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2020-01-21 Ex 08 Ordinance No. 1204 - Page 1 of 2 Language to be added is underlined. Language to be deleted is struck through. ORDINANCE NO. 1204 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 90 OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF OKEECHOBEE; AMENDING SECTION 90 -512, CREATING A NEW MINIMUM RESTAURANT PARKING STANDARD BASED ON CUSTOMER SERVICE AREA ; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND 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in periodic review of its Ordinances and Land Development Regulations in order to address certain inconsistencies or outdated regu lations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or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. 19-003-TA, at a duly advertised Public Hearing held on December 19, 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 a nd 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: Recitals Adopted. Each of the above stated recitals is true and correct and incorporated herein by this reference: SECTION 2: City Code Amended. The City of Okeechobee Land Development Regulations is hereby revised as follows: CHAPTER 90 – ZONING, ARTICLE IV. – SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 3. – OFF STREET PARKING AND LOADING Section 90-512. - Space regulations. Off-street parking spaces are required as follows: (2) 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 Professional office, business 1 per 300 square feet of floor area service Medical office 1 per 180 square feet of floor area Nursery, lumberyard 1 per 250 square feet of floor area Ordinance No. 1204 - Page 2 of 2 Language to be added is underlined. Language to be deleted is struck through. Restaurant, nNightclub, and bar 1 per 75 square feet of floor area Restaurant 1 per 75 square feet of customer service area, but not less than 3 spaces per restaurant Barbershop, beauty shop, and nail salon 2 per service chair 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. SECTION 3: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: 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 5: Codification. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Okeechobee. 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 21st day of January, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of February, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John Fumero, City Attorney Exhibit 3 December 19, 2019 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 Planning Board From: Ben Smith, AICP Meeting Date: December 19, 2019 Subject: Ordinances to Revise the Land Development Code- Restaurant Parking, Auto Service Stations, Single Family Dwelling Minimum Unit Size, and Reorganization of Housing Standards 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. Historically, use of the term ‘floor area’ in this requirement has sometimes been interpreted to mean all inside and outside customer service areas. However, the term ‘floor area’ typically refers to the amount of floor area within a building. Staff is reviewing this parking standard to determine whether additional clarification is necessary and because it 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 At the October Planning Board meeting, the Board held a workshop and agreed to move forward with a land development code revision to section 90-512 which bases the restaurant parking standard on customer service area instead of floor area. The effect of this change is that, regardless what other uses exist, and regardless where the customer service area is located, the restaurant customer service area is considered in the calculation. Additionally, it was agreed that a minimum number of 3 parking spaces should be provided for any restaurant. These changes are depicted in the attached ordinance. 2 Auto Service Stations The City’s land development code contains a definition for ‘auto service station’ as well as supplemental regulations for auto service stations; which are listed as permitted in the Heavy Commercial (CHV) District, Central Business (CBD) District, Industrial (IND) District and the Mixed-Use Planned Unit Development (PUD-M) District. Section 66-1 provides a definition as follows: Auto service station means an establishment used for sale of motor fuel, oil, motor vehicle accessories, and as an accessory use convenience goods to gasoline customers, and which may include facilities for lubricating, washing, servicing and minor repairs to vehicles, but not including painting and body repairs. Any facility which sells gas and convenience goods meets this definition of ‘auto service station’ and therefore should meet the requirements of Section 90-692, all of which are more restrictive than those of the CHV and CBD district, and most of which are more restrictive than the IND district. While it may be appropriate to require a larger lot area, less lot coverage and greater setbacks from residential, it may not be necessary to require greater setbacks for underground fuel tanks or greater standard setbacks for all structures. It is likely that the service station setbacks and regulations were intended to apply to service stations with above ground fuel tanks. Now that most gas stations utilize underground fuel tanks, this additional setback could be considered an onerous restriction. Based on staff review of site plans for gas stations, it has been a difficult requirement to meet for some facilities. At their October meeting, the Planning Board held a workshop and agreed to reduce the structure and underground fuel tank setback requirements to match the CHV district setbacks, as depicted in the attached ordinance. 3 Single Family Dwelling Minimum Unit Size Staff was directed to examine increasing the minimum size for single family dwellings. The City’s currents standard is located in Section 90-169(1) as follows: Any single-family dwelling located in a RSF-1; RSF-2; RMF; or RMH, 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 At a previous workshop, the Planning Board agreed that increasing the single family dwelling minimum unit size is appropriate, with specific standards adopted for each zoning district where single family dwellings are a permitted use. This allows for the zoning districts with smaller lot sizes (i.e. RMH) to continue to accommodate smaller dwelling unit sizes and to minimize the number of nonconformities that would be created by this code revision. The Board was also not satisfied with the City’s current method of calculating minimum floor area, pointing out that it is not common to include garage areas and that the language concerning “integrated roof system” was also not standard. The Board directed staff to propose a revised minimum floor area calculation that more closely aligns with the current zoning standards and is compatible with the Florida Building Code. Additionally, while reviewing the existing codes for this task, staff discovered several sections of code that are not organized correctly. Article III of Chapter 90 is organized into 15 Divisions. Divisions 2 through 12 and 14 each provide regulations for one specific zoning district. Except that Division 4, which provides the Residential Mobile Home (RMH) district regulations, also includes several sections of code which seem to be intended to apply to multiple districts. The Board agreed that it is appropriate to move these sections to Division 1 of Article III, where they will more clearly apply to other zoning districts besides just the RMH district. All of these proposed revisions are included in the attached ordinance.