Loading...
2013-06-20 4 3 4 ,oz.toF00,.. CITY OF OKEECHOBEE t.„, oo m yon= PLANNING BOARD JUNE 20, 2013 SUMMARY OF BOARD ACTION -----m„,, PAGE 1OF4 AGENDA ACTION - DISCUSSION -VOTE I. CALL TO ORDER-Chairperson. Chairperson Hoover called the June 20, 2013 meeting to order at 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE -Secretary. Board Secretary Burnette called the roll: Chairperson Dawn Hoover Present Vice Chairperson Terry Burroughs Absent(with consent) Board Member Phil Baughman Present(entered Chambers at 6:11 p.m.) Board Member Karyne Brass Present Board Member Kenneth Keller Present Board Member Douglas McCoy Present Board Member Gary Ritter Present Alternate Board Member John Creasman Present(moved to voting position) Alternate Board Member Les McCreary Present(moved to voting position) Attorney John R. Cook Absent City Planning Consultant Bill Brisson, Senior Planner Present Board Secretary Patty M. Burnette Present III. MINUTES- Secretary. A. Motion to dispense with the reading and approve the Summary of Board Member Brass moved to dispense with the reading and approve the Summary of Board Action for the May 16, Board Action for the May 16, 2013 regular meeting. 2013 Regular Meeting; seconded by Board Member Ritter. There was no discussion on this item. VOTE HOOVER-YEA BURROUGHS-ABSENT BAUGHMAN-ABSENT BRASS-YEA KELLER-YEA MCCOY-YEA RITTER-YEA CREASMAN-YEA MCCREARY-YEA MOTION CARRIED. IV. AGENDA-Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's Chairperson Hoover asked whether there were any requests for the addition,deferral or withdrawal of items on today's agenda. agenda. There being none the agenda stands as published. P JUNE 20,2013-PLANNING BOARD-PAGE 2 OF 4 4 3 5 AGENDA ACTION-DISCUSSION-VOTE V. OPEN PUBLIC HEARING-Chairperson. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:01 P.M. A. Consider a Comprehensive Plan Future Land Use Element(FLUE) Consider a Comprehensive Plan FLUE Text Amendment to address compatibility of land uses located near or within Text Amendment to address compatibility of land uses located near certain distance of airport runways. or within certain distance of airport runways-Senior Planner(Exhibit 1, Page 2 through Page 7). 1. Hear from Planning Staff. Planner Brisson referenced his memorandum dated May 28 and explained that during the review of the Evaluation and Appraisal Report,it was noted that the City's Comprehensive Plan did not include an Objective or Policy that addressed the requirements of Florida Statute 163.3177(6)(a) regulating the compatibility of land uses located near or within a certain distance of airport runways. He further explained, no property within the City falls within the Runway Protection Zone,identified as the area extending 1,200 feet from the end of Okeechobee County's runway number 32.Since a"Part 150 Noise Study" has not been conducted for the County Airport, a 2,500 foot radius was identified prohibiting the construction of homes or school facilities.In regards to tall structures,the"Airport Notification Area"extends three statute miles out from the Airport Reference Point. Any construction proposed within this distance, must notify the Federal Aviation Administration(FAA)and file a notice of Proposed Construction or Alteration,should the height of the structure exceed 200 feet or be greater than its distance from the end of the runway divided by 100. Planner Brisson's recommendation was to amend the FLUE by adding a new Objective 13 and associated Policy 13.1 as presented in Exhibit 1. 2. Public comments or questions from those in attendance,or Chairperson Hoover asked whether there were any comments or questions from those in attendance.Mrs.Tara Minton submitted to the Board Secretary. Rowley, Executive Director for the Economic Council of Okeechobee, asked whether there was a definition of educational facilities and whether this included ball fields? Planner Brisson responded he would have to defer to the Florida Statute definition, and the ballfields could be included based on their association with schools. 3. Disclosure of Ex-Parte communications by the Board. Chairperson Hoover asked whether Board Members had ex-parte communications to disclose for the record.There was none. 4. a) Consideration of a motion to recommend the City Council Board Member Brass made a motion seconded by Board Member McCreary to recommend the City Council amend the approve or deny the FLUE Text Amendment to address Comprehensive Plan FLUE by adding Objective 13:The City of Okeechobee recognizes that under certain conditions compatibility of land uses located near airports. some uses of land are not compatible in proximity to public use airports and must be regulated to reduce or eliminate potential hazards to health or safety. Policy 13.1: The City of Okeechobee shall adopt airport zoning regulations that: a) Prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at Okeechobee County Airport.b)Are consistent with the requirements of Section 333,03(1)(c)F.S.c)Prohibit the location of any sanitary landfill that is: 1. within 10,000 feet from the nearest point of any runway used or planned to be used by turbojet or turboprop aircraft;2. within 5,000 feet from the nearest point of any runway used only by piston-type aircraft, 4 3 6 JUNE 20,2013-PLANNING BOARD-PAGE 3 OF 4 AGENDA ACTION-DISCUSSION-VOTE V. PUBLIC HEARING CONTINUED. A. 4.a) Consideration of a motion to recommend the City Council 3. outside the perimeters defined in subparagraphs 1. and 2., though still within the lateral limits of the civil airport approve or deny the FLUE Text Amendment to address imaginary surfaces defined in 14 C.F.R.part 77.25.d)Require notification of the FAA when a structure located within compatibility of land uses located near airports continued. three statute miles of the Airport Reference Point and will be higher than the distance from the end of the runway divided by 100 feet. e)Prohibit, in the interest of air safety and commerce,temporary or permanent structures that do not comply with FAA rules or regulations. b) Board discussion. Chairperson Hoover asked whether there was any further discussion. There was none. c) Vote on motion. VOTE HOOVER-YEA BURROUGHS-ABSENT BAUGHMAN-YEA BRASS-YEA KELLER-YEA MCCOY-YEA RITTER-YEA CREASMAN•YEA MCCREARY-YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing on a date to be determined. B. Consider a Comprehensive Plan Intergovernmental Coordination Consider a Comprehensive Plan ICE to provide for the appointment of a representative of the School Board to sit as Element(ICE)to provide for the appointment of a representative of the a non-voting member of the Local Planning Agency when it is considering amendments to the Comprehensive Plan School Board to sit as a non-voting member of the Local Planning or Zoning that would result in increases in residential density. Agency when it is considering amendments to the Comprehensive Plan or Zoning that would result in increases in residential density- Senior Planner(Exhibit 2, Page 8 to Page 10). 1. Hear from Planning Staff. Planner Brisson stated that again during the review of the Evaluation and Appraisal Report,it was noted that the City's Comprehensive Plan did not include a Policy in the ICE that addressed the requirements under Florida Statute 163.3174(1)to include a representative from the school district to the Local Planning Agency. 2. Public comments or questions from those in attendance, or Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs. Rowley submitted to the Board Secretary. asked whether there were similar allowances for Counties and Utilities. Planner Brisson responded no,that there are no requirements to notify any other bodies. 3. Disclosure of Ex-Parte communications by the Board. Chairperson Hoover asked whether Board Members had ex-parte communications to disclose for the record. There was none. t JUNE 20,2013-PLANNING BOARD-PAGE 4 OF 44 3 AGENDA ACTION-DISCUSSION-VOTE V. PUBLIC HEARING CONTINUED. B. 4. a) Consideration of a motion to recommend the City Council Board Member Ritter moved to recommend the City Council amend the Comprehensive Plan ICE by changing the approve or deny the ICE Text Amendment to provide for the language in Policy 5.5 to read:The City of Okeechobee shall include a representative of the Okeechobee School Board appointment of a representative of the School Board to sit as District,appointed by the School Board, as a non-voting member of the Local Planning Agency(LPA)to attend those a non-voting member of the Local Planning Agency when it is meetings at which the LPA considers amendments to the City's Comprehensive Plan and/or Zoning Map that would, considering amendments to the Comprehensive Plan or if approved, increase residential density on the property that is the subject of the proposed amendment(s), and Zoning that would result in increases in residential density. renumber the existing Policy 5.5 to 5.6,then renumber remaining policies as appropriate;seconded by Board Member McCoy. b) Board discussion. Chairperson Hoover asked whether there was any further discussion.There was none. c) Vote on motion. VOTE HOOVER-YEA BURROUGHS-ABSENT BAUGHMAN-YEA BRASS-YEA KELLER-YEA MCCOY-YEA RITTER-YEA CREASMAN-YEA MCCREARY-YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing on a date to be determined. CLOSE PUBLIC HEARING-Chairperson. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:22 P.M. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. Development Regulations-Chairperson. There were none offered. VII. ADJOURNMENT-Chairperson. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:22 p.m. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning BoardtBoard of Adjustment and Appeals with tespectto 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. a( L ( \1 ATTEST: l / J Dawn T. Hoover,Chairperson ti lk Patty M. Bumette, Secretary INDEPENDENT NEWSPAPERS .44 OKEECHOBEE NEWS 107 S.W.17th Street,Suite D,Okeechobee,FL 34974 (863)763-3134 J ' j I 4 , , STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher 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. '_ in the matter of : r - r . COMPREHENSIVE PLAN TEXT AMENDMENT i . ....._-__.-...._..._.... -- NOTICE The CRy of Okeechobee Planning Board will meet as the Local Planning Agency on Thursday,luae 20,2013 at 6 PM or as soon there- in the 19th Judicial District of the Circuit Court of after as possible,at city Hall,b SE 3rd Ave,m3 zoo,Okeechobee,FL.,to consider and receive input submitted by Gty Staff or citizens,concerning Okeechobee County, Florida, was published in said Textual Amendments to the Comprehensive Plan Goals, mental ves and Poii- Eles for the Future Land Use Element and Intergovernmental Coordination newspaper in the issues of__._ Element. The ew objective and nd policy addressing compaUse tibility oElement and useessslocattted near f -` or within a certain distance of airport runways. .---_ _- ---- .--- f C---- --�.!_-.--- --= —r---- The text amendment to the Intergovernmental Coordination Element proposes to a new policy providing or the appointment a representative from the Affiant further says that the said Okeechobee News Okeechobee County School Board to sit as a nonvoting member of the Loral Planning Agency when R is considering amendments to the Comprehensive is a newspaper published at Okeechobee,L Plan or nin that would resuit in increases in residential density. l IObE e, in said The amendments will be forwarded with a recommendation,to the City; Okeechobee County, Florida, and that said newspaper Council for consideration and transmittal to the Florida Department of Eco- nomic Opportunity. has heretofore been published continuously in said Ail interested Parties are encouraged to attend.Please contactgeneral Ser- vices at agenda.The p,or s eb amendments may be eve to obtain a copy Okeechobee County, Florida each week and has been owfe�e�agenda�Th e�preo��amendments may be reviewed on the City entered as second class mail matter at the post office in the address above. during normal business hours,at PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a Okeechobee, in said Okeechobee County, Florida, for 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- period of one year next preceding the first publication used herein will be responsible r making a verbatlm record of the testlmo- ra arxt evidence at said meeting upon which a ty appeal is to be based.In of the attached copy of advertisement, and affiant fur- a�rdante whh the Amerians with Disabilities Act(ppA)of 1990 persons py r needing spedal accommodation to partidpate in this proceeding should con- ther says that she has neither paid nor promised any tact the General Services Offkeat863-763-3372 for assistance. BY: Brian Whitehall Zoning Administrator person, firm or corporation any discount, rebate, com- 444788 ON 6/2,12/2 mission or refund for the purpose of securing this advertisement for-pftiblicatipn in the said newspaper. Torn Byrd Sworn to and subscribed before me this -;----- O 1 -- _day of , `, , AD t . Notary Public, State of Florida at Large s, 1 4M•"''''', ANGIE BRIDGES —I +; 40 ...44, MY COMMISSION#ES 177653 e tju. o-i�r = ,��r EXPIRES:April 20;2016 ' it........ . Bonded Thru Notary Pubic Underwriters s IN e DEPENDENT_ iimiNEWSPAPERS OKEECHOBEE NEWS 107 S.W.17th Street,Suite D,Okeechobee,FL 34974 (863)763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, t at the attached copy of advertisement being a_ L-'' 'fit.0 =s f'- in the matter of , 1 1/1A--`� / !1r 1:71-1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said NOTICE OF CITY PLANNING BOARD MEETING newspaper in the issues of -- --- - i NOran TICE: City of Okeechobee Planning Board will le et as the Lto! Planing Agen on Thursday June 20,2013 at 6 PM as soon thafteas poss at Tety Hall,55 SE 3rd Ave,Rm 2W Ochobee,EL�- J conder any posed amendments,subm tted by C ty S or dtlzens the dopted Comprehensive Plan,which may include amendments to the dopted d Development Reg ulations(LDR's).All amendments are Affiant further says that the said Okeechobee News forwarded,with a recommendation,to the Gty Coundl for final considera- tion. All Interested parties are encouraged to attend.Please contact General is a newspaper published at Okeechobee, in said All at 863-763-3372,or website,dtyofokeechobee.cont,to obtain a copy of the agenda. Okeechobee County, Florida, and that said newspaper 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 appeaY any decision involving the matters no- has heretofore been.published continuously in said hied herein will be responsible for making a verbatim record of the testimo- ny and evidence at said meeting uponwhich any appeal is to be based. Okeechobee County, Florida each week and has been coInsa accordance with the Americans with DisaabilitiessaAct(ADA)of 1990 per- should contac9t the GlAeral SerWcesaOffice at l63-763-3372 folrassistanc in9 entered as second class mail matter at the post office in BY: Dawn Hoover,Chairperson 445229 ON 6/14/2013 Okeechobee, in said Okeechobee County, Florida, for a r 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 fo ublication in the said newspaper. Tom Byrd Sworn to nd subscribed before me this 1 L�a�""C14 1_ . l it- _day of __ ! ,ett.of•o/E Q t`a T CITY OF OKEECHOBEE O• PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS MEETING.4,. 9;5. '' JUNE 20, 2013 OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER.Chairperson:June 20,2013 Planning Board/Board of Adjustment and Appeals Meeting,6:00 p.m. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE-Secretary. Chairperson Dawn Hoover Vice-Chairperson Terry Burroughs Board Member Phil Baughman Board Member Karyne Brass Board Member Kenneth Keller Board Member Douglas McCoy Board Member Gary Ritter Alternate Board Member John Creasman Alternate Board Member Les McCreary Board Attorney John R.Cook City Planning Consultant Bill Brisson,Senior Planner Board Secretary Patty Burnette 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 May 16,2013,regular meeting. IV. AGENDA-Chairperson. A. Requests for the addition,deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING-Chairperson. A. Consider Comprehensive Plan Future Land Use Element(FLUE)Text Amendment to address compatibility of land uses located near or within certain distance of airport runways-Senior Planner(Exhibit 1,Page 2 through Page 7). 1. Hear from Planning Staff. JUNE 20,2013-PB/BOA AGENDA•PAGE 2 OF 2 V. PUBLIC HEARING CONTINUED. A. Comprehensive Plan Future Land Use Element Text Amendment continued. 2. Public comments or questions from those in attendance,or submitted to the Board Secretary. 3. Disclosure of Ex-Parte communications by the Board. 4.a) Consideration of a motion to recommend the City Council approve or deny Text Amendment. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a final Public Hearing on a date to be determined. B. Consider Comprehensive Plan Intergovernmental Coordination Element(ICE)to provide for the appointment of a representative of the School Board to sit as a non-voting member of the Local Planning Agency when it is considering amendments to the Comprehensive Plan or Zoning that would result in increases in residential density-Senior Planner(Exhibit 2,Page 8 to Page 10). 1. Hear from Planning Staff, 2. Public comments or questions from those in attendance,or submitted to the Board Secretary. 3. Disclosure of Ex-Parte communications by the Board. 4.a) Consideration of a motion to recommend the City Council approve or deny Text Amendment. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a final Public Hearing on a date to be determined. CLOSE PUBLIC HEARING-Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations-Chairperson. VII. 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. City of Okeechobee Pg 1 of '2 Planning Board/Board of Adjustment and Appeals Patty's Hand written Minutes June 20, 2013 I. Call To Order-Chairperson: Chair Hoover called the June 20, 2013, Planning Board and Board of Adjustment and Appeals Regular Meeting to order at (a'.DD p.m. II. Chairperson, Board Member Staff Attendance - Secretary. PRESENT ABSENT(W OR W/0 CONSENT) Chairperson Hoover Vice Chairperson Burroughs ✓ w blyt p- Board Member Baughman Board Member Brass Board Member Keller Board Member McCoy Board Member Ritter Alternate Board Member Creasman i iOVtd fv ki041 Alternate Board Member McCreary 4 Planning Consultant Brisson, Senior Planner Board Attorney Cook Board Secretary Burnette III. Minutes - Secretary. A. Board Member Bva-ss moved to dispense with the reading and approve the Summary of Planning Board/Board of Adjustment and Appeals Action for the May 16, 2013 regular meeting; seconded by Board Member '( Discussion: VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BAUGHMAN BRASS KELLER MCCOY RITTER "7 CREASMAN '� MCCREARY `" rj ' RFSIII TS. CARRIFC 1 ��1.`f I r , ' F' June 20,2013-PB/BOA Minute Guide-Page 2 of IV. Agenda - Chairperson. A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. V. Open Public Hearing - Chairperson. A. Consider Comprehensive Plan Future Land Use Element(FLUE) Text Amendment to address compatibility of land uses located near or within certain distance of airport runways- Senior Planner(Exhibit 1, Page 2 through Page 7). 1. Hear from Planning Staff. �� I �� �pv✓+ rr,«aa��s ©1�� XOnJ La.ndl�- o p a �jV15,,4�'t— e^? co w:13j s'ohovl9 res �c .,� ..r l�rQasv 0o, sc.., l��h 4 Lootnet b-e-- CA/ct-ne- /0-6(4". +° rot-OVp a0 04--f ."- E F PHI f - you vn ► ►0s Lt h� S or+s coal 4'k" -cam., o F ?rex 'hi ' 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. / l axa_ P Dc's n i �-►cs x) OG' EC u.ca" ;Una-, COLS kw/ °La f)o-1- actil-- .Itep.Li.pkiic t� 4 June 20,2013-PB/BOA Minute Guide-Page 3 of `- 3. Disclosure of Ex-Parte communications by the Board. n CrUL 4. a) Consideration of a motion to recommend the City Council approve or deny Text Amendment. Board Member Fri)r'` moved to recommend the City Council pro;or deny Comprehensive Plan Future Land Use Element(FLUE) Text Amendment to address compatibility of land uses located near or within certain distance of airport runways; seconded by Board Member N. etivj . P° . b) Board discussion. June 20,2013-PB/BOA Minute Guide-Page 4 of c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BURROUGHS BAUGHMAN BRASS KELLER MCCOY RITTER CREASMAN V MCCREARY I RFS11I TS. CARRIF CFNIFC The recommendation will be forwarded to the City Council for consideration at a final Public Hearing on a date to be determined. B. Consider Comprehensive Plan Intergovernmental Coordination Element (ICE) to provide for the appointment of a representative of the School Board to sit as a non-voting member of the Local Planning Agency when it is considering amendments to the Comprehensive Plan or Zoning that would result in increases in residential density- Senior Planner(Exhibit 2, Page 8 to Page 10). 1. Hear from Planning Staff. �-- tiu.-b kath...Ul,s'0 L.G+A-0 c.k,, (Lulu C 8.�-�-t r✓�.2' & no-1-1..I c`C&J vrct n c- imsM p fro al U 1 June 20,2013-PB/BOA Minute Guide-Page 5 of 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 'e_. gemn.o rv't C l' (.ivi,OS a C—.LI..-hok:1- LC afol l L re. u.,ti r e ol_' `� t , . re u. ..4--t v��.� ± brae . ail C� .` 6 L ,1' , -PA--D - n `' ad k . t'I . --r-of School 004 Cu,wtnL( 3. Disclosure of Ex-Parte communications by the Board. 4. a) Consideration of a motion to recommend the City Council approve or deny Text Amendment. Board Member moved to recommend the City Council approv or deny Comprehensive Plan Intergovernmental Coordination Element (ICE)to provide for the appointment of a representative of the School Board to sit as a non-voting member of the Local Planning Agency when it is considering amendments to the Comprehensive Plan or Zoning that would result in increases in residential density; seconded by Board Member OC Coq . June 20,2013-PB/BOA Minute Guide-Page 6 of b) Board discussion. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER _BURROUGHS BAUGHMAN BRASS KELLER v MCCOY RITTER ✓ CREASMAN ✓ MCCREARY RFSl1I TS. CARRIFD ) DFNIFD The recommendation will be forwarded to the City Council for consideration at a final Public Hearing on a date to be determined. CLOSE PUBLIC HEARING - Chairperson. lD a VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations- Chairperson. VII. 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. Planning Management Services, Inc. Memorandum To: Members of the Planning Board From: Bill Brisson Date: May 28, 2013 Subject: Materials for Public Hearing on Evaluation &Appraisal Based Amendment Last September we conducted an Evaluation and Appraisal of the City's Comprehensive Plan as it relates to meeting changes in State Legislation. At that time, we identified two areas where the Plan does not address requirements of the current legislation, and so notified the State. These include the need for: 1. a new Objective and Policy in the Future Land Use Element addressing compatibility of land uses located near or within certain distance of airport runways, and 2. a new policy in the Intergovernmental Coordination Element providing for the appointment of a representative of the school board to sit as a nonvoting member of the LPA when it is considering amendments to the Comprehensive Plan or Zoning that would result in increases in residential density. The Comprehensive Planning Act of 2011 requires that the City prepare and transmit an amendment addressing items identified in the Evaluation and Appraisal Notification Letter within 12 months of submittal of the letter, which was required to be submitted by September 1, 2012. This is referred to as an "Evaluation and Appraisal-Based Amendment." The Planning Board, sitting at the Local Planning Agency (LPA) must hold a transmittal public hearing on the proposed amendment and forward its recommendation(s) to the City Commission. This public hearing has been scheduled for June 20, 2013. The attached materials explain the basis for the proposed changes and include the recom- mended text changes to the Future Land Use and Intergovernmental Coordination Elements of the Comprehensive Plan associated with the aforementioned items. I look forward to discussing these issues with you. In the meantime, should you have any questions, please contact me. Providing Planning and Management Solutions for Local Governments Since 1988 .._..___ -.__... __�.. _._..........._ __. . _. 1375 Jackson Street, Suite 206 Fort Myers,FL 33901 239-334-3366 www.larueplanning.com i I Exhibit 1 FUTURE LAND USE ELEMENT (FLUE) Review of the City's Comprehensive Plan during its Evaluation and Appraisal indicated that the Plan did not include an Objective or Policy addressing requirement of§163,3177(6)(a)3.b intended to achieve the compatibility of lands adjacent to an airport. The Okeechobee County Airport is located outside of, but close to, the municipal limits of the City of Okeechobee, and therefore the City's Comprehensive Plan is required to address the compatibility of land use proximate to the airport. DATA AND ANALYSIS: A. Title XXV—Aviation, Chapter 333—Airport Zoning Following are the sections of the State Legislation referred to in §163,3177(6)(a)3.b relating to the requirement for compatibility of lands adjacent to an airport. Pertinent sections, which have been addressed in this Amendment, are highlighted. "333.02 Airport hazards and uses of land in airport vicinities contrary to public interest. (1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is further found that certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2) are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities. Accordingly, it is hereby declared: (a) That the creation or establishment of an airport hazard and the incompatible use of land in airport vicinities are public nuisances and injure the community served by the airport in question; (b) That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and (c) That this should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation. (2) It is further declared that the limitation of land uses incompatible with normal airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein, or air rights thereover. 2 "333.03 Power to adopt airport zoning regulations.— (1) (a) In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area within its territorial limits shall, by October 1, 1977, adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area. (b) Where an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located wholly or partly outside the territorial limits of said political subdivision, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, shall either: 1. By interlocal agreement, in accordance with the provisions of chapter 163, adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question; or 2. By ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested in paragraph (a) in the political subdivision within which such area is located. Each such joint board shall have as members two representatives appointed by each political subdivision participating in its creation and in addition a chair elected by a majority of the members so appointed. However, the airport manager or managers of the affected political subdivisions shall serve on the board in a nonvoting capacity. (c) Airport zoning regulations adopted under paragraph (a) shall, as a minimum, require: 1. A variance for the erection, alteration, or modification of any structure which would cause the structure to exceed the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29; 2. Obstruction marking and lighting for structures as specified in s. 333.07(3); 3. Documentation showing compliance with the federal requirement for notification of proposed construction and a valid aeronautical evaluation submitted by each person applying for a variance; 4. Consideration of the criteria in s. 333.025(6), when determining whether to issue or deny a variance; and 5. That no variance shall be approved solely on the basis that such proposed structure will not exceed federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29, or any other federal aviation regulation. (d) The department shall issue copies of the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29 to each political subdivision having airport hazard areas and, in cooperation with political subdivisions, shall issue appropriate airport zoning maps depicting within each county the maximum allowable height of any structure or tree. Material distributed pursuant to this subsection shall be at no cost to authorized recipients. 3 (2) In the manner provided in subsection (1), interim airport land use compatibility zoning regulations shall be adopted. When political subdivisions have adopted land development regulations in accordance with the provisions of chapter 163 which address the use of land in the manner consistent with the provisions herein, adoption of airport land use compatibility regulations pursuant to this subsection shall not be required. Interim airport land use compatibility zoning regulations shall consider the following: (a) Whether sanitary landfills are located within the following areas: 1. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbojet or turboprop aircraft. 2. Within 5,000 feet from the nearest point of any runway used only by piston-type aircraft. 3. Outside the perimeters defined in subparagraphs 1. and 2., but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. Case-by- case review of such landfills is advised. (b) Whether any landfill is located and constructed so that it attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft. The political subdivision shall request from the airport authority or other governing body operating the airport a report on such bird feeding or roosting areas that at the time of the request are known to the airport. In preparing its report, the authority, or other governing body, shall consider whether the landfill will incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft. The airport authority or other governing body shall respond to the political subdivision no later than 30 days after receipt of such request. (c) Where an airport authority or other governing body operating a publicly owned, public- use airport has conducted a noise study in accordance with the provisions of 14 C.F.R. part 150, neither residential construction nor any educational facility as defined in chapter 1013, with the exception of aviation school facilities, shall be permitted within the area contiguous to the airport defined by an outer noise contour that is considered incompatible with that type of construction by 14 C.F.R. part 150, Appendix A or an equivalent noise level as established by other types of noise studies. (d) Where an airport authority or other governing body operating a publicly owned, public- use airport has not conducted a noise study, neither residential construction nor any educa- tional facility as defined in chapter 1013, with the exception of aviation school facilities, shall be permitted within an area contiguous to the airport measuring one-half the length of the longest runway on either side of and at the end of each runway centerline. (3) In the manner provided in subsection (1), airport zoning regulations shall be adopted which restrict new incompatible uses, activities, or construction within runway clear zones, including uses, activities, or construction in runway clear zones which are incompatible with normal airport operations or endanger public health, safety, and welfare by resulting in congregations of people, emissions of light or smoke, or attraction of birds. Such regulations shall prohibit the construction of an educational facility of a public or private school at either end of a runway of a publicly owned, public-use airport within an area which extends 5 miles in a direct line along the centerline of the runway, and which has a width measuring one-half the length of the runway. Exceptions approving construction of an educational facility within the delineated area shall only be granted when the political subdivision administering the zoning regulations makes specific findings detailing how the public policy reasons for allowing the construction outweigh health and safety concerns prohibiting such a location. 4 (4) The procedures outlined in subsections (1), (2), and (3)for the adoption of such regulations are supplemental to any existing procedures utilized by political subdivisions in the adoption of such regulations. (5) The Department of Transportation shall provide technical assistance to any political subdivision requesting assistance in the preparation of an airport zoning code.A copy of all local airport zoning codes, rules, and regulations, and amendments and proposed and granted variances thereto, shall be filed with the department. (6) Nothing in subsection(2)or subsection(3)shall be construed to require the removal, alteration, sound conditioning, or other change,or to interfere with the continued use or adjacent expansion of any educational structure or site in existence on July 1, 1993, or be construed to prohibit the construction of any new structure for which a site has been determined as provided in former s. 235.19, as of July 1, 1993." History.—s. 3, ch. 23079, 1945; s. 4, ch. 75-16; s. 4, ch. 88-356; s. 72, ch. 90-136; s. 8, ch. 92-152; s. 10, ch. 93-164; s. 1, ch. 94-201; s. 958, ch. 95-148; s. 971, ch. 2002-387. B. Location of Okeechobee County Airport in relation to City of Okeechobee The Runway Protection Zone (RPZ) extends outward for a distance of 1,200 feet from the end of Runway 32. Consequently no property within the City of Okeechobee falls within the RPZ and no special standards or limitations are needed. No "Part 150 Noise Study" has been conducted for the Okeechobee County Airport. Therefore,the aerial photograph on the following page identifies the location of the Okeechobee County Airport,the Okeechobee City limits and the 2,500 foot radius within which residential and school facilities are prohibited. This represents the radius based on one-half the length of the longest runway of the airport as set forth in Sec. 333.03(2)(d), above. For tall structures,the"Airport Notification Area" extends three statute miles out from the Airport Reference Point. Construction proposed within this distance must notify the FAA and file a notice of Proposed Construction or Alteration (Form 7460-1) if the proposed height of the structure exceeds 200 feet or if the height of the structure is greater than its distance from the end of the runway divided by 100. For example, if the structure is located 4,500 feet from the end of the runway,the developer must notify the FAA if the height of the building exceeds 45 feet. 5 Areas Subject to Sec. 333.03(2)(d) FS 1 0 0 I,* G A i . 1.t.•1 _ A . .. . /-N, „... .,.p . . ,p, , .X - '',, S., 111.466 ..i ...„........._ i ioszt... _ „it , . . 4, • .. ...., -.. ; ass. . ,, '7 4C Es lit . ,-. RECOMMENDATIONS: The City proposes to amend the Future Land Use Element to add a new Objective 13 and associated Policy 13.1 as set forth on the following page. 6 Evaluation and Appraisal-Based Amendment,2013 FLUE page 1-16 Objective 13: The City of Okeechobee recognizes that under certain conditions some uses of land are not compatible in proximity to public use airports and must be regulated to reduce or eliminate potential hazards to health or safety. Policy 13.1 The City of Okeechobee shall adopt airport zoning regulations that: aj prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. bj are consistent with the requirements of Sec. 333.03(1)(c)F.S. c) prohibit the location of any sanitary landfill that is; 1. within 10,000 feet from the nearest point of any runway used or planned to be used by turbojet or turboprop aircraft; 2. within 5,000 feet from the nearest point of any runway used only by piston-type aircraft; 3. outside the perimeters defined in subparagraphs 1. and 2., but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. fl require notification of the FAA when a structure located within three statute miles of the Airport Reference Point and will be higher than the distance from the end of the runway divided by 100 feet. s) prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with Federal Aviation Administration rules or regulations. City of Okeechobee Comprehensive Plan Future Land Use Element Amended:October 18,2011 7 Exhibit 2 INTERGOVERNMENTAL COORDINATION ELEMENT (ICE) DATA AND ANALYSIS: Review of the City's Comprehensive Plan during its Evaluation and Appraisal indicated that the Plan did not include a policy in the ICE that addressed the requirement under §163,3174(1) to include a representative of the school district appointed by the school board as a nonvoting member of the local planning agency(LPA)to attend those meetings at which the LPA considers comprehensive plan amendments and rezoning that increase residential density. This deficiency was noted in the City's Evaluation Notification Letter to the Department of Economic Opportunity on August 29, 2012. RECOMMENDATION: The City proposes to include a new Policy 5.5 and to renumber the subsequent existing policies as appropriate, all as set forth on the following pages: 8 a Evaluation and Appraisal-Based Amendment,2013 ICE 7-4 Policy 4.3: The City shall continue to coordinate its Comprehensive Plan with the Resource Management Plan to address drainage problems in the Lower Kissimmee River and Taylor Creek Drainage Basin regions. Objective 5: The City of Okeechobee shall cooperate in an effort with the School Board to ensure that the planning activities, services and facilities of the School Board are consistent with the City's Comprehensive Plan. Policy 5.1: The City of Okeechobee shall exchange data with the School Board regarding population projections and the School Board (5-year) facility plans as such data or plans are updated. Policy 5.2: The City of Okeechobee shall coordinate major residential project reviews (pursuant to Chapters 163 and 235, F lorida Statutes) to consider joint park/schools dedications to meet future demands. Policy 5.3: The City of Okeechobee and the School Board shall coordinate in their joint efforts to study and implement innovative methods, including park/school site dedications and contributions, as a means to address infrastructure needs associated with the City's growth. Policy 5.4: The City of Okeechobee shall notify the School Board of all new residential development projects or modifications to existing residential developments which increase density as a p art of the review process for school concurrency. Policy 5.5 The City of Okeechobee shall include a representative of the Okeechobee County School District, appointed by the School Board, as a nonvoting member of the Local Planning Agency (LPA) to attend those meetings at which the LPA considers amendments to the City's Comprehensive Plan and/or Zoning Map that would, if approved, increase residential density on the property that is the subject of the proposed amendment(s). Policy 33 5_6: The City of Okeechobee shall maintain a joint interlocal agreements with the School Board and the County for Public School Facility Planning which includes the provisions for the implementation of school concurrency and a coordination process for locating new schools, expanding or redeveloping existing school facilities. The School Board shall be encouraged to locate new educational facilities near urban residential areas where public infrastructure and services exist to support the new facilities. City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element Amended:October 18,2011 9 L � Evaluation and Appraisal-Based Amendment,2013 ICE 7-5 Policy 5_7: The City of Okeechobee shall advise and meet with the School Board as necessary, regarding all Plan amendments and proposed annexations that may affect school sites. Policy 577 5.8: The City of Okeechobee shall coordinate with the School Board regarding shared use of recreational facilities owned by either entity. In addition, the City shall consider all reasonable opportunities to collocate new parks, libraries, and other facilities with public schools. Policy&A The The City of Okeechobee, although not currently impacted, shall enter into any appropriate agreement with the State of Florida University System or the School Board implementing the requirements of Section 240.155 (11- 15), F.S., regarding campus master plans. A consistency review of the campus master plans for non-state post-secondary institutions shall also be considered where a"campus"exists or is planned. City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element Amended:October 18,2011 10