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2017-11-16130 CITY OF OKEECHOBEE PLANNING BOARD CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR NOVEMBER 16, 2017 AGENDA I. CALL TO ORDER — Chairperson. Regular Meeting, November 16, 2017, 6:00 P.M. II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson Hoover. III. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE — Secretary. Chairperson Dawn Hoover Vice Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. AGENDA — Chairperson. A. Requests for the addition, deferral, or withdrawal of items on today's agenda by Staff, Board Members or the Public. V. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 19, 2017, regular meeting. PAGE 1 OF 6 ACTION - DISCUSSION - VOTE Chairperson Hoover called the November 16, 2017, regular meeting to order at 6:02 P.M. Board Secretary Burnette called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Chairperson Hoover asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. Public Hearing Item C. will be heard first as requested by Attorney Cook. Member McCoy moved to dispense with the reading and approve the Summary of Board Action for the October 19, 2017, regular meeting; seconded by Member Baughman. There was no discussion on this item. VOTE HOOVER - YEA MCCOY - YEA BATTON - YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT - YEA MCCREARY - YEA KEEFE - N/A O'BRIEN - N/A MOTION CARRIED. AGENDA VI. OPEN PUBLIC HEARING — Chairperson. A. Consider Comprehensive Plan Text Amendment updating the Capital Improvements Element (CIE) Five -Year Schedule (Exhibit 1). 1. Hear from Planning Staff. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications by the Board. 4. a) Consider a recommendation to the City Council to approve or deny the Comp Plan Text Amendment updating the CIE Five -Year Schedule. b) Board discussion. c) Vote on motion. NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 2 OF 6 131 ACTION - DISCUSSION — VOTE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M. Consider Comprehensive Plan Text Amendment updating the Capital Improvements Element (CIE) Five -Year Schedule. Chairperson Hoover yielded the floor to Planner Brisson who briefly referenced his memorandum dated November 8 and explained that each year the City is required to update its Five -Year Schedule of Capital Improvements in the Capital Improvements Element of the Comprehensive Plan. This Schedule typically includes those capital expenditures the City Administrator feels are necessary to maintain the adopted Level of Service Standards identified in the Comp Plan. These usually deal with public works types of improvements such as street paving, sidewalks, curb and gutter, stormwater/drainage, and recreation improvements. The City is also required to include in its Five -Year Schedule, the Okeechobee County School Capacity Program adopted by the School Board each year as part of its annual work plan. His recommendation is to amend the CIE with page 3 of Exhibit A which would replace pages 9-7 and 9-8 of the current CIE and page 4 of Exhibit A would replace the former Okeechobee County School District Capital Facilities Plan, which the City is also required to include in its annual update. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the amendment. There were none stated. Motion and a second offered by Members Brass and McCoy to the City Council recommending approval of the updated schedule to the CIE Five -Year Schedule and finding it to be consistent with the Comprehensive Plan with the following noted corrections to be made: 1. On page three of Exhibit A, under the Transportation Projects Total column for FY 21-22 the figure should reflect $355,000 instead of $410,000. 2. On page four of Exhibit A, under Total Project Costs for the Okeechobee County School District Five Year Total the figure should reflect $0 instead of $129,797,586. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA JONASSAINT — YEA MCCREARY — YEA BATTON — YEA KEEFE — N/A BAUGHMAN - YEA BRASS - YEA O'BRIEN — N/A MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively December 19, 2017, 6:00 P.M. 132 AGENDA VI. PUBLIC HEARING CONTINUED. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17 -004 -SSA, from Single Family Residential to Multi -Family Residential, 0.65± acres located at 401 SW 3rd Street, Lots 3 through 6 of Block 181, CITY OF OKEECHOBEE (Exhibit 2). 1. Review Planning Staff Report — recommending approval. 2. Hear from the Property Owner or designee/agent — Jeffrey Sumner, P.E. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consider a recommendation to the City Council to approve or deny Application No. 17 -004 -SSA. NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 3 OF 6 ACTION - DISCUSSION - VOTE Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 17 -004 -SSA, from Single Family Residential (SF) to Multi -Family Residential (MF), 0.65± acres located at 401 Southwest 3rd Street, Lots 3 through 6 of Block 181, CITY OF OKEECHOBEE. Planner Brisson reviewed the Planning Staff Report and explained the property is designated SF on the FLUM but has long been zoned Residential Multiple Family (RMF). When there is a conflict between the two designations, the former supersedes the latter. The application is proposing to change the FLUM which will thereby eliminate the conflict. The property is currently being used as a residential migrant housing facility, which is permitted as a special exception use in the RMF Zoning District. The migrant facility has been permitted by the State and operating for a number of years; although never receiving approval as a special exception by the City. The owner's intent is to legitimize the use by the combination of this amendment and then a subsequent request for approval of a special exception for a residential migrant housing facility. Planner Brisson does recommend approval, based on the findings within the Planning Staff Report (listed in Item 5.a.). Mr. Jeffrey Sumner, P.E. 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. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the application or visited the site. There were none. Planning Staffs findings are as follows: The current use is inconsistent with the City's Comprehensive Plan as the SF residential FLU Category does not permit multi -family dwellings or densities more than five units per acre. Regarding future development potential as MF residential, the standard maximum density for residential uses in the MF residential FLU category is 10 units per acre with 11 per acre allowable for affordable housing. The residential density on the subject property is 10.77 units per acre. While this is consistent with the 11 units per acre maximum for affordable housing, it is inconsistent with the density limitation in the RMF Zoning District. The RMF Zoning District limits affordable housing to 10 units per acre unless the housing meets the requirements of Florida Statute 90-77 which allows 11 units per acre for redevelopment of substandard housing, thereby implementing the maximum set forth in the Comprehensive Plan. AGENDA VI. PUBLIC HEARING CONTINUED. B. 5. a) Consider a recommendation to the City Council to approve or deny Application No. 17 -004 -SSA continued. b) Board discussion. c) Vote on motion. NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 4 OF 6 133 ACTION - DISCUSSION - VOTE The application may be consistent with the City's Comprehensive Plan, specifically Policy 2.1b should the change be approved as the property's compatibility with the Comp Plan will be improved in that the type of structure will be consistent with the Comp Plan. However, the property will remain nonconforming to the density limitation unless the units are determined to be substandard and are replaced. 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 as the multi -family use on the subject property would be compatible with all existing uses in the immediate vicinity. Properties to the immediate North of the subject property are designated Commercial and MF residential on the FLUM, zoned RMF and Heavy Commercial (CHV) and developed as a restaurant and multi -family building. The property to the East is designated MF residential, zoned RMF and is a single family home. The properties to the South are designated SF and MF residential on the FLUM, zoned RMF and developed as a daycare. The block to the West is designated SF residential on the FLUM, zoned RMF and is the site of First Baptist Church Recreational Outreach Center. With seven multi -family units currently on the property and no ability to increase this number, the proposed change will not result in any traffic increase. The continuation of one form or another of seven residential units is unlikely to result in any significant increase in demand for water or sewer. The applicant has included letters from the Okeechobee Utility Authority indicating that the water and waste water service is available and there is adequate capacity to accommodate demand. Again the continuation of the seven residential units is unlikely to result in any significant increase in solid waste generation. The County has confirmed a considerable level of excess capacity available to serve the solid waste disposal needs. The existing developed site contains no environmental sensitive areas, wildlife habitat, unsuitable soil conditions, or susceptibility to flooding. Motion and second offered by Members McCreary and Baughman to recommend approval to the City Council for Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 17 -004 -SSA, from Single Family Residential (SF) to Multi -Family Residential (MF), 0.65± acres located at 401 Southwest 3rd Street, Lots 3 through 6 of Block 181, CITY OF OKEECHOBEE. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA BATTON — YEA BAUGHMAN - YEA BRASS - YEA JONASSAINT — YEA MCCREARY — YEA KEEFE — N/A O'BRIEN — NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively December 19, 2017, 6:00 P.M. 134 AGENDA VI. PUBLIC HEARING CONTINUED. C. Consider LDR Text Amendment Petition No. 17 -002 -TA to approve the locating of medical marijuana dispensaries within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts (Exhibit 3). 1. Presentation by City Attorney. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications by the Board. 4. a) Consider a recommendation to the City Council to approve or deny Petition No. 17 -002 -TA. b) Board discussion. NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 5 OF 6 ACTION - DISCUSSION • VOTE Consider LDR Text Amendment Petition No. 17 -002 -TA to approve the locating of medical marijuana dispensaries within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts. Chairperson Hoover yielded the floor to,Attorney Cook who briefly explained the City has two choices in regards to medical marijuana businesses within the City limits. Either they are banned altogether or based on State requirements, the permitted and special exception uses need to be considered the same as the City currently regulates pharmacies. Although the City Council noted concern in permitting these types of businesses within the City, it was stated the voters did approve this, so with that being said, the Council extended the moratorium for an additional 180 days giving him time to come before this Board and obtain a recommendation on establishing the zoning districts. They would be permitted within all the commercial zoning districts with the exception of Commercial Professional Office and also be permitted in the Industrial Zoning District. The medical marijuana dispensaries would be regulated and required to abide by all State Legislation. He also noted the County recently approved dispensaries within their jurisdiction. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the petition. There were none. Motion and second offered by Members Baughman and McCreary to deny LDR Text Amendment Petition No. 17 -002 -TA for the locating of medical marijuana dispensaries within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - NAY MCCOY - NAY JONASSAINT — NAY MCCREARY — YEA BATTON — NAY KEEFE — N/A BAUGHMAN - YEA BRASS - YEA O'BRIEN — NIA MOTION DENIED. 1 1 1 1 1 1 NOVEMBER 16, 2017 — PLANNING BOARD - PAGE 6 OF 6 135 AGENDA ACTION DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED. C. 4. a) Consideration of a recommendation to the City Council to approve or deny Petition No. 17 -002 -TA continued. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Chairperson. VII. ADJOURNMENT — Chairperson. Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records. ATTEST: cco- ' Patty M. Burnette, Secretary atox Dawn T. Hoover, Chairperson Motion and second offered by Members McCoy and Jonassaint to recommend approval to the City Council for LDR Text Amendment Petition No. 17 -002 -TA for the locating of medical marijuana dispensaries within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA MCCOY - YEA JONASSAINT —YEA MCCREARY — NAY BATTON — YEA KEEFE — NIA BAUGHMAN - NAY BRASS - NAY O'BRIEN — NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively January 16, 2018, 6:00 P.M. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:48 P.M. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:48 p.m. Page 1 of City of Okeechobee Planning Board City Hall, 55 SE 3rd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes November 16, 2017 I. Call To Order - Chairperson: Chair Hoover called the November 16, 2017, Regular Meeting to order at 69 :Ul p.m. II. Opening Ceremonies: Pledge of allegiance - Chairperson aOeidpnf III. Chairperson, Board Member Staff Attendance - Secretary. IV. Agenda - Chairperson. A. Chair Howe r asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. done_.. moved )-berm C. -!o be head-- �, &t re cLQs -ec b ki4vwte i CD0 r� V. Minutes - Secretary. A. Board Member "C6\/ moved to dispense with the reading and approve the Summary of Board Action for the October 1912017, regular meeting; seconded by Board Member I` C�Y�rrcfx,Vl. Discussion: PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover ✓ Vice Chairperson McCoy Board Member Batton Board Member Baughman ✓ Board Member Brass ,,Z Board Member Jonassaint Board Member McCreary `V Alternate Board Member Keefe `/ Alternate Board Member O'Brien ✓ Planning Consultant Brisson, Senior Planner Board Attorney Cook ✓ Board Secretary Burnette IV. Agenda - Chairperson. A. Chair Howe r asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. done_.. moved )-berm C. -!o be head-- �, &t re cLQs -ec b ki4vwte i CD0 r� V. Minutes - Secretary. A. Board Member "C6\/ moved to dispense with the reading and approve the Summary of Board Action for the October 1912017, regular meeting; seconded by Board Member I` C�Y�rrcfx,Vl. Discussion: 1- 6114 Page2of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER / McCOY BATTON ✓ BAUGHMAN V BRASS JONASSAINT McCREARY KEEFE O'BRIEN RESER TS: t6RRIFTh DFNIFD VI. CHAIR RON° r OPENED THE PUBLIC HEARING AT t P.M. A. Consider Comprehensive Plan Text Amendment updating the Capital Improvements Element (CIE) Five -Year Schedule (Exhibit 1). 1 . Hear from Planning Staff. i 11 — scp Posed it, be- d. yeas`( 11Omo cud i mpluyttr h h9 t requ.creati2A . %/ass — c uc yte cl bctcc . vi ►189 &ares /Iocx ) persms I nobrne c f Oa_leu(anim1 p9 3 4 P u� ha+ CC GL -to PY A` Glr �pa rat PqS 1� ��� LW_ sr r: Wm— P9 a. .R RSe C rea'ho n b O pe n Spa 11 (IV II-1 44/2011-4 Page 3 of 15 VI. PUBLIC HEARING ITEM CONTINUED. it ilp/11 Page4of VI. PUBLIC HEARING ITEM CONTINUED. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. Nm� 3. Disclosure of Ex -Parte Communications' by the Board. 6YLQ, 11 (up li-t vuiuii4 Page 5 of VI. PUBLIC HEARING ITEM CONTINUED. 4. a) Consider a recommendation to the City Council to approve or deny the Comp Plan Text Amendment updating the CIE Five -Year Schedule. Motion and a second offered by and rc coy to recommend approval/denial to the City Council for the Comp Plan Text Amendment updating the CIE Five -Year Schedule. -int i---Fo iect►nCO 4C n (.0.14--1- r, C'6rn lam correcfi0-As n.o+ed {3s 34- q Fidut rf b) Board discussion. Note_ c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER / McCOY 7J BATTON \./ BAUGHMAN ✓ BRASS ✓ JONASSAINT ✓ McCREARY `/ KEEFE O'BRIEN --.,,N RFS111 TS• ( CARRIFI DFNIFD The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively December 19, 2017, 6 pm. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17 -004 -SSA, from Single Family Residential to Multi -Family Residential, 0.65± acres located at 401 SW 3ffi Street, Lots 3 through 6 of Block 181, CITY OF OKEECHOBEE (Exhibit 2). 1. Review Planning Staff Report - recommending approval. 1 I/►011 11120144 Page 6 of VI. PUBLIC HEARING ITEM CONTINUED. �'_ �e n r w tuna 4-1 �. ?rsenfk1(Led ' M t9rtaf th 01 � Satz appy' at hot- flat Calf aP ptuats 3F -1\11,F- APS ewe Mf Iut s apprb Pkt.alk p r'1 4):1(vST �� -�-�s b2.. k�eco es 5 u)ha4 f .�y��clia Y104, 01 VI. PUBLIC HEARING ITEM CONTINUED. 2. Hear from the Property Owner or designee/agent - Jeffrey Sumner, P.E. ►i'‘,►,, t412oi44 Page 7 of VI. PUBLIC HEARING ITEM CONTINUED. -44129tt'4 Page 8 of 11IIV/17 1-1149114 Page 9 of /� VI. PUBLIC HEARING ITEM CONTINUED, 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 1\) 4. Disclosure of Ex -Parte Communications' by the Board. Illtb�!% "'11120114 Page 10of VI. PUBLIC HEARING ITEM CONTINUED. 5. a) Consider a recommendation to the City Council to approve or deny Application No. 17 -004 -SSA with/without special conditions. Motion and a second offered by M elreafL and r1Ncommen approval/denial to the City Council for Comprehensive Plan Small Scale Future L nd Use Map Amendment Applica i o. 17 -004 -SSA, from Single Family Residential to Multi -Family Residential, 0.65± acres located at 401 SW 3rd Street, Lots 3 through 6 of Block 181, CITY OF OKEECHOBEE wi irk -special. conditions: b) Board discussion. td61),c c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER / McCOY � V BATTON BAUGHMAN V BRASS '7 JONASSAINT McCREARY „ KEEFE \/ O'BRIEN `, RFSIII TS• (ARRIFf), DFNIFf) The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively December 2017, 6 pm. C. Consider LDR Text Amendment Petition No. 17 -002 -TA to approve the locating of medical marijuana dispensaries within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts (Exhibit 3). 1. Presentation by City Attorney. VI. PUBLIC HEARING ITEM CONTINUED. . -Ean C Cbu,ncd �h� ��(� �►�s �tp re s s -�v ac, p ro ms Cv1 cn 4z has 0.-P P►',* Or elYu-'J r (a, { - (1 PQ d p ovu � zd��n� sten sar►�s ,eve ►�� aft- yvn.dted > OP �P�1(A) +L 0- bat s S1 -a -Fe rte.. Gut coo 0,11-0 1.0 1ri4WI'gid.1J ()LA - N Q C= h r s 0-1 p p..e ra.. u r1;:,, ►�n 11i(bit/ X20144 Page 11 of 1— dig- c1 t.Ohtre ? a'mac teJ PUP ft amrna rc!.i-c� S lQA Su n D - v�o�-tci ctsp n e o n s*att 51.0 fit -to„ p3 I OF add Lt — more in fetvor 0¢ a bLt.n 11(,117 -44128144 Page 12 of /5 VI. PUBLIC HEARING ITEM CONTINUED. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary.; VI. PUBLIC HEARING ITEM CONTINUED. WWI/ 44120144 Page 14 of 1� VI. PUBLIC HEARING ITEM CONTINUED. 3. Disclosure of Ex -Parte Communications' by the Board. 4. a) Consider a recommendation to the City Council to approve or deny Petition No. 17 -002 -TA. 1-016"Motion and a second offered by�1 CCrPa and � to recommend approval/ r LDR Text Amendment Petition No. 17 -002 -TA to approve the locating of medical marijuana dispensaries within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts. b) Board discussion. VI. PUBLIC HEARING ITEM CONTINUED. c) Vote on motion. ToIY 4412 t1zt Page 15 of VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ✓ McCOY BATTON ✓ BAUGHMAN 1 BRASS JONASSAINT McCREARY ✓ KEEFE O'BRIEN RFSl1I TS. CARRIFD AFNIFD) ‘‘&e 3 -4 rnonon The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively January 16, 2018, 6 pm. CHAIR CLOSED THE PUBLIC HEARING AT P.M. VII. ADJOURN - Chairperson. 1\4c eoy — Joncussaia# yec. TDatth }f-oover j oiassa to Ne coy ADEPENDENT 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,p Florida, that , the attached copy of advertisement being a V ULb.0 tVca` 1-t in the matter of OA4411 1CA in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1k 1t0���%1� 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. <<. �f�..: �-• - Katrina Elsken Sworn to and subscribed before me this rth day of CM � 06,w- JC 11 AD Notary Public, State of Florida at Large riti /NGIE BRIDGES ?�• �. MY COMMISSION FF 976149 ••12- EXPIRES:April 20, 2020 ••For.„°" Bonded Tlvu Notary PubUc Undefwriterm i (i,: Oke .ee, ew<' 107 SW 4+ Stre ts`�uite Okeech e - 1, Florida 34.974_ 88763-3134 rr PUBLIC NOTICE CITY PLANNING BOARD MEETING NOTICE IS HEREBY GIVEN that the Cdy of Okeechobee Planning Board will conduct a regular meeting on Thur, Nov. 16, 2017, 6 P14, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL As the Local Planning Agency, the Planning Board may consider offering a recommendation on any proposed amendments to the current Land Devel- opment Regulations submitted by City Staff, Board Members, or citizens. The public is invited and encouraged to attend. The agenda may be ob- tained from dtyofokeechobee.com or by calling the General Services Office, 863-763-3372 09820. ANY PERSON DECIDING TO APPEAL any decision made by the PB with respect to any matter considered at this meeting will need to ensure a ver- batim record of the proceeding Is made and the record indudes 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 by 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 Rem must be provided to the Board Secretary for the Oty's records. By: Chairperson Dawn Hoover 483007 ON 11/10/2017 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 County9 FllI^o, rida, tat, the attached copy of ' advertisement being a J Ik-C.. cs+l in the matter of t1 QLi,f I� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of \g b -c) 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 advertisemen for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this E'+` day of ! Gll.eh'I'1 AD Notary Public, State of Florida at Large -�-t;k_t Okel 6bee News:, 107 SW 77th St eet, Su71e,,u, Okeechobt:.ee, Florida 3.4974' 63763-313 t PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held before the Oty of Okeechobee Planning Board, meeting as the Local Planning Agency on Thu, Nov. 16, 2017, 6 PM or as soon thereafter as possible, at Oty Hall, 55 SE 3rd Ave, Rm 200 Okeechobee, FL, to consider and re- ceiveInput on amending the Code of Ordinances, Subpart B Land Develop- ment Regulations. Petition No. 17 -002 -TA proposes to amend Land Development Regula- tions, Ordinance No. 716 and as thereafter amended, and Chapter 90, k - tide IIIZoning District Regulations, Code of Ordinances, Oty of OkeechoIee, to approve the locating of medical marijuana dispensaries within the municipal limits, In the category of retail stoogre, retail service. Such Commercial (CLT); ll be a Heavytted use in Com erdalUhe (CHV); Inndustrialn((10)); districts: Central Business District (CBD), subject to the provisions of Orapter 90. Further, any permit to establish such a use shall be subject to all restric- tions and conditions contained In Florida Statutes 381.986. The proposed amendment maybe reviewed at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encouraged to attend. The Planning Board will issue a recommendation on Petition No. 17 -002 -TA that will be forwarded to the Oty Council for consideration at the December 19, 2017, and January 16, 2018, meetings. 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 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 Act (ADA), any person with a disability as defined by the ADA, that needs speaal accommodation to par- ticipate 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 on the agenda; a copy of the document, picturevideo, or Item must be provided to the Board Secretary for the Oty's records. By: Zoning Administrator Marcos Montes De Oca, Petition No. 17 -002 -TA 482987 ON 11/8/2017 14DEPENDENT NEWSMEDIA INC. USA Okee 107 SW 17 Okeechobe 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,( F orida, that ,the attached copy of advertisement being a 1'J2a(- )0 -1 in the matter of MX I ati in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paidnor 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. 1/ Katrina Elsken Sworn to and subscribed before me tips k ` day of P•(4\1Qt'v'r Oi'7 AD Notary Public, State of Florida at Large fi f y '1 J Lc� ± I CI.C. ANGIE BRIDGES MY COMMISSION #FF 976149 EXPIRES:AO20, 2020 Bonded 'Nu Notary Public Underwfitots PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE 1.5 HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board, as the Local Planning Agency, on Thur, Nov. 16, 2017, 6 PM, or as soon thereafter as possible, at Oty Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input on Comprehensive Plan Small Scale Future Land Use Map Amendment Ap- plication #17 -004 -SSA, submitted by Ms. Agueda Benitez and Ms. Ana Cam- pozano, property owners. The application may be inspected In Rm 101 during regular business hours, Mon -Fd, 8 AM -4:30 PM, except holidays. Application #17 -004 -SSA requests to change the Future Land Use classifica- tion from Single Family Residential (SF) to Multi -Family Residential (MF) on 0.65+/- acres located at 401 SW 3rd Street Legal Description: LOTS 3 THROUGH 6 OF BLOCK 181, CITY OF OKEE- CHOBEE, PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHO- BEE COUNTY, FLORIDA. A recommendation to approve or deny Application #17 -004 -SSA will be for- warded to the Oty Council for consideratlon to adopt at a Final Public Hear- ing TENTATIVELY scheduled for 6 PM, December 19, 2017. ANY PERSON DECIDING TO APPEAL any dedsion made by this Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the appeal will be based. Audio recordings are for the sole purpose of backup for official records of the Board Secre- tary. In accordance with the Americans with Disabilities Act (ADA), any per- son with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Ser- vices Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to show any doocumena picture, , on the or items to the Planning Board in support or oppositionto any agenda, a copy of the document, picbirevideo, or item must be provided to the Board Secretary for the Oty's records. By:y482985 Zoning Administrator Marcos MontesDeOca, #17 -004 -SSA i#DEPENDENT NEWSMEDIA INC. USA 107 SW 17;Street, Suite D 0t: �t Okeechobee,--lorida 34974 .,� Jjj k. .JA'1';J. ^w t 863-V633134 'Car 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 V.0 -1D \ tt`\-1C Q 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 1 kb -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. Katrina Elsken Sworn to and subscribed before me this St[h day of Y\j N F3V0'0,V a,l)1 l AD Notary Public,1 tate of Florida at Large PUBLIC HEARING NOTICE . AMENDING THE CITY OF OKEECHOBEE, FLORIDA COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Gly of Okeechobee Planning Board, meeting as the local Planning Agency on Thur, Nov. 16, 2017 6 PM or as soon thereafter as possible, at Oly Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL to consider and re- ceive input concerning proposed amendments to the Oty's Fwe Year Sched- ule of Capital Improvements and forward its recommendation to the Oty Council. The Hearing is for the following proposed Ordinance: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, UPDATING THE FIVE-YEAR OF THE CITY'S MPRE- HENSIVE PLAN ASUMAN MANDATED BYEFLNORIDA STATUTES TS SEC ION 163.3177(3)(0); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM except for holidays. All in- terested parties are encouraged to appear and be heard regarding the pro- posed update of the Flve-Year Schedule of Capial Improvements and may submit written or oral comments before or at the Hearings. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accord- ingly, any person who may seek to appeal any derision Involving the mat- ters noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon whidh any appeal is to be based. In accordance with the Americans with Disabilities Act, persons re- quiring special accommodations to participate In this proceeding because of a disability or physical impairment, should contact the General Services Of- fice at 863-763-3372 ext. 9820 at least 48 hours prior to the meeting. By: onII/8/2017 ing dmitor Marcos Montes De Oca By DEPENDENT NEWSMEDIA INC. USA y: i \ O 'tic'iobee N Gs 4.,,:;47-i 6 107 S th S4ee'1, Suite D \Cil Okeecl e, Florida 34974- 1 ' - t 8\.„3,3-31344 v ; ` \''. 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 CountyF orida, that ,the attached copy of advertisement being a \iUJ L-5 _ NS` -151 c- in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of k2_ori 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 to and subscribed before me this day of CL tlw a Lt' 1 AD Notary Public, State of Florida at Large t, (5!) (o f 0 PUBLIC HEARING NOTICE AMENDING THE CITY OF OKEECHOBEE, FLORIDA COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Panning Board, meeting as the Local Planning Agency on Thur Nov. 16, 2017 6 PM or as soon thereafter as possible, at Oty Hal, 55 SE 3rd Ave, Rm-200, Okeechobee, FL, to consider and re- ceive Input concerning proposed amendments to the CRys Ave -Year Sched- ule of Capital Improvements and forward Its recommendation to the Oty Coundl. The Hearing 1s for the following prbposed Ordinance: AN ORDINANCE OF THE CRY OF OKEECHOBEE, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY'S COMPRE- HENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3)(b); PROVIDING FOR CONFUCT; PROVIDING FOR SEVERABILITY;SAND PROVIDING FOR AN EFFECTIVE DATE. The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM except for holidays. All in- terested parties are encouraged to appear and be heard regarding the pro- posed update of the Fye -Year Schedule of Capital Improvements and may submit written or oral comments before or at the Hearings. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accord- ingly, any person who may seek to appeal any decision Involving the mat- ters noticed herein will be responsible for making a verbatim record of the testimony and evidence at said meeting upon which any appeal Is to be based. In accordance with the Americans with Disabilities Act, persons re- quiring spedal accommodations to partldpate In this proceeding because of a disability or physical Impaimhent, should contact the General Services Of- fice at 863-763-3372 ext. 9820 at least 48 hours prior to the meeting. By: Zoning Administrator Marcos Montes De Oca 482809 ON 10/29/2017 14DEPENDENT NEWSMEDIA INC. USA Okeech 107 SW 17t Okeechobee 863-7 rida 34974 34 \�? \ 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, Flor}}'`,da, that , the attached copy of advertisement being a �iL JL,L in the the matter of ASzj(f"-LC!, J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of oIaniIzci 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 to and subscribed before m this 301, day ofC ibi..7U' -C f e"1 AD Notary Public1 State of Florida at Large CiG1 V,LL PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board, as the Local Planning Agency, on Thur Nov. 16, 2017, 6 PM, or as soon thereafter as possible, at CRy Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive Input on Comprehensive Plan Small Scale Future Land Use Map Amendment Ap- plication #17 -004 -SSA, submitted by Ms. Agueda Benitez and Ms. Ana Cam- pozano, property owners. The application may be inspected in Rm 101 during regular business hours, Mon -Fri, 8 A14-4:30 PM, except holidays. Application #17 -004 -SSA requests to drange the Future Land Use classifica- tion from Single Family Residential (SF) 10 Multl-Family Residential (MF) on 0.65+1- acres located at 401 SW 3rd Street Legal Description: LOTS 3 THROUGH 6 OF BLOCK 181, CRY OF OKEE- CHOBEE, PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHO- BEE COUNTY, FLORIDA. A recommendation to approve or deny Application #17 -004 -SSA will be for- warded to the City Council for consideration to adopt at a Final Public Hear - Ing TENTATNELY sdreduted for 6 PM, December 19, 2017. ANY PERSON DECIDING TO APPEAL any derision made by this Board with respect to anymatter considered at this meeting will need to ensure a verbatim record oftheproceeding is made and the record includes the testi- mony and evldenceupon whkh the appeal will be based. Audio recordings are for Me sale purpose of backup for sNdal records of the Board Secre- tary. In accordance with the Amerkans with Disabilities Act (ADA), any per- son with a disability as defined by the ADA, that needs spedal accommodation to participate in this proceeding, contact the General Ser- vices 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 on the agenda, a copy of the document, picture video, or item must be provided to the Board Seaetary for the Cty's records. ByZ�ing Administrator Marcos MontesDeOca, 817 -004 -SSA 1IDEPENDENT NEWSMEDIA INC. USA 0 =; ,r, J. `t. Okeech News/ `el? 107 SW 17t S€reet, Suite`. __ i Okeechobee,17 ida 34974 4,9 *T I 863-76 X34 /6,y,/ /N r 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, Fo-ri1da, tht the attached copy of advertisement being a \J- -L N 6-\-1( in the matter of 0 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 10) jci ler) 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 to and subscribed before me this day of CC;+10-e-v 'QC)1.1 Notary Public, State of Florida at Large t ANGIE BRIDGES MY COMMISSION # FF 978149 EXPIRES:Apr9 20, 2020 Bonded T1uu Notary Put* Undom tere AD PUBLIC NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board, meeting as the Local Planning Agency on Thu, Nov. 16, 2017, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200 Okeechobee, FL, to consider and re- ceive input on amending the Code of Ordinances, Subpart B Land Develop- ment Regulations. Petition No. 17 -002 -TA proposes to amend Land Development Regula- tions, Ordinance No. 716 and as thereafter amended, and Chapter 90, k - Ude IIIZoning District Regulations, Code of Ordinances, Oty of Okeechobee, to approve the locating of medical marijuana dispensaries within the munidpal limits, in the category of retail store, retail service. Such fadlities shall be a permitted use in the following zoning districts: LightCommerdal (CLT); Heav/ Commerdal (OW); Industrial (IND); and Central Business District (CIDI, subject to the provisions of Chapter 90. Further, any permit to estabiis.i such a use shall be subject to all restric- tions and conditions contained in Florida Statutes 381.986. The proposed amendment may be reviewed at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public Is encouraged to attend. The Planning Board will issue a recommendation on Petition No. 17.002 TA that will be forwarded to the City Council for consideration at the December 19, 2017, and January 16, 2018, meetings. 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 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 Act ((ADA), any person with a disability as defined by the ADA, that needs sceclal accommodation to par- tldpate 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 on the copyagenda; a ID the Board Secretary for the Cis record By: or item must be provided By Zoning Administrator Marcos Montes De Oca, Petition No. 17 -002 -TA 482811 ON 10/29/2017 CITY OF OKEECHOBEE PLANNING BOARD NOVEMBER 16, 2017, OFFICIAL AGENDA PAGE 1 OF 2 CALL TO ORDER - Chairperson: Novemberl6, 2017, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. OPENING CEREMONIES: Pledge of allegiance led by Chairperson III. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice -Chairperson Doug McCoy Board Member Elbert Batton Board Member Phil Baughman Board Member Karyne Brass Board Member Mac Jonassaint Board Member Les McCreary Alternate Board Member Bobby Keefe Alternate Board Member William O'Brien Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda by Staff, Board Members, or the public. V. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the October 19, 2017, regular meeting. VI. OPEN PUBLIC HEARING - Chairperson. A. Consider Comprehensive Plan Text Amendment updating the Capital Improvements Element (CIE) Five -Year Schedule (Exhibit 1). 1. Hear from Planning Staff. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications' by the Board. NOVEMBER 16, 2017 - PB Agenda • Page 2 of 2 4. a) Consider a recommendation to the City Council to approve or deny the Comp Plan Text Amendment updating the CIE Five -Year Schedule. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively December 19, 2017, 6 pm. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 17 -004 -SSA, from Single Family Residential to Multi -Family Residential, 0.65± acres located at 401 SW 3rd Street, Lots 3 through 6 of Block 181, CITY OF OKEECHOBEE (Exhibit 2). 1. Review Planning Staff Report - recommending approval. 2. Hear from the Property Owner or designee/agent - Jeffrey Sumner, P.E. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5. a) Consider a recommendation to the City Council to approve or deny Application No. 17 -004 -SSA with/without special conditions. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively December 19, 2017, 6 pm. C. Consider LDR Text Amendment Petition No. 17 -002 -TA to approve the locating of medical marijuana dispensaries within the municipal limits, in the category of retail store, retail service as a permitted use in the CLT, CHV, IND and CBD zoning districts (Exhibit 3). 1. Presentation by City Attorney. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary. 3. Disclosure of Ex -Parte Communications' by the Board. 4. a) Consider a recommendation to the City Council to approve or deny Petition No. 17 -002 -TA. b) Board discussion. c) Vote on motion. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively January 16, 2018, 6 pm. CLOSE PUBLIC HEARING - Chairperson. VII. ADJOURN - Chairperson. 'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863-763-3372. Exhibit 1 Memorandum To: Members of the Planning Board From: Bill Brisson, AICP Sr. Planner, LaRue Planning Date: November 8, 2017 Subject: Public Hearing on Update of the Five -Year Schedule of Capital Improvements Each year, the City is required to update its Five -Year Schedule of Capital Improvements in the Capital Improvements Element (CIE) of the Comprehensive Plan. This schedule typically includes those capital expenditures the City Administration feels are necessary to maintain the adopted Level of Service Standards identified in the Comp Plan. These usually deal with public works types of improvements such as street paving, sidewalks, curb & gutter, stormwater/ drainage, and recreation improvements. The City is also required to include in its Five -Year Schedule, the Okeechobee County School Capacity Program adopted by the School Board each year as part of its annual Work Pian. While the annual update is still required, due to the legislative changes passed in 2011, the update is no longer considered an amendment to the Comp Plan. Nevertheless, because it modifies the Plan, the LPA must hold a public hearing and make a recommendation to the City Council concerning the update's consistency with the Comprehensive Plan. This Update specifically implements the requirements of Objective 4 and Policies 4.3 and 4.4 of the Capital Facilities Element. Page 3 of Exhibit A to Ordinance 1162, replaces pages 9-7 and 9-8 of the current CIE, and page 4 of Exhibit A replaces the former Okeechobee County School District Capital Facilities Plan, which the City is also required to include in its annual update. I look forward seeing you at the November 16th meeting. Providing planning and management solutions for local governments 1 575 Jackson Street, Suite 206 fort Mters, FL 33901 259-334-3566 www.larueplanning.com EXHIBIT A OKEE HOBEE COUNTY SCHOOL DISTRICT 2012-2013 Work Plan (9/10 2012) Pro`ect chedules Capacity Project S edules A schedule of capital projects ne programa. IN to o istire tr* ite'eliillt i17t'1 :71 s&sits ( :tory. classroort1s for the projected s owl earo l menl in K-12 r't�yect nest-Acatzr Lt Ilion NW*4 2012 - 2013 2013 - 2014 2014 - 2015 2015 16 2016 - 2017J Tatai €undec,, Pro t description not specified Location riot specified Plan • Cost: tics a,c , O l_— sn SE :, 0 0 Student Stations: 0; 0- ( 0 0 0 Tatar Classrooms: 0 0 4 0 0 0 • Crass S4 Ft: 0 0 t) t Planned C:ostt '0 NW*4 S,et 2015 - 2016 Projected 2010 2017 Protected $0 Stiident. Stations: ti Y 0 A. a 0 0 0 Total CIA % rooinst - oAi. Al O l_— q a 0 a 0 O 0 0 Gress Sq ftt Other Project Schedules Major renovations. remodeling. and additions of ca al outlay projects that do not add l sncily to schools. Nothing reported for this section. Additional Project Schedules Any projects that: are not identified - the last approved educational plant Stir;ay. Nothing reported for this -ction. Non Funded Growt Management Project Schedules Schedule indicting rSi projects, due to planned development that CANNOT be funded from (Imola revenues p1..cted over the next five years. Pinned _ascription 2012 - 2013 Actual Budget 2013 - 2014 Projected 2014 2015 Projected 2015 - 2016 Projected 2010 2017 Protected Total Funded K•4 Schly la no mistrusted on SW Saeet. SO) Stt 000.000 515 000.000 512 000.000 SO S35.0OO.000 SO $6,000,000 $1.5,000,080 $12,000,000 $O S35,000,000 City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: September ', 201 1 FIVE-FAR Sf HEER?I_E OF CAPITAL IMPROVEMENTS (Cy 2012:13 - f y 201&171 ojected Revenues Source R:evenu is - Public Facilites Funcl .eca 0n Local Alter SR5 Eight C Ninth Cent Fur, Subtotal Pub Fac eI User Fee Motor FAO 2012/2+1+ 2013/2014 2014/2015 20: 5 327,683 $ 337.513 $ 344,263 $ 351,148 S 208.059 $ 209,500 $ 213.690 $ 217,963 $ 71,339 $ 71,980 $ 72,699 $ 74,1 $ 56,028 $ 57 708 $ 58,862 5 60 S 663.109 $ 676,701 $ 689.514 $ toren .'-tr retrofit (canals. I F L Legrslativ• Grant thru tandscaping 5 Parrott Av (FOOT Hwy SMuVhcatn Grant NE Perk/SR 7010th-13th/tun lane (CMG Community Oevel Block Gra Taylor Creek Park (SE 7th Stl {FL Ret Clevel Asst Program' FROAP) (Fl Fish & Wlldlitt Conservtn thru the Fl Ret Oevel Asst Program & Boating...aterway grant) Subtotal Grant revenues 100,000 258,000 100,000 Total Revenue 5 1;63 Projected Expenses voairs and materials Asphalt/Paving Curb/gutter siden.vaiks Subtotal Right of Way 0 anal Storm sewer trista- it,.On/rep Subtotal GRANT FUNDED PROI£CTS t- retrof .anoscapmg 5 Par NE Park/SR 70 1 Ta,Ior Creek Par Subtotal Total Exp., 150,000 1 50.000 150,000 5 50.000 $ 358.170 222,322 75,635 61,239 717,366 1,184,701 5 839,514 5 753.3G2 5 ft .Tn6 2012/ 913 20(3./2014 2014/2015 I015/2016 2016/20.1' $ 27.697 $ $ 250.000 5 250 $ 70,000 $ 100 $ 347497 $ 318.113 30,000 S 32,000 $ 34,000 $ 250,000 $ - $ 250.000 $ 100.000 $ 100.000 $ 100,000 380,000 $ 132,000 $ 384,000 13th/turn lane (600 SE 7th St 5 50,000 $ 50,000 $ 35,000 $ 35.000 $ 15,000 $ 115,000 275,000 $ 117,000 $ 258,000 $ 100,000 $ 150,000 5 50. $ 750,000 $ 150,000 $ 50,000 5 447,697 $ 1.239,113 $ 605,000 5 267,000 9.000 enues less Expenditures 15,412 5 14t,,588 5 234,514 5 486,302 5 248, City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: September 3, 2013 2 City of Okeechobee Five Year Capital Improvement Schedule Project Description Funding FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 5 Year Source Total Transportation Projects Median Replacement General $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 & Right of Way Install Baffle Box & SCOP $177,537 $177,537 Raise Road Elevation Asphalt Program Gas Tax $120,000 $55,000 $200,000 $300,000 $675,000 Sidewalk Program Gas Tax $85,000 $115,000 $55,000 $255,000 Sign Gas Tax $15,000 $15,000 $15,000 $15,000 $15,000 $75,000 Repair/replacement Traffic Signal Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Upgrades Total $437,537 $110,000 $370,000 $110,000 $410,000 $1,382,537 Stormwater Projects ROW Drainage Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 R&M Roads and Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Culverts Storm Water Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Infiltration Repair Storm Water Ditch Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Adjustments Total $40,000 $40,000 $40,000 $40,000 $40,000 $200,000 Sewer Projects Chamber Lift Station General 12,500 12 500 Total $12,500 $12,500 Parks & Recreation Projects Flagler Park General $14,000 $14,000 Replacement Trees Centennial Park General $10,000 $10,000 Exercise Equip Centennial Park BBQ General $4,000 $4,000 Grills Centennial Park General $20,000 $20,000 Irrigation Centennial Park General $30,000 $30,000 Landscaping Total $78,000 $78,000 CIS TOTAL 568 037 150 000 410 000 150 000 395 000 1 673 037 Source: City of Okeechobee 2017 - 2018 Annual Budget City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: 3 Summary of Revenue/Expenditures Okeechobee County School District Remodeling Projects Only Available for New Construction and 2016-17 2017-18 2018-19 2019-20 2020-21 Five Year Total 2018 - 19 2019 - 20 2020 Total Total $2,399,148 $2,174,148 $2,168,376 $2,164,149 $8,905,821 Revenues Total Project 22 22 22 Planned $129,797,586 Costs Difference 22 $2,399,148 $2,174,148 $2,168,376 $2,164149 $8,905,821 (Remaining Funds Cost: description not specified Student Stations Source: Okeechobee County School District 2016 - 2017 Work Plan 0 City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: sr.,; { ,+ _. - - _'i' 4 Okeechobee County School District Capacity Project Schedules Project Location 2016-17 2017-18 2018 - 19 2019 - 20 2020 - 21 Total Funded Description Project Location Planned 0 a) a a) a a) No not specified Cost: description not specified Student Stations 0 0 0 0 0 0 Total Classrooms 0 0 0 0 0 0 Gross Sq Ft 0 0 0 0 0 0 District Planned Cost $_0 p2 LI a Student Stations 0 0 0 0 0 0 Totals Total Classrooms 0 0 0 0 0 0 Gross Sq Ft 0 0 0 0 0 0 Source: Okeechobee County School District 2016 - 2017 Work Plan City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: sr.,; { ,+ _. - - _'i' 4 Goal: Objective 1: Policy 1.1: Policy 1.2: Policy 1.3: Policy 1.4: Objective 2: Capital Improvements Element Goals, Objectives and Policies The City of Okeechobee shall continue to ensure that public facilities and services are provided, on a fair -share costs basis, in a manner which maximizes the use of existing facilities and promotes orderly growth. The City of Okeechobee shall continue to use the Capital Improvements Element to schedule construction and identify funding sources for the City's capital facility needs in order to accommodate existing and future. development, and to replace obsolete or worn-out facilities. Proposed capital improvements projects shall continue to be ranked and evaluated according to appropriate policies adopted in other elements of the Comprehensive Plan. The following criteria will also be considered: (1) whether the proposed project will eliminate a public hazard; (2) whether the proposed project will eliminate capacity deficits; (3) local budget impacts; (4) locational needs based on projected growth patterns; (5) accommodation of new development or redevelopment; (6) financial feasibility; and (7) plans of state agencies or water management districts that provide facilities in Okeechobee. The City of Okeechobee shall continue to integrate its planning and budgeting processes such that expenditures which are budgeted for capital improvements recognize policies related to public facilities and services set forth in the Comprehensive Plan. In accordance with Policy 7.1 of the Sanitary Sewer... Element, the City shall complete a stormwater management study to identify drainage deficiencies, and allocate any available funds for that purpose in its Administrative Operating Budget for fiscal year 2013. The 5 -Year Schedule of Capital Improvements will be amended as soon as possible to include the study, its projected cost, and the identified revenue source(s). The City of Okeechobee shall identify its needs for public facility improvements, the revenues required for project funding, and shall itemize the costs for such projects in its 5 -Year Schedule of Capital Improvements. The City of Okeechobee shall continue to coordinate land use decisions with the schedule of capital improvements in a manner that maintains the adopted level of service standards and meets existing and future needs. City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: October 18, 2011 9-1 Policy 2.1: The City of Okeechobee shall continue to use the following level of service standards in reviewing the impacts of new development and redevelopment: Facility Level of Service Sanitary Sewer 130 gallons/capita/day (see Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element) Potable Water 114 gallons/capita/day (see Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element) Solid Waste Average Solid Waste Generation X 131bs./person/day X at least 13 years available capacity in Okeechobee County landfill (see Policy 1.4 of Sanitary Sewer...Element) Principal Arterials C Minor Arterials & All Others D Recreation and Open Space 3 acres/1,000 persons Drainage Interim Standard (see Policy 1.5 of Sanitary Sewer... Element) Design Storm X 25 -year storm X 24-hour duration Facility Design Standards X as required by Florida Administrative Code (see Policy 1.5 of Sanitary Sewer... Element) Public Schools Existing School Permanent FISH Capacity Considering Utilization Rate New Elementary 750 New Middle 1000 New K-8 1200 New High School 1500 City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: October 18, 2011 9-2 Policy 2.2: Policy 2.3: Policy 2.4: Policy 2.5: Development orders and permits shall be granted only when required public facilities and services are operating at the established levels of service, or shall be available concurrent with the impacts of the development. Such facilities and services may be provided in phases if development correspondingly occurs in phases; however, required service levels must be maintained at all times during the development process. The City of Okeechobee will maintain a water supply facilities work plan that is coordinated with SFWMD's District Water Supply Plan and the Okeechobee Utility Authority (OUA) by updating its own work plan within 18 months of an update to SFWMD's District Water Supply Plan that affects the City. The City of Okeechobee recognizes that it relies upon the Okeechobee Utility Authority (OUA) facilities for the provision of potable water for its residents, businesses and visitors, and as such the City is part of the greater SFWMD, and that the continued supply of potable water will be dependent upon all local governments striving to maintain demand for potable water at sustainable levels. As such, the City will: (1) Continue to maintain relationships with the SFWMD and the Okeechobee Utility Authority (OUA) to maintain or reduce potable water consumption through education, conservation, and participation in ongoing programs of the region, county and city including coordinating local conservation education efforts with the SFWMD and the Okeechobee Utility Authority (OUA) programs. (2) Require landscaping in all new development or redevelopment on public water systems to use water -efficient landscaping and require functioning rain -sensor devices on all new automatic irrigation systems. (3) The City of Okeechobee shall inform residents and businesses of, and shall encourage their participation in, the Okeechobee Utility Authority (OUA) water conservation programs if they become available. The City of Okeechobee recognizes that the Okeechobee Utility Authority (OUA) provides potable water to the City, its businesses and residents. Although no capital improvement projects are necessary within the City for which the City of Okeechobee has financial responsibility in connection with supply of potable water to the City, its businesses and residents, the City of Okeechobee will support and coordinate with the Okeechobee Utility Authority (OUA), as necessary, to assist in the implementation of Okeechobee Utility Authority (OUA) Capital Improvements projects for the years 2011- 2021. City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: October 18, 2011 9-3 Objective 3: In order to maintain adopted level of service standards, future development shall bear a proportionate cost of necessary public facility improvements equivalent to the benefits it receives from the improvements. Policy 3.1: The City of Okeechobee shall continue to evaluate potential revenue available for public facility expenditures through alternative sources such as user fees, special benefit units, or special assessments. Policy 3.2: The City of Okeechobee shall continue to maintain adopted levels of service by using revenue sources considered under Policy 3.1 to ensure that new development pays a pro rata share of the costs of public facility needs which it generates. Policy 3.3: Objective 4: Policy 4.1: Policy 4.2: Policy 4.3: Policy 4.4: The City of Okeechobee shall continue to continue to apply for and secure grants or private funds when available to finance the provision of capital improvements. The City of Okeechobee shall continue to ensure the provision of needed public facilities within the City limits, based on adopted levels of service as set forth in the Comprehensive Plan. Public facilities needs shall be determined on the basis of previously issued development orders as well as the City's budgeting process and its joint activities with Okeechobee County and the Okeechobee County School District for planning, zoning, and concurrency management. Existing and future public facilities shall operate at the levels of service established in this plan. Debt service shall not exceed 20% of annually budgeted revenues. A five-year capital improvements program and annual capital budget shall be adopted as part of the City of Okeechobee's annual budgeting process. This program shall include the annual review, and revision as needed, of the Five - Year Schedule of Capital Improvements. The financially feasible School District Five -Year Capital Improvement Plan (Tentative Facilities Work Program) which achieves and maintains the adopted level of service standards for public schools, as approved by the Okeechobee County School Board shall be included and adopted each year as part of the City of Okeechobee's annual budgeting process. Objective 5: The City of Okeechobee shall furnish meaningful opportunities for the School Board to have input and coordination in the City's development review process in order to assist the School Board in their provision of adequate and efficient schools. City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: October 18, 2011 9-4 Policy 5.1: The City of Okeechobee and the School Board shall coordinate to ensure that schools are adequately and efficiently provided commensurate with growth. Key coordinating mechanisms shall include: (a) promotion of joint infrastructure park/school facilities when feasible; (b) consideration of the adequacy and availability of educational infrastructure during appropriate review of development order applications; (c) ensuring the provision of adequate infrastructure, on and off site, normally associated with new or expanded schools where consistent with state law restrictions on expenditures by the School Board; (d) evaluation of the School District's annually updated Capital Improvement Plan to ensure that it is financially feasible and that the adopted level -of -service standard for public schools is achieved and maintained; (e) seeking that any new major residential development or redevelopment applicant submit information regarding projected school enrollments from the project; and (f) request that the School Board submit site plan information for all timely new schools. City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: October 18, 2011 9-5 Capital Improvements Implementation City of Okeechobee Comprehensive Plan Capital improvement needs identified in the Comprehensive Plan will be met through implementation of a 5 -Year Schedule of Capital Improvements. This schedule is adopted by the City Council along with Goals, Objectives and Policies, and must be consistent with the Capital Improvements Element. The purpose of the Schedule is to ensure that the City has adequate revenues to implement the Comprehensive Plan. The 5 -Year Schedule of Capital Improvements focuses on the capital outlay required to meet existing deficiencies and to maintain adopted level of service standards planned for public facilities in the Plan. The City shall advise the OUA on these standards. City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: October 18, 2011 9-6 ©KEE, HOBEE COUNTY SCHOOL DISTRICT 2012-2013 Work Pian (9/1' 210121 Pro ect ` chedules A senetdufe of capital projects i?ntore the availOily of settsClas$ronnlc tot the projected t Dant enroument ■1 K- I2 iprocoarris.. Protect Qa% aiption Location 7,f 2012 - 2013 2i1, 3 - 201-4 2/:.L14 - 201 S 2015 a t6 ?016 -2017 Tout Fundy Project dust:aiptlal not Location rpt *e.retified Pin :sag: .<_,.: c. , ,f7 S. vCl S0 N,, i? Student Statins: t:1 0 0 ( .. 1-0ta1 dlassrooins: C I;b c�'1 U' 0t.:3toss Sq Pt: P twat art Cestt 40. 7,f 4:41 0 $@ SO Student Stettonsi tl V 0N A 5 00 , fGi! 0 a {t Total Clattrnentt.c u4111k 0 Allik $0 0 t? i? t3rott Sri te. srs,.doo,466 4}- n. Other PreOct Schedules Ntajoi terrovattow temodelinpand additions of ec Nothing reported for this section. Additional Project Schedule Any prajecis that afe not idenufi f _ ttte st151 approved eduoliarral pion[ SUtuev Nothing reported for this •ction. ti o Joy opt Ott that do not add Nan Funded Gro Management Project Schedules Sche.duie ndicating % ; ch projects due to pinned divetopment tr,rst. i;Ah1N CT he fancied trnm alnenl revenues t the next five years. City to sottool_,. Protect ' 5 ttlDn 2012 2 13 Actust Bsxtgei 2013 - 2014i Projected ?0 t4 2b 15 Protected _ 2[11 � 2tt16 Protected 2416 - 2017 Protected Tote! t`tlr K,8 S u lo at Q t)iV trusted On S',2' ;ctrl $41.'1. tit:) 5 00 , fGi! d; II IS 00C .000 .: I;t,ti00 00t) - tits S.3 i` nn aCI $0 6E40 00041.5,000,060 *1.2,£0O4 $11 srs,.doo,466 - City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: Septamber 3. 'U 1:+ 9-7 FW F-1'EAR SC'HFHITT, OF CAPITAL IMPROVEMENTS (r"v 201211 - TV 20I6;17) ojected Revenues uQ Source 2012/2031 2013/20/4 2014/2015 2015/2016 20I6/2 Revenuas - Pubic Fadlites Fund ,oca L1u local Altar SRS Eight C Ninth Cant Fuel Subtotal Pub Fac 7,683 $ 337,513 $ 344,263 $ 351,148 5 208.059 $ 209.500 $ 213,690 5 217.963 5 71.339 $ 71 980 $ 72,699 5 741 5 56.028 $ 5' 708 $ 58,862 5 60 $ 663,109 $ 676,701 $ 639,514 5 7 358,170 $ 222,322 $ 75,635 39 $ 61,239 302 5 717,366 11Pw rrur'5 Crrdlit� Storm .'tr retrofit ,,canals; Ill L.gnlative Grant thru Landscaping S Parrott Ay 'FOOT Hwy Besutificatn Grant) NE Park?SR 70 10th-13th/turn lane ICOBG Community DwN Block Gr Taylor Crook Park ISE 7th St) iFL Roc Owe! Asst Pragram(FRDAP)1 1Fl. Fish & wildlife Conservtn thru the Fl Roc Droll Asst Program & Boatmg.watorway grant) Subtotal Grant rwoews $ 2S,? 00c 5 100,000 $ 258.000 $ 100,000 Total Revan- 5 150,000 5 50000 706.000 5 150,000 5 50,000 1,384.701 5 839,514 5 753,307 5 717,366 Projected Expenses Pr01 t t4, nr/ Owscf lVtrcan 2012 2013/2014 1014/2015 2015/2016 20102017 Poac reoarrs and matonals Asphalt /Paring, Curb/gutter: srdewalks Subtotal 113 5 30.000 5 32.000 $ 34,000 $ 250,000 5 - 5 250.000 5 100,000 $ 100 000 5 100 000 380.000 $ 132,000 5 384,000 DRAINAGE Fant o' Drainage Storm sews► instat`at+on/replace Subtotal GRANT FUNDED: PROJECTS • .anascaping 5 Parrot NE Park/SR 701 Taylor Crook Par Subtotal Total Expe 000 5 50,000 $ 50,000 5 35,000 5 35,000 $ 85,000 5 85,000 13th/tum sane 1600 SE 7th St) $ 447,697 5 1,238,123 $ 605.000 $ 267,000 5 enues less Expenditures s 21.5,412 5 146,588 $ 134,514 9,000 486.302 5 248,36[, City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: September 3, 2013 9-8 City of Okeechobee Five Year Capital Improvement Schedule Project Description Funding FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 5 Year Source Total Transportation Projects Median Replacement General $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 & Right of Way_ Install Baffle Box & SCOP $177,537 $177,537 Raise Road Elevation Asphalt Program Gas Tax $120,000 $55,000 $200,000 $300,000 $675,000 Sidewalk Program Gas Tax $85,000 $115,000 $55,000 $255,000 Sign Gas Tax $15,000 $15,000 $15,000 $15,000 $15,000 $75,000 Res air re•lacement Traffic Signal Gas Tax $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Upgrades Total 437 537 110 000 370 000 110 000 410 000 1 382 537 Stormwater Projects ROW Draina•e Gas Tax 10 000 10 000 10 +00 10 000 10 000 50 000 R&M Roads and Culverts Storm Water Infiltration Repair Storm Water Ditch Adjustments Total 40 +++ 40 +++ 40 000 40 +++ 40 +++ 200 +++ Sewer Projects Chamber Lift Station General 12 500 12 500 Total 12 500 12 500 Parks & Recreation Projects Flagler Park General $14,000 $14,000 Replacement Trees Centennial ParkGeneral $10,000 $10,000 Exercise Equip Centennial Park BBQ General $4,000 $4,000 Grills Centennial ParkGeneral $20,000 $20,000 Irrigation Centennial Park General $30,000 $30,000 Landscaping Total 78 000 78 000 CIS TOTAL 150 000 + 000 + 000 000 1 673 037 Source: City of Okeechobee 2017 - 2018 Annual Budget City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: 9-9 Summary of Revenue/Expenditures Okeechobee County School District Remodeling Projects Only Available for New Construction and 2016-17 2016-17 2017-18 2018-19 2019-20 2020-21 Five Year Total Funded Description Total a) $2.399,148 $2,174,148 $2,168,376 $2,164,149 $8,905,821 Revenues Project Location Planned 5.2 22 Total Project 12 a) $129,797,586 Costs not specified Difference 20 $2,399,148 $2,174,148 $2,168,376 $2,164,149 $8,905,821 (Remaining Funds 0 0 0 Source: Okeechobee County School District 2016 - 2017 Work Plan 0 0 Okeechobee County School District Capacity Project Schedules Prosect Location 2016-17 2017-18 2018 -19 2019 - 20 2020 - 21 Total Funded Description Project Location Planned 5.2 22 No not specified Cost: description not specified Student Stations 0 0 0 0 0 0 Total Classrooms 0 0 0 0 0 0 Gross Sp Ft 0 0 0 0 0 0 District Planned Cost Student Stations 0 0 0 0 0 0 Totals Total Classrooms 0 0 0 0 0 0 Gross Sq Ft 0 0 0 0 0 0 Source: Okeechobee County School District 2016 - 2017 Work Plan City of Okeechobee Comprehensive Plan Capital Improvements Element Amended: September 3. 201.3 9-10 EXI'4S.+ Z Padbre -10r Ado? r+is/ !.ct n 001'obtr ?,aoi City of Okeechobee General Services Department 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: cp.. 'a, 9-17 Petition No. 17-Q Li- 5S/ Fee Paid: ,'( e((tt IS a 1 Jurisdiction: F(& ‹ 0 /' 1" Hearing: `'t- (a—(—( 2"d Hearing: Ja,— 1 ci-i-7 Publication Dates: Notices Mailed: 1'01 NA 1 I (.14 APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT TO BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: F`, i / -- Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment R] Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More 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 PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: 33 Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are 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. Date Signature of 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, Est. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) I. APPLICANT/AGENT/OWNER INFORMATION Agueda Benitez Applicant 401 SW 3rd Street Address Okeechobee FL 34974 City (863) 484-4459 State Telephone Number Jeffrey M. Sumner, PE Fax Number E -Mail Agent* 393 SW 67th Drive Address Okeechobee FL 34974 City State Zip (863) 634-9474 jeffna,sumnerengineering.com Telephone Number Fax Number E -Mail Ana Trujillo & Agueda Benitez Owner(s) of Record 1349 Davis Street Address Sugar Hill GA 30518-4873 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 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) II. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment Ni Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Small-scale amendment to the Future Land Use Map to Multi -Family Residential for Lots 3 - 6, Block 181, City of Okeechobee. III. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting development potential of property) A. PROPERTY LOCATION: 1. Site Address: 401 SW 3rd Street Okeechobee, FL 34974 2. Property ID #(s): 3-15-37-35-0010-01810-0010 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: 0.976 Acres (42,514.6 sq. ft.) 2. Total Area included in Request: 0.65 Acres (28,357.2 sq. ft.) a. In each Future Land Use (FLU) Category: (1) Single -Family Residential: 0.65 Acres (28,357.2 sq. ft.) (2) (3) (4) b. Total Uplands: 0.65 Acres (28,357.2 sq. ft.) c. Total Wetlands: 0.0 Acres (0.0 sq. ft.) For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: Residential Multiple Family 4. Current FLU Category: Single -Family Residential 5. Existing Land Use: Multi -Family Residential 6. Requested FLU Category Multi -Family Residential D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 10 Number of Units 3 7 Commercial (sq. ft.) Industrial (sq. ft.) IV. AMENDMENT SUPPORT DOCUMENTATION 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 of 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. SEE ATTACHED LETTER REPORT FOR 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. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 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. 5. Map showing existing zoning of the subject property and surrounding properties. 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. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 4of7 Applicaton for Comprehensive Plan Amendment (6/09) 7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate 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. (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 trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. 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 accom- modate traffic associated with the proposed change over a ten-year planning period. 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; 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 (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 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; b. Water and Sewer; c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either 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. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee 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. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 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. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each VI. AFFIDAVIT I, Agueda Benitez , certify that I 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 matter attached to and made a 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. ONO Signature of Owner or Authorized Agent Date Agueda Benitez Typed or Printed Name STATE OF (fta COUNTY OF 11* \C M 7 The foregoing instrument was 20 11 , by AO U o who has produced \Q) c?l �Sl - Oar -fled d subscribed before me this day of flt Z , who is personally known to me ass1ident'fi a on. 1Q-CkIAL) Notary Public W310\ \\A e ail �. MICHELLE L. MERCURE f+s Notary Public - State of Florida �i .'.. My Comm. Expires Nov 15, 2018 o....q4' Commission # FF 151107 Printed Name of Notary Public / Commission Expires on: t t! 1 J 1 2D \ b For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 7 of 7 )eC Ct, I D - 91-L 11 T.32 pm City of OtteethoU2e GeneinfStrvicssDepartment 55 S.E.3'°LAvenue, Room UR Okeechobee, Florida. 354744003 Photic: (863) 76333'12, ext. 218 Fax: (863) 76x3 -168i:_ Date: Petition Nei. Fee Paid`. Jurisdiction: 1" 11444 2na HearinW. ulihcahoir Dates: - . Notices Mailed: APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT To BE COMPLETED BY CITY STAFF: Verified PLUM Designation: Verified Zoning Designation: Plan Amendment Type: ❑ Large Scale (LSA) involving over 10 acres or text amendment ❑ Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres lithe 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 PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: 33 Submit I (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (1 5) copies of any documents over 11 X 17 are 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. o, z i 1 e 1 arrl� Date *Attach Notarized Letter of Owner's Authorization ;vler:ol't•; ;Representaiye ".= • j�: :,j •.f N. ��ifldaiii;3�, For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 1 of 7 ..,,..V ._ , Y re.n. e.y.« r r e +?,3r,' yet !-r,�+. sw.,....w -, r . x',.* c . S? �•Ya' D �s t v41 E0 39Vd SNI S3DIAd3S 103 8LE8V088L9 WdEe:t LIOZ/17Z/0I r. -_ •_• __ - _r.aa.. .._.... ._........�1.._..,. LL�:i.:.r: ... .. � ...._ .. ............ .T' _.... ..... __.... -... ....`•7.^.•'X="'..."'.-.ti._"�r•.-K^..C]7::_ .... � ....:•^�•!-fit Applicaton for Pomprehensive Plan Amendment (6/09) E. - JU5`f1*ATION,OF PI OPOSED AMgN»MENT Justify the proposed amendment based upouisound:planning principles. 13e sure to support all conclusions made: in this justifcationwith adequate data and analysis. V. FEE SCHEDULE • _•57,1..`.. t$,- 7.5 as^_..vd.°t �.. ..ni«.•fait.... Isar tfScale Ati en invent .: t; (�) _..._ $4,040:00 pitt,S` $30.00 per hcre Smnl J. Scale Atinendment (SQA) $850:1)0 plus '$3O 00 per acre TextAm.ndmer Flat Feb:$2,00.00 _, each "r ,,t HI"K, a 3:O 114: _ ...h, ,&r p r!n• - 5p 1, Mthi:Martax sttnpoza ao Tetjil1o, .certi '' that 1 am the owner or apthorized rePreseptatiVe ofij►e prolierty described herein, and that all answers to the questions in this application ancitany sketches, dqta, or other supplementary matter attached'to and made'2 past of this appheatian, are•:Itonest and true to the best of my knowledge and =belief 1 -also authorize the'staff of the City of Okeeehobeeto enter upon the property during`normal working hours for the purpose of investigating'and'evaluating the,request made'through`this application:• gniature of Owner or Authzed Agent Date Atte 1V>ana Ci pipo an6 Trujillo Typed -or Printed -Name. STATE OF re ot-g�- COUNTY OF __ — foregoing instrument was certified and subscribed before me this 2 20 IT, by-- na cf� uuO , who is perso or who has produce /tIt*)S LI /Se as identification.r� day of ally,tnown to me �1 l l h %‘• PRD E CQ1A �: Printed Name of Notary Public 20 al Commission Expires on:L. v 2 :; jOUl31..\ :� p 03 ,0 CO . : /1111111110 For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Notar Public 170 39Vd Page 7 of 7 /SEC\Sumner Engineering & Consulting, Inc. /Agriculture, Civil, Land & Water Resources September 29, 2017 City of Okeechobee Planning & Zoning Department Attn: Bill Brisson 55 SE 3rd Avenue Okeechobee, FL 34974 RE: Request for Small Scale Amendment Lots 3 - 6, Block 181, City of Okeechobee Mr. Brisson: 393 SW 67th Drive Okeechobee, FL 34974 863.634 9474 This letter report is intended to supplement the above -referenced application, specifically Part IV — Amendment Support Documentation. The subject property is part of an existing developed parcel (Lots 1 — 6, Block 181) owned by the applicant. Lots 1— 2 currently have a FLU designation of Multi -Family Residential, while the Tots subject to this application (Lots 3 — 6) have a FLU Designation of Single -Family Residential. Further, current zoning for all six lots is Residential Multiple Family. Support documentation for the application is described below and/or attached hereto. I have attempted to use lettering/numbering consistent with that in the application form. A. GENERAL INFORMATION AND MAPS 1. Wording of Proposed text changes. N/A — No text changes are proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Map A-2 — Future Land Use Designations is attached. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Map A-3— Existing Land Use (Actual) is 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. The subject property is within the urban developed area of the City Okeechobee. The existing use (multi -family) and zoning (Residential Multiple Family) is are consistent with the requested land use change. Further, the requested change is consistent with the development pattern in the area, bounded on the north and east with a mixture of commercial and residential uses, and to the south and west by a daycare and church. 5. Map showing existing zoning of the subject property and surrounding properties. Map A-5 — Existing Zoning Designations is 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. A certified boundary survey of the parent tract (Lots 1— 6, Block 181), which includes the Tots subject to this application (Lots 3 — 6, Block 181) is attached. A small-scale copy of the survey is included for distribution as ExhibitA-6. 7. A copy of the deed(s) for the property subject to the requested change. Exhibit A-7— Deed is attached. 8. An aerial map showing the subject property and surrounding properties. Map A-8 —Aerial is 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 — The owner is the applicant. B. PUBLIC FACILITIES IMPACTS 1. Traffic Analysis — Utilizing the ITE Trip Generation Manual (8th Edition) to estimate traffic volumes associated with the proposed Land Use Designation (relative to the existing Land Use Designation), and utilizing the maximum development units for each as shown in Part III.B of the application, the estimated increase in expected traffic volumes is as follows: Description / ITE Code Units Expected Units Calculated Daily Trips PM Peak Trips Single Family Homes (210) DU 3 29 3 Apartment (220) DU 7 47 4 Increase 18 1 An estimated increase of 18 daily trips and 1 PM peak trip should be considered insignificant, and is not expected to burden existing LOS of the surrounding road network. Further, it should be point out that the maximum allowable number of development units (7) have already existed on the site for some time, and so no actual increase in traffic is expected. 2. Potable Water and Sanitary Sewer / Open Space a. Potable water demand is estimated based on 2.7 people per development unit (DU) and 114 gallons per person per day (gppd), as follows: 7 DU x 2.7 people/DU x 114 gppd = 2,155 gallons per day (proposed FLU) 3 DU x 2.7 people/DU x 114 gppd = 923 gallons per day (existing FLU) Increased water/sewer demand = 1,232 gallons per day As stated above, the property is already developed with the maximum allowable number of DU, so no actual increases in water and sewer demand is expected. b. Recreation / Open Space demand is estimated based on 2.7 people per DU and a requirement of 3 acres per 1,000 peak season population, as follows: 7 DU x 2.7 people/DU x 3 acres/1000 = 0.057 acres (proposed FLU) 3 DU x 2.7 people/DU x 3 acres/1000 = 0.024 acres (existing FLU) Increased recreation / open space demand = 0.033 acres The small increase in required open space does not warrant additional open space or recreational area construction. Further, the subject property is in close proximity to significant open space, being only 2 blocks south of Flagler Park. 2IPage 3. Correspondence with the appropriate agencies substantiating the adequacy of existing facilities to support the proposed change are included as Appendix B-3. At this point, we have received service confirmation letters regarding water and sewer, and have requested the same for schools and solid waste. As no increase in density over the existing use is expected (or even allowed), it is anticipated that existing service capacities are available to support the proposed SSA. C. ENVIRONMENTAL IMPACTS 1. Wetlands and aquifer recharge areas. N/A —the subject property is already developed for the proposed use, and is within a developed urban area of the City. There are no on- site wetlands or recharge areas. 2. Soils posing severe limitation to development. N/A —the subject property is already developed for the proposed use. 3. Unique habitat. N/A—there is no unique habitat on this developed property. 4. Endangered species of wildlife and plants. N/A — there are no known endangered species present. 5. Floodprone areas. N/A —the subject property is within the developed City of Okeechobee, and has a flood zone designation of X. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Effect on the established City of Okeechobee population projections. The proposed SSA is to make the FLU designation of the subject property consistent with the existing actual use and existing zoning, therefore no population increase is anticipated (the existing use is already at the maximum allowed density under the proposed FLU designation). Therefore, the proposed amendment is expected to have no effect on the City's established population projections. 2. Goals and Objectives of the City's Comprehensive Plan that are affected by the proposed amendment. As already stated herein, the existing use is already at the maximum allowed density for the proposed Land Use and existing zoning. No increase in development potential is anticipated (or even possible), so no Goals or Objectives are expected to be affected. 3. Effects on the County's Comprehensive Plan as it relates to adjacent unincorporated areas. The subject property is well within the City of Okeechobee limits, and is therefore not expected to have any impact on adjacent unincorporated areas. The County's comprehensive plan will not be impacted. 4. State Policy Plan and Regional Policy Plan goals and policies relevant to this plan amendment. As already stated herein, the existing use is already at the maximum allowed density for the proposed Land Use and existing zoning. No increase in development potential is anticipated (or even possible), so State or Regional Policy Plan goals are expected to be affected. E. JUSTIFICATION OF PROPOSED AMENDMENT The proposed Small -Scale Amendment is consistent with both the current use of the subject property and the development pattern of surrounding properties. Multi -family land use has long been considered a natural "transition" between other multi -family and commercial uses (such as those that exist to the north and east of the subject parcel), and single-family uses Mage (such as those that exist further to the south and west of the subject parcel.) The subject parcel is already developed at its maximum allowable density under the proposed Amendment, so no increase in development potential is being requested, and no increased burden on public services is anticipated. We have attempted to prepare a complete application for the proposed Small Scale Amendment. However, if you have any questions or require any additional information at this time, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance in this matter. Sincerely, Sumner Engineering & Consulting, Inc. Jeffrey M. Sumner, PE President 4IPage EXHIBIT A-7 PROPERTY DEED QUITCLAIM DEED This instrument prepared by: Gregory D. Jay, Esq. CHANDLER, BRITT & JAY, LLC 4350 South Lee Street Buford, Georgia 30518-1749 Rec. $18.50 Doc. St. $ .70 1111111111111111111111111111111111111111 FILE NUM 2015002784 OR BK 757 PG 1813 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FLORIDA RECORDED 03/23/2015 03:31:42 PM AMT $10.00 RECORDING FEES $18.50 DEED DOC $0.70 RECORDED BY L Shain P9s 1813 - 1814; (2 pss) THISQUITCLAIM DEED, made on this the 19th day of March, 2015 between MATIAS CAMPOZANO and ANA MARIA CAMPOZANO TRUJILLO ("Grantors") and ANA MARIA CAMPOZANO TRUJILLO and AGUEDA BENITEZ, as tenants in common ("Grantees"), -1349 Davis Street, Buford Georgia 30518. WITNESSETH, that Grantor, for and in consideration of LOVE AND AFFECTION, and other good and valuable consideration in hand paid by Grantee, the receipt of which is acknowledged, quitclaim to Grantee and Grantee's, heirs, executors, administrators, and assigns forever all of the right, title, and interest of Grantor in the following described land situated in Okeechobee County, Florida: Legal Description: Full Parcel ID: Location Address: GRANTOR: Lots 3 through 6, Block 181, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records,' keechobee County, Florida. Subject to restrictions and easements of reco_vi, if any. 3-15-37-35-0010-01810-0030 403 S.W. 3`d Street, Okeechobee vt6k CO LA filP0a040 Signature Printed Name: MATIAS CAMPOZANO Address: 1349 Davis Street, Buford, GA 30518 Date: MARCH 19, 2015 Book757/Page1813 CFN#2015002784 WITNESSES: SIGNATURE �j, Print Name: 4-' I SC_ ! hth'/ SIGNATURE Print Name: Page 1 of 2 41-0(ailtz Page 1 of 2 GRANTOR: ,Qnd /vI� Ccin ozvito Signature Printed Name: ANA MARIA CAMPOZANO TRUJILLO Address: 1349 Davis Street, Buford, GA 30518 Date: MARCH 19, 2015 WITNESSES: SIGNATURE Print Name: 41a 5 STATE OF GEORGIA COUNTY OF GWINNETT The foregoing instrument was acknowledged before me on this 19`h'day of March, 2015 MATIAS CAMPO ANO, who is personally known to me or has produced adriver's license as a type of identifi Signature: Print Name: _ Gregory D. Notary Public, State of: Georgia My Commission Expires:_ July 15 , 2017 (Seal) Book757/Page 1814 CFN#2015002784 Page 2 of 2 Page 2 of 2 BOUNDARY SURVEY PREPARED FOR ANA TR UJILL O & A G UEDA BENITEZ ROCDMVIN Y. ave SCALE I rose- da MST DESCRIPTION* LOTS 1, 2, 3, 4, 5 ANO 6, BLOCK 181, CITY OF OKEECHOBEE, ACCORD/NG TO THE PLAT THEREOF AS RECORDED /N PLAT BOOK 5, PACE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPEC/F7C NOTES. 1) UNLESS SJ10NN OTH£Re7SE, ALL DIMENSIONS ARE PLAT(P) AND M£ASUREO(M) 2) 5/18 ADDRESS 401 SW. 3R0 STREET. 3) PARCEL /0: PARCEL /0: 3-15-37-35-0010-01810-0010. 4) FIRM.. ZONE: X' MAP N0. 12093C0480C,, 0A7E0 7-16-15. 5) THIS SURIEY IS NOT INTENDED TO DEPICT .RIR/SD/CPONAL AREAS OR OTHER AREAS 0`" LOCAL CONCERN. 6) SURVEYOR WAS NOT FRONDED 14TIH ANY 777L£ /NFORMAPON FOR TH/S PARCEL. SURIEYOR ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF EASEMENT DIMENSIONS S71014N HEREON, THERE MAY BE OTHER EASEMENTS OR RESTRICTIONS THAT EFFECT 7N/5 PARCEL, 7) THE SURIEY DEPICTED HERE /S NOT COVERED BY PROFESSIONAL UAB/UTY INSURANCE. ADO/710N5 OR DELETIONS TO SURVEY MAPS 09 REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES /S PROHIBITED VNTHOUT NP/T7E7V CONSENT OF 1H£ SIGNING PARTY OR PARTIES B) BEAR/NG REFERENCE: THE CENTERUNE OF SW 380 AVENUE /5 TAKEN TO 65,48 NORTH 895833' £AST. 9) DATE' OF LAST FIELD SURVEY. 12/20/16. BOUNDARY SURVEY 12/27/16 323/34 DM 4A8 O6SCRIPTION DWG. are !8/40 or CO SCA(. 1. - 30' DRAWING NL YRCR: 30454 J `50(22 1 Or 1 LECENB 0 -Set Iron Rod and Cop 'NAB L5 4820' ■-Found CN •-ro-,nd Iron Rod (and Cop) 01 -Found Pip. (and Coo) ABBREMABONS e..r.� eu•e..m..A f-c.m acdo.el.m arv-cm. ry = a wast oM/e Ease ofvessel.: Igo/ Semononl.r s.0 neeea.l.aa: m hC)men Rog R �Mprj-:.uae`) Lee, :7(n<w.alPyl v1tT s.4-PAwrlr ionnoot ev n'i igv:."ieamnion*, «�c Nuns/Int ee.'adcP„a e .1e%1l_x Guru.* Pmt mnl P *:00.,I&,.Ul al1,. ,mT0.*I1koa*;;* uh.-ui IX,m)°y-• Pel ie.ollrn ossa m nacolea Velum. 58AN0ARD NOTES: 1. No .earth of the public records for delerminollon of o.nership or restrictions affecting the lonas Moen woe performed by the surveyor. 2. e10 survey deplcl.d here s prepared 0 -elusively for those parties n0(00. }. No responsibility or Ilobelly Is osswned by the surveyor for use by others not speclocally /1011100. e. Not oOld without the signature and ernbas.ed seal al 410100 Iicsneed surveyor and mapper 64620. 5. there are no Nslble tabor. ground encroachments .sept as shown. 6. No attempt .as mode to locate underground Improvements an0/0, encrooehmenld (II ony) as part of this survey. 7. This survey opr 0, epored In occ d0nce with minimum technical standards established by the liarko Board cl Surveyors and uopper.(Chwler 61017-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee. FL. 34974 Tel: (883) 783-2887 Fax: (883) 783-4342 Email: kob.twps®yahoo.com Kenneth A. Breaux, Jr. (PSM 4820) LB N0. 8097 AUAUf1S AIIVUNIIMI - 9-V ZI IIHXI FUTURE L I. MAP A-2 ND USE DESIGN STAT ROAD 70 PJ.W. PARK STREET Ti A G L S.W. PARh STREET 178 &W. 2 RD 5 &rte 316) 4044 179 180 i 034, PJ 1'- 12 88 12 w ILI LAS 187 - BJEP 164 1493e' w iu 186 4,4/4/4141 w S.W. 4TF! 218 196 SW, ill &W.7iM 100103 f Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 2 1 ON PI 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 LAND USE CLASSIFICATIONS / „t. SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL up MULTI - FAMILY RESIDENTIAL IIII COMMERCIAL INDUSTRIAL PUBLIC FACILITES CENTERLINE RAILROAD UNINCORPORATED 1 1 187 - BJEP 164 1493e' w iu 186 4,4/4/4141 w S.W. 4TF! 218 196 SW, ill &W.7iM 100103 f Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 2 1 ON PI 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 MAP A-3 EXISTING LAND USE (ACTUAL) 4 5 6 0 11 12 2 11 12 2 e 9 r ii „ 1 0 M 54 7 8 9 . C 5 4 1 b 7 8 9 SUBJECT PROPEJ TY c 6-{-4--a--2- 1- - -5--4- w SINGLE FAMILY MULTI FAMILY COMMERCIAL / OFFICE CHURCH / NON-PROFIT DAYCARE VACANT PARKING LOT --2--1- -7- 8--9-iO-i-r1r2----r-8----if)-t1-1 -4--£+-4:-4 42- & 7 6 5 4 3 2 196 6 5 4 9' Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 M P A-5 EXISTING ZONING DESIGNATIONS D4.W. PARK STREET S.W. PARK STREET 4 ZONING VOIMENUAL al taw + n,r�rr�r.�u rrbCr�ssraMPl Y�6Ef Faislrew; MAX F rfai a=� MING WAIF a-urasrsauW A#11,41E0Om 8Elo a-�►Y3Ranei� 1i1, AFP61##6 Oil3i IF rtiifF isEI30Erill :lel€ 4NOYr1t�1a --f._..f mamma ElEgIEW#E al4 w S.W. 4TH gineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 393 SW 67th Drive Okeechobee, FL 34974 863.634,9474 M, P/`o8 AERIAL Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 Appendix B-3 Existing Facilities Correspondence Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources September 13, 2017 Okeechobee Utility Authority Attn: Mr. John Hayford, Executive Director Via email ihayford@ouafl.com RE: Request for Confirmation of Adequate Services Small -Scale Comprehensive Plan Amendment Lots 3 - 6, Block 181, City of Okeechobee Mr. Hayford: 393 SW 67th Cdve Okeechobee, FL 34974 863.634.9474 Our firm is assisting the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Single -Family Residential to Multi -Family Residential. The application requires obtaining a "letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change" for various facilities, including water and sewer. In support of our request for this letter, please consider the following information. The subject property is within the urban developed area of the City, and is currently developed as multiple -family residential with seven (7) existing development units (one tri-plex and one quad). Further, the existing zoning for the property is Multiple -Family Residential. The request being presented to the City is to update the FLU Map to be consistent with existing zoning and current use of the property. Additional information on the subject property, taken from Sections 11 and III of the SSA application, is provided below for your use: 11. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) 1 1 Text Amendment x Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Small-scale amendment to the Future Land Use Map to Multi -Family Residential for Lots 3 - 6, Block 181, City of Okeechobee. III. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting develo•ment .otential of .ro•ert A. PROPERTY LOCATION: 1. Site Address: 401 SW 3rd Street Okeechobee, FL 34974 2. Property ID #(s): 3-15-37-35-0010-01810-0010 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: 0.976 Acres (42,514.6 sq. ft.) 2. Total Area included in Request: 0.65 Acres (28,357.2 sq. ft.) a. In each Future Land Use (FLU) Category: (1) Single -Family Residential: 0.65 Acres (28,357.2 sq. ft.) (2) (3) (4) b. Total Uplands: 0.65 Acres (28,357.2 sq. ft.) c. Total Wetlands: 0.0 Acres (0.0 sq. ft.) 3. Current Zoning: Residential Multiple Family 4. Current FLU Category: Single -Family Residential 5. Existing Land Use: Multi -Family Residential 6. Requested FLU Category Multi -Family Residential D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 10 Number of Units 3 7 Commercial (sq. ft.) Industrial (sq. ft.) 2IPage As shown in the table above, the proposed Land Use Amendment will allow for an increase of four (4) residential development units (DUs). Utilizing the LOS values in the City's Comprehensive Plan of 114 gallons per person per day (gppd) for water and wastewater and 2.7 persons per DU, the increase associated with the proposed SSA is: 7 DU x 2.7 people/DU x 114 gppd = 2,155 gallons per day (proposed FLU) 3 DU x 2.7 people/DU x 114 gppd = 923 gallons per day (existing FLU) Increased water/sewer demand = 1,232 gallons per day As stated above, the property is already developed with the maximum allowable number of DUs, so no actual increases in water and sewer demand is expected related to the proposed Future Land Use designation. Further, the existing site is permitted through the Florida Department of Health to house migrant labor, with a maximum seasonal occupancy of 38 people in the seven (7) DUs. Chapter 64E- 14.008, F.A.C. (Water Supply) requires potable water provided at such facilities of 50 gppd — in this case, the minimum required daily water supply to meet the State requirement is 50 gppd x 38 people = 1,900 gallons per day (existing actual use). As required by the SSA application process, we are requesting a letter from OUA confirming the adequacy of existing water and wastewater facilities to support the proposed FLU designation of Multi - Family Residential. Kindly provide the letter to my attention. If you have any questions, or require any further information, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance. Sincerely, Sumner Engineering & Consulting, Inc. Jeffrey M. Sumner, PE President 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 LOCA ION MAP .4N40:041.3'00.;••••• • $ e4.0. 471411H ,Le L NE C1:11.t.i.von Ai "ch2 DS ,= 017 M Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 September 21, 2017 Mr. Jeffrey M. Sumner P.E. Sumner Engineering & Consulting, Inc :393. SW en Drive Okeechobee, Florida 34974 Ref: Water• Capacity Request Parcel ID No.: 3-15-37-35-0010-01810-0010 Site Address: Lots 3-6, Bock 181 401 SW 3rd Street Okeechobee, EL 34974 Dear Mr. Sumner: (863) 763-9460 FAX: (863) 467-4335 In reference to a request of the availability of water capacity to the subject property, 1 submit the following information for your use in meeting the potable water demand requirements for the project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. During the twelve month period from August 2016 to July 2017, the maximum daily flow was 3.65 MGD, or about 61% of capacity. At the present time, the OUA has excess capacity at the treatment plants. The OUA has a potable water distribution main in the alleyway behind the subject property. Any upgrade requirements to the water main due to the demands of the proposed project will be at the project owners' expense. Should you have any questions, comments or concerns with regards to the water system capacity, please contact the QUA at 863-763-9460. Sincerely, John F. Hayford, P.E. Executive Director Okeechobee Utility Authority OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 -September 21, 2017 Mr. Jeffrey M. Sumner P.E. Sumner Engineering & Consulting, Inc 393 SW 67th Drive Okeechobee, Florida 34974 Ref: Wastewater Capacity Req est Parcel ID No.: 3-15-37-35-0010-01810-0010 Site Address: Lots 3-6, Block 181 401 SW 3rd Street Okeechobee, FL 34974 (863) 763-9460 FAX: (863) 467-4335 Dear Mr. Sumner: In reference to a request of the availability of wastewater capacity to the subject property, 1 submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant with a FDEP permitted capacity of 3.0 MGD. During the twelve month period from August 2016 to July 2017, the annual average daily demand was 0.853 MGD, or about 28% of the current 3.0 MGD treatment capacity. The OUA has a gravity sewer main in the alleyway behind the subject property. Any upgrade requirements to the wastewater system due to the demands of the proposed project will be at the project owners' expense. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the OUA at 863.763.9460. Sincerely, John F. Hayfor.E. Executive Director Okeechobee Utility Authority Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources September 13, 2017 Okeechobee County School Board Attn: Mr. Ken Kenworthy, Superintendent Via email kenworthyka.okee.k12.fl.us RE: Request for Confirmation of Adequate Services Small -Scale Comprehensive Plan Amendment Lots 3 — 6, Block 181, City of Okeechobee Mr. Kenworthy: 393 SW 67th Olive Okeechobee, FL 34974 863 634 9474 Our firm is assisting the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Single -Family Residential to Multi -Family Residential. The application requires obtaining a "letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change" for various facilities, including solid waste. In support of our request for this letter, please consider the following information. The subject property is within the urban developed area of the City, and is currently developed as multiple -family residential with seven (7) existing development units (one tri-plex and one quad). Further, the existing zoning for the property is Multiple -Family Residential. The request being presented to the City is to update the FLU Map to be consistent with existing zoning and current use of the property. Additional information on the subject property, taken from Sections II and III of the SSA application, is provided below for your use: II. REQUESTED CHANGE (Please see Section V. Fee Sc.heidule) A. TYPE: (Check appropriate type) Text Amendment Ix l Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): Small-scale amendment to the Future Land Use Map to Multi -Family Residential for Lots 3 - 6, Block 181, City of Okeechobee. ID. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting develo•ment •otential of •ro•ert A. PROPERTY LOCATION: 1. Site Address: 401 SW 3rd Street Okeechobee, FL 34974 2. Property ID #(s): 3-15-37-35-0010-01810-0010 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: 0.976 Acres (42,514.6 sq. ft.) 2. Total Area included in Request: 0.65 Acres (28,357.2 sq. ft.) a. In each Future Land Use (FLU) Category: (1) Single -Family Residential: 0.65 Acres (28,357.2 sq. ft.) (2) (3) (4) b. Total Uplands: 0.65 Acres (28,357.2 sq. ft.) c. Total Wetlands: 0.0 Acres (0.0 sq. ft.) 3. Current Zoning: Residential Multiple Family 4. Current FLU Category: Single -Family Residential 5. Existing Land Use: Multi -Family Residential 6. Requested FLU Category Multi -Family Residential D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 10 Number of Units 3 7 Commercial (sq. ft.) Industrial (sq. ft.) Wage As shown in the table above, the proposed Land Use Amendment will allow for an increase of four (4) residential development units (DUs). (It should also be noted, as stated above, that the property is already developed with the maximum allowable DUs (seven), so no actual increase in development is proposed.) As required by the SSA application process, we are requesting a letter from Okeechobee County School Board confirming the adequacy of existing or planned school facilities facilities to support the proposed FLU designation of Multi -Family Residential. Kindly provide the letter to my attention. If you have any questions, or require any further information, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance. Sincerely, Sumner Engineering & Consulting, Inc. Jeffrey M. Sumner, PE President LOCATIN Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources September 15, 2017 Okeechobee Landfill, Inc. Attn: Mr. Charles Orcutt, Market Area Engineer Via email corcutt1@wm.com RE: Request for Confirmation of Adequate Services Small -Scale Comprehensive Plan Amendment Lots 3 - 6, Block 181, City of Okeechobee Mr. Orcutt: 393 SW 67th Drive Okeechobee FL 34974 863.834 9474 Our firm is assisting the landowner of the above -referenced parcel with an application for a Small -Scale Amendment (SSA) to the City's Comprehensive Plan. A location map showing the subject property is attached for your use. Specifically, the request is to change the Future Land Use designation of the subject property from Single -Family Residential to Multi -Family Residential. The application requires obtaining a "letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change" for various facilities, including solid waste. In support of our request for this letter, please consider the following information. The subject property is within the urban developed area of the City, and is currently developed as multiple -family residential with seven (7) existing development units (one tri-plex and one quad). Further, the existing zoning for the property is Multiple -Family Residential. The request being presented to the City is to update the FLU Map to be consistent with existing zoning and current use of the property. Additional information on the subject property, taken from Sections 11 and III of the SSA application, is provided below for your use: 11. REQUESTED CHANGE (Please see Section V. Fee Schedule) A. TYPE: (Check appropriate type) I� Text Amendment n Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Briefexplanation): Small-scale amendment to the Future Land Use Map to Multi -Family Residential for Lots 3 - 6, Block 181, City of Okeechobee. III. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting develo•ment •otential of •ro•ert A. PROPERTY LOCATION: 1. Site Address: 401 SW 3rd Street Okeechobee, FL 34974 2. Property ID #(s): 3-15-37-35-0010-01810-0010 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: 0.976 Acres (42,514.6 sq. ft.) 2. Total Area included in Request: 0.65 Acres (28,357.2 sq. ft.) a. In each Future Land Use (FLU) Category: (1) Single -Family Residential: 0.65 Acres (28,357.2 sq. ft.) (2) (3) (4) b. Total Uplands: 0.65 Acres (28,357.2 sq. ft.) c. Total Wetlands: 0.0 Acres (0.0 sq. ft.) 3. Current Zoning: Residential Multiple Family 4. Current FLU Category: Single -Family Residential 5. Existing Land Use: Multi -Family Residential 6. Requested FLU Category Multi -Family Residential D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU/Acre) 4 10 Number of Units 3 7 Commercial (sq. ft.) Industrial (sq. ft.) 21 Page As shown in the table above, the proposed Land Use Amendment will allow for an increase of four (4) residential development units (DUs). (It should also be noted, as stated above, that the property is already developed with the maximum allowable DUs (seven), so no actual increase in solid waste is anticipated.) As required by the SSA application process, we are requesting a letter from Okeechobee Landfill, Inc. confirming the adequacy of existing or planned solid waste facilities to support the proposed FW designation of Multi -Family Residential. Kindly provide the letter to my attention. If you have any questions, or require any further information, please do not hesitate to contact me at your convenience. Thank you in advance for your assistance. Sincerely, Sumner Engineering & Consulting, Inc. Jeffrey M. Sumner, PE President LOCATION MAP Sumner Engineering & Consulting, Inc. Agriculture, Civil, Land & Water Resources 393 SW 67th Drive Okeechobee, FL 34974 863.634.9474 Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Agueda Benitez Petition No.: 17 -004 -SSA (401 SW 3`I Street) Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Agueda Benitez Petition No. 17 -004 -SSA General Information Owner Applicant Applicant Phone Number Site Address Contact Person Contact Phone Number Contact Email Address Ana Trujillo & Agueda Benitez 1349 Davis Street Sugar Hill, GA 30518-4873 Agueda Benitez 401 SW 3rd Street Okeechobee, FL 34974 863-484-4459 401 SW 3rd Street Jeffrey M. Sumner, PE 863-634-9474 jeff@sumnerengineering.com Legal Descri • tion of Sub'ect Pro • e Parcel Identification Numbers: 3-15-37-35-0010-01810-0010 Legal Description: LOTS 3 THROUGH 6, BLOCK 181, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD, IF ANY 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 a rectangular parcel encompassing 28,357 square feet of land, or about 0.65 acre. The property is designated Single - Family Residential on the FLUM but has long been zoned RMF, Residential Multiple Family. When there is a conflict between the Future Land Use and Zoning designations, the former supersedes the latter. The property owner proposes to change the Future Land Use designation of this property to Multi -family Residential, thereby eliminating the conflict between the Zoning Map and FLUM. The property is currently being used as a residential migrant housing facility, which is allowed as a special exception in the RMF Zoning District. The migrant facility has been permitted by the State and has been operating for a number of years; but was never approved as a Special Exception by the City. LaRuc p#arini'n:g 1 Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17 -004 -SSA The owner's intent is to legitimize the use by the combination of this amendment to Future Land Use Map and a subsequent request for approval of a Special Exception for a residential migrant housing facility under Section 90-194 of the Land Development Regulations. 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 5 through 8. Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Existing Single -Family Residential RMF, Residential multiple - family Multi -family residential migrant housing facility; seven units 28,357 sf (0.65 ac.) Proposed Multi -family Residential RMF, Residential multiple - family Multi -family residential migrant housing facility; seven units 28,357 sf (0.65 ac.) Future Land Use, Zoning, and Existing Uses on Surrounding Properties North East South Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Commercial & Multi -family Residential RMF, Residential Multiple -family & CHV, Heavy Commercial Retail store & Multi -family building Multi -family Residential RMF, Residential Multiple -family Single-family home and 1st Baptist Church across SW 4th Avenue Single -Family Residential & Multi -family Residential RMF, Residential Multiple -family Stepping Stones Day Care ^4 Single -Family Residential RMF, Residential Multiple -family 1st Baptist Church General Analysis and Staff Comments 2 Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17 -004 -SSA A Qualification for Amendment Based on the size of the property (0.65 acre) this application qualifies under Chapter 163, F.S. as a Small -Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. B. Current Development Potential The maximum standard density in the Single -Family Residential Future Land Use Category (FLUC) is four single-family units per acre. Five units/acre are allowed if the units qualify as affordable housing. The property is occupied by two multi -family structures — one is a two-story, four - unit building and the other is a single -story triplex. These seven dwelling units represent a density of 10.7 units per acre. All seven units are used for residential migrant housing. The current use is inconsistent with the City's Comprehensive Plan because the Single -Family Residential FLUC does not permit multi -family dwellings or densities more than five units per acre. C. Future Development Potential as Multi -family Residential. The standard maximum density for residential uses in the Multi -family Residential FLUC is 10 units per acre with 11 per acre allowable for affordable housing. The residential density on the subject property is 10.77 units per acre. While this is consistent with the 11 units/ac maximum for affordable housing, it is inconsistent with the density limitation in the RMF Zoning District. The RMF Zoning District limits affordable housing to 10 units per acre unless the housing meets the requirements of §90-77 which allows 11 units per acre for redevelopment of substandard housing, thereby implementing the maximum set forth in the Comprehensive Plan. Comprehensive Plan Anal sis A. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses. Future Land Use Element Policy 2.1b states "Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi -family development shall be 11 units per acre". Housing Policy 1.6 refers to the City enforcing its LDR provisions in providing the density bonus. §90-77 of the LDRs allows the maximum 11 units per acre only for substandard units that are "cleared and renewed". Therefore, if the change is approved, the property's compatibility with the Comp Plan will be improved in that the type of structure (i.e., multi -family) will be consistent with the Comp Plan. However, the property will remain nonconforming to the density limitation unless the units are determined to be substandard and are replaced. Policy 2.2 recommends that the City protect the use and value of private property LaRue fdRt l=. 3 Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17 -004 -SSA from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The predominant Future Land Use and zoning designations in the immediate vicinity are either Multi -family or Commercial. Multi -family use on the subject property would be compatible with all the existing uses in the immediate vicinity. B. Adequacy of Public Facilities Traffic Impacts With seven multi -family units currently on the property and no ability to increase this number, the proposed change will not result in any traffic increase. Potable Water and Sewer Treatment The continuation of one form or another of seven residential units is unlikely to result in any significant increase in demand for water or sewer. The Applicant has included letters from the Okeechobee Utility Authority indicating that water and sewer service is available and there is adequate capacity to accommodate demand. Solid Waste The continuation of one form or another of seven residential units is unlikely to result in any significant increase in solid waste generation. The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other much more intensive developments and this proposed change in the Future Land Use designation will not generate additional solid waste. C. Environmental lmpacts The site is already developed and has no unique characteristics associated with environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. :11440.4 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Agueda Benitez Petition No. 17 -004 -SSA Recommendation Based on the foregoing analysis, we find the requested Multi -family Residential Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Multi -family Residential on the City's Future Land Use Map. Submitted by: l// Wm. F. Brisson, AICP Planning Consultant November 1, 2017 Planning Board Public Hearing: November 16, 2017 City Council Public Hearing: December 19, 2017 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use, Subject Site & Environs FUTURE LAND USE La K, c 5 Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17 -004 -SSA SUBJECT SITE AND ENVIRONS 11111 RAW 11111111111111111111111111 11111•1111111111111111-411111111MMI Reim s COMPREHENSIVE PLAN LAW USE_ ,1] SINGLE - FAL, >1r al STI - FAMRILY II COMMERCIAL. INDUSTRIAL PUBLIC FACiLJT IES RESIDE%TIAL IAIVED USE 1114 +% • • M1 11.• %M t Mt LAZ,! ptanning 6 Staff Report Applicant's Name: Agueda Benitez Small Scale Comprehensive Plan Amendment Petition No. 17 -004 -SSA ZONING SUBJECT SITE AND ENVIRONS (ZONING III CBD -COMM Bt. S NESS DISTRICT i C!w\ - HEAv'e COmMERCIAL • ELT - LiG4T COMMERC IAL CPO- COMM PROFESSIONAL O Pr Z E !AO - `NDuS?RtAL PIA - PUBUC FACILITIES PLO -pa niED . RIO RESIDENTIAL MULTIFAMILY PV0* - PES OENTIAL. WOOLF. F. !4OLNE: PSF• - PESiDEN TIAL SINGLE FAKt 1., R^sF`<-PEz4DEN TIALSINGLE FAN 1:!Iii, LaKur planning 7 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Agueda Benitez Petition No. 17 -004 -SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS LaKuc ptanning 8 Exhibit' 3 AGENDA OCTOBER/2017 - REGULAR MEETING - PAGE 2 OF 9 COUNCIL ACTION - DISCUSSION - VOTE V. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Present a Five -Year Service Award to Cody Rodriguez, Public Works Maintenance Operator. ITEM ADDED TO AGENDA: B. Acceptance of ballistic shields from Palm Beach County Sheriff's Office - City Administrator. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the September 25, 2017, Special Meeting and the October 3, 2017, Regular Meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the September 2017 Warrant Register: General Fund $482,828.92 Public Facilities Improvement Fund $ 33,813.88 Other Grants Fund (Community Development Block Grant -Economic) $ 57,481.10 Capital Improvement Projects Fund $ 54,585.99 Law Enforcement Special Fund $ 75.00 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1160 by title only, extending the moratorium on medical marijuana businesses for 180 days - City Administrator (Exhibit 1). b) Vote on motion to read by title only. On behalf of the City, Mayor Watford and Public Works Director Allen presented Mr. Cody Rodriguez, who was accompanied by his wife Andrea and daughters, Aria and Alleigha, with an engraved cross pen and a framed certificate which read, "In recognition of your 5 -years of service, hard work, and dedication to the City, its citizens, and your fellow employees from October 5, 2012 to October 5, 2017." Distributed at the meeting was a copy of a Donation Agreement between Palm Beach County Sheriff Ric L. Bradshaw and the City Police Department for the acceptance of two Protech Ballistic Shields. Administrator MontesDeOca contacted the Palm Beach Sheriffs Department and was able to acquire the donation of these times. A letter will be sent to Sheriff Bradshaw expressing the City's gratitude. Consideration for approving the minutes was withdrawn from the agenda. Council Member O'Connor moved to approve the September, 2017 Warrant Register in the amounts: General Fund, four hundred eighty-two thousand, eight hundred twenty-eight dollars and ninety-two cents ($482,828.92); Public Facilities Improvement Fund, thirty-three thousand, eight hundred thirteen dollars and eighty-eight cents ($33,813.88); Other Grants Fund (Community Development Block -Economic Account), fifty-seven thousand, four hundred eighty-one dollars and ten cents ($57,481.10); Capital Improvement Projects Fund, fifty-four thousand, five hundred eighty-five dollars and ninety-nine cents ($54,585.99); and Law Enforcement Special Fund, seventy-five dollars and zero cents ($75.00); seconded by Council Member Ritter. There was no discussion on this item. VOTE: WATFORD — YEA O'CONNOR — YEA CHANDLER—YEA CLARK—YEA RITTER—YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. Council Member Chandler moved to read proposed (Emergency) Ordinance No. 1160 by title only, extending the moratorium on medical marijuana businesses for 180 days; seconded by Council Member Clark. VOTE: WATFORD — YEA O'CONNOR — YEA CHANDLER—YEA CLARK—YEA RITTER—YEA MOTION CARRIED. OCTOBER 3, 2017 - REGULAR MEETING - PAGE 3 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING CONTINUED A.1.c) City Attorney to read proposed Ordinance No. 1160 by title only. Attorney Cook read proposed Ordinance No. 1160 by title only as follows: "AN EMERGENCY ORDINANCE ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, ENACTING A MEDICAL MARIJUANA MORATORIUM, AND AMENDED BY ORDINANCE NO. 1153 EXTENDING DATE OF MORATORIUM; PROVIDING FOR AN EXTENSION OF 180 DAYS; PROVIDING FOR A SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." I2.a) Motion to adopt proposed Ordinance No. 1160. Motion and second by Council Members Clark and Chandler to adopt proposed Emergency Ordinance No. 1160. b) Public discussion and comments. Mayor Watford asked whether there were any questions or comments from the public. There were none. Attorney Cook explained, the Ordinance had to be done on an emergency basis as there was not sufficient time to conduct two readings prior to the expiration of the moratorium. From here, the City Council needs to instruct him to draft an Ordinance prohibiting these businesses or placing it on the Planning Board agenda to obtain a recommendation from them to amend the Land Development Regulations (LDR's). Based on State requirements, the permitted and special exception uses have to be considered the same as the City currently regulates pharmacies. Council Members Chandler, Ritter, and Clark noted in agreement to proceed with an amendment to the Land Development Regulations to allow medical marijuana businesses within the City. Although both Council Members Ritter and Clark noted they would have rather the State Legislation require a certified pharmacist be required to dispense the product. Council Member O'Connor objected to these businesses being permitted. Mayor Watford also noted his concern with allowing these types of businesses, stating he understood the arguments, that the voters approved this, and that it can be beneficial for some people. However, he disagreed with the way the State Legislation handled the matter and it is obvious that the ground floor is being laid for recreational marijuana use to eventually be adopted. There being no further discussion, Mayor Watford reiterated, the motion on the floor is to adopted proposed Emergency Ordinance No. 1160 which will extend the moratorium and give Attorney Cook sufficient time to present LDR text amendments to the Planning Board and obtain a recommendation on establishing which zoning districts the medical marijuana dispensaries will be permitted. The text amendment will then come before the City Council for first reading and final adoption. c) Vote on motion. VOTE: ) WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. CLOSE PUBLIC HEARING - MAYOR MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:24 P.M. August 9, 2017 MEMO Marijuana moratorium I attach a short memo as to the status of regulation of medical marijuana in Florida; as you are aware, the county commission has the item on its agenda for August 10. Our moratorium expires the e AG(' middle-of—September, so we need to make that an agenda item for�the-Septerni —m r-Seetifig. Our first e consideration should be, is the city interested in totally banning dispensing facilities within the City, which is permitted in the legislation. If we do not do so, we cannot limit the number of dispensing facilities, or regulate them any stricter than we currently regulate pharmacies. In reality, the total number of facilities will be regulated by the state in regions they have established. We are located in the Southwest region, which includes Charlotte, Collier, DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee, and Sarasota counties, so, it is unlikely the companies will be too interested in locating in the smaller counties, but certainly it is possible. If you want to review the entire statute, I can provide a copy, or look it up on line at ch.381.986, a 31 page document. JCook City Attorney ADDENDUM TO 2017 LEGISLATIVE UPDATE Florida Municipal Attorneys Association Seminar Rebecca O'Hara, Assistant General Counsel, Florida League of Cities Implementation of Medical Marijuana Constitutional Amendment, s. 29, Article X, Florida Constitution SB 8-A (Bradley) Chapter 2017-232, Laws of Florida The "Compassionate Medical Cannabis Act of 2014" ("Act") authorized the use of low - THC cannabis for patients suffering from cancer or a condition that chronically produces seizures or severe and persistent muscle spasms. The Act directed the Florida Department of Health ("DOH") to approve "Dispensing Organizations" to cultivate, produce and dispense low -THC cannabis to qualifying patients. In addition, the Act directed DOH to create an electronic "compassionate use registry" for the registration and verification of physicians and patients. The DOH established processes and criteria for the approval of Dispensing Organizations. Five Dispensing Organizations were approved. The "Right to Try Act" was adopted in 2016. It included high -THC products within the list of treatments for patients with terminal illness. In November 2016, Florida voters approved Amendment 2, which legalizes medical marijuana for individuals with specific debilitating diseases or conditions, as determined by a licensed Florida physician. SB8-A, passed in special legislative session in June 2017, purports to implement Amendment 2. The bill: • Exempts the sale of marijuana and marijuana delivery devices from the sales tax. • Authorizes DOH to promulgate emergency rules necessary for implementation. • Changes the name of the Compassionate Use Registry to the Medical Marijuana Use Registry and requires DOH to issue ID cards to patients and caregivers. The online registry is used for physicians, patients, and MMTCs to verify authorization of patient or caregiver. It must be accessible by practitioners licensed to prescribe prescription drugs to determine potential drug interactions. • Establishes qualifications and requirements for physicians, inciuding issuance of certifications to qualifying patients: o Physical examination; o Determination that patient has a qualifying condition; o Determination that benefits of marijuana use outweigh health risks; o Specifying length of time marijuana use is recommended for patient; o Re-evaluate patients at least every 30 weeks; o May not issue certification for more than three 70 -day supply limits of marijuana (DOH to quantify by rule the dosage used to determine the amount needed for a 70 -day supply). • Establishes qualifications and requirements for caregivers. • Establishes qualifications for patients. Qualifying medical conditions for patients include: cancer; epilepsy; glaucoma; HIV; AIDS; PTSD; ALS; Crohn's disease; Parkinson's disease; Multiple sclerosis; Terminal conditions; Chronic nonmalignant pain; or medical conditions of the same kind or class, or comparable to the enumerated conditions. o Form — smoking remains prohibited o Use — prohibited on forms of public transportation and in any public place, or grounds of any preschool, primary or secondary school o Qualifying patients must be Florida resident or a seasonal Florida resident (defined in bill and determined by DOH) • Employers: o Employers are not required to accommodate the use of medical marijuana in the workplace and are not required to permit any employees to work while under the influence of marijuana. o Does not limit drug free workplace policies. o The bill specifies that it does not create a cause of action for wrongful discharge or discrimination. o The bill specifies that marijuana is not a reimbursable expense under Florida's Worker Compensation law. • Establishes requirements for Medical Marijuana Treatment Centers ("MMTCs"): o Grandfathers existing Dispensing Organizations as MMTCs. o By October 3, 2017, DOH must license 10 applicants that meet licensing requirements. o An additional 4 MMTCs will be licensed within 6 months of the registry reaching 100,000 patients. Four additional MMTCs will be licensed within 6 months of each additional 100,000 patients on the registry. o Requires use of product tracking technology ("Seed-to-sale"). o Future MMTCs must be capable of cultivating, processing, transporting and dispensing ("vertical integration"). o Ownership of MMTC may be transferred to another entity that otherwise meets the criteria required to possess a license. • Establishes requirements for MMTC dispensing facilities: o May not establish or operate more than 25 dispensing facilities unless the registry reaches more than 100,000 patients. At that time, the maximum number of dispensing facilities per MMTC increases by 5 (and will increase again by 5 each time the registry reaches an additional 100,000 patients). o Divides the state into regions for allocating dispensing facilities. DOH is required to determine the number of dispensing facilities per region based on a function of population and an MMTC's total number of statewide dispensing facilities. o An MMTC may sell dispensing slots to another MMTC under limited conditions. • Establishes requirements for packaging, labeling, advertising and signage: o Packaging must clearly identify the name of the MMTC, batch and harvest number, name of patient, name of certifying physician, product name, dosage, and include a patient insert. o Edible forms must be individually sealed in opaque wrapping marked to indicate contents, and must contain a list of ingredients and a prominent warning to keep away from children. o Specifies information that MMTCs must disclose on their websites, including information on form, strain, and strength of products, and prices of product and delivery devices. o Prohibits advertising that is visible from a public space except for a sign with the MMTC's trade name and other limited information (DOH approved). o Internet advertising is permitted with approval from DOH. • Preempts the regulation of the cultivation and processing of medical marijuana to the state (Pages 50-51 of the bill). o An MMTC cultivating or processing facility may not be located within 500 feet of a public or private elementary, middle or secondary school. o A dispensing facility may not be located within 500 feet of a public or private elementary, middle or secondary school unless the applicable local government determines the location promotes the public health, safety, and general welfare. • Allows local governments to ban dispensing facilities (Pages 50-51 of the bill). • If a local government does not ban dispensing facilities, it may not place any restrictions on the number of facilities allowed and may not adopt any regulations or fees for facilities that are more stringent than its regulations applicable to pharmacies. A local government may require that facilities comply with the Florida Building Code and the Florida Fire Code. (Pages 50-51 of the bill) • Dispensing facility locations approved by a local government pursuant to s. 381.986(8)(b), F.S. (2016), are not subject to the location requirements of this subsection.