1163 #17-002-TAORDINANCE NO. 1163
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 90, SPECIFICALLY
ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, COMMENCING
AT DIVISION 7; CREATING AN ADDITIONAL PERMITTED USE FOR
MEDICAL MARIJUANA DISPENSARIES AS DEFINED AND REGULATED
PURSUANT TO FLORIDA STATUTES CHAPTER 381.986 WITHIN THE
FOLLOWING PERMITTED USE SECTIONS: 90-252 LIGHT
COMMERCIAL, 90-282 HEAVY COMMERCIAL, 90-312 CENTRAL
BUSINESS DISTRICT, 90-342 INDUSTRIAL; PROVIDING FOR
AMENDMENTS TO SAID FLORIDA STATUTES; PROVIDING FOR
CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT;
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inconsistencies or outdated regulations contained in the codes; to make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
legislation or developments; 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 to chapter
90, code of ordinances at a duly advertised Public Hearing held on November 16,
2017, and hereby recommends that these amendments to the Code of Ordinances
be adopted by the City Council; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the
amendments to be in the best interest of the 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: That the City Council for the City of Okeechobee, Florida, amends herein
Part II of the Code of Ordinances, Subpart B -Land Development Regulations,
specifically Chapter 90, Article III, Districts and District Regulations as follows:
That Division 7, Light Commercial (CLT) District, Section 90-252, is amended to add
as a permitted use within this zoning district: (8) Medical marijuana dispensary as
defined and regulated in F.S. 381.986.
That Division 8, Heavy Commercial (CHV) District, Section 90-282 is amended to
• add as a permitted use within this zoning district: (18) Medical marijuana dispensary
as defined and regulated in F.S. 381.986.
That Division 9, Central Business (CBD) District, Section 90-312 is amended to add
as a permitted use within this zoning district: (12) Medical marijuana dispensary as
defined and regulated in F.S. 381.986.
Ordinance No. 1163 - Page 1 of 2
Language to be added is underlined.
Language to be deleted is skask t#reugh.
That Division 10, Industrial (IND) District, Section 90-342 is amended to add as a
permitted use within this zoning district: (33) Medical marijuana dispensary as
defined and regulated in F.S. 381.986.
SECTION 3: CODIFICATION, INCLUSION IN CODE.
It is the intention of the City Council for the City of Okeechobee, that the provisions
of this ordinance shall become and be made part of the City of Okeechobee Code
of Ordinances, and that sections of this ordinance may be renumbered or re -lettered
that the word "ordinance" may be changed to "section," "article," or such other
appropriate work or phrase in order to accomplish such intention, and regardless of
whether such inclusion in the Code is accomplished, sections of this ordinance may
be renumbered or re -lettered and typographical errors which do not affect the
content may be authorized by the City Clerk without need of public hearing, or filing
a corrected or re -codified copy of same in the Office of the City Clerk.
SECTION 4: CONFLICTS OF LAW.
This section is enacted to be supplemental to existing ordinances and does not
replace or supersede previously adopted ordinances; whenever the requirements or
provisions of this Section seem to conflict with the requirements or provisions of any
other lawfully adopted ordinance, code, or statute, the Code Enforcement
Department may elect to proceed under such ordinance, code, or statute deemed
most expedient to the City, unless the conflict is irreconcilable, and in that event, the
most restrictive requirements shall apply. As the subject Florida statute authorizing
this ordinance may be subject to periodic amendment, the City will, by ordinance,
adopt such amendments to chapter 90 as deemed appropriate.
SECTION 5: 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 6: EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First Reading and set for Final Public Hearing on this 1 "
tday of
December, 2017.
zy, // �o�o�/
Dowling R. Watford,'Jr., Mayor
ATTEST:
Lane 'Gamiotea, C, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of JaLnuary,
2018.
Dowling R. atford, Jr., Mayor
ATT ST:
Lane iSamiotea, CMC, City Clerk
REVIEWED FO, LEGAI, SUFFICIENCY: •
John R. Cook, City Attorney
Ordinance No. 1163 - Page 2 of 2
Language to be added is underlined.
Language to be deleted is sEwsk threugh.
City of Okeechobee
Date: Petition No.-
General Services Department
55 S.E. 3`d Avenue, Room 101
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218
Fee Paid: Jurisdiction:
1st Hearin i 2� Hearin
g �� ��� '�lg' n A.
Publication Dates: re,.ra1Zgt iig est 128 - and:
Notices Mailed:
Fax: (863) 763-1686
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1
Name of Applicant: City of Okeechobee
2
Mailing address: 55 SE 3rd Avenue, Okeechobee, FL 34974
3
E-mail address: jcook@cityofokeechobee.com
4
Daytime phone(s): 863-763-3372
Do you own residential property within the City? () Yes (_) No
If yes, provide address(es) N/A
5
Do you own nonresidential property within the City? (_) Yes () No
If yes, provide address(es) N/A
6
REQUEST INFORMATION
Request is for: (X) Text change to an existing section of the LDRs
7
(_) Addition of a permitted use () Deletion 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 s#+keeut and
additions in underline format. (This description may be provided on separate sheets if necessary.)
SEE ATTACHED
8
LDR Amendment Application Page 1 of 3
9
Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to
be changed. (This description may be provided on separate sheets if necessary.)
SECTION 90-252 LIGHT COMMERCIAL (CLT) DISTRICT PERMITTED USES
SECTION 90-282 HEAVY COMMERCIAL (CHV) DISTRICT PERMITTED USES
SECTION 90-312 CENTRAL BUSINESS (CBD) DISTRICT PERMITTED USES
SECTION 90-342 INDUSTRIAL (IND) DISTRICT PERMITTED USES
REQUIRED ATTACHMENTS
Non-refundable application fee of $500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature Printed Name
John R. Cook, City Attorney
Date
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3
FINDINGS REQUIRED FOR GRANTING A
CHANGE IN LAND DEVELOPMENT REGULATIONS
(Sec. 70-340, LDR page CD70:16 as modified for a text amendment)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the
proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change
and its likely effects:
1. Are not contrary to Comprehensive Plan requirements.
2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected.
3. Will not have an adverse effect on the public interest.
4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning
districts affected, and is not contrary or detrimental to urbanizing land use patterns.
5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of
other properties in the zoning district(s) affected or nearby thereto.
6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the
neighborhood.
7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services.
8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions.
Your responses to these findings should be as descriptive as possible. Attach additional pages as may be
necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate
it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or
denial.
LDR Amendment Application Page 3 of 3
Consider recommendation to the City Council to amend Land Development Regulations, ordinance no.
716 and as thereafter amended, and Chapter 90, Article III, zoning district regulations, code of
ordinances, City of Okeechobee, to approve the locating of medical marijuana dispensaries within the
municipal eitrlimits, in the category of . Such facilities
(
shall be a permitted use in the following zoning districts: Light Commercial; Heavy Commercial; � 1� CIL)Ytrl
�
HCl C� B siness District, subject to the provisions of Chapter 90. Further, any permit to establish such
a use shall be subject to all restrictions and conditions contained in Florida Statutes Ch. 381.986.
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262
AGENDA
V. PROCLAMATIONS AND PRESENTATIONS CONTINUED
B. Present a Ten -Year Longevity Service Award to Fire Captain Lalo
Rodriguez.
C. Present a Thirty Five -Year Longevity Service Award to Mayor Dowling
Watford.
VI. MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of Council
Action for the December 19, 2017, Regular Meeting.
VII. WARRANT REGISTER - City Administrator
A. Motion to approve the December, 2017 Warrant Register:
GeneralFund..........................................................................$412,720.80
Capital Improvement Projects Fund ........................................$ 69,169.19
Public Facilities Improvement Fund ........................................$ 10,062.53
Appropriations Grant Fund ......................................................$ 940.66
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor
A.1.a) Motion to read proposed Olinance No. 1163 by title only regarding
Land Development Regulation (LDR) Text Amendment Petition No.
17 -002 -TA to approve the locating of medical marijuana
dispensaries within the municipal limits in the category of retail store,
retail service as a permitted use in the Light Commercial (CLT),
Heavy Commercial (CHV), Industrial (IND) and Central Business
District (CBD) zoning districts - City Attorney (Exhibit 2).
8 - REGULAR MEETING - PAGE 2 OF 7
COUNCIL ACTION - DISCUSSION - VOTE
This item was deferred until the February 6, 2018, meeting to allow Fire Chief Smith to be in attendance.
On behalf of the City, Council Member Chandler presented Mayor Dowling R. Watford, Jr. with a Longevity Service
Award of $1,000.00 and a framed certificate which read, "in recognition of your 35 -years of service, hard work,
and dedication to the citizens of the City of Okeechobee from January 1, 1981 to December 31, 1984, and
from January 6, 1987 to January 6, 2018.° Mayor Watford was very humbled and expressed his sincere
appreciation to the citizens and staff of the City of Okeechobee.
Council Member Clark moved to dispense with the reading and approve the Summary of Council Action for the
Regular meeting of December 19, 2017; seconded by Council Member Ritter. There was no discussion on this item.
VOTE:
WATFORD - YEA CHANDLER - YEA CLARK- YEA
O'CONNOR-YEA BITTER -YEA MOTION CARRIED.
Council Member Ritter moved to approve the December, 2017 Warrant Register in the amounts: General Fund, four
hundred twelve thousand, seven hundred twenty dollars and eighty cents ($412,720.80); Capital Improvement
Projects Fund, sixty-nine thousand, one hundred sixty-nine dollars and nineteen cents ($69,169.19); Public Facilities
Improvement Fund, ten thousand, sixty-two dollars and fifty-three cents ($10,062.53); and Appropriations Grant Fund,
nine hundred forty dollars and sixty-six cents ($940.66); seconded by Council Member O'Connor. There was no
discussion on this item.
VOTE:
WATFORD - YEA CHANDLER - YEA CLARK - YEA
O'CONNOR - YEA RITTER - YEA MOTION CARRIED.
MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M.
Council Member Chandler moved to read proposed Ordinance No. 1163 by title only regarding Land Development
Regulation (LDR) Text Amendment Petition No. 17 -002 -TA to approve the locating of medical marijuana
dispensaries within the municipal limits in the category of retail store, retail service as a permitted use in the Light
Commercial (CLT), Heavy Commercial (CHV), Industrial (IND) and Commercial Business District (CBD) zoning
districts; seconded by Council Member Clark.
1
AGENDA
VIII. PUBLIC FEARING FOR ORDINANCE ADOPTION CONTINUED
fly.
mments.
c)-707e—on—motion'
CLOSE PUBLIC HEARING - MAYOR
ce No. 1163 by title only
ce o.1163.
IX. NEW BUSINESS
A. Motion to approve a request by Okeechobee County Firefighters for
a Boot Drive at the main intersection of State Road 70 and Highway
441 on February 3 and 4, 2018 from 9:00 A.M. to 2:00 P.M. to
benefit the Muscular Dystrophy Association - City Administrator.
WATFORD - YEA
O'CONNOR - YEA
.JANUARY 16, 2018 - REGULAR MEETING - PAGE 3 OF 7 263
COUNCIL ACTION - DISCUSSION - VOTE
VOTE:
CHANDLER - YEA CLARK -YEA
RITTER-YEA - R.
ay Cook read proposed Ordinance No. 1163 by title only as follows: "AN ORDINANCE OF THE CITY OF
CHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART Il OF THE CODE OF ORDINANCES,
ART B -LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 90,
WICALLY ARTICLE 111 DISTRICTS AND DISTRICT REGULATIONS, COMMENCING AT DIVISION 7;
TING AN ADDITIONAL PERMITTED USE FOR MEDICAL MARIJUANA DISPENSARIES AS DEFINED
REGULATED PURSUANT TO FLORIDA STATUTES CHAPTER 381.986 WITHIN THE FOLLOWING
ITTED USE SECTIONS: 90-252 LIGHT COMMERCIAL, 90-282 HEAVY COMMERCIAL, 90-312 CENTRAL
LESS DISTRICT, 90-342 INDUSTRIAL; PROVIDING FOR AMENDMENTS TO SAID FLORIDA STATUTES;
IDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR
RABILITY; PROVIDING FOR AN EFFECTIVE DATE."
and second by Council Members Clark and Ritter to adopt proposed Ordinance No. 1163.
Watford asked whether there were any questions or comments from the public. There was none. Attorney
briefly provided an update on the issue stating while he needs to research this further, it is his understanding
e Department of Justice is requiring all Federal laws pertaining to marijuana be enforced, specifically that it is
to own a firearm and use marijuana in medical or recreational form. Mayor Watford added his appreciation for
medical marijuana can do for patients who need it but disagrees with how the State has regulated it,
ically the lack of local control given. Council Members Ritter and Clark echoed this.
WATFORD - No
O'CONNOR - NO
VOTE:
CHANDLER -YEA CLARK -YEA
RITTER - YEA
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:21 P.M.
Motion and second by Council Members O'Connor and Ritter to approve a request by Okeechobee County
Firefighters for a Boot Drive at the main intersection of State Road 70 (North Park Street) and U.S. Highway 441
(Parrott Avenue) on February 3, and 4, 2018, from 9:00 A.M. to 2:00 P.M. to benefit the Muscular Dystrophy
Association (MDA).
Exhibit 1
Jan 16, 2018
ORDINANCE NO. 1163
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 90, SPECIFICALLY
ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, COMMENCING
AT DIVISION 7; CREATING AN ADDITIONAL PERMITTED USE FOR
MEDICAL MARIJUANA DISPENSARIES AS DEFINED AND REGULATED
PURSUANT TO FLORIDA STATUTES CHAPTER 381.986 WITHIN THE
FOLLOWING PERMITTED USE SECTIONS: 90-252 LIGHT
COMMERCIAL, 90-282 HEAVY COMMERCIAL, 90-312 CENTRAL
BUSINESS DISTRICT, 90-342 INDUSTRIAL; PROVIDING FOR
AMENDMENTS TO SAID FLORIDA STATUTES; PROVIDING FOR
CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT;
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
legislation or developments; 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 to chapter
90, code of ordinances at a duly advertised Public Hearing held on November 16,
2017, and hereby recommends that these amendments to the Code of Ordinances
be adopted by the City Council; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the
amendments to be in the best interest of the 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: That the City Council for the City of Okeechobee, Florida, amends herein
Part II of the Code of Ordinances, Subpart B -Land Development Regulations,
specifically Chapter 90, Article III, Districts and District Regulations as follows:
That Division 7, Light Commercial (CLT) District, Section 90-252, is amended to add
as a permitted use within this zoning district: (8) Medical marijuana dispensary as
defined and regulated in F.S. 381.986.
That Division 8, Heavy Commercial (CHV) District, Section 90-282 is amended to
add as a permitted use within this zoning district: (18) Medical marijuana dispensary
as defined and regulated in F.S. 381.986.
That Division 9, Central Business (CBD) District, Section 90-312 is amended to add
as a permitted use within this zoning district: (12) Medical marijuana dispensary as
defined and regulated in F.S. 381.986.
Ordinance No. 1163 - Page 1 of 2
Language to be added is underlined.
Language to be deleted is c4acklpreugh.
That Division 10, Industrial (IND) District, Section 90-342 is amended to add as a
permitted use within this zoning district: (33) Medical marijuana dispensary as
defined and regulated in F.S. 381.986.
SECTION 3: CODIFICATION, INCLUSION IN CODE.
It is the intention of the City Council for the City of Okeechobee, that the provisions
of this ordinance shall become and be made part of the City of Okeechobee Code
of Ordinances, and that sections of this ordinance may be renumbered or re -lettered
that the word `ordinance" may be changed to "section," "article," or such other
appropriate work or phrase in order to accomplish such intention, and regardless of
whether such inclusion in the Code is accomplished, sections of this ordinance may
be renumbered or re -lettered and typographical errors which do not affect the
content may be authorized by the City Clerk without need of public hearing, orfiling
a corrected or re -codified copy of same in the Office of the City Clerk.
SECTION 4: CONFLICTS OF LAW.
This section is enacted to be supplemental to existing ordinances and does not
replace or supersede previously adopted ordinances; wheneverthe requirements or
provisions of this Section seem to conflict with the requirements or provisions of any
other lawfully adopted ordinance, code, or statute, the Code Enforcement
Department may elect to proceed under such ordinance, code, or statute deemed
most expedient to the City, unless the conflict is irreconcilable, and in that event, the
most restrictive requirements shall apply. As the subject Florida statute authorizing
this ordinance may be subject to periodic amendment, the City will, by ordinance,
adopt such amendments to chapter 90 as deemed appropriate.
SECTION 5: 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 6: EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First Reading and set for Final Public Hearing on this 19th day of
December, 2017.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of January,
2018.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1163 -Page 2 of 2
Language to be added is underlined.
Language to be deleted is �.
City of Okeechobee
Date: Petition No.
General Services Department
55 S.E. 3`d Avenue, Room 10115
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218
Fee Paid: Jurisdiction:
Hearing: 16"�t� `Z1�4 2" Hearing: C,0 +/rte
Publication Dates: ft,_rc129¢ ,;.6 J1 ,'ta 'j-1 Mrd.
Notices Mailed:
Fax: (863) 763-1686
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1
Name of Applicant: City of Okeechobee
2
Mailing address: 55 SE 3rd Avenue, Okeechobee, FL 34974
3
E-mail address: 'cook cit ofokeechobee.com
4
Daytime phone(s): 863-763-3372
Do you own residential property within the City? (_) Yes (_} No
If yes, provide address(es) N/A
5
Do you own nonresidential property within the City? (_) Yes (_) No
If yes, provide address(es) N/A
6
REQUEST INFORMATION
Request is for: (X) Text change to an existing section of the LDRs
(_) Addition of a permitted use Deletion of a permitted use
7
(_) Addition of a special exception use (_) Deletion of a special exception use
() Addition of an accessory use (_) Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in strikeeut and
additions in underline format. (This description may be provided on separate sheets if necessary.)
SEE ATTACHED
8
LDK Amendment Application Page I of 3
9
Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to
be changed. (This description may be provided on separate sheets if necessary.)
SECTION 90-252 LIGHT COMMERCIAL (CLT) DISTRICT PERMITTED USES
SECTION 90-282 HEAVY COMMERCIAL (CHV) DISTRICT PERMITTED USES
SECTION 90-312 CENTRAL BUSINESS (CBD) DISTRICT PERMITTED USES
SECTION 90-342 INDUSTRIAL (IND) DISTRICT PERMITTED USES
I REQUIRED ATTACHMENTS I
Non-refundable application fee of $500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature
Printed Name
John R. Cook, City Attorney
Date
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3
FINDINGS REQUIRED FOR GRANTING A
CHANGE IN LAND DEVELOPMENT REGULATIONS
(Sec. 70-340, LDR page CD70:16 as modified for a text amendment)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the
proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change
and its likely effects:
1. Are not contrary to Comprehensive Plan requirements.
2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected.
I Will not have an adverse effect on the public interest.
4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning
districts affected, and is not contrary or detrimental to urbanizing land use patterns.
5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of
other properties in the zoning district(s) affected or nearby thereto.
6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the
neighborhood.
7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services.
8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions.
Your responses to these findings should be as descriptive as possible. Attach additional pages as may be
necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate
it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or
denial.
LDR Amendment Application
Page 3 of 3
Consider recommendation to the City Council to amend Land Development Regulations, ordinance no.
716 and as thereafter amended, and Chapter 90, Article III, zoning district regulations, code of
ordinances, City of Okeechobee, to approve the locating of medical marijuana dispensaries within the
municipal *Wrlimits, in the category of Such facilities
shall be as permitted use in the following zoning districts: Light Commercial; Heavy Commercial; awl I fI 8UJ-T)'N'
^4\' ( Business District, subject to the provisions of Chapter 90. Further, any permit to establish such
a use shall be subject to all restrictions and conditions contained in Florida Statutes Ch. 381.986.
A
f
r
NOVEMBER 16, 2017 - PLANNING BOARD - PAGE 5 OF 6
AGENDA - .r, ACTION -DISCUSSION -VOTE
C. Consider LDR Text Amendment Petition No. 17.002 -TA to approve the
locating of medical marijuana dispensaries within the municipal limits, in
the category of retail store, retail service as a permitted use in the CLT,
CHV, IND and CBD zoning districts (Exhibit 3).
1. Presentation by City Attorney.
2. Public comments or questions from those in attendance, or submitted to
the Board Secretary,
3. Disclosure of Ex -Parte Communications by the Board.
4. a) Consider a recommendation to the City Council to approve or deny
Petition No. 17 -002 -TA.
b) Board discussion.
Consider LDR Text Amendment Petition No. 17 -002 -TA to approve the locating of medical marijuana dispensaries
within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and
CBD zoning districts.
Chairperson Hoover yielded the floor to.Attomey Cook who briefly explained the City has two choices in regards to
medical marijuana businesses within the City limits. Either they are banned altogether or based on State
requirements, the permitted and special exception uses need to be considered the same as the City currently
regulates pharmacies. Although the City Council noted concern in permitting these types of businesses within the
City, it was stated the voters did approve this, so with that being said, the Council extended the moratorium for an
additional 180 days giving him time to come before this Board and obtain a recommendation on establishing the
zoning districts. They would be permitted within all the commercial zoning districts with the exception of Commercial
Professional Office and also be permitted in the Industrial Zoning District. The medical marijuana dispensaries would
be regulated and required to abide by all State Legislation. He also noted the County recently approved
dispensaries within their jurisdiction.
Chairperson 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 petition. There were none.
Motion and second offered by Members Baughman and McCreary to deny LDR Text Amendment Petition No.
17 -002 -TA for the locating of medical marijuana dispensades within the municipal limits, in the category of retail
store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts.
Chairperson Hoover asked whether there was any further discussion. There was none.
VOTE
HOOVER - NAY McCoy -NAY BATTON-NAY BAUGHMAN-YEA BRAss - YEA
JGNASSAINT - NAY MCCREARY-YEA KEEFE - NIA O'BRIEN - NIA MOTION DENIED.
NOVEMBER 16. 2017 — PLANNING BOARD - PAGE 6 OF 6
AGENDA
ACTION - DISCUSSION
VI. PUBLIC HEARING CONTINUED.
C.4. a) Consideration of a recommendation to the City Council to approve or
Motion and second offered by Members McCoy and Jonassaint to recommend approval to the City Council for LDR
deny Petition No. 17 -002 -TA continued.
Text Amendment Petition No. 17 -002 -TA for the locating of medical marijuana dispensaries within the municipal
limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts.
b) Board discussion.
Chairperson Hoover asked whether there was any further discussion. There was none.
c) Vote on motion.
VOTE
HOOVER - YEA MCCOY-YEA BATTON— YEA BAUGHMAN - NAY BRASS - NAY
JONASSAINT—YEA MCCREARY—NAY KEEFE— NIA O'BRIEN — NIA MOTION CARRIED.
The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively January
16, 2018, 6:00 P.M.
CLOSE PUBLIC HEARING — Chairperson.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M.
VII. ADJOURNMENT — Chairperson.
There being no further items on the agenda, Chairperson Hoover adjoumed the meeting at 6:48 p.m.
Please take notice and be advised that when a person decides to appeal any decision made
by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered
at this proceeding, he/she may need to insure that a verbatim record of the proceeding is
made, which record includes the testimony and evidence upon which the appeal is to be
based. General services media are for the sole purpose of backup for official records.
Dawn T. Hoover, Chairperson
ATTEST:
Patty M. Bumette, Secretary
Okeechobee 3 (^ D
107 SW 17th St ie `s
rte
ANDEPENDENT349Okeechobee, aE4 f
_q
863-7 134yy,
NEWSMEDIA INC. USA = 2 eF
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.'.y. Florida that the attached copy of
advertisement being a YUfC. nrc�t1CQ�
in the matter of ti�64� F;-�p�
in the 19t1h Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
vofittam -77 20/8
Affiant further says that the said Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed before me this
IdT� day of Vol 9 AD
Notary Public, StatI�of Florida at Large
•_ R
ANGIE BRIDGES
MY COMMISSION # FF 976149
EXPIRES: Aprdi 20, 2020
Bonded Thru Notary Public UnCaMTitem
DEVELOPMENT REGULATION
TEXT AMENDMENTS
PUBLIC NOTICE: the City Council of the City of Okeechobee,
FL, will on Tues, January 16, 2018, at 6:00 PM, or as soon
thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee,
FL, conduct a Public Hearing to consider Final Reading for
proposed Ordinance into law:
No. 1163: 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 TO
CHAPTER 90, SPECIFICALLY ARTICLE III DISTRICTS
AND DISTRICT REGULATIONS, COMMENCING AT
DIVISION 7; CREATING AN ADDITIONAL PERMITTED
USE FOR MEDICAL MARIJUANA DISPENSARIES
AS DEFINED AND REGULATED PURSUANT TO
FLORIDA STATUTES CHAPTER 381.986 WITHIN THE
FOLLOWING PERMITTED USE SECTIONS: 90-252
LIGHT COMMERCIAL, 90-282 HEAVY COMMERCIAL,
90-312 CENTRAL BUSINESS DISTRICT, 90-342
INDUSTRIAL; PROVIDING FOR AMENDMENTS TO SAID
FLORIDA STATUTES; PROVIDING FOR CODIFICATION
OF AMENDMENTS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
The proposed Amendment may be viewed on the website,
cityofokeechobee.com, or at the Office of the City Clerk,
during normal business hours, Mon -Fri, 8 AM -4:30 PM, at the
address above.
ANY PERSON DECIDING TO APPEAL any decision made
by the City Council with respect to any matter considered at
this meeting will need to ensure a verbatim record of the pro-
ceeding 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
DECEMBER 19, 2017 - REGULAR MEETING - PAGE 3 OF 8
255
AGENDA
COUNCIL ACTION -DISCUSSION -VOTE
Vlll. PUBLIC HEARING CONTINUED
A.1.b)
Vote on motion to read by title only.
VOTE:
WATFORD — YEA CHANDLER—YEA CLARK— YEA
O'CONNOR—YEA RITTER—YEA MOTION CARRIED.
c)
City Attorney to read proposed Ordinance No. 1162 by title only.
Attorney Cook read proposed Ordinance No. 1162 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE
CITY'S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3)(b);
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE."
2.a)
Motion to adopt proposed Ordinance No. 1162.
Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1162.
b)
Public discussion and comments.
City Planning Consultant, Mr. Bill Brisson, Senior Planner of LaRue Planning and Management Services addressed
the Council explaining that the schedule reflects the Capital Improvement items identified in the Fiscal Year
2017-2018 Budget as well as projections for the next five years. This is an annual requirement. Administrator
MontesDeOca added a more detailed scheduled of Capital Improvement items will be addressed, similar to a five
year plan, in the future. Mayor Watford asked whether there were any questions or comments from the public. There
were none.
c)
Vote on motion.
VOTE:
WATFORD — YEA CHANDLER—YEA CLARK— YEA
O'CONNOR—YEA RITTER—YEA MOTION CARRIED.
B.1.a)
Motion to read proposed Ordinance No. 1163 by title only and set
Council Member Ritter moved to read proposed Ordinance No. 1163 by title only and set January 16, 2018, as a
January 16, 2018, as a Final Public Hearing date regarding Land
Final Public Hearing date regarding Land Development Regulation (LDR) Text Amendment Petition No. 17 -002 -TA
Development Regulation (LDR) Text Amendment Petition No.
to approve the locating of medical marijuana dispensaries within the municipal limits in the category of retail store,
17 -002 -TA to approve the location of medical marijuana
dispensaries within the municipal limits in the category of retail store,
retail service as a permitted use in the Light Commercial (CLT), Heavy Commercial (CHV), Industrial (IND) and
Central Business District (CBD) zoning districts; seconded by Council Member Clark.
retail service as a permitted use in the Light Commercial (CLT),
Heavy Commercial (CHV), Industrial (IND) and Central Business
District (CBD) zoning districts - City Attorney (Exhibit 2).
b)
Vote on motion to read by title only and set Final Public Hearing
VOTE:
WATFORD — YEA CHANDLER — YEA CLARK— YEA
date.
O'CONNOR—YEA RITTER—YEA MOTION CARRIED.
255
25
DECEMBER 19.2017 -REGULAR MEETING -PAGE 4 OF 8
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED
B.1.c) City Attorney to read proposed Ordinance No. 1163 by title only. Attorney Cook read proposed Ordinance No. 1163 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 TO CHAPTER 90,
SPECIFICALLY ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, COMMENCING AT DIVISION 7;
CREATING AN ADDITIONAL PERMITTED USE FOR MEDICAL MARIJUANA DISPENSARIES AS DEFINED
AND REGULATED PURSUANT TO FLORIDA STATUTES CHAPTER 381.986 WITHIN THE FOLLOWING
PERMITTED USE SECTIONS: 90-252 LIGHT COMMERCIAL, 90-282 HEAVY COMMERCIAL, 90-312 CENTRAL
BUSINESS DISTRICT, 90-342 INDUSTRIAL; PROVIDING FOR AMENDMENTS TO SAID FLORIDA STATUTES;
PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. -
2.a) Motion to approve the first reading of proposed Ordinance No. 1163.
b) Public discussion and comments.
c) Vote on motion.
C.1.a) Motion to read proposed Ordinance No. 1164 by title only regarding
Comprehensive Plan Small Scale Future Land Use Map Amendment
Application No. 17 -004 -SSA, submitted by Agueda Benitez and Ana
Campozano, reclassifying 0.65 acres located at 401 Southwest 3rd
Street from Single -Family Residential (SF) to Multi -Family Residential
(MF) - City Planning Consultant (Exhibit 3).
b) Vote on motion to read by title only.
Motion and second by Council Members Ritter and Clark to approve the first reading of proposed Ordinance No.
1163.
Mayor Watford asked whether there were any questions or comments from the public. There was none. The
Planning Board recommended approval by a 4 to 3 vote, after a motion to deny the amendment failed by a 4 to 3
vote. There was a brief discussion on this item among the Council.
VOTE:
WATFORD - YEA CHANDLER -YEA CLARK - YES
O'CONNOR-YEA RITTER-YEA MOTION CARRIED.
Council Member Ritter moved to read proposed Ordinance No. 1164 by title only regarding Comprehensive Plan
Small Scale Future Land Use Map Amendment Application No. 17 -004 -SSA, submitted by Ms. Agueda Benitez and
Ms. Ana Campozano, reclassifying 0.65 acres located at 401 Southwest 3rd Street from Single -Family Residential
(SF) to Multi -Family Residential (MF); seconded by Council Member Chandler.
VOTE:
WATFORD - YEA CHANDLER - YEA CLARK - YES
O'CONNOR-YEA RITTER-YEA MOTION CARRIED.
i
Exhibit 2
Dec 19, 2017
ORDINANCE NO. 1163
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 90, SPECIFICALLY
ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, COMMENCING
AT DIVISION 7; CREATING AN ADDITIONAL PERMITTED USE FOR
MEDICAL MARIJUANA DISPENSARIES AS DEFINED AND REGULATED
PURSUANT TO FLORIDA STATUTES CHAPTER 381.986 WITHIN THE
FOLLOWING PERMITTED USE SECTIONS: 90-252 LIGHT
COMMERCIAL, 90-282 HEAVY COMMERCIAL, 90-312 CENTRAL
BUSINESS DISTRICT, 90-342 INDUSTRIAL; PROVIDING FOR
AMENDMENTS TO SAID FLORIDA STATUTES; PROVIDING FOR
CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT;
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
legislation or developments; 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 to chapter
90, code of ordinances at a duly advertised Public Hearing held on November 16,
2017, and hereby recommends that these amendments to the Code of Ordinances
be adopted by the City Council; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the
amendments to be in the best interest of the 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: That the City Council for the City of Okeechobee, Florida, amends herein
Part II of the Code of Ordinances, Subpart B -Land Development Regulations,
specifically Chapter 90, Article III, Districts and District Regulations as follows:
That Division 7, Light Commercial (CLT) District, Section 90-252, is amended to add
as a permitted use within this zoning district: (8) Medical marijuana dispensary as
defined and regulated in F.S. 381.986.
That Division 8, Heavy Commercial (CHV) District, Section 90-282 is amended to
add as a permitted use within this zoning district: (18) Medical marijuana dispensary
as defined and regulated in F.S. 381.986.
That Division 9, Central Business (CBD) District, Section 90-312 is amended to add
as a permitted use within this zoning district: (112) Medical marijuana dispensary as
defined and regulated in F.S. 381.986.
Language to be added is undedined.
Language to be deleted is s§usk-tiveugp.
Ordinance No. 1163 - Page 1 of 2
That Division 10, Industrial (IND) District, Section 90-342 is amended to add as a
permitted use within this zoning district: (33) Medical marijuana dispensary as
defined and regulated in F.S. 381.986.
SECTION 3: CODIFICATION, INCLUSION IN CODE.
It is the intention of the City Council for the City of Okeechobee, that the provisions
of this ordinance shall become and be made part of the City of Okeechobee Code
of Ordinances, and that sections of this ordinance may be renumbered or re -lettered
that the word 'ordinance" may be changed to "section," "article," or such other
appropriate work or phrase in order to accomplish such intention, and regardless of
whether such inclusion in the Code is accomplished, sections of this ordinance may
be renumbered or re -lettered and typographical errors which do not affect the
content may be authorized by the City Clerk without need of public hearing, or filing
a corrected or re -codified copy of same in the Office of the City Clerk.
SECTION 4: CONFLICTS OF LAW.
This section is enacted to be supplemental to existing ordinances and does not
replace or supersede previously adopted ordinances; whenever the requirements or
provisions of this Section seem to conflict with the requirements or provisions of any
other lawfully adopted ordinance, code, or statute, the Code Enforcement
Department may elect to proceed under such ordinance, code, or statute deemed
most expedient to the City, unless the conflict is irreconcilable, and in that event, the
most restrictive requirements shall apply. As the subject Florida statute authorizing
this ordinance may be subject to periodic amendment, the City will, by ordinance,
adopt such amendments to chapter 90 as deemed appropriate.
SECTION 5: 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 6: EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First Reading and set for Final Public Hearing on this 19`h day of
December, 2017.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of January,
2018.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1163 - Page 2 of 2
Language to be added is underlined.
Language to be deleted is stndctlxaugh.
It
City of Okeechobee
General Services Department
55 S.E. 3`d Avenue, Room 1011"
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218
Date: Petition No.
Fee Paid: Jurisdiction:
Hearing: pr,, sz/fin 2" Hearing:
Publication Dates: ''.'o�z4 g ''i ! ..=: ,:(✓ ;�? fit.
1 Notices Mailed:
Fax: (863) 763-1686
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1
Name of Applicant: City of Okeechobee
2
Mailing address: 55 SE 3rd Avenue, Okeechobee, FL 34974
3
E-mail address: icook@cityofokeechobee.com
4
Daytime phone(s): 863-763-3372
Do you own residential property within the City? (_) Yes (_) No
5
If yes, provide address(es) N/A
Do you own nonresidential property within the City? (_) Yes (_) No
If yes, provide address(es) N/A
6
REQUEST INFORMATION
Request is for: (X) Text change to an existing section of the LDRs
7
(_) Addition of a permitted use () Deletion 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 s#ikeeut and
additions in underline format. (This description may be provided on separate sheets if necessary.)
SEE ATTACHED
8
LDR Amendment Application Page 1 of 3
Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to
be changed. (This description may be provided on separate sheets if necessary.)
SECTION 90-252 LIGHT COMMERCIAL (CLT) DISTRICT PERMITTED USES
SECTION 90-282 HEAVY COMMERCIAL (CHV) DISTRICT PERMITTED USES
SECTION 90-312 CENTRAL BUSINESS (CBD) DISTRICT PERMITTED USES
SECTION 90-342 INDUSTRIAL (IND) DISTRICT PERMITTED USES
9
Non-refundable application fee of $500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature
Printed Name
John R. Cook, City Attorney
Date
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3
FINDINGS REQUIRED FOR GRANTING A
CHANGE IN LAND DEVELOPMENT REGULATIONS
(Sec. 70-340, LDR page CD70:16 as modified for a text amendment)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the
proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change
and its likely effects:
1. Are not contrary to Comprehensive Plan requirements.
2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected.
3. Will not have an adverse effect on the public interest.
4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning
districts affected, and is not contrary or detrimental to urbanizing land use patterns.
5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of
other properties in the zoning district(s) affected or nearby thereto.
6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the
neighborhood.
7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services.
8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions.
Your responses to these findings should be as descriptive as possible. Attach additional pages as may be
necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate
it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or
denial.
LDR Amendment Application Page 3 of 3
Consider recommendation to the City Council to amend Land Development Regulations, ordinance no.
716 and as thereafter amended, and Chapter 90, Article III, zoning district regulations, code of
ordinances, City of Okeechobee, to approve the locating of medical marijuana dispensaries within the
municipal *40imits , in the category of Pr]M ' ' , Such facilities
shall be a permitted use in the following zoning districts: Light Commercial; Heavy Commercial; alM 1h Ctu1"�'��'L?.�
(� &M B siness District, subject to the provisions of Chapter 90. Further, any permit to establish such
a use shall be subject to all restrictions and conditions contained in Florida Statutes Ch. 381.986.
i�
rdnveuumcD1R )n17_131nr,ummMi Ann DA^CR—Gi
iAGENDA
. .. �.. ,
ACTION - DISCUSSION VOTE
VI. PUBLIC HEARING CONTINUED.
C. Consider LDR Text Amendment Petition No. 17 -002 -TA to approve the
Consider LDR Text Amendment Petition No. 17 -002 -TA to approve the locating of medical marijuana dispensaries
locating of medical marijuana dispensaries within the municipal limits, in
within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and
the category of retail store, retail service as a permitted use in the CLT,
CBD zoning districts.
CHV, IND and CBD zoning districts (Exhibit 3).
1. Presentation by City Attorney.
Chairperson Hoover yielded the floor to.Attomey Cook who briefly explained the City has two choices in regards to
medical marijuana businesses within the City limits. Either they are banned altogether or based on State
requirements, the permitted and special exception uses need to be considered the same as the City currently
regulates pharmacies. Although the City Council noted concern in permitting these types of businesses within the
City, it was stated the voters did approve this, so with that being said, the Council extended the moratorium for an
additional 180 days giving him time to come before this Board and obtain a recommendation on establishing the
zoning districts. They would be permitted within all the commercial zoning districts with the exception of Commercial
Professional Office and also be permitted in the Industrial Zoning District. The medical marijuana dispensaries would
be regulated and required to abide by all State Legislation. He also noted the County recently approved
dispensaries within their jurisdiction.
2. Public comments or questions from those in attendance, or submitted to
Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were
the Board Secretary.
none.
3. Disclosure of Ex -Parte Communications by the Board.
Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else
regarding the petition. There were none.
4. a) Consider a recommendation to the City Council to approve or deny
Motion and second offered by Members Baughman and McCreary to deny LDR Text Amendment Petition No.
Petition No. 17 -002 -TA.
17 -002 -TA for the locating of medical marijuana dispensaries within the municipal limits, in the category of retail
store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts.
b) Board discussion.
Chairperson Hoover asked whether there was any further discussion. There was none.
VOTE
HOOVER - NAY McCoy -NAY BATTON — NAY BAUGHMAN - YEA BRASS - YEA
JONASSAINT — NAY MCCREARY—YEA KEEFE—NIA O'BRIEN — NIA MOTION DENIED.
NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 6 OF 6
AGENDA ACTION DISCUSSION VOTE
VI. PUBLIC HEARING CONTINUED.
C. 4. a) Consideration of a recommendation to the City Council to approve or Motion and second offered by Members McCoy and Jonassaint to recommend approval to the City Council for LDR
deny Petition No. 17 -002 -TA continued. Text Amendment Petition No. 17 -002 -TA for the locating of medical marijuana dispensaries within the municipal
limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts.
b) Board discussion. Chairperson Hoover asked whether there was any further discussion. There was none.
c) Vote on motion. VOTE
HOOVER - YEA MCCOY - YEA BATTON — YEA BAUGHMAN - NAY BRASS - NAY
JONASSAINT—YEA MCCREARY—NAY KEEFE—NIA O'BRIEN — NIA MOTION CARRIED.
The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively January
16, 2018, 6:00 P.M.
CLOSE PUBLIC HEARING — Chairperson. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M.
VII. ADJOURNMENT — Chairperson.
Please take notice and be advised that when a person decides to appeal any decision made
by the Planning BoardlBoard of Adjustment and Appeals with respect to any matter considered
at this proceeding, he/she may need to insure that a verbatim record of the proceeding is
made, which record includes the testimony and evidence upon which the appeal is to be
based. General Services media are for the sole purpose of backup for official records.
ATTEST:
ratty m. bumeue, z)ecrerary
Dawn T. Hoover, Chairperson
There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:48 p.m.
INDEPENDENT
N E W S om` bm D I A 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 CountyFlorida, that the attached copy of
advertisement being a �t�1�aC (vrui ICS
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
I'A gku-)
Affiant further says that the said Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed before me tkiis
ST" day of CX `1 AD
Notary Public, State of Florida at Large
A r--� R
:�"r`�Bi''•. ANGIEBRIOGES
MY COMMISSION # FF 976149
EVIRE9:ApiU20.2020
^Fp ; ;i�".•� Bonded Thru NbIW ftk Underolm
OkeechobeNews
107 SW 17th Street; Suite D
'
Okeechobee, Florida 34974
863-763-31.3"4
8 Okeechobee News December 8, 2017
OHS boys basketball to
play first home game
By Richard Marion
5 and Glades Day 81-44 on Dec. 6.
Okeechobee News
So far in the 2017-2018 season,
The Okeechobee High School Brahmans
Okeechobee has dominated the statistics in
its district.
boys basketball team is set to play its first
Sophomore Jemal Davis leads the top
home game of the season on Dec. 8 against
scorers, averaging 19 points per game, with
the Centennial Eagles.
J-Quan Ferrol not far behind, averaging 17.3
The Eagles come into the game with a
points per game.
record of 2-1, beating Westwood and Jensen
Ferrol and Davis also lead in rebounds per
Beach while losing to South Fork on Dec. 6.
game this season, with Ferrol averaging 19
Okeechobee beat Centennial last year,
and Davis 13.
64-63. In the previous meeting between the
Defensively, Ferrol and junior Devon Free -
two teams, OHS junior J-Quan Ferrol had 14
man are tied with 11 steals each, averaging to
points and 12 rebounds, while senior Mal-
3.7 steals per game, while senior Kysell Rich-
colm Chambers had four steals.
ardson is third in the district with 10 steals.
The Brahmans are now at 4-0 and com-
The closest competitor is Bayside junior Kevin
ing off an appearance in the regional quar-
Sanchez with five steals thus far.
terfinals last year, so they're hoping to make
Meanwhile, OHS junior Tray Anthony
another playoff appearance this year.
leads the team with nine three -pointers made,
Okeechobee is on a four -win streak in the
with junior Blaine Keathley having made five
new season, with all the victories coming on
three -pointers.
the road. The Brahmans defeated Seminole
The Brahmans will look to continue both
Ridge 49-34 on Nov. 28, Lake Placid 83-38 on
their win streak and unbeaten streak at 4 p.m.
Nov. 30, Lincoln Park Academy 78-53 on Dec.
on Friday, Dec. 8, at Okeechobee High School.
News from Buckhead Ridge
By Raye Deusinger
Buckhead Ridge Community Association
A huge turnout, including many of our
Northern friends who have already returned,
filled the community center at Buckhead
Ridge on Nov. 30 for a social, rather than a
regular, meeting. Seven newcomers joined
those who meet regularly the last Thursday of
each month.
As alway, the potluck dinner, with chicken
supplied by the community association, was
an overflowing success.
Prior to the dinner, it was announced that
the next concealed -carry gun permit class will
take place Saturday, Jan. 13, at 9 a.m. at the
building just behind the fire house. The class
has a donation value of $20.
Glades County Commissioner Tim Stanley
addressed the group concerning the reservoir
the South Florida Water Management District
has proposed to be built across State Road 78
from Buckhead Ridge. It is to hold water to a
Church
celebrates
anniversary
Buckhead Ridge Baptist
Church celebrated five
years of service from
Pastor Arlen Cook and
his wife, Loretta. A recep-
tion was held in their hon-
or on Dec. 3. A good time
was had by all. Service
times are Sunday School
at 9:45 a.m., morning ser-
vice at 11 a.m., and eve-
ning service at 6 p.m. On
Wednesday, evening ser-
vice is at 6 p.m. Everyone
is welcome to join us.
depth of 15 feet, which would inundate the
Buckhead community, Lakeport and other ar-
eas to the south, should a break occur.
Mr. Stanley said that at the most recent
meeting concerning the reservoir, a contin-
gent from the Seminole Tribe brought up the
fact that Indian burial grounds as well as their
community would be affected by a breach if
the reservoir were built and such an incident
occurred. He urged attendance by Buckhead
Ridge residents, whether homeowners or not,
at the next meeting, which is set for Friday,
Dec. 8, at 10 a.m. at the SFWMD headquar-
ters on State Road 70 East just past the bridge
before the Agri -Civic Center. A petition against
the reservoir was circulated at the meeting.
All who live in BHR are invited to attend
these community meetings, which take
place the last Thursday of each month with
a potluck dinner at 6:30 p.m. followed by the
meeting. For more information, contact Daryl
Lewis at 863-467-1762.
Special to the Okeechobee News
NOTICE OF PROPOSED LAND
DEVELOPMENT REGULATION
TEXT AMENDMENTS
PUBLIC NOTICE: the City Council of the City of Okeechobee,
FL, will on Tues, December 19, 2017, at 6:00 PM, or
as soon thereafter possible, at City Hall, 55 SE 3rd Ave,
Okeechobee, FL, conduct a Public Hearing to consider First
Reading for proposed Ordinance into law:
No. 1163: 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
TO CHAPTER 90, SPECIFICALLY ARTICLE III
DISTRICTS AND DISTRICT REGULATIONS,
COMMENCING AT DIVISION 7; CREATING AN
ADDITIONAL PERMITTED USE FOR MEDICAL
MARIJUANA DISPENSARIES AS DEFINED AND
REGULATED PURSUANT TO FLORIDA STATUTES
CHAPTER 381.986 WITHIN THE FOLLOWING
PERMITTED USE SECTIONS: 90-252 LIGHT
COMMERCIAL, 90-282 HEAVY COMMERCIAL,
90-312 CENTRAL BUSINESS DISTRICT, 90-342
INDUSTRIAL; PROVIDING FOR AMENDMENTS
TO SAID FLORIDA STATUTES; PROVIDING FOR
CODIFICATION OF AMENDMENTS; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
The proposed Amendment may be viewed on the website,
cityofokeechobee.com, or at the Office of the City Clerk,
during normal business hours, Mon -Fri, 8 AM -4:30 PM, at
the address above.
ANY PERSON DECIDING TO APPEAL any decision made
by the City Council with respect to any matter considered
at this meeting will need to ensure a verbatim record of the
proceeding is made and the record includes the testimony
and evidence upon which the appeal will be based. In ac-
cordance 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 oppo-
sition 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
NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 5 OF 6
AGENDA 'I ,
ACTION -DISCUSSION -VOTE
VI. PUBLIC HEARING CONTINUED.
C. Consider LDR Text Amendment Petition No. 17 -002 -TA to approve the
Consider LDR Text Amendment Petition No. 17 -002 -TA to approve the locating of medical marijuana dispensaries
locating of medical marijuana dispensaries within the municipal limits, in
within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and
the category of retail store, retail service as a permitted use in the CLT,
CBD zoning districts.
CHV, IND and CBD zoning districts (Exhibit 3).
1. Presentation by City Attorney.
Chairperson Hoover yielded the floor to.Attorney Cook who briefly explained the City has two choices in regards to
medical marijuana businesses within the City limits. Either they are banned altogether or based on State
requirements, the permitted and special exception uses need to be considered the same as the City currently
regulates pharmacies. Although the City Council noted concern in permitting these types of businesses within the
City, it was stated the voters did approve this, so with that being said, the Council extended the moratorium for an
additional 180 days giving him time to come before this Board and obtain a recommendation on establishing the
zoning districts. They would be permitted within all the commercial zoning districts with the exception of Commercial
Professional Office and also be permitted in the Industrial Zoning District. The medical marijuana dispensaries would
be regulated and required to abide by all State Legislation. He also noted the County recently approved
dispensaries within their jurisdiction.
2. Public comments or questions from those in attendance, or submitted to
Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were
the Board Secretary.
none.
3. Disclosure of Ex -Parte Communications by the Board.
Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else
regarding the petition. There were none.
4. a) Consider a recommendation to the City Council to approve or deny
Motion and second offered by Members Baughman and McCreary to deny LDR Text Amendment Petition No.
Petition No. 17 -002 -TA.
17 -002 -TA for the locating of medical marijuana dispensaries within the municipal limits, in the category of retail
store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts.
b) Board discussion.
Chairperson Hoover asked whether there was any further discussion. There was none.
VOTE
HOOVER - NAY McCoy -NAY BATTON — NAY BAUGHMAN - YEA BRASS - YEA
JONASSAINT — NAY MCCREARY—YEA KEEFE—N/A O'BRIEN — N/A MOTION DENIED.
AGENDA
VI. PUBLIC HEARING CONTINUED.
C. 4. a) Consideration of a recommendation to the City Council to approve or
deny Petition No. 17 -002 -TA continued.
b) Board discussion.
c) Vote on motion.
CLOSE PUBLIC HEARING — Chairperson.
VII. ADJOURNMENT — Chairperson.
Please take notice and be advised that when a person decides to appeal any decision made
by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered
at this proceeding, he/she may need to insure that a verbatim record of the proceeding is
made, which record includes the testimony and evidence upon which the appeal is to be
based. General Services media are for the sole purpose of backup for official records.
ATTEST:
Patty M. Bumette, Secretary
Dawn T. Hoover, Chairperson
NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 6 OF 6
ACTION - DISCUSSION - VOTE
Motion and second offered by Members McCoy and Jonassaint to recommend approval to the City Council for LDR
Text Amendment Petition No. 17 -002 -TA for the locating of medical marijuana dispensaries within the municipal
limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts.
Chairperson Hoover asked whether there was any further discussion. There was none.
VOTE
HOOVER -YEA MCCOY - YEA BATTON — YEA BAUGHMAN - NAY BRASS - NAY
JONASSAINT —YEA MCCREARY — NAY KEEFE — NIA O'BRIEN — NIA MOTION CARRIED.
The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively January
16, 2018, 6:00 P.M.
CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M.
There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:48 p.m.
Okyde�l� bee News.
107 SW,1th Street, Su7xD_
Okeecl> bee, Florida M4
ANDEPENDENT "63`.: 763-313
NEWSMEDIA INC. NSA `
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 CountyFllor da, tat, the attached copy of
advertisement being a l (,X-C- NL-hCQ-
in the matter of ko'V-lt�i
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
1 ��'6-cli
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
advertisemen for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed before me this
9,'" day of NGT LE_ AD
Notary Public, State of Florida at Large
/1 t
MMEBRK)GES
W COWIMION W 916149
s' �g
EXPIRE8:ApdK202D
=•/�Oi il�
BN+VOV 11■y �1�rrUW1i V1Nq,�"{,[�
PUBLIC NOTICE
LAND DEVELOPMENT REGULATION TEXT AMENDMENT
ICE IS HEREBY GIVEN that a PUBLIC HEARING will be held bi
Gty of Okeechobee Planning Board, meeting as the Local PIN
KY on Thu, Nov. 16, 2017, 6 PM or as soon thereafter as pos
ty Hall, 55 SE 3rd Ave, Rm 200 Okeechobee, FL, to consider an
Input on amending the Code of Ordinances, Subpart B Land Dev
Petition No. 17 -002 -TA proposes to amend Land Development Regula-
tions, Ordinance No. 716 and as thereafter amended, and Chapter 90, Ar -
Ode III, Zoning District Regulations, Code of Ordinances, Oty of
Okeechobee, to approve the locating of medical marijuana dispensaries
within the munidpa1 limits, In the category of retail store, retail service.
Such facilites shall be a permitted use in the following tonin districts:
Light Commerdal (CLTsbi); Heavv)yy)�� Commer -a' (cHthepu); industrial INpD); and
Further, any permit to est0.
ess(abli such a use shall be )visions
all tr�ic-
bons and conditions contained In Florida Stables 381.98.
The proposed amendment may be reviewed at the address above during
regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The
public is encouraged to attend.
The Planning Board will issue a recommendation on Petition No. 17 -002 -TA
that will be forwarded to thenal for consideration at the December
19, 2017, and January 16, 2018, meetings.
ANY PERSON DECIDING TO APPEAL curry decision made by the Planning
Board with respect to any mater considered at this meeting will need to en-
sure a verbatim record of the proceeding Is made and the record Includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabllites Ad ADA), any person with a
disability as defined by the ADA, that needs s al accommodation to par-
tdpate in this proceeding, contact. the Genera Services Office no later than
two business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Planning Board in support or opposition to any dem on the
agenda; a copy of the document, picture video, or dem must be provided
ttgoyythe Board Secretary for the City's recons.
X Zoning Ad 8/2Administrator
Marcos Montes De Oca, Petition No. 17 -002 -TA
987 ON
�..
0
Okeechltsee Newsy
h
107 SW 17t€t��et, Suite'`I? , ''_r
MW ME wA&RE D:._
'Amf T
W W E6M Mw
Okeechobee,Qrida 34974 :2��
863-76 �4
NEWSNEDIA INC* USA 71rr"r
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, F orida, th Ut ithe attached copy of
advertisement being a
in the matter of w% I- 1
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
o I -A'�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 before me this
3Lftt day of GCIOEe V' 1201 AD
Notary Public, State of Florida at Large
EE--,-7
ANGIE BRIDGES
WWMMISSION#FF976149
EXPIRES: April 20 2020
,' Bo�� TNt Notw Ptf* l!(1dBrVItM
-.i PUBLIC NOTICE
.LAND DEVELOPMENT REGULATION, TEXT AMENDMENT
NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be-
fore the City of Okeechobee Planning Board, meeting as the local Planning
Agency on Thu, Nov. 16, 2017,6 PM or az soon thereafter as possible,
at City Hal, SS SE 3rd Ave, Run 200, Oleeecihobee, Fl, to consider and re-
ceive Input on amending the Code of ordinances, Subpart B land Develop-
ment ReguWttons.
Petition No. 17-002TA proposes bo amend land Development Regula•
tions, Ordinance No. 716 and az thereafter arr!ld, and p[er 90, Ar-
tlde IIt Inning Dtstrid Regulations, Code of Ordtrwnces, City of
Okeedh to approve the bating of,medical marijuana dispensaries
within the municipal limits, In the category of retail store, retai0l service.
Such faolities steal be a "tied use in time fol dist cts:
Ught Commercial (QT); Hea Commercial (CHV); In ustrial IND); and
Cental Business OCLiR (CBD , subject to the p 6o ons of ter 90.
Further, any permit to establ' such a use shall be subject to all restric-
tions and conditions contained in Florida Statutes 381.986.
The proposed amendment may be reviewed at the address above during
re lar- business hours, Mon -Fri, B AM -4:30 PM, except for holidays. The
pu is Is encouraged to attend.
The =Board will Issue a recommendation on Petition No. 17.002 TA
that will be forwarded to the City Council for consideration at the December
19, 2017, and January 16, 2018, meetings.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning
Board with respect to any matter considered at this meeting will need to en-
sure a verbatim record of the proceeds,& Is made and the record Includes
the=— and evidence upon which the appeal will be based. In aecor-
daM the Americans with DtsabOAfes Act (ADA), any person with a
disability az defined W the AD0. that nttds svecial aeconmadatlon b par-
t XbusinessBdays p Ir
edl to Proceeding,
� 863rhera1Services Office Eon
than
72.
BE ADVISED that should you Intend to show any document, picture, video
or Items to the Planning Board in support or oppasbon to carry item on the
agenda a Copy of the document picture video, or Item must be provided
to Ne board Secretary for the Chtys records.
By:Inning Administrator Marcos Montes De Oa, Petition No. 17-002 TA
zsll 10/29/2017;
CITY OF OKEECHOBEE, Office of the City Clerk
55 SE 3rd Avenue, Okeechobee, FL 34974
Email Transmittal 863-763-3372 x 9814
To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept.
Attention: Janet Levy, jlevy@newszap.com
From: Bobbie Jenkins, Deputy Clerk, bjenkins@cityofokeechobee.com
Ad Type: Legal I I Publish On: Sun 10/29/17 Proof of Affidavit(s): 1
Authorized By: Date: ID 1-,Qobon
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. 16, 2017, 6 PM, or as soon thereafter as possible,
at City Hall, 55 SE 3`d Ave, Rm 200, Okeechobee, FL, to consider and receive input on amending the Code of
Ordinances, Subpart B Land Development Regulations.
Petition No. 17 -002 -TA proposes to amend Land Development Regulations, Ordinance No. 716
and as thereafter amended, and Chapter 90, Article III, Zoning District Regulations, Code of
Ordinances, City of Okeechobee, to approve the locating of medical marijuana dispensaries
within the municipal limits, in the category of retail store, retail service. Such facilities shall be a
permitted use in the following zoning districts: Light Commercial (CLT); Heavy Commercial
(CHV); Industrial (IND); and Central Business District (CBD), subject to the provisions of
Chapter 90. Further, any permit to establish such a use shall be subject to all restrictions and
conditions contained in Florida Statutes 381.986.
The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8
AM -4:30 PM, except for holidays. The public is encouraged to attend.
The Planning Board will issue a recommendation on Petition No. 17 -002 -TA that will be forwarded to the City
Council for consideration at the December 19, 2017, and January 16, 2018, meetings.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter
considered at this meeting will need to 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. 17 -002 -TA
Email Date/Time:
Ad/Order #
Amount:
Proofed By.
Date to Finance:
Draw #:
PO #:
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. 16, 2017, 6 PM, or as soon thereafter as possible,
at City Hall, 55 SE 3`d Ave, Rm 200, Okeechobee, FL, to consider and receive input on amending the Code of
Ordinances, Subpart B Land Development Regulations.
Petition No. 17 -002 -TA proposes to amend Land Development Regulations, Ordinance No. 716
and as thereafter amended, and Chapter 90, Article III, Zoning District Regulations, Code of
Ordinances, City of Okeechobee, to approve the locating of medical marijuana dispensaries
within the municipal limits, in the category of retail store, retail service. Such facilities shall be a
permitted use in the following zoning districts: Light Commercial (CLT); Heavy Commercial
(CHV); Industrial (IND); and Central Business District (CBD), subject to the provisions of
Chapter 90. Further, any permit to establish such a use shall be subject to all restrictions and
conditions contained in Florida Statutes 381.986.
The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8
AM -4:30 PM, except for holidays. The public is encouraged to attend.
The Planning Board will issue a recommendation on Petition No. 17 -002 -TA that will be forwarded to the City
Council for consideration at the December 19, 2017, and January 16, 2018, meetings.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter
considered at this meeting will need to 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. 17 -002 -TA
CITY OF OKEECHOBEE, Office of the City Clerk
55 SE 3rd Avenue, Okeechobee, FL 34974
Email Transmittal 863-763-3372 x 9814
To: Independent Newspapers, Inc. — Okeechobee News — Ad Dept.
Attention: Janet Levy, jlevy@newszap.com
From: Bobbie Jenkins, Deputy Clerk, bjenkins@cityofokeechobee.com
Ad Type: Legal Publish On: Wed 11/8/17 Proof of Affidavit(s): 1
Authorized By: Date: 2!
Email Date/Time:
Ad/Order #
Amount:
Proofed By:
Date to Finance:
Draw #:
PO #:
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. 16, 2017, 6 PM, or as soon thereafter as possible,
at City Hall, 55 SE 3`d Ave, Rm 200, Okeechobee, FL, to consider and receive input on amending the Code of
Ordinances, Subpart B Land Development Regulations.
Petition No. 17 -002 -TA proposes to amend Land Development Regulations, Ordinance No. 716
and as thereafter amended, and Chapter 90, Article III, Zoning District Regulations, Code of
Ordinances, City of Okeechobee, to approve the locating of medical marijuana dispensaries
within the municipal limits, in the category of retail store, retail service. Such facilities shall be a
permitted use in the following zoning districts: Light Commercial (CLT); Heavy Commercial
(CHV); Industrial (IND); and Central Business District (CBD), subject to the provisions of
Chapter 90. Further, any permit to establish such a use shall be subject to all restrictions and
conditions contained in Florida Statutes 381.986.
The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8
AM -4:30 PM, except for holidays. The public is encouraged to attend.
The Planning Board will issue a recommendation on Petition No. 17 -002 -TA that will be forwarded to the City
Council for consideration at the December 19, 2017, and January 16, 2018, meetings.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter
considered at this meeting will need to 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. 17 -002 -TA
EX h 161+- 3
7 - REGULAR MEETING - PAGE 2 OF 9
AGENDA COUNCILACTION- DISCUSSION - VOTE
V. PROCLAMATIONS AND PRESENTATIONS - Mayor
j� A. Present a Five -Year Service Award to Cody Rodriguez, Public Works On behalf of the City, Mayor Watford and Public Works Director Allen presented Mr. Cody Rodriguez, who was
Maintenance Operator. accompanied by his wife Andrea and daughters, Aria and Alleigha, with an engraved cross pen and a framed
certificate which read, "In recognition of your 5 -years of service, hard work, and dedication to the City, its
citizens, and your fellow employees from October 5, 2012 to October 5, 2017."
ITEM ADDED TO AGENDA: B. Acceptance of ballistic shields from Palm
Beach County Sheriff's Office - City Administrator.
VI. MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of Council
Action for the September 25, 2017, Special Meeting and the October 3,
2017, Regular Meeting.
VII. WARRANT REGISTER - City Administrator
A. Motion to approve the September 2017 Warrant Register:
GeneralFund..........................................................................$482,828.92
Public Facilities Improvement Fund ........................................$ 33,813.88
Other Grants Fund (Community Development Block Grant -Economic) ...... $ 57,481.10
Capital Improvement Projects Fund .......................................$ 54,585.99
Law Enforcement Special Fund ..............................................$ 75.00
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor
A.1.a) Motion to read proposed Ordinance No. 1160 by title only, extending
the moratorium on medical marijuana businesses for 180 days; - City
Administrator (Exhibit 1).
b) Vote on motion to read by title only.
Distributed at the meeting was a copy of a Donation Agreement between Palm Beach County Sheriff Ric L. Bradshaw
and the City Police Department for the acceptance of two Protech Ballistic Shields. Administrator MontesDeOca
contacted the Palm Beach Sheriffs Department and was able to acquire the donation of these times. A letter will be
sent to Sheriff Bradshaw expressing the City's gratitude.
Consideration for approving the minutes was withdrawn from the agenda.
Council Member O'Connor moved to approve the September, 2017 Warrant Register in the amounts: General Fund,
four hundred eighty-two thousand, eight hundred twenty-eight dollars and ninety-two cents ($482,828.92); Public
Facilities Improvement Fund, thirty-three thousand, eight hundred thirteen dollars and eighty-eight cents
($33,813.88); Other Grants Fund (Community Development Block -Economic Account), fifty-seven thousand, four
hundred eighty-one dollars and ten cents ($57,481.10); Capital Improvement Projects Fund, fifty-four thousand, five
hundred eighty-five dollars and ninety-nine cents ($54,585.99); and Law Enforcement Special Fund, seventy-five
dollars and zero cents ($75.00); seconded by Council Member Ritter. There was no discussion on this item.
VOTE:
WATFORD - YEA CHANDLER -YEA CLARK - YEA
O'CONNOR m YEA RITTER ®YEA MOTION CARRIED.
MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M.
Council Member Chandler moved to read proposed (Emergency) Ordinance No. 1160 by title only, extending the
moratorium on medical marijuana businesses for 180 days; seconded by Council Member Clark.
VOTE:
WATFORD -YEA CHANDLER - YEA CLARK - YEA
O'CONNOR- YEA RITTER-YEA MOTION CARRIED.
OCTOBER 3. 2017 - REGULAR MEETING - PAGE 3 OF 9
AGENDA
COUNCIL ACTION - DISCUSSION -VOTE
VIII. PUBLIC HEARING CONTINUED
A.1.c) City Attorney to read proposed Ordinance No. 1160 by title only.
Attorney Cook read proposed Ordinance No. 1160 by title only as follows: "AN EMERGENCY ORDINANCE
ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.
1146, ENACTING A MEDICAL MARIJUANA MORATORIUM, AND AMENDED BY ORDINANCE NO. 1153
EXTENDING DATE OF MORATORIUM; PROVIDING FOR AN EXTENSION OF 180 DAYS; PROVIDING FOR A
SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE."
2.a) Motion to adopt proposed Ordinance No. 1160.
Motion and second by Council Members Clark and Chandler to adopt proposed Emergency Ordinance No. 1160.
b) Public discussion and comments.
Mayor Watford asked whether there were any questions or comments from the public. There were none. Attorney
Cook explained, the Ordinance had to be done on an emergency basis as there was not sufficient time to conduct
two readings prior to the expiration of the moratorium. From here, the City Council needs to instruct him to draft an
Ordinance prohibiting these businesses or placing it on the Planning Board agenda to obtain a recommendation
from them to amend the Land Development Regulations (LDR's). Based on State requirements, the permitted and
special exception uses have to be considered the same as the City currently regulates pharmacies.
c) Vote on motion.
Council Members Chandler, Ritter, and Clark noted in agreement to proceed with an amendment to the Land
Development Regulations to allow medical marijuana businesses within the City. Although both Council Members
Ritter and Clark noted they would have rather the State Legislation require a certified pharmacist be required to
dispense the product. Council Member O'Connor objected to these businesses being permitted. Mayor Watford also
noted his concern with allowing these types of businesses, stating he understood the arguments, that the voters
approved this, and that it can be beneficial for some people. However, he disagreed with the way the State
Legislation handled the matter and it is obvious that the ground floor is being laid for recreational marijuana use to
eventually be adopted.
There being no further discussion, Mayor Watford reiterated, the motion on the floor is to adopted proposed
Emergency Ordinance No. 1160 which will extend the moratorium and give Attorney Cook sufficient time to present
LDR text amendments to the Planning Board and obtain a recommendation on establishing which zoning districts
the medical marijuana dispensaries will be permitted. The text amendment will then come before the City Council for
first reading and final adoption.
VOTE:
WATFORD s YEA CHANDLER -YEA CLARK -YEA
O'CONNOR-YEA RITTER-YEA MOTION CARRIED.
CLOSE PUBLIC HEARING - MAYOR I MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:24 P.M.
August 9, 2017
MEMO
Marijuana moratorium
I attach a short memo as to the status of regulation of medical marijuana in Florida; as you are
aware, the county commission has the item on its agenda for August 10. Our moratorium expires the e A0('
' middle-of-Septen4ber, so we need to make that an agenda item ferthe-Sept berlj-meeting. Our first
1
consideration should be, is the city interested in totally banning dispensing facilities within the City,
which is permitted in the legislation. If we do not do so, we cannot limit the number of dispensing
facilities, or regulate them any stricter than we currently regulate pharmacies. In reality, the total
number of facilities will be regulated by the state in regions they have established. We are located in the
Southwest region, which includes Charlotte, Collier, DeSoto, Glades, Hendry, Highlands, Hillsborough,
Lee, Manatee, and Sarasota counties, so, it is unlikely the companies will be too interested in locating in
the smaller counties, but certainly it is possible.
If you want to review the entire statute, I can provide a copy, or look it up on line at ch.381.986,
a 31 page document.
JCook
City Attorney
ADDENDUM TO 2017 LEGISLATIVE UPDATE
Florida Municipal Attorneys Association Seminar
Rebecca O'Hara, Assistant General Counsel, Florida League of Cities
Implementation of Medical Marijuana Constitutional Amendment,
s. 29, Article X, Florida Constitution
SB 8-A (Bradley)
Chapter 2017-232, Laws of Florida
The "Compassionate Medical Cannabis Act of 2014" ("Act") authorized the use of low -
THC cannabis for patients suffering from cancer or a condition that chronically produces
seizures or severe and persistent muscle spasms. The Act directed the Florida
Department of Health ("DOH") to approve "Dispensing Organizations" to cultivate,
produce and dispense low -THC cannabis to qualifying patients. In addition, the Act
directed DOH to create an electronic "compassionate use registry" for the registration and
verification of physicians and patients. The DOH established processes and criteria for
the approval of Dispensing Organizations. Five Dispensing Organizations were
approved. The "Right to Try Act" was adopted in 2016. It included high -THC products
within the list of treatments for patients with terminal illness.
In November 2016, Florida voters approved Amendment 2, which legalizes medical
marijuana for individuals with specific debilitating diseases or conditions, as determined
l by a licensed Florida physician. S138 -A, passed in special legislative session in June
2017, purports to implement Amendment 2. The bill:
• Exempts the sale of marijuana and marijuana delivery devices from the sales tax.
• Authorizes DOH to promulgate emergency rules necessary for implementation.
• Changes the name of the Compassionate Use Registry to the Medical Marijuana
Use Registry and requires DOH to issue ID cards to patients and caregivers. The
online registry is used for physicians, patients, and MMTCs to verify authorization
of patient or caregiver. It must be accessible by practitioners licensed to prescribe
prescription drugs to determine potential drug interactions.
• Establishes qualifications and requirements for physicians, including issuance of
certifications to qualifying patients:
o Physical examination;
o Determination that patient has a qualifying condition;
o Determination that benefits of marijuana use outweigh health risks;
o Specifying length of time marijuana use is recommended for patient;
o Re-evaluate patients at least every 30 weeks;
o May not issue certification for more than three 70 -day supply limits of
marijuana (DOH to quantify by rule the dosage used to determine the
amount needed for a 70 -day supply).
• Establishes qualifications and requirements for caregivers.
• Establishes qualifications for patients. Qualifying medical conditions for patients
include: cancer; epilepsy; glaucoma; HIV; AIDS; PTSD; ALS; Crohn's disease;
Parkinson's disease; Multiple sclerosis; Terminal conditions; Chronic
nonmalignant pain; or medical conditions of the same kind or class, or comparable
to the enumerated conditions.
o Form — smoking remains prohibited
o Use — prohibited on forms of public transportation and in any public place,
or grounds of any preschool, primary or secondary school
o Qualifying patients must be Florida resident or a seasonal Florida resident
(defined in bill and determined by DOH)
Employers:
o Employers are not required to accommodate the use of medical marijuana
in the workplace and are not required to permit any employees to work while
under the influence of marijuana.
o Does not limit drug free workplace policies.
o The bill specifies that it does not create a cause of action for wrongful
discharge or discrimination.
o The bill specifies that marijuana is not a reimbursable expense under
Florida's Worker Compensation law.
Establishes requirements for Medical Marijuana Treatment Centers ("MMTCs"):
o Grandfathers existing Dispensing Organizations as MMTCs.
o By October 3, 2017, DOH must license 10 applicants that meet licensing
requirements.
o An additional 4 MMTCs will be licensed within 6 months of the registry
reaching 100,000 patients. Four additional MMTCs will be licensed within
6 months of each additional 100,000 patients on the registry. )
o Requires use of product tracking technology ("Seed-to-sale").
o Future MMTCs must be capable of cultivating, processing, transporting and
dispensing ("vertical integration").
o Ownership of MMTC, may be transferred to another entity that otherwise
meets the criteria required to possess a license.
Establishes requirements for MMTC dispensing facilities:
o May not establish or operate more than 25 dispensing facilities unless the
registry reaches more than 100,000 patients. At that time, the maximum
number of dispensing facilities per MMTC increases by 5 (and will increase
again by 5 each time the registry reaches an additional 100,000 patients).
o Divides the state into regions for allocating dispensing facilities. DOH is
required to determine the number of dispensing facilities per region based
on a function of population and an MMTC's total number of statewide
dispensing facilities.
o An MMTC may sell dispensing slots to another MMTC under limited
conditions.
Establishes requirements for packaging, labeling, advertising and signage:
o Packaging must clearly identify the name of the MMTC, batch and harvest
number, name of patient, name of certifying physician, product name,
dosage, and include a patient insert.
o Edible forms must be individually sealed in opaque wrapping marked to
indicate contents, and must contain a list of ingredients and a prominent
warning to keep away from children.
o Specifies information that MMTCs must disclose on their websites, including
information on form, strain, and strength of products, and prices of product
and delivery devices.
o Prohibits advertising that is visible from a public space except for a sign with
the MMTC's trade name and other limited information (DOH approved).
o Internet advertising is permitted with approval from DOH.
• Preempts the regulation of the cultivation and processing of medical marijuana to
the state (Pages 50-51 of the bill).
o An MMTC cultivating or processing facility may not be located within 500
feet of a public or private elementary, middle or secondary school.
o A dispensing facility may not be located within 500 feet of a public or private
elementary, middle or secondary school unless the applicable local
government determines the location promotes the public health, safety, and
general welfare.
• Allows local governments to ban dispensing facilities (Pages 50-51 of the bill).
• If a local government does not ban dispensing facilities, it may not place any
restrictions on the number of facilities allowed and may not adopt any regulations
or fees for facilities that are more stringent than its regulations applicable to
pharmacies. A local government may require that facilities comply with the Florida
Building Code and the Florida Fire Code. (Pages 50-51 of the bill)
• Dispensing facility locations approved by a local government pursuant to s.
381.986(8)(b), F.S. (2016), are not subject to the location requirements of this
`� subsection.
0
DIVISION 7. -LIGHT COMMERCIAL (CLT) DISTRICTU
Footnotes:
--- (3) ---
Cross reference— Businesses, ch. 14.
Sec. 90-251. - Generally.
(a) Light commercial (CLT) zoning districts shall be permitted only on land designated as future land
use category commercial in the comprehensive plan.
(b) Uses in light commercial (CLT) zoning districts shall be subject to the regulations of this division.
(LDR 1998, § 370)
Sec. 90-252. - Permitted uses.
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.
(LDR 1998, § 371; Ord. No. 1070, § 2,1-18-2011; Ord. No. 1119, § 2,2-17-2015; Ord. No. 1130,
4 3,1-19-2016)
Sec. 90-253. - Special exception uses.
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) Free-standing drive -up ATM which is owned and operated by a bank or other financial
institution with an office located in Okeechobee County.
(21) Alcohol and drug rehabilitation center/detox center.
(22) Recovery center/sober home.
(LDR 1998, § 372; Ord. No. 962, § 1, 12-5-2006; Ord. No. 1008, § 2, 2-19-2008; Ord. No. 1067,
§ 1, 9-14-2010; Ord. No. 1079, § 6, 1-17-2012; Ord. No. 1119, § 3, 2-17-2015; Ord. No. 1127, § 3,
9-28-2015 ; Ord. No. 1130. § 4, 1-19-2016 )
Sec. 90-254. - Customary accessory uses.
Each permitted principal use and special exception use in the CLT district is also permitted to have
the customary accessory uses for that use.
(LDR 1998, § 373)
Sec. 90-255. - Lot and structure requirements.
Except where further restricted by these regulations for a particular use, the minimum lot and
structure requirements in the CLT district shall be as follows:
(1) Minimum lot area.
All uses: Area 6,250 square feet
Width 50 feet
,(2) Minimum yard requirements.
Except where a greater distance is required by these regulations for a particular use, the minimum
yard setbacks shall be as follows:
(LDR 1998, § 374)
Sec. 90-256. - Additional regulations.
Additional regulations which shall apply to all uses in the CLT district include, but are not limited to:
(1) Concurrency regulations.
(2) Parking and loading regulations.
(3) Landscaping regulations.
(4) Sign regulations.
(5) Accessory use regulations.
(6) Supplementary use regulations.
(7) Environmental and stormwater regulations.
20 feet to buildings; ten feet to parking and
a.
All uses: Front
driveway
i
Eight feet; 20 feet abutting residential zoning
Side
district
Ten feet; 20 feet abutting a residential zoning
Rear
district
b.
The width of an adjacent street or alley may be applied to the increased setback required
when abutting a residential district.
1 (3)
i
Maximum lot coverage by all buildings.
Maximum Impervious
Maximum Coverage
Surface
All uses:
50 percent
85 percent
(4)
Maximum height of
structures.
Except where further restricted by these regulations for a particular use, the maximum height shall
be as follows: All uses shall be 45 feet, unless a special exception is granted.
(LDR 1998, § 374)
Sec. 90-256. - Additional regulations.
Additional regulations which shall apply to all uses in the CLT district include, but are not limited to:
(1) Concurrency regulations.
(2) Parking and loading regulations.
(3) Landscaping regulations.
(4) Sign regulations.
(5) Accessory use regulations.
(6) Supplementary use regulations.
(7) Environmental and stormwater regulations.
(8) Utilities regulations.
(LDR 1998, § 375)
Secs. 90-257-90-280. - Reserved.
DIVISION 8. - HEAVY COMMERCIAL (CHV) DISTRICTU `
Footnotes:
--- (4) ---
Cross reference— Businesses, ch. 14.
Sec. 90-281. - Generally.
(a) Heavy commercial (CHV) zoning districts shall be permitted only on land designated as future land
use category commercial in the comprehensive plan.
(b) Uses in heavy commercial (CHV) zoning districts shall be subject to the regulations of this division.
(LDR 1998, § 380)
Sec. 90-282. - Permitted uses.
The following principal uses and structures are permitted in the CHV district:
(1) Professional office, business office, medical office.
(2) Retail service, retail store including outdoor display of merchandise.
(3) Restaurant, take-out restaurant, cafe.
(4) Personal service.
(5) Dry cleaner/laundry, laundromat.
(6) Funeral home.
(7) Hotel, motel.
(8) Private club, nightclub.
(9) Craft studio.
(10) Business school.
(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.
(LDR 1998, § 381; Ord. No. 1070, § 2, 1-18-2011; Ord. No. 1079, § 6, 1-17-2012; Ord. No. 1119
§ 4, 2-17-2015; Ord. No. 1130, 5, 1-19-2016 )
Sec. 90-283. - Special exception uses.
The following uses and structures are permitted in the CHV district after issuance of a special
exception use petition and may have additional conditions imposed at the time of approval:
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Wholesale, warehouse not including bulk storage of flammable liquids.
(4) Enclosed warehouse and storage.
(5) Outdoor sales and storage, building trades contractor.
(6) Flea market.
(7) Mechanical and repair services.
(8) Commercial outdoor recreation.
(9) Veterinary service.
(10) Crematory.
(11) Marina, dock, pier.
(12) Recreational vehicle park, for transient recreation use.
(13) Radio, television or cable reception, transmission or operational facilities.
(14) Public facility or use.
(15) Public utility.
(16) Permitted uses in excess of 45 feet in height.
(17) One dwelling unit per commercial building.
(18) Outdoor vehicle sales lot.
(19) House of worship.
(20) Hospitals, which means in patient hospital care.
(21) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5).
(22) Nursing homes.
(23) Free-standing drive -up ATM which is owned and operated by a bank or other financial
institution with an office located in Okeechobee County.
(24) Alcohol and drug rehabilitation center/detox center.
(25) Convenience store with fuel pumps.
(26) Retail pool supplies and equipment (including storage of chemicals for use and/or retail sale).
(27) Water treatment services (including storage of chemicals for use and/or retail sale).
(28) Pest control (including storage of chemicals for use and/or retail sale).
(LDR 1998, § 382; Ord. No. 867, § 1, 8-17-2004; Ord. No. 962, § 1, 12-5-2006; Ord. No. 1008,
§ 3, 2-19-2008; Ord. No. 1067, § 2, 9-14-2010; Ord. No. 1127, § 4, 9-28-2015 ; Ord. No. 1130, § 6,
1-19-2016)
Sec. 90-284. - Customary accessory uses.
Each permitted principal use and special exception use in the CHV district is also permitted to have
the customary accessory uses for that use.
(LDR 1998, § 383)
Sec. 90-285. - Lot and structure requirements.
Except where further restricted by these regulations for a particular use, the minimum requirements
for lots and structures in the CHV district shall be as follows:
(1)
Minimum lot area.
All uses: Area 6,250 square feet
Width 50 feet
(2)
Minimum yard requirements.
Except where a greater distance is required by these regulations for a particular use, the minimum
yard setbacks shall be as follows:
a. All uses: Front 20 feet to buildings; ten feet to parking and
driveway
Eight feet; 20 feet abutting residential zoning
Side
district
Ten feet; 20 feet abutting a residential zoning
Rear
district
The width of an adjacent street or alley may be applied to the increased setback required
b.
when abutting a residential district.
(3)
Maximum lot coverage by all buildings.
Maximum Impervious
Maximum Coverage
Surface
All uses:
50 percent
85 percent
(4) Maximum height of
structures.
Except where further restricted by these regulations for a particular use, the maximum height shall
be as follows: All uses shall be 45 feet, unless a special exception is granted.
(LDR 1998, § 384)
Sec. 90-286. - Additional regulations.
Additional regulations which shall apply to all uses in the CHV district include, but are not limited to:
(1) Concurrency regulations.
(2) Parking and loading regulations.
(3) Landscaping regulations.
(4) Sign regulations.
(5) Accessory use regulations.
(6) Supplementary use regulations.
(7) Environmental and stormwater regulations.
(8) Utilities regulations.
(LDR 1998, § 385)
Secs. 90-287-90-310. - Reserved.
DIVISION 9. - CENTRAL BUSINESS (CBD) DISTRICTU
Footnotes:
MEM
Cross reference— Businesses, ch. 14.
Sec. 90-311. - Generally.
(a) Central business (CBD) zoning districts shall be permitted only on land designated as future land
use category commercial in the comprehensive plan.
(b) Uses in central business (CBD) zoning districts shall be subject to the regulations of this division.
(LDR 1998, § 390)
', Spec. 90-312. - Permitted uses.
The following principal uses and structures are permitted in the CBD district:
(1) Professional office, business office, medical office.
(2) Retail service, retail store including outdoor display of merchandise.
(3) Restaurant, cafe.
(4) Personal service.
(5) Dry cleaner, laundry.
(6) Private club, nightclub.
(7) Craft studio.
(8) Business school.
(9) Commercial indoor recreation.
(10) Commercial parking garage or lot.
(11) Storefront church located in a unit in a multi -use building or shopping center.
(LDR 1998, § 391; Ord. No. 1070, § 2, 1-18-2011)
Sec. 90-313. - Special exception uses.
The following uses and structures are permitted in the CBD district after issuance or a special
exception use petition and may have additional conditions imposed at the time of approval:
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Radio, television or cable reception, transmission or operational facilities.
(4) Mechanical and repair services.
(5) House of worship.
(6) Marina, dock, pier.
(7) Public facility or use.
(8) Public utility.
(9) Permitted uses in excess of 45 feet in height.
(10) One dwelling unit per commercial building.
(11) Outdoor vehicle sales lot.
(12) Free-standing drive -up ATM which is owned and operated by a bank or other financial
institution with an office located in Okeechobee County.
(LDR 1998, § 392; Ord. No. 962, § 1, 12-5-2006; Ord. No. 1127, § 5, 9-28-2015 )
Sec. 90-314. - Customary accessory uses.
Each permitted principal use and special exception use in the CBD district is also permitted to have
the customary accessory uses for that use.
(LDR 1998, § 393)
Sec. 90-315. - Lot and structure requirements.
Except where further restricted by these regulations for a particular use, the minimum lot and
structure requirements in the CBD district shall be as follows:
(1) Minimum lot area.
All uses:
Area As needed to comply with requirements set out in
this division.
Width None
(2) Minimum yard
requirements. i
I
Except where a greater distance is required by these regulations for a particular use, the minimum
yard setbacks shall be as follows:
a. j All uses: i Front
b
(3)
None
Side None or at least eight feet; 20 feet abutting
- residential zoning district
Rear None; 20 feet abutting a residential zoning district
The width of an adjacent street or alley may be applied to the increased setback required
when abutting a residential district.
Maximum lot coverage by all buildings.
Maximum Maximum Impervious
Coverage Surface
All uses: 1 85 percent
Maximum height of
(4)( structures.
100 percent
Except where further restricted by these regulations for a particular use, the maximum height shall
be as follows: All uses shall be 45 feet, unless a special exception is granted.
(5) !Maximum floor area ratio. All uses shall be 3 feet.
(LDR 1998, § 394)
Sec. 90-316. - Additional regulations.
The following additional regulations shall apply to all uses within this district. In the event an
applicant cannot comply with any additional regulation due to the requirements in section 90-315, such
applicant may, in conjunction with the site plan review by the technical review committee, request a
waiver of any such additional regulation.
Additional regulations which shall apply to all uses include but are not limited to
(1) Concurrency regulations.
(2) Parking and loading regulations.
(3) Landscaping regulations.
(4) Sign regulations.
(5) Accessory regulations.
(6) Supplementary regulations.
(7) Environmental and stormwater regulations.
(8) Utilities regulations.
(9) Building design guidelines.
(LDR 1998, § 395; Ord. No. 816, § 1, 2-4-2003; Ord. No. 1079, § 7, 1-17-2012)
Secs. 90-317-90-340. - Reserved.
DIVISION 10. - INDUSTRIAL (IND) DISTRICTU
Footnotes:
--- (6) ---
Cross reference— Businesses, ch. 14.
Sec. 90-341. - Generally.
(a) Industrial (IND) zoning districts shall be permitted only on land designated as future land use
category industrial in the comprehensive plan.
(b) Uses in industrial (IND) zoning districts shall be subject to the regulations of this division.
(LDR 1998, § 400)
*%K>-90-342. - Permitted uses. t
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).
(LDR 1998, § 401; Ord. No. 1070, § 2, 1-18-2011; Ord. No. 1079, § 8, 1-17-2012; Ord. No. 1108
§ 5, 3-18-2014; Ord. No. 1130, 4 7,1-19-2016 )
Sec. 90-343. - Special exception uses.
The following uses and structures are permitted in the IND district after issuance of a special
exception use petition and may have additional conditions imposed at the time of approval:
(1) Manufacturing chemical or leather products.
(2) Bulk storage of hazardous material and flammable liquid.
(3) Salvage yard.
(4) Other industrial uses not listed.
(5) Reserved.
(6) Crematory.
(7) Fortuneteller.
(8) Permitted uses in excess of 45 feet in height.
(9) Outdoor vehicle sales lot.
(10) Adult entertainment:
a. Notwithstanding any other provision of this Code, adult entertainment establishments
subject to article V, chapter 14 of subpart A of this Code may not be permitted in any area
of the city except as permitted within the industrial district within the provisions and
conditions of this Code.
b. Distance minimums. In addition to subsection (10)a of this section, an adult establishment
shall not be permitted to open, operate, or be enlarged so as to come within the following
distances:
1. One thousand feet of a permitted, preexisting adult entertainment establishment;
2. One thousand feet of a preexisting commercial establishment that in any manner sells
or dispenses alcoholic beverages for on -premises or off -premises consumption;
3. One thousand feet of a preexisting religious institution;
4. One thousand feet of a preexisting educational institution, or library;
5. Five hundred feet of an area zoned for residential uses;
6. One thousand feet of a park, whether improved or not;
7. Two hundred feet of a preexisting government facility, and any halfway house.
(11) Rehabilitation or half -way homes.
a. That as provided in Ordinance No. 967, and included in section 38-43, rehabilitation
facilities or half -way homes for treatment and rehabilitation of sexual offenders shall be a
special exception use in industrial zoning categories, subject to the following restrictions.
b. That any such facility shall be subject to all state laws pertinent to such facilities under the
Laws of Florida.
c. That such facility shall at no time house in excess of six sexual offenders, excluding
employees and staff of the facility.
d. That such facility shall be licensed by the State of Florida and be staffed by professional
and licensed mental health care providers, and provide an organized course of treatment
and rehabilitation recognized by the State of Florida and the standard of care recognized
by the professions of psychology or psychiatry.
e. That such facility shall not be located within 1,000 feet of school, public or private; a child
care facility, church, public park, adult entertainment facility or a zoning district of RSF-1;
RSF-2; RMF.
f. That sexual offender is defined as any person convicted under the laws of the State of
Florida or similar statutes of any other state, country or province, for an offense recognized
as a sexual offense, regardless of degree of offense or whether adjudication of guilt was
withheld by the court.
(12) Nursing homes.
(LDR 1998, § 402; Ord. No. 743, § 1(11-80), 3-21-2000; Ord. No. 976, § 1, 2-20-2007; Ord. No.
1067, § 3, 9-14-2010; Ord. No. 1079, § 8, 1-17-2012)
Sec. 90-344. - Customary accessory uses.
Each permitted principal use and special exception use in the IND district is also permitted to have
the customary accessory uses for that use.
(LDR 1998, § 403)
Sec. 90-345. - Lot and structure requirements.
Except where further restricted by these regulations for a particular use, the minimum lot and
structure requirements in the IND district shall be as follows:
(1) Minimum lot area.
As needed to comply with requirements set out
All uses: Area
in this division
Width None
(2) Minimum yard
requirements.
Except where a greater distance is required by these regulations for a particular use, the minimum
yard setbacks shall be as follows:
All uses: Front
25 feet
15 feet; 40 feet abutting residential zoning
Side
district
20 feet; 40 feet abutting residential zoning
Rear
district
1 (3) Maximum lot coverage by all buildings.
Maximum Impervious
'Maximum Coverage
Surface
85 percent
All uses:
50 percent
Maximum height of
(4) i
structures.
E
(a) Except where further restricted or enacted by these regulations for a particular use, the
E maximum height shall be as follows: All uses shall be 45 feet, for any structure in which workers are
employed and occupy, or a structure not occupied but which is in the nature of a silo, spire, storage
elevator, towers and similar structures, except telecommunication towers governed by [section] 90-
601 of land development regulations;
For all structures exceeding this height regardless of whether workers are employed therein, and
including any structure which may be erected at a location that would adversely affect the
navigational requirements and air space surrounding the Okeechobee County airport regardless of
its height, such structures shall be permitted only by special exception.
(LDR 1998, § 404; Ord. No. 898, § 1, 7-19-2005)
Sec. 90-346. - Additional regulations.
Additional regulations which shall apply to all uses in the IND district include, but are not limited to:
(1) Concurrency regulations.
(2) Parking and loading regulations.
(3) Landscaping regulations.
(4) Sign regulations.
(5) Accessory use regulations.
(6) Supplementary use regulations.
(7) Environmental and stormwater regulations.
(8) Utilities regulations.
(LDR 1998, § 405)
Secs. 90-347-90-370. - Reserved.