1127 LDR #15-004-TAORDINANCE NO. 1127
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF
ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR AMENDMENTS CHAPTER 66- GENERAL PROVISIONS
TO INCLUDE DEFINITIONS WITHIN SECTION 66 -1 FOR AUTOMATED
TELLER MACHINE /ATM AND BULK STORAGE; PROVIDING FOR
AMENDMENTS TO CHAPTER 90- ZONING, ARTICLE III- DISTRICT AND
DISTRICT REGULATIONS, SPECIFICALLY DIVISION 6- COMMERCIAL
PROFESSIONAL OFFICE DISTRICT SECTION 90 -223, DIVISION 7 -LIGHT
COMMERCIAL DISTRICT SECTION 90 -253, DIVISION 8 -HEAVY
COMMERCIAL DISTRICT SECTION 90 -283, AND DIVISION 9- CENTRAL
BUSINESS DISTRICT SECTION 90 -313 TO INCLUDE A FREE - STANDING
DRIVE -UP AUTOMATED TELLER MACHINE /ATM WITHIN THE LIST OF
SPECIAL EXCEPTION USES WITH CONDITIONS; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number 716, as amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of
its ordinances and land development regulations in order to address certain
inconsistencies or outdated regulations contained in the codes; to make
amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the public
and to make the code a more consistent and easier to understand document; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local
Planning Agency, reviewed and discussed the proposed amendments, also known
as Land Development Regulation Text Amendment Application No. 15- 004 -TA, at a
duly advertised Public Hearing held on August 20, 2015, and based on findings of
fact by the Planning Staff, hereby recommends certain changes, amendments or
modifications to the Code of Ordinances, 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 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: Amendment and Adoption to Section 66 -1.
That the City Council for the City of Okeechobee, Florida, amends herein Part I I of
the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 66-
General Provisions, Section 66 -1 to include and amend the following definitions:
Ordinance No. 1127 - Page 1 of 4
Language to be added is underlined.
Language to be deleted is stFusli-tilfethp.
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 located
inside or on the outside wall of the principal use 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
structures for subsequent resale to distributors, retail dealers or outlets, and not
directly to the consuming public.
SECTION 2: Amendment and Adoption to Section 90 -223.
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 6- Commercial
Professional Office District, Section 90 -223 Special Exception Uses to expand
the list of uses to include a free - standing drive -up ATM as follows:
The following uses and structures are permitted in the CPO district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Day care center.
(2) Personal services, except pawn shops and dry cleaning on premises.
(3) Cafe.
(4) Business School.
(5) Private club.
(6) House of worship.
(7) Public facility and use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) Adult family care homes, assisted living facility as defined in F.S. §
429.02(5).
(11) Free - standing drive -up ATM which is owned and operated by a bank or
other financial institution with an office located Okeechobee County.
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 a free - standing drive -up ATM as follows:
The following uses and structures are permitted in the CLT district after issuance
of 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, taxi stand.
(8) Outdoor vehicle sales lot.
(9) House of worship.
(10) Marina, dock, pier.
(11) Enclosed storage.
(12) Public facility or use.
(13) Public utility.
Ordinance No. 1127 - Page 2 of 4
Language to be added is underlined.
Language to be deleted is struck ough.
(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.
(20) Free - standing drive -up ATM which is owned and operated by a bank or
other financial institution with an office located in Okeechobee County.
SECTION 4: Amendment and Adoption to Section 90 -283.
That the City Council for the City of Okeechobee, Florida, amends herein Part I I
of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter
90- Zoning, Article III - District and District Regulations, Division 8 -Heavy
Commercial District, Section 90 -283 Special Exception Uses to expand the list of
uses to include a free - standing drive -up ATM as follows:
The following uses and structures are permitted in the CHV district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Drive - through service.
(2) Auto service station, car wash.
(3) Wholesale, warehouse not including bulk storage of flammable liquids.
(4) Enclosed warehouse and storage.
(5) Outdoor sales and storage, building trades contractor.
(6) Flea market.
(7) Mechanical and repair services.
(8) Commercial outdoor recreation.
(9) Veterinary service.
(10) Crematory.
(11) Marina, dock, pier.
(12) Recreational vehicle park, for transient recreation use.
(13) Radio, television or cable reception, transmission or operational facilities.
(14) Public facility or use.
(15) Public utility.
(16) Permitted uses in excess of 45 feet in height.
(17) One dwelling unit per commercial building.
(18) Outdoor vehicle sales lot.
(19) House of worship.
(20) Hospitals, which means in patient hospital care.
(21) Adult family care homes, assisted living facilities as defined in F.S. §
429.02(5).
(22) Nursing homes.
(23) Free - standing drive -up ATM which is owned and operated by a bank or
other financial institution with an office located in Okeechobee County.
SECTION 5: Amendment and Adoption to Section 90 -313.
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 9- Central
Business District, Section 90 -313 Special Exception Uses to expand the list of
uses to include a free - standing drive -up ATM as follows:
The following uses and structures are permitted in the CBD district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Drive - through service.
(2) Auto service station, car wash.
(3) Radio, television or cable reception, transmission or operational facilities.
(4) Mechanical and repair services.
(5) House of worship.
Ordinance No. 1127 - Page 3 of 4
Language to be added is underlined.
Language to be deleted is struck
(6) Marina, dock, pier.
(7) Public facility or use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) One dwelling unit per commercial building.
(11) Outdoor vehicle sales lot.
(12) Free - standing drive -up ATM which is owned and operated by a bank or
other financial institution with an office located in Okeechobee County.
SECTION 6: Conflict.
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.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 8: Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 14th day of
September, 2015.
! / /4/
Dowling R. Watford, Jr.,
ATTEST:
Lane Gamiotea, CMC, City Clerk
r Profempore
PASSED AND ADOPTED after Second and Final Public Hearing this 28th day of
September, 2015.
ATTEST:
Lane Gamioteai CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added is underlined.
Language to be deleted is struck through.
owling R. Watford, Jr., M -yor 'o- Tempore
Ordinance No. 1127 - Page 4 of 4
THIS ORDINANCE HAS NOT BEEN
SUPPLEMENTED TO THE CODE.
PLEASE REFER TO THE LANGUAGE
IN THIS ORDINANCE AS THE MOST
RECENT AND CORRECT.
ORDINANCE NO. 1127
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF
ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR AMENDMENTS CHAPTER 66 -GENERAL PROVISIONS
TO INCLUDE DEFINITIONS WITHIN SECTION 66-1 FOR AUTOMATED
TELLER MACHINE/ATM AND BULK STORAGE; PROVIDING FOR
AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND
DISTRICT REGULATIONS, SPECIFICALLY DIVISION 6 -COMMERCIAL
PROFESSIONAL OFFICE DISTRICT SECTION 90-223, DIVISION 7 -LIGHT
COMMERCIAL DISTRICT SECTION 90-253, DIVISION 8 -HEAVY
COMMERCIAL DISTRICT SECTION 90-283, AND DIVISION 9 -CENTRAL
BUSINESS DISTRICT SECTION 90-313 TO INCLUDE A FREE-STANDING
DRIVE -UP AUTOMATED TELLER MACHINE/ATM WITHIN THE LIST OF
SPECIAL EXCEPTION USES WITH CONDITIONS; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number 716, as amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of
its ordinances and land development regulations in order to address certain
inconsistencies or outdated regulations contained in the codes; to make
amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the public
and to make the code a more consistent and easier to understand document; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local
Planning Agency, reviewed and discussed the proposed amendments, also known
as Land Development Regulation TextAmendment Application No. 15 -004 -TA, ata
duly advertised Public Hearing held on August 20, 2015, and based on findings of
fact by the Planning Staff, hereby recommends certain changes, amendments or
modifications to the Code of Ordinances, 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 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: 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 -
**R.. General Provisions, Section 66-1 to include and amend the following definitions:
Ordinance No. 1127 - Page 1 of 4
Language to be added is underlined.
Language to be deleted is &UGlk thraugh.
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 located
inside or on the outside wall of the principal use 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 Zoninq
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.
SECTION 2: Amendment and Adoption to Section 90-223.
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 6 -Commercial
Professional Office District, Section 90-223 Special Exception Uses to expand
the list of uses to include a free-standing drive -up ATM as follows:
The following uses and structures are permitted in the CPO district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Day care center.
(2) Personal services, except pawn shops and dry cleaning on premises.
(3) Cafe.
(4) Business School.
(5) Private club.
(6) House of worship.
(7) Public facility and use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) Adult family care homes, assisted living facility as defined in F.S. §
429.02(5).
(11) Free-standing drive -up ATM which is owned and operated by a bank or
other financial institution with an office located Okeechobee County.
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 a free-standing drive -up ATM as follows:
The following uses and structures are permitted in the CLT district after issuance
of 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, taxi stand.
(8) Outdoor vehicle sales lot.
(9) House of worship.
(10) Marina, dock, pier. "Illo
(11) Enclosed storage.
(12) Public facility or use.
(13) Public utility.
Ordinance No. 1127 - Page 2 of 4
Language to be added is underlined.
Language to be deleted is stFask-tfueagh.
(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).
N%N.(18) Nursing home.
(19) Taxidermist.
(20) Free-standing drive -up ATM which is owned and operated by a bank or
other financial institution with an office located in Okeechobee County.
SECTION 4: Amendment and Adoption to Section 90-283.
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 90-283 Special Exception Uses to expand the list of
uses to include a free-standing drive -up ATM as follows:
The following uses and structures are permitted in the CHV district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Wholesale, warehouse not including bulk storage of flammable liquids.
(4) Enclosed warehouse and storage.
(5) Outdoor sales and storage, building trades contractor.
(6) Flea market.
(7) Mechanical and repair services.
(8) Commercial outdoor recreation.
(9) Veterinary service.
(10) Crematory.
(11) Marina, dock, pier.
(12) Recreational vehicle park, for transient recreation use.
(13) Radio, television or cable reception, transmission or operational facilities.
(14) Public facility or use.
(15) Public utility.
(16) Permitted uses in excess of 45 feet in height.
(17) One dwelling unit per commercial building.
(18) Outdoor vehicle sales lot.
(19) House of worship.
(20) Hospitals, which means in patient hospital care.
(21) Adult family care homes, assisted living facilities as defined in F.S. §
429.02(5).
(22) Nursing homes.
(23) Free-standing drive -up ATM which is owned and operated by a bank or
other financial institution with an office located in Okeechobee County.
SECTION 5: Amendment and Adoption to Section 90-313.
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 9 -Central
Business District, Section 90-313 Special Exception Uses to expand the list of
uses to include a free-standing drive -up ATM as follows:
The following uses and structures are permitted in the CBD district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1)
Drive-through service.
,*MW, (2)
Auto service station, car wash.
(3)
Radio, television or cable reception, transmission or operational facilities.
(4)
Mechanical and repair services.
(5)
House of worship.
Ordinance No. 1127 -Page 3 of 4
Language to be added is underlined.
Language to be deleted is stFuGk threugh.
(6) Marina, dock, pier.
(7) Public facility or use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) One dwelling unit per commercial building.
(11) Outdoor vehicle sales lot.
(12) Free-standing drive -up ATM which is owned and operated by a bank or
other financial institution with an office located in Okeechobee County.
SECTION 6: Conflict.
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.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 8: Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 14th day of
September, 2015.
Dowling R. Watford, Jr., M or Pro- empore
ATTEST:
Lane 6arniotea, 6MC, City Clerk
PASSED AND ADOPTED after Second
September, 2015.
ATTEST:
i � 1
Lane damiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
and Final Public H_eariinng this 28th day of
L' �/NC
owling R. Watford, Jr., M yor o -Tempore
`10#
Ordinance No. 1127 - Page 4 of 4
Language to be added is underlined.
Language to be deleted is 6truGk thrGugh.
Lq-
City of Okeechobee
Date: 7 I(p 15' Petition No. I5-04—Tial
General Services Department
Fee Paid: W Jurisdiction: FB Cc,
55 S.E. 3rd Avenue, Room 101
1S Hearing: 2 nd Hearing: q ��4'
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218
Publication Dates:
Notices Mailed:
Fax: (863) 763-1686
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1
Name of Applicant: j o f bKeeck6Joe e--
2
2
Mailing address: 55 SE 30 A-,UQocv, 6KeeCl &e, R, 34q74
3
E-mail address:
4
Daytime phone(s):
Do you own residential property within the City? (_) Yes (_) No
If yes, provide address(es)
5
Do you own nonresidential property within the City? Yes () No
If yes, provide address(es)
6
REQUEST INFORMATION
Request is for: Text change to an existing section of the LDRs
(_) Addition of a permitted use (_) Deletion of a permitted use
7
(� Addition of a special exception use (_) Deletion of a special exception use
(� Addition of an accessory use (_) Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and
additions in underline format. (This description may be provided on separate sheets if necessary.)
8
LDR Amendment Application Page 1 of 3
IProvide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to
be cr anged. (This description may be provided on separate sheets if necessary.)
9
I I REQUIRED ATTACHMENTS I
Non-refundable application fee of $500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 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.
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
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3
FINDINGS REQUIRED FOR GRANTING A
CHANGE IN LAND DEVELOPMENT REGULATIONS
(Sec. 70-340, LDR page CD70:16 as modified for a text amendment)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the
proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change
and its likely effects:
1. Are not contrary to Comprehensive Plan requirements.
2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected.
3. Will not have an adverse effect on the public interest.
4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning
districts affected, and is not contrary or detrimental to urbanizing land use patterns.
5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of
other properties in the zoning district(s) affected or nearby thereto.
6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the
neighborhood.
7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services.
8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions.
Your responses to these findings should be as descriptive as possible. Attach additional pages as may be
necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate
it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or
denial.
LDR Amendment Application Page 3 of 3
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 DISTRCTS; PROVIDING
FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
- Okeechobee News
`;'INDEPENDENT 107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
advertisement being a „ + l ' qg"
in the matter of -�+ G Lv12 r
H�
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
gJ41
Affiant further says that the said Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in/the said newspaper.
—? Katrina Elsken
Sworn to andsubscribed before me this
-Lfi day of J��1.11ti�,i L`tj
G��AD
Notary Public, State of Florida at Large
)I f l l• tI
ANGIE BRIDGES
.;.. MY COMMISSION M EE 177653
,�14' •a5 EXPIRES'. AAP M 20, 2016
NOTICE OF PROPOSED LAND DEVELOPMENT
REGULATION AMENDMENT
PUBLIC NOTICE: the City Council for the City of Okeechobee, will conduct a Public Hearing
at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, on Sep 14, 2015 at 6:00 PM, or as soon
thereafter as possible.
The public hearing item for consideration is proposed land Development Regulation Text Amend-
ment Application No. 15 -004 -TA, this will be the First Reading on the proposed Ordinance No. 1127,
which title reads: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING
FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DE-
VELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS CHAPTER 66 -GENERAL
PROVISIONS TO INCLUDE DEFINITIONS WITHIN SECTION 66-1 FOR AUTOMATED TELL-
ER MACHINE/ATM AND BULK STORAGE; PROVIDING FOR AMENDMENTS TO CHAPTER
90 -ZONING, ARTICLE III -DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY DIVI-
SION 6 -COMMERCIAL PROFESSIONAL OFFICE DISTRICT SECTION 90-223, DIVISION
7 -LIGHT COMMERCIAL DISTRICT SECTION 90-253, DIVISION 8 -HEAVY COMMERCIAL
DISTRICT SECTION 90-283, AND DIVISION 9 -CENTRAL BUSINESS DISTRICT SECTION
90-313 TO INCLUDE AN AUTOMATED TELLER MACHINEIATM AS AN ACCESSORY USE
WITHIN THE APPROPRIATE LIST OF SPECIAL EXCEPTION USES; PROVIDING FOR CON-
FLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The proposed amendment may be viewed on the website, cityofokeechobee.com, or at the Office
of the City Clerk, during normal business hours, Mon -Fri, 8 AM -4:30 PM, at the address above.
ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to
any matter considered at this meeting will need to ensure a verbatim record of the proceeding is
made and the record includes the testimony and evidence upon which the appeal will be based.
In 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 Coun-
cil 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: City Clerk Lane Gamiotea, CMC
aNDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
advertisement being a X7 1, f 7 /Lt hAZL
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
9 an [/5—
Affiant further says that the said Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement or publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed b*re his a 0 AD
;j j 4( day of Z.L
Notary Public, Stat f Florida at Large
>,.
Arc.- ANGIE BRIDGES
MY COMMISSION M EE 177653
EXPIRES: April 20, 2016
--'7 pr ry,• • Banded Toru Nctxy Publl, Urdwmften
X
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
NOTICE OF PROPOSED LAND DEVELOPMENT
REGULATION AMENDMENT
PUBLIC NOTICE: the City Council for the City of Okeechobee, will conduct a Public Hearing at City
Jail, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, on Sep 28, 2015 at 6:00 PM, or as soon thereafter
as possible.
The item to be considered for adoption, as recommended by the Planning Board is proposed Land
Development Regulation Text Amendment Application No. 1 5-004TA, Ordinance No 1127, which title
reads: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS
TO PART U OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR AMENDMENTS CHAPTER 66 -GENERAL PROVISIONS TO INCLUDE DEFINITIONS
WITHIN SECTION 66-1 FOR AUTOMATED TELLER MACHINE/ATM AND BULK STORAGE; PROVID-
ING FOR AMENDMENT TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND DISTRICT REG-
ULATIONS, SPECIFICALLY DIVISION 6 -COMMERCIAL PROFESSIONAL OFFICE DISTRICT SEC-
TION 90-223, DIVISION 7 -LIGHT COMMERCIAL DISTRICT SECTION 90-253, DIVISION 8 -HEAVY
COMMERCIAL DISTRICT SECTION 90-283, AND DIVISION 9 -CENTRAL BUSINESS DISTRICT,
SECTION 90-313, TO INCLUDE AN AUTOMATED TELLER MACHINE/ATM AS AN ACCESSORY USE
WITHIN THE APPROPRIATE LIST OF SPECIAL EXCEPTION USES; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The proposed amendment may be viewed on the website, c tyofokeechobee.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 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 hems to the Council
in support or opposition to any tem on the agenda; a copy of the document, picture, video, or hem
MUST be provided to the City Clerk for the City's records.
Bv: C tv Clerk Lane Gamiotea, CMC
i�NDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
,
advertisement being a ,, a^ M ` i4z .
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 bef me this
day of &/ C_
AD
Notary Public, State of Florida at Large
ANGIE BRIDGES
MY COMMISSION # EE 177653
r o; EXPIRES: April 20, 2016
oV_ � Bonded Thru Notary Public Underwriters
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
CORRECTED PUBLIC NOTICE
LAND DEVELOPMENT REGULATION TEXT AMENDMENT
ICE IS HEREBY GIVEN that a PUBLIC HEARING will be held N
2ity of Okeechobee Plannin� Board, meeting as the Local Plan
ry on 7lNy Aug20, 2015, PM, or
soon thereafter as possibl,
call, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and rec
on amending the Code of Ordinances, Subpart B Land Developr
Petition No. 15 -004 -TA proposes to amend Section 66-1 Definitions, bt
adding new definitions for Bulk Storage and Automated Teller Ma
chine/ATM; and amend Sections 9,223, 90-253, 90-283 and 90-313, bt
adding "Drive-uy Automated Teller Machine/ATM (either as a pprincipal of
accessory use to the lis[ of Special Exception uses in the Commercia
Professional Office (CPO), Light Commercial
(CLT), Heavy Commercial
(CHV), and Commercial Business (CBD) Zoning Distncts.
The proposed amendment may be reviewed at the address above during
regular business hours, Mon -Fri, 8 AM4:30 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 Hanning
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
he testimony and evidence upon which the appeal will be based. In accor-
iance with the Americans with Disabilities Act (ADA), any person with a
usability as defined by the ADA, that needs special accommodation to par-
icipate in this proceeding, contact the General Services Office no later than
wo business days prior to proceeding, 863-763-3372.
3E ADVISED that should you intend to show any document, picture, video
rr items to the Planning Board in support or opposition to any item on the
igenda; a cy of the document, picture video, or item must be provided
o the Board"?, cretary for the City's records.
Sy: Interim Zoning Administrator John Cook -.
172150 ON 6/2,12/2015
aq7WIM
INDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
advertisement being a� s� j
r
in the matter of 1
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
�/� , /x/6215/5
Affiant further says that the said Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed bef me this
1;;! l day of s/I,/- AD
Notary Public, State Aof Florida at Large
ANGIE BRIDGESMY COMMISSION # EE 177653EXPIRES: April 20, 2016A-1-11
` Bonded Thru Notary Public Underwriters
Okeechobee News
107 SW 17th Street, Suite D
Okeechobee, Florida 34974
863-763-3134
CORRECTED PUBLIC NOTICE
LAND DEVELOPMENT REGULATION TEXT AMENDMENT
NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held befor
the City of Okeechobee Planning Board, meeting as the Local Plannin,
Agency on4bmi, Aug 20, 2015, 6 PM, or as soon thereafter as possible, a
City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive
input on amending the Code of Ordinances, Subpart B Land Developmen
Regulations.
oposes to amend Section 66-1 Definitions, bt
a in new definitions for Bulk Storage and Automated Teller Me
chine/ATM; and amend Sections 90-223, 90-253, 90-283 and 90313, b)
adding "Drive-u� Automated Teller Machine/ATM (either as a pprindpal of
accessory use) to the list of Special Exception uses in the Commercia
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 Hanning
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 sal accommodation to par-
ticipate in this proceeding, contact the Genera 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 Hanning Board in support or opposition to any item on the
a eene �c0=1
py ofthe cloccument, picture video, or item must be provided
Secre ry Ws recalls.
Administrator John Cook, Petition Mo. 15 -UP W
Im c
CITY OF OKEECHOBEE, Office of the City Clerk
55 SE 3`d Avenue, Okeechobee, FL 34974
Email Transmittal 863-763-3372 x215
To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept.
Attention: Janet Levy, jlevy(q-),newszap.com
From: Melisa Jahner, Deputy Clerk, miahner `yofokeechobee.com
Ad Type: Legal
Publish On: Sun 8/2/15 &
Proof of Affidavit(s): 1
Amount:
Wed 8/12
Proofed By:
Authorized By:
Date:
Email Date/Time:
Ad/Order #
Amount:
Proofed By:
Date to Finance:
Draw #: 4 q
PO #: 3940
1Check #:
Mailed On:
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 City Hall, 55 SE 3`d Ave, Rm 200, 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 Machine/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.
A recommendation on proposed Petition No. 15 -004 -TA will be forwarded to the City Council for consideration
to adopt at a Final Public Hearing, tentatively scheduled for September 15, 2015, 6 PM.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board 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 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 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
a Okeechobee News
04W M 107 SW 17th Street, Suite D
ANDEPENDENT Okeechobee, Florida 34974
NEWSMEDIA INC. USA 863-763-3134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the Publisher of the Okeechobee
News, a three times a week Newspaper published at Okeechobee,
in Okeechobee County, Florida, that the attached copy of
advertisement being a i
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
'VI411-11�r
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 gbscribed before me this
r day of ,;l :10/ S� AD
Notary Public, State of Florida at Large
MY COMM SION # E BRIDEES-
E 177653
EXPIRES: April 20.2016
3onded Thru Notary public Underwriters
PUBLIC NOTICE
CITY PLANNING/ADJUSTMENT BOARD MEETING
NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning
Board/board of Adjustment (PB/BOA) will conduct a regular meeting on
Thu, Aug 20, 20" crit 6 PM, or as soon thereafter as possible, at City
Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, R. The public is invited and en-
couraged to attend. The agenda may be obtained from cityofokeecho-
bee.com or by calling the General Services Office, 863-763.3372 x218.
ANY PERSON DECIDING TO APPEAL any dedslon made by the PB/BOA
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 testi-
mony and evidence upon which the appeal will be based. In aaordance
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 General Services Office no later than two busi-
ness days prior to proceeding, 863-763-3372,
BE ADVISED that should you intend to show any document, picture, video
or items to the PB/BOA In suppo t or opposition to any item on the agenda;
a wpy of the document, picture, video, or item must be provided to the
Board Secretary for the City's records.
Chairperson Dawn Hoover
.99 ON 8/14/2015
I&
Melisa Jahner
From: Bill Brisson <bill@larueplanning.com>
Sent: Friday, September 25, 2015 3:43 PM
To: 'Melisa Jahner'
Cc: 'Gloria Pellito'; john73r@yahoo.com; Johncook@cityofokeechobee.com
Subject: RE: Ord -1127
Attachments: Ord 1127 15 -004 -TA rev per 1st reading.doc; Ord 1127 15 -004 -TA rev per 1st rdng with
changes highlighted.doc
Melisa,
Attached are two revised version of Ord. 1127. The first is a clean version which is for you to use as the actual ordinance
if it is adopted. The second is the same ordinance but with the changes we discussed during the first reading highlighted
so that the City Council can be clear as to what is bring proposed. If you can get the highlighted version to the City
Council before the meeting, great. But, just in case, I will be bringing copies of the highlighted version with me to the
Council meeting to distribute to the City Council.
I don't know quite what happened, but I suspect I sent the proposed changes to John and hadn't heard back, then
forgot to forward them to you because I was working on other items. See you Monday night.
Bill
Wm. F. Brisson, AICP
Sr. Planner
Direct Line: 239-204-5283
LaRue Planning & Management Services, Inc
1375 Jackson Street, Suite 206, Fort Myers, FL 33901
Office: 239-334-3366 bill@larueplanning.com
From: Melisa Jahner[ma iIto: miahner@cityofokeechobee.com]
Sent: Friday, September 25, 2015 1:37 PM
To: Bill Brisson <bill@larueplanning.com>
Cc: Lane Gamiotea<Igamiotea@cityofokeechobee.com>
Subject: 0-1127
Hi Bill,
Here's a copy of the ordinance that Council has received in their agenda packets for 9/28
r
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3'd Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Friday, September 25, 2015 1:37 PM
To: Bill Brisson
Cc: Lane Gamiotea
Subject: 0-1127
Attachments: Ord 1127 15-004-TA(1).doc
Hi Bill,
Here's a copy of the ordinance that Council has received in their agenda packets for 9/28
L�iatuuy l00 Zleand!
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
Melisa Jahner
From: Melisa Jahner <mjahner@cityofokeechobee.com>
Sent: Tuesday, September 08, 2015 1:30 PM
To: Kim Barnes; Kim -Updates
Subject: Ord 1127
Attachments: Ord 1127 15-004-TA(1).pdf
Hi Kim,
Please post on the website for public viewing.
L���zaii�uf 100'�eand!
Melisa Jahner, CMC
Deputy Clerk
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext. 215
863-763-1686 (fax)
Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State
of Florida, Public Records Law.
7
Melisa Jahner
From: Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent: M
To: 'Bill Brisson'
Cc: City -John Cook 2nd; City -Patty Burnette; City-Melisa Jahner; City -Robin Brock
Subject: RE: LDR Amend #15-004-TA/Ord#1127
Ok, thank you, I was afraid I didn't have it right.
After making the changes, I have a few more questions and the definition reads:
" .... locations. A walk-up and/or drive -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."
#1 the part of the definition stating permitted or special exception uses in the specific zoning districts seems conflicting
since the amendments are being made specifically to the special exception uses only, should ..... permitted or. . " be
removed from the definition?
#2 Then in each of the sections we specifically put in the lists "Drive -up automated teller machine/ATM as an accessory
use."
That is confusing since the definition states walk-up and or drive -up.
Shouldn't it just be Automated Teller Machine/ATM as an accessory use and the definition would then be the
explanation that means it allows both?
#3 will this amendment require all new banks, to obtain two special exceptions from now on, one for a drive-thru service
and one for an ATM ?
#4 would this also require existing banks adding a second drive -up ATM or adding a walk-up ATM to now have to get a
Special Exception, regardless of the fact that they've been in business for a # of years and are adding to what they
already have?
&"W loo J��au!
Lane Earnest-Gamiotea, CMC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext 215
863-763-1686 fax
863-697-0345 cell
cityofokeechobee. com
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
From: Bill Brisson [mailto:bill@larueplanning.com]
Sent: Tuesday, September 01, 2015 9:28 PM
W
To: 'Lane Gamiotea'
Subject: RE: LDR Amend # 15-004-TA/Ord# 1127
Lane,
The Draft Ordinance 1127 for 1st reading that I sent to Melisa at 2:59 PM on August 21St is the ordinance as
unanimously recommended by the Planning Board at the public hearing. The original draft submitted to the
Planning Board was more flexible and allowed for a drive -up ATM as both an accessory use and principal
use. This is the version you attached to your e-mail. The Planning Board's recommendation was only for a
drive -up ATM as an accessory use. I have attached the Draft I sent to Melisa. Of course, it is not in your
official format.
Please call if you have any questions.
Wm. F. Brisson, AICP
Sr. Planner
Direct Line: 239-204-5283
LaRue Planning & Management Services, Inc
1375 Jackson Street, Suite 206, Fort Myers, FL 33901
Office: 239-334-3366 bill@larueplanning.com
From: Lane Gamiotea [mailto:lgamiotea@citvofokeechobee.com]
Sent: Tuesday, September 1, 2015 5:41 PM
To: City -John Cook 2nd <ircook1648@vahoo.com>; LaRue Planning -Bill Brisson <bill@larueplanning.com>; LaRue -Gloria
Pellito <gloria@larueplanning.com>
Cc: City-Melisa Jahner <miahner@citvofokeechobee.com>; City -Patty Burnette<pburnette@cityofokeechobee.com>;
City -Robin Brock <rbrock@citvofokeechobee.com>
Subject: LDR Amend #15-004-TA/Ord#1127
John & Bill,
Attached is the proposed ordinance addressing LDR Amendment Application #15 -004 -TA,
Bill sent the ordinance to us awhile back, we've inserted the content in our format, but since there were several emails
of this ord before & after the planning bd 8/25 mtg I'd like for someone to please verify this is what the PB approved as
their recommendation.
If the contact has to be changed please notify me & Melisa by Wed, 11 am as this item is going to the newspaper at that
time.
Since it amends the zoning uses both the 1St reading & final have to be advertised as public hearings and as a display ad
The ad will be in the Sep 4 Okee News for the 9/14 meeting since it has to be published at least 7 days prior to the date
of the 1St hearing.
A
Bill, not sure if you've be advised but the City Council is meeting on Mon, 9/14 & Mon, 9/28 @ 6 for the month of Sept
due to budget hearing dates.
Thank you
ee"Wuuy too jreaul
Lane Earnest-Gamiotea, CMC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext 215
863-763-1686 fax
863-697-0345 cell
cityofokeechobee. com
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
Lane Gamiotea
From:
Bill Brisson <bill@larueplanning.com>
Sent:
Tuesday, September 01, 2015 9:28 PM
To:
'Lane Gamiotea'
Subject:
RE: LDR Amend #15-004-TA/Ord#1127
Attachments:
Draft Ord. 1127 for 1st reading.doc
Lane,
The Draft Ordinance 1127 for 1st reading that I sent to Melisa at 2:59 PM on August 21St is the ordinance as
unanimously recommended by the Planning Board at the public hearing. The original draft submitted to the
Planning Board was more flexible and allowed for a drive -up ATM as both an accessory use and principal i
use. This is the version you attached to your e-mail. The Planning Board's recommendation was only for a
drive -up ATM as an accessory use. I Dave attached the Draft I sent to Melisa. Of course, it is not in your
official format.
Please call if you have any questions.
Wm. F. Brisson, AICP
Sr. Planner
Direct Line: 239-204-5283
LaRue Planning & Management Services, Inc
1375 Jackson Street, Suite 206, Fort Myers, FL 33901
Office: 239-334-3366 bill@larueplanning.com
From: Lane Gamiotea [mailto:lgamiotea@citvofokeechobee.com]
Sent: Tuesday, September 1, 2015 5:41 PM
To: City -John Cook 2nd <ircook1648@vahoo.com>; LaRue Planning -Bill Brisson <bill@larueplanning.com>; LaRue -Gloria
Pellito <gloria@larueplanning.com>
Cc: City-Melisa Jahner <miahner@citvofokeechobee.com>; City -Patty Burnette <pburnette@citvofokeechobee.com>;
City -Robin Brock <rbrock@citvofokeechobee.com>
Subject: LDR Amend #15-004-TA/Ord#1127
John & Bill,
Attached is the proposed ordinance addressing LDR Amendment Application #15 -004 -TA,
Bill sent the ordinance to us awhile back, we've inserted the content in our format, but since there were several emails
of this ord before & after the planning bd 8/25 mtg I'd like for someone to please verify this is what the PB approved as
their recommendation.
If the contact has to be changed please notify me & Melisa by Wed, 11 am as this item is going to the newspaper at that
time.
Since it amends the zoning uses both the 1" reading & final have to be advertised as public hearings and as a display ad
The ad will be in the Sep 4 Okee News for the 9/14 meeting since it has to be published at least 7 days prior to the date
of the 1" hearing.
Bill, not sure if you've be advised but the City Council is meeting on Mon, 9/14 & Mon, 9/28 @ 6 for the month of Sept
due to budget hearing dates.
Thank you
eePd� 100 ,�eawl
Lane Earnest-Gamiotea, CMC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext 215
863-763-1686 fax
863-697-0345 cell
cityofokeechobee. com
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
Patty Burnette
From: Lane Gamiotea <Igamiotea@cityofokeechobee.com>
Sent: Tuesday, September 01, 2015 5:41 PM
To: City -John Cook 2nd; LaRue Planning -Bill Brisson; LaRue -Gloria Pellito
Cc: City-Melisa Jahner; City -Patty Burnette; City -Robin Brock
Subject: LDR Amend #15-004-TA/Ord#1127
Attachments: Ord 1127 15-004-TA.doc
John & Bill,
Attached is the proposed ordinance addressing LDR Amendment Application #15 -004 -TA,
Bill sent the ordinance to us awhile back, we've inserted the content in our format, but since there were several emails
of this ord before & after the planning bd 8/25 mtg I'd like for someone to please verify this is what the PB approved as
their recommendation.
it amends the zoning uses both the Vt reading & final have to be advertised as public hearings and as a display ad
The ad will be in the Sep 4 Okee News for the 9/14 meeting since it has to be published at least 7 days prior to the date
of the 15L hearing.
Bill, not sure if you've be advised but the City Council is meeting on Mon, 9/14 & Mon, 9/28 @ 6 for the month of Sept
due to budget hearing dates.
Thank you
66&� 100 'I "14!
Lane Earnest-Gamiotea, CMC
City Clerk/Personnel Administrator
City of Okeechobee
55 Southeast 3rd Avenue
Okeechobee, FL 34974
863-763-3372 ext 215
863-763-1686 fax
863-697-0345 cell
cityofokeechobee.com
PUBLIC RECORDS NOTICE:
All e-mail sent to and received from the City of Okeechobee, Florida, including e-mail addresses and content, are subject to the provisions of the Florida Public
Records Law, Florida Statute Chapter 119, and may be subject to disclosure.
Patty Burnette
From: bill@larueplanning.com
Sent: Friday, August 21, 2015 2:59 PM
To: mjahner@cityofokeechobee.com
Cc: pburnette@cityofokeechobee.com; gloria@larueplanning.com
Subject: QLaft QLd_LU7 for first readin
Attachments:
Melisa,
e draft of Ord. 112
Call if you have any questions.
Have a nice weekend
=11
Direct Line: (239)-204-5283
Wm. F. Brisson, Sr. Planner
LaRue Planning & Management Services, Inc.
1375 Jackson St., Suite 206
Fort Myers, FL 33901
Phone: (239) 334-3366
Cell: (941)-228-1499
Fax: (239) 334-6384
Web: www.larueplanning.com
Melisa Jahner
From:
bill@larueplanning.com
Sent:
Wednesday, July 29, 2015 3:06 PM
To:
pburnette@cityofokeechobee.com; mjahner@cityofokeechobee.com
Cc:
gloria@larueplanning.com
Subject:
Draft Ord. 1127
Attachments:
Draft Ord. 1127.doc
Patty and Melisa,
Finished the ordinance quicker than I thought. It's attached.
Wm. F. Brisson, Sr. Planner
LaRue Planning & Management Services, Inc.
1375 Jackson St., Suite 206
Fort Myers, FL 33901
Phone: (239) 334-3366
Cell: (941)-228-1499
Fax: (239) 334-6384
Web: www.larueplanning.com
VIII. CENTENNIAL UPDATE CONTINUED
A. Monthly update from the Centennial Celebration Ad Hoc Committee
Chair continued.
IX. OPEN LDR TEXT AMENDMENT PUBLIC HEARING -Mayor
A.1.a Motion to read proposed Ordinance No. 1127 by title only, LDR Text
Amendment, Application No. 15 -004 -TA, Automated Teller Machines
(ATM) — City Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only.
SEPTEMBER 28, 2015 - REGULAR MEETING & FINAL BUDGET PUBLIC HEARING PAGE J OF 11s 463
A deadline was set for the first order of brick pavers. This was to ensure delivery to Public Works so they may be
installed for the ribbon cutting and dedication ceremony on December 4. There are approximately 371 pavers to
date for the walkway, the 48 size: 109 were purchased by the City for elected officials from 1915 to current, to
include their name, title and terms, as well as one for each Centennial Committee Member, 26 were purchased as
part of the Settler Sponsorships; 19 were purchased through the City Clerk's Office; 102 were purchased online,
and one was purchased as in-kind service. The 8x8 size: 32 were purchased by the City for the elected officials,
these will be for those with multiple elected offices and/or terms of office; 18 were purchased as part of the Pioneer
Sponsorship; 20 were purchased through the City Clerk's Office, and 44 were purchased online.
Commemorative Tervis Tumblers sold to date: 436, through the Clerk's Office and festivals. The OHS Band brought
Centennial T-shirts to the Clerk's Office to sell as a fundraiser for $20.00 each.
The next Centennial Event is the Heritage Festival to be held at the Freshman Campus on Saturday, October
11, starting at 10:00 A.M. and ending at 2:00 P.M. The banners advertising the event have already been
purchased and displayed. The OHS band will perform their marching show, Post Cards from Okeechobee to
commemorate the Centennial. The Okeechobee Community Theatre has written a special play that will be
performed at four show times throughout the festival. The itinerary will be emailed as soon as it is finalized. Set-up
for the festival will begin Friday October 10, for those who would like to volunteer. Assistance will also be needed on
Saturday as well.
Other Events: Adam Bryant Minimal Regatta is this weekend, October 2 and 3, the theme is Celebrating 100 Years
of Okeechobee and has been incorporated into the souvenir t -shirts and trophies. There will also be a Centennial
booth at Trunk or Treat, being held on Saturday, October 31, in Flagler Parks, candy donations are needed and can
be dropped off at the City Clerk's Office.
MAYOR PRO -TEM WATFORD OPENED THE LDR TEXT AMENDMENT PUBLIC HEARING AT 6:16 P.M.
Motion and second by Council Members O'Connor and Ritter to read by title only, proposed Ordinance No. 1127,
Land Development Regulation (LDR) Text Amendment, Application No. 15 -004 -TA, Automated Teller Machines
(ATM).
VOTE:
KIRK — ABSENT CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD—YEA MOTION CARRIED.
ME,
SEPTEMBER 28 2015 RF(`I11 AR MFFTINP R FINAI Riinr PT PIIRI IC WPAPIMI-. Pncc A nc 47
I MM M
� �'x� COUNCIL ACTION. DISGUSSION�UOTE � ��'� � ,��
Attorney Cook read proposed Ordinance No. 1127 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART /1 OF THE CODE OF ORDINANCES,
SUBPART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS CHAPTER
66 -GENERAL PROVISIONS TO INCLUDE DEFINITIONS WITHIN SECTION 66-1 FOR AUTOMATED TELLER
MACHINE,ATM AND BULK STORAGE, PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE
111 -DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY DIVISION 6 -COMMERCIAL PROFESSIONAL
OFFICE DISTRICT SECTION 90-223, DIVISION 7 -LIGHT COMMERCIAL DISTRICT SECTION 90-253, DIVISION
8 -HEAVY COMMERCIAL DISTRICT SECTION 90-283, AND DIVISION 9 -CENTRAL BUSINESS DISTRICT
SECTION 90-313 TO INCLUDE AN AUTOMATED TELLER MACHINE/ATM AS AN ACCESSORY USE WITHIN
THE APPROPRIATE LIST OF SPECIAL EXCEPTION USES; PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
Council Member Chandler moved to adopt proposed Ordinance No. 1127; seconded by Council Member Ritter.
Mayor Pro -Tem Watford asked whether there were any comments or questions from the public. There were none.
The Planning Board voted unanimously by separate motions, on August 20, 2015, to recommend the City Council
approve amending all commercial zoning districts special exception use sections to include an ATM as an
accessory use. Then further, that the definition of an ATM be 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 and/or drive -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 all commercial zoning districts. Within the text amendment and also recommended was a
definition for Bulk Storage, added by Planning Staff as a house -keeping item needing to be addressed.
The floor was yielded to City Planning Consultant, Mr, Bill Brisson of LaRue Planning and Management Services,
1375 Jackson Street, Suite 206, Fort Myers, Florida, who distributed a revised ordinance to include a free-standing
drive -up ATM within the list of Special Exception Uses with conditions. The Council had discussed clarifying the
language at the September 14, 2015, meeting, and directed Staff at that time to provide alternative language for
consideration.
Council Member Chandler moved to amend Ordinance No 1127 to reflect the changes as presented
(changing the wording to the title after Section 90-313 to read: " TO INCLUDE A FREE-STANDING
DRIVE -UP ATM WITHIN THE LIST OF SPECIAL EXCEPTION USES WITH CONDITIONS;...". The definition of
ATM now reads: " ... 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 located inside or on the
outside wall of the principal use is considered a customary accessory use to all uses of a commercial
IX. LDR TEXT AMENDMENT PUBLIC HEARING CONTINUED
A.2.b) Public comments and discussion on proposed Ordinance No. 1127
continued.
c) Vote on motion.
SEPTEMBER 28, 2015- REGULAR MEETING & FINAL BUDGET PUBLIC HEARING -PAGE 9 OF 1Z
nature contained in the list of permitted or special exception uses in the CPO, CLT, CHV, and CBD Zonin
districts." Sections 90-223 90.253 90.283 and 90-313 will add wording to include "a free standing drive -up
ATM." Sections 90-223(11) 90-253(2) 90.283(23) and 90.313(12) will add that a "free-standing drive -up ATM
which is owned and operated by a bank or other financial institution with an office located in Okeechobee
County is a permitted special exception use." Second bV Council Member O'Connor.
VOTE ON MOTION TO AMEND:
KIRK -ABSENT CHANDLER -YEA O'CONNOR-YEA
RITTER-YEA WATFORD-YEA MOTION TO AMEND CARRIED.
Mayor Pro -Tem Watford asked whether there were any questions or comments on the motion to adopt proposed
Ordinance No. 1127 as amended. Planner Brisson verified this amendment will allow Seacoast National Bank to
make the site changes they requested.
VOTE ON MOTION AS AMENDED:
KIRK -ABSENT CHANDLER -YEA O'CONNOR-YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED AS AMENDED.
CLOSE LDR TEXT AMENDMENT PUBLIC HEARING — Mayor 0 MAYOR PRO -TEM WATFORD CLOSED THE LDR TEXT AMENDMENT PUBLIC HEARING AT 6:25 P.M.
X. NEW BUSINESS
A. Motion to award PW 02-10-08-15 Bid for Landscape Maintenance to
lowest bidder, Integrity Lawns, LLC in the amount of $24,900.00
annually — Public Works Director Allen (Exhibit 2).
Motion and second by Council Members Ritter and O'Connor to award Bid No. PW 02-10-08-15 for Landscape
Maintenance to lowest bidder, Integrity Lawns, LLC, in the amount of $24,900.00 annually, as recommended by
Staff.
Bids were received on August 26, 2015, in addition to the low bidder above, others were from Quality Lawn Care
and Nunez Lawn Care and Landscaping, Inc., with both at $48,000.00. Council Member Ritter asked whether there
was a concern for adequate performance due to the broad price range. Public Works Director Allen answered they
were meeting with the contractor to explain the weekly performance form they will be responsible to submit which
will hold them accountable.
VOTE:
KIRK -ABSENT CHANDLER -YEA O'CONNOR-YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
" 0 �
r
Exhibit 1
Sept 28, 2015
ORDINANCE NO. 1127
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF
ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR AMENDMENTS CHAPTER 66 -GENERAL PROVISIONS
TO INCLUDE DEFINITIONS WITHIN SECTION 66-1 FOR AUTOMATED
TELLER MACHINE/ATM AND BULK STORAGE; PROVIDING FOR
AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND
DISTRICT REGULATIONS, SPECIFICALLY DIVISION 6 -COMMERCIAL
PROFESSIONAL OFFICE DISTRICT SECTION 90-223, DIVISION 7 -LIGHT
COMMERCIAL DISTRICT SECTION 90-253, DIVISION 8 -HEAVY
COMMERCIAL DISTRICT SECTION 90-283, AND DIVISION 9 -CENTRAL
BUSINESS DISTRICT SECTION 90-313 TO INCLUDE AN AUTOMATED
TELLER MACHINE/ATM AS AN ACCESSORY USE WITHIN THE
APPROPRIATE LIST OF SPECIAL EXCEPTION USES; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number 716, as amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of
its ordinances and land development regulations in order to address certain
inconsistencies or outdated regulations contained in the codes; to make
amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the public
and to make the code a more consistent and easier to understand document; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local
Planning Agency, reviewed and discussed the proposed amendments, also known
as Land Development Regulation Text Amendment Application No. 15 -004 -TA, at a
duly advertised Public Hearing held on August 20, 2015, and based on findings of
fact by the Planning Staff, hereby recommends certain changes, amendments or
modifications to the Code of Ordinances, 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 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: 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:
Automated teller machine/ATM means a machine used by bank and financial
service patrons to conduct transactions includinq deposits, fund transfers, and
Ordinance No. 1127 - Page 1 of 4
Language to be added is underlined.
Language to be deleted is skask Hareugh.
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 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
structures for subsequent resale to distributors, retail dealers or outlets, and not
directly to the consuming public.
SECTION 2: Amendment and Adoption to Section 90-223.
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 6 -Commercial
Professional Office District, Section 90-223 Special Exception Uses to expand
the list of uses to include ATM as follows:
The following uses and structures are permitted in the CPO district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Day care center.
(2) Personal services, except pawn shops and dry cleaning on premises.
(3) Cafe.
(4) Business School.
(5) Private club.
(6) House of worship.
(7) Public facility and use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) Adult family care homes, assisted living facility as defined in F.S. §
429.02(5).
(11) Drive -up automated teller machine/ATM as an accessory use.
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 ATM as follows:
The following uses and structures are permitted in the CLT district after issuance
of 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, taxi stand.
(8) Outdoor vehicle sales lot.
(9) House of worship.
(10) Marina, dock, pier.
(11) Enclosed storage.
(12) Public facility or use.
(13) Public utility.
(14) Permitted uses in excess of 45 feet in height.
(15) One dwelling unit per commercial building.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S.
Ordinance No. 1127 - Page 2 of 4
Language to be added is underlined.
Language to be deleted is struck through.
W,
426.02(5).
(18) Nursing home.
(19) Taxidermist.
(20) Drive -up automated teller machine/ATM as an accessory use.
SECTION 4: Amendment and Adoption to Section 90-283.
That the City Council for the City of Okeechobee, Florida, amends herein Part 11
of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter
90 -Zoning, Article III -District and District Regulations, Division 8 -Heavy
Commercial District, Section 90-283 Special Exception Uses to expand the list of
uses to include ATM as follows:
The following uses and structures are permitted in the CHV district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Wholesale, warehouse not including bulk storage of flammable liquids.
(4) Enclosed warehouse and storage.
(5) Outdoor sales and storage, building trades contractor.
(6) Flea market.
(7) Mechanical and repair services.
(8) Commercial outdoor recreation.
(9) Veterinary service.
(10) Crematory.
(11) Marina, dock, pier.
(12) Recreational vehicle park, for transient recreation use.
(13) Radio, television or cable reception, transmission or operational facilities.
(14) Public facility or use.
(15) Public utility.
(16) Permitted uses in excess of 45 feet in height.
(17) One dwelling unit per commercial building.
(18) Outdoor vehicle sales lot.
(19) House of worship.
(20) Hospitals, which means in patient hospital care.
(21) Adult family care homes, assisted living facilities as defined in F.S. §
429.02(5).
(22) Nursing homes.
(23) Drive -up automated teller machine/ATM as an principal or accessory use.
SECTION 5: Amendment and Adoption to Section 90-313.
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 9 -Central
Business District, Section 90-313 Special Exception Uses to expand the list of
uses to include ATM as follows:
The following uses and structures are permitted in the CBD district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Radio, television or cable reception, transmission or operational facilities.
(4) Mechanical and repair services.
(5) House of worship.
(6) Marina, dock, pier.
(7) Public facility or use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) One dwelling unit per commercial building.
(11) Outdoor vehicle sales lot.
Language to be added is underlined.
Language to be deleted is stFUGkthreugh.
Ordinance No. 1127 - Page 3 of 4
(12) Drive -up automated teller machine/ATM as an accessory use.
SECTION 6: Conflict.
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.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 8: Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 14th day of
September, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 28th day of
September, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1121- Page 4 of 4
Language to be added is underlined.
Language to be deleted is sUask thM911.
SEPTEMBER 14, 2015 - REGULAR MEETING & FIRST BUDGET PUBLIC HEARING - PAGE 3 OF 10
`AG.ENDA' 4� ` ay�
' CON 'DISCUSSION - VOTE
UNCIL ACTIO
t�Y�v1AM.s 4
VII. LDR TEXT AMENDMENT PUBLIC HEARING CONTINUED
A.2.a) Motion to approve the first reading of proposed Ordinance No. 1127.
Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1127; seconded by
Council Member Ritter.
b) Public comments and discussion.
Mayor Kirk asked whether there were any comments or questions from the public. There were none. The floor was
yielded to City Planning Consultant, Mr. Bill Brisson of LaRue Planning and Management Services, 1375 Jackson
Street, Suite 206, Fort Myers, Florida. He explained a property owner has inquired whether they can construct a
stand-alone 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, neither are there provisions for an ATM to be a principle stand-alone permitted use or a
special exception use. ATM's have only been addressed in relation with building or remodeling a financial
institution or in connection with a commercial principle use. Mr. Brisson's planning standpoint, based on his
research, is that an ATM is not a customary accessory use to a commercial parking lot.
The Planning Board voted unanimously by separate motions, on August 20, 2015, to recommend the City Council
approve amending all commercial zoning districts special exception use sections to include an ATM as an
accessory use. Then further that the definition of an ATM be 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 and/or drive -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 all commercial zoning districts. Within the text amendment and recommended was also a
definition for Bulk Storage, which was added by Planning Staff as a house -keeping item needing to be addressed.
The proposed ordinance language specifically states a drive -up ATM is allowed as an accessory use by special
exception. Council Member Watford noted his confusion as to how this amendment provides for a property owner
to have an ATM in a parking lot without a principle use. Mr. Brisson then distributed a copy of alternative language
for discussion, which read, "to allow a free-standing drive-thru ATM as a principal use by special exception
provided said ATM is available for the transaction of deposits, cash withdrawals and mortgage or loan payments to
a bank or other financial institution with an office located in the City or County." The Council agreed the alternative
language was clearer and that it required the ATM be affiliated with a local bank or financial institution. However,
no official action to amend the proposed ordinance was offered at this time. It was implied that Staff provide the
alternative language complete in ordinance form for the Council's consideration to amend at the final hearing.
c) Vote on motion.
VOTE:
KIRK -YEA CHANDLER -YEA O'CONNOR - YEA
RITTER - YEA WATFORD-YEA MOTION CARRIED.
CLOSE LDR TEXT AMENDMENT PUBLIC HEARING - Mayor
MAYOR KIRK CLOSED THE LDR TEXT AMENDMENT PUBLIC HEARING AT 6:26 P.M.
L�
'�
452
SEPTEMBER 14.2015- REGULAR MEETING & FIRST BUDGET PUBLIC HEARING -PAGE 2 OF 10
AGENDA
COUNCIL ACTION - DISCUSSION - VOTE
V. PROCLAMATIONS AND PRESENTATIONS CONTINUED
B. Proclaim the week of September 17-23, 2015 as "National Constitution
magnificent document and its memorable anniversary; and to the patriotic celebrations which will
Week" continued.
commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each
year by the President of the United States of America designating September 17 through 23 as Constitution
Week. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of
Okeechobee, Florida, do hereby proclaim the week of September 17 through 23, 2015 as "NATIONAL
CONSTITUTION WEEK" in the City of Okeechobee, and ask our citizens to reaffirm the ideals that the
Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this
guardian of our liberties, remembering that lost rights may never be regained."
VI. MINUTES
A. Motion to dispense with the reading and approve the Summary of
Motion and second by Council Members Chandler and O'Connor to dispense with the reading and approve the
Council Action for the July 21, 2015 Regular Meeting, August 4, 2015
Summary of Council Action for the Regular Meeting of July 21, 2015, Special Meeting of August 4, 2015, and the
Special Meeting, and the August 18, 2015 Regular Meeting and Budget
Regular Meeting with Budget Workshop of August 18, 2015. There was no discussion on this item.
Workshop.
VOTE:
KIRK -YEA CHANDLER - YEA O'CONNOR-YEA
RITTER - YEA WATFORD-YEA MOTION CARRIED.
VII. OPEN LDR TEXT AMENDMENT PUBLIC HEARING - Mayor
MAYOR KIRK OPENED THE LDR TEXT AMENDMENT PUBLIC HEARING AT 6:07 P.M.
A.1.a) Motion to read by title only, and set September 28, 2015, as a final public
Motion and second by Council Members Watford and Ritter to read by title only, and set September 28, 2015, as a
hearing date for proposed Ordinance No. 1127, Land Development
final public hearing date for proposed Ordinance No. 1127, Land Development Regulation (LDR) Text Amendment,
Regulation Text Amendment, Application No. 15 -004 -TA, Automated
Application No. 15 -004 -TA, Automated Teller Machines (ATM).
Teller Machines (ATM) — City Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only and set final public hearing date.
VOTE:
KIRK -YEA CHANDLER - YEA O'CONNOR-YEA
RITTER - YEA WATFORD - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 1127 by title only.
Attorney Cook read proposed Ordinance No. 1127 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; PROVIDING FOR AMENDMENTS CHAPTER
66 -GENERAL PROVISIONS TO INCLUDE DEFINITIONS WITHIN SECTION 66-1 FOR AUTOMATED TELLER
MACHINE/ATMAND BULK STORAGE; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE
Ill -DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY DIVISION 6 -COMMERCIAL PROFESSIONAL
OFFICE DISTRICT SECTION 90-223, DIVISION 7 -LIGHT COMMERCIAL DISTRICT SECTION 90-253, DIVISION
8 -HEAVY COMMERCIAL DISTRICT SECTION 90-283, AND DIVISION 9 -CENTRAL BUSINESS DISTRICT
SECTION 90-313 TO INCLUDE AN AUTOMATED TELLER MACHINE(ATM AS AN ACCESSORY USE WITHIN
THE APPROPRIATE LIST OF SPECIAL EXCEPTION USES; PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
r
Exhibit 1
Sept 14, 2015
ORDINANCE NO. 1127
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF
ORDINANCES, SUBPART B -LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR AMENDMENTS CHAPTER 66 -GENERAL PROVISIONS
TO INCLUDE DEFINITIONS WITHIN SECTION 66-1 FOR AUTOMATED
TELLER MACHINE/ATM AND BULK STORAGE; PROVIDING FOR
AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE III -DISTRICT AND
DISTRICT REGULATIONS, SPECIFICALLY DIVISION 6 -COMMERCIAL
PROFESSIONAL OFFICE DISTRICT SECTION 90-223, DIVISION 7 -LIGHT
COMMERCIAL DISTRICT SECTION 90-253, DIVISION 8 -HEAVY
COMMERCIAL DISTRICT SECTION 90-283, AND DIVISION 9 -CENTRAL
BUSINESS DISTRICT SECTION 90-313 TO INCLUDE AN AUTOMATED
TELLER MACHINE/ATM AS AN ACCESSORY USE WITHIN THE
APPROPRIATE LIST OF SPECIAL EXCEPTION USES; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number 716, as amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of
its ordinances and land development regulations in order to address certain
inconsistencies or outdated regulations contained in the codes; to make
amendments to meet changing community standards, or to accommodate new
development; and to create new ordinance or regulation to better serve the public
and to make the code a more consistent and easier to understand document; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local
Planning Agency, reviewed and discussed the proposed amendments, also known
as Land Development Regulation Text Amendment Application No. 15 -004 -TA, at a
duly advertised Public Hearing held on August 20, 2015, and based on findings of
fact by the Planning Staff, hereby recommends certain changes, amendments or
modifications to the Code of Ordinances, 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 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: 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:
Automated teller machine/ATM means a machine used by bank and financial
service patrons to conduct transactions including deposits, fund transfers, and
Language to be added is underlined.
Language to be deleted is s UGk ttxeugh.
Ordinance No. 1127 - Page 1 of 4
ti
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 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
structures for subsequent resale to distributors, retail dealers or outlets, and not
directly to the consuming public.
SECTION 2: Amendment and Adoption to Section 90-223.
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 6 -Commercial
Professional Office District, Section 90-223 Special Exception Uses to expand
the list of uses to include ATM as follows:
The following uses and structures are permitted in the CPO district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Day care center.
(2) Personal services, except pawn shops and dry cleaning on premises.
(3) Cafe.
(4) Business School.
(5) Private club.
(6) House of worship.
(7) Public facility and use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) Adult family care homes, assisted living facility as defined in F.S. §
429.02(5).
(11) Drive -up automated teller machine/ATM as an accessory use.
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 ATM as follows:
The following uses and structures are permitted in the CLT district after issuance
of 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, taxi stand.
(8) Outdoor vehicle sales lot.
(9) House of worship.
(10) Marina, dock, pier.
(11) Enclosed storage.
(12) Public facility or use.
(13) Public utility.
(14) Permitted uses in excess of 45 feet in height.
(15) One dwelling unit per commercial building.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S.
Ordinance No. 1127 - Page 2 of 4
Language to be added is underlined.
Language to be deleted is stFask 1l;reugh.
r
426.02(5).
(18) Nursing home.
(19) Taxidermist.
(20) Drive -up automated teller machine/ATM as an accessory use.
SECTION 4: Amendment and Adoption to Section 90-283.
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 90-283 Special Exception Uses to expand the list of
uses to include ATM as follows:
The following uses and structures are permitted in the CHV district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Wholesale, warehouse not including bulk storage of flammable liquids.
(4) Enclosed warehouse and storage.
(5) Outdoor sales and storage, building trades contractor.
(6) Flea market.
(7) Mechanical and repair services.
(8) Commercial outdoor recreation.
(9) Veterinary service.
(10) Crematory.
(11) Marina, dock, pier.
(12) Recreational vehicle park, for transient recreation use.
(13) Radio, television or cable reception, transmission or operational facilities.
(14) Public facility or use.
(15) Public utility.
(16) Permitted uses in excess of 45 feet in height.
(17) One dwelling unit per commercial building.
(18) Outdoor vehicle sales lot.
(19) House of worship.
(20) Hospitals, which means in patient hospital care.
(21) Adult family care homes, assisted living facilities as defined in F.S. §
429.02(5).
(22) Nursing homes.
(23) Drive -up automated teller machine/ATM as an principal or accessory use.
SECTION 5: Amendment and Adoption to Section 90-313.
That the City Council for the City of Okeechobee, Florida, amends herein Part I I
of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter
90 -Zoning, Article III -District and District Regulations, Division 9 -Central
Business District, Section 90-313 Special Exception Uses to expand the list of
uses to include ATM as follows:
The following uses and structures are permitted in the CBD district after
issuance of a special exception use petition and may have additional conditions
imposed at the time of approval:
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Radio, television or cable reception, transmission or operational facilities.
(4) Mechanical and repair services.
(5) House of worship.
(6) Marina, dock, pier.
(7) Public facility or use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) One dwelling unit per commercial building.
(11) Outdoor vehicle sales lot.
Language to be added is underlined.
Language to be deleted is strask threugh.
Ordinance No. 1127 - Page 3 of 4
0
(12) Drive -up automated teller machine/ATM as an accessory use.
SECTION 6: Conflict.
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.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 8: Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 14`h day of
September, 2015.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 28'h day of
September, 2015.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Ordinance No. 1127 - Page 4 of 4
Language to be added is underlined.
Language to be deleted is struck through.
r 8 Manac-ement Services Inc.
r�
f � 5
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(a)Iarueplanning.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
AUGUST 2O, 2015 - PLANNING BOARD - PAGE 2 OF 5
II AGENDA III ACTION - DISCUSSION - VOTE II
V. PUBLIC HEARING ITEM CONTINUED.
A. Consider LDR Text Amendment Application No. 15 -004 -TA adding To avoid conflict over interpretations and the extended time associated with an appeal of an administrative interpretation,
new definitions, and amend CPO, CLT, CHV, and CBD Special the Interim City Administrator has authorized a City -initiated Text Amendment, Application No. 15 -004 -TA, to the Land
Exception Uses Sections 90-223, 90-253, 90-283, and 90-313 Development Regulation's (LDR's) adding new definitions, and amending the Commercial Professional Office (CPO),
(Exhibit 1). 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.
Hear from Planning Staff. 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.
Hear from the City Staff. 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
AUGUST 20, 2015 - PLANNING BOARD - PAGE 3 OF 5
II AGENDA III ACTION - DISCUSSION - VOTE II
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.
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 MCCOY-YEA BATTON-YEA BAUGHMAN-YEA BRASS -YEA
JONASSAINT-YEA MCCREARY-ABSENT KEEFE - NIA O'BRIEN - 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
1h
AUGUST 20, 2015 - PLANNING BOARD - PAGE 4 OF 5
AGENDA
ACTION - DISCUSSION - VOTE
V. PUBLIC HEARING ITEM CONTINUED.
A. 5. a) Consider a motion for recommendation to the City Council to
distributors, retail dealers or outlets, and not directly to the consuming public.
approve or deny Application 15 -004 -TA.
b) Board discussion.
Chairperson Hooveraskedthe 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 orwithin a bank Orin 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.
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).
CLOSE PUBLIC HEARING - Chairperson.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:59 P.M.
VI. NEW BUSINESS.
A. Consider any additional requests for amendments to the City's Land
Chairperson Hooverasked whether there were any additional requests for amendments to the City's Land Development
Development Regulations - Chairperson.
Regulations. There were none.
v/Mrs
Ey�ubit I
POSSIBLE ALTERNATIVE
Allow a free-standing drive-thru ATM as a principal use by Special
Exception, provided said ATM is available for the transaction of deposits
cash withdrawals, and mortgage or loan payments to a bank or other
financial institution with an office located in the City of Okeechobee
Okeechobee bounty')
40
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).
Hear from Planning Staff.
Hear from the City Staff.
AUGUST 20, 2015 - PLANNING BOARD - PAGE 2 Of 5
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 Hooveryielded the floorto 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 orthree 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
AUGUST 20, 2015 - PLANNING BOARD - PAGE 3 OF 5 41
V. PUBLIC HEARING ITEM CONTINUED.
A. 2. Hear from the City Staff for Application No. 15 -004 -TA from that of ice machines and water dispensing machines. Mr. Brisson answered the two examples given are retail uses
continued. 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.
3. Public comments or questions from those in attendance, or Mr. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, addressed the Board about
submitted to the Board Secretary. 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.
4. Disclosure of Ex -Parte Communications by the Board. 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.
5. a) Consider a motion for recommendation to the City Council to Board Member Baughman made a motion to recommend the City Council approve Application No. 15 -004 -TA, to allow
approve or deny application. 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.
HOOVER - YEA MCCOY-YEA BATTON-YEA BAUGHMAN-YEA BRASS - YEA
JONASSAINT -YEA MCCREARY - ABSENT KEEFE - N/A O'BRIEN - 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
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't,. 'yi` C, di ',",`�'• - �'. .-'e'w`.... '- �.
-*.k.���-a���.�•:�-ca.-,-.AGENDA ..�.;��.... �� .4 .s�•�`'
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�.r.�.��'`,<:z�,.-::�����..ACTIQNDISGUSSfON�VOTE;�.�'���:�-.�.r" ��`�.�•.:�
V. PUBLIC HEARING ITEM CONTINUED.
A. 5. a) Consider a motion for recommendation to the City Council to
distributors, retail dealers or outlets, and not directly to the consuming public.
approve or deny Application 15 -004 -TA.
b) Board discussion.
Chairperson Hooverasked the Board Members for their comments. The Board Members suggested thedefinition 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 machinelATM 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. Awalk-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.
VOTE
HOOVER -YEA MCCOY-YEA BATTON-YEA BAUGHMAN - YEA BRASS - YEA
.JONASSAINT -YEA MCCREARY - ABSENT KEEFE - NIA 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).
CLOSE PUBLIC HEARING - Chairperson.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:59 P.M.
VI. NEW BUSINESS.
A. Consider any additional requests for amendments to the City's Land
Chairperson Hoover asked whether there were any additional requests for amendments to the City's Land Development
Development Regulations - Chairperson.
Regulations. There were none.
Planning
Memorandum
To: Planning Board
Services,
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 -larueplanning.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
40 ft
MEMO: Patti
Re: ATM's
For agenda purposes, I think this will be sufficient:
Proposing an amendment to LDR's ch. 90-283, special exceptions in heavy
commercial district, (1) drive through services, and ch. 66.1 definitions, "drive through
services" to permit as a special exception in heavy commercial districts:
Drive through services to include free standing ATM machines installed by
banking or savings and loan institutions without the necessity of a co -existing principal
use on the property such as a business or structure for use as a bank or savings and loan.