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1107 Comp Plan/Limited Ag/Transmittal Pkg & Response/2 of 2City of Okeechobee Proposed Comprehensive Plan Amendment Package for Expedited State Review Transmittal Public Hearing: January 21, 2014 Prepared by: 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 Transmittal letter Proposed Ordinance No. 1107 Support Documents Memo to the Mayor and City Council dated January 9, 2014 Memo to the Planning Board (LPA) dated August 27, 2013 February 5, 2014 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 Reference: City of Okeechobee Proposed Comprehensive Plan Amendments (Expedited Review) Dear Mr. Eubanks: The City of Okeechobee Local Planning Agency (LPA) held public hearings regarding the proposed text changes to the Future Land Use, Element of the Comprehensive Plan on September 19, 2013 and forwarded its recommendation to the City Council for transmittal of the Plan Amendments to the State Land Planning Agency for its review. On January 21, 2014, the City Council held a transmittal public hearing, at which time the Council authorized transmittal of the Comprehensive Plan Amendment for an E xpedited Review as set forth herein, along with other required documentation. Pursuant to the State Expedited 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 No. 1107 Sections 1 and 2 of the ordinance contain the proposed text amendments, in strike - through /underline format, to the Future Land Use Element of the Comprehensive Plan. • Support documents and summaries on which the LPA and Council recommendations were based. Memo to the Mayor and City Council dated January 9, 2014. Memo to the Planning Board (LPA) dated August 27, 2013. A copy of the Comprehensive Plan Amendment package and this transmittal letter have been submitted to the following agencies (via email or printed copy) on the above captioned date: • 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 infor;,larueplanning.com In summary, the Plan Amendment involves modifying text in the Future Land Use Element to provide for limited agricultural use in the Single - Family Residential, Multi - Family Residential, Mixed Use Residential and Industrial Future Land Use Categories (FLUCs). The Amendment also modifies the text in each of the City's six FLUCs to include a more detailed listing of uses and zoning districts that are allowable within and implement the purposes of each FLUC. There are no proposed land use changes to the FLUM. It is anticipated the proposed Amendment will be adopted in April 2014. The proposed Plan amendment package is not applicable to an area of critical state concern. The contact person for this Plan Amendment for the City of Okeechobee is: James G. LaRue, AICP, Planning Consultant LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206, Fort Myers, FL 33901 239 - 334 -3366 * FAX: 239 - 334 -6384 E -Mail: jim @larueplanning.com The Plan Amendment package and the Comments 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 President (Hide rernrnema Siitcr t98f 2 ORDINANCE NO. 1107 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR A DEFINITION OF LIMITED AGRICULTURE; AMENDING POLICY 2.1 OF THE FUTURE LAND USE ELEMENT BY LISTING THE ALLOWABLE USES AND APPROPRIATE ZONING DISTRICTS FOR THE SINGLE - FAMILY RESIDENTIAL, MULTI - FAMILY RESIDENTIAL, MIXED USE RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND PUBLIC FACILITY FUTURE LAND USE CATEGORIES; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Community Planning Act of 2011 provides for communities to amend their adopted comprehensive plan following the expedited state review process; and WHEREAS, the proposed amendments qualify to be submitted under the expedited state review process; and WHEREAS, Planning Staff has prepared proposed amendments identifying uses and zoning districts that are appropriate to implement the purposes of the various Future Land Use Categories in the Comprehensive Plan and provided data and analysis supporting the proposed amendments; 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 September 19, 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 NOW, THEREFORE, be it ordained before the City Council of 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 Comprehensive Plan by adding to the List of Definitions a definition for the term Limited Agriculture, to read as follows: Limited Agriculture: Commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of hogs. sheep, and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale. SECTION 2. That the City Council for the City of Okeechobee, Florida amends herein the Future Lane Use Element of the Comprehensive Plan by modifying Policy 2.1 a -d to read as follows: Policy 2.1: The following land use designations are established for the purpose of managing future growth: a) Single- Family Residential. Permitted uses include single - family dwellings, mobile home parks, houses of worship, public and private schools, arid public facilities, limited agriculture and accessory uses customary to permissible uses. Other uses related to and consistent with low density residential Language to be added is underlined Language to be deleted is struck through Ordinance No. 1107 - Page 1 of 6 development such as boarding houses, bed and breakfasts, adult family care homes, assisted living facilities, community centers, indoor and outdoor recreation and public utilities may be permissible under certain circumstances. 1. 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. 2. Zoning districts considered appropriate within this future land use category include Rural Heritage (RH), Residential Single - Family One (RSF 1), Residential Mobile Home (RMH). and Residential Planned Unit Development (PUD -R). b) Multi - Family Residential. Permitted uses include all uses listed as permissible in the Single - Family Residential future land use category plus apartments, duplexes, condominiums, and public facilities, limited agriculture. and accessory uses customary to permissible uses. 1. 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 multifamily development shall be 11 units per acre. 2. Zoning districts considered appropriate within this future land use category include RH, Residential Single - Family Two (RSF 2), Residential Multiple Family (RMF), and PUD -R. 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. 1. All new development within the Residential Mixed Use Category shall be required to be zoned Mixed Use Planned Unit Development PUD -M 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 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 Language to be added is underlined Ordinance No. 1107 - Page 2 of 6 Land Uses in Mixed Use 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 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 percent of the gross area within the Residential Mixed Use Category. Intensity/ and density standards for all uses within this category are set forth in the Intensity /Density table below: Minimum % Land Use Mix Maximum % Land Use Mix Maximum Density /Intensi Residential 45% 50% 7.5 gross du /ac Commercial /Non- residential' 10% 15% .35 FAR' Open Space 40% 53% .25 FAR' 'Floor Area Ratio d. Limited Agriculture. The foregoing use limitations not- withstanding, limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development. et e. 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 percent of the property within the Residential Mixed Use Category. Golf course fairways will account for no more than 50 percent 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 f.. 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 Language to be added is underlined Language-to be dcicted is struck through Ordinance No. 1107 - Page 3 of 6 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 loss due to 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 v. The storage, mixing and loading of fertilizer and pesticides will be designed to prevent/minimize the pollution of the natural environment. # g_ 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. Language to be added is underlined Language to be delcted is struck through Ordinance No. 1107 - Page 4 of 6 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 the full range of offices, retail, personal and business servicesautomotive, wholesale, warehousing, and related commercial activities, and accessory uses customary to permissible uses. : :.: ' Other uses related to and consistent with commercial development such as houses of worship, public facilities, public utilities, communications facilities, hospitals, group homes, adult family care homes, assisted living facilities, and limited residential use associated with a commercial building, may be permissible under certain circumstances. 1. 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 percent of the site. 2. Zoning districts considered appropriate within this future land use category include Commercial Professional Office (CPO), Light Commercial (CLT). Heavy Commercial (CHV) and Central Business District (CBD). e) Industrial. Permitted uses include large -scale manufacturing or processing activities, alse- permitted- are - business offices and schools, wholesaling and warehousing, public facilities, public utilities, limited retail and service uses, and off -site signs, limited agriculture, and accessory uses customary to permissible uses. Other uses related to and consistent with industrial development such as adult entertainment, salvage yards, fortunetellers, bulk storage of hazardous materials and manufacturing of chemical or leather products may be permissible under certain circumstances. 1. Industrial 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 percent of the site. 2. Zoning districts considered appropriate within this future land use category include only RH and Industrial (IND). f) Public Facility. Permitted uses include public facilities and uses such as parks, schools, government buildings, fire stations , and other recreational and non - recreational public properties, and accessory uses customary to permissible uses. 1. The maximum impervious surface for development within this category shall not exceed 85 percent of the site. Language to be added is underlined Language to be- dcletcd is struck through Ordinance No. 1107 - Page 5 of 6 2. Only the Public Use (PUB) Zoning district is considered appropriate within this future land use category. 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 a 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 31 days after the State Land Planning Agency notifies the local government that the plan amendment package is complete. If timely challenged, 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 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 of the ordinance for transmittal in accordance with Chapter 9J -11 FAC and F.S. 163.3184(15), at a public hearing this 21$` day of January, 2014. ATT (26.— Lane Gamiotea :MC, City Clerk James. E. Kirk, Mayor PASSED AND ADOPTED on Second and Final Public Hearing this _ day of 2014. 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. 1107 - Page 6 of 6 Planning Management Services, Inc. Memorandum To: Honorable Mayor and City Council From: Bill Brisson Date: January 9, 2014 Subject: Materials on proposed changes to the Comprehensive Plan as recommended by the LPA at its public hearing on September 19, 2013. As a result of the July 18th joint workshop meeting of the City Council and the Planning Board, the Planning Board, sitting as the Local Planning Agency (LPA), held a public hearing on September 19, 2013 and recommends to the City Council the adoption of the following changes to the Future Land Use Element of the Comprehensive Plan. The following text provides summaries of the proposed changes. The specific text changes to the Comprehensive Plan follow the summary. Summary of Proposed Amendments to the Comprehensive Plan A. Add definition for the term "Limited Agriculture ". B. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the Single - Family Residential future land use category (FLUC) to: (1) provide a more detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC, one of which is "limited agriculture." (2) include a listing of the Zoning Districts that are appropriate to implement the purpose of FLUC, one of which is the new RH District. C. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the Multi - Family Residential FLUC to: (1) provide a more detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC, one of which is "limited agriculture." (2) include a listing of the Zoning Districts that are appropriate to implement the purpose of FLUC, one of which is the new RH District. D. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the Mixed Use Residential FLUC to identify that "limited agriculture" is a permissible interim use in the FLUC. 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 E. Modify the text of Policy 2.1 of the Future Land U se Element as it applies to the Commercial FLUC to: (1) provide a more detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC. (2) include a listing of the Zoning Districts that are appropriate to implement the purpose of FLUC. F. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the Industrial FLUC to: (1) provide a more detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC, one of which is "limited agriculture." (2) include a listing of the Zoning Districts that are appropriate to implement the purpose of FLUC, one of which is the new RH District. G. Modify the text of Policy 2.1 of the Future Land Use Element as it applies to the Public Facility FLUC to: (1) provide a more detailed and appropriate listing of the uses that are allowable in and appropriate to the FLUC. (2) include a listing of the Zoning Districts that are appropriate to implement the purpose of FLUC. Serving Florida Local (.nveruments Since 1988 I. PROPOSED CHANGES TO THE COMPREHENSIVE PLAN This section deals with the proposed changes to the Comprehensive Plan as they relate to allowable uses in the various future land use categories. New text is underlined and text proposed to be deleted is shown in strikeout format. For emphasis, we have highlighted those changes that relate to the issues revolving about limited agriculture and /or properties that are currently shown as "H- Holding" on the City's Zoning Map. The table and accompanying tabloid size color map at the end of this Memorandum provide basic information on the properties in the City that are potentially affected by these changes. A. Changes to the List of Definitions in the Comprehensive Plan To implement the changes to Policy 2.1, covered in subsection B, following, we propose to add a definition for the term "Limited Agriculture" to page 14 -7 of the List of Definitions in the Comprehensive Plan, to read as follows: "Limited Agriculture: Commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maxi- mum of three in total number of hogs, sheep, and goats; non- commercial plant and vegetable gardens; and cultivation of hay for use or sale." B. Changes to the Future Land Use Element to provide a more detailed and appropriate listing of the uses and zoning districts that are appropriate in each of the City's Future Land Use Categories. The next six pages show the specific text changes proposed for Policy 2.1 of the Future Land Use Element contained in the City's Comprehensive Plan as amended through December 6, 2011. These changes are intended to accommodate limited agriculture in those future land use categories where lands are presently shown as "H" on the Zoning map; or, lands located in other zoning districts but for which an agricultural exemption has been granted by the Okeechobee Property Appraiser. In addition, we have proposed changes intended to more clearly meet the requirement of Sec. 163.3177(6)(a)1 of the Community Planning Act, that "each future land use category must be defined in terms of uses included... ". For clarity, we have also identified the specific zoning districts that are appropriate in each future land use category. Objective 2: The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established for the purpose of managing future growth: urg Florida Lorai Governments Sink& 1 3 a) Single - Family Residential. Permitted uses are one single family dwelling on each lot and structures accessory to the residential use, include single- family dwellings, mobile home parks, houses of worship, public and private schools, public facilities, limited agri- culture and accessory uses customary to permissible uses. Other uses related to and consistent with low density residential develop- ment such as boarding houses, bed & breakfasts, adult family care homes, assisted living facilities, community centers, indoor and outdoor recreation and public utilities may be permissible under certain circumstances. 1. 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. 2. Zoning districts considered appropriate within this future land use category include RH, RSF 1, RMH, and PUD -R. b) Multi - family Residential. Permitted uses include all uses listed as permissible in the Single- Family Residential future land use cate- gory plus apartments, duplexes, condominiums, houses, zero lot line single family dwellings, public facilities, limited agriculture, and accessory uses customary to permissible uses. 1. 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. 2. Zoning districts considered appropriate within this future land use category include RH, RSF 2, RMF, and PUD -R. Serving Frond. 14 .il Govr rant ents Since 1%18 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. 1. All new development within the Residential Mixed Use Category shall be required to be zoned PUD -M 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 resi- dential types, recreational amenities, civic spaces and conveni- ence 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. Serving Florida Ioc:31 t1r»ernine nis since 198s 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/ and density standards for all uses within this category are set forth in the Intensity /Density Table below: 5 Percent Aggregate Land Use Mix Within the Mixed Use Future Land Use Map Category Land Uses in Mixed Use Maximum Minimum % % Land Use Land Use Mix 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 (1) (1) Floor Area Ratio d. Limited Agriculture. The foregoing use limitations not- withstanding, limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development. d e. 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 fifty percent (50 %) of the open space of the subject Residential Mixed Use Cate- gory. No development (residential /commercial) structures are intended, but only recreation oriented buildings and /or structures. e f. The owners will employ management strategies in and around any golf course to address the potential for pesticide /chemical pollution of the groundwater and sur- face water receiving areas. The management practices will include: 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 pesti- cides 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 Serving Florida Loral Clncernnaents since 1985 use of the United States Department of Agriculture Soil Conservation Services Soil Pesticide Inter- action Guide to select pesticides that have a mini- mum potential for leaching or loss due to runoff depending on the site - specific soil conditions; iii. The coordination of the application of pesticides with the irrigation practices (the timing and applica- tion 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 func- tions. 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 v. The storage, mixing and loading of fertilizer and pesticides will be designed to prevent /minimize the pollution of the natural environment. 4-g. 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. Serv9ne Florida Ioca1 Go% ern mvnts tiince I 98 7 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 the full range of retail, personal and business services, offices, automotive, wholesale, warehousing, related commercial activities, and accessory uses customary to permissible uses. Also permitted are public facilities Other uses related to and consistent with commercial development such as houses of worship, public facilities, public utilities, com- munications facilities, hospitals, group homes, adult family care homes, assisted living facilities, and limited residential use associ- ated with a commercial building, may be permissible under certain circumstances. 1. 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. 2. Zoning districts considered appropriate within this future land use category include CPO, CLT, CHV and CBD. Serving Florida Local c:overnmerits since l98K e) Industrial. Permitted uses include large -scale manufacturing or processing activities, Also permittcd are business offices and schools, wholesaling and warehousing, public facilities, public utilities, limited retail and service uses, and off -site signs, limited agriculture, and accessory uses customary to permissible uses. Other uses related to and consistent with industrial development such as adult entertainment, salvage yards, fortunetellers, bulk storage of hazardous materials and manufacturing of chemical or leather products may be permissible under certain circumstances. 1. Industrial 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. 2. Zoning districts considered appropriate within this future land use category include only RH and IND. f) Public Facility. Permitted uses include public facilities and uses such as parks, schools, government buildings, fire stations, other recreational and non - recreational public properties, and accessory uses customary to permissible uses. 1. The maximum impervious surface for development within this category shall not exceed 85% of the site. 2. Only the PUB Zoning district is considered appropriate within this future land use category. Servtag Florida Loral (:aza'enrmrnis 'incc 1988 9 PROPERTIES ZONED "H, HOLDING" ID Existing Use(s) Location /Addresses FLUM Lot /Parcel Characteristics 1 Vacant lots as well as nine single- family homes and one lot with a triplex and two single family units. Some vacant lots referred to only by street number. Specific addresses include: 1202 NW 13th St., 800, 803, 804, 806, & 810 NW 12th St.• 1109 NW 8th Av - 1100 and 1110 NW 9`h Av.; 800, 802, 804,806, & 808 NW 11th Av. Single- Family 16 lots less than 1 acre 5 vacant lots 1 acre or more 2 Whole block is vacant. Located on NW 7th Ct. between NW 10th and NW 11`h Avenues Single - Family 1 vacant parcel 2.2 acres 3 Whole block is vacant. Located on NW 7th St. between NW 9th and NW 10th Avenues Single- Family 2 vacant parcels, each 2.2 acres 4 All properties are vacant. Property is improved pasture referred to only by street number and located between SW 2nd and 9`h Streets just east of SW 10th Av. Single- Family 1 vacant parcel @ 13.9 acres; 1 vacant parcel @ 13.3 acres 5 Two single- family units on small lot, large parcel is vacant. 517 SW 2151 St.; balance of property has no specific address but is located in southwest most part of City on north side of SW 23rd St. Single- Family 1 vacant parcel @12.9 acres; 1 parcel 1.5 acres, both under same ownership 6 Vacant Improved pasture between SE 8th and 13th Streets west of Taylor Creek Residential Mixed Use 1 vacant parcel @ 32.5 acres 7 Western strip of this lot is part of the parking for the commercial office use immediately to the west and owned by the same entity. 815 South Parrott Av. Single- Family Parcel is 2.2 acres part of which is used for a parking lot for adjacent property. 8 Single Family 1105 SE 9th Dr. Sams y 1 vacant 2.2 acre parcel 9 Vacant Westernmost parcel is 802 SE 10th Av.; parcel to east has no address. Single- Family 1 vacant parcel @ 4.7 acres; 1 vacant parcel @ 9.9 acres, both under same ownership 10 Vacant No address; located south of NE 4th St. west of Taylor Creek. Single- Family 1 vacant lot of less than one acre 11 Vacant No address; large tract located east of Taylor Creek to City limits and south of the railroad track. Single Family 1 vacant parcel @ 56.4 acres 12a Accessory building to single - family use 649 NE 6`h St. Single- Family 1 vacant lot less than one acre 14 All vacant No addresses; all properties are vacant and located between NE 9`h & 11 Streets and NE 3rd & 5`h Avenues. Single- Family 11 vacant lots less than one acre 15 Al! vacant Only one parcel has an address, 150 NE 13th St.; the balance of the parcels have no addresses; they are located between NE 14`h and 12th Streets west of Taylor Creek. Single- Family 12 vacant lots less than one acre 1 lot @ 1.1 ac. PROPERTIES NOT ZONED "H ", BUT WITH AGRICULTURAL EXEMPTIONS ID Existing Use(s) Location /Addresses FLUM/ Zoning Lot /Parcel Characteristics A Improved Pasture 3- 16 -37 -35 -0160- 00010 -0050 IND /IND Ag Exemption, 41.9 ac. B Improved Pasture 2- 21- 37- 35 -0A00- 00006 -B000 M -U Res/ PUD -R Ag Exemption, 50.48 ac. C Improved Pasture 2- 21- 37- 35 -0A00- 00042 -B000 MF /RMF Ag Exemption, 0.97 ac. D Improved Pasture 2- 21- 37- 35 -0A00- 00033 -0000 MF /RMF Ag Exemption, 8.92 ac. E Improved Pasture 2- 21- 37- 35 -0A00- 00043 -0000 SF /RSF1 Ag Exemption, 10.13 ac. 10 Serving Fl it Local Governnems Since 1988 Properties Potentially Affected by Proposed Changes unia non J; LiL A bIEti PT I 12a I, H. • 1 *rn, Pa AO 1?-47 F".'"" , k41- 6 SINGLE - FAMILY MULTI - FAMILY COMMERCIAL INDUSTRIAL PUBLIC FACILITIES Horid, I Iv 1 1 1.0,•11I1111111, Planning & Management Services, Inc. Memorandum To: Members of the Planning Board From: Bill Brisson Date: August 27, 2013 Subject: Materials for the September 19th public hearing on changes to the Comprehensive Plan allowing for limited agriculture in certain future land use categories and creation of a "Heritage" Zoning District to replace the old "H- Holding" District. As a result of the July 18th joint workshop meeting of the City Council and the Planning Board to discuss the matter and means of allowing limited agriculture within the City, consensus was reached along the lines of the following: 1. Amend the Comprehensive Plan to allow limited agriculture in the appropriate future land use categories to address existing lands in the City where agricultural activities have been and continue to be active; and, create a new zoning district that would allow limited agriculture on parcels that are currently zoned "H" Holding. 2. The new zoning district should be named in a manner that recognizes the agricul- tural heritage of certain properties in the City and that is more representative of its purpose than the prior "Holding District" title. This new district should be created after reviewing the "Heritage District" approach used by Martin County. While there was a consensus to use a district title along the lines of "Heritage District ", this was not unanimous. 3. This new zoning district should only be available to properties currently designated "H" on the Zoning Map and no other properties will be able to apply for this zoning category in the future. 4. The uses allowable in the new district will be very limited, probably only to agriculture and single - family use. 5. It was also agreed that we should consider ways to "grandfather" or otherwise allow continued agricultural use on the five parcels in the City that are not zoned "H" but have been identified as having been granted agricultural exemptions from the County Property Appraiser. 6. It was decided that, as a separate topic, the Planning Board will consider changes to the provisions of the LDC that relate to animals and noncommercial agricultural uses, most particularly in the RSF1 district. These could include minimum lot/parcel size, number and types of animals allowable, etc. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239- 334 -3366 www.larueplanning.com I. RECOMMENDED CHANGES TO THE COMPREHENSIVE PLAN This section deals with the proposed changes to the Comprehensive Plan as they relate to allowable uses in the various future land use categories. Those changes related to agricultural uses that are the result of the July 18th joint City Council — Planning Board Workshop are highlighted. Other changes previously reviewed and approved by the Planning Board are shown in strikeout and underline format, but are not highlighted. The 11" X 17" color map and accompanying table at the end of this Memorandum provide basic information on the properties in the City that are potentially affected by the changes to be discussed at the upcoming public hearing. A. Changes to the List of Definitions in the Comprehensive Plan To implement the changes to Policy 2.1, covered in subsection B, following, we propose to add a definition for the term "Limited Agriculture" to page 14 -7 of the List of Definitions in the Comprehensive Plan, to read as follows: "Limited Agriculture: Commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maximum of three in total number of hogs, sheep, and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale." B. Changes to the Future Land Use Element to allow limited agriculture in the Single - Family, Multi - Family, Industrial, and Mixed -Use Residential future land use categories. The next six pages show the specific text changes proposed for Policy 2.1 of the Future Land Use Element contained in the City's Comprehensive Plan as amended through December 6, 2011. These changes are intended to accommodate limited agriculture in those future land use categories where lands are presently shown as "H" on the Zoning map; or, lands located in other zoning districts but for which an agricultural exemption has been granted by the Okeechobee Property Appraiser. In addition, we have proposed changes intended to more clearly meet the requirement of Sec. 163.3177(6)(a)1 of the Community Planning Act, that "each future land use category must be defined in terms of uses included..." . For clarity, we have also identified the specific zoning districts that are appropriate in each future land use category. S,rrdit, I kirida Local G■se r nittetIts Since 1988 2 Objective 2: Policy 2.1: 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, include single- family dwellings, mobile home parks, houses of worship, public and private schools, public facilities, limited agriculture and accessory uses customary to permissible uses. Other uses related to and consistent with low density residential development such as boarding houses, bed & breakfasts, adult family care homes, assisted living facilities, community centers, indoor and outdoor recreation and public utilities may be permissible under certain circumstances. 1. 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. 2. Zoning districts considered appropriate within this future land use category include RH, RSF 1, RMH, and PUD -R. b) Multi- family Residential. Permitted uses include all uses listed as permissible in the Single- Family Residential future land use category plus apartments, duplexes, condominiums, single family houses, zero lot line single family dwellings, public facilities, limited agriculture, and accessory uses customary to permissible uses. 1. 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. 2. Zoning districts considered appropriate within this future land use category include RH, RSF 2, RMF, and PUD -R. 3 Se ¢ Florida Loral (tt:t nments Since 1988 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. 1. All new development within the Residential Mixed Use Category shall be required to be zoned PUD -M 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 resi- dential types, recreational amenities, civic spaces and conveni- ence 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. Serving Florid. Lrxrii Sin« I98 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/ and density standards for all uses within this category are set forth in the Intensity /Density Table below: 4 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 (') Open Space 40% 53% .25 FAR (1) (') Floor Area Ratio d. Limited Agriculture. The foregoing use limitations not- withstanding, limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development. d e. 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 fifty percent (50 %) of the open space of the subject Residential Mixed Use Cate- gory. No development (residential /commercial) structures are intended, but only recreation oriented buildings and /or structures. e f. The owners will employ management strategies in and around any golf course to address the potential for pesticide /chemical pollution of the groundwater and sur- face 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 pesti- cides 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 • ..tult4.14 5 Serving 1 loric4a Local orernnreat[s 4i ice I9$M use of the United States Department of Agriculture Soil Conservation Services Soil Pesticide Inter- action Guide to select pesticides that have a mini- mum potential for leaching or Toss due to runoff depending on the site - specific soil conditions; iii. The coordination of the application of pesticides with the irrigation practices (the timing and applica- tion 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 func- tions. 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 v. The storage, mixing and loading of fertilizer and pesticides will be designed to prevent/minimize the pollution of the natural environment. €-g. 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. Serving Florida Loral Gi ? +ernmrnt ince 198!+ 6 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 the full range of retail, personal and business services, offices, automotive, wholesale, warehousing, related commercial activities, and accessory uses customary to permissible uses. Also permitted are public facilities Other uses related to and consistent with commercial development such as houses of worship, public facilities, public utilities, communications facilities, hospitals, group homes, adult family care homes, assisted living facilities, and limited residential use associated with a commercial building, may be permissible under certain circumstances. 1. 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. 2. Zoning districts considered appropriate within this future land use category include CPO, CLT, CHV and CBD. e) Industrial. Permitted uses include large -scale manufacturing or processing activities, Also permitted aro business offices and schools, wholesaling and warehousing, public facilities, public utilities, limited retail and service uses, and off -site signs, limited agriculture, and accessory uses customary to permissible uses. Other uses related to and consistent with industrial development such as adult entertainment, salvage yards, fortunetellers, bulk storage of hazardous materials and manufacturing of chemical or leather products may be permissible under certain circumstances. Sercine Florida Loral .itivernnrents since 1988 7 Scram} Florida Loci e wI IA sine 1. Industrial 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. 2. Zoning districts considered appropriate within this future land use category include only RH and IND. Public Facility. Permitted uses include public facilities and uses such as parks, schools, government buildings, fire stations, other recreational and non - recreational public properties, and accessory uses customary to permissible uses. 1. The maximum impervious surface for development within this category shall not exceed 85% of the site. 2. Only the PUB Zoning district is considered appropriate within �>t this future land use category. 8 II. PROPOSED CHANGES TO THE LDR's We suggest two separate approaches to the issues at hand. One addresses properties presently shown as "H" on the Zoning Map. The second addresses the five parcels not zoned "H ", but identified as having been granted agricultural exemptions by the Okeechobee Property Appraiser. A. Create a new "Rural Heritage" Zoning District The following presents the proposed new RH, Rural Heritage, zoning district to be applied to lands currently shown as "H" on the Zoning Map and which are designated Single - Family on the Future Land Use Map (FLUM). This new district is very similar to the re- created version of the old H- Holding District proposed earlier in the year and discussed by the Planning Board at its May 16th Public Hearing. Please be aware that the actual name of the new district could take any number of forms along the lines of the suggested "Rural Heritage ". These could include Agricultural Heritage, Heritage Agriculture, Limited Agriculture, etc. While a name can be important, settling on one particular name at this time is not critical. It can be easily changed at any time. As suggested at the July 18th meeting, we have reviewed the "Rural Heritage designation" employed in Martin County. This is not a zoning district, but a Future Land Use designation. Martin County's purpose in creating this designation is different from that of Okeechobee. Specifically, Martin County uses this future land use designation to: "... protect these areas by assigning reasonable development options consistent with the agricultural character of the area "... and "to preserve the area's rural character". Okeechobee, on the other hand, is primarily interested in retaining a property owner's right to continue agricultural use on a property that, as a result of prior City actions, might no longer be allowed. Consequently, other than to perhaps incorporate a name similar to that used in Martin County, we have not modified the district regulations included in our memorandum for the July Joint City Council — Planning Board Workshop. In fact, only Sec. 90 -434 (a) and (b) differ from that earlier draft. 9 Serving FI, ritla LOCa1 (.aw ern tile nts Since 1988 DIVISION 15. RURAL HERITAGE (RH) DISTRICT Sec. 90 -434. Generally (a) There are, within the city, parcels of land or ownerships (even though technically subdi- vided) that are presently undeveloped or used for agricultural purposes and were formerly zoned H- Holding, a zoning district no longer in existence. The City wishes to preserve the potential for limited agricultural use on these properties through creation of the RH District. (b) The RH zoning district may be applied only to lands designated Single - Family Residential, Multi- Family Residential, Mixed Use Residential, and Industrial on the future land use map of the comprehensive plan. (c) Uses in the RH district shall be subject to the regulations of this division. Sec. 90 -435. Permitted uses. The following principal uses and structures are permitted in the RH district: (1) Detached single - family dwellings. (2) Limited agricultural uses and associated structures for the commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maximum of three in total number of hogs, sheep, and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale. Sec. 90 -436. Special exception uses. The following uses and structures are permitted in the RH district after the issuance of a special exception use petition. (1) Permitted uses in excess of 30 feet in height. (2) Reserved Sec. 90 -437. Customary accessory uses. Each permitted principal use and special exception use in the RH district is also permitted to have the customary accessory structures uses for that use. Sec. 90 -438. Lot and structure requirements. (a) Minimum lot area. Except where further restricted by these regulations for a particular use, minimum requirements for the RH district shall be as follows: Serving Florida ocil Gorernntents Since 198S 10 (1) Single- family dwelling: (2) Other permitted principal uses and structures: Area two (2) acres Width 200 feet a. commercial or noncommercial boarding, raising, and grazing of horses and cattle; Area one (1) acre per animal b. non - commercial raising or keeping of hogs, sheep, and goats; Area one (1) acre per animal c. None, except as needed to meet all other requirements set forth herein. (b) Minimum yard requirements. The minimum yard requirements in the H district, except where greater distance is required by yard setbacks, shall be as follows: (1) Single- family dwelling: (2) Other permissible structures: (c) Maximum lot coverage by all buildings. Front 25 feet Side 10 feet Rear 10 feet Waterfront 20 feet Front 25 feet Side 20 feet Rear 20 feet Waterfront 20 feet (1) Single- family dwelling: 45% (2) Other permissible principal uses: 45% (d) Maximum impervious surface. (1) Single- family dwelling: 55% (2) Other permissible principal uses: 55% (e) Maximum height of structures. (1) Single- family dwelling: (2) Other permissible principal uses: 30 feet 30 feet erring Florida Lo. nments Since 1988 B. Add a definition for limited agriculture and allow limited agriculture in the RSF1, RMF, IND and PUD -R Districts In order to implement the new RH District and to allow the continuation of the uses for which the County Property Appraiser has approved agricultural exemptions, we recommend the following changes to the LDC: 1. Amend Sec. 66 -1 to add a new definition for "Limited agriculture" to read as follows: Limited agriculture means commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maximum of three in total number of hogs, sheep, and goats; noncom- mercial plant and vegetable gardens; and cultivation of hay for use or sale. 2. Amend Sec. 90 -102 by adding a new item (6) to the list of permitted uses in the RSF 1 District, to read as follows: (6) Limited agriculture on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than 2013. 3. Amend Sec. 90 -192 by adding a new item (8) to the list of permitted uses in the RMF District, to read as follows: (8) Limited agriculture on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than 2013. 4. Amend Sec. 90 -342 by adding a new item (29) to the list of permitted uses in the IND District, to read as follows: (8) Limited agriculture on properties on which there is an active agricultural exemption, which was granted by the Okeechobee Property Appraiser not later than , 2013. 5. Amend Sec. 90 -417 by adding a new item (7) to the list of permitted uses in the PUD -R District, to read as follows: (8) Limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development. rvirt }; ; ■vernntenis Since I988 12 3NDEPENDENT _ NEWSPAPERS OKEECHOBEE NEWS J 107 S, W, 1701 Street, Suite 7), 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 1 r ,ty 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. Toni Byrd Sworn to and subscribed before me this day of Notary Public, State of Florida at Large ( ANGIE BaI0cES MY COMMISSION NEE. 177653 EXPIRES: April 20, 2016 ""'a-• •r11• Bonded h Notary Pub80 uraererifer ' Lic i P1 Amex,. �, t \orb (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 Public Hearing on Tuesday, January 21, 2014, at 6 PM or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm -200, Okeechobee, PL, to consider and receive input concerning proposed Ordinance No. 1107, which amends the Comprehensive Plan as follows: • Provide a definition for Limited Agriculture. • Amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for each land use category: Single - Family Residential, Multi - Family Residential, Mixed Use Residential, Commercial, Industrial, and Public Facility, relating to using property for livestock, animals, grazing, gardens, hay, and similar type uses. The proposed amendments will be forwarded in transmittal form to the Florida Department of Economic Opportunity. The Public and all interes d parties, calling SPECIAL ATTENTION TO any 4 -H or F TURE FARMER OF AMERICA MEMBERS who raise LIVEST CK and /or FOWL for Exhibits, LIVESTOCK SHOWS, and /or COUNTY FAIRS; or any PERSONS with LIVESTOCK or FOWL on property within the City Limits are encouraged to attend the meeting and be heard. Comments may be submitted orally or in writing 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 DisabilitiesAct (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 186 JANUARY 21, 2014 • REGULAR MEETING - PAGE 3 OF 12 AGENDA COUNCIL ACTION • DISCUSSION - VOTE VI. VII. VIII. WARRANT REGISTERS - City Administrator. A. Motion to approve the November 2013 Warrant Register: General Fund $417,355.83 Public Facilities Improvement Fund $ 16,832.51 Capital Improvement Projects Fund $ 22,930.00 Community Development Block Grant -ED Fund $ 65,604.48 Law Enforcement Special Fund $ 106.00 B. Motion to approve the December 2013 Warrant Register: General Fund $480,093.45 Public Facilities Improvement Fund $ 95,473.06 Capital Improvement Projects Fund $ 1,232.24 Community Development Block Grant -ED Fund $ 9,281.39 AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARING FOR ORDINANCE TRANSMITTAL • Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 1107 - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. Council Member Watford moved to approve the November 2013 Warrant Register in the amounts: General Fund, four hundred seventeen thousand, three hundred fifty -five dollars and eighty -three cents ($417,355.83); Public Facilities Improvement Fund, sixteen thousand, eight hundred thirty -two dollars and fifty -one cents ($16,832.51); Capital Improvement Projects Fund, twenty -two thousand, nine hundred thirty dollars ($22,930.00); Community Development Block Grant - Economic Development Fund, sixty -five thousand, six hundred four dollars and forty -eight cents ($65,604.48); and Law Enforcement Special Fund, one hundred six dollars ($106.00); seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK -YEA MAXWELL -YEA O'CONNOR -YEA WATFORD •YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the December 2013 Warrant Register in the amounts: General Fund, four hundred eighty thousand, ninety -three dollars and forty -five cents ($480,093.45); Public Facilities Improvement Fund, ninety -five thousand, four hundred seventy -three dollars and six cents ($95,473.06); Capital Improvement Projects Fund, one thousand, two hundred thirty -two dollars and twenty -four cents ($1,232.24); Community Development Block Grant - Economic Development Fund, nine thousand, two hundred eighty -one dollars and thirty -nine cents ($9,281.39); seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK• YEA MAXWELL - YEA O'CONNOR • YEA WATFORD -YEA WILLIAMS • YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE TRANSMITTAL AT 6:20 P.M. Council Member Watford moved to read by title only, proposed Ordinance No. 1107 ; seconded by Council Member Williams. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR • YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AGENDA Vitt. PUBLIC HEARING FOR ORDINANCE TRANSMITTAL CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 1107 by title only. 2. a) Motion to approve for Transmittal to the State Department of Economi Opportunity proposed Ordinance No. 1107, Comprehensive Plan Amendments to provide a definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for all Land Use Categories. b) Public comments and discussion. JANUARY 21, 2014 - REGULAR MEETING - PAGE 4 OF 12 187 COUNCIL ACTION - DISCUSSION • VOTE Attorney Cook read proposed Ordinance No. 1107 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING THE CITY'S COMPREHENSIVE PLAN; PROVIDING FORA DEFINITION OF LIMITED AGRICULTURE; AMENDING POLICY 2.1 OF THE FUTURE LAND USE ELEMENT BY LISTING THE ALLOWABLE USES AND APPROPRIATE ZONING DISTRICTS FOR THE SINGLE-FAMILY RESIDENTIAL, MULTI- FAMILY RESIDENTIAL, MIXED USE RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND PUBLIC FACILITY FUTURE LAND USE CATEGORIES; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERAB!LITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford moved to approve for Transmittal to the State Department of Economic Opportunity proposed Ordinance No. 1107, Comprehensive Plan Amendments to provide a definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1, by listing the allowable uses and appropriate zoning districts for all Land Use Categories; seconded by Council Member O'Connor. City Planning Consultant, Mr. Bill Brisson of LaRue Planning and Management Services, reviewed the proposed ordinance and Planning Staff recommendations. The amendments began when inconsistencies between the Future Land Use and Zoning Maps were identified and outlined in the 2010 Evaluation and Appraisal Report, followed by several Planning Board workshops, hearings, a joint workshop with the Council, and considerable public input. Based on the minutes of September 19, 2013, the Planning Board is unanimously recommending approval. Contained within Exhibit One is a memorandum dated January 9, 2014, from Mr. Brisson, which includes the proposed verbiage for the text amendments, as well as the list of properties currently zoned Holding, those not zoned Holding however, with an Agriculture Tax Exemption, their future land use, existing use, and a map of the City identifying each of the properties. Then, supplemental materials consisting of a summary and explanation of the proposed Land Development Regulation (LDR) amendments, the Planning Board recommendation, and a draft ordinance. The supplemental materials will be considered at a future meeting. However, this was given to assist the Council in their review of how the zoning will be amended and how it coordinates with the Comprehensive Plan. For the record, Council Member Watford noted his family owns property identified on the map, and that he attended the September 19 Planning Board meeting as the Trustee of the property. During the course of discussion, Council was clear they do not want to jeopardize the 4H, Future Farmers of America, or show animal projects, wanting to make sure students will be able to participate in raising their livestock animals. Nor do they want to cause an owner to lose their agricultural exemption status. 188 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE TRANSMITTAL CONTINUED. A. 2. b) Public comments and discussion continued on motion to approve for Transmittal, proposed Ordinance No. 1107, Comprehensive Plan Amendments to provide a definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1. JANUARY 21, 2014 - REGULAR MEETING - PAGE 5 OF 12 COUNCIL ACTION - DISCUSSION - VOTE In order to implement the changes in Future Land Use Policy 2.1, the term Limited Agriculture needs to be adequately defined. The proposal reads: "Commercial or noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising or keeping of a maximum of three in total number of hogs, sheep and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale. ° This definition is also being recommended to adopt in the LDR's. Council Member Maxwell had concerns with the definition being mistakenly applied to a residential single family and misleading to citizens. Council Member Watford agreed that the maximum number could be taken out of the definition for the Comprehensive Plans purposes. There were concems voiced on the definition being too broad as well. Mr. Brisson elaborated, it is better to have broad Comprehensive Plan language; this shows you contemplated allowing it. Then, the zoning sets the specifics to it. In essence we are saying "this is what you can do, should the zoning allow it; and here are the specifics to it when it is allowed." Following further discussion, an amendment was offered. Council Member Watford moved to amend the definition of Limited Agriculture in proposed Ordinance No. 1107, by striking out "a maximum of three in total number" seconded by Council Member Williams. In regards to discussing the proposed changes to Policy 2.1, for the purpose of accommodating limited agriculture, as a permitted use on property designated by the Future Land Use as Single- Family Residential (SFR), Multi - Family Residential (MFR), and Industrial (IND). Limited Agriculture is permitted only as an interim use on Mixed Use Residential (MUR) property. Noting further that limited agriculture uses will not be permitted on Commercial (C) or Public Facility (PF) designations. The specific Zoning Districts considered appropriate within each Future Land Use category is required to be listed. One of the forthcoming recommendations in the LDR amendments is to adopt a new Zoning District and Regulations entitled, Rural Heritage (RH) (similar to the 1978 "Holding" zoning district), and will need to be included in Policy 2.1. The proposal shows RH zoning is appropriate for SFR, MFR, and IND land use designations only. In addition to addressing the limited agriculture amendments, Planning Staff recommends the City provide a more detailed listing of permitted and special exception uses allowed in each appropriate land use category, as a means of meeting the Community Planning Act requirement, Florida Statute 163.3177(6)(a)1, "... where each future land use category must be defined in terms of uses included .. " This caused each land use category to be amended by adding a summary type list of the permitted and special exception uses within the zoning district that is allowed within a specific land use category. AGENDA VIII. PUBLIC HEARING FOR ORDINANCE TRANSMITTAL CONTINUED. A. 2. b) Public comments and discussion continued on motion to approve for Transmittal, proposed Ordinance No. 1107, Comprehensive Plan Amendments to provide a definition for Limited Agriculture; and amend Future Land Use Element Policy 2.1. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. JANUARY 21, 2014 - REGULAR MEETING - PAGE 6 OF 12 1 89 COUNCIL ACTION - DISCUSSION • VOTE To clarify by example, within the Commercial land use, the allowable zonings are Heavy Commercial, Light Commercial, Commercial Professional Office, and Commercial Business District. Each zoning contains two lists, one is permitted uses, the other list, uses by special exception. A summary type list was added in the commercial portion of Policy 2.1 to clearly address what the City allows in each land use category. Council Member Maxwell questioned and strongly objected to this proposal as being extraneous, illustrating that the list of uses is already contained within the zoning districts, adding repetitive specific language in the land use categories will defeat the concept of having broad Comprehensive Plan language, as clarified earlier. Mr. Brisson responded that the current policy does not give much direction in these categories, and the change should eliminate, not cause confusion, as to what is allowed when it is directed in both the Comprehensive Plan and the LDR's. Council Member Maxwell disagreed and suggested the Council postpone action until at least the first hearing on the LDR amendments. The majority of the Council did not agree, and was confident that amendments could be made at the final adoption stage. The LDR amendments are proposed for presentation at one of the February meetings. Since this ordinance cannot be considered for final adoption until reviewed by State Agencies, it is possible that the LDR's could be adopted before these. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The definition, should the motion to amend pass, will read: "Limited Agriculture: Commercial or noncommercial boarding, noncommercial raising and grazing of horses and cattle; raising or keeping of hogs, sheep, and goats; noncommercial plant and vegetable gardens; and cultivation of hay for use or sale." KIRK - YEA WATFORD - YEA KIRK - YEA WATFORD - YEA VOTE ON MOTION TO AMEND MAXWELL •YEA WILLIAMS - YEA VOTE ON MOTION AS AMENDED MAXWELL - No WILLIAMS - YEA O'CONNOR - YEA MOTION To AMEND CARRIED. O'CONNOR - YEA MOTION CARRIED As AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE TRANSMITTAL AT 7:22 P.M. 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 March 5, 2014 Jesse Panuccio EXECUTIVE DIRECTOR The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Okeechobee (Amendment No. 14- 1ESR), which was received on February 7, 2014. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comments related to important state resources and facilities within the Department of Economic Opportunity's authorized scope of review that will be adversely impacted by the amendment if adopted. We are, however, providing a technical assistance comment consistent with Section 163.3168(3), F.S. The technical assistance comments will not form the basis of a challenge. They are offered as suggestions which can strengthen the City's comprehensive plan in order to foster a vibrant, healthy community. Technical Assistance Comment: The Department recommends that Future Land Use Element Policy 2.1 be revised to: (1) establish an intensity of use standard for the "indoor recreation" use allowed within the Single - Family Residential future land use category: and (2) establish density of use standards for the residential uses (group homes; adult family care homes; assisted living facilities; and limited residential use associated with a commercial building) allowed within the Commercial future land use category. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such reviewing agency comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments, the amendment shall be Honda 1 ) lrartmcnt of I cr■iurnic i;, t .11 1y , I ] A1adi>un Srrccr 1 all:,h„�sc.� H.:i?i4') 00I. 1A' 1'3 ::-,,r4f -{3.r (ii 7L_('I.>??3I x wvc ,l). vv vv t;r,tt,r.cHnn I.1 .1)1 1 `a,.cb■(,h.cnm l l.1)Li..> $ERVJNG l FIG COIJNTI1 i)1 • -(1 • IIAIWEL • 1l11 IIl_AN!)S • C)KEICP1t)11Fr • POI .K March 7, 2014 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: CFRPC Local Comprehensive Plan Amendment Review Dear Mr. Eubanks, Via Mail and E -mail 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 Packages: • City of Okeechobee 14 -1 ESR If you have any questions or concerns, please contact me at (863) 534 -7130 extension 110. Sincerely, r/� Marisa M. Barmby, AICP Senior Planner cc: Mike McDaniel, Florida Department of Economic Opportunity (via e -mail) Matt Preston, Florida Department of Economic Opportunity (via e -mail) Brenda Winningham, Florida Department of Economic Opportunity (via e -mail) James LaRue, LaRue Planning & Management Services, Consultant for City of Okeechobee (via e -mail) CY N T R ! Fl A.Ni !NC, 555 FAST CiIURCF! S'FUl_I:T. LIARn)w 9 1.33831) 393.1, I.i?. 1;:)X 211;3'? 11 Ai: low. hL 31831- ftit: Ii I4-71,0 0 FAN (8u6, • Ti'�i 501 I s bi :Is I I 6 h.i,i CGSt3`C� 6FLORIDA REGIONAL COUNCILS ASSOCIATION LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM 01 Regional Planning Council: CFRPC Regional Planning Council Item 4: Date Mailed to Local Government and State Planning Agency: February 5, 2014 Local Government Item #: Okeechobee (City) 14 -1ESR 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 14 -1ESR: This amendment includes a Future Land Use Text Amendment to provide a definition for Limited Agriculture, and modify the Single - Family Residential, Multi - Family Residential, Mixed Use Residential, and Industrial Future Land Use policies to provide clarity on limited agriculture uses. 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 s:Adocs \dca \comprehensive plan reviews \2013 -2014 \completed reviews \quarter 3 jail, feb & rnar \okcechobee city 14- 1esr.docx 07/11 RICK SCOTT GOVERNOR FDOT Florida Department of Transportation (i05 Suwannee Street 'Tallahassee. FL 32399-0450 February 26, 2014 Mr. James G. LaRue LaRue Planning & Management Services, Inc 1375 Jackson Street, Suite 206 Ft. Myers FL 33901 RE: City of Okeechobee 14 -IESR Proposed Comprehensive Plan Amendment Dear Mr. LaRue: ANANTH PRASAD, P.E. SECRETARY The Florida Department of Transportation, District One, has reviewed the City of Okeechobee 14- 1 ESR (Ordinance 1107) Proposed Comprehensive Plan Amendments (received by FDOT on February 5, 2014) in accordance with the requirements of Florida Statutes Chapter 163 and Chapter 9J-11 of the Florida Administrative Code. The Department offers the City of Okeechobee (through its Planning Consultant, LaRue Planning and Management Services) the following comments and recommendations for your consideration: The Florida Department of Transportation, District One, offers no comment on the City of Okeechobee 14 -IESR Proposed Comprehensive Plan Amendment. 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 Transportation Modeling Coordinator FDOT District One CC: Florida Department of Economic Opportunity www.dot.state.11.us FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION GARY CHARTRAND, ('hair JOHN R. PADCET, Vice ('hair Members ADA G. ARMAS, M.D. JOHN A. COLON REBECCA FISHMAN LIPSEY ANDY TUCK February 24, 2014 Mr. James G. LaRue, AICP LaRue Planning and Management Services, Inc. 1375 E. Jackson Street, Suite 206 Fort Myers, Florida 33901 Via E -mail: jim @larueplanning.com Dear Mr. LaRue: Re: City of Okeechobee 14 -1 ESR Pam Stewart Commissioner of Education Thank you for the opportunity to review the City of Okeechobee's proposed 14 -1 ESR amendment package, which the Florida Department of Education received on February 10, 2014. According to the department's responsibilities under section 163.3184(3)(b), Florida Statutes, I reviewed the amendment considering provisions of chapter 163, part I1, F.S., and to determine whether the proposal, if adopted, would have the potential to create adverse effects on public school facilities. The proposal includes revision of the future land use policies to provide for limited agricultural use in residential and industrial future land use categories. Because the amendment does not appear to have the potential to create significant adverse effects on public school facilities, I offer no comment. Again, thank you for the opportunity to review and comment. Please contact me at 850- 245 -9312 or Tracy.Suber(a,fldoe.org, if you have questions about this letter, or if I may be of assistance. Sin •rely, Tracy . Suber Growt Management and Facilities Policy Liaison TDS/ cc: Ms. Joni Ard, Okeechobee County School District Ms. Brenda Winningham and Mr. Scott Rogers, DEO /State Land Planning Agency THOMAS H. INSERRA DIRECTOR, OFFICE OF EDUCATIONAL FACILITIES 325 W. GAINES STREET • SUITE 1014 • TALLAIIASSEE, FLORIDA 32399 - 0400.850- 245 -0494 • FAX 850 -245 -9304 www. fldoe.org From: Stahl, Chris To: jimCmlarueDlanning.conl Cc: Craig, Kae; DEO Agency Comments Subject: Okeechobee 14 -1ESR Proposed Date: Tuesday, February 18, 2014 4:17:34 PM To: James LaRue, Planning Consultant Re: Okeechobee 14 -1ESR — Expedited Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above - referenced amendment package under the provisions 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; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please feel free to contact me with any questions. Christopher Stahl DEP Office of Intergovernmental Programs 3900 Commonwealth Blvd., MS 47 Tallahassee, FL 32399 -3000 (850) 245 -2169 office Thank you! cjs No virus found in this message. Checked by AVG - www.avg.com Version: 2014.0.4259 / Virus Database: 3705/7103 - Release Date: 02/18/14 The Honorable James E. Kirk, Mayor March 5, 2014 Page 2 of 2 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 adoption and transmittal of the comprehensive plan amendment. If you have any questions concerning this review, please contact Scott Rogers, Planning Analyst, at (850) 717 -8510, or by email at scott.rogers @deo.myflorida.com. Sincerely, Ana Richmond Comprehensive Planning Manager AR /sr Enclosure: Procedures for Adoption cc: Brian Whitehall, City Administrator James G. LaRue, AICP, Planning Consultant, LaRue Planning & Management Services, Inc. Patricia M. Steed, Executive Director, Central Florida Regional Planning Council SOUTH FLORIDA WATER MANAGEMENT DISTRICT February 14, 2013 Mr. James G. LaRue, Planning Consultant LaRue Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 Subject: City of Okeechobee, DEO #14 -1 ESR Comments on Proposed Comprehensive Plan Amendment Package Dear Mr. LaRue: The South Florida Water Management District (District) has completed its review of the / /10 ,� / proposed amendment package submitted by the City of Okeechobee (City). The amendment would modify the text of Future Land Use Element Policy 2.1 to include "Limited Agriculture" in the list of allowable land uses for various land use categories and to add the definition of "Limited Agriculture" to the List of Definitions in the Future Land Use Element. 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 @,sfwmd.gov. Sincerely Dean Powell Water Supply Bureau Chief DP /tm c: Ray Eubanks, DEO 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.sfwmcl.gov