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1281, Prohibiting Medical Marijuana DispensariesORDINANCE NO. 1281 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LAND DEVELOPMENT REGULATION (LDR) TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 LIGHT COMMERCIAL (CLT) DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 HEAVY COMMERCIAL (CHV) DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CENTRAL BUSINESS (CBD) DISTRICT SECTION 90-312 PERMITTED USES, AND DIVISION 10 INDUSTRIAL (IND) DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number (No.) 716, as amended, known as the LDRs; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and LDRs in order to address certairi inconsistencies or outdated regulations contained in the Codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or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 LDR Text Amendment Application No. 23 -004 -TA, at a duly advertised Public Hearing held on September 21, 2023, 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 LDRs more consistent and responsive to the needs of the City and its citizens; and WHEREAS, on June 16, 2014, Florida's Compassionate Medical Cannabis Act of 2014 became law. This act legalized the cultivation, production, and dispensing of a low -THC derivative product of marijuana for "qualified patients"; and WHEREAS, on December 19, 2017, the City Council adopted Ordinance No. 1163 which amended the City's LDRs to identify Medical Marijuana Dispensaries as a use permitted within certain zoning districts in the City; and WHEREAS, the City Council desires to prohibit Medical Marijuana Dispensaries in all zoning districts of the City of Okeechobee, Florida pursuant to Florida Statutes (F.S.) Section 381.986(11)(b)(1) as amended and succeeded; and WHEREAS, for the purposes of this Ordinance, underlined type shall denote additions to and strike through shall denote deletions from the original text. 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: Ordinance No. 1281, Page 1 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is 6tFusk-ihrough SECTION 1: RECITALS. The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and made a part hereof for all intents and purposes. SECTION 2: AMENDMENT TO CODE CHAPTER 66. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 66 General Provisions, Section 66-1. Definitions, is hereby amended to add the following: Medical marijuana dispensary means a facility licensed or registered by the Florida Department of Health that dispenses medical marijuana or products containing marijuana and related supplies to qualifying patients or their caregivers, pursuant to statute. A medical marijuana dispensing facility does not cultivate process, transfer, or prepare any form of marijuana or marijuana product. SECTION 3: AMENDMENT TO CODE CHAPTER 90, ARTICLE III. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 90 Zoning, Article III Districts and District Regulations, is hereby amended to read as follows: DIVISION 7. CLT DISTRICT Section 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. . DIVISION 8. CHV DISTRICT Section 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, taxi stand, 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. . 4-9) (18) Pawnshop, DIVISION 9. CBD DISTRICT Section 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. Ordinance No. 1281, Page 2 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is struck through (10) Commercial parking garage or lot. (11) Storefront church located in a unit in a multi-use building or shopping center. . • DIVISION 10. IND DISTRICT Section 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) Mediral marijuana dispeRsary as defined and regulated On F.S., . @4) (331 Pawnshop. (35) (34) Bar. SECTION 4: EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING. Existing medical marijuana dispensary facilities shall be considered nonconforming uses as of the effective date of this Ordinance. SECTION 5: CONFLICT. All ordinances or parts or ordinances in conflict herewith are hereby repealed. SECTION 6: INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall become and made a part of the City of Okeechobee Code of Ordinances, that the Sections may be renumbered or re -lettered to accomplish such intentions; and the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 7: 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 8: EFFECTIVE DATE. This Ordinance shall be effective upon final adoption on second reading. Ordinance No. 1281, Page 3 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is strask through INTRODUCED at a Public Hearing for First Reading and set for Final Public Hearing on this 7th day of November 2023. Roll Call Vote: Council Member Chandler: Council Member/Vice Mayor Clark Council Member Jarriel: Council Member McAuley: Mayor Watford: ATT ST: Lane 6amiotea, CMC City Clerk Yes No Abstained Absent x x x x x Dowl ng R. Watford, Jr. Mayor PASSED AND ADOPTED after Second Reading and Final Public Hearing this 5th day of December 2023. Roll Call Vote: Council Member Chandler: Council Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: ATT • IDA ` Lane Gdmiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: Jo J. Fumero, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. Yes No Abstained Absent x x x x x Ordinance No. 1281, Page 4 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is 6tFUGk-threugh Dow4 g R. Watford, Jr. Mayor • • ORDINANCE NO. 1281 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBIEE AS SUBMITTED IN LAND DEVELOPMENT REGULATION (LDR) TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; .AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ;ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 LIGHT COMMERCIAL (CLT) DISTRICT SECTION 90-252 PERMITTED USE:, DIVISION 8 HEAVY COMMERCIAL (CHV) DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CENTRAL BUSINESS (CBD) DISTRICT SECTION 90-312 PERMITTED USES, AND DIVISION 10 INDUSTRIAL (INC)) DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number (No.) 716, as amendE!d, known as the LDRs; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and LDRs 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 LDR Text Amendment Application No. 23 -004 -TA, at a duly advertised Public Hearing held on September 21, 2023, 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 LDRs more consistent and responsive to the needs of the City and its citizens; and WHEREAS, on June 16, 2014, Florida's Compassionate Medical Cannabis Act of 2014 became law. This act legalized the cultivation, production, and dispensing of a low -THC derivative product of marijuana for "qualified patients"; and WHEREAS, on December 19, 2017, the City Council adopted Ordinance No. 1163 which amended the City's LDRs to identify Medical Marijuana Dispensaries as a use permitted within certain zoning districts in the City; and WHEREAS, the City Council desires to prohibit Medical Marijuana Dispensaries in all zoning districts of the City of Okeechobee, Florida pursuant to Florida Statutes (F.S.) Section 381.986(11)(b)(1) as amended and succeeded; and WHEREAS, for the purposes of this Ordinance, underlined type shall denote additions to and strike through shall denote deletions from the original text. 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: Ordinance No. 1281, Page 1 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is stcusk through SECTION 1: RECITALS. The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and made a part hereof for all intents and purposes. SECTION 2: AMENDMENT TO CODE CHAPTER 66. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 66 General Provisions, Section 66-1. Definitions, is hereby amended to add the following: Medical marijuana dispensary means a facility licensed or registered by the Florida Department of Health that dispenses medical marijuana or products containing manluana and related supplies to qualifying patients or their caregivers pursuant to statute. A medical marijuana dispensing facility does not cultivate process transfer, or prepare any form of marijuana or marijuana product. SECTION 3: AMENDMENT TO CODE CHAPTER 90, ARTICLE III. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 90 Zoning, Article III Districts and District Regulations, is hereby amended to read as follows: DIVISION 7. CLT DISTRICT Section 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. . DIVISION 8. CHV DISTRICT Section 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, taxi stand, 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. . 4.9) (18) Pawnshop. DIVISION 9. CBD DISTRICT Section 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. Ordinance No. 1281, Page 2 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is s"4 tA--o (10) Commercial parking garage or lot. (11) Storefront church located in a unit in a multi -use building or shopping center. (�ed'Gal FnaFij11-. , . DIVISION 10. IND DISTRICT Section 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) MediGal marijt+ar . (34) u Pawnshop. (35) u Bar. SECTION 4: EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING. Existing medical marijuana dispensary facilities shall be considered nonconforming uses as of the effective date of this Ordinance. SECTION 5: CONFLICT. All ordinances or parts or ordinances in conflict herewith are hereby repealed. SECTION 6: INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall become and made a part of the City of Okeechobee Code of Ordinances, that the Sections may be renumbered or re -lettered to accomplish such intentions; and the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 7: 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 8: EFFECTIVE DATE. This Ordinance shall be effective upon final adoption on second reading. Ordinance No. 1281, Page 3 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is skasktpreugh INTRODUCED at a Public Hearing for First Reading and set for Final Public Hearing on this 7th day of November 2023. Roll Call Vote: Council Member Chandler: Council Member/Vice Mayor Clark Council Member Jarriel: Council Member McAuley: Mayor Watford: ATT�S"11ta, ,'y &C--, Lane Gamiotea, CMC City Clerk Yes No Abstained Absent x x x x x Dowlfng R. Watford, Jr. Mayor PASSED AND ADOPTED after Second Reading and Final Public Hearing this 5th day of December 2023. Roll Call Vote: Council Member Chandler: Council Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: Yes No Abstained Absent x x x x Dowling R. Watford, Jr. Mayor ATT • S . Lane G miotea, CM City Clerk REVIEWED FOR LEGAL SUFFICIENCY: Jdhn J. Fumero, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. Ordinance No. 1281, Page 4 of 4 If applicable, language to be added is underlined. If —li—N. lannii fn ha riolat—I is cf,­6ihrm-mh 366 .0 - CITY OF OKEECHOBEE, FLORIDA DECEMBER 5, 2023, REGULAR CITY COUNCIL MEETING MEETING MINUTES d ry CALL TO ORDER Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on December 5, 2023, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3,d Avenue (AVE), Room 200, Okeechobee, Florida. The invocation was offered by Mayor Watford; followed by the Pledge of Allegiance led by Council Member McAuley. 1 II. ATTENDANCE City Clerk Lane Gamiotea cal ed the roll. Members present to establish a quorum: Mayor Dowling R. Watford, Jr., Vice Mayor Monica M. Clark, and Council Members Noel A. Chandler, Robert "Bob" J. Jarriel, and David R. McAuley, III. AGENDA AND PUBLIC COMMENTS A. Changes to the agenda were as follows: Items V.D. and E., were withdrawn from the Consent Agenda and added to New Business, items VII.D. and E., and the motions changed from "... approve the disposal ..." to " ... designate as surplus and destroy ...". B. Motion and second by Council Members Jarriel and McAuley to approve the agenda as amended. Motion Carried Unanimously. C. There were no comment cards submitted for public participation for issues not on the agenda. IV. PRESENTATIONS AND PROCLAMATIONS A. Miss Lila Bishop, an Osceola Middle School student, and Future Farmers of America (FFA) Club member, was recognized for placing third, with her project titled "Don't Burn the Bacon," on November 3, 2023, at the National FFA Convention in Indianapolis, Indiana. Miss Alyssa Cortez and Miss Emily Hildebrand, Okeechobee 4-H Club members, were recognized for placing seventh at the Eastern National 4-H Horse I Round -Up in Louisville, Kentucky last month. V. CONSENT AGENDA Motion by Council Member Jai-riel, second by Vice Mayor Clark to: A. Dispense with the reading and approve the Minutes for November 7, and 21, 2023, [as presented in Exhibit 11; and B. Reappoint Mrs. Donna Hcward to the General Employees' Pension Board of Trustees, as City resident one of two appointed by the City Council, term being January 1, 2024, through December 31, 2027 [as presented in Exhibit 21; and C. Cancel the December 19, 2023, regular Council Meeting. D. Item was moved to New Business, item VII.D. E. Item was moved to New Business, item VII.E. Motion Carried Unanimously. VI. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:14 P.M. A. Motion by Vice Mayor Clark, second by Council Member McAuley to read by title only, proposed Ordinance No. 1281, Land Development Regulation (LDR) Text Amendment Application No. 23 -004 -TA, adding a definition for Medical Marijuana Dispensaries, removing them as a permitted use in the following Zoning Districts: Light Commercial (CLT), Heavy Commercial (CHV), Commercial Business District ' (CBD), and Industrial (IND;; and existing facilities to be considered nonconforming uses [as presented in Exhibit 51. Motion Carried Unanimously. City Attorney John Fumero read the title of proposed Ordinance No. 1281 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LDR TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 CLT DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 CHV DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CBD DISTRICT SECTION 90-312 PERMITTED USES, AND DIVISION 10 IND DISTRICT DECEMBER 5, 2023, CITY COUNCIL REGULAR MEETING, PAGE 1 OF 3 367 VI. PUBLIC; HEARING FOR ORDINANCE ADOPTION CONTINUED A. Continued. SECTION 90.342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Jarriel and Chandler to adopt proposed Ordinance No. 1281. The Planning Board recommends approval. Mayor Watford opened the floor to public comments. Mr. Carl Horbath and Ms. Lisa Dean expressed their opposition to adopting the proposed Ordinance. Roll Call Vote: Chandler -Yea, Clark -Yea, Jarriel-Yea, McAuley -Yea, Watford -Yea. Motion Carried Unanimously. B. Motion and second by Council Members Chandler and Jarriel to read by title only, proposed Ordinance No. 1282, Abandonment of Right -of -Way (R -O -W) Petition No. 23 -002 -AC, for the alleyway laying North to South (S) between Lots 3 through 6 and 9 through 12 of Block 34, FIRST ADDITION TO S OKEECHOBEE, Plat Book (PB) 1, Page (PG) 17, Okeechobee County public records, submitted by Steven M. Guelff, on behalf of the property owners, Guelff Family Limited Partnership and Porter Holdings of Okeechobee. The property is located between S Parrott and Southwest (SW) 2nd AVE, and SW 171h and 18th Streets (ST) [as presented in Exhibit 6]. Motion Carried Unanimously. Attorney Fumero read the title of proposed Ordinance No. 1282 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING A CERTAIN R -O -W BEING AN UNIMPROVED PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 34, FIRST ADDITION TO S OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PB 1, PG 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AS SUBMITTED IN ABANDONMENT OF R -O -W PETITION NO. 23 -002 -AC; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 'Motion by Council Member Jarriel, second by Vice Mayor Clark, to adopt proposed Ordinance No. 1282. The Technical Review Committee and Planning Board recommend approval. There were no public comments. Roll Call Vote: Chandler -Yea, Clark -Yea, Jarriel-Yea, McAuley -Yea, Watford -Yea. Motion Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:36 P.M. VII. NEW BUSINESS A. Motion and second by Council Members McAuley and Jarriel to adopt proposed Resolution No. 2023- 09, confirming the 2024 schedule of regular meetings [of the City Council as presented in Exhibit 7 and adding an asterisk to the December 17, 2024, meeting as it may be canceled]. Motion Carried Unanimously. B. Motion and second by Council Members Chandler and McAuley to approve the proposal from B & B Site Development, Inc., in the amount of $27,960.00 to conduct emergency repairs to the Northeast 4th ST [drainage ditch East of 6th AVE, as presented in Exhibit 8, related to the Kimley-Horn and Associates Agreement approved on October 17, 20231. Motion Carried Unanimously. C. Motion and second by Council Members Chandler and McAuley to approve an Agreement [under the Awarded Contract RFQ No. ADM -01-23-07-21] in the amount of $185,007.68 to Kimley-Horn and Associates for professional engineering services for improvements and general hardening to City Hall [as presented in Exhibit 91 ' Motion Carried Unanimously. D. Motion by Vice Mayor Clar<, second by Council Member McAuley to designate as surplus and destroy Brite Stands for Fujitsu Tablets used by the Police Department [Exhibit 3 will be corrected to change selling on GovDeals.com to destroying]. Motion Carried Unanimously. E. Motion by Vice Mayor Clark, second by Council Member McAuley to designate as surplus and destroy Fujitsu Tablets and Scanners used by the Police Department [Exhibit 4 will be corrected to change selling on GovDeals.com to destroying]. Motion Carried Unanimously. DECEMBER 5, 2023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 3 ,.OF -OKE PUBLICNOTICE FIL_F r�PY pYd fag, CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council for the City of Okeechobee will conduct a Regular Meeting on December 5, 2023, at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL. The public is inviited to attend and be heard on all matters. The agenda packet will be posted online one week prior to the meeting date and may be viewed and/or downloaded from https://www.cityof okeechobee.com/Agenda Mlnutes-GityCouncil.html. In addition to general items of discussion and consideration, a Public Hearing will be conducted to consider the following matters, all of which can be inspected/viewed in their entirety in the City Clerk's Office, at the address above, Rm 100, during normal business hours, Mon -Fri, 8 AM -4:30 PM, excluding holidays, contact 863-763-9814. They will also be posted online one week prior to the PUBLIC HEARING date, with the City Council agenda materials on the City Nebsite at the page noted above. • ORDINANCE NO. 1281: AN ORDIINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPEN>ARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LAND DEVELOPMENT REGULATION (LDR) TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 LIGHT COMMERCIAL (CLT) DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 HEAVY COMMERCIAL (CHV) DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CENTRAL BUSINE1►S (CBD) DISTRICT SECTION 90-312 PERMITTED USES, AND DIVISION 10 INDUSTRIAL (IND) DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. This amendment will prohibit any new medical marijuana dispensaries in the City Limits and make existing dispensaries nonconforming uses. The Planning Board recommends approval. • ORDINANCE NO. 1282: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING A CERTAIN RIGHT-OF-WAY (R -O -W) BEING AN UNIMPROVED PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 34, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AS SUBMITTED IN ABANDONMENT OF R -O -W PETITION NO. 23 -002 -AC; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE:. This will close the remaining 15 -foot wide alleyway lying North to South between Lots 3 to 6 and 9 to 12 of said Block 34. The Petition was submitted by Mr. Steven M. Guelff, on behalf of the property owners, Guelff Family Limited Partnership and Porter Holdings of Okeechobee. The Technical Review Committee and Planning Board are recommending approval. 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 Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the 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, persons with disabilities needing special accommodation to pa,ticipate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Mayor Dowling R. Watford, Jr. City Clerk Lane Gamiotea NOTICE POSTED: 11121/23 BBMEBSITE, 11/28123 SM Lake Okeechobee News 147qlm 313 NW 4th Avenue A11DEPENDENT Okeechobee, Florida 34972 NEWSMEDIA INC. USA 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of SCE! Gt'ffC'�Lhd the Lake Okeec ee s, a weekly Newspaper published in Okeechobeeoun% F da, th e a tached copy of an advertisement being a + C [ P in the matter o4 )VA in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of - i i I'a(� I �C"�3 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 EAen Muros Sworn to and subscribed before me by means of �hysical presence or _ online notariz i*on, this IPA ` i day of \ ,� ��i`' -Lb'l r- xA- Public, State of Florida at Large 5678\ Qell R� VEp a DEC 0 5 1413 O� Z95h 0 123 3bee hool 7 SouthCentralFloridaLife.com I Lake Okeechobee News I November 29, 2023 13 CITY OF OKEECHOBEE NOTICE OF LAND DEVELOPMENT REGULATIONS CHANGE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, FL, will conduct a FINAL PUBLIC HEARING TO CONSIDER ADOPTING, the following proposed Ordinance (No. 1281), prohibiting the operation of medical marijuana dispensaries within the City Limits: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIB- ITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY 01= OKEECHOBEEAS SUBMITTED IN LAND DEVELOPMENT REGULATION (LDR) TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTI- CLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 LIGHT COMMERCIAL (CLT) DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 HEAVY COMMERCIAL (CHV) DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CENTRAL BUSINESS (CBD) DISTRICT' SECTION 90-312 PERMITTED USES, AND DIVISION 10 INDUSTRIAL_ (IND) DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. This PUBLIC HEARING will be held on Tuesday, December 5, 2023, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd AVE, Room 200, Okeechobee, FL. The public is invited to attend the PUBLIC HEARING and be heard on all matters. The proposed ordinance can be inspected in its entirety at the address above in Room 100, during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays, contact the City Clerk's Office staff at 863-763-9814. The proposed Ordinance and related information will be posted online ore week prior to the PUBLIC HEARING date, with the City Council agenc'a materials on the City website at https://www.cityof okeechobee.com/Agen- daMlnutes-CityCouncil.html. BE ADVISED that should you intend to show any document, picture, vide, or items to the Council in support or opposition of this item, a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the reco�d includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act, persons with disabilities needing special accommodation to participate in this proceeding should con- tact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. . By: City Clerk Lane Gamiotea, CMC LON ad#626393 November 29,2023 Exhibit 5 12/05/2023 ORDINANCE NO. 1281 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LAND DEVELOPMENT REGULATION (LDR) TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 LIGHT COMMERCIAL (CLT) DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 HEAVY COMMERCIAL (CHV) DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CENTRAL BUSINESS (CBD) DISTRICT SECTION 90-312 PERMITTED USES, AND DIVISION 10 INDUSTRIAL (IND) DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number (No.) 716, as amended, known as the LDRs; and WHEREAS, the City of OkE!echobee, Florida, has a legitimate interest in periodic review of its Ordinances and LDRs in order to address certain inconsistencies or outdated regulations contained in the Coces; to make amendments to meet changing community standards, or to accommodate neN 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 LDR Text Amendment Application No. 23 -004 -TA, at a duly advertised Public Hearing held on September 21, 2023, 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 LDRs more consistent and responsive to the needs of the City and its citizens; and WHEREAS, on June 16, 2014, Florida's Compassionate Medical Cannabis Act of 2014 became law. This act legalized the cultivation, production, and dispensing of a low -THC derivative product of marijuana for "qualified patients"; and WHEREAS, on December 19, 2017, the City Council adopted Ordinance No. 1163 which amended the City's LDRs to identify Medical Marijuana Dispensaries as a use permitted within certain zoning districts in the City; and WHEREAS, the City Council desires to prohibit Medical Marijuana Dispensaries in all zoning districts of the City of Okeechobee, Florida pursuant to Florida Statutes (F.S.) Section 381.986(11)(b)(1) as amended and succeeded; and WHEREAS, for the purposes of this Ordinance, underlined type shall denote additions to and stoke through shall denote deletions from the original text. 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: Ordinance No. 1281, Page 1 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is sEwsk thmw }tr SECTION 1: RECITALS. The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and made a part hereof for all intents and purposes. SECTION 2: AMENDMENT TO CODE CHAPTER 66. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 66 General Provisions, Section 66-1. Definitions, is hereby amended to add the following: Medical marijuana dispensary means a facility licensed or registered by the Florida Department of Health that dispenses medical marijuana or products containing marijuana and related supplies, to qualifying patients or their caregivers, pursuant to statute. A medical marijuana dispensingT facility does not cultivate process, transfer, or prepare any form of marijuana or marijuana product. SECTION 3: AMENDMENT TO CODE CHAPTER 90, ARTICLE III. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 90 Zoning, Article III Districts and District Regulations, is hereby amended to read as follows: DIVISION 7. CLT DISTRICT Section 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 siore. ( Gal MaF'jU1 DIVISION 8. CHV DISTRICT Section 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 par<ing garage or lot, taxi stand, 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. AAS . {'I-9) (18) Pawnshop. DIVISION 9. CBD DISTRICT Section 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. Ordinance No. 1281, Page 2 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is sHaskthrough (10) Commercial parking garage or lot. (11) Storefront church located in a unit in a multi -use building or shopping center. (12) Med'Gal marij. DIVISION 10. IND DISTRICT Section 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 facilitiE�s. (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). 43) Gal maFijue4 . 443 (33) Pawnshop. P�) (34) Bar. SECTION 4: EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING. Existing medical marijuana dispensary facilities shall be considered nonconforming uses as of the effective date of this Ordinance. SECTION 5: CONFLICT. All ordinances or parts or ordinances in conflict herewith are hereby repealed. SECTION 6: INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall become and made a part of the City of Okeechobee Code of Ordinances, that the Sections may be renumbered or re -lettered to accomplish such intentions; and the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 7: SEVERA131LITY. 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 8: EFFECTIVE DATE. This Ordinance shall bE+ effective upon final adoption on second reading. Ordinance No. 1281, Page 3 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is sKaskttxeugh INTRODUCED at a Public Hearing for First Reading and set for Final Public Hearing on this 7th day of November 2023. Roll Call Vote: Yes No Abstained Absent Council Member Chandler: Council Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: Dowling R. Watford, Jr. Mayor ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 5th day of December 2023. Roll Call Vote: Yes No Abstained Absent Council Member Chandler: Council Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: Dowling R. Watford, Jr. Mayor ATTEST: Lane Garniotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. Ordinance No. 1281, Page 4 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is VI. PUBLIC HEARING FOR FINAL PLAT ADOPTION CONTINUED A. Continued. There were no public comments. For clarification, the final plat will not be executed by City officials until the contingencies stated above have been approved by the City's Planner, Reviewing Engineer, and Surveyor. Motion Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:14 P.M. VII. MAYOR WATFORD OPENED THE FIRST PUBLIC HEARING FOR PROPOSED CHANGES TO THE PERMITTED USES IN SEVERAL ZONING DISTRICTS AT 7:14 P.M. A. Motion by Vice Mayor Clark, second by Council Member Jarriel to read by title only, proposed Ordinance No. 1281, Land Development Regulation (LDR) Text Amendment Application No. 23 -004 -TA, adding a definition for Medical Marijuana Dispensaries, removing them as permitted uses in the following zoning districts: Light Commercial (CLT), Heavy Commercial (CHV), Commercial Business District (CBD), and Industrial (IND); and existing facilities to be considered nonconforming [as presented in Exhibit 7]. Motion Carried Unanimously. City Attorney Greg Hyden read the title of proposed Ordinance No. 1281 into the record as follows: "AN ORDINANCE OF THE (:ITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LDR TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 CLT DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 CHV DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CBD SECTION 90-312 PERMITTED USES, AND DIVISION 10 IND DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion by Council Members Chandler, second by Vice Mayor Clark, to approve the first reading and set December 5, 2023, as the Final Public Hearing date for proposed Ordinance No. 1281. Mrs. Raia Black asked whether the Ordinance allowed or prohibited medical marijuana dispensaries. Mayor Watford responded it would prohibit the operation of any new dispensaries and existing ones would be nonconforming uses. Roll Call Vote: Chandler -Yea, Clark -Yea, Jarriel-Yea, McAuley -Yea, Watford -Yea. Motion Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:19 P.M VIII. NEW BUSINESS A. Mr. David Ramdon, President and Chief Executive Officer of Advanced Medical Sanitation, a biomedical waste facility, is interested in purchasing property within the City's Commerce Center to expand his business. The Council previously declined the offer when informally made through Administrator Ritter. In an effort to explain the riethod and processing used, Mr. Ramdon gave a detailed explanation, utilizing photographs in a 21 -slide presentation, labeled as Exhibit 15. The consensus of the Council was to reconsider selling property within the Commerce Center to Mr. Ramdon, this item will be discussed at a future meeting. B. Ms. Kaylee King, PresidE,nt of the Okeechobee County Economic Development Council, provided a quarterly update which included a brief overview of their mission, purpose, and membership. Activity from July through October 202" included 30 business meetings, one site visit, 15 speaking engagements, one new project, and continued work on 12 active projects. Business support for Fiscal Year 2022-23 included 29 prospects. Future projects for 2023-24 include Business Retention and Expansion Program, Positive Community Campaign, Site Selection Inventory -Utility Capacity, support of Okeechobee Junior Leadership Program, Career Fair 2024, Treasure Coast Makers Workforce Campaign, Indian River State College Data Campus Initiative, and continued support of Policom Objectives. The power point is labeled as Exhibit 14, this was for informational purposes only, no official action required. C. Motion and second by Council Members McAuley and Jarriel to read by title only, proposed Ordinance No. 1282, Abandonment of Right -of -Way (R -O -W) Petition No. 23 -002 -AC, for the alleyway laying N to S between Lots 3 through 6 and 9 through 12 of Block 34, FIRST ADDITION TO S OKEECHOBEE, Plat Book (PB) 1, Page (PG) 17, Okeechobee County Public Records. Application submitted by Steven M. Guelif, on behalf of property owners, Guelff Family Limited Partnership and Porter Holdings of Okeechobee. The property is located between S Parrott and SW 2nd AVE and SW 17th and 18th ST [as presented in Exhibit 8]. Motion Carried Unanimously. NOVEMBER 7, 2023, CITY COUNCIL REGULAR MEETING, PAGE 3 OF 5 C>j� oF•OKFFcy�m m CITY OF OKEECHOBEE, FLORIDA PLANNING BOARD MEETING 9 SEPTEMBER 21, 2023 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, September 21, 2023, at 6:07 P.M. in the City Council Chambers, located at 55 Southeast (SE) Third Avenue, Room 200, Okeechobee, Florida. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Board Members Phil Baughman, Carl Berlin, Jr., Karyne Brass, and Alternate Board Members Jon Folbrecht and Jim Shaw were present. Vice Chairperson Doug McCoy, and Board Member Mac Jonassaint were absent without consent. Chairperson Hoover moved Alternate Board Members Folbrecht and Shaw to voting position. III. AGENDA A. There were no iterns added, deferred, or withdrawn from the agenda. B. Motion by Member Folbrecht, seconded by Member Shaw to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Member Baughman, seconded by Member Folbrecht to dispense with the reading and approve the June 15, 2023, Regular Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:09 P.M. A. Consider Land Development Regulations (LDR) Text Amendment Application No. 23 -002 -TA, which proposes to amend Chapter 78, Land Development Standards, Article IV, Stormwater Management, to reflect required changes adopted by the State on stormwatE!r management regulations. 1. City Attorney Stephen Conteaguero with Nason, Yeager, Gerson, Harris & Fumero, briefly reviewed the proposed ordinance stating this is to bring the existing City LDR into conformance with the Florida Department of Environmental Protection. This ordinance is to help protect the City's resources from the harmful effects of unmanaged stormwater runoff. It also addresses illicit discharges and post construction run off. 2. No public comments were offered. 3. No Ex -Parte disclosures were offered. 4. Motion by Member Folbrecht, seconded by Member Berlin to recommend approval to the City Council for LDR Text Amendment Application No. 23- 002 -TA, as presented in [Exhibit 11. The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for October 17, 2023, and November 21, 2023. Motion Carried Unanimously. B. Consider LDR Text Amendment Application No. 23 -004 -TA, which proposes to amend Section 66-1, adding a definition for Medical Marijuana Dispensaries and Zoning Districts Permitted Uses Section's 90-252 for Light Commercial, 90-282 for Heavy Commercial, 90-312 for Central Business District, and 90-342 for Industrial, to prohibit Medical Marijuana Dispensaries in the City. 1. City Attorney Conteaguero briefly reviewed the proposed ordinance stating this proposed language would prohibit Medical Marijuana dispensaries in all zoning districts in the City and any existing ones would be considered non- conforming uses. Should an existing facility be sold, then the use would not be permitted. 2. No public comments were offered. 3. No Ex -Parte disclosures were offered. 4. Motion by Member Berlin, seconded by Member Shaw to recommend approval to the City Council for LDR Text Amendment Application No. 23- 004 -TA, as presented in [Exhibit 21. The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for November 7, 2023, and December 5, 2023. Motion Carried Unanimously. CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 6:24 P.M. September 21, 2023, Planning Board Meeting Page 1 of 2 Exhibit 2, September 21, 2023 City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 10115' Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Date: - Petition No. — ;__ Fee Paid: ^ Jurisdiction: Hearing: 2" Hearing: i ? 3 Publication Dates: Notices Mailed: Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: ' - lCLi uk , - 2 Mailing address: " 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? (_) Yes (_) No 5 If yes, lDrovide address(es) 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 (_) 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 descript on of text changes to existing section(s) showing deletions in strikeeut and additions in underline format. (This description may be provided on separate sheets if necessary.) ��o Pau dy ,. ; J � e u� � :t 8 LDR Amendment Application Page ] of 3 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to 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 appllicant 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 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, to add the following: Medical marijuana dispensary means a facility licensed or registered by the Florida Department of Health that dispenses medical marijuana or products containing marijuana and related supplies, to qualifying patients or their caregivers, pursuant to statute. A medical marijuana dispensing facility does not cultivate process, transfer, or prepare any form of rnariivana or marijuana product. 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 90 -Zoning, Article III - Districts and District Regulations, Division 7 — Light Commercial (CLT) District 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. 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 90 -Zoning, Article III - Districts and District Regulations, Division 8 — Heavy Commercial (CHV) District 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. 49) (18) Pawnshop. 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 90 -Zoning, Article III - Districts and District Regulations, Division 9 — Central Business (CBD) District 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) MediGal marijuaRa dispensaFy s defined and regulated 'R F.S., § 381.996. 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 90 -Zoning, Article III - Districts and District Regulations, Division 10 — Industrial (IND) District 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). (34� (33) Pawnshop. (36) 34 Bar. Existing medical marijuana dispensary facilities shall be considered non -conforming uses. FILE COPY d N� 361 VI. PUBLIC HEARING FOR FINAL PLAT ADOPTION CONTINUED A. Continued. There were no public comments. For clarification, the final plat will not be executed by City officials until the contirgencies stated above have been approved by the City's Planner, Reviewing Engineer, and Surveyor. Motion Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:14 P.M. VII. MAYOR WATFORD OPENED THE FIRST PUBLIC HEARING FOR PROPOSED CHANGES TO THE PERMITTED USES IN SEVERAL ZONING DISTRICTS AT 7:14 P.M. A. Motion by Vice Mayor Clark, second by Council Member Jarriel to read by title only, proposed Ordinance No. 1281, Land Development Regulation (LDR) Text Amendment Application No. 23 -004 -TA, adding a definition for Medical Marijuana Dispensaries, removing them as permitted uses in the following zoning districts: Light Commercial (CLT), Heavy Commercial (CHV), Commercial Business District (CBD), and Industrial (IND); and existing facilities to be considered nonconforming [as presented in Exhibit 71. Motion Carried Unanimously. City Attorney Greg Hydem read the title of proposed Ordinance No. 1281 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LDR TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 CLT DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 CHV DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CBD SECTION 90-312 PERMITTED USES, AND DIVISION 10 IND DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion by Council Members Chandler, second by Vice Mayor Clark, to approve the first reading and set December 5, 2023, as the Final Public Hearing date for proposed Ordinance No. 1281. Mrs. Raia Black asked whether the Ordinance allowed or prohibited medical marijuana dispensaries. Mayor Watford responded it would prohibit the operation of any new dispensaries and existing ones would be nonconforming uses. Roll Call Vote: Chandler -Yea, Clark -Yea, Jarriel-Yea, McAuley -Yea, Watford -Yea. Motion Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:19 P.M VIII. NEW BUSINESS A. Mr. David Ramdon, President and Chief Executive Officer of Advanced Medical Sanitation, a biomedical waste facility, is interested in purchasing property within the City's Commerce Center to expand his business. The Council previously declined the offer when informally made through Administrator Ritter. In an effort to explain the method and processing used, Mr. Ramdon gave a detailed explanation, utilizing photographs in a 21 -slide presentation, labeled as Exhibit 15. The consensus of the Council was to reconsider selling property within the Commerce Center to Mr. Ramdon, this item will be discussed at a future meeting. B. Ms. Kaylee King, President of the Okeechobee County Economic Development Council, provided a quarterly update which included a brief overview of their mission, purpose, and membership. Activity from July through October 2023 included 30 business meetings, one site visit, 15 speaking engagements, one new project, and continued work on 12 active projects. Business support for Fiscal Year 2022-23 included 29 prospects. Future prcjects for 2023-24 include Business Retention and Expansion Program, Positive ' Community Campaign, Site Selection Inventory -Utility Capacity, support of Okeechobee Junior Leadership Program, Career Fair 2024, Treasure Coast Makers Workforce Campaign, Indian River State College Data Campus Initiative, and continued support of Policom Objectives. The power point is labeled as Exhibit 14, this was fcr informational purposes only, no official action required. C. Motion and second by Council Members McAuley and Jarriel to read by title only, proposed Ordinance No. 1282, Abandonment of Right -of -Way (R -O -W) Petition No. 23 -002 -AC, for the alleyway laying N to S between Lots 3 througi 6 and 9 through 12 of Block 34, FIRST ADDITION TO S OKEECHOBEE, Plat Book (PB) 1, Page (PG) 17, Okeechobee County Public Records. Application submitted by Steven M. Guelff, on behalf of property owners, Guelff Family Limited Partnership and Porter Holdings of Okeechobee. The property is located between S Parrott and SW 2nd AVE and SW 17th and 18th ST [as presented in Exhibit 81. IMotion Carried Unanimously. NOVEMBER 7, 2023, CITY COUNCIL REGULAR MEETING, PAGE 3 OF 5 o `wOFoK PUBLIC MEETING NOTICE Uri #`�� REGULAR CITY COUNCIL NOVEMBER 7, 2023 NOTICE IS HEREBY GIVEN that the City Council for the City of Okeechobee will conduct a Regular Meeting on November 7, 2023, at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL. The public is invited to attend and be heard on all matters. Copies of the agenda will be available at the meeting, or prior to the meeting, and may be viewed and/or downloaded from https://www.cityof okeechobee.com/AgendaMlnutes-Cit�tCouncil.html. In addition to general items of discussion and consideration, a Public Hearing will be conducted to consider the following matters, all of which can be inspected/viewed in their entirety in the City Clerk's Office, at the address above, Rm 100, during normal business hours, Mon -Fri, 8 AM -4:30 PM, excluding holidays, contact 863-763-9814. They will also be posted online one week prior to the PUBLIC HEARING date, with the City Council agenda materials on the City website at the page noted above. • Final Plat Application No. 23.00 ►-TRC/FP (postponed from September 14, 2023, and October 17, 2023): submitted by Adam Ramsay, Registered Agent for Park Street Okeechobee, LLC on behalf of property owner, William R. Grigsby, Jr. The proposed development is a 16.2+/- ac commercial subdivision, to be titled: PARK STREET COMMERCE CENTER, located in the 1100 to 1200 blocks along the N side of N Park ST/ SR 70 E, just W of the eastern City Limits/NE 13th AVE. The newly platted subdivision will consist of five lots for future commercial development, two master stormwater tracts, ROW NE 3rd ST and NE 13th AVE, and an abandonment of the unimproved and unutilized portion of NE 12th AVE, formerly Mobley ST. The newly created lots and master stormwater tracts are to consist of the following approximate acreage: Lot 1, 1.581 ac, Lot 2, 2.155 ac, Lol 3, 2.363 ac, Lot 4, 1.992 ac, Lot 5, 2.142 ac, Stormwater Tract A, 2.023 ac, and Stormwater Tract B, 2.638 ac. Lots 1 and 2 will front along N Park ST/SR 70 E, Stormwater Tract A to be located N of Lots 1 and 2. NE 3rd ST is to be situated N of Stormwater Tract A and S of Lots 3 to 5. Stormwater Tract B, to be located N of Lots 3 to 5. The new roadways, to be improved and dedicated to the City for the public: NE 3,d ST will be a 50 -ft wide roadway and run from NE 13th AVE westward to a cul-de- sac. NE 13th AVE, is a ROW to be for future construction, beginning N of NE 2nd ST, will be 50 -ft wide, and created by a 25 -ft wide by 895.52 -ft long strip of land located along the E boundary line of the subject property from the N boundary line of the subject property and run southward to NE 2nd ST. The newly dedicated 25 -ft by 895.52 -ft ROW abuts and is parallel with an existing Okeechobee County ROW. • First Reading/Public Hearing and set December 5, 2023, as the Final Public/Adoption date for proposed ORDINANCE NO. 1281: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LAND DEVELOPMENT REGULATION (LDR) TEXT AMENDMENT APPLICATION NO. 23.004 -TA; AMENDING THE: CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 LIGHT COMMERCIAL (CLT) DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 HEAVY COMMERCIAL (CHV) DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CENTRAL BUSINESS (CBD) DISTRICT SECTION 90-312 PERMITTED USES, AND DIVISION 10 INDUSTRIAL (IND) DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR; CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. This will pimhibit the operation of medical marijuana dispensaries within the City Limits. 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 Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the 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, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: Mayor Dowling R. Watford, Jr. City Clerk Lane Gamiotea NOTICE POSTED: 10/1 8/23-BB/WEBSITE/SM n aNDEPENDBNT 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 the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, !)rida that the \attached copy of an advertisement being aA"-i .'t-` _ Lake Okeechobee News 313 NW 4th Avenue Okeechobee, Florida 34972 863-763-3134 in the matter od (OKA in the 19th Judicial District of the Circuit Cou eof Okeechobee County, Florida, was published in said newspaper in the issues of 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, Muros Sworn to and subscribed before me by means of mph is cy al presence or _ online notarization, this ,� e day of :c t; AD Notary Public, State of Florida at Large a 0 du 6t tt 01 BASS FISHING OHS Fishing team Competes in FL Bass Nation Jr tourney From left to right: Captain Terry Seabolt, Finn Taylor, Tanner Seabolt Ragyn Mohney, Hunter Daniels, and Captain David Mohney. [Courtesy photo] SPECIAL TO LAKE OKEECHOBEE NEWSo LEESBURG — The Okeechobee High School fishing team competed in the Flori- da Bass Nation junior/ High School tourna- ment on Lake Harris in Leesburg on Oct. 7-8. The OHS Brahman Anglers represented Okeechobee well bring- ing home the top honors in the first South Trail event of the season. The competition was fierce and the field included 180 boats with Junior/High school and collegiate teams. Hunter Daniels and Ragyn Mohney won first place with a limit of large- mouth bass weighing 22.89 lbs. The duo also won the Big Bass award with 7.43 lbs. Both Hunter and Ragyn were each awarded a $500 scholarship. Tanner Seabolt and Finn Taylor also took home $300 in schol- arships for their third place finish with 17.24 lbs. Other teammates who were able to catch a 5 bass limit were Clayton Oxford and Michael Palmer with 11.31 lbs. for 30th place and Lane Davis and Korbyn Lewis with 10.6 lbs. for 34th place. The high school anglers accomplished all they did while grieving the loss of volunteer boat captain Ryan { First place winners Ragyn Mohne/ and Hunter Daniels. [Courtesy photo] Third place winners Tanner Seabolt and Finn Taylor. [Courtesy photo] Haynes who tragically passed away in a con- struction accident just a few days before the tournament. Ryan was a great role model for the students and was ex- 7,i cited to be a part of the team. A few teammates 9 wore Ryan's jersey during the tournament ,y as a way to honor him. ! .. Some of the Brahman Anglers and volunteer Ryan Haynes was a volunteer captains will attend the boat captain who recently passed away. [Courtesy photo] funeral service with full family has asked that in military honors being lieu of flowers donations held in Radford, Virgin- be made to the OHS is on Oct. 13. Ryan's Bass Club. SouthCentralFloridaLife.com I Lake Okeechobee [News I October 25, 2023 17 CITY OF OKEECHOBEE NOTICE OF LAND DEVELOPMENT REGULATIONS CHANGE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, FL, will conduct a PUBLIC HEARING to consider a First Reading and set a Final Public Hearing date for the following proposed Ordinance (No. 1281), prohibiting the operation of medical marijuana dispensaries within the City Limits: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LAND DEVELOPMENT REGULATION (LDR) TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 LIGHT COMMERCIAL (CLT) DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 HEAVY COMMERCIAL (CHV) DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CENTRAL BUSINESS (CBD) DISTRICTSECTION 90- 312 PERMITTED USES, AND DIVISION 10 INDUSTRIAL (IND) DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. This PUBLIC HEARING will be held on Tuesday, November 7, 2023, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd AVE, in the Council Chambers Room 200, Okeechobee, FL. The public is invited to attend the PUBLIC HEARING and be heard on all matters. The proposed ordinance can be inspected in its entirety at the address above in Room 100, during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays, contact the City Clerk's Office staff at 863-763-9814. The proposed Ordinance and related information will be posted online one week prior to the PUBLIC HEARING date, with the City Council agenda materials on the City website at https:// www.cityofokeechobee.com/AgendaMinutes-CityCouncil.html. BE ADVISED that should you intend to show any document, picture, video, or items to the Council in support or opposition of this item, a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the 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, persons with disabilities needing special accommodation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763- 9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. By: City Clerk Lane Gamiotea, CMC LON ad#620944 October 25,23 FILE (nP Exhibit 7 60- 4rWS/ 11/07/2023 D3 tV4fip ORDINANCE NO. 1281 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LAND DEVELOPMENT REGULATION (LDR;i TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 LIGHT COMMERCIAL (CLT) DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 HEAVY COMMERCIAL (CHV) DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CENTRAL BUSINESS (CBD) DISTRICT SECTION 90-312 PERMITTED USES, AND DIVISION 10 INDUSTRIAL (IND) DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number (No.) 716, as amended, known as the LDRs; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and LDRs 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 LDR Text Amendment Application No. 23 -004 -TA, at a duly advertised Public Hearing held on September 21, 2023, 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 Boarc 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 LDRs more consistent and responsive to the needs of the City and its citizens; and WHEREAS, on June 16, 2014, Florida's Compassionate Medical Cannabis Act of 2014 became law. This act legalized the cultivation, production, and dispensing of a low -THC derivative product of marijuana for "qualifed patients"; and WHEREAS, on December 19, 2017, the City Council adopted Ordinance No. 1163 which amended the City's LDRs to identify Medical Marijuana Dispensaries as a use permitted within certain zoning districts in the City; and WHEREAS, the City Council desires to prohibit Medical Marijuana Dispensaries in all zoning districts of the City of Okeechobee, Florida pursuant to Florida Statutes (F.S.) Section 381.986(11)(b)(1) as amended and succeeded; and WHEREAS, for the purposes of this Ordinance, underlined type shall denote additions to and s#+ke through shall denote deletions from the original text. 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: Ordinance No. 1281, Page 1 of 4 If applicable, language to be added is undedined. If applicable, language to be deleted is 64uskthreug4 SECTION 1: RECITALS. The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and made a part hereof for all intents and purposes. SECTION 2: AMENDMENT TO CODE CHAPTER 66. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 66 General Provisions, Section 66-1. Definitions, is hereby amended to add the following: Medical mariivana di;;pensary means a facility licensed or registered by the Florida Department of Health that dispenses medical marijuana or products containing marijuana and related supplies, to qualifying patients or their caregivers, pursuant to statute. A medical marijuana dispensing facility does not cultivate process, transfer, or prepare any form of marijuana or mariivanarp oduct. SECTION 3: AMENDMENT TO CODE CHAPTER 90, ARTICLE III. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 90 Zoning, Article III Districts and District Regulations, is hereby amended to read as follows: DIVISION 7. CLT DISTRICT Section 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. (9) 'Gal mariju., a 381.986. DIVISION 8. CHV DISTRICT Section 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, taxi stand, 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. 4,84 MediGal P;aF*ju--,- dis—Risary as defiRed and regulated In F.S. § 391-996. 49) Pawnshop. DIVISION 9. CBD DISTRICT Section 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. Ordinance No. 1281, Page 2 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is ('10) Commercial parking garage or lot. (11) Storefront church located in a unit in a multi -use building or shopping center. AAed'Gal Mar'jL1ar DIVISION 10. IND DISTRICT Section 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, rE'tail 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 rionhazardous 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). ? MediGal FqaF0jU-r,n clionnnc!3ry as defined and regulated 'R P.9., § 381. R4} L331 Pawnshop. {24) (34) Bar. SECTION 4: EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING. Existing medical marijuana dispensary facilities shall be considered nonconforming uses as of the effective date of this Ordinance. SECTION 5: CONFLICT. A01 ordinances or parts or ordinances in conflict herewith are hereby repealed. SECTION 6: INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall become and made a part of the City of Okeechobee Code of Ordinances, that the Sections may be renumbered or re -lettered to accomplish such intentions; and the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 7: 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 8: EFFECTIVE DATE. This Ordinance shall be effective upon final adoption on second reading. Ordinance No. 1281, Page 3 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is sNask through INTRODUCED at a Public Hearing for First Reading and set for Final Public Hearing on this 71th day o1' November 2023. Roll Call Vote: Yes No Abstained Absent Council Member Chandler: Council Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: Dowling R. Watford, Jr. Mayor ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 5th day of December 2023. Roll Call Vote: Yes No Abstained Absent Council Member Chandler: Council Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: Dowling R. Watford, Jr. Mayor ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. Ordinance No. 1281, Page 4 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is stcdsk thFougb OF•OKFF CITY OF OKEECHOBEE, FLORIDA m PLANNING BOARD MEETING ' SEPTEMBER 21, 2023 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, September 21, 2023, at 6:07 P.M. in the City Council Chambers, located at 55 Southeast (SE) Third Avenue, Room 200, Okeechobee, Florida. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Board Members Phil Baughman, Carl Berlin, Jr., Karyne Brass, and Alternate Board Members Jon Folbrecht and Jim Shaw were present. Vice Chairperson Doug McCoy, and Board Member Mac Jonassaini were absent without consent. Chairperson Hoover moved Alternate Board Members Folbrecht and Shaw to voting position. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Member Folbrecht, seconded by Member Shaw to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Member Baughman, seconded by Member Folbrecht to dispense with the reading and approve the June 15, 2023, Regular Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:09 P.M. A. Consider Land Development Regulations (LDR) Text Amendment Application No. 23 -002 -TA, which proposes to amend Chapter 78, Land Development Standards, Article IV, Stormwater Management, to reflect required changes adopted by the State on stormwater management regulations. 1. City Attorney Stephen Conteaguero with Nason, Yeager, Gerson, Harris & Fumero, briefly reviewed the proposed ordinance stating this is to bring the existing City LDR into conformance with the Florida Department of Environmental Protection. This ordinance is to help protect the City's resources from the harmful effects of unmanaged stormwater runoff. It also addresses illicit discharges and post construction run off. 2. No public comments were offered. 3. No Ex -Parte disclosures were offered. 4. Motion by Member Folbrecht, seconded by Member Berlin to recommend approval to the City Council for LDR Text Amendment Application No. 23- 002 -TA, as presented in [Exhibit 1]. The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for October 17, 2023, and November 21, 2023. Motion Carried Unanimously. B. Consider LDR Text Amendment Application No. 23 -004 -TA, which proposes to amend Section 66-1, adding a definition for Medical Marijuana Dispensaries and Zoning Districts Permitted Uses Section's 90-252 for Light Commercial, 90-282 for Heavy Commercial, 90-312 for Central Business District, and 90-342 for Industrial, to prohibit Medical Marijuana Dispensaries in the City. 1. City Attorney Conteaguero briefly reviewed the proposed ordinance stating this proposed language would prohibit Medical Marijuana dispensaries in all zoning districts in the City and any existing ones would be considered non- conforming uses. Should an existing facility be sold, then the use would not be permitted. 2. No public cornments were offered. 3. No Ex -Parte disclosures were offered. 4. Motion by Member Berlin, seconded by Member Shaw to recommend approval to the City Council for LDR Text Amendment Application No. 23- 004 -TA, as presented in [Exhibit 2]. The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for November 7, 2023, and December 5, 2023. Motion Carried Unanimously. CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 6:24 P.M. September 21, 2023, Planning Board Meeting Page 1 of 2 Exhibit 2, September 21, 2023 City of Okeechobee Date:pM Petition No. — Oc - General Services Department Fee Paid: NIA Jurisdiction: )8 E 00 55 S.E. 3`d Avenue, Room 101 151 Hearing: n- _ 2nd Hearing:f f- 23 ?- Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 2,18 Publication Dates: Notices Mailed: Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant: 2 Mailing address: — 3 "It A,Vena. 3 E-mail address: 4 Daytime phone(s): Do you own residential property within the City? (_) Yes (_) No 5 If yes, provide address(es) 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 (_) 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 strikeeut and additions in underline format. (This description maybe provided on separate sheets if necessary.) �Jee 0� -(� P,1 D oS 2� 4 Vl�.�d n��►-� w o�u u vi, 8 LDR Amendment Application Page 1 of 3 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 n 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 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This descriptian may be provided on separate sheets if necessary.) ,t CtG �1 Pht) pose. O_Aynd Vrwj 9 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 n 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 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, to add the following: Medical marijuana dispensary means a facility licensed or registered by the Florida Department of Health that dispenses medical marijuana or products containing marijuana and related supplies, to qualifying patients or their caregivers, pursuant to statute. A medical marijuana dispensing facility does not cultivate process, transfer, or prepare any form of marijuana or marijuana product. 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 90 -Zoning, Article III - Districts and District Regulations, Division 7 — Light Commercial (CLT) District 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. 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 90 -Zoning, Article III - Districts and District Regulations, Division 8 — Heavy Commercial (CHV) District 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 un't in a multi -use building or shopping center (14) Taxidermist. (15) Pet grooming. (16) Convenience store. (17) Indoor auction house. 49) (18) Pawnshop. The City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart 13 - Land Development Regulations, providing for amendments to Chapter 90 -Zoning, Article III - Districts and District Regulations, Division 9 — Central Business (CBD) District 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. 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 90 -Zoning, Article III - Districts and District Regulations, Division 10 — Industrial (IND) District 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). (34� (33) Pawnshop. (3�4 (34) Bar. Existing medical marijuana dispensary facilities shall be considered non -conforming uses. Lane Gamiotea From: Sent: To: Cc: Subject: Tracking: Lane Gamiotea Monday, October 23, 2023 3:20 PM Jacqueline Boer; Gary Ritter Heather Prince; Katie Rogers; Patty Burnette Nov 7 Agenda Items Recipient Jacqueline Boer Gary Ritter Heather Prince Katie Rogers Patty Burnette Read Read: 10/23/2023 3:36 PM Read: 10/24/2023 9:32 AM November 7 Regular Council Meeting Agenda Items from the City Clerks Office. know its early, but since I'm only here 3 days next week, and we have to work out in records during those days, I'm trying to get everything out and off my desk as quick as possible 0 Consent Items: Motion to dispense with the reading and approve the Minutes for October 17, 2023. [Jacqueline, would it be possible to number the minutes and warrant registers with Exhibit #'s like the other materials?] OPEN PUBLIC HEARING FOR FINAL PLAT ADOPTION POSTPONED FROM OCTOBER 17, 2023. 1 know Patty will be providing this, but just wanted to make sure. It will be the same wording for the motion. The Exhibit should be all the final documents we've been waiting for. OPEN THE FIRST PUBLIC HEARING FOR PROPOSED CHANGES TO THE PERMITTED USES IN SEVERAL ZONING DISTRICTS. Motion to read by title only, approve the first reading, and set December 5, 2023, as the Final Public Hearing for proposed Ordinance No. 1281, Land Development Regulation Text Amendment Application No. 23 -004 -TA, adding a definition for Medical Marijuana Dispensaries, removing them as a permitted use in the following Zoning Districts: Light Commercial, Heavy Commercial, Commercial Business District, and Industrial; and existing facilities to be considered nonconforming uses. [I'm finalizing the Ordinance and getting with Patty to coordinate the rest of the documents that accompany it]. NEW BUSINESS Motion to read by title only, approve the first reading, and set December 5, 2023, as the Final Public Hearing for proposed Ordinance No. 1282, Abandonment of Right -of -Way Petition No. 23 -002 -AC, for the alleyway laying North to South between Lots 3 through 6 and 9 through 12 of Block 34 FIRST ADDITION TO SOUTH OKEECHOBEE, Plat Book 1, Page 17, Okeechobee County public records. Application submitted by Steven MI. Guelff, on behalf of the property owners, Guelff Family Limited Partnership and Porter Holdings oi� Okeechobee. The property is located between South Parrott and SW 2nd Avenues and SW 17' and 18t" Streets. ORDINANCE NO. 1281 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROHIBITING MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF OKEECHOBEE AS SUBMITTED IN LAND DEVELOPMENT REGULATION (LDR) TEXT AMENDMENT APPLICATION NO. 23 -004 -TA; AMENDING THE CODE OF ORDINANCES CHAPTER 66 GENERAL PROVISIONS, SECTION 66-1 DEFINITIONS; AMENDING CHAPTER 90 ZONING, ARTICLE III DISTRICTS AND DISTRICT REGULATIONS, DIVISION 7 LIGHT COMMERCIAL (CLT) DISTRICT SECTION 90-252 PERMITTED USES, DIVISION 8 HEAVY COMMERCIAL (CHV) DISTRICT SECTION 90-282 PERMITTED USES, DIVISION 9 CENTRAL BUSINESS (CBD) DISTRICT SECTION 90-312 PERMITTED USES, AND DIVISION 10 INDUSTRIAL (IND) DISTRICT SECTION 90-342 PERMITTED USES; PROVIDING FOR EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number (No.) 716, as amended, known as the LDRs; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances and LDRs 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 LDR Text Amendment Application No. 23 -004 -TA, at a duly advertised Public Hearing held on September 21, 2021��, 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 LDRs more consistent and responsive to the needs of the City and its citizens; and WHEREAS, on June 16, 2014 Florida's Compassionate Medical Cannabis Act of 2014 became law. This act legalized the cultivation, production, and dispensing of a low -THC derivative product of marijuana for "qualified patients"; and WHEREAS, on December 19, 2017, the City Council adopted Ordinance No. 1163 which amended the City's LDRs to identify Medical Marijuana Dispensaries as a use permitted within certain zoning districts in the City; and WHEREAS, the City Council desires to prohibit Medical Marijuana Dispensaries in all zoning districts of the City of Okeechobee, Florida pursuant to Florida Statutes (F.S.) Section 381.986(11)(b)(1) as amended and succeeded; and WHEREAS, for the purposes of this Ordinance, underlined type shall denote additions to and stere threugh shall denote deletions from the original text. 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: Ordinance No. 1281, Page 1 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is struck threugk SECTION 1: RECITALS. The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and made a part hereof for all intents and purposes. ��X��[�7►�_1i'1�►1�] �l�`ii-t�Id�77��:nii�: That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 66 General Provisions, Section 66-1. Definitions, is hereby amended to add the following: Medical marijuana dispensarV means a facility licensed or registered by the Florida Department of Health that dispenses medical marijuana or products containing marijuana and related supplies, to qualifying patients or their caregivers, pursuant to statute. A medical marijuana dispensing facility does not cultivate process, transfer, or prepare any form of marijuana or marijuarla product. SECTION 3: AMENDMENT TO CODE CHAPTER 90, ARTICLE III. That Part II of the Code of Ordinances, Subpart B-LDRs, Chapter 90 Zoning, Article III Districts and District Regulations, is hereby amended to read as follows: DIVISION 7. CLT DISTRICT Section 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. R Med+Gal maFiji ., § 381.9 DIVISION 8. CHV DISTRICT Section 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, taxi stand, 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. 484 Med+Gal Fnari}earra diSpeRsary as defined and regulated 'R F.S. § 381.98&7 (} 1181 Pawnshop. DIVISION 9. CBD DISTRICT Section 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. Ordinance No. 1281, Page 2 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is skask thFeugh (10) Commercial parking garage or lot. (11) Storefront church located in a unit in a multi -use building or shopping center. 42} Med+sal Fnar+ju . DIVISION 10. IND DISTRICT Section 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). k3,14defiRed and . , § 381 . (34} u Pawnshop. (-35} (34) Bar. SECTION 4: EXISTING MEDICAL MARIJUANA DISPENSARIES NONCONFORMING. Existing medical marijuana dispensary facilities shall be considered nonconforming uses as of the effective date of this Ordinance. SECTION 5: CONFLICT. All ordinances or parts or ordinances in conflict herewith are hereby repealed. SECTION 6: INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall become and made a part of the City of Okeechobee Code of Ordinances, that the Sections may be renumbered or re -lettered to accomplish such intentions; and the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 7: 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 8: EFFECTIVE DATE. This Ordinance shall be effective upon final adoption on second reading. Ordinance No. 1281, Page 3 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is skask-4hreugl� INTRODUCED at a Public HE;aring for First Reading and set for Final Public Hearing on this 7th day of November 2023. Roll Call Vote: Yes No Abstained Absent Council Member Chandler: Council Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: Dowling R. Watford, Jr. Mayor ATTEST: Lane Gamiotea, CMC City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 5th day of December 2023. Roll Call Vote: Yes No Abstained Absent Council Member Chandler: Council Member/Vice Mayor C ark: Council Member Jarriel: Council Member McAuley: Mayor Watford: Dowling R. Watford, Jr. Mayor ATTEST: Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. Ordinance No. 1281, Page 4 of 4 If applicable, language to be added is underlined. If applicable, language to be deleted is dough 1•OF-0/AFF _r° CITY OF OKEECHOBEE, FLORIDA PLANNING BOARD MEETING SEPTEMBER 21, 2023 SUMMARY OF BOARD ACTION CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, September 21, 2023, at 6:07 P.M. in the City Council Chambers, located at 55 Southeast (SE) Third Avenue, Room 200, Okeechobee, Florida. II. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Board Members Phil Baughman, Carl Berlin, Jr., Karyne Brass, and Alternate Board Members Jon Folbrecht and Jim Shaw were present. Vice Chairperson Doug McCoy, and Board Member Mac Jonassaint were absent without consent. Chairperson Hoover moved Alternate Board Members Folbrecht and Shaw to voting position. III. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Member Folbrecht, seconded by Member Shaw to approve the agenda as presented. Motion Carried Unanimously. C. There were no comment cards submitted for public participation. IV. MINUTES A. Motion by Member Baughman, seconded by Member Folbrecht to dispense with the reading and approve the June 15, 2023, Regular Meeting minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:09 P.M. A. Consider Land Development Regulations (LDR) Text Amendment Application No. 23 -002 -TA, which proposes to amend Chapter 78, Land Development Standards, Article IV, Stormwater Management, to reflect required changes adopted by the State on stormwater management regulations. 1. City Attorney Stephen Conteaguero with Nason, Yeager, Gerson, Harris & Fumero, briefly reviewed the proposed ordinance stating this is to bring the existing City LDR into conformance with the Florida Department of Environmental Protection. This ordinance is to help protect the City's resources from the harmful effects of unmanaged stormwater runoff. It also addresses illicit discharges and post construction run off. 2. No public comments were offered. 3. No Ex -Parte disclosures were offered. 4. Motion by Member Folbrecht, seconded by Member Berlin to recommend approval to the City Council for LDR Text Amendment Application No. 23- 002 -TA, as presented in [Exhibit 1]. The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for October 17, 2023, and November 21, 2023. Motion Carried Unanimously. B. Consider LDR Text Amendment Application No. 23 -004 -TA, which proposes to amend Section 66-1, adding a definition for Medical Marijuana Dispensaries and Zoning Districts Permitted Uses Section's 90-252 for Light Commercial, 90-282 for Heavy Commercial, 90-312 for Central Business District, and 90-342 for Industrial, to prohibit Medical Marijuana Dispensaries in the City. 1. City Attorney Conteaguero briefly reviewed the proposed ordinance stating this proposed language would prohibit Medical Marijuana dispensaries in all zoning districts in the City and any existing ones would be considered non- conforming uses. Should an existing facility be sold, then the use would not be permitted. 2. No public comments were offered. 3. No Ex -Parte disclosures were offered. 4. Motion by Member Berlin, seconded by Member Shaw to recommend approval to the City Council for LDR Text Amendment Application No. 23- 004 -TA, as presented in [Exhibit 21. The recommendation will be forwarded to the City Council for consideration at Public Hearings, tentatively scheduled for November 7, 2023, and December 5, 2023. Motion Carried Unanimously. CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 6:24 P.M. September 21, 2023, Planning Board Meeting Page 1 of 2 iNDEPENIDENT NUSNIEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 09/06/23. 09/13,123 (Print Dates) or by publication on the newspaper's website, if authorized, on 09/06/23. 09/07/23, 09/08/23, 09/09/23. 0)/10/23, 09/11/23, 09/12/23. 09/13/23 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrrnn Elsken Mums Sworn to and subscribed before me by means of Physical Presence [X Online Notarization physical presence or online notarization, this 13th day of September. 2023. (Signature of Notary Public) STAMP OF NOTAR-c' PUBLIC 'FILE COPY Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 aTr OF OKEECHOM PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXTAMEND MENT' NOTICEIS HEREBY GIVEN tat a PUBLICHEARING will be held bdare the Gly of Cleednbee PZ�1,r2r�� Lia3d (FB), maetirg =V. s the Lod F}7rcirtg at Oty Hal, M= Ian 200, 6pm�adidiee, to mrgda and�6�r °" "a sclDRk),"9 ad`�b,ta�n.'T�r�ep1�6C` is iNibad m atlad and be heard an a, mine. The AppYatim pcposes to amend 5e3lm 66.1, addrg a dehition for Med- fel Mbi�r� Dispermies, std B2 boring � Uses sedeuls 9D -M fv LkjtCmrredal 90-2ffi Rx H�ry Gmne®I, 9D312 kxCentral &erg Disb1Q, and 9o -3Z for Udusbial, to prcttst Nitwit Mmripau L�'r pessaries it the Gty The App6Obon 01 be irwecltcWieNad at the address abo e n Room 101, doing ra7tiar Manes nous, NkrrRi, 9 AM -4:30 PM erupt far Wdays, ccrr tart Crneral Seas starfac a63-763�IB24. TheApplrabon will beposted orineone week priortodr av&g dft v& ma�s��„we�te at h43s://wwwieKhoae- i. The PB wil offer a moony aldatim to the City Corstal fbr artsdeaton TBOMV13Y shedle! fur 6 PM an Nmol ber 7, 2023 (Fust ReadN) and Decanher 5, 2023 (Fral Adaption} IiE novls� that sMuH Yai rtreld to sMw arsy d�y„ert, pictL7, vd,4 or Farts to the PB it st;;sort or oppaRf as to any mein m the ageda, a copyof de doarnert Se for the Otjls nsnrds. � Q SO MCInvust D GTO ded LAPP arN da.. made bl the Ps win reseed: m mats wuiff ! at ftmeettg will need m ease a wbatm ravel of the pnirg is made and the record irckaks the a artd eAdene wart which the apped Abe ice. In amoidart a with the A1ne OrG with Disabiitles Artparfidpate ine, pesoro with dates the ffsalaadlM �'Aoa paoxnriodatioriert 8E 3-7'.5 4, 1iVm�rtMtg Faida Relay 7-1-1 no tris tan far hu4rtess days pricy to pFroaea7rtg. By. Gary Ricer, mnig Pd-istr-ator, No, B-aWTA 613656 LON 4,'6,132023 Q�1234S6 d RECEIVED ,p cy SEP 13 1023 r ( \�Fi f Sil t.±1 O1PH Ilii 1-E (Signature of Notary Public) STAMP OF NOTAR-c' PUBLIC 'FILE COPY Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 aTr OF OKEECHOM PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXTAMEND MENT' NOTICEIS HEREBY GIVEN tat a PUBLICHEARING will be held bdare the Gly of Cleednbee PZ�1,r2r�� Lia3d (FB), maetirg =V. s the Lod F}7rcirtg at Oty Hal, M= Ian 200, 6pm�adidiee, to mrgda and�6�r °" "a sclDRk),"9 ad`�b,ta�n.'T�r�ep1�6C` is iNibad m atlad and be heard an a, mine. The AppYatim pcposes to amend 5e3lm 66.1, addrg a dehition for Med- fel Mbi�r� Dispermies, std B2 boring � Uses sedeuls 9D -M fv LkjtCmrredal 90-2ffi Rx H�ry Gmne®I, 9D312 kxCentral &erg Disb1Q, and 9o -3Z for Udusbial, to prcttst Nitwit Mmripau L�'r pessaries it the Gty The App6Obon 01 be irwecltcWieNad at the address abo e n Room 101, doing ra7tiar Manes nous, NkrrRi, 9 AM -4:30 PM erupt far Wdays, ccrr tart Crneral Seas starfac a63-763�IB24. TheApplrabon will beposted orineone week priortodr av&g dft v& ma�s��„we�te at h43s://wwwieKhoae- i. The PB wil offer a moony aldatim to the City Corstal fbr artsdeaton TBOMV13Y shedle! fur 6 PM an Nmol ber 7, 2023 (Fust ReadN) and Decanher 5, 2023 (Fral Adaption} IiE novls� that sMuH Yai rtreld to sMw arsy d�y„ert, pictL7, vd,4 or Farts to the PB it st;;sort or oppaRf as to any mein m the ageda, a copyof de doarnert Se for the Otjls nsnrds. � Q SO MCInvust D GTO ded LAPP arN da.. made bl the Ps win reseed: m mats wuiff ! at ftmeettg will need m ease a wbatm ravel of the pnirg is made and the record irckaks the a artd eAdene wart which the apped Abe ice. In amoidart a with the A1ne OrG with Disabiitles Artparfidpate ine, pesoro with dates the ffsalaadlM �'Aoa paoxnriodatioriert 8E 3-7'.5 4, 1iVm�rtMtg Faida Relay 7-1-1 no tris tan far hu4rtess days pricy to pFroaea7rtg. By. Gary Ricer, mnig Pd-istr-ator, No, B-aWTA 613656 LON 4,'6,132023 Q�1234S6 d RECEIVED ,p cy SEP 13 1023 r ( \�Fi f Sil PUBLIC MEETING NOTICE LAND DEVELOPMENT REGULATIONS TEXT AMENDMENTS NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held by the City of Okeechobee Planning Board (PB) as the Local Planning Agency, on Thursday, September 21, 2023, at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL, to consider, receive input, and offer a recommendation for the City Council to adopt the following Land Development Regulations (LDR's) Text Amendment Applications: • No. 23 -002 -TA: submitted by City Staff amending the Code of Ordinances Chapter 78 Land Development Standards, Article IV, Stormwater Management, to reflect required changes adopted by the State on stormwater management regulations. The PB recommendation will be forwarded to the City Council, TENTATIVELY scheduled for 6 PM on October 17, 2023 (First Reading) and a Final Public Hearing on November 21, 2023 (Final Reading). • No. 23 -004 -TA: submitted by City Staff amending the Code of Ordinances Section 66-1, adding a definition for Medical Marijuara Dispensaries, and Zoning Districts Permitted Uses Section's 90-252 for Light Commercial, 90-282 for Heavy Commercial, 90-312 for Central Business District, and 90- 342 for Industrial, to prohibit Medical Marijuana Dispensaries in the City. The PB recommendation will be forwarded to the City Council at two Public Hearings, TENTATIVELY scheduled for 6 PM on November 7, 2023 (First Reading) and December 5, 2023 (Final Reading). The public is invited to attend and be heard on all matters. The Applications can be viewed/inspected in their entirety at the address above in Room 101, during regular business hours, Mon -Fri, 8 AM -4:30 PM, except holidays, contact General Services staff at 863- 763-9824. The Applications will be posted online one week prior to the PUBLIC HEARING date, with the PB agenda materials on the website at https://wNw.cityofokeechobee.com/AgendaMinutes-PlanningBoard.html. BE ADVISED that should you intend to show any document, picture, video, or items to the PB 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. ANY PERSON DECIDING TO APPEAL any decision made by the PB 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, persons with disabilities needing special accommodation to participate in this proceeding should contact the General Services Office in person or call 863-763-9824, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By: Dawn Hoover, Board Chairperson BB/Website Notice Posted: 9/7/23. SM Event Posted: 9/14/23 . )�')" INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Ka- trina Elsken Muros, who on oath says that she is Editor in Chief of the Lake Okeechobee News, a weekly news- paper published in Okeechobee County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Public Notice in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said news- paper in the issues of 07/05/23 (Print Dates) or by publication on the newspaper's website, if authorized, on 07/05/23. 07/06/23, 07/07/23, 07/08/23, 07/09/23. 07/10/23. 07111/23, 07/12/23 (Website Dates) Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Katrhia Elsken Muros Sworn to and subscribed before me by means of Physical Presence QX Online Notarization physical Presence or online notarization, this 6th day of July. 2023. (Signature of Notary Public) STAMP OF NOTARY :PUBLIC MINUTE FILE A3_UA_TA Lake Okeechobee News 313 NW 4th Avenue Okeechobee, FL 34972 863-763-3134 CM OF OT®CHOBEE PLIWC NOTICE PLANNING BOARD MEETING SCHEDULE NOTICE S TEREDY MEN det Cie CtY of E dubae P�vtg Bond (FB) wi tdd ra�la rneetFgs n Cie flid Tdvslay cf each math at 6 FM a a5 tl e®Ila as p®Ne at aY Ftal, 55 SE 3rd AVE n the Chid h m al mattes FL The pt�Ec's kr aed Oo afterd and be The na;ia meahB 4}IBdl/e fortha tar aloof 2023 s as fdbws > N 20, 2023 Pu7tat 17, 2023 se,rtta 21, 2023 Gct:ter 19, 2023 Nvember 16,2M Dernnber2l, 2023 The aa'da M be posted are Meek pkr to the meebrg date and mnaayy be Newegrdonrtoadad ban, r, 4s//wwwuyaf daaed ob�mrNPger�n i r utrSPlar.,hgemd.ro,lah Gare"alSeviasDePerbrertattheaddress al�p,�,PoniILA maybeorto�edIhmarerotarstr—dde- abon �orJr = m a FgbaJar meefir3, mrtact Gere al Servio=m Statfat 663.7639824. BE ADVISED Cat staid la rtar d to show arty doanat, vim, orEemshlCtePBh sut>portaoppos,V eoartyien mCea=a= the donna; pdue, Ndeo, Q Than rt�t6 be paided to thenad fa ate aMa rao7 . ANY PERSON DE®II4G TO APPEAL any deism made W u e r+s wth n aQ to nM timbered at ft=M w9 need.1 ZrP a verhrlq nand f ft pDoeedrg Is made ad the rend hdtdes the testhxry and eld, ne whtdt the appa3i va be based. in .dare a 1h the Prt10'. w th IXsatiitles Pct, Pesos wth at�b3Ua Ga tial."a n.tD In lsarmeailH�rg��ltgg Florida Rfy7-1-1rn later dwfarbr9rtessdayspiatnpam , 9 ONE OR MORE CITY OF OKEEDIOSEE COMM MHMERS MAY BE IN ATTENDANCE AT THIS MEETIDM THIS NOTICE IS POSTED TO MEET SrATE PUBLIC NOTICE REQU VREME IIS AND SUNSIME TAM By.. Qut{asm [Awn Fioms 609264 LCN 7/V= QM 1 2 j r� Q'A, A CP r RECEIVED 4' JUL 0 6 202301 - rQ X19 MINUTE FILE 1)2_nr)t Tn PUBLI'C' MEETINGS NOTICE PLANNING BOARD MEETINGS TO BE HELD JULY THROUGH DECEMBER 2023 NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board (PB) will hold regular meetings on the third Thursday of each month, at 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd AVE, in the Council Chambers, Room 200, Okeechobee, FL. Some items before the P3 are conducted as a QUASI-JUDICIAL PUBLIC HEARING. The public is invited to attend and be heard on all matters. The regular meeting schedulE� for the remainder of 2023 is as follows: July 20, 2023 August 17, 2023 September 21, 2023 October 19, 2023 November 16, 2023 December 21, 2023 The agenda will be posted one week prior to the meeting date and may be viewed/downloaded from https://www.cityofokeechobee.com/AgendaMinutes-BoardofAd justment.html or in the General Services Department at the address above, Room 101. A meeting may be canceled if there are no items for consideration. For further information on a particular meeting, contact General Services Staff at 863-763-9824. BE ADVISED that should you intend to show any document, picture, video, or items to the PB 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':, records. ANY PERSON DECIDING TO APPEAL any decision made by the PB 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, persons with disabilities needing special accommodation to participate in this proceeding should contact the General Services Office in person or call 863-763-9824, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. ONE OR MORE CITY OF OKEECHOBEE COUNCIL MEMBERS MAY BE IN ATTENDANCE AT THIS MEETING. THIS NOTICE IS; POSTED TO MEET STATE PUBLIC NOTICE REQUIREMENTS AND SUNSHINE LAWS. By: Dawn Hoover, Board Chairperson BBM/ebsite Notice Posted: 713/23 City of Okeechobee Date: Petition No. _ OCL -7-P General Services Department Fee Paid: 04 Jurisdiction: P8 FC, 55 S.E. 3rd Avenue, Room 101 1 S Hearing:- �, 2" Hearing: 11-7-13 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: (Vj I. 013 'C P eOd 6rW:l! Notices Mailed: Fax: (863) 763-1686 APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPLICANT INFORMATION 1 Name of Applicant:® ae( U �� 2 Mailing address: 55 SE 3rd- A denu.e_--- 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 �) 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 stFikesut and additions in underline format. (This description may be provided on separate sheets if necessary.) See Oc�� PAC, pa%d aoltnd^M� ulb""' 8 LDR Amendment Application Page I of 3 Hb3 Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to be changed. (This description may be provided on separate sheets if necessary.) U 9 F F 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 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, to add the following: Medical mariivana dispensag means a facility licensed or registered by the Florida Department of Health that dispenses medical mariivana or l)roducts containing marijuana and related supplies, to qualifying patients or their caregivers, pursuant to statute. A medical mariivana dispensing facility does not cultivate process, transfer, or prepare any form of marijuana or marijuana product. 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 90 -Zoning, Article III - Districts and District Regulations, Division 7 — Light Commercial (CLT) District 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) MediGal FnaFijuaRa dispensary as defined and regulated in F.S., § 381.996, 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 90 -Zoning, Article III - Districts and District Regulations, Division 8 — Heavy Commercial (CHV) District 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. 49) (188) Pawnshop. The City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart 13 - Land Development Regulations, providing for amendments to Chapter 90 -Zoning, Article III - Districts and District Regulations, Division 9 — Central Business (CBD) District 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. The City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart 13 - Land Development Regulations, provicling for amendments to Chapter 90 -Zoning, Article III - Districts and District Regulations, Division 10 — Industrial (IND) District 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) MediGal marijuana dispensary as defined and Fegulated in F.S., § 391.986. (34) (33) Pawnshop. 45� u Bar. Existing medical marijuana dispensary facilities shall be considered non -conforming uses.