Loading...
1991-03-19 Morell to City _v_ Michael Wm. Morell Attorney at Law 705 Forest Lair Tallahassee, FL 32312-1744 (904) 668-7274 March 19, 1991 Hand Delivered Chairman of Local Planning Agency c/o City Hall City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 34974 Re: Written Objection to City of Okeechobee Comprehensive Plan Dear Mr. Chairman: I represent Mr. Frank Altobello. Mr. Altobello is a resident of the City of Okeechobee, does business within the City, and is the owner of a parcel of property located within the City which fronts on the west side of Taylor Creek near the south city limits. Mr. Altobello has participated in the governmental review and adoption proceedings for the City's comprehensive plan and has submitted oral objections during the course of those proceedings . In accordance with the City's Comprehensive Plan Public Participation Procedures and Section 163 . 3181, Florida Statutes, and in order to satisfy the written objection requirement contained in Section 163 . 3184, Florida Statutes (which requires Mr. Altobello to establish his standing before the City adopts its plan in order to protect his rights if he later decides to intervene in plan review proceedings in support of the City, or challenge the City's adopted local comprehensive plan) , the purpose of this letter is to object in writing on behalf of Mr. Altobello. In addition to the oral objections made by Mr. Altobello during the course of earlier plan review and adoption proceedings, Mr. Altobello further submits the following written objections: OBJECTION 1. We object to the designation of Mr. Altobello's parcel of property on Map 1. 2 as an "area with severe limitations" at page 19 of the Future Land Use Element Data and Analysis submitted to DCA in September 1990. Pursuant to revised Policy 2 .2 of the Future Land Use Element, other policies contained in the City's proposed Plan, and other statements in the Data and Analysis including the statement at page 5 of the Data and Analysis that vacant or undeveloped land represents a valuable asset in terms of planning for future development, Mr. Altobello's property adjacent to Taylor Creek may be developed in a manner which recognizes his private property rights, minimizes damage to natural systems, Chairman of the Local Planning Agency March 19, 1991 Page Two ensures the structural integrity of all man-made facilities and furthers other plan goals, objectives and policies . Therefore, we request that the "area with severe limitation" designation be removed from Mr. Altobello's property on Map 1.2. OBJECTION 2. We object to the description of "much" of the City of Okeechobee's supply of vacant/undeveloped land as "present[ing] significant constraints to development" at page 8 (in the first paragraph under Analysis of Vacant Land) of the Future Land Use Element Data and Analysis submitted to DCA in September 1990 . Therefore, we recommend that the following language in the first sentence of this paragraph be deleted from the Data and Analysis: ", although much of it presents significant constraints to development" . OBJECTION 3. We object to the reference to Map 1.2 as "show[ing] areas prone to flooding, and soils with severe development restrictions" at page 8 (in the first paragraph under Analysis of Vacant Land) of the Future Land Use Element Data and Analysis submitted to DCA in September 1990 . Therefore, we recommend that the following language in the last sentence of this paragraph be deleted from the Data and Analysis: ", while Map 1.2 (page 19) shows areas prone to flooding, and soils with severe development restrictions" . OBJECTION 4. We object to the statement that vacant lands adjacent to Taylor Creek "have not previously been developed because they represent the creek's historic floodplain" at page 8 (in the first paragraph under Topography) of the Future Land Use Element Data and Analysis submitted to DCA in September 1990. Therefore, we recommend that the third sentence of this paragraph be deleted. OBJECTION 5. We object to the following language which appears at page 9 (in the first paragraph under Soil Types) of the Future Land Use Element Data and Analysis submitted to DCA in September 1990: "Many of the city's larger vacant areas are underlain by soil types posing severe limitations to development. Vacant lands in the Taylor Creek area are made up of Placid- Pamlico-Delray and Pompano-Charlotte-Delray-Immokalee soil associations, which are poorly drained sandy soils, and the latter soil association in particular has a high shrink-swell potential as weather conditions vary from wet to dry" . It appears that the above-quoted language and other language which suggests the limited development potential of soils quoted and objected to in objections 1 - 4 above, was taken from the General Soil Map contained in Soil Survey of Okeechobee County completed by the USDA Soil Conservation Service in 1971. Although Table 7 at page 50 titled "Degree of soil limitation for selected Chairman of the Local Planning Agency March 19, 1991 Page Three nonfarm uses and the chief limiting properties" , generally designates certain "groups" of soils as presenting limitations for development, more specific data, analysis and maps and soil types elsewhere in the soil survey qualify the limitations on development derived from Table 7 . For instance, at page 2 of the survey the use of the general soil map is qualified as " [N]ot a suitable map for. . .selecting the exact location of. . .a structure, because the soils in any one association ordinarily differ in slope, depth, drainage, and other characteristics that affect their management" . The more specific data with regard to Mr. Altobello's property is located on the "Detailed Soil Map" at Sheet 64 which designates more specific soil types than the general groups and associations used in Table 7 . Sheet 64 shows soil on Mr. Altobello's property to consist of largely Delray fine sand with a "low shrink-swell potential" (see Table 5 at pages 42-43) . Sheet 64 also shows "Made land" on Mr. Altobello's property resulting from spoil material removed from Taylor Creek during channel excavation. "Made land" has been expressly excluded from Table 7 . Also, subsequent to 1971, additional fill from channelization has been placed on Mr. Altobello's property further enhancing the development capacity of soil located on the property. Therefore, based on the more specific data and analysis contained in the 1971 soil survey and the fact that additional fill has been placed on Mr. Altobello's land since the survey was completed, we recommend that the above-quoted language in the first paragraph under Soil Types at page 9 of the Data and Analysis submitted to DCA in September 1990 be deleted or rewritten to recognize the suitability of soils for development that are located on Mr. Altobello's property. OBJECTION 6. Mr. Altobello objects to the language contained in subsections (a) and (b) of revised Policy 2 .2 of the Future Land Use Element Goals, Objectives and Policies which recognizes that in addition to U.S . Soil Conservation Service data "other source of best available data" will be shown on a certified survey supplied by the applicant which will be the basis for the Environmental Site Review. Section 163 .3177 (8) , Florida Statutes, provides that all elements of the plan "shall be based upon data appropriate to the element involved" . (Emphasis supplied) Section 163 .3177 ( 10) (e) further provides that the "Legislature intends that goals and policies be clearly based on appropriate data" . (Emphasis supplied) Therefore, we recommend that Subsections (a) and (b) of revised Policy 2.2 be deleted and the following new subsections be inserted: (a) appropriate data indicating whether soils are suitable for building construction; (b) appropriate data indicating whether soils are suitable for the use of septic tanks (if the site will not be served by public sanitary sewer facilities at the time of development. Thank you for your time and consideration. Chairman of the Local Planning Agency March 19, 1991 Page Four Sincerely, ()14aCitb- la Michael Wm. Morell Altobello/Jennings Proposed Amendment To Revise Policy 2 .2 Policy 2 .2: 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 will protect private property rights . In implementing the Comprehensive Plan, the city will ensure that its land development regulations protect the use and value or private property from adverse impacts of incompatible land uses, activities and hazards . Planning for land use and public facilities in the city will consider private property rights, and ensure citizens input into government land use decisions affecting property rights . By September 1991, the city will adopt land development regulations establishing an Environmental Site Review process to be applied to all development proposals . The Environmental Site Review will identify environmentally sensitive areas and conditions limiting development potential, prescribe measures to minimize damage to natural systems, and ensure the structural integrity of all man-made facilities . The Environmental Site Review will be based on the following information, to be shown on a certified survey supplied by the applicant: a.) .areas rat ed._by the—U.S. Soi.1-Cause ation. Service.,...-or of her•--eeuree-- o f--bes t---ava--r-l-able---data, as -having Severe--ar- Very Severe--1-im-ita-t-ions-for--bui-lding construction; a) appropriate data indicating whether soils are suitable for building construction; b}-areas rated--b-y- the •-U•.-S•. --Soll -Co,nserva-tion.-.-Service, _or e #e --seuree—e-€—Hest--ava-flab-ie -d-a-t�;---•a s---hav ng--Seve-re- ep aeons---der•-..trse-_of°._sept-is__tanks.._(-.if-the--site - not e---•served--by—pub-i-fe^---sanitary sewer facilities -at. the time of development—y; b) appropriate data indicating whether soils are suitable for the use of septic tanks (if the site will not be served by public sanitary sewer facilities at the time of development) ; c) areas designated by the South Florida Water Management District and/or the Department of Environmental Regulation as jurisdictional wetlands; d) types and approximate locations of wetlands areas shown on National Wetlands Inventory maps (U.S. Department of the Interior, Fish and Wildlife Service) ; e) existing wetlands on-site as of survey date; and f) types and location of existing vegetation. Using the submitted information, the city will formulate for each development proposal an appropriate list of conditions for development approval . The conditions will be developed by the City Administrator or his designee, in consultation with City Council, and will address the following objectives, where applicable: a) preventing the degradation of water quality in Taylor Creek; b) protecting groundwater quality, particularly in the vicinity of municipal wells; c) preserving existing wetlands areas; d) avoiding the disturbance of natural drainage features; e) preserving habitat for endangered and/or threatened wildlife species, if such species are known to be present in the areas; and f) preventing property damage due to flooding, soil compaction, or other physical conditions of the site. Building permit applications for single-family residential structures shall be exempted from the Environmental Site Review process .