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2015-08-201 1 O %isneeiing SpiliL &dicier CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR AUGUST 20, 2015 I. CALL TO ORDER - Chairperson. Regular Meeting, August 20, 2015, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Altemate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the June 18, 2015, regular meeting. V. OPEN PUBLIC HEARING - Chairperson. 3y PAGE 1 OF 5 CUSSI( Chairperson Hoover called the August 20, 2015, regular meeting to order at 6:03 p.m. Board Secretary Burnette called the roll: Present Present Present Present Present Present Absent (with consent) Present Present (moved to voting position) Present (entered Chambers at 6:03 p.m.) Present Present Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none the agenda stands as published. Approval of the June 18, 2015 minutes will be reconsidered at the next meeting. No official action was taken on this item. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:04 P.M. 40 AUGUST 20, 2015 - PLANNING BOARD - PAGE 2 OF 5 TION DISCUSSIC V. PUBLIC HEARING ITEM CONTINUED. A. Consider LDR Text Amendment Application No. 15- 004 -TA adding new definitions, and amend CPO, CLT, CHV, and CBD Special Exception Uses Sections 90 -223, 90 -253, 90 -283, and 90 -313 (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the City Staff. To avoid conflict over interpretations and the extended time associated with an appeal of an administrative interpretation, the Interim City Administrator has authorized a City- initiated Text Amendment, Application No. 15-004-TA, to the Land Development Regulation's (LDR's) adding new definitions, and amending the Commercial Professional Office (CPO), Light Commercial (CLT), Heavy Commercial (CHV) and Central Business District (CBD) Zoning Districts Special Exception Uses Sections 90 -223, 90 -253, 90 -283, and 90 -313. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who explained his memorandum dated August 10, 2015. A property owner has inquired whether they can construct a stand alone Automated Teller Machine (ATM) as either a principal use, or as an accessory use to a commercial parking lot. Currently, there is not a definition for an ATM, nor provisions for an ATM to be a permitted or special exception use within the LDR's. They have only been addressed in relation with a financial institution. Mr. Brisson's planning standpoint based on his research is an ATM is not a customary accessory use to a commercial parking lot. The proposed amendment includes a definition for an ATM, bulk storage and options to recommend adding Drive -up automated teller machine /ATM, either as a principal or accessory use, to the list of Special Exception Uses in the CPO, CLT, CHV and CBD Zoning Districts; or, recommend to allow a freestanding drive -up ATM as a principal use by Special Exception, in any of the Commercial Districts, or recommend to allow a drive -up ATM only as an accessory use by Special Exception, in any of the Commercial Districts. It states in the LDR's that more than one principal structure may be erected on a lot, provided that the surveyed legal descriptions shall be used, and area, yard and all other zoning regulations shall be met for each structure as though they were on separate lots. Which in essence doubles the required setbacks. Mr. Brisson explained his reservations in allowing an ATM as a principal use on a commercial lot with nothing else could lead to problems in the future, as a property owner may find there is not sufficient area on the lot to accommodate a building due to the double setback requirements between the two uses. This possibly would lead the owner to request a Variance and that should not be granted as the hardship was created by the owner. He recommended two or three parking spaces be required as well as the ATM should be a within a building facade. While he is not recommending any conditions at this time, special conditions can be addressed during the Special Exception process. Board Member Baughman asked for clarification why parking spaces would be required for a drive -up /walk -up ATM. Mr. Brisson answered for safety reasons customers should park to utilize the walk -up service. Should there be no walk -up service, then parking may not be required. Board Member Baughman then asked how the ATM service use differed 1 1 V. PUBLIC HEARING ITEM CONTINUED. A. 2. Hear from the City Staff for Application No. 15- 004 -TA continued. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consider a motion for recommendation to the City Council to approve or deny application. AUGUST 20, 2015 - PLANNING BOARD - PAGE 3 OF 5 41 CUSSIONi- from that of ice machines and water dispensing machines. Mr. Brisson answered the two examples given are retail uses and they are selling a product, the ATM use is a service, nothing is being sold. Board Member Brass expressed concern with an ATM being a primary use because of safety and security issues. A lengthy discussion ensued regarding the ATM being an accessory use to a commercial parking lot. Mr. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, addressed the Board about automation and how society is being forced from the human touch. He researched freestanding ATM's and could not find much information on them in other communities. He will be representing the property owner that will be requesting this type of use. They have a potential buyer for a building currently used as a bank and want to continue providing service to their customers at this location by installing a freestanding ATM. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Board Member Baughman made a motion to recommend the City Council approve Application No. 15- 004 -TA, to allow an ATM as an Accessory Use in all Commercial Zoning Districts as a Special Exception Use, seconded by Board Member McCoy. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA JONASSAINT -YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA MCCREARY - ABSENT KEEFE - NIA O'BRIEN - YEA BRASS - YEA MOTION CARRIED. Due to the previously approved motion only addressing a portion of Application No. 15- 004 -TA, the Board had to address the definitions. Mr. Brisson provided the following, Automated tellermachine /ATM means a machine used by bank and financial service patrons to conduct transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations. A walk -up ATM is considered a customary accessory use to all uses of a commercial nature contained in the list of Permitted or Special Exception uses in the CPO, CLT, CHV, and CBD Zoning Districts. The definition for bulk storage is being included as over the last few months the City has received several inquiries on this topic. Bulk storage means the storage of liquid, solid or gaseous materials in structures for subsequent resale to 42 AUGUST 20, 2015 - PLANNING BOARD - PAGE 4 OF 5 _, v:. � a . - . 6 _ -_ 1. :... :.4 . _.. �.: .. ... .e.'a. .`s. .GT �cn. END ,... ,.:re .- �: ._ ,.. ..>. w ..AGENDA . _ .. � �� _ . ,, , .,�� r..� . ¢ �� .�� ._ .._ -r - > .i3". �. -. S k. -. ays.. m.� R��.. '3t�. - "�: _..-. &.-.- ... ' `. ; -x- .- .!�- :f "....,.., .. .. -."`. .✓ n � k .8" DISCUS-Sr CTION - ..ON V. PUBLIC HEARING ITEM CONTINUED. A. 5. a) Consider a motion for recommendation to the City Council to approve or deny Application 15- 004 -TA. b) Board discussion. distributors, retail dealers or outlets, and not directly to the consuming public. Chairperson Hoover asked the Board Members for their comments. The Board Members suggested the definition include "walk -up and /or drive -up." Motion and second by Board Members Baughman and McCoy to recommend the City Council adopt the definitions as follows: Automated teller machine /ATM means a machine used by bank and financial service partrons to conduct transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations. A walk -up and /or drive -up ATM is considered a customary accesssory use to all uses of a commercial nature contained in the list of Permitted or Special Exception uses in the CPO, CLT, CHV, and CBD Zoning Districts. Bulk storage means the storage of liquid, solid or gaseous materials in structures for subsequent resale to distributors, retail dealers or outlets, and not directly to the consuming public. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT -YEA MCCREARY - ABSENT KEEFE - N/A O'BRIEN - YEA MOTION CARRIED. The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on September 28, 2015 (tentatively). CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:59 P.M. Chairperson Hoover asked whether there were any additional requests for amendments to the City's Land Development Regulations. There were none. 1 i VII. ADJOURN - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the p . ce dings is made, which record includes the testimony and evidence upon which the appeal is to b: base• General Serv'. -s media are for the sole purpose of backup for official records. ATTEST: �1 iaitL Patty M. Bu ette, Secretary frbt n T. Hoover, Chairperson AUGUST 20, 2015 - PLANNING BOARD - PAGE 5 OF 5 43 CUSSIc There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:00 p.m. 11120114 Page 1 of City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3`d Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes August 20, 2015 I. Call To Order - Chairperson: Chair Hoover called the August 20, 2015, Regular Meeting to order at p.m. II. Chairperson, Board Member Staff Attendance - Secretary. III. Agenda - Chairperson. A. Chair is m , asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. (\ al" l" Cup pit ova-( t) LP" 1' IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the June 18, 2015, regular meeting; seconded by Board Member Discussion: PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover ✓ Vice Chairperson McCoy ✓ Board Member Batton Board Member Baughman Board Member Brass ✓ Board Member Jonassaint ✓ Board Member McCreary 0 0 °n i- Alternate Board Member Keefe ✓ Alternate Board Member O'Brien 11(1&v ( +0 ✓O i' j Planning Consultant Brisson, Senior Planner Board Attorney Cook ✓ lo'- Board Secretary Burnette III. Agenda - Chairperson. A. Chair is m , asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. (\ al" l" Cup pit ova-( t) LP" 1' IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the June 18, 2015, regular meeting; seconded by Board Member Discussion: $ a:45 Page 2 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN RFSUI TS: CARRIFD DFNIFD V. CHAIR iI r/-') ( OPENED THE PUBLIC HEARING AT to' 01 I P.M. A. Consider LDR Text Amendment Application No. 15- 004 -TA adding new definitions, and amend CPO, CLT, CHV, and CBD Special Exception Uses Sections 90 -223, 90 -253, 90 -283, and 90 -313 (Exhibit 1). 1. Hear from Planning Staff. rro � 110 5 Qcces c u - Dv PIWAN3cLL t/1-1- 1)11 Oak tae o Worat.ctin 17"-- Cu L.a t d cau'b L . IC k-3 poi. tut, V. PUBLIC HEARING CONTINUED. 2. Hear from the City Staff A rna,c,ibt ss�- h(;) -e. L001) ,r yY — k_x.2ucLul ha p ha 7a ek 2.#141:45 Page 3 of ptA_,✓16./CA-7j V. PUBLIC HEARING CONTINUED. -ATYVI i s not S-cA. Wine►' R�►E,• ELI L,cp wE (sin i(a ncci 8'1.905 11120!14' Page 4 of 1 Ip- LoVICQ.-, -n c_a ts \ { Y V 1 (, g dv L}/1 1/L,�_ .seyt Cove p° alb gy pv c hq a, a p tyvw" A,Li a c Cur\ ,&tv Pitt .1A+ 0....1-to t,,)_6:1( et c e._ Cb m wAeA r zL v✓S a% CW - Cf.— CL fekt,t LA1can Cte- Vii,"`. Public comments or questions from those in attendance, or submitted to the Board Secretary. ,e_ . (DDbbs 10(.9 a ,S-tutu G uslj)3L'''?':.113- —i-- eLt 1 IA c --1-1,L-412A-L— /-0 f ()AA- fU k k Q a Q}4„ o .._ cam, bt La UL 1lt c&,p Sp-. 4�eil . & c✓4n m:o" -4. SCi Pa- vik' s tune no-t- ronos "BrAricsilx 37,0 CZYY1rOLA,C-ted `Pcvetit, Lo+ PI WI/0AI wee_ — iCL U;') GLA-e_ 7 Coo) g-KA-P-hx4--e nn ct AJL, FackA g-1:5YYMnL(C-- L (iL OLLS 0,./L-t 0 LAD °Us ay/AAA-6-7f- of- " yi oc„c}r uw6I-Lr ri-e-ct tots 0 OOLAZ ALL ch-3 60k 5oF7 8.1Q° 115 44126t1-'Page.S'of V. PUBLIC HEARING CONTINUED. 4. Disclosure of Ex -Parte Communications' by the Board. 5. a) Consider a motion for recommendation to the City Council to approve or deny application. Motion and second by Members , to recommend /not recommend the City Council approve or deny LDR Text Amendment Application No. 15- 004 -TA which adds new definitions, and amends CPO, CLT, CHV, and CBD Special Exception Uses Sections 90 -223, 90 -253, 90 -283, and 90 -313 J e,ki, . @ n wL LL b) Board discussion. 5 r .Lcc-C $�aoI15 -1 -4412@tt4' Page 6'of V. PUBLIC HEARING CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY KEEFE O'BRIEN RFS11I TS: 'CARRIFD DENIM The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on September 28, 2015 (tentatively). CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURN - Chairperson. ATM "Pauu rc S4orccat, auM fie, vvd-t-itk. f a ►�� GL. GO AUL wp aAA4 (o., d,-t V. . ap1v Co Cut C 'A') .40 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 in the matter of in the 1 9th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of g/52 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 bef me this dO/ - AD /10,124-1 day of Notary Public, State of Florida at Large 'et , ANGIE BRIDGES + > "- MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 %; pF '' Bonded Thru Notary Public Underwriters CORRECTED PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning Board, meeting as the Local Planning Agency on Thu, Aug 20, 2015 6 PM, or as soon thereafter as possible, at Oty Hall, 55 SE 3rd Ave, Rm 260, Okeechobee, FL, to consider and receive input on amending the Code of Ordinances, Subpart B Land Development Regulations. Petition No. 15- 004 -TA proposes to amend Section 66 -1 Definitions, by adding new definitions for Bulk Storage and Automated Teller Ma- chine /ATM; and amend Sections 90 -223, 90 -253, 90 -283 and 90 -313, by adding "Drive-up Automated Teller Machine /ATM (either as a principal or accessory use) to the list of Special Exception uses in the Commercial Professional Office (CPO), Light Commercial (CLT), Heavy Commercial (CHV), and Commercial Business (CBD) Zoning Districts. The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8 AM-4:30 PM, except for holidays. The public is encouraged to attend. The Planning Board will issue a recommendation on Application No. 15-004 - TA, that will be forwarded to the City Council for consideration at the Sep- tember 14 and September 28 meetings. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate In this proceeding, contact the General Services Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board In support or opposition to any item on the agenda; a copy of the document, picture video, or item must be provided to the Board Secretary for the City's records. By: Interim Zoning Administrator John Cook, Petition No. 15- 004 -TA 472150 ON 8/2,12/2015 G7 0 > D Z D c D m co o 0o D D co co op co ao < 0 D z o o .� - 0 0 0 0 0 5 p v v cD m v v CO n) v CD v 13 c m D a �o_0 0 0.0.0.0.0_ 0 m A W N �O 0 n O c 3 CD 0 CD = D CD cD ca CD CAD CAD CAD CAD CCDD in 0 ry 0 - n _0 m 0= CO 0 0 a C C i g Z N 2 co CS CS Cr D Cr CD CD .� a CD CD N CD CD wQm ° �� b'c Qn o v CO CD D -� c� m `< 0 r o O m COO I- (-) 0 `� C'n m o m v = 0- 0 0 D o 5'�,�,O�O -0 -. `< v ��o c0D ��c 0 p CD S cn —I c o 0 o c� m C7 N CD CO "•' .0 cgi m n v co co CO m m cD 3 sy Cli 3 cq o * o° 0 cn fl' — o o— m 0 3 g-0 0. D� m a - o o� 0 0 M o m o 3 R m W. fl'.. � 0 ,° m x n 0 0 m cn Pj ink �.�cn = O D O GJ O 0 � ( Z c v' v ' , p cD w m? 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CD 0 ccD •CO 5. o CO Cn CD F m 0 CD 0 cn cn Co 0 cn cn N CA) CALL TO ORDER - Chairperson: August 20, 2015, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. r n z co 0 co G7 v cZ cn 0:1 N.) 0 =i o D OIn al O ` c) 0 a n cn O En E m z m m -i z� m G7 c r n m O ° m ° m ° ° Z v o m CD o c a < _' Z o T CO a- q D Q co CD ) yC . : °' m m Q m m 2 CD v.- Sr) IN o 0 ° 0 y o CO o 0-. 3- 0 CD a CD cD 0 Cr o °-'' n c o chi Co Co Q- ° CD 0 CD �- CD H1 1 N p- Co 0. y 0 C� Q O G Q 0 v 0 o a° v `.< y. `' - O e O. co er O Q O O, y. 0 Q n O fn O co CD 0 co `C a) co S n v' o m v CD z v C) cD m 0 N n m a 0a 0 0 O . c cQ a -0 E' a a�i �• cCD Q ° m o ° ° Co Ca co o ° G ° < �I CD cQ CD CD CD Ca °- O 0 Co < Ca co CD co o Q Q Ca Q -0 ',O, Ct' 6- p. 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O - = a 0 CD o O 4 CD O 0 0 CD o -EL co 3 3 co 0_ O. cD O CD CD CD CD 0 n = 0 a) o a) CD a -o FS- -O _ 5- CD a) a) 0 = z AUGUST 20, 2015 - PB /BOA AGENDA - PAGE 2 OF 2 ' —' ° "" chobee rices Department Exhibit 1 venue, Room 101 Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax (863) 763 -1686 Date: 7/110115 Petition No. I'5- pbt.1_TA Fee Paid: KTA Jurisdiction: PB .e Cc. 1St Hearing: 2nd Hearing: S 2►0 15 g 9 /�>�' 9815 Publication Dates: Notices Mailed: APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: Oi Of b lieeCk0 be 2— 2 Mailing address: 55 SE 3r4 A-yew OI4 echo.bee1 a 34q7t( 3 E -mail address: 4 Daytime phone(s): 5 Do you own residential property within If yes, provide address(es) the City? ( ) Yes ( ) No 6 Do you own nonresidential property If yes, provide address(es) within the City? ( ) Yes ( ) No REQUEST INFORMATION 7 Request is for: ( ) Text change to an existing section of the LDRs a permitted use ( ) Deletion of a permitted use ( ) Addition of ( ) Addition of a special exception use ( ) Deletion of a special exception use ( ) Addition of an accessory use ( ) Deletion of an accessory use 8 Provide a detailed description of text additions in underline format. (This changes to existing section(s) showing deletions in strikeout and description may be provided on separate sheets if necessary.) LDR Amendment Application Page 1 of 3 i r 1Q1111111, & Management Services, Inc. Memorandum To: Planning Board From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Services, Inc. Date: August 10, 2015 Subject: Materials for August 20th Planning Board Meeting At the upcoming Planning Board meeting we will be considering Ordinance 1127. A property owner is interested in an Automated Teller Machine (ATM) as either a principal use in its own right, or as an accessory use to a commercial parking lot. There is no definition for an ATM and there is no provision in the LDC that specifically allows for an ATM as a permitted use. Furthermore, while it has become generally accepted that an ATM associated with a financial institution, or located within or attached to a building housing another commercial use, is a customary accessory use, Staff is of the opinion that an ATM is not customarily accessory to a commercial parking lot. Therefore, in order to avoid conflict over interpretations and the extended time associated with an appeal of an administrative interpretation, the Acting City Administrator has authorized a City- initiated text amendment to the LDC to address this matter. The proposed ordinance before you includes a definition for an ATM and changes to the list of Special Exception Uses in the CPO, CLT, CHV and CBD Zoning Districts. From a practical standpoint, the Planning Board could recommend to the City Council approval of the Ordinance as it is now written -- Adding "Drive -up automated teller machine /ATM (either as a principal or accessory use) to the list of Special Exception Uses in the CPO, CLT, CHV and CBD Zoning Districts; or, alternatively, the Planning Board could recommend in any one of the following manners: 1. Allow a freestanding drive -up ATM (i.e., as a principal use) by Special Exception in all or any one or more of the four Commercial Districts, or 2. Allow a drive -up ATM only as an accessory use by Special Exception in all or any one or more of the four Commercial Districts. Finally, in addition to the foregoing proposed changes, we have included a definition for "bulk storage" to eliminate the need for interpretation as to what is considered bulk storage. With a brief look to the future, there are a number of issues that have arisen over the past couple years that clearly indicate the need for additional changes to the LDRs. We expect to be bringing these to you over the coming months. I look forward to our discussions on August 20th. In the meantime, should you have any questions, please give me a call on my direct line — 239 - 204 -5283 or via e-mail at bill @larueplanninq.com. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239- 334 -3366 . www.larueplanning.com DRAFT, 7/29/2015 ORDINANCE NO. 1127 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, INCLUDING SECTION 66 -1 DEFINITIONS, BY ADDING A NEW DEFINITION FOR BULK STORAGE; ADDING A NEW DEFINITION FOR AUTOMATED TELLER MACHINE /ATM THAT INCLUDES A STATEMENT THAT A WALK -UP ATM IS CONSIDERED A CUSTOMARY ACCESSORY USE TO ALL USES OF A COMMERCIAL NATURE CONTAINED IN THE LIST OF PERMITTED OR SPECIAL EXCEPTION USES IN THE CPO, CLT, CHV, AND CBD ZONING DISTRICTS; AMENDING SECTIONS 90 -223, 90 -253, 90 -283 AND 90 -313 BY ADDING "DRIVE -UP AUTOMATED TELLER MACHINE /ATM (EITHER AS A PRINCIPAL OR ACCESSORY USE)" TO THE LIST OF SPECIAL EXCEPTION USES IN THE CPO, CLT, CHV, AND CBD ZONING DISTRICTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to address certain inconsistencies or outdated regulations contained in the codes; to make amend- ments to meet changing community standards, or to accommodate new devel- opment; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently reviewed the Code of Ordinances and Land Development Regulations to determine areas of improvement; has discussed same at public meetings; and has recommended certain changes, amendments or modifications to the code to present to the City Council for ordinance adoption; and NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the City Council for the City of Okeechobee, Florida amends herein Chapter 66, Section 66 -1 to include the following definitions: Automated teller machine /ATM means a machine used by bank and financial service patrons to conduct transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations. A walk -up ATM is considered a customary accessory use to all uses of a commercial nature contained in the list of permitted or special exception uses in the CPO, CLT, CHV, and CBD zoning districts. Bulk storage means the storage of liquid, solid or gaseous materials in struc- tures for subsequent resale to distributors, retail dealers or outlets, and not directly to the consuming public. Language to be added is underlined Language to be deleted is struck- through Ordinance No. 1127 Page 1 of 3 DRAFT, 7/29/2015 Section 2. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90 -223 by adding "Drive -up automated teller machine /ATM (either as a principal or accessory use)" to the list of Special exception uses in the CPO zoning district to read as follows: Sec. 90 -223. Special exception uses ... (11) Drive -up automated teller machine /ATM (either as a principal or accessory use). Section 3. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90 -253 by adding "Drive -up automated teller machine /ATM (either as a principal or accessory use)" to the list of Special exception uses in the CLT zoning district to read as follows: Sec. 90 -253. Special exception uses ... (20) Drive -up automated teller machine /ATM (either as a principal or accessory use). Section 4. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90 -283 by adding "Drive -up automated teller machine /ATM (either as a principal or accessory use)" to the list of Special exception uses in the CHZ zoning district to read as follows: Sec. 90 -283. Special exception uses ... (23) Drive -up automated teller machine /ATM (either as a principal or accessory use). Section 5. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90 -313 by adding "Drive -up automated teller machine /ATM (either as a principal or accessory use)" to the list of Special exception uses in the CBD zoning district to read as follows: Sec. 90 -313. Special exception uses ... (12) Drive -up automated teller machine /ATM (either as a principal or accessory use). Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 8. Effective Date. Language to be added is underlined Language to be deleted is str-sk- through Ordinance No. 1127 Page 2 of 3 tip DRAFT, 7/29/2015 This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this day of 2015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this , 2015 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney day of James E. Kirk, Mayor Language to be added is underlined Language to be deleted is struck-t# rough Ordinance No. 1127 Page 3 of 3