TO ADDRESS THE PRESERVATION OF PROPERTY FORMERLY ZONED HOLDING IN

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, PROVIDING FOR AMENDMENT TO PART II-CODE OF ORDINANCES, SUBPART B- LAND DEVELOPMENT REGULATIONS, CHAPTER 66-GENERAL PROVISIONS, BY ADDING A DEFINITION FOR LIMITED AGRICULTURE TO SECTION 66-1; CHAPTER 90-ZONING, ARTICLE III-DISTRICT AND DISTRICT REGULATIONS, CREATING DIVISION 15-RURAL HERITAGE (RH) DISTRICT, TO ADDRESS THE PRESERVATION OF PROPERTY FORMERLY ZONED HOLDING IN SECTIONS THROUGH ; DIVISION 2-RESIDENTIAL SINGLE-FAMILY ONE (RSF-1) DISTRICT, DIVISION 5-RESIDENTIAL MULTIPLE-FAMILY (RMF) DISTRICT, DIVISION 10-INDUSTRIAL (IND) DISTRICT, BY ADDING LIMITED AGRICULTURE OF A COMMERCIAL NATURE TO THE LIST OF PERMITTED USES TO SECTIONS , , AND ; DIVISION 13-RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-R) DISTRICT, BY ADDING LIMITED AGRICULTURE AS A PERMISSIBLE INTERIM USE TO THE LIST OF PERMITTED USES IN SECTION ; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Okeechobee, Florida adopted Ordinance No. 716, as amended, known as the Land Development Regulations, and codified within the Code of Ordinances as Part II, Subpart B to provide consistency for growth and development; and WHEREAS, the City of Okeechobee, Florida has a legitimate interest in periodic review of its ordinances and Land Development Regulations to address certain inconsistencies or outdated regulations contained in the Code of Ordinances; to make amendments to meet changing community standards, or to accommodate new development; to create new ordinances or regulations to better serve the public and to make the Code of Ordinances a more consistent and easier to understand document; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed the Code of Ordinances and Land Development Regulations to determine areas of improvement; discussing proposed amendments at duly advertised public workshops and meetings held on February 21, 2013, July 18, 2013, September 19, 2013, and October 17, 2013, and based on findings of fact by Planning Staff, hereby recommends certain changes, amendments or modification to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, has considered the recommendations and concludes that each of the proposed amendments is in the best interest of the City and its citizens; that said amendments are necessary and appropriate to make the Code of Ordinances more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: Ordinance No Page 1 of 5 Language to be added is underlined Language to be deleted is struck through

2 SECTION 1: That Section 66-1 Definitions of Chapter 66 General Provisions of the City of Okeechobee, Florida, Code of Ordinances Part II, Subpart B Land Development Regulations, is hereby amended by adding the following definition which read as follows: Limited agriculture means commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maximum of three in total number of hogs, sheep, and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale. SECTION 2: That the City of Okeechobee, Florida, Code of Ordinances Part II, Subpart B Land Development Regulations, Chapter 90 Zoning, Article III Districts and District Regulations, is hereby amended by adding a Division entitled Rural Heritage (RH) District to be numbered as 15, and Sections: Generally, Permitted Uses, Special Exception Uses, Customary Accessory Uses, and Lot and Structure Requirements, which said Sections read as follows: Division 15. Rural Heritage (RH) District Section Generally. (a) There are, within the City, parcels of land or ownerships (even though technically subdivided) that are presently undeveloped or used for agricultural purposes and were formerly zoned Holding, a zoning district no longer in existence. The City wishes to preserve the potential for limited agricultural use on these properties through creation of the RH District. (b) The RH Zoning District may be applied only to lands designated Residential, Multi- Residential, Mixed-Use Residential, and Industrial on the Future Land Use Map of the Comprehensive Plan and identified as Holding on the Zoning Map, as revised July 19, (c) Uses in the RH District shall be subject to the regulations of this division. Section Permitted Uses. The following principal uses and structures are permitted in the RH District: (1) Detached single-family dwellings. (2) Limited agricultural uses and associated structures for the commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maximum of three in total number of hogs, sheep and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale. Section Special Exception Uses. The following uses and structures are permitted in the RH District after the issuance of a Special Exception Use Petition. (1) Permitted uses in excess of 30 feet in height. (2) Reserved. Ordinance No Page 2 of 5 Language to be added is underlined Language to be deleted is struck through

3 SECTION 2: CONTINUED, ADDING RH District: Section Customary Accessory Uses. Each permitted principal use and special exception use in the RH District is also permitted to have the customary accessory structures uses for that use. Section Lot and Structure Requirements. (1) Minimum lot area. Except where further restricted by these regulations for particular use, minimum requirements for the RH District shall be as follows: a. family dwelling: Area Two (2) acres Width 200 feet b. Commercial or noncommercial, boarding, raising, and grazing of horses and cattle: one (1) acre per animal c. Non-commercial raising or keeping of hogs, sheep, and goats: one (1) acre per animal d. Other permitted principal uses and structures: None, except as needed to meet all other requirements set forth herein. (2) Minimum yard requirements. The minimum yard requirements in the RH District, except where greater distance is required by yard setbacks, shall be as follows: a. family dwelling: Front 25 feet Side 10 feet Rear 10 feet Waterfront 20 feet b. Other permissible structures: Front 25 feet Side 20 feet Rear 20 feet Waterfront 20 feet (3) Maximum lot coverage by all buildings. a. family dwelling: 45 percent b. Other permissible principal uses: 45 percent (4) Maximum impervious surface. a. family dwelling: 55 percent b. Other permissible principal uses: 55 percent (5) Maximum height of structures. a. family dwelling: 30 feet b. Other permissible principal uses: 30 feet Ordinance No Page 3 of 5 Language to be added is underlined Language to be deleted is struck through

4 SECTION 3: That Section Permitted Uses of Chapter 90 Zoning, Article III Districts and District Regulations, Division 2 Residential Single - One (RSF-1) District, of the City of Okeechobee, Florida, Code of Ordinances Part II, Subpart B Land Development Regulations, is hereby amended by adding item (6) to read as follows: (6) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, SECTION 4: That Section Permitted Uses of Chapter 90 Zoning, Article III Districts and District Regulations, Division 5 Residential Multiple (RMF) District, of the City of Okeechobee, Florida, Code of Ordinances Part II, Subpart B Land Development Regulations, is hereby amended by adding item (8) to read as follows: (8) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, SECTION 5: That Section Permitted Uses of Chapter 90 Zoning, Article III Districts and District Regulations, Division 10 Industrial (IND) District, of the City of Okeechobee, Florida, Code of Ordinances Part II, Subpart B Land Development Regulations, is hereby amended by adding item (29) to read as follows: (29) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, SECTION 6: That Section Permitted Uses of Chapter 90 Zoning, Article III Districts and District Regulations, Division 13 Residential Planned Unite Development (PUD-R) District, of the City of Okeechobee, Florida, Code of Ordinances Part II, Subpart B Land Development Regulations, is hereby amended by adding item (c) to read as follows: (c) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, SECTION 7: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: Severability. If any provision or portion of this ordinance is declared by a 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 9: Effective Date. This Ordinance shall take effect immediately upon its passage. Ordinance No Page 4 of 5 Language to be added is underlined Language to be deleted is struck through

5 INTRODUCED at a Public Hearing for First Reading as provided by Florida Statute th (3)(c)2.a.b., and set for final public hearing on this 18 day of February, ATTEST: James. E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED on Second Reading at a duly advertised Final Public Hearing th on this 4 day of March, ATTEST: James. E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No Page 5 of 5 Language to be added is underlined Language to be deleted is struck through

6 Summary of Amendments to the Land Development Regulations Proposed Ordinance No st Public Hearing: February 18, 6:00 p.m. A. Add definition for the term Limited Agriculture. This definition should be the same as proposed in the Comprehensive Plan. B. Create a new RH, Rural Heritage Zoning District and allow for limited agricultural uses to be available only to properties currently designated H on the Zoning Map. The new RH District is much more limited than the original "H" District in that the new RH District is intended only to preserve the right to undertake limited agricultural uses for those persons owning lands now zoned "H". Consequently, we have retained the minimum lot size for a single-family dwelling at two acres with a minimum width of 200 feet as was required under the old "H" District. Since these properties are located in the Future Land Use Category, the only other zoning district consistent with this category is RSF1. Therefore, for the most part, the structure requirements for the RH District are very similar to those of the RSF 1 District. C. Create a provision that will grandfather existing commercial agricultural uses on properties located in the RSF1, RMF, IND Zoning Districts for which there now exists an active agricultural exemption granted by the Okeechobee Property Appraiser. D. Include a provision that allows limited agricultural use on an interim basis for properties in the PUD-R Zoning District. EXPLANATION OF PROPOSED CHANGES TO THE LDR s Two separate approaches are used to address the issues at hand. One addresses properties presently shown as H on the Zoning Map. The second addresses the five parcels not zoned H, but identified as having been granted agricultural exemptions by the Okeechobee Property Appraiser. A. Create a new Rural Heritage Zoning District The proposed new RH, Rural Heritage, zoning district is to be applied to lands currently shown as H on the Zoning Map and which are designated on the Future Land Use Map (FLUM). This new district is based on, but not identical to, the old H-Holding District. 1

7 As suggested at the July 18 th joint meeting of the City Council and Planning Board, we reviewed the Rural Heritage designation employed in Martin County. However, this is not a zoning district, but a Future Land Use designation. Martin County s purpose in creating this designation is different from that of Okeechobee. Specifically, Martin County uses this future land use designation to: protect these areas by assigning reasonable development options consistent with the agricultural character of the area and to preserve the area s rural character. Okeechobee, on the other hand, is primarily interested in retaining a property owner s right to continue limited agricultural use on a property. Consequently, other than to perhaps incorporate a name similar to that used in Martin County, we have not incorporated any specific provisions of Martin County s Rural Heritage designation. One important decision still remains to be made with regard to the RH District. During the Joint City Council Planning Board meeting on July 18 th, it was the consensus that the new RH Zoning District would only be applied to lands currently identified as H on the Zoning Map. No other properties would be allowed to be rezoned to RH. However, the RH District as proposed and approved by the LPA inadvertently did not include this limitation. Further, there appeared to be some ambivalence among the LPA members toward including this limitation. Therefore, if City Council wishes to prevent any other properties from being zoned RH in the future, Section (b) should include the highlighted text on the following page. On the other hand, if the Council wishes to allow other properties located in Industrial and, Multi- or Mixed-Use Residential Future Land Use Categories to be zoned RH, then highlighted language should be removed. B. Add a definition for limited agriculture and allow limited agriculture in the RSF1, RMF, IND and PUD-R Districts In order to implement the new RH District and to allow the continuation of the uses for which the County Property Appraiser has approved agricultural exemptions, the following changes are proposed to the LDC: 1. Amend Sec to add a new definition for Limited agriculture to read as follows: Limited agriculture means commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maximum of three in total number of hogs, sheep, and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale. 2. Amend Sec by adding a new item (6) to the list of permitted uses in the RSF 1 District, to read as follows: (6) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19,

8 3. Amend Sec by adding a new item (8) to the list of permitted uses in the RMF District, to read as follows: (8) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, Amend Sec by adding a new item (29) to the list of permitted uses in the IND District, to read as follows: (29) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, Amend Sec by adding a new item (7) to the list of permitted uses in the PUD-R District, to read as follows: (7) Limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development. PROPERTIES ZONED H, HOLDING ID Existing Use(s) Location/Addresses FLUM Lot/Parcel Characteristics Some vacant lots referred to only by street Vacant lots as well as nine number. Specific addresses include: 1202 NW single-family homes and 16 lots less than 1 acre 1 13 one lot with a triplex and th St., 800, 803, 804, 806, & 810 NW 12 th St.; 5 vacant lots 1 acre or more 1109 NW 8 two single-family units. th Av.; 1100 and 1110 NW 9 th Av.; 800, 802, 804,806, & 808 NW 11 th Av. Located on NW 7 2 Whole block is vacant. th Ct. between NW 10 th and NW 1 vacant parcel 2.2 acres 3 Whole block is vacant. 4 All properties are vacant. 5 Two single-family units on small lot, large parcel is vacant. 6 Vacant 7 8 Western strip of this lot is part of the parking for the commercial office use immediately to the west and owned by the same entity. Single 11 th Avenues Located on NW 7 th St. between NW 9 th and NW 10 th Avenues Property is improved pasture referred to only by street number and located between SW 2 nd and 9 th Streets just east of SW 10 th Av. 517 SW 21 st St.; balance of property has no specific address but is located in southwest most part of City on north side of SW 23 rd St. Improved pasture between SE 8 th and 13 th Streets west of Taylor Creek 815 South Parrott Av SE 9 th Dr. Residential Mixed Use 2 vacant parcels, each 2.2 acres 1 vacant 13.9 acres; 1 vacant 13.3 acres 1 vacant acres; 1 parcel 1.5 acres, both under same ownership 1 vacant 32.5 acres Parcel is 2.2 acres part of which is used for a parking lot for adjacent property. 1 vacant 2.2 acre parcel 3

9 PROPERTIES ZONED H, HOLDING ID Existing Use(s) Location/Addresses FLUM Lot/Parcel Characteristics Westernmost parcel is 802 SE 10 th Av.; parcel to 1 vacant 4.7 acres; 9 Vacant east has no address. 1 vacant 9.9 acres, 10 Vacant 11 Vacant 12a Accessory building to single-family use 14 All vacant 15 All vacant No address; located south of NE 4 th St. west of Taylor Creek. No address; large tract located east of Taylor Creek to City limits and south of the railroad track. 649 NE 6 th St. No addresses; all properties are vacant and located between NE 9 th & 11 Streets and NE 3 rd & 5 th Avenues. Only one parcel has an address, 150 NE 13 th St.; the balance of the parcels have no addresses; they are located between NE 14 th and 12 th Streets west of Taylor Creek. PROPERTIES NOT ZONED H, BUT WITH AGRICULTURAL EXEMPTIONS both under same ownership 1 vacant lot of less than one acre 1 vacant 56.4 acres 1 vacant lot less than one acre 11 vacant lots less than one acre 12 vacant lots less than one acre ac. ID Existing Use(s) Location/Addresses FLUM/ Zoning Lot/Parcel Characteristics A Improved Pasture IND/IND Ag Exemption, 41.9 ac. B Improved Pasture A B000 M-U RES/ PUD-R Ag Exemption, ac. C Improved Pasture A B000 MF/RMF Ag Exemption, 0.97 ac. D Improved Pasture A MF/RMF Ag Exemption, 8.92 ac. E Improved Pasture A SF/RSF1 Ag Exemption, ac. 4

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