section title from non-residential buffer regulations to I)lquired landscaped buffer areas, and add language for additional regulations in these areas. 4. Review changes to Chapter 90 Zoning, Off-Street Parking and Loading Design. Standards, Section 90-$11. . A copy of the entire appIication(s) and agenda are available in the General Services otFoce..Rml01 at City Hal. or by calling Betly C1emerrlat 863)763-3372 x 218. . Please be advised that the Board of AdjUstment and Win serve as the de. cision making body (Quasi-judicial), on behalf of the C ,to approve or deny Spe- cial Exceptions or Variance ApplicatiOl1(S). The Panning Board will make recommendations to the City Councit for consideration and finat adoption of Com- prehensive Plan Amendments, Rezoning Applications and Land Development Regutations (lOR's) Amendments. PLEASE TAKE NOTICE ANp BE ADVISED that n any person desires to appeal any decision made by the Planning BoardlBoard of Adjustments and Appeals with re- spect to any matter considered at this meeting, or hearing will need to ensure a verbatim rerord of the proceedings is made, Which record includes the testimony and evidence upon which the appeal is to be based. Media are used tor the sole purpose of back-up for the General Services Office. In accordance with the Americans with Disabilities Act (ADA) and ROOda Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding shoutd contact Betty Clement, no laterthan two (2) working d3:fs prior to the proceeding at 863-763-3372 x 21B; n you are hearing or voice 1m-I paired, call TOO 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). BY:. 8rian WMehall, Zoning Administrator 235634 ON 914,14107 o""r-Jr"'Y PU,t Janetta Thiboult ~ ': Commission # DD505311 1 rJ Expires January 10, 2010 ~ OF ~~ Sondee Troy F'atn Im~urance Inc 800.385-7019