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1099 Comp Plan/FLU & ICEORDINANCE NO. 1099 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OF A REPRESENTATIVE OF THE OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY (LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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, said letter having been on September 1, 2012; and WHEREAS, Staff has prepared proposed amendments addressing items so identified in its Evaluation and Appraisal Letter; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed the proposed amendments; has discussed same at a duly advertised public hearing on June 20, 2013, and recommends the City Council transmit the proposed amendments to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the City Council; and WHEREAS, in order to effectively address these recommendations in an orderly manner with the intent of including all recommendations in a single ordinance, which will save the City and its citizens costs and time, this ordinance is a compilation of many amendments, which when adopted, will amend each of the cited code sections upon its effective date. NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. The City Council for the City of Okeechobee, Florida amends herein the Future Land Use Element of the Comprehensive Plan by adding Objective 13 and Policy 13.1, to read as follows: 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: a. prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. b. 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; Language to be added is underlined Ordinance No. 1099 Page 1 of 3 Language to be deleted is strsk-t1:1-Fe.ug# SECTION 2. Policy 5.5 SECTION 3. SECTION 4. SECTION 5. 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. d. 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. e. prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with Federal Aviation Administration rules or regulations. That the City Council for the City of Okeechobee, Florida amends herein the Intergovernmental Coordination Element of the Comprehensive Plan by adding Policy 5.5, to read as follows, and renumber existing Policy 5.5 through 5.8 to be 5.6 to 5.9: The City of Okeechobee shall include a representative of the Okeechobee County School District, appointed by the School Board, as a non - voting 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). Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the State Land Planning Agency posts a notice of intent determining that this amendment is in compliance. If timely challenged, or if the State Land Planning Agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the State Land Planning Agency. INTRODUCED for First Reading held at a duly advertised Transmittal Public Hearing on this 16th day of July, 2013. ATTEST: Lan Gamiot a, CMC, City Clerk ing R. Watford, Jf., Mayor Pro - Tempore Language to be added is underlined Ordinance No. 1099 Page 2 of 3 Language to be deleted is sough PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of November, 2013. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL S FFICIENCY: c299t z--- John R. Cook, City Attorney Dowling R. Watford, Jr., P6[aSor Pro - Tempore Language to be added is underlined Ordinance No. 1099 Page 3 of 3 Language to be deleted is stG14-through Rick Sco GOVERN Ar The Honorable James E. Kirk Mayor, City of Okeechobee City Hall 55 Southeast Third Avenue Okeechobee, Florida 34974 Dear Mayor Kirk: FLORIDA DEPARTMENT ,f ECONOMIC OPPORTUNITY December 16, 2013 Jesse Panuccio EXECUTIVE DIRECTOR The Department of Economic Opportunity has completed its review of the comprehensive plan amendment for the City of Okeechobee adopted by Ordinance Number 1099 on November 19, 2013 (Amendment No. 13 -2ER), which was received and determined complete on December 3, 2013. We have reviewed the amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4) Florida Statutes (F.S.) and have determined that the adopted amendment meets the requirements of Chapter 163, Part II, F.S., for compliance, as defined in Section 163.3184(1)(b), F.S. The Department of Economic Opportunity is therefore issuing a Notice of Intent to find the comprehensive plan amendment "In Compliance." A copy of the Notice of Intent has been posted on the Department of Economic Opportunity's Internet website. You may access the Notice of Intent at http: / /dca.deo. myflorida .com /finddocumentsonline/ . The Department of Economic Opportunity's Notice of Intent to find a plan amendment "In Compliance" shall be deemed to be a final order if no timely petition challenging the amendment has been filed. If this plan amendment is challenged by an affected person, the amendment will not become effective until the Department of Economic Opportunity or the Administration Commission enters a final order determining the amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. i l,uul.i [)ch.nrhncni r.. I.r ut ;nu t )I,I,.rnir:tt ■ 1 .cll Rntliltn_ It) I \I;tdt,, n Str,ct 1 ll:iILi c . 1'1. 1"_'309 506 1 1 `,. 17 Yii1 - ,. , ii)')'i 3221 1'.n \\\\\V.11 ∎rt,.i.t)"1,,. , NV\\ rtttct r■tu 1'1 I )I t \i•,\.tJccb() ■It c„m The Honorable James E. Kirk December 16, 2013 Page 2 of 2 If you have any questions related to this review, please contact Scott Rogers, Planning Analyst, at (850) 717 -8510, or by email at scott.rogers@deo.myflorida.com. Sincerely, / fLO Mike McDaniel Comprehensive Planning Manager MM /sr Enclosure: Notice of Intent cc: Brian Whitehall, City Administrator William Brissom, AICP, Senior Planner, LaRue Planning & Management Services, Inc. Patricia M. Steed, Executive Director, Central Florida Regional Planning Council SPATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE STATE LAND PLANNING AGENCY NOTICE OF INTENT TO FIND THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 13- 2ER -N0I- 4702- (A) -(I) The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for the City of Okeechobee, adopted by Ordinance No. 1099 on November 19, 2013, IN COMPLIANCE, pursuant to Section 163.3184(4), F.S. If a timely petition challenging the Amendments was not filed within thirty (30) days after the local government adopted the Amendments, the Amendments become effective upon the posting of this Notice of Intent on the Department's Internet Website. If a timely petition was filed, the Amendments do not become effective until the Department or the Administration Commission enters a final order determining that the Amendments are in compliance. Mike McDaniel, Chief Bureau of Community Planning Division of Community Development Department of Economic Opportunity 107 East Madison Street Tallahassee, Florida 32399 Rick Scott GOVERNOR D FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY December 3, 2013 Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Servcies, Inc. 1375 Jackson Street, Suite 206 Ft. Myers, Florida 33901 Dear Mr. Brisson: Jesse Panuccio EXECUTIVE DIRECTOR Thank you for submitting copies of the City of Okeechobee's comprehensive plan amendment No. 13 -2ER adopted by Ordinance No. 1099 on November 19, 2013, for our review. We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials. The submission package appears to be complete and your adopted plan amendment will be reviewed pursuant to Chapter 163.3184(4), Florida. Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. The Department will conduct a compliance review and issue a Notice of Intent regarding the adopted comprehensive plan amendment on or about January 16, 2014. Please be advised pursuant to Section 163.3184(4)(e)4., Florida Statutes, the State Land Planning Agency's Notice of Intent shall become effective upon posting on the Department's internet websitc unless challenged by an Affected Party. If you have any questions, please contact Brenda Winningham, Regional Planning Administrator for region 7, who will be assigning the adopted plan amendment for review at (850) 717 -8516. D. Ray Eubanks, Administrator Plan Review and Processing DRE /ts cc: Patricia M. Steed, AICP, Executive Director, Central Florida RPC James G. LaRue, AICP, Planning Consultant, LaRue Planning & Management Services, Inc. Florida Department of 1?connmic Opportunity Caldwell Building 10' 1?. Madison Street 1 Ilahassee, IT 32399 866.1:1,1.2345 850.245.1105 850.921.3223 Fa. wv3w.floritlajobs.urp wwv .twitter.unxr/1:1,D FA ww» .faccbook.crrrn /17,1)1 ?O 6 ears Nt_dS -o Lane Gamiotea LAI Sae lsf P#1 From: Gloria Pellito <gloria @larueplanning.com> _ cQ Sent: Tuesday, November 26, 2013 11:40 AM o� To: 'Eubanks, Ray' Cc: Department of Education; Department of Environmental Protection; DOT District 1; Central Florida Regional Planning Council; South Florida Water Management District; Okeechobee County Planning Department; 'Lane'; rbrock @cityofokeechobee.com; 'Brian Whitehall'; 'Bill Brisson' Subject: City of Okeechobee - Adopted Evaluation & Appraisal - based Comprehensive Plan Amendment Attachments: EA -based Amendment Adopted 11- 19- 2013.pdf Mr. Eubanks, Attached is the City of Okeechobee Adopted Evaluation & Appraisal - based Comprehensive Plan Amendment No. 13 -2ER. We are sending 1 original printed document and 2 CDs for delivery to your office via FedEx. All other agencies are copied in this email. Should you have any questions, or difficulties accessing this file please do not hesitate to contact me. Thank you, Gloria Pellito x74 Nanning \Iauagrmrnf Srnlcrs. Inc, Srrtrn$ Fi ,id,t 1.>4'nd 0wry,r7r+:rs Sger, ;OM Glory L. PeP to Offic. Martap.r Jet t Sawl a:06 1719$ ort Aryr+fL1390{ {Era rrnY.r 1 City of Okeechobee Adopted Evaluation & Appraisal -based Comprehensive Plan Amendment Package for Coordinated State Review Adoption Public Hearing: November 19, 2013 Prepared by: t? I ' Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 - 334 -3366 Serving Florida Local Governments Since 1988 City of Okeechobee Comprehensive Plan Amendment Package Table of Contents Adoption Submittal Letter Adopted Ordinance No. 1099 Adopted Text Amendments Updated Comprehensive Plan Elements Future Land Use Intergovernmental Coordination Summary of City Council Action ,► �, Planning & Management Services, Inc. November 26, 2013 Mr. Ray Eubanks, Plan Processing Administrator Division of Community Planning and Development Department of Economic Opportunity 107 East Madison Street Caldwell Bldg., MSC 160 Tallahassee, Florida 32399 Re: City of Okeechobee Adopted Evaluation & Appraisal -based Comprehensive Plan Amendment No. 13 -2ER Dear Mr. Eubanks: Pursuant to the State Coordinated Review process guidelines, enclosed are three (3) copies (one printed copy and two compact discs) of the City of Okeechobee Evaluation & Appraisal -based Comprehensive Plan Amendment. The following information concerning the adopted amendment is offered: • The City Council held its adoption public hearing on November 19, 2013 and adopted Ordinance No. 1099 approving the amendment as submitted herein. • In summary, the Amendment package contains amendments to: 1. Add 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. Add 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 Plan Amendment is adopted as proposed and does not include any changes or revisions not previously reviewed by the State Land Planning Agency (SLPA). • Timely comments received from the SLPA and other reviewing agencies required no changes to the Amendment as originally transmitted and reviewed by the SLPA. • The City is relying on data and analysis previously submitted with the transmittal, therefore, no data and analysis is included. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239 - 334 -3366 www.Iarueplanning.com Serving Florida Local Governments Since 1988 • The adopted Comprehensive Plan Amendment package and this transmittal letter have been submitted to the Okeechobee County Planning Department, Central Florida Regional Planning Council and the following agencies that have filed timely comments: Florida Department of Education Florida Department of Environmental Protection Florida Department of Transportation- District One South Florida Water Management District The contact person for the City of Okeechobee is: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc 1375 Jackson Street, Suite 206, Ft. Myers, Fl 33901 239 - 334 -3366 bill@larueplanning.com Should you have any questions or require additional information, please do not hesitate to contact me at 239 - 334 -3366. Sincerely, James G. LaRue, AICP Planning Consultant 2 ORDINANCE NO. 1099 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OF A REPRESENTATIVE OF THE OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY (LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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, said letter having been on September 1, 2012; and WHEREAS, Staff has prepared proposed amendments addressing items so identified in its Evaluation and Appraisal Letter; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed the proposed amendments; has discussed same at a duly advertised public hearing on June 20, 2013, and recommends the City Council transmit the proposed amendments to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the City Council; and WHEREAS, in order to effectively address these recommendations in an orderly manner with the intent of including all recommendations in a single ordinance, which will save the City and its citizens costs and time, this ordinance is a compilation of many amendments, which when adopted, will amend each of the cited code sections upon its effective date. NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officerfor the City, that: SECTION 1,. The City Council for the City of Okeechobee, Florida amends herein the Future Land Use Element of the Comprehensive Plan by adding Objective 13 and Policy 13.1, to read as follows: 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: a. prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. b. 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; Language to be added is underlined Ordinance No. 1099 Page 1 of 3 Language to be deleted is stfueli-thf-eugb 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. d. 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. e. prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with Federal Aviation Administration rules or regulations. SECTION Z. That the City Council for the City of Okeechobee, Florida amends herein the Intergovernmental Coordination Element of the Comprehensive Plan by adding Policy 5.5, to read as follows, and renumber existing Policy 5.5 through 5.8 to be 5.6 to 5.9: Policy 5.5 The City of Okeechobee shall include a representative of the Okeechobee County School District, appointed by the School Board, as a non - voting 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). SECTION 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. Effective Date. The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the State Land Planning Agency posts a notice of intent determining that this amendment is in compliance. If timely challenged, or if the State Land Planning Agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the State Land Planning Agency. INTRODUCED for First Reading held at a duly advertised Transmittal Public Hearing on this 16' day of July, 2013. ATTEST: / f/(1 VW' �. ovfing R. Watford, Jf., Mayor Pro - Tempore Lan - 'Gamiot=a, CMC, City Clerk Language to be added is underlined Ordinance No. 1099 Page 2 of 3 Language to be deleted is PASSED AND ADOPTED after Second and Final Public Hearing this 19th day of November, 2013. ATTEST: DowlinC`R. Watford, Jr., or Pro - Tempore 4Gae_e_ L miotea, CMC, City Clerk REVIEWED FOR LEGAL S FFICIENCY: John R. Cook, City Attorney Language to be added is underlined Ordinance No. 1099 Page 3 of 3 Language to be deleted is sifusk- through Adopted Changes to Future Land Use and Intergovernmental Coordination Elements Objective 13: Evaluation and Appraisal -Based Amendment, 2013 FLUE page 1 -16 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: Al prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. are consistent with the requirements of Sec. 333.03(1)(c) F.S. RI 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. dl 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. el 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: November 19, 2013, Ord. 1099 Policy 4.3: Objective 5: Policy 5.1: Policy 5.2: Policy 5.3: Policy 5.4: Policy 5.5 Policy 5.5 5_6: Evaluation and Appraisal -Based Amendment, 2013 ICE 7 -4 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. 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. 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. The City of Okeechobee shall coordinate major residential project reviews (pursuant to Chapters 163 and 235, Florida Statutes) to consider joint park/schools dedications to meet future demands. 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. 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 part of the review process for school concurrency. 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). 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: November 19, 2013, Ord. 1099 Policy 5,6 5_7: Policy 5,7 5_8: Policy 5.8 5_9: Evaluation and Appraisal -Based Amendment, 2013 ICE 7 -5 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. 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. 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: November 19, 2013, Ord. 1099 For your convenience the following are the updated Elements Future Land Use Intergovernmental Coordination Goal: Objective 1: Policy 1.1: Policy 1.2: Policy 1.3: Policy 1.4: Future Land Use Element Goals, Objectives and Policies Through a well - planned mix of compatible land uses, the City of Okeechobee shall continue 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. The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Approval of development proposals shall continue to be conditioned on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. These adopted level of service standards shall be as follows: Public Facility LOS Standard Potable Water Supply Wastewater Disposal Solid Waste Disposal Stormwater Drainage Recreation and Open Space Roads and Traffic Circulation 114 gallons /capita /day 130 gallons /capita/day 13 lbs. /capita /day 3 years available landfill capacity Design storm: 25 year /24 hour duration 3 acres /1,000 persons Principal Arterial: LOS C All Other Roads: LOS D The City of Okeechobee shall continue to ensure that needed public facilities will be in place prior to or concurrent with new development through implementation of the Concurrency Management System. Where minimum levels of service for parks, roads, and solid waste disposal are met, new residential development and commercial developments receiving approval from the Florida Department of Health may make temporary use of private wells and septic tanks subject to the requirement that it will connect to public potable water and sanitary sewer service once such service becomes available. The land development regulations applicable in the City of Okeechobee will be amended to implement appropriate best management practices described in A Guide to Sound Land & Water Management (published by the Florida City of Okeechobee Comprehensive Plan Future Land Use Element 1 -1 Objective 2: Policy 2.1: Department of Environmental Protection) or limit development densities and intensities in areas where soil types or topography are not conducive to development. Permitted densities and intensities in environmentally sensitive areas shall be as established under Objective 2 and the Future Land Use Map. The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. The following land use designations are established for the purpose of managing future growth: a) Single - Family Residential. Permitted uses are one single - family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. b) Multi - family Residential. Permitted uses include apartments, duplexes, condominiums, single- family houses and public facilities. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi - family development shall be 11 units per acre. c) Mixed Use Residential. Intended to accommodate and provide flexibility for development of multiple uses within a residential setting. In order for land to be considered for this designation, land requested to be placed in this category shall be a minimum of 30 acres. Development within this category would be allowed to be no more than seven and one -half (7.5) dwelling units per gross acre. Land developed within this Residential Mixed Use Category must adhere to the following innovative design and planning principles. 1. All new development within the Residential Mixed Use Category shall be required to be zoned as a Planned Development or Planned Unit Development. 2. Development within this Residential Mixed Use Category will be required to cluster in order to maximize open space and natural areas. Development within the Residential Mixed Use Category is permitted to be clustered at higher than gross density as long as the gross density is not exceeded for the total acreage within the Residential Mixed Use Category. 3. Development within the Residential Mixed Use Category is encouraged to provide a mix of uses, including a mix of City of Okeechobee Comprehensive Plan Future Land Use Element 1 -2 residential types, recreational amenities, civic spaces and convenience and commercial uses intended to serve residents and their guests in order to minimize trips outside the Residential Mixed Use Category. 4. Development is encouraged to provide creative site designs, and clustering is required to provide for greater common open space and mixed -use development. The planning flexibility provided through the planned development process shall encourage and facilitate creative design techniques. a. Residential Development. These areas shall include single and /or multiple family home site acreage, and shall include, but not be limited to, single - family attached and detached; duplexes and two - family units; and town homes and other multi- family dwelling types. b. Non - residential Development. These areas will include vehicular and pedestrian ways, commercial and institutional areas, club houses and associated facilities, utility buildings, maintenance areas, tennis courts and associated non - residential uses. c. Residential and Non - residential Development acreage may account for no more than 60% of the gross area within the Residential Mixed Use Category. Intensity /density standards for all uses within this category are set forth in the Intensity /Density Table below: Percent Aggregate Land Use Mix Within the Mixed Use Future Land Use Map Category Land Uses in Mixed Use Minimum % Land Use Mix Maximum % Land Use Mix Maximum Density /Intensit Residential 45% 50% 7.5 gross du /ac Commercial/Non- residential 10% 15% .35 FAR (1) Open Space 40% 53% .25 FAR (') � �) Floor Area Ratio d. Open Spaces. These areas will include preserved natural areas, buffers lakes, parks, golf courses, nature trails, retention areas, conservation areas, scenic resources, green belts, wetlands and associated areas and must account for a minimum of 40% of the property within the Residential Mixed Use Category. Golf course fairways will account for no more than City of Okeechobee Comprehensive Plan Future Land Use Element 1 -3 fifty percent (50 %) of the open space of the subject Residential Mixed Use Category. No development (residential /commercial) structures are intended, but only recreation oriented buildings and /or structures. e. The owners will employ management strategies in and around any golf course to address the potential for pesticide /chemical pollution of the groundwater and surface water receiving areas. The management practices will include: i. The use of slow release fertilizers and /or carefully managed fertilizer applications which are timed to ensure maximum root uptake and minimal surface water runoff or leaching to the groundwater; ii. The practice of integrated pest management when seeking to control various pests, such as weeds, insects, and nematodes. The application of pesticides will involve only the purposeful and minimal application of pesticides, aimed only at identified targeted species. The regular widespread application of broad spectrum pesticides is not acceptable. The management program will minimize, to the extent possible, the use of pesticides, and will include the use of the United States Department of Agriculture Soil Conservation Services Soil Pesticide Interaction Guide to select pesticides that have a minimum potential for leaching or Toss to due runoff depending on the site - specific soil conditions; iii. The coordination of the application of pesticides with the irrigation practices (the timing and application rates of irrigation water) to reduce runoff and the leaching of any pesticides and nutrients; iv. The utilization of a golf course manager who is licensed by the State to use restricted pesticides and who will perform the required management functions. The golf course manager will be responsible for ensuring that the golf course fertilizers are selected and applied to minimize fertilizer runoff into the surface water and the leaching of those same fertilizers into the groundwater; and City of Okeechobee Comprehensive Plan Future Land Use Element 1 -4 v. The storage, mixing and loading of fertilizer and pesticides will be designed to prevent /minimize the pollution of the natural environment. f. The shorelines of any stormwater management lakes must be sinuous in configuration, and must be sloped or bermed. The littoral zones around the ponds must be planted with native wetland herbaceous plants, and trees or shrubs can be included within the herbaceous plants. At least four species must be planted. The minimum required number of plants will be one plant per linear foot of lake shoreline as measured at the control elevation water level. The littoral shelf should provide a feeding area for water dependent avian species. 5. As individual zonings to PUD are submitted to the City, they shall include as a minimum the following information: a. A showing of the amount of units as a part of the maximum approved for the parent parcel. b. A Traffic Analysis submitted verifying that adequate capacity currently exists or will exist prior to the issuance of any Certificates of Occupancy. 6. Any lands included or amended into the Residential Mixed Use Category must demonstrate the non - existence of urban sprawl by: a. Submitting a fiscal impact study demonstrating a net fiscal benefit to the City. b. Directing new growth to areas where public facilities exist, are planned within the City or County Five Year Capital Improvements Plan, or are committed to through a Developer Agreement, or otherwise assured to be funded by the appropriate agency. c. Requiring all development to be connected to central water and sewer. d) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ration of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. e) Industrial. Permitted uses include large -scale manufacturing or processing activities. Also permitted are public facilities. Industrial City of Okeechobee Comprehensive Plan Future Land Use Element 1 -5 Policy 2.2: Policy 2.3: Policy 2.4: Policy 2.5: Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. 0 Public Facility. Permitted uses include parks, schools, government buildings, fire stations and other recreational and non - recreational public properties. The maximum impervious surface for development within this category shall not exceed 85% of the site. In accordance with property rights policies adopted by the Central Florida Regional Planning Council in the Central Florida Regional Policy Plan, the City of Okeechobee recognizes and shall continue to protect private property rights. In implementing the Comprehensive Plan, the City shall continue to ensure that its land development regulations protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Planning for land use and public facilities in the City shall consider private property rights, and ensure citizen input into government land use decisions affecting property rights. The City shall continue to require that all development proposals be accompanied by an inventory of wetlands, soils posing severe limitation to construction, unique habitat, endangered species of wildlife and plants, and areas prone to periodic flooding. The City shall further require that the extent to which any development or redevelopment is proposed to be placed in /on, to disturb, or to alter the natural functions of any of these resources, be identified. Such identification shall occur at a phase in the development review process that provides the opportunity for the City to review the proposed project to ensure that direct and irreversible impacts on the identified resources are minimized, or in the extreme, mitigated. Where development is determined to encroach upon a resource, the City shall require a specific management plan to be prepared by the developer, which results in no net loss of wetlands and which includes necessary modifications to the proposed development, specific setback and buffers, and clustering of development away from site resources, to ensure the protection, preservation or natural functions of the resource. The minimum buffer for wetlands shall be 25 feet and the average of all setbacks from the wetland resource shall be 40 feet. Areas designated as buffers shall preserve all natural vegetative cover, except where drainage ways and access paths are approved to cross the buffer. Buffers may be supplemented only with native tress, shrubs and ground covers. The City, through revision of appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. The City shall amend its Future Land Use Map, as necessary, to address inconsistent land use areas. City of Okeechobee Comprehensive Plan Future Land Use Element 1 -6 Policy 2.6: Objective 3: Development in conjunction with Comprehensive Plan Amendment #06- C1 -001 shall be limited to a maximum of 200,000 square feet of commercial development. This amendment is more specifically described as: Parcel 1: The West '/2 of the Southwest 1/4 of the Southeast 1/4 of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, lying North of the North right -of -way line of State Road No. 70; Except the North 50 feet of the West '/2 of the West '/2 of the Southwest 1/4 of the Southeast 1/4 for road purposes; also except the following described property conveyed to the State of Florida: A parcel of land in the West'' /2 of the Southwest 1/4 of the Southeast 1/4 of Section 15, Township 37 South, Range 35 East, being more particularly described as follows: Commence at the South 1/4 corner of said Section 15; thence run Northerly on the 1/4 section line a distance of 36.95 feet to the centerline of State Road 70; thence North 80 °54'49" East, on said centerline a distance of 347.10 feet; thence Northerly at 90° to said centerline a distance of 40 feet to the Point of Beginning; thence continue Northerly a distance of 17 feet; thence Easterly at 90° a distance of 20 feet; thence Southerly at 90 degrees a distance of 17 feet; thence Westerly at 90° a distance of 20 feet to the point of beginning. Parcel 2: Beginning at the Southwest corner of the East '/2 of the Southwest 1/4 of the Southeast 1/4 of Section 15, Township 37 South, Range 35 East and run North along the West boundary a distance of 594 feet; then run East a distance of 186.3 feet; then run South a distance of 594 feet to the South boundary of Section 15; then run West a distance of 186.3 feet to the Point of Beginning. Less and except the right -of -way for State Road 70. OR Book 525 Page 1999, Public Records of Okeechobee County, Florida and is approximately 21.14 acre(s). The City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations which are not consistent with the Future Land Use Element. Policy 3.1: The City shall, by 2001, identify all existing land uses inconsistent with the Future Land Use Element. Policy 3.2: The City of Okeechobee shall amend its land development regulations, by 2002, to prevent expansion of existing land uses which are inconsistent with the Future Land Use Element. These regulations shall be enforced to ensure that when such land uses are discontinued, they shall not be reestablished. City of Okeechobee Comprehensive Plan Future Land Use Element 1 -7 Policy 3.3: The City of Okeechobee shall continue to coordinate with Okeechobee County in amending the City- County zoning maps to ensure that, all property in the City is zoned in accordance with the Future Land Use Element. Objective 4: The City shall continue to ensure the availability of suitable land for public facilities to support proposed development. Policy 4.1: Future land use shall continue to include appropriate public facilities to support proposed development. Policy 4.2: The City shall continue to amend and enforce the land development regulations as necessary to ensure that adequate land and /or facilities are available, at the minimum required level of service standards, to meet the needs of new development, including but not limited to the following: Policy 4.3: a) drainage b) stormwater management c) parking d) open space e) road right -of -way f) sewer /water plant sites g) schools Where new facilities providing a utility service are needed to support a proposed development, such facilities shall be approved prior to or simultaneously with approval of the development. Objective 5: At a minimum, the threshold acreage for new schools shall be as follows: a) Elementary Schools: A minimum of four (4) acres for the first two hundred (200) students, plus one (1) acre for each additional one hundred (100) students. b) Middle Schools /Junior High Schools: A minimum of six (6) acres for the first three hundred (300) students, plus one (1) acre for each additional one hundred (100) students. c) Senior High Schools: A minimum -of seven (7) acres for the first three hundred (300) students. plus one (1) acre for each additional fifty (50) students up to one thousand (1,000) students, plus one (1) acre for each additional one hundred (100) students thereafter. City of Okeechobee Comprehensive Plan Future Land Use Element 1 -8 Policy 5.1: Policy 5.2: Policy 5.3: Policy 5.4: d) Area Vocational /Technical School: A minimum of twenty (20) acres for the first five hundred (500) students, plus one (1) acre for each additional fifty (50) students up to one thousand (1,000) students. e) Community College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain a minimum of forty (40) acres for the first five hundred (500) students, plus two (2) acres for each additional one hundred (100) students. Special - purpose center site acreage shall be appropriate to contain the functions identified in the program. Upon issuance of a development order for a new school, the necessary public facilities such as, but not limited to sanitary sewer, solid waste, potable water, drainage, and roads are to be in place to serve the proposed use. Furthermore, the School Board shall obtain a written agreement from the service provider assuring adequate capacity is available. Public facilities should be in close proximity, and operating at the adopted level of service, before a development order can be issued for a new school. Access to the site must be from a collector road (minor Collector or local road for elementary schools) and avoid the need for slow down zones. Ingress and egress should not create detrimental impacts on roads adjacent to the site and the site must provide for adequate on -site parking and circulation of user vehicles. Policy 5.5: Approaches to the site should be safe for pedestrians, bicycles, cars and buses. Policy 5.6: The City of Okeechobee shall advise the School Board of all Plan amendments that may affect the location of new schools and proposed improvements. Objective 6: The City shall identify suitable locations for the siting of future schools. Policy 6.1: Policy 6.2: Proposed school sites should be located away from industrial uses, major arterial roadways, railroads, airports, and similar land uses to avoid noise, odors, dust, and traffic impacts and hazards. Disrupting influences caused by school yard noises and traffic shall be buffered to ensure sufficient distances from hospitals, adult communities, and nursing homes. Policy 6.3: New schools shall be located within urban growth areas or be compatible with compact urban growth patterns. City of Okeechobee Comprehensive Plan Future Land Use Element 1 -9 Policy 6.4: School sites shall be located outside flood plains, flood prone areas, or floodways. New school sites should, whenever possible, avoid wetlands, and other environmentally sensitive areas, and will not interfere with historic or archaeological resources. Policy 6.5: The City of Okeechobee shall facilitate the adequate and efficient provision of public schools through: a) Allowing new public elementary, middle, and high schools by right in the Single Family Residential, Multi - Family Residential, and Public Land Use categories, and by Special Exception in the Commercial Future Land Use category subject to locational criteria in the Comprehensive Plan and development standards in the Land Development Regulations, b) Not permitting new public schools for any site prohibited for a public school in Chapter 235, F.S., and Rule 6A -2, F.A.C. c) Addressing public school facilities pursuant to the provisions of Sections 163.3161(3), 163.3164(24) and 163.3177(10) (h), Florida Statutes. d) Initiating a coordination process with the School Board in its efforts on school planning, site selection and construction; and pursuant to Chapter 235, Florida Statutes. e) Maintaining for public review, a listing of capacity - deficient public schools and the School Board's Educational Plan Survey and Capital Improvement Program when such information is provided to the City. Objective 7: The City of Okeechobee shall continue to protect significant natural and historic resources. Policy 7.1 The City shall continue to amend and enforce land development regulations consistent with the Florida Department of Environmental Protection's (FDEP) best management practices referenced in Policy 1.4, which will minimize the flow into Taylor Creek of organic nutrients, pesticides, sediment, and other substances having the potential to degrade water quality. Policy 7.2: Policy 7.3: The City shall continue to protect environmentally sensitive areas from development of a type and intensity which would disrupt their natural functions. The City shall continue to establish development standards to be applied to any wellfield protection zones which the City may designate to protect any future public potable water wellfields from contamination, and implement City of Okeechobee Comprehensive Plan Future Land Use Element 1 -10 Policy 7.4: Policy 7.5a: them through land development regulations. These standards will, at a minimum: a) regulate the use, handling, production and storage of regulated substances; b) prohibit new underground fuel and other hazardous chemicals within these areas; c) require existing facilities to demonstrate that adequate technology is being employed on -site to isolate the facility from the water supply; and d) require that future wellfield protection zones which are relatively undeveloped will be planned for low density and intensity land uses. The South Florida Water Management District has established limits and boundaries of public potable water wellfields, cones of influence, and groundwater aquifer recharge areas. Any land use proposed for development within one -half mile of any well designated as a potable water well is to be reviewed as a Special Exception in order to determine impact on groundwater resources from the proposed use and specific development. Such review shall address, but is not limited to, restrictions on land uses which involve pollutants and /or restrictions on handling and storage of hazardous /toxic materials in order to minimize the opportunity for contamination. The City of Okeechobee shall continue to monitor and implement programs to protect groundwater quality and eliminate potential sources of contamination. This shall be made measurable by implementing and enforcing the following policies: The City's land development regulations shall designate a protection area of 1,000 feet in radius from each public potable water well as the wellfield protection zone. The first 300 foot radius closest to the well shall be a zone of exclusion, where no development activities shall be permitted except that relate with water supply provision. Within the remainder of the zone of protection, land uses shall be regulated to prohibit the following: a) Landfills; b) Activities that require the storage, use or transportation of restricted substances the Resource Conservation and Recovery Act's or the Environmental Protection Agency's hazardous wastes lists (including, but not limited to, landfills, gasoline stationed, petroleum storage, and pesticide storage and handling; c) Feedlots or other commercial animal facilities; City of Okeechobee Comprehensive Plan Future Land Use Element 1 -11 d) Wastewater treatment plants and their ancillary facilities; e) Mines; and, f) Excavation of borrow pits, waterways or drainage facilities which intersect the water table. Policy 7.5b: The City shall amend its Wellhead Protection Program in the Unified Land Development Code which, at a minimum, shall establish the following: Policy 7.5c: a) The zone of contribution for all public potable water supply wells delineated on the United States Geological Survey (USGS) topographic quad sheets; b) Regulations which prohibit potentially high risk land uses from the established zones of influence such as, but not limited to, manufacturing and storage of hazardous waste and industrial land uses; c) Monitoring programs and procedures to mitigate adverse impacts, if detected, for existing high risk land uses; d) Land use and development regulations, including open space and impervious surface requirements, which protect the function of natural drainage features and natural groundwater aquifer recharge areas; and e) The location of drainage wells, delineated on USGS topographic quad sheets, maintained by the OUA that could have adverse impacts on groundwater. The City shall work with the SFWMD, OUA and COE to ensure that adequate water is available to meet projected agriculture and population needs. Policy 7.5d: The City shall work with the SFWMD and the OUA to identify new water sources in the City. Policy 7.5e: Adopt measures that efficiently use the existing water supply by: a) Increasing agricultural and urban water conservation; b) Eliminating inefficient water use practices; and, c) Working with the SFWMD and OUA to identify specific projects and cost - sharing partnerships with other local governments. City of Okeechobee Comprehensive Plan Future Land Use Element 1 -12 Policy 7.6: Policy 7.7: Objective 8: Policy 8.1: Policy 8.2: Objective 9: The City shall amend its Future Land Use Map from Industrial to Public for lands used as wellfields. The City of Okeechobee shall, by 2002, complete a survey of all historically significant properties and, based on available resources, implement programs and procedures to preserve and protect them. This will include, but not be limited to, cooperation and coordination with recognized historic preservation organizations. Upon completion of the City's historic survey, the City shall: a) adopt a local historic preservation ordinance addressing all areas of historic significance; b) create an historic overlay district; c) amend the Future Land Use Map to reflect historically significant areas; and d) prepare a Historic District Map of all historic sites in the City. The City of Okeechobee shall continue to encourage the redevelopment and renewal of blighted areas. The City shall continue to identify and prioritize areas in need of redevelopment or renewal. The City shall, by 2002, formulate a program of specific activities to be conducted in renewal of blighted areas, including but not limited to the fol lowing: a) Establish criteria for identifying structures in need of repair, rehabilitation or, if there is no feasible alternative, demolition; b) Seek all available state and federal funds to support renewal activities; c) Identify any available alternative housing units for persons displaced by renewal activities; and d) Review zoning, building, housing, and other codes for weaknesses which allow the formation of blighted areas, and make necessary revisions. The City of Okeechobee shall continue to ensure that proposed land use activities in the Taylor Creek area are not inconsistent with the stated goal of the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins, prepared pursuant to Chapter 380, Florida Statutes. City of Okeechobee Comprehensive Plan Future Land Use Element 1 -13 Policy 9.1: Policy 9.2: Policy 9.3: The City of Okeechobee will review the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins, and coordinate its activities with those of other local governments addressed in the Resource Management Plan. The City shall adopt a protection ordinance for the Taylor Creek Drainage Basin area to eliminate inconsistent land use activities, while maintaining consistency with the Resource Management Plan. The City shall amend the Future Land Use Map to include a Conservation land use category for which to designate the Taylor Creek Drainage Basin and Lower Kissimmee River areas. Objectivel0: The City of Okeechobee shall continue to promote the various and innovative land development techniques. Policy 10.1: The City shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: Policy 10.2: a) make the most efficient possible use of existing facilities; b) recognize and preserve distinctive natural features of the development site; c) protect environmentally sensitive areas within the site; d) preserve open space; e) meet specific needs of the City, such as affordable housing; and f) promote a sense of pride and community for its residents. The City shall continue to amend and enforce its land development regulations to protect the public safety along its streets and highways by limiting size and placement of signs and visual obstructions, which can restrict visibility and pose a distraction to the motorists. Policy 10.3: The City shall continue to enforce land development regulations addressing the subdivision of land. Objective 11: The City of Okeechobee shall integrate the objectives of the Okeechobee Local Mitigation Strategy into its Comprehensive Plan. Policy 11.1: As is practicable, applicable provisions of the Local Mitigation Strategy shall be integrated into the City's land development regulations and review City of Okeechobee Comprehensive Plan Future Land Use Element 1 -14 Objective 12: Policy 12.1: procedures to prevent inconsistency between future uses and any hazard mitigation report recommendations. By the year 2002, the Unified Land Development Code shall be revised to specifically encourage redevelopment, infill development, compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl, as provided in the following policy: Criteria, standards, and related provisions established in the Land Development Code for reducing the impacts from any land uses that are not in conformance or are inconsistent with this Comprehensive Plan shall as a minimum: a) Regulate the subdivision and platting of land. b) Regulate the use, intensity and location of land development in a manner that is compatible with adjacent land uses and provides delineation in the Conservation Element. c) Protect Conservation Use lands designated on the Future Land Use Map and those delineated in the Conservation Element. d) Regulate areas subject to seasonal and periodic flooding by requiring adequate drainage and stormwater. e) Ensure safe and convenient on -site traffic flow and vehicle parking needs through the Site Plan review process and off - street parking regulations. f) Ensure that public facility, utility and service authorization has been procured prior to issuing any development order and that construction of said facilities, utilities, and services is concurrent with development. g) Provide that development orders and permits shall not be issued which result in a reduction of the level of services for affected public (community) facilities. The purpose of such regulations shall be to eliminate or reduce use inconsistent with the character of the surrounding area. Such criteria, standards, and related provisions shall not cause undue hardship, economic or otherwise, to the owners of such nonconforming uses. City of Okeechobee Comprehensive Plan Future Land Use Element 1 -15 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: a) prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. b) 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. d) 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. e) 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 1 -16 Map 1.1, Future Land Use City of Okeechobee Future Land Use ' I' /0 FIFFIFFIP4 rr COMPREHENSIVE PLAN LAND USE SINGLE - FAMILY MULTI - FAMILY _ COMMERCIAL INDUSTRIAL PUBLIC FACILITIES RESIDENTIAL MIXED USE mn ru MMMMUINI: IMP ON JULY 18.2013 CHANGES WERE MADE TO THE OFFICIAL FUTURE LAND USE MAP THROUGH ORDINANCE 1098 CITY OF OKEECHOBEE CITY CLERK'. LANE GAMIOTEA Prepared Dy. LaRue Planning & Management Services, Inc July. 2013 (Rev. 7- 19-2013) 0.4 0.2 0 0.4 Miles General NKea er s shown hereon are 15 a :C nee r. widen See amropnate sabdmston plat for speohc altar widths This map bas been compled from one most current data evadable The CM, or Oaeecncr esnel,esnmseie ore . esrom or nrnovons contained here, City of Okeechobee Comprehensive Plan Future Land Use Element 1 -17 Goal: Objective 1: Policy 1.1: Policy 1.2: Policy 1.3: Policy 1.4: Policy 1.5: Policy 1.6: Objective 2: Intergovernmental Coordination Element Goals, Objectives and Policies To achieve greater governmental efficiency and resolve conflicts by coordinating development activities between the City of Okeechobee and Okeechobee County, and relevant regional, state, and federal entities. The City of Okeechobee shall continue to coordinate its Comprehensive Plan with Okeechobee County, the Okeechobee County School Board, and other relevant state or local agencies through the sharing of information and by seeking intergovernmental agreements. The City of Okeechobee shall continue to ensure coordination of activities in its Comprehensive Plan with plans of the Okeechobee County School Board, Okeechobee County, and other state or regional entities through regular exchange of information. This information shall include, but not be limited to, building permits, zoning cases, planned land use amendments, engineering plans, demographics, proposed annexation areas, socio- economic information, and utility service areas and capacity. The City of Okeechobee shall, at the least, annually provide text and future land use map updates of its Comprehensive Plan to adjacent local governments. The City of Okeechobee shall continue to request information and assistance as is feasible from local governments and Okeechobee County, including the County Comprehensive Plan and any Plan updates. The City of Okeechobee shall continue to notify the Okeechobee County Manager in writing of all proposed annexations. The City Administrator, or his designee, will meet with the Okeechobee County Manager, or his designee, to resolve any potential annexation conflicts or issues. The City of Okeechobee shall maintain a database of interlocal agreements which provides a listing of active formal agreements. This data/ database shall be updated at least every five years for the evaluation and appraisal report on the Comprehensive Plan. The City of Okeechobee shall, where practical, formalize all intergovernmental agreements within one year of the adoption of these amendments. The City of Okeechobee shall maintain mechanisms to address development issues proposed in its Comprehensive Plan, affecting unincorporated Okeechobee County and other governmental jurisdictions. City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element 7 -1 Policy 2.1: Policy 2.2: Policy 2.3: Policy 2.4: Policy 2.5: Policy 2.6: The City of Okeechobee shall continue to utilize the informal mediation process established by the Central Florida Regional Planning Council (CFRPC) to attempt to resolve land use conflicts with adjacent local governments. The City of Okeechobee shall continue to request that each of the entities analyzed in this element designate a representative to act as liaison to the City for the purpose of providing relevant information to be used in the planning and development review process. On request, the City Administrator and Planning Director, as liaisons, shall continue to provide and exchange information pertaining to significant proposed development among the appropriate local and regional agencies. For proposed development in the City which may have extra jurisdictional impacts due to its size, character or location, the City shall establish procedures for the review of comprehensive plans and comprehensive plan amendments which shall include: 1. Identifying intergovernmental issues and conflicts; 2. Identifying the impacts of capital projects listed in the Capital Improvements Element of the City of Okeechobee Comprehensive Plan upon the provision of basic services; and 3. Determining the relationship of development proposed within the City of Okeechobee Comprehensive Plan to the development proposed in the Comprehensive Plan or Comprehensive Plan Amendments of Okeechobee County and /or adjacent municipalities. This shall include distributing a copy of relevant proposed plan amendments to adjacent local governments. The City of Okeechobee shall, at least annually, implement the procedures established in Policy 2.4. If any issues or negative impacts are identified, the City shall implement Policy 2.1. The City shall periodically review applications to Okeechobee County for zoning changes, major development orders, or proposed County Future Land Use Map Amendments falling within the City of Okeechobee Planning Area, to ensure consistency with the City of Okeechobee's Comprehensive Plan. Objective 3: The City of Okeechobee shall continue to coordinate with FDOT and the Okeechobee Utility Authority, where appropriate, any change in established level of service standards for public facilities including, at a minimum, all 10 -year updates of the Okeechobee County Comprehensive Plan, and 5 -year updates to the Okeechobee County Long -Range Transportation Plan. City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element 7 -2 Policy 3.1: Policy 3.2: Policy 3.3: Policy 3.4: Policy 3.5: Objective 4: Policy 4.1: Policy 4.2: The City of Okeechobee shall coordinate establishing and changing roadway level of service standards with FDOT and shall inform Okeechobee County and any other appropriate governmental entities within the Okeechobee Planning Area of proposed changes in any level of service standards. The City of Okeechobee shall, when notified by other governmental entities of changes in their level of service standards. review and comment on these changes. The City of Okeechobee in conjunction with the Okeechobee Utility Authority (OUA) will participate in the development of updates to SFWMD's Water Supply assessment and district Water Supply Plan and in other water supply development related initiatives facilitated by the SFWMD that affects the City. The City of Okeechobee will maintain a water supply facilities work plan that is coordinated with SFWMD's District Water Supply Plan and the Okeechobee Utility Authority (OUA) by updating its own work plan within 18 months of an update to SFWMD's District Water Supply Plan that affect the City. The City will monitor and participate in Okeechobee Utility Authority's (OUA) water supply planning process, including updates to water supply facility work plans and consumptive use permits, regarding the City's population and demand projections to ensure that Okeechobee Utility Authority (OUA) accounts for and meets the City's current and future water needs. The City shall continue to coordinate its Comprehensive Plan with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins. Coordination shall take place annually and as new development is proposed in areas where the two Plans overlap. Comprehensive Plans and Resource Management Plan coordination shall take place to the extent that coordination is consistent with the principle that local governments and landowners alone should not be forced to bear public burdens which, in all fairness and justice, should be borne by the public as a whole, and would not result in inverse condemnation. The City shall continue to coordinate with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins through the adoption of other objectives and policies contained in this element and the mutual exchange of information pertaining to development review so that the City may ensure that direct and irreversible impacts on environmental sensitive areas are minimized. City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element 7 -3 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, Florida 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: Policy 5.5 Policy 5.6: Policy 5.7: 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 part of the review process for school concurrency. 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). 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. 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. City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element 7 -4 Policy 5.8: Policy 5.9: Objective 6: Policy 6.1: 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. 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. The City of Okeechobee shall establish, maintain, and improve intergovernmental coordination for collaborative planning efforts including joint or extra - territorial services, changes to service or corporate limits, any joint committees for review of locally unwanted land uses, and regulatory concerns to ensure consistency with the Comprehensive Plan. The City shall encourage annexation of land where service delivery systems are available, where the formation of enclaves may be prevented, and where the land is adjacent to and consistent with the incorporated land's Comprehensive Plan. Policy 6.2: The City shall require infrastructure services to be available to proposed annexation areas at the adopted level of service consistent with the City's Comprehensive Plan. Policy 6.3: The City of Okeechobee shall coordinate with other jurisdictions, as appropriate, to establish a joint planning process and delineate the direction and extent of annexation for the planning period. Policy 6.4: Policy 6.5: Policy 6.6: The City of Okeechobee shall notify the appropriate enforcement agencies of any regulatory violations of which it becomes aware, and shall cooperate with those agencies in enforcing regulations. The City shall inform the County in a timely manner of proposed annexations. The City shall notify jurisdictions other than the County of proposed annexations when the affected area is within approximately one mile of the other jurisdictions' limits. The City shall draft a map of potential annexation areas, showing those areas first being considered for annexation, and the land uses envisioned to be assigned to these areas. The City shall distribute this map to the School Board, the County, and any other governmental entities to be impacted by these annexations. City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element 7 -5 Policy 6.7: Policy 6.8: Policy 6.9: Policy 6.10: The City shall continue to review interlocal agreements with the Okeechobee Utility Authority (OUA) for central potable water and sanitary sewer facilities and services in terms of extending that agreement for 10 -year periods, as needed. The City shall coordinate with neighboring municipalities, if applicable, to ensure that each one has a copy of a map delineating the utility service planning area for their community for the planning period. Each municipality shall, annually thereafter, discuss the potential need for reassessing utility service area lines, if relevant, and share any official service area map updates. Each municipality shall also provide any official utility service planning area map updates to the County in order to ensure coordination for County utility and land planning. The City shall coordinate with the County regarding the use of the Okeechobee County Landfill relative to recycling and reduction of total wastes by weight. The City shall issue no development orders or development permits for new construction without having first received certification by the Okeechobee Utility Authority (OUA), the City's potable water service provider, that adequate water supplies will be available to serve the development no later than the anticipated date of issuance by the City of a certificate of occupancy or its functional equivalent. The City will also ensure that adequate water supplies and facilities are available and in place prior to issuing a certificate of occupancy or its functional equivalent. This determination will require the demonstration by the Okeechobee Utility Authority (OUA) at the building permit stage that a consumptive use permit has been issued to OUA with sufficient allocation available to serve the new development, given all other existing commitments for that allocation within the entire OUA service area. Objective 7: The City shall, upon adoption of this objective, coordinate the Comprehensive Plan with the School Board Five -Year Facilities Plan. Policy 7.1: In accordance with Section 5 of the Interlocal Agreement for Public School Facility Planning, the following procedure shall be used to ensure intergovernmental coordination with the School Board for the location of educational facilities within the City: (a) At least sixty (60) days prior to acquiring or leasing property that may be used for a new public educational facility within the City, the School Board shall provide written notice to the City. (b) Upon receipt of a written notice from the School Board informing the City of the acquisition or leasing of property to be used for new public educational facilities, the City shall notify the School Board City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element 7 -6 Policy 7.2: Policy 7.3: Policy 7.4: Policy 7.5: within forty -five (45) days a preliminary consistency determination of the site with the Comprehensive Plan; and (c) In conjunction with the preliminary consistency determination, the School Board and the City will jointly determine the need for and timing of on -site and off -site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement as to the timing, location and the party or parties responsible for constructing, operating and maintaining the required improvements. In accordance Section 2 of the Interlocal Agreement for Public School Facility Planning, the City shall coordinate with the County and the School Board and base plans upon consistent projections for population growth and student enrollment. In order to coordinate the effective provision and siting of educational facilities with associated infrastructure and services within the City, representatives of the City, the County and the School Board shall meet annually to review the mechanisms and progress made toward educational facilities planning. The City of Okeechobee shall use the Central Florida Regional Planning Council's dispute resolution process when necessary to mediate the resolution of conflicts with other local governments and regional agencies. The City may use alternative procedures whenever appropriate for the matter of imminent dispute, including agreements authorized by Section 163.3177, F.S., or other non judicial approaches. The City of Okeechobee shall maintain, as a particular area of attention in its planning program, a systematic review of the aesthetics and physical conditions between its boundary and those between unincorporated areas and other cities in an effort to improve the appearance of these areas and the compatibility and transition between the adjoining communities. Joint planning area agreements will be implemented if appropriate. City of Okeechobee Comprehensive Plan Intergovernmental Coordination Element 7 -7 CITY OF OKEECHOBEE NOVEMBER 19, 2013 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE 1*W COUNCIL CHAMBERS OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor Pro - Tempore: November 19, 2013, Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Dr. Edward Weiss, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O'Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS - Mayor Pro - Tempore. A. Proclaim the week of November 22 - 28, 2013 as "Farm City Week." PAGE 1 OF 8 COUNCIL ACTION -DISCUSSION-VOTE In the absence of Mayor Kirk and there being no objections, Council Member Watford will serve as Mayor Pro - Tempore to chair the November 19, 2013, City Council Regular Meeting, and called the session to order at 6:00 p.m. The invocation was offered by the Very Reverend Edward Weiss, from the Church of Our Saviour; Boy Scout Troop 913, led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Absent Present Present Present (serving as Mayor Pro - Tempore) Present Present Present Present Present Present Present Present Mr. Jacob Larson, President of Okeechobee Farm Bureau, received the November 22 through 28, 2013, Farm City Week proclamation, which was read in its entirety by Mayor Pro -Tem Watford as follows: "WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe; and WHEREAS, rural and urban communities working together have built our nation's rich agricultural resources so that they contribute to the health and well being of our country and to the strength of our economy; and WHEREAS, during Farm City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers AGENDA VII. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2013 Warrant Register: General Fund $568,711.05 Public Facilities Improvement Fund $ 25,170.24 Capital Improvement Projects Fund $ 20,145.00 Community Development Block Grant -ED Fund $ 8,401.32 Law Enforcement Special Fund $ 2,533.50 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Pro - Tempore. A. 1. a) Motion to read by title only, proposed Ordinance No. 1099, Comp Plan EAR Amendments Future Land Use /Intergovernmental Coordination Element - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1099 by title only. NOVEMBER 19, 2013 - REGULAR MEETING • PAGE 3 OF 8 COUNCIL ACTION - DISCUSSION - VOTE Council Member Williams moved to approve the October 2013 Warrant Register in the amounts: General Fund, five hundred sixty -eight thousand, seven hundred eleven dollars and five cents ($568,711.05); Public Facilities Improvement Fund, twenty -five thousand, one hundred seventy dollars and twenty -four cents ($25,170.24); Capital Improvement Projects Fund, twenty thousand, one hundred forty -five dollars ($20,145.00); Community Development Block Grant - Economic Development Fund, eight thousand four hundred one dollars and thirty -two cents ($8,401.32); Law Enforcement Special Fund, two thousand, five hundred thirty -three dollars and fifty cents ($2,533.50); seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - ABSENT WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. MAYOR PRO -TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1099, Comp Plan EAR Amendments Future Land Use /Intergovernmental Coordination Element; seconded by Council Member Williams. VOTE KIRK - ABSENT WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1099 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FORA NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OF A REPRESENTATIVE OF THE OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY (LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY ;; AND PROVIDING FOR AN EFFECTIVE DATE." NOVEMBER 19, 2013 - REGULAR MEETING - PAGE 4 OF 8 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 1099. b) Public discussion and comments. c) Vote on motion. B. 1. a) Motion to read by title only, proposed Ordinance No. 1106, amending Ordinance No. 971, Section 3 Right of Reversion, Alley Closing Application No. 85, for Blocks 4, 12, 13, 20, and 21, City of Okeechobee - City Attorney (Exhibit 2). b) Vote on motion to read by title only. Council Member Williams moved to adopt proposed Ordinance No. 1099; seconded by Council Member O'Connor. This ordinance addresses current legislation requirements for compatibility of land uses located near or within certain distance of airport runways, and provides for the appointment of a representative from the School Board to sit as a non- voting member of the Local Planning Agency, when there are Comprehensive or Zoning amendments that would increase residential density. Mayor Pro -Tem Watford asked whether there were any questions or comments from the public. There were none. City Clerk Gamiotea provided a memorandum, in Exhibit One, explaining the ordinance needs to be amended, as there are changes to the effective date language, requested by the Department of Economic Opportunity. Exhibit One provided a copy of proposed Ordinance No. 1099, as approved at the first public hearing, as well as a revised copy that reflects the language change. Council Member Williams moved to amend proposed Ordinance No. 1099, reflecting the required language by the Department of Economic Opportunity, for Section 5. Effective Date; seconded by Council Member O'Connor. VOTE ON MOTION TO AMEND KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD -YEA WILLIAMS -YEA MOTION CARRIED As AMENDED. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1106, amending Ordinance No. 971, Section 3 Right of Reversion, Alley Closing Application No. 85, for Blocks 4, 12, 13, 20, and 21, City of Okeechobee; seconded by Council Member Williams. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 i11JDEPENDENT - _ NEWSPAPERS] OKEECHOttt i. NI 3' 4 J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 SW. 17th Street, Suite U, Okeechobee, FL 34974 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_. 1,(.,,( y,c' in the matter of ,ei7g oiYU!<.., in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of i di 6(1,3 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. Toni Byrd Sworn to and subscribed before me this z day of . gi ('��!`2'Y vt, 4-'1) : ii 'JAD Notary Public, State of Florida at Large AMR BRIDGES M4 COMAUSSION M EE 177663 EXPIRES: April 20, 2016 elect Thai Notary Public OW :write. (863) 763 -3134 PUBLIC HEARING NOTICE AMENDING THE CITY OF OKEECHOBEE, FL COMPREHENSIVE PLAN NOTICE: The City Council of the City of Okeechobee will conduct a Final Public Hearing on Tuesday, November 19, 2013, at 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input on the adoption of proposed Ordinance No. 1099, which contains identified Evaluation and Appraisal Report amendments to the Future Land Use Element and the lntergovernniental Coordination Element of the Comprehensive Plan 4s follows: •Add a new Objective and Policy addressing compatibility of land uses located near or within certain distances of airport runways as required by F.S. 333.03(1)(c). • Add a new Policy providing for the appointment of a representative from the Okeechobee County School Board to sit, under certain circumstances, as a nonvoting member of the Local Planning Agency. The public and all interested parties are encouraged to appear and be heard and may submit written or oral comments before or at the Hearing. The proposed amendments may be viewed on the City website or at the Office of the City Clerk, during normal business hours, at the address above. ANY PERSON DECIDING TO ;APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. Published by: Lane Gamiotea, CMC, City Clerk INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 oil 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 tunes a week Newspaper published at Okeechobee, in Okeechobee County, Florida, tbat.the attached copy of advertisement being a in the matter of t..,.___.. °�(a, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues ct f__- ....._._._..__.___ 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. Tom Byrd Sworn to and subscribed before me this day of , 14-4, Notary Public, State of Florida at Large NV"y� AD ANGIE BRIDGES 4 f�r :l% MY COMMISSION # EE 177653 ,A,; r • EXPIRES: April 20, 2016 Bonded Thnr Notary Public Underwriters (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, November 19, 2013 at 6:00 p.m. or as soon there- after possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL, conduct a PUB- LIC HEARING to consider final reading for adoption of the following Ordinance into law: No. 1099: AN ORDINANCE OF THE cTTY OF OKEE- CHOBEE, FLORIDA, AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE PLAN; LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELE- MENT WHICH PROVIDES FOR THE APPOINTMENT OF A REPRESEN- TATIVE OF THE OKEECHOBEE COUNTY SCHOOL BOARD TO SIT UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY (LPA)• PROVIDING FOR FINDINGS OF FACT' PROVIDING FOR SEVERABfLITY; AND PROVIDING FOR AN EFFECTIVE DATE. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record indudes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. By: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 456427 ON 11/8/2013 eND EPENDENT .4 Nom NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite 1), Okeechobee, F1.34974 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 'r ;d(,- ,- ..___ in the matter of J 'L r t± & t i- �S�t"�a. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of._�____. 7(2(1 -7 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 fen publication in the said newspaper. li Tom Byrd Sworn to and subscribed before me this day oFt , �_. x::1:3-_ AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # 01 177653 EXPIRES: April 20, 2016 Bo xied Thm Notary Public Undenwiter, (863) 763 -3134 PUBLIC HEARING NOTICE AMENDING THE CITY OF OKEECHOBEE, FL COMPREHENSIVE PLAN NOTICE: The City Council of the City of Okeechobee wtll conduct a Public Hearing on Tbesday, July 16, 2013 at 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input concerning identified Evaluation and Appraisal Report amendments to the Future Land Use Element and the Intergovernmental Coordination Element of the Comprehensive Plan as follows: -Add a new Objective and Policy addressing compatibility of land uses located near or within certain distances of airport runways as required by ES. 333.030)(c). -Add a new Policy providing for the appointment ofa representative from the Okeecho- bee County School Board to sit, under certain circumstances, as a nonvoting member of the Local Planning Agency The proposed text amendments will be forwarded in transmittal form to the Florida De- partment of Economic Opportunity. The public and all interested parties are encouraged to appear and be heard and may sub- mit written or oral comments before or at the Hearing. The proposed amendments may be viewed on the City website or at the Office of the City Clerk, during normal business hours, at the address above. 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 noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon which any appeal is to be based. In accordance with the Americans with Disabilities Act, persons requiring special accommodations to participate in this proceeding because ofa disability or physical impair- ment should contact the City Clerks Office at 863- 763- 3372ext 215 at least 48 hours prior to the meeting. Published By: Lane Gamiotea, CMC, City Clerk INDEPENDENT_ NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 c py of advertisement being a ? , -f C %' - in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of t b.t I a-- /�' i 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 fib ton in the said newspaper. Tom Byrd Sworn to and subscribed before me this UT- day of AD Notary Public, State of Florida at Large A./ �i� '�. ANGIE BRIDGES MY COMMISSION # EE 177653 y P p g Bond d Thru Notary Public Underwriters e,cn Filar''Text 4ni d cow (863) 763 -3134 p� tplao P . 1\lafrell PUBLIC HEARING NOTICE COMPREHENSIVE PLAN TEXT AMENDMENT NOTICE: The City of Okeechobee Planning Board will meet as the Local Planning Agency on Thursday, June 20, 2013 at 6 PM or as soon there- after as possible, at City Hall, 55 SE 3rd Ave, ryty Rm 200, Okeechobee, FL., to consider and receive Textual Amendments to input he Comprehensive Plan Goals, Objectives andrPolii-- cies for the Future Land Use Element and Intergovernmental Coordination Element. The text new objective and ppolicy Future Land Use compatibility oElement and usesslocated add near or within a certain distance of airport runways. The text amendment to the Intergovernmental Coordination Element proposes to add a new policy providing for the appointment of a representative from the Okeechobee County School Board to sit as a nonvoting 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. The amendments will be forwarded with a recommendation, to the Gty Coundl for consideration and transmittal to the Florida Department of Eco -' nomic Opportunity. All interested parties are encouraged to attend. Please contact General Ser- vices at 863-763-3372, or website, cityofokeechobee.com, to obtain a copy of the agenda. The proposed amendments may be reviewed on the City website or at the Office of the City Clerk, during normal business hours, at the address above. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any who appeal in a involving rs ticderein wit be making verbatimrecrd of the testimo- ny evidence ho ppps acordan ewith the Americans meeting Act(ADA)of 1990 persons needing special accommodation to participate in this proceeding should con- tact the General Services Office at 863 - 763 -3372 for assistance. BY Brian Whitehall, Zoning Administrator 444788 ON 6/2,12/2013 Rick Scott GOVERNOR The Honorable James E. Kirk Mayor, City of Okeechobee City Hall 55 Southeast Third Avenue Okeechobee, Florida 34974 Dear Mayor Kirk: FLORIDA DEPARTMENT OPPORTUNITY October 10 , 2013 Jesse Panuccio EXECUTIVE DIRECTOR teec4 10- i(.0- 19/ 1.4 DRa' etc" - - t bt4-1 ,�. The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Okeechobee (Amendment No. 13 -2ER), which was received and determined complete on August 14, 2013. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part II, F.S. The Department of Economic Opportunity does not identify any objections to the proposed amendment and this letter serves as the Objections, Recommendations and Comments Report. Review comments received by the Department of Economic Opportunity from the appropriate reviewing agencies are enclosed. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(4)(e)1, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of the Department of Economic Opportunity report, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. lurni.t U, I , 1(nip nt (0 1 )n.nnn 1 t1 {,• rninii, l 1,, ii I',n11,111 1 . \I.i {c u1 .`;trk r l l ,■11.,111t,,,« r, 1 I. 12'-1))) Xtt(, 11 \ 2', 1ti '1'11 2-1) "Ilt; ;S51i')2I \•, t l , n t lt l , , u � a ',Alt , u i 1 I 1 t I t t `l ..ri• cl u h ir,in I I 1 )11 t The Honorable James E. Kirk October 10, 2013 Page 2 of 2 If you have any questions related to this review, please contact Scott Rogers at (850) 717 -8510, or by email at scott.rogers @deo.myflorida.com. Sincerely, Mike McDaniel Comprehensive Planning Manager MM /sr Enclosure(s): Agency Comments Procedures for Adoption cc: Brian Whitehall, City Administrator William Brisson AICP, Senior Planner, LaRue Planning & Management Services, Inc. Patricia M. Steed, Executive Director, Central Florida Regional Planning Council SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes May 2011 NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike - through /underline format; In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the Department of Economic Opportunity posts a notice of intent determing that this amendment is in compliance. If timely challenged, or if the state and planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. • • FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION GARY CHARTRAND, Chair JOHN R. PADGET, Vice Chair Members ADA G. ARMAS, M.D. SALLY BRADSHAW JOHN A. COLON BARBARA S. FEINGOLD KATHLEEN SHANAHAN September 24, 2013 Mr. D. Ray Eubanks, Plan Processing Administrator Division of Community Development Department of Economic Opportunity 107 East Madison Street Tallahassee, Florida 32399 -4120 Dear Mr. Eubanks: Pam Stewart Commissioner of Education Re: City of Okeechobee 13 -2 ER Thank you for the opportunity to review the City of Okeechobee 13 -2ER amendment package. According to the department's responsibilities under Section 163.3184(3), Florida Statutes, I reviewed the amendment considering provisions of Chapter 163, Part II, F.S., and to determine whether the proposal, if adopted, would have potential to create significant adverse effects on public school facilities. The package includes amendments related to the evaluation and appraisal review of the comprehensive plan. The inclusion of new intergovernmental coordination element policy 5.5 will further effective school planning coordination. Because the amendments do not adversely affect public schools, I offer no comment. Again, thank you for the opportunity to review the amendment package. If I may be of assistance, please contact me at (850) 245 -9312 or Tracy.Suber(c )fldoe.org. Sincerely, acy Suber Gro Management & Facilities Policy Liaison TDS/ cc: Ms. Joni Ard, Okeechobee County Public Schools Mr. Scott Rogers and Ms. Brenda Winningham, DEO /State Land Planning Agency THOMAS H. INSERRA DIRECTOR, OFFICE OF EDUCATIONAL FACILITIES 325 W. GAINES STREET • SUITE 1014 • TALLAHASSEE, FLORIDA 32399 - 0400 • 850- 245 -0494 • FAX 850- 245 -9304 ww‘t. Ildoe.org RICK SCOTT GOVERNOR Florida Department of Transportation 605 Suwannee Street ANANTH PRASAD, P.E. SECRETARY Tallahassee, FL 32399 -0450 August 16, 2013 Mr. Wm. F. Brisson Senior. Planner LaRue Planning & Management Services, Inc 1375 Jackson Street, Suite 206 Ft. Myers, Fl 33901 RE: City of Okeechobee 13 -2ER proposed Evaluation & Appraisal based Comprehensive Plan Amendments Dear Mr. Brisson: The Florida Department of Transportation, District One, has reviewed the City of Okeechobee 13 -2ER EAR based amendments (received by FDOT on August 9, 2013) in accordance with the requirements of Florida Statutes Chapter 163 and Chapter 9J -11 of the Florida Administrative Code. The Department offers Okeechobee County (through their planning consultant Larue Planning and Management Services) the following comments and recommendations for your consideration: As this amendment to the City of Okeechobee Comprehensive Plan does not involve changes or modifications which impact State road facilities, we offer no comments. If you have any questions please free to contact me at (863) 519 -2395 or bob.crawley @dot.state.fl.us. Sincerely, Bob Crawley District Growth Management Coordinator FDOT District One CC: Florida Department of Economic Opportunity www.dot.state.fl.us 1 • Eubanks, Ray From: Stahl, Chris [Chris.Stahl @dep.state.fl.us] Sent: Monday, August 26, 2013 12:56 PM To: DCPexternalagencycomments Cc: Craig, Kae; bill @larueplanning.com Subject: Okeechobee 13.2€SR Proposed Date: To: From: Re: August 26, 2013 Ray Eubanks, Department of Economic Opportunity 9EaL19 Chris Stahl, Environmental Specialist, Office of Intergovernmental Programs Florida Department of Environmental Protection Okeechobee 13 -2ESR Proposed; Comprehensive Plan Amendment Review The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above - referenced package under the procedures of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state -owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; water and wastewater treatment; and, where applicable, the Everglades ecosystem. Based on our review of the submitted amendment package, the Department has found no provision that requires comment under laws that form the basis of the Department's jurisdiction. Should you have any questions or require further assistance, please call me at (850) 245 -2169. Please take a few minutes to share your comments on the service you received from the department by clicking on this link. DEP Customer Survey. 1 • • SOUTH FLORIDA WATER MANAGEMENT DISTRICT September 4, 2013 Mr. Ray Eubanks, Plan Processing Administrator Division of Community Planning and Development Department of Economic Opportunity 107 East Madison Street Caldwell Bldg., MSC 160 Tallahassee, FL 32399 Dear Mr. Eubanks: . Subject: City of Okeechobee, DEO #13 -2ER Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendment package from the City of Okeechobee (City). The amendment package consists of the City's Evaluation and Appraisal Review based amendments. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment package. The District offers its technical assistance to the City and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the City's future water supply needs and to protect the region's water resources. Please forward a copy of adopted amendments to the District. For assistance or additional information, please contact Terry Manning, Policy and Planning Analyst, at (561) 682 -6779 or tmanningasfwmd.gov. Sincerely, y, Dean Powell Water Supply Bureau Chief DP /tm c: Bill Brisson, LaRue Planning & Management Terry Manning, SFWMD Bill Royce, Okeechobee County Patricia M. Steed, CFRPC Brian Whitehall, City Administrator Brenda Winningham, DEO 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1- 800 - 432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov CFRPC, SFIN(; IIIL ('0(JNIIFS OF • I)1Solo • 1 IARDF 111(:FILANDS • OKF1(:I10tt14F • POLK September 20, 2013 Mr. Ray Eubanks, Administrator Plan Review and Processing State of Florida Department of Economic Opportunity Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 -4120 RE: City of Okeechobee 13 -2ER CFRPC Local Comprehensive Plan Amendment Review Dear Mr. Eubanks, Via E -mail c1,23 t'3 The Central Florida Regional Planning Council continues to review Comprehensive Plan Amendments. Upon conclusion of review, an Amendment Review Form is completed. Enclosed, please find the review form for the following Comprehensive Plan Amendment Package: • City of Okeechobee 13 -2ER If you have any questions or concerns, please contact me at (863) 534 -7130 extension 178. Sincerely, (7-4 Jennifer Codo - Salisbury, MPA, AICP Planning and Administrative Director cc: Mike McDaniel, Florida Department of Economic Opportunity (via e-mail) Brenda Winningham, Florida Department of Economic Opportunity (via e-mail) (INiRAI rlORI1)A ItlGIONA] I'L ANN IN( , UUN('I1 555 VAS I' CIIURCtI sItul:r, BA1uow. FI 33830.3931; CO. Box 2089 B K oW. 11, 33831-2089 (863; 534 7330 • 1ix 0431)5:471:0i • Tot I'RI! 1800) 297 -804 • Wt I l31 WWW.cicoc.(')RG FLORIDA REGIONAL COUNCILS ASSOCIATION LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM 01 Regional Planning Council: CFRPC Regional Planning Council Item #: Date Mailed to Local Government and State Planning Agency: September 20, 2013 (received 8/15/13) City of Local Government Item #: Okeechobee 13- 2ER Pursuant to Section 163.3184, Florida Statutes, Council review of proposed amendments to local government comprehensive plans is limited to adverse effects on regional resources and facilities identified in the strategic regional policy plan and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. A written report containing an evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the state land planning agency within 30 calendar days of receipt of the amendment. The Central Florida Regional Planning Council prepared the Amendment. DESCRIPTION OF AMENDMENT City of Okeechobee 13 -2ER: City- initiated EAR -Based Comprehensive Plan Amendments which provide for a new objective and policy in the Future Land Use Element addressing compatibility of land uses located near or within certain distances of airport runways and also providing an amendment to the Intergovernmental Coordination Element which provides for the appointment of an Okeechobee School Board representative to sit on the Local Planning Agency. 1. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN The amendment does not appear to pose any adverse effects to significant regional resources and facilities and appears to be in compliance with the Goals, Policies, and Strategies set forth in the SRPP. 2. EXTRAJURISDICTIONAL IMPACTS INCONSISTENT WITH THE COMPREHENSIVE PLANS OF LOCAL GOVERNMENTS WITHIN THE REGION The amendment does not appear to pose any extrajurisdictional impacts with comprehensive plans of local governments within the region. Request a copy of the adopted version of the amendment? 1 Yes X No 07/11 Rick Scott GOVERNOR FLORI DA DEPARTM ENT 4" ECONOMIC OPPORTUNITY August 15, 2013 Mr. James G. LaRue, Planning Consultant LaRue Planning and Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 Dear Mr. LaRue: Jesse Panuccio EXECUTIVE DIRECTOR Thank you for submitting the City of Okeechobee's proposed comprehensive plan amendments for our review. The reference number for this amendment is City of Okeechobee 13 -2ER. We have conducted an inventory of the proposed plan amendment package to verify the inclusion of all required materials for the proposed amendments. The submission package appears to be complete, and your proposed plan amendments will be reviewed pursuant to Chapter 163.3184(4)(d), Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. The State Land Planning Agency's Objection, Recommendation and Comment (ORC) report will be mailed to you on or about October 13, 2013. If you have any questions please contact Brenda Winningham, Regional Planning Administrator, who will be overseeing the review of the amendments, at (850) 717 -8516. Sincerely, D. Ray Eubanks, Administrator Plan Review and Processing DRE/af Florid.' U(l)artm, tit of 1 c( c ( )ppornuur ( : :kiv II Building 10- It.. Madison Srrcet l' I!aI ass.. , 11. 32399 846 1.1 \..23,15 850.2-15.'1105 830.921.3223 Fax „wv_11,‘"rtrr.con)'II.I)1i( w.,acxbo'ik.wm %11.1)I:O Rick Scott GOVERNOR MEMORANDUM FLORIDA DEPARTMENT,/ ECONOMIC OPPORTUNITY TO: Suzanne Ray, DEP Deena Woodward, DOS Tracy Suber, DOE Crawley /Massey FDOT1 Kathy Hall, Central Florida RPC Terry Manning, South Florida WMD William Royce, Okeechobee County Jesse Panuccio EXECUTIVE DIRECTOR DATE: August 15, 2013 SUBJECT: COMMENTS FOR PROPOSED COMPREHENSIVE PLAN AMENDMENT LOCAL GOVERNMENT/ STATE LAND PLANNING AGENCY AMENDMENT #: City of Okeechobee 13 -2ER CONTACT PERSON /PHONE NUMBER: Brenda Winningham/ 850/717- 8516 COMMENTS DUE TO STATE LAND PLANNING AGENCY NO LATER THAN: September 13, 2013 Please contact the local government if you do not have a copy of the proposed amendment. Please review the proposed comprehensive plan amendment documents for consistency with applicable provisions of Chapter 163, Florida Statutes. Pursuant to Florida Statute 163.3184(4)(c), FS, forward comments to the attention of Ray Eubanks, Administrator, Plan Review and Processing at the State Land Planning Agency E -mail address: D(,l'evterra(1jrno ,ninnielltf deo.sry,flniidrt.ewil Please use the above referenced STATE LAND PLANNING AGENCY AMENDMENT NUMBER on all correspondence related to this amendment. Note: Review Agencies - The local government has indicated that they have mailed the proposed amendment directly to _your agency. See attached transmittal letter. Be sure to contact the local government if you have not received the amendment. Also, letter to the Local government from State Land Planning Agency acknowledging receipt of amendment is attached. Florida 1)rltartmcnt nl lic:uur nic U1)hurtunuy ;alde .11 Building I0- I ?. \1adis,m n'et "1 :il1ahassc,, 1 1. 32399 866.1.1.\ 2345 8502 45. -105 850.921.32231 P•,nr,'1:1 )1;1 t w\tw.tac(•b,• ,k.cn L'1'1 1)I•:O Rick Scott GOVERNOR The Honorable James E. Kirk Mayor, City of Okeechobee City Hall 55 Southeast Third Avenue Okeechobee, Florida 34974 Dear Mayor Kirk: FLORIDA DEPARTMENT ./ ECONOMIC OPPORTUNITY October 10 , 2013 Jesse Panuccio EXECUTIVE DIRECTOR Reed to- ice 19 -- K.-r tL '4 t4(occ tip orseto* t ckit44. The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Okeechobee (Amendment No. 13 -2ER), which was received and determined complete on August 14, 2013. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part II, F.S. The Department of Economic Opportunity does not identify any objections to the proposed amendment and this letter serves as the Objections, Recommendations and Comments Report. Review comments received by the Department of Economic Opportunity from the appropriate reviewing agencies are enclosed. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(4)(e)1, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of the Department of Economic Opportunity report, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. Humid t)rl,.utntknt (0 I.innumx t )I,h rninti, l i, :!i I`ntI Iin; H- r \I.td!,(nt t l,tll.th.t> t , l I » » 1 \ t L 1 rn . l . t i „ 1 „ , n , : i t i u i , u n L I I I ! ! \C\ 1,P . .l. Muni IIt)1(t The Honorable James E. Kirk October 10, 2013 Page 2 of 2 If you have any questions related to this review, please contact Scott Rogers at (850) 717 -8510, or by email at scott.rogers @deo.myflorida.com. Sincerely, MM /sr Enclosure(s): Agency Comments Procedures for Adoption 1 Mike McDaniel Comprehensive Planning Manager cc: Brian Whitehall, City Administrator William Brisson AICP, Senior Planner, LaRue Planning & Management Services, Inc. Patricia M. Steed, Executive Director, Central Florida Regional Planning Council SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes May 2011 NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike - through /underline format; In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be the date the Department of Economic Opportunity posts a notice of intent determing that this amendment is in compliance. If timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. • • FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION GARY CHARTRAND, Chair JOHN R. PADGET, Vice Chair Members ADA G. ARMAS, M.D. SALLY BRADSHAW JOHN A. COLON BARBARA S. FUNGOID KATHLEEN SHANAHAN September 24, 2013 Mr. D. Ray Eubanks, Plan Processing Administrator Division of Community Development Department of Economic Opportunity 107 East Madison Street Tallahassee, Florida 32399 -4120 Dear Mr. Eubanks: 'x` A \c3 Pam Stewart Commissioner of Education Re: City of Okeechobee 13 -2 ER Thank you for the opportunity to review the City of Okeechobee 13 -2ER amendment package. According to the department's responsibilities under Section 163.3184(3), Florida Statutes, I reviewed the amendment considering provisions of Chapter 163, Part II, F.S., and to determine whether the proposal, if adopted, would have potential to create significant adverse effects on public school facilities. The package includes amendments related to the evaluation and appraisal review of the comprehensive plan. The inclusion of new intergovernmental coordination element policy 5.5 will further effective school planning coordination. Because the amendments do not adversely affect public schools, I offer no comment. Again, thank you for the opportunity to review the amendment package. If I may be of assistance, please contact me at (850) 245 -9312 or Tracy.SuberWildoe.org. Sincerely, acy i Suber Gro Management & Facilities Policy Liaison TDS/ cc: Ms. Joni Ard, Okeechobee County Public Schools Mr. Scott Rogers and Ms. Brenda Winningham, DEO /State Land Planning Agency THOMAS H. INSERRA DIRECTOR, OFFICE OF EDUCATIONAL FACILITIES 325 W. GAINES STREET • SUITE 1014 • TALLAHASSEE, FLORIDA 32399 - 0400 • 850- 245 -0494 • FAX 850- 245 -9304 Wt' .11doe.org RICK SCOTT GOVERNOR • • Florida Department of Transportation 605 Suwannee Street ANANTH PRASAD, P.E. SECRETARY Tallahassee, FL 32399 -0450 August 16, 2013 Mr. Wm. F. Brisson Planner LaRue Planning & Management Services, Inc 1375 Jackson Street, Suite 206 Ft. Myers, Fl 33901 RE: City of Okeechobee 13 -2ER proposed Evaluation & Appraisal based Comprehensive Plan Amendments Dear Mr. Brisson: The Florida Department of Transportation, District One, has reviewed the City of Okeechobee 13 -2ER EAR based amendments (received by FDOT on August 9, 2013) in accordance with the requirements of Florida Statutes Chapter 163 and Chapter 9J -11 of the Florida Administrative Code. The Department offers Okeechobee County (through their planning consultant Larue Planning and Management Services) the following comments and recommendations for your consideration: As this amendment to the City of Okeechobee Comprehensive Plan does not involve changes or modifications which impact State road facilities, we offer no comments. If you have any questions please free to contact me at (863) 519 -2395 or bob.crawley @dot.state.fl.us. Sincerely, Bob Crawley District Growth Management Coordinator FDOT District One CC: Florida Department of Economic Opportunity www.dot.state.fl.us • • Eubanks, Ray From: Stahl, Chris [Chris.Stahl @dep.state.fl.us] Sent: Monday, August 26, 2013 12:56 PM To: DCPexternalagencycomments Cc: Craig, Kae; bill @larueplanning.com Subject: Okeechobee 1.3.2EeR Proposed Date: To: From: Re: August 26, 2013 Ray Eubanks, Department of Economic Opportunity 9EaLt Chris Stahl, Environmental Specialist, Office of Intergovernmental Programs Florida Department of Environmental Protection Okeechobee 13 -2ESR Proposed; Comprehensive Plan Amendment Review The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above - referenced package under the procedures of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state -owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; water and wastewater treatment; and, where applicable, the Everglades ecosystem. Based on our review of the submitted amendment package, the Department has found no provision that requires comment under laws that form the basis of the Department's jurisdiction. Should you have any questions or require further assistance, please call me at (850) 245 -2169. Please take a few minutes to share your comments on the service you received from the department by clicking on this link. DEP Customer Survey. 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT September 4, 2013 Mr. Ray Eubanks, Plan Processing Administrator Division of Community Planning and Development Department of Economic Opportunity 107 East Madison Street Caldwell Bldg., MSC 160 Tallahassee, FL 32399 Dear Mr. Eubanks: Subject: City of Okeechobee, DEO #13 -2ER Comments on Proposed Comprehensive Plan Amendment Package The South Florida Water Management District (District) has completed its review of the proposed amendment package from the City of Okeechobee (City). The amendment package consists of the City's Evaluation and Appraisal Review based amendments. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment package. The District offers its technical assistance to the City and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the City's future water supply needs and to protect the region's water resources. Please forward a copy of adopted amendments to the District. For assistance or additional information, please contact Terry Manning, Policy and Planning Analyst, at (561) 682 -6779 or tmanning@u,sfwmd.gov. Sincerely, Dean Powell Water Supply Bureau Chief DP /tm c: Bill Brisson, LaRue Planning & Management Terry Manning, SFWMD Bill Royce, Okeechobee County Patricia M. Steed, CFRPC Brian Whitehall, City Administrator Brenda Winningham, DEO 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1 -800 -432 -2045 Mailing Address: P.O. Box 24680, West Pahn Beach, FL 33416 -4680 • wwwsfwmd.gov �.i SF RVING 1111. (DOW IFS OF • DFS()I() • 11ARI)F III(:IlIANI)5 • ()KEI,C1101 %E1. • P011( September 20, 2013 Mr. Ray Eubanks, Administrator Plan Review and Processing State of Florida Department of Economic Opportunity Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 -4120 RE: City of Okeechobee 13 -2ER CFRPC Local Comprehensive Plan Amendment Review Dear Mr. Eubanks, Via E -mail o1123i('3 The Central Florida Regional Planning Council continues to review Comprehensive Plan Amendments. Upon conclusion of review, an Amendment Review Form is completed. Enclosed, please find the review form for the following Comprehensive Plan Amendment Package: • City of Okeechobee 13 -2ER If you have any questions or concerns, please contact me at (863) 534 -7130 extension 178. Sincerely, Jennifer Codo - Salisbury, MPA, AICP Planning and Administrative Director cc: Mike McDaniel, Florida Department of Economic Opportunity (via e-mail) Brenda Winningham, Florida Department of Economic Opportunity (via e-mail) C f N1RAI rIORI1)A 11.1 WONA1 NIANNING (.UUM;11 555 EAS1 CIIURC>I ST I. BAR row. VI. 33830-3931; P.O. Box 208913AKU>w. FI „33831.2089 (Mit 534 7130 • FAx ts63) 53.4-713 • Tot L FRLi '&)01 297-8041 • WI fi11 f 1 www.crRpc C)RG • • FLORIDA REGIONAL COUNCILS ASSOCIATION LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM 01 Regional Planning Council: CFRPC Regional Planning Council Item #: Date Mailed to Local Government and State Planning Agency: September 20, 2013 (received 8/15/13) City of Local Government Item #: Okeechobee 13- 2ER Pursuant to Section 163.3184, Florida Statutes, Council review of proposed amendments to local government comprehensive plans is limited to adverse effects on regional resources and facilities identified in the strategic regional policy plan and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. A written report containing an evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the state land planning agency within 30 calendar days of receipt of the amendment. The Central Florida Regional Planning Council prepared the Amendment. DESCRIPTION OF AMENDMENT City of Okeechobee 13 -2ER: City- initiated EAR -Based Comprehensive Plan Amendments which provide for a new objective and policy in the Future Land Use Element addressing compatibility of land uses located near or within certain distances of airport runways and also providing an amendment to the Intergovernmental Coordination Element which provides for the appointment of an Okeechobee School Board representative to sit on the Local Planning Agency. 1. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN The amendment does not appear to pose any adverse effects to significant regional resources and facilities and appears to be in compliance with the Goals, Policies, and Strategies set forth in the SRPP. 2. EXTRAJURISDICTIONAL IMPACTS INCONSISTENT WITH THE COMPREHENSIVE PLANS OF LOCAL GOVERNMENTS WITHIN THE REGION The amendment does not appear to pose any extrajurisdictional impacts with comprehensive plans of local governments within the region. Request a copy of the adopted version of the amendment? Yes X No 07/ I 1 August 9, 2016 Planning & Management Services, Inc. Mr. Ray Eubanks, Plan Processing Administrator Division of Community Planning and Development Department of Economic Opportunity 107 East Madison Street Caldwell Bldg., MSC 160 Tallahassee, Florida 32399 d AUG 4 2013 Yr 'tn ,r..ry r. . Re: City of Okeechobee Proposed Evaluation & Appraisal -based Comprehensive Plan Amendment pursuant to Sec. 163.3191, FS. Dear Mr. Eubanks: The City of Okeechobee Local Planning Agency (LPA) held its public hearing regarding the proposed Evaluation & Appraisal -based Amendment (EA -based Amendment) on June 20, 2013. At that public hearing the LPA forwarded its recommendation to the City Council for transmittal of the Amendment to the State Land Planning Agency (SLPA) for its review. This amendment is subject to State Coordinated Review process pursuant to Section 163.3184(4), Florida Statutes. On July 16, 2013, the City Council held it transmittal public hearing, at which time the Council authorized transmittal of the EA -based Amendment to the SLPA. Pursuant to the Coordinated State Review process guidelines, enclosed are three (3) copies (one printed copy and two compact discs) of the above referenced proposed Amendment to the Comprehensive Plan for the City of Okeechobee. The Amendment package consists of: • Proposed Ordinance 1099, which was passed unanimously by the City Council after discussion and public input. • Summary of the Planning Board (LPA) Action at its public hearing of June 20, 2013. • Summary of City Council Action at its Transmittal public hearing on July 16, 2013. • Exhibit A showing the Staff Recommendations as provided to the LPA and City Council during their respective public hearings. • A copy of this complete Amendment package and this transmittal letter have been submitted to the following agencies (via email or printed copy) on August 9, 2013: • Florida Department of Education • Florida Department of Environmental Protection • Florida Department of State • Florida Department of Transportation - District One • Central Florida Regional Planning Council • South Florida Water Management District • Okeechobee County Planning Department Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239 - 334 -3366 www.laneplanning.com In summary, the Amendment package contains amendments to: 1. Add 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. Add 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 proposed Amendment is consistent with the Goal, Objectives and Policies of the Future Land Use Element and Intergovernmental Coordination Element and those of other affected elements. The proposed Amendment is expected to be adopted in January 2014. The proposed amendment package is not applicable to an area of critical state concern. The contact person for the City of Okeechobee is: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc 1375 Jackson Street, Suite 206, Ft. Myers, Fl 33901 239 - 334 -3366 bill @larueplanning.com Please also send copies of any correspondence or other materials relating to this amendment to the City Administrator: Brian Whitehall, City Administrator City Hall 55 SE 3rd Avenue Okeechobee, Florida 34974 The Plan Amendment package and the Objections, Recommendations, and Comments (ORC) Report will be made available for public inspection during normal business hours at the following location: City of Okeechobee City Clerk's Office 55 SE 3rd Avenue Okeechobee, Florida 34974, Should you have any questions or require additional information, please do not hesitate to contact me at 239 -334 -3366. Sincerely, James G. LaRue, AICP Planning Consultant Slum!' Florida 1.oc.il clovernmc %ns 19Mh Lane Gamiotea From: Gloria Pellito <gloria @larueplanning.com> Sent: Friday, August 09, 2013 11:22 AM To: 'Eubanks, Ray' Cc: Department of Education; Department of Environmental Protection; DOT Distract 1; Central Florida Regional Planning Council; South Florida Water Management District; Department of State; Okeechobee County Planning Department; 'Lane'; rbrock @cityofokeechobee.com; 'Brian Whitehall'; 'Bill Brisson' Subject: City of Okeechobee - Proposed Evaluation & Appraisal - based Comprehensive Plan Amendment pica -{-t bit u,UcJ . e Attachments: Proposed E &A based Amendment July 2013.pdf Ct e* . —FiL o Pct% `- CUI u,N� Q °� of Attached is the City of Okeechobee Proposed Evaluation & Appraisal - based Comprehensive Plan Amendment for Coordinated State Review. We are sending 1 original printed document and 2 CDs for delivery to your office via FedEx. All other agencies are copied in this email. CIO rkp Plan Arn.avar^ui- Rc-6.e Dre4 IDQ Fitt +14 Sean ReJu Py .i& U V('A -k -rat F�L.�..� K PencLW k C L(op+ed 6.P Sol 20ihl Mr. Eubanks, Should you have any questions, or difficulties accessing this file please do not hesitate to contact me. Thank you, Gloria Pellito Plauuuo% Mama emeat Sertilre%, Inc. Semi ni }iW7CR LWVl (%m Swee Ie$" Gloria L, PeIite 111 Vi*Tti 1 Prepared by: City of Okeechobee Proposed Evaluation & Appraisal -based Comprehensive Plan Amendment Package for Coordinated State Review Transmittal Public Hearing: July 16, 2013 ii111,71Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 City of Okeechobee Comprehensive Plan Amendment Package Table of Contents Transmittal letter Proposed Ordinance No. 1099 Proposed Text Amendments Staff Report/Data & Analysis Summary of Planning Board (LPA) Action Summary of City Council Action August 9, 2016 Planning & Management Services, Inc. Mr. Ray Eubanks, Plan Processing Administrator Division of Community Planning and Development Department of Economic Opportunity 107 East Madison Street Caldwell Bldg., MSC 160 Tallahassee, Florida 32399 Re: City of Okeechobee Proposed Evaluation & Appraisal -based Comprehensive Plan Amendment pursuant to Sec. 163.3191, FS. Dear Mr. Eubanks: The City of Okeechobee Local Planning Agency (LPA) held its public hearing regarding the proposed Evaluation & Appraisal -based Amendment (EA -based Amendment) on June 20, 2013. At that public hearing the LPA forwarded its recommendation to the City Council for transmittal of the Amendment to the State Land Planning Agency (SLPA) for its review. This amendment is subject to State Coordinated Review process pursuant to Section 163.3184(4), Florida Statutes. On July 16, 2013, the City Council held it transmittal public hearing, at which time the Council authorized transmittal of the EA -based Amendment to the SLPA. Pursuant to the Coordinated State Review process guidelines, enclosed are three (3) copies (one printed copy and two compact discs) of the above referenced proposed Amendment to the Comprehensive Plan for the City of Okeechobee. The Amendment package consists of: • Proposed Ordinance 1099, which was passed unanimously by the City Council after discussion and public input. • Summary of the Planning Board (LPA) Action at its public hearing of June 20, 2013. • Summary of City Council Action at its Transmittal public hearing on July 16, 2013. • Exhibit A showing the Staff Recommendations as provided to the LPA and City Council during their respective public hearings. • A copy of this complete Amendment package and this transmittal letter have been submitted to the following agencies (via email or printed copy) on August 9, 2013: • Florida Department of Education • Florida Department of Environmental Protection • Florida Department of State • Florida Department of Transportation- District One • Central Florida Regional Planning Council • South Florida Water Management District • Okeechobee County Planning Department 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 In summary, the Amendment package contains amendments to: 1. Add 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. Add 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 proposed Amendment is consistent with the Goal, Objectives and Policies of the Future Land Use Element and Intergovernmental Coordination Element and those of other affected elements. The proposed Amendment is expected to be adopted in January 2014. The proposed amendment package is not applicable to an area of critical state concern. The contact person for the City of Okeechobee is: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc 1375 Jackson Street, Suite 206, Ft. Myers, Fl 33901 239 - 334 -3366 bill @larueplanning.com Please also send copies of any correspondence or other materials relating to this amendment to the City Administrator: Brian Whitehall, City Administrator City Hall 55 SE 3rd Avenue Okeechobee, Florida 34974 The Plan Amendment package and the Objections, Recommendations, and Comments (ORC) Report will be made available for public inspection during normal business hours at the following location: City of Okeechobee City Clerk's Office 55 SE 3rd Avenue Okeechobee, Florida 34974, Should you have any questions or require additional information, please do not hesitate to contact me at 239 - 334 -3366. Sincerely, James G. LaRue, AICP Planning Consultant Serving Florida Local Governments Since 1988 ORDINANCE NO. 1099 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OF A REPRESENTATIVE OF THE OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY (LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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, said letter having been on September 1, 2012; and WHEREAS, Staff has prepared proposed amendments addressing items so identified in its Evaluation and Appraisal Letter; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed the proposed amendments; has discussed same at a duly advertised public hearing on June 20, 2013, and recommends the City Council transmit the proposed amendments to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the City Council; and WHEREAS, in order to effectively address these recommendations in an orderly manner with the intent of including all recommendations in a single ordinance, which will save the City and its citizens costs and time, this ordinance is a compilation of many amendments, which when adopted, will amend each of the cited code sections upon its effective date. NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. The City Council for the City of Okeechobee, Florida amends herein the Future Land Use Element of the Comprehensive Plan by adding Objective 13 and Policy 13.1, to read as follows: 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: a. prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. b. 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; Ordinance No. 1099 Page 1 of 2 Language to be added is underlined Language to be deleted is straek through 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. d. 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. e. prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with Federal Aviation Administration rules or regulations. SECTION 2. That the City Council for the City of Okeechobee, Florida amends herein the Intergovernmental Coordination Element of the Comprehensive Plan by adding Policy 5.5, to read as follows, and renumber existing Policy 5.5 through 5.8 to be 5.6 to 5.9: Policy 5.5 The City of Okeechobee shall include a representative of the Okeechobee County School District, appointed by the School Board, as a non - voting 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). SECTION 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. Effective Date. This Ordinance shall take effect pursuant to the State Land Planning Agency's Notice of Intent if in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site. INTRODUCED for First Reading held at a duly advertised Transmittal Public Hearing on this 16`h day of July; 2013. ATTEST: -- Lane Gamiotea, CMC, City Clerk Dowling R. Watford, ., Mayor Pro - Tempore PASSED AND ADOPTED after Second and Final Public Hearing this day of 2013. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR L GAL SUFFICIENCY: K . — -+ John R. Cook, City Attorney Ordinance No. 1099 Page 2 of 2 James E. Kirk, Mayor Language to be added is underlined Language to be deleted is strueltibrough Recommended Changes to Future Land Use and Intergovernmental Coordination Elements Objective 13: Evaluation and Appraisal -Based Amendment, 2013 FLUE page 1 -16 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: a prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. are consistent with the requirements of Sec. 333.03(1)(c) F.S. el 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. a) 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. el 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 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, Florida 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: Policy 5.5 Policy 5.5 5_6: 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 part of the review process for school concurrency. 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). 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 Policy 5.4 5_7: Policy 54 5_8: Policy 5-8 5_9: Evaluation and Appraisal -Based Amendment, 2013 ICE 7 -5 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. 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. 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 Planning & Management Services, Inc. Memorandum To: Members of the Planning Board (Note: This was also sent to the City Council) 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 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. "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. (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: (3) (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. 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) 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 formers. 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. Areas Subject to Sec. 333.03(2)(d) FS 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. LPA Minutes, Including Recommendation AGENDA V. OPEN PUBLIC HEARING - Chairperson. A. Consider a Comprehensive Plan Future Land Use Element (FLUE) Text Amendment to address compatibility of and uses located near or within certain distance of airport runways - Senior Planner (Exhibit 1, Page 2 through Page 7). 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 the FLUE Text Amendment to address compatibility of land uses located near airports. JUNE 20, 2013 - PLANNING BOARD - PAGE 2 OF 4 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:01 P.M. Consider a Comprehensive Plan FLUE Text Amendment to address compatibility of and uses located near or within certain distance of airport runways. 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 number32. 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. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs.Tara Minton 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. Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There was none. Board Member Brass made a motion seconded by Board Member McCreary to recommend the City Council amend the Comprehensive Plan FLUE by adding 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: 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, AGENDA V. PUBLIC HEARING CONTINUED. A. 4. a) Consideration of a motion to recommend the City Council approve or deny the FLUE Text Amendment to address compatibility of land uses located near airports continued. b) Board discussion. c) Vote on motion. B. Consider a 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. JUNE 20, 2013 - PLANNING BOARD - PAGE S OF 4 ACTION - DISCUSSION - VOTE 3. outside the perimeters defined in subparagraphs 1. and 2., though still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. d) 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. e) Prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with FAA rules or regulations. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA McCoy -YEA BURROUGHS -ABSENT BAUGHMAN•YEA BRASS • YEA RITTER • YEA CREASMAN - YEA MCCREARY - YEA KELLER • YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing on a date to be determined. Consider a Comprehensive Plan 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. 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. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs. Rowley asked whether there were similar allowances for Counties and Utilities. Planner Brisson responded no, that there are no requirements to notify any other bodies. Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There was none. V. PUBLIC HEARING CONTINUED. B. 4. a) Consideration of a motion to recommend the City Council approve or deny the ICE Text Amendment 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. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURNMENT - Chairperson. 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 a 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. ATTEST: Dawn T. Hoover, Chairperson Patty M. Bumette, Secretary JUNE 20, 2013 - PLANNING BOARD • PAGE 4 OF 4 ACTION - DISCUSSION • VOTE Board Member Ritter moved to recommend the City Council amend the Comprehensive Plan ICE by changing the language in Policy 5.5 to read: The City of Okeechobee shall include a representative of the Okeechobee School Board District, appointed by the School Board, as a non - voting 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), and renumber the existing Policy 5.5 to 5.6, then renumber remaining policies as appropriate; seconded by Board Member McCoy. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER-YEA MCCOY- YEA BURROUGHS -ABSENT BAUGHMAN - YEA RITTER - YEA CREASMAN • YEA BRASS • YEA MCCREARY•YEA KELLER - YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing on a date to be determined. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:22 P.M. Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:22 p.m. City Council Minutes, Including Authorization for Transmittal AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 1. a) Public comments and discussion continued. b) Vote on motion. C. 1. a) Motion to read by title only, proposed Ordinance No. 1099, Comprehensive Plan EAR Amendments Future Land Use and Intergovernmental Coordination Elements - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1099 by title only. 2. a) Motion to approve the first reading for Transmittal to the State Land Planning Agency send for transmittal, proposed Ordinance No. 1099. b) Public comments and discussion. JULY 16, 2013 - REGULAR MEETING - PAGE 7 OF 16 COUNCIL ACTION • DISCUSSION - VOTE The floor was opened for public comments and discussion. There were none, as this item is for the same area discussed on the previous issue. The Council had no additional comments. VOTE KIRK • ABSENT WATFORD - YEA MAXWELL -YEA WILLIAMS • YEA O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1099, regarding Comprehensive Plan Evaluation and Appraisal Report (EAR) based Amendments to the Future Land Use and Intergovernmental Coordination Elements; seconded by Council Member Williams. VOTE KIRK - ABSENT WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR•YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1099 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY(LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Williams moved to approve the first reading for Transmittal to the State Land Planning Agency, proposed Ordinance No. 1099; seconded by Council Member O'Connor. Mayor Pro -Tem Watford opened the floor to Senior Planner, Bill Brisson to present the Planning Staff Report. Two areas identified in the Comprehensive Plan EAR is that the Plan does not address current legislation requirements for compatibility of land uses located near or within certain distance of airport runways, nor does it provide for the appointment of a representative from the school board to sit as a non - voting member of the Local Planning Agency when Comprehensive or Zoning amendments that would increase residential density are considered. AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued for proposed Ordinance No. 1099, Comprehensive Plan EAR Amendments to the Future Land Use and Intergovernmental Coordination Elements, c) Vote on motion. CLOSE PUBLIC HEARING - Mayor Pro - Tempore. IX. NEW BUSINESS. A. 1. a) Motion to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1100, City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System Internal Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. JULY 16, 2013 - REGULAR MEETING - PAGE 8 OF 16 COUNCIL ACTION - DISCUSSION - VOTE By adding a new objective and policy to the Future Land Use Element and a new policy to the Intergovernmental Coordination Element, both areas will be adequately addressed. The Planning Board reviewed the proposed amendments at their June 20, 2013, meeting and voted unanimously to recommend the Council adopt them as presented. Mayor Pro -Tem Watford asked whether there were any questions or comments from the public. There were none. He then opened the discussion for the Council. Questions related to how this could impact Indian River State College potential campus expansion could not be answered as their property is outside the City Limits and would require the County to resolve those issues. It was clarified that residences can be built within the runway protection zone. The discussion then turned to the suggestion by Council Member Maxwell for the amendment to not simply address the minimum statutory requirements but include Staff from other agencies such as the Okeechobee Utility Authority, and for attendance to all meetings, rather than limited by topic. He expressed concerns of communication between all the local governmental agencies. It was explained the School Board, Okeechobee Utility Authority, and several State and County agencies are suppose to send representatives to attend the City Technical Review Committee Meetings, adding more appointments could make the situation more problematic since for some their attendance record is low already. No changes were offered to the amendments. VOTE KIRK - ABSENT WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA MAYOR PRO -TEM WATFORD CLOSED THE PUBLIC HEARING AT 7:40 P.M. O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1100, City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System Internal Revenue Code Amendments, seconded by Council Member Williams. VOTE KIRK - ABSENT WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. t Planning & Management Services, Inc. August 9, 2016 AUG 1 4 2013 Mr. Ray Eubanks, Plan Processing Administrator Division of Community Planning and Development Department of Economic Opportunity 107 East Madison Street Caldwell Bldg., MSC 160 Tallahassee, Florida 32399 Re: City of Okeechobee Proposed Evaluation & Appraisal -based Comprehensive Plan Amendment pursuant to Sec. 163.3191, FS. Dear Mr. Eubanks: The City of Okeechobee Local Planning Agency (LPA) held its public hearing regarding the proposed Evaluation & Appraisal -based Amendment (EA -based Amendment) on June 20, 2013. At that public hearing the LPA forwarded its recommendation to the City Council for transmittal of the Amendment to the State Land Planning Agency (SLPA) for its review. This amendment is subject to State Coordinated Review process pursuant to Section 163.3184(4), Florida Statutes. On July 16, 2013, the City Council held it transmittal public hearing, at which time the Council authorized transmittal of the EA -based Amendment to the SLPA. Pursuant to the Coordinated State Review process guidelines, enclosed are three (3) copies (one printed copy and two compact discs) of the above referenced proposed Amendment to the Comprehensive Plan for the City of Okeechobee. The Amendment package consists of: • Proposed Ordinance 1099, which was passed unanimously by the City Council after discussion and public input. • Summary of the Planning Board (LPA) Action at its public hearing of June 20, 2013. • Summary of City Council Action at its Transmittal public hearing on July 16, 2013. • Exhibit A showing the Staff Recommendations as provided to the LPA and City Council during their respective public hearings. • A copy of this complete Amendment package and this transmittal letter have been submitted to the following agencies (via email or printed copy) on August 9, 2013: • Florida Department of Education • Florida Department of Environmental Protection • Florida Department of State • Florida Department of Transportation- District One • Central Florida Regional Planning Council • South Florida Water Management District • Okeechobee County Planning Department 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 In summary, the Amendment package contains amendments to: 1. Add 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. Add 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 proposed Amendment is consistent with the Goal, Objectives and Policies of the Future Land Use Element and Intergovernmental Coordination Element and those of other affected elements. The proposed Amendment is expected to be adopted in January 2014. The proposed amendment package is not applicable to an area of critical state concern. The contact person for the City of Okeechobee is: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc 1375 Jackson Street, Suite 206, Ft. Myers, Fl 33901 239 - 334 -3366 bill @larueplanning.com Please also send copies of any correspondence or other materials relating to this amendment to the City Administrator: Brian Whitehall, City Administrator City Hall 55 SE 3rd Avenue Okeechobee, Florida 34974 The Plan Amendment package and the Objections, Recommendations, and Comments (ORC) Report will be made available for public inspection during normal business hours at the following location: City of Okeechobee City Clerk's Office 55 SE 3rd Avenue Okeechobee, Florida 34974, Should you have any questions or require additional information, please do not hesitate to contact me at 239 -334 -3366. Sincerely, James G. LaRue, AICP Planning Consultant Serving, Mort( 0 Local t;,»ernnnc +us since 19t1 2 Melisa Jahner From: Melisa Jahner <mjahner @cityofokeechobee.com> Sent: Wednesday, July 17, 2013 3:03 PM To: Bill Brisson Cc: Lane Gamiotea Subject: Ord 1099 for transmittal Hi Bill, I have attached the POP's and Ord 1099 for your records. You should already have the PB June 20 minutes. I will not be in the office Thursday or Friday. Lane will be here to assist you. ord 1099.pdf POP- PB JUNE 20 EAR - ICE.pdf EAR - ICE.pdf Melisa Jahner, CMC Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863 - 763 -3372 ext. 215 863 - 763 -1686 (fax) Notice: Any Electronic Data Sent Or Received through This E -Mail Address is Public Record and Governed By: the State of Florida, Public Records Law. 1 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 1. a) Public comments and discussion continued. b) Vote on motion. C. 1. a) Motion to read by title only, proposed Ordinance No. 1099, Comprehensive Plan EAR Amendments Future Land Use and intergovernmental Coordination Elements - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1099 by title only. 2. a) Motion to approve the first reading for Transmittal to the State Land Planning Agency send for transmittal, proposed Ordinance No. 1099. b) Public comments and discussion. JULY 16, 2013 - REGULAR MEETING - PAGE 7 OF 16 87 COUNCIL ACTION - DISCUSSION - VOTE The floor was opened for public comments and discussion. There were none, as this item is for the same area discussed on the previous issue. The Council had no additional comments. VOTE KIRK - ABSENT MAXWELL -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1099, regarding Comprehensive Plan Evaluation and Appraisal Report (EAR) based Amendments to the Future Land Use and Intergovernmental Coordination Elements; seconded by Council Member Williams. VOTE KIRK - ABSENT MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attomey Cook read proposed Ordinance No. 1099 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY (LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Williams moved to approve the first reading for Transmittal to the State Land Planning Agency, proposed Ordinance No. 1099; seconded by Council Member O'Connor. Mayor Pro -Tem Watford opened the floor to Senior Planner, Bill Brisson to present the Planning Staff Report. Two areas identified in the Comprehensive Plan EAR is that the Plan does not address current legislation requirements for compatibility of and uses located near or within certain distance of airport runways, nor does it provide for the appointment of a representative from the school board to sit as a non - voting member of the Local Planning Agency when Comprehensive or Zoning amendments that would increase residential density are considered. 88 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued for proposed Ordinance No. 1099, Comprehensive Plan EAR Amendments to the Future Land Use and Intergovernmental Coordination Elements. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor Pro•Tempore, IX. NEW BUSINESS. A. 1. a) Motion to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1100, City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System Internal Revenue Code Amendments - Attorney Lee Dehner, Christiansen & Dehner, PA (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. JULY 16, 2013 - REGULAR MEETING • PAGE 8 OF 16 COUNCIL ACTION - DISCUSSION - VOTE By adding a new objective and policy to the Future Land Use Element and a new policy to the Intergovernmental Coordination Element, both areas will be adequately addressed. The Planning Board reviewed the proposed amendments at their June 20, 2013, meeting and voted unanimously to recommend the Council adopt them as presented, Mayor Pro -Tem Watford asked whether there were any questions or comments from the public. There were none. He then opened the discussion for the Council. Questions related to how this could impact Indian River State College potential campus expansion could not be answered as their property is outside the City Limits and would require the County to resolve those issues. It was darified that residences can be built within the runway protection zone. The discussion then turned to the suggestion by Council Member Maxwell for the amendment to not simply address the minimum statutory requirements but include Staff from other agencies such as the Okeechobee Utility Authority, and for attendance to all meetings, rather than limited by topic. He expressed concerns of communication between all the local governmental agencies. It was explained the School Board, Okeechobee Utility Authority, and several State and County agencies are suppose to send representatives to attend the City Technical Review Committee Meetings, adding more appointments could make the situation more problematic since for some their attendance record is low already. No changes were offered to the amendments. VOTE KIRK - ABSENT WATFORD - YEA MAXWELL - YEA WILLIAM& -YEA MAYOR PRO -TEM WATFORD CLOSED THE PUBLIC HEARING AT 7:40 P.M. O'CONNOR - YEA MOTION CARRIED. Council Member O'Connor moved to read by title only, and set August 20, 2013, as a final public hearing date for proposed Ordinance No. 1100, City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System Internal Revenue Code Amendments, seconded by Council Member Williams. VOTE KIRK - ABSENT WATFORD - YEA MAXWELL - YEA O'CONNOR - YEA WILLIAMS • YEA MOTION CARRIED. ORDINANCE NO. 1099 Exhibit 3 my 1• . 13 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A NEW OBJECTIVE AND A NEW POLICY TO THE FUTURE LAND USE ELEMENT ADDRESSING COMPATIBILITY OF LAND USES LOCATED NEAR OR WITHIN CERTAIN DISTANCES OF AIRPORT RUNWAYS; PROVIDING FOR INCORPORATING A NEW POLICY TO THE INTERGOVERNMENTAL COORDINATION ELEMENT WHICH PROVIDES FOR THE APPOINTMENT OF A REPRESENTATIVE OF THE OKEECHOBEE COUNTY SCHOOL BOARD TO SIT, UNDER CERTAIN CIRCUMSTANCES, AS A NONVOTING MEMBER OF THE LOCAL PLANNING AGENCY (LPA); PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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, said letter having been on September 1, 2012; and WHEREAS, Staff has prepared proposed amendments addressing items so identified in its Evaluation and Appraisal Letter; and WHEREAS, the Planning Board, acting as the Local Planning Agency of the City of Okeechobee, Florida, recently reviewed the proposed amendments; has discussed same at a duly advertised public hearing on June 20, 2013, and recommends the City Council transmit the proposed amendments to the State Land Planning Agency for review and approval, and subsequent adoption by ordinance by the City Council; and WHEREAS, in order to effectively address these recommendations in an orderly manner with the intent of including all recommendations in a single ordinance, which will save the City and its citizens costs and time, this ordinance is a compilation of many amendments, which when adopted, will amend each of the cited code sections upon its effective date. NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. The City Council for the City of Okeechobee, Florida amends herein the Future Land Use Element of the Comprehensive Plan by adding Objective 13 and Policy 13.1, to read as follows: 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: a. prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. b. 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; Language to be added is underlined Ordinance No. 1097 Page 1 of 2 Language to be deleted is straelrthrough 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. d. 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. e. prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with Federal Aviation Administration rules or regulations. SECTION 2. That the City Council for the City of Okeechobee, Florida amends herein the Intergovernmental Coordination Element of the Comprehensive Plan by adding Policy 5.5, to read as follows, and renumber existing Policy 5.5 through 5.8 to be 5.6 to 5.9: Policy 5.5 The City of Okeechobee shall include a representative of the Okeechobee County School District, appointed by the School Board, as a non - voting 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). SECTION 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. Effective Date. This Ordinance shall take effect pursuant to the State Land Planning Agency's Notice of Intent if in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site. INTRODUCED for First Reading held at a duly advertised Transmittal Public Hearing on this 16th day of July, 2013. Dowling R. Watford, Jr., Mayor Pro - Tempore ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of 2013. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language to be added is underlined Ordinance No. 1097 Page 2 of 2 Language to be deleted is P 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. 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 r 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) R 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 and 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 and use compatibility zoning regulations shall consider the following: (3) (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. 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 formers. 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 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. Objective 13: Evaluation and Appraisal -Based Amendment, 2013 FLUE page 1 -16 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: a) prohibit residential construction and educational facilities in the City to be located within 2,500 feet of a runway at the Okeechobee County Airport. b) are consistent with the requirements of Sec. 333.03(1)(c) F.S. 0 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. 0 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 Policy 4.3: Objective 5: Evaluation and Appraisal -Based Amendment, 2013 ICE 7 -4 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. 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 tl,e 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: Policy 5.5 Policy 53 5_6: 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. 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). 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 Policy 51-6 5_7: Policy 5--7 5_8: Policy 578 5_9: Evaluation and Appraisal -Based Amendment, 2013 ICE 7 -5 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. 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. 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 AGENDA V. OPEN PUBLIC HEARING - Chairperson. A. Consider a 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. 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 the FLUE Text Amendment to address compatibility of land uses located near airports. JUNE 20, 2013 - PLANNING BOARD - PAGE 2 of 4 ACTION - DISCUSSION - VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:01 P.M. Consider a Comprehensive Plan FLUE Text Amendment to address compatibility of land uses located near or within certain distance of airport runways. 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. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs.Tara Minton 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. Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There was none. Board Member Brass made a motion seconded by Board Member McCreary to recommend the City Council amend the Comprehensive Plan FLUE by adding 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: 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, AGENDA V. PUBLIC HEARING CONTINUED. A. 4. a) Consideration of a motion to recommend the City Council approve or deny the FLUE Text Amendment to address compatibility of land uses located near airports continued. b) Board discussion. c) Vote on motion. B. Consider a 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. JUNE 20, 2013 - PLANNING BOARD - PAGE 3 OF 4 ACTION - DISCUSSION • VOTE 3. outside the perimeters defined in subparagraphs 1. and 2., though still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. d) 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. e) Prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with FAA rules or regulations. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER -YEA BURROUGHS -ABSENT BAUGHMAN - YEA McCoy -YEA RITTER -YEA CREASMAN • YEA BRASS-YEA KELLER • 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. Consider a Comprehensive Plan 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. 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. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs. Rowley asked whether there were similar allowances for Counties and Utilities. Planner Brisson responded no, that there are no requirements to notify any other bodies. Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There was none. AGENDA V. PUBLIC HEARING CONTINUED. B. 4. a) Consideration of a motion to recommend the City Council approve or deny the ICE Text Amendment 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. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that it 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 personwaal 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. ATTEST: Dawn T. Hoover, Chairperson Patty M. Bumette, Secretary JUNE 20, 2013 • PLANNING BOARD - PAGE 4 of 4 ACTION - DISCUSSION • VOTE Board Member Ritter moved to recommend the City Council amend the Comprehensive Plan ICE by changing the language in Policy 5.5 to read: The City of Okeechobee shall include a representative of the Okeechobee School Board District, appointed by the School Board, as a non- voting 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), and renumber the existing Policy 5.5 to 5.6, then renumber remaining policies as appropriate; seconded by Board Member McCoy. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER • YEA MCCOY- YEA BURROUGHS -ABSENT BAUGHMAN•YEA BRASS YEA RITTER -YEA CREASMAN•YEA MCCREARY - YEA KELLER•YEA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing on a date to be determined. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:22 P.M. Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:22 p.m. ii4INDEPENDENT ism NEWSPAPERS I OKEECHOBEF, NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE, 167 S W 1715 Street, Sus 11, 7 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 __ _1 _ in the matter of in the 19th Judicial District 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. Tom Byrd , Sworn to and subscribed before me this clay of • .,: AD Notary Public, State of Florida at Large i) (C I C t ANGIE BRIDGES MY COMMISSION N 7E 1 T7653 o ? EXPIRES 0.0n120.2116 BMdad 77w acv PIT* UwW,s1M1 e uI, hcq El 49474 (863) 76.33134 PUBLIC HEARING NOTICE AMENDING THE CITY OF OKEECHOBEE, FL COMPREHENSIVE PLAN NOTICE: The City Council of the City of Okeechobee will conduct a Public Hearing on Tbesday, July 16, 2013 at 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL., to consider and receive input concerning identified Evaluation and Appraisal Report amendments to the Future Land Use Element and the Intergovernmental Coordination Element of the Comprehensive Plan as follows: -Add a new Objective and Policy addressing compatibility of land uses located near or within certain distances of airport runways as required by ES. 333.03(1)(c). -Add a new Policy providing for the appointment of a representative from the Okeecho- bee County School Board to sit, under certain circumstances, as a nonvoting member of the Local Planning Agency The proposed text amendments will be forwarded in transmittal form to the Florida De- partment of Economic Opportunity. The public and all interested parties are encouraged to appear and be heard and may sub- mit written or oral comments before or at the Hearing. The proposed amendments may be viewed on the City website or at the Office of the City Clerk, during normal business hours, at the address above. 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 noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon which any appeal is to be based. In accordance with the Americans with Disabilities Act, persons requiring special accommodations to participate in this proceeding because ofa disability or physical impair- ment should contact the City Clerks Office at 863- 763- 3372ext 215 at least 48 hours prior to the meeting. Published By: Lane Gamiotea, CMC, City Clerk AGENDA V. OPEN PUBLIC HEARING - Chairperson. A. Consider a Comprehensive Plan Future Land Use Element (FLUE) Text Amendment to address compatibility of and uses located near or within certain distance of airport runways - Senior Planner (Exhibit 1, Page 2 through Page 7). 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 the FLUE Text Amendment to address compatibility of land uses located near airports. JUNE 20, 2013 • PLANNING BOARD - PAGE 2 of 4 ACTION • DISCUSSION • VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:01 P.M. Consider a Comprehensive Plan FLUE Text Amendment to address compatibility of land uses located near or within certain distance of airport runways. 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 orschool 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 (FM) 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. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs.Tara Minton 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. Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There was none. Board Member Brass made a motion seconded by Board Member McCreary to recommend the City Council amend the Comprehensive Plan FLUE by adding Objective 13:The City of Okeechobee recognizes that under certain conditions some uses of land are not compatible in proximity to pubfrc 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 orturboprop aircraft; 2. within 5,000 feet from the nearest point of any runway used only by piston -type aircraft, 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 approve or deny the FLUE Text Amendment to address compatibility of and uses located near airports continued. b) Board discussion. c) Vote on motion. B. Consider a 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. 3, outside the perimeters defined in subparagraphs 1, and 2., though stilt within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F. R. part 77.25. d) 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. e) Prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with FAA rules or regulations. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER -YEA MCCoY -YEA BURROUGHS -ABSENT BAUGHMAN•YEA BRASS -YEA RITTER •YEA CREASMAN•YEA MCCREARY -YEA KELLER - YEA MOTION CARRIED, The recommendation will be forwarded to the City Council for consideration at a Public Hearing on a date to be determined. Consider a Comprehensive Plan 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. 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. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Mrs. Rowley asked whether there were similar allowances for Counties and Utilities. Planner Brisson responded no, that there are no requirements to notify any other bodies. Chairperson Hoover asked whether Board Members had ex -parte communications to disclose for the record. There was none. JUNE 20, 2013 • PLANNING BOARD • PAGE 4 of 4 AGENDA ACTION - DISCUSSION • VOTE V. PUBLIC HEARING CONTINUED. B. 4. a) Consideration of a motion to recommend the City Council approve or deny the ICE Text Amendment 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. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VI. NEW BUSINESS. A. Consider any additional requests for amendments to the City's Land Development Regulations • Chairperson. VII. ADJOURNMENT • Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that B any person desires to appeal any decision made by the Panning Board/Board of Adjustment and Appeals with respect toanymatterconsideredatthisproceednp ,suchInterestedpersonwitneed a record of the procwedings, and far such purpose may need tenure a verbatim record of the proceedings c 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, ATTEST: Dawn T. Hoover, Chairperson Patty M. Bumette, Secretary Board Member Ritter moved to recommend the City Council amend the Comprehensive Plan ICE by changing the language in Policy 5.5 to read: The City of Okeechobee shall include a representative of the Okeechobee School Board District, appointed by the School Board, as a non - voting 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), and renumber the existing Policy 5.5 to 5.6, then renumber remaining policies as appropriate; seconded by Board Member McCoy. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOYER•YEA McCoy- YEA BURROUGHS -ABSENT BAUGHMAN -YEA BRASS• YEA KELLER -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. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 612 P.M. Chairperson Hoover asked whether there were any requests for amendments to the Land Development Regulations. There were none offered. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:22 p.m. INDEPENDENT pumi NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 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 in the 119th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 5 � ' 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 publicatiion in the said newspaper. Tom Byrd Sworn to and subscribed before me this day of -= 'lam h_ - AD Notary Public, State of Florida at Large .4',i' ANGIE BRIDGES =+: • 4 ::= MY COMMISSION k EE 177653 EXPIRES: April 20; 2016 'tpF F '' Bonded Thru Notary Public Underwriters (863) 763-3134 COMPREHENSIVE PLLANNTE AMENDMENT NOTICE: The Clty of Okeechobee Planning Board will meet as the Local Planning Agency on Thursday, June 20, 2013 at 6 PM or as soon there- after as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL., to consider and receive input submitted by City Staff or citizens, concerning Textual Amendments to the Comprehensive Plan Goals, Objectives and Pot- ties for the Future Land Use Element and Intergovernmental Coordination Element. The text amendment cy the Future Element esso� w cend pool dd �sl g co patibility of land uses located near or within a certain distance of airport runways. The text amendment to the Intergovernmental Coordination Element proposes to add a new policy providing for the appointment of a representative from the Okeechobee County School Board to sit as a nonvoting member of the Local Planning Agency when it is considenng amendments to the Comprehensive Plan or Zoning that would result in increases in residential density. The amendments will be forwarded with a recommendation, to the City Coundl for consideration and transmittal to the Florida Department of Eco -' nomic Opportunity. All interested parties are encouraged to attend. Please contact General Ser- vices at 863-763 -3372, or website, cityofokeechobee.com, to obtain a copy of the agenda. The proposed amendments may be reviewed on the City website or at the Office of the City Clerk, during normal business hours, at the address above. 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 a al Is to be based. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing spedal accommodation to participate in this proceeding should con- tact the General Services Office at 863- 763 -3372 for assistance. BY: Brian Whitehall Zoning Administrator 444788 ON 6/2,12/2013 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 are the need to include: 1. polici¢s in the Future Land Use Element addressing compatibility of land uses located near or within certain distance of airport runways, and 2. , �� a 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 Comprehen- sive 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 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: (3) (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. 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 Tight 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 formers. 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 6 RECOMMENDATIONS: Th address this deficiency the City proposes to include a new Objective 13 and Policy 13.1 to d as follows: 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: al 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. el 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. 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. el prohibit, in the interest of air safety and commerce, temporary or permanent structures that do not comply with Federal Aviation Administration rules or regulations. 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. Polic 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. b), are consistent with the requirements of Sec. 333.03(1)(c) F.S. ci 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. d) 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. ej 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 t'ntergaveninI Element Amended: October 18, 2011 8 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 address this deficiency the City proposes to include a new Policy 5.5 to read as follows, and to renumber the subsequent existing policies as appropriate: 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). No additional data or analysis are needed to support this proposed amendment. 9 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, Florida 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: Policy 5.5 Policy 575 5.6: 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 part of the review process for school concurrency. 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). 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 10 Policy 576 5.7: Policy 5 5.8: Policy 5:8 5.9: Evaluation and Appraisal -Based Amendment, 2013 ICE 7 -5 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. 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. 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 11