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2015-02-03352 (7u Pi,,iee my Srxa(1it-L tea I. CALL TO ORDER - Mayor February 3, 2015, City Council Regular Meeting, 6:00 P.M. CITY OF OKEECHOBEE FEBRUARY 3, 2015 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION II. OPENING CEREMONIES: Invocation to be given by Reverend Emmaline Harris, Holy Ghost Crusade; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the January 20, 2015, Regular Meeting. PAGE 1 OF 7 Mayor Kirk called the February 3, 2015, Regular City Council Meeting to order at 6:03 P.M. In the absence of Reverend Harris, Council Member Watford offered the invocation; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present (exited Chambers at 6:15 P.M.) Present Present Present Present Present Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item C, Exhibit 4, was added. Motion and second by Council Members Chandler and Watford to dispense with the reading and approve the Summary of Council Action for the January 20, 2015, Regular Meeting. There was no discussion. 352 (7u Pi,,iee my Srxa(1it-L tea I. CALL TO ORDER - Mayor February 3, 2015, City Council Regular Meeting, 6:00 P.M. CITY OF OKEECHOBEE FEBRUARY 3, 2015 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION II. OPENING CEREMONIES: Invocation to be given by Reverend Emmaline Harris, Holy Ghost Crusade; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the January 20, 2015, Regular Meeting. PAGE 1 OF 7 Mayor Kirk called the February 3, 2015, Regular City Council Meeting to order at 6:03 P.M. In the absence of Reverend Harris, Council Member Watford offered the invocation; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present (exited Chambers at 6:15 P.M.) Present Present Present Present Present Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item C, Exhibit 4, was added. Motion and second by Council Members Chandler and Watford to dispense with the reading and approve the Summary of Council Action for the January 20, 2015, Regular Meeting. There was no discussion. i 1 FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 2 OF 7 353 V. MINUTES CONTINUED A. Motion to dispense with the reading and approve the Summary of Council Action for the January 20, 2015, Regular Meeting continued. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk A. 1. a) Motion to read by title only, proposed Ordinance No. 1118, Rezoning Petition No. 14- 002 -R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family -One, Commercial Professional Office, and Holding, to Light Commercial - Planning Consultant (Exhibit 2). (Planning Board recommending approval) b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1118 by title only. 2. a) Motion to adopt proposed Ordinance No. 1118. b) Public discussion and comments. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:05 P.M. Motion and second by Council Members Watford and Ritter to read by title only, proposed Ordinance No. 1118, for Rezoning Petition No. 14- 002 -R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family -One (RSF -1), Commercial Professional Office (CPO), and Holding (H), to Light Commercial (CLT). Mayor Kirk noted a change in the order of the vote and reading of the ordinance title appropriately. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR -YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1118, by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE, COMMERCIAL PROFESSIONAL OFFICE AND HOLDING TO LIGHT COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Motion and second by Council Members Chandler and O'Connor to adopt proposed Ordinance No. 1118. Rezoning Petition No. 14 -002 -R requests to rezone, Lots 1 to 6 of Block 116, Lots 1 to 6 and 10 to 12 of Block 117, from RSF -1, Lots 4 to 6 of Block 117, from CPO, all within the City of Okeechobee Subdivision, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0.490 acre parcel from Holding, all to CLT. The properties are within the 600 and 700 Blocksbetween Northeast 3rd and 4' Streets This petition coincides with Comprehensive Plan Future Land Use Map (FLUM) Amendment Application No. 14- 002 -SSA, adopted January 20, 2015. The owners intend to construct a new building, expanding the existing taxidermy shop. At the Planning Board Public Hearing, the applicant amended the request from Heavy Commercial (CHV) to CLT. Thirty -three letters were mailed to surrounding property owners. On October 1, a sign was posted on all three properties giving notice of the matter. There were no objections received before nor at the Planning Board meeting. FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 6 OF 7 357 VII. NEW BUSINESS CONTINUED A. Consider a Technical Review Committee parking reduction recommendation regarding Application No. 14- 005 -TRC continued. C. ITEM ADDED: Motion to ratify Mr. Santiago's appointment as the Fifth Member to the City General Employees /Okeechobee Utility Authority Pension Board of Trustees, term being February 2, 2015 to December 31, 2019 - Clerk Gamiotea (Exhibit 4). This three -lot site is difficult with the building completed in 1963 as the local post office. Within the block there are homes on two lots, one built in 1920, the other in 1936. Since the post office was built, the other seven lots have developed with commercial uses and State Road 70 East was widened from two to four lanes. Northeast 2nd Avenue runs along the West boundary of this block and is a 70 -foot wide improved road with sufficient space to angle -park along on both sides. The block also has a 15 -foot wide alleyway running East to West, dividing the lots evenly (1 to 6 on the North half, 7 to 12 on the South half). Mr. Dobbs asked whether the owner could obtain a 50 percent parking reduction in an effort to save time and money should the initial endeavor be successful enough to provide the means of expanding the restaurant size or utilize the storage floor area in another capacity. The 43 percent authorizes for only the specific mixed floor allocation as presented. Mr. Zakhary has paid the fees for a special exception, two site plan reviews, and the engineering and traffic study costs, in addition to the amount required for site and facility improvements. The Mayor and Council noted their understanding of the economic importance this investment will bring to the community. Further clarifying that the City made a considerable concession with approving the special exception, now they are being asked to consider another extensive concession. A compromise was reached that the owner could bypass resubmitting to the TRC for additional parking reductions at this site by approaching the Council at a later date. Mayor Kirk asked whether there were any comments from the public. There were none. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. During the course of the discussion above, it was briefly discussed that parking needs to be addressed citywide, but especially within the commercial concentrated areas. City Staff continues to make concessions that are consistent and within the boundaries of the regulations for businesses to relocate or expand. Many municipalities make their downtown work very successfully with multiple uses, small areas, tight spaces and no parking. It can be a deterrent and missed opportunities for the City when the regulations are too stringent, they need to be reviewed and see what amendments or modifications can be made to ease the problems. Mayor Kirk asked to consider Item C, Exhibit 4 at this time. Motion by Council Member Watford to ratify Mr. Jose Santiago's appointment as the Fifth Member to the City of Okeechobee General Employees /Okeechobee Utility Authority Pension Board of Trustees, term being February 2, 2015 to December 31, 2017; seconded by Council Member Ritter. This fills Linda Tewksbury's vacancy. The Council expressed their gratitude for his willingness to serve. 358 VII. NEW BUSINESS CONTINUED C. ITEM ADDED: Motion to ratify Mr. Santiago's appointment as the Fifth Member to the City General Employees /Okeechobee Utility Authority Pension Board of Trustees continued. B. Consider adding a period of time to comment at the end of the agenda for future meetings - Council Member Ritter. VIII. ADJOURN MEETING - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATT ST: � James E. Kirk, Mayor L Lane Gamiotea, CMC, City Clerk February 3, 2015 - REGULAR MEETING - PAGE 7 OF 7 VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Based on his attendance at other agency's meetings over the years, Council Member Ritter asked to consider modifying the agenda to include a time for comments, and how it could provide a useful tool of communication. While the Mayor and Council understood his request, it was explained, after many years of trials and tribulations, the agenda format was set up strategically to conduct an orderly meeting. In addition, having a set agenda gives the public advance notice of what is to be discussed, gives the Council the opportunity to research matters and prepare appropriately for the meeting. Several Council Members and the Mayor shared their experiences of when the City had this section on the agenda, and while the concept can be used in a positive manner, that was not always the case. Many times the item was used to ambush fellow Council Members or Staff, creating marathon meetings. They also shared times they witnessed unruly and chaotic meetings of other agencies which practiced open comments. Mayor Kirk offered, at the beginning of the meeting, when he asks for the addition, deferral and /or withdrawal of items, that would be the opportunity to ask to add an item not only for action but for discussion as well. Mayor Kirk also conveyed his respect for the suggestion and consideration of the public. No official action was required. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:23 P.M. The next regular scheduled meeting is February 17, 2015. i 1 FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 2 OF 7 353 V. MINUTES CONTINUED A. Motion to dispense with the reading and approve the Summary of Council Action for the January 20, 2015, Regular Meeting continued. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk A. 1. a) Motion to read by title only, proposed Ordinance No. 1118, Rezoning Petition No. 14- 002 -R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family -One, Commercial Professional Office, and Holding, to Light Commercial - Planning Consultant (Exhibit 2). (Planning Board recommending approval) b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1118 by title only. 2. a) Motion to adopt proposed Ordinance No. 1118. b) Public discussion and comments. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:05 P.M. Motion and second by Council Members Watford and Ritter to read by title only, proposed Ordinance No. 1118, for Rezoning Petition No. 14- 002 -R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family -One (RSF -1), Commercial Professional Office (CPO), and Holding (H), to Light Commercial (CLT). Mayor Kirk noted a change in the order of the vote and reading of the ordinance title appropriately. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR -YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1118, by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE, COMMERCIAL PROFESSIONAL OFFICE AND HOLDING TO LIGHT COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Motion and second by Council Members Chandler and O'Connor to adopt proposed Ordinance No. 1118. Rezoning Petition No. 14 -002 -R requests to rezone, Lots 1 to 6 of Block 116, Lots 1 to 6 and 10 to 12 of Block 117, from RSF -1, Lots 4 to 6 of Block 117, from CPO, all within the City of Okeechobee Subdivision, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0.490 acre parcel from Holding, all to CLT. The properties are within the 600 and 700 Blocksbetween Northeast 3rd and 4' Streets This petition coincides with Comprehensive Plan Future Land Use Map (FLUM) Amendment Application No. 14- 002 -SSA, adopted January 20, 2015. The owners intend to construct a new building, expanding the existing taxidermy shop. At the Planning Board Public Hearing, the applicant amended the request from Heavy Commercial (CHV) to CLT. Thirty -three letters were mailed to surrounding property owners. On October 1, a sign was posted on all three properties giving notice of the matter. There were no objections received before nor at the Planning Board meeting. 354 VI. PUBLIC HEARING CONTINUED A. 2. b) Public discussion and comments on proposed Ordinance No. 1118 continued. FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 3 OF 7 Block 117 comprises 12 lots, bounded on the North by Northeast 4th Street (an improved paved roadway), on the South by Northeast r Street (an improved paved roadway), on the East by Northeast 6th Avenue (an improved paved roadway), and to the East by Northeast 7th Avenue (an unimproved roadway). Lots 1 to 3, and 10 to 12, are vacant, although there is a dilapidated storage shed on Lots 2 and 3. Lots 4 to 6 already have a Zoning of CPO, Future Land Use (FLU) classification of Commercial (C), with an existing use of an office building. Lots 7 to 9 have a RSF -1 Zoning, FLU of Single Family (SF) with an existing use of a home built in 1950. To the North, is Block 114 that is entirely vacant, with a Zoning of RSF -1 and FLU of SF. Looking South is Block 146 that has four homes on the North -half, two built in 1959, the other two built in 1960, the Zoning is RSF -1, with FLU as SF. To the East is Block 116, the South -half has a Zoning of CLT, FLU of C and there is an existing office building. This property is also the sight of the former Lightsey Fish House Market. To the West is Block 118 with a Zoning of RSF -1 and FLU of SF. The South -half has two homes, one built in 1959, the other in 1960. The North -half is vacant, was a former location of Watford Trucking, Inc., the Ft. Drum Corporation owns the property. Block 116 comprises 12 Tots, bounded North and South by the same streets as Block 117 noted above. The unimproved roadway of Northeast 7th Avenue is the drive used to access the Lightsey's facilities, if improved it would run between Blocks 116 and 117. There is not a roadway to the East of these lots, but an unplatted parcel created after the abandoning of Riverside Drive. Lot 1 is vacant. A home built in 1951 is on Lots 2 and 3; and Lots 4 to 6 have several structures that include a 10,209- square foot warehouse built in 1964, a 988 - square foot cooler rebuilt in 2012, and a 930 - square foot building remodeled in 1999, with two accessory use type structures both being 20 -feet by 12- feet. This is the main area used for the Lightsey business. Lots 7 to 12 have a Zoning of CLT, FLU classification of C, with an existing use of an office building (formerly Lighstey's Fish Market). To the North, is Block 115 that has a home on it built in 1979, with a Zoning of RSF -1 and FLU of SF. To the South is Block 147 of which the North -half is Zoned CLT, FLU as C, and is a large parking lot used to serve the Nunez's multi -acre commercial development. Looking East and West are properties included with this petition. The final piece of the subject property is an unplatted 0.490 acre parcel with a Zoning of H, FLU of C and is vacant. To the North is another vacant unplatted parcel with RSF -1 Zoning and FLU of SF. Looking South is an unplatted vacant parcel with a Zoning of CLT, and FLU of C. To the East is Taylor Creek. To the West is Block 116 included with this petition. Planning Staff is recommending denial. The Planning Board voted 5 to 2, recommending approval of the application. Those not in favor were concerned with changing the entire area to Commercial, and suggested rezoning only the property where the office and taxidermy operations take place. Council Member Watford disclosed for the record he is a neighbor of the applicant, he discussed this matter with them and with Mr. Ritter when he was a member of the Planning Board. FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 4 OF 7 355 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A. 2. b) Public discussion and comments on proposed Ordinance No. 1118 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. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - 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 VOTE 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 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 111-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 n.3M.P� {1 .` `�asa.,'b.. VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED B. 2. a) Motion to approve the first reading of proposed Ordinance No. 1119 (Revised Version). b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor VII. NEW BUSINESS A. Consider a Technical Review Committee parking reduction recommendation regarding Application No. 14- 005 -TRC, submitted by Motion and second by Council Members O'Connor and Ritter to approve the first reading of proposed Ordinance No. 1119 (revised version). 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. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. 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 Albert Zakhary, PMA Okeechobee, Inc. - Steven L. Dobbs, Engineering Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records), to utilize five parking spaces along the East Consultant (Exhibit 3). side of Northeast 2nd Avenue, with the 17 off- street spaces, as recommended by the Technical Review Committee (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. FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 6 OF 7 357 VII. NEW BUSINESS CONTINUED A. Consider a Technical Review Committee parking reduction recommendation regarding Application No. 14- 005 -TRC continued. C. ITEM ADDED: Motion to ratify Mr. Santiago's appointment as the Fifth Member to the City General Employees /Okeechobee Utility Authority Pension Board of Trustees, term being February 2, 2015 to December 31, 2019 - Clerk Gamiotea (Exhibit 4). This three -lot site is difficult with the building completed in 1963 as the local post office. Within the block there are homes on two lots, one built in 1920, the other in 1936. Since the post office was built, the other seven lots have developed with commercial uses and State Road 70 East was widened from two to four lanes. Northeast 2nd Avenue runs along the West boundary of this block and is a 70 -foot wide improved road with sufficient space to angle -park along on both sides. The block also has a 15 -foot wide alleyway running East to West, dividing the lots evenly (1 to 6 on the North half, 7 to 12 on the South half). Mr. Dobbs asked whether the owner could obtain a 50 percent parking reduction in an effort to save time and money should the initial endeavor be successful enough to provide the means of expanding the restaurant size or utilize the storage floor area in another capacity. The 43 percent authorizes for only the specific mixed floor allocation as presented. Mr. Zakhary has paid the fees for a special exception, two site plan reviews, and the engineering and traffic study costs, in addition to the amount required for site and facility improvements. The Mayor and Council noted their understanding of the economic importance this investment will bring to the community. Further clarifying that the City made a considerable concession with approving the special exception, now they are being asked to consider another extensive concession. A compromise was reached that the owner could bypass resubmitting to the TRC for additional parking reductions at this site by approaching the Council at a later date. Mayor Kirk asked whether there were any comments from the public. There were none. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. During the course of the discussion above, it was briefly discussed that parking needs to be addressed citywide, but especially within the commercial concentrated areas. City Staff continues to make concessions that are consistent and within the boundaries of the regulations for businesses to relocate or expand. Many municipalities make their downtown work very successfully with multiple uses, small areas, tight spaces and no parking. It can be a deterrent and missed opportunities for the City when the regulations are too stringent, they need to be reviewed and see what amendments or modifications can be made to ease the problems. Mayor Kirk asked to consider Item C, Exhibit 4 at this time. Motion by Council Member Watford to ratify Mr. Jose Santiago's appointment as the Fifth Member to the City of Okeechobee General Employees /Okeechobee Utility Authority Pension Board of Trustees, term being February 2, 2015 to December 31, 2017; seconded by Council Member Ritter. This fills Linda Tewksbury's vacancy. The Council expressed their gratitude for his willingness to serve. 358 VII. NEW BUSINESS CONTINUED C. ITEM ADDED: Motion to ratify Mr. Santiago's appointment as the Fifth Member to the City General Employees /Okeechobee Utility Authority Pension Board of Trustees continued. B. Consider adding a period of time to comment at the end of the agenda for future meetings - Council Member Ritter. VIII. ADJOURN MEETING - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATT ST: � James E. Kirk, Mayor L Lane Gamiotea, CMC, City Clerk February 3, 2015 - REGULAR MEETING - PAGE 7 OF 7 VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Based on his attendance at other agency's meetings over the years, Council Member Ritter asked to consider modifying the agenda to include a time for comments, and how it could provide a useful tool of communication. While the Mayor and Council understood his request, it was explained, after many years of trials and tribulations, the agenda format was set up strategically to conduct an orderly meeting. In addition, having a set agenda gives the public advance notice of what is to be discussed, gives the Council the opportunity to research matters and prepare appropriately for the meeting. Several Council Members and the Mayor shared their experiences of when the City had this section on the agenda, and while the concept can be used in a positive manner, that was not always the case. Many times the item was used to ambush fellow Council Members or Staff, creating marathon meetings. They also shared times they witnessed unruly and chaotic meetings of other agencies which practiced open comments. Mayor Kirk offered, at the beginning of the meeting, when he asks for the addition, deferral and /or withdrawal of items, that would be the opportunity to ask to add an item not only for action but for discussion as well. Mayor Kirk also conveyed his respect for the suggestion and consideration of the public. No official action was required. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:23 P.M. The next regular scheduled meeting is February 17, 2015. kliDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 1;-, ( 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. Katrina Elsken Sworn to and subscribed before me this • )('`° *1"--- day of Notary Public, State of Florida at Large AD ti�Y PY ANGIE BRIDGES ill IA MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 1of',OP Bonded Thru Notary Public Underwriters 3- jo ( 3 m[oLite ' -Paz C010.13 PUBLIC NOTICE CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the Gty Council for the City of Okeecho- bee will conduct a regular meeting on Tues, Feb 3, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeecho- bee, FL. The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com or by calling the Office of the City Administrator, 863 - 763 -3372 0212. 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 indudes 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•specal accommodation to par- ticipate in this proceeding, contact the Oty 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. By: Mayor James E. Kirk • City Clerk Lane Gamiotea, CMC 469486 ON 1/30/2015 - _ 00, Pisneetin9 Spit it &n€lLe eo CITY OF OKEECHOBEE FEBRUARY 3, 2015 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA 294.7L,4, I. CALL TO ORDER - MAYOR: February 3, 2015, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk ✓ Council Member Noel Chandler Council Member Mike O'Connor ✓ Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Brian Whitehall v City Attorney John R. Cook ✓ City Clerk Lane Gamiotea ✓ Deputy Clerk Melisa Jahner Police Chief Denny Davis ,/ Fire Chief Herb Smith ✓✓ Public Works Director David Allen P1. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. 4 MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the January 20, 2015 Regular Meeting. to ,C,t,0 - � ou VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AND FIRST READING OF ORDINANCE - Mayor Kirk oa; Q,"'�, A.1.a.) Motion to read by title only proposed Ordinance No. 1118, Rezoning Petition No. 14-002-R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family -One, Commercial Professional Office and Holding to Light Commercial (Planning Board recommends approval) - City Planning Consultant (Exhibit 1). b) City Attorney to read proposed Ordinance No. 1118 by title only. c) Vote on motion to read by title only. AO.,t.J, _e. / -tu)t_ , L. 2.a) Motion to adopt proposed Ordinance No. 1118. e___,� /I%? /y)I r ci`f, b) Discussion and comments. 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 (Planning Board recommends approval) - City Planning Consultant (Exhibit 2). b) City Attorney to read proposed Ordinance No. 1119 (Revised Version) by title only. ✓f c) Vote on motion to read by title only and set final public hearing date. GJ 6 -2 . -rx_r ,c 6,tyc T, 2.a) Motion to approve the first reading of proposed Ordinance No. 1119 (Revised Version). /) i. -k b) Discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING February 3, 2015 PAGE 2 OF 3 February 3, 2015 PAGE 3 oF3 VII. NEW BUSINESS A. B. Consider a Technical Review Committee parking reduction recommendation regarding Application No. 14- 005 -TRC, submitted by Albert Zakhary, PMA Okeechobee, Inc. - Steven L. Dobbs, Engineering Consultant (Exhibit 3). Consider adding a period of time to comment at the end of the agenda for future meetings - Councilman Ritter. ADJOURN MEETING ,444/ JA--v'LQ o l g e S--tt-4,47 cd-0 P Lt_ (r .A;- PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance 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, 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. 4,4il74Ach4 Pi) Zit-A c-u-d-d-e-ze C ALL; //6 b N a — 4,P;CP1- afrfte ()L' aiA 6(1/ n-JA- 464 Pg6 }61- Wt-e.io a-4 /1)-->V_ o AD-rx-ea lLt0.-C4 /4-LO /a Pe) /LS h 1-14 /Lei Itt-U#1 -c7 "g/I fi-xx_6-6k, ek,-7 • /rit--tric p- (I a-7'751)-j ce cp L L Js_t", ciLitAs 64-2t-) )L5-?/).42.p — „cg elz/-7/ JE 6-14/ (XA/TY' Aef PX,-0 / 7 Alortv-e-ez r ce-e </14 /2/2_, 86 7 AL,E,ate--)z H vgAi (7 e-xt :31 (DI 3) O-yt Al-t b 4 ,N4-itl 15" 4f-tf-a-1-) aZiye-02yj et-IL-if' /A-a h4:6-;c67 L44 (ffarn Aar eunt S 4LJiL& , Ad/tee Lecc er-4, s 0 (f( (/7) ./x/2z-el a.ee r--67 ZoLvc_ j-4'22f2C ir,e/? 12.0 e,dz_.rv, 1/1 iJo ge-7( (16-4.t" ,J„4-zze p/t,"„mlz2,,, fa /A-6 12-Z-7 ) zate 02L.e-d-tj (,e) e.,a2dAA-at Aic-e Jc62-/C-C& e_46t1--e (Mly /X-C71 71(-6LiC A -132-71- CIAA)// tr Fk. _ Li.,) - ,-4"- VA-Lk_ L7L2J WV" 4e1 itt4y 6O-L oor cLeut itar 410 Lki/ "e_ afgelail (3.704d-c‘J p,tes o_y, pio2„1/0 th 0N-0-0 Ar2A/LIL) g( el cpCF-ere7t, aja4d /C) 71("Lte w(a4.01-- RD c13 (Lem.6-)y414_4--euck jtit.2 r 1 xrd /-x_6-cA4-&Th o (-g) 7-4-7-2e f_py 6,( (VL -&AA- otipz 744-r th /AA-- arry/nbavki a_40-(1 71,c-c--t0 „71-z) 4-1--6114-e4 1L 4.7‘,Adek, - 115-1,02 *piCag-x± b-e 1.0 LOT/ LA /t/2O F4/K-A ,4-ia-a--etz) (1_6) q-Lere 1 /Y)L-ii-ekC -S-4eAri .264g(t.6e7.4 4,3 ,0A-6_,_pd, oit6,444_ Cv4 td gel Itid-v(te a_ea2L) 0 p)xi ,(Wi_eey.) 1/101 1,LA 1L1 A) Pt, 366-6- pLcyJio wila )00A jet- rJ bi-kzu 7 (4=6 — 1/12 juld_t,4 -4 „id 5opo. k av (.5ptup Ji 4t ILL4( 4-kki p(-pfki- 1,d (0-1-ut Ot Au-9-Yt-eAfe-a- _47 AL-e-cf3f-g \our_ wj--)4.-b-2/s Y3 96 A,Libue,--fiN „-t-Lt-,L4 (e) 61 - ylle-h7 ei-`714eit (-)Let - d - /-; ( , ' s r ;moth: -P d r ,Aately-LIL,c) 77„a 6fe,t(-6., li " j)-1 C Vu — C)741)d /1-1-12-j? 654-91 )61 y/_4J /- /.106_,14 (t u. e 1.L '7 Y( „Ur V �� cLa- th 8-9- 16 ryit p-t4 old- (.9(444) - trx ft, , (.2,dle, nbe a_4,L, 04,21 (<1.2 :AR ( JoAd- Vic_ u- %a,� _„_.s?c, AiLicit_ /6.4) ,u. y-17 - (x-41 cmt ,61) J4 /J--J-ZeA (0 J�J /7L L7.b. rto - LL2L (ilm,ti ( ( 1/44 ,tf-c2 - 44)-ef 6-z ie4 — Pee+ 6(`1,71.1( 1L-ti2ath-ih-1_ 0/ p/-762.4,0-4 t,ao e CrYlt--rx-a„2/- 14 4.4_14 a AN-io- A-4:# 74 kix-o-z, 1412e-44_ f—ccy-6- ,z6 7K2, >pee,g4 /LeA.4-8-k VILL-c7 d 9., 16/td - ima ,JC) A-c-ticifrrr f12- - LAJ- 4121x2v,e pAtsv- - (5,2 ,a)La cEz(a_eiu2,ti- Ic ,Le3 1 48-tY? 61.D6L--e-e YW-06-11i4 10 -2 >),9 a-Li 90 Ap-se,o) C2i /4,-A.,4 _Lei,d 1A-t(uoutii_ (4,4„ 49-7 7J76)-i-ez-Li piz-4 - 6ia,s /d2 ittI _ ake a,/a.:(2,46 17r4/2.e L 7 /),„) Gle-Y“ p&,C1?-it 6__e CA /2,-t-6V-e Z•i/l/a-d46 q>1)A.0.-Ygi /7A--r)d ro-ik pdVait p-tPri4-y- (-61/1, 47zAii /41L-6 dt7/7;6(- c v,s uidic, a 2) akai c)70 ftL - aro. 3s7), ocz .JA--/-2(fP S dikt Oce_e •O) 'ki)-(A)'• al ,_6.6L--,-)co-yx.t:e., L/42 - ALta a) ikt,“tit F 147 it it, bf-id ta_e7,24t_66 e,{:4, (6( Lik-ao ak-et%vx Exhibit 1 Feb 3, 2015 ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE, COMMERCIAL PROFESSIONAL OFFICE AND HOLDING TO LIGHT COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY,ANDAN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Rick and Bonita Lightsey, property owner(s), has heretofore filed Petition No. 14- 002 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 3.069 acres from Residential Single Family -One (RSF -1), Commercial Professional Office (CPO) and Holding (H) to Light Commercial (CLT) Zoning Districts, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on October 16, 2014, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. 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: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 3.069 acres, as the subject property, located in the City of Okeechobee, to -wit: PARCEL NO. 1: LOTS 1 TO 6 OF BLOCK 116, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND PARCEL NO. 2: LOTS 1 TO 3, AND 10 TO 12 OF BLOCK 117; CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND PARCEL NO. 3: LOTS 4 TO 6, OF BLOCK 117; CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH PARCEL NO. 4: A TRACT OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE Ordinance No. 1118 - Page 1 of 3 SOUTHEAST CORNER OF BLOCK 115, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND THE NORTHWEST CORNER OF PARCEL 4 OF PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE WEST BOUNDARY OF SAID PARCEL 4 TO THE INTERSECTION WITH THE CENTERLINE OF NE 4" STREET (FORMERLY TENTH AVENUE) FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF BLOCK 116 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116; THENCE RUN EAST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF NE 4TH STREET (FORMERLY TENTH AVENUE) EXTENDED EAST; THENCE RUN WEST, ALONG SAID EXTENDED CENTERLINE, TO THE POINT OF BEGINNING; AND COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116, AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 3, TO THE CENTERLINE OF NORTHEAST 3R0 STREET (FORMERLY NINTH STREET); THENCE RUN EAST, ALONG SAID CENTERLINE OF SAID NORTHEAST 3R0 STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject properties to be changed as follows: Parcels No. 1 and 2, whose legal is stated in Section 1, is to be rezoned from Residential Single Family -One (RSF -1) to Light Commercial (CLT). Parcel No. 3, whose legal is stated in Section 1, is to be rezoned from Commercial Professional Office (CPO) to Light Commercial (CLT). Parcel No. 4, whose legal is stated in Section 1, is to be rezoned from Holding (H) to Light Commercial (CLT). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Ordinance No. 1118- Page 2 of 3 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (14- 002 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 20th day of January, 2015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 3'd day of February, 2015. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1118- Page 3 of 3 •1 .,,an�:c S er�:?M.v.;f.S °�+ti::2•>7F;;i <� f !i 1 }il::�;y5 ':• te:mC•� C4Yr::ij:r :J • .. :'' rr:5><rs:,•,! ?!•t;irr�:: GENDgL g3'?.; ��_� ":� A�,.: •li•��.•t::,.,: ::r''' "• V. PUBLIC HEARING CONTINUED. QUASI-JUDICIAL ITEM: B. Petition No. 14-002-R submitted by property owners, Rick and Bonita Lightsey requesting to rezone from Residential Single Family-One, Commercial Professional Office and Holding to Heavy Commercial for Lots 1 to 6.of Block 116, Lots 1 to 6 and 10 to 12 of Block 117, City of Okeechobee subdivision, and an unplalted 0.490 acre parcel, all located in the 600 and 700 blocks between NE 3'd & 4" Streets (Exhibit 2) 1. Administerof Oath (anyone intending to offerteslimonyon Petition No. 14.002 -R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent, 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. OCTOBER 16, 2014 - PLANNING BOARD - PAGE 8 OF 13 ,:fj :+: "` +$':j b •17 � ij }fib• n., }!Yriil '�r"�.Iy: {C:° � , •r ,q 7 T. .. f`{`�•'i.�:r.° �: ?.•`.1. ;.1 '�ii } � -�`. ?. •,i, f �.... v7t�pi ,•.:.i::N'}}•ij ;•'iii::'.,a" � n:.• :::rs:.. _ s.. ,, C:�.::c;�? :.....:: �;: AG: i° IQN:- DISCU•, SSI. QhI1: y. V01 !E�::�:,.:ir;%�:•ry:•::r:::{•� ,::- ....:::••••:'. . Rezoning Petition No. 14.002- R was submitted by property owners, Rick and Bonita Lighlsey, which requests arezoning for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, from RSF 1 to Heavy Commercial (CHV), Lots 4 to 6 of Block 117, City of Okeechobee, Plat Book 5, Page5, Okeechobee County Public Records, from CPO to CHV, and an unplatted 0.490 acre parcel from Holding to CHV, all located in the 600 and 700 blocks between Northeast 3'd and 4" Streets, and totaling approximately 3.069 acres. There is a related FLUM Application, No. 14. 001 -SSA, Ihatwas recommended forapproval. This being a quasi-judicial proceeding, as required by law, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and slated their names and addresses for the record: Bill Brisson with LaRue Planning and Management of 1375 Jackson Street, Suite 206, Fort Myers, Florida; and Steven L. Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida. Mr. Brisson reviewed the Planning Staff Report materials, and noted the purpose of Rezoning No. 14 -002 -R is to allow conslruclion of a new building for expansion of the current taxidermy shop. Currently the properties contain aremodeled single family home into a contractor's office, and other structures identified by the applicant as being associated with the existing taxidermy business that predates the City LDR's. Surrounding properties between Northeast 6" Avenue and Taylor Creek and from Northeast 2`4 to 7" Streets were designated SF on the FLUM and zoned RSF 1, Residential Multiple Family (RMF), or Holding. However, in 2006 several applications forFLUM amendments and Rezonings to CHV were approved. Planning Staff is recommending denialofthis Petition. However, since the Board recommended approval of the FLUM No. 14.001 -SSA to Commercial, Planning Staff is recommending to approve a Rezoning for Block 117 to CPO (Lots 1-6, 10.12), Block 116 to CLT (Lots 1 -6), the 0.49 acre parcel to CLT, and for the Board to follow up with a LDR Text Amendment to include Taxidermy within the Special Exception Uses for the CLT. Mr. Dobbs, as staled previously, was in attendance on behalf of the applicant, and announced they are requesting to amend Petition No. 14-002-R from CHV to CLT. A lengthy discussion followed, the applicant was asked to reconsider and further amend their Petition to CPO for Block 117 and the unplatted 0.490 acre parcel. However, Mr. and Mrs. Lighlsey were concerned with the limited uses within CPO, and while They considered the request, they remained with CLT for all properties. Chairperson Hoover asked whether there were any comments or questions from those in attendance. The matter was advertised as a public hearing in the Okeechobee News on September 28 and October 8. Thirty -three letters were mailed to surrounding property owners. On October 1, a sign was posted on all three properties giving notice of the matter, There were no objections received prior to the meeting, nor any stated at this time. OCTOBER 16, 2014 - PLANNING BOARD - PAGE-A OF 13 . ENDq= 'ACTION DISCU.SSIONs ?;VOTE_;;::::, V. PUBLIC HEARING QUASI - JUDICIAL ITEM CONTINUED. B. 5. Disclosure of Ex -Parte Communications' by the Board for Petition No. 14- 002 -R. 6. a) Consideration of a recommendation to the City Council to approve or deny petition. Chairperson Hoover asked Members to disclose for the record any conversations they were privy to regarding this petition, or whether they had visited the site. There were none. The Board is required to review the following conditions prior to making a recommendation. These findings are based on the original request for CHV and Planning Staffs recommendation of denial, to which the Board did not fully agree. The proposed rezoning is inconsistent with the Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the FLU Element. The proposed use being applied for is not specifically authorized under the Zoning district in the LDR's as the Code does not define nor list anywhere the use for taxidermy. The proposed use will have an adverse effect on the public interest due to the intensity allowed in CHV, and the proximity to the residential area. The proposed use is not appropriate for the location, is not reasonably compatible with adjacent land uses, and is contrary or detrimental to urbanizing land use patterns. The existing uses, Zoning and land uses for each properly is explained below. Block 117 is comprised of 12 lots, and bound on the North by Northeast 41h Street (an improved paved roadway), on the South by Northeast 3'd Street (an improved paved roadway), on the West by Northeast 6u' Avenue (an improved paved roadway), and to the East by Northeast 7'1' Avenue (an unimproved roadway). Lots 7 to 9 are not part of the application and will remain RSF -1, FLU is SF with an existing use of a home built in 1950. The subject property within this block now addresses Lois 1 to 3,10 to 12, which are vacant, although there is a dilapidated storage shed on Lots 2 and 3. Lots 4 to 6 are Zoned CPO, FLU is Commercial, with an existing use of an office building. To the North, is Block 114 which is entirely vacant, with a Zoning of RSF -1 and FLU of SF. To the South is Block 146 which has four homes on the north -half, two built in 1959, the other two built in 1960, the Zoning is RSF -1, with FLU as SF. To the East is Block 116, of which the north -half is included within the application, the south -half has a Zoning of CLT, FLU of Commercial and there is an existing office building. This property is also the sight of the former Lightsey Fish House Market. To the West is Block 118 with a Zoning of RSF -1 and FLU of SF. The south -half has two homes, one built in 1959, the other in 1960, the north - half is vacant and the former location of Watford Trucking, Inc. Block 116 is comprised of 12 lots, bound North and South by the same streets as Block 117 noted above. The unimproved roadway of Northeast 7th Avenue is the drive used to access the Lightsey's facilities and should it be improved, would run between Blocks 116 and 117. There is not a roadway to the East of this block, but an unplatted parcel created after the abandoning of Riverside Drive. Lots 7 to 12 are not part of the application, they have a Zoning of CLT, FLU classification of Commercial, with an existing use of an office building (formerly Lighstey's Fish Market). The subject property within this block addresses Lots 1 to 6, with 1 being vacant, a residence built in 1951 is on Lots 2 and 3; and Lots 4 to 6 have several structures that include a 10,209 - square foot warehouse built in 1964, a 988 - square foot cooler re -built in 2012, and a 930 - square foot building re- modeled in 1999, with two accessory use type structures both being 20 -feet by 12 -feet. t•4... AGEN V. PUBLIC HEARING CONTINUED. . B. 6. a) Consideration of a recommendation to the City Council to approve or deny Petition No. 14.002 -R continued b) Board discussion. OCTOBER 16, 2014 - PLANNING BOARD • PAGE 10 OF 13 •N. Y.t•. .tt.• ..,.,�_..- .:i "....... ,..:.......... ... ...t: :.ACT:IQN�_,RISCUSSI'QN, -. VOTE :�::..._... :�� ................ . ,.._ ...... This is the main area used for the taxidermy business. To the North, is Block 115 which has a residence on it built in 1979, with a Zoning of RSF -1 and FLU of SF. To the South is Block 147 of which the north-half is Zoned CLT, FLU as Commercial, and is a large parking lot used to serve the Nunez's multi -acre commercial development. To the East, 0.490 acres, and West, Block 117, are properties included with this application. The final piece of the subject property is an unplatted 0.490 acre parcel with a Zoning of Holding, FLU of SF and is vacant. To the North Is another vacant unplatted parcel with RSF -1 Zoning and FLU of SF. To the South is an unplatted vacant parcel with a Zoning of CLT, and FLU of Commercial. To the East is Taylor Creek. To the West is Block 116 which is included with this application. 5. The proposed use•will adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent properly. Although, the applicant challenges that this is not correct as the use has been on the same property for many years, and whether there were any impacts they would have already been realized. 6. The proposed use could be suitable buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. However, there does not appear to be any significant bufferforthe residence within Block 117. Cconcem of the lack of buffering that could be done forthe increased traffic was also noted. 7. In regards to creating a density pattern that would overburden public facilities such as schools, streets, and utility services, Planning Staff found that while density is not a factor associated with commercial use, intensity is, with potential increased traffic to Northeast 6" Avenue. 8. Addressing whether the proposed use would notcreate trafficcongeslion, flooding ordrainage problems, orolherwise affect public safety, the specifics of these items would be addressed by the TRC during site plan review. The assumption Is traffic congestion would be created by the proposed use. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Motion and second by Members Burroughs and Baughman, based on Planning Staff's findings, additional information provided by the applicants, including their agreement to amend the requested Zoning District, to recommend the City Council approve Petition No. 14-002-R, Rezoning Lots 1 to 6 of Block 116, Lots 1 to 6 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0,490 acre parcel to CLT. Chairperson Hoover asked whether there was any furtherdlscussion. Member Baughman commented, the Board can only conclude the surrounding owners are acceptance of the Petition since no one voiced objections, comments, or concerns. Members Brass and McCreary noted their objections to rezoning property along Taylor Creek to commercial, as well as the continued encroachment in a residential area. The consensus of the Board and Planning Staff was to follow up with reviewing a recommendation to amend the LDR's, by adding a definition for taxidermy and what Zoning Districts the use should be permitted within. OCTOBER 16, 2014 - PLANNING BOARD • PAGE i- OF 13 ACTIQN QIS.CUSSION =:VOTE ..:.., V. PUBLIC HEARING CONTINUED. B. 6. c) Vote on motion for Petition No. 14-002-R. QUASI-JUDICIAL ITEM: C. Petition No. 14- 007 -SE, submitted by Sonic, Inc., on behalf of property owner, Okeeland, LLC, to allow a drive- through service within a Heavy Commercial Zoning District, (Ref. Sec. 90 -283 (1)), for Lots 4 to 9 of Block 150, City of Okeechobee, and located at 501 NE Park Street, containing approximately .976 acres. The proposed use is for a Drive - Through Sonic Restaurant (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14-007-SE will be required to lake an oath, respond, and give your full name and address). 2. Hear from Planning Staff. VOTE HOOVER •YEA MCCREARY - NO BURROUGHS -YEA BAUGHMAN•YEA BRASS -No MCCOY•YEA RITTER - YEA CREASMAN • NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Nearing, tentatively scheduled for December 16, 2014, 6:00 p.m. Special Exception Petition No. 14-007-SE was submitted by Mr. John Budd, Vice President of Sonic, Inc., on behalf of property owner, Okeeland, LLC, to allow a Drive - Through Service within a CHV Zoning District as provided by Code of Ordinances Section 90 -283 (1), for Lots 4 to 9 of Block 150, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records. The property is located at 501 East North Park Street, containing approximately 0.976 acres. The proposed use is for a Sonic Restaurant. This being a quasi - judicial proceeding, as required by law, Notary Public Patty Bumette administered an oath to those intending to offer testimony, all responded affirmatively, and slated their names and addresses for the record: Bill Brisson, with LaRue Planning and Management of 1375 Jackson Street, Suite 206, Fort Myers, Florida; Steven L. Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida; and Ms. Kmberly Ferrell of 200 Northeast 5'h Avenue, Okeechobee, Florida. Chairperson Hoover yielded the floor to Planner Brisson who reviewed the details of the Petition, Planning Staffs recommendation for approval, and responses to the applicant's presentation on Consistencv with the LDR's per Code of Ordinances Section 70- 373(b): (1) The proposed location and site are appropriate for the use as the property is located within the commercial corridor. (2) No specific design efforts are needed except that the location of any area where loudspeakers are used for taking orders or playing music should be located away from the residential areas. The preliminary site plan shows that the rear parking area is almost 90 -feet from the North property line and the drive - through order location is another 50 -feet further South. When the 70 -foot right -of -way is added, the closest residence is over 200 -feet from any point of significant activity on the site. (3) Landscaping techniques to visually screen the use from adjacent uses is not necessary as there are commercial type uses to the East and West. The residential area is separated as stated previously by an undeveloped right -of -way. (4) There should not be impacts of any potential hazards, problems, or public nuisance generated by the restaurant as previously noted, the physical locations of the structure will reduce or eliminate any potential impacts. (5) Utilities appear to be adequate and should not result in more than an incremental demand. %/.Ly V. so wk. General Se Exhibit 2 55 S.E. 3 , Okeechobt Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 1.101.o, 11,.a, -i Li retitton No. r ` - tu(' -{-•t1 ! Fee Paid: CO,6,0 Qfc�4:rotrJurisdiction: P8 e Cc. t 15` Hearing: / 0 < - 1 0 - 1 u . 2 "d Hearing: i i- ig -rg t' 1R -ite-act Publication Dates: % Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date 9 A/,y For questions relating to this application packet, call General Services Dept. at (863) -763 -3372, Ext. 218 (Rev09 /14) - Page 2ofrl REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: OVV '\ ll iO p.C4' 1 e. 19 Non - refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges 8 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. • 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date 9 A/,y For questions relating to this application packet, call General Services Dept. at (863) -763 -3372, Ext. 218 (Rev09 /14) - Page 2ofrl Staff Report Rezoning Prepared for: The City of Okeechobee Applicant: Rick A. and Bonita B. Lightsey Petition No.: 14-002-R 1,s1 Planning & Management Services, Inc. 1375 Jackson Sire, Suite 206 Fort M el.:, Hot ida 239 334 3366 Serving Florida 'Local Governments Since 1988 „,,,,J.„zmtmzoz:,,:.„„zirrtzmrs,::zTmr,m.mrmtmsgrnmmyzm=m;27,TKYMTZNZ!17.71rft2EZ11MZITTMLrcMriMSTMMZIZ.EEMEIM.ZMEFEEVZ,M.MSERiTilM Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R General Information- Owner /Applicant Rick A. and Bonita B. Lightsey 502 NE 6th Avenue Okeechobee, FL 34972 700 NE 4th Street and adjacent properties Site Address to the east and west and the lot at the SE corner of SE 4th St. and SE 6th Av. (see attachments at end of this Staff Report) Contact Person Bonita B. Lightsey Contact Phone Number 863- 634 -7272 Contact Email Address Bebe- lightsey @comcast.net Future Land Use Map Classification Zoning District Use of Property Acreage Existing Proposed Single Family Residential except lot at SE corner of Commercial SE 4th St. & 6th Av., which is Commercial RSF1 except for parcel bordering Taylor Creek, which is "Holding" and lot CHV at SE corner of SE 4th St. & 6th Av., which is CPO Taxidermy and vacant, except for lot at SE corner of SE 4th St. & Commercial uses 6th Av., which is a contractor's office. 3.069 acres 3.069 Acres Serving Florida. local Governments Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Le • at Descri • tior :o Subject : Propert Parcel Identification Numbers 3- 15- 37 -35- 0010- 01170 -0020, 3- 15- 37 -35- 0010- 01170 -0010, 3- 15- 37 -35- 0010 -01160 -0040, 3- 15- 37 -35- 0010 - 01160 -0020, 3- 15- 37 -35- 0010 - 01160 -0010, 3-15-37-35-0010-01160-001D, 3- 15- 37 -35- 0010- 01170 -0100, 3- 15- 37 -35- 0010- 01170 -0040 Legal Description: F-7C11T811C "A'^ Two pazcels of tared dying in Section 15„ Fc wzmadzip 37 South, I1atzge 35 Eaast t7kocctaob e County: Florida, besiag mo1.0 particularly described t s rollowss ■ornmecaefng at then Southeast corner of Block 1.15, C310E CI- YOBEE, according ng to time plant thereof rccondoel in flat Hook 5. Pstg;® 5. public zaeacord i of keceb ,bee County. Florida„ aad the/ Northwest comer of 1.1-arc,al 4 of PL.A7[' NO. 1 13F `1 'vLc3I Cli.f EK WA F RS1Et1 L/ ats re.c.ansieci in Plat l:loolc 3, Dam, 29, public rrocords of C deeeelaobee County, Florida; thezzca roam South aicsug the West bcyt,statciary of said Fearee1 4 to the Intersection with the centerhoe of 1,7_13. 4 actrcot (foorsorly Teuth - Aycenom Ol #'or a 1m1311oZ-1- Cl? 13E471N1VI is thence contirtazo moth. along the `y{testerra boundary aF said Farcel 4 atad ate. East b000dnry c f 331ockc 1 16 of said jpled of B c 13EE, to the uete scCtion with the centeziitte of the 15 foot alierywmy zu saaid Block 116; thsnoe run East, .atoazg tits ectoorlirme r f ssaid all tcxrded. Vast, to than Western shore line of -raylor Creole; tlzance run blottharly, Western shore lizze caf Tsytor Creek, tr• tG+e esters rococo with tha centerlinm or ft (fore exzy Tads .ck ar na.aaj reetcncic-cl E,,,at,. tIaez c, ram West a10 »g said .extontied rat r to the 7P'C)1/43- EcF 19Ef31 11 J114C3. AAaI1} — - - C.- 00nusacncirag at ate Ssrsxtlr t;g t 3 of 131oa:ic 116. OK$EC.S-IOl3 TE, ac�eorciing; to time _plat tlaezieof t�cos+daecl P Vase S, pnbdiao reeordel of C mooehohom 4'oTataty Floricl1 thence too Somas and _ W,eyter% bominclst.zy of l' rowel 4 arecortlia.o to P1..A7C Nta_ 1 OF TA1?-1LC)R =�i I:SF1.Elt:1 Mil rccotcl«t ill Plat 13oaole 3,. PaEs, 29. public records of t3lo . oimotsee Cc mty, i?loridl, to the eontcttinc of tho 15 foot alleyway hut said Block 1 t6 mod the 1.(311.17C € ly 1314(31P1IV1IVC1; thenee ctrrttU1u South, *loos the Western boaaxxdary of amid Fate 1 4 and the 111sst bouxacl ,nay of said 131oc1t 1 16, tt tau., n hra st' costar or Lot 12 of said laloeSc 116 mod aalso bolos the bloxtlawaast comer -of Pazrced - 3 of said PL..AT -MCP 1 - 31 3 AXt.OR C2 .1 E G ITVA.Th1ZSFdE1?; thence roans $SouthRwestorty, along the West+erct- bOwsda.ry of :ataxia P`esrect 3, t , the cetatcsrlinc or N.E. 3"1 1 Street (Fbruterrly Ninth Street); thence riot Rest, along said cezztesrd➢no ef. -odd N.E. 3r° Strc®t (forweart+y l4wth Strectj cxtcai,dcd Last - -te, abe. RV .rem :shore limo of lrayt.or Creole; tltet ce raze A1ortherly,- m1cmig island Western ahem* lima of Taylor Crook, to tbn indoeaection with the cezttamtl.ine. 0..r said t5 foot alleywoor a eteend d t - ; thonmee too West= aadang the s>enterlioe cat-salad ztlle: rwi,y emetogded, to the 1.,00114-1- co, ]E3Ecausar:11NG3. and, LOTS 4, 5 AND 6, BLOCK 117, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (Property ID 3- 15- 37 -35- 0010 - 01170 -0040) Serving Florida Local Ciuvernmenls Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Request The matter before the Local Planning Agency and City Council is an application to rezone 3.069 acres of property owned by Rick A. and Bonita B. Lightsey (see map below) in the following manner: Parcels 1, 2, 3, 4, 5, and 7, comprising 2.063 acres, from RSF1 to CHV. Parcel 6, comprising 0.490 acres, from "Holding" to CHV Parcel 8, comprising 0.516 acres, from CPO to CHV With the exception of Parcel 8, all of the above properties are also the subject of a Small Scale Comprehensive Plan Amendment to change their designations on the Future Land Use Map (FLUM) from Single - Family to Commercial. Parcel 8 is already designated Commercial on the FLUM and is zoned CPO as the result of amendments approved in 2006. The stated purpose of the rezoning and associated Small Plan Amendment is to allow construction of a new building for expansion of the current Taxidermy shop. r Serving Flail 1 Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Adjacent Future Land Use Ma • "Classificationsa and. Zoning Districts Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use: Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District: Existing Land Use: Background, Current Use Single - Family RSF1 Single- family residential or vacant Water/Taylor Creek and Commercial Water/Taylor Creek and CLT Water/Taylor Creek and office Single - Family Residential and Commercial RSF1 and CLT Single- family residential and office and vacant land. Single - Family Residential RSF1 Single- family residential and vacant The property currently contains a contractor's office on property #8 on the foregoing map and what appears to be a single - family home on #5 (This is Parcel 5-37-35 -0010- 01160 -0010 in the Property Appraiser's records and is listed as vacant.) There are also other structures on the subject parcels which the Applicant identifies as being associated with an "existing Taxidermy Shop" that "predates the City's LDRs." This may indeed be the case, but we have been unable to identify any BTR for such a use on the subject property. Be that as it may, we will assume that the existing use is a legal nonconforming commercial use. History of Land Use Approvals in the Area Up until about 2006, all properties between NE 6th Avenue and Taylor Creek from NE 2nd Street to NE 7th Street were designated Residential on the Future Land Use Map (FLUM) and zoned RSF1, RMF or Holding. Since then, applications for Future Land Use and Zoning changes have been approved for the four properties as shown on the excerpt of the current Future Land Use Map below and described in the text following the map. Serving Florid.' 1 ocal Governmeno, Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R These changes are briefly described in the following paragraphs: 1. In 2006, B &R Enterprises submitted Application 06- 006 - SSA/R to change the FLUM to Commercial and rezone the property located at 700 NE 4th Street from RSF1 to CLT. We recommended denial based on inconsistency with Compre- hensive Plan and incompatibility with surrounding uses. The Planning Board recommended approval of the Plan change and rezoning to CPO rather than CLT, which change was subsequently adopted by the City Council. In 2008 Application 08- 004 -SSA/R was submitted by David & Anita Nunez to change the FLUM to Commercial and rezone these properties to CHV to allow the development of the Shoppes on the Boardwalk project. We recommended denial based on the request's inconsistency with the Comp Plan, potential adverse affects upon Taylor Creek, and incompatibility with the existing zoning and land use pattern in the area. The Planning Board recommended approval "based on the ability for the City to utilize the water ways to create appropriate business uses north of the Park Street Bridge." The Planning Board also referenced the presence of the contractor's office at 700 NE 4th St. (the subject of the prior referenced approval in 2006). The City Council subsequently adopted the requested changes. Serving Florio Local Covernmenis Since 1988 5 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R 3. Application 10- 002 -SSA /R was submitted by David and Anita Nunez to change the FLUM to Commercial and rezone the property to CHV to allow provision of parking for the Shoppes on the Boardwalk. In 2010, the FLUM and Zoning changes were approved. In 2008, Application 08 -05 -SSA /R was submitted by Jerry Suarez on behalf of David & Anita Nunez to change the FLUM and rezone the property to CHV. We recommended approval of the FLUM change based and conditioned on recognition that the Planning Board and City Council has already expressed a positive attitude towards the approval of what would later be Application 10-002 - SSA/R, which was delayed due to technical difficulties in the legal ability to file the application at an earlier date. During the Planning Board's public hearing for this change it was stated that the "fish house ", which occupied the easternmost part of the subject property, had long presented a problem in terms of compatibility with surrounding future land use and zoning patterns; and, that the proposed change would ultimately eliminate that nonconforming use. Recognizing this, we stated: "We believe that the requested change could be considered com- patible with the surrounding area if, in the opinion of the City Council, it is in the best interest of the City to promote commercial development northward from SR 70 in an effort to foster the replacement of long -term nonconforming commercial influences that inhibit redevelopment within the surrounding area." However, we recommended that rezoning the property to CLT rather than CHV to limit the intensity of allowable uses and to minimize the potential impacts upon nearby properties. The FLUM change was approved and the property was rezoned to CLT. We fully expected that, given this change, cohesive commercial development of the area north of SR 70 will have been achieved and that further expansion northward along Taylor Creek and into the residentially designated lands to the north and west would neither be necessary nor appropriate. Serving Florida Local Government, Sincc 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Analysis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Appli- cant has provided comment to each of the required findings. These have been copied directly from the Application and repeated below. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed rezoning is contrary to the current Future Land Use for Residential, however, this rezoning request is not requested to be reviewed until the Future Land Use change to Commercial is completed, then the rezoning request will not be contrary to the Future Land Use Requirements." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Plan Amendment to the City's Future Land Use Map (FLUM) to change the designations of seven of the eight parcels involved to a Commercial Future Land Use designation. Staff has recommended denial of the requested changes to the Future Land Use Map (FLUM). If the Planning Board agrees with the Staff recommendation, the rezoning request would be inconsistent on its face with the Future Land Use Designation of Single- Family Residential, and the Planning Board should not further consider the rezoning request. If the Planning Board recommends approval of the Small Plan Amendment to amend the Future Land Use designation to Commercial, then the consistency of the rezoning request should then be considered in light of following Policy and Objective in the Comprehensive Plan: Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property ... ". Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. Staff comments to #'s 2 through 8 (following) of the standards required for approval of a rezoning will show that approval of the requested rezoning will neither protect the use and value of private property nor be compatible with adjacent uses and curtail uses inconsistent with the character and uses of surrounding areas. Serving F,lorid;t F.oc;il Governments Sim e 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed use is to continue to use the property as a Taxidermy Shop which would be allowed as a Craft Studio." Staff Comment: We disagree. A commercial taxidermy shop does not qualify as a Craft Studio as it is defined in Chapter 66 of the City's Code, which reads as follows: "Craft studio means arts, crafts and hobbies, ceramic, glass, photography, picture framing, wood carving, and weaving studios, and includes the sale of articles produced on the premises." Since taxidermy is not defined or listed anywhere in the City's Code, one would have to look to the allowable use that is most similar. In our opinion, a funeral home would be the closest example. This use is allowed as a Special Exception in both the CLT and the CHV Districts. To ensure clarity, if the Planning Board should recommend approval of the Small Plan Amendment and the Rezoning, we would suggest specifically amending the LDC to include "Taxidermy" as a Special Exception use in the CHV and CLT districts. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change would have no effect on the public interest as this use has been performed on this property prior to the Land Development Regulations." "Staff Comment: We disagree. First, rezoning to CHV allows many more uses, some of which are more intense than that of "taxidermy ". Secondly, if the taxidermy use or other more intense uses allowable under the CHV, or even the CLT District, were to be expanded into parcels 1, 2, 7, or 8, they would be immediately adjacent to or across the street from single - family lots. Such uses are not compatible in close proximity to residential uses and would tend to reduce the property values of nearby residentially designated Tots, increasing the potential for more future requests to amend the Future Land Use and Zoning designation to commercial. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "This use is appropriate for the location and compatible with the adjacent land uses as they are Light Commercial to the south, Commercial Professional Office and Residential to the west, residential to the north which is on the north side of NE 4th Street and a large City ditch, and Taylor Creek to the east. None of the adjacent land uses will be adversely impacted. " Serving Florida 'Local Oovernmenly Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Staff Comment: We strongly disagree. If the property were to be rezoned to CHV, the property immediately to the south, which is now zoned CLT would have every right to request a rezoning to CHV, a request which was originally denied in favor of CLT to inhibit further intense commercial expansion northward. Furthermore, the continued expansion of commercial zoning onto the subject properties will result in other residentially designated properties east of NE 6th Avenue (both to the north and south of the subject properties) being more exposed to the impact of commercial development. Eventually, the owners of these adjacent and nearby properties will request commercial land use and zoning designations as a result of the degraded environment for residential uses. This is the "domino" effect that was started by the changes approved in 2006 and 2008. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "As stated previously, the use has been the same on this property for many years and if there were any impact to the factors above, they would have already been realized" Staff Comment: Again, we strongly disagree. The expansion, of the commercial use now on the subject property will be a deterrent to improvement and development of adjacent properties. While we recognize the existence of a nonconforming use on at least part of the subject property, it's impact on the neighbors is now limited by the inability to expand. If the property is rezoned to commercial (particularly CHV) and commercial uses are allowed to expand, the desirability of the residentially zoned properties to the north, east and south will be diminished for single - family use. Further, the properties to the north are even less appropriate for commercial use than the subject property due to their limited visibility and distance from the accepted commercial corridors of the City. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The property is heavily wooded on all sides of the property, which provides adequate buffering from surrounding uses" Staff Comment: It may be that the 100 foot right -of -way could act as spatial buffer for the residential properties on the north side of NE 4th Street from the onsite commercial activities. However, these properties will not be buffered from the increased commercial traffic on NE 4th Street that will result from the expanded commercial uses allowable. Furthermore, there will be no significant buffer for the residential property at the northeast corner of NE 3rd Street and 6th Avenue, or to the residential properties on the south side of NE 3rd Street. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Existing properties zoned for residential use should not be required to buffer themselves from an expanded commercial presence on the subject property. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The use has not created nor will it create a density pattern that would overburden any of the public resources as stated above." Staff Comment: While density is not a factor associated with commercial use, intensity is. The adequacy of available sewer and water lines to serve commercial use on the subject property is questionable as no letter from OUA was included in the Application and we have not had the opportunity to explore this consideration prior to the Public Hearing. In addition, we stated in the Staff Report for the Small Plan Amendment, that we do not consider it appropriate that NE 6th Avenue, a residential street, should be counted on to provide primary access to potentially as many as 83 to 194 peak hour trips that could be generated by a 56,000 square foot commercial development on the property. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The use will not create nor have a detrimental impact to the factors stated above. This property is on the end of a dead end street with a large City ditch to the north and is not planning to change existing drainage patterns, nor impact public safety" Staff Comment: These issues will be addressed during site plan review. For the most part the potential for potential flooding and drainage problems are essentially an engineering consideration and overcoming any difficulties that may arise is a matter of engineering technology and cost. Traffic congestion is another matter. Without a more detailed analysis, we cannot determine whether or not traffic congestion may result. Nevertheless, as previously stated, we do not believe that neither NE 6th Avenue nor nearby residences should be potentially subjected to the possibility of the traffic levels that could be associated with 56,000 square feet of commercial use on the subject property. Serving Florida Lucid Govcrnmrnis .Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "As stated previously, the use was a non- conforming existing use and this application will bring the use and the FLU and zoning into sync since they are planning to construct a new building and this building is viewed as intensification of the non - conforming use. Staff Comment: We are unaware of any unnecessary restrictions that have inordinately burdened the property. The restrictions that are in place regarding the existing nonconforming use are standard and appropriate. Based on the factors contributing to the Staff recommendation, denial of the request protects the rights of adjacent and nearby residents while allowing the existing nonconforming commercial use to continue but not expand. Serving Florida Luc111 (1overnmcnt�, .Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Recommendation 1 If the Planning Board recommends denial of the requested Small Plan Amendment to the Comprehensive Plan, then it must also recommend denial of the rezoning request for the properties associated with the Small Plan Amendment. In that case, we would also recommend denial of the request to rezone Property #8 to CHV. 2. On the other hand, if the Planning Board recommends approval of the proposed changes to the Future Land Use Map in whole or in part, then, based on the foregoing analyses we recommend the following: a. Rezone Properties 3, 4, 5, and 6 on the following map to CLT. b. Rezone Properties 1, 2 and 7 on the following map to CPO. c. Leave Property #8 zoned CPO. d. Add "Taxidermy" to the list of Special Exception use in the CLT District. 3rd St �- ti' CF=a _ii 111.11 Litz LINO 1 r i 3. Finally, if the Planning Board recommends CHV for any of the properties, add "Taxidermy" to the list of Special Exception uses in the CHV District. Sei -iii Hot ii_a Locu1 Govenments Sin 1988 12 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Submitted by: Wm. F. Brisson, AICP Planning Consultant October 8, 2014 Planning Board Hearing: October 16, 2014 City Council Public Hearing: November 18, 2014 Attachments: Future Land Use Map Zoning Map Aerial photograph with existing land uses Serving Florida local cioverroneri s Since 1958 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14-002-R 84 FUTURE LAND USE SUBJECT SITE AND ENVIRONS 3 t. PRICE ADD.710N1 m j 1 11 1 an-: awn iminimi I 11 r 1 1 COMPREHENSIVE PLAN LAND U E 1 aN LE - =AM:Ur FAN.%y' as CO MERCIAL la NO STRIAL I I PIJ IC FACILITIES RE ENTIAL MIXED USE Serving Flori Local Governments Since 1988 14 1 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14-002-R ZONING SUBJECT SITE AND ENVIRONS PR ACDITIO ZONING 11111 C6D - : BUSINESS D1STRIC7 11111 CHV • E .• r• COMMERCIAL CLT - L -1.7" COMMERCIAL CPO - ,::MM PROFESSIONAL OFFICE H - - 7.2U-'2,TRiAL Pue = '..1BLIC FACILITIES ,ED FLID-R IRMF R.S21DENTIAL MULTIFAMILY RM1-- - :.ESIDENTIAL MOBILE HOME. RSF ' - .'•:ES1DENTIAL SINGLE FAMILY RSF2 - NTIAL SINGLE FAMILY 12 Serving Flori Local Governments Since 1 988 -ft LJ 15 • Staff Report Rezonin Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florid Loral Governments Since 1988 16 INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 -763 -31.34 STATE OF FLORIDA COUNTY OF OKE.ECHOBEE 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 ^u /L,4 cL 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 Afliant 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. Sworn to and subscribed before me this "day of ; \a/YU -4 ✓u Notary Public, State of Florida at Large Katrina Elsken AD 41. ' ANGIE BRIDGES r MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 so Bonded Thfu Notary Public Underwriters tItt PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho- bee, will conduct a Public Hearing on Tues, Feb 3, 2015, at 6 PM, or as soon thereafter possible, at Gty Hall, 55 SE 3rd Ave Okeechobee, FL, to consider final reading for adoption of the following Ordinance into law: No. 1118: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEE- CHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR- TICULARLY FAMILY -ONE (RS(F DESCRIBED COMM COMMERCIAL ROFESSI((ONAA7�L OFFICE (CPO) AND HOLDING DIS- TRICT; AMENDING THE ZONING �MAP CCCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. • - The Ordinance is regarding Rezoning Petition No. 14- 002 -R, submitted by property owner(s) Rick and Bonita Lightsey, for property located at 700 NE 4th St, consisting of approximately 3.069 acres. The proposed use is a com- mercial development. Legal and Zoning district changes are: FROM RSF -1 TO CLT LOTS 1 TO 6 OF BLOCK 116, AND LOTS 1 TO 3, AND 10 TO 12 6F BLOCK 117, CITY OF OKEECHOBEE, PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND FROM CPO TO CLT LOTS 4 TO 6, OF BLOCK 117' CITY OF OKEE- CHOBEE, PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHO- BEE COUNTY, FLORIDA; AND FROM H TO CLT, A TRACT OF LAND LYING IN SECTION 15, TOWN- SHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY FLORI- DA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 115, OKEE- CHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND THE NORTHWEST CORNER OF PARCEL 4 OF PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY FLORIDA; THENCE RUN SOUTH ALONG THE WEST BOUNDARY OF SAID PARCEL 4 TO THE INTERSECTION WITH THE CENTERLINE OF NE 4TH STREET (FORMERLY TENTH AVENUE) FOR A POINT OF BE- GINNING; THENCE CONTINUE SOUTH ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF BLOCK 116 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSEC- TION WITH THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116; THENCE RUN EAST ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED EAST, 1'O THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF NE 4Th STREET (FORMERLY TENTH AVENUE) EX- TENDED EAST; THENCE RUN WEST, ALONG SAID EXTENDED CEN- TERLINE, TO THE POINT OF BEGINNING; AND COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUN- DARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTER- LINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116, AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUN- DARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST COR- NER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WA- TERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID( PARCEL 3 TO THE CENTERLINE OF NORTH- EAST 3RD ALONG SAID CENTERLINE OF SAID NORTHHEAST 3RD STREET ( FORMERLY NINTH STREET) EXTENDED EAST TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTER- SECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EX- TENDED EAST' THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. 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. By: Mayor James E. Kirk City Clerk Lane Gamiotea, CMC 469348 ON 1/23/2015 ORDINANCE NO. 1119 REVISED VERS1ONaa Exhibit 2 Feb 3, 2015 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 CENTERIDETOX 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 HI-DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7 AND 8; AMENDING SECTION 90- 2521ilt $YADDING 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 and 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 struck- tijrarrgtr 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 centerldetox 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 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 centerlsober 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 % :r licensed by a state or federal agency. Language to be added is underlined Language to be deleted is struck-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, veterirtaria -m - . - 4- :. - 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 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 11 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) (4) (5) Personal service. Craft Studio 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 straek- tthrvugh 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. f14) Taxidermist. (15) 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: (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. (31 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 strusl +rreugh 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. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor 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 std Ordinance No. 1119 - Page 5 of 5 AGENDA VI, PUBLIC HEARING CONTINUED. A. 5. a) Consideration of a recommendation to the City Council to approve or deny application. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING • Chairperson. JANUARY 15, 2015 - PLANNING BOARD - PAGE 7 OF 6 ACTION - DISCUSSION - VOTE 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." Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA BAUGHMAN - YEA BRASS - YEA MCCOY - YEA MCCREARY - YEA BATTON - NIA CREASMAN - YEA KEEFE - NIA CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:54 P.M. JONASSAINT - YEA MOTION CARRIED. 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 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 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. din• .e WHEREAS the City of Okeechobee, Florida, has a legitimate interest in periodic review of lo ulati4is WordWfo a'Wi- s certain to make modate 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 eviewed opoi e�r�nt�t a�lyu Q' aring 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 ado tion and codification; and NOW THE FI�C�' d in bent ' yVunatfe . •echobee, Flonaa resente�at a duly advertise! ublic- meeting ; an asse. by majority Y P 9. P Y 1 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 the � EER.' . e fin' • .. herein Chapter I t - ; en - r•: -.- ,,, :.: ish--- o - - of -- y-t- . • kg` or . * - . : w w - -re th IFF dilidu; 's -a , -. or e 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 Ordinance No. 1119 - Page 1 of 4 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 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 rehabilitationldetox 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, printer, auction hou& salvage-yard, and similar service uses. Language to be added is underlined Language to be deleted is stracfrthrotrgir 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 at. A t + „o.9l, 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 struNrthro-ugtr Ordinance No. 1119 - Page 4 of 4 13DEPENDENT NEWSMEDIA INC. USA Lie tom Okeechobee News /5-06i TA- 107 SW 17th Street, Suite D Okeechobee, Florida 34974 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 in the matter of C t�tv >r fzE 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. -1_ Katrina Elsken Sworn to and subscribed before me this if day of ,1E4 L1 ; .0 u g / —S AD Notary Public, State of Florida at Large �''1 L ANNE BRIDGES r MY COMMISSION A EE 177653 . EXPIRES: Apr1120, 2016 tk,• Bonded Thrit*Iffy Public UMerwrAers NOTICE OF PROPOSED LAND DEVELOPMENT REGULATION AMENDMENT PUBLIC NOTICE: the City louncil 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 -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 GR OMING TO THE LIST OF PERMITTED USES IN THE CHV ZON G DISTRICT; AMENDING ARTICLE IV, DIVISION 9, SPECIAL CEPTION 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 3 Feb 3, 2015 Staff Report Site PIan Review For Revised Mix of Uses, Location of Additional Parking Space, and Parking Reduction Prepared for: The City of Okeechobee. Applicant: Albert Zakhary Petition No.: 14-005-TRC & Management Services, Inc. 1375 Jaclowit Strvo, stale 20n k-VP‘54. 14,11 rktnifis ''',4Ai..FRitst=4 239-331'3366 Serving Florida Local Governmenrs Since 1988 TRC - January 15, 2015 - Page 3 of 3 IV. NEW BUSINESS CONTINUED. Albert Zakhary, on behalf of the property owner, PMA Okeechobee Realty LLC.14- 005 -TRC continued. Motion and second offered by Building Official Newell and Public Works Director Allen to recommend the City Council approve the parking reduction of eight spaces based on the following conditionslcriterial: 1.Since the proposed eighteenth onsite parking space violates the visibility triangle, the number of on -site parking spaces remains at 17 as approved on July 17, 2014. 2. A parking reduction for up to eight spaces is approved based on the availability of four new on- street angle parking spaces to be marked along the west side of Northeast 2nd Avenue and four new on- street angle parking spaces to be marked along the east side of Northeast 2nd Avenue, as shown on the Dunkin Donuts NE 2nd Avenue Store On- Street Parking Exhibit dated 9130114. 3. The mix of uses in the Dunkin Donuts building is limited to that which can be supported by 25 parking spaces, the 17 previously approved on site spaces and eight on street spaces deemed to be surplus spaces in the immediate vicinity of the Dunkin Donuts facility. Following is an example of a mix of uses supportable by 25 parking spaces: 1,600 square feet of restaurant (21.33 spaces), 400 square feet of office (1.33 spaces) 2,817 square feet of storage (2.82 spaces) with the remaining 300 square feet of space being devoted to a play room, which requires no parking. Parking requirement is 25.48 spaces and is rounded down to 25. The action is for Site Plan No. 14-005-TRC as revised. Motion carried unanimously. . . . • . CO .)—.. 0 I.e.,. ,_..... a.) cm 01 erS• ..---.7-..--- q..) C \ (....A.) . no ,..... - 1-- c ..... . . . E- n \\\\\ • F- 4\\\ \-\ • _ . . . . . . .... co 01 _Is. C,..) \E,2 \D S ...... . . ( i. d 0 ,—. ,. I- 1- r ... NE, STATE .......„ 03 'S.ID crs‘ 01 ... . -r• ..... c ,..f ,._., -r> . _..k. ..---.....--------- ti F ./. q till 14 !, 44 DUNKIN' DONUTS NE 2ND AVENUE STORE • SCALE VERIDC41109 .....---,...............................--,-,--....................---.. ...,,. Steven L. Dobbs • - ' Engineering), LLC . . 1934 Cantor Street Okocchobco. Fl 34974 Phone: (803) 824-7644 Fax: (863) 824-7633 no. annea e uea.... /sari. V,,,u,-- ■ A44.4444 (. CKsweer. ..., MALI reo. ( =am 014...11.T. 1 SITE PLAN OM-STREET PARKING Exmarr ...AM 02.......Nl WI', ',-IdE.T matt... .. von. se... IA Want: . WIZ.. 1 44 omc le. ) 427.:0M1 Staff Report Site Plan Review Applicant: Albert Zakhary Petition No.: 14- 005 -TRC VG ER r INF "Q �lV 1�IC Y. j'� id .tr ✓ 7 � �ii. ..{t.t}i a ,�, cr -S`� 6j k ..•� T...__`�...... _.. �. ..__.r, h�^.... �. 5._ �.._.... ti, �. i....T: ^..�.- .I...i�... GSi {.hP ��I�a�L _..x'� . .zT- ta(.� .^S Owner Owner Address Applicant Applicant Address Site Address Contact Person Contact Phone Number PMA Okeechobee, Inc. 6579 Marbletree Lane Lake Worth, FL 33467 Albert Zakhary 4993 Hwy. 441 South Okeechobee, FL 34974 205 NE Park St. Steven L. Dobbs (Engineering Consultant) (863) 824 -7644 Legal: Lots 7, 8 and 9, Block 153, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida Location: 205 NE Park Street, FL Parcel Identification Number: 3- 21- 37 -35- 0010- 01530 -0070 The Applicant received approval of a Special Exception in May, 2014 and Site Plan approval in July, 2014, for drive- through service associated with a Dunkin Donuts coffee and donut shop in the former 5,000 square foot First Bank of Indiantown building. The approved site plan was for 1,000 square feet of restaurant and 4,000 square feet of storage space served by 17 off - street parking spaces. The Applicant now wishes to change the mix of floor space to: 2,000 square feet of restaurant customer service and kitchen areas O 400 square feet of office space O 300 square feet for a playroom for children coming to the restaurant with adults O 2,300 square feet as central warehouse /storage area for cleaning supplies, excess signage, unused ovens /tables, etc. for other Dunkin Donuts stores the Applicant is looking to build within a 30 -50 mile radius. 4•nigg I'InriJa !oral 1Gnvrnmva:•. ?ia�r I•I�S Staff Report Site Plan Review Applicant: Albert Zakhary Petition No.: 14- 005 -TRC These changes result in the need for off - street parking as set forth in the table below: Use Square Parking factor Parking Req'd Restaurant 2,000 One space /75 sq. ft. 26.67 Office 400 One space /300 sq. ft. 1.33 Playroom 300 No parking required 0.00 Storage 2,300 One space /1,000 sq. 2.30 TOTAL (rounded) 5,000 30 To address the additional parking required by these changes, the Applicant wishes to modify the site plan with the addition of a parallel parking space at the southern end of the one -way south bound parking /exit aisle, thereby increasing the on -site parking to 18. The Applicant is also requesting a favorable recommendation for approval of a parking reduction amounting to 12 spaces (representing a reduction of 40 %). Following is the Staff analysis of the project's consistency with the various City requirements and regulations. Instances where the Staff believes the submission to be deficient are highlighted. Existing Proposed Future Land Use Commercial Commercial Zoning District CBD CBD Vacant, Former First Bank of Dunkin Donuts restaurant Use of Property Indiantown with drive - through facility and warehouse /storage. Land Area 0.49 ac. (21,257 sq. ft.) 0.49 ac. (21,257 sq. ft.) >rrvin■• I'IuriJa 1.. :t! i•111111vritS S, i . • I9SS Staff Report Site Plan Review Applicant: Albert Zakhary Petition No.: 14- 005 -TRC Future Land Use North: Zoning District Existing Land Use Future Land Use East Zoning District Existing Land Use Future Land Use South Zoning District Existing Land Use Future Land Use West: Zoning District Existing Land Use Commercial CBD Retail and offices and single - family homes Commercial CBD Newman AC building beyond which is a vacant lot. Public Facilities PUB Flagler Park Commercial CBD CVS Pharmacy 0; 40 M t Z OW42 IWig*I..nc ✓f; - t3z" W.:` -•. POTABLE WATER AND SANITARY SEWER: The demand for potable water and sewer service associated with the uses described previously are not expected to materially exceed that of the former bank use. SOLID WASTE DISPOSAL: On a number of occasions the County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other developments in the City. It appears reasonable that the volume of solid waste associated with a development of this size can also be accommodated within the capa- city of the County's Solid Waste Facility. DRAINAGE: The site is now almost 100% impervious and no changes are proposed that increase the size of the building or other impervious surfaces. Consequently the existing stormwater system will remain intact. APPROPRIATENESS OF THE PROPOSED PARALLEL ON SITE PARKING SPACE ( #18) The most recent site plan submitted with the Application shows the 18th on -site parking space as a parallel parking space located along the southern property line. This parking space violates the LDC in that it infringes into the visibility triangle by almost 12 feet. The visibility triangle is defined as "the triangle formed by a straight line connecting two points located on, and 35 feet from, the intersection of the two street property lines." SCIA 111)1ula ;OS t•run:rats Sinry 19.S5 3 Staff Report Applicant: Albert Zakhary Site Plan Review Petition No.: 14- 005 -TRC TRAFFIC GENERATION AND IMPACTS: TRAFFIC GENERATION: The AM weekday peak hour trips generated by the proposed mix of uses is 204 based on the following calculations: A 2,000 square foot coffee /donut shop w /drive -in window (ITE Code 937) generates 101.4 trips per 1,000 square feet, indicating a weekday AM Peak of 203 trips. A 400 single- tenant office building (ITE Code 715) generates 1.80 trips per 1,000 square feet, indicating a weekday AM Peak of one trip. 2,300 square feet of warehousing (ITE Code 150) generates 0.42 trips per 1,000 square feet, indicating a weekday AM Peak of one trip. ACCESS AND EGRESS: Vehicular access and egress customers receiving service inside the restaurant will be provided in the same manner as described in the site plan as originally approved in July. That is, vehicular entrance to the property will be only via a right -in or left -in from NE 2nd Avenue; no entry will be allowed from SR 70. All egress will be through a right -out onto SR 70; no egress will be provided directly onto NE 2nd Avenue. TRAFFIC STUDY: The LDC requires that a project generating over 100 peak hour trips provide a traffic analysis. Calvin, Giordano and Associates, Inc. (CGA) has prepared a Traffic Study (rev 12- 18 -14) on behalf of the Applicant. The study addresses three areas of potential concern associated with the proposed use: 1. The impact of peak hour traffic generation by the proposed uses upon nearby roadways and intersections. 2. Adequacy of the proposed drive - through to accommodate the vehicles expected to patronize the drive- through service facility. 3. Appropriateness of the requested parking reduction. Impact on roadways and intersections Typically, when a new use replaces a former use, the traffic impact is considered to be the difference between that of the former use and the new use. In this case, there is a significant difference between traffic generated during the AM peak by the former bank and the proposed Dunkin Donuts; but only a minimal difference during the PM peak. For this reason, both the Traffic Study and this Staff Report concentrate on the AM Peak. Since there is no ITE generation rate for the bank during the AM Peak, the entire 204 trips are used to determine the impact of the new uses on nearby roadways and intersections. ..•nln • 1.1011lLt l,.■•a1 t7utivI i I I1t.. >inro 17:i5 Staff Report Site Plan Review Applicant: Albert Zakhary Petition No.: 14- 005 -TRC CGA has stated that its Traffic Study shows that both SR -70 from N. Parrot Avenue to NE 2nd Avenue and NE 2nd Avenue from SR -70 to NE 2nd Street will continue to operate within the City's adopted levels of service for both the AM and PM peak hours. Similarly, the Study shows that the unsignalized intersection of SR -70 and NE 2nd Avenue and the signalized intersection of SR -70 and N. Parrot Avenue will continue to operate at an acceptable LOS (LOS D or better) during the AM and PM peak periods. Based on the numbers presented, we believe these to be reasonable conclusions. Drive - through queuing analysis The CGA analysis concludes that the drive - through facility, allowing for storage of eight vehicles as shown on the site plan, will accommodate the expected drive - through patronage with only a very small chance (0.3 %) of spillback into the public right -of -way (i.e., having more than eight vehicles in the queue). We agree that this represents a minimal probability of the drive - through patronage exceeding the storage capacity of the facility. Appropriateness of requested parking reduction. As shown in the table in the General Description section, the mix of use now proposed by the Applicant will require provision of 30 off - street parking spaces unless a parking reduction is granted. Consequently, the Applicant is requesting a parking reduction as allowed by Sec. 90 -512. This section allows, under certain conditions, a reduction of up to 80% of the required parking for a given use located in the CBD Zoning District. The previously approved site plan shows 17 off - street spaces in the parking lot, one of which is designated for the handicapped. The parallel space proposed as the 18th parking space encroaches into the visibility triangle and, therefore, is not a legal parking space and will not be considered as such in this analysis. The Applicant is requesting a parking reduction of 13 spaces. This reduction is 43% of the total required parking. The LDC allows for up to an 80% reduction in the CBD District. However, §90- 485(a) states that the parking reduction may only be granted to the extent "... that there is a surplus of on street parking in the immediate vicinity of the proposed use that is not required by other uses..." The issue here is (a) the availability of conveniently located (i.e., located in the imme- diate vicinity) on street parking spaces that (b) are not needed by other businesses. NonigtZ I'I,ainI i L ,,a1 (tuwrnn:rna Sinn• 191ti 5 Staff Report Applicant: Albert Zakhary Site Plan Review Petition No.: 14- 005 -TRC a. Availability of spaces in the immediate vicinity in the submission 1. The "On- Street Parking Exhibit" in the Traffic Study shows four new striped angled spaces along the east side of NE 2nd Street. The location of these spaces mirrors that of the parking spaces on the west side of SE 2nd Avenue in front of the Police Station. In our opinion, all four of the spaces could be considered as potential on- street parking for the purposes of the requested reduction. 2. The Exhibit also shows four, newly lined, angled parking spaces along the west side of NE 2nd Avenue just north of the southernmost driveway entrance to the parking lot of the CVS building. It appears that some spaces previously existed at this location, but the lines have either been worn off or painted over so as not to be clearly identified as parking spaces. While we originally had concern over the appropriateness of these spaces, correspondence with CGA and others, we now agree that these four spaces could be considered as potential on- street parking for the purposes of the requested reduction. 3. The graphic on the following page was taken from the Appendix F of the CGA Traffic Study. It shows 15 parking spaces Tying north of the Dunkin Donuts site on the east and west side of NE 2nd Avenue. We commented in a memo- randum to CGA that we believe all five of the spaces on the west side of NE 2nd Avenue are located too far from the entrance to the Dunkin Donuts (varying from about 300 to 350 feet) to be considered in the immediate area. Similarly, we noted that the ten spaces on the east side of NE 2nd Avenue, are between 190 feet and 315 feet walking distance to the entrance to the Dunkin Donuts. Of these we suggest that the three southernmost spaces, which are located between 190 feet and 235 feet walking distance from the Dunkin Donuts entrance, are the only spaces that could realistically be construed as sufficiently convenient to be considered in the Applicant's request for a parking reduction. However, these spaces must also be proven to not be needed by other businesses in the immediate area. Figures 1 through 7, showing walking distances from various on street parking locations to the Dunkin Donuts entrance, are located in the Appendix to this Staff Report I- >onin:: l'I..ri i3 I..er:e! (i.ne•rnnt■■t•. ' nea• 19Sti 6 Staff Report Site Plan Review Applicant: Albert Zakhary Petition No.: 14-005-TRC NIONG•VOIPPOlp....." - . 6 • s•—•• r • ■ •:'•.1"1.1`•-•-■ "."`"*. • %.:*/' 1; - • 1* . • • * • ? •••■.-••••- • tier l'Ioritla Lot:11 Com err.nlerIIs Si,tir 19titi 7 Staff Report Site Plan Review Applicant: Albert Zakhary Petition No.: 14- 005 -TRC In response to our comments, CGA referred us to two documents it relied upon for the conclusion that all 15 of these spaces are within an acceptable walking distance for customers of the Dunkin Donuts. The first of these documents is "Driving Urban Environments: Smart Growth Parking Best Practices" in which the section on shared parking included reference to the fact that the San Diego, CA code and the Eugene, OR code allow shared parking to be 600 feet and 1,320 feet away, respectively, from the uses served. The other reference used is "How Far Should Parkers Have to Walk ?" This publication recognizes that "rules of thumb" are not universally applicable and goes on to cite various examples such as "walking distance inside the ring road at major shopping centers as 400 feet..." It also noted that 400 feet has been found to be a "reasonable distance for shoppers in central business districts." The text also notes that an acceptable walking distance is deter- mined by a number of variables including the trip purpose. HOWEVER, while there are references to shoppers, shopping centers, and offices, nowhere in either article is there any mention of convenience establishments such as convenience stores or fast food establishments like a Dunkin Donuts. We suggest that the maximum walking distance from required parking to such types of convenience establishments should be limited to about 200 feet. If you look at the nearby McDonalds, the new parking contains spaces behind the Auto Parts store to the east. The first two rows of this parking contain some of the parking required to support this facility, the furthest of which is about 200 feet from the nearest entrance. Anecdotal observation indicates that, even at this distance, these spaces are seldom used, and even then they are generally occupied by large trucks and semis which have problems parking in the closer -in spaces. b. Availability of spaces that are not needed by other businesses. Obviously, since the four on- street spaces on the east and west sides of NE 2"d Avenue were not identified as such in the recent past, there is no history of their having been needed by other businesses in the immediate vicinity. Therefore; these eight spaces meet both of the requirements of §90- 485(a) Parking utilization data was collected by CGA on November 17, 2014 between 7 AM — 9 AM for the five spaces along the west side, and the 10 spaces along the east side, of NE 2nd Avenue north of the alley just north of the proposed Dunkin Donuts location. These observations were recorded to evaluate on- street parking conditions during the peak period when trip generation for the Dunkin Donuts and associated uses will be at their maximum. Refer to Figure 8 in the Appendix. This table shows the parking utilization data for spaces 6 -15 as recorded by CGA. Su, ing 1.1,.ri,la I∎ 1 Gin i•rn mrn:c Sin . 19NN 8 Staff Report Site Plan Review Applicant: Albert Zakhary Petition No.: 14- 005 -TRC Because all five spaces on the west side of NE 2nd Avenue, and all but the southernmost three spaces on the east side, are located greater than 230 feet walking distance from the Dunkin Donuts entrance, we do not consider them to be sufficiently convenient to serve as parking spaces for a fast food restaurant such as a Dunkin Donuts. Moreover, most of spaces 6 — 15 on the parking diagram are being used by other nearby business between 8 AM and 9 AM. Therefore, it is our opinion that, while some of these spaces are available part of the time during the morning peak, they are not sufficiently available to Dunkin Donuts to be considered unused by other businesses. c. Other information provided by the Applicant In the section of the Traffic Study concerning the justification for the parking reduction, CGA refers to a parking observation survey of the Dunkin Donuts located at 650 SE Becker Road in Port St. Lucie. The facility encompasses about 2,500 square feet including the outdoor dining area. The parking lot contains 30 parking spaces on site. This could be considered reasonably similar in scale to the Dunkin Donuts proposed by the Applicant. CGA conducted a one -day observation of parking at the Becker Road site on November 20, 2014. The data from this observational survey shows only that the business at the Dunkin Donuts on Becker Road did not, on that day, require more than eight parking spaces at any time during the hours of 7 AM and 9 AM. This, however, does not justify a parking reduction for the proposed Dunkin Donuts in accord with the requirements of §90- 485(a) of the Okeechobee LDRs. A more thorough, week -long, parking observation study on the subject property, operating at the intensity approved by the TRC in June, 2014, could provide a basis for determining whether or not the proposed Dunkin Donuts location in Okeechobee would have a demand for parking less than that required under the current parking regulations. Such a reduction is provided for in §90- 483(1)a, of the Okeechobee LDRs. �,st:�p��(' .N�.:c ��i(� G1�eu� �Y �+ �if8��'�t�,u���y''�:� �c��c'ryay� ,e ����,a}�,�''i= j "f- Y S'ttx / { a�Cit ��Fa� .�,�� �' Ar n y�yr� e�,yr. • {�,rt }�'rt{t,�� �! of �5 �! ORa?�l '•KiiseS; Wa i ii_ ,:ffi?i -�a} A- L'tsdriv.��i7!'iY,. ehi. ', rgm'rYt.- y ii4V. ?1F ��' �`Fyj'E The information provided by the Applicant indicates to us that only the eight on- street angle spaces proposed for the east and west sides of the southern part of NE 2nd Avenue nearest to SR 70 meet the requirement for a parking reduction in that they: 1, Are in the immediate area (Le., are conveniently located to serve the proposed Dunkin Donuts, and 2. Are not needed (being used) by other businesses in the immediate area. %enint; fi,,iiLi L•nt iLncrnn:.•au, Sinn• ■Pih Staff Report Site Plan Review Applicant: Albert Zakhary Petition No.: 14- 005 -TRC [,� „9' MVIA ,, ,V!3 r r ,sq V,M11(iENE7�1Qu� i`.i i.,`?,N -1 ,r?,n �t. tfky?, ,w•tw't,,£.lS- ktA,.ca`�cis'-3�' h4-� �`> Based on the foregoing analyses, we recommend limited approval of the parking reduction only to the following extent and under the following conditions: 1. Since the proposed 181h onsite parking space violates the visibility triangle, the number of on -site parking spaces remains at 17 as approved on July 17tH 2. A parking reduction for up to eight (8) spaces is approved based on the availability of four new on- street angle parking spaces to be marked along the west side of NE 2nd Avenue and four new on- street angle parking spaces to be marked on the east side of NE 2nd Avenue, as shown on the Applicant's "On- Street Parking Exhibit ". 3. The mix of uses in the Dunkin Donuts building is limited to that which can be supported by 25 parking spaces -- the 17 previously approved on site spaces and eight (8) on street spaces deemed to be surplus spaces in the immediate vicinity of the Dunkin Donuts facility. Following is an example of a mix of uses supportable by 25 parking spaces: 1,600 sf of restaurant (21.33 spaces), 400 sf of office (1.33 spaces) 2,817 sf of storage (2.82 spaces) with the remaining 300 sf space being devoted to a play room, which requires no parking. Parking requirement is 25.48 spaces and is rounded down to 25. Submitted by: Wm. F. Brisson, AICP Planning Consultant January 6, 2015 TRC Hearing date: January 15, 2015 - -- 'son 1.1,,rida 1., n':,I ii.nvrmn,•n:. �inrr 1�15ti 10 AVERAGE ON- STREET PARKING OCCUPANCY Average Number of Spaces Available In — In .-. In •- to .•I 'n r1 v, .r to •■t er H 14 I M — N ■■1 .-- H 10 ' O - O .-t 00 00 00 00 G1 00 00 00 N Average Occupancy 0 .-a 0 .i 0% 0 O 0% 0% 0 O 0 d 0 13% 19% 28% 33% 35% 36% °\ "er 48% 48 % 43% 45% 0 'd 48% 52% 48% % Occupied ,n o 0 C.-) 0 0 0 0 0 0 0 0 0 0 0 0 0 s. 0 s 0 0 -- 0 0 N %0Z 0 N 33% 47% 47% 47% 40% 47% r 47% 47% 40% 33% %L /Mb( I %L 0 0 0 0 0 0 0 0 0 ^ -- 13% J 13% l 0 do- 47% 0 0 53% 53% 53% 53% 47% 53% ■ 47% 47% 47% Day3 0% 0 0 0 0 :0 0 0 0 0 %L 27% 33% 0 O �fi 53% 53% 53% 0 O kJ 0 "0 t— \O 0 0 0 0 0 0 0 t- t- t-- t- M \O VD '0 VD t� 0 0 0 0 M M M t� l- t� Day 2 0% 0% 1 O O 0 O 0 0 O O 0 O 0 O 0 0 cn CV 0 N 0 N 33% 0 N 33% 33% 33% 33% 27% 27% 33% 33% 47% 40% o g0 0 0 0 0 0 0 0 0 • 0 0 0 0 0 0 0 0 ° 0- 0 0 N 0 N 27% 0 C•zt 0 :0 40% 40% 33% 33% 33% 40% 53% 47% Time 7:00 AM 1 7:05 AM 7:10 AM 7:15 AM 1 7:20 AM 7:25 AM 7:30 AM 1 7:35 AM 1 7:40 AM 7:45 AM 7:50 AM < v1 �n t` 8:00 AM 1 8:05 AM Q O 00 Q V) 00 Q O N 00 8:25 AM 8:30 AM 8:35 AM 8:40 AM 8:45 AM 8:50 AM 8:55 AM 9:00 AM Out I'ianeeainry. Spcacl /,ufute) To: Mayor and Council Date: Feb 3, 2015 Feb 3, 2015 Agenda Add New Business Item C Exhibit 4 MEMORANDUM f From: City Clerk Gamiotea Subject: Citizen Board Appointment The City General Employees /Okeechobee Utility Authority Pension Board of Trustees, notified my office that they appointed their Fifth - Member, Mr. Jose Santiago, at their February 2, 2015 meeting, with his term being February 2, 2015 to December 31, 2017 (replacing Linda Tewksbury). Mr. Santiago resides in the County, he is employed by the OUA. While he was kind enough to complete a Citizen Board Application, this is basically all the information that was provided. If you would like to review his application, or want a copy sent via email, let me know. We respectfully ask the Council to consider a motion to ratify the appointment of Mr. Santiago to this Board. The Updates! from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 City Council meeting of February 3, 2015 • Dunkin Donut, 205 NE Park — Parking reduction request is on the Agenda. a. Applicant rec'd a Special Exception (drive thru) in May '14 b. Applicant rec'd site plan approval, which incl 17 pkg spaces and a floor plan that incl 1000sq ft of restaurant & 4000 sq ft of storage. c. Applicant indicated at the time of site review they would be coming back for a pkg reduct'n. Then it was determined, by the applicant, that they would open and see what practical difficulties they had w/ parking and use that info in their pkg reduct'n request. d. Applicant changed direction and approached the 1/15/15 Tech Review Comm (TRC) w/ a pkg reduct'n request of approx 40 %. (the site is technically in the Central Bus Dist and requests for reductions are provided for up to 80% (Sect'n 90- 485(c). The request on the table includes: Use Sq ft pkg required Restaurant 2000 26.67 Office 400 1.33 Playroom 300 0 Storage 2300 2_3 Total 5000 30 (X40% = 12) (X50 % =15) The Jan 15 TRC approved a parking reduction of eight (8) spaces predicated on the number of on street pkg spaces available for the applicant's use. It's incumbent on the applicant to demonstrate that there is a surplus of on street pkg in the 'immediate vicinity'. Steve Dobbs, in his argument representing the applicant, supplied documentation (see attached) of NE 2 Av usage as it relates to `all parking spaces' (see attached diagram) on that street. So, there's a bit of subjectivity involved on what is in the 'immediate vicinity', convenient for their customers and what might be competitively conflictive for other businesses. Mr. Dobbs supplied the following business info: Dunkin Donuts states their peak time is between 7:30 am until 8:00 am. They are basically cleared out by 8:30 ani. There are currently 4 businesses in the building north of this facility a Raulerson Hospital Doctor's office to the north of the facility that also uses on- street parking, whose office hours are 8:00 am until 5:00 pm, but they do not start seeing patients until 9:00 am; Flower Petals, whose office hours are 8:00 an until 5:00 pm; Marder Dermotology, whose office hours are 10:00 am — 3:00 pm every other Tuesday; and My Aunt's House, the Closet, which is by appointment only. The Exhibit to the Agenda is the Staff Report, less several zoning and 'walking distance' configuration maps. Pls advise if you would like a copy of the initial 25 -page traffic study analysis, the Planner's observations on the study, or the maps I just referred to. Page 1 2/3/15 Activity Rpt Cont'd • Agenda open discussion — Councilman Ritter noticed the Council has no venue for an open forum and wanted to have a brief discussion about it. • Main St Top of the Lake Art fest 2/7 -8/15 • Impact fees — As you know, the City has passed ordinances that placed annual moratoriums on fee collection, the last of which expires 6/30/15. The School District (Nov '14) and the County (Dec '14) adopted ordinances that terminated the impact fee process. Again, we will present something official prior to June 30th. • Parking lot downtown — As you are aware, the City continues to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. I'd like to investigate the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW 4rn Av (where the Christmas trees were sold). 1 know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. • Pressure wash roofs of City Hall, Fire Station & storage bldg was ompleted on January 24. The contractor is going to have to return to do some building cleaning which he didn't argue was part of the contractual arrangement. (Note: plan on finishing this Sat, 1/31/15) • Railroad xinq at NW 9th Av — Plan on completely closing NW 9th Av at the tracks starting Monday, 2/2/15 for two days. I mentioned that the CSX project est is $38,820 payable 100% by the Agency (City). They refer to a 1991 Agreement and a $16k submittal by the City in 1992 as evidence of the City's commitment. The only commitment we are able to get out of CSX is that they expect the cost to be less than the estimate and that they would be willing to stretch the $39k over several months payments. • FDOT Signal Maint Agreement — The City just rec'd the third installment of DOT's updated Signal cost reimbursement Agreement (State reimburses the City). The City approved the annual Agreement in June 2014. In Oct, we passed a modified Agreement that described the State's and the City's responsibilities more thoroughly...we felt it was not too intrusive. In Aug we rec'd $9000 in reimbursement. For comparative purposes, for example, we rec'd — 2007 - $7200, 2011 - $8300. We will be presenting the Agreement, after a thorough analysis, assuming it's not too damaging, at the next meeting for approval City Atty: Litigation update: • Larry Parzygnat v City — Nothing to report. • FDOT / Hamrick litigation — Atty Cook and I briefly discussed the City's approach to this and he plans to set up a meeting w/ our attorney Adams Weaver to discuss costs /strategy. City Clerk: • Centennial Celebration — Votinq Members: Advisory Members: Magi Cable, Jeanne Enfinger Justin Domer Sharie Turgeon, John Williams Katrina Elsken Dawn Hoover, Vice Chair Donna Gaiser J.D. Mixon, Chair Susan Giddings Antoinette Rod igyez -(no longer Chamber of Commerce affiliated) Page 2 Staff: Brian Whitehall, City Administrator David Allen, Public Works Director Lane Gamiotea, City Clerk 2/3/15 Activity Rpt Cont'd (City Clk cont'd) • City Clerk activity report for Jan 2015 is attached. City Police: • 911 services — Karl Holtkamp, Okee Fire /Rescue, Co Adm Chattier, Chief Smith, Chief Davis, Maj Peterson and I met 1/15/15 to discuss financial constraints facing the County and the 911 dispatching services within the next several months. Will supply additional information as it becomes available. Finance • Fye 9/30/14 Audit scheduled for week of Feb 16, 2015. General Services / Planning Board: • Zoning amendments, Lightsey property — Ord 1118 (2nd Rdg) on the Agenda is the proposed zoning changes for Lightsey's parcels in the vicinity of NE 7th Av and 3rd and 4th St. the request is to change several parcels from RSF and one parcel that's currently CPO and one parcel that's in Holding all to Light Commercial. • Ord #1119 (1st Rdg) LDR definition etc. on agenda - places into effect the definition changes mentioned in the Bill Brisson memo I distributed last report. It also designates Taxidermy as a Special Exc in CLT & CHV and Pet Grooming as a permitted use in CLT & CHV. You'll notice that an ordinance was published in slightly different format and a new "REVISED" ordinance was created...hence the agenda refers to `revised'. • Historic Preservation Ord - At the 1/15/15 mtg the PB made some initial remarks on the sample Historic Preservation Ordinance from Sebring. Once completed the Okeechobee ordinance will be prepared and sent back to them for final approval...then on to the City Council. • Building permit revenue chart (yr to yr history) — is attached. As promised, the spreadsheet reflects revenue comparisons (vs BP numbers as presented in the last report). A noteworthy footnote is that the average permit fee increased from $102.07 in 2012 -13 to $141.35 in 2013 -14. Fire /Code Enforcement: • Migrant Housing — I'm happy to report that the county Health Dept is playing an active role in referring applicants to the City for zoning and other compliance issues prior to issuance of a permit. • Nuisance house at NW 9th Av and 2nd St — This is the yellow nuisance house on the corner. Staff has managed to secure all of the nec docs to remove the building, including the owner's permission to attach a lien to the parcel. We are coordinating the demolition. Public Works: • 441 median landscaping (Grant funded -Main St) — since last report, the Pub Wks finished the irrigation installation and I have contacted FDOT for grant reimbursement of $96,492.71. Page 3 2/3/15 Activity Rpt Cont'd (Public Wks cont'd) • GRANT APPROVED - Canals - Legislative Grant $100k - Agreement w/ DEP — Executed the Grant Agreement for the water conveyance project. The City requested $450k but was only funded to the $100k. For the 2015 legislative requests, the City again requested $450k. In 2013 received and completed $250k in canal work. Because of the set up and staging costs for this project (last yr was —$30k) I'm hoping the City will secure additional funding (see below) before we start the contractor work. I sent an email to the canal contractor and he is onboard with whatever construction window we end up with - I wanted to apprise you that back in November the City received confirmation that we were funded through another FL legislative grant to the tune of $100,000. Knowing that this amount will not complete the project and understand that a considerable amount is dedicated to staging for the canal cleaning work, we have delayed executing an authorization w/ your firm to proceed. We have two additional applications in place, one w/ South FL Wtr Management Dist and another submittal to our legislators, that if funded will give the city adequate monies to contract your firm to complete the project. Timing is paramount for all this to come together. The approved $100k grant expires on Nov 5, 2015... if no work completed prior to that time, the city loses the grant. Hopefully, the city will be advised within the next few months that we are successful on one or two of the other funding mechanisms and we can contract you to complete the work. If the City is unsuccessful on both we will have no recourse but to proceed w/ the limited funding we have. I wanted to confirm w/ TSI that you would be in a position to respond once the funding is known. • GRANT — Canals — SFWMD grant — On 11/18/14 submitted a grant application for additional funding ($185k) to assist the City in completing the canal cleaning project. This is the inquiry response I rec'd last week from Mark Elsner, Wtr Supply Devel Sectn, SFWMD: Thank you for your email regarding Okeechobee's FY2016 Cooperative Funding Program (CFP) application. The CFP process consists of a two-part process. Part 1 applications for the FY2016 Cooperative Funding Program were submitted in November 2014. The Part 1 conceptual application provided high - level project details, general timeline and anticipated benefits. The Part 1 applications /projects will be presented to our Governing Board at their regular meeting on February 12 to determine which projects should be further considered for FY2016 cost - sharing in Part 2. Applicants for projects selected by the Governing Board for further evaluation in Part 2 will be requested via a second application to submit detailed project information, timelines, funding commitments and benefit quantifications. Notifications will be sent within two weeks following the February 12 Governing Board meeting about the status of your application. Page 4 2/3/15 Activity Rpt Cont'd (Pub Wks cont'd) • GRANT APPROVED - Storm sewer at SW 2 'd Av & 8th St — I've contacted FDOT and am waiting for them to supply supporting funding documentation for the $57,750, Small County Outreach Program (SCOP) program. The Engineering Agreement with Culpepper & Terpening was executed as per last meeting. • GRANTS - Taylor Creek Park/Centennial Park grant applications — FWC — submitted two grant applications, in mid Nov, to the Fish & Wildlife Commission (long and short forms) for infrastructure improvements at the proposed park. Mentioned that we had met w/ FWC officials at the park last Nov. I spoke to Steve Gornak, FWC Habitat Conservation, last week and he indicated the apps are in review, which will take `til the end of February. They rec'd about 100 applications and after their review the `approved' ones go to Tally for "rubberstamp ". • FPL to move pole at Centennial (Taylor Creek) Park —I mistakenly reported that due to an endangered bird the pwr pole in the park is to be moved by FPL. Last week were advised that a 2nd pole will be installed and the existing pole will remain. With that in mind I emailed FPL about the possibility of compensation for allowance of the pole on city property, particularly in light of how unsightly I `might' be in our park. Will keep you posted. • 2014 -15 Asphalt program — We are staying the course with the NW 9th & 9th project. The City crews w/ the assistance of the county finished the NW 9t Av culvert replacement but now the CSX crossing replacement should be completed prior to our project in order to cut it in properly. As mentioned above, the CSX project is expected to start (and finish) next week. Another setback was that the asphalt plant wasn't producing `hot mix' until last week...they apparently were converting to natural gas. • GRANTS - Taylor Creek Park/Centennial Park grant applications — FL DEP — As reported prior hereto the City rec'd rejection letters from the FL DEP for both the TMDL (total max daily load) and Sect'n 319 grants. I spoke to Stef Matthes, Culpepper & Terpening Engineering, and as previously thought we should be resubmitting...virtually no added cost and will put the City in the next round of funding. Background: On June 27th Culpepper & Terpening sent an application to DEP for a second grant, TMDL Water Quality Grant App for $367, 260 of which requires a 50% match ($183,630). As you might recall, we applied for a Section 319 in May. That grant calls for a $367k grant and a $147,052 (40 %) match. • City median landscaping — Brad Goodbread confirmed they had some 180 +/- trees dedicated to our medians on SE 4th St, and various SW streets. The trees will be FREE but he wanted to cover his costs on installation. • 441/70 intersection protect — There's a web link to the SR 70/441 project at http : / /co.okeechobee.fl.us /click link entitled `County Documents' on left side of home page. David attends weekly construction meetings. Page 5 2/3/15 Activity Rpt Cont'd Other: • The OUA has deliberated over the last several years as to expansion projects. As you are probably aware, there was a bit of a public stir when OUA staff pursued grant- funding for an expansion that included Treasure Island. While there is a much needed installation necessary, the non - grant- funded expanse would have resulted in potentially substantive increases in rates. The OUA Board, according to Director John Hayford, continues to explore potential expansions but a variable that keeps arising (especially in the county) is whether the governing agency (the City /County) would mandate connection once the capital improvement (C /I) is installed. "There would be no financial advantage to installing a significant C/I if no one would be required to connect to it." I rec'd the following inquiry from John last week: I would like to respond to some questions raised by the OUA Board and as we discussed at our latest get together. The main question: Are connections required to water and sewer piping when it becomes available to a given property? There are some areas in the City now where water and sewer is available and property owners have not connected because City Codes and LDR's do not require connection. Of course, the parallel questions is why would the OUA install new lines in City areas if the same Codes and LDR's did not require connection. The City's Comp Plan: Policy 1.8 Utility connections mandatory for existing development upon a change in ownership: (1) Where potable water and sanitary sewer service lines are in place and service is available immediately adjoining the property, any use not connected to the potable water and /or sanitary sewer system shall be required, at the time of a change in ownership, to connect to the system(s). (2) No development permit shall be issued, or other required approval granted, until such time as financial arrangements with OUA for the payment of connection fees and capital outlay fees associated with required connection to the system(s) have been completed. I have not added the matter to the City Council agenda yet and there is nothing in the Code LDR's that corroborates the Comp Plan policy. For clarification, I'm assuming the City Council still holds to the above policy (after all, it was adopted) but an expansion of that policy to mandate the connection requirement, without regard to ownership change, would be a deviation of what the Council has approved, I think. I recollect that the Council discussed this at some length with the Comp Plan amendments associated w/ the Water Supply Plan adopted October 2011. It would appear that some of the OUA Board members wish that the policy was a bit more stringent... requiring all residents to connect. Page 6 Staff Report Site Plan Review Applicant: Albert Zakhary Petition No.: 14- 005 -TRC Serving Florida Lucid Governments Since 19titi 7 AVERAGE ON- STREET PARKING OCCUPANCY Average Number of Spaces Available In - 1� 1n - - 15 - - 13 N 10 10 10 00 00 00 00 C\ 00 00 00 N 00 Average Occupancy 0 1-■1 0 .■I 0 O 0 O 0 O 0 O 0 O 0 el 0 to °° 28% 33% 35% 36% _ 44% 48% 48% 0 43% I 45% f 0 N 0 0 0 If) N 0 �V % Occupied I Day5 0 0 ■ 0 0 0 0 0 o 0 0 0 0 0 7% 0 S 0 0 0 N0 0 N N 33% 47% 47% 47% I 0 O∎t 47% 47% 47% 0 CD 33% 1 I Day4 0 S %L I O 0 O 0 O 0 O 0 O 0 M 0 M .--, 0 M ..... 0 M 1--4 0 O • I- 47% 47% 53% 53% 53% 0 Cr) In 0 M vl 47% 53% 47% 47% 47% 47% M C3 0 0 0 0 0 0 0 o 0 o 0 0 0 o 0 o 7% 0 N 33% 0 53% 53% 0 ,M 0 0 0 N 0 ■ 0 O 0 N 0 N 73% 73% 1 Day2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13% N 27% 27% 33% 0 N 33% I 33% 33% 33% 0 N 0 N 33% 33% 47% 0 0 ~ C 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0 0 0 0* 0 %0Z 0 N 0 0(V 0 N 0 d0' 0 'O- 0 40' 0 O, 33% 0 M 33% 1 o00 0 In 47% 1 7:00 AM 7:05 AM 7:10 AM Q 7:20 AM 7:25 AM 7:30 AM 7:35 AM 7:40 AM Q "zr t� 7:50 AM Q In N I I 8:00 AM Q 0 00 I I 8:10 AM - -I Q .� CO i II 8:20 AM 8:25 AM 8:30 AM 8:35 AM 8:40 AM 8:45 AM 8:50 AM 8:55 AM 9:00 AM STAFF ACTIVITY /STATUS REPORT TO: Mayor Kirk, Council Members and Administrator Whitehall FROM: Lane Gamiotea, City Clerk/Personnel Administrator (a( DATE: January 29, 2015 In addition to our daily routine work, here are items of notable interest: Citizen Board Vacancies - OUA Board of Directors: we need a new member to finish Council Member Chandler's term. Both Mr. Nelson and Mr. Fadley's terms sunset March 30, 2015. I'll be contacting both to confirm whether they wish to be reappointed. Knowing all this, keep in mind, we could be looking for more than one new appointment to this board. They meet the 2 "d Tuesday of each month at 8:30 AM. Code Enforcement Board: alternate member vacancy. General Pension Trustees: the 5th Member is vacant. Its up to the four to appoint this position, and then the City Council ratifies that appointment. But if you know of anyone please let Melisa know. The position has been vacant for almost a year. Citizen Board Applications may be printed from the City Clerks page on the cityofokeechobee.com website, we can mail it, or they can stop by the office. Please mention this to anyone and everyone! Personnel - •Month-End and the Calendar Year -End Accrued Annual, Sick and Other Leave Reports completed and distributed each month and notifications distributed to employees with over maximum accruals. •Processed advertisements and applications for a Temporary Part-Time Office Assistant in the Clerks Office. Haven't held interviews to date, but working on it. •Processed advertisements and applications for a Maintenance Operator, replacing David Carter (hired back in November, moved out of state). •Continue processing the requests for employees who qualify for FMLA leave. We currently have one employee on FMLA. Pension Board Meetings - •I have not been receiving the agendas and minutes, nor had the opportunity to chase them down. They meet on Feb. 2. I intend to request each secretary copy Administrator Whitehall, Robin, Melisa and Page 1 of 3 myself when they distribute the agendas and minutes via email. My hopes are that this will take out the middle man (me) and get the information sent directly to the Administrator. The regular meetings are held the first Monday in Feb, May, Aug & Nov. Education & Training - •Wednesday, Feb. 11 should be on all our calendars as the Ethics /Open Meetings /Public Records Class. Effective Jan 1, 2015, each year elected officials will be required to take two hours of FL Ethics Law (FS 112), one hour of Open Meetings (FS 286) and one hour of Open Records (FS 119). They are tracking the requirement through the annual Financial Disclosure Form 1. There will be a box for you to check that you have completed the required courses each year. It falls on me to retain copies of your certificates of completion for any courses you take. They will be conducting spot checks and the Clerks will have to submit copies of the certificates when requested by the State Ethics Commission. Code Book Updates - •AIl Code Books should be updated through Supplement 12. As ordinances have been adopted, they have been emailed to everyone to note within their Cook Books, until Supplement 13 is processed, which will not be until later this year. I would suggest that if you want to ensure you are using the most current language within the Code that you refer to the online version from the website. Any adopted amendments are sent to a program called "Ord Bank." Any sections with amendments, are highlighted with a link to the document. 2014 General City Election - •The final treasurer reports are due next week and then the election will be officially closed. Florida Association of City Clerks (FACC) - •I am Chairing the 2015 Summary Conference and Academy to be held in Orlando, June 20 thru 24. Centennial Celebration Feb & March Dates & Partners - •Centennial Tervis Tumblers are being sold quickly, $15.00 each, Clerk's Office. •Historic Bus Tour Tickets, April tour is sold out at City Hall, there may be a few left at the Chamber, next one is in June. •Tantie Quilters are selling raffle tickets for a Centennial Quilt. *Sponsorships available, Clerks Office, Pioneer $1500 & Settler $500 •Fri, 1/30/15 Member Cable is making a Centennial presentation at RSCA for the 100th day of school, to their Kindergarten and 1st graders. •Mon, 2/9/15 Regular CCAHC Meeting. •Sat, 2/14/15 Centennial Movie in the Park sponsored by GFWC •Fri, 2/20/15 Member Enfinger, Cable and myself will be participating in the OFC Heritage Day with a Centennial presentation to all the 9th graders. •Mon, 2/23/15 Regular CCAHC Meeting. •Mon, 3/9/15 Regular CCAHC Meeting •Sat, 3/14/15 Centennial Movie in the Park sponsored by GFWC •Mon 3/23/15 Regular CCAHC Meeting •Sat, 3/28/15 Centennial March of Dimes Walk Page 2 of 3 Pending/Work In Progress Items & Projects on the Horizon - Ea' Creating a Committee to review the applications for the recipient of the Paragon Award. ow Revising /Updating the Citizen Board Handbook. The handbook provided to the CCAHC was updated from the current version. Depending how well this is helpful will determine whether further revisions are necessary before distributing to all current members. ow Upgrading the City's web site provider to be able to utilize the Laser Fiche web portal for records management, allowing citizens to view public records from their computers. we Comparing current records management policy with the City of Clermont and Orlando, draft a new policy for the Attorney Cook to review, forward to Council for consideration to adopt and implement. Host Public Records Education 101 for all City employees on what to do and how to handle records requests. • Submit Updates /Revisions to the Personnel Policies & Procedures Handbook to the Council. There are several amendments to policies that I have in been working on to present for Council consideration. Sufficient time has not been available to fully review and compare our needs to current laws, etc. This is a project at the top of my list. Implement an annual policy for the City Clerk, Department Heads and City Attorney to review F.S. Chapter 166, after each legislative session (this is the chapter where the legislature puts things that they have no idea where else to put it). Coordinate Attorney Cook's review of the Code Book, municipal purchasing chapter, comparison to the latest F.S. revisions, an ordinance amending should be forth coming. Page 3 of 3 Fiscal 2012/2013 Contract Value Permit Fees October -12 November -12 December -12 January -13 February -13 March -13 April -13 May -13 June -13 July -13 August -13 September -13 To Date: Average of 251,535.43 180,133.30 159,572.59 745,257.76 284,266.76 202,486.84 364,555.70 148,419.00 301,972.20 224,650.80 166,346.30 269,757.78 3,298,954.46 274,912.87 3,113.63 3,199.40 1,908.24 7,365.70 4,065.84 2,355.13 5,001.89 1,899.89 2,527.23 1,843.87 2,114.74 3,292.40 Fiscal 2013/2014 October -13 November -13 December -13 January -14 February -14 March -14 April -14 May -14 June -14 July -14 August -14 September -14 38,687.96 To Date: 3,224.00 Average of New Permit Fees went into effect 11/01/2013 Permit Issued for FY 2012/2013: 379 permits Permit Issued for FY 2013/2014: 300 permits Contract Value Permit Fees 164,781.77 76,930.00 622,430.14 145,031.00 160,202.00 164,717.05 87,270.00 135,431.57 107,430.56 436,062.00 250,829.00 221,153.00 2,572,268.09 214,355.67 Average permit fee: 102.07 Average permit fee: 141.35 2,019.00 1,729.57 9,079.56 2,604.17 2,450.81 2,621.76 2,319.96 3,707.02 2,700.13 6,658.99 3,311.43 3,205.12 42,407.52 3,533.96 Fiscal 2014/2015 Contract Value Permit Fees October -14 November -14 December -14 January -15 February-15 March -15 April -15 May -15 June -15 July -15 August -15 September -15 To Date: Average of 94,715.00 683,855.20 174,040.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 952,610.20 317,536.73 2,681.90 9,088.83 3,192.57 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,963.30 4,987.77