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2020-03-17 Ex 02 Ordinance No. 1207 Page 1 of 3 ORDINANCE NO. 1207 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 COMMERCIAL (APPLICATION NO. 20- 001-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 received and reviewed a certain Application (No. 20-001-SSA), submitted by Mr. Daniel Fitzpatrick on behalf of the property owners Bravoflorida LLC and Look There, Inc., 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 February 20, 2020, which determined such request to be consistent with the Comprehensive Plan and consistent with the pattern of future land uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and finds 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 1.67 acres is hereby re- designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 20-001-SSA, from Single Family Residential to Commercial. The Legal Description of Subject Property is as follows: A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD (O.R.) BOOK 818, PAGE 923 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA; THENCE NORTH 00°05'11" WEST ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 60.96 FEET (FT) TO THE CENTERLINE OF STATE ROAD (SR) 70 (NORTH PARK STREET); THENCE NORTH 89°54'49" EAST ALONG SAID CENTERLINE A DISTANCE OF 1479.53 FT; THENCE SOUTH 00°05'11" EAST A DISTANCE OF 49.44 FT; THENCE SOUTH 89°50'26" EAST Ordinance No. 1207 Page 2 of 3 A DISTANCE OF 20.00 FT TO A NAIL AND CAP MARKING THE INTERSECTION OF SE 6TH AVENUE (VARIABLE WIDTH RIGHT-OF-WAY (R-O-W)) WITH THE SOUTHERLY R-O-W OF NORTHEAST PARK STREET (VARIABLE WIDTH R-O-W); THENCE ALONG SAID SOUTHERLY R-O-W LINE THE FOLLOWING COURSES: SOUTH 89°50'32" EAST A DISTANCE OF 30.35 FT TO A NAIL AND CAP; THENCE SOUTH 86°39'10" EAST A DISTANCE OF 163.08 FT TO A NAIL AND CAP MARKING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE CONTINUE SOUTH 86°39'10" EAST A DISTANCE OF 37.01 FT TO A NAIL AND CAP; THENCE NORTH 89°55'05" EAST A DISTANCE OF 202.00 FT TO A REBAR MARKING THE INTERSECTION OF SAID SOUTHERLY R-O-W LINE WITH THE WESTERLY TOP OF BANK OF TAYLOR CREEK; THENCE SOUTH 68°37'28" WEST ALONG SAID TOP OF BANK A DISTANCE OF 118.73 FT TO A REBAR; THENCE SOUTH 41°51'32" WEST ALONG SAID TOP OF BANK A DISTANCE OF 119.23 FT TO A REBAR; THENCE SOUTH 17°13'13" WEST ALONG SAID TOP OF BANK A DISTANCE OF 32.71 FT TO A REBAR; THENCE SOUTH 48°47'42" WEST ALONG SAID TOP OF BANK A DISTANCE OF 46.99 FT TO A REBAR MARKING THE SOUTHEAST CORNER OF SAID O.R. BOOK 818, PAGE 923; THENCE NORTH 89°47'26" WEST ALONG THE SOUTH LINE OF SAID O.R. BOOK 818, PAGE 923 A DISTANCE OF 3.78 FT TO A REBAR; THENCE NORTH 00°00'00" EAST A DISTANCE OF 196.13 FT TO THE POINT OF BEGINNING; together with THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF OKEECHOBEE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN O.R. BOOK 297, PAGE 1831, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING BOUNDED ON THE NORTH BY THE NORTH R-O-W LINE OF THE NOW ABANDONED FLORIDA EAST COAST RAILROAD, ON THE EAST BY THE WEST TOP OF BANK OF TAYLOR CREEK, ON THE WEST BY THE EAST R-O-W LINE OF SOUTHEAST 6TH AVENUE (F/K/A MEREDITH AVENUE), AS NOW CONSTRUCTED AND MAINTAINED, AND ON THE SOUTH BY THE SOUTH BOUNDARY LINE OF LOT "D," [REPLAT OF] BLOCK 252, ACCORDING TO PLAT BOOK 2, PAGE 4, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LYING IN SECTION 22, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND BEING MARE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 22, THENCE BEAR NORTH 00°05'11" WEST FOR A DISTANCE OF 60.96 FT TO THE INTERSECTION WITH THE CENTERLINE OF SR 70 (NORTH PARK ST), THENCE BEAR NORTH 89°54'49" EAST, ALONG SAID CENTERLINE OF SR 70, FOR A DISTANCE OF 1479.53 FT TO THE INTERSECTION WITH THE CENTERLINE OF NORTHEAST 6TH AVENUE EXTENDED SOUTH; THENCE BEAR SOUTH 00°05'11" EAST, ALONG SAID CENTERLINE EXTENSION FOR A DISTANCE OF 49.44 FT TO THE INTERSECTION WITH THE SAID SOUTH R-O-W LINE OF SR 70, AS NOW MAINTAINED AND LOCATED; THENCE BEAR SOUTH 89°50'26" EAST, ALONG SAID SOUTH R-O-W LINE, FOR A DISTANCE OF 20.00 FT TO THE POINT OF INTERSECTION WITH THE SAID EAST R-O-W LINE OF SOUTHEAST 6TH AVENUE. SAID POINT BEING ALSO THE NORTHWEST CORNER OF SAID O.R. BOOK 297, PAGE 1831; THENCE BEAR SOUTH 00°10'06" EAST, ALONG SAID EAST R-O-W LINE, AND ALONG THE WEST BOUNDARY LINE OF SAID O.R. BOOK 297, PAGE 1831, FOR A DISTANCE OF 135.48 FT TO A POINT; THENCE BEAR SOUTH 18°42'16" WEST, CONTINUING ALONG SAID EAST R-O-W LINE, AND ALONG SAID WEST BOUNDARY LINE FOR A DISTANCE OF 74.52 FT TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 8°42'16" WEST ALONG SAID EAST R-O-W LINE AND ALONG SAID WEST BOUNDARY LINE FOR A DISTANCE OF 105.63 FT TO A POINT; THENCE BEAR SOUTH 00°09'40" EAST, CONTINUING ALONG SAID EAST R-O-W LINE AND ALONG SAID WEST BOUNDARY LINE FOR A DISTANCE OF 199.74 FT TO THE SOUTHWEST CORNER OF SAID LOT "D", BLOCK 252; THENCE BEAR NORTH 89°54'49" EAST, ALONG THE SOUTH BOUNDARY LINE OF SAID LOT "D," BLOCK 252, FOR A DISTANCE OF 155.23 FT TO THE INTERSECTION WITH THE SAID WEST TOP OF BANK OF TAYLOR CREEK; THENCE BEAR NORTH 05°09'40" EAST, ALONG SAID WEST TOP OF BANK, FOR A DISTANCE OF 50.87 FT TO A POINT; THENCE BEAR NORTH 13°08'59" EAST, CONTINUING ALONG SAID WEST TOP OF BANK, FOR A DISTANCE OF 155.88 FT TO A POINT; THENCE BEAR NORTH 26°23'32" EAST, CONTINUING ALONG SAID WEST TOP OF BANK FOR A DISTANCE OF 81.04 FT TO A POINT; THENCE BEAR NORTH 43°06'26" EAST, CONTINUING ALONG SAID WEST TOP OF BANK FOR A DISTANCE OF 34.03 FT TO THE INTERSECTION WITH THE SAID NORTH R-O-W LINE OF THE NOW ABANDONED FLORIDA EAST COAST RAILROAD; THENCE BEAR SOUTH 89°54'49" WEST, ALONG SAID NORTH R-O-W LINE, FOR A DISTANCE OF 221.23 FT TO THE POINT OF BEGINNING. Ordinance No. 1207 Page 3 of 3 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 17th day of March, 2020, pursuant to Florida Statutes 163.3187(2). Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Bravoflorida, LLC Petition No.: 20-001-SSA Staff Report Applicant’s Name: Bravoflorida, LLC Small Scale Comprehensive Plan Amendment Petition No. 20-001-SSA 1 General Information Applicant Bravoflorida, LLC 4220 Edison Lakes Parkway Mishawaka, IN 46545 Applicant Phone Number 574.271.4600 Applicant Email Address jmeyer@qdi.com Site Address 604 NE Park Street (Owner: Bravoflorida, LLC) SE 6th Ave (Owner: Look There Inc: c/o David Conlon) Parcel Identification 3-21-37-35-0020-02520-00A0 3-21-37-35-0020-02520-00A1 Contact Person DJ Fitzpatrick, Bravoflorida, LLC 3018 US Hwy 301 N Tampa, FL Contact Phone Number 813.559.8256 Contact Email Address rkendall@qdi.com Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) involving two parcels. A Burger King restaurant currently exists on the northern 1.32 acre parcel. The southern 1.26 acre parcel is currently vacant and under contract to purchase by the Applicant. The applicant intends to demolish the existing structure and redevelop with a new Burger King restaurant with increased drive through and parking capacity. The area that is currently occupied by the restaurant and parking facilities is already designated Commercial on the Future Land Use Map (FLUM). The remainder of that parcel and the entirety of the southern parcel is currently designated Single Family Residential on the FLUM. Combined, the two parcels total 2.58 acres. The total area that the applicant is requesting to change from Single Family Residential to Commercial is 1.67 acres. The Applicant is not proposing to utilize the entire 2.58 acres for the new restaurant. The restaurant redevelopment will occupy 1.75 acres and the remaining 0.83 acres of the southern parcel is proposed to be reserved for future development. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps. Staff Report Applicant’s Name: Bravoflorida, LLC Small Scale Comprehensive Plan Amendment Petition No. 20-001-SSA 2 Future Land Use, Zoning and Existing Use Existing Proposed Future Land Use Single Family Residential Commercial Zoning District Heavy Commercial Heavy Commercial Use of Property Vacant Burger King Restaurant Acreage 1.67 acres 1.67 acres Future Land Use, Zoning, and Existing Use on Surrounding Properties North Future Land Use Commercial Zoning District Heavy Commercial Existing Use Stores and Restaurants East Future Land Use Taylor Creek Zoning District Taylor Creek Existing Use Taylor Creek South Future Land Use Single Family Residential Zoning District Heavy Commercial Existing Use Outdoor Vehicle Storage West Future Land Use Commercial and Single Family Residential Zoning District Heavy Commercial Existing Use Convenience Store, FPL Utilities General Analysis and Staff Comments A Qualification for Amendment Based on the size of the property (1.67 acres) this application qualifies under Chapter 163, F.S. as a Small-Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. B. Current and Future Development Potential as Single-Family Residential The maximum standard density allowable in the Single-Family Residential Future Land Use Category is four units per acre or five if the units qualify as affordable housing. With the affordable housing bonus, maximum development potential for 1.67 acres would be eight single-family dwellings. However, in order to develop single family dwelling units at Staff Report Applicant’s Name: Bravoflorida, LLC Small Scale Comprehensive Plan Amendment Petition No. 20-001-SSA 3 this property, a zoning map amendment would be required, as single family dwelling units are not permitted in the Heavy Commercial Zoning District; and since this property is located along the City’s commercial corridor, it would not be appropriate to allow a change in the zoning of this property to single family. Thus, due to the location of this property and the current inconsistency between the future land use and the zoning designation of this property, there is very low practical development potential of this property as single family residential. C. Future Development Potential as Commercial 1. Maximum Future Development Potential While the Commercial Future Land Use category allows for a maximum FAR of 3.0, the Heavy Commercial zoning district only allows a maximum building coverage of 50% and a maximum building height of 45 feet (without a special use exception). These limitations allow for a potential four story structure, a maximum FAR of 2.0 and a maximum floor area of approximately 145,000 square feet. However, given the parking requirements for most commercial uses and the maximum impervious surface ratio allowed in the Heavy Commercial of 85%, it would be difficult to provide sufficient parking for 145,000 square feet of commercial use and the maximum floor area would likely be further limited by the ability to provide sufficient parking. Additionally, given the character of Okeechobee, it would be unusual to exceed two stories. A two-story structure with 50% building coverage on 1.67 acres would have a floor area of 72,745 square feet. 2. Proposed Use The Applicant intends to continue the Burger King restaurant use, utilizing 1.75 acres for redevelopment of the restaurant and associated parking facility and reserving 0.83 acres for future development. The existing Burger King structure is 2,720 square feet with 80 customer seats and a single lane drive through. The proposed structure is 3,910 square feet with 70 customer seats and dual drive through ordering lanes which merge into a single lane for payment and pickup. The applicant has not proposed a specific use for the remaining 0.83 acres that will be reserved for future development. 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 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas and shall discourage urban sprawl. Staff Report Applicant’s Name: Bravoflorida, LLC Small Scale Comprehensive Plan Amendment Petition No. 20-001-SSA 4 This property is directly adjacent to SR 70 (Park Street), which is one of the City’s commercial corridors, and is adjacent to other existing non-residential uses. The continuation and expansion of the Burger King restaurant use is appropriate in this location and compatible with the adjacent uses. B. Adequacy of Public Facilities Traffic Impacts The current future land use map designation of the subject property is single family and the applicant is requesting a map change to commercial. As previously stated, the 1.67 acres of single family designated property represents the potential to develop a maximum of eight dwelling units. However, that potential is theoretical, as single family development at this site would require a zoning map change which is contrary to the existing commercial corridor land use pattern. So, instead of considering the increase in vehicle trips from a theoretical single family use to a commercial use, it may be more appropriate to consider the expected increase in vehicle trips that will be generated by the applicant’s proposed redevelopment. To that end, the applicant has provided a traffic impact statement (TIS) which demonstrates the difference between the existing Burger King restaurant and the proposed redeveloped Burger King restaurant in terms of net increase of driveway trips and net increase in external trips. Driveway trips typically refers to the total number of vehicles that turn into the driveway. However, it is estimated that about half of the vehicles that turn into drive-through fast food restaurant driveways are stopping by on the way to other destinations. These are known as pass-by trips. After subtracting the pass-by trips from the total driveway trips, the remainder of the driveway trips are known as external trips. External trips are assumed to be trips generated entirely by the subject use (Burger King in this case). Since pass-by trips are vehicles that are already using the roadway, the increase in external vehicle trips may be a more appropriate measure of the impacts of the proposed development than the increase in total driveway trips. The provided TIS summarizes the following estimated vehicle trip increases between the existing and proposed: • 560 new daily driveway trips from the currently estimated 1,281 • 336 new daily external trips from the currently estimated 760 • 48 new am peak hour driveway trips from the currently estimated 109 • 24 new am peak hour external trips from the currently estimated 56 • 39 new pm peak hour driveway trips from the currently estimated 89 • 20 new pm peak hour external trips from the currently estimated 45 These estimates represent a 44% increase in vehicle trips from the previous development. The Florida Department of Transportation’s most recent annual average daily traffic count for this segment of SR 70 is 25,500 vehicle trips. Adding another 336 vehicle trips is not a significant increase (about 1.3%). Staff Report Applicant’s Name: Bravoflorida, LLC Small Scale Comprehensive Plan Amendment Petition No. 20-001-SSA 5 The remaining 0.83 acres will also generate traffic once it is developed; though the Applicant has not provided a TIS for this area. Since no particular commercial use is being proposed at this time, it is difficult to estimate traffic impacts. The potential uses that are permitted in the Heavy Commercial district can vary widely in traffic generation. One of the more intensive potential uses would be a 24-hour convenience store. If a 2,000 square foot convenient store were to be built on this 0.85 acre lot, the Institute of Traffic Engineers estimates it would generate approximately 1,476 daily vehicle trips with about 105 of those trips being pm peak hour vehicle trips. This would also not be a significant increase in vehicle trips. Demand for Potable Water and Sewer Treatment Potable water and sanitary sewer service are currently provided by the Okeechobee Utility Authority. The applicant has stated that meter size will remain the same and 900 gallons per day is typical for a Burger King restaurant. If the remaining 0.83 acres is developed to the likely practical maximum potential square footage (single story structure accounting for surface parking), a 10,000 square foot structure could potentially be developed at the site. The City estimates non-residential water and sewer usage at 0.15 gallons per square foot, which equates to approximately 1,500 gallons per day. Solid Waste Waste Management operates the regional solid waste landfill and currently provides solid waste disposal for the Burger King restaurant. There is adequate capacity to accommodate the redeveloped restaurant and whatever use locates on the remaining parcel. C. Environmental Impacts The Applicant has stated there are no wetlands on the site, the existing soils do not limit the proposed development, no unique habitat exists on site, and there are no known or visible endangered species present. A small portion of the site adjacent to Taylor Creek is within a flood zone. A flood zone map is included in the Applicant’s submittal for review. Staff Report Applicant’s Name: Bravoflorida, LLC Small Scale Comprehensive Plan Amendment Petition No. 20-001-SSA 6 Recommendation Based on the foregoing analysis, we find the requested Commercial 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. Therefore, we recommend Approval of the Applicant’s request to amend the Comprehensive Plan to designate the subject property as Commercial on the City’s Future Land Use Map. Submitted by: Ben Smith, AICP Sr. Planner, LaRue Planning February 12, 2020 Planning Board Public Hearing: February 20, 2020 City Council Public Hearing: March 17, 2020 (tentative) Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Existing Land Use Aerial, Subject Site & Environs Staff Report Applicant’s Name: Bravoflorida, LLC Small Scale Comprehensive Plan Amendment Petition No. 20-001-SSA 7 FUTURE LAND USE SUBJECT SITE AND ENVIRONS Staff Report Applicant’s Name: Bravoflorida, LLC Small Scale Comprehensive Plan Amendment Petition No. 20-001-SSA 8 ZONING SUBJECT SITE AND ENVIRONS Staff Report Applicant’s Name: Bravoflorida, LLC Small Scale Comprehensive Plan Amendment Petition No. 20-001-SSA 9 EXISTING LAND USE AERIAL OF SUBJECT SITE AND ENVIRONS February 20, 2020 Regular Meeting Page 1 of 3 CITY OF OKEECHOBEE, FLORIDA FEBRUARY 20, 2020, PLANNING BOARD MEETING DRAFT SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular meeting of the Planning Board for the City of Okeechobee to order on Thursday, February 20, 2020, at 6:05 P.M. in the City Council Chambers, 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. b) The Pledge of Allegiance was led by Chairperson Hoover. II. ATTENDANCE Planning Board Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice-Chairperson Doug McCoy, Board Members Phil Baughman, Karyne Brass, Rick Chartier, and Mac Jonassaint were present. Alternate Board Member Jim Shaw was present. Board Member Les McCreary was absent with consent and Alternate Board Member Felix Granados was absent without consent. CITY STAFF: City Attorney Carlyn Kowalsky and City Planning Consultant Ben Smith were present. Chairperson Hoover moved Alternate Board Member Shaw to voting position. III. AGENDA A. A motion was made by Member Brass to defer to the next meeting scheduled for March 19, 2020 at 6:00 P.M., Public Hearing Item VI.B. and Quasi-Judicial Item VII.A. [Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 20-002-SSA, from Single Family Residential (SF) and Multi-Family Residential (MF) to Industrial on 2.87± acres located in the 500 to 600 blocks of Southwest 7th Avenue; and Rezoning Petition No. 20-001-R, from Residential Multiple Family (RMF) to Industrial on 2.87± acres located in the 500 to 600 blocks of Southwest 7th Avenue]; seconded by Member Baughman. Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint, and Shaw voted: Aye. Nays: None. Motion Carried. B. A motion was made to adopt the amended agenda by Member Baughman; seconded by Member Brass. Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint, and Shaw voted: Aye. Nays: None. Motion Carried. IV. MINUTES A. A motion was made by Member Chartier to defer until the next meeting scheduled for March 19, 2020 at 6:00 P.M., the dispensing of the reading and approval of the Minutes for the November 21, 2019 Workshop; seconded by Member McCoy. Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint, and Shaw voted: Aye. Nays: None. Motion Carried. A motion was made by Member Brass to dispense with the reading and approve the December 19, 2019 Regular Meeting minutes seconded by Member Baughman. Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint, and Shaw voted: Aye. Nays: None. Motion Carried. February 20, 2020 Regular Meeting Page 2 of 3 V. UNFINISHED BUSINESS A. Chairperson Hoover yielded the floor to City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services. He referenced his Staff Report explaining that each year the City is required to update its Five-Year Schedule of Capital Improvements in the Capital Improvements Element (CIE) of the Comprehensive Plan. This Schedule typically includes those capital expenditures the City Administrator feels are necessary to maintain the adopted Level of Service Standards identified in the Comprehensive Plan. These usually deal with public works types of improvements such as street paving, sidewalks, curb and gutter, stormwater/drainage, and recreation improvements. The City is also required to include in its Five-Year Schedule, the Okeechobee County School Capacity Program adopted by the School Board each year as part of its annual work plan. His recommendation is to update the CIE with the information provided on page 9-10 of Exhibit A which would replace page 9-8 of the current CIE. Page 9-9 of Exhibit A will be replaced with the new information received on page 9-11 by the School Board. There were no questions from the Board Members and no one from the Public offered comments. A motion was offered by Member Brass to the recommend to the City Council approval of the updated schedule to the CIE Five-Year Schedule, finding it to be consistent with the Comprehensive Plan; seconded by Member McCoy. Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint, and Shaw voted: Aye. Nays: None. Motion Carried. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively April 7, 2020, 6:00 P.M. VI. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:12 P.M. A. Mr. Smith briefly reviewed the Planning Staff Report for Comprehensive Plan Small Scale FLUM Amendment Application No. 20-001-SSA, which requests to change the Future Land Use (FLU) designation from SF Residential to Commercial, on 0.41± acres located at 604 Northeast Park Street and 1.26± acres located along Southeast 6th Avenue. He explained the area that is currently occupied by a Burger King restaurant and parking facilities is already designated Commercial on the FLUM. The remainder of that parcel and the entirety of the Southern parcel is designated SF Residential on the FLUM. The Applicant intends to demolish the existing structure and redevelop with a new Burger King restaurant with increased drive through and parking capacity. Utilizing 1.75 acres for redevelopment of the restaurant and associated parking facility and reserving 0.83 acres for future development. The existing Burger King structure is 2,720 square feet with 80 customer seats and a single lane drive through. The proposed structure is 3,910 square feet with 70 customer seats and dual drive through ordering lanes which merge into a single lane for payment and pickup. The applicant has not proposed a specific use for the remaining 0.83 acres that will be reserved for future development. Mr. Smith further commented that the Technical Review Committee reviewed the site plan this morning and made a motion for approval with approval of this FLUM change as a contingency. The maximum standard density allowable in the SF Residential FLU Category is four units per acre or five if the units qualify as affordable housing. With the affordable housing bonus, maximum development potential for 1.67 acres would be eight single-family dwellings. However, in order to develop single family dwelling units at this property, a zoning map amendment would be required, as single family dwelling units are not permitted in the Heavy Commercial, (CHV) Zoning District; and since this property is located along the City’s commercial corridor, it would not be appropriate to allow a change in the zoning of this property to single family. While the Commercial FLU category allows for a maximum floor area ratio (FAR) of 3.0, the CHV zoning district only allows a maximum building coverage of 50 percent and a maximum building height of 45 feet (without a special exception approval). These limitations allow for a potential four-story structure, a maximum FAR of 2.0 and a maximum floor area of approximately 145,000 square feet. However, given the parking requirements for most commercial uses and the maximum impervious surface ratio allowed in the CHV zoning district of 85 percent, it would be difficult to provide sufficient parking for 145,000 square feet of commercial use. February 20, 2020 Regular Meeting Page 3 of 3 1. Mr. Robin Kendall, representative for the Applicant, Bravoflorida, LLC, was present and available for questions from the Board. There were none. 2. Chairperson Hoover opened the floor for public comment and there was none. 3. No Ex-Parte disclosures were offered from Board Members. 4. Planning Staff findings are as follows: The Application was found to be consistent with the City’s Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the FLU Element. The subject property is directly adjacent to State Road 70 (Park Street), which is one of the City’s commercial corridors, and is adjacent to other existing non-residential uses. The continuation and expansion of the Burger King restaurant use is appropriate in this location and compatible with adjacent uses. Regarding adequacy of public facilities, services will continue to be provided by the Okeechobee Utility Authority (OUA) and there will be adequate excess capacity to accommodate the demand for potable water and wastewater treatment that would be associated with the proposed development. The Applicant has stated there are no wetlands on the site, and the site has no significant or unique characteristics regarding environmental sensitivity, wildlife habitat, or soil conditions. A small portion of the site adjacent to Taylor Creek is within a flood zone. A traffic impact statement prepared by RAYSOR Transportation Consulting, LLC was submitted and indicates that the proposed redevelopment is expected to generate an increase of 336 net new daily external vehicle trips, 24 net new external AM peak hour trips, and 20 net new external PM peak hour trips. These projected increases are not expected to have a significant impact on the surrounding roadway network. A motion was offered by Member Chartier to recommend approval to the City Council for Comprehensive Plan Small Scale FLUM Amendment Application No. 20-001-SSA, which requests to change the Future Land Use (FLU) designation from SF Residential to Commercial, on 0.41± acres located at 604 Northeast Park Street and 1.26± acres located along Southeast 6th Avenue and find it to be consistent with the Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area; seconded by Member Jonassaint. a) The board offered no further discussion. b) Chairperson Hoover, Vice Chairperson McCoy, Board Members Baughman, Brass, Chartier, Jonassaint, and Shaw voted: Aye. Nays: None. Motion Carried. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively March 17, 2020, 6:00 P.M. B. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No 20- 002-SSA, from Single Family Residential and Multi-Family Residential to Industrial on 2.87± acres located in the 500 to 600 blocks of Southwest 7th Avenue was deferred until the March 19, 2020 Regular Meeting. VII. PUBLIC HEARING-QUASI-JUDICAL ITEM A. Rezoning Petition No. 20-001-R was deferred until the March 19, 2020 Regular Meeting. CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:17 P.M. VIII. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:17 P.M. Dawn T. Hoover, Chairperson ATTEST: Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services’ media are for the sole purpose of backup for official records.