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0815 Amending LDRs re: ParkingORDINANCE NO. 815 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTIONS 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS, SECTION 454 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS AND SECTION 474 OFF STREET PARKING SPACE REGULATIONS INSTITUTIONAL USES; PROVIDING FOR INCLUSION OF PUBLIC USE REGULATIONS; PROVIDING FOR OFF STREET VARIANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for parking and loading; and for off street parking, in various zoning or use districts within the City; and WHEREAS, upon review of same, the City of Okeechobee, through staff analysis, has determined that public use or public facility future land use districts should be specifically addressed within these regulations; and WHEREAS, the City of Okeechobee has determined that setting forth specific parking and off site requirements for public uses are in the best interests of the City of Okeechobee, and an appropriate and necessary promulgation of its authority; Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. Sections 452, 454 and 474 of Ordinance No. 716 be amended as follows: 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS 1 The number of spaces may be increased, decreased, or deferred by the City Council when: a A parking study demonstrates that the proposed use would have a demand in excess or, or less than, the requirements of these Regulations. b A parking study demonstrates that the hours of need for maximum parking for two or more joint uses do not normally overlap. c A building is in an historic district or is of historic interest. d A building in a the Commercial, Central Business District, or Public Use Zoning Categories. Items 2 through 5 in Section 452 remain the same. 454 REDUCTION FOR PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS 1 In Commercial, Central Business, and Public Use zoning districts, City Council may reduce the number of parking spaces if the Technical Review Committee finds that there is a surplus of on- street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. Language to be added is underlined Language to be deleted is struck stftteltitreugh Page 1 of 3 2 City Council may require the applicant to provide a parking study, or evidence of ownership or lease of alternative off street parking, and may attach conditions to an approved or alternative parking space reduction. 3 In the CBD the number of parking spaces shall not be reduced by more than 80 percent from that otherwise required in these regulations. 4 In athef Commercial zoning districts the number of parking spaces shall not be reduced by more than 20 percent from that otherwise required in these regulations. 5 In Public Use zoning districts, the number of parking spaces shall not be reduced by more than 50 percent from that otherwise required in these regulations. 474 INSTITUTIONAL USES (OFF- STREET PARKING SPACE REGULATIONS) Government office, Courthouse or other public facilities Place of public assembly or worship Hospital Nursing Home Junior High School Senior High School College Day Care, Pre School, Nursery SECTION 5. EFFECTIVE DATE 1 per 290 400 square feet of net floor area This Ordinance shall take effect immediately upon its passage. 1 per 3 persons in main auditorium 1 per bed 1 per 4 beds, plus 1 for each employee at max shift 3 per classroom 1 per 6 students, plus 1 space per staff member 1 per 3 students, plus 1 space per staff member 1 per 5 students, plus 1 space per staff member In lieu of student parking, day care, preschool and nurseries may provide an off street drop off and pick up area. Required parking for government office, courthouse or other public facilities shall be calculated using net usable floor space. Such net space shall be calculated by excluding from square footage computation such space as mechanical, service, atrium, lobby and storage spaces. The areas used or covered by furnishings. office equipment, partitions, or other items used within usable floor area shall not be excluded from such computation. Usable floor area shall be considered net space, and would include those areas such as offices, waiting and assembly areas, courtrooms, conference rooms, jury rooms, restrooms, holding cells, and generally all space wherein people may meet or assemble to conduct the regular business of the facility. SECTION 2. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. 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. Language to be added is underlined Language to be deleted is strttek-tIlrettgh Page 2 of 3 INTRODUCED for first reading and set for final public hearing on this 3 February, 2003. A TTEST: Lane 'Gamic PASSED AND ADOPTED after Second and Final Public Hearing this 18 day of February, 2003. l Y(_( City Clerk REVIEWED FOR LEGA SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is stfttek-titrettgll James E. Kirk, Mayor /James E. Kirk, Mayor Page 3 of 3 IV. NEW BUSINESS CONTINUED. B. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 390 Central Business Zoning District, more specifically Section 395, Additional Regulations. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 452 Modification of Parking and Loading Space Requirements. January 28, 2003 Land Planning Agency Pa e 3 of 7 ACTION DISCUSSION.- "VOTE :E �.n Attorney Cook explained that in the Commercial Business District zoning there is a zero setback and due to this it is near impossible for any business to comply with the additional regulations. There was discussion regarding the purpose of the citizen boards if this amendment was granted. It was also discussed about the intentions of the citizen boards and was it not their responsibility to make something impossible become reasonably attained. Attorney Cook suggested that if the Agency feels this should be granted but is not comfortable with the wording they can recommend that to the City Council. There was no public comment. There was no further discussion from the Agency. Agency Member Hoover moved to recommend to the City Council to grant approval but, allow for more definitive wording. Agency Member McCoy seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. Attorney Cook explained that the intent of the amendment was to add Public Facilities zoning district to the existing Commercial Business District. There was a brief discussion about if there were any concerns the City Council can order a parking study to be completed. It was stated that an applicant would still need to comply with other regulations within the zoning district There was no public comment. There was no further comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval of Land Development Regulations amendment to Section 452. Agency Member Hoover seconded the motion. IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's) continued. D. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 454 Reduction of Parking Space Requirements in Commercial Districts. E. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 474 Off Street Parking Space Regulations, subsection Institutional Uses. ACTION DISCUSSION-- HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. Attorney Cook explained that he has spoken with Mr. LaRue's office as well as the County's Planning Director and feels that this amendment will benefit everyone. There was no public comment. The there was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 454. Agency Member Keller seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. January 28, 2003 Land Planning Agency Page 4 of 7 Mr. Donald Murray of LaRue Planning and Management Services explained that the courthouse should be added to the government offices because the uses are equal. He further explained the additional change from floor area to net floor area and feels this was in the best interest for the City. There was no public comment. There was no discussion from the Agency. AGENDA IV. NEW BUSINESS CONTINUED. E. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's) continued. F. Consider amending Volume One of the Unified Land Development Code (Land Development Regulations LDR's). The proposed will amend Section 754 Change or Transfer of Nonconforming Use or Structure. ACTION --,DISCUSSION Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 474. Agency Member Hoover seconded the motion. VOTE HOOVER YEA JONES -YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY -YEA WALKER YEA MOTION CARRIED. January 28, 2003 Land Planning Agency Page 5 of 7 There was no public comment. There was no comment from the Agency. Attorney Cook explained that in May of last year this was initially changed. The purpose then to change this section was to make certain that several nonconforming uses disappear. Prior to the change you could continue a nonconforming use and structure but not intensify it once the property was sold. With this wording it would allow for additions and revisions made to both residential and commercial uses and structures. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 754. Agency Member Keller seconded the motion. AGENDA IV. NEW BUSINESS CONTINUED. G. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 758 Extension of Nonconforming Structure. H. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed will amend Section 759 Repair of Nonconforming Structure or Use. .p January 28, 2003 Land Planning Agency Page 6 of 7 CTION DISCUSSION'S Attorney Cook explained that the previous agenda ties into this section of the Land Development Regulations and to keep them consistent should be approved. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 758. Agency Member Hoover seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. Attorney Cook explained that this section also ties into the two previous items and would be best to keep the Land Development Regulations consistent with approval of this amendment. There was no public comment. There was no comment from the Agency. Agency Member Ledferd moved to recommend to the City Council to grant approval for the amendment of the Land Development Regulations specifically to Section 759. Agency Member Hoover seconded the motion. VOTE HOOVER YEA JONES YEA KELLER YEA LEDFERD YEA MCCOY YEA WALKER YEA MOTION CARRIED. To: From: Subject: Date: Memorandum Land Planning Agency John R. Cook, Board Attorney LDR Amendment to Section 474, Institutional Uses January 28, 2003 Please consider the following amendment to Volume One of the Unified Land Development Code (Land Development Regulations LDR's), (new language is underlined, deleted language is ,Hack through): 474 INSTITUTIONAL USES Government office Courthouse or other public facilities Place of public assembly or worship Hospital Nursing Home Junior High School Senior High School College Day Care, Preschool, Nursery 1 per 200 square feet of floor area 1 per 400 square feet of floor area 1 per 3 persons in main auditorium 1 per 1 bed 1 per 4 beds, plus 1 for each employee at maximum shift 3 per classroom 1 per 6 students, plus 1 space per staff member 1 per 3 students, plus 1 space per staff member 1 per 5 students, plus 1 space per staff member In lieu of student parking, day care, preschool and nurseries may provide an off street drop -off and pick -up area. Date: January 28, 2003 Memorandum To: Land Planning Agency From: John R. Cook, Board Attorney Subject: LDR Amendment to Section 454, Reduction of Parking Space Requirements in Commercial Districts Please consider the following amendment to Volume One of the Unified Land Development Code (Land Development Regulations LDR's), (new language is underlined, deleted language is stuck through): 454 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS 1 In commercial, central business district, and public use zoning districts, City Council may reduce the number of parking spaces if the Technical Review Committee finds that there is a surplus of on- street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. 2 City Council may require the applicant to provide a parking study, or evidence of ownership or lease of alternative off street parking, and may attach conditions to an approved or alternative parking space reduction. 3 In the CBD the number of parking spaces shall not be reduced by more than 80 percent from that otherwise required in these regulations. 4 In other Commercial zoning districts, the number of parking spaces shall not be reduced by more than 20 percent from that otherwise required in these regulations. 5 In Public Use zoning districts, the number of parking spaces shall not be reduced by more than 50 percent from that otherwise required in these regulations. Memorandum To: Land Planning Agency From: John R. Cook, Board Attorney Subject: LDR Amendment to Section 452, Modification of Parking and Loading Space Requirements Date: January 28, 2003 Please consider the following amendment to Volume One of the Unified Land Development Code (Land Development Regulations LDR's), (new language is underlined, deleted language is struck through): 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS 1 The number of spaces may be increased, decreased or deferred by City Council when: a A parking study demonstrates that the proposed use would have a demand in excess or, or less than, the requirements of these Regulations. b A parking study demonstrates that the hours of need for maximum parking for two or more joint uses do not normally overlap. c A building is in an historic district or is of historic interest. d A building in the a commercial, Commercial Business District or public use zoning districts. Memorandum To: Land Planning Agency From: John R. Cook, Board Attorney Subject: LDR Amendment to Section 395, Additional Regulations (within Section 390, Central Business District) Date: January 28, 2003 Please consider the following amendment to Volume One of the Unified Land Development Code (Land Development Regulations LDR's), (new language is underlined, deleted language is 395 ADDITIONAL REGULATIONS The following additional Regulations which shall apply to all uses, subject to the limitation that depending on each particular use, some or all of the additional regulations may be impracticable or impossible within such uses, considering minimum yard requirements and maximum lot coverage, but shall be applied where reasonably possible, and include, but are not limited to: 1 Concurrency Regulations 2 Parking and Loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory Regulations 6 Supplementary Regulations 7 Environmental and Stormwater Regulations 8 Utilities Regulations 9 Building Design Guidelines