2019-11-21M
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CITY OF OKEECHOBEE, FLORIDA
NOVEMBER 217 9 2019 PLANNING BOARD MEETING
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SUMMARY OF BOARD DISCUSSION
I. CALL TO ORDS=R
Chairperson Hoover called the Planning Board workshop for the City of Okeechobee to order on
Thursday, November 21, 2019, at 6:05 P.M. in the City Council Chambers, 55 Southeast 3rd
Avenue, Room 200, Okeechobee, Florida.
A. The Pledge of Allegiance was led by Chairperson Hoover.
IL ATTENDANCE
Board Secretary Burnette called the roll. Chairperson Dawn Hoover, Vice -Chairperson Doug
McCoy, Regular Board Members Karyne Brass, Rick Chartier, Mac Jonassaint, and Alternate
Board Member ,Jim Shaw were present. Regular Board Member Phil Baughman was absent
without consent and Regular Board Member Les McCreary and Alternate Board Member Felix
Granados were absent with consent.
CITY STAFF: City Planning Consultant Ben Smith was present and City Attorney John Cook
was absent with consent.
III. ITEMS OF DISCUSSION
Mr. Ben Smith of LaRue Planning and Management Services was present as the City's Planning
Consultant and briefly reviewed a Staff Report dated November 21, 2019 summarizing
inconsistencies between the City's Future Land Use Map (FLUM) and the Zoning Map. Mr. Smith
explained the City's FLUM should be a guide to future planning which reflects the City's desired
patterns of land use. As such, the FLUM designates properties with broad land use categories,
industrial, comrriercial, public, single family residential and multifamily residential, while the
zoning map further implements the FLUM with more specific zoning categories or districts that
fit within each future land use designation. Additionally, the actual existing land use of the
property should be consistent with both the FLUM and the Zoning Map.
He continued, explaining throughout the City, there are properties with inconsistencies between
the FLUM and zoning designations and properties with inconsistencies between map
designations and the existing land use. Often, both types of inconsistencies exist on a single
parcel. From his understanding, most of these inconsistencies resulted from a remapping that
was done years ago, whereby perceived, unverified existing land use determinations were used
as the basis for the remapping. These inconsistencies have been a persistent issue, causing
problems for property owners and policy makers. Typically, it is incumbent upon a property
owner to request a FLUM amendment or a rezoning and to cover the costs of the request. Under
an owner -initiated request, the owner must pay an application fee and advertising costs, as well
as provide evidence and support for the map change. Often, this necessitates that the owner
hires a professional to navigate the process and provide the supporting documentation.
However, since many properties were redesignated without any input from property owners, or
adequate notification provided to the property owners, it could be viewed the City should be
responsible to correct these inconsistencies as best possible with city -initiated map changes that
are favorable for both the property owner and the community.
He presented two strategies that the City can adopt to address these issues. First, adopt a policy
to allow property owners to request City initiated map changes. Under this course of action, the
City would establish a program whereby property owners could approach the City and request
that the City perform a city -initiated map change. Should staff find there is evidence of a map
inconsistency that is not the result of actions by a present or previous property owner, then the
City would initiate the map change and cover all related costs. Second, adopt a policy to notify
property owners that the City will be initiating the map changes. Under this course of action, the
City would identify map inconsistencies, decide on an appropriate map change, notify property
owners that their property will be redesignated, then begin city -initiated map changes.
November 21, 2019 Regular Meeting Page 1 of 2
N
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Ill. ITEMS OF DISCUSSION CONTINUED
Additionally, the Board needs to consider amending the City's Comprehensive Plan to identify a
Commercial Corridor Overlay and a Transitional Commercial Overlay. Many of these map
inconsistencies are related to properties in and around the City's commercial corridors, which
are generally recognized as the area within two blocks of North Park Street (State Road 70) and
Parrot Avenue (US Highway 441). Several years ago, the City began the process of amending
the Future Land Use Element of the Comprehensive Plan to officially identify these areas and to
set new policies. For several reasons, this proposed amendment was not adopted. However,
Mr. Smith recommends that the City consider revisiting this proposal as it can provide guidance
for the above map changes that are now being discussed.
The consensus of the Board after discussion was to move forward with the Comprehensive Plan
Amendment to identify the areas as the Commercial Corridor Overlay and the Transitional
Commercial Overlay corridors. In addition, pursue a program allowing property owners with map
conflicts to request changes which would correct the conflicts and be consistent with the
proposed Corridor Comprehensive Plan Amendment. The City would cover the costs of those
map changes if they meet those criteria.
IV. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 6:50
P.M.
Dawn. T. Hoover, Chairperson
ATTEST:
P q
Patty M. 8urnette, 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.
November 21, 2019 Regular Meeting Page 2 of 2
CITY OF OKEECHOBEE
NOVEMBER 21, 2019
PLANNING BOARD WORKSHOP
HANDWRITTEN MINUTES
I. CALL TO ORDER -Chairperson: November 21, 2019 Planning Board Workshop Meeting, called to order by Chair
Hoover at P.M.
II. OPENING CEREMONIES: Pledge of allegiance - Chairperson
III. CHAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary
Present Absent
Chairperson Hoover
✓
Vice Chairperson McCoy
Board Member Baughman
Board Member Brass
Board Member Chartier
Board Member Jonassaint
✓
_✓__
Board Member McCreary
-. -. ........_ -_.... _ ........... - —
Alternate Board Member Granados
_
�6�Pars
_ _ _
✓cv con
Alternate Board Member Shaw rn��Q�
✓
Planning Consultant Smith
✓
Board Attorney Cook
L... Board Secretary Burnette
✓
,J
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IV. ITEM OF DISCUSSION – Chairperson
A. Planning Staff Report Topics (Exhibit 1).
1. Amending the City's Comprehensive Plan to identify proposed boundaries of a Commercial Corridor
and a Transitional Commercial Overlay and the land use policies for properties within the boundaries of
those areas.
IV. ITEM OF DISCUSSION CONTINUED
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2. Potential policies to address inconsistencies between the City's Future Land Use and Zoning maps.
IV. ITEM OF DISCUSSION CONTINUED
V. ADJOURN — Chairperson.
There being no furi:her items on the agenda, Chair adjourned the Planning Board Workshop Meeting at
p.m.
Patty Burnette
From: Ben Smith <ben@larueplanning.com>
Sent: Thursday, January 9, 2020 5:42 PM
To: Patty Burnette
Subject: RE: November Planning Board Workshop
What I got was:
1) They supported moving forward with the Comprehensive Plan Amendment to create the corridors
2) That we should pursue a program allowing property owners with map conflicts to come recluest FLUM and
Zoning Map changes which correct the conflicts and are consistent with the proposed Corridor Comprehensive
Plan Amendment; and that the City would cover the costs of those map changes if they meet those criteria.
What I haven't decided (and wouldn't mind your input and/or Marcos' input on) is whether the authorization for
this program could be done through a simple resolution or LDC text amendment with the creation of a new
application. I'm leaning towards the latter.
These would be the first steps. Next would be addressing the other map conflicts outside the corridors. And next could
be addressing the Holding district situation. Without knowing how much participation we'll have from the public in this,
think it makes sense to break everything up into manageable bites.
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LaRue
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239-33 F-3366 Len(,Aarue planiiin,.com
From: Patty Burnette<pburnette@cityofokeechobee.com>
Sent: Thursday, January 9, 2020 4:40 PM
To: Ben Smith <ben@larueplanning.com>
Subject: November Planning Board Workshop
Hi Ben.
am trying to finish up the Workshop Minutes from the November Planning Board Meeting and have a
couple of questions:
First I have listened to the recording because I did not have anything noted regarding whether the
consensus was to amend the City's Comp Plan to identify a Commercial Corridor and a Transitional
Overlay? I hear it mentioned about how we call it that and that it was spoken about before but did they
give you direction so that you could bring this topic back in Ordinance form?
Then I am confused as to what choice they gave consensus on in handling the conflicts? I again listened
to the recording and it sounds like they wanted to look at only the FLUM first in the Commercial Corridor
that I don't know if they ever gave consensus to label it that? Before Bill had identified all the conflicts by
giving the Zoning, FLU and the use. Then made a recommendation as to whether to change the FLUM or
Zoning map. Confused as to what they wanted and how it would work.
Thank you for your help and if you need to call to discuss that is fine.
Path M. Burnette
Cj. eneraCServices Coordinator
City of Okeechobee
SS SE 3rdAvenue
Okeechobee, P.- 34974
Phone: (863) 763-3372 ext. 9820
Direct: (863) 763-9820
Fax: (863 763-1686
e-mail: �2buriicmCxcittiiofokeecho6ee.co7n
website: www.cituoEokeec6obee.coni
NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials
and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public
records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead,
contact our office by phone or in writing.
.Of•OKFFCy CITY OF OKEECHOBEE
a
PLANNING BOARD WORKSHOP
91
NOVEMBER 21, 2019, OFFICIAL AGENDA
PAGE 1 OF 1
I. CALL TO ORDER — Chairperson: November 21, 2019, Workshop, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida.
II. OPENING CEREMONIES: Pledge of Allegiance led by Chairperson.
CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE — Secretary
Chairperson Dawn Hoover
Alternate Board Member Felix Granados
Vice -Chairperson Doug McCoy
Alternate Board Member Jim Shaw
Board Member Phil Baughman
Administrator Marcos Montes De Oca
Board Member Karyne Brass
Board Attorney John R. Cook
Board Member Rick Chartier
City Planning Consultant Ben Smith
Board Member Mac Jonassaint
Board Secretary Patty Burnette
Board Member Les McCreary
IV. ITEMS OF DISCUSSION — Chairperson
A. Planning Staff Report Topics (Exhibit 1).
1. Amending the City's Comprehensive Plan to identify proposed boundaries of a Commercial Corridor and a Transitional Commercial Overlay and the land
use policies for properties within the boundaries of those areas.
2. Potential policies to address inconsistencies between the City's Future Land Use and Zoning maps.
V. ADJOURN WORKSHOP — Chairperson
'Per Resolution No. 1997-05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose
any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte
communication are given a reasonable opportunity to refute or respond.
ANY PERSON DECIDING TO APPEAL any decision made by the Board with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record
includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department.
In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services
Department, no later than two business days prior to the proceeding, 863-763-3372.
Lake Okeech 'VNews
107 SW 17th r2;et, Suife' j1
ANDEPENDENTOkeechobee, drid4{ ,,974 '``�
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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 Count�yY, Florida, that the attached
copy of advertisement being a �1"`i I(',
in the matter of $�'CA
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
Affiant further says that the said Lake Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Z��
Katrina Elsken
Sworn to and subscribed before me this i
day of, ��.1' Ctir� '`t E r�� VAD
Notary Public, State of Florida at Large
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Staff Report
To: Okeechobee Planning Board
From: Ben Smith, AICP
Date: November 21, 2019
Subject: Land Development Code Workshop- Map Inconsistencies
The City's Future Land Use Map (FLUM) should be a guide to future planning which reflects
the City's desired patterns of land use. As such, the FLUM designates properties with broad
land use categories (e.g. industrial, commercial, public, single family residential and
multifamily residential), while the zoning map further implements the FLUM with more
specific zoning categories or districts that fit within each future land use designation.
Additionally, the actual existing land use of the property should be consistent with both the
FLUM and the Zoning Map.
Throughout the City, there are properties with map inconsistencies. These are properties
with inconsistencies between the FLUM and zoning designations and properties with
inconsistencies between map designations and the existing land use. Often, both types of
inconsistency exist on a single parcel. From staff's understanding, most of these
inconsistencies are the result of a remapping that was done years ago, whereby perceived,
unverified existing land use determinations were used as the basis for the remapping.
These inconsistencies have been a persistent issue, causing problems for property owners
and policy makers.
Typically, it is incumbent upon a property owner to request a FLUM amendment or a
rezoning and to cover the costs of the request. These requests are known as owner -
initiated rnap changes. Under an owner -initiated request, the owner must pay an
application fee and advertising costs, as well as provide evidence and support for the map
change. Often, this necessitates that the owner hires a professional to navigate the process
and provide the supporting documentation. However, since many properties were
redesignated without any input from property owners, or adequate notification provided to
the property owners, it could be viewed that the City should be responsible to correct these
inconsistencies as best possible with city -initiated map changes that are favorable for both
the property owner and the community. There are several strategies that the City can now
adopt to address these issues, outlined as follows:
providing planning and management solutions for local governments
t 37 i Jac 6 -on trcet,.juite 206 Fort N49crs, FL 339oi 239-33'x'-3366 www.larueplannin_g.com
Adopt a policy to allow property owners to request City initiated map changes
Under this course of action, the City would establish a program whereby property
owners could approach the City and request that the City perform a city -initiated
map change. If staff finds that there is evidence of a map inconsistency that is not
the result of actions by a present or previous property owner, then the City would
initiate the map change and cover all related costs. If the Board deems that his policy
is favorable, then staff can begin preparing a resolution for the Council to adopt,
which authorizes this action.
Adopt a policy to notify property owners that the City will be initiatinq map changes
Under this course of action, the City would identify map inconsistencies, decide on
an appropriate map change, notify property owners that their property will be
redesignated, then begin city -initiated map changes. If the Board deems that his
policy is favorable, then staff can begin preparing a resolution for the Council to
adopt, whish authorizes this action.
Amend the City's Comprehensive Plan to identify a Commercial Corridor Overlay and a
Transitional Commercial Overlay
Many of these map inconsistencies are related to properties in and around the City's
commercial corridors, which are generally recognized as the area within two blocks
of North Park Street (SR 70) and Parrot Avenue (US 441). Several years ago, the
City began the process of amending the Future Land Use Element of the
Comprehensive Plan to officially identify this area as the Commercial Corridor
Overlay and the Transitional Commercial Overlay and to set new policies for these
new overlay areas.
For several reasons, this proposed amendment was not adopted. However, staff
now recommends that the City consider revisiting this proposal as it can provide
guidance for the above map changes that are now being discussed. See below
proposed Policy and Map amendments. If the Board agrees with this proposed
Comprehensive Plan Amendment, then staff will begin the amendment process.
L aRuo
pinning
Exhibit 3, Attachment A, Page A-8 through
Page A-9
II< Changes to the Future Land Use Element relating to the Commercial Corridor
and Transitional Commercial Overlay
Policy 2.1: The following land use designations are established for the purpose of
managing future growth:
d) Commercial.
3. In recognition of the importance of the SR 70 and US 441 as
the city's primary commercial corridor roadways, the City has
identified the Commercial Corridor as being that area
generally within two blocks of each of these roadway
delineated on Map 1.2 in the Future Land Use Map Series.
4. The City is interested in following a considered, limited, and
consistent approach to allow expansion of commercial and
mixed-use opportunities gradually outward from established
commercial corridor roadways to eliminate uncertainty and
foster infill and compatibility with existing development. To
this end, the City has delineated the Transitional Commercial
Overlay Future Land Use Subcategory on Map 1.2 in the
Future Land Use Map Series. This category is intended to:
a. Provide additional and varied commercial oppertunities
in locations in close proximity to the City's major
arterials and adjacent to residential areas.
b. Permit the continuation of a wide variety of existin =
residential. commercial, industrial and public and semi-
public uses as allowed within the RSF1, RMF, CPO,
CLT, CHV CBD, IND and PUB zoning districts.
C. Limit rezonM2 of lands within this Future Land Use
category only to the RMF, CLT, CPO, CBD or PUB
zoning districts, thereby providing a transition from more
intense development along the major arterials to lessen
intensitv closer to residential areas.
d. Allow mixed residential and commercial uses on the
same parcel.
L!'-__-
SenIng. Florida Local Governments SinCQ 1988
Map 1.2 (proposed)
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COMMERCIAL CORRIDOR AND
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MAY 16, 2013 - PLANNING BOARD - PAGE 7 OF 9
11 AGENDA III ACTION - DISCUSSION - VOTE 11
V. PUBLIC HEARING CONTINUED.
D. Consider Comprehensive Plan Text Amendments to the Future Land
Use Element to (1) Accommodate adding Map 1.2 "Commercial
Corridor and Transitional Commercial Overlay Areas'; (2) Provide the
purpose of Map 1.2 is to recognize the importance of ParrottAvenue,
North Park Street, and the area generally within two blocks of each
of these roadways; and (3) List provisions of the Transitional
Commercial Overlaywhich explains the City's consistent approach to
allow expansion of Commercial and Mixed -Use opportunities to
eliminate uncertainty, foster infill, and compatibility with existing
development - Senior Planner (Exhibit 3, Attachment A, Page A-8
through Page A-9).
1. Hear from Planning Staff.
2. Public comments or questions from those in attendance, or
submitted to the Board Secretary.
Consider Comprehensive Plan Text Amendments to the Future Land Use Element to (1) Accommodate adding Map 1.2
"Commercial Corridor and Transitional Commercial Overlay Areas;" (2) Provide the purpose of Map 1.2 is to recognize
the importance of ParrottAvenue, North Park Street, and the area generally within two blocks of each of these roadways;
and (3) List provisions of the Transitional Commercial Overlay which explains the City's consistent approach to allow
expansion of Commercial and Mixed -Use opportunities to eliminate uncertainty, foster infill, and compatibility with existing
development.
Planner Brisson explained the Commercial Corridor has been identified as that area generally within two blocks of North
Park Street (SR70) and Parrott Avenue (US Hwy 441). The Transitional Commercial Overlay area is identified as the
second block out from the major arterial roadway. These are less intensive uses as this area is adjacent to residential
areas and less intrusive. Any Zoning designation or use that exists now will continue and is only affected should a
property owner wish to rezone. This would give owners better knowledge of what they will be able to do. Future
Rezoning's would be limited to Residential Multiple Family, Light Commercial, Commercial Professional Office, Central
Business District, or Public Use districts.
Chairperson Pro -Tem Brass asked whether there were any comments or questions from those in attendance. Mr Jason
Tomlison, 212 Southwest 3rd Avenue addressed the Board with concerns that should this area that is being identified
as the Transitional Commercial Overlay be established, he would not be able to petition for his property to be rezoned
to Heavy Commercial (CHV). He purchased Lots 1 through 3, Block 175, City of Okeechobee, with the intention of
rezoning to CHV sometime in the future. Currently the property is zoned Residential Multiple Family, with CHV zoning
surrounding it.
Mr. Thomas Hoover, 2473 Southwest 24' Avenue and business owner of Kahootz Draft House Inc., was also concerned
with not being able to request CHV zoning. He had always thought that his property, Lots 4 through 6, Block 161, City
of Okeechobee, was zoned CHV, though it is really Central Business District, and believes he should have the option
to petition a rezoning. Additionally, the establishment of the Overlay would limit how owners market their property.
Ms. Glenda Fulwider, 908 Southwest 2"d Avenue, added an individual should have the opportunity to ask for a certain
zoning even though that might not be granted. They would at least be able to voice their opinion where as they would
not all have that opportunity should this overlay be identified.
MAY 16, 2013 - PLANNING BOARD - PAGE 8 OF 9
II AGENDA III ACTION - DISCUSSION - VOTE II
V. PUBLIC HEARING CONTINUED.
D. 3. Disclosure of Ex -Parte communications by the Board.
4. a) Consideration of a motion to recommend the City Council
approve or deny Text Amendment.
b) Board discussion.
c) Vote on motion
CLOSE PUBLIC HEARING - CHAIRPERSON.
VI, NEW BUSINESS.
A. Discuss proposed amendments to the Land Development
Regulations - Chairperson.
Chairperson Pro -Tem Brass asked whether Board Members had ex -parte communications to disclose for the record.
She then disclosed that her residence is located within this proposed Transitional Commercial Overlay area and will be
abstaining from voting. Board Member Creasman asked Attorney Cook whether he needed to disclose anything as he
rents from a property owner in this overlay area. Attorney Cook responded no.
Board Member Baughman made a motion to recommend the City Council amend the Comprehensive Plan Future Land
Use Element to (1) Accommodate adding Map 1.2 identifying the Commercial Corridor only, (2) Provide additional and
varied commercial opportunities in locations in close proximity to the City's major arterials and adjacent to residential
areas; and (3) Allow mixed residential and commercial uses on the same parcel; seconded by Board Member Ritter.
Chairperson Pro -Tem Brass asked whether there was any further discussion. There was none.
VOTE
HOOVER - ABSENT BURROUGHS-ABSENT BAUGHMAN-YEA BRASS -ABSTAIN KELLER - YEA
McCoy - ABSENT RITTER - YEA CREASMAN - YEA MCCREARY - YEA MOTION CARRIED.
The recommendation will be forwarded to the City Council for consideration at a final Public Hearing on a date to be
determined.
I CHAIRPERSON PRO TEM BRASS CLOSED THE PUBLIC HEARING AT 8:42 P.M.
Proposed LDR amendments were added for consideration below:
Map 1.2 (proposed)
COMMERCIAL CORRIDOR AND
TRANSITIONAL COMMERCIAL OVERLAY AREAS
City of Okeechobee, Florida
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I
aCommercial Corridor Boundary
0.4 0.2 0 0.4 Miles
Transitional Commercial Overlay
Water
Prepared by: LaRue Planning & Management Services, Inc.
March 13, 2012