0693 Amendment to Comp. Plan ORDINANCE NO. 693
AN ORDINANCE OF THE CITY OF OKEECIIO13LE, FLORIDA AMENDING THE CITY OF
OKEECHOBEE COMPREHENSIVE PLAN, 0121)INANCI'. No. 635 AS AMENDED; PROVIDING
FOR INCLUSION OF ORDINANCE AND REVISED AMENI)MEN'15 IN THE COMPREHENSIVE
PLAN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee recognizes the need
to plan for orderly growth and development: and
WHEREAS, Chapter 163, Florida Statues. and Chapter 9J -5, Florida
Administrative Code provide for amendment to adopted Comprehensive Plans;
and
WHEREAS, the City has received and reviewed certain application for
Comprehensive Plan amendments to the Future Land Use and
Intergovernmental Elements of the City's Comprehensive Plan, and said
application being reviewed by the City's Land Planning Agency at a duly
advertised meeting and submitted by stair report. which determined such
application to be consistent with the Comprehensive Plan; and
WHEREAS, the City has agreed with the recommendations of the Land
Planning Agency that the proposed application complies with the requirements
of Florida Statute 163, Part II, and that the proposed application is consistent
with the Comprehensive Plan and appropriate lo the Intergovernmental
Coordination within the City; and
WHEREAS, the City held a public hearing on the proposed amendment on
August 20, 1996 and thereafter transmitted the proposed amendments to the
Florida Department of Community Affairs for review and comment; and
WHEREAS, the Florida Department of Community Affairs responded by
issuing its Objections, Recommendations and Comment Report dated June 4,
1997; and
WHEREAS, certain changes to the proposed amendments have been made
and additional data and analysis obtained to address the Department of
Community Affairs Objections, Recommendations and Comments Report;
BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as
follows:
SECTION 1. SHORT TITLE
THIS ORDINANCE shall be known as the "City of Okeechobee
Comprehensive Plan Amendment. Cycle I, 1996 pursuant to
Florida Statutes 163.3184, and shall be effective within the city
limits of the City of Okeechobee. Florida.
SECTION 2. AUTHORITY
This City of Okeechobee Comprehensive Plan Development
Activities Amendment, Cycle I, 1996. is adopted pursuant to the
provisions of Chapter 163.3184. Part II. Florida Statutes.
SECTION 3. REVISIONS TO TILE GOALS, OBJECTIVES, AND POLICIES
MOP
1. Exhibit A, attached reveals t11e revised proposed amended
goals, objectives, and /or policies.
Page 1 of 2
SECTION 4. INCLUSION OIL ORDI NANC,'I; IN 'rim COMPREHENSIVE PLAN
It is the intention of the City Council of the City of
Okeechobee, Florida and it is hereby provided, that the provision of
the Ordinance, and the revisions I o the Comprehensive Plan,
which is incorporated herein by rcicrcnce, shall become and made
a part of the City of Okeechobee Comprehensive Plan (City of
Okeechobee Ordinance No. 635. as amended).
SECTION 5. SEVERAnILITY
If any provision or portion oI this ordinance is declared by
any court of competent Jurisclictioi c to be void, unconstitutional, or
unenforceable, then all remaining provisions and portion of this
ordinance shall remain in full force and effect.
SECTION 6. EFFECTIVE DATE
The effective date for the cnuletuient of this Ordinance No.
693 shall be the date that the State Laiid Planning Agency issues
its notice of intent to find the adopted plan amendment in
compliance in accordance with Section 163.3184(9); or until the
administrative commission issues a final order finding the adopted
amendment in compliance in accordance with Section
163.3184(10), Florida Statutes.
THIS ORDINANCE is to be advertised and set for second hearing for
adoption in accordance with the provisions of Florida Statute 163.3184(6) -(10)
upon receipt of appropriate notice that the plait amendment is in compliance
with Florida Statute Chapter 163, Part II. and within sixty (60) days thereof.
INTRODUCED for first reading of the ordinance for transmittal, in
accordance with Chapter 9J- 11,F.A.C.. and Florida Statute 163.3184(15), at
public hearing this 20th day of AUGUST, U)96
JAMES E. KIRK
MAYOR
ATTEST:
i /ilAily Q�
BONNIE S. THOMAS, CMC
CITY CLERK
PASSED AND ADOPTED on this second date of reading this 19th day of
AUGUST. 1997
JAMES E. KIRK
MAYOR
ATTEST:
BONNIE S. THOMAS, CMC
CITY CLERK
w
Page 2 of 2
Lx1111srr n
ORDINANCE N( (;S); i
RESPONSE TO
OBJECTIONS, RECOMMENDATIONS AND COMMENTS RET'OR'T
City of Okeechobee
Amendment No. 97 -1
1. TEXT AMENDMEN'T'S TO 111E FUTURE LAND USE (FLUE), KI;CREATiON AND OI'EN
SPACE (ROSE), INTERGOVERNMENTAL COORDINATION (ICE), AND CAPITAL
IMPROVEMENT (CIE) ELEMENT'S.
A. FLUE Text amendment: Policy 4.3; The City of Okeechobee proposes to
revise sections n, b, d, e of FLUB Policy 4.3 to allow new public
elementary and middle schools "as principal uses designated in Future
Land Use categories, subject to locational criteria) in the Comprehensive
Plan and development standards, if applicable, in the Land Development
Regulations (LDR)." The City also proposes to "initiate a coordinating
process with the School 13onfd in its efforts on school planning, site
selection and construction."
OOJECTIONS: The proposed text revisions to section n, b, d. c of FLUE
Policy 4.3 are vague and inconsistent with §163.3177(6)(8) and (h), F.S.,
because they do not specify the land use categories in which public schools
are an allowable use. The proposed revisions to Policy 4.3 are internally
inconsistent with the City's flan because the individual land use categories
established in the City's FLUE are not revised so as to include public
schools among the allowable laud uses. Also, the proposed revisions do
not address high schools, and defers the establishment of locational criteria
for school siting to the LDR's.
Furthermore, the proposed revisions do not establish joint processes for
collaborative planning and decision slaking on population projections and
public school siting with locational criteria, the location and extension of
public facilities subject to concurrency, and siting facilities witty county -wide
significance.
RECOMMENDATION: The City should revise the proposed an)endmeuts to be
consistent with 163.3177(6) (a) and (h), F.S., by specifying the land use
categories iu which public schools are an allowable use. The City should
also revise the amendments to be internally consistent with the City's flan
by revising the individual land use categories established in the City's
FLUE so as to include pubic schools nwoug the allowable laud uses. The
revisions should also address the location of high schools in the appropriate
land use categories. LocationaLcriteria for school siting should be included
in the Plan and not deferred to the LDR's Public schools should be
prohibited in land use categories designated for the pleservntiou of natural
resources. Also, the revisions should establish joint processes for
collaborative planning and decision making on population projections and
public school siting with location criteria, the location and extension of
public facilities subject to concurrency, and siting facilities with county wide
significance.
RESPONSE:
1. The City of Okeechobee has revised its land rise categories
and the following language shall be included in the data and
analysis section of the FLUE as it relates to the siting of
NOV schools:
Residential Category: All public schools shall be an allowable
use iu multi family developments.
City of Okeechobee
Response to ORC Report
Amendment NO. 97 -1
Commercial: All public schools shall be an allowable use in
the general commercial district, provided they are not
contiguous to railroad right -of -ways, and businesses that emit
odors or disturbances that would interfere with educational
programs.
Public Buildings and Grounds: All public schools shall be an
allowable use in areas designated public buildings or grounds
by a Public entity. Schools shall not be permitted hi areas
that restrict outdoor educational programs.
In addition, the City has examined the feasibility of
permitting schools in areas designated as environmentally
sensitive. As a result, the City has eliminated schools in areas
designated as preservation on the Land Use Map.
2. FLUE Policy 4.3 shall become Policy 4.4. The proposed
Policy 4.4 amendment shall include high schools as a
principal use in Future Land Use Categories: residential,
commercial, and public buildings and grounds. (See attached
Policy)
3. The City of Okeechobee shall establish an Intetlocal
Agreement with the School Board to ensure coordination and
cooperation for joint use of public school facilities. The
agreement shall include use of public school facilities after
normal operating hours.
fl. Locations( ctiterinl for new public schools shall ensure that
each site will be drained and suitable for outdoor educational
purposes; that the site not be located within any and flight
path for au airport; that the site not be adjacent to any
business from with noise, odors, and other disturbances might
interfere with educational programs
Additionally, the locational criteria for school sites shall be as
follows:
n. direct access to elementary and middle school shrill be
off a collector road that does not direct traffic through
a residential neighborhood; and
b. to maintain average home -to- school travel distances
by locating schools as close to residential
neighborhoods as plactic•al.
5. At a minimum, there will be threshold acreage levels
required to meet school needs and they shall be as follows:
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City of Okeechobee 2
Response to ORC Report
Amendment Nu, 97 -1
B. ROSE, ICE and CIE Text Amendments: The City proposes to revise ROSE
Objective 6 and Policies 6.1 and 6.2, WE Objective 5 and Policies 5.1, 5.3,
and 5.4, and CIE Objective 5 and Policy 5.1. In the proposed text
revisions, the City states that it will seek together with the School Board to
coordinate and cooperate to ensure efficient and joint use of existing and
future park/school sites. 'The revisions further states that the City shall
furnish meaningful City of Okeechobee oppoi tuiiities for the School Board
to have input and coordination in the City's development review process in
order to assist the School Board in their provision of adequate and
efficient schools.
OBJECTIONS: The proposed revisions to ROSE Objective 6 and Policies 6.1
MI 6.2 are vague and immeasurable because the text amenduient4 do not
specify how the City and School Board will coordinate and cooperate in the
efficient and Joint use of existing and future park /school sites and facilities.
In general, the City proposes to cooperate and coordinate with the School
Board, but does not indicate how the coordination and cooperation will
occur commensurate with growth and funding. The mechanism and level
of the proposed cooperation and coordination, as well as the funding
strategy are not specified. Also, no policy revisions are proposed to
provide for a resolution process between the City and the School Hoard in
the event of any disagreement.
RECOMMENDATIONS: The City should revise the proposed text amendments
by establishing measurable objectives and policies, and specifying how the
City and School I3oard will coordinate and cooperate in the efficient and
joint use of existing and future park/school sites and facilities
commensurate with growth and funding. The revisions should establish the
mechanism and level of the cooperation and coordination, as well as the
funding strategy, and provide for a resolution process between the City and
the School Board in the event of any disagreement. Mechanisms such as
interlocal agreements, joint planning agreements, and memorandum of
understanding could be utilized to achieve such programs and activities
outlined in the above referenced objectives and policies.
(Sections 163.1367, 163.3174(1); 163.3177(6)(a) and (h)(1 -3); and
163.3177(8), F.S.J (Rules 9J- 5.005(1)(c), (2)(n), and (3); 9J- 5.006(1)(a); 9J-
5.006(3)(a-c); 9J- 5.013(3)(b); 9J- 5.015(1)(a -b) and (3)(a -c); and 9J-
11.006(3), F.A.C,]
RESPONSE: To efficiently coordinate and cooperate with the School
Board for joint use of existing and future school sties, the City of
Okeechobee proposes the following policies:
Recreation and i Open Space
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City of Okeechobee 3
Response to ORC Report
Amendment No. 97 -1
In the event of conflicts with the School I3oard, the City of
Okeechobee shall utilize an informal mediation process established
by the Central Florida Regional Planning Council,
1I. CONSISTENCY WITH 111E STATE COMPREiIENSIVE PLAN
The proposed amendment is not consistent with and does not further the
following goals and policies of the State Comprehensive Plan (Rule 9J- 5.021):
A. Goal (16), Policies (16(b)2. And 6., regarding land use; and
H. Goal (18), policies (18)(b)1., 2, and 4., regarding public facilities.
C. Goal (21), Policies (21)(b)1., 5. And 13., regarding governmental
efficiencies.
RECOMMENDATION: Revise the amendments as necessary to be consistent with the
above referenced goals and policies of the State Comprehensive Plan.
RESPONSE: To address consistency issues with the State Comprehensive
Plan, the City of Okeechobee has included in its Comprehensive Plan laud
uses where schools are allowable uses. Additionally, policies that address
public facilities and lntergovernuneutal coordination were included to satisfy
the State's consistency issue.
111. CONSISTENCY Wrl'll CENTRAL FLORWA COMPREIIENSIVE REGIONAL POLICY PLAN
Mlle proposed amendment is not consistent with and do not further the following
goals and policies of the Central Florida Comprehensive Regional Policy Plan
(Rule 9J- 5.021):
A. Regional Issue (1): Maximizing the use of existing public facilities;
Regional Goal (n): Policies (1), (2), and (6)
B. Regional Issue (2): Planning for public facilities; Regional Goal (a):
Policies (1), (2) and (7); and
C. Regional Issue (2): Protection of eudaugered species; Regional Goal (a);
Policy (2).
RECOMMENDATION: Revise the amendments as necessary to be consistent with
the above- referenced goals and policies of the Central Florida Comprehensive
Regional Policy Plan.
RESPONSE: The City has revised the comments addressed in the current
Central Florida Strategic Plan and do hereby comply with policy issues. In
regards to maximizing existing facilities as It relates to school sites, the City
has no available land that are required to comply with concurrency as it
relates to potable water, sanitary sewer, roads and solid waste. Issue 13 is
addressed within the sauce context.
The City has not and will not locate schools in areas designated
preservation or protected areas on the Future Land Use Map.
City of Okeechobee 4
Response to ORC Report
Amendment No. 97 -1