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2019-10-15 Ex 04
Exhibit 4 Oct 15, 2019 ORDINANCE 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°53'11" 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 Page 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: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1196 Page 2 of 2 Dowling R. Watford, Jr., Mayor Exhibit 2 9/19/19 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: P) -a- ! ei Petition No. 1 q- ay)), .s.sp Fee Paid:. 11, =)).lr'.1 C' )="' I (AY:, Jurisdiction: Ppj C. (9 L.... ls` Hearing: Cl- f9 -1C 2°d Hearing: ID -)5-jQ Publication Dates: Notices Mailed: `}: APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT To BE COMPLETED BY CITY STAFF: Verified FLUM Designation: Verified Zoning Designation: H QI ei i E� Plan Amendment Type: ❑ Lar Scale (LSA) involving over 10 acres or text amendment ® Small Scale (SSA) 10 acres or less L] 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. 1, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents • rovided are complete and accurate to the best of my knowledge. � f -z kot9 Date Signa ure of Owner or *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 Authorized Representative* Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) I. APPLICANT/AGENT/OWNER INFORMATION Applicant Reuven Rogatinsky 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 Fax Number E -Mail 863-824-7644 SDOBBS@STEVEDOBBSENGINEERING.COM Owner(s) of Record Frank Altobello Charitable Remainder Trust III Address P.O. Box 417 City Okeechobee State FL Zip 34973 863-610-0592 fmirby@embarqmail.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) II. 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 111. PROPERTY SIZE AND LOCATION OF AFFECTED PROPERTY (for amendments affecting development potential of property) A. PROPERTY LOCATION: 1. Site Address: SW 2ND STREET, OKEECHOBEE, FL 34974 2. Property 1D #(s): 2-21-37-35-0A00-00006-0000 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.) 1. 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 ACRES c. Total Wetlands: 0 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 5. 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 1.{) Number of Units 46 91 Commercial (sq.ft.) ___ ___ Industrial (sq. ft.) ___ ___ IV. AMENDMENT SUPPORT DOCUMENTATION At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. 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 Targe 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. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. A map showing existing land uses (not designations) of the subject property and surrounding properties. .%4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. ,/5. Map showing existing zoning of the subject property and surrounding properties. .f6. 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; V b. Water and Sewer; `/c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 11. Wetlands and aquifer recharge areas. ✓ 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 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 best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating they t est 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 instrument was certifi d and subscribed before me this �° day of 201, by V...,✓LI.VGN 6A INS f , who is personally known to me or o has produced 1t.iYgg v % } CQt 1 t e as -idem ifica Ptit, Notary Public State of Florida Megan N Campbell i,e4 2 My Commission GG 226741 *„Fd Expires 1W0712022 %� ,r 11/10),6 I I Printed rt�i�€uhe of Notary Publi Commission Expires on: ) 0 / cD 7 ! 2 Z. 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. N/A B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. The existing FLU for the proposed property is 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; I'letlse sec attached letter from \V stc i\rlallilienlent. b. Water and Sewer: i he impact oI the potential 1:I,U change is addressed in the letter llI0\ idcil by Ol J.A. Please note \when this original request teas put together it was ['or 19.1 acre request \yhen \we round out the north hall\v,cls already intlllilnmil_v. the request has peen amended. but ther;' \.was not reason to ask 111r a new letter Iron OU.\ since tllk increase !I? -.rapacity is less than original!), requested. c. Schools. Please see the attached letter from the Okeechobee Count\ Scholl Board stating the have mil-lieient capacity to ;erwe this develop -new. Please note when this ori,.;inal request. \was put together it ''.a; 19.1 acre request when \we round out the north hall` was already multilanlily, the request has been amended. but there was not reason k, ask l .'r a ne?\` letter Iron? the Okeechobee Count). School Board stilet' 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: I. 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 Day Single Family (Existing) 46 Units @ 2.5 people per unit 114 gppd 13,110 gpd — water/sewer Multi Family (Proposed) 91 Units @ 2.5 people per unit 114 gppd 25,935 gpd — water/sewer Net Impact 12,825 gpd — water/sewer Water and Wastewater Treatment Plants Based on the information obtained from Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 rngd 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 fiow of the wastewater treatment plant is 0.910 mgd of the 3 mgcl 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 The proposed development will provide Jy ,' au s 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 spacPs th 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 2-21-37-35-0A00-00006-0000 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners FLU Exhibit f. i, { A Commercial a Commercial Multi 4G (! 4sI Family Single Family Multi Family Holding Holding Multi Farad Multi Famil Subject Property Single Family Multi randy Single Family Commercial Single Family The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners Land Use Exhibit Vacant Vacant Commercial Commercial Agricultural Subject Property Agricultural Single Family Day Care The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Surrounding Property Owners Zoning Exhibit 411 441 Commercial Public Multi kk , Family Single 1 Family 1, = "cif g I 4/'. _._•__ 0. °-00 ' ^ .b`. •if b Single Family Holding Holding Subject Property Holding Single ie Family 4 , 1 Single Family Single Family BOUNDARY & TOPOGRAPHICAL SURVEY PREPARED FOR ROGATIN SIKI LOFS5RIPROV x50770 MN ORM. 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N•6•Ot 33058 `nor, f 7, 1 445. OI e_N., mwf��1 -..4 r«Is. cel __ '-i �Irw7�M. �x�ie�w. �M IM� r w�7+M�.1wLLn rww�.rlmNlw ..r.tiw�ntiir"- "7r_.w TR0DEWINDS SURVEYING SERVICES, LLC. zoo tw. Awn. O.n.o5 0.rrl RE. NPI TA, OHM) ,50-2601 yyzz•ZALliitond. Henn. A. ernw.c Jr. WHY 4840) LB NO. 8097 This Instrument Prepared By TOM W. CONELY, 111, ESQUIRE 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 -0A00 -00006-D000 Illllllllllltllliltll111(illililllitlllllliilillllllllliitii FILE NUN 2009013478 OR BF, 00679 PG 1 002 SHARON ROBERTSON, CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 12/03/2009 11:53:14 AM AMT 10.00 RECORDING FEES 18.50 DEED DOC 0.70 RECORDED BY M Finon Pas 1002 — 1003; I2nas1 QUIT CLAIM DEED [PREPARED WITHOUT EXAMINATION OF TITLE] THIS INDENTURE made the 1'1 ' day of November, 2009 by OKEECHOBEE UTILITY - AUTHORITY, hereinafter called firstparty, to FRANK ALTOBELLO, as Trustee of the Frank Aktobello Charitable Remainder Trust III dated Apri116, 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 terms "first party" and "second party' include nil the parties to this instrument and the heirs, legal represents trues and assigns orindisiduai,, 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 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: AND TWO UNPLATTED PARCELS OF LAND, SHOWN AS THE RAILROAD GROUNDS, LYING WITHIN THE PLAT OF THE CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOKS, 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 6rl STREET, A DISTANCE OF 285.32 FEET, TO THE POINT OF BEGINNING; 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. 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 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 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#2009013476 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 21'713 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 89°53'58" WEST, A DISTANCE OF 725.33 FEET TO THE POINT OF BEG CONTAIN The purp Okeechobee Utili Addendum ("S Book 618 at page 17 Equivalent Residential Co property described herein nor shall ?'90 ACRES, OR LESS. this quit -claims to release the real property described herein from that certain rity Water astewater System Standard Developer's Agreement and First eler's Agreement) dated November 7, 2006 and recorded in Official Records cords ! ^ " - County, Florida, and to confirm that none of the l ns in shall attach to and become a part of the real assessments therefor be assessed against said real property by first party. TO HAVE AND TO HO belonging or in any wise appe of the said first party, either in law or e forever. th all and singular the appurtenances there unto t, till: est, lien, equity and claim whatsoever t and behalf of the said second party IN WITNESS WHEREOF, the said authorized officers the day and year fust above ti Signed, sealed and delivered in our Dresence: itness Si Printed N iozisry fitAni6LEA. ents to be executed by its duly Witness Signature Printed Name: ino_ finm o s STATE OF FLORIDA COUNTY OF OKEECHOBEE Frank Irby, 100 SW 5th Avenue Okeechobee, FL 34974 The foregoing instrument was aclmowledged before me this /7 441 day of N ember, 2009 by FRANK IRBY the chairman of the OK__EECHOBEE UTILITY AUTHORITY; he [personally known to me or [ ] produced /N/» as identification ynceze5GuL44,,,e_. NOTARY PUBLIC LYNETTE MARIE LOWE jL''� Notary PubEc - Stab of Florida My Commbdon Evian Sap 2, 2011 407 Commission 9 DD 890650 '' Bonded Through Naomi Notary Ann Book679/Page1003 CFN#2009013478 Page 2 of 2 li I, 1 4I NW 2nd Way 11 q 44, .ir a - "- --r 1-1 A, I ir."111 IAN SW 10th Avenue SW 9th Avenue The Emerald Greens Apartments City of Okeechobee Future Land Use Amendment Aerial Exhibit 4 rg iNl Subject Property f 411 1 'Y AA ,olt kw SW 7th Avenue NW 5th Street f{; ;•;...1.,:,,...,,`,:0..,•• , • • - • ...: • .) -.. ;,„ •.4y, , . y 11/7.: i4,1 . , • r.r.,.,,,, ., .., - •!t•• • .,..,..., , # , , ',.• ' r. • •:.•'.... .4., , - •i- r • . r!!:rmipt:iire. .-• . : , _ •, • , •• - • ,•-•44. a, 4.;;`,;i: • . . r • r L'!:, -•r• . !: • ----- r... ' .1, • • • . • • ',,' r-, •••:k;. • ; • ...,4;"...11 ! r.' VUBJECT,PARCEL .' „; ' , • .." ..10, ' , •'4.-'- 10:',.r.,...!,-.., ,; .. Or•• • ; :11F,...,,,t.-: ,,...,....,,,• Po' • ,41N• ' Xik'•..:- .."•-.; ::41‘...2'...-'' i, ..,-' -i'dr• ' - 414 --- ' ' - L' ,.. . itk , 0 • • *Itb. •,:•:-. i. .• i .. Alias sae, • • -"A**".• .,%•• .5=.4SUBJECTF'ARCEL •• . • • '15t:. • • ' .. • .00 .,:!:••••••0. .. • ,,,...,;:k f.., • ' .t.t.• La. • ••.7 >4t,* •:. 4 .,_ •;-?.:•• rimk- ' 4 Allevjklai *Pe '.,s, . It r-••••••, •, , c„. • f. .: . .. "Ilk ';'..,..--i ;.---. . e eg " • se 1 .4. ,.. ,-..r'-' .r- • .-,-.:4 1.011i'...itii. • 1 .' /a: 1,....... ....... AO .. b it 1 V 1,..".'..... - . .r.' • ..., "'Al . !...!.94. Cr. PM ff•'. ....— „, -4. .•• .4. . --;- ; ; soo.; ;,,,,• 4IIIt. -460 . •••••,... ....• ,_ ,r..es I • ,...,,•=...... 4 r !,=„„ 7•94,Offirk • . ti. ef! ' *ig,14410 A ilic i „,.._....=„v... j'f%".•,c,:..:;;;,0,74,1•,,-,, Mt ORECCHOLLE COUNTY OROPLR1TAPFRE.A.,'CII 5 OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE OFF/OE OCESUOTASRUOGRUTOMF1:111. FOR ERRORS.. or...mn co,rrAlt,co RUMOR • : ' • T 7 t • • 1, • " .^,k+ 4.14 1 ft# e•e-- 41 t`;:e. r • '4 • . ,ttogt,I ; 4. • Future Land Use Amendment Traffic Analysis Okeechobee Multi -Family City Okeechobee, FL Prepared for: Reuven Rogatinsky 5230 North 31St Place Hollywood, Florida Prepared by: eyrilacKenzie 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 Shaun G. MacKenzie P.E. PE Number 61751 .,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: 2-21-37-35-0A00-00006-0000). 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 Page i e.tacKenzie Engineering & Planning, Inc. TABLE OF CONTENTS EXECUTIVE SUMMARY TABLE OF CONTENTS LIST OF FIGURES LIST OF TABLES INTRODUCTION 1 CURRENT DATA 2 FUTURE LAND USE CHANGE ANALYSIS 2 TRIP GENERATION 2 Existing Future Land Use 2 Proposed Future Land Use 2 Net Impact 3 CONCLUSION 4 APPENDICES 5 LIST OF FIGURES Figure 1. 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 ►.acKenzie Engineering & Planning, Inc. INTRODUCTION A future land use amendment is proposed on 9.12 acres located at Southwest 6th Street, Okeechobee, FL (PCN: 2-21-37-35-0A00-00006-0000). 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 2-21-37-35-0A00-00006-0000 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. NW >r- St • NY(2nJ 11 Elis Western.Wear.,Q . SW Park St � f f 2nd S` 3 3 SW 2n05` s � m s Figure 1. Site Location Map NW Drivers License Office �< } SW 4th St SW 5th SI SW 6th St . ath Ct • OM St SW ` :tt 184001 N( 4 h St spank of America A Financial Center Walgreens 4:01; l McDonald's IR Wendy - s n SE 2nd SI �'^ A SE 3rd Si `s ' ' A SW 4t' Jl Golden Corral di Buri s Gra, 1 Okeechobee Muir t SW '9 SE !M St SE 6th St ARMS SE 'th St SI am St 9 r.owt)oys Ei-g. A SE e:tt 't SE 8th St a ▪ SE ' 7't+ St N app ▪ SE Ott• • SE Set, SE 7.h St SE ttth St Page 1 .cKenzie 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`h 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`h 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 Paget •,gacKenzie 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 1A Okeechobee Multi -Family Future Land Use Trip Generation Land Use Intensity Daily Tris AM Peak Hour PM Peak Hour Total In Out Total In Out Existing Site Traffic Subtotal 46 DU PM/DAILY 509 37 9 28 48 30 18 Single Family Detached 509 37 9 28 48 30 18 NET EXISTING TRIPS Total Existing Driveway Volumes 509 509 37 37 9 9 28 28 48 48 30 30 18 18 Proposed Site Traffic Subtotal 100 DU PM/DAILY 715 48 11 37 59 37 22 Multifamily Housing(Low-Rise) 715 48 11 37 59 37 22 NET PROPOSED TRIPS Total Proposed Driveway Volumes 715 715 48 48 11 11 3 7 37 59 59 3 7 37 22 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 Rate AM Peak Hour PM Peak Hour Land Use ITE Code Unit Daily Rate in/out Rate in/out Equation Multifamily Housing(Low-Rise) Single Family Detached 220 210 DU DU T = 7.56 (X) +-40.86 Ln(T) =0.92 Ln(X) +2.71 0% 0% 23/77 25/75 Ln(T) =0.95 Ln(X) + -0.51 T=0.71(X)+4.8 63/37 63/37 Ln(T) = 0.89 Ln(X) +- 0.02 Ln(T) = 0.96 Ln(X) + 02 s: jobs - share drive1184 - reugatinsky1001 - okeechobee multifamrlyl[okeechobee multifamily traffic 7-29-2019.xlsxJtgen prop (flu) Copyright © 2019, MacKenzie Engineering and Planning, Inc. 184001 Page 3 ,icKenzie 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 6th Street, Okeechobee, FL (PCN: 2-21- 37-35-0A00-00006-0000). 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 Page 4 Single -Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday Setting/Location: General Urban/Suburban Number of Stuches. 159 Avg. Num. of Dwelling Units: 264 Directional Distributtr. SC% entering, 50% exiting Vehicle Trip Generation per Dvvelling Unit Average Rate 9.44 Data Piot and Equation Range or Rates 4.81 - 19.39 Standard Deyiatio'.7 X StudySte X• • X • 1,000 1.500 2,0X X 2,500 3 CCO X= Number of Dvoelling Units Fitted Curve - — Average Rate Fitted Curve Equation: LAT) .• 0.92 LAX)* 2.71 R 0.05 2 Tri Seneralion Manual 1001 Edition • Volume 2: Dela • Residential (Land Uses 200-290) Single -Family Detached Housing (210) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of Stutties. 173 Avg. Iskiin. of Dwelling tints: 219 Directional Distribution: 25% entering.. 75% exile?fit Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates 0.74 0.33-2.27 Data Plot and Equation Standard Deviation 0.27 X Study Site 500 1,000 1.500 2.000 2,500 3ec0 X= Number of Dwelling Units Fitted Curve Equation. T= 0.71(X) » 4.00 Fitted Curve - - - - Average Rate Rr= 0.49 Trip Generation Manual leen Edition • Volume 2 Data • Residential (Land Uses 200-290) 3 Single -Family Detached Housing (210) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: Avg. Num_ of Dwelling Units: Directional Distribution: Dwelling Units Weekday, Peak Hour of Adjacent Street Traffic:, One Hour Between 4 and 6 p.r1t. General Urban/Suburban 190 242 63% entering, 37% exiting Vehicle Trip Generation per Dwelling Unit .:§.veraCe Rate 0.99 Data Piot and Equation Range al Rates 0.44 - 2.98 Standard Deviation 0.31 2,500 2.000 1,030 :LTD .x X X X Study Site eau X X 1,000 1.500 2,000 X= Number of Dwelling Unite Fitted Curve Equation. Ln(T) = 0.96 nlX1 + 0.20 Fitted Curve 2,020 Average Rate R.,= 0.52 .PCD 4 Trip Generalion Manual 10th Edition • Volume 2: Data • Residential ;Land Uses 200-296i Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling Units On a: Weekday Settingitocation: General UrbaniSneurban Number of Studies: 29 Avg. Num. of DweNing Units: 168 Directional Distribubon: 50% enterrig o exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates 4.45 - 10_97 7.32 Data Plot and Equation Standard Deviation 1.31 2,C0 1.000 X X 100 2C0 X= N L1.7 bar of Dvdel.ing Units X Study Site Fitted Curve Fitted Curve Equation: T = 7.56(X) 40.56 400 500 60.2 Aiderage Rate IP= 0.96 Trip Generation Manual 10th Edition • Volume 2: Data • Residential (Land Liss 2013-299) 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 ant Setting/Location: General UrbanlSuburban Number of Studies: 42 Avg. Num of Dwelling Units: 199 Directional Distribution 23% entering. 77% exiting Vehicle Trip Generation per Dwelling Unit :a.deraige Rate Range of Rates 0.48 0.18-0.74 Data Plot and Equation Standard Davie ion 0.12 1CL Study S ite X aaa =3o X= Number of D rreltin g Units Fitted Curve Average Rate Fitted Curve Equation: LAUT) = 0.95 LAX) - 0.51 R== 0.90 32 Trip Generation Manual 1Ct17. Ed 1 on • `a'oli;me 2: Dais: • Res''dentiai (Land Uses 200-299) Multifamily Housing (Low -Rise) (220) Vehicle Trip Ends vs: Dwelling units On a: Weekday. Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.rn. Setting/Location: General Urban!Sunurban Number of Studies: 50 Avg. Mint_ of Dwelling Units: 187 Directional Distribution: 63'% entering. 37% exiting Vehicle Trip Generation per Dwelling Unit .Ave age Rate Range of Rates 0.56 0.18 - 1.25 Data Pio# and Equation Standard Deviation 0.16 _Gp x 200 100 IX Study Site 200 400 600 X= Number of Dwelling Units Fitted Curve - A, erage Rate Fitted Curve Equation: Ln(T)= 0.69 LniX) - 0.02 Rr= 0.86 Trip Generation Manual 104h Edition • Valume 2: Data • Residential (Land Uses 2O0=299) 33 7/30/2019 Okeechobee County Property Appraiser Okeechobee County Property Appraiser Mickey L. Bandi Parcel: « 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` Area 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, ...more»> 9.12 AC S/T/R 21-37-35 Use Code** IMP PASTUR (006180) Tax District 50 *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. Property & Assessment Values 2017 Certified Values 2018 Certified Values Mkt Land (0) $0 Mkt Land (0) $0 Ag Land (2) $1,753 Ag Land (2) $1,846 Building (0) $0 Building (0) $0 XFOB (0) $0 XFOB (0) $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 Taxable county:$1,753 city:$1,753 Total other:$1,753 Taxable school:$1,753 county:$1,846 city:$1,846 other:$1,846 school:$1, 846 2018 Certified Values updated: 7/25/2019 Aerial Viewer Pictometery Google Maps 2019 2018 2017 2015 2014 ✓ Sales — sw ;• fir:. ar .. • s. F.. • t �F4 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. te •,+NnjAts M' ` * * 4 -1 ¢p, s �ta 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 1r Building Characteristics Bldg Sketch Bldg Item Bldg Desc* Year Blt NONE Base SF 1 Actual SF Bldg Value { Extra Features & Out Buildings (Codes) I ! g4b.okeechobeepa.com/gis/ 1/2 7/30/2019 Code 1 Desc Okeechobee County Property Appraiser Year Blt I Value j Units Dims NONE Condition (% Good) V 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) 1.460 AC 1.00/1.00 1.00/1.00 $0 $2,117 005007 MKT AGRI (MKT) 7.660 AC 1.00/1.001.00/1.00 $0 $114,900 ® Okeechobee County Property Appraiser 1 Mickey L. Bandi 1 Okeechobee, Florida 1863-763-4422 by: GrizzlyLogic.com g4b.okeechobeepa.com/gis/ 2/2 WE 1 3 4 7 6 10 0 8 City of Okeechobee Future Land Use IS ul.JOU U0 t ' ` • ESEWHMI �4 Inn un1101 nu Jnr BIM Eris 65' -19-. .... 22 1 112 113 114 115 26 120 119 118 117-- : 116• 51 1 132 133 134 135 138- -- 131 - 138 " 1:''43. 1 1 t .. .... 1®ilk 142' '144.. 111 ��r 3gp7 161 160 159 -156.= 157^ 166= -7 1'93- 153' QM iii a -: },-'{' luil j i.rF L AGLE R t'�� P AR I .4, 'MEIN! M64 160 - 166 167 168 - - 169 -170':'. 171 203 253 252 5 t 76 177 176 175 174 173- 172 + 205 - 204 254 252 178 100 151 ". 182= -=103 -184 207 206 •209 B ':.A 10 - hill 2 16 ( 17 1 Irl` tam ME ME MEM !!! Iri®WW1 15 15 2 "' 1O 231 '290 '251 .233 234 235 235 237 4SB'' 250 242 i 241. 245 235.x' 3 2, 243 249 ,• 244 24,1 ` 4 y 9 .�...• 247 2`4'y; , 11, :12: :13' :15 248 19- Z0 21: -.-..8.... 10 17 22 A25 24. 28 23 LAND USE CLASSIFICATIONS lot_Ilne SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI - FAMILY RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC FACILITIES : EASEMENT -�—�-+ RAILROAD CENTERLINE -- 9008155 MEANDER LINE 0 UNINCORPORATED ata=Cenw ter'Irµu Orrei Lo..mroew.a �ar, perk� 0 23 24 2.. •.,•.2v. :. 27: ' 43. 44 28: 46 '45 30 40 3 4 29. .34 9. .48 • 0.125 035 05 0.75 Lri 11 u General Notes: Alleys shown hereon are 15 or 20 leer In wiMh. See appropriate subdMsion plat for specific alley?Mths. Thu map has been compiled rpm the most current dale avei38.. The City of OkeechoMo is not responsible for any errors or omissions contained herein. May 31, 2019 Steven L. Dobbs, P.E. President SLD Engineering RE: Waste Management, Okeechobee Landfill Capacity OKEECHO®EE LANDFILL, INC. 10800 N.E. 1286 Avenue Okeechobee, FL 34972 (863) 357-0824 Mr. Dobbs, 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. Regards, 72 Charles Orcutt, P.E. Market Area Engineer Waste Management, Inc. of Florida 863-824-4010 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: Water Capacity Request Parcel ID No.: 2-21-37-35-0A00-00006-0000 2 -21 -37 -35 -0A00 -00006-D000 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 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, hnF.H 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.: 2-21-37-35-0A00-00006-0000 2 -21 -37 -35 -0A00 -00006-D000 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 clue 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. Execut;v_ • -ctor Superintendent Ken Kenworthy School District of Okeechobee County 863-462-5000 700 S.W. Second Avenue Fax 863-462-5151 Okeechobee, Florida 34974 June 19, 2019 Steven L. Dobbs Steven L. Dobbs Engineering, LLC 209 NE 2nd Street Okeechobee, Florida 34972 Job No.: 2018-006 Chairperson Jill Holcomb Vice Chairperson Amanda Riedel Members Joe Arnold Melisa Jahner Melissa 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 2-21-37-35-0A00-00006-0000 and 2 -21 -37- 35 -0A00 -00006-D000 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! ACCREDITED AdvanCEO' U.S. Fish and Wildlife Service National Wetlands Inventor Frank Altobello Charitable Remainder Trust ff- /444 1 okot 1.4 17— 14k ♦.r1 •a.." rf y • .4J . : i� _1 1, 4,74:41t t, t L • at ti..Vi `1t ~ .:::,,;,1 4 1:7,218 1i` 0 0.05 0.1 4 1 r r ,I , 0 0.075 0.15 .. d! r!R ,,,4,4 1.1 4.40. 6 '4, % T 1-1 ;f :A\ kms' 0.2 mi ill! ++rte I * ' # 1 1 i.:1 -y s 0.3 km $ ,t I Is ' MIL '.9 .l. "rp-tX i� • ii 0w' d i! f i . National Standards a { 7r W Sopt,luan , �azna e . May 28, 2019 Wetlands Estuarine and Marine Deepwater Estuarine and Marine Wetland n —I Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Other 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 metadala 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 N i8 515120 r 515,750 515780 5151810 Soil Map—Okeechobee County, Florida (Emerald Greens Comp Plan Soils) 515840 515870 51900 r 515,060 510,020 3 8 A- P - 8 3 8 Soil Map. n1 jy-11.o —be valid at this scale.. 515720 515750 515780 515810 Map Scale: 1:1,460 if printed on A landscape (11" x 8.5") sheet 515810 515870 515900 515900 515960 515990 5160229 0 20 40 60 Metes 120 Feet 0 SO 100 200 300 Map projection: Web Merato' Comer coordinates: WG584 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Conservation Service National Cooperative Soil Survey Web Soil Survey 0 _8 7/24/2019 Page 1 of 3 27° 14'23"N 27° 14'16'N Soil Map—Okeechobee County, Florida (Emerald Greens Comp Pian Soils) MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features tj A. ift CD 0 Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation i -t -F Rails Interstate Highways US Routes Major Roads Local Roads Background mo 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 date(s) 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 Conservation Service Web Soil Survey National Cooperative Soil Survey 7/24/2019 Page 2 of 3 Soil Map—Okeechobee County, Florida Emerald Greens Comp Plan Soils Map Unit Legend :;Map•Unit.Symbol ;,,.m•:; lap Unit Name Acres 1n AO1 .•-•7=7""-'''"""777-"'" ;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% UFS Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 7/24/2019 Page 3 of 3 80°50'40.88"W National Flood Hazard Layer FIRMette 27°14'37.41"N F til A. er , ♦iii ;. ii. (!"lyl (.)1=;1A.)1`]rl.i ll(''I Il' u.._I":!,4 `(1Ir':; w , AREA of`?f'AINIP1AL,FLOODILIA.7_ R i ',.: ._-U, * 12093 00400 C 7/16/2015 • USGS The Natibnal°Map: Orthoimagery. Data refreshed April, 2019. 2714'5.42"N 0 250 500 1,000 1,500 Feet 1:6,000 2,000 Legend SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS INo SCREENI Without Base Flood Elevation (BFE) Zone A v Aea With BFE or Depth aunt 4e. AD AR va. 44 Regulatory Fioodway 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 zoic• A' Future Conditions 1% Annual Chance Flood Hazard zwi.• x Area with Reduced Flood Risk due to Levee, See Notes. Area with Flood Risk due to Leveezoik0 Area of Minimal Flood Hazard m,„A Effective LOMRs Area of Undetermined Flood Hazard z... - — - - Channel, Culvert, or Storni Sewer 1 1 11 1 1 Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance Water Surface Elevation Coastal Transect Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary Coastal Transect Baseline Profile Baseline Hydrographic Feature Digital Data Available No Digital Data Available Unmapped V 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 compiles 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: 863-763-1686 LA1�L vv•-• i v • . a...s� �— --- — — —_. 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: 2-21-37-35-0A00-00006-0000, 2 -21 -37 -35 -0A00 -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 DAY OF SO1 20 PI HAND AND SEALS THIS 3 I W j,, ( y 44-eA)e- -...., I WITNESS .7( OWNER WITNESS above who above this 31 Slay upon being duly sworn and that they executed the of a) L.7 20fi OWNER Before me the undersigned authority personally appeared the owner(s) named acknowledged before me that they are the owner(s) of the real property described power of attorney for the purpose stated therein. Sworn and subscribed Notary Public: -- i = r — SEAL "a c. MICHAL BAGG+OTT MY COMMISSION #GO111153 '�,a„ EXPIRES: June 04,2021 Commission Expires: 6 '-V (Rev 9/2017) Page 5 of 11 City of Okeechobee 55 SE 3r� Avenue Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 WER 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: 2-21-37-35-0A00-00006-0000, 2 -21 -37 -35 -0A00 -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 THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS (HEREOF DAY OF & \ 2011 4 OWNER [TNESS k; 144 ...LI OWNER W[TN SS 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 tat they executed the for therein. Sworn and subscribed this Lday of �J,* 201 power of attorney the purpose stated 41 'A Notary Public: p 1._ SEAL Commission Expir• : ., Q9' a.. 1 6 •v Notary Public State of Florida • Myme Ann Dunlop Commission G 1199147 of• 0.0v Expires 12/15/2021 (Rev 9001) Page 5of11 THE FRANK ALTOBELLO CHARITABLE REMAINDER TRUST III-B AGREEMENT DATED ,.3%aiih TAXPAYER IDENTIFICATION NUMBER: 26--6300,.90-1-1 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.1.(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 Tenn. 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 Payment. 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 clpse 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 mariner 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 4 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 QITI. 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. , +r ri-c ►ho,(t a 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 account 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). 5 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; 6 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] 1 8 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 „Ay day of „...4.�,geM , 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. ;a,„ -„,a... a? i�;, «..._- residing at residing at a06 4/ 14(2/2(17 > kv 5 5/97 -� 9 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 ,�qj r , 2008. State of Florida ) oY 'e _- ) ss. County of- alm-Beach ) K ALTOBELLO, Grantor ALTOBELLO, Grantor 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. residing at residing at 916 A7z1' '', as- 5 7) -- ACKNOWLEDGED AND SUBSCRIBED, BEFORE ME by FRANK ALTOBELLO, Grantor, who [ kJ is personally known to me, OR [ ] has produced as identification; AND SWORN TO AND SUBSCRIBED BEFORE ME by the Witnesses: (2.ras / I}%t '1Gu't , witness, who [s personally known to me, OR [ ] has produced as identification; AND Ps kit J) tQ.vitl witness, who [ s 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 gd' , 2008. r 9 , My Commission Expires: Notary Public j / Print Name: <-) V 60 IA AM I I a--WL Iz.,......."1o. tl \\\p,NWI(l/q��Mlss!o4 6' ( ;o��ber 16 F'fo�•. * �=o� c'o9u 1. a s. : pDD 587035 a` 10 S.-.?ct '//�� 0,' viii T� ".� �\\\` FRANK ALTOBELLO CHARITABLE REMAINDER TRUST HI -B SCHEDULE A Real Property legally described as follows: Date: (See attached Schedule "B" for complete legal description) ,3/ay%2sor� NK ALTOBELLO, Trustee 8/5/2019 Wachovia Is Now Wells Fargo - Wells Fargo AcSkarrarPX 16.104.73 Wachovia Is Now 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 WACIIOVTA 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 lune 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.wellsfargo.com/about/corporate/wachovia/ 1/1 Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Reuven Rogatinsky Petition No.: 19 -003 -SSA 1375 Jockson Street A 206 Fort Myers, FL 33401 Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA General Information Applicant Applicant Phone Number Reuven Rogatinsky 954.536.6081 Applicant Email Address reuvenr1725@gmail.com Owner of Record Frank Altobello Charitable Remainder Trust III Owner Phone Number 863.610.0592 Owner Email Address fmirby@embargmail.com Site Address SW 2nd Street Agent/Contact Person Contact Phone Number Contact Email Address Steven L. Dobbs 863.824.7644 sdobbs@stevedobbsengineering.com Leg- 1 - • • • • j - ' • • erty Parcel Identification Numbers: 2-21-37-35-0A00-00006-0000 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 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 Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a 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 LPRue Warming 1 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 Existing Proposed Future Land Use Category Single Family Residential Multi Family Residential Zoning District Holding Residential Multiple Family Use of Property Vacant/Agricultural Apartment Complex Acreage 9.12 9.12 Future Land Use, Zoning, and Existing Uses on Surrounding Properties Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use Multi -family Residential Holding Vacant Multi -family Residential Residential Multiple Family Vacant Future Land Use Map Classification South Zoning District Existing Land Use Single Family Residential Holding & Single Family Residential Vacant, Church & Single Family Res Future Land Use Map Classification Zoning District Existing Land Use `Single Family Residential Single Family Residential. Church & Single Family Residential LaRue ptanniing 2 Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA General Analysis and Staff Comments A Qualification for Amendment 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. Comprehensive Plan Analysis 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 L Rt! pianning 3 Staff Report Applicant: Rogatinsky Small Scale Comprehensive Plan Amendment 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 4 Staff Report Applicant: Rogatinsky Small Scale Comprehensive Plan Amendment 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. Recommendation 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: 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 LaRua ptanneng 5 s a s s Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS S.W. PARK ST L S.W. 2ND ST S.W. 3RD ST S.W. 4 TN ST 5 • 5 Subject Property S.W. 6TH ST '/$1,1.1. I. tTI21. 9, A. s LAND USE CLASSIFICATIONS tokians SINGLE - FAMILY RESIDENTIAL MIXED USE RESIDENTIAL - MULTI - FAMILY RESIDENTIAL - COMMERCIAL 1111 INDUSTRIAL i PUBLIC FACILITIES EASEMENT RAILROAD CENTERLINE HOPKINS MEANDER UNE UNINCORPORATED L3R. planning 6 18911 AM MI Staff Report Small Scale Comprehensive Plan Amendment Applicant: Rogatinsky Petition No. 19 -003 -SSA 11 12 4 'I'M 1•I,bi fi111 s Iy a S.W. 2ND ST 11 a • M 1, 111 S.W. 3 RD ST I� 14 • . • 1 • • 4 3 3 1 •1 1a ala 11_11, r S.W. 4TH ST 41 10 • • 7 • • • a 2 1' 1- ' a1 11 o 13 14 17 M l TH ERIE 111 71111 S.W. 6TH ST ZONING SUBJECT SITE AND ENVIRONS 200 'AiI= 201 2 4 • • W us 1 i:":13:=T:i 178 179 ZONING __ . NEL • wunD.D c* CENTRAL OUSINESS asT14CT alNEMO cwMMERcw 11111 w t oa.lEwcw NOLDAM MAITINAL 111 RADIX miCARES �... .3 16D WIT DEvQOOY®RNR[ED USE 77.1 • MEMORIAL waTITE own .. ..- 4ESOENTNl MORE NOME 1ESOB+7e & SMQE GAM .-06.1E sAQRUR 911114E 4rRxTIp 7 Staff Report Applicant: Rogatinsky Small Scale Comprehensive Plan Amendment Petition No. 19 -003 -SSA EXISTING LAND USE AERIAL OF SUBJECT SITE AND ENVIRONS rit •�i ;r'. �iS ..+li ti Ile Ail 47%' "4 '7 I. • aC 1' ,., ,.,• Pit . " _ = i • �5' �, ► ye, , 4",e .• Y ! :,•, „„...i Jr .--_ . , 1, i1A. 1# - , 1" +01..4 w ? .- \ ', 4 n. '0111. tJG-� 1 • i, \ t ;t' y P. :.:4."1 1.1.4‘71f4;•�w .0' 04 tai.1014yit 4y 7 Ar--• 7,7„1 [_ague ptanning 8 IIIDEPENDENT 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 ,County, Florida, that the attached copy of advertisement being a 1 x 0 1 , C_ A. -1'A; in the matter of � d A` 'k Ce ' CA D". in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ) 410011 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 this .L11-1% day of ='jv' `� .,a� ('t9 AD Notary Public, State of Florida at Large ANGLE BRIDGES MY COMMISSION 1 FP 976149 DfPURES:Api120,2020 Bonded Thru Notary Public Underwriters 20%q -1o15 r ti, COLake Okeech s !+ tti., 107 SW 17th Street, Suite D T9 ernes• 6. Okeec ....11:1 11.34974 Ehi,btk i-( 63- 34,9/ CITYOF OKEECHOBEE PUBLIC NOTICE FUTURE LAND USE CHANGE PROPOSED QTY ORDINANCE NOTICE ISF YGIVEN that the OtyCounctefdeayofareedrobee wit medal Rgk Hearing an Ttses., Oct. 15, 7039, at 660 PM, or as. soon then:Me� Hal 3idAve, Okeednbe,R.,tocoisid- OORDINANC'EBel readingOF YOF he Q3tarxRitORID:;AMENT6:AN THE an OFOKEECHOBEEC ' FLORIDA; 'IAM LLtlSEMAP ON A CERTAIN TRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN RWM SINGLE FAMILY RESIDENTIAL TO MULTI -FAMILY RESIDENTIAL. (APPLICATION NO. -19'-003 A); PROVIDING: FOR INCLUSION. OF ORDINANCE MD REVISED RJRlttE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICCT PR OVTIVEOIDFORSEVERABILITY;AND PROVIDING FORANEFFEC- TE The Ottrance 6 regaling Small Sole Comprehensive Plan Pob,e land Use Map Amethyst Appiation No. 19o33 -SSA, submitted by Mc Reath anbehaFafthe owreyFrankAFnbelbCartableRemah- der an 9.12+/- unplatted acres, ba8. • In the 800 to 900 bbds cf' So{{�eWpptS,eet' SOUTHWEST CORNER THATPARCELOF[AMDDESCRIBm Nr? OR. BOOK 4, P 143O6F, PUBLIC RECORDS OF OIEECHOBi£000FRY FLAMMAND BEAR SOUTH 89°53.11'WESTA[ANGTHENORTH iiUGHT-0FWAYL NE OF SW 6THSTREET, A DISTAFILTE OF 20532 FET' TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53.11 WEST TO THE INTERSECTION WITH THE EASTLU EOFBLOCK 22,CRYOF OIO04 ION ADISTANCEOF775 s0I; NENCEEARNDRTH 00°04'58" WEST ALONG THE EAST LINENE OF BLOCK 20 A DIS- TANCE OF 547.44 FEET THENCE BEAR NORTH EAST A DISTANCE OF 7753,3 FEET'DIB'KE BEAR souni On°e6vr osT ADISTANCE OF547.28FE TTOTHE'POINTOFBEGINNING. Al members of the public are encouraged to attend and parnele in said Hearing. The proposed Qrgwuoetrey be Inspected n Isentiety by mends„ of the pubic at the Otte of the aLyOertcduring normal buseshaus, Munn - Fri, 8: 3AM4:30 PM, except ferholidays ANY PERSON DECIDINGTO APPEAL. any dation made by the.. Cly Cou,oi wih respect hoary miler ooreidered at this meeting wi need to en- sure a verbatim record of the proceeding Is made and the record indudzsthe testimony and evmnoe ixn whit the appy wB be brad In accordance w#hthe Armka vrth es Act (A0n4),any WEhadbyas defined by the ADA, that needs special �j to padbpate in this ctritact the CRvaerksCfice no later than bvo business days Prior 337i1 BEADVIBDtha should Mid toshow aydaamentpicture, video or lend bo the Council n support or opposition to any tem on the a am ffathe a r video, or lam MUST be wadded to the ay 360266 CN Lane0/Oro20 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ABNEY, JR., JOHN WESLEY CITY COUNCIL MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 1414 SW 8TH DRIVE WHICH I SERVE IS A UNIT OF: CITY COUNTY 9 CITY ❑ COUNTY ❑ OTHER LOCALAGENCY OKEECHOBEE OKEECHOBEE NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED CITY OF OKEECHOBEE OCTOBER 15, 2019, AGENDA ITEM VI. B.2.c. I MY POSITION IS: Ed ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST JOHN WESLEY ABNEY, JR. hereby disclose that on OCTOBER 15 ZO 19 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, Steve Dobbs of Steven L. Dobbs Engineering, LLC inured to the special gain or loss of my relative ; inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: *Steve Dobbs is my business partner with 205 Okeechobee, LLC and is the Agent of Record for Application No. 19 -003 -SSA, Ordinance No. 1196. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. �-�- Date Filed /Si ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.31�'A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0, F.A.C.