0962 LDR Text AmendmentORDINANCE NO. 962
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS,
PARTICULARLY ARTICLE III, DIVISION 8, SECTION 90 -253 SPECIAL
EXCEPTION USES, SECTION 90 -283 SPECIAL EXCEPTION USES,
SECTION 90 -313 SPECIAL EXCEPTION USES AND SECTION 90 -512
SPACE REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number 716 known as the Land Development Regulations, and included
requirements for special exceptions or use districts and off street parking space
requirements within the City; and
WHEREAS, upon review of same, the City of Okeechobee, through staff analysis and
being reviewed by the City's Planning Board, as the Local Planning Agency, at a
duly advertised meeting, October 19, 2006, has determined that certain special
exception uses should be specifically addressed within these regulations; and
WHEREAS, the City of Okeechobee has determined that revisions of certain special
exception uses are in the best interests of the City of Okeechobee and an
appropriate and necessary promulgation of its authority;
NOW, THEREFORE, it is ordained before the City Council for 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. Section 90 -253, 90 -283 and 90 -313 Special Exception Uses be
amended as follows:
Sec. 90 -253. Special exception uses.
The following uses and structures are permitted in the CUT district after
issuance of a special exception use petition and may have additional
conditions imposed at the time of approval:
(1) Restaurant, cafe.
(2) Dry cleaner, laundry.
(3) Private club, nightclub.
(4) Business school.
(5) Radio, television or cable reception transmission or operational
facilities.
(6) Commercial indoor recreation.
(7) Commercial parking garage or lot, taxistand.
(8) Outdoor vehicle sales lot.
(9) House of Worship
(10) Marina, dock, pier.
(11) Enclosed storage.
(12) Public facility or use.
(13) Public utility.
(14) Permitted uses in excess of 45 feet in height.
(15) One dwelling unit per commercial building,
Language to be added is underlined
Language to be deleted is to be struck-through Page 1 of 4
Section 90 -283. Special Exception Uses.
The following uses and structures are permitted in the CHV district after
issuance of a special exception use petition and may have additional
conditions imposed at the time of approval:
(1) Drive through service.
(2) Auto service station, car wash.
(3) Wholesale, warehouse not including bulk storage of flammable
liquids.
(4) Enclosed warehouse and storage.
(5) Outdoor sales and storage, building trades contractor.
(6) Flea market.
(7) Mechanical and repair services.
(8) Commercial outdoor recreation.
(9) Veterinary service.
(10) Crematory.
(11) Marina, dock, pier.
(12) Recreational vehicle park, for transient recreation use.
(13) Radio, television or cable reception, transmission or operational
facilities.
(14) Public facility or use.
(15) Public utility.
(16) Permitted uses in excess of 45 feet in height.
(17) One dwelling unit per commercial building,
(18) Outdoor vehicle sales lot.
(19) House of Worship.
Section 90 -313. Special Exception Uses.
The following uses and structures are permitted in the CBD district after
issuance or a special exception use petition and may have additional
conditions imposed at the time of approval:
(1) Drive through service.
(2) Auto service station, car wash.
(3) Radio, television or cable reception, transmission or operational
facilities.
(4) Mechanical and repair services.
(5) House of worship.
(6) Marina, dock, pier.
(7) Public facility or use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) One dwelling unit per commercial building,
(11) Outdoor vehicle sales lot.
SECTION 2. Sections 90 -512 Space regulations be amended as follows:
Sec. 90 -512. Space regulations.
Off street parking spaces are required as follows:
(1) Residential Uses:
Single or two- family dwelling 2 per dwelling
Multiple family 1 bedroom 1.75 per dwelling
Multiple family 2 bedrooms 2 per dwelling
Multiple family 3 -4 bedrooms 2.25 per dwelling
Mobile home park 2.25 per dwelling per unit or
Bedroom
Adult/assisted living facilities 1 per unit or bedroom
Language to be added is underlined
Language to be deleted is to be strucit through Page 2 of 4
(2) Commercial Uses:
Shopping center, Retail store or
(3)
Furniture or appliance store
Professional office, business
Medical office
Nursery, lumberyard
Restaurant, nightclub
Barbershop, beauty shop
Hotel, motel
Auto service, repair or wash
Automobile sales
Entertainment and Recreational Uses:
Private club 1 per 300 square feet of floor area
Health club 1 per 150 square feet of floor area,
include pool
Tennis, racquet or handball 2 per court, plus accessory uses
Theater 1 per 3 seats, plus 5 spaces
Indoor recreation 1 per 200 square feet of floor area,
plus accessory uses
Golf driving range 1 per tee, plus accessory uses
Golf course 6 per hole, plus accessory uses
Marina 2 per 3 boat slips, plus storage for
trailers and boats
(4) Institutional Uses:
Government office, Courthouse
Place or public assembly or
Hospital
Nursing home
Junior high school
Senior high school
College
Day care, preschool, nursery
1 per 300 square feet of floor area
service
1 per 500 square feet of floor area
1 per 300 square feet of floor area
service
1 per 180 square feet of floor area
1 per 250 square feet of floor area
1 per 75 square feet of floor area
2 per service chair
1 per bedroom, plus 5 spaces,
plus accessory uses
1 per 150 square feet of floor area
1 per 400 square feet of floor area
1 per 400 square feet of floor area
or other public facilities
1 per 3 persons in main auditorium
worship
1 per bed
1 per 4 beds, plus 1 for each
employee at maximum shift
3 per classroom
1 per 6 students, plus 1 space per
staff member
1 per 3 students, plus 1 space per
staff member
1 per 5 students, plus 1 space per
staff member
In lieu of student parking, daycare, preschool and nurseries may provide off
street drop -off and pick -up area.
Required parking for commercial uses, government office, courthouse or
other public facilities shall be calculated using net usable floor space. Such
net space shall be calculated by excluding from square footage computation
such space as mechanical, service, atrium, lobby and storage spaces. The
areas used or covered by furnishings, office equipment, partitions, or other
items used within usable floor area shall not be excluded from such
computation. Usable floor area shall be considered net space, and would
include those areas such as offices, waiting and assembly areas,
courtrooms, conference rooms, jury rooms, restrooms, holding cells, and
generally all space wherein people may meet or assemble to conduct the
regular business of the facility.
Language to be added is underlined
Language to be deleted is to be dough Page 3 of 4
(5) Industrial Uses:
Industrial, Warehouse
(6) Use Not Specifically Listed:
SECTION 3. Conflict
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. 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 5. Effective Date
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and public hearing on the 7`h day of November, 2006.
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED and ADOPTED on second and final public hearing this 55"' day of December,
2006.
ATTEST:
Lane Gamiotea, MC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
C
Jo n R. Cook, City Attorney
1 per 1,000 square feet of floor
area up to 20,000 square feet plus
1 per 2,000 square feet of floor
area to 40,000 square feet, plus 1
per 4,000 square felt of floor area
over 40,000 square feet
Parking spaces shall be the same
as required for the most similar
listed use.
James Kirk, Mayor
James E. Kirk, Mayor
Language to be added is underlined Page 4 of 4
Language to be deleted is to be struck- through
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763 -3134
Published Daily
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 DAILY Newspaper published at
Okeechobee, in Okeechobee County, Florida; that the attached
copy of,. ertisement, being a
in t matter of
1
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
PUBLIC NOTICE
CONSIDERATION AT ORDINANCE
ADOPTING
PLEASE uesday, Dec 5, 2006 at 6:00 as of
soon Thereafter possible, at
City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and
thereafter to consider final reading ate folbwirr1�Ordnance into law: N0.962:
AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING ORDI-
NANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY AR 1- AND
CLE III, SECTION 90 -5 2NSPACECREGULATIONS; PROVIDING FOR AN EFFECTIVE
DAVE.
All members of the public The proposed Ordinance may be inspected int its d entiret c m a embers of the pub-
lic in the Office of the City Clerk during regular business hours, Mon -Fri,
8am- 4:30pm,except forhokdays. appeal any
PLEASE TAKE NOTICE AND BE ADVISED that it any person desires to appe
decision made by the City Council with respect to any matter considered at this
hearing, such interested person will need a record of the proceedings, and for
such wlich record includes the testimony and evidence record pon which proceedings the ppeal is to
based. City Clerk tapes are for the sole purpose of backup for official records of
Me Clerk.
In accordance with the Americans with Disability Act (ADA) and Florida Statutes
28626, persons with disabilities needing special accommodation to participate in
this proceeding should contact Lane Gamiotea no later than two (2) working days
prior to the proceeding at 863 763-3372 x215; if hearing Of voice impaired, call
TDD 1- 800 -222 -3448 voice)or1 -888- 447 -5620 (TTY).
Lane Gamiotea, CMG, CITY CLERK
176753 ON 11/22/06
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 continuously 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, farm or corporation any
discount, rebate, commission or refund for the purpose of
securing this advertisement for/publication in the said newspaper.
4--
Sworn Co and subscribed before me this
day of V 6 1.% A.D. 20
Karmen R. Brown
Commission liDD27211
N.. Expires: Jan 17, 2008
Foe Bonded Thru
Atlantic Bonding Co., Inc
III. At fit
Notary 'ublic, State of Florida at Large
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763 -3134
Published Daily
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 DAILY Newspaper published at
Okeechobee, in Okeechobee County, Florida; that the attached
copy of advertisement, being a
T ^E.k.,Yd -r, x
in the matter of
4?
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
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 continuously 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.
Swore "to and subscrjb0 before me this
day of .�L�[ -v� k
/11
Notary ublic, State of Florida'at L. ge
e �L
A./A L 10
A.D.20
PINILIC HEARING NOME
PLANNING IOARgIIQARD OF ADIUSTMBIT AIID APPEALS
NOTICE: The Pannig Board/Board of Adjustment and Appeals of the City of Okee-
h
soone rel an meet e TMrr� 4SO6 Hall, 55 Southeast
e
soon tlerealle as possible. The aril CCKKyy
a as
3rd Avenue, h the Council Chambers, ooze 200, Okeechobee, Florida. The
items of consideration at 0ts meeting are:
Conduct a Pidtic Hearing to consider a SPECIAL EXCEPTION to allow an outdoor
vehicle sales lot within a Heavy Commercial District (ref. LDR's Sec. 90- 283(18))
psruobpmittted by property owners Lynda and C. RolaLned [TorreraanncteeIILrn The su
Is located at 26 of Bock 163.. City ofOkeechobee Subdivision, Plat Book 5, Page Lots Public
Records, Okeechobee, Caadg Rodda. Petition No. 06-010 -SE.
Conduct a Public Fearing to Consider Comprehensive Plan Small Scale Future
Lard Use Map Amendment Application No 06-015 -SSA. Kay and Wes Herein
S r and N i s Flarvh Jr. a r e One owners. The ap on is to ch nge the
Future Land Use from Single Fwe y (SF) to (C) for prop-
erty located at 306�JIwe t 4th Street. Legal descr�ptiort Lots 9 and 10 of
Block 106, qty of Okeechobee Subdivision, Plat Book 5. 5, Public Records,
Okeechobee, County, Fonda and Is apprmdmatey 0.3 acre(s). The proposed use
of the property is for a Professional Office.
Consider any proposed one dmerds, submitted by City Staff or citizens, to the
Comprehensive Plan, which include the Land Development Regulations (LDR's)
and render a recommendation to the City Council for consideration and final
adoption.
A y of One entire s) and agenda are available h the General Services
Rm 101 d �o Clamed a1 863) 763 -3372 x 218.
Please be advised gat the of and Appeals wit serve as the de-
cisbn mating body C Exceptions or Variance Application(s). The Planning Board will make
re onanendaiions to the City Council for consderaian and foal adoption of Com-
prehensive Plan Amenndmerds, Rezoning Applications and Land Development
RmuNons (Wit's) Amendments.
'LEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal any
decision any considered ffi Bo d of Adjustments and Appeals with re-
matter r t c of this the or hehearing weld reed to ensure a
verbatim oct 10 an
proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. Tapes are used tor the sole
purpose of back -up for the Clerk's Office.
n accordance with the Americans with Disabilities Act (ADA) and Florida Statute
28626, persons with disabilities needing special accommodation to participate in
this proceeding should contact Betty Clement, no later than two (2) working days
prior to the peoceedrq 1 863. 7633372 x 218; A you are heanng or voice im-
paked, cal TDD 1- 800 2223448 (voice) or 1- 888.447 -5620 (TTY).
8Y: Brian Whilelati, Zoig Adninishatcr
1 59976 ON 915,15106
0C
(L.
7).`—‘271-
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 DAILY Newspaper published at
Okeechobee, in Okeechobee County, Florida; that the attached
copy of advertisement, being a
'3
in the matter of
rJ
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
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 continuously 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 )/publication in the said newspaper.
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763 -3134
Published Daily
C t-
Notary Public, State of Florida at Large
day of
6,-c.,7 /F
subs9ribed before me this 3 r
A.D. 20 C
LL
PUBLIC HEARING NOTICE
PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS
NOTICE: The Planning Board/Board of Adjustment and Appeals of the City of Okee-
chobee, Florida will meet on Thursday, October 19, 2006 at 6:00 p.m. or as
soon thereafter as possible. The meeting will be held at City Hall, 55 Southeast
3rd Avenue, in the Council. Chambers, Room 200, Okeechobee, Florida. The
items of consideration at this meeting are:
Conduct a Public Hearing, to Consider Comprehensive Plan Small Scale Future
Land Use Map Amendment Application No. 06 -012 -SSA. Frank Attobello is the
applicant and property owner. The application is to change the -Future Land Use
designation from Single Family (SF) to Multi-Family (MF) for property located be-
tween -Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of
land, shown as the Railroad Grounds, tying within the Plat of the City of Okeecta-
bee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County,
Florida;Section'21 Township 37 South Range 35 East, Okeechobee County, Ron
da,.being mom, particularly described as follows: Commence at the Southwest
corner of that parcel of land described in OR Book 452 Page 1439, Public
Records of Okeechobee County, Florida and bear South 89 degrees 53 feet 11
inches West along the North right -of -way line of Southwest 6th Street to the in-
tersection with the East line of Block 202, City of Okeechobee, a distance of
1010.82 feet thence bear North 00 degrees 04 feet 58 inches West along the
East line of Block 202, a distance of 547.44 feet, to the Point of Beginrdng; thence
continue North 00 degrees 04 feet 58 inches, a distance of 547.44 feet to the
Northeast comer of Lot 3, Block 202, City of Okeechobee; thence bear North 89
degrees 54 feet 50 inches East to the Southeast Comer of that parcel of land de-
scribed in OR Book 293 Page 257, Public Records of Okeechobee County, Flori-
da, a distance of 704.88 feet thence bear North 00 degrees 04 feet 58 inches
West, a distance of 398.57 feet to the intersection with a curve in the Southerly
right -of -Way of Southwest 2nd Avenue; said curve concaving to the Northwest,
having a radius of 402.71 feet, a delta angle •of 11 degrees 11 feet 52 inches and
a long chord bearing North 62 degrees 53 feet 33 inches East, a distance of
78.58 feet thence along arc of said curve a distance of 78.71 feet thence bear
South 00 degrees 04 feet 58 Inches East, a distance of 534.67 feet thence bear
South 89 degrees 54 feet 50 inches West, a distance of 49.69 feet thence bear
South 00 degrees 06 feet 02 inches East, a distance of 447.26 feet; thence bear
South 89 degrees 53 feet 58 inches West, a distance of 725.33 feet to the point
of beginning, and is approximately 9.89 acre(s). The proposed use of the proper-
ty is for Multi-Family dwellings.
Conduct a Public Healing to Consider Rezoning Application No. 06- 010 -R. Frank
Altobello is the applicant and property owner. The application is to change the
zoning designation from Holding (H) to Residential Multiple Family (RMF) for
property located between Southwest 2nd and 6th Streets. Legal description: An
unplatted parcel of land, shown as the Railroad Grounds, tying within the Plat of
the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of
Okeechobee County, Florida, Section 21, Township 37, South Range 35 East,
Okeechobee County, Florida, being more particularly described as follows: Com-
mence at the Southwest corner of that parcel of land described in OR Book 452
Page 1439, Public Records of Okee County, Ronda and bear South 89 de-
Street, to feet
the intersection Wwith East line of Block 202, City of Okeechobee, ,a a
distance of. 1010.82 feet; thence bear North 00 degrees 04 fear 58 inches West,
along the East line of Block 202, a distance of 547.44 feet to the point of begin-
ning; thence continue North 00 degrees 04 feet 58 inches, a distance of 547.44
feet to the Northeast corner of Lot 3, Block 202, City of Okeechobee; thence bear
North 89 degrees 54 feet 50 inches East, to the Southeast Corner of that parcel of
land described in OR Book 293 Page 257, Public Records of Okeechobee County,
Florida, a distance of 704.88 feet: thence bear North 00 degrees 04 feet 58 inch-
es West, a distance of 398.57 feet to the intersection with a curve in the Southerly
right -of -Way of Southwest 2nd Avenue; said curve concaving to the Northwest,
having a radius of 402.71 feet, a delta angle of 11 degrees 11 feet 52 inches and
a long chord bearing North 62 degrees 53 feet 33 inches East, a distance of
78.58 feet; thence along arc of said curve a distance of 78 -71 feet: thence bear
South 00 degrees 04 feet 58 inches East, a distance of 534.67 feet thence bear
South 89 degrees 54 feet 50 inches West a distance of 49.69 feet: thence bear
South 00 degrees 06 feet 02 inches East, a distance of 447.26 feet thence bear
South 89 degrees 53 feet 58 inches West, a distance of 725.33 feet to the point
of beginning, and is approximately 9.89 acre(s).
Conduct a Public Hearing to consider a SPECIAL EXCEPTION to allow an enclosed
warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref.
LOR's Sec. 90- 283(4)) submitted- by property owner John Jones, dba C 8 J In-
vestment Emerpuses, Inc. The subject property hs located at 1301 North Parrott
Avenue and 1307 North Parrott Avenue. Legal description: Lots 4, 5, 6 and 26 of
Block 3, City of Okeechobee Subdivision, Plat Book 5, Page 5, Okeechobee,
County, Florida is approximately 0.672 acre(s). Petition No. 06-011-SE.
Consider any proposed amendments, submitted by City Staff or citizens, to the
Comprehensive Plan, which include the Land Development Regulations (LDR =s)
and render a recommendation to the City Council for consideration and final
adoption.
A copy of the entire applications) and agenda are available in the General Services
Office, Rm 101 at City Hall or by calling Betty Clement at 863) 763 -3372 x 218.
Please be advised that the Board of Adjustment and Appeals will serve as the de-
cision making body (quasi- judicial), on behalf of the CITY, to approve at deny Spe-
cial Exceptions or Variance Application(s). The Planning Board will make
recommendations to the City Council for consideration and final adoption of Com-
prehensive Plan Amendments, Rezoning Applications and Land Development
Regulations (LDR =s) Amendments.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any
decision made by the Planning Board/Board of Adjustments and Appeals with re-
spect to any matter considered at this meeting, or hearing will need to ensure a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. Tapes are used for the sole
purpose of back -up for the Clerk =s Office.
In accordance with the Americans with Disabilities Act (ADA) and, Florida Stabile
286.26. persons with disabilities needing special accommodation to participate in
this proceeding should contact Betty Clement, no later than two (2) working days
prior to the proceeding at 863- 763 -3372 x 218; it you are heanng or voice im-
paired, call TDD 1 -800- 222 -3448 (voice) or 1 -888- 447.5620 (TTY).
BY. Brian Whitehall, Zoning Administrator
166483 ON 10/4,13/06