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2016-09-15
CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR SEPTEMBER 15, 2016 PAGE 1 OF 8 AGENDA ACTION - DISCUSSION - VOTE I. CALL TO ORDER — Chairperson. Regular Meeting, September 15, 2016, 6:00 P.M. Chairperson Hoover called the September 15, 2016, Regular Meeting to order at 6:01 P.M. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Board Secretary Burnette called the roll: Chairperson Dawn Hoover Present Vice Chairperson Doug McCoy Present Board Member Elbert Batton Present Board Member Phil Baughman Present Board Member Karyne Brass Present Board Member Mac Jonassaint. Present Board Member Les McCreary Present Alternate Board Member Bobby Keefe Present Alternate Board Member William O'Brien Absent (with consent) Board Attorney John R. Cook Absent (with consent) City Planning Consultant Bill Brisson, Senior Planner Present Board Secretary Patty Burnette Present III. AGENDA — Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Chairperson Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There being none, the agenda stands as published. IV. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Member McCoy moved to dispense with the reading and approve the Summary of Board Action for the Regular Board /Board of Adjustment and Appeals Action for the July 21, 2016, Meeting of July 21, 2016; seconded by Member Baughman. There was no discussion on this item. Regular Meeting. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - N/A O'BRIEN - ABSENT MOTION CARRIED. 83 84 SEPTEMBER 15, 2016 - PLANNING BOARD - PAGE 2 OF 8 AGENDA ACTION - DISCUSSION - VOTE V. OPEN PUBLIC HEARING — Chairperson. A. Application No. 16- 003 -SSA, Comprehensive Plan Future Land Use Map Amendment from Single Family to Commercial for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 3.3 acres, located at 150 Northeast 13th Street (Exhibit 1). 1. Hear from Planning Staff — postponed from the July 21, 2016, meeting. 2. Hear from the Property Owner or Designee /Agent — Carrol Word, Registered Agent on behalf of the property owners, 441 Palms, LLC /Steven Dobbs, Project Engineer. 3. Public comments or questions from those in attendance or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:02 P.M. Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 16- 003 -SSA is being requested by the applicant, Mr. Carrol Word, Registered Agent, on behalf of the property owners, 441 Palms, LLC, to change the classification from Single Family (SF) to Commercial (C) for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, approximately 3.3 acres, located at 150 Northeast 13th Street. Chairperson Hoover yielded the floor to Planner Brisson to present the item. Mr. Word recently purchased the subject property, as well as Lots 6 to 10 of Block 2 that have an existing Future Land Use of C. The total development covers 4.2 acres and is intended for a 71,200 square foot medical /dental office facility which is a more intensive use than developing it for single family homes. The subject property has a related Rezoning Petition from Holding (H) to Light Commercial (CLT). He recommends for approval, based on the findings within the Planning Staff Report (listed in Section 5.a.). The applicant was required to submit a Traffic Impact Analysis (TIA) study, which has been reviewed by Planning Staff. The study indicates the magnitude of impact the proposed development could have. To adequately address the impact and in accordance with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan, any development may be subject to participation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. These improvements may include, but not be limited to: a traffic signal at Northwest 16th Street and US Highway 441, if warranted; or, an extension of Northeast 3rd Avenue from Northeast 13th Street to Northeast 8th Street from a continuous roadway connecting to State Road 70, thereby enhancing the City's grid system and alleviating southbound congestion at the State Road 70 /US Highway 441 intersection. Alternatively, the scale of any future development may be required to be reduced to a level that will be consistent with the ability of the traffic circulation network to accommodate the impacts of the development. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of the applicant, responded Mr. Word was aware of the Proportionate Fair Share Transportation Impact Fee, and had no objections as long as he was being treated fairly. Mr. Dobbs offered information which made the improvement examples given by Mr. Brisson mute, such as a map with designated wetlands in the area. It was understood these were examples only, that specific improvements would be identified at a later date. The map was provided to Board Secretary Burnette for the Official Record. Chairperson none. Chairperson this meeting the property Hoover asked whether there were any comments or questions from those in attendance. There were Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to regarding the application or whether they visited the site. Member McCoy stated he was familiar with and the owners recently had a structure demolished. AGENDA SEPTEMBER 15, 2016 - PLANNING BOARD - PAGE 3 OF 8 85 ACTION - DISCUSSION - VOTE V. PUBLIC HEARING ITEM CONTINUED. A. 5. a) Consideration of a recommendation to the City Council to approve or deny the application with /without special conditions for Application No. 16- 003 -SSA. Planning Staff's findings are as follows: The application was found to be consistent with the City's Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the Future Land Use Element. This parcel is adjacent to a nursing home. The requested commercial designation for this property would be an appropriate use. It would appear from calculations provided from the applicant that there is adequate capacity to address the potable water and wastewater needs, although the required letters from Okeechobee Utility Authority (OUA) confirming their ability to provide these services must be provided by the applicant. Regarding solid waste, the County recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other major developments in the City. The proposed development will be required to meet all drainage standards required by the City and South Florida Water Management District (SFWMD). The site appears to have no unique characteristics with regard to environmental sensitivity, wildlife habitat, soil conditions, or susceptibility to flooding. As illustrated in the TIA, based on the traffic generation factor for medical /dental offices contained in the most recent edition of the Trip Generation prepared by the Institute of Transportation Engineers, the proposed Future Land Use change will result in an increase in more than 100 peak hour vehicle trips over that associated with development under the current SF Future Land Use designation. The roadway segment addressed was North Parrott Avenue (US Highway 441) including the intersection of North Park Street (State Road 70) to Northwest 16th Street. The estimated traffic increase in AM peak hour is from 25 to 247 trips. The PM peak hour is from 25 to 304 trips. The greatest increase in traffic is during the PM peak when 177 vehicles will exit the property northbound onto North Parrott Avenue (US Highway 441) with 137 vehicles making U -turns at Northwest 16th Street to head southbound toward the intersection. As noted in the TIA, this roadway is already operating below the Florida Department of Transportation Level of Service. It was the recommendation in the TIA that discussions be initiated with the City to explore opportunities for encouraging multimodal travel and transit use to reduce the existing and future operational deficiencies identified within the study area. This would represent a good approach to improving the overall traffic situation in the City. The development could further diminish the standard unless the previously stated improvements are made. The proposed access to the site was also reviewed as part of the TIA study to identify any potential issues that might degrade operations along Parrott Avenue (US Highway 441). None were identified and no improvements were recommended as part of the report. Mr. Brisson continued that there is a southbound bike lane along Parrott Avenue (US Highway 441. Further information is needed to determine the extent of use in the vicinity of Northwest 16th Street. The increased volume of U -turns during the PM peak hours, added to the left -hand turns from the main Raulerson Hospital entrance (across from 16th Street), could increase the likelihood of potential conflicts between bike riders and larger sized vehicles encroaching into to the bike lane. 86 SEPTEMBER 15, 2016 - PLANNING BOARD - PAGE 4 OF 8 AGENDA ACTION - DISCUSSION - VOTE V. PUBLIC HEARING ITEM CONTINUED. A. 5. a) Consideration of a recommendation to the City Council to approve or deny the application with /without special conditions for Application No. The application is found to be compatible with adjacent and nearby land uses which are: to the North, is the Okeechobee Health Care Facility with a C Future Land Use and Heavy Commercial (CHV) Zoning; to the East, is a 16- 003 -SSA continued. 13.397 acre unplatted parcel with a residence, SF Future Land Use and Residential Single Family -One (RSF -1) Zoning; to the South, are some vacant lots and a professional office with a SF Future Land Use, H and CHV Zoning; to the West, are vacant lots with a SF and C Future Land Use, and CHV Zoning. Motion and second offered by Members Brass and McCreary to recommend the City Council approve Application No. 16- 003 -SSA, Comprehensive Plan FLUM Amendment from SF to C for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, on approximately 3.3 acres, located at 150 Northeast 13th Street, and find it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report and as noted with the following stipulations: 1. The Applicant submits the required letter from OUA confirming the Authority's ability to provide potable water and waste water treatment services to the proposed development. 2. In accordance with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan, it is recognized that existing traffic circulation network may be insufficient to accommodate the impacts of the development. Therefore, any future development may be subject to participation in the City's Proportionate Fair Share Transportation b) Board discussion. Impact Fee for roadway improvements. Alternatively, the scale of any future development may be required to be reduced to a level that will be consistent with the ability of the traffic circulation network to accommodate the impacts of the development. Chairperson Hoover asked whether there was any further discussion. Member Baughman confirmed the items listed as "Stipulation No. 2" of the motion is not a condition for approving the application, but is a means of documenting the concurrency regulation requirements to the developer. The specifics would be addressed during the Site Plan Review. c) Vote on motion. No further questions were asked. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - N/A O'BRIEN - ABSENT MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 4, 2016, 6 PM. AGENDA V. PUBLIC HEARING ITEM CONTINUED. QUASI- JUDICIAL ITEM: B. Petition No. 16 -003 -R to rezone from Holding to Light Commercial all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2; and from Heavy Commercial to Light Commercial Lots 7 to 10 of Block 2; all being in the City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 4.2 acres, located at 150 Northeast 13th Street (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16 -003 -R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff — postponed from the July 21, 2016, meeting. 3. Hear from the Property Owner or Designee /Agent — Carrol Word, Registered Agent on behalf of the property owners, 441 Palms, LLC /Steven Dobbs, Project Engineer. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. 5. Disclosure of Ex -Parte Communications by the Board. SEPTEMBER 15, 2016 - PLANNING BOARD - PAGE 5 OF 8 87 ACTION - DISCUSSION - VOTE Rezoning Petition 16 -003 -R is being requested by the applicant, Mr. Carrol Word, Registered Agent, on behalf of the property owners, 441 Palms, LLC, to rezone from H to CLT all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2; and from CHV to CLT Lots 7 to 10 of Block 2; all being in the CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, on approximately 4.2 acres, located at 150 Northeast 13th Street. This being a Quasi - Judicial proceeding, Notary Public Patty Burnette administered an oath to those intending to offer testimony, responding affirmatively, and stated their name and addresses for the record: Mr. Bill Brisson, Senior Planner, LaRue Planning and Management, 1375 Jackson Street, Suite 206, Fort Myers, Florida; Mr. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida; and Mr. Jankristof Devastey, P.E., with Florida Department of Transportation, 6409 Catalina Lane, Tamarac, Florida. Chairperson Hoover yielded the floor to Planner Brisson to present the item. He explained the petition has a related Small Scale FLUM Amendment (No. 16- 003 -SSA. Should the City deny the FLUM change to C, the rezoning to CLT would be inconsistent and should not be approved. Based on the foregoing analysis, he is of the opinion that in order for the rezoning request to be considered fully consistent with the Comprehensive Plan, the same stipulation addressed in the previous item should be included and attached to the rezoning approval. Steven Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of the applicant and available for questions from the Board. There were none. Chairperson Hoover asked whether there were any comments or questions from those in attendance. Board Secretary Burnette reported the petition was advertised in the local newspaper, four signs were posted on the subject property, and courtesy notices were mailed to 15 surrounding property owners. An email was received from Dr. Muhammad Nooruddin, 7993 Steeplechase Court, Port Saint Lucie, Florida, and read into the record as follows: "Hi Patty, I am the neighbor of the said application for rezoning. I would like to support the rezoning and have no objection." Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the petition or whether they visited the site. Member McCoy noted for the record on Item A.4. that he was familiar with the property and the owners recently had a structure demolished. 88 AGENDA V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 6. a) Consideration of a recommendation to the City Council to approve or deny Petition No. 16- 003 -R. SEPTEMBER 15, 2016 - PLANNING BOARD - PAGE 6 OF 8 Planning Staffs findings are as follows: The proposed rezoning would be consistent with the Comprehensive Plan, should Application No. 16- 003 -SSA be approved. The proposed use will not have an adverse effect on the public interest. The subject property is suitably located for commercial use, particularly medical offices, and is consistent with land use patterns in the area. To the North, is the Okeechobee Health Care Facility with a C Future Land Use and CHV Zoning; to the East, is a 13.397 acre unplatted parcel with a residence, SF Future Land Use and RSF -1 Zoning; to the South, are some vacant lots and a professional office with a SF Future Land Use, H and CHV Zoning; to the West, are vacant lots with a SF and C Future Land Use, and CHV Zoning. The proposed use should positively impact property values, living conditions, and be an improvement to the adjacent property as it will clean up previously dilapidated construction and develop previously undeveloped land. The proposed use can be suitably buffered from surrounding unlike uses by providing the required 20 foot setbacks from the residential area to the East and the road right -of -way to serve as a buffer for the undeveloped property to the South. Any special buffering or measures to protect existing or future residential uses can be addressed during the site plan review process. The proposed use will not create a density pattern that would overburden public facilities such as schools, as the use is not residential. It will not overburden utility services as it appears there is adequate capacity to address water and wastewater needs. The proposed development will be required to meet all standards required by the City and the SFWMD. Any flooding or drainage concerns or consideration will be addressed at site plan review. The proposed use has not been inordinately burdened by any unnecessary restrictions. The TIA study was conducted on the premise of a medical /dental office which is listed as a permitted use in the CLT Zoning District. However, the study indicates that congestion will increase as a result of the proposed development and enhancing actions may be necessary. With the addition of the traffic generated by the proposed medical /dental complex, PM peak traffic will increase by 10.7 percent and southbound congestion during the PM peak will worsen at the intersection of North Parrott Avenue (US Highway 441) and North Park Street (State Road 70), with the delay increasing by almost 40 percent. Further information is needed to determine the extent of use of the bike lane in the vicinity of Northwest 16th Street. The increased volume of U -turns during the PM peak hour, added to the left -hand turns from the main Raulerson Hospital entrance (across from 16th Street), could increase the likelihood of potential conflicts between bike riders and larger sized vehicles encroaching into to the bike lane. The foregoing concerns lead us to question whether or not the proposed project is consistent with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan. This Policy requires the City to withhold permitting of new development at locations where the existing traffic circulation network is insufficient to accommodate the impacts of the development. As stated in the previous agenda item by Mr. Dobbs, on behalf of Mr. Word, he is aware that he will have to comply with the Proportionate Fair Share Transportation Impact Fee. ' z � o • 0) W ° C 0 CD - Cl) 3 CD m Cn Cn cc Q a 0 0' 0 I C7CD _0 c aO) CD0) 0 0 n) 3 CD c B co 0 pUel siAln an CLOSE PUBLIC HEARING — Chairperson. •uoltow uo atoA (o •uolssnosip pJeo8 (q CO "O • c rn co r CL c7 = (1) 0 D m o p 0 0 C/)) v r_ rn — C cp o 8 ca � n O CD o = C) °- 0 o z 5-=t CD 0 —• pm o 0 0 c C) 0 -o 0 0 CD 0 G) m X 0 cCD 0) c CL) CD = 0 N 0 CD O O * CD CD CFD cn 0 n CD CD CD 0. CD • -, CD CD CCD c—D n) 0 cD cD O O B CD Q B co Fir 0 fuawdolanea puei oq CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:45 P.M. 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ACTION - DISCUSSION - VOTE C7) There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:45 P.M. a> "0 (.1) a) -o a) '- s E ' ° � C a) .U) O O Ts 6 •U U O a) -O - O Q O c E m a3 C O C L Q O U d O L O C U 0 2i O O C 0_ a) a) a) U 3 7 O N a) O ca C D N l aa)) Q. ¢ C C -o a) N d a) C C C C 0 L a) O E 0 .0 h 7 p C a) Q.j ¢ (6 s O 'cC Rs E a) :D .n D E LO 4-1) U N C D L •C U C (a -O E Z a) 0 D) O a) w.000 C c)U) Q) 'D t6 Z a) C U re U C - O N _ Q) y _c -D a) U Q0_ Eo 0 L a) 0 U Dawn T. Hoove 11 4442944- Page 1 of City of Okeechobee Planning Board and Board of Adjustment City Hall, 55 SE 3`d Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes September 15, 2016 I. Call To Order - Chairperson: Chair Hoover called the September 15, 2016, Regular Meeting to order at LA; 0I p.m. II. Chairperson, Board Member Staff Attendance - Secretarv. III. Agenda - Chairperson. A. Chair tiOtA asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. NoY) IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the July 21, 2016, regular meeting; seconded by Board Member Discussion: PRESENT ABSENT (W OR W/0 CONSENT) Chairperson Hoover Vice Chairperson McCoy ✓ Board Member Batton Board Member Baughman ✓ Board Member Brass ✓ Board Member Jonassaint ✓ Board Member McCreary Alternate Board Member Keefe Alternate Board Member O'Brien ✓ up/a On 5 n4- Planning Consultant Brisson, Senior Planner Board Attorney Cook ✓ u) /eon 5er)4- Board Secretary Burnette III. Agenda - Chairperson. A. Chair tiOtA asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. NoY) IV. Minutes - Secretary. A. Board Member moved to dispense with the reading and approve the Summary of Board Action for the July 21, 2016, regular meeting; seconded by Board Member Discussion: 1 4429#44 Page 2 of tr IV. Minutes continued. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER '/ McCOY BATTON BAUGHMAN / BRASS ✓ JONASSAINT ✓�. McCREARY KEEFE O'BRIEN - .'-\ RFSt1LTS•RRIFD DFNIFD V. CHAIR HOOD' (OPENED THE PUBLIC HEARING AT Li . O 72, P.M. A. Application No. 16- 003 -SSA, Comprehensive Plan Future Land Use Map change from Single Family to Commercial for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 3.3 acres, located at 150 NE 13`h Street (Exhibit 1). 1. Planning Staff - postponed from the July 21, 2016 meeting. or1 �u.re/ prop:P(! 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PUBLIC HEARING ITEM CONTINUED. me coy A rpr, p(,0 4,1,1cre .F.n)(1.1 oat), tiaLloffii-es ro4- P' W 1-1-■ tA) LY"' 05 neecis bc, oct 6 .p CL Coneur-rtn9 (ss) nt.e 'rt.) b-C. acte.ressictei. nt:Lc;.11„cil 4.4.1v;_st tor44,,c sinerateLhe COMint rd--S !) Olt VC loptittful 2. He from the Property Owner or designee/agent - 441 Palms, LLC/Steven Dobbs, Project Engineer. 6fe Veil 0ObbS 1 /0/pa tf61.104 Wcui PE • k-' U) Fill 'leen (11 0.,ektiOSYtt Li-he board -) ‘130K-Pfurril--t4s GI lint- OtioDEL+ re crttri In, () --kr to 0 -in_ a, he. iz be trf-9 4-(Oaket -Fail ll STL*P toc;4--t ib)!I ifeq IV F,I. (il Soere b-r 4 he_ at4er net-h■4 .-..)0.11i. ofis in st a c+ Plonnol 6qo-tr AePDH pq ri liE 3rct 441t- bOotact be.. tup_nsii(e_ Rol. 4-e) 1 o aLtel - we-I kir& - provia-1--K ril&P +0 1-60arct h-e. 510.0,o.ert. -o -Board --1 ect mo pp, ec- I' ea__ . ‘160 _ ein7(..an--p. 4_1Ain kf-f orrlo 92-70144 /Ylf beat9hrnecn 00,-/-Nryt4 nket Cr o a 4-4,416.0 41\1k_ 3 of (1-ve . . li\J ' 614-otpx.: q La s toR. r e . as K-LA, of Ire . Do bbs 1-)a re _ eilkorrt ft 1/I5�i(o 11 9 Page5of Ere V. PUBLIC HEARING ITEM CONTINUED. (i5 J)4 1120144 Page 6 of Irg V. PUBLIC HEARING ITEM CONTINUED. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. Me0-Oy. Or JOhsI4-e (ohcn prevrw 'SF-rue/It rciOC s (JV YnOt cshtd. • 5. a) Consideration of a recommendation to the City Council to approve or deny application with /without special conditions. C tct t ) Motion and a second offered by and ` to recommend approval /denial to the City Council for Application No. 16- 003 -SSA, Comprehensive Plan Future Land Use Map change from Single Family to Commercial for Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to 26 of Block 2, City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 3.3 acres, located at 150 NE 13th Street, with the following conditions: q kxe �,�ac invokk b) Board discussion. 1>p4.hin rat) u u3W au a uptUr rci perainti4ers ri P k)ofi-s ()co obryf a-. . - 6r+ I,Jha°i C,c..mc fc s (Cit.c..- r . ' LJo nuoir etv -)(tL r e u.E re a - Lot-4)A etA-1( 2 qt�5 /fte ► /1120/44 Page 7 of V V. PUBLIC HEARING ITEM CONTINUED. c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY ✓ BATTON ✓ BAUGHMAN v✓ BRASS 17 JONASSAINT McCREARY KEEFE O'BRIEN RFSIJI TSB CARRIED DENIED The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 4, 2016, 6 pm. QUASI- JUDICIAL ITEM B. Petition No. 16 -003 -R to rezone from Holding to Light Commercial all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2; and from Heavy Commercial to Light Commercial Lots 7 to 10 of Block 2; all being in the City of Okeechobee, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County, approximately 4.2 acres, located at 150 NE 13th Street (Exhibit 2). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 16 -003 -R will be required to take an oath, respond, and give your full name and address). .a l) Steve, DO% Zs n Krrs+ F belictS4at 'PC a., r 2. Planning Staff - postponed from the July 21, 2016 meeting. Essen-halitf =OIL SOt'ne. Qs► 5Y f Inv I/es I Odd -j- f,fCe I I\160 eb. me. r + r re(H (ZGlecJ ett V —r fegi re rliatftrar of p fU ?orv_ re qb secs -+--O e LT V. QUASI-JUDICIAL PUBLIC HEARING ITEM CONTINUED. re COM nd aiPpala, ( (A) 14,1,-) ‘5t? 7oyt XS L014'11 Or 20a U p9 e-1- 'Re poY4 q /l6M9 ! tt12OtM Page 9 of V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. 3. Hear from the Property Owner or designee /agent - 441 Palms, LLC /Steven Dobbs, Project Engineer. `eve b b -° h4' -FR ( kV r' 4. Public comments or questions from those in attendance, or submitted to the Board S t S SPb nod )CeJ r'! r 1e4 -� I -P mug t r P � rvod Sr n osfec o n � 6'ub j-ec+ pfo r4 -res 9 p act v,b(4 i5 eG t i) ( °c . t rk'o,)3 pa _Y ecre ary Oy l��(u IV mad, kioonC!dLl t( rd 5a f e toi rezoiltrA read, 104-D ro_ocirit /s /,4 1412011-4 Page 10of e V. QUASI- JUDICIAL PUBLIC HEARING ITEM CONTINUED. 5. Disclosure of Ex -Parte Communications by the Board. None ctiv ozeri — cve.e-P+ prtvidxs unt bc� 14e/rig"— o e0,y. 6. a) Consideration of a recommendation to the City Council to approve or den�yy petition. T 4-141Jk_f0),OPk Motion and a second offered by 1 and,f to recommend pprov. /denial to the City Council for Petition No.16 -003 -R to rezone from Holding to Light Commercial all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2; and from Heavy Commercial to Light Commercial Lots 7 to 10 of Block 2; all being in the City of Okeechobee, Plat Books 1 and 5 ,A Pages 10 and 5, Public Records of Okeechobee County, approximately 4.2 acres, located at 150 NE 13' - Street. }��;k t'' S ►g /?, \. 'Ljo' .(\s(kd 05Z C (19 Qt, a \CUC b) Board discussion. no rk c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER McCOY BATTON BAUGHMAN ,/ BRASS JONASSAINT McCREARY KEEFE O'BRIEN RFSUl TS. CA DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively October 18, 2016, 6 pm. CHAIR HOOVe r CLOSED THE PUBLIC HEARING AT P.M. Q11511'40 41149144 Page 11 of / VI. NEW BUSINESS. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson. 1\61, Q4-f -t e VII. ADJOURN - Chairperson. ti,Lo Pk- .41? DEPENDENT NEWSMEDIA INC. USA Okeechob 107 SW 17th St Okeechobee, Fl. ida.34974 863- 763 -3 t' , .,- \01112, RECEIVED ew3Ep 1 4 201 Suite D STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, ■rida, that the attached copy of advertisement being a if-Eyl t -11 in the matter of 1 i X` (6,),1 c'- V �,.�---s in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of I s ; D C 1 Lr 1 l /8Jfp 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn tp and subscribed before me this 'i� day of S,:_:RI y -.,Den lG AD Notary Public, State of Florida at Large J ANGIE BRIDGES MY COMMISSION # FF 978149 DU'IRES:Apt1120, 2020 SOn4Od Tluu NObly Publi& Utdetwfitsre PUBLIC NOTICE . CITY PLANNING BOARD MEETING • NOTICE 15 HEREBY GIVEN that the Oty of Okeechobee Planning Board (PB) will conduct a regular meeting on Thur., Sep. 15, 2016 at 6 PM, or as soon thereafter as possible, at Oty Hall, 55 SE 3rd Aye, Rm 200, Okee- chobee, FL. As the local Planning Agency, the Planning Board may consider offering a recommendation on any Proposed amendments to the anent Land Development Regulations submitted by Oty Staff, Board Members; or citizens. The public Is Invited and encouraged to attend. The. agenda may be ob- tained from sww.dtyofokeechobee com or by calling the General Services Office, 863-763 -3372 x218. ANY PERSON DECIDING TO APPEAL any decision made by the PB.with respell to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding is made and the record includes the testimo- ny and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as de- fined the ADA; that needs special accommodation to partidpate In this proceeding, contact the General Services 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 PB In support or opposition to any item on the agenda, a copy of the document, picture, video, or Item must be provided ba the Board Seae Crty's for the ty's records. n481 a0 rye N 9/9/2016 Hoover DEPENDENT NEWSMEDIA INC. USA iltakw Okeecho t - - edlit 107 SW 17th `f t, Suite D o ?a %' Okeechobee, 863 -763- STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that theattached copy of advertisement being a in the matter of ` 1 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 713 , 13/a01(0 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to an subscribed befpre me this day of Notary Public, State of Florid'at Large Katrina Elsken J-O /6 AD jai /c/o-.4 J ?p�Y1(/ `C • ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Aprii 20, 2020 ••FOF �� �. Bonded Thru Notary Public Underwriters f PE n41 41 ,` i PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE 05 HEREBY'GIVEN that a PUBLIC HEARING wit be 'held be- fore on Thur., uly 21, Okeechobee 016, 6.PM,horgas soon thereafter asPpossible.at Gty Hall, 55 SE 3rd AVE, Coundl.Chambers, Rm 200, Okeechobee, FL, to con- sider and receive input on Comprehensive Plan Small Scale Future Land Use Map .Amendment Application No. 16-003 -SSA, submitted by the property owner, Mr. Carrot Word (Registered Agent) for 441 Palms, LLC. The public Is encouraged to attend. Application No. 16- 003 -SSA requests to change theFuture Land Use classifi- cation from Single Family (SF) to Commerdal (C) for the property located at 150 NE 13th Street Legal: Lots 1 to 8 of Block 1; Lots 1 to 5 and 21 to Block OKEECHOBEE, Plat oi Pages i-and 5, Public Records of County, Florida, and s approxi- mately 3.3 acres. The application may be inspected at the address above during regular business hours, Mon -Fri, 8 AM-4:30 PM, except for holidays. A recommendation to approve or deny Application No. 16-003 -SSA will be forwarded to the City Council for consideration 'to adopt at a Final Public Hearing on August 16, 2016, 6 PM (tentative). ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceedingls made and the record indudes the testimony and evidence upon which the appeal will be based; In accor- dance with the Americanswrth Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs speaal accommodation to par - tidpate in this proceeding, contact the General Services 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 Planning Board In support or opposition to any Item an the agenda, a copy of the document, picture, video, or item must be provided to the Board Secretary for the Oty's records. 8y: Zoning Administrator Marcos MontesDeOca, No. 16- 003 -SSA 476740 ON 713,13/2016 INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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 i � atA-7-J,,tc in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of (3(3 (/�v 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 further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /s Sworn to and subscribed be re me this �-5 day of Notary Public, State of Florida at Large Katrina Elsken o1U (61 AD Okeec 107 SW 17 Okeechobe 863- y e N/ 451 reet, Stiit,� , iorida 349 3 -'3134 i PUBLIC NOTICE - CONSIDERATION OF PROPOSED ZONING . RECLASSIFICATION NOTICE IS HEREBY GIVEN that a QUASI- 7UDICLLL PUBLIC HEAR- ING will be held before the Oty of Okeechobee Planning Board on Thur. 714 21,2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 S 3rd AVE, Council Chambers, Rm 200, Okeechobee, FL, to consider and re- ceive input on Rezoning Petition No. 16-003 -R, submitted by Mr. Carrol Word (Registered :Agent) for 441 Palms, Ur. The public IS encouraged to attend. ',i: Petition No. 16-003 -8 requests to rezone from Holding (H) to Ught Com- mercial (C0.1) all of Block 1 and Lots 1 to 6 and 21 to 26 of Block 2; and from Heavy Commercial (01V) to light Commercial (CU) Lots 7 to 10 of Block 2; all being. In the City of Okeechobee, Plat Books 1 and 5, property 10 and 5, Public Records of Okeechobee County; Florida. The Thep 6tlon may be inspected-at NE 13th the address a above during 4.2 acres. business hours, Mon -Fd, 8 AM-4:30 except for holidays. A Public Hearing for a rezoning ppee1�hpon is handled as a "Quasi Judidal" pro- ceeding, meaning a manner similar to a court, hearing testimony and ques- boning presenters who provide substantial and `competent evidence. It Is the duty of the Planning Board to arrive at sound dedslons. A recommenda- tion to approve or deny will be forwarded-to the Oty Coundl, tentatively scheduled on August 16, 2016 (First Reading) and final adoption Public Hearing on September 6, 2016,6 PM. ANY PERSON DECIDING TO APPEAL any dedslon made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding Is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities ADA), any person with a disability as defined by the ADA, that needs al aaommodatlon to par - tldpate in this proceeding, contact the Genera Services Office no later than Mu business days prior to-proceeding, 863- 763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the Planning Board In support or opposition to any Rem on the agenda, a copy of the document, picture video, or item must be provided to the Board Secretary for the Qty's records. BY: Zoning Administrator Marcos MontesDeOca, No. 16-003 -11 476741 ON 7/3,13/2016. / o »z *k k CO rZ JJoo om w\� 2 an im \maxi c _ = 0 -.= \0Q /<\3«g o /\ ® \a . �, J�� \\ 2 \§ co ƒ# % ®S o or� 0 co &e o3 �/ 0 // » , * \ 0 // st \ \ = S \\ c/ d &\ D& Q e— c 0 /� ƒ\ CO 0 �) o. / ~ 0 / \\ c /d CO CD 0 e &E 2 a. 0 1 ° \« \ m = m 0 CO I\ } ° e co o \ \J \ \ / \/ 7 2 70 CO co 0 // CD 0 \ \\ 0. /\ ze m- » 0 »z 7ƒ \§ g \ \ 0 \ 0 3 \ CD- CU m\/ 0 ID = G\J 2] /1- 2�ƒ 0 C) 3co \ o Jf § / \ co / \ co / I. CALL TO ORDER - Chairperson: September 15, 2016, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. SEPTEMBER 15, 2016 - PBIBOA AGENDA - PAGE 2'5F 3 bmitted to the Board Secretary. \\ P. \ RS E 2 � 0 _ \ ® CO \ _0 co CO- E2 \ / / a + 7 3 ) \ ®2 .2 Y 0 _ ra \ \� / ®� co / «\ - % 2 6 ) 2 CO 0 / / - . \ .0 / ® & 0 a $ Q0 ƒ JJ 0 2 0 $ - / 0 0 2 / \ 2 33 0 9 \ \\ /\ \ 0 2 03 f ° \ # Z \ / 0 \E ± & \ / 3 2 8 CD % 2 2 CL CO 0 CO _ o 00 §%�gg= R �� d [\ >a /gS( 0 n0 \2g 0 -0 E0) 3,. 0 - � \ F G . 1)C'J . 0 cn o \/ \ �� �0 \\ -0 2 ®�\ / 0 !iI ® / \ ®±y >� °m ©\ % a0 CT /\. 0 2C\ ��0 (0 .0 0 gfds /a\ \2 0 —w° ° Z o _= w 0 =_ 0 ,_= m 0 0 646 4D Ao# oz _C Eo2§tE kem$ §EE ow= am \ §E@ /EE 0 8` 0 5 8 m o 7 2 0 0¥/ 0§ 0 0 0 0 2= o e \# e— e o e e M a @ 0 2 0 8 3\% 2 5@+$2 0 i-0_ /03\/ w //J <LcLO03\& 2 e § 2 @ 2 0 .00 kt \/ 0 .00 �w�� 2ƒ0� �ww��co o 2 �� <� Q. 0 0 3 0 0 2 / j 0 $ 0 -J j CL 0 0 a) 2 \ 0 ca / \ 0 co \ 0 CO \ / 0 .\ (0 z0o q \4 k ADJOURN - Chairperson. 4 / \ / % \ \ / / / 9 % \ ( C / / DJ Sy ¥\ Ga% CD & e= «mm ax- 3/ Q% a 0 2= G R 0 ± a \ ® ® S »/ \\ ° °� %/2 0 o - o & »/ \\/ & \\ §/ \ƒ 7G\ G2% � \ r :j �% c) ys® /. a\ -\ \\ ® Co / § $ G. }& 00- g/E &\ %9 R\c :Cr § 2& \ a \7 g\b / y o= 8 % & Co. G CO k ©/ \*® 7\ - a e CD Q) \\ & &g g%% & x St D ) G) y % m a a a o / ?ae §&A \/ • /% \�- ��® ® a/7 \/\ \-0 /\ )tea e® �~ ® -§f /q\ -. Q. \ & • \ \ ) \ - &m a �CD Go q\ X % \ i m m \ /\/ Qg I » &- \SG °� 77 \\ -/\ /% \� /\� / CD » o. ee m » 7 a = % _ 9 5 \ co 7 ® a / & _ _" �« � � & \ 7 @ / \ / 0 ® & ea =ems \ /2 0O a%/ \ ®7 Qom_ \\ Co R QE »\ -� \ 0 0\ \ ƒ\ o 0 - %» \ 9 / / %® mot@ & g 0.0 % \ o \ o \ / ® \ \ • 8 «\ ®7 CD ] \0 %®® 0 y / _ 7 / yG \R/ m \ o \ \ ƒ 0 G \ \ \ \\ �\ \ / / © / & 6) -0 % / D \ O. ° ƒ\ CO \\ 0 k G 0 0 0 \ /\ 3& 'a3f1NIlN00 N21f10rOV '11A SEPTEMBER 15, 2016 - PBIBOA AGENDA - PAGE 3 OF 3 Exhibit 1 City of Okeechobee General Services Department 55 S.E. 3 "r Avenue, Room 101 Okeechobee, Florida 39974 -2903 )'hone: (863) 763 -3372. ext. 213 Fax: (363) 763 -1636 Date: 5—� _ Fee Paid:a C q LU (?Kt j((g Jurisdiction: ', '( -l'' Hearing: 7- -Its p j 2" 1le;trin;: i = �-:----iti, aC COPc141139) Publication Dates: -4P6 .113 q- ribs , _ L0_ X.5 Ord :: 815 Notices Mailed: t)7/4- Petition No. 1( -- CkealSS L ViTaTa To 131? CO,111'LETEI) 131' CITI' STAFF: Verified FLUN1 Designation: Sr-- Verified Zoning Designation: 14-01(1 1 Plan Amendment Type: 1 1 Laree Scale (LSf \) involving over 10 acres or text amendment [Small Scale (SSA) 10 acres or Tess [1 Small Scale (SSA) Nlorc than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing, the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and /or other indices of economically distressed communities. APPLICANT )'LEASE NO'T'E: Answer all questions completely and accurately. Please print or type responses. 11 additional space is needed. number and attach additional sheets. The total number of sheets in your application is: 29 Submit 1 (one) copy of' the complete application and amendment support documentation. including leaps. to the General Services Department. Fifteen (1 5) copies or anv documents over 11 X 17 ire required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. 22 -2 keor Date Signature oI Owner or Authorized representative *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 I'agc1of7 Applicaton for Comprehensive Plan Amendment (6/09) I. APPLICANT /AGENT /OWNER INFORMATION 441 Palms, LLC Applicant 1080 SE 23rd Street Address Okeechobee FL 34974 City (863) 610 -5913 Telephone Number Steven L. Dobbs State Fax Number Zip csoword90 @gmail.com E -Mail Agent* 1062 Jakes Way Address Okeechobee FL 34974 City State Zip (863) 824 -7644 sdobbs @stevedobbsengineering.com Telephone Number Same as above Fax Number E -Mail Owner(s) of Record Address City State Zip Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page2of7 Applicaton for Comprehensive Plan Amendment (6/09) II. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) 0 Text Amendment ® Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): This request is in support of changing the parcels identified from Single Family — Residential to Commercial. 111. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting development potential of property) A. PROPERTY LOCATION: 1. Site Address: 150 NE 13th Street, Okeechobee, FL 34972 3- 15- 37 -35- 0010 - 00020 - 0010 3-15-37-35-0010-00010-0010 2. Property ID #(s }:3- 15 -37 -35 -0010- 00020 -0210 3- 15 -37 -35 -0010 -00020 -0230 3- 15- 37- 35-0010- 00010 -0050 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 3.3 Acres 2. Total Area included in Request: 3.3 Acres a. In each Future Land Use (FLU) Category: (1) Single Family 3.3 Acres (2) (3) (4) b. Total Uplands: 3.3 Acres 0.00 Acres c. Total Wetlands: For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 3 of 7 A plicaton for Comprehensive flan Amendment (6/09) 3. Current Zoning: Holding ✓ =I. Current FLU Category: Single Family ✓ 5. Existing Lancl Use: Undeveloped 6. Requested FLU Cateeor y Commercial 1). i\L xI;\IttiI na :vELOlMENT POTENTIAL OF Tit SUBJECT PROPERTY Development Type Existing 11 .(J Category Proposed I:1,tI Category Residential 3.3 — 0 Density (DU /Acre) 6 0 Number of Units 19 0 Commercial (sq. ft.) 0 71,220 sf Industrial (sq. It.) 0 0 8 r A At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department ol• Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. CI.NERAI, INFOR,i\I:ATION,\ND) MA vs Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large. Wraps are submitted, the Applicant may be required to provide 8.5" x 11" Wraps for inclusion in public hearing packets. I . Wording of any proposed text changes. 2. r\ map showing the boundaries of the subject property, surrounding, street network. and Future Land Use designations of surrounding properties. A map showing existing land uses (not designations) of the subject property and surrounding properties. Written descriptions of the existing. land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. 5. ivIap showing existing zoning of the subject property and surrounding properties. 6. Certified property boundary survey: date of survey; surveyor's Hanle. address and phone number; and legal description(s) for the property subject to Ile requested change. 3. For questions relating to this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 •1 ut 7 i \pplicaton For ('omprehcnsiye Plan Amendment (6/09) E. Jtrsrtrtc:A'I'ION OF PROPOSED AMENDMENT .lustily the proposed amendment ent base(I upon sound planning principles. 13e sure to support all conclusions made in this justification with adequate data and analysis. Large Scale Amendment (LSA) Small Scale Amendment (SSA) Text Amendment Flat Fcc $=1,000.00 plus $30.00 per acre S$50.00 plus $30.00 per acre $2.000.00 each Carrot Word , artily that 1 am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary natter attached to and made 11 part of this application. are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application. Carrot Word Signature of Owner or Authorized Agent Date _CA Tg—____/A.ae:24ti._ "Typed or Printed Namc STATE OF Z--bGzl b14 COUNT' 01 T�.k Pij le. r-4 The loregoin�g instrument was certified and subscribed before Inc this 02- c' of 20 J (, , by _ � (ZI�L. 11R-as � , who i. personally L .w.n to me or w11411 o s pro(luccc) identification. n ra+••s SHANNON T CONRAD g f rel .::: —�. Notary Public -State of Florida it Commission # FF 213951 ( ,,,„ .a My Comm. Expires May 6, 2019 (Mary Public Printed Name 01 'Notary Public Commission l;xpires on: `� � ( --(.)/ 9 For questions relating In this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 Page 7 ()l'7 411 Palms, LLC City of Okeechobee Comp Plan Amendment Support Documentation A. General Information and Maps Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. None proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Attached 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Attached 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. To the north is a parcel that has a Future Land Use (FLU) of commercial and is being used at a nursing home. To the east of this parcel is vacant land and Taylor Creek. The vacant land has a FLU of Residential Single Family. To the south the parcel is undeveloped and has a FLU of Residential Single Family. To the southwest one of the parcels was developed as a Doctor's Office, but is currently vacant and the other parcel was a single family residence that has been partially demolished. To the west is a parcel that is undeveloped and has a future land use of Commercial. The proposed Future Land Use designation is consistent with the current major developed uses in the area and to the largest extent the surrounding parcels are vacant or undeveloped. 5. Map showing existing zoning of the subject property and surrounding properties. Attached 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Attached 7. A copy of the deed(s) for the property subject to the requested change. Attached 8. An aerial map showing the subject property and surrounding properties. Attached 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. N/A B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. The existing FLU for the proposed property is 3.27 acres of Single Family. The maximum density of the FLU Single family has a maximum density of 6 units per acre, which would yield a total of 19 units. For a total traffic count of 191 daily trips and 20 peak hour trips. The proposed FLU Commercial for these parcels would have a maximum buildout of 50% according to the City's Comprehensive Plan, which would yield a total of 2,565 daily trips with a peak hour of 260 trips. This represents an increase of 2,374 daily trips and 240 peak hour trips. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use Designation, the applicant shall attach a Traffic Impact Study Prepared by a professional transportation planner or transportation engineer. Please see the attached traffic statement. b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepare by a professional transportation planner or transportation engineer. N/A c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accommodate traffic associated with the proposed change over a ten -year planning period. Acknowledged. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change. Acknowledged. 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation /open space as follows: a. Potable water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses Current 19 * 114 = 2,166 gpd Future = 0 gpd (2) 0.15 gallons per day per square foot of floor area for nonresidential uses Current 0 Ogpd Future 71,220 *0.15 = 10,683 gpd Current total = 2,166 gpd Future total = 10,683 gpd b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. N /A, Proposed Commercial FLU. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; With no change in use and no increase to the generation of solid waste, the currently facility will not be impacted. b. Water and Sewer: The impact of the potential FLU change is addressed in the letter provided by OUA. c. Schools. N /A, no additional capacity to schools for a commercial project. C. Environmental Impacts Proposed plan amendments shall be accompanied by evidence that the following studies have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. Please see the attached wetland map from the US Fish and Wildlife Service. From this map, there appear to be no wetlands on the subject parcel. 2. Soils posing severe limitations to development There are two soils present at this site from the attached NRCS Websoil Survey, they are Immokalee Fine Sand and Manatee loamy Fine Sand, Depressional, which should cause no developments limitations. 3. Unique habitat. This parcel is undeveloped, but provides no unique habitat. 4. Endangered species of wildlife and plants. Since this property has been partially developed for many years and with all the development around it, it does not provide the conducive habitat for endangered species. 5. Floodprone areas. According to the attached FEMA map 12093C0415C, the subject parcels are outside all structures have been built outside flood zone A, but are within Zone X, which are areas determined to be outside the 0.2% annual chance floodplain. D. Internal Consistency with the City of Okeechobee Comprehensive Plan 1. Discuss how the proposal affects established City of Okeechobee population projections. These parcels are currently developed with no anticipation of further development, there will be no impact to the established population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. There is no effect to the Comprehensive Plan Amendment's Policies and Objectives from this request. The minimal increase in density will not change the ability of the city or any other utilities to provide available water, sewer, or roads. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. This project is adjacent to unincorporated areas but will have no impact to the County's Comprehensive plan. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Since the City's Comprehensive Plan has been found to be consistent with all state requirements, this application is also consistent with the State Policy Plan and Regional Policy Plan Goals. Since the major concern as stated in Chapter 163.006(5)(I) is to discourage Urban Sprawl, this application can hardly be classified as Urban Sprawl since it is simply undeveloped land inside the City Limits for development or infill, which is the preferred development pattern. E. Justification of Proposed Amendment Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. Proposed Conditions For the proposed Commercial Future Land Use designation, the maximum development is approximately 45% maximum lot coverage or 55,000 sf. L 1.2.d. Use Measure Rate Gallons per Day Single Family (Existing) 19 Units 114 gpd 2,166 gpd — water /sewer Commercial (Proposed) 71,220 sf 15 gpd / 100 sq. ft. 10,683 gpd — water /sewer Net Impact 8,517 gpd — water /sewer Water and Wastewater Treatment Plants Based on the information obtained from Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 3.0 mgd. The maximum daily flow of the combined water treatment plant finished water production is 3.1 mgd for the period of March 2015 through February 2016. The average daily flow of the wastewater treatment plant is 0.859 mgd of the 3 mgd plant for the same time period. Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Police Department will be determined by the local government review. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Fire Department will be determined by the local government review. Solid Waste Waste Management operates the regional solid waste landfill. Waste Management has previously indicated they have a 100 year capacity left in their facility. Stormwater Management The project is located in the City of Okeechobee and according to the attached FIRM panel 12093C0415C, this parcel is in Flood Zone C. There are wellfields within 1,000 feet of the parcel, however, Taylor Creek lies between the well fields and this parcel providing a hydraulic and physical barrier to any potential adverse impacts. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre - development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off -site will be minimized by on -site detention within the stormwater management system. The drainage system will be owned, operated and maintained by the owner, who's past record of compliance has beens shown to be a responsible property owner and should be acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: • Oil and grease skimmers; • Environmental swales; • Minimize "short- circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. Parks and Recreation As a self- contained Industrial facility, no impact to the parks and recreation needs of the City is anticipated. Hurricane Preparedness According to information in the Treasure Coast Transportation Analysis Hurricane Evacuation Study Update 2003, dated November 2003, the property is not located in any storm surge zone. The property is not within the Category 3 Hurricane Evacuation Area. Miscellaneous Data Parcel Control Numbers Subject to this Application 3- 15- 37 -35- 0010 - 00020 -0060, 3- 15- 37 -35- 0010 - 00020 -0010, 3- 15- 37 -35- 0010 - 00010 -0010, 3- 15- 37 -35- 0010 - 00020 -0210, 3- 15- 37 -35- 0010 - 00020 -0230, and 3- 15- 37 -35- 0010 - 00010 -0050 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. Prepared by and return to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863- 763 -3131 File No.: 16 -8946 11111111111111111111111111111011111111 FILE HUM 2016003918 OR BK 774 PG 274 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 04/28/2016 03:59:20 Ph AMT $300,000.00 RECORDING FEES $18.50 DEED DOC $2,100.00 RECORDED BY M Pinon Pas 274 - 275; (2 P95) Parcel Identification No. 3- 1537 -36 -0010 -00020 -0060; 3 -16 -07-36-0010-00010 -0010;3- 1537 -35 -0010 -00010 -0050; 3 -1637- 36 -0010 -00020. 00230; 3-16-37-36-0010-00020-0210; and 3-16-37-36-0010-00020-0010 (Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 27th day of April, 2016 Between SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 whose post office address is 12138 Diedra Court, Orlando, FL 32825 of the County of Orange, State of Florida, grantor', and 441 PALMS, LLC, a Florida limited liability company whose post office address is 1080 SE 23rd Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to-wit: Lots 1 to 8, inclusive, Block 1; Lots 1 to 10, inclusive, Block 2; and Lots 21 to 26, Inclusive, Block 2, CITY OF OKEECHOBEE, according to the plat thereof recorded In Plat Book 6, Page 5, Public Records of Okeechobee County, Florida. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF SURAIYA HUSAIN OR MUZAFFAR HUSAIN. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "Grantor" and "Grantee' are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witn e: A4pEIRAHMAJ ZEINI Witness Name: W' ss e: AAOE-r AHMAN Witness Name: SURAIYA HUSAIN, Individually and as Trustee MUZAFFAR HUSAIN, Individually and as Trustee Book774 /Page274 CFN #2016003918 Page 1 of 2 State of Florida County of Q VIZ The foregoing instrument was acknowledged before me this 27th day of April, 2016 by SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996, who L] is personally known or �] has produced , [� as identification. , [Notary Seal] Notary Public ifr5r 011111110140 itENEE , yp /to Printed Name: 1,4,6-s-4_, f 6Yv1,4f $FF 912011 My Commission Expires: is/ w/ i Book774 /Page275 CFN #2016003918 Page 2 of 2 441 Palms, LLC Comprehensive Plan and Rezoning Legal Description LOTS 1, 2, 3 AND 4, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 5, 6, 7 AND 8, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 1, 2, 3, 4 AND 5, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 6, 7, 8, 9 AND 10, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 21 AND 22, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 23, 24, 25 AND 26, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. O 0 fD Ocs- rDs T C (D r- 0_ 3 (D O Q 3 (D (1) fD 1 O O Uq O 0 (D T r C rn X ET- Wt: 0) 3 r 415 O 0 s O Cr O O -n r4 c (D Z Ell CD- C (D D (D C 3 73 : • 3 • N c r- -3 r c 7 O_ 5 00 O .O (D r-f 0 c rD O Dq m 0 May 19, 2016 Marcos Montes De Oca, City Administrator City of Okeechobee 55 NE 3`d Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Traffic Statement Dear Mr. Montes De Oca: Steven L. Dobbs Engineering, LLC, has completed an analysis of the traffic generation statement for the above referenced facility. The project is to support a Comprehensive Plan Amendment from a FLU of Single Family Residential to Commercial for 3.27 acres of land in parcels 3- 15- 37 -35- 0010 - 00020 -0010, 3- 15-37-35- 0010 - 00010 -0010, 3- 15- 37 -35- 0010- 00020 -0210, 3- 15- 37 -35- 0010- 00020 -0230, and 3- 15- 37 -35- 0010- 00010 -0050. This analysis was based on a spreadsheet distributed by the Florida Department of Transportation, which is based on the Institute of Transportation Engineers (ITE) Trim Generation Manual (6th Edition). The results indicate the existing FLU of Single Family Residential has a maximum density of 6 units per acre or 19 single family units (ITE code 210), would generate 191 daily trips with 20 peak PM trips with 13 being in and 7 being out. The proposed FLU of Commercial with a maximum development rate according to the City LDRs is 50 %, which would yield 71,200 sf of commercial development. For this analysis, Medical Dental Office (ITE code 720) was used due to the historic development in the area which yield 2,565 daily trips with 260 peak PM trips with 70 being in and 190 being out. This expansion will only generate an additional 2,374 daily trips with 240 PM peak trips with 57 being in and 17 being out. NE 13th Street is a dead end street with no median opening on Highway 441N, so all traffic would be right in and right out off Highway 441 for NE 13th Street. The requirement from the City's LDR is for all arterial road to function at a Level of Service (LOS) C and all other road LOS D. According to FDOT, the LOS for roads 35 mph or less and LOS D the two way traffic is 13,300 Annual Average Daily Trips (AADT), which is the requirement for NW 13th Street. This segment would meet a LOS D. For the segment on Highway 441 where the LOS for 4 lane roads over 40 mph the LOS is 34,000 AADT. According to the FDOT's Florida Traffic Online which is updated every April, the AADT is 20,500, so even with the additional 2,374 daily trips this segment would meet a LOS C. Should you have any questions or comments, please do not hesitate to call. Sincerely, Steven L. Dobbs Engineering Steven L. Dobbs, P. E. President CC: Carrot Word File I � Do s,,r� G.. • • � " is SAN I '+a No 46134 Steven L Dobbs;0.E• MAY 2 0 G ° . 48134 1062 Jakes Way, Okeechobee, FL 34974 Phone: (863) 824 -7644 CeII: (863) 634 -0194 Email: sdobbs @stevedobbsengineering.com Website: www.SteveDobbsEngineering.com x 0 0 0 3 3D 0 0 3D 0 N N � A E 0 O O 3 0 O 3 3 lD n 0) 0 O 3 (D co TJ 0 Ca o C7 NG N m N N V Drive -In Bank 912 7 (Furniture Store 890 Walk -In Bank 911 Discount Club 861 Pharmacy /Drugstore w/ Drive -thru Convenien. Mkt (Open 16 Hrs) 852 Convenien. Mkt w/ Gas Pumps 853 Supermarket 850 Convenien. Mkt (Open 24 hrs) 851 Serv.Station w/ Conven.Mkt 845 Tire Store 848 Drive Thru Onl r 835 Service Station 844 Fast Food with Drive Thru 834 High Turnover /Sit Down Rest. 832 Fast Food w/o Drive Thru 833 Quality Restaurant 831 1Shopping Center 820 (Equation) Nursery (Garden Center) 817 Buildin Materials /Lumber 812 Hardware /Paint Store 816 Medical Dental Office 720 1Daycare Center 565 General Office 710 (Equation) (Health Club 493 Church 560 Motel 320 !Marina 420 Retirement Community 250 All Suites Hotel 311 Apartments 220 Mobile Home Park 240 Mini Warehouse 151 Single Family Homes 210 Truck Terminal 030 General Li•ht Industrial 110 CDescriptiontlTE Code (D 5C 7 O O C0 co TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross Fuel Position Service Bays TSF Gross Fuel. Position TSF Gross TSF Gross 11 TSF Gross !TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross Occ.Room Berths DU Occ.Room CJ O C c TSF Gross DU Acres TSF Gross Units Expected Units Not Available Not Available Not Available Not Available Not Available 191_ 1 Daily Trips Expected 20 PM Peak Trips - Total Not Available _ W E 7 v V V V V v V Z 0 0 N 0 w Q c 3 a m1 N , , O o 0 0 Total I Lunch Hour Traffic o c 0 o O O cc 0 0 0 (D 03 O W m A O 0) 91 Calculations using the most Used Trip Generation Rates from the 6th Edition ITE Trip Generation Report 0 0 0 3 o, (D 0 O o N N � A E 0 n O 5' 0 0 3 3 a. 0 3 a x 0 0 O Z7 0 0 m 0 m 5P, N m w m 0 u, x 0 Drive -In Bank 912 Furniture Store 890 Walk -In Bank 911 Discount Club 861 Pharmacy /Drugstore w1 Drive -thru 1Convenien. Mkt (Open 16 Hrs) 852 Convenien. Mkt w/ Gas Pumps 853 Supermarket 850 Convenien. Mkt (Open 24 hrs) 851 Serv.Station w/ Conven.Mkt 845 Tire Store 848 Drive Thru Only 835 Service Station 844 Fast Food with Drive Thru 834 High Turnover /Sit Down Rest. 832 Fast Food w/o Drive Thru 833 (Quality Restaurant 831 'Shopping Center 820 (Equation) Hardware /Paint Store 816 Nursery (Garden Center) 817 Medical Dental Office 720 Building Materials /Lumber 812 General Office 710 (Equation) 1Church 560 Daycare Center 565 Marina 420 Health Club 493 (All Suites Hotel 311 Motel 320 Mobile Home Park 240 Retirement Community 250 Single Family Homes 210 Apartments 220 1General Light Industrial 110 Mini Warehouse 151 Description /ITE Code Drive -In Windows) TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross ITSF Gross Fuel Position Service Bays TSF Gross Fuel. Position 'TSF Gross TSF Gross TSF Gross 1TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross TSF Gross Berths TSF Gross Occ. Room Occ.Room 0 0 C C DU DU TSF Gross TSF Gross P, m C Expected Units Not Available Not Available Not Available 2,565 Not Available Not Available Daily Trips Expected 260 PM Peak Trips - Total Not Availabl O ro E 3 » » > No calculations but studies sho O O O H O N Lunch Hour Traffic O O O 5 O O O 0 c w'Lunch Peak 146 -364 two way trips Calculations using the most Used Trip Generation Rates from the 6th Edition ITE Trip Generation Report S IOZ- VW -ZL C C O C C C O O C o O O O O C C II CO o x (i r r t- I-= O O O c O C O C c O O C II 7_ >--1 0 0 0 o N N r r-- c c 0 0 0 0 !I H H 0 H 6, 1„n --• W a W CD 01 .r. N (D CA �. O`. C,J N 3 01 .. .. •• •• CO CO CO CO Z U) GO U) C, II II CC r r r N rL :✓ ' n F--' 3)1 N CD ▪ C: U • LP O Cn > o > DC - 0 . b 0 0Oi77) -.l • - J H C ▪ C C H 3 H 11 o 0 o =I C • c C) U. 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(0 (I) C C co 0) 0) Severely Eroded Spot Soil Map — Okeechobee County, Florida 441 Palms, LLC Map Unit Legend Okeechobee County, Florida (FL093) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 6 Manatee loamy fine sand, depressional 5.4 72.9% 11 Immokalee fine sand, 0 to 2 percent slopes 2.0 27.1% Totals for Area of Interest 7.4 100.0% USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 5/17/2016 Page 3 of 3 C xnea2g y ylauuag 'ON Erl (0289 IYSd) iddij OLIOM 102IVO PREPARED FOR THE EXCLUSIVE USE OF: c�voi aq n4sa�uo .won f V 0 v z A< 0 e 0 8 8 8 R F ng i ;o gg 35 9 A 9 fF 1 gcg 1 p8 o� gg Qo 0 01 u1 A4yy°'0\nm W NU�op.9z — —I — V &o — I 15' ALLEY (NOT IN USE) N 00'00'00" W 150.00' 03 9 xm O NF9�$ N 00 000'00° E 150.00' z Ui 0 N S 00'00 00" W 150.00 Z m LO N W N O M W N I+q' I ❑ 0 A O` 43, 0 —s. — �— 1-- 0 no I 0. 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R�n� ❑ mom 15.00' om DZ Z N5 50 • m mn N r ❑ O n8 CO S 00 °00'00" W 1 50.00' m N O 0 15.00' S 00 °00'00" W 1 50.00' ,00'0L 3 .0Z,9S.68 N N 00 °00'00" E 1 50.00' D Z oho DO�_ v m �m u 00 20 m W 1+ n E1 A m ' 1 'p ,0 n n o n ov ,z) 8 N N� ❑ • ''=-'5.'- r-gm N W e ��°o 0 Q - i2c2cD- - FT-� S 00 °0010011 W 1 50.00' RIVERSIDE DRIVE AS SHOWN ON PLAT OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT BOOK 1, PAGE 22) r330 8O-Utl1 WI "91 4Vp.YAi H ql$141 44!WEI01 N :°!!!:!:: li M! 0 11 �. ° gg 2,4 W 1 ~ Staff Report Small Scale Comprehensive Plan Amendment Prepared for: City of Okeechobee Applicant: 441 Palms, LLC Petition No.: 16- 003 -SSA L11 ■' f Planning & Management Services, inc. 1375 Jackson Strci•t. Suite 206 Fort Florid: 239 - 33,3366 Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16- 003 -SSA General Information Owner /Applicant Site Address Contact Person Contact Phone Number Contact Email Address 441 Palms, LLC 1080 SE 23rd Street Okeechobee, FL 34974 150 NE 13th Street Okeechobee, FL 34972 Stephen L. Dobbs, Agent 863 - 824 -7644 sdobbs @stevedobbsengineering.com Legal Description of Subject Property Parcel Identification Numbers: 3- 15- 37 -35- 0010 - 00010 -0010, 3- 15- 37 -35- 0010 - 00010 -0050, 3- 15- 37 -35- 0010 - 00020 -0010, 3- 15- 37 -35- 0010 - 00020 -0210, 3-15-37-35-0010-00020-0230 Legal Description: LOTS 1, 2, 3 AND 4, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORI DA. AND LOTS 5, 6, 7 AND 8, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 1, 2, 3, 4 AND 5, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 21 AND 22, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 23, 24, 25 AND 26, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida Local Governinems Since 1986 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16- 003 -SSA Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for the above five properties encompassing 3.3 acres currently designated Single - Family. The Applicant proposes to change the Future Land Use designation from Single- Family to Commercial. The property is zoned H- Holding and is also the subject of concurrent rezoning petition (16- 003-R) to change the zoning of the property to CLT, Light Commercial. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8 through 10 Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Single- Family Residential H, Holding Vacant 3.3 acres Proposed Commercial CLT, Light Commercial Medical offices 3.3 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use East Commercial CHV- Heavy Commercial Okeechobee Health Care Facility Single Family RSF1- Residential Single Family Large Single Family Residence Property Single Family H- Holding Vacant Single Family & Commercial CHV- Heavy Commercial Medical office & Vacant Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16- 003 -SSA General Analysis and Staff Comments A Qualification for Amendment Based on the size of the property (3.30 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. B. Current Situation 1. Practical Maximum Likely Development Potential The maximum development potential in the Single - Family Future Land Use Category is four units per acre (five if used for affordable housing) which would allow for between 13 and 16 single - family homes. 2. Current Use The subject property is currently vacant. C. Future Development Potential as Commercial 1. Maximum Likely Future Development Potential The maximum development potential in the Commercial Future Land Use Category is a floor- area -ratio of 3.0 and a maximum of 85% impervious surface area. This equates to approximately 431,240 square feet of maximum allowable building area. Of course, in Okeechobee, a 0.25 FAR has proven the most likely maximum development potential. This translates to about 108,000 square feet. 2. Proposed Use The Application states the intended use of the subject property is for a 71,200 square foot medical /dental office facility. Comprehensive Plan Analysis A. Consistency with the Comprehensive Plan and Compatibility with Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adja- cent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16- 003 -SSA This parcel is adjacent to a nursing home. We believe that a Commercial designation for this property is an appropriate use. B. Adequacy of Public Facilities Potable Water and Wastewater The Applicant has computed the likely demand for water and sewer services at 0.15 gallon /day /square foot of nonresidential uses as set forth in the City's Application. The resultant demand is estimated at 10,683 gallons per day. Given OUA's current capacity and recent level of average daily flow as provided by the Applicant, it would appear that there is adequate capacity to address water and sewer needs. However, the Applicant has not provided the required letters from Okeechobee Utility Authority confirming the Authority's ability to provide water and sewer service to the proposed development. Roadways Based the traffic generation factor for Medical - Dental Offices contained in the most recent edition of the Trip Generation prepared by the Institute of Transportation Engineers (ITE), the proposed Future Land Use change will result in an increase in more than 100 peak hour vehicle trip ends over that associated with development under the current Future Land Use designation of Single- Family Residential. As a result, the Applicant was required to have a professional Traffic Impact Analysis (TIA) prepared. Following is our summary of the findings and their implications with regard to consistency with the City's Comprehensive Plan. The roadway segment studied is the stretch of US 441 from SR 70 to NW 16th Street and the signalized intersection involved is that of US 441 and SR 70. The estimated increase in traffic is 221 and 279 trips in the AM and PM peak hours, respectively. The greatest increase in traffic is during the PM peak when 177 vehicles will exit the property northbound on US 441 and 137 of these will make U -turns at NW 16th Street heading southbound on US 441 and enter the intersection of US 441 and SR 70. The Applicant's TIA stated that both the study segment and the study intersection are currently operating below the accepted LOS C standard prescribed by the Florida Department of Transportation and the Okeechobee County Comprehensive Plan. That is, the City's Level of Service (LOS) Standard for the study roadway segment is "C ", but is currently operating at "D ". Further, both the northbound and southbound portions of US 441 at its intersection with SR 70 are operating at LOS "F" (80 seconds delay or more), which is essentially a failing situation with existing northbound delays of 110.4 seconds and the critical situation of southbound delays of 79.6 seconds. Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16- 003 -SSA When traffic from the proposed 71,200 square foot medical /dental complex is added, the roadway segment of US 441 from SR 70 to NW 16th Street will continue to operate below standard with the PM Peak traffic increasing from 2,030 to 2,248, an increase of 10.7 %. Moreover, the southbound delay on US 441 at its intersection with SR 70 will increase from 94.5 to 128.4 seconds, an increase of almost 40% which will be instrumental in reducing the overall LOS of the intersection during the PM Peak from "E" to "F" The TIA includes an analysis of the storage provided by the existing northbound left turn lane to accommodate the traffic demand when the proposed medical /dental complex is operational. The conclusion was that it will be able to accommodate the anticipated traffic demand. We do, however, have concerns over the traffic impacts of the proposed development. that lead us to question whether or not the proposed project is consistent with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan, which reads as follows: "The City shall not permit new development to occur in locations where the existing traffic circulation network is insufficient to accommodate the impacts of the development, unless definite provisions are made to provide the necessary capacity prior to or concurrent with the development." Specifically: 1. There is a bike lane on the southbound side of US 441. Further information is needed to determine the extent and time of use of the bike lane in the vicinity of NW 16th Street. The increased volume of U -turns during the PM Peak hour, added to the left-hand turns from the main hospital entrance, could increase the likelihood of potential conflicts between bike riders and mid -to -large -size SUVs and similar sized vehicles making U -turns and encroaching into to the bike lane. 2. The increase in traffic from the proposed development is expected to significantly increase the delay for southbound traffic at the intersection of SR 70 and US 441 and further diminish the level of service at the intersection from an overall "E" to "F ". It was the recommendation in the TIA that discussions be initiated with the City of Okeechobee staff to explore opportunities for encouraging multimodal travel and transit use to reduce the existing and future operational deficiencies identified within the study area. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16- 003 -SSA While this would represent a good approach to improving the overall traffic situation in the City, with regard to the impacts of the proposed medical /dental complex, we suggest it would be more appropriate for the City to attach the following condition to any approval of the requested Small Plan Amendment and attendant rezoning: In accordance with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan, it is recognized that the existing traffic circulation network may be insufficient to accommodate the impacts of the proposed development. Therefore, any future development may be subject to participation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. These improvements may include, but not be limited to; a traffic signal at NW 16th Street and US 441, if and when warranted; or, an extension of NE 3`d Avenue from NE 13th Street southward to NE 8th Street forming a continuous roadway connecting to SR 70, thereby enhancing the City's grid system and alleviating southbound congestion at the SR70 /US 441 intersection. Solid Waste The County has recently confirmed a considerable level of excess capacity in the landfill available to serve the solid waste disposal needs of other major developments in the City. It appears reasonable to expect that even the volume of solid waste associated with a development of 71,220 square feet of commercial use could be accommodated by the County's solid waste disposal capacity. Drainage The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. C. Environmental Impacts We agree with the Applicant that the site appears to have no unique characteristics with regard to environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16- 003 -SSA Recommendation Based on the foregoing analysis, we find that the requested Commercial Future Land Use Designation for the subject property can be considered consistent with the City's Comprehensive Plan, with the following stipulations. 1. The Applicant submits the required letter from Okeechobee Utility Authority confirming the Authority's ability to provide potable water and waste water treatment services to the proposed development. 2. In accordance with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan, it is recognized that existing traffic circulation network may be insufficient to accommodate the impacts of the development. Therefore, any future development may be subject to participation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. These improvements may include, but not be limited to; a traffic signal at NW 16th Street and US 441, if warranted; or, an extension of NE 3`d Avenue from NE 13th Street to NE 8th Street form a continuous roadway connecting to SR 70, thereby enhancing the City's grid system and alleviating southbound congestion at the SR70 /US 441 intersection. Alternatively, the scale of any future development may be required to be reduced to a level that will be consistent with the ability of the traffic circulation network to accommodate the impacts of the development. Submitted by: Wm. F. Brisson, AICP Sr. Planner September 7, 2016 Planning Board /LPA Public Hearing: September 15, 2016 City Council Public Hearing: October 4, 2016 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16- 003 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE as YUIT, • FAMII. . COMMERCIAL - rroVSTRtAL PUBLIC FACIi. RESIDENTIAL MIXED USE Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-SSA 1 11 1 1 ----1 NI um MU NE =ME ZONING SUBJECT SITE AND ENVIRONS ZONING • COD - COMM et S SESS CNV • HEAVY C. ''ERCIAL • CV - IASI CC 7 c Pue EL _ pLID-MIAED FUD-R RMF RESt7E-^.-IALM RMN - RE: : RSF1 • RE 'en AL SON - RSFZ • I"- E - 'at.E. F00: Serving Florida Local Governments Sint e 9 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16- 003 -SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 10 Traffic Impact Analysis 1.0 Introduction The purpose of this report is to document the results of the Traffic Impact Analysis for the proposed change in land -use for the property referenced as 441 Palms located on the northeast corner of SR- 15 /US -441 and NE 13 Street. The proposed project consists of changing the future land -use from 19 Single family homes to 71,200 square feet of Medical - Dental Office. Marlin Engineering, Inc. has completed this traffic impact analysis for submittal to the City of Okeechobee to assess the project's impact on the surrounding transportation network and determine if adequate capacity is available to support future demand. The study's methodology is consistent with the requirements outlined in Section 5.05.01 of the Okeechobee County Code of Ordinances. This report summarizes the data collection, project trip generation and distribution, and capacity analyses. A traffic study methodology was submitted to the City of Okeechobee staff on July 15, 2016 and was approved on July 26, 2016. 1.1.1 Project Description The project has an expected build -out year of 2017 and will be built in one (1) development phase with the following existing and proposed land -uses: Existing • 19 Single Family Homes (ITE Land Use Code 210) Proposed • 71,200 square feet of Medical-Dental Office (ITE Land Use Code 720) 4 MARLIN Traffic Impact Analysis 1.1.2 Traffic Impact Study Area The proposed study area is delineated by Taylor Creek to the east, NW 3 Avenue to the west, NW 16 Street to the north and SR- 70/NE -NW Park Street to the south. Consistent with Section 5.05.01 of the Okeechobee County Code of Ordinances, the traffic study will include the analysis of the segment of SR -15 /US -441 between SR- 70/NE -NW Park Street and NW 16 Street and the intersection of SR -15 /US -441 and SR- 70/NE -NW Park Street. The project location and proposed study area are presented in Figure 1. MARLIN 51 A/ARLIN Figure 1: Study Location Map Raulerson Hospital H Parrott 6 I Page Traffic Impact Analysis 2.0 Existing Conditions The following sections describe the physical characteristics of the pertinent roadways within the traffic impact area. • NE 13 Street: Two -lane local road, running in the east -west direction. NE 13 Street is a cul -de -sac. • SR -15/US -441: Four -lane divided urban principal arterial, running in the north -south direction immediately west of the proposed site. SR -15 /US -441 is a State maintained facility and falls under the jurisdiction of the Florida Department of Transportation. • SR- 70/NE -NW Park Street: Four -lane divided urban principal arterial, running in the east -west direction approximately 4,800 south of the proposed site. SR- 70/NE -NW Park Street is a State maintained facility and falls under the jurisdiction of the Florida Department of Transportation. 2.1.1 Traffic Signal Timing Existing signal timing and phasing was obtained from the City of Okeechobee Public Works Department and is included in Appendix B. 2.1.2 Peak Season Adjustment Factors A seasonal factor obtained from the FDOT Florida Traffic Information Online was used to adjust the raw turning movement counts to peak season turning movement counts. The FDOT peak seasonal factors are included in Appendix A and the data collection date and corresponding peak season conversion factor is shown in Table 1. Table 1 — Data Collection Summary Intersection Date Peak Season Factor SR -15 /US -441 and SR- 70/NE -NW Park Street 7/19/2016 1.27 71` MARLIN Traffic Impact Analysis 3.0 Data Collection Twenty -four (24) hour approach counts were conducted on Tuesday, July 19, 2016 at the intersection of SR -15 /US -441 and SR- 70/NE -NW Park Street. The traffic count data sheets are provided in Appendix A and summarized in Table 2. Table 2 — Summary of 24 -hour Approach Count Data Approach SR 15/US 441 and NE/NW Park Street Southbound 10345 Northbound 10200 Eastbound 9310 Westbound 12827 Based on the results of the approach counts, Turning Movement Counts (TMCs) were collected at the intersection for the morning and afternoon peak periods of a typical weekday. The raw traffic count data sheets are provided in Appendix A and summarized in Table 3. Table 3: Summary of Raw Peak Hour Traffic Volumes Approach SR 15/US 441 and NE/NW Park Street AM Peak Hour PM Peak Hour (11:00 AM to 12:00 PM) (4:45 PM to 5:45 PM) Right Total Vehs. Right Total Vehs.' Southbound 262 434 79 775 426 462 95 983 Northbound 200 256 185 641 217 317 233 767 Eastbound 101 346 138 585 137 455 100 692 Westbound 309 387 144 840 307 438 162 907 The segment traffic volumes for the both morning and afternoon peak periods were calculated from the intersection turning movement counts (TMCs). The existing seasonally adjusted segment and intersection volumes are presented in Figure 2 and Figure 3. 81= MARLIN Traffic Impact Analysis Figure 2: Existing AM Peak Seasonally Adjusted Traffic Volumes NW 16 Street 984 1 SR -15 /US -441 10.2% 56.0% 33.8% 100 551 333 t 636 NE 13 Street 183 17.1% 491 46.1% 392 36.8% 17.3% 128 J 59.1% 439 i 23.6% 175 MARLIN 254 31.2% 1 325 235 39.9% 28.9% SR- 70 /NE -NW Park Street 9 Traffic Impact Analysis Figure 3: Existing PM Peak Seasonally Adjusted Traffic Volumes NW 16 Street 1248 1 9.7% 47.0% 43.3% 121 587 541 r 782 NE 13 Street 206 17.9% 556 48.3% 390 33.8% 19.8% 174 .� 65.8% 578 Imik 14.5% 127 MARLIN 276 403 296 28.3% 41.3% 30.4% SR- 70 /NE -NW Park Street 10 Y�_t Traffic Impact Analysis 4.0 Existing Conditions Capacity Analysis An analysis of existing traffic conditions was performed for the A.M. and P.M. peak hour along the study segment and at the study intersection. The Florida Department of Transportation (FDOT) Generalized Level of Service (LOS) Tables were used to identify the vehicular capacity on the roadway segment based on thresholds for Peak Hour Two -Way traffic volumes in Urban Areas. The intersection Levels -of- Service was determined for the existing A.M. and P.M. peak conditions using Synchro (Version 9.0) based on the procedures of the Highway Capacity Manual (2010). The level of service thresholds from the 2012 FDOT Quality /Level of Service Handbook are included in Appendix C and the results of the segment analysis are summarized in Table 4. The results of the Synchro analysis are provided in Appendix D and summarized in Table 5. Table 4: Existing Traffic Transportation Corridor Level of Service Analysis Roadway Facility Type LOS Standard LOS C Volume Threshold Two -Way Segment Traffic LOS AM Peak PM Peak AM Peak PM Peak SR -15 /US -441 4 -Lane Divided Principal Arterial C 1,310 1,620 2,030 D D Table 5: Existing Traffic Intersection Level of Service Analysis Peak Period Approach EB WB NB SB Overall AM 54.7 D 49 E 69.5 E 65.5 E 59.3 PM E 61.9 D 50.7 F 110.4 F 94.5 E 79.6 MARLIN Traffic Impact Analysis The analysis revealed that under existing conditions, both the study segment and the study intersection operate below the accepted Level -of- Service standard established in the Okeechobee County Comprehensive Plan (LOS C). 5.0 Future Background Traffic Future background traffic for this study was developed by applying a yearly growth rate to the seasonally adjusted traffic counts to estimate the background traffic for the year 2017, which is the project's anticipated build out year. The growth rate calculations were based on historical traffic counts obtained from FDOT Florida Traffic Online; growth rate data is included in Appendix E and summarized in Table 6. The following FDOT count stations were referenced for this analysis: • Station 91 -0002 (SR -15/US -441, North of NW 13 Street) • Station 91 -0103 (SR -15 /700 /US- 98/441, South of SR -70) • Station 91 -5012 (SR -70, East of SR -15 /700 /US- 98/441) • Station 91 -0019 (SR- 70/700/US -98, East of SR- 700/US -98) • Table 6: Growth Analysis Summary Considering the results of the trend analysis, no growth is anticipated within the traffic impact area before the opening of the project. The existing seasonally adjusted volumes will be utilized as background traffic and the capacity analyses (segment and intersection) for existing conditions will be utilized as that of future background conditions. 121 MARLIN 10 -Year Total Station Historical Growth Average Growth Rate Rate 910002 0.22% 910019 0.28% 910103 -0.36% -0.57% 915012 - 2.40% Considering the results of the trend analysis, no growth is anticipated within the traffic impact area before the opening of the project. The existing seasonally adjusted volumes will be utilized as background traffic and the capacity analyses (segment and intersection) for existing conditions will be utilized as that of future background conditions. 121 MARLIN Traffic Impact Analysis 5.1.1 Planned and Programmed Roadway Improvements The Florida Department of Transportation (FDOT) Five Year Work Program was reviewed to identify any programmed (funded and /or committed) capacity improvement projects within the traffic impact study area. There were no capacity improvement projects found within the study area over the next five years; the existing roadway geometry was used as the future roadway network in the future analysis. 6.0 Project Traffic 6.1.1 Trip Generation Project traffic was developed using trip generation rates from The Trip Generation Manual, 9th Edition, by the Institute of Transportation Engineers (ITE) based on the following existing and proposed land -uses: Existin • 19 Single Family Homes (ITE Land Use Code 210) Proposed • 71,200 square feet of Medical - Dental Office (ITE Land Use Code 720) Based on the proposed land -use type no reductions were taken for internal capture or pass -by capture. The net new trips were calculated by subtracting the trips from originally proposed land - use from the new proposed land use. The results of the trip generation are presented in Table 7. MARLIN 131 Traffic Impact Analysis Table 7: Trip Generation Summary PM Peak = O Is ` W D\ Proposed � -. -, S r-, NO M vz O a\ r M O c M Peak Hou r Trips v') N O M N Rate/Equation LN (T) = 0.88 LN (X) +0.62 N 4 AM Peak = O 0.-, — oo M j, 00 N C N `D in 1-1 ° G P* x �-+ N T =3.42 (X)+3.38 247 N N Rate /Equation T =0.70 (X) +12.12 con = w C/D Net New Trips Percent Distribution 4" • v. C i.r cS N Land -Use Medical- Dental Office Building Single Family Detaches Housing W VN O N Traffic Impact Analysis 6.1.3 Trip Assignment Based upon the trip distribution described in the previous section, the total weekday morning and afternoon peak project trips were assigned to the roadway network. Figures 6 and Figure 7 show the trip distribution and assignment on the roadway network during both the morning and afternoon peak periods. MARLIN 181 Page Traffic Impact Analysis Figure 6 - Trip Assignment (A.M. Peak Hour) Traffic Impact Analysis Figure 7 - Trip Assignment (P.M. Peak Hour) NE 13 Street tt v- sn /sT -as /NE -NW Park Street N j. Traffic Impact Analysis 7.0 Future Total Traffic Future total traffic for this study was developed by adding the anticipated traffic generated by the project to the existing traffic within the study area. The anticipated future total volumes are presented in Figure 8 and Figure 9. MARLIN 21IP Traffic Impact Analysis Figure 8: Future Total AM Peak Traffic Volumes NW 16 Street SR -15 /US -441 96.7% 3.3% 1032 35 1032 1 10.9% 55.1 % 33.9% 113 569 350 nt 49 824 63 t 761 124 86.0% 14.0% t 761 NE 13 Street 229 20.6% a 491 44.2% ra 392 35.3% 20.7% 160 mit 56.7% 439 22.6% 175 MARLIN t 254 371 235 29.5% 43.2% 2Z3% SR- 70 /NE -NW Park Street 22 1 '' Traffic Impact Analysis Figure 9: Future Total PM Peak Traffic Volumes NW 16 Street 98.4% 1.6% 1386 23 1386 1 11.5% 46.0% 42.5% 160 638 588 n 137 925 tam 63 862 80 91.5% 8.5% t 862 NE 13 Street to 235 19.9% • 556 47.1% rn 390 33.0% 21.7% 195 .t 64.2% 578 14.1% 127 '1 MARLIN 1 276 432 296 27.5% 43.1% 29.5% SR- 70 /NE -NW Park Street 23 Traffic Impact Analysis 8.0 Future Total Traffic Capacity Analysis An analysis of future total traffic conditions was performed for the A.M. and P.M. peak hour along the study segment and at the study intersection. The Florida Department of Transportation (FDOT) Generalized Level of Service (LOS) Tables were used to identify the vehicular capacity on the roadway segment based on thresholds for Peak Hour Two -Way traffic volumes in Urban Areas. The intersection Level -of- Service was determined for the future total A.M. and P.M. peak conditions using Synchro (Version 9.0) based on the procedures of the Highway Capacity Manual (2010). The level of service thresholds from the 2012 FDOT Quality /Level of Service Handbook are included in Appendix C and the results of the segment analysis are summarized in Table 8. The results of the Synchro analysis are provided in Appendix F and summarized in Table 9. Table 8: Future Traffic Transportation Corridor Level of Service Analysis Roadway Facility Type LOS Standard LOS C Volume Threshold Two -Way Segment Traffic LOS AM Peak PM Peak AM Peak PM Peak SR -15 /US -441 4 -Lane Divided Principal Arterial C 1,310 1,793 2,248 D D Table 9: Future Traffic Intersection Level of Service Analysis Peak Period Approach EB WB NB SB Overall Li AM E 55.6 D 50 E 78.4 E 70.5 E 63.2 PM E 62.8 D 51.7 F 122.2 F 128.4 F 93.6 MARLIN 24IF';. Traffic Impact Analysis The analysis revealed that under future total conditions, both the study segment and the study intersection operate below the accepted Level -of- Service standard established in the Okeechobee County Comprehensive Plan (LOS C). 9.0 Access The proposed access to the site was reviewed to identify any potential issues that might degrade operations along the roadways adjacent to the project site. Access is being proposed through NE 13 Street which is a two -lane local road that intersects SR -15 /US -441 and ends in a cul -de -sac. Traffic from the north (southbound traffic) will access the site through an existing southbound left - turn lane which is anticipated to only service project traffic accessing NE 13 Street. Traffic from the south (northbound traffic) will access the site through a shared through /right -turn lane along SR -15 /US -441. A review of the [DOT Plans Preparation Manual (PPM) was performed to determine if an exclusive northbound right -turn lane should be provided. The PPM recommends the provision of an exclusive right -turn lane when the right -turn volumes exceeds 300 vehicles per hour and the adjacent through volume also exceeds 300 vehicles per hour. The trip assignment shows a maximum northbound right -turn volume of 124 vehicles during the morning peak hour and 80 vehicles during the afternoon peak hour which are significantly below the threshold prescribed by the PPM. It should be noted that egress vehicles that want to go south will have to make a right -turn from NE 13 Street onto SR -15 /US -441 and make a U -Turn using the existing northbound left -turn lane at NW 16 Street. As part of the access analysis, the operation of the aforementioned northbound left -turn lane was reviewed to ensure that the storage provided is sufficient to accommodate the future traffic demand with the addition of project traffic; the existing storage provided is approximately 230 feet (excluding the taper). The analysis was completed by adding the anticipated morning and afternoon traffic from the project to the existing left -turn traffic; an average length of 25 feet per vehicle was used. To be conservative, the existing Turning movement counts were collected during the afternoon peak period which is the peak traffic period of the day. A summary of the anticipated northbound traffic volumes and the results of the queuing analysis are presented in Table 10 and Table 11 respectively and the existing northbound left -turn volumes are provided in Appendix A. 25 1 MARLIN Traffic Impact Analysis Table 10: Future Peak Northbound Left -Turn Volumes Peak Period Existing Peak NB Left -Turn (vph) Left -Turns from Project Traffic (vph) Total Future NB Left -Turn Volume (vph) AM 100 49 149 PM 137 237 Table 11: Future Peak Northbound Left -Turn Queuing Analysis Peak Period Existing Storage (ft) Total Future NB Left -Turn Volume (vph) 95th Percentile Queue (veh) 95th Percentile Queue (ft)* AM 230 149 1.1 27.5 PM 237 3.8 95 *Based on an average vehicle length of 25 feet Based on the results of the queuing analysis, the northbound left -turn lane at the intersection of SR -15 /US -441 will be able to accommodate the future traffic demand with the addition of project traffic. No access improvements are recommended as part of this project. 10.0 Conclusions and Recommendations The purpose of this report is to document the results of the Traffic Impact Analysis for the proposed change in land -use for the property referenced as 441 Palms located on the northeast corner of SR- 15 /US -441 and NE 13 Street. The proposed project consists of changing the future land -use from 19 Single family homes to 71,200 square feet of Medical - Dental Office. An analysis of existing traffic conditions was performed for the A.M. and P.M. peak hour along the study segment and at the study intersection. The Florida Department of Transportation (FDOT) Generalized Level of Service (LOS) Tables were used to identify the vehicular capacity on the roadway segment based on thresholds for Peak Hour Two -Way traffic volumes in Urban Areas. The intersection Levels -of- Service was determined for the existing A.M. and P.M. peak conditions MARLIN 26 1 }' Traffic Impact Analysis using Synchro (Version 9.0) based on the procedures of the Highway Capacity Manual (2010). The analysis revealed that under existing conditions, both the study segment and the study intersection operate below the accepted Level -of- Service standard established in the Okeechobee County Comprehensive Plan (LOS C). Future total traffic for this study was developed by adding the anticipated traffic generated by the project to the existing traffic within the study area. An analysis of future total traffic conditions was performed for the A.M. and P.M. peak hour along the study segment and at the study intersection. The Florida Department of Transportation (FDOT) Generalized Level of Service (LOS) Tables were used to identify the vehicular capacity on the roadway segment based on thresholds for Peak Hour Two -Way traffic volumes in Urban Areas. The intersection Level -of- Service was determined for the future total A.M. and P.M. peak conditions using Synchro (Version 9.0) based on the procedures of the Highway Capacity Manual (2010). The analysis revealed that under future total conditions, both the study segment and the study intersection will continue to operate below the accepted Level -of- Service standard established in the Okeechobee County Comprehensive Plan (LOS C). The results of the analysis revealed that with the addition of project traffic, the peak hour volumes along the segment of SR -15 /US -441 increased by 173 vehicles /hour and 218 vehicles /hour during the morning and afternoon peak periods respectively and that the overall delay at the intersection of SR -15 /US -441 and SR- 70/NE -NW Park Street increased by 3.9 seconds and 14 seconds during the morning and afternoon period respectively. The proposed access to the site was also reviewed as part of this study to identify any potential issues that might degrade operations along the roadways adjacent to the project site. No access issues were identified; therefore, no access improvements are recommended as part of this report. It should be noted that both the study segment and the study intersection are currently operating below the accepted Level -of- Service standards prescribed by the Florida Department of Transportation and the Okeechobee County Comprehensive Plan. It is recommended that discussions be initiated with the City of Okeechobee staff to explore opportunities for encouraging multimodal travel and transit use to reduce the existing and future operational deficiencies identified within the study area. MARLIN 27 I i' <, -- lobee :es Department ( Exhibit 2 nue, Room 101 = lorida 34974 -2903 Phone: (863) 763 -3372, ext. 218 Fax (863) 763 -1686 Date: 5_� 3 -/, Petition No. I 6-- cC3 -1- Fee Paid: 'C1'7(,.o( e(( # lea Jurisdiction: Pi3 Ce_ 2nd Hearing: 1st Hearing: =1b` j pe, J {p--¢ --P -6L Publication Dates: .H-,- -x /343, eL-(6 ci 71NO 81a4;116 1feY`ilk110 Notices Mailed: -9.-=67-t-- T; 8- I--)( Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): 441 Palms, LLC 2 Owner mailing address: 1080 SE 3rd Street 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E -mail address: csoword90 @gmail.com 5 Name of contact person (state relationship): Steven L. Dobbs, P. E. - Consultant 6 7 Contact person daytime phone(s): 863- 824 -7644 PROPERTY INFORMATION Property address /directions to property: 150 NE 13th Street, Okeechobee, FL 34972 Approximately 0.9 miles north of the intersection of SR 70 and Highway 441N on the east side of Highway 441N. 8 Describe current use of property: The parcels involved in this rezoning are vacant. 9 Describe improvements on property (number /type buildings, dwelling units , occupied or vacant, etc. None Source of potable water: OUA Method of sewage disposal: OUA 10 Approx. acreage: 4.2 IV4.t'\ Is property in a platted subdivision? Yes, City of Okeechobee 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: North: Nursing Home East: Vacant Undeveloped South: Vacant Undeveloped West: Vacant Dr. Office and undeveloped 14 Existing zoning: Commercial, Holding Future Land Use classification: Commercial, SFR 15 Have there been any prior rezoning, property? (X )No ( )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 16 Request is for: (X ) Rezone ( ) Special Exception ( ) Variance 17 Parcel Identification Number: 3-15-37-35-0010-00020-006e,3-15-37-35-0010-00020-0010, v (Rev 3/5/15) 41/4 3- 15 -37 -35 -001() - 1)01110 -0010, 3- 15 -37 -35 -0()10 -00020 -0210, to t)<3- 15 -37 -35 -0010- 00020 -0230, and 3- 15- 37 -35- 0010- 00010 -0050 )i Page 1 of 11 011-31-n OFF J Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date Carrot Word 6-/.)'3 0l For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 3/5/15) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Owner 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 4/28/2016 - Attached 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date Carrot Word 6-/.)'3 0l For questions relating to this application packet, call General Services Dept. at (863)- 763 -3372, Ext. 218 (Rev 3/5/15) Page 2 of 11 kofs 7-10, 8LccR. Ct,crmnl- lc( are zOrref Heavy Cvryi 0,-;(2 a( al ev.eti think ,l -es is ?one ( 8-o/d, A ADDITIOLNAL INFORMATION REQUIRED FOR A REZONING Current zoning classificationQe mereial & Holding Requested zoning classification Light Commercial B Describe the desired permitted use and intended nature of activities and development of the property? 3- 15- 37 -35- 0010 - 00020 -0060 3- 15- 37 -35- 0010 - 00020 -0010 3- 15- 37 -35- 0010 -00010 -0010 3- 15- 37 -35- 0010- 00020 -0210 3- 15- 37 -35- 0010 - 00020 -0230 3- 15- 37 -35- 0010 - 00010 -0050 C Is a Special Exception necessary for your intended use? (X ) No ( ) Yes If yes, briefly describe: D Is a Variance necessary for your intended use? (x ) No ( ) Yes If yes, briefly describe: E Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70 -340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board /LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (Rev 3/5/15) Page 6 of 11 441 Palms, LLC Responses to Standards for Considering Changes in Zoning 1. The proposed change is not contrary to the Comprehensive Plan Requirements; The proposed request in not contrary to the Comprehensive plan requirements and is largely zoned Holding, which is a zoning awaiting modification. The existing Heavy Commercial is be requested to downgrade to Light Commercial. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed use has yet to be determined, but the use will fall in the requested zoning classification. 3. The proposed use will not have an adverse effect on the public interest; The proposed land use change should have a positive impact on the public interest to develop land that has access to all utilities and roads and bring the land value up as a developed parcel instead of undeveloped. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses and is not contrary or detrimental to urbanizing land use patters; The proposed use is appropriate for the location and compatible with the adjacent land uses. S. The proposed use will not adversely affect property values or living conditions, or be a detriment to the improvement or development of adjacent property; The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property as it will clean up previously dilapidated construction and develop previously undeveloped land. Findings required for rezoning or change in land development regulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in Tight of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 11 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood; The proposed use can be suitably buffered from surrounding unlike uses to the east and south by providing the City required setbacks of 20' from residential to the east and there is a road ROW buffer for the undeveloped parcel to the south. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; The use will not create density patterns that would overburden any public facilities. The potential development impacts will be within the already available amenities. 8. The proposed use will be create traffic congestion, flooding, or drainage problems, or otherwise affect public safety; The proposed use will not impact traffic congestion as this is currently a dead end street with abandoned prior uses and undeveloped parcels on the street with adequate access to SR 441N, which will be right in and right out as there is median on SR 441 adjacent from this street. 9. The proposed use has not been inordinately burdened by unnecessary restrictions; The proposed use has not been inordinately burdened by unnecessary restrictions. 441 Palms, LLC (Description of requested land use change and reason for request) 441 Palms, LLC, currently owns approximately 4.2 acres located in Section 15, Township 37S, and Range 35E. The property's parcel IDs are 3-15-37-35- 0010 - 00020- 0060, 3- 15- 37 -35- 0010 - 00020 -0010, 3- 15- 37 -35- 0010 - 00010 -0010, 3-15-37-35 -0010- 00020 -0210, 3- 15 -37 -35 -0010- 00020 -0230, and 3- 15- 37 -35- 0010 - 00010 -0050. It is currently located in the City of Okeechobee with a current zoning of Heavy Commercial for a major portion of Parcel 3- 15- 37 -35- 0010 - 00020 -0060 and a FLU of Commercial. The remaining parcels have a FLU of Single Family Residential and a zoning of Holding. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform Light Commercial zoning. The owner has purchased this parcel and is planning to change the zoning for commercial development. This application is for the City to grant a zoning on this parcel from the existing Heavy Commercial and Single Family Residential to Light Commercial. The existing access to this property is from NE 3rd Street from the south. 441 Palms, LLC requests that the Planning Board recommend to the City Council to grant the request to zone this parcel of land to Light Commercial. ?jepared by and return to: JOHN D. CASSELS, JR. Partner • CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863- 763.3131 File No.: 16 -8946 1 111111 11111 11111 11111 11111 11111 1111 1111 FILE NUM 2016003918 OR BIC 774 PG 274 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 04/28/2016 03:59 :20 P11 ALIT $3007000.00 RECORDING FEES $18.50 DEED DOC $2,100.00 RECORDED BY K Pinon P9s 274 - 275; (2 P9s) Parcel Identification No. 3- 1637 -36 -0010-00020 -0060; 3 -16 -3746-0010 40010.0010;3 - 1647.35 -0010 40010 -0050; 3 -1647- 35 -0010 -00020-00230; 3- 16-3746-0010 -00020 -0210; and 3- 1647 -36. 0010 -000204010 [Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made thls 27th day of Apr11, 2016 Between SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 whose post office address is 12138 Diedra Court, Orlando, FL 32826 of the County of Orange, State of Florida, grantor', and 441 PALMS, LLC, a Florida limited liability company whose post office address is 1080 SE 23rd Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee', Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 1 to 8, inclusive, Block 1; Lots 1 to 10, inclusive, Block 2; and Lots 21 to 26, Inclusive, Block 2, CITY OF OKEECHOBEE, according to the plat thereof recorded In Plat Book 6, Page 6, Public Records of Okeechobee County, Florida. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF SURAIYA HUSAIN OR MUZAFFAR HUSAIN. Subject to restrictions, reservations and easements of record, If any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. •'Grantor' and "Grantee' are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: i r . With s NI rf fie: AWL- AM-1MAta 261/41 Witness Name: W' ss e: AAI)El -rtAt - r'J YE /PI MUZAFFAR HUSAIN, Individually and as Trustee SURAIYA HUSAIN, individually and as Trustee Book774 /Page274 CFN #2016003918 Page 1 of 2 State of Florida County of OVA The foregoing instrument was acknowledged before me this 27th day of April, 2016 by SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996, who [] is personally known or �] has produced, 7[- as identification. ' [Notary Seal] Notary Public 111-5:r Printed Name: 1415—cc , T owi.q My Commission Expires: S/ ZS /11 Book774 /Page275 CFN #2016003918 Page 2 of 2 441 Palms, LLC Comprehensive Plan and Rezoning Legal Description LOTS 1, 2, 3 AND 4, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 5, 6, 7 AND 8, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 1, 2, 3, 4 AND 5, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 6, 7, 8, 9 AND 10, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 21 AND 22, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 23, 24, 25 AND 26, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 5/12/2016 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON o X A ly I I a_bF; I I I- I m 1 AP�sP4�� I W L__I__J_�e_e °IL__L__I__L to p m l fl .15 ,sag N 00 °00'00` E 1 50.00' W�- N ❑ ❑ °❑o'❑❑' W ( 50.00' xn ❑ A 8 6om'0O- w 15601' I+4 Io� my i 0 1 —8— r— —8❑ § o∎ 1 8 ' b W m.1 v 8 I 4R ig N 01 0 m RC' o1 m illm ❑8 0' n t N S 0090'00' E 1360' N A 0)1 my 01' x W 8, n° m 5 00 °00'00. W 1 50.00' - 13.000 N NE 3R0 AVENUE (uwlwNVED) 10 0/1Y 10.51 ACRES N 00 °00'00` E 1 50.001 N 0 f m tg rs s 00 °00'00' W 150.00' 5 00 °00'00` W 1 50.00' N 00'00'00` E 1 50.001 A W 1+ 0)1 01 )1 —D8— — _ m N 908 5 00 °0000 W 1 50.00' 011ER000 DRIVE AS SHOAT. ON PLAT a R1NERSOE ORIK AND ApAwIRL PROPERTY NEST Or TAYLOR [PLEA (PUT BOOK 1. PALE I3) ID 0' a m N 0 0 o f b5 !g Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: 441 Palms, LLC Petition No.: 16 -003 -R it Planning & Management Services, Inc. +,r 13 ?S Jackson Street, Suite 206 Fiat Vf■en, Florida 239-33 t -3366 Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16 -003 -R General Information Owner /Applicant Site Address Contact Person Contact Phone Number Contact Email Address 441 Palms, LLC 1080 SE 23rd Street Okeechobee, FL 34974 150 NE 13th Street Okeechobee, FL 34972 Stephen L. Dobbs, Agent 863 - 824 -7644 sdobbs @stevedobbsengineering.com Legal Description of Subject Property Parcel Identification Numbers: 3- 15- 37 -35- 0010- 00010 -0010, 3- 15- 37 -35- 0010- 00010 -0050, 3- 15- 37 -35- 0010- 00020 -0010, 3- 15- 37 -35- 0010- 00020 -0210, 3- 15- 37 -35- 0010- 00020 -0230, 3- 15- 37 -35- 0010- 00020 -0060 Legal Description: LOTS 1, 2, 3 AND 4, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 5, 6, 7 AND 8, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 1, 2, 3, 4 AND 5, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 6,7,8,9 AND 10, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 21 AND 22, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND LOTS 23, 24, 25 AND 26, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida Local Governments Since 1985 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16 -003 -R Request The matter before the City Council is an application to rezone the above identified six properties, encompassing 6.35 acres, to CLT, Light Commercial. All but one of the parcels (PID 3- 15 -37 -35 -0010- 00020 -0060) are also the subject of a concurrent Small Scale Development Plan Amendment (SSA) involving a change from Single- Family to Commercial on the Future Land Use Map (FLUM). The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8 through 10. Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Zoning District Use of Property Acreage Existing Single - Family Residential (except 3- 15- 37 -35- 0010- 00020 -0060, which is Commercial) H, Holding (except 3-15-37-35 -0010- 00020 -0060, which is CHV) Vacant 4.35 acres' Proposed Commercial CLT, Light Commercial :.Medical /dental offices y4.35 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map North Zoning District Existing Land Use Future Land Use Map East Zoning District Existing Land Use Future Land Use Map South Zoning District Existing Land Use Future Land Use Map West Zoning District Existing Land Use Classification Classification Classification Classification Commercial CHV,' Heavy Commercial Okeechobee Health Care Facility Single Family RSF1, Residential Single Family Large Acreage Single Family Residence Commercial and Single Family CHV, Commercial & H- Holding Professional Office and Vacant Commercial CHV, Heavy Commercial Vacant Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16 -003 -R Anal sis Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements and is largely zoned Holding, which is a zoning awaiting modification. The existing Heavy Commercial is to be requested to downgrade to Light Commercial." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's FLUM changing the Future Land Use designation from Single - Family to Commercial for 3.3 of the 4.35 acres. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for a Commercial designation on the FLUM is approved, rezoning to any of the following zoning districts would be consistent with the Commercial Future Land Use category: Commercial Professional Office (CPO), Light Commercial (CLT) and Heavy Commercial (CHV). If the City denies the FLUM change to Commercial, rezoning to any Commercial District would be inconsistent with the City's Comprehensive Plan and should not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations." "The proposed use has yet to be determined, but the use will fall in the requested zoning classification." Staff Comment: Despite the above response by the Applicant, the Traffic Impact Analysis was conducted on the premise of a medical /dental office. Medical office is listed as a permitted use under Section 90- 252(1) in the CLT District regulations. Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16 -003 -R 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change should have a positive impact on the public interest to develop land that has access to all utilities and roads and bring the land value up as a developed parcel instead of undeveloped." Staff Comment: For the most part, we agree. However, the Traffic Impact Analysis indicates that congestion will increase as a result of the proposed development and ameliorating actions may be necessary. The Staff Comments under Condition #8 address these concerns more fully. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location and compatible with the adjacent land uses." Staff Comment: The subject property located is adjacent to other medical uses and would represent a logical extension of the medical- oriented concentration in close proximity to Raulerson Hospital. Therefore, we agree that the subject property is suitably located for commercial use, particularly medical offices, and is consistent with land use patterns in the area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "The proposed use should positively impact property values, living conditions and be an improvement to the adjacent property as it will clean up previously dilapidated construction and develop previously undeveloped land." Staff Comment: We agree. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "The proposed use can be suitably buffered from surrounding unlike uses to the east and south by providing the City required setbacks of 20' from residential to the east and there is a road ROW buffer for the undeveloped parcel to the south." Staff Comment: We agree and any special buffering or measures to protect existing or future residential uses can be addressed during the site plan review by the TRC. Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16 -003 -R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The use will not create density patterns that would overburden any public facilities. The potential development impacts will be within the already available amenities." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. The demand is estimated at 10,683 gallons per day. Given OUA's current capacity and recent level of average daily flow as stated in the application for 16- 003 -SSA, it would appear that there is adequate capacity to address water and sewer needs. With regard to the proposed development's effect upon streets, see the response to Condition #8. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use will not impact traffic congestion as this is currently a dead end street with abandoned prior uses and undeveloped parcels on the street with adequate access to SR 441N, which will be right in and right out as there is median on SR 441 adjacent from this street." Staff Comment: The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Any flooding or drainage concerns or consideration will be addressed at the site plan review stage. Our review of the Traffic Impact Analysis (TIA) prepared for the Applicant by Marlin Engineering, Inc. was set forth in the Staff Report for the preceding Small Plan Amendment (16- 003 -SSA). The following text contains the highlights of our review. The roadway segment studied in the TIA is the stretch of US 441 from SR 70 to NW 16th Street. The signalized intersection involved is that of US 441 and SR 70. The roadway segment is already operating below accepted LOS Standards. With the addition of the traffic generated by the proposed medical /dental complex, PM Peak traffic will increase by 10.7 %. Both the northbound and southbound portions of US 441 at its intersection with SR 70 are operating at LOS "F ", which is a failing situation. With the addition of the traffic generated by the proposed development, southbound congestion during the PM Peak will worsen at this intersection, with the delay increasing by almost 40% to over 128 seconds Further information is needed to determine the extent and time of use of the bike lane in the vicinity of NW 16th Street. The increased volume of U -turns during the PM Peak hour, added to the left-hand turns from the main hospital entrance, could increase the likelihood of potential conflicts between bike riders and mid-to-large- size SUVs and similar sized vehicles making U -turns and encroaching into to the bike lane. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16 -003 -R The foregoing concerns lead us to question whether or not the proposed project is consistent with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan. This Policy requires the City to withhold permitting of new development at locations where the existing traffic circulation network is insufficient to accommodate the impacts of the development. In our Staff Report for the requested Comprehensive Plan Amendment, we suggested attaching the following condition to any approval of the requested Small Plan Amendment and Rezoning: In accordance with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan, it is recognized that the existing traffic circulation network may be insufficient to accommodate the impacts of the proposed development. Therefore, any future development may be subject to parti- cipation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. These improvements may include, but not be limited to; a traffic signal at NW 16th Street and US 441, if and when warranted; or, an extension of NE 3`d Avenue from NE 13th Street southward to NE 8th Street forming a continuous roadway connecting to SR 70, thereby enhancing the City's grid system and alleviating southbound congestion at the SR70 /US 441 intersection. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use has not been inordinately burdened by unnecessary restrictions." Staff Comment: We agree. Medical offices are treated as any other commercial use in the City and the City's parking requirements for medical offices are reasonable and scaled to the need for parking associated with such uses. Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16 -003 -R Recommendation If the Applicant's request for a Commercial designation on the FLUM is approved, rezoning to CLT -Light Commercial would be consistent with the Commercial Future Land Use category. If the City denies the FLUM change to Commercial, rezoning to any Commercial District would be inconsistent with the City's Comprehensive Plan and should not be approved. Based on the foregoing analysis, we believe that, in order for the rezoning request to be considered fully consistent with the Comprehensive Plan, the following stipulation should be included: 1. The following condition should be attached to the rezoning approval: In accordance with Policy 8.2 of the Traffic Circulation Element of the Comprehensive Plan, it is recognized that the existing traffic circulation network may be insufficient to accommodate the impacts of the proposed development. Therefore, any future development may be subject to parti- cipation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. These improvements may include, but not be limited to; a traffic signal at NW 16th Street and US 441, if and when warranted; or, an extension of NE 3`d Avenue from NE 13th Street southward to NE 8th Street forming a continuous roadway connecting to SR 70, thereby enhancing the City's grid system and alleviating southbound congestion at the SR70 /US 441 intersection. Submitted by: als 0524d--,-- -- Wm. F. Brisson, AICP Sr. Planner September 7, 2016 Planning Board Public Hearing: September 15, 2016 City Council 1st Reading: October 4, 2016 City Council 2nd Reading: October 18, 2016 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: 441 Palms, LLC Small Scale Comprehensive Plan Amendment Petition No. 16-003-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS IMF tUUILU City Limits Lille COMPREHENSIVE PLAN LAND USE Local Covernments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16-003-R 1 MI OM Mil NV ZONING SUBJECT SITE AND ENVIRONS ZONING 11111 Ca L - • 7. _ • - . DNA_ _ "•".:• 7 : - _ _E CMS PUD-1,4 T. 7. PUD-P RE PINS PS 7 1 •■• A.L. MOE LE .-C.ME RSF• . . ..S•N --LS FAMILY )4. 9 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: 441 Palms, LLC Petition No. 16 -003 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florida Local Governments Since 1988 10 Patty Burnette From: Patty Burnette Sent: Friday, July 22, 2016 8:05 AM To: 'Muhammad Nooruddin' Subject: RE: 16 -003 -R EMFlLL RECD PRoPEery vcvnF R._ Good Morning Muhammad. This rezoning petition was actually postponed to the September 15, 2016 meeting, but I will put your email in the file for the record and thank you for sending it. Have a great day. Patty Pafty M. 6urvte/tte, Genera( Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 Tel 863-763-3372 ext. 218 Fax: 86,E -763 -1686 e- mail: yburnette @cityofokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Muhammad Nooruddin [mailto:nooruddin64 @gmail.com] Sent: Thursday, July 21, 2016 5:46 PM To: Patty Burnette Subject: 16 -003 -R Hi Patty I am the neighbour of the said application for rezoning. I would like to support the rezoning and has no objection. 1 Planning Board /Board of Adjustment and Appeals Meeting September 15, 2016 Name Address ��N�GZ1Si�% S-AC 64 C -IA =rt L i- -5332-( Ton , r a, .'of Aevas-Fey t . .) PoE ?rP --Fro n Dor -ta± ') Ertiveer at pueltaM }ua6jew3 Jatemtisald pueitaM euueI pue auuents3 puod aatennysaJd Estuarine and Marine Deepwater L Freshwater Forested /Shrub Wetland 91OZ `S 6 iagwatdes