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2007-06-05 Regular Meeting
1 I. CALL TO ORDER - Mayor: June 5, 2007 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Jim Hudson, His House Fellowship; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. CITY OF OKEECHOBEE DUNE 59 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the June 5, 2007 Regular City Council Meeting to order at 6:00 p.m. In the absence of Reverend Hudson, the invocation was offered by Council Member Watford; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present (left Chambers at 8:25 p.m.) Present Present Present Present Present Present Present 781 PAGE 1 OF 17 A. Motion to dispense with the reading and approve the Summary of Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for Council Action for the May 15, 2007 regular meeting. the May 15, 2007 Regular Meeting, seconded by Council Member C. Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. DUNE 5, 2007 - REGULAR MEETING - PAGE 2 OF 17 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only, proposed Ordinance No. 981 regarding Small Scale Comprehensive Plan Future Land Use Map Amendment No. 07-005-SSA, submitted by Steven Dobbs/InSite Development, changing Blocks 11, 12, 21, and 22, City of Okeechobee, from Single Family (SF) to Multi -Family (MF) - City Planning Consultant (Exhibit 1). Planning Staff and Planning Board are recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 981 by title only 2. a) Motion to adopt Ordinance No. 981. b) Public comments and discussion. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. Council Member Watford moved to read by title only, proposed Ordinance No. 981 regarding Small Scale Comprehensive Plan Future Land Use Map Amendment No. 07-005-SSA, submitted by Steven Dobbs/InSite Development, changing Blocks 11,12, 21, and 22, City of Okeechobee, from Single Family (SF) to Multi -Family (MF); seconded by Council Member L. Williams. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 981 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OFOKEECHOBEECOMPREHENSIVE PLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MUL TI-FAMIL Y (MF), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 981; seconded by Council Member L. Williams. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 005-SSA submitted by Mr. Steven Dobbs, of Rudd Jones, P.E. and Associates, as the project engineer, on behalf of the property owner, InSite Development, for vacant property located between Northwest 5" and 71h Avenues and Northwest 11"and 13'" Streets. The request is to change the land use designation from SF to MF. The Planning Board reviewed the application at their May 17, 2007 meeting and voted unanimously to find the application consistent with the Comprehensive Plan, therefore recommending approval to the City Council. DUNE 5, 2007 - REGULAR MEETING - PAGE 3 of 17783 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. City Planning Consultant, Mr. Bill Brisson (of LaRue Planning and Management Services) briefly reviewed the Planning Staff Report recommending approval based on the following findings: A. Consistency with the Land Use Categories and Plan Policies. The applicant is requesting to amend the Future Land Use Map from SF to MF. As prescribed by the Comprehensive Plan, specifically Policy 2.1(b), permitted uses in the MF Residential Future Land Use category include apartments, duplexes, condos, single family houses and public facilities. The maximum density is 10 units per acre. Thus, using the maximum density and the minimum lot requirements in the Land Development Code, the applicant could develop these Blocks with approximately 113 units. Based on the application, the proposed use of MF development is consistent with the MF Future Land Use category as described in the Comprehensive Plan. MF dwelling units are the predominant land use in areas within this category. However, it is less clear that all of the Comprehensive Plan Policies are being met with this request. This is shown later in such areas as Infrastructure Level of Service (Roads) and Parks and Open Space. B. Concurrency of Adequate Public Facilities. According to the U.S. Census, the City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of this property could generate approximately 305 additional residents (2.7 pph x 113 d/u). Roadways. The City's adopted level of service standard (LOSS) for local roads is LOS D. The subject property will be serviced by local roads. Potable Water: The adopted LOSS for potable water is 114 gpcpd. The impact for the proposed development is as follows: 113 units x 2.7 pph x 114 gpcpd = 34,781 gpd. Sanitary Sewer. The adopted LOSS for sanitary sewer is 130 gpcpd. The impact for the proposed development is as follows: 113 units x 2.7 pph x 130 gpcpd = 39,663 gpd. Solid Waste. The adopted LOSS for solid waste is 13 Ibs/person/day. The impacts for the proposed development is as follows: 113 units x 2.7 pph x 13 Ibs/person/day = 3,966 ppd. The Applicant has stated that representatives of the County Solid Waste Facility provided confirmation that the landfill had a life of 50 years. But, the applicant's analysis uses the adopted LOSS from Okeechobee County not the City's LOSS. This analysis should be completed and a letter from Waste Management or the County should be provided to the City confirming the landfills ability to serve the proposed development. Drainage. The proposed development will be required to meet all standards required by the City and the South Florida Water Management District. Parks & Recreation. The adopted LOSS for parks and recreation is 3 acres/1,000 persons. Based on the estimated population, the minimum acreage requirement for parks and recreation would be approximately 0.915 acres. The applicant has stated that this would be met by on -site facilities and provision of fair share contribution. However, upon review of the applicant's proposed site plan, no such facilities have been provided. There has also been no mention of a fair -share contribution by the applicant. 784 DUNE 5, 2007 - REGULAR MEETING - PAGE 4 OF 17 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. C. Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impact,, on the surrounding property as nearby properties are: Future Land Use to the North is SF, to the South is a mix of MF and PF, to the East is MF and to the West is SF. The zoning to the North is RSF-1, to the South is RMF and PUB, to the East is RMF and to the West is H. The existing land uses to the North are single family residences, the South is vacant and FDOT property, to the East is vacant and owned by applicant and to the West are single family residences. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives, and Policies (as they are intended) would allow for an Amendment to the Future Land Use Map to MF. This proposed Multi -Family development would be consistent with the uses allowed. Planning Staff Analysis and Conclusion: The existing Comprehensive Plan Goals, Objectives, and Policies will support MF uses at this location if proper infrastructure planning are concurrent with this requested change. However, there are discrepancies within the Comprehensive Plan Policy Impact Analysis which must be addressed more clearly before a positive recommendation for this Future Land Use change can be granted: 1. Traffic Analysis: While the traffic analysis has just been resubmitted, it must be reviewed to ascertain whether prior Staff Transportation comments have been addressed. The overall analysis addressed 25 acres and 250 dwelling units. The analysis must be able to distinguish how this proposed change flows with the prior Future Land Use change and future development to the East. 2. Pertaining to the Conservation Element, the applicant states that the conversion to a MF Land Use Designation will allow development that will be more sensitive to the natural systems of the area. Further, in the "Analysis of primary indicators" section of the application, the applicant states that adequate site design techniques will be employed to protect and conserve natural systems such as wetlands, native vegetation, etc. The applicant further states in a subsequent section on "Natural Resource Protection" that there are no wetlands or areas of native vegetation, but that a full environmental assessment will be conducted of the entire property as part of any future development application. The applicant has already submitted preliminary development plans for the first phase involving Blocks 4,13 and 20 of its project, which plans also included the development layout for the property involved in this application. The applicant has not as yet submitted any environmental assessment for any of the properties, and neither the site plans nor the associated text refers to techniques intended to protect and conserve the natural areas or system. So far, all site plan submissions have been designed only to maximize density on the properties. DUNE 5, 2007 - REGULAR MEETING - PAGE 5 OF 17785 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. 3. Recreation Element: The applicant makes reference to objectives in the Okeechobee County Comprehensive Plan, not those of the City. However, the applicant does state that, `The proposed project can easily accommodate the recreation needs of its anticipated population through the provision of on -site facilities." However, preliminary site plans for the project, including both Phase I and Phase II show no on -site recreational facilities. In a subsequent section of the submittal under the heading `Parks and Recreation' the applicant notes that "The project will be designed to provide residents with a varietyof recreational facilities and open space to ensure the community's quality of life." So far, no plans submitted by the applicant show such facilities. This section goes on to identify that based on 130 units and a population of 2.5 per unit, the estimated population of 325 people would require at least 0.975 acres for recreation and open space. The applicant further states that this park and open space mandates will be met through on -site facilities and provisions of fair -share contribution. No such facilities have been shown on the most recently submitted plans and there has been no mention of a fair -share contribution by the Applicant. The estimate of 130 units is also inconsistent with the number of units cited in the section entitled `Maximum Allowable Development', which indicates a possible maximum of just 113 units. 4. Pertaining to the applicant's section `Discouraging Urban Sprawl': Applicants' response to primary indicators of Urban Sprawl #13: The proposed change will not result in the loss of significant amounts of functional open space, 'With the conversion to a Multi -Family Residential Future Land Use, the proposed land use will provide significant amounts of functional open space that will be planned for active and passive recreation by residents of the new community and others." The most recent plans submitted by the applicant show no evidence or provision of on -site recreational facilities. In light of the above discrepancies, Mr. Brisson stated that Planning Staff recommends approval, but suggests the entire project, Phase I and Phase II, be tied together under a Unity of Title which will ensure that the lands of both phases will always be retained under common ownership for recreational, retention and common areas. This is to prevent development of those designated areas should there be a change in pwnership. This will be stipulated in the documents for the Homeowners Association at site plan review. Mayor Kirk then opened the floor for discussion between the Council and Staff. Council Member Watford asked for clarification, will the 0.84 acre parcel, located on the South side of Northwest 111" Street, be dedicated to the City for a recreational area, and what will happen should the City not accept it? Mr. Brisson answered the developer will be dedicating the area for a park, or as open space, either the City can accept it or the Home Owners Association will manage it. Again this is a matter to be reviewed during site plan review as documents will be submitted at that time outlining the responsibility of the Homeowners Association. wir e-M Molus DUNE 5, 2007 - REGULAR MEETING - PAGE 6 OF 17 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No. 982 regarding Small Scale Comprehensive Plan Future Land Use Map Amendment No. 07-006-SSA, submitted by Muhammad Noorudin/A.M.S.A. Holdings, LLC, changing Lots 3 - 6 of Block 78, City of Okeechobee, from Single Family (SF) to Commercial (C) - City Planning Consultant (Exhibit 2). Planning Staff and Planning Board are recommending approval. b) Vote on motion to read by title only. The Council discussed who will be responsible for the maintenance of the retention areas and parks? Mr. Dobbs answered that the Homeowners Association will be responsible for maintaining public/open areas or parks including the lake (retention area), and also stated that South Florida Water Management District requires a maintenance easement around the lake. Mayor Kirk noted that City or Planning Staff needs to ensure the Homeowners Association responsibilities are reviewed closely and addressed appropriately. Mr. Brisson assured the Council that it will be taken care of during site plan review by the Technical Review Committee. Council Members Watford and Markham questioned the density. The issue of density was discussed at length during Phase I rezonings and land use changes and the alley closings. They are proposing 42 units per Block to meet LDR requirements for MF? Mr. Brisson replied that the plans are actually 48 units per Block meeting the density requirements for MF. This is a reduction from the original plan of 56 units per Block. Mayor Kirk then asked whether there were any questions or comments from the public. There were none. A rezoning petition will be forthcoming for the same property, as the current zoning designation is Residential Single Family -One. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 982 regarding Small Scale Comprehensive Plan Future Land Use Map Amendment No. 07-006-SSA, submitted by Muhammad Noorudin/A.M.S.A. Holdings, LLC, changing Lots 3 to 6 of Block 78, City of Okeechobee, from Single Family (SF) to Commercial (C); seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. DUNE 5, 2007 - REGULAR MEETING - PAGE 7 OF 17787 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. c) City Attorney to read proposed Ordinance No. 982 by title only. Attorney Cook read proposed Ordinance No. 982 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." B. 2. a) Motion to adopt Ordinance No. 982. 111 Council Member Markham moved to adopt proposed Ordinance No. 982; seconded by Council Member L. Williams. b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 006-SSA submitted by Muhammad Nooruddin, on behalf of property owners, A.M.S.A. Holdings, LLC, for property' located at 608 Northeast 2"d Avenue. The request is to change the land use designation on Lots 3 to 6 of Block 78, City of Okeechobe, from SF to C. The Planning Board reviewed the application at their May 17, 2007 meeting and voted unanimously to find the application consistent with the Comprehensive Plan, therefore recommending approval to the City Council. This application is related to Rezoning Petition No. 07-004-R requesting Commercial Professional Office Zoning District for the same property. The change in the maps would cause the property to be consistent for development. Planning Consultant Brisson briefly reviewed the Planning Staff Report recommending approval based 11 on the following findings: A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. B. Concurrency of Adequate Public Facilities. The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. C. Compatibility with Adjacent and Nearby Land Uses. The requested Future Land Use designation will be compatible with adjacent land use categories. The Future Land Use to the North is IND, to the East and West is C and the South is a mix of C and SF. The zoning to the North is IND, to the South is CPO and RSF-1, to the East is CPO and the West is CHV. The existing land use to the North is vehicle sales and open storage (Johns Towing), the South is vacant and residences, the East and West were noted as churches (see last paragraph for correction). The proposed use will be consistent as the neighborhood has been slowly transition ing to incorporate light commercial uses as evidenced by recent land use and zoning changes to the east and south of the subject property. When approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. DUNE 5, 2007 - REGULAR MEETING - PAGE 8 OF 17 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion. c) Vote on motion. C.1. a) Motion to read by title only, proposed Ordinance No. 985 regarding Impact Fees - City Attorney (Exhibit 3) Planning Staff and Planning Board are recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 985 by title only 2. a) Motion to adopt Ordinance No. 985. D. Compliance with Specific Standards of the Plan. The proposed Future Land Use Map Amendment is in compliance with the specific standards of the Comprehensive Plan. Mayor Kirk then opened the floor for discussion between the Council and Staff. There was a brief discussion regarding what churches were located within the area as noted on the Planning Staff Report. It was clarified that it was not a church to the East but the offices for Big Lake Baptist Association. The property to the West is not a church but a warehouse/office for P&H Mobile Hauling Services. Mayor Kirk then asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 985 regarding Impact Fees; seconded by Council Member L. Williams. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 985 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, CREATING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR FINDINGS AND DECLARATIONS; PROVIDING FOR THE IMPOSITION OF PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES IMPACT FEES, PROVIDING FOR EXEMPTIONS, PROVIDING FOR THE ACCOUNTING AND USE OF FUNDS; PROVIDING IMPACT FEE SCHEDULES; PROVIDING FOR REVIEW AND REVISION, PROVIDING FOR CONSTRUCTION OR DONATION OF PROPERTY IN LIEU OF IMPACT FEE PAYMENTS; PROVIDING FOR REFUNDS, PROVIDING FOR APPEALS; SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 985; seconded by Council Member C. Williams. Mr. LaRue submitted to the Planning Board a memorandum verifying the impact fee ordinance's consistency with the Comprehensive Plan. Noting that the subject matter is addressed in Objective 3 of the Capital Improvements Element, which states: "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." DUNE 5, 2007 - REGULAR MEETING - PAGE 9 OF 17789 1 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued. c) Vote on motion. The ordinance basically implements the concept that new development will create infrastructure needs and therefore should contribute to the revenue side of the equation via impact fees. The Planning Board reviewed the proposed impact fee ordinance at the May 17, 2007 meeting and voted unanimously to find it consistent with the Comprehensive Plan, therefore recommending approval to the City Council. Mr. Walter H. Keller, Consulting Engineer and Planner and Mr. Tom Wright, Attorney, were present to address questions or concerns the Council may have. Mr. Keller stated that no revisions have been made since the first reading on May 15, 2007. Council Member Watford again asked, was this ordinance defendable? Attorney Wright answered yes. The ordinance reads that updates need to be made every three years. The consultant report reads it needs to be updated every three to five years. Council Member Watford asked whether the updates could be completed by City Staff or would hiring a consultant be necessary? Mr. Keller answered that unless the changes are minor, a consultant would be recommended. Regarding the time frame to review and update the ordinance was discussed further. The maximum time frame for updates would be five years, but any time within reason would be sufficient. Council Member Watford moved to amend Ordinance No. 985, Section 71-7(1) to read: The City shall review the City of Okeechobee Impact Fee Studies at least once everx five years and the City shall revise this chapter as necessary; seconded by Council Member Markham. VOTE TO AMEND KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED TO AMEND. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Administrator Whitehall remarked that the ordinance will be effective 91 days from adoption which will be September 3, 2007. VOTE AS AMENDED KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED AS AMENDED. CLOSE PUBLIC HEARING. III MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:35 P.M. 790 DUNE 5, 2007 - REGULAR MEETING - PAGE 10 OF 17 VII. NEW BUSINESS. A.1. a) Motion to read by title only, and set July 3, 2007 as the final public Council Member Watford moved to read by title only, and set July 3, 2007 as the final public hearing date for proposed hearing date for proposed Ordinance No. 986 regarding Rezoning Ordinance No. 986 regarding Rezoning PetitionNo. 07-004-R, submitted by Muhammad Noorudin/A.M.S.A. Holdings, Petition No. 07-004-R, submitted by Muhammad Noorudin/A.M.S.A. LLC, changing Lots 3 to 6 of Block 78, City of Okeechobee, from Residential Single Family -One (RSF-1) to Holdings, LLC, changing Lots 3 - 6 of Block 78, City of Okeechobee, Commercial Professional Office (CPO); seconded by Council Member C. Williams. from RSF-1 to CPO - City Planning Consultant (Exhibit 4). Planning Staff and Planning Board are recommending approval. VOTE b) Vote on motion to read by title only. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 986 by title only. Attorney Cook read proposed Ordinance No. 986 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMIL Y-ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE(CPO)ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 986. Council Member Markham moved to approve the first reading of proposed Ordinance No. 986; seconded by Council Member L. Williams. b) Discussion. This ordinance amends the zoning designation on Lots 3 to 6 of Block 78, City of Okeechobee from RSF-1 to CPO. The property is located at 608 Northeast 2"d Avenue. The petition was submitted by Muhammad Nooruddin on behalf of property owner, A.M.S.A. Holdings, LLC. There were 24 notices sent to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the application at their May 17, 2007 meeting and voted unanimously to find the petition consistent with the Comprehensive Plan, therefore recommending approval to the City Council. This application is related to Comprehensive Plan Future Land Use Map Amendment Application No. 07-006-SSA, approved previously during this meeting. Mr. Brisson briefly reviewed the Planning Staff Report recommending approval based on the following followings: 1. The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified a, Commercial on the Future Land Use Map. Additionally, the requested zoning change to CPO would be mos compatible with this specific neighborhood as there are already properties on this block with the same zoning an( being used in a similar way. Fj DUNE 5, 2007 - REGULAR MEETING - PAGE 11 OF 17791 VII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. 2. The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The use being proposed is a home health office, is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. The Future Land Use to the North is IND, to the East and West is C and the South is a mix of C and SF. The zoning to the North is IND, to the South is CPO and RSF-1, to the East is CPO and the West is CHV. The existing land use to the North is vehicle sales and open storage (Johns Towing), the South is vacant and residences, the East is Big Lake Baptist Association Offices and the West is a warehouse/office for P&H Mobile Hauling Services. 5. The proposed rezoning to CPO will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 7. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change to CPO will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There being no additional discussion following the Planning Staff Report presentation, the vote was as follows: KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 792 DUNE 5, 2007 - REGULAR MEETING - PAGE 12 OF 17 VII. NEW BUSINESS CONTINUED. B.1. a) Motion to read by title only, and set July 3, 2007 as the final public hearing date for proposed Ordinance No. 989 regarding Planned Unit Development (PUD) Regulations - City Planning Consultant (Exhibit 5). Planning Staff and Planning Board are recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 989 by title only Council Member Watford moved to read by title only, and set July 3, 2007 as the final public hearing date for proposed Ordinance No. 989 regarding Planned Unit Development (PUD) Regulations; seconded by Council Member L. Williams. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 989 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 90-401 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-402 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-403 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-404 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-406 OF THE LAND DEVELOPMENT REGULATIONS, AND SECTIONS 90-407 TO 90-440 OF THE LAND DEVELOPMENT REGULATIONS, REVISING THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT AND ADDING DIVISION 13 FOR THE RESIDENTIAL PLANNED UNIT' DEVELOPMENT (PUD-R) DISTRICT; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 989. ill Council Member L. Williams moved to approve the first reading of proposed Ordinance No. 989; seconded by Council Member Watford. b) Discussion. Following several meetings to review proposed language that amends the Planned Unit Development Zoning District, the Planning Board reviewed the final draft at their May 17, 2007 meeting and voted unanimously to recommend approval to the City Council. Mr. Bill Brisson briefly reviewed two major areas of change. The first involves refinement of the current PUD regulations, which is now proposed to be called the Mixed -Use PUD. This PUD is located under Division 12 and the changes to this section are primarily to ensure that the Mixed -Use PUD is in conformance with the City's large scale comprehensive plan amendment to add a mixed use land use category, and which amendment is in the process of the compliance review. The second major change, and the primary basis for amending the City's PUD regulations, is to add an entirely new PUD district. This is the PUD-R district which allows only residential use, accessory uses and recreational, public and semipublic uses. DUNE 5, 2007 - REGULAR MEETING - PAGE 13 OF 17793 VII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. The following briefly describes the substantive additions and changes to the current regulation to accommodate the new district. These regulations are contained in Division 13, and are summarized below: 1. The current regulations do not provide a clear statement of the purpose of the PUD. A statement of the purpose and intent of the Residential PUD district (PUD-R) is included in Sec. 90-421. 2. In addition to the 5-acre minimum size, a minimum of 100 feet of frontage is required to ensure that there is adequate access to the property from a public roadway [Sec. 90-423(1)]. 3. Density will only be calculated on privately owned property and excludes public streets existing prior to the rezoning to PUD [Sec. 90-423(2)]. 4. A provision has been added limiting the maximum building dimension to 160 feet to avoid single buildings that are out of character or scale with the community [Sec. 90-423(4)]. 5. There will be no individual minimum lot sizes or minimum yards for property within the PUD, but buildings must be separated by a minimum of 12 feet. The proposed minimum separation is less than now currently required when multiple buildings are located on a single parcel [Sec. 90-423(6)]. 6. In order to ensure that residential PUD's are not too crowded and provide for an adequate living environment in conformance with the intent of the PUD district, minimum open space requirements are proposed, with limitations as to how much of the required open space can be in the form of lakes or retention areas [Sec. 90-423(8)]. 7. Improved recreation area required when the PUD includes portions of the development that are likely oriented towards families (based on the number of units with two or more bedrooms) [Sec. 90-423(91,1. 8. General development review standards are included that will be used in evaluating the conceptual plan to determine whether the initial request for a rezoning to the PUD-R district should be approved and in reviewing conceptual and final site plans [Sec. 90-4241. 9. A provision describing the status of an approved PUD and explaining that development may only be undertaken in conformance with the approved conceptual site plan has been added [Sec. 90-4341. 794 DUNE 5, 2007 - REGULAR MEETING - PAGE 14 OF 17 VII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. 10. Application requirements and contents of the application package, and other necessary requirements and conditions are set forth in Sections 90-435 and 90-436. These requirements are similar to those used by Okeechobee County and other local governments throughout the State. 11. The review and approval process for rezoning to either PUD district is described in Section 90-437 and mirrors the process now used in the City. 12. Section 90-438 describes the manner and conditions under which an approved PUD may be amended. In conclusion, Mr. Brisson noted that he met with Attorney Cook since the Planning Board Meeting to discuss certain' issues he had. Planning Staff is in agreement with the proposed changes from the City Attorney. They are: Add specific permitted uses, any clubhouse, common meeting area, recreation area or structure that may be provided as an amenity by the developer. Section 90-424(2), General Development Review Standards. Change language to read as follows: Compatibility and relationship to adjacent property. The approval process of development in PUD-R districts shall take into consideration the existing uses and developments adjacent to the district. The development shall be designed and located so as to avoid incompatibility with adjacent developments. This shall be determined by requiring the applicant/developer to provide documentation that the location, design, final site plan, and PUD-R ordinance, as reviewed at each stage of the approval process in the City, will result in a development that complies with all existing ordinances and regulations, whether local, state or Federal, including but not limited to those that regulate the flow of traffic, drainage, water run-off, and that of public nuisance, noise and vibration as set out in Chapter 30, Code of Ordinances. Mayor Kirk then opened the floor for discussion between the Council and Staff. Various issues regarding the new regulations were discussed at length. It was noted that a new zoning category is being created. Currently there is a PUD zoning district available, but no areas have been rezoned to that district. As reviewed earlier with Mr. Brisson, the language in the proposed ordinance would create two separate PUD categories. One, will be Called Mixed -Use PUD, the other is PUD-Residential. These coordinate with the recently adopted text amendments to the Future Land Use Element of the Comprehensive Plan, where a new land use designation category was created, entitled Residential Mixed -Use. The Council also discussed the fact that they are at a cross road for future development within the City. There are no planned unit developments within the City to date. Prior to an abeyance being adopted that prohibited PUD Rezoning Petitions from being submitted, one was submitted in December 2006 in connection with a large scale Comprehensive Plan Future Land Use Map Amendment (07-Cycle II-001, Lake House). DUNE 5, 2007 - REGULAR MEETING - PAGE 15 OF 17795 VII. NEW BUSINESS CONTINUED. B. 2. b) Discussion continued. The City has been developed over the years with rural type neighborhood concepts, with plenty of area between homes. The PUD's will allow mixtures of commercial and recreational uses together with small lots of multi -family and single family dwelling, all within one area. Council Members Markham and C. Williams adamantly noted they were against zero lot lines and cluster type housing. Council Members Watford and L. Williams noted that while it is a big change for Okeechobee, they questioned, "is now the time?" Several developers have expressed their desire to apply for PUD Districts, with one already being submitted. This is a huge decision. They also noted that while they would not want to live in a subdivision like that, other people do. These types of neighborhoods have been developed in other cities and work for the type of people who want to live close to one another. Our City does not have this type of development and as a City we should have a variety of all types of neighborhoods. There are proposed developments coming into the County that is going to change the face of the County. The City has not done a good job planning for future developments. Perhaps it is now time to look at an "urban service area," as Martin County had to do. The planning needs to be conducted in conjunction with the County so that we are all on the same page. Mayor Kirk stated that he did not like the PUD multi -family neighborhood concepts, such as "row houses." Mr. Brisson asked that those who did not like the multi -family PUD to think about what is it that they do not like most and staff can 11 write regulations to address and control those types of problems or concerns. Council Member C. Williams asked whether underground utilities were to be implemented in PUD districts? Mr. Brisson answered that it could be implemented as an option. Council Member Markham read from the Code Book Section 78-72(b)(1-6) Design Standards. `The following utilities should be placed underground: water supply, wastewater sewer service, telephone service, cable, gas service and electricity supply." Mr. Brisson stated that he would add this to the PUD ordinance referencing the section. City resident, Mr. Frank Altobello and Planning Board Member Mr. Mike O'Connor, voiced their support of adopting the proposed changes to the PUD's. c) Vote on motion. VOTE KIRK - YEA MARKHAM - NO WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. DUNE 5, 2007 - REGULAR MEETING - PAGE 16 OF 17 VII. NEW BUSINESS CONTINUED. C. Consider Preliminary Plat approval for a four -lot subdivision, Central Council Member Watford moved to approve the Preliminary Plat for a four -lot subdivision, Central Park Oak, submitted Park Oak, submitted by Asmussen Engineering on behalf of by Asmussen Engineering on behalf of property owner, RJ Remodeling Enterprises, Inc; seconded by Council Member property owner, RJ Remodeling Enterprises, Inc. - City Planning L. Williams. Consultant (Exhibit 6). This is for a re -platting of an existing subdivision, the East one-half of Lot 20 and all of Lots 21 through 24 of Block D, Central Park. The property consists of 0.7 acres and is located between Southeast 61h Avenue and Southeast 5`h Street. Surrounding property uses are to the North is Multi -Family Dwellings; to the South and East is a Mobile Home Park; and to the West are single family dwellings. Mr. Asmussen, was present to address the Council, explaining that the proposed project is to build affordable single family homes within a Multi -Family Land Use and Zoning district. Council Member Markham remarked that he liked the reduction of density and that it will have its own retention area. Council Member C. Williams stated he would prefer three homes being built on bigger lots rather than four homes being built on smaller lots. He also noted there are no fire hydrants in the area. Fire Chief Smith replied that there are two fire hydrants in the area. However, they are not strategically placed and one hydrant is currently missing. The Okeechobee Utility Authority will be contacted in regards to the missing fire hydrant. Council Member Watford asked what was the procedure to process plats? City Clerk Gamiotea reviewed the process: Pre -application, is submitted to the Technical Review Committee, and as noted in their minutes, they are recommending approval. Step two, is what you have before you, a Preliminary Plat, the City Council has three options, (1) approve preliminary plat by finding it in compliance with applicable regulations, or (2) conditionally approve preliminary plat with minor modifications, or (3) refuse preliminary plat due to lack of compliance with applicable regulations. The third step will be for the developer to submit the Final Plat Application and Construction Plans, which must be submitted within 12 months after approval of the preliminary application, unless the extension is applied for in writing and granted by the City Council. The motion on the floor is to approve the preliminary as submitted. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - NAY L. WILLIAMS - YEA MOTION CARRIED. Note: Council's approval or conditional approval does not constitute acceptance of the final plat, rather, it shall be deemed an expression of acceptance for the layout submitted on the preliminary plat as a guide to the preparation of the final plat and approval of construction plans for required improvements and required supplementary materials. JUNE 5, 2007 - REGULAR MEETING - PAGE 17 OF 17797 1 VII. NEW BUSINESS CONTINUED. D. Consider Administrative Procedures for Reviewing Site Plans - City City Administrator Whitehall remarked that the current site plan review process, according to the City Code states that Planning Consultant (Exhibit 7). the Technical Review Committee recommendation may be reviewed by the Planning Board, and then sent to the City Council with their recommendation (Section 70-152). However, that'has not been the procedure. He is recommending the language be changed to coincide with the current process. The consensus of the Council was to change the language in the Code Book. The matter will be forwarded to the Planning Board for recommendation then back to the City Council for final adoption. There was no official action taken on this matter. Vill. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:31 P.M. The next regularly scheduled meeting is July 3, 2007. y n tames E. Kirk, Mayor ATTEST: / / Lane Gbmiotea, CM¢, City Clerk PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, 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. City Clerk media is for the sole purpose of backup for official records of the Clerk. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper publishe;.; weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013375 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 05/31/2007 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has herePofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 he 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. Jamla�sA. Hughes, Jr., (Publisher)' Sworn to and subscribed before me this day of `, �' A. D. 2007 ---- CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN tha the City Council of the City of Okeechobee will meet in Regular Session ou Tuesday, June 5, 2007, 6:00 p:m: at City Hall. 55 SE 3rd Ave. Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend For a copy of the agenda contact City Adinini,u,t ion at (863) 763-3372 n 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any mmterconsidered at this meeting. such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings n made, which record includes the testimony and evidence uptn which the appeal is nt be haled. City Clerk media are used fbr the stile pugxue of backup for the Clerk's Office. Ill accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing specie acconmwdation to participate in [Ills proceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 n 214: if you ore haanng or voice impaired, call TDD 1-800-222-3448 (voice) or I-888-447-5620 (TTy). hy. Janes E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Publish . 05/310007 okeachobee Times (SEAL) ) Notary Public EiT[]ii+5101i A MYi 8483 Bonded Aii>:n;ic Bonding Co., I'm, The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a _ Mvj 00slug � % 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 paid not promised any person, firth or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swo;i t nd su d before me this d f A.D. 20 Notary Public, State of Florida at Large PUBLIC NOTICE CMMEP iIONOFADOPM p�p�� AKCvITY ORDINANCE on meeaa)T�i rI�0�vm wn alas se°a�terss�°e° Cry SEW Ave., gcsselgbee, R. caldwt a PUBLIC NEARING on and to codeMer titW df Uro Ordita kdo law: N0. 881: AN OM MAINM OF iA CIT�f9 FLd1�A AMENONNI flff Wy OF 011� NONE COMPIIENENSN►E PLAN NDINANCE N0.835 AS AMENDED IY TEVMMN THE FUTURE LJBID BEE IMP ON A CERTANt TRACT OF LAND NI11E PARTlCUL RLY DESCTNBE0 HEREIN FROM SINGLE FAMILY SF TO MULTI- FAMILY�PROVIDYTG FOR NIfdUSNNI OF ORDINANCE AJD pEYIM FU- F1�TISEDAIE MAP IN THE COAMRE ON OF PLAN; PROVIDING FOR AN U The Odom Is repanArq WAS Scale Comprehensive Plan hm Land Use � Ames s) lief Of MSSNpoevy°o7ptOOSS6SrAouspubm by StaisetomW ob tk Fuhn Use desipndion horn S INq a-hmih (S� to M for vacant PtoP enY bceted WOW Nutlhwed SM and 7th Avenues and Northwest 111h and 131h Sleaft $ Li am is Wlso ornate 11.29 acc�re(sj,12, 21 andp 22cfoCKaye of O�kdeechobee The M7 maY% aapecma in M erd % oy rr�lrt�Ders oC8» in in of the CSy Cork dutkq MOW busleecs hours, Mon-Fd, Ban1 4 NowfaAordays. py ssl Itftlis �o'a�y'amasuch Nlbrested pow will need a record of the proee00, a1d for aadi maY need to oleos a vabaSm-Yacuapdonof the nps is made, WN& be besed. �wAhdsapSilvp��p�anpheaDpeal is�; ascwdm�. tot�proc l at 863 763 337 15 Iheadrq oater do r votes) kn ,ggpp 22Z-34 a (voles)a1-SSS-447-5620 (TTY). lalaa.flC' CITY CLERK � CONSTANCf W.............. L. HA CCISM'AR DW�o�o"u Expitres &1412010 FlDeida NoSMYAssn., Vic e A. a un....... ..... ....... H ............ The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a _ "I i www_j� / in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of — f Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secuting this advertisement for publication in the said newspaper. Sworn and su bed before m' e/thhiis Notary Public, State of Florida at Large CANSNAfl. OWING Mu.10.1 .%", ee, a conduct a PUBLIC HEARING on and two" the Ordlnanc�e into law: NO.8S2: AN OR FLORIDII AMENOING THE CITY OF 0M IYE PLAN ROINANCE NO. i35 AS AMENDED, AND USE 11LAP ON A CERTAIN TRACT OF LAUD MO ED HEREON FROM SINGLE FAMILY (SFl TO COAMII FUR OWR�EHENSIYEE PLAN; PI�YIDINION OF ORDINANCE IG FOR RYAIAN EFFECT Ihp Small Scale Comprehensive Plan Future Land Use N W. 07.006-SSA submitted by MWtammad Morud6n r) A.M.S.A. , I.I.C.The request is to change m from Shgle Farrxly (Sq to Commercial (C) for prop tnd Avenue. Lao description: Lots 3 through 6 of fS bdvision and is appprrogmately 0.64 acre(s). nayye nape a In M �yy of ale ark durkhg rapier business hours, Mon-F i, lien--o4e3�0 MOreapect oa r�Y rn►er°eoita�er�G at arson will need a record of the proceedkr0s, and for s am a verbatim record of�prmxedlr Is made, W airy and erldence again hh theppeadl rppaahb propose ofh b=for of�rcapree�cords ofthe OWILk. a�Ntks�neeA .d"%g too snl>«d Lane Gamtrap two no later ttwo (2) wad khp h d 863-763.3372 x215; if hearing or voice impaired, ice) or t-SBB-447-5620 (TTY). ITY CLERK ............. .......:............. CCNSTANCE L. HAWSE �. Commi! DD0563848 Expires 6114/2010 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORJDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a 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 zc 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 a vertisement for publication in the said newspaper. Sworn,t6, d subset�tVd before me this 5X—J�a� Notary Public, State of Florida at Large WNSWBIp710N OF AOOPM AWYOROKOU mW YwW iaa they aasrae and erid to are tape papaw 9M irs, Mai -Fri, no rater than two i; it hWnp or vc M. :.............. ..0.... ........,.........._. CONSTANCE L. HAWSE • srti n"' � Comm# DD0563848 Expires 6/14/2010 a' Florida Notary Assn., Inc �......................................... 1.F The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues Of _ Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not 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. / / PUBLIC NOTICE CONSIOEMTION OF AD7on Of pL AItE Np AsCIITTYY ORDINANC wN P.n% J�e� ffi 8:00 Caged a as the"P : at t rty tleA, 55 SE 3rd Ave., Okeechobee, FL conduct a PUand Sierealterko cartfrol t kq�M§ Ordihanc�17: AN ORDIRANGEOF Tiff PRl OFLORIDIL CITY OF ON�- CROBEE 00MPRENENSDINANCE NO. 695 AS AMENDE"REM oTHE MORE ON A CERTAINS LANDRTN:U0 y DESCRROM SNNILE FAMILY ISFl TO MULTI- FIUMCI_(MF1; PR6:IDINO FON ULU3NNt OF MMANCE AND BMill FU- UINo� MrAP�NInMo a CsNOMScPaRkENEaNNSIVE PLAN:pP�RnOFYuID�INO FOR ANFMM Ef• ))c�atlbn Ntf D7-008-W M Ykti d AaroeM I� P hornern Single FamI SF) to Mt Fartily (MF)Whapelle. The requast is to c for�vacanL unpletted Prof the RAUM Law Use sty ocatedd813Soulhwest2nd SUaet andis*aeppro;adrnaftety 1.31 acre(s). TheBp��trarlaik�e uMi As erery alutici a in�� h 1M of She City Cleric *ft regular business hours, Mon -Fri, ehaxhptlandldays. ld by the Gay ca�int�hE r aWn i�deespect oCa�i °y m�tea k at hearing, such intended person will need a record of the proceedings, and for such purpose may [heed to ensure a verbatim record of ttie proceedings is made, wNch record khdudes the tesbnhohry and eridenoe upon which the appeal is to be IvAch Cityclerkrnubareg� x6fhagthheepsmceedpurpose ohf backupkfva ofOc(ial rpe}coahrdWs of the Clark d� 2A.28 per ale W.% tlFsabili8es�sneeomq spi ea6al kccahlm�o fon to pR rtla rim xi 8is proceeding shhmdd contact Lane Gamma no later than two (2) worlang days 9prior to the pr at 863-763-3372 x215; If hearing a voice impaled, call a 1.M22l•3148 voice) a 1-888-447.5620 (TTI). it3S88U . CrIY CLERK �a�e�NNM��N��M►i�NM�N ��..a.•��f�.-, COWTANCE L HAWSE Sworn to d s.bseri d before me this + C011Nt1#DD06WW Expires 6/14/2010 d y �f A. . 20 �? dFei Fronde Notary AW., Inc 1..II.....III• IIIIIIIIIIIIIIIIIIIIIIIIIII�II• Notary Public, State of Florida at Large Page -1- CITY OF OKEECHOBEE - June 5, 2007 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, June 5, 2007 City Council Regular Meeting 6.00 1).m. II. OPENING CEREMONIES: Invocation given by is House Fellowship; Pledge of Alleaiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summ ry of Council Action for the May 15, 2007 Regular Meeting, seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIE /:E;A V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT CD, P.M. Page -2- A.1.a) Council Member moved to read by title only, proposed Ordinance No. 981 regarding Small Scale Comprehensive Plan Future Land Use Map Amendment No. 07-005-SSA, submitted by Steven Dobbs/InSite Development, changing Blocks 11, 12, 21, and 22, City of Okeechobee, from Single Family (SF) Mu '-Family (MF) - City Planning Consultant (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK . ✓ C. WILLIAMS MARKHAM v WATFORD L. WILLIAMS MOTION: DENIED/ RRIED. c) Attorney Cook read proposed Ordinance No. 981 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) 'Council Memb r moved to adopt Ordinance No. 981; seconded by Council _ Member - !T=. b) ... Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07�005-SSA submitted by Steven Dobbs on behalf of property owner InSite Development for vacant property located between Northwest 51h and 71h Avenues and Northwest 11th and 13th Streets, from Single Family (SF) to Multi -Family (MF). The Planning Board reviewed the application at their May 17, 2007 meeting and recommends approval. The Planning Staff Report recommends approval based on the following: A. Consistency with the Land Use Categories and Plan Policies. The Applicant is requesting to amend the Future Land Use Map from Single -Family to Multi -Family. As prescribed by the Comprehensive Plan, specifically Policy 2.1(b), permitted uses in the Multi -family Residential Future Land Use category include apartments, duplexes, condos, single family houses and public facilities. The maximum density is 10 units per acre. Thus, using the maximum density and the minimum lot requirements in the Land Development Code, the Applicant could -develop these Blocks with approximately 113 units. Based on the application, the proposed use of -_- multi -family development is consistent with the Multi -Family Residential Future Land Use category as described in the Comprehensive Plan. Multi -family dwelling units are the predominant land use in areas within this category. However, it is less clear that all of the Comprehensive Plan Policies are being met with this request. This is shown later in such areas as Infrastructure Level of Service (Roads) and Parks and Open Space. B. Concurrency of Adequate Public Facilities. According to the U.S. Census, the _ City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of this property could generate approximately 305 additional residents (2.7 pph x 113 d/u). Roadways. The City's,adopted level of service standard (LOSS) for local roads is LOS D. The subject property will be serviced by local roads. Potable Water: The adopted LOSS for potable water is 114 gpcpd. The impact for the proposed development is as follows: 113 units x 2.7 pph x 114 gpcpd = 34,781 gpd. Sanitary Sewer. The adopted LOSS for sanitary sewer is 130 gpcpd. The impact for the proposed development is as fo4ows: 113 units x 2.7 pph x 130 gpcpd = 39,663 gpd. Solid Waste. The adopted LOSS for solid waste is 13 Ibs/person/day. The impacts for the proposed development is as follows: 113 units x 2.7 pph x 13 Ibs/person/day = 3,966 ppd. The Applicant has stated that representatives of the County Solid Waste Facility -provided confirmation that the landfill had a life of 50 years. But, the Applicant's analysis uses the adopted LOSS from Okeechobee County not the City's LOSS. This analysis should be completed and a letter -from Waste Management or the County should be provided to the City confirming the landfills ability to serve the proposed development. Drainage. The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Parks & Recreation. The adopted level of service standard (LOSS) for parks and recreation is 3 acres/1,000 Page -3- persons. Based on the estimated population, the minimum acreage requirement for parks and recreation would be approximately 0.915 acres. The Applicant has stated that this would be met by on -site facilities and provision of fair share contribution. However, upon review of the Applicant's proposed site plan, no such facilities have been provided. There has also been no mention of a fair -share contribution by the Applicant. Also, the estimate of 130 dwelling units is in conflict with the maximum of 113 dwelling units allowed under this submittal. C. Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impacts on the surrounding property as nearby properties are Multi - Family to the South and the East. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives, and Policies (as they are intended) would allow for an Amendment to the Future Land Use Map to Multi -Family Residential. This proposed multi -family development would be consistent with the uses allowed by the Multi -Family Residential category. Analysis and Conclusion: The existing Comprehensive Plan Goals, Objectives, and Policies will support Residential Multi -Family uses.at this location whether proper infrastructure planning is concurrent with this requested change. However, there are discrepancies within the Comprehensive Plan Policy impact analysis which must be addressed more clearly before a positive recommendation for this Future Land Use change can be granted: 1. Traffic Analysis: While the traffic analysis has just been resubmitted, it must be reviewed to ascertain whether prior Staff Transportation comments have been addressed. The overall analysis addressed twenty-five acres and 250 dwelling units, the analysis must be able to distinguish how this proposed change flows with the prior Future Land Use change and future development to the East. 2. Pertaining to the Conservation Element, the Applicant states that the conversion to a Multi -Family Land Use Designation will allow development that will be more sensitive to the natural systems of the area. Further, in the later "Analysis of primary indicators" section of the application, the Applicant states that adequate site design techniques will be employed to protect and conserve natural systems such as wetlands, native vegetation, etc. The Applicant further states in a subsequent section on "Natural Resource Protection" that there are no wetlands or areas of native vegetation, but that a full environmental assessment will be conducted of the entire property as part of any future development application. The Applicant has already submitted preliminary development plans for the first phase involving Blocks 4, 13 and 20 of its project, which plans also included the development layout for the property involved in the application (Blocks 11, 12, 21 and 22). The Applicant has not as yet submitted any environmental assessment for any of the properties, and neither the site plans nor the associated text refer to techniques intended to protect and conserve the natural areas or system. So far, all site plan submissions have been designed only to maximize density on the properties. 3. Recreation Element: The Applicant makes reference to objectives in the Okeechobee County Comprehensive Plan, not those of the City. However, the Applicant does state that, `The proposed project can easily accommodate the recreation needs of its anticipated population through the provision of on -site facilities". However, preliminary site plans for the project, including both Phase I and Phase II show no on -site recreational facilities. In a subsequent section of the submittal under the heading `Parks and Recreation' the Applicant notes that `The project will be designed to provide residents with a variety of recreational facilities and open space to ensure the community's quality of life." So far, no plans submitted by the Applicant show such facilities. This section goes on to identify that based on 130 units and a population of 2.5 per unit, the estimated population of 325 people would require at least 0.975 acres for recreation and open space. The Applicant further states that this park and open space mandate will be met through on - site facilities and provisions of fair -share contribution. No such facilities have been shown on the most recently submitted plans and there has been no mention of a fair -share contribution by the Applicant. The estimate of 130 units is also inconsistent with the number of units cited in the section entitled `Maximum Allowable Development', which indicates a possible maximum of just 113 units. 4. Pertaining to the Applicant's section `Discouraging Urban Sprawl': Applicant's response to primary indicators of Urban Sprawl #13: The proposed change will not result in the loss of significant amounts of functional open space, "With the conversion to a Multi -Family Residential Future Land Use, the proposed land use will provide significant amounts of functional open space that will be planned for active and passive recreation by residents of the new community and others„. The most recent plans submitted by the Applicant show no evidence or provision of on -site recreational facilities. V115 (,GOA, t, ° Page -4- ` l ;j)\-1 �� ��Y� '.j ? _ aaAl S 6, Naft c) Vote on motion. VOTE.. _ YEA NAY A STAIN ABSENT KIRK 1/ C. WILLIAMS ✓ MARKHAM ✓ WATFORD V L. WILLIAMS V MOTION: DENIE ARRIE . Page -5- B. 1 .a) Council Member moved to read by title only, proposed Ordinance No. 982 regarding Small Scale omprehensive Plan Future Land Use Map Amendment No. 07-006-SSA, submitted by Muhammad Noorudin/A.M.S.A. Holdings, LLC, changing Lots 3 - 6 of Block 78, City of Okeechobee, from Single Family (S to commercial (C) - City Planning Consultant (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS ✓ MARKHAM WATFORD V L. WILLIAMS` MOTION: DENIE ARR1E . c) Attorney Cook read proposed Ordinance No. 982 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN i TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO • PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE C COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Memb moved to adopt Ordinance No. 982; seconded by Council Member b) Public comments and discussion. This ordinance pertains to Comprehensive PI p an Small Scale Future Land Use Map Amendment Application No. 07-006-SSA submitted by Muhammad Nooruddin, on behalf of property owner A.M.S.A. Holdings, LLC for property located at 608 Northeast 2nd Avenue, from Single Family (SF) to Commercial (C). The Planning Board reviewed the application at their May 17, 2007 meeting and recommends approval. The Planning Staff Report recommends approval based on the following: Analysis: A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. B. Concurrency of Adequate Public Facilities. The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. C. Compatibility with Adjacent and Nearby Land Uses. The requested Future Land Use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood has been slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the east and south of the subject property. When approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. D. Compliance with Specific Standards of the Plan. The proposed Future Land Use Map Amendment is in compliance with the specific standards of the Comprehensive Plan. Conclusion: The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. LaRue Planing Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. Alar%- Sow &A,&+ = APO C+�-V Page -6- c) Vote on motion. VOTE-- _ YEA. NAY ABSTAIN ABSENT KIRK Z; C. WILLIAMS V MARKHAM v WATFORD V L. WILLIAMS V MOTION: DENIE /CARRI . c C.1. a) Council Member Page -7- moved to read by title only, proposed Ordinance No. 985 reg din I pact Fees - City Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK V C. WILLIAMS MARKHAM (/ WATFORD V L. WILLIAMS MOTION: DENIE /CARRIE . c) Attorney Cook read proposed Ordinance No. 985 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, CREATING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR FINDINGS AND DECLARATIONS; PROVIDING FOR THE IMPOSITION OF PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES IMPACT FEES; PROVIDING FOR EXEMPTIONS, PROVIDING FOR THE ACCOUNTING AND USE OF FUNDS, PROVIDING IMPACT FEE SCHEDULES; PROVIDING FOR REVIEW AND REVISION, PROVIDING FOR CONSTRUCTION OR DONATION OF PROPERTY /N LIEU OF IMPACT FEE PAYMENTS; PROVIDING FOR REFUNDS; PROVIDING FOR APPEALS; SEVERAB/L/TY, CODIFICATION, AND AN EFFECTIVE DATE. " 2. a) Council Mem er — moved to adopt Ordinance No. 985; seconded by Council Member b) Public comments and discussion. PU&6 � Planning Staff and Planning Board are recommending approval. ire.? fts hkadus KA� CCu— ttC& AUVJtJ It AkofL Law c) Vote on motion. _ VOTE YEA NAY ABSTAIN ABSENT `-y"""C��C� ( /j - KIRK •� S its C. WILLIAMS � MARKHAM V �W r . 6fAkju WATFORD I/ �\' "`� ? �4!► L. WILLIAMS I 300 MOTION: DENI ARRIED AwiLv l4.11- MAYOR KIRK CLOSED THE PUBLIC HEARING AT _ � P.M. ��rol� ia. Az Gh� 66 q �6 {a 5yey Page -8- VII. NEW BUSINESS. A.1. a) Council. Member moved to read by title only, and set July 3, 2007 as the final public hearing date for proposed Ordinance No. 986 regarding Rezoning Petition No. 07-004- R, submitted by Muhammad Noorudin/A.M.S.A. Holdings, LLC, changing Lots 3 - 6 of Block 78, City of Okeechobee om F-1 to CPO - City Planning Consultant (Exhibit 4); seconded by Council Member 0 b) Vote on motion to read by title only. VOTE_. YEA NAY ABSTAIN ABSENT KIRK L/ C. WILLIAMS Ll MARKHAM ✓ WATFORD L. WILLIAMS MOTION: DE ARRIED c) Attorney Cook read proposed Ordinance No. 986 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PART/CULARL Y DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABIL/TY AND AN EFFECTIVE DATE." 2. a)..., Council Member move o a rove the first reading of proposed Ordinance No. 986; seconded by Council Member b) Discussion. This Ordinance amends the Zoning designation from Residential Single Family -One (RSF-1) to Commercial Professional Office(CPO) for property located at 608 Northeast 2nd Avenue. The petition was submitted by Muhammad Nooruddin on behalf of property owner, A.M.S.A. Holdings, LLC. There were 24 notices sent to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. The Planning Board reviewed the application at their May 17, 2007 meeting and recommends approval. The Planning Staff Report recommends approval based on the following: Analysis: 1. The proposed use is -not contrary to Comprehensive Plan requirements. The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Additionally, the requested zoning change to GPO would be most compatible with this specific neighborhood as there are already properties on this Block with the same zoning and being used in a similar way. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use being applied for is authorized under the Zoning District in the Land Development Code 3. The proposed use will not have an adverse effect on the public interest. An office use will not have an adverse effect on the public interest. 4. -The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CPO zoning and the proposed use as a home health office as requested by the applicant is appropriate for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed rezoning to CPO will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The office -use can be suitably buffered from surrounding uses when necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. B. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been Page -9- inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed zoning change to CPO will not be granting a special privilege to the owner. Conclusion and Recommendation: The applicant's request to CPO zoning will be consistent with the City's Comprehensive Plan when the Small Scale Amendment is approved as Commercial. LaRue Planning Staff recommends approval of the request to allow rezoning from RSF to CPO permitting the applicant to convert the existing use from a single family residence to a home health office. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK ✓ C. WILLIAMS V MARKHAM WATFORD L. WILLIAMS MOTION: DENIED ARRIED V Page -10 �. 1. a) Council fJlember moved to read by title only and set July 3, 2007 as the final public hearing date for proposed Ordinance No. 989 regarding Planned Unit Development (P D) Regulations - City Planning Consultant (Exhibit 5); seconded by Council Member.- b) Vote on motion to read by title only. wo VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS L/ MARKHAM v WATFORD V L. WILLIAMS MOTION: DENIE RRI c) Attorney Cook read proposed Ordinance No. 989 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARL Y SECTION 90-401 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-402 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-403 OF THE LAND DEVE40PMENT REGULATIONS, SECTION 90-404 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-406 OF THE LAND DEVELOPMENT REGULATIONS, AND SECTIONS 90-407 TO 90-440 OF THE LAND DEVELOPMENT - - REGULATIONS, REVISING THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT AND ADDING DIVISION 13 FOR THE RESIDENTIAL PLANNED UNIT DEVELOPENT (PUD-R) DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.,, 2. a) Council Member moved to appro a the first reading of proposed - Ordinance No. 989; secon d by Councii Member b) Discussion. Planning Staff and Planning Beard are recommending approval. NILk r J Cam' Ut &rust uft�o (L a- qk-s d4� T° wt�,t�,. � c�-✓,ems,? j1�t' � Co- V Vote on motion. � i VOTE YEA NAY ABSTAIN ABSENT (� l (�' KIRK �=U �. T b1L C�(�J C. WILLIAMS v - - MARKHAM ✓ 7 do WATFORD — L. WILLIAMS � �LQ�-? 46k — -MOTION: DENT 1 ARRIE �� G� d U U-M— 1 Par, Icy 6 4D he ` ' Dn lue �4 Vase d.�q �Cl ` 1sat. W&,wu ua- t�k 44,,o (ye. V,-) do ujj-J �+�`�".� o� skukul pu€ cn ax w.� mo4oLAp horn :&Olj Rw te(ft ��iwn+� q�rd �rc) fyL �a11�_ �(va!(" cZ�, AA (o cyo Dftz LaLe W Oj feu Ciee sr "`w4u� 00 R zwcf t3zj aV&tA-, co 2 Gdcgfa(� �v�ks, �Lli¢W �zc,� maot 4 I�uLa Oc �VLWA- A PW) h4Lt- C�@uft& d- u��u'ut �f d' t�Jj Y6Q. PUJJ. O. lD� rn F WLU ���'�`-b � U�'�F Sony Rx.4- &ck. Sc#e w scunv�u,�aLu� �, o xj- SLd.w �.lnc�.e d� pia- .1oQtC..d c� � a- Spau 4&o A cQ�J2�6 � ahcLJ- w+� a w 4,k� Tic- dvi,c &,ef ah,� jt"[ a-cit ,x.� CPFSn� 76- uod�� 4ivzo+ Uic�u,� �Qac�xlcalL c,k*a,�c�' _ ^ / Page -11- C. Consider Preliminary Pa pproval r a four -lot subdivision, Central Park Oak, submitted by Asmussen Engineering on e alf of property owner, RJ Remodeling Enterprises, Inc. -City Planning Consultant (Exhibit 6). At -jX qD rh 4b dw 0 Page -12- D. Consider Administrative Procedures for Reviewing Site Plans - City Planning Consultant (Exhibit 7). VIII. MAYOR KIRK ADJOURNED THE MEETING AT �_ - - P.M. Page 1 CITY OF OKEECHOBEE - June 5, 2007 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER -Mayor: Kirk, June 5, 2007, City Council Regular Meeting 6:00 p.m, II. OPENING CEREMONIES: Invocation given by Rev. Jim Hudson, His House Fellowship; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr Council Member Clayton Williams. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. MINUTES - City Clerk. qjA. Council Member 4,/ lh} A moved to di3pense with the reading and approve the Summary of,Poungil Action for the May 15, 2007 Regular Meeting, seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS ~r MOTION: DENIED/ RRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. MAYOR KIRK OPENED THE PJBLIC HEARING FOR ORDINANCE ADOPTION kT P.M. _. -�.� - -- - -- A. Y- -Courtcttlt>fem er-- '. ! movedto read_e on y4i fy, proposed- rdinance Wo. 98T-_ regarding -Small_ Sca e_Co _ rehensive-Plan _ Future „Land Use Map Amendment No 07-005-SSAi_ _ - submitted by Steven Dobbs/InSite Development, changing Blocks 11, 12, 21, and 22, City of -Okeechobee,_ from_SingleFa"i SF� dti.Family. (MF)_- City --Planning Consul-tarAlExhibit-l-);--------_- __ seconded by Council Member, b) Vote on motion to read by title only. VOTE-- _ i(EA -NAY-ABSTAtN- A13SENT---- -- - ---- KIRK _ C�WLLTAIOfS MARKHAM WATFORD - _-_LWILLIAMS--- _ __ - ---- --- - ---- --- . MOTION: DENIED ARRIED. c) Attorney Cook read proposed Ordinance No. 981 by title only as follows: "AN ORDINANCE OF THE - - - - CfTYOFOKEECHOBEE,FLORIDA AMENDINGTHEC11YOFOKEECH ---- -_ ---- - - PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LANDUSE MAP ON A L`ER N TRAM OF LAND MORE PARTICULARLY DESCRIBED__________ HEREIN FROM SINGLE FAMILY _(SF)_TO_ MULTI -FAMILY (M_Fk PROyDING FDR INCLUSION-OEORoa'N,aNr.E AND -_----- --_ REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN _EFFZCTfVE-DATA"- --- - ---- - - - -- - ---- - - - _-- - . a) - Coancit t 1�� �- -, L ,--= -- - - moved -to ado �;� PtO'dinarce-iVo. 98t;��ride�tiy Counc�f Member ,-� l( na�J b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application -----No . 07--005-SSAsubmfttedhy-Steven Dobbs-on-bebaa -of-pr y- r e�ar►Site sevelepment--- - --- for vacant property located between Northwest 51h and 71h Avenues and Northwest 11th and 131h - Streets,-#oni—S4 ile-F-amooSF-}te Multi -Fa nrHy f!MF}.- -- at their May 17, 2007 meeting and recommends approval. The Planning Staff Report recommends approval based on the following_ A. Consistency with the Land use -categories and Plan Policies. The Applicant is requesting to amend the Future Land Use Map from Single Family to Multi- Fam4._-As-presc-rihed by the-_CoWrehensive_PlanTsspecifically_ -olicy2.14_-._ __ permitted uses in the Multi -family Residential Future Land Use category include apartments, duplexes, conchs, single #armil iteuses and publiE facil+tiee.-The aA+mt rm�ensity is-10 units -per -acre Tht, using - _ the maximum density and the minimum lot requirements in the Land Development Code, the Applicant -co - Mocks wrth-approxirrratetyl t3-urnt� -Basezt-mlhe-apptic-ate; ir-ie proposed -use of--- multi -family development is consistent with the Multi -Family Residential Future Land Use category as escribed in tie Comprehensive Plan. Multi -family dwelling units are the predominant land use in areas within this category. -However,_ it is less_. clear_ that all of the Comprehensive_ PI n-Rokies_are_being_mat with this request. This is shown later in such areas as Infrastructure Level of Service (Roads) and Parks and Open Space-_ B.---Concurrency -of Adequate -Public -Facilhies:-Assording-to-the-D.S: City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of - tis property could- - a-approjcima 305-adtfitiortat residents�2.Tpptt-xrtt3 dM� _Rca�wrays: The _- City's adopted level of service standard (LOSS) for local roads is LOS D. The subject property will be serviced by local roads:_ PolabTe 1 a er: -The adopted LOSS for potable w -a-te r is 114 gpcpd. The impact for the -proposed development is as follow s:l_1.3 units-x 2.7uPph x.J M_gpcpd =_34,78i_gpd�_ mi tary _. Sewer. The adopted LOSS for sanitary sewer is 130 gpcpd. The impact for the proposed development is _as-followsr -1-13 units-x-2,7-pph-x-100-gpcpc[-39,603 SoUd-Waste: Tate - adapted-LOSS-Wssl+o--- _ -- - -- waste is 13 Ibs/person/day. The impacts for the proposed development is as follows: 113 units x 2.7 pph x __ _ - --#3 lbsfpersart/eay = 3;966-ppd. The -Applicant has -stated-that-repmwrttativasDMe-eo-urvty-Sotidwaste - - Facility provided confirmation that the landfill had a life of 50 years. But, the Applicant's analysis uses the a opted-t-OSSfrom Okeechobee County not analysis should be completed and -a letter from Waste Management or the Court should be provided to the C_confirmirth��ndfills-ability_-_ - - -- to serve the proposed development. Drainage. The proposed development will be required to meet all _.standards required -by -the- City .ot-Okeechobee-and the-nth-FAorida-Water 4anagerme-DistrtA--Parks-& - - Recreation. The adopted level of service standard (LOSS) for parks and recreation is 3 acres/1,000 Page -3- persons. Based on the estimated population, the minimum acreage requirement for parks and recreation would be approximately 0.915 acres. The Applicant has stated that this would be met by on -site facilities and provision of fair share contribution. However, upon review of the Applicant's proposed site plan, no such facilities rave been provided. There has also been no mention of a fair -share contribution by the Applicant. Also, the estimate of 130 dwelling units is in conflict with the maximum of 113 dwelling units allowed under this submittal. C. Compatibility with Adjacent and Nearby Land Uses. The proposed land use will not create any adverse impacts on the surrounding property as nearby properties are Multi - Family to the South and the East. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives, and Policies (as they are intended) would allow for an Amendment to the Future Larld Use Map to Multi -Family Residential. This proposed multi -family development would be consistent with the uses allowed by the Multi -Family Residential category. Analysis and Conclusion: The existing Comprehensive Plan Goals, Objectives, and Policies will support Residential Multi -Family uses at this location whether proper infrastructure planning is concurrent with this requested change. However, there are discrepancies within the Comprehensive Plan Policy impact analysis which must be addressed more clearly before a positive recommendation for this Future Land Use change can be granted: 1. Traffic Analysis: Whi!e the traffic analysis has just been resubmitted, it must be reviewed to ascertain whether prior Staff Transportation comments have been addressed. The overall analysis addressed twenty-five acres and 250 dwelling units, the analysis must be able to distinguish how this proposed change flows with the prior Future Land Use change and future development to the East. 2. Pertaining to the Conservation Element, the Applicant states that the conversion to a Multi -Family Land Use Designation will allow development that will be more sensitive to the natural systems of the area. Further, in the later "Analysis of primary indicators" section of the application, the Applicant states that adequate site design techniques will be employed to protect and conserve natural systems such as wetlands, native vegetation, etc. The Appliu:-i.nt further states in a subsequent section on "Natural Resource Protection" that there are no wetlands or areas of native vegetation, but that a full environmental assessment will be conducted of the entire property as part of any future development application. The Applicant has already submitted preliminary development plans for the first phase involving Blocks 4, 13 and 20 of its project, which plans also included the development layout for the property involved in the application (Blocks 11, 12, 21 and 22). The Applicant has not as yet submitted any environmental assessment for any of the properties, and neither the site plans nor the associated text refer to techniques intended to protect and conserve the natural areas or system. So far, all site plan submissions have been designeO only to maximize density on.the properties. 3. Recreation Element: The Applicant makes reference to objectives in the Okeechobee County Comprehensive Plan, not those of the City. However, the Applicant does state that, `The proposed project can easily accommodate the recreation needs of its anticipated population through the provision of on -site facilities': However, preliminary site plans for the project, including both Phase I and Phase II show no on -site recreational facilities. In a subsequent section of the submittal under the heading `Parks and Recreation' the Applicant notes that `The project will be designed to provide residents with a variety of recreational facilities and open space to ensure the community's quality of life." So far, no plans submitted by the Applicant show such facilities. This section goes on to identify that based on 130 units and a population of 2.5 per unit, the estimated population of 325 people would require at least 0.975 acres for recreation and open space. The Applicant further states that this park and open space mandate will be met through on - site facilities and provisions of fair -share contribution. No such facilities have been shown on the most recently submitted plans and there has beeimo mention of a fair -share cornribution by the Applicant. The estimate of 130 units is also inconsistent with thi number of units cited in thcsection entitled `Maximum Allowable Development', which indicates a possible maximum of just 1 K units. 4. Pertaining to the Applicant's section `Discouraging Urban Sprawl': ;applicant's response to primary indicators of Urban Sprawl #13: The proposed change will not result in the loss of significant amounts of functional open space, "With the conversion to a Multi -Family Residential Future Land Use, to proposed land use will provide significant amounts of functional open space that will be planned for active and passive recreation by residents of the new community and others". The most recent plans subrrA, ed by the Applicant show no evidence or provision of on -site recreational facilities. (i r t- t v , � 4 Y j r / _ _ (;,�� �li�,�`1 mil., _ �-'�i _ ` f � / ..Y1� �!•. '�_'G�A __ , 7i� �_. -�, /� k`___ '",t,; ..k.df ,l ,t.��-,� ..... � -.��� lam' t VOTE YEA NAY ABSTAIN ABSENT - - - --- ---- - - ----- - C. WILLIAMS - _ MARKHAM --WATFORD- L. WILLIAMS %% Page -5- B.1 .a Council Member �(, 3 --t.�_ moved to read by title only, proposed Ordinance No. 982 regarding Small Scale Com rehensive Plan Future Land Use Map Amendment No. 07-006-SSA, submitted by Muhammad Noorudin/A.M.S.A. Holdings, LLC, changing Lots 3 - 6 of Block 78, City of Okeechobee, from Single Family -SF to CoQmmercial (C) -City Planning Consultant (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS, MOTION: DENIEI RRIED. c) Attorney Cook read proposed Ordinance No. 982 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULAR =DIBED HEREIN FROM SINGLE FAMILY (SF) 7E0 OVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Membermoved to adopt Ordinance No. 982; seconded by Council Member b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-006-SSA submitted by Muhammad Nooruddin, on behalf of property owner A.M.S.A. Holdings, LLC for property located at 608 Northeast 2"d Avenue, from Single Family (SF) to Commercial (C). The Planning Board reviewed the application at their May 17, 2007 meeting and recommends approval. The Planning Staff Report recommends approval based on the following: Analysis: A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element, B. Concurrency of Adequate Public Facilities. The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. C. Compatibility with Adjacent and Nearby Land Uses. The requested Future Land Use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood has been slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the east and south of the subject property. When approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. D. Compliance with Specific Standards of the Plan. The proposed Future Land Use Map Amendment is in compliance with the specific standards of the Comprehensive Plan. Conclusion: The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. LaRue Planing Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. Page -7- C.1. a) Council Member moved to read by title only, proposed Ordinance No. 985 r9ga ing,lmpact Fees 1_0ty Attorney (Exhibit 3); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK ' C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIE CARRIED. C) Attorney Cook read proposed Ordinance No. 985 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, CREATING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR FINDINGS AND DECLARATIONS; PROVIDING FOR THE IMPOSITION OF PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES IMPACT FEES, PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE ACCOUNTING AND USE OF FUNDS; PROVIDING IMPACT FEE SCHEDULES; PROVIDING FOR REVIEW AND REVISION; PROVIDING FOR CONSTRUCTION OR DONATION OF PROPERTY IN LIEU OF IMPACT FEE PAYMENTS; PROVIDING FOR REFUNDS; PROVIDING FOR APPEALS SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE." 2. a) Council Member h"-k "- JL�-7Lltnoved to adopt Ordinance No. 985; seconded by Council Member If 11111. b) Public comments and discussion. Planning Staff and Planning Board are recommending approval. �'�"��jl �✓�,---�,G^' '�"/.'-j�" fL��,l� �-C_i�. �: �. �f - � '��1C � i ,'.� �� �Uc�. Z,. ;JY. /� -(. J'� G 4' l, ' h ` t -�t.L%� v IBC•. C:'t (, a 1,si..{ r "r �t`y �,�1�� �!'�L✓ _ �„�� ! i�-��'r J.✓ 1� j,.b` ��y� .t//7( j -mil:_ [-� /� i 1 C) Vote on motion. ���'. ) -y- - VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS f MARKHAM WATFORD L. WILLIAMS V MOTION: DENIED/C RRIED. r T,v s MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. - age _g_ Vtt. NEW -BUSINESS - A.1. a) Council Member moved to read by title only, and set July 3,-2007 as the final public hearing date for proposed Ordinance No. 986 regarding Rezoning Petition No. 07-004- - R,.-.submittesihyMuhammad_Noorudin/A-M S_A. Holdinggs,_LLC,_dhanging-Lots-S- 6_of-Block_78,___. City of Okeechobee, f m R$F-1 to CPO - City Planning Consultant (Exhibit 4); seconded by - - - - ---CeuncJ4-Mlember-a— b) - Vote -on motion to read tsytitte-only. - - VOTE YEA NAY ABSTAIN ABSENT C. WILLIAMS- - MARKHAM --- - --WkTF0RD ___- L. WILLIAMS MOTION: - -- -ct- AttorneyDook read proposed r manceNo.-98b-byfi e onyasfioitows "ANORDINANCE-OF— _THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED-H-ERE-F_ROM-RESIDENTL LSINGLE FAMILY-ONE_(RSF4)ZONING DISTRICT - TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE _ZONING -MAP -ACCORDINGLY; PROVIDINGFOR CONFLICTS, SEVfRABIt f1rY AND -AN,-- -- _- _ EFFECTIVE DATE. " 2. a) Council Member_D-_( r It e �1 moved to approve the first reading of proposed Ordinance No. 386 seconded by Council Member 4raJf. b) Discussion. This-Ordinance-amenctsthe-Zoning-designates-from-ResidentfatSi Fam+1y-One-{€S€-1)-to- --- Commercial Professional Office(CPO) for property located at 608 Northeast 2"d Avenue. The petition - _ wass- submitted thuhammact Pdooraddin -ombehaffi of ------- _- _ �* �ropedY-owner, A1�� t�otdings; ttC -There-- _ were 24 notices sent to the surrounding property owners with no response to date. The property was posFE wt -a sign advertising -the request of the rezoning, dates and times of both the Plannin Board and - - -City Council public -hearings. _The Planning Board _reviewed the application at th r-May 1��_20.07. meeting___ and recommends approval. The Planning Staff Report recommends approval based on the following: Analysis: 1 The proposed use -is not contrarylo C--omprehensive-Plan-requirements -The- proposed-zoningis-rat contraryto#tre- - - general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use --- - ap.-Addi ionaffly, the requested zoning change to_C`P0 would -tie most compati fe with this spe-cif ic neighborhood as there are already _properties on this Block with the same zoning and bein�__used_in a - similar way. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land DevelopmentRegulations__The proposed _use- being_applied-for-is-authorized-under-the-Zoning -- -- District in the Land Development Code 3. The proposed use will not have an adverse effect on the public interest: -An -office ase-u 4-not�ave--an advefseeffecton-the appropriate for -- rc-interest:--4: -The-use-is the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental o urban [zing - ta n d use patterns: -The CPO zoning and the proposed use as a home health office as ---- requested by the applicant is appropriate for the location Proposed. CPO zoning would be more with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would' he-accommodatedin_the CPO District___5—The proposed use-wlllnot-adversely-affect property--values-or- L living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed rezoning -to -CPO Yu ll-not adversely a#feet-p�foperty-values-oHivirtTconditions, nor -wilt it-be-a-deteTrerrrtothe improvement or development of adjacent properties. 6. The proposed use can be suitably buffered - ----from Surra-use-usesso as -to reduce the impact -of -any nuisance or hazard to the neighborhood. The - - office use can be suitably buffered from surrounding uses when necessary. 7. The_proposed use- will not_ create a density pattern that would overburden public facilities such as schools, streets, and utility services. The —proposed zoning wilt -not create a_ density -patternAhat_weuldeverburden-public-fwAtie<s-such-as-- schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or -drainage-problems, or -otherwise affect public safety The -proposed use-wfH not -create -traffic congestion, - - flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been Page -9- inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed zoning change to CPO will not be granting a special privilege to the owner. Conclusion and Recommendation: The applicant's request to CPO zoning will be consistentwith the City's Comprehensive Plan when the Small Scale Amendment is approved as Commercial. LaRue Planning Staff recommends approval of the request to allow rezoning from RSF to CPO permitting the applicant to convert the existing use from a single family residence to a home health office. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/C RIED�_ -Page -=t0- ,I r t -a) CoURCH Me nbeT 1..� tz moved �o rear y�itre o yn anfis -July 3; 2OU7 as ie fiinaT_ public hearing date -for ro , sed Ordinance No. 989 re ardin Planned Unit Develo m�ent PUD P -_ 9- P - - -- - — - — - - g --g-- -- ---- -- - - --- -P , Pj__ - - Regulations - City Planning Consultant (Exhibit 5); seconded by Council Member.l� .�� b) Vote on motion to read by title only. - - -VOTE--- - KIRK -- _ C. WILLIAlVfS -- --- - -- - -- - - - - - - -- - -- - MARKHAM WATFORD 1 L. WILLIAMS _ _ -- ----- -- -- -- -- MOTION: DENIEDXA RIED. c) Attorney Cook read proposed Ordinance No. 989 by title only as follows; "AN ORDINANCE OF --------TIfE-CITY-9F41fEEE" W r,--%,na m-,-AMENDMORDWANCE-716,-L-ANU---_____ DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 90-401 OF THE LAND - -----OEVEtOP`l___ REGUL"ONS; - 02-DFTHE`LAND-DEVEL-OPlG1E1V7r-- ----- _ REGULATIONS, SECTION 90-403 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-404 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND DEVELOPMENT REGULATIONS�SEOTQI1,90-400-OFTHF LAND DEVELOPMENT----___ - - --- REGULATIONS, AND SECTIONS 90-407 TO 90-440 OF THE LAND DEVELOPMENT REGULATIOW REVJS/NG-THE-PLANNED-i-INIT-DE-VE-L-0PME-NT(P-UD)_DISTRICTANB --- ADDING DIVISION 13 FOR THE RESIDENTIAL PLANNED UNIT DEVELOPENT (PUD-R) - - - - - DISTRICT, PROVIDING FOR AN EFFE£T1 VEf1A7E�-- - ----- - _ _ --- ---- ---- ------ --- ____ _-_ _ _ - _ _ Gcounc7filember - --- - -- - ove m-fio approve e Tir��eading o�proposed--- Ordinance No. 989; seconded by Council Member b)____.--.Discussion�PlanningStaff I h/kil - - �% i t,ayl__c_L`- r� ij \J- S %J - — c) Vote on motion. MOTION: DENIEb/C.ARRIED. — y / . -tip L ' ,C' ! i u� �J 1 t / 1 a _ t LJ t i%y� 1...,� C� '�{ X �i r (,1,.,• ----i 1 1,--- �-`1.1'(-� "{� 7! .f�L., /'.J-UA i / _'; K i 9 ' ) _ _ ,_1t..j•I� �-��'ta tyt.{�� �'�`�-- i-�CC.•Lt. �—{�! �l,' 4=' JL./'`j_�'rY�li f:�,/l•�'€`_=,l t , - __ _._��✓/ ��_� �/ r _���k a�7 �'S�' i ___�� /�" P l:' _- ,�.__ �,.•-_ ,-- 'jp d-rY�'f? r�'/f,,.J ( �.�.__.._ _ _ t J. r iq' J/Y/ i AM C4 ?"AS--Z K Ir ze-( 107. 4�2 t nh ly, uA Lis Li a Page -11 - C. Consider Preliminary Plat approval for a four -lot subdivision, Central Park Oak, submitted by Asmussen Engineering on behalf of property owner, RJ Remodeling Enterprises, Inc. - City Planning Consultant (Exhibit 6). 7 CITY OF OKEECHOBEE JUNE 5, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 4 CALL TO ORDER - Mayor: June 5, 2007 City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Jim Hudson, His House Fellowship; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the May 15, 2007 regular meeting. June 5, 2007 PAGE 2 of 4 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION -Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 981 regarding Small Scale Comprehensive Plan Future Land Use Map Amendment No. 07-005-SSA, submitted by Steven DobbsllnSite Development, changing Blocks 11,12, 21, and 22, City of Okeechobee, from Single Family (SF) to Multi -Family (MF) - City Planning Consultant (Exhibit 1). Planning Staff and Planning Board are recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 981 by title only. 2.a) Motion to adopt Ordinance No. 981. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 982 regarding Small Scale Comprehensive Plan Future Land Use Map Amendment No. 07-006-SSA, submitted by Muhammad NoorudinlA.M.S.A. Holdings, LLC, changing Lots 3 - 6 of Block 78, City of Okeechobee, from Single Family (SF) to Commercial (C) - City Planning Consultant (Exhibit 2). Planning Staff and Planning Board are recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 982 by title only. 2.a) Motion to adopt Ordinance No. 982. b) Public comments and discussion. c) Vote on motion. June 5, 2007 PAGE 3 OF 4 VI. PUBIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1.a) Motion to read by title only proposed Ordinance No. 985 regarding Impact Fees - City Attorney (Exhibit 3) Planning Staff and Planning Board are recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 985 by title only. 2.a) Motion to adopt Ordinance No. 985. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. A.1.a) Motion)to read by title only and set July 3, 2007 as the final public hearing date for proposed Ordinance No. 98kegarding Rezoning Petition No. 07-004-R, submitted by Muhammad Noorudin/A.M.S.A. Holdings, LLC, changing Lots 3 - 6 of Block 78, City of Okeechobee, from RSF-1 to CPO - City Planning Consultant (Exhibit 4). Planning Staff and Planning Board are recommending approval. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 986 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 986. b) Discussion. c) Vote on motion. B.1.a) Motion to read by title only and set July 3, 2007 as the final public hearing date for proposed Ordinance No. 989 regarding Planned Unit Development (PUD) Regulations - City Planning Consultant (Exhibit 5). Planning Staff and Planning Board are recommending approval. June 5, 2007 PAGE 4 of 4 VII. NEW BUSINESS CONTINUED. B.1.b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 989 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 989. b) Discussion. c) Vote on motion. C. Consider Preliminary Plat approval for a four -lot subdivision, Central Park Oak, submitted by Asmussen Engineering on behalf of property owner, RJ Remodeling Enterprises, Inc. - City Planning Consultant (Exhibit 6), D. Consider Administrative Procedures for Reviewing Site Plans - City Planning Consultant (Exhibit 7). Vill. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a iil'jhe matter of a 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 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. Swopi to,and subt crfbed before me this /pf VD) — A]?. 20 Notary Public, State of Florida at Large PUBLIC NOTICE CONSIDE1111TION OF ADOPTING pLE pKE o�CE tit the CA�C�ITY ORDINANCE �dv on ruesaayT IE 5; 2tA17 at 6:00 p.m. or as soon V�teatt ssible,'a[ 1 rty Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter to lcorlskler III of the folbwing Ordirrartce into law: N0. 981; AN ORDt E CIfY W= OF THOF OBEECHOBEE FLORIDA AMENDING THE CITY OF OKEE- CHOSEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISNIG THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF)LAND MORE TO MULTI OREtMFI; PROVIDINGEFOR INCLUSION OF ORDINANCE AD HEREIN FROM SINGLE FAMILYNDREVISEDFU- TUBE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EF- FECTIVE DUL ardimnce is regaNing Smell Scale Comprehensive Plan Future Land Use Map Amendment No. 07-005-SSA submitted by Steve Dobbs on behalf of popery owners Developnem Gr w The request is to change the Future Land Lfse tlesigt5) from Sirpk Pointy (SF- to MWb-Famiy (Mg for vacant prop- erly located between Northwest 51h and An Avenues and Northwest 111h and 13th Streets. Legal description: allof Blocks 11, 12, 21 and 22, City of Okeechobee Subdivision, mid is appr admately 11.2299 accrre(s)attan� end p ���e Ttldl sedSS f e e maarr%gug ecieo n is erdirely oy mRnbers oTOre�W�r c in the Office of the City Clerk during regular business hours, Mon -Fri, Bam-4:30pm, forys- to eaf E TAKE NOTnIC qNDD BE gPVIED iha[ �nyarsordesires i0er a[ dr rpr made by the dy Councr resp o m er cons such interested person vdR need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are far the sole purpose of backup ldfor official records of the Clerk. 29,gor=e w%Ti Am�ncans tv g Dspe cal acco dmodation to par spate m persons w sa ii� res neeNn this proceedkg should contact Lane Gamlotea no later than two (2) working days error to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call TOD 1-800-222-3448 (voice) or 1-888-447-5620 0-M 2"iaieW"CITY CLERK �N� f fNffNNfNNf tN.f Nth......«0...... = c(AnANa L. HAWSE L r LOMM# DD05638Q Expires w4mio FW;do NoWY Assn b+c Por JUN 5 AGFNVA - FINAL PH - EXHIBIT NO. ORDINANCE NO. 981 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 07-005-SSA), submitted by Steve Dobbs on behalf of property owner(s) InSite Development Group, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said applications) being reviewed by the City's Planning Board at a duly advertised meeting held on May 17, 2007, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163,3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 11.29 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan, consistent with Section 163.3187(1)(c)4., F.S.: a. Application No. 07-005-SSA, from Single Family to Multi- Family. The Legal Description of Subject Property is as follows: Page 1 of 2 LOTS 1 THROUGH 6 OF BLOCK 11, LOTS 1 THROUGH 26 OF BLOCK 12, LOTS 1 THROUGH 26 OF BLOCK 21 AND LOTS 1 THROUGH 6, OF BLOCK 22, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5 OF PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okee(:hobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 979 shall be thirty-one (31) days after, the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 5 TH day of June, 2007. ATTEST: Lane Gamiotea, CIVIC, City Clerk ADOPTED after first reading on the 5" day of June, 2007. ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: 3 Petition No. 0 7 _ 005 - 55 Fee Paid: ADO .Q0 Jurisdiction:,�,,� 1st Hearing: 191 Q 2nd Hearing: p 7 ' Publication Dates: ytj'�1 ', q y nl0 - Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): j ` ✓ D T 4raw 1 Lrfo LurJ Owner mailing address: r Name of applicant(s) if other than owner (state relationship): L c Applicant mailing address: 2)a 90 Pad 6�4264 derchbee- 34511 A Name of contact person (state relationship):0 s�. L , 66b Contact person daytime hone(s): '�� -4- d6-4-D Fax: ow ✓ 5 o 6, 0 Property address / directions to property: - +h Parcel Identification Number: Size of the Property (in acres): Current Zoning Designation: Mr ® 5F P R Current Future Land Use Designation: �� 1 P Existing Use of the Property: � � S rne6 Vo Ca E.' Proposed Future Land Use Designation: R T. Proposed Use of the Property: Y ►- evcle Q�-f- ©� � 1� -�oM�I te1 Description of Surrounding Properties: Legal Description of the Property (Lengthy Description May be Attached): HI ►�� 't 14ch Uniform Land Use Application (rev- 12/03) Page 1 of 2 Uniform Land Use Application (rev. 12/03) Page 2 of 2 I, l'C, aiporize Steve Dobbs of Rudd 3anes�-and Associates to represent me in any and all matters pertaining to the Southern Trace Development before the City Of Okeechobje Aj&-j,->) STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this qt*- day of Pebru, 2006, by Da.v`t I C ta-l- k; s L . Said person (check one) ❑ is personally known to me, R15-ro4ced a driver's license (issued by a state .of -the U-nited States within the last 've (5) years) as identification, or ❑ produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: D b 3 Ae v R1 7 My Commission Expires: gdna W. Runner Commission # DD342897 :acaP Tres: 0a. 01, "�•. _ •!�; Bonded Tbru lnc Atlantic BondmS n nn E=BIT "A" Southern Trace Site Parcel Ws 3-15-37-35-0010-00120-0010, 3-15-37-35-0010-00120-0170, 3-15-37-35- 0010-00120-0110, 3-15-37-35-0010-00210-0100, 3-15-37-35-0010-00210-0080, 3-15- 37-35-0010-00210-0070, 3-15-37-35-0010-00210-0060, 3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210-0010, 3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210- 0060, 3-15-37-35-0010-00210-0070, 3-15-37-35-0010-00210-0080, 3-15-37-35-0010- 00210-0100, 3-15-37-35-0010-00210-0170, 3-15-37-35-0010-00210-0110, 3-15-37-35- 0010-00110-0010, and 3-15-37-35-0010-00220-0010 City of Okeechobee, FL Prepared 2/29/07 C Rudd Jones, P.E. & Associates, P.A. 210 NW Park Street, Suite 204 Okeechobee, FL 34972 863-467-0076 In.Site Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential Compliance with Okeechobee County Comprehensive Plan The proposed amendment is consistent with the following objectives and policies of the Comprehensive Plan which are relevant to the subject request. As the CGMP has been found to be internally consistent as required by State statutes, the proposed amendment is thus also consistent with the remainder of the Comprehensive Plan. Future Land Use Element Objective 1 — The location of future development in the City of Okeechobee shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. With public water and wastewater already onsite, this site is most advantageous for the change of future land use from Residential Single Family to Residential Multi- family. While the soils are not the most advantageous for urban development according to the Soil Survey of Okeechobee County, the two concerns for this soil type are wetness and high water table. With improved drainage, which this site will benefit from and the existing public sewer system these items will not be a concern for this development. The topography of this site has been partially developed due to road beds in the City Right of Way being prepared and is well suited for this level of development. This site is perfectly located to provide attainable multi -family housing for the resident of the City of Okeechobee due to its strategic location just blocks from downtown, an elementary school, middle school, freshman campus and senior high school. This site meets and exceeds this objective. Policy 2.1.a/b —The primary purpose of these categories is to manage future growth. Since the current future land use on this parcel is Single -Family Residential and land to the south and east is multi family, it is reasonable to change this area to a higher density classification to help curtail urban sprawl. This project will help manage the future growth by providing higher density housing. Transportation Element Objective 7 — Calls for the City to establish levels of service standards that are acceptable for existing and future conditions. Please refer to the traffic statement prepared by McMahon Associates, Inc. Housing Element Policy 1.1 — The City is to permit new residential development only where facilities such as roads, sanitary sewer, and potable water are available and adequate. There is an adequate road system available as seen in the traffic statement prepared by McMahon Associates, Inc., adequate water and sanitary sewer service is available onsite and capacity exist at the plants to serve this project refer to water and sewer statement prepared by Rudd Jones, P. E. & Associates. Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge Element Page 1 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential Objective 1 — The City determine availability of service capacity based on the minimum level of service and the demand generated by development. Please refer to Sanitary Sewer and Potable Water and the Drainage statement prepared by Rudd Jones, P. E. & Associates for compliance with this objective. Conservation Element Goal - The City is committed to conserve, protect, and appropriately manage the natural resources to promote the highest environmental Conversion to the Multi -Family Residential designation will allow for a development program to be brought forward that will be sensitive to natural systems of the area. Recreation Element Objective R.1 — Requires that recreation facilities meet the existing and future needs of the County's population through the planning period. Please refer to the Adequate Public Facilities Analysis section of this report for a specific analysis of the additional demand for public facilities caused by this request. Objective R.2 — Requires the County to coordinate with the private sector to provide recreational facilities. The proposed project can easily accommodate the recreation needs of its anticipated population through the provision of on -site facilties. In addition, through a fair; share cost basis, the proposed project, at time of development application, can also provide for its required recreation needs. Compliance with State Growth Management Requirements. Florida's Department of Community Affairs evaluates local plan amendments for consistency with Rule 9-J5, Florida Administrative Code, which sets out criteria for determining whether a proposed plan amendment demonstrates consistency with the mandates of the Local Government Comprehensive Planning and Land Development Regulation Act and the State Comprehensive Plan. The applicant must demonstrate that the proposed plan amendment is consistent with all state requirements. Since the City of Okeechobee's Comprehensive Plan has been found to be consistent with all state requirements, a demonstration of compliance of the proposed amendment with the City of Okeechobee Comprehensive Plan in turn demonstrates compliance with all state requirements. Please refer to the section titled Compliance with City of Okeechobee Comprehensive Plan for the applicant's demonstration of compliance. The proposed future land use must also not encourage urban sprawl as outlined in Sections 9J5- 006.(5)(g) through (5)0) of the Florida Administrative Code. The noted regulations set forth the major components of a methodology to determine the presence of urban sprawl. Paragraph (5)(g) identifies 13 primary indicators of urban sprawl which are to be applied and analyzed as set forth in the rule. Paragraph (5)(h) describes how land use aspects of a plan shall be analyzed. The land use element, including both the future land use map and associated objectives and policies, represents the focal point of the local government's planning effort. Paragraph (5)(i) describes the unique features and characteristics of each jurisdiction which provide the context of the analysis and which are needed to evaluate the extent, amount or frequency of an indicator and the significance of an indicator for a specific jurisdiction. Paragraph (5)(j) recognizes that land use plans generally may be significantly affected by other development policies in a plan which may serve to mitigate the presence of urban sprawl indicators based on the land use plan alone. Paragraph (5)(j) describes development controls which may be used by a local government to mitigate the presence of sprawl. Page 2 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential In general, Section 9J-5.006(5)(D states that provision of innovative planning such as urban villages, new towns, satellite communities, area -based allocations, clustering and open space provisions, mixed - use development and sector planning that allow the conversion of rural and agricultural lands to. other uses will be recognized as methods of discouraging urban sprawl and will be determined consistent with the provisions of the state comprehensive plan, regional policy plans, Chapter 163, Part 11, F.S., and the Florida Administrative Code regarding discouraging the proliferation of urban sprawl. As such, the proposed future land use amendment to the MULTI -FAMILY RESIDENTIAL district, which allows the creation of mixed -use development, urban villages, and open space, is thus consistent with the requirements for discouraging urban sprawl. Nevertheless, a detailed urban sprawl analysis is provided below. Our analysis of consistency is provided within a text block following each indicator. Analysis of primary indicators 1. Promotes, allows or designates for development substantial areas of the jurisdiction to develop as low -intensity, low -density, or single -use development or uses in excess of demonstrated need. The proposed request to Multi -Family Residential will actually increase densities within the urban area of the City in close proximity to the urban center while also ensuring a balanced mix of uses and their intended benefits. 2. Promotes, allows or designates significant amounts of urban development to occur in rural areas at substantial distances from existing urban areas while leaping over undeveloped lands which are available and suitable for development. The proposed request to Multi -Family Residential will actually increase densities within the City in close proximity to the urban center. The proposed request is also adjacent to an existing designation of Multi -Family Residential on the future land use map_ 3. Promotes, allows or designates urban development in radial, strip, isolated or ribbon patterns generally emanating from existing urban developments. The location of the proposed future land use amendment is not in a radial, strip, isolated or ribbon pattern generally emanating from existing urban developments. 4. As a result of premature or poorly planned conversion of rural land to other uses, fails adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. The proposed request to a Multi -Family Residential future land use will not result in the premature or poorly planned conversion of undeveloped land to other uses. Adequate site design techiques will be employed to adequately to protect and conserve natural resources, such as wetlands, floodplains, native vegetation, environmentally sensitive areas, natural groundwater aquifer recharge areas, lakes, rivers, shorelines, beaches, bays, estuarine systems, and other significant natural systems. 5. Fails adequately to protect adjacent agricultural areas and activities, including silviculture, and including active agricultural and silvicultural activities as well as passive agricultural activities and dormant, unique and prime farmlands and soils. The location of the proposed future land use amendment is within a future land use of Single -Family Residential and will not impact agricultural operations to the west. From the SCS Soil Survey of Page 3 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential Okeechobee County designated the soil in this area as not productive for Agriculture. 6. Fails to maximize use of existing public facilities and services. The proposed site will be served by a full complement of existing urban services. 7. Fails to maximize use of future public facilities and services. A higher utilization of this site will ensure that future pubic services are minimized within outlining areas. 8. Allows for land use patterns or timing which disproportionately increase the cost in time, money and energy, of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. The proposed site will be served by a full complement of existing urban services. Because the property is within the public facility service area, it will enable public facilities and services to be extended in an orderly manner without disproportionate increases in cost. 9. Fails to provide a clear separation between rural and urban uses. The proposed site is adjacent to other lands within the City of Okeechobee with a Multi -Family Residential future land use designation and thereby maintains clear separation between urban and rural uses. 10. Discourages or inhibits infill development or the redevelopment of existing neighborhoods and communities. This project is infill of existing lands designated for housing and only looks to increase the density allowed by changing the Future Land Use Classification from Single -Family Residential to Multi -Family Residential. 11. Fails to encourage an attractive and functional mix of uses. The proposed site being adjacent to other lands designated Multi -Family Residential, Public and Single - Family Residential allows for an attractive and functional mix of uses. 12. Results in poor accessibility among linked or related land uses. The proposed project will provide for reasonable connections to surrounding development to ensure among linked or related land uses. 13. The proposed change will not result in the loss of sign cant amounts of functional open space. The proposed change will not result in the loss of significant amounts of functional open space. The existing use does not provide functional open space. With the conversion to a Multi -Family Residential future land use, the proposed land use will provide significant amounts of functional open space that will be planned for active and passive recreation by residents of the new community and others. Page 4 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential Encroachment of Incomuatible development As the City of Okeechobee experiences development, a mix of uses has evolved such as residential, hotels, restaurants, and service businesses, repair shops and retail stores. The residential uses in the area though have remained largely the same stock that has been in place for a number of years. This project will bring to fruition many failed attempts to bring housing to this area. The subject site is bound on the west by a cattle stockyard with an Agricultural future land use designation, to the south by a DOT maintenance yard with a Public future land use designation, to the east by undeveloped land with a Multi -Family Residential future land use designation and to the north by undeveloped land with a Single -Family Residential future land use designation. Given the adjacent existing and future land uses, the proposed request for Multi -Family Residential future land use will not result in the encroachment of incompatible development but will actually complement the existing and planned uses and provide a balanced mix of uses in a well planned development. Natural resource protection The site is currently devoid of native vegetation or wetlands. A full environmental assessment will be conducted for the entire property as part of any future development application. Adequate Public Facilities Analysis The following analysis demonstrates that adequate facilities are present or planned to accommodate the incremental demand that may be generated by the proposed future land use. The analysis determines the net incremental demand from a worst -case development scenario of the existing and proposed future land use categories. The net demand is then compared to the existing and planned capacity. The current demand from the existing future land use is assumed to be addressed within the background growth assumptions of the City's local concurrency management system and the long term planning horizon of the capital Improvement Element. The later analysis has previously been determined by the Department of Community Affairs to be internally consistent based upon the current future land use maps. Transportation Please refer to the enclosed traffic statement. Schools Currently, the Okeechobee County School District has adequate capacity at the middle and upper school levels; however, the elementary school system is currently at capacity. The School Board has programmed additional elementary school capacity through the State's Rural Schools Program. Funding has been requested through the legislative delegation. Appropriation is expected in FY2007 with construction to commence by 2008. The Okeechobee School District has utilized this funding source for expansion to the school system in the past. Page 5 Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential The timing is concurrent with the expected timeframe of proposed project. The request for a future land use amendment is expected to be transmitted to the State Department of Community Affairs in 2007 with final adoption expected by mid-2007. With the State's new requirements for public school concurrency passed during the 2005 legislative session, the proposed project is expected to meet the concurrency requirements through mitigation proportionate to the demand for capacity as allowed by State. statutes. As the local government application for site plan approval is not expected to be submitted until late-2007, with approval granted in early-2008, the certainty of the funding program for the additional capacity will be in place. Site construction would then commence with the first certificate of occupancy in late-2008 — the expected timeline for the construction of the new elementary school. Please refer to the enclosed letter of Okeechobee County School Board for confirmation. The closest elementary school, Central Elementary, is located at 610 SW 5`" Avenue and is approximately 2 miles from the site. The closest middle school is Yearling Middle located at 925 NW 23`d Lane and is approximately 2 miles from the site. The closest high school, Okeechobee High, is located at 2800 N.W. Highway 441 North and is approximately 2 miles from the site.. The closest Freshman Campus is located at 610 SW 2"d Avenue and is approximately 2 miles from the site. Water & Wastewater The water and wastewater service for this project is provided by the Okeechobee Utility Authority. Application for capacity reservation has been submitted to OUA. Existing Conditions Under the current Single -Family Residential future land use, the property would be served by a central Water and Sewer System. Proposed Conditions The following is an analysis of the water and wastewater flows for the property with the proposed future land use designation allowing up to 4 units per acre. The analysis is based upon maximum development scenario of 130 units. The estimated water and wastewater flows are as follows: Use Measure Rate Gallons per day Multi Family 118 units 114 GPD —water 13,452 water Residential 130 GPD - sewer 15,340 sewer *Reference: HRS 1OD-6 Water and Wastewater Treatment Plants Based on information obtained from the Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 1.0 mgd. The Okeechobee Utility Authority is currently in the construction phase of additional filters which will Page 6 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential bring the wastewater treatment plant to a temporary capacity of 1.23 mgd. This work should be completed by June 2006. Additionally, the wastewater treatment plant is under a design/permitting phase for an expansion of 3.0 mgd that will bring the total treatment plant capacity to 4.0 mgd and should be operational by June 2008. The average daily flow of the combined water treatment plant finished water production is 1.93 mgd for the period of January 2005 through December 2005. The average daily flow of the wastewater treatment plant is 0.89 mgd for the same time period. The Okeechobee Utility Authority reports an outstanding water treatment plant flow commitment of approximately 0.25 mgd with an outstanding wastewater treatment plant flow commitment of approximately 0.1 mgd. Water Sewer Plant Capacity 6.00 mgd 4.00 mgd Avg. Daily Flow 1.93 mgd 0.89 mgd Committed Capacity 0.25 mgd 0.10 mgd Excess Capacity 3.82 mgd 3.01 and Based upon these figures, the Okeechobee Utility Authority will have on or before June 2008 adequate capacity to serve the proposed demand created by the increased density of the proposed future land use amendment. Police The nearest police station is located at 55 SE 3`d Avenue. No additional police stations are scheduled. The existing police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to other land designated for urban development, is within the public service area, and is approximately 3 miles from the site. Fire The nearest fire station is located at 55 SE 3`d Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to other land designated for urban development, is within the public service area, and is approximately 3 miles from the site. Solid Waste The Okeechobee County solid waste level of service is 4.1 pounds per capita per day and a three year availability of landfill capacity. Given the 100 maximum number of potential units with 2.5 person per dwelling, the maximum demand for the project would be approximately 1,025 punds per day. Okeechobee County operates the regional solid waste landfill. A letter from the solid waste service provider, Waste Management, pertaining to solid waste service was not available. However, confirmation was provided by Joe Fazula, Solid Waste Manager, that 50 years capacity is available. Consequently, the existing landfill has surplus capacity in excess of three years. Page 7 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential Stormwater Management The project is located in the City of Okeechobee and FEMA FIRM Panels do not include the City of Okeechobee, however, this site is adjacent to the City Limits Ditch to the north that has a bottom elevation of 17.0 NGVD and discharges in to Taylor Creek to the east, which is controlled at elevation 13.5 NGVD. There are currently no known flooding or erosion control problems associated with the project site. No 100-year flood prone areas exist on site, therefore no structures, roadways or utilities are proposed within any 100-year flood prone areas. There are no existing wellfields located within two miles of the project site. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre -development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off -site will be minimized by on -site detention within the stormwater management system. The drainage system will be owned, operated and maintained by a public entity or a responsible property owners association acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: • Oil and grease skimmers; • Environmental swales; • Minimize "short-circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. Parks and Recreation The project will be designed to provide residents with a variety of recreational facilities and open spaces to ensure the community's quality of life. No land will be removed that was previously used by residents of the region for any recreational use. No existing recreational trail is designated across the property. Therefore, the project doesn't have the potential for impacting a recreational trail designated pursuant to Chapter 260, F.S. and Chapter 16D-7, F.A.C. The City's adopted level of service standard for recreation and parks is 3 acres per 1,000 people. Based on the estimated population of 325 people (130 units x 2.5 ppd), the project's minimum acreage requirement for recreation and park space is approxmately 0.975 acres. The project will meet the park and open space mandates through on -site facilites and provision of fair -share contribution. The planned system of parks and open spaces is consistent with the City of Okeechobee's Comprehensive Plan. Page 8 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential Historical/Archeological Resources There are no known archeological or historical sites within the project boundaries. A request has been sent to the Florida Division of Historic Resources. Given the improvements made to date (improved pasture), the likelihood of the presence of a historic or archeological site regarded as potentially eligible for listing on the National Register of Historic Sites to occur on the parcel is limited. Hurricane Preparedness According to information in the Treasure Coast Transportation Analysis Hurricane Evacuation Study Update 2003, dated November 2003, the property is not located in any storm surge zone. The property is not within the Category 3 Hurricane Evacuation Area. It is estimated that the majority of people will remain in their homes within the project during a hurricane event, due to the project location relative to the Atlantic coastline. However, in the event of a significant hurricane, the County Emergency Operations Center (EOC) may activate evacuation shelters throughout the County as it deems necessary. The evacuation shelters are typically opened in areas within the hurricane's 100-mile path. Many of the public schools in Okeechobee County serve as evacuation shelters. US-441, east of the project site, is the closest evacuation route. Additionally, SR-70, approximately 2 miles to the south will assist in evacuation of the area by providing additional evacuation routes. All traffic control devices will utilize hurricane tested mast arms and street lights further minimizing service interruptions and enhancing safety prior to, during, and after a major hurricane. It should also be noted that due to recent changes to the Florida Building Code, specifically, Chapter 16, Structural Design, as well as the construction methods to be used in the project, the residential homes will provide shelter for residents during hurricane events. As a result of the changes in the construction process, residents will have safer and more secure homes, thereby reducing evacuation volumes and shelter space requirements. In addition, underground utilities will be used throughout the development reducing potential service interruptions. Finally, additional mitigation measures for special needs populations will be determined through the local government approval process of the Planned Unit Development. Page 9 InSite Development, LLC Request for Comprehensive Plan Amendment Future Land Use Change from Single -Family Residential to Multi -Family Residential Miscellaneous Data Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. Maximum Allowable Development Existing Future Land Use — Single -Family Residential allowing up to 4 units per acre Proposed Future Land User Multi -Family Residential allowing up to 10 units per acre 11.29 x 10 = 113 units The following Parcels make up the total future land use change requested Parcel Control Number Acreage 3-15-37-35-0010-00120-0010 11.29 3-15-37-35-0010-00120-0170 3-15-37-35-0010-00120-0110 3-15-37-35-0010-00210-0100 3-15-37-35-0010-00210-0080 3-15-37-35-0010-00210-0070 3-15-37-35-0010-00210-0060 3-15-37-35-0010-00210-0040 3-15-37-35-0010-00210-0010 3-15-37-35-0010-00210-0040 3-15-37-35-0010-00210-0060 3-15-37-35-0010-00210-0070 3-15-37-35-0010-00210-0080 3-15-37-35-0010-00210-0100 3-15-37-35-0010-00210-0170, 3-15-37-35-0010-00210-0110 3-15-37-35-0010-00110-0010 3-15-37-35-0010-00220-0010 Existing FLU Propose FLU Single -Family Residential Multi -Family Residential Page 10 Southern Trace Site Parcel Ws 3-15-3735-0010-00120-0010, 3-15-37-35-0010-00120-0170, 3-15-37-35- 0010-00120-0110, 3-15-37-35-0010-00210-0100, 3-15-37-35-0010-00210-0080, 3-15- 37-35-0010-00210-0070, 3-15-37-35-0010-00210-0060, 3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210-0010, 3-15-37-35-0010-00210-0040, 3-15-37 35-0010-00210- 0060, 3-15-37-35-0010-00210-0070, 3-15-37-35-0010-00210-0080, 3-15-37-35-0010- 00210-0100, 3-15 37-35-0010-00210-0170, 3-15-37-35-0010-00210-0110, 3-15-37-35- 0010-00110-0010, and 3-15-37-35-0010-00220-0010 City of Okeechobee, FL Preliminary Storm -water Statement Prepared 9/29/06 Rudd Jones, P.E. & Associates, P.A. 1905 S. 25th Street, Suite 200 Fort Pierce, FL 34947 772-461-6997 I. Project Description: The referenced project is a 11.29 acre +/- site located in The City of Okeechobee; west of Highway 441 N, just south of the City Limits Ditch between NW 5t' and 7t' Avenues and NW I I' and 13'h Streets. II. Soil Conditionsffopogrraphy: According to the USDA Soil Survey of Okeechobee County, the site is made up of only one soil classification that is Immokalee Fine Sand. In natural conditions, Immokalee Fine is described as smooth slopes that are slightly concave or convex and range from 0 to 2% slope and poorly drained sand with a depth to water table of 0.5 to 1.5 feet from June to September and below 1.5 to 3.5 feet for the remainder of the year. Historic improvements in the general vicinity include single family residences to the east, commercial property to the north, multifamily and agricultural to the west and a FDOT maintenance yard to the south. Just to the north of this parcel is the City line ditch that drains to the east into Taylor Creek that is maintained at elevation 13.5. The bottom elevation of the City Line Ditch is approximately 17.0 which remains dry after rain events while the average elevation of this parcel is approximately 28.0. We have obtained soil borings to determine depth to water table and hydraulic conductivity rates. The soil conditions contained in the report are very similar to the above stated Soil Survey information. III. Existing Drainage: The site currently drains to City Line Ditch via direct sheet -flow and via existing ditches. These ditches are in the City Right of Way on all sides of these parcels and drain throught the adjacent ditches to the north into the City Line Ditch. IV. Proposed Drainage: The proposed drainage system will be designed to meet all of the applicable water quality and discharge rate requirements of the City of Okeechobee and the South Florida Water Management District. These requirements will be met by a combination of wet and/or dry detention areas designed to meet these requirements. The design of this storm -water management system will be typical for project's of this type, in this area of the State. V. Conclusions: The proposed. project will be designed to meet the storm -water requirements of all local, state and federal agencies with authority to regulate the proposed improvements. Based on my preliminary evaluation of the site, and in my professional opinion, I find no unusual circumstances that would preclude the development of this site in such a fashion as to meet these requirements. Southern Trace Site Parcel #'s 3-15-37-35-0010-00120-0010, 3-15-37-35-0010-00120-0170, 3-15-37-35- 0010-00120-0110, 3-15-37-35-0010-00210-0100, 3-15-37-35-0010-00210-0080, 3-15- 37-35-0010-00210-0070, 3-15-37-35-0010-00210-0060, 3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210-0010, 3-15-37-35-0010-00210-0040, 3-15-37-35-0010-00210- 0060, 3-15-37-35-0010-00210-0070, 3-15-37-35-0010-00210-0080, 3-15-37-35-0010- 00210-0100, 3-15-37-35-0010-00210-0170, 3-15-37-35-0010-00210-0110, 3-15-37-35- 0010-00110-0010, and 3-15-37-35-0010-00220-0010 Preliminary Water & Sewer Statement Prepared 9/29/2006 LIM Rudd Jones, P.E. & Associates, P.A. (#8303) 1905 S. 25' Street, Suite 200 Fort Pierce, FL 34947 772-461-6997 I. Project Description: The referenced project is a 11.29 acre +/- site located in The City of Okeechobee; west of Highway 441 N, just south of the City Limits Ditch between NW 5" and 70' Avenues and NW 11' and 1P Streets. 11. Description of Available Utilities: Potable water and sewer service will be provided to the site by Okeechobee Utility Authority. There is an existing gravity sewer collection system with a liftstation in the area that have to be extended to provide service to this project. The sewer liftstation will require an additional pump to provide adequate service once this project is added to the system. There are watermains that run through this project that will again have to be extended to provide service to this proect M. Proposed Utility Construction: The proposed site improvements will require extension of water and sewer services onsite. The water main extensions will be sized to provide adequate fire suppression flow throughout the site. A gravity sewer connection will be all that is required since the liftstation is already in place and with the addition of a pump will have adequate capacity to serve this project. The utilities will be placed in the road right of ways which will provide access to these proposed utilities for operation and maintenance by Okeechobee Utility Authority. The system will be designed to meet the requirements of the Okeechobee Utility Authority and the Florida Department of Environmental Protection. IV. Required Capacity Based on Okeechobee Utility Authority's policy of 250 gallons per ERC, this project would require 111 ERCs or 27, 750 gallons per day. V. Water and Wastewater Treatment Plants Based on information obtained from the Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 1.0 mgd. The Okeechobee Utility Authority is currently permitted to treat 1.232 MGD or wastewater at their current facility; however, while the plant is permitted they are currently in the construction phase of additional filters which will bring the wastewater treatment plant to that capacity of 1.23 mgd. This work should be completed by June 2006. The current capacity of the plant is used up as the current plant is permitted for 1.0 MGD and the average daily flow is approximately 0.89 MGD and they currently have 0.1 MGD of Executed Developer agreements. This portion of the plant has no excess capacity, but once the expansion as described above is complete, there will be sufficient capacity to serve this project. Additionally, the wastewater treatment plant is under a design/permitting phase for an expansion of 3.0 mgd that will bring the total treatment plant capacity to 4.0 mgd and should be operational by June 2008. The average daily flow of the combined water treatment plant finished water production is 1.93 mgd for the period of January 2005 through December 2005. The average daily flow of the wastewater treatment plant is 0.89 mgd for the same time period. The Okeechobee Utility Authority reports an outstanding water treatment plant flow commitment of approximately 0.25 mgd with an outstanding wastewater treatment plant flow commitment of approximately 0.1 mgd. Water Sewer Plant Capacity 6.00 mgd 1.232 mgd Avg. Daily Flow 1.93 mgd 0.890 mgd Committed Capacity 0.25 mgd 0.100 mgd Excess Capacity 1 3.82 mgd 0.242 mdg Based upon these figures, the Okeechobee Utility Authority will have on or before December 2006 adequate capacity to serve the proposed demand created by the increased density of the proposed future land use amendment. I. Project Description: The referenced project is a 11.29 acre +/- site located in The City of Okeechobee; west of Highway 441 N, just south of the City Limits Ditch between NW 5" and 7a' Avenues and NW 11t' and 13'' Streets. II. Soil Conditions/Topography: According to the USDA Soil Survey of Okeechobee County, the site is made up of only one soil classification that is hnmokalee Fine Sand. In natural conditions, Immokalee Fine is described as smooth slopes that are slightly concave or convex and range from 0 to 2% slope and poorly drained sand with a depth to water table of 0.5 to 1.5 feet from June to September and below 1.5 to 3.5 feet for the remainder of the year. Historic improvements in the general vicinity include single family residences to the east, commercial property to the north, multifamily and agricultural to the west and a FDOT maintenance yard to the south. Just to the north of this parcel is the City line ditch that drains to the east into Taylor Creek that is maintained at elevation 13.5. The bottom elevation of the City Line Ditch is approximately 17.0 which remains dry after rain events while the average elevation of this parcel is approximately 28.0. We have obtained soil borings to determine depth to water table and hydraulic conductivity rates. The soil conditions contained in the report are very similar to the above stated Soil Survey information. III. Existing Drainage: The site currently drains to City Line Ditch via direct sheet -flow and via existing ditches. These ditches are in the City Right of Way on all sides of these parcels and drain throught the adjacent ditches to the north into the City Line Ditch. IV. Proposed Drainage: The proposed drainage system will be designed to meet all of the applicable water quality and discharge rate requirements of the City of Okeechobee and the South Florida Water Management District. These requirements will be met by a combination of wet and/or dry detention areas designed to meet these requirements. The design of this storm -water management system will be typical for project's of this type, in this area of the State. TWENTIETH STREET _P) �ron 1 y m I I I I I $ e I so 1 .I I I 18k sLoomxs B L 0 C K 5 xe9'ae�la•E nlrc ueI C^ 1 i F I� xer x rxn s rxu sNxty' I NB f3th Sr r McT4e'14T III � Ne976'1 20J �� Ne9�'14 E'— _ B LOC N 1 2 n ��rr 8 — $ Its• a � S Ne.'6a• � Hlaf.�.�� BLOCK ,� 12.�"I[ e$ i`i O TTII.eIa I�NE le'14'E ]I219' 1J7% m =u Y I I Ne9�1e 'E I I. N g4�Yr E I0 I 9 AM wr xe9'ie 1 '�• I �I+��el 7 161514=� # yyrr $ n E � � � E g. 158y1 I 1 I I � �] i z 118� V I �- f.9.9)' ��1 ^+ N ram,. r1 Gn�T.✓'r?v eLocli � b xe9'ae'la'E I a.vvlr 19'E $� I I I I I I �-ow 1 R 16e00' I�-4L 1� I lli I 1 wrL 0u .o i _/�1� 1 V 1 I 07 n. 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Isl , i M rn - m'n I I a°er u - xn r,mo, xato I I - n In .Noa -- TOTAL ME/.. ]1.9>et ACAE6 9,xxUNR9 xo�: oo«e m nor® .rxw �4°'mrr d °tXp ssw o n,e PR9rt Ci SPCOFIt NOrEi . n .eMEsi xor uvOlm uE. ur4 R: uKus m r[ New K Mu Nwr u 'on o arutNmr2. x9t no,om' as M rtPar nr9lo,rr x.wm,orr .°ENcr° nwxl mourM1mp xNnNNt Nleaxu 6Nn /In°° u9Nxx¢ nx9 uu tnul rn n xl..�a Iurn, rNn N"wor ry urm ,/./I«. uM xL ]Wluv 1E,f11 V1 v1NM IN] NMr ".. •^I nOvp n, rwf LMvfl°A ,Ivr rxefem NM G41KNr mt4va'r OM11Mr° ueC erNNONpp IECENO: • �xaY>W W y arclaeEl +rta - r1O1orolEc tnE.�,'mxm�'iN rn m6 n rNULIpN. m . mm a Naa atlor, a- f�VMr.•r1° or � • p �ao.o •- ra�"I a t m '���'w EtxrrVm 4 +usd- ufni x•r . x9m r9NEN r� ® -q�r°c w�HuerryClE0. ee . xxtq vuvt/trOpL iE . Nu xvwN.. ®- smxu urq lu— auk nM: 60UNDAKY SURVEY PREPARED FOR: INSITE DEVELOPMENT GROUP, LLC 5htLT,OC, LYINGIN5CCTION E,TOWN5111P52S0UTM,RANCC. fJ EA5r OKCGCPIO6C[. COUNTY. rLORIDA RatcT wErn .noN EXP�DITIO/v SURVEYING 6 MAPPING, ��� yh p` 1 a ejus� u.0 Y'aCnuM• rur "r TWENTIETH STREpE-T� (,J � � m � 4� I i I dr• e , o c , �>• �,lr� �� 9 b I Ijjl I I, �i ---------- Q xa L xrt ax,ws .er I � I e• I� I �a IaJI I � ✓ Y B I.+ C rc .P J . 9 L 0 C x 28 ----------------------------------J --------- ----------------------� I . i a I I I I I I PNEPutEp EOx: 44* l�R ��er�r, iewm MS �c'e�A.af a �.emxc�mrc ,. s Tp� �mC�iM WiKva�� � o ^�'�'Qy�alui® vil non( �'u ai�woe K �I "ern m� x ..e.a awxo r� rmiw+ a eaeEcr s9Ebrc x01Es: .xx, SIrxOMD ILcrHo. ereu Aoal aroiwx _ � Iw[aM1wal gyp,. aroaa eoq rau ,.u.c .Homo suo un ,-�i, sxeaZiR, ,nr rau.pwb if rm +¢ as�iw� run TOPOGRArmjcAL SURVE Y PREPARED FOR: INSITE DEVELOPMENT GROUP, LLC 511tr T , Or, LYING IN 51! CTION , e, TOwN5HIr v 5OUTn. RANGr , f CA5T ORGLCh06GC COUNTY. rLORIDA PPOECT x,P fXITDITION w u�,� 5619VL' YING � MAPPING r RICKEY FUCHARDSON JOHN LASHLEY! JOHN LASHLEY INSFE INSME I E BYRD FOOT GRANT MELTON OKEECH013EE SURGICAL ASSOCIATES 0-0 F I FDOT INSFTE *UA WSITE GERALDINE BERTRAM EUDA NASSA MANAGEMENT GROUP, U.C. INSfTE ROLAND MOSSEL - -- - -- I Fk INSME I OKEECHOBEE I I JOE COMMONS, M ULUNS FOOT GRANT MELTON OKEECH013EE SURGICAL ASSOCIATES 0-0 F I FDOT INSFTE *UA WSITE GERALDINE BERTRAM EUDA NASSA MANAGEMENT GROUP, U.C. INSfTE ROLAND MOSSEL - -- - -- I Fk INSME I OKEECHOBEE I I JOE COMMONS, M ULUNS M94 MOPF;� 0 'hi W6.1n 44V tE V. Conclusions: The proposed project will be designed to meet the storm -water requirements of all local, state and federal agencies with authority to regulate the proposed improvements. Based on my preliminary evaluation of the site, and in my professional opinion, I find no unusual circumstances that would preclude the development of this site in such a fashion as to meet these requirements. s , « Kl.�.1111111.., { May 26, 2006 FAX (86 3) 763-9036 Mr. Steven L. Dobbs, P. E Rudd Jones, RE, & Associates, P. Al 210'W. North Park Street; Suite 20 t3lchobee, EL 34972 RE: SouthernTrace Water and Suer Capac4 In reference to the above fisted project. the Okeechobee Utility Authority and the developer have not executed an agreement for water or wastewater services at this time. When this Agreement is signed, then and only then will the treatment plant capacity be reserved for this project. Currently, the OUA has sufficient treatment capacity at the water treatment plant for this project. However, the OUA has very limited wastewater treatment plant capacity. The OUA is nearing completion of the design/permitting phase for a treatment plant expansion. The expansion is expected to be under construction by late summer (2006) and finished by mid -summer 2008. Southern Trace will be required to obtain permits from ft Department of Environmental Protection for both the water and wastewater system prig to construction. As always, should you have any questions, comments or concerns wkh proms or content of this letter, pled call 863.763.N60 to discuss, Sincerely, (-John Hayford, R lE — Executive director Okeechobee Utility Authority 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Shall Report — Small Scale Comprehensive Plan Amendment � Petition No. 07-005-SSA Staff Report Applicant: Steven Dobbs, InSite Development Small -Scale Comprehensive Plan Amendment Petition No.: 07-005-SSA General Information Location: Blocks 12 and 21 - West of US Highway 441, South of City limits ditch between NW 5'h and 7'h Avenues and NW 1 1'h and 1>`h Streets. Blocks 1 1 and 22 - West side o1 NVJ 7'h Avenue between NW 1 1'h and 13'h Streets. Legal Descriptions PIN 3-15-37-35-0010-00110-0010: Lots 1 to 6, Block 11, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00120-0010: Lots 1 to 10, Block 12, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00120-0110: Lots I 1 to 16, Block 12, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00120-0170: Lots 17 to 26, Block 12, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0010: Lots 1, 2, and 3, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0040: Lot 4 and the E 25 feet of Lot 5, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0060: Lot 6 and the W 25 feet of Lot 5, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0070: Lot 7 and E 25 feet of Lot 8, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0080: W 42.5 feet of Lot 8 and E 32.5 feet of Lot 9, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0100: W 15 feet of Lot 9 and all of Lot 10, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0110: Lots 11, 12, 13, 14, 15, and 16, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00210-0170: Lots 17 to 26, Block 21, CITY OF OKEECHOBEE. PIN 3-15-37-35-0010-00220-0010: Lot 1 to 6 inclusive of Block 22, CITY OF OKEECHOBEE. Staff Report Applicant: Steven Dobbs, InSite Development Small -Scale Comprehensive Plan Amendment Petition No.: 07-005-SSA The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Multi -Family. Based on the size of the property (11.29 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan because the State Statutes allow up to 20 acres under the Small Scale Plan Amendment procedures in a County designated as Economically Distressed. Norfh."uturte,a>axselVlapwClassYficatiori; Single Family �. Zoning District: RSF-1 Eats ing Land U'se:" . " Single family�residenees South: Future Land Use Map Classification: Multi -Family and Public Facilities Zoning District: Existing Land Use: RMF and PUB Vacant and FDOT property West: Future Land Use Map Classification: Single Family Zoning District: Holding E)isting, and` Ise. Single family residences¢: The Applicant is proposing to amend the Future Land Use Map to allow multi -family uses on the subject property. Block 21 has four (4) lots which are developed with single family residences but the rest of the property (Blocks 11, 12, and 22) is vacant. The Applicant has submitted plans to the City for the development of the property, so some information within this Report will be based on facts submitted with the site plan review application. The following discussions contain the Staff s initial comments, as provided in the Staff Report dated 4/12/07, followed by new comments based on the changes to the application made since the Planning Board meeting on April 19"'. The new comments are shown in Apial bold typeface. IN Staff Report Applicant: Steven Dobbs, InSite Development Small -Scale Comprehensive Plan Amendment Petition No.: 07-006-SSA Some initial concerns with the application are as follows: 1. Property address/directions to the property: The application should correctly identify the properties involved. The application will be changed to read: "West of Hwy. 441, South of the City Limits ditch between NW 5th and 7th Avenues and along the west side of NW 7th Avenue, between NW 11th and 13th Streets. 2. Parcel Identification Numbers: Exhibit A duplicates parcel identification numbers. For example, 3-15-37-35-0010-00210-0060 is listed twice, in line three and at the end of line four. Attachment A has been modified to correctly identify the parcels numbers involved. 3. Current Zoning Designation: The Zoning Map shows Blocks 11, 12, 21, and 22 as all being zoned RSF-1 but the Applicant states the zoning is MF and SF. The application will be changed to show the current Zoning Designation as RSF1 4_ Required Attachments (page 2 of 2 of the application): The survey submitted with the application is for Blocks 1) and 20. which are not part of this Small Scale Amendment application. A survey needs to be provided for the area encompassed by Blocks 11, 12, 21 and 22. A correct survey of the property has been provided. A. Consistency with the Land Use Categories and Plan Policies. The Applicant is requesting to amend the Future Land Use Map from Single Family to Multi - Family. As prescribed by the Comprehensive Plan, specifically Policy 2.1(b), permitted uses in the Multi -family Residential Future Land Use category include apartments, duplexes, condos, single family houses and public facilities. The maximum density is 10 units per acre. Thus, using the maximum density and the minimum lot requirements in the Land Development Code, the Applicant could develop these Blocks with approximately 113 units. Based on the application, the proposed use of multi -family development is consistent with the Multi -Family Residential Future Land Use category as described in the Comprehensive Plan. Multi -family dwelling units are the predominant land use in areas within this category. However, it is less clear that all of the Comprehensive Plan Policies are being met with this request. This is shown later in such areas as Infrastructure Level of Service (Roads) and Parks and Open Space. Staff Report Applicant: Steven Dobbs, InSite Development Small -Scale Comprehensive Plan Amendment Petition No.: 07-005-SSA The Applicant has provided additional information to clarify that applicable Objectives and Policies of the City's Comprehensive Plan are being met, although Staff has identified in the following sections some needed clarifications and corrections that should be provided by the Applicant before the application and supporting documentation are provided to the City Council for consideration of adoption. B. Concurrency of Adequate Public Facilities According to the U.S. Census, the City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of this property could generate approximately 305 additional residents (2.7 pph x 113 d/u). Roadways: The City's adopted level of service standard (LOSS) for local roads is LOS D. The subject property will be serviced by local roads. The Applicant has just recently submitted a revised traffic analysis and this analysis needs to be reviewed before a recommendation is made concerning possible degradation of Transportation LOS. (Refer to Traffic Analysis comments, page 6.) Potable Water: The adopted LOSS for potable water is 114 gpcpd. The impact for the proposed development is as follows: 113 units x 2.7 pph x 114 gpcpd = 34,781 gpd Staff notes that the Applicant has incorrectly calculated demand for potable water associated with the development on page 6 of the appli- cation. These figures should be corrected prior to consideration of the application by the City Council. In addition, the Applicant needs to update the discussion on pages 6 and 7 of the application relating to the timing of the completion of work on the wastewater treatment plan and should include with the application a letter of confirmation of outstanding available capacity from the Okeechobee Utility Authority. Sanitary Sewer: The adopted LOSS for sanitary sewer is 130 gpcpd. The impact for the proposed development is as follows: 113 units x 2.7 pph x 130 gpcpd = 39,663 gpd Staff notes that the Applicant has incorrectly calculated demand for sanitary sewer treatment associated with the development on page 6 of the application and that these figures should corrected prior to consideration of the application by the City Council. M Staff Report Applicant: Steven Dobbs, InSite Development Small -Scale Comprehensive Plan Amendment Petition No.: 07-005-SSA Solid Waste: The adopted LOSS for solid waste is 13 lbs/person/day. The impacts for the proposed development is as follows 113 units x 2.7 pph x 13 lbs/person/day = 3,966 ppd The Applicant has stated that representatives of the County Solid Waste Facility did provide confirmation that the landfill had a life of 50 years. But, the Applicant's analysis uses the adopted LOSS from Okeechobee County not the City's LOSS. This analysis should be completed and a letter from Waste Management or the County should be provided to the City confirming the landfills ability to serve the proposed development. The Applicant did not correct this section on page 7 of its application and did not submit a letter from the County confirming adequate available capacity. While the Staff does not foresee a problem in the availability of landfill capacity, nevertheless, the Applicant should modify its application by employing the correct LOS and providing a confirming letter from the County prior to consideration of the application by the City Council. Drainage: The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. Parks & Recreation: The adopted LOSS for parks and recreation is 3 acres/1,000 persons. Based on the estimated population, the minimum acreage requirement for parks and recreation would be approximately 0.915 acres. The Applicant has stated that this would be met by on -site facilities and provision of fair share contribution. However, upon review of the Applicant's proposed site plan, no such facilities have been provided. There has also been no mention of a fair -share contribution by the Applicant. Also, the estimate of 130 dwelling units is in conflict with the maximum of 113 dwelling units allowed under this submittal. The Applicant has addressed the foregoing concern by offering to donate to the City a 0.84 acre parcel, located on the south side of NW 11th Street, for use as a city park. This parcel is identified on the aerial and the revised site plan provided at the end of this Report. In addition, the site plan shows an area in each of blocks 12 and 21 designated as a proposed recreation area. Each area encompasses about 5,300 square feet. C. Compatibility with Adjacent and Nearby Land Uses The proposed land use will not create any adverse impacts on the surrounding property as nearby properties are Multi -Family to the South and the East. 5 Staff Report Applicant: Steven Dobbs, InSite Development Small -Scale Comprehensive Plan Amendment _ Petition. No.: 07-005-SSA D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan Goals, Objectives, and Policies (as they are intended) would allow for an Amendment to the Future Land Use Map to Multi -Family Residential. This proposed multi -family development would be consistent with the uses allowed by the Multi - Family Residential category. The existing Comprehensive Plan Goals, Objectives, and Policies will support Residential Multi - Family uses at this location if proper infrastructure planning is concurrent with this requested change. However, there are discrepancies within the Comprehensive Plan Policy impact analysis which must be addressed more clearly before a positive recommendation for this Future Land Use change can be granted: Traffic Analysis: There are still significant traffic issues to be addressed for this application even though it is for a Small Scale Comprehensive Plan Amendment application. Because of the prior approval of the 10 acre Small Scale Amendment application, the total density is nearly 240 dwelling units and the traffic impact becomes that of a Large Scale Comprehensive Plan Amendment. The listed requirements below have not been adequately addressed according to Staff's Transportation Consultant. These requirements must be met in order to establish that the LOS for the impacted roads in the City are not degraded by the proposed Plan Amendment. Further, the Plan Amendment must be consistent with Traffic Circulation Element Policies 7.1 (LOS Standards) and 7.2 (Concurrency Management System LOS). 1. The existing roadways serving the site within 1 mile radius area of influence indicating lanage, functional classification, current LOS, and LOS standard. 2. The critical links and intersections within the 1 mile area of influence. 3. Daily/PM Peak Trip generation for the maximum density allowed under the new land use designation minus the maximum density under the existing land use designation commensurate with the appropriate trip generation rates for each land use per ITE Report 7th Edition or Later. 4. Project traffic distribution to the links and intersections within the area of influence. 5. Short Range/5 year CIP horizon links and intersections LOS Projections (growth rates per FDOT's Traffic Data 2005 or later). 6. Long Range/10 year CIP horizon links and intersections LOS Projections (growth rates per FDOT's Traffic Data 2005 or later). 7. Short and long range planned improvements. M Staff Report Applicant: Steven Dobbs, InSite Development Small -Scale Comprehensive Plan Amendment Petition No.: 07-005-SSA 8. The concurrent developments impacts. 9. Needed improvements to meet concurrency at buildout. 10.The applicant's funded off -site improvements. The Transportation Planner further states that the applicant's TIS is not consistent with the above 10 requirements. Furthermore, it is not clear why NW 9th and US 441 is analyzed and other links and intersections are excluded? NW 12t" and/or NW 13th Streets' intersections with two lanes section of US 441 (North of CSX Railroad crossing) are more reasonable and NW 5th Avenue and its intersection with SR 70 as well as US 441/SR 70 intersection. 2. Pertaining to the Conservation Element, the Applicant states that the conversion to a Multi -Family Land Use Designation will allow development that will be more sensitive to the natural systems of the area. Further, in the later "Analysis of primary indicators" section of the application, the Applicant states that adequate site design techniques will be employed to protect and conserve natural systems such as wetlands, native vegetation, etc. The Applicant further states in a subsequent section on "Natural Resource Protection" that there are no wetlands or areas of native vegetation, but that a full environmental assessment will be conducted of the entire property as part of any future development application. The Applicant has already submitted preliminary development plans for the first phase involving blocks 4. 13 and 20 of its project, which plans also included the development layout for the property involved in the SSA (blocks 11, 12, 21 and 22). The Applicant has not as yet submitted any environmental assessment for any of the properties, and neither the site plans nor the associated text refer to techniques intended to protect and conserve the natural areas or system. So far, all site plan submissions have been designed only to maximize density on the properties. The Applicant has submitted letters from Environmental Services, Inc., the Army Corps of Engineers, and the South Florida Water Management District confirming that there are no jurisdictional wetlands on the site. However, prior to site plan approval the Applicant will need to verify the lack of valuable native trees or wildlife habitat that would be protected under the policies of the City's Comprehensive Plan. A statement to this effect should be included under the Natural Resource Protection heading on page 5 of the Comprehensive Plan Amendment application prior to consideration of the application by the City Council. 3. Recreation Element: The Applicant makes reference to objectives in the Okeechobee County Comprehensive Plan, not those of the City. However, the Applicant does state that, "The proposed project can easily accommodate the recreation needs of its anticipated population through the provision of on -site facilities". However, preliminary 7 Staff Report Applicant: Steven Dobbs, InSite Development Small -Scale Comprehensive Plan Amendment . Petition No.: 07-005-SSA site plans for the project, including both Phase I and Phase II (the portion of the project for which the Amendment is being requested) show no on -site recreational facilities. In a subsequent section of the submittal under the heading `Parks and Recreation' the Applicant notes that "The project will be designed to provide residents with a variety of recreational facilities and open space to. ensure the. community's quality of life ". So far, no plans submitted by the Applicant show such facilities. This section goes on to identify that based on 130 units and a population of 2.5 per unit, the estimated population of 325 people would require at least 0.975 acres for recreation and open space. The Applicant further states that this park and open space mandate will be met through on -site facilities and provisions of fair -share contribution. No such facilities have been shown on the most recently submitted plans and there has been no mention of a fair -share contribution by the Applicant. The estimate of 130 units is also inconsistent with the number of units cited in the section entitled `Maximum Allowable Development', which indicates a possible maximum of just 113 units. The Applicant has provided adequate recreation area to satisfy the demands of the proposed development as discussed on page 5 of this report. However, the Applicant should modify the last paragraph on page 8 of the application to reflect the appropriate population per household (2.7 rather than the indicated 2.5) and the resultant recreation/park requirement of 0.915 acres rather than the indicated 0.849 acres. 4. Pertaining to the Applicant's section `Discouraging Urban Sprawl': Applicant's response to primary indicators of Urban Sprawl # 13: The proposed change will not result in the loss of significant amounts of functional open space, "With the conversion to a Multi -Family Residential Future Land Use, the proposed land use will provide significant amounts of functional open space that will be planned for active and passive recreation by residents of the new community and others ". The most recent plans submitted by the Applicant show no evidence or provision of on -site recreational facilities. The Applicant has addressed this concern in the preceding topic and as discussed on page 5 of this report. Staff Report Applicant: Steven Dobbs, InSite Development Small=Scale Comprehensive Plan Amendment Petition No.: 07-005-SSA 5. Other comments: The Applicant should modify the first paragraph on page 9 concerning Historical/Archeological Resources to refer to the letter received from the Division of Historical Resources and included in the application. Assuming the applicant provides the information and abides by agreed commitments mentioned in the revised report and meets the transportation requirements, Staff recommends approval of this Small Scale Comprehensive Plan Amendment. Submitted by: James G. LaRue, AICP May 9, 2007 9 Staff Report Applicant: Steven Dobbs, InSite Development Small -Scale Comprehensive Plan Amendment Petition No.: 07-005-SSA TABLE 1 TRIP GENERATION ANALYSIS SOUTHERN TRACE i)posed Land Use Condo/Townhouses 230 Ln(T) = 0.85*Ln(X)+2.55 irrent Land Use Condo/Townhouses 230 Ln(T) = 0.85*Ln(X)+2.55 260 DU 1 723 1 723 1 1,446 104 DU 1 332 1 332 1 664 ' Total I I I I 391 I 391 I 782 Note: Trips were calculated using the ITE Trip Generation, 7th edtion (4McMA.nuvnN- Dist. = 10% Proj.Trips = 78 LOS C Cap. = 9,100 WC = 0.9% Dist. = 5% Proj.Trips = 39 LOS C Cap. = 9,100 WC = 0.4% Dist. = 70% Proj.Trips = 547 LOS C Cap. = 9,100 WC = 6% (West of Site) Dist. = 10% Proj.Trips = 78 LOS C Cap. = 9,100 WC = 0.9% NW 13th Street NW 12th Street NW 11th Street NW 9th Street NW 8th Street un� NW 7th Street NW 6th Street NW 5th Street NW 4th Street NW 3rd Street NW 2nd Street SR-70 =10% Dist. Proj.Trips = 78 LOS C Cap. = 26,000 V/C = 0.3% N nts Dist. = 40% Proj.Trips = 313 LOS C Cap. = 26,000 WC = 1.2% Dist. = 5% Proj.Trips = 39 LOS C Cap. = 9,100 WC = 0.4% Ln a Q' o a Dist. = 10% Proj.Trips LOS C Cap. WC = 78 = 9,100 = 0.9% \� Proj.Trips = 313 LOS C Cap. = 26,000� WC = 1.2% Dist. = 10% Proj.Trips = 78 LOS C Cap. = 26,000 WC = 0.3% ® Dist. = 10% Proj.Trips = 78 LOS C Cap. = 26,000 WC = 0.3% Exhibit A Project Significance ®McMAHON Southern Trace Okeechobee, Florida I d Fit 0 1-13,6111 ' droll Fine I'l 1:1 TABLE 4 LOSPLAN LEVEL OF SERVICE REPORT - Non -FINS Roadway Segments 2000 Highway Capacity Manual Methodology 4/27/2007 D E S C R I P T I O N Road Name US 441 From Cemetry Road/NE 39th To CR 68 County Okeechobee Lanes 2 Route ID 91020000 BMP AMP 5.600 17.364 Li 11.764 INPUT VARIABLES Sianal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 0 LOS C K factor 0.108 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 910 Facility Type U2 D factor 0.59 Speed 55 Signal Type A LOS Category A 8 C D E PHF 0.90 % No Passing Zone 0 Cycle 0 Sal. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour (Directional) 140 430 710 960 1,100 % Turn from Exclusive Lanes 0 Area Type ROA LOS Standard Peak Hour (Bi-Directional) 240 720 1,190 1,620 1,850 2005AADT 8,41 Medians N LOS C AADT 2,200 6,700 11,000 15,000 17,200 D E S C R I P T I O N Road Name US 441 From CR 68 To Osceola County Line County Okeechobee Lanes 2 Route 0 91020000 BMP EMP 17.364 31.700 th 14.336 INPUT VARIABLES Signal Characteristic OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 0 LOS B K factor 0.108 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 540 Facility Type U2 D factor 0.5928 Speed 55 Signal Type A PHF 0.90 % No Passing Zone 0 Cycle 0 LOS Category A a C D E Sal. Flow Rate 1,900 % Exclusive Passing Lanes 0 a/c 0.00 Peak Hour (Directional) 140 440 740 1,000 1,150 %Tum from Exclusive Lanes 0 Area Type RCA LOS Standard Peak Hour (Bi-Directional) 240 750 1,250 1,690 1.940 2005 AADT 5,000 Metlians r Los C AADT 2,200 7,000 11,600 15,700 18,000 D E S C R I P T I O N Road Name US 98 From SR 78 To SE 30th Terrace County Okeechobee Lanes 2 Route ID 91050000 8MP EMP 0.000 2.200 Lig th 2200. INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characterstics No Signals 0 LOS D K factor 0.108 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 1,170 Facility Type U2 Dfactor 0.5928 Speed 45 Signal Type A LOS Category A B C D E PHF 0,91 % No Passing Zone 0 Cycle 0 Sat Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour, (Directional) 160 370 620 850 1,070 %Tum from Exclusive Lanes 0 Area Type I rA LOS Standard Peak Hour (Bi-Directional) 270 630 1,050 1,430 1,800 2005AADT 10,897 Medians N LOS C AADT 2,500 5,800 9,700 13,300 16,700 D E S-C R I P T 1 O N Road Name US 98 From SE 301h Terrace To CR 15A County Okeechobee Lanes 2 Route ID 91050000 BMP EMP 2.200 6.420 Len lh 4,220 INPUT VARIABLES SianalCharacteristic OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 0 LOS C K factor 0.108 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 1,060 Facility Type U2 D factor 0.5928 Speed 50 Signal Type A LOS Category A B C D E PHF 0.91 % No Passing Zone 0 Cycle 0 Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour (Directional) 160 410 680 920 1,160 %Tum from Exclusive Lanes 0 Area Type IA LOS Standard Peak Hour (Bi-Directional) 270 690 1,140 1,560 1,960 2005AADT 9.877 Medians N LOS C AADT 2,500 6,400 10,600 14,500 18.200 Okeechobee Non-FIHS.xIs TABLE 4 LOSPLAN LEVEL OF SERVICE REPORT - Non-FIHS Roadway Segments 2000 Hlgriway Capacity Manual Methodology 4/27/2007 D E S C R I P T I O N Road Name US 98 From CR 15A To Martin County Line County Okeechobee Lanes 2 Route ID 91050000 S P EMP 6.420 12.000 LtUgLtn 5.580 INPUT VARIABLES Sional Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 0 LOS B K factor 0.108 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 380 Facnity Type U2 D factor 0.59 Speed 55 Signal Type A PHF 0.90 % No Passing Zone 0 Cycle 0 LOS Category A B C D E Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour (Directional) 140 430 710 950 1,090 % Turn from Exclusive Lanes 0 Area Type RDA LOS Standard Peak Hour (BI-Directional) 240 720 1,190 1,610 1,840 2005 AADT 3,569 Medians N LOS C AADT 2,200 6,700 11,000 14,900 17,100 D E S C R I P T I O N Road Name US 98 From Highlands County Line To CR 68 / NW 160th St County Okeechobee Lanes 2 Route ID 91090000 BMP EMP 0.000 5,300 L n th 5.300 INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 0 LOS 8 K factor 0A08 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 300 Facility Type U2 0 factor 0.5928 Speed 55 Signal Type A LOS Category A B C 0 E PHF 0.90 % No Passing Zone 0 Cycle 0 Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour (Directional) 140 420 710 950 1,090 %Turn from Exclusive Lanes 0 Area Type RDA LOS Standard Peak Hour (Bi-Directional) 240 710 1,190 1.610 1,840 2005 AADT 2,800 Medians N LOS C AADT 2.200 6.600 11,000 14,900 17,100 D E S C R I P T I O N Road Name US 98 From CR 68 / NW 160th St To NW 36th Street County Okeechobee Lanes 2 Route 10 91090000 BMP 1ME 5.300 15,300 Len lh 10.000 INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 0 LOS 8 K factor 0.108 Arterial Class 0 Arrivat Type 0 Peak Volume (2-Way) 460 Facility Type U2 D factor 0.5928 Speed 55 Signal Type A PHF 0.90 % No Passing Zone 0 Cycle 0 LOS Category A B C D E Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour (Directional) 150 430 710 960 1,100 % Turn from Exclusive Lanes 0 Area Type RDA LOS Standard Peak Hour (Bi-Directional) 250 720 1,190 1,620 1,850 2005 AADT 4,232 Medians N LOS C AADT 2,300 6,700 11,000 15,000 17,200 D E S C R I P T I 0 N Road Name US 98 From NW 36th Street To SR 70 County Okeechobee Lanes 2 Route ID 91090000 BMP EMP 16.300 17.730 Ljagth 2.430 INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 2 LOS C K factor 0.108 Arterial Class 1 Arrival Type 3 Peak Volume (2-Way) 1,090 Facility Type AT 0factor 0.5928 Speed 45 Signal Type A LOS Category A B C D E PHF 0.90 % No Passing Zone 0 Cycle 120 Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.44 Peak Hour (Directional) 0 640 800 820 820 %Turn from Exclusive Lanes 12 Area Typa I A LOS Standard Peak Hour (BI-Directional) 0 1,080 1,350 1,390 1,390 2005 AADT 10,100 Medians y LOS C AADT 0 10,000 12,500 12,900 12,900 NOTE "- LOS letter grade cannot be achieved using LOS manual table input value defaults - Not applicable for that level of service letter grade. Volumes greater than level of service D becom�o : 0ecause intersection capacities have been reached. Okeechobee Non-FIHS.xis TABLE 4 LOSPLAN LEVEL OF SERVICE REPORT - Non -FINS Roadway Segments 2000 Highway Capacity Manual Methodology 4/27/2007 D E S C R I P T I O N Road Name SR 78 From Glades County Line To US 98 / US 441 County Okeechobee Lanes 2 Route ID 91010000 BMP LMP 0.000 4.781 Lqpqth 4.781 INPUT VARIABLES Signal Characteristic OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 1 LOS C K factor 0.109 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 710 Facility Type U2 D factor 0.52 Speed S0 Signal Type N/A LOS Category A B C D E PHF 0.90 % No Passing Zone 0 Cycle 0 Sat Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour (Directional) 130 350 580 780 980 %Turn from Exclusive Lanes 0 Area Type HOA LOS Standard Peak Hour (Bi-Directi0nal) 240 660 1,110 1,490 1,870 2005AADT 6,565 Metllans N LOS C AADT 2,200 6,100 10.200 13,700 17,200 D E S C R I P T I O N Road Name US 441 From SR 78 To SR 70 County Okeechobee Lanes 4 Route ID 91020000 BMP EMP 0,000 3.134 Length 3.134 INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 4 LOS C K factor - 0.108 Arterial Class 2 Arrival Type 3 Peak Volume (2-Way) 2,600 Facility Type AT D factor 0.5928 Speed 3ti Signal Type A LOS Category A B C D E PHF 0.91 % No Passing Zone 0 Cycle 90 Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.44 Peak Hour (Directional) 0 1,010 1,550 1,640 1,640 %Tum from Exclusive Lanes 12 Area Type 1A LOS Standard Peak Hour (Bi-Directional) 0 1,710 2,620 2,780 2,780 2005AADT 24,084 Medians LOS C AADT 0 15,800 24,300 25,700 25,700 D E S C R I P T I O N Road Name US 441 Road Name SR 563 From SR 70 To CSX Railroad Crossing County Okeechobee Lanes 4 Route ID 91020000 BMP EMP 3,134 3.748 Len th 0.614 INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characterstirs No Signals 0 LOS C K factor 0.108 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 2,700 Facility Type UM D factor 0.5928 Speed 35 Signal Type A LOS Category A B C 0 E PHF 0.91 % No Passing Zone 0 Cycle 0 SaL Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour (Directional) 900 1,490 2,150 2,850 3,470 % Turn from Exclusive Lanes 12 Area Type TA LOS Standard Peak Hour (BI-Directional) 1,520 2,520 3,630 4,800 5,860 2005AADT 25,000 Medians Y LOS C AADT 14,100 23,400 33,700 44,600 54,300 D E S C R I P T 1 O N Road Name US 441 From CSX Railroad Crossing TO Cemet Road/NE 39th County Okeechobee Lanes 2 Route ID 91020000 BMP EMP 3.748 5.600 Length 1.852 INPUT VARIABLES SianalCharacteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 2 LOS F K factor 0.108 Arterial Class Amval Type 3 Peak Volume (2-Way) 1,860 Facility Type AT D factor 0.5928 Speed Signal type A LOS Category A B C D E PHF 0.91 % No Passing Zone 0 Cycle 60 Sat. Flow Rate 1,900 % Exclusive Passing Lanes a g/C 0.44 Peak Hour (Directional) 0 0 380 540 580 % Turn from Exclusive Lanes 0 Area Type !A LOS Standard Peak Hour (Bt-Oirectional) 0 0 640 910 980 2005AADT 17,228 Medians Y LOS C AADT 0 0 6,000 8,400 9,100 Okeechobee Non-FIHS.xis TABLE 2 LOSPLAN LEVEL OF SERVICE REPORT • FIHS Roadway Segments 2000 Highway Capacity Manual Methodology 4/25/2007 D E S C R I P T I O N Road Name SR 710 From SR 70 To Martin Co. Line County Okeechobee Lanes 2 Route ID 91060000 amp EMP 0.000 9.922 Lgn-qth 9.922 INPUT VARIABLES Signat Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 1 LOS C K factor 0.108 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 940 Facility Type U2 D factor 0.59 Speed 55 Signal Type A PHF 0.9 % No Passing Zone 0 Cycle 0 LOS Category A B C D - E Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour (Directional) 150 430 710 960 1100 %Turn from Exclusive Lanes 0 Area Type RDA LOS Standard Peak Hour (81-Directional) 250 720 1190 1620 1850 2005 AADT 8,673 Medians N LOS C AADT 2300 6700 11000 15000 17200 D E S C R I P T I 0 N Road Name SR 70 From Highlands Co. Line To CR 70A County Okeechobee Lanes 2 Route ID 91070000 BAD P EMP 0.000 6.500 Length 6.500 INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 0 LOS C K factor 0.108 Arterial Class 0 Arrival Type 0 Peak Volume (2-Way) 820 Facility Type U2 D factor 0.59 Speed 55 Signal Type A PHF 0.9 % No Passing Zone 0 Cycle 0 LOS Category A B C D E Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.00 Peak Hour (Directional) 150 430 710 960 1100 % Turn from Exclusive Lanes 0 Area Type �tDA LOS Standard Peak Hour (Bi-Directional) 250 720 1190 1620 18,50 2005 AADT 7,643 Medians N LOS C AADT 2300 6700 11000 15000 17200 D E S C R I P T I O N Road Name SR 70 From CR 70A To CSX Railroad Crossing County Okeechobee Lanes 2 Roue ID 91070000 8MP EMP 6.500 9.000 nth 2.500 INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 1 LOS F Kfactor 0.108 Arterial Class 1 Arrival Type 3 Peak Volume (2-Way) 1,530 Facility Type AT 0factor 0.59 Speed 55 Signal Type A PHF 0.9 % No Passing Zone 0 Cycle 90 LOS Category A B C D E Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.44 Peak Hour (Directional) 490 500 510 510 510 % Turn from Exclusive Lanes 0 Area Type RDA LOS Standard Peak Hour (BI-Directional) 830 850 870 870 870 2005 AADT 14,163 Medians N LOS C AADT 7700 7800 8100 8100 8100 D E S C R I P T I O N Road Name SR 70 From CSX Railroad Crossing To NE 18th Avenue County Okeechobee Lanes 4 Route ID 91070000 l3MP EMP 9.000 10.700 Lqpqtl 1.700 INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 3 LOS F K factor 0.108 Arterial Class 3 Arrival Type 3 Peak Volume (2-Way) 3.210 Facility Type AT Dfactor 0.59 Speed 30 Signal Type A PHF 0.91 % No Passing Zone 0 Cycle 90 LOS Category A B C 0 E Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 g/C 0.44 Peak Hour (Directional) 0 790 1440 1540 1540 % Turn from Exclusive Lanes 12 Area Type I A LOS Standard Peak Hour (Bi-Directional) 0 1340 2450 2600 2600 2005 AADT 29,736 Medians r LOS C AADT 0 12400 22700 24100 24100 Okeechobee Co. FIHS TABLE 2 LOSPLAN LEVEL OF SERVICE REPORT - FIHS Roadway Segments 2000 Highway Capacity Manual Methodology 4/25/2007 D E S C R I P T I O N Road Name SR 70 From NE 18th Avenue To NE 34th Avenue County Okeechobee Lanes 4 Rue 10 91070000 amp EMP 10.700 11,970 Length 1.270 INPUT VARIABLES Signal Characteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 1 LOS B K factor 0.108 Arterial Class 1 Arrival Type 3 Peak Volume (2-Way) 1,990 Facility Type U2 0factor 0.59 Speed 45 Signal Type A LOS Category A B C D E PHF 0.91 % No Passing Zone 0 Cycle 120 Sat. Flow Rate 1,900 % Exclusive Passing Lanes 0 gic 0.44 Peak Hour (Directional) 0 1290 1530 1580 1580 % Turn from Exclusive Lanes 72 Area Type TA LOS Standard Peak Hour (BI-Directional) 0 2180 2590 2680 2680 2005 AADT 18,439 Medians Y LOS C AADT 0 20200 24000 24800 24800 D E S C R I P T I O N Road Name SR 70 From NE 34th Avenue To St. Lucie Co. Line County Okeechobee Lanes 2 Route ID 91070000 BMP ELAP 11.970 20.100 Length 8,130 INPUT VARIABLES SicnalCharacteristics OUTPUT DATA Traffic Characteristics Roadway Characteristics No Signals 0 LOS C K factor 0.108 Anerlai Class 0 Arnval Type 0 Peak Volume (2-Way) 1,000 Facility Type U2 D factor 0.59 Speed 5 Signal Type A LOS Category A B C 0 E PHF 0.9 % No Passing Zone a Cycle 0 Sat. Flow Rate 1.900 %Exclusive Passing Lanes U yrC 0.00 Peak Hour (Directional) 150 430 710 960 1100 % Turn from Exclusive Lanes 0 Area Type tn;n , JS Standard Peak Hour (Bi-Directional) 250 720 1200 1620 1860 2005 AADT 9,256 Medians ti , JS C AADT 2300 6700 11100 15000 17300 NOTE: " - LOS letter grade cannot be achieved using LOS manual table input value detauus - Not applicable for that level of service letter grade. Volumes greater than level of service D become F because intersection capacities have been reached Okeechobee Co. FIHS 2s 2o07 12:36PM WASTE MANAGEMENT 7725459457 P. I Steven L. Dobbs, P. E, '$OV'Jor pri> ect Rudfl E. 2 10 NVV K Sit Lie', Suit -a 204 RE: SOUTHERN TRACE Based on the arrx)Ljnt of units that you have planned for the above project Waste Management has the adequate capacity to serve this project. If 'I Can assisl you fuolier -,im t''is cr any Prolecf Please ca€.'rnc a' -t?2-32-'1-4548 sinwrely, oey Bonds Waste Management The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a t in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of CONSIDERATION OFADOPTING A CITY ORDINANCE into law: NO. 982: AN AMENDING THE CITY OF THE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECT DATE The ordinance is regarding Small Scale Comprehensive Plan Future Land Use A Amendment Application No. 07-006-SSA submitted byp Muhammad Nooruddin b" of property owners) A.M.S.A. Holdings, LLC. the rarest is to change Fuhre Land Use designation from Single Family (SF) to Commercial (C) for prop located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of BI 78. City doff Okeechobee Subdivision and is appm dmawlynd0.6644acrree(ss)).� the�ProDoseo l�maYbeir o e n ils er�rety yb m�nbers of thep�i In the Olfice of the City Clerk during regular business hours, Mon -Fri, Sam - expcLepEttforrh�oldaays. n pip ppylSE rf aI decisbn rirade bNjOtlre t(y Cou ocff with reWed �a r�y r�naite��risi�ei�eat I hearing, such interested person will need a record of the proceedings, and for si DoiP �Y need to ensure a verbatim record of the proceedings is made, wt record includes O. testimony and evidence upon which the appeal is to be bas City Clerk media am ffror the psole e�purpose i8off bar. for official records of the aClerk. 286.'Lti, wflh�sabikgesneeding al ficc�onimod86ai to partiaPab this proceeding should contact Lane Garnidea no later than two (2) working d� prior to the proceeding at 863-763-3372 x215; 0 hearing or voice impaired, i - _- -- _— — — ------ --- D 1-80222-3448 (voice) or 1-888-447-5620 (fM CITY CLERK 2139300N�2N07 ' 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 afflant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn_tdand subscribed before me this = CvNST ANCE�L d ay A.D. 20 H:�rV',Sc Comm# DD0563848 Expires 6/1412010 as Assn-. Notary Public, State of Florida at Large ....................Fb.t.ds..�rY ....: JUN 5 AGENDA - FINAL PH - FXH/8/T NO. � ORDINANCE NO. 982 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO ); 6> PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 07-006-SSA), submitted by Muhammad Nooruddin on behalf of property owner(s) A.M.S.A Holdings, LLC for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on May 17, 2007, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.64 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 07-006-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: Page 1 of 2 LOTS 3 THROUGH 6 OF BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 979 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 5`" day of June, 2007. ATTEST: Lane Gamiotea, CIVIC, City Clerk ADOPTED after first reading on the 5`" day of June, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 . Phone: (863) 763-3372, ext. 218 Fag: (863) 763-1686 Date: `3 D 7 Petition No. p 7-06i� -:SSA Fee Paid: 560 Jurisdiction:460-,-A .E C lstxearing: j, G� 2ndxearing:- ,� L Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: /SmaiflScale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): 11 o10t; 001 S . LLO A P _ Owner mailing address: t . [,AV F pG, - 3 :r- Name of applicant(s) if other than owner (state relationship): 7 C_ Applicant mailing address: A,, x Name of contact person (state relationship): ` t ln- vls:t 0A Contact person daytime hone(s): (`} 6 3 - �� % 7 3 Fax: P6 5 --X 3-- 661,. ✓ Properry address, ; directions to property: (9C1g Q�} �'" lC Parcel ldentilication\urnber Size of the Property (in acres): Current Zoning Designation: _ (c am Rsi'" R . Current Future Land Use Designation: 0' Existing Use of the Property: I -P ` Proposed Future Land Use Designation: T ' Proposed Use of the Property: Description of Surrounding Properties:U- Cep W_e_- : cam- � #? ; : C LI Legal Description of the Property (Lengthy Description May be Attached): Uniform Land Use Application (rev 12/03) Page l of 2 Survey of Property (I I" x 14", 20" Scale) Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) I City Location Map Uniform Land Use Application (rev 12/03) Page 2 of 2 03/16/07 TO WHOM IT MAY CONCERN: A.M.S.A HOLDING LLC ALLOWS MUHAMMAD NOORUDDIN TO REPRESENT US IN FRONT OF THE BOARD OF`OKKECHOBEE FOR REZING AND LAND CHANGE APPLICATION. SAEED A. KHAN NOOORDDIN M KHAN SHAH NOTARY PIJ13LIC 1�7 THIS INSTRUMENT PREPARED BY AND RETURN TO: Shannon Kelly Elite Title, Inc. 311 NE 2nd Street Okeechobee, Florida 34972 Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0010-00780-0050 Space Above This Line For Recording Data THLS WARRANTY DEED, made the 16th day of February, 2007 by William S. Welder, a single man, whose post office address is 608 NE 2nd Avenue, Okeechobee, FL 34972 herein called the grantor, to A.AiS.A. Holdings LLC , whose post office address is 906 SW Lighthouse Drive, Palm City, FL 34990, hereinafter called the Grantee: (Wherever used herein the terms grantor" and "grantee" include all the panties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TIN AND 001100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz: LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORI A. Subject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is tree of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed sealed and dehyeu:'. ir, the presence of S�AQh "I Witness#I Printed Name Witness/#2 Signature /Cf ld-u_5 P �nv,-.k L Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE s JWilliam S. S. Welder The foregoing instrument was acknowledged befo me this day of February, 2007 by William S. Welder who is personally known tome or has produced l�� ��s'v�,as identification - SEAL SHANNON MULHOL N F P:,ba�, State..blic MY Comm EzPims June Comm. Na- DD 332394 i Printed Notary Name My Commission Expires: SHANNON MULHOLLAND Notary Public, State of Florida MEMy Comm. Expires June 24. 2008 Comm. N. DD 332394 File No- 07-3267 1 Y� D w V- /mu ��b7ZaJ - f -4, 4'l.L/2-/J ex i S 79 m t4 BOUNDARY SURVEY PREPARED FOR A.M.S.A. HOLDINGS, LLC. I ' ((@fARIIXi'.PDVfLJ N 8847}B' f 1Q10R' J X@Ctlj'PJ Immiul nempl .. raadr[W fiJ DESCRIPTION.' 40M 4 4 5 AND 6, BLOCY 7$ CrY a- OYEEf.H09AZ ALt ORD/ND .. IO THE PUT 1HEREOF AS RELLiPOm W PLAT BOGY APACE S �. OF THE RIBL/C REMWS OF OMMEHOPEF CWAITY, fLOPLDA. it. a PROJECT SPEC/f7C NO1L'S• ga I . (r 1) UNLESS 5WOW OTNOMSE ALL DIUMTOYS ARE PL1 T(P) AND IfF49URED(J/). . 2) SITE ADDRESS SOB N,E 2N0 AWNUE 3) PARCQ X. J->5�i7-35-00f0-00780-0050. 4) 7NE. DeOW0110N %YO- HEREON WAS APOWAM BY NE CUENT OR ME CANTS REPRESENTAT/l£ 5) sis4a mvbmve THE N447FL. LINE OF &" 76 /S TAKEN TO BEAR NOR1N 89 47'3B' EAST. G 6). FJ.RAL ZM& IONS UN0E7fRAl -= PARCEL LACS RT7HJN ME OYFECHOBEE' 07Y UA67S 7) 1NIS SURLEY LS NOT LN71JVD0 TO DEPICT ,. AM)CIIGWAL AREAS OR ONO? AREAS OF LOGIL CONCM.. B) 1HE SURVEY DEPLC7ID HERE LS NOT CY WDM BY PRO23T/CWAL LUB/UTY INSURANCE A00/7704S OR DEZE7JOYS >a 5(/RYEY AUPS OP REPOP75 BY ORrfJe THAN 7NE 574W1NG PARTY OP PARIlES /S PROMS/= _ . o+'.'`W'" j �,rr .� . �' �." W7HOUT JMTMV COA45W 0'' NE SIOVWC PARTY OR PAR?X'S .ms mrB2 w aB u aaaoo P J mm /w 9) DA7E a -UST f7EZ0 SURK-,A Of/OBA67. REMSE PREPARED OR ES, R e .'02/4/07 Ot 7OS WC WC KAR KAB A41r nVV I Br IX • yt 11110M nnBRIMWG G0565'.' •./f r PROJECT SPECIFIC LEGEND, NPP - NOW POAER POLE PREPARED FOR 7H£ EXCLUSYVE USE OF.' A.M.S:A. HOLD/NCS, LLC. CULFSTREAM BUSINESS BANK ELITE 777L.& INC. 77COR 77RZ INSURANCE COMPANY LEc6u0 sunoJ.no NOIrs aa�ami„euen e, e.na,xnp e.. ro.beuaw aN.afing w iab. TRADEWINDS PROFESSIONAL SERVICES, INC. ef-5el Iron Rod and Caa ieV5 d) 9 .-f une Cu' 641und Iran R d (and Co). i-Fauna Pp. (and Cap) 2 fie •wx'.Y pd J�rae..iux WY ler Mem PaNr naiad, eeeacHAnNws a N. reeom.aa� m hym. x�,,..Ya, Im a.. hr ad,d, naI .Paanapar mm�.e.. SURVEYORS AND MAPPERS +..+•. y� c•e..uu, GM-ew M o,- • NPl wu .Imou� U L., a,e as el Flmld. m.n..e aun.�ar end ma 4eePa. 200 S.W. 3rd A—ue pw• na .+at. m,A �a aneamn,c� �Ptr m .hew.. Ok—hoteee, FL 34974 .ww nd•Are tlr+�.0 tw a.4S exec.{w.la�u.� e. Ne allmpl roe ��. ....+ a �naery�aune P.W v.m nand/er mceer —i (1/ a y)?. Pert el _r uV a `^ ' . Tel: (0e3) 7e3-2BB7 ui NI.G hMl d nwpva ra-wl.N w4m.�rs 7. .1Ae —Y +DI-1eunu xIU minMnVm IaMnled flmdard+ utanlW.d hY Ma FiMda I..wrI f�H M M-h..yWur 1—d of Survewr c u.,o..0 ICnnPle• " 1-9 F.11.) 1-1 le Sebum 47'= Fw- L/ .i rw wiorrm uour �•w«•�{.Mr.' in=xa w:� smwts+. 1 1 LM n..sr M IT -xu L f 1 nrr.unp i�+R�i •aw eo.ue. e.e.e ., ed..w eu+. Kenaekh A Breeux, Jr. (PSM 4020) LOCATION MAP SHOWING SURRONDING PARCEL OWNERS' ,m scAte w nrr MAP SCALE: I INQI - 120 FEET NOTE:• .NAMES OF PARCEL OWNERS SHOWN HEREON. WERE TAKEN FORM THE OKEECHOBEE PROPERTY APPRAISERS WEB SITE. - .15 5 15 5 15 � 5 },��,16-1.,so .. .... >,s r- 6,.�. ... 16 6 16 6 17 7 17 7 17 era 7 . - 18 18 18 8 18 8 119�9. ��.. 19 9 19 9 20 10 20 10 20 10 r N.E. 7TH STREET ra CD e R z z f v n sa % 8 10 it 4 12 w 7 8 9 �10 11.12 L 7E8 9 1gll 12ka w = 9 z _ N,E. 6TH STREET til j 6 4 N3 2 gl -p Fa FgE� 6C g o.0 I s qb gE 7'978 9 bg10 11 2 x& �S N.E. 5TH STREET 6` 4 3� 1 AC A h-C e B 7 8�,GG 9 10 11 12 h^ STANDARD NOTES: No search of the public records for determination of ownership or res trlctions affecting the lands shown was performed by the surveyor. The survey depicted here Is prepared exclusively for those parties noted. No responslblifty or liability Is assumed by the surveyor for use by others not Spec named. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. There are no visible above ground encroachments except as shown. No attempt was made to locate underground Improvements and/a, encraochments (If any) as part of this survey. This Ft a survey was prepared In accordance with minimum technical standorda established by the orfdo Board of Surveyors and Mappers (Chapter 6IG17-6, F.A.C.) pursuantto Section 472.027, Florida Statutes. PREPARED FOR THE EXCLUSIVE USE OF: - DESCRIPTION DWG. DATE BY CH A. M.SA. HOLDINGS, LLG LOCATION MAP Ol H /09/07 WC HA GULFSTREAM BUSINESS BANK REVISE PREPARED FOR NAMES 0/09/07 WC KA ELITE TITLE, INC. TICOR TITLE INSURANCE COMPANY DESCRIPTION REFERENCE: N/A _ FB/PG: N/A SCALE: ' = IZG' HEARING REFERENCE: XXX FILE 2056S-LOCMAP JOB NO: 20565 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff Report -Small Scale Comprehensive Plan Amendment Prepared fog: The City of Okeechobee Applicant. A.M.SA. HOLDINGS, LLC Petition No. 07-006-SSA Staff Report Small -Scale Comprehensive Plan Amendment Acreage 1 •, Location: 608 NE 2nd Avenue Applicant: A.M.S.A. HOLDINGS, LLC Petition No.: 07-006-SSA Legal Description: Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The matter for consideration is an application for a Future Land Use Map Amendment from Single Family to Commercial. Based on the size of the property (0.64 acres). this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. Concurrent with this request, the applicant is proposing to rezone the property to CPO. Adjacent Future • Use Map classifications and Zoning Districts: Nortli:` Future Land xUsQ Map Classification Iiidus-ia1 Zoning District: IND Existing Land Use: Vehicle'sales"and open storage East: Future Land Use Map Classification Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CPO Church Commercial and Single Family CPO and RSF-1 Vacant 1 Staff Report Applicant: A.M.S.A. HOLDINGS, LLC Small -Scale Comprehensive Plan Amendment Petition No.: 07-006-SSA est..K 54tu?frdiJIIpastoiitieral...us� mot, Zoning District: CHV '.?`'£r"�.�1`#Gtv"z " i.°9 E:a „''°„` r,a r x .eta �.2 The applicant is proposing to amend the Future Land Use Map to allow commercial uses on the subject property. The property is developed with a vacant single family residence that the applicant is proposing to convert into a home health office. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Based on the application, it would appear that the request is consistent with the Commercial Future Land Use Category as described in Objective 2 and its corresponding policies within in the Future Land Use Element. B. Concurrency of Adequate Public Facilities The subject property is already developed and has adequate public facilities. However, this will be reevaluated during the site plan review phase. C. Compatibility with Adjacent and Nearby Land Uses The requested Future Land Use designation will be compatible with adjacent land use categories. The proposed use will be consistent as the neighborhood has been slowly transitioning to incorporate light commercial uses as evidenced by recent land use and zoning changes to the east and south of the subject property. If approved, the future land use change should not lead to future encroachments into stabilized residential neighborhoods. D. Compliance with Specific Standards of the Plan. The proposed Future Land Use Map Amendment is in compliance with the specific standards of the Comprehensive Plan. Analysis and Conclusions The existing Comprehensive Plan goals, objectives, and policies will support commercial uses at this location. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial as the request is consistent with the City of Okeechobee Comprehensive Plan. Submitted by: James G. LaRue, AICP April 11, 2007 2 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant 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. C.� k t. Sworn torrid subsci•ij d before me this d prof A.D. 201017 Notary Public, State of Florida at Large PUBLIC NOTICE CONSIDERATION OFADOPRNG AIENp� Iryat A�CITYORDINANCE � ajey lum 5�007 aL t p m a as soon k pPossit 3N ArA•, Okeechobee, FL conduct s PUBLIC HEARING on and 1ni! reading of tlhe taBowirq Ordnance Into law. NO. 985: ACCUUMM AND USE OF FUNDS; PROVIOM gWDING FOR REVIEW AND REVISION; PROV OVATION OF PROPERTY IN LIEU OF IMPAC OR REFUNDS; PflOYIDING FOR APPEALS; UTANEFFECTIVEaID�ATdE.arrd nat d 16 pee ion As entirety oy members oithen during regular business hours, Mon -Fri, 8am-C decisianEmade b�VnC City Cou�ncT wiB that i�ny persordesires derea�l t ri Y spec o a m er consi hearing, such interested person YAK need a record of the proceedings, and for such purpose may need to errsuie a verbatim record of the proceedings is made. which record krdkrdes the testimony and evidencce upon wh the appeal is to be based. City Clark media are for the sole purpose of backup for official records of the Clerk. car ieciaAhare�g DpsabccmADo otFI-dtc$Pt g opar in this proceeding should contact Lane Garnknea no later than two (2) working days Me to the proceeding at 863-763-3372 x215, a hearing or voice impaired, call D 1-800-222-3448(voice) or 1-888-447-5620 (TTY). 273g33C'UN ft07 . CITY CLERK ..................... 4...... CONSTANCE L. HAWSE Comm# DD0563W Expires 6/14/2010 Florida Notar Assn., Inc .r.... EXHIBIT NO. MAY 15 -1ST READ EXHIBIT NO, 3 JUN 5 - FINAL ORDINANCE NO. 985 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, CREATING CODE BOOK CHAPTER 71 ENTITLED IMPACT FEES: PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR FINDINGS AND DECLARATIONS; PROVIDING FOR THE IMPOSITION OF PUBLIC WORKS, LAW ENFORCEMENT, AND FIRE FACILITIES IMPACT FEES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE ACCOUNTING AND USE OF FUNDS; PROVIDING IMPACT FEE SCHEDULES; PROVIDING FOR REVIEW AND REVISION; PROVIDING FOR CONSTRUCTION OR DONATION OF PROPERTY IN LIEU OF IMPACT FEE PAYMENTS; PROVIDING FOR REFUNDS; PROVIDING FOR APPEALS; SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is hereby creating a new Chapter of the Code Ordinances entitled Chapter 71, Impact Fees: Public Works, Law Enforcement and Fire Facilities; and WHEREAS, the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on May 17, 2007 reviewed said Code Book Chapter 71, Impact Fees: Public Works, Law Enforcement and Fire Facilities and has found it to be consistent with the Comprehensive Plan and is recommending approval; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and deems Code Book Chapter 71, Impact Fees: Public Works, Law Enforcement and Fire Facilities to be in the best interests of the health, safety, and welfare of the citizens of the City. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. Amending the City of Okeechobee Code. That the City of Okeechobee Code shall be amended to add a new Chapter 71 IMPACT FEES to read as follows: ARTICLE I. GENERAL. Section. 71-1. Authority and Applicability. (1) The City of Okeechobee (City) has the authority to adopt this chapter and collect impact fees as provided in this chapter pursuant to home rule powers granted to cities under Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and pursuant to other Florida laws, including sections 163.3201, 163.3202, and 163.31801 Florida Statutes. Page 1 of 14 (2) The City has the power and responsibility to provide services and facilities. Development within the City impacts the capital improvement needed by the City to provide those services and facilities, (3) Planning for capital improvements to serve development that generates additional demand for services and facilities and the subsequent implementation of these plans, is a responsibility of the City. Moreover, such planning is determined by the City Council to be in the best interests of the health, safety, and welfare of the citizens of the City. Section. 71-2. Purpose and Intent. (1) This chapter is intended to implement and be consistent with the goals, objectives and policies of the City Comprehensive Plan. (2) It is a purpose of this chapter to assist in the provision of an adequate level of service in capital facilities, so that development may occur in a manner consistent with the Comprehensive Plan of the City and with Florida law which requires the provision of public facilities concurrent with the impacts of development. Payment of impact fees does not guarantee that the facilities necessary for the development proposed by the payer of the impact fees will meet the requirements of concurrency. (3) It is also the purpose of this chapter to regulate the use and development of land to assure that development bears a proportionate share of the cost of capital improvements that will be necessary to provide capital facilities to adequately serve the future needs of the City and to implement its Comprehensive Plan. (4) The Florida Legislature, through the enactment of the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3201, 163.3202, and 163.31801 Florida Statutes, and the Environmental Land and Water Management Act, section 380.06(16), Florida Statutes, and the entirety of Chapters 163 and 380, respectively, encourages local governments to enact impact fee programs as a part of their land development regulations to implement their comprehensive plans. Section. 71-3. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1) Applicant. A person commencing a land development activity or a change of use or requesting approval of a land development activity or a change of use covered by this chapter. Also includes a person requesting approval of in lieu impact fee payments as provided in this chapter independently of an application for development approval or change of use. (2) Building Permit. Permits issued by the City authorizing the construction or installation of buildings, structures, and other improvements including mobile homes and recreational vehicles. (3) Capital Cost. An expenditure which, under generally accepted accounting principles for local governments, would be considered a one time capital expense. (4) Capital Improvements. Construction costs, planning, engineering, design, surveys, inspection, testing, land acquisition, site improvements, Page 2 of 14 J and other costs associated with the acquisition and construction of facilities that will provide additional capacity. (5) Comprehensive Plan. The comprehensive plan of City of Okeechobee, Florida, adopted pursuant to sec. 163.3161 et. seq. Florida Statutes. (6) City Administrator, The City Administrator of the City of Okeechobee, or a person or persons designated by the City Administrator to carry out a function described in this chapter. (7) City Council. The City Council of the City of Okeechobee, Florida. (8) Dwelling Unit. Single-family and multi -family residential units attached and detached dwellings, houses of conventional or manufactured construction, mobile homes, recreational vehicles and all other structures used for permanent residence, regardless of whether occupied by a tenant or owner. (9) Gross Floor Area. Total area of all floors of a structure measured to exterior walls, including for example halls, stairways, and elevator shafts. Also includes areas where business is conducted outside the walls of the structure. (10) Land Development Activity or Project. Land development or the construction of buildings or structures, or any change of use of land or of a building or structure. (11) Person. Any individual, company, corporation, association, or other legal entity. Section. 71-4. General Findings and Declarations. (1) The City Council hereby finds that development in the City requires additional governmental services and capital facilities. (2) It is the policy of the City Council that new development should pay a pro rata share of capital costs related to the additional services and facilities required to accommodate new development. (3) The City Council, after consideration of the City of Okeechobee Impact Fee Study-2007 together with the experience of other similarly situated communities, hereby finds that impact fees provide a reasonable method of regulating development in the City so that development will pay a pro rata share of capital costs of services and facilities necessary to accommodate that development. (4) Providing an adequate level of facilities and services within the City is essential to and in the best interests of the public health, safety, and welfare of City of Okeechobee. (5) Under the provisions of this chapter, development shall be required to pay a reasonable pro rata share of the capital costs related to the services and facilities made necessary by such development. Development that pays impact fees is not responsible for the public facility needs of existing development that did not pay impact fees and impact fees will not be used to cure existing deficiencies resulting from existing development. (6) It is the policy of the City that an adequate level of service in services and facilities will be provided throughout the City concurrent with the impacts of development, so that development will occur in a manner consistent with the City Comprehensive Plan. (7) Based on the City of Okeechobee Impact Fee Study-2007 the City Council finds that a rational nexus, relationship, and connection exists Page 3 of 14 between the capital costs of Capital Improvements made necessary by development and the impact fees to be imposed on development and collected pursuant to this chapter, and between the expenditure of these funds on Capital Improvements induced by growth and the benefit to the payers of fees. (8) Development impacts the capital cost of providing services and facilities. The City of Okeechobee Impact Fee Study-2007 allocates the capital cost of providing Capital Improvements among various types of land uses and between developments that increase demand on facilities and existing development. (9) This chapter provides for the collection of impact fees for Capital Improvements necessary for the provision of adequate services and facilities needed for development in the City based on and supported by the City of Okeechobee Impact Fee Study-2007. (10) The City Council provides services and facilities on a City-wide basis. By accepting Impact fees, the City Council has an affirmative duty to ensure that Capital Improvements necessary to provide services and facilities that are paid for with impact fees will be of benefit to the payers of those fees. Therefore, impact fees imposed pursuant to this chapter shall be used to pay for those capital costs related to the Capital Improvements that will be required for and which will benefit development in the City. By accepting impact fees the City Council assumes responsibility for, and will pay from revenues other than impact fees, the costs of the Capital Improvement needs of existing development. Section. 71-5. Exemptions. (1) The following shall be exempt from payment of an impact fee: (a) Alterations or expansion of an existing building or structure or a change of use where no additional dwelling units will be produced, where the use will not be changed, and where no additional need for facilities will be generated over and above those generated by the existing building, structure, or use. (b) The construction of accessory buildings or structures or change of use that will not generate additional need for facilities over and above those generated by the principal building, structure or use of the land. (c) The replacement of a demolished or partially demolished building or structure with a new building or structure which will not generate additional need for facilities over and above those generated by the original building or structure, provided that there is no change of use of the land and that the new building or structure is permitted and under construction within five (5) years of the date of demolished and that such construction continues to completion without abandonment, expiration, or loss of permits. (2) Any claim of exemption must be made no later than the time of application for a building permit. Section. 71-6. General Provisions. (1) The applicant shall pay impact fees required by this chapter to the City prior to the issuance of the relevant building permit, certificate of occupancy, other permit, or prior to the change of use necessitating the impact fee payment. (2) If impact fees are owed, no development permit of any type or certificate of occupancy may be issued for the building or structure in Page 4 of 14 question and no construction or change of use shall be allowed while the fee remains unpaid. The City Administrator may authorize the initiation of any action as permitted by law or equity to suspend development activities pending payment or to collect the unpaid fees. (3) The following condition shall be included in each development order approving a zoning, rezoning, plat, subdivision, site plan, building permit, or the issuance of any other development permit: "Approval of this project is conditioned upon payment of all applicable impact fees, as provided in the City of Okeechobee Code." (4) A violation of this chapter is punishable as an ordinance violation as provided in this Code. In addition to or in lieu of any criminal prosecution, the City has the power to sue for relief in civil court to enforce the provisions of this chapter as well as any other method of enforcement provided by the City of Okeechobee Code. Knowingly furnishing false information to the City Administrator or any official who is charged with the collection of impact fees pursuant to this chapter or on any matter relating to the administration of this chapter constitutes a violation hereof. (5) In the case of structures, mobile homes or recreational vehicles that are moved from one location to another, impact fees will be collected for the new location if the structure, mobile home or recreational vehicle constitutes one of the land development uses in the applicable Impact Fee Schedule regardless of whether impact fees had been paid at the old location, unless the use at the new location is a replacement of an equivalent use. If the structure, mobile home or recreational vehicle so moved is replaced by an equivalent use, no impact fee is owed for the replacement use. In every case, the burden of proving past payment of impact fees and of proving equivalency of use, rests with the applicant. (6) No building permit, certificate of occupancy, or other permit shall be issued or change of use of existing improvements allowed, where such improvements to land can generate additional need for facilities, unless and until the applicable impact fee hereby required has been paid. (7) All expenditures of impact fee funds shall be consistent with the principles set forth in Contractors and Builders Association v. City of Dunedin, 329 So. 2d 314 (Fla. 1976), Hollywood, Inc., v. Broward County, 431 So. 2d 606 (Fla. 4th DCA 1983), Home Builders and Contractors Association of Palm Beach County, Inc. v. Board of County Commissioners of Palm Beach Citv, 446 So. 2d 140 (Fla. 4th DCA 1984), cert. denied, 451 So. 2d 848 (Fla.1984), and St. Johns County v. Northeast Florida Builders Association Inc., 583 So. 2d 635 (Fla.1991) and hereafter as such principles are clarified or amended by further Florida case law. (8) The City may impose an administrative charge not to exceed three (3) percent of the impact fee amount in the impact fee schedule to reimburse its actual costs for the collection of impact fees. (9) The applicant may propose a schedule and method for payment of impact fees appropriate to the particular circumstances of the proposed development in lieu of the requirements for payment of the impact fees in this chapter; provided that the City receives acceptable security ensuring payment of the fees prior to the issuance of a building permit. Such security may take the form of a cash bond, surety bond, irrevocable letter of credit, or a negotiable certificate of deposit. Liens or mortgages on lands to be covered by the building permit are not acceptable. Any agreement proposed by an applicant pursuant to this subsection must be approved by the City prior to the issuance of the building permit, certificate of occupancy, or other permit for the applicable improvement. The City may approve such agreements only if it is found that the agreement will Page 5 of 14 apportion the burden of new capital facilities in a just and equitable fashion, consistent with the Florida statutory and case law. (10) The City Administrator shall determine the classification of improvement to be made or land use type in order to apply the correct impact fee in accordance with the applicable Impact Fee Schedule. The following guidelines shall be considered in making such determination: (a) If a building or structure is requested for mixed uses, then the impact fee shall be determined by apportioning the Gross Floor Area committed to uses specified on the fee schedule. (b) If the type of development activity for which a building permit is applied, or change of use is not specified on the fee schedule, the City Administrator shall use the fee applicable to the most nearly comparable type of land development on the applicable Impact Fee Schedule provided the proposed development activity or use can generate additional need for Capital Improvements. (c) In the case of a change of use, redevelopment, or modification of an existing use the impact fee shall be based upon the net increase in the impact fee for the new use as compared to the previous use. No impact fee refund will be granted if a net decrease results. (d) The applicant may submit evidence to the City Administrator demonstrating that the impact fees set out in the Impact Fee Schedule are not applicable to the particular development. Based upon substantial competent evidence the City Administrator may adjust the impact fee to be appropriate for the particular development. (11) The City shall not give impact fee credits for impact fees paid, or Capital Improvements constructed, or dedications or donations of property, except to the extent that such credit was specifically granted by the City to an applicant in a binding written agreement. If an applicant or successor in interest or predecessor in title has agreed in a binding written agreement with the City or other governmental agency not to seek or accept any impact fee credits then it shall not be given impact fee credits, or be eligible for in lieu payments, for the construction of Capital Improvements or the dedication or donation of property required by the agreement. (12) The City shall provide on January 1 of each year, annual financial reports and information showing how the impact fees that have been collected were used as specified in this chapter during the previous fiscal year and how impact fees are planned to be used during the current fiscal year. Section. 71-7. Review and revision. (1) The City shall review the City of Okeechobee Impact Fee Studies at least once every three years and the City shall revise this chapter as necessary. (2) The City Administrator shall recommend adjustments to the Impact Fee Schedule amounts each calendar year as may be necessary to account for changes in the costs of construction and property acquisition. Any adjustments shall be adopted by resolution of the City Council. Unless otherwise directed by the City Council, any adjustments to the Impact Fee Schedules shall be effective the first Monday in October of each calendar Page 6 of 14 year and shall be based on the Engineering News Record (ENR) Construction Cost Index or such other indexes or computations determined by the City Administrator to be suitable for use in the City to reflect the costs of facility construction and land acquisition. Section. 71-8. Refund of impact fees paid. (1) If a building permit or a permit for a mobile home or recreational vehicle expires and if no construction has been commenced, then the applicant or its successors may request, within three (3) months of permit expiration, a refund of the impact fee paid as a condition for its issuance without payment of interest. (2) Any impact fee funds not expended or encumbered by the end of the calendar quarter immediately following five (5) years from the date the impact fee payment was collected, shall, upon application of the current property owner within one hundred eighty (180) days of the expiration of the five (5) year period, be returned to the current property owner with interest at the rate of five (5) per cent per annum. Sections 71-9 through 71-10 reserved. ARTICLE II. PUBLIC WORKS IMPACT FEES. Section. 71-11. Imposition of Public Works Impact Fees. (1) Any person who seeks to make improvements to land which can generate additional demand on Public Works facilities and which requires the issuance of a building permit or certificate of occupancy or other development permit, or who seeks to change the use of improvements to land to a use which can generate additional need for Public Works facilities shall be required to pay a Public Works impact fee in the manner and amount set forth in this chapter. Section. 71-12. Trust account and use of funds. (1) All Public Works impact fee funds shall be used solely for the purpose of Public Works Capital Improvements that will provide additional capacity as provided in this chapter. (2) Public Works impact fee funds collected by the City shall be placed in an interest bearing special trust account until such time as the expenditures authorized by this chapter will take place. Interest proceeds from these funds will accrue to the special trust account. Impact fee funds must be expended or encumbered by the City within five (5) years from the date of collection for Public Works Capital Improvements that increase capacity as provided in this chapter. Public Works impact fee funds shall not be used for operations or maintenance. Section. 71-13. Public Works Impact Fee Schedule. (1) The amount of the Public Works impact fees shall be as indicated in the Public Works Impact Fee Schedule attached as Exhibit "A" to this Ordinance creating this Article and incorporated herein by reference. The Public Works Impact Fee Schedule is subject to revision in accordance with the provisions of Section 71-7. (2) If the Public Works impact fee has been calculated and paid based on error or misrepresentation, it will be recalculated and the difference refunded to the original applicant or paid by the original applicant to the City as applicable. Page 7 of 14 Section. 71-14. Construction or donation of property in lieu of impact fee payments. (1) In lieu of all or part of the Public Works impact fee, the applicant may offer to construct Public Works Capital Improvements, or dedicate or donate property for a Public Works Capital Improvement that will provide additional Public Works facility capacity. (2) The applicant shall submit an estimate of the cost of a proposed Public Works Improvement certified by a registered Florida professional engineer acceptable to the City and an appraisal of the fair market value of a proposed dedication or donation of property prepared by a state certified general appraiser who is a member of the Appraisal Institute (MAI), acceptable to the City. (3) If it finds the offer acceptable, the City may enter into an agreement with the applicant to apply the cost of the construction of Public Works Capital Improvements and fair market value of the property dedication or donation to the Public Works impact fee otherwise due. The portion of the impact fee represented by the construction of Public Works facilities or property dedication or donation shall be considered paid when the construction or dedication or donation is completed and accepted by the City (or other governmental entity as may be approved by the City) for maintenance or when adequate security for the completion of the construction has been provided. Sections 71-15 through 71-20 reserved. ARTICLE 111. LAW ENFORCEMENT IMPACT FEES. Section. 71-21. Imposition of Law Enforcement Impact Fees. (1) Any person who seeks to make improvements to land which can generate additional demand on Law Enforcement facilities and which requires the issuance of a building permit or certificate of occupancy or other development permit, or who seeks to change the use of improvements to land to a use which can generate additional need for Law Enforcement facilities shall be required to pay a Law Enforcement impact fee in the manner and amount set forth in this chapter. Section. 71-22. Trust account and use of funds. (1) All Law Enforcement impact fee funds shall be used solely for the purpose of Law Enforcement Facility Capital Improvements that will provide additional capacity as provided in this chapter. (2) Law Enforcement impact fee funds collected by the City shall be placed in an interest bearing special trust account until such time as the expenditures authorized by this chapter will take place. Interest proceeds from these funds will accrue to the special trust account. Impact fee funds must be expended or encumbered by the City within five (5) years from the date of collection for Law Enforcement Facility Capital Improvements that increase capacity as specified in this chapter. Law Enforcement impact fee funds shall not be used for operations or maintenance. Sec. 71-23. Law Enforcement Facilities Impact Fee Schedule. (1) The amount of the Law Enforcement impact fees shall be as indicated in the Law Enforcement Impact Fee Schedule attached as Exhibit "B" to this Ordinance creating this Article and incorporated herein by reference. The Law Enforcement Facilities Impact Fee Schedule is subject to revision in accordance with the provisions of Section 71-7. Page 8 of 14 (2) If the Law Enforcement impact fee has been calculated and paid based on error or misrepresentation, it will be recalculated and the difference refunded to the original applicant or paid by the original applicant to the City as applicable. Section. 71-24. Construction or donation of property in lieu of impact fee payments. (1) In lieu of all or part of the Law Enforcement impact fee, the applicant may offer to construct Law Enforcement Facility Capital Improvements, or dedicate or donate property for Law Enforcement Facility Capital Improvements that will provide additional capacity. (2) The applicant shall submit an estimate of the cost of a proposed Law Enforcement facilities capital improvement certified by a registered Florida professional engineer acceptable to the City and an appraisal of the fair market value of a proposed dedication or donation of property prepared by a state certified general appraiser who is a member of the Appraisal Institute (MAI), acceptable to the City. (3) If it finds the offer acceptable, the City may enter into an agreement with the applicant to apply the cost of the construction of Law Enforcement Facility Capital Improvements and fair market value of the property dedication or donation to the Law Enforcement impact fee otherwise due. The portion of the impact fee represented by the construction of Law Enforcement facilities or property dedication or donation shall be considered paid when the construction or dedication or donation is completed and accepted by the City (or other governmental entity as may be approved by the City) for maintenance or when adequate security for the completion of the construction has been provided. Sections 71-25 through 71-30 reserved. ARTICLE IV. FIRE IMPACT FEES. Section. 71-31. Imposition of Fire Impact Fees. (1) Any person who seeks to make improvements to land which can generate additional demand on fire facilities and which requires the issuance of a building permit or certificate of occupancy or other development permit, or who seeks to change the use of improvements to land to a use which can generate additional need for Fire Facilities shall be required to pay a Fire impact fee in the manner and amount set forth in this chapter. Section. 71-32. Trust account and use of funds. (1) All Fire impact fee funds shall be used solely for the purpose of Fire Facility Capital Improvements that will provide additional capacity as provided in this chapter. (2) Fire impact fee funds collected by the City as provided in this chapter shall be placed in an interest bearing special trust account until such time as the expenditures authorized by this chapter will take place. Interest proceeds from these funds will accrue to the special trust account. Impact fee funds must be expended or encumbered by the City within five (5) years from the date of collection for Fire Facility Capital Improvements that increase capacity as provided in this chapter. Fire impact fee funds shall not be used for operations or maintenance. Section. 71-33. Fire Impact Fee Schedule. Page 9 of 14 (1) The amount of the Fire impact fees shall be as indicated in the Fire Impact Fee Schedule attached as Exhibit "C" to this Ordinance creating this Article and incorporated herein by reference. The Fire Impact Fee Schedule is subject to revision in accordance with the provisions of Section 71-7. (2) If the Fire Impact Fee has been calculated and paid based on error or misrepresentation, it will be recalculated and the difference refunded to the original applicant or paid by the original applicant to the City as applicable. Section. 71-34. Construction or donation of property in lieu of impact fee payments. (1) In lieu of all or part of the Fire Impact Fee, the applicant may offer to construct Fire Facilities Capital Improvements, or dedicate or donate property for a fire facilities capital improvement that will provide additional capacity. (2) The applicant shall submit an estimate of the cost of a proposed fire facility improvement certified by a registered Florida professional engineer acceptable to the City and an appraisal of the fair market value of a proposed dedication or donation of property prepared by a state certified general appraiser who is a member of the Appraisal Institute (MAI), acceptable to the City. (3) If it finds the offer acceptable, the City may enter into an agreement with the applicant to apply the cost of the construction of Fire Facilities Capital Improvements and fair market value of the property dedication or donation to the fire impact fee otherwise due. The portion of the impact fee represented by the construction of fire facilities or property dedication or donation shall be considered paid when the construction or dedication or donation is completed and accepted by the City (or other governmental entity as may be approved by the City) for maintenance or when adequate security for the completion of the construction has been provided. Sections 71-35 through 71-40 reserved. SECTION 2. Applicability. This Ordinance shall apply within the City of Okeechobee. SECTION 3. Severability. It shall be the legislative intent that if any section, subsection, or sentence, clause, or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. SECTION 4. Codification. The sections, subsections, paragraphs and other divisions contained in this Ordinance may be re- numbered for incorporation or consistency with any existing or future codification of the Ordinances of City of Okeechobee, Florida, SECTION 5. Effective date. This ordinance shall become effective 91 days after adoption. Page 10 of 14 INTRODUCED for first reading and set for final public hearing on this 15T" day of May, 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 51h day of June, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 11 of 14 EXHIBIT A Table A-3 - City of Okeechobee Public Works Impact Fee Schedule Proposed Unit of City Land Use Type Measure I Impact Fee Residential Single Family (and MH on sf Lot) per unit $745 Multi -Family Apartment per unit $812 Mobile Home (MHP and RVP) per unit $677 Hotel per room $177 Office, Institutional, and Recreational Office 1,000 sq. ft. $125 Medical, Dental Office 1,000 sq. ft. $125 Hospital 1,000 sq. ft. $177 Bank (with Drive-Thru) 1,000 sq. ft. $177 Church/Synagogue 1,000 sq. ft. $125 LibraryDA RAFT 1,000 sq. ft. $125 Nursing Home 1,000 sq. ft. $177 Day Care Fof, Revic�v (Di 11 1,000 sq. ft. $125 Elementary School 1,000 sq. ft. $114 Middle School 1,000 sq, ft. $114 High School 1,000 sq. ft. $114 Recreation acre $12 Industrial Light Industrial 1,000 sq. ft. $177 General Industrial/Warehouse 1,000 sq. ft, $177 Mini -warehouse 1,000 sq. ft. $177 Manufacturing 1,000 sq. ft, $177 Commercial/Retail Restaurant 1,000 sq. ft. $177 Fast Food Restaurant w/drive-thru 1,000 sq. ft. $177 Convenience Store 1,000 sq. ft. $177 Convenience Store w/Gas Pumps 1,000 sq. ft. $177 Service Station w/ Conv. Store 1,000 sq. ft. $177 Pharmacy w/drive-thru 1,000 sq. ft. $177 New Car Sales 1,000 sq. ft. $177 Shopping Center (Retail) 1,000 sq, ft. $177 Page 12 of 14 EXHIBIT B Table A-2 - City of Okeechobee Law Enforcement Impact Fee Schedule Proposed Unit of Land Use Type Measure Impact Fee Residential Single Family (and MH on sf Lot) per unit $356 Multi -Family Apartment per unit $112 Mobile Home (MHP and RVP) per unit $114 Hotel per room $180 Office, Institutional, and Recreational Office 1,000 sq. ft. $30 Medical, Dental Office 1,000 sq. ft. $30 Hospital 1,000 sq. ft. $30 Bank (with Drive-Thru) 1,000 sq. ft. $30 Church/Synagogue 1,000 sq. ft. $30 Library 1,000 sq, ft. $30 Nursing Home Beds $30 Day Care For Peviev" € illy 1,000 sq. ft. $30. Elementary School 1,000 sq. ft. $30 Middle School 1,000 sq. ft. $30 High School 1,000 sq. ft. $30 Recreation acre $8 Industrial Light Industrial 1,000 sq. ft. $18 General Industrial/Warehouse 1,000 sq. ft. $18 Mini -warehouse 1,000 sq, ft. $18 Manufacturing 1,000 sq. ft. $18 Commercial/Retail Restaurant 1,000 s;q. ft. $121 Fast Food Restaurant w/drive-thru 1,000 sq. ft. $121 Convenience Store 1,000 sq. ft. $121 Convenience Store w/Gas Pumps 1,000 sq. ft. $121 Service Station w/ Conv. Store 1,000 sq. ft. $121 Pharmacy w/drive-thru 1,000 sq. ft, $121 New Car Sales 1,000 sq. ft. $121 Shopping Center (Retail) 1,000 sq ft. $121 Page 13 of 14 EXHIBIT C Table A-1 - City of Okeechobee Fire Impact Fee Schedule Residential Single Family (and MH on sf Lot) Ntulti-Family Apartment Mobile Home (MHP and RVP) Hotel Institutional, and Recreational Office Medical, Dental Office Hospital Bank (with Drive-Thru) Church,/Synagogue Library Nursing Home R". A F T Day Care: D Elementaiy School For iRevic-,,., Cnl,� Middle ScPiool High Schoc?I Recreation Industrial Light Industrial General Industrial/Warehouse Mini -warehouse Manufacturing Commercial/Retail Restaurant Fast Food Restaurant w/drive-thru Convenience Store Convenience Store WGas Pumps Service Station w/ Conv. Store Pharmacy w/drive-thru New Car Sales Shopoina Center (Retail) Page 14 of 14 per unit per unit per unit )er room 1,000 sq, ft. 1,000 sq. ft. 1,000 sq. ft. 1,000 sq. ft. 1,000 sq. ft. 1,000 sq. ft. Beds 1,000 sq. ft. 1,000 sq, ft. 1,000 sq, ft, 1,000 sq. ft. 1,000 sq. ft. 1,000 sq. ft. 1,000 sq, ft. 1,000 sa. ft. 1,000 sq. ft. 1,000 sq, ft. 1,000 sq. ft. 1,000 sq. ft. 1,000 sq, ft. 1,000 sq. ft. 1,000 sq. ft. 1,000 so. ft. $405 $316 $295 $67 $129 $144 $129 $129 $129 $129 $129 $129 $129 $13 $70 $65 $65 $70 $144 $144 $144 $144 $144 $144 $144 $144 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 A_� To: City of Okeechobee, Local Planning Agency From: James G. LaRue, AICP Date: May 4, 2007 Subject: Impact Fee Ordinance This memo is in regard to Comprehensive Plan consistency of the proposed Impact Fee Ordinance. The proposed ordinance is consistent with the City of Okeechobee Comprehensive Plan. The subject matter of the ordinance is addressed in the Comprehensive Plan in Objective 3 of the Capital Improvements Element which states: 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. This Ordinance basically implements the concept that new development will create infrastructure needs and therefore should contribute to the revenue side of the equation via impact fees. JGL:lk cc: Brian Whitehall, City Administrator John Cook, City Attorney Lane Gamiotea, City Clerk Betty Clement, General Services Coordinator EXHIBIT NO. EXHIBIT N0, ORDINANCE NO. 986 JUN 5 - IST REA B JUL 3 -,FINAL AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Mr. Muhammad Nooruddin, on behalf of property owner(s) A.M.S.A. Holdings, LLC, of the property more particularly described hereafter, has heretofore filed Petition No. 07-004-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.64 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on May 17, 2007, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 3 THROUGH 6 OF BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family (RSF-1) Zoning District to Commercial Professional Office (CPO) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6. Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 5 th day of June, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 3rd day of July, 2007, ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3`' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Fax: Date: 3 O Petition No. r 3 j' — 4f Fee Paid: J`O �!� Jurisdiction: c4 1st Hearing: /f df 2ndHearing: Publication : D Dates - Notices Mailed: Uniform Land Use Application Rezone • Special Exception • Variance ✓ Name of property owner(s): )1(l. lj , /� ., jJt (,�tt� 1,L-c A Owner mailing address: 1 - 0, q ►l � C1 kaet abez FL _3y J 73 P P Name of applicant(s) if other than owner (state relationship): L I Applicant mailing address: C A Name of contact person (state relationship): M jAkc yy"a-d Alopa-c-io) i /0 N T q Contact person daytime phone(s): 6 67 7'7 Fax: 963 - 763- 6 6 1 /. ✓ Property address / directions to property: Q g v . L "e- _ Indicate current use of property: g; V1 cpvh Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Approximate number of acres: is property in a platted subdivision? Is there a current or recent use of the propem that isiwas a violation of count, ordinance" If so_ describe 1' I� Jif 0 P E R T Y Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: {�j Q/V L? Is a sale subject to this application being granted? P %0 Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land �uses , �/ improvements to the North: South: VA1+pf ` tits r„r ft} _ East: i C dZrytYne�rC,,X West: (��r.vi tr�G4e G�Y1�►rvr Existing zoning: Future Land Use classification: ee M Actions Requested: Rezone Special Exception Variance Parcel Identification Number Confirmation of Information Accuracy i hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. III) P Si`na m e Printed Name Date 101-as Uniform Land Use Application (rev_ 1/03) Page 1 of 2 Current zoning classification: 5 Requested zoning classification : C R E Z What is your desired permitted use under the proposed classification: &UYY1'7Y,,e/Y t`/A O N If granted, will the new zone be contiguous with a like zone? �I E I Is a Special Exception necessary for your intended use? /\/ 0 Variance? Describe the Special Exception sought: , S P E C j C i Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T 1 C> — ( If l,l leil\ deurnbr iiaune m,ludinL, number of employ ces- hour,. noise luenera[w�m and actin-wI to he - U! a Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessa : 1 A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev 1/03) Page 2 of 2 (� �'V' `�� � �� ,. ` �� . � u �� ��J �6������ 03/16/07 TO WHOM IT MAY CONCERN: A.M.S.A HOLDING LLC ALLOWS MUHAMMAD NOORUDDIN TO REPRESENT US IN FRONT OF THE BOARD OF OKKECHOBEE FOR REZING AND LAND CHANGE APPLICATION. J c SAEED A. KHAN MUHAMMAD NOORRDDIN M KHAN SHAHNAZ 70 DDIN NOTARY PUBLIC THIS INSTRUMENT PREPARED BY AND RETURN TO: Shannon Kelly Elite Title, Inc. 311 NE 2nd Street Okeechobee, Florida 34972 Property Appraisers Parcel Identification (Folio) Numbers: 3-15-37-35-0010-00780-0050 Space Above This Line For Recording Data THIS WARRANTY DEED, made the 16th day of.February, 2007 by William S. Welder, a single man, whose post office address is 608 NE tad Avenue, Okeechobee, FL 34972 herein called the grantor, to AALS.A. Holdings LLC , whose post office address is 906 SW Lighthouse Drive, Palm City, FL 34990, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in OKEECHOBEE County, State of Florida, viz.: LOTS 3, 4, 5, AND 6, BLOCK 78, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to easements, restrictions and reservations of record and taxes for the year 2007 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining TO HAVE AND TO HOLD, the same in fee simple forever AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Sil_ ned, sealed and delivered in the presence of Witness 41 Signature d ' --- 5hl:,n n � Witness # I Printed Name Witness 42 Signature I Witness #2 Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE G William S. Welder OFThe foregoing instrument was acknowledged befo e me this day of February, 2007 by William S. Welder who is personally known to me or has produced bti t tJ-24--) as identification. SEAL SHANNON MLLHOL N t Notary Public, State My Comm. Explres June.' 61ic Comm. No. DD 332394 i Printed Notary Name My Commission Expires: SHANNON MULHOLLAND C"ON—N-1-1, Notary Public, Stale of Florida MyCommExpires June 24, 2()a8 Comm. No. DD 332394 File No 07-3267 N aar ,76' E acnoc7u zoaoo (P) _ ._ _ mmni rmaml rmap' roaa>ryl�rmmryl -�� DfSCRlP770N.• jL07S $ 41 5 AND 6, BLOCK 7$ dTY OF OKEECHDBEE ACCOROWG 70 7HE PLAT THER£Gl'' AS REL7APDED W PLAT BOCi1' ,� PACF OF 7H£ PUBUC EIECQVDS OF OA2FCHOBEE L1NW7Y, fZC19/0A - 4 t 3 IS r � 3 PROJECT .¢°£C/F7C NOTES A 1) UMM SHONW OMOWS& ALL DMENS/CWS ARE PLAT(P) AND MEASURM(M). roPn6cra a B 7) 17E ADDRESS 605 NE ZND AVVVUE ru 'i cavynxrs .rep sa ncncs i 8 3) PARCQ /R J-15-37-35-DO70-007B0-0050 N 4) 7HE5CX/P DE770N -WOWHER£CW WAS PRONDID BY THE CLIENT L1P 7HE awa-s RDwsjgivrA774E ., �" 1 5) B£ARWG REFERENCE• 7H£ AVR7H LWE CF BLDdC 7B LS TAKEN 70 BEAR AADRIH 89Y7'-V' £AST. i 6) fI.RJ/. 74YE' ZONE UNDE7ERM/NED, PARCEL LIES B17HW lFl£ LN2�'diOBEE d7y L4Y7S 7) MS SU,?WY W Nor I' 70 DEPICT aVR/ST/C710NAC AREAS OR DINER AREAS OF LOCAL CONCERN mw� Pq 8) 7HE SURYE'1' OEP/C7ID HERE IS NOT A76ERED BY PRU ES9L4V,1L UABg/7y pV9.RANCE A0DQyaNs a? .71 _ m ( I (q CONSENT 7Hf 9dONG PARTY OR AN 7HZ SGNWG PARTY QR PAR77EY IS PRWOB/7FD - _ m?I rmmryJirmm/iJ _. -- _-_— I�i s d9• ofi' -- r 9) DA 7E CF LAST FIELD SURIEY 01/08/07 PROJECT SPEGf7C LEGEND:. .. I�,•��t1,,r,..x'-' BPP - MR'67 POWN POLE B PREPARED FOR 7H£ EXCCUS/VE USE OF, R.• 3 .I A.M.SA. HOLDINGS LLC. GULF57REAM BUSINESS BANK ELITE 7I7L4 INC 66TT�i 44AA . le 77CDR 777LE 1AWRANCE COMPANY I I �Pr1 �p�T1 REY5E PREPARED FOR NAMES BD[1N - 9'SC1RiEArpa `!!Yr. 02/ra/07 Ot 09 07 N A 205 46-48 WC WC KAB HAB y�1 � Lr�rPJOIJ yy� ORAW/NG NUY9[M IECENo S ANOM, we'T.S O-Sel Ire. Rod and Cap 1Ms'S 67r9 .-F.— Cu rxo.de loa d.temRieBm et omeMlp v rabkama oM.ctMq qe Ipnae a °N TRADEWMS PROFESSIONAL SERVICES, INC. FFwnd Iron Rod (entl Cop) ,-ceurre pq. Ipn� COPI n.wyor. % a ey •l y:,�` pert SURVEYORS AND MAPPERS Yy-.R0.9R.REM.AT�Or,2 .en ` C.n.x'vt -p.e a onn . [�..w cr• . �y"=u:..e ♦ �"m.bm.a 1 �xJpmWnan.d. 1, ,:d- w 20S.W.ua .. ~ro- w`ir.a n +r.�. w f:: v'w1�-ir.1 r., , s m e. , �,vt a •r=oocnm.,b ..wt eno.n. rv.w =.ra y♦eao. °. ^ a nam9mp.d Y.prosw.mmm ma/m maope.mmb (n mr) eo ppR or e0 Oke , r }1. Av rh 6e 34 34274 sue..M>w,o.:a 7. map .N t.Nnlco rtmeaad° ntoEllanN by U. Tl ( e563) 7B3-2B87 6t P d ,: ,.., .r uoPpra+ GePI.+ GI7-6, J-6, FAO) pNfumt to Scum 4J20T/, 'and. ( ,.s.:° s1`r s.rvn. n...., m .a.n... srt.. ,r.�•Y ,�, 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: info(a),larue-planning.com Sbff Report Prepared for: The City of Okeechobee Applicant: A.M.S'A. Holdings, LLC From: RSF To: CPO Petition No. 07-004 R Staff Report Applicant: A.M.S.A. HOLDINGS, LLC Rezoning Request Petition No.: 07-004-R Location: 608 NE 2od Avenue Legal Description: Lots 3, 4, 5, and 6, Block 78, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book S, Page Public Records of Okeechobee County, Florida. Applicant is requesting a rezoning for the above shown property from RSF-1 to CPO. The applicant would like to use the subject property as a home health office. Adjacent Districts: North::, Future Iamd.Use Map Classification:' Industrial Zoning District: IND Existing land, Use: UchicI sales and open storage.; . . East: Future Land Use Map Classification: Zoning District. - Existing Land Use: South: Future Land Use Map Classification Zoning District: Existing Land Use: Commercial' CPO Church Commercial and Single Family CPO and RSF-1 Vacant Staff Report Applicant: A.M.S.A. HOLDINGS, LLC Rezoning Request Petition No.: 07-004-R t1i1 La[Ld��lSstf CaFCTh , COTi1Xn�ZGI_41.u... ..a _. x Zoning District: CHV r s,-i,5 The applicant is proposing to rezone the property to CPO to allow commercial uses on the subject property. The property is developed with a vacant single family residence that the applicant is proposing to convert into a home health office. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed zoning is not contrary to the general Comprehensive Plan requirements for properties classified as Commercial on the Future Land Use Map. Additionally, the requested zoning change to CPO would be most compatible with this specific neighborhood as there are already properties on this Block with the same zoning and being used in a similar way. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use being applied for is authorized under the Zoning District in the Land Development Code. 3. The proposed use will not have an adverse of ect on the public interest. An office use will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The CPO zoning and the proposed use as a home health office as requested by the applicant is appropriate for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and would be accommodated in the CPO District. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed rezoning to CPO will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. 2 Staff Report Applicant: A.M.S.A. HOLDINGS, LLC Rezoning Request Petition No.: 07-004-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The office use can be suitably buffered from surrounding uses if necessary. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. They proposed change will not constiodc a grant of special privilcge to an indii-idt-tal oirncr as contrasted with the ht-tblic ii cl fare. The proposed zoning change to CPO will not be granting a special privilege to the owner. Summary and Conclusions Prior to Certification The applicant's request to CPO zoning will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Recommendation Staff recommends approval of the request to allow rezoning from RSF to CPO permitting the applicant to convert the existing use from a single family residence to a home health office. Submitted by James G. LaRue_ AICP Planning Consultant April 11, 2007 MAY 17, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 10 OF 16 AGENDA ACTION - DISCUSSION - VOTE is V. PUBLIC HEARING CONTINUED. D. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-008-SSA continued. Application will be forwarded in ordinance form for a final Public Hearing on June 5, 2007 before City Council. E. Consider Rezoning Petition No. 07-004-R submitted by Muhammad Nooruddin on behalf of owner A.M.S.A. Holdings, LLC to change the zoning designation from Residential Single Family -One (RSF-1) to Commercial Professional Office (CPO) for property located at 608 Northeast 2nd Avenue. Legal description: Lots 3 through 6 of Block 78, City of Okeechobee Subdivision, and is approximately 0.64 acre(s). This petition is associated with Comprehensive Plan Small Scale Future Land Use map Amendment Application 07-006-SSA - Planning Consultant. Board Member Burroughs made a motion to postpone the Future Land Use Amendment Application No. 07-008-SSA; seconded by Board Member McCoy. VOTE LEDFERD-YEA HOOVER -YEA KELLER-ABSENT MCCOY-YEA BURROUGHS-YEA JOHNS -ABSENT JUAREZ-YEA MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. Application will not be forwarded to the June 5, 2007 City Council. meeting as there was no recommendation. Consider Rezoning Petition No. 07-004-R submitted by Muhammad Nooruddin on behalf of owner A.M.S.A. Holdings, LLC to change the zoning designation from Residential Single Family -One (RSF-1) to Commercial Professional Office (CPO) for property located at 608 Northeast 2°d Avenue. This petition is associated with Comprehensive Plan Small Scale Future Land Use map Amendment Application 07-006-SSA. Application was postponed from the April 19, 2007 regular meeting. Mr. LaRue reported that he spoke with the applicant and he wants to stay with the CPO Zoning. LaRue Planning Staff recommends approval of the rezoning, finding it consistent with the Comprehensive Plan. Chair Ledferd asked whether the applicant wished to speak. He stated that he wanted to stay with CPO Zoning. Chair Ledferd if there were further comments from the Board or the public? There were none. Vice Chair Hoover made a motion to recommend to the City Council approval of the request to allow rezoning from RSF-1 to CPO on Petition No. 07-004-R as it is consistent with the City's Comprehensive Plan; seconded by Board Member McCoy. VOTE LEDFERD-YEA HOOVER -YEA KELLER-ABSENT MCCOY-YEA BURROUGHS-YEA JOHNS -ABSENT JUAREZ-YEA MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on June 5, III Application will be forwarded in ordinance form for a final Public Hearing on June 5, 2007 before City Council. 2007 before City Council. EXHIBIT NO. 5 JUN 5 - IST READ EXHIBIT NO. JUL 3 -FINAL J MEMORANDUM To: Mayor Kirk and Council Members From: John R. Cook, City Attorney Subject: PUD Ordinance Date: May 30, 2007 In my review of the proposed PUD ordinance, I have a couple of suggestions for amendments that I have discussed with Bill at LaRue planning, which are as follows: ■ In Section 90-422 under permitted uses in PUD-R applications, I would suggest adding as specific permitted uses, any clubhouse, common meeting area, recreation area or structure that may be provided as an amenity by the developer. Bill would have specific language for that. ■ In Section 90-424(2), 1 see that language as too vague and open-ended; it provides a laundry list of objectionable circumstances to deny a PUD-R application that are not compatible with our comprehensive plan. For example, if the developer could provide traffic circulation elements and drainage elements that complied with the comp plan, this section as written would seemingly permit denial of an application for "excessive production" of traffic and water run-off, in the opinion of the City, even though the developer had met these requirements. I would suggest a language change for this section to read as follows: Compatibility and relationship to adjacent property. The approval process of development in PUD-R districts shall take into consideration the existing uses and development adjacent to the district. The development shall be designed and located so as to avoid incompatibility with adjacent development. This shall be determined by requiring the applicant/developer to provide documentation that the location, design, final site plan, and PUD-R ordinance, as reviewed at each stage of the approval process in the City, will result in a development that complies with all existing ordinances and regulations, whether local, State or Federal, including but not limited to those that regulate the flow of traffic, drainage, water run-off, and that of public nuisance, noise and vibration as set out in Chapter 30, Code of Ordinances. LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: May 30, 2007 TO: City Council FROM: Bill Brisson RE: Proposed PUD ordinance and regulations At its meeting on May 17, 2007, the Planning Board recommended to the City Council adoption of the new Planned Unit Development regulations as set forth in the attached ordinance. In this regard, the following materials will provide you with a brief explanation of the substan- tive changes included in the new ordinance. SUMMARY OF MAJOR CHANGES PROPOSED TO THE CURRENT PLANNED UNIT DEVELOPMENT PROVISIONS There are two major areas of change. The first involves refinement of the current PUD, which is now proposed to be called the mixed -use PUD. This PUD is located under Division 12 and the changes to this section are primarily to ensure that the mixed -use PUD is in conformance with the City's large scale comprehensive plan amendment to add a mixed use land use category, and which amendment is in the process of the compliance review. The second major change, and the primary basis for amending the City's PUD regulations, is to add an entirely new PUD district. This is the PUD-R district which allows only residential use, accessory uses and recreational, public and semipublic uses. The following briefly describes the substantive additions and changes to the current regulation to accommodate this new district. These regulations are contained in Division 13, and are summarized herein. 1. The current regulations do not provide a clear statement of the purpose of the PUD. A statement of the purpose and intent of the Residential PUD district (PUD-R) is included in Sec. 90-421. 2. In addition to the 5-acre minimum size, a minimum of 100 feet of frontage is required to ensure that there is adequate access to the property from a public roadway [Sec. 90-423(1)]. 3. Density will only be calculated on privately owned property and excludes public streets existing prior to the rezoning to PUD [Sec. 90423(2)]. 4. A provision has been added limiting the maximum building dimension to 160 feet to avoid single buildings that are out of character or scale with the community [Sec. 90-423(4)]. 5. There will be no individual minimum lot sizes or minimum yards for property within the PUD, but buildings must be separated by a minimum of 12 feet. The proposed minimum separation is less than now currently required when multiple buildings are located on a single parcel [Sec. 90-423(6)]. 6. In order to ensure that residential PUDs are not too crowded and provide for an adequate living environment in conformance with the intent of the PUD district, minimum open space requirements are proposed, with limitations as to how much of the required open space can be in the form of lakes or retention areas [Sec. 90-423(8)]. 7. Improved recreation area required when the PUD includes portions of the development that are likely oriented towards families (based on the number of units with two or more bedrooms) [Sec. 90-423(9)]. 8. General development review standards are included that will be used in evaluating the conceptual planto determine if the initial request for a rezoning to the PUD-R district should be approved and in reviewing conceptual and fmal site plans [Sec. 90-424]. 9. A provision describing the status of an approved PUD and explaining that development may only be undertaken in conformance with the approved conceptual site plan has been added [Sec. 90-434]. 10. Application requirements and contents of the application package, and other necessary requirements and conditions are set forth in Sections 90435 and 90436. These requirements are similar to those used by Okeechobee County and other local governments throughout the State. 11. The review and approval process for rezoning to either PUD district is described in Sec. 90-437 and mirrors the process now used in the City. 12. Section 90-438 describes the manner and conditions under which an approved PUD may be amended. Finally, we have spoken with the City Attorney since the Planning Board meeting on May 17'h and discussed certain issues about which he has some concerns. We understand his concerns and are in agreement with the proposed changes. 2 ORDINANCE NO.989 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 90-401 OF THE LAND DEVELOPMENT REGULATIONS SECTION _ _ 90-402 OF THE LAND DEVELOPMENT REGULATIONS, SECTION.90-403 OF _ THE LADEVELOPMENT REGULATIONS, SECTION 90-404 OF THE LAND _ _ _ DEVELOPMENT REGULATIONS, SECTION 90-405 OF THE LAND DEVELOPMENT REGULATIONS, SECTION 90-406 OF THE LAND --------- DEVELOPMENT REGULATIONS, AND SECTIONS907407 T0,90-440 OF THE LAND DEVELOPMENT REGULATIONS, 'REVISING THE PLANNED. UNIT -�: DEVELOPMENT (PUD) DISTRICT AND ADDING DIVISION 13 FOR THE RESIDENTIAL PLANNED UNIT DEVELOPENT (PUD-R) DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for planned unit development zoning districts withinahe City; and WHEREAS, upon review of same, the City of 'Okeechobee, through staff analysis, has determined that current PUD regulations do,not adequately safeguard the City's interest and promote improved development patterns; and WHEREAS, the City of Okeechobee has determined that setting forth specific regulations for a comprehensive set of regulations for residential planned unit developments are in the best interests of the City of Okeechobee, and an appropriate and necessary promulgation of its authority; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. Sections 90-401, 90-402, 90-403, 90-404, 90-405, 90-406, and 90-407-- Deleted: 90-440 of Ordinance No. 716 be amended as follows: — — — - DIVISION 12. MIXED -USE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT Sec.90-401. Generally. (a) Provision is made for mixed -use planned unit development (PUD) zoning districts in which diverse residential, commercial, institutional or recreation uses may be brought together under a unified plan of development which is in the interest and general welfare of the public. (b) Mixed -use PUD zoning districts shall be permitted only on land designated as mixed -use in the comprehensive plan. DRAFT for discussion purposes only. Page 1 of 12 Revised per meeting of May 17, 2007 A G9RGGPtual 60te plan of the pi:op%ed development shall be submitted and (do. Jn addition to the requirements and limitations of Section 90-401 through 90-_ _ Deleted A 406, a mixed -use PUD shall comply with all limitations and standards set ¶ :' forth in Policy 2.1 of the Future Land Use Element of the Comprehensive Plan. (LDR) 1998, § 430) Sec. 90-402. Permitted uses. Xee}i vith"next,.Keep "-" [lines together The following principal uses and structures are permitted in the mixed -use PUD district: (1) Attached and detached,�in_g e_familydwellings; _ _ - Deleted: S (2) Zero lot line single-family dwellings:" Deleted: (3) Two-family dwellings. (4) Town homes. Formatted: Bullets and Numbering (5) Multiple -family dwellings.,"_;; (6) Adult family care homes" or assisted living facilities. (7) Day care center, nursing home. (8) Professional office, business office, medical office. " (9) Retail store, retail service. 1f 0) Restaurant. 11 Personal service, dry cleaner. 12 Mechanical and repair services: 13 Auto service station. 14 Private club, nightclub. 15 Hotel, motel (16) jCraft studio. - - Mobil Deleted: <#>e home park¶ (17) Business school. <#>Recreational vehicle park.¶ (18) Commercial indoor recreation. (19) Outdoor recreation, commercial outdoor recreation, golf course. (20) Marina. (21) Community center. (22) School. (23) House of worship (24) Public facility or use (25) Open space. (26) Public utility. (LDR 1998, § 431) Sec. 90-403. Special exception uses. Special exception uses in the mixed -use. PUD_ district are permitted uses_ in _ _ Formatted: Underline excess of 45 feet in height. (LDR 1998, § 432) Sec. 90-404. Customary accessory uses. Each permitted principal use in the mixed -use PUD district is also permitted to have the customary accessory uses for that use. (LDR 1998, § 433) Sec. 90-405. Area, lot and structure requirements. Area, lot and structure requirements in the mixed -use PUD district are as follows DRAFT for discussion purposes only. Page 2 of 12 Revised per meeting of May 17, 2007 (1) Minimum PUD area Minimum size of mixed -use planned unit devel- opment zoning district shall be: 0 acres peleted:5 (2) Maximum vp erail density in a mixed -use PUD district shall not _ _ - Fpe� ;Pao exceed 7.5 dwelling units per gross acre. ------------- ........................... ---- (3) Minimum lot area. ---- ------------- - ;Deleted Fgligwingrrethemaximurn All uses: Area As appropriate to the use densities permmed 1( 11 Width As appropriate to the use �� ResidenrigWningrbsOk Typeof Housing errsily� (4) Minimum yard requirements. Single-family: PUD Conventional 4 PUD district yard minimum: 20 feet on all property dwelling units per acres; boundaries single-family PUD :;Affordable All uses: Front A"s appropriate to the use housing 11 Side As appropriate to the use programs 5 dwelling units per acre¶ Rear As appropriate to the use Single-famiy. PUD Mobile home park 6 dwelling units per,acre¶ , 5 Multifamily PUD, . C, nventional'aim O Maximum lof coverage. " housing typos. 10. dwelling units:. Maximum Coverage Maximum Impervious Surface per acre¶ All uses 40 percent 60 percent Multifamily PUD . Affordable - programs aim (6) Maximum height of structures. housing types 11 dwelling units Except where further restricted by these regulations for a per acre¶ Commercial PUD Recreation particular use, the maximum height shall be as follows: All uses vehicle shall be 45 feet, unless a special exception is granted. Deleted: (LDR 1998, § 434) Sec. 90-406. / Additional regulations_ Additional regulations which shall apply to all uses in th ixed use PyD district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations (4) Sign regulations (5) Accessory use regulations (6) Supplementary use regulations. (7) Environmental and stormwater regulations- (8) Utilities regulations. (LDR 1998, § 435) Secs. 90-407 — 90- 220. Reserved, DIVISION 13. RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD R)t`/ / '; DISTRICT See.90-421. Generally. (a) Defined. A parcel to be planned and developed as a single entity-, containing one or more types of residential dwelling units Appropriate recreational, public and semiDublic uses may be included if such uses are primarily for the benefit of the residential development (b) Purpose and intent. The PUD-R district is established to DRAFT for discussion purposes only. Page 3 of 12 Revised per meeting of May 17, 2007 I Deleted: 440 I Formatted: Indent: Left: 1" Hanging: 1", Keep with next, Keep lines together r matted: Keep with next, Keep together Formatted: Indent: Left: 1", Hanging: 0.5".,'Numbered + Level. 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: '1.25"'+ Indent at: 1.25", Keep with next, Keep lines together, Tabs: 1.5', List tab+ Not at 1.25" Formatted: Indent: Left: 1.25", Keep with next, Keep lines together Formatted: Indent:Left. 1", Hanging: 0.5",'Numbered'+ Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25", Tabs: 1.5", List tab + Not at 1.25" (1) Encouraqe innovative creative designs; • - - - (2) Ensure enhanced open space and/or amenities and an improved livinq environment; (3) Encourage the use of land in accordance with its character and adaptability and to protect environmentally sensitive areas; (4) Promote and ensure high standards in layout, design and con- struction and greater compatibility in design and use between neiahbodnq properties; (5) Ensure development of the site in a manner harmonious with surrounding areas and community facilities; (6) Provide for well located, clean, safe and pleasant residential - - Formatted -Indent: Left: 1.75 Formatted: Bullets and Numbering _ . Formatted: No underline ^� Formatted: Indent: Left: 1" Regulations. Sec. 90-422. Permitted uses. (1) Allowable uses in a PUD-R distrct located on lands designated sinqle-= - - Formatted: Indent: Left: 1", family residential on the Future Land Use Map include: Hanging: 0.5" Formatted: Indent: Left: 1.5", (a) Detached single family dwellings zero lot line single-family Hanging: 0.5" dwellings. (b) Mobile homes in a mobile home park_`- (c) Public �aCIIIleS ( ; Accessory uses and structures that are customary and incidental to the primary resice ta: use_ 2) Allowable uses in a PUD-R district located on lands designated multifamilylesidential on the Future Land Use Map include:_ (a) Detached single family dwellings zero lot line single family, dwellings. (b) Mobile homes in a mobile home park. (c) Two-family dwellings. (d) Multiple -family dwellings. (e) Adult family care or assisted living facilities. (f) Public facilities. (g) Accessory uses and structures that are customary and incidental to the primary residential use. Sec. 90-423. Dimensional standards. The dimensional standards for the PUD-R zoning district shall be as follows: DRAFT for discussion purposes only. Page 4 of 12 Revised per meeting of May 17, 2007 Formatted: Indent: Left: 1.5", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, . - + Start at 1 + Alignment Left + Aligned at: + lab after: 2.25" + indent at: L2S", labs: 2", List tab + Not at 2.25' (Formatted: Indent: Left: 1.5", Hanging: 0.5", Tabs: 2", List tab Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: Not Highlight Formatted. Indent: Left: 1.5", Hanging: 0.5" Formatted: Indent: Left: 1.5", Hanging: 0.5", Numbered+ Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 2" + Tab after: 2.25" + Indent at: 2.25", Tabs: 2", List tab + Not at 2.251, (1) Minimum parcel size: Five contiguous acres under singe ownership with , a minimum frontage of 100 feet on a Dublic street Properties will be n considered contiguous if they are separated only by public rights -of -way and no Individual parcel is less than two acres in area ---- _ (2) Maximum density- Maximum density allowable in the PUD f3 zonirltt,1, district shall be as follows: t) Arial, 10 i '---------------- - - - - -- - t+Not at,i.25 ------ - - - - --- -- --- - at Frp�tted; Font Not Italic : - Land Use Designation Housing Component Cr,nr nji:�rYl H Afforrlai,ie Housin ' rmatdC.Fon't:'(Default)Arial, 10 ,( _ Single-family - - Sin le-famil �t" Mobile -home - re - - - 5 d.u. aer acre -6�r acre- - - ;\ FFFOrmatted: Font: (Default) Arial, 10 2 Multi-familyAll housin r cfe 11 d.u. er acre Gross acreage in PUD (excludi d ri hts-of-wa existin riorF t ' Formatted: Justified to rezoningto the PUD-R dis r,,t i ' I number of dweltin units. Formatted: Font; (Default) Anal, 8.5 (3) Maximum height: All,wabie lain, Igpments in a PUD-R district-_lk"i Pt shall be determineo aLer"revs ►�w.fi,f s%pj rtding land uses to ensure that +;;°`, Formatted Table the proposed tj� _d: i m lilritl ryAWpate any external impacts that 11 y;,' `, Formatted: Foni: (Default) Arial, 8.5 would advert it affects o merit existin or ro sed. l ''' pt No bull-_L-structure, prDal't thgregf §flail exceed a total height of 45 �l 1''1 Formatted: Justified feet except as approved by speetal exception. 1, Formatted: Font: (Default) Anal, 8.5 ( building dimension, The aXimurn dimension of any 1, pt orMaximum groupmof attached structures slhall not exceed 16.0 feet for any one O' Formatted: Justified I`', building face. Formatted: Justified i5�__ Minimum perimeter_ sc', nc ^`^ . u:ildinq or structure shall be located-.,'',' Formatted: Font: (uefault) Anal, 8, 5 closer than 20 feet io any pprimeter boundary of the PUD-R district. Pt y Formatted: Justified (6) .Minimum separation between buildings Buildings shall be separated-,+',',,,` 1' Formatted: Justified from each other by a distance equal to not less than 12 feet l,',°; Formatted: Font: (Default) Arial, 10 (7) Maximum lot coverage and impervious surface coverage Maximum Pt Formatted: Justified, Indent: Left: allowable lot coverage is 40 % and the a re f I t qq q e o o coverage and impervious surface area is 60 % of the gross land area of the PUD-R district. DRAFT for discussion purposes only. Page 5 of 12 Revised per meeting of May 17, 2007 1", Hanging: 0.5", Numbered+ j Level: I + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 1" + I ab after: 1.25" + Indent at: 1.25", Tabs: 1.5% List tab + Not at 1.25" Formatted: Font: (Default) Anal, 10 `.,: pt Formatted: Font: (Default) Arial, 10 1 pr Formatted: Font: Not Italic +r, Formatted: Font: (Default) Aria[, 10 Pt Formatted: Font: (Default) Aria[, 10 Pt Formatted Formatted Formatted Formatted r (8) Open Space Requirement. A minimum of 400/6 of the PUD-R district - area shall be reserved for landscaping and open space. The following uses may contribute to the open space requirements provided the mini- mum dimensions are met: (a) Buffers and landscaped areas in off-street parking areas: (b) Dry dgtgntion areas and existing or proposed bodies of water, includingWets�water management areas may count uD to a maximum of 50%of the open space requirement: c) Active and passive recreation areas and public use areas such as playgrounds, golf courses lake -beach frontage, nature trails, bike paths, pedestrian ways, tennis courts, swimming pools, plazas, atriums, courtyards and and other similar areas count as open space as long as a not rnorn'thin -20% of the recreational or public area counted as open space consists of impervious _ _ - Deleted: surface; (d) The minimum open space dimension (length orwidth) must be 10 feet; and (e) The minimum open space area must be 200 square feet. Formatted: Normal, Left, Indent Left: 1.5", Hanging: 0.5", No bullets (9) Improved recreation areas required. l or numbering Formatted: Indent. Left: 1.5" (a) Except as set forth in subsection (b), multi -family areas of five acres or more or multi -family developments containing 50 or Formatted: Indent: Left: more dwellingunits- or, single-family, zero lot line single-family, ; � + Le Numbered +Level Hanging: Numbe0.38"ring 3 +Numbering Style: i, n, ni, ... + or two-family developments containing 50 or more dwelling units Start at 1 +Alignment: Right and built on lots smaller than 6,250 square feet (12,500 square Aligned at: 2.13" + Tab after: 2.25" feet for duplexes) or developed at a density greater than five + Indent at: 2.25", Tabs: 2.5", List units per gross acre shall provide an improved recreation/play tab + Not at 2.25" area or areas that meet(s) the following standards: Formatted: Indent: Left: 2.13" t Formatted: Normal, Justified, i_ Said recreation area shall l-ave at least 15 square feet of: Indent. left: I", First line- 0" land area for_ each n^:<; q r, nit with two or more ---- — - Deleted: _ Page Break bedrooms, — - — ii_ The minimum size for said recreation area shall be 750 Formatted: Font: (Default) Anal, 10 square feet and the improved recreation area shall be pt, Bold, Not Italic located away from streets, lakes or canals or shall be Formatted: Font: (Default) Anal, 10 fenced; and ; ; pt, Bold, Not Italic iii The improved recreation area shall be constructed in Formatted: Font: (Default) Aria[, 10 accordance with the U. S. Consumer Products Safety pt, Bold,. Not Italic Commission guidelines. Formatted: Font: (Default)Arial, 10 pt, Bold, Not Italic (h) This requirement shall not apply to developments or portions ; Formatted: Font: Bold, Not Italic thereof, that are restricted by deed notation on the face of the plat or other recorded instrument which, in the opinion of the city Formatted: Justified, Indent: Left: attorney, limits occupancy within the development, or portion ; r,', 0.5", First tine: 0" thereof, to adults. Formatted: Font: (Default) Arial, 10 pt sec. 90-424. development review standardsy -- Formatted: Font: (Default) Arial, 10" +General - - _ _ Pt The following general standards shall be utilized in evaluating and establishing _,' . Formatted: Font: (Default)Anal, 10 conditions for a PUD-R district and in reviewing conceptual and final site plans: pt _ _ - - _ %-_ - Formatted: Justified DRAFT for discussion purposes only. Page 6 of 12 Revised per meeting of May 17, 2007 (111 Physical characteristics of the site. The property shall be suitable for- EFqrMatted: nt; (Default) Aria], 10 development in the manner proposed without hazard to persons or- t Property, on or off the site. Conditions of soil groundwater level tified; Indent: Left -drainage and topography shall be appropriate to both type and pattern5 ; of use intended. This provision gives consideration to the site's advantages and limita- tions, as well as _the compatibility of the development to adjacent sites The design of the'site should consider all existing features both natural and man-made, to determine those inherent qualities that give the site and surrounding area its character_ Access and internal circulation Principal vehicular access points shall - be designed to encourage smooth traffic flow with controlled access ands turning movements and minimize hazards to vehicular and pedestrian safety. The Interior circulation system shall be designed to provide for safe and efficient motorized and non -motorized (e q bicycles) vehicular and pedestrian movement as appropriate to the character of the proposed development_ Vehicular access to streets or portions of streets from off-street parking and service areas shall be so combined limited located designed and controlled as to channel traffic from and to such areas conveniently safely, and in a manner which minimizes friction and excessive interruptions, and promotes vehicular and pedestrian safety. Formatted: Font: Not Italic Formatted -Justified, Indent: Left: ` 1", Hanging: 0.5" } Formatted: Font: Not Italic Formatted: Font: (Default) Anal, 10 Pt Formatted: Font: (Default) Anal, 10 Pt Formatted: Font: (Default) Arial, 10 Pt Formatted: Font: (Default) Anal, 10 pt, Underline j41 Streets, drives, parking and service areas Streets, drives, parking and EFormatted: atted: Font: (Default) Ariald10 service areas shall provide safe and convenient access to all buildings - and general facilities. Font: (Default) Arial j5) Natural and historic features. Developments in a PUD-R district shall be_ Formatted: Font: (Default) Aria[, 10 designed to preserve natural features of the land and historic resources Pt such as existing trees natural topography, and historic and archeological sites, as much as possible. Natural resources and natural features may not be impaired or destroyed unless it is in the public interest to do so In determining whether such action is in the public interest the benefit which would reasonably be expected shall be balanced aqainst the reasonably foreseeable detriments of the activity. DRAFT for discussion purposes only. Page 7 of 12 Revised per meeting of May 17, 2007 j6) :Density. Density shall not exceed maximums established in the _ _ - Forn'atted:.Fort: (Default) Anal,: o; Comprehensive Plan and shall be established after consideration of pt criteria in the Comprehensive Plan, neighborhood compatibility,, and site _ _ _ _Formatted: Font: (Default) Arfal;l desicin. pig j7) Screening of trash and refuse containers. All central refuse, trash and garbage collection containers, or those serving multiple dwelling units, shall be screened from sight or located in a such a manner so as not to • - - - - - - \- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - to but are not limited to: 1) Concurrency regulations. 2) Parkina and loadina regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. , (6) Supplementary use regulations. (7) Environmental and stormwatef`"Xeaulatlons. (8) Utilities regulations. Secs. 90-426 — 90433. Reserved. ` - - Formatted, Indent: Left: 1", Hanging: 0.5", Numbered + Level:J s +'Numbering Style: 1,;2, 3, — +Start at:'1 + Alignment: Left + Aligned at: 1"- + Tab after: 1.25" + Indent at: 1.25", Tabs:- 1.5", List tab + Not at 1.25" Sec. 90-434. Status of an approved PUD or PUD-R development. When approved pursuant to the provisions of the Land Development Regula- tions the conceptual development plan and other materials and documents as are adopted by ordinance shall constitute an amendment to these regulations and the Official Zoning Map. Development within a mixed use PUD or PUD-R district may occur only in conformity with the approved conceptual development plan unless amended as provided under Section 90-437. Sec. 90-435. Application requirements for rezoning to a mixed use PUD- or PUD-R district. An application form provided by the City shall be filled out and submitted along with a written statement describing the nature and intent of the proposed development. The application package shall include the following: (1) A professionally prepared conceptual site plan that conveys the general extent and character of the proposed development and that contains the following information: (a) the title of the project and name of the developer, owner, and authorized agents, (b) areas of residential and nonresidential development, (c) location and extent of proposed open space, (d) location of proposed community or public uses (e.g., recreation areas clubhouses schools, houses of worship, etc.), (e) basic vehicular, pedestrian and other circulation systems, (f) proposed points and methods of access, DRAFT for discussion purposes only. Page 8 of 12 Revised per meeting of May 17, 2007 - tFormatted:BulletsandNumbering - Formatted: Underline Formatted: Indent: Left: 1", Hanging: 1", Keep with next, Keep lines together Formatted: Underline Formatted: Keep with next, Keep lines together Formatted: Body Text Indent Formatted: Body Text Indent, Indent: Left: I", Hanging: I" (g) anticipated phasing plans. (2) A summary table with the following information. (a) maximum number and type of residential units, (b) total land area, overall gross residential density and land area and density of each individual residential area, (c) total maximum square footage of each nonresidential use by type, land area and maximum square footage by type of nonresidential use for each distinct development area, and (d) approximate land area devoted to conservation, retention, recreation, parks, and other open space areas, proposed drainage plan. public use. IIInJVIIGlln IGd U.ntD (7) A description, and a map identifying the location, of all environmentally sensitive lands, wetlands, significant areas of native vegetation, and wildlife habitat. (8) A preliminary traffic impact analysis and discussion of the availabilitv or Proposed construction of necessary transportation facilities by proposed phase. (9) A preliminary analysis on the impact on schools. (10) A discussion of the proposed or anticipated sources of potable water sanitary sewer, solid waste disposal and other utilities and the availability of such utilities based on projected residential and nonresidential demand. 01) A list of required regional, state or federal permits or approvals. (12) Other written or graphic materials, such as architectural elevations may be submitted to convey or clarify the nature, character, intent or other attributes of the proposed development. Formatted: Left, Indent: Left: 1", Hanging: 0.38" DRAFT for discussion purposes only. Page 9 of 12 Revised per meeting of May 17, 2007 Sec 90-436, Other requirements and conditions (1). All plans, maps, surveys, documents and the like required as part of the abolicationi may be submitted in large format or in binders where appro- priate for review and presentation purposes, but shall also be submitted in areproducible format for distribution to review bodies unless a sufficient number of copies is provided. (2) When provisions for phasing are included in the development plan, each phase of the development must be so planned and related to previous development phases, surrounding properties, and the availability of public facilities and services that failure to proceed with subsequent phases of the development will have no adverse impact on anv completed phase or surrounding properties (3) (4) Sec. 90-437. Review and approval . process for rezoning to mixed -use- _ - Formatted: underline PUD and PUD-R zonin4'districts. Formatted: Indent: Left: t", (1) The application, including the conceptual site plan, is reviewed by the Hanging: 1" building official/zoning administrator for completeness in accordance with Sec.70-334. When the application is deemed complete, the formal substantive review process begins- (2) The TRC reviews the conceptual plan and forwards its report and recom- mendations to the Planning Board in accordance with Sec_ 70-102 (3) The Planning Board reviews the application for rezoning, including the conceptual site plan in accordance with Sec. 70-152(3)f. This review is conducted at a public hearing [per Sec. 70-335(3)] and the Planninq Board's recommendation is forwarded to the City Council for consideration. (4) The City Council considers the application for rezoning. If the rezoning is - approved, the site plan review process is initiated. 5) The Applicant submits the final site plan. accompanied by the more detailed information and drawings required for this review. The Technical Review Committee (TRC) reviews the final site plan and approves, approves with changes or conditions, or denies the application for site plan approval. If there are additional aspects of the site plan requiring approval by another body, such variances or requests for exception to the parking regulations, the site plan is forwarded to the board of adiustment and/or Citv Council, as appropriate, for final disposition. DRAFT for discussion purposes only. Page 10 of 12 Revised per meeting of May 17, 2007 Sec. 90-438. Amending an approved planned development. _ - Formatted: underline A planned development approved as part of a rezoninq to the mixed use PUD or PUD-R zoning districts, may be amended in the same manner in which it was initially approved; provided, however, that a minor amendment may be approved administratively by the City Administrator after review and approval by the Technical Review Committee. The City Administrator, at his discretion, may direct that a minor amendment be considered in the same manner as the development plan was initially approved. A minor amendment is defined as follows: (1) Anv decrease in the total square footage, density or intensity in the approved development plan; the size of conservation, preservation or required open space areas or easements; Perimeter boundary lines; (5) Relocation, reduction, or reconfiguration of lakes, ponds or other water facilities subject to the submittal and approval of revised water management plans. Secs. 90-439 — 90,440. Reserved. Formatted: Underline DRAFT for discussion purposes only. Page 11 of 12 Revised per meeting of May 17, 2007 Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. If any provisions or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this day of 2007. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of -2007 James E. Kirk, Mayor ATTEST Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney DRAFT for discussion purposes only. Page 12 of 12 Revised per meeting of May 17, 2007 Formatted: Keep with next, t lines together AGENDA CLOSE PUBLIC HEARING VI. NEW BUSINESS. MAY 17, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 13 OF 16 ACTION - DISCUSSION VOTE CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 9:05 P.M. A. Consider and discuss requests for amendments to the City's Land III Chair Ledferd asked whether anyone had any new requests for amendments to the LDR's? There were none. Development Regulations - Chairperson. B. Consider and discuss proposed Planned Unit Development (PUD) Mr. Brisson stated that a consensus of the PUD regulations were reached at the last regular meeting with the exception of regulations (ref. Code Book Sec. 90-401) - Planning Consultant two items. One were some additions and expansion of subjective conditions such as purpose and intent and submission requirements. Chair Ledferd asked about public safety. How does LaRue Planning view adding a bicycle path to PUD requirements? Actually, replied Mr. Brisson if you get a small PUD it probably would not be as applicable. Usually something like that could be added in the buffer area. I do not think this should be part of the requirements. Mr. Brisson said if the Board would feel as a consensus they would like to have this inserted, he could insert the language in the appropriate spot to incorporate bicycle paths as appropriate. Clerk Gamiotea sited from the Manual of Standards for Design Construction and Maintenance of the City Code Book a section that might address this issue of safety, therefore there is no need to incorporate this into the PUD regulations. Mr. Brisson expressed concern that the bike paths that Chair Ledferd was referring to were not the ones along side the roadways itself, as referred to in the Code Book. This could be incorporated into the ordinance, bul it would be more subjective, it would not be written so strictly. He will examine and if it needs to be more specific, he will add it. Board Member O'Connor asked whether the addition of this would delay the ordinance going to City Council? Mr. Brisson stated that this would be a delay only if the Board required seeing the revisions. Board Member Maxwell remarked that he had requested conceptual to be more detailed, regarding elevations and building separations. He thought that an elevation drawing would be beneficial. Something he would like the Council to consider as a requirement. Also the process for review. He stated there may be some conflict with other ordinances that may need to be resolved, but he would suggest to the Council that be addressed in connection with the adoption of the ordinance, so that we know where this is going to go once it is submitted and that it is clear. Mr. LaRue interjected that before the ordinance gets to the City Council, Mr. Maxwell wants to make sure that the administrative procedure is clear. Mr. Brisson told the Board that he had sent an e-mail to Mr. Maxwell soliciting his comments. Mr. Maxwell had suggested landscape plans, elevation drawings, details concerning buffering between uses internal to the project. Mr. Brisson replied that he felt these are details that are usually worked out in the latter stages of the site plan review. MAY 17.2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 14 OF 16 AGENDA IF ACTION - DISCUSSION - VOTE VI. NEW BUSINESS. B. Consider and discuss proposed Planned Unit Development (PUD) regulations (ref. Code Book Sec. 90-401) continued. Mr. Maxwell then said that raises another issue of what is the review process? Are we ever going to see the project again? Will we have an opportunity as a Planning Board to be a part of that or will it be gone. Chair Ledferd commented that if we don't make additions to the ordinance, this will be the last time we as a Board. Board Member Burroughs said that if we do not ask for these requirements, it will be gone? Mr. Maxwell sited that once the zoning is changed, the Board will not have another shot at it. Mr. Brisson explained that Mr. Maxwell is speaking of an actual conceptual plan review. Mr. Brisson concurred. If there is no significant change as submitted the Planning Board would not see it again. Mr. Maxwell then stated, that is the only time it is reviewed by this Board, we know for better or worse we will not have any further control over it. Chair Ledferd said that he thought if the Board pushed this ordinance as is with the administrative recommendations of Board Member Maxwell, that the Board could always recommend to City Council for additions or deletions to the ordinance. Mr. Cook agreed. Board member Burroughs stated that he was okay with LaRue making the administrative changes and sending to the Council with the comments from the Board. Chair Ledferd asked whether the public had any comments? Mr. Cardenas, Royal Architecture and Design, stated, requiring at the conceptual level, specification of architectural detail or what the elevation is going to look like, will tie a project down. This is too early in the moment to decide, when it is going to be reviewed at the site plan level, or architectural review board. Board Member Maxwell expressed his thoughts that a lot of times the Board receives the plans in the application packet and he just wants them to be binding, because this may be the last time the Board gets to see them.. Chair Ledferd asked whether there were any remaining questions from the Board or public. There were none. Board Member Maxwell made a motion, City Council receive and review the proposed PUD ordinance in the form that it was reviewed by the Planning Board on May 17, 2007 and that the Council also consider the discussion contained in the minutes regarding possible bike paths, administrative review process, and the other items that were discussed but were unresolved and give some consideration to that in connection with their adoption of an ordinance; seconded by Board Member Burroughs. VOTE LEDFERD-YEA HOOVER -YEA KELLER-ABSENT MCCOY-YEA BURROUGHS-YEA JOHNS -ABSENT JUAREZ-YEA MAXWELL-YEA O'CONNOR - YEA MOTION CARRIED. t 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 • Phone: 239-334-3366 Fax: 239-334-6384 Email: l arue-planning(a,att.net Staff Report Pre -Application Plat Prepared for: City of Okeechobee Applicant.- RJRemodeling Enterprises, Inc. Staff Report Pre -Application Plat Review Applicant's Name: RJ Remodeling Enterprises, Inc. 01 Owner Address: 2912 Highway 710 E Okeechobee, Florida Ouer Phone Niunber; $63 3 7i677, Description of Subject.. - Property Identification Number: 3-22-37-35-0030-OOODO-0200 THE EAST 1/2 OF LOT 20 & ALL OF LOTS 21-24, BLOCK D, CENTRAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 39, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, Florida. Discussion: i This is a pre -application plat review for the above described property. The applicant would like to divide the property into four lots and construct one (1) single family dwelling unit on each lot. The proposed legal descriptions of the lots are described below: Parcel l: ALL Of[Of f 24 AND A PORT ION OF 1,01 2i, BLOCK -D", "CLNI-RAI PARK— ACCORDING 1 O '1 HL PLAT I HERLOI RECORDLD IN PI_A I BOOK 2, PAGL 39 OF 111I. Pl;B1.IC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 24, BLOCK "D", THENCE PROCEED SOUTH 89049'31" WEST ALONG THE SOUTH LINE OF SAID BLOCK "D", ALSO BEING THE NORTH RIGHT-OF-WAY (R/W) LINE OF SE 5TH STREET (70 FEET WIDE), A DISTANCE OF 65.00 FEET; THENCE DEPARTING SAID SOUTH LINE OF BLOCK "D", BEAR NORTH 00'13'05" WEST, A DISTANCE OF 142.50 FEET TO THE NORTH LINE OF THE AFORESAID BLOCK "D"; THENCE BEAR NORTH 89049'31" EAST ALONG SAID NORTH LINE, A DISTANCE OF 65.00 FEET TO THE NORTHEAST CORNER OF THE AFORESAID LOT 24, BLOCK "D", BEING A POINT ON THE WEST R/W LINE OF SE 6TH AVENUE (30 FOOT WIDE); THENCE DEPARTING SAID NORTH LINE OF BLOCK "D", BEAR SOUTH 00°13'05" EAST ALONG THE EAST LINE OF SAID LOT 24, M A DISTANCE OF 142.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 0.21 ACRES, MORE OR LESS. Parcel 2: A PORTION OF LOT 22 AND A PORTION OF LOT 21, BLOCK "D", "CENTRAL PARK" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 39 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 24, BLOCK "D", THENCE PROCEED SOUTH 89049'31" WEST ALONG THE SOUTH LINE OF SAID BLOCK "D", ALSO BEING THE NORTH RIGHT-OF-WAY (R/W) LINE OF SE 5TH STREET (70 FEET WIDE), A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 90°00'00" WEST ALONG SAID SOUTH LINE OF BLOCK "D" AND RIGHT-OF-WAY LINE A DISTANCE OF 50.00; THENCE DEPARTING SAID SOUTH LINE OF BLOCK "D". BEAR NORTH 00°13'05" WEST, A DISTANCE OF Staff Report Applicant's Name: RJ Remodeling Pre -Application Plat Review Enterprises, Inc. 142.50 FEET TO THE NORTH LINE OF THE AFORESAID BLOCK "D"; THENCE BEAR NORTH 89049'31" EAST ALONG SAID NORTH LINE, A DISTANCE OF 65.00 FEET; THENCE DEPARTING SAID NORTH LINE OF BLOCK "D" BEAR SOUTH 00013'05" A DISTANCE OF 142.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINITN 0.16 ACRES MORE OR LESS. Parcel 3: A PORTION OF LOT 23 AND A PORTION OF LOT 22, BLOCK "D", "CENTRAL PARK" ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 39 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 24, BLOCK "D", THENCE PROCEED SOUTH 89049'31" WEST ALONG THE SOUTH LINE OF SAID BLOCK "D", ALSO BEING THE NORTH RIGHT-OF-WAY (R/W) LINE OF SE 5TH STREET (70 FEET WIDE), A DISTANCE OF 115.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 90°00'00" WEST ALONG SAID SOUTH LINE OF BLOCK "D" AND RIGHT-OF-WAY LINE A DISTANCE OF 50.00; THENCE DEPARTING SAID SOUTH LINE OF BLOCK "D", BEAR NORTH 00013'05" WEST, A DISTANCE OF 142.50 FEET TO THE NORTH LINE OF THE AFORESAID BLOCK "D"; THENCE BEAR NORTH 89049'31" EAST ALONG SAID NORTH LINE, A DISTANCE OF 65.00 FEET; THENCE DEPARTING SAID NORTH LINE OF BLOCK "D" BEAR SOUTH 00013'05" A DISTANCE OF 142.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 0.16 ACRES, MORE OR LESS. Parcel 4: A PORTION OF LOT 23 AND A PORTION OF LOT 22, BLOCK "D", "CENTRAL PARK - ACCORDING TO THE PLAT THEREOF RECORDED 1N PLAT BOOK 2, PAGE 39 OF THE PUBLIC RECORDS OF OKELCHOBEF COUNTY, FLORIDA. BEING MORE PARTICULARLY DI-:SCRIBIJ) AS FOIL OVb'S: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 24, BLOCK "D", THENCE PROCEED SOUTH 89049'31" WEST ALONG THE SOUTH LINE OF SAID BLOCK "D", ALSO BEING THE NORTH RIGHT-OF-WAY (R/W) LINE OF SE 5TH STREET (70 FEET WIDE), A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 90100'00" WEST ALONG SAID SOUTH LINE OF BLOCK "D" AND RIGHT-OF-WAY LINE A DISTANCE OF 50.00; THENCE DEPARTING SAID SOUTH LINE OF BLOCK "D", BEAR NORTH 00013'05" WEST, A DISTANCE OF 142.50 FEET TO THE NORTH LINE OF THE AFORESAID BLOCK "D"; THENCE BEAR NORTH 89049'31" EAST ALONG SAID NORTH LINE, A DISTANCE OF 65.00 FEET; THENCE DEPARTING SAID NORTH LINE OF BLOCK "D" BEAR SOUTH 00013'05" A DISTANCE OF 142.50 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 0.16 ACRES, MORE OR LESS. The materials do not provide the general information describing the existing conditions of the site required by Sec. 86-71. The general information about the proposed development intended to support the drawings required under Section 86-72 is also not provided. Finally, none of the maps show adjacent and surrounding properties. However, the Staff has provided an aerial of the site and general vicinity, but this material should be provided by the Applicant. Since the Applicant submitted material that appear to be intended to meet the requirements of Sec. 86-72, Staff has reviewed the submission with regard to those requirements as well. This review follows. Staff Report Applicant's Name: RJ Remodeling Pre -Application Plat Review Enterprises, Inc. Section 86-72 Plats and data for conditional acceptance or a royal. (1) Proposed subdivision name or identifying title, which shall not Central Park Oak duplicate or closely approximate the name of any other subdivision in the City. (2) Key plan, shown location of tract in reference to other areas of the Yes City. (3) North arrow, graphic scale, scale, and data; basis of bearing Yes (desired and true bearing). (4) Name of the owner of the property or his authorized agent. RJ Builders & Renovators, Inc. (5) Name of registered engineer or surveyor responsible for the plat Expedition Surveying & and supporting data. Engineering/Asmussen Engineering, LLC (6) Tract boundaries, with angles and distances. Yes (7) Conditions on tract. including all existing watercourses, drainage Yes, engineer should ditches, and bodies of water, marches. rock outcrop. isolated confirm preservable trees one foot or more in diameter, and other significant features- (8) All existing streets and alleys on or adjacent to the tract, including Yes name, right-of-way width, street pavement width, and established centerline elevations. Existing streets shall be dimensioned to tract boundaries. (9) All existing property lines, easements, and rights -of -way and the Engineer should confirm. purpose for which the easements or rights -of -way have been established. (10) Location, names where applicable, and width of all proposed Yes streets, alleys, rights -of -way, easements, and purpose of easements, proposed lot lines with approximate dimensions; lot numbers, and block numbers. (11) Ground elevations on the tract, based on USCGS datum level at Requires verification with minimum contour intervals and sufficient data to show disposition of engineer_ surface drainage (City datum based on USCGS datum acceptable). (12) Subsurface conditions on the tract, location and results of tests Engineer should confirm. made to ascertain subsurface soil, rock, and groundwater conditions; depth to groundwater unless test pits are dry at a depth of three feet, location and results of soil percolation tests if individual wastewater disposal systems are permitted. Staff Report Applicant's Name: RJ Remodeling Pre -Application Plat Review Enterprises, Inc. (13) Written statement and graphic representation and profiles, if Yes necessary, showing proposed grades of streets and facilities for drainage. y (14) When applicable, future land use classification on and near the Planning Staff has con- tract. firmed that the surround- ing property is designated Single -Family, but it should be shown by the Applicant in map form _ `�.,Y}`•;' ,n..`bi 4`� ,n. :.i^. (15) Utilities on or adjacent to the tract. Indicate whether above the Needs to be shown. ground or below the ground. (16) Sites, if any, to be dedicated or reserved for public use. None indicated. (17) Preliminary specifications for required improvements such as Some are shown, but streets, curb and gutter, water, sanitary wastewater, storm drainage, appears incomplete. etc. (18) Title and certifications; present tract designation according to City Attorney will need to official records in the office of the county clerk; names and addresses of review. owners, including certification from developer's attorney or abstract company that the dedicator of the plat is the owner of record at the time plat is to be accepted for filing, statement form the owner that there are no mortgages on the property, if there are none, or if there be a mortgage, a letter of acknowledgement form the mortgagee stating that the approves the platting; certificate from the developer's attorney, or the county tax collector, that all due taxes have been paid at time application for condition approval or acceptance is filed. 09) Draft of protective covenants, whereby the developer proposes to City Attorney to review. regulate land use in the subdivision and otherwise protect the proposed development. (20) Statements in accord with section 86-71(1). See above. (21) Draft of proposed developer's agreement. City Attorney to review. Staff Report Applicant's Name: RJ Remodeling Pre -Application Plat Review Enterprlses, Inc. (a) Single Family dwelling. - 'on , 2;feef`; Requ�rerient met„40 feet ;on al! lots Side: 10 feet Requirement met. 10 feet on all sides for all lots. Parcel 1 (corner lot) 25 feet. Rear 1 Meet Rectttr'em�nt met 50 feet on `111b1s rc (3) 'Maximum;lotcoverage by all -buildings'. Maximum Coverage Maximum Impervious 40% 60% Requirement met: Coverage is 19.4% on the smallest lot and 18% overall. Impervious area is not shown for individual lots, but overall impervious area constitutes only 34% of the site. Comments: I The Subject property is within the Multi -Family Residential Future Land Use category and is within the RMF Zoning District. From an existing neighborhood perspective, the present density has been maintained at lower than the maximum 10 dwelling units per acre allowable under the Multi -Family Future Land Use category in the Comprehensive Plan. All other aspects of the Plat seem to meet the requirements for the Residential Multiple -Family (RMF) Zoning District. Submitted by: James G. LaRue, AICP Planning Consultant April 18, 2007 Okccchohoo County llroperty Appraiser - W,C'. Bill Shcrm,w Florida - 803- 7(,3 4422 Patzc 1 of., 4/ 161/1)0 0 7 Okeechobee County Property Appraiser - Map Printed on 4i 16;2007 2:51:24 PM Pave 1 of 1 Okeechobee County Property Appraiser _. .. ter. ...r'rr^. .~%i- r :^.£`t F;,•; ... n::._ +. uSGa PARCEL: 3-22-37-35-0030-OOODO-0200 -VACANT (000") CENTRAL PARK E 112 OF LOT 20, LOTS 21 22 23 24 BLOCK D Name: R J REMODELING ENTERPRISES [NO LandVal $75.498.0' Site 417 SE 5TF1 ST, Okeechobee BldgVal $0.0 209 NW 5TN AVENUE ApprVal $75,498-0 Mail: OKEECHOBEE, FL 34972 JusNat 575,498.0 12J8i2004 $100,000.00 V ' O Assd $75.448.0 In; ales 5i20t2004 S30,000.0OV ! U nf0 Exmpt $0.0 713'2003 S28,000.00V10 Taxable $754980 This information, Last Updated: 4;10?2007. was derived from data which was compiled by the vKeecnooee county rreper;y ; ppratsers Office solely for the governmental purpose of property assessment. This inforration should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein. it's use, or it's interpretation Although it is periodically updated. this infonmation may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before berg finalized for ad valorem assessment purposes Iittpi,«w_ukeechohccpa.com GIS, Prrtit 4 10 2007 25, 2007 - TECHNICAL REVIEW COMMITTEE - PAGE 2 OF 10 IV. New Business. A. Central Park Oak. The application for Pre -Application Plat Review was submitted by Asmussen Engineering, on behalf of applicant and property owner RJ Remodeling Enterprises, Inc.. The applicant proposes Pre -Application Plat Review to develop a four lot subdivision for four residential homes to be built. Legal description: The East'/z of Lot 20 and all of Lots 21 through 24, Block D Central Park, according to the Plat thereof recorded in Plat Book 2, Page 39, of the Public Records of Okeechobee County Florida - Planning Consultant. Central Park Oak. The application for Pre -Application Plat Review was submitted by Asmussen Engineering, on behalf of applicant and property owner RJ Remodeling Enterprises, Inc. The applicant proposes Pre - Application Plat Review to develop a four lot subdivision for four residential homes to be built. Legal description: The East'/z of Lot 20 and all of Lots 21 through 24, Block D Central Park, according to the Plat thereof recorded in Plat Book 2, Page 39, of the Public Records of Okeechobee County Florida. Mr, Brisson presented the LaRue Planning Staff findings: Section 86-72, Plats and data for conditional acceptance or approval. The preliminary plat shall be at a scale of not more than 200 feet to the inch. It shall show or be accompanied by the following information: Provided: (1) Proposed subdivision name or identifying title, which shall not duplicate or closely approximate the name of any other subdivision in the City. (2) Key plan, shown location of tract in reference to other areas of the City. Yes. (3) North arrow, graphic scale, scale, and data; basis of bearing (desired and true bearing). Yes. (4) .Name of the owner of the property or his authorized agent, RJ Builders & Renovators, Inc. (5) Name of registered engineer or surveyor responsible for the plat and supporting data. Expedition Surveying & Engineering/Asmussen Engineering, LLC. (6) Tract boundaries, with angles and distances, Yes. (7) Conditions on tract, including all existing watercourses, drainage ditches, and bodies of water; marshes; rock outcrop, isolated preservable trees one foot or more in diameter; and other significant features. Yes, engineer should confirm. (8) All existing streets and alleys on or adjacent to the tract, including name, right-of-way width, street pavement width, and established centerline elevations. Existing streets shall be dimensioned to tract boundaries. Yes. (9) All existing property lines, easements, and rights -of - way and the purpose for which the easements or rights -of -way have been established. Engineer should confirm. (10) Location, names where applicable, and width of all proposed streets, alleys, rights -of -way, easements, and purpose of easements, proposed lot lines with approximate dimensions; lot numbers, and block numbers. Yes. (11) Ground elevations on the tract, based on USCGS datum level at minimum contour intervals and sufficient data to show disposition of surface drainage (City datum based on USCGS datum acceptable). Requires verification with engineer. (12) Subsurface conditions on the tract; location and results of tests made to ascertain subsurface soil, rock, and groundwater conditions; depth to groundwater unless test pits are dry at a depth of three feet; location and results of soil percolation tests should individual wastewater disposal systems be permitted. 25, 2007 - TECHNICAL REVIEW COMMITTEE - PAGE 3 OF 10 AGENDA' ACTION `- DISCUSSION V OTE IV. New Business Continued. I A. Central Park Oak continued. Engineer should confirm. (13) Written statement and graphic representation and profiles, whether necessary, showing proposed grades of streets and facilities for drainage. Yes. (14) When applicable, future land use classification on and near the tract. Planning Staff has confirmed that the surrounding property is designated Single -Family, but it should be shown by the Applicant in map form. (15) Utilities on or adjacent to the tract. Indicate whether above the ground or below the ground, Needs to be shown. (16) Sites, whether any, to be dedicated or reserved for public use. None indicated. (17) Preliminary specifications for required improvements such as streets, curb and gutter, water, sanitary wastewater, storm drainage, etc. Some are shown, but appears incomplete. (18) Title and certifications; present tract designation according to official records in the office of the county clerk; names and addresses of owners, including certification from developer's attorney or abstract company that the dedicator of the plat is the owner of record at the time plat is to be accepted for filing; statement from the owner that there are no mortgages on the property; whether there are none, or whether there be a mortgage, a letter of acknowledgment from the mortgagee stating that the approves the platting; certificate from the developer's attorney, or the county tax collector, that all due taxes have been paid at time of application for condition approval or acceptance is filed. City Attorney will need to review. (19) Draft of protective covenants, whereby the developer proposes to regulate land use in the subdivision and otherwise protect the proposed development. City Attorney to review.(2O) Statements in accord with section 86-71(1). See above (21) Draft of proposed developer's agreement, City Attorney to review. III Requirements for Residential Multiple -Family (RMF) District Section 90-196. Lot and structure requirements, provided except where further restricted by these regulations for a particular use, minimum requirements for the RMF districts shall be as follows: 1) Minimum lot area. (a) Single Family dwelling: The measurements for the smallest proposed lot for this subdivision are used below: Area: 6,250 square feet, Requirement met. 7,125 square feet width: 50 feet, Requirement met. 50 feet.(2) Minimum yard requirements, Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: (a) Single Family dwelling: Front: 25 feet, Requirement met. 40 feet on all lots, Side: 10 feet, Requirement met. 10 feet on all sides for all lots. Parcel 1 (corner lot) 25 feet. Rear: 10 feet, Requirement met. 50 feet on all lots. (3) Maximum lot coverage by all buildings. Maximum coverage, Maximum impervious 40%-60%, requirement met, coverage is 19.4% on the smallest lot and 18% overall. Impervious area is not shown for individual lots, but overall impervious area constitutes only 34% of the site. 125, 2007 - TECHNICAL REVIEW COMMITTEE - PAGE 4 OF 10 IV. New Business Continued. A. Central Park Oak continued. Comments: The subject property is within the Multi -Family Residential Future Land Use category and is within the RMF Zoning District. From an existing neighborhood perspective, the present density has been maintained at lower than the maximum 10 dwelling units per acre allowable under the Multi -Family Future Land Use category in the Comprehensive Plan. All other aspects of the Plat seem to meet the requirements for the Residential Multiple -Family (RMF) Zoning District. Mr, Brisson reported that there were several areas that were omitted in the original staff report. The applicant has provided information for the next step of preliminary platting. Chair Whitehall asked Mr. Asmussen to address the Committee. Mr. Asmussen distributed a copy of the site plan to show the undeveloped lots to plat. He also distributed a copy of existing services that are available for the lots. Building Official Schaub stated that he needed footprints of the houses when the permits were submitted. City Engineer Bermudez corrected the streets on the sheet that was distributed to the committee. Public Works Director Robertson noted that the culvert pipe needs to be 15 inches, not the 18 inches and 30 inches in length in the Southeast 6'" Avenue section. He stated that he would work with the developer when he was ready to install. This will be a modification to the site plan submitted. Mr. John Hayord, of the Okeechobee Utility Authority reported sewer and water was available. Director Robertson asked Mr. Hayford whether he anticipated cutting the road to furnish the utilities. Mr. Hayford replied that he would only cut in the alley. Mr. Whitehall asked whether there were further comments from the committee or the public. There were none. Director Robertson made a motion for Pre -Application Plat Review for Central Park Oak submitted by Asmussen Engineering on behalf of applicant and property owner RJ Remodeling Enterprises, Inc. for Lots 21 through 24 of Block D Central Park recommending approval to City Council contingent upon LaRue Planning Staff comments (Comments: The subject property is within the Multi -Family Residential Future Land Use category and is within the RMF Zoning District. From an existing neighborhood perspective, the present density has been maintained at lower than the maximum 10 dwelling units per acre allowable under the Multi -Family Future Land Use category in the Comprehensive Plan); seconded by Engineer Bermudez. 2007 - TECHNICAL REVIEW COMMITTEE - PAGE 5 OF 10 AGENDA ACTION - D(SCUSSfON -VOTE IV. New Business Continued, A. Central Park Oak continued. Application for Preliminary Plat Approval to be forwarded to the City Council for Public Hearing On May 15, 2007. B. Southern Trace. The application was submitted by Steve Dobbs of Rudd Jones P.E. and Associates on behalf of applicant Curt Lundberg and property owner Insite Development Group, LLC. The application is for site development improvements with 238 units on 37.73 acres, multi -family residential development to be developed in two phases for property located one Block West of Highway 441. Legal description: Lots 1-26 of Block 4, Lots 1-6 of Block 11, Lots 1.26 of Block 12, Lots 1-26 of Block 13, Lots 1-26 of Block 20, Lots1-26 of Block 21 and Lots 1-6 of Block 22, City of Okeechobee Subdivision, Okeechobee Florida - Planning Consultant. WHITEHALL - YEA SCHAUB- YEA SMITH -ABSENT BERMUDEZ-YEA MOTION CARRIED. DAVIS - ABSENT ROBERTSON-YEA Application for Preliminary Plat Approval to be forwarded to the City Council for Public Hearing On May 15, 2007. Mr. Brisson reported the LaRue Planning Staff findings. 1- Sec. 82-32 of the LDC requires development proposals to be accompanied by evidence that environmental studies/inventories have been completed or are not relevant to the property as pertaining to wetlands, soils, unique habitat, endangered species and flood prone areas. 2. The plans should show a "blow-up" of a typical building and its associated access, Duffer, and parking, including dimensions, to allow an adequate review of the proposed project. It will also allow for an accurate determination as to the access aisle width, which appears to be only 23 feet as opposed to the required 24 feet. 3. Because this is a project to be developed under conventional zoning, the plans should show calculations for density, number of units (including the number of units by bedroom count), building coverage, impervious surface, and off-street parking and loading for each individual parcel, not project width or by phase. While the Staff has estimated the building coverage and impervious area for each parcel, the Applicant should provide accurate data for each parcel. PUBLIC FACILITIES CONCURRENCY: According to the U.S, Census, the City of Okeechobee averages approximately 2.7 persons per household (pph). Thus, the development of this property will include up to 120 dwelling units in Phase 1 and 116 in Phase 2, indicating a potential population of 324 persons in Phase 1, and 313 in Phase 2 for a total population of 637 buildout. Roadways: The City's adopted level of service standard (LOSS) for local roads is Level of Service (LOS) D. The subject property will be serviced by local roads. The Applicant has just recently submitted a revised traffic analysis and this analysis needs to be reviewed before a recommendation is made concerning possible degradation of Transportation LOS. Potable Water: The adopted LOSS for potable water is 114 gpcpd. The impact for the proposed development is as follows: City of Okeechobee 55 Southeast 3`d Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 Fax (863) 763-1686 Application for Pre -Application Plat Review Name of Project: (�sv- f<nu ; Applicant: L F iv .rr� j r - Property Owner: ti Description of project including all proposed uses: Number/description of phases. - Location of/Directions to the project: Existing improvements on property: Is proposed use different from existing or prior use? L_�Lyes) (_No) (__N/A) Total Land area in square feet: f or acres: Existing impervious surface €L square feet G acres i.-'• i " % of site Additional impervious surface: jo,we o square feet C. acres % of site Proposed total impervious surface to, ;, 80 square feet o, acres �5 % of site Source of Potable Water: k` Uz„ (4 Method of sewage disposal: Current zoning: m" Current Future Land Use. - Parcel identification number: - �, v; ;r L, }., Y;.. Application for Pre -Application Plat Review Page 2 Name of project- Applicant- Address- Phone.- 17-Fax. Other phone: Phone: Fax: Engineer: Address. - Phone, -Fax Surveyor: A. z I - Address: Phone* Fax. REGIONS A BANK May 25, 2007 City of Okeechobee Planning Department Attention: Betty Re: R J Builders & Renovators Dear Sir or Madam: This is to acknowledge that Regions Bank understands that Mr. Valente is requesting a subdivision of property currently described as follows: East '/z of Lot 20 and all of Lots 21, 22, 23 and 24, Block D, Central Park PID# 3 22 3735 0030 OODO 2000 The bank is agreeable to this subdivision of the afore -mentioned property as this mortgage will continue to be secured by the same property subdivided into four (4) parcels with different parcel numbers. Upon receipt of said parcel descriptions the mortgage and note will be modified to include same. If you have any further questions, please do not hesitate to call me at 863 763 5535. Very truly yours, n Linda R. Shirey Assistant Branch Manager Ph. 863 763 5535 305 E N Park Street Okeechobee, FL 34972-2925 /lrs TAX BILL NUMBER R3217600 R J REMODELING ENTERPRISES INC .70 AC; 0 209 NW 5TH AVENUE CENTRAL PARK 0 E 1/2 OF `LOT 20, LOTS 21 22 23 0 24 BLOCK D 0: OKEECHOBEE FL 34972 0 l TRESS: 307 N.W. 5TH AVE. SUITE B OKEECHOBEE FL 34972 863 763-3421 AD VALOREM TAXES •' A01 - m COUNTY .00584680 441.42` n SCHOOL-RLE .00500600 377.94 M r z SCHOOL -DISC .00276000 208..37 M _ CITY-OKEECHOBEE .00718990 542''.82 Na SOUTH FL. WAT M .00069700 52.62 ''' Mr COUNTY BOND .00023600 17.82 Mi M CHILDRENS COUNC .00028000 2.1.14 Z Zn o O� z ************ PAID ** ******** 0-1 o 1/05/2007 0008834 DR-02 ME `0 R3217600 2006 $1,628.89 OMM S PAYER: OKEECHOBEE ABSTRACT Mcnm v M O x 0 TOTAL MILLAGE nnnnic'7n AD VALOREM TAXES 1 1,662.13 J NON -AD VALOREM ASSESSMENTS COMBINED TAXES AND ASSESSMENTS1,662.13 See reverse' side for important information CIFPAID NOV 1-30 DEC 1-31 JAN 1-31 FEB 1-28 MAR 1-31 BY:1 .662.13 CELESTE WATFORD, CFC 2006 REAL ESTATE OKEECHOBEE COUNTY TAX COLLECTOR z NUMBER R3 217 6 0 0 uj z 70 AC CENTRAL PARK 'a R J REMODELING ENTERPRISES INC E 1/2 OF LOT 20, LOTS 21 22 23 209 NW 5TH AVENUE 24 BLOCK D 3 ************ PAID ************ z OKEECHOBEE FL 34972 1/05/2007 0008834 DR-02 W R3217600 2006 $1,628.89 PAYER: OKEECHOBEE ABSTRACT Cc CELESTE WATFORD, CFC, TAX COLLECTOR • 307 N.W. 5TH AVE., SUITE B, OKEECHOBEE, FL 34972 PLEASE PAY IN U.S. FUNDS TO (863) 763-3421 • OR PAY AT www.okeechobeecountvtaxcollector.com IF PAID BY: NOV 1-30 DEC 1-31 JAN 1-31 FEB 1-28 MAR 1-31 1,595.64 1,612.27 1,628.89 1,645.51 1,662.13 Prepared by; Record and Return to: Renee Ellerbee Big Lake Title Company, Inc 2106 South Parrott Avenue Okeechobee, Florida 34974 Re Ntntber 1793 Warranty Deed Made this December g, 2004 A.D.. By FILE HUM 2004021454 OR BK 00548 PG 0960 SHN01 ROBERT50Nr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTT. FL RECORDED 1V13nO04 10:38r1S Ali RECORDiN6 FEES 1U.00 DEED DOC 700.00 RECORDED BY 6 lletthourn Tummy 1_ Byrd, Sr. and Sheryle S, Byrd, husband and wife, whose address is: 5" SW 67th Drive, Okeechobee, FL 34974, hereinafter called the grantor, to R.J. Remodeling Enterprises, Inc., A Florida Corporation, whose address is1272 called the grtmtee: (whenevrr used mein toe tau 'graoW MW '~ mettle as tie puties to this ousmoxrt aw the heirs. kpi tepreanudim and assigns of individuals, and the sooeesors and assigns ) Witnesseth, that the gash 1�m a oe of the stint of Tin Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, ins, sells, aliens, remises, releases, conveys and conforms unto the grantee, all that certain land situate in Okeechobee Car vim The East 1/2 of Lot 20 and ALL ofLOU Wa*24, Block DTR , CENAL PARK, according to the Plat thereof recorded in Plat Book 2, Page 39, of" c of OkkeaChhobee County, Florida. V � Parcel ID Ntanber. 3-22-37 Together with all the tenements, h � therm belonging or appertaining - Together Have and to Hold, the sane in fee simple forever. And the grantor hereby covenants with said grantee that the graotor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the tide to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all enannbrances except taxes accruing subsequent to December 31, 2003_ In Witness Whereof, the said grantor has signed and sealed time presents the day and year first above written. G • Sberyle S. Byrd Address: Drive, Okeechobee, Fl. 34974 State of Florida County of Okeechobee The foregoing instrument was acknowledged before we this 8th day of Decry bur, 2004, by Jirtnn L. Byrd,.Sr. d :Sheryle S. Byrd, husband and wife, who is/are personally !mown to me or who has produced / — as identification. POW Project # 03152007-01. Surface Water Calculations To Construct a Surface Water Management System To serve Central Park Oak IN OKEECHOBEE COUNTY, FLORIDA 3 -22-3 7-3 5-0030-OOODO-0200 (SECTIONS 3, T 22 S / R 37 E) Prepared By: ASMUSSEN ENGINEERING, LLC ENGINEERING & ENVIRONMENTAL SERVICES P.O. Box 1998 Okeechobee, FL 34973-1998 (863) 763-8546 BPE No. 26134 April 2007 ENGINEER OF RECORD: Loris Asmussen, P.E. FBPE No. 50693 DRAINAGE STATEMENT I. HISTORICAL DISCHARGE DESCRIPTION: The project site was originally designed to drain to the road side ditch that is part of the master drainage system designed for the City of Okeechobee. II. OFFSITE FLOODING ISSUES: No offsite flooding issues are expected as part of this construction. M. ALLOWABLE DISCHARGE: The project site is designed with a retention system, and will have no discharge structure. IV. WATER TABLE: The wet season water table is provided at 16.5 FT. V. WATER QUALITY: The required retention is 0.03 AG -FT based on 1 inch over the entire project site. The project will provide 0.07 AC -FT of retention for water quality treatment through approximately 0.09 acres of dry retention area, VI. FLOOD ROUTING CALCULATIONS: There are zero discharge calculations included in this report for several storm events. Please refer to the excel flood routings section for the zero discharge calculations. EXCEL FLOOD ROUTINGS Storm Event Summary Table PROJECT DRAINAGE SUMMARY Project: CENTRAL PARK OAK Project #: 03152007-01 3 Year - 1 Day 10 Year - 1 Day 25 Year - 3 Day 100 Year - 1 Day 1 Q0 Year - 3 Day Li 100 Year -Zero Discharge "* Revised: Engineer: SPS Date: 4/2/2007 TP40 Rainfall Events: 3 Year 1 Day = 4.0 inches 10 Year 1 Day = 5.0 inches 25 Year 3 Day = 9.0 inches 100 Year 1 Day = 8.5 inches 100 Year 3 Day = 10.0 inches CENTRAL PARK OAK 040207,Projeat Summary POST -DEVELOPMENT LAND USE CALCULATIONS Revised: Project: CENTRAL PARK OAK Engineer: SPS_ — Project #: 03152007-01 Date: 4/2/2007 _ Land Use Table Ube I-- f--% D--,i-.— [-,I Tnfal [ari Buildings = D.R.A �,d'i Bottom = D.R.A. (Slopes) = Ditch Driveway = Remaining = TOTAL = Find Curve Number: 0.13 0,05 0.00MO.04 7- 0.04 0,01 0.08 0,00 0.08 0.00 1 0,39 0.39 0.22 0.48 0,70 Avg. Pervious Ground El. = 19.30 Control Elevation = 16.50 Distance to Water Table = 2.80 Soil Storage = 5.80 inches Soil Storane Table From B.O.R. Mum. 87 lwl pth to Water T. ft)tora a (in .0 1 0.6 3.0 Finn the basin's soil classification and input below as "Soil Storage" using the above "Depth to W.T.". Developed Pervious Area = 0,48 Undeveloped Pervious Area : 0,00 Soil Storage = 5.80 Soil Moisture Storage (S) = 2.98 Curve Number = 77 CENTRAL PARK OAK 040207.Post LU POST STAGE -STORAGE CALCULATIONS Revised: Project: CENTRAL PARK OAK Engineer: SPS Project #: 03952007-01 Date: 412/2007 Computation 'type Stage -Storage Starting Stage 17.0 Ending Stage 20.5 Stage Increment 0.50 Note: Stage Increment < End Elev -Start Elev D.RA @. Name Buildings Bottom D.R.A, (Slopes) Ditch Driveway Remaining Area 0,13 0.05 0,04 0.01 0.08 0,39 Stull Elev 20.50 I7,50 17.50 17.20 19.70 18.10 End Elev 0.00 0.00 18,50 20,00 20.40 20.00 Stage Vert Vert Linear Linear Linear Linear Total reet Storage Storage Storage Storage Storage Storage Storage NGVD Ac-ft Ac-ft Ac-fl Ac-11 Ac-ft Ac-fl Ac-ft 17.0 0,00 0.00 0.00 0.00 0.00 0.00 0.0 17.5 0.00 0.00 0.00 0.00 0,00 0,00 0.00 I8.0 0.00 OM 0,01 0.00 0.00 0M 0.03 18,5 0.00 0.05 0,02 0.00 0,00 0.02 0.09 19.0 0A 0,08 0.04 0,01 U0 0.08 0.20 19.5 0.00 0.10 0.06 0.01 0.00 0.20 0.4 20.0 0.00 0.13 0.08 0,01 0.01 0.37 0.6 20.5 0.00 0.15 0,10 0.02 0.05 0,57 0.9 CENTRAL PARK OAK 040207, PoO -SS ► r ► POST -DEVELOPMENT WATER QUALITY CALCULATIONS Revised: _ Project: CENTRAL. PARK OAK Engineer: SPS — Project #: 03152007-01 Date: 4/2/2007 1-inch Over the Project Area (Treated Volume) 1-inch 1-11/12-in 0.70 PROJECT AREA 2.5-inches Times the Percent Impervious (Site Area) (Impervious Area) (% impervious) 0.13 0.06 AC - TREATED VOLUME ) = 0.57 AC PROJECT water AREA (AC) Management(A ROOFS (AC) SITE AREA C) 0.57 - 0,48 - 0,09 AC SITE AREA PERVIOUS AREA IMPERVIOUS (AC) (AC) AREA IMPERVIOUS AREA' 100% - 15,79% SITE AREA (AC) (2.5-in' % Imp.) 2.5-inches * 15.79% = 0,39 PERCENT INCHES TO BE IMPERVIOUS TREATED (Treated Volume) 0,39 1-ft/12-in * 0.70 0.02 AC -FT TREATED (IN) PROJECT AREA - LAKES (AC) TREATED VOLUME Required Wet Detention = 0.06 AC -FT Required Dry Detention (0.75% of wet) = 0,04 AC -FT Required Retention (SO °k of wet) = 0.03 AC -FT Dry Pre -Treatment (Commercial / industial Only) = 0.03 AC -FT Total Required Treatment = 0.06 AC -FT RESULTS: Project will provide 0.07 AC -FT with Dry Retention Swale. CENTRAL. PARK OAK 040207,Post-WO POST ZERO DISCHARGE STAGE CALCULATIONS Revised: Project: CENTRAL. PARK OAK Engineer: SPS Project #: 03152007-01 Date: 4/2/2007 Area, A (ac) = 0.70 Curve plumber, CN = 77 Soil Storage, S (inches) = 1000/CN - l(2.98 Depth of Runoff, Q (inches) = (P - 0.2S)2/(P + 0.8S) Volume, V (AC-F1) = A * Q 0-Dis. Routed P inches inches V AC- Stage FT-NGVD Stage FT NGVD Discharge CFS 3 Year - 1 Day 4 1.81 0,11 18.6 NIA 0.0 10 Year - 1 Da 5 2,63 0.15 18.8 N/A 0.0 25 Year - 3 Da 9 6.20 0.36 19A N/A 0.0 100 Year - 1 8.5 5.74 0.33 19.3 N/A 0.0 100 Year - 3 Da l0 7.14 �.42 i9.6 N/A 0.0 Results: CENTRAL PARK OAK 040207,Post--Odis NOI ` I I 20' 10' 0' 20' 1 /NCH = 20 FEET (1 ' = 20 SURVEY OF: THE EAST 1/2 OF LOT 20 & ALL OF LOTS 21-24, BLOCK D, CENTRAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 39, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. BOUNDARY SURVEY PLOT PLAN PREPARED FOR: K J 15UILDF-K5 RENOVATORS, INC. SHEET1OF1 LYING IN SECTION 22, TOWN5HIP 37 SOUTH, RANGE. 55 EAST OKEECN05LE COUNTY, I~LOKIDA PROJECT INFORMATION CALCULATED BY: RR CALCULATION FILE NAME: N/A DATE DRAWN:02/01/2007 DRAWN BY: RR DATE CHECKED:02/02/2007 CHECKED BY: JAW FIELD SURVEY DATE: 01/18/2007 FIELD BOOK & PAGE: 15/15-16 PROJECT NUMBER: 07-0011 DRAWING NUMBER: R.J. REMODELING ENTER.\DWG\07-0011 EXPEDITION 5UKVE Y/NG & ENG/NEEKING 2.0 1, 75 1.5 1.25 1.0 0.5 0 1P 7 �? 2 OFFICE: 304 NW 5th STREET — OKEECHOBEE MAIL: POST OFFICE BOX 1610 — OKEECHOBEE, FLORIDA 34973 PHONE: 863-357-6688 FAX: 863-357-6684 johnw—esm®earthlink.net CENTRAL PARK OAK 3-22-37-35-0030-000DO-0200 OKEECHOBEE, FLORIDA PREPARED FOR: RICK VALENTE OWNED BY: R J BUILDERS & RENOVATORS, INC. PREPARED BY: s ASMUSSEN ENGINEERING, LLC P.O. BOX 1998 OKEECHOBEE, FL 34973-1998 LOCATION N.T.S. 48 HOURS BEFORE DIGGING CALL TOLL FREE 1-800-432-4770 SUNSHINE STATE ONE CALL OF FLORIDA, INC. it Lli V) 1n SHEET INDEX: SHEET 1 OF 5: COVER SHEET- 2 OF 5: PAVING, GRADING & DRAINAGE SHEET 3 OF 5: DETAILS SHEET 4 OF 5: TOPOGRAPHIC INFORMATION SHE T F 5: SPECIFICATIONS ,��� ASMUSSEN ENGII P.O. Box 199 OKEECHOBE , FLORIDA 5A b bj TEL: W3) 763- 2' PVC WATER MAIN 0 1 BM MANHOLE RIM EL. 18.97 NGVD 4' GRAVITY SEWER LINE= 15' ALLEY .ASS W ui I +tip ®,DRY RETENTION 3,831 SOFT." _ 2 cm BOTTOM ELEV, = 17.50 NGVD A 5' t ® t t ® t t cm)t ® t B B 3 0' 10' y t 3 . 4 .5' II � ? � n' 43.5' c9 4 , 4: .5' ��i, `�� 4 ,5' uJ 5 a t t 5' a I� t t 5 Rj� t t 5Q J t I i U. I l � :f 6.5 6.5' 6.5 6.5 PEW® c = 4 ®.. t t t t t EXISTING 5'x211' CONC. WALK ® C ® ®y. ® 41 C� ®, 71 +tip' rl i SAW CUT 6 MATCH SAW CUT 1, MATCH SAW CUT S. MATCH SAW CUT L MATCH 70' /W +���1 R15' R15' R15' R15_ SE 5th ST/RtET 30 LF 15' CMP 30 LF 15' CMP 30 LF 15' CMP 30 LF 15' CMP INV. EL 17.1' INV. EL 17.1' INV. EL 17.1' INV. EL 17,1' W/MES W/MES W/MES W/MES o' EXISTING 15' CMP INV, EL 17,7' — 4' D❑CTILE IRON PIPE WATER MAIN LEGEND SITE 30,750 SO FT .70 AC IMPERVIOUS 10,680 SO FT 34% BUILDINGS 5,532 SQFT 51% CONCRETE 6,811 SOFT - 64% CONCRETE ON SITE 3,744 SOFT 55% CONCRETE OFF SITE 3,067 SOFT 45% ASPHALT 0 PERVIOUS 20,070 SOFT 65% GRASS 16,155 SOFT 0 80% RETENTION AREA 3,915 SOFT 20% 31.00 PROPOSED ELEVATIGN 30 EXISTING ELEVATION —0 DIRECTIONAL FLOW BUILDING TOP OF BERM EL 19.70 Q PROPERTY CORNER ALL ELEVATIONS ARE NGVD BUILDINGS ARE LESS THAN 45' HIGH EXISTING 18' CMP INV. EL 17.1' i n.g. VARIES n.g. VARIES PL n.g. VARIES 2 2 SECTION A -A PL 1,5' n.g. VARIES 2 2 SECTION B-B PL NOTE: 1) COMPACT SWALES TO 95% MAX DENSITY FOLLWING COMPLETION OF FINISHED GRADE. 2) DRY RETENTION TO BE SODDED WITH BAHIA. 1' PERMETER BERM EL. 19.70' 15'-� ASPHALT ROADWAY n.g. VARIES 5'CONCWALK � z z SECTION C-C 2' SOD MITERED END / PER FDOT INDEX 272 15" DIA. CMP CA ROADSIDE SWALE MITERED END CMP WITH CULVERT INVERT AT SWALE INVERT Section View TYPICAL CULVERT DETAIL N.T.S. WOVEN SILT — LOK 36-200—P POLYPROPYLENE FABRIC OR 36" WOODEN STAKE[JjjL_1ftT6"w APPROVED EQUAL W EXISTING GROUND RAP AND FILL SILT CURTAIN DETAIL NTS 6" THICK CONCRETE 3000 PSI O 28 DAYS W/ 6"x6" 1010 WWM. 12" LIMESTONE/SHELL/CRUSHED CONCRETE (SIX it INCH LIFTS) COMPACTED TO 98% MAX. DENSITY "k �ks'4' '>Y'• , �'' PER AASHTO T-180 _ ACCESS 15" DIA. CMP'' CONCRETE ACCESS — PARKING Plan View N.T.S. GRUBBED/STABILIZED SUB —GRADE COMPACTED TO 95% DENSITY PER AASHTO-180 TYPICAL CONCRETE DETAIL NTS CONCRETE MITERED END IN ACCORDANCE WITH SECTION 430, /_ FDOT STANDARD SPECIFICTIONS /L ROADSIDE SWALE P�OKE U: --� 1 BM MANHOLE RIM EL,18,97 NGVDL -�,, 15' 5' CONC. W 70' /W SE 5th STREET EXISTING 15' CMP INV, EL 17,7' S �O O +3�� EXISTING ELEVATION 'ZIIIAP XISTING 18' CMP INV, " EL 17,1' II Q� A ASMUSSEN ENGINEERING, LLI P.O. Box 1998 1 OKEECHOBEE, FLORIDA 34973-1998 TEL: (863) 763-8546 PROJECT NUMBER CENTRAL PARK OAK CENTRAL PARK OAK.dwil SHEET 031 52007-01 SCALE 1'=30' 1 CERTIFICATE OF 4 5 APRIL, 2 2007 AUTHORIZATION NO. 28134 of TECHNICAL SPECIFICATIONS: Clearing and Grubbing shall be performed in accordance with Section 110, Florida Department of Transportation (FDOT) Specifications. This shall include, but not be limited to, the complete removal of all trees, brush, stumps, roots, grass, weeds, rubbish and other undesirable material to a depth of 18 inches below natural ground or proposed finished grade, whichever is lower. Areas to be cleared generally consist of the right—of—way (necessary for road construction and swale installation), conveyance swales and drainage and utility easements. Erosion control shall be accomplished by seeding and mulching, as determined to be necessary by the contractor, the engineer or City of Okeechobee. All material removed from the site shall be legally disposed of in accordance with local, state and federal requirements. Organic material may be burned on —site provided the Contractor obtains all the required burn permits. Any unburned remains shall be disposed of off —site in accordance with established requirements. THE CONTRACTOR SHALL MAINTAIN ALL STORMWATER ON —SITE DURING CONSTRUCTION, TO PREVENT DISCHARGE OF TURBID WATER TO THE RECEIVING SYSTEM. SHOULD SEVERE STORM EVENTS OCCUR, THAT MAKE CONTAINMENT IMPOSSIBLE, THE CONTRACTOR SHALL TAKE ALL POSSIBLE STEPS TO PREVENT DISCHARGE OF TURBID WATER. SOME OF THESE 'STEPS' INCLUDE: INSTALLATION OF ADDITIONAL SILT FENCE, UTILIZATION OF HAY BALES AND CONTAINMENT BERMS. All earthwork and grading shall be performed as required to achieve the final grades, typical sections and elevations indicated on the plans. In all other respects, materials and construction methods for earthwork, embankment, excavation and grading shall conform to the requirements of FDOT Specifications, Section 120. Any plastic or otherwise undesirable material within three (3) feet of finished road grade shall be removed and replaced with suitable material. All areas proposed for paving shall be constructed in accordance with the design grades and typical sections shown on the drawings. Construction shall be in conformance with City of Okeechobee requirements. Asphalt may be substituted for concrete, but must meet City of Okeechobee minimum standards (see LDRs). A. Asphalt: Prime coat and tack coat for base course, and between lifts, shall conform to the requirements of Sections 300-1 through 300-7 of the FDOT Specifications. Prime coat shall be applied at a rate of 0.25 gallons per square yard and tack coat at a rate of 0.10 gallons per square yard, unless otherwise approved by the Engineer. Asphalt surface course shall be one and 1/2—inch of Type S-3 per FOOT Section 331, with a maximum aggregate size of 1/2—inch and shall have a minimum Marshall stability of 1,000 pounds. Thickness shall be as specified above for each pavement section. B. Base: An twelve —inch base shall be compacted to 98% maximum density (six—inch lifts) per AASHTO T-180. All limerock—shell shall meet the minimum requirements of FDOT Section 911. As an alternative, cemented coquina conforming to FOOT Section 915 may be used as a substitute, with the some compaction specifications previously described. C. Sub —grade: The sub —grade shall be compacted to 95% of maximum density per AASHTO T-180, and stabilized to a minimum FBV of 50 psi. Sub —grade shall be thoroughly rolled with a pneumatic —tired roller prior to scheduling any sub —grade inspection. D. Sod: A minimum of a four —foot wide strip of Bahia sod shall be placed along the edge of all constructed pavement to aide in controlling erosion and maintaining soil stability. In addition, Bahia sod shall be placed along the entire length of the detention area. This sod will be located landward from the proposed control elevation. Sod shall be placed in conformance with FDOT Section 570, 575 and 981. E. Seeding, Fertilizing and Mulching: All disturbed areas sholl be stabilized with seed, fertilizer and mulch upon completion and acceptance by the Engineer of final grading. Seeding, fertilizer and mulch shall be used in conformance with FDOT Sections 570, 575 and 981. Hydromulching will be an acceptable method of providing ground cover, where sod is not required. However, established methods of application must be employed. The contractor is responsible for establishing a stand of grass sufficient to prevent erosion and to allow ultimate removal of temporary silt fencing. This applies to those areas not covered by sod (specified above). F. Testing: The contractor shall secure the services of an approved independent testing laboratory to conduct all required testing on sub —grade, base, asphalt and concrete. Locations required for these tests shall be the minimum, as required by the City of Okeechobee. The engineer may require additional tests. Should any test fail, the contractor shall at his own expense, repair the deficiencies and retest the work until compliance with the specifications. G. Traffic control: The installation of Traffic Control Devices shall be in conformance to the requirments of the Manual of Uniform Traffic Control Devices and Okeechobee County requirements. 4. DRAINAGE IMPROVEMENTS: All labor, materials and construction methods shall be in conformance to the minimum engineering and construction standards of the City of Okeechobee and FOOT. Trench excavation and back —filling operations shall meet or exceed the requirements of FOOT specifications, Section 125. The contractor shall provide the necessary back —fill compaction testing required to demonstrate compliance with this section. The pipe trench shall be dry when pipe is laid and the pipe shall be bedded as per FDOT specifications. THE CONTRACTOR SHALL COMPLY WITH CHAPTER 90-96, LAWS OF FLORIDA, WHICH REQUIRES THE CONTRACTOR PERFORMING TRENCH EXCAVATIONS OVER FIVE FEET IN DEPTH TO COMPLY WITH ALL APPLICABLE TRENCH SAFETY STANDARDS AND SHORING REQUIREMENTS AS SET FORTH IN THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S (OSHA) EXCAVATION AND SAFETY STANDARDS, 29 C.F.R. 19926.650, SUB —PART P AND INCORPORATED AS THE STATE OF FLORIDA STANDARD, AS REVISED AND/OR UPDATED. THE COST OF COMPLIANCE WITH THIS REQUIREMENT SHALL BE INCLUDED AS A SEPARATE LINE ITEM ON THE CONTRACTOR'S BID. OTHERWISE, THE CONTRACTOR CERTIFIES THAT THE COST OF COMPLIANCE IS INCLUDED IN THE UNIT COST OF ALL ITEMS OF WORK, WHICH THIS REQUIREMENT APPLIES. A. Sufficient cover shall be provided to conform with FDOT requirements. B. Existing drainage consists of sheet flow to the north to an existing ditch (refer to the topographic sheet). Proposed dry detention will provide storage and water quality treatment. Following treatment, discharge will be via an outfall control structure (refer to Details). C. Contractor to used the grades shown on the plan sheet as a guide. Site is to be graded to drain to (dry detention) and outfall to the existing ditch to the north via the control structure. D. Contractor to locate all utilities prior to initiation of on —site construction activity. E. Minimum building finished floor shown is above the 100 year-3 day storm stage(30.8 NGVD). An elevation of 32.25' NGVD was selected as the finished floor elevation for this site. F. Water and sewer, (to be provided by OUA and a lift —station connecting to the existing sewer system). Approvals from OUA and FDEP will be obtained as required. EROSION AND SEDIMENT CONTROL NOTES: Construction activities can result in the generation of significant levels of pollutants, which may reach surface and/or ground waters. One of the primary pollutants of surface waters is sediment in erosion. Excessive quantities of sediment reaching water bodies has been shown to adversely affect the physical, biological and chemical properties of receiving waters. Transported sediment can obstruct stream channels, reduce the hydraulic capacity, reduce the conveyance capacity of culverts and other conveyance facilites and adversely impact benthic invertebrate and fish species through siltatation. Excessive suspended sediments reduce light penetration and therefore reduce primary productivity within these receiving systems. MINIMUM STANDARDS: 1. Sediment basins, perimeter berms, erosion control barriers and other measures, implemented to trap sediment transport, shall be constructed as the first step in any land disturbing activity and shall be made functional before any land disturbance takes place. 2. All sediment control measures are to be adjusted to meet field conditions at the time of construction and be constructed prior to any grading or disturbance of existing surface material. Perimeter sediment barriers shall be constructed to prevent sediment or trash from flowing, floating or blowing onto adjacent properties. 3. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site. Temporary soil stabilization shall be applied within seven days to denuded areas that may not be at final grade, but will remain undisturbed for longer than 30 days. Permanent stabilization shall be applied to areas that are to be left undisturbed for more than one year. 4. During construction of the project, soil stockpiles shall be stabilized or protected with sediment trapping measures. The applicant is responsible for the temporary protection and permanent stabilization of all stockpiles maintained on —site, as well as, soil intentionally transported from the site. 5. A permanent vegetative cover shall be established on denuded areas, not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved that, in the opinion of the Reviewer, is uniform, mature enough to survive and will function to inhibit erosion. 6. Stabilization measures shall be applied to earthen structures such as dams, perimeter berms, dikes and diversions immediately following installation. 7. Surface runoff from disturbed areas, that are comprised of flow from drainage areas greater than or equal to one acre, shall be controlled by a sediment basin. The sediment basin shall be designed and constructed to accommodate the anticipated sediment loading from the disturbed area. The outfall device or design shall take into account the total drainage area flowing through the device from the disturbed area. 8. Following any significant rainfall event, sediment control structures will be inspected for integrity and functionality. Any damaged devices shall be corrected immediately. 9. Concentrated runoff shall not flow down, cut or fill slopes unless contained within an adequate temporary or permanent channel or structure. 10. Whenever water seeps from a slope face, adequate drainage or other effective protection shall be provided. kallivCtJ s � -�007 11. Prior to swales becoming operational, compaction and sodding of these areas shall be completed in accordance with the plans, City of Okeechobee and FDOT requirements. 12. Periodic inspection and maintenance of sediment control must be provided to ensure that the intended purpose is accomplished. The developer, owner and/or contractor shall be continually responsible for all sediment leaving the property. Sediment control measures shall be in working condition at the end of each working day. 13. Underground utility lines shall be installed in accordance with the following standards, in addition to all other applicable criteria: A. No More than 500 linear feet of trench may be opened at one time. B. Excavated material shall be placed on the uphill side of trenches. C. Effluent from dewatering operations, if proposed, shall be filtered or passed through an approved sediment trapping device, or both. Then discharged in a manner that does not adversely affect receiving systems or adjacent lands. D. Restabilization shall be accomplished in accordance with these regulations. 14. Where construction vehicle access routes intersect paved public roads, provisions shall be made to minimize the transport of sediment by tracking onto paved surfaces. Areas where sediment is transported onto public road surfaces shall be cleaned regularly. Sediment shall be removed from the roads by shoveling or sweeping with transport to a sediment control disposal area. Street washing shall be allowed only after sediment is removed in this manner. 15. All temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization or after the temporary measures are no longer needed. Disturbed soil areas, resulting from the disposition of temporary measures, shall be permanently stabilized to prevent further erosion and/or sedimentation. 16. Properties and waterways downstream from the construction site shall be protected from sediment deposition and erosion. 17. Erosion control design and construction shall follow the requirements in Index No. 101, 102 and 103 of FDOT Roadway and Traffic Design Standards. 18. The reviewer may approve modifications or alter the plans for these erosion control criteria due to site specific conditions. 19. Elevations shown ore referenced to NGVD. Please see engineer for benchmark information prior to commencement of construction. EXHIBIT 7 DUNE 5, 2007 LARUE PLANNING & MANAGEMENT SERVICES, IRC. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 - FAX: 239-334-6384 e-mail: jim@larue-planning.com Memo To: Brian Whitehall, City Administrator City of Okeechobee From: Jim LaRue Date: May 23, 2007 Subject: Administrative Procedures for Reviewing Site Plans As we have been examining the administrative role of the Planning Board for reviewing conceptual plans for PUDs under the revised ordinance, Bill and I have discovered a Planning Board duty in the Land Development Code that has been seldom used. Sec. 70- 152 subsection (5) (see attached) gives the Planning Board the authority to review TRC recommendations on site plans and determine whether a site plan conforms to the LDRs. Contrary to above the common staff practice has been to forward TRC recommendations to the City Council only if there are exception requests for parking, etc. Otherwise the TRC recommendations stand without further review. While it doesn't really matter which procedure we use it is best to be consistent with the Code. If the TRC approach without further review by the Planning Board is the most favored approach it would be best to show that as their Code responsibility instead of the Planning Board and the Council would still hear parking exception requests. With the Council's direction the Code can be revised quickly. If the current Code is to be followed, as shown in subsection 5 we should probably send TRC recommendations on site plans to the Planning Board. If this issue can be brought to the Council for direction at one of their upcoming meetings it would be helpful to all of us who are processing such items as site plans. JGL:glp cc: Betty Clement John Cook Lane Gamiotea Bill Brisson i Brian Whitehall Administrative Procedures for Reviewing Site Plans Attachment Attachment Sec. 70-152. Powers and duties. The planning board shall function as an advisory body making recommendations to the city council, and shall have the following powers and duties: (1) Local planning agency. Pursuant to and in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, the planning board is hereby designated as the local planning agency. (2) Regulations amendment. To hear petitions for changes in these regulations, and to make recommendations to the city council. (3) Rezoning. To hear petitions for zoning district boundary changes in these regulations, and to make recommendations to the city council. (4) Subdivision plats. To review and make recommendations to the city council on preliminary subdivision plat submissions. To make recommendations to the city council on acceptance of dedicated land. To make recommendations to the city council of findings precedent to reversion of subdivided land to acreage. (5) Site plans. After reviewing recommendations by the technical review committee to determine whether specific proposed developments conform with the requirements of these regulations. (6) Temporary use permit. To hear petitions for temporary use permits as authorized in these regulations. (7) Other planning and zoning matters. To perform other duties as the city council may specifically assign, including: a. To recommend to city council principles, policies, regulations promoting orderly city development. b. To determine whether specific proposed developments conform to the requirements of the comprehensive plan and these regulations. c. To conduct such public hearings to gather information necessary for maintenance or the comprehensive plan and these regulations. d. To inform and advise the city council on these and other matters as specifically assigned. (LDR 1998, § 157(2))