1008 Special Exception for ALFs
ORDINANCE NO. 1008
.
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED,
AMENDING DIVISION 6 SECTION 90-223; DIVISION 7, SECTION 90-253;
DIVISION 8 SECTIONS 90-282 AND 90-283; THEREOF, TO INCLUDE
ADDITIONAL SPECIAL EXCEPTION USES TO THOSE LAND USE
CATEGORIES, MAKING AS A SPECIAL EXCEPTION USE ASSISTED LIVING
FACILITIES AND HOSPITAL IN SUCH DIVISIONS; PROVIDING FOR
CONFLICTS AND SEVERABILITY; 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 within the City; and
WHEREAS, Ordinance Number716, Land Development Regulations, and asamenqed, to not
currently provide for certain land uses within the City of Okeechobee that currently do
exist, and which should be addressed within the regulations; and
WHEREAS, the land uses of assisted living and hospital are customary and permitted uses
within municipalities and are further provided for in Florida Statutes as permitted uses
in certain land use categories; and
WHEREAS, the issue has been addressed by the Land Planning Agency for the City of
Okeechobee, which considered the types of proposed land uses; which land use
category such uses would be most compatible, and whether such uses should be
classified as permitted uses or special exception uses; and
WHEREAS, the Land Planning Agency has recommended to the City Council for the City of
Okeechobee that assisted living facilities and hospitals would be appropriate for siting
within Commercial Professional Office (CPO), Commercial Light (CL T), and
Commercial Heavy (CHV), Zoning Districts, but only as special exception issues; and
hospitals as a special exception use in Commercial Heavy (CHV) Zoning District; and
WHEREAS, the City Council for the City of Okeechobee accepts the recommendations of the
Land Planning Agency and believes that placement of such land uses within the
recommended zoning district benefits the citizens of the City of Okeechobee, and also
accommodates any developers who.desire to seek a development permit for such uses
within the City of Okeechobee;
NOW THEREFORE, be it ordained by 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:
Section 1. That Ordinance No. 716, Division 6, Section 90-223. SpeCial exception
uses, is hereby amended as follows:
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 )-(9)
llill
No change.
Adult familv care homes. assisted living facility as defined
in Florida Statutes 429.02(5).
Language underlined is to be added.
Language stricken is to be deleted.
Ordinance No.1 008 - Page 1 of 2
Section 2. That Ordinance 716, Division 7, Section 90-253. Special exception uses.,
is hereby amended as follows:
The following uses and structures are permitted in the CL T district after
issuance of a special exception use petition and may have additional
conditions imposed at the time of approval:
(1)-(16)
.em
No change.
Adult family care homes. assisted living facilities as defined
in Florida Statutes 429.02(5).
Section 3. That Ordinance 716, Division 8, Section 90-283. Special exception uses.,
is hereby amended as follows
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 )-(19)
(20)
iW
No change.
Hospitals, which means in patient hospital care.
Adult family care homes. assisted living facilities as defined
in Florida Statutes 429.02(5).
Section 4. Conflicts.
That all ordinances or parts of ordinances in conflict herewith, be and the same are
hereby repealed.
Section 5. Severability.
That if any clause, section or other part of this Ordinance shall be held invalid or
unconstitutional by any court or competent jurisdiction, the remainder of this Ordinance
shall not be effected thereby, but shall remain in full force and effect.
Section 6 4. Effective Date.
This Ordinance shall take effect immediately upon its passage.
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INTRO~'!JCE.D for first reading and set for final public hearing on this 5th day of Februarv,
200~,,: '.
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i' ATTEST: ')
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".., ";-" '. . W . I . . tr&-
Lane Gamiotea, CMC, City Clerk
James E. Kirk, Mayor
PAS~EO,AND ADOPTED after Second and Final Public Hearing this 19th day of February,
2008.;"', , :'
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Lane Gamiotea, CMC, City Clerk
. ED FOR ~A4SUFFICIENCY:
AJ--I ~Z
ohn R. Cook, City Attorney
~
'.
Language underlined is to be added,
Language stricl<8F1 is to be deleted.
Ordinance No.1 008 - Page 2 of 2
It*zi City of Okeechobee
a'=?ti �'" Speedy Message Office of the City Clerk
To: Betty & Melisa Date: 9/3/2008
Re: Changes made to Ord 1008
You'd questioned the final copy of Ord 1008 after it was adopted and
the reason the recommendation from the PB was not the same as
the language in the ordinance. The motion from the PB contained 4
recommendations:
(1) Add Adult Family Care homes or Assisted Living Facilities as
a Special Exception use in CLT. This is the same in the
adopted ordinance. However, in the original proposed copy to
the Council it was proposed to be added as a Permitted use.
(2) Add Adult Family Care homes or Assisted Living Facilities as
a Special Exception use in CPO. This is the same in the
adopted ordinance. However, in the original proposed copy to
the Council it was proposed to be added as a Permitted use.
(3) Add Adult Family Care homes or Assisted Living Facilities as
a Permitted use in CHV. This was changed in the adopted
ordinance by Brisson, upon further review of the matter after
the PB meeting to go from permitted use to special exception
use.
(4) Add Public or Private Hospitals as a permitted use in CHV.
This was changed in the adopted ordinance by Brisson, upon
further review of the matter after the PB meeting to go from
permitted use to special exception use. He also changed the
languages to be "hospitals, which means in patient hospital
care." The proposed ordinance also had "hospitals" listed as
a permitted in use in CLT & CPO, which Brisson deleted.
Thank you! �€