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2015-11-19V. OPEN PUBLIC HEARING - Chairperson. 0 M_ I:, = r yz F. r2 wc�wDDwwwww<0D tr C Z o o O o 0 0 0 -' 73 cD —1 --1 p v << a) m (D a) a) a) a) v CD v. -o c0 0 N > a-0 0_ v v O. O. O. O. O_ 0- v m w N o C7 0 cf) ea D m CD CD m CD CCD m v. a) 0 K p o cO cD 3 _ o w w 3 3 3 3 3 -v o z o CD. m n CD -O 3 3 0 0 Q o Q v -; c° cD v CD Cr m m m (CD 3 p Xj D a) n) a) ccD oo °- O_ r O n) rn co 0 T'vMv o O_ `- p O aa)) v0) = 0 0 N 0� - (CD 0 W z cSi, v v v 3 3 0= < =+ `< v x7 N C 0 0 CD SD co cn o0 xj 0 '0 m a C, n� CO c0 v K m D cr 0 CD ai a, Cl? O w v cn E— O 0 Z CD O CD m O. m= o - 3 v C7 p -, 0 O_ = w '� a) `� v = <<< to _' (D v 3 << co o cn 0 0 O. = W m, -n CD �. iD D cn (Si a) ( v D. -1 0 N O_ ill o o� 0 � Z CO ° Q M Z �� v m m 3 -3 v m 0 CD m m 0 0 co (?D 3 cn 3 = 3 0 v O cn CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:02 P.M. 0 0 M n X W r41 1 m z D m 0 m 0 0 0 0 CS m c CD 0 0 O_ CD 0_ CD 3 o- 0 00 3 m 3 a) cn O 0 (1) 0 N N O O 0, 0 3 m 3 cr CD 0 C) 0 3 0 m O_ 0 0 (D 0) m 3 O_ 0_ 3 m St CD Cn 3 3 v O_ GO O a) a Q 0. CD 3 CO v 3 CD CD CO SD 0 �= CD a) 8. v m N m — O = CD" < 5* (I) c0 0 o T- = m 0 m v .. c0 =' CD CI) SDCD N U) CD 03 03 3 N- CD CD.. 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CO N_ n Z CD 0 m m cn y o 0- -0 CD CD 0 Q co 0: c =� 0 fl? N CD 0 0 �• in C` 0 cn 0 3 CD 0 0_ 3 0 0 m n 0 0. CLOSE PUBLIC HEARING - Chairperson. 0 a •uoitoua UO aloA •uoissnosip wog 0 -0 O o V'• < o_ CD (D o N 0.3 o s< o' = O C) O = 3 o Dom. 0 0 • CD n 0 0 0 0 0 'a3nNIlNOO ONI Ib3H Ol1Bfld 'A 0 SD SD 0 0 0- 2 0 z- 0 o 3. CD cn. 3 — D o z F 2 �- r: 0 5 p -8 F v 8 can m N R. o N .73 0 m m °. m= m m z' o N o cp � C c� o 73 � - m W g = -, a' 0- 0o a o O m Da 0- 'o g 2. 0 Z a N 0 < 0 < 2 N -, m 0 o. CD O O CD O 0 N' CD • O O = n N N N== CD C En- c cn, 3 Q 3 m 0 r o O n 5 or- -o cD O > . m D� o - oW. N Co m Q. m a0C0 _,o = 0_. _ CD m CI) =�o-0 CD -- m a i s C D O c 0 0 0 = ?k o cia a) O c a c0 co 4 5' 0_ r cr, O CD r: m (D m O 0 x 0- = D ? . z 0 3 m 5- ca m Z c) CD n, x 0 CD Z 0 D m m CD n `< v 0 cD G) > 3 `< 0 ( 'c m -D-1 0 CD N-9 0' O N c 0 (D 0 < N = -O C C=D CD on o v N c?. XI G) c0 W-0 O C/) 5 Q 13 O m 2 O 0 O E c0 • y O O O Z z. O --. 0 0 0 c D m Q * c 0 a CD tli co v< —,--0 0_� u a tU Q CD o Q o. ='- 3: o CD' CAD Og O W 0c0 = 0 o- n) 0 0 O co 0 -� D Q CD co O N (1) a 0 (1) 3 C0 z 0 -< n 0 O O= N CD N 7:, D O CD_ c3CD D O ' G s 0 O (D g 3 n0) na) K o CD `o SI n = CD n N o c o o CD o (0 N CD N 0) 0 --I m Chairperson Hoover asked whether there was any further discussion. There was none. 3 V' 3 > 5. 0 5. 3 3 a 3 0.. 3 = 3 0 n n0 = 0 N 0 -, CD 0 = c0 C 0 O (' .N-. -, CD CD 5 77 CD 3 N o_ 0- O c0 5 = 0 0 0 cn = ,_,. o- ca) 0_ CD C0 (0 0 Q CD m0 5' =cc 0 CD 0 CD N 0. cD " o w.�,„ cn v o = Q cn0 iv cD COD CD a) O Q tQ N 0 0 o O vu) m (-13 = 3 0- N 5 0 CD ? c0 m 0 o 0 m D m h 3 m m 3 csm n Q- c o o �. O o = N cn o o o ( o cD Q NOVEMBER 19, 2015 - PLANNING BOARD - PAGE 4 OF 5 CPI J NOVEMBER 19, 2015 - PLANNING BOARD - PAGE 5 OF 5 There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:27 p.m. ADJOURN - Chairperson. 0 $ o § �g /2f @ a E c 2 a e o n = = Q. / % \ 2 • CL = R k S e - / 7 § = E moo: n % / § / $ / 0 ka£fb 2 kco /§/ ) 1- *��»# c /\k /§ 2 a <%A0 0 _ $ % £ -o o m $ 8 Cr, 2 w —c� CO R » / �± £ oj R =o5u) Q "0 e=& <E§m m % = m a_ 22f§w 200 .-0 «2&2ad w % 9 0 t § U % _ > ® e F- 2 § 2 » a OE�,E2 2, enact wEJ§a)° �3 «2@$ < : § _ 0 a 1— o o m 7= w£& @33 m >. 2 wcp EG% _j "V a m o - E 2 / 0 o _ m 'M .o :0 1 § = o k q a E = o « < a- a' / m � k owv Pieraeeting Sign &althea. CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT REGULAR MEETING NOVEMBER 19, 2015, OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: November 19, 2015, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice - Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Altemate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Bumette 1I1. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 15, 2015, regular meeting. V. OPEN PUBLIC HEARING - Chairperson. A. Consider LDR Text Amendment Application No. 15- 005 -TA adding a definition for youth center, amend RMF, CLT, CHV, and IND Permitted and Special Exception Uses Sections 90 -193, 90 -252, 90 -253, 90 -282, 90 -283, and 90 -342, amend section 90 -512 to add minimum parking requirements for indoor auction houses with or without fixed seating, nail salon, retail service, and personal service and amend sections 90 -105 and 90 -572 to correct a typographical error and an incorrect reference respectively (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the City Staff. NOVEMBER 19, 2015 - PB /BOA AGENDA - PAGE 2 OF 2 V. PUBLIC HEARING CONTINUED. A. 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. b) Board discussion. c) Vote on motion. The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on January 5, 2016 (tentatively). CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURN - Chairperson. 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication maybe read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show anydocument, picture, video or items to the Board in support oropposition 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. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. 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 Department, no later than two business days prior to the proceeding, 863 - 763 -3372. 1IDEPENDENT NEWSMEDIA INC. USA P1?7 1I)1(1 ntoLde Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of r in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ft /1 g 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 purpoe af securing this r advertisement for publication in tic said newspaper. Sworn to and subscribed be. �Jre me this day of iJ,,l i2vA -2 &t / O 1S` AD Notary Public, State of Florida at Large Katrina Elsken �a 4 a 4.. ANGIE BRIDGES MY COMMISSION # EE 177653 rn,l �'•r o`? EXPIRES: April 20, 2016 4,8 ,)l,`' O`'' Bonded Thru Notary Public Underwriters ruu PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICES ;S HEREBY GIVEN that a PUBLIC HEARING will be held before the City of 'Okeechobee Planning Board, meeting as the Local Planning Agency on Thu, Nov 19, 2015 6 PM, or as soon, thereafter as possible, at City Hall,'S55�'SE 3rd Ave, Rm 260, Okeechobee, FL, to consider and receive input onrPetition No. 15- 005 -TA which proposes to amend the Code of Ordi- nances Subpart B-Land Development Regulations as follows: Add a definition for Youth Center; Add youth center and recovery center /so- ber home as special exception uses in the Residential Multiple - Family Zon- ing District; Add convenience store as a permitted use and add alcohol and drug rehabilitation center /detox center, and recovery center /sober home as special exception uses in the Light Commercial Zoning District; Add conven- ience store and indoor auction house as permitted uses and add alcohol and drug rehabilitation center /detox center, convenience store with fuel pumps, retail pool supplies and equipment, water treatment services, and pest con- trol (all including storage of chemicals for use and /or retail sale) as special exception uses in the Heavy Commercal Zoning District; Add retail pool supplies and equipment, water treatment services, and pest control (all in- cluding storage of chemicals for use and /or retail sale) as permitted uses in the Industrial Zoning District; and add minimum parking requirements for indoor auction houses with and without fixed seating, nail salon, retail ser- vice, and personal service. The proposed amendments 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. 15-005 - TA that will be forwarded bp the. City Coundl for consideration at Public Hearings, attentively scheduled for December 15, 2015, and January 5, 2016. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to paf- ticipate In this proceeding, contact the General Services O!5ce no later than t b,"Si a;; days prior to proCE2111 , 553-:63-3372. BE ADVISED that should you i tend 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: Zoning Administrator Marcos Montes De Oca, Petition No. 15- 005 -TA 473245 ON 11/1,8/2015 44120144 Page 1 of City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes November 19, 2015 I. Call To Order - Chairperson: Chair Hoover called the November 19, 2015, Regular Meeting to order at Lo DO p.m. II. Chairperson, Board Member Staff Attendance - Secretary. Ili. Agenda - Chairperson. A. Chair 110O 'Ie. f ' asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the October 15, 2015, regular meeting; seconded by Board Member Discussion: PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover Vice Chairperson McCoy Board Member Batton Board Member Baughman ✓ Board Member Brass ✓ Board Member Jonassaint Board Member McCreary Alternate Board Member Keefe ✓ Alternate Board Member O'Brien V Planning Consultant Brisson, Senior Planner Board Attorney Cook Board Secretary Burnette Ili. Agenda - Chairperson. A. Chair 110O 'Ie. f ' asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the October 15, 2015, regular meeting; seconded by Board Member Discussion: 11120114 Page 2 of o VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY ti/ KEEFE O'BRIEN V. RFSLJI TS. (CARRIFD DFNIFD V. CHAIR r I bivei OPENED THE PUBLIC HEARING AT I-4 , 0) P.M. A. Consider LDR Text Amendment Application No. 15- 005 -TA adding a definition for youth center, amend RMF, CLT, CHV, and IND Permitted and Special Exception Uses Sections 90 -193, 90 -252, 90 -253, 90 -282, 90 -283, and 90- 342, amend section 90 -512 to add minimum parking requirements for indoor auction houses with or without fixed seating, nail salon, retail service, and personal service and amend sections 90 -105 and 90 -572 to correct a typographical error and an incorrect reference respectively (Exhibit 1). 1. Hear from Planning Staff. bt-tt jAc;S6 � o�3 s w r n eq u n r yau4-11 cenkr- nap f P��� �o � to I c o ► �(I ie.- n v n- p � �i � a nQ� .: io�� veld z( Spec fy I R m-• no o tt,e s-' '11"S V. PUBLIC HEARING CONTINUED. P 12 01011 Wftl,r SObe,{ 141-4A-Q-- 5pet Ex op FCLT Con vin I ince, ) MOD( Lc11 fl-lcbvo dal 1_e(16-kci CL1CHV P-C)v--(M C ai CLCfrV ,t_ (0115 tr\trYth-t3 11105 11/20ttirPage 3 of g 13 °e' al ha Yek,i- LI 'ho.4 (icon a 0 (i - h 11(1Craleh cle oca_47; ro yrs Lo 1 Ct L DE p i EPP- 1 t-:1S-Vg- lard Stair IN hets ra44 IA i Ft, a__ Le cri 40 C-1 Lt 4-1P.-1 1 VI b-12 C C.3"1/t eui)OL 1 iivoe , SA_ if, p ILL-) ( /Oct Lui) t (its a At IA si.td 1-r -I- htt, p,r,,,,,, V. PUBLIC HEARING CONTINUED. &r, rom609 Iftqu.Lfietalks Pmb-no-c sve5 bay tovr5vo P h assa Cccur o( a lo te.,„ 5 le, M ,)(rit'cc 5tY 2 (cict Serv/c:c C hci-t ros 14120114 Page 4 of ic 0 n.ctobr actffitiA In /PIA- SCA)mt, f2oittirn (,c;ut attil_ as S-imrc,4-yb7 vi Chloe. ekto det 11614M 1 s+ Die 4y Y. COUACt bt Leh pxt- -t-bo 6141 t.-1---ons 4-0 cylt, sY0-51). I C Le.)4 rl IA) iu aLL 1,L) e vn haw ckc s . 2. Hear from the City Staff V. PUBLIC HEARING CONTINUED. t1t20ft4 Page 6 of Ce V. PUBLIC HEARING CONTINUED. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. h�- 4. Disclosure of Ex -Parte CommunicationsVby the Board. n 11 I ►ci Jls p 11120111- Page 7 of O V. PUBLIC HEARING CONTINUED. 5. a) Consider a motion for recommendation to the City Council to approve or deny application. nd second by Members &on ham' ain , t recommend/not recommend the City Council deny LDR Text Amendment Application No. 15- 005 -TA which adds a definition for youth center, amend RMF, HV, and IND Permitted and Special Exception Uses Sections 90 -193, 90 -252, 90 -253, 90 -282, 90 -283, and 90 -342, amend section 90 -512 to add minimum parking requirements for indoor auction houses with or without fixed seating, nail salon, retail service, and personal service and amend sections 90 -105 and 90 -572 to correct a typographical error and an incorrect reference respectively. b) Board discussion. iCt toy". ebni belie C n:t or y S4-oye- rtu,�,= (k.rLt( ( o Y 16'-- 1016 19420114 Page 8 of V. PUBLIC HEARING CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN BRASS JONASSAINT McCREARY `f KEEFE V O'BRIEN — '/ RFS11I TS. / CARRIFD V DFNIFD .-- The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on January 5, 2016 (tentatively). CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. \k`7' (o:V- - pin \e'd°'kro°3°P\P t\ ,e 0') VII. ADJOURN - Chairperson. (� o 7 6L-' owe r_ Par towv oicu t t ru- t.C,CL, pan t C S a . bu ! .k, re+tJ (c>C4 rc e. - -tvirti , frk, 5re Parr& Prtu 1AL jqrnan iP►'y_74,46,,t ite a U� tclo sot a re.` . P riot. t1- CLot,On IADn a reek. k ra wit( tae Rader( Planning & Management Services, Inc. Exhibit 1 Memorandum To: Planning Board Members From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Services, Inc. Date: October 30, 2015 Subject: Explanation of changes proposed in 15- 005 -TA The following provides explanations for each of the proposed changes to the LDRs contained in the September 30th draft of proposed ordinance associated with for 15- 005 -TA. 1. Youth center: We have suggested a definition for youth center. While we recognize that a "youth center" could be considered to fall within the definition of a "community center" the special requirement for a community center would severely limit the opportunities for the small scale youth center. For example, while a community center is allowed as a special exception use in the RSF 1, RSF 2, RMF, and RMH zoning district, the minimum parcel size is 20,000 square feet. It is our impression that this category of use anticipated the type of community center that might be associated with a residential subdivision, mobile home subdivision or a larger multi - family project. The definition we suggest would allow for the smaller scale facilities that have been associated with the recent inquiries. The proposed definition for a youth center is as follows: "Youth center means a social and recreational center providing supervision and opportunities for youth to develop their physical, social, emotional, and cognitive abilities and to experience achievement, leadership, enjoyment, friendship, and recognition. They typically offer organized instructional programs for physical activities, academic and arts programs as well as opportunities for unstructured activities such as game playing, socializing, club meetings, and outdoor play." We also propose that a Youth center be a special exception use in the RMF District. 2. Recovery Center /sober home: In February, 2015 we added a definition for this term to the LDC, but did not identify where this use should be allowed. The definition is: "Recovery center /sober home means a facility, used by addicts recovering from substance abuse, which serves as an interim environment between rehabilitation and a return to their former lives. These facilities provide a safe and supportive place in which people can live while they are in recovery and are primarily meant to provide housing for people who have just come out of rehabilitation (or recovery centers) and need a place to live that is structured and supporting for those in recovery. A recovery center/ sober home is not a group home because it is not licensed by a state or federal agency." 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 We are proposing that a Recovery center /sober home be allowed in the RMF and CLT District as a special exception use. This would largely avoid placing such facilities in dose proximity to bars and lounges which are most likely to be located in the CHV District. 3. Convenience store and Indoor auction house: In February, 2015 we added definitions for these terms to the LDC, but did not identify where these uses should be allowed. The definitions are: "Convenience store means a retail establishment offering for sale pre- packaged food products, beverages, household items, newspapers and magazines, sandwiches and other freshly prepared foods for consumption off the premises." "Auction house (indoor) means an establishment where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. This definition does not include out- door or open -air auctions where vehicles, farm and construction equipment and the like are auctioned." We are proposing that Convenience store be allowed as a permitted use in both the CLT and CHV Districts and that Indoor Auction house be allowed as a permitted use in the CHV District. 4. Alcohol & drug rehabilitation center /detox center: In February, 2015 we added a definition for this term to the LDC, but did not identify where this use should be allowed. The definition is: "Alcohol and drug rehabilitation center / detox center means a facility provid- ing an active rehabilitation treatment program run throughout the day, where the residents receive intensive individual and group counseling for their substance abuse. Residents typically stay for one to six months." We are proposing that Alcohol and drug rehabilitation center /detox center be allowed as a special exception use in the CLT and CHV Districts. 5. Convenience store with fuel pumps: In February, 2015 we added a definition for this term to the LDC, but did not identify where this use should be allowed. The definition is: "Convenience store with fuel pumps means a convenience store providing motor vehicle fuels and which may also stock within the principal structure and offer for sale prepackaged motor oil and other small prepackaged auto- motive- related accessories." We are proposing that Convenience store with fuel pumps be allowed as a special exception use in the CHV District. Serving Florida Local Governments Since 1988 2 6. Retail pool supplies and equipment, water treatment services, and pest control (all including storage of chemicals for use and /or retail sale: There have been a few inquiries concerning where and how these types of uses are allowed in the City. Each of these uses is essentially a retail use, but involves the storage and sale of chemicals. We are proposing that this use category be allowed in the CHV and I (Industrial) Districts. It should be noted that the storage of chemicals on site is limited to use on the premises or for retail sale directly to the ultimate consumer. This category does not permit bulk stor- age, which is storage for resale to distributors or retail dealers. 7. Parking requirements: Most of the new uses that have been added fall within one or another of the general categories of use for which parking standards have been provided in Section 90- 512.- However in some instances, specific parking requirements or clarifi- cation of existing requirements are needed. Each of the changes to the parking require- ments are briefly explained below: (a) There has been confusion in the past as to how to treat retail service and personal service use. They should have the same parking requirements as retail use unless the service provided relies on stations, chairs or beds such as barber shops, beauty shops and nail salons. This is the basis for including the phrase "except as may otherwise be specifically identified in this section ". It is also why "nail salon" has been added to the parking standard applying to barber and beauty shops. (b) Indoor auction house is a newly listed use and is proposed to have the same parking requirement as other places of assembly; specifically storefront churches. This also ties in the method of calculation employed by the Fire Department. In retrospect, however, rather than creating an entirely new listing under the parking requirements, it may be more appropriate to simply add "auction house" to the listings for "storefront church ". 8. Corrections of typographical errors and misplaced references. These changes are self - explanatory in the proposed ordinance. Serving Florida Local Governments Since 1988 ORDINANCE NO. 1130 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 A DEFINITION WITHIN SECTION 66 -1 FOR YOUTH CENTER; PROVIDING FOR AMENDMENTS TO CHAPTER 90- ZONING, ARTICLE III - DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY: DIVISION 5- RESIDENTIAL MULTIPLE - FAMILY DISTRICT SECTION 90- 193, TO INCLUDE YOUTH CENTER AND RECOVERY CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 7- LIGHT COMMERCIAL DISTRICT SECTION 90 -252, TO INCLUDE CONVENIENCE STORE WITHIN THE LIST OF PERMITTED USES AND SECTION 90 -253, TO INCLUDE ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CENTER AND RECOVERY CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 8 -HEAVY COMMERCIAL DISTRICT SECTION 90 -282, TO INCLUDE CONVENIENCE STORE AND INDOOR AUCTION HOUSE WITHIN THE LIST OF PERMITTED USES AND SECTION 90 -283, TO INCLUDE ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CENTER, CONVENIENCE STORE WITH FUEL PUMPS, RETAIL POOL SUPPLIES AND EQUIPMENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUDING STORAGE OF CHEMICALS FOR USE AND /OR RETAIL SALE) WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 10- INDUSTRIAL DISTRICT, SECTION 90 -342, TO INCLUDE RETAIL POOL SUPPLIES AND EQUIPMENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUDING STORAGE OF CHEMICALS FOR USE AND /OR RETAIL SALE) WITHIN THE LIST OF PERMITTED USES; PROVIDING FOR AMENDMENTS TO CHAPTER 90- ZONING, ARTICLE IV SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 3, OFF - STREET PARKING AND LOADING, SECTION 90- 512 -SPACE REGULATIONS, SUBSECTION (2) COMMERCIAL USES, TO INCLUDE MINIMUM PARKING REQUIREMENTS FOR INDOOR AUCTION HOUSES WITH AND WITHOUT FIXED SEATING, NAIL SALON, RETAIL SERVICE AND PERSONAL SERVICE; AMENDING CHAPTER 90- ZONING, SECTIONS 90 -105 AND 90 -572 TO CORRECT A TYPOGRAPHICAL ERROR AND INCORRECT REFERENCE, RESPECTIVELY; 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- 005 -TA, at a duly advertised Public Hearing held on November 19, 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 Ordinance No. 1130 - Page 1 of 7 Language to be added is underlined. Language to be deleted is ctrusk- througt}. 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 definition: Youth center means a social and recreational center providing supervision and opportunities for youth to develop their physical, social, emotional, and cognitive abilities and to experience achievement, leadership, enjoyment, friendship, and recognition. They typically offer organized instructional programs for physical activities, academic and arts programs as well as opportunities for unstructured activities such as game playing, socializing, club meetings, and outdoor play. SECTION 2: Amendment and Adoption to Section 90 -193. 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 5- Residential Multiple Family District, Section 90 -193 Special Exception Uses to expand the list of uses to include youth center and recovery center /sober home, as follows: The following uses and structures are permitted in the RMF district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (1) Guesthouse, provided that the lot area shall be not less than 12,500 square feet. (2) Boardinghouse. (3) Bed and breakfast establishments. (4) Group home. (5) Day care center. (6) House of worship, on a lot of less than five acres. (7) Community center. (8) Indoor recreation. (9) Outdoor recreation. (10) Public utility. (11) Permitted uses in excess of 45 feet in height. (12) Residential migrant housing facility. (13) Adult family care homes or assisted living facilities as provided by law. (14) Youth center (15) Recovery center /sober home SECTION 3: Amendment and Adoption to Section 90 -252. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90- Zoning, Article III - District and District Regulations, Division 7 -Light Commercial District, Section 90 -252 Permitted Uses to expand the list of uses to include a convenience store as follows: The following principal uses and structures are permitted in the CLT district: Ordinance No. 1130 - Page 2 of 7 Language to be added is underlined. Language to be deleted is struck through. (1) Professional office, business office, medical office. (2) Retail store, retail service. (3) Personal service. (4) Craft studio. (5) Storefront church located in a unit in a multi -use building or shopping center. (6) Pet grooming. (7) Convenience store. SECTION 4: Amendment and Adoption to Section 90 -253. That the City Council for the City of Okeechobee, Florida, amends herein Part I I of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90- Zoning, Article III- District and District Regulations, Division 7 -Light Commercial District, Section 90 -253 Special Exception Uses to expand the list of uses to include alcohol and drug rehabilitation center /detox center, and recovery center /sober home 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, nightclub. (4) Business school. (5) Radio, television or cable reception, transmission or operational facilities. (6) Commercial indoor recreation. (7) Commercial parking garage or lot, taxistand. (8) Outdoor vehicle sales lot. (9) House of worship. (10) Marina, dock, pier. (11) Enclosed storage. (12) Public facility or use. (13) Public utility. (14) Permitted uses in excess of 45 feet in height. (15) One dwelling unit per commercial building. (16) Group home. (17) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5). (18) Nursing homes. (19) Taxidermist. (20) Alcohol and drug rehabilitation center /detox center. (21) Recovery center /sober home. 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 8 -Heavy Commercial District, Section 90 -282 Permitted uses to expand the list of uses to include convenience store and indoor auction house, as follows: The following principal uses and structures are permitted in the CHV district: (1) Professional office, business office, medical office. (2) Retail service, retail store including outdoor display of merchandise. (3) Restaurant, take -out restaurant, cafe. (4) Personal service. (5) Dry cleaner /laundry, Laundromat. (6) Funeral home. (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. Ordinance No. 1130 - Page 3 of 7 Language to be added is underlined. Language to be deleted is ugh. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet Grooming. (16) Convenience store. (17) Indoor auction house. SECTION 6: 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 Regulations, Division 8 -Heavy Commercial District, Section 90 -283 Special exception uses to expand the list of uses to include Alcohol and drug rehabilitation center /detox center; Convenience store with fuel pumps; and Retail pool supplies and equipment, water treatment services, and pest control (all including storage of chemicals for use and /or retail sale), to read 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) Alcohol and drug rehabilitation center /detox center. (24) Convenience store with fuel pumps. (25) Retail pool supplies and equipment (including storage of chemicals for use and /or retail sale). (26) Water treatment services (including storage of chemicals for use and /or retail sale). (27) Pest control (including storage of chemicals for use and /or retail sale). SECTION 7: Amendment and Adoption to Section 90 -342 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 Regulations, Division 10- Industrial District, Section 90 -342 Permitted uses to expand the list of uses to include Retail pool supplies and equipment, water treatment services, and pest control (all including storage of chemicals for use and /or retail sale) to read as follows: The following principal uses and structures are permitted in the IND district: Ordinance No. 1130 - Page 4 of 7 Language to be added is underlined. Language to be deleted is strask- through. (1) Business office. (2) Business school. (3) Retail service, retail store including outdoor display of merchandise. (4) Research laboratory. (5) Manufacturing, processing, except those which produce explosives. (6) Mechanical and repair services. (7) Bulk storage of nonhazardous material. (8) Off -site sign. (9) Outdoor sales and storage, building contractor. (10) Wholesale sales and distribution. (11) Enclosed warehouse and storage. (12) Commercial laundry, dry cleaner. (13) Printing. (14) Auto service station, car wash. (15) Drive - through service. (16) Parking garage, parking lot. (17) Radio, television or cable reception, transmission or operational facilities. (18) Veterinary service. (19) Railroad facilities. (20) Public utility. (21) Public facility. (22) Storefront church located in a unit in a multi -use building or shopping center. (23) Cafe. (24) Barbershop, beauty shop. (25) Dry cleaner /laundry. (26) Nail care. (27) Shoe repair. (28) Tailor. (29) Limited agriculture of a commercial nature on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than September 19, 2013. (30) Retail pool supplies and equipment, (including storage of chemicals for use and /or retail sale). (31) Water treatment services, (including storage of chemicals for use and /or retail sale). (32) Pest control (including storage of chemicals for use and /or retail sale). SECTION 8: Amendment and Adoption to Section 90 -512 That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90, ZONING, ARTICLE IV- Supplementary District Regulations, Division 3 Off - street parking and loading, Section 90- 512 -Space regulations, Subsection (2) Commercial uses, to include minimum parking requirements for indoor auction houses with and without fixed seating, nail salon, retail service, and personal service, to read as follows: (2) Commercial Uses: Shopping center, Rretail store, retail service, and personal service, 1 per 300 square feet of floor area service, except as may otherwise be or specifically identified in this section. Furniture or appliance store 1 per 500 square feet of floor area Professional office, business 1 per 300 square feet of floor area service Medical office 1 per 180 square feet of floor area Nursery, lumberyard 1 per 250 square feet of floor area Restaurant, nightclub 1 per 75 square feet of floor area Barbershop, beauty shop, nail 2 per service chair salon Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses Ordinance No. 1130 - Page 5 of 7 Language to be added is underlined. Language to be deleted is struck- through. SECTION 9: Amendment and Adoption to Sections 90- 105(b) and 90- 572(a)(3) 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, Sections 90- 105(b) and 90- 572(a)(3) to correct a typographical error and incorrect reference, respectively, to read as follows: Section 90 -105 (b) Minimum yard requirements. The maximum minimum yard requirements in the RSF 1 district, except where greater distance is required by yard setback, shall be as follows: Section 90- 572(a) (3) Where building signs are placed upon more than one side of the building, the combined sign face areas, shall not exceed that amount permitted by subsection (a) (1) above. SECTION 10: Conflict. That all laws or ordinances in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict. SECTION 11: 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 12: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this _ day of 2015. ATTEST: Language to be added is underlined. Language to be deleted is struslEigreugh. James E. Kirk, Mayor Ordinance No. 1130 - Page 6 of 7 Auto service, repair or wash 1 per 150 square feet of floor area Automobile sales 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor area used for sales or display. Storefront church with fixed seating 1 per 3 seats in the assembly area used for worship. For pews, each 18 inches shall equal one seat. Storefront church without fixed seating 1 space for each 90 square feet of assembly area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area in excess of 1,470 square feet. Auction house (indoor) with fixed 1 per 3 seats in the auction assembly seating area. For pews, each 18 inches shall equal one seat. Auction house (indoor) without 1 space for each 90 square feet of fixed seating assembly area used for the auction up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area in excess of 1,470 square feet. SECTION 9: Amendment and Adoption to Sections 90- 105(b) and 90- 572(a)(3) 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, Sections 90- 105(b) and 90- 572(a)(3) to correct a typographical error and incorrect reference, respectively, to read as follows: Section 90 -105 (b) Minimum yard requirements. The maximum minimum yard requirements in the RSF 1 district, except where greater distance is required by yard setback, shall be as follows: Section 90- 572(a) (3) Where building signs are placed upon more than one side of the building, the combined sign face areas, shall not exceed that amount permitted by subsection (a) (1) above. SECTION 10: Conflict. That all laws or ordinances in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict. SECTION 11: 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 12: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this _ day of 2015. ATTEST: Language to be added is underlined. Language to be deleted is struslEigreugh. James E. Kirk, Mayor Ordinance No. 1130 - Page 6 of 7 Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1130 - Page 7 of 7 Language to be added is underlined. Language to be deleted is struck- through.