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1196 #19-003-SSA SF to MFORDINANCE NO. 1196 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 RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL (APPLICATION NO. 19 -003 -SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND 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 Statutes provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain Application (No. 19 -003 -SSA), submitted by Mr. Reuven Rogatinsky, on behalf of the property owner, Frank Altobello Charitable Remainder Trust III, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said Application being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised Public Hearing held on September 19, 2019, which determined such Application 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 recommendation of the Planning Board that the proposed Application complies with the requirements of Florida Statutes 163, Part II, and that the proposed Application is 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: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to Florida Statutes 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 9.12 acres is hereby re- designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 19 -003 -SSA, from Single Family Residential to Multi -Family Residential. The Legal Description of Subject Property is as follows: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°5311" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 6TH STREET, A DISTANCE OF 285.32 FEET, TO THE POINT OF BEGINNING; Ordinance No. 1196 Paae 1 of 2 THENCE CONTINUE SOUTH 89°53'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89°53'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. 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 that the provisions of this Ordinance, and the revisions to the Future Land Use Map which are 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: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: 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 7: EFFECTIVE DATE. The effective date of this plan amendment shall be thirty-one (31) days after the adoption of this Ordinance, if not timely challenged. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. INTRODUCED AND ADOPTED at First Reading and Final Public Hearing on this 15th day of October, 2019, pursuant to Florida Statutes 163.3187(2). ATTEST: L 7 Lane Gamiotea, CM City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1196 Paae 2 of 2 Dowling R.VV tford; City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fax: 863 763-1686 Date: Petition No. ? . j Fee Paid: 4 L , Jurisdiction: f' 1" Hearin :y 2" Hearing: -►�-� publication Dates: Notices Mailed: 11A TO BE COMPLETED BY CITY STAFF: Verified FLUM Designation: SF .Y . f Verified Zoning Designation: Plan Amendment Type: ❑ Largc�Scale (LSA) involving over 10 acres or text amendment ® Small Scale (SSA) 10 acres or less Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is: Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. ,a t -Z I vo 19 Date Signature of Owner or Authorized Representative* *Attach Notarized Letter of Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) Applicant Reuven Ro atg insky Address 3113 Stirling Road, Suite 103 City Fort Lauderdale State FL Zip 33312 Telephone Number 954-536-6081 Fax Number E -Mail reuvenr1725@gmail.com Agent* STEVEN L. DOBBS Address 209 NE 2ND STREET City OKEECHOBEE State FL Zip 34972 Telephone Number 863-824-7644 Fax Number E -Mail SDOBBS@STEVEDOBBSENGINEERING.COM Owner(s) of Record Frank Altobello Charitable Remainder Trust III Address P.O. Box 417 City Okeechobee 863-610-0592 State FL Zip 34973 fmirby@embargmail.com Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 111. REQUESTED CHANGE (Please See Section V. Fee Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment ❑x Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): TO CHANGE THE FUTURE LAND USE OF THE 9.12 ACRES OF THE PARCEL FROM SINGLE FAMILY RESIDENTIAL TO MULTIFAMILY RESIDENTIAL A. PROPERTY LOCATION: 1. Site Address: SW 2ND STREET, OKEECHOBEE, FL 34974 2. Property ID #(s): 2-21-37-35-OA00-00006-0000 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) I . Total Area of Property: 9.12 ACRES 2. Total Area included in Request: 9.12 ACRES a. In each Future Land Use (FLU) Category: (1) (2) (3) (4) b. Total Uplands: 9.12 AC:RF.S C. Total Wetlands: For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: HOLDING 4. Current FLU Category: SINGLE FAMILY RESIDENTIAL Existing Land Use: UNIMPROVED 6. Requested FLU Category MULTIFAMILY RESIDENTIAL D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential 9.12 9.12 Density (DU/Acre) 5 10 Number of Units 46 91 Commercial (sq.ft.) ___ --- Industrial (sq. t.) _-_ --- At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 1/3. A map showing existing land uses (not designations) of the subject property and surrounding properties. ✓4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. V5. Map showing existing zoning of the subject property and surrounding properties. v%6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 4 of 7 Applicaton for Comprehensive Plan Amendment (6/09) ✓7. A copy of the deed(s) for the property subject to the requested change. ,/8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; 'f b. Water and Sewer; V/c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: A. Wetlands and aquifer recharge areas. ,/2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. ,15. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. V. FEE SCHEDULE Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each VI. AFFIDAVIT I, REUVEN ROGATINSKY , certify that I am the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the be I ofmy knowledge and belief. I also authorize the staff of the City of Okeechobee to enter n the pro y during normal working hours for the purpose of investigating and evaluating the st mad ough this application. Signature of Owner or Authorized Agent Date REUVEN ROGATINSKY Typed or Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoin,g, instrument was i- 20� , by or w1io has produced 3 1xVP.CGS C ,qM NNotary Public State of Florida Megan N Campbell My Commission GG 226741 o�R Expires 10/0772022 and subscribed before me this a?" day of 0 6A twc Y:l , who is personally known to me MOW Public Printed Nine of Notary Commission Expires on: c) 0 % 2qLZ For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 7 of 7 The Emerald Greens Apartments City of Okeechobee Comp Plan Amendment Support Documentation A. General Information and Maps Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. None proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Attached 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Attached 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. To the north is a parcel that has a Future Land Use (FLU) of Single Family and is being used as either vacant or Single Family. To the east of this parcel is vacant land with a FLU of Multifamily. To the south, all the land has a FLU of Single Family with mostly undeveloped land and a church. To the west there are many parcels, some undeveloped, but most developed as single-family residences, a couple of undeveloped parcels, and a church. The proposed Future Land Use designation is consistent with the current major developed uses in the area and to the largest extent the surrounding parcels are vacant or undeveloped. 5. Map showing existing zoning of the subject property and surrounding properties. Attached 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Attached 7. A copy of the deed(s) for the property subject to the requested change. Attached 8. An aerial map showing the subject property and surrounding properties. Attached 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. The existing FLU for the proposed property is 9.12 acres of Single Family. The maximum density of the FLU Single family has a maximum density of 5 units per acre, which would yield a total of 46 units. For a total traffic count of 509 daily trips and 48 peak hour trips. The proposed FLU Multi -Family for these parcels would have a maximum density of 10 units per acre, for a total of 100 units according to the City's Comprehensive Plan, which would yield a total of 715 daily trips with a peak hour of 59 trips. This represents an increase of 206 daily trips and 11 peak hour trips. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use Designation, the applicant shall attach a Traffic Impact Study Prepared by a professional transportation planner or transportation engineer. Please see the attached traffic statement. b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepare by a professional transportation planner or transportation engineer. N/A c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accommodate traffic associated with the proposed change over a ten-year planning period. Acknowledged. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change. Acknowledged. 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses Assume 2.5 residents per household Current = 46 * 285 = 13,110 gpd Future = 91 * 285 = 25,935 gpd (2) 0.15 gallons per day per square foot of floor area for nonresidential uses Current 0 * 0.15 = Ogpd Future 0 *0.15 = 0 gpd Current total = 0 gpd Future total = 25,935 gpd b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. The proposed project will provide over 2 acres of active and passive recreation uses. The projected population of the 191 unit project @ 2.5 residents per household is 488. The open space recreation areas exceed the 3 ac/ 1000 person criteria. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; Please see attached letter from Waste Management. b. Water and Sewer: The impact of the potential FLU change is addressed in the letter provided by OUA. Please note when this original request was put together it was for a 19.1 acre request when we found out the north halfwas already multifamily, the request has been amended, but there was not reason to ask for a new letter from OUA since this increase in capacity is less than originally requested. c. Schools. Please see the attached letter from the Okeechobee County School Board stating they have sufficient capacity to serve this development. Please note when this original request was put together it was for a 19.1 acre request when we found out the north half was already multifamily, the request has been amended, but there was not reason to ask for a new letter from the Okeechobee County School Board since this increase in capacity is less than originally requested. C. Environmental Impacts Proposed plan amendments shall be accompanied by evidence that the following studies have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. Please see the attached wetland map from the US Fish and Wildlife Service. From this map, there appear to be no wetlands on the subject parcel. However, the biologist has found a small wetland in the southwest corner of the project. 2. Soils posing severe limitations to development There are two soils present at this site from the attached NRCS Websoil Survey, there is three soil types on the parcel Floridana, Riviera, and Placid soils, depressional, Immokalee Fine Sand, 0 to 2 percent slopes, and Myakka Fine Sand, 0 to 2 percent slopes. The depressional soils are in the vicinity of the wetland but should cause no development limitations. 3. Unique habitat. This parcel is undeveloped but provides no unique habitat. 4. Endangered species of wildlife and plants. Since everything around this parcel has been partially developed for many years and with all the development around it, it does not provide the conducive habitat for endangered species. 5. Floodprone areas. According to the attached FEMA map 12093C0480C, the subject parcels are within Zone X and shown as an area of minimal flooding. D. Internal Consistency with the City of Okeechobee Comprehensive Plan 1. Discuss how the proposal affects established City of Okeechobee population projections. This parcel is currently undeveloped. With the anticipated multi -family project, 488 residents will be added to the City population. No adverse impacts to the City population projections are expected, with the projections in line with the Cities anticipated growth and concurrency projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. There is no effect to the Comprehensive Plan Amendment's Policies and Objectives from this request. The minimal increase in density will not change the ability of the city or any other utilities to provide available water, sewer, or roads. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. This project is an undeveloped parcel but will have very limited impact to the County's Comprehensive plan. 4. List State Policy .Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Since the City's Comprehensive Plan has been found to be consistent with all state requirements, this application is also consistent with the State Policy Plan and Regional Policy Plan Goals. Since the major concern as stated in Chapter 163.006(5)(I) is to discourage Urban Sprawl, this application can hardly be classified as Urban Sprawl since it is simply undeveloped land inside the City Limits for development or infill, which is the preferred development pattern. E. Justification of Proposed Amendment Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. Proposed Conditions For the proposed Multi Family Land Use designation, the maximum development is approximately 10 Units per acres. L 1.2.d. Use Measure Rate Gallons per Da Single Family 46 Units @ 2.5 114 gppd 13,110 gpd — water/sewer (Existing) people per unit Multi Family (Proposed) 91 Units @ 2.5 114 gppd 25,935 gpd — water/sewer people per unit 12,825 gpd — water/sewer Net Impact Water and Wastewater Treatment Plants Based on the information obiamed horn Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 3.0 mgd. The maximum daily flow of the combined water treatment plant finished water production is 3.89 mgd for the period of April 2018 through March 2019. The average daily flow of the wastewater treatment plant is 0.916 mgd of the 3 mgd plant for the same time period. Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Police Department will be determined by the local government review. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Fire Department will be determined by the local government review. Solid Waste Waste Management operates the regional solid waste landfill. Waste Management has previously indicated they have a 100 -year capacity left in their facility. Stormwater Management The project is located in the City of Okeechobee and according to the attached FIRM panel 12093C0480C, this parcel is in Flood Zone X. There are no wellfields within 1,000 feet of the parcel. Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre -development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off-site will be minimized by on-site detention within the stormwater management system. The drainage system will be owned, operated and maintained by the owner, who's past record of compliance has beens shown to be a responsible property owner and should be acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: • Oil and grease skimmers; • Environmental swales; • Minimize "short-circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. Parks and Recreation hent will provide over 2 acres of on-site active and passive recreation space. A large multi -use play field, 4 small parklets, and a 6' meandering path around the water management lake will allow recreation spaces within the community. Hurricane Preparedness This project is located outside any project storm surge areas within the City of Okeechobee. The current Florida Building Code requires impact windows and doors, if the residents desire to remain in the units, but management will encourage them to leave. Miscellaneous Data Parcel Control Numbers Subject to this Application 2-21-37-35-OA00-00006-0000 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. av,., The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners FLU Exhibit - r w - _ 46 &S. 4oW� ARM The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners Land Use Exhibit aY} ii � Commercial Multi C Family s ,'r '•' - - Vacant Single Commercial 1 Family -TW C..L,;--+ rl.-.......-+. Day Care The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners Zoning Exhibit a-i0WvMWMft- IM n ARM 40 ' 'tiW IMW �_... Commercial r n r Single Family � oil y + l Single Family Public �d ig )Iding I �t I ding � i BOUNDARY & TOPOGRAPHICAL SURVEY PREPARED FOR ROGATINSKI OESCRIPMV RE07ED fMCM aMC'AL RECORDS BOOK 679• PACE IO02 MO UAVLArrED PARCELS Or LINO, SNOW AS ME RALRa4O ORW,VOS L nNC WMW ME PLA r a, Inc Orr Or O(EEOKABEE As RELYWDLD RJ PLAr BCCM• a PAGE S PUBLIC RECORDS or owirc -aser cowry, nomow, SEC77 N 21 A° TOW,V J7 SWIR RANGE JS EASr, OCEEOILEEE COYMrr nCVOA BUNG MOR£ PAMMLARLr MrAXSED AS FTLLON4 LLMMENCE Ar INE souw ESr CORNER Or MAr PARCEL or LAND LIESORI6ED W OR. Bow 452 PAGE 11,74 PUBLIC RECORDS O" CAMNOWE' COUNTY, nCWtlA AND BEAR SLUM 6957'11- IIESr ALCNG ME NORM RNWr-O'-WAY LAIC OF SW 6M SMREET A LKSTANCE O'• 28SJ2 FEET, r0 MME ro*vr or BE" WW MENGE CO1nNLE SCUM 6857.71• NESr nM ME WIERSECAON WM 771E EAST LINE Oc BLOCK 20; Orr Or OKEEOIOSEE A &STANCE' a' 72330 FEET, MENCE BEAR NORM LOV4.38' NESE, ALONG 7NE rASr UNE OF BLOCK 202, A DISTANCE Or 547.44 FEET; M ENG£ BEAR NORM 1197-178' EASE A DISTANCE Ov 721M FEET D XE, BEAR SOI" DOW'02' EAST, A OSr—or O' .547.28n M ME PONT A scamNMG ON CrAAKMG 9/2 AC4E$ MOPE M LESS ANO Cd1MENCE Ar ME souMNESr CO or MAr PARCEL Or LAND ors-cRa D N OR BOOK 452. PALM' IAM, Posen REVD RW O" OLFEOAC9EE CONVEY, FLORDA AAV BEAR SWM 895'11' NESr ALLNG INE NORM R F -CF -WAY LIVE O' SW 6M S7RErT, ID ME F7ERs£Cnav WM 71E EAsr LIVE Dr BLOCK 20y OIY Or OKEEGNC A ASIANLr 0- 101067 FErr nLUKr BEAR Nomm cow w' KESr, ALONG ME rAsr LWE Or BLOCK 202 A DLSIAALY Or 547.44 rEEr 70 ME PONT Or SMANING MENET' LVNIWUE NORM 0OV478' NEST, A DISTANCE O' 547.44 FEET W ME MORIMFAST CG AVER Lir LOTS BLOCK 20Z OrY OF OKEEOCCBM Mover BEAR NORM 8954"-10' EAST, mmr 5ouv EASr comp? Cr MAr PARCEL Cr LAND OES'OWEO W OR. BOOK 29.E PAGE 257, PUSH RECORDS O' OKEECHCOEr CLC/Nrn FECPoOA A &SrMW O' 70486 rEEr MdCE' BEM NORM WWSS' NESr A OSTARCr Or JM67 FEET M ME AYM RSEVnOV WIN A CURLEW ME 5WnERL Y Rimr-OF-WAY LIVE Or SVUMNEsr 2W7 s1RErr SAID CURW CLNCA NNG FO ME NCRMNESr, NANNC A RADIUS Or 402.71 FEEr A DELrA ANGLE O' 117137' AFD A LONG CHORD BEC RING NORM 6257'-1.7' EASE, A &STANCE Cr 7656 nrr nENCEr ALONG ME ARC &' SAW &ARI£ A DISTANCE' OF MM FEET. MENCr BEAR SWM OOOI•J8' EASE, A OI'STANCE Ar 5-1467 FEET nENCE BEAR SLCIM 695470• NEST, A &srANCr O' 4aev FEET nkNL'E BEAR SV UM ODWIV EASE A OISrAW.r OF w7.25 FErr MEM•' BEM SWM 8957:59' NESr A &STANCE O' 723-1-1 FErr ID ?w PDINr Or BECNN/NC. CCVrAWWG R 90 ACRES. MORE OR LE35 PR0.ECT SPEC/F/C NO7ES ur. J) (AWESS SNOKN OMERWS& ALL OWENSIONS ARE DEED(M) ANO MEASURED(N). 2) SPIE APORM . J)PARCEL AO. 2-2I-J7-JS-LU00-OOOO6-OOOO & 2 -21 -J. -M -O400 -00706-000a 4)F.LR.M. ZONE' 77 MM NO /209JCo4M OAIED 7 -16 -IS S) '05 sURIEY Is Nor NaMom rD OEP/Cr ..UR13VAOMWAL AREAS OR 07HER AREAS D' LOCAL CONCERN, EKC'EPr FOR ur. NE7LAN0 LOCA TED W SW CORNER OF SITE AS OEFINOED BY &FES SOPOMROC KEnANO SPEOAUSr. 6) STA wmR WAS Nor PRONGED WIN ANY n7LE WRWMAnCIV rOR MWS PARCEL SU W)W ASSUMES NO RE5PW9WUTY OR LIABILITY FOR ME ACCURACY Or EASEMENT D/MENS7WS SNOW NEREW. MURE ANY BE OMER ur rA3T7lENIS OR RESMonws mAr of zvr ws PARCEL, 7) ME SURWY DEP/OrED AERE Is NOr CV m?m BY PROES9WAL UABLI/Y W.RFARCE AOOBONS CR O3EnpVS M SURkEY MAPS OR R~?s BY OMER MAR n1E S owc PARTY OR PAR77E3 IS PRONI&7EV M7Warr NRVr7EN camseNr ur Or ME MOVING PARRY OR PAR7AES B) DE ELEVA MWS SHOW ARE BASED W ME NORM AANMCAN Vf RRCAL OA nN OF 19M (NAW M) NOTE ME R"A nWS GRVM4 rM rRCbR IEE NA MVE7C SVRWY OEMOVA ROW R 22(PIO AF55SS) wr. 9) BEARING BASE' ME NORM RICHT &'-WAY OF Sw SM SMEET IS rAA'EN 10 BEAR S 89V9.42W 10) 042 OF LAST FAELO S wr 07/2!/79. �99 MEE LECENO ® - OAK TRE£ _�19-1lItl.BI ---- © e MAPLE TREE NOTE' M£ NUMBER INSYOE ME TREE SWOOP REPRESENTS ME DIAMETER, MORE OR LESS, OF ME 7REE IN INCHES WIS PR£PAR£O FOR ME EXCLUSIW USE OF ROOARNSK/ B y • ® s a/ ye.o6 a•u-i7•ae•eA.Do-°Doos•ooeD � • � e.ev Aoeu I^ �� eV MA TNae ■ 4 - 1v. nJ. ■ B ® u !y Do - o� k_ A...y...... , a.. 1�sY 4eriD......... I� BI) ¢ ar4r mres e . pKt N pAYCTCR M 2 9 MCIlC11 eKA[ Lp:ARD 6 6.,Ee' a 8 �,. 7✓ o a � - ■ a.�bl n n�tv ie:ie � I N �' a..° n acv xe.ee 0 a a .as i.eeN..... ' s.a'.'•se INv. a PVB i.'.oR�7..i Is.e, a'C 'un 1 L—T.. Re.vl ANY. a vv° irelomNiv e.ae a ev �I a. «Id a ea 6, e0 wld 11.18 ,, 03 29 19 349 12-16 DY KAB LOPOCIJAfi.ICAL SURVEY ADDED WETLAND ADDIWNAL TORO 6: TREES 04/26/19 3.0/31 KB KAB 01/23/19 331/66 O. NAB tour 11-100,�•'.`e..� eaA- AtJae[t 33058 LLC rrwlAw ^/'° 1-1- TRADEWINDS SURVEYING SERVICES IID1C! w ._a M w ye64. r.esy N 4NMlly V ew4y «.••I.tb•^. ALTA ACS. LAND TITLE 6: a-S.ean� tq 'NAB 4610N dI'• K'^� �I°"^'° sr Mei . b w. �'°" e- ^� : - « (^�° "'^ u�ep«.nPeOe. 1 E00 S.W. Ord Avenue (y4 coy) ry. Cy7 .4�v b Er- i eeT. Tori w .y�iw. � �nrae ._ T s •rte �M'�"•• " Ote«(663) ....�.4.�.� c.r.i.r,a n �. M«e. «.. _re.. ro ,..el. rtew 760-ELNI] M Tel: (660) 2W7 r.,�e ...� �.y� MJF gaveiv ]6J �..,r �,. . .a My'�^^�• T/s: (660) -404E y� n.":i�a:a7. •+•. r°-�...+ n'• ..w�^+,^ ��oa� « It. r.. rkro vwp. m y «uk•e . ayly ai-ix.•n«bo 8mill: keb.twps*y f dE..e,• •�.I �q em AeeMtealM Ce�ea //. 6{�AOY.eom r.' uM•. M �:ss �'4./r•!F�r = R.�.="�;. :- KenneN A. ElasuK, Jr. (PaN 46?07 le N0. 809] - 03 29 19 349 12-16 DY KAB LOPOCIJAfi.ICAL SURVEY ADDED WETLAND ADDIWNAL TORO 6: TREES 04/26/19 3.0/31 KB KAB 01/23/19 331/66 O. NAB tour 11-100,�•'.`e..� eaA- AtJae[t 33058 Jf-7 This Instrument Prepared By TOM W. CONELY, III, ESQUIItE CONELY & CONELY, P.A. Post Office Drawer 1367 Okeechobee, Florida 34973-1367 Parcel Number: 2-21-37-35-0A00-00006-0000 2-21-37-35-OA00-00006-D000 IIIIIIINIIIIIIIIIIN1111118NIIIIIINIIIIIINIIIIIIINIIII FILE HUM 2009013473 OR BK 00679 PG 1002 SHARON ROEERTSOHr CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 12/03/2009 11:53:14 AM AMT 10.00 RECORDING FEES 18.50 DEED DOC 0.70 RECORDED BY M Pinon P9s 1002 - 1003; (2p9s) QUIT CLAIM DEED [PREPARED WITHOUT EXAMINATION OF TITLE] THIS INDENTURE made the Ir day of November, 2009 by OKEECHOBEE UTILITY AUTHORITY, hereinafter calledfirstparty, to FRANK ALTOBELLO, as Trustee of the FrankAltobello Charitable Remainder TrustHI dated April 16, 2003, andMILDRED FRANCES ALTOBELLO, whose post office address is P.O. Box 417, Okeechobee, FL 34973-0417, hereinafter called the second party: (Wherever used herein the termv "first party" and "second party" include all the parties to this instnrmcnt and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the said first party, for and in consideration of ONE DOLLAR and other valuable consideration, receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said secondparty forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in Okeechobee County, Florida, viz: AND TWO UNPLATTBD PARCELS OF,LAND,,SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 61H STREET, A DISTANCE OF 285.32 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53'11" WEST TOTHE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, ADiSTANCE OF 725.50 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89053'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS. COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6 rx STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00004'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; Book679/Page1002 CFN#2009013478 Page 1 of 2 THENCE BEAR NORTH 89°54'50" EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00°04'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 2ND STREET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11° 11'52" AND A LONG CHORD BEARING NORTH 6253'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89053'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNIN CONTAINING 9.90 ACRES, MORE OR LESS. The purpose of this quit -claim deed is to release the real property described herein from that certain Okeechobee Utility Authority Water and Wastewater System Standard Developer's Agreement and First Addendum ("Standard Developer's Agreement) dated November 7, 2006 and recorded in Official Records Book 618 at page 1724, public records of Okeechobee County, Florida, and to confirm that none of the Equivalent Residential Connections (ERCs) reserved therein shall attach to and become a part of the real property described herein nor shall any special non -ad valorem assessments therefor be assessed against said real property by first party. TO HAVE AND TO HOLD the same together with all and singular the appurtenances there unto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claimwhatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF, the said first party has caused thesepresents to be executedby its duly authorized officers the day and year first above written. Signed, sealed and delivered in ourpresence: fitness Si e Printed�N / .��1— Witness Signature Printed Name: fT n0..- �r�moS STATE OF FLORIDA COUNTY OF OKEECHOBEE OKEECHOBEE UTILITY AUTHORITY By: Frank Irby, Chain&n 100 SW 5h Avenue Okeechobee, FL 34974 The foregoing instrument was acknowledged before me this / 71*4 day of No ember, 2009 by FRANK IRBY the chairman of the OKE)FCHOBEE UTILITY AUTHORITY; he [ Is personally known to me or [ ] produced #—/I# as identification. NOTA'i2Y PUBLIC LYNETTE MARIE LOWE Notary Public - State of Florida • 5 My commission Expires Sp 2, 2011 a'= Commission N DD 60M ••°i:Nf" BoaMed Thragh NaIWWN tayA.L Book679/Page1003 CFN#2009013478 Page 2 of 2 The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Aerial Exhibit. v NW 2na WayMINIM W; ''_ .r QCD'. t ,� : )sect Property 41&7m r NW 6th Street -, lk ['I 0 _ _`rx .j - > > ,.' �� �t'�' w" •d� � ,fir �i h. Jr 71, 14 J4 A { Y ¢ , :, �. . r. �'E� '. � :PiPave• •Rta ,1F � �,qre^^.�'&' �"' �c€Tu e.a ,'Fal, �E� � _ �• 1� � � � ,STP! , � �.��.p.; r 1 oF�°`A' y SUBJECT PARCELMl 4 -�w 91�• y�i �� � ,� ;, t o ,R SPR ,��pp, � V,y ,Rn y w+ . ,,�'.. �•'��.• k �:• r �_Y?3 i�" • •T .' .• -�.� � t ' Wyk i �' ' S � ��`( ',,SUBJECTPARCEL y y� t i � r• a G iii a. �sa�—• r iS �F •? s" '3,�ch� � E S i. ' �,�='fir• '`� pork's .t... it � �I i •� � Tri' ' °� :f�' , MAR - a r may• _�.. .. r'3.'r��'' Le t-�' • ,� ® � , -' �� ,,., ins �► �, Q is ���' .;,err r �. ,� ,.;y.• I� �''� 'k• _ 14. ;� AR— •. �, j> ik#' - 1R aj '�� a tt i ,' 3''. �"Ik•wow •1 �' r i �` • 4j P' nVn�a ` Al OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE rNE"OO�tELtWBFFr=CgWn P0.00ERTv �aFR�SE(19 FiCE G°ES ROi %SUMP RESCNLBRilY ' Fo0. ERROR$ °11 °wnd�O�n cUR1�RRE° ��FRE°R Future Land Use Amendment Traffic Analysis Okeechobee Multi -Family City Okeechobee, FL Prepared for: Reuven Rogatinsky 5230 North 31St Place Hollywood, Florida Prepared by: acKenzie Engineering & Planning, Inc. 1172 SW 30th Street, Suite 500 Palm City, FL 34990 (772) 286-8030 184001 August 2019 MacKenzie Engineering and Planning, Inc. CA 29013 \yraJc �G°EMBFke/m/�� Digitally signed No. 171 4t= 8 by Shaun G E l�F } ` o� MacKenzie Date: 2019.08.01 ... ,°., ° , ,w a 14:08:01 -04'00' Shaun G. MacKenzie P.E. PE Number 61751 o-acKenzie Engineering & Planning, Inc. EXECUTIVE SUMMARY MacKenzie Engineering and Planning, Inc. (MEP) was retained to evaluate the changes in the Future Land Use for the development located at Southwest 6th Street, Okeechobee, FL (PCN: 2-21-37-35-OA00-00006-0000). The subject parcel encompasses 9.12 acres, the applicant proposes to change the future land use from Single Family to Multi -Family. Future Land Use — Maximum Net Increase in External Trips The future land use amendment trip generation resulting change is 206 daily, 11 AM peak hour (2 in/9 out), and 11 PM peak hour (7 in/4 out). The project satisfies the Public Facilities Impacts Large Scale Amendment within the City of Okeechobee's Comprehensive Plan. 184001 Pagei eacKenzie Engineering & Planning, Inc. TABLE OF CONTENTS EXECUTIVESUMMARY................................................................................................. i TABLE OF CONTENTS....................................................................................................ii LISTOF FIGURES............................................................................................................ii LISTOF TABLES..............................................................................................................ii INTRODUCTION..............................................................................................................1 CURRENTDATA..............................................................................................................2 FUTURE LAND USE CHANGE ANALYSIS.................................................................. 2 TRIP GENERATION......................................................................................................... 2 Existing Future Land Use........................................................................................... 2 Proposed Future Land Use..........................................................................................2 NetImpact...................................................................................................................3 CONCLUSION................................................................................................................... 4 APPENDICES.................................................................................................................... 5 LIST OF FIGURES Figure1. Site Location Map.............................................................................................. 1 LIST OF TABLES Table 1. Proposed Land Use Change.................................................................................1 Table 2. Future Land Use Trip Generation........................................................................ 3 184001 Page ii PacKenzie Engineering & Planning, Inc. INTRODUCTION A future land use amendment is proposed on 9.12 acres located at Southwest 6th Street, Okeechobee, FL (PCN: 2-21-37-35-OA00-00006-0000). The amendment proposes to change the future land use (FLU) from Single Family to Multi -Family. The property details and proposed changes are shown below in Table 1. Figure 1 illustrates the general site location. Table 1. Proposed Land Use Change Parcel ID Parcel Size Existing Future Land Use Proposed Land Use 2-21-37-35-OA00-00006-0000 9.12 Acres Single Family Multi -Family The FLU amendment traffic analysis will examine the impacts of changing 9.12 acres of Single Family to Multi -Family land use. The proceeding analysis will examine the ability of the existing roadway network to accommodate the increased demand and the future roadway network to accommodate the increased demand. Figure 1. Site Location Map NW 41h St 19 NE Ath St Bank e4 America _ NANW3<d drivers License Office Q Financial Center z m NVI 2nd St Eli's Western Wear to to sw Pak St / 2nd St SW 2nd > m A m sw 4111 St sw 5!h St SW 6th St A0 81h Q VftSt SW loth St 184001 S UP Cbv.,hn•y: RR:' Walgreens Q McDonald's N chabee 40App [(�^''►] 19 Wendy's J?, a 19 - 1R SE 2nd St SE Std St t? i SW ON St SE 4th st t 4 SE Wh sl a '_z ; , SE 61h St SE 61h St ' Golden Corral P , SE 71a aSt Buffet & Grill SETth$I of h$h St Okeechobee Music `t gy SE loth St SW t lth Si. SE I M St 3 ro Page 1 SE 41h yi4Ei�1 e4acKenzie Engineering & Planning, Inc. CURRENT DATA The information contained below was used to develop the foregoing future land use traffic analysis. • Trip Generation, 10`h Edition (ITE report) • Comprehensive Plan FUTURE LAND USE CHANGE ANALYSIS TRIP GENERATION Existing Future Land Use The existing FLU for the proposed property is 9.12 acres of Single Family. The maximum density of the FLU Single Family has a maximum density of 5 units per acre, which would yield a total of 46 units. calculated as follows: Single Family: 9.12 Acres x 5 Units/Acre = 46 DU The trip generation was projected based on the formulas in the Institute of Transportation Engineers' (ITE) report Trip Generation (10 Edition) and use Land -Use 210 (Single Family Detached). The existing FLU has a trip generation potential of 509 daily, 37 AM peak hour (9 in/28 out), and 48 PM peak hour (30 in/18 out) trips. Proposed Future Land Use The proposed Multi -Family FLU is 9.12 acres has a maximum density of 11 units per acre, for a total of 100 units according to the City's Comprehensive Plan, calculated as follows: Multi -Family: 9.12 Acres x 11 Units/Acre = 100 DU The trip generation was projected based on the formulas in the Institute of Transportation Engineers' (ITE) report Trip Generation (10 Edition) and use Land -Use 220 (Multi -Family Housing Low -Rise). The proposed FLU has a trip generation potential of 715 daily, 48 AM peak hour (11 in/37 out), and 59 PM peak hour (37 in/22 out) trips. 184001 Page 2 e4acKenzie Engineering & Planning, Inc. Net Impact The difference between the maximum trip generation potential of the existing future land use and the proposed future land use was examined to determine the maximum (worst case/conservative) impact to the existing and future roadway network. Table 2 displays the resulting trip generation. The resulting change is 206 daily, 11 AM peak hour (2 in/9 out), and 11 PM peak hour (7 in/4 out). The net impact of the change is small, fewer than 20 peak hour trips. This impact is even smaller when considering the dispersion of trips to the north, south, east, west. The result is an insignificant increase of two to three peak hour trips on the surrounding roadways. Table 2. Future Land Use Trip Generation EXHIBIT IA Okeechobee Multi -Family Future Land Use Trip Generation Land Use Intensity Daily AM Peak Hour PM Peak Hour Total In Out Total In Out Trips Existing Site Traffic Single Family Detached 46 DU 509 37 9 28 48 30 18 509 37 9 28 48 30 18 Subtotal PM/DAILY NET EXISTING TRIPS 509 37 9 28 48 30 18 Total Existing Driveway Volumes 509 37 9 28 48 30 18 Proposed Site Traffic Multifamily Housing(Low-Rise) 100 DU 715 48 11 37 59 37 22 715 48 11 37 59 37 22 Subtotal PM/DAILY NET PROPOSED TRIPS 715 48 11 37 59 37 22 Total Proposed Driveway Volumes 715 48 11 37 59 37 22 NET CHANGE IN TRIPS (FOR THE PURPOSES OF CONCURRENCY) 206 11 2 9 11 7 4 NET CHANGE IN DRIVEWAY VOLUMES 206 11 2 9 11 7 4 Note: Trip generation was calculated using the following data: Pass -by AM Peak Hour PM Peak Hour Land Use ITE Code Unit Daily Rate Rate in/out Rate in/out Equation Multifamily Ln(T) = 0.95 Ln(X) + Ln(T)=0.89Ln(X)+- 220 DU T=7.56(X)+-40.86 0% 23177 63/37 Housing(Low-Rise) -0.51 0.02 Single Family Ln(T) = 0.96 Ln(X) + 210 DU Ln(T) = 0.92 Ln(X) + 2.71 0% 25175 T=0.71(X)+4.8 63137 Detached 02 s: jobs - share driveU84 - reugatinsky1001 - okeechobee multifamily)fokeechobee multifamily traffic 7-29-2019.xlsxJtgen prop (flu) Copyright ©2019, MacKenzie Engineering and Planning, Inc. 184001 Page 3 e,acKenzie Engineering & Planning, Inc. CONCLUSION MacKenzie Engineering and Planning, Inc. (MEP) was retained to evaluate the changes in the Future Land Use for the development located at Southwest 6`h Street, Okeechobee, FL (PCN: 2-21- 37-35-OA00-00006-0000). The subject parcel encompasses 9.12 acres, the applicant proposes to change the future land use from Single Family to Multi -Family. Future Land Use — Maximum Net Increase in External Dins The future land use amendment trip generation resulting change is 206 daily, 11 AM peak hour (2 in/9 out), and 11 PM peak hour (7 in/4 out). The project satisfies the Public Facilities Impacts Large Scale Amendment within the City of Okeechobee's Comprehensive Plan. 184001 Page 4 Single -Family Detached Housing (21 0) Vehicle Trip Ends vs: Dwelling Units On a: Weekday SettinglLocation: General UrbanlSuburban tltmber of Studies: 159 Avg. Nurn. sof Dwelling Units_ 284 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 9-44 4-81-19.39 2.10 — Data Plot and Fnrtatinn 2 Trip Generation Manual, 10th Edition • Volume 2: Data - Residential (Land Uses 200-299) "9 Single -Family Detached Housing (21 Q) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street TraMc, One Hour Between 7 and 9 am SettingtLocation: General UrbanlSuburban N tuber of Studies: 173 Avg- Num. of Dwelling Units: 219 Directional Distribution: 254 entering, 75% exiting Vehlcle Trip Generation gr Dwelling Unit_-_ - -- Average Rate_ - ----__---- Flange of Rates _ Standard Deviation -- - - 0.74 0.33-2.27 027 Data Piot and Equation C w L 11 F- 0 rao rrr sora x r r r r r x r x +` rte+ rrm + r X= Number ofDwelting Units X study9fte Fitted Curve - - - Average Rate Fitted Curare Equation: T - 0.71(X) + 4.E0 R2= 0.09 x nor Trip Generation Manual 10th Edition • Volume 2: Data • Residential (Land Uses 200-299) 3 Single -Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. SettingtLocatlon: General UrbanlSuburban Nirrtber of Studies: 190 Avg. glum_ of Dwelling Units- 242 Directional Distribuliorr 63% entering, 37% eXlUng Vehicle Tdp Generation per Dwelling Unit Average Rate Range of RatesStandard Deviation — -- 0_99 0.44-2-98 0.31 Data Plot and Enuation 4 Trip Generation Manual 10th Edition • Volume I Data • Residential (Land Uses 200-299) Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: 'Weekday SettingfLocation: General UrbanlSuburban Number of Studies: 25 Avg, tum_ of Dwelling Units: 168 Directional Disiributior 50°x6 entering, 50% exiting Vehicle THD Generation Average Rale Range of Rates Standard Deviation 7.32 4.45-10.97 1.31 Data Plot and Equation RE— Trip Generation Manual 10th Edition • Volume 2: Data • Residential (Land Uses 200-299j 31 Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: Weekday. Peak Hour of Adjacent Street 'Traffic, One Hour Between 7 and 9 a.m SettinglLocation: General Urban/Suburban Narnber of Studies: 42 Avg. Num_ of Dwelling Units: 199 Directional Distribution- 23% entering, 77% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.46 0.18-0.74 0.12 j Data Plot and Equation V W CL .0 M� F^ 300 x x 200 x x xx xr` x ,. IM x x x X X x X x X o0 200 400 600 X= Number&Dwelling Units X StudySite Fitted Curve - - - - Average Rate Fitted Curve Equation: Ln(T) = 0.95 Ln(X) - 0.51 R= 0.90 32 Trip Generation Manual 10th Edition • Volume 2. Data - Residential (Land Uses 200-299) Multifamily Housing (Low -Rise) Vehicle Trip Ends vs: Dwelling Units Oil a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.rn. SettingiLocation: General UrbanlSuburban Nurnber of StUI_I.eS: 50 Avg_ Num_ of Dwelling Units: 167 Direcbonal Distribution: 63% etrter y, 3 =._ r;a:i: n VehicleTrip Generation Average Rale 0.56 Data Plot and Equation ,a3 Unit range of bates 0.18-1-25 Standard Deviation 0.16 ico 200 400 X= Number of Dwelling Units Study Site - Rtled Curve - - - - Average Rate Fitted Curve Eq uation: Ln(T) = 0.89 Ln(X} - 0.02 R'= 0.66 a NUS Trip Generation Manual 10th Edibon • Volume 2: Data • Residential (Land Uses 200-2991 33 7/30/2019 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi Parcel — 2-21-37-35-OA00-00006-0000 (» 2018 Certified Values updated: 7/25/2019 Aerial Viewer Pictometery Gooale Mays Owner & Property Info Deed ALTOBELLO FRANK CHARITABLE Quality (Codes) REMAINDER TRUST III, ETAL. Owner C/O FRANK IRBY PERSONAL REP 2017 Certified Values 1385 SE 23RD STREET N: OWL OKEECHOBEE, FL 34974 SW 2ND ST, OKEECHOBEE Site Mkt Land (o) AN UNPLATTED PARCEL OF LAND, SHOWN AS V THE RAILROAD GROUNDS, LYING WITHIN THE $1,753 PLAT OF THE CITY OF OKEECHOBEE, AS Description' RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC Building (o) RECORDS OF OKEECHOBEE COUNTY, FLORIDA, Building (o) SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 500/0754 EAST, OKEECHOBEE COUNTY, ...more>>> Area 9.12 AC ISMIR 21-37-35 Use Code" IMP PASTUR (006180) Tax District 150 .The Description above is not to be used as the Legal Description for this parcel in any legal transaction. "The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. 2018 Certified Values updated: 7/25/2019 Aerial Viewer Pictometery Gooale Mays f G� i, Book/Page Deed V/I Quality (Codes) Property & Assessment Values 11/17/2009 $100 s: 2017 Certified Values 2018 Certified Values N: OWL Mkt Land (o) $0 Mkt Land (o) $0 V Ag Land (2) $1,753 Ag Land (2) $1,846' f Building (o) $0 Building (o) $0 500/0754 XFOB (o) $0 XFOB (o) $0 4/16/2003 $0 500/0751 WD V U 03 Just $116,944 Just $117,017 W Building Characteristics Class $1,753 Class $1,846 Year Blt Appraised $1,753 Appraised $1,8461 SOH Cap [?] $0 SOH Cap [?] $0 Assessed $1,753 Assessed $1,846 Exempt $0 Exempt $0 I�t1g, county:$1,753 county:$1,846 Total city:$1,753 Total city:$1,846, Taxable other:$1,753 Taxable other:$1,846 school:$1,753 school:$1,846 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property — taxes. ■ f G� i, W Sales History Sale Date Sale Price Book/Page Deed V/I Quality (Codes) RCode 11/17/2009 $100 X, low QC V U 11 11/4/2009 $100 679/1952 QC V 'n 11 12/28/2006 $775,200 r1_ i' - W Sales History Sale Date Sale Price Book/Page Deed V/I Quality (Codes) RCode 11/17/2009 $100 679/1002 QC V U 11 11/4/2009 $100 679/1952 QC V U 11 12/28/2006 $775,200 620/1933 WD V Q 4/16/2003 $0 500/0754 WD V U 03 4/16/2003 $0 500/0751 WD V U 03 W Building Characteristics Bldg Sketch Bldg Item Bldg Desc" Year Blt Base SF Actual SF Bldg Value NONE W Extra Features & Out Buildings (Codes) I g4b.okeechobeepa.com/gis/ 1/2 7/30/2019 Okeechobee County Property Appraiser Code Desc Year Blt Value Units I Dims Condition (% Good) NONE © Okeechobee County Property Appraiser I Mickey L. Bandi I Okeechobee, Florida 1863-7634422 by: GriulyLogic.com g4b.okeechobeepa.com/gis/ 2/2 N t29 12'$� .`LTidh'126 min 719.. .'118 City of Okeechobee W+E 44 46 47 Future Land Use i e 12 11 10 9 • ��� ......,.e, , � ��■.. No 93 ,. 52• _, 51 50 ; C 88 •• 89 70 71' , ;LS 178, MEN M K .5 °x'204• M. 23 e ......• 77 ..... f 7s 74 a 9 8 A 4 ....,1..... ......8...... ..7.. D 11 10 ... _. .......... .11. •.. .. 12 .,. � • .. B 192 793 799 195 218 � � � 22yf F � � y . ; 3• � 8 7 ._. .. .., s s ....... 1....74........73.... 2 .....8 . . ... 5. .......26.. ....., .. 23" �� �,' S 17 1 5 4 3 9 8 •7 8 25 26 27 s 7 32 �'� •'• f 3 2 1 2 1 ........ .....9....._....42.,.. 41 40 ..39 t 38 35 34 '�i'N _... 4 5 6 3 4 ....��... .... 12' " ......43..... ... .. ... 44..» 45 i ' ...46. ... ...,`i8."n'_ m, 1, ,... ... 47 ,..._.a.4..,...,. s ., BO ..... �. � � �_ � 1 Cj Bi A 1 A _ ... .. .. 67 •68: t?.... i6..._ - 7: •85 6d 1 3 :62' . 61 t :8R :58 5 56 55 :54: :53: "•.,. 3 2 1 3 C .. ..... 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TMwa'wolwne'.xmnscmunetlneponeiMe M1weln. t29 12'$� .`LTidh'126 min 719.. .'118 5 6 7 6 •_. _,,rye•+fit :i SY : ��1�'C■i�: �i�1�t�5 �i i e 12 11 10 9 • ��� ......,.e, , � ��■.. No 13 14 15 16 ..... ' ...�.. ...... ...... ..,... ' A 8 77 2 21 ;LS 178, MEN M K .5 °x'204• M. 23 7 ...M.8e 78 1 .....,160 13 205 209 B A 9 8 A 4 ......_ ..........s..........i ' 10.,.: 8 ..._. .... ...... f .. i '. 2.I '1 .. 1N f 789 a 187. 188 v 18� 215• 21+ U� - I : . �■ D 11 10 ... _. .......... .11. •.. .. 12 .,. � • .. B 192 793 799 195 218 � � � 22yf F � � y . ; 3• � 8 7 ._. .. .., s s ....... 1....74........73.... 7 4 .., ...... ._.... . ...... - 9 F ■ - „ 72 71 i '10 ._...787.. .i.. .: ....H.. ..'1..• ......�..... - ax �'•i 4 1 ,13 7415 tB n J 14 13 - 5 ' 0 16 15 15 •48.»», 23$ '235 238 L W . 1 17 �.... 260 242 247 240 23,� ..... .... - ...... ..... 7.......... 15 ....19 20 :: ... �1• .K .A ...... •j : i i •• - 219 '293 244,7440 :: 4 5 : • • _ . • ._ .. . . . . . r. 21 §46'•Y: ., . .d. 3..-.. U .� 248 �■ - - -_____ lll... . 8. •4 OD f ....... 'p 5.... ...e... • ..... g. .. _ .. �' D 21 E 31 20.......... # 11 :31 i 42 •^n29 52537 35 ¢ 27g ;:43:- 46 . -45 �0 3138 39 N- - - 42' / . • • .. ... ...r.. EASEMENT ; :2: ---�— RAILROAD CENTERLINE E ----- HOPKINS MEANDER LINE UNINCORPORATED ^^•^• ""'^ 3 2 1 .. ,. •. On feewuy to, mtacnwgwwwe mmero `i[ /$�j�y 1:"nprNwmlw rM cuwn w„ro pa.ttm n.0 M1cryw"•c...c� i i 4 5 6 .,.._.. 10 11 12 0 0.1]5 0.15 - 0.75 1 Moes (tananl Nalea: AUgs e�own Iwreon are 15 w ]0 Nal In witlifl. Sea approwlaie vbdivisiw plat M spadflc clMywltlNa. Tnw w.p ne. Been cowpiktl wm 1ne novel wnm a1. rvaieNe. TMwa'wolwne'.xmnscmunetlneponeiMe M1weln. May 31, 2019 Steven L. Dobbs, P.E. President SLD Engineering RE: Waste Management, Okeechobee Landfill Capacity Mr. Dobbs, OKEECHOBEE LANDFILL, INC. 10800 N.E. 128" Avenue Okeechobee, FL 34972 (863)357-0824 The most recent Okeechobee Landfill Volume report calculated a total of 182,855,130 cubic yards of permitted remaining capacity. The calculations are based on an aerial survey of the active portion of the facility dated January 2, 219 and a historic survey of the undeveloped portion of the facility dated December 27, 2010. At the present waste intake 1,800,000 cyds/yr., we calculated an overall life of site of over 100 years. At an estimated 4.48 lbs MSW/day/person, (EPA 2015), the estimated impact from the development would be less than 600 cyds per year. Waste Management, Okeechobee Landfill can easily meet the demand of the proposed development for the next 100 years. If you have any questions or concerns, feel free to contact us. Uvnwlen MA Charles Orcutt, P.E. Market Area Engineer Waste Management, Inc. of Florida 863-824-4010 Corcuttl Qwm.com 6, 36 OKEECHOBEE UTILITY AUTHORITY _ 100 SW 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 467-4335 June 6, 2019 Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 209 NE 2nd Street Okeechobee, Florida 34972 Ref: Water Capacity Request Parcel ID No.: 2-21-37-35-OA00-00006-0000 2-21-37-35-OA00-00006-D000 Site Address: ± 900 Block SW 6th Street Okeechobee, FL 34974 Dear Mr. Dobbs: In reference to a request for the availability of water capacity to the subject property, I submit the following information for your use in meeting the potable water demand requirements for the project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. During the twelve month period from April 2018 to March 2019, the maximum daily flow was 3.89 MGD, or about 65% of capacity. At the present time, the OUA has excess capacity at the treatment plants. The OUA has a potable water distribution main in the road right of way near the subject property. Any upgrade requirements to the water main due to the demands of the proposed project will be at the project owners' expense. Should you have any questions, comments or concerns with regards to the water system capacity, please contact the OUA at 863-763-9460. Sincerely, IF. H d,-. E. Executive Director Okeechobee Utility Authority OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 June 6, 2019 Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 209 NE 2nd Street Okeechobee, Florida 34972 Ref: Wastewater Capacity Request Parcel ID No.: 2-21-37-35-OA00-00006-0000 2-21-37-35-OA00-00006-DO00 Site Address: ± 900 Block SW 6th Street Okeechobee, FL 34974 Dear Mr. Dobbs: (863) 763-9460 FAX: (863) 467-4335 In reference to a request for the availability of wastewater capacity to the subject property, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant with a FDEP permitted capacity of 3.0 MGD. During the twelve month period from May 2018 to April 2019, the annual average daily demand was 0.916 MGD, or about 31% of the current 3.0 MGD treatment capacity. The OUA does provide wastewater service to the subject property. Any upgrade requirements to the wastewater system due to the demands of the proposed project will be at the project owner's expense. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the OUA at 863.763.9460. Sincerely, ohn F. yfor , P.E. 4_ Executiv ' ctor Superintendent Ken Kenworthy School District of Okeechobee County cza. 863-462-5000 700 S.W. Second Avenue Fax 863-462-5151 Okeecliobee, Florida 34974 June 19, 2019 Steven L. Dobbs Steven L. Dobbs Engineering, LLC 209 NE 2nd Street Okeechobee, Florida 34972 Job No.: 2018-006 B. 3c- Superintendent c Chairperson Jilt Holcomb Vice Chairperson Amanda Riedel Members Joe Arnold Melisa Miner Malissa Morgan Subject: Frank Altobello Charitable Remainder Trust III, Land Use Change of 19.0 acres located in Section 21, Township 37S, and Range 35E. Parcel ID 2-21-37-35-OA00-00006-0000 and 2-21-37- 35-OAOO-00006-DOOD Steve, We appreciate you providing the district information regarding the possible development of property near Central Elementary School. It is our understanding that the proposed subdivision, consisting of approximately 190 two bedroom apartments, could possibly generate between 42 and 60 students using neighboring county estimates. Please allow this letter to serve as confirmation that Okeechobee County Schools has sufficient capacity to serve the students generated as a result of this proposed development. If we can be of any further assistance, please reach out to us. Sincerely, Ken Kenworthy Superintendent of Schools Achieving Excellence: Putting Students First! I NCAM- hC.SiCSCI�I 1 ACCREDITED AdrancED' i wiun.ln: U S. Fish 1 Wildiffe I� National Wetlands Inventory Frank Altobello Charitable Remainder Trusi An - F4—.,0Wt. "LIN L • - 4 _ '�' 1. a-Yi rrf �• 1:7,218 0 0.05 0.1 0.2 mi 0 0.075 0.15 0.3 km May 28, 2019 Wetlands Freshwater Emergent Wetland Lake ® Estuarine and Marine Deepwater ® Freshwater Forested/Shrub Wetland Other Estuarine and Marine Wetland Freshwater Pond FFIA Riverine This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. National Wetlands Inventory (NWI) This page was produced by the NWI mapper 27° 14 23" N 27° 14'16'N 3 515720 I n— X�ti Soil Map—Okeechobee County, Florida s (Emerald Greens Comp Plan Soils) 27° 14'23"N -tee--a�--a.- - . _ _. _. - . _ �`_-•-•--e -sem - -: ti.: - ..q� O °T 27° 14'16"N 515720 515750 515780 515910 515840 515870 515900 515930 515960 515990 516020 3 3 Map Scale: 1:1,460 fi printed on A landscape (11" x 8.5') sheet Meters NN 0 20 40 80 120 8 /V 0 50 100 200 300 Map projection: Web Mencator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USD,a Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 7/24/2019 Page 1 of 3 Soil Map—Okeechobee County, Florida (Emerald Greens Comp Plan Soils) MAP LEGEND Area of Interest (AOI) _ Spoil Area j Area of Interest (AOI) Stony Spot Soils Very Stony Spot Soil Map Unit Polygons Wet Spot f r Soil Map Unit Lines Other 13 Soil Map Unit Points Special Point Features V Blowout ® Borrow Pit Clay Spot 0 Closed Depression x Gravel Pit Gravelly Spot 0 Landfill n Lava Flow 4& Marsh or swamp * Mine or Quarry O Miscellaneous Water O Perennial Water 4p Rock Outcrop + Saline Spot Sandy Spot 4W Severely Eroded Spot Sinkhole Slide or Slip o, Sodic Spot .� Special Line Features Water Features Streams and Canals Transportation 4- Rails ,.� Interstate Highways US Routes Major Roads Local Roads Background 0 Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version dates) listed below. Soil Survey Area: Okeechobee County, Florida Survey Area Data: Version 15, Sep 17, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Mar 20, 2015—Mar 21, 2015 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 7/24/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Okeechobee County, Florida Map Unit Legend Emerald Greens Comp Plan Soils USDA Natural Resources Web Soil Survey 7/24/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 7 Floridana, Riviera, and Placid soils, depressional 3.4 39.7% 14 Myakka fine sand, 0 to 2 percent slopes 5.2 60.3% Totals for Area of Interest 8.7 100.0% USDA Natural Resources Web Soil Survey 7/24/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 National Flood Hazard Layer FIRMette FEMA Z/-14"3/.41 N 0 k " Y AL # i M� ., O► } AWL �Vrk'.1 ,I' 1"VtiliI fi�BEE AArC MINIf-.1AL FL(- REpD HAZARD frac""" PL '11V4" a w} -m ftr C s Rown USGS The National 0 250 500 1,000 1,500 2,000 Aw (111, 40 0 . p: Orthoimagery. Data refreshed April, 2019 07-IAI naso OKI M= Legend SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BRE) Zane A. V, A99 SPECIAL FLOOD With BFE or Depth zone AE. AD, AH. VE, AR HAZARD AREAS Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile vvFuture Conditions 11/o Annual Chance Flood Hazard z,,,:, k Area with Reduced Flood Risk due to THER AREAS OF Levee. See Notes x FLOOD HAZARD Area with Flood Risk due to Leveez. e o OSCREEN Area of Minimal Flood Hazard zonex Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard z-.,-_ L, GENERAL ' — -- Channel, Culvert, or Storm Sewer STRUCTURES 1 1 1 1 1 1 1 Levee, Dike, or Floodwall &222 Cross Sections with 1% Annual Chance 17•5 Water Surface Elevation eo- - - Coastal Transect ...,..50.,.... Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- ---Coastal Transect Baseline OTHER - — Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS Unmapped Q The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 5/28/2019 at 9:12:18 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image Is void if the one or more of the following map elements do not appear. basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-2686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III Mailing Address: P.O. BOX 417, OKEECHOBEE, FL 34973 Home Telephone: Work: Cell: 863-610-0592 Property Address: 700 BLOCK OF SW 6TH STREET Parcel ID Number: 2-21-37-35-OA00-00006-0000, 2-21-37-35-OA00-00006-D000 Name of Applicant: REUVEN ROGATINSKY Home Telephone: Work: Cell: 954-536-6081 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS 31 l DAY OF c"�Jltj 20 /g OWNER WITNESS OWNER / WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this 3) slay of SOLV 20/9. Nota Public: SEAL e� C. MICHAEL BAGOOTT Notary MY COMMISSION M (i0111153 Commission Expires: �-Y�/ 7.4y EXPMS: June 04,2021 (Rev 9/2017) Page 5 of I I City of Okeechobee 55 SE 3r. Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1636 LAND USE POWF,R OF ATTOIZNF.V Name of Property Owner(s): FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III Mailing Address: P.O. BOX 417.0KEECHOBEE, FL 34973 Home Telephone: %Work: Cell: 863-610-0592 Property Address: 700 BLOCK OF SW 6TH STREET Parcel ID Number: 2-21-37-35-OA00-00006-0000, 2-21-37-35-OA00-00006-D000 Name of Applicant: REUVEN ROGATINSKY Home Telephone: Work: Cell: 954-536-6081 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions maybe place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS Vj REOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF `' 612011 t- - wee P . .,4 c, -`►... e, Q� e OWNER WITNESS OWNER If WITNESS . Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and th t they executed the power of attorney for the purpose stated therein. Sworn and subscribed this _��; day of 20%' Notary Public: SEAL Commission Expir : Y No:ary Public State of Florida Denise Ann Dunlop My Commission GG 159147 Expires 12!1512021 (Rev 9/2017; Page 5 of 11 THE FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B AGREEMENT DATED TAXPAYER IDENTIFICATION NUMBER: him. FRANK ALTOBELLO expressly reserves the power, exercisable by Will, to terminate the interest of the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust. If FRANK ALTOBELLO exercises such power, no payments shall be made hereunder to the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003. Instead, payment of the balance of the Trust's assets, including any amounts that have accrued since the last payment to FRANK ALTOBELLO, shall be made pursuant to Article III herein. B. Definition of Unitrust Amount. The Unitrust Amount shall be an amount equal to the following: 1. Unitrust Amount Before Effective Conversion Date. Until the first to occur of the expiration of the Trust Term (as defined in Paragraph D. of this Article) and the Effective Conversion Date, as defined in Subparagraph B.2. of this Article, the "Unitrust Amount" shall be an amount equal to the lesser of (a) the Trust income for such taxable year, as defined in Section 643(b) of the Code and the Treasury Regulations thereunder; and (b) seven percent (7%) of the net fair market value of the Trust assets valued as of the first day of such taxable year. If the Trust income for any taxable year exceeds the amount determined under Subparagraph B.L(b) of this Article, the Unitrust Amount for such taxable year shall also include such excess income to the extent that the aggregate of the amounts paid to the Recipient in prior years is less than seven percent (7%) of the aggregate net fair market value of the Trust assets for such years ("Makeup of Short -Fall Amounts"). 2. Unitrust Amount On or After Effective Conversion Date. At the beginning of the first taxable year following the year in which occurs the Triggering Event, as described in Subparagraph B.3. of this Article, the Unitrust Amount shall be computed under the fixed percentage method. Commencing with the first day of the taxable year following the year in which occurs the Triggering Event (the "Effective Conversion Date"), in each taxable year of the Trust until the expiration of the Trust Term, the Unitrust Amount shall be an amount equal to seven percent (7%) of the net fair market value of the Trust assets valued as of the first day of such taxable year. Commencing with the Effective Conversion Date, the Recipient shall forfeit any Makeup of Short -Fall Amounts; however, any makeup of Short -Fall Amounts prior to the Effective Conversion Date are to be satisfied with income realized prior to that date. 3. Triggering Event. The sale or exchange of the real property initially transferred to the Trust and described on Schedule "A" shall be the triggering event. C. Valuation. In computing the net fair market value of the Unitrust assets, there shall be taken into account all assets and liabilities without regard to whether particular items are taken into account in determining the income of the Unitrust. In determining the Unitrust Amount, the trust assets shall be valued as of the time of contribution. All valuations shall be made in accordance with Section 664 of the Code and corresponding Treasury Regulations. D. Trust Term. The "Trust Term" shall begin on the date this Trust is executed and shall expire upon the first to occur of (1) the death of FRANK ALTOBELLO, if (a) FRANK ALTOBELLO survives ETHEL ALTOBELLO and MILDRED FRANCES ALTOBELLO, or (b) FRANK ALTOBELLO predeceases ETHEL ALTOBELLO and/or MILDRED FRANCES ALTOBELLO, but effectively exercises his testamentary power to terminate the interest of the 2 ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust; and (2) the expiration of the twenty (20) year term beginning with the date of FRANK ALTOBELLO's death, if FRANK ALTOBELLO predeceases ETHEL ALTOBELLO and/or MILDRED FRANCES ALTOBELLO and does not effectively exercises his testamentary power to terminate the interest of the ALTOBELLO IRREVOCABLE FAMILY TRUST DATED APRIL 16, 2003 under the Trust. E. Source and Timing of Payrnent. The Unitrust Amount shall be paid quarterly on the last business day of each calendar quarter; provided, however, that with regard to the fourth calendar quarter, such Unitrust Amount may be paid within a reasonable time, as that term is defined in Treasury Regulations Section 1.664-3, after the close of the taxable year, if. (i) the entire Unitrust Amount in the hands of the Recipients is characterized only as income from the categories described in Code Sections 664(b)(1), (2) or (3); and/or (ii) the Trust distributes property (other than cash) that it owned at the c1Qse of the taxable year to pay the Unitrust Amount and the Trustee elects to treat any income generated by the distribution as occurring on the last day of the taxable year in which the Unitrust Amount is due. The Unitrust Amount shall be paid from income and, to the extent income is insufficient, then from principal. Any undistributed income of the Trust in excess of the Unitrust Amount shall be added to principal. If, for any taxable year, the net fair market value of the Trust assets is incorrectly determined, then within a reasonable period after the value is finally determined for federal tax purposes, the Trustee shall pay to the Recipients (in the case of an undervaluation) or receive from the Recipients (in the case of an overvaluation) an amount equal to the difference between the Unitrust Amount properly payable and the Unitrust Amount actually paid. The Unitrust Amount shall be paid in cash, in kind, or partly in each. ARTICLE IV. REMAINDER TO CHARITY Upon the expiration of the Trust Term, the Trustee shall distribute all of the then principal and income of the Trust to the Bishop of the Diocese of Palm Beach, or his successors in office, a "corporation sole," for the use and benefit of Sacred Heart Church of Okeechobee, Florida (hereinafter to be referred to as the "Charitable Organization"). The Bishop of the Diocese of Palm Beach, or his successors in office, shall have the sole discretion in making expenditures of such funds for the Charitable Organization; the priest of the Charitable Organization shall have no discretion with respect to such expenditures. If the Charitable Organization is not in existence at the expiration of the Trust Term or is not an organization described in Code Sections 170(b)(1)(A), 170(c), 2055(a) and 2522(a) at the time when any principal or income of the Trust is to be distributed to it, the Trustee shall distribute the balance of the principal and income to one or more organizations then so described as the Trustee shall select in its sole discretion and in such shares as it determines. ARTICLE V. ALLOCATION OF CAPITAL GAIN TO INCOME In calculating the Unitrust Amount for a taxable year that precedes the Effective Conversion Date, the Trustee shall allocate to income the excess, if any, of the proceeds from the 3 sale or exchange of Trust property over its fair market value on the date such property was contributed to the Trust or otherwise acquired by the Trustee. ARTICLE VI. TAXABLE YEAR; PRORATION OF UNITRUST AMOUNT The first taxable year of the Trust shall begin with the date of this Agreement and shall end on December 31, 2003. Subsequent taxable years shall be on a calendar year basis. In determining the Unitrust Amount, the Trustee shall prorate the same on a daily basis for a short taxable year and for the taxable year of the expiration of the Trust Term. ARTICLE VII. ADDITIONAL CONTRIBUTIONS PROHIBITED No contributions may be made to this Trust after the initial contribution has been made. ARTICLE VIII. PROHIBITED TRANSACTIONS Except for the payment of the Unitrust Amount to the Recipients, the Trustee is prohibited from engaging in any act of self-dealing as defined in Code Section 4941(d), from retaining any excess business holdings as defined in Code Section 4943(c) which would subject the Trust to tax under Code Section 4943, from making any investments which would subject the Trust to tax under Code Section 4944, and from making any taxable expenditures as defined in Code Section 4945(d). The Trustee shall make distributions at such time and in such manner as not to subject the Trust to tax under Code Section 4942. ARTICLE IX. TRUSTEE MUST NOT DISQUALIFY TRUST The Trustee is prohibited from exercising any power or discretion granted under any law or this Agreement that would be inconsistent with the qualification of the Trust under Code Sections 664(d)(2) and 664(d)(3) and the corresponding Treasury Regulations. A Trustee who is also a noncharitable beneficiary or the Grantor or a person who is related or subordinate to a noncharitable beneficiary or the Grantor (within the meaning of Code Section 672(c) and the Treasury Regulations thereunder), can value assets other than cash, cash equivalents, or marketable securities, or assets that can be readily sold or exchanged for cash or cash equivalents (within the meaning of Code Section 731(c) and the Treasury Regulations thereunder), only by a current qualified appraisal (as defined in Treasury Regulations Section 1.170A -13(c)(3)), from a qualified appraiser (as defined in Treasury Regulations Section 1.170A -13(c)(5)), to the extent required by the Code or the applicable Treasury Regulations. No other Trustee shall be required to use a current qualified appraisal from a qualified appraiser to value any Trust assets. ARTICLE X. LIMITED POWER OF AMENDMENT The Trust is irrevocable and the Grantor shall have no power to amend it, except that at any time that Grantor is living, the Grantor shall have the power to designate, add or delete 0 charitable organizations listed in the Article herein entitled "REMAINDER TO CHARITY." Notwithstanding the foregoing, each charitable organization so designated or added shall qualify as an organization described in Code Sections 170(b)(1)(A), 170(c), 2055(a), and 2522(a). Furthermore, the Trustee shall have the power, acting alone, to amend the Trust in any manner required for the sole purpose of ensuring that the Trust qualifies and continues to qualify as a charitable remainder unitrust that meets the requirement of Section 664 of the Code, and that permits a combination of methods for calculating the Unitrust Amount, as provided in Treasury Regulations Section 1.664-3(a)(1)(i)(c). ARTICLE XI. TRUSTEES A. Grantor shall serve as the initial Trustee of the Trust. If Grantor is unable to serve as Trustee for any reason, then WACHOVIA BANK, NATIONAL ASSOCIATION ("WACHOVIA") and FRANK IRBY shall serve as Successor Co -Trustees. Notwithstanding the foregoing, upon the date after the Triggering Event, WACHOVIA shall serve as Co -Trustee with Grantor. If Grantor is unable to serve as Co -Trustee for any reason, then FRANK IRBY shall serve as Co -Trustee with WACHOVIA. If FRANK IRBY is unable to serve as Co -Trustee for any reason, then DAVID PRATT, ESQ. shall serve as Co -Trustee with WACHOVIA. If DAVID PRATT, ESQ. is unable to serve as Co -Trustee for any reason, then TONY YOUNG, ESQ. shall serve as Co -Trustee with C -M. If FRANK IRBY, DAVID PRATT, ESQ. and TONY YOUNG, ESQ. are unable to serve as Co -Trustee for any reason, then WACHOVIA shall serve as sole Trustee. V1 NC gwri R 44- B. At any time that Grantor is living, the Grantor shall have the power to remove the Co -Trustee or Successor Trustee. In addition, the Grantor may, but need not, appoint a replacement Successor Trustee or Co -Trustee to the Successor Trustee or Co -Trustee so removed. Any such removal or appointment shall be made in writing delivered to the Trustee so removed or appointed. C. The Trustee may resign at any time by written notice to each beneficiary then eligible to receive payments from the Trust. D. Every successor Trustee shall have all the powers given the originally named Trustee. No successor Trustee shall be personally liable for any act or omission of any predecessor. A successor Trustee may accept the at;count rendered and the property received as a full and complete discharge to the predecessor Trustee without incurring any liability for so doing. E. The term "Trustee" and the pronouns therefor shall mean Trustee or Trustees from time to time qualified and acting and,shall be construed as masculine, feminine or neuter, and in the singular or plural, as the sense requires. The term "Corporate Trustee" shall mean any financial institution or trust company which has trust powers and assets under administration in excess of One Hundred Million Dollars ($100,000,000). F. No Trustee wherever acting shall be required to give bond or surety or be appointed by or account for the administration of any trust to any court. No statute with respect to underproductive property shall apply to any trust under this Agreement. ARTICLE XII. ADMINISTRATIVE PROVISIONS The following provisions shall apply to the Trust under this Agreement: A. Facility of Beneficiary PayMents. If income or discretionary amounts of principal become payable to a beneficiary under legal disability or to a beneficiary not adjudicated incapacitated but who, by reason of illness or mental or physical disability, is in the opinion of Trustee, unable properly to manage his or her affairs, then such income or principal shall be paid in such of the following ways as Trustee deems best: (a) to the beneficiary directly or her attorney in fact; (b) to the legally appointed guardian; or (c) by Trustee directly for the beneficiary's benefit. B. Spendthrift Provisions. The interest of a beneficiary in principal or income shall not be subject to the claims of any creditor, any spouse for alimony or support, or others, or to legal process, and may not be voluntarily or involuntarily alienated or encumbered. C. Powers of Trustee. Trustee shall hold, manage, care for and protect the Trust property and shall have the following powers and except to the extent inconsistent herewith, those now or hereafter conferred by law: 1. To invest and reinvest in such properties (real or personal) as Trustee deems advisable including, but not limited to, common and preferred stocks, secured and unsecured obligations, partnership interests, interest in investment trusts, common trust funds, mutual funds, leases, life insurance policies and property that is outside of a Grantor's domicile; 2. To cause any property, real or personal, belonging to the Trust to be held or registered in Trustee's name or in the name of a nominee or in such other form as Trustee deems best without disclosing the Trust relationship; 3. To vote in person or by general or limited proxy, or refrain from voting, any corporate securities for any purpose, except that any security as to which Trustee's possession of voting discretion would subject the issuing company or Trustee to any law, rule or regulation adversely affecting either the company or Trustee's ability to retain or vote company securities, shall be voted as directed by the beneficiary then entitled to receive or have the benefit of the income from the Trust; to exercise or sell any subscription or conversion rights; to consent to and join in or oppose any voting trusts, reorganizations, consolidations, mergers, foreclosures and liquidations and in connection therewith to deposit securities and accept and hold other securities or property received therefor; 4. To lease Trust property for any period of time though commencing in the future or extending beyond the term of the Trust; Co 5. To borrow money from any lender, including any Trustee hereunder, extend or renew any existing indebtedness and mortgage or pledge any property in the Trust upon such terms and conditions as Trustee deems appropriate; 6. To sell at public or private sale, contract to sell, convey, exchange, transfer and otherwise deal with the Trust property, real or personal, and any reinvestment thereof from time to time for such price and upon such terms as Trustee deems appropriate; 7. To employ agents, attorneys and proxies and to delegate to them such powers as Trustee considers desirable and to pay reasonable compensation for their services; 8. To compromise, contest, prosecute or abandon claims in favor of or against the Trust, and to agree to any recision or modification of any contract or agreement; 9. To distribute income and principal in cash or in kind, or partly in each, and to allocate or distribute undivided interests or different assets or disproportionate interests in assets, and to value the Trust property and to sell any part or all thereof in order to make allocation or distribution. The value of property distributed in kind shall be determined as of the date or dates of distribution. No adjustment shall be made to compensate for a disproportionate allocation of unrealized gain for Federal income tax purposes. No action taken by Trustee pursuant to this paragraph shall require the consent of nor be subject to question by the beneficiary; and 10. To perform other acts necessary or appropriate for the proper administration of the Trust, execute and deliver necessary instruments and give full receipts and discharges. D. Limitation on Powers. The provisions of Paragraph C. of this Article shall be subject to the provisions in the Article herein entitled "PROHIBITED TRANSACTIONS" and Grantor's intent to establish a charitable remainder unitrust within the meaning of Rev. Proc. 90-30, Rev. Proc. 90-31 and Code Section 664(d)(2). ARTICLE XIII. INVESTMENT OF TRUST ASSETS Nothing in this Agreement shall be construed to restrict the Trustee from investing the Trust assets in a manner that could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of Trust assets. ARTICLE XIV. GOVERNING LAW This Trust shall be governed by the laws of the State of Florida. 7 ARTICLE XV. DEATH TAXES The Grantor imposes an obligation on Grantor's estate to pay any Federal estate taxes, state death taxes or any other estate, death or inheritance taxes ("Death Taxes") from sources other than this Trust. No Death Taxes with respect to this Trust shall be allocated to or be recoverable from this Trust. This provision may be enforced by any Trustee or charitable organization named herein. ARTICLE XVI. ACCEPTANCE BY TRUSTEE Trustee hereby accepts the Trust herein created. [BALANCE OF PAGE HAS INTENTIONALLY BEEN LEFT BLANK] N. IN WITNESS WHEREOF, Grantor signs, seals, publishes, and declares this instrument to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and, in the presence of the persons witnessing it at Grantor's request, this day of �G/,WC14 , 2008. _ RANK ALTOBELLO, Grantor The foregoing was signed, sealed, published, and declared by FRANK ALTOBELLO, the Grantor, to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and signed in our presence and we at the Grantor's request and in the Grantor's presence, and in the presence of each other, hereunto subscribe our names as witnesses on the date last above mentioned. � � U-? V—k",...._- residing at 6-111 ,�. ` residing at Nj 9 ,;9,06 �✓ �f IN WITNESS WHEREOF, Grantor and Trustee signs, seals, publishes, and declares this instrument to be the FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B and, for purpose of identification, in the presence of the persons witnessing it at Grantor's request, this ' � day of ,,ll14,2z H— , 2008. iK ALTOBELLO, Grantor State of Florida ) 0KaeC400E6, ) ss. County of A ach ) We have been sworn by the officer signing below, and declare to that officer on our oaths that the Grantor declared the instrument to be the Grantor's CHARITABLE REMAINDER TRUST III -B and signed it in our presence and that we each signed the instrument as a witness in the presence of the Grantor and of each other. r? residing at -,� Y,} -,-14W, gztt S residing at ,5bb v P,4 -,&e ,rrp 4� ACKNOWLEDGED AND SUBSCRIBED, BEFORE ME by FRANK ALTOBELLO, Grantor, who [ V s personally known to me, OR [ ] has produced as identification; AND SWORN TO AND SUBSCRIBED BEFORE ME by the Witnesses: ZJO-MgS 9 M i VWJ')Uj l , witness, who [ '--ris personally known to me, OR [ ] has produced as identification; AND 111^1 Lj witness, who [ &]4s -personally known to me, OR [ ] has produced as identification; and subscribed by me in the presence of the Grantor and the subscribing witnesses, all on v'Z , 2008. ), uw- Notary Publi Print Name: \\``�N1111UIIIN����/ili,,� My Commission Expires: \���� vSPN WILL�q `SS1 �s ember #DD 587035 : Q 10 A FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III -B SCHEDULE A Real Property legally described as follows: Date: (See attached Schedule "B" for complete legal description) NK ALTOBELLO, Trustee 8/5/2019 !WELLS FARGO Wachovia Is Now Wells Fargo Wachovia Is Now Wells Fargo - Wells Fargo Founded in Winston-Salem, N.C. as Wachovia National Bank on June 16, 1879, Wachovia grew to be one of the largest diversified financial services companies in the United States. It traded on the New York Stock Exchange under the symbol WB. Wachovia provided a broad range of retail banking and brokerage, asset and wealth management, and corporate and investment banking products and services to customers through 3,300 retail financial centers in 21 states, along with nationwide retail brokerage, mortgage lending, and auto finance businesses. Globally, Wachovia served clients in corporate and institutional sectors and through more than 40 international offices. Wachovia is acquired M9 WACHOVIA In 2008, Wells Fargo & Company acquired Wachovia Corporation to create North America's most extensive distribution system for financial services, Wells Fargo provides banking, insurance, investments, mortgage, and consumer and commercial finance through approximately 5,400 branches, more than 13,000 ATMs, the internet (wellsfargo.com), and other distribution channels across North America and internationally. The integration of Wachovia and Wells Fargo is complete, and all Wachovia accounts have been moved to Wells Fargo. Need help? If you are a customer and want to access your accounts online, please go to wellsfargo.com. If you have questions, please call us at 1 -800 -TO -WELLS (1-800-869-3557). For business accounts, please call 1 -800 -CALL -WELLS (1-800-225-5935). Phone Bankers are available 24 hours a day, 7 days a week. Deposit data as of June 30, 2008 (pro forma for acquisitions; excludes deposits greater than $500 million in a single banking store.) LRC -0619 © 1999 - 2019 Wells Fargo. All rights reserved. NMLSR ID 399801 https://www.welisfargo.com/about/corporate/Wachovia/ ill 8/5/2019 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandl I SF-- rr Panel: « 2-21-37-35-0A00-00006-0000 » Owner & Property Info ALTOBELLO FRANK CHARITABLE REMAINDER TRUST III, ETAL. Owner C/O FRANK IRBY PERSONAL REP 1385 SE 23RD STREET OKEECHOBEE, FL 34974 Site SW 2ND ST, OKEECHOBEE Description' AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA & BEAR SOUTH 89053'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, A DISTANCE OF 285.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89053'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89053'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING 9.12 ACRES «<less Area 9.12 AC SR/R 21-37-35 Use Code" IMP PASTUR (006180) Tax District 50 'The Desodpdon above is not to be used as the Legal Description for this parcel in any legal transaction. "rhe Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning 8 Development at 883763-5548 for zoning info. Property & Assessment Values 2017 Certified Values 2018 Certified Values Mkt Land (o) $0 Mkt Land (o) $0 Ag Land (2) $1,753 Ag Land (2) $1,846 Building (o) $0 Building (o) $0 XFOB (o) $0 XFOB (o) $0 Just $116,944 Just $117,017 Class $1,753 Class $1,846 Appraised $1,753 Appraised $1,846 SOH Cap [?] $0 SOH Cap [?] $0 Assessed $1,753 Assessed $1,846 Exempt $0 Exempt $0 Total county:$1,753 c1l Total county:$1,846 city:$1,846 Taxable other:$1,753 school:$1,753 Taxable other:$1,846 school:$1,846 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. W Sales History 2018 Certified Values updated: 8/1/2019 Aerial Viewer Pictometery Google Maps • 2019 2018 2017 2015 2014 Sales r IFWWN 41L � A Ilk Sale Date Sale Price Book/Page rpw da . , I > ,- � A-- 111111 QC V U 1 rr mill � 1 1r# —v ! d 679/1952 sw 6 r a tl Ilk ,d § 12/28/2006 $775,200 620/1933 WD V Sale Date Sale Price Book/Page Deed V/1 . , I > ,- $100 A-- 111111 QC V U 11 11/4/2009 $100 679/1952 sw 6 U 11 12/28/2006 $775,200 620/1933 WD V _ P-1 e i 4/16/2003 $0 ,mac WD V U 03 Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 11/17/2009' $100 679/1002 QC V U 11 11/4/2009 $100 679/1952 QC V U 11 12/28/2006 $775,200 620/1933 WD V Q 4/16/2003 $0 500/0754 WD V U 03 4/16/2003 $0 500/0751 WD V U 03 W Building Characteristics Bldg Sketch Bldg Item Bldg Desc' Year Bit Base SF Actual SF Bldg Value NONE Extra Features & Out Buildings (codes) Code Desc Year Bit Value Units Dims Condition (% Good) NONE Land Breakdown Land Code Desc Units Adjustments Eff Rate Land Value 005100 IMP PAST U (AG) 7.660 AC 1.00/1.00 1.00/1.00 $235 $1,800 005950 LOW PAST U (AG) 1.460 AC 1.00/1.00 1.00/1.00 $32 $46 005956 LOW 6-<41 (MKT) 1A60 AC 1.00/1.00 1.00/1.00 $0 $2,117 005007 MKT AGRI (MKT) 7.660 AC 1.00/1.00 1.00/1.00 $0 $114,900 O Okeechobee County Property Appraiser I Mickey L Bandl I Okeechobee, Florida 1863763.4422 by: GrizzlyLogk.com g4b.okeechobeepa.com/gis/ 1/1 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 ``' ° (863) 763.3372 --�i 20 N RECEIVED from IC'1 (0 AG- SYG,-jP)6(-S+ree kzec obee, L1.L 0 and five- hupd-redsix c oU"'and Funsg. A zon Inq -- mera.la 6reerg 100 $ _�5bt [po PK* 106A CLERK Staff Report Small Scale Comprehensive Plan Amendment Prepared for. Applicant: Petition No.: The City of Okeechobee Reuven Rogatinsky 19 -003 -SSA Staff Report Small Scale Comprehensive Plan Amendment Applicant Applicant Phone Number Applicant Email Address Owner of Record Owner Phone Number Owner Email Address Site Address Agent/Contact Person Contact Phone Number Contact Email Address Reuven Rogatinsky Applicant: Rogatinsky Petition No. 19 -003 -SSA 954.536.6081 reuvenr1725@gmail.com Frank Altobello Charitable Remainder Trust III 863.610.0592 fmirby@embargmail.com SW 2nd Street Steven L. Dobbs �,�r� x, ;k„ � 863.824.7644 sdobbs@stevedobbsengineering.com�',", Parcel Identification Numbers: 2-21-37-35-OA00-00006-0000 Legal Description (from property appraiser) AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA & BEAR SOUTH 89x53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, A DISTANCE OF 285.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89x53'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00x04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89053'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING 9.12 ACRES Re uest The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a 9.12 acre parcel. The parcel is designated Single Family Residential on the Future Land Use Map. The proposal is to change the Future Land Use designation of this property from Single Family Residential to Multi Family Residential with a concurrent rezoning to Residential Multiple Family. The current and proposed Future Land Use designations, zoning, existing use, and planning Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA acreage of the subject property and surrounding properties are shown in the following tables and maps. Future Land Use, Zoning and Existing Use Future Land Use Category Zoning District Use of Property Existing Single Family Residential Holding Vacant/Agricultural Acreage e 9.123�t'an,".., Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District Existing Land Use Proposed Multi Family Residential Residential Multiple Family Apartment Complex 9.12 Multi -family Residential Holding Vacant Multi -family Residential Residential Multiple Family ' Vacant Single Family Residential Holding & Single Family Residential Vacant, Church & Single Family Res Single Family Residential Single Family Residential Church & Single Family Residential I _* ­ Z planning Staff Report Small Scale Comprehensive Plan Amendment A Qualification for Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA Based on the size of the property (9.12 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Plan Amendment (SSA) to the Comprehensive Plan. B. Current and Future Development Potential as Single -Family Residential The property is vacant. The maximum standard density allowable in the Single - Family Residential Future Land Use Category is four units per acre (five if the units qualify as affordable housing). Maximum development potential would be 45 single- family dwellings. C. Future Development Potential as Multi -Family 1. Future Development Potential The maximum standard density allowable in the multi -family future land use category is ten units per acre. If the units qualify as affordable housing, the maximum allowable density is 11 units per acre. If this amendment is approved, the maximum development potential of this 9.12 acre property will be 100 multi -family dwelling units. 2. Proposed Use The Applicant intends to develop this property as a residential apartment complex. A site plan has been submitted for this property in conjunction with the adjoining 9.89 acre parcel to the north. The currently proposed plan (for the entire 19.01 acres) depicts 191 apartment units, 191 storage units and a 2,500 square foot clubhouse. A. Consistency and Compatibility with Comprehensive Plan and Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 of the Future Land Use Element states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas and shall encourage infill development and discourage urban sprawl. There are several single family residences adjacent to the subject property, two churches, a childcare facility and vacant single family property. The entirety of the t:,K— planning Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA north and east property lines are shared with vacant multi -family property. These surrounding uses are compatible with the proposed multi -family use. Additionally, allowing for clustered multi -family development in this area helps to further Future Land Use Objective 12, by encouraging infill development and discouraging urban sprawl. B. Adequacy of Public Facilities The Applicant has included in his submission: • A letter from the Okeechobee Utility Authority indicating that adequate excess capacity is available to accommodate the demand for potable water that would be generated by the proposed development. • A letter from the Okeechobee Utility Authority indicating that service is available and that there is adequate excess capacity to accommodate the demand for wastewater treatment that would be generated by the proposed development. • A letter from Waste Management Inc. indicating that there is adequate excess capacity in the landfill to accommodate the proposed development. • A letter from the Okeechobee School District indicating that there is adequate capacity to serve the students generated as a result of this proposed development. Traffic Impacts The applicant has submitted a traffic impact statement that was prepared by Mackenzie Engineering & Planning, Inc., which finds that changing the future land use designation of this property from single family residential to multi -family residential is estimated to increase the potential number of daily vehicle trips by 206, the number of AM peak hour vehicle trips by 11, and PM peak hour vehicle trips by 11. Staff has reviewed this traffic impact statement and agrees with this estimate. Demand for Potable Water and Sewer Treatment The estimated demand for potable water and waste water treatment for one single- family home is 296.4 gallons per day (114 gallons per person per day at an average household size of 2.6). Demand for potable water and waste water treatment for the 45 single-family homes that could be permitted under the current single-family residential future land use designation would amount to about 13,338 gallons per day. The estimated demand for potable water and waste water treatment for one multi- family dwelling unit is 285 gallons per day (114 gallons per person per day at an I ..,K.-4 planning Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA average household size of 2.5). Demand for potable water and waste water treatment for the 100 multi -family homes that could be permitted under the proposed multi -family residential future land use designation would amount to about 28,500 gallons per day. C. Environmental Impacts The biologist hired by the applicant found a small wetland in the southwest corner of the site. This area should be preserved and a 25 foot wetland buffer should be observed. The property is located within flood zone X, which represents minimal flood risk. The site has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, soil conditions or susceptibility to flooding. Based on the foregoing analysis, we find the requested Multi Family Residential Future Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Concurrency of public services is not negatively affected by this request. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Multi Family Residential on the City's Future Land Use Map. Submitted by: i Ben Smith, AICP Sr. Planner, LaRue Planning September 10, 2019 Planning Board Public Hearing: September 19, 2019 City Council Public Hearing: October 15, 2019 Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use Aerial, Subject Site & Environs .:,h„1- planning Staff Report Small Scale Comprehensive Plan Amendment S.W.PARK ST T 6! eI a 3 2 + S.W. 2 ND ST n'tH,adddl + +16 n 11721 I S.W. 3 RD ST a r e s a 3 2+ S a ZI13;1{ 16 rol11 t6 +9 20 I I 3 a 6 r a S.W. 4TH ST „ 8 7 6 x• 3 2, 4 � 21 13 1•� taro 17 tel ro• 26 3 18 � IJ S.W. 5 TH ST e — .y 6 7 6 S 6 3 2 1 -20- 72 211:, fal 16 16I 11 16 19120 23 z• S.W. B TH ST I � 2r 1 6 7 a a• 3 2 1 26 111I 26 31 2137 6� ro 111 161 19f 20 II 32 S. W_ T TH ST 'I s3 I 3t Ila T 6'5'{ 3 211 Applicant: Rogatinsky Petition No. 19 -003 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS w g.a f 9 ,. Q •,3 -, 200 _ X2Oil i I _ I Subject Property 4 a 3 8 1 4 4 a 3 T e a 9 LAND USE CLASSIFICATIONS lot Gne SINGLE • FAMILY RESIDENTIAL MIXED USE RESIDENTIAL - MULTI - FAMILY RESIDENTIAL - COMMERCIAL INDUSTRIAL PUBLIC FACILITIES ^' EASEMENT - RAILROAD CENTERLINE - - - HOPKINS MEANDER LINE UNINCORPORATED Staff Report Small Scale Comprehensive Plan Amendment I10, ale 7 e el ! a + 71 t2 _11. le 7 i7 1e t S.W. 2 ND ST e 1 1 1 to t1 to t9lm S.W. 3 RD ST jJ o o e 7 e e! a z 1 ]w 1 +1 tz ta,+! to +e 1T11s ro 20 S.W. 4 TH ST > aIa Na 9 e I l e�113 � I O A � '7II W. 5 TH ST_ _ p a 9 6 7 �A. 5! 312 1' J n +2 +a u I +e 1020 1f S.W. 6 TH ST 'IA4 o 1 9 a 7 6 6! 3 2+{ I a 1t +2 7a t! le 1e 17 +eI roI 20, IT 1 a 2 �+ i ZONING SUBJECT SITE AND ENVIRONS 6 co 7 27 n ao x Applicant: Rogatinsky Petition No. 19 -003 -SSA 5 A J 2 ` 64 17 1 1. J ZONING ! i ei -�78 - 1 I W 3 OOMIERCM1. MWESWON/LL OFFICE t10LO1N6 emusrnuu ZONING PUBLIC FACUMS PLANNED UNR DEVELOPMENT-MMED USE PLANNED LNR DEVELOPMEW-RESIDEWEft RESCOMAL WXTWLE FAMty RESDENTIAL AMME NOME RESWEWML SINGLE 9"tY-0NE RESD ENTtAL 5tNGLE .AA0L1T W O UNWCORPORTATED La(�ue, % plan nilg comm eus"M MSMCT 1FAW COYMMML Lr3w COMMERCAL OOMIERCM1. MWESWON/LL OFFICE t10LO1N6 emusrnuu PUBLIC FACUMS PLANNED UNR DEVELOPMENT-MMED USE PLANNED LNR DEVELOPMEW-RESIDEWEft RESCOMAL WXTWLE FAMty RESDENTIAL AMME NOME RESWEWML SINGLE 9"tY-0NE RESD ENTtAL 5tNGLE .AA0L1T W O UNWCORPORTATED La(�ue, % plan nilg Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA EXISTING LAND USE AERIAL OF SUBJECT SITE AND ENVIRONS it sw sR SW JHU 51 r A S IM ST i• •.' MTS L- o r r SW 5111 Sis + ./2tL ,AM6. .W m AAA W Alt t Y .Alm- .,t `. pl annin�.� aNDEPENDENT MEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE he undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee .Cot, Florida, that the attached copy of advertisement being a s n L a d: _ ��� `� c-kL,jwl��" Lake Okeechobee News 107 SW 17th Street, Suite D in the matter of I '' : r� u V, C- ' lU in the 19th Judicial District of the CAuit Court of OkeechobeeThe Odnm is mW" SM SGaL- TIVEDATE County, Florida, was published in said newspaper in the issues ofto annelufa o, 1% �Sou9fi5beet+/- �Yaaes, baled h the 800 60 900 Wotks d Affiant further says that the' said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed be re a this RPh , day of C , - .'� ( ��� i 1 AD Notary Public, State of Florida at Large pNN ANG E ORO= WCOMISMSFFMW BMtW Thu Ndla y PUbk Umil MftM THE SOUnNYM CdRM3t OF ADISTANCEOF547.MFEETTOTiMPO1MOF.SEGVM OM_.__ Al nitlnbas of the pubk are enm aged m amend and path*ale In std Hebig; The pmpased Or&ur� mmaayy be t�erhd h dsentiety bymembers ofthepubkatmeofitatitheciyaalcdrhgnormalbrshe�hours Morn Fd, a0DX4.430 PM, emeptfor Wda,{ BEADVMMthatshadd}au twdtoshow.arr/=pip video oorr�IOyrw to the Coun h support or appagtlon W any torn on the a�rda, a Qerk Of OW f � Vdpteo, or dem blBf be Add to ft oty (Ofinv Labe tchkVefewls 107 SW 17th Street, Suite D Okeechobee, Florida 34974 NDEPENDENT 863-763-3134 NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee Cour>)ty, Florida, thaI the attached copy of advertisement being a i. 01 �-L �< L in the matter of%";�'C` J 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 Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. --�, Katrina Elsken Sworn to and subscribed before me thi� day of `:` { ;1.='� G1`� AD Notary Public, State of Florida at Large 5'avvlJ�� ANGIEBRIDGES W coXiMISSION # FF 976 449 EXPIRES: April 20,2020 �'',FOF �P•� Bonded Thru Notary Public Underoriters QTY OF OKEECHOBEE PUBLIC NOTICE CONSIDERATION OF A PROPOSED FUTURE LAND USE MAP AMENDMENT NOTICE LS HEREBY GIVEN W a PUBLIC HEARING vA be held be- fore the IXy of OkeedlDbee MwN Board, as Ore Lnol Pbnnfg P9enc.Y, On Thu Sep. 19, 2019, 6 PM, a as won thereaf�r as pD�ble,,at yy Hai, 55 SE 3rd Ave, RM 200, Ol�edrOt:ee, ft, m mrlsdm' and reoae n on Nar sub=by Vk Nw)en Rooalivdc�- bdfd ie poper/Y The Er iol [ka i�6 �hhum, Mork- =-= PN�i, ApptlraWn Na L40013'Arats to darge. Lhe Rt a land U.se dans i mtlat f an Stxje Fly Re4deMEl (SF7 tD M�t�FbrMi R�denmi (t+� «r 9.12+/- urpkt[ed saes bdr'd h the 800 >D 900 bbd6 of Sordnve4 6th Street lgral D�ayrtbn: OOFB� 0*X AT THE sounHwEST CORNER OF TP OF LANDDIDm1N OR BOOI(452, PAGE 1436, PUBLICR .OF OF0lEEQi08EE OOUFIfY, FLORIDAAND BEAR SOUTHti9°53Y1'WESFAIONCTHENORTHRIGHi-0FWAYLINE OF SW 672-1 SIRIfT; A DLSFANCP OF 28532 FEET, TO THE POINT OF BEC+71l�ICi; TFfIfCE CDN1INl1E SDIfFH 89°53'11^ 1AIESI TO THE IIifElZSECIION WIIHTFE EAST LINE OF BLOCK 202, C[IY OF OMMHDBEE,ADISTANCEOF725.50 FEET;THENCE BEAR NORTH 00'0458" WEST, ALONG THE EAST LINE OF BiAOC 202, A DLS- TANCE OF 547A4 FEET; THENCE BEAR NOM=E EllSi, A DISTANCE OF 725.33 FfET, THENCE BEAR50ULH OD 061)2- EAST A DISTANCE OF 54728 FEET TO THE POINTOF BEGVVWr. A reaxroien bon tD apprae or deny Appimtnn No.19-003-S54 %W be 5xwaded to the W CDurd fix cc 9deration t: adopt at a Fret puW H®rhg TE TATIVEY sded4ad fix 6 PM, Od3ber 15, 2019. ANY PERSON DECIDING TO APPEAL. any deavon node by Drs Board wdh reseed to ary a er corrsdam cliffs mee6rq wi need 1D ermre a oebahm record of the prooeedrg 's made and the record to dadesDre tesUrnory and euidaxe upon vArich the appeal vAT be basal Aurio remakxjs are forthe wk pupose d badap far dfioal nerds of the eDa d seadary. In aoeordar� wRt, the Amarmrs wdh D�bFbes Ad (ADA), cry person wRh a disabRy as defined by the ADA, that needs spe®I aooarunadatlonfA parte nihspromadrx)rmrAadlheC+erl- eral Savioes no Loha ttan aw lxsr�s days prgrlo pro�dirg, 863 -763 -3372 - BE ADVISED ttat should you irheid to shoe any doa+ner t, Porte, video or term tnthe Plannrg Board in support or opposibon teary ilan on the ager a copy oFtlte doamar pr tree, video, or elan nxd be presided ver Boarri S�Yfrxtha Olpys records 3�5t3061 ON 9/lp�uretra� Maids Mxtes eOm, No. 19-003 554 Bobbie Jenkins From: Sent: To: Cc: Subject: Attachments: Tracking: Good morning, Bobbie Jenkins Wednesday, November 13, 2019 11:08 AM Steven L. Dobbs, P. E.; reuvenr1725@gmail.com Lane Gamiotea; Patty Burnette City of Okeechobee Ordinance No. 1199 1199 #19-005-R H to RMF.pdf; 2019-10-15 Minutes.pdf Recipient Steven L. Dobbs, P. E. reuvenr1725@g mail,corn Lane Gamiotea Patty Burnette Read Read: 11/13/2019 11:54 AM Read: 11/13/2019 11:30 AM Attached for your records is a copy of the fully executed Ordinance No. 1199 (19-005-R) adopted at the November Stn Council meeting. A copy of the October 15th minutes have been attached for your records as well. A copy of the November 5th minutes will be forwarded to you once approved by the Council. If you should have any questions, please feel free to contact our office. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Patty Burnette From: Patty Burnette Sent: Tuesday, November 5, 2019 5:55 PM To: sdobbs@stevedobbsengineering.com; 'reuvenr1725@gmail.com'; 'fmirby@embargmail.com' Subject: 19 -003 -SSA and 19-005-R Attachments: Draft PB Minutes 091919.pdf Good Afternoon. This email is to officially advise you that the Planning Board of the City of Okeechobee made a motion to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No. 19 -003 -SSA, from Single -Family Residential to Multi -Family Residential, on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street and found it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, consistent with the urbanizing pattern of the area, and concurrency of public services not negatively affected by this request. and for Rezoning Petition No. 19-005-R from Holding to Residential Multiple Family, for 19.01± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street, for the proposed use of an apartment complex A copy of the draft Planning Board Minutes from the September 19, 2019 Meeting is attached for you information. Should you have any questions, please let me know. Thank you, Patty Nt. Burnette Cj, eneraCServices Coordinator City of Okeechobee 55 SE 3Yd Avenue Okeechobee, TL 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 Tax: (863) 763-1686 e -maid t)Lpit.rfletre@cirtiiofoFeecrobee.coiji website: wvti,w,cit,4ofo(eechobee.cvrnl, NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, November 4, 2019 12:05 PM To: Celeste Watford; 'Property Appraiser - Mickey Bandi' Cc: Lane Gamiotea; Patty Burnette Subject: City of Okeechobee Ordinance No. 1196 Attachments: 1196 #19 -003 -SSA SF to MF.pdf Tracking: Recipient Delivery Celeste Watford 'Property Appraiser - Mickey Bandi' Lane Gamiotea Delivered: 11/4/2019 12:05 PM Patty Burnette Good afternoon, Delivered: 11/4/2019 12:05 PM Attached you'll find Ordinance No. 1196, adopting Small Scale Amendment Application No. 19 -003 -SSA, changing approximately 9.12 acres from City of Okeechobee Single -Family Residential to Multi -Family Residential. This copy is for your records. Should you have any questions, please contact our office. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, November 4, 2019 12:06 PM To: 'Steven L. Dobbs, P. E.'; 'reuvenr1725@gmail.com' Cc: Lane Gamiotea; Patty Burnette Subject: City of Okeechobee Ordinance No. 1196 Attachments: 1196 #19 -003 -SSA SF to MF.pdf Good afternoon, Attached for your records is a copy of the fully executed Ordinance No. 1196 adopted at the October 15th Council meeting. A copy of the minutes will be forwarded to you once approved by the Council. If you should have any questions, please feel free to contact our office. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. Asa result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, November 4, 2019 12:02 PM To: Ben Smith Cc: Lane Gamiotea; Patty Burnette Subject: Ord. 1196 #19 -003 -SSA Attachments: 1196 #19 -003 -SSA & POPs.pdf Tracking: Recipient Delivery Ben Smith Lane Gamiotea Patty Burnette Ben, Delivered: 11/4/2019 12:02 PM Delivered: 11/4/2019 12:02 PM Attached is the fully executed Ord. 1196 and POP'S for your files. A copy of the October 15th minutes will be forwarded to you upon approval. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, October 11, 2019 3:01 PM To: Ben Smith Cc: Lane Gamiotea; Patty Burnette Subject: October 15, 2019 City Council Meeting items Attachments: Agenda 10 15 19 Ex 3.pdf, Agenda 10 15 19 Ex 4.pdf, Agenda 10 15 19 Ex 7.pdf, Agenda 10 15 19 Ex 8.pdf, Agenda 10 15 19.pdf Ben, Attached is the agenda for the October 151h Council meeting as well as the exhibit items for 19 -002 -SSA, 19 -003 -SSA, 19- 004-R, and 19-1005-R. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Bobbie Jenkins From: Bobbie Jenkins Sent: Friday, October 11, 2019 2:57 PM To: 'Steven L. Dobbs, P. E.'; 'reuvenr1725@gmail.com' Cc: Lane Gamiotea; Patty Burnette Subject: October 15, 2019 City Council Meeting Agenda Attachments: Agenda 10 15 19 Ex 4.pdf, Agenda 10 15 19 Ex 8.pdf, Agenda 10 15 19.pdf Good Afternoon, This is your official notice for the final public hearing for Application No. 19 -003 -SSA. Attached is a copy of the October 15th City Council Meeting Agenda as well as Exhibit 4. Your item is VI.B. This is also your official notice for the first reading for Petition No. 19-005-R. Attached is Exhibit 8. Your item is VIII.D. The meeting begins promptly at 6:00 p.m. Please call us if you have any questions or if you cannot attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Patty Burnette From: Patty Burnette Sent: Friday, September 13, 2019 12:37 PM To: sdobbs@stevedobbsengineering.com; reuvenr1725@gmail.com; fmirby@embarqmail.com Subject: September 19, 2019 Planning Board Meeting Attachments: Agenda September 2019.pdf; 19-003-SSA.pdf; 19-005-R.pdf Importance: High Good Afternoon. Please be advised that the Planning Board of the City of Okeechobee will be considering Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 19 -003 -SSA, from Single -Family Residential to Multi -Family Residential, on 9.12± unplatted acres located in the 800 to 900 blocks of Southwest 6th Street AND Rezoning Petition No. 19-005-R, from Holding to Residential Multiple Family for 19.01± unplatted acres, located in the 800 to 900 blocks of Southwest 6th Street, for the proposed use of an apartment complex on Thursday, September 19, 2019 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Planning Board Meeting Agenda is attached, along with copies of the Staff Reports. Should you have any questions, or if you, or a representative, cannot attend this meeting, please just let me know. Thank you, Pa4-f-y M. r3two_� CSeneraCServices Coordinator Citi of Okeechobee 55 Southeast 3rd Avenue Okeechobee, T1 34974 'J'eb 863-763-3372 Patty Burnette From: Patty Burnette Sent: Friday, August 23, 2019 11:38 AM To: sdobbs@stevedobbsengineering.com Cc: 'reuvenr1725@gmail.com'; fmirby@embarqmail.com Subject: Planning Board Meeting 9/19/19 Good Morning. Both of the applications you submitted for the Planning Board, Application No. 19 -003 -SSA and 19-005-R for the property located on SW 2nd Street will be heard at the September 19, 2019 Planning Board Meeting at 6:00 PM. A week before the meeting I will send you a copy of the Agenda and the Planner's Staff Reports. Should you have any questions, please just let me know. Thank you PM -t -y M. 6u-,rvL� (j. eneraCServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 T'W 863-763-3372 Direct: 863-763-9820 Fax: 863-763-1686 e -mai[ vburnette@cirvofokeechiobee.com we6site: www.cityofokeecho6ee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Thursday, August 22, 2019 4:34 PM To: Patty Burnette Subject: RE: September meetings Patty, You are correct on the workshop. I think it will be too much to try and add any workshop items to the 9-19-19 Planning Board meeting. As discussed, I can't say at this time whether we'll get everything we need for 19 -005 -TRC, but we can advertise that there will be a meeting, since the TRC Board will definitely be hearing 19 -004 -TRC I do feel comfortable advertising for all of the Planning Board items for the 9-19-19 Planning Board meeting: • 19 -002 -SSA • 19 -003 -SSA • 19 -004 -SSA • 19-004-R • 19-005-R And I will be sending you the draft ordinance for 19 -001 -SSA before I leave today. Thanks, 13evi Sm tk, AICP, LEED CA LaRue Manning 1 V5 ,Jackson jt #206, Fort Myers, f L j i)o 1 259-354-5'66 henn��irue��,v�nm,s.com From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Wednesday, August 7, 2019 3:51 PM To: Ben Smith <ben@larueplanning.com> Subject: September meetings Ben, Just wanted to recap to make sure you have everything for the September Meetings: 9-19-19 TRC Meeting: Application No. 19 -004 -TRC NO STAFF REPORT needed Application No. 19 -005 -TRC 9-19-19 Planning Board Meeting: 1 Comp Plan Amendment No. 19 -002 -SSA Comp Plan Amendment No. 19 -003 -SSA Comp Plan Amendment No. 19 -004 -SSA Rezoning Petition No. 19-004-R Rezoning Petition No. 19-005-R Advertising Deadline August 22, 2019 Whew I think I have everything. (I'm assuming you do not want anything added for a workshop, but if that isn't the case, just let me know ). Pa,tfy M. 6txvo�� GeneraCServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, EL 34974 T"ek 863-763-3372 Direct. 863-763-9820 Tax: 863-763-1686 e-maiC b6urnette@cityofokeechiobee.com J -website: -www.cityofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 7 MEMORANDUM TO: Attorney Cook en. rv. Coord. Eru—rn`effe-- FROM: City Clerk Gamiotea 4• PPS" ,r,.PUA. Q CISPICm- jDky�i 6 sY- -# DATE: July 12, 2019 SUBJECT: Are the Zoning & FLU Maps correct On unplatted 9.89± ac ID#2-21-3735- OA00-00006-D000 between SW 2nd & 6t" Street, Owner: Altobello Subject property is noted above, and shown on the map attached. History: ■ Comp Plan Future Land Use Map Amendment Application #06 -012 -SSA submitted on 4/24/2006 by property owner, Frank Altobello, to reclassify 9.89 acres from Single -Family Residential (SF) to Multi -Family Residential (MF). ■ Rezoning Petition #06-010-R submitted 4/24/2006 by property owner, Frank Altobello, to rezone 9.89 acres from Holding (H) to Residential Multiple Family (RnnFL__ ➢ 5/16/2006 Planning Sta � V,Ick ts t u s denial; and Planning Staff Report for #06-010-R re( ➢ 5/23/2006 Land Planninc so applicant can confer LPA Min BK 1/PGS 248 o Discussion that the ci (Ord #891, 4/5/2005) large multi -family dev( ➢ 5/23/2006 Planning Boan requested #06 -012 -SSA I ➢ 6/27/2006 subject was no %, defers action to 6/27/2006, ed Unit Development (PUD), )ntly changed from SF to MF ind this subject project for a ce any action since applicant 3 72. ➢ 10/11/2006 Revised Planning Staff Report for #06 -012 -SSA recommends denial; and Revised Planning Staff Report for #06-010-R recommends to deny RMF, but if #06 -012 -SSA approved, recommends rezoning to PUD. ➢ 10/19/2006 PB (as LPA) Hearing voted unanimously to recommend the City Council adopt #06 -012 -SSA, LPA Min BK PGS 120-123; and PB voted unanimously to recommend the City Council adopt #06-010-R as PUD not RMF, PB Min BK PGS 123-125. Page 1 of 3 ➢ 11/7/2006 City Council Public Hearing voted to adopt Ord #961/#06 -012 -SSA. Planner concluded the application could be allowed, if applicant changed #06-010-R to PUD instead of RMF, CC Min Bk 17/PGS 655-657. o The effective date of Ord #961/#06 -012 -SSA is 31 days after adoption provided no objections are filed with the State Department of Community Affairs (DCA)/Department of Administrative Hearings (DOAH). ➢ 11/7/2006 City Council, approves the first reading & set the final public hearing for Ord #963/#06-010-R, now H to PUD; final public hearing was postponed from 12/5/2006 to 2/6/2007 to give the Technical Review Committee (TRC) time to approve the site plan for the PUD project (includes this subject property & the 9.9 acres to the East), CC Min BK 17/PGS 658-661. ➢ 12/7/2006 Petition for Formal Administrative Hearing filed by Keith Walpole & Julian Huggins. Request DOAH order that DCA determine City's Plan Amendment (#06 -012 -SSA) is not in compliance and not become effective. Issued as Case 06-5020GM. ➢ 12/26/2006 Royal Professional Builders, Inc. added to Case 06-502OGM as Intervenor, purchased property from Altobello on 11/30/2006. ➢ 1/16/2007 City Council rescinds action taken on 11/7/2006, Ord #963/#06-010-R to postpone final hearing from 12/5/2006 to 2/6/2007 to be after the TRC approves the site plan. ➢ 3/12/2007 Case 06-502OGM Mediation Conference (held @Okeechobee County Court House) parties reached an impasse as to a global resolution, mediation conference was terminated. [NEED COPY OF WHAT HAPPENED/DISCUSSED AT THIS EVENT - John do you have a copy or any files on this?]. Jbk Y;; ➢ 3/22/2007 Case 06-502OGM Granted a Joint Motion to Continue Hearing filed on 3/20/2007 "to afford parties time to negotiate a settlement based upon a process outlined at medication [?- thought it was an impasse]. Also reads "participated in formal...parties agreed to a course of action which if carried out would result in dismissal of petition" [?]; and City Council to consider adopting PUD regulations. ➢ 6/15/2007 Case 06-502OGM Unilateral Status Report, City has not yet adopted the PUD regulations. ➢ 8/15/2007 Case 06-602OGM Status Report, City has adopted PUD regulations (Ord #989, 7/3/2007), Royal Professional Builders hasn't submitted a PUD plan for TRC to review. ➢ 10/2/2007 City Council holds a Closed Executive Session, CC Min BK 18/PGS 1-2, to discuss rescinding the 11/7/2006 motion to adopt Ord #961/#06 -012 -SSA, submitted by Frank Altobello (no action was taken after the executive session was adjourned). ➢ 10/23/2007 Case 06-502OGM Status Report, City has adopted PUD regulations, Royal Professional Builders hasn't submitted a PUD plan for TRC to review; Walpole/Huggins anticipate dismissing petition as a good faith showing of their willingness to collaboratively plan the PUD. Page 2 of 3 12/19/2007 Case 06-502OGM Stipulation of Dismissal, agreed by all parties: Royal Professional Builders agrees to withdraw rezoning petition (Ord #963/#06-010-R) and that the only zoning petition it will submit shall be either for development as a SF or PUD; petitioners agree to dismiss their petition. ➢ 1/3/2008 File Ordered Closed. My Questions: 1. Is Ord #961/#06 -012 -SSA adopted? The final decision approved by DOAH didn't address the comp plan amendment (#06 -012 - SSA) even though the original petition requested "it be found not in compliance and not adopted." I cannot find where the City Council ever rescinded action on it. If it is adopted, then we need to have the FLU map updated to show the 9.89 ac is actually MF not SF. 2. 1 believe it's clear that Ord #963/#06-010-R was never adopted, and the zoning should in fact be H, but want to confirm that with legal counsel. Thank you for your attention to this and assistance. General Services has a pending Future Land Use Map Amendment Application and Rezoning Petition pending until these questions can be answered. Page 3 of 3 wbiwT.c=.`eS#.!Yi'y^i�E= SSI Okeechobee County Property ,appraiser j W.C. "Bill' Sherman. CFA - Okeechobee, Florida - 863-763-4422 L DARCEL. _ _ - NON AG ACR (009900) THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF THE NORTH RIGHT-OF-WAY OF Name:ALTOBELLO FRANK TRUSTEE LandVal $458,940-00 Site: 0 SW 2ND ST, Okeechobee BldgVal $0.00 BOX 417 ApprVal $458,940.00 Mail: OKEECHOBEE. FL 349730417 JustVal $458,940-00 Sales 4116/2003 $0.00 V / U Assd $458,940.00 Info 4/16/2003 $0.00 V ! U Exmpt $0.00 Taxable $458,940.00 110 220 330 tE This information, Last Updated: 411012006. Was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely for the governmental purpose of property assessment This ihformadon 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, its use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http-.//vvvAri i.okcechobeepa.corn/GIS/Print Map.asp?pjboiibchhjbnhgcafecelbjemnollcjkaibfepfga_-_ 4/20/2, Okeechobee County Property Appraiser 2018 Certified Values Mickey L. Bandi updated: 7/4/2019 Parcel: « 2-21-37-35-OA00-00006-D000 » Sale Price Owner & Property Info 2018 Certified Values Mkt Land (o) Quality (Codes) ALTOBELLO FRANK CHARITABLE $0 REMAINDER TRUST III, ETAL. _$0 $2,205 Owner C/O FRANK IRBY PERSONAL REP $2,324 1385 SE 23RD STREET $0 OKEECHOBEE, FL 34974 $0 Site _ SW 2ND ST, OKEECHOBEE v XFOB (o) $0 AN UNPLATTED PARCEL OF LAND, SHOWN AS $148,350 THE RAILROAD GROUNDS, LYING WITHIN THE $148,350 PLAT OF THE CITY OF OKEECHOBEE, AS Description'* RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC � $2,324 RECORDS OF OKEECHOBEE COUNTY, FLORIDA, !SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 $2,324 EAST, OKEECHOBEE COUNTY, ...more>>> Area Use Code"" 9.89 AC IMP PASTUR (006180) SMR Tax District 21-37-35— 50 —^ r `The Description above is not to be used as the Legal Description for this parcel in any legal transaction. $2,324 ..The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Y Planning & Development at 863-763-5548 for zoning info. $0 Property & Assessment Values Sale Price 2017 Certified Values 2018 Certified Values Mkt Land (o) Quality (Codes) Mkt Land (o) $0 Ag Land (1) _$0 $2,205 Ag Land (1) $2,324 Building (o) $0 Building (o) $0 XFOB (o)� $0 XFOB (o) $0 Just $148,350 Just $148,350 Class $2,205 Class $2,324 Appraised $2,205 Appraised $2,324 SOH Cap [?] $0 SOH Cap M $0 Assessed $2,205 Assessed $2,324 Exempt $0 Exempt $0 county:$2,205 county:$2,324 Total I city:$2,205 Total city:$2,324 Taxableother:$2,205 Taxable other:$2,324 I school:$2,205 school:$2,324 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. W Sales History Aerial Viewer Pictometery Google Maps 2018 2017 2015 20 ,M r s Ir r a T .i « " V.1RD� ST x,� � x � • • ,,,' ..w". 70 't s >� r^ ' = wa ii SW PA1iK ST..� �s.tSW,2N�ST�i� rn .v,' SW,71111S1 , SW.i luxb^II 3RU 5T + SW 31! �$Htw +t • _ 1�",rA. 17u.'.`, ,til~ r.wjlL i� rWST 47 rH aa�s s Le -M x _! yWfTH ST"' i1�. 1r y .�'a • � /10TH ST .. TV ,111TH,ST ,:�:"q�g.` r f Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 11/17/2009 $100 679/1002 QC V U 11 11/4/2009 $100 679/1952 QC V U 11 11/22/2006 $840,700 617/0635 WD V U 03 4/16/2003 $01 500/0754 WD V U 03 4/16/2003 $01 500/0751 WD V U 03 Building Characteristics Bldg Sketch Bldg Item Bldg Desc" Year Bit Base SF Actual SF BIdgValue NONE Extra Features & Out Buildings (Codes) 12/19/2007 Case 06-502OGM Stipulation of Dismissal, agreed by all parties: Royal Professional Builders agrees to withdraw rezoning petition (Ord #963/#06-010-R) and that the only zoning petition it will submit shall be either for development as a SF or PUD; petitioners agree to dismiss their petition. ➢ 1/3/2008 File Ordered Closed. My Questions: 1. Is Ord #961/#06 -012 -SSA adopted? The final decision approved by DOAH didn't address the comp plan amendment (#06 -012 - SSA) even though the original petition requested "it be found not in compliance and not adopted."Ica mt find where the Cit ry Coun_ iLsy�r�e�in ed action on it. If it is adopted, then we need to have the FLU map updated to show the 9.89 ac is actually MF'not SF. 2. 1 believe it's clear that Ord #963/#06-010-R was never adopted, and the zoning should in fact be H, but want to confirm that with legal counsel. OcYYe& j re Thank you for your attention to this and assistance. General Services has a pending Future Land Use Map Amendment Application and Rezoning Petition pending until these questions can be answered. Page 3 of 3 ll:Rq 9- ,,s- I 0+ a.Yq a S SQA q #I "JO `7-i`7-rq Q5 bo n9 -lin 4 -t -z- ` w dgolb)lo► VSSI0-� �a e�gIoch1 Sid nolb11o) o0)alAI -,Do Q °)/ C3 Rd )Ql � tf s r ()0-70 Uold dwoo -dd 17n.i�C11 S� 04 HWn/ �� sola�lh �nb,b �� S�ISIh oll aq q) v �I u-r)j-q 6/24/2019 Okeechooee County Property Appraiser Okeechobee County Property Appraiser Mickey I„ Bandi Parcel: « 2-21-37-35-OA00-00006-101000 » Aerial Viewer Pictometery Google Maps Owner & Property Info Result: 2of4 ® 2019 2018 2017 2015 2014 Sales The Description above is not to be used as the Legal uescnption Tor this parcel In any legal transaction. "The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. ALTOBELLO FRANK CHARITABLE Book/Page REMAINDER TRUST III, ETAL. Owner C/O FRANK IRBY PERSONAL REP $0 Mkt Land (o) 1385 SE 23RD STREET ° OKEECHOBEE, FL 34974 Site SW 2ND ST, OKEECHOBEE t' AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD $0 Building (o) GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, 679/1952 AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF $0 XFOB (o) OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, p{ RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE $148,350 Just PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WD SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN $2,205 Class OFFICIAL RECORDS BOOK 452, PAGE 1436, PUBLIC RECORDS OF w� OKEECHOBEE COUNTY, FLORIDA & BEAR SOUTH 89053'11" WEST $2,205 Appraised ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, TO THE V INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF $0 SOH Cap [?] OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH $01 OOoO4'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE $2,205 Assessed OF 547.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 0e"il.; NORTH OOoO4'58" WEST, A DISTANCE OF 547.44 FEET TO THE Description' NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; AN j THENCE BEAR NORTH 89054'50" EAST, TO THE SOUTHEAST CORNER county:$2,205 city:$2,205 Total OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, .4.,.... ,. FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH could result in higher property taxes. OOoO4'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSEC- TION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY OF SOUTHWEST Bldg Sketch 2ND STREET; SAID CURVE CONCAVING TO THE NORTH- WEST, Bldg Desc* HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11o11'52" & A Base SF LONG CHORD BEARING NORTH 62e53'33" EAST, A DISTANCE OF 78.58 Bldg Value FEET; THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00004'58" EAST, A DISTANCE OF 534.67 NONE FEET; THENCE BEAR SOUTH 89054'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH OOoO6'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89053'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. 9.90 ACRES —less Area 9.89 AC JSMR 21-37-35 Use Code" IMP PASTUR (006180) 17ax District 150 The Description above is not to be used as the Legal uescnption Tor this parcel In any legal transaction. "The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development at 863-763-5548 for zoning info. 2018 Certified Values updated: 6/20/2019 _,___1 Sales History Sale Date Sale Price Book/Page 2017 Certified Values 2018 Certified Values V/1 Mkt Land (o) $0 Mkt Land (o) $0 ° Ag Land (1) $2,205 Ag Land (1) $2,324 t' Building (o) $0 Building (o) $0 679/1952 XFOB (o) $0 XFOB (o) $0 p{ Just $148,350 Just $148,350 WD Class $2,205 Class $2,324 w� Appraised $2,205 Appraised $2,324 V SOH Cap [?] $0 SOH Cap [?] $0 $01 Assessed $2,205 Assessed $2,324 0e"il.; Exempt $0 Exempt $0 AN j Total county:$2,205 city:$2,205 Total county:$2,324 city:$2,324 Taxable other:$2,205 schooi:$2,205 Taxable other.$2,324 school:$2,324 Note: Property ownership changes can cause the Assessed value of the property to reset to full .4.,.... ,. Market value, which could result in higher property taxes. 2018 Certified Values updated: 6/20/2019 _,___1 Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 11/17/2009 $100 679/1002 QC V U 11 11/4/2009 $100 679/1952 QC V U 11 11/22/2006 $840,700 617/0635 WD V U 03 4/16/2003 $0 500/0754 WD V U 03 4/16/2003 $01 500/0751 WD I V I U 03 Building Characteristics Bldg Sketch Bldg Item Bldg Desc* Year Bit Base SF Actual SF Bldg Value NONE Extra Features &Out Buildings (codes) Code Desc Year Bit Value Units Dims Condition (% Good) NONE Land Breakdown g4b.okeechobeepa.com/gis/ 1/2 6/24/2019 Land Code 005100 005007 Okeechobee County Property Appraiser Desc Units Adjustments IMP PAST U (AG) 9.890 AC 1.00/1.00 1.00/1.00 MKT AGRI (MKT) 9.890 AC 1.00/1.00 1.00/1.00 Search Result: 2 of 4 0 Okeechobee County Property Appraiser I Mickey L. Bandi I Okeechobee, Florida 1863-763-4422 Eff Rate Land Value $235 _ $2,324 $0 $148,350 by: GrizzlyLogic.com g4b.okeechobeepa.com/gis/ 2/2 6/24/2019 Okeechobee County Property Appraiser Mickey L. Bandi Parcel: « 2-21-37-35-0A00-00006-0000 » Okeechobee County Property Appraiser IOwner & Property Info Result: 1 of 4 ALTOBELLO FRANK CHARITABLE REMAINDER TRUST III, ETAL. Owner C/O FRANK IRBY PERSONAL REP 1385 SE 23RD STREET OKEECHOBEE, FL 34974 Site �SW 2ND ST, OKEECHOBEE AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 452, PAGE 1436, PUBLIC RECORDS OF Description* OKEECHOBEE COUNTY, FLORIDA & BEAR SOUTH 89053'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, A DISTANCE OF 285.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89953'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAS LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89053'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT O BEGINNING 9.12 ACRES —less Area 19.12 AC SIT/R 21-37-35 Use Code** I IMP PASTUR (006180) ITax District 150 *The Description above is not to be used as the Legal Description for this parcel in any legal transaction. **The Use Code is a Dept. of Revenue code. Please contact Okeechobee County Planning & Development 863-763.5548 for zoning info. 2018 Certified Values updated: 6/20/2019 Aerial Viewer Pictometery Google Maps Property & Assessment Values r c r 2017 Certified Values 2018 Certified Values y�` ` ? Mkt Land (o) $0 Mkt Land (o) $0 Book/Page Ag Land (2) $_1,753 Ag Land (2) $1,846 RCode Building (o) $0 Building (o) $0 QC XFOB (o) $0 XFOB (o) $0 k.%, ,' tr e Just $116,944 Just $117,017 V Class $1,753 Class $1,846 a_"til Appraised $1,753 Appraised $1,846 Q SOH Cap [?] $0 SOH Cap [?] $0 a r Assessed $1,753 Assessed $1,846 i:ry Exempt $0 Exempt $0a"qtr WD Total county:$1,753 city:$1,753 Total county:$1,846 city:$1,846 Taxable other:$1,753 school:$1,753 Taxable other:$1,846 school:$1,846 Note: Property ownership changes can cause the Assessed value of the property to reset to full Market value, which could result in higher property taxes. �r� k M� 03 Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode 11/17/2009 $100 679/1002 QC V U 11 11/4/2009 $100 679/1952 QC V U 11 12/28/2006 $775,200 620/1933 WD V Q 4/16/2003 $0 500/0754 WD V U 03 4/16/2003 $01 500/0751 WD V U 03 W Building Characteristics Bldg Sketch Bldg Item Bldg DesO Year Bit Base SF Actual SF Bldg Value NONE Extra Features & Out Buildings (codes) Code Desc Year Bit Value Units Dims Condition (% Good) NONE Search Result: 1 of 4 ® Okeechobee County Property Appraiser I Mickey L. Bandl I Okeechobee, Florida 1863-763-4422 by: Grizzlyl-ogic.corn g4b.okeechobeepa.com/gis/ 1/1 S+a+us ►nq`ur�%s�f- SLaILL Patty Burnette From: Patty Burnette Sent: Friday, June 28, 2019 1:57 PM To: Lane Gamiotea Cc: Bobbie Jenkins (bjenkins@cityofokeechobee.com) Subject: Frank Altobello property Tracking: Recipient Read Lane Gamiotea Read: 6/28/2019 2:52 PM Bobbie Jenkins (bjenkins@cityofokeechobee.com) Bobbie Jenkins Read: 7/1/2019 8:25 AM The piece of property I was speaking to you about is 9.89 acres, located between SW 2nd and 6th Streets with the Parcel Id of 2-21-3735-OA00-00006-D000. The Comp Plan FLUM Amendment Application I was researching is 06 -012 -SSA to change the FLU from SF to MF. Ordinance 961 was approved by the City Council to change this to MF on November 7, 2006. Hopefully I have the same piece of property that is now being considered for a proposed housing development and they are getting ready to submitted for a FLUM change and rezoning. They are asking me if there were any past approvals or applications for the property. Since the FLUM still reflects SF I was wondering if you knew why this was? There was a Rezoning Petition(06-010-R) that was submitted at the same time but it appears from the October 19, 2006 Planning Board Meeting that it was removed. Thank you for your help. PM -t -y M. f3wY GeneraCServi,ces Coordinator City of Okeec6o6ee SS Southeast 3rd Avenue Okeec6o6ee, TL 34974 Te6 863-763-3372 Direct: 863-763-9820 1 q. iaa,Ires aal 3 35©>�vo 0000� a000 q,wao reso`1 a 13135 O /AvU Pattv Burnette From: Autumn Sorrow <Autumn@ajentitlements.com> �I�O "Ida! Sent: Thursday, June 20, 2019 4:23 PM To: Patty Burnette Subject: Re: New development in Okeechobee Hi Patty, I was just wondering if there were any past approvals on this property. I know the site is vacant and still retains the "holding" zoning designation but I bus want to make sure there is nothing further to research regarding project approvals. Thanks Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561) 284-2472 www.ajentitlements.com A4ENTITLEMENTS & PLANNING On Jun 20, 2019, at 2:53 PM, Patty Burnette <pburnettegcityofokeechobee.com> wrote: Good Afternoon Autumn. wanted to get back to you with some information I found regarding addressing. I looked up an apartment complex here in the City that Steve and the Administrator were talking about to see how it was addressed. There is a main address and then it looks like each building has a unit letter and then a number (for example Unit A then numbers 1-4). So I would think the new development would be something like that. Not sure if there is going to be a centralized area for postal boxes on the property or if mail would be delivered to each door? Once the unity of title is complete and we can see a site plan of the lay out then there will be more information to show the County 911 to get that exact information. Hope this helps and it was a pleasure seeing you again yesterday. Paf fy M. et'WKZft" C3enerafServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, T.L 34974 Leh 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-maiC- pburnette@ciniofokeechobee.com website: www.cityofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Patty Burnette From: Lane Gamiotea Sent: Wednesday, July 17, 2019 2:59 PM To: Patty Burnette Cc: Bobbie Jenkins Subject: RE: Public Records Request Importance: High Patty, the files are in the "to be scanned" bin. Bobbie, we'll need #06-010-R & 06 -012 -SSA files to go to the top of the list. Make sure to scan the doc's in the blue cover & in the fastener for both so that they will have all records as requested, please go ahead & email them to Autumn(&ajentitlements.com cc me & Patty. Thanks! Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x9814 Fax: 863.763.1686 Cell: 863.697.0345 4 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Patty Burnette Sent: Wednesday, July 17, 2019 9:59 AM To: Lane Gamiotea Cc: Bobbie Jenkins Subject: FW: Public Records Request Importance: High Ms. Lane this is in regards to the research you did for me on the Altobello property. Pa4l-y M. &wvi� Cj, eneraCServices Coordinator City of Okeecho6ee 55 Southeast 3rd Avenue Okeec(w6ee, TL 34974 `�e6 863-763-3372 Direct: 863-763-9820 `Fax: 863-763-1686 e-mai6 p6urnette@ciLyo{okeec(io6ee.com website: -www.citvofokeecho6ee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Autumn Sorrow[mailto:Autumn(�i)ajentitlements.com] Sent: Wednesday, July 17, 2019 9:50 AM To: Patty Burnette Subject: Public Records Request Good morning Patty, It was nice chatting with you just now. Thank you for all the research on the past approvals that you did on our behalf for the property (2-21-37-35-OA00-00006-D000 and 2-21-37-35-OA00-00006-0000); we know it was no small task! In order for us to have complete records, we would like copies of the project history documents that you were able to obtain. If possible, we prefer that the documents are in electronic format. If documents are not in electronic format, we understand that there may be a fee to reproduce the copies. Thanks again Patty! Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.ajentitlements.com JNENIPILPA5' +J`t5 fic PLANNING— 24+ V. CONSIDER LAND DEVELOPMENT REGULATION (LDR) AMENDMENTS CONTINUED. A. Consider amending Section 90, Division 6, Commercial Professional and Office (CPO) District regarding Section 90-222 permitted uses to broaden the truck weight Iimitation continued. B. Requests for any amendments to the City's LDR's - Chairperson. VI. OPEN PUBLIC HEARING TO CONSIDER SMALL SCALE FUTURE LAND USE MAP AMENDMENTS - Chairperson. A. Comprehensive Plan Future Land Use Map Amendment Application No. 06 -012 -SSA. Consider a recommendation to the City Council to change the D41f*0 land use designation for an unplatted parcel of land shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, from Single Family (SF) to Multi -Family (MF). The subject property is located between Southwest 2nd and 6" Streets. The application was submitted by Jeff Sumner and/or Ken Treadwell on behalf of property owner Frank Altobello, Trustee - City Planning Consultant. MAY 23, 2006 - LAND PLANNING AGENCY - PAGE 4 OF 15 VOTE HOOVER - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA JUAREZ-YEA BURROUGHS-YEA JOHNS - YEA MOTION CARRIED. Chairperson Ledferd asked whether there were any requests for amendments to the City's LDR's. There were none. IICHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING TO CONSIDER SMALL SCALE FUTURE LAND USE MAP AMENDMENTS AT 7:05 P.M. Mr. LaRue briefly reviewed the Staff Report as follows: Planning Staff Report Summary: The applicant is requesting the Multi -Family Future Land Use Future Land.Use category to develop 9.89 acres of land as a multi -family development. The Multi - Family category would allow apartments, duplexes, and condominiums at a maximum density of 10 units per acre. This could allow up to 99 units on the subject property. The only access for this property seems to be on 2nd Street. This location and narrow access outlet is not a desirable opportunity to convert this property to Multi -Family. Planning Staff Report Comprehensive Plan Analysis: (A) As proposed, the applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. (B) Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. (C) The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. (D) The City's Comprehensive Plan Goals, Objectives and Policies, as they are 1 2006 - Land Planning Agency - Page 5 of 15 I VI. SMALL SCALE AMENDMENT PUBLIC HEARING CONTINUED. A. Comprehensive Plan Future Land Use Map Amendment Application No. Planning Staff Report Comprehensive Plan Analysis: (D) continued: intended, do not support a 06 -012 -SSA continued. 11 change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. Planning Staff Report Analysis and Conclusions: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the notice requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use Map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. Mr. LaRue explained that the Department of Community of Affairs (DCA) limits one owner per under 10 acre parcel considered for Comprehensive Plan Future Land Use Small Scale Map Amendments, and this property is contiguous with another property which had already been approved for the Comprehensive Plan Future Land Use Small Scale Amendment by the same owner. Attorney Cook clarified that the limitations by DCA are to prevent large land owners from piecing the property into under 10 acre parcels to have the Small Scale Map Amendments approved. Mr. LaRue suggested that this property be considered as a Large Scale Amendment. Mr. Haynes Williams represented Mr. Altobello, and requested this item be tabled so the applicant can confer with Mr. LaRue in regards to considering a Planned Unit Development (PUD). There was no further discu$sion. Agency Member Burroughs moved to table Comprehensive Plan Future Land Use Map Amendment Application No. 06 -012 -SSA until the June 27, 2006 meeting; seconded by Agency Member Hoover. VOTE L Coal a o + + 14 Q I)Y4 � ! n j HOOVER - YEA I `� KELLER - YEA Yh i S Ct LEDFERD - YEA MAXWELL - YEA JUAREZ - YEA BURROUGHS-YEA JOHNS - YEA MOTION CARRIED. ORDINANCE NO. 961 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. 06 -012 -SSA), submitted by property owner Frank Altobello, Trustee, 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 October 19, 2006, and submitted by staff report, 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 9.89 unplatted acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06 -012 -SSA, from Single Family to Multi -Family. The Legal Description of Subject Property is as follows: Page 1 of 3 An unplatted parcel of land, shown as the railroad grounds, lying within the plat of the City of Okeechobee, as recorded in Plat 5 Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Being more particularly described as followed: Commence a the southwest corner of that parcel of land described in OR Book 452 Page 1439, Public Records of Okeechobee County, Florida and bear S 89`53'11" W along the north right-of-way line of SW 6'h Street, to the intersection with the east line of Block 202, City of Okeechobee, a distance of 1010.82 feet; Thence bear N 00'04'58" W, along the east line of Block 202, a distance of 547.44 feet to the point of beginning; Thence continue N 00'04'58", a distance of 547.44 feet to the northeast corner of Lot 3, Block 202, City of Okeechobee; Thence bear N 89°54'50" E to the Southeast corner of that parcel of land described in OR Book 293 Page 257, Public Records of Okeechobee County, Florida, a distance of 704.88 feet; Thence bear N 00'04'58" W, a distance of 398.57 feet to the intersection with a curve in the southerly right-of-way of Southwest 2nd Avenue; said curve concaving to the northwest, having a radius pf 402.71 feet, a delta angle on 11'11'52" and a long chord bearing N 62°53'33" E, a distance of 78.58 feet; Thence along arc of said curve a distance of 78.71 feet; Thence bear S 00'04'58" E, a distance of 534.67 feet; Thence bear S 89`54'50" W, a distance of 49.69 feet; Thence bear S 00°06'02" E, a distance of 447.26 feet to the point of beginning. 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. 961 shall be thirty-one (31) days after the adoption of this ordinance. Page 2 of 3 INTRODUCED for first reading and public hearing on the ZL day of November, 2006. 2— Ja es E. Kirk, Mayor ATTEST: Lane Gamiote , CMC, City Clerk ADOPTED after first reading on the 7'h day of November, 2006. ATTEST: or Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: J John R. to—W,50ty Attorney Page 3 of 3 James E. Kirk, Mayor v V. OPEN PUBLIC HEARING - Chairperson A. Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA - City Planning Consultant. Motion to remove Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA from the table. 2. Vote on motion. 3. Consider Comprehensive Plan h1ap Amendment Petition No. 06- 012 -SSA: Frank Altobello is the property owner. The application is to change the Future Land Use designation from Single Family (SF) to Multi -Family (MF) for property located between Southwest 6" and 2' Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. - Planning Consul. tant. 12.0 October 19, 2006 Planning Board/Board of Adjustment and Appeals - Page 2 of 10 CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:03 P.M. Consider Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA: Frank Altobello is the property owner. The application is to change the Future Land Use designation from Single Family (SF) to Multi -Family (MF) for property located between Southwest 6`s and 2°" Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. Board Member Hoover moved to remove Comprehensive Plan Map Amendment Petition No. 06 -012 - SSA from the table; seconded by Board member McCoy. VOTE LEDFERD - YEA HOOVER -YEA BURROUGHS-YEA McCOY - YEA KELLER -YEA MAXWELL - ABSENT ,JUAREZ - YEA O'CONNOR - YEA MOTION CARRIED. Planning Staff' Report Summary: A. Comprehensive Plan Analysis: As proposed. the applicant'.N request is not consistent with the Multi -Family land Use category as intended in the Future land Use Element of the City's comprehensive Plan. This is a location with inadequate traffic Flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. Analysis and Conclusions: This application and its appearance before the Council and the LPA was duly noticed for the public in accordance with the note requirements set forth in Chapter 163 of the Florida Statutes. Staff does not recommend approval to amend the Future Land Use map from Single -Family to Multi -Family based on the above comments and the application's inconsistency with the City's Comprehensive Plan. V. PUBLIC HEARING CONTINUED. A. 3. Comprehensive Plan Map Amendment. Petition No. 06 -012 -SSA, continued. /z/ October 19, 2006 Planing Board/Board of Adjustment and Appeals - Page 3 of 10 Mr. Haynes Williams spoke on behalf of Mr. Altobello. Mr. Williams told the Board that due to surgery Mr. Altobello would not be present for this meeting. Mr. LaRue reported that this application is allowed based on size of property. This petition was first heard in May and withdrawn. The applicant as instructed by Mr. LaRue was looking at submitting this petition in a different direction. Upon further investigation it was decided by the applicant and developers of the property to proceed with the Comprehensive Plan Amendment as submitted. Mr. LaRue expressed concern about the traffic that would be generated by this development. The property from the South, North and West are Single Family. There is some concern regarding historical perspective to preserve Single Family. Department of Community Affairs, (DCA) states that Okeechobee City is projecting a larger population than is predicted by the State of Florida census. Board Member Burroughs inquired about the waste water capacity for the development. Mr. LaRue stated that no plan was submitted by [tie applicant for waste water. Board h1ember Burroughs asked whether the expansion of the waste water plant %k as in line with the development? Eric L-ngsironi, Chief Financial Officer for Royal Professional Builders replied that they are working with Okeechobee Utility Authority (OUA) on this matter, they have not signed a Developers Agreement, but they will be participating at the OUA November 7, 2006 meeting. Board Member McCoy asked Mr. LaRue whether there were any problems with DCA regarding the two Small Scale Comprehensive Plan Future Land Use Map Amendments that were submitted by Mr. Altobello one being contiguous to this property? Mr. LaRue replied that it has been a year since the last application was submitted and processed, and since Okeechobee was in an area of Rural Economic Concern, as appointed by Governor Bush, Small Scale Comprehensive Plan Future Land Use Map Amendment can cover up to 20 acres. This petition is clearly not a violation. Mr. Ledferd wanted to know why a traffic study is not part of the application for petition, since it is such a critical part of the equation. Mr. LaRue answered that the Board would see a complete Staff Report when this issue is required at application time. Board Member Burroughs said that it would be more applicable when we have that concurring aspect up front, in the future should we have concurrency reports from the applicant when they submit an application? V. PUBLIC HEARING CONTINUF,D. A.3. Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA, continued. October 19. 2006 - /4 _ Board/Board of Adiustment and ADDeals - Paee 4 of 10 NJeff Sumner, representative of LBFH Engineering thanked Mr. LaRue for his tireless work to make a Planned Unit Development District (PUD) zoning fit this project. Unfortunately, PUD is in the Single Family category and will not work for this application. This development needs to provide Multi -Family housing. This project is to house the employees of the Royal Concrete Company that is being constructed on Highway 98 North. The company anticipates opening the plant during the second quarter of 2007, with the initial work force of 500 employees, coming mainly from the Palm Beach area. Within five years the work force is predicted to be at 1,300 to 1,500 employees. The developers have looked over the entire area of Okeechobee and found no affordable housing for the employees, this development will provide that affordable housing. Mr. Sumner also reported that a traffic study has been commissioned to include these parcels and the ten acres to the South. The developer is aware of the costs of accommodating traffic created by the development. We are not building this with the thought of "If we build this will they come." This is being build to accommodate the future employees of the Royal Concrete Plant. Mr. Sumner also said that the developers are willing to meet with Superintendent of School%. Mrs. Cooper to discuss impact on the school system. The proximity of an elementary school to the project is a favorable point. Mr. LaRue told the Board that from a timing standpoint, phase one needs to move along with the building of the Concrete Plant. The Traffic analysis will be available within one to two weeks. Board Member Burroughs asked about the phasing process. Last year phase one and this one phase two? Mr. Sumner replied that the rough date of phase one was several months away. We are working on permits. There are no wet lands on phase one. We could have 90 units in Phase one, but there will be only 74 units due to retention ponds. Phase two will have 76 units and Phase three there will be 52 units. The Concrete Plant will produce the material needed to build the housing for the development. Board Member Maxwell asked Mr. Engstrom whether the housing would be for lease or sale, and would it be available for the general public? Mr. Engstrom replied that they did not know for sure, but that the current goal was to accommodate employees only. He did state that it would not have deed restrictions. And there will be a property manager. V. PUBLIC HEARING CONTINUED. A. 3. Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA, continued. /z3 October 19, 2006 - Planning Board/Board of Adjustments and Appeals - Page 5 of 10 Mr. Climaco Cardenas, Royal Architect and Design Of Urban Designer Planning explained to the Board the relationship of the plant and the housing development. These two entities are only one mile apart. We want to focus on quality of life. Employees who live in the development could ride their bicycles to work. The design of the housing is going to DCA for approval. We are also going to produce modular town homes. The plant can produce 4,000 units a year. Board Member Juarez inquired of the cost of the units. Mr. Cardenas said it was a good incentive to the employees. Our goal is not to make a profit from the employees. We are trying to provide quality. Chairperson Ledferd asked whether there were any further discussion. There was none. Board Member Burroughs moved to find Comprehensive Plan Map Amendment Petition No. 06 -012 -SSA consistent with the Comprehensive Plan, and recommend to approve to City Council; seconded by Board Member O'Connor. (See notation at the end of the minutes, Page 10 of 10) LEDFERD - YEA HOOVER -YEA BURROUGHS-YEA McCOY - YEA KELLER - YEA MAXWELL - YEA JUAREZ - YEA MOTION CARRIED. B. Rezoning Application No. 06-010-R - City Planning Consultant. Rezoning Application No. 06-010-R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East, Okeechobee County, Florida. 1. Motion to remove Rezoning Application No. 06-010-R from theIII Board member Hoover moved to remove Rezoning Petition No. 06-010-R from the table; seconded by table. Board Member Burroughs. V. PUBLIC HEARING CONTINUED. B. 2. Vote on motion. Consider Rezoning Application No. 06-010-R. Frank Altobello is the property owner. The application is to change the zoning designation from Holding (H) to Residential Multiple Family (RMF) for property located between Southwest 6th and 2nd Streets. Legal description: An unplatted parcel of land, shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, Section 21, Township 37 South, Range 35 East. Okeechobee County, Florida. - Planning Consul- tant. October 19, 2006 - /2y Board/Board of Adiustments and Anneals - Paee 6 of 10 VOTE LEDFERD-YEA HOOVER -YEA BURROUGHS-YEA McCOY - YEA KELLER - YEA MAXWELL - YEA JUAREZ - YEA MOTION CARRIED. Stats Report 1. The proposed use is not contrary to Comprehensive Plan requirements. As proposed, the applicant's request would be inconsistent with the proposed Multi -Family Land Use category as intended in the Future Land Use Element of the City's Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The RMF Zoning District allows a variety of uses, including multi -family housing, however, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single - Family Future Land Use category classification and have development limited to Single -Family residences. 3. The proposed use will not have an adverse effect on the public interest. The existing neighborhood seems to reflect a low level of residential intensity especially to the West of this property. Residential Multi-Familvdwellinas especially on the western side of this property would be inconsistent with the existing pattern of the neighborhood. This area, if allowed to he changed to Multi •Family. could cause more rezonings in this single-family area. 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 use is not appropriate for the location until the applicant submits a traffic analysis of the impacts from the subject property and the adjacent property which was amended and rezoned last year. It is also not known what the drainage impacts would be if this area was intensified to Multi -Family. Previously, it was thought that this parcel would be combined with the area to the east, now it seems to be a stand alone project. 5. The proposed use could adversely affect living conditions of the 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. If granted, buffering would be determined during the site plan review phase. 7. The proposed application if granted could overburden water, sewer, schools, and streets unless the impacts are fully planned for. 8. Traffic congestion could be a problem if rezonings of this size and intensity are allowed to continue. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change could constitute a grant of special privilege if approved without full analysis. I V. PUBLIC HEARING CONTINUED. B. 3. Rezoning Application No. 06-010-R continued. QUASI-JUDICIAL C. Consider Special Exception Petition No. 06 -011 -SE: To allow an enclosed warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(4)) submitted by property owner John Jones, dba C & J Investment Enterprises, Inc. The subject property is located at 1301 North Parott Avenue and 1307 North Parrott Avenue. Legal description: Lots 4-6 and Lot 26 of Block 3, City of Okeechobee Subdivision, Plat Book 2, page 17, Public Records St. Lucie County, Florida, also Plat Book 5, Page 5, Okeechobee County, Florida is approximately 0.672 acre(s). - Planning Consultant. lz5 October 19, 2006 - Planning Board/Board of Adiustments and Appeals - Page 7 of 10 Recommendation: Staff recommends denial of the request to allow rezoning from Holding to RMF but if the Future Land Use is recommended to change to multi -family staff would recommend a rezoning to PUD rather than the RMF zoning district. Mr. LaRue said that he would work with the applicant for a PUD Zoning to develop Multi -Family and Single Family, with four units per acre. This would have more in terms of street frontage, more open space, and less density. Board Member Hoover asked whether all present was in favor of that? The Board and the Developers concurred. Mr. Ledferd asked whether there were an comments from the public. There were none. Board Member Burroughs moved to find Rezoning Petition No. 06-010-R consistent with Comprehensive Plan and recommended the Planned Unit Development District Zoning to the City Council; seconded by Board Member Juarez. LEDFERD - YEA HOOVER - YEA BURROUGHS - YEA McCOY - YEA KELLER - YEA MAXWELL - YEA JUAREZ - YEA MOTION CARRIED. Consider Special Exception Petition No. 06 -011 -SE: To allow an enclosed warehouse and storage within a Heavy Commercial (CHV) Zoning District (ref. LDR's Sec. 90-283(4)) submitted by property owner John Jones, dba C & J Investment Enterprises, Inc. The subject property is located at 1301 North Parott Avenue and 1307 North Parrott Avenue. Legal description: Lots 4-6 and Lot 26 of Block 3, City of Okeechobee Subdivision, Plat Book 2, page 17, Public Records St. Lucie County, Florida, also Plat Book 5, Page 5, Okeechobee County, Florida is approximately 0.672 acre(s). Staff Report: A. The subject property has a Future Land Use classification of Commercial which allows the commercial activities being requested by the applicant. Therefore, the proposed use is not contrary to the Comprehensive Plan. B. Section 90-283 (4) of the City's Land Development Code allows enclosed warehouse and storage as a special exception use within the CHV Zoning District. C. The proposed use will not have an adverse effect on the public interest. B. Consider an LDR Amendment regarding Section 90-486 Special Excep- tion for Semitrailers and Commercial Vehicles within Residential Zoning Districts. - City Attorney VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal anv decision made by the Planning Board/Board of Adjustment and Appeals ss ilh respect it) 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 is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Depart- ment. William Ledferd, hairperson A EST - Betty lement, Secretary /zs October 19, 2006 - Planning Board/Board of Adiustments and Appeals - Page 10 of 10 Attorney Cook, addressed the Board stating regarding a proposed amendment to Sec. 90-486 that he did not feel that the Board was to keen on the idea of this LDR Amendment so he removed it from the Agenda to allow Semitrailers and Commercial Vehicles to park within Residential Zoning Districts upon the receipt of a Special Exception. The Board discussed the amendment at length at their September 21, 2006 meeting. The Board advised Attorney Cook to review the LDR and rework the existing verbage. The Board felt that the LDR was not specific enough to cover an area large enough to tum the large vehicles around without using easement and City property. Attorney Cook advised that, based on the discussion, he would explain to the City Council that the Board does not recommend making any changes to the Code at this time. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:07 P.M. Notation regarding Application No. 06 -012 -SSA. Due to confusion as to whom was and was not a voting member on this issue, a second was made by an alternate member prior to him being removed from regular voting status. Mr. Maxwell entered the chambers during the discussion of this item. Mr. O'Connor had been moved to a voting member position at the beginning of the meeting. The Board Secretary called the error to the Chairs attention that an alternate was seconding a motion when the voting member, he was sitting in for, had arrived, and therefore should be placed back as a non-voting member. Since the Chair had not officially noted that the alternate was no longer a voting member and second to the motion was not called for by another member, the second will remain by Mr. O'Connor. The clarification was made prior to the vote being taken, therefore Mr. Maxwell was now a voting member, but remained silent during the vote. A silent vote is a yea vote due to the method in which the votes are cast for this board. The motion to recommend approval remains the same as the majority of the votes were cast and the motion was carried. VI. WARRANT REGISTER -City Administrator. A. Motion to approve the September 2006 Warrant Register: Industrial Development Fund .................... $645,490.77 General Fund .. . ............................. $366,815.31 CDBG Fund ................................. $ 34,618.40 Public Facilities Fund .......................... $ 1,067.87 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only and adopt proposed Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06- 012 -SSA, Frank Altobello, property owner - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 961 by title only NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 3 OF 15 655 Council Member Watford moved to approve the September 2006 Warrant Register in the amounts: Industrial Development Fund, six hundred forty-five thousand, four hundred ninety dollars and seventy-seven cents ($645,490.77); General Fund, three hundred sixty-six thousand, eight hundred fifteen dollars and thirty-one cents ($366,815.31); Community Development Block Grant Fund, thirty-four thousand, sixhundred eighteen dollars andforty cents ($34,618.40); Public Facilities Improvement Fund, one thousand sixty-seven dollars and eighty-seven cents ($1,067.87); seconded by Council Member Markham. There was no discussion on this item. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item "L" Teen Center was added and New Business Item 'M' Temporary Street Closing was added. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 2:10 P.M. Council Member Watford moved to read by title only, and adopt proposed Ordinance No. 961 regarding Future Land Use Map Amendment Application No. 06 -012 -SSA, Frank Altobello, property owner; seconded by Council Member Williams. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED, Mayor Kirk read proposed Ordinance No. 961 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE N0. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARL Y 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." 656 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt Ordinance No. 961. b) Public comments and discussion. NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 4 OF 15 Council Member Markham moved to adopt proposed Ordinance No. 961; seconded by Council Member Chandler. The subject vacant property is located between Southwest 2"d and 6'h Streets and is approximately 9.89 acres. The applicant is requesting to change the Future Land Use designation from SF to MF. The application was submitted by the property owner Frank Altobello, Trustee. The application was reviewed by the Planning Board at their October 19, 2006 meeting, they unanimously recommended approval. The Planning Staff is recommending denial based on the following findings: A. Comprehensive Plan Analysis: As proposed, the applicant's request is not consistent with the Multi -Family Land Use category as intended in the Future land Use Element of the City's comprehensive Plan. This is a location with inadequate traffic flow capability. The traffic impacts and potential incompatibility to other Single Family uses have not been appropriately recognized. B. Concurrency of Adequate Public Facilities: Water is available to the subject property but sewer availability has not been confirmed. Impacts to traffic and schools have not been assessed. C. Compatibility with Adjacent and Nearby Land Uses: The proposed change in Future Land Use may accelerate too much residential growth in a location not suitable for such impacts, especially from a traffic standpoint. D. Compliance with Specific Standards of the Plan: The City's Comprehensive Plan Goals, Objectives and Policies, as they are intended, do not support a change to Multi -Family residential use at this time. Nearby vacant Multi -Family lands should be absorbed prior to further expansion of apartments at this location. Upon further review and discussion at the October 19, 2006 Planning Board meeting, Mr. LaRue concluded that this application could be allowed. However, the Rezoning Petition No. 06-010-R, to be discussed later, would need to be changed to request Planned Unit Development (PUD), rather than Residential Multiple Family (RMF). Mr. Eric Engstrom, Chief Financial Officer of Royal Professional Builders, on behalf of Mr. Wally Sanger, owner of Royal Concrete Concepts was present. Mr. Sanger is in the process of developing a concrete manufacturing plant on Highway 98, which is estimated to bring 1200 jobs to this area. The company anticipates the opening of the plant to be in the second quarter of 2007. The housing development being proposed is intended for the plants workforce but will be available to the public. Mr. Jeff Sumner, LBFH Engineering, stated that the traffic study is anticipated to be completed by the December 5" City Council meeting, and that the developer is committed to do whatever is necessary to proceed forward. Mayor Kirk asked whether there were any questions or concerns from the public. Mr. Keith Walpole and Mr Huggins strongly voiced their objections to the land use change, based on its impact to the area. NOVEMBER 7, 2006 - REGULAR MEETING - PAGE 5 OF 15657 T _ .,tkGENDA_,, a CUtCII.MOtY'ISISCU6SI�N VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. Council Member Watford asked whether Mr. LaRue had a better comfort level of the project now that the representatives have stated that they would agree to the PUD zoning; the completion of a full traffic impact analysis consisting of the entire project (2 multiple family parcels and 1 single family parcel); will be submitting by December 5, documentation in the form of a developers agreement with the OUA for wastewater capacity, water is not needed; will submit written documentation and has committed to work with the school board regarding the impacts; and finally, also submitted preliminary sketches of the entire project. Mr. LaRue responded it helps a little. The main area of concern is still whether or not the City already has enough Multiple Family Land Use designations. Council Member Watford noted his concern being the size and type of project within the area. Over a year ago the nine acres to the East was changed to Multiple Family and seems that this will have to be changed as well, since the developer can meet all necessary requirements. Mayor Kirk, Council Members Chandler and Markham noted that most of their concerns fall under the rezoning petition of the property. City Clerk Gamiotea requested the Council amend a paragraph which referenced the Land Planning Agency rather than the Planning Board. Council Member Watford moved to amend proposed Ordinance No. 961 to change the fourth paragraph wording referencing the Land Planning Agency to the Planing Board; seconded by Council Member Markham, VOTE TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED TO AMEND. c) Vote on motion. VOTE AS AMENDED KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. CLOSE PUBLIC HEARING. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 2:50 P.M. A.1. a) Motion to read by title only and set December 5, 2006 as a final Council Member Watford moved to read by title only, and set December 5, 2006 as a final public hearing date for public hearing date for proposed Ordinance No. 962, amending the proposed Ordinance No. 962, amending the Land Development Regulations; seconded by Council Member Williams. Land Development Regulations - City Planning Consultant (Exhibit 2). a r m y TOe�� y i a T9 � m GSTm r� $.N. 9 'H AVENJ: m OR HOOK 293 y PAGE 257 997.W 100' w 0 510.75' PARCEL TO BE REZONED q AREA= 9.9 ACRES �3e3 1013.25' 9 �" !g SCL RAILROAD RIM b s am 1D' R iD i7 h$ 017 BOOK 316 ^qo y PGE 143 m O � w OJ $. M.7 iN AVE!i'JE 7 zmmFTM FT7 ScAd LEL ND D Yak L S 1l . 2001 LOCA710ee ALTOMUc TAM 21/37/36 D® SKEM rs 3/VD6 R. L. S. 2084 Lo FINLAY Ma: 6147 r ACQUISITION "� 304 S. N. 3rd Ave., Okeechobee. Fla. 1 JN8147 MOW__ 7a3 -4M FAX ....763-2600 Mlt 1E1'IS/Of13 PALE C7 MAL . L /FG: COMM OF 230 A. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. E. 2. b) Public comments and discussion. c) Vote on motion. APRIL 5, 2005 - REGULAR MEETING - PAGE 10 OF 18 The additional items noted in the revised Planning Staff Report were: 1) Evidence was presented showing that the Multi -Family development would be on OUA water and sewer. 2) There was also public input that indicated individuals within the proximity of this property were wishing to retain Industrial uses. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. F.1. a) Motion to read by title only proposed Ordinance No. 891,amending Council Member Watford moved to read by title only, proposed Ordinance No. 891,amending the Future Land Use the Future Land Use Map, Application No. 05 -004 -SSA, submitted Map, Application No. 05 -004 -SSA, submitted by Frank Altobello, property owner; seconded by Council Member by Frank Altobello, property owner - City Planning Consultant Chandler. (Exhibit 6). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 891 by title only. Attorney Cook read proposed Ordinance No. 891 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORWAAMENDINGTHECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREINFROMSINGLE-FAMILYTOMULTI-FAMILY;PROVIDINGFORINCLUSION OFORDINANCEANDREVISED FUTURELANDUSEMAPINTHECOMPREHENSIVEPLAN, PROWDINGFORAN 11 EFFECTIVEDATE." 2. a) Motion to adopt proposed Ordinance No. 891. Council Member Markham moved to adopt proposed Ordinance No. 891; seconded by Council Member Williams. Mayor Kirk asked whether there were any questions or comments from the public. There were none. APRIL 5, 2885 - REGULAR MEETING -PAGE 110F 18 231 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. F. 2. b) Public comments and discussion.II This Ordinance amends the Future Land Use designation on 9.9 acres of unplatted lands located in the Southwest section from Single Family to Multi -Family. Clerk Gamiotea reported by memorandum in Exhibit Six that all fee's have been paid. The ordinance was advertised in the Okeechobee News on March 24. The Planning Staff originally found the application not in compliance. However, this was changed due to information presented at the March 22nd Land Planning Agency Meeting. The application is now considered in compliance with the Comprehensive Plan and with a recommendation of approval, The Land Planning Agency voted unanimously to recommend approval as well. Due to this being a small scale (less than 10 acres) amendment, it is necessary to mail notices to the surrounding property owners, nor post a sign on the property. Planning Staff Report Comprehensive Plan Analysis: (A) In examining the Multi -family Future Land Use category, the subject property would seem to be more consistent with Comprehensive Plan policies by remaining in the Single Family Future Land Use category classification and have development limited to Single Family residences. (B) The OUA has determined that sewer and water can be made available to this property. (C) The existing neighborhood seems to reflect a low level of residential intensity with a proposed low density residential development occurring to the North of the property. Commercial and industrial uses occupy property to the East and part of the North. Residential Multi -Family apartments would be inconsistent with the existing pattern of the neighborhood. This area, if allowed to be changed to Multi -Family, could cause more rezonings in this single family area. (D) There is no evidence presented to show, that this property, in terms of infrastructure capacity and compatibility would be best Mr. LaRue advised that the following items were what was presented at the Land Planning Agency meeting 1) Evidence was presented to show how ingress/egress for development at this site could be achieved from Southwest 2"6 and Southwest 6" Streets. 2) Institute of Traffic Engineers (ITE) peak -hour trip generation typical rates for Multi -Family use were presented illustrating that while Multi -Family dwelling units could be twice the Single -Family units at this site, traffic impact rates for Multi -Family use are typically 25 percent to 45 percent less in volume than Single -Family use. 3) The proximity of the railroad track and Industrial uses to the East were visible deterrents for Single -Family development at this location, as well as Multi -Family uses to the North. 232 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. F. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE -PUBLIC HEARING - Mayor -Kirk .-- — — — - - - ----------- VII. NEW BUSINESS. A.1. a) Motion to read by title only and set April 19, 2005 as a final public hearing date for proposed Ordinance No. 892, regarding Rezoning Application No. 05.002-R, submitted by Mark Goodbread - City Planning Consultant (Exhibit 7). APRIL 5, 2005 - REGuLAR MEETING -PAGE 12 of 18 4) Confirmation was made by the applicant that sewer and water would be provided by OUA. Council Member Watford noted for the record that he had been contacted by several of the surrounding property owners who expressed their concerns over what type of multi -family project this might be. He also asked what the next step was for the applicant. Mr. LaRue responded that platting the area into a subdivision, after the rezoning application, which is another item on tonight's agenda. However, he cautioned the Council not to get into specifics of a project at this point. The only thing that can be looked at is the land use of the area. Council Member Williams also noted for the record, she had been contacted by surrounding property owners. Their biggest concern was drainage. The Council noted that Staff needs to carefully review the situation when they meet as the Technical Review Committee to review the pre -application plat. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. YOR KIRK CLOSED THE PUBLIC HEARING AT 6:49 P.M. Council Member Watford moved to read by title only, and set April19, 2005 as a final public hearing date for proposed Ordinance No. 892, regarding Rezoning Application No. 05-002-R, submitted by Mark Goodbread; seconded by Council Member Chandler. VII. NEW BUSINESS CONTINUED. A.1, b) Vote on motion to read by title only and set final public hearing date c) City Attorney to read proposed Ordinance No. 892 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 892. b) Discussion. c) Vote on motion. APRIL 5, 2005 - REGULAR MEETING - PA9E 13 of 18 233 VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD-YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 892 by title only as follows: "AN ORDINANCE OF THE CITY OFI OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A' CERTAIN TRACTOFLAND MOREPARTICULARL YDESCRIBED HEREIN, FROMRESIDENTIAL SINGLEFAMILY (RSF-1) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 892; seconded by Council Member Williams. This Ordinance amends the zoning designation on Lots 14 through 19 of Block 32 and Lots 7 through 19 of Block 35, City of Okeechobee, from Residential Single Family -One to Residential Multiple Family. -T-his-rez-0ningapp4cation-goe ffi-Application-lo-05-003-SSA, approved -during _ the_ Public -Hearing -potion of the meeting. As stated previously, the Planning Staff has changed their recommendation from denial to approval based on information presented also at the March 22n° Planning Board Meeting. The Planning Board is also recommending approval. VOTE KIRK -YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 234 VII. NEW BUSINESS CONTINUED. APRIL 5, 2005 - REGuLAR MEETING -PAGE 14 of 18 B.1. a) Motion to read by title only and set April 19, 2005 as a final public Council Member Watford moved to read by title only, and set April 19, 2005 as a final public hearing date for proposed hearing date for proposed Ordinance No. 893, regarding Rezoning Ordinance No. 893, regarding Rezoning Application No. 05-003-R, submitted by Frank Altobello, property owner; Application No. 05-003-R, submitted by Frank Altobello, property seconded by Council Member Chandler. owner - City Planning Consultant (Exhibit 8). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WiLLiAMs - YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 893 by title only. Attorney Cook to read proposed Ordinance No.893 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOFLAND MOREPARTICULARLYDESCRIBED HEREIN, FROMHOLDING (BAND INDUSTRIAL (IND) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 893. Council Member Markham moved to approve the first reading of proposed Ordinance No. 893; seconded by Council Member Williams. b) Discussion. This Ordinance amends the zoning designation on 9.9 unplatted acres from Residential Single Family -One to Multiple 11 Family. This rezoning application goes with Application No. 05 -004 -SSA, approved during the Public Hearing portion of the meeting. As stated previously, Planning Staff has changed their recommendation from denial to approval based on information present at the March 22n0 Planning Board meeting. The Planning Board is also recommending approval. Council Member Watford, stated for the record, he had received calls from surrounding property owners regarding traffic impacts on this area. City Staff must concentrate on this concern and try to alleviate this problem, again this will be addressed during Technical Review Committee review of the pre -application plat. VII. NEW BUSINESS CONTINUED. B. 2. c) Vote on motion. C. Motion to award a bid contract to Lozano Builders, LLC, pertaining to the CDBG Commercial Rehabilitation Business Projects - Nancy Phillips, Grants Specialist (Exhibit 9). D. Consider a request for a twenty percent (20%) reduction of parking - John Whidden (Exhibit 10). APRIL 5,2005- REGULAR MEETING- PAGE 15 OF 18 235 VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to award a bid contract to Lozano Builders, LLC, in the amount of forty nine thousand, two hundred seventy-eight and zero cents ($49,278.00); pertaining to the Community Development Block Grant, Commercial Rehabilitation Business Projects; seconded by Council Member Williams. Grant Specialist Nancy Phillips reported that on March 15, 2005 only one firm submitted a response to the bid solicitation, Lozano Builders of Stuart. The work to be completed is on five businesses. North Park Tire Center $15,468.00; Park View Plaza $8,530.00; Okeechobee Abstract $7,455.00; Los Cocos Mexican Restaurant $7,325.00 and Display Systems $10,500.00. Each business was allotted $15,000 based on CDBG guidelines The owners of North Park Tire Center have agreed to reimburse the City the difference of $468.00, which is over the allotted amount. All work must be completed by September 28, 2005 when the grant expires. VOTE CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Item was withdrawn from the agenda. 244 APRIL 119,2005- REGULAR MEETING- PAGE 6 OF 10 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. a) Motion to read by title only proposed Ordinance No. 893, regarding Council Member Watford moved to read by title only, proposed Ordinance No. 893, regarding Rezoning Application Rezoning Application No. 05-003-R, submitted by Frank Altobello, No. 05-003-R, submitted by Frank Altobello, property owner; seconded by Council Member Williams, property owner - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS -YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 893 by title only. Attorney Cook read proposed Ordinance No, 893 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAINTRACT OFLAND MOREPARTICULARLYDESCRIBED HEREIN, FROMHOLDING (I)AND INDUSTRIAL (IND) ZONING DISTRICT TO RESIDENTIAL MULTIPLE FAMILY (RMl7 ZONING DISTRICT, AMENDING THE ZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND ANEFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 893. b) Public comments and discussion. Council Member Markham moved to adopt proposed Ordinance No. 893; seconded by Council Member Chandler. This Ordinance amends the zoning designation on 9.9 unplatted acres from Residential Single Family -One to Multiple Family. The property is located West of Southwest 7" Avenue. Clerk Gamiotea reported by memorandum in Exhibit Two, all fees have been paid. The ordinance was advertised in the Okeechobee News on April 8. The Planning Board voted unanimously to recommend approval at the March 22nd meeting. The Planning Staff amended their recommendation, based on information provided at the March 22nd meeting, and also recommended approval. The General Services Department mailed fifty-six courtesy notices 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. While no one from the public has stated their objection of this rezoning at a public meeting, they have contacted individual Council Members to state their objections. IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING. ITEM ADDED TO AGENDA: UNFINISHED BUSINESS - Mayor. p a e on negotiations for the purchase of additional Commerce Center property by Robert Meyers. APRIL 19, 2005 - REGULAR MEETING - PAGE 7 OF 10 Council Member Watford addressed the Council and those present that he sympathizes with those who do not want this proposed change, but that it is up to the property owner how the land is used as long as it meets the criteria. He also stated it is a reasonable request and City Staff will do their best to address the issues of drainage and traffic. He also feels this project will be a nice addition for our City. Mr. Barry Hurtz, Executive Vice President of Finlay Development, LLC was present and showed the public and Council pictures of the proposed project for the Multi - Family Housing. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMs-YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:33 P.M. Mayor Kirk updated the Council on the negotiations between Mr. Robert Meyers and the City, as authorized at the April 5 meeting, concerning the sale of Lots 4 and 5 at the Commerce Center. The purchase price will be thirty five - thousand dollars ($35,000) per acre. The agreement will be written with contingencies and a time frame condition so the City can submit for a grant for the infrastructure improvements. Mayor Kirk stated without the grant it would be cost prohibited for anyone to develop this property. Attorney Cook advised another condition will be that Mr. Meyers will have to utilize his option on Lots 10 to 12 before he can develop Lots 4 and 5. Council Member Watford moved to instruct the Mayor and City Attorney to enter into an option contract with Robert Meyers or his corporation for Lots 4 and 5 of the City Commerce Center, in the amount of thirty-five thousand dollars ($35,000.00) per acre contingent upon the city obtaining the grants and use of his other lots: seconded by Council Member Chandler. Discussion ensued. Prepared By and Return To: J. Richard Harris, Esquire Scott, Harris, Bryan, Barra & Jorgensen, P.A. 4400 PGA Boulevard, Suite 800 Palm Beach Gardens, Florida 33410 Our File No. 43011 FILE- HUN 21--if--161--119797 OR PK 01-3617 F'C3 063!5* SHARON ROBERTSONf CLERK. OF CIRCUIT COURT DK.EECHOBEE COUNTYP FL RECORDED 11/30/2006 12:46:21 PM RE:C:ORDING FEES 35.50 DEED DOC: 5 r °34. Sri RECORDED BY R Parrish P9s 0635 -- 638; (49si Property Control No. R 2-21-37-35-OA00-00006-0000 WARRANTY DEED THIS WARRANTY DEED, made this Znd, day of 2006, between Frank Altobello, as Trustee of the Frank Altobello Charitable Remainder Trust III dated April 16, 2003, as to a 2/3 interest; and Mildred Frances Altobello, as to a 1/3 interes - hereinafter called the Granto whose mailing address is Post Office Box 417 Okeechobee, Florida 34973 to Royal Professional Builders, Inc., a Florida corporation hereinafter called the Grantee, whose mailing address is 8120 Belvedere Road, Suite 3 West Palm Beach, Florida 33411 (Wherever used herein the terms "Grantors" and "Grantee" are used for singular or plural, as context requires and include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH, that the said Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in the County of Okeechobee, State of Florida, to -wit: ALL THAT PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. Book617/Page635 CFN#2006019797 Page 1 of 4 THE SUBJECT PROPERTY IS NOT THE HOMESTEAD OF THE GRANTORS, NOR IS IT CONTIGUOUS THERETO AND BOTH OF THE GRANTORS RESIDE AT 1105 SOUTH PARROT AVENUE, OKEECHOBEE, FLORIDA 34974. SUBJECT TO restrictions, reservations, covenants, conditions and easements of record; taxes for the year 2007 and the years subsequent thereto; and all applicable laws, ordinances, and governmental regulations, including without limitation, zoning and building codes and ordinances. 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 said Grantors do hereby fully warrant title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. Signed, sealed and deliver in the presence of: as (print name of witness) W�9ess as to.Fr n Altobello JUSGL!/1 �i l�lQ (print name of witness) Altobello (print�ame ofwitneso W' ess as told ed Frances Altobello J ! I&66(vl f l Q WS (print name of witness) Frank Altobello, as Trustee of the Frank Altobello Charitable Remainder Trust IH dated April 16, 2003 Mildred Frances Altobello Book617/Page636 CFN#2006019797 Page 2 of 4 STATE OF FLORIDA dee— The OF ��G� The foregoing instrument was acknowledged before me this Q47-4-e1day of/lbt/eyY+q---/ ; 2006, by Frank Altobello, as Trustee of the Frank Altobello Charitable Remainder Trust III dated April 16, 2003. ���VSAN•4{ij���p�'i*��� NOT RY PUBLIC .' �AMISS1 •' �1c!' �: 't0psera� • * ; ,;�USQ h i/��a rx.9 (Print Name) A`\���`` M Commission Ex ' s� 11111111 Commission Commission No.:5F70-7,S- 7 Personally Personally Known _ OR Produced Identification Type of Identification Produced STATE OF FLO DA COUNTY OF The foregoing instrument was acknowledged before me thiscoW day of /yoVP xmAS Armil Frances Altobello. 0WILIT/iii i .••,CMN''NOT Y PUBLIC o - *� 9 •�dr,�� J(/.`at.lw GVl ��lCc ii n� ��� ��``` (Print Name) My Commission Expires: "/6 Commission No.: 58703 Personally Known �_ OR Produced Identification Type of Identification Produced Book617/Page637 CFN#2006019797 Page 3 of 4 EXHIBIT "A" LEGAL DESCRIPTION AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89053'11 "WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00004'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; THENCE BEARNORTH 89054'50"EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00004'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY OF SOUTHWEST 2ND STEET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11 ° 11'52" AND A LONG CHORD BEARING NORTH 62053'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00004'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89054'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89053'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. CONTAINING 9.90 ACRES, MORE OR LESS. Book617/Page638 CFN#2006019797 Page 4 of 4 Prepared and Return to: Jonathan Bloom, Esq. Bloom & Freeling 2295 NW Corporate Blvd. Suite 117 Boca Raton, FL 33431 Property Control No. 1111111 IIIII IIIII IIIII IIIII IIIII IIIII II Il 11111 lllli 1111 1111 FILE NUN 21-JO9013952 LIR P -K 00679 F`G 1952 SHARON ROBERTSONP CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYY FL RECORDED 12/14/2019 12:44:24 PM AMT 10.00 RECORDING FEES 35.50 DEED DOC 0.70 RECORDED BY R Parrish P9s 1952 - 1955; (4p9s) DEED IN LIEU OF FORECLOSURE THIS QUIT CLAIM DEED executed this��of 9eteb , 2009, by ROYAL PROFESSIONAL BUILDERS, INC., a Florida corporation, first party, to FRANK ALTOBELLO, AS TRUSTEE OF THE FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III DATED APRIL 16, 2003, AS TO A 2/3 INTEREST AND MILDRED FRANCES ALTOBELLO AS TO A 1/3 INTEREST, whose mailing address is 211 SW Park Street, Okeechobee, FL 34972, second party. Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNESSETH, That the said first party does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim, and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Okeechobee, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. THIS DEED evidences an absolute conveyance of the title and unconditional sale of the property secured by the mortgage dated December 29, 2006, and recorded at Official Record Book 620, page 1937, of the Public Records of Okeechobee County, Florida and mortgage dated November 27, 2006, and recorded at Official Record Book 617, page 639, of the Public Records of Okeechobee County, Florida and, the first party having sold the above described property to second party for a fair and adequate consideration, such consideration Book679/Page1952 CFN#2009013952 Page 1 of 4 being full satisfaction of all obligations secured by the mortgages encumbering the above described property heretofore executed by the first party in favor of the second party. This Deed is not intended to serve as additional security. IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: wt U-� (Print name of witness) —L4,4, u [AA, cr-Q Cj— Witness Th�t�L,Vt.)oit) (Print name of witness) ROYAL INC. BUILDERS, BY:_�.ri v� v Print name:-J[•-<-�'�a riy Title: R169y The fore oing instrument was acknowledged before me this Aeteber, 2009, by of ROYAL PROFESSIONAL BUILDERS, INC., on behalf of said corporation. (SEAL) KENNETH TREADMILL MY COMMISSION # DD 494708 e ` EXPIRES: January 8, 2010 7ifR(, ft4edTftNotaryPd*UrKlwwdlem NOTARY PUBLIC �f (Print Name) My commission expires: Commission No Personally knowny or produced identification Type of identification produced Book679/Page1953 CFN#2009013952 Page 2 of 4 EXHIBIT "A" LEGAL DESCRIPTION The real property located in Okeechobee County, Florida, more particularly described hereafter as Parcel 1 and Parcel 2: Parcel 1: AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89053'11 "WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6TH STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00004'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; THENCE BEAR NORTH 89054'50"EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00004'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY OF SOUTHWEST 2ND STEET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11°11'52" AND A LONG CHORD BEARING NORTH 62053'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; Book679/Page1954 CFN#2009013952 Page 3 of 4 THENCE BEAR SOUTH 00004'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89053'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNING. CONTAINING 9.90 ACRES, MORE OR LESS. Parcel 2: AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89053'11"WESTALONG THE NORTH RIGHT-OF-WAY LINE OF SW6TH STREET, A DISTANCE OF 285.32 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 8953'11" WEST TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 725.50 FEET; THENCE BEAR NORTH 00004'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET, THENCE BEAR NORTH 89053'58"EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00006'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS. Book679/Page1955 CFN#2009013952 Page 4 of 4 r This Instrument Prepared By TOM W. CONELY, III, ESQUIRE CONELY & CONELY, P.A. Post Office Drawer 1367 Okeechobee, Florida 34973-1367 Parcel Number: 2-21-37-35-OA00-00006-0000 2-21-37-35-OA00-00006-D000 �IIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIILIIIIIIIIIIIIIII FILE NUN 21DO9013478 CIR EK 211679 F'G 1 ia1]2 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 12/03/200? 11:5:14 AN ANT 10,00 RECORDING FEES 18.50 DEED DOC 0,70 RECORDED BY h Pinon Pss 1002 - 1003; (2pes) QUIT CLAIM DEED [PREPARED WITHOUT EXAMINATION OF TITLE] THIS INDENTURE made the I, day of November, 2009 by OKEECHOBEE UTILITY AUTHORITY, hereinafter called first party, to FRANK ALTOBELLO, as Trustee of the Frank Altobello Charitable Remainder Trust III dated April 16, 2003, and MILDRED FRANCES ALTOBELLO, whose post office address is P.O. Box 417, Okeechobee, FL 34973-0417, hereinafter called the second party: (Wherever used hercin the terms "first party" and "second party" include all the parties to this instrument and the heirs, legal representatives and assigns o-fiindividuals, and the suceecsors and assigns of corporations) WITNESSETH: That the said first party, for and in consideration of ONE DOLLAR and other valuable consideration, receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in Okeechobee County, Florida, viz: MOP] TWO UNPLATTED PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC F&ORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" 1W ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 61-H STREET,ADISTAN F 285.32 FEET, TO THE POINT OF BEGINNING; w THENCE CONTINUE SOUTH 89°53'11" WEST TTHE INA WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DI AN F 725.50 FEET; THENCE BEAR NORTH 00°04'58" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET; THENCE BEAR NORTH 89°53'58" EAST, A DISTANCE OF 725.33 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 547.28 FEET TO THE POINT OF BEGINNING. CONTAINING 9.12 ACRES, MORE OR LESS. COMMENCE AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 452, PAGE 1436, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEAR SOUTH 89°53'11" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SW 6 ni STREET, TO THE INTERSECTION WITH THE EAST LINE OF BLOCK 202, CITY OF OKEECHOBEE, A DISTANCE OF 1010.82 FEET; THENCE BEAR NORTH 00004158" WEST, ALONG THE EAST LINE OF BLOCK 202, A DISTANCE OF 547.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°04'58" WEST, A DISTANCE OF 547.44 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 202, CITY OF OKEECHOBEE; Book679/Page1002 CFN#2009013478 Page 1 of 2 THENCE BEAR NORTH 89°54'50" EAST, TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN O.R. BOOK 293, PAGE 257, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 704.88 FEET; THENCE BEAR NORTH 00°04'58" WEST, A DISTANCE OF 398.67 FEET TO THE INTERSECTION WITH A CURVE IN THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST 2m STREET; SAID CURVE CONCAVING TO THE NORTHWEST, HAVING A RADIUS OF 402.71 FEET, A DELTA ANGLE OF 11 -11'52" AND A LONG CHORD BEARING NORTH 62°53'33" EAST, A DISTANCE OF 78.58 FEET; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 78.71 FEET; THENCE BEAR SOUTH 00°04'58" EAST, A DISTANCE OF 534.67 FEET; THENCE BEAR SOUTH 89°54'50" WEST, A DISTANCE OF 49.69 FEET; THENCE BEAR SOUTH 00°06'02" EAST, A DISTANCE OF 447.25 FEET; THENCE BEAR SOUTH 89053'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEGINNOW CONTAINING 9.90 ACRES, MORE OR LESS. The purpose of this quit -claim deed is to release the real property described herein from that certain Okeechobee Utility Authority Water and Wastewater System Standard Developer's Agreement and First Addendum ("Standard Developer's Agreement) dated November 7, 2006 and recorded in Official Records Book 618 at page 1724, public records of Okeechobee County, Florida, and to confirm that none of the Equivalent Residential Connections (ERCs) reserved therein shall attach to and become a part of the real property described herein nor shall any special non -ad valorem assessments therefor be assessed against said real property by first party. TO HAVE AND TO HOLD the same together with all and singular the appurtenances there unto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claimwhatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF, the said first party has caused these presents to be executed by its duly authorized officers the day and year first above written. Signed, sealed and delivered in our uresence: Witness Si e ,, // Printed N �i-y #�/ 2u 9° �_—,'� Witness Signature JR Printed Name: ) IQ 0—. n m D S STATE OF FLORIDA COUNTY OF OKEECHOBEE OKEECHOBEE UTILRITY By: Frank Irby, Cha' 100 SW 5`1 Avenue Okeechobee, FL 34974 The foregoing instrument was acknowledged before me this 174"1 day of No ember, 2009 by FRANK IRBYthe chairman ofthe OK�E)ECHOBEEUTILITY AUTHORITY; he[ rspersonallyknown to me or [ ] producedas identification. • • -"""'• Book679/Page1003 CFN#2009013478 Page 2 of 2 LYNETTE MARIE LOWE Notary Public • State of Florida •, My Commlaelon Expireg Sep 2.2011 sl�,• Commbsion / OD 690M Bawled Thragh N W and No W y ftm Book679/Page1003 CFN#2009013478 Page 2 of 2 Patty Burnette From: Steven L. Dobbs, P. E. <sdobbs@stevedobbsengineering.com> Sent: Wednesday, July 24, 2019 7:54 AM To: Patty Burnette Subject: Emerald Greens Comp Plan Patty, Just want to make sure I calculated the fees correctly. Comp Plan - $850.00 + (9.12 acres — 1 acres for the initial fee * $30) _ $1,093.60 Rezoning - $850.00 + (19.1 acres — 1 acres for the initial fee * $30) _ $1,393.00 Please call with any questions. ,$teaerc Z. V044, P. 5, Steven L. Dobbs Engineering, LLC OFFICE: 209 NE 2nd Street Okeechobee, FL 34972 MAILING: 1062 Jakes Way Okeechobee, FL 34974 Phone: 863-824-7644 Cell: 863-634-0194 sdobbs@stevedobbsengineering.com This e-mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the sender. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Steven L. Dobbs Engineering, LLC. The recipient should check this e-mail and any attachments for the presence of viruses. SLD Engineering accepts no liability for any damage caused by any virus transmitted by this e-mail. ************************************ 000 2/5/2019 Okeechobee County Property Appri updated: 1/31/2019 Parcel:2-21-37-35-OA00-00006-0000 « Next Lower Parcel Next Higher Parcel » Owner & Property info Owner's Name ALTOBELLO FRANK CHARITABLE Site Address SW 2ND ST, OKEECHOBEE cnt: (2) REMAINDER TRUST III, ETAL. Mailing C/O FRANK IRBY PERSONAL REP Address 1385 SE 23RD STREET cnt: (0) OKEECHOBEE, FL 34974 Total Appraised Value AN UNPLATTED PARCEL OF LAND, SHOWN AS THE RAILROAD $1,846.00 GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, U AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF Description P OKEECHOBEE COUNTY, FLORIDA, SECTION 21, TOWNSHIP 37 SOUTH, QC RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE U PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE 12/28/2006 SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN WD OFFICIAL RECORDS BOO ...more>>> NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 9.120 ACRES S/T/R 21-37-35 Neighborhood 310600.00 Tax District 50 DOR Use Code IMP PASTUR (006180) Market Area 320 The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (0) $0.00 Ag Land Value cnt: (2) $1,846.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value 679/1002 $1,846.00 0.00 * II 9.120 + 9 , 890 + 2018 Certified Values !J FRetieye Tax Record Prope Card 19 0 (pdf) L interactive GIS Map Print Search Result: 1 of 1 GIS Aerial 2018 Certified Values Just Value $117,017.00 Class Value $1,846.00 Assessed Value $1,846.00 Exempt Value $0.00 Total TaxableJ- Value $1,846.00 Sales History L__ Show Similar Sales within 1/2 mil Fill out Sales Questionnaire Sale Date Book/Page Inst. Type Sale Vlmp Sale Qua[ Sale RCode (Code List) Sale Price 11/17/2009 679/1002 QC V U 11 $100.00 11/4/2009 679/1952 QC V U 11 $100.00 12/28/2006 620/1933 WD V Q $775,200.00 4/16/2003 500/754 WD V U 03 $0.00 4/16/2003 500/751 WD V U 03 $0.00 Building Characteristics Bldg Sketch Bldg Item *Bldg Desc Year Bit Base S.F. Total S.F. Bldg Value NONE Extra Features & Out Buildings - ( Show Codes) Code Desc Year Bit Value Units Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 005100 IMP PAST U (AG) 0000007.660 AC 1.00/1.00/1.00/1.00 $235.00 $1,800.00 005950 LOW PAST U (AG) 0000001.460 AC 1.00/1.00/1.00/1.00 $32.00 $46.00 005956 LOW 6-<41 (MKT) 0000001.460 AC 1.00/1.00/1.00/1.00 $0.00 $2,117.00 http://okeechobeepa.com/GiSvl/ 1/2 005007 MKT AGRI (MKT) 0000009.890 AC 1.00/1.00/1.00/1.00 $0.00 $148,350.00 http://okeechabeepa.com/GlSv1/ 1/2 2/5/2019 D_SearchResults 005007 MKT AGRI (MKT) 0000007.660 AC 1.00/1.00/1.00/1.00 $0.00 $114,900.00 2/5/2019 D_SearchResults Okeechobee County Property Appraiser Search Result: 1 of 1 updated: 1/31/2019 This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information 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 information 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 being finalized for ad valorem assessment purposes. Notice: Under Florida Law, e-mail addresses are public record. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. © Okeechobee County Property Appraiser I Mickey'L. Bandi, CFA - Okeechobee, Florida - 863-763-4422 by: GrizzlyLogic.com http://okeechobeepa.com/GISv1 / 2/2 Sec. 90-75. - Maximum residential dwelling units densities. For the purposes of calculating the maximum allowable number of dwelling units per acre of undeveloped land in various residential zoning districts, the following densities shall be used: (LDR 1998, § 305) 1/1 Residential Zoning District Code Density du/ac Comprehensive Plan Category (1) Residential single-family one RSF 1 4 Single-family residential (2) Residential single-family two RSF 2 6 Multifamily residential (3) Residential mobile home RMH 6 Single-family residential (4) Residential multiple -family RMF 10 Multifamily residential (LDR 1998, § 305) 1/1 Burnette From: Ben Smith <ben@larueplanning.com> 1� ✓fit 0>1 Sent: Friday, June 21, 2019 4:11 PM To: Marcos Montes De Oca i Cc: Patty Burnette (a},e,Q,{ TesPOM bo Subject: RE: Okeechobee Projectp�nq did o-vec s VJ ,LU IS S PortcL Wae�c� Marcos, +b 1kD1V10 0-011 I know you're out but I sent you and Patty a rundown on what I found regarding affordable housing in the Comp Plan lQ and LDC earlier this week. And it's my thought that at least a conceptual site plan should be submitted with the PUD -Re P rezoning request according to ection 90-429, as t is w-1llVve staff and-tKe deading officials some basis for review of the 1 / j PUD request. Then they'd go through the full site plan process if the Council approves the rezoning. The whole process is U described in Section 90-432 as follows: �Ia8 i„ am ,, n Sec. 90-432. - Review and approval process for rezoning PUD -M and PUD -R zoning districts. a. The petition including the conceptual site plan, is reviewed by the building official/zoning administrator for completeness in accordance with section 70-334. When the petition is deemed complete, the formal substantive review process begins. b. The technical review committee (TRC) reviews the conceptual plan and forwards its report and recommendations to the planning board in accordance with section 70-102. c. The planning board reviews the petition for rezoning, including the conceptual site plan in accordance with section 70- 152(3). This review is conducted at a public hearing [per section 70-335(3)] and the planning board's recommendation is forwarded to the city council for consideration. d. The city council considers the petition for rezoning. If the rezoning is approved, the site plan review process is initiated. e. The applicant submits the final site plan, accompanied by the more detailed information and drawings required for this review. TRC reviews the final site plan and approves, approves with changes or conditions, or denies the petition for site plan approval. If there are additional aspects of the site plan requiring approval by another body, such as variances or requests for exception to the parking regulations, the site plan is forwarded to the board of adjustment and/or city council, as appropriate, for final disposition. 13em Stwutk, AICP, LEEP GA LaKue P[annmg 1 375 JAcLson _-�-)t #1206, Fort M.9ers, FL, 33901 239-33�-3366 _COM From: From: Autumn Sorrow <Autumn@alentitlements.com> Sent: Friday, June 21, 2019 1:53 PM To: Marcos Montes De Oca<mmontesdeoca@citvofokeechobee.com>; Ben Smith <ben@larueplanning.com> Cc: Patty Burnette<pburnette@cityofokeechobee.com> Subject: Okeechobee Project Good afternoon Marcos and Ben, I hope that you all are well and are ready for the weekend. I wanted to circle back with you to see if you all had the chance to review the requirements for how the City defines affordable housing. Patty Burnette From: Autumn Sorrow <Autumn@ajentitlements.com> Sent: Friday, June 21, 2019 1:53 PM To: Marcos Montes De Oca; ben@larueplanning.com Cc: Patty Burnette Subject: Okeechobee Project Good afternoon Marcos and Ben, I hope that you all are well and are ready for the weekend. I wanted to circle back with you to see if you all had the chance to review the requirements for how the City defines affordable housing. I also wanted to double check something with you as it relates to our pending submittals. As you will remember, it is our intent to apply for both the Comprehensive Plan andReza oniin requests on July 2nd with the site plan submittal to follow subsequently; probably in August. Our rezoning request will be to the PUD -R Zoning District. According to Section 90-429 a site plan is required along with the rezoning to the PUD -R district. Can we still submit the rezoning request in July or does the City prefer that we bring all three applications together once the site plan is completed? Thanks for looking into this for us! Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.ajentitlements.com A -J - - nn. ENTITLEMENTS & PLANNING A 6/21/2019 Okeechobee, FL Code of Ordinances DIVISION 14. - REGULATIONS APPLICABLE TO ALL PUD -M AND PUD -R DISTRICTS Sec. 90-428. - General development review standards. The following general standards shall be utilized in evaluating and establishing conditions for PUD -M and PUD -R zoning districts and in reviewing conceptual and final site plans: (1) Physical characteristics of the site. The property shall be suitable for development in the manner proposed without hazard to persons or property, on or off the site. Conditions of soil, groundwater level, drainage, and topography shall be appropriate to both type and pattern of use intended. (2) Compatibility and relationship to adjacent property. The approval process of development in PUD -M and 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 or land uses to the extent reasonably possible. This shall be determined by requiring the applicant/developer to provide documentation that the location, design, and final site plan, as reflected in the eventual PUD -M or PUD -R ordinance, will result in a development that is consistent with sound planning principles and complies with all applicable ordinances and land development regulations. The PUD -M and PUD -R zoning categories contemplate, contrary to traditional zoning categories, innovative design and land use, including a mix of uses, with amenities, recreation areas and common areas, and use of zero lot lines. Regardless, the approval process will address compatibility with neighboring zoning categories, including that the overall density, height and location of buildings and improvements, traffic flow, drainage and retention, and overall impact of a PUD -M or PUD -R project, should not materially affect the nature of land uses enjoyed on adjacent properties. Developments in PUD -M or PUD -R districts shall include additional screening, buffering, transitional uses or other design features, as necessary, to adequately protect existing or probable uses of surrounding property. Opaque durable fencing, masonry walls, or a vegetative screen that is continuous within one year after time of planting, shall be provided at the periphery of PUD -M and PUD -R districts to protect occupants from undesirable views, lighting, noise or other off-site influences, and to protect occupants of adjoining properties from similar adverse influences. This provision gives consideration to the site's advantages and limitations, 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. (3) Access and internal circulation. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled access and 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.g., 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. (4) Streets, drives, parking and service areas. Streets, drives, parking and service areas shall provide safe and convenient access to all buildings and general facilities. (5) Natural and historic features. Developments in a PUD -M or PUD -R district shall be designed to preserve natural features of the land and historic resources, 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 against the reasonably foreseeable detriments of the activity. (6) Density. Density shall not exceed maximums established in the comprehensive plan and shall be established after consideration of criteria in the comprehensive plan, neighborhood compatibility, and site design. (7) 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 be visible from any public area within or adjacent to the PUD -M or PUD -R district. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-429. - Petition requirements for rezoning to a PUD -M or PUD -R district. A petition 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 petition package shall include the following: 1/3 E t 6/21/2019 Okeechobee, FL Code of Ordinances (1) A professionally prepared conceptual site plan that conveys the general extent and character of the proposed development and that contains t 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; and 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. (3) Surveys, drawings or other information sufficient to indicate the general proposed plan for drainage including out -falls and a written summary of the proposed drainage plan. (4) A list and description of any areas or facilities proposed to be dedicated for public use. (S) A phasing plan if applicable, including a time frame for the completion of each phase and for the entire development. (6) An "as built" map of the site indicating the boundaries of the subject property and indicating all streets, buildings, water courses and other important features. (7) A description, and a map identifying the location, of all environmentally sensitive lands, wetlands, significant areas of native vegetation, and wildlife habitat. p (8) A preliminary traffic impact analysis and discussion of the availability or proposed construction of necessary transportation facilities by �C S proposed phase to verify that adequate capacity currently exists or will exist prior to issuance of any certificates of occupancy. Q 1 (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. (11) A list of required regional, state or federal permits or approvals. j(12) Documentation demonstrating that new growth associated with the project will occur in an area where public facilities exist, are planned within the city or county five-year capital improvements plan, or are committed to through a developer agreement, or otherwise assured to be funded by the appropriate agency. (13) A fiscal impact study of the proposed project demonstrating net fiscal benefit to the city (PUD -M only). (14) 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. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-430. - Other requirements and conditions. (a) All plans, maps, surveys, documents and the like required as part of the petition may be submitted in large format or in binders where appropriate for review and presentation purposes, but shall also be submitted in a reproducible format for distribution to review bodies unless a sufficient number of copies is provided. (b) 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 any completed phase or surrounding properties. (c) The city council may establish, in addition to concurrency requirements, reasonable periods of time for completing the project or phases thereof, including any dedicated public facilities that are part of the development. (d) If the review of construction plans, the review of a final traffic impact analysis or the process of obtaining required regional, state or federal permits results in a finding by the city that amendments to the planned development are necessary beyond those that may be approved administratively, including a failure to meet an established level of service, the development plan shall be resubmitted to the city for review and consideration of such amendments in the same manner in which the planned development was initially approved. (Ord. No. 989, § 1, 7-3-2007) 2/3 6/21/2019 Okeechobee, FL Code of Ordinances Sec. 90-431. -Status of an approved PUD -M or PUD -R development. When approved pursuant to the provisions of the land development regulations, 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 PUD -M or PUD -R district may occur only in conformity with the approved conceptual development plan unless amended as provided under section 90-433. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-432. - Review and approval process for rezoning PUD -M and PUD -R zoning districts. (a) The petition including the conceptual site plan, is reviewed by the building official/zoning administrator for completeness in accordance with section 70-334. When the petition is deemed complete, the formal substantive review process begins. (b) The technical review committee (TRC) reviews the conceptual plan and forwards its report and recommendations to the planning board in accordance with section 70-102. (c) The planning board reviews the petition for rezoning, including the conceptual site plan in accordance with section 70-152(3). This review is conducted at a public hearing [per section 70-335(3)] and the planning board's recommendation is forwarded to the city council for consideration. (d) The city council considers the petition for rezoning. If the rezoning is approved, the site plan review process is initiated. (e) The applicant submits the final site plan, accompanied by the more detailed information and drawings required for this review. TRC reviews the final site plan and approves, approves with changes or conditions, or denies the petition for site plan approval. If there are additional aspects of the site plan requiring approval by another body, such as variances or requests for exception to the parking regulations, the site plan is forwarded to the board of adjustment and/or city council, as appropriate, for final disposition. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-433. - Amending an approved planned development. A planned development approved as part of a rezoning to the PUD -M 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 TRC. 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) Any decrease in the total square footage, density or intensity in the approved development plan; (2) Internal realignment of rights-of-way, other than a relocation of access points to the planned development itself, where there is no net reduction in the size of conservation, preservation or required open space areas or easements; (3) Relocation of building envelopes where there is nor encroachment upon required conservation, preservation or required open space areas or easements and no reduction in the setbacks between buildings or from perimeter boundary lines; (4) Relocation of swimming pools, clubhouses, or other recreation or other common facilities when such relocation will have no net impact on adjacent properties or land uses, and do not encroach upon required conservation or preservation areas or required easements; and, (5) Relocation, reduction, or reconfiguration of lakes, ponds, or other water facilities subject to the submittal and approval of revised water management plans. (Ord. No. 989, § 1, 7-3-2007) 313 e � 6/21/2019 Okeechobee, FL Code of Ordinances DIVISION 13. - RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) DISTRICT Sec. 90-416. - 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 semipublic 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: (1) Encourage innovative creative designs; (2) Ensure enhanced open space and/or amenities and an improved living 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 construction and greater compatibility in design and use between neighboring 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 developments that minimize strain upon transportation facilities; and (7) Provide for safe and efficient internal and external vehicular and non -vehicular traffic circulation. (c) Location. A PUD -R district is permissible only on tracts within areas designated on the future land use map in the comprehensive plan as residential single family or residential multi -family. (d) Petition submittal requirements and other requirements and conditions for rezoning to the PUD -R zoning district, and amendments to an approved residential PUD, shall be governed by the provisions of sections 90-428 through 90-433. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-417. - Permitted uses. (a) Allowable uses in a PUD -R district located on lands designated residential single family on the future land use map include: (1) Detached single-family dwellings, zero lot line single-family dwellings. (2) Public facilities. (3) Accessory uses and structures that are customary and incidental to the primary residential use, including but not limited to clubhouses, common meeting areas, recreation areas or recreation structures that may be provided as an amenity by the developer or owners. (4) Limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development. (b) Allowable uses in a PUD -R district located on lands designated residential multi -family on the future land use map include: (1) Detached single-family dwellings, zero lot line single-family dwellings. (2) Two-family dwellings. (3) Multiple -family dwellings. (4) Adult family care or assisted living facilities. (5) Public facilities. (6) Accessory uses and structures that are customary and incidental to the primary residential use, including but not limited to clubhouses, common meeting areas, recreation areas or recreation structures that may be provided as an amenity by the developer or owners. (7) Limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development. (Ord. No. 989, § 1, 7-3-2007; Ord. No. 1108, § 6, 3-18-2014) Sec. 90-418. - Dimensional standards. 1/3 6/21/2019 Okeechobee, FL Code of Ordinances The dimensional standards for the PUD -R zoning district shall be as follows: (1) Minimum parcel size: Five contiguous acres under single ownership with a minimum frontage of 100 feet on a public street. Properties will be 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 -R zoning district shall be as follows: Land Use Designation Housing Component II Maximum Gross E Density *1 Conventional Housing Affordable Housing Single Single 4 d.u. per acre 5 d.u. per acre family family Multi- All housing types 10 d.u. per acre 11 d.u. per acre family *1 Gross acreage in PUD (excluding public streets and rights-of-way existing prior to rezoning to the PUD -R district) divided by the total number of dwelling units. (3) Maximum height. Allowable height in developments in a PUD -R district shall be determined after review of surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed. No building, structure, or part thereof shall exceed a total height of 45 feet, except as approved by special exception. (4) Maximum building dimension. The maximum dimension of any structure or group of attached structures shall not exceed 160 feet for any one building face. (5) Minimum perimeter setback. No building or structure shall be located closer than 20 feet to any perimeter boundary of the PUD -R district. (6) Minimum separation between buildings. Buildings shall be separated from each other by a distance equal to not less than 12 feet. (7) Maximum lot coverage and impervious surface coverage. Maximum allowable lot coverage is 40 percent and the aggregate of lot coverage and impervious surface area is 60 percent of the gross land area of the PUD -R district. (8) Open space requirement. A minimum of 40 percent 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 minimum dimensions are met: a. Buffers and landscaped areas in off-street parking areas; b. Dry detention areas and existing or proposed bodies of water, including wet stormwater management areas, may count up to a maximum of 50 percent 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 other similar areas count as open space as long as a not more than 20 percent of the recreational or public area counted as open space consists of impervious surface; d. Areas must have a minimum dimension of at least ten feet (length and width) and comprise an area of not less than 200 square feet to count towards meeting the minimum open space requirement. (9) Improved recreation areas required. Except as set forth in subsection (b), multi -family areas of five acres or more or multi -family developments containing 50 or more dwelling units; or, single-family, zero lot line single-family, or two-family developments containing 50 or 2/3 J . 6/21/2019 Okeechobee, FL Code of Ordinances more dwelling units and built on lots smaller than 6,250 square feet (12,500 square feet for duplexes) or developed at a density greater than five units per gross acre, shall provide an improved recreation/play area or areas that meet(s) the following standards: 1. Said recreation area shall have at least 15 square feet of land area for each dwelling unit with two or more bedrooms; 2. The minimum size for said recreation area shall be 750 square feet and the improved recreation area shall be located away from streets, lakes or canals or shall be fenced; and 3. The improved recreation area shall be constructed in accordance with the U.S. Consumer Products Safety Commission guidelines. b. This requirement shall not apply to developments, or portions thereof, that are restricted by deed, notation on the face of the plat, or other recorded instrument which, in the opinion of the city attorney, limits occupancy within the development, or portion thereof, to adults. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-419. - Additional regulations. Additional regulations which shall apply to all uses in the PUD -R district include, but are not limited to: (1) Conditions, requirements, and standards contained in sections 90-428 through 90-433. (2) Utilities shall be placed underground in accordance with section 78-72. (3) All development shall be connected to central water and sewer. (4) Concurrency regulations. (5) Parking and loading regulations. (6) Landscaping regulations. (7) Sign regulations. (8) Accessory use regulations. (9) Supplementary use regulations. (10) Environmental and stormwater regulations. (11) Utilities regulations. (Ord. No. 989, § 1, 7-3-2007) Secs. 90-420-90-427. - Reserved. 3/3 Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Tuesday, June 18, 2019 4:55 PM To: Marcos Montes De Oca; Patty Burnette Subject: Affordable Housing Just wanted to follow up regarding the affordable housing issue. The Okeechobee Comprehensive Plan contemplates bonuses for affordable housing in multifamily as follows: Future Land Use Policy 2.1 Multi -family Residential. Permitted uses include all uses listed as permissible in the Single -Family Residential future land use category plus apartments, duplexes, condominiums, and public facilities, limited agriculture and accessory uses customary to permissible uses. 1. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for multi -family development shall be 11 units per acre. Housing Policy 1.6: The City shall enforce provisions in its land development regulations allowing the following density bonus for residential developments in providing units which qualify as affordable housing: 10% of total units +1 unit/acre The Okeechobee Code contemplates bonuses for affordable housing in multifamily as follows: Sec. 66-1. - Definitions. Affordable housing means housing costs that, on a monthly basis, require rent or mortgage payments of no more than 30 percent of the monthly gross income of a lower income family. Lower income family means a family or household whose annual income does not exceed 80 percent of that of a median family or household income for the city, adjusted for household size. Sec. 70-311. - Exceptions to fees and charges schedule. (b) Affordable housing development. The city council may reduce or eliminate fees and charges for affordable housing developments initiated by government agencies, and nonprofit or limited profit organizations. Sec. 90-76. - Maximum affordable housing dwelling unit densities. Residential developments which qualify as affordable housing are allowed a density bonus. Where at least ten percent of total housing units in a development qualify as affordable housing, the density of the site devoted to such housing may be increased by one dwelling unit per acre as follows: The US Census Bureau's American Community Survey 5 -year estimates are a good source for median income figures. The 2013-2017 data set is currently the latest available. It's showing median household income for the City of Affordable Housing j Residential Zoning District Code Density du/ac Comprehensive Plan Category (1) Residential single-family one RSP 1T— 5 Single-family residential (2) Residential single-family two RSF 2 7 Multifamily residential (3) Residential multiple -family RMF 10 Multifamily residential The US Census Bureau's American Community Survey 5 -year estimates are a good source for median income figures. The 2013-2017 data set is currently the latest available. It's showing median household income for the City of Okeechobee at $38,810 and median family income at $49,453. Since the definition of lower income family allows either the median family or median household income to be used, it sounds like we have some discretion on which figure to use. We can also check to see if there are other sources for these estimates which the City prefers to use. According to the above, they would need to devote at least 10% of the total number of units to affordable housing. Then, the areas of the site devoted to affordable housing are permitted to be developed at 11 du/acre, instead of the standard 10 du/acre. Then fi we use the Census Bureau estimates, those affordable units must be offered at either $776 per month (or less) or $989 per month (or less), depending on whether we use the family median income or household median income. A couple things we may want to consider: • 1 dwelling unit per acre is not a huge incentive and the City could consider raising this. • 1 didn't see anything in the Okeechobee Code about it, but in other jurisdictions, I've seen that they require the affordable housing units remain in the affordable price range for a certain number of years or the developer faces some type of financial penalty. Proceeds of penalties can then be used by the City to assist with future provision of affordable housing. We could require this as a condition of site plan approval. 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Y 'W142.fi5(FI1l2.sIP1 No.i221 15.00' !a.Wi ltb'w 14.1'QTCPI attue A6m, �._—__—___.-�.---�..� --:R�:I---- ------------------------------- (D.P) ________________________________________________________________PAVE'KNT------------ N.E.11TH STREET 3 SEVENTEENTH STREETIPI b _________________________________________________ -RBF Of 1A [a IAS i 5 i wco �% "m RERECENN. I a f ........................... e o a of j e _ ! Cq V 0- y •��ppLL,, -.._. .. ..... ...... .... ...... ...... ._..... SHELL fiWr( ! U ?L -CALL-"HOURS BEFORE YOU DIG IN FLORIDA C! p J 1-800-432 4770 roe )to:2005.252 i ENFFT rrsTxcum WNarW[RATLOX[�•• Patty Burnette From: Marcos Montes De Oca Sent: Friday, June 28, 2019 5:41 PM To: Patty Burnette Subject: Re: Okeechobee Project Yes& did respond back to her. Was a modification of bens email to her. Sent from my iPhone On Jun 28, 2019, at 2:11 PM, Patty Burnette<pbumettena,cityofokeechobee.com> wrote: Marcos just wanting to check to see if you had responded back to Autumn on the affordable housing and also we had spoken on Monday about the actual procedure they would need to follow for submittal as it was different than we had discussed with her. I believe you spoke with Steve Dobbs but I didn't know if you had reviewed the affordable housing information with him to. I hadn't seen an email from you back to Autumn so I wanted to make sure she wasn't still waiting on a response. Thank you <image003.png> Pa-fy M. raw o_e t (j. eneral Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue 0(eecrto6ee, 'FL 34974 Te6 863-763-3372 Direct: 863-763-9820 `Fax: 863-763-1686 e-maiC j26urnette@coofo(eechobee.com website: -www.cityofokeechiobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 i From: Autumn Sorrow[mailto:Autumn(abajentitlements.com] Sent: Friday, June 21, 2019 1:53 PM To: Marcos Montes De Oca; ben(a)larueplanning.com Cc: Patty Burnette Subject: Okeechobee Project Good afternoon Marcos and Ben, S I hope that you all are well and are ready for the weekend. I wanted to circle back with you to see if you all had the chance to review the requirements for how the City defines affordable housing. I also wanted to double check something with you as it relates to our pending submittals. As you will remember, it is our intent to apply for both the Comprehensive Plan and Rezoning requests on July 2nd with the site plan submittal to follow subsequently; probably in August. Our rezoning request will be to the PUD -R Zoning District. According to Section 90-429 a site plan is required along with the rezoning to the PUD -R district. Can we still submit the rezoning request in July or does the City prefer that we bring all three applications together once the site plan is completed? Thanks for looking into this for us! Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.aientitlements.com <image005.png> 2/14/2019 Okeechobee, FL Code of Ordinances DIVISION 13. - RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) DISTRICT Sec. 90-416. - 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 semipublic 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: (1) Encourage innovative creative designs; (2) Ensure enhanced open space and/or amenities and an improved living 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 construction and greater compatibility in design and use between neighboring 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 developments that minimize strain upon transportation facilities; and (7) Provide for safe and efficient internal and external vehicular and non -vehicular traffic circulation. (c) Location. A PUD -R district is permissible only on tracts within areas designated on the future land use map in the comprehensive plan as residential single family or residential multi- family. (d) Petition submittal requirements and other requirements and conditions for rezoning to the PUD -R zoning district, and amendments to an approved residential PUD, shall be governed by the provisions of sections 90-428 through 90-433. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-417. - Permitted uses. (a) Allowable uses in a PUD -R district located on lands designated residential single family on the future land use map include: (1) Detached single-family dwellings, zero lot line single-family dwellings. (2) Public facilities. (3) Accessory uses and structures that are customary and incidental to the primary residential use, including but not limited to clubhouses, common meeting areas, recreation areas or recreation structures that may be provided as an amenity by the 1/5 2/14/2019 Okeechobee. FL Code of Ordinances Sec. 90-418. - Dimensional standards. The dimensional standards for the PUD -R zoning district shall be as follows: (1) Minimum parcel size: Five contiguous acres under single ownership with a minimum frontage of 100 feet on a public street. Properties will be 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 -R zoning district shall be as follows: Land Use ! - .. Maximum Gross developer or owners. (4) Limited agriculture shall be permissible as an interim use until such time as urban Conventional development is undertaken in accordance with an approved planned development. (b) Allowable uses in a PUD -R district located on lands designated residential multi -family on the future land use map include: (1) Detached single-family dwellings, zero lot line single-family dwellings. (2) Two-family dwellings. (3) Multiple -family dwellings. (4) Adult family care or assisted living facilities. (5) Public facilities. (6) Accessory uses and structures that are customary and incidental to the primary residential use, including but not limited to clubhouses, common meeting areas, recreation areas or recreation structures that may be provided as an amenity by the developer or owners. (7) Limited agriculture shall be permissible as an interim use until such time as urban development is undertaken in accordance with an approved planned development. (Ord. No. 989, § 1, 7-3-2007; Ord. No. 1108, § 6, 3-18-2014) Sec. 90-418. - Dimensional standards. The dimensional standards for the PUD -R zoning district shall be as follows: (1) Minimum parcel size: Five contiguous acres under single ownership with a minimum frontage of 100 feet on a public street. Properties will be 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 -R zoning district shall be as follows: Land Use Housing Component Maximum Gross Designation Density *1 Conventional Affordable Housing Housing Single Single 4 d.u. per acre 5 d.u. per acre family family 2/5 2/14/2019 Okeechobee, FL Code of Ordinances Multi- All housing types 10 d.u. per acre 11 d.u. per acre family *1 Gross acreage in PUD (excluding public streets and rights-of-way existing prior to rezoning to the PUD -R district) divided by the total number of dwelling units. (3) Maximum height. Allowable height in developments in a PUD -R district shall be determined after review of surrounding land uses to ensure that the proposed development will not create any external impacts that would adversely affect surrounding development, existing or proposed. No building, structure, or part thereof shall exceed a total height of 45 feet, except as approved by special exception. (4) Maximum building dimension. The maximum dimension of any structure or group of attached structures shall not exceed 160 feet for any one building face. (5) Minimum perimeter setback. No building or structure shall be located closer than 20 feet to any perimeter boundary of the PUD -R district. (6) Minimum separation between buildings. Buildings shall be separated from each other by a distance equal to not less than 12 feet. (7) Maximum lot coverage and impervious surface coverage. Maximum allowable lot coverage is 40 percent and the aggregate of lot coverage and impervious surface area is 60 percent of the gross land area of the PUD -R district. (8) Open space requirement. A minimum of 40 percent 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 minimum dimensions are met: a. Buffers and landscaped areas in off-street parking areas; b. Dry detention areas and existing or proposed bodies of water, including wet stormwater management areas, may count up to a maximum of 50 percent 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 other similar areas count as open space as long as a not more than 20 percent of the recreational or public area counted as open space consists of impervious surface; d. Areas must have a minimum dimension of at least ten feet (length and width) and comprise an area of not less than 200 square feet to count towards meeting the minimum open space requirement. 3/5 2/14/2019 Okeechobee, FL Code of Ordinances (9) Improved recreation areas required. a. Except as set forth in subsection (b), multi -family areas of five acres or more or multi -family developments containing 50 or more dwelling units; or, single-family, zero lot line single-family, or two-family developments containing 50 or more dwelling units and built on lots smaller than 6,250 square feet (12,500 square feet for duplexes) or developed at a density greater than five units per gross acre, shall provide an improved recreation/play area or areas that meet(s) the following standards: 1. Said recreation area shall have at least 15 square feet of land area for each dwelling unit with two or more bedrooms; 2. The minimum size for said recreation area shall be 750 square feet and the improved recreation area shall be located away from streets, lakes or canals or shall be fenced; and 3. The improved recreation area shall be constructed in accordance with the U.S. Consumer Products Safety Commission guidelines. b. This requirement shall not apply to developments, or portions thereof, that are restricted by deed, notation on the face of the plat, or other recorded instrument which, in the opinion of the city attorney, limits occupancy within the development, or portion thereof, to adults. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-419. - Additional regulations. Additional regulations which shall apply to all uses in the PUD -R district include, but are not limited to: (1) Conditions, requirements, and standards contained in sections 90-428 through 90-433. (2) Utilities shall be placed underground in accordance with section 78-72. (3) All development shall be connected to central water and sewer. (4) Concurrency regulations. (5) Parking and loading regulations. (6) Landscaping regulations. (7) Sign regulations. (8) Accessory use regulations. (9) Supplementary use regulations. (10) Environmental and stormwater regulations. (11) Utilities regulations. 4/5 2/14/2019 Okeechobee, FL Code of Ordinances DIVISION 14. - REGULATIONS APPLICABLE TO ALL PUD -M AND PUD -R DISTRICTS Sec. 90-428. - General development review standards. The following general standards shall be utilized in evaluating and establishing conditions for PUD -M and PUD -R zoning districts and in reviewing conceptual and final site plans: (1) Physical characteristics of the site. The property shall be suitable for development in the manner proposed without hazard to persons or property, on or off the site. Conditions of soil, groundwater level, drainage, and topography shall be appropriate to both type and pattern of use intended. (2) Compatibilityand relationship to adjacent property. The approval process of development in PUD -M and 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 or land uses to the extent reasonably possible. This shall be determined by requiring the applicant/developer to provide documentation that the location, design, and final site plan, as reflected in the eventual PUD -M or PUD -R ordinance, will result in a development that is consistent with sound planning principles and complies with all applicable ordinances and land development regulations. The PUD -M and PUD -R zoning categories contemplate, contrary to traditional zoning categories, innovative design and land use, including a mix of uses, with amenities, recreation areas and common areas, and use of zero lot lines. Regardless, the approval process will address compatibility with neighboring zoning categories, including that the overall density, height and location of buildings and improvements, traffic flow, drainage and retention, and overall impact of a PUD -M or PUD -R project, should not materially affect the nature of land uses enjoyed on adjacent properties. Developments in PUD -M or PUD -R districts shall include additional screening, buffering, transitional uses or other design features, as necessary, to adequately protect existing or probable uses of surrounding property. Opaque durable fencing, masonry walls, or a vegetative screen that is continuous within one year after time of planting, shall be provided at the periphery of PUD -M and PUD -R districts to protect occupants from undesirable views, lighting, noise or other off-site influences, and to protect occupants of adjoining properties from similar adverse influences. This provision gives consideration to the site's advantages and limitations, 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. (3) Access and internal circulation. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled access and 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.g., 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. 1/5 2/14/2019 Okeechobee, FL Code of Ordinances r (4) Streets, drives, parking and service areas. Streets, drives, parking and service areas shall provide safe and cc to all buildings and general facilities. (5) Natural and historic features. Developments in a PUD -M or PUD -R district shall be designed to preserve natural features of the land and historic resources, 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 against the reasonably foreseeable detriments of the activity. (6) Density. Density shall not exceed maximums established in the comprehensive plan and shall be established after consideration of criteriF in. the comprehensive plan, neighborhood compatibility, and site design. (7) 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 be visible from any public area within or adjacent to the PUD -M or PUD -R district. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-429. - Petition requirements for rezoning to a PUD -M or PUD -R district. A petition 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 petition 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; and 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. (3) Surveys, drawings or other information sufficient to indicate the general proposed plan for drainage including out -falls and a written summary of the proposed drainage plan. (4) A list and description of any areas or facilities proposed to be dedicated for public use. 2/5 2/14/2019 Okeechobee, FL Code of Ordinances (5) A phasing plan if applicable, including a time frame for the completion of each phase and for the entire dev, (6) An "as built" map of the site indicating the boundaries of the subject property and indicating all streets, buildings, water courses and other important features. (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 availability or proposed construction of necessary transportation facilities by proposed phase to verify that adequate capacity currently exists or will exist prior to issuance of any certificates of occupancy. (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. (11) A list of required regional, state or federal permits or approvals. (12) Documentation demonstrating that new growth associated with the project will occur in an area where public facilities exist, are planned within the city or county five-year capital improvements plan, or are committed to through a developer agreement, or otherwise assured to be funded by the appropriate agency. (13) A fiscal impact study of the proposed project demonstrating net fiscal benefit to the city (PUD -M only). (14) 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. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-430. - Other requirements and conditions. (a) All plans, maps, surveys, documents and the like required as part of the petition may be submitted in large format or in binders where appropriate for review and presentation purposes, but shall also be submitted in a reproducible format for distribution to review bodies unless a sufficient number of copies is provided. (b) 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 any completed phase or surrounding properties. (c) The city council may establish, in addition to concurrency requirements, reasonable periods of time for completing the project or phases thereof, including any dedicated public facilities that are part of the development. (d) If the review of construction plans, the review of a final traffic impact analysis or the process of obtaining required regional, state or federal permits results in a finding by the city that amendments to the planned development are necessary beyond those that may be approved administratively, including a failure to meet an established level of service, the development plan shall be resubmitted to the city for review and consideration of such amendments in the same manner in which the planned development was initially approved. (Ord. No. 989, § 1, 7-3-2007) 3/5 2/14/2019 Okeechobee, FL Code of Ordinances F Sec. 90-431. - Status of an approved PUD -M or PUD -R development. When approved pursuant to the provisions of the land development regulations, 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 PUD -M or PUD -R district may occur only in conformity with the approved conceptual development plan unless amended as provided under section 90-433. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-432. - Review and approval process for rezoning PUD -M and PUD -R zoning districts. (a) The petition including the conceptual site plan, is reviewed by the building official/zoning administrator for completeness in accordance with section 70-334. When the petition is deemed complete, the formal substantive review process begins. (b) The technical review committee (TRC) reviews the conceptual plan and forwards its report and recommendations to the planning board in accordance with section 70-102. (c) The planning board reviews the petition for rezoning, including the conceptual site plan in accordance with section 70-152(3). This review is conducted at a public hearing [per section 70-335(3)] and the planning board's recommendation is forwarded to the city council for consideration. (d) The city council considers the petition for rezoning. If the rezoning is approved, the site plan review process is initiated. (e) The applicant submits the final site plan, accompanied by the more detailed information and drawings required for this review. TRC reviews the final site plan and approves, approves with changes or conditions, or denies the petition for site plan approval. If there are additional aspects of the site plan requiring approval by another body, such as variances or requests for exception to the parking regulations, the site plan is forwarded to the board of adjustment and/or city council, as appropriate, for final disposition. (Ord. No. 989, § 1, 7-3-2007) Sec. 90-433. - Amending an approved planned development. A planned development approved as part of a rezoning to the PUD -M 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 TRC. 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) Any decrease in the total square footage, density or intensity in the approved development plan; (2) Internal realignment of rights-of-way, other than a relocation of access points to the planned development itself, where there is no net reduction in the size of conservation, preservation or required open space areas or easements; (3) Relocation of building envelopes where there is nor encroachment upon required conservation, preservation or required open space areas or easements and no reduction in the setbacks between buildings or from perimeter boundary lines; (4) Relocation of swimming pools, clubhouses, or other recreation or other common facilities when such relocation will have no net impact on adjacent properties or land uses, and do not encroach upon required conservation or preservation areas or required easements; and, 4/5 2/14/2019 Okeechobee, FL Code of Ordinances r - i (5) Relocation, reduction, or reconfiguration of lakes, ponds, or other water facilities subject to the submittal and approval of revised water management plans. (Ord. No. 989, § 1, 7-3-2007) 5/5 Patty Burnette From: David Mohney <dm.twps@yahoo.com> Sent: Friday, March 29, 2019 2:11 PM To: Patty Burnette Subject: Altobello Address Good afternoon, I'm working on a project (pid 2-21-37-35-Oa00-00006-d000 & 2-21-37-35-Oa00- 00006-000) and am in need of a address. I spoke with the county about getting a address for these parcels and they asked ti -;at I get in touch with you to send them a request, I'm not sure if it vvi!l have one address or two, :SPOKecO P") pre pavlIni I Sit_vVe� thanks I vvv4-a-1f David Mohney Tradewinds Surveying Services, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Email: dm.twps@yahoo.com Tel: 863-763-2887 Fax: 863-763-4342 1 PcPPd ado res oaq n6*e 0!J Su/Vet i (D('Pd�r f� 4�'d Ca -1 cLbo f veocat)-'P 4 �r�.en � c„ e ue n K"to P A Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Friday, May 24, 2019 12:17 PM To: gboggs@gbplans.com a���YL Cc: Patty Burnette; Robin Brock; Marcos Montes De Oca Subject: Meeting to discuss Multi -family project G regg, I'll be in Okeechobee on June 20th for a 10am Planning Board meeting and a 6:30pm Planning Board meeting. If you have --°-m—ine availability between those mee`ings, that wool work out % yell. Then cul. e ua� l< in Okeechobee on July 9th for ^, 3:30 strategic planning workshop. I could come early to meet with you on that day as well. Let me know if you have any availability either of those days and would like to set something up. Thanks, 6e,K Smith, AICP, LEEP GA LaRue pf anni.ng 1 377 JaC6,01, `3t #206, fort M)ers, FL_ 5590 1 239-35+-3366 ben@larue��annin�.com Patty Burnette From: Robin Brock Sent: Friday, May 24, 2019 11:39 AM To: Ben Smith Cc: Patty Burnette; Marcos Montes De Oca Subject: RE: Okeechobee project - rezoning and LUP amendment Hi Ben, There will not be anything on the agenda for the JUne 13th ooumA meeting that will require your attendance as far .as i know. However, there will be a Strategic PlannnE Workshop on July 9'h at 3:36 pm that ;Marucos wouid Re for you to attend, if possible. Thank you. Have a great weekend! Robin Executive Assistant City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863)763-3372 (863)763-9812 (direct) FAX: (863)763-1686 Email: rbrock@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Ben Smith [mailto:ben@Iarueplanning.com] Sent: Thursday, May 23, 2019 10:38 AM To: Robin Brock Cc: Patty Burnette; Marcos Montes De Oca Subject: RE: Okeechobee project - rezoning and LUP amendment Good morning Robin, Do you anticipate that I'll be needed for the June 18th Council meeting? Thanks, Ben Swutk, AICD, LEED GA LaRue P f.,a_CICtIng 1 575 jacLson ;#206; -ort M )ers, r L 5590 I 239-35+-5566 hen@larue�ianninc.corn From: Patty Burnette<eburrnetteCq')cityofo9�eechobee.com> Sent: Thursday, May 23, 2019 10:31 AM To: Ben Smith <ben@larueolanning.com> Subject: RE: Okeechobee project - rezoning and LUP amendment Thank you for the update. The Council voted Tuesday evening to cancel the June 4th and the July 2nd City Council Meetings. Therefore, the first one in June will be June 18th. We do not have anything from the Planning Board that will be going to this meeting but I do not know if you are needed for any other reason. You may just want to verify with Marcos (Robin) to see if there is anything that he will be placing on that Agenda that he will need you for. Paf-y M. 113LA+ ro_e� GeneraCServices Coordinato7- City of Okeechobee SS Southeast 34 venue Okeechobee, TL 34974 T"eC 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-maiC: V6urnette9cityofo&chobee.com website: www.cituofokeecho6ce.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Ben Smith [mailto:ben@larueplannin_q com] Sent: Thursday, May 23, 2019 10:24 AM To: Patty Burnette Subject: RE: Okeechobee project - rezoning and LUP amendment Good morning Patty, I spoke with him yesterday and he did not mention PUD. He said they were considering a future land use map amendment and a request to rezone to RMF in order to develop at 10 dwelling units per acre. He wants to meet and discuss the project at some point in the future. I told him I'd let him know ahead of time what days I'll be in Okeechobee for meetings. I'll include you and Marcos on the email so that we can all be involved. To that end, I know I'll be coming for the June 20th P&Z meeting. Will I be needed for the June 4th or June 18th Council meetings? Thanks, Oevt SkKith, AICP, LEEP GA LaRue pl„anni.ng 1 375 jaAson _'it X206, Fort Myers, rL- 33901 239-33`+'-3366 ken@1aruer1a13ning.com From: Patty Burnette<pburnette@cityofokeechobee.com> Sent: Thursday, May 23, 2019 9:59 AM To: Ben Smith <ben@larueplanning.com> Subject: RE: Okeechobee project - rezoning and LUP amendment Good Morning Ben. Wanted to just follow up on this project and see what other information you may have found out from speaking with this gentleman. Originally when Marcos and I met with one of the planners they were speaking of rezoning to possibly a PUD? The zoning is currently Holding with a FLU of SF. Thank you. Pafty M. 6twKx tte, GeneraCSmices Coordinator City of Okeecho6ee SS Southeast 3rd Avenue Okeecho6ee, EL 34974 T`eh 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail: pburnette@coofokeechobee.com website: -www.ckyo{okeechobee.com J^ NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Ben Smith [mailto:ben@larueplanning.corn] Sent: Tuesday, May 21, 2019 3:21 PM To: Patty Burnette Subject: FW: Okeechobee project - rezoning and LUP amendment Hey, just looking at your email regarding subdividing and platting. Is it the same property this guy is asking about? Ben Smitk, AICP, LEEP GA LaKuel planning 1 V5 Jackson 5t#206, tort M/ gcrs, n. 33901 239-334-3366 6enC-larueplanninS.com From: gboggs@gbplans.com <gboggs@gbplans.com> Sent: Tuesday, May 21, 2019 12:09 PM To: Ben Smith <ben@larueplanning.com> Subject: Okeechobee project - rezoning and LUP amendment Hello Ben, I got your info from Steve Dobbs PE in Okeechobee to make initial contact on a residential project I am assisting him and the client on. My office is in downtown Fort Pierce and I am a landscape architect with a small LA and Planning practice. See the attached pdf for the location, it's a 19.01 acre site currently zoned and land used as Single Family --the mission requested is to amend both zoning and land use to multi -family to allow a 10du/ac multi -family project. I have begun conceptual site plan schematics for the project and will be meeting with Steve Dobbs tomorrow to go over the planning and all application requirements. The goal is to file concurrent rezoning, land use amendment, and site plan so the project is banded together in the review and approval process. In looking at the schedule, I would be looking at submitting on or before the July 2nd submittal deadline. I would like to talk with you on this to get your advice and opinions. Also, the application speaks to compliance with the Regional Policy Plan and the State Policy Plan I will need clarification and input on. Let me know a good time(s) and I will call to discuss further. Thanks Greg Boggs ASLA Boggs Planning + Landscape Architecture Patty Burnette From: Ben Smith <ben@larueplanning.com> Sent: Tuesday, May 21, 2019 3:21 PM To: Patty Burnette Subject: FW: Okeechobee project - rezoning and LUP amendment Attachments: locationzoningmap.pdf Hey, just looking at your email regarding subdividing and platting. Is it the same property this guy is asking about? Oep. Swutk, AICP, LEEP GA LaKUC Wanni-hg 1 375 JacL-,on f7t #2o6, f=ort Myers, rL- 3390 239-33+-3366 ben@lanief�lanning.com From: gboggs@gbplans.com <gboggs@gbplans.com> Sent: Tuesday, May 21, 2019 12:09 PM To: Ben Smith <ben@larueplanning.com> Subject: Okeechobee project - rezoning and LUP amendment Hello Ben, I got your info from Steve Dobbs PE in Okeechobee to make initial contact on a residential project I am assisting him and the client on. My office is in downtown Fort Pierce and I am a landscape architect with a small LA and Planning practice. See the attached pdf for the location, it's a 19.01 acre site currently zoned and land used as Single Family --the mission requested is to amend both zoning and land use to multi -family to allow a 10du/ac multi -family project. I have begun conceptual site plan schematics for the project and will be meeting with Steve Dobbs tomorrow to go over the planning and all application requirements. The goal is to file concurrent rezoning, land use amendment, and site plan so the project is banded together in the review and approval process. In looking at the schedule, I would be looking at submitting on or before the July 2nd submittal deadline. I would like to talk with you on this to get your advice and opinions. Also, the application speaks to compliance with the Regional Policy Plan and the State Policy Plan I will need clarification and input on. Let me know a good time(s) and I will call to discuss further. Thanks Greg Boggs ASLA Boggs Planning + Landscape Architecture 772.577.6473 cell 486.5228 Patty Burnette From: Autumn Sorrow <Autumn@ajentitlements.com> Sent: Thursday, February 28, 2019 4:14 PM To: Marcos Montes De Oca Cc: Patty Burnette; Steven L. Dobbs, P. E. Subject: Re: New residential project -Okeechobee Thank you very much! This explanation does help clarify things and we really do appreciate the City's willingness to expedite our project. Have a great rest of the evening. Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561) 284-2472 www.ajentitlements.com t 1 s� ENTITLEMENTS & PLANNING On Feb 28, 2019, at 3:37 PM, Marcos Montes De Oca<mmontesdeocakcityofokeechobee.com> wrote: Autumn, I would say we could allow the pre application and construction plan preparations to be concurrently presented to the TRC. Then each item before the TRC presented can make appropriate recommendations to council for platting. The overall TRC details to support the project would be valuable for council to have for approval of the Preliminary and Final Plat. TRC and Final plat preparation can also be done concurrently with Final Plat to be submitted and approved after Final TRC Plans are accepted and approved. Then final platting approval by the City Council with the assurances from TRC of the site. Obliviously contingencies would be in place for each step. Hope this sheds a little light on to how we can expedite the project timeline. Thank you and we look forward to working with you on this exciting project. Marcos Marcos Montes De Oca, P.E. City Administrator City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 (863) 763-3372 ext: 212 Cell: (863) 801-0177 fax: (863) 763-1686 E -Mail: mmontesdeoca@citvofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing." From: Autumn Sorrow[mailto:Autumn(5)aientitlements.com] Sent: Wednesday, February 27, 2019 3:11 PM To: Patty Burnette Cc: Marcos Montes De Oca Subject: Re: New residential project -Okeechobee Thanks Patty, We have researched the code for the platting requirements and it all seems pretty straight forward. What I was hoping that you all could provide more information on is the platting procedure. I didn't see anything in the code that outlines the timing for submitting the plat. As you know the units will not be fee simple and the property will be owned by one common owner. As such, we will accomplish the plat through a boundary survey with any applicable access and UE easements denoted. Can we submit the plat concurrently with the other applications or do we have to wait until the Comp Plan, Rezoning, and Site Plan applications are approved first? Some municipalities require the plat to be recorded before they will approve the site plan; does Okeechobee require the preliminary plat to be approved before the site plan? Sorry for all the questions, but I am trying to wrap up our final due diligence research and I need to include how the plat may affect our timeline. Thanks! Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.ajentitlements.com Aj ENTITLEMENTS & PLANNING On Feb 27, 2019, at 11:56 AM, Patty Burnette <pburnette a,cityofokeechobee.com> wrote: Good Morning Autumn. Thank you for your patience in awaiting our response regarding the platting requirements. I am going to refer you to Section 86 of our Land Development Regulations and it explains everything in there. If you go to our website, cityofokeechobee.com you will see some tabs on the home page. Choose the one that says Code of Ordinances & LDR's. Then choose Part II -Code of Ordinances then Chapter 86 - Subdivisions. Sections 86-42, 86-43, 86-44, 86-71, and 86-72 will probably be the most help to you. Please let us know if you have questions after looking this information over. Thank you, Patty Pa4ty M. 6t' Mzf & generaC Services Coordinator City of Okeec6o6ee SS Southeast 3rd Avenue Okeechio6ee, L 34974 T'e6 863-763-3372 Direct: 863-763-9820 Fax: 863-763-1686 e-mail: b6urnette@cittijofokeec6obee.com website: www.ciniofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Autumn Sorrow[mailto:Autumn@aientitlements.com] Sent: Tuesday, February 26, 2019 8:57 AM To: Patty Burnette Subject: Re: New residential project -Okeechobee Good morning Patty, I hope that you had a nice weekend. Just circling back to see if you have found anything on the platting requirements. Please let me know. Thanks! Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.ajentitlements.com A4ENTITLEMENTS & PLANNING On Feb 19, 2019, at 9:34 AM, Patty Burnette<pburnette@cityofokeechobee.com> wrote: Good Morning Autumn. Let me look into this and get back with you. Thank you, Patty Patty M. 6u.,rc t4, & Cj, eneraCServices Coor&inator City of Okeechobee 4 n 55 Southeast 3rd gl venue Okeechobee, T1 34974 T'eC* 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-maid-pburnette@cittijofokeechobee.com website: www.cittjoEokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Autumn Sorrow[mailto:Autumn(a)aientitlements.com] Sent: Tuesday, February 19, 2019 9:31 AM To: Patty Burnette Subject: Re: New residential project -Okeechobee Hi Patty, I hope that you had a nice weekend. I wanted to circle back with you all to see what you all found out about the platting requirements. My notes indicate that Marcos was going to look into this on our behalf and get back to us. We need to account for how platting may impact our overall timeline. As a reminder, the units will not be fee simple so if we have to plat, we are hoping we can do a boundary plat. Can you please let me know when you get the chance? Thanks. Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.ajentitlements.com AJ ENTITLEMENTS & PLANNING On Feb 1.4, 2019, at 3:30 PM, Patty Burnette<pburnette@cityofokeechobee.com> wrote: Hi Autumn, Attached is a list of the dates for Site Plan Review and the Planning Board. Should you have any questions, please just let me know. It was a pleasure speaking with you this afternoon and we are very excited about the proposed project and look forward to hearing back from you very soon. Patty Pa4ty M. 6twKt4t& GeneraCServices Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, El 34974 `IJeC 863-763-3372 Direct. 863-763-9820 'Fax: 863-763-1686 e-mail.• -pburnette@cit-uo{okeechobee.com website: www.ckyofokeechobee.com I NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. -*k� �3cbLA Pattv Burnette From: Autumn Sorrow <Autumn@ajentitlements.com>rev iC�' Il Sent: Tuesday, February 05, 2019 1:12 PM r' / To: Patty Burnette; Jackie Dunham Subject: New residential project in Okeechobee Good afternoon Patty and Jackie, My cliOnt is under contract to purchase a 19 -acre site (PARCEL 1 (2-21-37-35-0:4WO-00006-0000) and PARCEL 2 (2-21-37-35-OA00-00006-D000) for the purposes of developing a 200 unit residential community with associated amenities. We have researched the City's comprehensive plan and LDRs we are expecting that we will need to file both a land use change and zoning change application(s). I wanted to reach out to you all to see if we could schedule an informal meeting so that I can properly introduce myself and discuss the development plans my client has. We are in the very early due diligence research phase so we do not have any conceptual plans prepared yet. We are really excited about this project and would really appreciate the opportunity to sit down with you to discuss the project and to review the City's requirements. I am available Thursday or Friday of this week or Tuesday through Friday of next week, please let me know if any of these times work for you. If there is anything you need from me or if you have any questions, please feel free to give me a call and/or respond to this e-mail. Looking forward to hearing from you! Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561) 284-2472 www.aientitlements.com A ot 4 ENTITLEMENTS & PLANNING act LtA_Of V\/eO- �0 Nae -k -It -e- OCUO -r�2.9da,c i reb I fs , p4A Aufum to Ls no -1 avoiDool-t— nolo ThMr5 da _1 7: e6. �Oopmt 4Vt, bob!93 bwISQvaLlabL'g' Patty Burnette From: Autumn Sorrow <Autumn@ajentitlements.com> Sent: Thursday, June 13, 2019 6:07 PM To: Robin Brock Cc: Marcos Montes De Oca; Patty Burnette; Steven L. Dobbs; David K. Blattner; ben@larueplanning.com Subject: Re: New residential project - Okeechobee Thank you Robin! Tuesday at 2:00pm works for us. Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.ajentitlements.com A4ENTITLEMENTS & PLANNING On Jun 13, 2019, at 4:46 PM, Robin Brock <rbrockgcityofokeechobee.com> wrote: Hi Autumn, Marcos is available to meet Tuesday, June 18th at 2:00 p.m. Vve copied Ben Smith, LaRue Planning, in this email to confirm his availability to conference in by phone. Please let me know if this date and time is suitable. Thank you. Executive Assistant City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863)763-3372 (863)763-9812 (direct) FAX: (863)763-1686 Email: rbrock(cD-cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Autumn Sorrow[mailto:Autumn@ajentitlements.com] Sent: Thursday, June 13, 2019 3:18 PM To: Marcos Montes De Oca Cc: Patty Burnette; Steven L. Dobbs; David K. Blattner Subject: New residential project - Okeechobee Good afternoon Marcos, How are you? It's been several months since we last met on this project, but we are finally in a position to file the Comprehensive Plan amendment and rezoning application(s). Before we proceed with anything further on our development program and application documents, there are a few critical items that we need answers on from the City. Do you have time available to meet with us tomorrow afternoon or sometime next week? Steve and I would also like LaRue Planning to join the meeting via phone, if possible. I am available tomorrow afternoon, Monday afternoon, all day Tuesday and Wednesday, Thursday afternoon, and all day next Friday. If next week doesn't work, I am also available the week of 6/24 with the exception of Monday morning. Could you please give us some dates and times that work for you so that we can coordinate this meeting? Thank you! Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.ajentitlements.com w, ENTITLEMENTS & PLANNING Patty Burnette /1,a axL From: Autumn Sorrow <Autumn@ajentitlements.com> Sent: Tuesday, February 19, 2019 9:31 AM To: Patty Burnette Subject: Re: New residential project -Okeechobee Attachments: TRC 2019 Meeting Dates.pdf; 2019 Meeting Dates.pdf Hi Patty, I hope that you had a nice weekend. I wanted to circle back with you all to see what you all found out about the platting requirements. My notes indicate that Marcos was going to look into this on our behalf and get back to us. We need to account for how platting may impact our overall timeline. As a reminder, the units will not be fee simple so if we have to plat, we are hoping we can do a boundary plat. Can you please let me know when you get the chance? Thanks. � � ULt�►'1�-d- b �� y ,��� �tei cca-t-- ao no �-- Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.aientitlements.com ENTITLEMENTS & PLANNING (1.Q a --civ (a / IJCJ On Feb 14, 2019, at 3:30 PM, Patty Burnette<pburnette@cityofokeechobee.com> wrote: Hi Autumn, Attached is a list of the dates for Site Plan Review and the Planning Board. Should you have any questions, please just let me know. It was a pleasure speaking with you this afternoon and we are very excited about the proposed project and look forward to hearing back from you very soon. Patty 2/14/2019 Okeechobee, FL Code of Ordinances Sec. 70-374. - Variance by board of adjustment. (a) Authorization. (1) The board of adjustment shall hear and decide petitions for a variance from the provisions of these regulations, where owing to unique physical conditions a literal enforcement of the provisions would result in unnecessary hardship. (2) A variance is authorized only as to physical requirements of these regulations including height, lot area, size of structure, size of yard, setback, buffer and open space. (3) Establishment or expansion of a use or density otherwise not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of other nonconforming structures or use in the zoning district or adjoining district. (4) Self-created problems and economic hardship shall not be grounds for granting a variance. (b) Standards forgranting a variance. Applicants for a variance shall address the following issues in their presentation: (1) Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site. (2) Specify the minimum variance required including height, lot area, size of structure, size of yard, setback, buffer or open space. (c) Findings required. In granting a variance the board shall consider the following factors and must find that: (1) Special conditions exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. (2) The special conditions and circumstances do not result from actions of the applicant. (3) Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts and would work unnecessary and undue hardship on the applicant. (4) The variance granted is the minimum variance that will make possible the reasonable use of the land or structure. (5) Granting the variance will not confer on the applicant any special privilege that is denied by these regulations to other land or structures in the same zoning district. (6) Granting the variance will be compatible with the intent of these regulations and that the variance will not be injurious to the neighborhood or detrimental to the public welfare. (d) Use variance not permitted. The board shall not grant a variance to permit a use not permitted in the zoning district. (LDR 1998, § 254) 1/2 Pattv Burnette From: Autumn Sorrow <Autumn@ajentitlen Sent: Tuesday, March 05, 2019 12:39 PM To: Patty Burnette Subject: Re: Rezoning fees Hi again, I hate to be a pest, but could you also confirm the site plan applic� list a fee of $1,000.0 plus $30.00 per acre and the checklist for PL: fee" of: $500.00 plus $30.00 per fee. Do we need to pay both of tf Thanks. Autumn J. Sorrow 6311 Riverwalk Lane #4 Jupiter Florida 33458 (561)284-2472 www.ajentitlements.com A4ENTITLEMENTS & PLANNING V/ C vy vv bc-n 6n L�laojlq 1,001( QJQ u.)v> c t ae-ea e— R if[tX roni/I �� Lic.-ft.. S f � YL C a ✓r�� �-- .J v Lou t" I V l l l N na-1 M90St fe �lar� }Re vte'uL) u ✓' ' d t -tr-�ere��� 0-�lnese +wo - tal ? Or J Us+ S.L�i �1�n �jeJ(ILc� On Mar 5, 2019, at 11:46 AM, Autumn Sorrow <Autumngaientitlements.com> wrote: Good morning Patty, Can you please tell me what the rezoning to PUD -R fee is? I am seeing two different amounts on the City's website. The PUD rezone application lists a fee of $850.00 and $30.00 per acre fee and the Checklist for PUD - R has a fee of $500.00 & $30.00 per acre C( Thanks. j S�1 o u 1 +' S6.60 Tlu �O.Oob-cue . (t KR a,l l 0-4--hcl' Autumn J. Sorrowezo�l��s 6311 Riverwalk Lane #4 F Jupiter Florida 33458 -�—� (561) 284-2472 oPckd www.ajentitlements.com P� U ro 1"G j� ez�r SP�c cr- 1