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2009-02-19CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 19, 2009 SUMMARY OF BOARD ACTION I. CALL TO ORDER - Chairperson. Planning Board/Board or Adjustment and Appeals, February 19, 2009 6:00 p. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Devin Maxwell Vice- Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Osiel Luviano Board Member Douglas McCoy Board Member Malissa Morgan Alternate Member Karyne Brass Alternate Member - Vacant Attorney John R. Cook Senior Planning Consultant Bill Brisson Clerk Gamiotea serving for Secretary Clement III. MINUTES - Secretary. m. j Chairperson Maxwell called the February 19, 2009 meeting to order at 6:00 p.m. r Board Secretary Clement called the roll: l•= t Present Present Present Present Present Absent (with consent) Present (moved to voting position) _:.Vacant Present 1 Present Present Present 2Y1' A. Motion to dispense with the reading and approve the Summary of Board Member McCoy motioned to dispense with the reading and approve the Summary of Board Action for the December 18 , Action for the December 18 , 2008 regular meeting. 2008 Regular Meeting; seconded by Member Burroughs. VOTE MAXWELL - YEA =MCCOY -YEA IV. AGENDA - Chairperson. HOOVER -YEA BURROUGHS -YEA KELLER YEA BRASS - YEA LUVIANO - YEA MOTION CARRIED. 1 A. Requests for the addition, deferral or withdrawal of items on today's i Item VII. A. 2 of the workshop was withdrawn. Chair Maxwell advised that Mr. Torres has legally changed his name to agenda. Luviano and extended appreciations to Board Members Hoover and McCoy who have served on the Planning Board for ten years. V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 09 -001-SE submitted by property owner Jerry Suarez. 1 FEBRUARY 19, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 O 1. Hear from Planning Staff to allow commercial indoor recreation Mr. Brisson presented the petition and Staff Report stating this property is being developed as part of Shoppes on the for property located within Light Commercial Zoning District, at Boardwalk project. He cited concems over hours of operation, extemal amplified music, setbacks of the building and parking 701 NE 3nd Street, Ref. Sec. 90 -253 (6). areas from residentially zoned properties to the north, activities being undertaken solely within the building, location of the building between parking and Taylor Creek to minimize the potential nuisance impacts vehicular lights and noise associated with attendees of functions and a revised traffic analysis to be submitted that uses a more appropriate land use category, such as a multi- purpose recreational facility or recreational community center, for determination of the traffic impact of this use. Based on suggestions listed above Staff recommends approval. 2. Hear from the Property Owner or designee /agent. Anita Nunez, representing the property owner addressed the Board stating the purpose of this building was to be a gymnasium. In order to be profitable the building also needs to be a community center like the KOA facility. Mrs. Nunez told the Board, the noise would be contained inside the building. This building would also be used as an overflow from the pool hall. If you attach too many limitations on the building, with the cost of the building being one million dollars, this could be a problem. Mrs. Nunez asked whether there were any exceptions for time limits? It was stated to her, the administrator could grant exceptions for written requests for extended hours of operation a couple of times during the period of a year. 3. Open Public Hearing for public comment - Chair. Chair Maxwell opened the Public Hearing, there were no comments. 4. Close Public Hearing - Chair. Chair Maxwell closed the Public Hearing. 5. Board Discussion. The Board had a lengthy discussion on the hours of operation, citing, for consistency within the City, 2:00 a.m. was an appropriate time for dosing. It was noted that functions which °end at midnight, tend to end peacefully." The Board asked whether there would be alcohol served in the building? Mrs. Nunez answered, it was possible on a catered basis. Clean -up time for the facility and noise control was also discussed. 6. Consider motion and vote. Member Hoover moved to approve Petition No. 09-001 -SE as stated in the Planners report with limiting hours of operations to 2:00 a.m. for weekend, Friday, Saturday and Sunday, and 12:00 a.m. for weekdays, Monday through Thursday to be taken into consideration at TRC; seconded by Member McCoy. VOTE MAXWELL - YEA HOOVER - YEA BURROUGHS - YEA KELLER- YEA MCCOY - YEA BRASS - YEA LUVIANO - YEA MOTION CARRIED. 294 FEBRUARY 19, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF VI. NEW BUSINESS A. Consider any additional requests for amendments to the City's Land Chair Maxwell inquired whether the trailer portion of a tractor trailer (semi - truck) could be used as a shed or was this: 0 prohibited? Attorney Cook replied, semi - trailer trucks cannot be parked ovemight in the City. Code Enforcement has had one trailer removed. Chair Maxwell adjourned the Regular Meeting at 6:47 p.m, there was a brief recess, at 6:53 p.m. the Joint Workshop wit the City Council was called to order by Mayor Pro - Tempore Watford in the absence of Mayor Kirk. Development Regulations - Chairperson. VII. ADJOURN REGULAR MEETING AND OPEN WORKSHOP SESSION - Chairperson. A. Discussion of Planning Board and City Council. 1. Proposed Sign Ordinance (No. 994). The most recently revised copy of the sign ordinance (dated 6 -10 -08) was distributed prior to the meeting. The items o; interest discussed, or clarified, are as follows: Page 6 of 27, Snipe Sign definition. Mr. Brisson proposed a revised definition, "means any signs except temporary politica' campaign signs of any material, including paper, plastic, cardboard, wood, or metal held by or attached by any person. i tacked, nailed or fastened in any way t� trees, poles, stakes, fences, the ground, or other objects where such sign may or 1 may not be applicable to the present use of the property upon which such sign is located." Following discussion, the consensus was to delete "held by or attached by any person." Page 7 of 27, Maintenance of Signs. For clarification, should a business close or move and they removed the insert of their sign, the property owners do not have to replace the sign with any type of a blank insert. The consensus was to not make that a requirement at this time. This section remains as proposed. Page 8 of 27, last paragraph, Temporary portable signs placed on the City owned sidewalk in front of businesses provided they do not interfere or endanger pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. This paragraph needs to be amended to restrict these signs to the Commercial Business District only. Page 9 of 27, paragraph five, the consensus was not to count window signs affixed to the interior of the windows which are visible from the exterior as apart of the allowable area for building signs. In paragraph 2. (a) the consensus was to allow a •_ least two real estate signs advertising the sale, rental or lease of the premises. Page 13 of 27 paragraph (25), there was no consensus reached on how to word the requirements for signs or commercial displays on motor vehicles, trailers, boats or other transportable device in excess of 10 square feet and parked on any public street, public right -of -way, on- street parking space or other public parking area. This will be addressed by the Council. 1 1 1 VII. WORKSHOP SESSION CONTINUED. 1 FEBRUARY 19, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 2F9 2 A. 1. Proposed Sign Ordinance (No. 994) discussion continued. Page 13 of 27, Paragraph (26) was changed to read that off - premises signs are prohibited except in Industrial Zoning districts. Page 14 of 27, Paragraph (2)(b), the discussion and consensus was that certain types of temporary signs with no permit that meet the requirements should be allowed bi- annually for 14 days each time. Page 15 of 27, Paragraph (e), needs to clarified these are public sidewalks. Pages 18 -19 of 27, delete section 90 -575 fora unified sign plan. Page 21 of 27, Paragraph (3) the word "hall" should be "shall." Page 24 of 27, Paragraph (h) was deleted entirely. 2. Prospective Historic Preservation Ordinance). Withdrawn. 3. Commercial Corridor Designation. Mr. Brisson reported to the City Council and Planning Board and Staff, commercial corridor designation would be addressed in the Evaluation and Appraisal Report (EAR). 4. Review methodology of the 2010 Evaluation and Appraisal The EAR regarding the Comprehensive Plan is to be completed by 2011. These reports are completed every ten years to Report (EAR) relating to the Comprehensive Plan. monitor the growth management of the City. In the coming months, in addition to regular agenda items, the Planning Board will be reviewing the existing Goals, Objectives and Polices (GOP's) of each Element within the Comp Plan, and give recommendations for the GOP's for the next ten years. This will also be the time that the Board can correct any errors that may still exist in the Future Land Use Map. Once all the elements are presented to the Planning Board and a recommendation is reached, the item will then be sent to the City Council for final consideration and adoption. Council Member Watford thanked the Planning Board for their participation in the workshop, noting that he appreciated their sincerity on making recommendations and decisions for the City. The matters in the past have not always been easy, and he wanted to take this time to let each member know that when the Council does not agree with the recommendation, and does not approve a land use or rezoning, it is not ever a decision that is taken lightly. The Council is always conscience of the amount of time and energy the board puts into their recommendations, and they are appreciated. 296 V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board/Board of Adjustment and Appeals 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 ensure a verbatim record of the proceedings is made, which record iridudes 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 of the Department. ATTEST: 1 FEBRUARY 19, 2009 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 5 iThere being no further items, Chair Maxwell adjourned the meeting at 8:22 p.m. i h 1 CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS HAND WRITTEN MINUTES FEBRUARY 19, 2009 Page 1 of 8 I. CALL TO ORDER- Chairperson: February 19. 2009. Planning Board /Board of Adiustment and Appeals Regular Meeting 6:00 D.M. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE • Secretary. Present Chairperson Maxwell Vice Chairperson Hoover Board Member Burroughs Board Member Keller Board Member McCoy 10 Board Member Morgan Board Member Luviano Altemate Brass Altemate - Vacant Senior Planner Brisson Attomey Cook Secretary Clement Absent vobt 111. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the December 18, 2008 regular meeting. MOTION: I 1 .i11 moved to dispense with the reading and approve the Summary of Planning Boar. Boa 1, f Adjust ent and Appeals Action for the December 18, 2008 regular meeting; seconded by 11 • .3l Iv. FEBRUARY 19, 2009- PBIBOA MINUTE GUIDE - PAGE 2 OF 8 AGENDA - Chairperson. A. equests for the addition, d ferral or withdrawal of items on today's agenda. V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 09- 001 -SE submitted by property owner Jerry Suarez. 1. Hear from Planning Staff to allow commercial indoor recreation facility, ref.90- 253(6) for property located at 701 NE 3'" Street. Hear from the Property Owner or designee /agent. Open Public Hearing for public comment - Chair. Close Public Hearing - Chair. Board Discussion. Consider motion and vote. SSION:/ 2. 3. 4. 5. 6. /. :41 1 i ../� At .1 7:4 ■ i 1 / /r 49-00( SE ! 1 , / of '714-A---r-CAnd.24;42=As • 102: b M1 ,chkia.ae.s.dt-4) 0,074w_ Cat_ SCep+ Ji3L-5 . ;IA / I 444 • • a i/ I Ca ill i .. 1 gri /u • n21 _1 d) -00 a I 4.-.71-6 c (42,6-e 0 40-71c �►� ... !_A 1 AI' 'A,�/, I 1 ,, i FEBRUARY 19, 2009- PB/BOA MINUTE GUIDE - PAGE 3 OF 8 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. .)4,L0NOckfaLo) tiLAI&AitAa_fi)AA A4pda, ' pit !��t! e 1 ,w► 4116.0 SE TtAryi j7C-ir-ni>0 All 1 ,A54-(tvi1/4-3-Le- i+lote - (>0 ple,o(a — )110 - ed9A_ ct:P em'£"'^^- AI. 11),,n1.Acd.,) (dalayLeits : VYl � ,� l0 P. .e� 6-4011 ir11 i l • • • �� :.71 11J L Iii 6y, ,, // 10 .,- P'� r (-41A“--ia-nud r-s42,0,,P _( 1 oi QQkv _ euk `v)0*-0 -01b;-P wsi—clt) V-1(0 6A, • y)(\ • el 1 7 XraivaA_J Q-40}2-aa," svez_L Jar, )5.f /tR, cALTZ1) (°' • fir.. /%%40 % %i % Kle v!,� /0‘.s301- ci,o,_1,isi4b,7„w4607 Poxi--be,49L4 00.s. W04_,Vip FEBRUARY 19,2009- PBIBOA MINUTE GUIDE - PAGE 5 OF 8 A. Discussion of Planning Board and City Council continued. 1. Proposed Sign Ordinance (No. 994). ttlip 41,AJJLci,b Lcver 9„4, ►►. Not CoNTE wT. FEBRUARY 19, 2009- PBIBOA MINUTE GUIDE - PAGE 6 OF 8 A. Discussion of Planning Board and City Council continued. 2. Prospective Historic Preservation Ordinance. ITEM DELETED FEBRUARY 19, 2009- PBIBOA MINUTE GUIDE • PAGE 7 OF 8 A. Discussion of Planning Board and City Council continued. 3. Commercial Corridor Designation. ()Joie Lia ets-Kitit ke") E7I-F. — FEBRUARY 19, 2009- PBIBOA MINUTE GUIDE - PAGE 4 OF 8 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. MOTION: f1.1-9--)\-/ recreation facility within a CLT Zoning District, ref. Code Book Sec. 111 NE 3rd Street; seconded by e `�`C✓ — /14� -1I4-. s moved to approveldeny Petition Igo. 09- 001 -SeXto allow commercial indoor 90- 253(6) for property located at 701 VOTE: MAXWELL HOOVER BURROUGHS KELLER MCCOY MORGAN As BRASS RESULTS VI. NEW BUSINESS CONTINUED. VII. ,/ NAY ARRIED I �ENIED ABSTAIN A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. QJ2,Gc.C-e_A--„ Ws-. IAQ.uu-(L PJAio-tukt---QP ct-nA ADJOURN REGULAR MEETING AND OPEN WORKSHOP SESSION - Chairperson ' pm A. Discussion of Planning Board and City Council. CY-r1L(_ l/ _ FEBRUARY 19, 2009- Pal—BOA MINUTE GUIDE - PAGE 8 OF 8 A. Discussion of Planning Board and City Council continued. 4. Review methodology of the 2010 Evaluation and Appraisal Report relating to the Comprehensive Plan. Dc5u3 Acuot airme mL^uir-o Asa VII. ADJOURN WORKSHOP - Chairperson �- -- pm. t1JJJEPENDENT r:a�ses OKEECHOBEE NEWS � i .ter AAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE IR/S 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, thrttttl}ei4ttCachg�d , , C copy of advertisement being a //✓✓ �b j � C in the matter of N OF Nee-6/1i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of c-LtA 0 c■'/ o r P409 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said 1 newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, 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, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. day of ate_'✓ '. Mary Public, State of Florid at Large o'st ,, Janetta Thiboult Commission # DD505311 "q o° Expires January 10, 2010 '� OF ciF Bonded Wan tn,muc.. ins eX0316-7019 and subscribed before me this LiA — V AD a0eq (863) 763 -3134 Wild* arr PIAIiiB maw maw NOTICE: The GSy of Okeechobee NmYq Bare wr meet as to local banning Agency On 71auNy, FFMory 11, 21N i WI P.m or as soon &gear as potable..to ca idasr any aiwakaha, wtertlbd td Cty Ste a di- ms, to the adopted CIh �api.Plan, With Saa di analdmsr s to be waded, Vl l a reamnendeeai, b' rie C1y.0 U dfa dna considdslion. The nod* wi be hddyHal 55 S$it oral -3N 11aa0. In the Conant Clam- bers. c Faioottee a�p.eia,may he obtained tom ee ON web dr ilium artxtrtOVI6aidSarkaDepirtmnt. 7b1-5372S 218. ND`BE AOVRS�'fat f any Orson*** b�"5 decision odds by 815 Hari* Bond wilt respect,* ay miler d b lade, wiidi' ical Includes the told l upon, isle be based. Board Spriae. ossdhi aeuded k► to sole te scardala wth fq Aratxtr aidiwe Act andiloriet1 bb 28628. paaa n liblib 1pbgd b WIN* te bcproaedtrf - aMntetnoIdaifliniro(51 wordy daya prior b jlie- 1112e 3,9312 x2i1oe romp or coke h- a red:a , _ _ 1: 770 (galce),a 1 777 (rir). � id Bri 0 ?aiq Ndniti*bi 36BO5o onYii_ . ' #Ii]EPENDENT NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that tie attac,J}ec4, copy of advertisement being a rubitc fu or 7 c-� in the matter of Ni C`a't c-f OF- DNS 4e.i-e.1-i ©� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of gnu t,.r -ty 3� le -cruoy i3 ,,Zooi Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, un said Okeechobee County, Florida, and that said 1 newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, 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, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. and subscribed before me this day of AlY°'� ©�'9 tary Public, State of Florid at Large zeY °UB�� Janette Thiboult .Commission # DD505311 "4 Expires January 10, 2010 -6.. a Or eased Troy Fan rwuance. Inc 800-3454019 (863) 763-3134 PROPOSED OF M0110E: A PUBLIC NEARING at be field ,bdpre is lay, d dsediobes ?Ia!� Board/Board of Wawa end•Appat on The TMmedee�BgwNM* 1! 2888 et 56 SE p.m. or as sott 3rd Avenue 8x Guard Cha south. Room 200. ONeadat. Ronde "A To consid ScattErcgdon Petite No. 09-001-SE, subraiged by property owner Jerry Sam to don a cam er dl ow recreation facility WNW : UT DgM1 ( R o t Code Book %ea t ``). Property is baled d 701 fE 1 Mot legal deealdlac Parcel Ord Lem 7 to 12, Inclusive opf Nock ns. Okeechobee, to aka ttheto receded M ppl *e�tr bbeeei g nos d b �Id�Beek Records 5 Papa.S Pale Records of l Okeechobse lCowI Ent C kind al In being n 15, ST ask. deaf En pro* a w s iuoade iin a k 646, P gp137700 dim Paiplea Roma d gdedadeealCour abrrrer l , d plods lls paedai088tlr as Con*, vireos recorded m Thence In Rd Book 5. Payi S,.Putil Pdwds d. Con*, Ronda.. fierce nn South and remit) elmq the Whelan boundary d Parcel 4 eowrdng tote • 'Plat No. 1d Tana Creek Watts dasrecordedIn PellBook3 ,.Plae2g,Pubwiyc Recede In add Block 116, the Solves( cones d US 12 Plaid Mohr►1e1a8t tad eleo being the Nato* caner of Parcel 3 d geld Piet No.1 of Anim Creek %- tent* tarot run SaahweiNkSong Is Win at Ind Peed 3, M 1m eentalne d Suet_ Dorm* MIN , thence net ESA done add cede** el acrd Northeast 3rd Odd (iariah skeet) mdeded East, to the ton Shadne Wfor ht bp ,Sar **04 * r iddY- o bore ddaaen m1 an d a byway M Part *WO.* A copy of is agenda npy be del M iron Me.Cky web de MS= «sated Os Gonad Waco i pr,� 7:281178242111.80 li►irhleedthel the� toapppee o�day ' eONe ' PLEASE TAIO NOTICE MD 8E ADVISED gut if sty pedon dabs b appM eel decision node bpyye listing the pi lrai g Dowd aid depict b sy matter caadolodwmeddrgis ismade� record Incites the 1u10 sild 'alderce upon *oh peel is too be bl eed. Gerard Sakes media are aced for to sole *pose d bade -up wilri ere1IL In 266.26. PI wen Ana4 ksm In Ns pr ceeding s141004654770 oed coded Bathr Chart, no lama then two all wiring dsys BY bid, ail TOO o at adr863-7034372 .. 0U-obou_ 771Pdsin.g or voice kr- Petition No.08A01SE 309051 ON 1/301/13109 .,i u S OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached ,(,� copy of advertisement being a POI �I t__. ND 1 1L in the matter of I C7t ( L e_ 6F Al-42--t--) '4C� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 0,1"-V 3o Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, 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, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. h -tb and subscribed before me this 30 day of 00- -r V AD >4!' otary Public, State of Florid at Large 1 olsPaY °�e, Janette Thiboult Commission # DD505311 " .4 Expires January 10, 2010 'F CIF ° eaaae Troy Fan rmrance Inc e009e5.70t9 (863) 763-3134 .CITY Catlett r wsNOrro a tria00 • MArEE i r riiniii Co na ski i : sir sr a•will roert is Suite. of deems— lortineiudei hu(seeiatifinhed . the pro; tedirinte- 994 .40,-""" trehotit megi+** a earner, rr�ra art ua�ener tS oar 712x21& o-'Plifeklitai i k +dgu pl1014dMhi• nmdR r�rd1 XLdsrd1aelnrl W IO nt dtfep peal bead. sGentiallentee media aro *ier.a yiefitirMiedcaie s,er a'"°�.c r rir,r ranga as he ,r:arnxrn _priookilicprooseeno 334377k tit f trt Criswailro CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING FEBRUARY 19, 2009 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, February 19, 2009 6:00 p.m. - Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Devin Maxwell Vice - Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Osiel Torres Board Member Douglas McCoy Board Member Malissa Morgan Altemate Karyne Brass Alternate - Vacant Attomey John R. Cook Senior 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 December 18, 2008 regular meeting. IV. AGENDA - Chairperson. B. Requests for the addition, deferral or withdrawal of items on today's agenda. FEBRUARY 19, 2009 - PB /BOA AGENDA - PAGE 2 OF 2 V. CONSIDER PETITIONS AND APPLICATIONS. A. Petition No. 09- 001 -SE submitted by property owner Jerry Suarez. 1. Hear from Planning Staff to allow commercial indoor recreation facility, ref.90- 253(6) for property located at 701 NE 3`d Street. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. VI. NEW BUSINESS A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURN REGULAR MEETING AND OPEN WORKSHOP SESSION - Chairperson. A. Discussion of Planning Board and City Council. 1. Proposed Sign Ordinance (No. 994). 2. Prospective Historic Preservation Ordinance. 3. Commercial Corridor Designation. 4. Review methodology of the 2010 Evaluation and Appraisal Report relating to the Comprehensive Plan. VII. ADJOURN WORKSHOP - 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. STANDARDS FOR GRANTING A SPECIAL EXCEPTION (Sec. 70- 373(b), pages CD70:19 & 20 In the LDRs) Applicants are required by Sec. 70- 373(b) to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application, materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 1. Demonstrate that the proposed location and site are appropriate for the use. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts or needed. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. 5. Demonstrate how the utilities and other service requirements of the use can be met. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. Revised 7/08 Page 5of10 David and Anita Nunez 610 North Parrott Ave Okeechobee, FL 34972 (863) 467 -0611 RE: Standards for Granting a Special Exception on 1. Demonstrate that the proposed location and site are appropriate for the use. We are asking for an special exception on the restriction of hours of operation. 2. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. This will be consistent with the Shoppes on the Boardwalk design and a much improved construction. The west is bordered by a vacant lot, East by the Taylor Creek, North by a commercial building and south by commercial building. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. The creek is on the east side, the north side has natural trees and brush, vacant overgrown property to the west. South will be consistent with the development landscaping. 4. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use; or explain how the nature of the use creates no such potential problems. The events will take place inside the building thus eliminating any exterior noise. All the properties adjacent are either vacant or will be under development for similar use. 5. Demonstrate how the utilites and other service requirements of the use can be met. The installation of required water sewage and FPL availability. 6. Demonstrate how the impact of traffic generated will be handled, off site and on site. The facility will have 2 main exit routes. South of US 70 and West of US 441. Parking will be available on site in conjunctio ith additional development parking. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board/BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 7/08 Page 4 of 10 David and Anita Nunez 610 North Parrott Ave Okeechobee, Fl 34972 (863) 467-0611 RE: Findings Required for Granting a Special Exception 1. The use is not contrary to the Comprehensive Plan requirements. The re -zoned land use was granted on 2. The use is specifically authorized as a special exception use in the zoning districts. We are asking for a special exception on change of hours use for the property zoned light commercial. 3. The use will not have an adverse effect on the public interest. The use will not have an adverse effect on the public interest. It is going to improve the community by beautification and bring in opportunity for growth and stimulate employment. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. There is consistent land use. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. The proposed facility will not adversely affect property values or living conditions. This will better the community and all surrounding. 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. We will comply with required screening as deemed necessary. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. No additional burden �n utility services and schools. There will be sufficient traffic flow through streets. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. There is enough distance from the main road that there won't be any congestion. The flood areas have been addressed by the city. No evidence that public would not be safe. Petition No. 0?-6)3(2) Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners 1 hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate fist of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of Dee ext ,,_ , 2. 005 and the assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this / QTY day of , 2608 A-R,ey N5Luoiter. Name of Applicant (printed or typed) State of Florida County of Okeechobee /a Date Swom to apd subscribed before me this /9 day of Z e/6(113ER' , 200g . Personally known to me J or produced as identification and did not take an oath. Seal: otary Pub , t of Florida 1407) 314-0133 KIMBERLY L ANDERSON MY COMMISSION* DD81260, EXPIRES August 08, 2012 Feaaamstursarvecoom Revised 7/08 Page 8 of 10 City of Okeechobee 55 SE 3"' Avenue Okeechobee, FL 34974 Tele: 863- 763 -3372 Fax: 863 - 763 -1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): %, f CR/Q c/ 6 • Ju. A2—,CE Z Mailing Address: _ &V if )007-i P _!l r n fi la() P.? .34/9.72 Home Telephone: q4,-7, 06, / / Work: Cell: Property Address: 'f Q / n6' c 3 o •� 5 (C97 2, Parcel ID Number: �3 /5- 3 � � 3 5 — ) 16 — d We LP - t9")10 Name of Applicant: An i rA nu n Home Telephone: Ckp 9 . Q%o f is Work: Cell: 40_5((- (2 ? The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF 20 OWNER OWNER Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property descrn -ve and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this day of %,60E_ 1 Ra 20 Notary Public's': & ditA0 Commission Expires: 8 - b vi Revised 7/08 11 SEAL KIMBERLY L ANDERSON oi MY COMMISSION a D0812801 EXPIRES August 08, 2012 1407) US-0133 FIOiWeNoewlr$nv+w.00m Page 10 of 10 om ∎q27:; -�� 994±%J\ Tf w «e ±±* a t v � w, &!# r ` c# 29 z f »% < Return m: D & A Properties, (Nunez), Inc. 610 North Parrott Avenue Okeechobee, FI 34972 This Instrument prepared by Jerry W. Suarez 3679 NW 6 Avenue Okeechobee.F1 34972 Parcel !)S�A`�P 37 -35- 0010-01160-0070 Grantee(s) it A: 20- 0721573 } CPACE ABOVE THIS LINE FOR PROCESSING DATA This p0.4 Claim Deed, Executed this /r day of July, 2008, By Jerry W. Suarez, fi>party to D & A Properties, (Nunez), Inc., whose post office address is ti9hNorth Parrott Ave, Okeechobee, FL 34972, the second party. (Whenever us&)1 rein the terms "first party" and "second party" include all the partiet�lTirp this instrument and the heirs, legal representatives and assigns of ividuals and successors and assigns of corporations wherever the contis, so admits or requires.) Witnesseth,iat the first party, for and in consideration of the stun FILE INN IIIMINOVI NIV 08376 OR BK 00657 PG 0190 SHARON ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 07/17/2002 01:01147 PM At1T 10.00 RECORDING FEES 10.00 DEED DOC 0.70 RECORDED BY G Meibourn P9 0190; (1ss) of $10.00 (Ten Do ars) in hand paid by the second party, the receipt whereof is hereby a wledged, does hereby remise, release, and quit claim unto the secon rty forever, all the rights, interest, claim and demand which the said at party has in and to the following described lot, piece or parcel o - .•n,¢, situated, lying and being in the County of Okeechobee, State of Fl :.iii`a, to wit: Lots 7 to 12, Inclusive, of Block 1 : , a keechobee, According to the plat thereof recorded in plat book 2, page 17, public records of page F 1, • tic records of Okeechobee county, Florida, and said plat being recorded in plat book 5, page' public records of Okeechobee County, Florida. To Have and to Hold Thei*ne together with all and singular the appurtenances thereunto belo C,9 or in anywise appertaining, and all the estate, right, title, interest`en, equity and claim whatsoever of the said first party, either in laiadr,equity to the only proper use, benefit and behoof of the said second piir. forever. To Witness Whereof, the said first party has signed and sealed these presents the day and year first above written. �� c9fanbor Signature erty W. Suarez Name 3679 Nyy fith Ave Post office Address Okeechobee. FI 34972 d and delivered in the presence Printed Name Witness Signature (as to Co-Grantor, It any) Printed Name Oldness Signature (as to Co- Grantor, if any) Printed Name STATE OF FLORIDA, COUNTY OF OKEEECHOBEE Afrairinez Co-Grantor Signature, (11 any) Printed Name Post Office Address I hereby Certify that on this day, befogs me, an officer duty authorized to administer oaths and take known to me to be the t% personally ec b In and person _described In and who executed the f1 , , instrument, who . , . , .1 before me that HelSheIThey executed the same, and an oath was taken. (Check one) $8 lid person(s) is are personally known to me. ,QSaid person(s) provided the following type of identification: NOYARY SEAL Witness my hand and I seal int� County and CHERYL L. ZRIO% 1 last , N1ri : , day or,11� 1 Y teas. aa,g Notary Dubko • Stab ot Hotta Mr Compassion baton No. 8, 200 Commbslan O 02 612562 Omdod 1NpINtiNInuY Noisy Aam Book6571Page190 CFN #2008008376 Page 1 of 1 Okeechobee County Property Appraiser - Map Printed on 12/10/2008 9:38:51 AM Page 1 of 1 3 -15 -07-35 -0010 -01160 -0070 SUAREZ JERRY W 1.032AC j 5/3.2008 - $180,000 -1,0 Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863 - 763 -4422 PARCEL: 3- 15- 37 -35- 0010 -01160 -0070 - SINGLE FAM (000100) CITY OF OKEECHOBEE LOTS 7 TO 12 INC BLOCK 116 Name: SUAREZ JERRY W LandVal $110,160.00 Site: 701 NE 3RD ST, OKEECHOBEE BldgVal $67,859.00 Mail: 3679 NW 6TH AVENUE ApprVal $178,384.00 OKEECHOBEE, FL 34972 JustVal $178,384.00 Sales 7/18/2008 $0.001/ U Assd $178,384.00 Info 7/17/2008 $0.001/ U Exmpt $0.00 5/9/2008 $180,000.001/ Q Taxable $178,384.00 This information, CAMA Updated: 11/21/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http: / /www.okeechobeepa.com/GIS/Print Map. asp? pjboiibchhjbnligcafcefocnflcfdfefdbbl ... 12/10/2008 suarez_within_300_ft, 12110/2008, Page 1 QS36FOKI QS36F_OK_3 3-15-37•35-0010-00010-001D LIGHTSEY RICK A & BONITA 8 3-15-37-35-0010-00010-001F GRIFFIS CHARLES J 3-15-37-35-0010-00010-001K NUNEZ DAVID JR & ANITA S 3-15-37-35-0010-01140-0070 WATFORD DOWLING R TRUSTEE & 3-15..37..35..0010-01150-0050 WATFORD DOWLING R TRUSTEE & 3-15-37-35-0010-01150-0080 GRIFFIS CHARLES J 3 15-37-35..001001160-0010 LIGHTSEY RICK A & BONITA 3•15-37-35-0010•01160•0020 LIGHTSEY STEWART R & MARY K TR 3-15-37-35-0010..01160-0040 LIGHTSEY RICK A & BONITA B 3..15-37-35-0010-01160-0070 SUAREZ JERRY W 3..15-37.-35..0010-01170-0010 LIGHTSEY RICKY ALLEN 3-15-37-35-0010-01170-0020 LIGHTSEY RICK A & BONITA B 3-15-37-35-0010-01170-0040 B & R ENTERPRISES OF OKEECHOBE 3-15-37-35-0010..01170-0070 BRYANT VERA H 3-15-37-35-0010..01170-0100 LIGHTSEY RICK A & BONITA 3-15-37-35-0010-01460..0010 GREEN HARLEY M & DOROTHY L 3-15-37-35-0010-01460-0020 MCCROCKLIN ROBERT C (TRUSTEE) 3-15-37-35-0010-01460-0040 BURDESHAW KEVIN W & CAROLYN J 3..15-37-35-0010-01460-0100 PEACOCK DANNY R & DEBBIE L 3-15-37-35-0010-01470-0010 JOE LOUIS LAWSON CONSTRUCTION 3-15-37-.35-0010..01470-0040 RAYA LIDUVINA 3-15-37-35-0010-01480-0010 NUNEZ DAVID JR & ANITA S 3-15-37-35-021A•00000-0030 RYAN JO ANN M & FRANK 3-15-37-35-0214-00000-0040 KOENIG MATHIAS C & ELAINE L 3-15-37-35-0214-00000-0050 BROWN JENNIFER ANN, ETAL 3-15-37-35-021A-00000-0060 MARSHALL DOUGLAS R SR & BEVERL 3-15-37•35•021A-00000-0070 CROSS STELLA H & LUSTER BILLY 3-15-37-35-021A-00000-0080 BREWER KAY CARRINGTON & MAR. . 3-15-37-35-0214-00000-0090 ELARDI DOREEN 3-15-37-35-021A-00000..00M BAUGHMAN JAMES & HOLT KIM 3-15-37-35-0214-00000-0100 MCLEOD-COLE CAROL ANN 3-15-37-35-0214-00000-0120 GRAY JEROME M SR & IRENE K & 3-15-37-35-0214-00000-0130 ROWNEY ROBERT J & BEVERLY 3-15-37-35-021A-00000-0140 MAHNKE HAROLD J & CAROL 3-15-37-35-021A-00000-0150 MICHAELS ADLAI E (LIFE ESTATE) 3-15-37-35-0214-00000-0160 NEHLSEN BERNICE & NEHLSEN SAM 3•15-37-35-021A-00000-0170 MINTON FREDDIE L & MINTON RUBY 3-15-37-35-0214-00000-0180 LEANDER JOHN W JR 3-15-37-35-021A-00000-0190 JORDAN CECIL E & BETTY JO 3-15-37-35-0214-00000-0210 CONRAD BRUCE F & LOUISE E 3-15-37-35-0214-000000220 TINSLEY GAIL I 3-15-37-35-0214..00000-0260 MORRIS GEORGE CHARLES 111 ETAL 3-15-37-35-021A-00000-0270 MORRIS GEORGE C JR & DOROTHY E 3-15-37-35-0214-00000-0280 MAMMARELLI KELLY B C1S36F174 QS36F_175 502 NE 6TH AVENUE P0 BOX 1131 2085 SE 4TH STREET WATFORD MARTHA B TRUSTEE PO BOX 518 WATFORD MARTHA 13 TRUSTEE PO BOX 518 P0 BOX 1131 502 NE 6TH AVENUE 700 NE 4TH ST 502 NE 6TH AVENUE 3679 NW 6TH AVENUE 502 NE 6TH AVENUE 502 NE 6TH AVENUE 2525 NE 131ST LANE 601 NE 3RD ST 502 NE 6TH AVENUE 209 NE 7TH AVE 604 NE 3RD ST 602 NE 3RD ST 205 NE 7T11 AVENUE LAWSON MASONRY & CONST... 1190 QUEEN ST 310 NE 7TH AVENUE 2085 SE 4TH STREET 105 NE 8TH AVE (LIFE ESTATE) 130X 64, SPEDDEN 14088 SW 144TH PARKWAY 1307 S PARROTT AVE LOT # 62 201 NE 8TH AVENUE 203 NE 8TH AVE % BLUE HERON GOLF/COUNT... 205 NE 8TH AVENUE GRAY JEROME M JR 620 MARYLAND AVENUE 213 NE 8TH AVENUE 301 NE 8TH AVENUE 303 NE 8TH AVE 302 NE 8Th AVENUE 300 NE 8TH AVENUE 212 NE 8TH AVENUE 210 NE 8TH AVENUE 208 NE 8TH AVE 200 NE 8TH AVENUE 116 NE 8 AVENUE 114 NE 8TH AVENUE 107 NE 8TH AVENUE ALBERTA CANADA TOA-3E0 QS36F 177 OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE TITUSVILLE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE 1925 SOUTHEAST 9TH AVENUE OKEECHOBEE OKEECHOBEE 209 NE 8TH AVE OKEECHOBEE OTTAWA OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE QS36F... 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TI YFj Wrf.� Fj s?!•°9,Ot• z°4 ip/ 1 PPEPAREO FOR 01 arm NI 4 L 1&3 far V jtl I-GTY. P e weG1t7Ef10E yr Q R 95, nr(C) 31.7 co 0 SOO'12'SrEy 150.411F1 SO* Or29'E t50'(P) 500•1rorE 167.SW(F) Q DAVID $ API I TA I`U'EZ Lid/if Craven w. t7l'44AYG, PGTI .5178 4 n M. 6TH At ITH Ale g IP 1 100'1/0 n a 7 4 Avert omLool1E/= GTRE ET 1 P 1 70'R/0 900'11'03•E no. 72'(C1 SO• or 29•E 215'1P) PG IT 1 570 •40'S2•E at (*(0) LIDEfl1Jr1Ys 'LAND SQJ118VETRIG1 41! 4 606 W.flORTH PARK GTREET '4^ ""'8.0 FLORIDA '54972 -4155 Maim 863 - 467 -8889 FAX 467-8111 h wSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that' qe attac, }e4 copy of advertisement being a V I( C fV (f-/ C-e_ in the matter of %c*tc.e OF CohSic! cL.14or) in the 19th Judicial District of the Circuit Court' of Okeechobee County, Florida, was published in said newspaper in the issues of ant1 c -t j SG 1 F4iruc'- y /37 Zoo Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, 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, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. wand subscribed before me this day of /� fVa-ate- 411°a�� ary Public, State of Florid at Large o` Y °°e4 Janetta Thiboult Commission # DD505311 "4 o� Expires January 10, 2010 of c,59- Bonded Troy Fun equate. Inc 800- 3664019 (863) 763-3134 NOTICE OF CONSIOSIMON OF PROPOSED SPECIAL EXCEPTION NOTICE: A PUBLIC HEAR8l6 re be taid before the City d Okeechobee P Board/Board of PAM** and Appals on ikr*ay, BMW 111, 2886 ■ 611vxoros land*ospoe$bt The *wNbe held Italy lid, 55 SE 3rd Punta lb the Card Clambers, Room 200, 0boec b*R Rodda To outsider Spec$Exceplon Polio No. 09-001-SE, *Wet by groper* ,lorry Suarez, to slow a cornered k,door mcaotlon hay Win a017 Matt (Rot Code Book Section 60- ). Property is located at 701 NE 33 d Lepel des alt** Perm One: Lots 7 b 12, lockr ive of Block 116, Obeedabs. plat ��„ Plat e a %ft. and Is uorodniddy 1.04 acne; laced* with Parcel Toro: bi ieen 10, Pli Book 5 Pips-5 Public Records of Mediates Coly,,, of land "de=Idng 1 Tw pd a dst a r d d a prods b reoudedin • QR. Public Count% Florlde comer of Lot 1 d Back it6.0laechobee t ailg h fie rie.Sa in Plat Book 5, Page 5,alPeedloftKeredlearnof 0laedmbfe Coat Rodda.. Theme W N0.1 ofTaplor Creek Warded r In Pled BB000k 3,.ac 29, ePljlIcy in said Block 11 corm lot 124 aaid Block foot 116 indite being ea Na6wat carter of Peal 3 d said Plat No. 1 of Taylor Creek Via- trailed: fiance M along �y8s�V8*86n d sad Parcel 3, to 6a Meda d �Se_ w N� M Eat dap std marine d aid Northeast 3rd Skit Rome Shot) ended East to 6a Wearn Shoals of Taylor Crook thence M Northekdpe said Masten) Swine otWor Creak. to 6a ktaastdol1'ylh the eadlrim d said STOo iltlirdkE*Btlin�tdniitViter '6aveni abl.6aidal- A copy d b may be ahfaki�ed fiat and * (y� O f6 aces BOMB or cued to Smart Suites 763-3372 x218:.P1eae biadvlaM riat serveuea,dW*6mfgbodypu MddNl,m the C� 4 appora dderp 4oedel Ex octal lraa+ PLEASE TAIO: NOME NC BE AD 1SE 2ke k any perfon desks to appall ay *Non no.dee. bh�yer8*gPo Poring Baad * raped to my mar conldared a is made, *Mt mcadloclodes 6a enraa a andlwia dos 6rproceedings pal is P forte be b� Santos m ore used tot pa sole ptapoae d by aceamance *Ohs the Amrtra 8681 D9WNOa r d 0aonn d Ronde Sakes 286.26, prpaa 15diebillla aeding specal to participate In this proceeding should coact NO no ialr Garr too (2) woib W days prior h, �thopD csidYgg at 063-703372 a 214 Y,you am Wing or vote to- B� Brian k8at0g Zoning Mc ar 1'B00A56 8771(TT). Petilion No. 09-001-SE 30905108 1130';7!13100 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 - 334 -3366 Fax: 239 - 334 -6384 LaRue Planning & Management Services. Inc. Staff Report Special Exception Request Prepared for: City of Okeechobee Applicant: ,Terry W. Suarez Petition No.: 09-001-SE Staff Report Special Exception Request Applicant's Name: Jerry Suarez Petition No. 09- 001 -SE General Information: Contact Person Owner Address: Contact Phone: Kim Anderson 610 N Parrott Avenue Okeechobee, FL 34972 867 - 467 -0611 Legal Description of Property LOTS 7 THROUGH 12, INCLUSIVE, OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT BEING RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND SAID PLAT BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND BEING COMPRISED OF ONE OF THE PARCELS OF LAND AS RECORDED IN OFFICIAL RECORDS (O.R.) BOOK 645, PAGE 1370 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116 AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL3, TO THE CENTERLINE OF N.E. 3RD STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. Staff Report Special Exception Request Applicant's Name: Jerry Suarez Petition No. 09- 001 -SE Adjacent FLUM Classifications, Zoning Districts, and Existing Land Use Norj, East: South: West Future Land Use Map Single Family Zoning District: sting Land Use Future Land Use Map Classification: Zoning District:` Existing Land Use: Future Land Use Ma Ciassificatio' Zoning District: Existing Land UsJ`' Future Land Use Map Classification: ing District: Existing Land Use: RSF1 and Holding Apache Airboats and Vacant Single Family RMH Mobile Homes across Taylor Creek from Subject Si RSF1 and CHV Mobile home and vacan Single Family RSF1 Vacant Item before the Board of Adjustment: The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception in the CLT Zoning District for a convention/ banquet hall at 701 NE 3rd Street. Description of the S" . • • n: The subject property has a Future Land Use Map designation of Commercial and the City Council previously approved rezoning to CLT. The Applicant briefly lists the proposed use as a convention /banquet hall. However, previous discussions with Ms. Nunez who, it is our understanding, is actually developing the property indicates the proposed use is for a multi - functional building for social, religious, political, holiday, sports and other special events. The proposed use is considered "commercial indoor recreation" and is allowed as a Special Exception under Sec. 90- 253(6) in the CLT zoning district. It is further our understanding that the structure housing the proposed use will be a single -story structure and may be in use until as late as 2:00 AM, but that all activities will be conducted wholly within the building. Page -3- Staff Report Special Exception Request Applicant's Name: Jerry Suarez Petition No. 09- 001 -SE Consistency with Land Development Regulations: Section 70 -373 (b) requires that the Applicant address, during his /her presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has submitted brief statements addressing these standards and the Applicant's responses are provided below for your consideration. (1) Demonstrate that the proposed location and site are appropriate for the use. 'We are asking for a special exception on the restriction of hours of operation." (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "This will be consistent with the Shoppes on the Boardwalk design and a much improved construction. The west is bordered by a vacant lot, East by the Taylor Creek, North by a commercial building and south by a commercial building." Demonstrate any landscaping techniques to visually screen the use from adjacent uses; or explain why no visual screening is necessary. "The creek is on the east side, the north side has natural trees and brush, vacant overgrown property to the west. South will be consistent with the development landscaping." (3) (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. (5) "The events will take place inside the building thus eliminating any exterior noise. All the properties adjacent are either vacant or will be under development for similar use. Demonstrate how the utilities and other service requirements of the use can be met. "The installation of required water sewage and FPL availability." (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "The facility will have 2 main exit routes. South of US 70 and West of US 441. Parking will be available on site in conjunction with additional development parking." Page -4- Staff Report Applicant's Name: Jerry Suarez Special Exception Request Petition No. 09- 001 -SE When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c)(1) — (8). The required findings and are listed below followed by the Applicant's statements in Times Roman typeface after which are the Staff comments pertaining to these findings: (1) The use is not contrary to the Comprehensive Plan requirements. "The rezoned land was granted on ,, The property is designated Commercial on the Future Land Use Map; was rezoned to CLT in October of 2008; and the proposed use is not contrary to any provision in the Comprehensive Plan. (2) The use is specifically authorized as a special exception use in the zoning district. (3) "We are asking for a special exception on change of hours use for the property zoned light commercial." Section 90 -253 specifically authorizes commercial indoor recreation as a special exception use in the CLT district. The use will not have an adverse effect on the public interest. "The use will not have an adverse effect on the public interest. It is going to improve the community by beautification and bring in the opportunity for growth and stimulate employment." It is not expected that a convention /banquet hall will have an adverse impact upon the public interest in general; but special care may be necessary to ensure that nearby properties are not adversely affected. (4) The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "There is consistent land use." As can be seen on the maps and aerial at the end of this report, the subject property is surrounded by properties designated Single - Family on the Future Land Use Map and zoned for residential uses, except for the property associated with the Shoppes on the Boardwalk which is adjacent to the southeastern most corner of the subject property. This property has been approved for a variety of commercial uses. The only other area specifically in commercial use is the Page -5- Staff Report Applicant's Name: Jerry Suarez Special Exception Request Petition No. 09-001-SE Apache Airboats operation, a nonconforming use immediately to the northwest of the subject property. It is because of the primarily residential context of most of the surrounding property that the subject property has been zoned CLT. Consequently, Staff believes that in order to ensure compatibility, any approval of the requested special exception use should include provision to protect adjoining or nearby noncommercial properties. These conditions could include limiting evening and nighttime hours of operation; requiring that all activities be undertaken entirely within a building, prohibiting external amplified music or the use of loudspeakers; requiring the building to be located between parking and Taylor Creek so as to minimize the potential nuisance impacts vehicular lights and noise associated with attendees of functions, mainly when leaving an event in evening or nighttime hours; and possible increased setbacks of the building and parking areas from residentially zoned properties to the north. (5) The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "The proposed facility will not adversely affect property values or living conditions. This will better the community and all surrounding. Staff believes that with adequate protective measures, such as those described in 4, above, it can be ensured that the proposed use will not adversely affect property values or the living conditions of persons residing or who may reside in the future on nearby residentially zoned properties. (6) The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. "We will comply with required screening as deemed necessary. Assuming the primary structure is only a single -story building with activities limited to within the building, special screening will likely only be needed to protect adjacent properties from the effects of parking associated with nighttime events. The specifics of buffering, screening or the locations of parking and the building will be addressed by the TRC taking into consideration the concerns that the Board of Adjustment may include in its approval of the special exception. Staff Report Applicant's Name: Jerry Suarez Special Exception Request Petition No. 09- 001 -SE (7) The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "No additional burden on utility services and schools. There will be sufficient traffic flow through the streets. Density is not an issue, and the intensity of the proposed use is not expected to overburden public utility services and will have no impact on school facilities. Ms. Nunez has submitted a preliminary traffic analysis of the entire Shoppes on the Boardwalk development for consideration during the site plan review of the first phase of the project. This analysis included consideration of the banquet hall using traffic generation figures for a church. We do not feel that a church is the most appropriate basis for determining the traffic impact of the proposed convention /banquet hall. However, we believe that before the site plan review is undertaken for any development beyond Phase I of the Shoppes on the Boardwalk project, a revised analysis should be submitted that uses a more appropriate land use category, such as a multi - purpose recreational facility or recreational community center, for determination of the traffic impact of this use. For the purpose of reviewing this request for the special exception, we do not expect that the proposed use, by itself, will cause traffic congestion or overburden the local streets. If during the site plan review, including review of a revised traffic analysis, problems are identified, they can be corrected by requiring traffic improvements or limiting the size of the facility. (8) The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "There is enough distance from the main road that there won't be any congestion. The flood areas have been addressed by the city. No evidence that the public would not be safe. As noted in item (7), traffic congestion is not expected specifically as a result of the convention /banquet hall. Given sound drainage and stormwater management one would not expect flooding or drainage problems. These issues will be specifically addressed by the TRC during its review of the project's site plan. Staff Report Special Exception Request Applicant's Name: Jerry Suarez Petition No. 09- 001 -SE Reco • • . •n: Based upon the foregoing analysis and findings, Staff recommends that Petition Number 09- 001 -SE be Approved with the suggestion that the approval include direction that the TRC consider the Board's concerns relative to the potential for negative impacts upon adjacent and nearby residentially zoned and /or residentially used properties; particularly: 1. limiting evening and nighttime hours of operation; 2. requiring that all activities be undertaken entirely within a building; 3. prohibiting external amplified music or the use of loudspeakers; 4. requiring the building to be located between parking and Taylor Creek so as to minimize the potential nuisance impacts vehicular lights and noise associated with attendees of functions; 5. possible increased setbacks of the building and parking areas from residentially zoned properties to the north; and, 6. a revised traffic analysis should be submitted that uses a more appropriate land use category, such as a multi - purpose recreational facility or recreational community center, for determination of the traffic impact of this use. Submitted by: James G. LaRue, AICP Planning Consultant February 11, 2009 Attachments: Future Land Use Map, Zoning Map, and Property Appraiser's Aerial Photograph 1ST Hearing — Board of Adjustment, February 19, 2009 Staff Report Special Exception Request i t w z NE 3rd St. Applicant's Name: Jerry Suarez Petition No. 09- 001-SE FUTURE LAND USE SUAREZ PROPERTY AND ENVIRONS NE 2nd St. (paper street CITY LIMITS OSUAREZ PROPERTY I SINGLE - FAMILY MULTI - FAMILY 200 0 200 400 Feet 1 RESIDENTIAL MIXED USE Egn COMMERCIAL I INDUSTRIAL F-j PUBLIC FACILITIES 41 Staff Report Special Exception Request > 118 Applicant's Name: Jerry Suarez Petition No. 09- 001-SE ZONING SUAREZ PROPERTY AND ENVIRONS NE 3rd S 146 NE 2nd S . (paper street CITY LIMITS D SUAREZ PROPERTY —1H RSF1 RMH O RSF2 RMF CPO CLT CBD IJICHV I ND PUB PUD-R PUD -M 200 0 200 400 Feet Staff Report Special Exception Request Applicant's Name: Jerry Suarez Petition No. 09 -001 -SE Okeechobee County Property Appraiser's Aerial MH = MOBILE HOME V = VACANT Page -11- City of Okeechobee Draft Historic Preservation Ordinance ARTICLE 1. GENERAL Section 1-10.2.1. Short title. This ordinance shall be known as the "City of Okeechobee Historic Preservation Ordinance., on 1 -10 :sue Purpose. (1) It is hereby c1d as a matter of public policy that the protection, enhancement, and perpetuation of properties of historical, cultural, archaeological, aesthetic and tectural merit are in the interests of the health, prosperity and welfare of the people qty of Okeechobee. (2) The' purpose of this Ordinance is to protect the significant historic resources of ity of Okeechobee, to the maximum extent practicable, in accordance with the goals and lies of the City of Okeechobee Comprehensive Plan, by providing procedures for the designation and subsequent review of certain types of changes that are proposed for these resources. (3) to: The safeguarding of the historic resources in City of Okeechobee is also intended a. Foster civic pride in the accomplishments of the past; b. Protect and enhance the City's historical heritage and provide an economic stimulus through heritage tourism; c. Promote the protection and maintenance of individual sites and districts in public acquisition programs for the education, pleasure and welfare of the people of City of Okeechobee; and d. Encourage adaptive use of historic resources by giving them priority over activities that would harm or otherwise destroy their historic value. e. Enhance property values f. Stabilize neighborhoods and business centers. g. Increase economic and financial benefits to the City and its inhabitants. h. Combat blight. i. Promote historic awareness in the City. j. Enhance the visual and aesthetic character of the City. k. Protect and enhance the archaeological resources of the City. 1 (4) In addition, the provisions of this Chapter will assist the City and property owners to be eligible for federal tax incentives, federal and state grant funds, and other potential property tax abatement programs for the purpose of furthering historic preservation activities, including, but not limited to, Section 193.503, Florida Statutes, and the National Register of Historic Places program. (5) This ordinance is intended to and shall govern and be applicable to all property located within the City of Okeechobee, Florida. (6) oric preservation ordinance shall be filed, and it shall address the folio sections: the establishment of a Historic Preservation Committee governed by O Main Street, Inc.; the creation of a process to designate historic buildings, andscape features, roads, objects, structures, and archaeological sites; a s of re 's ``.. for issuing certificates of appropriateness, and an appeal process. Okeechobee M eet, Inc. shall submit the ordinance to the National Register of Historic Places for £; Cation of eligibility for the 1981 Economic Recovery Tax Act, as amended. The City of Okeechobee Register of Historic Places is hereby created as a means of 'tifying and classifying various sites, buildings, structures, objects and districts as histori •'significant. n 1- 10.2 -3. Definitions (1) Adaptive use: The process of converting a building to a use other than that for which it was designed. (2) Addition: A construction project physically connected to the exterior of a historic building. (3) Alteration: Any change affecting the exterior or appearance of an existing improvement by additions, reconstruction, remodeling or maintenance involving change of color, form, texture or materials, or any such changes in appearance of specially designated interiors. (4) Archaeological site: A single specific location that has yielded or is likely to yield information on local history or prehistory. (5) Archaeological zone: A geographically defined area which may reasonably be expected to yield information on local history or prehistory based upon broad prehistoric or historic settlement patterns. (6) Artifact: Any object that is a product of human modification or objects that have been transported to a site by people. 2 (7) Building: A resource created principally to shelter any form of human activity such as a house, barn, church, hotel or similar construction. (8) Board: The City Council of Okeechobee (9) Certificate of Appropriateness: A certificate issued by the Historic Preservation Committee or its designated staff, which permits certain alterations or improvements to a designated individual site or a property within a historic district. (10) to to Dig: A type of certificate of ar'rik,F.;ateness required by the City for ce and disturbing activities, such as filling, grading, and the removal of ve % ti ► fir. d trees but excluding swimming pool excavation. Certi ` cal Government A government satisfying the requirements of the National Histo eservation Act Amendments of 1980 (Pi. 96 -515) and the imp enting of r ns of the U.S. Department of the Interior and the State of o Y Division of 3 i'storical Resources. A government that is certified will review all Lions to the National Register of Historic Places within its jurisdiction prior to s at the state and federal levels. (12) ''ributing resource: A building, site, landscape feature, object, structure, or ch gical resource that adds to the historic associations, historic architectural es, or archaeological values for which a property is significant because it was ent during the period of significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important historical information. (13) Demolition: The act or process of wrecking, destroying or removing any building or structure, or any portion thereof. (14) Designated exterior. All outside surfaces of any building or structure that is individually listed or listed in the designation report as having significant value to the historic character of the building or district. (15) Designation report A document prepared by the Historic Preservation Committee for all properties or districts that are proposed for local historic designation. The report, at a minimum, must include a boundary description of the proposed site or district, an evaluation of its significance as it relates to the criteria for significance, location maps, representative photographs and a physical description of the historic resource(s). (16) Earthworks: Earthworks consist of linear ridges, circular embankments, and causeways constructed of earth and/or shell, as well as their associated borrow pits, and both linear and circular ditches. These are most often associated with other pre- contact features such as mounds or middens, but they may occasionally be encountered in isolation. 3 (17) Excavation: Any mechanical or manual removal of rock, consolidated or unconsolidated soil material, sand, or vegetation. "Excavation" includes, but is not limited to, dredging, draglining, bulldozing, scraping, digging, scooping, or hollowing out. (18) Exceptional historic resource: A cultural or historic resource which would reasonably meet national, state or local criteria for historic designation and meets one or more of the , . flowing criteria: a. It is one of a kind or one of the last of its kind in the City; or falls a category of resources so fragile that survivors are unusual. It possesses a design value quickly recognized as historically the architectural or engineering profession. c. $fit falls within a category of those resources for which the community has an unusually strong associative attachment; or reflects the extraordinary impact of a political or social event. d. It is an integral part of a district that is eligible for listing in the ational Register of Historic Places. e. Retention of the historic resource promotes the public good of the City by providing an opportunity to interpret history, architecture and design. (19) Historical Commission: The Design Committee of the Okeechobee Main Street Organization. (20) Historic district A geographically defined area possessing a significant concentration, linkage or continuity of buildings, structures, objects, improvements or landscape features, united by historic events or by plan or physical development, and which area has been designated as a Historic District pursuant to procedures described herein. (21) Historic landscape feature: Individual plants, such as a specimen tree, or groups of plants, such as a hedge, allee, agricultural field, planting bed, or a naturally occurring plant community or habitat, with historical significance. (22) Historic Preservation Committee: A citizen advisory committee established in accordance with Article HE of this ordinance. (23) Historic Preservation Officer. A person appointed by the City Administrator to serve on the Historic Preservation Committee. That person shall be experienced in, or 4 knowledgeable about, architectural history, urban design, historic preservation principles, planning and land use regulations. (24) Historic Preservation Trust Fund: The Okeechobee Main Street, Inc. Historic Preservation Trust Fund created for the purpose of funding the preservation of historic resources within the unincorporated areas of the City. (25) Historic resource: Any prehistoric or historic district, site, building, object or other real • __. rsonal property of historical, architectural or archaeological value. The properti include, but are not limited to, monuments, memorials, habitations, cere . sites, abandoned settlements, sunken or abandoned ships, engineering works, try -� , artifacts, or other objects with intrinsic historical or archaeological value, r � y p� � of relating to the history, government or culture of the City, the State of ri a, or th . States of America. (26) ,, Interim protection measure: The interim period of time needed to protect a from demolin, relocation, alteration, or new construction until such period of provided by law passes for the property to be considered for designation as a historic s >.= +r historic district, or zone. (27) Register of Historic Places: The City of Okeechobee Register of Historic ( National Register of Historic Places: A federal listing maintained by the U.S. Department of the Interior of buildings, structures, sites, objects and districts that have met the criteria for significance contained in the National Historic Preservation Act of 1966 (as amended.) (29) Non - contributing resource: A building, site, landscape feature, object, or structure that does not add to the historic architectural qualities, historic associations or archaeological values for which a property is significant because it was not present during the period of significance or does not relate to the documented significance of the property and/or, due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity or is no longer capable of yielding important information about the period. (30) Object: Those objects that are primarily artistic in nature, or are relatively small in scale and simply constructed. It may be, by nature or design, movable; an object is associated with a specific setting or environment. (31) Ordinary maintenance and repair. Any exterior work for which a building permit is not required by law, where the purpose and effect of such work is to correct any physical deterioration or damage of an element, by restoring it as nearly as possible to its appearance using materials consistent with the original materials. 5 (32) Preservation: The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. (33) Rehabilitation: The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property that are significant to its historical, architectural and cultural values. (34) Res % rce of Exceptional Importance: A historic resource that is of exceptional import ''' e it is (a) one of a kind; (b) directly related to a major theme in the City Aopment; and (c) significant in multiple areas which can include history, ar landscape design, or archaeology. Resto • The act or process of accurately recovering the form and details of a property and its `$.gig as it appeared at a particular period of time by means of removal of Later work or b ib eplacement of missing earlier work and utilizing traditional ma • Scale: The character of any architectural work is determined both in its internal spa d in its external volume by the fundamental factor of scale, the relation between the in pace and exterior volume. Secretary of the Interior's Standards for Rehabilitation and Guidelines for R.- ''ilitation of Historic Buildings: A set of guidelines produced by the Department of the Interior that establish professional standards and provide advice and guidelines on the rehabilitation of historic properties and acceptable preservation treatments. The standards pertain to exterior and interior work on historic buildings. (38) Site: The location of a significant event, a prehistoric or historic occupation or activity, or a structure, whether standing, ruined, or vanished, where the location itself possess historic, cultural, archaeological, or paleontological value regardless of the value of any exiting structure. (39) City of Okeechobee Historic Resources Survey,: A survey that identifies the historic resources of City of Okeechobee. The survey results include mapping; photographic documentation; research into the date of construction and original uses; and a detailed description of each resource. (40) Special Certificate of Appropriateness: A Special Certificate of Appropriateness is required for work that includes: additions, alterations, new construction, relocations, or demolition, and for those instances when the proposed work is deemed to have a significant impact on the historic resource(s). The Historic Preservation Committee shall review the request. 6 (41) Standard Certificate of Appropriateness: A Standard Certificate of Appropriateness shall be issued by the staff of the Historic Preservation Committee when the work proposed is a minor alteration, routine maintenance or in -kind replacement as set forth in the rules adopted by the Historic Preservation Committee. (42) City of Okeechobee Register of Historic Places: A register of those individual cultural and historic resources and districts that have been designated as historic pursuant to this ordinance. (43) S of w color; eaetnac pc: A view or vista of a specific street, the distinguishing characteristics created by the width of the street and sidewalks, their paving material and ign of street furniture, the use of plant materials such as trees and shrubs, s, proportion and scale of those buildings that enclose the street. (44) Structure s se functional constructions made usually for purposes other than human shelter. Undue economic hardship: An exceptional fmancial burden that might otherwise punt to the taking of property without just compensation, or failure to achieve a reasle economic return. ection 0.2-4. Historic Preservation Trust Fund. (1,4 The Treasurer of Okeechobee Main Street, Inc., is hereby authorized and directed to establish in the accounts of Okeechobee Main Street, Inc. a Historic Preservation Trust Fund. The Treasurer shall deposit such funds donated or otherwise contributed to the City for historic preservation into the Okeechobee Main Street, Inc. Historic Preservation Trust Fund. (2) The Treasurer shall distribute the funds placed in the Okeechobee Main Street, Inc Historic Preservation Trust Fund, plus accrued interest, to undertake a historic preservation strategy as determined by the Board of Directors of Okeechobee Main Street, Inc.. ARTICLE II. HISTORIC PRESERVATION OFFICER Section 1- 10.2 -5. Appointment and duties. The City Administrator shall appoint an employee of the Board to serve as the City of Okeechobee Historic Preservation Officer. The appointee shall be knowledgeable and experienced in architectural history, urban design, local history, site planning and land use regulations. The Historic Preservation Officer shall: 7 (1) Schedule the meetings of the Historic Preservation Committee, prepare agendas, and ensure that proper notice of the meetings are afforded to the public and affected parties. (2) Prepare local historic designation reports and make recommendations to the Historic Preservation Committee as to whether or not they meet the designation criteria under Article IV of this ordinance. (3) Upon receipt of a completed application for a Certificate of Approp evaluate the scope of the project to determine whether it will be consi.j . for review as a Standard or Special Certificate of Appropriateness, and then pr s "€ ohs • lication as described in Article V and VI of this ordinance. (4) ",y = x tain and update the official inventory and map of historically designated sites istricts. ,k. (5) Prepay summaries of all decisions regarding applications to include the ria and conditions for approval or denial. 6) Review all plans for designated historic sites and historic districts, for their compI with the terms and conditions of applicable Certificates of Appropriateness or ertificate to dig prior to the issuance of a construction or vegetation removal permit. (7) Apply for preservation grants and actively participate in other historic preservation programs, such as the Historic Marker Program, administered by the Florida Division of Historical Resources, Bureau of Historic Preservation. (8) Serve as the Certified Local Government Coordinator between the Board and the Florida Division of Historical Resources, Bureau of Historic Preservation. ARTICLE III. HISTORIC PRESERVATION COMMI1 Section 1- 10.2 -6. Creation. The Okeechobee Historic Preservation Committee is hereby created and established as a committee of the Okeechobee Historical Commission. The Committee is hereby vested with the power, authority and jurisdiction to recommend local historic designations; issue Certificates of Appropriateness; and to regulate and administer the historical, cultural, architectural and archaeological resources in the City of Okeechobee, as prescribed by this ordinance and the direct jurisdiction and legislative control of the Board. 8 Section 1- 10.2 -7. Composition; qualification of members. (1) The Historic Preservation Committee shall consist of seven (7) members. Each one of the five (5) City Council members shall individually appoint one member of the Historic Preservation Committee whose term shall coincide with the term of the Council person who appointed that member. The Board shall collectively appoint the other two (2) at large members from the Historical Commission whose initial terms on the Historic Preservation Committee shall be established by resolution of the Board. Each member of � a Historic Preservation Committee shall hold office only so long as he or she is a . t of City of Okeechobee. To the extent practicable, the Board shall appoint prac Yvor retired professional members from the following disciplines who have de E y± a significant level of interest, experience or knowledge in historic Anthropology or archaeology Fx_ estate, land development or finance c. story, folklore or architectural history d. ' Conservation or curation e. Architecture or historic architecture f. Historic preservation g. Land use planning or historic preservation planning h. General or residential contractor i. Professional engineer In the event persons in such disciplines are unavailable, the Board may appoint individuals who have demonstrated a significant level of interest, experience or knowledge in historic preservation. (2) Special advisors may be appointed by the Board upon the recommendation of the Historic Preservation Committee. They shall serve as ex- officio members having no vote. The Historic Preservation Committee may also seek expertise on proposals or matters requiring evaluation by a profession not represented on the Historic Preservation Committee. (3) Members of the Historic Preservation Committee shall serve without compensation, but shall be reimbursed for necessary expenses directly related to the performance of their official duties. Section 1- 10.2 -8. Term; removal. (1) The term limit for service to the Historic Preservation Committee shall be two (2) consecutive four (4) year terms, not to exceed a total of eight (8) years. (2) An at large member of the Historic Preservation Committee may be removed from office only by a vote of the Board. 9 (3) Should a Historic Preservation Committee member fail to attend three (3) consecutive meetings, the Committee Chairman shall certify the same to the Board. Upon such certification, the member shall be deemed to have been removed and the Board shall fill the vacancy by appointment. Section 1- 10.2 -9. Organization. The mem . : of the Historic Preservation Committee shall elect members to serve as the Commi ». "'air and Vice- Chair, for a period of one (1) year. Nothing shall prevent the Histo n ervation Committee from electing a Chair or Vice -Chair for successive to storic Preservation Officer or such Officer's representative shall serve as e Historic Preservation Committee with no vote. Section 1- 10.2 -i0:° Meetings, records ) Meetings. The Historic Preservation Committee shall be required to hold ar meetings at least four (4) times a year or more frequently as may be necessary to the review and hearing requirements set forth in the this ordinance The Historic Pr "'` tion Committee may conduct special meetings as the Historic Preservation Co may determine, or at the call of the Chair for consideration of business before oric Preservation Committee. All meetings of the Historic Preservation ttee shall be publicly announced and shall be open to the public. Meetings will h • 2 e a previously advertised agenda. The time and place of the meetings, the order of business and the procedures to be followed shall be as prescribed by the Historic Preservation Committee and shall be available for public inspection. All meetings convened to consider local historic designation, Certificates to Dig or Special Certificates of Appropriateness shall be advertised at least ten (10) days prior to the meeting in a newspaper having a general circulation within the City of Okeechobee. (2) Voting. All Historic Preservation Committee meetings will be held in a public forum. A majority of the Historic Preservation Committee shall constitute a quorum, and an affirmative vote equal to a majority of the quorum present, whichever is greater, shall be necessary for the adoption of any motion. (3) Minutes. The Historic Preservation Committee shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, fmdings, determinations, and decisions. Such records shall be filed in the office of the Historic Preservation Officer and shall be open for public inspection. Section 1- 10.2 -11. Rules and regulations. The Historic Preservation Committee shall recommend to the Board such rules and regulations reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this ordinance. Such rules and regulations shall conform 10 to the provisions of this ordinance, shall not conflict with any applicable laws or regulations, and shall govern and control procedures, hearings and actions of the Historic Preservation Committee. No such rules and regulations shall become effective until a public hearing has been held by the Board upon the proposed rules and regulations, and any amendments or modifications thereto, and the same have been approved by resolution of the Board and filed with the Clerk of the Circuit Court. Upon approval by the Board, such rules and regulations shall have the force and effect of law within the unincorporated areas of City of Okeechobee, Florida. Section X12. Functions, powers and duties. The, ssti ervation Committee shall have the following powers and duties: (1) b mmend adoption or amendment of Rules of Procedure. � �, (2) Reco ,ltd designation of individual sites, and historic districts and arch 1pgical zones.:: 4 Initiate petitions for the designation of individual sites and historic Issue or deny Certificates of Appropriateness and Certificates to Dig. (5) Approve historical markers for properties listed in the City of Okeechobee Register of Historic Places. (6) Recommend building and zoning amendments to the proper authorities. (7) Establish criteria for staff to issue Standard Certificates of Appropriateness. (8) Review and update the City of Okeechobee Historic Resources Survey (9) Promote the awareness of historic preservation concerns throughout the community. (10) Review and make recommendations regarding the acceptance of donations of real property to the Board. (11) Recommend as appropriate that certain provisions of the zoning code be varied, amended or superceded as a means of encouraging historic preservation. (12) Contact public and private organizations and individuals for the purpose of arranging intervening agreements that may lead to the preservation of historic resources that might otherwise be demolished. 11 (13) Evaluate and comment upon pending decisions by other public agencies that affect the physical development and appearance of architecturally, archaeologically or historically significant sites, districts and archaeological zones. (14) Coordinate with the State of Florida's Division of Historical Resources Certified Local Government program as follows: . The Division shall be given thirty (30) days prior notice of all and within thirty (30) days following such meetings the Division shall rovided with the minutes and record of attendance of both the Committee and blic. The Division shall be notified of any change of Committee mem . ithin thirty (30) days of any changes in membership. ca � Notify the State Historic Preservation Officer within five (5) business • :' ` a all new historic designations or alterations to existing -designations. d. Any amendments to the ordinance shall be submitted to the State Historic Preservation Officer for review and comment at least thirty (30) days .prior to adoption. e. The Division of Historical Resources shall be provided with an ual report by November 1 covering activities of the previous October 1 through September 30 and shall include the following information: 1. Any changes in the Board's Rules of Procedure; 2. All new National Register listings; 3. All new local historic designations and alterations to existing designations; 4. Any changes to Board memberships and a copy of their resumes; 5. Revised resumes of Board members as appropriate; 6. Any amendments to this Chapter; 7. A review of survey and inventory activities with a description of the system used; 8. A program report on each grant- assisted activities; and 9. Number of projects reviewed. (15) The Historic Preservation Committee shall have the authority to review applications for Certificates of Appropriateness for all property in the City of Okeechobee, however owned, by either private or public parties. Except as otherwise provided by law, this shall apply equally to plans; projects or work executed or assisted by any private party, governmental body or agency, department, authority or board of a municipality, the City, or the State of Florida. 12 (16) The Historic Preservation Committee shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. The Committee shall give notice to the owner of the property at least thirty (30) days but not more than seventy-five (75) days prior to the Historic Preservation Committee meeting at which the nomination will be considered. The Committee shall also obtain approval by the Board for the nomination to the National Register, and these recommendations shall be given to the Board within thirty (30) days. The Committee shall obtain comments from the public that shall be included in the report ! . , ' g a recommendation. Objections to being listed in the National Register by pro k ''''' f ers must be notarized and filed with the Historic Preservation Officer. Wi o:-,,' (30) days after the Board meeting, the Committee recommendation shall be fo - a >' s the State Historic Preservation Officer. The State Historic Preservation r w 'j e further steps on the nomination in accordance with federal and state tions . oard supports the nomination, the State Historic Preservation Officer will schedule th "' tion for consideration by the state review board for the National Register at its next ` �.;: ar meeting. ARTICLE IV. DESIGNATION PROCESS AND PROCEDURE Seciih;.1- 10.2 -13. Criteria. •) The Historic Preservation Committee shall have the authority to :Alin' end designation of buildings, sites, districts, landscape features, roads, objects, strictures and resources as sites, districts or zones that are significant in the City of Okeechobee's history, architecture, archaeology or culture and possess an integrity of location, design, setting, materials, workmanship, feeling or association, and meets one or more of the following criteria: a. Significant Event — Associated with distinctive elements of the cultural, social, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, City of Okeechobee, the region, the state or the nation; or b. Significant Person — Associated with persons significant in the City, the region, the state or the nation's past; or c. Architectural Significance — Embodies the distinctive characteristics of a type, period, style or method of construction or work of a master; or that possess high artistic value; or that represent a distinguishable entity whose components may lack individual distinction; or d. Archaeological Significance — Has yielded, or is likely to yield information in history or prehistory; or e. Listed in the National Register of Historic Places; or 13 f. Aesthetic Significance — Is part of or related to a landscape, park, environmental feature or other distinctive area, and should be developed or preserved according to a plan based upon a historic, cultural, or architectural motif; or because of its prominent or special local, contrast of siting, age, or scale is an easily identifiable visual feature of a neighborhood or area or contributes to the distinctive quality of such neighborhood or area. (2) , Certain properties, which include cemeteries, birthplaces, properties trims institutions or used for religious purposes, structures that have been m their original locations, properties that have achieved significance within the ) years, and properties commemorative in nature will not normally be designation on the City of Okeechobee Register of Historic Places. w er, suc n . ' ies will qualify if they are integral parts of districts that do meet the criteria, or ' all within the following categories: a. religious property deriving primary significance from architectural or artistic distinction of historical importance; b. A building or structure removed from its location but which is y significant for architectural value, or is the surviving structure most portantly associated with an historic event or person; c. There is no other appropriate site or building directly associated with the life of a person significant in the City, the region, the state or the nation's past; d. A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; e. A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; f. A property or district achieving significance within the past fifty (50) years if it is of exceptional importance. Section 1- 10.2 -14. Procedures for historic designation. Properties that meet the criteria for local historic sites and local historic districts set forth in Section 1- 10.2 -12 shall be designated according to the following procedures: (1) Petition of the owner. The owner(s) of any property in the City of Okeechobee may petition the Historic Preservation Committee for designation of their property as an individual site or district. The Historic Preservation Officer shall, based on 14 its findings, either recommend a designation report be prepared or recommend denial of the petition. Nothing in this subsection shall be deemed to restrict the power of the Historic Preservation Committee to initiate the designation process pursuant to this section. (2) Directive of the Historic Preservation Committee. The Historic Preservation Committee shall either accept or deny the application. By accepting the application, the Historic Preservation Committee must set a date for a public hearing and shall direct., taff to complete the designation report and notify the proper parties of the public h Initiation by the Historic Preservation Committee - Based upon written from local, state or national historical organizations, the Historic ation 'mss " . 'ttee may initiate the designation of properties which would meet the criteria for an 3 .tional Historic Resource as defmed in Section 1- 10.2 -3(18) by g the prope &y, f per and directing the Historic Preservation Officer to prepare gnation report. ' ... (4) Designation Reports. Prior to the designation of an individual site or a dis m the Historic Preservation Officer shall prepare an investigation and designation report + bmit it to the Historic Preservation Committee. All reports must address the ;;followi a. Legal description of the property. b. The historical, cultural, architectural or archaeological significance or how the property fulfills the criteria for designation. c. Whether the property meets the criteria for an Exceptional Historic Resource as defmed in Section 1 -10.2- 3(18). d. Boundaries for individual historic sites and a recommendation of boundaries for districts. When a district is recommended, the report must identify those properties which are considered "contributing" (i.e., that they contribute to creating the historic character of the district) or "non- contributing" (i.e., that they do not contribute to creating the character of the district), but which require regulation in order to control potentially adverse influences on the character and integrity of the district. The standards for regulating non - contributing properties shall provide that a Certificate of Appropriateness and/or Certificate to dig, as appropriate, shall be required for alterations and new construction on such properties. e. Zoning Regulations. Every historic site and historic district may include detailed zoning regulations made to be compatible with its designation. Such regulations may be designed to supplant or modify any 15 element of existing zoning regulations, including but not limited to use, floor area ratio, density, height, set - backs, parking, and minimum lot size or create any additional regulations provided for in this section. The zoning amendment may identify individual properties, improvements, landscape features or sites for which different regulations; standards and procedures may be required. Said zoning regulations shall not be effective until the Board approves the regulations. f. The report shall also contain a location map and photographs of all exterior surfaces, and interiors when applicable. g. Optional Designation of Interiors. Normally interior spaces shall :ryot be subject to regulation under this ordinance; however, in cases of Ming structures that possess interior spaces that are of exceptional aictural, artistic or historical importance, and are interior spaces whirl% re customarily open to the public, they may be specifically designated. The Designation Report shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. h. Designation reports shall also include a copy of any survey materials related to such property, the property appraiser's records of such property and a copy of the public hearing newspaper advertisement. (5) Notification of owner. For each proposed designation of an individual site or district, the Historic Preservation Committee is encouraged to obtain the permission of the property owner(s) of the individual site or within the designated area, and is responsible for sending by certified mail a copy of the designation report to the owner(s) as notification of the intent of the Historic Preservation Committee to consider designation of the property at least thirty (30) days prior to a public hearing held pursuant to this ordinance. (6) Interim protection measure: From the date of said notification of the owner, no building construction or vegetation removal permit for any new construction, alteration, relocation, or demolition or surface alterations that may affect the property proposed for designation shall be issued until the Board approves or denies the designation in accordance with this section, or one hundred twenty (120) days have elapsed, whichever shall occur first (7) Notification of government agencies. Upon filing of a designation report, the Historic Preservation Officer shall immediately notify the appropriate building and zoning department, the appropriate public works department and any other City or municipal agency, including agencies with demolition powers, that may be affected by said filing. 16 (8) Notice of Historic Preservation Committee public hearing. For each individual site or district proposed for designation, a public hearing must be held no sooner than thirty (30) days and within sixty (60) days from the date a designation report has been filed with the Historic Preservation Committee. Property owners within a radius of 150' from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive su otice shall not invalidate the same as such notice shall also be perfected by x publis -fj� ,y thereof in a newspaper of general circulation at least fifteen (15) days prior =tee hearing. Owners shall be given an opportunity at the public hearing to object to tp y. designation. (9) uirement of prompt decision and notification. Following the public hearing, the His* Preservation Committee shall recommend approval, denial or amktdment of thes,:provesed designation, including whether the property should be considircd an Exceptional Historic Resource, and shall forward its recommendation to hoard within thirty (30) days of the hearing for fmal approval. f 10) Notice of Board public hearing. Upon receipt of the Historic Preservation Co i` ``" s recommendation, the Board shall schedule a public hearing to consider the ropospd designation. The public hearing must be held no sooner than thirty (30) days 'itilig4ithin sixty (60) days from the date the Historic Preservation Committee recommendation is filed with the Board. Property owners within a radius of 150' from the area proposed for designation shall receive a courtesy notice of the hearing, to be mailed at least fifteen (15) days prior to the date of the hearing. Owners of record of the proposed designated properties, shall be notified of the public hearing by certified mail to the last known address of the party being served; however, failure to receive such notice shall not invalidate the same as such notice shall also be perfected by publishing a copy thereof in a newspaper of general circulation at least fifteen (15) days prior to the hearing. Owners shall be given an opportunity at the public hearing to object to the proposed designation. (11) Requirement of prompt decision and notice. The Board shall either approve, deny or approve with conditions the designation, including whether the property constitutes an Exceptional Historic Resource, and shall designate the property by resolution. Except for property determined to be an Exceptional Historic Resource, the Owner, or a majority of the Owners if owned by more than one person, or a majority plus one of the Owners in a proposed historic district, may reject the designation in writing by filing a written statement with the Historic Preservation Officer. In the event the designation is rejected, the provisions of this ordinance governing designated historic properties shall not apply to the subject property or district. If approved, the property shall be added to the City of Okeechobee Local Register of Historic Places. The following parties shall be notified of its actions with a copy of the resolution. 17 a. City of Okeechobee Building Department; b. City of Okeechobee Public Works Department; c. City of Okeechobee Clerk of Court; d. Owners) of the designated property and other parties having an interest in the property, if known; e. Any other City or municipal agency, including agencies with demolition powers, that may be affected by this action; and, f. Property Appraiser. ndment or rescission. In the event the Historic Preservation determines a property no longer in full or in part meets the criteria set forth in 2 -13, the Historic Preservation Committee may recommend an amendment scissi e t a f any designation provided it complies with the same manners and edures us the original designation. (13) App ;- .designation. A party aggrieved by a designation decision may ppluch decisiontthe manner provided for in this ordinance. (14) Recording of designation. The Board shall provide the Clerk of Circuit otirtith all designations for the purpose of recording such designation and the Clerk of Circuit rt shall thereupon record the designation according to law. (15) City of Okeechobee Local Register Map. On or before October 1$` of each year, the Historic Preservation Officer shall prepare a map showing all properties listed on the Local Register of Historic Places as of that date. The Historic Preservation Officer may update the map at such other times as he deems appropriate to reflect changes to the Local Register. Section 1- 10.2 -15. Emergency actions. (1) The Historic Preservation Officer may request the Historic Preservation Committee to take emergency action to review a threat to a property which has not yet been designated as a historic resource but which appears to be eligible for such designation, if the Historic Preservation Officer determines irreparable harm will be done to the historic resource if the proposed demolition, alteration, or construction is allowed to occur. (2) The department receiving an application concerning a potential historic resource shall provide written notification to the Historic Preservation Officer within five (5) working days of the receipt of the application for permits which do not require a public hearing. (3) If the Historic Preservation Officer determines irreparable harm will be done to the potential historic resource if the proposed demolition, alteration, or construction is allowed to occur, the Historic Preservation Officer will schedule the 18 matter for consideration by the Historic Preservation Committee. Notice of the public hearing will be provided in accordance with the provisions of Subsection 1- 10.2 - 14(11). (4) All construction activity requiring building permits or the processing of permit applications relating to the property shall be held in abeyance until the review by the Board is completed with regard to the subject property. (5) Review and determination by the Historic Preservation Committee: t the public hearing, the Historic Preservation Officer shall present a report to the Historic Preservation Committee regarding the architectural, historical and archaeological significance of the subject property, • cluding an evaluation of the property under the criteria set forth for ric designation in Subsection 1- 10.2 - 13(1). The Historic Preservation 'ttee shall also hear testimony from the owner, the applicant and all othe ted persons. (b) At the close of the public hearing, the Board shall determine whether all of the following fmdings of fact have been established: 1. There is a real and present danger to the subject property as evidenced by the owner or applicant's proposal. 2. Based upon the best available data, the subject property appears eligible for historic designation pursuant to this chapter. The fact that the property has not been nominated for included on the National Register of Historic Places shall not in itself be grounds for approval of the proposed work or development request. 3. During consideration of historic designation, the applicant and/or owner will not be denied all reasonable use of the property. (6) Based upon its findings of fact as provided above, the Historic Preservation Committee shall recommend to the Board the historic designation procedures should be initiated for the subject property. Following receipt of the Historic Preservation Committee' s recommendation, the Board shall conduct a public hearing in accordance with the notice procedures set forth in Section 1- 10.2 - 14(10). If in the judgment of the Board all of the fmdings of fact as set forth above have been established, the Board shall initiate the historic designation procedures for the subject property. Should sufficient evidence be presented at the public hearing, the Board may designate the property as a public hearing or it may request further information and set a date for a final historic designation hearing to be held within ninety (90) days. (7) If the historic designation procedures are initiated, the City shall make every effort to complete the historic designation process in a timely fashion. Except as 19 otherwise set forth in this section, the historic designation process shall follow the same procedures as a regular historic designation. ARTICLE V. CERTIFICATE OF APPROPRIATENESS Section 1- 10.2 -16. Required (1) No building, site, landscape feature, object, structure, or earthwork, within the City ; ° " a hobee which has been designated pursuant to this ordinance or is loca +'thin an archaeological zone as defined in Section 1- 10.2 -3 shall be altered, res z ' abilitated, excavated, moved or demolished until an application for a icate _ . 'ropriateness regarding any architectural features, landscape features or prove .` { ' as been submitted to and approved pursuant to the procedures in this article. The appl . n shall include, but not be limited to, the architectural style, scale, g, siting, ge i.r '-sign and general arrangement of the exterior of the building or including e type, style and color of roofs, windows, doors, walls and enances. Architectural features shall include, when applicable, interior spaces interior designation has been given pursuant to Article IV. Landscape features and site �vements shall include, but are not limited to, site grading, subsurface alters '': °fill deposition, paving, landscaping, vegetation removal, walls, fences, aids, signs and exterior lighting. No Certificate of Appropriateness shall be ed unless the architectural or development plans for said construction, alteration, e ._q" vation, restoration, rehabilitation, relocation or demolition are approved by the Historic Preservation Committee. (2) No permit shall be issued by the City that affects any property designated pursuant to this ordinance without a Certificate of Appropriateness. (3) All work performed pursuant to the issuance of the Certificate of Appropriateness shall conform to the requirements of the certificate. The Board shall designate an appropriate official to assist the Historic Preservation Committee by making necessary inspections in connection with enforcement of this chapter and shall be empowered to issue a stop work order if performance is not in accordance with the issued certificate. No work shall proceed as long as a stop work order continues in effect. Copies of inspection reports shall be furnished to the Historic Preservation Committee and copies of any stop work orders both to the Historic Preservation Committee and the applicant. The Public Works Director or appropriate official and staff for the Historic Preservation Committee shall be responsible for ensuring that any work not in accordance with an issued Certificate of Appropriateness shall be corrected to comply with the Certificate of Appropriateness prior to withdrawing the stop work order. (4) Any certificate of appropriateness issued pursuant to the provision of this section shall expire twelve (12) months from the date of issuance, unless the authorized work is commenced within this time period or a building permit has been obtained. 20 (5) Any change in work proposed subsequent to the issuance of a certificate of appropriateness shall be reviewed by the Historic Preservation Officer. If the Historic Preservation Officer fmds that the proposed change does not affect the property's historic character and that the change is in accord with approved guidelines, standards and the general intent of the original certificate of appropriateness, the Historic Preservation Officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with the guidelines, standards or the original in _t of the Certificate of Appropriateness, a new application for a special certifica , eeppropriateness shall be required. A designated structure or home that is located in a historic district or one may not be relocated except upon approval of a certificate of ptiatene n considering such certificate the Board shall determine whether any reasonable altern.e is available for preserving the improvement or structure on its site and w ` , to proposed relocation site is compatible with the historic and aural integrity the improvement or structure. (7) For the purpose of remedying emergency conditions determined to be dance s to life, health or property, nothing contained herein shall prevent the making of any rary construction, reconstruction or other repairs to a building or site in City obee, pursuant to an order of a government agency or a court of competent ction. The owner of a building damaged by fire or natural calamity shall be 'tted to stabilize the building immediately without Historic Preservation Committee approval and to rehabilitate it later under the normal review procedures of this ordinance. Where the Historic Preservation Officer or the Historic Preservation Committee determines that any improvement within a designated historic site or designate historic district is endangered by lack of maintenance and repair, or that other improvements in visual proximity to a historic sight or historic district lack maintenance and repair to such an extent as to detract from the desirable character of the historic site or historic district, such determination shall be reported to the Code Compliance Division. In the event the City Building Official determines that any structure within a designated historic site or historic district is unsafe pursuant to the Florida Building Code, as adopted by the City, or in violation of the Property Maintenance Ordinance as set forth in the City of Okeechobee Land Development Code, such official shall immediately notify the Historic Preservation Committee with a copy of any fmdings. Where reasonably feasible within applicable laws and regulations, the Code Compliance Division shall endeavor to encourage repair of the structure rather than its demolition and shall take into consideration any comments and recommendations by the Historic Preservation Officer. The Historic Preservation Committee and/or the Board may take appropriate action to encourage preservation of any such structure. 21 Section 1- 10.2 -17. Forms and fees. Applications for Certificates of Appropriateness must be made on forms approved and provided by the Historic Preservation Committee and must be submitted with the arY...p.iate fee to the Historic Preservation Officer pursuant to the fee schedule established by resolution of the Board. Section 1- 10.2 -18. Pre - application conference Before � ` r'.s g an application for a Certificate of Appropriateness, an applicant is enco ::'y to confer with the Historic Preservation Officer to obtain information and gui.• s� sore entering into binding commitments or incurring substantial expenses in the. rep • G of plans, surveys and other data At the request of the applicant, the t' 'c Pres 4.'on Officer, or any member of the Historic Preservation Committee, an additional pre-a a ,ation conference shall be held between the applicant and the Historic ation Comm or its designated representative. The purpose of such conference sha1J s' ; to further dis�uss and clarify preservation objectives and guidelines. In no case, -ever, shall any statement or representation made prior to the official application be binding on the Historic Preservation Committee, the Board, or any City dep nt. The owner(s) of a designated property are also encouraged to consult with the Hi "_`Preservation Officer prior to the commencement of any routine maintenance d/or r&bails to the site. Sction 1- 10.2 -19. Standards for review and issuance. The U.S. Secretary of the Interior's Standards for the Rehabilitation are hereby adopted as the standards by which applications for any Certificates of Appropriateness are to be measured and evaluated. In adopting these standards, it is the intent of this ordinance to promote the proper maintenance, restoration, preservation, rehabilitation appropriate to the property, and compatible contemporary designs which are harmonious with the exterior architecture and landscape features of neighboring buildings, sites and streetscapes. From time to time, the Historic Preservation Committee may adopt additional standards to preserve and protect special features unique to the City. Based on the Secretary of the Interior's Standards, the designation report, a complete application, any additional plans, drawings, photographs and samples of materials to fully describe the proposed project, the Historic Preservation Committee may approve or deny the application for a Certificate of Appropriateness. Section 1- 10.2 -20. Standard Certificate of Appropriateness. Where the action proposed in an application is a minor alteration to a designated site or contributing resource within a historic district, as specified by the rules of procedure of the Historic Preservation Committee, and satisfies the standards as set forth in Section 1- 10.2-18, the Historic Preservation Officer shall, within ten (10) calendar days of receipt of the complete application, approve or deny the application. The fmdings of the Historic 22 Preservation Officer shall be mailed to the applicant within three (3) days of the staff's decision, accompanied by a statement that explains the Officer's decision. The applicant shall have an opportunity to challenge the Officer's decision by applying for a Special Certificate of Appropriateness, within thirty (30) days of the Historic Preservation Officer's findings. Further, the applicant may also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Preservation Committee will consider it. Section 1- . -21. Special Certificate of Appropriateness. Where the action proposed in an application involves a major alteration, rel • c -• o ; } demolition to a designated site or a contributing resource within a historic di ; ct, as ified by the rules of the Historic Preservation Committee, or where the t:' 'c Pres-" "on Officer fmds that the action proposed in an application is not clearly in acco •,a the standards as set forth in Section 1- 10.2 -19, the application shall be ossified as aia Certificate of Appropriateness and the following procedures shallgovem: (2) When a complete application is received, the Historic Preservation Officer the application on the next regularly scheduled meeting of the Historic Poses Committee. The Historic Preservation Committee shall hold a public earing ith notice of the application and the time and place of the hearing as follows: a. The applicant shall be notified by mail at least ten (10) calendar days prior to the meeting. b. Any individual or organization requesting such notification and paying any established fees therefore shall be notified by mail at least ten (10) calendar days prior to the hearing. c. An advertisement shall be placed in a newspaper at least ten (10) calendar days prior to the hearing. d. The Historic Preservation Committee shall approve, deny or approve with conditions, subject to the acceptance of those conditions by the applicant. The Historic Preservation Committee may suspend action on the application for a period not to exceed thirty (30) days, in order to seek technical advice from outside its members, or to meet further with the applicant to revise or modify the application. e. The decision of the Historic Preservation Committee shall be issued in writing. Evidence of approval shall be by Certificate of Appropriateness issued by the Historic Preservation Committee or its designated staff. When an application is denied, the Historic Preservation Committee's notice shall provide an adequate written explanation of its decision. 23 Section 1 -10.2- 22. Demolition. (1) Demolition of a building, site, district, landscape feature, object, structure, earthwork, or such resource that has been designated as historic pursuant to this ordinance or is located within an archaeological zone as defined in Section 1- 10.2 -3 may occur only pursuant to an order of a government agency or a court of competent jurisdiction or pursuant to an approved application by the owner for a Special Certificate of Approprj eness. Government agencies having the authority to demolish unsafe structures notice of designation of buildings, sites, districts, landscape features, , and archaeological sites or zones. The Historic Preservation flee .� j� 3 - deemed an interested party and shall be entitled to receive notice of any public h 4 ,«conducted by said government agency regarding demolition of any �..,. if designateddd icumented as historic pursuant to this ordinance. The Historic Presation Committee may make recommendations and suggestions to the government cy and the owner(s) relative to the feasibility of and the public interest in preserving ignated property. No permit for voluntary demolition of a building, site, district, landscape aturee .bject, structure, earthwork, an archaeological site, or such resource that has been ated as historic pursuant to this ordinance shall be issued to the owner(s) thereof an application for a Special Certificate of Appropriateness has been submitted and approved pursuant to the procedures in this section. Refusal by the Historic Preservation Committee to grant a Special Certificate of Appropriateness shall be evidenced by written order detailing the public interest which is sought to be preserved. The Historic Preservation Committee shall be guided by the criteria contained in Section 1- 10.2 -19. The Historic Preservation Committee may grant a Special Certificate of Appropriateness, which may provide for a delayed effective date of up to eighteen (18) months. The effective date shall be determined by the Historic Preservation Committee based upon the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. During the demolition delay period, the Historic Preservation Committee may take such steps as it deems necessary to preserve the structure concerned, in accordance with the purposes of this chapter. Such steps may include, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one (1) or more structures or other features. (4) In addition to all other provisions of this Section, the Historic Preservation Committee shall .consider the following criteria in evaluating applications for Special Certificates of Appropriateness for the demolition of a historic building, site, landscape feature, object, structure, earthwork, or archaeological site. 24 a. Whether the historic resource is of such interest or quality that it would reasonably meet national, state or local criteria for designation. b. Whether the historic resource is of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense. c. Whether the historic resource is one of the last remaining examples of its kind in the City or the region. Whether the historic resource contributes significantly to the toric character of a designated historic district. Whether retention of the historic resource promotes the general welf the City by providing an opportunity for study of local history, architec • d design or by developing an understanding of the importance and value of a p •� Y? fir culture and heritage. f. Whether there are definite plans for reuse of the property where the historic resource is located, if the proposed demolition is carried out, and what ill be the effect of those plans on the character of the surrounding area. ection- 10.2 -23. Economic Hardship. (1) Where, by reason of particular site conditions and restraints, or because of unusual circumstances applicable solely to the particular applicant, strict enforcement of the provisions of this chapter would result in serious undue economic hardship to the applicant, the Historic Preservation Committee shall recommend to the Board whether it is appropriate to vary or modify adherence to this ordinance; provided always that its requirements ensure harmony with the general purposes hereof and will not adversely affect City of Okeechobee. (2) In any instance where there is a claim of undue economic hardship, the owner may submit, by affidavit, to the Historic Preservation Committee at least fifteen (15) days prior to the public hearing, the following information: a. For all property: 1. The amount paid for the property, the date of purchase and the party from whom purchased; 2. The assessed value of the land and improvements thereon according to the two (2) most recent assessments; 3. Real estate taxes for the previous two (2) years; 25 4. Annual debt service, if any, for the previous two (2) years; 5. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, fmancing or ownership of the property; 6. Any listing of the property for sale or rent, price asked and offers received, if any; 7. Any consideration by the owner as to profitable adaptive uses for the 'Awl/ i ty; 8. An estimate of the cost of the proposed demolition or relocation; 10. A report from a licensed engineer or architect with experience in historic rehabilitation as to the structural soundness of the structure, and its suitability for relocation and/or rehabilitation, however, the City may retain an independent engineer and/or architect to review and approve the report; and An estimate from an architect, developer, real estate consultant, appraiser or other professional as to the economic feasibility of the rehabilitation or adaptive use of the existing structure however, the City may retain an independent engineer and/or architect to review and approve the estimate. b. For income- producing property: 1. Annual gross income from the property for the previous two (2) years; 2. Itemized operating and maintenance expenses for the previous two (2) years; and 3. Annual cash flow, if any, for the previous two (2) years. (2) The Historic Preservation Committee may require that an applicant furnish such additional information as the Historic Preservation Committee believes is relevant to its determination of undue economic hardship and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his/her affidavit a statement of the 26 information that cannot be obtained and shall describe the reasons why such information cannot be obtained. Section 1- 10.2 -24. Maintenance of designated properties. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any elements of any building, agricultural property, utility or structure which does not involve a change of design, appearance or material, and which does not require a building permit. ARTICLE VI. CERTIFICATE TO DIG Certificate to Dig. (1) A ' t ificate to Dig is a type of Certificate of Appropriateness. Within an arc logical zonefined in Section 1- 10.2 -3, new construction, filling, digging, the rem of trees, or airy other activity that may alter or reveal an archaeological site shall ohibited without a Certificate to Dig. All applications to all appropriate City ies involving new construction, demolition, large -scale digging, the removal of any other activity that may reveal or disturb an archaeological site in an arch cal zone shall require a Certificate to dig before approval. Based on a application for a Certificate to Dig and any additional guidelines the Historic ation Committee may deem necessary, the staff of the Historic Preservation 'tree shall, within ten (10) days from the date the completed application has been filed, approve or deny the application for a Certificate to Dig by the owners of a property in a designated archaeological zone. The applicant shall have an opportunity to challenge the Officer's decision by applying for a Special Certificate of Appropriateness, within thirty (30) days of the Officer's fmdings. Further, the applicant may also request that his/her application be classified as a Special Certificate of Appropriateness so that the Historic Preservation Committee will consider it. (2) The Certificate to Dig may be made subject to specified conditions, including but not limited to conditions regarding site excavation. In order to comply with the requirements of the Certificate to Dig, the applicant may be required to conduct an archaeological excavation by a professional archaeologist who meets the U.S. Secretary of the Interior's Standards to conduct excavations and monitoring from the time of the approval of the Certificate to dig until the effective date thereof. The findings of the Officer shall be mailed to the applicant by registered mail promptly. The applicant shall have the opportunity to challenge the staff decision or any conditions attached to the Certificate to dig by filing a written notice of appeal to the Historic Preservation Committee within thirty (30) days after receipt. (3) Approved Certificates to Dig. Approved Certificates to dig shall contain an effective date not to exceed sixty (60) days, at which time the proposed activity may begin, unless the Historic Preservation Committee decides to designate the site in 27 question as an individual site or district. In that case, all the rules and regulations pertaining to the designation process shall apply from the date the designation report has been filed. (4) All work performed pursuant to the issuance of a Certificate of Appropriateness or Certificate to Dig shall conform to the requirements of such Certificate. It shall be the duty of the appropriate government agencies and the staff of the Historic Preservation Committee to inspect from time to time any work pursuant to such Certificate � assure compliance. In the event work is performed not in accordance with such C ` "` , the Historic Preservation Officer shall be empowered to issue a stop work ,. r and all work shall cease. No person, firm or corporation shall undertake any wor : ri projects as long as such stop work order shall continue in effect. ARTICLE VI. APPEALS n 1- 10.2- 26. S eals. Ain tliirty (30) days of the written decision of the Historic Preservation Committee, an ved party may appeal the decision by filing a written notice of appeal with the Cler the Board of City Commissioners. The notice of appeal shall state the decision which ' ling appealed, the grounds for the appeal, and a brief summary of the relief hich .r sought. Within sixty (60) days of the filing of the appeal or the first regular meeting which is scheduled, whichever is later in time, the Board shall conduct a is hearing at which time they may affirm, modify or reverse the decision of the Historic Preservation Committee. Nothing contained herein shall preclude the Board from seeking additional information prior to rendering a fmal decision. The decision of the Board shall be in writing and a copy of the decision shall be forwarded to the Historic Preservation Committee and the appealing party. Within the time prescribed by the appropriate Florida Rules of Appellate Procedure, a party aggrieved by a decision of the Board may appeal an adverse decision to the Circuit Court in and for the City of Okeechobee, Florida. ARTICLE VIII. PENALTIES Section 1- 10.2 -27. Penalties. The provisions of this ordinance may be enforced by the City of Okeechobee Code Enforcement Board. This provision shall not preclude enforcement of this article in the Circuit Court or as otherwise authorized by law. ARTICLE IX. INCENTIVES Section 1- 10.2 -28. Incentives. 28 All properties designated as historic resources pursuant to this ordinance shall be eligible, upon application by the owner(s), for any available fmancial assistance set aside for historic preservation by the City of Okeechobee contingent on the availability of funds and the scope of the project as described in the application. Section 1- 10.2 -29. Tax exemptions for rehabilitations to designated historic properties. cope of tax exemptions. A method is hereby created for the Board, at its discre 't t . to allow tax exemptions for the restoration, renovation, or rehabilitation of kt y ces. The exemption shall apply to one hundred percent (100%) of the sed v : , . f all improvements to historic properties which result from restoration, �o'ation, o bilitation made on or after the effective date of this ordinance. The exemption appl - my to taxes levied by the City of Okeechobee. The exemption does not apply to taxes led:for the payment of bonds or to taxes authorized by a vote of the elect;;ursuant to Section 9(b) or Section 12, Article VII of the Florida Constitution. exemption does not apply to personal property. Duration of tax exemptions. Any exemption granted under this section to a parti yard operty shall remain in effect for ten (10) years. The Board shall have the discreti,N ' to set a lesser term. The term of the exemption shall be specified in the ce approving the exemption. The duration of the exemption as established in the ordnance granting the exemption shall continue regardless of any change in the authority of the City to grant such exemptions or any change in ownership of the property. In order to retain an exemption, however, the historic character of the property, and improvements which qualified the property for an exemption, must be maintained in their historic state over the period for which the exemption was granted. (3) Eligible properties and improvements. Property is qualified for an exemption under this section if: a. At the time the exemption is granted the property: 1. Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or 2. Is identified as a contributing property in a National Register of Historic Places listed district; 3. Is individually listed in the City of Okeechobee Register of Historic Places pursuant to this ordinance; 29 4. Is identified as a contributing property to a historic district, under the terms of the City of Okeechobee Ordinance. b. The Historic Preservation Committee has certified to the Board that the property for which an exemption is requested satisfies Subsection 1-10.2 - 28(a). (4) In order for an improvement to a historic property to qualify the property for an exe 's.; 'on, the improvement must: a. Be consistent with the U.S. Secretary of the Interior's Standards habilitation; and Be determined by the Okeechobee Historic Preservation Commi to meet the criteria established in the Rule 1A -38, Florida Administran4Code. c. The City of Okeechobee Historic Preservation Committee has issued a Special Certificate of Appropriates for the proposed improvements. Applications. Any person, firm, or corporation that desires an ad valorem exemption for the improvement of a historic property must, in the year the exemption ed to take effect, file with the Board a written application on a form prescribed by the Department of State. The application must include the following information: a. The name of the property owner and the location of the historic property; b. A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; c. Proof, to the satisfaction of the Historic Preservation Committee, that the property that is to be rehabilitated or restored has been designated historic pursuant to this ordinance; d. Proof, to the satisfaction of the Historic Preservation Committee, that the improvements to the property will be consistent with the U.S. Secretary of Interior's Standards for Rehabilitation; e. Other information identified in apptuyilate Department of State regulations, or requested by the Historic Preservation Committee; and f. A completed application for a Special Certificate of Appropriateness for the qualifying restoration or rehabilitation. 30 (6) Required covenant. To qualify for an exemption, the property owner must enter into a covenant or agreement with the Board for the term for which the exemption is granted. The form of the covenant or agreement must be established by the Department of State and must require that the character of the property, and the qualifying improvements to the property, be maintained during the period that the exemption is granted. The covenant or agreement shall be binding on the current property owner, transferees, and their heirs, successors, or assigns. Violation of the covenant or agreement results in • eroperty owner being subject to the payment of the differences between the total amount taxes which would have been due in March in each of the previous years in Wb the covenant or agreement was in effect had the property not received the ex ` . ti 014' "Ad the total amount of taxes actually paid in those years, plus interest on the p: ated as provided in Section 212.12(3), Florida Statutes. (7) _ _ storic Preservation Committee, or its successor, is designated to revie v applicatio. _ exemptions. The Historic Preservation Committee must rec nd that the and grant or deny the exemption. Such reviews must be conducted accordance with rules adopted by the Department of State. The recommendation and asons therefore, must be provided to the applicant and to the Board before *ration of the application at an official meeting of the Board. ,() Approval by Board. A majority vote of the Board shall be required to e a written application for exemption. Such exemption shall take effect on the Jary 1 following substantial completion of the improvement. The Board shall include the following in the resolution approving the written application for exemption: b. The name of the owner and the address of the historic property for which the exemption is granted; c. The period of time for which the exemption will remain in effect and the expiration date of the exemption; and d. A fmding that the historic property meets the requirements of this ordinance. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to the City of Okeechobee, City ordinances and City resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this 31 ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of the City of Okeechobee. PART E. FILING WITH THE DEPARTMENT OF STATE. The C be and is hereby directed forthwith to send a certified copy of this ordinance to the _� of Administrative Code and Laws, Department of State, The Capitol, rida 32304. T F. CTIVE DATE. inance shall f :`'=' effect upon xxxx, 200xx. G. ADOPTION. Aft �,tt and second, the vote on this ordinance was as follows: ayor — James Kirk Council Person Lowery Markham Council Person Lydia Jean Williams Council Person Clayton Williams Council person Dowling Watford PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the City of Okeechobee Code and Compiled Laws, and the word "ordinance" may be changed to "section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this xx day of xxxx, 200x. 32 ATTEST: Deputy Clerk CITY COUNCIL CITY OF OKEECHOBEE, FLORIDA BY: MAYOR APPROVED AS TO FORM AND CORRECTNESS: BY: 33 City Attorney LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 239 - 334 -3366 • FAX: 239 - 334 -6384 MEMORANDUM DATE: June 10, 2008 TO: Mayor and City Council FROM: Bill Brisson RE: Proposed sign regulations (Ord. No. 994) Attached is a copy of Ord. 994 modified to reflect comments and direction received during the joint meeting of the City Council and Planning Board on January 22n1. Text that was included in the City Attorney's original draft and is proposed to be deleted is shown in stfikeeut format. New proposed language is Explanatory comments or questions are in BOLD CAPITALS. While most of the changes contained in the revised ordinance were discussed and decided at the January meeting, there were a number of areas where additional work was needed and we have developed recommendations that may need some explanation. The balance of this memorandum is devoted to explanations of such substantive changes which you have not as yet seen. 1. A definition for "Pole sign" has been added on page 5 and a graphic illustrating various types of signs has been added on page 7. 2. All signs allowed without a permit have been put under Sec. 90 -567, on pages 7 —10. In the earlier version of the ordinance these were scattered in a few locations. 3. Refer to item 5 on page 9. During our previous meeting, it was decided that signs within the interior of a window would not need a permit. However, do you wish to place any limits on the size or area of signs in windows and should they be counted towards the maximum allowable sign area for the property? 4. Billboards, as we generally recognize them, are currently allowed in the Industrial Zoning District. However, as the proposed ordinance is written, no billboards are allowed within the City (except existing billboards that are would be "grandfathered" as legally nonconforming). This is done through a combination of a limitation on the size and height of a sign and the purpose of an off - premises sign. Specifically, under the new modified defmition (page 3), a billboard is: "an off - premises sign where the top of the sign is in excess of 20 feet above the ground, or which is more than 50 square feet in total sign face area, or which is for other than directional purposes only." Further, Sec. 90 -574 (page 17), permits off - premises signs if they are for directional purposes only. Finally, billboards are specifically prohibited under Sec. 90 -568 (21) on page 13. 5. Refer to item (24) on page 13. We suggest allowing the name of the business or organi- zation on waste and recycling receptacles placed on the site of the business or organization. However, is the City interested in allowing the name of a business or organization on such receptacles when they are located off -site and are sponsored or donated by a business or organization? 6. Refer to item (25) on page 13 pertaining to signs on commercial vehicles. The direction given at our prior meeting was to try to simplify this regulation and make it enforceable. Council also suggested that we accomplish this without using limits on the time the vehicle was parked or the size of the sign on the vehicle. It is our impression that the City is not particularly concerned with someone parking a commercial vehicle adorned with advertising on his or her commercial property. It seems that the concern is more with such vehicles being parked on the street and using public property for advertising purposes. If this is the case, we believe the regulation proposed under item (25) at least partly meets the Council's direction. Unfortunately, we find it difficult to limit such advertising without some form size criteria. Many commercial businesses use passenger cars or pick -up trucks with small signs affixed to (e.g., magnetic signs on the doors) or painted on the vehicle. As we understand it, the City is not interested in restricting these types of situations. Therefore, we suggest retaining the 10 square foot limitation. The final issue is whether, in addition to public street and public parking areas, the City would wish to apply the above limitations to all other public property or just municipally owned properties. 7. Refer to off - premises signs on page 17. For the most part, the substance of the regulations has been retained as originally proposed under Sec. 90 -573. The net effect of the proposed limitations is that off - premises signs are limited only to those intended to direct one to a business or organization at another location and signs on bus benches, bus shelters or waste /recycling receptacles which are permitted as exceptions to prohibited signs under Sec. 90 -568. Because off-site directional signs are allowed in all zoning districts, we have suggested limiting off - premises signs located in residential districts to directing the reader to a non- commercial or non - industrial use or business. 8. Sec. 90 -577 on page 21 contains provisions for signs in residential districts that were not included in new sign ordinance as previously proposed but are part of the current regula- tions. These provisions allow signs for home occupations and boardinghouses and day care centers as they are in the current code. This section also includes a provision prohibiting portable signs in residential districts. 9. Refer to Sec. 90 -583 beginning on page 23 pertaining to nonconforming signs. The new proposals under this section recognize the following direction given during our previous meeting: a. Nonconforming signs should not be required to amortized and brought into conform- ance with the new regulations. Rather, nonconforming signs should be required to be brought into compliance only under certain situations which are somewhat more flexible than those originally proposed in the new ordinance. b. Compliance will be required if the sign voluntarily increased in height or size. c. Compliance will be required if the sign voluntarily increased in height or size d. Compliance will be required if the business /property is sold and becomes a different business or is advertised under a different name. 10. Refer to Sec. 90 -587 on page 25 pertaining to murals. Most importantly, we believe that the limitation of 100 square feet for murals is too restrictive. Our previous experience, as exemplified in Lake Placid, is that so long as the mural is truly artwork and contains no commercial aspect, there may be no reason to limit its size. We agree with this and have suggested deleting the limitation on the size of a mural. We have also included a provision, equivalent to that pertaining to signs elsewhere in the ordinance, prohibiting obscene depictions, etc. on a mural. 11. Refer to Sec. 90 -588 on page 25 pertaining to artwork that does not qualify as a mural. We have added a provision to ensure that artwork that may not qualify as a mural is considered a sign and must conform to all regulations pertaining to signs. 12. Refer to Sec. 90 -589 on page 26 pertaining to unsafe locations and offensive signs. It appears to us that in the sign ordinance as originally proposed the prohibition of offensive content and unsafe sign location provision was applicable only to art forms that were not considered murals. The new text was added to ensure that these provisions apply to all forms of signs. ORDINANCE NO. 994 (Rev. draft 6- 10 -08) 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 regula- tion 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 Tight commercial activities. The City has traditionally permitted Page 1 of 27 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 aestheti- cally 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 Council that the regulations contained in this article shall provide uniform sign criteria, which regulate the size, height, number and placement of signs in a manner that is compatible to the residential scale and character of the City, and which shall place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while achieving the City's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that does not contain excessive clutter or visual distraction from right -of -ways and adjacent properties; the surrounding natural rural environ- ment and residential neighborhoods. Section. 90 -562. Compliance with division provisions. Except as provided or otherwise prohibited in this division, every sign erected on land, attached to a building, wall, fence, pole, tree, or surface, that is constructed, moved, replaced or substantially altered, shall comply with the regulations of this division. Routine maintenance, repainting or permissible changing of copy or content shall not be considered a substantial alteration. Section. 90 -563. Permit and plan required. (1) Except as otherwise provided in this division, no sign shall be erected, operated, used, maintained, enlarged, illuminated or substantially altered until a permit has been issued. (2) A separate application for a permit shall be made for each separate advertising sign or advertising structure, except for customary window dis- plays, official public notices and court markers required by Federal, State or local regulation; also excepting newspapers, leaflets and books intended for individual distribution to members of the public; attire that is being worn, badges and similar personal gear. (3) The application permit shall describe in words and picture form the size, shape and nature of the proposed sign or advertising structure, and its Page 2 of 27 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. Flag. A sign made of a piece of cloth or other material of individual size, color and design, used as a symbol, signal or emblem, or to convey a message. 'Flags are distinct by the way that they are displayed. Flags are secured on one (1) side, usually on a flag' pole, and usually at two (2) points leaving the remainder` of the cloth or material hanging limply or drooping. A flag that is secured to a flag pole or other object, or nonliving, that is at an angle' of less than 65 degrees or more than 115 degrees as measured from the horizontal, or is otherwise displayed so that it does not droop, shall be considered a banner. A::flaci that is greater than fifteen (15) sguare feet shall be considered a banner. 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 monu- ment 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. Ground sign means a freestandinq sign, other than a pole sign, supported by the round or b' u ri hts or braces laced on or in the round and wholl inde en= dent of any building for support. 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 Tight or which is designed or arranged to reflect light from 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. Monument sign means a ground sign in which the entire bottom of the sign is in contact with the ground. Mural means a painted art form devoid of commercial messages °'painted on walls or similar building areas. and as defined therein. Occupant means any single commercial use (any use other than residential). Page 4 of 27 Off - premises sign means a freestanding permanent sign that is located at a site other than on location that on which the principal business use is located.-h zoned property Permanent sign means any sign, which is designed, constructed, and intended for more than short term use, including freestanding signs and building signs. Pole sign means a sign' mounted on a freestanding' pole or other support so that the bottom edge of the sign face is six feet or more above 'grade. Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not necessarily limited to signs, on wheels and on trailers, and sandwich board signs. It does not, however, include vehicle 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 public, 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. Sign copy means the linguistic or graphic content, including trim and borders, of a sign. Sign face means the part of the sign that is or may be used to display sign copy. Page 5 of 27 Sign height means the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher. Sign structure means any construction used or designed to support a sign. Snipe sign means any sign of any material, including paper, plastic, cardboard, wood or metal when tacked, nailed or fastened in any way to trees, poles, stakes, fences, the ground, or other objects where such sign may or may not be appli- cable to the present use of the property upon which such sign is located. Temporary sign means any sign which is designed, constructed and intended to be used on a short-term basis. A permanent sign with periodic changes to the message shall not be considered a temporary sign. Vehicle sign means any sign affixed to any motor vehicle, horse drawn carriage or wagon, trailcrG a vehicle or trailer. Wind sign means any devise, including but not limited to, one or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other cloth or plastic or other flexible light material made in strips, triangles or other shapes which are fastened together at intervals by wire, rope, cord, string' or other means, or signs that are inflatable, in such manner as to move by wind pressure and which are used or displayed to attract attention to a business, product, service or entertainment. Figure 1 Types of Signs Page 6 of 27 Section. 90 -565. Maintenance of signs. (1) All signs allowed by this division, including supports, braces, guys and anchors, electrical parts, and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes that may be adopted by the City. (2) The vegetation around, in front of, behind, and underneath the base of freestanding signs for a distance of 10 feet shall be neatly trimmed, and free of unsightly weeds, and no rubbish or debris that may constitute a fire hazard or health hazard shall be permitted under or near the sign. Signs and sign structures shall always present a neat and clean appear- ance; any sign not in this condition by virtue of age, weathering, fading, tearing or loose fabric, or other defect shall be corrected within thirty days of written notice. (3) Section. 90 -566. Right of entry and inspection. Appropriate City employees or Code officers in the performance of their function and duties and under the provisions of this division may enter into and onto any lands upon which advertising signs or advertisements area displayed and make such inspections and surveys as may be relevant subject to constitutional limitations and state law. Section. 90 -567. Exempt signs (no permit required). (1) Signs in Non- Residential Zoning Districts (no permit required). The following signs shall be considered as permitted signs and shall be exempt from the requirements to obtain a sign permit as set forth herein, so long as they are not considered prohibited signs. (a) Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products. (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 including window signs affixed to Page 7 of 27 /414(410mb tC1.-L-0`2- sity of a sign permit: (d) (e) (f) (1) the interior of windows nd which are visible from the exterior. (Ref d S`66. b0=57311 er:t 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. 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. 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. Holiday decorations, provided that such decorations are removed within 30 days of the particular day being celebrated. 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. 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. Siqns in Commercial and Industrial Zoning Districts (no permit required). (RELOCATED AND MODIFIED FROM SECTION. 90 -573) In addition to any other permitted temporary or permanent sign , the following signs are permitted within Commercial and Industrial zoning distncts without the neces- � . �o� �. v ? � (D7. a Temporary portable signs placed on the sidewalk in front of the business so long as provided they do n. interfere or Page 8 of 27 endanger pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. 2. Signs designating the name of the business operating at the location and which names are printed on the overhanging can- opy for those businesses located along and adjacent to Park Street. 3. Banners that celebrate an event, season, community, 'neigh- borhood, or district which is sponsored by the city, or a 'recog- nized not -for- profit community agency or organization. 4. One ground sign, in addition to any other permitted signs, shall beer -matt , ut no closer than 25 feet to a Residential Zoning District. [MODIFIED AND RELOCATED FROM SEC. 90- 569 (7)] 5. Window signs visible'. (or buildm affixed to the interior of windows which are exterior. The area of such window signs shall be counted as part of the allowable area for (2) Signs in All Zoning Districts (no permit required). Within all zoning districts, the following signs shall be considered as per- mitted 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 tha one eal estate sign advertising the sale, rental or lease of the pre es 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 shall 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. Page 9 of 27 (e) No trespassing and private property signs not exceeding two square feet in area. (f) Vacancy or no vacancy signs not exceeding two square feet in sign area. (g) Temporary political campaign signs announcing the candidacy of a candidate for public office not exceeding four square feet in sign area in residential zoned areas, and not exceeding 32 square feet in commercial and industrial areas. The placing of political signs on City property or rights -of -way is prohibited. Illegally placed signs shall be removed without notice by the Code Enforcement Officer, and all political signs shall be removed within 72 hours of ten days after the election or primary for which the candidate is running. Any such signs removed by the City may be cited against the candidate for code violation under Chapter 162 Florida Statutes, and all actual costs incurred in removal of such signs shall also be assessed in such action. (h) Religious symbols and displays. (i) Garage and yard sale signs within residential districts only, not to 7 exceed two square feet in sign area; such signs shall not be * erected in public rights -of -way, on telephone poles, trees or fences, and shall be removed the same day as the last day of the sale. No such signs shall be permitted for a period in excess of three consecutive days. inn r� i r D Section. 90 -568. Prohibited signs. The following signs are expressly prohibited unless otherwise exempted or expressly authorized: (1) Signs that violate building or electrical codes. (2) Any signs that presents safety, traffic or pedestrian hazard, including signs which obstruct visibility or are located in the clear visibility triangle. (3) Blank signs, or signs that have faded or eroded to the extent no message or display is discernable. Page 10 of 27 electronic or mechanical means, excepting for governmental traffic devices and signage. (6) Signs with lights or illumination that flash, move, rotate, blink, flicker, .(4_1 Signs with moving' lights. Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. Signs with visible moving, revolving," running, or rotating parts or visible mechanical movement of any description or other apparent visible move - ment achieved by electrical, electronic, or mechanical means except for time - temperature -date signs, traditional barber poles, and governmental traffic devices and signage. This prohibition includes signs with the optical illusion of movement by means of a design' that presents a pattern capable of giving the illusion of motion or changing of copy, except signs of this type that provide time and temperature, or that display an ;image or electronic message, so Iona as such display or message does not change: more frequently . than once every, 60 seconds. Signs'' that are obscene; indecent or immoral.' Signs' in excess of 100 square feet of sign face or in excess' of 30 feet in height. (7) Strings of Tight bulbs used on commercial properties to promote commer- cial uses, other than holiday decorations. (8) Wind signs. (9) Signs that incorporate projected images or emit any sound that is intended to attract attention. (10) Signs that emit audible sound, odor or visible attention, such as smoke or steam. (11) Signs or sign structures that interfere with the use of any fire escape, emergency exit or standpipe. Page 11 of 27 (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, exptas' permittted under> allowable tempo (v 1iians (16) Signs erected on public property without the permission of the appropriate public authority, other than signs erected by public authority for public pur- poses, 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 appro- priate City Department. (18) Portable signs, including , those inserted or fastened to the ground by stake or wires, 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 are prohibited except as otherwise permitted as:temporary signs: (19) Roof signs, as defined in this division. (20) Signs placed, erected or posted on trees, telephone or utility poles, lamp- posts, hydrants, fences, or any public building, or within the public park, except for banners that celebrate an event, season, community, neighbor - hood, or district which is sponsored by the city or " -.a recognized not-for- profit community agency or organization. (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 one's vision into the business, as provided by Florida Statute . NEED REFERENCE THE FS # Page 12 of 27 (23) Snipe signs, as defined in this division. (24) Signs placed on benches, bus shelters, or waste receptacles except; (a) as may be authorized in writing pursuant to F.S. 337.407; and (b) waste or rec clin rece tacles located on -site and containin onl the name' of the business or organization and the term "waste", "recycling "'_ or similar terms intended to confer the purpose of the receptacle DO WE WISH TO INCLUDE SPONSORED OFF -SITE LOCATIONS ON PUBLIC PROPERTY "SPONSORED" BY A BUSINESS /ORGANIZATION? (25) Signs or commercial displays on motor vehicles, trailers, boats, or other transportable device, in a sign area in excess of 10 square feet total, when such vehicle, boat, trailer or device is parked on any public street, public right -of -way, on- street parking space or other public parking area or other municipally owned property, except for the period during which the owner is visiting; an establishment in the ''immediate vicinity, SHOULD WE REFER TO "MUNICIPALLY" OR "PUBLICLY" OWNED PROPERTY? (b) such is visible from a street right of way that the vehicle, boat, .. - C1,CQ &l4-S2 (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. (2) For building signs, except murals, the sign area shall be the area within the smallest geometric shape that touches the outer point of raised portions of the sign, or all of the borders or trims, or in the absence of such border or trim, the outer points of the letters or pictures. For freestanding signs where two sign faces are placed back to back on a single sign structure, and the faces are at no point more than four feet apart, the sign area shall be the area of one of the faces. (3) (4) For freestanding signs, where four sign faces are arranged in a square, rectangle, or diamond, the sign area shall be the area of the two largest faces. Page 13 of 27 (5) Where a freestanding sign or building sign is in the form of a three dimen- sional object, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the largest possible two dimensional outline of the three dimensional object and multiplying that area by two. (6) No sign shall exceed a total of 100 square total feet of sign face, or be in (7) for in this division. THIS HAS BEEN MOVED TO SEC. 90 -568. For those signs permitted in all Commercial or Industrial Zoning Districts, ted, but no closer than 25 feet to a Residential Zoning District. THIS HAS BEEN MOVED TO SEC. 90 -567, 1, (j) Section. 90 -570. Permitted temporary signs (no permit required) (1) Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal by the City. (2) The following temporary signs are permitted without a sign permit, provided that the sign conforms to the requirements associated therewith. set forth below: (a) Signs to indicate that an owner is, either personally or through an agent, actively attempting to sell, rent, or lease property on which the sign is located, provided that the sign: 1. does not include the price, terms or similar details. 2. is not illuminated in any manner so as to create a traffic hazard or distraction, or constitute a nuisance to any adjacent or surrounding property. 3. does not exceed six square feet in area in residential districts. 4. does not exceed 32 square feet in all other districts. 5. is removed immediately after sale, lease or rental. (b) Signs, portable signs, temporary banners, search tights, spot lights, or wind signs to indicate a new business, the grand opening of a business or other activity, or that indicate a special business sales event, provided that the sign, portable sign, temporary banner, search Tight, spot _light, or wind sign is not displayed for a period exceeding 14 total days and that it the sign is not placed on the public right -of -way. Page 14 of 27 (c) Construction site identification signs provided that the sign: 1. does not exceed 32 square feet in sign area. 2. is not displayed more than 60 days prior to the beginning of actual construction of the project. 3. is removed within`15 days after the issuance of the final certificate of occupancy 4. 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. 5. is not located on a public right-of-way. (d) Signs, including portable signs, to announce or advertise such tem- porary uses as fairs, carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational or religious event or function, provided that the sign: 1. is located on the let same property where the event will occur or if _located elsewhere, the written consent of the property owner on which the sign(s) will be located has been obtained, 2. is not displayed more than 14 days prior to the event; and 3. is removed within three days after the event. (e) Temporary portable signs placed on the sidewalk in front of the busi- ness located in a commercial or industrial zoning district provided they do not interfere or endanger pedestrian traffic and are not dis- played any time other than during the normal operating hours of the business. (f) 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. Page 15 of 27 (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 any one 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) 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. (3) (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 any one 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. In lieu of the above described fascia signs, a business may install a single bracket sign or a single marquee sign in accordance with the following: (a) The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than 60 square feet of projected sign face area. (b) There shall not be more than 12 inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten feet. (c) No portion of such sign shall extend above the height of the roof. Page 16 of 27 (d) No portion of such sign shall be closer than eight three feet of any sidewalk, bike path, or pedestrian walkway and no closer than five feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. -e - (1) Temporary signs placed on the sidewalk in front of the business so long as they do not interfere or endanger pedestrian traffic, and are not (2) Signs designating the name of the business operating at the location The text of Sec. 90 -573 has been relocated to Sec. 90- 567(j). Section 90 -573. 'Display of street numbers required. 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. This section has been relocated from Sec. 90- 575(4) Section 90 -574. Off - premises signs. With the exception of signs _,'permitted on benches, bus shelters or waste /recycling receptacles which are permitted as exceptions to prohibited signs under Sec. 90 -568, off- premises signs, e e _ e-- e _ e e - _ are permitted in all zoning districts provided the 'sign is for directional purposes only and meets except, subject to all applicable provisions of this division and all of the following conditions (1) That such signs are not within a public right -of -way, and a permit appl -i- - - - - - current and valid lease Y or letter of permission from the property owner for placement of the sign at that location, accompanies the permit application. (2) That such signs shall not exceed 20 feet in height nor display a sign face in excess of 50 square feet. (3) An off- premises directional sign, may be erected in all zoning districts, any zoning district but shall not be attached to Page 17 of 27 another existing sign, but shall not or be within 100 feet of a similar sign, ................ ..... ............ _.... or within 600 feet along the street of a sign for the same establishment. (4) That such signs contain no advertisement other than the name and type of the business, and directional information to travel to that business. (5) That such signs located within any residential district make no reference to a commercial or industrial business or use. Section. 90 -575. Unified Sign Plan. — OYY-)11 (1) After initial effective date of these regulations, all new non - residential development which shall contain space or units for more than one business or occupant shall provide a unified sign plan with the application for building permits. All subsequent application for sign permits shall comply with the approved unified sign plan. The unified sign plan shall comply with they Nb �eace- provisions of this chapter and shall include the location, size, and height of each sign and a picture or description of the type of each sign. The plan and shall also demonstrate a consistent theme and design with respect to each of the following: (a) (b) (c) Manner and type of construction, including materials to be used, installation method and mounting details. Means of illumination, if any, and hours of illumination. Size, color lettering and graphic style. following: (a) Issuance of a sign permit shall be required, and no such sign shall one year from the issuance date of the permit. for a period of time longer than 30 consecutive days. section of this code. Page 18 of 27 shall be required for such signs, and these signs shall be removed within 10 days of sale or lease of the property. Subsections (2) and (3) have been modified and relocated to Sec. 90- 576(1) and (2), following. 90 -573 This section has been relocated to Sec. Section. 90 -576. Development signs and entrance signs for subdivisions, multi - family or PUD developments. (1) Signs for purposes of announcing a coming development project may be placed within all any Commercial and Industrial Zoning District, subject to the following: (2) (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 the sign face area and height of such sign shall not exceed 32 square;, feet and six feet in height, respectively. the height or size Within non- residential zoning districts, one sign advertising the sale or lease of the property shall be allowed per lot or development parcel and such sign shall be 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. Page 19 of 27 (3) Except for exempt signs as herein provided, signs within Residential Mixed Use Zoning Districts developed as a PUD or PUD Zoninq Districts shall be limited to those set forth below. (a) For Single Family and Multi - Family Residential Subdivisions, and developments containing more than 10 building lots, where indivi- dual 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, net-to-exceed twe-sigias provided that: 1. There shall be no more than two signs per subdivision or development. 2. Sign area shall not exceed 32 total square feet of sign face area. 3. Maximum sign height shall not exceed eight feet. 4. 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. 5. 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. • I • ■ • • • ■ the development shall be allowed at each entrance not to exceed square feet of sign face area. (2) The maximum height shall not exceed eight feet. • more than one sign is allowed, each such sign shall be and shall not be directed towards any street or residential lot. Page 20 of 27 (b) For multi- family residential uses, development identification' signs, internal directional signs and building identification signs are allowed subject to the following, 1. One freestanding or monument style sign identifying the name of the development shall be allowed at each entrance provided that: a. There shall be no more than two signs per development. b. Sign area shall not exceed 32 total square feet of sign face area for each sign. c. Maximum sign height shall not exceed eight feet. d. Where more than one sign is allowed, each such sign shall be constructed and designed in the same manner. e. These signs may be 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 2. Internal directional signs and signs identifying buildings shall be limited to three feet in height and eight square feet of sign face area. Section. 90 -577. Special Ilregulations for signs in residential and PUD zoning districts. (1) A home occupation may have one nonilluminated sign, not exceeding one square foot, mounted flat against, the principal building. (2) A boardinghouse or day care center located in a multi- family residential district may have one nonilluminated sign, not exceeding eiqht square feet and, if freestanding, eight feet in height. (3) Except as may be permitted as a temporary sign, no portable sign hall be permitted in any residential zoning district or that portion of a PUD that is devoted to residential use. Section. 90 -578. Code compliance. All permanent signs and the illumination thereof, shall be designed, constructed and maintained in conformity with applicable provisions of the building and electrical codes. Page 21 of 27 Section. 90 -579. Illumination standards. (1) Sign lighting may not be designed or located to cause confusion with traffic lights. (2) Illumination of the sign is permissible, provided that none of the light emitted shines directly onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets. (3) Illuminated signs shall not have lighting mechanism that project more than eighteen inches perpendicularly from any surface of the sign over public space. Section 90 -580. Placement standards. (1) Supports for signs or sign structures shall not be placed in or upon a public right -of -way or public easement, except under the terms of a lease between the owner of the easement or right -of -way, and the owner of the sign, or with the written approval of the City of Okeechobee. (2) No freestanding sign shall project over a public right -of -way. (3) No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. (4) No sign or sign structure shall be within 15 feet of the outside boundary of any public highway, or within 200 feet of any church, school, public park, public reservation, public playground or recreation area, or residential zoned district. The distance to the sign shall be measured along the public highway on which the advertisement is located; provided however, that signs may be erected on any business lot within one hundred twenty feet of any residential zoned district, or may be affixed or painted upon any business building within any business district, with the exception of murals which is governed by this code. Section. 90 -581. Clearance standards. (1) All signs over pedestrian ways shall provide a minimum of seven feet six inches of clearance. (2) All signs over vehicular ways shall provide a minimum of 13 feet six inches 17 feet of clearance. Section. 90 -582. Design standards. (1) All freestanding signs shall be designed to resist a wind pressure of twenty pounds per square foot in any direction. Page 22 of 27 (2) No building sign may project more than one feet 18 inches from the build- ing wall. Section. 90 -583. 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 regula- tions, 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 maxi- mum 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, includ- ing temporary relocation associated with routine maintenance of a property. (b) Any voluntary change which increases the height, size, display area or illumination of a sign. (c) (d) (e) Any sign on which 50% or more of the material making up the sign face is replaced (excluding the mere repainting of the message, or the replacement of removable lettering attached to the material making up the sign face. weathe-r-r-elated-aGh Any sign which is involuntarily damaged to an extent of 50% or more of its sign face. Page 23 of 27 (4) (5) Any replacement of an abandoned sign, defined as any sign not routinely maintained as required by this code. Any change necessary for compliance with Florida Building Code requirements. and /or business ownership. When the property on which the sign is located, or the business to which the sign is associated, is sold and there is any change, other than routine maintenance, to the sign. 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. Notwithstanding the preceding provisions, all signs permitted within all Commercial and Residential Zoning Districts pursuant to this Section of date of these regulations, which shall be the second and final reading of Section. 90 -584. Violation constitutes nuisance; abatement. Any advertisement, advertising sign or advertising structure which is constructed, erected, operated, used, maintained, posted or displayed in violation of this code is hereby declared to be a nuisance, and shall be forthwith removed, obliterated or abated. Any portable sign such as snipe signs or real estate signs may be removed without notification of the property owner, or such advertiser, if such sign is placed in a public right -of -way. Section. 90 -585. Permit application and approval process. (1) The developer shall submit to the building official a completed sign application. (2) Within 10 days after receipt of an application, the building official shall determine that the information is complete or incomplete and inform the developer of the deficiencies, if any. If the application is deemed: (a) Incomplete, the developer may submit the required information within 10 days without payment of an additional application fee, but if more than ten days elapse, the developer must then initiate a new application and pay a new application fee; or (2) Complete, the building official shall determine if the sign meets all provisions of this code, and shall issue the permit which states whether the application is approved, denied or approved with condi- tions, within twenty -one days of receiving the application. Page 24 of 27 Section. 90 -586. Procedure for appeal. Any administrative decision that is made by any City Official in the administration or enforcement of this code may be appealed within 30 days to the Board of Adjustment and Appeals, whose decision shall be final. Section. 587. Murals. (1) Murals shall be permitted on all Commercial or Industrial structures within the City. Murals which depict historical and cultural scenes, and which contain no commercial messages, shall be developed in conjunction with, and under the guidance and supervision of, Okeechobee Main Street Inc., and shall be governed by the provisions of Appendix F, and are not subjest-ivisien 111: (a) The total area of the mural shall not exceed one hundred squaro feet of sign face; (c) No mural may be in such proximity to the road or right -of -way of the City, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise public safety concems. (2) For purposes of this Section, "Murals" shall be defined as painted art NOTE: There is a now a definition of "mural" in Sec. 90 -564 that is consistent with the current definition and therefore this definition is not needed. qua'ia'smiuira '41 0-11P era apol : le �: a attt ns _ n =t#ats-_ iYrsrori Page 25 of 27 gay Sections 90 -590 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 of 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of 2008 ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 26 of 21 February 19, 2009 rl r T 0 0 ��(1) LL W 0 cu 0 V Q) a) 0 0 V 1-- • 0 cn c 0 E co -o co 0 0 cu 0 co To U Iwo •� E W 0 c 0 0 C 0 V ntergovernmenta c E ro co 14 0- a) Z - O — L 0 V L. O a) V a) o_ O 4.' r0 ti O 0 _c 0 z '- U) - O `n 0 co ' - c c — o F- •- g E lin. L. rzi_ W r0 4J DC CI L _c a) 1-1 O •0 -1-' _c t/i _ _ _c -w Z u) _a ....) C y_ O .� •� a) 0 (n E c p o cm Z cn w ro co 4 Q) �.; L . > rD cn L a, rts V •— > f._ E ra - w-w u) eL ct a) a) o 8c E-0 '6 eu c a. V c O o = Q c!) w c1) r0 U w U u) SOL O 011 L C (13 (D Q (I) CU :4-, -C 61) >% = U C 4...; a) c I_ (1) O .8 a)c 4-) L... . (0 ra (0) V .- co o _c a) (12 60 .uro_ ad ma IQ) ai c L.. L. (/) U ,JoO _cOL cn a c� cm o -1--J o >% L. 4- E ro —1 E -c L V O a� L ma) >.ocno° O o -I-, a) o 0 i_ C V° •- co 2 -0 4- (1) X c O V L L.— o Q >- V L —cam �o V) E Ecl 1-1 .- � O V V •� .- ( O . ci, .Ln (I) > al) 0 a) a) L- rc3 • • r.. ce a #co_c co W a) 4.) .0 E -i-J 1— (I) n (f) 0 E CD a) -a L. 2 D .n to 1— .� Q v' Cl. V L (n W "d a) C O N a..+ C ea vl ro O. :....v) E .(1) -0" ,.ce k..) L N N N W E4_, .1.-J 4--) a) >. N N� o 2 2 N 1- Q c0 � fp � p Q N -a C i "d U 16 QCI_ QD V O J 1 0 (17 >%1 to in FEE H • Kick -off meeting with the public cn L ro E N To 1- O 4) d) E U Q 0 • • List major issues approved by the City Council and the LPA. U_ (O L U 0 O 4- U) Q) C D CD V) U (n Eu-0'D O Q) C c — V D � Q) 01U C 01 C N J To a) U E V al N .--i L a) _C >, O L'' ID -0 0 -0 CT pa V) N C C -C O V Q 4 ( ' c N cu Ecn "7.) u) O V C 4-j .� N 4-I C V) C L -a O O N U =O Q a1 0.1 (v • • • Request Letter of Understanding from DCA. cc a) - 1--� - o co >% .63 a) tQ E E C — E o -� . a--, c o o Q (l) �� 0 13 (n CU (0 CL m C • — E >% CU L tQ .o 1-1 . .> tti a) — c E E o cu W ru -c a '0 a) > .6- ) rya s (J) E a--Jc 4) o o o a ig _c CU CU U o a) c a) cu • • c c 4..) ..c i_ N 4_, �> v '� E ,— N CU INIV CU - RI 0 L, �, � L U 1-1 Q W na • • • • Crs F Task 3: First Draft of the EAR • Prepare draft EAR based on identified major local issues. • Identify how the Plan should be changed. 10 C3 0 0o c0 a) O a) cn . - N Q.W -0 O V 0 u 0 0 0 _ J • • U a) L ti— V • w CU CU (f) O U 0 4J C C15 U • L ca O 0_ U 0 O W Q O E �o (J) N •