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2010-08-19`t G AGENDA I. CALL TO ORDER Chairperson. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE Secretary. Chairperson Devin Maxwell Vice Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Douglas McCoy Board Member Kenneth Keller Board Member Osiel Luviano Board Member Malissa Morgan Alternate Member Karyne Brass Alternate Member Phil Baughman Attorney John R. Cook Senior Planning Consultant Bill Brisson Board Secretary Betty J. Clement III. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the June 17, 2010 regular meeting. IV. AGENDA Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS AUGUST 19, 2010 SUMMARY OF BOARD ACTION ACTION DISCUSSION VOTE Chairperson Maxwell called the August 19, 2010 meeting to order at 6:00 p.m. Secretary Clement called the roll: Present Absent (w /consent) Present Absent (w/ consent) Present Present Absent (w /consent) Present (moved to voting position) Absent (w /consent) Absent (w /o consent) Present Present VOTE MAXWELL YEA HOOVER ABSENT BURROUGHS YEA MCCOY ABSENT KELLER- YEA LUVIANO YEA MORGAN ABSENT BRASS YEA BAUGHMAN ABSENT MOTION CARRIED. PAGE 1 OF 4 Member Burroughs motioned to dispense with the reading and approve the Summary of Board Action for the June 17, 2010 Regular Meeting; seconded by Member Brass. There was no discussion on this item. Chairperson Maxwell asked whether there were any requests for additions, deferrals or withdrawals of items on today's agenda? There were none. 1 AGENDA V. OPEN PUBLIC HEARING Chairperson. A. Application No. 10- 003 -SSA submitted by Jennifer Williamson to change the Future Land Use classification for 1646 Hwy 441 North, Lifestyles Healthcare Ltd., from SF to C Senior Planner. Application will be forwarded in ordinance form for a final Public Hearing on September 14, 2010 before City Council.. B. Petition No. 10 -003 -R submitted by Jennifer Williamson to change the Zoning for 1646 Hwy 441 North, Lifestyles Healthcare Ltd. from CPO to CHV Senior Planner. ACTION DISCUSSION VOTE There were none. AUGUST 19,2010 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS PAGE 2 OF 4 3 4 3 Mr. Brisson explained the property has been occupied by a Nursing Home since 1984. This was prior to the adoption of the City's Comprehensive Plan under the 1985 Growth Management Act. At that time the property was Zoned CPO which was the equivalent of today's CHV district, and a nursing home was an allowable use. When the City subsequently adopted its new LDRs in 1998, the CPO district then was divided as CHV, CLT and CPO districts, none of which allow a nursing home. The City is initiating this SSA as well as a rezoning to CHV and an amendment to the CHV district to allow a nursing home in that district. The intent of this SSA as well as the changes to the Zoning are to ensure that the FLUM, zoning and current use of the property are consistent and to remove the nonconforming status of the City's largest private employer and which we believe was an unintended consequence of prior changes to the City's zoning and LDRs. Board Member Burroughs moved to find the application consistent with the Comprehensive Plan and to recommend approval to City Council to change the land use designation from Single Family (SF) to Commercial (C) for property located at 1646 Hwy 442 North, Lifestyles Healthcare Ltd., City of Okeechobee Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 10 -003 SSA; seconded by Board Member Brass. There was no discussion. MAXWELL YEA HOOVER ABSENT KELLER- YEA LwIANO YEA BAUGHMAN ABSENT MOTION CARRIED. VOTE BURROUGHS YEA MCCOY ABSENT MORGAN ABSENT BRASS YEA Application will be forwarded in ordinance form for a final Public Hearing on September 14, 2010 before City Council. Mr. Brisson addressed the Board with the same presentation as the SSA. Board Member Burroughs moved to recommend to City Council to approve Rezoning Petition No. 10 003 R, changing the zoning from Commercial Professional Office (CPO) to Heavy Commercial (CHV) for property located at 1646 Hwy 441 North, Lifestyles Healthcare Ltd. City of Okeechobee; seconded by Board Member Luviano. There was no discussion. 344 AGENDA V. OPEN PUBLIC HEARING CONTINUED. B. Petition No. 10 -003 -R continued. Application will be forwarded in ordinance form for a final Public Hearing on September 28, 2010 before City Council. C. 2010 Evaluation and Appraisal Draft of the City's Comprehensive Plan Senior Planner. VI. CLOSE PUBLIC HEARING Chairperson. VII. NEW BUSINESS Chairperson A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. MAXWELL YEA HOOVER ABSENT KELLER- YEA LUVIANO YEA BAUGHMAN ABSENT MOTION CARRIED. MAXWELL YEA HOOVER ABSENT KELLER- YEA LUVIANO YEA BAUGHMAN ABSENT MOTION CARRIED. AUGUST 19, 2010 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS PAGE 3 OF 4 ACTION DISCUSSION VOTE VOTE BURROUGHS YEA MCCOY ABSENT MORGAN ABSENT BRASS YEA Application will be forwarded in ordinance form for a final Public Hearing on September 28, 2010 before City Council. Mr. Brisson distributed an e-mail received from Chair Maxwell of concerns to be addressed in the EAR Draft with responses by Mr. Brisson. After some discussion by the Board, Mr. Brisson stated he would incorporate the changes requested by the Board before review and consideration from City Council. Board Member Burroughs moved to recommend to City Council the EAR Proposal of the City's Comprehensive Plan for review and consideration; seconded by Board Member Brass. There was no discussion. VOTE BURROUGHS YEA MCCOY ABSENT MORGAN ABSENT BRASS YEA Mr. Brisson requested the Board change permitted use to Heavy Commercial (CHV) Zoning District to allow nursing homes. After some discussion the Board decided to allow nursing homes to CHV Zoning district by special exception. Board Member Burroughs moved to recommend to City Council to allow nursing home as a permitted use in the Heavy Commercial (CHV) Zoning District as a permitted use by special exception; seconded by Board Member Keller. AGENDA VII. NEW BUSINESS CONTINUED. Request will be forwarded in ordinance form for a final Public Hearing on September 28, 2010 before City Council. VIII. ADJOURNMENT Chairperson. ATTEST: A. Consider any additional requests for amendments to the City's Land Development Regulations continued. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. Betty J. ement, Secretary Devin Maxw&I Chairperson AUGUST 19, 2010 PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS PAGE 4 OF 4 3 4 5 ACTION DISCUSSION VOTE VOTE MAXWELL YEA HOOVER ABSENT BURROUGHS YEA MCCOY ABSENT KELLER- YEA LUVIANO YEA MORGAN ABSENT BRASS YEA BAUGHMAN ABSENT MOTION CARRIED. Request will be forwarded in ordinance form for a final Public Hearing on September 28, 2010 before City Council. Chairperson Maxwell adjourned the meeting at 7:05 p.m. Chairperson Maxwell Vice Chairperson Hoover X Board Member Burroughs V Board Member Keller Board Member McCoy I X Board Member Morgan X Board Member Luviano Alternate Brass i'* L `t) {i 4 7 Alternate Baughman X Senior Planner Brisson I/ Attorney Cook Secretary Clement v CITY OF OKEECHOBEE PLANNING BOARD /BOARD OF ADJUSTMENT AND APPEALS HAND WRITTEN MINUTES AUGUST 19, 2010 I. CALL TO ORDER- Chairperson: August 19)2010, Planning Board /Board of Adjustment and Appeals Regular Meeting 6:00 p.m. II. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE Secretary. Presen Absent II. MINUTES Secretary. 0 MOTION: Planni Board /Board by 1/4AXL— Page 1 of 6 LL 1 L3[ C£ x C A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the June 17, 2010 regular meeting. moved to dispense with the reading and approve the Summary of Adjustment and Appeals Action for the June 17, 2010 regular meeting; seconded "A 4. r-z-‘( gJ 4-42-_,4-ca 1 ,4 yckt MAXWELL HOOVER X BURROUGHS KELLER MCCOY X MORGAN X LUVIANO BRASS BAUGHMAN X RESULTS DENIED VOTE: IV. AGENDA Chairperson. NAY V. OPEN PUBLIC HEARING Chairperson. AUGUST 19, 2010 PB /BOA MINUTE GUIDE PAGE 2 OF 6 ABSENT ABSTAIN NON VOTING A. Requests for the addition, deferral or withdrawal of items on today's agenda. A. Application No. 10- 003 -SSA submitted by Jennifer Williamson to change the Future Land Use classification for 1646 Hwy 441 North, Lifestyles Healthcare Ltd., from SF to C Senior Planner. 46- 1. Hear from Planning Staff. `NA 97 1/ 2. Hear from the Property Owner or design /agent. p 7 /z 3. Open Public Hearing for public comment Chairperson. MAXWELL HOOVER X BURROUGHS KELLER MCCOY X MORGAN X LUVIANO BRASS BAUGHMAN X RESULTS CARRIED )DENIED A. Petition No. 10- 003 -SSA continued. VOTE: 4. Close Public Hearing Chairperson. 5. Board Discussion. '14 a 6. Consider motion and vote. Motion: Board Member moved he application onsiste s in sistent with the Comprehensive Plan and to r ommend approval enial to City Counci o chap e /not change the land use designation from Single Fami y to Commercial (C) for p rty located at 1646 Hwy 441 North, Lifestyles Healthcare Ltd., City of Okeechobee Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 10 -003 SSA.; seconded by Board Member b ,e.-Q-ctx. aa.c,, N YEA NAY AUGUST 19, 2010 PB /BOA AGENDA PAGE 3 OF 6 ABSENT AB AUGUST 19, 2010 PBIBOA AGENDA PAGE 4 OF 6 B. Petition No. 10 -003 -R submitted by Jennifer Williamson to change the Zoning for 1646 Hwy 441 North, Lifestyles Healthcare Ltd. from CPO to CHV Senior Planner. 1. Hear from Planning Staff. ,,v, 14449r1-4-4- /cer„, 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment Chairperson. 4. Close Public Hearing Chairperson. 5. Board Discussion. 6. Consider motion and vote. MOTION: n Board Member Ik.% Hy moved to recommend to City Council t approve ny Rezoning Petition No. 10 -003 R changing the zoning from CPO to CHV for prope d at 1646 Hwy 441 North, Lifestyles Healthcare Ltd. City of Okeechobee; seconded by Board Member MAXWELL HOOVER X BURROUGHS c KELLER MCCOY X MORGAN X LUVIANO BRASS BAUGHMAN X RESULTS/ CARRIED DENIED B. Petition No. 10 -003 -R CONTINUED. VOTE: YEA AUGUST 19, 2010 PB /BOA AGENDA PAGE 5 OF 6 A BSTA IN C. 2010 E'aluation and Appraisal Draft of the City's Comprehensive Plan Senior Planner. pl A .qoytAv dA-QAL4-ci_c_4 61 e fn 6i 0 1- a-t; R- 0- O P A6-4- 6 ()_02-( UGj /`(-1z-61A--‘Lx---.2 tt 1 141) I D D V 6Ad/J.A-Y 4-0 (60a)LA .Aati-i,-.,_, ut.,ssJ (0--e r 0Ot cos �1-<-1--g 46,2_ (3 „,„t-, fr-d-X u ce- 4(((bz )4-71,7 ?la/ 1-e-1--Z AA-A'Y"--e-ell 04_ eyv, (371-ek, c--kitw.e74-` Ge,c 91A-t- A 1 P `11V(cit.r1w; kW. -11h(geiz-L- 4=t ybu it8eo Pez-t i/4e e--rv‘cL:4' adJ co eacitomp- LctizacrefiL/ lit 04 /.2f °Lit A t o 0:4, r-7,,22)e,2 f2--Q---t-K-2- 4-, Le114( t)/ nu,,c-huvL C. Petition No. 10 -003 -R continued. Motion: Member the City's Comprehen ive Plan; seconded by Member VOTE: AUGUST 19, 2010 PBIBOA AGENDA PAGE 6 OF 6 moved to recommend to City Council approval of the EAR Draft SS C &SS YEA NAY ABSENT ABSTAIN NON VOTING MAXWELL HOOVER BURROUGHS KELLER MCCOY MORGAN LUVIANO BRASS BAUGHMAN RESULTS CARRIED DENIED X X X X LA VI. CLOSE PUBLIC HEARING Chairperson. VII. NEW BUSINESS Chairperson. A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. a L__; e,e/9 fJ"4 WAIA, Pio-ut__ Aw,e--A,,,ticy_0( ee,qo adeg..) VIII. ADJOURN REGULAR MEETING Chairperson "7 0 5-pm 16 J aJ /a-_e? CITY OF OKEECHOBEE PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS MEETING AUGUST 19, 2010 OFFICIAL AGENDA I. CALL TO ORDER: Planning Board /Board of Adjustment and Appeals, August 19, 2010 6:00 p.m. Chairperson. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE Secretary. Chairperson Devin Maxwell Vice Chairperson Dawn Hoover Board Member Terry Burroughs Board Member Kenneth Keller Board Member Osiel Luviano Board Member Douglas McCoy Board Member Malissa Morgan Alternate Karyne Brass Alternate Phil Baughman Attorney John R. Cook Senior Planner Bill Brisson Secretary Betty Clement III. MINUTES Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the June 17, 2010 regular meeting. IV. AGENDA Chairperson. B. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 V. OPEN PUBLIC HEARING Chairperson. A. Application No. 10- 003 -SSA submitted by Jennifer Williamson to change the Future Land Use classification for 1646 Hwy 441 North, Lifestyles Healthcare Ltd., from SF to C Senior Planner. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment Chairperson. 4. Close Public Hearing Chairperson. 5. Board Discussion. 6. Consider motion and vote. B. Petition No. 10 -003 -R submitted by Jennifer Williamson to change the Zoning for 1646 Hwy 441 North, Lifestyles Healthcare Ltd. from CPO to CHV Senior Planner. 1. Hear from Planning Staff. 2. Hear from the Property Owner or designee /agent. 3. Open Public Hearing for public comment Chairperson. 4. Close Public Hearing Chairperson. 5. Board Discussion. 6. Consider motion and vote. C. 2010 Evaluation and Appraisal Draft of the City's Comprehensive Plan Senior Planner. VI. CLOSE PUBLIC HEARING Chairperson. VII. NEW BUSINESS Chairperson. A. Consider any additional requests for amendments to the City's Land Development Regulations Chairperson. VIII. ADJOURN Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board /Board of Adjustment and Appeals with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. AUGUST 19, 2010- PB /BOA AGENDA PAGE 2 OF 2 City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 110 Petition No. O 0 5 v C Fee Paid: N t� Jurisdiction: f Fj� l' Hearing: Q )9 I /O 2 Hearing: al Ire 10 Publication Dates: 1 Notices Mailed: APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT To BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: Plan Amendment Type: Large Scale (LSA) involving over 10 acres or text amendment APPLICANT PLEASE NOTE: Small Scale (SSA) 10 acres or less Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. 7) *Attach Notarized Letter of Owner's Authorization Date gn.ture of Owner or Authorized Representative* For questions relating to this application packet, call the General Services Dept. at (863) 763 -3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) APPLICANT /AGENT /OWNER INFORMATION City of Okeechobee Applicant Address City Telephone Number Betty J. Clement, General Services Coordinator Agent* Address City State Zip Telephone Number Fax Number E -Mail Lifestyles Healthcare, LTD Owner(s) of Record 55 SE Third Avenue Address Fax Number E -Mail Okeechobee FL State Zip City State Zip Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) 763 -3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) II. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) n Text Amendment X Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Change from Single- Family to Commercial to ensure consistency among the Future and Use Map, Zoning and current and future use of the property. III. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting development potential of property) A. PROPERTY LOCATION: 1. Site Address: 55 SE Third Avenue 2. Property ID #(s): 2- 09- 37- 35 -0A00- 00010-0000 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 4.319 acres 2. Total Area included in Request: 4.319 acres a. In each Future Land Use (FLU) Category: Single Family (1) 4.319 acres (2) (3) (4) b. Total Uplands: 4.319 acres c. Total Wetlands: For questions relating to this application packet, call the General Services Dept. at (863) 763 -3372, Ext. 218 Page 3 of 7 Development Type Existing FLU Category Proposed FLU Category Residential Single Family Commercial Density (DU /Acre) 5 dui ac Number of Units 22 173 -bed nursing home Commercial (sq. ft.) 4 564,406 sf @FAR of 3.00 Industrial (sq. ft.) NA NA Applicaton for Comprehensive Plan Amendment (6/09) A. 3. Current Zoning: CPO 4. Current FLU Category: Sing' 5. Existing Land Use: Nursing Farm: me 6. Requested FLU Category: Commercial' D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY IV. AMENDMENT SUPPORT DOCUMENTATION At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. 5. Map showing existing zoning of the subject property and surrounding properties. For questions relating to this application packet, call the General Services Dept. at (863) 763 -3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. 7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten -year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses For questions relating to this application packet, call the General Services Dept. at (863) 763 -3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) 763 -3372, Ext. 218 Page 6 of 7 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. Slaff Report Small Scale Comprehenswe Pn Amendment Prepared for: The City of Okeechobee Applicant: City of Okeechobee Petition No. 10- 003 -SSA (Lifestyles Healthcare, LID) Staff Report Small Scale Amendment General Information Owner: Address: Applicant: Applicant Address E -Mail Address: Contact Person: Future Land Use Map Classification Zoning District Use of Property Acreage Legal Description: Applicant: City of Okeechobee Petition No.: 10- 003 -SSA Lifestyles Healthcare, LTD 1646 Hwy. 441 N, Okeechobee, FL City of Okeechobee 55 SE Third Avenue, Okeechobee, FL bclement @cityofokeechobee.com Betty J. Clement, General Servs. Coord. Existing Residential Single Family CPO Nursing Home 4.319 acres Proposed Commercial CHV Nursing Home 4.319 acres Location: 1646 Hwy. 441 N. PARCEL ID #2- 09- 37- 35 -0A00 -00010 -0000 A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEAR S 89 DEGREES, 52 MINUTES, 43 SECONDS W ALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 132.00 FEET; THENCE BEAR N 00 DEG 00 MIN 07 SEC W A DIST OF 325.39 FT; THENCE BEAR N 89 DEG 59 MIN 53 SEC E TO THE INTERSECTION WITH THE AFORESAID LINE E LINE OF SEC 9 A DIST OF 132.01 FT; THENCE CONT N 89 DEG 59 MIN 53 SEC E DIST OF 448.33 FT; THENCE BEAR S 00 DEG 00 MIN 07 SEC E TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 10 A DISTANCE OF 321.60 FEET; THENCE BEAR S 89 DEGREES, 32 MINUTES, 54 SECONDS W ALONG SAID SOUTH LINE OF SECTION 10, A DISTNCE OF 448.36 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 10, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING. 1 2 Staff Report Small Scale Amendment Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single Family Residential to Commercial for a 4.319 acre property located at 1646 Hwy. 441 North The property is and has been occupied by a Nursing Home since 1984. This was prior to the adoption of the City's Comprehensive Plan under the 1985 Growth Management Act. At that time the property was Zoned CPO which was the equivalent of today's CHV district, and a nursing home was an allowable use. When the City subsequently adopted its new LDC in 1998, the then CPO district was divided into the CHV, CLT and CPO districts, none of which allow a nursing home. The City is initiating this SSA as well as a rezoning to CHV and an amendment to the CHV district to allow a nursing home in that district. The intent of this SSA as well as the changes to the Zoning are to ensure that the Future Land Use Map, zoning and current use of the property are consistent and to remove the nonconforming status of the City's largest private employer and which we believe was an unintended consequence of prior changes to the City's zoning and LDC. Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Zoning District: Existing Land Use: Applicant: City of Okeechobee Petition No.: 10- 003 -SSA Uninc. Okeechobee County: Commercial Mixed Use Urban Residential Mixed Use Uninc. Okeechobee County: Residential General Hospital East: Future Land Use Map Classification: Uninc. Okeechobee County: Urban Residential Mixed Use Zoning District: Uninc. Okeechobee County: Neighborhood Commercial 2 Existing Land Use: Vacant South: Future Land Use Map Classification: Commercial and Single Family Zoning District: CHV and Holding Existing Land Use: Vacant West: Future Land Use Map Classification: Commercial Zoning District: CPO Existing Land Use: Vacant 3 Staff Report Small Scale Amendment Applicant: City of Okeechobee Petition No.: 10- 003 -SSA General Analysis and Staff Comments Based on the size of the property (4.319 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. A Goal of the City, as set forth on page 1 of the Future Land Use Element, is to "...maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The requested Commercial future land use designation is consistent with the general pattern of commercial expansion evident in the area within two blocks of US 441. Further, the property has been used as a nursing home for over 25 years, is the City's largest private employer and is located adjacent to the hospital. These factors coupled with the foregoing cited policies indicate that the requested amendment is consistent with the Comprehensive Plan. B. Adequacy of Public Facilities The property is fully developed and operating as a nursing home and has been for over 25 years. Changing the future land use designation will have no effect upon the ability of the City and other service providers to provide the nursing home or any other properties in the City with adequate services. 4 Staff Report Small Scale Amendment Applicant: City of Okeechobee Petition No.: 10- 003 -SSA C. Compatibility with Adjacent and Nearby Land Uses The nursing home has been and will continue to be compatible with existing and future uses in the vicinity. Changing the future land use category will have no effect except to eliminate existing inconsistencies among zoning, the FLUM, and the existing use. Recommendation Staff recommends approval of the City's proposal to amend the Future Land Use Map from Single Family to Commercial. Submitted by: James G. LaRue, AICP Planning Consultant August 10, 2010 Planning Board Hearing: August 19, 2010 Council Hearing: September 7, 2010 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 5 E 1 I I EAll II NW 11th Street 41 SINGLE FAMILY MULTI FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES FUTURE LAND USE Lifestyle Healthcare Property and Environs 300 MIL MEM NE 11th St. 0 300 600 Feet E MEI E MEI H RSF1 RMH RSF2 RMF CPO CLT CBD CHV Ell IND PUB I I I I NE W Street ZONING Lifestyle Healthcare Property and Environs 300 0 2•L•iiii.`ii NE 300 600 Feet 7 Okeechobee County Property Appraiser Map Printed on 8/10/2010 10:55:27 AM Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA Okeechobee, Florida 863 763 -4422 PARCEL: 2- 09- 37- 35 -0A00- 00010.0000 REST HOMES (007800) 9 I 1 130 260 390 ft City of Okeechobee General Services Department 55 S.E. 3r Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 Date: 7/16/10 Petition No. 10 003 Fee Paid: N/A Jurisdiction: PB /CC 1 Hearing: 8/19/10 2 Hearin �Nt10 g "d g F P� Publication Dates: I i H, t'� qiciano Notices Mailed: Rezcl e, Special Exception and Variance APPLICANT I FORMATION r ate Rec'd...Chk'd 1 Name of property owner(s): Lifestyles Healthcare LTD 2 Owner mailing address: 1646 Hwy 441 N 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 55 SE Third Avenue 4a e-mail address: lwe4 arc.r fl an Co rn 5 Name of contact person (state relationship): T &r Walla m ‘)on 6 Contact person daytime phone(s): 7 PROPERTY Li .2 2 oc FA '77 L. 2g1 INFORMATI5N 7 Property address /directions to property: 1646 N. Hwy 441 8 Describe current use of property: Nursing Home 9 Describe improvements on property (number /type buildings, dwelling units occupied or vacant, etc. N/A 10 Approx. acreage: 4.319 Is property in a platted subdivision? No 11 Is there a use on the property that is /was in violation of a city or county ordinance? If so, describe: Non conforming use 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: North: County East: County South: Commercial/Residential West: County Existing zoning: CPO Future Land Use classification SF 14 15 Request is for: (X) Rezone Special Exception Variance 16 Parcel Identification Number: 2- 09- 37- 35 -0A00- 00010 -0000 ATTACHMENTS 17 Applicant's statement of interest in property To make the use conforming and consistent Revised 11/08 Page 1 of 10 18 Non- refundable application fee: Rezoning $850; Special Exception: $500; Variance: $500; all plus $30 /acre Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges 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. N/A 19 Last recorded warranty deed 20 Notarized letter of consent form property owner (if applicant is different from property owner) 21 Three property surveys (one no larger than 11" x 17 containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre 22 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) /,q INFORMATION S TING TO A REZO Date d Chk'd 23 Current zoning classification: CPO Requested zoning classification CHV 24 What is the desired permitted use and intended nature of activities and development of the property? Nursing home 25 Is a Special Exception necessary for your intended use? No 26 Is a Variance necessary for your intended use? No 27 Applicant's materials addressing required findings for granting a rezoning (attach). I[NF TION SPECIFICALLY RELATING TO A SPECIAL EXCEPTION 28 Describe the Special Exception sought: 29 Are there similar uses in the area? If so, describe them: 30 If a business briefly describe the nature of the business, of employees, hours of operation and any activities to be conducted outside of a building: Revised 11/08 Page 2 of 10 31 32 33 34 35 36 37 38 39 Applicant's materials addressing standards for granting a special exception (attach) Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: Describe the physical characteristics of the property that make the variance necessary. Did you cause or contribute to the characteristic necessitating the variance? If so, describe: What is the minimum variance necessary? Applicant's materials addressing standards for granting a variance (attach) Applicant's materials addressing findings required for granting a variance (attach) 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 re ulting the summary denial of this application. Signature ,/'J` Printed Name Date Revised 11/08 Page 3 of 10 FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board /BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. NO 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes 3. The proposed use will not have an adverse effect on the public interest. NO 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Yes 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. NO 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Existing 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. NO 9. The proposed use has not been inordinately burdened by unnecessary restrictions. NO The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. Revised 11 /08 Page 4 of 10 City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 39974 -2903 Phone: (863) 763 -3372, ext. 218 Fax: ($63) 763 1686 Date: 7/16/10 Petition No. 10 003 Fee Paid: N/A Jurisdiction: PB /CC 1" Hearing: 8/19/10 Publication Dates: 2nd Hearing: t10 9/ /V /Id Flog Notices Mailed: 2 Owner mailing address: 1646 Hwy 441 N 3 4 Applicant mailing address: 55 SE Third Avenue 4a 5 Name of contact person (state relationship): 11 13 Name of property owner(s): Lifestyles Healthcare LTD Name of applicant(s) if other than owner e -mail address: tt rrra ry b u ca »An Co rn Te.nni4 WiIIiamson Property address /directions to property: 1646 N. Hwy 441 Contact person daytime phone(s): -Z Describe current use of property: Nursing Home 14 Existing zoning: CPO 1- Describe improvements on property (number /type buildings, dwelling units occupied or vacant, etc. N/A 10 Approx. acreage: 4.319 Is property in a platted subdivision? No Is there a use on the property that is /was in violation of a city or county ordinance? If so, describe: Non conforming use 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: North: County East: County South: Commercial/Residential West: County 15 Request is for: (X) Rezone Special Exception Variance 16 Parcel Identification Number: 2- 09- 37- 35 -0A00- 00010 -0000 Applicant's statement of interest in property 17 To make the use conforming and consistent FAY- 17 L- ig7 t ,5 Future Land Use classification SF Revised 11 /08 Page 1 of 10 18 Non refundable application fee: Rezoning $850; Special Exception: $500; Variance: $500; all plus $30 /acre Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges 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. N/A 19 Last recorded warranty deed Notarized letter of consent form property owner (if applicant is different from property 20 owner) Three property surveys (one no larger than 11" x 17 containing: 21 a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject 22 property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 23 Affidavit attesting to completeness and correctness of the list (attached) 23 Current zoning classification: CPO Requested zoning classification CHV What is the desired permitted use and intended nature of activities and development of the 24 property? Nursing home Is a Special Exception necessary for your intended use? No 25 26 Is a Variance necessary for your intended use? No 27 Applicant's materials addressing required findings for granting a rezoning (attach). 28 Describe the Special Exception sought: 29 Are there similar uses in the area? If so, describe them: 30 If a business briefly describe the nature of the business, of employees, hours of operation and any activities to be conducted outside of a building: Revised 11/08 Page 2 of 10 Describe the Special Exception sought: Describe the physical characteristics of the property that make the variance necessary. Did you cause or contribute to the characteristic necessitating the variance? If so, describe: What is the minimum variance necessary? Applicant's materials addressing standards for granting a variance (attach) Applicant's materials addressing findings required for granting a variance (attach) 31 Applicant's materials addressing standards for granting a special exception (attach) 32 Applicant's materials addressing findings required for granting a special exception (attach) 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 re ulting the summary denial of this application. Signature j' may Printed Name Date Revised 11/08 Page 3 of 10 FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board /BOA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. NO 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes 3. The proposed use will not have an adverse effect on the public interest. NO 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Yes 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. NO 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Existing 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. NO 9. The proposed use has not been inordinately burdened by unnecessary restrictions. NO The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. Revised 11/08 Page 4 of 10 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 Phone: 239 334 -3366 Fax: 239 334 -6384 LaRue Planning Management Services, Inc. Saff Report Rezoning Prepared for: The City of Okeechobee Applicant: City of Okeechobee Petition No. 10-003-R (Lifestyles Healthcare, LIT) Staff Report Rezoning Applicant: City of Okeechobee Petition No.: 10 -003 -R General Information Owner: Address: Applicant: Applicant Address E -Mail Address: Contact Person: Future Land Use Map Classification Zoning District Use of Property Acreage Location: 1646 Hwy. 441 N. Legal Description: Lifestyles Healthcare, LTD 1646 Hwy. 441 N, Okeechobee, FL City of Okeechobee 55 SE Third Avenue, Okeechobee, FL bclement@cityofokeechobee.com Betty J. Clement, General Services Coordinator Existing Proposed Residential Single- Commercial Family CPO CHV Nursing Home Nursing Home 4.319 acres 4.319 acres PARCEL 1 D #2- 09- 37- 35 -0A00- 00010 -0000 A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEAR S 89 DEGREES, 52 MINUTES, 43 SECONDS W ALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 132.00 FEET; THENCE BEAR N 00 DEG 00 MIN 07 SEC W A DIST OF 325.39 FT; THENCE BEAR N 89 DEG 59 MIN 53 SEC E TO THE INTERSECTION WITH THE AFORESAID LINE E LINE OF SEC 9 A DIST OF 132.01 FT; THENCE CONT N 89 DEG 59 MIN 53 SEC E DIST OF 448.33 FT; THENCE BEAR S 00 DEG 00 MIN 07 SEC E TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 10 A DISTANCE OF 321.60 FEET; THENCE BEAR S 89 DEGREES, 32 MINUTES, 54 SECONDS W ALONG SAID SOUTH LINE OF SECTION 10, A DISTNCE OF 448.36 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 10, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 9 AND THE POINT OF BEGINNING. 2 Staff Report Rezoning Description of the Request The matter before the Local Planning Agency and City Council is an application for a rezoning of a 4.319 acre property, located at 1646 Hwy. 441 North, from CPO to CHV. The property is and has been occupied by a Nursing Home since 1984. At that time the property was Zoned CPO which was the equivalent of today's CHV district, and a nursing home was an allowable use. When the City subsequently adopted its new LDC in 1998, the then CPO district was divided into the CHV, CLT and CPO districts, none of which allow a nursing home. The City is also initiating an SSA to redesignate the property on the Future Land Use Map from Single Family to Commercial and proposing to add a nursing home as a permitted use in the CHV district. These actions taken together will ensure that the Future Land Use Map, zoning and current use of the property are consistent and will remove the nonconforming status of the City's largest private employer. We believe the property's nonconforming status was an unintended consequence of prior changes to the City's zoning and LDC. Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Applicant: City of Okeechobee Petition No.: 10 -003 -R Uninc. Okeechobee County: Commercial Mixed Use Urban Residential Mixed Use Uninc. Okeechobee County: Residential General Hospital Uninc. Okeechobee County: Urban Residential Mixed Use Uninc. Okeechobee County: Neighborhood Commercial 2 Vacant Commercial and Single Family CHV and Holding Vacant Commercial CPO Vacant 3 Staff Report Rezoning Applicant: City of Okeechobee Petition No.: 10 -003 -R General Comments: The requested rezoning to CHV is consistent with the general pattern of commercial expansion evident in the area within two blocks of US 441. Further, the property has been used as a nursing home for over 25 years, is the City's largest private employer and is located adjacent to the hospital. These factors coupled with the need to ensure consistency between the zoning and the FLUM and the long- standing use of the property for a nursing home support the proposed rezoning to CHV. Analysis: Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. Staff Comments relating to each of the criteria are provided in bold typeface: 1. The proposed use is not contrary to Comprehensive Plan requirements. Approval of the rezoning is intended to accompany the proposed change to Commercial on the FLUM. Rezoning to CHV will then be consistent with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. This application is also being accompanied by a proposed change to allow a nursing home in the CHV district as a permitted use. Prior to the 1998 adoption of the new LDC, hospitals and nursing homes were allowed as a special exception on the property. The requested change to allow a nursing home in the CHV district will treat nursing homes and hospitals equally, as they were in 1984. 3. The proposed use will not have an adverse effect on the public interest. A nursing home has long been operated on the property and the rezoning will have no effect on the public interest except that it will ensure that the City's largest private employer may continue as a permitted use rather than experience the difficulties associated with nonconforming status. 4 Staff Report Applicant: City of Okeechobee Rezoning Petition No.: 10 -003 -R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. In light of its proximity to the hospital, this location has and will continue to be appropriate for a nursing home and even commercial uses, particularly those that are associated with the medical field. Surrounding properties are all vacant suitable for commercial and other urban uses which are compatible with a nursing home. 5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. Continued use as a conforming nursing home will have no adverse affect upon land values or living conditions in the area. 6. The proposed use can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. Since no changes in the physical use are intended, the rezoning will result in no new need for buffering. The size of the property will provide ample opportunity for buffering should physical changes be made to the property in the future. 7. The proposed use will not create a density pattern that would over burden public facilities such as schools, streets and utility services. The facility has been operating for over 25 years and has created no burden on the ability of public facilities to continue to provide adequate levels of service. No changes in this status are expected as a result of the rezoning. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The facility has been operating for over 25 years and rezoning of the property to a classification that will allow the existing nursing home use will create no additional traffic, congestion, or drainage problems and will not affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. We are aware of no special burdens that would unnecessarily restrict development on this subject property. 5 Staff Report Rezoning Applicant: City of Okeechobee Petition No.: 10 -003 -R Recommendation: Based on the foregoing analysis, Staff recommends approval of the proposed rezoning from CPO to CHV. Submitted by: James G. LaRue, AICP August 10, 2010 Planning Board hearing: August 19, 2010 City Council Hearings: (1 September 7, 2010 with Second reading scheduled thereafter. Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 6 N MEI NW 11th Street c >II !a SINGLE FAMILY MULTI FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES FUTURE LAND USE Lifestyle Healthcare Property and Environs :EL 1 MI= E H RSF1 RMH RSF2 RMF ME CPO CLT .11 CBD CHV IND PUB NW 11th Street ZONING Lifestyle Healthcare Property and Environs 300 NE 1 NE l2thIISEiiiiij 0 300 NE 11th St. 600 Feet 8 Okeechobee County Property Appraiser Map Printed on 8/10/2010 10:55:27 AM 50 47.5 32 2 •RA'ULERSON rt" EMORIAL HOAR ITAL' LLAp14�027.1545 LTO,N..080449743' T,RA E Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA Okeechobee, Florida 863-763-4422 ARCEL: 2- 09.37- 35 -0A00. 00010 -0000 REST HOMES (007800) 9 130 260 390 f0 bclement From: To: Sent: Subject: "Bill Brisson" <bill @larueplanning.com> bwhitehall @cityofokeechobee.com "'bclement <bclement @cityofokeechobee.com Thursday, August 12, 2010 10:31 AM FW: Devin's EAR comments From: Maxwell Maxwell, P.A. mailto :okeechobeelawyer @yahoo.com] Sent: Wednesday, August 11, 2010 5:19 PM To: Bill Brisson Cc: Terry Burroughs Subject: EAR comments Thanks for all the hard work on this. Page 1 of 2 Bill, I think that the EAR has a lot of very good components. I have provided some input as to the items that were discussed at the Planning Board meeting into the Major Issues already identified. Major Issue 1: Transition from Residential to Commercial (this wasn't discussed, but I noticed that this area can only be rezoned to CLT, CPO and RMF. I understand the transition goal, but preventing CHV when located right on the arterial roadway may be an unintended, or negative result) Major Issue 2: On page 11 -9, in the paragraph before the examples, I think we should add a statement to the effect: "Consideration should be given to preserving existing land use patterns, particularly in the case of protecting single family neighborhoods from the encroachment of more intense uses." Of the four examples of factors to be used in deciding whether to change the zoning or the FLUM, I think that based on the City's past decisions, number three should be replaced with: 3. The propery's proximity to an area that is predominantly zoned for single family residential use. Another factor might be: 5. Whether there is a continued demand for additional MF zoning given the large increase in MF between 2000 and 2010. Major Issue 5: At the end of Policly 8.6, add: "The Streetscape and Landscaping Plan shall require that sidewalks be constructed on all city streets by the year 2030 "The Streetscape and Landscaping Plan shall be incorporated into the Okeechobee Utility Authority's Expansion Plan." Consider removing the single family exemption from the end of Policy 8.7, and adding: "The installation or replacement of 200 feet or more of main water or wastewater line along a City right of way shall require sidewalk construction." 8/12/2010 Devin General notes: I think that some consideration should be given to preserving the outermost areas of the City for RSF, and attempt to draw a boundary beyond which RMF should not be extended, in each quadrant of the City. Table 1.4- Of the roughly 69 comp plan amendments from 2001 to 2009, 31 were a change to multi family. This represented about 72 acres of some 166 acres changed. We simply do not have the demand to support this much multi family zoning, and will not during this EAR cycle. The future land use in the County, just outside the City, is Urban Residential Mixed Use, which allows multi family zoning, so there is ample opportunity for MF development both in the City, and just outside it, if the demand arises. Maxwell Maxwell P.A. 405 NW Third Street Okeechobee, Florida 34972 (863) 763 -1119 (863) 763 -1179 facsimile No virus found in this incoming message. Checked by AVG www.avg.com Version: 9.0.851 Virus Database: 271.1.1/3065 Release Date: 08/11/10 14:34:00 Page 2 of 2 8/12/2010 bclement From: "Philip Baughman" <skullhillsteel @yahoo.com> To: "bclement" <bclement @cityofokeechobee.com> Sent: Monday, August 09, 2010 2:43 PM Subject: Re: Meeting 8/19/10 I will be at open house with my son. Phil On Wed, 8/4/10, bclement <bclement@cityofokeechobee.com> wrote: From: bclement <bclement @cityofokeechobee.com> Subject: Meeting 8/19/10 To: "Terry Burroughs" <twbfla @embargmail.com "Phil Baughman" <skullhillsteel yahoo.com>, "Osiel Luviano" <osiel @luvianogroup.com "Malissa Morgan" <achildsworld@embargmail.com "Kenny Keller" <kenneth_keller @cable.comcast.com "Karyne Brass" <khbrass @live.com "Doug McCoy" <douglas_mccoy@doh.state.fl.us "Devin Maxwell" <okeechobeelawyer yahoo.com>, "Dawn Hoover" <djjkhoover@aol.com "Bill Brisson" <bill @larue- planning.com> Date: Wednesday, August 4, 2010, 9:40 AM Please confirm you will be attending the Planning Board Meeting scheduled for August 19, 2010. I need this information to determine if there will be a quorum as the open house for the schools is the same evening. Thank you in advance for your prompt response. Betty Betty J. Clement General Services Coordinator 55 SE Third Avenue Okeechobee, FL 34974 Tele: 863 763 -3372 ext. 218 Fax: 863 763 -1686 e -mail: bclement (a..cityofokeechobee.com Page 1 of 1 8/9/2010 bclement From: "Melissa" <achildsworld @embargmail.com> To: "bclement" <bclement @cityofokeechobee.com> Sent: Thursday, August 05, 2010 4:24 PM Subject: Re: Meeting 8/19/10 I will be unable to attend as I will be at open house. Thankyou. Sent from my iPad On Aug 4, 2010, at 9:40 AM, "bclement" <bclement @cityofokeechobee.com> wrote: Please confirm you will be attending the Planning Board Meeting scheduled for August 19, 2010. I need this information to determine if there will be a quorum as the open house for the schools is the same evening. Thank you in advance for your prompt response. Betty Betty J. Clement General Services Coordinator 55 SE Third Avenue Okeechobee, FL 34974 Tele: 863 763 -3372 ext. 218 Fax: 863 763 -1686 e -mail: bclement aC�.cityofokeechobee.com Page 1 of 1 8/6/2010 bclement From: <Douglas_McCoy @doh.state.fl.us> To: <bclement @cityofokeechobee.com> Sent: Wednesday, August 04, 2010 9:58 AM Subject: RE: Meeting 8/19/10 As I have 5 kids in 4 different schools and my wife can only be at one of them I think I must decline to attend the open houses. Doug From: bclement [mailto :bclement ©cityofokeechobee.com] Sent: Wednesday, August 04, 2010 9:40 AM To: Terry Burroughs; Phil Baughman; Osiel Luviano; Malissa Morgan; Kenny Keller; Karyne Brass; McCoy, Douglas L; Devin Maxwell; Dawn Hoover; Bill Brisson Subject: Meeting 8/19/10 Please confirm you will be attending the Planning Board Meeting scheduled for August 19, 2010. I need this information to determine if there will be a quorum as the open house for the schools is the same evening. Thank you in advance for your prompt response. Betty Betty J. Clement General Services Coordinator 55 SE Third Avenue Okeechobee, FL 34974 Tele: 863 763 -3372 ext. 218 Fax: 863 763 -1686 e -mail: bclement a,citvofokeechobee.com Page 1 of 1 8/4/2010 bclement From: Djjkhoover” <djjkhoover @aol.com> To: <bclement @cityofokeechobee.com> Sent: Tuesday, August 03, 2010 10:26 AM Subject: planning meeting Is our meeting scheduled for 8/19? If so I won't be able to make it. I might add that open house for all of the schools is scheduled that night and there are people on the planning board with kids. I have never made an August meeting because of this. Dawn T. Hoover 8/4/2010 Page 1 of 1 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a J in the matter of f L-t t t d c. frt.-L. rte,! /UZ' LL ?-6 ouli I NDEPENDENT NEWSPAPERS OKLECitOBFF NEWS 107S.W 17th Strict, Suite D, Ok.ochubrr, H in the 19th Judicial istrict of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this day of -L -.-:;2 C-- AD Notary Public, State of Florida at Large NOTARY PUBLIC-STATE OF FLORIDA Angie Brid C 'omrnission i i)i>779713 Expires: APR, 20, 2012 BONDEP'CHI2t1 4T3AyTtc unNf?Lpt6 CO., INC. 3.P (863) 763-3134 NOTICE OF CITY PLANNING BOARD MEETING NOTICE: The City of Okeechobee Planning Board will meet as the Local Planning hursday, August 19, 2010 at 6:00 p.m. or as soon thereafter as possible, to discuss the Evaluation and Appraisal Report of the C� Staff or hzense Pla ne adopted any proposed amendments, submitted by City amendments to City Comprehensive Plan, which may (LOO All amendments arettfe adopted Council for final with a recommendation to the City Southeast 3rd Avenue, inrthe Counci Room recommendation, Okeech obee, e Florida. Ochoe, PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, an nw may seek to appeal any decision involving the matters no- nyand eviden at responsible for making a verbatim rppeeceaoar�d of the testimo- Please con tact G e n eral SeMC o f863 -763 33773 or we is to be based. vna citvofok n In accordance W� t Amen mwith Dissabili[e aAAcctn(ADA) 011990 per. sons needing special accommodation to participate in this proceeding should Brian hiitehalll Zoning Administrator Services a at 863- 763 -3372 for assistance, 362222 ON 8/13/10 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 1,1 in the matter of i v i 11 -ri 2 417 t-L in the 19th Judicial District of the Circuit Court bf Okeechobee County, Florida, was published in said newspaper in the issues of t1 Affiant further says that the said 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 fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. J -eNDEPENDENT MEE NEWSPAPERS OKE.ECH OBE E NEWS 107 S_Lti_ 17t0 Street, Suite D, Oke, chobee, FI_ Judy Kasten Sworn to and subscribed before me this 1•11 day of NOTARY PUBLIC -STATE OF FLORIDA Angie Bridges Commission DD7797 1.8 Expires: APR. 20, 2012 BONDED 1 AT0ANT1C I30NDING 4:o., INC. AD Notary Public, State of Florida at Large ublic Notice 1863) 763-3134 Public Notice TECHNICAL REVIEW COMMITTEE MEETING NOTICE NOTICE IS HEREBY GIVEN that the Technical Review Committee of the City of Okeechobee will meet in Regular Session on Thursday, August 19, 2010 at 10:00 a.m„ City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters no- ticed herein will be responsible for making a verbatim record of the testimo- ny and evidence at said meeting upon which any appeal is to be based, Please contact Betty Clement at 863 763 -3372, or website www dtyofokeerhobee mm to obtain a copy of the agenda. In accordance the Americans with Disabilities Act (ADA) of 1990 per- sons needing special aaommodation to participate in this proceeding should contact the General Services Office at 863- 763 -3372 for assistance. by: Brian Whitehall, City Administrator 362221 ON 8/13/10