1204 #19-003-TAORDINANCE 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Development Regulations in order to address certain inconsistencies or outdated regulations contained in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 -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 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: 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
Furniture or appliance
store
1 per 300 square feet of floor area service, except as may
otherwise be specifically identified in this section.
1 per 500 square feet of floor area
Professional office,
business
Medical office
1 per 300 square feet of floor area service
1 per 180 square feet of floor area
Nursery, lumberyard
1 per 250 square feet of floor area
Ordinance No. 1204 - Page 1 of 2
Language to be added is underlined.
Language to be deleted is struck threugh.
Restaurant, nNightclub;
and bar
Restaurant
Barbershop, beauty shop,
and nail salon
Hotel, motel
Auto service, repair or
wash
Automobile sales
Auction house (indoor), or
storefront church with
fixed seating
Auction house (indoor), or
storefront church without
fixed seating
1 per 75 square feet of floor area
1 per 75 square feet of customer service area, but not less
than 3 spaces per restaurant
2 per service chair
1 per bedroom, plus 5 spaces, plus accessory uses
1 per 150 square feet of floor area
1 per 400 square feet of floor area, plus 1 per 1,500 square
feet of outdoor area used for sales or display.
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.
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.
ATTEST:
Lane Ganiotea, CMC, ity Clerk
Dowling R' Watford, Jr., Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of February, 2020.
Dowling R. atford, Jr., Mayor
ATTES / /
!(ij
Lane Gamiotea, CMC, City Clerk
REVIEWED
A UFFICIENCY__
ohn Fumero, City Attorney
Language to be added is underlined.
Language to be deleted is s4 eek-{hreugk+.
Ordinance No. 1204 - Page 2 of 2
city of Meecnobee
Date: f_a/_Iq Petition No. l(f-063_TR
5eneral Services Department
55 S.E. 3`d Avenue, Room 101
Okeechobee, Florida 39974-2903
Phone: (863) 763-3372, ext. 218
Fee Paid: Jurisdiction: P ��
1S Hearing:2 " Hearin
Q g 1-'dI a0 a"�("a0
Publication Dates:
Notices Mailed:
Fax: (863) 763-1686
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1
Name of Applicant: ��lea -0 d
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 (_j No
If yes, provide address(es)
6
REQUEST INFORMATION
Request is for: Text change to an existing section of the LDRs
(� Addition of a permitted use Deletion of a permitted use
7
U Addition of a special exception use (_j Deletion of a special exception use
U Addition of an accessory use (_) Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and
additions in underline format. (This description may be provided on separate sheets if necessary.)
8
LDR Amendment Application Page 1 of 3
F]
rl VVIUC a uClallCu I 1z>111 ly U usCks) W UC auuCu ul u(jICICU allu U1tj LU(III IY u1511IGlk6) a[ IU 6UGl10nkS) IO
be changed. (This description may be provided on separate sheets if necessary.)
REQUIRED ATTACHMENTS
Non-refundable application fee of $500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature
Printed Name
Date
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3
a IIY VIIVVJ VLL—WV11%—v 1-V1\ l7"M1V I IIVV H
CHANGE IN LAND DEVELOPMENT REGULATIONS
(Sec. 70-340, LDR page CD70:16 as modified for a text amendment)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the
proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change
and its likely effects:
1. Are not contrary to Comprehensive Plan requirements.
2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected.
3. Will not have an adverse effect on the public interest.
4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning
districts affected, and is not contrary or detrimental to urbanizing land use patterns.
5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of
other properties in the zoning district(s) affected or nearby thereto.
6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the
neighborhood.
7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services.
8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions.
Your responses to these findings should be as descriptive as possible. Attach additional pages as may be
necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate
it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or
denial.
LDR Amendment Application Page 3 of 3
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.
Providing Planning and management solutions for local governments
1375 Jackson Street, Suite 206 Fort Mgers, PL 35901 239-334-3366 www.laruepIanning.com
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.
LaKy-
planni.ng
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.
L:,R„,,
planning
Bobbie Jenkins
From: Bobbie Jenkins
Sent: Friday, February 21, 2020 1:49 PM
To: Ben Smith
Cc: Lane Gamiotea; City - J.J. Smith; Patty Burnette
Subject: Ordinance 1204 #19 -003 -TA
Attachments: Ordinance No. 1204 #19-003-TA.pdf
Ben,
Attached is Text Amendment #19 -003 -TA Ordinance No. 1204 adopted by the Council at the February 4t" meeting.
Bobbie J. Jenkins
Deputy Clerk
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372 ext. 9814
Direct: (863) 763-9814
Fax: (863) 763-1686
js.
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.
aNDEPENDENT
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken Muros, who on oath says she is the Publisher of
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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,
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Katrina Elsken Muros
Sworn to and subscribed before me this
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NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken, who on oath says she is the Publisher of the Lake
Okeechobee News, a three times a week Newspaper published at
Okeechobee, in Okeechobee,County, Florida,, that the attached
copy of advertisement being a LA'A, �A, f, _
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in the matter
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
Affiant further says that thesaidLake 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
day of@r C
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Notary Public, State of Florida at Large
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CITY OF OKEECHOBEE, Office of the City Clerk
55 SE 3rd Avenue, Okeechobee, FL 34974
Email Transmittal 863-763-3372 x 9814
To: Independent Newspapers, Inc. - Okeechobee News - Ad Dept.
Attention: Janet Levy, jlevy@newszap.com
From: Bobbie Jenkins, Deputy Clerk, bjenkins@cityofokeechobee.com
Ad Type: Legal
Publish On: Wed, 12/4/19 & Fri,
Proof of Affidavit(s): 1
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12/13/19
Date to Finance:
Authorized By:
Date:
Email Date/Time:
Ad/Order #
Amount:
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By:
Date to Finance:
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Mailed On:
CITY OF OKEECHOBEE
PUBLIC NOTICE
LAND DEVELOPMENT REGULATION TEXT AMENDMENT
NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the City of Okeechobee Planning
Board, meeting as the Local Planning Agency on Thurs, Dec. 19, 2019, 6:00 PM, or as soon thereafter as
possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input on amending the
Code of Ordinances, Subpart B Land Development Regulations. Petition No. 19 -003 -TA proposes to amend
the following areas in the Code of Ordinances:
CHAPTER 90 ZONING: Article IV Supplementary District Regulations, Division 3 Off -Street Parking and
Loading, amending Section 90-512 Space Regulations, item (2) Commercial Uses, by adding a minimum
restaurant parking space of one per 75 -square feet of customer service area, but not less than three spaces
per restaurant.
The proposed Amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8
AM -4:30 PM, except for holidays. The public is encouraged to attend.
The Planning Board will issue a recommendation on Petition No. 19 -003 -TA that will be forwarded to the City
Council for consideration at Public Hearings TENTATIVELY scheduled for 6:00 PM on January 21, 2020 and
February 4, 2020.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter
considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record
includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans
with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special
accommodation to participate in this proceeding, contact the General Services Office no later than two
business days prior to proceeding, 863-763-3372.
BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board in
support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be
provided to the Board Secretary for the City's records.
By: Zoning Administrator Marcos Montes De Oca, Petition No. 19 -003 -TA