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2019-05-16CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD DISCUSSION FOR MAY 16, 2019 AGENDA I. CALL TO ORDER — Chairperson. Workshop, May 16, 2019, 6:00 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Felix Granados Alternate Board Member Jim Shaw Board Attorney John R. Cook City Planning Consultant Ben Smith Administrator Marcos Montes De Oca Board Secretary Patty Burnette IV. ITEMS OF DISCUSSION — City Planning Consultant. A. Planning Staff Report topics (Exhibit 1). 1. Parking requirements. PAGE 1 OF 4 DISCUSSION Chairperson Hoover called the May 16, 2019, Workshop to order at 6:01 P.M. The Pledge of Allegiance was led by Chairperson Hoover. Board Secretary Burnette called the roll: Present Present Present Present Present Present Absent (with consent) Present Present Present Present Absent (with consent) Present Mr. Smith reviewed the Planning Staff Report dated May 8, 2019, which provided amendments to various topics of the Land Development Regulations. Mr. Smith explained for restaurant parking, City Code Section 90-512 requires that parking be provided for restaurants, nightclubs, and bars at 1 parking space per 75 square feet of floor area. Floor area generally refers to the amount of floor area within a building. This existing standard is appropriate for most restaurants but may not provide a sufficient basis for determining the amount of parking needed for some types of restaurants including, restaurants which primarily provide take-out services, restaurants relying on a significant amount of outdoor seating to serve customers, and drive-in restaurants. He reviewed the definitions of restaurant and restaurant, take-out, and concluded since take-out restaurant adequately described all three types of restaurants he described above, it would 209 210 AGENDA IV. ITEMS OF DISCUSSION CONTINUED. A. 1. Parking requirements continued. 2. Parking reduction fee. 3. Definitions of Retail Service and Personal Service. MAY 16, 2019 - PLANNING BOARD - PAGE 2 OF 4 DISCUSSION seem appropriate to provide a new parking standard for that type of restaurant. Instead of relying on floor area to calculate the number of required parking spaces, some jurisdictions utilize a calculation that requires a certain number of parking spaces based on customer service area, and some based on customer service seats. His suggestion was to have Restaurant as 1 per 75 square feet of floor area and create a new category for restaurant, take-out as 1 per employee, plus 1 per three customer service seats. Restaurant means an establishment where food and drink are prepared, served, and consumed, mostly within the principal building. Restaurant, take-out, means an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food and/or beverages may take place from an automobile when a special exception for drive-through service has been approved. The Board asked for some examples and wanted to make sure this proposal would not present higher requirements for businesses than what they were currently held to. Consensus of Board was to have the Planner bring back specific scenarios comparing the application of the current code requirements and the proposed. Add a new process and fee for requests to reduce the amount of parking required according to Section 90-512. Currently, the City charges the same fee for a parking reduction request as a site plan review. In situations where the parking reduction request is concurrent with the site plan review, this is appropriate. However, there are certain situations, like a change of use, where an Applicant may request a parking reduction without a site plan review. In these cases, it is not appropriate to charge a one thousand dollar fee considering that staff will likely spend less time processing a parking reduction request. The consensus of the Board was to move forward with this proposal. The definitions of personal service and retail service include uses that should be defined separately and treated separately. The current definition of personal service includes pawnshops. The current definition of retail service includes restaurant, take-out restaurant, cafe, pawnshop, and bar/tavern. In the Light Commercial (CLT) zoning district, personal service and retail service are permitted uses. Though restaurant, take-out restaurant, and cafe are special exception uses. This means that restaurants, take-out restaurants, cafes, and bars are both permitted uses and special exception uses. In the Commercial Professional Office zoning district, under special exception uses, it lists personal services, except AGENDA IV. ITEMS OF DISCUSSION CONTINUED. A. 3. Definitions of Retail Service and Personal Service continued. 4. Bars. MAY 16, 2019 - PLANNING BOARD - PAGE 3 OF 4 211 DISCUSSION pawnshops and dry cleaning on premises. In order to address these inconsistencies and to separate the uses included in these definitions, the Code should be revised. Also, where to consider adjusting which districts pawnshops are permitted or permitted by special exception. Recommends the following definitions: Pawnshop, means an establishment where items may be bought outright or left as collateral in order to borrow money; and which those same items may be sold. Service, personal, means an establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, nail care, pawnshop, reducing salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. Service, retail means a restaurant, take out restaurant, cafe, printer, pawnshop, dance or music studio, pet shop, as well as a bar or tavern for on premise consumption of alcoholic beverages, and similar establishments. Besides the above recommendation, Planning Staff also recommends to: Amend Section 90-252 by adding "pawnshop" to the list of permitted uses in the CLT District. Amend Section 90-282 by adding "pawnshop" to the list of permitted uses in the Heavy Commercial (CHV) District. Amend Section 90-342 by adding "pawnshop", "restaurant, take-out restaurant" to the list of permitted uses in the Industrial (IND) District. Amend Section 90-312 by adding "pawnshop, take-out restaurant" to the list of permitted uses in the Central Business District (CBD). Amend Section 90-402 by adding "pawnshop take-out restaurant, cafe" to the list of permitted uses in the Mixed -Use Planned Unit Development (PUD -M) District. Board discussion focused on whether pawnshops should be a permitted use in all of the proposed zoning districts. Pawnshops offer collateral based loans. If one defaults on that loan then the pawnshop keeps the item. These items could be boats, cars or other larger items that would not be able to be stored inside. One would maybe wish to consider whether this would take up required parking spaces or whether it was compatible with adjacent uses. The consensus of the Board was to agree with Staffs recommendation with the exception of making pawnshops a permitted use in CHV and IND and a special exception use in all the other zoning district discussed above. Three uses private club, night club, and bar are all listed together as permitted uses in the CHV district and as special exception uses in the CLT district. Bars are not currently listed as a permitted use in the CBD and PUD -M districts however, nightclubs are. The main difference between the definition of a bar and the definition of a nightclub is that live entertainment is included in the definition of a nightclub and live entertainment is excluded from the definition of a bar. Allowing live entertainment generally makes the nightclub use more intense than the bar use. The definitions are as follows: 212 AGENDA IV. ITEMS OF DISCUSSION CONTINUED. A. 4. Bars continued. 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 purpos- • • .ckup for official reco Fa s. /J r; ehhIrpersorr ATTEST: ChacrpaISM Pro— rem MAY 16, 2019 - PLANNING BOARD - PAGE 4 OF 4 DISCUSSION 14. bavitita atty M. Burnette, Secretary Bar means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. Nightclub means an establishment providing indoor entertainment, usually with live performers and dancing, where food and alcoholic beverages may be sold for on -premises consumption. Private club means an establishment catering exclusively to an association of persons and their guests, on a primarily not-for-profit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. Planning Staff's recommendation is: Amend Section 90-312 by adding "bar" to the list of permitted uses in the CBD District. Amend Section 90-402 by adding "bar" to the list of permitted uses in the PUD -M District. The consensus of the Board was to move forward with this proposal. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:00 p.m. ��v VIM Page 1 of City of Okeechobee Planning Board Workshop City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes May 16, 2019 I. Call To Order - Chairperson: Chair Hoover called the May 16, 2019, Workshop to order at II. Opening Ceremonies: Pledge of allegiance - Chairperson III. Chairperson. Board Member Staff Attendance - Secretary. p.m. IV. Items of Discussion - City Planning Consultant. A. Planning Staff Report topics (Exhibit 1). 1. Parking requirements. h�g e5ict.,l ✓d -take oat et,Ss IS S tkaeo` 01. —JAW tt e54-thita J-1 aLA_ f sQCc_f fid. r}" l'j0 r f-CLf Oonsonsbs :ive da4. y ach (Ai. this tnecses Se.C. (itt.rvth/ 6 b k nal) 0..11Gl.. "(� PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover `, Vice Chairperson McCoy / Board Member Baughman Board Member Brass -' Board Member Chartier Board Member Jonassaint / Board Member McCreary �-' Alternate Board Member Granados 'y Alternate Board Member Shaw Planning Consultant Smith - Board Attorney Cook l'.arninI Board Secretary Burnette IV. Items of Discussion - City Planning Consultant. A. Planning Staff Report topics (Exhibit 1). 1. Parking requirements. h�g e5ict.,l ✓d -take oat et,Ss IS S tkaeo` 01. —JAW tt e54-thita J-1 aLA_ f sQCc_f fid. r}" l'j0 r f-CLf Oonsonsbs :ive da4. y ach (Ai. this tnecses Se.C. (itt.rvth/ 6 b k nal) 0..11Gl.. "(� Page 2 of IV. Items of Discussion continued. IV. Items of Discussion continued. gimp Page 3 of 13 IV. Items of Discussion continued. 2. Parking reduction fee. z ( (roransiiS `- E Page 4 of I Pa✓Ktn reduet-itrn et)(Ee of a of 1)..0 VIP Page 5 of 15 IV. Items of Discussion continued. IV. Items of Discussion continued. 3. Definitions of Retail Service and Personal Service. ">°GWIShops — ShoLt(a Ctt s (1( r 111).1 I ncur o E��e 6�:afs I ('ars 1 (eA UM erctcLch a_f space -fib, AA_ic r(lyl (i CGS ii bit 4 -1)4 --Iva jct.ce. Li2ft'S VW Page 6of 13 1CC2- phn,:yt Su `,)a r .gig nee. ��� - ma_ -j on!'c{ Se(( accts % Ca_s U i ✓acs_ l tic t `� 1-11 3 die culetooi sats / S41)61 -2,e, Ca - .12, CA at epe, a- S af nate, iec(- C( �0 C�v �f*eS� I� vltiu-� k -'L -f._ IV. Items of Discussion continued. Page7of 13 4111111Pr Page 8 of IV. Items of Discussion continued. Page 9 of 13 IV. Items of Discussion continued. 111111111 Page 10of 13 IV. Items of Discussion continued. 4. Bars. NV/1U 62,4V -UP b4A-- LituLe_ (eirter-tat>intuL4 j,us.)--CLE.aftifl recti un w nsz_s Was cog' r . illiN Page 11 of 13 IV. Items of Discussion continued. 111111. Page 12of I.) IV. Items of Discussion continued. Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Monday, May 20, 2019 1:12 PM To: Patty Burnette Subject: RE: Workshop Meeting Here's what I got from the workshop: 1. Restaurant Parking: 5ring back some specific examples/scenarios comparing the application of differ ant parking requirements. 2. Parking Reduction Request Fee: Agree to lower fee 3. Definitions of Retail Service and Personal Service: Agree with staff recommended definition revisions. Make pawnshops a permitted use in CHV and IND. Make pawnshops a special exception in all other commercial districts 4. Bars: Agree with staff recommended revisions. Beh. Swtith, AICP, LEEP GA LaRue planning 1 )75 ,Jackson st 4206, tort Wens, �l__. 33901 239-534-3366 hen@laruerlannina.com From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Monday, May 20, 2019 12:35 PM To: Ben Smith <ben@larueplanning.com> Subject: Workshop Meeting Hi Ben. Just wanted to compare notes from the Workshop Meeting last Thursday. Regarding the discussion of retail service and personal service and pawnshops what was the direction of the Board to you? I have the discussion about the pawnshops and I got the feeling they may want to have that as a special exception use but really didn't get much other direction as to what zoning districts to apply it to? Then for restaurant, restaurant, take-out was it their consensus to follow listing them in the zoning districts where you had proposed? The same thing for Bar, I got the consensus they were ok with that one??? Please call to discuss if you would like. Thank you. Paf-f -y M. r3 u-Yctivff -ems general Services Coordinator City of Okeechobee ss Southeast 3rd Avenue Okeechobee, TL 34974 Teh 863-763-3372 Direct: 863-763-982o Tax: 863-763-1686 e main yburnette@cityofokeechobee.com -website: www.cityofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 CITY OF OKEECHOBEE PLANNING BOARD WORKSHOP MAY 16, 2019, OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER — Chairperson: May 16, 2019, Workshop, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson. III. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice -Chairperson Doug McCoy Board Member Phil Baughman Board Member Karyne Brass Board Member Rick Chartier Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Felix Granados Alternate Board Member Jim Shaw Board Attorney John R. Cook City Planning Consultant Ben Smith Board Secretary Patty Burnette IV. ITEMS OF DISCUSSION — Chairperson. A. Planning Staff Report Topics (Exhibit 1). 1. Parking requirements. 2. Parking reduction fee. 3. Definitions of Retail Service and Personal Service. 4. Bars. V. ADJOURN MEETING — Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity Jo refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. INDEPENDENT NEWSMEDIA INC. USA Lake Okeechobee News 107 SW 17th Street, \S iite D., Okeechobee, 34974` !/ ' ..\ • 8637,,7W3134 •A-- --./ t, STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a t « 1\104 CIL in the matter of NI0-EtSk(`9 — Pi 1_C' IBJ Ark. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 51glaci9 Affiant further says that the said Lake 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. Sworn to and subscribed before me this day of KO- (9-C-319 Notary Public, State of Florida at Large rat ;f ANGIE BRIDGES MY COMMISSION # FF978149 EXPIRES:Apr1120, 2020 BondedThru Notary Public Undetwliters Katrina Elsken AD CRY OFOic4OBEE PUBLIC NOTICE PLANNING BOARD WORKSHOP ((ppNO�IwI!Ci: Is HEREBY GIVEN that the QY of Okeechobee Planning Board dra SdviW200,6PK besn as aayHal E 3rAenOkc oaL The dUts Vibdbtnp Is to &amend oar r...dtors to the tznd raixtbn appiattn and fee; dd. pathe arms m tread gedal e The speck topics Lrdde but are not fried to retail saute, auto detaky brenesain, take-out restamts,cafes, bars, and pawn shops The pubic 6head art amuagedioad:ed.The agendabe °Harried flan hobeemrnorbyragtheGarrard5 vhesrO Mm,1363-71B- 3372,9020. • AID' PERSON DEC DDdG TO APPEAL any derlon node by the PB MB respect to any nratteicorddeed at this meeting we need to esus a vsba- ttn read of the monandry Is made and the Heard Includes the te9lrvy and evt wHdr the appeal w9 be based In aomrdaro= wth the Mralmnswth Att(AL14), arty pater wttlr a oiseb@vasdefned b/ the ADA, that reeds spedal a.unm..t4Ir,r to padidpare In this pooaaing, mrtat the General SavFss Offre no Later than Wm braes days prior to proceed% 863-763-3372. BE ADVISED that shard you phptando'tto show any dray ert, puha view altems 1 doaarrei�a�aGWm supcort oaten rrrustbeto aybanal the aganda, S copy et pr tnthe Secretary for the Oty's records. BE ADVISED THAT ONE OR MORE alY CDIRicu. MEMBERS MAY BE IN ATIINDANCE AT THIS MEETING. THIS NOTICE 15 POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS IREM ENTS AND SUNSHINE LAWS. Ng/Dawn ., Staff Report To: Okeechobee Planning & Zoning Board From: Ben Smith, AICP Date: May S, 2019 Subject: Land Development Code Workshop Discussion Items (1) Restaurant Parking City Code Section 90-512 requires that parking be provided for restaurants, nightclubs, and bars at 1 parking space per 75 square feet of floor area. Floor area generally refers to the amount of floor area within a building. This existing standard is appropriate for most restaurants but may not provide a sufficient basis for determining the amount of parking needed for some types of restaurants, including: • Restaurants which primarily provide take-out services • Restaurants relying on a significant amount of outdoor seating to serve customers • Drive-in restaurants City Code Section 66-1 already provides separate definitions for restaurant and take-out restaurant as follows: Restaurant means an establishment where food and drink are prepared, served, and consumed, mostly within the principal building. Restaurant, take-out, means an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food and/or beverages may take place from an automobile when a special exception for drive-through service has been approved. Since the existing definition for take-out restaurant adequately describes all three types of restaurants listed above, it seems appropriate to provide a new parking standard for that restaurant definition. There are alternatives to relying strictly on floor area to calculate the number of required parking spaces. Some jurisdictions utilize a calculation that requires a certain number of parking spaces based on customer service area; and some jurisdictions use a calculation based on number of customer service seats. Using a calculation is the simplest method and it seems appropriate to revise Code Section 90-512 as follows: providing planning and management solutions for local governments 1375 ,Jackson Street, Suite 206 Fort Myers, FL 33901 239-33+-5566 www.larueplanning.com Sec. 90-512. - Space regulations. Off-street parking spaces are required as follows: * * (2) 1 Commercial Uses: Shopping center, retail store, retail service, and personal service, or 1 per 300 square feet of floor area service, except as may otherwise be specifically identified in this section. Furniture or appliance store 1 per 500 square feet of floor area r Professional office, business 1 per 300 square feet of floor area service Medical office 1 per 180 square feet of floor area r f-- Nursery, lumberyard 1 per 250 square feet of floor area ____ ___ _ I:c.a,tur 1 per 75 square feet of floor area J ant . }Nightclub: and bar Restaurant 1 per 75 square feet of floor area Restaurant, take-out 1 per employee, plus 1 per three customer service seats Barbershop, beauty shop, and nail salon 2 per service chair J Hotel, motel 1 per bedroom, plus 5 spaces, plus accessory uses Auto service, repair or wash 1 per 150 square feet of floor area Automobile sales 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor area used for sales or display. Auction house (indoor), or storefront church with fixed seating 1 per 3 seats in the area used for the auction, or in the assembly area used for worship. For pews, each 18 inches shall equal one seat. Auction house (indoor), or storefront church without fixed seating 1 space for each 90 square feet of area used for the auction or assembly area used for worship up to 1,470 square feet, plus 1 space for each 45 square feet of additional assembly area used for the auction or worship in excess of 1,470 square feet. * * * IaK'c i[] Hing 2 (2) Fees for Parking Reduction Requests Sections 90-483 through 90-485 provide for requests to reduce the amount of parking required according to Section 90-512. Currently, the City charges the same fee for a parking reduction request as a site plan review. In situations where the parking reduction request is concurrent with the site plan review, this is appropriate. However, there are certain situations (e.g. change of use) where an applicant may request a parking reduction without a site plan review. In these cases, it is not appropriate to charge a $1,000 fee. Depending on the recommendation of the City Administrator and other staff, a fee of $200 to $300 may be more appropriate, considering that staff will spend considerably less time processing a parking reduction request. LaRue 3 (3) Definitions of Retail Service and Personal Service The definitions of personal service and retail service include uses that should be defined separately and treated separately. The current definition of personal service includes pawnshops. The current definition of retail service includes restaurant, take-out restaurant, cafe, pawnshop, and bar/tavern. In the CLT zoning district, personal service and retail service are permitted uses. Though restaurant, take-out restaurant, and cafe are special exception uses. This means that restaurants, take-out restaurants, cafes, and bars are both permitted uses and special exception uses. In the CPO zoning district, under special exception uses, it lists "personal services, except pawn shops and dry cleaning on premises" in order to address these inconsistencies and to separate the uses included in these definitions, the Code should be revised. This would also be a good time to consider whether the Board would like to recommend adjusting which districts pawnshops are permitted or specially permitted. Code Section 66-1, Definitions, should be amended as follows: * Pawnshop, means an establishment where items may be bought outright or left as collateral in order to borrow money: and which those same items may be sold. Service, personal, means an establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, nail care, reducing salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. Service, retail means a printer, x:!: h p, dance or music studio, pet shop, i .+ ha{ ,44--+ 'et , :a preH4i_e c._+ htve u and similar establishments. * * * * The CPO district standards should be amended as follows: Sec. 90-222. - Permitted uses. Subject to the limitations that no retail sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be permitted, and no trucks larger than three-quarters ton capacity shall be used, the following principal uses and structures are permitted in the CPO district: (I) Professional office, business office, medical office. (2) Funeral home. (3) Storefront church located in a unit in a multi -use building or shopping center. Sec. 90-223. - Special exception uses. The following uses and structures are permitted in the CPO district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) Day care center. (2) Personal services. wept slop_, and dry cleaning on premises. (3) Cafe. LaRuc pl arm] ng 4 (4) Business school. (5) Private club. (6) House of worship. (7) Public facility and use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (10) Adult family care homes, assisted living facility as defined (11) Free-standing drive -up ATM which is owned and operated institution with an office located Okeechobee County. (12) One dwelling unit per commercial building, provided that either above or behind the ground floor commercial use. The CLT district standards should be amended as follows: in F.S. § 429.02(5). by a bank or other financial the dwelling unit is located 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. (8) Medical marijuana dispensary as defined and regulated in F.S., § 381.986. (9) Pawnshop 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, and bar. (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. LrinaRue pfo.ng 5 (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, provided that the dwelling unit is located either above or behind the ground floor commercial use. (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. The CHV district standards should be amended as follows: 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 and bar. (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. (18) Medical marijuana dispensary as defined and regulated in F.S. 381.986. (19) Pawnshop LaRue pt`ar(ni;ng 6 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, provided that the dwelling unit is located either above or behind the ground floor commercial use. (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). The IND district standards should be amended as follows: Sec. 90-342. - Permitted uses. The following principal uses and structures are permitted in the IND district: Lalzuc la:fann ng 7 (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) Restaurant, take-out restaurant. 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). (33) Medical marijuana dispensary as defined and regulated in F.S., § 381.986. (34) Pawnshop (35) Bar (_Ru=. ptananing 8 (4) Bars Three uses (private club, night club, and bar) are all listed together as permitted uses in the CHV district and as special exception uses in the CLT district. Bars are not currently listed as a permitted use in the CBD and PUD -M districts. However, nightclubs are listed as a permitted use in the CBD and PUD -M districts; and the main difference between the definition of a bar and the definition of a nightclub is that live entertainment is included in the definition of a nightclub and live entertainment is excluded from the definition of a bar. Allowing live entertainment generally makes the nightclub use more intense than the bar use. And it's seems reasonable that the less intense use would be allowed where the similar, but more intense use is allowed. The definitions are as follows: Bar means an establishment for the sale and on -premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. Nightclub means an establishment providing indoor entertainment, usually with live performers and dancing, where food and alcoholic beverages may be sold for on -premises consumption. Private club means an establishment catering exclusively to an association of persons and their guests, on a primarily not-for-profit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. The City Clerk did some researching and found that in the oldest available version of the City's Codes, the three uses (private club, night club, and bar) were all listed together as permitted uses in the C -I, C -II, and CBD district. Then in the Ord #716, it appears that bar was just left out. This may be because it was intended that the nightclub use would include bars, since the main difference seems to be that the definition of nightclub includes live entertainment and the definition of bar excludes live entertainment. It may also be that bar was added to the definition of retail service and no longer needed to be listed with private club and nightclub. In any case, bars should be separate from retail service and grouped/allowed with private club and nightclub where those uses are already allowed. As such, it seems appropriate to add bar as a permitted use to both the CBD district and the PUD -M district by amending the Code. The CBD district standards should be amended as follows: DIVISION 9. - CENTRAL BUSINESS (CBD) DISTRICT Sec. 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, take-out restaurant, cafe. (4) Personal service. (5) Dry cleaner, laundry. (6) Private club, nightclub. bar. (7) Craft studio. (8) Business school. (9) Commercial indoor recreation. (10) Commercial parking garage or lot. LClfl I rlaiZue pra 9 9 (1 1) Storefront church located in a unit in a multi -use building or shopping center. (12) Medical marijuana dispensary as defined and regulated in F.S., § 381.986. (13) Pawnshop The PUD -M district standards should be amended as follows: DIVISION 12. - MIXED-USE PLANNED UNIT DEVELOPMENT (PUD -M) DISTRICT Sec. 90-402. - Permitted uses. The following principal uses and structures are permitted in the PUD -M district: (I) Attached and detached single-family dwellings. (2) Zero lot line single-family dwellings. (3) Two-family dwellings. (4) Town homes. (5) Multiple -family dwellings. (6) Adult family care homes or assisted living facilities. (7) Day care center, nursing home. (8) Professional office, business office, medical office. (9) Retail store, retail service. (10) Restaurant. take-out restaurant, cafe. (11) Personal service, dry cleaner. (12) Mechanical and repair services. (13) Auto service station. (14) Private club, nightclub. bar. (15) Hotel, motel. (16) Craft studio. (17) Business school. (18) Commercial indoor recreation. (19) Outdoor recreation, commercial outdoor recreation, golf course. (20) Marina. (21) Community center. (22) School. (23) House of worship. (24) Public facility or use. (25) Open space. (26) Public utility. (27) Pawnshop LaRyc planning 10