1119 LDR Amend #15-001-TAORDINANCE NO. 1119
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR
AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-
LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66 -1 OF
CHAPTER 66- GENERAL PROVISIONS BY MODIFYING EXISTING DEFINITIONS
OR ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT
GAMING CENTER, ALCOHOL AND DRUG REHABILITATION CENTER /DETOX
CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE,
CONVENIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTER /SOBER HOME, SERVICES (MECHANICAL
AND REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE,
TAXIDERMIST, TEMPORARY PORTABLE STORAGE CONTAINER, AND
TEMPORARY USE; PROVIDING FOR AMENDMENTS TO CHAPTER 90- ZONING,
ARTICLE III - DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7 AND 8;
AMENDING SECTION 90 -252 BY ADDING PET GROOMING TO THE LIST OF
PERMITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90 -253 BY ADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90 -282 BY ADDING TAXIDERMIST AND PET GROOMING
TO THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL ZONING
DISTRICT; PROVIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV-
SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9- SPECIAL
EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW
SECTION 90 -704 ENTITLED PET GROOMING, SETTING FORTH
REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number
716, as amended, known as the Land Development Regulations; and
WHEREAS the City of Okeechobee, Florida, has a legitimate interest in periodic review of its
ordinances and land development regulations in order to address certain inconsistencies
or outdated regulations contained in the codes; to make amendments to meet changing
community standards, or to accommodate new development; and to create new ordinance
or regulation to better serve the public and to make the code a more consistent and easier
to understand document; and
WHEREAS, Staff and the Planning Board, acting as the Local Planning Agency, reviewed and
discussed the proposed amendments, at a duly advertised Public Hearing held on January
15, 2015, and based on findings of fact by the Planning Staff, hereby recommends certain
changes, amendments or modifications to the Code of Ordinances and Land Development
Regulations, to present to the City Council for ordinance adoption and codification; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the
recommendations by the Planning Board and concludes that enacting such amendments
to be in the best interest of its citizens of said City, that said amendments are necessary
and appropriate to make the Land Development Regulations 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:
Language to be added is underlined
Language to be deleted is trough Ordinance No. 1119 - Page 1 of 5
SECTION 1: Amendment and Adoption to Section 66 -1.
That the City Council for the City of Okeechobee, Florida, amends herein Part I I of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 66-
General Provisions, Section 66 -1 to include and amend the following definitions:
Adult gaming center means an establishment that provides consoles, seating or
stations for an individual to participate in video gaming, internet gaming, or other
forms of games of chance where the individual is charged for the use of the video
console or computer game or station and prizes are awarded in any form. This
definition specifically excludes games of skill and entertainment as are typically
found in video and entertainment arcades catering primarily to minors.
Alcohol and drug rehabilitation center /detox center means a facility providing an
active rehabilitation treatment program run throughout the day, where the residents
receive intensive individual and group counseling for their substance abuse.
Residents typically stay for one to six months.
Auction house (indoor) means an establishment where objects of art, furniture, and
other goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open -air auctions where
vehicles, farm and construction equipment and the like are auctioned.
Convenience store means a retail establishment offering for sale prepackaged food
products, beverages, household items, newspapers and magazines, sandwiches
and other freshly prepared foods for consumption off the premises.
Convenience store with fuel pumps means a convenience store providing motor
vehicle fuels, and which may also stock within the principal structure and offer for
sale prepackaged motor oil and other small prepackaged automotive - related
accessories.
Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential
homes in excess of six persons under F.S. ch. 419; and such similar facilities as
authorized by law, and for which licensing is first required by law, and for which
licensing is first required by the state department of children and families and /or the
agency for health care administration, or other state or federal agency. This
definition specifically excludes alcohol and drug rehabilitation /detox centers and
recovery centers /sober homes.
Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room,
generally with no provisions made for cooking in individual rooms, and which may
have a restaurant and indoor recreation as accessory uses. Recovery centers /sober
homes are not motels.
Pet grooming means an establishment providing for the hygienic care and cleaning
of a domestic pet, usually dogs, cats, and sometimes birds, and includes the
preparation or enhancement of a pet's physical appearance for "showing" or other
types of competition.
Recovery center /sober home means a facility, used by addicts recovering from
substance abuse, which serves as an interim environment between rehabilitation
and a return to their former lives. These facilities provide a safe and supportive
place in which people can live while they are in recovery and are primarily meant to
provide housing for people who have just come out of rehabilitation (or recovery
centers) and need a place to live that is structured and supporting for those in
recovery. A recovery center /sober home is not a group home because it is not `emo,
licensed by a state or federal agency.
Language to be added is underlined
Language to be deleted is struek-through Ordinance No. 1119 - Page 2 of 5
Services, mechanical and repair means establishments including machinery
servicing and repair, or service garage, motor vehicle paint and /or body shop, motor
vehicle or trailer rental, veterirrarian, : ' :. :. :.:: ::, and
similar service uses.
Storefront church, means a very small house of worship located in a one and only
one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units.
Structure, temporary means a structure that is erected without any foundation or
footings and is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life -like three -
dimensional representation of an animal for permanent display is undertaken. In
some cases, the actual skin (including the fur, feathers or scales) of the specimen
is preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man -made materials."
Temporary portable storage containermeans a self- contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site, it is used as temporary, short-term storage
shelter. It may also be loaded with material and then transported by separate
vehicle to an off -site storage location for longer periods of time."
Use, temporary means an outdoor use or activity which is permitted only for a
limited time such as promotional events, tent sales, charity events, craft or art fairs,
car shows, or other similar uses. Temporary uses are subject to specific regulations
and permitting procedures."
SECTION 2: Amendment and Adoption to Section 90 -252.
That the City Council for the City of Okeechobee, Florida, amends herein Part I I of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90-
Zoning, Article III - District and District Regulations, Division 7 -Light Commercial
District, Section 90 -252 Permitted Uses to expand the list of uses to include Pet
Grooming as follows:
The following principal uses and structures are permitted in the CLT district:
(1) Professional office, business office, medical office.
(2) Retail store, retail store.
(3) Personal service.
(4) Craft Studio
(5) Storefront church located in a unit in a multi -use building or shopping center.
al Pet grooming
SECTION 3: Amendment and Adoption to Section 90 -253.
That the City Council for the City of Okeechobee, Florida, amends herein Part I I of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90-
Zoning, Article III - District and District Regulations, Division 7 -Light Commercial
District, Section 90 -253 Special Exception Uses to expand the list of uses to include
Taxidermist as follows:
The following uses and structures are permitted in the CLT district after issuance
fo a special exception use petition and may have additional conditions imposed at
the time of approval:
(1) Restaurant, take -out restaurant, cafe.
(2) Dry cleaner /laundry, Laundromat.
(3) Private club, night club.
(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.
Language to be added is underlined
Language to be deleted is struck through Ordinance No. 1119 - Page 3 of 5
(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.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S.
426.02(5).
(18) Nursing home.
(19) Taxidermist.
SECTION 4: Amendment and Adoption to Section 90 -282.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90-
Zoning, Article III - District and District Regulations, Division 8 -Heavy Commercial
District, Section 90 -282 Permitted Uses, by expanding the list of uses to include
Taxidermist and Pet Grooming as follows:
The following principal uses and structures are permitted in the CHV district:
(1) Professional office, business office, medical office.
(2) Retail service, retail store including out -door display of merchandise.
(3) Restaurant, take -out restaurant, cafe.
(4) Personal service.
(5) Dry cleaner /laundry, Laundromat.
(6) Funeral home.
(7) Hotel, motel.
(8) Private club, night club.
(9) Craft Studio
(10) Business school.
(11) Commercial indoor recreation.
(12) Commercial parking garage or lot, taxistand, bus terminal.
(13) Storefront church located in a unit in a multi -use building or shopping center.
all Taxidermist.
1151 Pet grooming.
SECTION 5. Amendment and Adoption to Section 90 -704.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90-
Zoning, Article IV- Supplementary District Regulations, Division 9- Special Exception
and Supplemental Use Regulations, by adding a new section to read as follows:
Section. 90 -704. Pet grooming requirements.
Pet grooming requirements shall be as follows:
al Lot and structure requirements shall be as by the district in which the
use is located.
al Additional requirements shall be as by the district in which the use is
located.
Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building.
SECTION 6: Conflicts.
That all laws or ordinances in conflict with any provision of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 7: Severability.
That should any section, paragraph, sentence, clause, phrase, word, definition, or
any other item contained in this is for any reason held by the Court to be
unconstitutional, inoperative, void or otherwise invalid, the balance shall remain in
effect and such holding shall not affect the remainder of this ordinance.
Language to be added is underlined
Language to be deleted is struck through Ordinance No. 1119 - Page 4 of 5
SECTION 8: Effective Date.
That this ordinance shall become effective immediately upon its passage.
INTRODUCED at a Public Hearing for First Reading, and set for Final Public Hearing on this 3rd
day of February, 2015.
ATTEST:
Lane Gamiotea,
James E. Kirk, Mayor
PASSED AND ADOPTED after Second Reading a - i :I Public Hearing this 17th day of
February, 2015.
AT
Lane Gamiotea, CMC, City Clerk
REyAWED FOR LEGAL SUFFICIENCY:
0 A�
John R. Cook, City Attorney
F
James E. Kirk, Mayor
Language to be added is underlined
Language to be deleted is strut-It-through Ordinance No. 1119 - Page 5 of 5
V. MINUTES CONTINUED
A. Motion to dispense with the reading and approve the Summary of
Council Action for the for the February 3, 2015, Regular Meeting
continued.
VI. WARRANT REGISTER - City Administrator
A. Motion to approve the January 2015 Warrant Registers:
General Fund .................................$17,517.56
Capital Improvement Projects Fund ................ $ 3,775.10
Appropriations Grant Fund ....................... $ 1,125.00
Law Enforcement Special Fund ................... $ 50.00
VII. CENTENNIAL UPDATE
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor
A.1. a) Motion to read by title only, proposed Ordinance No. 1119, concerning
Land Development Regulations TextAmendment No. 15-001 -TA- City
Planning Consultant (Exhibit 2). (Planning Board recommends
approval).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1119 by title only
FEBRUARY 17, 2015 - REGULAR MEETING - PAGE 2 OF 6
COUNCIL ACTION - DISCUSSION. -V
VOTE
KIRK -YEA CHANDLER - YEA O'CONNOR-YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
Motion and second by Council Members Watford and Chandler to approve the January 2015 Warrant Registers in the
amounts: General Fund, seventeen thousand, five hundred seventeen dollars and fifty-six cents ($17,517.56); Capital
Improvement Projects Fund, three thousand, seven hundred seventy-five dollars and ten cents ($3,775.10);
Appropriations Grant Fund, one thousand, one hundred twenty-five dollars ($1,125.00); and Law Enforcement Special
Fund, fifty dollars ($50.00). There was no discussion.
VOTE
KIRK - YEA CHANDLER - YEA O'CONNOR-YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
Due to Mr. Mixon not being in attendance, Mayor Kirk moved forward with the agenda, noting he would come back
to the item after the public hearing.
MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M.
Motion and second by Council Members O'Connor and Chandler to read by title only, proposed Ordinance No. 1119,
concerning Land Development Regulations Text Amendment No. 15 -001 -TA.
VOTE
KIRK -YEA CHANDLER - YEA O'CONNOR-YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1119, by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES,
SUBPART B -LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66-1 OF CHAPTER 66 -GENERAL
PROVISIONS BY MODIFYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS FOR THE (continued)
FEBRUARY 1 /, LU15 - KEGULAR MEETING - PAGE S OF b
AGENDA, COUNCILACTION DISCUSSION_-
VOTE
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED
A. 1. c) City Attorney to read proposed Ordinance No. 1119 by title only
continued.
2. a) Motion to adopt proposed Ordinance No. 1119.
b) Public discussion and comments.
c) Vote on motion.
FOR THE FOLLOWING TERMS: ADULT GAMING CENTER, ALCOHOL AND DRUG REHABILITATION
CENTER/DETOX CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE WITH
FUEL PUMPS, GROUP HOME, MOTEL, PET GROOMING, RECOVERY CENTERISOBER HOME, SERVICES
(MECHANICAL AND REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST,
TEMPORARY PORTABLE STORAGE CONTAINER, AND TEMPORARY USE; PROVIDING FOR AMENDMENTS
TO CHAPTER 90 -ZONING, ARTICLE 111 -DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7 AND 8;
AMENDING SECTION 90-252 BYADDING PET GROOMING TO THE LIST OF PERMITTED USES IN THE LIGHT
COMMERCIAL ZONING DISTRICT; AMENDING SECTION 90-253 BYADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL ZONING DISTRICT; AMENDING SECTION 90-282
BY ADDING TAXIDERMIST AND PET GROOMING TO THE LIST OF PERMITTED USES IN THE HEAVY
COMMERCIAL ZONING DISTRICT; PROVIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV-
SUPPLEMENTARYDISTRICT REGULATIONS, DIVISION 9 -SPECIAL EXCEPTION AND SUPPLEMENTAL USE
REGULATIONS BY ADDING A NEW SECTION 90-704 ENTITLED PET GROOMING, SETTING FORTH
REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1119.
Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member
O'Connor asked for clarification of Section Three, relating to uses of a Private club or night club, and whether adult
entertainment would be considered under this definition. Attorney Cook answered, an adult entertainment club is
restricted to only be permitted within the Industrial Zoning District and requires a Special Exception. The ordinance
was discussed with Planner Brisson in detail at the first reading, February 3, 2015.
KIRK - YEA
RITTER - YEA
CHANDLER - YEA O'CONNOR - YEA
WATFORD -YEA MOTION CARRIED.
CLOSE PUBLIC HEARING - Mayor III MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:10 P.M.
361
e
Exhibit 2
ORDINANCE NO. 1119 Feb 17, 2015
lz'REVISED VERSIOfUIS9
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR
AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-
LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66-1 OF
CHAPTER 66 -GENERAL PROVISIONS BY MODIFYING EXISTING DEFINITIONS
OR ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT
GAMING CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX
CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE,
CONVENIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (MECHANICAL
AND REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE,
TAXIDERMIST, TEMPORARY PORTABLE STORAGE CONTAINER, AND
TEMPORARY USE; PROVIDING FORAMENDMENTS TO CHAPTER 90 -ZONING,
ARTICLE Ill -DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7 AND 8;
AMENDING SECTION 90-252 OF BYADDING PETGROOMING TO THE LIST OF
PERMITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-282 BYADDING TAXIDERMISTAND PETGROOMING
TO THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL ZONING
DISTRICT; PROVIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV -
SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9 -SPECIAL
EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW
SECTION 90-704 ENTITLED PET GROOMING, SETTING FORTH
REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number
716, as amended, known as the Land Development Regulations; and
WHEREAS the City of Okeechobee, Florida, has a legitimate interest in periodic review of its
ordinances and land development regulations in order to address certain inconsistencies
or outdated regulations contained in the codes; to make amendments to meet changing
community standards, orto accommodate new development; and to create new ordinance
or regulation to better serve the public and to make the code a more consistent and easier
to understand document; and
WHEREAS, Staff and the Planning Board, acting as the Local Planning Agency, reviewed and
discussed the proposed amendments, at a duly advertised Public Hearing held on January
15, 2015, and based on findings of fact by the Planning Staff, hereby recommends certain
changes, amendments or modifications to the Code of Ordinances and Land Development
Regulations, to present to the City Council for ordinance adoption and codification; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the
recommendations by the Planning Board and concludes that enacting such amendments
to be in the best interest of its citizens of said City, that said amendments are necessary
and appropriate to make the Land Development Regulations 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:
Language to be added is underlined
Language to be deleted is stmek-tfrrerrgh Ordinance No. 1119 - Page 1 of 5
SECTION 1: Amendment and Adoption to Section 66-1.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 66 -
General Provisions, Section 66-1 to include and amend the following definitions:
Adult gaming center means an establishment that provides consoles seating or
stations for an individual to participate in video gaming internet gaming or other
forms of games of chance where the individual is charged for the use of the video
console or computer game or station and prizes are awarded in any form This
definition specifically excludes games of skill and entertainment as are tvpicallx
found In video and entertainment arcades catering primarily to minors
Alcohol and drug rehabilitation center/detox center means a facility providing_an
active rehabilitation treatment program run throughout the day, where the residents
receive intensive individual and group counseling for their substance abuse
Residents typically stay for one to six months
Auction house (indoor) means an establishment where objects of art furniture and
other goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles, farm and construction equipment and the like are auctioned
Convenience store means a retail establishment offering for sale prepackaged food
products, beverages household items newsoapers and magazines sandwiches
and other freshly prepared foods for consumption off the premises
Convenience store with fuel Pumps means a convenience store providing motor
vehicle fules and which may also stock within the principal structure and offer for
sale prepackaged motor oil and other small prepackaged automotive related
accessories.
Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential
homes in excess of six persons under F.S. ch. 419; and such similar facilities as
authorized by law, and for which licensing is first required by law, and for which
licensing is first required by the state department of children and families and/or the
agency for health care administration, or other state or federal agency. This
definition specifically excludes alcohol and drug rehabilitation/detox centers and
recovery centers/sober homes
Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room,
generally with no provisions made for cooking in individual rooms, and which may
have a restaurant and indoor recreation as accessory uses. Recovery centers/sober
homes are not motels.
Pet grooming means an establishment providing for the hygienic care and cleaning
of a domestic pet usually doos cats and sometimes birds and includes the
preparation or enhancement of a pet's physical appearance for "showing" or other
types of competition.
Recovery center/sober home means a facility used by addicts recovering from
substance abuse which serves as an interim environment between rehabilitation
and a return to their former lives. These facilities provide a safe and supportive
place In which people can live while they are in recovery and are primarily meant to
provide housing for people who have iust come out of rehabilitation (or recovery
centers) and need a place to live that is structured and supporting for those in
recovery. A recovery center/sober home is not a group home because it is not
licensed by a state or federal agency.
Language to be added is underlined
Language to be deleted is streck-abxo g}t Ordinance No. 1119 - Page 2 of 5
44
Services, mechanical and repair means establishments including machinery
servicing and repair, or service garage, motor vehicle paint and/or body shop, motor
vehicle or trailer rental, vetedftatian. , and
similar service uses.
Storefront church, means a very small house of worship located in a one and only
one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units.
Structure, temoorary means a structure that is erected without any foundation or
footings and is removed when the designated time period activity, or use for which
the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent display is undertaken In
some cases, the actual skin (including the fur, feathers or scales) of the specimen
is preserved and mounted over an artificial body. In other cases the specimen is
reproduced com letel with man-made materials."
Temporaryportable storage containermeans a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site it is used as temporary, short-term storage
shelter. It may also be loaded with material and then transported by separate
vehicle to an off-site storage location for longer periods of time."
Use, temporary means an outdoor use or activity which is permitted only for a
limited time such as promotional events, tent sales. charity events craft or art fairs
car shows, or other similar uses. Temporary uses are subiect to specific regulations
and permitting procedures."
SECTION 2: Amendment and Adoption to Section 90-252.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article (11 -District and District Regulations, Division 7 -Light Commercial
District, Section 90-252 Permitted Uses to expand the list of uses to include Pet
Grooming as follows:
The following principal uses and structures are permitted in the CLT district:
(1) Professional office, business office, medical office.
(2) Retail store, retail store.
(3) Personal service.
(4) Craft Studio
(5) Storefront church located in a unit in a multi -use building or shopping center.
(6). Petrog oming
SECTION3: Amendment and Adoption to Section 90-253.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 7 -Light Commercial
District, Section 90-253 Special Exception Uses to expand the list of uses to include
Taxidermist as follows:
The following uses and structures are permitted in the CLT district after issuance
fo a special exception use petition and may have additional conditions imposed at
the time of approval:
(1) Restaurant, take-out restaurant, cafe.
(2) Dry cleanedlaundry, laundromat.
•^--� (3)—Private club, night club.
(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.
Language to be added is underlined
Language to be deleted is struelt through Ordinance No. 1119 - Page 3 of 5
(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.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S.
426.02(5).
(18) Nursing home.
(19) Taxidermist.
SECTION 4: Amendment and Adoption to Section 90-282.
That the City Council for the City of Okeechobee, Florida, amends herein Part 11 of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 8 -Heavy Commercial
District, Section 90-282 Permitted Uses, by expanding the list of uses to include
Taxidermist and Pet Grooming as follows:
The following principal uses and structures are permitted in the CHV district:
(1) Professional office, business office, medical office.
(2) Retail service, retail store including out -door display of merchandise.
(3) Restaurant, take-out restaurant, cafe.
(4) Personal service.
(5) Dry cleaner/laundry, laundromat.
(6) Funeral home.
(7) Hotel, motel.
(8) Private club, night club.
(9) Craft Studio
(10) Business school.
(11) Commercial indoor recreation.
(12) Commercial parking garage or lot, taxistand, bus terminal.
(13) Storefront church located in a unit in a multi -use building or shopping center.
14 Taxidermist.
15 Pet orooming.
SECTION 5. Amendment and Adoption to Section 90-704.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article IV -Supplementary District Regulations, Division 9 -Special Exception
and Supplemental Use Regulations, by adding a new section to read as follows:
Section. 90-704 Pet grooming requirements
Pet orooming requirements shall be as follows:
Lot and structure requirements shall be as by the district in which the
use is located.
Additional requirements shall be as by the district in which the use is
located.
(al Special conditions and limitations
a. No pets shall be kept on the premises overnight
b. Pets shall at all times be kept within the principal building
SECTION 6: Conflicts.
That all laws or ordinances in conflictwith any provision of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 7: Severability.
That should any section, paragraph, sentence, clause, phrase, word, definition, or
any other item contained in this is for any reason held by the Court to be
unconstitutional, inoperative, void or otherwise invalid, the balance shall remain in
effect and such holding shall not affect the remainder of this ordinance.
Language to be added is underlined
Language to be deleted is sEruei< t{erecrg{t Ordinance No. 1119 - Page 4 of 5
SECTION 8: Effective Date.
That this ordinance shall become effective immediately upon its passage.
INTRODUCED at a Public Hearing for First Reading, and set for Final Public Hearing on this 3rd
day of February, 2015.
ATTEST: James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 17' day of
February, 2015.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Language to be added is underlined
Language to be deleted Is sirrrek thOrdinance No. 1119 - Page 5 of 5
I nunnov ItZ nn4iz ❑n..._v
AGENDA
ACTION - DISCUSSION - VOTE
VI. PUBLIC HEARING CONTINUED.
A. 5, a) Consideration of a recommendation to the City Council to approve or
deny application.
A motion and second was offered by Members McCoy and McCreary to recommend the City Council approve
LDR Text Amendment Application No. 15-001 -TA, as presented in the Planner's Memorandum dated January 8, 2015
with corrections to two definitions to read as follows; Convenience store with fuel pumps means a convenience store
providing motor vehicle fuels and which may also stock within the Principal structure and offer for sale prepackaged
motor oil and other small Prepackaged automotive -related accessories and "Storefront church, means a very small
house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units."
b) Board discussion.
Chairperson Hoover asked whether there was any further discussion. There was none.
c) Vote on motion.
VOTE
HOOVER - YEA BAUGHMAN-YEA BRASS -YEA CREASMAN - YEA JONASSAINT - YEA
MCCOY - YEA MCCREARY - YEA BATTON - NIA KEEFE - N/A MOTION CARRIED.
CLOSE PUBLIC HEARING - Chairperson.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:54 P.M.
INDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 Fel t.c. rQt t-, �0,Z --
in the matter of
in the 19th Judicial. District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
0
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.
Katrina Elsken
Sworn to andsubscribed before me this
day of AALiA,Q AD r;
v
Notary Public, State of Florida at Large
A
ANGIE BRIDGES
MY COMMISSION # EE 177653
EXPIRES: April 20, 2016
Bonded Thru Notary PuhGc Under*ters
Okeechobee New,
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
NOTICE OF PROPOSET
DEVELOPMENT REGU]
AMENDMENTS
PUBLIC NOTICE: the City Council of the City of
Tues, Feb 17, 2015, at 6:00 PM, or as soon thereal
55 SE 3rd Ave, Okeechobee, FL, conduct a Public l
Reading for adoption of the following Ordinance in
DINANCE OF THE CITY OF OKEECHOBEE, F
FOR AMENDMENTS TO PART II OF THE CC
SUBPART B -LAND DEVELOPMENT REGUL
SECTION 66-1 OF CHAPTER 66 -GENERAL P
IFYING EXISTING DEFINITIONS OR ADDIN
FOR THE FOLLOWING TERMS: ADULT GAN
HOL AND DRUG REHABILITATION CENT
AUCTION HOUSE (INDOOR), CONVENIEP
NIENCE STORE WITH FUEL PUMPS, GROUI
GROOMING, RECOVERY CENTER/SOBER H
CHANICAL AND REPAIR), STOREFRONT CI
STRUCTURE, TAXIDERMIST, TEMPORARY
CONTAINER, AND TEMPORARY USE; PRO`
MENTS TO CHAPTER 90 -ZONING, ARTICLI
DISTRICT REGULATIONS DIVISIONS 7 ANI
TION 90-252 BY ADDING PET GROOMING I
MITTED USES IN THE LIGHT COMMERCIAL
AMENDING SECTION 90-253 BY ADDING T2
LIST OF SPECIAL EXCEPTION USES IN THE l
ZONING DISTRICT; AMENDING SECTION
TAXIDERMIST AND PET GROOMING TO T:
TED USES IN THE HEAVY COMMERCIAL ZOr
VIDING FOR AMENDMENTS TO CHAPTER
PLEMENTARY DISTRICT REGULATIONS, l
EXCEPTION AND SUPPLEMENTAL USE REG
ING A NEW SECTION 90-704 ENTITLED PET C
FORTH REQUIREMENTS FOR PET GROOMIN
PROVIDING FOR CONFLICTS; PROVIDING
AND PROVIDING FOR AN EFFECTIVE DATE.
The proposed amendment may be viewed on the wf
com, or at the Office of the City Clerk, during norm
Fri, 8 AM -4:30 PM, at the address above.
ANY PERSON DECIDING TO APPEAL any dec
Council with respect to any matter considered at t]
ensure a verbatim record of the proceeding is made
the testimony and evidence upon which the appeal
41 i
NOTICE OF PROPOSED LAND
DEVELOPMENT REGULATION
AMENDMENTS
PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on
TUWI I as soon thereafter possible, at City Hall,
55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider Final
Reading for adoption of the following Ordinance into law: No. 1119: AN OR-
DINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING
FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES,
SUBPART B -LAND DEVELOPMENT REGULATIONS; AMENDING
SECTION 66-1 OF CHAPTER 66 -GENERAL PROVISIONS BY MOD-
IFYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS
FOR THE FOLLOWING TERMS: ADULT GAMING CENTER, ALCO-
HOL AND DRUG REHABILITATION CENTER/DETOX CENTER,
AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVE-
NIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (ME-
CHANICAL AND REPAIR), STOREFRONT CHURCH, TEMPORARY
STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE STORAGE
CONTAINER, AND TEMPORARY USE; PROVIDING FOR AMEND-
MENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICTS AND
DISTRICT REGULATIONS DIVISIONS 7 AND 8; AMENDING SEC-
TION 90-252 BY ADDING PET GROOMING TO THE LIST OF PER-
MITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE
LIST OF SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL
ZONING DISTRICT; AMENDING SECTION 90-282 BY ADDING
TAXIDERMIST AND PET GROOMING TO THE LIST OF PERMIT-
TED USES IN THE HEAVY COMMERCIAL ZONING DISTRICT; PRO-
VIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV -SUP-
PLEMENTARY DISTRICT REGULATIONS, DIVISION 9 -SPECIAL
EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADD-
ING A NEW SECTION 90-704 ENTITLED PET GROOMING, SETTING
FORTH REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
The proposed amendment may be viewed on the website, cityofokeechobee.
com, or at the Office of the City Clerk, during normal business hours, Mon -
Fri, 8 AM -4:30 PM, at the address above.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
ticipate in this proceeding, contact the City Clerk's Office no later than two
business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Council in support or opposition to any item on the agenda; a
copy of the document, picture, video, or item MUST be provided to the City
Clerk for the City's records.
Published by: Lane Gamiotea, CMC, City Clerk
Okeechobee News, February 8, 2015
V -L1 2 C C)' ✓ FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 4 OF 7 355
II AGENDA �I COUNCIL ACTION - DISCUSSION - VOTE
VI, PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED
A. 2. b) Public discussion and comments on proposed Ordinance No. 1118
I continued.
c) Vote on motion.
B.1. a) Motion to accept and read by title only, the Revised Version of
proposed Ordinance No. 1119, setting the Final Public Hearing date as
February 17, 2015, concerning LDR Text Amendment No. 15 -001 -TA
City Planning Consultant (Exhibit 2).
b) Vote on motion to accept and read by title only, and set final public
hearing date.
c) City Attorney to read proposed Ordinance No. 1119 (Revised Version
by title only.
Council noted their appreciation to Mr. Brisson and his recommendation of denial as a Planner. However, as noted
at the first reading, the area is suitable for this rezoning. Mayor Kirk asked whether there were any comments from
the public. There were none.
KIRK - YEA CHANDLER - YEA O'CONNOR - YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
Motion and second by Council Members Watford and Ritter to accept and read by title only, the Revised Version of
proposed Ordinance No. 1119, setting the Final Public Hearing date as February 17, 2015, concerning Land
Development Regulation Text Amendment No. 15 -001 -TA
KIRK - YEA CHANDLER - YEA O'CONNOR - YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1119 (revised version), by title only as follows: "AN ORDINANCE OF
THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF
ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66-1 OFCHAPTER 66 -
GENERAL PROVISIONS BY MODIFYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS FOR THE
FOLLOWING TERMS: ADULT GAMING CENTER, ALCOHOL AND DRUG REHABILITATION CENTERIDETOX
CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE WITH FUEL PUMPS,
GROUP HOME, MOTEL, PET GROOMING, RECOVERYCENTER/SOBER HOME, SERVICES (MECHANICAL AND
REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE
STORAGE CONTAINER, AND TEMPORARY USE, PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING,
ARTICLE III -DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7AND 8; AMENDING SECTION 90-252 OF BY
ADDING PET GROOMING TO THE LIST OF PERMITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF SPECIAL EXCEPTION USES IN THE
LIGHT COMMERCIAL ZONING DISTRICT;AMENDING SECTION 90-282 BY ADDING TAXIDERMIST AND PET
GROOMING TO THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL ZONING DISTRICT, PROVIDING
FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV -SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9 -
SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW SECTION 90-704
ENTITLED PET GROOMING, SETTING FORTH REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE."
356 FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 5 OF 7
.. _ 11- . _ .
AGENDA
r ..; ..,.r.... ,
.r, COUNCIL ACTION - DISCUSSION -VOTE
VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED
B. 2. a) Motion to approve the first reading of proposed Ordinance No. 1119
Motion and second by Council Members O'Connor and Ritter to approve the first reading of proposed Ordinance No.
(Revised Version).
1119 (revised version).
b) Public discussion and comments.
Mr. Brisson commented these amendments had been on standby over the past year. Council Member Watford
questioned whether there were regulations already in place to address Recovery Center/Sober Homes. Mr. Brisson
answered, currently there are no regulations. However, it would be addressed immediately once the definition is
added and approved. Mayor Kirk asked whether there were any comments from the public. There were none.
c) Vote on motion.
VOTE
KIRK - YEA CHANDLER - YEA O'CONNOR - YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
CLOSE PUBLIC HEARING - Mayor
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M.
VII. NEW BUSINESS
A. Consider a Technical Review Committee parking reduction
Council Member Watford moved to approve a 43 percent parking reduction (eight spaces) for Dunkin Donuts Site Plan
No. 14 -005 -TRC submitted by Albert Zakhary of PMA of Okeechobee, Inc., (for Lots 7 to 9 of Block 153, City of
recommendation regarding Application No. 14 -005 -TRC, submitted by
Okeechobee Plat Book 5 Page 5 Okeechobee County Public Records), to utilize five parking spaces along the East
Albert Zakhary, PMA Okeechobee, Inc. - Steven L. Dobbs, Engineering
side of Northeast 2"d Avenue with the 17 off-street spaces as recommended by the Technical Review Committee
Consultant (Exhibit 3),
FRC) further that the owner may request additional parking reductions directly to the City Council for any expansion
or improvements that would result in additional parking requirements: seconded by Council Member O'Connor.
The motion came after a lengthy discussion involving the Mayor, Council, Administrator Whitehall, Planner Brisson,
Mr. Steve Dobbs (Project Engineer) and Mr. Zakhary. The owner obtained a Special Exception (No. 14 -001 -SE), in
May of 2014 to allow a drive-through service at this site. Then on July 17, 2014, the Site Plan (No. 14 -003 -TRC) was
approved with multiple conditions relating to ingress/egress, parking and based on using only 1,000 square feet (SF)
for the coffee shop with the remaining 4,000 SF for storage. That plan required 17 off-street spaces.
The applicant submitted a second Site Plan (No. 14 -005 -TRC) and obtained approval with a recommendation for the
parking reduction. This plan proposes a 2,000 SF restaurant, 400 SF office, 300 SF play room and 2,300 SF storage.
This will require 30 off-street parking spaces, the site has 17. Mr. Dobbs was successful in convincing the TRC to
approve the plan based on the traffic study, using 15 parking spaces along Northeast 2"d Avenue, and the fact that
the owner could request up to an 80 percent parking reduction based on the Commercial Business District zoning. In
regards to the 15 spaces, five are on the west side, 10 are on the east -side with five of those being next to the subject
property (Lot 7). The owner further agreed to absorb the cost to have all these spaces striped for angled parking.
INDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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
in the matter of D
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
I/as lty-
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.
Katrina Elsken
Sworn to arld subscribed before me this
day of AD
Notary Public, State of Florida at Large
—, F
OKEECHOBEE—James
ANGIE BRIDGES
5.r .
MY COMMISSION # EE 17765
., de
Bonded
EXPIRES: April 20, 2016
Thru Notary Public Underwriters
Okeechobee News # i5 I -TA-
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
NOTICE
DEVELOI
V
PUBLIC NOTICE: the C
on Tues, Feb 3, 2015, at
Hall, 55 SE 3rd Ave, Oke
Sider First Reading for ad.
1119: AN ORDINANC:
IDA PROVIDING FOR
OF ORDINANCES SUB]
ULATIONS, INCLUDINt
FYING EXISTING DEFIl
FOR THE FOLLOWING'
HOL AND DRUG REH,
AUCTION HOUSE (INE
NIENCE STORE WITH F
GROOMING, RECOVER'
CHANICAL AND REPAII
STRUCTURE, TAXIDERD
CONTAINER, AND TEM
253 BY ADDING TAXIDE
Brought
to you
by: *I
VFW Post serving
Buckhead Ridge VFW
E. S.R. 78, will be open tc
following activities: Sund,
fast will be served from
will be hosted by the Ar
will be $1 bloody marys
drafts and then it's five -c,
The AmVets are serving t;
Wednesday, Jan. 28, fro]
Thursday, Jan. 29, enjoy
1 p.m. All proceeds be
grams. Call 843-467-2882
Obituaries
Obituaries should
the Okeechobee Nei
obits@newszap.com. C
request photos and lin
books. A link to the obits
www.newszap.com.
James Edward ]
TION USES IN THE CLT Z
OKEECHOBEE—James
90-282 BY ADDING TAX]
died January 13,
was born August 16, 194
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Ridley Park, Pennsylvania
252 BY ADDING PET GR
James Sr. and Ellen Neil;
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Brown. He resided in Ok
282 BY ADDING PET GRi
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201 ]when he relocated
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74
Exhibit 2
ORDINANCE N0. 1119 Feb 3, 2015
a-TYREVISED VERSION`O
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR
AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES, SUBPART B-
LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66-1 OF
CHAPTER 66 -GENERAL PROVISIONS BY MODIFYING EXISTING DEFINITIONS
OR ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT
GAMING CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX
CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE,
CONVENIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (MECHANICAL
AND REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE,
TAXIDERMIST, TEMPORARY PORTABLE STORAGE CONTAINER, AND
TEMPORARY USE; PROVIDING FORAMENDMENTS TO CHAPTER 90 -ZONING,
ARTICLE Ill -DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7 AND 8;
AMENDING SECTION 90-252 K bYADDING PET GROOMING TO THE LIST OF
PERMITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-282 BYADDING TAXIDERMIST AND PET GROOMING
TO THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL ZONING
DISTRICT; PROVIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV -
SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9 -SPECIAL
EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW
SECTION 90-704 ENTITLED PET GROOMING, SETTING FORTH
REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number
716, as amended, known as the Land Development Regulations; and
WHEREAS the City of Okeechobee, Florida, has a legitimate interest in periodic review of its
ordinances and land development regulations in order to address certain inconsistencies
or outdated regulations contained in the codes; to make amendments to meet changing
community standards, or to accommodate new development; and to create new ordinance
or regulation to better serve the public and to make the code a more consistent and easier
to understand document; and
WHEREAS, Staff and the Planning Board, acting as the Local Planning Agency, reviewed and
discussed the proposed amendments, at a duly advertised Public Hearing held on January
15, 2015, and based on findings of fact by the Planning Staff, hereby recommends certain
changes, amendments or modifications to the Code of Ordinances and Land Development
Regulations, to present to the City Council for ordinance adoption and codification; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the
recommendations by the Planning Board and concludes that enacting such amendments
to be in the best interest of its citizens of said City, that said amendments are necessary
and appropriate to make the Land Development Regulations 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:
Language to be added is underlined
Language to be deleted is Ordinance No. 1119 - Page 1 of 5
SECTION 1: Amendment and Adoption to Section 66-1.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 66 -
General Provisions, Section 66-1 to include and amend the following definitions:
Adult gaming center means an establishment that provides consoles, seating or
stations for an individual to participate in video gaming, internet gaming, or other
forms of games of chance where the individual is charged for the use of the video
console or computer game or station and prizes are awarded in any form. This
definition specifically excludes games of skill and entertainment as are typically
found in video and entertainment arcades catering primarily to minors.
Alcohol and drug rehabilitation center/detox center means a facility providing an
active rehabilitation treatment program run throughout the day, where the residents
receive intensive individual and group counseling for their substance abuse.
Residents typically stay for one to six months.
Auction house (indoor) means an establishment where objects of art, furniture, and
other goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles farm and construction equipment and the like are auctioned.
Convenience store means a retail establishment offering for sale prepackaged food
products beverages household items, newspapers and magazines, sandwiches
and other freshly prepared foods for consumption off the premises.
Convenience store with fuel pumps means a convenience store providing motor
vehicle fules and which may also stock within the principal structure and offer for
sale prepackaged motor oil and other small prepackaged automotive -related
accessories.
Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential
homes in excess of six persons under F.S. ch. 419; and such similar facilities as
authorized by law, and for which licensing is first required by law, and for which
licensing is first required by the state department of children and families and/orthe
agency for health care administration, or other state or federal agency. This
definition specifically excludes alcohol and drug rehab ilitation/detox centers, and
recovery centers/sober homes.
Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room,
generally with no provisions made for cooking in individual rooms, and which may
have a restaurant and indoor recreation as accessory uses. Recovery centers/sober
homes are not motels.
Pet grooming means an establishment providing for the hygienic care and cleaning
of a domestic pet usually dogs, cats and sometimes birds, and includes the
preparation or enhancement of a pet's physical appearance for "showing" or other
types of competition.
Recovery center/sober home means a facility, used by addicts recoveringfrom
substance abuse, which serves as an interim environment between rehabilitation
and a return to their former lives. These facilities provide a safe and supportive
place in which people can live while they are in recovery and are primarily meant to
provide housing for people who have just come out of rehabilitation (or recovery
centers) and need a place to live that is structured and supporting for those in
recovery. A recovery center/sober home is not a group home because it is not
licensed by a state or federal agency.
Language to be added is underlined
Language to be deleted is struck theugh Ordinance No. 1119 - Page 2 of 5
Services, mechanical and repair means establishments including machinery
servicing and repair, or service garage, motor vehicle paint and/or body shop, motor
vehicle or trailer rental, veterinarian, printer, atietion house, salvage yard, and
similar service uses.
Storefront church, means a very small house of worship located in a one and only
one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units.
Structure, temporary means a structure that is erected without any foundation or
footings and is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent display is undertaken. In
some cases, the actual skin (including the fur, feathers or scales) of the specimen
is preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials."
Temoorarvoortable storage containermeans a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site, it is used as temporary, short-term storage
shelter. It may also be loaded with material and then transported by separate
vehicle to an off-site storage location for longer periods of time."
Use, temporary means an outdoor use or activity which is permitted only for a
limited time such as promotional events, tent sales, charity events, craft or art fairs,
car shows, or other similar uses. Temoorary uses are subiect to specific regulations
and permitting procedures.'
SECTION 2: Amendment and Adoption to Section 90-252.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 7 -Light Commercial
District, Section 90-252 Permitted Uses to expand the list of uses to include Pet
Grooming as follows:
The following principal uses and structures are permitted in the CLT district:
(1) Professional office, business office, medical office.
(2) Retail store, retail store.
(3) Personal service.
(4) Craft Studio
(5) Storefront church located in a unit in a multi -use building or shopping center.
u Pet grooming
SECTION 3: Amendment and Adoption to Section 90-253.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 7 -Light Commercial
District, Section 90-253 Special Exception Uses to expand the list of uses to include
Taxidermist as follows:
The following uses and structures are permitted in the CLT district after issuance
fo a special exception use petition and may have additional conditions imposed at
the time of approval:
(1) Restaurant, take-out restaurant, cafe.
(2) Dry cleaner/laundry, laundromat.
(3) Private club, night club.
(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.
Language to be added is underlined
Language to be deleted is struck -through Ordinance No. 1119 - Page 3 of 5
(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.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S.
426.02(5).
(18) Nursing home.
(19) Taxidermist.
SECTION 4: Amendment and Adoption to Section 90-282.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 8 -Heavy Commercial
District, Section 90-282 Permitted Uses, by expanding the list of uses to include
Taxidermist and Pet Grooming as follows:
The following principal uses and structures are permitted in the CHV district:
(1) Professional office, business office, medical office.
(2) Retail service, retail store including out -door display of merchandise.
(3) Restaurant, take-out restaurant, cafe.
(4) Personal service.
(5) Dry cleaner/laundry, laundromat.
(6) Funeral home.
(7) Hotel, motel.
(8) Private club, night club.
(9) Craft Studio
(10) Business school.
(11) Commercial indoor recreation.
(12) Commercial parking garage or lot, taxistand, bus terminal.
(13) Storefront church located in a unit in a multi -use building or shopping center.
l 41 Taxidermist.
LjQ Pet grooming.
SECTION 5. Amendment and Adoption to Section 90-704.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article IV -Supplementary District Regulations, Division 9 -Special Exception
and Supplemental Use Regulations, by adding a new section to read as follows:
Section. 90-704. Pet grooming requirements.
Pet grooming_reguirements shall be as follows:
u Lot and structure requirements shall be as by the district in which the
use is located.
(2) Additional requirements shall be as by the district in which the use is
located.
(3). Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building.
SECTION 6: Conflicts.
That all laws or ordinances in conflictwith any provision of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 7: Severability.
That should any section, paragraph, sentence, clause, phrase, word, definition, or
any other item contained in this is for any reason held by the Court to be
unconstitutional, inoperative, void or otherwise invalid, the balance shall remain in
effect and such holding shall not affect the remainder of this ordinance.
Language to be added is underlined
Language to be deleted is dough Ordinance No. 1119 - Page 4 of 5
SECTION 8: Effective Date.
That this ordinance shall become effective immediately upon its passage.
INTRODUCED at a Public Hearing for First Reading, and set for Final Public Hearing on this 3`d
day of February, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 17`h day of
February, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
Language to be deleted is struck through Ordinance No. 1119 - Page 5 of 5
JANUARY 15, 2015 - PLANNING BOARD - PAGE 7 OF 6
I AGENDA ACTION - DISCUSSION - VOTE
VI. PUBLIC HEARING CONTINUED,
A. 5, a) Consideration of a recommendation to the City Council to approve or A motion and second was offered by Members McCoy and McCreary to recommend the City Council approve
deny application. LDR Text Amendment Application No. 15 -001 -TA, as presented in the Planner's Memorandum dated January 8, 2015
with corrections to two definitions to read as follows; Convenience store with fuel pumps means a convenience store
Providing motor vehicle fuels and which may also stock within the principal structure and offer for sale orepackaoed
motor oil and other small prepackaged automotive -related accessories and "Storefront church, means a very small
house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units."
b) Board discussion.
c) Vote on motion.
Chairperson Hoover asked whether there was any further discussion. There was none.
HOOVER - YEA BAUGHMAN-YEA BRASS -YEA CREASMAN - YEA JONASSAINT-YEA
MCCOY - YEA MCCREARY - YEA BATTON - NIA KEEFE - NIA MOTION CARRIED,
CLOSE PUBLIC HEARING - Chairperson. II CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:54 P.M.
JANUARY 15, 2015 - PLANNING BOARD - PAGE 7 OF 6
�I AGENDA ACTION - DISCUSSION - VOTE —�
VI. PUBLIC HEARING CONTINUED.
A. 5, a) Consideration of a recommendation to the City Council to approve or A motion and second was offered by Members McCoy and McCreary to recommend the City Council approve
deny application. LDR Text Amendment Application No. 15 -001 -TA, as presented in the Planner's Memorandum dated January 8, 2015
with corrections to two definitions to read as follows; Convenience store with fuel pumps means a convenience store
Providing motor vehicle fuels and which may also stock within the Principal structure and offer for sale tivprepackaged
motor oil and other small prepackaged automoe-related accessories and "Storefront church, means a very small
house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units."
b) Board discussion.
c) Vote on motion.
CLOSE PUBLIC HEARING - Chairperson.
Chairperson Hoover asked whether there was any further discussion. There was none.
HOOVER - YEA BAUGHMAN-YEA BRASS -YEA CREASMAN - YEA JONASSAINT-YEA
MCCOY - YEA MCCREARY - YEA BATTON - NIA KEEFE - NIA MOTION CARRIED,
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:54 P.M.
ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING
FOR AMENDMENT TO PART II OF THE CODE OF ORDINANCES
SUBPART B THE LAND DEVELOPMENT REGULATIONS, INCLUDING
SECTION 66-1 DEFINITIONS, BY MODIFYING EXISTING DEFINITIONS
OR ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT
GAMING CENTER, ALCOHOL AND DRUG REHABILITATION
CENTER/DETOX CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE
STORE, CONVENIENCE STORE WITH FUEL PUMPS, GROUP HOME,
MOTEL, PET GROOMING, RECOVERY CENTERISOBER HOME,
SERVICES (MECHANICAL AND REPAIR), STOREFRONT CHURCH,
TEMPORARY STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE
STORAGE CONTAINER, AND TEMPORARY USE; AMENDING SECTION
90-253 BY ADDING TAXIDERMIST TO THE LIST OF SPECIAL
EXCEPTION USES IN THE CLT ZONING DISTRICT; AMENDING
SECTION 90-282 BY ADDING TAXIDERMIST TO THE LIST OF
PERMITTED USES IN THE CHV ZONING DISTRICT; AMENDING
SECTION 90-252 BY ADDING PET GROOMING TO THE LIST OF
PERMITTED USES IN THE CLT ZONING DISTRICT; AMENDING
SECTION 90-282 BY ADDING PET GROOMING TO THE LIST OF
PERMITTED USES IN THE CHV ZONING DISTRICT; AMENDING
ARTICLE IV, DIVISION 9, SPECIAL EXCEPTION AND SUPPLEMENTAL
USE REGULATIONS BY ADDING A NEW SECTION 90-704 ENTITLED
PET GROOMING; SETTING FORTH REQUIREMENTS FOR PET
GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the City of Okeechobee, Florida, has a legitimate interest in periodic review of
its
Rc, Id, e to a re ulati s ord o jr.ocjs certain
inc sisat r ul ti c in in ,make
am n o m I t s r cate new
development, and to create new ordinance or regulation to better serve the public
and to make the code a more consistent and easier to understand document; and
WHERE taf nc eJI",�ar Ing th ySdrt
A Dc reviiiewed
a d e r s t o I u c�arin held
on January 15, 2015, and based on findings of fact by the Planning Staff, hereby
recommends certain changes, amendments or modifications to the Code of
Ordinances and Land Development Regulations, to present to the City Council for
ordinance adoption and codification; and
NOW THE5F d in bie t �yVunj e�itPechobee,
Floridapresented at a dul advertisehi publig; and pasmajority
Y
vote of the City Council; and properly executed by the Mayor or designee, as
Chief Presiding Officer for the City; that:
SECTION 1:
That their�7 e Cj�fet�iot�erI" irr) herein Chapter
66, Secti\\\n 1 th fin' l/J
use of the video console or computer game or station and prizes are
awarded in any form. This definition specifically excludes games of skill and
entertainment as are typically found in video and entertainment arcades
catering primarily to minors.
Language to be added is underlined
Language to be deleted is sh ack11—ugh Ordinance No. 1119 - Page 1 of 4
Alcohol and drug rehabilitation center/detox centermeans a facility providing
an active rehabilitation treatment program run throughout the day, where the
residents receive intensive individual and group counseling for their
substance abuse. Residents typically stay for one to six months.
Auction house (indoor) means an establishment where objects of art
furniture, and other goods are offered for sale to persons who bid on the
object in competition with each other. This definition does not include
outdoor or open-air auctions where vehicles, farm and construction
equipment and the like are auctioned.
Convenience store means a retail establishment offering for sale
prepackaged food products, beverages, household items, newspapers and
magazines, sandwiches and other freshly prepared foods for consumption
off the premises.
Convenience store with fuel Qumos means a convenience store providing
gasoline and/or diesel fuel pumps for the fueling of automotive vehicles, and
which may also stock within the principal structure and offer for sale
prepackaged motor oil and other small prepackaged automotive -related
accessories.
Group home means a building designed or used as permanent or temporary
living quarters for six or more unrelated persons in which individual cooking
facilities are not provided. Included in such designation, but not limited to, are
such facilities as residential facilities and comprehensive transitional
education programs under F.S. ch. 393; domestic violence centers under
F.S. ch. 415; community residential homes in excess of six persons under
F.S. ch. 419; and such similar facilities as authorized by law, and for which
licensing is first required by law, and for which licensing is first required by
the state department of children and families and/or the agency for health
care administration, or other state or federal agency. This definition
soecifically excludes alcohol and drug rehabilitation/detox centers, and
recovery centers/sober homes
Motel means an establishment containing sleeping accommodations for
transient guests, which has individual entrances from the outside to serve
each room, generally with no provisions made for cooking in individual
rooms, and which may have a restaurant and indoor recreation as accessory
uses. Recovery centers/sober homes are not motels.
Pet _grooming means an establishment providing for the hygienic care and
cleaning of a domestic pet, usually dogs, cats, and sometimes birds, and
includes the preparation or enhancement of a pet's physical appearance for
"showing" or other types of competition.
Recovery center/sober home means a facility, used by addicts recovering
from substance abuse, which serves as an interim environment between
rehabilitation and a return to their former lives. These facilities provide a safe
and supportive place in which people can live while they are in recovery and
are primarily meant to provide housing for people who have just come out of
rehabilitation (or recovery centers) and need a place to live that is structured
and supporting for those in recovery. A recovery center/sober home is not a
group home because licensing is not licensed by a state or federal agency.
Services, mechanical and repair means establishments including machinery
servicing and repair, or service garage, motor vehicle paint and/or body
shop, motor vehicle or trailer rental, veterinarian, pi inter, atietion house,
salvage yard, and similar service uses.
Language to be added is underlined
Language to be deleted is sbuck through Ordinance No. 1119- Page 2 of 4
Storefront church, means a house of worship located in a one and only one
unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units.
Structure, temporary means a structure that is erected without any
foundation or footings and is removed when the designated time period,
activity, or use for which the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life-
like three-dimensional representation of an animal for permanent display is
undertaken. In some cases, the actual skin (including the fur, feathers or
scales) of the specimen is preserved and mounted over an artificial body. in
other cases, the specimen is reproduced completely with man-made
materials."
Temporary portable storage container means a self-contained storage unit
designed to be delivered to a site by a separate vehicle where it is removed
from the vehicle and left at the site. Once on the site it is used as
temporary, short-term storage shelter. It may also be loaded with material
and then transported by separate vehicle to an off-site storage location for
longer periods of time."
Use temporary means an outdoor use or activity which is permitted only for
a limited time such as promotional events, tent sales, charity events, craft or
art fairs car shows, or other similar uses. Temporary uses are subject to
specific regulations and permitting procedures."
SECTION 2:
That the City Council for the City of Okeechobee, Florida, amends herein Chapter
90, ZONING, ARTICLE III, Section 90-253 by adding "Taxidermist" to the list of
Special Exception Uses in the CLT Zoning District as follows:
Section 90-253. Special Exception Uses, (19) Taxidermist
SECTION 3:
That the City Council for the City of Okeechobee, Florida, amends herein
Chapter 90, ZONING, ARTICLE III, Section 90-282 by adding "Taxidermist' to
the list of Permitted uses in the CHV zoning district as follows:
Section 90-282. Permitted Uses, (14) Taxidermist
SECTION 4:
That the City Council for the City of Okeechobee, Florida, amends herein Chapter
90, ZONING, ARTICLE III, Section 90-252 by adding "Pet grooming" to the list of
Permitted uses in the CLT zoning district as follows:
Section 90-252. Permitted Uses, (6) Pet grooming
SECTION 5.
That the City Council for the City of Okeechobee, Florida, amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Pet grooming" to the list of
Permitted uses in the CHV zoning district as follows:
Section. 90-282. Permitted Uses, (15) Pet grooming
Language to be added is underlined
Language to be deleted is shack throvgk Ordinance No. 1119 - Page 3 of 4
SECTION 6.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE IV, by adding a new Section 90-704 entitled 'Pet grooming"
to read as follows:
Section. 90-704. Pet grooming
Pet grooming requirements shall be as follows:
(1) Lot and structure requirements shall be as by the district in which the
use is located.
_ (2) Additional requirements shall be as by the district in which the use is
located.
(3) Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building.
SECTION 7: Conflicts.
That all laws or ordinances in conflict with any provision of this ordinance are
hereby repealed to the extent of such conflict.
SECTION 8: Severability.
That should any section, paragraph, sentence, clause, phrase, word,
definition, or any other item contained in this is for any reason held by the
Court to be unconstitutional, inoperative, void or otherwise invalid, the
balance shall remain in effect and such holding shall not affect the remainder
of this ordinance.
SECTION 9: Effective Date.
That this ordinance shall become effective immediately upon its passage.
INTRODUCED at a Public Hearing for First Reading, and set for Final Public
Hearing on this 20`h day of January, 2015.
James E_ Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this
3'd day of February, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
Language to be deleted is shuck !!rough Ordinance No. 1119 - Page 4 of 4
,NDEPENDENT
HEINSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 01- L r.
in the matter of
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.
i
Katrina Elsken
Sworn to agd subscribed before me this
tf rk day of z-, ,j AD
Notary Publics, S,ttaa e of Florida at Large
ANMEOf1DM
wamjn $EEi7W
FXPIiMS ApM 20, 2018
e�tnuw.rRsrcud..n..
I
Fat t&K
Okeechobee News 15{�i I - Th -
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
NOTICE OF PROPOSED LAND
DEVELOPMENT REGULATION
AMENDMENT
PUBLIC NOTICE: the City �'oucil of the City of Okeechobee, FL, will
on Toes, Feb 3, 2015, at 6:00, or as soon thereafter possible, at City
Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to con-
sider First Reading for adoption of the following Ordinance into law: No.
1119: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLOR-
IDA PROVIDING FOR AMENDMENT TO PART II OF THE CODE
OF ORDINANCES SUBPART B THE LAND DEVELOPMENT REG_
ULATIONS, INCLUDING SECTION 66-1 DEFINITIONS, BY MODI-
FYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS
FOR THE FOLLOWING TERMS: ADULT GAMING CENTER, ALCO-
HOL AND DRUG REHABILITATION CENTER/DETOX CENTER,
AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVE-
NIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTERISOBER HOME, SERVICES (ME-
CHANICAL AND REPAIR), STOREFRONT CHURCH, TEMPORARY
STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE STORAGE
CONTAINER, AND TEMPORARY USE; AMENDING SECTION 90-
253 BY ADDING TAXIDERMIST TO THE LIST OF SPECIAL EXCEP-
TION USES IN THE CLT ZONING DISTRICT; AMENDING SECTION
90-282 BY ADDING TAXIDERMIST TO THE LIST OF PERMITTED
USES IN THE CHV ZONING DISTRICT; AMENDING SECTION 9o-
252 BY ADDING PET GROOMING TO THE LIST OF PERMITTED
USES IN THE CLT ZONING DISTRICT; AMENDING SECTION 9o-
282 BY ADDING PET GR OMING TO THE LIST OF PERMITTED
USES IN THE CHV ZONIPG DISTRICT; AMENDING ARTICLE IV
DIVISION 9, SPECIAL)EXCEPTION AND SUPPLEMENTAL USE
REGULATIONS BY ADDING A NEW SECTION 90-704 ENTITLED
PET GROOMING; SETTING FORTH REQUIREMENTS FOR PET
GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS
AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The proposed amendment maybe viewed on the website, cityofokeechobee.
com, or at the Office of the City Clerk, during normal business hours, Mon -
Fri, 8 AM -4:30 PM, at the address above.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with
a disability as defined by the ADA, that needs special accommodation to
participate in this proceeding, contact the City Clerk's Office no later than
two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, vid-
eo or items to the Council in support or opposition to any item on
the agenda; a copy of the document, picture, video, or item MUST be
provided to the City Clerk for the City's records.
Published by: Lane Ganuotea, CMC, City Clerk
Published 1-25-2015, Okeechobee News
! Okeechobee News
107 SW 17th Street, Suite D
INDEPENDENT Okeechobee, Florida 34974
NEWSMEDIA INC. USA 863-763-3134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 k4 4 4AL-2 111141 %
\,J A
in the matter of.---
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.
T-.
Katrina Elsken
Sworn to and s�scribed be ore me this
day of 0 IK -_
AD
Notary Public State of Florida at Large
...........
AWGIE BRIDGES
MY COMMISSION # EE 177653EXPIRES: April 20, 2016Bonded Thru Notary PubBc Underwriters
.A.o.e
PUBLIC HEARING NOTICE
LAND DEVELOPMENT REGULATION TEXT AMENDMENT
A PUBLIC HEARING will be held before the Qty of Okeechobee Plan-
ning Board, meeting as. the Local Planning Agency on ;ti=y;
1�,, 1015, at 6 PA, . or as soon thereafter as possible, at Gty Hall, 55 5
3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input on amend-
ing the Code of Ord noes, Subpart B Land Devebpmert Regulations.
Ameadrn8at ISMO t proposes to modify existing definitions or adding
new definitions for the following terms: adult gaming center, alcohol and
drug rehabilitation center/detox center, auction house (indoor), convenience
store, convenience store with fuel pumrvips, group home, motel, pet groom -
Ing, recovery centerlsober home, seces (mechanical and repair), store-
front church, temporary structure, txdermist, temporary portable storage
container, and temporary use. Amend Section 90-252 ra ack1n Pet Groom -
Ing to the list of Permitted Uses In the Light Commercial (CLT} Zoning Dis-
trict. Amend Section 90-253 by adding Taxidermist to the list of Special
Exce tion Uses in the CLT Zoning District. Amend Section 90-282 by adding
Taxidermist and Pet Grooming to the list of Permitted Uses In the Heavy
Commercial Zoning District. Adding a new Section 90-704 entitled Pet
Grooming and sets forth requirements for pet grooming establishments
when applyYing for a Special Exception.
The Planning Board will issue a recommendation on Application No.
15 -001 -TA, and forward to the City Council for consideration at the Febru-
ary 3 and February 17 meetings.
All interested parties are encouraged to attend. Please contact General
Services at 863-763-3372, or website, cityofokeechobee.com, to obtain a
L
opy of the agenda. The proposed amendment may be reviewed at the ad-
dress above during regular business hours, Mon -Fri, gam-4:30pm, except
for holidays.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning
Board with respect to any matter considered at this meeting will need to en-
sure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
ticipate in this proceeding, contact the General Services Office no later than
two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Planning Board in support or oppos11 n to any item on the
agenda; a copy of the document, picture Ndeo, or Item must,.be provided
to the Board Secretary for the CRy's records.
BY: Brian Whitehall, Zoning Administrator, Applicaboft fillb"10}R1111M
INDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County; --Florida, that thea__ copy of
advertisement being a ;,`"�P 7u� c"
r,
in the matter of` 7 - F ;7U' L,
in the 19tf Ju )cial 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.
Katrina Elsken
-4f 15- 0o I -TR
PC>;d4t0'3;
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
PUBLIC HEARING
LAND DEVELOPMENT REGULATION TIEXT AMENDMENT
A PUBLIC HEARING will be held before the City of Okeechobee Pan-
ning Board, meeting as the Local Planning Agency on Thursday, ]anusry
3s; 2016, •Ff PM, oras soon thereafter as possible, at City Hall, U5 7
3rd Ave, 8m 200, Okeechobee, F,, to consider and receive input on amend-
ing the Code of Ordinances, Subpart 8 Land Development Regulations.
Amendment 15-OOL TA proposes to modify existing deflnitlons or adding
new definitions for the following terms: ad gaming center, alcohol and
drug rehabilitation center/detox center, auction house (indoor), convenience
store, convenience store with fuel pumps, group home, motel, pet groom-
ing, recovery center/sober home, ser ke- (mechanical and repair), store-
y w me nsc or rermitted Uses in the Light Commercial (CLT5 Zoning Dis
Ex epG onlid Uses
inn the CLT Zonbr g District. Amend Section 90-2 2 by add nc
Taxidermist and Pet Grooming to the Ilst rend
Uses In theHeavy
Commercial Zoning District. Adding a new Sectlon 90-704 entitled Pei
Grooming and sets forth requirements for pet grooming establishments
when applying for a SpecialTheException.
recommencla 15-001-TA,aand forward to the City Council for considertion ail�thecatioFebru-
ary 3 and February 17All meetings.
Serviceseat�8663 763 3372e ornc.ou is e, loofokeechobee contto 0M� neral a
copy of the agenda. Thome �roposed amendment may be reviewed at the ad-
dress above durin r u ar bbusiness hours, Mon -Fri, Sam-4:30pm, except
for holidays.
ANY PERSON DECIDLNG TO APPEAL any decision made by thePlanntng'
Board with respect to any matter considered at this meetlng will need to en-
sure a verbatlm record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In a¢or-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
ddpate in this proceeding, contact the General Services Office no later than
two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you Intend to show any document, picture, video
or items to the Planning Board in support or oppositlon to any item on the
agenda; a copy of the document, picture video, or item must be provided
to the Board Secretary for the City s records.
By: Brian Whitehall, Zoning Administrator, Application No. L5 -o01 -TA
468930 ON 12/28/2014
Sworn to and subscribed before e this
� day of �``'F��,4,=i 7-ZY � C°%Z-' AD C5 r'r / C�
Notary Public, State of Florida at Large
1z�
ANOIE BRIDGES
*, e. MY COMMISSION Y EE 177653
EXPIRES: ApdI 20, 2016
Bonded Thru Notary Public Underwriters
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Friday, February 20, 2015 11:37 AM
To: MCC
Subject: City of Okeechobee Ordinances to post on Ord Bank
Attachments: Ord 1119.pdf, Ord 1119.docx; Ord 111S.pdf, Ord 111S.docx
Good Morning,
I have attached two ordinances (in two different formats) to be added to the Ordinance Bank.
Ord No. 1115
Ord No. 1119
Please contact me should you have any questions.
Thank you,
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
1
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:29 PM
To: Council - Dowling Watford; Council - Mayor James Kirk; Gary Ritter; Melisa Jahner;
Noel Chandler
Subject: Ord 1119 LDR Amendments
Attachments: ord 1119.pdf
Good afternoon Mayor and Councilmen,
Attached you'll find Ord No. 1119 which was adopted at our Feb 17, 2015 meeting, amending the LDR amendments.
Please refer to this language as the most recent and correct, and make the necessary changes in your code book, until
this ordinance gets supplemented to the code.
Should you have any questions, please contact me.
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE P Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:32 PM
To: Brian Whitehall; India Riedel; Jackie Dunham; Jeff Newell; Kim Barnes; Lane Gamiotea;
Marty Thomas; Melisa Jahner; Melissa Henry; Patty Burnette; PW - David Allen ; Robin
Brock
Subject: Ord 1119 amending LDR's
Attachments: ord 1119.pdf
Attached you'll find Ord No. 1119 amending the LDR's.
Please refer to the language in this ordinance as the most recent and correct, and make the necessary changes to your
code book, until the ordinance gets supplemented to the code.
Should you have any questions, please contact me.
&"VTMy 100 ,I ea w l
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:41 PM
To: Chief Davis; Police - Chief Davis; Police - Donald Hagan; Police - Jeanna Lanier; Police -
Jeanna Lanier; Police - Justin Bernst ; Police - Justin Bernst; Police - Skip Eddings; Terisa
Garcia; Police - Terisa Garcia
Subject: Ord No. 1119 LDR amendments for Code Book
Attachments: ord 1119.pdf
Attached you'll find Ord No. 1119, for your reference as the most correct language until the Code is supplemented.
Please update all the books at the Police Dept with the necessary changes.
Should you have any questions, please contact me.
i
- , VkW
100 ,I Cana!
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE P Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
1
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:42 PM
To: John Cook; John Cook
Subject: Update for your code book
Attachments: ord 1119.pdf
Attached you'll find Ord No. 1119 to use as reference as the most correct language until the code is supplemented.
Should you have any questions, please contact me.
L,eQe�v�,tui y �00'1�ean� �
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3'd Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:44 PM
To: Fire - Herb Smith; Fire - Fred Sterling ; Fire - Sue Christopher
Subject: Ord No. 1119 to update your Code Book
Attachments: ord 1119.pdf
Attached you'll find Ord No. 1119, amending the LDR's.
Please refer to this language as the most recent and correct, and update your code books accordingly.
&eAat` fqr 100 ,�eaw!
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 4:33 PM
To: Bill Brisson; LaRue - Gloria
Subject: Ord 1119 LDR Amendment
Attachments: ord 1119.pdf
Hi Bill/Gloria
Attached is Ord No. 1119 amending the LDR's.
Please this language as the most recent and correct and make the necessary changes to your code book until the next
supplement.
Should you have any questions, you may contact me.
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
1
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 4:37 PM
To: Atty John Cassel; Cnty Planner; County Judge - Court House ; Dawn Hoover; Kim Bass;
Public Defender ; State Attorney
Subject: City of Okeechobee Ord No 1119
Attachments: ord 1119.pdf
Attached you'll find Ordinance No. 1119 amending the LDR's of the Code Book. Please use this as the most recent and
correct language, and make the necessary changes to your code book.
Should you have any questions, please contact me.
���et�n� 100'1ZeanQ!
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE P Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
1
Melisa Jahner
From:
Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent:
Thursday, January 29, 2015 9:06 AM
To:
City -John Cook 2nd
Cc:
City-Melisa Jahner
Subject:
FW: add a motion & vote for Ord 1119
John, the version of ord 1119 that was advertised for PH was incorrect. We've discovered it before sending it out with
the agenda.
To fix this, I've suggested wording the motions like this (whats underlined is added from the normal motion) and of
course, we'll give them both copies.
Is this ok? Is there a better method? Robin's ready to roll w/ it when we hear back from you O
-motion to accept and read by title only the Revised Version of proposed Ord 1119, setting the Final Public Hearing date
as Feb 17, concerning LDR Text Amendment No. 15 -001 -TA.
-vote on motion.
-CA to read the proposed Ord 1119 (Revised Version) by title only.
-motion to approve the first reading of proposed Ord 1119 (Revised Version).
-public comments and discussion.
-vote on motion.
eC&44r4j 1001�eau l
Lane Earnest-Gamiotea, CMC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext 215
863-763-1686 fax
863-697-0345 cell
cityofokeechobee.com
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
Melisa Jahner
From:
Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent:
Thursday, January 29, 2015 8:59 AM
To:
City -Robin Brock
Cc:
City -Brian Whitehall; City-Melisa Jahner
Subject:
add a motion & vote for Ord 1119
I think we can just reword the motions to be like this:
-motion to accept and read by title only the Revised Version of proposed Ord 1119, setting the Final Public Hearing date
as Feb 17, concerning LDR Text Amendment No. 15 -001 -TA.
-vote on motion.
-CA to read the proposed Ord 1119 (Revised Version) by title only.
-motion to approve the first reading of proposed Ord 1119 (Revised Version).
-public comments and discussion.
-vote on motion.
But we'll have to give them both versions in the exhibits since the wrong one is what was advertised.
I can type of a memo or speedy message to go along w/ both ordinances explaining all, if you think it will help? (let me
know if I should or if Brian wants to explain in his activity report???)
Thank you for this; it makes it easier to explain to the mayor & council O
I've sending this to John to make sure we can do it this way but I'm pretty sure it's not going to be an issue.
666 y 10011 eaw/
Lane Earnest-Gamiotea, CMC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3`d Avenue
Okeechobee, FL 34974
863-763-3372 ext 215
863-763-1686 fax
863-697-0345 cell
cityofokeechobee.com
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
Melisa Jahner
From: Wm. F. Brisson <bill@larueplanning.com>
Sent: ;:Friday, January 16, 2015, 9:46 AM
To: 'Patty Burnette'; 'Lane Gamiotea'; 'Melisa Jahner'
Cc: 'Gloria Pellito'
Subject: J Revised Ord. 1119 and associated explanatory memo N,�
Attachments: �; Draft Ord. 1119 Rev2.doc; Explanatory memo rev2.doc�
J
Good Morning,
Attached are Ord. 1119 and the explanatory memo with the two minor changes recommended by the
Planning Board at last night's public hearing. The changes are to the definitions of "Convenience
store with fuel pumps" and "Storefront church". As I understand it Ord. 1119 will be heard at first
reading at the upcoming City Council meeting along with the Lightsey property applications 14 -002 -
SSA and 14-002-R.
Please call if you have any questions.
l3ill
Im
ph,i;ng
!r lR
1
ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, INCLUDING
SECTION 66-1 DEFINITIONS, BY MODIFYING EXISTING DEFINITIONS OR
ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT GAMING
CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CENTER,
AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE
WITH FUEL PUMPS, GROUP HOME, MOTEL, PET GROOMING, RECOVERY
CENTER/SOBER HOME, SERVICES (MECHANICAL AND REPAIR),
STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST,
TEMPORARY PORTABLE STORAGE CONTAINER, AND TEMPORARY USE;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE CLT ZONING DISTRICT; AMENDING
SECTION 90-282 BY ADDING TAXIDERMIST TO THE LIST OF PERMITTED
USES IN THE CHV ZONING DISTRICT; AMENDING SECTION 90-252 BY
ADDING PET GROOMING TO THE LIST OF PERMITTED USES IN THE CLT
ZONIG DISTRICT; AMENDING SECTION 90-282 BY ADDING PET GROOMING
TO THE LIST OF PERMITTED USES IN THE CHV ZONING DISTRICT;
AMENDING ARTICLE IV, DIVISION 9, SPECIAL EXCEPTION AND
SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW SECTION 90-704
ENTITLED PET GROOMING SETTING FORTH REQUIREMENTS FOR PET
GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review
of its ordinances and land development regulations in order to address certain
inconsistencies or outdated regulations contained in the codes; to make
amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the
public and to make the code a more consistent and easier to understand
document; and
WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently
reviewed the Code of Ordinances and Land Development Regulations to
determine areas of improvement; has discussed same at public meetings; and
has recommended certain changes, amendments or modifications to the code to
present to the City Council for ordinance adoption; and
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:
Language to be added is underlined
Language to be deleted is StFUGk thFOU0 Ordinance No. 1119 Page 1 of 5
Section 1.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
66, Section 66-1 to include the following definitions:
Adult gaming center means an establishment that provides consoles, seating or
stations for an individual to participate in video gaming, internet gaming, or other
forms of games of chance where the individual is charged for the use of the video
console or computer game or station and prizes are awarded in any form. This
definition specifically excludes games of skill and entertainment as are typically
found in video and entertainment arcades catering primarily to minors.
Alcohol and drug rehabilitation center/detox center means a facility providing an
active rehabilitation treatment program run throughout the day, where the residents
receive intensive individual and group counseling for their substance abuse.
Residents tvoically stav for one to six months.
Auction house (indoor) means an establishment where objects of art, furniture, and
other goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles. farm and construction eauiament and the like are auctioned.
Convenience store means a retail establishment offering for sale prepackaged food
products_, beverages, household items, newspapers and magazines, sandwiches
and other freshly prepared foods for consumption off the premises.
Convenience store with fuel pumps means a convenience store providing motor
vehicle fuels and which may also stock within the principal structure and offer for
sale prepackaged motor oil and other small prepackaged automotive -related
F.-TOMMMT0591
Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential
homes in excess of six persons under F.S. ch. 419; and such similar facilities as
authorized by law, and for which licensing is first required by law, and for which
licensing is first required by the state department of children and families and/or the
agency for health care administration, or other state or federal agency. This
definition specifically excludes alcohol and drug rehab ilitation/detox centers, and
recovery centers/sober homes.
Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room,
generally with no provisions made for cooking in individual rooms, and which may
have a restaurant and indoor recreation as accessory uses. Recovery
centers/sober homes are not motels.
Pet groominq means an establishment providing for the hygienic care and cleaning
of a domestic pet, usually dogs, cats, and sometimes birds, and includes the
preparation or enhancement of a pet's physical appearance for "showing" or other
types of competition.
Recovery center/sober home means a facility, used by addicts recovering from
substance abuse, which serves as an interim environment between rehab and a
return to their former lives. These facilities provide a safe and supportive place in
which people can live while they are in recovery and are primarily meant to provide
housing for people who have just come out of rehab (or recovery centers) and need
a place to live that is structured and supporting for those in recovery. A recovery
Language to be added is underlined
Language to be deleted is struGlk thrGmo Ordinance No. 1119 Page 2 of 5
center/sober home is not a group home because it is not licensed by a state or
federal agency.
Services, mechanical and repair means establishments including machinery servic-
ing and repair, or service garage, motor vehicle paint and/or body shop, motor
vehicle or trailer rental,yeteF RaFia , nrin�auGt;GR house, salvage and
similar service uses. h
Storefront church, means a very small house of worship located in a one and only
one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units.
Structure, temporary means a structure that is erected without any foundation or
footings and is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent display is undertaken. In
some cases, the actual skin (including the fur, feathers or scales) of the specimen is
preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials."
Temporary portable storage containermeans a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site, it is used as temporary, short-term storage
shelter. It may also be loaded with material and then transported by separate
vehicle to an off-site storage location for longer periods of time."
Use, temporary means an outdoor use or activity which is permitted only for a
limited time such as promotional events, tent sales, charity events, craft or art fairs
car shows, or other similar uses. Temporary uses are subject to specific regulations
and permitting procedures."
Section 2.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-253 by adding "Taxidermist" to the list of
Special exception uses in the CLT zoning district as follows:
Sec. 90-253. Special exception uses ... (19) Taxidermist
Section 3.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Taxidermist" to the list of
Permitted uses in the CHV zoning district as follows:
Sec. 90-282. Permitted Uses, ... (14) Taxidermist
Section 4.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-252 by adding "Pet grooming" to the list of
Permitted uses in the CLT zoning district as follows:
Sec. 90-252. Permitted Uses, ... (6) Pet grooming
Language to be added is underlined
Language to be deleted is StFurk thFGtqh Ordinance No. 1119 Page 3 of 5
Section 5.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Pet grooming" to the list of
Permitted uses in the CHV zoning district as follows:
Sec. 90-282. Permitted Uses, ... (15) Pet grooming
Section 6.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE IV, by adding a new Section 90-704 entitled "Pet grooming"
to read as follows:
Sec. 90-704. Pet aroom
Pet grooming requirements shall be as follows:
(1) Lot and structure requirements shall be as by the district in which the
use is located.
(2) Additional requirements shall be as by the district in which the use is
located.
3) Soecial conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building.
Section 6. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 7. 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 8. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this day of
2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this day of
.2015
James E. Kirk, Mayor
Language to be added is underlined
Language to be deleted is struGk throuo Ordinance No. 1119 Page 4 of 5
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
Language to be deleted is s#Fusk-throuo Ordinance No. 1119 Page 5 of 5
To:
Planning Board
From:
Bill Brisson, AICP
Date:
January 8, 2015
Planning
Management Services, Inc.
Memorandum
Subject: Explanation of items included in Ordinance 1119
Over the past couple years a variety of issues have arisen, most recently interest in opening a
pet grooming business and expanding an existing taxidermy business. Both of these issues
required establishing definitions, recognizing the zoning districts in which they would be allowed,
and, in the instance of pet grooming, establishing supplemental regulations. Since these were
to be considered at the January Planning Board meeting, it was decided that we should also
include other changes to existing definitions or the addition of needed new definitions. Ordin-
ance 1119 incorporates these changes. The following materials provide explanations of why
each new or modified definition is being addressed.
Our introductory comments or other notations are shown in Arial typeface. Existing and pro-
posed LDR text are shown in standard Times Roman typeface. As usual, we identify language
to be deleted in stro k out format and new language is underlined. For ease of reference, pro-
posed definitions have been grouped such that related definitions are addressed at the same in
time in this memorandum time.
1. Adult gaming centers.
While the State Legislature has passed legislation clarifying that certain types of adult
gaming centers are no longer allowed by virtue of their having been declared illegal
gambling establishments, and the proliferation of such establishments seems unlikely,
certain precautions may still need to be taken. In the event businesses are successful in
circumventing the intent of the law, it may be prudent to initiate provisions in the LDRs that
will mitigate unwanted impacts. The first step in this process is to add the following
definition for adult gaming centers.
Adult gaming center means an establishment that provides consoles, seating or stations for
an individual to participate in video gaming, internet gaming, or other forms of games of
chance where the individual is charged for the use of the video console or computer game
or station and prizes are awarded in any form. This definition specifically excludes games
of skill and entertainment as are tonically found in video and entertainment arcades
catering primarily to minors.
Providing Planning and Management Solutions for Local Governments Since 1988
1375 Jackson Street, Suite 206 Fort Myers, FL, 33901 239-334-3366 www.larueplanning.com
2. Convenience store and convenience store with gas pumps
There are no definitions for the above uses. Definitions are needed to differentiate
between the classic auto service station and a convenience store with gas pumps.
Although they still exist, we seldom see new versions of what many of us grew up
to know as the auto service station as it is presently defined in the LDRs. Rather,
new establishments selling gasoline and diesel fuels now almost invariably take
the form of motor fuel pumps (gas and diesel) associated with a convenience
store. Consequently, we need to add definitions for convenience stores and
convenience stores with gasoline and diesel automotive fuel pumps, to differentiate
them from each other and from auto service stations. The following new definitions
are proposed:
a. Convenience store means a retail establishment offering for sale prepackaged food
products, beverages, household items, newspapers and magazines sandwiches and
other freshly prepared foods for consumption off the premises.
b. Convenience store with fuel pumps means a convenience store providing motor
vehicle fuels and which may also stock within the principal structure and offer for
sale prepackaged motor oil and other small prepackaged automotive -related
accessories.
3. Indoor auction house
While out -door auctions are regulated under §90-667, the City has no provision regarding
an in -door auction house as an allowable use.
It is our understanding that in the past a Business Tax Receipt (BTR) has been issued for
an auction house under the category of a retail use. Because an indoor auction house can
be a very intensive use, attracting greater numbers of persons than are normally associ-
ated with a similarly sized conventional retail use, we believe it should be a separate
commercial use unto itself. The following definition is proposed for an indoor auction
house.
Auction house (indoor) means place where objects of art furniture and other
goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles, farm and construction equipment and the like are auctioned
Srn'ing Fluri,la Lucil G�ccrn mrnts .tiuuc I,188
4. Mechanical and repair services, pet grooming, and taxidermist.
City Staff have, on occasion, had to make decisions regarding the permissibility of specific
businesses for which there are no clear definitions or indications as to what use category
the business belongs. In the case of mechanical and repair services portions of the
current definition are inappropriate. We recommend modifying or adding the following
definitions to §66-1 and, in the case of pet grooming and taxidermist, regulatory provisions
are also proposed.-
a.
roposed:
a. Services, mechanical and repair means establishments including machinery servicing
and repair, or service garage, motor vehicle paint and/or body shop, motor vehicle or
trailer rental, , and similar service
uses.
b. Pet grooming means an establishment providing for the hygienic care and cleaning of
a domestic pet, usually dogs, cats, and sometimes birds, and includes the preparation
or enhancement of a pet's physical appearance for "showing" or other types of
competition.
Pet grooming is proposed as a permitted use in Sections. 90-252 and 90-282 (the CLT
and CHV Districts, respectively) and new supplementary regulations for pet
grooming are proposed to be added as follows:
Sec. 90-704. Petrog oming
Petrog oming requirements shall be as follows:
(1) Lot and structure requirements shall be as by the district in which the use is
located.
(2) Additional requirements shall be as by the district in which the use is located.
(3) Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building.
C. Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent display is undertaken. In
some cases, the actual skin (including the fur, feathers or scales) of the specimen is
preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials
Taxidermist establishment is proposed as a Special Exception use in Sec. 90-253
(CLT District) and a Permitted use in Sec. 90-292 (the CHV District).
Serving Florida local Governments Since 1988
5. Motel and Recovery/sober home
There is one motel in town that has been used as a recovery center for persons
after treatment at an alcohol or drug rehabilitation center. Apparently, it was
decided that because a recovery center provides only transient accommodations
without cooking facilities in individual rooms that it qualifies as a motel according to
the current definition. We believe this is not the intent of the definition of a motel
and have proposed the following definitions to clarify that motels and recovery
centers/sober homes are not the same.
a. Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room, generally
with no provisions made for cooking in individual rooms, and which may have a
restaurant and indoor recreation as accessory uses. Recovery centers/sober homes are
not mntA z
b. Recovery center/sober home means a facility, used by addicts recovering from
substance abuse, which serves as an interim environment between rehab and a return
to their former lives. These facilities provide a safe and supportive place in which
people can live while they are in recovery and are primarily meant to provide housing
for people who have just come out of rehab (or recovery centers) and need alap ce to
live that is structured and supporting for those in recovery. A recovery center/sober
home is nota group home because it is not licensed by a state or federal agency.
6. Separate alcohol and drug rehabilitation centers from the general category of
"Group homes."
The City has, in the past, recognized alcohol and drug rehabilitation/detox centers as
falling within the general category of group homes. However, this specific form of a group
home has different characteristics and impacts than other group homes or rehabilitation
centers. Therefore, we suggest modifying the definition of "Group home" to specifically
exclude alcohol and drug rehabilitation/detox centers and to add a new definition for
alcohol and drug rehabilitation/detox center, to read as follows:
a. Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential homes
in excess of six persons under F.S. ch. 419; and such similar facilities as authorized
by law, and for which licensing is first required by law, and for which licensing is
first required by the state department of children and families and/or the agency for
health care administration, or other state or federal agency. This definition speci-
fically excludes alcohol and drug rehab i I itation/detox centers.
Seining Florida Local Governments Since 1988
b. Alcohol and drug rehabilitation center/detox center means a facility providing an
active rehabilitation treatment program run throughout the day, where the residents
receive intensive individual and group counseling for their substance abuse. Resi-
dents typically for one to six months.
7. Storefront church
Ordinance 1070 adopted on January 18, 2011 allows storefront churches. Under the
current definition, a storefront church is "a house of worship located in a unit in a multi -use
commercial building or commercial shopping center." The intent is to provide an alterna-
tive for a very small house of worship that would not need the much greater land area
required for more conventional churches. It was expected that the storefront church would
occupy only one of the units in a multi -use building.
In order to ensure that this intent is clear, we think it prudent to define a storefront church
more specifically to read as follows:
"Storefront church, means a very small house of worship located in a one and only
one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units."
8. Temporary uses and structures
As now written, the regulations are unclear as to the difference between temporary
structures and temporary uses and therefore recommend adding the following new
definitions to Section 66-1:
Structure, temporary, means a structure that is erected without any foundation or
footings and is removed when the designated time period, activity, or use for which
the temnorary structure was erected has ceased.
b. Use, temporary, means an outdoor use or activity which is permitted only for a
limited time such as promotional events, tent sales, charity events, craft or art fairs,
car shows, or other similar uses. Temporary uses are subject to specific regulations
and permitting procedures.
C. Temporary portable storage container, means a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site, it is used as temporary, short-term storage
shelter. It may also be loaded with material and then transported by separate vehicle
to an off-site storage location for longer periods of time.
Serving Fluriila Local Gwemmenrs Since 1988
Melisa Jahner
From: Patty Burnette <pburnette@cityofokeechobee.com>
Sent: Thursday, January 08, 2015 12:35 PM
To: Igamiotea@cityofokeechobee.com; mjahner@cityofokeechobee.com
Subject: FW: Revisions to Ord. 1119 and memo to Planning Board explaining the proposed
amendments to the LDRs
Attachments: Draft Ord. 1119 Rev.doc
Lane and Melisa,
am forwarding the email below from Bill for your information. I draw your attention to 1.b. and the change
he has made. You both may already have caught this error. I didn't attach the second document so should
you need it, just let me know.
Thanks,
Patty
From: Wm. F. Brisson[mailto:billCc�larueplanning.com]
Sent: Thursday, January 08, 2015 11:51 AM
To: 'Patty Burnette'
Cc: 'Gloria Pellito'
Subject: Revisions to Ord. 1119 and memo to Planning Board explaining the proposed amendments to the LDRs
Patty,
Attached are the two MS Word files for the upcoming Planning Board meeting, we recently discussed.
1. A revised version of Ordinance 1119. In case you have changed the ordinance in any way since I last submitted
it, the only changes in this document are:
a. The addition of the ordinance number in the footer.
b. In the last sentence of the definition of "Recovery center/sober home" the 7th word from the end
"licensing" has been replace with the word "it". Therefore the final sentence will now read as follows:
"A recovery center/sober home is not a group home because it is not licensed by a state or federal agency."
2. The second document is a memo to the Planning Board explaining the basis for the proposed changes included in
Ord. 1119.
If you have any questions, please contact me. Good luck with all that you are doing now.
Bill
116mmny,
♦..yriloL f.�lfww.vw.s
{rr fRY
Melisa Jahner
From: Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent: Monday, December 15, 2014 1:57 PM
To: 'Brian Whitehall'; 'Melisa Jahner'
Cc: 'Robin Brock'; 'Patty Burnette'
Subject: RE: Ordinance for LDR text amendments
I haven't had a chance to look at it, Melisa's been reformatting it, -and gave a copy to John to get his review prior to ad in
case he wants to change anything.
Lane.,Et,wn,e,it-o�ia�te� Ct1C
C Uy Clerk Pe -sc vt,ne b A d vLaAi4ircl tc r
City of Okeeelw-bee,
55 Sovthea4t 3' Avefute,
Okee iobee, FL 34974
863-763-3372 ext 215
863 -763 -1686 fax,
863-697-0345 cell
ci tyo fckeechw-Uee: co-lov
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
From: Brian Whitehall (ma iIto: bwhitehall(abcitxofokeechobee.com]
Sent: Monday, December 15, 2014 12:22 PM
To: 'Lane Gamiotea'; 'Melisa Jahner'
Cc: 'Robin Brock'; 'Patty Burnette'
Subject: FW: Ordinance for LDR text amendments
Not hearing anything back from "y'all" so assuming it's all good
bw
From: Brian Whitehall [ma iIto: bwhitehallCaacityofokeechobee.com]
Sent: Wednesday, December 10, 2014 4:03 PM
To: 'City-Melisa Jahner'
Cc: 'Lane Gamiotea'; 'Robin Brock'; 'City -Patty Burnette'; 'Jackie Dunham'
Subject: FW: Ordinance for LDR text amendments
I had the opportunity to speak w/ Bill just a few minutes ago and we reviewed the sample ord, attached. I had looked at
it on Monday and compared it to the old memo he supplied several months ago. Most of the LDR definitions are incl in
this ord, but some aren't, and we discussed later addressing them with another ordinance, which will incl some
additional, less time sensitive definitions.
Having said all that, Lane prepared a timeline in November which appears below, here, and it looks good.
Please note the foLLowing deadlines in order to have these items considered at the Jan 15
PB mtg:
BILL/Brian/John: due Dec 15 - Proposed LDR Text amendment Language needs to include aLL
sections being amended & how.
1
McLisa: Dec 28 & Jan 7 Text Amendment LegaL Ads published in Okee News (deadline is Dec
22).
(the 1St reading cannot be at the Jan 20 Council meeting as the title to ordinance has be
to pubLished at Least 7 days prior)
BILL/John: Jan 20 ordinance to Clerks office for advertisement
McLisa: Jan 25 Text Amendment Ord Display Ad pubLished in Okee News (deadline is Jan 21)
Feb 3 - 1St reading & public hearing on Text Amendment Agenda
McLisa: Feb 11 Text Amendment Ord Display Ad pubLished in Okee News (deadline is Feb 9)
Feb 17 - FinaL reading/adoption & pubLic hearing on Text Amendment Agenda
Thanks
Bw
From: Wm. F. Brisson[mailto:bill(a)larueplanning.com]
Sent: Monday, December 08, 2014 9:21 AM
To: johncook(Pcityofokeechobee.com
Cc: 'Brian Whitehall'; 'Melisa Jahner'
Subject: Ordinance for LDR text amendments
Good Morning John,
Attached is my draft of the ordinance for the LDR text amendments to be considered by the Planning
Board/LPA on January 15, 2014 and possibly to be heard at first reading by the City Council on
January 20th. Please review the draft and make any changes you feel are necessary and forward the
final to me, Melisa, and Brian.
If you have any questions, please call me at 239-204-5283.
Thanks.
Bill
5 & llamg ncn+ sen uo, Lx.
2
Melisa Jahner
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good Morning John,
Wm. F. Brisson <bill@larueplanning.com>
Monday, December 08, 2014 9:21 AM
johncook@cityofokeechobee.com
'Brian Whitehall'; 'Melisa Jahner'
Ordinance for LDR text amendments
Draft Ord. doc
Attached is my draft of the ordinance for the LDR text amendments to be considered by the Planning
Board/LPA on January 15, 2014 and possibly to be heard at first reading by the City Council on
January 20th. Please review the draft and make any changes you feel are necessary and forward the
final to me, Melisa, and Brian.
If you have any questions, please call me at 239-204-5283.
Thanks.
r3ill
r{xnnin;
.f:,�.t SM -1m. F
Wr lis
1
ORDINANCE NO. ????
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, INCLUDING
SECTION 66-1 DEFINITIONS, BY MODIFYING EXISTING DEFINITIONS OR
ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT GAMING
CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CETER,
AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE
WITH FUEL PUMPS, GROUP HOME, MOTEL, PET GROOMING, RECOVERY
CENTER/SOBER HOME, SERVICES (MECHANICAL AND REPAIR),
STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST,
TEMPORARY PORTABLE STORAGE CONTAINER, AND TEMPORARY USE;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE CLT ZONING DISTRICT; AMENDING
SECTION 90-282 BY ADDING TAXIDERMIST TO THE LIST OF PERMITTED
a
USES IN THE CHV ZONING DISTRICT; AMENDING SECTION 90-252 BY
USES IN THE CLr)5a"Q�
eu
1C
ADDING PET GROOMING TO THE LIST OF PERMITTED
ZONIG DISTRICT; AMENDING SECTION 90-282 BY ADDING PET GROOMING
TO THE LIST OF PERMITTED USES IN THE CHV ZONING DISTRICT;
AMENDING ARTICLE IV, DIVISION 9, SPECIAL EXCEPTION AND
SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW SECTION 90-704
ENTITLED PET GROOMING SETTING FORTH REQUIREMENTS FOR PET
GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review
of its ordinances and land development regulations in order to address certain
inconsistencies or outdated regulations contained in the codes; to make
amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the
public and to make the code a more consistent and easier to understand
document; and
WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently
reviewed the Code of Ordinances and Land Development Regulations to
determine areas of improvement; has discussed same at public meetings; and
has recommended certain changes, amendments or modifications to the code to
present to the City Council for ordinance adoption; and
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:
Language to be added is underlined
Language to be deleted is StFUck through Ordinance No. ???? Page 1 of 5
Section 1.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
66, Section 66-1 to include the following definitions:
Adult .gaminq center means an establishment that provides consoles seating or
stations for an individual to participate in video gaming, internet gaming, or other
forms of games of chance where the individual is charged for the use of the video
console or computer game or station and prizes are awarded in any form. This
definition specifically excludes games of skill and entertainment as are typically
found in video and entertainment arcades catering primaries to minors.
Alcohol and drug rehabilitation center/detox center means a facility providing an
active rehabilitation treatment program run throughout the day where the residents
receive intensive individual and group counseling for their substance abuse.
Residents typically stay for one to six months.
Auction house (indoor) means an establishment where objects of artfurniture and
other goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles, farm and construction equipment and the like are auctioned.
Convenience store means a retail establishment offerinq for sale prepackaged food
products, beverages, household items, newspapers and magazines sandwiches
and other freshly prepared foods for consumption off the premises.
Convenience store with fuel pumps means a convenience store providing gasoline
and/or diesel fuel pumps for the fueling of automotive vehicles and which may also
stock within the principal structure and offer for sale prepackaged motor oil and
other small prepackaged automotive -related accessories.
Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential
homes in excess of six persons under F.S. ch. 419; and such similar facilities as
authorized by law, and for which licensing is first required by law, and for which
licensing is first required by the state department of children and families and/orthe
agency for health care administration, or other state or federal agency. This
definition specifically excludes alcohol and drug rehabilitation/detox centers and
recovery centers/sober homes.
Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room,
generally with no provisions made for cooking in individual rooms, and which may
have a restaurant and indoor recreation as accessory uses. Recovery
centers/sober homes are not motels.
Pet groominq means an establishment providing for the hygienic care and cleaning
of a domestic pet, usually dogs cats and sometimes birds and includes the
preparation or enhancement of a pet's physical appearance for "showing" or other
types of competition.
Recovery center/sober home means a facility, used by addicts recovering from
substance abuse, which serves as an interim environment between rehab and a
return to their former lives. These facilities provide a safe and supportive place in
which people can live while they are in recovery and are primarily meant to provide
housing for people who have iust come out of rehab (or recovery centers) and need
a_ place to live that is structured and supporting for those in recovery. A recovery
Language to be added is underlined
Language to be deleted is stru`Gkthre-ujh Ordinance No. ???? Page 2 of 5
center/sober home is not a group home because licensing is not licensed by a state
or federal agency.
Services, mechanical and repair means establishments including machinery servic-
ing and repair, or service garage, motor vehicle paint and/or body shop, motor
vehicle or trailer rental, veteFonariaF prin�allGtmORhouse, salvage yarn and
similar service uses.
Storefront church, means a house of worship located in a one and only one unit in a
multi -use commercial building or a commercial shopping center containing at least
three individual units.
Structure, temporary means a structure that is erected without any foundation or
footings and is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent display is undertaken. In
some cases, the actual skin (including the fur, feathers or scales) of the specimen is
preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials."
Temporary portable storage containermeans a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site, it is used as temporary short-term storage
shelter. It may also be loaded with material and then transported by separate
vehicle to an off-site storage location for longer periods of time."
Use, temporary means an outdoor use or activity which is permitted only for a
limited time such as promotional events, tent sales, charity events, craft or art fairs,
car shows, or other similar uses. Temporary uses are subject to specific regulations
and permitting procedures."
Section 2.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-253 by adding "Taxidermist" to the list of
Special exception uses in the CLT zoning district as follows:
ec. 90-253. Saecial exce
Section 3.
on uses ... (19) Taxidermist
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Taxidermist" to the list of
Permitted uses in the CHV zoning district as follows:
Sec. 90-282. Permitted Uses, ... (14) Taxidermist
Section 4.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-252 by adding "Pet grooming" to the list of
Permitted uses in the CLT zoning district as follows:
Sec. 90-252. Permitted Uses, ... (6) Pet grooming
Language to be added is underlined
Language to be deleted is struGk throtigh Ordinance No. ???? Page 3 of 5
Section 5.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Pet grooming" to the list of
Permitted uses in the CHV zoning district as follows:
Sec. 90-282. Permitted Uses, ... (15) Pet grooming
Section 6.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE IV, by adding a new Section 90-704 entitled "Pet grooming"
to read as follows:
Sec. 90-704. Pet grooming
Pet grooming requirements shall be as follows:
(1) Lot and structure requirements shall be as by the district in which the
use is located.
(2) Additional requirements shall be as by the district in which the use is
Inratarl
(3) Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building.
Section 6. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 7. 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 8. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this day of
2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this day of
, 2015
James E. Kirk, Mayor
Language to be added is underlined
Language to be deleted is StFUGk thrGugh Ordinance No. ???? Page 4 of 5
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
Language to be deleted is stFuGk throuo Ordinance No. ???? Page 5 of 5
Ad &+es +
Melisa Jahner 4 15-DORR M+� d04t c. --
From: Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent: Monday, November 24, 2014 9:41 AM {,
To: 'Brian Whitehall'; 'Jackie Dunham'; 'Patty Burnette'; City -John Cook 2nd
Cc: 'Melisa Jahner'; 'Robin Brock '; 'Brisson, Bill'
Subject: Deadlines for Jan LDR Text Amendments
Please note the following deadlines in order to have these items considered at the Jan 15 PB mtg:
Bill/Brian/John: due Dec 15 — Proposed LDR Text amendment language needs to include all sections being amended &
how.
(the 1St reading cannot be at the Jan 20 Council meeting as the title to ordinance has be to published at least 7 days
prior)
Bill/John: Jan 20 ordinance to Clerks office for advertisement
'*:*,Velisa: Jan 25 Text Amendment Ord Display Ad published in Okee News (deadlin+eris
Feb 3 —1" reading & public hearing on Text Amendment Agenda ko
-
N¢elisa: Feb 11 Text Amendment Ord Display Ad published in Okee News (deapine is Feb 9)
Ft -b 17 — Final reading/adoption & public hearing on Text Amendment Agepcla
Lamin& & ne�ft-64mr ottew, CIVC
City Clerk Pef-soyuizilAdmin vcitor
City of o keecho-lv�e,
55 Soltii;ite st 3' Avonae/
04"Ji,ol>ee, FL 34974
863-763-3372 ext215
863-763-1686 fa xl
863-697-0345 cell
atyo fbkeeC caves
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
From: Brian Whitehall[ma iIto: bwhitehaIKbcityofokeechobee.com]
Sent: Wednesday, November 19, 2014 4:04 PM
To: Jackie Dunham; 'Patty Burnette'
Cc: Lane Gamiotea; Melisa Jahner; Robin Brock ; 'Brisson, Bill'
Subject: FW: Definition of Taxidermy, etc.
As we discussed, the LDR change s/b placed on the January PB meeting agenda (along w/ the Pet grooming definition
and how it's categorized).
I see the planning Board mtg is Jan 15 and the City Council meeting Jan 201H
From: Wm. F. Brisson [mailto:bill@larueplanning.com]
Sent: Wednesday, November 12, 2014 1:48 PM
To: 'Brian Whitehall'; 'Lane Gamiotea'; 'Jackie Dunham'
Cc: 'Gloria Pellito'
Subject: Definition of Taxidermy, etc.
Please see attached memo concerning needed changes to the LDC pertaining to Taxidermy. These
changes will be necessary if the Lightsey SSA and Rezone applications are approved. However,
they should probably be undertaken even in the unlikely event the Lightsey applications are denied.
Bill
U— V Pi—,,SCP
,.
Melisa Jahner
From: Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent: friday, November 14, 2014 2:59 PM
To: City-Melisa Jahner
Subject: FW: Definition of Taxidermy, etc.
Attachments: Memo re Taxidermy def, SE in CLT and Permitted use. CHYdoc
You can use this to start an LDR file on this 1 too (also add the 10/16/14 PB minutes to it)
Zane,EarPtejt-67ayn,6atea; CHIC
CUy ClerWPersov nebAd4i�rato-r
Cay of Me,, habr
55 Sou. hea4t3'Ava4-t,�
Okee 10bee,, FL 34974
863-763-3372 ext215
863-763-1686 fa p
863-697-0345 cell
Cityo fokze,c��. Ccm
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
From: Wm. F. Brisson [mailto:bill@larueplanning.com]
Sent: Wednesday, November 12, 2014 1:48 PM
To: 'Brian Whitehall'; 'Lane Gamiotea'; 'Jackie Dunham'
Cc: 'Gloria Pellito'
Subject: Definition of Taxidermy, etc.
Please see attached memo concerning needed changes to the LDC pertaining to Taxidermy. These
changes will be necessary if the Lightsey SSA and Rezone applications are approved. However,
they should probably be undertaken even in the unlikely event the Lightsey applications are denied.
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Memorandum
To: Brian Whitehall, City Administrator
Lane Gamiotea, City Clerk
Jackie Dunham, General Services
From: Bill Brisson
Date: November 12, 2014
Subject: Taxidermy: definition, listing as SE in CLT District, and as Permitted use in CHV
As a result of the Planning Board's recommendation for approval, of Petitions 14 -002 -SSA and
14-002-R, as modified by the Planning Board, at the October 16th public hearing, it would be
prudent to add a definition for "Taxidermy" to the LDRs and add "Taxidermy" to the list of
Special Exception Uses in the CLT District and to the list of Permitted uses in the CHV District.
Since the City Council public hearings on the above referenced petitions have been postponed
until the January 20th City Council meeting, addressing these two issues could be held at the
December Planning Board meeting or even, if necessary, at the January meeting. In anticipation
of this, following are proposed changes to the LDRs to address these issues:
1. Amend Sec. 66-1, Definitions, of the Land Development Regulations by adding a definition
for "Taxidermy" to read as follows:
"The act of reproducing a life -like three-dimensional representation of an animal for perman-
ent display. In some cases, the actual skin (including the fur, feathers or scales) of the
specimen is preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials."
2. Amend Sec. 90-253, by adding the term "Taxidermy as item (19) to the list of Special
exception uses in the CLT Zoning District.
Amend Sec. 90-282, by adding the term "Taxidermy as item (13) to the list of Permitted uses
in the CHV Zoning District.
I look forward to hearing any comments you may have.
Bill
Providing Planning and Management Solutions for Local Governments Since 1988
_ _ ..._._ _..... - .._... —-...._. _..
1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 infog-Aarueplanning.com
a
MEMO
November 13, 2014
Cc: Brian Whitehall; Kim Barnes; Lane Gamiotea
Re: city code/dog grooming
As we know, this type of business has been an ongoing issue in the City, since it is not
specifically addressed in the zoning ordinances. In the past, we have made exceptions for uses
that do not exactly fit within the code, (see attached letter) but a long term solution would be in
order.
We always begin in the definition section of the LDR's, and personal services are clearly
directed to services performed for people; also, veterinary services are clearly directed to the
examination and treatment of animals. I would not suggest that services at a beauty salon and dog
groomer are so closely related that we could use either one of these categories, so neither one of
these categories will work for us.
My suggestion is to place the item the next planning board meeting, and fashion an
ordinance that creates permitted and special exception uses for dog groomers. Perhaps a
permitted use in light commercial, and special exception use in the same districts as personal
service would be appropriate.
As far as dealing with an applicant for a BTR, the code does state that the zoning
administrator can make the call on whether or not to grant such a use, and an appeal of that
adverse decision would go to the board of adjustments. I do not recall how we came to determine
that the city administrator was also zoning administrator, since it does not appear to be in the
code, so perhaps that should be formalized by the zoning board as well.
Jcook
City Attorney����
February 16, 2010
Salon 822
208 SW 7h Avenue
Okeechobee, Fl. 34972
att:Juanita Jasper
Dear Ms.Jasper:
The City of Okeechobee has permitted your establishment to operate at the above address,
with the primary business being a salon, offering personal services and hairstyling to the public.
At the time of your application, it was determined that the nature of your business did not
exactly fit within zoning regulations under the City's land development code, as the zoning
district in which you operate does not specifically permit your type of business.
We did determine however, that the business you contemplated was not significantly
different from previous establishments in that area, and advised you that we believed we could
permit your business under a broad definition of permitted uses within that zoning district. Based
upon that opinion, you then remodeled the location and spent a sizable amount of money for the
renovation, which we hope will help your business succeed for you.
However, the City does see the need to further define the permitted uses within your
zoning district, which requires an amendment to our land development regulations, through
workshops or meetings with our zoning and planning board, and ultimately, the city council.
Pending that decision, the City places you on notice that your business would be considered a
non -conforming establishment under our codes. This means that you could not materially enlarge
the business; could not sell or assign the business; or sub -lease or rent the business, with that
February 16, 2010
Page 2
same use to any other person or entity. So long as you operate under your current size and scope,
you may continue the business in your name indefmitely. In the interim, if the City does change
the codes to permit your kind of business in that zoning district, then of course you would no
longer be non -conforming, and free to do what you will with the business.
Therefore, we will have you execute an acknowledgment of this letter, indicating you
understand the limitations placed upon the location, and your inability to transfer this business for
the time being. I would suggest you keep in touch and monitor the city council agenda to
determine when we make the changes to the current codes, and call me if you have any questions.
Kindest Regards,
John R. Cook
City Attorney
JRC/klmAcknowledged: JUATIITA JASPER
Date:
cc: Brian Whitehall
Kim Barnes
FEBRUARY 17, 2015 - REGULAR MEETING - PAGE 2 OF 6
11 AGENDA III COUNCIL ACTION - DISCUSSION - V II
V. MINUTES CONTINUED
A. Motion to dispense with the reading and approve the Summary of
Council Action for the for the February 3, 2015, Regular Meeting
continued.
VI. WARRANT REGISTER - City Administrator
A. Motion to approve the January 2015 Warrant Registers:
General Fund .................................$17,517.56
Capital Improvement Projects Fund ................ $ 3,775.10
Appropriations Grant Fund ....................... $ 1,125.00
Law Enforcement Special Fund ................... $ 50.00
VII. CENTENNIAL UPDATE
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor
A.1. a) Motion to read by title only, proposed Ordinance No. 1119, concerning
Land Development Regulations Text Amendment No. 15 -001 -TA- City
Planning Consultant (Exhibit 2). (Planning Board recommends
approval).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1119 by title only
KIRK - YEA
RITTER - YEA
CHANDLER - YEA O'CONNOR - YEA
WATFORD - YEA MOTION CARRIED.
Motion and second by Council Members Watford and Chandler to approve the January 2015 Warrant Registers in the
amounts: General Fund, seventeen thousand, five hundred seventeen dollars and fifty-six cents ($17,517.56); Capital
Improvement Projects Fund, three thousand, seven hundred seventy-five dollars and ten cents ($3,775.10);
Appropriations Grant Fund, one thousand, one hundred twenty-five dollars ($1,125.00); and Law Enforcement Special
Fund, fifty dollars ($50.00). There was no discussion.
KIRK - YEA CHANDLER - YEA O'CONNOR - YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
Due to Mr. Mixon not being in attendance, Mayor Kirk moved forward with the agenda, noting he would come back
to the item after the public hearing.
MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M.
Motion and second by Council Members O'Connor and Chandler to read by title only, proposed Ordinance No. 1119,
concerning Land Development Regulations Text Amendment No. 15 -001 -TA,
KIRK -YEA CHANDLER -YEA O'CONNOR-YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1119, by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES,
SUBPART B -LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66-1 OF CHAPTER 66 -GENERAL
PROVISIONS BY MODIFYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS FOR THE (continued)
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED
A.1. c) City Attorney to read proposed Ordinance No. 1119 by title only
continued.
2. a) Motion to adopt proposed Ordinance No. 1119.
b) Public discussion and comments.
c) Vote on motion.
FEBRUARY 11, LU15 - KEGULAR MEETING - NAGE S OF ti
FOR THE FOLLOWING TERMS: ADULT GAMING CENTER, ALCOHOL AND DRUG REHABILITATION
CENTER/DETOXCENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE WITH
FUEL PUMPS, GROUP HOME, MOTEL, PET GROOMING, RECOVERY CENTERISOBER HOME, SERVICES
(MECHANICAL AND REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST,
TEMPORARY PORTABLE STORAGE CONTAINER, AND TEMPORARY USE, PROVIDING FOR AMENDMENTS
TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7 AND 8;
AMENDING SECTION 90-252 BYADDING PET GROOMING TO THE LIST OF PERMITTED USES IN THE LIGHT
COMMERCIAL ZONING DISTRICT, AMENDING SECTION 90-253 BYADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL ZONING DISTRICT; AMENDING SECTION 90-282
BY ADDING TAXIDERMIST AND PET GROOMING TO THE LIST OF PERMITTED USES IN THE HEAVY
COMMERCIAL ZONING DISTRICT, PROVIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV -
SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9 -SPECIAL EXCEPTIONAND SUPPLEMENTAL USE
REGULATIONS BY ADDING A NEW SECTION 90-704 ENTITLED PET GROOMING, SETTING FORTH
REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1119.
Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member
O'Connor asked for clarification of Section Three, relating to uses of a Private club or night club, and whether adult
entertainment would be considered under this definition. Attorney Cook answered, an adult entertainment club is
restricted to only be permitted within the Industrial Zoning District and requires a Special Exception. The ordinance
was discussed with Planner Brisson in detail at the first reading, February 3, 2015.
KIRK - YEA
RITTER - YEA
CHANDLER -YEA O'CONNOR-YEA
WATFORD - YEA MOTION CARRIED,
CLOSE PUBLIC HEARING - Mayor Ili MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:10 P.M.
361
r
Exhibit,2
ORDINANCE NO. 1119 Feb 17, 2015
uFFREVISED VERSION -6a
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR
AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES, SUBPART B-
LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66-1 OF
CHAPTER 66 -GENERAL PROVISIONS BY MODIFYING EXISTING DEFINITIONS
OR ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT
GAMING CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX
CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE,
CONVENIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (MECHANICAL
AND REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE,
TAXIDERMIST, TEMPORARY PORTABLE STORAGE CONTAINER, AND
TEMPORARY USE; PROVIDING FORAMENDMENTS TO CHAPTER 90 -ZONING,
ARTICLE 111 -DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7 AND 8;
AMENDING SECTION 90-252 OF BYADDING PET GROOMING TO THE LIST OF
PERMITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-282 BYADDING TAXIDERMIST AND PET GROOMING
TO THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL ZONING
DISTRICT; PROVIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV -
SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9 -SPECIAL
EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW
SECTION 90-704 ENTITLED PET GROOMING, SETTING FORTH
REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number
716, as amended, known as the Land Development Regulations; and
WHEREAS the City of Okeechobee, Florida, has a legitimate interest in periodic review of its
ordinances and land development regulations in order to address certain inconsistencies
or outdated regulations contained in the codes; to make amendments to meet changing
community standards, orto accommodate new development; and to create new ordinance
or regulation to better serve the public and to make the code a more consistent and easier
to understand document; and
WHEREAS, Staff and the Planning Board, acting as the Local Planning Agency, reviewed and
discussed the proposed amendments, at a duly advertised Public Hearing held on January
15, 2015, and based on findings of fact by the Planning Staff, hereby recommends certain
changes, amendments or modifications to the Code of Ordinances and Land Development
Regulations, to present to the City Council for ordinance adoption and codification; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the
recommendations by the Planning Board and concludes that enacting such amendments
to be in the best interest of its citizens of said City, that said amendments are necessary
and appropriate to make the Land Development Regulations 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:
Language to be added is underlined
Language to be deleted is stmek-ihiough Ordinance No. 1119 - Page 1 of 5
0
SECTION 1: Amendment and Adoption to Section 66-1.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 66 -
General Provisions, Section 66-1 to include and amend the following definitions:
Adult gaming center means an establishment that provides consoles seating or
stations for an individual to participate in video gaming, internet gaming or other
forms of games of chance where the individual is charged for the use of the video
console or computer game or station and prizes are awarded in any form This
definition specifically excludes games of skill and entertainment as are typically
found in video and entertainment arcades catering primarily to minors
Alcohol and drug rehabilitation center/detox center means a facility providing an
active rehabilitation treatment program run throughoutthe day, where the residents
receive intensive individual and group counseling for their substance abuse
Residents typically stay for one to six months
Auction house (indoor) means an establishment where objects of art furniture and
other goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles farm and construction equipment and the like are auctioned
Convenience store means a retail establishment offering for sale prepackaged food
products beverages household items newspapers and magazines sandwiches
and other freshly prepared foods for consumption off the premises
Convenience store with fuel pumps means a convenience store providing motor
vehicle fules and which may also stock within the principal structure and offer for
sale prepackaged motor oil and other small prepackaged automotive related
accessories.
Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential
homes in excess of six persons under F.S. ch. 419; and such similar facilities as
authorized by law, and for which licensing is first required by law, and for which
licensing is first required by the state department of children and families and/orthe
agency for health care administration, or other state or federal agency. This
definition specifically excludes alcohol and drug rehabilitation/detox centers and
recovery centers/sober homes
Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room,
generally with no provisions made for cooking in individual rooms, and which may
have a restaurant and indoor recreation as accessory uses. Recovery centers/sober
homes are not motels.
Pei _grooming means an establishment providing for the hygienic care and cleaning
of a domestic pet usually doos cats and sometimes birds and includes the
preparation or enhancement of a pet's physical appearance for "showing" or other
types of competition.
Recovery center/sober home means a facility used by addicts recovering from
substance abuse which serves as an interim environment between rehabilitation
and a return to their former lives These facilities provide a safe and supportive
olace in which people can live while they are in recovery and are primarily meant to
orovlde housing for people who have just come out of rehabilitation (or recovery
centers) and need a place to live that is structured and supporting for those in
recovery. A recovery center/sober home is not a group home because it is not
licensed by a state or federal agency.
Language to be added is underlined
Language to be deleted is struek tf orrgb Ordinance No. 1119 - Page 2 of 5
t.
e
Services, mechanical and repair means establishments including machinery
servicing and repair, or service garage, motor vehicle paint and/or body shop, motor
vehicle or trailer rental, veteftRatiaft, pf-i=ftter; arretie» ► and
similar service uses.
Storefront church, means a very small house of worship located in a one and only
one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units.
Structure, temporary means a structure that is erected without any foundation or
footings and is removed when the designated time period activity or use for which
the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent displav is undertaken In
some cases, the actual skin (including the fur, feathers or scales) of the specimen
is preserved and mounted over an artificial body. In other cases the specimen is
reproduced completely with man-made materials."
Temporarynortab/e storage containermeans a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site. it is used as temporary short-term storage
shelter. It may also be loaded with material and then transported by separate
vehicle to an off-site storage location for longer periods of time_"
Use, temporary means an outdoor use or activity which is permitted only for a
limited time such as promotional events tent sales charity events craft or art fairs
car shows, or other similar uses. Temporary uses are subiectto specific regulations
and permitting procedures."
SECTION 2: Amendment and Adoption to Section 90-252.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 7 -Light Commercial
District, Section 90-252 Permitted Uses to expand the list of uses to include Pet
Grooming as follows:
The following principal uses and structures are permitted in the CLT district:
(1) Professional office, business office, medical office.
(2) Retail store, retail store.
(3) Personal service.
(4) Craft Studio
(5) Storefront church located in a unit in a multi -use building or shopping center.
Pet grooming
SECTION 3: Amendment and Adoption to Section 90-253.
/That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 7 -Light Commercial
District, Section 90-253 Special Exception Uses to expand the list of uses to include
Taxidermist as follows:
The following uses and structures are permitted in the CLT district after issuance
fo a special exception use petition and may have additional conditions imposed at
the time of approval:
(1) Restaurant, take-out restaurant, cafe.
(2) Dry cleaner/laundry, Laundromat.
�-� (3)—Private club, night club.
(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.
Language to be added is underlined
Language to be deleted is sttuek-fltrottg}t Ordinance No. 1119 - Page 3 of 5
(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.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S.
426.02(5).
(18) Nursing home.
(19) Taxidermist.
SECTION 4: Amendment and Adoption to Section 90-282.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 8 -Heavy Commercial
District, Section 90-282 Permitted Uses, by expanding the list of uses to include
Taxidermist and Pet Grooming as follows:
The following principal uses and structures are permitted in the CHV district:
(1) Professional office, business office, medical office.
(2) Retail service, retail store including out -door display of merchandise.
(3) Restaurant, take-out restaurant, caf6.
(4) Personal service.
(5) Dry cleaner/laundry, laundromat.
(6) Funeral home.
(7) Hotel, motel.
(8) Private club, night club.
(9) Craft Studio
(10) Business school.
(11) Commercial indoor recreation.
(12) Commercial parking garage or lot, taxistand, bus terminal.
(13) Storefront church located in a unit in a multi -use building or shopping center.
14 Taxidermist.
(15) Pet ®rooming.
SECTION 5. Amendment and Adoption to Section 90-704.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article IV -Supplementary District Regulations, Division 9 -Special Exception
and Supplemental Use Regulations, by adding a new section to read as follows:
Section. 90-704 Pet grooming requirements
Pet grooming requirements shall be as follows:
Lot and structure requirements shall be as by the district in which the
use is located.
Q Additional requirements shall be as by the district in which the use is
located.
fal Special conditions and limitations
a. No pets shall be kept on the premises overnight
b. Pets shall at all times be kept within the principal building.
SECTION 6: Conflicts.
That all laws or ordinances in conflictwith any provision of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 7: Severability.
That should any section, paragraph, sentence, clause, phrase, word, definition, or
any other item contained in this is for any reason held by the Court to be
unconstitutional, inoperative, void or otherwise invalid, the balance shall remain in
effect and such holding shall not affect the remainder of this ordinance.
Language to be added is underlined
Language to be deleted is Ordinance No. 1119 - Page 4 of 5
f
SECTION 8: Effective Date.
That this ordinance shall become effective immediately upon its passage.
INTRODUCED at a Public Hearing for First Reading, and set for Final Public Hearing on this 3rd
day of February, 2015.
ATTEST: James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 17" day of
February, 2015.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Language to be added is underlined
Language to be deleted is strnek th Ordinance No. 1119 - Page 5 of 5
JANUARY 15, 2015 - PLANNING BOARD - PAGE 7 OF 6
I AGENDA ACTION - DISCUSSION - VOTE
VI. PUBLIC HEARING CONTINUED.
A. 5, a) Consideration of a recommendation to the City Council to approve or A motion and second was offered by Members McCoy and McCreary to recommend the City Council approve
deny application. LDR Text Amendment Application No. 15-001 -TA, as presented in the Planner's Memorandum dated January 8, 2015
with corrections to two definitions to read as follows; Convenience store with fuel pumps means a convenience store
providing motor vehicle fuels and which may also stock within the principal structure and offer for sale prepackaged
motor oil and other small prepackaged automotive -related accessories and "Storefront church, means a very small
house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units."
b) Board discussion.
c) Vote on motion.
Chairperson Hoover asked whether there was any further discussion. There was none.
HOOVER - YEA BAUGHMAN-YEA BRASS - YEA CREASMAN - YEA JONASSAINT - YEA
MCCOY - YEA MCCREARY - YEA BATTON - NIA KEEFE - NIA MOTION CARRIED.
CLOSE PUBLIC HEARING - Chairperson. I CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:54 P.M.
,NDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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
in the matter of
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 Ukeechobee 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.
Katrina Elsken
Sworn to and ubscribed before me this
C L day of jgu.�-O. e s AD
Notary Public, State of Florida at Large
AME BRIDGES
MY COMMISSION A EE 177653
EXPIRES: April 20, 2016
Bonded Thru Notary Public Underwriters
�-
Okeechobee News Ft(.O-
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
NOTICE OF PROPOSET
DEVELOPMENT REGU]
AMENDMENTS
PUBLIC NOTICE: the City Council of the City of
Tues, Feb 17, 2015, at 6:00 PM, or as soon thereaf
55 SE 3rd Ave, Okeechobee, FL, conduct a Public l
Reading for adoption of the following Ordinance in
DINANCE OF THE CITY OF OKEECHOBEE, It
FOR AMENDMENTS TO PART II OF THE CC
SUBPART B -LAND DEVELOPMENT REGUL
SECTION 66-1 OF CHAPTER 66 -GENERAL P
IFYING EXISTING DEFINITIONS OR ADDIN
FOR THE FOLLOWING TERMS: ADULT GAIN
HOL AND DRUG REHABILITATION CENT
AUCTION HOUSE (INDOOR), CONVENIEP
NIENCE STORE WITH FUEL PUMPS, GROUT
GROOMING, RECOVERY CENTERISOBER H
CHANICAL AND REPAIR), STOREFRONT CI
STRUCTURE, TAXIDERMIST, TEMPORARY
CONTAINER, AND TEMPORARY USE; PRO`
MENTS TO CHAPTER 90 -ZONING, ARTICLI
DISTRICT REGULATIONS DIVISIONS 7 ANI
TION 90-252 BY ADDING PET GROOMING I
MITTED USES IN THE LIGHT COMMERCIA]
AMENDING SECTION 90-253 BY ADDING T1
LIST OF SPECIAL EXCEPTION USES IN THE l
ZONING DISTRICT; AMENDING SECTION
TAXIDERMIST AND PET GROOMING TO T:
TED USES IN THE HEAVY COMMERCIAL ZOr
VIDING FOR AMENDMENTS TO CHAPTER
PLEMENTARY DISTRICT REGULATIONS, I
EXCEPTION AND SUPPLEMENTAL USE REG
ING A NEW SECTION 90-704 ENTITLED PET G
FORTH REQUIREMENTS FOR PET GROOMIN
v PROVIDING FOR CONFLICTS; PROVIDING
AND PROVIDING FOR AN EFFECTIVE DATE.
l.�
The proposed amendment may be viewed on the wf
com, or at the Office of the City Clerk, during norm
Fri, 8 AM -4:30 PM, at the address above.
ANY PERSON DECIDING TO APPEAL any dec
Council with respect to any matter considered at tl
ensure a verbatim record of the proceeding is made
the testimony and evidence upon which the appeal
NOTICE OF PROPOSED LAND
DEVELOPMENT REGULATION
AMENDMENTS
PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on
-:rte i Wit. t3t� PM,
of as soon thereafter possible, at City Hall,
55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider Final
Reading for adoption of the following Ordinance into law: No. 1119: AN OR-
DINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING
FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES,
SUBPART B -LAND DEVELOPMENT REGULATIONS; AMENDING
SECTION 66-1 OF CHAPTER 66 -GENERAL PROVISIONS BY MOD-
IFYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS
FOR THE FOLLOWING TERMS: ADULT GAMING CENTER, ALCO-
HOL AND DRUG REHABILITATION CENTER/DETOX CENTER,
AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVE-
NIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (ME-
CHANICAL AND REPAIR), STOREFRONT CHURCH, TEMPORARY
STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE STORAGE
CONTAINER, AND TEMPORARY USE; PROVIDING FOR AMEND-
MENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICTS AND
DISTRICT REGULATIONS DIVISIONS 7 AND 8; AMENDING SEC-
TION 90-252 BY ADDING PET GROOMING TO THE LIST OF PER-
MITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE
LIST OF SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL
ZONING DISTRICT; AMENDING SECTION 90-282 BY ADDING
TAXIDERMIST AND PET GROOMING TO THE LIST OF PERMIT-
TED USES IN THE HEAVY COMMERCIAL ZONING DISTRICT; PRO-
VIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV -SUP-
PLEMENTARY DISTRICT REGULATIONS, DIVISION 9 -SPECIAL
EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADD-
ING A NEW SECTION 90-704 ENTITLED PET GROOMING, SETTING
FORTH REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
The proposed amendment may be viewed on the website, cityofokeechobee.
com, or at the Office of the City Clerk, during normal business hours, Mon -
Fri, 8 AM -4:30 PM, at the address above.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
ticipate in this proceeding, contact the City Clerk's Office no later than two
business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Council in support or opposition to any item on the agenda; a
copy of the document, picture, video, or item MUST be provided to the City
Clerk for the City's records.
Published by: Lane Gamiotea, CMC, City Clerk
Okeechobee News, February 8, 2015
FLI e ` ' t �✓ FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 4 OF 7 355
AGENDA
VI, PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED
A. 2. b) Public discussion and comments on proposed Ordinance No. 1118
continued.
c) Vote on motion.
COUNCIL ACTION - DISCUSSION - VOTE
Council noted their appreciation to Mr. Brisson and his recommendation of denial as a Planner. However, as noted
at the first reading, the area is suitable for this rezoning. Mayor Kirk asked whether there were any comments from
the public. There were none.
KIRK - YEA CHANDLER - YEA O'CONNOR - YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
B.1. a) Motion to accept and read by title only, the Revised Version of Motion and second by Council Members Watford and Ritter to accept and read by title only, the Revised Version of
proposed Ordinance No. 1119, setting the Final Public Hearing date as proposed Ordinance No. 1119, setting the Final Public Hearing date as February 17, 2015, concerning Land
February 17, 2015, concerning LDR Text Amendment No. 15 -001 -TA Development Regulation Text Amendment No. 15 -001 -TA
City Planning Consultant (Exhibit 2).
b) Vote on motion to accept and read by title only, and set final public VOTE
hearing date. KIRK - YEA CHANDLER - YEA O'CONNOR - YEA
BITTER - YEA WATFORD - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 1119 (Revised Version Attorney Cook read proposed Ordinance No. 1119 (revised version), by title only as follows: "AN ORDINANCE OF
by title only. THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF
ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66-1 OFCHAPTER 66 -
GENERAL PROVISIONS BY MODIFYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS FOR THE
FOLLOWING TERMS: ADULT GAMING CENTER, ALCOHOL AND DRUG REHABILITATION CENTEWDETOX
CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE WITH FUEL PUMPS,
GROUP HOME, MOTEL, PET GROOMING, RECOVERY CENTERISOBER HOME, SERVICES (MECHANICAL AND
REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE
STORAGE CONTAINER, AND TEMPORARY USE; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING,
ARTICLE III -DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7AND 8; AMENDING SECTION 90-252 OFBY
ADDING PET GROOMING TO THE LIST OFPERMITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT,
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF SPECIAL EXCEPTION USES IN THE
LIGHT COMMERCIAL ZONING DISTRICT;AMENDING SECTION 90-282 BY ADDING TAXIDERMIST AND PET
GROOMING TO THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL ZONING DISTRICT, PROVIDING
FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV -SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9 -
SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW SECTION 90-704
ENTITLED PET GROOMING, SETTING FORTH REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE."
356 FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 5 OF 7
AGENDA
COUNCIL ACTION - DISCUSSION - VOTE
VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED
B. 2. a) Motion to approve the first reading of proposed Ordinance No. 1119
Motion and second by Council Members O'Connor and Ritter to approve the first reading of proposed Ordinance No.
(Revised Version).
1119 (revised version).
b) Public discussion and comments.
Mr. Brisson commented these amendments had been on standby over the past year. Council Member Watford
questioned whether there were regulations already in place to address Recovery Center/Sober Homes. Mr. Brisson
answered, currently there are no regulations. However, it would be addressed immediately once the definition is
added and approved. Mayor Kirk asked whether there were any comments from the public. There were none.
c) Vote on motion.
VOTE
KIRK - YEA CHANDLER - YEA O'CONNOR - YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
CLOSE PUBLIC HEARING - Mayor
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M.
VII. NEW BUSINESS
A. Consider a Technical Review Committee parking reduction
Council Member Watford moved to approve a 43 percent parking reduction (eight spaces) for Dunkin Donuts Site Plan
No. 14 -005 -TRC, submitted by Albert Zakhary of PMA of Okeechobee, Inc., (for Lots 7 to 9 of Block 153, City of
recommendation regarding Application No. 14 -005 -TRC, submitted by
Okeechobee Plat Book 5 Page 5 Okeechobee County Public Records), to utilize five parking spaces along the East
Albert Zakhary, PMA Okeechobee, Inc. - Steven L. Dobbs, Engineering
side of Northeast 2nd Avenue, with the 17 off-street spaces as recommended by the Technical Review Committee
Consultant (Exhibit 3).
(TRC), further that the owner may request additional parking reductions directly to the City Council for any expansion
or improvements that would result in additional parking requirements: seconded by Council Member O'Connor.
The motion came after a lengthy discussion involving the Mayor, Council, Administrator Whitehall, Planner Brisson,
Mr. Steve Dobbs (Project Engineer) and Mr. Zakhary. The owner obtained a Special Exception (No. 14 -001 -SE), in
May of 2014 to allow a drive-through service at this site. Then on July 17, 2014, the Site Plan (No. 14 -003 -TRC) was
approved with multiple conditions relating to ingress/egress, parking and based on using only 1,000 square feet (SF)
for the coffee shop with the remaining 4,000 SF for storage. That plan required 17 off-street spaces.
The applicant submitted a second Site Plan (No. 14 -005 -TRC) and obtained approval with a recommendation for the
parking reduction. This plan proposes a 2,000 SF restaurant, 400 SF office, 300 SF play room and 2,300 SF storage.
This will require 30 off-street parking spaces, the site has 17. Mr. Dobbs was successful in convincing the TRC to
approve the plan based on the traffic study, using 15 parking spaces along Northeast 2nd Avenue, and the fact that
the owner could request up to an 80 percent parking reduction based on the Commercial Business District zoning. In
regards to the 15 spaces, five are on the west side, 10 are on the east -side with five of those being next to the subject
property (Lot 7). The owner further agreed to absorb the cost to have all these spaces striped for angled parking.
ANDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Okeechobee News 4 6-001 - TA -
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee, ra
in Okeechobee County, Florida, that the attached copy of
advertisement being a
in the matter of
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
a s I `y -
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.
Katrina Elsken
Sworn to arld subscribed before me this
4 day of 0 ! _AD
Notary Public, Stay of Florida at Large
�A
ANGIE BRIDGES
a
MY COMMISSION # EE 177653
EXPIRES: April 20,
'oF' :V Bonded
2016
Thru Notary Public Underwrders
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NOTICE OF PROPOSED LAND
DEVELOPMENT REGULATION
AMENDMENT
PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will
on Tues, Feb 3, 2015, at 6:0f PM, or as soon thereafter possible, at City
Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to con-
sider First Reading for adoption of the following Ordinance into law: No.
1119: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLOR-
IDA PROVIDING FOR AMENDMENT TO PART II OF THE CODE
OF ORDINANCES SUBPART B THE LAND DEVELOPMENT REG-
ULATIONS, INCLUDING SECTION 66-1 DEFINITIONS, BY MODI-
FYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS
FOR THE FOLLOWING TERMS: ADULT GAMING CENTER, ALCO-
HOL AND DRUG REHABILITATION CENTER/DETOX CENTER,
AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVE-
NIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (ME-
CHANICAL AND REPAIR), STOREFRONT CHURCH, TEMPORARY
STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE STORAGE
CONTAINER, AND TEMPORARY USE; AMENDING SECTION 90-
253 BY ADDING TAXIDERMIST TO THE LIST OF SPECIAL EXCEP-
TION USES IN THE CLT ZONING DISTRICT; AMENDING SECTION
90-282 BY ADDING TAXIDERMIST TO THE LIST OF PERMITTED
USES IN THE CHV ZONING DISTRICT; AMENDING SECTION 90-
252 BY ADDING PET GROOMING TO THE LIST OF PERMITTED
USES IN THE CLT ZONING DISTRICT; AMENDING SECTION 90-
282 BY ADDING PET GROOMING TO THE LIST OF PERMITTED
USES IN THE CHV ZONING DISTRICT; AMENDING ARTICLE IV,
DIVISION 9, SPECIAL EXCEPTION AND SUPPLEMENTAL USE
REGULATIONS BY ADDING A NEW SECTION 90-704 ENTITLED
PET GROOMING; SETTING FORTH REQUIREMENTS FOR PET
GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS
AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The proposed amendment maybe viewed on the website, cityofokeechobee.
com, or at the Office of the City Clerk, during normal business hours, Mon -
Fri, 8 AM -4:30 PM, at the address above.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with
a disability as defined by the ADA, that needs special accommodation to
participate in this proceeding, contact the City Clerk's Office no later than
two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, vid-
eo or items to the Council in support or opposition to any item on
the agenda; a copy of the document, picture, video, or item MUST be
provided to the City Clerk for the City's records.
Published by: Lane Gamiotea, CMC, City Clerk
Published 1-25-2015, Okeechobee News
Exhibit 2
ORDINANCE N0. 1119 Feb 3, 2015
L'�Y REVISED VERSION
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR
AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES, SUBPART B-
LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66-1 OF
CHAPTER 66 -GENERAL PROVISIONS BY MODIFYING EXISTING DEFINITIONS
OR ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT
GAMING CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX
CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE,
CONVENIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (MECHANICAL
AND REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE,
TAXIDERMIST, TEMPORARY PORTABLE STORAGE CONTAINER, AND
TEMPORARY USE; PROVIDING FORAMENDMENTS TO CHAPTER 90 -ZONING,
ARTICLE 111 -DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7 AND 8;
AMENDING SECTION 90-252113YADDING PETGROOMING TO THE LIST OF
PERMITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;
AMENDING SECTION 90-282 BY ADDING TAXIDERMIST AND PET GROOMING
TO THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL ZONING
DISTRICT; PROVIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV -
SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9 -SPECIAL
EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW
SECTION 90-704 ENTITLED PET GROOMING, SETTING FORTH
REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number
716, as amended, known as the Land Development Regulations; and
WHEREAS the City of Okeechobee, Florida, has a legitimate interest in periodic review of its
ordinances and land development regulations in order to address certain inconsistencies
or outdated regulations contained in the codes; to make amendments to meet changing
community standards, or to accommodate newdevelopment; and to create new ordinance
or regulation to better serve the public and to make the code a more consistent and easier
to understand document; and
WHEREAS, Staff and the Planning Board, acting as the Local Planning Agency, reviewed and
discussed the proposed amendments, at a duly advertised Public Hearing held on January
15, 2015, and based on findings of fact by the Planning Staff, hereby recommends certain
changes, amendments or modifications to the Code of Ordinances and Land Development
Regulations, to present to the City Council for ordinance adoption and codification; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the
recommendations by the Planning Board and concludes that enacting such amendments
to be in the best interest of its citizens of said City, that said amendments are necessary
and appropriate to make the Land Development Regulations 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:
Language to be added is underlined
Language to be deleted is stru t#+rough Ordinance No. 1119 - Page 1 of 5
SECTION 1: Amendment and Adoption to Section 66-1.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 66 -
General Provisions, Section 66-1 to include and amend the following definitions:
Adult -gaming center means an establishment that provides consoles, seating or
stations for an individual to participate in video gaming, internet gaming, or other
forms of games of chance where the individual is charged for the use of the video
console or computer game or station and prizes are awarded in any form. This
definition specifically excludes games of skill and entertainment as are typically
found in video and entertainment arcades catering primarily to minors.
Alcohol and drug rehabilitation center/detox center means a facility providing an
active rehabilitation treatment program run throughout the day, where the residents
receive intensive individual and group counseling for their substance abuse.
Residents typically stay for one to six months.
Auction house (indoor) means an establishment where objects of art, furniture, and
other goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles, farm and construction equipment and the like are auctioned.
Convenience store means a retail establishment offering for sale prepackaged food
products, beverages, household items, newspapers and magazines, sandwiches
and other freshly prepared foods for consumption off the premises.
Convenience store with fuel pumps means a convenience store providing motor
vehicle fules, and which may also stock within the principal structure and offer for
sale prepackaged motor oil and other small prepackaged automotive -related
accessories.
Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential
homes in excess of six persons under F.S. ch. 419; and such similar facilities as
authorized by law, and for which licensing is first required by law, and for which
licensing is first required by the state department of children and families and/orthe
agency for health care administration, or other state or federal agency. This
definition specifically excludes alcohol and drug rehab il itatio n/detox centers, and
recovery centers/sober homes.
Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room,
generally with no provisions made for cooking in individual rooms, and which may
have a restaurant and indoor recreation as accessory uses. Recovery centers/sober
homes are not motels.
Pet grooming means an establishment providing for the hygienic care and cleaning
of a domestic pet, usually dogs, cats, and sometimes birds, and includes the
preparation or enhancement of a pet's physical appearance for "showing" or other
types of competition.
Recovery center/sober home means a facility, used by addicts recovering from
substance abuse which serves as an interim environment between rehabilitation
and a return to their former lives. These facilities provide a safe and supportive
place in which people can live while they are in recovery and are primarily meant to
provide housing for people who have just come out of rehabilitation (or recovery
centers) and need a place to live that is structured and supporting for those in
recovery. A recovery center/sober home is not a group home because it is not
licensed by a state or federal agency.
Language to be added is underlined
Language to be deleted is dough Ordinance No. 1119 - Page 2 of 5
Services, mechanical and repair means establishments including machinery
servicing and repair, or service garage, motor vehicle paint and/or body shop, motor
vehicle or trailer rental, veterinarian, printef, atietion house, salvage yard, and
similar service uses.
Storefront church, means a very small house of worship located in a one and only
one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units.
Structure, temporary means a structure that is erected without any foundation or
footings and is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent display is undertaken. In
some cases, the actual skin (including the fur, feathers or scales) of the specimen
is preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials."
Temporary portable storage containermeans a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site, it is used as temporary, short-term storage
shelter. It may also be loaded with material and then transported by separate
vehicle to an off-site storage location for longer periods of time."
Use, temporary means an outdoor use or activity which is permitted only for a
limited time such as promotional events, tent sales, charity events, craft or art fairs,
car shows, or other similar uses. Temporary uses are subject to specific regulations
and permitting procedures."
SECTION 2: Amendment and Adoption to Section 90-252.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 7 -Light Commercial
District, Section 90-252 Permitted Uses to expand the list of uses to include Pet
Grooming as follows:
The following principal uses and structures are permitted in the CLT district:
(1) Professional office, business office, medical office.
(2) Retail store, retail store.
(3) Personal service.
(4) Craft Studio
(5) Storefront church located in a unit in a multi -use building or shopping center.
u Pet grooming
SECTION 3: Amendment and Adoption to Section 90-253.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 7 -Light Commercial
District, Section 90-253 Special Exception Uses to expand the list of uses to include
Taxidermist as follows:
The following uses and structures are permitted in the CLT district after issuance
fo a special exception use petition and may have additional conditions imposed at
the time of approval:
(1) Restaurant, take-out restaurant, cafe.
(2) Dry cleaner/laundry, laundromat.
(3) Private club, night club.
(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.
Language to be added is underlined
Language to be deleted is shuck through Ordinance No. 1119 - Page 3 of 5
(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.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S.
426.02(5).
(18) Nursing home.
Taxidermist.
SECTION 4: Amendment and Adoption to Section 90-282.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article III -District and District Regulations, Division 8 -Heavy Commercial
District, Section 90-282 Permitted Uses, by expanding the list of uses to include
Taxidermist and Pet Grooming as follows:
The following principal uses and structures are permitted in the CHV district:
(1) Professional office, business office, medical office.
(2) Retail service, retail store including out -door display of merchandise.
(3) Restaurant, take-out restaurant, cafe.
(4) Personal service.
(5) Dry cleaner/laundry, laundromat.
(6) Funeral home.
(7) Hotel, motel.
(8) Private club, night club.
(9) Craft Studio
(10) Business school.
(11) Commercial indoor recreation.
(12) Commercial parking garage or lot, taxistand, bus terminal.
(13) Storefront church located in a unit in a multi -use building or shopping center.
14 Taxidermist.
Pet grooming.
SECTION 5. Amendment and Adoption to Section 90-704.
That the City Council for the City of Okeechobee, Florida, amends herein Part II of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 -
Zoning, Article IV -Supplementary District Regulations, Division 9 -Special Exception
and Supplemental Use Regulations, by adding a new section to read as follows:
Section. 90-704. Pet grooming reauirements.
Petroq omina requirements shall be as follows:
u Lot and structure requirements shall be as by the district in which the
use is located.
LQ Additional requirements shall be as by the district in which the use is
located.
U Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building.
SECTION 6: Conflicts.
That all laws or ordinances in conflict with any provision of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 7: Severability.
That should any section, paragraph, sentence, clause, phrase, word, definition, or
any other item contained in this is for any reason held by the Court to be
unconstitutional, inoperative, void or otherwise invalid, the balance shall remain in
effect and such holding shall not affect the remainder of this ordinance.
Language to be added is underlined
Language to be deleted is dough Ordinance No. 1119 - Page 4 of 5
SECTION 8: Effective Date.
That this ordinance shall become effective immediately upon its passage.
INTRODUCED at a Public Hearing for First Reading, and set for Final Public Hearing on this V
day of February, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 17" day of
February, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
Language to be deleted is ugh Ordinance No. 1119 - Page 5 of 5
11-1 11, cv w - rLANNING DUAKU - Y -AGE 1 OF b
AGENDA
�— ACTION - DISCUSSION - VOTE
VI. PUBLIC HEARING CONTINUED.
A. 5, a) Consideration of a recommendation to the City Council to approve or
A motion and second was offered by Members McCoy and McCreary to recommend the City Council approve
deny application.
LDR Text Amendment Application No. 15 -001 -TA, as presented in the Planner's Memorandum dated January S, 2015
with corrections to two definitions to read as follows; Convenience store with fuel pumps means a convenience store
Providing motor vehicle fuels and which may also stock within the Principal structure and offer for sale prepackaged
motor oil and other small prepackaged automotive -related accessories and "Storefront church, means a very small
house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units."
b) Board discussion.
Chairperson Hoover asked whether there was any further discussion. There was none.
c) Vote on motion.
VOTE
HOOVER - YEA BAUGHMAN-YEA BRASS - YEA CREASMAN - YEA JONASSAINT - YEA
MCCOY - YEA MCCREARY - YEA BATTON - NIA KEEFE - NIA MOTION CARRIED.
CLOSE PUBLIC HEARING - Chairperson.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:54 P.M.
VURmu-rWIDt I Uro
AGENDA
ACTION - DISCUSSION - VOTE
VI. PUBLIC HEARING CONTINUED.
A. 5, a) Consideration of a recommendation to the City Council to approve or
A motion and second was offered by Members McCoy and McCreary to recommend the City Council approve
deny application.
LDR Text Amendment Application No. 15-001-TA, as presented in the Planner's Memorandum dated January 8, 2015
with corrections to two definitions to read as follows; Convenience store with fuel pumps means a convenience store
providing motor vehicle fuels and which may also stock within the Principal structure and offer for sale prepackaged
motor oil and other small Prepackaged automotive-related accessories and "Storefront church, means a very small
house of worship located in a one and only one unit in a multi-use commercial building or a commercial shopping center
containing at least three individual units."
b) Board discussion.
Chairperson Hoover asked whether there was any further discussion. There was none.
c) Vote on motion.
VOTE
HOOVER -YEA BAUGHMAN -YEA BRASS-YEA CREASMAN -YEA JONASSAINT -YEA
MCCOY - YEA MCC REARY - YEA BATTON - NIA KEEFE - NIA MOTION CARRIED.
CLOSE PUBLIC HEARING - Chairperson.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:54 P.M.
ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA PROVIDING
FOR AMENDMENT TO PART 11 OF THE CODE OF ORDINANCES
SUBPART B THE LAND DEVELOPMENT REGULATIONS, INCLUDING
SECTION 66-1 DEFINITIONS, BY MODIFYING EXISTING DEFINITIONS
OR ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT
GAMING CENTER, ALCOHOL AND DRUG REHABILITATION
CENTER/DETOX CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE
STORE, CONVENIENCE STORE WITH FUEL PUMPS, GROUP HOME,
MOTEL, PET GROOMING, RECOVERY CENTERISOBER HOME,
SERVICES (MECHANICAL AND REPAIR), STOREFRONT CHURCH,
TEMPORARY STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE
STORAGE CONTAINER, AND TEMPORARY USE; AMENDING SECTION
90-253 BY ADDING TAXIDERMIST TO THE LIST OF SPECIAL
EXCEPTION USES IN THE CLT ZONING DISTRICT; AMENDING
SECTION 90-282 BY ADDING TAXIDERMIST TO THE LIST OF
PERMITTED USES IN THE CHV ZONING DISTRICT; AMENDING
SECTION 90-252 BY ADDING PET GROOMING TO THE LIST OF
PERMITTED USES IN THE CLT ZONING DISTRICT; AMENDING
SECTION 90-282 BY ADDING PET GROOMING TO THE LIST OF
PERMITTED USES IN THE CHV ZONING DISTRICT; AMENDING
ARTICLE IV, DIVISION 9, SPECIAL EXCEPTION AND SUPPLEMENTAL
USE REGULATIONS BY ADDING A NEW SECTION 90-704 ENTITLED
PET GROOMING; SETTING FORTH REQUIREMENTS FOR PET
GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the City of Okeechobee, Florida, has a legitimate interest in periodic review of
its c d n e lloNereulati s ord o Yr;,,.,, certain
inc sis r u at c in inco make
a m t n t s r cate new
development; and to create new ordinance or regulation to better serve the public
and to make the code a more consistent and easier to understand document; and
WHERE�Ataf nc eViir��ar ing th Yc I�revgwed
a d e' ns t o I d rt u c arin held
on January 15, 2015, and based on findings of fact by the Planning Staff, hereby
recommends certain changes, amendments or modifications to the Code of
Ordinances and Land Development Regulations, to present to the City Council for
ordinance adoption and codification; and
NOW THE F E IGdin be r t ytun f e echobee,
Flonaa; resenteei dul advertised publieetin ;and passed by majority
P Y 9 Y
vote of the City Council; and properly executed by the Mayor or designee, as
Chief Presiding Officer for the City; that:
�J
SECTION 1:
That the f�1ie C F eJifin1 Er n herein Chapter
66, Secti n �� cffin L
use of the video console or computer game or station and prizes are
awarded in any form. This definition specifically excludes games of skill and
entertainment as are typically found in video and entertainment arcades
catering primarily to minors.
Language to be added is underlined
Language to be deleted is strackthracrgfr Ordinance No. 1119 - Page 1 of 4
Alcohol and drug rehabilitation center/detox centermeans a facility providing
an active rehabilitation treatment program run throughout the day, where the
residents receive intensive individual and group counseling for their
substance abuse. Residents typically stay for one to six months.
Auction house (indoor) means an establishment where obiects of art.
furniture, and other goods are offered for sale to persons who bid on the
object in competition with each other. This definition does not include
outdoor or open-air auctions where vehicles, farm and construction
equipment and the like are auctioned.
Convenience store means a retail establishment offering for sale
prepackaged food products, beverages, household items, newspapers and
magazines, sandwiches and other freshly prepared foods for consumption
off the premises.
Convenience store with fuel pumps means a convenience store providing
gasoline and/or diesel fuel pumps for the fueling of automotive vehicles, and
which may also stock within the principal structure and offer for sale
prepackaged motor oil and other small prepackaged automotive -related
accessories.
Group home means a building designed or used as permanent or temporary
living quarters for six or more unrelated persons in which individual cooking
facilities are not provided. Included in such designation, but not limited to, are
such facilities as residential facilities and comprehensive transitional
education programs under F.S. ch. 393; domestic violence centers under
F.S. ch. 415; community residential homes in excess of six persons under
F.S. ch. 419; and such similar facilities as authorized by law, and for which
licensing is first required by law, and for which licensing is first required by
the state department of children and families and/or the agency for health
care administration, or other state or federal agency. This definition
specifically excludes alcohol and drug rehabilitation/detox centers, and
recovery centers/sober homes.
Motel means an establishment containing sleeping accommodations for
transient guests, which has individual entrances from the outside to serve
each room, generally with no provisions made for cooking in individual
rooms, and which may have a restaurant and indoor recreation as accessory
uses. Recovery centers/sober homes are not motels.
Pet grooming means an establishment providing for the hygienic care and
cleaning of a domestic pet, usually dogs, cats, and sometimes birds, and
includes the preparation or enhancement of a pet's physical appearance for
"showing" or other types of competition.
Recovery center/sober home means a facility, used by addicts recovering
from substance abuse, which serves as an interim environment between
rehabilitation and a return to theirformer lives. These facilities provide a safe
and supportive place in which people can live while they are in recovery and
are primarily meant to provide housing for people who have just come out of
rehabilitation (or recovery centers) and need a place to live that is structured
and supporting for those in recovery. A recovery center/sober home is not a
group home because licensing is not licensed by a state or federal agency.
Services, mechanical and repairmeans establishments including machinery
servicing and repair, or service garage, motor vehicle paint and/or body
shop, motor vehicle or trailer rental, veterinarian, pionter, atietion hotise,
selvage yard, and similar service uses.
Language to be added is underlined
Language to be deleted is sbuckthrorugk Ordinance No. 1119- Page 2 of 4
Storefront church, means a house of worship located in a one and only one
unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units.
Structure temporary means a structure that is erected without any
foundation or footings and is removed when the designated time period,
activity, or use for which the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life-
like three-dimensional representation of an animal for permanent display is
undertaken. In some cases, the actual skin (including the fur, feathers or
scales) of the specimen is preserved and mounted over an artificial body. In
other cases the specimen is reproduced completely with man-made
materials."
Temporary portable storage container means a self-contained storage unit
designed to be delivered to a site by a separate vehicle where it is removed
from the vehicle and left at the site. Once on the site it is used as
temporary, short-term storage shelter. It may also be loaded with material
and then transported by separate vehicle to an off-site storage location for
longer periods of time."
Use temporary means an outdoor use or activity which is permitted only for
a limited time such as promotional events tent sales charity events craft or
art fairs car shows or other similar uses. Temporary uses are subject to
specific regulations and permitting procedures."
SECTION 2:
That the City Council for the City of Okeechobee, Florida, amends herein Chapter
90, ZONING, ARTICLE III, Section 90-253 by adding "Taxidermist" to the list of
Special Exception Uses in the CLT Zoning District as follows:
Section 90-253. Special Exception Uses, (19) Taxidermist
SECTION 3:
That the City Council for the City of Okeechobee, Florida, amends herein
Chapter 90, ZONING, ARTICLE III, Section 90-282 by adding "Taxidermist" to
the list of Permitted uses in the CHV zoning district as follows:
Section 90-282. Permitted Uses, (14) Taxidermist
SECTION 4:
That the City Council for the City of Okeechobee, Florida, amends herein Chapter
90, ZONING, ARTICLE III, Section 90-252 by adding "Pet grooming" to the list of
Permitted uses in the CLT zoning district as follows:
Section 90-252. Permitted Uses, (6) Pet grooming
SECTION 5.
That the City Council for the City of Okeechobee, Florida, amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Pet grooming" to the list of
Permitted uses in the CHV zoning district as follows:
Section. 90-282. Permitted Uses, (15) Pet grooming
Language to be added is underlined
Language to be deleted is shack to.rovgfr Ordinance No. 1119 - Page 3 of 4
SECTION 6.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE IV, by adding a new Section 90-704 entitled 'Pet grooming"
to read as follows:
Section. 90-704. Pet grooming
Pet grooming requirements shall be as follows:
(1) Lot and structure requirements shall be as by the district in which the
use is located.
(2) Additional requirements shall be as by the district in which the use is
located.
(3) Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building.
SECTION 7: Conflicts.
That all laws or ordinances in conflict with any provision of this ordinance are
hereby repealed to the extent of such conflict.
SECTION 8: Severability.
That should any section, paragraph, sentence, clause, phrase, word,
definition, or any other item contained in this is for any reason held by the
Court to be unconstitutional, inoperative, void or otherwise invalid, the
balance shall remain in effect and such holding shall not affect the remainder
of this ordinance.
SECTION 9: Effective Date.
That this ordinance shall become effective immediately upon its passage.
INTRODUCED at a Public Hearing for First Reading, and set for Final Public
Hearing on this 20`h day of January, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this
3' day of February, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
Language to be deleted is struckth.ougtr Ordinance No. 1119 - Page 4 of 4
F�ii Ccs
4&DEPENDENT
Okeechobee News �5{ 1 TA-
107SW 17thStreet,
349 Okeechobee, Florida 34974
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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(�)t n�
in the matter of Ciw�=
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.
Katrina Elsken
Sworn to and subscribed before me this
L day of .16!�u� �C I S AD
Notary Public, Sta a of Florida at Large
AMBROW
W e0tU8SM i EE 17M
Ex FO Apo. 20.2018
sa�maThu. 2 ,11�1„NIq
NOTICE OF PROPOSED LAND
DEVELOPMENT REGULATION
AMENDMENT
PUBLIC NOTICE: the Cityunci] of the City of Okeechobee, FL, will
on Tues, Feb 3, 2015, at 6:00 M, or as soon thereafter possible, at City
Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to con-
sider First Reading for adoption of the following Ordinance into law: No.
1119: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLOR-
IDA PROVIDING FOR AMENDMENT TO PART II OF THE CODE
OF ORDINANCES SUBPART B THE LAND DEVELOPMENT REG-
ULATIONS, INCLUDING SECTION 66-I DEFINITIONS, BY MODI-
FYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS
FOR THE FOLLOWING TERMS: ADULT GAMING CENTER, ALCO-
HOL AND DRUG REHABILITATION CENTER/DETOX CENTER,
AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVE-
NIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET
GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (ME-
CHANICAL AND REPAIR), STOREFRONT CHURCH, TEMPORARY
STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE STORAGE
CONTAINER, AND TEMPORARY USE; AMENDING SECTION 90-
253 BY ADDING TAXIDERMIST TO THE LIST OF SPECIAL EXCEP_
TION USES IN THE CLT ZONING DISTRICT; AMENDING SECTION
90-282 BY ADDING TAXIDERMIST TO THE LIST OF PERMITTED
USES IN THE CHV ZONING DISTRICT; AMENDING SECTION 9o-
252 BY ADDING PET GROOMING TO THE LIST OF PERMITTED
USES IN THE CLT ZONING DISTRICT; AMENDING SECTION 90-
282 BY ADDING PET GRQOMING TO THE LIST OF PERMITTED
USES IN THE CHV ZONG DISTRICT; AMENDING ARTICLE IV,
DIVISION 9, SPECIAL MCEPTION AND SUPPLEMENTAL USE
REGULATIONS BY ADDING A NEW SECTION 90-704 ENTITLED
PET GROOMING; SETTING FORTH REQUIREMENTS FOR PET
GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS
AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The proposed amendment may be viewed on the website, cityofokeechobee.
com, or at the Office of the City Clerk, during normal business hours, Mon -
Fri, 8 AM -4:30 PM, at the address above.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with
a disability as defined by the ADA, that needs special accommodation to
participate in this proceeding, contact the City Clerk's Office no later than
two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, vid-
eo or items to the Council in support or opposition to any item on
the agenda; a copy of the document, picture, video. or item MUST be
provided to the City Clerk for the Citys records.
Published by: Lane Gamiotea, CMC, City Clerk
Published 1-25-2015, Okeechobee News
`NDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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
in the matter of�r`u'
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
1 (7 f/.5_
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.
Katrina Elsken
Sworn to and su�scribed be ore me this
day of �_�_� � /S,_ AD
Notary Public, State of Florida at Large
ANGIE BRIDGES
MY COMMISSION # EE 177653
'a b; EXPIRES: April 20, 2016
r os d^ Bonded Thru Notary Public Underwriters
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
PUBLIC HEARING NOTICE
LAND DEVELOPMENT REGULATION TE1tT AMENDMENT
A PUBLIC HEARING will. tie held before the Oty of Okeechobee Plan-
ning Board, meeting as, the Local Planning Agency on Thursday, 3aTI ary
1 2015, at 6 Pfd,.. oras soon thereafter as possible, at CityHall, 55 SE
3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input on amend-
ing the Code of Ordinances, Subpart 8 Land Development Regulations.
Amenidmdntl5.Olit•TA proposes to modify existing definitions or adding
new definitions for the following terms: adult gaming center, alcohol and
drug. rehabilitation center/detox center, auction house (indoor), =nience
store, convenience store with fuel pumps, group home, motel, pet groom-
ing, recovery center/sober home, services (mechanical and repair), store-
front church, temporary structure, taxidermist, temporary portable storage
container, and temporary use. Amend Section 90-252 by addin Pet Groom -
Ing to the list of Permitted Uses In the light Commercial (CLT Zoning Dls-
trict. Amend Section 90-253 by adding Taxidermist to the list of Special
Exception Uses in the CLT Zoning District. Amend Section 90-282 by adding
Taxidermist and Pet Grooming to the list of Permitted Uses In the Heavy
Commercial Zoning District. Adding a new Section 90-704 entitled Pet
Grooming and sets forth requirements for pet grooming establishments.
when applying for a Special Exception.
The %arming Board will Issue a recommendation on Application No.
15-001 TA, and forward to the City Council for consideration at the Febru-
ary 3 and February 17 meetings.
All nterested parties are encouraged to attend. Please contact General
Services at 863-763-3372, or website, cityofekeechobee.com, to obtain a
copy of the agenda. The proposed amendment may be reviewed at the ad-
dress above during regular business hours, Mon -Fri, Bam-4:3Dpm, except
ANY PERSON DECIDING 'TO APPEAL any decision made by the Planning
Board with respell to any matter considered at this meeting will need to en-
sure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
t'-'P'te
in this proceeding, contact the General Services Office no later than
two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video
'or items to the Planning Board in support or opposition to any item on the
agenda; a copy of the document, picture, video, or ftem must,be provided
to the Board Secretary for the City's records.
BY: Brian Whitehall; Zoning Administrator, Application'
INDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, `Nrida, that the atticcopy of
advertisement being a ,' /A 2',c� el
in the matter of 'ZZ-
4
in the 19th W)cial 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.
Katrina Elsken
-e 15- 001-
P(ad,#Io(a
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
1341 ► 0%151cil
PUBLIC NOTICE
LAND DEVELOPMENT HR WAANjION EXT AMENDMENT
A PUBLIC HEARING will be held before the City of Okeechobee Plan-
ning Board, meeting as the Local Planning Agency on Thursday, January
15 2015, ati PM, vraes soon [hereafter as possible, at City Hall, 55 SE
3rd Ave, Rm 200, Okeechobee, FL, to [onsider and receive input on amend -
In the Code of Ordinances, Subpart B Land Development Regulations.
15OOi*TA f�poses to modify existing definitions or adding
new definitions for the following terms: adult gamin center, alcohol and
drug rehabilitation center/detox center, auction house gindoor), convenience
store, onvenI nce store with fuel pumps, group home, motel, pet groom-
ing, reovery center/sober home, services (mechanical and repair), store-
front church, temporary structure, taxidermist, temporary portable storage
ontainer'and temporary use-. Amend Section 90-252 by addin Pet Groom-
ing to the list of Permitted Uses in the Light Commerdal (CLT Zoning Dfs-
trict. Amend 'Tit
90253 by adding Taxidermist to the list of Spedal
Exception Uses in the CLT Zoning District. Amend Section 90-282 by adding
Taxidermist and Pet Grooming to the list of Permitted Uses in the Heavy
Commercial Zoning Of., Adding a new Section 90-704 entitled Pet
Grooming and sets forth requlrements for pet grooming establishments
when appNing for a Spedal Exception.
The Pllanning Board vdll Issue a recommendation on Application No.
15 -001 -TA and forward to the City Council for onsideration at the Febru-
ary 3 and February 17 meetings.
All interested parties are encouraged to attend. Please contact General
Services at 863-763-3372, or website, cityofokeechobee,om, to obtain a
copy of the agenda. The proposed amendment may be reviewed at the ad-
iress above during regular business hours, Mon -Fri, gam-4:30pm, except
,or holidavc
ANY
Board with respect to any nr ttD nAPPs der d at[thi meeting bwilitln pd'tones
sure a verbatim record 0f the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Aspcted(ADA), any person with a
tidpateabilltynath�eproceeding, ed oADA
ntacthat needsthe General Services O'ccoffice no ater Urian
two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Planning Board In support or opposition to any Rem on the
agenda; a opy of the document, picture video, or item must be provided
t0 the Board Secretary for the City's records. -
By: Brian Whitehall, Zoning Administrator, Application No. 15 -001 -TA
468930 ON 12/26/2014
Sworn to and subscribed before qqe this
4'/ J day of i o ;/��, i P AD
Notary Public, State of Florida at Large
z
ANGIE BRIDGES
MY COMMISSION # EE 177653
H, a€ EXPIRES: Ap6120, 2016
B=W Thn1 Notary Pubk Undemillers
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Friday, February 20, 2015 11:37 AM
To: MCC
Subject: City of Okeechobee Ordinances to post on Ord Bank
Attachments: Ord 1119.pdf, Ord 1119.docx; Ord 1115.pdf; Ord 1115.docx
Good Morning,
I have attached two ordinances (in two different formats) to be added to the Ordinance Bank.
Ord No. 1115
Ord No. 1119
Please contact me should you have any questions.
Thank you,
100 1�ea4 d
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
1
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:29 PM
To: Council - Dowling Watford; Council - Mayor James Kirk; Gary Ritter; Melisa Jahner;
Noel Chandler
Subject: Ord 1119 LDR Amendments
Attachments: ord 1119.pdf
Good afternoon Mayor and Councilmen,
Attached you'll find Ord No. 1119 which was adopted at our Feb 17, 2015 meeting, amending the LDR amendments.
Please refer to this language as the most recent and correct, and make the necessary changes in your code book, until
this ordinance gets supplemented to the code.
Should you have any questions, please contact me.
eePe� 100 ,�Cw d!
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:32 PM
To: Brian Whitehall; India Riedel; Jackie Dunham; Jeff Newell; Kim Barnes; Lane Gamiotea;
Marty Thomas; Melisa Jahner; Melissa Henry; Patty Burnette; PW - David Allen ; Robin
Brock
Subject: Ord 1119 amending LDR's
Attachments: ord 1119.pdf
Attached you'll find Ord No. 1119 amending the LDR's.
Please refer to the language in this ordinance as the most recent and correct, and make the necessary changes to your
code book, until the ordinance gets supplemented to the code.
Should you have any questions, please contact me.
ceee444! y too o dw/
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
1
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:41 PM
To: Chief Davis; Police - Chief Davis; Police - Donald Hagan; Police - Jeanna Lanier; Police -
Jeanna Lanier; Police - Justin Bernst ; Police - Justin Bernst; Police - Skip Eddings; Terisa
Garcia; Police - Terisa Garcia
Subject: Ord No. 1119 LDR amendments for Code Book
Attachments: ord 1119.pdf
Attached you'll find Ord No. 1119, for your reference as the most correct language until the Code is supplemented.
Please update all the books at the Police Dept with the necessary changes.
Should you have any questions, please contact me.
ee"Ulaj 100 ,L Cawl
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE P Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:42 PM
To: John Cook; John Cook
Subject: Update for your code book
Attachments: ord 1119.pdf
Attached you'll find Ord No. 1119 to use as reference as the most correct language until the code is supplemented.
Should you have any questions, please contact me.
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 3:44 PM
To: Fire - Herb Smith; Fire - Fred Sterling ; Fire - Sue Christopher
Subject: Ord No. 1119 to update your Code Book
Attachments: ord 1119.pdf
Attached you'll find Ord No. 1119, amending the LDR's.
Please refer to this language as the most recent and correct, and update your code books accordingly.
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE P Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 4:33 PM
To: Bill Brisson; LaRue - Gloria
Subject: Ord 1119 LDR Amendment
Attachments: ord 1119.pdf
Hi Bill/Gloria
Attached is Ord No. 1119 amending the LDR's.
Please this language as the most recent and correct and make the necessary changes to your code book until the next
supplement.
Should you have any questions, you may contact me.
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
1
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Thursday, February 19, 2015 4:37 PM
To: Atty John Cassel; Cnty Planner; County Judge - Court House; Dawn Hoover; Kim Bass;
Public Defender; State Attorney
Subject: City of Okeechobee Ord No 1119
Attachments: ord 1119.pdf
Attached you'll find Ordinance No. 1119 amending the LDR's of the Code Book. Please use this as the most recent and
correct language, and make the necessary changes to your code book.
Should you have any questions, please contact me.
&,&� 10011 ea wl
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From:
Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent:
Thursday, January 29, 2015 9:06 AM
To:
City -John Cook 2nd
Cc:
City-Melisa Jahner
Subject:
FW: add a motion & vote for Ord 1119
John, the version of Ord 1119 that was advertised for PH was incorrect. We've discovered it before sending it out with
the agenda.
To fix this, I've suggested wording the motions like this (whats underlined is added from the normal motion) and of
course, we'll give them both copies.
Is this ok? Is there a better method? Robin's ready to roll w/ it when we hear back from you O
-motion to accept and read by title only the Revised Version of proposed Ord 1119, setting the Final Public Hearing date
as Feb 17, concerning LDR Text Amendment No. 15 -001 -TA.
-vote on motion.
-CA to read the proposed Ord 1119 (Revised Version) by title only.
-motion to approve the first reading of proposed Ord 1119 (Revised Version).
-public comments and discussion.
-vote on motion.
&QCG't r&r a700 IleaiQ
Lane Earnest-Gamiotea, CMC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext 215
863-763-1686 fax
863-697-0345 cell
cityofokeechobee.com
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
Melisa Jahner
From:
Lane Gamiotea< Igamiotea@cityofokeechobee.com >
Sent:
Thursday, January 29, 2015 8:59 AM
To:
City -Robin Brock
Cc:
City -Brian Whitehall; City-Melisa Jahner
Subject:
add a motion & vote for Ord 1119
I think we can just reword the motions to be like this:
-motion to accept and read by title only the Revised Version of proposed Ord 1119, setting the Final Public Hearing date
as Feb 17, concerning LDR Text Amendment No. 15 -001 -TA.
-vote on motion.
-CA to read the proposed Ord 1119 (Revised Version) by title only.
-motion to approve the first reading of proposed Ord 1119 (Revised Version).
-public comments and discussion.
-vote on motion.
But we'll have to give them both versions in the exhibits since the wrong one is what was advertised.
I can type of a memo or speedy message to go along w/ both ordinances explaining all, if you think it will help? (let me
know if I should or if Brian wants to explain in his activity report???)
Thank you for this; it makes it easier to explain to the mayor & council O
I've sending this to John to make sure we can do it this way but I'm pretty sure it's not going to be an issue.
66&� 1001leaw!
Lane Earnest-Gamiotea, CMC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext 215
863-763-1686 fax
863-697-0345 cell
cityofokeechobee. com
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
Melisa Jahner
From: Wm. F. Brisson <bill@larueplanning.com>
Sent:
-00y, January January 16, 2015 9:46 AM
To: 'Patty Burnette'; 'Lane Gamiotea'; 'Melisa Jahner'
Cc: 'Gloria Pellito'
Subject: Revised Ord. 1119 and associated explanatory memo
Attachments: Draft Ord. 1119 Rev2.doc; Explanatory memo rev2.doc u
Good Morning,
Attached are Ord. 1119 and the explanatory memo with the two minor changes recommended by the
Planning Board at last night's public hearing. The changes are to the definitions of "Convenience
store with fuel pumps" and "Storefront church". As I understand it Ord. 1119 will be heard at first
reading at the upcoming City Council meeting along with the Lightsey property applications 14 -002 -
SSA and 14-002-R.
Please call if you have any questions.
ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, INCLUDING
SECTION 66-1 DEFINITIONS, BY MODIFYING EXISTING DEFINITIONS OR
ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT GAMING
CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CENTER,
AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE
WITH FUEL PUMPS, GROUP HOME, MOTEL, PET GROOMING, RECOVERY
CENTER/SOBER HOME, SERVICES (MECHANICAL AND REPAIR),
STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST,
TEMPORARY PORTABLE STORAGE CONTAINER, AND TEMPORARY USE;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE CLT ZONING DISTRICT; AMENDING
SECTION 90-282 BY ADDING TAXIDERMIST TO THE LIST OF PERMITTED
USES IN THE CHV ZONING DISTRICT; AMENDING SECTION 90-252 BY
ADDING PET GROOMING TO THE LIST OF PERMITTED USES IN THE CLT
ZONIG DISTRICT; AMENDING SECTION 90-282 BY ADDING PET GROOMING
TO THE LIST OF PERMITTED USES IN THE CHV ZONING DISTRICT;
AMENDING ARTICLE IV, DIVISION 9, SPECIAL EXCEPTION AND
SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW SECTION 90-704
ENTITLED PET GROOMING SETTING FORTH REQUIREMENTS FOR PET
GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review
of its ordinances and land development regulations in order to address certain
inconsistencies or outdated regulations contained in the codes; to make
amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the
public and to make the code a more consistent and easier to understand
document; and
WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently
reviewed the Code of Ordinances and Land Development Regulations to
determine areas of improvement; has discussed same at public meetings; and
has recommended certain changes, amendments or modifications to the code to
present to the City Council for ordinance adoption; and
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:
Language to be added is underlined
Language to be deleted is StFUGk throvo Ordinance No. 1119 Page 1 of 5
Section 1.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
66, Section 66-1 to include the following definitions:
Adult .,gaming center means an establishment that provides consoles, seating or
stations for an individual to participate in video gaming, internet gaming, or other
forms of games of chance where the individual is charged for the use of the video
console or computer game or station and prizes are awarded in any form. This
definition_ specifically excludes games of skill and entertainment as are typically
found in video and entertainment arcades catering primarily to minors.
Alcohol and drug rehabilitation center/detox center means a facility providing an
active rehabilitation treatment program run throughout the day, where the residents
receive intensive individual and group counseling for their substance abuse.
Residents tvpically stav for one to six months.
Auction house (indoor) means an establishment where objects of art, furniture, and
other goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles, farm and construction eauipment and the like are auctioned.
Convenience store means a retail establishment offering for sale prepackaged food
products, beverages, household items, newspapers and magazines, sandwiches
and other freshly prepared foods for consumption off the premises.
Convenience store with fuel pumps means a convenience store providing motor
vehicle fuels and which may also stock within the principal structure and offer for
sale prepackaged motor oil and other small prepackaged automotive -related
accessories.
Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential
homes in excess of six persons under F.S. ch. 419; and such similar facilities as
authorized by law, and for which licensing is first required by law, and for which
licensing is first required by the state department of children and families and/orthe
agency for health care administration, or other state or federal agency. This
definition specifically excludes alcohol and drug rehabilitation/detox centers, and
recovery centers/sober homes.
Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room,
generally with no provisions made for cooking in individual rooms, and which may
have a restaurant and indoor recreation as accessory uses. Recovery
centers/sober homes are not motels.
Pet grooming means an establishment providing for the hygienic care and cleaning
of a domestic pet, usually dogs, cats, and sometimes birds, and includes the
preparation or enhancement of a pet's physical appearance for "showing" or other
types of competition.
Recovery center/sober home means a facility, used by addicts recovering from
substance abuse, which serves as an interim environment between rehab and a
return to their former lives. These facilities provide a safe and supportive place in
which people can live while they are in recovery and are primarily meant to provide
housing for people who have just come out of rehab (or recovery centers) and need
a place to live that is structured and supporting for those in recovery. A recovery
Language to be added is underlined
Language to be deleted is s#r-usl o Ordinance No. 1119 Page 2 of 5
center/sober home is not a group home because it is not licensed by a state or
federal agency.
Services, mechanical and repair means establishments including machinery servic-
ing and repair, or service garage, motor vehicle paint and/or body shop, motor
vehicle or trailer rental, veteFinaFiai4, PF�aQotien hni iso salvage yaFd and
similar service uses.
Storefront church, means a very small house of worship located in a one and only
one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units.
Structure, temporary means a structure that is erected without any foundation or
footings and is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent display is undertaken. In
some cases, the actual skin (including the fur, feathers or scales) of the specimen is
preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials."
Temporary portable storage container means a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site, it is used as temporary, short-term storage
shelter. It may also be loaded with material and then transported by separate
vehicle to an off-site storage location for longer periods of time."
Use, temporary means an outdoor use or activity which is permitted only for a
limited time such as promotional events, tent sales, charity events, craft or art fairs,
car shows, or other similar uses. Temporary uses are subject to specific regulations
and permitting procedures."
Section 2.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-253 by adding "Taxidermist" to the list of
Special exception uses in the CLT zoning district as follows:
Sec. 90-253. Special exception uses ... (19) Taxidermist
Section 3.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Taxidermist" to the list of
Permitted uses in the CHV zoning district as follows:
Sec. 90-282. Permitted Uses, ... (14) Taxidermist
Section 4.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-252 by adding "Pet grooming" to the list of
Permitted uses in the CLT zoning district as follows:
Sec. 90-252. Permitted Uses, ... (6) Pet grooming
Language to be added is underlined
Language to be deleted is StFUGk Ordinance No. 1119 Page 3 of 5
Section 5.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Pet grooming" to the list of
Permitted uses in the CHV zoning district as follows:
Sec. 90-282. Permitted Uses, ... (15) Pet grooming
Section 6.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE IV, by adding a new Section 90-704 entitled "Pet grooming"
to read as follows:
Sec. 90-704. Pet grooming
Pet grooming requirements shall be as follows:
(1) Lot and structure requirements shall be as by the district in which the
use is located.
(2) Additional requirements shall be as by the district in which the use is
located.
(3) Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building.
Section 6. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 7. 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 8. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this day of
2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this day of
, 2015
James E. Kirk, Mayor
Language to be added is underlined
Language to be deleted is Ordinance No. 1119 Page 4 of 5
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
Language to be deleted is r*r„^k thro*9 Ordinance No. 1119 Page 5 of 5
To:
Planning Board
From:
Bill Brisson, AICP
Date:
January 8, 2015
Planning
Management Services, Inc.
Memorandum
Subject: Explanation of items included in Ordinance 1119
Over the past couple years a variety of issues have arisen, most recently interest in opening a
pet grooming business and expanding an existing taxidermy business. Both of these issues
required establishing definitions, recognizing the zoning districts in which they would be allowed,
and, in the instance of pet grooming, establishing supplemental regulations. Since these were
to be considered at the January Planning Board meeting, it was decided that we should also
include other changes to existing definitions or the addition of needed new definitions. Ordin-
ance 1119 incorporates these changes. The following materials provide explanations of why
each new or modified definition is being addressed.
Our introductory comments or other notations are shown in Arial typeface. Existing and pro-
posed LDR text are shown in standard Times Roman typeface. As usual, we identify language
to be deleted in st�ui format and new language is underlined. For ease of reference, pro-
posed definitions have been grouped such that related definitions are addressed at the same in
time in this memorandum time.
Adult gaming centers.
While the State Legislature has passed legislation clarifying that certain types of adult
gaming centers are no longer allowed by virtue of their having been declared illegal
gambling establishments, and the proliferation of such establishments seems unlikely,
certain precautions may still need to be taken. In the event businesses are successful in
circumventing the intent of the law, it may be prudent to initiate provisions in the LDRs that
will mitigate unwanted impacts. The first step in this process is to add the following
definition for adult gaming centers.
Adult gaming center means an establishment that provides consoles, seating or stations for
an individual to participate in video gaming, internet gaming, or other forms of games of
chance where the individual is charged for the use of the video console or computer game
or station and prizes are awarded in any form. This definition specifically excludes games
of skill and entertainment as are typically found in video and entertainment arcades
catering primarily to minors.
Providing Planning and Management Solutions for Local Governments Since 1988
1375 Jackson Street, Suite 206 Dort Myers, FAL 33901 239-334-3366 www.larueplanning.corn
2. Convenience store and convenience store with gas pumps
There are no definitions for the above uses. Definitions are needed to differentiate
between the classic auto service station and a convenience store with gas pumps.
Although they still exist, we seldom see new versions of what many of us grew up
to know as the auto service station as it is presently defined in the LDRs. Rather,
new establishments selling gasoline and diesel fuels now almost invariably take
the form of motor fuel pumps (gas and diesel) associated with a convenience
store. Consequently, we need to add definitions for convenience stores and
convenience stores with gasoline and diesel automotive fuel pumps, to differentiate
them from each other and from auto service stations. The following new definitions
are proposed:
a. Convenience store means a retail establishment offering for sale prepackaged food
products, beverages, household items, newspapers and magazines, sandwiches and
other freshly prepared foods for consumption off the premises.
b. Convenience store with fuel pumps means a convenience store providing motor
vehicle fuels and which may also stock within the principal structure and offer for
sale prepackaged motor oil and other small prepackaged automotive -related
accessories.
3. Indoor auction house
While out -door auctions are regulated under §90-667, the City has no provision regarding
an in -door auction house as an allowable use.
It is our understanding that in the past a Business Tax Receipt (BTR) has been issued for
an auction house under the category of a retail use. Because an indoor auction house can
be a very intensive use, attracting greater numbers of persons than are normally associ-
ated with a similarly sized conventional retail use, we believe it should be a separate
commercial use unto itself. The following definition is proposed for an indoor auction
house.
Auction house (indoor), means place where objects of art, furniture, and other
goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles, farm and construction equipment and the like are auctioned.
Serving Florida Local Governments Since 1988
4. Mechanical and repair services, pet grooming, and taxidermist.
City Staff have, on occasion, had to make decisions regarding the permissibility of specific
businesses for which there are no clear definitions or indications as to what use category
the business belongs. In the case of mechanical and repair services portions of the
current definition are inappropriate. We recommend modifying or adding the following
definitions to §66-1 and, in the case of pet grooming and taxidermist, regulatory provisions
are also proposed:
a. Services, mechanical and repair means establishments including machinery servicing
and repair, or service garage, motor vehicle paint and/or body shop, motor vehicle or
trailer rental, veteriiiarian, printer-, auefien-house, salvage , and similar service
uses.
b. Pet grooming means an establishment providing for the hygienic care and cleaning of
a domestic pet, usually dogs, cats, and sometimes birds, and includes the preparation
or enhancement of a pet's physical appearance for "showing" or other types of
competition.
Petrog oming is proposed as a permitted use in Sections. 90-252 and 90-282 (the CLT
and CHV Districts, respectively) and new supplementary regulations for pet
grooming are proposed to be added as follows:
Sec. 90-704. Petrog oming
Pet grooming requirements shall be as follows:
(1) Lot and structure requirements shall be as by the district in which the use is
located.
(2) Additional requirements shall be as by the district in which the use is located.
(3)Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building_
C. Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent display is undertaken. In
some cases, the actual skin (including the fur, feathers or scales) of the specimen is
preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials
Taxidermist establishment is proposed as a Special Exception use in Sec. 90-253
(CLT Districts and a Permitted use in Sec. 90-292 (the CHV District).
Serving Florida Local Governments Since 1988
5. Motel and Recovery/sober home
There is one motel in town that has been used as a recovery center for persons
after treatment at an alcohol or drug rehabilitation center. Apparently, it was
decided that because a recovery center provides only transient accommodations
without cooking facilities in individual rooms that it qualifies as a motel according to
the current definition. We believe this is not the intent of the definition of a motel
and have proposed the following definitions to clarify that motels and recovery
centers/sober homes are not the same.
a. Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room, generally
with no provisions made for cooking in individual rooms, and which may have a
restaurant and indoor recreation as accessory uses. Recovery centers/sober homes are
not mntAq
b. Recovery center/sober home means a facility, used by addicts recovering from
substance abuse, which serves as an interim environment between rehab and a return
to their former lives. These facilities provide a safe and supportive place in which
people can live while they are in recovery and are primarily meant to provide housing
for people who have just come out of rehab (or recovery centers) and need a place to
live that is structured and supporting for those in recovery. A recovery center/sober
home is not a group home because it is not licensed by a state or federal agency.
6. Separate alcohol and drug rehabilitation centers from the general category of
"Group homes."
The City has, in the past, recognized alcohol and drug rehabilitation/detox centers as
falling within the general category of group homes. However, this specific form of a group
home has different characteristics and impacts than other group homes or rehabilitation
centers. Therefore, we suggest modifying the definition of "Group home" to specifically
exclude alcohol and drug rehabilitation/detox centers and to add a new definition for
alcohol and drug rehabilitation/detox center, to read as follows:
a. Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential homes
in excess of six persons under F.S. ch. 419; and such similar facilities as authorized
by law, and for which licensing is first required by law, and for which licensing is
first required by the state department of children and families and/or the agency for
health care administration, or other state or federal agency. This definition speci-
fically excludes alcohol and drug rehab i I itation/detox centers.
Serving rlorida Local Governments Since 1988
b. Alcohol and drug rehabilitation center/detox center means a facility providing an
active rehabilitation treatment program run throughout the day, where the residents
receive intensive individual and group counseling for their substance abuse. Resi-
dents typically stay for one to six months.
7. Storefront church
Ordinance 1070 adopted on January 18, 2011 allows storefront churches. Under the
current definition, a storefront church is "a house of worship located in a unit in a multi -use
commercial building or commercial shopping center." The intent is to provide an alterna-
tive for a very small house of worship that would not need the much greater land area
required for more conventional churches. It was expected that the storefront church would
occupy only one of the units in a multi -use building.
In order to ensure that this intent is clear, we think it prudent to define a storefront church
more specifically to read as follows:
"Storefront church, means a verb house of worship located in a one and only
one unit in a multi -use commercial building or a commercial shopping center
containing at least three individual units."
8. Temporary uses and structures
As now written, the regulations are unclear as to the difference between temporary
structures and temporary uses and therefore recommend adding the following new
definitions to Section 66-1:
a. Structure, temporary, means a structure that is erected without any foundation or
footings and is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
b. Use, temporary, means an outdoor use or activity which is permitted only
limited time such as promotional events, tent sales, charity events, craft or art fairs,
car shows, or other similar uses. Temporary uses are subject to specific regulations
and permitting procedures.
C. Temporary portable storage container, means a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site, it is used as temporary, short-term storage
shelter. It may also be loaded with material and then transported by separate vehicle
to an off-site storage location for longer periods of time.
serving Florida Local Gocemilwnts sincr t988
Melisa Jahner
From: Patty Burnette <pburnette@cityofokeechobee.com>
Sent: Thursday, January 08, 2015 12:35 PM
To: Igamiotea@cityofokeechobee.com; mjahner@cityofokeechobee.com
Subject: FW: Revisions to Ord. 1119 and memo to Planning Board explaining the proposed
amendments to the LDRs
Attachments: Draft Ord. 1119 Rev.doc
Lane and Melisa.
am forwarding the email below from Bill for your information. I draw your attention to 1.b. and the change
he has made. You both may already have caught this error. I didn't attach the second document so should
you need it, just let me know.
Thanks,
Patty
From: Wm. F. Brisson[mailto:bill(a)larueplanning.com]
Sent: Thursday, January 08, 2015 11:51 AM
To: 'Patty Burnette'
Cc: 'Gloria Pellito'
Subject: Revisions to Ord. 1119 and memo to Planning Board explaining the proposed amendments to the LDRs
Patty,
Attached are the two MS Word files for the upcoming Planning Board meeting, we recently discussed.
1. A revised version of Ordinance 11.19. In case you have changed the ordinance in any way since I last submitted
it, the only changes in this document are:
a. The addition of the ordinance number in the footer.
b. In the last sentence of the definition of "Recovery center/sober home" the 7th word from the end
"licensing" has been replace with the word "it". Therefore the final sentence will now read as follows:
"A recovery center/sober home is not a group home because it is not licensed by a state or federal agency."
2. The second document is a memo to the Planning Board explaining the basis for the proposed changes included in
Ord. 1119.
If you have any questions, please contact me. Good luck with all that you are doing now.
Bill
Plln wng
Melisa Jahner
From: Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent: Monday, December 15, 2014 1:57 PM
To: 'Brian Whitehall'; 'Melisa Jahner'
Cc: 'Robin Brock'; 'Patty Burnette'
Subject: RE: Ordinance for LDR text amendments
I haven't had a chance to look at it, Melisa's been reformatting it, and gave a copy to John to get his review prior to ad in
case he wants to change anything.
LanPi£a-rn 4t-67arya tea, CHIC
cgty cLe*-WPef-sovug4?,LAdmLnisvator
city of oke�
5 5 Southeast st 3-1 A vona&
Off, FL 34974
863-763-3372 "t215
863-763-1686 faw
863-697-0345 cell,
Cityofokeechotv,ex. caves
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
From: Brian Whitehall [ma iIto: bwhitehall@cityofokeechobee.com)
Sent: Monday, December 15, 2014 12:22 PM
To: 'Lane Gamiotea'; 'Melisa Jahner'
Cc: 'Robin Brock'; 'Patty Burnette'
Subject: FW: Ordinance for LDR text amendments
Not hearing anything back from "y'all" so assuming it's all good
bw
From: Brian Whitehall [ma iIto: bwhitehall@cityofokeechobee.com]
Sent: Wednesday, December 10, 2014 4:03 PM
To: 'City-Melisa Jahner'
Cc: 'Lane Gamiotea'; 'Robin Brock'; 'City -Patty Burnette'; 'Jackie Dunham'
Subject: FW: Ordinance for LDR text amendments
had the opportunity to speak w/ Bill just a few minutes ago and we reviewed the sample ord, attached. I had looked at
it on Monday and compared it to the old memo he supplied several months ago. Most of the LDR definitions are incl in
this ord, but some aren't, and we discussed later addressing them with another ordinance, which will incl some
additional, less time sensitive definitions.
Having said all that, Lane prepared a timeline in November which appears below, here, and it looks good.
Please note the foLLowing deadlines in order to have these items considered at the Jan 15
PB mtg:
Bill/Brian/John: due Dec 15 - Proposed LDR Text amendment Language needs to include aLL
sections being amended & how.
McLisa: Dec 28 & Jan 7 Text Amendment LegaL Ads published in Okee News (deadline is Dec
22).
(the 1" reading cannot be at the Jan 20 Council meeting as the title to ordinance has be
to published at Least 7 days prior)
BILL/John: Jan 20 ordinance to Clerks office for advertisement
Melisa: Jan 25 Text Amendment Ord Display Ad published in Okee News (deadline is Jan 21)
Feb 3 - 1St reading & public hearing on Text Amendment Agenda
Melisa: Feb 11 Text Amendment Ord Display Ad published in Okee News (deadline is Feb 9)
Feb 17 - FinaL reading/adoption & public hearing on Text Amendment Agenda
Thanks
Bw
From: Wm. F. Brisson[mailto:bill(a)larueplanning.com]
Sent: Monday, December 08, 2014 9:21 AM
To: johncook@cityofokeechobee.com
Cc: 'Brian Whitehall'; 'Melisa Jahner'
Subject: Ordinance for LDR text amendments
Good Morning John,
Attached is my draft of the ordinance for the LDR text amendments to be considered by the Planning
Board/LPA on January 15, 2014 and possibly to be heard at first reading by the City Council on
January 20th. Please review the draft and make any changes you feel are necessary and forward the
final to me, Melisa, and Brian.
If you have any questions, please call me at 239-204-5283.
Thanks.
r�tiarx x5,sz .fes, ,�,,;;uitt��AsaAW{t.Ytta,
2
Melisa Jahner
From: Wm. F. Brisson <bill@larueplanning.com>
Sent: Monday, December 08, 2014 9:21 AM
To: johncook@cityofokeechobee.com
Cc: 'Brian Whitehall'; 'Melisa Jahner'
Subject: Ordinance for LDR text amendments
Attachments: Draft Ord. doc
Good Morning John,
Attached is my draft of the ordinance for the LDR text amendments to be considered by the Planning
Board/LPA on January 15, 2014 and possibly to be heard at first reading by the City Council on
January 20th. Please review the draft and make any changes you feel are necessary and forward the
final to me, Melisa, and Brian.
If you have any questions, please call me at 239-204-5283.
Thanks.
ORDINANCE NO. ????
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, INCLUDING
SECTION 66-1 DEFINITIONS, BY MODIFYING EXISTING DEFINITIONS OR
ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT GAMING
CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CETER,
AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE
WITH FUEL PUMPS, GROUP HOME, MOTEL, PET GROOMING, RECOVERY
CENTER/SOBER HOME, SERVICES (MECHANICAL AND REPAIR),
STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST,
TEMPORARY PORTABLE STORAGE CONTAINER, AND TEMPORARY USE;
AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF
SPECIAL EXCEPTION USES IN THE CLT ZONING DISTRICT; AMENDING
SECTION 90-282 BY ADDING TAXIDERMIST TO THE LIST OF PERMITTED 60'
USES IN THE CHV ZONING DISTRICT; AMENDING SECTION 90-252 BY a FU v
ADDING PET GROOMING TO THE LIST OF PERMITTED USES IN THE CLT)5
ZONIG DISTRICT; AMENDING SECTION 90-282 BY ADDING PET GROOMING
TO THE LIST OF PERMITTED USES IN THE CHV ZONING DISTRICT;
AMENDING ARTICLE IV, DIVISION 9, SPECIAL EXCEPTION AND
SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW SECTION 90-704
ENTITLED PET GROOMING SETTING FORTH REQUIREMENTS FOR PET
GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review
of its ordinances and land development regulations in order to address certain
inconsistencies or outdated regulations contained in the codes; to make
amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the
public and to make the code a more consistent and easier to understand
document; and
WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently
reviewed the Code of Ordinances and Land Development Regulations to
determine areas of improvement; has discussed same at public meetings; and
has recommended certain changes, amendments or modifications to the code to
present to the City Council for ordinance adoption; and
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:
Language to be added is underlined
Language to be deleted is Ordinance No. ???? Page 1 of 5
Section 1.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
66, Section 66-1 to include the following definitions:
Adult gaminq center means an establishment that provides consoles seating or
stations for an individual to participate in video gaming, internet gaming or other
forms of games of chance where the individual is charged for the use of the video
console or computer game or station and prizes are awarded in any form. This
definition specifically excludes games of skill and entertainment as are typically
found in video and entertainment arcades catering primaries to minors.
Alcohol and drug rehabilitation center/detox center means a facility providing an
active rehabilitation treatment program run throughout the day, where the residents
receive intensive individual and group counseling for their substance abuse.
Residents typically stay for one to six months.
Auction house (indoor) means an establishment where objects of artfurniture and
other goods are offered for sale to persons who bid on the object in competition with
each other. This definition does not include outdoor or open-air auctions where
vehicles, farm and construction equipment and the like are auctioned.
Convenience store means a retail establishment offering for sale prepackaged food
products, beverages, household items, newspapers and magazines sandwiches
and other freshly prepared foods for consumption off the premises.
Convenience store with fuel pumps means a convenience store providing gasoline
and/or diesel fuel pumps for the fueling of automotive vehicles and which may also
stock within the principal structure and offer for sale prepackaged motor oil and
other small prepackaged automotive -related accessories.
Group home means a building designed or used as permanent or temporary living
quarters for six or more unrelated persons in which individual cooking facilities are
not provided. Included in such designation, but not limited to, are such facilities as
residential facilities and comprehensive transitional education programs under F.S.
ch. 393; domestic violence centers under F.S. ch. 415; community residential
homes in excess of six persons under F.S. ch. 419; and such similar facilities as
authorized by law, and for which licensing is first required by law, and for which
licensing is first required by the state department of children and families and/or the
agency for health care administration, or other state or federal agency. This
definition specifically excludes alcohol and drug rehab ilitation/detox centers and
recovery centers/sober homes.
Motel means an establishment containing sleeping accommodations for transient
guests, which has individual entrances from the outside to serve each room,
generally with no provisions made for cooking in individual rooms, and which may
have a restaurant and indoor recreation as accessory uses. Recovery
centers/sober homes are not motels.
Pet.groomin.g means an establishment providing for the hygienic care and cleaning
of a domestic pet, usually dogs, cats and sometimes birds and includes the
preparation or enhancement of a pet's physical appearance for "showing" or other
types of competition.
Recovery center/sober home means a facility, used by addicts recovering from
substance abuse, which serves as an interim environment between rehab and a
return to their former lives. These facilities provide a safe and supportive place in
which people can live while they are in recovery and are primarily meant to provide
housing for people who have must come out of rehab (or recovery centers) and need
a place to live that is structured and supporting for those in recovery. A recovery
Language to be added is underlined
Language to be deleted is strusk throuo Ordinance No. ???? Page 2 of 5
center/sober home is not a group home because licensing is not licensed by a state
or federal agency.
Services, mechanical and repair means establishments including machinery servic-
ing and repair, or service garage, motor vehicle paint and/or body shop, motor
vehicle or trailer rental, veterinarian printer, allGtion house, salvage yaFa and
similar service uses.
Storefront church, means a house of worship located in a one and only one unit in a
multi -use commercial building or a commercial shopping center containing at least
three individual units.
Structure, temporary means a structure that is erected without any foundation or
footings and is removed when the designated time period activity or use for which
the temporary structure was erected has ceased.
Taxidermist means an establishment wherein the act of reproducing a life -like three-
dimensional representation of an animal for permanent display is undertaken. In
some cases, the actual skin (including the fur, feathers or scales) of the specimen is
preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials."
Temporary portable storage containermeans a self-contained storage unit designed
to be delivered to a site by a separate vehicle where it is removed from the vehicle
and left at the site. Once on the site, it is used as temporary, short-term storage
shelter. It may also be loaded with material and then transported by separate
vehicle to an off-site storage location for longer periods of time."
Use, temporary means an outdoor use or activity which is permitted only for a
limited time such as promotional events, tent sales, charity events, craft or art fairs,
car shows, or other similar uses. Temporary uses are subject to specific regulations
and permitting procedures."
Section 2.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-253 by adding "Taxidermist" to the list of
Special exception uses in the CLT zoning district as follows:
Sec. 90-253. Special exception uses ... (19) Taxidermist
Section 3.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Taxidermist" to the list of
Permitted uses in the CHV zoning district as follows:
Sec. 90-282. Permitted Uses.... (14) Taxidermist
Section 4.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-252 by adding "Pet grooming" to the list of
Permitted uses in the CLT zoning district as follows:
Sec. 90-252. Permitted Uses.... (6) Pet aroomin
Language to be added is underlined
Language to be deleted is struck thrGtigh Ordinance No. ???? Page 3 of 5
Section 5.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE III, Section 90-282 by adding "Pet grooming" to the list of
Permitted uses in the CHV zoning district as follows:
Sec. 90-282. Permitted Uses, ... (15) Pet grooming
Section 6.
That the City Council for the City of Okeechobee, Florida amends herein Chapter
90, ZONING, ARTICLE IV, by adding a new Section 90-704 entitled "Pet grooming"
to read as follows:
Sec. 90-704. Pet aroomin
Pet grooming requirements shall be as follows:
(1) Lot and structure requirements shall be as by the district in which the
use is located.
(2) Additional requirements shall be as by the district in which the use is
located.
(3) Special conditions and limitations.
a. No pets shall be kept on the premises overnight.
b. Pets shall at all times be kept within the principal building_
Section 6. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 7. 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 8. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this day of
2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this day of
, 2015
James E. Kirk, Mayor
Language to be added is underlined
Language to be deleted is Ordinance No. ???? Page 4 of 5
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined
Language to be deleted is strus-k throt"jh Ordinance No. ???? Page 5 of 5
Ad &+eS +.
Melisa Jahner 15-00FTp wd04t C -
From: Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent: Monday, November 24, 2014 9:41 AM
To: Brian Whitehall'; 'Jackie Dunham'; 'Patty Burnette'; City -John Cook 2nd
Cc: 'Melisa Jahner'; 'Robin Brock '; 'Brisson, Bill'
Subject: Deadlines for Jan LDR Text Amendments
Please note the following deadlines in order to have these items considered at the Jan 15 PB mtg:
Bill/Brian/John: due Dec 15 — Proposed LDR Text amendment language needs to include all sections being amended &
how.
(the 1St reading cannot be at the Jan 20 Council meeting as the title to ordinance has be to published at least 7 days
prior)
Bill/John: Jan 20 ordinance to Clerks office for advertisement
',�:r Metisb: Jan 25 Text Amendment Ord Display Ad published in Okee News'(deadline,is
Feb 3 —1St reading & public hearing on Text Amendment Agenda
114elisa: Feb 11 Text Amendment Ord Display Ad published in Okee News (deafine is Feb 9
Feb 17 — Final reading/adoption & public hearing on Text Amendment Age
,pd
Zan& 5r wne4t-iiamCatea, CHIC
CXy clef-1clPersavtvte lAdmlv,�strator
c qty Of o keechaiep,
55 so th,ea4t 31 Avevtt t.e,
OkeeJwbe-&, FL 34974
863-763-3372 ext215
863-763-1686 fa�w
863-697-0345 cell
atyofokeechobe,ex cavw
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
From: Brian Whitehall [ma iIto: bwhitehall@cityofokeechobee.com]
Sent: Wednesday, November 19, 2014 4:04 PM
To: Jackie Dunham; 'Patty Burnette'
Cc: Lane Gamiotea; Melisa Jahner; Robin Brock ; 'Brisson, Bill'
Subject: FW: Definition of Taxidermy, etc.
As we discussed, the LDR change s/b placed on the January PB meeting agenda (along w/ the Pet grooming definition
and how it's categorized).
I see the planning Board mtg is Jan 15 and the City Council meeting Jan 201h.
From: Wm. F. Brisson[mailto:bill@b1arueplanning.com]
Sent: Wednesday, November 12, 2014 1:48 PM
To: 'Brian Whitehall'; 'Lane Gamiotea'; 'Jackie Dunham'
Cc: 'Gloria Pellito'
Subject: Definition of Taxidermy, etc.
Please see attached memo concerning needed changes to the LDC pertaining to Taxidermy. These
changes will be necessary if the Lightsey SSA and Rezone applications are approved. However,
they should probably be undertaken even in the unlikely event the Lightsey applications are denied.
tf 1k
Melisa Jahner
From: Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent: Friday, November 14, 2014 2:59 PM
To: City-Melisa Jahner
Subject: FW: Definition of Taxidermy, etc.
Attachments: Memo re Taxidermy def, SE in CLT and Permitted use ',
You can use this to start an LDR file on this 1 too (also add the 10/16/14 PB minutes to it)
LG�f'LPi�a�vrt-�ar�niatea; CHIC
C Xy Clerk,(PersoT vt&b Ad*n±,�ato r
Cay of oke�
55 Sau,th.ea4t 3111 AveYt,.
Oke ,<, ate, FL 34974
863-763-3372 eact215
863-763-1686 fax/
863-697-0345 cea
atyo fokR,e, e. co-vm
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
From: Wm. F. Brisson[mailto:bill(cblarueplanning.com]
Sent: Wednesday, November 12, 2014 1:48 PM
To: 'Brian Whitehall'; 'Lane Gamiotea'; 'Jackie Dunham'
Cc: 'Gloria Pellito'
Subject: Definition of Taxidermy, etc.
Please see attached memo concerning needed changes to the LDC pertaining to Taxidermy. These
changes will be necessary if the Lightsey SSA and Rezone applications are approved. However,
they should probably be undertaken even in the unlikely event the Lightsey applications are denied.
Sill
-t. `.§ar.,,r.-asri k�aycn lcf.
ti:�nm
V. Bd—, AICP
fPf_
r+�x ANrxe, f't.:•.K:7 4»�rei»e�:sryzL.uw�rnen
Planning
Management Services, Inc,.
Memorandum
To: Brian Whitehall, City Administrator
Lane Gamiotea, City Clerk
Jackie Dunham, General Services
From: Bill Brisson
Date: November 12, 2014
Subject: Taxidermy: definition, listing as SE in CLT District, and as Permitted use in CHV
As a result of the Planning Board's recommendation for approval, of Petitions 14 -002 -SSA and
14-002-R, as modified by the Planning Board, at the October 16th public hearing, it would be
prudent to add a definition for "Taxidermy" to the LDRs and add "Taxidermy" to the list of
Special Exception Uses in the CLT District and to the list of Permitted uses in the CHV District.
Since the City Council public hearings on the above referenced petitions have been postponed
until the January 20th City Council meeting, addressing these two issues could be held at the
December Planning Board meeting or even, if necessary, at the January meeting. In anticipation
of this, following are proposed changes to the LDRs to address these issues:
1. Amend Sec. 66-1, Definitions, of the Land Development Regulations by adding a definition
for "Taxidermy" to read as follows:
"The act of reproducing a life -like three-dimensional representation of an animal for perman-
ent display. In some cases, the actual skin (including the fur, feathers or scales) of the
specimen is preserved and mounted over an artificial body. In other cases, the specimen is
reproduced completely with man-made materials."
2. Amend Sec. 90-253, by adding the term "Taxidermy as item (19) to the list of Special
exception uses in the CLT Zoning District.
3. Amend Sec. 90-282, by adding the term "Taxidermy as item (13) to the list of Permitted uses
in the CHV Zoning District.
I look forward to hearing any comments you may have.
Bill
Providing Planning and Management Solutions for Local Governments Since 1988
1375 Jackson Street, Suite 206 Fort Myers FL 33901 239-334-3366 infonlarueplanning.com
lk
MEMO
November 13, 2014
Cc: Brian Whitehall; Kim Barnes; Lane Gamiotea
Re: city code/dog grooming
As we know, this type of business has been an ongoing issue in the City, since it is not
specifically addressed in the zoning ordinances. In the past, we have made exceptions for uses
that do not exactly fit within the code, (see attached letter) but a long term solution would be in
order.
We always begin in the definition section of the LDR's, and personal services are clearly
directed to services performed for people; also, veterinary services are clearly directed to the
examination and treatment of animals. I would not suggest that services at a beauty salon and dog
groomer are so closely related that we could use either one of these categories, so neither one of
these categories will work for us.
My suggestion is to place the item the next planning board meeting, and fashion an
ordinance that creates permitted and special exception uses for dog groomers. Perhaps a
permitted use in light commercial, and special exception use in the same districts as personal
service would be appropriate.
As far as dealing with an applicant for a BTR, the code does state that the zoning
administrator can make the call on whether or not to grant such a use, and an appeal of that
adverse decision would go to the board of adjustments. I do not recall how we came to determine
that the city administrator was also zoning administrator, since it does not appear to be in the
code, so perhaps that should be formalized by the zoning board as well.
A
Jcook
City Attorney c -7
r
February 16, 2010
Salon 822
208 SW 7`" Avenue
Okeechobee, Fl. 34972
att:Juanita Jasper
Dear Ms.Jasper:
The City of Okeechobee has permitted your establishment to operate at the above address,
with the primary business being a salon, offering personal services and hairstyling to the public.
At the time of your application, it was determined that the nature of your business did not
exactly fit within zoning regulations under the City's land development code, as the zoning
district in which you operate does not specifically permit your type of business.
We did determine however, that the business you contemplated was not significantly
different from previous establishments in that area, and advised you that we believed we could
permit your business under a broad definition of permitted uses within that zoning district. Based
upon that opinion, you then remodeled the location and spent a sizable amount of money for the
renovation, which we hope will help your business succeed for you.
However, the City does see the need to further define the permitted uses within your
zoning district, which requires an amendment to our land development regulations, through
workshops or meetings with our zoning and planning board, and ultimately, the city council.
Pending that decision, the City places you on notice that your business would be considered a
non -conforming establishment under our codes. This means that you could not materially enlarge
the business; could not sell or assign the business; or sub -lease or rent the business, with that
February 16, 2010
Page 2
same use to any other person or entity. So long as you operate under your current size and scope,
you may continue the business in your name indefinitely. In the interim, if the City does change
the codes to permit your kind of business in that zoning district, then of course you would no
longer be non -conforming, and free to do what you will with the business.
Therefore, we will have you execute an acknowledgment of this letter, indicating you
understand the limitations placed upon the location, and your inability to transfer this business for
the time being. I would suggest you keep in touch and monitor the city council agenda to
determine when we make the changes to the current codes, and call me if you have any questions.
Kindest Regards,
John R. Cook
City Attorney
JRC/kimAcknowledged: JUAI`IITA JASPER
Date:
cc: Brian Whitehall
Kim Barnes