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1130 LDR Amend #15-005-TAORDINANCE 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, INDOOR AUCTION HOUSE, 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 No. 1130 - Page 1 of 7 Language to be added is underlined. Language to be deleted is dough. 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 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 Ordinance No. 1130 - Page 2 of 7 Language to be added is underlined. Language to be deleted is strusk-thfaugh. 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: (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 -282. 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 -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. Ordinance No. 1130 - Page 3 of 7 Language to be added is underlined. Language to be deleted is smock eugh. (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet 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 Ordinance No. 1130 - Page 4 of 7 Language to be added is underlined. Language to be deleted is struck-through. 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: (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 Ordinance No. 1130 - Page 5 of 7 Language to be added is underlined. Language to be deleted is struck t#rour3#. 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 I I 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) al 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 p 2016. ATTEST: Lane amiotea, CMC, City Clerk Language to be added is underlined. Language to be deleted is struck h}. hearing on this 5th day of January, James E. Kirk, Mayor Ordinance No. 1130 - Page 6 of 7 Barbershop, beauty shop, and nail 2 per service chair salon Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses 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. Auction house (indoor), or 1 per 3 seats in the area used for the storefront church with fixed seating auction, or in the assembly area used for worship. For pews, each 18 inches shall equal one seat. Auction house (indoor), or 1 space for each 90 square feet of area used for the auction or assembly storefront church without fixed seating area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship 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 I I 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) al 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 p 2016. ATTEST: Lane amiotea, CMC, City Clerk Language to be added is underlined. Language to be deleted is struck h}. hearing on this 5th day of January, James E. Kirk, Mayor Ordinance No. 1130 - Page 6 of 7 PASSED AND ADOPTED after Second and Final Publi Hearing this 19th day of January, 2016. ATTEST: Lane �amiotea, C C, City Clerk REVIEWED FOR LEGAL, SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined. Language to be deleted is struck- through. James E. Kirk, Mayor Ordinance No. 1130 - Page 7 of 7 a Okeechobee News 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/'I A gJd�,e j in the matter of lehw/h4-e—, `J U 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 c,i securing this advertisement for publication in div said newspaper Katrina Elsken Sworn to anddssubscribed b re me this day of �„�,�(�iyo�� ls� AD Notary Public, State of Florida at Large E ANGIE BRIDGESMY COMMISSION k EE 177653,EXPIRES: April 20, 2016 Bonded Thru Notary Public. Underwriters 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 fhu, Nov 19, 2015, 6 PM, or as soon thereafter as possible, at City Hall,'Ss'$E 3rd Ave, Rm 200, Okeechobee, EL, to consider and receive input on on No. 15 -005 -TA which proposes td 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-Famlly 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 Di. t; 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, , tail pool supplies and equipment, water treatment services, and pest con- trol (ail including storage of chemicals for use and/or retail sale).as spedal exception uses in the Heavy Commercial 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 paling 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 -Fd, 8 AM -4:30 PM, except for holidays. The Pur is encouraged to attend. The Planning Board will issue a recommendation on Application No. 15-005- TA that will be forwarded to the Cl 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 n eeting 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 an in this proceeding, contact the General Services�e no later than uays prior 6 pr6C=l's-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 far the City's records. Marcos Montes De Oca, Petition No. 15 -005 -TA aNDEPBNDENT 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,_b,�Qr ` lYl &-7 k D, 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 p��l �s 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 ,)f 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 be re me this T �V day of %C, ,.,.. &Az � 0 / J AD Notary Public, State of Florida at Large M1f31E BRIDGES COMwS;IDN q EE 177653 EXPIRES: d12O, 2016 �'^°•G,�°�' BontlM Th U Notts Pubk Untle,w m Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 NOTICE OF PROPOSED LAND DEVELOPMENT REGULATION TEXT AMENDMENTS PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on Tues, Janu- ary 5, 2016, at 6:00 PM, or as s'on thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public clearing to consider First Reading for proposed Ordinance into law: No.1130: AN ORtINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF OR- DINANCES, 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 111 -DISTRICT AND DIS- TRICT REGULATIONS, SPECIFICALLY: DIVISION 5 -RESIDENTIAL MULTI- PLE -FAMILY DISTRICT SECTION 90-193, TO INCLUDE YOUTH CENTER AND RECOVERY CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL EXCEP- TION 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 IN- DOOR AUCTION HOUSE WITHIN THE LIST OF PERMITTED USES AND SEC- TION 90-283, TO INCLUDE ALCOHOL AND DRUG REHABILITATION CEN- TER/DETOX CENTER, INDOOR AUCTION, ONVENIENCE 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; PROVID- ING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE IV SUPPLE- MENTARY 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 TYPOGRAPH- ICAL ERROR AND INCORRECT REFERENCE, RESPECTIVELY; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EF- FECTIVE DATE. The proposed amendment may be viewed on the website, cityofokeechobeecom, 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 accom- modation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the docu ment, picture, video, or item MUST be provided to the City Clerk for the City's records. Published by: Lane Gamiotea, CMC, City Clerk aNDEPENDEHT 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 aifl.,t�.tlr 0 , W_4_ -cD 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, F;orida, 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 adverbs �lm%%ent for publication in the said newspaper. rGt/ Katrina Elsken Sworn to=db cribed b fore me this day of a1O t 6 AD Notary �Public, State of Florida at Large AT `? -- "'ry+ ANGIE BRID1 MY COMMISSIOGES N! EE 111,13 '-e EXPIRES: ApM 20, 2015 visa# eo�eee rmu worst Pwr weMMne,s Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 NOTICE OF PROPOSED LAND DEVELOPMENT REGULATION TEXT AMENDMENTS PUBLIC NOTICE: the City Councilthe City of Okeechobee, FL, will on Tues, January 19, 2016, at 6:00 PM, or s soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider Fi- nal Reading for proposed Ordinance into law: No. 1130: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B -LAND DEVELOP- MENT REGULATIONS; PROVIDING FOR AMENDMENTS CHAPTER 66 -GEN- ERAL 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: DIVI- SION 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 90-2.52, TO INCLUDE CONVENIENCE STORE WITHIN THE LIST OF PERMITTED USES AND SECTION 90-253, TO INCLUDE ALCO- HOL 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 SErTION 90-283, TO INCLUDE ALCOHOL AND DRUG REHABILITATION CENTEWDETOX CENTER, INDOOR AUCTION, CON- VENIENCE STORE WITH FUEL PUMPS, RETAIL POOL SUPPLIES AND EQUIP- MENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUD- ING 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, DI- VISION 3, OFF-STREET PARKING AND LOADING, SECTION 90 -512 -SPACE REGULATIONS, SUBSECTION (2) COMMERCIAL USES, TO INCLUDE MINI- MUM 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 REFER- ENCE, RESPECTIVELY; PROVIDING FOR CONFLICTS, PROVIDING FOR SEV- ERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The proposed amendmentTnay be viewed on the website, cityofokeechobee. com, or at the Office of the �,ity Clerk, during normal business hours, Mon -Fri, 8 AM -4:30 PM, at the addresg 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 Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. Published by: Lane Gamiotea, CMC, City Clerk AGENDA V. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. MINUTES — City Clerk a) Motion to dispense with the reading and approve the Summary of Council Action for the November 24, 2015, December 15, 2015, and January 5, 2016 Regular Meetings. VII. WARRANT REGISTER - City Administrator A. Motion to approve the December 2015 Warrant Register. General Fund........................................................................$ 391,414.57 General Fund -Centennial Account ........................................$ 2,828.78 Public Facilities Improvement Fund .......................................$ 20,657.26 Capital Improvement Projects Fund ......................................$ 18,655.07 Appropriations Grant Fund ....................................................$ 4,500.00 JANUARY 19,2016- REGULAR MEETING -PAGE 2 OF 8 499 COUNCIL ACTION - DISCUSSION — VOTE Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. As requested, Mayor Kirk read the following letter into the record: "Mayor Kirk and City Council Members, as you all know, I did get to experience a helicopter ride on January 12, due to [me] being trauma hawked after having a stroke. Before landing at the hospital, I realized my City Family had just extended their hands to help me. 1 would like to recognize three of our first responders that were responsible for having a hand in saving my life. l know this is something these gentlemen do on a daily basis but I wanted to thank [them] personally for doing [their] jobs and representing the City professionally. Those fellow City family members were Lt. Glenn Hodges, Firefighter Mike Skipper, and Firefighter J.R. Wooten, as well as some support from our County's EMS crew, Fire Medic Gwilt and Fire Medic Bridges. Again [I] thank [them] for [their] actions, prompt care and again for the free helicopter ride to safety, signed Mike O'Connor. Motion and second by Council Members Ritter and Chandler to dispense with the reading and approve the Summary of Council Action for the regular meetings of November 24, 2015, December 15, 2015, and January 5, 2016. There was no discussion on this item. VOTE: KIRK -YEA CHANDLER -YEA O'CONNOR-YEA RITTER-YEA WATFORD-YEA MOTION CARRIED. Motion and second by Council Members Watford and O'Connor to approve the December 2015 Warrant Register in the amounts: General Fund, three hundred ninety-one thousand, four hundred fourteen dollars, and fifty-seven cents ($391,414.57); General Fund -Centennial Account, two thousand, eight hundred twenty-eight dollars, and seventy-eight cents ($2,828.78); Public Facilities Improvement Fund, twenty thousand, six hundred fifty-seven dollars and twenty-six cents ($20,657.26); Capital Improvement Projects Fund, eighteen thousand, six hundred fifty-five dollars and seven cents ($18,655.07); Appropriations Grant Fund, four thousand, five hundred dollars and no cents ($4,500.00). There was no discussion on this item. VOTE: KIRK - YEA CHANDLER -YEA O'CONNOR-YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Vill. OPEN PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCE — Mayor MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:11 P.M. A.1.a) Motion to read proposed Ordinance No. 1130 by title only, regarding Land Council Member Watford moved to read proposed Ordinance No. 1130 by title only, regarding Land Development Development Regulation Text Amendments, Application No. 15 -005 -TA Regulation Text Amendments, Application No. 15 -005 -TA; seconded by Council Member Ritter. Planning Board recommends approval — City Planning Consultant (Exhibit 1). 500 VIII.LDR PUBLIC HEARING CONTINUED A.1.b) Vote on motion to read by title only proposed Ordinance No. 1130. c) City Attorney to read proposed Ordinance No. 1130 by title only 2.a) Motion to adopt Ordinance No. 1130. b) Public comments and discussion. VOTE: KIRK - YEA CHANDLER -YEA O'CONNOR-YEA RITTER-YEA WATFORD-YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1130 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 A DEFINITION WITHIN SECTION 66-1 FOR YOUTH CENTER; PROVIDING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE 111 -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 CENTERISOBER 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, INDOOR AUCTION 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." Motion and second by Council Members Chandler and O'Connor to adopt proposed Ordinance No. 1130. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member Watford clarified as discussed at first reading, Planning Staff confirmed this will meet the States requirements to address sober homes appropriately. Also, businesses in operation, that do not meet these new regulations, will be considered grandfathered -in. LDR PUBLIC HEARING CONTINUED A.2.c) Vote on motion to adopt Ordinance No. 1130. CLOSE PUBLIC HEARING - Mayor IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1131 by title only, and set February 2, 2016, as final public hearing date regarding City of Okeechobee Municipal Police Officers' Pension Trust Fund — City Attorney (Exhibit 2). b) Vote on motion to read by title only, and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1131 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1131 b) Public comments and discussion. c) Vote on motion. ivy JANUARY 19, 2016 - REGULAR MEETING - PAGE 4 OF 8 VOTE: KIRK -YEA CHANDLER -YEA O'CONNOR-YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. Motion and second by Council Members Watford and Ritter to read proposed Ordinance No. 1131 by title only, and set February 2, 2016, as final Public Hearing date regarding amendments to the City of Okeechobee Municipal Police Officers' Pension Trust Fund. VOTE: KIRK -YEA CHANDLER -YEA O'CONNOR-YEA RITTER-YEA WATFORD-YEA MOTION CARRIED. City Attorney Cook read proposed Ordinance No. 1131 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 888, AS SUBSEQUENTLYAMENDED; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION, AMENDING SECTION 16, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 27, PRIOR POLICE SERVICE; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Motion and second by Council Members Chandler and O'Connor to approve the first reading of proposed Ordinance No. 1131. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk confirmed it would be appropriate for Council Member Watford to forward his questions via email to Pension 4ttorney Christiansen through Administrator MontesDeOca. VOTE: KIRK -YEA CHANDLER -YEA O'CONNOR-YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Planning Exhibit 1 Jan 19, 2016 & Management Services, Inc. Memorandum To: Mayor and City Council From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Services, Inc. Date: December 28, 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 proposed ordinance associated with for the City -initiated text amendment 15 -005 -TA. The Planning Board, sitting as the LPA unanimously recommended approval at its last meeting. 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 Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 339-334-3366 wwwAarueplanning.coin 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." 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 close proximity to bars and lounges which are most likely to be located in the CHV District. 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 r s 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 as a Special exception in the CHV District and as a Permitted use in the I (Industrial) District. 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 storage, 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 another place of assembly — storefront churches. Therefore, the term "auction house (indoor)" has simply been added to those parts of Sec. 90-512 dealing with the parking requirement for storefront churches. This also ties in with the method employed by the Fire Department in calculating allowable occupancy of an assembly area. 8. Corrections of typographical errors and misplaced references. These changes are self-explanatory in the proposed ordinance. 3 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 CENTERIDETOX 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, INDOOR AUCTION 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 WITHAND 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 No. 1130 - Page 1 of 7 Language to be added is underlined. Language to be deleted is sVuskttuough. 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 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, enioyment, 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 Ordinance No. 1130 - Page 2 of 7 Language to be added is underlined. Language to be deleted is st{usk Nueu§h. 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: (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 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 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 90-282. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 - Zoning, Article III -District and District Regulations, Division 8 -Heavy Commercial District, Section 90-282 Permitted uses 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. Ordinance No. 1130 -Page 3 of 7 Language to be added is underlined. Language to be deleted is sirusk4hroi*. (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet 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 11 of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90, ZONING, ARTICLE III -District Regulations, Division 10 -Industrial District, Section Ordinance No. 1130 - Page 4 of 7 Language to be added is underlined. Language to be deleted is 6#uok4hreu0. 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: (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. (0) 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 Ordinance No. 1130 - Page 5 of 7 Language to be added is underlined. Language to be deleted is stfask-4lxeugb. 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) M 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 51h day of January, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 -Page 6 of 7 Language to be added is underlined. Language to be deleted is skask-through. Barbershop, beauty shop, and nail 2 per service chair salon Hotel, motel 1 per bedroom, plus 5 spaces, plus accessoryuses 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. Auction house (indoor), or 1 per 3 seats in the area used for the storefront church with fixed seating auction, or in the assembly area used for worship. For pews, each 18 inches shall a ual one seat. Auction house (indoor), or 1 space for each 90 square feet of storefront church without fixed area used for the auction or assembly seating area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship 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) M 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 51h day of January, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 -Page 6 of 7 Language to be added is underlined. Language to be deleted is skask-through. PASSED AND ADOPTED after Second and Final Public Hearing this 1g1'day of Januarv, 2016. 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 sUusk ttxeugh. IoL Plannincy Manac-ei-nent Services, Inc. Exhibit 1 Jan 5, 2016 Memorandum To: Mayor and City Council From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Services, Inc. Date: December 28, 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 proposed ordinance associated with for the City -initiated text amendment 15 -005 -TA. The Planning Board, sitting as the LPA unanimously recommended approval at its last meeting. 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. 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 Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers. FL 33901 339-334-3366 www.larueplanning.com 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." 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 close 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. 2 Serving Florida Local Governments Since 1988 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 as a Special exception in the CHV District and as a Permitted use in the I (Industrial) District. 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 storage, 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 another place of assembly — storefront churches. Therefore, the term "auction house (indoor)" has simply been added to those parts of Sec. 90-512 dealing with the parking requirement for storefront churches. This also ties in with the method employed by the Fire Department in calculating allowable occupancy of an assembly area. 8. Corrections of typographical errors and misplaced references. These changes are self-explanatory in the proposed ordinance. Serving 171orida 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, INDOOR AUCTION 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 No. 1130 - Page 1 of 7 Language to be added is underlined. Language to be deleted is stwsk thfeugh. 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 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 Ordinance No. 1130 - Page 2 of 7 Language to be added is underlined. Language to be deleted is stFuGk t#Feugh. 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: (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 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 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 90-282. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 - Zoning, Article III -District and District Regulations, Division 8 -Heavy Commercial District, Section 90-282 Permitted uses 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. Ordinance No. 1130 - Page 3 of 7 Language to be added is underlined. Language to be deleted is 6tfuGk through. rA (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet 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 Language to be added is underlined. Language to be deleted is sUask through. Ordinance No. 1130 - Page 4 or 7 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: (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 specifically identified in this section. or 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 Ordinance No. 1130 - Page 5 of 7 Language to be added is underlined. Language to be deleted is stwk thFaugh. 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 ter► 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 0) (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 5`h day of January, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 - Page 6 of 7 Language to be added is underlined. Language to be deleted is strask through. Barbershop, beauty shop, and nail 2 per service chair salon Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses 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. Auction house (indoor), or 1 per 3 seats in the area used for the storefront church with fixed seating auction, or in the assembly area used for worship. For pews, each 18 inches shall equal one seat. Auction house (indoor), or 1 space for each 90 square feet of storefront church without fixed area used for the auction or assembly seating area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship 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 ter► 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 0) (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 5`h day of January, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 - Page 6 of 7 Language to be added is underlined. Language to be deleted is strask through. PASSED AND ADOPTED after Second and Final Public Hearing this 19`hday of January, 2016. 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 skask tbreugh. 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 ALCOHOLAND 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 No. 1130 - Page 1 of 7 Language to be added is underlined. Language to be deleted is struck thmugh. 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 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 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 Ordinance No. 1130 - Page 2 of 7 Language to be added is underlined. Language to be deleted is struokthrough. 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.- (1) istrict:(1) Professional office, business office, medical office. (2) Retail store, retail service. (3) Personal serviCEy (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 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 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 90-282. 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 90-282 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. Ordinance No. 1130 - Page 3 of 7 Language to be added is underlined. Language to be deleted is struskt#foug#. (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet 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 ollows: 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 Ordinance No. 1130 - Page 4 of 7 Language to be added is underlined. Language to be deleted is Vis. 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: (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 11 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 specifically identified in this section. or 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 Ordinance No. 1130 - Page 5 of 7 Language to be added is underlined. Language to be deleted is fie. 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 12015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 - Page 6 of 7 Language to be added is underlined. Language to be deleted is struck through. Barbershop, beauty shop, and nail 2 per service chair salon Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses 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 dis la. 1 per 3 seats storefront church with fixed seating in the assembly area used for worship. For pews, each 18 inches shall equal one seat. 1 space for each 90 s uare feet of storefront church without fixed or assembly seating 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. 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 12015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 - Page 6 of 7 Language to be added is underlined. Language to be deleted is struck through. 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 stFuGk through. Melisa Jahner From: Bill Brisson <bill@larueplanning.com> Sent: Friday, November 20, 2015 3:42 PM To: 'Patty Burnette' Cc: 'Melina Jahner'; 'Gloria Pellito' Subject: Ordinance for 15 -005 -TA, revised per LPA meeting on 11-19-2015 Attachments: Draft Ord. for 15 -005 -TA ,per LPA Mtng 11-19-2015.doc Patty, Attached is the above referenced draft ordinance. I think this is to go before the City Council for 1St reading on December 15th. Let me know if this is correct. Hope everyone has a very nice Thanksgiving. 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 1 (,T-l.r ►i►) DRAFT, Per LPA meeting, 11-20-15 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 TO 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 (8 DRUG REHABILITATION CENTER/DETOX CENTER AND RECOVERY CENTER/SOBER HOME WITHINTHE 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 apo' USES AND SECTION 90-283 TO INCLUDE ALCOHOL D DRUG REHABILITATION CENTER/DETOX CENTER, INDOOR AUCTION, ? CONVENIENCE STORE WITH FUEL PUMPS, RETAIL POOL SUPPLIES *CV1 . 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& EQUIPMENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INLCUDING 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 AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WP1CRE7;S, 41,W C 11\./ OO�inei f d�� he C'� (d(C�t 'C D 'C` s 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 Language to be added is underlined Language to be deleted is struGk throtigh Ordinance No. 15-?? Page 1 of 7 DRAFT, Per LPA meeting, 11-20-15 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 k,-�U AGS In� 0.5- n� Zocod WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently pjapr,t'n� R c�eney� reviewed the Code of Ordinances and Land Develop mentRegulations t_o_detemline areas of improvement; has discussed same at public meetings; and has recommended certain changes, amendments or modifications to the code to present to the City Council -'for ordinance adoption; and -- - (1� tsstn� Q. para9ra.ph 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 Co Officer for the City: J1ECTICN d : Section 1. -Amend rreP i- o-nd.. Actop+,�n 40 30A'0n 106-I. That the City Council for the City of Okeechobee, Florida amends herein Part 11 of the Code of Ordinance, Subpart B -Land Development Regulations, Chapter 66 - General Provisions, Section 66-1 to include•,the following definition: Youth center means a social and recreational center providing supervision and opportunities for Vouth to develop their physical, social, emotional, and cognitive abilities and to experience achievement, leadership, enjoyment, friendship and recognition. TheV typically offer organized instructional programs for phVsical activities, academic and arts programs as well as opportunities for unstructured activities such as game playing, socializing, club meetings and outdoor play. SEC,—,,d � * Section 2. An-erdno anti AdoP4-ion Io -Sec-,'an 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, Small cups ZONING, ARTICLE III -District Regulations, Division 5 -Residential Multiple Family m�<�i n� District, Section 90-193 Specintal exception rises to expand the list of uses to include Youth center and Recovery center/sober home, as follows: The. fat(a�+ Sec. 90-193. Special exception uses ... (14) Youth center (115) Recovery center/sober home Language to be added is underlined Language to be deleted is r+.�trur.;c-tbreugh Ordinance No. 15-?? Page 2 of 7 DRAFT, Per LPA meeting, 11-20-15 SECT, C)I 3: I\WrnL n(jt� o_ncL ACI.-Opft.6r+o Sec46,n Q0-a.5.Q Section3. 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 7 -Light Commercial District, Section 90-252 Permitted uses to expand the list of uses to include9Convenience store, as follows: _ cr^" k d W)Y`' ��z_. `s"�`` ; c �01 lou) `�J P'"', sec.�90-2521 2. -Permitted ted Uses, .�. (6) Convenience store A SCCnoo Ll f h 5 Section 4 .-ANvrdmen-t- and Adop1,1,n 4, Sedl6n°�(�ra'���,� two r o LI -IP 0 That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III-District;Regulations,'Division 7 -Light Commercial District, 90-253 Special exception uses to expand the list of uses to include _Alcohol &`drug rehabilitation center/detox center, and Recovery center/sober home, as follows: fD I tow;� 'q w".ts Sec. 90-253. Special exception uses, ... (20) Alcohol & drug rehabilitation center/detox center (21) Recovery center/sober home Section-5: A men1 rY i -)r GL��_C� A-- o p+ion -i o Se. efion 516 2 9�Z 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�Rpgulations, 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: Sec. 90-282. Permitted Uses, ... r} f - 16 Convenience store Indoor auction house. 3urnD�. i Sec•ho,i Qo- a.83. -Secfion-6: Me n t e v�-� nd, ado p � 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, Language to be added is underlined Language to be deleted is struGk thrGugh Ordinance No. 15-?? Page 3 of 7 DRAFT, Per LPA meeting, 11-20-15 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, wter treatment services, and pst control (all including storage of chemicals for use and/or retail sale), to read as follows: Sec. 90-283 Special exception uses, ... (23) Alcohol and drug rehabilitation center/detox center. (24) Convenience store with fuel pumps. (25) Retail pool supplies and equipment, water treatment services and pest control (all including storage of chemicals for use and/or retail sale '' ° r .t�i►vtf►�-{-6c v�rl Pde)p-hon -]o � ��✓? Section 7. 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). Sec. 90-342 Permitted uses, ... (30) Retail pool supplies and equipment, water treatment services and pest control (all including storage of chemicals for use and/or retail sale). SECRor,�Yo Arn(_rJrjLr4 0n6L P,-cLopf_.t_on i-0 Seotion-8. 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: Language to be added is underlined Language to be deleted is struGk through Ordinance No. 15-?? Page 4 of 7 DRAFT, Per LPA meeting, 11-20-15 (2) Commercial uses Shopping center, Rretail store, retail service, 1 per 300 square feet of and personal service, or floor service area, except as may otherwise be specifically identified in this section. Auction house (indoor) or storefront church, with fixed seating 1 per 3 seats in the area used for the auction, or in the assembly area used for worship. For pews, each 18 inches shall equal one seat. Auction house (indoor), or storefront church, without fixed seating 1 space for each 90 square feet of area used for the auction or assembly area used for worship, up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship in excess of 1,470 square feet. Barber shop, beauty shop, and nail salon 2 per service chair Str'-T )�rYtr�clrv�U1� CLn.G�, �C�Op; ion (o -)OfIs01C).- 105(k" ctn� cfp_s� Section 9. That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinances, Subpart 13 -1 -and 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: ... Language to be added is underlined Language to be deleted is struGk thrGugh Ordinance No. 15-?? Page 5 of 7 DRAFT, Per LPA meeting, 11-20-15 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 W c.� S5C'n M Section 1U Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2015 James E. Kirk, Mayor Language to be added is underlined Language to be deleted is struralk throuo Ordinance No. 15-?? Page 6 of 7 DRAFT, Per LPA meeting, 11-20-15 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struGk thrGwjh Ordinance No. 15-?? Page 7 of 7 NOVEMBER 19, 2015 - PLANNING BOARD - PAGE 2 OF 5 II AGENDA III ACTION - DISCUSSION -VOTE II V. PUBLIC HEARING CONTINUED. 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). Hear from Planning Staff. Text Amendment, Application No. 15 -005 -TA is a City initiated amendment to the Land Development Regulation's (LDR's) which would add a definition for youth center as well as amend Residential Multiple Family (RMF), Light Commercial (CLT), Heavy Commercial (CHV), and Industrial (IND) Permitted and Special Exception Uses Sections 90-193, 90-252, 90-253, 90-282, 90-283, and 90-342, Section 90-512 to add minimum parking requirements for indoor auction houses, nail salon, retail service, and personal service and Sections 90-105 and 90-572 to correct a typographical error and an incorrect reference respectively. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who reviewed his memorandum dated October 30, 2015.The reason for a youth center definition was due to inquiries for this type of facility. A youth center could be recognized as a community center although the special requirement for a community center would severely limit the opportunities for a smaller scale use. The Planning Staffs interpretation of a community center is a use associated with a residential or mobile home subdivision or larger multi -family area. Youth centers should not be confused with an arcade. Additionally, a youth center is proposed as a special exception use in the RMF District. The proposed amendment includes adding recovery center/soberhome, convenience store, indoor auction house, alcohol and drug rehabilitation center/detox center, convenience store with fuel pumps either as permitted or special exception uses in the RMF, CLT, CHV and IND Zoning Districts. Definitions for these uses were adopted in February, although at that time it was not identified where the uses should be allowed. Recovery center/sober home will be allowed in the RMF and CLT Districts as special exception uses, convenience store as a permitted use in the CLT and CHV Districts, indoor auction house as a permitted use in the CHV District, alcohol and drug rehabilitation center/detox center as a special exception use in the CLT and CHV Districts, and convenience store with fuel pumps as a special exception use in the CHV District. Retail pool supplies and equipment, water treatment services and pest control, all including storage of chemicals for use and/or retail sale are proposed to be permitted in the CHV and IND Districts. The storage of the chemicals on site should be limited to use on the premises or for retail sale directly to the consumer. Bulk storage would not be permitted for resale directly to distributors or retail dealers. Many of the proposed uses fall within parking standards that have been provided for in the City LDR's. However, some specific parking requirements or clarifications of existing requirements are needed. In the past, there has been confusion in how to treat retail service and personal service. The parking requirements would be the same unless the service provided relied on stations, chairs or beds such as barber shops, beauty shops and nail salons. "Except as may otherwise be specifically identified in this section" should be added to Section 90-512. Nail salon has been added to the parking fr NOVEMBER 19, 2015 - PLANNING BOARD - PAGE 3 OF 5 II AGENDA III ACTION - DISCUSSION - VOTE II V. PUBLIC HEARING CONTINUED. A. 1. Hear from Planning Staff on Application No. 15 -005 -TA continued. 2. Hear from the City Staff. 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. standard with barber and beauty shops. Indoor auction house will have the same parking requirement as other places of assembly; specifically storefront churches. This also ties into the method of calculation used by the Fire Department. Member Baughman inquired as to whom would regulate the storage of chemicals for the retail pool supplies and equipment. Administrator Montes De Oca replied the Fire Department, commenting further Staff recently attended a meeting with representatives from Homeland Security, the Department of Environmental Protection and the Environmental Protection Agency, with the discussion centering on facilities in the City with bulk storage of chemicals. All of their chemicals are listed on their permits with these agencies. IIChairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application. There were none. Motion and second by Board Members Baughman and McCoy to recommend the City Council approve LDR Text Amendment Application No. 15 -005 -TA as presented by Planning Staff as follows: Add to Section 66-1, Definitions, 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. Add youth center as a special exception use in the RMF District; recovery center/sober home as a special exception use in the RMF and CLT Districts; convenience store as a permitted use in the CLT and CHV Districts; indoor auction house as a permitted use in the CHV District; alcohol and drug rehabilitation center/detox center as a special exception use in the CLT and CHV Districts; convenience store with fuel pumps as a special exception use in the CHV District; retail pool supplies and equipment, water treatment services and pest control, all including storage of chemicals for use and/or retail sale as permitted uses in the CHV and IND Districts. The storage of the chemicals on site should be limited to use on the premises or for retail sale directly to the consumer. Bulk storage would not be permitted for resale directly to distributors or retail dealers. VA NOVEMBER 19, 2015 - PLANNING BOARD - PAGE 4 OF 5 AGENDA ACTION - DISCUSSION - VOTE V. PUBLIC HEARING CONTINUED. III A. 5. a) Consider a motion for recommendation to the City Council to approve or deny Application 15 -005 -TA continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. Amend off-street parking and loading, Section 90 -512 -space regulations, subsection (2) Commercial uses, to include minimum parking for indoor auction houses with and without fixed seating by combining these regulations with those Of storefront church instead of being separate, nail salon, retail service and personal service. Amend Section 90-105 (b) minimum yard requirements typographical error; and section 90-572 (a) (3) correcting the reference from "a" to 1". 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 - YEA KEEFE - NIA O'BRIEN - NIA MOTION CARRIED. The recommendation will be forwarded and heard before the City Council fora Final Public Hearing on January 19, 2016 (tentatively). I CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:22 P.M. Chairperson Hooveropened the floorto discuss whether there were any additional requests for amendments to the City's LDR's. There being none, she offered her concerns with the lack of parking at several older buildings. Some of these buildings are now vacant and there is no parking due to the expansion of State roadway projects. Administrator Montes De Oca replied there is limited parking for buildings built many years ago, and some due to the type of use changing from its original purposes. Member Baughman suggested the City develop centralized parking in the downtown area to assist the older businesses, using Pizza Heaven as an example. Planner Brisson advised the Board to offer him some alternatives and the issue could then be brought up at a future meeting for recommendation to the City Council. No official action was taken at this time. Memorandum Exhibit 1 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 close 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 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. �71r,.�,:l,�r - 3 Serving Florida Local Governments Since 1988 4 W WIM 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,�v; _ 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 1,5 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 discosln,, rebate, commission or refund for the purpo5t! 6 securing this advertisement for publication in 'LhQ said newspaper. )a�gs='G— Katrina Elsken Sworn to and subscribed bre me this day of e C/t/dQ;S� AD Notary Public, State of Florida at Large i ANGIE BRIDGES :* + MY COMMISSION N EE 1fl653 ? • " EXPIRES: April 20, 2016 Bonded Thr= Notary Public Undenxriters Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 - PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT iT1C ,VIS, HEREBY GIVEN that a PUBLIC HEARING will be held before Otynf Okeechobee Plan e+ng Board, meeting as the Loral Planning •ntY oh'�u Nov 19, 2015 8 PM, or as soon thereafter as possible, at Hall,'S65'St'3rd Ave, Rm 2tf0, Okeechobee, PL, to Consider and receive it on Faction No. 15 -005 -TA which pro ppooses to amend the Code of Om, ices Subpart B -land Development Regulatbns as follows: I a dentition for Youth Center; Add youth carter and recovery center/so- home as special excepton uses In the Residential Multiple -Family Zon- District; Add convenience store as a permitted use and add alcohol and A rehabi�Bon center/detox center, and recovery center(sober home as Gal exception uses h the LL t ConurremJal Zoning DIstr M Add conven- >e score and Indoor auction house as permitted uses and add alcohol and rehabilitation center/detox center, convenience store wAh fuel tamps, aipodcsupplles and equipment, water treatment! and pest con- �tion usa h Heav Cprn,erdal ZoNng/or retail as special DtQrict; Add )91"(1V eta1 pod =and eequipment, water treatment services, and pest control (a! in- IrdustriaT Zonf it chemicals Disdict; and addmvllmum sale as preequirr requirements fses or or auction houses with and without fixed seating, nail salon, retail ser - and personal service. amendments maayy be reviewed at the address above duhg ar mess hours, Mon -Fd, 8 AM -4:30 PM, except for holidays. The lc Is encouraged to attend. Plannirg Board will Issue a recommendation on Application No. 15-005- hat will be forwarded m the City Council for consideration at PuMk irgs, attentively scheduled for December 15, 2015, and January 5, ANY PERSON DECIDING TO APPEAL arty decision rltatle by the Planob Board with respect to any matter considered a[ 01is gieebng will need to e sure a verbatim record of the proceeding B made and the record krdud the tPStl and evidence Upas whicti fM meal will be based. In am dance withe America wth DlsabAit.Act (qpA), arty person wp}3 disability as defined by the ADA, that needs accommodation W v"a ticipate In this proceeding, Tntj the Genre Services O ^„ R no WW thi bays prat t0 pruie ,'^, BE ADVISED that should you Intend to show any document. picture, Ndr or Berra to the Planning Board In support or opposition to any Item on If agenda; a copy of the document, picore video, or Item must be provkh to the Board Secretary for the C4 records. By: Zoning Administrator Marcos Mantes De Oca, petition No. 15 -005 -TA AN4DEPENDENT 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 r ° in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 11/1, 8/0l,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 discos -1-1, rebate, commission or refund for the purpt?.sP 61' securing this advertisement for publication in tl,v -,aid newspaper. Katrina Elsken Sworn to andsubscribed bpfnre me this i day of P/t/G SAD Notary Public, State of Florida at Large ANGIEBRIDGES MY COMMISSION It EE 177653 EXPIRES: April 20, 2016 of F Bonded Thfu Notary Public Underwriters P �J Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT REBY GIVEN that a PUBLIC HEARING will be held echobee Planningg Board, meeting as the Local f Nov 19, 20I" 6 PM, or as soon thereafter as pos! 3rd Ave, Rm 200, Okeechobee, FL, to consider and No. 15 -005 -TA which proposes td amend the Code i I -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-rantlly 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 centerJdetox 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 Commercial Zoning District; Add retail pool supplies and equipment, water treatment services, and pest control (all in- cluding srorage of chemicals for use andJor 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 to the. City Council 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 rgeebng 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 tp Y _ dcipate in this proceeding, contact the General Services OfftG no later than 6,,,s prior to priiic2 ,,,"; S2 -,G3 -3V2. 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 Cily records. Marcos Montes De Oca, Petition No. 15 -005 -TA 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�a newszap.com From: Melisa Jahner, Deputy Clerk, miahner `yofokeechobee.com Ad Type: Legal Publish On: Sun 11/1/15 andProof of Affidavit(s): 1 Amount: Sun 11/8/15 Proofed By: Authorized By: Date: Email Date/Time: Ad/Order # Amount: Proofed By: Date to Finance: Draw #: 2 7O #: 3997 Check #: 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, Nov 19, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input on Petition No. 15 -005 -TA which proposes to amend the Code of Ordinances Subpart B -Land Development Regulations as follows: Add a definition for Youth Center; Add youth center and recovery center/sober home as special exception uses in the Residential Multiple -Family Zoning 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 convenience 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 control (all including storage of chemicals for use and/or retail sale) as special exception uses in the Heavy Commercial Zoning District; Add retail pool supplies and equipment, water treatment services, and pest control (all including 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 service, and personal service. The proposed amendments may be reviewed at the address above during regular business hours, Morn -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 to the City Council 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 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: Zoning Administrator Marcos Montes De Oca, Petition No. 15 -005 -TA a Okeechobee News WqWIM 107 SW 17th Street, Suite D ANDEPENDENT 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 ajtt ched copy of advertisement being a %j M� 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 f 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 b o e me this 13day day of AD Notary Public, State of Florida at Large -:011" k- ANGIE BRIDGES *• += MY COMMISSION # EE 177653 ` BorbeIXPIRES: Apd[ 20, 2016 Pf;h• Thtu Notary Publk Underwriters CITY PLANNINGPUC/ASTNNOTICE D)UBOARD MEETING RCE IS HEREBY GIVEN that the Oty of Okeechobee Plannin rd/Board of Ad)ushnent (P./' A) will conduct a regular meetlng of Nov 19; 2015 at 6 PM or as soon thereafter as passible, at Gt 55 SE 3rd Ave, Rm 200, Okeechobee �, The public is Invited and en aged to attend. The agenda may be obtained from dryofokeecho com or by calling he General Services Office, 863-763-3372 x218. PERSON DECIDING TO APPEAL any decision made by the PB/BOA respect I any matter considered at this meeting will need to ensure a rtlm ,eco d of the proceeding is made and the record includes the testi- , and eNdence upon which the ap al will be based. In accordance the Americans with Dtubilities Act rgOA), any pNsedwith a disability ned by the ADA, that needs special accommodation to participate in day' dior contact the General Services Office no later than two busi- days prior to proceeding, 863-763-3372. ne ADVISED that should you in�nd to show any documer or items to the PB/BOA in support or opposition to any item a copy of the document Picture, video, or Item must be. Board Seaetary for the Oty rs records. NOVEMBER 19, 2015 - PLANNING BOARD - PAGE 2 OF 5 SS If AGENDA AftON - DISCUSSION. VOTE II V. PUBLIC HEARING CONTINUED. 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). Hear from Planning Staff. Text Amendment, Application No. 15 -005 -TA is a City initiated amendment to the Land Development Regulation's (LDR's) which would add a definition for youth center as well as amend Residential Multiple Family (RMF), Light Commercial (CLT), Heavy Commercial (CHV), and Industrial (IND) Permitted and Special Exception Uses Sections 90-193, 90-252, 90-253, 90-282, 90-283, and 90-342, Section 90-512 to add minimum parking requirements for indoor auction houses, nail salon, retail service, and personal service and Sections 90-105 and 90-572 to correct a typographical error and an incorrect reference respectively Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who reviewed his memorandum dated October 30, 2015.The reason for a youth center definition was due to inquiries for this type of facility. A youth center could be recognized as a community center although the special requirement for a community center would severely limit the opportunities for a smaller scale use. The Planning Staff's interpretation of a community center is a use associated with a residential or mobile home subdivision or larger multi -family area. Youth centers should not be confused with an arcade. Additionally, a youth center is proposed as a special exception use in the RMF District. The proposed amendment includes adding recovery center/sober home, convenience store, indoor auction house, alcohol and drug rehabilitation center/detox center, convenience store with fuel pumps either as permitted or special exception uses in the RMF, CLT, CHV and IND Zoning Districts. Definitions for these uses were adopted in February, although at that time it was not identified where the uses should be allowed. Recovery center/sober home will be allowed in the RMF and CLT Districts as special exception uses, convenience store as a permitted use in the CLT and CHV Districts, indoor auction house as a permitted use in the CHV District, alcohol and drug rehabilitation center/detox center as a special exception use in the CLT and CHV Districts, and convenience store with fuel pumps as a special exception use in the CHV District. Retail pool supplies and equipment, water treatment services and pest control, all including storage of chemicals for use and/or retail sale are proposed to be permitted in the CHV and IND Districts. The storage of the chemicals on site should be limited to use on the premises or for retail sale directly to the consumer. Bulk storage would not be permitted for resale directly to distributors or retail dealers. Many of the proposed uses fall within parking standards that have been provided for in the City LDR's. However, some specific parking requirements or clarifications of existing requirements are needed. In the past, there has been confusion in how to treat retail service and personal service. The parking requirements would be the same unless the service provided relied on stations, chairs or beds such as barber shops, beauty shops and nail salons. "Except as may otherwise be specifically identified in this section" should be added to Section 90-512. Nail salon has been added to the parking 5 (0 NOVEMBER 19, 2015 - PLANNING BOARD - PAGE 3 OF 5 , I F7 ACitOIV - DltCUSS(6A1 VQi V. PUBLIC HEARING CONTINUED. A. 1. Hear from Planning Staff on Application No. 15 -005 -TA continued. 2. Hear from the City Staff. 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. IIstandard with barber and beauty shops. Indoor auction house will have the same parking requirement as other places of assembly; specifically storefront churches. This also ties into the method of calculation used by the Fire Department. Member Baughman inquired as to whom would regulate the storage of chemicals for the retail pool supplies and equipment. Administrator Montes De Oca replied the Fire Department, commenting further Staff recently attended a meeting with representatives from Homeland Security, the Department of Environmental Protection and the Environmental Protection Agency, with the discussion centering on facilities in the City with bulk storage of chemicals. All of their chemicals are listed on their permits with these agencies. IIChairperson Hoover asked whether there were any comments orquestions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application. There were none. Motion and second by Board Members Baughman and McCoy to recommend the City Council approve LDR Text Amendment Application No. 15 -005 -TA as presented by Planning Staff as follows: Add to Section 66-1, Definitions, 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. Add youth center as a special exception use in the RMF District; recovery center/sober home as a special exception use in the RMF and CLT Districts; convenience store as a permitted use in the CLT and CHV Districts; indoor auction house as a permitted use in the CHV District; alcohol and drug rehabilitation center/detox center as a special exception use in the CLT and CHV Districts; convenience store with fuel pumps as a special exception use in the CHV District; retail pool supplies and equipment, water treatment services and pest control, all including storage of chemicals for use and/or retail sale as permitted uses in the CHV and IND Districts. The storage of the chemicals on site should be limited to use on the premises or for retail sale directly to the consumer. Bulk storage would not be permitted for resale directly to distributors or retail dealers. NOVEMBER 19, 2015 - PLANNING BOARD - PAGE 4 OF 5 F- AGENDA III ACTION '- DISCUSSION VOTE _ _ II V. PUBLIC HEARING CONTINUED, A. 5. a) Consider a motion for recommendation to the City Council to approve or deny Application 15 -005 -TA continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. Amend off-street parking and loading, Section 90 -512 -space regulations, subsection (2) Commercial uses, to include' minimum parking for indoor auction houses with and without fixed seating by combining these regulations with those of storefront church instead of being separate, nail salon, retail service and personal service. Amend Section 90-105 (b) minimum yard requirements typographical error; and section 90-572 (a) (3) correcting the reference from "a" to 1". 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 - YEA KEEFE - NIA O'BRIEN - NIA MOTION CARRIED. The recommendation will be forwarded and heard before the City Council for a Final Public Hearing on January 19, 2016 (tentatively). CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:22 P.M. Chairperson Hoover opened the floor to discuss whether there were any additional requests for amendments to the City's LDR's. There being none, she offered her concerns with the lack of parking at several older buildings. Some of these buildings are now vacant and there is no parking due to the expansion of State roadway projects. Administrator Montes De Oca replied there is limited parking for buildings built many years ago, and some due to the type of use changing from its original purposes. Member Baughman suggested the City develop centralized parking in the downtown area to assist the older businesses, using Pizza Heaven as an example. Planner Brisson advised the Board to offer him some alternatives and the issue could then be brought up at a future meeting for recommendation to the City Council. No official action was taken at this time. S7 4bDEPENDENT-ftw NBINSIHEDIA 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 �Q6C �1AI�Lr�, in the matter of 41kL k 4/71 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 spbscribed be re me this P 2,M day of I yUg,( ,i a O �AD Notary Public, State of Florida at Large ANnIE Sf�.- S MY COAMLSSY.W 17765)NGIAp4016,-, nbn Okeechobee News Nord 107 SW 17th Street, Suite D Okeechobee, Florida 34974 E� obi 863-763-3134 N1 u(4 "`FY NOTICE OF PROPOSED LAND DEVELOPMENT REGULATION TEXT AMENDMENTS PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on Tues, Janu ary 5, 2016, at &00 PM, or as soon thereafter possible, a1 City Hall, 55 SE 3rd Ave, Okeechobee. FL, conduct a Public Hearing to consider First Reading for proposed Ordirance into law. No 1'30AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF OR- DINANCES, 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 DIS- TRICT REGULATIONS, SPECIFICALLY: DIVISION 5 -RESIDENTIAL MULTI- PLE -FAMILY DISTRICT SECTION 90-193, TO INCLUDE YOUTH CENTER AND RECOVERY CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL EXCEP- TION 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 CEl AND RECOVERY CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 8 -HEAVY COMMERCIAL DISTRICT SECTION 0-282, TO INCLUDE CONVENIENCE STORE AND IN- DOOR AUCTION HOUSE WITHIN THE LIST OF PERMITTED USES AND SEC- TION 90-283, TO INCLUDE ALCOHOL AND DRUG REHABILITATION CEN- TER/DETOX CENTER, INDOOR AUCTION, ONVENIENCE 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; PROVID- ING FOR AMENDMENTS TO CHAPTER 90 -ZONING, ARTICLE IV SUPPLE- MENTARY 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 TYPOGRAPH- ICAL ERROR AND INCORRECT REFERENCE, RESPECTIVELY; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EF- FECTIVE DATE. The proposed amendment may be viewed on the website, cityofokeechobeawm, 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 All need to erasure 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 accom- modation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the docu- ment, picture, video, or item MUST be provided to the City Clerk for the City s records. Published by: Lane Gemiotea, CMC, City Cleric 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 .4 zu� fiL4Z.ev 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 / d V3n/ /Is- Affiant s 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 be re me this S U day of _ - 0/ AD Notary Public, State of Florida at Large ;Wo Y$; : ANC,IE BRIDGES .: .= MY COMMISSION a EE 177653 EXPIRES: April 20, 2016 Bonded Thio Notary Public Underwriters Now Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-31.34 J o, -,as, Zof ip rqe," t\P& ua F�-& CDP' PUBLIC NOTICE . CITY COUNCIL MEETING nuru� Its NERE6Y GIVEN that Gee CI y Council for the C ty of Okeecho- bee wiA conduct a regular meeting o Tues, lan S, 2015, 6 PM, or as soon•'thereaRer as possible, at Gty Hall, 55 SE 3rd Ave, i7rn 2lb, Okeecho- beeNL Tice pubbc is invited and encouraged to attend. The agenda may e obtained from cdyofokeechobee.com or by caning the Office of the City Administrator, 863-763-3372 x212. ANY PERSON DECIDING TO APPEAL arty decision made by the lily Council wtth respect to any matter mrddered a[.this meeting will need to he a verbatkn retard of the proceeding h made and the record includes the teswith and evidence upon which the appeal wfl be based. In accor- dance with the Arneriyns vdt1, D sab lilies Act (ADA), any person with a d6abiitty as defined by the ADA, that needs special acconanodation to par- tiUpate in this proceeding, contact the City Gerk's Oftke no tater than tvro busines days prior to proceeding, 863-763-3372. 0E ADVISED that should you Intend to show any document, picture, video a copy Council in wpport or oppgsitlon to any Ibtm on the agenda; :Ay Clerk fix t wire, video, or Item MUST be pr%*W to the GtyY records. 4q AGENDA VI. OPEN PUBLIC HEARING TO CONSIDER LDR TEXT AMENDMENTS - Mayor A.1.a) Motion to read proposed Ordinance No. 1130 by title only, and set January 19, 2016, as a final public hearing date, regarding Land Development Regulation Text Amendments, Application No. 15 -005 -TA — City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1130 by title only .JANUARY 5, 2016 - REGULAR MEETING - PAGE 2 OF 5 COUNCIL ACTION -DISCUSSION — VOTE MAYOR KIRK OPENED THE PUBLIC HEARING ON LDR TEXT AMENDMENTS AT 6:08 P.M. Council Member Chandler moved to read proposed Ordinance No. 1130 by title only, and set January 19, 2016, as a final Public Hearing date, regarding Land Development Regulation (LDR) Text Amendments, Application No. 15 -005 -TA; seconded by Council Member Watford. VOTE: KIRK -YEA CHANDLER -YEA O'CONNOR-YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1130 by title only as follows: "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 901ONING, ARTICLE Ill -DISTRICT AND DISTRICT REGULATIONS, SPECIFICALLY: DIVISION 5 -RESIDENTIAL MULTIPLE -FAMILY DISTRICT SECTION 90-193, TO INCLUDE YOUTH CENTER AND RECOVERY CENTERISOBER 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 CENTERIDETOX CENTER, INDOOR AUCTION 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 SERVICEAND 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." VI. LDR PUBLIC HEARING CONTINUED A.2.a) Motion to approve the first reading of proposed Ordinance No. 1130 b) Public comments and discussion. c) Vote on motion. JANUARY 5, 2016 -REGULAR MEETING -PAGE 30F 5 7 Motion and second by Council Members Chandler and O'Connor to approve the first reading of proposed Ordinance No. 1130. Mayor Kirk yielded the floor to City Planning Consultant, Mr. Bill Brisson of LaRue Planning and Management to review the City initiated proposed amendments as well as the recommendation of approval by the Planning Board. A Youth Center definition is being added. The use of a youth center as well as a Recovery Center and/or Sober Home use are being provided for as Special Exceptions within Residential Multiple Family Zoning. Light Commercial Permitted Uses would be expanded from the existing six listed to add Convenience Store; and the Special Exception Uses list of 19 will now include Alcohol and Drug Rehabilitation Centers and/or Detox Centers, and Recovery Centers and/or Sober Homes. Heavy Commercial Permitted Uses will provide two new uses to their existing 15 by adding Convenience Store and Indoor Auction House; the Special Exception Uses of 22 will add five more to provide for Alcohol and Drug Rehabilitation Centers and/or Detox Centers, Convenience Store with Fuel Pumps, Retail Pool Supplies and Equipment, Water Treatment Services, and Pest Control (including storage of chemicals for use and/or retail sales for the last three listed). Industrial Permitted Uses would be expanded from 29 to 32 by adding Retail Pool Supplies and Equipment, Water Treatment Services, and Pest Control (including storage of chemicals for use and/or retail sales for each). Commercial Off-street Parking and Loading Regulations will expand the criteria to include retail and personal service, nail salon, and indoor auction house. Council Members Watford and Ritter asked whether any existing, established business would have to meet these new requirements, or would this impact them in any way? Planner Brisson replied no, they would be grandfathered in since they are in operation at the time of the amendment. Council Member Chandler followed-up by asking whether that also applied should they sell the business or change names, or would that cause them to have to meet these new requirements? Planner Brisson answered normally no, they are operating as a use that's permitted when these went into effect and would be grandfathered in. No additional questions or discussion was offered. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE: KIRK - YEA CHANDLER -YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor I MAYOR KIRK CLOSED THE PUBLIC HEARING ON LDR TEXT AMENDMENTS AT 6:16 P.M. Planninb •.• & Management Services, Inc. Memorandum To: Mayor and City Council From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Services, Inc. Date: December 28, 2015 Subject: Explanation of changes proposed in 15 -005 -TA Exhibit 1 Jan 5, 2016 The following provides explanations for each of the proposed changes to the LDRs contained in the proposed ordinance associated with for the City -initiated text amendment 15 -005 -TA. The Planning Board, sitting as the LPA unanimously recommended approval at its last meeting. 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 centerlsober home means a facility, used by addicts recovering from substance abuse, which serves as an interim environment between rehabilitation and a return to their former lives. These facilities provide a Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Font Myers, Fl, 33901 339-334-3366 www.larueplanning.com `r' �Nw 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." 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 close proximity to bars and lounges which are most likely to be located in the CHV District. 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. ML 2 lot Serving Horida Local Governments Since 1988 %W v.r' 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 as a Special exception in the CHV District and as a Permitted use in the I (Industrial) District. 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 storage, which is storage for resale to distributors or retail dealers. 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 another place of assembly — storefront churches. Therefore, the term "auction house (indoor)" has simply been added to those parts of Sec. 90-512 dealing with the parking requirement for storefront churches. This also ties in with the method employed by the Fire Department in calculating allowable occupancy of an assembly area. 8. Corrections of typographical errors and misplaced references. These changes are self-explanatory in the proposed ordinance. r a 1j �rF 3 Serving Florida Loral Governments Since 1988 W 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, INDOOR AUCTION 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 Language to be added is underlined. Ordinance No. 1130- Page 1 of 7 Language to be deleted is struck through. NW ..r 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 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 Ordinance No. 1130 - Page 2 of 7 Language to be added is underlined. Language to be deleted is stFUGk tkugagh. %W 'rl/ 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: (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 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 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 90-282. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 - Zoning, Article III -District and District Regulations, Division 8 -Heavy Commercial District, Section 90-282 Permitted uses 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. Ordinance No. 1130 - Page 3 of 7 Language to be added is underlined. Language to be deleted is Muck through. 14W VOW (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet 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 Ordinance No. 1130 - Page 4 of 7 Language to be added is underlined. Language to be deleted is &WGk4w4t h. � r► 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: (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 specificallv identified in this section. or 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 Ordinance No. 1130 - Page 5 of 7 Language to be added is underlined. Language to be deleted is st w*4hreagh. *0W 140W 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 ern 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 0) M 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 5`h day of January, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 - Page 6 of 7 Language to be added is underlined. Language to be deleted is struck Uxeugk�. Barbershop, beauty shop, and nail 2 per service chair salon Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses 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. Auction house (indoor), or 1 per 3 seats in the area used for the storefront church with fixed seating auction, or in the assembly area used for worship. For pews, each 18 inches shall equal one seat. _ Auction house (indoor), or 1 space for each 90 square feet of storefront church without fixed area used for the auction or assembly seating area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship 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 ern 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 0) M 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 5`h day of January, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 - Page 6 of 7 Language to be added is underlined. Language to be deleted is struck Uxeugk�. PASSED AND ADOPTED after Second and Final Public Hearing this 1 91 day of January, 2016, 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. NOW Full'i'li/I Okeechobee News IINDEPENDENT 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 NEINSMEDIA INC. VSA NOTICE OF PROPOSED LAND DEVEL.OPMENI REGULATION TEXT AMENDMENTS 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 ��6ry IYIac� 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, F!orida, 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 advertis ment for publication in the said newspaper. Katrina Elsken Sworn to and subscribed bfore me this (�E�c day of aU t �° AD Notary Public, State of Florida at Large j uuaEeaocs i'f wcoMas9or+1EE �TI6S3 ocpnEs: rpr zo. zoie era nw h,v,omk uro.,� PUBLIC NOTICE: the City Council df the City of Okeechobee, FL, will on Tues, January 19, 2016, at 6:00 PM, or Is soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider R - nal Reading for proposed Ordinance into law: No. 1130: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART If OF THE CODE OF ORDINANCES, SUBPARTB-LAND DEVELOP- MENT REGULATIONS; PROVIDING FOR AMENDMENTS CHAPTER 66 -GEN- ERAL 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: DIVI- SION 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 ALCO- HOL AND DRUG REHABILITATION CENTER/DETOX CENTER AND RECOVERY CENTER/SOBER HOME WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION B -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 CENTEKIDETOX CENTER, INDOOR AUCTION, CON- VENIENCE STORE WITH FUEL PUIAPS, RETAIL POOL SUPPLIES AND EQUIP- MENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INCLUD- ING STORAGE OF CHEMICALS FOR USE AND/OR RETAIL SALE) WITHIN THE LIST OF SPECIAL EXCEPTION USES; DIVISION 104NDUSTRIAL 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, DI- VISION 3, OFF-STREET PARKING AND LOADING, SECTION 90 -512 -SPACE REGULATIONS, SUBSECTION (2) COMMERCIAL USES, TO INCLUDE MINI- MUM 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 REFER- ENCE, RESPECTIVELY; PROVIDING FOR CONFLICTS, PROVIDING FOR SEV- ERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The proposed amendment ay be viewed on the website, cityofokeechobee. corn, or at the Office of the ity Clerk, during normal business hours, Mon -Fri, 8 AM -4:30 PM, at the addre 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 Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or Item MUST be provided to the City Clerk for the City's records. Published by. Lane Gamiotea, CMC, City Clerk INDEPENDENT MEWSMEDIA 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 , i1.d'AJ4�, -I —1 in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year .next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid .nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to andbscribed ObDfore me thisday ofy AD Notary Public, State of Florat Large ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 Bonded Tbru Notary Public Underw Kers -fan ISI, ma4i' Milw4- Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PUBLIC NOTICE CITY COUNCIL MEEnNG —1 fur the Ir or Olreedi l- ka19,2, irPM oras Std Ave, R. 200, O Zho- to attend. The agenda may calling the Office of the Cib I PERSON DECIDING TO APPAL any derision made by the C tcl wgh respect to any matter mnslGered at this meetlny win need ire a verbatim record of the WoceeAV Is made and the record 4hdW testumny and eN ce upan�l a ap�af wig be based. In am x wfth tl e AmeAgttss wth Ad ((ADA), erry pe son wph MIRY as de8ncd by the ADA, that rheeds syeclal acammodatlon W pi ate la this proceedirg, contact the aty Clerk's mice no later than N nm days Mw to Waceeding, 863-763-3372. tDVISED that should you intend to show any document picture, rid eEpMyS m the Council ld support or opposition to any Poem on tie agend Qerk CRy s recorD ds.re, vldeq or RYm MUST be provlded W t AGENDA V. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. MINUTES — City Clerk a) Motion to dispense with the reading and approve the Summary of Council Action for the November 24, 2015, December 15, 2015, and January 5, 2016 Regular Meetings, VII. WARRANT REGISTER - City Administrator A. Motion to approve the December 2015 Warrant Register. GeneralFund........................................................................$ 391,414.57 General Fund -Centennial Account ........................................$ 2,828.78 Public Facilities Improvement Fund .......................................$ 20,657.26 Capital Improvement Projects Fund ......................................$ 18,655.07 Appropriations Grant Fund ....................................................$ 4,500.00 JANUARY 19, 2016 - REGULAR MEETING - PAGE 2 OF 8 49 g COUNCIL ACTION - DISCUSSION—VOTE Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. As requested, Mayor Kirk read the following letter into the record: "Mayor Kirk and City Council Members, as you all know, I did get to experience a helicopter ride on January 12, due to [me] being trauma hawked after having a stroke. Before landing at the hospital, I realized my City Family had just extended their hands to help me. I would like to recognize three of our first responders that were responsible for having a hand in saving my life. I know this is something these gentlemen do on a daily basis but 1 wanted to thank [them] personally for doing (their] jobs and representing the City professionally. Those fellow City family members were Lt. Glenn Hodges, Firefighter Mike Skipper, and Firefighter J.R. Wooten, as well as some support from our County's EMS crew, Fire Medic Gwilt and Fire Medic Bridges. Again [l] thank [them] for [their] actions, prompt care and again for the free helicopter ride to safety, signed Mike O'Connor. Motion and second by Council Members Ritter and Chandler to dispense with the reading and approve the Summary of Council Action for the regular meetings of November 24, 2015, December 15, 2015, and January 5, 2016. There was no discussion on this item. VOTE: KIRK -YEA CHANDLER -YEA O'CONNOR-YEA RITTER-YEA WATFORD-YEA MOTION CARRIED. Motion and second by Council Members Watford and O'Connor to approve the December 2015 Warrant Register in the amounts: General Fund, three hundred ninety-one thousand, four hundred fourteen dollars, and fifty-seven cents ($391,414.57); General Fund -Centennial Account, two thousand, eight hundred twenty-eight dollars, and seventy-eight cents ($2,828.78); Public Facilities Improvement Fund, twenty thousand, six hundred fifty-seven dollars and twenty-six cents ($20,657.26); Capital Improvement Projects Fund, eighteen thousand, six hundred fifty-five dollars and seven cents ($18,655.07); Appropriations Grant Fund, four thousand, five hundred dollars and no cents ($4,500.00). There was no discussion on this item. VOTE: KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER-YEA WATFORD-YEA MOTION CARRIED. VIII.OPEN PUBLIC HEARING FOR FINAL ADOPTION OF ORDINANCE — Mayor MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:11 P.M. A.1.a) Motion to read proposed Ordinance No. 1130 by title only, regarding Land Council Member Watford moved to read proposed Ordinance No. 1130 by title only, regarding Land Development Development Regulation Text Amendments, Application No. 15 -005 -TA Regulation Text Amendments, Application No. 15 -005 -TA; seconded by Council Member Ritter. Planning Board recommends approval— City Planning Consultant (Exhibit 1). 500 ED A.1.b) Vote on motion to read by title only proposed Ordinance No. 1130 c) City Attorney to read proposed Ordinance No. 1130 by title only 2.a) Motion to adopt Ordinance No. 1130. b) Public comments and, discussion. JANUARY 19. 2016 - REGULAR MEETING - PAGE 3 OF 8 VOTE: KIRK -YEA CHANDLER -YEA O'CONNOR-YEA RITTER-YEA WATFORD-YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1130 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 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 CENTERISOBER 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, INDOOR AUCTION 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." Motion and second by Council Members Chandler and O'Connor to adopt proposed Ordinance No. 1130 Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member Watford clarified as discussed at first reading, Planning Staff confirmed this will meet the States requirements to address sober homes appropriately. Also, businesses in operation, that do not meet these new regulations, will be considered grandfathered -in. VIII.LDR PUBLIC HEARING CONTINUED A.2.c) Vote on motion to adopt Ordinance No. 1130. CLOSE PUBLIC HEARING - Mayor IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1131 by title only, and set February 2, 2016, as final public hearing date regarding City of Okeechobee Municipal Police Officers' Pension Trust Fund — City Attorney (Exhibit 2). b) Vote on motion to read by title only, and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1131 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1131 b) Public comments and discussion. c) Vote on motion. 13 n JANUARY 19, 2016 - REGULAR MEETING - PAGE 4 OF 8 ✓ VOTE: KIRK - YEA CHANDLER -YEA O'CONNOR - YEA RITTER-YEA WATFORD-YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. Motion and second by Council Members Watford and Ritter to read proposed Ordinance No. 1131 by title only, and set February 2, 2016, as final Public Hearing date regarding amendments to the City of Okeechobee Municipal Police Officers' Pension Trust Fund, VOTE: KIRK -YEA CHANDLER - YEA O'CONNOR-YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. City Attorney Cook read proposed Ordinance No. 1131 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 888, AS SUBSEQUENTLYAMENDED; AMENDING SECTION 1, DEFINITIONS; AMENDING SECTION 6, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 8, DISABILITY, AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, MAXIMUM PENSION, AMENDING SECTION 16, MINIMUM DISTRIBUTION OF BENEFITS; AMENDING SECTION 27, PRIOR POLICE SERVICE; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN, ADDING SECTION 30, SUPPLEMENTAL BENEFIT COMPONENT FOR EXTRA BENEFITS; CHAPTER 185 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Motion and second by Council Members Chandler and O'Connor to approve the first reading of proposed Ordinance No. 1131. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk confirmed it would be appropriate for Council Member Watford to forward his questions via email to Pension yttorney Christiansen through Administrator MontesDeOca. VOTE: KIRK - YEA CHANDLER - YEA O'CONNOR-YEA RITTER-YEA WATFORD-YEA MOTION CARRIED. Planning Exhibit 1 *00, Jan 19, 2016 & Management Services, Inc. Memorandum To: Mayor and City Council From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Services, Inc. Date: December 28, 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 proposed ordinance associated with for the City -initiated text amendment 15 -005 -TA. The Planning Board, sitting as the LPA unanimously recommended approval at its last meeting. 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 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 `r *✓ 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." 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 close proximity to bars and lounges which are most likely to be located in the CHV District. 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 CNV 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. b. 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. u::#4�ti:«N19.5e: - _*R":'WG'aee,tr.. Mi+6Ax:4".�%+>:• 'cd Wib'i�'JX'RFfU15 1n.' - ffiakeF .: ... i� .., .. Serving Florida Local Governments Since 1988 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 as a Special exception in the CHV District and as a Permitted use in the I (Industrial) District. 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 storage, 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 another place of assembly — storefront churches. Therefore, the term "auction house (indoor)" has simply been added to those parts of Sec. 90-512 dealing with the parking requirement for storefront churches. This also ties in with the method employed by the Fire Department in calculating allowable occupancy of an assembly area. 8. Corrections of typographical errors and misplaced references. These changes are self-explanatory in the proposed ordinance. 3 Serving Florida Local Governments Since 1988 114rw' law 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 111 -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 CENTERIDETOX 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 CENTERIDETOX CENTER, INDOOR AUCTION 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 No. 1130 - Page 1 of 7 Language to be added is underlined. Language to be deleted is sUackt vough. 11"+ tial 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 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 11 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 Ordinance No. 1130. Page 2 of 7 Language to be added is underlined. Language to be deleted is s#uck44RK gq. err+' *40 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: (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 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 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 90-282. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 - Zoning, Article III -District and District Regulations, Division 8 -Heavy Commercial District, Section 90-282 Permitted uses 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 cleanerllaundry, laundromat. (6) Funeral home. Ordinance No. 1130 • Page 3 of 7 Language to be added is underlined. Language to be deleted is struGk4 rough. 1.✓ (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet 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 111 -District Regulations, Division 10 -Industrial District, Section Ordinance No. 1130 - Page 4 of 7 Language to be added is underlined. Language to be deleted is stfask-through. *W 'r1/'' 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: (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 s ecificall 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 Ordinance No. 1130 - Page 5 of 7 Language to be added is underlined. Language to be deleted is s0usk t#ueugh. F� Z2 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 arm 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) M 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 5th day of January, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 . Page 6 of 7 Language to be added is underlined. Language to be deleted is stsask Bxeugh. Barbershop, beauty shop, and nail 2 per service chair salon Hotel, motel 1 per bedroom, plus 5 spaces, plus accessoryuses Auto service, repair or wash 1 per 150 square feet of floor area Automobile sates 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor area used for sales or display. Auction house (indoor), or 1 per 3 seats in the area used for the storefront church with fixed seating auction, or in the assembly area used for worship. For pews, each 18 inches shall equal' ne seat. Auction house (indoor), or 1 space for each 90 square feet of storefront church without fixed area used for the auction or assembly seating area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship 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 arm 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) M 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 5th day of January, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 . Page 6 of 7 Language to be added is underlined. Language to be deleted is stsask Bxeugh. NW PASSED AND ADOPTED after Second and Final Public Hearing this 1 gr" day of January, 2016. 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 strusk-Ihreugh. 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, INDOOR AUCTION HOUSE, 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 *ft'' 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 No. 1130 - Page 1 of 7 Language to be added is underlined. Language to be deleted is stFUGk through. 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 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 I I 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 Ordinance No. 1130 - Page 2 of 7 Language to be added is underlined. Language to be deleted is stru* thFaugh. 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: `, (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 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 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 druq rehabilitation center/detox center. (21) Recovery center/sober home. SECTION 5: Amendment and Adoption to Section 90-282. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90 - Zoning, Article III -District and District Regulations, Division 8 -Heavy Commercial District, Section 90-282 Permitted uses 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. w.. (3) Restaurant, take-out restaurant, cafe. (4) Personal service. (5) Dry cleaner/laundry, laundromat. (6) Funeral home. Ordinance No. 1130 - Page 3 of 7 Language to be added is underlined. Language to be deleted is sirask-threugh. (7) Hotel, motel. (8) Private club, nightclub. (9) Craft studio. (10) Business school. (11) Commercial indoor recreation. (12) Commercial parking garage or lot, taxistand, bus terminal. (13) Storefront church located in a unit in a multi -use building or shopping center. (14) Taxidermist. (15) Pet 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 ` W the Code of Ordinances, Subpart B -Land Development Regulations, Chapter 90, ZONING, ARTICLE III -District Regulations, Division 10 -Industrial District, Section Ordinance No. 1130 - Page 4 of 7 Language to be added is underlined. Language to be deleted is stFuck-through. 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: (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 specifically identified in this section. or 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 Ordinance No. 1130 - Page 5 of 7 Language to be added is underlined. Language to be deleted is 6truck 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 p ' hearing on this 5th day of January, 2016. r James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 • Page 6 of 7 Language to be added is underlined. Language to be deleted is struck -through. M 4./ Barbershop, beauty shop, and nail 2 per service chair salon Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses 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. Auction house (indoor), or 1 per 3 seats in the area used for the storefront church with fixed seating auction, or in the assembly area used for worship. For pews, each 18 inches shall a uaI one seat. Auction house (indoor), or 1 space for each 90 square feet of storefront church without fixed area used for the auction or assembly seating area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship 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 p ' hearing on this 5th day of January, 2016. r James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1130 • Page 6 of 7 Language to be added is underlined. Language to be deleted is struck -through. M 4./ N,., PASSED AND ADOPTED after Second and Final Publi Hearing this 19`h day of January, 2016. James E. Kirk, Mayor ATTEST: Lane amiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: r _a John R. Cook, City Attorney Ordinance No. 1130 - Page 7 of 7 Language to be added is underlined. Language to be deleted is struck thmugb. Patty Burnette From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Monday, November 23, 2015 9:32 AM To: 'Igamiotea@cityofokeechobee.com' Subject: FW: Ordinance for 15 -005 -TA, revised per LPA meeting on 11-19-2015 Attachments: Draft Ord. for 15 -005 -TA ,per LPA Mtng 11-19-2015.doc Tracking: Recipient Read Igamiotea@cityofokeechobee.com' Read: 11/23/2015 11:07 AM Received this from Bill last Friday. Jackie From: Bill Brisson[m- illto:bill(a)larueplanning..cgm] Sent: Friday, November 20, 2015 3:42 PM To: 'Patty Burnette' Cc: Welisa Jahner'; 'Gloria Pellito' Subject: Ordinance for 15 -005 -TA, revised per LPA meeting on 11-19-2015 Patty, Attached is the above referenced draft ordinance. I think this is to go before the City Council for Vt reading on December 15th. Let me know if this is correct. Hope everyone has a very nice Thanksgiving. Bill t i �=tec! I `kms �"� atL*J- � i z (`(le ltsa I'�.S nnh>5s U' na.n�d— etl5rlej�� Wm. F. Brisson, AICP Sr. Planner Xylbec ' 15 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 OJ -ter m� DRAFT, Per LPA meeting, 11-20-15 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 TO 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 �4 DRUG REHABILITATION CENTER/DETOX CENTER AND RECOVERY CENTER/SOBER HOME WITHINTHE 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 J) DRUG REHABILITATION CENTER/DETOX CENTER, INDOOR AUCTION ? CONVENIENCE STORE WITH FUEL PUMPS, RETAIL POOL SUPPLIES (A)2' 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 (&�r EQUIPMENT, WATER TREATMENT SERVICES, AND PEST CONTROL (ALL INLCUDING 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 AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. nQrjO ICIS I►lCj V/i�E(�ES) -iltiP ('.i>.� ��tin�� i �,�_1� /'i •-} JJ 4j 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 Language to be added is underlined Language to be deleted is str-uc1+",r ,,T a_.I Ordinance No. 15-?? Page 1 of 7 DRAFT, Per LPA meeting, 11-20-15 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 ar�inq at:>106 WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently P�gnni'n� HC�er y', reviewed the Code of Ordinances and Land Development Regulations to determine areas of improvement; has discussed same at public meetings; and has recommended certain changes, amendments or modifications tote code to present-tothe i Council for ordinance a op ion; anc— - �� � (� ,s5in4 a ��cragra.ph 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 C©Q� Officer for the City: SECT ION a : Section 1. - o ieod men+ eLnd-- Aclo p+- ,,) -{o - I . That the City Council for the City of Okeechobee, Florida amends herein Part II of the Code of Ordinance, Subpart B -Land Development Regulations, Chapter 66 - General Provisions, Section 66-1 to include the following definition: Youth center means a social and recreational center providina suaervision 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. x, Section 2. Amery rr.­'' arld A ,4OP+t.orn 40 _ , ' AO- I� _ 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 5 -Residential Multiple Family i i �1nd an District, Section 90-193 S�pecialException uses to expand the list of uses to include Youth center and Recovery center/sober home, as follows: Sec. 90-193. Special exception uses ... (14) Youth center (15) Recovery center/sober home Language to be added is underlined Language to be deleted is struGlk thrGugh Ordinance No. 15-?? Page 2 of 7 DRAFT, Per LPA meeting, 11-20-15 �VP+10r, +0 Sec4b,�,-, a Section 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, ARTICLE III -District Regulations, Division 7 -Light Commercial District, Section 90-252 Permitted uses to expand the list of uses to includertonvenience store, as follows: lowi'nq pr" t0C CLT,. euirvtcj- n„ SCCTIo►J ►�'- +Ile - S ►v�ncl rr,ent n �c{. F,,� I,; ��, t7 -2 s 3 ��{ �D `Ih P o l pR S That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III -District Regulations, Division 7 -Light Commercial District, 90-253 Special exception uses to expand the list of uses to include Alcohol & drug rehabilitation center/detox center, and Recovery center/sober home, as follows: YD 1(04) ca uus Sec. 90-253. Special exception uses, ... (20) Alcohol & drug rehabilitation center/detox center (2) Recovery center/sober home 51 r3 � mend me n+ Gtx�ct F ;..i , s.,� , o►� -f-o Se e+� �r, �3 ! 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, ARTICLE III-District_Ragulations, 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: i_ A0-�-0�3�3 Sec. 90-282. Permitted Uses, ... 0r _ Convenience store Indoor auction house -se fonr6nn/Y►'�►uent �in(� Adopn -�o $echvrt n� 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, Language to be added is underlined Language to be deleted is struGk through Ordinance No. 15-?? Page 3 of 7 DRAFT, Per LPA meeting. 11-20-15 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, wter treatment services, and pst control (all including storage of chemicals for use and/or retail sale), to read as follows: rTk folk Sec. 90-283 Special exception uses, ... (23) Alcohol and drug rehabilitation center/detox center. (24) Convenience store with fuel pumps. (25) Retail pool supplies and equipment, water treatment services, and pest control (all including storaae of chemicals for use and/or retail sale r �r �0 -ir1 �'J� f'tii,/1 On- -30 Section 7. 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). . � 4-t) � l ow r, 9 Sec. 90-342 Permitted uses.... (30) Retail pool supplies and equipment, water treatment services, and pest control (all including storage of chemicals for use and/or retail sale). Section 8. 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: Language to be added is underlined Language to be deleted is struGlk thrGuo Ordinance No. 15-?? Page 4 of 7 DRAFT, Per LPA meeting, 11-20-15 (2) Commercial uses Shopping center, Rretail store, retail service, 1 per 300 square feet of and personal service, or floor service area, except as may otherwise be specifically identified in this cPrtir)n Auction house (indoor) or storefront church, with fixed seating 1 per 3 seats in the area used for the auction, or in the assembly area used for worship. For pews, each 18 inches shall equal one seat. Auction house (indoor), or storefront church, without fixed seating 1 space for each 90 square feet of area used for the auction or assembly area used for worship, up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship in excess of 1,470 square feet. Barber shop, beauty shop, and nail salon 2 per service chair sFcr►��1 q '. �rYV16ry' r t Cu1cf, f\C.LGp10 Section 9. 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: ... Language to be added is underlined Language to be deleted is struGk threugf} Ordinance No. 15-?? Page 5 of 7 DRAFT, Per LPA meeting, 11-20-15 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} ). SrCn A' Section 10' Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of ,2015 James E. Kirk, Mayor Language to be added is underlined Language to be deleted is strUGk throuo Ordinance No. 15-?? Page 6 of 7 DRAFT, Per LPA meeting, 11-20-15 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struck through Ordinance No. 15-?? Page 7 of 7 -eK-ob QN) S-, - -,7, 3 --jam p -4+:j Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Tuesday, November 03, 2015 8:44 AM To: 'Patty Burnette' Subject: RE: Explanatory memo to Planning Board re: 15 -005 -TA, City initiated amendments to the LDRs Patty, Sorry to hear about your mom, that's a difficult thing to handle. No the memo should refer to the 9/30/15 draft ordinance. Sorry `bout that. Please go ahead and change the reference .. .............. .. do it if you want. Thanks for spotting that. 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: Patty Burnette [mailto:pburnette@cityofokeechobee.com] Sent: Monday, November 2, 2015 4:12 PM To: _bill@larueplanning.com Subject: FW: Explanatory memo to Planning Board re: 15 -005 -TA, City initiated amendments to the LDRs Hi Bill. Just a quick question .... in the attached memo it says the following provides explanation for each of the proposed changes to the LDR's contained in the October 30th draft of the proposed ordinance. The only copy of a proposed ordinance I have is dated 9/30/15. Is there one dated 10/30/15? Also and you may be aware of this already, Marcos wants to hold off on the City initiated rezoning, No. 15- 003-R so we will not be putting this on the 11/19/15 PB/BOA Agenda. Thanks, Patty From: Jackie Dunham [ma iIto: jdunham@citkofokeechobee.com] Sent: Friday, October 30, 2015 9:56 AM Patty Burnette From: Jackie Dunham <jdunham@cityofokeechobee.com> Sent: Friday, October 30, 2015 9:56 AM To: Patty Subject: FW: Explanatory memo to Planning Board re: 15 -005 -TA, City initiated amendments to the LDRs Attachments: Expl_Memo re -15 -005 -TA for LPA.pdf, Expl_Memo re -1S -00S -TA for LPA.docx Patty, I'm sure Bill sent this to me not knowing when you would return. If there's anything I can do to help you know I will. Jackie From: Bill Brisson [mailto:bill@larueplanning.com] Sent: Friday, October 30, 2015 9:42 AM To: 'Jackie Dunham' Cc: 'Gloria Pellito' Subject: Explanatory memo to Planning Board re: Jackie, 15 -005 -TA, City initiated amendments to the LDRs Attached is the above referenced Explanatory Memo, in both MS Word and PDF format, for the Planning Board meeting on November 19th. The Word document is in case you see something that needs to be changed. If not, printing from the PDF version is usually more accurate. I'm working on the Staff Reports for 15 -007 -TRC and 15 -008 -TRC. Will provide as soon as completed, but not later than Wednesday the 111h or Thursday the 12tH Call if you have any questions. In the meantime, have a great weekend! Oil( 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 1 Patty Burnette From: Bill Brisson <bill@larueplanning.com> Sent: Wednesday, September 30, 2015 12:22 PM To: 'Melisa Jahner'; 'Patty Burnette' Cc: 'Gloria Pellito' Subject: Draft Ord. for proposed LDR changes for Planning Board meeting in November Attachments: Draft Ord. for newest LDC changes, 9-30-2015.doc Melisa and Patty: Attached is the above referenced draft ordinance, including the title. The Ordinance is 6 pages long. If you want to change anything, you will probably have to work on the formatting, a couple spots are kinda "funky". I will also prepare an explanatory memo for the Planning Board in time to be included in the Planning Board members' packet. ... can prepare the draft ordinance title for the City -initiated rezoning of the property located at 704 SW 6ch Street from CLT to RSF, if necessary. Let me know, because I think you usually prepare the Ordinance and materials for public notice for rezonings. Call if you have any questions.' 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 ri 'ity of Okeechobee Date: 16/1115 Petition No. 15- 005 -TR General Services Department Fee Paid: "JA Jurisdiction: pg ' CG 55 S.E. 3 d Avenue, Room 1011S Hearing: 2' Hearin I l5 g la. 15 IS Okeechobee, Florida 39974-2903 Publication Dates: 1 1 �D Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Notices Mailed: APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: Wv 6f p1(pe C a,xe-) 2 Mailing address:/,95 SE 3f A - /e -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 C —c:� (_) No If yes, provide address(es) 6 RF"OI S' -. Request is for: O Text change to at, it w «° ^ iLDR (_) Addition of a permittee us ion of a permitted use (� 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 sfr+keout and additions in underline format. (This description may be provided on separate sheets if necessary.) 8 LDR Amendment Application Page 1 of 3 Planning Memorandum To: Planning Board Members Services, 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. 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: 10 "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 close 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 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