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0742 Temp. Produce Stands/Off Premises Auto Sales• ORDINANCE NO. 742 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, SECTIONS 680, 681, THERETO ELIMINATING TEMPORARY PRODUCE STANDS AS A PERMITTED TEMPORARY USE; INCLUDING OFF - PREMISES MOTOR VEHICLE SALES AS A PROHIBITED TEMPORARY USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the existing Land Development Regulations (LDR's) Ordinance No. 716 are inconsistent in certain respect with existing ordinances; and WHEREAS, Section 680 thereof defining permitted temporary uses within the City of Okeechobee is inconsistent with the provisions of Chapter 10 of the Code of Ordinances; and WHEREAS, the City Council finds specifically that the proposed amendments herein are consistent with the Comprehensive Plan for the City of Okeechobee, Florida; and WHEREAS, the City is authorized by the provision of Florida Statues Chapter 163 to enact and amend LDR "s from time to time, so long as same are consistent with the Comprehensive Plan. Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that the provisions of Sections 680, 681 of the LDR's, Ordinance No. 716, are hereby amended as follows (new language underlined; deleted language is struck thfeugh): 680 TEMPORARY STRUCTURES Temporary structures shall be subject to the following Regulations. Public emergency structures; and public structures in public parks, are exempt from these sections. 681 TEMPORARY STRUCTURES BY TEMPORARY PERMIT The following temporary structures may be permitted upon the issuance of a temporary permit, subject where applicable to additional restrictions and requirements as set forth in Chapter 10. Section 10 -77. Code of Ordinances. and requirements of the City Licenses and Business Regulations. 1 Temporary Structures in Connection with a Development Permit Temporary construction office, real estate office, watchman's office and model home on the property under development. 2 Temporary Structures to a Commercial or Industrial Use Stand, booth, or similar temporary structure which is an extension of the existing principal use in a commercial or industrial district, subject to the following Regulations; the applicant shall: Page 1 of 3 a Produce proof that it is the principal use applicant's inventory being sold b Not erect the structure for more than 15 days, 4 times a year. c Meet all required setbacks and off- street parking Regulations of the district in which the structure is located, and all required sign Regulations. 3 Temporary Produce Stand Temporary produce stands are not a permitted use within the City of Okeechobee pursuant to Chapter 10, Section 10 -77, Code of Ordinances h cc. ^.t c. ".•••• • 4 Other Temporary Structures Other temporary structures subject to the following Regulations: a Christmas tree, fireworks and similar seasonal sales operated by a non - profit organization. b Carnival, circus, fair or other special event operated by a non - profit organization on or abutting their principal use. c Commercial carnival, circus or fair in commercial or industrial districts. d Similar temporary structures where the period of use will not exceed 30 days a year. 5 Temporary Off- Premises Sales, Tent Sales, Outdoor Auctions Temporary off - premises sales, tent sales and outdoor auctions may be permitted for non - profit organizations in commercial and industrial districts, subject to the following Regulations; such applicant shall: a Have written permission of the property owner. b Not erect the structure for more than 15 days a year. c Meet all required setbacks and off - street parking Regulations of the district in which the structure is located, and all required sign Regulations. d Remove all debris within 48 hours of expiration of the permit. e Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $200,000 per occurrence. 6 Temporary Off- Premises Motor Vehicle Sales Temporary off - premises motor vehicle sales are not a permitted use within the Citv of Okeechobee pursuant to Chapter 10, Section 10 -77, Code of Ordinances. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. Page 2 of 3 EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. Introduced for first reading and set for final public hearing on this 7th day of March, 2000. • ATTEST: Bonnie S. Thomas, CMC, City Clerk es E. Kirk, Mayor Passed and adopted after second reading and final public hearing this 21st day of March , 2000. ATTEST: /r/ Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney • J,� 74b E. Kirk, Mayor Page 3 of 3 CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION I. CALL TO ORDER - Chairman. Land Planning Agency January 25, 2000, 7:25 p.m. II. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary Chairman Jerry Walker Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Agency Member Daniel Creech Alternate Agency Member Sandra Jones Agency Attorney John R. Cook Secretary Beatrice Castorina III. Minutes - Secretary A. Motion to dispense with the reading and approve the Summary of Agency Action for the December 21, 1999 meeting. • PAGE 1 OF 2 ....................... ....................... ....................... ....................... II' ....................... Chairman Walker called the January 25, 2000 Land Planning Agency Meeting to order at 7:25 p.m. Secretary Castorina called the roll: Present Absent Present Absent Absent Present Present Absent Present (Serving as a voting member) Present Present Member McCoy moved to dispense with the reading and approve the Summary of Agency Action for the December 21, 2000; seconded by Member Mueller. Walker Yes Keller- Yes Mueller- Yes McCoy - Yes Jones - Yes MOTION CARRIED. IV. NEW BUSINESS A. Consider a proposed amendment to City Land Development Regulations, Section 680 Temporary Structures. Attorney Cook - (Exhibit 1 ). B. Consider a proposed Ordinance defining telecommunications towers - Attorney Cook.(Exhibit 2) V. ADJOURNMENT - Chairman. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Land Planning Agency with respect to any matter considered at this meeting, he /she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. Jerry E. Walker, Chairman ATTEST: Beatrice Castorina, Secretary December 21 1999 -LAND PLANNING AGENCY -PAGE 2 OF 2 Attomey Cook gave an overview of the Agency's discussion at December 21, 1999 meeting. He stated that the proposed amendments would make the Land Development Regulation consistent with existing Ordinance No. 703. One specific area of discussion has been temporary produce stands, which were prohibited by the Ordinance, but is permitted by the Land Development Regulations. Attomey Cook continued, the produce stands the City has are considered permanent business locations that has an occupational license or like any other business. Citizen Kirk Walker addressed the Agency and asked them to consider temporary produce stands in the City and require a deposit or bond to make sure the area that is used is cleaned up once the produce stand is no longer in use. The Official recommendation of Agency to the Council is to leave the language in the land Development Regulation's as it is. Exhibit two consisted of a proposed telecommunications Ordinance provided to the agency from the City's Planning Consultant. There was discussion regarding towers being engineered for wind and the distance of lattice towers Planning Consultant Jock Robertson stated he received a letter from Attorney Alan L. Gabriel, Attorney for Nextel, which raised some questions so he would like to table the action until he met with City to get their interest on this matter. He stated he would like to modify the Ordinance and bring it back to the Agency for further consideration. Member Mueller moved to table; seconded by Member McCoy. Walker Yes Keller- Yes Mueller- Yes McCoy - Yes Jones - Yes MOTION CARRIED. There being no further items on the agenda, the meeting was adjourned at 7.45 p.m. CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION I. CALL TO ORDER - Chairman. Land Planning Agency December 21, 1999, 7:00 p.m. II. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary Chairman Jerry Walker Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Agency Member Daniel Creech Alternate Agency Member Sandra Jones Agency Attomey John R. Cook Secretary Beatrice Castorina III. Minutes A. Motion to dispense with the reading and approve the Summary of Agency Action for the November 23, 1999 meeting. PAGE 1 OF 3 .............................. ............................... [C3 < = 315 1 I ................................ ............................... Chairman Walker called the December 21, 1999 Land Planning Agency Meeting to order at 7:10 p.m. Secretary Castorina called the roll: Present Present Present Present Present Absent Present Present Present (Serving as a voting member) Present Present Member Mueller moved to dispense with the reading and approve the Summary of Agency Action for the November 23, 1999; seconded by Member Hoover. Walker Yes Hoover - Yes Keller- Yes Mueller- Yes Mavroides - Yes Ledferd - Yes Jones - Yes MOTION CARRIED. IV. NEW BUSINESS A. Consider a proposed amendment to City Land Development Regulations, Section 680 Temporary Structures. Attomey Cook - (Exhibit 1 ). B. Consider a proposed Ordinance defining telecommunications towers - Attorney Cook.(Exhibit 2) V. ADJOURNMENT - Chairman. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Land Planning Agency with respect to any matter considered at this meeting, he /she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. Jerry E. Walker, Chairman ATTEST: Beatrice Castorina, Secretary December 21 1999 -LAND PLANNING AGENCY -PAGE 2 OF 2 ................ ........... ............................... Attorney Cook gave an overview of the Agency's discussion at December 21, 1999 meeting. He stated that the proposed amendments would make the Land Development Regulation consistent with existing Ordinance No. 703. One specific area of discussion has been temporary produce stands, which were prohibited by the Ordinance, but is permitted by the Land Development Regulations. Attorney Cook continued, the produce stands the City has are considered permanent business locations that has an occupational license or like any other business. Citizen Kirk Walker addressed the Agency and asked them to consider temporary produce stands in the City and require a deposit or bond to make sure the area that is used is cleaned up once the produce stand is no longer in use. The Official recommendation of Agency to the Council is to leave the language in the land Development Regulation's as it is. Exhibit two consisted of a proposed telecommunications Ordinance provided to the agency from the City's Planning Consultant. There was discussion regarding towers being engineered for wind and the distance of lattice towers Planning Consultant Jock Robertson stated he received a letter from Attorney Alan L. Gabriel, Attorney for Nextel, which raised some questions so he would like to table the action until he met with City to get their interest on this matter. He stated he would like to modify the Ordinance and bring it back to the Agency for further consideration. Member Mueller moved to table; seconded by Member McCoy. Walker Yes Keller- Yes Mueller- Yes McCoy - Yes Jones - Yes MOTION CARRIED. There being no further items on the agenda, the meeting was adjourned at 7.45 p.m. CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION } / ji .hryr.: ?n:h }i: {?�4 }'J.ni:r ? + ?:• I. CALL TO ORDER - Chairman. Land Planning Agency November 23, 1999, 7:00 p.m. II. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary: Chairman Jerry Walker Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Agency Member Daniel Creech Alternate Agency Member Sandra Jones Agency Attomey John R. Cook Secretary Beatrice Castorina III. Minutes A. Motion to dispense with the reading and approve the Summary of Agency Action for the September 21, 1999 meeting. } } i t t :•:,$ }:'?:f: • �:::. v: t::{{• i%: ii�j::+' ii{::: r{,{} isryl} i?`•: 4, v,:1:•::}'?9:•:4'fn: {• }:p}.;:J: } �}'. PAGE 1 OF 2 t Q . i,�y . • }. ..i .. +,yy:�... .: .xv:: ?. y.... v .... }...� iti ?, v i: { { }i { {; {Sit..,r4;;i;: {:. { {ti r • +,r: ;% <'t2tY •r'.k�' }irq} J:r • ti i '.>�c+• :�!, ,:; {;• ......,..,} 9! 0,:,,•::•.::.;:. �, t. 5.., s5❖. �t:• :,. ?.:,L.•�,.i. }.{#:.;.:{3.;�`: ii, d}:.y, }., Chairman Walker called the November 23, 1999 Land Planning Agency Meeting to order at 8:00 p.m. Secretary Castorina called the roll: Present Present Absent Present Present Present Present Present Present (Serving as a voting member) Present Present Member Hoover moved to dispense with the reading and approve the Summary of Agency Action for the September 21, 1999; meeting: seconded by Member Keller. Walker Yes Hoover - Yes Keller- Yes Mueller- Yes Mavroides - Yes McCoy - Yes Jones - Yes MOTION CARRIED. November 231999 -LAND PLANNING AGENCY -PAGE 2 OF 2 i $$' $:i) T$i.: }:: }:4Y •.{ }}•.:} x:.}:::.}}}' .:n•.:1j +,iiii; } + +. +.'v,: {; {:.: �;.::::n,; .: + } } }::v,}' +:{:::• .. :..:i.: ....:., .n..., .,{, ......; x,: i�:} ti: :Sii} }....:.....r..n {:::.nn.,•: r.: rx.. +.n.. r.: :: r.:rr... r. �•' ?{•'.':•}}: x.;?>:: x.,.}:::}}T isiNi ?:.:•:.:x•.,::}•:::.::: {i: • ?r:: •i� >;x: { {;:{i {:�: �iii�ii::$ ii: ii::•: in:` v} :::•:i.:ti ?i {::t > ?Un: { ?':.'•ij:{ nx:ti•xr:i::: } }n• :tv',C: • IV. NEW BUSINESS G:. • ..f.:st. t ?iY +/. y } A. Consider a proposed amendment to City Land Development Regulations, Section 680 Temporary Structures. Attorney Cook - (Exhibit 1). V. ADJOURNMENT - Chairman. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made by the Land Planning Agency with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A tape recording of this meeting is on file in the City Clerk's Office. Jerry E. Walker, Chairman ATTEST: Beatrice Castorina, Secretary Attomey Cook explained to the Agency that there is a conflict with the wording in Section 680 Temporary Structures and Temporary Use Permits of the City Land Development Regulations and Chapter 10 of the Code of Ordinance. Therefore, the Agency needs to make recommendation to the City Council as set out in Exhibit One. Chairman Walker asked Attorney Cook whether the if current produce stands were considered temporary. Attorney Cook stated he would have to check with City Staff to see if they are. Member Mueller moved to table until the next meeting to give Attorney Cook time to research this; seconded by Member Keller. Walker - Yes Hoover - Yes Keller - Yes Jones - Yes Mavroides - Yes. McCoy - Yes. Mueller - Yes MOTION CARRIED. There being no further items on the agenda, the meeting was adjoumed at 8:07 p.m.