CITY OF OKEECHOBEE FEBRUARY 3, 2015 REGULAR CITY COUNCIL MEETING RD 55 SE 3 AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 7 I. CALL TO ORDER - Mayor February 3, 2015, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation to be given by Reverend Emmaline Harris, Holy Ghost Crusade; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smi Public Works Director David Allen IV. - Mayor A. Requests for e addition, deferral or widrawal of items on today s agenda. V. MINUTES - City Clerk A. Motion to dispense wi e reading and approve e Summary of Council Action for e January 20, 2015, Regular Meeting. Mayor Kirk called e February 3, 2015, Regular City Council Meeting to order at 6:03 P.M. In e absence of Reverend Harris, Council Member Watford offered e invocation; e Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called e roll: (exited Chambers at 6:15 P.M.) Mayor Kirk asked wheer ere were any requests for e addition, deferral or widrawal of items on today s agenda. New Business Item C, Exhibit 4, was added. Motion and second by Council Members Chandler and Watford to dispense wi e reading and approve e Summary of Council Action for e January 20, 2015, Regular Meeting. There was no discussion.
FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 2 OF 7 V. MINUTES CONTINUED A. Motion to dispense wi e reading and approve e Summary of Council Action for e January 20, 2015, Regular Meeting continued. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk A. 1. a) Motion to read by title only, proposed Ordinance No. 1118, Rezoning Petition No. 14-002-R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family-One, Commercial Professional Office, and Holding, to Light Commercial- Planning Consultant (Exhibit 2). (Planning Board recommending approval) b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1118 by title only. 2. a) Motion to adopt proposed Ordinance No. 1118. b) Public discussion and comments. COUNCIL ACTION - DISCUSSION - V MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:05 P.M. Motion and second by Council Members Watford and Ritter to read by title only, proposed Ordinance No. 1118, for Rezoning Petition No. 14-002-R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family-One (RSF-1), Commercial Professional Office (CPO), and Holding (H), to Light Commercial (CLT). Mayor Kirk noted a change in e order of e vote and reading of e ordinance title appropriately. Attorney Cook read proposed Ordinance No. 1118, by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY-ONE, COMMERCIAL PROFESSIONAL OFFICE AND HOLDING TO LIGHT COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Motion and second by Council Members Chandler and O Connor to adopt proposed Ordinance No. 1118. Rezoning Petition No. 14-002-R requests to rezone, Lots 1 to 6 of Block 116, Lots 1 to 6 and 10 to 12 of Block 117, from RSF-1, Lots 4 to 6 of Block 117, from CPO, all wiin e City of Okeechobee Subdivision, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0.490 acre parcel from Holding, all to CLT. The properties are rd wiin e 600 and 700 Blocks between Noreast 3 and 4 Streets. This petition coincides wi Comprehensive Plan Future Land Use Map (FLUM) Amendment Application No. 14-002-SSA, adopted January 20, 2015. The owners intend to construct a new building, expanding e existing taxidermy shop. At e Planning Board Public Hearing, e applicant amended e request from Heavy Commercial (CHV) to CLT. Thirty-ree letters were mailed to surrounding property owners. On October 1, a sign was posted on all ree properties giving notice of e matter. There were no objections received before nor at e Planning Board meeting.
FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 3 OF 7 VI. PUBLIC HEARING CONTINUED A. 2. b) Public discussion and comments on proposed Ordinance No. 1118 continued. Block 117 comprises 12 lots, bounded on e Nor by Noreast 4 Street (an improved paved roadway), on e rd Sou by Noreast 3 Street (an improved paved roadway), on e East by Noreast 6 Avenue (an improved paved roadway), and to e East by Noreast 7 Avenue (an unimproved roadway). Lots 1 to 3, and 10 to 12, are vacant, alough ere is a dilapidated storage shed on Lots 2 and 3. Lots 4 to 6 already have a Zoning of CPO, Future Land Use (FLU) classification of Commercial (C), wi an existing use of an office building. Lots 7 to 9 have a RSF-1 Zoning, FLU of Single Family (SF) wi an existing use of a home built in 1950. To e Nor, is Block 114 at is entirely vacant, wi a Zoning of RSF-1 and FLU of SF. Looking Sou is Block 146 at has four homes on e Nor-half, two built in 1959, e oer two built in 1960, e Zoning is RSF-1, wi FLU as SF. To e East is Block 116, e Sou-half has a Zoning of CLT, FLU of C and ere is an existing office building. This property is also e sight of e former Lightsey Fish House Market. To e West is Block 118 wi a Zoning of RSF-1 and FLU of SF. The Sou-half has two homes, one built in 1959, e oer in 1960. The Nor-half is vacant, was a former location of Watford Trucking, Inc., e Ft. Drum Corporation owns e property. Block 116 comprises 12 lots, bounded Nor and Sou by e same streets as Block 117 noted above. The unimproved roadway of Noreast 7 Avenue is e drive used to access e Lightsey s facilities, if improved it would run between Blocks 116 and 117. There is not a roadway to e East of ese lots, but an unplatted parcel created after e abandoning of Riverside Drive. Lot 1 is vacant. A home built in 1951 is on Lots 2 and 3; and Lots 4 to 6 have several structures at include a 10,209-square foot warehouse built in 1964, a 988-square foot cooler rebuilt in 2012, and a 930-square foot building remodeled in 1999, wi two accessory use type structures bo being 20-feet by 12- feet. This is e main area used for e Lightsey business. Lots 7 to 12 have a Zoning of CLT, FLU classification of C, wi an existing use of an office building (formerly Lighstey s Fish Market). To e Nor, is Block 115 at has a home on it built in 1979, wi a Zoning of RSF-1 and FLU of SF. To e Sou is Block 147 of which e Nor-half is Zoned CLT, FLU as C, and is a large parking lot used to serve e Nunez s multi-acre commercial development. Looking East and West are properties included wi is petition. The final piece of e subject property is an unplatted 0.490 acre parcel wi a Zoning of H, FLU of C and is vacant. To e Nor is anoer vacant unplatted parcel wi RSF-1 Zoning and FLU of SF. Looking Sou is an unplatted vacant parcel wi a Zoning of CLT, and FLU of C. To e East is Taylor Creek. To e West is Block 116 included wi is petition. Planning Staff is recommending denial. The Planning Board voted 5 to 2, recommending approval of e application. Those not in favor were concerned wi changing e entire area to Commercial, and suggested rezoning only e property where e office and taxidermy operations take place. Council Member Watford disclosed for e record he is a neighbor of e applicant, he discussed is matter wi em and wi Mr. Ritter when he was a member of e Planning Board.
FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 4 OF 7 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A. 2. b) Public discussion and comments on proposed Ordinance No. 1118 continued. c) Vote on motion. B. 1. a) Motion to accept and read by title only, e Revised Version of proposed Ordinance No. 1119, setting e Final Public Hearing date as February 17, 2015, concerning LDR Text Amendment No. 15-001-TA City Planning Consultant (Exhibit 2). b) Vote on motion to accept and read by title only, and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1119 (Revised Version by title only. Council noted eir appreciation to Mr. Brisson and his recommendation of denial as a Planner. However, as noted at e first reading, e area is suitable for is rezoning. Mayor Kirk asked wheer ere were any comments from e public. There were none. Motion and second by Council Members Watford and Ritter to accept and read by title only, e Revised Version of proposed Ordinance No. 1119, setting e Final Public Hearing date as February 17, 2015, concerning Land Development Regulation Text Amendment No. 15-001-TA Attorney Cook read proposed Ordinance No. 1119 (revised version), by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 66-1 OF CHAPTER 66- GENERAL PROVISIONS BY MODIFYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT GAMING CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (MECHANICAL AND REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE STORAGE CONTAINER, AND TEMPORARY USE; PROVIDING FOR AMENDMENTS TO CHAPTER 90-ZONING, ARTICLE III-DISTRICTS AND DISTRICT REGULATIONS DIVISIONS 7 AND 8; AMENDING SECTION 90-252 OF BY ADDING PET GROOMING TO THE LIST OF PERMITTED USES IN THE LIGHT COMMERCIAL ZONING DISTRICT; AMENDING SECTION 90-253 BY ADDING TAXIDERMIST TO THE LIST OF SPECIAL EXCEPTION USES IN THE LIGHT COMMERCIAL ZONING DISTRICT;AMENDING SECTION 90-282 BY ADDING TAXIDERMIST AND PET GROOMING TO THE LIST OF PERMITTED USES IN THE HEAVY COMMERCIAL ZONING DISTRICT; PROVIDING FOR AMENDMENTS TO CHAPTER 90, ARTICLE IV-SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 9- SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW SECTION 90-704 ENTITLED PET GROOMING, SETTING FORTH REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 5 OF 7 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED B. 2. a) Motion to approve e first reading of proposed Ordinance No. 1119 (Revised Version). b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor VII. NEW BUSINESS A. Consider a Technical Review Committee parking reduction recommendation regarding Application No. 14-005-TRC, submitted by Albert Zakhary, PMA Okeechobee, Inc. - Steven L. Dobbs, Engineering Consultant (Exhibit 3). Motion and second by Council Members O Connor and Ritter to approve e first reading of proposed Ordinance No. 1119 (revised version). Mr. Brisson commented ese amendments had been on standby over e past year. Council Member Watford questioned wheer ere were regulations already in place to address Recovery Center/Sober Homes. Mr. Brisson answered, currently ere are no regulations. However, it would be addressed immediately once e definition is added and approved. Mayor Kirk asked wheer ere were any comments from e public. There were none. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. Council Member Watford moved to approve a 43 percent parking reduction (eight spaces) for Dunkin Donuts Site Plan No. 14-005-TRC, submitted by Albert Zakhary of PMA of Okeechobee, Inc., (for Lots 7 to 9 of Block 153, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records), to utilize five parking spaces along e East nd side of Noreast 2 Avenue, wi e 17 off-street spaces, as recommended by e Technical Review Committee (TRC), furer at e owner may request additional parking reductions directly to e City Council for any expansion or improvements at would result in additional parking requirements; seconded by Council Member O Connor. The motion came after a lengy discussion involving e Mayor, Council, Administrator Whitehall, Planner Brisson, Mr. Steve Dobbs (Project Engineer) and Mr. Zakhary. The owner obtained a Special Exception (No. 14-001-SE), in May of 2014 to allow a drive-rough service at is site. Then on July 17, 2014, e Site Plan (No. 14-003-TRC) was approved wi multiple conditions relating to ingress/egress, parking and based on using only 1,000 square feet (SF) for e coffee shop wi e remaining 4,000 SF for storage. That plan required 17 off-street spaces. The applicant submitted a second Site Plan (No. 14-005-TRC) and obtained approval wi a recommendation for e parking reduction. This plan proposes a 2,000 SF restaurant, 400 SF office, 300 SF play room and 2,300 SF storage. This will require 30 off-street parking spaces, e site has 17. Mr. Dobbs was successful in convincing e TRC to nd approve e plan based on e traffic study, using 15 parking spaces along Noreast 2 Avenue, and e fact at e owner could request up to an 80 percent parking reduction based on e Commercial Business District zoning. In regards to e 15 spaces, five are on e west side, 10 are on e east-side wi five of ose being next to e subject property (Lot 7). The owner furer agreed to absorb e cost to have all ese spaces striped for angled parking.
FEBRUARY 3, 2015 - REGULAR MEETING - PAGE 6 OF 7 VII. NEW BUSINESS CONTINUED A. Consider a Technical Review Committee parking reduction recommendation regarding Application No. 14-005-TRC continued. This ree-lot site is difficult wi e building completed in 1963 as e local post office. Wiin e block ere are homes on two lots, one built in 1920, e oer in 1936. Since e post office was built, e oer seven lots have nd developed wi commercial uses and State Road 70 East was widened from two to four lanes. Noreast 2 Avenue runs along e West boundary of is block and is a 70-foot wide improved road wi sufficient space to angle-park along on bo sides. The block also has a 15-foot wide alleyway running East to West, dividing e lots evenly (1 to 6 on e Nor half, 7 to 12 on e Sou half). Mr. Dobbs asked wheer e owner could obtain a 50 percent parking reduction in an effort to save time and money should e initial endeavor be successful enough to provide e means of expanding e restaurant size or utilize e storage floor area in anoer capacity. The 43 percent auorizes for only e specific mixed floor allocation as presented. Mr. Zakhary has paid e fees for a special exception, two site plan reviews, and e engineering and traffic study costs, in addition to e amount required for site and facility improvements. The Mayor and Council noted eir understanding of e economic importance is investment will bring to e community. Furer clarifying at e City made a considerable concession wi approving e special exception, now ey are being asked to consider anoer extensive concession. A compromise was reached at e owner could bypass resubmitting to e TRC for additional parking reductions at is site by approaching e Council at a later date. Mayor Kirk asked wheer ere were any comments from e public. There were none. During e course of e discussion above, it was briefly discussed at parking needs to be addressed citywide, but especially wiin e commercial concentrated areas. City Staff continues to make concessions at are consistent and wiin e boundaries of e regulations for businesses to relocate or expand. Many municipalities make eir downtown work very successfully wi multiple uses, small areas, tight spaces and no parking. It can be a deterrent and missed opportunities for e City when e regulations are too stringent, ey need to be reviewed and see what amendments or modifications can be made to ease e problems. C. ITEM ADDED: Motion to ratify Mr. Santiago s appointment as e Fif Member to e City General Employees/Okeechobee Utility Auority Pension Board of Trustees, term being February 2, 2015 to December 31, 2019 - Clerk Gamiotea (Exhibit 4). Mayor Kirk asked to consider Item C, Exhibit 4 at is time. Motion by Council Member Watford to ratify Mr. Jose Santiago s appointment as e Fif Member to e City of Okeechobee General Employees/Okeechobee Utility Auority Pension Board of Trustees, term being February 2, 2015 to December 31, 2017; seconded by Council Member Ritter. This fills Linda Tewksbury s vacancy. The Council expressed eir gratitude for his willingness to serve.
February 3, 2015 - REGULAR MEETING - PAGE 7 OF 7 VII. NEW BUSINESS CONTINUED C. ITEM ADDED: Motion to ratify Mr. Santiago s appointment as e Fif Member to e City General Employees/Okeechobee Utility Auority Pension Board of Trustees continued. B. Consider adding a period of time to comment at e end of e agenda for future meetings - Council Member Ritter. VIII. ADJOURN MEETING - Mayor Based on his attendance at oer agency s meetings over e years, Council Member Ritter asked to consider modifying e agenda to include a time for comments, and how it could provide a useful tool of communication. While e Mayor and Council understood his request, it was explained, after many years of trials and tribulations, e agenda format was set up strategically to conduct an orderly meeting. In addition, having a set agenda gives e public advance notice of what is to be discussed, gives e Council e opportunity to research matters and prepare appropriately for e meeting. Several Council Members and e Mayor shared eir experiences of when e City had is section on e agenda, and while e concept can be used in a positive manner, at was not always e case. Many times e item was used to ambush fellow Council Members or Staff, creating maraon meetings. They also shared times ey witnessed unruly and chaotic meetings of oer agencies which practiced open comments. Mayor Kirk offered, at e beginning of e meeting, when he asks for e addition, deferral and/or widrawal of items, at would be e opportunity to ask to add an item not only for action but for discussion as well. Mayor Kirk also conveyed his respect for e suggestion and consideration of e public. No official action was required. There being no furer discussion nor items on e agenda, Mayor Kirk adjourned e meeting at 7:23 P.M. The next regular scheduled meeting is February 17, 2015. Please take notice and be advised at when a person decides to appeal any decision made by e City Council wi respect to any matter considered at is meeting, he/she may need to insure at a verbatim record of e proceeding is made, which record includes e testimony and evidence upon which e appeal is to be based. City Clerk media are for e sole purpose of backup for official records of e Clerk. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk