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2020-04-07 Ex 01 Ordinance No. 1202 Page 1 of 4 ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY’S COMPREHENSIVE PLAN AS MANDATED BY FLORIDA STATUTES SECTION 163.3177(3)(b); PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes Section, 163.3177(3)(b) requires local governments to annually update a Five-Year Schedule of Capital Improvements which is consistent with the Plan and may be accomplished by ordinance rather than as an amendment to the Local Comprehensive Plan; and WHEREAS, the City's Planning Board, acting as the Local Planning Agency, has reviewed the proposed Five-Year Schedule of Capital Improvements, at a duly advertised meeting held on February 20, 2020, and hereby forwards its recommendation to the City Council; and WHEREAS, the City Council has agreed with the recommendations of the Planning Board that the proposed Five-Year Schedule of Capital Improvements complies with the requirements of Florida Statutes, Section 163.3177(3)(b), that the proposed improvements are consistent with the Comprehensive Plan; and WHEREAS, the City Council desires to adopt this Schedule to guide future development of the City and protect the public's health, safety, and welfare. NOW, THEREFORE, be it 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 design ee, as Chief Presiding Officer for the City: SECTION 1 : Revision . The City Council hereby revises the Capital Improvements Element of its Comprehensive Plan by updating the Five-Year Schedule of Capital Improvements (Five-Year Capital Improvement Plan) attached as Exhibit "A": SECTION 2: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: Severability. If any provision or portion of this Ordinance is declared by a Court of competent jurisdiction to be v oid, unco nstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. SECTION 4 : Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 17th day of March, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Ordinance No. 1202 Page 2 of 4 PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of April, 2020. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Ordinance No. 1202 Page 3 of 4 Ordinance No. 1202 Exhibit “A” Capital Projects Funding Source FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 Five Year Total Transportation Projects Median Replacement & Right of Way Gas Tax $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 50,000 Install Baffle Box & Raise Road Elevation DEP $ 177,537 $ $ $ $ $ 177,537 SW 5th Avenue Project SCOP $ 334,951 $ $ $ $ $ 334,951 SCOP Grant Asphalt SCOP $ $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 300,000 Asphalt Program Gas Tax $ 120,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 420,000 Sidewalk Program Gas Tax $ 15,000 $ 60,000 $ 60,000 $ 60,000 $ 60,000 $ 255,000 Sign Repair/replacement Gas Tax $ 20,000 $ 20,000 $ 10,000 $ 10,000 $ 10,000 $ 70,000 Traffic Signal Upgrades (school and RRFB) Gas Tax $ 7,500 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 67,500 Street Improvements-SE 8th Ave DEP $ 209,000 $ $ $ $ $ 209,000 Sub Total $ 893,988 $ 255,000 $ 245,000 $ 245,000 $ 245,000 $1,883,988 Stormwater Projects ROW Drainage Gas Tax $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 50,000 R&M Roads and Culverts Gas Tax $ 10,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 70,000 Storm Water Infiltration Repair Gas Tax $ 10,000 $ 25,000 $ 25,000 $ 50,000 $ 75,000 $ 185,000 Storm Water Ditch Adjustments Gas Tax $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 50,000 Sub Total $ 40,000 $ 60,000 $ 60,000 $ 85,000 $ 110,000 $ 355,000 Parks & Recreation Projects Tree Program General $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 75,000 Centennial Park - Solar Area Lights (6) General $ 6,000 $ 6,000 $ $ $ $ 12,000 Centennial Park - Landscaping General $ 10,000 $ 10,000 $ $ $ $ 20,000 Centennial Park - 20x40 Pavilion and Restroom General $ 60,000 $ $ $ $ $ 60,000 Centennial Park - Tables/trash cans General $ 6,000 $ $ $ $ $ 6,000 Centennial Park - Playground fencing General $ 5,000 $ $ $ $ $ 5,000 Centennial Park - Picnic Table Shelters General $ $ 10,000 $ 10,000 $ 10,000 $ $ 30,000 Boat Ramp Replacement Dock General $ $ 110,000 $ $ $ $ 110,000 Centennial Park - Dock General $ $ $ 150,000 $ $ $ 150,000 Centennial Park - Observation Gazebo General $ $ $ $ 100,000 $ $ 100,000 Sub Total $ 102,000 $ 151,000 $ 175,000 $ 125,000 $ 15,000 $ 568,000 Total Expenditures $1,035,988 $ 466,000 $ 480,000 $ 455,000 $ 370,000 $2,806,988 Source: City of Okeechobee 2019-2020 Annual Budget Ordinance No. 1202 Page 4 of 4 Ordinance No. 1202 Exhibit “A” Okeechobee County School District Summary of Revenue/Expenditures Available for New Construction and Remodeling Projects Only 2018-19 2019-20 2020-21 2021-22 2022-23 Five Year Total Total Revenues $0 ($6,489,479) ($5,104,479) ($4,719,479) ($4,809,479) ($21,122,916) Total Project Costs $0 $0 $0 $0 $0 $0 Difference (Remaining Funds) $0 ($6,489,479) ($5,104,479) ($4,719,479) ($4,809,479) ($21,122,916) Source: Okeechobee County School District 2018-19 Work Plan Okeechobee County School District Capacity Project Schedules Project Description Location 2018-19 2019-20 2020-21 2021-22 2022-23 Total Funded Project description not specified Location not specified Planned Cost: $0 $0 $0 $0 $0 $0 No Student Stations 0 0 0 0 0 0 Total Classrooms 0 0 0 0 0 0 Gross Sq. Ft 0 0 0 0 0 0 District Totals Planned Cost $0 $0 $0 $0 $0 $0 Student Stations 0 0 0 0 0 0 Total Classrooms 0 0 0 0 0 0 Gross Sq. Ft 0 0 0 0 0 0 Source: Okeechobee County School District 2018-19 Work Plan providing planning and management solutions for local governments 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 www.larueplanning.com Staff Report To: Okeechobee Planning Board From: Ben Smith, AICP Meeting Date: February 20, 2020 Subject: Capital Improvement Schedule Update for 2019-2020 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 Administration feels are necessary to maintain the adopted level of service standards identified in the Comprehensive Plan. The City has adopted level of service standards for potable water, sanitary sewer, solid waste, transportation, recreation & open space, drainage and public schools. Projects that are typically included on the schedule include public works types of improvements such as street paving, sidewalks, curb & gutter, stormwater/ drainage, and recreation improvements. The City does not directly control public school standards or the related projects to maintain the standards. Nevertheless, the City is required to adopt the level of service standards set by the Okeechobee County School Board and 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. Due to the legislative changes passed in 2011, the annual update to the capital improvement schedule is still required, but the update is no longer considered an amendment to the City’s Comprehensive Plan. The LPA must still hold a public hearing and make a recommendation to the City Council concerning the update’s consistency with the Comprehensive Plan. This recommended update specifically implements the requirements of Objective 4 and Policies 4.3 and 4.4 of the Capital Facilities Element. As you’ll see, the previous 2018-19 five year schedule is stricken and replaced by the 2019-20 schedule. Similarly, the previous 2018-19 school district tables are stricken and have been replaced by the latest tables from the School District’s 2018-19 Work Plan. 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.