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2019-08-06 Ex 01Ordinance No. 1185 - Page 1 of 6 Language to be added is underlined. Language to be deleted is struck through. ORDINANCE NO. 1185 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE- PERSONAL, AND SERVICE- RETAIL ; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE III-DISTRICT AND DISTRICT REGULATIONS, DIVISION 6-COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPTION USES , AMENDING ITEM (2) AND ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 7-LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES , ADDING ITEM (23) PAWNSHOP; AMENDING DIVISION 8-HEAVY COMMERCIAL DISTRICT, SECTION 90-282 PERMITTED USES , ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9-CENTRAL BUSINESS DISTRICT, SECTION 90-312 PERMITTED USES , TO INCLUDE TAKE-OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFÉ AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB ; AMENDING SECTION 90-313 SPECIAL EXCEPTION USES , ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10-INDUSTRIAL, SECTION 90-342 PERMITTED USES , TO INCLUDE RESTAURANT, TAKE-OUT RESTAURANT TO ITEM (23) CAFÉ, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12-MIXED-USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90-402 PERMITTED USES , TO INCLUDE TAKE-OUT RESTAURANT, CAFÉ TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; 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in periodic review of its Ordinances and Land Development Regulations in order to address certain inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the Code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 19-001-TA, at a duly advertised Public Hearing held on June 20, 2019, and based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and codification; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, be it ordained before 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; that: SECTION 1: Amendment and Adoption to Section 66-1. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, providing for amendments to Chapter 66-General Provisions, Section 66-1 Definitions 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, Ordinance No. 1185 - Page 2 of 6 Language to be added is underlined. Language to be deleted is struck through. 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. SECTION 2: Amendment and Adoption to Section 90-223. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III-District Regulations, Division 6- Commercial Professional and Office District, Section 90-223 Special Exception Uses as follows: Section 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: (1) 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, except pawn shops and dry cleaning on premises. (3) Cafe. (4) Business school. (5) Private club. (6) House of worship. (7) Public facility and use. (8) Public utility. (9) Permitted uses in excess of 45 feet in height. (10) Adult family care homes, assisted living facility as defined in F.S. § 429.02(5). (11) Free-standing drive-up ATM which is owned and operated by a bank or other financial institution with an office located Okeechobee County. (12) One dwelling unit per commercial building, provided that the dwelling unit is located either above or behind the ground floor commercial use. (13) Pawnshop. SECTION 3: Amendment and Adoption to Section 90-253. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III-District Regulations, Division 7- Light Commercial District, Section 90-253 Special Exception Uses as follows: 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. 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. Ordinance No. 1185 - Page 3 of 6 Language to be added is underlined. Language to be deleted is struck through. (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, 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. (23) Pawnshop. SECTION 4: Amendment and Adoption to Section 90-282. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III-District Regulations, Division 8- Heavy Commercial District, Section 90-282 Permitted Uses 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 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. Ordinance No. 1185 - Page 4 of 6 Language to be added is underlined. Language to be deleted is struck through. (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). SECTION 5: Amendment and Adoption to Sections 90-312 and 90-313. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III-District Regulations, Division 9- Central Business District, Section 90-312 Permitted Uses and Section 90-313 Special Exception Uses as follows: 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. (11) 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. 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, provided that the dwelling unit is located either above or behind the ground floor commercial use. (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. (13) Pawnshop. SECTION 6: Amendment and Adoption to Section 90-342. Ordinance No. 1185 - Page 5 of 6 Language to be added is underlined. Language to be deleted is struck through. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III-District Regulations, Division 10- Industrial District, Section 90-342 Permitted Uses as follows: Sec. 90-342. - Permitted uses. 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) 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. SECTION 7: Amendment and Adoption to Section 90-402. That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 90-Zoning, Article III-District Regulations, Division 12- Mixed-Use Planned Unit Development District, Section 90-402 Permitted Uses as follows: Sec. 90-402. - Permitted uses. The following principal uses and structures are permitted in the PUD-M district: (1) 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. Ordinance No. 1185 - Page 6 of 6 Language to be added is underlined. Language to be deleted is struck through. (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. SECTION 8: Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 9: 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 10: Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading at a Public Hearing and set for Final Public Hearing on this 16th day of July, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of August, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney City of Okeechobee General Services Department 65 S.E. 3d Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Date: Petition No. Fee Paid: W/1 Jurisdiction: L I is u— t Hearin 2" g: H Hearing: Publication Dates: Notices Mailed: Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION I Name of Applicant: k 2 Mailing address: 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? Yes No If yes, provide address(es) 5 Do you own nonresidential property within the City? Yes No If yes, provide address(es) 6 REQUEST INFORMATION Request is for: Text change to an existing section of the LDRs (_L< 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 st4keout and additions in underline format. (This description may be provided on separate sheets if necessary.) 8 LDR Amendment Application Page 1 of 3 providing planning and management solutions for local governments 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 www.larueplanning.com Staff Report To: Okeechobee Council From: Ben Smith, AICP Date: July 2, 2019 Subject: LDC Revisions- Retail Service, Personal Service, Pawnshops and Bars Staff is recommending a revision to the City’s Land Development Code in order to address several inconsistencies regarding the definitions for retail service, personal service and pawnshops and to separate the uses included in these definitions. 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, café, pawnshop, and bar/tavern. In the CLT zoning district, personal service and retail service are permitted uses. Although restaurant, take-out restaurant, and café 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” We recommend that a definition be added for pawnshop, that pawnshop be removed from the definitions of personal service and retail service, and that pawnshops be listed specifically as permitted uses or, special exception uses in the various zoning district regulations. Additionally, restaurant, take-out restaurant, café, bar and tavern should be removed from the definition of retail service; as these are all separate uses that are already defined. Staff is also recommending revising the City’s Land Development Code to address several inconsistencies regarding the listing of bars as a permitted use or specially permitted use. 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 2 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. At a May 16th Planning Board workshop, the Board provided the following direction: • Creation of new definition for pawnshop • Revisions to the definitions of personal service and retail service • Pawnshops to be made a permitted use in the Heavy Commercial (CHV) Industrial (IND) and Mixed-use Planned Unit Development (PUD-M) zoning districts • Pawnshops to be made a special exception use in Light Commercial (CLT), Commercial Professional and Office (CPO) and Central Business (CBD) zoning districts • Bar to be made a permitted use in the Central Business (CBD), Industrial (IND) and Mixed-use Planned Unit Development (PUD-M) zoning districts • Restaurant, take-out restaurant, and cafe to be made permitted uses in the Central Business (CBD), Industrial (IND) and Mixed-use Planned Unit Development (PUD-M) zoning districts Staff prepared these land development code revisions in an Ordinance and presented it to the Planning Board at the June 20th meeting. The Board voted 5-0 to recommend approval to the City Council. providing planning and management solutions for local governments 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 www.larueplanning.com Staff Report To: Okeechobee Council From: Ben Smith, AICP Date: July 2, 2019 Subject: Appendix Revisions- Parking Reduction Petition City Code Sections 90-483 through 90-485 provide for requests to reduce the amount of parking that is required according to Section 90-512. However, there is no fee schedule, submittal process, or parking study requirement provided specifically for parking reduction requests. 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 site plan fee which is a minimum $1,000. Staff is recommending that a fee of $250 may be more appropriate, considering that staff will spend considerably less time processing a parking reduction request which is not associated with a site plan. At a May 16th Planning Board workshop, the Board provided direction regarding the creation of a new fee schedule for parking reduction requests. Staff prepared a Resolution which provides a parking reduction petition fee and outlines the submittal requirements and steps for processing parking reduction petitions. This Resolution was presented to the Planning Board at their June 20th meeting and the Board voted 5-0 to recommend approval of that Resolution to the Council. CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 DRAFT SUMMARY OF BOARD DISCUSSION FOR JUNE 20, 2019 PAGE 1 OF 7 AGENDA DISCUSSION I. CALL TO ORDER – Chairperson. Regular Meeting, June 20, 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. AGENDA – Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today’s agenda by Staff, Board Members or the Public. V. MINUTES – Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop. In the absence of the Chairperson and Vice Chairperson, Secretary Burnette called the June 20, 2019 meeting to order at 6:04 p.m. and instructed those present to appoint a Chairperson Pro-Tempore to preside over the meeting. By consensus of the Board, Member Brass was appointed. The Pledge of Allegiance was led by Chairperson Pro-Tempore Brass. Board Secretary Burnette called the roll: Absent (with consent) Absent Present Present Absent (with consent) Present Present Absent (with consent) Present (moved to voting position) Absent (with consent) Present Absent (with consent) Present Chairperson Pro-Tem Brass asked whether there were any requests for the addition, deferral, or withdrawal of items on today’s agenda. There being none the agenda stands as published. Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop; seconded by Member McCreary. There was no discussion on this item. JUNE 20, 2019 - PLANNING BOARD - PAGE 2 OF 7 AGENDA DISCUSSION V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Board Action for the April 18, 2019, regular meeting and May 16, 2019 Workshop continued. VI. UNFINISHED BUSINESS – Secretary. A. Reading of Form 8B Memorandum of Voting Conflict for Municipal Public Officers related to Rezoning Petition No. 19-003-R on April 18, 2019. VII. OPEN PUBLIC HEARING – Chairperson. A. Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet) (Exhibit 1). 1. Review TRC Recommendation – approval with special conditions. VOTE HOOVER – ABSENT MCCOY – ABSENT BAUGHMAN– YEA BRASS – YEA CHARTIER – ABSENT JONASSAINT – YEA MCCREARY– YEA GRANADOS – ABSENT SHAW – YEA MOTION CARRIED. Secretary Burnette read into the record Form 8B Memorandum of Voting Conflict for County, Municipal, and other Local Public Officers related to Rezoning Petition No. 19-003-R which was received on April 18, 2019, and filed by Alternate Board Member Rick Chartier, address 2017 Southwest 67th Drive, Okeechobee Florida, and made a part of the official record filed in the permanent Minute File for this meeting. CHAIRPERSON PRO-TEM BRASS OPENED THE PUBLIC HEARING AT 6:08 P.M. Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet). Mr. Ben Smith of LaRue Planning Services was present as the City’s Planning Consultant to provide the Planning Staff findings. Mr. Smith explained the Applicant, Louis D’Onofrio, is requesting to abandon the east-west 373.5-foot long, 40-foot wide unimproved right-of-way of Southeast 4th Street between Southeast 10th Avenue and a canal. The Applicant owns all of the contiguous properties which encompass Lot 12 of Block E, Lot 1 of Block F, and Lot 1 of Block 4. The Petition was reviewed at the May 16, 2019, Technical Review Committee Meeting, a recommendation was made for approval with the following special condition: the City of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block E, to facilitate maintenance to the canal. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Single Family on the Future Land Use Map. The right-of-way is not the sole means of access to any property. All three parcels bordering the right-of-way are owned by the Applicant and two of those parcels have access to Southeast 10th Avenue. The proposed right-of-way area to be vacated has not been improved to facilitate vehicular travel. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. Finally, the Applicant has received authorization from all necessary utility entities however, it may be necessary to reserve a portion of this property as an easement in order to preserve the canal. Member Brass relayed her concern as to whose responsibility it would be for maintaining the proposed Public Works easement and assurance that nothing would be blocking accessibility to the easement. Mr. Smith replied it would be the Applicant’s responsibility for maintenance and that structures could not be built in the easement. JUNE 20, 2019 - PLANNING BOARD - PAGE 3 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. A. 2. Hear from the Property Owner or Designee/Agent - Mr. Louis D’Onofrio. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex-Parte Communications by the Board. 5. a) Consider a recommendation to the City Council to approve or deny Petition No. 19-002-SC. b) Board discussion. c) Vote on motion. B. Consider LDR Text Amendment Application No. 19-001-TA, amending Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; an application and proposed fee for Parking Reduction Requests (Exhibit 2). 1. Presented by Planning Staff. Chairperson Pro-Tem Brass asked whether the property owner or designee/agent wished to speak. Mr. Louis D’Onofrio, was in attendance and available for questions. Member Shaw inquired as to what the Applicant’s intended use would be for the property should the abandonment be approved. Mr. D’Onofrio responded he wished to finish making repairs to the residence, add a small driveway and just generally clean up the property so that he could reside there. Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There were none. The Petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 25 surrounding property owners. Chairperson Pro-Tem Brass asked Board Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. There were none. Motion and a second offered by Members Baughman and Jonassaint to recommend approval to the City Council for Abandonment of Right-of-Way Petition No. 19-002-SC, to vacate a portion of Southeast 4th Street from Southeast 10th Avenue westward to deadend (approximately 40-feet by 373.5-feet) with the following special condition: the City of Okeechobee Public Works Department requires an access easement of 12-feet on the north side of Lot 12, Block E, Wright’s 3rd Addition to Okeechobee, Plat Book 1, Page 9, Public Records of Okeechobee County, Florida, to facilitate maintenance to the canal. Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none. VOTE HOOVER – ABSENT MCCOY – ABSENT BAUGHMAN– YEA BRASS – NAY CHARTIER – ABSENT JONASSAINT – YEA MCCREARY– YEA GRANADOS – ABSENT SHAW – YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. The following proposed Land Development Regulations (LDR’s) Text Amendments, provided through Application No. 19-001-TA, amends Code Book Sections 66-1; 90-223; 90-253; 90-282; 90-312; 90-313; 90-342; 90-402; and Appendices A, B, and C, which stem from a Workshop held on May 16, 2019. Refer to those minutes for additional discussion regarding each of the areas discussed. Mr. Ben Smith of LaRue Planning Services was present as the City’s Planning Consultant to provide the Planning Staff findings. Exhibit 2 contained a copy of two memorandums dated June 12, 2019, one with the subject titled “LDC Revisions-Retail Service, Personal Service, Pawnshops and Bars”, (one page) and the other subject titled JUNE 20, 2019 - PLANNING BOARD - PAGE 4 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. B. 1. Presented by Planning Staff for Application No. 19-001-TA continued. 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 Application No. 19-001-TA. “Appendix Revisions-Parking Reduction Petition” (one page). The memorandums provided background and purpose of each proposed amendment. The Exhibit also contained a copy of the text amendment in a draft ordinance, (eight pages) as well as a draft resolution (three pages) which provided the exact language to be added or deleted to each section of the code. Chairperson Pro-Tem Brass asked whether there were any comments or questions from those in attendance. There were none. Chairperson Pro-Tem Brass asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the Application. None were offered. Motion and second was offered by Members McCreary and Jonassaint to find LDR Text Amendment Application No. 19-001-TA consistent with the Comprehensive Plan, and recommend to the City Council approval of the following sections as presented: Add definition for “pawnshop” to Section 66-1, Definitions, to read 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. Amend Section 66-1, Definitions, Service, personal, by deleting the word “pawnshop” from the list. Amend Section 66-1, Definitions, Service, retail by deleting the words “restaurant, take-out restaurant, café, pawnshop” and the wording “as well as a bar or tavern for on premise consumption of alcoholic beverages” Amend Sections 90-282, 90-342, and 90-402, by adding “pawnshop” to the list of permitted uses in the Heavy Commercial (CHV), Industrial (IND), and Mixed-Use Planned Unit Development (PUD-M) Districts. Amend Sections 90-223, 90-253 and 90-313, by adding “pawnshop” to the list of special exception uses in the Commercial Professional and Office (CPO), Light Commercial (CLT), and Central Business District (CBD) Zoning Districts. Amend Sections 90-312, 90-342, and 90-402, by adding “bar” to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Sections 90-312, 90-342, and 90-402, by adding “restaurant, take-out restaurant and café” to the list of permitted uses in the CBD, IND, and PUD-M Districts. Amend Appendices A, B, and C to include submittal requirements and processing standards for applications for JUNE 20, 2019 - PLANNING BOARD - PAGE 5 OF 7 AGENDA DISCUSSION VII. PUBLIC HEARING ITEM CONTINUED. B. 4. a) Consider a recommendation to the City Council to approve or deny Application No. 19-001-TA continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING – Chairperson. VIII. RECESS REGULAR MEETING AND CONVENE WORKSHOP – Chairperson. A. Planning Staff Report Topics (Exhibit 3), 1. Restaurant parking requirements. 2. Minimum square footage for single family dwellings. parking reduction petitions, as well as an application form; standards for parking study submittals; and adding a fee. Chairperson Pro-Tem Brass asked whether there was any further discussion. There was none. VOTE HOOVER – ABSENT MCCOY – ABSENT BAUGHMAN– YEA BRASS – YEA CHARTIER – ABSENT JONASSAINT – YEA MCCREARY– YEA GRANADOS – ABSENT SHAW – YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for August 6, 2019, 6:00 P.M. CHAIRPERSON PRO-TEM BRASS CLOSED THE PUBLIC HEARING AT 6:26 P.M. CHAIRPERSON PRO-TEM BRASS RECESSED THE REGULAR MEETING AND CONVENED THE WORKSHOP SESSION AT 6:26 P.M. Mr. Smith explained this topic was previously discussed at the May 16, 2019 Workshop meeting and the consensus of the Board was they requested some examples as they wanted to make sure this proposal would not present higher requirements for businesses than what they are held to currently. He explained he still has further research to do and will bring the item back for discussion at the next workshop meeting. Mr. Smith reviewed his Staff Report dated June 12, 2019, explaining the City’s current standard according to Section 90-169 of the LDR’s is, any single-family dwelling located in a Residential Single Family-One; Residential Single Family-Two; Residential Multiple Family; or Residential Mobile Home, zoning district shall comply with the following appearance and design standards: Minimum floor area. The minimum floor area shall be 800-square feet, including the area of an attached garage (but excluding carport, screened porch or Florida room) except as provided in subsection (10) herein. To be eligible for calculation as minimum floor area, such square footage shall be contained under a single integrated roof system. A roof system designed by the manufacturer to be a single structure shall be considered an integrated roof system under this subsection even if delivered in more than one part and assembled on site. Mr. Smith further commented that should the Board recommend increasing the single family dwelling minimum unit size, it may be appropriate to consider providing a specific standard for each zoning district where single family dwellings are a permitted use. This would allow for zoning districts with smaller lot sizes to continue to accommodate smaller dwelling unit sizes and to minimize the number of nonconformities that would be created by JUNE 20, 2019 - PLANNING BOARD - PAGE 6 OF 7 AGENDA DISCUSSION VIII. WORKSHOP ITEMS OF DISCUSSION CONTINUED. A. 2. Minimum square footage for single family dwellings continued. 3. Mobile food vendors. this proposed revision. Lastly, he explained to the Board while reviewing the existing LDR’s, he discovered several sections that were not organized correctly. The RMH zoning district actually includes several sections, (90-167 through 90-172), which seem to be intended to apply to multiple zoning districts. He suggests either creating a new division in the LDR’s to move these sections to or move them to the section that is entitled Supplementary District Regulations. Discussion among the Board Members touched on if the minimum floor area requirement includes the area of an attached garage, would that then mean the garage could be actually bigger than the single family dwelling and also what does a single integrated roof system mean. Mr. Smith commented he would need to research the Florida Building Code to see if there is a minimum requirement for a single family dwelling as it seems like the actual dwelling should be larger than the attached garage. He explained a single integrated roof system would mean sharing the same single roofing structure. Consensus of the Board was to allow the Planner time to research the Florida Building Code to determine if there are square footage requirements for the actual dwelling and they liked his recommendation of moving Sections 90-167 through 90-172 to a different section of the LDR’s instead of just being included in the RMH zoning district. Mr. Smith reviewed his Staff Report dated June 12, 2019 explaining he was directed to address the issue of mobile food vendors also known as food trucks as they are not specifically addressed in the City’s LDR’s. Currently in Section 14-121 of the City’s LDR’s it states, sales of merchandise on City-owned or leased properties, or on City road rights-of-way lying within the City, is prohibited. Additionally, mobile food vending is not specifically allowed in any of the City’s zoning districts and would not meet the standards for restaurants or other food service establishments without approval of a site plan that included considerations for parking, bathrooms and other standards. Except for the allowable exemption for special events provided in Section 14-141 of the LDR’s, it is staff’s opinion that mobile food vending is effectively prohibited within the City. In order to provide the Board with a full understanding of the potential benefits and the potential problems associated with mobile food vending, he has provided two articles, Planning for Food Trucks (two pages) and Eating on the Go: Mobile Food Trucks (five pages), which provide a thorough description of the issues involved. In addition he has also provided code regulations from Okeechobee County, Fort Myers and the City of Melbourne, which demonstrate several alternative approaches to regulating mobile food vending. He offered four different options for the Board to discuss: take no action and continue to rely on the existing LDR’s; strengthen the existing LDR’s to specifically define mobile food vending, specifically prohibit mobile food vending, and continue the existing exemption for special events; allow for additional opportunities for mobile food vending on private property in certain situations; or allow for additional opportunities for mobile food vending on public property in certain situations. Discussion among the Board Members touched on the consensus that mobile food vending was currently prohibited. They discussed several pros and cons of permitting mobile food vendors/trucks within the City limits. Impact on small businesses, concerns with monitoring health issues, these businesses not paying property taxes, and special events JUNE 20, 2019 - PLANNING BOARD - PAGE 7 OF 7 AGENDA DISCUSSION VIII. WORKSHOP ITEMS OF DISCUSSION CONTINUED. A. 3. Mobile food vendors continued. RECESS WORKSHOP AND RECONVENE REGULAR MEETING. IX. 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. _________________________________ Karyne Brass, Chairperson Pro-Tempore ATTEST: _______________________________ Patty M. Burnette, Secretary for nonprofit organizations. If they were allowed, then maybe they should be permitted by special exception, so specifics could be included to address parking, bathrooms, if they would be permitted to have seating, hours of operation, how many vendors would be allowed to have a permit for operating, in which zoning districts they would be permitted and should health inspections be conducted. Member Brass commented that having a mobile food truck is sometimes how a company starts out before opening a restaurant. She also offered, given the City is only a little over four square miles, and several food trucks are located in close proximity to the City, folks do not need to travel far to find one. Member Jonassaint mentioned maybe establishing a place in the City where trucks could come once a week and set up. Discussion ensued as to where that possible location could be. They had no locations to offer. Consensus of the Board was to take no action on this topic and continue to rely on the existing LDR’s. CHAIRPERSON PRO-TEM BRASS ADJOURNED THE WORKSHOP AND RECONVENED THE REGULAR MEETING AT 7:15 P.M. There being no further items on the agenda, Chairperson Pro-Tem Brass adjourned the meeting at 7:15 p.m. hilDEPENDENTLake Okeechobee News mow/ 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 NEWSMEDIA INC. USA : ;. 'w ,f: ,,,., .,--. iTtc.tvo „, STATE OF FLORIDA ; -'- � ,� r-, COUNTY OF OKEECHOBEE 'sem `A J 1- Before the undersigned authority personally appeared `rt'`o ', Katrina Elsken, who on oath says she is the Publisher of the Lake �' ^` � f- `•� Okeechobee News,a three times a week Newspaper published at R1 �ti ,,),,P -tea::. N Okeechobee, in Okeechobee Couz?ty Floridaj,that the attached ��..,r_,_. copy of advertisement being a fu- t- ti u.) in the matter of 1\16-4-1U, 6+ PI op°&t 1-U.' in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida,was published in said newspaper in the issues of 11/31 Iiff 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. Katrina Elsken Sworn to and subscribed before me this (i S.� day of /-4-t, i.LS f '---.)--011 9 AD Notary Public,St to of Florida at Large ---? ))kCI 1),,4. 519-- q�:Y"!'eiN; ANGIE BRIDGES :*: it 14 MY COMMISSION#FF 976149 • ,,•o, EXPIRES:Apr1I20.2020 ••°;;:?,"o Bonded rnru NoIaryPublic underw ritem -ITY OF OKEEGHO E NO . CE OF PROPOSE AND DEVELOPMENT REGULATION TEXT AMENDMENTS PUBLIC NOTICE: the City Council of the City of Okeechobee, FL, will on Tues, August 6, 2019, at 5:00 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, conduct a Public Hearing to consider the Final Reading for adoption of the proposed Ordinance amending the Land Development Regulations as follows: No. 1185: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, AMENDING SECTION 66-1, REVISING DEFINITIONS OF PAWNSHOP, SERVICE-PERSONAL, AND SERVICE-RETAIL; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE III-DISTRICT AND DISTRICT REGULATIONS, DIVISION 6-COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT, SECTION 90-223 SPECIAL EXCEPTION USES, AMENDING ITEM (2) AND ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 7-LIGHT COMMERCIAL DISTRICT, SECTION 90-253 SPECIAL EXCEPTION USES, ADDING ITEM (23) PAWNSHOP;AMENDING DIVISION 8-HEAVY COMMERCIAL DISTRICT, SECTION 90-282 PERMITTED USES, ADDING ITEM (19) PAWNSHOP; AMENDING DIVISION 9-CENTRAL BUSINESS DISTRICT, SECTION 90-312 PERMITTED USES, TO INCLUDE TAKE-OUT RESTAURANT TO ITEM (3) RESTAURANT, CAFÉ AND BAR TO ITEM (6) PRIVATE CLUB, NIGHTCLUB; AMENDING SECTION 90-313 SPECIAL EXCEPTION USES, ADDING ITEM (13) PAWNSHOP; AMENDING DIVISION 10-INDUSTRIAL, SECTION 90-342 PERMITTED USES, TO INCLUDE RESTAURANT, TAKE- OUT RESTAURANT TO ITEM (23) CAFÉ, ADDING ITEMS (34) PAWNSHOP AND (35) BAR; AMENDING DIVISION 12-MIXED-USE PLANNED UNIT DEVELOPMENT DISTRICT, SECTION 90-402 PERMITTED USES, TO INCLUDE TAKE- OUT RESTAURANT, CAFE TO ITEM (10) RESTAURANT, BAR TO ITEM (14) PRIVATE CLUB, NIGHTCLUB, AND ADDING ITEM (27) PAWNSHOP; 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 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.